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HomeMy WebLinkAboutAgenda Packet 1994/11/22 "I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this Agenja/Notice on the Bulletin Board at Tuesday, November 22, 1994 the pU~~fZreVBUilding an at Ci Ha I .n 6:00 p.m. DATED.' I! SIGNED Re lar Meetin of the Cit of Chula Vista 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 15, 1994. 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Economic Develooment Commission - Marcia Boruta (ex-officio); Housin2 Advisorv Commission - Robert C. Flaugher, Margaret J. Helton, Rosa L. Lopez- Gonzalez, Vicki E. Madrid, Thomas Alonso-Massey, Evelyn L. Michela, Jerry D. Mayfield (ex- officio), and Kathryn Lembo (ex-officio). b. Retiring Commission Member Resolution: Safety Commission - Bill Koester. c. Mayor's Farewell Speech. ***** Effective April 1, 1994, there have been new amelUlments to the Brown Act. The City Council must now reconvene into open session to report any .JingJ actions taken in closed session and to tufjoum the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, Jinal actions reported will be recorded in the minutes which will be available in the City Clerk's OfJice. ***** CONSENT CALENDAR (Items 5 through 14) The stall recommendotlons regarding the following items Usted uruler the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the pubUc or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please Jill out a "Request to Speak Form" availoble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the Jirst items of business. 5. WRITTEN COMMUNICATIONS: a. Letter from the City Attorney stating that there were no observed reportable actions taken from the Closed Session of 11/15/94. It is recommended that the letter be received and filed. Agenda 6. 7. 8. -2- November 22, 1994 b. Letter of resignation from the Safety Commission - Steve Padilla. It is recommended lbat the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. Letter requesting funding of $5,000 to support the Federal Base Realigmnent and Closure Commission (BRAC) '95 Committee in its efforts in deciding the fate of military installations in San Diego County and in the rest of the nation - Gilbert A. Partida, President, and Joseph W. Craver, Chairman, BRAC '95 Committee, Greater San Diego Chamber of Commerce, Emerald Shapery Center, 402 West Broadway, Ste. 1000, San Diego, CA 92101-3585. It is staff's recommendation that Council authorize a contribution of $3,000 from the Community Promotions Account to support the efforts of the BRAC '95 Committee. Continued from the meeting of 11/15/94. Letters received from the Chula Vista Chamber of Commerce and The Kobey Corporation regarding the Visitor Infonnation Center - Roderick F. Davis, Executive Director, Chula Vista Chamber of Commerce, 233 Fourth Ave., Chula Vista, CA 91910, and Charles Pretto, General Counsel, The Kobey Corporation, P.O. Box 81492, San Diego, CA 92138. Continued from the meeting of 11/15/94. It is recommended that Council refer the Chamber's request to staff and authorize transferring the operation of the Visitor Center to Trolley Services, loc. under Kobey until the City decides what long-term approach it wants to pursue. c. d. RESOLUTION 17724 WAIVING THE BID REQUIREMENTS AND APPROVING AGREEMENTS WITH THE URBAN CORPS OF SAN DIEGO (NOT TO EXCEED $175,000) AND THE CHULA VISTA NATURE CENTER (NOT TO EXCEED $50,000) FOR USED OIL RECYCLING EDUCATION SERVICES, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENTS - 00 4/12/94, Council authorized the City Manager to submit an application for $270,300 to the California lotegrated Waste Management Board for a Used Oil Opportunity grant. The grant application specifically identified partoerships between the City, the Urban Corps of San Diego and the Nature Center to implement the grant services. The agencies were specifically selected because of their unique ability and history of providing environmental awareness programs and employment for local youth. 00 8/9/94, Council approved Resolution 17601 accepting the State of California Used Oil Opportunity Grant for $270,300 and appropriating funds therefor. The resolution implements the service agreements now needed to move forward on the project. Staff recommends approval of the resolution. (Administration) RF.IlOLUTION 17725 AMENDING FISCAL YEAR 1994/95 BUDGET TO ESTABLISH A TEMPORARY EXPERT PROFESSIONAL POSITION (0.35 FULL TIME EQUIVALENT) WITII1N THE DEPARTMENT OF BUILDING AND HOUSING FOR IMPLEMENTATION OF PHASE TWO OF THE AMERICANS WITH DISABILITIES ACT (ADA) - Approving the Fiscal Year 1994/95 budget amendment for establishing a temporary expert professional position (0.35 FTE) in the Department of Building and Housing for implementing Phase Two of the ADA Transition Plan. Staff recommends approval of the resolution. (Director of Building and Housing) 4/5th's vote required. RESOLUTION 17726 APPROVING CHANGE ORDER NUMBER ONE FOR THE BICYCLE/JOGGING TRAIL AT SWEETW ATERROAD AND WILLOW STREET IN THE CITY (PR-I53) - 00 9/20/94, Council awarded the contract for the Bicycle/Jogging Trail at Sweetwater Road and Willow Street. The work to be done involves construction of a pedestrianlbicycle trail along Sweetwater Road and Willow Street across the Chula Vista Golf Course with a bridge over Sweetwater River. The project as bid contained a 70 foot long bridge with an 8 foot wide wooden deck. The bridge connected to two paths totaling 14 feet wide on each side. Staff recommends that the 8 foot bridge be upsized to 14 feet wide in order to eliminate a bottleneck at the river crossing. Staff Agenda 9. RESOLUTION 17727 10. RESOLUTION 17728 1l.A. RESOLUTION 17729 B. RESOLUTION 17730 C. RESOLUTION 17731 12. RESOLUTION 17732 -3- November 22, 1994 recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) WAIVING TIlE BIDDING PROCESS AND AUTHORIZING TIlE PURCHASE OF A NEW 1994 PARK A VENUE FROM HARRISON BmCK - When a new Mayor is elected, it bas been the practice to purchase a new vehicle for the Mayor's use. Funds were included in the Fiscal Year 1994/95 Equipment Replacement budget to replace the Mayor's car. Staff recommends approval of the resolution. (Director of Public Works) ORDERING TIlE SUMMARY VACATION OF A GENERAL UTILITY AND ACCESS EASEMENT WITHIN EASTLAKE GREENS MASTERS COLLECTION, UNIT 17 AND AUTHORIZING TIlE MAYOR TO EXECUTE THE QIDTCLAIM DEED VACATING TIlE EASEMENT- Brehm Communities will be developing the remsining undeveloped portion of EastLake Greens Unit 17, Lots 6-13, of the Masters Collection and bas obtsined approval of minor revisions to the original development plan for the unit. The proposed revisions required adjustments to the side lines for Lots 6-13 and to the private drives. A condition of the adjustment requires the vacation of a portion of the general utility and access easement that was dedicated to the City on the final msp for Unit 17. Brehm Communities and EastLake Development Company, owners of the Bristolwood development within Unit 17 of EastLake Greens, have requested vacation of a portion of an existing general utility and access easement. Staff recommends approval of the resolution. (Director of Public Works) ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR STREET PURPOSES OVER A PORTION OF LOT A IN TIlE LADERA VILLAS SUBDIVISION 12519 - On 7/18/91, Council approved the Tentative Subdivision Map for Tract 90-02, Rancho del Rey Sectional Planning Area (SPA) III. Condition of Approval Number 74 of the tentative msp allowed the developer to file a Master Final Map (MFM) creating master lots. Approval of the MFM does not confer development rights to the developer. Subaequent final msps will be required to further subdivide the master lots into residential units. The proposed amendment to Condition Number 74 will clarify when Telegraph Canyon Channel Drainage DIF and the Park Acquisition and Development fees are payable. Right-<lf-way for Paseo Ranchero previously offered to the City through an irrevocable offer of dedication must also be accepted by the City to provide adequate access to the lots being created by the MFM. Staff recommends approval of the resolutions. (Director of Public Works) AMENDING CONDITION OF APPROVAL NUMBER 74 OF TIlE RANCHO DEL REY SPA m TENTATIVE MAP TO CLARIFY WHEN PARK ACQIDSITION AND DEVELOPMENT FEES AND TELEGRAPH CANYON CHANNEL DRAINAGE DIF ARE PAYABLE FOR TIlE SUPER BLOCK LOTS APPROVING MASTER FINAL MAP OF TRACT 90-02, RANCHO DEL REY, SPA m, MASTER FINAL MAP, ACCEPTING ON BEHALF OF TIlE PUBLIC TIlE PUBLIC STREETS DEDICATED ON SAID MAP, AND THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDMSION IMPROVEMENT AGREEMENT FOR TIlE COMPLETION OF IMPROVEMENTS REQIDRED BY SAID SUBDIVISION, AND AUTHORIZING TIlE MAYOR TO EXECUTE SAID AGREEMENT ACCEPTING BIDS AND AWARDING CONTRACT FOR "REMOVAL AND SITE CLEARANCE OF EXISTING BmLDINGS AS PART OF THE CMC CENTER PARKING LOT IMPROVEMENTS IN TIlE CITY (GG- Agenda -4- November 22,1994 148)" - Funds for the project were budgeted in the Fiscal Year 1994/95 CIP budget process. The overall scope of the project provides for the reconstruction and expansion of the existing employee parking lot. The project is scheduled to be done in two phases. The award of the contract represents the first phase of the construction process, and involves the removal of existing buildings currently located on the lot where the expansion of the parking lot is to take place, and preliminary grading of the site. The second phase of the construction which is scheduled for sometime in the next couple of months is for the reconstruction and repaving of the parking lot. Staff recommends approval of the resolution awarding the contract to Cement Cutting, Inc. San Diego in the amount of $23,047. (Director of Public Works) 13. RESOLUTION 17733 ADDING PROJECT TF231 - ACCIDENT RECORD SYSTEM TO THE CIP BUDGET AND APPROPRIATING $56,750 FROM FUND 219 FOR A COMPUTERIZED ACCIDENT INFORMATION RETRIEVAL SYSTEM- The State Office of Traffic Safety has approved a grant of $56,750 to upgrade the City's accident record retrieval system. The proposed system will integrate with the City's newly implemented Geographic Information System (GIS). The grant will allow the City to retain an information systems consultant to provide the City with a state-of-the-art computer software accident record retrieval system that is compatible with the GIS. The grant will also allow the City to purchase a GIS hardware station. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. 14.A. REPORT SANDAG REQUEST FOR SUPPORT IN SEEKING FEDERAL AND STATE FUNDS FOR BEACH REPLENISHMENT - On 10110/94, the City Manager received a letter from Ken Sulzer, Director of SANDAG, seeking support from the City for a cooperative regional initiative to restore San Diego region's critically eroded beaches. The initiative was approved by the SANDAG Board of Directors on 9/24/94. Staff recommends Council accept the report and approve the resolution. (Director of Planning) B. RESOLUTION 17734 SUPPORTING STATE AND FEDERAL FUNDING ASSISTANCE FOR A SAN DffiGO REGIONWIDE BEACH REPLENISHMENT 1NITIATIVE · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The foUowlng Ilems have been advertised and/or posted as public hearings as required by law. If you wish to speale to any Ilem, please fill out the "Request to Speale Fonn" available in the lobby and submilll to the City Cieri: prior to the meeting. (f:omplete the green fonn to speak In favor of the staff recommendation; complete the pink fonn to speale in opposllion to the staff recommendation.) Comments are limiled to five minutes per Individual. 15. PUBLIC HEARING CONSIDERING THE VACATION OF THE PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORm OF NAPLES STREET- Country Club Villa Estates, owner of the triangular piece of property between Moss and Naples Streets westerly of the juncture of those streets, has requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection. In accordance with the California Streets and Highways Code, on 10/4/94, Council set the associated public hearing for 11/1194. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 11/1194. ORDERING THE VACATION OF A PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE A VENUE, NORTH OF NAPLES STREET RESOLUTION 17704 Agenda -5- November 22, 1994 16. PUBLIC HEARING PCM-94-20IPCA-94-02; CONSIDERATION OF AMENDMENTS TO THE CITY LANDSCAPE MANUAL AND ASSOCIATED AMENDMENTS TO THE MUNICIPAL CODE - CITY INITIATED - 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 bas also been updated to include standards for public 1.nol""ope 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 Coordinstor bas 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. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of Planning) Continued from the meeting of 11/1/94. A. ORDINANCE 2616 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 (first readiJlll) B. RESOLUTION 17735 ADOPTING THE REVISED LANDSCAPE MANUAL OF THE CITY, SUPERSEDING THE STATE MODEL CODE, AND REPEALING COUNCIL POLICY NUMBER 476-04 17. PUBLIC HEARING ADOPTION OF THE SALT CREEK BASIN GRAVITY SEWER ANALYSIS AND ESTABLISHMENT OF THE SALT CREEK BASIN DEVELOPMENT IMPACT FEE - The Salt Creek Basin Gravity Sewer Anslysis was prepared by Wilson Engineering to recommend sewer improvements necessary to convey sewage flows from the Salt Creek Basin to existing or proposed dQWDStream 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 first reading. (Director of Poblic Works) Continued from the meeting of 11/1194. ORDINANCE 2617 ESTABLISHING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITIIIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (first readiJlll) 18. PUBLIC HEARING CONSIDERING ABATING THE SCHEDULED 1995 BUSINESS LICENSE TAX INCREASE TO RETAIN BUSINESS LICENSE TAXES AT THE CURRENT CALENDAR YEAR 1991 LEVEL - The public hesring is to consider the advisability of abating the business license tax increase scheduled to be effective on 111195. Ordinance 2408 specifies the business license tax rates for each yesr and provides Council with the option of abating the scheduled increase for a one-year period to not less than scheduled 1991 tax levels. If the tax rates scheduled for 1995 are not abated, taxes for the vast majority of businesses will more than double. Staff recommends approval of the resolution. (Director of Finance) Agenda -6- November 22, 1994 A. RESOLUTION 17736 B. ORDINANCE 2618 ABATING THE SCHEDULED CALENDAR YEAR 1995 BUSINESS LICENSE TAX RATES FOR ONE YEAR AND RETAlNlNG BUSINESS LICENSE TAXES IN CALENDAR YEAR 1995 AT THE 1991 LEVEL AS PROVIDED IN ORDINANCE 2408, WITH THE EXCEPrION OF TAXES ON SPEClFlC BUSINESSES WIllCR WERE ADOPrED BY COUNCIL ORDINANCE AFTER JANUARY 1, 1991 AMENDING CHAPrER5.60 OF THE MUNICIPAL CODE RELATED TO BUSINESS LICENSE TAXES AND REGULATIONS OF VENDING AND AMUSEMENT MACHINES (first readil12) - The taxation ordinance 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 ordinance will also make the code consistent with State and Federal laws. Staff recommends Council place the ordinance on first reading. This ordinance does not reauire a Dubhe bearil12 but is a related mm. ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject mIltter within the Council's jurisdiction that is !Yll an item on this agenda for public discussion. (State law, however, generaUy prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yeUow "Request to Speale Under Oral Communications Fo",," available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speale, please give your name and address for record purposes and foUow up action. Your time is limited to three minutes per spealeer. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Comminees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, stoff, or members of the general public. The items will be considered individuaUy by the Council and sttiffrecommendations may in certain cases be presented in the alte17Ultive. Those who wish to speale, please .fill out a "Request to Speale" fo"" available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 19. RESOLUTION 17710 APPROVING AN AGREEMENT WITH THE ENVIRONMENTAL TRUST, INC. AND BONITA LONG CANYON PARTNERSHIP FOR PURCHASE OF LAND AS WETLANDS MITIGATION FOR TWO CITY PROJECTS AND AT&T'S PROJECT AT 86S TIIIRD AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY - The winter storms of 1993 caused damage to a number of locations within the City. Restoration won was accomplished for two City projects and one private project. As a result of work done by the City and proposed work by American Telephone and Telegrsph (AT&T) at 86S Third Avenue, the Department of Fish and Game (DF&G) required wetlands mitigation. The City has been working towards obtaining land to mitigate the two City projects. The DF&G suggested that the City and AT&T combine mitigation so as to provide a larger area rather than three smaller sites. The agreement is the result of negotiations for both City projects and the AT&T site. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 11/8/94. Agenda -7- November 22,1994 20. REPORT REVIEW AND CONSIDERATION OF WORK PROGRAM RESPONSES FOR IMPLEMENTING RECOMMENDATIONS CONTAINED IN THE GROWTH MANAGEMENT OVERSIGIIT COMMISSION'S (GMOC) 1993 ANNUAL REPORT - On 5/26/94, Council held a worlcshop to consider the GMOC 1993 Annual Report regarding compliance with the City's Quality-of- Ufe Threshold Standards. At that workshop, Council received and discussed the Report, and directed staff to follow-up with a work program on the actions recommended by the GMOC. Stsff has completed that follow-up and is returning to Council with a work program report. Stsff recommends Council: (1) Adopt the 1993 GMOC Annual Report and recommendations contsined therein; (2) Direct stsff to implement the recommendations in accordance with the work program responses; and, (3) Approve the Ststements of Concern and cover letters for signature and issuance by the Mayor regarding the Water and Air Quality Thresholds. (Director of Planning) 21. REPORT ABATEMENT OF THE TRANSIENT OCCUPANCY TAX In 1990 Council estsblished a maximum Transient Occupancy Tax (TOT) of ten percent and provided for annual abstement hesrings at which time the maximum tax could be lowered to not less than eight percent. In esch subsequent yesr, Council has absted the TOT rate to eight percent, the same rate it has been since 1978. The purpose of the annual abatement hesring is to consider absting the TOT rate to a rate below ten percent. If Council takes no action the TOT rate would increase to ten percent on 1/1/95. Stsff is recommending that Council take no action and allow the TOT rate to increase to ten percent, effective 1/1/95. (Director of Finance) 22. REPORT UPDATE ON CHILDREN'S SAFE HAVENS PROGRAM - On 7/19/94, stsff was directed to develop recommendations regarding coordination of a Children's Safe Havens Program with locs1 churches and other organizations. Stsff has made presentstions on a basic Safe Havens concept to a number of groups and organizations, including the Child Csre Commission, Youth Commission, Youth Coslition, and the Commission on Aging. Presentstions are also planned for the Chula Vists Human Services Council and the Ecumenical Council. The intent of the report is to discuss the organization of a Safe Havens Program. Staff recommends Council accept the report. (Director of Parks and Recrestion) 23. REPORT STATUS OF NEGOTIATIONS WITH BALDWIN BUILDERS REGARDING AFFORDABLE HOUSING AND COMMUNITY PURPOSE FACD..ITIES OBLIGATIONS INCLUDING REQUESTS TO AMEND CONDITIONS OF THE TENTATIVE MAP AND SUBDMSION IMPROVEMENT AGREEMENT RELATING TO SAME - Council directed staff to negotiate an agreement with Baldwin which would provide for the provision of 17.2 low-income and 17.2 moderate-income housing units and 1.5 acres of Community Proposed Facilities. After substantial negotiations, staff and Baldwin have reached impasse on significant issues in such an agreement. Staff requests Council provide direction regarding further negotiations. (Director of Community Development and Director of Planning) 24. REPORT MULTIPLE SPECIES CONSERVATION PROGRAM FOCUSSED PLANNING AREA ALTERNATIVE - The City is a participant in the Clean Water Program Multiple Species Conservation Program (MSCP). On 6/21/94, Council endorsed the approach for delinesting a "focused planned ares" aress bssed on a concept approved by the San Diego City Council. Stsff has now prepared such an alternative. Staff recommends Council authorize the draft focussed planning ares prepared by stsff as the "fifth alternative" to be included in the draft MSCP Plan and Environmental Impact Report. (Director of Planning) Agenda -8- November 22, 1994 25. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. 26. 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 Council will discuss items whleh hove beell removed from the COllsellt Calelldar. Agellda items pulhd at the request of the pubUc will be cOllsidered prior to those pulhd by Coullcilmembers. PubUc commellts are Umited to five mlllutes per individual. OTHER BUSINESS 27. CITY MANAGER'S REPORTISl a. Scheduling of meetings. 28. MAYOR'S REPORTISl a. Appointment of Council representative 10 the Interagency Water Task Force. 29. COUNCIL COMMENTS Councilmember Moore a. Board/Commission/Committee Liaison. CLOSED SESSION UlIless the City Attorney, the City Mallager or the City Coullcil states otherwise at this time, the Council will discuss alld deUberate 011 the foUowillg items of business which are pemtUted by law to be the subject of a clased sessioll discussioll, alld which the Coullcil is advised should be discussed ill clased sessioll to best protect the illterests of the City. The Council is required by law to retum to opell sessioll, issue allY reporls of ibJJJl actWlI takell ill clased sesnoll, alld the votes taken. However, due to the typical lellgth of time takell up by clased sessions, the videotopillg will be tennillated at this pow ill order to save costs so that the Council's return from clased session, reporls of Ji!HJl actWlI takell, alld a4joummellt will. not be videotaped. Neverlheless, the reporl of /illal actioll takell will be recorded ill the mill utes which will be available ill the City Cleric's Office. 30. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Govenunent Code Section 54956.9 . Ten cities vs. the County of San Diego (trash litigation). 2. Anticipated litigation pursuant to Govenunent Code Section 54956.9 . Significant exposure 10 litigation pursuant 10 subdivision (b) of Section 54956.9: 1. . City of Chula Vista vs. the County of San Diego (Daley Rock Quarry) regarding approval of a major use permit. . American Contraclors Indemnity Company vs. City of Chula Vista regarding City's non- acceptance of surety bond from California domiciled insurer with less than A-V rating. Agenda -9- November 22, 1994 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: CbuIa Vista Employees Association (CVEA), Western Council of Engineers (WCE), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 31. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a City Council tour on Saturday, December 3, 1994 at 8:00 a.m. and thence to the Regular City Council Meeting on December 6, 1994 at 4:00 p.m. in the City Council Chambers. A Special Joint Meeting of the City CouncillRedevelopment Agency will be held immediately following the City Council Meeting. November 17, 1994 -' SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager tJ City Council Meeting of November 22, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, November 22, 1994. Comments regarding the Written Communications are as follows: 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 15, 1994. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. Sb. IT IS RECOMMENDED THAT STEVE PADILLA'S RESIGNATION FROM THE SAFETY COMMISSION BE ACCEPTED WITH REGRET, AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LmRARY. 5c. This is a letter from the Greater San Diego Chamber of Commerce BRAC '95 Committee, requesting $5,000 to support the Federal Base Realignment and Closure Commission in its efforts regarding the fate of military installations in San Diego County and nationwide. Their letter states that there are approximately 850 households in Chula Vista that are supported by the Naval Research, Development & Engineering Centers and the North Island Naval Air Depot, and thus would be impacted by these base closures. The financial support contributed by other cities and entities is as follows: the City of San Diego - $20,000; the County of San Diego - $20,000; the Port District - $20,000; National Steel - $25,000; SDG&E - $10,000; North Island Federal Credit Union - $5,000; Pacific Bell - $5,000; City of Coronado _ $5,000; City of National City - $3,000). Based on the City's limited ("mancial resources and the fact that there probably could be some flexibility in BRAC's $140,000 budget, IT IS STAFF'S RECOMMENDATION THAT COUNCIL AUTHORIZE A CONTRmUTION OF $3,000 FROM THE COMMUNITY PROMOTIONS ACCOUNT TO SUPPORT THE EFFORTS OF THE BRAC '95 COMMITTEE. (Continued from the II'efllqg of 11/15/94) 5d. These are letters from the Chula Vista Chamber of Commerce and the Kobey Corporation regarding the operation ofthe Visitor Information Center. The Kobey Corporation has operated the center since February 1992; however Kobey's contract with the City has expired. Previous to that expiration they notified the City that they are not interested in exercising the option to extend the contract; however they agreed to continue to operate the visitor center on a month-ta-month basis while the company and staff explored the City's options. This letter requests that the City agree to transferring the operation of the visitor center to Trolley Services, Inc., under Kobey until a decision is made by the City regarding the future ofthe center. Kobey would maintain the cash bond. A separate letter from Trolley Services, Inc. states that company's willingness to assume those duties. The Chula Vista Chamber of Commerce proposes to operate and manage the visitor center with the City providing some support for these costs. IT IS RECOMMENDED TIlAT COUNCIL REFER TIlE CHAMBER'S REQUEST TO STAFF AND AUTHORIZE TRANSFERRING TIlE OPERATION OF TIlE VISITOR CENTER TO TROLLEY SERVICES, INC. UNDER KOBEY UNTIL TIlE CITY DECIDES WHAT LONG-TERM APPROACH IT WANTS TO PURSUE. JDG:mab " RESOLUTION COMMENDING WILLIAM KOESTER FOR HIS EXCELLENT SERVICES ON THE SAFETY COMMISSION WHEREAS, William Koester was appointed to the Safety Commission on April 5, 1988; and WHEREAS, Mr. Koester brought to the Commission his experience from serving in the U. S. Navy, as well as being an active volunteer with the Chula Vista Police Department; and WHEREAS, William had a special interest in the safety and welfare of others, particularly the elderly and the children of the community; and WHEREAS, William provided great insight and awareness for appropriate solutions and recommendations for various safety issues: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, California, does hereby express its appreciation to William Koester for his many years of excellent service to the Safety Commission. 1);./ ~Vt- ~ ~~;E~ CllY OF CHUlA VISfA OFFICE OF THE CITY MANAGER From: November 16, 1994 The Honorable Mayor and City COUjj;\L Bruce M. Boogaard, city Attorney~~ Report Regarding Actions Taken in Closed Session for the Meeting of 11/15/94 Date: 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 11/15/94 which are required under the Brown Act to be reported. BMB:lgk C:\lt\c!o88e88.no .;;., ., / 276 FOURTH AVENUElCHULA VISTA, CALIFORNIA 91910/(619) 691-5031 STEVE PADILLA RECEIVED '94 fIIY 11 Pit :(;6 CITY OF CH, iu\ JIST A- llY Cl~h'S OFFICE November 10, 1994 ()' ~ "..Y TO' Hon. Mayor and City Council, via Chairman-Safety COmmiS\; j J FROM. Steve Padilla SUBJECT Resignation from Safety Commission Mr Mayor' Please have this letter serve as official notice of my resignation from the Safety Commission due to my election to the City Council on Tuesday, November 8. I appreciate greatly the opportunity to have served. I look forward to the future, as I know and trust the Safety Commission, it's members and staffwill continue their outstanding service. Sincerely, c~~/ . Steve Padilla CCf ~ ~IUTTEN COM;~~~~:~NS '}J 5//,/ !I !I I. I' CHULA VISTA CHAMBER OF COMMERCE \i " AN INVESTMENT IN THE FUTURE November 9,1994 BOARD OF DIRECTORS President Diane Flint The Honorable Tim Nader Mayor of Chula Vista and Members of the City Council 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Nader and Members of the City Council: The Chula Vista Information Center located at the trolley station on "E" Street does not advertise Chula Vista nor does it provide significant informational resources for the City of Chula Vista. Furthennore, the current operator has indicated a desire not to continue. The Chula Vista Chamber of Commerce proposes to undertake management and operation of the Visitor Information Center. In a quick overview- details to be negotiated if the Council accepts the concept - the Chamber \\'ill operate the center and advertise the City. The Chamber will provide insurance in accordance with common business practices. The Chamber will employ one full-time and one part-time employee. Staffmg would be provided by a cadre of volunteers. The City would maintain/operate the building as a City building. In addition, the City would provide a one-time subsidy of $10,000 to procure a stock of Chula Vista related memorabilia. The sale of this memorabilia would then be used to restock the Visitor Center. Prealdent Elect Jim Weaver Vice President.: Greg Cox Chris Lewis Mary Anne Stro Dave Ward Members: Patricia Barnes r"'''IeeBlJIe Ine Clayton lileve Collins Robert Garcia Sussn Harney Cathi Jamison Tim Lewis Tom McAndrews Scott Mosher Robert Penner, MD Frank Scott Bob Thomas Brad Wilson In addition, the City is requested to share the liability with the Chamber for salaries. The City will, if required, pay up to 50% of the salary liability in any month in whIch the center is not self sufficient. This concept represents a maximum liability to the City on an annual basis of $15,000. The OTC, the Amphitheater and a myriad of other projects need to be well advertised. The Chamber is the best resource in the City to operate the Visitor Information Center. We look forward to hearing from staff. Sincerely, Chula VIsta Chamber of Commerce Past Praaldent T. Pat Cavaneugh executive Director Rod Davis -.~ ACCREDITED C"".".Cl.c,O.lIn...... ...."..' n....". ........."...... a1~~ft~nISN ~~tMUMC,;: =-1)~7" 2 3 3 f 0 U R T HAVE N U E . C H U l A V 1ST A, C A L I FOR N I A 9 , 9 , 0 . TEL ( 6 , 9) 4 2 0 6 6 0 3 .. The Kobey Corporation OCf?lalor~ ('I ~,'Do:-" ~ :'\'. at 1\ ~el2l November 7, 1994 George Krempl Deputy City Manager City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr Kempl. This letter is sent to confirm our meeting on Thursday Nov 3, 1994 The Kobey Corporation would like to transfer the operation of the Chula Vista Information Center to Trolley Services, Inc. owned and operated by Jack Knight and Craig Knudson. We would like to facilitate this transfer as expeditiously as possible. In some regard this is similar to the current state of affairs. Currently, the Kobey Corporation was under agreement to operate the center but the actual operation was performed by Kobey's Kiosk, a separate entity. The proposal as I discussed on Thursday would envision having Trolley Services operate the center under Kobey until a decision is made by the city regarding the future of the center. The bond which is maintained by Kobey was just rolled over; its anniversar) date is August 24, 1995 Therefore the cash bond naming the cit) as beneficiary will be maintained until that date by Kobey. Further I envision that because Trolley Services has agreed to retain Carlos Rodriguez who is the current supervisor no discontinuation of services are contemplated In fact with the additions they plan to implement re: agreement with Travelers Aid, and expanded financial services the center will be better As discussed they would like to add check cashing and money exchange. I have enclosed a separate letter from them describing in more detail their plans including resumes from each principal. I appreciate your consideration of this matter ~~ Charles Pretto General Counsel The Kobey Corporation cp chulanot PO Box 81492 San Dlego CA 92138 5~~ 619 523-2700 Fax 619 523-2715 HOY- 7-94 "ON 16:16 BAHK~~mF* 619584133(1 F. ].:. , IlANKtemfM November 1,1994 Goorge KIempI Deputy CIty Manager and Jeri GuIbran.Sen Pubic It Iocnllltion CoordInator 'IlanlIIng SO\ullOrl.- City of ChuIa VIsta 278 Fourth Avenue Chula VIsta. CA 91910 Dear Mr. Krempland Ms. Gulbnlnsen: Thank you for mil tit.g with us last Thunlday. We ..... AlqIIMting that Trolley SeMces. Inc. become tM tT8nsfvree and assignee of the ChuIa VIsta Inrorm8tIon Center. In 8ddIUon to providing vI6Itor Inform8liOn, W8 would pIOvIde food and drink services M'niI8r to the sorvIc;es being pnMded by Kobey. In addition, we would provide Ildditional servlces that W8 or the ~ 01 CtuII Vb1a pert8ive to be the "needs- of the commuter 8nd vIsIklr to your city. These S8IVices could include check cashI~ Md money ..chIllgO. We would like to IUMIY the need$ of the c:oII'IIlUer and viIilors to determine their needs. We would ~ 10 enter into . longer term 1ee58 8gl1l8menl with the City of Chula VIsta and to enhance the present seMces being provtded. The ~ of TnlIlay Ser~ Inc. .. Jec:k KnIght. the owner of C8Ilfomla Water Conditioning Comp.ny; CnIig Knudson. the owner 01 SUpernwcado TIllS Amigos and BANIOl;jhlpS, and AIdo Sanchez. tha Store Manager of Supennercedo Tres AmIgos. Er..clll.ld .. penonall'lllUl'l8S for each 01 the principals. The corpoI8tion II new. We .. e)lldl~ 8bout .. new opporUlly IWId klOk forwlu'd 10 v\IItq wtth you about your~ needs. a_lily, Ct CraIg .u7t 30Ih SbMt. Swllt 2 SIn Diego, CA 12104 T~I: (818)584-1330 tbth Count)': (tit) 434-8200 S~3 HOV- 7-94 "OH 1~:16 BAH~~~MPS 619SB41=Z0 P.17 CRAIG KNUDSON 4662 EAST TALMADGE DRIVE SAN DIEGO, CA.12118 (819) 884-1330 SOC. SEC. , 504-48-1882 ANANCIAL EXECUTIVE QUALIFIED BY: Over 2S years aperienc:e .. OwnerlOpera!or of an Equipment L_lng Com~Y. a GnlCielYJMeat M8IlIet,. Bank Tompora., Person;~ Service. an InI\nnCll Agency; as wen.. an Ex8CUllve""Vlce p.....,t and Chief L8ndiog Ofticar tI# . Ioc:8l bank; Sranc:h IoAanager d a major Wlilt COast Bank, plus many IIdrrinIs1ratIVe and public relallons and civic l'lI$ponslbllitie.. EXPERIENCE: Supermercado Tres Amp ITres Amlaos Inveslm&nt. I~ Chl*man and Chief CllIIc:lJlIYe 0IIIcer or aU servk;e grocery 8tDre and meet lIlaI1lel focaled at Ihe Int.malklnill Border in Otay u.a, ClIIIfomla. R~ Indude .nleglc pIMrlinsJ, tln8ndal _lysis and c:ontrol, budgetlng, and employee perf_ pIWlning IIld goal Hltlng I"erIonaIy tupeIVI.. lie PnlaldenllStore wanager wno OplUtes Ille 81Iore, /IIIIOIllNll1tel, money Pdlang., ancIlnsurence 00I1lpaf1y. 6.... .'.800,000 annually. 0I*18d IIDr8 Septlll'/lber 1990. BANKtemps (COIpOIBtion) PAllldentIlld cn.rE-.a1llw OlIIcerof alllmporary atld run lime placement IeMc8 operating In" San DIego County erN. Cn.al1I'1dude banIla lIIld other IInlnClallnslllullons. A NlalBd cotl1)Iny. exCEUemps oIrers almllar HrVlcn to . brl*Ier range or lr1du8Ir*. ReIponalbHllIn Inc:Iude Il1alegIc p1Int11ng, fIolll1QeI ell81)'lll and control, budgellJ 19, and ~oyee ~ planning IIlCI goal ..arng. Persondy lupervf.. a llalf or 8 .,ipIOIJelllnc:ll.lclW1g lWl 0I'IIce M~r, Placement OIIk:er, and Account M8n1gers. R....enues or $1,!lOO,OOO IInnwllly. Founded ~y Decem~r 1ll9O. PRIOR WORK EXPERIENCE: La Wla Bank & Trust EQallIve Vice PmldenIIInd ChlIIfl..endlng omcer. ....ponalblIlIes IndudIId MlIIng loan poIk:y, pnx::edurlls, IlnIInlI p,artI.., and"~ of II $4OC MIllon Loan f'Of1IbIlo. ChII1rmIII of \he Bo<<d Loan c..."., Mb",. ......oIl<<of.. s.nIDr ~ c....,... ....loberCll' AIMtIUIIbIIlIy 0"'....1IM (MIl ,.... for ~ IInd cIepo6, .,.,1IlIIIliM rm__lld.dllltll'll). ....jobll ofSl. II-: '1eI.11ng 0.....,,"'.. AddItioI. rwapan"lIlIIlI ialded ...,.4lIIon CII'':- DlvIIIon, RMI E8II LIldlg. .,., ea.,....... IMalllng. 4II*IeI projedIlncllded da.._bpllllJ an 1nUanoI8an/IcM DIwIIIon to... UfI and C-..Ily InannCI Produc:b. IU \he _ ...... _ eCIkI '" ~ F'\Kllk; NtllIor1III e.-... ~.t1l1llO. 1 Nod 1ld1le.-ed end _cle4 ..Cotpor8Ia..w n, tmentOMla. All.'. .. r~- .....~Ador. -~n'lheIrOolll.. During mr..... will \he ,**-"30 dIIJ IInd ovr'~ _1I1ah..My _ 2 ~ or..... Non ....-r......1Q ..... kl TGlaI......... Q,3 'Ii. ... ClwgI Olfs SI10lha _ of 1~. I .upaMIId. Ngh queIIty, proIItabIe lCllIn portIbIIo. (1985'" 1990) Set'i HOY- 7-94 MON 16:17 BAli~~~I.ps 6195841336 P.18 f1eritaae Leasina COIllQ[iI\ign Presldenl of an equlpmenlleasir~ company wilh aill ol!ices from ClIIifomlalo Wamlnglon. ftellpollsibllltles Included planning, man:IIJlIment. and conlrol. (197310 11lll9) first Interstate Bank ~ Lendlng 0llI0Ir. Responsible for major ..... .,orale lending relaIIonships Ihroughoullhe San OiegQ Counl)' lIre8. (191210 1;73) Ilrw1c;h ManIOerIn EI C4Ijon, Ca Opened new lIIlInch, Not only lIChleWll pnlIItarlle opeI1Ilion, IU nI(;O'IIInd" ~ ~1I11n 24 months. ArnIi/IIIelc...--ded budgolb n other pelforman.:e pb. (11J69lD 11172) EDUCATION: 9. S.1n BanldnOand Frlance. UntvenIIy or SOuth DllkCllll. (1963) Numerous 10..1.8. Counet .s studanl8llcS 1nd\JdOr. Robert MorTIs a Assod2lea - Loen Management Semln.rs. . PERSONAL: Age 53. Ellcellerll H.alll1. RELATED ACHIEVEMENTS: Pnll;1<l8n1 of w.1\8m A.8(lo -", of EquIpment Lneore, elrade aaeodallcln c:ompOeed or 350 memtlen In the western half or lhe Untied SllIlD.. (1982) Keyman of lhe ~ Aaaoc:I*n ofEquiplMllt uaaora, . lracle ..IOCI*" composed of 700 memben In ... United S~. (1gallO 1985) Past Preslc3ent of GII1a Club 01 EI Ceton Pas!. DtredDr of Ee.l Counll/ UnIllcl WWy. BEHAVIOR: OUtllolng. People ancl goal OIlanled, reIeX8cI, anD'epreneUr1el. clMolIAII led, faCt orfented, cleclslve. achIeVer REFERENCES: N\IIn8rOUS In W..-n UnilIld SlIliIs. PfcI'WIcIad """ ~ 5~~5' . JACK D. KNIGHT 690 ROSECRANS STREET SAN DIEGO, CA. 92106 619-223-3638 SOC. SEC. # 572-62-3305 BUSINESS EXECUTIVE QUALIFIED BY: Over 24 years experience as owner/operator of a residential Water Softening Company, a commercial and industrial Water Purification Company, retail Water Stores and a Food Concession Stand. EXPERIENCE: California Water Conditionina Comoanv Owner and operator of a commercial and industrial water treatment company founded in 1977. California Water Conditioning Company's expertise lies in the following fields: water softening, water filtration, design and manufacture of commercial reverse osmosis equipment, design and manufacture of deionization systems for high purity applications and waste water reuse, water sterilization systems utilizing ozone and ultraviolet technologies for potable and medical uses, water storage tanks and repressurization pump systems California Water Conditioning employs 6 people. California DrinkinQ Water Comoanv Owner and operator of 2 retail water stores. The stores were opened in Barrio Logan and San Ysidro areas of San Diego in 1991. The stores offer high volume users of drinking water an alternative to the supermarket drinking water vending machine. The stores offer Food and Drug Administration inspected and approved drinking and purified products. Ancillary accessories include crocks, pumps, dispensers and stands for the 5 gallon market. The San Ysidro location also is a permitted vendor of hot dogs, tamales, burritos, nachos and fountain drinks. PRIOR WORK EXPERIENCE: Servisoft Soft Water Service and Water ConditioninQ Comoanv Inc. Co-owner and operator of residential oriented water softener service company purchased in 1970. Servisoft had 4300 customers that were serviced on the average of every two weeks. Responsibilities included management of Route Delivery, S...les, Service, Installation, Accounting and Collection St:!. /, . departments. Set policy and procedures for all departments. Did the purchasing of all products. Servisoft employed 20 people. Precision Plastics Corooration Vice President and Manager. Responsibilities included management of Sales. Accounting and Fabrication departments. Set policy and procedures for all departments. Did the purchasing of products. Precision Plastics employed 1 2 people Harbor Blueorint Comoanv Employed in sales of printing and graphics media to the architectural and construction trades. Employed for two years before buying my own business. EDUCATION: . Five years of College in Business Administration. San Diego State; Yampa Valley College. Steamboat Springs. Colorado; Santa Barbara City College; and San Diego City College. PERSONAL: Age 49. Excellent health. A member of San Diego Yacht Club. Avid sailor and fisherman. Past President of 20-30 Luncheon Club and current member San Diego Downtown Rotary Club # 33. REFERENCES: Numerous provided upon request. s~-? From. To, a...ct. Prdo DIIe_ 11/WM TUM,18.48.41 Page 1 of 1 . ALDO ABRAHAM SANCHEZ .J ') >2 JA~t 'lnlnllf'lg" JJ1iv, . SiUl J);t'f.". CA 92 J 16 . lr.'krlk1nt': 619-282-7]90 OBJECTIVE Funn a company )u\CM'l as TroUt")" Sl!"rvkes. hK.'. to opt"rate Food Concessi OilS, and J-1.Wl.llcicil Servh:t'!. a.t InOljur trullt"), stops. Irmuediatdy, df'vdop tv.'U locations in Sdll Ysidm ano Chu);.t VistA.. El)UCATION 1.1\ S.<\IU t INIVERSITY. MEXICO L1TY. MExIco n. S., BitJrJ.emiH:f)'. ]fJS ') rhe<>ifi Title: Org;;ni7ation :md DC'VdnpmC'r,t !0f :I (luality (.0T\t:nll.:)l~o:'.llt0ry." Ana;yzc \'cgetabk Oik IN5Tln;ro Tl<.'NOLLX:;rco AlTIUNOMO 111.: MLXlCO (HAM) MLXICO Cl fY Mll:i!{'1'S;n Busiru:ss Ad",i"is!'Rti~ln. JutJ, 1985 - Dr.1".t"mbi7 19h7 ] _},,'>IRlD\CE 1 ()Q() TO PJUSf.NT - TRE!-. A\1jC,.()S INVfSrMEl\:'! lNC. PHi\ SUfFR.""U ReA.)\) TRt-,S A'\41(".c.:s l~sidnlt Ope-fatr: r.;~:rf':rmark("t, Mr-at. Markr-t. ane Monry- r.xC'hangc: at 2472 R:l[ llriv<. O:ay Mt..s,a, ('A '121 T~, (J.orn~("d at Ota)' j\1esa Hord('f Crnssing; 10881'01 smo- C'yfU. ANO.A1.1.lANcL PllAJLt.A.A.CEVnCAL - L\ JOllA. CA Lab Tc..-lmkiun SKILLS II Adm.inisuOltive 1 I Pl.lr<:hasing ! I Invc,nlmy (~onlrnl I I M.,,+.,ndisinf, [ 1 Labor Sr.h<:duling o Cash Control o Accounting o Bilingual Rt"fi!"rt"nnas Av~ilabli!" 1 Tpon Rt-'l11~1 5~, 8' COUNCIL AGENDA STATEMENT TITLE: Item ? Meeting Date 11/22/94 RESOLUTION /7'/.2.'1 Waiving the Bid Requirements, Requesting Council Approval of the Agreements and Authorizing the Mayor to Execute Agreements with the Urban Corps of San Diego (Not to Exceed $175,000) and the Chula Vista Nature Center (Not to Exceed $50,000) for Used Oil Recycling Education Services. SUBMITTED BY: Conservation Coordinator REVIEWED BY, C;lyM=g"J4~ (4J....V.." Y~~ No-l City Council approved Resolution 17486 on April 12, 1994, authorizing the City Manager to submit an application for $270,300 to the California Integrated Waste Management Board for a Used Oil Opportunity grant. The grant application specifically identified partnerships between the City of Chula Vista, the Urban Corps of San Diego and the Chula Vista Nature Center to implement the grant services. These agencies were specifically selected because of their unique ability and history of providing environmental awareness programs and employment for local youth. On August 9, 1994 the City Council approved Resolution 17601 accepting the State of California Used Oil Opportunity Grant for $270,300 and appropriating funds therefor. This resolution implements the service agreements now needed to move forward on the project. RECOMMENDATION: Approve resolution. BOARD/COMMISSION RECOMMENDATION: The Resource Conservation Commission reviewed and recommended the Opportunity Grant for submittal (including the Urban Corps and Nature Center components and related budgets) at their April 11, 1994 meeting. DISCUSSION: The Used Oil Opportunity Grant provides funds for a regional program (Chula Vista, National City and Imperial Beach) to establish State certified used oil recycling centers and related public education. As part of their certification agreement with the State, certified centers agree to accept used motor oil from the public at least twenty hours per week of their regular operating hours. The Urban Corps of San Diego is a State chartered non-for-profit private corporation. The Urban Corps mission is to provide employment training services in the resource conservation field, for at-risk youth. The Urban Corps currently operates out of the Logan Heights neighborhood in the City of San Diego. The Urban Corps has also provided the City's office recycling program, processing and marketing services for more than three years, at no charge. &,.} Page 2, Item" Meeting Date 11/22/94 Attachment A is a recommended agreement between the City and the Urban Corps of San Diego that provides up to $175,000 in funding for the Urban Corps to implement the operational component of the used oil recycling education grant. The primary mission of the Urban Corps grant component is to recruit, train and supply thirty new certified used oil recycling centers throughout Chula Vista, Imperial Beach and National City. A secondary but important benefit of the grant is the development of new jobs and job training for at-risk youth from Chula Vista. The Corps currently provides employment training and jobs for approximately 100 youth from all over San Diego County at their City of San Diego site. Approximately ten of those youth are from Chula Vista and commute to the City each day. The grant provides funds to employ five additional youth from Chula Vista, full-time for one year The Corps' new Chula Vista satellite (temporarily located at the old Southbay Chevrolet site) will allow the Urban Corps to concentrate on recruiting and employing Chula Vista youth for the used oil grant positions and as many additional positions as they can generate from for future contracts and grants for the South Bay area. A copy of their project description and complete scope of work is included in the agreement, Attachment A. Attachment B is an agreement between the City of Chula Vista and the Chula Vista Nature Center. The agreement provides up to $50,000 for the Nature Center to incorporate used oil recycling education into visitor tours, permanent displays and the science classes that are currently provided for all Chula Vista Elementary School District third graders. The grant also provides funds for some National City and Imperial Beach elementary students to be included in the used oil recycling/science classes provided to Chula Vista students. A copy of the Nature Center's project description and complete scope of work is included in the agreement, Attachment B. Grant funding is based on a reimbursement process for tasks specifically described in the detailed scope of work. As the program progresses the assignment of tasks will be re-evaluated and only those tasks necessary to implement the spirit and intent of the grant will be authorized. Subsequently, each agency will only be reimbursed for those authorized tasks. The agreements with the Nature Center and Urban Corps provide for 10% retention of each payment, until all tasks listed in the respective agreements are completed by the contract agency. At no time does the grant require the Nature Center, Urban Corps or City staff to remove or convey used oil. FISCAL IMPACT: The total cost of the proposed agreements ($225,000) is funded through a grant of $270,300 from the California Integrated Waste Management Board and has been appropriated. The grant also provides for the purchase of additional public education materials and up to $9000 in overhead payments directly to the City for administration of the grant. mtm:c cntcts94.cas Attachments t..~ RESOLUTION NO. J7701'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS AND APPROVING AGREEMENTS WITH THE URBAN CORPS OF SAN DIEGO (NOT TO EXCEED $175,000) AND THE CHULA VISTA NATURE CENTER (NOT TO EXCEED $50,000) FOR USED OIL RECYCLING EDUCATION SERVICES, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, City Council approved Resolution 17486 on April 12, 1994, authorizing the city Manager to submit an application for $270,300 to the California Integrated Waste Management Board for a Used oil Opportunity Grant; and WHEREAS, the grant application specifically identified partnerships between the City of Chula Vista, the Urban Corps of San Diego and the Chula vista Nature Center to implement the grant services; and WHEREAS, these agencies were specifically selected because of their unique ability and history of providing environmental awareness programs and employment for local youth; and WHEREAS, on August 9, 1994, the City Council approved Resolution 17601 accepting the State of California Used oil opportunity Grant for $270,300 and appropriating funds therefor; and WHEREAS, it is necessary to approve the service agreements now needed to move forward on the project. NOW, THEREFORE, BE IT RESOLVED the city Council of the ci ty of Chula vista does hereby waive the bid requirements and approve the Agreement with the Urban Corps of San Diego (not to exceed $175,000) for used oil recycling education services, a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the Clerk in the final document). BE IT FURTHER RESOLVED that the City Council does hereby approve the agreement with the Chula vista Nature Center (not to exceed $50,000) for used oil recycling education services, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the Clerk in the final document). t..J BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreements for and on behalf of the City of Chula vist Presented by A~rO by Michael Meacham, Conservation Coordinator Bruce M. Attorney c: \rs\usedoll ~-o/ \1 Agreement between City of Chula Vista and Chula Vista Nature Center for Used Oil Recycling Education Services This agreement ("Agreement"), dated October 18, 1994 for the purposes of reference only, and effective as of the date last executed is between the City of Chula Vista ("City"), and Chula Vista Nature Center, a non-profit, public benefit corporation of the State of California, and whose place of business and telephone number is, 1000 GUl1Powder Point Drive. Chula Vista California 91910 (619) 422-8100, and is made with reference to the following facts: Recitalsl Whereas, City received a grant from the California State Integrated Waste Management Board, pursuant to an agreement ("Grant Agreement") by which City is to comply with certain terms and conditions (" Administrative ProcedureS and Requirements") for the implementation of a used oil recycling program ("Program"), a copy of which agreement and program are hereto attached as Exhibit A; and, Whereas, Consultant desires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City. Whereas, Consultant desires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 1 t. ,,> \~ ! 1. Consultant's Duties A. General Duties On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder, Consultant shall perform the following general services "General Duties": Consultant shall, in the detail outlined herein, generally provide educational services promoting used oil recycling and the City's residential recycling program to center visitors, elementary student science class participants and establish a permanent used oil recycling display, ; and, B. Scope of Work and Schedule in the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit B, entitled "Detailed Scope of Work," Items II thru 15, not inconsistent with the General Duties, and in doing so, comply with and perform the Administrative Procedures and Requirements that City js required to perform under its Grant Agreement with CIWMB, attached as Exhibit C, according to, and within the time frames set forth therein, and deliver to City such Deliverables as are identified therein within the time frames set forth therein for delivery, time being of the essence of this agreement. The General Duties and the Detailed Scope of Work and Deliverables required in the Scope of Work shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City shall in good faith, and after meeting and conferring with Consultant, reduce the compensation herein payable to Consultant. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defmed Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 2 t,-I, In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a fixed fee basis agreed to in advance in writing, but not at the rates or fees greater than Consultant recovers from its best clients. ~ . E. Standard of Care Consultant, in performing any Services under this agreement, whether Defmed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $ Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $ , combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount of $ Omissions coverage is included in the General Liability policy. , unless Errors and G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November :2, 1993 Page 3 4.-',) 1)'0 c Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2. Duties of the City A. Consultation and Cooperation City shall provide initial training to Consultant, B. Compensation On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder sufficient to fund the compensation of Consultant, upon receipt of a properly prepared billing from Consultant submitted to the City not more than quarterly consistent with the Administrative Procedures and Requirements, attached, and in amounts not greater than set forth in Detailed Scope of Work, City shall compensate Consultant for all services rendered by Consultant according to the Administrative Procedures and Requirements, in the amount set forth in the Detailed Scope of Work, subject to the requirements for a 10% retention which will be released to Consultant when same has been received by the CIWMB and Consultant has satisfactorily performed under this Agreement. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. City: Michael T. Meacham, Conservation Coordinator Consultant: Stephen Neudecker, Executive Director, Chula Vista Nature Center 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, ~993 Page 4 t~~ 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in cOMection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 6. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper maMer Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant, and all equipment and vehicles in good and operable condition, purchased with grant funds shall become the property of the City. 7. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 8. Termination of Agreement for Convenience of City 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 5 ~-? j) City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove, and all equipment and vehicles purchased with grant funds shall become City's sole and exclusive property, and shall be returned to the City in a good and operable condition. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 9. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 10. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 11. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be 2pty9.wp November 2, Standard Form Two Party Agreement (Fourth Revision) 1993 Page 6 (, "'It? solely responsible for the payment of same and shall hold the City harmless with regard thereto. 12. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 13. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 14. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 15. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 7 "'-/1 I pi> United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. C. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. E. Governing LawlVenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 8 t -'JJ. Signature Page to Agreement between City of Chula Vista and Chula Vista Nature Center for Used Oil Recycling Center Recruitment and Technical Assistance Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated. ,19_ City of Chula Vista by: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: Chula Vista Nature Center BY~~~ Step en Neudecker, Executive Director 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 9 ~-13 lib 1 " EXHIBIT A LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANTS PROGRAM REPORT BACKGROUND:Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National City (Region) comprise most of the enclosed portion of South San Diego Bay. The Region has an estimated 1,500 businesses that sell and/or generate motor oil. A significant part of the Region's total households own more than one vehicle. Many households also own recreational vehicles, boats and other motorized items that generate used oil. Approximately 350,000 gallons of the used oil generated in the Region are unaccounted for and may be disposed of illegally I . The Region has less than ten facilities that are known to accept used motor oil from the public. The improper disposal of used oil in storm drains has a particularly devastating effect on the Region. Most of the storm drains for city and county streets from downtown San Diego to the border of Mexico drain into San Diego Bay and are captured in the enclosed South Bay. That represents approximately one million residents who potentially utilize their gutters and storm drains as the only convenient means of used oil disposal. Between Chollas Creek and the Tijuana River there are at least four additional rivers and creeks that support hundreds of acres of National Wildlife Refuge and wetlands. The wetlands and bay wildlife depend on the waterways and are threatened by the used oil and other hazardous wastes they can transport. Jurisdictions' Population: The City of Chula Vista is the second most populated City in San Diego County with approximately 150,000 residents. National City has approximately 50,000 residents and Imperial Beach approximately 25,000 residents. The greater South Bay area serves as home, work and retail center to more than 1,000,000 people from the United States and Tijuana, Mexico. Existing Used Oil Collection Opportunities: There are only two businesses in the Region that have completed the certification process, neither of which promote their used oil collection programs. There are approximately six additional non-certified centers in the Region that are known to accept motor oil from the public. These centers are not well publicized and tend to be located in dense commercial areas that are not convenient for many generators. Chula Vista, Imperial Beach and National City have not had the resources to individually apply for and implement used oil grants. This Regional approach represents an important opportunity for all three cities and a significant change from past approaches. County-Wide Household Hazardous Waste Element (HHW): The Region has paid an additional per ton tipping fee to San Diego County for the HHW Round Up Program for the past several years. The County HHW Round Ups accept used oil however, Chula Vista is an under- served area. The County typically schedules an occasional roundup in National City and Imperial Beach. The County has not scheduled a roundup in Chula Vista (the largest City in the County system) in two years. The County expects Chula Vista residents to take their motor oil and other HHW to the County's HHW subcontractor which is located in a remote part of the City. The County's records indicate that the contractor receives less than 2% of Chula Vista's total HHW waste stream of which only a part is used motor oil. 2 t~/'I EXHmIT A LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANTS Public Education, Information and Promotion Program Program Description: The Chula Vista Nature Center is a state of the art facility located on hundreds of acres of wildlife refuge and wetlands on San Diego Bay. Local schools, families, and visitors from throughout San Diego County travel to Chula Vista to see and participate in the Chula Vista Nature Center facilities and activities. All third grade classes of the Chula Vista Elementary School District attend annual "inter-active" science classes at the Nature Center. This component of the grants supports staff and materials that will allow the Nature Center to integrate used oil recycling education into their teacher training, third grade education program, and guided and non-guided Nature Center/wetlands tours. The Nature Center Component will: o provide more than 30,000 students with a comprehensive understanding of the negative environmental effects of improper disposal of used oil, o instill a desire among the student participants to preserve the environment by encouraging their fellow students, families and neighbors to recycle used oil, o allow the Center to schedule teacher training and third grade nature classes for the Region's other elementary school districts (Imperial Beach! and National City), o create awareness among the Center's 80,000 annual visitors for the connection between the improper disposal of used oil and its negative effects on the environment, o provide Center visitors with referral information for proper disposal of used oil, and o make learning about used oil recycling fun and interesting! The Nature Center's third grade education program will have a positive impact on additional school used oil recycling activities. The Urban Corps and Region Intern will implement school based activities (Le. poster contests and assemblies) designed to reach the entire elementary school student body in the region during the grant period. Students who have participated in the Nature Center program will stimulate participation among the students and promote an atmosphere of children learning from other children at the school based events. Students will learn about the impacts of improper oil disposal, how to take advantage of local used oil recycling opportunities and the importance of buying recycled. All materials generated for Nature Center activities will recognize the significant contribution made by the CIWMB. This program component emphasizes a cooperative effort between the Chula Vista Nature Center, the Tijuana River National Estuarine Reserve, local school districts, and the cities of Chula Vista, Imperial Beach and National City. This innovative component places children in the middle of a wetlands habitat that is symbolic of the environment we are trying so hard to protect. The "inter- active" science classes will connect the vivid image of the fragile nature and beauty of the wetlands with the choice between recycling and improper disposal of used oil. The Nature Center used oil recycling component will establish an environmental legacy through which the State and region can take great pride. 1 Imperial Beach Students may attend a comparable program to be established at the Tijuana River National Estuarine Reserve. 8 ~.../.Y ~, ~ i ~~ ~~a: ~~~ ~~8 ~~~ ~a:~ ~~~ OOu u OOg~ ~~ ~ ... t Go) 05 E lr i=1lI: - 5 E .. .... - .. lllE; -< t: .;J :l "S ill Ill: Is - .. .. ... e lO. .. ~ 'll g 'i 'C 1i ! ~~ '" .- "O~ ~ S ... B c:: 0) u l:! El::: '" S ZtIl <<i 'C B e e .8"0 B ~ .- '" t: c. as. ~ ... '" II.) II.) - '" c:: '" II.) '" Uu lUQJ.!3: ... "0 0 E '" 0 "'....0 Zcou "OtIl .......0 OMU .... ... 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El::: '" '" z(;i -- .- '" o '" 0) 0 > ~ .~~ (1).5 c.- ::0 u o >> l5 ~ "g '" '" c. 5 ... co ] j ~ o - c:: ... 0 II.) .- - - a ~ l:!'E E'- ",- Z lJl ...8. o '" .- c:e 5 ~ -.- 1!u "0>> .- ~ Soli.) - - g.6 "g'E o .!a U"O "" - ~ '0 o"'co N ~c:: -"00 ... ~ II.) u l:!l::: ~s ZtIl .s .5 =:3 .- u ~ '" >> ~<<i <<S._ CIJ "'S. u 0 fI)._ c- ._ _ U) "0 .&j .- :;1"0 ~ c.:;:: '':: OJ 0 ~';1! ~..c: fI) B ~ ::0 c:: 0) ... __0 '" ~ >> .- '" 0 "0 co ~CJ II.) i:tll::: ~5s t:l:iUtIl ~ 1;!'E 11.)._ t:l:i 0) '8 .=: ; ~ c:: ... 0) 0 "0.-= a.~ tIl > ~ ... .9 II.) .- > .~ .- > t:l:i l!!"g '" '" :& i! I-< 0) 0)"0 .;~ ...0 u E '" e~ co- 8.~ c.... II.) 8. - E ~- ... ... a.s E ~ 8 0) co '" ti~ ::0 '8 .~ o ... Us ~l!l c.- o l!! ;:; 0 > 0':: ~z II'> - Ill: ~ lO. ~ ~ ~ 8 Ill: I ~ ~ ~ = i '" - I '" ~ II'> N - .- _ 0 .- "0 o II.) "0 '" II.) ::0 '" ... ::0 8. ~ 0 .- ... tic. "'... ... 0 II.) _ i$ QJ C'C .: g 8- c:: !'l '" ill ;:;.- ; 8. "0 8.5 ~ 8.J!! 8 '" ., c. = ~.5 Q,)CU~ E t:: 0 II.) '" '" -c::- c.o~ c:: E c. .= II.) E '0 "0 .- ~..- !ll .~ ~-=l$ S ~~ '" - c. c:: ~ 0'- "0 U "0 c:: . co '" c.c::- 0.- CIS -- '" II.) u 0 >>>c. ~ u '" ~l:!:e ~ - a:l I- - a:l - :l: >< U.J '" a- a- ... . '" ... ... .... .. : !Z ~ ~ Cl ~ Z ~ a: wO ~ !B:: .. cc i~ 0 .. ~ c ~o 0 .... :E~ III .. Gi ~::l > .... iffi '" ... .... 0 lIE ... Z Gi a: III ~ :0 ... to C Cl 0 .... .J llC < " g '" '" to .J III ... ... III .c .... ... > ~ III ... :l 0 ti 00 Gi .... .... '" 0 '" C III ... III ... u I , Q. t 1 ~-I? ;" " \" U ' . n II ..- t:'. l~ "'. I!i. , U ~~ !j . U H ~i ~. n H n n H l' U , U I' U it ,I U , 1 II J. ~ .. .. . .. . ~ . .. t . II II II II t :: t ~ R . '" >. .. " 0 - c:: .~ ~ .... .~ ~ '" c:: .~ c:: . c::,;,< .~ .. ",0 ell ~ J:> .... ell 0 c:: .~ ell - Q. ell 0 e u .~ '" .... c:: c::.~ 0 " " ell ell.... '" '" ...~ J:>_ ell '" J:>';'< '" 0 .. ........ "'~ ell.... u.~ .~ ~ > .." ell c:: "'0 Q. - '" .. ell :s .. .... .. u 0 cr: u .., .- ell I ....- ..- .... VI '" ,;,< >'''' J:>" I- ell .... .. . " >. .... _.~ ..u > 0 ell ..~ Q..... Q. .. >. J:> " ell" ....eIl .. c:: e '" ~.~ .... '" '" ell '" .~ c:: 0.... u " .. ell .. "'.... .. c:: J:> 0 U ell c:: ell .~ .... - .. ell" e .~.... I- 0 I i ,i SUPPLEMENTAL BUDGET REPORT LOCAL GOVERNMENT OPPORTUNITY GRANT NATURE CENTER COMPONENT EXffiIT B City of Chula Vista, South Bay San Diego Regional Oil Recycling Program CIWMB FUNDS PERSONNEL EXPENSES Nature Center Inst./Volt. Coord. 218 hr @ $18 p/hr $ Fringe Benefits2 @ 32.....2 % $ Temporary Expert Professional 416 Hours @ $18 p/hr $ Fringe Benefits2 @ 5.2% $ 4 000 00 1.300.00 7 500.00 400.00 TOTAL PERSONNEL SERVICES S 13.200.00 TOTAL OVERHEAD3 S -0- CONTRACTS S -0- EQUIPMENT MATERIALS & SUPPLIES Classroom & Tour Supplies & Materials S -0- S 3.500.00 OTHER COSTS Approximately 3,000 Imperial Beach and National City Students: Bus Transportation Costs Admission and Shuttle Costs @ $1.15 per student 86 Teacher Orientation Fees @ $25 per Teacher Tijuana River National Estuarine Reserve Program PermanentIPortable Interactive Display TOTAL OTHER COSTS $ 5.000.00 $ 3.500.00 $ 2.000.00 $ 2.500.00 $ 19.000.00 S 32.000.00 TOTAL NATURE CENTER COMPONENT S 48.700.00 t -Jft' ft16-J.h Administrative Procedures and Requirements Page 4 GRANT CLOSEOUT I I A. The Project Manager will close out the award when it is determined thilt all applicable administrative actions and all required work of the grant have been completed. ' I B. The Grantee must submit a Final Report, a Payment Request and .all outstanding documentation of expenses incurred that are required as a condition of the grant. Upon ~iPt of the Final Report, the Project Manager shall ensure that all work has been completed and that all unexpendf/Cl funds are refunded to the State. If appropriate, a check from the Grantee made payable to the State will be d\l'e within 60 calendar days after the grant project is closed. Following the Project Manager's approval of the Final' Report and Payment Request, the ten percent (10%) retention of the grant funds, as well as any other grar;rt funds due and owing, will be released to the Grantee. The Final Report must be submitted at least 30 ilavs Drior to the termination of the arant, C. The Grantee must retain all financial and grant program Iecords, supporting documents, statistical records, and other records of projects funded by this grant. The Cal}fomia Integrated Waste Management Board must have access to all related records during progress of the p"ject and for at least three (3) years after termination of the grant. I I . AUDIT REQUIREMENTS / / This grant is subject to a desk or field audit. The Gr,8ntee is responsible for maintaining source documents substantiating the expenditures claimed and must n1ake them available at the time of an audit. Records relating to the implemented program include: expenditure ledge1~yroll register entries, time sheets, paid warrants, contracts, change orders, invoices, and cancelled checks. I1'lcords must be maintained for a period of three years from the date of termination of the grant agreement. / / I / ~".:J./ SUIte of c.llfornla c.llfomla Integrated W.ate Managemant Board ATTACHMENT C LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT PaymentRequestFonn I 11. Applicant \2. COntract Number UOOG. . 5. PAYMENT INFORMATION a. Type of Payment (check box): D REIMBURSEMENT D ADVANCE D FINAL b. Total Grant Amount S c. Less 10% Retention (paid upon completion of contract! S d. Grant Funds Available After 10% Retention lb. minus c.l S e. Funds Received to Date S f. Available FundS (d. minus e.l S g. Amount of TIlls ReQUest S h. Remaining FundS After This Payment If. minus g.l S 4. THIS SECTION TO BE COMPLETED BY tlWMB STAFF t"~~;.~_:;:':'l;;'::.i;:;;.;;i;'l;:;:::;;;i.!:;;;:l;iM:tt;it(;}I;ii;!~1;;.;ji I S. SEND PAY WARRANT TO ...~;,...:-,;. ,', .. . 11 Ageney Name I5Ime IS Applicant Namel: street Address: CltVlStltelZlp COde: Attention: ..-,...cAJJClW: ,,.,,,., tIIK t1ItIlIIJCMt SIgnature Of PerSOn AutIlOrlZecl by ResolUtIon: Ir/fomJItIOfI IS ccmICt ifill tIIK .. f&lIiCfS ~ ra.w DlllIn 01''' lie GIIfII)tI8d In _1Ml1ce twtrtI t1ItI."",rwetlMllNlMflt NIITlI .. TItle (OIpe 01' pIfnO: Date: for CIIi'OmIa ..tlo"o.-*"- ~tllOMl grwatlWldlng. S& INSTRUCTIONS ON IU!lIERSE ~'.lJ ~.., c..- ~.. T..",. .nd Conditions PUIllOSe. The pUrpose of this agreement Is to eltablish the telTnl Ind conditiona of the LocII Govemment lJIed Oil Opportunity Gl'lnt. Definitions. In interpreting this Igreement. the following telTnl will hive the munlngsgiven to them below, unlul the context cleIrly Indicates otherwise. A. "BOIrcI" will mun the CllIfornil tntlgl'lted WIm Mlnagement Board. B. "Executive Director" will mun the Executive DiI'Ictor of the Clllfomil Integl'lted Wate Manlgement BOIrd. or hillher designee. -, C. "State" will mun the State of Clllfomil, including but not Hmlted to, the Clllfomillntegrated Wale Manlgement Board and/or its dellgnated ofIlcer. D. "Gl'lntee" will mean the I'ICiplent of fundi pursuant to this Agreement. E. "Program Manager" will mean the Board ItBff person l'llponllble for monitoring the grant. 6l!l!iL. The Grantee Igl'III that the BOIrd. the State Controller's Office Ind the State Auditor Genel'll's Office, or their designated I'Iprnentatives. will hive In lbIolute right of lCOIII to III of the Gl'lntee's records pertaining to the agreement to conduct I'Iviewl Ind/or ludits. GI'Intee's I'ICOrds pertaining to the Igreement, or any part thereof requested, will be made IVlilable to the de~ignlted luditor(s) upon request for the indicated reviews and/or ludita. Such records will be l'Ilained for at IIast three (3) y..rs after expiration of the agreement, or until completion of the action Ind resolution of "'Issues which may lrisa IS I result of Iny litigation. claim. negotiltion or ludit, Whichever Is 18ter. If In audit reveals the State funds Ire not being expended, or hive not been expended In eccordlnce with the agreement. the Gl'lntee may be requil'ld to forfeit the unexpended portion of the fundllndlor I'IP1Y the State for Iny improperly expended monies. DNa-Free Workolace Certification. The Gl'lntee, by lignlng this agl'llment, certifies compliance with Govemment Code Section 8355 In rnattars I'Ilatlng to providing a drug-fI'Ia workplace. The Gl'lntee will: A. Publish I statement notifying employ_ thet unlawful manufacture, distribution, 'dispensation, poaMuion, or usa of I controlled substance is prohlblted and specifying lClions to be taken agllnst employees for violations, II requil'ld by Govemment Code Saction 8355(1). B. Establish I Drug-Free AWll'ln... Program II raquil'ld by Govemment Code Saction 8355(b), to Inform employ.. lbout In of the following: (I) the daIIllIrs of drug abuse In the workplace, (b) the Gl'lntee's policy of maintaining I drug-fI'Ia workplace, (e) Iny avelllbla counslling, l'Ih1b111tat1on and employ.. llllatanca progl'lrns, and (d) panaltias that may be Imposed upon employees for drug Ibusa violations. C. Provide II raqull'lc:l by Govemmant Code helloh 8355(e), that every employ.. who works on the propoMCI SlI'I"t (I) wiIIl'lCllva I copy of the company's drug-fI'Ia policy .~rnant, and (b) will agree to IbIcIa by the tarmI of the companyl .~ II I colldltlon of ampIoyrnant on the Dl'lnl The parson signing this gI'Int on behalf of the Gl'lnIII _rs that halshe Is authorized to IagIIIy bind the GrantII to this ~lion and rnakas this OIrt1f1c1tion under penalty of perjury under thelawa of the State of CIUfornil. 1 "",,<'/ "t" Stoo Work Notice. 11'IlIlIId1ale1y. upon ~Ipt Of I wnbh notice 10 atop WOltt, the GranlH will cease In well< under the agreement DisDUles. If for Iny--.on the Oranl1le Ind the Executive Dnctor cannot ...eII mutualagreemen!, the GranlH may rafer the dispute 10 the Board for final rIIOluIion. RelMdles. Un... otherwlle ,,"sly prlWldId hIrwln. the rlglltllnd ramediM hlreunder Ire in Iddition to. Ind not In Hmilllion Of. other rlglltllnd ramediM under the agreament. III1w or In equity, Ind exercise of one right or ramedy will not III dllmed I walYlr Of any othIr right or NmIdy. s.verabllllv. If Iny provIIIons of thisagreamentlrl found 10 III unlawful or unenforcNble. lUeII PIOYilions will III voided Ind Hverad from thisagreament wtIhout ~'" Iny othIr prov\IIon of the agreament. To the fulllXten!, however, thII the proviIIl:lns of IUcII appIicabllllw mey III walYld. thIy Ira hereby waivld, 10 the end thllthe Igreamenllll delmld 10 III I valid Incl blueing agrlllTllnl enforcIIble In eccordInce with ita am.. ~ Force Maleure. Neither the StIle nor the Grantee. including the Grantee'. OOhll~'), If Iny, will be rllponsible hereunder for Iny deilY, default or nonpelfonnallCl of thilagrlllTllnt, 10 the extent thltsuch deily, default or nonperformance II ceUlld by In ICI of God, WIIIhIr. 1CCident, labor llrike, fire. explosion. riot. Wlr, rebellion, llboIage, or tIood, or Iny other CIUIIllIyoncl the IUIOIIIbII control of IUch party Controllina Law. All qunlions conceming the vllidlty Incl operation of the agreement Ind the performance of the obligltions impend upon the parliel hIrIunder will come within the jurildiction of Ind be govemld by tile IIwI of the SlIte of California. Eauiomenl and SUDoIles. Subject 10 the obIigllionllncl conditions III forth In thisllClion. IiIIe 10 equipment Ind .upplles Icquired under I ;rani will veil upon Icquisltion In the Grantee, provided thII the Grant" uns the equipment Ind .upplles for the purpo... Of used 011 collection for I period of IIl11st four (4) years from the effective dlte of this grantagrlllTllnt. If the GranlH doll not UII the equipment or IUpplies for the pufpoH of ulld oil coIlec1ion, the Board .....rves the rightta hive the equipment or .upplies returned 10 the Board. ComDliance. The GranlH .h111 comply fully with III applicable federal, IIIte Incllocllllwl, ordinlnces, regulations Ind permlll. The Grantee nil MCUrI any new permIII required by luthorIIies having jurildiction ovar the project. Incl .hall maintain III praHnlly required permIII. The Grantee .hall ensura thltthe requlremenll Of the California Envlronmenlll QUlliIy Ac:I .... mil for Iny permill or other Inllllemenll required 10 carry out the 1Irm1 of thiI ",reament. Hold Harmless. A. GranI1Ie ISlrlllIo WIlYIIII c11lrna Incl rICOUI'II against the StIle Including the right 10 conlrlbuliOn for l01I or damage 10 JlIISOIls or property lrillng from, growtng out Of or in Iny way COIlIlICIId with or Incldentlo thiI ",reament. B. Grantee ISlrlllIo 1ndImo"llfy, hold hamll.1I end defend StIlI, III oIIlcers. ""nil Ind empIcr, II. against any Incllll cIIlmI demlnclI. dlmagn, ClOIII, ... .... or liability COllI eriIlng out of the ICIIvIIieI undIrtIkIn purlUlnllo thiI grant ",reament. 3 ~ ',2..5 IT APPROVED BY TliE N - ATTORNEY~L "'11 ~. 'f ~ ") /:'ff:) o "', - .1 ~'t4. ::r..,,~~ TAX' A~FEllEAAl.EIM'LO'l:IDE"'IFN:AT,,,,".UlllEA iltEEMENT. mlde and cn~ to this -- dlyof -mlr . I~ ..A)-.I, , q I ite of CoIifomil. by and betw Slate of CoIifomil. throuah iu duly elected or appointed. qUllified and actina ~TRACT NUMBER ....NO. 'FICER ACTING FOR STATE ?cutlve Director 0R't HAllE Y of Chula Vista . hereafter ~led tlte ConlrlClOr. ,SETH: Thlt lite Conlr_ for and in considerltion of lite covenanu. conditions. qrecmcnu. and stipulllions of tlte Slate hereinlfter e.pressed. :by Igree to fumioh to lite Slate servicea and materiols u follows: (S61 forrh s6TVi.. 10 b6 I'6r1Ml'6d by Co"ua<:lor, /JIrIDWIl 10 b6 paid Cortlr""/or, ,.1'j01'1Ptlllll:. 0' comp~ iJIIIJ iUltKlI "i41u AM Sl'ecuU:i:UURIS. ,( any. J _NCV California Integraled Waste Management Board . hereafter coiled tlte Sute. and -"'7# . ~. ;/'''-.-7"". ~......... Contractor agrees to unoertake and complet~ all necessary tasks to Implement a useo oil Opportunity Grant Program a\ authorized by Public Resources Code S48632<a) and as described In the grantee's Local Government Used Oil Opportunity Grant application. The State will withhold payment equal to 10% of each invoice until completion of all work and other requirements to the satisfaction oi the Slate in accordance with this contract. The term of the agreement will be 24 months, commencing+mrt, t994 and terminating on June 3D, 1996. ..I.nc. W, @-, ~ :clNTINUED ON SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on lite ,",verse side hereof constitute I pan of t1Us agreemenL IN WITNESS WHEREOF, t1Us "areement hu been executed by tlte panies hereto. upon lite dlte rlTs' lbove written. STATE OF CALIFORNIA CONTRACTOR AGENCV California Inte rated Waste Mana ement Board IV, C>; CC>NTRACTQfIl ("0lIl<<""" atll/wlitl.lMl, .t_.,..",.,.~,IOl't.~, ~,) Ci of Chula Vista o.;cArEl~.x_ I'A ANO Tm.E OF "ERION IIQNHG · TCHt>J ,). .;:,' ~ ~ J [.Ty ,..1...... " ACORESS" '1/ I!.. I .01 .1), . 71/1 I/~'~~ '.1",/1.'", rf, It,. .,1 0- I FUND TI1\.& De,."",.", 01 a.".,., S.I'V/C" Co Used Oil Re e1in nd U.. Only r. ~O\JNT EfCUMHAEO IY .,.. ..JCUMfNT $ ...:s270..100.00__. ._ ",IQA .wourr.l ii:NCUUHREO FOR TNII CONTRACT $ I'llOllAAloIICATE_v ICOOE AND TITLEl tOPTIONAL USi) lOTAL AMOUNT ENCUMIEREO TO GATE ITEM CIolAPTEFI: 391 ().602.100 817 OLlEeT OF ElCl'ENCITUIIE ICOOE ANO TlTl.E) IITATUTE 1991 I FISCAL YEAR , 1993/94 I T..... NO. I I.R.NO. ~'TE " -,;.-f-fV t,~~ o OEPT. OF GEN. IER. o CON'"!OLLEA o Agreement between City of Chula Vista and Urban Corps of San Diego for Used Oil Recycling Center Recruitment and Technical Assistance Services This agreement ("Agreement"), dated October 18, 1994 for the purposes of reference only, and effective as of the date last executed is between the City of Chula Vista ("City"), and Urban Corps of San Diego, a non-profit, public benefit corporation of the State of California, and whose place of business and telephone number is, 1864 National Avenue. San Dieio California 92113 Telt:l)hone Number (619) 235-0137 ("Consultant"), and is made with reference to the following facts: Recitals I Whereas, City received a grant from the California State Integrated Waste Management Board, pursuant to an agreement ("Grant Agreement") by which City is to comply with certain terms and conditions ("Administrative Procedures and Requirements") for the implementation of a used oil recycling program ("Program"), a copy of which agreement and program are hereto attached as Exhibit A; and, Whereas, Consultant desires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City. Whereas, Consultant desires to assist the City in the implementation of the Program and is willing to abide by all the Terms and Conditions required of the City by the Grant Agreement; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 1 &,,,27 1/ '. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties -. -. A. General Duties On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder, Consultant shall perform the following general services "General Duties": Consultant shall, in the detail outlined herein, generally provide recruitment services designed to recruit businesses to apply for and receive certification as Used Oil Recycling Centers from the California Integrated Waste Management Board (CIWMB) by which said certified businesses will thereafter offer to the general public used oil recycling services, and to render technical assistance both to the certified businesses and to the City or City's designated recipients, , and, B. Scope of Work and Schedule in the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit B, entitled "Detailed Scope of Work," Items , not inconsistent with the General Duties, and in doing so, comply with and perform the Administrative Procedures and Requirements that City is required to perform under its Grant Agreement with CIWMB, attached as Exhibit C, according to, and within the time frames set forth therein, and deliver to City such Deliverables as are identified therein within the time frames set forth therein for delivery, time being of the essence of this agreement. The General Duties and the Detailed Scope of Work and Deliverables required in the Scope of Work shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City shall in good faith, and after meeting and conferring with Consultant, reduce the compensation herein payable to Consultant. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2. 1993 Page 2 ~ -,;<~ D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services (" Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a fIXed fee basis agreed to in advance in writing, but not at the rates or fees greater than Consultant recovers from its best clients. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform iIr a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub-consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount of $1.000.000. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $1.000 000, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount of $ Nt A . unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 3 /, '.21 1/ , Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2. Duties of the City A. Consultation and Cooperation City shall provide initial training to Consultant, B. Compensation On the condition that City and CWIMB remain in a valid contractual Grant Agreement by which CWIMB is paying City grant monies thereunder sufficient to fund the compensation of Consultant, upon receipt of a properly prepared billing from Consultant submitted to the City not more than quarterly consistent with the Administrative Procedures and Requirements, attached, and in amounts not greater than set forth in Detailed Scope of Work, City shall compensate Consultant for all services rendered by Consultant according to the Administrative Procedures and Requirements, in the amount set forth in the Detailed Scope of Work, subject to the requirements for a 10% retention which will be released to Consultant when same has been received by the CIWMB and Consultant has satisfactorily performed under this Agreement. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number 270-2710-5298 to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 4 t-.J(;? City: Michael T. Meacham, Conservation Coordinator Consultant: Sam Duran, Executive Director, Urban CQrps of San Diego 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proce.ed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 6. Termination of Agreement for Cause , If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant, and all equipment and vehicles in good and operable condition, purchased with grant funds shall become the property of the City. 7. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 5 &,..:1 / I ') it? (J 8. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying'the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove, and all equipment and vehicles purchased with grant funds shall become City's sole and exclusive property, and shall be returned to the City in a good and operable condition. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. ., 9. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 10. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 11. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 6i t, ~3.2. state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 12. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City .unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 13. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 14. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 15. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2. 1993 Page 7 ~-:J:J '/,'t' / be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. C. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. D. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. E. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 8 ,-J1 Signature Page to Agreement between City of Chula Vista and Urban Corps of San Diego for Used Oil Recycling Center Recruitment and Technical Assistance Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: X/r> j ) ,19.24-- , ~ City of Chula Vista by: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: u'bm~if:o . ) Sam Duran, Executive Director 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2. 1993 Page 9 ~ . 3.5 I"': I1L Exhibit List to Agreement Exhibit A. Used oil recycling program ("Program") Exhibit B: "Detailed Scope of Work for Urban Corps of San Diego" Exhibit C; Administrative Procedures and Requirements 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 10 t,-J" Exhihit A Program Description, Certified Used Oil Centers: Chula Vista, Imperial Beach and National City (Region) will identify and contact at least 300 qualified used oil recycling center prospects by mail. The initial mailing will provide basic information on the requirements and benefits of being a certified used oil recycling center. Prospective used oil recycling centers will be asked to return a self addressed mail card expressing interest. LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANTS Certified Used Oil Reqcling Center Program With the assistance of the San Diego Urban Corps the Region will encourage businesses to certify by: o offering technical assistance to complete a certification application, o providing free used oil rec)'cling containers for distribution to their customers, o referring customers to certified centers through the recycling information telephone line, o referring customers to certified centers through point of purchase information, and o referring customers to certified centers through newspaper advertisements, Businesses will be reminded that oil recycling will bring potential customers to their stores, and that automotive oil changing facilities can benefit from the sixteen cent per gallon incentive fee that would apply to oil generated from their vehicle service bays if they certify as a used oil rec)'cling center. The Project Manager will train Corps members to contact and work with used oil centers, An Urban Corp representative will visit prospective used oil collection centers that express interest in the program, The Urban Corps representative will provide the owner/manager with an overview of the program and assist them with the completion of a Certified Used Oil Collection Center Application. The Urban Corps will provide qualified centers (those receiving CIWMB certification) and the store owner/manager with a storefront sign, rosters, a counter display, used oil recycling containers and the on-site training necessary to insure a successful program. The sign will recognize the store's participation and list the days and hours that used oil is accepted. The manager/owner ....'ill receive rosters that encourage used oil recyclers to register for prizes. Used oil recyclers wilt be randomly selected from the roster (by the Region) for cash and gift certificates. The store o....ner/manager will receive a counter display promoting used oil rec)'c1ing, The counter display will encourage participants to donate their change (including 4 cents per quart incenth'e fee) to the Urban Corps and the Nature Center for programs that promote used oil recycling, Certified centers will also receive free reusable used oil collection containers to distribute to the public at no cost. The containers will prominently display the California Integrated Waste Management Board's logo and recognize their support of the program. The Urban Corps will service the rosters, counter displays and replenish, clean and/or dispose of the used oil recycling containers as necessary. A primary goal of this component will be to work with the California Integrated Waste Management Board (ClWMB) staff to certify a minimum of twelve (12) and as many as thirty (30) strategically located used oil centers throughout the Region. Every effort will be made to assure that the centers are sufficient in quantity and geographic distribution to assure that every resident of the region has a convenient opportunity to participate in the program. Providing every household with a convenient recycling opportunity is the first step in eliminating improper disposal and eliminating used -:lil as a threat to the Region's \ 'aterwa)'s and wildlife habitat. &>-J'1 V/ LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANTS PROGRAM REPORT Exhibit A BACKGROUl\1]) Local Used Oil Disposal Problems: The Cities of Chula Vista, Imperial Beach and National City (Region) comprise most of the enclosed portion of South San Diego Bay. The Region has an estimated 1,500 businesses that sell andlor generate motor oil. A significant part of the Region's total households own more than one vehicle. Many households also own recreational vehicles, boats and other motorized items that generate used oil. Approximately 350,000 gallons of the used oil generated in the Region are unaccounted for and may be disposed of illegally!. The Region has less than ten facilities that are known to accept used motor oil from the public. The improper disposal of used oil in storm drains has a particularly devastating effect on the Region. Most of the storm drains for city and county streets from downtown San Diego to the border of Mexico drain into San Diego Bay and are captured in the enclosed South Bay. That represents approximately one million residents who potentially utilize their gutters and storm drains as the only convenient means of used oil disposal. Between Chollas Creek and the Tijuana River there are at least four additional rivers and creeks that support hundreds of acres of National Wildlife Refuge and wetlands. The wetlands and bay wildlife depend on the waterways and are threatened by the used oil and other hazardous wastes they can transport. Jurisdictions' Population: The City of Chula Vista is the second most populated City in San Diego County with approximately 150,000 residents. National City has approximately 50,000 residents and Imperial Beach approximately 25,000 residents. The greater South Bay area serves as home, work and retail center to more than 1,000,000 people from the United States and Tijuana, Mexico. Existing Used Oil Collection Opportunities: There are only two businesses in the Region that have completed the certification process, neither of whichJ'romote their used oil collection programs. There are approximately six additional non-certified centers in the Region that are known to accept motor oil from the public. These centers are not well publicized and tend to be located in dense commercial areas that are not convenient for many generators. Chula Vista, Imperial Beach and National City have not had the resources to individually apply for and implement used oil grants. This Regional approach represents an important opportunity for all three cities and a significant change from past approaches. County-Wide Household Hazardous Waste Element (HHW): The Region has paid an additional per ton tipping fee to San Diego County for the HHW Round Up Program for the past several years. The County HHW Round Ups accept used oil however, Chula Vista is an under-served area. The County typically schedules an occasional roundup in National City and Imperial Beach. The County has not scheduled a roundup in Chula Vista (the largest City in the County system) in two years. The County expects Chula Vista residents to take their motor oil and other HHW to the County's HHW subcontractor which is located in a remote part of the City. The County's records indicate that the contractor receives less than 2% of Chula Vista's total HHW waste stream of which only a part is used motor oil. &,-.J~ Exhibit A Certified Used Oil Center Program continued. . . This component has the potential to reach the 225,000 local residents and many of the 1,000,000 people from Tijuana and the surrounding area that buy oil in the Region. This component is designed to increase awareness of used oil recycling opportunities and reduce the incidence of improper disposal. It will provide the first link in a used oil collection system to an area which has been under-served in both co\1ection and education opportunities. This program component emphasizes a cooperative effort between the Cities ofChula Vista, Imperial Beach and National City, and the Urban Corps of San Diego. The agencies wi\1 work together and utilize their considerable resources to develop and implement a program through which the Region and State will take great pride. ~':J7 , , U,J , LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANTS Public Education, Information and Promotion Program Part II Exhibit A Program Description: The Chula Vista Nature Center is a state of the art facility located on hundreds of acres of wildlife refuge and wetlands on San Diego Bay. Local schools, families, and visitors from throughout San Diego County travel to Chula Vista to see and participate in the Chula Vista Nature Center facilities and activities. All third grade classes of the Chula Vista Elementary School District attend annual "inter-active" science classes at the Nature Center. This component of the grants supports staff and materials that will allow the Nature Center to integrate used oil recycling education into their teacher training, third grade education program, and guided and non-guided Nature Center/wetlands tours. The Nature Center Component will: o provide more than 30,000 students with a comprehensive understanding of the negative environmental effects of improper disposal of used oil, o instill a desire among the student participants to preserve the environment by encouraging their fellow students, families and neighbors to recycle used oil, o allow the Center to schedule teacher training and third grade nature classes for the Region's other elementary school districts (Imperial Beach' and National City), o create awareness among the Center's 80,000 annual visitors for the connection between the improper disposal of used oil and its negative effects on the environment, o provide Center visitors with referral information for proper disposal of used oil, and o make learning about used oil recycling fun and interesting! The Nature Center's third grade education program will have a positive impact on additional school used oil recycling activities. The Urban Corps and Region Intern will implement school based activities (i.e. poster contests and assemblies at all elementary schools) designed to reach the entire elementary school student body in the region during the grant period. Students who have participated in the Nature Center program will stimulate participation among the students and promote an atmosphere of children learning from other children at the school based events. Students will learn about the impacts of improper oil disposal, how to take advantage of local used oil recycling opportunities and the importance of buying recyeled. All materials generated for Nature Center activities will recognize the significant contribution made by the CIWMB. This progranl component emphasizes a cooperative effort between-the Chula Vista Nature Center, the Tijuana River National Estuarine Reserve, local school districts, and the cities of Chula Vista, Imperial Beach and National City. This innovative component places children in the middle of a wetlands habitat that is symbolic of the environment we are trying so hard to protect. The "inter-active" science classes will connect the vivid image of the fragile nature and beauty of the wetlands with the choice between recycling and improper disposal of used oil. The Nature Center used oil recycling component will establish an environmental legacy through which the State and region can take great pride. I Imperial Beach Students may attend a comparable program to be established at the Tijuana River National Estuarine Reserve. /, - 'II? LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANTS OPERATION PLAN Exhibit A The rec)'cling/diversion of used oil will be achieved through a comprehensive system that refers oil generators to conveniently located and "state certified" drop-off centers. The availability of state certified centers will be promoted through an extensive public education and information program. The Region will target businesses for certification which already meet local and state requirements for used oil storage. The Urban Corps' on-site interviews of potential centers will include a visual inspection of storage facilities and review of permits for proper used oil storage. Qualified businesses will be encouraged to establish a schedule of days and hours for accepting used oil (potentially their full hours of operation). Posting the days and hours of operation on the store front sign provided will be a requirement of participation in the Region's assistance program. Businesses will not be encouraged to apply for certification if they cannot meet the state minimum requirements for hours of used oil collection. Certified centers will be encouraged to contact the local used oil referral number(s) when they have temporarily reached their storage capacity maximum or if they wish to drop from the program. ~"7'/ ... (' LOCAL GOVERo"1:\IENT OPPORTUNITY GRANT URBAN CORPS CO!\lPOl'lENT BUDGET Exhibit B City ofChula Vista, South Bay San Diego Regional Oil Recycling Program CIWMB FUNDS PERSONNEL EXPENSES Recycling Manager $35,000 @ 33% Corps Supervisor $20,400 @ 100% Education Coord. $20,400 @ 5% Vehicle Mechanic $10,000 @20% Sub Total Salaries and Wages Sub Fringe Benefits @22.75 % $ 11.500 00 $ 20.400 00 $ 1.500.00 $ 2 000.00 S 35.400.00 S 8.800.00 Corps Members (4) 6656 hrs @ $5.00 p/hr. Administrati\'e Ass!. 1 @ 1664 @ $6.00 p/hr. Sub Total Salaries and Wages Sub Fringe Benefits @ 22.43% $ 33 300.00 $ 10 000.00 S 43.300.00 $ 9.700.00 TOTAL PERSONl'IEL EXPENSES $ 78.700.00 TOTAL FRll'IGE BEi'\EFITS S 18500.00 TOTAL PERSONNEL SERVICES S 97.200.00 TOTAL OVERHEAD -0- CONTRACTS -o- w EQUIPMENT) Used Vehicles (2) Computer (with software) TOTAL EQUIPMENT $ 20.000.00 $ ~ 000.00 S 25.000.00 MATERIALS & SUPPLIES Uniforms Vehicle Maintenance TOTAL MATERIALS & SUPPLIES $ 3.000.00 5.000.00 $ 8.000.00 OTHER COSTS Vehicle Insurance Vehicle Fuels Vehicle Registration Used Oil Referral Telephone Line TOTAL OTHER COSTS $ 3 000.00 $ 5 000.00 $ 1.000 00 $ 1.500 00 $ 10.500.00 CONSERVATION CORPS COI\!PONENT $140.700.00 . Eqllipmcrll Iftt,llll be,~ 10 the City in COfldilion comp"rable to oriltlinal inVCSIr"~lllalc It tbe et>d ofthr I"nl cycle l.lfllcs5 the lhbIn COfll' Conli_ IfI pn:....idc tcchniuluaill&fttc '1:1 cmiliecl (enu:n for two full MklitionaJ)'UfS t -~..( i ~ ~ ~ ~ o ~t 00 ~= ~o o~ ~~ 8~ ~~ == ~ o ~ :;! u S !! 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A/ 4' .:;.>>"." .~~ ';:." ., , '~" .~. . .. -$' + ..~.'~ ~. .' ~" ,'. , ADMINISTRA TIVEPROCepURE$ AND REQUlREMENTS .~. .~ _$;..*4- . ..v ., '}" ,. ...~. 1.0CAL GOVERNMENT USED OIL OPPORTUNITY GRANTS . t :v. .", <'1' h.' ,~/. ,. {f: .:;:' .~ * ., .~. .~. .* .::/ "" .~. '~. ,~ ' .::;:. .# .;. ,'4" '" .~. '>.' $/ ~~- ~;r.:~. ';i,. :t . . ~. _~".i;. "~' -'::s. '-;:" .~...t ~~ .,?- ..::-- .,.., .>>.>> ...~.:.. -.::. ., _," '~t~: .~. ;t- '~":-' t '~::t~\ .~... -{. '~~::--t .*. .~. ~~. .( .fo-.;.. . ,~* .-:-... -i-' :: ~f.:-~ ~~,q, ,~. ~.~: - .~~. -'* - ., -:-';-.1. t...... ~ o::'.;y- .:.<<.' ,,:;.. - ~ '0 -{" ~_:-., "~~~ ,.., r,. ~,"~~ ~ r-'" '"':: "'" '* '~1.. ''f;" -,$W.(rt,,4$ '~'~" ~. \ ~f{:. ,::.."*':::.. ~ ~;.:m'~4. .;h %~ ~....~ ~1"":,. ,~~~ ~ ''t....,.; "" .,. .ff...., .. ,,, "'" . ::&"F~ "'. /. ".' "3:s>>. io' ,,'.- .;: 't, ,'~;_.,:..-t$'~ .J.,. -,' ~*..::::~t- ~'. - ~.~ '':"'~ . ~ -:-, y '" ,"(."J[' '":>".. ;:::. -1- .$*-' .;:. .\:::: .~" ../.;. "'f ;~,:'A\;>v ',>:':',"'1(,:,. . "~t :\1;". '~ilf~1i\te9rate~W.~.M.njjj.meil~J3~i1:I Markets, .rt....rch&T.ctlnologyOM.loii Grants & Research Branch fUsed 011 Grants '.. . '''Oll eal center Orlve '. ,i~l'i.~nto,.qA.t$82' ~... ~::-. ,~) ,~. .t. . .t'w ....... ~.~ . .' . '. .,. ..,"., ., .J....'....;;...'..894 '. '.:'.~. . .......... ~~% ..;.... .-}~' @~. . 1f ....... -' .~ - ."~ ,~. "'. -.:"- .;-~ --:::' . }.' .~. '.0: .::-.. ~., .., ., :.;... .,. ~r t ". .~ '0::' 1- -::-- 4' w LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT PROGRAM Administrative Procedures and Requirements INTRODUCTION These Administrative Procedures and Requirements for the Local Government Used 011 Opportunity Grant Program (Opportunity Grant) set forth the policies and procedures for administering the Opportunity Grant award made through the Califomia Integrated Waste Management Board's (CIWMB) Used Oil Grant Program. This document, which is incorporated by reference into the grant agreement, describes the administrative reporting requirements, instructions for obtaining payment of the grant, and fiscal control procedures to be followed in implementing CIWMB funded used oil grant programs. Direct any questions regarding this document or the grant agreement to Patricia McDermott at (916) 255.2586 or Chris Allen at (916) 255.2136. REQUIRED REPORTS A. QUARTERLY PROGRESS REPORTS The Grantee must submit Quarterly Progress Reports to the Project Manager based upon the following schedule: QUARTER July - September October - December January - March April - June REPORT DUE October 30 JanLjary 30 April 30 July 30 Grantees must submit Quarterly Progress Reports until the grant project is completed. Grantees should use a format similar to the sample found in Attachment A of this document. Each Quarterly Progress Report shall include the following information: 1. Address each task in the 'Work Statement" as set forth in the contract giving a detailed description of work that has been completed. This description should also discuss any problems encountered or proposed changes to the project. Indicate what products or results have been achieved. 2. A discussion of whether the work has been completed according to the "Program Timeline" as set forth in the Grantee's application. This discussion should explain departures from the original schedule. 3. A brief discussion of anticipated accomplishments in the upcoming quarter B. FINAL REPORTS Receipt and approval of the Final Report by the Project Manager is mandatory for the Grantee to receive final payment of the grant award. This report is a work product and as such a condition of the grant agreement. This reDort must be received bv the Prolect Manaaer bv Mav 30. 1996. so that final Davment can be made before the arant tannlnates on June 30. 1996. The Final Report must be prepared in the format specified below: 1. Table of Contents; 2. A summary of the objectives of the entire grant project and how these objectives were accomplished; 3. Any findings, conclusions, or recommendations for follow-up o~ ongoing activities that might result from sUCCbssful completion of the program; ~ -..y'~ EXHIBIT C 1:. .~.%. 'STAtE :O'F .tQ,a:.l",o1t'N1A. " ',' ~~.. "*~ .f -t.-H' $.".~ '~~'"'' .~. .i;: ';'" .~~ .%::;~: ~.~;:;..;.~*- .~ ,.:;: ..' .~ 1 .+ ,-f. --:: ..~~1' "~" :i:', '* ~:. ~' .~: .~. --:0"' .~: '\.~' ,,;i~ + ~, ,~t:4... ,,::" ~~ :::' -.::~. ?-" ...w,J.::-- .:::' ,y. .~. .. 'v. . ...!: ,." + i'- "~' .0;,' '~" + $-'" 'l. ADMINISTRATIVE. 'PROCJ:O\JRasAtfl)R~QU1REMENTS . . 'l .~. ,,. "~' -f.. 't- l;OCAL ~OvERNMENt USEOOILOPPOR'tUNITY GRANTS I :i ,~.+ ,~ + .~'~. ">1" ..;.,: '%. w 4~~~''} >, ".$.' "~' '~., .~, "~' 1:. .~ It 'r %.. ~ ~''::' + .%'.<<~. ~..t. .~. ',. +..e.. .\,.. . "" " ..~.,...~ ~f. '@v .it, ,~, ~1/~~~... ~"'~$d" ,"'f,. .~ .~;. t~ ,. '.t: "=:-"~1" .{:-. .i~'~. .~ .~.~.~. .:,. -"1 ,~ .f.' l' '-::' 'b. I .,.# .,.' -::: '-$I' + "'''''111;[.., H1~<'~>"" ..' ~...l'..p.... -$:: . .:.~1Y~.i#' .' * ,,?, .j" ~~...' ',:". t~ . ~;;"., ,f' .~, . . . ....~A' .",,' . &;.,~., '{. .;:. .~: .,. + '.~. :@.{~:.~'~"\.;;. i. '{" ':Y ,~ ^ "''''4 ""I: ~_~:-& .~..;{?',. "'t "'" .:{.:~ .... .' ~.:'., .', '~" . ~ .~:~. .~' T . "#'h~' . ~''::' '.~, '.~.. .. -', 'ik'% ~. .~,. ~. +~. .:;, .t. )~ + .:~;. "~' '-16 ..'., ,::;:. ~t'f',~ o..::~. ,.. /'-"r t) .- / Administrative Procedures and Requirements Page 2 4. As a result of this grant project, Indicate how many gallons of used oil were collected or how many citizens were reached, whichever is applicable; 5. A statement of future intent of the Grantee to maintain or further develop the program; 6. A Payment Request Form requesting final payment of any remaining grant funds as well as the ten percent (10%) retention, and required supporting documents (see Instructions for Submittal of Payment Requests); and 7. A list of contractors and subcontractors funded in whole or in part by the Grantee. Include the name, address, concise statement of work done, time period in which work was done, and cost of each. fAILURE TO COMPLY Failure to comply with the reporting requirements specified above may result in termination of this agreement or suspension of any or all outstanding Payment Requests until such time as the Grantee has satisfactorily completed the reporting provisions. PUBLICITY AND ACKNOWLEDGEMENT A. The purpose of this grant is to ensure the widest possible collection of used oil. Therefore, public education or promotional materials must not advertise one privately operated used oil collection center to the exclusion of others. Such materials will attempt to promote all certified used oil collection centers within the Grantee's jurisdiction to the maximum extent possible. B. The Grantee shall submit to the Project Manager copies of draft public education or advertising materials. These materials are subiect to the review and aooroval of the Proiect Manaaer orior to oublication or distribution. Grantee must also provide 2 copies of all final publiC education, advertising or promotional materials to the Project Manager I C. The Grantee agrees to acknoWledge the Califomia Integrated Waste Management Board's support whenever projects funded by this agreement (in whole or in part) are publicized in any news media, brochures, promotional materials, or other types of print media. Vehicles or other large pieces of equipment purchased with grant funds must have a sign attached indicating it was purchased with CIWMB grant funds and preferably using the "used oil drop" logo. Such signs wi. be available from the CIWMB at no cost; or the Grantee, with their Project Manager's approval, may develop their own sign. GRANT PAYMENTS A. GENERAL REQUIREMENTS 1. The State IIhall reimburse the Grantee for performing only those ..rvices all specified in the Budget Report and Opportunity Grant application. /4.nv deviations from the use of funds lloecified in the aoolication must be aooroved bv the ProIect Manaaer before an exoenditure for that item ill made. 2. To receive payment the Grantee must submit a completed Payment Request Form and lIupporting documentation as described below in Section B "Submittal of Payment Request." Payment Requests should be submitted not more frequently than once each quarter and be for a minimum of $1,000. Pavments to the Grantee shall normallY be made in arrears. 3. Payment will be made to the Grantee only. It will be the responsibility of the Grantee to pay all contractors and subcontractors for purchased goods and services. 4. The State shall withhold and retain ten oercent 110%) of the arant award until all conditions stioulated in the agreement have been satisfied. / 6-'17 Page 3 Administrative Procedures and Requirements 5. Requests for advance payment must be submitted in writing to the Project Manager and demonstrate the need for advance payment and that the Grantee wHl incur a soecilic expenditure(s) prior to or shortly after payment from the Board. Suggested documentation includes purchase orders, bids, etc. The Project Manager may partially or fully deny advance Payment Requests. B. SUBMITTAL OF PAYMENT REQUESTS 1. All Payment Requests must be submitted using a completed Payment Request Form (Attachment C) signed by the individual authorized in the resolution included in the grant application. 2. Payment requests must include an Itemization of all expenses by budget category as shown on the Grantee's Budget Summary Form. The Grantee should use a format similar to the sample found in Attachment B of this document. 3. Payment requests must include copies of documents supporting the claimed expenses (i.e., receipts, invoices, cancelled checks, time logs, etc.). Supporting documents must contain sufficient information or notations to establish purchases made or costs incurred are eligible for payment. At a minimum, the documentation should include the name, amount, and date of purchase for the expense. Grantees must provide a time log for any staff time claimed by a contractor/consultant indicating the date, activity, hours spent, and cost per hour For site visits the log should also include the location/business and person(s) contacted. 4. Personnel expenditures must be computed on actual time spent on grant related activities. These expenditures should be broken out by the classilication(s) of the employee(s), the hourly wage, fringe benefits rate, and number of hours worked on grant activities, for calculating total personnel expense for each employee. 5. Grantees must Drovld. three cODle. of each Pavment Reouest with an original signature on at least one copy and one copy of supporting documentation (invoices, receipts, cancelled cheeks, etc.) attached. I c. MAIL PAYMENT REQUESTS TO: California Integrated Waste Management Board Grants Section / Used Oil Grant Program 8800 Cal Center Drive Sacramento, CA 95826 D. RELEASE OF FUNDS 1. The Project Manager will review and approve all Payment Requests before payment is made. The Grantee must meet the following conditions before the Project Manager will process any Payment Request during the grant term: a. The Grantee has submitted required Quarterly Reports and the Project Manager has deemed them to be satisfactory; b. The Project Manager has received copies of applicable contracts and/or subcontracts; c. The Grantee has obtained permits or permit waivers from appropriate govemmental agencies and the Project Manager has received copies of all such documents. 2. The State shall make payment to the Grantee as promptly as liscal procedures permit. After all Board staff approvals have been obtained, Payment Requests will be forwarded to the State Controller's Office for issuance of pay warrants. Grantee's can typically expect payment within 45 calendar days from the date a Payment Request is approved by the Project Manager 3. The Project Manager will release the ten percent (10%) retention upon recei~t and approval of the Final Report and Final Payment Request. b-'1r r'~ ':)r Administrative Procedures and Requirements Page 2 4. As a result of this grant project, indicate how many gallons of used oil were collected or how many citizens were reached, whichever is applicable; 5. A statement of future intent of the Grantee to maintain or further develop the program; 6. A Payment Request Form requesting final payment of any remaining grant funds as well as the ten percent (10%) retention, and required supporting documents (see Instructions for Submittal of Payment Requests); and 7. A list of con~rs and subcontractors funded in whole or in part by the Grantee. Include the name, address, concise state;;;;;~f work done, time period in which work was done, and cost each. FAILURE TO COM~ Failure to comply with the reporti~ requirements specified above may result termination of this agreement or suspension of any or all outstandiri9'-~ayment Requests until such time as t e Grantee has satisfactorily completed tlie reporting provisions. \ , PUBLICITY AND ACKNOWL~DGEMENT A. The purpose of this grant is to ensure the idest possible coli tion of used oil. Therefore, public education or promotional materials must not advertise 0 privately oper ed used oil collection center to the exclusion of others. Such materials will attempt to prom e all certifie sed oil collection centers within the Grantee's jurisdiction to the maximum extent possible. B. The Grantee shall submit to the Project Manager materials are sub'ect to the review and a roval 0 Grantee must also provide 2 copies of all final p Ii C. :::r:~tee agrees to acknowledge the Ca . ~~ia Inte~-ted Waste Management Board's support whenever projects funded by this agreement (in who or in part)~~PUblicized in any news media, brochures, promotional materials, or other types of print media. ehicles or other rge pieces of equipment purchased with grant funds must have a sign attached indicating it as purchased with IWMB grant funds and preferably using the "used oil drop. logo. Such signs will be availa e from the CIWMB at n cost; or the Grantee, with their Project Manager's approval, may develop their own si es of draft public education or advertising materials. These e Pro'ect M na er rior to blication r distribution. education, advertising or promotional materials to the Project 3. payme will be made to the Grantee only. It will be the responsibility of the Grantee to pay all contractors and s contractors for purchased goods and services. 4. Th tate shall withhold and retain t n J.9. eement have been satisfied. GRANT PAYMENTS A. GENERAL REQUIREMENT 1. Iication must be 2. Administrative Procedures and Requirements Page 4 GRANT CLOSEOUT A. The Project Manager will close out the award when It is determined that all applicable administrative actions and all required work of the grant have been completed. B. The Grantee must submit a Final Report. a Payment Request and all outstanding documentation of expenses Incurred that are required as a condition of the grant. Upon receipt of the Final Report, the Project Manager shall ensure that all work has been completed and that all unexpended funds are refunded to the State. If appropriate, a check from the Grantee made payable to the State will be due within 60 calendar days after the grant project is closed. Following the Project Managefs approval of the Final Report and Payment Request, the ten percent (10%) retention of the grant funds. as well as any other grant funds due and owing, will be released to the Grantee. The Final Report must be submitted at least 30 davs Drior to the termination of the aran!, C. The Grantee must retain all financial and grant program records, supporting documents, statistical records, and other records of projects funded by this grant. The Califomia Integrated Waste Management Board must have access to all related records during progress of the project and for at least three (3) years after termination of the grant. AUDIT REQUIREMENTS This grant is subject to a desk or field audit. The Grantee Is responsible for maintaining source documents substantiating the expenditures claimed and must make them available at the time of an audit. Records relating to the implemented program include: expenditure ledger. payroll register entries. time sheets, paid warrants, contracts, change orders, invoices, and cancelled checks. Records must be maintained for a period of three years from the date of termination of the grant agreement. ~ * 'If 57 Administrative Procedures and Requirements Page 5 SAMPLE QUARTERLY PROGRESS REPORT ATTACHMENT A CITY OF EVERYTOWN CONTRACT NO. UOOG.93.123-45 QUARTERLY PROGRESS REPORT JULY - SEPTEMBER, 1994 TASK 1 PUBLIC EDUCATION & AWARENESS CAMPAIGN 1.1 Produce Brochure - First draft has been completed and a copy is enclosed for CIWMB Used Oil Staffs review. We plan to print the brochures during the next quarter. This task is on schedule with the program timeline. 1.2 Design stickers for collection containers - Stickers have been printed and we are awaiting the shipment of containers. This task is on schedule. / 1.3 Purchase and distribute collection containers to public - An order for 2,000 used oil collection containers has been placed and should be received by October 10, 1994. Distribution will begin immediately at the City's used oil collection center and also at the Chief Auto Parts and Jiffy Lube certified collection centers. This task is on schedule. 1.4 Purchase display banners - Our program timeline indicated these banners would be purchased during July, however, the company we had planned to place the order with has suddenly gone out of business. We hope to be able to find another company and place the order by November. TASK 2 ESTABLISH CERTIFIED USED OIL COLLECTION CENTERS 2.1 Identify and contact businesses - Staff established a list of 28 businesses as possible contacts (see attached list). Every business on the list has been contacted and an appointment was made to meet with the owner/manager if possible. Only three businesses were unwilling to meet with us, Jesse's Maxi-Lube, Acme Lube and Oil, and Sam's Service Station. During on-site meetings we gave each business the CIWMB packet of information on certification ana ~xplained how we'd assist with 6-St7 Administrative Procedures and Requirements Page 6 City of Everytown July - September Quarterly Report Page 2 collection costs and would like them to distribute the collection containers to the public. Since those meetings ABC Oil has agreed to become a certified center and submitted their application to the CIWMB. We are still working with the other companies and hope to have two or three more certified by the next quarterly report. This task is on schedule. 2.2 Assist firms to certify. Completed the forms for ABC Oil's certification application and submitted them to the CIWMB. Will continue to offer this assistance to other firms willing to certify. As stated above we believe that we will have several others certified by the next quarterly report. This task is on schedule. TASK 3 PROVIDE INCENTIVES TO CERTIFIED COLLECTION CENTERS 3.1 Provide used oil collection - We have provided for used oil collection twice for tl"ie Chief Auto Parts and the Jiffy Lube for a total of four collections. We will be submitting the invoices for these collection with our first payment request. We will continue providing this service and extend it to other businesses as they become certified collection centers. This task is on schedule. 3.1 Contaminated load reimbursement - No contaminated loads have been reported. TASK 4 CONSTRUCT CITY USED OIL COLLECTION CENTER 4.1 Pave collection area, fence, construct containment berm 4.2 Purchase and install 250 gal. used oil collection tank No activity has taken place on this task. We anticipate work on these tasks to begin in August 1995 as described in our program timeline. Please note that this sample is only to provide a recommended fonnat for the quarterly reports and demonstrate the type of infonnation that is required. It may be appropriate for Grantees to provide more infonnation on each task than what has been shown hare due to space constraints. ~-51 / 9' Administrative Procedures and Requirements Page 7 SAMPLE PAYMENT REQUEST ITEMIZATION ATTACHMENT B LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT PROGRAM PAYMENT REQUEST ITEMIZATION September 15.1994 CITY OF EVERYTOWN UOOG-93-200-19 DESCRIPTION CIWMB REIMBURSEMENT ." PERSONNEL EXPENSES . Administrative Analyst ($15/hour & 30% benefit rate) 50 hours$975 . Used oil bulking labor ($10/hour) 20 hours Total Personnel Services ~200 $1,175 TOTAL OVERHEAD . Portion of utilities, rent, etc. $700 CONTRACTS . Used oil hauling costs for city-operated certified center 3 pickups of used oil at $75 a pickup . XYZ Consultant _ preparation of used oil brochure ($65/hour) 30 hours Total Contracts $225 $1.950 $2,175 TOTAL EQUIPMENT . 500 gallon used oil collection tank $1.245 TOTAL MATERIALS & SUPPLIES . Used Oil fact sheet printing costs 5,000 @ .64 ea. . postage 5,000 @ .16 ea. Total Materials & Supplies $3,200 800 $4,000 TOTAL OTHER COSTS . HazMat Training - 4 staff @ $200 ea. . Permit Total Other Costs $800 $100 $900 --------------------------------------- ---------------------------- $10,195 TOTAL COSTS PLEASE NOTE: R:'und all numbers to nearest dollar and be sure Payment Request is for a minimun of $1,000. t,. ..5'.2 o Administrative Procedures and Requirements Page 6 City of Everytown July. September Quarterly Report Page 2 TASK 3 TASK 4 collection costs and would like them to distrib the collection containers to the public. Since those meeti s ABC Oil has agreed to become a certified center and bmitted their application to the CIWMB. We are stil~ orking with the other companies and hope to have two or 21ree more certified by the next quarterly report. This task isdn schedule. / 2.2 Assist firms to certify - Compl,ted the forms for ABC Oil's certification application and"submitted them to the CIWMB. Will continue to offer this a=ssi . ance to other firms willing to certify. As stated above we bel' ve that we will have several others certified by the next q rterly report. This task is on schedule. PROVIDE INCENTIVES y6' CERTIFIED COLLECTION CENTERS 3.1 Provide used o' ~ollection - We have provided for used oil collection twi . for th'e Chief Auto Parts and the Jiffy Lube for a total of four ollections. We will be submitting the invoices for these coli .tion with our first payment request. We will continue providin his service and extend it to other businesses as they becomcertified collection centers. This task is on schedule. 3.1 Con minated load reimbursement - No contaminated loads have be n reported. CONS RUCT CITY USED OIL COLLECTION CENTER Pave collection area, fence, construct containment berm Purchase and install 250 gal. used oil collection tank activity has taken place on this task. We anticipate work on these sks to begin in August 1995 as described in our program timeline. Please note that this sample is only to provide a recommended format for the quarterly repoTts and demonstrate the type of information that is required. It may be appropriate for Grantees tl. provide more information on each task than what has been shown here due to space constraints. ~-:fJ Slate of California California Integrated Waste Management Board ATTACHMENT C LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT Payment Request Form II 11. APplicant 12. Contract Number UOOC. . 3. PAYMENT INFORMATION a. TYpe of Payment (check box): o REiMBURSEMENT o ADVANCE o FINAL b. Total crant Amount S c. less 10% Retention Ipald upon completion of contraCll S d. Crant FundS Available After 10% Retention lb. minus c.l S e. Funds Received to Date S f. Available FundS Id. minus e.l S g. Amount of This ReQuest S h. Remaining FundS After ThiS payment If minus g.l S IJ II AMOuNt AUr~lzED,oRPAYMEfn ......,............,'.',...... ...,...-.-...,..,...,...,...,.....,...,....,.. .,'-:.'..:.,..".;.;.;.;.;...:.....,.........:..:'. ....,.....',.-.,...,.... . ...:......,..:..:.......-. . I S. SEND PAYWARRANTTO Agency Name Isame as Applicant Name): Street Address: CltYlStatelZlp Code: Attention: CElmFlCA nON: I certH'Y t/lat tile abOve Signature of person AuthorIZed by Resolution: information Is cmect and t/lat all fUnds recetved have been or will be expended In accordance wtt1I tile approved agreement Name & Title (type Qr plinQ: Date: for callfomla IntJegratlld ~ Management Board grant fUndIng. SEE INSTRUCTIONS ON REVERSE "-:.5'3 1 I .-) PAYMENT INSTRUCTIONS The following instructions are keyed to corresponding items on the Payment Request Form: 1. APPLICANT - Agency name as shown on the Standard Agreement. . 2. CONTRACT NUMBER - The number assigned by the State as shown at the top of the Standard Agreement. 3. PAYMENT INFORMATION (a) Type of Payment - Mark "Reimbursement" if this is a regular quarterly payment request. Mark "Advance" only If an advance payment has been approved by the Project Manager Mark "Fina'" when all tasks have been completed. Final payment of any remaining funds and the 1 0% retention will be made when the grantee's final report has been submitted and approved by the Project Manager (b) Total Grant Amount - The amount of State grant funds awarded to this project. (c) Less 10% Retention (paid upon completion of contract) - This amount is shown on the Budget Summary Form included with your contract and is deducted from the total grant award. These funds will be paid to the grantee upon completion of the project, submittal of the final report, and approval of 'the final report by the Project Manager Reauest for "Final Payment" must be submitted to the Profect Manaaer by May 30. 1996 In order to obtain a Dav warrant from the State Controller's Office before the arant terminates on June 30. 1996. (d) Grant Funds Available After 10% Retention - b. minus c. (e) Funds Received to Date - Total amount already received for this project. (f) Available Funds - d. minus e. I (g) Amount of This Request - Amount that is being requested. (h) Remaining Funds After This Payment - f. minus g. 4. The following item will be completed by Project Manager Upon request, a copy of the Payment Request with this section completed will be mailed to the grantee: AMOU!'IT AUTHORIZED FOR PAYMENT - Amount approved by the Project Manager for payment to the grantee for this Payment Request. 5. SEND PAY WARRANT TO - The pay warrant will be made payable to the "agency name" provided. Please note that the first line must be the locallurlsdlctlon's name as shown on the Standard Aareement, subsequent lines may Indicate department, division, etc. Provide mailing address as indicated on remaining lines. CERTIFICATION _ This section is to be signed by the person authorized in the Resolution included with the grant application. Please also type or print this person's name and title and include the date of signature. PLEASE MAIL THIS PAYMENT REQUEST FORM AND SUPPORTING DOCUMENTATION TO: Califomia Integrated Waste Management Board Grants Section - Used Oil Grants Program 8800 Cal Center Drive Sacramento, CA 95826 ~ 'ff' ." ~- o.':iI Terms and Conditions Purnose. The purpose of this agreement is to establish the terms and conditions of the Local Govemment Used Oil Opportunity Grant. Definitions. In interpreting this agreement, the following terms will have the meanings given to them below, unless the context clearly Indicatel otherwise. A. "Board" will mean the Califomla Integreted WaIte Management Board. B. "Executive Director" will mean the Executive Director of the Califomia Integrated Waste Management Board, or hialher delign... -. C. "State" will mean the State of Califomia, Including but not limited to, the Califomia Integrated Waste Management Board andlor Its deaignated officer. D. "Grant.." will mean the recipient of fund. pursuant to this Agreement. E. "program Manager" will mean the Board Ilafl person responsible for monitoring the grant. 6l!!liL The Grant.. agr..s that the Board, the State Controller'. Office and the State Auditor General's Office, or their designated representatives, will have an absolute right of access to all of the Grantee's records pertaining to the agr..ment to conduct revieWS andlor audits. Grent..'s records pertaining to the agreement, or any part thereof requested, win be made available to the de~lgnated auditor(s) upon request for the indicated reviews andlor audits. Such records win be retained for at least three (3) years after expiration of the agreement, or until completion of the action and resolution of an Issues which may arise as . resuit of any litigation, claim, negotiation or audit, whichever i. later. If an audit reveals the State funds are not being expended, or have not been expended In accordance with the agreement. the Grant.. may be required to forfeit the unexpended portion of the fund. andlor repay the State for any improperly expended monies. Druo-Free WorkDlace Certification. The Grantee, by .igning this agreement, certifies compliance with Govemment Code Section 8355 In mltters ralating to providing a drug-free workpllce. The Grant.. will: A. Publish a statement notifying employ..s that unlawful manufacture. distribution, 'dispensation. possession, or use of a controlled substance Is prohibited Ind specifying actions to be taken against employ..s for violations, 81 required by Govemment Code Section 8355(a). B. Establish a Drug-Free Awareness program a. required by Govemment Code Section 8355(b), to Inform employees about all of the following: (I) the dangers of drug abuse In the workplace. (b) the Grant.... policy of maintaining a drug-free workplace, (c) any available counseling, rehabilitation and amploy.. assistance programs, and (d) penalties that may be Imposed upon Imployees for drug abuse violations. C. Provide 81 required by Govemment Code Section 8355(c), that Ivery Imploy..who works on the proposed grant (a) will receiYI a copy of the company'. drug-free policy .tetement, Ind (b) will Igree to abidl by the terms of the company's stetement as a condition of employment on the grant. The person .igning this grant on behalf of the Grantee swears thet helshe Is authorized to legally bind the Grant.. to this certification and makes this certification under penalty of perjury under thelawl of the Stete of Califomia. 1 ~ ,/5" (vi 'I Statement of Comoliance. The Grantee's signature affixed hereon will conslitllle e certification under penalty of pe~ury under the laws of the SlIte of Califomia that the Grantee has, unless exempted, complied with the nondiscrimination program requirements of Govemment Code Section 12990 and Titie 2, Califomia Code of Regulations, Section 8103. Availabl1itv of Funds. The SlIte's obligations under this agreement are contingent upon and subject to the availability of funds appropriated for this grant. Pavment. The Budget slltes the maximum amount of allow8ble costs for each of the lIsks identified in the Work SlItement. The SlIte will reimburse the Grantee for perfonning only those services specified in the WorX SlItement and presented on the payment request. In the event the Grantee's projection of costs indicates a need to revise the Budget, the Grantee will notify the Stete within ten (10) worldng days of the discovery of need for revision. Entire Aoreement. This agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the AtlBchments hereto, conllins the entire agreement of the parties. - Communications. All official communication from the Grantee to the SlIte will be directed to: program M.nager Califomia Integrated Waste Man.gement Board Grants Section I Used Oil Grants Program 8800 Cal Center Drive S.cramento, CA 95826 All fonnal notices required by this agreement will be given in writing and sent by prepaid mall, by personal delivery, or by FAA followed by an original. ConfidentialitvlPublic Records. The Grantee and the SlIte undersllnd that each party may come into possession of Infonnation andlor dall which may be deemed confidential or propriellry by the person or organization fumishing the infonnation or dall. Such infonnation or dall may be subject to disclosure under the Califomia Public Records Act, commencing with Govemment Code Section 6250. The SlIte agrees not to disclose such information or data fumished by the Grantee .nd to maintain such Information or d.ta as confidential when so designated by the Grantee in writing at the time It Is fumlshed to the State, only to the extl!nt that such infonnation or dlta Is exempt from disclosure under the Califomia Public Records Act. Publicitv and Acknowledaement. The Grantee agrees that It willlc:k.nowledge the Board's support whenever projects funded, in whole or in part, by this agreement are publicized in any news media, brochures, or other type of promotional material. All equipment purchased under this grant shall bear a sign with language to the effect that the equipment was purchased with funds from the Califomia Integrated Waste Management Board. The purpose of this grant Is to ensure the widest possible collection of used 011. Therefore, publiC education or promotion.1 materials must not advertiH one priv.tely operated used oil collection center to the exclusion of others. Such materials will attempt to promote all certified used oil collection centers within the Grantee's jurisdiction to the maximum extent feasible. Stoo Wof1( Notice. Immediately, upon receipt of a written notice to stop wort. the Grantee will cease all wof1( under the agreement. Disoutes. If for anY-TAson the Grantee and the Executive Director cannot reach mutual agreement, the Grantee may refer the dispute to the Board for finall'8$Olution. Remedies. Unless otherwlH expressly provided herein, the rights and remedies hereunder are in addition to. and not in limitation of, other rights and remedies under the agreement, at law or In equity, and exercise of one right or remedy will not be deemed a WIIlver of any other right or remedy. Severabilitv. If any provisions of this agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this agreement without .rIectIng tiny other provision of the agreement. To the full extent, however, that the provisiol!l of such applicable law may be WIIlved, they are hereby WIIived, to the end that the agreement be deemed to be a valid and binding agraement enforceable In accordance with its terms. Force Maieure. Neither the State nor the Grantee, including th8 Grantee's contractor(I), If any, will be responsible hereunder for any delay, default or nonperformance of this agreement, to the extent that such delay, default or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot. war, rebellion, sabotage, or flood, or any other cause beyond the TAsonable control of such party. Controllino Law. All questions conceming the validity and operation of the agreement and the performance of the obligations imposed upon the parties hereunder will come within the jurisdiction of and be govemed by the laws of the State of Califomia. Eouioment and Suoolies. Subject to the obligations and conditions set forth in this section, title to equipment and supplies acquired under a grant will vest upon acquisition in the Grantee, provided that the Grantee uses the equipment and supplies for the purposes of used 011 collection for a period of at least four (4) years from the effective date of this grant agreement. If the Grantee does not use the equipment or supplies for the purpose of used oil collection, the Board reserves the right to have the equipment or supplies ret'Jrned to the Board. Comoliance. The Grantee shall comply fully with all applicable federal. state and local laws, ordinances, regulations and permits. The Grantee shall secure any new permits required by authorities having jurisdiction over the project, and shall maintain all presently required permits. The Grantee shall ensure that the requirements of the California Environmental Quality Act ara met for any permits or other entitlements required to carry out the terms of this agreement. Hold Hannless. A. Grantee agrees to WIIIYe all claims and recourse against the State Including the right to contribution for loss or damage to persons or property arising from. growing out of or in any way connected with or incident to this agreement. B. Grantee agrees to Indemnify, hold harmless and defend State, Its officers. agents and employees against any and all claims demands. damages, costs. expenses or liability costs arising out of the activities undertaken pursuant to this grant agreement. &"'57 3 \(7 Nondiscrimination Clause (ooP - 2) 1 During the perfonnance of this grant, the Grantee, contractor and its subcontractors will not deny the grant's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability. nor will they discriminate unlawfully against any employee or applicant for employment because of race, -religion, color, national origin, ancestry, physical handicap, mental disability, medical condltion,maritalltatul, age or sex. Grantee will ensure that the evaluation and treatment of employees and applicants for employment are free of IUch discrimination. 2. Grantee will comply with the provisions of the Fair Employment and Houling Act (Government Code, Section 12900 11.HSI.), the regulationl promulgated thereunder (Califomia Administratlve Code. Tlt\e 2. Section 7285.0 11.HSI.), the provisions of ArticII 9.5, Chapter 1, Part 1, Division 3, TltIe 2 of the Govemment Code (Govemment Code, Sections 11135 -11139.5) and the re9ulations or standards adopted by the awarding State agency to implement IUch article. 3. Grantee and eny subcontractors will give written notice of their obligations under this dause to labor organizations with which they have a collective bargeining or other agreement. 4. Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform worX under the grant. ." 4 ~-f? . 1 ~c@ rn. OG~~JTh T- APPROVED BYTllE I ATTORNEY~l ~ $-I'), ,., '9C4 . ~ . . _ I ~ '\ .. ~..,.. TAX" R~ 'EDE.... EllPLDVER ICEIITI"C",C' NU"8ER .,;>0 ...l.."t. r- I. -I q I TIl . ~REEMENT. mlde and en\UOd' 10 this ._ day of ~ . l~. I - ., ~ ,~I in ~lal'e of California. by and belwee 511'" of California. lhrou&h ilS duly eleeled ar Ippoinled. qualified and &eling W..E uF Of=FICEA ACTING FOR STAlE AGENCY Executive Director California Integrated Waste Management Board CONTAACTOR'I NAME City of Chula Vista .hereaflet eal1ed the ContraclOr. Wl1NESSE'nI: That the Contrlctor far and in eonsidetation of the covenllllS, conditions, agrecmenu. IIId stipulations of the State heteinafler exprened, doe. hereby Igree 10 furnish 10 the Slale seTYiees IIId malerials u follows: (S.r/orlllseNI.. 10 b. reNiored by COl'llrtll:ror, GmDU1IlIO be peid COnlrtll:10r. UrM lor p.rformanu or campllllon, DNI elltll:lI plCllS end specijICCllons. if eny.) CONTRACT NUMBER .....NO. s ,heteaflCT called the 511", and Project Number: UOOG.93.338-37 Contractor agrees to undertake and complete all necessary tasks to implement a used oil Opportunity Grant Program as aUThorized by Public Resources Code 948632(a) and as described in the grantee's Local Government Used Oil Opportunity Crant application. The State will withhold payment equal to 10% of each invoice until completion of all work and other requirements to the satisfaction 01 the State in accordance with this contract. The term of the agreement will be 24 months, commencing~, 1994 and terminating on June 30, 1996. ..I."LW,~ ~ . :ONTlNUEll ON SHEETS. EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. Th. provisions on the reVetse side hereof eonstilUte a pan of this IgreemenL IN WITNESS WHEREOF, this Igreement hu been executed by the panies herelo. upon the dale rlTst lbove wrilten. STATE OF CALIFORNIA CONTRACTOR ;.)NT ENCUMIEAED IV TMIS :JMENT S~ -AIOR ......OUNT ENCUUBERED FOR ~1S CONTRACT $ '~.u.&JCAlEGOAV (CODE AND TITLE. CONTRACTOR (II 01'* INn." itldNid....t .,.,..,.".. GDl'JICINiotI. IM'fNNio, "e.) Ci of Chula Vista Iv ( D .""''l}lf'EI '-7'" l> ~ J,. ~~- ANO Tm.E OF PliIllON IlGHflQ "J"CHIJ ;). ...'"-r: s ~ I C,T1 1"1,,~., 'f -1t/1 Ik~-' /..?A,d" /..,;~ , ~.;,) '7' ~/, FUND ilTLE Departm.nt 01 O.n.,.1 Servin. Used Oil Re nd Us. Only (OPTIONAL USE) ITEII CHAPTEA I STATUTE 1991 I FISCAL. YEAR , 1993/94 iOTA!. 'MOUN"/' ENeVIll.ERED TO /lATE 3910-602.100 817 C"ECT OF EXPliNClTUAE (COCE ANC T1ll.EI 1 1 7 2 I ....r.by ..r1ify UDOn my..... psrsONlI<ttow'-dge lller_geled fimds .,. .".iable for I> . period and purpos. of the .xpettdi~ .,.,ftlabove. IGNA1'UA OF' NG()I:r:ICER T...A. NO. i Ut NO. i I CATE I t, .;-f-7V " ~f9 (J S':',,~ OF CAliFOi~"',A " STANDARD AGREEMENT .<;-:-O.:! ;~EV, !>'''') "'l,,:,..;:l:iS!:) The Contra.:tor a~rt'es to indt'mnir",. deft'nd :,md s:.l\'e h:.lrmlt!'is the SIi.ltt'. iLC; Hffi("~rs. m;cnl~ and l'mplQyees from an)' and :111 claims :ond losses accruin:: or resulting to an)' and all contractors. subcflntractors. materialmen. laborers and any ..ther person, firm or corporation furnishing or suppl)'ing work ser"ices, maleri:lls or supplies in ,'onnection" ith lhe ;>erformance ofthiscontract. and from any and:lll claims and losses accruing or resuJtin!: to any person. firm or corporation who may he injured or damaged by the Contractor in the performance of this contracL 2. The Contractor, and the aqenls and emplo)'eeS of Contractor. in tbe performance of the agreement. shall act in an independent caparit)' :lod not as oilieers or emphl)'eeS or a;:ents of State of California. .t The State mtay termin:.\tt' this a;"'1'l'cmtnt and he rciic\'ed nfthe p:J~ mt'nt nflln~' consideration to Conlractor should Contractor fail to perform lhe CflwnantS herein contained :lIlhe time and in the mannrr herein pro\ ided. In the ennt of such lerminalion Ihe State ma)' proceed" ith the work in any manner deemed proper b),the State. The cost to the Stme shall be deducted from an" sum due the Contractor under this .J~l"Cl'm('nt. :.md th~ b.llancc. irany, :-:,i.i11 be paid the ('l)mra~1t)r upon demand. ~, Without Ihe written consent of the ~l:lte.this :Igrccment is not assignahle hy Contr:lctor either in whole ur in part. S, Time is of the es.sence in this agreenlenL 6. \;0 alteratiun or \';,lriation of th~ terms of this contract shaH be \ alid unless m:Jde in writ in;.; :Jnd '!oi~n~d b~' the parti~s hfreto. and no oral mdcrst:lndin~ or i.lgrcement nllt incorpor~ltcd herein, shall bt' bindin~ on an)' or the parties her~to. "7. The con!'iderution to be paid Cnntr:Jctor. as pnn'idcd herdn. shall b~ in comp('ns:.nion for all of Contractor's c'\penses incurred in th~ prrformc\nce hereof. including tra\'el :Jnd per dicm. unle~s other" ise e:xprt'ssl)' so pro\'ided. ~-6-~ 11 6101. 11/15 '94 15:00 J 0 : BI...CO'F 1 ao/RR J NSl.Rl=/ICE FAX: 1415.9562944 F<<:;E 2 ,AG.... :(;EATIFIQAtE Ot-,,,,$URANQE ~~~~~:"~~ _Due.. U'UoI'LI'AT',)N.. '.''OVNNY ....U.AN"N ""NN"'t, 'N' THI8 CEIlTlFICATE 1118SUED AS A IlIATTEIl OF INFOIlMATION ONl V AND CONFEFl8 NO RIGHTS UPON THE CEIlTIFICA T( ~~ b..U.u)I "ta.~, !l.t.i'I ...1 Oft,. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR lll'UI "UllI:.i.YC'C.' l'A ,.'" ALTER THE COVERAGE AFFORDED BY THE POUCtES BELOW. COIllPANI!!. AFFOADtNG COVERAGI! ........ IIrball C'orp.:. ,.1 :hd\ D'.fln l... h.~lcn.l Avnnu. S:M11 D._II'-' C1\ .211:1 i C(.'M'ANV , A I I COMf'A"'v I · I COMP^,"V I C 1'.......- I 0 Ar'.ol'"'-Il 8.vl. lnour."c:a r....lJ.lly Nr.'rthbl~k. l"O\'l'."efl r~~IY I , , DftCRl~ OJ ~TION8ILOCAnOllIMNtCt.H,oSHCtAl.I'n.'" I COVMAOBS THIS IS TO C~MlI'Y TliAT THE PO..ICIES OF INIUHANCE LISTED lliLOW HAVE BEEN ISSUED TO THE INSURED ...."'ED ABOVE FOR THE PCLICY PF.RIOD IN[lICArtD, NOTWITHSTANDING ANY HfQUIAI!l!ENT TERM OR CONDITION OF ANY CONTA.o.CT QROTHER DOCWiNT WITH RESPECT TO WHICH TM S CtFmFlCATE MAY BE ISSUED OM MAY PERTAIN, THE INSlJRA"lCe AFFORDED IY THE POLICIES DESCRIBED HERI!IN IG SUBJECT TO ALL THE TER"'S. eXCll.lSlONS AND CONDITIONS OF SUCH POLICIES liMITS SHOWN "'AV HAVE IlEEN REDUCED IV ."0 eLAIIIS CO! TTfIIOP'MUMtlCE I roucy......." I POUCV...'lcnYI!rOUCYU'IMTIOItI! "'I~ LlR. ! I ""'.CO'_Ml ..TlCJIIlIDDM\ ~- I . . 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COUNCIL AGENDA STATEMENT Item No.: 7 ITEM TITLE: Meeting Date: 11/22/94 Resolution J 7? ~endlng Fiscal Vear 1994-95 Budget to Establish a Temporary Expert Professional Position (0.35 FTE) within the Department of Building and Housing for Implementation of Phase Two or the Americans with Disabilities Act (ADA) ~.1LAl/ SUBMITTED BY: Director of Building and HOU~v REVIEWED BY, City Manager.::A~ (4/5" V"" V..X No----.J Backaround; At the City Council Meeting of June 14, 1994, the Council adopted the Americans with Disabilities Act (ADA) Transition Plan. The components of the Transition Plan were several fold, primarily structured to address physical modifications and improvements for existing City-owned facilities. The Transition Plan as adopted also contained other components mandated by the ADA, such as compliance regarding Personnel Department's recruitment practices, employee work stations and customer counters, Parks and Recreation program standards and provisions for off-site improvements in the City's public right-of-way. On May 4, 1994, Council approved a multi-year Capital Improvement Project, ADA Modifications (CIP No. GG-144) through the proposed FY 1995-96 Budget to fund the Phase Two programs and improvements contained in the ADA Transition Plan. Total funding allocations for ADA programs and physical improvements for Phase One and the pending Phase Two improvements of the Transition Plan is $243,405. Yearly allocations were $36,109 in FY 1993-94, $100,000 in FY 1994-95 and $107,296 in the proposed FY 1995-96 Budget. Recommendation: That the City Council adopt the Resolution approving the FY 1994- 95 Budget amendment for establishing a Temporary Expert Professional position (0.35 FTE) in the Department of Building and Housing for implementing Phase Two of the ADA Transition Plan. Board/Commission Recommendation: N/A 7~/ '" \vi Council Agenda Statement -2- Item No. 1 Discussion: In Fiscal Year 1992-93, a classified position of ADA Intern was created in the Personnel Department to initiate the City's effort for compliance to the Americans with Disabilities Act (ADA). The ADA Intern position has been funded for the past two years as a twenty-hour per week position (0.42 FTE), shared by both the Personnel Department and the Department of Building and Housing. During the FY 1994-95 Budget cycle, the position was intended to be removed from Personnel's staffing allocation and transferred to the Department of Building and Housing. However, due to an oversight during the budget cycle, the position was eliminated in its entirety and subsequently not added to Building and Housing's staffing allocation. The ADA Intern position was originally created to address numerous Personnel Department's compliance measures required by the ADA. Since the individual was physically located in the Department of Building and Housing and once the assigned tasks of the Personnel Department's criteria were satisfied, the individual was assigned numerous tasks and assignments for the Phase One physical improvements to various City-owned facilities. Intern vs. TemDorarv Exoert Professional: As previously stated, the Resolution before the Mayor and City Council is to amend Fiscal Year 1994-95 Budget with the establishment of a Temporary Expert Professional position (0.35 FTE) within the Department of Building and Housing. The available funds for this request were approved by the City Council on May 4, 1994 and are allocated in CIP Account No. GG-144, ADA Modifications for purposes of staffing the position. The recommendation to staff the position at a level higher than the intern level is due to the responsibilities associated with the position. Specifically, the professional responsibilities associated with Phase Two of the Transition Plan, which addresses numerous ADA physical improvements to City-owned facilities, necessitates that the Department of Building and Housing select an individual to perform as a Temporary Expert Professional with job skills of an entry level Building and Housing Inspector I position. This is due to the contact and interaction required with the contractors performing the improvements and insuring that the services performed are in compliance with the ADA. As such, the rate of hourly compensation for the position would reflect a minimum hourly rating of $13.17 per hour (Step A). It is anticipated that approximately twenty to twenty-three hours per week of service shall be required by the ADA Coordinator to complete the CIP Project, ADA Modifications for the balance of FY 1994-95. The recommendation to select an outside Temporary Expert Professional is premised upon the current Building/Housing Inspection staffing level and workload factors. Due the tremedous upswing in construction activity during the past eighteen months, the Department of Building and Housing is experiencing construction activity reflective of the high growth periods of the late eighties and early ninties (Att. A). This activity, while 7'",2. ) ; [;' Council Agenda Statement -3- Item No. 7 certainly welcomed, is placing a high service demand on the inspection staff which currently is short one position. Even with the Department's intent of filling the position in the upcoming months, the service demands associated with the anticipated construction activity will warrant full-time inspection assignments. Hence, the demands to complete the ADA Transition Plan necessitate that the Department recommend the services of a Temporary Expert Professional for this assignment. FlscallmDact: Not to exceed $10,200. Funding source has been previously authorized by Council approval of CIP Account No. GG-144, ADA Transition Plan, General Preparatory Planning. KGl:yu (84:\\\f'51IADADUlS) 7-J /7-<1 ~ "" RESOLUTION NO. 17 7.z5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 1994-95 BUDGET TO ESTABLISH A TEMPORARY EXPERT PROFESSIONAL POSITION (0.35% FTE) WITHIN THE DEPARTMENT OF BUILDING AND HOUSING FOR IMPLEMENTATION OF PHASE TWO OF THE AMERICANS WITH DISABILITIES ACT (ADA) WHEREAS, on June 14, 1994, the Council adopted the Americans with Disabilities Transition Plan, which addresses physical modifications and improvements for existing city-owned facilities; and WHEREAS, the Transition Plan also contained other components such as compliance regarding Personnel Department's recruitment practices, employee work stations and customer counters, Parks and Recreation program standards and provisions for off-site improvements in the City's public right-of-way; and WHEREAS, on May 4, 1994, Council approved a multi-year Capital Improvement project, ADA Modifications (CIP No. GG-144) through FY 1995-96 to fund the Phase Two programs and improvements contained in the ADA Transition Plan; and WHEREAS, total funding allocations for ADA programs and physical improvements for Phase One and the pending Phase Two improvements of the Transition Plan is $243,405. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby amend the fiscal year 1994-95 budget to establish a temporary expert professional position (0.35% FTE) within the Department of Building and Housing for implementation of Phase Two of the Americans with Disabilities Act. Presented by ed as form by ~ J Kenneth Larsen, Director of Building and Housing , City C:\rs\35%fte.ADA 7~5' / 7 - ~ ,- ',/ 300 250 lit 200 z ~ 0 ~ ~ ,2 150 ::l ~ ~ 100 50 0 DEPARTMENT OF BUILDING AND HOUSING Construction Activities '88 '89 '90 '91 '92 '93 '94 '95 FISCAL YEARS ytd '95 e.t. ending 4000 3500 3000 2500 ~ 2000 ~ w 1500 0- 'II: 1000 500 o FISCAL YEAR ;; PERMITS VALUATION '88 3197 $217,013,319 '89 3796 $190,370,354 '90 3656 $188,352,730 '91 3477 $162,432,421 '92 3696 $169,793,390 '93 2467 $83,433,841 '94 3325 $180,091,877 YTD '95 1143 $60,982,897 EST ENDING '95 3535 $188,633,538 / 1_ PERMITS _ VALUATION I PERMITSNALUATION. FY 88 THRU FY 95 (10126/94) 7~? Attachment "All , ~1 I I ; a a ~ t: ! a a I ~ t: I a a I ~ ~H t: ~ 0 ~ III '" ~ ~ ~ i'U ! .. ~ .. N ;! ,,; ~ ~ ... ..'" .. 0 I .. .. .. ~ .. .. t: C i iii ~ i! ~ 0 ~, ~ ~ ~. ~ ~ :a R a I 0 - $ ,,; 8 8 8 .. - ii 15M .. .. .. ~ t: lL ~i ~~ h ~ 0 8 ~ ~ ~ ~ ~ 5:a ~ N ...: .. a ~ ~ ~~'" N ~~ ",,,, t-ii::>itj ~g 01>.".. 1"0:> ulL U I c ...I i ~ 0 ~ ~ ill ~. ~ ~. I" N C ~-' ~ ~ ;:: ~ & '4 & ~ u i~ - ~ I>. ~ ~ ~ ~ . " .II z Q z ~ ii: ~c h. ~ g ~ j ~ c ,~ I>. 1 I j i3 ~ lli I 0 ,~ 1 !5 I>. ~ 11 Ii g ~ ! l s ~ ~ ': ~ 0 III ~~I ~ i g 5 ~ 0 -' - > 0 €~ ~c.b~ JD tii C) ~ . :> _ _ ~ U) " Q. i!! = 'i,~ " . 'U '.-LL18 llllll.- .J::.&.. ,g ~<i ~ 0.. - > '" . li' ~ lll.!'~ ..... :;" j j g ,g> ..... ,,-,Il' D" CGr::::(G= -c .:.= .it "i · c en 0. U ,,,] <<I cI E c :> g Eo.80 ~ i- ~'?'.l ~ l! ~p :ll ,g it ,Ili ~ '! ~ ~ .s: .'t::~ .o.:;S'(i !!' ~'8 =~J1J .s: ,g ,(;'.. e -::; :; ,(;'.. .1:: 1a U " . J ,II . j' ~ o ,- ~:c:.c -:3: Q. '8 -. .. '" "i E E = '€ a> .g ,il 8. · ~ it l~ olilll&. _ ~.s: ~ 1] ~ ';:2 .2 ,g P g j !~ . - '" :> ~o,~~ "i -:11 - . ~ l5 ,it ' "i 0 ~ -;~ u -. ..s: CD ,t2 "5- i!! :11 0 ~ !r~ '" !~ " ,g 'i :l,,~ -g I ~ ~ .. ! = ,2- ~ Ii ~~ i i i :> E E 8 t ~.s lcs'" 1 .s:_ ...~I!l o ~ .., Q. ~ ~o " !~~ !!2'- . ,Il' .s: ,- r :.r::r.-!c " .... ,- . (' 0 c: ~. ~ .2"S .2 ~ "tJ _,!I! e -~,,-"i ;; 7~8" ," .U~Cll1il ~i~ "" ''!! "i ;;; ..oW", .s: .il ~ /I, ~ 00 ~9_E 1~ , COUNCIL AGENDA STATEMENT ITEM TITLE: Item ~ Meeting Date 11/22/94 Resolution ) 77~" Approving Change Order #1 for the Bicycle/Jogging Trail at Sweetwater Road and Willow Street in the City of Chula Vista CA (PR-153) Director of Public Works ~I Director of Parks & RecrdttionLJA/ City M""",SI 'vtJ~ . r (4'''''' Vote, Y~_N..xJ SUBMITTED BY: REVIEWED BY: On September 20, 1994, Council awarded the contract for the Bicycle/Jogging Trail at Sweetwater Road and Willow Street. The work to be done involves construction of a pedestrian and bicycle trail along Sweetwater Road and Willow Street across the Chula Vista Golf Course with a bridge over Sweetwater River. The project as bid contained a 70' long bridge with an 8' wide wooden deck. The bridge joined two paths on each side totaling 14' wide. Staff recommends that the 8' bridge be widened to 14 ft. in order to eliminate a bottleneck at the river crossing. RECOMMENDATION: That Council approve the resolution directing staff to enter into a change order with Frank & Sons Paving for a 14' wide bridge at the river crossing and authorizing the City Manager to approve this change order in an amount of $27,000. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project has been in process for several years. It originally began as a pedestrain/jogging path across the river in order to keep peds off the Willow Street bridge. The project was later expanded in concept to incorporate a bike path in the same location. Most of the project has an 8 foot wide asphalt pavement parallel with a 6 foot wide DG dirt path for Peds. At the river crossing the plans as originally bid contained a new 70' long bridge with an 8' wide wooden deck. It was originally believed by staff that the 8 foot wide 70' long bridge would be adequate and since we were experiencing heavy costs increases the project included the 8' wide bridge. However, since the bids came in lower than anticipated with about a $38,000 contingency, staff requested the contractor give us a price to widen the bridge to 14 feet. The Bridge will be used as a part of a two directional bike path plus a pedrestrianljogging trail. If the bridge were not widened to 14 feet, both the 2 directional bike path and two directional pedrestrain/jogging trail will have to share an 8 ft. right of way for 70 + feet. Staff believes that the project would much better serve the two classes of users if they each have their own right of way. The contractor has offered to widen the bridge for a price increase of $27,000. His original proposal for widening was for $41,000 which was negotiated down by staff. Staff believes that ~~ l' Page 2, Item Meeting Date 11/22/94 t based on the bid savings of this contractor over the second low bid of $47,300 higher, that if we ever want a wider bridge at this location, now is the most optimum time. Frank & Sons Paving's original bid of $192,453.99 was approximately $47,300 less than the next lowest bidder. An increase by $27,000 for the wider bridge would be still be $20,300 below the next lower bidder, ABC Construction. FISCAL IMPACT: Contract would be increased $27,000. Upon completion of the project, including the maintenance period, only routine City maintenance will be required. Attachment: Exhibit A: Site Location Map DCD:SB M:HOMB\ENOINEER\AOBNDA\BIKE3.1PL ~,.~ lit RESOLUTION NO. J77':U, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER #1 FOR THE BICYCLE/JOGGING TRAIL AT SWEETWATER ROAD AND WILLOW STREET IN THE CITY OF CHULA VISTA (PR-153) WHEREAS, on September 20, 1994, Council awarded the contract for the Bicycle/Jogging Trail at Sweetwater Road and willow Street to Frank & Sons Paving for construction of a pedestrian and bicycle trail along Sweetwater Road and willow Street across the Chula vista Golf Course with a bridge over Sweetwater River; and WHEREAS, the project as bid contained a 70' long bridge with an 8' wide wooden deck; and WHEREAS, the bridge joined two paths on each side totaling 14' wide and staff recommends that the 8' bridge be widened to 14 ft. in order to eliminate a bottleneck at the river crossing; and WHEREAS, the contractor has offered to widen the bridge for a price increase of $27,000 and staff believes that based on the bid savings of this contractor, if we ever want a wider bridge at this location, now is the most optimum time. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve Change Order No. 1 to the contract with Frank & Sons Paving for a 14' wide bridge at the river crossing. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to approve this change order in a amount 0 $27,000. ved as ~ fO~ ard, City Presented by John P. Lippitt, Director of Public Works Bruce M. Attorney C:\rs\Bicycle c01 1'".3 /8-4 / /) , ,. ,,.t , ",[ .. .. ' -, 'f.. ~ <.- .... .". .t~ '-f " ", I ,'''C ~.",.~ ..... .' ~ ., " ' - . . .~ .... ;. -~ ;. ....'.,;. _: [. _~ \; .}..ri' . 'l~ " "; .... .~,., .. J ~' Ii" .,. -..., 'Of ". .\':,. lr\~' ; . '. , III' , "I ~ I" ~ "'0. , ~, ~. ~ " ~ 01 ..J ..J ." ... , .'.,1 ,'~ I J I' I' I - " - \ z" '. .X\ ,'...... 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AGENDA STATEMENT SUBMl'lTED BY: Item 9 Meeting Date 11/22/94 Resolution J 'l 'I ~ '1 Waiving the Bidding Process and Authorizing the Purchase of a New 1994 Park Avenue from Harrison Buick Director of Public Works}(( City Manage~ ~@1 (4/5ths Vote: Yes_No..x..) ITEM TITLE: REVIEWED BY: Funds were included in the FY94-95 Equipment Replacement budget for replacement of the Mayor's car. RECOMMENDATION: That Council approve the resolution authorizing the purchase of a new Buick Park Avenue from Harrison Buick BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Routine replacement for the Mayor's vehicle was included in the FY 94-95 budget. A new 1994 Buick Park Avenue that staff would recommend as a suitable vehicle is available from Harrison Buick. Staff requested informal quotes from four area dealers (Chula Vista dealers do not sell Buicks). Seaside Buick did not respond. Both Marvin K. Brown and McClellen Buick quoted a list price of $34,810 and indicated that the City would receive a discount of $1,500 to $2,000. The price offered by Harrison Buick was $27,500 Because the price is very reasonable (below invoice) and to save the time and expense of the normal bidding process, staff recommends the normal bidding process be waived. FISCAL IMPACT: $25,540 was budgeted for the purchase of a new vehicle for the Mayor's use. The price of the vehicle at Harrison Buick is $29,462.45 including tax and document fees. After Mayor-Elect Horton is sworn in as Mayor, staff intends to trade in the van used by Mayor Nader. Harrison Buick will give us credit of about $6,000 for the van, leaving a balance of $23,462.45 for the new vehicle. As this is less than the amount budgeted, no appropriation will be required. Staff also examined the possibility of leasing the new vehicle, but determined that a lease would not be cost effective. Staff believes operating and maintenance costs will be about the same as that budgeted for Mayor Nader's van. DCB:sb m:\home\ongineeJ\a......\pubvc.dob 9') -(6 RESOLUTION NO. /7'lCJ.. 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS AND AUTHORIZING THE PURCHASE OF A NEW 1994 PARK AVENUE FROM HARRISON BUICK WHEREAS, funds were included in the FY94-95 Equipment Replacement budget to purchase a new vehicle for Mayor-Elect Horton; and WHEREAS, staff requested informal quotes from four area dealers (Seaside Buick, Marvin K. Brown, McClellen and Harrison Buick) on a 1994 Buick Park Avenue; and WHEREAS, Seaside Buick did not respond and both Marvin K. Brown and McClellen quoted a list price of $34,810 and indicated that the City would receive a discount of $1,500 to $2,000; and WHEREAS, a 1994 Buick Park Avenue is available from Harrison Buick at a cost of $27,500; and WHEREAS, because the price is very reasonable (below invoice) and to save the time and expense of the normal bidding process, staff rcommends the normal bidding process be waived. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby waive the bidding process and authorize the purchase of a new 1994 Park Avenue at Harrison Buick at a cost of $29,462.45 including tax and document fee Presented by ed l 0 fO:]) John P. Lippitt, Director of Public Works Bruce M. Attorney c: \rs\.ayor car 9'~ '7Q COUNCIL AGENDA STATEMENT Item / P Meeting Date 11/22/94 ITEM TITLE: Resolution J 7?..2 8'" Ordering the Summary Vacation of a General Utility and Access Easement within EastLake Greens Masters Collection, Unit 17 and Authorizing the Mayor to Execute the Quit Claim Deed Vacating the Easement A . / SUBMITTED BY: Director of Public Work~ Ir REVIEWED BY: City Manager..J4 ~~ (4/Sths Vote: Yes_No..K.) Brehm Communities will be developing the remaining undeveloped portion of EastLake Greens Unit 17, Lots 6-13, of the Masters Collection, and has obtained approval for minor revisions to the original development plan for the unit. The proposed revisions required adjustments to the side lines for Lots 6-13 and to the private drives. A condition of the adjustment requires the vacation of a portion of the general utility and access easement that was dedicated to the City on the final map for Unit 17 Brehm Communities and EastLake Development Company, owners of the Bristolwood development within Unit 17 of EastLake Greens, have requested vacation of a portion of the easement. RECOMMENDATION: That Council approve the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The existing general utility and access easement was originally dedicated on the fmal map for EastLake Greens Unit 17 (Map No. 12923 recorded February 28, 1992). The existing general utility and access easement covers a portion La Costa Avenue, which is a private street. The easement grants the City the right of access for construction and maintenance of a public sewer serving the development. Subsequent to approval of the fInal map for Unit 17, Eastlake Development Company constructed the full street and public improvements pursuant to the subdivision improvement agreement associated with the fmal map. However, only Lots 1-5 were developed by EastLake. Brehm Communities has recently obtained the remaining lots (6- 13) of the Unit 17 maps and will be developing these lots as the Bristolwood development. Brehm Communities has obtained approval for revisions to the original development and site plans for Unit 17 through the design review process. These revisions required changes to the existing lot lines established by Map No 12923 and minor re-grading of the site. Brehm has processed an adjustment to the original lot lines and obtained a grading permit to re-grade the site. One of the adjusted lots, Lot 10, includes a portion of the private street and general utility and access easement dedicated on the Unit 17 map which is no longer necessary (see Exhibit A, IP" / ~7) Page 2, Item I () Meeting Date 11/22/94 attached). The existing utilities will be removed or abandoned and access to the adjacent lot will be from the private street (La Costa Avenue). A condition of approval of the lot line adjustment requires the vacation of this portion of the easement. Although La Costa A venue has been fully constructed in accordance with the improvement plans, only the portion of this private street providing access to Lots 1-5 of Unit 17 has been in use. Therefore, the easement located within Lot 10 may be vacated as a summary vacation in accordance with Section 8330 of the Streets and Highway Code since it will not eliminate access to adjacent property. The action before Council will order vacation of only this portion of the easement and will authorize the Mayor to execute the quit claim deed on behalf of the City. The proposed vacation is exempt from CEQA environmental requirements. In accordance with Section 8335 of the Street and Highways Code, the resolution ordering the summary vacation shall state all of the following: 1. That the vacation is made under Chapter 4 of Part 3 of the Streets and Highways Code. 2. The name or other designation of the easements, and a precise description of the portion to be vacated (refer to Exhibit A, attached). 3. The facts under which the summary vacation is made. 4 That from and after the date the resolution is recorded, the easement vacated no longer constitutes an easement. FISCAL IMPACT: None, all costs to process this item are paid for by the applicant through the full cost recovery program. File: ER.241 F:\HOME\ENGINEER\AGENDA\brehmvac.lmc 112294 Id..2. (II () RESOLUTION NO. 1 77.J.K" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A GENERAL UTILITY AND ACCESS EASEMENT WITHIN EASTLAKE GREENS MASTERS COLLECTION, UNIT 17 AND AUTHORIZING THE MAYOR TO EXECUTE THE QUITCLAIM DEED VACATING THE EASEMENT WHEREAS, Brehm Communities will be developing the rema~n~ng undeveloped portion of EastLake Greens unit 17, Lots 6- 13, of the Masters Collection, and has obtained approval for minor revisions to the original development plan for the unit; and WHEREAS, the proposed revisions required adjustments to the side lines for Lots 6-13 and to the private drives; and WHEREAS, a condition of the adjustment requires the vacation of a portion of the general utility and access easements that was dedicated to the City on the final map for unit 17; and WHEREAS, Brehm Communities and EastLake Development Company, owners of the Bristolwood development within Unit 17 of EastLake Greens, have requested vacation of a portion of the easement; and WHEREAS, in accordance with section 8330 of the Streets and Highways Code, the easement located within Lot 10 may be vacated as a summary vacation since it will not eliminate access to adjacent property; and WHEREAS, the proposed vacation is exempt from CEQA environmental requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista, in accordance with Chapter 4 of Part 3 of the Streets and Highways Code, does hereby order the summary vacation of a general utility and access easement within EastLake Greens Masters Collection, unit 17, more particularly described in Exhibit "A", attached hereto and incorporated herein as if set forth. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute the Quitclaim Deed vacating the easement. 1 /~"J 1) BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution and from and after the date the resolution is recorded, the easement vacated no longer constitutes an easement. Presented by John P. Lippitt, Director of Public Works c: \r'8\vacate BU. Bruce M. Attorney 2 It) ..,y ed as ~ C7,? -- 1 __~__----~A~A...--- -_____ J--------- _-~-- C.osiA uE .------- L-~-I ~~ $ ~"Yc LOr I.IC . 'to <QZI LOr I.IC EXISTING ACCESS AND U LITY EASEMENT 129~d ----------. -- ..------ ---- -- -- -- -- --- ,~ LOr I.IC -- -- - ..a .aT _ OlAV LMCES tIDM) N.T.S. VlCIIITY MAP LEGEND ~///////////~ EASEMENT TO BE VACATED DATE' TITLE: ", 11-8-94 VACATION OF GENERAL ACCESS AND UTILITY IIJ~ I DR~~t BY' EASEMENT - BRISTOLWOOD AT EASTLAKE GREENS q} Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: LANE/KUHN PACIFIC HOMES LIMITED PARTNERSHIP NO. 1 c/o BREHM COMMUNITIES 2835 CAMINO DEL RIO SOUTH, S. 220 SAN DIEGO, CA. 92108 MAIL TAX STATEMENTS TO: SAME PA E.AB VE THIS UN F R R C RDER'S U -O~ TO CLEAR TITLE .DOCUMENfARY TRANSFER TAX S ..........................._.......................... ...... Computed on the consideration or value of property coriveYfld; OR ..... Comp.~ed on the consideration or value less liens or enCj:lmbrances remaining at lime of sale. SlQnature or Dedarant 01 Agent aeIem'Iining tax - FIrm Name QUITCLAIM DEED FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,. THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, "GRANTOR" dotes) hereby REMISE. RELEASE AND FOREVER QUITCLAIM to LANE/KUHN PACIFIC HOMES LIMITED PARTNERSHIP NO. I, A CALIFORNIA LIMITED PARTNERSHIP, THEIR SUCCESSORS AND ASSIGNS thfl real propflrty in thfl City of CHULA VISTA County of SAN DIEGO . State of California. described as SEE LEGAL DESCRIPTION AS SHOWN ON THE ATTACHED EXHIBIT "A" AND DEPICTED ON THE ATTACHED PLAT MARKED EXHIBIT "B". THIS INSTRUMENT IS GIVEN TO TERMINATE THE INTEREST OF THE GRANTOR IN THOSE PORTIONS OF A GENERAL UTILITY AND ACCESS EASEMENT WHICH WAS DEDICATED ON THE MAP OF CHULA VISTA TRACT NO. 88-3 UNIT NO. 17, ACCORDING TO MAP THEREOF NO. 12747, AND LATER DEPICTED ON A SUBDIVISION OF PORTIONS OF MAP NO. 12747 CHULA VISTA TRACT NO.88-3,ACCORDING TO MAP NO. 12923. SAID PORTION OF THE EASEMENTS IS DESCRIBED AND SHOWN ON EXHIBITS "A" AND "B", RESPECTIVELY. SEPT. . 1994 Dated } }sa. } THE CITY OF CHULA VISTA A MUNICIPAL CORPORATION STATE OF CALIFORNIA COUNTY OF On before me. BY: personally appeared BY: personally known to me (or pI'OVed 10 me on the basis of satisfactory evidenea) to be the person(s) whose name(s) islare subscribed to the within Instrument and acknowledged to me thet helsheJlhey exocutod the same in his!hernheir authorized capecity(ies), and that by hisJherMeir signa. ture(s) on the instrument the person(s) or the entity upon behaK of which thli person(s) acted. executed thli instrument WITNESS my hand and Official saal. Signature . I()"'~ (ThiI.....""---1 QI;; '''; 1085 (1194) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT 'A' LEGAL DESCRIPTION ALL THAT PORTION OF LOT 10 OF CHULA VISTA TRACT NO. 88-3, UNIT NO. 17, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO ~HE MAP THEREOF NO. 12923, FILED IN THE OFFICE OF THE COUNTY RECORDER, FEBRUARY 28, 1992, DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE WESTERLY LINE OF SAID LOT 10 AND THE NORTHERLY LINE OF A UTILITY AND ACCESS EASEMENT AS SHOWN ON SAID MAP NO. 12923; THENCE ALONG SAID NORTHERLY EASEMENT LINE NORTHEASTERLY ALONG THE ARC OF A 777.50 FOOT RADIUS CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 20037'00" WEST, THROUGH A CENTRAL ANGLE OF 2045'18" A DISTANCE OF 37.38 FEET; THENCE SOUTH 23022'18" EAST 5.00 FEET TO A POINT ON A 297.50 FOOT RADIUS CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 23022'18" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THOUGH A CENTRAL ANGLE OF 9026'59" A DISTANCE OF 49.07 FEET TO THE BEGINNING OF A TANGENT REVERSE 9.50 FOOT RADIUS CURVE TO THE LEFT AND THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 87036'41" A DISTANCE OF 14.53 FEET; THENCE NORTH 11"32'00" WEST 73.86 FEET; THENCE NORTH 78028'00" EAST 33.00 FEET; THENCE SOUTH 11"32'00" EAST 75.57 FEET TO THE BEGINNING OF A TANGENT 9.50 FOOT RADIUS CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86002'00" A DISTANCE OF 14.26 FEET TO A POINT ON THE ABOVEMENTIONED NORTHERLY UTILITY AND ACCESS EASEMENT LINE; THENCE SOUTH 82026'00 WEST 18.01 FEET TO THE BEGINNING OF A TANGENT 297.50 FOOT RADIUS CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6021'19" A DISTANCE OF 33.00 FEET TO THE TRUE POINT OF BEGINNING. )P-'1 ~h o -r L D P )\;J A J~ O. .r) j .? --I --I J} ) ;' a BOUNDARY. SUBDiVISION ~ II . .... ..--- .. l.J -.J ~ ARDI ro BE QlIff -CLAlAlBJ ~ ~~ ~ \. -. ~~ ll?l/c POhVT Or .Jt, 8c(;'hVN/N(;' ~h ~ e...i:"l _Ie... <c~ \ lXl.'i'\ Po/NT O"r \~ 8c(;'hVN/N(;' -.'- --~ ~\ ~~ "-l 6 L D r 10 \:- 6 == 8/j02'00. H... 9.50' L ... 14.26' 6 ... 87J6'41- H .. 9.50' L .. f.I.5J' --- --- --- N8726'OtfE 18.01 ~ ~ A ... 02'45'18" R == 777.50' L - J7.J8' A ... 0/j21'1,- H .. 297.50' 6 .. 09'26'59- L!!! JJ.OO' -- R .. 297.50'--- .J. .. 49.07' .....- .1 N2J'22'f8"W (R; 5.00' --- --- - IfffABT :or ~,., III1IQU "'/8 A'r~a._ (:' ~~ LMd_ ~1fUINi~ NwIM "'~e:.H"""..eMN~" EXHIBIT 'B' I~'Y DATE ~ SHEET 1 OF 1 <h'l PROJECT NO. 940201 COUNCIL AGENDA STATEMENT Item /I Meeting Date 11/22/94 ITEM TITLE: A. Resolution /77 J. , for Street Purposes over Subdivision Map 12519 Accepting an Irrevocable Offer of Dedication a Portion of Lot A in the Ladera Villas Resolution I?? .J~ Amending Condition of Approval No. 74 of the Rancho del Rey SPA III Tentative Map to Clarify when Park Acquisition and Development Fees and Telegraph Canyon Channel Drainage DIF are Payable for the super block lots. C. Resolution I ? ? :J I Approving Master Final Map and Subdivision Improvement Agreement for Chula Vista Tract 90-02, Rancho del Rey SPA III 111,/ SUBMITTED BY: Director of Public works~lf' Director of Planning ~t REVIEWED BY: City Manager~ ~~ (4/Sths Vote: Yes_No...xJ On July 18, 1991, by Resolution 16222 (Exhibit A), the City Council approved the Tentative Subdivision Map for Chula Vista Tract 90-02, Rancho del Rey Sectional Planning Area (SPA) III. Condition of Approval No. 74 of the tentative map allowed the developer to file a Master Final Map (MFM) creating master lots. The map before Council is the MFM for Rancho del Rey SPA III. Approval of the MFM does not confer development rights to the developer. Subsequent fmal maps will be required to further subdivide the master lots into residential units. The proposed amendment to Condition No. 74 will clarify when Telegraph Canyon Channel Drainage DIF (TCDIF) and Park Acquisition and Development (PAD) fees are payable. 8. Right-of-way for Paseo Ranchero previously offered to the City through an irrevocable offer of dedication must also be accepted by the City to provide adequate access to the lots being created by the MFM. RECOMMENDATION: That Council: 1. Adopt the resolution accepting the irrevocable offer of dedication for street purposes; 2. Adopt the resolution amending Condition of Approval No. 74 to clarify when Telegraph Canyon Channel Drainage DIF and PAD fees are payable; 3. Adopt the resolution approving the Master Final Map and the subdivision improvement agreement. /1,1 r,b 't Page 2, Item-LL Meeting Date 11/22/94 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located between East "W Street and Telegraph Canyon Road, from Paseo del Rey to Buena Vista Way. It consists of 407.7 acres which are proposed to be divided into 16 super block lots, which will be further subdivided into residential and open space lots by subsequent final maps. The map now before Council for approval is the Master fInal map, which creates the 16 super block lots (See Exhibit B). The developer has dedicated or obtained all right-of-way necessary to construct or widen the major streets within the subdivision with the exception of a portion of Paseo Ranchero, which was previously offered for dedication as a public street. This right-of-way, a portion of Lot A in the Ladera Villas subdivision, was offered for dedication but rejected on Final Map No. 12519 (See Exhibit C). In accordance with Section 66477.2 of the Subdivision Map, rejected offers of dedication remain open until the City accepts or terminates and abandons the offers by Council resolution. The action before Council will accept this irrevocable offer of dedication (IOD) in accordance with the Subdivision Map Act thereby providing adequate right-of-way to construct Paseo Ranchero in conformance with City standards. The acceptance of the IOD is being requested at this time because access to the development during construction is limited to Paseo Ranchero and Ladera. Consequently the road construction will be one of the fIrst items of work. Condition of Approval No. 74 of the Rancho del Rey SPA III tentative map allowed the developer to me a master fInal map (MFM) to create super block lots for the purpose of selling said lots to guest builders. Subsequent fInal maps would be required to create the lots shown on the approved tentative map. The condition also provided that the MFM was not to be considered the fIrst fInal map referenced in other conditions of approval. However, Condition No. 74 did not indicate whether the Telegraph Canyon Drainage DlF (TCDDlF) and Park Acquisition and Development (PAD) fees were to be paid at the time of approval of the MFM or upon approval of subsequent final maps. The proposed amendment to Condition No. 74 clarifIes that the TCDDlF and PAD fees are payable prior to approval of the final maps which create individual lots as depicted on the approved tentative map. Staff recommends that Condition No. 74 be amended to add the following: "The Telegraph Canyon Drainage DlF and Park Acquisition and Development fees applicable to the property to be subdivided by the master fInal map are due and payable prior to approval of subsequent fInal map(s) med over said property to create individual lots as depicted on the Rancho del Rey SPA III tentative map. " The MFM for Rancho del Rey SPA III has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the MFM constitutes acceptance on behalf of the public portions of Paseo Ranchero, East" 1" Street, Paseo / /..,). ,C\ l Page 3, Item~ Meeting Date 11/22/94 Ladera, Paseo Entrada and Buena Vista Way and acceptance on behalf of the City of Chula Vista easements for installation and maintenance of traffic control, drainage and sewer facilities all as shown on the MFM. The developer has processed plans for the construction of the following public improvements: 1. Paseo Ranchero - Telegraph Canyon Road to East "H" Street; 2. East "J" Street - within subdivision boundary; 3. Paseo Ladera - Telegraph Canyon Road to East "J" Street; 4. Rancho del Rey SPA III Outfall Sewer - Paseo Ranchero to Paseo del Rey. The developer has satisfied all conditions of approval applicable to the MFM, executed a Subdivision Improvement Agreement and provided bonds to guarantee construction of the required public improvements. All applicable fees have been paid, deposits submitted and a bond provided to guarantee the monumentation for said subdivision. VILLA PALMERA HOMEOWNERS CONCERNS At the August 23, 1994 meeting, Council directed staff to meet with the Villa Palmera Homeowners (VPHO) to answer questions raised by the written correspondence submitted by Ms. Claudia Diamond concerning the improvement of Paseo Ranchero. Staff has met with Ms. Diamond and two other members of the VPHO. An informational item from the Planning Director containing staff's responses and a copy of Ms. Diamond's letter are attached as Exhibit D. Ms. Diamond has been notified that this item is being considered by the Council tonight. CEQA CERTIFICATION All CEQA requirements for this project were met when the Tentative Map was approved by Resolution 16222. No other environmental review is necessary. FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final maps will be reimbursed from developer deposits. Attacbments: Exhibit A - Council Resolution No. 16222 & Minutes of7/18/91 Council Meeting /i,r S~A-NNE!> Exhibit B - Rancho del Rey SPA m. MFM Exhibit C - Location of offer of dedication Map 12519 Exhibit D - Memorandum to Council from Planning RE Villa Palmera concerns ExhimtE. Dfficlosme Statemem Pile: BY-311 F:\HOME\BNOll'lEBll\AGBNDA\rdn3mfin.1mc 112294 II' J 1/1 -~i f' .-;- ',1 L '. ., tt. t ' J . . . . . . ~'l // u~A USOIm'JON .0. ''''-'l.'1. USOZ>>1'JON OF DE CJft COUNCIL OF ftE CJft DF CII'ULA USTA APPROVING '1'JIZ IJ'EN'l'ATIVE 8U8DJVJIJON IIAP FOR , aANCHO DEL UY aZCTJONAL ~JNG AREA cap~) Xli, CII'ULA UaTA BACT .0-02 . . "'_nZAS, a lIuly ...dUed eppUcation for a ~antativ. .u.dlv1.10n aap va. fU.d vlth the Planning Dapart:a.nt of the City or Cula Yiata on .oveabar I, 1111 a.y bneho 1181 ..y .artnarablp, and wa~. aald appUcation ~.fIU..t.d the 8Ub41v1alon of approx1aat.ly 405 acr.. into ndd.nUal lot., open .pac. are.., a .ehool lot, park and oo.aunlty purpo.. facUlty lot, and , '-a-zAS, th. Planning eo.al..lon ..ld an ady.rU.d pu~l1c .earlng on .ald pro'.ct on Kay I, 1"1, and contlnu.d to Kay 22, 1'11, and WnuJ:AS, 1:h. City council ..t the ~1ae and plac. tor a ..arlng on .ald tentative .ubdlyl.lon aap application and notice or .ald .earing, ~ether vlth ita purpoae, va. .iven by it. pUblication in a new.paper of .eneral circulation in the city and It. aalUng b propeny owner. vlthln 300 t..t- of the exterior boundarl.. of the propeny at lea.t ~an lIay. p140r to the ..ar1ng, and . '. .~, 1:h. ..aring va. .81d at the ~1ae and plac. a. adv.ni..d, ....81y ,.00 p..., ~. 11, 1111, in the Council C....r., 171 Fourth Avenu., "for. the City council and .dd Maring va. 1:har.artar clo..d, and '--ZU, 1:h. City council noart1fi.d aa-It-10, vlth atat...nt of OVerriding Conaidarationa, and a..ociat.d MitigaUon IIonltoring h~.. tor Jtaneho lid "y DA X%I. .OW I to.. "".ZFOU, H D UsOLVED I'IIAT 11m CUI' OOUNCJL find. a. follon. " ....unt _ ..ctlOJa .'4n.1 or the autivl.lon Kap &c1:, the "tatlva AWlviaion aap for .aDCllao ..1 ..y ..ctlonal Planning araa CDA) UJ, Cula Yl.ta I'nct lID. ,o-D2, U found b .. in eonforaanoa vlth 1:he ftriou e1aanu of the City'. aanaral Plan ....d on the following. . 1. ft. .lu ia pbyalo&11y .ulUlala fcpr nald.ntial ".v.lopaant ad 1:h. propo..l oontora. b all .tendard.. ..UlaU...d a.y the City for ROb pro'ecta. 1 ~ //0 . . 2. .~ - :I. ~. d..ign of the aUbaivi.ion vill not aff.ct the ~ existin; 1aprov...nts - str..t., aew.r., .tc. __ r, which bav. be.n d..ignecS to avoid any a.riou. pro))l.m....... ft. prot.ct Is in autlst.ntial oonfonaanc. vith the Cbula V ata. ..naral Pl.n al...nt as follow. I e. ltand U.. - '!'ba proj.ct is oon.istant with the Gen.ral Plan, al "ncho dal ..y Specific Pl.n anI! 'the SPA III Plan Which d.sign.t.. the prop.rty PC -Plann.d CoJIImunity, with a vari.ty of l.nl! u... and ~..id.nti.l d.n.iti... a.. Circulation - All of the on-.it. and off-.it. public atr..t. ~.quir.d to aarv. th. aubdivi.ion ar. con.ist.nt with the circulation .l...nt of Cbul. Vi.t. G.n.r.l Pl.n and the oircul.tion propo..d wUhin the al ..ncho del ..y Specific Pl.n. '!'bo.. f.clliti.. vill .ith.r be oon.truct.1! or In-li.u f..~ p.id In accord.nc. vith th. Rancho d.l ..y SPA III Public F.cilitl.s Financing Pl.n. Boudn; - A 10v and aodar.t. boudn; progr.m vi th an ..t.))lish.d ,oal of I' low and ., aod.rat. vill be !mpl...nt.d .u))j.ct to th. approval of the City'. Hou.ing Coordinator. Comput.tion of the aatlsfaction of this condition viII includ. the entire al ..ncl\o del ..y Speci(ic planning Ar... .. . . . . Con..rv.Uon and Op.n Spac. - .. proj.ct provil!e. 148.3 acr.. of op.n .pac., 36' of the total 404.' acr... Grading ba. been 11ait.4 on blllside. .nl! vradlng plan approval wll1 ~.quir. th. ~.v.;.t.tlon of .lope. In n.tural .e;.tatlon. Approval of aIR-II-1O lnclud.d th. adopUon of a aitl;ation aonltorlng program outllnln; the aitl,ation ....ur.. r.quir.d for project lapact. on 9.01091, aolls, 1:>>101o;y, air, watar, cultural ~.sources, l.nd fora, tranaportAtion and utility .ouren. c. d. e. Parks and .acr..Uon - I'ba project ,,111 be ~.apondbl. for th. bprov...nt of th. 10 acre net Ildyhl:>>orbOod park and payaant of PAD t..s or add tlonal iaProv..nu as approv.d IIy th. Director Para and "cra.Uon. In addition, a vaU ay.ta will be bpl..ntad through th. aouth I.; Of Jl1ca Canyon, oonnecting with othar open ap.ce araa.. t. adalc aafety - I'b. bncho d.l ..y alt. is cros..d IIy th. z.a ".cion Fault lone Which has one 2 .. V //-? " " '"'" ~' Q . . . l J t- c. . ( 9. proaln.nt f.uU, lr'Uftftlng DOrth to .outh, with oth.r pot.nti.l ~.e... lb. aitlgation aonitoring Pl'OlJZ'u .dopt.d with EIIl-It-lO provid.. tor ....ur.. ~o .. ~k.n ~o aitlg.t. the tapa ct. of ".velopaent ill ...ocl.tlon with th. t.uU aon.. ..t.ty - lb. al~ w111 .. within th. thr..bold ....pon.. ~1a.. for tlr. and pollee a.nie... '1'h. pro,.c:t: w111 iller.... the Mac! for additional per.oMel, a.ov.v.r, th. City i. pl.nning to ...t that M.d with .ddltional ~evenu.. provid.d by thia pro~.c:t:. .ublio P.ellltl.. .l...nt - Ibl. pro~.c:t: 1. obllgat.d 1n th. conditione ot .pprov.l w provide .11 on-alt. .nd ott-.it. tael11ti.. D.o...ary to a.n. thb pro~.ct:. In .ddition w that, there .r. oth.r ~.gional t.el1ltl.. vblob thi. proj.ct ( ~09.thar wlth .PAa Z .nd II) i. contributing to, lnoludlng a publio libr.ry ait., tlr. atation al~., and tir. ~a1nlll9 t.0111ty alt.. '1'h. aubc!ivl.lon 1. al.o OOfttrlbutlng to th. ctay Wat.r Diatrlc:t:'. iaprov...nt ~.lI\l1r...nt. ~o provide ~.raina1 vat.r .tor.g. for. thb pro~.ct: a. w.ll .. oth.r ..~or proj.ct:. In th. ..a~ ~itori... 11018. - ft. 1Iftlt. w111 .. ~.lI\llr.d w ...t the at.ndard. ot the vae with ngQd ~o .ooapubl. lnt.dor Dob. l.vel.. : ~ . b. b. 1. .eenio IIlghway - lb. proi.c:t: lllca. Dot .tt.ct: thb .l...nt ot th. Gen.ral .l.n. .1oyol. aout.. - .1oyol. path. ar. provid.d along hl.9l'.pb Canyon ac.d, ...t _..w 8Ue.t and ....0 . "nobaro aced .. ahown In th. C1z'ou1ation .l...nt. ,. , .ubllo aul1d1n;. - 110 pUbllo ~11dln;. ar. plann.d for th. .1~. lb. pro'.~ ahall .. Abj.ct: ~o aCT and D%F t.... ~n.n~ U ..ct:lon 11412.2 ot th. 8ubdlv1alon "p Act, the counc11 octlli.. tlaat 1~ .... oonaldand th. .tt.et of thl. .pprov.l Oft th. bouln; DHc!a ot tIaa "9ion and .... ..laMed tboH Mad. ...1n.t the .-110 ""10. ...IS. of the ~ld.nta of th. City ana the .vailabl. tl.oal and envlnManal riaounu. fta .....lop11.nt will pJ'ovld. f. . ftZ'laty of Iaoulltt ~ tra .1ngl. 'ully lII.taob.d ..... w .taob.d alftgl. tully .nd aanlozo bou.1n;. In .dlSlt1on, th. .ddr.....nt w k. .. ~ .~ ~ )/-; . . j \' , . 1. , \ 2. s , .. f " s. Provldl1 a percentage of low and aoderate priced IlDUSing a in keepin; with n;ional ,oala. fte oontl9U'aUon, odentaUon and topograflhy of the .lu partially allow. tor the opUmum aiUng of lot. ~or pa.alve or baturd .eaUn; and oool1n; OPportunltle.. . ....""" U .Z J'l' rUA;j,A&iK USOL'VED 'J'HAT '1'BZ ft:NTA'lIVE 8VBDIVISION !lAP ~or "nebo del "y SPA %11, Chula Viata I'ract '0-02, ia aflflroved eujeet: U tile ~ol1ov1.ng COnd1t:lonsl . ..ft.r.t/Pp.t~ft.rv 4. 'l'he ~110 Paol1lUe. Plnan;ing.,nan ahall be followed with laflrovaanu In.€"aii.crInaccordanc. with add plan or a. ~equlred ~ ..et thre.bold atandard. adoflted by the City of Chule Vlate. %n addiUon, the ae;uence In wbich improvement. are conatruet:ed ahall corre.pond to an)' future Ze.t Chula Vista !'ran.ponetlon Phadng Plan adopted by the Cit)'. 'lbe City En;ineer and Plannin; J:lirector .ay at their discreUon, aodif)' the aequence of laprov..ent oon.tructlon ahould oondition. cban;e ~ warrant auob a ~evlaion. A1.1.. .i~~:11o~..~.c'-~.~~_t~ '-~~.1d aJ.;nHieal'lt: .ff,gU~.lIlil!Al!I .J ~. ,aUon .lIon.1torjn;bogr~" tor Zl\vironaental Imfllct .., j .eport EIR-It-l0 a. re;uired prlpr_~o..J'..1naUD..approval, are hereb)' incorporated.... .R.ondi1;lon._of.appro~l. The J:lirector of 'Planning .a)' .Ddif)' the ae;uenee of aiti;ation at hi. di.cretion ahould c:bange. warrant auob a revldon. . 'l'he developer ahall Coapl)' with ~e ~unl~y .Purpo.e -"acUity Ordinanee. 'l'he are.. propo.ed to abow oompllance with add ordinance aha11 be provided prior to approval of the first final ..p. Area. of con.ideration forliU.-UUcaUon n.t be within be area. of SPAs %, %1 or III. amendment to the Zl "neho del .e)' Speclflo Plan and .ectional Plan Area. _)' .. Mca...ry to aocoapliab oo.pliance. ~l~1;~..fl.nal ..p approval ~or Pha.e 1, a Preci.e Plan ahall be ipprovad a,y the Ci t)' Councll detailin; ttili -'.u.1uMnt J~f_th. fpecla11;y .Boyainl..Project. 'l'he preciae plan ahall InCIude but Tliliiit"""'D.iilted ~I detalling the density of the variOD portions of the pro:tect:, idenUf)'~ the aaount of ncreational and Qen apace ~aoll1tlaa, detalling the financial arran;...nta avaUa~le ~ p~aed unant., idenUf)'in; the a,e l1ait:a and an)'incOlle nquiraaanu of tananta, and abOlllDg the percent of the pro'ect ~or aala or ~t. . .. k :;> ~~J/-r - '. . . e. .. Ii ~ e ( . .e t " pr..~. _ .l""~.-e.__.v aft&! rBmr8V...t'lI~. klor to any final Mp .pproval for .h... a or J or any unit tIIlveof, till. .eveloper ..11 0~.1n all Me....ry rlgbt-of-way for tile con.trueUon of the unlaprov.d off alte POrtion of h.t -07- 8tre.t w..t of ....0 Ladv., frOll aiv.r Aah Driv. to aae! O.k Pl.ce. fte dav.loper ..11 OOftatnct the unbprov.d off alte portion of ...t -07- ftn.t w..t of ....0 Lad.r., frOll aiv.r Aab Driv. to Jled oak .1.c., to . Cl... II Coll.ctor ~nd.rd, exc.pt that the . foot ald.walk My .. a.phal t OOftCl'.te ilulte.d of portl.nd ...nt concr.te. ft. con.tncUon of th... bprov..ant. .ball .. ~ante.d prior t:o final ..p .pproval for .h.... a or 3 or any unit tIlereof. !'he aubcl!vld.r ..y n;u..t the tcmaaUon of . nlllbura.ant diatrlct tor the.e off-.lte bprova.nt. 1n aooordanoe w1th ..cUon 11.10 of the Ilunlc1pal Cod.. ft. .ev.IOPar .h.ll re;u..t the vac.tion of th.t portion of ....0 Kargu.rlta .. MC....ry to accoapli.h the d.dgn .. .hown on the tentative ..p. .dd vac.Uon _.11 .. .cCOllpl1.b.d prior to the approv.l of the final ..p for .h... a, Unit 3. ft. off ait. portion of aa.t -J- .tr.at adj.c.nt to Bu.na Vi.ta .a)' ahall .. vrant.d 1n f.. to the City for Open Ipac., public utUltl.. .nd oth.r public ...... !'h. vrant of thb propart)' .all .. compl.t.d prior to .pproval of . final ..p for Ph... J, Unit J. '1'h. d.v.loper ah.n .nt.r Into an .vr....nt to not oppo.. the Includon of thia propart)' In Open ...c. Dlatrict , ao (Ion. 7) pdor to .pproval of .n)' tln.l ftap tor bnebo del by IPA III. '1'h. ..v.loper ah.ll be r..pondbl. for the oo.t. ...oel.ted with .nn.xlng thl. property to qp.n ...e. Di.trict , aD. .. ft. ..veloper ah.ll be r..pondbl. t~r the DOft8tnctlon of off alt. _rov..nt. at the "..tvl)' and of ....0 d.l Wort. 1n the C... ..1 a.)' aubcl!vlalon. D. oonatnctlon of the.. .. uprov...nt. .hall be guar.nt..d prior t:o approv.l of the final up for .h... a, Unit a. A caah d.po.lt va. pr.vloualy ..po.lted with the Cit)' to pay the co.t of thla work. D. uount ..r;ltad 1a av.U.ble t:o the ..veloper tor oonatncUon .f till... rov..-nt.. . - r\ . io., klor t:o final up approval for Rae.. 1, the davaloper ahall Co/ ..dlcat. additlonal dght-of-v.y alOftl the frontag. of the p-opvty OIl ...t -.- 8tn.t t:o provide a ao ~oot parkway (axl.tlftg IlUZ'bllfte t:o ~operty llfte). .al. .... ..veloper ahall .. n.pou1bla ~or ~lOft of a a1d.valk/ncr..Uonal pathway alOftl the anUn f""tag. of aubi.ct property Oft ...t -.- 8treet from ....0 1tIm..ro ...tvly t:o ....0 ..1 by t:o the uU.f.ctlon of the City Enllna.r, Dlnctor of .1annlftt and the Director of Pub and bcr..Uon. ft. oon.trucUon of th... iaprov..-nta ahall .. guarante.d prior t:o final ..p .pPl'ov.l for .h... 1. .. '7. I. ,r )///. ~ ""!L ___ ~~ . 12. :~ j~ 13. ... .15. . . ; 11.. ft. lI.v.loper ahall be r..ponsibl. for th. con.truction of vid.r .ld.v.na at: tz'anaU at:op., a\lb~.ct: ~ th. approval of the City ang1naar . fta final lI.sign of ....0 "nchero Rall includ. al;ht foot vid. laJldac:ape ......nt INff.re a. r.;u'1r.d by th. .tr..t Design at:andarda or be ad~oln.d by an open apac. lot at l...t .ight f..t: vld. vlth alop.. no vr.at.r than 1.1, exc.pt In the followln; ar.a. w.r. the final d.sivn ahall be aub~.ct to the approv.l of the .lannln; Dlr.ct:or, Land.cap. ArehU.ct .nd City Zn;ln..rl a. Ad~ac.nt to the lot. front In; on Cabo eelabuo, Call. Cand.l.ro and Planto Miral..t. vh.r. a apeclal alop. and rat.inln; vall d..l;n vill be l.pl...nt.d; ~. Alon; the :runior Bi;h .chool alt.; o. Alon; the exleUn; Laden Vl11.. anlS Miasion V.rd. .ubc!i vidon. w.r. exletin; condition. ahall ~in; .nlS II. Ad~ac.nt to th. out~parca1 own.1S by the Chula Vleta School "'" Dlatrlct. ..' " ft. final 1I..ivn of East -3" .tr..t ahall Includ. 1.5 foot vid. l.nd.c.p. ......nt tiuff.r. a. re;u1r.d by the .tr..t Desi;n .tand.rd. or be .djoin.d by an op.n apac. lot at l.a.t 1.5 f..t vld. vith 1:1 aaxl.um ald. .lop.., .xc.pt In th. fOllowing location. Wher. the final d.sivn ahall be a\lb~.ct: to the approval of the Pl.nnin; Dir.ctor, Land.cap. Arehit.ct: and City Zn;1na.rl a. Alon; the park aU.; ~. Alon; t:ba ao corner Iota at: th. Int.ra.ct:lon of East -3" atr..t and Camino Ki.l (Iota I:t and .7 of Pha.. 2, Unit 1) and th. aouth.a.t oomar lot of ...t -:r- atr..t anlS Cabo capota (lot .5 of .ha.. 2, Unit 2) I o. Adj.oant to th. O1It-paroal own.1S by th. Clbul. Vlata Ichool Dbtrlctl and . II. Alon;"'I:b. exleUn; ..1 Mr. aid;. aubdiv1alon wbar. ex1aUn; oondltlona &hall &'aMin. . All "tainin, valla which interface .lth th. PubUc atr..t .yat_ ..11 be oon.truct:ac! to aatch th. "nc:h "ncho del a.y "'" .PA %%1 Dadvn auid.Un. atandard. for ext.rior ..11.. l ., //-/ t? . . , . ~ . - J . " ;. 1 '. S7. fta .eveloper eh.ll " n.ponalbl. ror ClOnaU1leUon of full .u..1: !aprovea.n1:. ror all publle and prlva1:. atr.et. .hown on t:.b. 'l'enb1:1v. Map wlthln 1:11. aubdlv1alon ltolmd.l"JI and for the ClOna1:z'ucl1:ion of off-.l1:. iaprov...nt. 1:0 ClOft.U1aet ....0 aanebaro, ...1: .J- .ua.t and ....0 Ioad.ra .. abown on the 'l'enbUv. llap, to 1:11. .aU.f.otlon of 1:11. Cit)' bglnaer. ..ld iaprovaenu ehall inolud., llut .ot " llaltad b, a.phalt' oonc:r.1:a pavaa.nt, ...., ClOner.ta curb, pttar and .1d.walk, ..var and w.tar utl1Iti.., dr.lnag. tael1Itla., .tr..t 11ght., .llftll, ~h'a b)'dr.nt. and ".naltlon. to al.Ung laprov...nt.. auaa1: 1ntar..etlon .p.elng .. abown on 1:11. 1:antativ. aap 1a Ilarur approvad. ' s.. &11 t:.ba aua.u ehown on 1:11. lJ'ant.Uv. Map wl1:l11n 1:11. auWlvialon IloUftd.rrl except priv.t. atr..t., eh.ll " dedleated ~or public ... Des 1ft ot aald atra.ta eh.ll ..et .11 Clt)' .t.ftCIar4a. . St. A tuporary turn.round conformll'1g 1:0 CltI .tandard. .b.ll be providad at 1:11. and of .tr.et. bevll'1g a .n;tb 9l"..t.r than 150 ~a.t, ....ur.d troe the c.nt.r 111'1. of 1:11. ...r..t 1I'1t.r.ectlng .tr..t 1:0.1:I1e c.nter of the cul-cS.-..c, exc.pt a. approved by th. Ci1:)' Zngll'1eer. CUl-d.-a.c. al'ld kI'luekl.. .ball " d.dlft.d and wilt in accord.l'lc. with Clt)' abnd.rd. unl... oth.rwi.. approved by the Cit)' Znvlne.r. 20. w~~ ee"~{aur.~~ ~. 11. . . . ~ol'lbV. on all lota 0.11 be a alnl.. of ;s t..t .t the Z'ight- of-w.)' 111'1. .xc.pt a. approv.d by 1:11. Clt)' bgll'1..r. 'lbia condltlol'l doe. not appl)' 1:0 tlag lot., a. d.UI'I.d in the IIUI'lic1p.l Cod.. . loot lin.. ab.ll " locat.d .t the top Of alope. except .. approv.d b)' 1:11. Clt)' bgll'1..r. Jrh..n ad~.c8l'lt to open .pae. lot., propert)' 111'1.. 0.11 ... locati! '. all'lbD. 2.1 t.et from ~!IL~P_. ~l.._.10'p.. . ft. preparation ot ~ina1 _.. and plan. ~or 1:11. locaUon. '11.ted "low ab.ll ... ourl.d out 11'1 .c:cordaftca with 1:11. ~ol1owift; odtada ural... otherwl.. ..ppn....d b)' 1:11. Clt)' 8n;l..r and Director of'laNWagl . a. ....,u. a aiftiInaa SO tae1: ~roa the DDt~ of ....0 "neb.ro aNI ...t .J- Itnet to lota . uti "11'1aa.. I, IJft1t 2, to 1*ov.1d. .ad41tional _tt.r and tnu tl_ area at 1:11. . DDrMr. 22. 23. . It. ~ov.1d. a padeatrlan t:bnu;hva)' htve.n lota 2.10 and 131, .... I, Vnl1: i,' troe c..lno calabalo to a..t .J- ft.r.et ac:ro.. tra 1:11. .cbool and park .lta.. Il,j I .II- _~ i ;It .;' . LD~ 121 or Pha.. 2, vnlt 1, ahall be wld.n.d to . .1~i.um SO roo~ vldth ~o accommodat. a combined .lope and .aximum 5 roo~ r.ulnln9 w.ll. !'hia 1. ~o avoid. -tunn.l" effect """' cr..~d a~ aide 10~ line.. J LDb , and S, Ph..e 2, vnl~ , ah.ll utUbe .axlmWll 5 foot. .1gh r.u1nln9 w.ll., end/or a combination of r.tainlng "alla and crib w.ll.. ' e. I'z'ovld. a dUferent ... ror .ach of ~. portion. of .ala&&~ Court; 10ca~ed ~o ~. ...t and weat of ".t """ au.et and ~e portion. of I)or.eSo Way located ~o the .ut and ves~ of Camino Xlel. c. d. ~r..~ ~../ne." aeaea 24. 25. 21.. 27. 21. 2t. fte dev.loper all.ll grant ~o ~. City atre.t ue. planting .nd .aln~.nce ......nt. aloftlJ all public atre.t. a. ahown on the "enta~lv. Xap. 'Ih. width of add ....m.nt. ahall be a. outlin.d in the Cl~Y'a Str..t De.l9ft ItaneSard. Polley. 'lbe d.v.loper .all be re.pon.lble for atr..t u... In accord.nce with ..ctlon 18.28.10 of ~. Chula Vl.t. Municipal Cod.. 'lb. u.. of con.. ahall be InclueS.eS vb.r. n.c....ry to r.duc. the lapact of root .y.t... dl.ruptln9 .djac.nt aldewalk. and rights-of-way. All open apace lot.adjac.nt ~o public r19ht.-of-vay ahall .aintaln . width ao a. ~o provide 10 fe.t or land.caplng --.. ua.ta.nt behind the back of ald.walk.! . Xaint.nance of all facl1ltl.. and 1.prove.~nta.wlthln open apac. ar.a. cover.d by ho.. owner. a..oclatlon. eball be cov.red by CC'Ra ~o be autllll tt.IS .nlS approv.IS by ~. Pl.Ming Dep.rtment prior = approval of the a..oclate4 final "51. Prior ~o the approval of any final .ap, ~e developer' ah.ll requaat in vritln9 that .alnt.nance of all racl11tie. and _ laprov_ents vi thin ~. OPen apac. area a..oclatelS with auch "51 ahall be the re.ponalbUlty of tha bncho d.l ..y Open Ipac. llalnt.ananca Dlatrlct. Prior = approv.l of ~. flrat final "51, a ooaprehenl1v. landacape plan .all be a\lbal~telS for :reviaw end approval of th. Cl~y Landecape Arobltact: anlS Dlractor of ..ru anlS "creation. Prior = approval of aach final _51, ooaprehanaiva, detaUed landacape anlS irrigation plana, erosion control plana aneS dauUalS ...~ar ..nag...nt gulde11ne. ror all lendacape irrigation ahall be auba1ttad 1n accordance vlth the Cbula Viata Landscape Kanual ror tha aaaocla~ad land.caplftlJ 1n that flnal "51. 'lbaaa dataUad lanlS.cape anlS irrigation plana ahall be for the review and approv.l of th. City &.andacape kchlt.ct: and Diractor of paru and bcreation. fte 1.neSacaplng foraat; within th. projact .all be to uphaab. uUft, drought tol.r.nt plant!""lllo. ..tar!.l. axoepUona can .. _d. for ara.a nere racl.lmeeS, ;IJ> ., -~'). . )/--/~ :2~~ . " . watu I. excludvel)' ...lS. !'b. coapreh.n.iv. 1.nIS.cap. plan. . ehal1 addr...: . -.i .. . . ( .. .lope .nIlanc...nt .nd lanlS.cap. u.ata.nt for the .lop. in Open _ace z.ot A, Pha.. J, Unit " llen.ath the .7unlor Hi;h 8c:bool lot. I'b. plara ahall .dlSr... and provida for ..tv. ab. plant aat.da1, tIoullSer work and/or _ttr... vork on th. .lope. . tI. A aaturaU..lS ~avagataUon progr.. for ar... of .ralSira; ira epen apace lot., which aa)' iraclulS. teaporU)' in'i;aUon. , o. fta d18turlled -nativa- .raa. within -"lagraph Can)'on ltoalS open apaca oorrilSor. '1'h18 .r.a ahall includ. u.a ~ouplng. or ua. grova.. !'b..a plantiqa ahall lie u.at.lS a. ~ando. plaraUng. anlS .hall lie ilSanUfialS ira at l.aat .ix araa. .10rag the oordlSor vith .ach locaUon provilSln; planting. of 10 to 100 ua... I'b. ..act INIIber of u... .nlS 10caUon. are to lie .pprov.lS b)' th. .lannlra; .Departaant aralS Daparta.nt of Park. anlS bcraaUon. I'b. intant of th... grov. .r.a. i. to provilS. a cons18t.nC)' wlth .xbUng orov. .r.a. ira the op.n .pac. corridor ...t of the Rancho "al ..)' SPA IJI ar... '0. Prior u .pproval of the Uz:G final aap, d.t.U,,-_'bowlng the locatiora arad d.dgn of the traU .)'.t.. arad a _lgn progra. ahall lie .ublli U.lS to and approvalS I>y th. Dir.ct... of .lannin; anlS Park. .rad bcr.aUon. ft. tral1 .)'.t.. ira th. open apac. lot. ahall lie . .1rala.. I f..t vllS. withlra ara . foot bori.ontal cl.ar apac. arad a 10 foot v.rtlcal cl.ar apac.. J'b. ...oclatalS .1gn progr.. ahall ilSanUf)' tha u.U n.twork in the open apac. ar.a. anlS coran.cUng alorag ....0 "racharo, u th.- ut1af.ct1on of th. Diractora of .lannirag and .arka and bcr.aUora. 31. Prior flnal .ap approval for .ha.. " .Unit , anlS Ph..a .., "ralt :I .. ahown ora the ".ntaUv. Nap, cro.. aactions ahall lie auba1ttalS to aralS approv.lS I>y the Dir.ctor of Pl.raniq and Cit)' "'glra..r illu.traUrag th. lnt.rfac. wh.r. th. U.U 1a locat.1S alSjac.nt ~o th. drainag. dltch alorag 'J'el.graph Cara)'on ltoalS. !'b. f.nclrag of th. drainag. charanel ahall .. a..th.Ucall)' pl...1rag lraClorpOraUrag th. .. of plaraUq., atU..triara t)'pe fenelrag aralS "ira)'l olalS f.racirag. !'b... cro.. ..ctions and d.C01"aUv. f.nelrag progr.. ..)' lie inolud.d with th. DDapz'aenaive landscape plan. Pence .at.. aball lie provld.lS at locaUons .~OYed b)' th. Cit)' "'giDaar to allow ..lDtenarace of tha drainag. lDbanraal. . >>.rk. al. .... daveloper aIlall lie obU.atelS for aI.1 .... of ~land a. "..crlllecJ 1ft th. a=~A Plara, .IDoldl,. land, and/or fa.., and/or acJlSltional nt., in .ooordance with the .arklanlS DedicaUon Ord1raance. I'ba .ctual final ...ag. will nlat. to t:b. ..-t.v of units approved with th. final aap..' !'b. park locatalS in Pha.. " Unlt .. .ball lie a .1raD_ 10 ...t .ubl. .cr... >>nlgn anlS d.velopaarat of tha park ahall lie .".. _ -a __9.... / /~ /3 . ,J. . , auject; U the .pproval of tb. City'. Director of Part. aneS "cr.ation .nd .hall confona with tb. park ...t.r plan td be adopted by th. City Council. J.. An actequate INner and ..paration of 10 fe.t .hall be provicS.I~:' "twe.n the re.idantial lot. .t the ea.tarn aneS of Palazzo coUr~ and th. exi.tln; park faciliti.., to tb. .ati.faction of the Dlract;or ofP.ru and "cr.ation. .olution..y lnclueSe but b Bot U.aited to ralocatin; an exbtin; tannb court or lot nd..ign. JI. A .inbNa 20 loot wid. .cc... corridor .hall be ..intain.eS at the end of ....0 .al.no where tb. cul-d.-.ac .but. the .xbtift9 park. .aid area .hall be ..d. part of the .ark. Detall aneS . ..dgn of th..eea.. .hall be .ubmitt.eS to .nd .pprov.eS by tb. Departaant. of .lannin; .nd Park. .neS ..cr.ation pdor to final aap approval lor Pha... J, I1ni t 1. r oJ . .. ... ar.d{~s/Dr.fft.a. II. n. II. It. co. C1. . An aro.ion and ..eSi..ntation control plan &ball be pr.par.eS a. part of the 91"adin; plan.. 8p.c1fic ..thoda of haneSHn; .tona draina;. are .ubj.ct to ..tailed .pproval by tb. City En;in.ar .t tb. ti.. of .ubmi..ion of laprovem.nt .nd vrading plan.. De.ign .hall be .ccompli.h.eS on th. bad. of tb. r.quir...nt. of tb. .ubdivbion Manual aneS th. Grading Ordinanc. (No. 1'" .. ...nd.eS). ~. d.v.loper .hall .Ubmit calculation. to d..on.trat. complianc. with all ~ dralna;e requirem.nt. of tb. .ubdivbion -:nUal. ;:;. 1 Grading proposal. .hall be r.view.d and .ppr~.d by the city Zngin..r and Director of Planning for consid.ration of belanc.eS cut .nd 1111, utililation of .ppropriat. .oil type., eff.ctiv. land.caping .nd r.v.g.tation wh.r. applicable. Grading .hall occur in ..parate ph.... unle.. . .in;le pha.a operation b .pproved with the vracUng plan. A letter of perab.ion for vraeSinv .hall be obtaineeS from .DelE prior to .ny vradin; within or .eS:1ac.nt to..n .DO'I: ea.em.nt or Which would affect acee.. thereto. . '!'be .eveloper &ball .ake . na.onable .ffort to obtain pend. don to grade the .lope. alon; .uena V.l8ta .ay .t the foraar inter.ection of ...t -3- Street. If perabalon to vrad. aaid alope ia not rea.onably .ttainable .. detera1naeS by the ei ty Zn;lnear, the regrading of tbe.. .lope. ahall not be nquired. '!'be prov.l8ions of thi. concSition &ball M coapUeeS wlth prior u .pproval of tha linal up lo~ Pha.e J,.1Jnit :to Prior u .pproval of .ny linal aap for .ingle lem111 nalcSential ... the .eveloper ahall aubmit a li.t of proposed ot. WIoatin; _ether the atructure will M located on IU1, cut or a tranaition Mblaen Wo aituationa. ~l .ae- -t ~~~/-/y . . " - . - I ~. t .2. .J. ... a.w.r 45. .1. .7. .1. Lob ah.ll .. a" gr.d.d .. 1:0 drain 1:0 1:b. .tr..t or .n .pprov.d dr.inag. .)'.t... Drainag. ahall not _ ..raitt.d t:o flow ov.r alop... lot. 71, 72 .nd I' of Pha.. 2 unit 1 ahall _ d..lgn.d ao t;h.t th.r. wll1 _ no _gaUv. gr.ding or draina,. upact. to . t;h. .d,.cant off-ait:. properti... . tlrad.d .ooe.. ahall .. provid.d t:o all pBllc atora drain aUvRUZ'.. including inl.t and outl.t aUuRUZ'... Pav.d .cc... ehall .. provid.d 1:0 drainag. aUuRUZ'.. locat.d in t:h. r.ar 7ard of an)' ".idanU.l lot or .. .pprov.d I>>)' 1:b. Cit)' Engin..r. ft. ... of huld.r. In .inor draina,. _aln. .nd .n.rvy dla.ip.tor. In 1:b. canyon and open apac. er.a. in t:h. aann.r approv.d I>>)' t;h. CU)' Engin..r and Pl.nning Dir.Ror, is encourag.d t:o .llow vat.r 1:0 _ captur.d and 1:0 allow t.r... to 9Z'ow utUZ'.ll)'. ft. d.velop.r ahall _ I"..ponslbl. for pertorain, ..wag. flow ..t.ring t:o .onitor thr.. a.;m.nt. of ..in id.ntifiad in t:h. .iCk Engin..ring I".port dat.d S.ptaHr S, 1..0 .. ..ction. QR, X1X2 .nd XL. M.t.ring .hall _ acco.pli.h.d at 1:ba locatlon. d.t.rain.d I>>)' 1:b. City Engin..r. M.t.rin, ah.ll _ .cco.pli.h.d prior 1:0 1:b. 1..uanc. of any buildin, perait for IPA JII and _ a-.p.at.d at int.rval. dir.ct.d I>>)' 1:b. City En,in..r. Should any of 1:b... a.;m.nt. bav. ..t.red flova Which fill acr. t:han lot Of t;h. pip. dla..tar, 1:b. appllcant .hall con.truR parallel - I.ciliti.. .. d.terminad by 1:b. City En,in~er. ft. d.v.lop.r ah.ll .nt.r into an .gr....nt wlt:h 1:b. CUi prior 1:0 first Unal .ap G~val provldln, for alllt:eu Indl..d above.-'-. An laproved .co... a-o.d wl t:h a alnia. wldth of 12 te.t ahall _ provld.d 1:0 .11 aanltary aew.r _nhol... ft. a-oadway .hall _ dealgn.d lor .n H-20 wheel load or other loadi.ft, .. approv.d by tIl. Clt)' &n91n..r. fte d.veloper ahall obt:ain perala.lon trom 1:b. Clty 1:0 d.podt a.w.,. in a foreign basin. "h. d.veloper ab.ll uter into an .gr....nt wlth 1:ba Clty a-elaUve 1:0 1:ba diver. ion of a.wa,e prior 1:0 linal _p .pproval tor u)' pha.. or _it 1:ber.of propo.ing aaid diver.lon. ft. devaloper llball _ naponaibl. lor t;ha &'DOYal of t:h. exi.Ung aewe puap atations (llia.ion Verd. and Caftd1evood). ~ior 1:0 .pproval of any linal aap utalling aaid naoval, 1:b. INner and tIla Cit:)' llball ant:ar int:o an .graaaant: 1:0 eRabl1sh tIl. acope of work and 1:b. aaO\lftt 1:0 _ niablll"aad ." 1:b. Cit)' t:o tIla aubdlvid.r lor perforalng aaid work. fta d.valoper aay also &'&qU..t: t;ha lonaUon of . apeelal MWer aarvi_ area 1:0 provld. tOI" t;h. co.t: of connaction of t:ha ern O\1Z'I"utl)' _ing ..rv.d I>>)' tIla Cendlawood puap~ataUon 1:0 tIl. peraanant gravlt:)' aewar " .,.taa. Unla.. otharwi.. approv.d I>>)' 1:b. ~ity Engin..r, 1:b. acope of 1 work at: iloth alta. &ball _ liait.d 1:0 tIl. naoval" ~ dl.po.a oK. , )/-/5 . -t:1_ 1\ ... i i ,,: of equlp..nt, vr.ding, land.caping and con.truction of new . ..w.rlin.. and aanhol.. r.quir.d for connection to the propo.ed bncho 41.1 ltey a.w.r ay.t.lD. Any vpd&1ng of ltancho d.l Ray a.w.r 11ft.. due aolely to the flow ,en.rat.d by the Hiadon 1"-"" Yerde and C&ndlewood ar... ahall .1.0 be includ.d. ..elf!..!! ..~.r ~. " 4.. Prior t:o approval of the a..oclat.d final ..p, the d.Veloper .hall provide on-a it. infra.tructur. to accept and to u.. hcl.liI.d v.ter Wh.n .a ia .vailabl., along ....0 ltanchero frolD l'alegraph canyon acad to z..t -H. Stre.t and .long Ia.t ..7" atre.t ~rea ....0 ltanch.ro to the park ait., per t.he adopt.d >>ublic Facilltl.. Ftnancing .lan. 10. Any coate incurred frea J"~:tC!tJ.~ot1ng t.h. r.clai..d_VatUJY.at.am, Wh.n reclai..d vater HCOID.. avaha~l., _hau Dipaid by the d.v.loper. lIonie. for t.hb ahall be held by t.h. City, through a d.po.it a.t up by the ~.v.loper~- The .1D0unt ahall be determined lby the dev.lop.r;".pproved by the City and In place prior to approv.l of .ach a..ociat.d final map. ..f.P. Fire hydrant. vill be r.quir.d per t.h. Fire Department atandard.. Hydrant apacing i. 500 feet for aingle family and 300 ~e.t tor aulti-family dwelling.. '2. llax1aua hydrant pre..ure ahall not axc..d 150 p.i. /...... '3. Fire bydrant. and roadway acce.. (par City lir. Harahall _ approval) ahall be in.tall.d, t..t.d and oper~tional prior to any combu.tibl. .aterial. placed on-ait.. ,. '1. B3.~ DeveloDer and ei~v ahall have en~ered in~~ : R:~~:~~:e:~:~ .a?.m.n~ vhieh ~rovid.. ~or ~h. d.v.to~. 0 _ .~~ir. . cos~. or reloea~ina Fire S~a~ion No. · .~: :~~ :~~~: e:r:~:~;r .hall hA eo1ftr.an..tad ~or _am. .b~v. and v . '. ~.ir .hare ~h.r.ofa A8r...."~./eev."."~. 14. 15. II. Prior t:o final aap approval for .ha.. 1, Unit 1, the develop.r ahall entar into an agr..m.nt with t.he City to parantee the develop.ant of the parcel apacifically for aanior houaing. Prior t:o the approval of the fir.t final ..p,' t.h. d.v.loper ahall ent.r into an .gr._.~~_~9..:Pf-~lf~:'a ri,ht_*\lnl.1.~...at t.b. ifttara.ct1on of ......0 de1 "y and ...t...... 8tr.et, to the .atiafaction of the Ci~y JEngin..r, if the thrUhold atendard. ~or thia inter..ction a. expr....d in the th.n currant Growth ..naguant Ordinanc. are exc..d.d at any u.. during t.h. d.v~lop.ant of thi. froj.ct. Prior ~o approval of the firat final "P, the d.veloper shall oJ enter into an agr.'t!I.nt t~..Fovid. a park-n-rid. fac1111:y near _ ;r ~ , // -j~ . . . . ~ . , -. th. in~.~lon of a..t -8" .tr.et and ....0 Jtanchero to includa 10 parkin; apat:.., 10 ~lqtl:1a lol:kar., li;hting, traah ~aoaptat:l.. ani! olrculation atripin; to th. aati.faction of the City I'ranalt Coordinator. In addition, a v.nait .top, to includ. . hnc:b, ab.ltar and v..h rat:aptacla, all.ll ~ provided on th. north ald. of a..t -8" .tra.t. A pl.n of .ald t.pro....nta .nd th. ti81ng th.r.of ahall ~ .ubaltt.1S .nlS .pprov.d _ tha City IT.nalt 'COordlnator. ..,dr..ant. of thb oondltlon aay al.o ~ aat ~ d.ISIAtion," ~rov..ent., anlS/or 'inanclal partiCipation In a ,.rk-n-rlda taclllty ...tar pl.n, .. ... .... ti....Uon of ... Ci~~t ~ ~~~ ~ ~i:~ft~~:!i::~:!~:ii::::: ~ F::: ! :~ 17. ~lor to .pproval of aach tlnal ..p, oopl.. of Itropo.alS CClRa tor tha 8UbS1v1alon ahall ~ aubal t:t..d to and approv.1S by th. City Planning Dapartaent. . ~lor to approval of th. tj,.~.U~nal. ..p,' th. dav.loper .h.ll .provld. a aCb.dul~, aubj.ct to th. .pprov.l of th. Pl.nnlng I>irat:tor and City Houdng coordln.tor, .tor. th....veloplD.nt of low incoa. !lou.ln; a. d.Unad In tha .'r....nt ex.cut.1S ~tw.en th. CltI and ltant:ho del Itay ..rtnarahlp per City COuncll ".olut on Ho. 15751 d.talS AuVU.t 7, '1..0. II. It. ~lor to th. approval of any tln.l ..p for th. aubj.ct aublSlvi.ion or any unit th.r.of, th. d.v.lop.r .h.ll obt.ln .11 off-.lta rlvht-of-w.y n.t:....ry for tha lnat.llatlon of r.;uir.1S laprov..ent. tor th.t unit. ft. d.valoper .h.ll al.o provide ......nt. tor all on-.it. and off-.lt. pubrlt: atore drain., a.w.r. and oth.r public'uti1iti.. prior to..pproval of th. fln.l aap. ......nt. aIlall ~ . 81n18um width of . ta.t vr.ater than pipe ab., tut in no oa.. 1... th.n 10 t..t. 10. fte d.veloper aIlaU notify th. City .t "l...t 10 day. prior to conalder.tion of th. tlnal ..p ~y City if off-.it. ri,ht-of-way oannot _ o~ta1n.d a. ra;uir.d by th. COneSi tion. of approval. (Only off-a Ita rlvht-of-way or ......nt. aff.ct.1S by '.ction 16462.5 of th. 'ublSlv1eion "p Al:t v.cov.r.1S by thb oondiUon. .&ftar aald noUflt:ation, t:ba d.veloper aIlaU. .. P.y th. full co.t of ao;ulrtn, off-.lta dtht-of-way or ......nta n;ulralS by th. COnditione of Appz-ov.l of th. tentative "p. IJ. DaPOalt with the City tha ..tlaatad coat of ao;ulrln; aallS ~l,ht-of..,ay or ....enta. ..11. ..t1aata to ~ approv.d by tha City anvlnaar. . o. .... .11 ..aaenb uIJ/or ~lPt-of""y dOCUMnta and plai. .apared and appral..l. ooaplata wblcb ara naoaa.ary to ou...anoa condaanatlon proca.dln;.. .~ ~_ _ ~ )/~/7 d. Zf th. d.v.loper .0 r.qu..~.,.~. Ci~y ..y U.. i~. powers to .cquir. rivh~-of-v.y, ......n~. Dr lic.n... n.e4ed for off-ai~. bprov...n~. Dr work r.1a~.4 ~o th. SOent.tive Map..""'" ~e dev.loper. .h.11 p.r .11 oo.t., both dir.ct an4 L ~ indir.ct incurr.d ~n aa d .cqui.i~ion. ~ ft. requirement. of a, b, and 0 .bov. ahall be .CCoapU.he4 .r1or to th. .pprov.l of t:h. Pinal Kep. . All off__i~. nquir..ant. whlch f.ll undar tha purvlaw of .action .6.62.5 of the .~a~. SUbdivi.lon Map Ac~ wl11 be waiv.4 in .ooordanoa wlth t:ha~ .actlon of th, Ac~ if th. Clty do.. not 1l~1J' vit:h th. 2.20 day U.lution apec!f1.d in t:h.t ..ction. .1. hior to .pproval of .ach final ..p, tha d.veloper ah.ll .nter h~ an .;r...ent wlth the Ci~y ~o includ. th. aUbdlvblon. ln ~e .ello aoo. publlc facl1iti.. dl.~rlc~ Dr .n .ccapt.bl. .lternativ. financlnv pro;ra., aubject to tha .pproval of both th. Cbula Vi.b E1e.en~ary and 1V..tw.~ar 81Vh School Dl.trlct.. Prior ~o approval of .ach final .ap, tha developer ahall enter in~o .n .vr....nt wl~h the Clty wherein he .;r.a. ~o comply wlth t:hat v.r.lon of th. Growth Man.ve.ent Ordlnanca in .ffect at the ~l.e . bul1dlnv peralt i. i..u.4. Such oo.plianca lnclu4.. but i. no~ li.it.d to ~h. th.n currant ".t Chula Vi.ta !Tan.portation Phasln; Plan and th. .doptad Alr Quality Z.prov..ent Plan .nd Watar Con..rvation Plan for Rancho d.1 R.y ~m. ~ Prior ~o final .ap approv.l for .ny ph... OJ" unlt ther.of, th. '" developer aha~l enter into .n .vr....nt wi1;b ~a Ci~y whereby: , . .. ~e dev.loper avree. th.t ~he Cl~y .ayvitbhold bu1141n; peral~. for .ny unl~. in tha aUbject aubdlv1alon if any on. of t:h. tollowinV occur.: . . ; , J ... .2. .3. .c. 2.. .e;lonal d.veloplll.n~ ~e.hold lbllt. aet by the then current .dopted ...t Chula Vl.ta ~anaporution . Pha.1nv Plan hava bean r.ached. 2. !T.ffic vol_.., level of .ervice, public utilitie. .nd/or aervice. .xcead the t:hre.hold aundard. in th. th.n .ff.ctive GrOvt.b Kenav_ant Ordinance. It. ft. d.veloper .;r... that th. City ..y withhold occupancy peralt. for .nr of the pba... of dev.10p1llan~ idan~lfl.4 In t:h. PUblic Pac 11 ti.. Pinanclnv Plan (PFDl for aancho del .ey SPA :ElI if t:ha required publio f.cilit .., .. identifi.d in tha PI'D or a. ..endad by t:ha Annual IIonl~orin9 ~ovr" bava not beeJ? ooapl.t.d. hior to approval of .ach final ..p, th. d.veloper aball a;r.. to not pro~..t th. foraation of a dl.ulct for the ..lntan.nce of land.caped ..dlan. and partway. alOftv auaat. withln .nd I""""\. .djao.nt ~o t:h. aubject property. . ~ ) ..101- ~ //~/r . 1 -I . t -. , ! .1. ~lor to .pproval of each final ..p, the d.v.loper .h.n .nter iat:o an .,r....nt with the City Vb.rein b. bold. the City Iuunal... for any liability for .ro.ion, ailtation or incr....d flow of drainag. raaulting from thi. proj.ct. .,. ft. d.v.loper aha11 ent.r Into an .gr....nt with the City Deruy t:b. d.v.loper agr... to participat. In the .onitoring of exlating and future a.wag. "flow. In the !'al.,r.pb Canyon 1'runk hver and t:b. financin, of t:b. pr.paraUon Of the aa.in 'lan and. purauant to any .dopt.d aa81n .lan, .gr.. to particip.t. In 'th. fiDanc1ng of _rov...nt. a.t forth t:b.reln, in an .quitabl. aanner. add .'JZ'....nt aha11 _ .x.cut.d by t:b. d.veloper prior ~o final ..p .pproval for .ny pha.. or unit propo81n, to lI1ac:barg. a.wag. Into the !'al.graph Canyon t'runk "wer. " " .7. ft. d.v.loper ahall perait .11 franchi..d cabl. televl.lon o~anl.. (-Cabl. Coapany-) equal opportunity to plac. conduit ~o .nd provide cabl. t.l.vi.lon .ervic. for .ach lot within the aUbdivi.ion. ~. d.veloper .hall .nt.r Into .n .gr....nt with .11 partlclpatln, Cabl. Coapani.. whicb ahall provid., In part, t:bat upon recdvin, written noUc. fro. the City that .aid Cabl. eo.pany 1. In violation of the t.raa and conditione of the fr.nchi.. ,rant.d to add Cabl. Coapany, or .ny other t.rm. .nd ooncUtion. r.,ulaUng .dd Cabl. CoIIIpany in the City of Chula Vi.ta, .. .... .ay fro. ti.. to ti.. _ ...nd.d, d.valoper .ball auap.nd Cable CoIIIpany'. .co... to aaid oonduit until City otb.rwia. noUn.. d.velop.r. add .gr....nt ahall _ .pprov.d ~ t:b. City Attorn.y prior to final ..p .pproval. .,. ~. d.veloper ,hall utllh. the ....0 bncbero oorridor for oon.truction traffic unl... oth.rwi.. .pprov_d"by the City Engin..r. A con.truction traffic plan abal1 _ aubaitt.d for r.vl.w .nd .pproval prior" to-.'pprov"~....Rf ."tb.:..ur.t:..Iinal "P-U. 1..uanc. of . 9ra~Un, permit, which.ver oCC\ll'. fir.t. 'lh. plan nall Includ. proviaione for du.t oontrol and atat. bour. of oper.Uon. bvJ.aion. to add pl.n ah.ll _ .pproved by the City angineer. " ~.../P.VII."t.. .1. fte aubj.~ property Is within the Mundari.. of Open 'Pac. >>J.atrict 120 (Ion. 7), Open apace Di.trl~ 110 (Pha.. II) .nd AIa......nt DJ.atrl~ 187-1. hior to I1nal ..p .pproval or other WZ'.nt of .pprov.l for any pha.. or unit t:bereof, t:b. d.v.loper eball pay .11 ooata ...ocl.ted wltha .) ..tacbaant of aubje~ property froa Open apa. Diatri~ 110 ('ba.. %X), and It) "appoRl_ant of ........nt. for Open apace Dl.trlct 120 (Ion. 7) and Aa...aent Dlstrlct 187-1 .. ". renlt of auW1vblon of land. within t:be po:t.ct Munday. .,0. fte d.v.loper ahall paya .as- ~ )/-/; ~ 1.~ 8Prlng Valley Sewer ~nk connection fee. ($130/acre) prior ~o final .ep approval for anr pha.e or unit tileraof _, oonulbutlng flow ~o tile Spr ng Valley 'trunk aewer. " 'l'elegraph Canyon drainage ~ee. In accordance with OrcunanO :1314. . '1. .AD ~aea aIlall be vaived or .odified a. prov1delS in tile e40ptad hbllc racl11tle. Pinancing Plan for bncho del aey. aCT te.. and PIP ~e.. ahall be paid In accordarice with tile applicabl. ..gul.~lon.~fteludi~a ~h. du~v ~c eav ~h. ~... t" .ff.et .~ ~h. SSm. ~h. ttutdi1UI e.rmiota are t~.';.d. PAD f... ahall be 9'luanteed tmtU auch ~1De a. tile City vaive. aaid f.... . i .~ , a. 1>>. JIS._f!atta"Ae.u. '2. u. ,c. . fte I>>oundary of 1:I1e aubdividon aIlall be ~i.1S ~o 1:11. California ay.taa - aon. VI (U83). klor ~ final aap approval for any unit, 1:11. developer .hall aubmit a copy of aai4 final .ap In e digital foraat .uch a. (DXF) vraphic fUe. 'J'hb COIIIputer Aided Dadgn (CAD) copy of 1:11. final ..p ahall ba ba..1S on accurat. coordinat. ,.ometry calCUlation. and ahall ba aubmltted on 1 1/2 HD floppy di.k prior ~ Z'acordaUon of tile final .ap. fte developer .ay fUe a .a.ter final aap which provide. for tile aale of auper I>>lock lot. corre.ponding to tile unit. and pha.lng~ or oombination of unit. anlS phadng 1:I1ereof, ahown on the . ~entative .ap. ".. . %f aaid auper I>>lock lot. do not ahow lnlSlv4dual lot. deplcte4 on 1:I1e approved ~entaUve ..p, a aub.e;uent final .ap ahall be filed for any lot which will ba further aubdivide4. fte City Engineer .ay conlSiUon approval of nch a final ..p to Z'equire nece..ary plan. to provide lnfra.tructure nece..ary tqp .eet City ~e.hold pOlicie. and ~o confora ~o tile approved ~blic pacilitie. Financing Plan. All auper I>>lock lots createlS ahal1 have acce.. ~o a delSicatelS public atreet.. aond. in 1:I1e aaount. detarained I>>y tile City Engineer uall ba po.ted prior u approval of a ...ter final aap. .a1d ...ter flnal .ap ahall not ba DOl:UlicSerecS .the ~lr.t final ..p a. bdicated in other oondiUon. of approval 1ID1e...'.!tid .P.P !!on~~ ~ingle ,~ "u1:~ip~~. ~~~~)'._l,~. ~own ..o~. ~~e~~t1ve ~. ~-.. ..8UI....ft~. . '1. fte developU. ahall OOIIplr with ail nlevant hderal, state anlS z,ocal Z'agulaUons, includ ng tile Clean Water Act. fte developer ahall be n.pons~l. for providing all Z'a;yirad b.Ung and' ~ dOCUllen1:aUon u duonstrate aaid OOIIIpllance a. Z'e;uirelS I>>y the 1 City Engineer. -. ~ ~ ~J)-dLO ~ . " . . '71. ,. ~ t - 7'. . . ( . .. '- 'lb. ..valoper .all comply wlth all .ppUca~l. ..ctions of the Cbula Vi.ta Munlclpal C04. as th.y axlst at the tlm. of ls.uanc. of ~a buildlng permlt. Pr.paraUon of the flnal .ap an4 all plan. .hall be In .ccordanc. wlth the provislons of the aubdlvl.lon Map Act .n4 the Clty of Chula Vista Sub4lvlslon Map Act an4 ~. City of Chula Vista SWldl vision Ordlna.,caa and . aWldlvi.ion Manual. ~llcant shall ClClIIply with, rualn in coapUance with, .nd bpl..ant, tha .tarms, oon41Uona .nd provia1ons of the S.cUonal .lannln; Araa Plan, .nd .uch Watar ConaervaUon Plan, the All' OUallty Plan .nd the Publlc Facilitles Financln; Plan .pproved ~ ~e COUncil (.Plans-) .s .re .ppUoa~le to ~e property whlch i. th. .B~ect attar of this TentaUv. Map, pdor to .pproval of th. Final "51, or .hall bav. antar.4 into .n .;r....nt wlth the City, providing the City with .uch .ecurity (lnclu41n; racordation of ClOv.nants running with the 1an4) .nd bpl..entation proc.4ura. a. the Clty ..y r.quire, .ssurin; ~atl .fter .pproval of th. Flnal Map, the Applicant .hall ClOnt nue to coaply Wlth, rualn In oompUance with, .nd bpl..ent .uch Plan.. pav.lo~.r shall acr.. ~o vaiv. anv elaim tha~ ~h. .~ce~ieft ef a ~in.l W.~.r eOft..rv.~ion Plan or Aft Ou.li~v Plan ecn.ti~u~.. an iftero~.r .ub..au.n~ imeoaition of th. eOJ'ldi'tion. 7hat . oopy of thi. resolutlon be transmltte4 to the owner. of the property. .ASSED AND APPROVED BY 'tHE CITY COUNCIL OF 'tHE OITY OF CHULA VISTA, CALIFORNIA, this 11th day of July, UU, by the.followlng vote, to- wit: .<. . AYES : .OES: alENT: ABSTENTIONS: ~a.nt.d by . Sebert A. t;ilt.r I>>ir.~r of .lannln; - ... A."f' .. .- ~-reC ~ J//J-} MINUTES OF AN ADJOURNED MEETING OF THE CHULA VISTA CITY COUNCIL ~ Thursday, July 18, 1991 4:39 p.m. Council Chambers Public Services Building CALLED TO ORDER I CALL THE ROLL. PRESENT: Councilmembers Grasser Horton, Moore, Rindone. ABSENT: Councilman Malcolm (attending Coastal Commission Hearing) and Mayor Nader ALSO PRESENT: John D. Goss, City Manager; Bruce Boogaard, City Attorney; and Berlin Bosworth, Secretary to the Redevelopment Agency BUSINESS Mayor Pro Temp Moore explained that Mayor Nader had possibly dislocated his sboulder and was at the Clinic but was expected to return. Mayor Pro Temp Moore, in reviewing tbe Agenda and Addendum to Agenda for those present, noted tbat several items called for 4/Sths vote. As only three Councilmembers were present, he called a brief recess at 4:46 p.m. The members reconvened as the Redevelopment Agency and met in closed session at 4:47 p.m. Mayor Pro Temp Moore reconvened the City Council meeting at S:OS p.m. ......... 2. PUBLIC HEARING PCS-90.(l2: REQUEST TO SUBDIVIDE 404.9 ACRES KNOWN AS RANCHO DEL REY SECTIONAL PLANNING AREA m, CHULA VISTA TRACT NmffiER 90-02 LOCATED BETWEEN EAST "H" STREET AND TELEGRAPH CANYON ROAD, IMMEDIATELY SOUTH OF RANCHO DEL REY SPA I; RANCHO DEL REY PARTNERSHIP - The public hearing on this matter was continued from the meeting of July 9, 1991 to allow for notification of additional residents within the vicinity of tbe proposed project. The City Attorney's Office bas revised the draft resolution to reflect changes in the tentative map conditions whicb were voted on by the Council prior to taking action to continue the hearing. Staff recommends approval of tbe resolution. (Director of Planning) RESOLUTION 16266 APPROVING THE TENTATIVE SUBDMSION MAP FOR RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) m, CHULA VISTA TRACT 90-02 City Allomey Boogaard informed the Council that he advised Councilwoman Gra8!'er Horton that there may be a potential contlict of interest due to stock ownership in a joint venture partner with the developer Mayor Pro Temp Moore asked and received consensus to continue the public hearing on Item 2 (PCS-90-02: Request to subdivide 404.9 acres"known as Rancbo Del Rey Sectional Planning Area III, Chula Vista Tract Number 90-01 located between East "H" Street and Telegraph Canyon Road, immediately south of Rancho Del Rey SPA I; Rancho Del Rey Partnership) to Tuesday, July 30, 1991 at 6:00 p.m. 7. RESOLUTION 16258 APPROPRIATING FUNDS AND DIRECTING STAFF TO ENTER INTO AN AGREEMENT WITH THE PROPERTY OWNERS OF PARCEL 618.152.16 (1070.1072 FIITH A VENUE) FOR DRAINAGE IMPROVEMENTS ADJACENT TO THE FlITH A VENUE STREET IMPROVEMENT PROJECT FROM "L" STREET TO NAPLES STREET - The property owners of 1070-107'1 Fifth Avenue are requesting in accordance witb the City's drainage policy for lateral channels tbat the City ~ J/~;2:2-. e' e e COUNCIL AGENDA STATEMENT IlemZ .,-1"1 Date,/18/91 ITEM TITLE: Public Hurina: PCS-90-02: Request to subdivide "0.409 ICIU known as aancbo del !ley SectionaJ PJannina Ana m. Cbula Vista Tract No. 9G-02 located between East wHo SIreet and TI1epapb Canyon Road, flll"lediately lOuth of Jtancbo del ley SPA Ii )tIncbp del !ley ~p ./ ~;!'~lr~' _-d-.7/w/erl Jtesoluti 11# . the tentatrve subdivision map for Rancbo del Rey SPA Director of PJannin~~ ~ . City Manaaer b ths Vote: Yes _ No.xJ 1tJB1ou1 u.D BY: Jt.EVIEWED BY: 'Ibe public bearina on this matter was continued from tile meetlna of July 9, 1991, to allow for DOtific:ation of additional residents within the vicinity of tile proposed project. Copies of the oriainal Aaenda Statement and attachments arc available. 'Jbe City AqDmey'l office bas reviSed Ibe draft resolution to reflect cbanaes in the tentative map conditions which were voted on by Ibe City Council prior 10 takina action to continue the bearina. ,. IlECOMMENDAnON: Based on the Findinas and Conditions in the attacbed draft City Council Jteso1ution, approve the _wive ,ubdivision map for Rancbo del Rey SPA m. I1SCAL IMPACT: Not applicable. '--21 ./ . . ~ -. ~- ))';2] , " 0.... N <t: \ ... 0 ~ , S( I .....J J"' ; 0 <t: Z \ i OJ l.L.. ,.., '" . 0::: 0 W Vd ~ I- ~ Z (j) CD I ~ ~ <t: . ~ ~ . ~ I- 8ft~ I- u ~ "- CO) tJ i - <( 0 5 ~~~ CD ~ <t: -.I -.I g!i::; - 0.... I I- (j) 01" ..- '" X <( >- w w I- 0::: (f) - .....J '. > w 0 <( 0 --.J I . ~ U r I z " <t: U 0::: DATE' 11/10/94 DRAWN BY' L.M.C. 1'-.:lSf/-Zb . . . W.O. NO. EY-311 TITLE: CHULA VISTA TRACT NO. 92-02 RANCHO DEL REY SPA III. MASTER FINAL MAP . { Gj. <( Cl. U) ~ >- W 0::: -l W O~ 02 ~ I ~ -l U SoL'" U <(:: ZZ <( -f- 0::: LL m Z 0::: I _ Wx f-W oU) 0:::<( W2 I U Z <( 0::: o W (f) <( Cl. i~ ~~ E~ ~~ Ii ,n ~i N lf~ v~ ..--- ~a ~ 10 0 z~ ~ ~ I- ~= S~ ~ a ~ fIl . = i ~ 9~ ~ LZ ~ i 8~ ~ ~- -- 6~ I ft4 //---;2 r-r) \ I I I'. I- a -1 ..--- I- a -1 --- Cl z o ~ 80 ,roo i51:! '-' w Q. W o~ I .....u --' 0< lrW wID ..... .....0 0.... DATE, TITLE' 11/10/94 ACCEPTANCE OF A PORTION OF PASEO RANCHEROCi'~ Dlt~~.~~' IN RANCHO DEL REY. SPA III MASTER FINAL MAP " .. . . . 'G .,. hA-IoLi b COUNCIL INFORMATION MEMORANDUM DATE: November 11, 1994 TO: Honorable Mayor and City cou(f.~L John Goss, City Manage~6' b~/ Bob Leiter, Director of Planning ~t AI/ John Lippitt, Director of Public work~r Staff response to concerns of Claudia Diamond of Villa Palmera Homeowners Association (HOA) regarding proposed Rancho del Rey (RdR) SPA III i~provements (Council Referral No. 2921) VIA: FROM: SUBJECT: At the City Council meeting of August 23, 1994, a written communication from Claudia Diamond raised several concerns regarding proposed improvements associated with RdR III as they relate to Paseo Ranchero and the existing Villa palmera project for which Ms. Diamond serves as the President of the HOA. Villa palmera consists of 76 condominiums at the northwest corner of paseo Ranchero and East "J" Street, and is surrounded by property to be developed with the RdR SPA III Community. In response to Council direction, staff met with Ms. Diamond and another representative of the Villa Palmera HOA on September 23, 1994. Ms. Diamond followed-up that meeting with a letter to staff on September 28th, and staff responded to Ms. Diamond's remaining concerns in the attached letter dated November 4, 1994. Ms. Diamond's concerns involve (1) the lack of noticing on the RdR III project, (2) equestrian use of the proposed recreation pathway fronting Villa Palmera, (3) the speed limit proposed on paseo Ranchero, (4) noise impacts from paseo Ranchero, and (5) RdR III construction activities as they may affect Villa palmera residents. As detailed in the attached letter: 1. city records indicate that notices of the RdR III SPA and Tentative Map hearings were mailed to all Villa Palmera homeowners and the management company for the HOAj 2. The recreation pathway/sidewalk in front of the Villa Palmera project, which is required to be widened from 5 1/2 to 8 feet, is not intended to accommodate equestrian activity and could not be used for this purpose according to local ordinancej yr /1~29 G1~ .... Memo Council Referral No. 2929 """ 3. The speed limit will be posted on Paseo Ranchero after the street is complete and studies have been undertaken to determine the appropriate limit based on safe operating conditions and state law; Villa palmera homeowners will be noticed and given an opportunity for input when the studies and speed limit are considered by the Safety commission; 4. The environmental documentation shows that according to the accepted standard, the Villa Palmera residents will not be significantly impacted by traffic noise from paseo Ranchero; and 5. McMillin must comply with all City and State regulations regarding grading and construction activities, and also will post signs at entrances to Villa Palmera reading "No Rancho del Rey Construction Traffic Permitted". City Staff has provided Ms. Diamond with information regarding applicable City regulations, and the names of contact persons on City staff who oversee compliance with these regulations. Council also asked staff to determine whether the current specifications for Paseo Ranchero were the same as those in effect when Villa Palmera was developed. The road classification for Paseo Ranchero when Villa Palmera (Mission Verde) was developed in 1988-89 was a Collector Street. When the General Plan was updated in 1989, the streets were defined differently. Paseo Ranchero became a Class I Collector at that time. Along with the change in name there were slight changes in design criteria. Following is a comparison of the design standards for paseo Ranchero at the time Villa palmera was developed and current standards. ADT is the average daily trips. ~ VILLA PALERMA CURRENT DESIGN (ADT) 10,000-20,000 22,000 DESIGN SPEED 40 MPH 45MPH NO. TRAVEL LANES 4 4 NO. PARKING LANES 2 2 MEDIAN WIDTH 0 4-10 FEET CURB TO CURB DISTANCE 64 FEET 68-74 FEET MAXIMUM GRADE 10% 8% MINIMUM CURVE RADII 300-500 FEET 700-1100 FEET """ ~ ///3v .. . . . Memo Council Referral No. 2929 The actual ADT which the roadway can carry depends upon the number of possible side interferences (driveways) that occur on the roadway. The fewer the number of driveways, the more traffic the street will carry. In this case the number of driveways is small so the road as designated prior to 1989 and currently is not significantly different. The center median indicated under our current design criteria provides an added measure of safety but adds little to the carrying capacity of the roadway. The segment of paseo Ranchero adjacent to the Villa Palmera project was designed to meet the 40 MPH design speed. That will not change when the road is completed by ~he developer of RdR SPA III. Ms. Diamond has been noticed of Council consideration of the RdR III Master Final Map, which is scheduled for November 22, 1994. Attachments Letter with attachments to Claudia Diamond dated November 4, 1994. e'\wp51\lupe\MEMRDR.III N J/~J/ //1-32- "' 'A ~/ , . . . ~Vt.- ...... ~~ cmOF CHUIA VISTA PLANNING DEPARTMENT November 4, 1994 Claudia Diamond President, Villa Palmera Homeowner. A..ociation 539 Telegraph Canyon Road, Ste. 145 Chula Vi.ta, CA 91910 Dear Ms. Diamond: Following are responses to the items listed in your letter of September 28, 1994 (attached hereto): The copies of the mailing label. contained in our files for the Rancho del Rey (RdR) III Sectional Planning Area Plan (peM-90-06) and Tentative Subdivision Map (PCS-90-02) reflect that notices were .ailed to all of the Villa Palmera homeowners and the .anagement company for the HOA at least 10 days prior to each of the public hearing. a..ociated with each phase of the project. I would be glad to review the.e records with you in detail at your convenience. Since the City does not u.e certified or regi.tered ..il for public hearing notices, we have no direct information confirming that the notice. were received, only that they were .ailed. However, we were not .ade aware of any irregularities in the noticing procedure. during the bearing proce.s, wbich .ometimes occur. if there i. a problem with ..il delivery. 2. The 8-10 ft. wide sidewalk/recreational pathway called for in Tentative Map Re.olution 16222, attached bereto, is intended as a pede.trian trail/pathway to accommodate pede.trian. only, i.e., walker. and joggers. The pre.ent propo.al to expand the sidewalk fronting Villa pal.era from the standard 5.5 ft. width to an 8 ft. width b intended to facilitate the trail in a aanner whicb i. not di.ruptive to Villa Palaera re.ident.. 1. A. stated previou.ly, the trail/sidewalk is not intended to accommodate aque.trian u.e, nor could a .idewalk be used for thie purpo.e. s.ction 10.28.050 of the Chula Vieta lIIlnicipal Cod. prohibit. the u.. of .idewalk. for bor.e. (pl.... .ee attached CVMC 10.28.050). According to the Police Departaent, bor.e. cannot be probibited from u.ing public .tre.t. in accordanc. with California Vehicle Code Section 21050, al.o attached bereto. But again, there ie no intention to d..ignate, encourage or facilitate eque.trian u.e of pa..o Ranchero. ~ //- }J 00 ~ It is our understanding that you were going to .eet with the Villa Palmera homeowners regarding the proposal to widen the sidewalk by 2.5 ft. and get back to us with their reaction and further discussions if necessary. 3. With respect to the issue of speed limits, school posting and road protection, please see the attached .emos from Harold Rosenberg, City Traffic Engineer, dated October 20, 1994, and from William Ullrich, Senior Civil Engineer, dated October 25, 1994. It was previously stated that Paseo Ranchero would be posted for a speed limit of 35 M.P.H. for an interim period prior to completion of the street and the necessary studies to establish a permanent speed limit consistent with State law and safe operating conditions. After further review, the City Traffic Engineer reports that the most appropriate posting based upon roadway design would appear to be 40 M.P.H. and that it would be inadvisable to post any speed limit now which might have to be increased at a later date based upon detail studies. The City Traffic Engineer should be contacted regarding posted ~ speed limits or any other issue related to traffic control. The City Traffic Engineer will also assume the responsibility for notifying Villa Palmera homeowners as well as the management company for the HOA, regarding any proposal to establish or change the posted speed limit along Paseo Ranchero. 4. The Environmental Review Coordinator, Mr. Doug Reid, will be glad to review with you in detail the applicable Environmental Impact Reports for the RdR III Sectional Planning Area Plan (EIR-89-l0) and the General Plan Update (EIR-88-02); the latter document being the one which reviews the potential noise impacts from the City'S .ajor and collector street network. Mr. Reid can be contacted at 691-5104. As noted, the latest documentation on traffic noise tapacts comes from EIR-88-2. This document shows that the 65 CNEL (Community Nobe Level Equivalent) contour, which 18 the acceptable standard for exterior residential noise levels, falls 39 ft from the centerline of Paseo Ranchero. Since the right-of-way for paseo Ranchero is 94 ft., the 65 CNEL would occur within the right-of-way, some 35 ft. from the bomes within Villa Palmera which front upon Paseo Ranchero. The figures indicate that these bome. fall within the 60 CNEL contour, which i. 5 CNEL below the acceptable level. ~ ~)I-3'Y . 5. . . Furthermore, the residential .etback. and cODllllunity walls proposed for the RdR III hoae. which will beck onto the .ast .ide of pa.eo Ranchero were not required for noise attenuation. As noted above, the 65 CNEL contour fall. within the Paseo Ranchero right-of-way, and thus the properti.. on either .ide of the .treet do not require extraordinary measures to attenuate exterior noi.e level.. Please .ee the attached letter froa Mr. 'thoa Fuller, Vice Pre.ident for McMillin Project Service., r.garding their intention. with respect to construction .ctiviti.. in .nd .round Villa Palmera. A. noted in Mr. Full.r'. l.tt.r, construction activities will be governed by City Ordinances and State laws regulating excavation .nd grading activitie., a .uDllllary of which are listed on the Land Developaent Permit. This permit also includes a certification that the applicant has read and will comply with said ordinances and laws (pl.ase see attached for a copy of the permit). Mr. Fuller has further .tated in his l.tter that McMillin will direct their contractors to avoid any incidental u.e of Villa Palaera streets, and will post a .ign at each of the two project entrances reading "No Rancho del R.y Con.truction Traffic Permitted". The Inspection Section of the Engineering Division at 422-0636, or Ms. Constance Byraa of McMillin at 477-4117, may be contacted regarding any violations or concerns related to construction traffic or activiti.s in and around Villa Palaera. You requested information relative to when the final map will be before city Council for approval and what .re the final map conditions. The developer i. processing what i. known a. . "Master Final Map" (MFM) which creates large lots requiring further .ubdivision (super-block parcels). Resolution 16222 contains the conditions of approval which must be met before final map approval. Not all conditions of approval are required to be met with .ach final map. Soae conditions only pertain to .pecific ar.a. within the t.ntative map area. The MFM will be the fint map to 90 before City council for .pproval. Condition 74 of R..olution 16222 .ddr....d this aap .nd indicate. the intent of the City r.lativ. to what va. nece..ary prior to finaling a MFM. 'th. City Engineer b.. r.quir.d plan. .nd surety for all of the backbone str.ets in ord.r to .s.ur. acc... and utilities to .11 of the lot. being created. 'the MFM doe. not includ. any individual lot. therefor. .aid aap i. not consider.d the fir.t final aap a. indiact.d in soa. condition. of .pproval. 'the MFM i. t.ntativ.ly .cheduled for noveaber 22,1"4. Sub.equent final aap. for the .uper-block parc.l. created by the MFM are curr.ntly in proce.. and .re .xpected to be con.idered by the City Council in mid-Deceaber or early January. ~ /1<J5' q~ ' """" The Master Final Map is tentatively scheduled for City Council consideration on November 22, 1994. The Villa Palmera homeowners, HOAmanagement company and anyone else requesting notification will receive notice of this and any subsequent RdR III final map. SG:mw cc: sid Morris, Assistant City Manager Bob Leiter, Director of Planning John Lippitt, Director of Public Works Jess Valenzula, Director of Parks' Recreation Cliff Swanson, City Engineer Bill Ullrich, Senior Civil Engineer Hal Rosenberg, City Traffic Engineer Doug Reid, Environmental Review Coordinator Curtis Management Company, 10455 Sorrento Valley road, Ste. 102, San Diego, CA 92121, Attn: Christine Olivas Villa Palmera Homeowners Association, c/o 539 Telegraph Canyon Road, Ste. 145, Chula Vista, CA 91910 Thom Fuller, Vice-Present McMillin Company, 2727 Hoover Avenue, National City, CA 91950 Constance Byram, Community Relations, McMillin Company, 2727 Hoover Avenue, National City, CA 91950 '""' Attachments Letter from Claudia Diamond dated September 28, 1994. (~E Pt.EI/I E)l)S' RdR III Tentative Subdivision Map Resolution No. 16222 ErU'B'~~ Copy of CVMC 10.28.050. Copy of California Vehicle Code Section 21050. Memo from Harold Rosenberg, City Traffic Engineer, dated October 20, 1994. ""'" ~//-3? . . . Memo from william Ullrich, Senior civil Engineer, dated October 25, 1994. Letter from Thom FUller, McMillin Company, dated October 21, 1994. Copy of Land Development Permit Application. ..~\plennl",\claudl..DI. ~ /1-;17 10D -.... A DMSION OF CC4 R PROPERTYINYESTMEIorI'S,INC. 539 TcJeJl'lph Canyo. Rd. S1e.' 145 Cbula Vial&, C.... 91910 Office: (619) 421..121 Fu: (619)-421.5628 TO: Steve Griffin, Principal Planner Planning Department 276 Fourth Ave. Chura Vista, CA. 91910 September 28, 1994 Dear Steve. I'm glad I had the opportunity to meet with you and the other gentlemen on September 23, 1994. It's nice to be able to attach names to faces. While the meeting was somewhat productive, there are still issues which remain undiscussed and/or unresolved. I will use my letter to Mr. Nader and the City Council dated August 23. 1994 for the following format. ,. The City may have copies of addresses In a book, however, that supplies no proof that the residents were notified. "'"'" 2. The City insists that an equestrian trail was never planned through the area, however, it is so stated In Resolution 16222, Condition 12 that the developer shall be responsible for construction of an expanded 8.10' wide sidewalk/recreational pathway along the west side of Paseo Ranchero to connect the trail aystems in the south leg of Rice Canyon and In the Telegraph Canyon Rd. open space area. . Condition 30 of the same Resolu. tlon refers to the sign program identifying the trail network In the open apace areas and connecting along Pa..o Ranchero and Condition 31 refers to the equestrian type fencing. Clearly the Intention Is for horaes to travel through this area. Per our meeting (and your memo dated September 23, 1894), the City Is proposing expanding the existing aldewalk by 2.5' which would enlarge It to 8'. Per the City's 'Street Design Standard Policy', 8' wide aldewalks are constructed along 4 Lane and 6 Lane Major 8treets In commercial areas, not in residential areas. Infact, the aidewalk designation for a 'Class I Collector Street' Is 5.5', which Is the existing condition along "'"'" Pasto Ranchero. (See Condition 14. C. of Resolution 16222). At the meeting we also discussed City Health Codes with regards to ~ )/~;rr e horses, but no one In attendance knew what they were. ,"What.,e the ".alth codes with regards to hor.es; I.e., proximity to nonpublic resi- denc.s and the disposal of excrement? Also with regards to horses, does the city have any ordinances , prohibiting hor.es from using concrete sidewalks that are designated as f recreational pathways? At the meeting on September 23, we determined that the City will not designate or promote the sidewalks on the western side of Paseo Ranchero, (along Villa Palmera) as an equestrian trail. twill f there be signs posted indicating 'no horses'? Will the ho....s be allowed , to travel on or adjacent to Paseo Ranchero? 3. As we discussed at the meeting, and as Is addressed In your memo to me dated September 23, 1994, the City will post Paseo Ranchero at 35 MPH, rather than the 'Collector I ' minimum designation of 45 MPH. Once construction of Paseo Ranchero Is completed between E. OH" St. and Tele. graph Canyon Rd., a speed study will be conducted to determine the appro- priate speed limit for the entire length. tNhich department should the a Board of Directors of Villa Palmera contact at the City and how will the . City notify the Board of Directors of Villa Palmera and Its residents regarding any changes to the 35 MPH? A McMillan representative just this week, Indicated to me that the section from Telegraph Canyon Rd. north to the oJ" St. area must be posted at 35 MPH due to the topography of the land. Discussion ensued regarding the entrance to the proposed schools along E. oJ" St. and the associated speed. Whether the main entrances to the .chools are located on E. oJo St. or not, speed along Paseo Ranchero In the vicinity of the schools cannot be .afely posted "r.ater than 25 MPH. To do 10 would be negligence on the part of the City. For example, the entrance to the Hazel Goes Cook School Is on Cuyamaca Ave. and yet the posted speed limit along oL. St. in the vicinity of the school II 25 MPH. The entire expanse has a fence and the posted apHd limit before and beyond the school Is 35 MPH. \ Protecting the ..Istlng down elope residents In the VIla Palmera Com- ,"x along PaHO Ranchero from out of control vehlclal, hoodlum. or users of the recreational trail/expanded sidewalk II 81111 an unanswered ~ concern. n also remains a concern how the City plans 10 protect Clrculo e I Verde (the private road) from public aco.... 4. I was told that EIRs wert don. for both sid.. of PaHO Ranchero and that infact the noise levels fall within the acceptable range of IS dB-A. .l;vt\ //- 3'J 101 The front entrances of the Villa Palmera homes face Paseo Ranchero and ......... are in some areas within 30 feet of Paseo Ranchero. Along the east side of Paseo Ranchero (where the McMillan houses are proposed) the homes will be at least 50 feet from the road, with the backyards facing Paseo Ranchero. Additionally, walls are proposed, which further protect the homes from noise. It Is pretty obvious that the existing Villa Palmera ",omes will suffer much more from noise pOllution than the proposed , McMillan homes! When asked to see a copy of the EIRs, we were told that \ the documentation was too thickl . 5. With regardS to the upcoming construction, removal of the pump station was discussed at length. The City will Inform Villa Palmera when the pump station area will return to the homeowners. McMillan will be removing the pump station and they will so Inform us when this will occur. As of this date, McMillan feels that the removal will not occur for about one year. The Board of Villa Palmera Is currently surveying the community to see how they would like to see the area (once the pump is removed) redesignated. The results will be provided to McMillan. I was told by McMillan that there are standards with regards to noise, dirt ......... and construction traffic during construction. We need a copy of these standards. I was also told that contruction trucks and traffic will be on Paseo Ranchero and East oJ." St. in the direct vicinity of Villa Palmera. McMillan is aware that construction vehicles are unable to turn around on Paseo Ranchero and E. oJo St. as it currently exists.: I have been told that should vehicles pass through the development, we can contact the City Mitigation Monitor, Marilyn Ponsengi and/or Constance Byram of McMillan. Can McMillan provide a written Guarantee that this will not occur? As per my missive dated August 23, 1994, the City and McMillan are aware that our private road was recently resurfaced. 'A Iett.r from McMillan ". Guaranteeing repair If damage occurs needs to also be provided. ' Villa t Palm.ra also requires a written Guarantee that dirt moving .111 Hlse If \..wlnd Is In excess Of the reasonable atandards. I Lastly, what are the final map conditions? When Is II going to CIty Coun- t. ell? We request a copy before It goes to CIty Council for the ~roval. I n.ed documentation to take to the home owners which answer the ques- tions presented to Mr. Nader and the City Council on August 23, 1894, IS ......... w.II as those Gen.rated from our meeting of September 23, 1994. ~J//'I(J . , have been advised by our Management Company that an correspondence and proposed changes to existing conditions ( such as the expansion of the existing sidewalk along Paseo Ranchero and alteration to the sidewalk, landscaping and stairs along East "J" SI.) must be reviewed by our legal council prior to any commencement of work. Once reviewed and advisement is received by the Board of Directors of Villa Palmera, the homeowners must then vote on any proposed alterations, additions or any construction which will affect them. 'Therefore, any end all documenta. tlon by The City and McMillan must be forwarded to: \ Curtis Management Co. " 10455 Sorrento Valley Rd. Ste.102 San Diego, CA. 82121 Atln: Christine Olivas and copies sent to: Villa Palmer a Home Owners Assoc. clo 539 Telegraph Canyon Rd. Ste. 145 Chula Vista, CA. 91910 . Thanking you in advance and looking forward to hearing from you. Sincerely, ~tA lhf!4fhpf/ ClaudilPfJ) Diamond RN, BA. MPH President, Wla Palmera Home Owners Assoc. President, COlA Property InveStments, Inc. . cc: Mayor Tim Nader and City Council of Chula Vista Constance Byram of McMillan Christine Olivas of Curtis Management Co. ~ ~/-y/ J ~ / ') . c. . 10.28.040 Commercial fthicIeI prohibited oa priftre WlIYS-Eueption. .-, No penon shall operate or drive a commercial vehicle in, on or across any private driveway approach or sidewalk area or the driveway itself without the consent of the owner or occupant of the property, if a sign or markings are in place indicaring that the use of such driveway is prohibited. For the purpose of Ihis seclion, a commercial vehicle shall mean a vehicle having a raled capacity in excess of one.half Ion. (Ord. 97311 (Part), 1966; prior code 519.8.4'. 10.21.050 1ticIiq<< drmaa 0II1MWwa1U probibired wbea. No penon shall ride, drive, propel or cause to be propelled any vehicle or animal across or upon any sidewalk excepring over permanently COlUlI'\lCled driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk: provided further, that said area be substantially protected by wooden planks two inches thick, and written permission be previously obtained from the city engineer. Such wooden planks shall not be permitted to remain upon such sidewalk area during the hours from six p.m. to six a.m. (Ord. 973 51 (pan), 1966; prior code 119.8.5). 10.28.060 Limited access roadways-Unauthorized eDtnDCel or ailS prolu'bited. No person shall drive a vehicle onto or from any limiled access roadway or freeway excepI at such entrances and exits as are lawfully established. (Ord. 973 51 (pan), 1966; prior code 519.8.8). 10.28.070 Freeway lilt restrictiolll. No penon shall drive or operate any bicycle, motor.driven cycle, or any vehicle which is not drawn "1 a motor vehicle upon any Streel established as a freeway as defined by Slale law, nor shall any pedestrian walk across or along any such streel so designated and described except in space sel aside for the use of pedestrians, provided official signs are in place giving notice of such resllictions. (Authorized by Section 21960 Vehicle Code). (Ord. 973 51 (pan), 1966; prior code 519.8.9). ~ 10.28.080 Blockina iotenect:ioas prolu'bited. . No operalor of any vehicle shall enter any intenection or a marked crosswalk unless there is sulflcien! space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obsll'\lcting the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. (Ord. 973 11 (part), 1966; prior code 119.8.11). 10.28.090 Toy fthicIe lilt IWlrictionI-Skareboanl defined. A. It is unlawful for any penon to skate, or use or ride any roller skates, couter, skateboard, toy vehicle or other similar device upon or over any public street, bridge, underpass, sidewalk space, sidewalk, or public property within the business district of the city. Business district is dermed by the California Vehicle Code as .that portion of a highway and the property contiguous therelo (a) upon one side of which highway, for a disrance of 600 feet, SO percenl or more of the contiguous property fronting thereon is occupied by building in use for business, or (b) upon both sides of which-tlighway, collectively, for a distance of 300 feet, SO percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distances specified in this IleCtion if the above ralio of buildings in use for business to the length of the highway exists.. ~//~VA)J}-~ 654 (R 11/91) ~ , IIll1QBAllIHllI [1....... .. I .~ , ~ October 20, 1994 File: PC-989 TO: VIA: FROM: Stephen Griffin, Principal Planner Cliff Swanson, Deputy Public Works DireCtor/City FzictnNJl!iI Harold ROSenbergf'1<:!m~glneer ""P SUBJECT: Proposed Speed Limit on Paseo Ranchero Subsequent to our discussion in the meeting held to consider the impact of the development along Paseo Ranchero, we have reviewed the roadway desllTl speed in the area of Paseo Ranchero and East "J" Street. Based on the roadway design, it appears that the most appropriate speed for posting would be 40 M.P.H. However, our standard procedures are to not post a limit until after the road is opened to traffic and a speed sUrvey can be completed. Once that is completed, all factors which affect the establishing of the speed limit on Paseo Ranchero wl11 be considered and the most appropriate speed limit wl11 then be established and posted. The California speed trap law requires Engineering/Traffic Survey be performed to determine what the most appropriate speed limit Is for prevailing conditions. An EngineerlnglTrafflc Survey takes into account design characteristics of the roadway including design geometries such as vertical and horizontal curves, accident rates, special conditions such as schools, parks and other factors, and most importantly, the 85th percentile speed. California Law bases the posting of speed limits on the assumption that motorists on the roadway wl11 drive at or below a apeed that they feel to be safe and appropriate for roadway conditions. We do not believe it is advisable to post a lower limit now that might bave to be increased later. A lower posted speed limit than that determined by the FziClneerlnglTrafflc Survey, is considered a "Speed Trap" is therefore Dot legally enforceable by the Pollee Department and is not defensible in the courts. An artificially low speed limit can aiso pose a real problem In maintaining . lafe operation of the Itreet. 10 the Fzi&lneerlnclTrafflc Survey, unusual conditions are considered to be roadway conditions that are not readily apparent to the motorists and are taken into account wben eatablisblng the most appropriate apeed limit. The City will install the nece"11!')' acbool lip for the proposed ElementarY School lite at the interaectlon of East "J" Street and Pueo Ranchero once constrUCtion for the acbool nears completion. At that time, we will be postln& the tIPPl'opriate "School" leJ'ies lip (Speed Limit / 25 M.P.H. I When Children Are Preaent) in advance of the acbool boundaries facing northbound andaouthbound traffic. In order to be effective, the overall apeed limit also aeeds to be posted. I hope this information will belp you reaolve any questions reprdln& thia llaue. If you bave any queatlon about this information or any other traffic related matters, please feel free to call me at 691-5237. ~ //-L/t-/ (Ca~'IIllC) . . . ,Ob v.ll ""'-641- MSlON 11. BULESOFTBEROAD Department 21000. Wbereftr in thia DepartllleDt of the Ca1ifornia IIcope of DM./on 21001. The proviaiOnl ofthia dm of~c1.. upon the hichwaya, WlIeu e to. . Article 2. Effect of IIIdItIfI or DrIvinI of Anilul 21060. Ewry penon ridiDc or driviDc an af the rlIhtl and i. IUbjeet to all of the dutie. fthicle by W. di\'!aion and Di\'!aiOD 10 ( -.pt thole proviaiODl wbich by their -,- aa CUI ba -- Ch. 471.lI&all. 1111. m_ -.,.-....10. 118. -- Cb.18lI. SI&ca. 1117, DlOliw Mo. ...... 7. TroI.Y Coeche. .. 21061. The foUowiDc actioDIepply to (e) SectiODll800, 4000, 4001, 4002, .4006,4009,4150.4151. 4153, 4155, 4166. 4158, 4166, 4300 to 4309. . uai.... 4460 to 4454. iIlIcl 4457.4458,4469,4460, 4600 to 4610,' uaive, 4750, 47111.411&0. 4862.4853,5000,11200 to 11206. iDduaive, .6062, 6601.!I2U. ud 4000 with ~ to 4000, n1a~to ori8iDal nanal of~OD. (II) SectiODl 9250, 92611, 9400. 1W06. 07. lN08, 9lI5O,llIilI2,llIilI3,llIilI4. IlOO to 1809. iDduai.... 14901. 42230 to 4I2U. iDduai.... II!IatmI to ftI!atratioD and other feaa. .'.:". ", .~.. . ." . (e) SectiODI2800, 10851. 108l12, 1 .10001 to 10009, iIlIcl......21OU. 11063,210114, 21450 to 21457. iDduaive. l"l.l1ll1O. 21661.21668, 21669. 21700.21701, 21702. 21703. 21709, 2 12, 21750. 217l18. 217114. 217M. 21100, 21101, 21102. 21806, 218l5O. 2 1. 12101, 12107. 12108, 12109. 228lIO. 22351, 22352.12400.12450 too . iIlIcllllllft,1I101.III04,1I110. 111112, 231l18, 40831. 42002 wiCh .-,.c:t to 101112 ud 10ll113. ud C2OO4. "'~1 ~'::s;:~'lI8'107. udll8'101. nIat:bar to ~:itJ ;":~"" . '. .' . (I) e.ctlou 1'7301. 17l102. 17808. 21"l.lIlOOO. 111100.111101, 111101. 111101. 111111. 1lIlIlIO. 1lIlIlI1. 111750. 1117111. I117l18. 40000.1 tD 4OOOO.IlI. iIlIcluai.... 40001. 40003, ud 42031. nIat:bar to tbe.... -.~. ud1-M. alfthiclM. . , . __Cb.m......Im.......~I,_ .. ......... -- Cb. 114...... JIlL --..~ 1.'" . -- Cb. ............ --"'-'-11. -'._tl._~ """'/c omc... MtJ impq.... 0" . 21012. 'DIa JIIlI9iIiaaa 01 thia llIIlIa app"-loI.o to .. cImws or wbicIeI IIpCIIl tbe biPw.,. 8JIP!7 to tbe clmwsolall..."....- wIIiJe ..-"'" ill tbe - 0I_p1~ by thia S&at.a. UI7 patiticaI nbdi..... ~ D7 IDllDielpaI -.-.tiCll1, or D7 diatrict, iIlIcl~ aa&boriaad - .-:' ~!e!..l~ to thoae pOl_ .....w 8lIch r~~ ~... ..". _""__ft."',,'_ \ . October 25, 1994 File: PC-989 nOlI: IUBJBCT : Stephen Griffin, Principal Planner Clifford L. Swanson, Deputy Director of Public City Bngineer William A. Ullrich, Senior Civil Bngineer~~ Response to Claudia Diamond, Villa Palmera HOA w# 'l'O : VIA: This is in response to a portion of items 3 and 5 of Ms. Diamond's letter dated September 28.1994. The majority of Bngineering's response to item 3 was contained in a previous memo from Hal Rosenberg. The response to item 5 will be relative to Bngineering aspects only. ITEM 3 . Relative to protecting Villa Palmera residents from out of control vehicles. . Only the northerly portion of Paseo Ranchero adjacent to the Villa palmera has a curve. That curve has a centerline radius of 2010 feet. The remainder of the street is straight. Staff considers this segment of paseo Ranchero a location where there is a low potential for a vehicle running off the road. The 2010 foot radius curve at the northern segment of paseo Ranchero adjacent to Villa Palmera can accommodate a speed of 55 miles per hour (MPH) comfortably (State Highway Manual Fig. 203.2). Since the speed limit will be 35-40 MPH, the curve will not create circumstances which would lead to vehicles leaving the road. The nearest unit is approximately 30 feet from the curb. The possibility of a vehicle leaving the roadway and striking a building is considered extremely low because of the road alignment and geometries. The CALTRANS Traffic Manual indicates that guardrails may be necessary on the outside of curves having a radius of 1000 feet or less. Since the curve radius is 2010 feet, guardrails are not warranted based upon the curve radius. The 1II&Dual also indicates that . guardrail is more .evere to bit than going over a slope when the height of . 2 to 1 .lope is 12 feet or lower and when there is a high potential for cars running off the road. Placement of a guardrail in this location would be more hazardous to the occupants of the vehicle than going over the bank because the maximum height of 2 to 1 slope within Villa Palmera is approximately 8 feet. ~ ;1- t/~ Ibl'--- Stephen Griffin 2 Villa palmera "'"" How is the City going to protect the private road Circulo Verde from public use? The City does not attempt to keep the public from using private streets other than to have the drives indicated as private. Private streets are not as wide as public streets and therefore give the appearance that use is limited to residents of the area. Use of such streets by the general public is usually by those visiting homeowners who live in the complex. Occasionally, someone might get lost and accidentally use such a street, but that situation should be very limited. I believe that this question is directed at the short term construction traffic which might be required to turn around or might travel through the private road in lieu of turning around before paseo Ranchero is connected to Bast "H" Street. If this problem develops during construction, the homeowners should contact the developer and the City. City personnel would then attempt to control that type of activity through the developer and contractor. The only City control over this type of activity would be to shut down construction until the activity ceased. Staff does not anticipate this to be a major problem in that ~ the road will not take long to get a rough street through to East "H" Street. Consequently, there should be little or no need or desire to use that private street. ITEM 5 The master final map is anticipated to be before Council in mid- November. That final map will create super block type lots that will require a future final map to develop the parcels. This being the case, the majority of the conditions of approval do not apply to the master final map. Condition number 74 of the tentative map addresses this master map. The only requirement for this map was to provide plans and surety for the backbone streets which provide access to the parcels being created. The developer has also been processing other maps which are anticipated to be before Council in mid-December or early January. .,_~._\_n'.\V1"""'''''.lWl """'\ ~//---y~ . . . October 21, 1994 rl'~ -: .- . . . Mr. Steve Griffin, Principal Planner City ofChula VlSta P!aMins Department 276 Fourth Avenue Chula VIStA, California 91910 Subject: RespoDse to Claudia DiamoDd's CODceras Your MemoraDdum or October 10, 1994 Dear Steve: As you requested in your memo, we are responding to Item 5 of a letter to you from Claudia Diamond, D.iamond Consulting Group, relaying her concerns u a MighOOr to our Rancho Del Rey SPA m project. The first paragraph of Item 5 describes our discussions regarding the removal of the temporary sewage pumping station which serves the VI11a Palmera project. Rancho Del Rey is required, as a condition of approval of the Tentative Map for SPA m. to remove the sewage pumping station from service. City staff bas asked us to contact the VUla Palmera Home Owners Association to determine if the Associltion wishes to have the concrete slab and surrounding wall demolished and removed or left ..is wben the station is removed. Once the station is removed, the City will quitclaim its ea"""". The Association owns the underlying fee ownership. Our current schedule for the gravity sewer which will make poSSlDle the removal of the station shows completion in the fourth quarter of 1995. It is conceivable that the work will Dot be completed until mid.I996. The second paragraph ofltem 5 diseusses .I"dards for BOise, dirt and coastruction traffic during construction. We have told Ms. Diamond that we will be Sovwoed by the land development aenera1 conditions of our land development permit. A bIaDk copy of an Application for Land Development Permit is eDC10sed for WormatiOD. Tbe paera1 conditions are printed on the reverse aide of tile Application. With regarda to COIIItNCtiOll traffic, our project is conditioned to UIC the PlIeD bncI-o corridor aoutherly from East "II" Street u the primary COIIIUUdion at celf. We have been clear iD dilC'lIPOD with Ms. Diamond that &lOIIItNdioa trdic wiD Deed to UII PlIeD 1lInchero and East -J- Street beeft',.. portions of our ploject are 0D1y ~T"'" throuah UII of those 1UeetS. Other than for work uaoci-ted with the nmova1 of the I8WIF pumpina station, there is DO reuon for project 00IIItNCti0D traffic to UII the Villa Palmera private streetS. cb ~/!/~/? . /' Iff! We will include direction to the contractors at each pre-construction meeting to avoid any incidental use of the Villa Palmera private streets. We will post a sign at each of the two entrances to Villa Palmera reading "No Rancho Del R.ey Construction Traflic Permitted". The City-directedMitigation Monitor, Marilyn Ponsegi will be monitoring construction traffic access as part of the approved Mitigation Monitoring Program. Constance Byram, from our Community Relations Department will be available to addreu complaints. We believe we understand Ms. Diamond's concerns. We also believe that her concems are best dealt with through the existing City ordinances and permit pnI ~ses, iDcluding Construction Inspection and the Mitigation Monitoring Program. Rancho Del R.ey will comply with City ordinances, permit conditions. inspection procedures and monitoring programs. ........ , If you require additional information, Steve, please do not hesitate to call me at 477-4170. extension 443 Very Truly Yours, Rancho Del Rey Investors. LP. ~~~ Thom Fuller Vice President, McMillin Project Services, Inc. ~ ce. McMillin Project Services, Inc. Ken Baumgartner Craig Fukuyama Constance Byram Ken Screeton ""'" ill ~~11-51- . &.UID _NT __IIIJ-u. .c.CIIDmONI THE OWNER. "'S PERMITTEE. IS RESPONSIBLE FOR "'LL THE FOLLOWING REGARDLESS OF WHETHER THE WORK IS DONE BY HIM. HIS ENGINEER. OR HIS CONTR"'CTOR. "'Olll &UTM_ZlD: ISSU...NCE OF ... LAND DEVELOPMENT PERMIT CONSTITUTES AUTHORIZATION TO DO ONLY THAT WORK WHICH IS SPECIFIED "'ND "'PPROVED BY SUCH PERMIT. T'1I1 LIMITS. THE PERMITTEE SH"'LL COMPLETE ALL OF THE WORK DESCRIBED WITHIN THE LAND DEVELOPMENT PERMIT WITHIN THE TIME LIMIT SPECIFIED IN SUCH PERMIT IF NO TIME LIMIT IS SPECIFIED. WORK SHALL BE COMPLETED WITHIN 110 D"'YS ...FTER THE D"'TE OF ISSU...NCE OF THE LAND DEVELOPMENT PERMIT IF THE PERMITTEE IS UN"'BLE TO COMPLETE THE WORK WITHIN THE PRESCRIBED TIME. HE SHALL PRIOR TO EXPIR& TION OF THE PERMIT. PRESENT'" WRiTTEN REQUEST FOR AN EXTENSION OF TIME SETTING FORTH THE RE"'SONS FOR SUCH REQUEST ITDII.. D......GI ...IC..UTIONS DURING THE PROGRESS OF LAND DEVELOPMENT OPERATIONS THE PERMITTEE SHALL TAKE "'LL SAf'ETY PRECAUTIONS REASONABLY NECESSARY TO PROTECT ADJ"'CENT PROPERTY FROM DAMAGE DUE TO EROSION. FLOODING. SILTING OR OTHER STORM RELATED HAZARDS WHICH "'RE'" CONSEQUENCE OF HIS OPERATION. DUIT CDNTIIOL. THE PERMITTEE SHALL PROVIDE ADEQUATE DUST CONTROL MEASURES.IY WATERING OR OTHER MEANS ACCEPT ABLE TO THE CITY ENGINEER DUST CONTROL MEASURES SHALL IE APPLIED AT THE CUT SITE. THE FILL .. SITE AND/OR MATERIAL IN TRANSIT AS M"'Y BE NECESSARY -'11 THE PERMITTEE SHALL CONFORM TO THE REQUIREMENTS OF SECTION 17.24.050 OF THE CITY CODE WHICH LIMITS THE GENERATION OF NOISE BETWEEN THE HOURS OF 10:00 P.M. AND 7:00 ....M. IlIPONIIIILm Of ""..,TTll.""OTICTION Of UTILITlII: DURING LAND DEVELOPMENT OPERATIONS THE PERMITTEE SHALL BE RESPONSIBLE FOR THE PREVENTION OF DAMAGE TO ANY PUBLIC UTILITIES OR SERVICES. THIS RESPONSIBILITY APPLIES TO THE SITE OF THE LAND DEVELOPMENT "'ND ALONG ANY ROUTES OF TRAVEL OF ANY EQUIPMENT PERFORMING THE LAND DEVELOPMENT IIIPO"""L'TT Of PIII...TTlI.""DTlCTlON Of _CINT _TT: NOTWITHSTANDING MINIMUM STAND"'RDS SET FORTH IN THE LAND DEVELOPMENT ORDINANCE OR THE CONDITIONS OR ISSUANCE OF A LAND DEVELOPMENT PERMIT ISSUED THEREUNDER. THE PERMITTEE IS RESPONSIBLE FOR THE PREVENTION OF D"'MAGE TO ADJACENT PROPERTY AND SH"'LL NOT EXC"'VA TE ON LAND SO CLOSE TO THE PROPERTY LINE"'S TO END"'NGER ANY ADJOINING PUBLIC OR PRIVATE PROPERTY WITHOUT SUPPORTING AND PROTECTING SUCH PROPERTY FROM SETTLING. CRACKING. OR OTHER DAMAGE WHICH MIGHT RESULT IlDD.IC&_ Of _OftD PLANI: ALL MODI FICA TIONS OF "'N APPROVED LAND DEVELOPMENT PLAN MUST R IN WRITING AND 8E APPROVED BY THE CITY ENGINEER. CDIlPLlTlON Of _II_T__ _ .....,.. --: THE PERMITTEE SHALL NOTIFY THE CITY ENGINEER WHEN THE LAND DEVELOPMENT OPERATION IS READY FOR FIN...L INSPECTION FINAL APPROVAL SHALL NOT R GIVIN UNTIL ALL WORK INCLUDING INSTALLATION OF "'LL DR...INAGE STRUCTURES AND F...CILITIES. AND ALL PROTECTIVE DEVICES HAVE BEEN COMPLETED "'ND ANY REQUIRED PLANTING EST ABLlSHED. AND ANY REQUIRED CERTIFICATIONS. ......UIL T PLANS. AND/OR REPORTS _HAVE BEEN SUBMITTED THE CITY ENGINEER MAY. U1"ON REQUEST. ClATIFY THE COMPLETION OF WORK IN "'CCORD WITH THE PERMIT ISSUED PURSU"'NT TO THE LAND OEVELOPMENT ORDINANCE. ILO'Na "Mil': . THE ROUGH GRAD'NG PHASE OF THE LAND DEVELOPMENT WORK DESCRIBED ON FORM PW-E-'oe I SHALL IE CO~IPLE.ED BEFORE A BUILDING PERMIT CAN IE ISSUED. ~ I/--Vj ~ -- ~ .- tHE OWNER. AS PEIIlMITTEE. tS.....-or r-ILE trOf' AU. ".. FOU.C 'DIQ -.G4.....~ OF....".,. THE WONt IS DONE IT HI". HIS ENGINEEII. Ofl HIS ~. tID......~ ,. ISSUANCE OF A LAND DfV'EL.OPMENT""'" ~" ,1II'Ii ~ ,-.- TODD ONL Y,..,....,..WtICH IS SPECI',ED AND _\lED IY *JCH _IT. ... . - ..... THE P'lAUlifEE IHAU. COMPLEtt AU. OF THE WOM OU7llMD wme. tHE t.NCI DEVIUWUBfT .....IT WITHIN THE T_ ""IT _CIFlED.. IUCH-.T. "NOv.EUMlTI8~. WOIIUHAU..COlIlPUTED WITHIN 180 DAYS AFTEII TME DATI OF _ "'ICE OF TME I.AHD 1lEVEL-.n ......IT " THE PlII"mu IS _E TD COMPLnt TME WOIIK _ TME __lIED v.E. .. ~ "'_ TO E.~IRATION OF THE ""..IT 'MaNT A ~IIEOUUT _AN ___ OF v.E 8ETT..o_TME llEASONS 'Ofl SUCH 1lE0\JEST . ..... ........ ....CMmCIII&. DUlliNG THE ~OGIIESS OF I.AHD DEVELOPMENT _TlONS TME _ITTIE ~ TME lW. -.v ~ECAUTIONSllEASONAlLTNECE5SAIITTO",OTlCT _ ____I , __GEOUETOEIlOSION. FLOODING. SILTING 011 OTHEII STOflM IlELATlD HAZAIIOS _'0M AIlE A _OUlNCE OF HISOPE....TION. DUlT COWTIlOi.. THE ~EIIMITTEE SHALL ~OV1DE ADEOUATE DuST CClHTIIOl. ItIEASUIIES II'f ."TEIIING Of! OTHEII _5 ACCE'T AILE TO THE CITY ENGINEER DUST CONTllOL ..EA5UllES SKAU.8EAPPl.IEDATTME CUTIITI. THE FILL SITE AND/OR MATERIAL IN TRANSIT AS....'.. NECE5SARY -.. THE PEIIMITTEE SHALL CONFOIIM TO THE IlEOUIIIE..ENTS OF SECTION ".1<_ OF THE CITY CODE _'CH LIMITS THE GENERATION OF NOISE 8E'TWEEN THE. HOl.MS OF '0:00 P.M. AND 1:00 A.... .., C ...1,.," Of' ~...-mI"OTlI:TlOtrt 0lI' ""'-"N' DUlliNG LAND DEVELOPMENT ~EIIATIONS THE PE....'TTEE SHlW.lIE_IILE 'OATHE ",EVENTION 0' DAMAGE TO ANT PUBLIC UTILITIES 011 SEIIVICES THIS _'IILITY A""-'ES TO THE SITE OF THE LAND DEVELOPMENT AND aLONG "NT "OUTES OF TIlAVEL OF lIMY _ _~ THE LAND DEVELOPMENT .. II ......,.,... ....-na~................-n; NOTWITHSTANOlfllG MINIMUM STAHOAIlmS lET ,0fItTH IN THE LAND DlVlLOIIMENT D-C.ll.&NCE ()IIII: THE COND'TIONS 011 ISSUANCE OF A LAND DEVELll"tOENT PE....IT IISUEll THEIIE_. TME _"ITTEE IS IIESPONSISLE '011 THE PREVENTION OF D.......OE TO All./"CENT ""Of'tll''f _1HALl. NOTEXCAVATE ON LAND SO CLOSE TO THE PIIOPEIITY LINE AS TO END....OEII ANT All./OINING _LIC Of! ",IVATE ~WlTHOUT SUPPOIITING AND PROTECTING SUCH _IITY _ IETTUHG. CliActtING, Ofl 01HIIl D.....IIE _ICH MIGHT RESULT -'""'\ ....ICATIOtI 01' ....OWlD ~ ALL MODIFICATIONS OF" AN A~ LANDDEVEL~ IlLAHMUST. "WIIIITWlIGAND.J.rfIfl.eW'IDIV 'THE CITy ENGINEER ~___.fIO-nn:.aTlOlll_~,,-: THE PEIIMITTEE SHALL NOTIFY THE CITY _..__ TME LANliOlVELllPMENT ~TION IS ....DY'OII "NAL INSPECTION FINAL "~II0VaL~NOT.CIIVIN c..T1LlW. _K INCl.UDlNGNTo.uATlONOF AU. OIIAINAGE STIIUCTUIIES AND '''CIL'TIES. AND aLL fIIIOTECTIVE llEVICIS HAVE lIEN CllItt1"-ETED ....D ANT IIEOUIIIED PLANTING EST AlLISHED. AND ANY IIEOUIIIIID ClllTlFICATIONS.......,.L ~ PLANS. ANDIOlIIIIE~S HAVE BEEN SUIMITTEO THE CITT ENGINlE" ....Y. U'ON MOUUT. ClllTIFY TME _ETION OF _ IN ACCORD WI'TH THE "'''MIT 1I&l1O ~ TO THE J.NIC) DlVlLOI".-n OMHN4NCI. ~""'T TMe "OUGH GIIIAOING .....ASE or: THE LAND DIVIL~WOIIIC [+v CO"'PL.E~ED IEFOIlllE A aUILOIHG """'T CAN" 18SUID. ~L. ClN_PW+".~1E . . .' .'.."'"' 1--":: ;. .'" ".~.. '. , """'I ~_: //~5V ~ , \ ", .. . -. . . . CIT't' OJ Ct4ULA VlST... DI'AIlITMlNT OF INGINEE'UNG APPLICATION FOR LAND DEVELOPMENT PERMIT NOTE A"'L leA TICIN MUST IE ACCOM'ANlED IY ClAADING ~ AND ESTIJr./lAT( AOOITIONAl. .....TANT....TfNG DOCUMENTIIMY IE. REQUIIIIED ",I~ TO VALIDATION Of' THI......11. ..~'IOM ~......... -......~ ........1I.....-__ClI~, D..e""''''''Dh.- 4..1 .~..~__ 1IIClDI1Wt"",O__~.____"~ C ~'IlIIOu.IUl____'" a .ftllCOl.M( ........." -.- .... IIlIlO"OIIO ~t1\A.' Of OI'IM'nOIII ""pIIIU~ " - .....' - """'................------'.. ......~..._....----~--. t"A""",._....'*I___.~___..--...... ...cm__.,..".".._~...."""'",-,__ ----~.....~_........... ----- .... ........... Of...... ~......" -...... __n .-j {- .-- - -..... 1ftIIoIt'''*1 --... 'O"...~1OICl .,. .... LMIOICA"""Cl _lGATIOtIl tOt...u at'" -- a,. ... ate ... -......-: o =IIMATI~"::;; .-- "U .... - - ~~c."" ..e.....'" ... -.ttlOM'" ( ....... Of.CI T.: . ...1AIl Of ........-.0 """"0 ... . ........Of~l___ -.. ..........",WIlIIn ~_ _1; _~ - ..- - ---. .... --... .. - ... .,.. - - '"' I~: a.....-cMII......, ..-0 D~.......n.tOCD a. -""....~ D..,.......n__ - "-" .-.-....-.-: -.. .... --.. .... ._- .... 41 I DPT.: ~ CIlIIIWhOMI............,. 0. ,......", ."......ClCIIemClIMIOtIl -- 8--.,....- --.-0 -'~"""'...-D D -':...,.-.-cl U C = n 1lU''D -"'~"'Wf: ....,... ~ ODI.IIIQ" "''''01 tIC ..".~..........,-- 1IOl-,": .....~ . .....-- . -~._. -"- -.. _q,-.u - -"'"' -- -.. -.-g ~., ... ...q.-.- _......................_tUIII. .......,,.oo...._~ --- .. .... ...-r...... .... .-,......- __L4.-= -- --.... --.... --.... -- --...,., -- - ..... ",..,..- -- --- -- _ 1 JqA - ,....- - -- - -. ))-5/ 'P-&5 Jf1B art OF c::rIVU JIIIJ'A PAltl'l_~ DU'BIDZN't Statemat eIIdfaCloaure ellcutaIa ___ Ildtf..., ~ ,... ." Gr caspafp (I IIR..41au, _d..uen wblc:h wm ~ dllcretlotwJ aeIIcm _.. part oldle at, ~. PfaDfq ~~.lIIId II DII2cr ".-" ~... Tbe fD1IowID& ~...... _lie III.." -.e. . final map' L LIlt ... ..."'.. cf d JlIOOIII .... . IP-'" ....... . .. . ..... at&IU1Ol'. .Llt 1~6CICII'. _IloiW 1ippUer. . Rancho Del Rei Inve~ L,PJ' A California L~ited Partnerphin Owned by: Tr dent ~ite , an Arizona L1mitea-Partnership McMil~in-RDR Inc. l California Corporation . 2. . 10.1-11-'94 FlU 16:22 ID:CI'TY IF QU.A VISTA TEL 1C1lCI'TY IF QU.A VISTA ~ Pe2 . E KfU..b i-f E I , If 11I1 pmcm ~dhd ~t to (1) a1MM II. _......_ ClI' ....".-..'\1. JIlt 6a -" ol all lIldMdu GWJIiIDI .... ilia 1"" or tile .... III ilia apara1Iaa or ... all)' JlUIMII1IIp ...., II die ~Mp. . N~ . J. If U1 penon Id&Dtlled pamIIDt 10 (1) a1xM II JIOD1IIc6 ~dcm ClI" ... JIM tbo -1IIC1 ollll1 pencm senfD& u dfrector ol tbo ......-......81 arr' Gr U trII1CO or _...." or tnIIlOr at UIe tnaat. . McMillin Family Trust Macey L. McMillin Jr., Trustee Vonnie L. McMillin, Trustee ... H... JOU IIId more UIIn $250 wortb ell MisI.. tm-0IId wIGI all)' ..... or tbe Q)' lid, 8oarda, o,...lIIlu1ou, Qmmdt10u ad ~ wlUdD tbe put__ ~, Yu_ No ~ IfJUe pleae flldlcate pa'IOII(.): . lleue ldendty eadl ad IftIJ paaan,1Dl:hIdID&., =1IIIpk..._a.llaIInltatI ClII' ~lIdeDt eontraetorl who ~\J JIa\Ie IIIfped to I..... _lad ~ die a,.- ~.". Ed Elliott . Ken Baum~artner . Thom Fuller Crab Fukuvama " 6. II..- '" IIIIUor J'CIUI' - I . GrIl'O'\ 1I........t.e- I6JlId.......1tODO to. ~ftltmbIr Ia 1IIe ~.1IIl ClII' prll CW "'" tllc:daD pedICI' Y. _ No...!. .,.,... wJdc:b 0,.--'-(.) . . . ='~~~:~---;;;-~.:~~~=- ...-~~T"; '''b.;:__;~'. ..~ ...,........Jla..11l ~ .......... eo-om: AaICIllddtdllllll...... 1IIII1 If) J:Jat.: November 14. .1994 ':';:'1i. ./ ~_.~ ~ olCOD~ , )/-~L-r Kenneth S. Baum~artner .JIJtat Ill' .. __ 01 CODtraCllll'lapplaDt _ . ....... u.os ..........9:..---- -w.ft . ~\~ )) A DIVISION OF C C & R PROPERTY INVESTMENTS, INC. 539 Telegraph Canyon Rd. Ste #145 Chula Vista, CA 91910 Office: (619) 421-4121 Fax: (619) 421-5628 E-Mail: Prodigy' wumk22a November 22,1994 TO: Mayor Tim Nader and City Counsel of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 Dear Mr. Mayor, The Community of Villa Palmera (which represents 76 single family homes) still has concerns which have not been answered despite a meeting with The City and subsequent correspondence. The following are issues which need to be addressed or require further attention. 1) Notice of hearing With regards to the noticing process, paragraph II of correspondence dated November 4, 1994 sent to Villa Palmera, mention was made that The City was not made aware of any irregularities in the noticing procedures during the hearing process, which "sometimes occurs if there is a problem with mail delivety" It would be impossible to inform The City of a lack of receipt if we are not aware that notices were sent. Since my presentation at the City Council Meeting of August 23, 1994, I have had the opportunity to question many more home owners of Villa Palmera as to whether they received notice; the answer is always in the negative. 2) Trail The 8-10' sidewalk/recreation pathway called for in Resolution 16222 (Condition 12) calls for the pathway to connect the trail systems in the south leg of Rice Canyon and in the Telegraph Canyon Rd. open space area. (I have referred to this twice before). Again I refer you to Condition 30 of the same Resolution which refers to the sign program identifying the trai1 network and Condition 31 which refers to equestrian type fencing. Yet The City continually says that a horse trai1 has never been intended ? Regarding horses and sidewalks, The City has provided CA. Vehicle Code 21050, however this refers to the highway, not residential streets. Park Rule 2.66.100 refers to leaving or hitching horses and Park Rule 2.66.130 is at the discretion of the Director of Parks and Recreation. The City has already stated that it eannot keep horses off of the sidewalk. I have previously asked for evidence of Health Codes with regards to horses: i.e. proximity to non- public residences and the disposal of exaement. Are there no health codes? Also unanswered, will horses be allowed to travel on or adjacent to Paseo Ranchero and will signs be posted indicating that horses are not allowed in the area? Lastly, I refer you to Paragraph II ofIssue II in my letter to Steve Griffin dated September 28, 1994. In part it reads, per The City's 'Street Design Standatd Policy'. 8' wide sidewalks are constructed along 4 Lane and 6 Lane Major Streets in commercial areas. not in residential areas. The sidewalk designation for a 'aass I Collector Street' is 5.5', which is the existing condition along Paseo Ranchero. Per Condition 14 C of Resolution 16222, ' the existing conditions shall remain' Eularging the sidewalk is therefore not an issue, as it is an existing condition AND is not in a commercial area. 3) Safe Speed along Paseo Ranchero At the meeting of September 23. it was agreed that Paseo Ranchero would be posted at 35 MPH, at least until such time that the construction was completed between E. "II" St. and Telegraph Canyon Rd. At that time a speed study would be conducted to determine the appropriate speed limit. Per correspondence from Harold Rosenberg, City Traffic Engineer, dated October 20, 1994. the posted speed will be 40 MPH. Two points stand out in the city's de- fense of the higher speed: 1) a lower posted speed limit may be considered a speed trap and 2) it is not believed to be a good idea to post a lower limit now that might have to be increased later. What kind of convoluted thinking is /' j)/fl III this? It sounds like The City is giving in to pressure, rather than doing the right thing! Page I of The City of Chula Vista 'Street Design Standards Policy', Paragraph II so states 'The street design standards establish uniform policies and procedures to carry out the City's General Plan and Circulation Element. It is neither intended as, nor does it establish, a legal safety standard for these functions" Who then, does take responsibility for determining safe speeds? McMillin has indicated that from Telegraph Canyon Rd. north to the E. "J" St. intersection, Paseo Ranchero cannot be posted above 35 MPH due to the slope of the bill. Per Harold Rosenberg's memo dated October 20, 1994, in the area of the school (north and south), the speed limit will be posted at 25 MPH. That means in a relatively short stretch of road, there will be THREE different posted speed limits! Going from 40 to 25 MPH is a danger in and of itself. It seems that the safety and welfare of the cbildren is not a concern of The City How many cbildren have to be injured or die for The City to wake up? Exhibit D from Bob Leiter re: The City Council Meeting of November 22, 1994, includes a comparison of the 1988 designation to the current street standards of Paseo Ranchero. We were told at the meeting of September 23, 1994 that there would be NO parking along Paseo Ranchero, the comparison shows otherwise. Please clarify this point. 4) A) Safety of Villa Palmera Homes/Residents William Ullrich, The City's Senior Civil Engineer, response to the vebicle out of control issue is based on 35- 40 MPH parameters. This is the minimum posting speed. A vehicle traveling faster will result in a much different outcome. When questioned about a guardrail, the consequences of a vebicle going over the rail seems of more im- portance than the safety of the residents of the home and any resultant injuries. B) Private Road Issue The City's response to the concern that the private road rmming through Villa Palmera would not be traveled by the general public seems very unlikely. "Private streets are not as wide as public streets and therefore give the ap- pearance that use is limited to residents" Given the location of Circu10 Verde, it is likely that it will be viewed as a short entto E. "J" St., especially when the school posting is in place. Charter Point, whose entrances are located on Otay Lakes Rd. and Telegraph Canyon Rd. is an excellent example of a community whose streets are used for shortcuts. This issue has been a concern of theirs for a long time. It seems reasonable that The City would post 'NO THOROUGHFARE' OR 'NO OUfIEf' signs for the residents of Villa Palmera. William Ullrich has also indicated that The City would attempt to control construction traffic going through Villa Palmera by shutting down construction until the activity ceased. What is the likelihood that The City would proceed in this manner? Who, at The City would we contact? 5) Builder Issues McMillin has posted both entrances to Villa Palmera with signs indicating that constuetion traffic should not pass through. A letter has been requested from McMillin guaranteeing repair to Cireulo Verde if trucks do drive through Villa Palmera and damage the newly resurfaced road. This certainly seems a reasonable request in light of good community relations. As recent as September, McMillin has guaranteed notification within 10 days of construction activities to the Villa Palmera Homeowners. Recently earth moving activities commenced with no one in the community being notified. Steve Griffm, The City Principal Planner, has indicated that homeowners in Villa Palmera and the Home Owner Association will receive notice of any subsequent RdR III fmal map considerations that go before The City Council. To help ensure delivery to the current home owners, he can contact Curtis Management for the most recent list. I look forward to a conclusion of the preceding issues. ~BA. President, Villa era Homeowners Assoc. President, CC&R Property Investments, Inc. J)~.5~ \':~ ce: Steve Griffin, City of Chnla Vista (including 6 copies for his distribution) McMillin, Constance Byram and Thorn Fnller Curtis Management, Christine Olivas and Legal Counsel Villa Palmera Board of Directors /!-3? " }\ r, I, RESOLUTION NO. J ??J.. 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR STREET PURPOSES OVER A PORTION OF LOT A IN THE LADERA VILLAS SUBDIVISION MAP 12519 WHEREAS, the developer has dedicated or obtained all right-of-way necessary to construct or widen the major streets within the subdivision with the exception of a portion of Pas eo Ranchero, which was previously offered for dedication as a public street; and, WHEREAS, this right-of-way, a portion of Lot A in the Ladera Villas subdivision, was offered for dedication but rejected on Final Map No. 12519; and WHEREAS, in accordance with section 66477.2 of the Subdivision Map, rejected offers of dedication remain open until the city accepts or terminates and abandons the offers by Council resolution; and WHEREAS, the action before Council will accept this irrevocable offer of dedication (IOD) in accordance with the Subdivision Map Act thereby providing adequate right-of-way to construct Paseo Ranchero in conformance with City standards; and WHEREAS, the acceptance of the IOD is being requested at this time because access to the development during construction is limi ted to Paseo Ranchero and Ladera, consequently, the road construction will be one of the first items of work. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby accepting an Irrevocable Offer of Dedication for street purposes over a portion of Lot A in the Ladera Villas Subdivision Map 12519. John P. Lippitt, Director of Public Works Bruce M. Attorney to forDY Presented by ?red Ij/}'/ I"'! RESOLUTION NO. /77 J () RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CONDITION OF APPROVAL NO. 74 OF THE RANCHO DEL REY SPA III TENTATIVE MAP TO CLARIFY WHEN PARK ACQUISITION AND DEVELOPMENT FEES AND TELEGRAPH CANYON CHANNEL DRAINAGE DIF ARE PAYABLE FOR THE SUPER BLOCK LOTS WHEREAS, Condition of Approval No. 74 of the Rancho del Rey SPA III tentative map allowed the developer to file a master final map (MFM) to create super block lots for the purpose of selling said lots to guest builders; and WHEREAS, subsequent final maps would be required to create the lots shown on the approved tentative map and the condition also provided that the MFM was not to be considered the first final map referenced in other conditions of approval; and WHEREAS, however, Condi tion No. 74 did not indicate whether the Telegraph Canyon Drainage DIF (TCDDIF) and Park Acquisition and Development (PAD) fees were to be paid at the time of approval of the MFM or upon approval of subsequent final maps; and WHEREAS, the proposed amendment to Condition No. 74 clarifies that the TCDDIF and PAD fees are payable prior to approval of the final maps which create individual lots as depicted on the approved tentative map; and WHEREAS, staff recommends that Condition No. 74 be amended to add the following: "The Telegraph Canyon Drainage DIF and Park Acquisition and Development fees applicable to the property to be subdivided by the master final map are due and payable prior to approval of subsequent final map(s) filed over said property to create individual lots as depicted on the Rancho del Rey SPA III tentative map." NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby amend Condition of Approval No. 74 of the Rancho del Rey SPA III Tentative Map to clarify when Park Acquisition and Development Fees and Telegraph: Canyon Channel Drainage DIF are payable for the super block lots. John P. Lippitt, Director of Public Works Presented by I/{J-I / 1\ L) RESOLUTION NO. 177 J I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MASTER FINAL MAP OF CHULA VISTA TRACT 90-02, RANCHO DEL REY, SPA III, MASTER FINAL MAP, 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 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 90-02 RANCHO DEL REY, SPA III, MASTER FINAL MAP, and more particularly described as follows: Being a subdivision of a portion of Quarter Sections 36, 37, 41, 42, 62, 63, 64, 69 and 70 of Rancho De La Nacion, 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 San Diego, including therein Lots 'A' , 'B', 'D', 'E', and 'G' and a portion of Paseo Marguerita of Casa Del Rey, according to Map thereof No. 9125, filed February 22, 1979, in the office of said County Recorder. Area: 407.821 acres Numbered Lots: 16 No. of Lots: 16 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 streets, to-wit: portions of Paseo Ranchero, East "J" Street, Paseo Ladera, Pas eo Entrada, and Buena vista Way (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 said Council hereby accepts on behalf of the City of Chula vista the easements tendered with the right of ingress and egress for construction and maintenance of traffic control, drainage and sewer facilities and street tree planting and maintenance, all as granted and shown on said map lIe., I ) \b 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 has approved said subdivision map, those public streets set forth therein, and that those certain easements with the right of ingress and egress for the construction and maintenance of traffic control, drainage and sewer facilities and street tree planting and maintenance, as granted thereon and shown on said map within said subdivision are 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 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as document number (to be completed by the City Clerk in the final document). 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 Chula vi ~ John P. Lippitt, Director of Public Works as to Presented by Booga C:\rs\RDRSPA3 f.p 2 lIe ,.2. RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City Clerk CITY OF CHULA VISTA 270 Fourth Avenue Chu1a 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 For Recorder', UIe Only SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDMSION IMPROVEMENT AGREEMENT ("Agreement") is made and entered into this day of , 1994, by and between RDR INVESTORS, L.P., a California limited partnership, 2727 Hoover Avenue, National City, California 92050 ("Subdivider"), and the CITY OF CHULA VISTA, a California municipal corporation ("City") with reference to the following facts: A. The City Council of the City, on July 30, 1991, approved Resolution No. 16222 (the "Resolution"), approving a tentative map of Chu1a Vista Tract 90-02, a proposed subdivision known as Rancho del Rey SPA ill (the "Subdivision"), subject to certain requirements and conditions. B. Condition No. 74 of the Resolution provides that Subdivider may file a master final map, as more particularly described in the Resolution. C. Subdivider is about to present to the City Council of the City, for approval and recordation, a master final subdivision map (the "Master Final Map") of the Subdivision, 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 (the "Code") relating to the filing, approval and recordation of final subdivision maps. D. The Code provides that before a final subdivision map is finally approved by the City Council of the City, a subdivider must have either installed and completed all of the public improvements and land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the City Council for the purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative, the subdivider s"o..impr.Glr 11108/94 -1-/}C ~3 \ \~, shall enter into an agreement with the City, secured by an approved improvement security to insure the performance of the work pursuant to the requirements of Title 18 of the Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and land development work required in the subdivision within a definite period of time prescribed by the City Council. E. Subdivider is willing in consideration of the approval and recordation of the Master Final Map by the City Council, to enter into this Agreement which provides that Subdivider will install and complete, at Subdivider's own expense, all of the public improvement work ("Improvement Work") required by the City in connection with the Master Final Map of the Subdivision and will deliver to the City improvement securities described below as approved by the City Attorney. F. Complete plans and specifications for the construction, installation and completion of the Improvement Work have been prepared and submitted to the City Engineer. The Improvement Work consists of the following five separate public improvement projects (sometimes referred to in this Agreement singularly as a "Project" or collectively as "Projects"): 1. City File No. PC-989 (paseo Ranchero, East H Street to Telegraph Canyon Road) as shown on Drawing Nos. 94-48 through 94-59 inclusive, on me in the office of the City Engineer ("Project PC-989"); 2. City File No. PC-1023 (Corte de Cera Pump Station Removal) as shown on Drawing Nos. 94-383 through 94-384 inclusive, on me in the office of the City Engineer ("Project PC-1023"); 3. City File No. PC-990 (East J Street, East of Paseo Ranchero) as shown on Drawing Nos. 94-196 through 94-201 inclusive, on me in the office of the City Engineer ("Project PC-990"); 4. City File No. PC-991 (East J Street, Paseo !.adera to Paseo Ranchero) as shown on Drawing Nos. 94-253 through 94-258 inclusive, on me in the office of the City Engineer ("Project PC-991 "); 5. City File No. PC-996 (Paseo Ladera, Paseo Entrada to East J Street) as shown on Drawing Nos. 94-316 through 94-319 inclusive, on me in the office ()f the City Engineer ("Project PC-996"); and 6. City File No. EY-354 (Rancho del Rey SPA ill Outfall Sewer) as shown on Drawing Nos. 91-573 through 91-582 inclusive, on me in the office of the City Engineer ("Project PC-1046"). G. An estimate of the cost of constructing the Projects according to the plans and specifications has been submitted and approved by the City in the amount of $4,097,900. nlb-impr.G,r 11I06/94 -2- lIe _ y I !e] NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Subdivider, for itself and its successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to do and perform or cause to be done and performed, at its own expense, without cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the Improvement Work required to be done in connection with the Master Final Map in and adjoining the Subdivision, and will furnish the necessary materials for the Improvement Work, all in strict conformity and in accordance with the plans and specifications, which documents have been filed in the office of the City Engineer and are incorporated by this reference in this Agreement. 2. 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. Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this Agreement to be done on or before the third anniversary date of City Council approval of this Agreement. 4. Subdivider will perform the Improvement Work as set forth above, or that portion of the Improvement Work serving any buildings or structures ready for occupancy in the Subdivision, prior to the issuance of any certificate of clearance for utility connections for the buildings or structures in the Subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of the Improvement Work or the portion thereof serving the buildings or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. In the performance of the Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City and the laws of the State of California applicable to such work. 6. Subdivider agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, approved improvement securities in the sums specified below from a sufficient surety, whose sufficiency has been approved by the City, which securities shall guarantee the faithful performance of the respective Projects by Subdivider and are attached as Exhibits" A-I" through ~: (c) (d) Project PC-991: $1,082,800 $ 24,500 $ 281,500 $ 210,950 Project PC-989: (a) (b) Project PC-loo3: Project PC-990: Sllb-impr.al" 11108/94 -3- Ile*S o'JU -' (t) Project PC-1046: $ 80,600 $ 187,300 (e) Project PC-996: . 7. Subdivider agrees to furnish and deliver to the City, simultaneously with the execution of this Agreement, approved improvement securities in the sums specified below from a sufficient surety, whose sufficiency has been approved by the City, to secure the payment of material and labor in connection with the installation of the respective Projects by Subdivider and are attached as Exhibits "B-1" through ~: (a) Project PC-989: $1,082,800 (b) Project PC-1023: $ 24,500 (c) Project PC-990: $ 281,500 (d) Project PC-991: $ 210,950 (e) Project PC-996: $ 80,600 (t) Project PC-1046: $ 187,300 8. Subdivider agrees to furnish and deliver to the City, 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-Nine Thousand Dollars ($49,000) to secure the installation of monuments, which security is attached as Exhibit "C". 9. Subdivider has furnished and delivered to the City an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Seventy- Seven Thousand Dollars ($77,000) to secure vernal pool mitigation and monitoring pursuant to the "Final Vernal Pool Restoration Plan for Rancho Del Rey SPA ill, City of Chula Vista, California" dated October 2, 1991, a copy of which security is attached as Exhibit "D". 10. Upon certification of completion of a Project (or Projects) by the City Engineer and acceptance of the work by the City, and after certification by the Director of Finance that all costs of the work are fully paid, the whole ainount of the improvement security for the Project (or Projects), or any part thereof not required for payment of the costs of the work, shall be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. 11. If the work on any Project (or Projects) is not completed within the time specified, the sums provided by the improvement securities for the Project (or Projects) may be used by the City for the completion of the Project (or Projects) in accordance with such specifications contained or referred to in this Agreement. Subdivider agrees to pay to the City any shortfall between the total costs incurred to perform the work, including design and administration of llIb-lmpr.agr 11108/94 -4- lIe ~t ,1-1 construction (including a reasonable allocation for overhead) and any proceeds from the improvement security. 12. In no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the Improvement Work, nor shall any officer, his/her sureties or bondspersons, be liable for the payment of any sum or sums for such work or any materials furnished for the work, 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 Code. 13. Any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by the City in connection with the approval of the Improvement Work, plans and installation of the Improvement Work, and the cost of any street signs and street trees as required by the City and approved by the City Engineer, shall be paid by Subdivider, and that Subdivider shall deposit with the City, prior to recordation of the Master Final Map, a sum of money sufficient to cover such costs. 14. Until such time as all work on a Project is fully completed and accepted by the City, Subdivider will be responsible for the care and maintenance of, and any damage to, the Project improvements. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one (1) year from the date of final acceptance and correct any and all defects or deficiencies arising during such period as a result of the act or omission of Subdivider, its agents or employees, in the performance of this Agreement, and that upon acceptance of the work by the City, Subdivider shall grant to the City, by appropriate conveyance, the public improvements constructed pursuant to this Agreement; provided, however, that acceptance by City shall not constitute a waiver of defects. 15. 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 act or omission of Subdivider, its agents or employees, 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, it agents or employees, 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 the Subdivision and the public improvements as provided in this Agreement:' 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 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 the City, by such approval, be an insurer or surety for the construction of the Subdivision pursuant to 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 acceptance by the City of the improvements. ..impr.GJ' 11108/94 -5- / / c - '1 '-2 \(,- 16. Subdivider agrees to defend, indemnify and hold harmless the City, 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, appeals board or legislative body concerning a subdivider, which action is brought within the time period provided for in 166499.37 of the California GoVERNMENT CODE. 17. The burden of the covenants contained in this Agreement is for the benefit of the land owned by the City adjacent to the Subdivision. The burden touches and concerns the Subdivision. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. The burden of this Agreement shall be released from title, as to an individual lot or unit within the Subdivision upon the sale of any lot improved with a residence. If requested by Subdivider, City shall execute a quitclaim releasing the burden of this Agreement from the title to any such lots. If Subdivider assigns any portion of the Subdivision subject to the burden of this Agreement, Subdivider shall have the right to obtain a Telease of any of Subdivider's obligations under this Agreement, provided Subdivider obtains the prior written consent of the City to any such release. City shall not withhold its consent to any such request for a release so long as the assignee demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Subdivision which is being acquired by the assignee.. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date set forth above. RANCHO DEL REY INVESTORS, L.P., a California limited partnership By: McMILLIN PROJECT SERVICES, INC., a California corporation, as Attorney-in-Fact under Durable Power of Attorney By Its By Its 611b-impr.4&T 11/08/94 -6- //c~ r ., /) ...) \v ATTEST IMb-impr.." 11108/94 o ed as to.!h City Attorney CITY OF CHULA VISTA, a Califom).a municipal corporation By Mayor of the City of Chula Vista -7- lIe. 9/ /I e. -10 .., zJ fy COUNTY OF SAN DIEGO ) ) ss. ) STATE OF CALIFORNIA On , 19_, before me, Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) STATE OF CALIFORNIA ) ) ss. ) COUNTY OF SAN DIEGO On , 19_, before me, Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) sllb-1mpr.qr 11108/94 -8- /JC"'//) LIST OF EXlUBITS Exhibits "A": Improvement Security: Form: Amount (Exhibit A-I): Amount (Exhibit A-2): Amount (Exhibit A-3): Amount (Exhibit A-4): Amount (Exhibit A-5): Amount (Exhibit A-6): Exhibits "B": Improvement Security: Form: Amount (Exhibit B-1): Amount (Exhibit B-2): Amount (Exhibit B-3): Amount (Exhibit B-4): Amount (Exhibit B-5): Amount (Exhibit B-6): Exhibit "C": Improvement Security: Form: Amount: Exhibit "D": Improvement Security: Form: Amount: Faithful Performance Bond $1,082,800 $ 24,500 $ 281,500 $ 210,950 $ 80,600 $ 184,300 Material and Labor Bond $1,082,800 $ 24,500 $ 281,500 $ 210,950 $ 80,600 $ 184,300 Monuments Bond $49,000 Vernal Pool Mitigation and Monitoring Bond $77,000 Securities approved as to form and amount by: City Attorney Three (3) years from date of City Council approval of the Subdivision Improvement Agreement. Improvement Completion Date: Sflb-impr.qT 11108/94 -9- I/C~// \ J.-S COUNCn. AGENDA STATEMENT SUBMITTED BY: Item ) ~ Meeting Date 11/22/94 Resolution I ? ? J;; Accepting bids and awarding contract for "Removal and Site Clearance of Existing Buildings as part of the Civic Center Parking Lot Improvements in the City of Chula Vista, California (GG-148)" Director of PUbliC~ Wr r City Manager-.JGt (4/5ths Vote: Yes_No.xJ :..--e ITEM TITLE: REVIEWED BY: At 2:00 pm on November 2, 1994, in Conference Room 2 of the Public Services Building, the Director of Public Works received bids for "Removal and Site Clearance of Existing Buildings as part of the Civic Center Parking Lot Improvements in the City of Chula Vista, California." The work includes the removal of buildings, removal and disposal of existing improvements, excavation and grading, removal and replacement of existing trees, and other miscellaneous work as shown on the plans. RECOMMENDATION: That Council approve the resolution accepting bids and awarding the contract for "Removal and Site Clearance of Existing Buildings as part of the Civic Center Parking Lot Improvements in the City ofChula Vista, California (GG-148)" to Cement Cutting, Inc. San Diego, in the amount of $23,047 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the Fiscal Year 1994-95 CIP budget process. The overall scope of the project provides for the reconstruction and expansion of the existing employee parking lot. The project is scheduled to be done in two phases. The award of this contract represents the first phase of the construction process, and involves the removal of existing buildings currently located on the lot where the expansion of the parking lot is to take place, and preliminary grading of the site. The second phase of the construction, which is scheduled for sometime in the next couple of months, is for the construction and paving of the parking lot. The project was advertised for a period of four weeks beginning October I, 1994 and on the bid opening date, bids were received from six (6) contractors and are listed below /.J. i I~IP Page 2, Item 12- Meeting Date 11/22/94 Cement Cutting, Inc. - San Diego Hatlem Construction Co. - EI Cajon C. E. Wilson Corporation - Spring Valley . American Processing Company, Inc. - San Diego Mark McDowell Corporation - San Diego Templeton Engineering, Inc. - Escondido $23,04700 $35,000 00 $36,70000 $39,300 00 $40,798.00 $90,000.00 The low bid by Cement Cutting Inc. is below the Engineer's estimate of $26,000 by $2,953 00 or 11.35%. The contractor's bid mirrors the engineer's estimate in that it takes into consideration the salvage value of the buildings. It is the contractor's intention to salvage and move the buildings from the project site to another location. The specifications require that the low bidder have experience in the moving and demolition of buildings. Cement Cutting, Inc. is a locally based company that has an excellent reputation in the industry Staff has reviewed their references and determined that the contractor has the relevant experience and resources to carry out the work necessary for the construction of this project. We, therefore, recommend that the contract be awarded to Cement Cutting, Inc. Disclosure Statement Attached is a copy of the contractor's disclosure statement (Exhibit A). Environmental Status The City's Environmental Review Coordinator has reviewed the work involved on this project and determined that the project is exempt under Section 15301, Class 1 of the California Environmental Quality Act (moving of existing structure). Prevailing Wage Statement The source of funding for this project is Development Impact Fees. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the send of the notice to contractors to various minority trade publications. 1.2'~ Page 3, Item J ).. Meeting Date 11/22/94 Financial Statement A. Contract Amount C. Contingencies Total Funds Required for Construction $23,04700 $2,305 00 $2,305 00 $27,657 00 B Staff (Inspection) A. Civic Center Parking Expansion (GG-148) Account Total Funds Available for Construction $185,000.00 $185,00000 FISCAL IMPACT: This phase of the construction will utilize $27,65700 of the total budgeted funds for this project. The next phase of the construction will utilize the balance of the funds ($157,343 00). This project was funded through Development Impact Fees. Attachment A. Disclosure statement File: GG-148 AC:sb m:\homc\cngincer\agcnd\rcmoval.ac ).). .3/0. .. f RESOLUTION NO. /77JJ.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "REMOVAL AND SITE CLEARANCE OF EXISTING BUILDINGS AS PART OF THE CIVIC CENTER PARKING LOT IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (GG-148)" WHEREAS, at 2:00 p.m. on November 2 1994, in Conference Room 2 of the Public Services Building, the Director of Public Works received the following six sealed bids for "Removal and site Clearance of Existing Buildings as part of the civic Center Parking Lot Improvements in the City of Chula Vista, California." Cement Cutting, Inc. - San Diego Hatlem Construction Co. - El cajon C. E. Wilson Corporation - Spring Valley American Processing Company, Inc. - San Diego Mark McDowell Corporation - San Diego Templeton Engineering, Inc. - Escondido $23,047.00 $35,000.00 $36,700.00 $39,300.00 $40,798.00 $90,000.00 WHEREAS, the low bid by Cement Cutting, Inc. is below the Engineer's estimate of $26,000 by $2,953.00 or 11.35%; and WHEREAS, staff has determined that the contractor resources to carry out the work this project; and reviewed their references and has the relevant experience and necessary for the construction of WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved on this project and determined that the project is exempt under section 15301, Class 1 of the California Environmental Quality Act (moving of existing structure); and WHEREAS, the source of funding for this project is Development Impact Fees and no prevailing wage requirements were necessary or a part of the bid documents; however, disadvantaged businesses were encouraged to bid through the sending of the notice to contractors to various minority trade publications. 1 .J~,f NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby accept said six bids and awards the contract for removal and site clearance of existing buildings as part of the civic Center Parking Lot improvements to Cement cutting, Inc. in the amount of $23,047.00. BE Chula vista contract for IT FURTHER RESOLVED that the Mayor of the city of is hereby authorized and directed to execute said and one behalf of the city of Chula vista. John P. Lippitt Director of Public Works o ed A to Presented by Bruce M. Booga City Attorney M:\Ho.e\Attorney\Building.bid 2 I J. -t (:jD THE CITY OF CHULA VISTA DISCLOSURE SfATEMENT You are RqUired to file a StatemeDt of Disclosure of certain ownership or fioaocial interests, paymeDts, or campaip cootributioDs, OD III matterS which will require discretiODal}' action on tbe part of lhe City Council, P1anniDll Comm;,,;oD, aDd aU otber official bodies. The followiDll iofonnation must be disclosed: I. , ; 2. i 13. \ 4. s. 6. Lisllhe names of all persons baviDll a financial interest in lhe property wbich is the subject of the application or the Co_ ,e.g., owner, applicaDt, Cootractor, subcootractor, material supplier. rlo-J ~ If any person. identified pursuaDt to (I) above is a corporation or partnership, list the names of all individuals owning more lhan 10% of tbe shares in the corporation or owning any partnership interest in lhe partnership. ..J/A , If any person. identified pursuant to (I) above is non-profit organization or a trust, list lhe names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~/IX I Have you bad more than $250 worth of business transacted with an~ber of lhe City staff, Boards, Commissions, Committees, aDd Council within lhe past twelve month? Yes _ No A.lf yes, please indicate person(s): Please identify each aDd every person, including any ageDts' employees, consu1taots, or independeDt Comractors who you have assigned to represeDt you before the City in this matter. M ..J (,~~ ~K~rl/ ~ {;./ 1\Ao~C/,p-J Have you and/or your officers or agems, in~ aggregate, contributed more than $1,000 to a Council member in lhe. curreDt or preceding election period? Yes _ No A.lf yes, state which Council members(s): · · · (NOTE: Attached additional pqeI as nec:es,ury) · ,. j <S 1bI..J,.,J. ^'-L1f> rvy-~ Signatore of Contractorl ApplicaDt ~e-l AAf)~-.J Prim or type name of Comractorl ApplicaDt · &asm is defined as: "Any individual, firm, co-partnership, joint vtlltun, association, social clMb, fraternal organization, corporation. to,tate, trust, receiver, syndicate, lhi.' and any other county, city or country, city municipaUty, di.,trict, or other fHJUtical .'ubdM.,ion, or any other group tIT co/ll/Jinotion acting as a unit. 13 /.2 *? : Date:-!. \... \ ..- <} '1 COUNCIL AGENDA STATEMENT ITEM TITLE: Item 1.3 Meeting Date 11/22/94 Resolution 177 .:JJ Adding project TF231 - Accident Record System to the CIP Budget and appropriating $56,750 from Fund 219 for a Computerized Accident Informa' n Retrieval System SUBMITTED BY: Director of Public Wor (4/5ths Vote: Yes_NoX) REVIEWED BY: City Manage~ ~ --7 The State Office of Traffic Safety has approved a grant of $56,750 to upgrade the city's accident record retrieval system. The proposed system will integrate with the city's newly implemented Geographic Information System (GIS). The grant will allow the city to retain an information systems consultant to provide the City with a state-of-the-art computer software accident record retrieval system that is compatible with our GIS. The grant will also allow the city to purchase a GIS hardware station. RECOMMENDATION: that Council approve the resolution adding project TF231 - Accident Record System to the CIP Budget and accept funds, deposit into fund 219-0TS-Accident Record System and appropriate $56,750 from Fund 219-0TS-Accident Record System for a computerized Accident Record Information Retrieval System subject to fmal grant approval. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On April 5, 1994, City Council adopted Resolution 17440 (Exhibit I) authorizing the City Engineer to file an application with the State Office of Traffic Safety (OTS) for a grant to develop a Computerized Accident Record Information Retrieval System. The grant has been approved at the staff level by the State and should receive formal approval within one month. The grant will allow the City to develop a computerized accident record information retrieval program that is compatible with our GIS. The compatibility of the program is important to staff in order to eliminate double data entries and, most importantly, expedite the process with less staff time. A computerized accident record information retrieval system provides statistical information regarding accidents in the city through the use of two data bases; a) accident information and b) accident location. Through the proposed accident system, staff will no longer have to enter the accident location information. The accident location information on any accident will be retrieved from the GIS data base. This process will save an inordinate staff time. Currently staff spends a lot of time entering accidents and locations information and preparing accident information and diagrams manually The proposed system will make use of our GIS location data base to generate accident diagrams electronically 13 ,,/ Page 2, Item I J Meeting Date 11/22/94 The $56,750 grant will provide the city with $49,000 for software development and $8,000 for GIS hardware station. The program schedule is November 1994 to September 1995 FISCAL IMPACT: The City's contribution for implementation of the program, which includes coordination, supervision, administration and evaluation, will require approximately 500 hours of City staff time at a cost of $15,000 (salaries and benefits only). This staff time will be a part of normal staff services included in the Traffic Engineering operating budget. Funds for the purchase of the computerized system will be available in aC"count 219-2192- TF231 as a result of this action and are from a Federal grant. Implementation of this program will reduce the amount of staff time now devoted to the existing Accident Record System by approximately 50%. Presently we are expending approximately 550 staff hours annually, equivalent to an operating expenditure of $16,500, on the existing labor intensive, manually operated program. The annual savings of approximately 275 person hours or $8,250 per year will allow the Traffic Engineering Section to absorb work assignments associated with transportation forecasting for proposed land development and to perform critical traffic engineering assignments in a more timely manner. It should be noted that the staff savings is equivalent to a twenty two month payback. ZAO:rb File TF-231 Exhibit 1 - Resolution 17440 and Minutes of Council meeting (excerpt) Nt:l7" S ~A ~/'J I;() (M:\HOMEIENGINEER\AGENDA\TF231.ZAO) I;$..-l RESOLUTION NO. 1773:J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING PROJECT TF231 - ACCIDENT RECORD SYSTEM TO THE CIP BUDGET AND APPROPRIATING $56,750 FROM FUND 219 FOR A COMPUTERIZED ACCIDENT INFORMATION RETRIEVAL SYSTEM WHEREAS, the State Office of Traffic Safety has approved a grant of $56,750 to upgrade the city's accident record retrieval system; and WHEREAS, the proposed system will integrate with the city's newly implemented Geographic Information System (GIS) and will allow the city to retain an information systems consultant to provide the city with a state-of-the-art computer software accident record retrieval system that is compatible with our GIS; and WHEREAS, the grant will also allow the city to purchase a GIS hardware station. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby add Project TF231 - Accident Record System to the CIP Budget. BE IT FURTHER RESOLVED that the amount of $56,750 is hereby appropriated from Fund 219-0TS-Accident Record System into Account 219-2192-TF231. "1" ~ d! Booga ity Presented by John P. Lippitt, Director of Public Works C:\rs\TF231 CIP 1~'3 .- Exhibit 1 RESOLUTION NO. 17440 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO FILE APPLICATIONS WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR FEDERAL GRANT TO PURCHASE AND INSTALL (1) EMERGENCY VEHICLE TRAFFIC SIGNAL PRE- EMPTION CONTROL SYSTEM AND (2) A COMPUTERIZED ACCIDENT RECORD RETRIEVAL SYSTEM WHEREAS. the City of Chula Vista has received a invitation from the California Office of Traffic Safety (OTS) to participate in a statewide federal grant fund traffic safety improvement program; and. WHEREAS. staff has identified two traffic safety projects that qualify under this grant program: (1) Emergency Vehicle Traffic Signal Pre-emption Control System which will anable emergency units to move uninterrupted through signalized intersections by directing the traffic signal controller via an electronic device. called a phase selector. to advance to and/or hold a green light in the direction of the oncoming emergency vehicles. and I 121 A Computerized Accident Record Retrieval System which will provide staff with an automated accident retrieval process. NOW. THEREFORE. BE IT FURTHER RESOLVED the City Council ofthe City of Chula Vista does hereby authorize the City Engineer to file applications with the California Office of Traffic Safety for federal grant to purchase and install an Emergency Vehicle Traffic Signal Pre-emption Control System and a Computerized Accident Record Retrieval System. Presented by J -JL/~"' J nP.Up itt~ Director of Public Works Bruce M. Boogaarit City Attomey }:J..f Resolution No. 17440 Page 2 PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista. California. this 5th day of April, 1994. by the following vote: YES: Councilmambers: Fox. Horton, Moore. Rindona. Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None .." -/7 ,1... =_ ,u~'- Tim Nader, Meyor ATTEST: ~L0~ () C~-d! (J E Beverly /It. Authelet. City Clerk STATE OF CALIFORNIA I COUNTY OF SAN DIEGO I ss. CITY OF CHULA VISTA I I, Beverly A. Authelet, City Clerk of the City of Chuta Vista, California, do hereby certify that the foregoing Resolution No. 17440 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of April. 1994. Executed this 5th day of April. 1994. IJ"" THE FOREGOING INSTRUMENT IS A CORRECT COPY OF THE ORIGINAL ON FILE IN THISC:~ (")[1 ATTEST: d ,19~ ~U ~T'C7'ACLEi!lK ~. : ..(;11,.", I (,.,0 \k...,::t<L l / 0 MINUTES OF A REGULAR MEETING OF THE CITY COUNCll.. . OF THE CITY OF CIRJLA VISTA T~y,ApriIS, 1994 4:02 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Fox, Horton (arrived at 4: 16 p.m.), Moore, Rindone (arrived at 4: 12 p.m.), and Mayor Nader ALSO PRESENT: Sid Morris, Assistant City Manager; Bruce M. Boogaard, City Attorney; and Beverly A. Authelet, City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG. Sll..ENT PRAYER 3. APPROVAL OF MINUTES: March IS, 1994 (City Council Meeting), March 22, 1994 (City Council Meeting), March 22, 1994 (Joint Meeting of the Redevelopment Agency/City Council), and March 29, 1994 (Regular MeetinglWorksession). MSC (Fox /Moore) to approve the minutes nf March 15, 1994 (City Council Meeting), March 22, 1994 (City Council Meeting), March 22, 1994 (Joint Meeting of the Redevelopment Agency/City Council) as presented. Approved 3-0-2 with Horton and Rindone absent. The minutes of March 29, 1994 were trailed. 4. SPECIAL ORDERS OF THE DAY: 4a. Proclamation recognizing Easton Alwninwn for service rendered to the citizens, and particularly the young people, of Chula Vista for their support of archery programs. The proclamation was presented by Councilmember Fox to Lloyd Brown of Easton Aluminum. 4b. A plaque was presented by Councilmember Fox to Mr. Lopez in recognition of the opening of the Otay Golden Hands Center. 40. Rod Davis, the new Executive Director of the Chamber of Commerce, informed Council that the Business Coalition would have a graffiti paint-out day on May 14th from 9:00 a.m. to noon. He also presented copies of the new 1994 Chula Vista Visitors Guide and Directory. CONSENT CALENDAR (Item pulled: 9) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCll..MEMBER MOORE, reading of the text was waived, passed and approved unanimously with Rindone abstaining on Item U. 5. WRITTEN COMMUNICATIONS: Sa. Letter requesting Council adoption of a resolution supporting the 617/94 ballot measure to relocate Charles A. Lindbergh Field to Miramar . John F. Seymour, Citizens for Miramar, 501 West Broadway, Suite 2020, San Diego, CA 92101. It is recommended that Council receive this letter and request staff to notify Citizens for Miramar that lime would be made available on the 4/12/94 agenda for a presentation. IJ-7 Minutes April 5, 1994 Page 2 RESOLUTION 17450 ENDORSING AND SUPPORTING THE JUNE, 1994 MIRAMAR ADVISORY BALLOT MEASURE AND DESIGNATING MIRAMAR AS THE PREFERRED SITE FOR THE SAN DIEGO INTERNATIONAL AIRPORT '\. Counci1member Rindone stated Items 5a and 5c were similar types of requests. Staff recommendation on one item was to refer it to staff to be brought back to Council for action, the other item had a resolution attached for action. He did nol feel there was information included on which staff had based their recommendation for adoption of a resolution on Item 5a. He questioned whether a "yes" vote on the Consent Calendar would approve Resolution 17450. Sid Morris, Assistant City Manager, responded there had been a miscommunication between the City Manager's Office and the City Attorney's Office regarding the item. It was staffs intent to bring the resolution back to Council for action at the 4/12/94 meeting. City Attorney Boogaard informed Council that due to the agenda description Council could take action on the resolution if they chose to do so. 5b. Letter requesting approval of amendment to 1986 County Solid Waste Management Plan to ioclude the proposed Flynn Rainbow Nurseries and A.l Soils Com posting sites - Gloria McClellan, Chairwoman, Board of Directors, San Diego Association of Governments, 401 "B" St., Suite 800, First Interstate Plaz.a, San Diego, CA 92101. It is recommended that staff be directed to prepare a letter to the Chair outlining actions taken by the City. Councilmember Fox wanted to verify for the record that the letter related to the Greenway Landfill would not indicate that Council had taken action either in support or opposition to the Greenway Composting facility. Council had not taken formal action on that issue. Sid Morris, Assistant City Manager, responded that Councilmember Fox was correct. 5c. Letter requesting Council adoption of a resolution opposing the proposed reduction in Federal Transit Operating Assistance - Leon Williams, Chairman, Metropolitan Transit Development Board, 12S5Imperial Ave., Suite 1000, San Diego, CA 92101-7490. It is recommended that Council direct staff to bring a resolution back at the 4/12/94 meeting. 6. RESOLUTION 17438 AUTHORIZING THE CITY MANAGER TO PREPARE ALL NECESSARY DOCUMENTS FOR COUNCIL APPROVAL OF A GRANT AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION TO IMPLEMENT AN ALTERNATIVE FlJEL RETROFIT PROGRAM FOR $55,000 AND AN ALUMINUM AIR BATfERY RESEARCH AND DEVELOPMENT PROJECT FOR $50,000 - In November 1993, Council accepted funding that had been legislated to the City for the development of an aluminum air fuel cell for electric vehicles and to create an alternative fuel retrofit program. A total of $105,000 in funding was accepted; $55,000 for the alternative fuels retrofit program and $50,000 for the aluminum air battery development project. This action allows staff to proceed with a contract to receive Energy Commission funds. Staff recommends approval of the resolution. (Administration) 7. RESOLUTION 17439 AMENDING THE GRAFFITI POLICY ON YOUTH SPORT FACILITIES AND STRUCTURES ON CITY PARKLAND. 00 1/18/94, Council adopted a Graffiti Policy for youth sport facilities and structures on City Parkland and referred two options for staff and the Youth Sports Council to consider. Staff recOmmends approval of the resolution. (Director of Parks and Recreation) 8. RESOLUTION 17440 AUTHORIZINGTHECITYENGINEERTOFlLEAPPLICATIONSWITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR FEDERAL GRANT TO PURCHASE AND INSTALL (1) EMERGENCY VEmCLE TRAFFIC SIGNAL PRE-EMPTION CONTROL SYSTEM AND /3-8'" Minutes April 5, 1994 Page 3 (2) A COMPUTERIZED ACCIDENT RECORD RETRIEVAL SYSTEM - The City bas received an invitation from the OTS to participate in a State-wide Federal grant fund traffic safety improvement program. Staff bas identified two traffic safety projects that qualify under the grant program: (a) Emergency Vehicle Traffic Signal Pre-emption Control System and (b) Computerized Accident Record Retrieval System. Staff recommends approval of the resolution. (Director of Public Works and Fire Chief) 9. RESOLUTION 17441 APPROVlNG SUBMISSION OF THE FISCAL YEAR 1994/95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 CLAIM FOR HANDYTRANS OPERATION _ The Fiscal Year 1994/95 claim for Handy trans operation was submitted to the Metropolitan Transit Development Board and the San Diego Association of Governments on 4/1194 as required by State law. The claim includes $152,766 in TDA Article 4.5 funds and $22,194 in transit funds. Staff recommends approval of the resolution. (Director of Public Works) Pulled from the Consent Calendar. . Carolyn Butler, 97 Bisbop Street, Chula Vista, CA, stated sbe was in support of funding the Dial-A-Ride system. Sbe questioned bow many days advance notice was required for the Handy trans system, bow disabled one bad to be to use the system, and wbat the minimum income was for those utilizing the system. Sbe requested that Greg A1bado be elevated to the position of Transit Coordinator. Councilmember Rindone stated that a discussion of personnel was inappropriate. Mayor Nader informed Mrs. Butler that under the Charter only the City Manager could address the request made regarding personnel and she sbould contact him. MSUC (NaderlFox) to refer Mn. Butler comments to staff for a report back to Council. RESOLUTION 17441 OFFERED BY MAYOR NADER, reading of tbe text was waived, passed and approved unanimously. 10. RESOLUTION 17442 AUTHORIZING SUBMISSION OF FISCAL YEAR 1994/95 TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM - The Fiscal Year 1994/95 TDA Article 4.0 Claim for Chula Vista Transit operation and capital procurements is in the amount of $2,466,700. The claim was submitted on 4/1194 to San Diego Association of Governments and Metropolitan Transit Development Board as required by State law. Staff recommends approval of the resolution. (Director of Public Works) II. RESOLUTION 17443 APPROVlNG AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 1994/95, AND AUTHORIZING MAYOR TO EXECUTE SAME - The agreement autborizes the City to claim $99,551 of County Transportation Development Act Article 4.0 funds for Chula Vista Transit service provided in the unincorporated area in Fiscal Year 1994/95. Staff fOC!>mmends approval of the resolution. (Director of Public Works) . Carolyn Butler, 97 Bisbop Street, Chula Vista, CA, requested that Council read into the record the information she bad previously given to them. 12. RESOLUTION 17444 AUTHORIZING THE EXECUTION OF TWO EASEMENTS AS REQUESTED BY THE SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF INSTALLING UNDERGROUND FACILITIES AND APPURTENANCES ADJACENT TO EUCALYPTUS PARK AND WITHIN UTILITY UNDERGROUNDING DISTRICT NUMBER 122, ALONG FOURTH AVENUE _ On 6/30/92, Council approved establishing Utility Undergrounding District Number 122, along Fourth Avenue from 'E' Street to a point approximately 100 feet soutb of State Higbway 54. SDG&E bas requested two )3.1 COUNCIL AGENDA STATEMENT Item -.!!i Meeting Date 11/22/94 ITEM TITLE: /I Report on SANDAG Request for Support in Seeking Federal and State Funds for Beach Replenishment P Resolution J? l.;t;l>rting State and Federal Funding Assistance for a San SUBMITTED BY: :::::o:e:;o;:::e:~:h; ~ePleniShment Initiative . .c. REVIEWED BY: City ManageUt:1 ~ . (4/5ths Vote: Yes_No-X) On October 10, the City Manager recei~ a:tter from Ken Sulzer, Executive Director of SANDAG, seeking support from the City of Chula Vista for a cooperative regional initiative to restore the San Diego region's critically eroded beaches. This initiative was approved by the SANDAG Board of Directors on September 24, 1994. RECOMMENDATION: That the City Council approve the attached resolution supporting State and Federal funding assistance for a San Diego Regionwide Beach Replenishment Initiative. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: The attached report from SANDAG describes the proposed beach replenishment initiative. The focus of this initiative is to capitalize on a unique opportunity stemming from the Navy's planned Aircraft Carrier Homeporting Project, which is expected to dredge approximately 12 million cubic yards of uncontaminated beach quality sand from San Diego Harbor. The purpose of the state and federal funds would be to assist in transporting this sand to eroded beaches in several of the region's coastal cities. These beaches include Imperial Beach in the South Bay, as well as several other beaches in North County The replenishment of beaches within the region would have general benefit to Chula Vista residents who utilize these facilities, as well as supporting regional tourism efforts. Therefore, it is recommended that the City Council support this initiative. FISCAL IMPACT: This action would have no direct fiscal impact to the City; however, improvements to beaches within the region could have indirect fiscal benefits as a result of increased tourism. (F: \home\planning\sdgbeach.al1) piA .'/ OCT I 3 1994 ~ San Diego ASSOCIATION OF GOVERNMENTS October 10, 1994 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 Mr. John Goss City Manager City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912-1087 DearMr.~ At its Seprea 23, 1994 meeting, SANDAG acted to support a lIll\ior initiative to restore the San Diego region's critically eroded beaches. This letter requests your City's support of this initiative, particularly of efforts to seek state and federal funds to assist beach replenishment efforts. The focus of the beach replenishment initiative is to capitalize on a once-in-a-generation opportunity to replenish the region's critically eroded beaches at an unprecedented low cost. This opportunity stems from the Navy's planned Aircraft Carrier Homeporting Project which is expected to dredge in the range of 12 million cubic yards of uncontaminated beach quality sand from San Diego Harbor. The purpose of the state and federal funds will be to assist in transporting the sand to eroded beaches in all of the region's coastal cities. -~'--.'-:~ J1l16l~ f')[ j.Q1lr~ ~jI). t;"n.i.i-t;Olt~.a IIl!Wl!lp l".I""'lllt.nn .Allo tIlC'lo8ed for yoiii' information is the ~:AG Board report on this item and a map showing potential beach replenishment sites. The sites were developed by SANDAG's Shoreline Brosion Committee. ... Please call me or Steve Sachs of the SANDAG staff (595-5346) if you need additional information. Thanks for your assistance in furthering this important regionwide initiative to improve our economy and environment. '7fl- KENNETH B. SULZER Executive Director KBS/SS/ce Bnclosures cc: Hon. Tim Nader, Mayor MEMBER AGENCIES: Cities of Ca_. Chula Vista. CoIonado. Del 1.1 ,1,.., :~i. :!:!" I:~ Beach. La Mesa, Lemon Grove, National City, OoeansJde, Poway, San Diego, San It!aroos, Santee. Solana Beach. VIsta, and County of San Diego. ADVlSORYlLlAISON MEMBERS: CalWomia Deparbnent of Transportation, U.S. Deparbnent 01 Defense, S.D. unified Port DIstrid, andlijuanaJBaja California. SAMPLE RFSOLUTlON SUPPORTING STATE AND FEDERAL FUNDING ASSISTANCE FOR A SAN DIEGO REGIONWlDE BEACH REPLENISHMENT INITIATIVE WHEREAS, the U.S. Army COIpS of Engineers' Coast of California Study has identified the majority of the San Diego region's beaches as having eroded significantly in the past 15 years; and WHEREAS, currently narrow beaches will continue to erode in the future due to limitations on natural sand sources due to development of the region's coastal plains and foothills; and WHEREAS, the San Diego region's beaches are a priceless resource of state and national significance which provide important environmental, recreational and economic benefits to the region, the state and the nation; and WHEREAS, the San Diego Regional Shoreline Preservation Strategy, adopted by SANDAG in 1993, calls for a cooperative regionwide beach replenishment program to preserve and enhance the region's beaches; and WHEREAS, the U.S. Navy's Aircraft Carrier Homeporting Project is expected to dredge in the range of 12 million cubic yards of uncontaminated beach quality sand from San Diego Harbor, providing a once-in-a-generation opportunity to substantially replenish the region's eroding beaches; and WHEREAS, potential beach replenishment sites have been identified that would benefit the public beaches of the region's eight coastal cities, as well as beaches controlled and managed by the state Department of Parks and Recreation, the V.S. Navy and the San Diego Unified Port District; and WHEREAS, additional funds will be needed to transport the sand to beach replenishment sites. The average additional cost is estimated to be about $1 per cubic yard; an unprecedented low unit cost for beach replenishment; and WHEREAS, SANDAG and its Shoreline Erosion Committee have supported a major initiative to restore the San Diego region's critically eroded beaches, including seeking the additional funds needed to transport sand from the Navy's Carrier Homeporting Project to potential beach replenishment sites; NOW 1HEREFORE BE IT RESOLVED that the supports obta;n;ng state and federal funds to assist in a San Diego regionwide beach replenishment initative based on transporting sand from the U.S. Navy Carrier Homeporting Project to the region's critically eroded beaches. PASSED AND ADOPTED this _ day of ,1994. /0/,4 :J San DiEgo ~"flon of Govemmeots BOARD OF DIRECTORS September 23, 1994 AGENDA REPORT No.: 94-09.18 Action Requested: APPROVE SHORBUNE EROSION COMMITI'EE: REQUEST FOR AUTHORIZATION TO SEEK FEDERAL AND STATE FUNDS FOR BEACH REPLENISHMENT Introduction The Committee is requesting SANDAG authorization and support to seek federal and state funds for replenishing the region's critically eroding beaches. Beach replenishment is the primary shoreline management tactic recommended in the Shoreline Preservation Strategy adopted by SANDAG in July of 1993. The Committee is making this request in order to take advantage of a unique opportunity presented by the Navy's Aircraft Carrier Homeporting project in San Diego Harbor. The project will dredge over 10 million cubic yards of beach quality sand; the bulk of the dredging will begin in mid-1996. In discussions at the Committee, the Navy has agreed to barge the material to beach replenishment sites throughout the region and deposit it on eroded beaches. The sand from this project will be available at an unprecedented cost because the Navy will be covering all costs as part of the project budget, except the incremental barging costs in excess of 30 miles. Additional funds will be needed to cover these costs. It is my RECOMMENDATION that SANDAG support the cooperative, regionwide beach replenishment initiative described above, amend the legislative program to give priority to developing a source of funds at the federal and state levels to support the initiative, and authorize the Shoreline Erosion Committee to work on seeking the needed funds. Discussion The region's coastal jurisdictions and the Navy have identified eight beach replenishment sites that would benefit eroding beaches in all of the region's coastal jurisdictions. Several million dollars in incremental barging costs (in excess of 30 miles) will be needed to ensure that the sand 1'-/,1.'/ g:",1; Son Diego Region MAP AREA RIveraldeCountr Comp Pendleton E Batiqu1tos Lagoon D C B Figure 1 POTENTIAL BEACH REPLENISHMENT SITES FOR NAVY CARRIER HOMEPORTlNG DREDGING PROJECT 0- Replenishment Sites to be Evaluated 9 ...~s" , A Tljuana Estuary UNITED 6T~S MextcO ! ~Se.n Diego ASSOCIATION OF GOVERNMENTS }l/~/ T1Juan. B.C. RESOLUTION NO. /77Jr RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING STATE AND FEDERAL FUNDING ASSISTANCE FOR A SAN DIEGO REGIONWIDE BEACH REPLENISHMENT INITIATIVE WHEREAS, the U. S. Army corps of Engineers' Coast of California study has identified the majority of the San Diego region's beaches as having eroded significantly in the past 15 years; and WHEREAS, currently narrow beaches will continue to erode in the future due to limitations on natural sand sources due to development of the region's coastal plains and foothills; and WHEREAS, the San Diego region's beaches are a priceless resource of state and national significance which provide important environmental, recreational and economic benefits to the region, the state and the nation; and WHEREAS, the San Diego Regional Shoreline Preservation Strategy, adopted by SANDAG in 1993, calls for a cooperative regionwide beach replenishment program to preserve and enhance the region's beaches; and WHEREAS, the U. S. Navy's Aircraft Carr ier Homeporting Project is expected to dredge in the range of 12 million cubic yards of uncontaminated beach quality sand from San Diego Harbor, providing a once-in-a-generation opportunity to substantially replenish the region's eroding beaches; and WHEREAS, potential beach replenishment sites have been identified that would benefit the public beaches of the region's eight coastal cities, as well as beaches controlled and managed by the State Department of Parks and Recreation, the U.S. Navy and the San Diego Unified Port District; and WHEREAS, additional funds will be needed to transport the sand to beach replenishment sites. The average additional cost is estimated to be about $1 per cubic yard; an unprecedented low unit cost for beach replenishment; and WHEREAS, SANDAG and its Shoreline Erosion Committee have supported a major initiative to restore the San Diego region's critically eroded beaches, including seeking the additional funds needed to transport sand from the Navy's Carr ier Homeporting Project to potential beach replenishment sites. 1 pI fJ-j NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista supports obtaining state and federal funds to assist in a San Diego regionwide beach replenishment initiative based on transporting sand from the U.S. Navy carrier Homeporting project to the region's critically eroded beaches. Presented by Robert A. Leiter Director of Planning ruce M. Booga City Attorney M:\Ho.e\Attorney\Beach 2 ~~ COUNCIL AGENDA STATEMENT Item J 5 Meeting Date 11/22/94 Public Hearing to consider the vacation of the portion of Moss Street from its intersection with Naples Street westerly to Alpine Avenue, north of Naples Street Resolution 1111:>4 ordering the vacation of the portion of Moss Street described above and adopting the Negative Declaration and Addendum on IS 94-0 I SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manag~ (4/5 Vote: Yes_ No X ) Country Club Villa Estates, owne~ the triangular piece of property between Moss and Naples Streets westerly of the juncture of those streets has requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection (see Exhibit" A"). In accordance with the California Streets and Highways Code, the Council adopted Resolution No. 17681 at its meeting on October 4, 1994, setting the associated public hearing for November 1, 1994. ITEM TITLE: The Environmental Review Coordinator conducted an Initial Study, IS 94-01 of potential impacts associated with the street vacation of a portion of Moss Street. Based on the attached Initial Study and comments thereon, the Environmental Review Coordinator has concluded that the vacation of Moss Street would cause no significant environmental impacts as per Negative Declaration issued on IS 94-01. RECOMMENDATION: That Council hold the subject hearing, adopt the resolution approving Negative Declaration and Addendum on IS 94-01 and ordering the vacation of the subject portion of Moss Street with the following conditions: 1. The owner/developer pay the City $100,000 for the vacated right-of-way or, at the Council's option, install missing curb and gutter along the north side of Moss Street from Alpine Avenue to Third Avenue or place the $100,000 in the Neighborhood Revitalization Program (NRP) for this area. 2. An all-way stop be installed at the intersection of Naples Street and the portion of Alpine Avenue north of Naples Street. 3. Alpine Avenue north of Naples be widened to 52 feet curb-to-curb with dedication of the needed right-of-way. 4. The developer/owner of the triangular parcel shall install all needed street improvements along the parcel's Alpine Avenue and Naples Street frontages. 5. Retain an easement 20 feet wide for Sweetwater Authority. 6. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of Planning. 7. Completion of all discretionary approvals for the development of the parcel. /'5.../ /vJJ Page 2, Item I~ Meeting Date 11/22/94 8. If all or part of the small triangle to the south is held to be a public easement, this order of vacation shall have no further force or effect, and be deemed revoked ab initio. The street vacation would not become effective or recorded until all the above conditions are met or assured. BOARDS/COMMISSIONS RECOMMENDATION: I. The Resource Conservation Commission considered the Negative Declaration on November 22, 1993. The Commission voted 5-0 to accept the Negative Declaration for IS-94-01 (Moss Street Vacation). 2. At its meeting held September 9, 1993, the Safety Commission approved a staff report by a vote of 6-0 recommending that the street be vacated with three conditions: a. Widen Alpine Avenue between Moss and Naples Streets to 52 feet (curb- to-curb) b. Provide an all-way 'STOP" at the intersection c. Prohibit access to Alpine Avenue from applicant's property (See Exhibit "E") 3. At a public hearing held October 27, 1993, the Planning Commission found that the proposed vacation would be consistent with the existing General Plan; however, the Planning Commission recommended on a vote of 6-0-0-1 (Commissioner Fuller abstaining due to a conflict of interest) that the issue of the vacation be considered in conjunction with the proposed development of the property and not separate from it. Staff concurs with this requirement. DISCUSSION: Back2round In 1956, the City approved plans for the adjacent subdivision east of Alpine Avenue, Robinhood No.2, showing the curb and gutter on the east side of Alpine Avenue to be installed as part of a knuckle design, similar to what is now being proposed. However, the improvements were never constructed. Research of our records did not indicate the reason they were not built. In February 1988, the City Council considered a request from the San Diego Country Club for relief from requirements for installation of improvements on Moss Street (see Council Agenda Statement, Exhibit "B"). That requirement was generated by the request for a temporary club house gaining access from Naples Street. It was determined that the improvements along Naples would be constructed at such time as permanent development occurred along the Naples frontage or by an assessment district if the south side of Naples installed street improvements by an I~";;'" Page 3, Item 1~ Meeting Date 11/22/94 assessment district. The improvements along Moss Street were not made a condition at that time and it was intended to impose them at the time that the permanent club house was built on "L" Street. When the building permit for the permanent club house was processed it was determined by staff that a nexus could not be made that the construction of the new club house on "L" Street placed a burden on Moss Street and therefore a condition to build the curb and gutter on Moss Street was not made a condition of the building permit. Country Club representatives at that time did verbally agree that they saw a benefit to install curb and gutter along Moss Street and indicated that they would commit to participate in area improvements through Assessment District proceedings if the general area did so. That has not happened, and this proposal will provide an opportunity to get the improvements installed on Moss Street. Proposal The developer (owner of the triangle parcel, Country Club Villa Estates) has made an offer to the San Diego Country Club that if the City will vacate the portion of Moss Street between Naples Street and Alpine Avenue at no cost and if the S.D. Country Club would grant the northerly half of Moss Street to the developer at no cost, the developer will install curb, gutter and pavement along the north side of Moss Street between Third Avenue and Alpine Avenue. The installation of street improvements on the east side of Alpine Avenue between Moss Street and Naples Street and pavement, curb, gutter and sidewalk on the north side of Naples Street, between Alpine Avenue and the current intersection of Moss Street and Naples Street will be a condition of the vacation or requirement of the development of the triangular parcel. Parcel Information The existing parcel containing 8323 square feet (s.f.) is designated low-medium residential (3-6 dwelling units per acre) on the City's General Plan and is zoned R-l (single family). Upon vacation of Moss Street, another 12,259 s.f. would revert to the Country Club Villa Estates Parcel and 18,544 s.f. to the Country Club. If the Country Club portion were combined with the Country Club Villa Estates portion, the parcel would contain 39,126 s.f. Currently Alpine Avenue has a street right-of-way of 60 feet. In order to meet the General Plan designation, the right-of-way must be 72 feet in width. Consequently, street dedication for Alpine Avenue would be required. That dedication would be approximately 1,000 s.f., leaving a parcel containing approximately 38,000 s.f. (see Exhibit "A"). This could, theoretically, be subdivided into five single family lots if the configuration of the parcel would support it. AIiPllment Alternatives The alignment recommended by staff is shown on Exhibit "CO indicating that Moss Street be curved southerly at its intersection with the present alignment of Alpine Avenue. This option was recommended by the Safety Commission and supported by the Planning Commission with the conditions stated herein. This option will allow the use of the existing street improvements on Alpine Avenue lowering the cost to install the public improvements necessary to provide a 1~"3 - Page 4, Item /6 Meeting Date 11122/94 full street. It also provides the developer with the best configuration for developing the property in a logical manner. Another option studied was to relocate the northerly portion of Alpine Avenue to meet the existing portion of Alpine Avenue on the south side (Exhibit "D"). This would necessitate obtaining an easement from the applicant which would bisect the existing parcel. As was indicated at the Safety Commission and Planning Commission hearings, the public has apparently been using that alignment as a shortcut for a number of years. Aerial photos taken since 1960 indicate a tire-worn area created by vehicles crossing from the T -intersection, across the vacant land and meeting Moss Street on its south side. Desiring this realignment, public input has indicated they believed that the City had the right-of- way for that extension by prescriptive rights. A street easement could possibly be obtained through prescriptive rights or condemnation, but both actions would require court action and could be quite costly. The property owner, on the other hand, indicates that although vehicles have been cutting across the property, the area has been blocked at least one day a year since acquiring the land, thus precluding any taking of the easement by prescriptive rights. The owner would object in court if the City attempts to claim prescriptive rights. In addition, should the City condemn property in order to align Alpine Avenue with the portion south of Naples Street, the usability of the remaining portion of the land would result in a parcel that could not be developed to the extent that all the street improvements could be required of the developer. This would require the City to pay for the majority of the improvements as well as remove the existing Alpine Avenue improvements. In addition, the two houses adjacent to Alpine Avenue would have to change their address. Staff believes that lining up the two sections of Alpine Avenue is not critical because of the low traffic volume on the portion of Alpine Avenue south of Naples Street (260 average daily trips) It is also staffs belief that the recommended alignment (Exhibit "CO), doing away with the existing angled intersection is a significant improvement. The existing curb return at the southwest corner of Moss Street and Alpine Avenue has sufficient radius so as not to require reconstruction or additional dedication for the proposed Alpine Avenue alignment adjacent to the existing homes. Accident Record According to accident records from January 1, 1990, through the end of August, 1994, there have been four reported accidents at the intersection of Moss/Naples/First. One of these accidents involved a single vehicle traveling west hitting the chain link fence along the Country Club property line. This accident occurred in 1990. The other three accidents involved eastbound vehicles entering the intersection and failing to yield the right of way to eastbound vehicles (2) and a westbound vehicle on Naples Street. Another reported accident occurred to the east of the intersection in question. It involved an eastbound motorist on Naples Street turning south into the 1100 block of Alpine Avenue and being broad-sided by a motorcyclist attempting to pass the car on the right shoulder. I~...lf Page 5, Item J r Meeting Date 11/22/94 Only one other mishap occurred in the area within the last three years, which involved a single car hitting the same chain link fence just east of the 1000 block of Alpine Avenue. The low number of accidents at the intersection can probably be attributed to the fact that, due to the hazards presented by the acute angle of the intersection, drivers tend to be extremely cautious when making turning movements. As indicated, the majority of the accidents are a result of drivers failing to yield the right-of-way. Com{)ensation for Vacated Area Council has, in the past, required payment for streets which have been vacated although there is no official Council Policy relative to payment for vacated right-of-way. Each circumstaoce has been considered on its own merit. In some instaoces payment has been for the whole area vacated, in other cases, payment has been for the difference between the area vacated and the area dedicated. Some streets have been vacated at no cost (Power Center in Rancho Del Rey Business Center) because that issue was addressed in the Disposition and Development Agreement (DDA). The County assessor's office has verbally indicated that the vacated right- of-way parcel would be appraised at $50,000. Staff has obtained sales comparisons for other raw land in the area for the past three years. The price per square foot of unencumbered area has ranged from $4.00 to $9.00 per square foot. In this case, staff has used a lower price of $5.00 for estimating the value of the vacated area. This is based on telephone input from the assessor, the recent drop in raw land values, and difficult configuration of the parcel. There is a water line in the existing Moss Street which the Sweetwater Authority has requested a 20 foot easement be retained. Since the easement will prohibit the construction of any structure within it, staff estimates that the value of the easement area to be 50 % of full value or $2.50 per square foot. The water easement will contain approximately 11,500 square feet (s.f.). Therefore, staff estimates that the value of the vacated land to be 11,500 s.f. multiplied by $2.50 plus 18,300 s.f. multiplied by $5.00 or $120,250. The applicant has proposed to install off-site missing street lights, curb and gutter along the north side of Moss Street between Alpine Avenue and Third Avenue in return for the vacated right-of-way. The improvements are estimated by staff to cost $130,000.00. They do not propose to install sidewalk along this frontage because they feel that it might be hazardous to pedestrians due to errant golf balls landing in the area. Because there are no homes fronting on that side, staff believes that use of such a walk would be extremely low and does not believe it is needed. The estimated additional cost to install sidewalk is $60,000. The improvements to be installed are in lieu of paying the City or the Country Club for the vacated right of way. The developer is willing to do either of the following: 1) pay the City $100,000 for the vacated portion of right-of-way, or; 2) install curb and gutter along the north side of Moss Street from Alpine Avenue west to Third Avenue. The developer is only willing to give the City $100,000 because he believes that through his contracting abilities, he could build the improvements for less than $100,000. If the City accepts the $100,000 payment, then the Country Club would not be responsible to install the curb and gutter on Moss Street between Alpine Avenue and Third Avenue in the future unless they redevelop their golf course into a use that requires frontage improvements and )S-5 - Page 6, Item If:. Meeting Date 11/22/94 access onto Moss Street. If the City later wishes to have improvements on the north side of Moss Street, it would be our responsibility to fund them. Future Develooment Any future development of the parcel would require additional action by the City by holding public hearings and receiving input from residents. All actions would be subject to further City processing as follows: 1. Should the vacation be approved and the applicant wish to develop the property as now zoned, they would be required to file an initial study and a subdivision map (for five or more parcels) on the property showing the proposed parcels. Processing would be subject to a public hearing before the City Planning Commission and the City Council. 2. Should the applicant propose an increase in density for the property but still within the General Plan range of 3-6 dwelling units per acre, it would be necessary to fIle a rezoning request in addition to the environmental analysis and the subdivision map process and the zone change would require a public hearing before the Planning Commission and the City Council with notification to residents. 3. Should the applicant seek a density increase above the low-medium density range of the General Plan (3-6 dwelling units per acre), the next highest category (medium density) is 6-11 dwelling units per acre which would require an amendment to the General Plan as well as the rezoning application, initial study and subdivision processing necessitating public hearings before the Planning Commission and City Council. It should be noted that any zone change consideration for property from an R-l category to an R-3 category requires a unanimous vote of the City Council, per the Cummings initiative that was passed several years ago. This was the initiative that was passed several years ago that required us to set up a growth control process, and made it harder to upgrade zoning. 4. Should the applicant desire to develop the property into four parcels or less under the present zoning category, the applicant would fIle an initial study as well as a parcel map which is processed at staff level, therefore, the staff approval is final unless appeals are filed setting a public hearing before the Planning Commission. Any development of the parcel map process again requires environmental review as well. Safetv Commi..<rinn's Recommendation of Umitim. Access to Moine Avenue The Safety Commission recommended that, if the vacation is approved, access to Alpine Avenue be prohibited from the applicants property upon development. Upon review of this condition by the Planning and Public Works Departments, it is requested that the requirement for access to Alpine Avenue be subject to the approval of the City Engineer rather than a specific prohibition. The primary reason being that a complete prohibition of access on to Alpine Avenue may not be prudent based upon the potential for two lots being created towards the west end of the project, thus requiring a flag lot design to provide access only to Naples Street. Staff would prefer to hold this option open until a development plan is put forth for complete evaluation. I~-IP Page 7, Item / s- Meeting Date 11/22/94 Noise hnnacts A noise analysis was performed based upon the impacts of the project with the following conclusions: 1. "Baseline levels are sufficiently low on Alpine to accommodate an additional estimated 3,000 vehicles and still meet the 65 Db CNEL standard." 2. "Speed reduction will allow the diverted Moss Street traffic to be placed on a portion of Naples with no significant change in the acoustic environment. " 3. "There are no significant noise impacts associated with the project implementation (the street vacation) that require any mitigation. " 4. "Depending upon site layout, the new residences on the triangle parcel may require a noise wall if side yard or rear yard space abuts on the Naples Street right-of-way. Noise exposure will need to be evaluated during environmental clearance for the residential project. " Onnosition to Vacation At both the Safety and Planning Commission meetings, a number of residents registered their complaints relative to this proposed vacation and realignment. A number of letters of opposition have been received as well as a petition against the vacation containing 67 signatures. The main concerns were: 1. Increased traffic on Naples Street and Alpine Avenue Answer: Staff agrees that the proposed closing of Moss Street will divert traffic to the intersection of Alpine Avenue and Naples Street. An increase in stacking is unavoidable at the intersection during peak hours due to the realignment. The applicant will be required to widen Alpine Avenue and provide a right and left turn lane at that intersection. Staff believes that with the installation of the street improvements and an all way stop, the traffic would flow satisfactorily (see Exhibit "E"). Staff feels that the traffic flow on Moss and Naples Streets will remain essentially the same as they currently exists. Staff anticipates that there will be a minor increase on Naples Street of 5 percent or less. Staff believes that the westbound motorists intending to go to Moss Street west of Third Avenue or to the portion of Moss Street east of Third Avenue will still turn on Alpine Avenue rather than go the 1/4 mile out of the way through at least one more traffic signal to stay on Naples Street. 2. The request for a waiver of sidewalk along the north side of Moss Street between Alpine Avenue and Third Avenue which could, according to the individuals testifying, encourage schoolchildren to use Naples Street with its lack of sidewalk. /~-7 Page 8, Item / ~ Meeting Date 11/22/94 Answer: Staff believes that the lack of sidewalk on the north side of Moss Street has little bearing on the amount on foot traffic on Naples Street. Moss Street has sidewalk on the south side, and there is no reason for schoolchildren to walk on the north side. 3. Increased noise and air pollution Answer: In the Noise Impact section of this report, page 7, it was concluded that the project will not create any significant noise impacts and that mitigation is not required. The traffic flow on Moss and Naples Streets west of the north leg of Alpine Avenue will remain essentially the same as currently exists, however, there will be a minor increase on Naples Street of 5 percent or less. The existing ADT of 6050 will increase to an approximate ADT of 6350. This limited increase in traffic flow will not result in a significant impact to Air Quality on a regional level since this is only a redistribution of trips and not an increase. 4. Speed of traffic on Moss and Naples Streets Answer: Installation of the all-way stop should help to slow the traffic on Naples and Moss Streets in the vicinity of Alpine Avenue. 5. Concerns relating to left turns from both sides of Alpine Avenue onto Naples Street. Answer: Although the distance on Naples Street between the two legs of Alpine Avenue is relatively short, staff feels that motorists at the stop sign will have adequate time to judge whether the turn is safe. This combined with the very low traffic volume on the south leg of Alpine Avenue (260 ADT) and the offset of the intersections in the direction favorable to the flow of traffic, should prevent conflicting movements. 6. Residents were concerned that the parcel would be developed with higher density than they feel should be allowed. Answer: The vacation will not be effective until the applicant receives approval by the City of the proposed development of the property. Residents would be notified of the proposed development or any other changes which might be proposed. Any change in zoning to increase density would require hearings before the Planning Commission and City Council as previously discussed. Public Notice Due to the amount of opposition which has been generated against this project, staff has exceeded the public hearing notification area to include property owners within a radius of 1,000 feet (instead of the required 300 feet) around the affected portion of Moss Street, plus all signers of the above-mentioned petition, plus owners of properties on Second Avenue between Moss and Naples Streets, Karen Way (the cui de sac north of Naples Street), along Moss Street and Naples I~..f Page 9, Item Ie;- Meeting Date 11/22/94 Street between Alpine Avenue and Third Avenue, with the exception of the condominium owners at the west end of Moss Street near Third Avenue. The posted and mailed notices indicated that Council will consider IS 94-01 along with the street vacation. The notices were mailed on November 2,1994 in order to meet the legal requirements for the initial study. COUNCIL OUESTIONS FROM NOVEMBER 1. 1994 MEETING 1. PRESCRIPTIVE RIGHTS The City Attorney recommends, in a memorandum to Council included as an attachment to this report (Exhibit "a"), that we abstain from rendering a legal opinion on whether the public acquired a prescriptive easement because the City doesn't want the parcel, and we would be giving the public gratuitous legal advice without fully researching the history of public use, and at the legal risk of being wrong. It also discusses requirements to obtain a prescriptive easement such as having the use be open and notorious, adverse and hostile, continuous and uninterrupted. Notices of Consent filed by Mr. Ferreira in 1981 and 1990 allow permissive use of the property and thus take away the adverse and hostile use by the public since 1981, but not necessarily prior to that time. 2. IMPACTS OF CONSTRUCTING ALPINE AVENUE TO ALIGN WITH THE SOUTHERLY SEGMENT. Impacts associated with the alignment of Alpine Avenue with the southerly segment would be: a) The need for the City to install the street improvements at a cost of $110,000 including design, contingencies and inspection. This price also includes the cost of removing the existing portion of Moss Street that would be eliminated and the improvements on existing Alpine north of Naples Street. As an additional consideration, since the owner of the subject piece of property would be an unwilling party to this arrangement, improvements on the north side of Moss Street along the country club would not be achieved. b) The need to obtain an easement from the applicant of adequate size to install standard improvements. This would be required even if the City were able to obtain a prescriptive easement for the portion being used because that portion is not adequate to install a standard intersection. The additional cost of acquisition of right of way without consideration of prescriptive rights is estimated at $17,000, not including the probable costs of eminent domain. c) The need to vacate the existing northerly segment of Alpine Avenue in order to make the remaining portion of the triangular lot large enough to build upon. In addition, that portion of Alpine Avenue should also be vacated to prevent having two intersections within 100 feet of each other, creating a potentially hazardous condition. 1~-9 Page 10, Item I~ Meeting Date 11/22/94 d) If the existing section of Alpine Avenue north of Naples Street is removed, the two existing houses adjacent to Alpine Avenue would no longer have front yards. Installation of a fence at the property line would restrict the view from the front of the house. 3. AREA OF THE PARCEL OWNED BY APPLICANT At the November 1,1994 Council meeting, Ms. Jean Taylor indicated that she had contacted the County Map Division and a title company and they indicated that the triangular parcel was 6534 square feet rather than the 8323 square feet stated in the staff report. Ms. Taylor had obtained a property profIle from the title company which indicated the 6534 square feet (see Exhibit "K"). Staff has not pursued this with the title company but believes that the lot information came from the assessor's maps which do not indicate areas under 0.50 acres. Exhibit"L" is a copy of the assessors map and within the subject parcel there is delineation as follows: POR.15. In actuality. POR. 15 means a portion of Lot 15 of Map 505. If the .15 was assumed to be the acreage, the square footage would be exactly 6534 square feet. A search of City records did not indicate that the parcel was not mapped by either a parcel map or subdivision map. In addition, no record could be found that the parcel was mapped by a Record of Survey. Records of Survey would be indicated in the title report and non were listed, please see Exhibit "M". Staff has run a mathematical closure on the triangular parcel in question based upon the legal description contained in the title report (by the same title company that did the property profIle mentioned above) in order to establish the square footage of the parcel. (see Exhibit A). The closure was not based upon a surveyor an extensive search of monuments in the area and therefore is not exact and could change upon a thorough survey of the property. The calculations indicate that the parcel contains 8321 square feet. Our previous report indicated 8323 square feet. No change in our calculations have been made since the difference is minor and without an actual survey there is no way to know the exact number. Regardless of the size of Country Club Villa Estates parcel, the price analysis is based on the publicly owned parcel and not the privately owned parcel. 4. PAVEMENT MANAGEMENT ISSUES The City's Pavement Management System software suggested in 1988 that this segment of Moss Street should be reconstructed. However, the reconstruction of a street is the most costly of all maintenance alternatives. As such, once the pavement has deteriorated to the point it can no longer be effectively maintained with a less expensive and more cost effective overlay, the actual reconstruction can be deferred a number of years. The availability of funds for such work, more pressing demands for the use of these funds on more heavily travelled streets, the pending development of the property adjacent to this segment of the street, and the fact that the pavement had already deteriorated to a need for reconstruction all argued against the immediate work, and it was not included in our current overlay program. Likewise, the future reconstruction of Naples Street between Alpine and Third Avenue was indicated in the 1993 run of the Pavement Management System program. The surface of the Naples Street segment appears substantially better than that of Moss Street, and with the designation of "future" reconstruction no effort has been made thus far to schedule work on the street for an overlay program. I ~ ...It> Page 11, Item I ~ Meeting Date 11/22/94 As a further factor, the field data previously collected for the pavement management program has an effective life span of approximately five years before time, traffic and the elements causes it to become outdated. Consequently, our data, which has exceeded that lifespan, has become outdated and a project STL-211 was placed in the current CIP budget to contract with a consultant specializing in pavement testing for testing and collection of data on the current condition of City street pavements. This information will be used to update the program to provide the most cost effective maintenance program. It is expected that, because of the condition of the pavement and both Naples and Moss Streets, we will have a more in depth project level analysis done on these streets rather than the more general network analysis. S. EAST-WEST STREETS IN MONTGOMERY AREA A report on the major east-west streets in Montgomery is almost complete. That report will prioritize projects along Moss, Naples, Oxford and Palomar Streets. Widening of Palomar Street between 1-5 and Industrial Boulevard is proposed in the current 5 year program for FY 97-98. Main Street from Fourth Avenue to Hilltop is proposed for construction in Fy 98-99. Staff is currently working with the Community Development Department and citizens groups to prioritize street and drainage improvements in the Castle Park area. Projects in this program will be proposed to be funded with CDBG funds. Conclusion This is an opportunity for the City to clean up an area that may otherwise remain "under improved" . For example: 1. No curb and gutter along Moss Street between Third Avenue and Naples Street 2. No curb, gutter and sidewalk along Naples between Alpine Avenue (north side) and Moss Street 3. Less than desirable intersection angle for Naples Street and Moss Street. This area adjacent to the Country Club between Third Avenue and Naples Street could be improved at no cost to the City or the Country Club. Staff believes that most of the concerns of the Citizens could be mitigated by a stop sign at Naples Street and Alpine Avenue (northerly extension) and by having Council approval of development plans for the triangular parcel prior to recording the resolution of vacation. Recommendation After reviewing past studies and their recommendations regarding the vacation and realignment, staff maintains the position that the most practical means to realign the intersection is to vacate the portion of Moss Street similar to that proposed by the applicant. /S:-II I ( ) )J Page 12, Item Meeting Date 11/22/94 Following the direction of the Safety and Planning Commissions, staff recommends that Council adopt a resolution adopting Negative Declaration and Addendum on IS 94-01 and ordering the vacation of Moss Street as proposed by the applicant subject to the following conditions: 1. Owner/developer pay the City $100,000 for the vacated right-of-way or, at the Council's option, install missing curb and gutter along the north side of Moss Street from Alpine Avenue to Third Avenue or place the $100,000 in the Neighborhood Revitalization Program for this area. 2. An all-way stop will be established at the intersection of Naples Street and the portion of Alpine Avenue north of Naples Street. 3. The owner/developer shall dedicate sufficient street right-of-way to widen Alpine Avenue north of Naples to 52 feet curb-to-curb in order to facilitate traffic flow at the intersection. 4. The developer/owner will install all needed street improvements along the parcel's Alpine Avenue and Naples Street frontages when the physical closing of Moss Street takes place. 5. Retain an easement 20 feet wide for Sweetwater Authority along the northerly side of Moss Street. 6. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of Planning. 7. Require all discretionary approvals by the City to be approved prior to completion and recordation of the street vacation. 8. If all or part of the small triangle to the south is held to be a public easement, this order of vacation shall have no further force or effect, and be deemed revoked ab initio. FISCAL IMPACT: All costs to process the vacation are paid by the applicant. Income from compensation of $100,000 for the right-of-way if the cash offer is accepted by Council, none if the improvements are not considered as compensation. AUachments: Exhibit . A.: ~ Plat showing areas to be vacated and the vacant parcel Exhibit OB": Copy of report to Cooncil on rcquelt by SID Diego Countly Club for reHef from reqWremems to install improvements along the north side of Moss Street. Exhibit . C.;" Plat showing aligmnent of Moss Street (if subject portion is vacated) .. reccmmended by the Safety Commission Exhibit "D":. Plat showing an alternate alignment suggested (but not fP~P.f'dNl). Exhibit "E": Plat showing ~""""M improvements to be done at DeW intersection Exhibit "P"; Safety Commission Minutes fmnmeetiqj: of 9/9/93 NII'- _~""IUAJ 81) Exhibit .0"; P1anniQg CommissionMiDutea from meetins of 10m/93 I' , Exhibit: "H": ReIOUl'Ce ConselVation Commission Minutes from meeting 11/22/93" " Exhibit "I"; Residential. Notification Lm /tI.T ~CAlJlJi t> Exhibit "r: Closure of triaugulu parcel . , Exhibit "K": Property profile Fidelity National Title ,1 Exhibit "L": Asseasorplat .t Exhilift "M': P1>Hmlna1y TItle Report l'idoIio/ NotioMl TItle ,/ Exhibit "N": . Negative Declaration and A.ddendum. IS 94-01 Bxhibit .0": Memorandum from City Attorney Exhilift "P": Minuteo from Nov....ber 1, 1994 Counoil Meeting I'J IJ" ~ CO ,., I.J AJ II' '" PUe No. PV-057 WAU/JWH!JPL [M:\HOhlB~OINEER\AOENDA\RESO _V AC.JWH] \S" ,~ RESOLUTION NO. )i1D4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF A PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORTH OF NAPLES STREET WHEREAS, Country Club Villa Estates, owner of the triangular piece of property between Moss and Naples Streets westerly of the juncture of those streets has requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection; and WHEREAS, in accordance with the California Streets and Highways Code, the Council adopted Resolution No. 17681 at its meeting on October 4, 1994, setting the associated public hearing for November 1, 1994; and WHEREAS, the Resource Conservation commission considered the Negative Declaration at its meeting of November 22, 1993 and voted 5-0 to accept the Negative Declaration for IS 94-01 (Moss Street Vacation); and WHEREAS, an Initial Study and Negative Declaration and Addendum to the Negative Declaration thereon (IS-94-01) of possible significant environmental impacts of the vacation of Moss Street was issued by the Environmental Review Coordinator; and WHEREAS, at its meeting held September 9, 1993, the Safety Commission approved a staff report by a vote of 6-0 recommending that the street be vacated with three conditions: a. Widen Alpine Avenue between Moss and Naples Streets to 52 feet (curb-to-curb) b. Provide an all-way "STOP" at the intersection c. Prohibit access to Alpine Avenue from applicant's property WHEREAS, at a public hearing held October 27, 1993, the Planning commission found that the proposed vacation would be consistent with the existing General Plan; however, the Planning commission recommended on a vote of 6-0-0-1 (Commissioner Fuller abstaining due to a conflict of interest) that the issue of the vacation be considered in conjunction with the proposed development of the property and not separate from it and staff concurs with this requirement; and WHEREAS, at its meeting held on October 4, 1994, Council adopted Resolution 17681 stating the Council's intent to vacate a portion of Moss Street; and /~/3 WHEREAS, in accordance with S8320 of the Streets and Highways Code, the resolution also set November I, 1994 at 6:00 p.m. as the date and time for the public hearing for the Council to consider this matter; and WHEREAS, notices required by Streets and Highways Code S8323 have been posted; and WHEREAS, Tuesday, the 1st day of November, 1994 at 6:00 p.m. in the Council Chambers of the City of Chula vista was fixed as the time and place for hearing any objections to such vacation, and the Council having heard all interested persons. NOW, THEREFORE, the City Council of the city of Chula vista does hereby find, order, determine and resolve as follows: section 1. That the proposed Moss Street vacation will have no significant environmental impacts and adopts the Negative Declaration and Addendum to the Negative Declaration issued under 1S-94-01 and that the City Council finds that the Negative Declaration on 1S-94-01 and Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act, the State E1R Guidelines, and the Environmental Review Procedures of the city of Chula vista. section 2. That City Council does hereby order the vacation of the subject portion of Moss Street, more particularly described in Attachment 1, attached hereto and incorporated herein by reference as if set forth in full, with the following conditions: 1. The owner/developer pay the City $100,000 for the vacated right-of-way, or, at the Council's option, install missing curb and gutter along the north side of Moss Street from Alpine Avenue to Third Avenue or place the $100,000 in the Neighborhood Revitalization Program (NRP) for this area. 2. An all-way stop at the intersection of Naples Street and the portion of Alpine Avenue north of Naples Street. 3. Alpine Avenue north of Naples widened to 52 feet curb-to- curb with dedication of the needed right-of-way. 4. The developer/owner of the triangular parcel install all needed street improvements along the parcel's Alpine Avenue and Naples Street frontages. 5. Retain an easement 20 feet wide for Sweetwater Authority. 6. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of Planning. \S..,~ 7. Completion of all discretionary approvals for the development of the parcel. 8. If all or part of the small triangle to the south is held to be a public easement, this order of vacation shall have no further force or effect, and be deemed revoked ab initio. section 3. That the City Council does hereby find that the Negative Declaration IS 94-01 reflects the independent judgment of the City of Chula vista City Council. section 4. That the city Clerk is hereby directed to record a certified copy of this resolution with the office of the San Diego County Recorder. Presented by Approved as to form by John P. Lippitt, Director of Public Works Bruce M. Boogaard, City Attorney C:\rs\vacation . \S ..15 .. eo' ~I a! ~ = ~i ~ (") 0 = ~ ~ ~ - 0 > ~ 2 .. < S. ALPINE AVENUE 0 - "!!l "J: F ~ ~ .. 0 > CI:l Z CI:l ~ ~ CI:l ~ ~ ~ > " z ~ z I ~ - ~ z IXI ~ I I') 1iJ ~ ~~~ !II III ~ ~ ,. ~ .. c ~> > -I " ~ 3: ~ .. z ~ ..-- III. . :. - . ..-- o . . .!~ - '- FIRST AVENUE - .. ;i"l~ III 1::Ji~ .. ~ 't. ALPINE AVENUE I .0' . ~ /15-/IP I (tI""".' ::: . :.v~~ ::: ~~ '. ... n it II ! I ~ . ADDENDUM TO IS-94-01 VACATION OF A PORTION OF MOSS STREET PROJECT NAME: Vacation of a portion of Moss Street PROJECT LOCATION: Moss Street between Naples Street and Alpine Avenue PROJECT APPLICANT: San Diego Country Club and Country Club Villa Estates PROJECT AGENT: Greg Cox of Cox and Associates CASE NO.: IS-94-0 I I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERe) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: . 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; 2. Additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. This addendum has been prepared in order to amend the project description to include additional requirements that will improve traffic circulation . These minor changes are improvements to the proJect and will further reduce the potential of any significant environmental impacts. As a result of this analysis, the basic conclusions within the negative declaration have not changed. All impacts are found to be less than significant. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to the negative declaration for the vacation of a portion of Moss Street. II. PROJECT DESCRIPTION . The proposed project originally consisted of the vacation or closing of a 30,800 sq. ft. section of Moss Street east of Alpine Avenue and west of First Avenue. The northern portion of Moss Street will become part of the holdings of the San Diego Country Club and the southern half would be added to the triangularly shaped parcel to the south. Discretionary actions that are required for this include the /5-/7 \ f /? :7 fmding of General Plan Consistency and the action for approval of the closing of Moss Street. The applicant's eventual plan is that the San Diego Country Club will quit-claim or transfer title of their ~ portion of Moss Street to the County Club Villa Estate's partnership in consideration of the Country Club Villa Estate's partnership installing the missing curbs and gutters on the San Diego Country Club side of the Street. Access to the property will be allowed along Naples; however, access on Moss Street will be limited to one driveway at a location determined to provide safe ingress and egress by the City Traffic Engineer. The applicant eventually plans to apply for a tentative parcel map for 4 units or subdivide the property into 5 units. Under the original project description, the applicant was required to widen Alpine Avenue from the current 20 feet to 52 feet. The developer will install curb and gutter, and pavement along the north side of Moss Street between Third Avenue and Alpine Avenue. The installation of street improvements on the east side of Alpine Avenue between Moss Street and Naples Street and pavement, curb, and gutter on the north side of Naples Street, between Alpine Avenue and the current intersection of Moss Street and Naples Street will be a requirement of the development of the triangular parcel. The amended project description includes a stop sign installed on Naples at Moss Street, to create a three-way stop controlled intersection and attendant warning devices as deemed necessary by the City Traffic Engineer. These traffic measures enhance traffic safety and provide more efficient flow of traffic within this area adjacent to the project. These street improvements were included to address the traffic concerns of residents. III, PROJECT SETTING The project setting consists of a 30,800 square foot section of Moss Street immediately east of the westerly stub street of Alpine Avenue and immediately north of the intersection of First A venue and Naples Street. Immediately south of the above described section of Moss Street is a vacant 8,322.98 ""'" square foot triangular piece of vacant land. Single family homes are located to the west across Alpine Avenue and to the south across Naples Street. The San Diego Country Club, a golf course with club house facilities, is located to the immediate north of Moss Street. To the east of the proposed project is neighborhood shopping. III. IDENTIFICATION OF ENVIRONMENTAL EFFECTS Traffic The negative declaration analyzed potential environmental effects of the project and found that all impacts could be mitigated to a level below significance. Some of the concerns raised by residents subsequent to the negative declaration being posted with the County of San Diego on September 27, 1993, included concerns of: (I) Increased traffic and high speed, (2) Stacking of traffic on Alpine going onto Naples, (3) Air Quality, (4) Safety of children going to school and (5) that the closing of Moss Street at Alpine would create a knuckle of 90 degrees which would be dangerous. Engineering staff responded as follows: (1) Increased traffic and hil!h sneed - The proposed project intersection is currently at Level of Service (LOS) "A" and will remain at "A" after the project is completed. Traffic flow will improve in the area. Conflicts with other vehicles will be reduced from the widening, which will allow separate turning lanes. Traffic will also slow down with the installation of a stop sign on Naples at Moss Street, creating an all-way stop. """ /5-/8 . . e ~I~IS ~~-f COUNCIL AGENDA STATEMENT Item II Meeting Date 11/1/94 ITEM TITLE: Public Hearing to consider the vacation of the portion of Moss Street from its intersection with Naples Street westerly to Alpine Avenue, north of Naples Street Resolution I""""o~ Street described above ordering the vacation of the portion of Moss rr;r/ SUBMITTED BY: Director of p/,orks REVJEWED BY: City Manage/! .. (4/5 Vote: Yes_ No.X"> Country Club Villa Estates, owner IJ the triangular piece of property between Moss and Naples Streets westerly of the juncture of those streets has requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection (see Exhibit" An). In accordance with the California Streets and Highways Code, the Council adopted Resolution No. 17681 at its meeting on October 4, 1994, setting the associated public hearing for November I, 1994. RECOMMENDATION: That Council hold the subject hearing, adopt the subject resolution ordering the vacation of the subject portion of Moss Street with the following conditions: 1. The owner/developer pay the City $100,000 for the vacated right-of-way (or, at the Council's option, install missing curb and gutter along the north side of Moss Street from Alpine Avenue to Third Avenue). 2. An all-way stop be installed at the intersection of Naples Street and the portion of Alpine Avenue north of Naples Street. 3. Alpine Avenue north of Naples be widened to 52 feet curb-to-curb with dedication of the needed right-of-way. 4. The developer/owner of the triangular parcel shall install all needed street improvements along the parcel's Alpine Avenue and Naples Street frontages. 5. Retain an easement 20 feet wide for Sweetwater Authority. 6. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of Planning. 7. Completion of all discretionary approvals for the development of the parcel. The street vacation would not become effective or recorded until all the above conditions are met or assured. ~3'-)? Page 2, Item 1\ Meeting Date 1111/94 BOARDS/COMMISSIONS RECOMMENDA nON: """"" I. The Resource Conservation Commission considered the Negative Declaration on November 22, 1993. The Commission voted 5-0 to accept the Negative Declaration for IS 94-01 (Moss Street Vacation). 2. At its meeting held September 9, 1993, the Safety Commission approved a staff report by a vote of 6-0 recommending that the street be vacated with three conditions: a. Widen Alpine Avenue between Moss and Naples Streets to 52 feet (curb- to-curb) b. Provide an all-way "STOP" at the intersection c. Prohibit access to Alpine Avenue from applicant's property (As shown in Exhibit "E") 3. At a public hearing held October 27, 1993, the Planning Commission found that the proposed vacation would be consistent with the existing General Plan; however, the Planning Commission recommended on a vote of 6-0-0-1 (Commissioner Fuller abstaining due to a conflict of interest) that the issue of the vacation be considered in conjunction with the proposed development of the property and not separate from it. Staff concurs with this requirement. ""'" , DISCUSSION: Back2round In 1956, the City approved plans for the adjacent subdivision east of Alpine Avenue, Robinhood No.2, showing the curb and gutter on the east side of Alpine Avenue to be installed as part of a knuckle design, similar to what is now being proposed. However, the improvements were never constructed. Research of our records did not indicate the reason they were not built. In February 1988, the City Council considered a request from the San Diego Country Club for relief from requirements for installation of improvements on Moss Street (see Council Agenda Statement, Exhibit "B"). That requirement was generated by the request for a temporary club house gaining access from Naples Street. It was determined that the improvements along Naples would be constructed at such time as permanent development occurred along the Naples frontage or by an assessment district if the south side of Naples installed street improvements by an assessment district. The improvements along Moss Street were not made a condition at that time and it was inte'nded to impose them at the time that the permanent club house was built on "L" Street. When the building permit for the permanent club house was processed it was determined by staff that a nexus could not be made that the construction of the new club house on "L" Street ~ placed a burden on Moss Street and therefore a condition to build the curb and gutter on Moss Street was not made a condition of the building permit. ~ J5,/g . . . Page 3, Item---1L- Meeting Date 11/1/94 Country Club representatives at that time did verbally agree that they saw a benefit to install curb and gutter along Moss Street and indicated that they would commit to participate in area improvements through Assessment ~istrict proceedings if the general area did so. That has not happened, and this proposal will provide an opportunity to get the improvements installed on Moss Street. Pro9osal The developer (owner of the triangle parcel, Country Club Villa Estates) has made an offer to the San Diego Country Club that if the City will vacate the portion of Moss Street between Naples Street and Alpine Avenue at no cost and if the S.D. Country Club would grant the northerly half of Moss Street to the developer at no cost, the developer will install curb, gutter and pavement along the north side of Moss Street between Third Avenue and Alpine Avenue. The installation of street improvements on the east side of Alpine Avenue between Moss Street and Naples Street and pavement, curb, gutter and sidewalk on the north side of Naples Street, between Alpine Avenue and the current intersection of Moss Street and Naples Street will be a condition of the vacation or requirement of the development of the triangular parcel. Parcel Information The existing parcel containing 8323 square feet (s.f.) is designated low-medium residential (3-6 dwelling units per acre) on the City's General Plan and is zoned R-1 (single family). Upon vacation of Moss Street, another 12,259 s.f. would revert to the Country Club Villa Estates Parcel and 18,544 s.f. to the Country Club. If the Country Club portion were combined with the Country Club Villa Estates portion, the parcel would contain 39,126 s.f. Currently Alpine Avenue has a street right-of-way of 60 feet. In order to meet the General Plan designation, the right-of-way must be 72 feet in width. Consequently, street dedication for Alpine Avenue would be required. That dedication would be approximately 1,000 s.f., leaving a parcel containing approximately 38,000 s.f. (see Exhibit" A"). This could, theoretically, be subdivided into five single family lots if the configuration of the parcel would support it. Alilmment Alternatives The alignment recommended by staff is shown on Exhibit "C" indicating that Moss Street be curved southerly at its intersection with the present alignment of Alpine Avenue. This option was recommended by the Safety Commission and supported by the Planning Commission with the conditions stated herein. This option will allow the use of the existing street improvements on Alpine Avenue lowering the cost to install the public improvements necessary to provide a full street. It also provides the developer with the best configuration for developing the property in a logical manner. Another option studied was to relocate the northerly portion of Alpine Avenue to meet the existing portion of Alpine Avenue on the south side (Exhibit "0"). This would necessitate obtaining an easement from the applicant which would bisect the existing parcel. As was indicated at the Safety Commission and Planning Commission hearings, the public has apparently .~/YII .- (2) Stacking of traffic on Alpine going on to Naples - The requirement that the applicant install an all-way stop at the North end of Alpine will reduce the queuing effect caused by motorists waiting for an adequate gap in traffic. The street section of Naples that the applicant will be required to construct would adequately handle the expected traffic in the area. (3) Air Oualitv - Concern was raised about the air quality at Moss where it intersects with Naples as a result of traffic that is sometimes backed up, going east six to eight cars deep. Staff consulted with an Air Quality expert who stated that the project is in conformance with the existing Air Basin Plan. (4) Safety of Children - Residents stated that it would be dangerous for elementary school children to walk to school along Naples without a sidewalk. The addition of a stop sign installed on Naples at Moss to create a three-way stop controlled intersection and attendent warning devices will improve the safety of the area. If the applicant does proceed at a later date with plans for a subdivison, then the applicant would be required to fund the construction of sidewalks within the subdivision and may be required to fund some of the offsite infrasture as well. (5) Closing of Moss Street creating a "Dogleg"- Concerns were raised that the closing off of Moss Street at Alpine would create a "dogleg" of 90 degrees which would be quite dangerous with the rate of speed the cars traveling on Moss Street. The traffic engineering staff will review the proposed plans when submitted and will apply applicable City and State roadway standards. ~ V. CONCLUSION Traffic impacts are found to be less than significant and within the acceptable range of LOS C or better in accordance with the City of Chula Vista's General Plan. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Negative Declaration adequate under CEQA. REFERENCES General Plan, City of Chula Vista Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures EIR -89-11 Memorandum from Hans Giroux to Barbara Reid, 10/22/93 and telephone conservation re: Air Quality - ,./ /5-/9 )5'1J Page 4, Item 'I Meeting Date 11/1/94 been using that alignment as a shortcut for a number of years. Aerial photos taken since 1960 indicate a tire-worn area created by vehicles crossing from the l' -intersection, across the vacant land and meeting Moss Street on its south side. """" Desiring this realignment, public input has indicated they believed that the City had the right-of- way for that extension by prescriptive rights. A street easement could possibly be obtained through prescriptive rights or condemnation, but both actions would require court action and could be quite costly. The property owner, on the other hand, indicates that although vehicles have been cutting across the property, the area has been blocked at least one day a year since acquiring the land, thus precluding any taking of the easement by prescriptive rights. The owner would object in court if the City attempts to claim prescriptive rights. In addition, should the City condemn property in order to align Alpine Avenue with the portion south of Naples Street, the usability of the remaining portion of the land would result in a parcel that could not be developed to the extent that all the street improvements could be required of the developer. This would require the City to pay for the majority of the improvements as well as remove the existing Alpine Avenue improvements. In addition, the two houses adjacent to Alpine Avenue would have to change their address. Staff believes that lining up the two sections of Alpine Avenue is not critical because of the low traffic volume on the portion of Alpine Avenue south of Naples Street (260 average daily trips) It is also staff's belief that the recommended alignment (Exhibit "C"), doing away with the '"""' existing angled intersection is a significant improvement. The existing curb return at the southwest corner of Moss Street and Alpine Avenue has sufficient radius so as not to require reconstruction or additional dedication for the proposed Alpine Avenue alignment adjacent to the existing homes. Accident Record According to accident records from January I, 1990, through the end of August, 1994, there have been four reported accidents at the intersection of Moss/Naples/First. One of these accidents involved a single vehicle traveling west hitting the chain link fence along the Country Club property line. This accident occurred ,in 1990. The other three accidents involved eastbound vehicles entering the intersection and failing to yield the right of way to eastbound vehicles (2) and a westbound vehicle on Naples Street. Another reported accident occurred to the east of the intersection in question. It involved an eastbound motorist on Naples Street turning south into the 1100 block of Alpine Avenue and being broad-sided by a motorcyclist attempting to pass the car on the right shoulder. Only one other mishap occurred in the area within the last three years, which involved a single car hitting the same chain link fence just east of the 1000 block of Alpine Avenue. '"""' The low number of accidents at the intersection can probably be attributed to the fact that, due to the hazards preseI:~d by the acute angle of the intersection, drivers tend to be extremely ~/~.20 LEGEND: G.t~co-rz r:;~;,~-:,.',:'l .... STREET VACATION. PAPCE L t-J CZ: 1. - 0.28 k VIII! II ,.... 5iP-EET vACAilON PARCEL N2.. Z -0.44Ac.. 5.1 f; ~ .~ / \.. ~O~ c:....GI.u& ~ J::t ""oS!> ~1 SITE ~ N~f'\..~S S1 SCALE: ,".100' \ - .. ~ ~ '" VICINITY MAP w.t> t.Jl!.' ~& CNiS) 15 .. . '. MAP ~~ Ii 52. . N4.~15~.E P~EPA~EO BY: A\...GE~ ENG\I'teE~ING. INC. 42.8 e,ROADWA'( Cl-luLA VISiA, CA. "'ZOIO ("'19) 4%0-,00.0 /5~ UJ SAMES 1-1. A\..GERT, RCE' 190'?> ,. CIT'l' OF C\-IU\..A VISi'A .........,..."".,. "^,, A-r'l'It..r, U(')a,e, C,T~FET - !;ETWEEN ALPINE. AVE" &- 1 ~ AVE ~ LEGAL DESCRIPTION FOR THE VACATION OF MOSS STREET BETWEEN ALPINE AVENUE AND NAPLES STREET PARCEL 1 AND 2 PARCEL 1: A PORTION OF LOT 15 IN QUARTER SECTION 120 OF CHULA VISTA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOW~: COMMENCING AT THE NORTHEASTERLY CORNER OF ROBINHOOD SUBDIVISION NO. 2, ACCORDING TO ~~P NO. 3488, ON FILE IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, BEING ~~SO A POINT ON THE CENTER LINE OF MOSS STREET, SAID POINT BEING ON THE ARC OF A 2,740 FOOT RADIUS CIRCLE, THE CENTER OF WHICH BEARS NORTH 4047'51" EAST, A DISTANCE OF 2,740 FEET FROM SAID CORNER; THENCE SOUTHEASTERLY ALONG SAID ARC, A DISTANCE OF 32.59 FEET TO THE TRUE POINT OF ........ BEGINNING; THENCE CONTINUING ~~ONG THE ARC OF SAID CIRCLE, A DISTANCE OF 383.63 FEET TOA POINT OF INTERSECTION WITH THE NORTHERLY LINE OF NAPLES STREET, FORMERLY KNOWN AS SIXTH STREET, AS SHO~~ ON SAID MAP NO. 505, SAID POINT HAVING A RADIAL LINE WHICH BEARS NORTH 30 54' 21" WEST; THENCE SOUTH 71023' WEST ALONG SAID NORTH LINE OF N~~LES STREET, A DISTANCE OF 143.80 FEET TO A POINT ON THE ARC OF A 2,780 FOOT RADIUS CIRCLE, THE CENTER OF WHICH BEARS NORTH 1002'17" WEST, A DISTANCE OF 2,780 FEET FROM SAID POINT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCLE, THROUGH A CENTRAL ANGLE OF 4048'39", A DISTANCE OF 233.42 FEET; THENCE NORTH 18031' WEST, 43.2~ FEET TO THE TRUE POINT OF BEGINNING. "'"" PAGE /5 ... J..I I . . . Page 5, Item 'I Meeting Date 11/1/94 cautious when making turning movements. None of the accidents mentioned appear to be attributable to the existing geometries. As indicated, the majority of the accidents are a result of drivers failing to yield the right-of-way. Comnensation for Vacated Area Council has, in the past, required payment for streets which have been vacated although there is no official Council Policy relative to payment for vacated right-of-way. Each circumstance has been considered on its own merit. In some instances payment has been for the whole area vacated, in other cases, payment has been for the difference between the area vacated and the area dedicated. Some streets have been vacated at no cost (Power Center in Rancho Del Rey Business Center) because that issue was addressed in the Disposition and Development Agreement (DDA). The County assessor's office has verbally indicated that the vacated right- of-way parcel would be appraised at $50,000. Staff has obtained sales comparisons for other raw land in the area for the past three years. The price per square foot of unencumbered area has ranged from $4.00 to $9.00 per square foot. In this case, staff has used a lower price of $5.00 for estimating the value of the vacated area. This is based on telephone input from the assessor, the recent drop in raw land values, and difficult configuration of the parcel. There is a water line in the existing Moss Street which the Sweetwater Authority has requested a 20 foot easement be retained. Since the easement will prohibit the construction of any structure within it, staff estimates that the value of the easement area to be 50 % of full value or $2.50 per square foot. The water easement will contain approximately 11,500 square feet (s.f.) Therefore, staff estimates that the value of the vacated land to be 11,500 s. f. multiplied by $2.50 plus 18,300 s.f. multiplied by $5.00 or $120,250. The applicant has proposed to install off-site missing street lights, curb and gutter along the north side of Moss Street between Alpine Avenue and Third Avenue in return for the vacated right-of-way. The improvements are estimated by staff to cost $130,000.00. They do not propose to install sidewalk along this frontage because they feel that it might be hazardous to pedestrians due to errant golf balls landing in the area. Because there are no homes fronting on that side, staff believes that use of such a walk would be extremely low and does not believe it is needed. The estimated additional cost to install sidewalk is $60,000. The improvements to be installed are in lieu of paying the City or the Country Club for the vacated right of way. The developer is willing to do either of the following: 1) pay the City $100,000 for the vacated portion of right-of-way, or; 2) install curb and gutter along the north side of Moss Street from Alpine Avenue west to Third Avenue. The developer is only willing to give the City $100,000 because he believes that through his contracting abilities, he could build the improvements for less than $100,000. If the City accepts the $100,000 payment, then the Country Club would not be responsible to install the curb and gutter on Moss Street between Alpine Avenue and Third Avenue in the future unless they redevelop their golf course into a use that requires frontage improvements and access onto Moss Street. If the City later wishes to have improvements on the north side of Moss Street, it would be our responsibility to fund them. ~ /Yd/ Page 6, Item \ \ Meeting Date 11/1/94 Future DeveloDment """" Any future development of the parcel would require additional action by the City by holding public hearings and receiving input from residents. All actions would be subject to further City processing as follows: 1. Should the vacation be approved and the applicant wish to develop the property as now zoned, they would be required to file an initial study and a subdivision map (for five or more parcels) on the property showing the proposed parcels. Processing would be subject to a public hearing before the City Planning Commission and the City Council. 2. Should the applicant propose an increase in density for the property but still within the General Plan range of 3-6 dwelling units per acre, it would be necessary to file a rezoning request in addition to the environmental analysis and the subdivision map process and the zone change would require a public hearing before the Planning Commission and the City Council with notification to residents. 3. Should the applicant seek a density increase above the low-medium density range of the General Plan (3-6 dwelling units per acre), the next highest category (medium density) is 6-11 dwelling units per acre which would require an amendment to the General Plan as well as the rezoning application, initial study and subdivision processing necessitating public hearings before the Planning Commission and City Council. It should be noted that any zone change consideration for property from an R-I category to an R-3 category requires a unanimous vote of the City Council, per the Cummings initiative that was passed several years ago. This was the initiative that was passed several years ago that required us to set up a growth control process, and made it harder to upgrade zoning. """" 4. Should the applicant desire to develop the property into four parcels or less under the present zoning category, the applicant would file an initial study as well as a parcel map which is processed at staff level, therefore, the staff approval is final unless appeals are filed setting a public hearing before the Planning Commission. Any development of the parcel map process again requires environmental review as well. Safetv Commission's Recommendation of Limitinl! Access to Alnine Avenue The Safety Commission recommended that, if the vacation is approved, access to Alpine Avenue be prohibited from the applicants property upon development. Upon review of this condition by the Planning and Public Works Departments, it is requested that the requirement for access to Alpine A venue be subject to the approval of the City Engineer rather than a specific prohibition. The primary reason being that a complete prohibition of access on to Alpine Avenue may not be prudent based upon the potential for two lots being created towards the west end of the project, thus requiring a flag lot design to provide access only to Naples Street. Staff would prefer to hold this option open until a development plan is put forth for complete """" evaluation. ~ J~~A r'Il r'Il eo' "b "b ~ :bo \) r- IT) (J) en O. It. ~- ALPINE AVE. It. (J) -I :tJ IT) IT) -I a, FIRST AVE. c. ... , -, -'00' D D 0 II ~ l./) ~ ~ 'v Cb .0, ." /5,j# ao' :::D l"T1 c::: l"T1 :::D ~ C> z: -4 C> "'" c C":) C":) :::D l"T1 c::: l"T1 :::D ~ C> z: -4 C> >- C eo- 52 :!: z: G") -,:, >- :::D C":) l"T1 r- l"T1 >< c;; = z: G") -,:, >- :::D C":) l"T1 r- d b\ """" PARCEL 2: A PORTION OF LOT 15 IN QUARTER SECTION 120 OF CHULA VISTA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, Y~RCH 13, 1888. TOGETHER WITH A PORTION OF THE WESTERLY HALF OF FIFTH AVENUE, AS VACATED, ADJOINING SAID LOT 15 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: """" COMMENCING AT THE NORTHEASTERLY CORNER OF ROBINHOOD SUBDIVISION NO. 2, ACCORDING TO MAP NO. 3488, ON FILE IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, BEING ALSO A POINT ON THE CENTER LINE OF MOSS STREET, SAID POINT BEING ON THE ARC OF A 2,740 FOOT RADIUS CIRCLE, THE CENTER OF WHICH BEARS NORTH 4047'51" EAST, A DISTANCE OF 2,740 FEET FROM SAID CORNER; THENCE SOUTHEASTERLY ALONG SAID ALONG SAID ARC, A DISTANCE OF 32.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CIRCLE, A DISTANCE OF 383.63 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF NAPLES STREET, FORMERLY KNOWN AS SIXTH STREET, AS SHO~~ ON SAID MAP NO. 505, SAID POINT HAVING A RADIAL LINE WHICH BEARS NORTH 3054'21" WEST; THENCE NORTH 71"23' EAST J>.LONG SAID NORTH LINE OF NAPLES STREET, 179.5 FEET TO A POINT IN THE ARC OF A 2,700 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, CONCENTRIC WITH SAID 2,740 FOOT RADIUS CURVE; THENCE NORTHWESTERLY ALONG SAID :2,700 FOOT RADIUS CURVE TO A RADIAL LINE OF SAID 2,740 FOOT RADIUS CURVE BEARING NORTHEASTERLY FROM THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID RADIAL LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING ANY PORTION LYING EASTERLY OF THE CENTER LINE OF SAID VACATED FIFTH AVENUE ADJOINING LOT 15 ON THE EAST. t. - 15-;:415'-75 . . . Page 7, Item " Meeting Date 11/1/94 Noise ImDacts A noise analysis was performed based upon the impacts of the project with the following conclusions. I. "Baseline levels are sufficiently low on Alpine to accommodate an additional estimated 3,000 vehicles and still meet the 65 Db CNEL standard." 2. "Speed reduction will allow the diverted Moss Street traffic to be placed on a portion of Naples with no significant change in the acoustic environment. " 3. "There are no significant noise impacts associated with the project implementation (the street vacation) that require any mitigation. " 4. "Depending upon site layout, the new residences on the triangle parcel may require a noise wall if side yard or rear yard space abuts on the Naples Street right-of-way. Noise exposure will need to be evaluated during environmental clearance for the residential project. " ODDosition to Vacation At both the Safety and Planning Commission meetings, a number of residents registered their complaints relative to this proposed vacation and realignment. A number of letters of opposition have been received as well as a petition against the vacation containing 67 signatures. The main concerns were: 1. Increased traffic on Naples Street and Alpine Avenue Answer: Staff agrees that the proposed closing of Moss Street will divert traffic to the intersection of Alpine Avenue and Naples Street. An increase in stacking is unavoidable at the intersection during peak hours due to the realignment. The applicant will be required to widen Alpine Avenue and provide a right and left turn lane at that intersection. Staff believes that with the installation of the street improvements and an all way stop, the traffic would flow satisfactorily (see Exhibit "E"). Staff feels that the traffic flow on Moss and Naples Streets will remain essentially the same as they currently exists. Staff anticipates that there_will be a minor increase on Naples Street of 5 percent or less. Staff believes that the westbound motorists intending to go to Moss Street west of Third A venue or to the portion of Moss Street east of Third A venue will still turn on Alpine Avenue rather than go the 1/4 mile out of the way through at least one more traffic signal to stay on Naples Street. 2. The request for a waiver of sidewalk along the north side of Moss Street between Alpine Avenue and Third Avenue which could, according to the individuals testifying, encourage schoolchildren to use Naples Street with its lack of sidewalk. ~ ly02J Page 8, Item~ Meeting Date 11/1/94 """' Answer: Staff believes that the lack of sidewalk on the north side of Moss Street has little bearing on the amount on foot traffic on Naples Street. Moss Street has sidewalk on the south side, and there is no reason for schoolchildren to walk on the north side. 3. Increased noise and air pollution Answer: As a result of the realignment closure of the Moss Streetl Naples intersection and the increased in traffic trips to the widened portion of Alpine Avenue there would be an increase in noise at that location. With the increase in the number of vehicles at the Alpine Avenue segment their will be an unavoidably increase air pollution at that location. The air pollution for the overall area should not be affected. 4. Speed of traffic on Moss and Naples Streets Answer: Installation of the all-way stop should help to slow the traffic on Naples and Moss Streets in the vicinity of Alpine Avenue. 5. Concerns relating to left turns from both sides of Alpine Avenue onto Naples Street. Answer: Although the distance on Naples Street between the two legs of Alpine Avenue is relatively short, staff feels that motorists at the stop sign will have adequate time to ........., judge whether the turn is safe. This combined with the very low traffic volume on the south leg of Alpine Avenue (260 ADT) and the offset of the intersections in the direction favorable to the flow of traffic, should prevent conflicting movements. 6. Residents were concerned that the parcel would be developed with higher density than they feel should be allowed. Answer: The vacation will not be effective until the applicant receives approval by the City of the proposed development of the property. Residents would be notified of the proposed development or any other changes which might be proposed. Any change in zoning to increase density would require hearings before the Planning Commission and City Council as previously discussed. Public Notice Due to the amount of opposition which has been generated against this project, staff has exceeded the public hearing notification area to include property owners within a radius of 1,000 feet (instead of the required 300 feet) around the affected portion of Moss Street, plus all signers of the above-mentioned petition, plus owners of properties on Second Avenue between Moss and Naples Streets, Karen Way (the cui de sac north of Naples Street), along Moss Street and Naples Street between Alpine Avenue and Third Avenue, with the exception of the condominium owners ........., at the west end of Moss Street near Third Avenue. ~~-2( . . . Page 9, Item \ \ Meeting Date 11/1/94 Conclusion This is an opportunity for the City to clean up an area that may otherwise remain "under improved". For example: 1. No curb and gutter along Moss Street between Third Avenue and Naples Street 2. No curb, gutter and sidewalk along Naples between Alpine Avenue (north side) and Moss Street 3. Less than desirable intersection angle for Naples Street and Moss Street. This area adjacent to the Country Club between Third Avenue and Naples Street could be improved at no cost to the City or the Country Club. Staff believes that most of the concerns of the Citizens could be mitigated by a stop sign at Naples Street and Alpine Avenue (northerly extension) and by having Council approval of development plans for the triangular parcel prior to recording the resolution of vacation. Recommendation After reviewing past studies and their recommendations regarding the vacation and realignment, staff maintains the position that the most practical means to realign the intersection is to vacate the portion of Moss Street similar to that proposed by the applicant. Following the direction of the Safety and Planning Commissions, staff recommends that Council adopt a resolution ordering the vacation of Moss Street as proposed by the applicant with the following conditions: 1. Owner/developer shall pay the City $100,000 or, at the Council's option, install missing street improvements along the north side of Moss Street (from Alpine Avenue to Third Avenue) to City standards, except that no sidewalk will be required. 2. An all-way stop will be established at the intersection of Naples Street and the portion of Alpine Avenue north of Naples Street. 3. The owner/developer shall dedicate sufficient street right-of-way to widen Alpine Avenue north of Naples to 52 feet curb-to-curb in order to facilitate traffic flow at the intersection. 4. The developer/owner will install all needed street improvements along the parcel's Alpine Avenue and Naples Street frontages when the physical closing of Moss Street takes place. 5. Retain an easement 20 feet wide for Sweetwater Authority along the northerly side of Moss Street. ~ J~~S- Page 10, Item~ Meeting Date 11/1/94 ."",,, 6. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of Planning. 7. Require all discretionary approvals by the City to be approved prior to completion and recordation of the street vacation. FISCAL IMPACT: All costs to process the vacation are paid by the applicant. Income from compensation of $100,000 for the right-of-way if the cash offer is accepted by Council, none if the improvements are not considered as compensation. A copy of the Negative Declaration for the Initial Study is on file in the City Clerk's office. Attachments: Exhibit. A" Plat showiI:@'areastobevacated and the neant parcel Exhibit "B" Copy of report to Council aD request by San Diego Counuy Club for relief from requiremeots to install improvement..'> along the north side of Moss Street. Exhibit .C' Plat sbowing alignment of Moss Street (if subject portion is vacat.ed) as recommended by the Safety Conunission Exhibit "D": Plat sbowin@ an alternate alignment suggested (but DOl. recommended). Exhibit "Eo: Plat showing recommended improvements to be done at DeW intersection Exhibit "P" Safety Commission Minutes from meeting of 9/9/93 Exhibit "0": P1annine Commission Minutes from meetine of 10/27/93 Exhibit "Ho: Resource Conservation Commission Minutes from meetine 11/22/93 Exhibit "}": Residential Notification List File No. PV -057 WAU/JWH/JPL (l\.i:\HOME\ENGINEER\AOENDA\RESO _ V AC.JWH} ~ , j)--tO/}': cJ~ . . . RESOLUTION NO. ',",,",0,"+ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF A PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE AVENUE, NORTH OF NAPLES STREET WHEREAS, Country Club Villa Estates, owner of the triangular piece of property between Moss and Naples Streets westerly of the juncture of those streets has requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioned intersection; and WHEREAS, in accordance with the California Streets and Highways Code, the Council adopted Resolution No. 17681 at its meeting on October 4, 1994, setting the associated public hearing for November 1, 1994; and WHEREAS, the Resource Conservation Commission considered the Negative Declaration at its meeting of November 22, 1993 and voted 5-0 to accept the Negative Declaration for IS 94-01 (Moss Street Vacation); and WHEREAS, at its meeting held September 9, 1993, the Safety Commission approved a staff report by a vote of 6-0 recommending that the street be vacated with three conditions: a. Widen Alpine Avenue between Moss and Naples Streets to 52 feet (curb-to-curb) b. Provide an all-way "STOP" at the intersection c. Prohibit access to Alpine Avenue from applicant's property WHEREAS, at a public hearing held October 27, 1993, the Planning Commission found that the proposed vacation would be consistent with the existing General Plan; however, the Planning Commission recommended on a vote of 6-0-0-1 (Commissioner Fuller abstaining due to a conflict of interest) that the issue of the vacation be considered in conjunction with the proposed development of the property and not separate from it and staff concurs with this requirement; and WHEREAS, at its meeting held on October 4, 1994, council adopted Resolution 17681 stating the Council's intent to vacate a portion of Moss Street; and WHEREAS, in accordance with S8320 of the Streets and Highways Code, the resolution also set November 1, 1994 at 6:00 p.m. as the date and time for the public hearing for the Council to consider this matter; and ~ /5~.;2. 7 WHEREAS, notices required by Streets and Highways Code S8323 have been posted; and ~ WHEREAS, Tuesday, the 1st day of November, 1994 at 6:00 p.m. in the Council Chambers of the City of Chula vista was fixed as the time and place for hearing any objections to such vacation, and the Council having heard all interested persons. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby order the vacation of the subject portion of Moss Street, more particularly described in Attachment 1, attached hereto and incorporated herein by reference as if set forth in full, with the following conditions: 1. The owner/developer pay the City $100,000 for the vacated right-of-way (or, at the Council's option, install missing curb and gutter along the north side of Moss Street from Alpine Avenue to Third Avenue). 2. An all-way stop at the intersection of Naples Street and the portion of Alpine Avenue north of Naples Street. 3. Alpine Avenue north of Naples widened to 52 feet curb-to- curb with dedication of the needed right-of-way. 4. The developer/owner of the triangular parcel install all needed street improvements along the parcel's Alpine Avenue and Naples Street frontages. ~ 5. Retain an easement 20 feet wide for Sweetwater Authority. 6. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of Planning. 7. Completion of all discretionary approvals for the development of the parcel. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record a certified copy of this resolution with the office of the San Diego County Recorder. Presented by Approved as to form by John P. Lippitt; Director of Public Works Bruce M. Boogaard, City Attorney c: \rs\vacation -"""'\ ~//~oL~ . '. . PARCEL 2: A PORTION OF LOT 15 IN QUARTER SECTION 120 OF CHULA VISTA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALI FOPJUJ.., ACCORDING TO MAP THEREOF NO. 50S, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, Y~RCH 13, 1888. TOGETHER WITH A PORTION OF THE WESTERLY HALF OF FIFTH AVENUE, J..S VACATED, ADJOINING SAID LOT 15 ON THE EAST, DESCRIBED AS A \-.'HOLE J..S FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF ROBINHOOD SUBDIVISION NO. 2, ACCORDING TO MAP NO. 3488, ON FILE IN THE OFFICE OF THE COmlTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, BEING ALSO A POINT ON THE CENTER LINE OF MOSS STREET, SAID POINT BEING ON THE ARC OF J.. 2,74 C FOOT RJ..DIUS CIRCLE, TrlE CENTER OF \-.'HICH BEARS NORTH 4047'51" EJ..ST, A DISTJ..NCE OF 2,740 FEET FROM SAID CORNER; THENCE SOUTHEASTERLY ALONG S.UD J..LONG SAID ARC, A DISTANCE OF 32.59 FEET TO THE TR1.JE POINT OF BEGINNING; THENCE CONTINUING ALONG THE J..RC OF SAID CIRCLE, A DISTANCE OF 383.63 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF NAPLES STREET, FORMERLY KNO~~ AS SIXTH STREET, AS SHO~~ ON SAID Y~~ NO. 505, SAID POINT HAVING A RADIAL LINE WdICH BEARS NORTH 3054' 21" WEST; THENCE NORTH 71" 2 3' EAST J..LONG SJ..ID NORTH LINE OF NAPLES STREET, 179.5 FEET TO A POINT IN THE ARC OF A 2,700 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, CONCENTRIC WITH. SAID 2,740 FOOT RADIUS CURVE; THENCE NORTHWESTERLY ALONG SAID 2,700 FOOT RJ.~IUS CURVE TO A RADIAL LINE OF SAID 2,740 FOOT RJ.~IUS CURVE BEARING NORTHEASTERLY FROM THE TRUE POINT OF BEGINNING; THE);CE SOUTHWESTERLY ALONG SAID RADIAL LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING ANY PORTION LYING EASTERLY OF THE CENTER LINE OF SAID VACATED FIFTH J..VENUE ADJOINING LOT 15 ON THE EAST. PAGE 2 OF 2 . ~ 5-YO ATTACHMENT 1 L r- LEGAL DESCRIPTION FOR THE VACATION OF MOSS STREET BETWEEN ALPINE AVENUE AND NAPLES STREET PARCEL 1 AND 2 PARCEL 1: A PORTION OF LOT 15 IN QUARTER SECTION 120 OF CHU~. VISTA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STJ..TE OF CJ..LIFORNIA, ACCORDING TO Y~P THEREOF NO.505, FILED IN THE OFFICE OF THE COm,TY RECORDER OF SAID S~, DIEGO COUNTY, MARCH 13, 1668, DESCRIBED AS FOLLOW. : ~ COl'{!{ENCING AT THE NORTHEJ..STERLY CORl,ER OF ROBINHOOD SUBDIVISION NO. 2, ACCORDING TO Y';'P NO. 3466, ON FILE IN THE OFFICE OF THE COm,TY RECORDER, S~, DIEGO COUNTY, CALIFORNIA, BEING i.LSO A POINT ON THE CENTER LIl,E OF MOSS STREET, SAID POINT BEING ON THE J..RC OF A 2,740 FOOT RADIUS CIRCLE, THE CENTER OF ..'RICH BEARS NORTH 4.47'51" EAST, A DISTANCE OF 2,740 FEET FROM SAID CORl,ER; THENCE SOUTHEhSTERLY ALONG SAID ARC, J.. DISTJ..NCE OF 32.59 FEET TO THE TRUE POINT OF BEGINKING; THENCE CONTINUING J..LONG THE ARC OF SJ..ID CIRCLE, A DISTANCE OF 383.63 FEET TO A POINT OF INTERSECTION ..ITH THE NORTHERLY LINE OF NAPLES STREET, FORMERLY KNOWN AS SIXTH STREET, AS SHO..~ ON SAID MF.P NO. 505, SAID POINT ~.VING A RADIJ..L LINE ..'RICH BD.RS NORTH 3.54' 21" ..EST; THENCE SOUTH 71"23' WEST ALONG SJ..ID NORTH LINE OF NJ.~LES STREET, A DISTANCE OF 143.80 FEET TO A POIKT ON THE ~.RC OF A 2,760 FOOT RADIUS CIRCLE, THE CENTER OF ..'RICH BEJ..RS NORTH 1" 02' 17" WEST, A DISTANCE OF 2,780 FEET FROM SJo.ID POINT; THENCE NORTHWESTERLY ALONG THE ~.RC OF SAID CIRCLE, THROUGH A CENTRJo.L ANGLE OF ';.48' 39", A DISTANCE OF 2 3 3 . 4 2 FEET; THENCE NORTH 18.31' WEST, 43.20 FEET TO THE TRUE POINT OF BEGINNING. "...., PAGE 1 OF 2 ~ /~5/d--1 . . . . .. ( ( ..z...,f; I { g COUNCIL AGENDA STATEMENT ITEM TITLE: Item f ~-~-...,,~ Meeti ng Date ~ ,'[(jiBS Report on the request of the San Diego Country Club for relief from requirements for ins~:~/on of improvements Director of Public Works rfY~ . City Manager (4/Sths Vote: Yes No X ) -- SUBMITT~D BY: REVIEWED BY: The San Diego Country Cl ub has applied for a modffication of its Conditional Use Permit for the temporary use of a portion of the southerly end of the golf course property (fronting Naples Street) as a parking area for members vehicles and to place five commercial trailers IS interim locker rooms, pro shop and offices while the permanent clubhouse is under construction. As part of the review of this application the Public Works Department has requi red a number of street improvements in conjuncti on with the buil di ng permit for the interim facilities and advised the Country Club that a commitment to participate in the construction of permanent improvements along Moss Street in conjunction with the building permit for the new clubhouse would be required in lieu of providing those facilities now. Permanent improvements along flaples Street would be required at such time as a permanent development along that frontage occurs. Because of the relatively high cost of this work the Country Club is requesting relief from these requirements. RECOMMENDATION: That Council support Staff's position that: (1) curb, gutter and neCeSsary paving and street lights along Moss Street will be required with issuance of the building permit for the permanent clubhouse, with installation of said improvements to be the Subject of a BlOCK Act project with a petition requesting same submitted by the Country Club, (2) that the proposed interim driveway be located at a point opposite Dixon Street with minor widening in Naples Street to provide for left turning vehicles to be bypassed by through vehicles and adequate transitional improvements to allow for a safe connection of the driveway to the Naples Street roadway, I (3) concur with the requirement that ultimate improvements along Naples Street . will be installed at such time as the permanent development of the fronting property occurs or if the improvements along the south side of Naples Street are installed by an assessment district the Country Club will agree to participation in a district to install the Naples Street improvements al.on9 their frontage., { ,. ~ ~J (]) _ ~..-.~ 4-0 /?t.~u!u-e.-- tzllQ7T 7 l.N'l~~r - / (I /5- JJ .' _... .._._ ....... ...:E4' . .' ( ( Page 2, Item ~ Meeting Date Z/Z/88 ~ DISCUSSION: A number of processes have been included in the Country Club's overall project and as a result, some inconsistency on our part may have developed. The ~rocesses that have been involved to date include: 1. A C'onditional Use Permit for the construction of the new clubhouse which was approved in Harch, 1987. 2. A Conditional Use Permit for interim facilities at Naples Street currently being processed. 3. Environmental reviews for interim facilities at "L" Street and at'-Naple~ Street. 4. Building Permits for the placement of mobile units at Naples Street. 5. Bui 1 di ng Permi t for the reconstructi on of the permanent Cl ubhouse at "L" Street. The Conditional Use Permit for the construction of the new club house centered on the site of that structure at "L" Street. The need for improvements was~ related to access to that building. With Naples Street approximately one half mile to the south and the multitude of parcels of land that the Country Club owns we did not originally relate the lack of improvements along Naples Street or Moss Street to that permit. However, when the application for a Conditional Use Permit for the temporary facilities at Naples Street was referred to us for comments it became apparent that improvements were required. Representat i ves of the Country Cl ub requested a meeti ng wi th staff to di scuss these requi rements and several di scussi ons have ensued. On the basis of a di scussi on on January 15, 1988, a prelimi nary agreement as to the type and timing of the installation of public improvements was reached between staff and Club to the effect that: 1. The present .service entrance to the club off Naples Street would be relocated easterly to be directly opposite Dixon Street. 2. Street widening on Naples Street would be provided IS necessary to provide safe ingress and egress from the relocated entrance. """\ ~ )YJ1 .- . . . ( ( Page 3, Item ~ Meeting Date Z/Z/88 3. The Country Cl ub woul d make an affi rmathe conmitment to participate in future assessment districts for the provision of permanent public improvements on a fair pro rata basis. Letter dated January 18, 1988 from Stephen P. Oggel which is attached as an exhibit, contains statements of such agreement. In our 'original proposed conditions of approval we identified street lights, monolithic curb, gutter and sidewalk, street paving to a line 32 feet north of the centerline of Naples Street and possible drainage facilities as building permit requirements. We also indicated that utility service facilities would be required to be undergrounded. - That staff position was based upon our impression at the time that improvements coul d be requi red only along the frontage of the parcel actually being developed (i.e., the new clubhouse). Subsequent to that time we were advised by the City Attorney that the City has the right to require improvement of streets along the Country Cl ub 's enti re frontage as ei ther conditions of approval for the Conditional Use Permit or a Building Permit. On the basis of this info~ation we believe that all of the missing improvements along Moss Street should be required with issuance of the building permit for the new permanent clubhouse. This construction will complete the improvements around the periphery of the Country Club except for approximately 700 feet along I~aples Street and 550 feet along ~Ioss Street. (The I.loss frontage is intended for vacation in the future.) We also believe that the need for the improvements is not so urgent that it can be included in a future Block Act project in which the Country Club would be able to pay for the improvements over a period of ten years. It is our opinion that development of temporary Club facilities along Naples Street shoul d not create an inmedi ate need for permanent improvements a10n9 that street at this time. The Club facilities are intended to be used for approximately one year and we believe that providing for safe ingress and egress to those temporary facilities during their existence'is adequate. If an improvement district should be created for improvements along the south side of Naples, we believe it would be reasonable to require their installation across the Club frontage at that time. A very preliminary estimate of providing the improvements IS rec(llllllended in Moss Street is $62,000 (less than 2S of total project cost). This cost incl udes the install ati on of curb and gutter along a 2.450 foot segment of Moss Street, minimal pavement overlay. preparation of the street subgrade and street 1 i ghts. Y~~-J~ ~ . ( ( ""'" Page 4, Item ~ Meeting Date Z/Z/bb An exhibit showing the Country Club property, the location of the improvements and the proposed temporary and permanent, structures is attached, for reference as Exhibit "A". Exhibit "B" shows the temporary Club facilities. The temporary Club facilities to be installed adjacent to Ilaples Street under a Building Permit are proposed to be conditioned to have the driveway relocated to align with Dixon Street and to provide' for left turns into or from Napl es Street by a wi dening of the street pavement and restripi ng.' The cost of the work is estimated to be minimal. Transitions from the existing edge of pavement to the driveway are also proposed. FISCAL IMPACT: None. RLD:nr/ Z t3 II ~ WPC 3521E ""'" ""'" ~ J5"~J? !yJ yr- EXHIBIT J Cl\ ALPINE AVE. H c - I ~ ~ ~ ~~~ i "'t . . ~ - FIRST AVE. OWN BY: ~ - H f\1 - FIL.E NO. '(:::' " ~ ALPINE J - AVE. - I ~ FIRST AVE. ~ ~ ~ ~ H ~ '" CD (I) ~ 0 ~ .. ~ IIlI .... '" )( - III -c - z CD - i 0 - co i co - -.., CD z )~:J~ EXHIBIT liD" Ql () . H C>>~ ~~ ~ ,...~ I ; . \ ~ , ) \ ~ \ I , I IIJ i I '\ UJI'\ (_' ",.,.ItDI(. $/),,& #, ~"t/.,",4"7 .. \ tllll {T"'''' e.",,) ,It-I \ \',1/'1\ ___-- ,1.....1"'& .AVI.. ~-~~- ( .1. J J: ~ I J _ \- AL.PIIJE ",,,e.. ... , -I 1 I . \ ~ I I I \ .nl\ ~ ~ \ ~I \ 2.\- I ...", ---- ~ - \ .&.M "I/~ . . r---- FILE NO, I t I ~ :1 .... I: '- _J\ J-=~ / -,,,,. ~I / ~\, EXHIBIT "Eu* ., ::J oJ lJ EXISTING KI6f1T.()t.W1d' ). 4- I- o U iii ~ :) o v ... o ~ V VI OWN BY: . Llt,,_ . . . . ~xtu~/f F PV-057 MINUTES OF A REGULAR MEETING OF THE CHULA VISTA SAFETY COMMISSION Thursday, September 9, 1993 7:02 p.m. Council Chambers Public Services Building CALL TO ORDER 1. Roll Call: Present: Chair Thomas, Vice Chair Padilla (arrived at 7:15), Commissioners Braden, Koester, Matacia, and Pitts Also Present: Harold Rosenberg, Traffic Engineer; Frank Rivera, Associate Traffic Engineer; Agent Bryan Treul, Police Department; Shirley Buxton, Recording Secretary 2. ,1.d2e of Alle2iance/Silent Prayer 3. ODenin!! S1atement . Read by Chair Thomas 4. ADoroval of Minutes: July 1, 1993 (Workshop); July B, 1993 (Revised); August 5, 1993 (Work. shop); and August 12, 1993 MSC (Braden/Pitts) to accept the minutes of July 1, 1993 (Wor1cshop); July 8, 1993 (Revised)i August 5, 1993 (Workshop); and August 12, 1993 as presented. Approved unanimously with Commissioner Koester abstaining on the minutes of July 8, 1993; Commissioners Pitts and Koester abstaining on the minutes of August S, 1993; and Commissioner Braden abstaining on the minutes of August 12, 1993. MEETING AGENDA 5. REPORT on vacation of a portion of Moss Street between Alpine Avenue and First Avenue Frank Rivera presented staff's report and the realignment options staff considered. Hal Rosenberg said from a traffic engineering perspective, the realignment of Moss Street would be an improvement over existing conditions which created an acute angle for motorists and made it difficult for motorists turning east onto Naples Street. Commissioner Matacia asked how much additional traffic would be created on Alpine Avenue. Frank Rivera said the current volume on Alpine Avenue was approximately 200 vehicles per day. Hal Rosenberg said there were 6,000 cars traveling on Moss Street. Those vehicles would be transferred to the curved section of Moss Street/Alpine Avenue. Motorists making a left hand turn from Alpine Avenue to Naples Street would be on a new portion of road wider than the current 20'. The increase on Alpine Avenue would be significant. Chair Thomas asked if there was off-street parl<ing allowed on Alpine Avenue and how many spaces would be gained by widening the street. Frank Rivera answered that off.street parl<ing was allowed. Hal Rosenberg said when improvements were made, there would be parl<ing allowed on both sides of the street. .;p-r ) f t/I Safety Commission Minutes September 9, 1993 Page 2 l Chair Thomas said there were palm trees that caused a sight problem. He asked how the realignment would take place so that the trees would not cause a sight problem. Hal Rosenberg said if there was a sight distance problem, it would be investigated. Commissioner Pins asked staff if there was adequate room on Naples Street for vehicles making a left turn from both sides of Alpine Avenue onto Naples Street. Hal Rosenberg said the distance was shon, but staff felt motorists at a stop sign had adequate time to judge the surrounding circumstances. The ability to see an opening to turn left was ample. Staff did not view that as a problem. Chair Thomas asked if there was any consideration given to an all-way stop at the intersection. Mr Rosenberg said it could be a candidate for an all-way stop after the improvements were completed. The voiumes of traffic were balanced on botn Moss and Naples Streets. John Krabacher, 147 Naples Street, Chula Vista, 91911, said the Commission had addressed the angle of Moss and Naples Streets and said it was a problem for drivers. There had never been an accident at that intersection, but on Naples Street there were five. The Commission was going to double the traffic on Naples Street. He asked if the Commission was going along with the developer's idea or the City's view With all the traffic there would be either a signal installed or an all-way stop and accidents would occur. He would like to see the intersection remain as it was or staff's option A. He asked what was going to be built on the land. ~ Hal Rosenberg said the applicant's representative was in attendance, but he believed single family dwelling units were proposed. It was not a City project. The developer requested the City consider closing the street in turn for installing missing improvements that would beautify the area. Staff was obligated to review the project for feasibility From that perspective and safety point of view, staff felt it could WInk and would improve a substandard position. Mr Krabacher said that staff had all but ruled out Option E which would have made Alpine Avenue a cross intersection because it would go through the applicant's propeny. Hal Rosenberg said staff did not rule that out, but it was not the applicant's proposal. If the applicant offered that proposal to staff, it would be accepted. Mr Krabacher said he could foresee head-on collisions occurring. Since Naples Street went through to the hospital, it had become a thoroughfare for ambulances. Gre, Cox, 3130 aonita load, Suite 200, Chu/a Vista, CA 91910, represented the San Diego Country Club and the Country Club Villa Estates who were the co-applicants tor the street vacation. The owner was Frank Ferreira who put the property in a family trust, and in December 1992 transferred title to his children who were the owner of record. The parcel was zoned R.l and was a 8,000 square toot triangular parcel which could accommodate one residence. With the vacation of Moss Street, it could accommodate tour to five homes. The San Diego Country Club was supponive of the application for two reasons. It would improve their operations, because there would not be the traffic along Moss Street; and if the street was vacated the easement on the property would be abandoned. The beneficiaries of the vacation would be the San Diego Country Club and the Ferreiras. The Ferreiras negotiated with the San Diego Country Club in order to dedicate their half of Moss Street to them. San Diego Country Club wanted to be released from obligations to install public improvements and wanted the Ferreiras to install the improvements (curb, gutter, street lights). The ~ /y y~ . l . Safety Commission Minutes September 9, 1993 Page 3 improvements from Third Avenue to Alpine Avenue and Naples Street were valued at approximately $130,000. As a part of the application, a waiver to install the sidewalks had been filed. The rationale was there was no need for sidewalks on the north side, since there were sidewalks on the south side. It might be used as a jogging trail instead. There were many places in the City where sidewalks were not installed near open space areas. The balance of the improvements would be a condition of the proposed site. Curbs gutters, and sidewalks would be required by the City. . Mr Cox said the vacation would be an economic benefit to the applicant as well as the City since the current intersection of Moss and Naples Streets would be corrected. He sympathized with the residents since traffic was heavy on Moss Street and travelled rapidly. He felt those improvements would slow traffic down. Installation of a three-way stop sign would be supported by the applicant. He agreed that traffic on Moss Street would decrease and Naples Street would increase. The three-way stop sign would keep traffic flowing and would not cause a back up in front of residences on the comer of Alpine Avenue and Moss Street. The intersection of Alpine Avenue and Moss Street would be improved and would provide for both a left and right turn lane on Alpine Avenue. Staff recommended that no access be permitted along the realigned Moss Street for the development. The applicant's concern was that if it was zoned R-l, it would be an awkward lot and requested the condition be modified to allow the applicant to submit a proposed design for the parcel and allow staff to look at it at that time. He felt it was a win-win solution since it would eliminate an awkward, dangerous intersection. Also vehicles were driving through the vacant dirt parcel rather than making a stop on Alpine Avenue and Naples Street. The parcel was an eyesore and a maintenance problem, but the vacation and development would bring the area up to City standards as well as improve the neighborhood. Commissioner Braden said hopefully the homes would only be one-story homes and not townhomes. Mr Cox said there had not been any design yet, and could not respond to Commissioner Braden's comments. . Charles Mitchell, 161 Naples Street, Chula Vista, CA 91911, stated he was a former police officer for the City of Chula Vista and never had investigated a traffic accident at Moss and Naples Streets. He had seen accidents at every other T-intersection along Naples Street due to the speeds. Vehicles travelling westbound on Naples Street between Hilltop Drive and Second Avenue reached speeds of 6(}70 mph. A motor officer recently monitored the area and the officer wrote tickets for speeds 15 mph over the speed limit and could not write tickets fast enough. The officer mentioned that he could write two ticket books per day at that location, which equalled SO tickets. Mr. Mitchell said he watched motorists roll through the stop sign at Second Avenue at speeds of 30 _ SO mph and asked the Commission why they would add an additional 6,000 cars to the street. He said there would be trouble. Since Naples Street had been opened through to Chula Vista Community Hospital, ambulances used Naples Street as their access. The south side of Naples Street from Third Avenue to Dixon was unimproved. Recently, he saw an ambulance travelling eastbound on Naples Street and motorists in front of the ambulance pulled off the road at 35 . 40 mph and caused the area to be covered in dust. He wondered how the ambulance driver could see the road. If a motorist had attempted a turn from Alpine Avenue, the ambulance would have collided with the vehicle. Chair Thomas asked for accident statistics in the area. Frank Rivera said staff had accident history for the past three years. At Naples Street and First Avenue, there had been two accidents. One was a rear-end accident, and one a single vehicle accident that struck a fence. There had been an accident on Naples Street when an eastbound motorist was attempting a right turn onto Alpine Avenue and was passed on the right by another vehicle and broadsided the motorist attempting the turn. Another accident in the area was at Moss Street and Alpine Avenue in which a vehicle struck the fence near the Country Club. ~ /yt/;J Safety Commission Minutes September 9, 1993 Page 4 ~ Hal Rosenberg said when an unusual intersection had sight distance problems, motorists became more cautious. Staff would never allow that type of intersection to exist today as it was a liability risk to the City. The City would be negligent in allowing the intersection to exist and recommended against retaining the existing intersection. Robert Cans, 129 Naples Street, Chu/a Vista, CA 91911, lived on the corner of Naples Street and Alpine Avenue and stated the parcel of land used to be a vegetable fjeld. Bob Casey owned the property and made the mistake of pulling the jog in Alpine Avenue and thought the area was originally supposed to be commercial. later Mr Casey tried to have the area re-zoned for a home, driveway, and gas station. Residents defeated the proposal. Mr. Casey sold the land to Frank Ferreira. Mr. Ferreira also tried to develop the land which included closing Moss Street. The residents on Moss Street would be for it, because it would mean less traffic. Traffic however would back up on Alpine Avenue and the residents on the corner of Alpine Avenue would not be able to exit their homes. He hoped the Commission would take into consideration all the traffic that would be added to Alpine Avenue and Naples Street. Robert MacNear, 121 Naples Street, Chula Vista, CA 91911, said the traffic had increased and motorists used Alpine Avenue to shortcut to Naples Street. The intersection of Moss and Naples Streets was a bad location and made it difficult to see traffic on Naples Street. Motorists were apprehensive leaving the intersection. He suggested widening Moss Street. The area was not an eyesore because he cut the grass. He would like to see residents purchase the lot or see Moss Street widened with a traffic signal installed. Corinne Cabella, 1098 Alpine Avenue, Chu/a Vista, CA 91911, lived at the corner of Naples Street and Alpine Avenue and said the cars did not stop on Alpine Avenue. She was concerned about her health since exhaust would increase with the additional traffic. It would be easier to have Alpine Avenue north meet Alpine Avenue south at Naples Street even though it would cut through the proposed project. Her garage was on Naples Street. The sidewalks were needed and she didn't know why the Country Club could not put them in. She said children walked the area daily to get to school. "'" jenene lord, I1S Naples Street, Chu/a Vista, CA 91911, was opposed to staff's recommendation. It would be nice if both Mr. Cox and Mr Ferreira could make their profit, but Mr. Ferreira bought the property on a gamble. She said it would be good to install a stop sign on Naples Street, but what about at Moss Street instead of Alpine Avenue. The south side of Naples Street was unimproved and residents voted for incorporation with the assumption that it would be improved, and it had not been. Naples Street was a main thoroughfare for children going on Hilltop Drive and Castle Parks Schools. She was not for added traffic to Naples Street and agreed with previous speakers that speeds were high in lhe area. She was against closing any public street because then options were closed for both citizens and emergency vehicles. It happened with Fifth Avenue. Even though there was a nice shopping center, lhe closure had impacted other streets. It happened with Fig Avenue and motorists had to wait on H Street at a long stop light at Fourth Avenue. If an emergency vehicle saw Moss Street was backed up, it could take Alpine Avenue and vice versa. If the street was closed, that option would be gone. She didn't see any reason for going ahead with the project to benefit two individuals. She had not heard what the proposed project was, whether it was one house or five houses. All homes on Naples Street and in the affected area had their entrances and exits on Naples Street and more traffic would make it difficult to enter and exit their residences. Derry CouBh'an, 1094 Alpine A_Ill!, Chula Vista, CA 9191" lived in the area for many years and would have known of traffic problems, if any He agreed with previous speakers in that even though the comer of Moss and Naples Streets was awkward, it had never caused an accident. One of the accidents in the area was when a motorist fell asleep at the wheel and hit the fence by the Country Club. It had nothing to do with the intersection. He opposed the project because during early evening rush hours, there were five or six cars backed up at Alpine Avenue and Naples Street and there would be seven or eight cars backed up and at the corner of Moss and Naples Streets. Without the thoroughfare of Moss Street, the seven or eight cars from Moss , ~JytjY ~ . Safety Commission Minutes September 9, 1993 Page S Street would be wrapped around from Naples Street on Alpine Avenue to where he could not get out of his driveway. A bottleneck would be created on lhe comer. He liked option A, but recommended staying with the current situation. .obert Vega, 110B Hilltop, Chu/a Vista, CA 91911, lived at the corner of Hilltop and Naples Street and said trees blocked the view of drivers on Alpine Avenue trying to enter Naples Street. At First Avenue and Moss Street, there was brush that obstructed vision and he did not understand why the City could not make the Country Club keep it trimmed. At Hi IItop Drive and Naples Street, vehicles travelled through the red light and traffic was bad in the area. . Mr Cox returned to the podium and said the staff proposal was predicated on the fact that Moss and Naples Streets was a substandard intersection and a potential liability problem. Even though there had not been any accidents in the last three years, there was sti lithe potential. The Commission had an opportunity to have improvements made to the intersection with no cost to the City It would be a condition of the vacation to have the missing improvements installed. He agreed that speeding was a problem, but it was a problem in the entire City not just in the area. He supported the installation of a three-way stop on Naples Street. The re-alignment had been looked at by the City since 1985, and was not something new The concern about the back up of traffic on Alpine Avenue was a legitimate concern. However, there would be two lanes of traffic on Alpine Avenue, one lane to turn left, and one lane to turn right. With a better defined roadway, it would be an improvement of the existing conditions and he asked for the Commission's favorable opinion. Chair Thomas said that after listening to the public hearing, he was more in favor of adding an all-way stop at Naples Street and Alpine Avenue not as a trial traffic regulation, but as part of the recommendation. Hal Rosenberg said staff had not evaluated the intersection in accordance with the Council policy, but it would most likely be a good candidate. Even if an all-way stop was installed, traffic patterns would remain the same. Moss Street represented a short cut to Third Avenue. There was an advantage to motorists travelling westbound who wanted to go north on Third Avenue to use Moss Street, it was convenient. Motorists southbound on Third Avenue would probably continue to use Moss Street to access Naples Street. The traffic volumes would remain the same. He provided additional comment regarding the size of lanes on Moss Street. Commissioner Pitts asked to review the traffic volume data. Hal Rosenberg displayed a table of traffic volumes in the area. Commissioner Pitts asked staff to clarify the statement that because of the new turn lanes on Alpine Avenue, the resident who lived on comer of Alpine Avenue and Moss Street would not have a problem exiting the driveway. . Mr. Rosenberg said there would be times when the intersection would be backed up to the curb, but with an all-way stop, the 6,000 vehicles represented a lood balance, and with the all-way stop the traffic would flow adequately. Commissioner Pitts asked what the City would have to do to proceed with Option E, which would take Alpine Avenue through the property and connect on Naples Street with the south side of Alpine Avenue. Mr. Rosenberg indicated that the developer did not volunteer a redesiln of the parcel to allow for the realilnment. The City could negotiate purchase of the property if it felt the intersection was needed. He did not believe there was any incentive to do that. ~)5rS Safety Commission Minutes September 9, 1993 Page 6 ~ Vice Chair Padilla said it seemed they were being asked to consolidate the property which would allow the property owner to have better selling options. There were also existing City-wide concerns. With a closure of a street, traffic would be moved to Naples Street or Alpine Avenue. The residents were concerned with the additional traffic but felt that it should be balanced with the City having a cleaner, safer area. Diverting directly to Naples Street would move traffic on Alpine Avenue. He would be more comfortable to go with Option A which would sti II allow westbound access to Moss Street from Naples Street. It was understood that it could interfere with the developers plans for the parcel. He would be comfortable with Option C with the addition of an all-way stop. MOTION: (Thomas) to approve staff's recommendation with two additions: 1) the all-way stop be incorporated in the design; and 2) the intersection of Alpine Avenue and Naples Street, in conjunction with the sight distance, be reevaluated and redesigned. Vice Chair Padilla asked if he should attempt to get support for Option A and asked Chair Thomas if he would withdraw his motion. Motion withdrawn by Chair Thomas. MOTION: (Padilla) to accept Option A of staff's report. Motion died for lack of second. MSUC (Thomas/Padilla) to: 1) realign a portion of Moss Street to be built to collector street design standards; 2) striping, marking, and signing be provided for the new alignment; 3) no access be permitted along the realigned Moss Street for the proposed development; 4) an all-way stop be installed at the intersection of Naples Street and Alpine Avenue; and S) the addition of realigning the sight distance of the intersection of Alpine Avenue and Naples Street. """\ Hal Rosenberg asked the Commission for clarification on realigning the sight distance portion. He asked if the Commission was asking staff to do whatever was necessary to improve the visibility or if the Commission actually intend to have the developer reconfigure the intersection. Chair Thomas said his motion was to have staff redesign the intersection in relationship to the crosswalk for the sight distance. At the current location of the crosswalk, a motorist could not make a right turn. Motorists moved up 10' or 12' encroaching into the right of way in order to see past the palm trees. Mr. Rosenberg made the observation that once the all-way stop was installed, that problem should disappear. Chair Thomas explained to the audience the motion and the decision that the Commission made. He clarified that stop signs would be placed on Naples Street at Alpine Avenue. 6. REPORT on Request for crosswalk and stop signs in the vicinity of Rohr Elementary School Frank Rivera presented staff's report and the Commissioners viewed slides of the area. Commissioner Matacia asked what the school had designated as the "safe route to school" and if the area would be safer without the walkway. """\ Frank Rivera said Rohr School did not recommend a particular route and left that decision to the parents. The School distributed the map to the parents to assist them in planning where the most protected crossings were. ptr )yt/~ . . . OJ. tvt h,.f C- MINUTES OF A REGULAR BUSINESS MEETING OF THE CITY PLANNING COMMISSION OF CHULA VISTA. CAUFORNIA 7:05 p.m. Wednesdav. October 27. 1993 Council Chambers Public Services Building 276 Fourth Avenue. Chula Vista ~OLL C A 1.1. COMMISSIONERS PRESENT: Chairman Martin, Commissioners Fuller, Moot (7:06). Ray, Salas. Tarantino, and Tuchscher COMMISSIONERS ABSENT: None STAFF PRESENT. Assistant Planning Director Lee, Principal Planner Griffm. Associate Planner Miller, Associate Planner Reid, Sr. Civil Engineer Ullrich. Assistant City Attorney Rudolf PI.F.DOE OF AU .F.GlANCE - SILENT PRAYER The pledge of allegiance to the flag was led by Chairman Martin. followed by a moment of silence . INTRODUCTORY REMARKS Chairman Martin reviewed the composition of the pIRnning Commission, its responsibilities and the format of the meeting. APPROVAL OF MINUTES MSUC (FullerlRay) 7-0 to accept the minutes of October 13, 1993. as submitted. ORAL ("oMMUNICA TlONS - None Commissioner Fuller asked that she be ru:used from consideration of Item 1 be{''',,,,, of a conflict of interest. She bad at least $250 business with the Country Club during a year. ~j~/t7 PC Minutes -2- October 27, 1993 ~ ITEM 1: PUBUC HEARING: REPORT ON GENERAL PLAN CONSISTENCY OF PROPOSED VACATION OF MOSS STREET BETWEEN ALPINE AVENUE AND NAPLES STREET - San Diego Country Club and Country Club Villa Estates Partnership Principal Planner Griffm presented the staff report and recommended that the Commission report to the City Council that the proposal was consistent with the Chula Vista General Plan. He noted that several letters of concern and objection were received, and copies of a petition which had been submitted that day had been given to the Commissioners. Mr. Griffm stated that he had reviewed all of the materials and the issues focused on some of the more fmite vacation issues rather than the General Plan issues. Commissioner Salas stated that she did not see any fmdings of fact that would support that the safety issue had been resolved. How could it be determined that it is consistent with the General Plan. She was concerned with the potential stacking problem off Moss Street to Naples. She conceded the existing angle presented a safety problem, but felt it was not logical to have the short distance with three stops. Principal Planner Griffm replied that Commissioner Salas' concerns should be considered in relation to the street vacation, but even if there were a fmding that they were creating a negative safety impact, it would not be a General Plan level issue. It would be more specifically related ~ to a detail regarding the installation of additional signaling devices, warning signs, or different approaches to moving the traffic around. He did not believe the possibility of stacking would present the same sort of safety concern as the angle at which Moss now intersects with Naples. Sr. Civil Engineer Ullrich agreed. He stated that the average daily traffic at that intersection was 6790, with eastbound trips of 3370. There would be approximately 337 trips during the peak hour in the eastbound direction, about 6 per minute. There would be some stacking during peak hour. Commissioner Salas concluded that at this point the Commission was not to consider any alternative to what had been proposed. Mr. Ullrich answered aff1nl18tively, noting it was only to make a finding to determine whether it was consistent with the General Plan. The Safety Commission had considered five alternatives, and had proposed the alternative before the Commission. Commissioner Tarantino was concerned that the letters and testimony that would be presented would most likely deal with the peripheral issues, and how the Commission would deal with it. Mr. Griffin stated the residents had been noticed and encouraged to attend to get their concerns on the record, and it would also help staff to prepare for the Council hearing. He suggested that their testimony be taken. . ~ ~ )3~Y~ . PC Minutes -3- October 27, 1993 Assistant City Attorney Rudolf commented that it was within the discretion of the Commission whether to take the testimony. There were a number of issues regarding this item, but the Commission was only charged with mald1\g a finding of General Plan consistency. Commissioner Tuchscher was concerned about what was proposed on the property, what would be next, and what might be coming down the road. Principal Planner Griffm explained how the parcel was now zoned and the potential for the property if the street were vacated. He noted if the parcel were split, the applicant would apply for a parcel map for four or less parcels; for five or more parcels, it would be a subdivision map. Mr. Griffm explained the procedures for a parcel map, noting that the neighbors are noticed and could comment. If objections were received, an administrative hearing would be held and any decision could be appealed to the Planning Commission and City Council. If the applicant wished to pursue a multiple family zone, they would need to apply for a General Plan amendment and rezoning of the property which would require public hearings before the Planning Commission and the City Council and the neighbors would be noticed. Environmental review would also be included in any higher density usage. Staff was not aware of any particular proposal on the part of the applicant for the property beyond the vacation. . The Commissioners were concerned that the item was not part of a plan or proposed development for that particular area and why it was not being considered as part of a broader plan or solution of a problem. The applicant may have their own reasons for processing the project in this manner and they would be in the best position to address this issue. Mr. Griffm replied, however, that it was being taken at face value, as a vacation. The applicant was probably asking for a threshold decision on the vacation before getting into the expense of a parcel map or some other process. Commissioner Ray was concerned with the level of service on both Moss and Naples and the LOS differential impact on the neighborhood. He believed the LOS would increase on Moss and would decrease on Naples. Mr. Ullrich did not expect a decrease or increase in LOS. The basic traffic would be the same. The intersection would only be realigned. Commissioner Tuchscher asked what would happen if the parcel was split into lots which would have substantial value. What would happen when these properties are vacated. Would there be any compensation to the City. Mr. Ullrich said that would be included in the agenda statement to the City Council. In this case, there could be some compensation relative to loss of land. Compensation would be a City Council decision. Commissioner Tuchscher concluded that it was consistently. policy of the Council to determine some valuation to the City for that property. The pioperty would be appraised, and seek remuneration would be sought for the sale of the property. Mr. Ullrich said it depended on the circumstance under which the PIUperty had been vacated. . ~y1"l PC Minutes -4- October 27, 1993 """'" Commissioner Ray again asked why the item was before the Planning Commission if it was currently zoned and consistent with the General Plan. Mr. Griffm explained that the text in the staff report to which Mr. Ray was referring was to the General Plan Land Use Element. The General Plan contained both the Land Use Element and Circulation Element which addressed the issues before the Commission. Mr. Ray concluded that the Commission was not discussing the usage of the property, but if the property were developed, what the potential impact could mean. Commissioner Salas said she had not read anything in her packet that satisfied her that the Circulation Element had been met. She could not fmd the facts that supported that the recommendation would meet the General Plan. Assistant Planning Director Lee explained it was staff's conclusion that both the existing and proposed realignments were consistent with the Circulation Element of the General Plan, which showed the connection between Moss and Naples. The issue of where the connection should be and the safety issues were addressed as a recommendation from the Safety Commission going on to the City Council. It is a requirement of the State that the Planning Commission make such a fmding. Staff had tried to make it clear to the residents that the Safety Commission was dealing with the safety issues and were making the recommendation to the Council relating to the General Plan consistency To invite the people to provide testimony also provides feedback to the City Council prior to their public hearing. This was not a required hearing before the Planning Commission. It was advertised as a public hearing to give people the opportunity to speak on the matter. """'" Principal Planner Griffm, referring to Commissioner Salas' concern, said that when it was mentioned in the report that the proposal meets the General Plan street standards, it specifically referred to the fact that this was a Class 2 residential collector in accordance with the General Plan which required a 52' width travelway. Moss and the section of Alpine as conditioned would provide that General Plan level travelway width. Also, the level of service would remain at 'A'. The resolution could be amended to refer to those specifics if the Commission desired. Chairman Martin coocluded that the Commission was to determine whether this was consistent with the General Plan, but some of the Commissioners had serious questions about that corner. He felt it was important to get input from as many people as possible. Assistant City Attorney Rudolf stated that the staff report discussed the IaDd use portion of the General Plan, but the portion dealing with the requirements for maint....."".e of level of service did not give factual information. His understanding was that staff had given those .facts and could provide that information. It had been stated for the record, and for the C<mtmi~~ion and the public so it could be made a part of the decisionmalring process. Commissioner Ray asked again, if this was consistent with the General Plan and the facts before staff bore that out, why this was coming before the Planning Commission as opposed to being ""'" an administrative approval. Assistant City Attorney Rudolf stated it was a statutory requirement. ~/yftJ . PC Minutes -S- October 27, 1993 The California Government Code provision required that the Planning Commission make a recommendation in a report to the City Council with regard to General Plan consistency for all street vacations. This being the time and the place as advertised, the public hearing was opened. The following were in favor of the project and gave a IS-minutes org~n;7M presentation: . . Greg Cox, 3130 Bonita Road, Suite WO, Chula Vista, CA 91910, representing Country Club Villa Estates, agreed with the staff report with the exception to precluSion of access to Alpine. Mr. Cox stated the street was an easement provided by the two adjoining property owners, and discussed the existing traffic circulation. The street would be widened, parking would be allowed on both sides of the street, curbs and gutters would be installed at the intersection along with a three-way stop, and it would clear up an existing acknowledged dangerous intersection that is a potential liability problem for the City. Regarding the concerns of the Commissioners, if there was not a street vacation, it would be useless to go through a parcel map process and other things that would be necessary, lengthy, and expensive. The obligation to put in the curbs, gutters, street lights, and missing pavement would be picked up by the applicant and the owner of the triangular parcel. The installation of those improvements would be a benefit to the City and to the Country Club. A noise study had been done, which would be introduced at the Council meeting, which indicated that it would be below the noise standards of 6Sdb. He urged approval by the Commission, and asked to reserve a short time at the end to respond to comments or questions raised during the public hearing. Commissioner Ray asked if there was any kind of conceptual map of the potential 4-S dwelling units that could be built. He was concerned about access. Mr Cox said there had not been any conceptual maps. By precluding access on Alpine Avenue, it would make it a more difficult site to develop. He did not know what the alternative would be. They would request that there not be a total preclusion of access onto Alpine and that they be given the opportunity to come back with a plan accessing the back portion of Alpine. Commissioner Ray asked the specific reason for preclusion to access to Alpine. Mr. Cox said he thought it was probably the proximity to Naples. Commissioner Ray felt it would be an improvement over the existing alignment. Mr. Cox said that dirt tracks go through the middle of the parcel presently. because a number of people cut through. . commissioner Moot would be more comfortable considering the ploposed development for the area at the same time as the vacation. Many times at this level, problems the residents seem to have are resolved in the context of designing a particular project. PiecePllling must have some type of fmancial advantage to the proposed developer, but makes it more difficult for the Commissioners to make a decision. ~/~~ PC Minutes -6- October 27, 1993 """ Mr. Cox replied that if there were any other land use to be considered other than R-l, it would be back before the Commission for their consideration, and for the Council's, with full notice to the residents. At this point, there had been no plans for anything other than the R-l. Commissioner Tuchscber thought that regardless of the cost involved relative to preparing for f1ling, he would be happy if they had some exhibits showing examples of what the site plan or subdivision map might look like that might be fJed at a later date. It would give him a comfort level of how access would be derived, how the site would be laid out, and give the residents a comfort level as well. He was uncomfortable in voting without a total picture of what the future implications might be. Russell Froemming, ISO Moss St., CV 91911, had deferred his time to Mr. Cox. Arthur Erber, 142 Moss St., CV 91911, passed. The following were against the project: Nancy Coughlan, 1094 Alpine Avenue, CV 91911, gave a group presentation representing the following: Raul Castoreno, Claudia Castorena, AI Cabella, Corenne A. Cobella, Jo Marim, Charlotte LeSage, George Alcantera, Robert Gans, Jerry Caughlan. She read the petition '""" previously submitted to the Commission, which consisted of 73 residents against the vacation of Moss. Their concerns consisted of: increased traffic and high rate of speed, stacking of traffic on Alpine going onto Naples, air quality, safety of children going to school, residents' view, closing off Moss Street at Alpine would create a dog leg of 90 degrees which would be dangerous. Mrs. Coughlan said the intersection of Moss/Naples was the safest comer on that section of Naples. The residents suggested the City buy the property and make it into a park or a greenbelt area with the neighbors volunteering to maintain and use it. If that was not a viable option, the residents recommended that the new portion of Alpine Avenue be aligned with the 1100 block of Alpine A venue south of Naples, making a four-way intersection instead of two T's. They also recommended a thorough study of the traffic pattern in the area, and the cost to the City of widening Alpine and installing the necessary stop signs at Alpine and Naples before any approval was given to the closing of Moss Street between Alpine and First. They felt that if the vacation was approved by the City Council, the Country Club Villa Estates would file for a rezoning of the property and the adjacent lot to accommodate condominiums rather than the single-borne sites the applicant said may be built. They did not UDdcrstand wby the Country Club did not have to install curbs, gutters, and sidewalks when they built their new clubbouse. What compensation would the San Diego Country Club and the Country Club Villa Estates plan to pay for the 30,000 sq. ft. piece of prime real estate overlooking the Country Club? Jenene Boyd, 115 Naples St., CV 91911, said they would like the streets to remain as they were; there were no accidents at the MosslNapleslFirst intersection. She did not want to give '""" Cbula Vista property away-"dcdication" meant "free". She did not want to dedicate it to two private individuals for their gain. They knew the existing road conditions. It was not causing ~ J~5'P- . PC Minutes -7- October 27, 1993 the neighborhood trouble. This did not become an issue with the General Plan until Mr. Fererra and Mr. Cox decided they had some agenda for the property. The residents objected; and asked that the Commission consider that the General Plan should be the General Plan of the people and not for some unknown nondescript entity. John Krabacher, 147 Naples St., CV 91911, asked if the existing intersection conformed to the General Plan. Assistant Planning Director Lee said only in the respect that the Circulation Element diagram shows Moss Street coming into Naples. In terms of the alignment, the Safety Commission, the City Traffic Engineer, and staff agree that the acute angle is not a safe intersection. Part of the concern was to leave it in that condition opened the City up for potentialliabUity issues. Mr Krabacher rebutted the Safety Commission's agenda statement which discussed the actual accidents that occurred in the immediate area of the intersection. He discussed the various accidents from 1990 to present, and stated that the angled intersection had nothing to do with the accidents. Speed and irresponsible driving habits were getting worse. Reconfiguration of the street would increase the traffic on Naples and lead to more problems. . Charles W. Mitchell, 161 Naples St., CV 91911, deferred his time to Mr. Krabacher. R. MacNear, 121 Naples St., CV 91911, suggested running the street across from Alpine directly to Moss, leaving Moss Street a two-way street with a traffic light at Moss and First Avenue. He did not understand how the City could not afford the improvements, but could give the land away. He had no objection to building on the lot. The shift in traffic to Naples Street would cause problems. He presently had problems getting out of his driveway onto Naples; the increased traffic flow would exacerbate the problem. He was concerned that the new homes would have access onto Moss Street rather than Naples Street and the present residents would not. Mr. MacNear showed some pictures he had taken indicating where people had driven across the land from Alpine to Moss Street instead of going to the intersection. He said after being used for a certain number of years, it was considered public domain. This should be public access road and there was no way it could be stopped. Tbe only alternative was to hire a lawyer to stop it. Chairman Martin asked Mr. Cox if he wished to respond to any of the issues raised. . Mr. Cox said there were presently no improvements on the south side of Naples and this project would not address that problem. It would put curbs. puers. and sidewalks on the entire frontage of the parcel and would clean up the lack of improvellJl'l'fs on Mosa loing back to Third Avenue. While they were suggesting that Council waive the sidewalks. it was stil1 a sisniflClDt improvement and would provide a more defined road. He did not feel the property owners would stand in the way of the City buyms the property to be used as a park; likewise if the City wanted to buy the property to realisn Alpine with the existing Alpine, it was an option that was available to the City. This proposal, at no cost to the City, cleaned up a number ~/5~ PC Minutes -8- October 27, 1993 .,""" of problems. The City would not currently design the type of intersection that existed at Moss and Naples. He emphasized that the portion that was being requested for vacation was an easement and not an ownership of the City. He noted that an easement reverts back to the adjoining property owners, and the Council normally required compensation if was a fee ownership, or an easement. Mr. Cox hoped the Council would consider the improvements to be a more than fair offer. He agreed there was a problem with the speed of traffic, but the three-way stop sign would require traffic to slow down. With the stop Ctgns, it would provide some normal breaks in the flow of traffic for the residents to pull out in a safer manner. The LOS would still be A. The applicant asked, however, for consideration of allowing staff to consider access to Alpine predicated on a design that would be safe and that would meet design standards. Commissioner Moot asked Mr. Cox if there was an overall development proposal for the whole area of vacant land, including some vacant property belonging to the Country Club and the area proposed for vacation. Mr. Cox was not aware of any. It was under the control of the Country Club. 10hn Krabacher returned to the podium to ask about the sidewalk that Mr. Cox said would be put in for the children, and what would be done when they reached the end of the easement. The safety of the children was firSt. They had to cross at Second Avenue so they could walk down the street to the school. Also, there were no traffic accidents that were related to Moss Street. No one came eastbound on Moss, looked back, pulled out in front of someone and got hit. '""" Charles Mitchell, 161 Naples St., CV, who had previously deferred his time to Mr. Krabacher, approached the podium and asked the City Attorney about the area across the vacated property and onto Moss Street becoming public right-of-way. He said he had lived there 29-112 years and the cars crossing the vacated property had occurred for at least 25 years. The only time it had not occurred was when the grass and weeds got too tall. Assistant City Attorney Rudolf said he understood that Mr. Mitchell was mAking a factual assertion that for 25 uninterrupted years there had been a steady, continual, open, notorious use of that area of the lot directly across from the northern edge of Alpine. Mr. Mitchell concurred and showed pictures of the car path. Mr. Rudolf said he couldn't tell from the pictures. There was a provision in the law for acquisition of an easement by that use, but it would have to be researched with an attorney and established factually that it was there and that all the elements were there, established in court and established title to take it. Chairman Martin reiterated that they were tAtking about the General Plan consistency, and asked if anyone else wanted to bring up something new. . No one else wishing to speak, the public hearing was closed. "'"" ~JY5f . PC Minutes -9- October 27, 1993 Sr. Civil Engineer Ullrich clarified the traffic counts given earlier as follows: at Alpine and Naples in May 1993 - ADT was 6,790 trips with eastbound direction being 3,370 and westbound being 3,320; at Moss and Naples in September 1992 - 10,190 trips with eastbound trips being 5,830 and westbound trips of 4,360; at Alpine and Moss in March 1993 - ADT of 6,050 with eastbound trips of 2,660 and westbound trips of 3,390. Commissioner Tarantino thanked the people for coming to make their feelings known. MS (TarantiDolRay) to adopt the attached resolution reporting to the CouneD that the Co......1ccion bad found that the proposed street vacation is CODSistent with the Cbula Vista General Plan. Commissioner Ray recommended that City staff prepare a different detail of traffic impact. He did not understand the ADT count. Mr. Ray felt it was unfortunate that the Commission could not vote on their instincts and whether they believed it would be a good project in the future, but there was only the option of voting on the General Plan consistency. . Commissioner Moot asked the maker of the motion to consider a substitute motion sending the item to the City Council without a recommendation and suggest that the City Council also consider the vacation issue in conjunction with an actual plan to develop the property, and if the fees were a concern with the applicant that the City consider some lesser fee compensation in exchange for considering the issue of vacationing along with an actual plan to develop the property at the same time. He felt it would be much easier to deal with the issue of a vacation in conjunction with an actual proposal for development of the property. Commissioner Tarantino asked for Counsel's opinion on the possible substitute motion. Mr. Rudolf replied that the Statute requests the Planning Commission's recommendation in regard to the General Plan consistency. As he understood the motion, the Commission would not specifically address the General Plan consistency in the motion. The Commission would be silent with regard as to whether it was consistent or inconsistent to the General Plan. It would be preferable to at least in some way indicate whether, all those other things aside, the pIRnning Commission concluded it was either consistent or inconsistent with the General Plan to meet the requirements of the Statute. Commissioner Ray was concerned that if they passed forward a recommendation, they would like to give themselves an option to have the item brought before them all at once. By vacating this lot, it could become a bigger vacant lot with people using a right-of-way to an existing Moss Street that was vacated if nothing was ever built. He asked if there was anything they could do to substitute an actual vote with a recommendation. . Mr. Rudolf said be bad no objection to other things being placed in a substitute motion, but requested that the Planning Commission address along with them the consistency versus inconsistency. y4)~5~ PC Minutes -10- October 27, 1993 """'\ Chairman Martin questioned the easement by prescription and if the City of Chula Vista had the authority to vacate this particular street. Mr. Rudolf said they did have the authority to vacate. If it could be established that there was already a prescriptive easement to square off the intersection with Alpine Street, if it were determined that there were facts present that could establish that and Council gave direction to file a suit in declaratory relief and attempt to prove in court that the public had acquired that easement through the property squaring off the Alpine intersection by prescription, then the public (the City) would already own that and there would be no condemnation action necessary to accomplish that goal. Staff would look at that before it went to Council. Principal Planner Griffm added that the Commission's actions are reported to Council in the staff report, and staff could convey to them the fact that the Planning Commission found consistency with the General Plan but also recommended that they not consider the vacation until a package is presented including a development plan. Commissioner Moot said that would be acceptable if the maker of the motion would consider an amendment that the Planning Commission pass on a recommendation that it is consistent with the General Plan; however, the Planning Commission did not feel that the vacation issue should be decided separately from a plan to develop the property in total, and that the City Council defer ruling on the vacation issue until the Planning Commission is presented with a development plan for the whole parcel of land. and that if the fees associated with that are deemed to be """" excessive, that the P1anning Department can consider some adjustment to that if they deem it appropriate. The maker of the motion concurred. Commissioner Tucbscher stated he was uncomfortable with the situation and would have voted against the original motion. He did not feel there was inadequate information that it met with the General Plan and that the Planning Commission was making the right decision in the broad view. He thought that the proposal as it evolved satisfied his concerns that they would be able to make a good land use decision later and, at the same time, it kept the project moving forward for the applicant. Commissioner Moot proposed the following substitute motion: That the pllInning Commission find that the proposed vacation would be consistent with the existing General Plan; however, the pllInnil1g Commission recommended that the issue of the vacation be considered in conjunction with the proposed development of the property and not separate from it; that if the fees to consider the vacation and the proposed development are deemed excessive by the PllInning Department, that some consideration be given to the applicant to potentially reduce those fees so that the two issues could be beard at the same time. "'" ~ /5'~~ . PC Minutes -11- October 27. 1993 Commissioner Tuchscher agreed with the proposed motion in total with exception of the fee. He believed this project should not be given special treatment. Commissioner Moot proposed leaving it to the staff's discretion to decide the fee issue. He felt the applicant was being asked to bring both forward at the same time and he didn't have to; there was aflnancial reason why he didn't, and there was a benefit to the City. HefeIt some consideration should be given to the applicant for that reality. He wanted to befair to all sides. Commissioner Ray said he was struggling with the City deeming the fees as adequate because there were very high fees today and they deem those adequate. Assistant City Attorney Rudolf stated that the current status of the fees and the ability to waive fees--if it was $25,000 or less, the City Manager had authority to waive, and it ifwas $25,000 or more, the City Council had authority. In light of that information, perhaps Mr. Moot would like to amend his proposed motion. Commissioner Moot asked that the portion concerning the fees be deleted, and urged the applicant to make such an application to the City Manager if he felt it appropriate. . Commissioner Ray seconded the motion and asked that the portion of the discussion regarding the Planning Commission's concern over the fees be highlighted. lffiST A TEMENT OF SUBSTITUTE MOTION That the Planning Commission rmd that the proposed vacation would be consistent with the existing General Plan; however, the Planning Commlc.~ion recommended that the issue of the vacation be considered in conjunction with the proposed development of the property and not separate from it. VOTE: 6-0-1 (Commissioner Fuller-conDict of interest) . ~ /f~~7 &tN.'hi -I- H . Resource Conservation Commission . Page 2 4. Myers submitted three written items for the Ideas for Improving the Environment: (a) the DO curfew rule at Brown Field; (b) City's responsibility in the O'YOiIWV...ded lChools; (c) tbe aesthetics of Pier One Imports on Bonita Road and I-80s. BurrasCano conveyed her concerns on the brush fire c:learancC policy on how it specifically impacts the coastal sage scrub, and the landscaping manual. Doug Reid noted the manual is currently in revision. Guemiro's conce:ms were of cardboard cereal boxes and the like DOt recyclable. Len Moore slated that a company is currently looking into that type of recycling. K%acha advised members to submit all ideas in writing by Ibe Deltt meeting. He also suggested to note any possible fiscal impact to the City. Review of Negative Declaration for IS-94..()l, Vacation of a portion of Moss Street. A~ ~ a brief discussion, it was MSUC (HallIBurrascano) to accept the negative declaration; vote S..(); motion carried. .-/ S. '-- ,/ ( STAFF REPORT: Doug Reid noted a major changes in CEQA guidelines will occur in February or March. The local procedures will then change. Information to follow after that time. Commission's Banquet Dinner is scheduled for Tuesday, November 30th. cHAIRMAN'S COMMENTS: Kracha asked if the commission wanted to schedule a tour of the APTEC facility. It is taltatively scheduled for January 15 around 10 a.m. K%acha asked if comrni.cioners also wanted to see bow the American Car Wash located on Broadway recycles its water. Members will decide on this at the next meeting. COMMISSIONER'S COMMENTS: Myers DOted there was a duplicate of mailings in the recent plCbt after the Jut meetinI was canceled. Members were advised to ave the bandouts in the future until the Deltt meeting to avoid having to recopy everything and incur the apeme of Clttra postIIe. Also, she wanted staff' to be reminded to mail pl't'kets to be nceived on Thursday rather dlan Friday. ADJOURNMENT: 1be merti"l was adjoumed by Chairman XrIdIa at 8:08 p.m. . Japectfully submitted, Barbara Taylor "- L~ ,t6adL,fJA/ -/ r-r /55; ~ta.p-~ cl ()lU1).A-~ . 6191004600 SAN DIEGO COUNTRY CLUB INC R8 L ST ,HULA VISTA CA 91911 6190611299 o 6190710100 GRADILLAS TRUST 09-24-93 206 MOSS ST CHULA VISTA CA 91911 6190611366 RULON JANICE K 165 TWIN OAKS CIR CHULA VISTA CA 91910 6191001400 CLUB INC CHULA VISTA CA 6190720200 WOLF DANNY L&KAREN L 1031 2ND AVE CHULA VISTA CA 91911 6191002200 CLUB INC CHULA VISTA CA 6190721000 ELSON EDWARD&FLORENCE 162 W MOSS ST CHULA VISTA CA 91911 . C><hA bit L 6191000800 CLUB INC CHULA VISTA CA 6190610800 DATE KIMIYE TR NSJT'UMEKUBO SHIRLEY A TR 257 W MOSS ST CHULA VISTA CA 91911 6190710200 TIMONEY TnSUKO 202 MOSS ST CHULA VISTA CA 91911 6190721500 SANCHEZ JAMES R&HELEN M 186 W MOSS ST CHULA VISTA CA 91911 6190710300 ZELECHOSKI STANLEY&DOLORES 1990 TRU 1030 2ND AVE CHULA VISTA CA 91911 6190721200 GRIFFIN CHARLES E III&NANCY J 172 W MOSS ST CHULA VISTA CA 91911 6190710400 GRIMES THOMAS L&MARY A 1036 2ND AVE CHULA VISTA CA 91911 6190720400 WEB!R ALBAN&BRIDGET 1110 HAWAII CIR SEATTLE WA 98199 ~~/~ f 6191000700 6190720100 PAUU 'ENU JR&ALAISEA 1025 2ND AVE CHULA VISTA CA 91911 6190721400 JAYNES WALTER D MWJT'HOVEY DIANA M 182 W MOSS ST CHULA VISTA CA 91911 6190721300 ERECE TONY N&CATALINA M 176 W MOSS ST CHULA VISTA CA 91911 6190721100 JACOBUS ALLEN L 166 MOSS ST CHULA VISTA CA 91911 6190720300 OOVIAK GEORGE G&LINDA 2512 ARLINGTON AVE ASHTABULA OH 44004 6190720500 MOVSESIAN ANDREW A 1053 2ND AVE CHULA VISTA CA 91911 C!P 6190900100 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BERNARDY ALPHONSE H 2527 AVENUE G COUNCIL BLUFFS IA 515Dl CASTRO MARY L 1131 ALPINE AVE CHULA VISTA CA 91911 LACEY OLEN C lD64 JACQUELINE WAY CHULA VISTA CA 91911 619D811100 6191422200 6190605800 6191410400 6190811900 6191422100 6190811000 6191410100 MITCHELL CHARLES W&PATRICIA A 161 W NAPLES ST CHULA VISTA CA 91911 . 6191410600 ALCANTARA CAMILO G&ERLINOA A 137 W NAPLES ST CHULA VISTA CA 91911 6191410500 DElGADO ELlA 153 KEARNEY ST CHULA VISTA CA 91910 619D812200 CAUTHON CHARLES E JR&ROSE M lD88 2ND AVE CHULA VISTA CA 91911 6190902200 RUIZ ElVA A 1096 KAREN WAY CHULA VISTA CA 91911 619141030D REYES RICARDO C&ARCELIA 151 W NAPLES ST CHULA VISTA CA 91911 619141D200 MERCADO JOHN J&TRACY L 157 W NAPLES ST CHULA VISTA CA 91911 61914126DO PAHOWIAK ALBIN F&MERCEDES E 1112 ALPINE AVE CHULA VISTA CA 91911 619D810700 HARRIS LOREN R&N RUTH 3244 ORCHARD HILL RD BONITA CA 91902 " 6191422700 ROBERTS GLEN K&ETHEL M 1116 1ST AVE CHULA VISTA CA 91911 619151D500 WOOD GERALD S&MARGARITA P HWJT'WOOD DANIEL G&LYNDA M 1123 1ST AVE CHULA VISTA CA 91911 6191422800 ROBERTS GLEN K&ETHEL M 1116 1ST AVE CHULA VISTA CA 91911 619151160D MCLAIN JAMES A REVOCA8LE 1993 FAMIL 1128 DIXOH DR CHULA VISTA CA 91911 619D820700 COCHRAN CORA S 1097 2ND AVE CHULA VISTA CA 91911 6191510600 GUARIN DEMETRIO U&EILEEN P V TRS 3212 BONITA WOODS DR BONITA CA 91902 619081D800 BEASLEY NEWTON J&DORIS M 1074 JACQUELINE WAY CHULA VISTA CA 91911 6191511700 GARCIA JUAN S&AURORA 1134 DIXON DR CHULA VISTA CA 91911 ~ J~tS 6190S12S00 6191420900 6190S121r""'" ; RODRIGUEZ RAMON E&RITA 0 METIVIER SYLVIO R&MARIA M MOL LEY JOHN S&LEONORA C 10S8 JACQUELINE WAY 1122 1ST AVE 1092 2ND AVE CHULA VISTA CA 91911 CHULA VISTA CA 91911 CHULA VISTA CA 91911 6190S10900 6191423000 6190812000 TAYLOR JEAN S EDELEN ALGERNON W&CLARA P TRS FLESCH WILLIAM S&FLORENTINA E 1070 JACQUELINE WAY 1113 ALPINE AVE 1097 JACQUELINE WAY CHULA VISTA CA 91911 CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191322600 6191422900 6191510700 BUFFINGTON SELMA A TR EOELEN ALGERNON W&CLARA P TRS ELLISON DENNIS M&JOOI A 169 W NAPLES ST 1133 ALPINE AVE 1133 1ST AVE CHULA VISTA CA 91911 CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191412500 6191421000 6191410700 ALMARAZ FAUSTINO&RUTH METIVIER SYLVIO R&MARIA M ANDERSON JAMES O&AOOIE L TRUST 11-2 1118 ALPINE AVE 1122 1ST AVE 1109 ELM AVE CHULA VISTA CA 91911 CHULA VISTA CA 91911 CHULA VISTA CA 91911 6190603700 6191511800 6191322500 TAYLOR IRA W&ROSINA M TRS GARCIA JUAN JR&RHONOA L TANAKA STEVEN S '"""\ C/O PAUL MILLER CO 1138 OIKON DR 173 NAPLES ST 272 CHURCH AVE #4 CHULA VISTA CA 91910 CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191520900 6190812900 6191322400 PROIA RICHARD HORNER KEITH 0 TANAKA JESSE F 1143 OIKON DR 1098 JACQUELI NE WAY 177 NAPLES ST CHULA VISTA CA 91911 CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191412400 6191320200 6190810300 HUTH NORMAN L&ARLENE F SAUCEDO CARMEN KELLAR R08ERT F&ROBERTA G 1120 ALPINE AVE 183 W NAPLES ST 217 W NAPLES ST CHULA VISTA CA 91911 CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191421100 6191510800 6190S10400 ALVAREZ SALVADOR N&CONCEPCION R MURRIETA ELVA JONES GORDON E&GEORGIA N 1134 1ST AVE 1139 1ST AVE 211 W NAPLES ST CHULA VISTA CA 91911 CHULA VISTA CA 91911 CMULA VISTA CA 91911 "'" , ~ /~f,.? ,,;(4 . DITTO ROBERT II 1117 ELM AVE CHULA VISTA CA 91911 CASTORENA FAMILY TRUST 1101 2ND AVE CNULA VISTA CA 91911 6191410800 6191320100 61913223DO RASMUSSEN NARVEY A&DOROTHY D TRS 1112 ELM AVE CHULA VISTA CA 91911 FERGUSON ANN L EST OF C/O NANCY TRAVERS 1126 ALPINE AVE CHULA VISTA CA 91911 V_BANUELOS 1123 ELM AVE CHULA VISTA CA 91911 6191412300 EULALIO&VEYNA MARIA 6191410900 DIA2 FRANCISCO&ESPERANZA 1111 2ND AVE S CNULA VISTA CA 91911 619132030D 6191412200 PEREYRA HELIODORO R&VIRGINIA H 1128 ALPINE AVE CHULA VISTA CA 91911 SAMPLES MARILYN A 181 CORTE MARIA AVE CHULA VISTA CA 9191D . 619142130D 6191421900 GARNETT MARY H 1992 TRUST 1137 ALPINE AVE CHULA VISTA CA 91911 6190604100 MUSARACA FRANK A 4112 GOLF VIEII CIR URBANDALE IA 50322 6191521000 MCCALL DOROTHY E TR 1147 DIXON DR CHULA VISTA CA 91911 61914212DO BREIIER DEVEREAUX II 1138 1ST AVE CHULA VISTA CA 91911 6191421800 SANTANA VICTOR M&PATRICIA 1139 ALPINE AVE CHULA VISTA CA 91911 6191312600 ALVAREZ JOSE L&CORINTA I 203 NAPLES ST CHULA VISTA CA 91911 619151200D ANOERSON RAY T&OIMPLE D 1148 DIXON DR CHULA VISTA CA 91911 6191411000 SULLIVAN EARL V JR NSNS16.1X.SULLIVAN EARL V&MARGARET 15155 SEGOVIA CT SAN DIEGO CA 92129 ~t? 619D810200 ESPINOZA FELIX P&LETICIA L 223 II NAPLES ST CHULA VISTA CA 91911 61915119DD CELICEO 1990 TRUST 01-15-90 1545 SONORA DR '232 CHULA VISTA CA 91911 619081010D GUTIERREZ JOHN B&ANGELITA 227 II NAPLES ST CHULA VISTA CA 91911 6190603800 FRANZEL ELMER M TR 1093 DEL MAR AVE CHULA VISTA CA 91911 6191510900 ROBERTSON EUGENE M&MOLLIE 1143 1ST AVE CHULA VISTA CA 91911 6191322200 HALL DONNA NSNS1/4'HALL DAVID L 2096 NORTHSHORE DR 'F CHULA VISTA CA 91913 6190604000 IECK CHARLES L&MARGARET C 258 II NAPLES ST CHULA VISTA CA 91911 6190602100 CASTORENA FAMILY TRUST 1101 2ND AVE CHULA VISTA CA 91911 .::?<Z 6191421700 GUERRERO GILOAROO&ROSARIO 1141 ALPINE AVE CHULA VISTA CA 91911 6190602000 WALTOH LUCILLE <AKA WALTON MINNIE 280 NAPLES ST CHULA VISTA CA 91911 6191322100 NEELEY LLOYO L&MARY L 1120 ELM AVE CHULA VISTA CA 91911 6191310100 GAPS REVOCABLE TRUST 12-30-93 POBOX 814 BONITA CA 91908 6190605900 LEE ELIZABETH C 745 3RD AVE CHULA VISTA CA 91910 6191423400 DEGOOOY JOAD C&REBECA B 1581 SKYLARK WAY CHULA VISTA CA 91911 6191422400 HUGHES THOMAS&MARIA 112 EMERSON ST CHULA VISTA CA 91911 6192011700 SMITH DAVID R&KATHRYN A MWJT'JOHNSTONE FRANKIE L 474 NAPLES ST CHULA VISTA CA 91911 6190601600 WAPNER SIDNEY&FRIDA 58 VIA DE LAURENCIO CHULA VISTA CA 91910 6191312500 FAST LIVING TRUST 07-10-90 485 E ST CHULA VISTA CA 91910 6191511000 KEATING JOHN L&MAE S UWJT'KEATING GAIL P 1149 1ST AVE CHULA VISTA CA 91911 6191320400 OAY LORENA E TR 1115 2HD AVE CHULA VISTA CA 91911 6191411100 SULLIVAN EARL V&MARGARET V FAMILY T 15155 SEGOVIA CT SAN DIEGO CA 92129 619131240D SUTTON GLENN UWJT'OAY LORENA E 1116 2HD AVE CHULA VISTA CA 91911 6191320500 VILLANUEVA BENITO NSJT'PENA RITA M 1119 2ND AVE CHULA VISTA CA 91911 6191423200 SANCHEZ ROMULO S&EVA 128 EMERSON ST CHULA VISTA CA 91911 ~5/by' 61906039"",,",\ MARQUEZ JONN S&CAROLE G TRS POBOX 3103 CHULA VISTA CA 91909 RAITT LEE E&MARIE E C/O GUS PAPPAS ESQ 203 CHURCH AVE CHULA VISTA CA 91910 PIANTEDOSI JOSEPH 1132 ALPINE AVE CHULA VISTA CA 91911 DEGODOY JOAD C&REBECA B 1581 SKYLARK WAY CHULA VISTA CA 91911 GLEDHill JOHN G 414 WINDROSE WAY CHULA VISTA CA 91910 CAMPBELL MARIANA 1122 ELM AVE CHULA VISTA CA 91911 GARCIA VICTOR M 1129 ELM AVE CHULA VISTA CA 91911 KINSEY ROBERT M&SHARON 42629 M 56TH ST W LANCASTER CA 93536 6192012000 6191412100 6191423500 6192011BOO "'"" 6191322000 6191411200 6191412000 ~ ;?C/ . 6190602900 KOBACKER CO THE POBOX 16751 COLUMBUS OH 43216 6191312300 ARDAGNA NED A&JANET K 1120 2ND AVE CHULA VISTA CA 91911 6191320600 RUBINOWSKI JOHN L&LORENA G 1123 2ND AVE CHULA VISTA CA 91911 6191321900 BUSSE DAVID A UWNS50X#MARTINEZ KATHERINE A 1128 ELM AVE CHULA VISTA CA 91911 . PIERCE ANDREW J 1520 LAW ST SAN DIEGO CA 92109 61913122DO 619132070D WHITE NORMAN M&ALICE A 1127 2ND AVE CHULA VISTA CA 91911 6191312100 VALDEZ JORGE T&CONSUELO 751 BRIGHTWOOD AVE CHULA VISTA CA 9191D 619141170D BECERRA PABLO G&SILVIA A 140 EMERSON ST CHULA VISTA CA 91911 . \ 6191222800 6191423100 MEEK VIRGINIA M GIL GILBERT M JR&SILVIA M 235 NAPLES ST 1145 ALPINE AVE CHULA VISTA CA 91911 CHULA VISTA CA 91911 61912227DO 61906D3000 MEEK VIRGINIA M KOBACKER CO THE 235 NAPLES ST POBOX 16751 CHULA VISTA CA 91911 COLUMBUS OH 43216 6192011600 6191411300 COOP DAVID J HORN DENNIS R&ELSA 1155 1ST AVE 1135 ELM AVE CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191222500 6191220100 OROZCO SERGIO A&BERTHA G PAGE ELIZABETH 245 W NAPLES ST 1101 OEL MAR AVE CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191922300 6191411900 AKINA WILLIAM K C&MARIAN P CARRANZA CONCEPCION 103 EMERSON ST 1144 ALPINE AVE CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191411500 6191411800 MAGUIRE ROBERT W JR&MARLYN BAUMGARTNER MELBA R 152 EMERSON ST 146 EMERSON ST CHULA VISTA CA 91911 CHULA VISTA CA 91911 6191321800 6191922200 JAUREGUI JESUS PEREZ JESUS&PATRICIA SMNS1/3#JAUREGUI ERNESTO*MMS01/3'OL 1541 PETERLYNN DR 1154 1ST AVE SAN DIEGO CA 92154 CHULA VISTA CA 91911 6191411400 6191320800 HORN DENNIS R&ELSA DAY LORENA E TR 535 BERLAND WAY 1131 2ND AVE CHULA VISTA CA 9191D CHULA VISTA CA 91911 ~~/ ~LL BOWMAN DOUGLAS M&ANGELA B TRS 1151 ALPINE AVE CHULA VISTA CA 91911 JONES THERESA L 1138 elM AVE CHULA VISTA CA 91911 MARES WALTER J&GERDA 1155 ALPINE AVE CHULA VISTA CA 91911 RIVAS CESAR A&PAQUITA E 470 WEISSER WAY CHULA VISTA CA 91911 6191920100 6191321700 6191920200 6191411600 6191321600 POWELL HERBERT W JR&lONETA K 1142 ELM AVE CHULA VISTA CA 91911 NEITZKE RONNIE L&KIM R 141 EMERSON ST CHUlA VISTA CA 91911 HUBlI T TOM L 147 EMERSON ST CHUlA VISTA CA 91911 HOLDER SHEILA 1134 2ND AVE CHUlA VISTA CA 91911 619191Z200 6191912100 6191311800 6191212500 WILLIAMS REBECCA 764 DENNIS AVE CHUlA VISTA CA 91910 619192Z100 ROORIGUES ANTONIO F&RITA P 1156 1ST AVE CHUlA VISTA CA 91911 6191212900 KAKAYI AMIN A&KHALOIE A 287 NAPLES ST CHULA VISTA CA 91911 6191912300 GODWIN FRANK J SR&VIRGINIA 5430 SW 69TH ST AUBURN KS 66402 6191922000 COOK AARON E&MARGARET E 1160 1ST AVE CHUlA VISTA CA 91911 6191920300 MONTANO ARNOLOO A&GLORIA G POBOX 121617 CHUlA VISTA CA 91912 6191213100 MARTlN ROBERT L NSTClt2#ARGOUD GEORGES TRUST 06-13- 1109 3RD AVE CHULA VISTA CA 91911 6191321500 "ARGIS RITA L LIVING TRUST 10-06-92 1146 elM AVE CHULA VISTA CA 91911 ~ 6' 70 STORTON ALBURTIS N TR 1128 2ND AVE C"ULA VISTA CA 91911 61913120 ~ 6191320900 FELIX GEORGE W JR&VIRGINIA E 1137 2ND AVE C"ULA VISTA CA 91911 VAlEN RICHARO M&MARY 1106 DEL MAR AVE CHULA VISTA CA 91911 HOLMERUD JON W&ROBERTA B 3354 BONITA WOODS DR BONITA CA 91902 V J&ASSOCIATES INC 1037 BROADWAY #F CHULA VISTA CA 91911 OEFLORES ELISA R SWJT#RUELAS RAQUEL F 4397 ZINNIA CT SAN DIEGO CA 92154 MAGDALENO FRANK C&XOCHITL G 180 EMERSON ST CHUlA VISTA CA 91911 LIMON JOSE L&BLANCA SMJT#LIMON ARTURO 153 EMERSON ST CHULA VISTA CA 91911 6191212300 6191311900 61912102~ 6191210100 6191321400 6191910300 """" t9r,t . 6191322700 MAGOALENO FRANK CIXOCHITL G 3040 CAVE NATIONAL CITY CA 91950 6191910200 DELATORRE RAMONA P LIVING TRUST 04- 157 EMERSON ST CHULA VISTA CA 91911 6191912500 CONFORTH DOUGLAS J 1162 ALPINE AVE CHULA VISTA CA 91911 6191910400 MIKKELSON FRANKIE 1161 ELM AVE CHULA VISTA CA 91911 r.' ZAN'KIEIf/ICZ III' ToBIAS [)~. CH/./L.d 0STA, CA '1/~// . 6191920400 NIETO ROBERT SILINDA L 11581 PARK LN GARDEN GROVE CA 92640 6191910100 SCHUE MAKER MILES DICAROL L 163 EMERSON ST CHULA VISTA CA 91911 6191822300 RAMOS RUBEN A'REBECCA L 169 EMERSON ST CHULA VISTA CA 91911 RASE, 114s!L G. /198 ALPIAlt AV6N'/JP t'JltJLA I>1S1A, CA 91911 JAC~ L. S7,4rFQIU> 820 JEFFe.est>N' AvE. CII/./lA 05T.4, ~A ~/9// 6191321000 UPTEGROVE GARY M 792 LORI LN CHULA VISTA CA 91910 6191912400 COMFORTH JOHN A TR NSJT'CONFORTH PHYLLIS M TR "60 ALPINE AVE CHULA VISTA CA 9'91' 6191911900 VANVRANKEN BRYAN KIMARTHA V ',85 MELIX WAY CHULA VISTA CA 91911 MAIl'l S. 81~AlA'U)'I I(,mIL4E1I A. &flN,4RP,/ /(}'15 JA&fJIIELlItIE WAY ClluLA 0S1'A, CA ~/9/1 ytrJS-7! negative declaration PROJECT NAME Vacation of a Portion of Moss Street PROJECT LOCATION Moss Street between Naples Street and Alpine Avenue ASSESSOR'S PARCEL NO' Not applicable as streets fall under the non-assessed tax roll PROJECT APPLICANT San Diego Country Club and Country Club Villa Estates CASE NO' IS-94-01 DATE: September 27, 1993 A. Proiect Sening The project sening consists of a 30,800 square foot seclion of Moss Street immediately east of the westerly smb street of Alpine A venue and immediately north of the intersection of First A venue and Naples Street. Immediately south of the above described section of Moss Street is a vacant 8,322.98 square foot triangular piece of vacant land. Single family homes are located to the west across Alpine A venue and to the south across Naples Street. The San Diego Country Club, a golf course with club house facilities, is located to the immediate north of Moss Street. . To the east of the proposed project is neighborhood shopping. B. Proiect Descriotion The project description consists of the vacation or closing of a 30,800 sq. ft. section of Moss Street east of Alpine A venue and west of First A venue. The northern portion of Moss Street will become part of the holdings of the San Diego Country Club and the southern half would be added to the triangularly shaped parcel to the south. Discretionary actions that are required for this include the finding of General Plan Consistency and the action for approval of the closing of Moss Street. The applicant's evenTUal plan is that the San Diego Country Club will quit-claim or transfer title of their portion of Moss Street to the Country Club Villa Estates in consideration of the Country Club Villa Estates installing the missing curbs and gutters on the San Diego Country Club side of the Street - the remaining portion of Moss from Third Avenue to the realigned Moss smb street of Alpine. Access to the property will be allowed along Naples; however, access on Moss Street will be limited to one driveway at a location determined to provide safe ingress and egress as determined by the City Traffic Engineer. The applicant evenTUally plans to apply for a tentative parcel map for 4 units or subdivide the property into 5 units. C. Cornoatibilitv with Zoninl! and Plans The evenTUal plans to apply for a tentative parcel map for 4 units or a subdivision for 5 units will be in compliance with the zoning and General Plan designation for the project site, which is single family residential. ,~"'1(P ~Vt- --.- .........~....~ ~~~~ . city of chula vista plaMlng department Cl1Y OF .?! envlronmenta' review .ection CHULA VISTA \{} \ . . . D Identification of Enviromnental Effects An initial study conducted by the City of Chula Vista determined that the proposed project will not have a significant enviromnental effect, and the preparation of an Enviromnental Impact Report will not be required. A Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Traffic Traffic Engineering has detennined several traffic measures should be implemented relating to the proposed vacation of Moss Street. The applicant must allow for an increase of right-of-way on Naples and Alpine Street adjacent to the southern parcel on Moss Street in accordance with the City of Chula Vista roadway design standards. The applicant is proposing to install curb and gutters within a 3 year period from the transfer of property subsequent to the approval of the street vacation. The project will include stop sign controls at Moss Street and Naples Street and attendant warning devices as deemed necessary by the City Traffic Engineer. A stop sign will be installed on Naples at Moss Street to create a three-way stop controlled intersection. The applicant must provide a 52' roadway which will be.an expansion from the existing 20' roadway These traffic measures enhance traffic safety and provide more efficient flow of traffic within this area adjacent to the project. E. Water Due to recent drought conditions, as a condition of project approval, the applicant must agree to no net increase in water consumption or participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building pennit issuance. F Mitil!ation necessarv to avoid sil!nificant effects As no significant effects are expected mitigation measures are not necessary G Mandatorv Findinl!s of Sil!nificance Based on the following findings, it is detennined that the project described above will not have a significant enviromnental impact and no enviromnental impact report needs to be prepared. 1. The project bas the potential to substantially degrade the quality of the enviromnent, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to P1imlnAt.. a plant or AnimAl community, reduce the number or restrict the range of a rare or endangered plant or AnimAl, or P1lmlnAte important examples of the maJor periods of California history or prehistory. The proposed project. the vacation of Moss ~treet does not have the potential to degrade or reduce any existing habitat as the project consists of the closing of a street and has therefore been denuded of any habitat long ago. -2- /3/;7 IH/ (p " 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. -. This project is consistent with the general plan and does not have the potential to achieve short term environmental goals to the disadvantage of long term environmental goals with guidelines. 3. The project has possible effects which are individually limited but cwnuIatively considerable. As used in the subsection, "cwnulatively considerable" means that the incremental effects of an individual project are considerahle when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. This project does not have the potential to have effects which are individually limited but cumulatively considerable. The main concern raised by residents was in regard to traffic flow The traffic engineers who reviewed the project have determined that the inclusion of: stop signs on Naples at Moss Street to create a three-way stop controlled intersection, and provision of a 52' roadway which will be an expansion from the existing 20'roadway will enhance traffic safety and provide a more efficient flow of traffic within this area. Staff are confident that, based on this determination, the project does not have cumulatively considerable impacts. 4. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. -... The proposed project will not cause a substantial adverse effect on human beings either directly or indirectly as it must meet all Code requirements and requirements of various City departments. H. Consultation 1 Individuals and Or2anizations City of Chula Vista: Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Frank Herrera-A, Planning Martin Miller, Planning Steve Griffin, Planning Ken Larsen, Director of Building and Housing Alex Saucedo, Building Departtnent Carol Gove, Fire Marshal Rod Hastie, Fire Departtnent Captain Keith Hawkins, Police Departtnent Mary Jane Diosdado, Police Departtnent Martin Schmidt, Parks and Recreation Departtnent ......., -3-!y ?~ . . . Barbara Reid, Planning Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: San Diego Country Club and Country Club Villa Estates 2. Documents Chula Vista General Plan Safety Commission Report, 9/9/93 Speed Limit - Engineering/Traffic Survey. Naples Street (Third Avenue-First Avenue) Naples Street (First Avenue-Hilltop Drive) Memorandum from Hans Giroux to Barbara Reid, 10/22/93 3 Initial Studv This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for the Negative Declaration. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. \MOSS.ND -4- ;5 7; iJ; -" , Case No. 94-01 APPENDIX I -. ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) Background 1. Name of Proponent: San Diel!o CountrY Club & CountrY Club 2. Address and Phone Number of Proponent: 250 Bonita Glen Drive Estates Chula Vista. CA 91910 3. Date of Checklist: SeDtember 27. 1993 4. Name of Proposal: Vacation of a Domon of Moss Street 5. Initial Study Number: 94-01 Environmental Impacts 1. Earth. Will the proposal result in: YES MAYBE NO a. Unstable earth conditions or changes in geologic substructures? 0 0 . b. Disruptions, displacements, compaction or ~ overcovering of the soil? 0 0 . c. Change in topography or ground surface relief features? 0 0 . d. The destruction, covering or modification of any unique geologic or physical features? 0 0 . e. Any increase in wind or water erosion of soils, either on or off the site? 0 0 . f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 0 0 . g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 0 0 . ""'" / y g'O Page 1 \CHECKLST.MOS Comments: . As the site currently is developed as a road and the proposal is to vacate the road, there are no changes in conditions expected that could lead to an increase in wind or water erosion. 2. Air. Will the proposal result in: m MAYBE NQ a. Substantial air emissions or deterioration of ambient air quality? 0 0 . b. The creation of objectionable odors? 0 0 . c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 0 0 . Comments: The project is in conformance with the existing Air Basin Plan. 3. Water. Will the Proposal result in: m MAYBE NO 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 . d. Change in the amount of surface water in any water body? 0 0 . e. Discharge into surface waters, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? 0 0 . f. Alteration of the direction or rate of flow of ground waters? 0 0 . g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? 0 0 . . h. Substantial reduction in the amount of water otherwise available for public water supplies? 0 D . \CHECKLST .MOS J~8/ Page 2 ( ~<b i. Exposure of people or property to water related hazards such as flooding or tidal waves? . ........, o o Comments: This project is not in the Coastal Zone and there are no rivers or wetlands or other sensitive aquatic resources within the immediate area that could be impacted by the project. The Threshold/Standards Policy does not apply to this project. 4. Plant Life. Will the proposal result in: YES MAYBE NO a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? o . o b. Reduction of the numbers of any unique, rare or endangered species of plants? . o o c. Introduction of new species of plants into into an area, or in a barrier to the normal replenishment of existing species? o o . d. Reduction in acreage of any agricultural crop? . -... o o Comments: The project is in an urbanized area of the City and the site is developed as a road. The project will not result in any changes in diversity of plant or animal species. 5. Animal Life. Will the proposal result in: ~ MAYBE NO a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? o o . b. Reduction of the numbers of any unique, rare or endangered species of animals? o o . c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animal_? o . o d. Deterioration to existing fISh or wildlife habitat? o . o '"'" ICHECKLST.MOS ) Y f);J... Page 3 . . . Comments: The project is in an urbanized area of the City and the site is developed as a road. The project will not result in any changes in diversity of plant or .n;m.l species. 6. Noise. Will the proposal result in: m MAYBE lill a. Increases in existing noise levels? o o . b. Exposure of people to severe noise levels? o o . Comments: It is expected that the traffic that currently travels on Moss Street will begin to use Naples. As a result of this change, the homes on the westerly stub street of Alpine Avenue would experience less traffic and noise. The homes along the south side of Naples may experience additional noise from additional travelers along that route. However, discussion with our acoustician has determined that the additional traffic will not bring the noise to a level of significance. 7. Light and Glare. Will the proposal produce new light or glare? m MAYBE NO o 0 . Comments: There may be additional light along Naples Avenue as a result of the vacation of Moss Street but is not expected to be above the level of significance. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? m MAYBE lill o o . Comments: The vacation of Moss Street will improve traffic circulation and the land use will coincide with the surrounding residential1and designation in the general plan. 9. Natural Resources. Will the proposal result in: m MAYBE lill a. Increase in the rate of use of any natural resources? o o . Comments: No natural resources are expected to be impacted. The proposal, therefore, is not expected to increase the rate of the use of natural resources. 10. Risk of Upset. Will the proposal involve: m MAYBE lill a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? o o . /~rJ Paso 4 .. / ')I} ! \CHECKLST .MOS b. Possible interference with an emergency response plan or an emergency evacuation plan? o o . ,-., Comments: No hazardous materials or substances will be stored on site. Therefore, there cannot be a risk of an explosion or release of hazardous substances in the event of an accident or upset conditions. 11. Population. Will the proposal alter the location distribution, density, or growth rate of the human population or an area? YES MAYBE NO o o . Comments: The proposed project involves the vacation of Moss Street and will not involve the construction of more residential units. The population will not increase. A tentative parcel map or subdivision map for the division of the project site into no more than 5 parcels may be submitted in the future. This future proposal for the use of the site will increase population, but the impact of five families would be below the level of significance. 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? YES MAYBE NO o o . Comments: -., The proposed project will not involve the construction of any new housing and will not create a demand for more housing in the project area. A future project may involve the building of a small number of homes but this would not place a significant demand on current services and natural resources in the project area. 13. Transportation/Circulation. Will the proposal result in: YES MAYBE NO a. Generation of substantial additional vehicular movement? 0 0 . b. Effects on existing parking facilities, or demand for new parking? 0 0 . c. Substantial impact upon existing transportation systems? 0 0 . d. Alterations to present patterns of circulation or movement of people and/or goods? 0 0 . e. Alterations to waterborne, rail or air traffic? 0 0 . ....., f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 0 0 . \CHECKLST.MOS J5~rY Page 5 . g. A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips). o o . Comments: The proposed project will shift traffic from Moss Street to Naples Street. However, impacts to traffic and circulation are not significant. The proposed project street improvements will improve circulation and safety at the intersection of Moss Street and Naples Street. 14. Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: m MAYBE ~ a. Fire protection? 0 0 . b. Police protection? 0 0 . c. Schools? 0 0 . d. Parks or other recreational facilities? 0 0 . e. Libraries? 0 0 . . f. Maintenance of public facilities, including roads? 0 0 . g. Other governmental services? 0 0 . Comments: . Traffic Engineering staff recommends that the roadway be expanded to 52 feet, that access to the property be allowed along Naples but limited on Moss Street to one driveway at a location determined to provide safe ingress and egress as determined by the City Traffic Engineer. The project will include stop sign controls at Moss and Naples and attendant warning devices as deemed necessary by the City Traffic Engineer. A stop sign will be installed on Naples at Moss Street, to create a three-way stop controlled intersection. These traffic measures enhance traffic safety and provide more efficient flow of traffic within this area adjacent to the project. The street improvements would require an increase in City right-of-way in accordance with City of Chula Vista street design standards, by the property owner of the proposed project. These street improvements will address the traffic concerns of residents and improve traffic circulation in the project area. The proposed project is a street vacation and will not create any impact on public services. The Fire Department and Police Department have not noted any Fire or Police protection in relation to this project. The project site may be developed in the future as single-family housing. This possible development will be no more than 5 parcels and the population increase will not place a significant impact on public services in the project area. /~/r~ Pas" 6 17lt" \CHECKLST .MOS 15. Energy. Will the proposal result in: YES MAYBE NO a. Use of substantial amount of fuel or energy? - o o . b. Substantial increase in demand upon existing sources or energy. or require the development of new sources of energy? o o . Comments: The proposed project will not involve any energy use and will not create any energy demands. 16. Thresholds. Will the proposal adversely impact the City's Threshold Standards? YES MAYBE NO o 0 . Comments : As described below, the proposed project does not adversely impact any of the seven Threshold Standards. A. FirelEMS The Threshold Standards requires that fire and medical units must be able to respond to cal1s within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. The City of Chula Vista has indicated that this threshold standard "'"" wil1 be met, since the nearest fire station is 1-114 miles away and would be associated with a 3 minute response time. The proposed project wil1 comply with this Threshold Standard. Fire Department access is not compromised and use of existing fire hydrant is not compromised. B. Police The Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units mnst respond to 62.10 % of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. C. Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better. with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at sigroa 1i7ed intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. ......... Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. ICHECKLST.MOS )->~~? Page 7 . The proposed project intersection is currently at level of service. A. and will remain at . A. after the project is completed. D. Parks/Recreation The Threshold Standard for Parks and Recreation is 3 acres/I ,000 population. The proposed project will comply with this Threshold Standard. E. Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master PJan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The proposed project will not significantly impact storm water flows and is consistent with the Drainage Master Plan. F. Sewer . The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The proposed Moss Street vacation will not have a significant impact on sewage volumes and is consistent with Sewer Master Plan. G. Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of ChuJa Vista has in effect at the time of building permit issuance. The proposed project will not jeopardize water quality standards because future construction will not be significant. 17. Human Health. Will the proposal result in: lE MA~E m2 a. Creation of any health hazard or potential health hazard (excluding mental health? 0 0 . . b. Exposure of people to potential health hazards? 0 0 . \CHECKLST .MOS )yY7 Page 8 / ,,,~ i'" Comments: The proposed project will not create any significant health hazard. The traffic shift will not create any health hazards due to its close proximity to the Moss Street vacation. --" The additional few homes that may be developed on the site in the future will be aesthetically more pleasing than the public street that currently exists on site. 18. Aesthetics. Will the proposal result in: m MAYBE NO a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? o o . b. The destruction, or modification of a scenic route? o o . Comments : The Moss Street vacation will not allow for the possible development of no more than five units in the site. 19. Recreation. Will the proposal result in an m MAYBE NO impact upon the quality or quantity of existing recreational opportunities? 0 0 . Comments: -. The proposed project will not significantly impact recreational opportunities. Parks and Recreation did not note any concerns. 20. Cultural Resources. YES MAYBE NO a. Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? 0 0 . b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? 0 0 . c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? 0 0 . d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 0 0 . e. Is the area identified on the City's ~ General Plan EIR as an area of high potential for archeological resources? 0 0 . ICHECKLST.MOS /p-g--~ Page 9 . Comments: The proposed project is in an urb~ area of the City and will not impact any cultural resources. Paleontological Resources. Will the proposal result in the alteration of or the destrUction of paleontological resources? 21. m MAYBE ~ o o . Comments: The proposed project site is in an urb~ area and will not result in the determination of paleontological resources. 22. Mandatory Findings of Significance. ~ MAYBE NO 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? o o . Comments: The proposed project, the vacation of Moss Street does not have the potential to degrade or reduce any existing habitat as the project consists of the closing of a street and has, therefore, been denuded of any habitat long ago. Comments: . b. Does the project have the potential to achieve short-term goals to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure well into the future.) o o . The City Traffic Engineer has found that the requested vacation, along with the recommended conditions of approval, would meet the General Plan Circulation Element street standards, and would enhance traffic safety by eliminating the acute angle at which Moss Street now intersects with Naples Street. The Circulation Element diagram shows Moss Street intersecting with Naples Street near First Avenue and/or Alpine Avenue and thus the proposed configuration would be consistent with the General Plan. The project complies with long-term environmental and land use goals of the City. c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact two or /y%9 Page 10 ,rlh' , ' \CHECKLST .MOS more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) ~, o o . Comments: This project does not have the potential to be individually limited but cumulatively considerable. The main concern raised by residents was in regard to traffic flow. The traffic engineers who reviewed the project have determined that the inclusion of: stop signs on Naples at Moss Street to create a three-way stop controlled intersection and provision of a 52' roadway which will be an expansion from the existing 20' roadway will enhance traffic safety and provide a more efficient flow of traffic within this area. The street improvements will improve circulation and safety at the intersection of Moss Street and Naples Street and will address the traffic concerns of residents. Staff are confident that based on this determination, the project does not have cumulatively considerable impacts. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? o o . Comments: The proposed project will not cause a substantial adverse effect on human beings either directly or indirectly as it must meet all Code requirements and requirements of various City departments. ........ ........ \CHECKLST.MOS !.5/}{/ Page 11 . ,. APPUCATlON CANNOT I.. ACCEPTED UNLESS SITE PLAN IS FOLDED TO FIT INTO AN 8-112 X 11 FOLDER . INITIAL STUDY For Office Use OnlJ Case No. IS- qij. - I . DpSL Amnt. . DO Jteceipt No. Date RcC'd.. . AcceplCdby Projcct No. .FA- DpsLNo,DO-IJ!>/ CIPNo.. . Rela1Cd Case No. City of Chula Vista Application Form BACKGROUND 1. Project Title vacation of a Dortinn of Mn~1=: ~+"'AA 2. Project Location (Street address or description) MossStreet between Naples Street and~Alpine Avenue A. Assessors Book. Page &. Parcel No. Legal -description attached Brief Project Description Vacation of a portion of:;Moss Street between Naples Street and Alp1ne Avenue 3. 4. Name of Applicant San Dieco Cnuntry Clnh ..nil Cnnnt-ry Cl nh Vi 1 "~tates - Address 250 Bonita Glen Drive Fax# --- City t:t}lila 17ista State CA Name of Preparer/Agent Greg Cox Address 3130 Bonita Rd, Suite 200 Cuy Chula Vista Relation to Applicant Consultant Indicate all pennits or approvals and enclosures or documents required by the Environmental Review Coordinator. . s. 6. Phone --- Zip 91910 Fax# 691-9854 State CA Phone 585-7007 Zip 91910-3263 a. Pennits or approvals required. _ General Plan Amendment _ Rezone/Prezone _ Grading Pennit _ Tentative Parcel Map _ Site Plan &. Arch. Review _ Special Use Permit _ Design Review Application _ Tentative Subd. Map _Redevelopment Agency OPA _ Redevelopment Agency DDA _ Public Project Annexation - _ Specific Plan _ Cooditional Use Permit Variance = Coastal Development x Other Permit - Street vacation If project is a General Plan Amendment and/or rezone, please indicate the change in designation from Not Anplic~hl~ to b. Enclosures or documents (IS required by the Environmental Review Coordinator). . _ Grading Plan _ Parcel Map _ Precise Plan _ Specific Plan _ Traffic Impact Report _ Hazardous WISte Assessment Arch. E1evalillllS - , .",t'lC'ope Plans = Tentative Subd. Map Improvement Plans = Soils Report _ Geotecbnical Report Jp-<J/ _ Hydrological Study BioloJical Study - Arc;baeOIogical SllIdy - Noise AssesSV'ent - Other Agency Permit IOther Si te plan .01(; i i{lj Pqel ~..............~Ol,~(W.IG:IC.t3I(lol.Im.Pl) . . B. PROPOSED PROJECT ~ 1. approx. .30 800 Land Area: square footage ' or acreage H land area to be dedicaled. state acreage and purpose. purposes. ..,..n~d/ a. City of Chula Vista or@sentlv ha~ ~n ~~~~rn~n+ Tnr r"h1i,.. b. Does the project involve the construction of new buildings. or will existing structure be. utilized? /Jo 2. Complete this section if project is residential or mixed use. not applicable a. Type of development:_ Single Family _ Two Family _ Multi Family Townhouse Condominium b. Total number of structures c. Maximum height of structures d. Number of Units: 1 bedroom 2 bedroom 3 bedroom 4 bedroom Total Units e. Gross density (OU/total acres) f. Net density (OU/total acres minus any dedicalion) g. Estimated project population h. Estimated sale or rental price range i. Square footage of structure j. Percent of lot coverage by buildings or structures k. Number of on-site parking spaces to be provided I. Percent of site in road and paved surface ~ 3. Complete this section if project is commercial or industrial or mixed use. not applicable a. Type(s) of land use b. Floor area Height of structUreS(s) c. Type of construction used in the structure d. Describe major access points to the structures and the orientation to adjoining properties and streets e. Number of on-site parking spaces provided Estimated number of employees per shift Number of shifts Total Estimated number of customers (per day) and basis of estimate f. ....... g. )yJe2 Paac2 WPc.F~ClISTtlIUiIN~-A.93 (aoI. IO:ZO.93) (lot 11122.93) . . h. . i. j. k. 1. Estimated number of deli venes per day Estimated range of service area and basis of estimate Type/extent of operations not in enclosed buildings Hours of operation Type of exterior lighting 4. If project is other than residential. commercial or industrial complete this section. a. Type of project Street vacation c. d. e. f. g. . h. b. Type of facilities provided none Square feet of enclosed structures n / a Height of structure(s) - maximum n / a Ultimate occupancy load of project n/ a Number of on-site parking spaces to be provided n/a Square feet of road and paved surfaces existina asnhal t wi 11 b~ TAmnved Additional project characteristics Proiect will result in <th,::. r4:llmnv~l nf ApP"',nY;m:=tl~~'Y 30,800 square feet of asphalt. C. PROJECT CHARACTERISTICS 1. Will the project be requiIed to obtain a permit through the Air Pollution Control District (APeD)? No 2. Is any type of grading or excavation of the property anticipated? Not at this time If yes. complete the following: a. Excluding trenches to be backfillec\. how many cubic yards of eanh will be excavated? . b. How many cubic yards of fill will be placed? How much area (sq. it. or acres) will be pded? What will be the: Maximum depth of cut Average depth of cut Maximum depth of fill Average depth of fill c. d. /5'-93' \c,t{ ""03 '" WI'C~CI'STCRB7II02I""'" (Ilol. 1020.") (Rol. lcm.9Sl 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.) None -, 4. Indicate the amount of natural open space that is pan of the project (sq. ft. or acres) None S. If the project will result in any employment opportunities describe the nature and type of these jo~. Temporary construction jobs for public improvements 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? No 7. How many estimated automobile trips, per day, will be generated by the project? 8. Auto trios will be elimina~~n nn pn~~;nn n~ MnQQ ~TT~Q~ ~n be vacated. Describe (if any) off-site improvements necessary to implement the project, and their points of access or connection to the project site. hnprovements include but not limited to the following: new streets; street widening; extension of gas, electric, and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. See attached. -, D. DESCRIPTION OF ENVIRONMENTAL SElTING 1. Geolol!V Has a geology study been conducted on the property? (If yes, please attach) Has a soils report on the project site been made? (If yes. please attach) No No 2. Hvdrolol!V Axe any of the following features present on or adjacent to the site? "'" (If yes, explain in detail.) a. Is there any surface evidence of a shallow ground water table? lJg --- )5~7Y WI'C-.F,~Oll.A.9) (1to{. 102D.93) (1to{. 1022.93) P.,e4 . . . . Axe there any watercourses or drainage improvements on or adjacent to the site? No c. Does runoff from the project site drain direct1y in to or toward a domestic water supply. lake, reservoir or bay? No d. Could drainage from the site cause erosion or siltation to adjacent areas? No b. e. Describe all drainage facilities to be provided and their location. None vet 3. Noise - a. Axe there any noise sources in the project .vicinity which may impact the project site? No b. Will noise from the project impact any sensitive receptors (hospitals. schools. single- family residences)? Possibly 4. Biolol!v a. Doe~ the site involve any Coastal Sage Scrub vegewion? No b. Is the project site in a natural or partially natural SUIte? No c. If yes, has a biological survey been conducted on the property? Yes No X (Please attach a copy.) d. Describe all trees and vegewion on the site. Indicate location. height. diameter. and species of trees, and which (if any) will be removed by the projecL Site is currently an existing road. It has been covered with agph~l~ ~nr y~~rQ S. Past Use of the Land a. Axe there any known historical or archeological res0utCe5 located on or near the project site? No b. Axe there any known paleontological resources? No c. Have there been any hazardous materials disposed of or scored on or near the project site? No d. What was the land previously used for? Presentl v used AS; It nnh 1 ; ~ 'r"''''d. /Y7~ 131/ _ _._ ____ ...... . _ _-1 u._.....,,.J IM"- iD'l\ p.,eS 6. Current Land Use a. Describe all structures and land uses currently existing on the project site. Asphalt ...... b. Describe all structures and land uses currently existing on adjacent property. North Golf course Sou~ Sinale familv dwel1inas East Neighborhood sh9Pping West Single family dwellings 7. Social a. Axe there any residents on site? No If so, how many? b. Axe there any current employment opportunities on site? No If so, how many and what type? 8. Please provide any other information which may assist in the evaluation of the proposed project. Vacation of this portion of Moss Street will eliminate the dangerous and awkward traffic intersection at Moss Street and Naples Street. Traffic circularinn will h~ ;mpTnu~n ""'\ - l~-1 C;; WPC::F,~'NINGISTOIUilN021.A.93 (Rd. 10:10.93) (Rd. 1ll22.93) Pile 6 1HE c.. .f OF 0iULA VIn'A DlSQ..OSURE 5". ."E:MEI-rr .are required to file a Statement of Disclosure of ccnain ownership or financial interests, payments, or campaign ibutions, on all matters which will require discretionary action on the pan of the Ciry Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial interest in the propeny which Is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Nita V. Ferreira Stephen V. Ferreira Gregory R. Cox COUNTRY CLUB VILLA ESTATES Phillip P ~~r~~;rA 2. If any person" identified pursuant to (1) above Is a corporation or pannership, listtbe Dames of aU iDdivlduals owning more than 10% of the shares in the corporation or owning any pannership iDterest iD !he pannership. Nita V. Ferreira Stephen V. Ferreira Gregory R. Cox COUNTRY CLUB VILLA ESTATES Phillip P. Ferreira 3. Ir any person" identified pursuant to (1) 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 trusL . N/A 4. Have you had more than S2S0 wonh of business transacted with any member of the City starr, Boards, Commissions, Committees, and Council within the past twelve months' Yes_ No..!... Ir yes, please iDdicate person(s): S. Please identify each and every person, including any agents, employees. consultants, or iDdependent contractors who you have assigned to represent you before the City in this maner. GREGORY R. COX JAMES ALGERT 6. Have you and/or your olficcrs or agents, ill !he awerte, contributed more wn $1.000 to a Couucllmember in the current or preceding election period' Yes_ 1'10_ U yes, state wllich Coundlmember(s): · · · (NO'IE: Anach addilioul pap as ,e: JULY 1, 1993 GREGORY R. COX, CONSULTANT / ~~ q Print or type Dame of contraClorJappUcant I COUNTRY CLUB VILLA ESTATES . ~ilbfi1wJlIZ: -AnyirwlnVl&&Al,finn. ~".."...w"joinI~ Al r'.':~.a.Jdub,""""-.- :.....:, CDI7'O'8Don....,.. ......,'1"J:_u this Mi ..,. tIfhIIt -".), oily Mi .-.D). ciI).IIUltIi<ipa/il), ....... ",. tIfhIIt po/iIiUJ ..w;.uion, ",. ..,. tIfhIIt "., ",. ......." .....,.. · unit. 'l1iE CTTY OF 0iUI.A VISTA DlSa...oSURE STA~'T . You are, requirO'l to file a Statem of Disclosure of certain O\l>'Ilership or Incial interests, paymenu, or campai,n ciJntributions, on all mailers which will require discretionary action on Ihe part of the CilY Council, Plannin, Commission, and all other official bollies. The 101l0win, inlormation must be disclosed: I. List the names of all persons havin, a financial interest in the property which is the subject of the application or Ihe ~ contract, e.!:., owner, applicant, contractor, subconlractOr, malerial supplier. COUNTRY CLUB VILLA ESTATES Stephen V. Ferreira Nita V. Ferreira Gregory R. Cox Phillip P. Ferreira 2. Irany person" identified pursuant to (1) above is a a>rporation or pannership,listlhe names of all individuals ownin, more lhan 10% of Ihe shares in lhe corporation or ownin!: any partnership interest in lhe pannership. COUNTRY CLUB VILLA ESTATES 'Stephen V. Ferreira tHtll v Fprr,:dr;'\ GreQorv R. Cox Phillip P Fprrpiro 3. If any person' identified pursuant to (1) above is non-profit or!:anization or a trusl, list lhe names of any person serving as director of the non-profit organization or as lrustee or beneficiary or trustor of the trusL N/]> -. 4. Have you had more than 5250 worth of business transacted wilh any member of lhe Cil)' slaff, Boards, Commissions, Commillees, and Council within lhe paslt""elve monlhs? Yes_ N02Iryes, please indicate person(s): S. Please identify each and every person, including any agents, employees, consultatiu, or independent a>ntractors who you have ~signed to represent you before the Cil)' in this ;"aller. . GREGORY R. COX JA!>'J.ES ALGERT 6. Have you and/or your officers or agents, in the aggregale, a>ntributO'l more than $1.000 to a Couaci1member in tbe current or preceding election period? Yes_ No-X If yes, state which Counci1member(s): . . . (NOTE: Attach additioDal pa:cs as Deczssuy) . . . Dale: JULY 1, 1993 "'"" of contraClorlapplieant tHTA V. FERREIRA Print or l)'Pe name of a>ntraClor/applicant .-.. . F~o" is defined 1lZ: -An;\' iNli,VIIu:I!,ftnr.. ~~.ip,jDiN,~ &DO-:........__ 6tICilII duhd'IUIII'nIAl_,._ ......:..." ct:1f1'O"lIIion. CIIGIC, ~ 1t:CCtC'. ~ or... G11d Gn)' 0lhIr CD""'); ciI)' mid CDWUI)', ciI)' ~; tliltriC4 '" 0lhIr politittlllUbdi.Uion, M Gn)' oIhcT pup M combWI:ion IICTinz lIS . "",,' JS- --/#17 TIlE 'Y OF onJlA VISTA DISCLOSURE ~ \TEMENT You arc r~uired 10 file a Statement of Disclosure of tenain DV-'IIership or financial interests. payments, or campaisn .Iributions, on all mailers which will r~uire discretionary action on Ihe pan of Ihe Cily Council. Planning Commission, and other official bodies. The following informalion must be disclosed: 1. LIst Ihe names of all persons havinS a financial interest in Ihe propert)' wbich is Ihe subject of Ihe application or thc oontract, e.g., O\lo'llcr, applicant, oonlfactOr, subcontraClor, malerial supplier. SAN DIEGO COUNTRY CLUB 2. If any person" identified pursuant to (I) above is a oorporation or pannership,UsI the Dames of aU individuals o\lo'lling more Ihan 10% of tbe shares in tbe oorporation or O\lo'IIing any pannership interest in the pannership. N/A 3. If any person" identified pursuant 10 (1) above is non.profit organization or a truSl, Ust the Dames of any person serving as director of tbe non.profit organization or as Ifustee or beneficiary or trustor of tbe trusL N/A . 4. Have you had more than S2S0 wonh of business transacted with an)' member of the City stalt, Boards, Commissions, Commillccs, and Council within tbe past twelve months? Yes_ No~ If yes, please indicate person(s): , S. Please identify each and every person, including any agents, employees, ooDSultants. or independent ooniractors who you have assigned to represent you before the City in tbis mailer. GREGORY R. COX JAMES ALGERT 6. Have you and/Or your officers or .gents. 10 the .wegate, CODtributed more thaD $1.000 to . CouDcllmember 10 the current or preceding electioD period? Yes_ No-!, If yes. state which Couilcllmember(s): · · · (NOTE: ArtacIl additional pap .s ~ "1)')... ~ L G..",.,; L Signature of ~Dtrar:tor/applicant LARRY E. CUNNINGHAM, PRESIDENT Date: JULY 1. 1993 . . / f'/ !./J / . Priol or ~~ name o~ oonttactor/aPPlican~~,.... . Penon;,.,.,.-.: .An)'indil~Jirm.~~'joINtl'II'IU'Ct ~r --.-.a.IdIIb,fMIIrNIl-.- --~~..,~~,,,. . lNI!lIl4...,. oW:r COlW); cil)' tI1J4 <OWUI); oiI)'~, ~", othJ:r poIiMe1...wn.......", ...,.othJ:r rwP"'~"" ~... "",,' STATEMENT OF AUTHORIZATION ~ I, Stephen P. Oggel, declare as follows: 1. I am an attorney at law and a principal in the firm of Friedman, Jay & Cramer. I represent San Diego Country Club ("the Club"). 2. The Club has been working with Greg Cox of Cox & Associates in an effort to transfer the Club's reversionary rights to land beneath Moss Street to clients of Mr. Cox. In exchange for that transfer, the Club is to receive consideration in the form of the assumption of the Club's responsibilities to make certain street improvements along Moss Street. 3. It has become necessary to complete forms and take other administrative and administerial actions with the City -. of Chula Vista to accomplish the purposes described in paragraph 2 above. In order to accomplish those purposes, I hereby delegat~ to Greg Cox the authority to deal for and on behalf of the Club in all such transact~~ns Dated: June 25, 1993 I St hen P. Oggel -. /~~/fJd- . . . APPENDIX III CITY DATA SHEET PLANNING DEPAR~NT CASE NO. IS 91"()1 J. Current Zonin2 on site: R-I Sin2le-Familv Residential North Public & Ouasi Public South R-I Sin2le-Familv Residential East CN-Retail Commercial West R-I Sinale-Familv Residential Does the project confonn to the current zoning? Y es II. General Plan land use designation on site: Sin2le-Familv Residential North Public & Ouasi Public South Sin_le-Familv Residential East Retail Commercial West Sin_Ie-Familv Residential Is the project compatible with the General Plan Land Use Diagram? Yes. The Citv Traffic En_ineer has found that the reauested vacation. alon_ with the recommended conditions of aaaroval. would meet the General Plan Circulation Element street standards. and would enhance traffic safetv bv eliminatin_ the acute an21e at which Moss Street now intersects with Nanles Street. The Circulation Element diaaram shows Moss Street intersectin_ with Nanles Street near First A venue and/or Alnine A venue and thus the nrooosed confl_uration would be consistent with the General Plan. Is the project area designated for conservation or open space or adjacent to an area so designated? No. Is the project located adjacent to any scenic routes? No (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route). - III. Schools If the proposed project is residential, please complete the following: Not Applicable School C..acitv Enrollment Units Prooosed Generating FactOrs Student!. Generated From Proiect Elementary Junior High Senior High .30 .29 .10 IV. Remarks: The General Plan Land Use Element would not be affected bv the street vacation. The General Plan ~resentlv d;simates the oro;:.;;n: as Low-Medium Densitv Residential (3-6 dulacl. and the nronertv is zoned R-I .=Ie Famil; Resid-;;ntial~ 7:000 sa. ft. minimum lot size). The additional develooable IIC1'elI2e created bv the v ion could oatv be devclooed in accordance with the nresent General Plan desimation and zonin2. '-ri ~g,./~ \.t>~o~.J ) Director 0 Plannin Rcprescn ive ,. ~d.cl']. 199.;:? Date ' Jf'-itJ / ys - qr tlSe No. ::rs- 9"--01 G. IHGINEERING DEPARTMENT ""'"' 1. prl1naoe a. Is the project site within a flood plain? IVC) If so, state which FEMA Floodway Frequency 'Boundary NIA b. What is t~e location and drain~e facilities? ~/~ !;JI{jI.A - or 11., JtJf'j n A.... description of existing on-site D~AI.,Ac........ r/Glvl -10 -1,,<- . c. Are they adequate to serve the project? ~FI If not, explain briefly. d. What is the location and description of existing off-site drainage facn ities? A/OJv eo. . .. Are they adequate to serve the project? A//14 If not, explain briefly. 2. TranSDortat1on ""'"' a. What roads provide primary access to the project? ~oss S71(u.~ b. What is the estimated number of one-way auto trips to be venerated by the project (per day)? ...v / A . c. What is the AnT and estimated level of service before and after project completion? Before After ~A.D.T. ~. o~o N/A L.O.S. 11 A If the A.-D. T. or L.O.S. is unknown or IIOt applicable, explain briefly. . N /'" d. Are the primary access roads adequate to lerve the ;roject? If not, explain briefly. <</A .-. - )Y/fJ~ WPC 1459P -14- . Case No. :TS- 9y.(1/ e. Are there any intersections at or near the ,otnt that will result in an unacceptable LevIl of Servtce (LOS)? . If so, 1denttfy: Locatton ~/A Cumulattve L.O.S. Is there any dldtcatton requtred? AI/A If so, ,lease spectfy. f. ,. Is therl any Itreet wtdentng requtred? N /14 If 10, ,llase Ipectfy. ' h. Are therl any other Itrelt illproVllllntl required? ~~ A If 10, pll..e Ipectfy the ,enlral nature of t e IIlclSury improvements. 3. Soil s IJ /" . . I. Are there any anttctpated adverse geotechnical condtttons on the . project stte? . b. If yes, Ipectfy these conditions. c. Is a soils report necessJry? 4. J.1nUmI a. What ts the average natural Ilope of thl Itte? ;2 /. . b. What ts the .axtmum natural Ilope of thl sttl? '3 '/. 5. ~ N//I Are there any trafftc-rl1ate,d noise lIVlll illPacUng thl IUI that Ire stgnificant enough to 3ustify that a 1I0tll analYltl be requtrld of the applicant? t. ,~ute Ceneration ",/14 How _ch solid and liqutd (I.agl) Wlste' will be ..nlrated by thl ,roposld project per day? 19W J.1mI.bt . , What is the location and .tze of extlt1l1g sewer lines on or downstrlam from thl lite? - Arl thlY adlquatl to Slrvl thl ,ropostd ,rojtct? /5'/ tll UDr ClnQP -15- Case Ho.rs- 9"-01 7. Ramarks -"'" Please identify and discuss any remafnfng potentf.l adverse impacts, 1I1tfgation IlIISUreS, or other bsues. # /11 . -. -"'" - J~//tJ VPC tnlP -16- . . . ROUTING FORM D~E: August 11. 1993 'l'O; K.n Lar.on, Building & Bou.ing John Lippitt, Bngineering (EIR only) Cliff SWan.on, .ngineering (.IR only) Bal Rosenberg, .ngineering (.IR only) Roger Daou.t, .ngine.ring (IS/3, .IR/2) Richard Rudolf, As.i.tant City Attorn.y (.IR only) Carol Gove, Fir. Departm.nt Harty Schmidt, Park. & R.creation Crime pr.vention, Polic. Department (H.J. Dio.dado) current Planning t:ordon Howard, Advance Planning Bob Sennett, city Landscape Archit.ct Bob Leiter, Planning Director Chula Vista Elementary School Di.trict, Kate Shurson sweetwater Union H.S. Di.trict, Tom Silva (IS & EIR) HBureen Roeber, Library (Final EIR) Other ~ FROM: Barbara Reid .nvironmental s.ction SUBJECT: Application for Initial Study (IS- 94-0~FA-~/Da 031 ) Checkprint Draft EIR (20 day.) (EIR- /FB- _/Da ) Review of a Draft EIR (EIR- _/FB- _/DP J Review of Environmental Revi.w Record FC- ERR- ) The Project consists of: Vacation of a 30.800 sq. ft. portion of Moss Street between Alpine Ave. and First Ave. Location: Moss Stre~t between Alpine Ave. and First Ave. Pl.... revi.w the dOCWll8nt and forward to .. any co...nt. you h.v. by 8/25/93 . cJ. 8 .t"J"I""...-L (: ~ _ ~~ v.t- ~.J(.. ~ ~\ Comment.: (;1'Qo. VO\ v..... . r _ ~ ~U~ CAr~~ c:J2, ~~~ T~ /5'//1 <;, . , . . , ROUTING FORM """ DATE: AU9ust 11, 1993 ,-!'&t Ken Larson, Building , Housing Fro/'rf'b John Lippitt, Engineering (EIR only) Clitt SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (ISI3, EIRI2) Ricbard Rudolt, Assistant city Attorney (EIR only) Carol Gove, Fire Department Harty Scbmidt, Parks , Recreation Crime Prevention, police Department (H.J. Diosdado) CUrrent Planning Gordon Howard, Advance Planning Bob Sennett, city Landscape Arcbitect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson SWeetwater Union H.S. District, Tom Silva (IS' EIR) Maureen Roeber, Library (Final EIR) Other _~I4QH J 70S 6rbara Reid) Environmental section -., SUBJECT: Application tor Initial Study (IS- 94-01lFA-~/DO 031 ) Cbeckprint Dratt EIR (20 days) (EIR-_IFB-_IDQ ) Review ot a Dratt EIR (EIR-_IFB-_IDP ) Review ot Environmental Review Record FC- ERR--l The Project consists ot: Vacation of a 30,800 sq. ft. portion of Moss Street between Alpine Ave. and First Ave. Location: Moss Street between Alpine Ave. and First Ave. Please review the document and torward to me any co_nts you bave by 8/25/93 . COJllJllents: 'l'\&- ~ OA.. ~ ~~ ~ ~f-.::t-...t".M. ~U"..JL ~ ~ ~ ~ k./~ ~ C~?~..t{"."17 1~'6/ltt I 'I( g~o5. /5---) /;L """ -, . . LETTER OF TRANSMln ""L SWEETWATER AUTHORITY POST OFFICE BOX 2328 CHULA VISTA. CALFOIlNIA 112012 {II III 420-1413 1._ .:: -. , Date: <3....fI'~ -,- ? 19'93 . '" To:. M... \)"'...~\~. G?...~.Q c. : \..7 ~\: ~L~, \... v~'" ~- ~___." _~ '":b.p~. 7-"'<' ~w#-~ A...J. C~~\.. V."~-\. ~A -.\q/D , Ref: :I:"SO.- qo.(.O I Gentlemen: We are forwarding: ~Mail o By Delivery o By Pick-Up o By HtInd No. of Copies Originals . ( Description: <.s.c. JA I ~ ~~r jL.... "' ~ .., I-z.. "-- ( "l 3. The above is sent to you for: ,0 Action ~ Requesttrd o Review o Comments o Checking Comments: o Approval · ~mation o Revision o Other o Please send location and size of your existing and propclltd facilities. o Pleaie re-submit copies of revised prints for checking. o Please re-submit copi.. fA revi8ed prints and one original far c:hecIdng and signature. ~ . 'r' _ .. .. '\. r.. ,. ...~ b....bJ 'f ~ ~ "... '-- "i-1... ~.... ~ r ---"'''''l +r.._ E_-:::_.-"':'_~ "'lS.,\-. /~..) / J Received by: Date: 12/1983 ", ...;...- . ',- ~WEETWATER AUTHORI. - , SOS G"RRETT "VENUE POST OFFICE BOX 2328 CHUV. VIST.... c...LIFORNI" ""2-2328 (61') .20-'.'3 F"X (61') .25-7.61 DOl'" . JG eoAIItD "~.CH""'lm aID PQCICLJNOTON. w::E CM....1... ~J. STEELE OEC')NM: M. VM1ERS -,,-.... _a. WOLNEWICZ CI#fY F. WIIlIIOKf -- ~ July 22, 1993 'PIIE......-p _.1._ 1ICN1''''''.V 1ST'M1M. AlOE Mr. John Hardesty City of Chula Vista Engineering Department 276 Fourth Avenue Chula vista, CA 91910 Subject: PROPOSED VACATION OF A PORTION OF MOSS STREET AT NAPLES STREET SWA Gen. File: Vacations (Street, Alley, Right-of-way) Dear Mr. Hardesty: This letter is in response to your notice of a proposed vacation of a portion of Moss Street at Naples Street. Sweetwater Authority presently has a 30-inch steel water main located on the north side ~ of Moss Street in this area. This is a major transmission facility for conveying water in the City of Chula vista. The Authority requests that the above-described water facilities be exempted from this vacation. We request that a 20-foot wide permanent easement centered on the main be granted to us for the purpose of installing, operating, maintaining, replacing and repairing said facilities and service pipes and the right of ingress and egress for such purposes. Also, no buildings and/or strUctures will be .erected, walls constructed, fences built, changes of grade, nor trees planted upon the area of the easement. Enclosed is a copy of 1/4 SEC. 120 map which show these facilities. If you have any questions, please contact Mr. Russell Collins at 420-1413, ext. 239. Very truly yours, SWEETWATER AUTHORITY ~.~m~A ~~!~gLChief Engineer k:\I...I.(\wp51~..ltr -... enclosure: photocopy of 1/4 SEC. 120 map pc: Russ Collins, Sweetwater Authority ) ~'-/)1 A Pwblic A,onu,r. Servi", NlltioMI Cit;y, 0.,,111 Visttl 11M S"rrollMing A_s . ... .' ~. .=1 i Il,tii,ii ~ J -It .-' L A. ~ I _i~~ W...l..'.- Jo",!"., ~:""~"~H .:.~~"' -., u: ~ 1-.. ."""..D I I I I ~ .....' 'iii // I . ;:~ . . ~v~! 8 ~ pi R, 8 i i ~.I \' I'~ \ ; l.' ~-------_. . 5'! ~ Ii i ! 1\ I S r Hr I: '\ r/\l~ ~i:l ~ ~ I'~ 6 Ii , I~ =1'/"'....1'. ~ .;4' 'd'- ~ ~ I;; l-S ~: - K'A ~ N /.. ;:~~.l t,t7 ;~~~ I;:; I'"' : ~ il~;"~VV;J" Sr i "~I · w. .Ll~ ~ -/f . : 'i/-i(\'~ .." t, ;; ~o;m. - -7 j I =" a. 'I ."y I 'I' : i .\. t:'1 ~ld~"; e citon f~!Y,~ T ~ ..1 ;.~ J~'.L~', ..'::L,,"-lo...L,~_,,:~', ~'U(l..l:::tiO~~-' ~~ ,,,/4 llc N ,'" l,~ ~t-.., .\:, 'On "".r~ . Jj '_ 1<;,0 ~!:"rri~, i !o'!fJcS csflt'l11 ~ .!fe~ ~ ::::~. .I' ~ Jl~if'T1 l W rk ng ay1 ~r"~~~t. '~13j: ~ , ''I ~I);- ~'~ !! I I ~ ' ~ ~- II> ~ "" ""lAP '7 2 ...i,., -, t. ..;;....... : ; ~~ I@ I ~-~ - "'8 9 E _ .!...... ~ ~- I ~ lJ len ':'...ta == IL ~ ~iO"11 :t ~. f Z & i !I I ! I ii i li" !. I A V ~. 8 s !;; 1- 0 ...... A ......,. w...;,.,.11 I I I I I -;- 'i ...1T -I I I I ~~ i~" 5 ~ I ;;b:: ~ fl "r _ e I I Ei Ei , I R I I I .!J r~ et ~V r::! f II. & I I I jSC< _ '7.1 f.... '~".I'I I -.. i I . . / _..:. ~ ~. .. oe ~ - ~" -,J t_ ~J..,- C2 . .- - 11 Q ! ~ Gi fT1 i... a..--------~---~----------5!--~------"'----- :,.. . '" , I I ~ . l! I fp--~~.. -=:::-~ ~----------- ~i I I I i I I ~ I ~ : .' '. ~ .. g. .~ 0 % c .id i lR; U;j;f i i I :~ 'I i:I{ ~ ... r.:o;~;&.,.:..d.....:.. ",",0__1 I I t ;f . . It~1 f l I ~f\l! HI I I . Jy/I/f'~ !,. e : IJI :=::! -- .__:;:... -J ::~,. ; ~ i '" i! II i r II i~ r I r I r iF II . ~ ".~ !.~.._ _::'~_'~ "0_- .':: 0.., ~ ~ ~ :! . ~ I R ~~ 2 ~ ~= I t." ,,' ,~ -. . .J. .-=:C~-'9~; l.JED 10:~3 CHLILA '...'IS;TA SCHOOI_ 11!ST. P.0..;: 1l0ARD OF EDUCATION JO$E?~ 0 CWt.4lNGS PtlD LAHRY CUNNlt~Gl-lI\M ~"ON G~ES PATilC. A JUilll G"EG il SAN:)OVAL SUPERINTENDENT UBi'" S. Ga.. Prl 0 CHULA 'VISTA ELEl\IEl\1"fARY SCHOOL DISTIUCT 84 EAST "J' STREET. CHULA VISTA, CALlFOR....HA ~U1l0 . 09 4~5,960<l ----- ....--- EAcn'cHILD IS A."li~jjiVmijAi~OFGREATWORiiT-'-- --- '} October 20 1993 Ms Barbara Reid Enwunmen!a! Re'.'iew Coordinator City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE. Initial Study, Vacation of portion of Moss Street Dear Ms Reid Thank you fm providing the opportur;lty tor H,(' Dishct te CCI,llne!"! en tile propo:;ed vacalion of a portion of Moss Street " While there is no construction associated with tl)is action st-.ould reSidential ul1ils be proposed in the fut..Jre for the approJ<,n,ate;y 30,800 square foot rarcel, the additioral childrer. net anllcip13tcd lJased on the proporl/c wrrent UE8 would e,(a~erl:1c<t(. alrFFI,1}' S"", inlj~ ~r.hnol over crowdIng In the area. It is requested trial approval of Ihi!> aJ,:,~i!ca\o:I;1 b", cc,r,':!lt,:;ned to requiru futule deveiopmentto fully r:1,tigate impacts c,n schoel faCilities, If ycu 'lave any questIons, plea!;;E:! call me Sincerely, ~1:. =>\r-.\.\.~", Kate Shurson Director, Planmng & Facil,lIes KSdp cc Tom Silva , 7a mo~ /5/// ? . Sweetwater Union High School Disbict ADMINISTRATION CENTER "30 Fll1h Av.nu. Chul. VIII., Callfornl. 8'8"-2188 (811) 111-5500 DIvI.lon of Planning end Fecllltl.. r-~-'-- --. ~ --.. .-- A'..J~' "f'" ,,.. ~ ~. ;t:~ August 12. 1993 P ~(l : 1\ . ...- Ms. Barbara Reid Environmental Coordinator City of Chula Vista EnvirOllmental Sc.; lion! Planning Ikpt. 276 Fourth Avenue Chula Vista. CA 91911 Dear Ms. Reid: Re: Moss SL Street Vacation: IS-94-01 . The SweetWater Union High School District does not object 10 the ",oposed vacation of that potion of Moss Street between Alpine A venue and First Street. Pursuant 10 our Director of Transportation. eastbound and westbound buses will use Naples. If you require any additional infonnalion. please do nOl hesitate to ca1l me at 691-5553. Thomas Silva Assistant Director of Planning . )Y/17 Giroux & AaaocOtltes Environmental Con. .aU1ts f\\O SS -., MEMO O ", r J. {.. r- ....i ,I" (, "_ TO: Barbara Reid, City of Chula vista FROM: Hans Giroux; Giroux & Associates RE: Naples/Alpine Noise Monitoring October 22, 1993 DATE: In anticipation of possible changing traffic volumes at the Naples/ Alpine intersection in conjunction with proposed intersection realignment, a baseline noise survey of existing conditions was conducted on October 19-21, 1993. Measurements were made at 129 Naples at a location under the picture window facing Naples. Along Alpine, noise was measured at a landscaping bush in front of 1094 Alpine near the lot line with 1098 Alpine. Larson-Davis Model 700 integrating sound level meters were used for these measurements with the meters calibrated before and after the monitoring. The meter records the sound level eight times per second, converts the readings to an energy equivalent level (Leq), and stores the data in an internal memory at preselected intervals. Hourly data were used in this study. Attachment A summarizes the results of around fifty hours of measurements. Data from different days was almost identical. Afternoon rush hour noise levels on three days were almost identical at each location (within 1 dB at Naples and 1.5 dB at Alpine). Throughout the day, from 7 a.m. to 8 p.m., the noise level was never lower than 64.0 dB or higher than 66.5 dB along Naples on each day of measurements. As a rule of thumb, people do not perceive a noticeable difference in noise exposure when levels differ by less than 3 dB. There is therefore no noticeable difference in traffic noise along Naples for around 13 hours of the day. A noise level of 65 dB is generally the threshold level where speech interference becomes noticeable in that one has to raise one's voice to overcome the traffic noise. Noise levels along Naples at the closest point of residential occupancy are therefore right at this threshold for most of the day. -., ""'" /J/-/!~ 11144 Sky /Wi On:i; Suite 210. /niIw. Ca/ilomitI927/4 . ~ (1/4) ISI-Mt>> . Fa (1/4) 1S1-U12 ~ . . . '- -2- In order to account for changing noise sensitivity throughout the day, noise/land use compatibility criteria use a descriptor called the community Noise Equivalent Level (CNEL). CNEL takes the hourly noise levels, adds a 5 dB penalty for noise from 7 p.m. to 10 p.m., and a 10 dB penalty from 10 p.m. to 7 a.m., and then averages the 24 hour period. CNELs were calculated for each of the days and each of the sites monitored with the following result: Date 129 Nanles 1094 Alnine 10/19-20/93 10/20-21/93 65.9 dB(A) 66.4 dB(A) 57.8 dB(A) 57.8 dB(A) The city standard at any exterior recreational use (patio, pool, etc.) is 65 dB CNEL. Along Alpine, the standard is met with a wide margin of safety. Project-related changes in traffic volumes will not cause the City standard to be exceeded. At the homes nearest to the Naples/Alpine intersection, side yards or parts of the backyard of several homes closest to the intersection are near the standard. Because project implementation may incrementally increase existing levels already at the recommended maximum, noise protection for the yards of the homes nearest the intersection should be considered. A 6-foot, side yard block wall would insure that the project does not reduce the ability to comfortably use exterior space at these homes. Exterior noise increases may also impede the maintenance of an acceptable interior level (normally 45 dB CNEL). structural attenuation with closed windows is around 25 dB such that exterior levels would need to exceed 70 dB CNEL before meeting interior standards becomes impossible. As long as the closest homes have the option to close their windows to shut out street noise, meeting the interior standard is not a problem. An ability to close windows requires supplemental ventilation. We did not evaluate floor plans and ventilation systems to cSeteraine whether any structural mocSifications are necessary to insure that interior levels are within the stancSarcS. In summary, our fincSings were as follows: 1. Noise levels along Naples at the nearest point of residential exterior use are at the city's stancSard. /5//1; -3- """' 2. Any incremental increase due to the project can be offset by a side yard wall at homes closest to the intersection. 3. Noise levels along Alpine are sufficiently low as to not be impacted by project-related changes in traffic volumes. 4. Adequacy of interior noise protection should be evaluated. ....... ......., /~~/ ) c2tJ . ATTACHMENT A mISE DI!ORIIG RESULts (Jourly levels in dBl LIlll 129 laples 1094 Alpine 10/19 10/20 10/21 10/19 10/20 10/21 00-01 50.0 54.5 46.0 48.5 01-02 49.0 49.5 45.5 46.5 02-03 43.5 48.0 41.5 44.5 03-04 44.5 47.5 45.5 44.5 04-05 47.0 47.0 45.0 45.5 05-06 56.5 56.0 50.5 50.5 . 06-07 61.0 62.5 54.0 54.0 07-08 65.0 65.0 56.5 59.0 08-09 65.5 65.5 56.0 56.0 09-10 64.0 64.0 56.5 53.5 10-11 64.0 64.5 53.0 55.5 11-12 65.5 65.0 55.0 56.5 12-13 65.0 65.0 53.5 53.5 13-14 65.5 66.0 61.5 56.0 14-15 65.5 65.5 56.5 54.5 15-16 66.0 66.0 55.5 55.0 16-17 66.5 66.0 58.0 55.0 17-18 66.5 66.5 66.5 55.0 57.0 56.0 18-19 65.5 65.5 66.5 55.5 55.5 57.0 19-20 64.0 64.5 53.5 54.5 20-21 63.0 64.0 52.5 53.5 21-22 62.5 63.0 52.5 53.0 22-23 59.5 58.0 50.0 51.0 . 23-24 54.5 57.5 49.5 49.0 J:5--:/dL / . I .. \ . Case No. /5-91-01 APPENDIX IV -... Comments Received During the Public Review Period -., _ No Comments Were Received During the Public Review Period ....... /5'>/;2;Z . WPC,,"IHOMEIPI.ANNIN<022.93 (lief. 1021.93) (lld. 1020.93) . . . t ' ,. Auqust 27, 1993 Mr. and Mrs. Alan Willingham 122 Moss street Chula vista, CA 91911 John Goss-City Manager 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Goss: We are writing this letter in reference to the planned project of vacating a portion of Moss street between Alpine and First Avenues. We understand that the site in question may be used for future development of a few new home sites. We are delighted to learn about this drastic improvement to the unsightly lot in our neighborhood which becomes a dumping site at times for unwanted household items. Most of all, this plan will eliminate the dangerous intersection that causes a lot of traffic accidents on a monthly basis. This intersection is going to cost someone their life in the near future if something is not done about it. (If it hasn't already) We urge you to support this plan in behalf of the entire neighborhood that uses this intersection on a daily basis. Thank you for your understanding and time in regards to this matter. If there is anything we can do to help this plan become a reality, please contact us at 279-2042. Sincerely, _ . ~U~~---- Alan Willingham . ~.~~ Dottie Willingham cc: Barbara Reid - Associate Planner Jim Hater - Mayor /~/if3 AUG ;:. 7933 r,_l.. I , r...... ...;\. \i..., . Dr '1/)' - ~ U ( jY r) , lJ[ :J~ U I j ~ .,- i, I: "'... . .. "- CITY MANAGER' ;~JUlA VISTA, ('-. ItUG 25 1993, .-.. r- __ " ..-:...- ._~-~- ~=.J . ", Case NOI Is-94-01 Project Locationl Moss Street between Alpine Ave. and First Ave. Project Applicantl San Diego Country Club &: Country Club Villa. Estates Environmental Review Coordinator POBox 1087 Chula Vista, CA 91912 Gentlemen I Please recheck the traffic pattern of Moss Street and Naples Street. The traffic on Moss Street has increased 100% in the last six years that we have lived here, due to the fact ~hat Naples is now a th:ro street to Medical Drive. Many people use Naples Street instead of Telegraph Canyon and L Street. Our small street of Alpine Ave in the 1000 block cannot handle all the traffic from Moss Street. It is too narrow to start with and many people do cross the empty lott instead of using the street. On a Friday afternoon there are as many as eight cars at the stop sign on Moss Street and First Ave. at one time and many do use Alpine to get to Naples, which also has very heavy traffic at all times. Since Chula Vista has grown so much in the last few years SO has the traffic. """'" Sincerely, _ (1)t;J::r~~ -fft2-t<.{.I.:t--V &~a~ Albert C. Cabella &: Corinne A. Cabella 1098 Alpine Ave. Chula Vista, CA 91911-:nOl ~~..(~ Itf~ """ l~/;L( . August 24,1993 , j Environmental Review Coordinator City of Chula Vista Att; Douglas D Reid t. i ; 1', ( .~""" tw '~ pi L"" -n.l\:I\i1\...; Dear Sir: We wish to comment on the initial study of the request for vacation of a 30,000 sq. ft. portion of Moss St between Alpine and First Ave. It just don't make sense to divert traffic to Alpine which would affect First Ave., a residentual neighborhood to accommodate a Country Club. Our street is narrow with no sidewalks and since Naples St. was opened up going East, we have been experiencing much heavier traffic with speeding vehicles especially pick-ups. .What will happen to the trees along north side of Moss? We have lived in our h~~e on First Avenue for thirty-nine years and have seen many changes and noticed that the former owner of the property mentioned above had tried to use or sell that land and was turned down by the City. Then we heard the City of Chula Vista had purchased the parcel and again a friend told us a former Mayor was part owner now. Should we think this is political? Thank you, Aaron E. Cook Margaret E. Cook 1160 First Ave. Chula Vista, Ca. 91911 P.S. We are having difficulty with long waits at our stop on First trying to get on Naples now. . /y/25 -- -., October 11, 1993 Chula Vista Planning Department Public Services Building 276 Fourth Avenue Chula Vista, California 91910 c. , r :- ", '~......... Re: Case _ PCM-94-09/IS-94-01 Vacation of a 30,000 sq. foot portion of Moss St. between Alpine and Fest Aves. To Whom It May Concern: As residents at 1094 Alpine Avenue, in the area of the proposed vacation of Moss Street, we hereby file the following protests, with you, against this vacation: 1. Traffic on Moss and Naples from Broadway to Hilltop Drive, and beyond, is quite heavy. Most of the time cars come through these sections at high rates of speed. With the closing of Moss Street there will be that much more traffic on Naples Street. To say nothing of the increased traffic in front of our residence. -. 2. Traffic at Moss where it intersects Naples is sometimes backed up, going East, siK to eight cars deep. Traffic will be backed up trying to get onto Naples from Alpine many cars deep if this proposed vacation is passed. The air quality caused by this back up will be very eKtensive. 3. Alpine Avenue where all this traffic would have to divert is only 20 feet wide at the present time' At the Safety Commission Meeting it was conceded that this street will be widened to accommodate the foreseen traffic. 4. Closing off Moss Street at Alpine would create a "dogleg" of 90' which will be quite dangerous wi"th the rate of speed the cars traveling Moss Street are doing at present. 5. The corner of Moss Street where it intersects Naples is not a dangerous corner (no accidents are attributed to this corner), as shown at the Safety Commission hearing. This is the reason given by the San Diego Country and Country Club Estates as the reason for vacation. The danger will come when this vacation occurs on Moss Street and traffic is diverted to Alpine Avenue. -. /YJ:2~ . The Safety Commission agreed that there would be a three way stop erected at this intersection. The traffic on Naples is so heavy that cars, even now, have problems moving onto Naples from either the 1000 block or the 1100 block of Alpine. If this vacation occurs the traffic on Naples could be doubled and the traffic coming off of the 1100 block of Alpine Avenue will have the stop heading North, turning onto Naples - then going West they will have to stop once again, within 90 feet! THIS is a dangerous situation to say nothing of the almost impossibility of moving into the West bound traffic of Naples. 6. Speaking of dangerous - what about the dangerous condition of elementary school children walking to school along Naples Street on non-existant sidewalks with 12,000 cars, trucks, buses, and ambulances a day speeding past, if this vacation passes' They walk along there now with 6,000 cars, trucks, buses, and ambulances (which is dangerous enough). . 7. We recommend that a very THOROUGH study of the traffic pattern in this area be made and also the cost to the city of widening Alpine and installing the necessary stop signs (it should be a stop light) at Alpine and Naples before any approval is give to the closing of Moss Street between Alpine and First Avenue. A recent automobile count was conducted at the 1100 block of Alpine. This count wasn't started until AFTER the morning rush hour traffic had finished. How does this give an accurate count? Please - have someone (a person or persons) come out to this area and observe, for a few peak hours, to see the traffic pattern as it REALLY is, at it's BEST! 8. Furthermore, as citizens, we are concerned with the "waiver" which has been requested by the San Diego Country Club and the Country Club Villa Estates that the curbing and sidewalks along Moss Street from Third Avenue not be installed because of hazards from the Golf Course. If a study were made it would show that the "hazards" (golf balls) rarely fall along the fence - they usually land in the street, in the lawns, in the empty lot, or on the cars on the South side of Moss Street. 1 can show you a,recent broken window in my house caused by an errant golf ball' 9. As taxpayers we wonder what compensation the San Diego Country Club and the Country Club Villa Estates plans to pay for this 30,000 square foot piece of prime real estate (overlooking a country club)? At today's prices this should be a nice "chunk of change" to add to the City's coffers. 10. The Safety Commission Meeting of September 9, 1993 . J~/;27 . ~ regarding this vacation of Moss Street was a joke. The Commission did not listen to any of the many residents who came to the meeting and voiced their concerns - There was no discussion. They had already made up their minds. There were a couple people on the Commission (Mr. Pitts and Ms. Braden) who seemed to listen to our speeches and tried to get a dialog going but Mr. Thomas, who was the Chair (and who seemed very bored with the whole thing), was too busy having an aside discussion with Mr. Padilla to pay any attention. He called for a vote of the Commission without the least discussion of any of our concerns. Is this the way our city of Chula Vista runs all of it'. hearings? Thank you for this opportunity to voice OUR protests. Does it REALLY do any good~ Sincerely, MrQ/fcf~~ Mill, l)?(~~ -M1:. D. P. Coughlan 1094 Alpine Ave. ~ Chula Vista, CA 91911-3301 CC: Tim Nader, Mayor ~ )S>);Lf ,. "'0 August 23, 1993 f.J~ ( w . DouglaS D. Reid Environmental Review Coordinator P. O. Bo)( 1087 Chula Vista, California 91912 RE: Vacation of a 30,000 sq. ft. portion of Moss St. between Alpine and First Avenues. Dear Sir, Thank you for your "Notice of Initial Study" letter of August 18, 1993. As residents at 1094 Alpine Avenue and having read the complete application for the Initial Study filed in the Planning Department we hereby submit the following comments: 1. Our residece is located on the corner of Moss and Alpine and therefore one of the two most affected households in regards to this proposal of the vacation of the portion of Moss between Alpine and First. . 2. Traffic on Moss, all the quite heavy. The portion of Moss Avenue is probably the heaviest. section at high rates of speed. way from Broadway to Naples is from Third Avenue to First At times cars come through this 3. Traffic at Moss where it intersects Naples is sometimes backed up, going East, five and si)( cars deep (usually at rush hour). What will the back up be on Alpine if this section of Moss is closed? I hate to think. The fumes from these cars will certainly affect our standard of living on this section of Alpine. 4. Alpine Avenue (in front of our dwellings) where all this traffic would have to divert is only 20 feet wide! This is hardly enough room for one car, let alone cars going in both direction. Many times a car turning into this section of Alpine from Naples would have to wait until the car leaving Alpine left! This portion of Alpine would have to be widened to accommodate the traffic which would be diverted. ~. Closing off Moss Street at Alpine would create a "dogleg" and whatever the Country Club Villa Estates planned to put up at this location would be in dire jeopardy. Perhaps a solution to this would be to deadend Moss at Alpine and close off this section of Alpine? Then we'd have different problems. . 6. The corner of Moss Street where it intersects Naples is, JP~/;2 / indeed, a dangerous corner. San Diego Country Club would trimmed at this intersection Looking right from this stop the view is quite clear. We are very aware of that. If the continue to keep the high bushes the danger is reduced considerably. sign is a bit "neck stretching" but ~ 7. If Moss Street is closed between Alpine and this intersection the corner of Alpine and Naples WILL BE the MOST dangerous corner in Chula Vista unless the city installed a three way stop sign or light at this intersection. This would make it safe and also make Alpine traffic accessible to Naples. The traffic on Naples is so heavy that cars, even now, have problems moving onto Naples from this section of Alpine. We recommend that a very thorough study of the traffic pattern in this area be made and also the cost to the city of widening Alpine and installing the necessary stop signs at Alpine and Naples before any approval is give to the closing of Moss Street between Alpine and First Avenue. Thank you for keeping us informed in this matter. Sincerely, J~t~:~: ~~a~~ - - Mr. D. P. Coug lan 1094 Alpine Avenue Chula Vista, CA 91911-3301 -, lY/JtJ . I · - . \ __~ ._.' ii~~.-.~~ . RJ;:.I.,..>- V.:.D ClTV MANI.GER ~ W~ ~ '-m~" :IIJ1AVISTA,o; '-' IJ _ 33 AUG 2 5 1993 ~ . ~LANj\;W' -*"" _' V!tJ.-l:..., ~~ . _~~='. Q->~.J1,~. <J - ; -: :~...",--fu.Q: - ,:t _ ~(..di,".~~_.. d1~A~ ~ _ f~Ck'!'D .W.Q..,~~IQ-~.~ __J..U )~. -- ~~ - · - .~ "il.9.-..D .~ ~ s{ :'t~~~u~. ....-~-~ .- . ~ ~ . ~. ~._. 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EK..H I BI T 11-08-94 \\ " J PAGE DESCRIBE FIGURE BEARINGS 7 POINT BEARING DISTANCE NORTH COORDINATE ----- ------------------ --------------- -------------- 11 -43.5746 N 03 46 22.308 E 2780.0000 (RADIAL) 2 CURVE CENTER 2730.4004 S 01 02 16.994 E 2780.0000 (RADIAL) 12 -49.1433 S 71 23 00.000 W 204,.4213 14 -114.4017 N 18 37 00.000 W 15.0000 (RADIAL) 15 CURVE CENTER -100.1866 S 71 29 04.523 W 15.0000 (RADIAL) 16 -104.9500 N 18 30 55.477'W 64.7257 11 -43.5746 CIRCULAR CURVE CENTRAL ANGLE = CHORD DIRECTION = IIUS'= TH = T GENT '" CHORD '" EXTERNAL '" MIDDLE ORDINATE = CIRCULAR CURVE CENTRAL ANGLE = CHORDPIRECTION = RADIUS '" LENGTH '" TANGENT '" CHORD '" EXTERNAL '" MIDDLE ORDINATE '" . 11 4 S 88 2 12 L 48 39.303 37 57.343 E 2780.0000 233.4264 116.7818 233.3579 2.4518 2.4496 AREA '" AREA 7 I 14 90 N 63 15 16 R 06 04.523 33 57.739 W 15.0000 23.5885 15.0265 21.2319 6.2320 4.4028 ~11 '> < \U , < MoSs S1: 2 EAST COORDINATE 46.2305 229.1582 279.5219 85.7969 81.0084 66.7848 46.2305 8321.1022 I ~'\. r1\"e,f::J l'1"'~ ~ /5-/)'( \, , I **************************~){*~J*~J*JC:**~****************************** * * * * * * * * * * * * * * * * * * * * * .FIDELITY * * * * * * * * * * * * * * * * * * * * * * * * * * * THE INFORMATION PROVIDED IS DEEMED RELIABLE BUT IS NOT GUARANTEED * Copyright TRW REDI 1986, 1991 * * * *******************************************************************************. * * * * * * * * * * * * * * * * * * * * * * * * * e * * * * * * * * * * * * * * * * * * * * * * * * * it NATIONAL TITLE INSURANCE CO 10/25/94 San Diego County Pr.pared for: R.qu..t.d By: R.p: Sa1.s updat.d Through: 10/21/94 >>> PROPBRTY INFORMATION <<< OWner Nam.: COUNTRY CLUB VILLA ESTATES Situs Address: SITUS PENDING CHULA VISTA Mailing Addr.ss: 270 BONITA GLEN DR;CHULA VISTA L.ga1 D.sc: T 505 B L 15 U CA 91910-3113 Parcel Number: Zoning: City Code: OWnership Type: Y.ar Built: Units: ~ol: ruBi;Code: "Yeatures: 619-100-23-00 1 CV Square Peet: Lot Size: Lot Sqft: Bedrooms: Baths (P + B): Total Rooms: A .15 * r6534~~ * * * * * , ",~.- - :J~:"t'~* -.' , Og~~~ACANT - RESIDENTIAL la I ~ , '" >>> SALES INFORMATION <<< Last Sale Doc. Sale Date: Price: # / Type: 08/02/93 497353/0D , .... ,r,::..'tLj, ' Lender: 'A.t 1st Trust Deed: Other Loans: Price per Sqft: 1st Prevo Sale: Amoun t: >>> TAX INFORMATION <<< Bxemption: Improv_ent Value: Land Value: Total A....s.d Val: NONE Annual Tax: Improv_ent 'I Tax Rate Area I $892.5 $86,000 $86,000 01001 .K-:1 J5-/]t :~~~.. . :.~~~~ ~::\,,~:: . . : :~.. . ~~ ... ...~...... .~.", ~~-~;; . '. . ~~... . .,...,,, .at.. _...., . ~#::' - . . ~ . ...... ~ ~. --;" 41J... ~...;.\ _ ,do ('o~ _ .......'-' ""L.~ .e.. .."" ,_, .. i..('i~ \~;,,,,,,:. <;~..:....,; ~ <:. ......~~ ~~..9:.. ~""'.' ~ .-t~~:i'~~.~.: ,: --"', , . ~. .... ~- .;. .;1.,....,., _, '__.~.~ .;.~_ ; ":;:-':'.) 't.......... . 'L .; ,~ .~~ ....'~.... . .' ; 't-:< Z :-~. c;r ," --.. ..~ -lo" - :r':.. ..'~ ~ .....,". ..~<...-;-._- . ...;. ~~~~._~,~-:..~ ~~~.. ~ -:~~ ~'" -.:: ~. 4::.__ ..... ;' ..~ _....~ ., ., .., ,"1;. CB ..... ... --J -- - \l) - :r; ')f La CB . f . - "- <Bi -klC9 JS:J)' '* ; ~~ t,. ". f , I I I 101 ~, ~I ~I I I II) L_ .. - - -- , I ", ~, ~I "'I "I 'I (II .., I I I J I , , I I I I I I I - .NIsno z~ (\,j ~ ~e .. ~0 .. " . . - - . . . . r~o '" 4- ~ .,~." ~;: t S " "'., ../ ct . I- U) - > ct CBi ..J :;) :J:(\/ ()~ . . co .. . ,~ I ! i: . It)~ , ~ oco Ill; It)r- ii' ~ '" 11.1II '!. l"' ~ eta ~a: ~ ~ N ~ @"! ~ '" \ ~ is - -- ,~ a - -- ~ I&l : N ~~ @", N ..; i:: !!! @ .;. '€. _ i ...... .' . ~' @~ -'~. ~ ~ 1lI ~ Ii\N \:!I.. " - .tVlrp7:;) 'NIS'D7:;J @ " ~ ~ ~ 08 .. v 08 .. e e ~ 'cl " I\j III ~ . t i ~ co~ It . i' ! Ii . "'1. t 11- , .J o _ .. <( : 'ti '0 r . . hi 8~. II; I lie!! Mli D.-,- " EP, . . . . . E-Xl-llf>l i"" \ 1M /J FIDELITY NATIONAL TITLE 2763 Camino Del Rio South San Diego, California 92108 P.O. Box 85589,S.D., CA 92186-5589 INSURANCE COKPANY Phone(619) 295.7332 North County 748.4110 727-1852 & 753.6321 (AKENDED) PRELIKINARY REPORT COX & ASSOCIATES 245 "E" Street Chula Vi.ta, California 91910 Attention: Greg Cox Your No. Our Number 930ll55-SK Date: AuCU.t 30, 1993 Copie. to: Country Club View E.tates 250 Bonita Glen Drive Chula Vi.ta, California 91910 Attn: Greg Cox In response to the application for a policy of titl. insux'ance referenced herein, FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies or Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of faciliuting the issuance for a Policy or PoUcies of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of Policy or Policies of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY-1990 CLTA Owners X Loan PoUcy Binder ALTA LOAN POLICY (10.17.92) WITH A.L.T.A. ENDORSEMENT FORK 1 COVERAGE SCHEDULE OF EXCLUSIONS FROK COVERAGE ALTA Loan Policy ALTA.R ALTA Extended Owners Dated as of AUIU.t 20, 1993 at 7:30 A.M. MARTINE CARDIN-ALLEN Subdivision Title Officer/rap Page 1 FNTC Form No. 27-089-92 ~ J~/)itJ " PRELIKINARY REPORT PAGE NO. 2 ORDER NO. 9301155-SK .......... The estate or interest in the land hereinafter de.cribed or referred to covered by this Report i.: A FEE Title to said estate or interest at the date hereof is vasted in: . SAN DIEGO COUNTRY CLUB, INC., a corporation, as to Parcell, and COUNTRY CLUB VILLA ESTATES, a California general partnership, as to Parcel 2 NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in: COUNTRY CLUB VILLA ESTATES, a California general partnership The land referred to in this report is described as follows: SEE ATTACHED DESCRIPTION '1 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as hereinafter shown. 1. General and Special taxes, a lien not yet payable, for the fiscal year 1993-94. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenu. and Taxation Code of the State of California. 3. An eanment or right of way for the cons truc tion and maintenance of flumes, canals or aqueducts, conveyed to the Kimball Brothers Water Company, by deed dated June 9, 1869 and recorded in Book 7, Page 124 of De.ds. The route thereof across said land is not ..t forth in .aid document. 4. An .a....nt for public road and purpose. incidental thereto, in favor of San Diego Lands, Inc., a corporation, recordad F.bruary 19, 1921 in Book 845, Page 87 of D.eds. Aff.cts Parcell. Refer.nc. is hereby made to said document for full particulars. Said .asement has been granted and reserv.d in various deeds of record. '"'" ~ )5/)'1/ . . . PRELIMINARY REPORT PACE NO. 3 ORDER NO. 9301155-SM 5. An easement for public road and purposes incidental thereto, in favor of San Diego Lands, Inc., a corporation. recorded March 29, 1921 in aook 845, Page 348 of Deeds. Affects Parcel 2. Reference is hereby made to said document for full particulars. Said easement has been grant~d and reserved in various deeds of record. 6. An easement for County highway and purposes incidental thereto, in favor of the County of San Diego. recorded January 12, 1956 in aook 5937, Page 312 of Official Records. Affects a portion of Moss Street as set forth in said document. Reference is ,hereby made to said document for full particulars. Said instrument additionally grants the privilege and right of to extend drainage structures and excavation and embankment slopes beyond the limits of the above described right of way, where required for the construction and maintenance thereof. Affects Parcell. 7. An easement for public street and highway purposes and purpos.. incidental thereto, in fsvor of City of Chula Vista, a municipal corporation recorded March 13, 1958 in aook 6992 . Page 349 of Official Records. Affects a portion of Moss Street as set forth in said Document. Reference is hereby made to said document for full particulars. Affects Parcel 2. 8. A Deed of Trust to secure an indebtedne.. of $38,500.00, December 23, 1983 as File No. 83-469764 of Official Records. le~~ (,( record,) ,_",4 Dated: Trustor: Trustee: aeneficiary: December 19. 1983 FRANK E. FERREIRA, a married man CALIFORNIA-WORLD TITLE COMPANY, a California corporation ALICE STROIlMEYER, a widow ~ - -.... - (l-~ ~;1{~ ,. ,4./ said indebtedne.. should be \ " ~ The amount due, terms and condi tions of determined by contacting the owner of the debt. Affects Parcel 2. 9. A Notice of Consent to Use Land (Civil Code No. 813), recorded June 4, 1981 as File No. 81-174913 and March 20, 1990 as File No. 90-148154, both of Official Records . Affects Parcel 2. ~ )~'il;L PRELIMINARY REPORT PAGE NO.4 ~ ORDER NO. 9301155-SM 10. NOTE: This Company will require a copy of the 1990 FERREIRA Family Living Trust Agreement and any amendments thereto, together with a written verification by all Trustees that the copy of the Trust and any amendments thereto is a true and correct copy, that it is in full force and effect and that it has not been revoked or terminated, at least 1 week prior to the close of escrow. . 11. The requirement that...n affidavit of death of Co-Trustee be recorded prior to close of escrow. Affects: Judith Ann Ferreira's interest as Co-Trustee under the 1990 Ferreira Family Living Trust. 12. NOTE: The requirement that this Company be provided a complete and current copy of the Partnership Agreement for the COUNTRY CLUB VIEY ESTATES Partnership, 'together with a ratification or statement by the partners that the terms, covenants and provisions are still in full force and have not been modified or corrected other than as disclosed to this Company, at least 1 week prior to close of escrow. 13. NOTE: The requirement that this Company be provided a complete and current"",",, copy of the Partnership Agreement for the COUNTRY CLUB VILLA ESTATES Partnership, together with a ratification or statement by the partners that the terms, covenants and provisions are still in full force and have not been modified or corrected other than as disclosed to this Company, at least 1 week prior to close of escrow. ~'": 14. NOTE: Information in possession of this Company indicates the possibility of a division of land ownership If such division is in fact contemplated the transaction would appear to fall within the purview of tha Subdivision Map Act. As a prerequisite to the issuance of a final title evidence, compliance with one of the following provisions of the Subdivision Map Act w11l be required: (1) The recording of a Subdivision Map in compliance with statutes or related local ordinances, or (2) The recording of a Parcel Hap in compliance with .tatutes or related local ordinances, or (3) The recording of a Certificate of Compliance. a. provided by statute, or submission of satisfactory evidence of compliance with or of non-violation of the Act. ""'" ~)~JU . .. . PRELIMINARY REPORT PACE NO. 5 ORDER NO. 9301155-SM 1992-93 TAX INFORMATION: Code Area: Parcel No. 1st Installment: 2nd Installment: Based on Land: 1001 619-100-23 $43.90 POSTED PAID 12/12/92 $43.90 POStED PAID 04/12/93 $6,918.00. Affects Parcel 2. Code Area: Parcel No. 1st Installment: 2nd Installment: Based on Land: 1001 619-100-22 $53.62 POSTED PAID 12/13/92 $53.62 POSTED PAID 04/09/93 $8,354.00 Affects Parcell with other property. NOT!: If taxes are posted paid less than 45 days, the Company will hold the tax amount plus delinquency amount until 45 days has elapsed. If taxes have been paid through an impound account and we are furnished written confirmation of same or you can provide us with a copy of the cancelled check, this requirement will be waived. If a monthly payment of any existing Deed of Truat is mad. within 30 days of closing, the Company will hold an amount equal to that payment until 30 days has elapsed. If a cancelled check can be furnished for this payment, then this hold policy will be waived. The charge for a policy of title insurance, if issued through this Title Order, will be based on the basic insurance rate. ~ /5'//117 ,~~~ ~ ~ ,t> '(i- ~\f '\, .~ .}~~~ J t''1 ~\~~ C' '\J ,r} PRELIKINARY REPORT PAGE NO. 6 ~ LEGAL DESCRIPTION ORDER NO. 9301155-SK PARCEL 1: That portion of Lot 15 in Quarter Section 120 of CHULA VISTA, in the City of Chula Vista, County of San Diego, _tate of California, according to Hap thereof No. 505, filed in the Office of tlie County Recorder of said San Diego County, Harch 13, 1888. Together with a portion of the Westerly Half of Fifth Avenue, as vacated, adjoining said Lot 15 on the East, described as a whole as follows: Commencing at the Northeasterly corner of Robinhood Subdivision No.2, according to Hap No. 3488, on file in the Office of the County Recorder, San Diego County, California, being also a point on the center line of Hoss Street, said point being on the arc of a 2,740 foot radius circle, the center of which bears North 4'47'51" East, a distance of 2,740 feet from said corner; thence Southeasterly along said arc, a distance of 32 59 feet to the TRUE POINT OF BEGINNING; thence continuing along the arc of said circle, a distance of 383.63 feet to a Point of Intersection with the Northerly line of Naples Street, formerly known as Sixth Street, as shown on said Hap No. 505, said point having a radial line which bears North 3'54'21" West; thence North 71'23' East along .aid North line of Naples Street, 179.5 feet to a point in the arc of a 2,700 foot radius curve, concave Northeasterly., concentric wi th said 2,740 foot radius curve; thence Northwesterly along said 2,700 foot radius curve to a radial line of said 2,740 foot radius curve bearing Northeasterly from the TRUE POINT OF BEGINNING; thence Southwesterly along said radial line to the TRUE POINT OF BEGINNING. ""'\ EXCEPTING any portion lying Easterly of the center line of said vacated Fifth Avenue adjoining Lot 15 on the East. PARCEL 2: That portion of Lot 15 in Quarter Section 120 of CHULA VISTA, in the City of Chula Vista, County of San Diego, State of California, according to Hap thereof No. 505, filed in the Office of the County Recorder of said San Diego County, Karch 13, 1888, described as follows: Commencing at the Northeasterly corner of Robinhood Subdivision No.2, according to Hap No. 3488, on file in the Office of the County Recorder, San Diego County, California, being also a point on the center line of Hoss Street, said point being on the arc of a 2,740 foot radius circle, the center of which bears North 4'47'51" East, a distance of 2,740 feet from said corner; thance Southeasterly, along said arc, a distance of 32..59 feet t.o the Northerlv Drolonution of the" ~asterl line of Al ine Avenue be OINT OF BEGINNING, thence continuing Southeasterly along t e arc of said circle, a distance of 383,63 feet to a Point of Intersection with the Northerly line of Naples Street, formerly ""'\ ~: Jf'--/I~ . . . PRELIHINARY REPORT PACE NO. 7 LECAL DESCRIPTION ORDER NO, 9301155-SH known as Sixth Street, as shown on said Hap No. 50S, said point having a radial line which bears North 3"54'21" West; thence South 71"~West along said North line of Naples Street to the Eisterly terminus of a 5th radius curve concave Northea.terly in the Easterly bounaary of Alpine Avenu s described in deed'to the City of Chub Vista recorded August 22, 1956 in Book 6230, Page 2S3 of Official Records; thence Northwesterly along the arc of said 15 foot radius curve 23,50 feet; thence North IS"31' West tangent to said curve to the TRUE POINT OF lEcINNINC. AMENDED OS/30/93 rmp ~ IY/'/~ EXHIBIT A (CONTINUED) AMERICAN LAND TITlE ASSOCIATION LOAN POLICY (10.11.92) WITH A.L.T.A. ENDORSEMENT. FORM 1 COVERAGE AND AMERICAN LAND TiTlE ASSOCIATION LEASEHOLD LOAN POLICY (10.11.92) WITH A.L.T.A. ENDORSEMENT. FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE TtIt foIlowinl fNIMPl lit fSP"",I, P\.c'...o.d "om I~ CCM'r.,,~ 01 ;h" pollC\ .~ Ihf Comp.l"", will not PlY 'o5i or """If. co.". .n"""", , '"'" 0' f'\Pf'I\"", .....tI,ch ,"W bl. fl'.~n 01 I. wI Any"', MINlne. 01 p~f'r\fMnUI resul.lton uncludl"1 bul nof l,m,1f'd 10 bl.J1ld'"J .net loninallWJ, ordiNncf'\. 0' ,,",ul.lloni ItftlllC"tlnl. Pf'Otllb'IIl"l1 or ~I."n, 10 II' Iht occupancy, UN'. or ento\o~l oitlw LInd: lillihe- (....'.C1.', dune''''lOI''li 01 Ioc."ol'l of.ny ImptOlIC'me"hl now or tw"',,"f'f t'M1ed Ol'l rht-l.nd, 1111" ~"l'on in CM'~r\hlp 01 . chin.. in 1M dlrnen.ion. or .ft'. of 1M a.nd 01 '1'1Io p"Cf'1 ot whiCh llw wnd i. Of.... a Pin; or Cwl f"...ifOl'lmPl'll.1 PfO'f'Ction. or tlw eoi'f'C'1 of,rr. \ 101'110" oi I~ I.WI.. OtdiNlncft Of l~rnmP,,~1 ,..",1'110"'. '\(fPIIO tht .\Itonlln., .. "01I,p oi fh(' e"fO~mPnl I~ or .. nollct 01 .. d"-Kl. I.." or f'nCl.lmbrilncf' !'Mulllnp: lrom . vtOl.l;o" Of .1. YlOlit,OtI .H<<1I"1 thto "nd hi.. tlftn f'f'Cotd<<:i In 1M- publIC ft'(~ '1 O.leo of Policy Cbl Any IOIIfrnmeonl.1 policeo ~r nol ~c1udfod ~ 1.- .i'o.~. f"Ct'rIIO Itwo t'\1t'nllt'l.r . notict of Ihr hl'rCIK' theort'C' or , "OIlCt' of. df'ft<1. lito!'! or t'flCun,br,nrt' ~ul"nl 'rom. yiolJlIOt'l, or III~ v.olaltQn .HK'IlnIJheo I.,\d ha~ been ft'Cordf<l "' tht' P\lbliC .-..coreb .1 Dllt' of PohC\. 2. RIll'tn ol t'mif'tt'nl dom.in unleou norict' of lhe- t'...eorCiiof' ft\t-reoof I'w, bHn rl"Cordf'C! In theo publIc ff'Cord~ It Olleo oi Polu:y bul nol ..e1ud1r'l8 ilom C()l,"!.8~ ."\' I.l,ng y..h,ch h.t~ occurl'f'd pllor 10 O.'eo oi Pollc... which WIOuld tx> b'~lnil QI'lIht' rIghI, 01 i purch.~r for vlluf wilhout knO\".If'd8t' 3. o.ff'C1S. lie,". fnCUl'nbr.nct'\. otd~rw cl"m~. or Oll'l..r m,ntf', "I crUlfd. ~ufft'rf'Cl. 'numeod or 'IrHd 10 b.' tht' Ir'I\urf'C! cl"m.nl Cbl nolltnown 10 lt1f Compi,.,." not fKoldf'd In lhe- pub:I' r",ord\ '1 Dilt oi Pol,,, but knoor.'n to lhe- iniureod cl'lfninl ,nd nOt dliel~ In ....rilln' 10 Ita- Comp.tn-. b. tM innlff'(j cl,unlnt p'lor 10 Iht cU,1C' lhe' Iniurfld Cl.,m,nl beoumt .n ,"'ulf'Cl unOtr this polic...; Ie) mu)Unl in no Iou Ot dJrNllf' 10 tM in,ul'l'd e1.im,n!; ."", lell .niKhinK or CR'ilf'd iubMoQ~nllO Oil" or '01,(\. or le, ,,",ulltnl'n 'cK, or (Umilt .....tllch "'01ol10 P'lO: k#.. Mot,,,, \U!Ulntd lllht Inwff'(l cl'I"'.nl h.ad Pild VlI~ lot Ihf ftlit" or '"I"~lln.utf'O t). m,~ pol,C\ .. UM'nlorct'.b.ll~ of It... Itf'n of ttw l"iUff'd fnOl":,.'t' !:w<.u..,. 01 'ht' ,rwb,lI" or 1.,1"", of lhe- In..uf'fld.1 0.." oC Pol,,,,. or ft Irwb,I,l\ 01' ""Iu,," of."" ~ubwoqu"nl ~nt.. 01 the' Indri\Ilf'dl~U. 10 compl~ .Im .apphc.bIt' dOl"' bu'I'l'W'\~ I",",,, 01 1M- ,,,,Ut' 'r'I Vo'hlch rtw l,and " 5ilu"f'CI. S. lnr...hdlfY or III'W'ftiortf.billl\' oiltw I.." oiltw '"iUrpd rnon,.!l't. O' e1...m lhf'ttoof. ....h,Ct- .f1M-\ OUI of ttw t"nwC1ion ....JCkoncf'd b. tht' jn~ul'f'd mo1":f.~t' .nd " b.1wod Up..)I 1,1"," or .~. con~u,",,' cJt'd11 Pl'Otf'(110l"l or ,.....th In /tond,,,,, I",", 6 "'"" ""lLJIOt"I ttt"fl for Wl'\'icfo\. Labol Ot" ""''''''w!+ 'or Ihf' c1.t'" CW ptlOM" or."Y ""MO" I"," for ..rvic~. Labor or INIt'rl.l, ~r Iht' IIf'fl 01 rtw- .n,,,,'fId mor:",.,,1 .,i~inf: irol'fl ." lfnp'~tntnl Of wor" ",l.Ilt'd 10 In. l.nc:I ",hick I~ conlt.n..c 10' .nc:I CDmmeof\(KI wbwcIut'nllO DIlt' of PohC\' and if nor Tirwncf(\ In Yohol~ or In Pol" b, procHeh 0' thf' 1nc:lf'bltdM''' \Kuttd ~.Iht' in\.,~ ~"'f'.... hich.1 0.:, 01 FbIIC\ dw in,uTf'CI ...~ .d\'.nceod Of i\ oblil"lf'd to .o\'"Ct'. 7. A'" cl.lm .....hich .riloe'\ 01,11 01 tht It,)nWCttDn C"'.!t~1 ,ht ,t\IPI'f'\I (II tht fnOf'I$.!=f'I' in"uft'Cl btt. thi5 policy, bt. ruson oi'ht' opprallO'l OIlfodrr.1 b.1nll""tplC'\, ~It' inlOh""",. or ~Imll.1 CtedllOrs' til"I' lfy.". lhat i\ twwc on: III lhe lI.n...Cllon cre.lin. tht inlt't~1 of li"ot ,n'lJrf'd mo"J:i~fIf bfrn. dftn'M'CI .. f'.ud""it'nl C~..nct' 01 i"udul"nl U.n~it"r' or 1111 Ihf' \ubordin.lion Of Iht intfl'ftl of thp :n,utf'd mo+':~ft"C' .~ . ",",11 Ol' It"' .pphUllon of ,he- docUlrw oi 'CIIJ~..blt' Wbo"CII'Il:lon Of li.H 1M It.nwn,on C"""'I.1 tht int."",' 01 r.-p In.u,", rnort~~"' bt'i", df'Pmf'd . prt"K'It'nll.1 ".nloft', ",,"pI ",ht'~ 1hf pft'ft'Ip"'lll,r tt.n,ifol fh.lu ifOm lht' ililUlt. ~l 10 IltM'lv f'fCOfd It\f InSU\ltnt'nl of Ir.nt'f'r or Iblof wc:h f'fCOI'dition 10 dnJNn noIi,eo 10. pc.rrchl5oeo1 lOr \i1IUf' or . ;udllM'nl or I",n credilor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10.11.92) AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10.11.92) SCHEDULE OF EXCLUSIONS FROM COVERAGE ""'" Tht' io!k>Nlnl fNInt'f1o 'N' npreouh t''\Cludf'O irom Iht' c~r.~p O! It\J~ pollC'\ ,nd lhp Comp.a"" wit! nol~' Lou or dI"",.t. CtKI\, .no'nt"r S 1ftS 01 "\Pt'n~~. ",,"'eh .,,;eo b. ~.jo(!r'I 01 1. wI Any 1Mo.'. ordlNlnceoo, ,o..mfl'W'nt.1 ~l,/'.llon unci...d,!'!!t bul nol limited 10 blJlldln~ .nd ronina IIW!>. ordirwnct'\. 01 "'llul.uon\ 1~IIICltnll- prOhtb,llnFt or ",l.llnlt 10 ..! Iht' OC'C"'PolI'IC"r'. t./W'. or C'nloo..rntnl of lhe- I,nd, UIlI'"'.' "',.'.>>C'lt.. Olnl("n~,ont o.lO("illon of.ny Impr~meonl noo" Of !wort'.""r Prt'C1f'd on I'"'t' 1.1'Id. ;U1J. "p,i~.'Ion In CMt'II..,..,n,p or I (tI.nlf" In 1M dlmfn"ons 01 .,.. ollne I.nc O' .'" p""f"1 u' ""h,ch Iht' I.nd is or W.Io, Pol": or IWI t'n+.'I'on1"lpnt.1 prott'(1'Un. Of ....~ t'1!t'(1 0""" \1010'111(1'" Oll"'t".~ ~. orc:hrwnce'~ or aO\.'""lt'n:,1 ""ul.tion< ,,\ct'~: 10 I~t ""It'nr ,n;., . nol'C" ()I' !he ~forc"meonl thf'reool or . nO:lCt' 01 . ~eoCl. Iltn or "/"I(V"'bfl~'CP If'luht"" 110m. viol",on or .II<<'1'd vlOl.lton .nfC1inllht' J.nd hi; bftn rKOrat'Ci i"'l the publIC 1'f'C0rC~ " 0"" or Policy. tb) Any ~mfNn..1 policeo ~..' no! ftCludtd b\.' Ii) I~, ~C"P' to ,he 1h.1,,"1 t!wt . noIic" oi 1M '-'l(iH the-~ Of. notice' oj I MifC1. Itt'" 01 .I"I('O/rnbr.n,. ff'\ul1ln1 from, vioJ"ionor .1I.,.d \ioI.tlOn .Ht-clinIIM I'ne" +w~ bfton re'C'Ordf'd In thfo pubhc ""ord, it o.lf of FbI,C\ 2. Ri,h" of ""in,nl do,.".," unl",,1o "OUC" Of Iht f\t"rc,~ InprtOf h.. bc.of'n reocOfOf'd In the publiC f'fCOtds II 0.1t' oi Poli".. ~ nol....c1udln. t'C:TI COlo.r..~(..~ "'Inll whIch has OCCU".,a prior 10 0'1t' or 'Ohey which .ot.Ikf bt' blnCh"1 on Itw fllhts 01 . purttwlw, for ..Iw wilhol.rllLncM'II'd,eo. J Orrf"CH. Ii,"). t'ncumb"ncf>l.. ad\.rw d.lf"'., or Otht'. "....~t'... iii ctf.leod, wtiPrN, .numf'd or "1fIK 10 b. the In,ul't'C cl.,"!":.n:: lbl not "nov.'n 10 tht' Comp,a"... no! fKO"Ot'C In lhf' piObhC tfoo:o'd. .1 0.1t' 01 Fbhn blJlll"I(M'n 10 the> Iniurt'd cl<>>inwnl.1'I(I rIOl Cl'.cl~ In "Itl'~)ll[l:h(o Comp,ln<. I" lh(' Irttlol'''od c1.I"~nl pUOI 10 Ifwo cUle' 11'1" In,..,,<I d"lnloln~ tIIrl. .In". ,n Inwft"d ",neit" Ih.. pollC'). IC' !hullln8 in no 10\\ 0' dim.,t' 10 Iht' Ir...:~t"C C!.'m.l~~ Id '~'fhrn~ d. creil('(\ "U&.f'QUf'nl '0 Olilt 01 Fbi,c' O' If I ~loItl.nJ I"~, or cWfTW~ ~hlch MOVle~: n",t' blof'... ;':':.l~ II fhco ,"),UIP(; cI.rm.nt N, p.ld \..Iueo 10, Iht' ~I.!t' 0' II":'t't'i: l!'l~Ur.c: :t'. :!':I' OOilC'l. 4. An. (w,m wNch.riK'-. OUI 01 thf' tf,l'tWC':iOI' \"':::-:, In the 1.,.I.''l''d I'l'W ftUIt' Ot 1"1t"!Pol iMUf'fCl brr Ihi, pohcv. ~ "'.~ of rtw opt'~:~ '" Ifdt'r.! b.1"1ll'\J;NC\. SUlt'insolwnc) or ,imil.r Cted,IOf1o' rilhb I~,. tNl If biif'C 01'1' III rhf' ".".aCtion crutin, Itw f'SWf. 0' i"lt'r~lln'l.IrN bo. Ihj~ pol:C\ bt'lnlOttmeod . ~uduttnl C'On\....na or fr,ud...~1 tf"'Wpr: 0' (". fhto t"nlolC1ion C""inlllhf HI"t' 01 '''ll."!"!! i"lkirtC tt. dlj, pol,,,, bf'inCdfttM'C' . Pfl"Plf'fttwllr,"'r ~fC)I ....'hf'r~ ''''t' pr-.If'"'f'r:.:..! ".nslt. '....,lh iro", Iht iiiluI" &1110 Imwlr 1I'COI'd" ins""",,,", 0' Iran_I': 0' .b' or WCh fl'CO-:Wllon 10 '"'PI" no",.. 10 . PUf'tNWI fot VII.,. or . tud'fnf'nl or j f:t Cfl'C!.IOI lht' Abc:Mo ALl'" pohC\ form\ ~. btt iiwtd 10 nord f'ilht', Su,,*rd Cor.ef. or Eu.nded CcMor.... In ldcIiltQn 10 Ihe.~ hclJAioM irorn CcMotqt. 1ht' lllUPltons hm C~.. in . SUindard Cooelllf poliC\' will . incIucIf .. toIlowtna c.n.,.1 baptions: SCHEDULE 8 EXCEPTIONS FROM COVERAGE This policy don f'IOI insure Allin" Lou 01' .""1' find Iheo Com~m. will not ~. COSU. 1ftOmrt... ... Of flt.pt'MtII which .,i., D,- '"IOn oi: "'IT 1 1. TlIOtI Of fiMlimefllS whictl.re not shown" Dllllnlli.n, b,- thto rKOrdi oi.".,. &l1\lnl 3. ~ Iient orencumbrances. 01' cl,ai:'nS~, whiCh ~ not ihown by Iht ~ .UIhorlry thai ~"'" 11...... or "M'S''''''nl$ on re,l proPf'rty Ot ~ tht P\lbllc fIKOItI, l'tCord,. , PtoC'ftdinp b,o . publiC 'I"'""'" whIch rN\' ,"uh in I...... or iliwnrneonllo, 01 noIiCf>i, .e. DiKl'f'Pilncift. conflicts In boUnc:lIl'\ &j,....,.. 'no.,.~t' in ."'., ""frwC'hnwnl"- Co . > 01 wch PfOCetdlflll'. "'''''''eor or not $tovn ~. Tnt r",orocls Of MlC'h .lpnC\, or 0.' Iht' Ofhtr ",n, wttich . COffK'1 Mt!Wlo ....oU;C caclo;t'. .nd Y.hl('t! .IP noI ~'n by th(' public ""old". punllc tKotd", 2. Any fllcu. fiJhK. intt'ff'I" Of cJ.im, ",hich.", nol ~hO\\n btt, Tn. publiC ff'('ord, bY! S. I.! Lnp,trnted minin. Claims: lbl f'I'lof'~'I:!O!'IJ. or ~t'p:'or\j in p"lt'nlS or in Act~ which CCM.Ild btt 'Kt'n.ll''fd b.' In InspecllOtl 0; Itw I.nd Of Yo hl,h rN\' be uwn<<l .ulhonll"' ttw iuuanCt' ,ht'red; leI ""'Itt'r ",,",n. cl.llmi or tillt' 10 "''''''. wht'rheor or ~ Pl'lIOIIs in posleUlon the-reo!. nD1Jheo man"" hCeP'ed ",,*r wJ. IbJ. or C' .,. 5hown I:rt.Jheo public fKolcb. ~ /~/'17 . [)(ki\oit- N ADDENDUM TO 15-94-01 VACATION OF A PORTION OF MOSS STREET PROJECT NAME: Vacation of a portion of Moss Street PROJECT LOCATION: Moss Street between Naples Street and Alpine Avenue PROJECT APPLICANT: San Diego Country Club and Country Club Villa Estates PROJECT AGENT: Greg Cox of Cox and Associates CASE NO.: IS-94-0 1 I. INTRODUCTION . The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendwn to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; 2. Additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. This addendwn has been prepared in order to amend the project description to include additional requirements that will improve traffic circulation . These minor changes are improvements to the project and will further reduce the potential of any significant environmental impacts. As a result of this analysis, the basic conclusions within the negative declaration have not changed. All impacts are found to be less than significant. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendwn to the negative declaration for the vacation of a portion of Moss Street. n. PROJECT DESCRIPTION . The proposed project originally consisted of the vacation or closing of a 30,800 sq. ft. section of Moss Street east of Alpine Avenue and west of First Avenue. The northern portion of Moss Street will become part of the holdings of the San Diego Country Club and the southern half would be added to the triangularly shaped parcel to the south. Discretionary actions that are required for this include the ~ if'~){~ . fmding of General Plan Consistency and the action for approval of the closing of Moss Street. The applicant's eventual plan is that the San Diego Country Club will quit-claim or transfer title of their -"""\ portion of Moss Street to the County Club Villa Estate's partnership in consideration of the Country Club Villa Estate's partnership installing the missing curbs and gutters on the San Diego Country Club side of the Street. Access to the property will be allowed along Naples; however, access on Moss Street will be limited to one driveway at a location determined to provide safe ingress and egress by the City Traffic Engineer. The applicant eventually plans to apply for a tentative parcel map for 4 units or subdivide the property into 5 units. Under the original project description, the applicant was required to widen Alpine A venue from the current 20 feet to 52 feet. The developer will install curb and gutter, and pavement along the north side of Moss Street between Third Avenue and Alpine Avenue. The installation of street improvements on the east side of Alpine Avenue between Moss Street and Naples Street and pavement, curb, and gutter on the north side of Naples Street, between Alpine Avenue and the current intersection of Moss Street and Naples Street will be a requirement of the development of the triangular parcel. The amended project description includes a stop sign installed on Naples at Moss Street, to create a three-way stop controlled intersection and attendant warning devices as deemed necessary by the City Traffic Engineer. These traffic measures enhance traffic safety and provide more efficient flow of traffic within this area adjacent to the project. These street improvements were included to address the traffic concerns of residents. III. PROJECT SETTING The project setting consists of a 30,800 square foot section of Moss Street immediately east of the westerly stub street of Alpine A venue and immediately north of the intersection of First Avenue and Naples Street. Immediately south of the above described section of Moss Street is a vacant 8,322.98 square foot triangular piece of vacant land. Single family homes are located to the west across Alpine Avenue and to the south across Naples Street. The San Diego Country Club, a golf course with club house facilities, is located to the immediate north of Moss Street. To the east of the proposed project is neighborhood shopping. ""'" Ill. IDENTIFICATION OF ENVIRONMENTAL EFFECTS Traffic The negative declaration analyzed potential environmental effects of the project and found that all impacts could be mitigated to a level below significance. Some of the concerns raised by residents subsequent to the negative declaration being posted with the County of San Diego on September 27, 1993, included concerns of: (1) Increased traffic and high speed, (2) Stacking of traffic on Alpine going onto Naples, (3) Air Quality, (4) Safety of children going to school and (5) that the closing of Moss Street at Alpine would create a knuckle of 90 degrees which would be dangerous. Engineering staff responded as follows: (1) Increased traffic and hilZh sneed - The proposed project intersection is currently at Level of Service (LOS) "A" and will remain at "A" after the project is completed. Traffic flow will improve in the area. Conflicts with other vehicles will be reduced from the widening, which will allow separate turning lanes. Traffic will also slow down with the installation of a stop sign on Naples at Moss Street, creating an all-way stop. """ ~ )S--/ij7 '. (2) (3) (4) (5) . V. . Stackine of traffic on Aloine eoine on to Naoles - The requirement that the applicant install an all-way stop at the North end of Alpine will reduce the queuing effect caused by motorists waiting for an adequate gap in traffic. The street section of Naples that the applicant will be required to construct would adequately handle the expected traffic in the area. Air Oualitv - Concern was raised about the air quality at Moss where it intersects with Naples as a result of traffic that is sometimes backed up, going east six to eight cars deep. Staff consulted with an Air Quality expert who stated that the project is in conformance with the existing Air Basin Plan. Safety of Children - Residents stated that it would be dangerous for elementary school children to walk to school along Naples without.a sidewalk. The addition of a stop sign insta1led on Naples at Moss to create a three-way stop controlled intersection and attendent warning devices will improve the safety of the area. If the applicant does proceed at a later date with plans for a subdivison, then the applicant would be required to fund the construction of sidewalks within the subdivision and may be required to fund some of the offsite infrasture as well. Closine of Moss Street creatine a "DOIzlee" - Concerns were raised that the closing off of Moss Street at Alpine would create a "dogleg" of 90 degrees which would be quite dangerous with the rate of speed the cars traveling on Moss Street. The traffic engineering staff will review the proposed plans when submitted and will apply applicable City and State roadway standards. CONCLUSION Traffic impacts are found to be less than significant and within the acceptable range of LOS C or better in accordance with the City of Chula Vista's General Plan. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Negative Declaration adequate under CEQA. REFERENCES General Plan, City of Chula Vista Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures EIR-89-11 Memorandum from Hans Giroux to Barbara Reid, 10/22/93 and telephone conservation re: Air Quality ~/~---/f() negative declaration ~ PROJECT NAME Vacation of a Portion of Moss Street PROJECT LOCATION Moss Street between Naples Street and Alpine Avenue ASSESSOR'S PARCEL NO' Not applicable as streets fall under the non-assessed tax roll PROJECT APPLICANT. San Diego Countiy Club and Country Club Villa Estates CASE NO' IS-94-01 DATE. September 27, 1993 A. Proiect Setting The project setting consists of a 30,800 square foot section of Moss Street immediately east of the westerly stub street of Alpine A venue and immediately north of the intersection of First A venue and Naples Street. Immediately south of the above described section of Moss Street is a vacant 8,322.98 square foot triangular piece of vacant land. Single family homes are located to the west across Alpine A venue and to the south across Naples Street. The San Diego Country Club, a golf course with club house facilities, is located to the immediate north of Moss Street. To the east of the proposed project is neighborhood shopping. """" B. Proiect DescriDtion The project description consists of the vacation or closing of a 30,800 sq. ft. section of Moss Street east of Alpine A venue and west of First A venue. The northern portion of Moss Street will become part of the holdings of the San Diego Country Club and the southern half would be added to the triangularly shaped parcel to the south. Discretionary actions that are required for this include the finding of General Plan Consistency and the action for approval of the closing of Moss Street. The applicant's eventual plan is that the San Diego Country Club will quit-claim or transfer title of their portion of Moss Street to the Country Club Villa Estates in consideration of the Country Club Villa Estates installing the missing curbs and gutters on the San Diego Country Club side of the Street - the remaining portion of Moss from Third Avenue to the realigned Moss stub street of Alpine. Access to the property will be allowed along Naples; however, access on Moss Street will be limited to one driveway at a location determined to provide safe ingress and egress as determined by the City Traffic Engineer The applicant eventually plans to apply for a tentative parcel map for 4 units or subdivide the property into 5 units . C. Comoatibility with Zoninl! and Plans The eventual plans to apply for a tentative parcel map for 4 units or a subdivision for 5 units will be in compliance with the zoning and General Plan designation for the project site, which is single family residential. ~ IS/)5? ~ ~ {rt.. -fJ- ==~~....,. - city of chula vllta planning department CI1Y OF environmental review Hcllon CHUIA VISTA . . . D. Identification of Environmental Effects An initial study conducted by the City of Chula Vista determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. A Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Traffic Traffic Engineering has determined several traffic measures should be implemented relating to the proposed vacation of Moss Street. The applicant must allow for an increase of right-of-way on Naples and Alpine Street adjacent to the southern parcel on Moss Street in accordance with the City of Chula V ista roadway design standards. The applicant is proposing to install curb and gutters within a 3 year period from the transfer of property subsequent to the approval of the street vacation. The project will include stop sign controls at Moss Street and Naples Street and attendant warning deyices as deemed necessary by the City Traffic Engineer A stop sign will be installed on Naples at Moss Street to create a three-way stop controlled intersection. The applicant must provide a 52' roadway which will be an expansion from the existing 20' roadway These traffic measures enhance traffic safety and provide more efficient flow of traffic within this area adjacent to the project. E. Water Due to recent drought conditions, as a condition of project approval, the applicant must agree to no net increase in water consumption or panicipate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. F. Mitil!ation necessarv to avoid sil!nificant effects As no significant effects are expected mitigation measures are not necessary. G. Mandatorv Findinl!s of Sil!nificance Based on the following fmdings, it is determined that the project described above will not have a significant environmental impact and no environmental impact report needs to be prepared. 1. The project has the poteutial to substantially degrade the quality of the eoviromnent, substantially reduce the babitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfoSllllh.lnlnlf levels, tbreateo to ..un.lnate a pIant or animAl community, reduce the IlUIDber or restrid the J'lIIIIl! of a rare or epdAlllered pIant or animal, or ooIlmlnate Important eumples of the ~or periods of California history or JIfthlstorY. The proposed project, the vacation of Moss Street does not have the potential to degrade or reduce any existing habitat as the project consists of the closing of a street and has therefore been denuded of any habitat long ago. -2- y-s- )5'///,;L- 2. The project bas the potential to achieve short-term enviroomental goals to the disadvantage of long-term enviroomental goals. ""'" This project is consistent with the general plan and does not have the potential to achieve short term environmental goals to the disadvantage of long term environmental goals with guidelines. 3. The project bas possible effects which are individually limited but cumulatively considerable. As used in the subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. This project does not have the potential to have effects which are individually limited but cumulatively considerable. The main concern raised by residents was in regard to traffic flow The traffic engineers who reviewed the project have determined that the inclusion of: stop signs on Naples at Moss Street to create a three-way stop controlled intersection, and provision of a 52' roadway which will be an expansion from the existing 20'roadway will enhance traffic safety and provide a more efficient flow of traffic within this area. Staff are confident that, based on this determination, the project does not have cumulatively considerable impacts. 4. The enviroomental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. ""'" The proposed project will not cause a substantial adverse effect on human beings either directly or indirectly as it must meet all Code requirements and requirements of various City departments. H. Consultation I Individuals and Orl!anizations City of Chula Vista. Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Frank Herrera-A, Planning Martin Miller, Planning Steve Griffin, Planning Ken Larsen, Director of Building and Housing Alex Saucedo, Building Department Carol Gove, Fire Marshal Rod Hastie, Fire Department Captain Keith Hawkins, Police Department Mary Jane Diosdado, Police Department Martin Schmidt, Parks and Recreation Department 1 ~ /5--)~;; . . . Barbara Reid, Planning Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: San Diego Country Club and Country Club Villa Estates 2. Documents Chula Vista General Plan Safety Commission Report, 9/9/93 Speed Limit - Engineering/Traffic Survey: Naples Street (Third Avenue-First Avenue) Naples Street (First Avenue-Hilltop Drive) Memorandum from Hans Giroux to Barbara Reid, 10/22/93 3 Initial Studv This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for the Negative Declaration. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. \MOSS.ND ~ /5"~ /Sf -4- Case No. 94-01 ........" APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) Background Environmental Impacts 1. Earth. Will the proposal result in: m MAYBE NO a. Unstable earth conditions or changes in geologic substrUctures? 0 0 . ~ b. Disruptions, displacements, compaction or overcovering of the soil? 0 0 . c. Change in topography or ground surface relief features? 0 0 . d. The destrUction, covering or modification of any unique geologic or physical features? 0 0 . e. Any increase in wind or water erosion of soils, either on or off the site? 0 0 . f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 0 0 . g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 0 0 . .......... ~Y/f~ ICHECKLST .MOS Page 1 . Comments: As the site currently is developed as a road and the proposal is to vacate the road, there are no changes in conditions expected that could lead to an increase in wind or water erosion. 2. Air. Will the proposal result in: YES MAYBE ~ a. Substantial air emissions or deterioration of ambient air quality? 0 0 . b. The creation of objectionable odors? 0 0 . c. Alteration of air movement, moisture, or temperature, or any change in climate, either local1y or regionally? 0 0 . Comments: The project is in conformance with the existing Air Basin Plan. 3. Water. Will the Proposal result in: YES 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 . d. Change in the amount of surface water in any water body? 0 0 . e. Discharge into surface waters, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? 0 0 . f. Alteration of the direction or rate of flow of ground waters? 0 0 . g. Change in the quantity of ground w~ters, either through direct additions or withdrawals, or through interception 'of . an aquifer by cuts or excavations? 0 0 . h. Substantial reduction in the amount of water otherwise available for public water supplies? ~ J5'/I3'iP 0 . ICHECKLST .MOS Pase 2 i. Exposure of people or property to water related hazards such as flooding or tidal waves? """ o o . Comments: This project is not in the Coastal Zone and there are no rivers or wetlands or other sensitive aquatic resources within the immediate area that could be impacted by the project. The Threshold/Standards Policy does not apply to this project. 4. Plant Life. Will the proposal result in: m. MAYBE NO a. b. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? o o . Reduction of the numbers of any unique, rare or endangered species of plants? o . o c. Introduction of new species of plants into into an area, or in a barrier to the normal replenishment of existing species? o o . d. Reduction in acreage of any agricultural crop? """" o o . Comments : The project is in an urbanized area of the City and the site is developed as a road. The project will not result in any changes in diversity of plant or llnimlll species. 5. \CHECKLST.MOS Animal Life. Will the proposal result in: m. MAYBE .1:iQ a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfISh, benthic organistns or insects)? o o . b. Reduction of the numbers of any unique, rare or endangered species of llnimlll.? o o . c. Introduction of new species of llnimllls into an area, or result in a barrier to the migration or movement of animals? o o . d. Deterioration to existing fish or wildlife habitat? o . o ......... ~JY/.s-? ~ Page 3 . . . Comments: The project is in an urbanized area of the City and the site is developed as a road. The project will not result in any changes in diversity of plant or animal species. 6. Noise. Will the proposal result in: m MAYBE lill a. Increases in existing noise levels? o o . b. Exposure of people to severe noise levels? o o . Comments: It is expected that the traffic that currently travels on Moss Street will begin to use Naples. As a result of this change, the homes on the westerly stub street of Alpine Avenue would experience less traffic and noise. The homes along the south side of Naples may experience additional noise from additional travelers along that route. However, discussion with our acoustician has determined that the additional traffic will not bring the noise to a level of significance. 7. Light and Glare. Will the proposal produce new light or glare? m MAYBE lill o 0 . Comments: There may be additional light along Naples Avenue as a result of the vacation of Moss Street but is not expected to be above the level of significance. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? m MAYBE lill o o . Comments: The vacation of Moss Street will improve traffic circulation and the land use will coincide with the surrounding residential land designation in the general plan. 9. Natural Resources. Will the proposal result in: XES MAYBE l:iQ a. Increase in the rate of use of any natural resources? o o . Comments: No natural resources are expected to be impacted. The proposal, therefore, is not expected to increase the rate of the use of natural resources. 10. RIsk of Upset. Will the proposal involve: XES MAYBE l:iQ a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident -or upset conditions? o . o ~ /5- /5'r /' Pqe4 \CHECKLST .MOS b. Possible interference with an emergency response plan or an emergency evacuation plan? o o . -"'"'\ Comments: No hazardous materials or substances will be stored on site. Therefore, there cannot be a risk of an explosion or release of hazardous substances in the event of an accident or upset conditions. 11. Population. Will the proposal alter the location distribution, density, or growth rate of the human population or an area? m MAYBE lill o o . Comments: The proposed project involves the vacation of Moss Street and will not involve the construction of more residential units. The population will not increase. A tentative parcel map or subdivision map for the division of the project site into no more than 5 parcels may be submitted in the future . This future proposal for the use of the site will increase population, but the 'impact of five families would be below the level of significance. 12. Housing. Will the proposal affect existing housing. or create a demand for additional housing? m MAYBE lill o o . ~~: ~ The proposed project will not involve the construction of any new housing and will not create a demand for more housing in the project area. A future project may involve the building of a small number of homes but this would not place a significant demand on current services and natural resources in the project area. 13 Transportation/Circulation. Will the proposal result in: m MAYBE lill a. Generation of substantial additional vehicular movement? 0 0 . b. Effects on existing parking facilities, or demand for new parking? 0 0 . c. Substantial impact upon existing transportation systems? 0 0 . d. Alterations to present patterns of circulation or movement of people and/or goods? 0 0 . e. Alterations to waterborne, rail or air traffic? 0 0 . ~ f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 0 0 . \CHECKLST,MOS }H-2 /5- /Jij Page S . g. A .large project. under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips). o o . Comments: The proposed project will shift traffic from Moss Street to Naples Street. However, impacts to traffic and circulation are not significant. The proposed project street improvements will improve circulation and safety at the intersection of Moss Street and Naples Street. 14. Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: , m MAYBE l::lQ a. Fire protection? 0 0 . b. Police protection? 0 0 . c. Schools? 0 0 . d. Parks or other recreational facilities? 0 0 . e. Libraries? 0 0 . . f. Maintenance of public facilities, including roads? 0 0 . g. Other governmental services? 0 0 . Comments : . Traffic Engineering staff recommends that the roadway be expanded to 52 feet, that access to the property be allowed along Naples but limited on Moss Street to one driveway at a location determined to provide safe ingress and egress as determined by the City Traffic Engineer. The project will include stop sign controls at Moss and Naples and attendant warning devices as deemed necessary by the City Traffic Engineer. A stop sign will be installed on Naples at Moss Street, to create a three-way stop controlled intersection. These traffic measures enhance traffic safety and provide more efficient flow of traffic within this area adjacent to the project. The street improvements would require an increase in City right-of-way in accordance with City of Chu\a Vista street design standards, by the property owner of the proposed project. These street improvements will address the traffic concerns of residents and improve traffic circulation in the project area. The proposed project is a street vacation and will not create any impact on public services. The Fire Department and Police Department have not noted any Fire or Police protection in relation to this project. The project site may be developed in the fulUre as single-family housing. This possible development will be no more than 5 parcels and the population increase will not place a significant impact on public services in the project area. (~ J5~/t/(J PIle 6 \CHECKLST.MOS 15. Energy. Will the proposal result in: ~ MAYBE NO Use of substantial amount of fuel or ""'" a. energy? 0 0 . b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? , 0 0 . Comments: The proposed project wilI not involve any energy use and wilI not create any energy demands. 16. Thresholds. WilI the proposal adversely impact m MAYBE NQ the City's Threshold Standards? 0 0 . Comments: As described below, the proposed project does not adversely impact any of the seven Threshold Standards. A. FirefEMS The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. The City of Chula Vista has indicated that this threshold standard """" wilI be met, since the nearest fire station is 1-1/4 miles away and would be associated with a 3 minute response time. The proposed project wilI comply with this Threshold Standard. Fire Department access is not compromised and use of existing fire hydrant is not compromised. B. Police The Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project wilI comply with this Threshold Standard. C. Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. ~ Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project wilI comply with this Threshold Standard. ~ J,-;;--/~I Page 7 ICHECKLST.MOS . . . The proposed project intersection is currently at level of service . A. and will remain at . A. after the project is completed. D. Parks/Recreation The Threshold Standard for Parks and Recreation is 3 acres/I ,000 population. The proposed project will comply with this Threshold Standard. E. Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master PJan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The proposed project will not significantly impact storm water flows and is consistent with the Drainage Master Plan. F. Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The proposed Moss Street vacation will not have a significant impact on sewage volumes and is consistent with Sewer Master Plan. G. Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of ChuJa Vista has in effect at the time of building permit issuance . The proposed project will not jeopardize water quality standards because future construCtion will not be significant. 17. Human Health. Will the proposal result in: m MAYBE NQ a. Creation of any health hazard or potential health hazard (excluding mental health? o o . b. Exposure of people to potential health hazards? o o . \CHECKLST .MOS ~ )~./)~,J.., J>a8e 8 Comments: The proposed project will not create any significant health hazard. The traffic shift will not ""'" create any health hazards due to its close proximity to the Moss Street vacation. The additional few homes that may be developed on the site in the future will be aesthetically more pleasing than the public street that currently exists on site. 18. Aesthetics. Will the proposal result in: XES MAYBE lID a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? o o . b. The destruction, or modification of a scenic route? o o . Comments: The Moss Street vacation will not allow for the possible development of no more than five units in the site. 19 Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? m MAYBE lID o o . Comments: ,.....,,, The proposed project will not significantly impact recreational opportunities. Parks and Recreation did not note any concerns. 20. Cultural Resources. m MAYBE lID a. Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? 0 0 . b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? 0 0 . c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? 0 0 . d. WilIlhe proposal restrict existing religious or sacred uses within lhe potential impact area? 0 0 . e. Is the area identified on the City's """" General Plan EIR as an area of high potential for archeological resources? 0 0 . \CHECKlST.MOS JS---/~ J Page 9 cN--tti . . . Comments: The proposed project is in an urbanized area of the City and will not impact any cultural resources. 21. Paleontological Resources. Will the proposal result in the alteration of or the destruction of paleontological resources? m MAYBE HQ o . o Comments: The proposed project site is in an urbanized area and will not result in the determination of paleontological resources. 22. Mandatory FIndings of Significance. ~ MAYBE rm a. Does the project have the potential to degrade the quality of the environment. substantially reduce the habitat of a ftsh or wildlife species, cause a ftsh 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? o o . Comments . The proposed project, the vacation of Moss Street does not have the potential to degrade or reduce any existing habitat as the project consists of the closing of a street and has, therefore, been denuded of any habitat long ago. b. Does the project have the potential to achieve short-term goals to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, defmitive period of time, while long-term impacts will endure well into the future.) o o . Comments: The City Traffic Engineer has found that the requested vacation, along with the recommended conditions of approval. would meet the General Plan Circulation Element street standards, and would ..nha""-C traffic safety by etiminahng the acute angle at which Moss Street now intersects with Naples Street. The Circulation Element diagram shows Moss Street intersecting with Naples Street near First Avenue and/or Alpine Avenue and thus the proposed configuration would be consistent with the General Plan. The project complies with long-term environmental and land use goals of the City. c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact two or 1 ~ J J..? - t Pa&e 10 \CHECKLST.MOS more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) """ o o . Comments: This project does not have the potential to be individually limited but cumulatively considerable. The main concern raised by residents was in regard to traffic flow. The traffic engineers who reviewed the project have determined that the inclusion of: stop signs on Naples at Moss Street to create a three-way stop controlled intersection and provision of a 52' roadway which will be an expansion from the existing 20' roadway will enhance traffic safety and provide a more efficient flow of traffic within this area. The street improvements will improve circulation and safety at the intersection of Moss Street and Naples Street and will address the traffic concerns of residents. Staff are confident that based on this determination, the project does not have cumulatively considerable impacts. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? o o . ~omments. The proposed project will not cause a substantial adverse effect on human beings either directly or indirectly as it must meet all Code requirements and requirements of various City departments. """ '""'\ \CHECKLST.MOS ~ ~/k3 Page 11 . \. Al-'PUCATION CANNOT.l. ACCEPTED UNLESS SITE .PLAN IS FOLDED TO FIT INTO AN 8.1{2 X 11 FOLDER INITIAL STUDY City of Chula Vista Application Fonn For OffICe U~ 0nlt3' Case No. IS- q4 - I DpsL AmnL. . DV iRcccipt No. 'DIleRcC'd. Acc;epted by Project No. FA- DpsLNo.DO-()~1 CIP No. . 'Jle1aIed Case No. A. BACKGROUND 1. Project Title Vacat.ion of a nortion nr Mnt=t= ~+r~~ 2. Project Location (Street address or description) MossStreet between Naples Street and~Alpine . Avenue Assessors Book, Page &. Parcel No. Legal -description attached Brief Project Description Vacation of a portion of:;Moss Street between Naples Street and Alp1ne Avenue 3. 4. Name of Applicant San Dieco Cotlntcry Cl nh Ann Cnnnt-ry ("1 nh vi 1 'lltates . Address 250 Bonita Glen Drive Fax# --- City t:tllila vista State CA Name of Preparer/Agent Greg Cox Address3l30 Bonita Rd, Suite 200 Cny Chula vista Relation to Applicant Consul tant Indicate all pennits or approvals and enclosures or documents required by the Environmental Review Coordinator. . s. 6. Phone --- Zip 91910 Fax# 691-9854 State CA Phone 585-7007 Zip 91910-3263 a. Permits or approvals required. _ General Plan Amendment _ Rezone/Prezone _ Grading Penmt _ Tentative Parcel Map _ Site Plan &. AJch. Review _ Special Use Fermit _ Design Review Application _ Tentative Subd. Map _Redeve\opmellt Alene)' OPA _ Redevelopl""'" Agency DDA Public Project - ADDeUtiOD - _ Specific Plan _ CooditiODal Use Permit Variance = Coastal Development x 0Iber Permit - Street vacation If project is a General Plan Amendment andIar rezone, please indicate the change in cIcsisnarlon from Not. 8npli~Ah'~ to Enclosum or documents (u required by the Enviranmental Review Coordinator). Arch. E1evllioos Hydrolopcal Study - ,,,"ds(",p<! Plans - BiolOJical SllIdy = Tentative Subd. Map - ArchaeOIOJical SllIdy JJnprovement Plans - Noise ....ses......ut - Soils Report - 0lJIer AJeDC)' Permit = Qeotechnical Report JC 0Iber Site plan ~/~-)~? b. . _ Grading Plan _ Parcel Map _ Precise Plan _ Specific Plan _ Traffic Impact Report _ Hazardous WUte Assessment ___.____........ & _ _..... Ul'Il'.\M\ tR.I'. UIZ1S'3} ""1 . . B. PROPOSED PROJECT """" 1. a. approx. .30 800 Land Area: square footage ' or acreage If land area to be dedicaled. sw.e acreage and pwpose. purposes. Tn.,- pnnl;,.. .,.t"'\~d/ City of Chula Vista Dresen~lv ha~ ~n _~Q~mAn+ b. Does the project involve the construction of new buildings, or will existing structure be utilized? /Jo Complete this section if project is residential or mixed use. not applicable a. Type of development:_ Singl~ Family _ Two Family _ Multi Family _ Townhouse _ Condominium Total number of structures Maximum height of structures Number of Units: I bedroom 2 bedroom 3 bedroom 4 bedroom - Total Units Gross density (DUttotal acres) Net density (DU/total acres minus any dedicalion) Estimated project population Estimated sale or rental price range Square footage of structure Percent of lot coverage by buildings or structures Number of on-site parking spaces to be provided Percent of site in road and paved surface 3. Complete this section if project is commercial or industrial or mixed use. not applicable a. Type(s) of land use b. Floor area Height of suuetures(s) c. Type of construction used in the structUre 2. b. c. d. e. f. g. h. """" i. j. k. 1. d. Desaibe major ICCCSS points to the structIIrCS and the orientation to adjoining properties and streets e. f. Number of on-sire parking spaces provided Estima1ed number of employees per shift Number of shifts Total Estimated number of customers (per day) and basis of estimate """\ g. _~ J'p~/rf, ') WI'C:F~nl..uJ(RoI.IO_)(RoI.Imu3) / P.,.2 . h. i. j. k. 1. Estimated number of deliveries per day Estimaled range of service area and basis of estimale Type/extent of operations not in enclosed buildings Hours of operation Type of exterior lighting 4. If project is other than residential. commercial or industtial complete this section. a. Type of project Street vacation b. Type of facilities provided none c. d. e. f. g. . h. Square feet of enclosed StlUctures n / a Height of StlUc:ture(s) - maximum n/ a Ultimale occupancy load of project n/ a Number of on-site parking spaces to be provided n/a Square feet of road and paved surfaces existina asohal"'- will be r..mnved Additional project characteristics proiect will result in ~he T~mnv~l nT ~pp~nY;m~~~'y 30,800 square feet of asphalt. C. PROJECT CHARACTERISTICS 1. Will the project be required to obtain a pencit through the Air Pollution Control District (APeD)? No 2. Is any type of grading or excavation of the p.opert)' anticipated? Not at this "'-ime If ycs~ complete the following: L Excluding trenChes to be bacIdiIled. how many cubic: yards of eanh will be excavated? . b. How many cubic yards of fill will be pllc:ed? How much area (sq. it. 01' acres) will be lfaded? What will be the: Maximum depth of cut A velllC depth of cut Maximum depth of fill Avenge depth of fill c:. d. . ~ /5-)i->r ~011....." (Iof. 1000.PS) (101. 1m.PS) .... 3 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.) None """'" 4. Indicate the amount of natural open space that is pan of the project (sq. ft. or acres) None S. If the project will result in any employment opportunities describe the nature and type of these jobs. 'Temporary constructi,on jobs for public improvements 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? No 7. How many estimated automobile aips, per day, will be generated by the project? Auto trios will be elimina+pn nn pn~+;nn n~ Mn~~ ~~~~O. ~n be vacated. 8. Describe (if any) off-site improvements necessary to implement the project, and their points of ""'" access or cOMection to the project site. hnprovements include but not limited to the following: new streets; street widening; extension of gas, electric, and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. See attached. D. DESCRIPTION OF ENVIRONMENTAL S~G 1. Geolol!V Has a geology stUdy been conducted on the property? (If yes, please attach) Has a soils report on the project site been made? (If yes, please attach) No No 2. Hvdrolol!V Are any of the following features present on or adjacent to the site? t,l" (If yes, explain in detail.) a. Is there any surface evidence of a shallow ground water table? t1" ""'" ~J~/~9 WPC-~O:U.AJ13 (Rof, 1020.93) (Ild. 102U3) , P.,.4 . . . Are there any watercourses or drainage improvements on or adjacent to the site7 No c. Does runoff from the project site drain directly in to or toward a domestic water supply. lake. reservoir or bay7 No d. Could drainage from the site cause erosion or silwion to adjacent areas7 No b. e. Describe a1.I drainage facilities to be provided and their location. None vet 3. Noise a. Are there any noise sources in the project .vicinity which may impact the project site7 No b. Will noise from the project impact any sensitive receptors (hospitals. schools. single- family residences)7 Possibly 4. Biolol!v a. Doe~ the site involve any Coastal Sage Scrub vegetation7 No b. Is the project site in a natUral or partially natUral state7 No c. H yes. has a biological survey been conducted on the property7 Yes No X (please attach a copy.) d. Describe a1.I trees and vegetation on the site. Indicate location. height. diameter. and species of trees, and which (if any) will be removed by the projecL Site is currently an existing road. It has been covered ~i~h aRnh~'~ Tnr y~~r~ S. Past Use of the Land a. Are there any known historical or archeological resources located on or near the project site7 No b. Are there any known paleontological resources'? No c. Have there been any hazudous materials disposed of or stored on or neu: the project site7 No d. 'What was the land previously used for? Present:.lv URAd All It """h1; ~ rn"d. ~ /5~/70 .... 5 6. Current Land Use a. Describe all structures and land uses currently existing on the project site. Asphalt -"""\ b. Describe all structures and land uses currently existing on adjacent propeny. North Golf course 80um Sinale farnilv dwel1inas Eut Neighborhood shopping West Single family dwellings 7. Social a. Are there any residents on site? No If so, how many? b. Are there any current employment opportunities on site? No If so, how many and what type? 8. Pleue provide any other information which may assist in the evaluation of the proposed project. Vacation of this portion of Moss Street will eliminate the dangerous and awkward traffic intersection at Moss Street and Naples Street. Traffic cir~ula~;nn wil' h,:. ;mpTnn~n ~ '"""" ~ J~-/7/ P.,06 WPC:Fi'1I01,IIN'!-""'NING'SI'ClREDID21.A3! ca.r. 1020.93) ca.r. 1\l22.93) . E. CERTIFlCA nON I, as owner/owner in escrow"' Print name or I. consuklnt or agent"' Gregory R. Cox Print name . HEREBY AFFIRM, that to the best of my belief, the statements and infonnanon herein contained are in all respects lJUe and correct and that all known information concerning the project and its setting has been included in this application for an Initial Study of possible environmental impact and any enclosures for anachments thereto. Owner/Owner in Escrow Signarure or ~~,!~ August 2, 1993 Date . "'If acting for a corporation, include capacity and company name. ~ /YJ}Ci- WK:~~.....n (IoI.1_")(IoI.lmn) PIp 7 Response to Question No.8 Initial Study Vacation of a portion of Moss Street ~ In consideration of the San Diego County Club (SDCC) deeding over any reversionary interest that the SDCC may have in the portion of Moss Street to be vacated, Country Club Villa Estates bas agreed to install all missing curbs, gutters, streetlights and necessary asphalt on the SDCC property between Third Avenue and where the realigned portion of Moss Street will intersect with Naples Street. These improvements will be installed within three years of the date of transfer of the property from SDCC to County Club Villa Estates. A Request for Waiver has been submitted simultaneously with the Request for Right of Way Vacation to relieve the SDCC from any future requirement to install sidewalks on the above referenced portion of Moss Street, as long as the SDCC continues to operate as a golf course. The Request for Waiver is an integral part of the Request for Right of Way Vacation. When plans are submitted for future development of the enlarged parcel which would be created by the approval of the requested ......... vacation, it is anticipated that full street improvements would be required as a condition of approval. ......... ~ )-0-/73 nm c.. ./ OF 0nJLA. VJSTA DlSc..osURE S". .'EMEJ.rr .are required 10 file a SLllement of Distlosure of ccnain OWIlenhip or linlnc:ill inlerests, payments, or campaign 'butiollS, on III mallen whith will require discretionary attion on Ihe pin of the City Counc:il, Planning Commission, and III other offic:ial bodies. The following information must be disclosed: 1. Listlhe names of all penollS having a financ:ialinlerest in the property whith Is Ihe subjCl:\ of Ihe appJiation or Ihe contratt, e.g., owner, appJiant, contrattor, subcontratlor, materialsuppJier. COUNTRY CLUB VILLA ESTATES Stephen V. Ferreira Gregory R. Cox Nita V. Ferreira Phi"ip P ~~rr~;r~ 2. If any person. identified punuantlo (1) above Is a coiporalion or pannenhip, Uslthe IIImes of aU individuals owning more than 10% of Ihe shares in the corporation or owning any pannership inleresl in the pannenhlp. COUNTRY CLUB VILLA ESTATES Stephen V. Ferreira Gregory R. Cox Nita V. Ferreira Phillip P. Ferreira 3. If any penon. identified punuant 10 (1) above Is non-profit organization or a trust, list the Dames of any penon serving as dirCl:\or of the non-profit organization or as trustee or benefic:iary or truslor of the trusL . N/A 4. Have you had more than S250 wonb of business lransatted witb any member of the City starr. Boards, Commissions, Commillccs, and Counc:il witbin tbe past rwelve months' Yes_ NoL Ir yes, please iIIdicate person(s): s. Please identify cath and every penon, including any agents, employees, consultants, or independent contratlors wIlo you have assigned 10 represent you before tbe Cil)' in this maner. GREGORY R. COX JAMES ALGERT 6. Have )'Ou and/Or )'Our ofllc:ers or .,ents, In the .we,rle. contrfbuted more diaD $1.000 to . ColIDc:llDlember In the Cllmel or preceding electiOD period' Yes_ No_ If,., Slale wbicb Counc:llDlember(s): · · · (NOTE: AnacII 8dditioul .... · -: JULY 1, 1993 GREGORY R. COX, CONSULTANT / P"'/ 7 f ~ - Prinl or type IIIme of conuattorlappllanl . tm!!!lilMJlnMc: .A1r).Nit~Jltm,-,.-rIUp,joirot- J ...-.__~~.:.5..I:.,~'y';~":~:.:;~,.,-"'"", IIW ... ..,.... aIUIIl); ciIy... COUII1I); ..,. ............/0). ~ ......,.,.............. ....,....,., .. -n.....- ...,.. ......' iHE CITY OF CHUI..A VISTA DlSa..oSURE STAn::ME!'\"T You arc r~uired 10 file a Slatem of D~closure of "nain O\lollership or 'ncial intercsts, payments, or campai!:n cOntributions, on all maners which will require d~c:rctional)' aClion on Ihe pan of Ihe City Council, Plannin!: Commission, and all other official bodies. The followin!: information must be disclosed: 1. List Ihe names of all persons havin!: a financial interest in the property which is the subject of the application or the contract, e.!:., owner, applicanl, contractor, subcontraclor, maleria! supplicr. """'" ~; Nita V. Ferreira Stephen V. Ferreira Gregory R. Cox COUNTRY CLUB VILLA ESTATES Phillip P. Ferreira 2. If any person' idenlified pursuant 10 (1) above is a corporation or pannership, lislthe namcs of all individuals owning more than 10% of the sharcs in the corporation or ownin!: any pannership inlercsl in the pannership. COUNTRY CLUB VILLA ESTATES 'Stephen V. Ferreira N;t~ V F'prrpir;<\ Greoorv R. Cox Phillip P F'prrp;r~ 3. If an)' person' identified pursuant to (1) above is non-profit or!:aniution or a trust, lisl the names of any person servin!: as director of the non-profit organizalion or as trustee or beneficiary or trustor of Ihe trusL N I~ ~ 4. Have you had more Ihan S250 wOrlh of business lransaeled with any mem~er of the Cil)' staff, Boards, Commissions, Comminees, and Council within Ihe pasl twelve monlhs? Yes_ No~ If yes, please indicale person(s): S. Please identify each and every person, including an)' agents, employees, collSultatilS, or independenl conlractors who you have ~signed to represent you before Ihe Cil)' in this :..aner. ' GREGORY R. COX JAYJZS ALGERT 6. Have you and/or your officers or agenlS, in the aggregale, contn'buted more than $1.000 to a CoUDci1member in the ClItTenl or preceding election period? Ycs_ No-K If yes. state which Councilmember(s): . . · (N01:E: AttacII ad4itiolW pap as Decessary) . . . Date: JULY 1, 1993 ~ of CIOntraClortapplicanl tllTA V. FERREIRA . F=M'U~w4~ '~'Nh~f!:j](~-uM-.fr:~:~ ~:~~::::::::~IJ;r.'~ IT... 11114 "">' oIIwr _; ciI)' _ <OWlO)', ciI)' ~; tIim... or oIIwr poIJziclll &Jb4nVior., or "">' - F""P or .....v.;"",;II/'I linin: '" . ..u:.' ~ 1HE 'Y OF 0i\Jl.A VlS"TA DISa.oSURE ~ ITEM:ENT You are required 10 file a Stalement or Disclosure or cenain ov.'Ile"hip or linancial inlerests, payments, or campai&n .ributions, on all malic" which will require discretionary aClion on Ihe pan of the Oty Council, Planning Commission, and _ther official bodi~. The follolloing informalion mllSl be disclosed: ]. List Ihe names or all pe"ons having a financial inlerest in Ihe property which is tbe subject or the application or Ihc conlract, e.g., Ollo'ller, applicant, conlraCIOr, SubCXlnlraCIOr, material supplicr. SAN DIEGO COUNTRY CLUB 2. If an)' person. identified pursuant to (I) above is a corporation or pannership,lislthe Dames of aU individuall ov.lIing more Ihan ]0% or Ihe shares in Ibe CXlrporation or owning any pannership inleresl in tbe pannership. N/A 3. If any person' identified pu"uant to (I) above is non-profit organization or a trust, list the Dames of any person serving as director of the non-profit or&anization or as trustee or beneficiary or trustor of the trusL . N/A 4. Have you had more than S250 wonh of bllSinw transacted with an)' member of tbe 01)' starr, Boards, Commissions, Commillccs, and Council within tbe pastlWClve months? Yes_ No~ If yes, please indicate person(s): , S. Please identify each and every person, including any agents, employees, consultants, or independent coniractors wbo you bave assigned to represent you before the 01)' in this mailer. GREGORY R. COX JAMES ALGERT 6. Have you and/or your olficers or agents, iD the agrepte, CODtributed more than $1,000 to a CouDcllmember iD the eurrent or preceding electioD period? Yes_ No~ If yes. state Mticll Couildlmember(s): · · · (NOTE: Anadl additional paJCS . ~ -')')... ~ L (,."....L Sipature of~ntractortaPplicant LARRY E. CUNNINGHAM, PRESIDENT Date: . JULY 1. 199~ . ~ J ~/ 7 ~ Print or :_Dlme o~ contractortaPPlicant~,._. . fmR!lutlefinM..: 'Nt)'Ito4iIw.u.J,JInrI,_""""',JoW- -......o.JdMb.~.... - '-"""~.-""'~~"" . INs 11M ~'oWt -"'>~ ciI)'.M .......,., ..,.~; IIioN4 Of ...1JOIiIic1ll1WMli>VicltI, Of~'''' ",." Of ....--... .....,.. · IItIlt STATEMENT OF AUTHORIZATION '""""' I, Stephen P. Oggel, declare as follows: 1. I am an attorney at law and a principal in the firm of Friedman, Jay & Cramer. I represent San Diego Country Club ("the Club"). 2. The Club has been working with Greg Cox of Cox & , Associates in an effort to transfer the Club's reversionary rights to land beneath Moss Street to clients of Mr. Cox. In exchange for that transfer, the Club is to receive consideration in the form of the assumption of the Club's responsibilities to make certain street improvements along Moss Street. 3. It has become necessary to complete forms and take -"'" other administrative and administerial actions with the City of Chula Vista to accomplish the purposes described in paragraph 2 above. In order to accomplish those purposes, I hereby delegat~ to Greg Cox the authority to deal for and on behalf of the Club in all such transact~~ns Dated: June 25, 1993 I St hen P. Oggel ~. ~/~/7? LEGEND: Gol.r.i"co- %Z f,~;,,;,,'.'J.:1 - 51REET VACATION PAPC.E L p.J l2: 1 - O. Z8 k. fill! 11- 5112.EET VAcAi,'ON PARCEL t-.j2.- Z -0.44Ac. ~"[ ~ ~ .~ / .. oteUO ~ ~o. GI.u6 F:t SITE 0 ,""oSs ,"[ ~ wI>f>l.ES ~"l SCALE: ,".100' \ - ... ~ ~ VICINITY MAP MAP 1J2.- 50S (N"TS) 15 ~, " e MAP N!, 1'52. N4-oc.,''s!')UE 40.00' . P~EF"AP.ED 6'(: AL.GERT ENGI",eE~ING. INC. A%.e 1!>ROAPWAY Cl-IUl.A. VISiA, CA. qZOlo ((,01"1) AZO-'Oo.O / )5'- /7 g'SAMES 1-1. A\.GEfl:T. RCE' I"lO'?' CIT"< OF OolULA "ISlA , ,....", LEGAL DESCRIPTION FOR THE VACATION OF MOSS STREET BETWEEN ALPINE AVENUE AND NAPLES STREET PARCEL 1 AND 2 PARCEL 1: A PORTION OF LOT 15 IN QUARTER SECTION 120 OF CHULA VISTA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.SOS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MARCH 13, 1888, DESCRIBED AS FOLLOW, : COMMENCING AT THE NORTHEASTERLY CORNER OF ROBINHOOD SUBDIVISION NO. 2, ACCORDING TO Y~P NO. 3488, ON FILE IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, BEING ;~SO A POINT ON THE ~ENTER LINE OF MOSS STREET, SAID POINT BEING ON THE ARC OF A 2,740 FOOT RADIUS CIRCLE, THE CENTER OF WHICH BEARS NORTH 4047'51" EAST, A DISTANCE OF 2,740 FEET FROM SAID CORNER; THENCE SOUTHEASTERLY ,....", ALONG SAID ARC, A DISTANCE OF 32.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ~~NG THE ARC OF SAID CIRCLE, A DISTANCE OF 383.63 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF NAPLES STREET, FORMERLY KNOWN AS SIXTH STREET, AS SHO~~ ON SAID ~~ NO. 505, SAID POINT HAVING A RADIAL LINE WHICH BEARS NORTH 30 54' 21" WEST; THENCE SOUTH 71"23' WEST ALONG SAID NORTH LINE OF N~~LES STREET, A DISTANCE OF 143.80 FEET TO A POINT ~ ON THE ARC OF A 2,780 FOOT RADIUS CIRCLE, THE CENTER OF WHICH BEARS NORTH 1002'17" WEST, A DISTANCE OF 2,780 FEET FROM SAID POINT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCLE, THROUGH A CENTRAL ANGLE OF ..; 0"; 8 ' 3 9", A DISTANCE OF 2 3 3 . ..; 2 FEET; THENCE NORTH 18031' WEST, 43.2" FEET TO THE TRUE POINT OF BEGINNING. """ PAGE 1 OF 2 ~ /~-/7/ . . . PARCEL 2: A PORTION OF LOT 15 IN QUARTER SECTION 120 OF CHULA VISTA, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, Y.ARCH 13, 1888. TOGETHER WITH A PORTION OF THE WESTERLY HALF OF FIFTH AVENUE, AS VACATED, ADJOINING SAID LOT 15 ON THE EAST, DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF ROBINHOOD SUBDIVISION NO. 2, ACCORDING TO MAP NO. 3488, ON FILE IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, BEING ALSO A POINT ON THE CENTER LINE OF MOSS STREET, SAID POINT BEING ON THE ARC OF A 2,740 FOOT RADIUS CIRCLE, TnE CENTER OF WHICH BEARS NORTH 4047'51" EAST, A DISTANCE OF 2,740 FEET FROM SAID CORNER; THENCE SOUTHEASTERLY ALONG SAID ALONG SAID ARC, A DISTANCE OF 32.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE ARC OF SAID CIRCLE, A DISTANCE OF 383.63 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF NAPLES STREET, FORMERLY KNOWN AS SIXTH STREET, AS SHO~~ ON SAID MAP NO. 505, SAID POINT HAVING A RADIAL LINE WHICH BEARS NORTH 3054'21" WEST; THENCE NORTH 71"23' EAST I'.LONG SAID NORTH LINE OF NAPLES STREET, 179.5 FEET TO A POINT IN THE ARC OF A 2,700 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, CONCENTRIC WITH SAID 2,740 FOOT RADIUS CURVE; THENCE NORTHWESTERLY ALONG SAID 2,700 FOOT RADIUS CURVE TO A RADIAL LINE OF SAID 2,7'0 FOOT RADIUS CURVE BEARING NORTHEASTERLY FROM THE TRUE POINT OF BEGINNING; THENCE SOUT~'ESTERLY ALONG SAID RADIAL LINE TO THE TRUE POINT OF BEGINNING. , EXCEPTING ANY PORTION LYING EASTERLY OF THE CENTER LINE OF SAID VACATED FIFTH J>.VENUE ADJOINING LOT 15 ON THE EAST. PAGE 2 OF 2 ~/~-/crtJ r'\) r'O 80' "t> ?. Cl\ o. ALPINE AVE. 1;. C/) -1 ::0 01 01 -1 lZl FIRST AVE. o. .. BO' <: l:> '1) r- rT) C/) Cl\ . o. / -/ - 00' D D D ~J~5~/~/ ::c I'T'l c: I'T'l ::c ~ o Z -4 o C'" CI c:> c:> ::c I'T'l c: I'T'l ::c ~ o Z -4 o >- CI - 2 25 z C") "'t:I >- ::c c:> I'T'l r- I'T'l ~ C'" = z: C) "'t:I >- ::c C"> I'T'l r- . . . APPENDIX III CITY DATA SHEET PLANNING DEPARTMENT CASE NO. IS 91-01 I. Current ZoninR on site: R-I SinRle-Familv Residential North Public & Ouasi Public South R-I SinRle-Familv Residential East CN-Retail Commercial West R-I SinRle-Familv Residential Does the project confonn to the current zoning? Yes 11. General Plan land use designation on site: Sin2le-Familv Residential North Public & Ouasi Public South SinRle-Familv Residential East Retail Commercial West SinRle-Familv Residential Is the project compatible with the General Plan Land Use Diagram? Yes. The City Traffic EnRineer has found that the reauested vacation. alonR with the recommended conditions of cDroval. would meet the General Plan Circulation Element street standards. and would enhance traffic safm bv eliminatinR the acute anRle at which Moss Street now intersects with NaDles Street. The Circulation Element dia2l'am shows Moss Street intersectinR with NaDles Street near First Avenue andlor AlDine Avenue and thus the DroDosed confiRuration would be consistent with the General Plan. Is the project area designated for conservation or open space or adjacent to an area so designated? tl!h Is the project located adjacent to any scenic routes? No (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route). _ III. Schools If the proposed project is residential, please complete the following: Not Applicable School ~ Enrollment Units Prooosed Cienerating F"""'" Students Oenerared f!!!!!! fme Elementary lunior High Senior High 30 .29 .10 IV. Remarks: The General Plan Land Use Element would not be atrected bv the _ vacation. The General Plan nresentlv desimates the nrooertv as Low-Medium Density Residential 13-6 dulacl. and the nronertv is mood R-] lSin21e Familv Residential. 7.000 sa. ft. minimum lot size), The additional develooable ~De .-at"'" bv the vacation could only be develooed in ~ftNII with the nresent General Plan deshmation and mnin2. '7'5' ~"' _J ~ I..J) ~Q~.J ) Director 0 Plannin Represcn ive ., .hd.O)'7. /9'i,y Date ' ~ Jy/lf:L ys - or- tlSe No. :rs- 9Y-o/ G. ~NGJNEERJNG DEPARTMENT ~ 1. J)ra1ftlot! a. Is the project site within a flood plain? IV" If so, state which fEM floodwl1 frequency }oundary N/A b. What ts t~e location and drain~e facilities? ~/~ !;N{jtA - of' I)" R("J ~ AY' description of existing on-site t)~AI.,Ae....... r/o~, "0 .,.,,<- . c. Are they adequate to serve the project? ~Ft If not, explain briefly. d. What is the location and description of existing off-site drainage facn ilies? .-vON c.. . e. Are they adequate to serve the project? .N / A If not, explain briefly. 2. Jrlns~ortat1Dn ......... a. What roads provide primary access to the project? ~oss S77fu.~ b. What ts the estimated number of one-way auto trips to be venerated by the project (per day)? N / A c. What ts the ADT and esUllated level of service before and after project completion? Before After ~A.D.T. ~. (;)!;O N/A L.O.S. 1'1 If If the A.-D. T. or L.O.S. ts unknown or 80t applicabl., explain briefly. . N /14 d. Are the prillary ecc.ss roads .dequat. to .ery. the ;roj.ct? If not, explain briefly. A(//\ -; - IIPC 1459P ~ )5-/Y3 -14- . Case No. :rs- 9y.(;J/ .. Are there any inters.cttons at or IIl1r the ,otnt that wnl result tn an unacceptable Level of Servtc. (LOS)? If so, identify: Location AlIA Cumulative L.O.S. Is then any dedication required? AlIA If 10, ,lease Ipecify. f. ,. Is there any Itreet widening required! N IA If 10, pl.ase Ipecify.. . II. Are there any other Itreet il1prov....nts required? ~A If so, pl.as. Ipecify thl ,Ineral "ature of t. "eelssary il1lprovements. 3. Soil 5 loll" . . a. Are there any anticipated adverse geotechnical condittons on the . project site? . b.' If yes, Ipecify these conditions. c. Is a soils report necess)ry? 4. J..w1.l.ml a. What ts the average natural Ilope of the lit.? ::r. /. ." b. What is the lIlaXilllum natural slope of the lit.? '3 /. 5. Noise NIA Are there any traffic-rllat..d IIoisl l.v.ls i.acttng tll. Ittl tllat ar. significant .nough to Justify tllat a IIois. anal)'sts be requirld of the applicant? I. Mash Cenerlt1Dn ",/A . flow IIlIch lolid and ltquid (Itwag.) wast. .nl be "",rat.d .)' the ,roposed project"r day? 3a1id ~ . . What 11 the location .and Itze of existtng ....r U...s on or downstrlam from thl sit.? __ Arl they adlquate to lervl tile ,ropos.d ,roj.ct? ~ JS-Jr-r UD~ A.~DD -15- tlSe No.:rs- 9Y'ol """" 7. 'I!marks Please identify and discuss any remaining potenUa' adverse il1pacts, 1I1Ugat1on Masures, or other bsues. ;.- /~ . """"'I. 1 - ~ ~/5~/7j? -16- VPC tnlP . . . ROUTING FORM DJCrE: AU9ust II, 1993 fa; K.n Larson, Building 6 Housing John Lippitt, Bngin..ring (EIR only) cli~~ SWanson, Engin..ring (EIR only) Hal Ro..nberg, Engin.ering (EIR only) Roger Daoust, En~in.ering (IS/3, EIR/2) Richard Rudol~, bsi.tant city Attorn.y (EIR only) Carol Gove, Fir. Department Harty Schmidt, Parks 6 Recreation Crime Prevention, Police Department (H.J. Diosdado) CUrrent Planning Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Dir.ctor Chula Vista Elementary School District, Kate Shurson SWeetwater Union H.S. District, Tom Silva (IS 6 EIR) Haureen Roeber, Library (Final EIR) Other , FROM: Barbara Reid Environmental Section SUBJECT: Application ~or Initial Study (IS- 94-0l{FA- 632 /Da 031 ) Checkprint Dra~t EIR (20 days) (EIR- IFB-_/DO ) Review o~ a Draft EIR (EIR- /FB- _/DP ) Review o~ Environmental Review Record FC- ERR--l The Project consists o~: Vacation of a 30,800 sq. ft. portion of Moss Street between Alpine Ave. and First Ave. Location: Moss Stre~t between Alpine Ave. and First Ave. Pl.... r.vi." th. dOClUl.nt and ~orward to .. any COIIIIent. you bey. by 8/25/93 . cJ. 8 COllll8nts: fl(f!Li-.(~ _ ~~~ ~4(.. ~ ~\ ~ ~U~ (.q--.~ C-2, TfCl-~ ~ v..Q.Q.r ~ /y/~ <;~ . . , -..... ROUTING FORM DATE: August 11, 1993 ~ FroWl'b Ken Larson, Building , Bousing John Lippitt, Bngineer1ng (EIR only) Clitt swanson, Bngineering (BIR only) Bal Rosenberg, Bngineering (BIR only) Roger Daoust, Bngineering (ISI3, BIRI2) Ricbard Rudolt, ASsistant City Attorney (BIR only) Carol Gove, Fire Department Harty Schmidt, Parks , Recreation Crime Prevention, police Departllent (H.J. Diosdado) CUrrent Planning Gordon Boward, Advance Planning Bob sennett, City Landscape Arcbitect Bob Leiter, Planning Director Chula Vista Elementary Scbool District, Kate Shurson SWeetwater Union B.S. District, !rom Silva (IS' EIR) Haureen Roeber, Library (Final EIR) Other , FoRO" , 7Q S ~rbara Reid"> Environmental Section ........ , SUBJECT: Application tor Initial Study (IS- 94-01,tFA-~/DQ 031 J Cbeckprint Dratt BIR (20 days) (EIR-_IFB-_IDQ J Review ot a Dratt BIR (EIR-_IFB-_IDP) Review ot Bnvironmental Review Record FC- BRR--l !rbe Project consists ot: Vacation of a 30,800 sq. ft. portion of Moss Street between Alpine Ave. and First Ave. Location: Moss Street between Alpine Ave. and First Ave. Please review ~e docu_nt and forward to .. any co...nts you bave by 8/25/93 . COJllJllents: "l'\&- ~ OA. -&- (l4~ A c!l'f'_i:t-ht"..u. ,-u..-'L "'" O.('<.c.."l. ().A..cll ~ ~ k./a..u- ~ C~?'VO-f4,,"A_;JJ 14a1 " gao5. ~ /5"-/07 . . LETTER OF TIlANSMl'n ~L SWEETWATER AUTHORITY POST OFFICE lOX 2328 CHULA VISTA, CALFClANIA 112012 (1I1111.2IH.13 i.. .: -. Date: cs.......~ ? 1~~3 , _.- ", To:. M". Ua..J~\"''' Ci?=-tO C! .7 \..7.!1\~ l!.LL' \... v., -\... ~___.' _~ ":b.p~. "2.,-,c:. ~u"..~ A..... C"u\.. V,'~~. ~4 -.,q,r') I Ref: :t'$. - q 0..( - 0 I Gentlemen: We are forwarding: ~Mail C By Delivery C By Pick-Up C By Hand No. of Copies .Originals Description: I "St, JA IQ.. ~-Lr .Q.-",~ .., !"Z.. "L- ( "l 3. The above i. sent to you for:C Action ~ Reque.-l C Review C Comments C Checking Comments: C Please send location .nd .ize of your existing .nd propand facilitie.. C Plea.re..ubmit copie. of ...vlsed prints for checldng. C Please .....ubmit oopi.1 afmrl..lfprintl.ndoneoriglnalbcheddng.nd8lgnst.... ~. y_. ..'\.". r"''''~'r ~~V~ '-- "'h...~... ~ --":a"'( +r.._ e~~:_.....;,-~ "'JS_...~ C Approval · ~.tlon C RevI.ion C Other .. ,-/ g/g/ J..? -) Received by: ~ Dete: .. ...- . , " lWEETWATER AUTHORI. -~ 1 50S GARRETT AVENUE POST OfFICE BOX 2328 CHULA VISTA. CALIFORNIA "1'2.2328 (a"l .20-'.'3 FAX (6"1 .25-7." ~ July 22, 1993 004Wll IrlGIOtIIO ..........".Ctrl'lllf.~N aEt POOQ r1:FTOM. va CM....d"" _ J. SlUI.l .... M. M.TEJIIS -...- _..~ -,- -- ,....,.--- _J._ .-r""".- IITMTNE NOE Mr. John Hardesty City of Chula Vista Engineering Department 276 Fourth Avenue Chula vista, CA 91910 Subject: PROPOSED VACATION OF A PORTION OF MOSS STREET AT NAPLES STREET SWA Gen. File: Vacations (Street, Alley, Right-of-w~y) Dear Mr. Hardesty: This letter is in response to your notice of a proposed vacation of a portion of Moss Street at Naples Street. Sweetwater Authority ~ presently has a 30-inch steel water main located on the north side of Moss Street in this area. This is a major transmission facility for conveying water in the City of Chula vista. The Authority requests that the above-described water facilities be exempted from this vacation. We request that a 20-foot wide permanent easement centered on the main be granted to us for the purpose of installing, operating, maintaining, replacing and repairing said facilities and service pipes and the right of ingress and egress for such purposes. Also, no buildings and/or strUctures will be' .erected, walls constructed, fences built, change. of grade, nor trees planted upon the area of the easement. Enclosed is a copy of 1/4 SEC. 120 map which show these facilities. If you have any questions, please contact Mr. Russell Collins at 420-1413, ext. 239. Very truly yours, SWEETWA~ A~O;:Y ~. smif?t ~~~~gLChief Engineer k:\I...l.'\wp51~..ltr ~ enclosure: photocopy of 1/4 SEC. 120 map ~ J~--/~~ pc: Russ Collins, Sweetwater Authority A Public ~. ._" _. . tr.... ~I!"_ - .. .. ~:_- ..-..... ~'Ii' :~. ~. il ( :) I ~ t --\ / II. ___ . ] . I I I I I.l a-" CA I. I. \",.c ,,:., ..........~... ._ .............""OT '":),.,. .:.~~ :\. ~ ;: I! ~ ,. p ~! h r:' lV~ l:l "ii ..f ~ Iii _, _ ~.~~ ;('..,0 .;;- ~ r~= @ =!::- ~ ~I'l" _ A ~ j. ~. I". .. r: WO~:t 'J'. I =~ ii .. . i ; VJJ. ;T\.~ ~ ',,~ ~ I .. ~ I-! =~ ~,,'t L1 ~ i i ~\J~" ~~! ~~ 'n~fJ cJt On f~ !Y.~ . ~ :: . ..,1,:. I.... ... ':~-~~~:.J.,,~ ':,,:~~~ . -, = ~. l N Ie 0 n..~ 1\ i l<it 'c! '~~t~li' b fiE ~I --l .J~ ~.,.. , ~: irr1 ~ j P w rkV1g raY~;;'~ ~"FO( ~J . .13;~~""V. "1 ~ .;;,;^;- Il '7 II I rllXc ,...!b..~) . ~) n I::=,. - . -... ~ ~ . _ . I"T1: = MFI ~ a I "'~' -! · I:: ............. ... t'" il~ i ,-lD ::: I': /;. ~ E _ __. ~~ I ' 1(1) ,..... 1= j" ,- --=::: ~iO " -r J,. r~~ i t ~ C ! I it i B. ... - 1- I ~ lm- ,\ I:' 8 s ! ~ i 1- 0 ~ ^ ._'1:1 wo .".. I I I 1 I J. ~ ";1 ~ nf & I - ~... 07! ' 'II' ~ I I d II ~=~ J .. .. f-- ..... ~. , :z ;;1= '-'" .. - 01', ~ t 1 "r _ e t 1.. i_ ~,". 0 II ~il U II II 1'- - l\i GO r.i !J · -1,..-------~---~---------9--~ ------"',----- I .r~ 1.1 I I' ~ . v II .nl" r ."7~ ~. ,~m I I I I "l. :.. ~ I , ~i I I I I I It I ! I I ~ ~-~~::: -=:::-~O' ~---------- If ~ .~ I c.n 0 ~ . 'C C j= - i II _ ; U iJ If i I! :~. . D ~ ... =.~~~..d..~ .....!._ I; t !, ! ~ , . n\! l I I I ~ # I P ! I ~ _ : _ _ i I _t tL~ p: &. . .. .....,.: "-"- ~ :F)Y/c;C ~ :.; .__.... '._.. ._ _ .__ n -:.....,-.- ..-" .. ^,y .. .... . . _ ::.. (":~ _ 9 "!; l.J E J) 1 €I : 73 2> C H LI L ~ V I ~; T A S C HOD 1_ 11! S; T .. P.0.. 1l0ARD OF EDUCATION Jost:~f- D CLMAlNGS PI-D. l.AHRVCWNNIt~GtolJ.M s..A'lC'N G~, ES PAT~C' A JUilO G~EG R SI.~:lOVAl SUPERINTEHDrNT !..191'S.GiL,PrlP CHULA VISTA ELE!\IEr'IoT'fARY SCHOOL DISTHICT 84 EAST "J' STHF.ET . CHtrLA VISTA, CALIFOR."'I.'\ ~i910 . flO} 4:!-5.96011 ----- ,on -- f:Acn'cHILD IS A.~INi5iVIDijAt~OF GREAT woiill-o-- 0'_ 'J October 20 1993 Ms Barbara Reid Envirunmen!a! Re'/Iew Coordinator City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE. Initial Study, Vacation of Portion of Muss Street Dear Ms Reid Tnank you for providing the opporturdty tor n,(' Oist'ict te COI ,1rn~;n! on tilE: propo~ed vacallOn of a portion of Moss Street J While there is no construction associated with t";s actiC'n should residential units be proposed in the fut.Jre for the approXln-'ste;\1 30800 square foot r5rcel, the addilic,ral childrerl not anticipated l,ased on It',e prop.:Jrl/c current UE& would e.(ar.ert:>~t(- 8Irp;:I>1, ~"'I intIS sr.hool ovel crowding In the area. It is requested U';at appfoval of thi!:> a~'\J'!cat'~\:1 be- l:t,r"j:!,::;r>ed to requite tutUIS de...eiopment to fully r:1ltigate impacrs c,n schoel fac:Pties If yc:u '1ave any questions, pleaSE:! call me Sincerely, ~1:. =>~\.\.~, Kate Shurson Director, Planmng & Facihlles KSdp cc Tom Silva ') 7a ftlotr.; ~/.5"'--i/1 . Sweetwater Union High School District ADMINISTRATION CENTER 1130 Fifth .....nu. Chula Vlala, California 81811.Z186 (618) 881.5500 Division of Planning and Facllltl.. r-r'.'. .-. ~ _... ~....- /J:f:' . ..~. ",....-...... ,~ I....... August 12. 1993 P~tU:':, ..... Ms. Barbara Reid Environmental Coordinator City ofChula Vista Enviro.ln.ental Sc.:tiull/I'lanlling Ikpt. 276 Fourth Avenue Chula Vista, CA 91911 Dear Ms. Reid: Re: Moss SI. Street Vacation: IS.94.OI . The Sweetwater Union High School Disaict does not object 10 the ptupOSed vacation of that potion of Moss Street between Alpine Avenue and First Street. Pursuant 10 our Director of Transponation, eastbound and westbound buses will use Naples. If you require any additional infonnation. please do nOl hesitate to call me 81691.3353. Thomas Silva Assistant Director of Planning . ~ /5-/9d-. Giroux & Aasoci,tes Environmental Com .(&IlU ~\OSS """" , MEMO O ,-' r J. (. r- ...., d' 1\ ,_ TO: Barbara Reid, City of Chula Vista FROM: RE: Hans Giroux; Giroux , Associates DATE: Naples/Alpine Noise Monitoring October 22, 1993 In anticipation of possible changing traffic volumes at the Naples/ Alpine intersection in conjunction with proposed intersection realignment, a baseline noise survey of existing conditions was conducted on october 19-21, 1993. Measurements were made at 129 Naples at a location under the picture window facing Naples. Along Alpine, noise was measured at a landscaping bush in front of 1094 Alpine near the lot line with 1098 Alpine. Larson-Davis Model 700 integrating sound level meters were used for these measurements with the meters calibrated before and after the monitoring. The meter records the sound level eight times per second, converts the readings to an energy equivalent level (Leq), and stores the data in an internal memory at preselected intervals. Hourly data were used in this study. Attachment A summarizes the results of around fifty hours of measurements. Data from different days was almost identical. Afternoon rush hour noise levels on three days were almost identical at each location (within 1 dB at Naples and 1.5 dB at Alpine). Throughout the day, from 7 a.m. to 8 p.m., the noise level was never lower than 64.0 dB or higher than 66.5 dB along Naples on each day of measurements. As a rule of thumb, people do not perceive a noticeable difference in noise exposure when levels differ by less than 3 dB. There is therefore no noticeable difference in traffic noise along Naples for around 13 hours of the day. A noise level of 65 dB is generally the threshold level where speech interference becomes noticeable in that one has to raise one's voice to overcome the traffic noise. Noise levels along Naples at the closest point of residential occupancy are therefore right at this threshold for most of the day. ~ J~---Jl;J ...~~ &'1-. ....... ~. 0....". ",n ........:.-- r.1i1'MDi.a 02714 . ---I7J4J ISJ-M1/9 . Fa (1/4) ISJ-I6J2 ~ . . . l -2- In order to account for changing noise sensitivity throughout the day, noise/land use compatibility criteria use a descriptor called the community Noise Equivalent Level (CNEL). CNEL takes the hourly noise levels, adds a 5 dB penalty for noise from 7 p.m. to 10 p.m., and a 10 dB penalty from 10 p.m. to 7 a.m., and then averages the 24 hour period. CNELs were calculated for each of the days and each of the sites monitored with the following result: Date 129 NanIes 1094 Alnine 10/19-20/93 10/20-21/93 65.9 dB(A) 66.4 dB(A) 57.8 dB(A) 57.8 dB(A) The City standard at any exterior recreational use (patio, pool, etc.) is 65 dB CNEL. Along Alpine, the standard is met with a wide margin of safety. Project-related changes in traffic volumes will not cause the city standard to be exceeded. At the homes nearest to the Naples/Alpine intersection, side yards or parts of the backyard of several homes closest to the intersection are near the standard. Because project implementation may incrementally increase existing levels already at the recommended maximum, noise protection for the yards of the homes nearest the intersection should be considered. A 6-foot, side yard block wall would insure that the project does not reduce the ability to comfortably use exterior space at these homes. Exterior noise increases may also impede the maintenance of an acceptable interior level (normally 45 dB CNEL). structural attenuation with closed windows is around 25 dB such that exterior levels would need to exceed 70 dB CNEL before meeting interior standards becomes impossible. As long as the closest homes have the option to close their windows to shut out street noise, meeting the interior standard is not a problem. An ability to close windows requires supplemental ventilation. We cUd not evaluate floor plans and ventilation systems to determine whether any structural modifications are necessary to insure that interior levels are within the standard. In summary, our findings were as follows: 1. Noise levels along Naples at the nearest point of residential exterior use are at the city's standard. ~ 13-/97 -3- '""'" 2. Any incremental increase due to the project can be offset by a side yard wall at homes closest to the intersection. 3. Noise levels along Alpine are sufficiently low as to not be impacted by project-related changes in traffic volumes. 4. Adequacy of interior noise protection should be evaluated. ""'\ '""'" ~J5/)1~ . ATTACRMEMT A mISE Dl10RIIG IISUL!S (Iourly levels ill dill LIlll 129 laples 1094 lipine 10/19 10/20 10/21 . 10/19 10/20 10/21 00-01 SO.O Sf.5 46.0 48.5 01-02 49;0 49.5 45.5 46.5 02-03 43.5 48.0 41.5 44.5 03-04 44.5 47.5 45.5 44.5 04-05 47.0 47.0 45.0 45.5 05-06 56.5 56.0 SO.5 SO.5 . 06-07 61.0 62.5 54.0 Sf.O 07-08 65.0 65.0 56.5 59.0 08-09 65.5 65.5 56.0 56.0 09-10 64.0 64.0 56.5 53.5 10-11 64.0 64.5 53.0 55.5 11-12 65.5 65.0 55.0 56.5 12-13 65.0 65.0 53.5 53.5 13-14 65.5 66.0 61.5 56.0 14-15 65.5 65.5 56.5 Sf.5 15-16 66.0 66.0 55.5 55.0 16-17 66.5 66.0 58.0 55.0 17~ 18 66.5 66.5 66.5 55.0 57.0 56.0 18-19 65.5 65.5 66.5 55.5 55.5 57.0 19-20 64.0 64.5 53.5 54.5 20-21 63.0 64.0 52.5 53.5 21-22 62.5 63.0 52.5 53.0 22-23 59.5 58.0 SO.O 51.0 . 23-24 54.5 57.5 49.5 49.0 ~ /~-/1~ . I ., Case No. /s-ql.o/ APPENDIX IV ~ Comments Received During the Public Review Period ""'" _ No Comments Were Received During the Public Review Period ""'\ ~ /y/9? . WfC:r.\HOME\I'I.ANNINGISTOItEIN02J.93 (lid. I02U3) (Ild'. 1020.93) e . . t - August 27, 1993 Mr. and Mrs. Alan Willingham 122 Moss street Chula Vista, CA 91911 John Goss-city Manager 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Goss: We are writing this letter in reference to the planned project of vacating a portion of Moss street between Alpine and First Avenues. We understand that the site in question may be used for future aevelopment of a few new home sites. We are delighted to learn about this drastic improvement to the unsightly lot in our neighborhood which becomes a dumping site at times for unwanted household items. Most of all, this plan will eliminate the dangerous intersection that causes a lot of traffic accidents on a monthly basis. This intersection is going to cost someone their life in the near future if something is not done about it. (If it hasn't already) We urge you to support this plan in behalf of the entire neighborhood that uses this intersection on a daily basis. Thank you for your understanding and time in regards to this matter. If there is anything we can do to help this plan become a reality, please contact us at 279-2042. Sincerely, ~ . ~ U~~~ Alan willingham _ ~'#~ Dottie Willingham ec: Barbara Reid - Associate Planner Jim Nater - Mayor ~ /~/1Y A"G <- U I. ~ 7933 . 0()1) ',-J (,. II 'I I lJ~ r.)~ J 1 j ~ .,. i.e."........ CITY MANAGER' ,tJULA VISTA, ('-. II.UG 25 1993 ~ ~ - p J ~_:... -~~ ~-""""\ u_ _ . --~- (. L ' , , - ""\. \:,3 , ., ~ ~ Case NOI 1s-94-01 Project Locationl Moss Street between Alploe Ave. and first Ave. Project Applicantl San Diego Countzy Club" Countzy Club Vllla Estates Environmental Review Coordinator POBox 1087 . Chula Vista, CA 91912 Gentlemen I Please recheck the traffic pattern of Moss Street and Naples Street. The traffic on Moss Street has locreased 100% 10 the last six years that we have lived here, due to the fact il-hat Naples is now a thru street to Medical Drive. Many people use Naples Street lostead of Telegraph Canyon and L Street. Our small street of Alploe Ave 10 the 1000 block cannot handle all the traffic from Moss Street. It is too narrow to start with and many people do cross the empty 10U instead of using the street. On a Friday afternoon there are as many as e~t cars at the stop sign on Moss Street and first Ave. at one time and many do use Alploe to get to Naples, which also has vezy heavy traffic at all times. Since Chula Vista has grown so much 10 the last few years so has the traffic. "'"' Slocerely. _ fll'/"!' --? ..g tz.t~..l(4./ &~MC.~a ~ Albert C. Cabella " Corinne A. Cabella 1098 Alpine Ave. Chula Vista, CA 91911-'JOl ~~.(~ 11f~ "'" ~ J~-/C;C; . August 24,1993 , j ..~... - Environmental Review Coordinator City of Chula Vista Att: Douglas D Reid Dear Sir: We wish to comment on the initial study of the request for vacation I.i;'; < .v...... I", '.. pi L'", ...,..,,1\ I \,i\...; of a 30,000 sq. ft. portion of Moss St between Alpine and First Ave. It just don't make sense to divert traffic to Alpine which would affect First Ave., a residentual neighborhood to accommodate a Country Club. Our street is narrow with no sidewalks and since Naples St. was opened up going East, we have been experiencing much heavier traffic with speeding vehicles especially pick-ups. ~at ~~ll happen to the trees along north side of Moss? We have lived in our h~~e on First ftvenue for thirty-nine years and have seen many changes and noticed that the former owner of the property mentioned above had tried to use or sell that land and was turned do~~ by the City. Then we heard the City of Chula Vista had purchased the parcel and again a friend told us a former Mayor was part owner now. Should we think this is political? P.S. We are having difficulty with trying to get on Naples now. Thank you, Aaron E. Cook Margaret E. Cook 1160 First Ave. Chula Vista, Ca. 91911 long waits at our stop on First . ~ /5'-.;.tJ() -- "'" October II, 1993 Chula Vista Planning Department Public Services Building 276 Fourth Avenue Chula Vista, California 91910 L. ......... ~ , :- -- -" Re: Case. PCM-94-09/IS-94-01 Vacation of a 30,000 sq. foot portion of Moss St. between Alpine and Ft.st Aves. To Whom It May Concern: As residents at 1094 Alpine Avenue, in the area of the proposed vacation of Moss Street, we hereby file the following protests, with you, against this vacation: 1. Traffic on Moss and Naples from Broadway to Hilltop D.rive, and beyond, is quite heavy. Most of the time cars come through these sections at high rates of speed. With the closing of Moss Street there will be that much more traffic on Naples Street. To say nothing of the increased traffic in front of our residence. """" 2. Traffic at Moss where it intersects Naples is sometimes backed up, going East, six to eight cars deep. Traffic will be backed up trying to get onto Naples from Alpine many cars deep if this proposed vacation is passed. The air quality caused by this back up will be very extensive. 3. Alpine Avenue where all this traffic would have to divert is only 20 feet wide at the present time' At the Safety Commission Meeting it was conceded that this street will be widened to accommodate the foreseen traffic. 4. Closing off Moss Street at Alpine would create a "dogleg" of 90. which will be quite dangerous wii:h the rate of speed the cars traveling Moss Street are doing at present. ~. The corner of Moss Street where it intersects Naples is not a dangerous corner (no accidents are attributed to this corner), as shown at the Safety Commission hearing. This is the reason given by the San Diego Country and Country Club Estates as the reason for vacation. The danger will come when this vacation occurs on Moss Street and traffic is diverted to Alpine Avenue. "'"'I ~/~.).{J/ .. . The Safety Commission agreed that there would be a three way stop erected at this intersection. The traffic on Naples is so heavy that cars, even now, have problems moving onto Naples from either the 1000 block or the 1100 block of Alpine. If this vacation occurs the traffic on Naples could be doubled and the traffic coming off of the 1100 block of Alpine Avenue will have the stop heading North, turning onto Naples - then going West they will have to stop once again, within 90 feet' THIS is a dangerous situation to say nothing of the a,lmost impossibility of moving into the West bound traffic of Naples. 6. Speaking of dangerous - what about the dangerous condition of elementary school children walking to school along Naples Street on non-e~istant sidewalks with 12,000 cars, trucks, buses, and ambulances a day speeding past, if this vacation passes' They walk along there now with 6,000 cars, trucks, buses, and ambulances (which is dangerous enough). . 7. We recommend that a very THOROUGH study of the traffic pattern in this area be made and also the cost to the city of widening Alpine and installing the necessary stop signs (it should be a stop light) at Alpine and Naples before any approval is give to the closing of Moss Street between Alpine and First Avenue. A recent automobile count was conducted at the 1100 block of Alpine. This count wasn't started until AFTER the morning rush hour traffic had finished. How does this give an accurate cou~t? Please - have someone (a person or persons) come out to this area and observe, for a few peak hours, to see the traffic pattern as it REAL LV is, at it's BEST! 8. Furthermore, as citizens, we are concerned with the "waiver" which has been requested by the San Diego Country Club and the Country Club Villa Estates that the curbing and sidewalks along Moss Street from Third Avenue not be installed because of hazards from the Golf Course. If a study were made it would show that the "hazards" (golf balls) rarely fall along the fence - they usually land in the street, in the lawns, in the empty lot, or on the cars on the South side of Moss Street. I can show you a,recent broken window in my house caused by an errant Golf ball' 9. As ta~payers we wonder what compensation the San Diego Country Club and the Country Club Villa Estates plans to pay for this 30,000 square foot piece of prime real estate (overlooking a country club)? At today's prices this should be a nice "chunk of change" to add to the City's coffers. . 10. The Safety Commission Meeting of September 9, 1993 ~5'~~t);;- . '""'"\ regarding this vacation of Moss Street was a joke. The Commission did not listen to any of the many residents who came to the meeting and voiced their concerns - There was no discussion. They had already made up their minds. There were a couple people on the Commission (Mr. Pitts and Ms. Braden) who seemed to listen to our speeches and tried to get a dialog going but Mr. Thomas, who was the Chair (and who seemed very bored with the whole thing), was too busy having an aside discussion with Mr. Padilla to pay any attention. He called for a vote of the Commission without the least dis~ssion of any of our concerns. Is this the way our city of Chula Vista runs all of it'. hearings? Thank you for this opportunity to voice OUR protests. Does it REALLY do any good? Sincerely, Mr~f~~ ltfA 1)? (" 0lA!i ~ -M1:. O. P. C6ughlan 1094 Alpine Ave. """" Chula Vista, CA 91911-3301 CC: Tim Nader, Mayor .......... ~ l,0oZtY Y ... . August 23, 1993 I.J2 ( Douglas D. Reid Environmental Review Coordinator P. O. Bo)( 1087 Chula Vista, California 91912 RE: Vacation of a 30,000 sq. ft. portion of Moss St. between Alpine and First Avenues. Dear Sir, Thank you for your "Notice of Initial Study" letter of August 18, 1993. As residents at 1094 Alpine Avenue and having read the complete application for the Initial Study filed in the Planning Department we hereby submit the following comments: 1. Our residece is located on the corner of Moss and Alpine and therefore one of the two most affected households in regards to this proposal of the vacation of the portion of Moss between ~ Alpine and First. 2. Traffic on Moss, all the quite heavy. The portion of Moss Avenue is probably the heaviest. section at high rates of speed. way from Broadway to Naples is from Third Avenue to First At times cars come through this 3. Traffic at Moss where it intersects Naples is sometimes backed up, going East, five and si)( cars deep (usually at rush hour). What will the back up be on Alpine if this section of Moss is closed? I hate to think. The fumes from these cars will certainly affect our standard of living on this section of Alpine. 4. Alpine Avenue (in front of our dwellings) where all this traffic would have to divert is only 20 feet wide! This is hardly enough room for one car, let alone cars going in both direction. Many times a car turning into this section of Alpine from Naples would have to wait until the car leaving Alpine left! This portion of Alpine would have to be widened to accommodate the traffic which would be diverted. ~ 5. Closing off Moss Street at Alpine would create a "dogleg" and whatever the Country Club Villa Estates planned to put up at this location would be in dire jeopardy. Perhaps a solution to this would be to deadend Moss at Alpine and close off this section of Alpine? Then we'd have different prOblems. 6. The corner of Moss Street where it intersects Naples is, ~ J.>-o<?JY indeed, a dangerous corner. San Diego Country Club would trimmed at this intersection Looking right from this stop the view is quite clear. We are very aware of that. If the continue to keep the high bushes the danger is reduced considerably. sign is a bit "neck stretching" but ~ 7. If Moss Street is closed between Alpine and this intersection the corner of Alpine and Naples WILL BE the MOST dangerous corner in Chula Vista unless the city installed a three way stop sign or light at this intersection. This would make it safe and also make Alpine traffic accessible to Naples. The traffic on Naples is so heavy that cars, even now, have problems moving onto Naples from this section of Alpine. We recommend that a very thorough 'tudy of the traffic pattern in this area be made and also the cost to the city of widening Alpine and installing the necessary stop signs at Alpine and Naples before any approval is give to the closing of Moss Street between Alpine and First Avenue. Thank you for keeping us informed in this matter. Sincerely, . --. Mr. D. P. Coug lan 1094 Alpine Avenue Chula Vista, CA 91911-3301 ""'" "'""'I ~~:2CJ~ - 1? /:.lJ1 . _ . \ l/ I f't/-' . I . iie~...~i ~ "'-""\ W. () l'..~ '-t"",.. RE:C, n-- \' Iiu .CITY MANI,GER \oJ..o ~ ~ '.I \ - 4Ul A VISTA. 00 ~ ,. - 33 AUG 251993 ~ . Ji?LAr~r\ir~" ~ ~~=.)Q.. ~ &VlD~..p~ ~ ../J .;.-A- n _" ,i!'t: _ _' ..4"U _, ~ "x,{.A ~6t . _ ~ J."'o::. .. c1l.l.~ ~ . F~(l.J'D.W..(2...~~)_Ch~.~ ___w \~.. ~~ - · - .~ " f - ....... -t;. tC..... . ~ ~ . ~.~.. QcR .,.ky' .. ~J 9... 6 . . .. ~ -- ~~ ~~I.'S'.SU) ~~..,,~~~~A.~~~ ~'" ~ w~ 1;LJf> ~'c.... t o~~~ . -... ~:::;&'.:~-tr.<o ~'.dC6 - ~~f~ --. _~ ~"uill - --- -- - · _~ _ ' . rt-_~~J,IJF\Vv~-- - ... . . - .- .~t€~~-~~~~~~'b-'---- ~ .-~. ----. "'-~.:f- "'. - ..~~~ l'~~~~~~~~~~~ ~.c- n n JF.2~~ ~ c::V 45 . cD...v\ .....tf IS> ...1 #- 5~ (~a-" QO . ~~~ . ~)~{> ~~^-~~~~~~ .. . . ' ~ . . fi ~\ o . t "'~ ~....~ ~ o t ~ ~\ ~ l.rJ " ~ ~ ~ ~ ......~. f\( f ')) ~ 'f ~ ~ tn ~ \ ~ ~~ \l::. ~ l& ~ "1 Ill':',:" " ~ "" . ~ J:'.~~"t.~Oll\\l~:':{;l.~~ ~ (I ;. ~ ~ ~..... ... ... ~ - , ~: ~ \' ~;k r ~~v\~ .... :> ~ ~ ,,~ ~ ~ ~ o.,:a ~ :-~-..;;! .i! ~ ~ ~ ~~ . ~~~ tl ~ aJ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ +- .... Iv, ;:: :: C-- . il\..'j 'T t ~ ro '" "'l :::: ~ ~ Vi -.. o-<~ ~~O~..... ~''"' o Z ~ "" _ ~~ - '" ..... ~ 11 ~ :t7 0'" 3~ c...:; v ~ ~ J t:J ~ /5>c:2CJr \ E. CERTIFICA nON . I. as owner/owner in escrow" Print name or I. consukent or agent" Gregory R. Cox Print name . HEREBY AFFIRM. that to the best of my belief. the statements and information herein contained are in all respects true and correct and that all known information concerning the project and its setting has been included in this application for an Initial Study of possible environmental impact and any enclosures for aaachments thereto. , " Owner/Owner in Escrow Signature or ~Aa!~~ August 2, 1993 Date . "'If acting for a corporation. include capacity and company name. WI'C-~~I.A.l!l(lol.102Il.9.I)(Iol.ICIl2.9.I) Jy/7f/5-~tJq i . if PII"" ! ./ Response to Question No.8 Initial Study Vacation of a portion of Moss Street -, In consider ion of the San Diego County Club (SDCC) dee . g over any est that the SDCC may have in the portion of oss Street to be b Villa Estates has agreed to ins gutters, streetlights and ecessary asphalt on the SD property between Third Avenue and where the reali ed portion of Moss S et will intersect with Naples Street. These improvements Wl be installed .thin three years of the date of transfer of the property from SDCC y Club Villa Estates. A Request for Waiver has been submitted simultane ly with the Request for Right of Way Vacation to relieve the SDCC from the above referenced portion of oss Street, a long as the SDCC continues to operate as a golf course. The equest for Waiver is integral part of the Request -., for Right of Way Vacatio . When plans are submitte or future development of vacation, it is ant" Ipated that full street improvements WOll be required as a . ch would be created by the app oval of the requested the enlarged parcel '. """" . '" ~x ~b; + o .. From the Office of the City Attorney City of Chula Vista Memorandum . I" "11 ,.......t '"" ~!~ ... .." 22 t...... Date: November 10, 1994 /.J. ~ Bruce M. Boogaard, City Attorney J~~ Honorable Mayor and ~ouncil Moss and Naples Vacation Solitication of Legal Opinion on Adverse Possession From: To: Re: Purpose and Assianment: . At the City Council meeting of November 11, 1994, when setting the hearing on the vacation of Moss street at Naples, the Council has asked our Office to research the question of whether the public may have acquired rights by adverse possession (easement by prescription) to the "small triangular" piece of property south of the City's road easement at Moss and Naples. The small triangular piece is owned by the Ferreira interests. The persons claiming to have acquired the fee or easement by adverse possession are "the public" users of the triangle--not the City. Brief Reauirements of Adverse Possession Law: The law of adverse possession is an old common law rule the reason for which is somewhat obscure. Some authors suggest that it arose because it conformed to the manner in which title was obtained--based on usage and without the formality of documents. Other authors suggested that the rule was designed to complement the right of private persons to own property by implementing a social policy against allowing land to lay fallow and encouraging the full utilization of land. Under either explanation, the rule basically requires a landowner to tend to his property or else risk losing it by an adverse user. Despite the frequently repeated requirement that the adverse possessor have the "exclusive" use of the property, the public in general has been held to be able to acquire easements by "prescription," also sometimes called "adverse possession." . The qualifing trespassing use has to be (1) "open and notorious" in order to give notice, actual or constructive, to the true owner; (2) "adverse and hostile" to the will of the true owner to prevent one from getting title from their landlord or other permitting host; (3) "continuous" and "uninterrupted" for 5 years (the statutory period to evict a trespasser); and (4) the ~ /~--...<)tJ " ,! V I '~.l iD/ .......... new user has to have paid the taxes for the statutory period if the estate was taxable. The parking of a truck in the claimed easement one day a year to interfere with the "continuity" requirement is a piece of evidence that could just as easily prove that the trespassers use was adverse as it could non-continuous. In order to acquire the fee by adverse possession, the trespassing users have to pay the taxes if assessed. Because easements are not typically aasessed by an assessor, there are no taxes to pay so that an easement by presecription could be acquired by the public without the payment of taxes. Once the rights spring to life, they can be confirmed to exist with a court action to "quiet title". This doesn't vest the rights, it only gives title insurance companies comfort with the risk. But once acquired, they are not lost except through sale, gift, reacquisition by adverse possession, condemnation, or other similar divestment act. Thus, although Mr. Ferreira recorded a Notice of Consent under Civil Code Section 813 in 1981 and again 9 years later in 1990, such notice only operates to prevent future claims hostile occupation by giving constructive notice of permission to cross. ~ The language of Section 813 states that it is only applicable to "subsequent use", not use prior to the recording of the notice. The cover letter from (presumably) Mr. Ferreira's attorney states the same thing. Moss Street itself--the trapezoidal parcel staff recommended for vacation--is a publicly owned right of way, and no one may take publicly owned property by adverse possession. Therefore, the only questionable parcel subject to possible prescriptive easement parcel is the "small triangular" parcel owned by the Ferreira interests. Did the Public Acauire a PrescriDtive Easement Over Ferreira's Small Trianale?.. My advice in this matter is: we should abstain from rendering a legal opinion on whether the public acquired a prescriptive easement over Ferreira's small triangle for the two fold reasoning that the City doesn't want the parcel, and we would be giving the public gratuitous legal advice without fully researching the history of public use, and have the risk of being wrong. 1. The City, at least as manifested by staff recommenda- tion, doesn't want the small triangle parcel--in fact, they want ~ to give the larger roadway back to the adjacent owners. At least staff is not recommending it and the Council has not sponsored any desire to acquire the small triangle for a Moss alignment correction. The issue before the Council is abandoning the road, ~ ;S-'-2// .. . . not realigning the intersection. If we chose not to abandon the road way, we would not necessarily support realignment of the street. Unless we're prepared to take the portion of the small triangle used for left hand turns over the years for a road, we should not be put in the position of rendering a legal opinion that the Ferreira's have surrendered an easement to the public for left hand turns. 2. Unless we wanted to actually acquire the portion of the "small triangle" previously used as a road for alignment purposes, we would be, by rendering a legal opinion, using the authority of our government to'affect private property rights of individuals unnecessarily. ' 3. The persons affected have a judicial remedy to keep their rights alive. They can go to court to quiet title. My opinion as to the chances of their success could be incorrectly interpreted by the parties and Court. 4. The correctness of whether a prescriptive easement has been acquired by the public will depend on significant and time consuming factual research regarding usage for long periods of time. It will take a lot of resources and time to do that discovery and render those opinions in a matter where we have no expressed interest in using the parcel. This is a matter for litigation between the affected parties, better funded by the participants whose rights are being advanced or diminished by the outcome. The dispute that exists is a semi-private dispute between the "public users" of the small triangle and the Ferreira interests. It does not involve the City unless we intended to acquire and develop it for a road. Nevertheless, if you wish me to proceed to render a legal opinion on this matter I would need to take sworn evidence from public observers and Mr. Ferrero and his family members and workers going back possibly 20 to 30 years. Recommendation: It is my recommendation that you withdraw any request for a legal opinion as to whether the public has acquired any rights by prescription. I will, of course, proceed as instructed. ~ J5'd./rJ-- IV) / '-" LAW OFnCES .JOM Wtl. ON .ROWN LAW NC T DOl.lGMERTY .JtAO . EOGUIS ....FlAy C FITZFlAHIICK J...~ts HItNR'!' "0.11 GAR" t. 'RIEO..."N GtR....:.p L GOlltMA,." GAtGO'R'l' /,.. +-tAROH.E WILLIA N JENKINS DONA/,.D . KIDDER IrIlARk It USE CAVID S. I,. It ."'uCt' .J." CCO,..AI.D AIllTHUA O. INAOO ALAN R. FIt. MICHAEL ._ '"0 NOPt RAND K. SI-fOTW LL C"VID fit SNYOt Ill. GENt STEU~tC J"MES R. STERNa LISA UN"''''UNO.TUA JENKINS 8 PERRY Dear Frank: .....NCHO ."'..,. ,~ O""CI: 1:1. ~OAT'U.O ~"$CC 01:I.Ie,,",5 .05T OFf CE .Oll< ~2" ....."'C'"'O .,;",,,,. "c C"I.'''O''''',,,, .2~67 I". '1'50.,1.. """'" A ""O,It..IO"'AI. CO"'"OIllAT'ON lliCO CENTRAL. FEDERAL TOWt~ 225 BROAOWA"" 5.'\~ DlEGO, CALIFOk~l.-\ ~)~10J [?I"; 231-2500 May 21, 1981 '. Mr. Frank E. 250 Bonita Gl Chula Vista, C erreira Drive ifornia 92010 Re: Recordation f Consent to As you requested I have prepared a "No ice of Consent to Use Land" concerning your iangular property a Moss and Naples Streets """"" in Chula Vista. I have repared the enclo ed form containing the legal description of the roperty along w th the Assessor's Parcel Number for recordina purp es. Also enclosed is a copy ode section 813 which explains the legal effect of iling t is "Notice of Consent." In -- a nutshell, the recording of t 's co sent form prevents any claim that the public received a pres ip ve easement right to travel over your property. ~fuile we ca change past history as to the number of members of the public w have traversed your land, the recording of this Notice will mak ear from this point forward that any entry on the property w 11 . by consent of the awner and. as you know, when there is cons nt by e owner, no prescriptive rights in the public can be cr ted. I is doubtful that members of the public will assert suc rights whi h may have ripened in the past at the time when you des're to develo the property. Upon reviewing Civil Code section 13, I find it 's not necessary for you to post a sign on the pr perty because as matter of law, the recorded notice provides "c nclusive evidence" at any use of the property was with the owne 's consent thereby can elling out any prescriptive rights claims If you have any furth questions, please call. MBP: jk 4058.0~/enclosures ~ Yet .lz (Ut In h~iKht ..!thin J5 "ounuar)" line. and such rll'ht. prOLected by .<I"'II&ble proceed_ ~k~d' !~.;u:n1an Utl4) :$I Cal.Hptr nar) In.'l../rI('I!on may /It 10 protect t ~I e..emf-or, or anIni I ob. er l! or for abutenlent of nul. nlllllllH..d b)' .l,:,'h Ob!ltruC'tJon. \\<11111 (/:l5t, ;:91 P.211 (j!l IU , Ilrl:..r. &Cllon ....11.111.' dtr.nd&lll ron'l~riJ'7tM . "nce aetou road ,Herl 1_)' ~l:flfrlaJ "uhllC', inL'II:(llllli;' ({I" Inc.,.. thlt: 3~ )'.ar!l. II Vo'IiIIi use u! ,Jlscr('lil1n to IT&r:t a pre- 'Jun~.t:oll. Id. , -;~. f': ',",If'1) .J.~. ;$!; I t I ust..-. , '\J:J Ifllal/" aCllon III d~5Irl-:t CO~r: in I'll ('Jllrl mi~t.1 onsldl"r ll!"'....n. llll~lf'. C'('1:!d il'1 ,/11; disC'"etl'.:m ilon ut ('allturnJa ('Ourt on 1.5.:>lJt'9 III IlltKalJOn there pen,JJIl~ Hf'1 Jf "'ornrnunu\, Sl"n'lces J II~t v I::n"'rf'rl."e~ lIe, l" .\ 1!r7%) :.S2 "rtl.)t,l~: ~h'nle,f:'5 S l't. l.ol3'J, HiJ ' L..t..j 2d 40. ,.n_."nOI b. m... '."hout 1po UPon .;.en",..,t 1(>f1t>M1t-.H :lOn&a IlUt) 3t Cal.Rptr" US, tiO" i" ,.neral .nlenl or easement b)' aban. ~",""(f'd by concurrence or l~ II) nonu.,pr, (2) inll'r.tlon an,l f21 dfl:r.:alo:f :,,) va.ner of 'flVra ~e, a.!a Irr [.II:;;! . ,.1'~~~t'orj.l, 11:~I) :~ CaIR..:r ... ..~~ Ilt t)' grar.1 ;a) t,e lost h,;: '"Klll"lhed I,"""r".:," L\ nDI;1J~t-r '\"~r I'I! 10.1'1 1.I1' IbanJollflll:llf ~ PO~.t<..~!'lon d fll ~.r prucrlPllon In u.. or r ar.o!hcr', land. one. .e. : neC'euarlly 1011 by method U~lent ~."Iale l'ub'e<1Uenll,.- o e","4"1 I h. I pr"I,erty b Prl. HarrIson v 8curJa UUI) J C,A.2d 110. " &1',0'I(!one4 ro.d a"ro~,. d... !""d,"llll' to hICh"'''I' an)' riJ:h: ~an1." !lAd 10 IIbutl""', ea!'.e" "Jth :ht'lr 1<'1t 1I0t': and .. ("oul1 not be t'Otenllnh ot ~s 'and ""llh ad/Oinln.. land. he)' could depr ,.t adJolninlll' f'."t'ment . ('rOlt. their p,roJ)- IPlion. PCPOI'lch Y. 0 Su,1 Plr 211" .2U C.4.:d 153. ",t.nt with ...."'.,.t "IiUile or excu.lve UI. ot .ot "umclent to r"\llt In )r torreltur. ." the ..... 'IJunc(lo~ I. 1.1\. ,roper rem. ':u~. OCluld (11$) I!), P,Jd ~U"cf.n of ,,"wl."t ..t.t. ,,_t p.nitnt ..tat. i. in_ i c . in domln.nt ". u &.lenient &n4 .ub. b 1c,munant proPfrl,.. '.hl ltdil b. JlllJlllled it I Un may not b.: ..v. red Idclitlon, by Imenclment and prohJbhed. CrJrnlTlin. 'Ii Oould tUS7) lu& ....2d 7~' 1U t' A.2J 3~'. t. Ab'ndon,,".nt or nonUatr Th., IJ ""Ill;/.: alllJ Il,UHI\"1 It",'l' uf I.' :11'''. rar)' h..d/.:,. ,:,J I.'->l l''''lt.l!~ :" .. 'Ill'" 11:,;.1. dtJrllllent or "I:l'l\.l~" ut "'."'Il"'''1 Alld ".: IltJI !'n'Ulll" ...,),./; II III~"-,, t.. II,. ,>I' : I,.. !~, j,;1I ,. "\1 III" .... f",. I II<' ri~ t. 10 101' ,,'I! 1~ "";I'~'I.I jt ,t "Herr"It'd ""Ill. r"II..',I',,1I1. I."" I,)' 1l""'I'CfI')t uf rot'r t'Il~"lIli'l.;. \'1".: l.ud,." ""'I. ":.n!t,oI ...oj Olll.lr;llIIil".tJ WlIIlOU: .1,\ Illtt:'I"'Oll o~ itlt t....ClIll'nr " I.o,'rn,a:,t"'! lh,:urf' IhH'"hnpr I' J(Jn.. (I~I;., 3;:, Ca.. H~'!r 2~'" ;(2\ (' A2d 127 \\ ',~r,: all "3.~"llll'llt i.. ('r...h.tl hy ",raIl! ")1' .l:'ui~hm,",:' 1.\ "'I"""~(;:'I'H.,)I ,.. ..,;.. I : ,~. ,,1'.' '" rf. r. r l' ~ R . A'" "I+- , ~! '.\",' ;~:.;':,'r :;'!I~.i,"'nl.~.,.! ::;',~,'::.:t. :~.' :." ll~: ~.'.~ r. . ': 1\ ,I .1~. I: '" I .j... "r ;,.,k', i. "'11 vf ".I,~"lr ,.... \'.. ~., J rr J '<, I ... h.. .~!r.f'.. I "j,;.,.r ( Jr:, '!~'ll 3C (Il H;,:~ ,... 2;:~ {'A;;,j ~~ ^, of p:tr",,!'l :Jl;~-.Plj~ ;1': "CI'''''l:' I In IHII d:r,-!.. ~!,,~,I' '~allll."ro~" r,a~11 (.f ~!'f'L.'('d r( :l"W,1.}' C""IIII'I,! did II,.I '''IL:".! II. t~I"l.':l:' Ina f:l"'n!"n\ ".... abal,dClT'lvtl. \\'/;"r(' II. J-':lle "'a~ 1(111 ill Ih,. ~.!I 'h'\'..rt,. I \'.J:, (.,. t I.;'" :!~ I'" 'i: .. r :,~ :' I" I , .j I """" , , ..1 I, j,:r:Ir" I I 1.1 nh'f., .~'I ';.,'r I'al"~, I.,.., .\I.~' ".~ I ,I. I \' ~ ., 'rl I (, :!" j) ,I' ~ I :l~;'i 3.:! J :'.J 'i!. 11Z ,\ CA. 3:,) "".Irt'lI rf"~e~r.' "a:I~~: th...: L, t!1~',r ;1' Il.~", or ta.$t'lI:(llol In !O:'''\II\~' dvn; 'lar,1 fl'llt':llf'n: O.~"'r" had al'1\',d"Hl"d r:~hl ot "......r~W!" dId not C'on..tllule .. I"klfl/: ot theIr prOPt'rt). ,,'ahout dut' I'troC'ua. \lvtn tho'l.ct'h Ih~ ."!I('ml!nt appur1enunt to lach ter1f:ll11'nt ""aL,S Ii 1'.luat)l" ril:ht. Crimmins v GOUld t135~J 3i'1fl l' 21.1 aG. 149 C.A.:d 18:1 Artl')T1 or I'."'''r. (,r IIUll1U:I'LLf f".:.... ~.~ InfO ,'xtel1.1lrllt fOaJ\I"') "'1., '1'\ ':ad 1""'1 C"rt'.Lt<d on ...r"'lIle P.OI'erL.\" 10 E.>..:l:i.(' rtr".., ~r. !.rllt.:\J;:' :l a.. f.ul.... AIII.to:. .,.d .:;(,WII.t' OWl (lr!! Qf ..JJo,'n:T1r r...,...r ....!'".;..h dJJ not "'''''Ill'!!, 111't-.t tll Yll;. rn.dw&)' lJ1 I"r.~'1 or r"'ell;~rl"llon. 10 ('orl'le~'!, "'I:h roaJ"Il\' ..... f'C!ro",\,'d. . lluH.r '(r~PI r:,.'l. r.llI~ 1t('rUlI!l ..jjo:nlnl: l,arl't; re~llllt'd In ''\,'':01 '>nn1< r'! IJ~' !~,I~ll~(' or ":I-..r""':1 :.. l 'f' roaJ.-.v Id 'Wht'r~ rallr"",\:! .. hictJ ht'ld ,1~t-,1 Df ....,. quil('lalmflc! rll;1! of ".)' dur.na &,Ie','od in CIVIL CODE ~ 813 which railroad ..s lu.lnl' ria-hi CoIr "'.y due 10 at-ar".! ,'.Ir.e':l. '",;hllt ul railroft.tJ." I'ran. t.... wer.. f":ltUlCUI't.~fl u&,Ion Ill.. e:a:~U'all"n u~ I~,,, p.. .l!U III wfllt'h rltc'I'I18 ""~re 'ClSI by ","11010"',1",.1 U!".hlMI'd Hea'l)' \:0. .,. , '1\ ,.r ~ I' H.d"...1 t I""';) 2'..,., J'':<I 1.', l' C ~,J lit, 7 Int.nt 10 ..b..ndon 1'01' ~11l ,'a",,'lrle"l t.u"I.llrHI toy J:rJl':1 II' I., l')l',t I,>" 1.11:;"""1: II must I.l' .C'('OIllE.>~Il;t'",t'd .'tll "~VrtS,1 or ImpUre.! In~t-'II/('>n Clr .blindon. tnf'nt. Ha.e)' ". 1.01 An.:elp.t> L'ou'lI)' )o~lood ('('1I1r"ll ''I'" Illlf,!I, 34;( r2d 47~ Ii:.! (' \ ~(I ~~.', t. Judgf"ent term,n.';n; ...."'...., "-',. II I' In I, I',\'j. , , : ':..:.' ',. ":"'11 \ j 10\...,. l.Ih~"'lor""J :I~ I," , .,.,'" 1 J 1',1'" ,. ,'01.'1....'.. 'II \Ill' d ",.1 t .. ,~ "1/ "" " ~ tt. ~.. .. "iI.'''' ;\.1\ ur j."'''''I''ll' L"""',rlll '1' " r",,;,1o ~ r.' !;11.) :1 r>lnlna: 'I,ll... ".'."""'r,! 'dll ,,' Ih.' r"'ph,,,,. r,.I".' I". tL., ,i,"'!;,rdlj"" I/J:d d.Ir.IIl.;',1 .. ,.11 ':,." 1;(, !',t':J:,'r 1':"1 na:l.t I., 11'. Wt",;., f'e .Jllt,rllplr ('r/'lllllll., . I " '; 1 31.~ 1 ~d ";. f;. 1 ;:, t ,\ ,~d J ,.; """11 '..< "r,.1 ,,:.L. '.'.u 9 -:. ""rre :.rIIJ'r 1.'1., 1,.1: , I I I ,." 'dr. ~ .1;" "I'"' :"'UI I J,-".d, I (1'1-'1 fI'. l!'"".t 'fo('!:1 !OJ.' !n;..n 1 '.' I, I,q".!" .:t! "vr "\':.1.'1:1"1' 0.. ! '. . (q '~'r.. I. t :" 1". : ,.... .j II) 1.''''~'!H;1t rt.. '/"<":I"n" 1'.('''1:'' p:,~~ r''''!li'llI,n... "11 1" ..' I:"r."l!;l>''','~ inr1Lhlr,~c: f'lr"oI"\'I.~"",r.~ H; I't'./,.!,! ,d ,,\\/,(lr.. cot "I.nl"n, 11'))'.1'1.11;:. ,.'.\ 1:1 r.. Or ,I('nllllant I"""'.,enl ("oulll r,,'1 f'fl. f,.r,'c. Luil,!inM rt''IlrllIH>7'!1\ 1I...'\lnl"1 "I\"::pr.. "r Ilt.n'l(:nt 1I:r.rmr.1\t \\hollr. eJlltr tll../ I.o'!'q,. . t't\' j':Il'I'(.'1 1\t'I'1: tr~('I'" I.ack t" ,It'fo,l "f "'II:,'!.:t'.., ;" !nl"If'fo" "",I.. ""hiI'll ;I".~ (rr.,. r "',;j' :.. ,..f'l \ lllld..~ >Jllll 11...1 Iv :"\','1. " '-.01"1 ..:. I:. I~: I.Jall .,( r. ., ~, \ :-'1I1""'rt< n:"i\) :1/ l.at I~,. '; \, ','1 ..;: I; '.1 ,.,.: .... d....,J IIf IIU.,: (;, :'UII .01 J'I :H;'t,.c" "'a It- art,'r ,J';~:lL c.r 1:1;0.1..: 1"" \lr ItI,I' "':.,'1 dt,;lr:vl".n :,'1 J 'I':"f r...',.r 1;1: .,r Ila.II.... III ,I..f"l. h,,:,'!j. ,1'.. :,.. :.,~ ;l~ l.o:o<'l;:"I'r :It lrll...~(...,. ,:11. '(.," J."rn!ll_." 'n Ir'l"ltl'~".<: d... d, ~u''lUl~.,,! Illl, ~.. f' frvHl , illll;.&Llt" 'pnHuJ,,1'i (.Ir I.u;:.!;r.a: !'I."tll('llIm.<; w!'lIC'I, "'fOr', r"('ur.lt'd f.r ':..,': d,.\'O'j"p'.r ;1'~"".:lI!nl t" r"t'ur':lng ,.f J..".I r Irl:"1 J., J' " U tll:?, 812..5 fh.."ufecr by Stah.1980. r IO~O. P -.It 1.:1 ~UI,.'f'(.t mAlto., ,.r 11:t' r"p\h~..J l'if:',.th.I, :11 1 ,,\Ii 11'("'lt..,] ;I~ r"Il'I\\'''I RtpulleCl !iecllo" Slreets and MIgh...,hl Ccge Itct'o" "'12 ,:~. ~, 1;3.';3 13." -37.1J S'''!''IJ()n 81:' r" :t,lth",1 1,.1 :'B.III Int..' 13111. I' ~913, ~ 1 r(llal..,1 Iv Illp "Ml':tlj..r "' IlI.andculln"I~' "f III IIIt"""1 or hhth\\":t~ lht' "'llr.ru...'hnh_111 nt """'Ie' "...meont.. ..ft. 1113, c.".._t t. ule .f 'Indi recordation ot notlee; revoeatlon Tht, holll"r nr I'C'I-n,',1 tilll' fn IllIll' lllll\' I""'u/'.I ill till' "trh'I' ..f IIII' """""1'lI.'r of ~ln)' ''''IIUlIy Jf! whit-II ;lIIr Ilal" lIr till' 1:11I11 j", "'111:,II".I,:t . . . .I""""'il,rlull tlf "::1;1' 1:I'tll :11111 :1 U"tif'" I'f'adi'll: ..1I1....!lP.fi~t1I.\ ;1": 1',,110,,"": .'''''11' "11:11. lit flu' "u"'h" IIr 1111,\' ;::;;;i;-'j" 111,,1/';., 1111," II",' \\'1';II......~I.r III' tl~I' aho\'!. Ih"wtlh"I' 1:lIHI ..r IIn)' 1..tliull ii7;:;l:;;'- . . . fulllpl' 111;11I nil.\' II.... "X,II'I'..:"I>' :lIlu,\~,>, a \'.filll'lI fir n'('Urdl"l' Ilia fl. lll!I'l'PlIu'llr, ,11'I'i1 "" .h'.li";llilllll i.. I.,. 11l'l'lIli"jll'l, lllll! "111111'1'1 III 1"011f!'"I. "r ---- , . U\\"II"I' ~"I"illll ....,:1. C'j\'i1 ("",h'" Till' 1"1"'011'11",1 1I"fh'l'. . j" l'IIIWlq,i,., 1'\ ill, 111'1' 'Ii:.1 ..ld'....'/II'1l1 1I......t IIII' 1:1r,,1 0/1/1 ill;: 1/11' fll,1I' "11"11 /1"1,, " I' III t fr....l ,'\ 1I.t' [1.,1.1... "I' :11.\ "",'r rur. . :1111 :"111"1'" ,,,'I,,,, 111;11 :111\ ~~'_'::",:~"",h_ _~: '\..d ~,\ ._~\!~I~::~~'~.~::~~.2:.~~ A!<I.rl\k~ . . IndICAte "deh'Uoni by amendment ~ 219 J /~~d-) / J ~ 813 CIVIL CODE I " I fi; t "J , . .. ,If AC're('nu~nt, dl'Pd fir dt"l:liclltiolll Is lK'rlllillsh'p and \\"ffh Clln)4('nt In nnJ' J'liJi('jaJ ,)rO<'('l:'dinJ;' jll\'oh'iuj: tit... j~!'lllt' II." to "'hNhe,' nil ur :111,\' pol'Unn ot I'uch hued I,a.. ~n dl"(IiCRh.'d to IHI"lie list' or \\'hL'lhe>r tin,\' ll~'r Iln~ n p!"('OIcriptln' ri.t:ht In ~1:Cl. land (Ir :illY pllrtion tI.t'l't'o(. Tht' IlfJlkl' . lIIur be rnokC'd l.l~' tlil! holdf'r '-'~ J"t.'cord tjl~ rLoc.ll'tJillJ,:' ;l "otiC"!> fIr r~"lwatillll In tll(' ottiC'(! ot the record('r w)ll'rl'jl. the nOliC'l' . . '" h. rl'('un:I"1. .~fl(>r 1'1'C'Otl/illl: n ooli('(' '1IJrSllnnt to this ~rt:(j:. Rnll prlnr In Illl,\' t't.'\'OC:triull rlll'I'I'n( th" IIwnl'r ",lInll lIot pre,'ent an)' pUblIc 1:-;" 8j)j;j.";;""P~IH'rt.to 11,\' 1)Il,\'skaJ Hh...trncti,,". Jwrit'\.' or otherwise. " ~ ". ~ In th(' e\'ent ot Ulie b)" atht'f thaw rhe- gellf"ral public, All" '\It.1l noth'f',;; t() ~". @tfPCth'I', ~hl1l1 ai.l;to he' 5en'C'tJ II,)' ff'gis{I'l"NI Ulail (.111 the user 'l'he Ncol'dinl: ot tl 1I0tJC'(>.- . . IltJr"n:tnt to Utls SPC'tion ~hll:l IIot ue r1(-l.':".. to atft,<,{ !"i,l:111.;; \"t-Rr"d at '.111' tilllP 'if n'l',,jdJnj;!' '1'11" pt'I'IU1",,,,,,,U f',1" Illlldj,' 11-" ,,'" I',';d Jlrop, n,\' J1I'O\'id.,d r'lr ill ..ll{'!l it l'l'C'OI'l!I'l: notic't,' 111;1,\' hI' "Ulldltiolll'd HI"1I1 J'I'II"'dl.lld.' J'l"HH,'[iullS 011 tll~ tnllt' Idul't, ;111.) manllt'!" of :>11('11 pullllc 11..", :lnd 1," 11'1' jll \juLllioJli ur !'otlch l'l',..trittitlIIS shall lie \,,;, ~ldt'l'{'d pllhlic 11-" lor 1111l'JI"Sl'''' ot 11 filldiJI~ nt illlJlliC'd tl~djcutlt)n. (Adlh,tl U)' St;U'S,J9G.'I, C, 73~. I), li.J9, I), AlIu,'lllJed by St::tts.J!)i), c, lJ.iJ, p, lS.r. 11) Section. 3. .., of StaU.H1J. c. itl. p. litS. pro\"ldt:,~ . .S('(" 3. Thl~ lln lh.i11 nul I... ..an"'lr.....ol 10 anwllJ or a((,,,'1 Iht' ~r';\"l8Ion," 0:' ...:.., liOns IHJ..~ ar,J IHI 1 of th.. Bll~tr:o:':i!! anJ PrO;.....'lon~ ('o"e or :<~"Ijon a:'~ l of lht' FI,!;h an.j aanl~ t"oJ<o nor st,nll II dlJlllni_h an)' ~ut.>lJ~' rlChl" of aC~'~'slll III na, llrltt,l~ "'at~r, eon(err~d b)' ~cclton 2 of Arll,'I~ XV of thf' C:lUfornla C'c.n,UltUtlCln nor ~hll:J It dimJnt!\h an)' publiC" rJ~hts to fj.h from or Upon Ih~ publk land. of thf' .Ial~ or In the "'at~rJ thert'of conferred by SeC"tlon 25 of ArtIcle I nr Ihe California COllslitu lion nor .hall thl, act be C'f'IISU'ut-d to 1Id- (1'("1, 11In:nl:~h or ('xltn"'Jj.~h Mr,)" !'IJrhl ,r tlChl!! \'bl'l'-d as of tht- ,.(t@C'IJ\'(' d"l'!' h~."" uf bv rC.UOIl of ~\pr~!l,.. or 11ll~llt. dt',Il,'" lion, or 'Jlht'rwi~f' "Sf'('. In ~bt' t'\'~r:1 all)" r':,,, i!li.:.." 0' Ihl>> an 1$ h~111 In\'atu t,~. It. (11"1 ju!I.: mf'nt or "(!("r~t' of an 1l1JPtoJI.,te ourt ~" Ihls sllltt' or of the t:nited ~!llt..S, thIs pn. fJt"! a("t, ".fth Ihe '!xct'ptJon of this jI;('('tldn Ilhall be In"alld and Inoperative for An)" pUrP'l'~ In "nch ev.nt an)' L1J11e or ('on, Unued utI' b\' the pub'lt' of prh'atel). o~\"l1ed real prOP'.r". thai would Olh"'twi'f' hI' "r tectf"d t.)' Ihi", '(,1 .fl~r il~ ,,(teetht' dllt(- and prl\.Ir 10 Ih.. ,1.,,, of 'ueh jUthl-I:,1 .Il', t..tnllnatl'!n. IIlhall be condll~j""'h' pr....ulll....l 10 bf' wit" Iht" perm!a"ion of Ihe ownH of 'uch pro!'''rly and lurh USt ,hall not I'on- "llIult (','h!fonce nor b~ admlsliblfl Ill' ""i- denct' In an\' 1('(I('In broulthl II') fo...t""'I~h a \'t!M..,f ria-hi on behalf of lht" puhllr nr an,.. jro'.f'rnmenlal lIody or unit 10 ("onUnut to make .urh u_e pp.rmanenll)" Thl, ,ec- lion .hall nOI .PPI)' to rea) propf'r1)' tlt'- lI('rllH'd In .ubdh-t.,on (.J of SeCllon 1(1(19 01 th. Ch'JI Cod. durinr 'ueh time thAI 1M owner ba. aot C'OmplI~d "-l1h the pro vl.lon. of .ubdJvi'ion (0 of that "'("lIon, . + .;i . ~ <" ! f. ~ . "71 Am'ndme"t, R~t\'rOI'~ as Ihe prt'l. ent fir,.l antJ l@:"lJnu paralCrOlph... Ihe (;rsl ..,a/:l,t:"laph \\'hiC'h. .s original!,. add~d, rt.ll,! ;I", (oJ'OWa;: "The holc1er o( rll:,'orl1 Iltl~ L l:ln,j 11111.)' rl'\"'ord In Ihe office of the reC',",r,1 er of :In)" count) In wl'1lch AllY part of 11'1... land t.. situated, . nollC't (if .:onunt 10 th.. U!!~ of hll land, or any portion Ihereof, fer Itl~ purpose described In the nOIlC'e, rf'cor,!f.d nOlice of consti!n . ., , ...to ~" t~,P hold..r of rt'rord titl~ ~- reCordjnl: & nOll, t' "r No'nr"t(C1n In thl' office or th" tti!C'or,it'r \\'ht'I".'ll the nOII("~ of ('on,cent Is rteorJ",,! Th.. &1ll...nJlllfont alao 'ull~tjtuled Iho' \',}rJ 'pul'lll..a~t to thl. ,.,cuon' for 'o~ c(,ns~.~.t" in tht' present fourth (.arartar-t, and n,1Jed the fifth para,raph. F'orl""ll: See Wesl', CalIfornia J.'urm.a, <':1\,11. Law Iqevte...,. COlnmetttariu nackKroulld and gent'ral etr'-cl of UC3 IldJIt.,ltl. fliUI!B S Unr J Gh, DOI'!rin" of Im~Jie,1 dedlC'lItlon IIlld itl 81.' P'k~ti'!"l to C'll.llfornia baachel, l1i7JJ H SO,L'al L H. 11.192. III on , ("'JI)' of SAnlA ("'rut-wh(<r~ do Wf- 1:0 from hue! Jay L. Shaulaon O,7Z) ._ :oi.J;:lrJ H:a. tmpl fod dedl('allon II I h....a I to oWnt'r~ ot It-IIlrf-llne (li71) 11 SDnt" Clara L. 3:1':' Jmpht'd dt'dlcatlQn; ef(f-ct on CaUfornilt C'oll!llhne properl)' a.'ner ,1371}.. Lo)ola I...Re,' US, N'ee I'uva 'J"llIh Ia.t: Public accea. 10 htonC'hl">1 )ljcha~1 ll. Uercer (1811) 8 C,\\' L..R. 1:'. ~ Underline Indlcat" Chang" Dr additions by amendm.nt ~)~rj2J; 92010 . ~; .~: ,.J . . . flF 5 " . AR 3 MG I ::':; i-; " , ..,( Space Above for Recorder's Use Assessors Parcel No. 619-100-23 NOTICE OF CONSENT TO USE L~~D (Civil Code 813) '- . NOTICE IS HEREBY GIVEN, pursuant to Section 813 of the Civil Code, as follows: (a) The undersigned is the holder of record title to the land hereinafter described; (b) The land herein referred to is described as follows: That portion of Lot 15 in Quarter Section 120 of CHULA VISTA, in the City of Chula Vista, County of San Diego, State of California, according to the Map thereof No. 50S, f.iled in the office of the Recorder of San Diego County, March 13, 1888, lying Northeasterly of the most Easterly line of ROBINHOOD NO. 2 according to the Map thereof No, 3488, filed in the Office of the Recorder of San Diego County, August 9, 1956. and lying Southerly of the following described center line of an 80.00 foot road: , . Beginning at the intersection of Third Avenue and .. ~ ro., . ..... .' .:: ~;"~ .;~~~.". '.> .:,"'" ~ .. ':.. '. ..' ")4 ........, PARCEL "B": .,... /y;2} ') ~ }" " ,~ - ",' '1'-' ,1-,':: '. ," .;. ~ ," ;'; ...~:, ,'':1:~~i': j,,'.: .; , " . ..,.J. ._,( "; .. . , 0" " ~~;, 1,'.1 .. dlr~ 'b~'I:'" . ~~., ~:.. \. r:.. ....' ...,,, ~';:t.t;1i;- .~.. " ~. i'" '.~ . . . <. ....~:... ,...t. o!l.! ....: ", ," \ ~~".;.{ .,.",1"."':";-' .~...r., .~"'. t\<i .!. ,:. ~-.... ,..' H .:@ ~ ~: ~J....';' <f'~ ~.. $I ~:~~.."~l":1J."'" 'p t , ,~..~",. :. ~r ',...~~.. .~ ~.~f-''''~'Il''-''''',';.ijfb/' '.:ff.~~" ,.'!.. . ' . ~ . . , "'7 . " . .~ . ',' ",.,:." . .. '.,.. >> .. " . ,..., 'I' .>>. ~ .., .' 'f t:. ". . .' . I '. . ,~,.:::.J,I~ . !~. JI,~';7~,,~~ -:;,~ .r-j~'14~~ r~"'~:i~wtNL,tf~.;..,f..'f. t~ ~; ~~~~~~~~.., \ . :r~, ~"'1'r.~;' ....: ~: '1/" !.':: '. '...'" ,t, '. - . , .. ,', ...". :''';~~i . '~.., . .."iit" .~;.,' ~~ ...;'"....:, ....../~:,t;1'.~'.,....:!" -,-j.,.~S':':: c~..... )1'1 :.:.'Y ~~";:-'~~"r',~""~:'-"'f";': ~"t"",,'~;.:',.-t. ,,"",""."" '.. I 'j- ':" "~' .,.,. .... . ~. 1.<1' ... ..... " .,......~Ill-".., ......,:1.. ,." i" >":.-.- ','.., ~ .:.::..::.. ~-:.",:~"'+ \ ~~., ,,~~t t'l ... "",t.. :: ;~'? ~ ..,\~' {, ~. : :',,>;.Io...~-:":. ~r, ~","f~.........;t~ ,,1"'~ >>:~"' I ~.: .~ :~;+ll;;..].it~ ,..... . . 0.1' . ~& "i ;..,~. ~ ....) ....:.: 1 ...,' I' ....:r..~ ~ r1..1,' ", ;,~'I;.,.:.j , .i..'.... #' ~ ~ . .. !..,t ~". ,....10;;'." t -s. -4 -,... .l.:~r.. ..... , . ;.~ ~4. ''''''~ ~\ . " , . '; ", J 12 8 .~' ~\~ ~ '~.":, ~ ' ~'~';;"-,'" Recorder of San Diego County. be'ing'also a point O~i.t~:..:" .':iV~~i': fY',," " the center line intersection of Moss street and" ",. ~/;~.~~~.;' ;f'4k".J'!:~' Alpine Avenue. said point being on the arc of a'~~"~"~;~"~ !;.-~},~.:c. " ~~"""!:"- 2740.00 foot radius circle, the center of which "'H " bears North 40 47' 51" Ea~t a distance of 2740.00 feet from said corner; thence Southeasterly along the arc of said circle a distance of 17.74 feet to the TRUE POINT OF BEGINNI~G; thence continuing along the arc of said circle,a distance of 14.85 feet to a point of intersection ~ith the prolongation of the Easterly line of Alpine Avenue; thence South 180 31' 00" East along the prolongation of the Easterly line of Alpine Avenue, said line being parallel and 30.00 f.c.t distont fror.; the Eanerlv line of said RCBl\~:O...):1 Sl BDl' ~Sl(l\ t\C,. 2, a dist~:1ce of 52.23 feet to ." peint; th.nce :-';orthweslerl" along the Easterly line of Alpine Avenue, as dedicated by Deed, recorded in the Office of the Recorder of San Diego County August 22, 1956, Document No. 117331, Book of Official Record. 6230, Pa.. 2B . " d!.tan.e of 60,00 fert to t!le TR L PUI"!' L,F b~l.,)l'~.",), ~. . . (C) The rig~t of rh. public or a~) p.rson to ~a~e use whatsoe,er of t'1;' ab.'\e describ~d Innd or ,lny porti...;r thereof (other thRn any use e:;pre~:ily allo'Ned by a ...nittcn or re...::::-rdl.c.! map, a~r~l'ment, d~ed, or dedication) is b\' p~rr.1jssi01=11 and SU:,il.ct t,) control, of o\o.'T1er; S<otio I 813. Ci ,,1 Cod,,; ace' tV) lht: Cl'i1::'l.:"llt lWTl."'in ~.; o,.J!!t~u 1 ,,'rr.i:;-;i'.'t' b) tilt:" L:1dt'rsig:1I.:d at an\ ti .,~ in a':L::l d~i1H':= '.dth I DAh;~~;.-'-L -< t, 1"1 ~() nl.; Id\;.. 3:1~ may t.~ l'eV~r.~ , Frank E. Ferreira OW!>ER /5/2/P/ ";:~ STATE OF CALIFORSIA) 55. CO~NrY OF SA!> DIEGO) Un '?~ 0:2(;, - /99P . bei"re me, the undersigned. a Notary Public in n J for said County and State. personally appeared FRA~~ E. FERREIRA. known tc me to be the person whose name is subscribed to the within instrument and ~.c~~o.:~:~~~ that he executed the same. ~ _,~" ; '7~ . __ -' - . _ ,,:> " ';::~F' ' r~ /~,,_.- I ,,:".' ! . . Nutary PF-O;~c/~ :#~';,o~ ~,,:d,CO~;Z.~~.~...., . "~h.'!"" ~tate (,,,,. ~ I'_~. .... ("'oI,,,:~...~~t~.~tr~.~. ", . ~ ~~,~~~. . ~ . :$......,.. '(':~. ..:',":~.4,::~..:-..~~~,;,;~'::~~f . ":.." l"r . ;"'~:~.lt..." .'. . .:-t:.\.~.,;::o.~.~~:;,:"~~" .J;..~.:.? ~3-" .-...., .... ,. 1"i~"''''jI.,.;t'~*.:...- ;: ~,~!;.',;,', ";~." .~:. ;'$i'.(~~-t,.Y.~~I..1:" ~'i..; .~.".~' .;~.,.~:~. .~;. . ! _:JJ t.. " ':J' 'Iol~' j ....,l.. '-f'o ,-' . : ..... ' r :" . , ~ .4,..... . ..' . :;""~..Il'_,... ,,~,~"'A';l....'~'~~ .~.. . ..'~ I"",,,L'_' ,:,lj,. Ct"1Q.t.I. $l.l"l FEnN N1MON NOT IoP.Y P\J8UC . c.L.JFC)IfCA POII>;CIPAI. OFFICI .. .,'.... .... 011OO COUNTY ,: '\..~i. Mr CGIIlllilslll. -,1IIn:II II. It80 'V( ..... ~' . .,".'L' " '.' '.t. ~ ~Y~1~:~' ~_ l "",,'. - I"" ,,1;:. ,,., ~"..: {\.,: ..... ~., .~ , i, ;:,: :?\ r" r'; 1":: " " . ~. J'" ,,', ,.~.. " " \ <.~ 40:;8.06/M,P7A . , 1:tCJ'J i ~ ,i ~. . :'. ,I FILE 1f't.GE ~ '"717~9.:t3 ..1: 'oaK le~1 ".' ,~ R:COHt)'.::O 'Rt:l\J.JEST OF ~ . 'c, r=;",<;\g 1;:' Fi::f'rcll~--( Jut! ~ 3 32 r~ 181 ~!; Recording Rt:qll~::;t.~d by: t . I o o o o I I . i V 0":: ::.', F,ECOROS SAN D.< ~~ COUHiY. CA,'; ":t:A L,l'fLE nECCii'dlt:n Fran1< E. Ft:rr...~j.rL, ~ .~. ,;... .r...' ~;. ~'-""~: .~~ (' 'r,:: _,:;".f.. .:,t, ,.t I.~" . ~. ~,i;;@ "r ; )..-,- ) .,;,.', f 'I..}, SLa . -', I"~-~'~' .. .' . '~ ;, ~'. {." 5" ~: " , i' t'::;'~ :; "" . '\ ""...J-' Space Above For Recorder I S ,Use -:.:', ~ j 'f'. .~ ~ b:, . -:: ~J'.~~~ AsseSSOl'S Parcel No. 6197'100-23: t ~.]',;: NOTICE OF CONSENT TO USE Ll-1W ' l('lvil Coa~ ~a~J! ~ wtlen Recorded j'lai J 'to: Frank E. Ferre~ra 250 Bonita Glen Drive Chula VJ.~t,~. C/" ,.2U10 " < , " " NOTr'~2 I. ]:,", .,'1 GJV;::;, , pl,n;;ldJ,t t.o S,=,cbon 813 of 'the Civil Code I <<.::.; f,,;:.. ,_,\):...; It.n(.~ (a) The und~'l::.;,";.l q!:(.'d """"" is the 1.,0] del of .:.ecord t.i'tle to the h~1:.;._.:1...O~:L........::-.. ;" (b j l'~. !~. ~.. u.. 1 ~.....: l! . r~fe~~ed ~o i~ d~~cllbed a~ follt)ws: ',~'!'. 1- (" ,_ ~'...;. (I;~ _,1. I . r ., t ll" (,.,~ t'''",- ..... "C.';O'" , <lO ...v_ .L~ .'~ ,:x:'Li.l_L. .. ...t.:~ 1,.... !. ..."'- -i,I. ":lle ..~'."" t}. cf CJI:~.L.,:. V.lS'tu: :i J...:(~;" '. r. ;'~ ......1 "!..'.. it. r ;:... i.o . i.... ~ I.' i .: '/ ',I '~ l I I , ',' ~ .; r l J.(~:.1 c " , , , - ~. , ,',i 1 I \:~~ . ...~ ~T '. , lr:C' ~'.)D "., ~ , ;1 .'~",,!... ..J. '..,. t t;!.: j.....: .:5i:, 1~Jf.:d ~)~::Jl Dj (:'~JO :;".)uti~(;:rl J , :-.).:.. :\..' ..;. - . ,~'l _ :.: i..t' ~, ~.' ,~ . ,.i r:: 1. ~I .. ~.i , I' ,:,.....::,,-.. , :' ~ ~, ., ... :..de ~,_ CoB . '.; . ~ B;.:..q ;! "j ~~: j !..: ~llt.('.J:~e(., I lCI~i of Th~rd I\vCHU~ ..:... .... l..; t_,,'"L. ub _.,1';"1,..)>...1; O..i l:!J'.:' ;.."id. Nc.ip of (:lh:_ _" "4.1 ,~.."t l.!ienCe SOi.Jt;H~i:tst.e.rl}' along the '"' -..~ ~';""" te. the l'.ighl' h,.VJl J a l',nlius ........1' 4':,: ;;, ~~.., . f~Chl . ...id \. ~ I 1-' "': .'; ft:~t to II . .1 .;. Av..... .:t.:.'j ...!. ~':'" ..ild """"" . W.lg nav ,~.. L.....J. ~; -.~- /+.;.: ~ t, , ..., -, .~ C.o\ J5'-d/ / , " . ~' 4058.06/MBP7A '. radius bearing North 230 20' East, 2740.00 feet from said last mentioned point, for a distance of 1498.4 feet to the intersection of the center line of Fifth Avenue and sixth Street. EXCEPTING FROM the property described above, that portion thereof lying within the boundaries of the following described exception Parcels u}." and "B": Parcel "A": ., . Beginnin3 at the Southeasterly corner of ROBINHOOD NO.2, according to the Map No. 3488, filed 1n the OrUce of the Recorder of San Diego COllnty, said pUllll belllg a point on the cente1' line of Naples street; thence North 71 0 23 I East along the center line of said Naples Street, a distance of 45.10 feet; thence North 180 37' West a distance of 40.00 feet to a point on the Northerly line of said Naples Street; thence Northwesterly along the arc of a circle of 15.00 foot rad1us, whose center bea1's N01'th 180 37' West 15.00 feet from said point on the Northerly line of Naples Street, a distance of 23.59 feet; thence North 180 31' West tangent to said arc a distance of 55.77 feet to the beginning of a tangent curve to the left with a radius of 130.00 feet; Ulence along said curve a dis- tance of bO. 09 feet to an illtersection with the center line of Moss Street as shown on Nap No. 3488, said center llne being on the arc of a 2740.00 foot radius curve whose center beal's North 40 25' 33" 'East 2740.00 feet from said lntel'section; thence Westerly along said 2740.00 foot radius curve a dis- tance of 17.74 feet to an intersection with the EasteI'ly line of that portion of Alpine Avenue as shown on Map No. 3488; thence South 180 31' East along said Easterly line a distance of 175.80 feet to the point of beginning. , Parcel "B": . Commencing at .the NOl.theastel'ly corner of ROBINHOOD SUBDIVISION NO.2, according to the Map thereof No. 3488 on file in the ~ J~e:2~ -2- , Office of the Recorder of San Diego County, being also a point on the center line inter- section of Moss Street and Alpine Avenue, said point being on the arc of a 2740.00 foot radius circle, the center of which bears North 40 47' 51" East a distance of 2740.00 feet from said corner; thence Southeasterly along the arc of said circle a distance of 17.74 feet to the TRUE POINT OF BEGINNING; thence continuing along the arc of said circle a distance of 14.85 feet to a point of intersection with' the prolongation of the Easterly line of Alpine Avenue; thence South 180 31' 00" East along the prolongation of the Easterly line of Alpine Avenue, said line being parallel and 30.00 feet di stant from the Easterly line of said ROBINHOOD SUBDIVI- SION NO.2, a distance of 52.23 feet to a point; thence Northwesterly along the Easterly line of Alpine Avenue, as dedicated by Deed, recorded in the Office of the Recorder of San Diego County August 22, 1956, Document No. 117331, Book of Official Records 6230, Page 283, a distance of 60.09 feet to the TRUE POINT OF BEGINNING. (c) The right of the public or any person to make any use whatsoever of the above described land or any pOl'tion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed, or dedication) is by permission, and subject to control, of owner; Section 813, Civil Code; and, 4058.06/MBP7A . .. ::/. ;, " ; " .. .1 '.. ~ (d) The consent herein granted is ~ermissive only, and may be revoked by the undersigned at any time ~n accordance with law. Dated: \tv\, '2., (~f , ~ ~ ~ ' , ..........l .. t . _.~ '--.E.La k E. Ferreil'll OWNER STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. r '- , , ' . ' . .1. , !'o. J!o. .' On ' .'{ ':i..., ?7 I~}: before me, the undersigned, a Notary Public in and for aaid County a~d State, personally appeared FRANK E.FERREIRA, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. -1 1".(' , _.. I~' . .)J.... l. 1...~....: .,,) . .~ Notary Publit in and for said County and State r- ---- - -. -.""".....,.~.:..~l i "..-. OFFICI,\! SE^'- ~ ~ ~~'r~(}~ G[e ;:.! OVl/11\1 [SEALj~. " .~ :,:~ p.,:Oli':.liY PUo'"'' l^: Ii" IlPJ~^ ) ,~- / $1," l; , 'I', ,~ '~ t.!)' to~l~l '~~~;:.: 'Ci: I 1 :.:n } .......;.~;. ........':' -.; - - .~ .-;00<;,..-.:." . '.."",,.', .'~ -3- ~ J--002c2-/ l", hLbif P Minutes November 1, 1994 Page 3 " 9. RESOLUTION 17702 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF TURF TRACTORS AND MOWING EQUIPMENT - Bids were received 011 9/19/94 for the following equipment for Parks and Recreation: (I) ODe Turf !netor with froDt mouoled mower; (2) ODe Turf mower, four-wheel drive; aDd (3) Oae Turf mower. two-wheel drive. Staff recoauDeGds COUIlcil approve the resolution awarding the CODtract for Item I to Pauley Ford. Item 2 to Bob Hicks Turf. aDd Item 3 to California Turf. (Director of Public Works. Director of Finance aDd Director of Parks and RecreatiOll) N1ed from the Consent c.Iendar. CouDcilmember RiDdone stated the resolution ad recolll-w.tiOll by staff 011 the aaeoda were DOt the same as listed in the report. Item 3 should be .California Turf" DOt .W_ Turf" as listed. MS (RindonelFox) to lUIIend Resolution 17702. Item 3 to lad: wc.Ilfomia Turf'" and approge the resolution as lUIIended. Jerry Foncerada. Deputy Director of Parks. respooded that COUDci1member RiDdone was correct. It should be .CaIifornia Turf" in both the agenda recoauDeGdatiOD ad resolution. VOTE ON MOTION: appro9ed unanimously. 10. RESOLUTION 17703 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF CAB AND CHASSIS WITH DUMP BODY - Bids were received OD 10110/94 for a Cab and Chassis with dump body for Public Works Operations. Staff recommends COUIlcil approve the resolution awarding the CODtracI to Dion IDlemational Trucks. IDc. (Director of Public Works and Director of Finance) , . . END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED )ll'.li:OLUTIONS AND ORDINANCES II PUBLIC HEARING CONSIDERING THE V ACA TION OF THE PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE A VEIIo'UE. NORTH OF NAPLES STREET - CouDtry Club Villa Estates, OWDer of the triangular piece of property between Moss ad Naples Streets westerly of the juncture of those streets. bas requested that the City vacate the portion of Moss Street between Alpine Avenue and the aforementioaed illtersection. ID accordance with the California Streets and Higbways Code. on 10/4/94, CouDcillel the uaociated public bearing for 1111/94. Staff recommends approval of the resolution. (Director of Public Works) Time .-Ifk at or after 6:00 n.m. RESOLUTION 17704 ORDERING THE VACATION OF A PORTION OF MOSS STREET FROM ITS INTERSECTION WITH NAPLES STREET WESTERLY TO ALPINE A VENUE. NORTH OF NAPLES STREET I Mayor Nader stated the City Allorney _ ~g a poAible defect ill the ~cillg thaI could require a contilluance of the public bearing. He ~ take _II ud opeD the bearinl aDd If the A_y's .-.arcb _Iuded that the City bad to continue the item the teltimoDy tak. ww1d be iDcorporated illto the record. JoIm Lippill, Director of Public Works, pve a brief beI:qnNDd of the project ud staff _.........tiODs. Staff bad reviewed the Jetter IUbmilled by the c-illee 10 Save Moaa Slreet ad bad briefly reviewed it. The 8CCOUlltillg of the square footap _ incomcl ...ardilll the $6.000 for the _er.. .. ,t, wtlicb was actually 11.500 "I. ft. Therefore, the full value _ $18.306 X $5.00wtlicb _ $91.530 ad the COlt of the balfvalue of the "I. ft. would be $11.500 X 52.SO wtlicb _ $28,750 for. -' of $120.280. 1be valuatioa based OD the _lysis ill the staff report _ out 10 be the _. Staff felt it _ . policy clecisioa as to the iDstaUatiOD of improvemenll on Moss between Third ud Alpine or if thole fiInda abould be differently. 1be issue bad been ~f?re the Safety Commission, Pluutina Commiuion, ud Resource ColIIerYatioa Commission. The Safely COIIlID1SSlon and Planning Commissioa ftlC('......-r~ed conditiona that bad been iIIcluded ill the staff recommendations. ) 5' ~ c::t- J)--.. .;p;:r MiDutes November I, 1994 Pase 4 Mr Goss recommended thaI the $ I 00,000 referred to iD the report be utilized for curbs and JUtters or if that was DOt cbosen, thaI the money be PUI iDlo the area, i.e. the oeiShborbood revitaliutiOD prosram established iD thaI lleiSbborbood as there would probably be a need for capital improvemeots as thaI prosram evolved. Mayor Nader staled be bad beeo informed by the City AltOI'Iley that it was his opiniOD that the notice of the public beariDS was defective aDd, therefore, the public beariDS would have to be CDlltiDued. -; MS (NaderlFox) to continue the hearina to 11121/94 to pro.!de lea" notice, those speakers prmaIt would be Ii.en the opportunity to speak and ban their comments incorporated into the record when action was taken on 11121/94 or mum on 11121/94 to speak on the issue. v , Mr BooSaard iDformed Council the notice did not have the Ian,...,e required by CEQA that specified the specific discretionary action that the Council would have to CDIISider or the aicnificant impacts thaI were mitisaled by the mitisaled DOsalive declaratiOD. The public was eatitJed to know the eavil'OllJllelltal impacts in order to properly decide whetber to voice their concerns. Mr Lippill iDformed Council thaI notificalion could be mailed oul OD Wednesday which would allow the 20 days required nOlice. VOTE ON MOTION: apprond unanimously. Couocilmember Moore stated that part of the scbool route OD Naples had incomplete aidewalks. Mr. GoSs responded thaI the improvements on the north side of Moss did not iDclude sidewalks, only curbs and pllers. He lUegested thaI it be up to the Nei,hborhood Revitaliution Commillee to decide bow thal.money would be spent. ] Councilmember Moore stated if the project adversely affected A1piDe, Moss, and Naples that the money should be used on A1piDe, Moss, and Naples and if there was anything left over it could be prioritized by the NeiSbborbood Revitalization Commillee. Mayor Nader questioned if the Plaooin, COmmiSSiOD had recoouneoded that the item be deferred until there was a specific development proposal. ", Mr. Lippill responded thaI the Plaooio, CommissiOD's recommendation was that the issue ofvacatiOD be CDIISidered in conjunction with the proposed development of the property. Therefore, a condition had beeo added that Council's action would not become final until it was determined bow the property would be developed. Mayor Nader fell the PlaooinS Cnmmission recommendation was that Council should... the whole paouse when coosideriDS the vacation. He questiODed if it was part of the proposaJ that the VK&led property be livea to the private properly owoer. Mr. Lippill responded that half of the IIlreet on the trianJUlar side would revert to the property _ and the other half of the _ would revert to the solf course. As a CDIIdition, either the improvemeots would have to be put in on Moss or the owoer/deve1oper would have to pay the City $100,000. Mayor Nader ~0Ded wbetber $100.000 was the fair market value of the property. Mr. Lippill nopooded that it was hued on the _lysis of usiDS $5.00 aq. ft. hued on compuables in the area. There was also a reduced value because there was a 20 ft. water line ..se_t on Moss Aveaue in that area. Mayor Nader questioned whether the Safety Commission recommendation to widea Alpine Avenue was included in the staff reconuoendation. ] ~ /S--/c2.?;J Minules November I, 1994 Page S " Mr Lippill respoDded thai was correcl, the developer would be respoasible for those costs. All the improvemenls around the developmeDt were DOt part of the $100,000, they WDuld be required in coojunclion with the development of their property Council member RiDdoDe questioned if the Counlry Club would ..II the land thai reverted back 10 them 10 a developer. Mr. Lippill respoDded thai when the road was vacated the DOrth half of the road reverted 10 the Country Club and they bad an &lreemenl 10 ..II the property 10 the developer. Councilmember RiDdone stated be did DOl ~ where the Counlry Club would relUrn the value of the land 10 the City M r Lippill staled il was a lotal package. Tbe Cily would vacate the roadway for coasideralion of the improvements off-site OD Moss or $100,000. UpoD fulfillmenl of either of thoae condilions they would be relieved of havini 10 put in the improvemeDts in the future aloDa thai portiOD of Moss off-site. CouDcilmember Rindoile queslioDed if the fair markel value for the land of $ 120,000 was oDly for the southern half of the land or for bolh halves. M r Lippill respoDded thai il was for the Iotal property, both halves. Mayor Nader stated there was a reference in the letter rellardina a bicycle lane on Naples and he queslioned whelher that was being dODe. , Mr Lippill staled he would have 10 report back 10 Council. Mr. Goss staled that as a lleneral policy, III&IlY bicycle lanes were marked with sips ODIy and 001 striping. Mayor Nader thought the City was aoina 10 lanes. If staff oeecIed Council directiOD CIIl thai issue he requesled that il be aaeDdized. . Grea Cox, 3130 BODita Road, Suile 200, Chula Vista, CA, npreaeolina Counlry Club Villa Estates, stated they supported the staff recom"""'<lJlioos. 1be coodilion rellardinll the prohibilion of access 10 Alpine A venue from the applicants property was ODe thai staff was retollllllelldina Ihal discretioD be liven 10 staff based on the site plan beinll preaeoled. They felt the coodilion by staff Ihat Council aclion Dol be final unlil there was an acceptable site plan mel the coocems of the Planning CommiSSiOD. Tbey were prepared 10 move forward upon action by Council. Tbe)' bad worked oul an allreemeal with the Counlry Cub thai if they were successful in vacalinll the portiOD of Moss, the Counlry Club would live tide 10 their porUCIIl of the llreel to his clieDI and in consideralion for thai they would take CIIl the oblillation for the curbs and p\lerS, aome road....a)' improvements, and street JilhlS for the Ilretch of Moss loinll from Alpine all the way back 10 Third Aveoue, which was valued at approximately $130,000. 1bey preferred pulling in the missinl imp_IS rather tbao liviDa the City $100,000. Mayor Nader qUestiooecl if they inteodecl that when a ipeCific develop_t plan was IUbmittecl that il would be within the existiDll GeoeraJ Plan clesiptiClll. Mr. Cox respoadecl thai was correct. . Stepbell OaaeJ, III Elm SINet, SaIl Dieao, CA, r...,.-linll the SaIl Dielo Couolry Club, staled he WDuld speak al the 11122/94 _ing. . Alberti Cabella, 1098 Alpine Aveoue, Cbula Vista, CA, llaIed he would speak at lbe 11122/94 _mg. , . ~JY.2~i -- M iDutes November I, 1994 Pale 6 '1 ~. . Jean Taylor, 1070 Jacqualine Way, Cbula Vista, CA, _ted the literature stated it was 8,322 sq. ft. but in cbecking with the title compally and the County Map DivisioD they stated it was ODIy 6,3534 sq. ft. Mr Lippitt .tated that was the triangular parcel, but that was Dot being vacated. He would report beck to Council OD 11/22/94. Ms. Taylor recommended that as an alternative that COUDcil allow the exteDsiOD of Moss over into the Country Club and make a tum at First Aveaue. The land could then be traded for doing the curbs and improv_ts over to 'Third Aveaue. Sbe was agaiDst the closing of Moss Street. . Ramona Estabrook, 1103 DixOD Drive, C1ula Vista, CA, Ilaled she was agaiDst the closing of Moss Street and expressed CODcem regarding the access of emergeacy vehicles and iDcreased traffic belweeD Naples and Moss. Sbe bad Dot received Dotice of the poteatial vacatiOD of Moss Street. Sbe questioDed why the City bad Dot maintained Naples Street. . Robert Gans, 129 Naples Street, Cbula Vista, CA, stated be would speak at the 11/22/94 meeting. . Charles W Mitcbell, 161 Naples Street, Cbula Vista, CA, spoke in oppositioD to the closiDS of Moss Street. He expressed CODcem for the safety of childree walkinS to school due to the Darrow width of Naples and street deterioratioD. He said there bad Dever beea an accideat at the intersection of Naples and Moss Streets. He further expressed his CODcem regarding the safety of a .dog-leS. intersection. Mayor:Nader stated the staff report indicated there bad beea three accideats witbiD the last four years that were the result of drivers eastbound OD Moss failinS to yield the right-of-way to traffic eastbound OD Naples. Clifford Swanson, Deputy Director of Public Works/City Ensineer, responded that the informatioD in the staff report was correct. ~ . Raul Castorena, 1101 Second Aveaue, Cbula Vista, CA, stated be would speak at the 11122/94 meetinS. . JeaeDe L. Boyd. 115 Naples Street, Cbula Vista, CA, stated she would speak at the 11/22/94 meeting. . Jobo Krahacher, 147 Naples Street, Cbula Vista, CA, spoke in opposition to the staff recommendatiOD. He stated the 10/4/94 staff report referred to the low Dumber of accideats at the intersection and that those accidents mentioned did Dot appear to be attributable to the intersection. The report also referred to the people that used Alpine going DOrth and tbea cut through to Moss Street and vice-a versa. Now, the prescriptive right issue bad arisea whicb staled it could be COSIly to the City to defend it and the property OWDer Ilated be blocked the property at least ooe day per year since acquiriDS the land thus precludiDg the taking of the easement by prescriptive rights. He submitted 204 signed statements from the residents in the Deigbborbood that said they bad Dever ~ a barricade 00 the property. Therefore, be felt court actioo was eminent. He questiooed whether Council could discuss that and let them Iatow if they bad legal rights, what would bappea, what it would COSI, bow they would go about it, e1c. Mayor Nader Ilated that Council aeaerally discuased poteatia1 Iitigatioo in cIoeed -roo because if it was done before the public the attorneys 00 the other side of the i_ would bear the City's -gy and coofideatial advice. It could be put on for a closed _ion if the City AttOrDey felt it was worth pursuing. Mr. Jloopard Ilated be would review the issue and if be fell it apprllpl';ate would acbedule a c10sed -.ioo for the the -mg of 11122/94. He Ilated the documeats would be kept -..re in the Clerk's Office. Mr. lCrabecber Ilated due to the Ilate......ts made in the report regarding prescriptive rigbts be q_iODed if somoone did Dol have to say SOIIIeODe was rigbt and someone was wrong. By them proving their case it would move the proposed intersectiOD up to align Alpine and Alpine. ~ , 1 ~/5~d;L~ ~ M iDlltes November I, 1994 Page 7 " Mr. Boogaard stated the prescriptioo was not part of what was beiDg proposed to be vacated. It bad not been evaluated before because staffs recolDlMDdation was to vacate and DOt litigate a prescriptive easement over a private parcel. If staff was prepared to recoDIIDCDd a redesien of that _tion it would be relevant. Mayor Nader IlIUested the City Attorney review the iasue with staff to _ if that information would cbange the staff recommendatioo and if the recoDIIDCDdation was that the City did Dol wanl the easement then it wOllld not matter Staff would review the iasue and report back at the 11122/94 meetiDg. . Robert MacNear 121 Naples Street, Chula Vista, CA, stated be was OD the Castle Park Improvement Committee, and spoke in oppositioo to the staff recoDIIDCDdatiODs. He bad brougbtllp the issue of it beiDg a public access 'road iD the past and the City Attorney stated be would iDvestigate the matter and DothiDg more IIad been cIoDe. If il was public access land it belonged to the people. He expresaed CODcern regardiDg the deteriorating cooditiOD of Moss Street and the additional tnffic created by the project. Mayor Nader stated the City bad voted subslantial amounts of money for street resurfaciDg programs. He agreed witb the comments that the street bad not been maiDtaiDed adequately. He wanted staff to take tbe money appropriated for that purpose and use il because it was iD the budget. HaviDg been at that iDlersection common sense said that goometrics lead to the accidents iD the area. SometbiDg needed to be done regardiDg safety at the iDtersection regardless of wbat was built. , ColIDcilmember Moore stated the CIP program prioritiz.ed the street projects and that information should bave been given 10 the Revitalization Committee for review. He reqllested that staff notify COIIDcil as to the projected date for major pavement improvement on both Naples and Moss from the Hilltop 10 Third Avenlle area. He requested that iDformation be presenled at the 11/22/94 meetiDg. . Carolyn F.J. Butler, 97 Bishop Street, Chllla Vista, CA, spoke a.aiDsI the closiDg of Moss Street. When the area was brought iDto Chllla Vista the sidewalks, curbs, and autlen were to bave been fixed. Sbe wanted to know why the golf coune did not bave to fix their curbiDg OD that comer. Sbe suggested thai a stop Iigbt be placed 00 Moss after Hilltop. ColIDcilmember Fox questioned fuNre plans for streel widening or repair work in the vicinily of the subjecl area. He was concerned that some of the east/wesl streels were in danger of 1osiD. their residential cbaracter Mr. Swanson responded that there were DO currenl plans on the east/west _. Staff was studyiDg the east/west llreels iD the soutbem part of the City and priortizing the work. That should be cIoDe iD time for the next CIP budget. Naples Street was Dol 00 the seven year plan. The area was lIDder study, at the current lime tbere were DO plans to widen or improve Naples. Mr. Lippitt stated in the area of Castle Park staff bad been wodting on the revitaliDtion area and developiDg cost estimates to improve the streets. That was still at a preliminary stage. Mayor Nader stated be was talking about overIayiD. Naples. Mr Swanson responded thaI staff was studyiD. thai with the Neipborbood RevitaliDtiOD Committee. When that study was completed il could put il on a lU.ber priority. ColIDcilmember RiDdoae -nested that staff address in the C1P budpllbe IlliDimum of ODe major east/west street for improvement. The report iDdicated lbat staff believed thaI most of lbe _ of lbe cilizeos could be mitigated by: I) a Ilop sien at Naples Street ad Alpine Aveaue; and 2) bave ColIDcil approve development plans for the trianaular parcel prior to recordiD. the rerolution of VacatiOD. , ~ J~/d;2!r ~ J~)j COMMITTEE TO SAVE MOSS STREET A~~~~ ~~;t~~= ._~~ =~~~~~l ~;e-=3 St~-arr:~rt ot lr-4-;C frc~ -he ~-;_-~e~:-; ~ De=)r~~~~~! -eg5~d_n; ~~e V3C3~1or =1 ~=S= S~~~:-. we ;ff=~ ~~e f=_:0Wl~; C:OlT.!ih::f'itS. In ~e~~~arv :Q98 inst3113tlon of ~~provement$ on th~ No~t~ s~~e :f ~os~ ~--~a. were ~ot m~ce - ~t ~a$ ~=term1~ed, by the City. They we~e ~n~e~cec to ~~ im~o$ed at the time the oerm~nent Club house W~$ build on "L" St. This w;s not mace a condition of the bU11d~~g perm~t. 5a~ D~ego Cour.t~y Clw= com~~tte~ to oart1cloata in ~r=3 imprcv~men~s ~hroug~ ~ssassment Dis~r:c~. Se~ms eVery t1me the C=untry Club ~ants something fr~m ~he :1~V 1. ge~s :~. Li~e when the temporary club house was on Naples Street - ~~ere .~s a ~w~~ la~e on the street ~ithin days" Naples has just been posted as a bi~e ~atn - ho~ long w~ll it take tor the b~ke lane to be painted on the street~ No~ c~ce has the developer c~ntacted the people most attected by his devel~pme~~ pl~~. To m=e~ w~th ~$ ~nd tell us what the p13ns ar~ fo~ t~lS tr~an~le ;iece of lard ;~d hc~ It cowld ~~~rove our neighb~~hooc. ~~~rt~# ::_= t~~~:~ ~S~~~~S m~de an offar t~ San D~e~~ CJw~tr~ Clu~ ~~~~ :f ~i~y V;~3~~= Moss S~~~~~ bet~~en Al~~~e arc Naoles~ ~t '0 C~ST. :~e ==~=l~=c~ ~~uld l~s.all curb ~nc g~t~=~ ~nd p~vement ~long the ~ort~ $lCe ot ~oss~ 3~d ~ imcrove~=~ts along N;=les a~d Alcine. ~ Existi~; =~rcel cc~t;~~s o~ly 83:3 3~ua~= feet (~~ 924.9 s=. yarcs - !~ ac~e = 4,840 S~. y;rds) %o~~n; ~itMin the Gen~ral Plan ~s in the l~w derslty r3~;e of 3-6 dwell~~g u~its per acre. Withcut the vacateC st~eet the developer would have enough room to bw~ld one dwelling unit. With the vac;t~on of Moss Street the area ~~~ld gro~ to 39,126 square teet' Th~s is 4.7 t~mes the original sqware f~ct~g=. W~AT A DEAL' ~atar :~~e ~~~h ~~5a~e~t =1 accr=~~ma~€:' 6,000 $=. feet wi:~ be _~Lse~=:e ~y the acol~=~nt - tMerefo~e 1t is based on 501 of fwll value o~ .2.~C oer ~.f. Why was t~e vacata= ~r.wseable l~nd listed as 11,500 s.f.~ ShDulc~'t it ~: 6,000 s.t.~ This is a ditterence ot 5,550 s.t. or $13,759' Let's ~ecalc~late this whole thing: Existing lot: Vacation CC Vacation parcel TOTAL LAND WITH VACATION Less Alpine Easement TOTAL Less water e~sement TOTAL Less ex~st~ng lot: COST tull value COST 1/2 value TOTAL MOSS ST. VACATION 8,323 s.t. 12,259 s.t. 18.544 s.t. 39,129 s.t. 1.000 s.t. 38,129 s.t. 6.000 s.t. 32,129 s.t. 8.323 s.t. 23,806 s. t. 6.000 s.t. 29,806 X $5.00 s.f. = X $2.50 5.f. = $11<;>,030 15.000 TOTAL COST OF VACATION TO APPLICANT SHOULD BE: $134,030 /5/.2.2~ - A0d at t~at the developer is gett~ng a bargain. The developer is ~~:l~ng g~ve t~e C~ty $100,000 ~o~th of construct~on 310ng the North s~je of Moss Street (that should have been done years agol. Generous man' -- .V -" 1 What ~ill be the cost of street vacation along the ex~sting Alp~ne Avenue ~f it is closed? Will ~e also get the low purchase price of $5.00 a s.f., because of the odd configurat~on of the land? Clos~ng Moss at Alpine and leaving the "dog leg" street, called Alpine Avenue, is the most illog~cal p13nning we've ever encountered - all to satisfy one developer? Unbelievable' The closure of Moss Street, as proposed by Chu13 Vista Villa Estates creates an ~ntersection that will be, by far, more dangerous than that of the existing juncture of Moss and Naples. In so changing the intersection to that proposed by Chula Vista Villa Estates, the City AND Chula Vista Villa Estates will be liable for ~ny accident occurring there. The noise impact which "may cause the new residences on the triangle parcel to require a noise wall" could also apply to many resident along Naples Street. Wouldn't that be nice for our neighborhood - all houses with "noise walls" in front where graffiti artists will have a f~eld day. Our ne~ghbors mentioned that for all these years our uns~ghtly "back yard" to the Country Club has been left to accumulate debris and the triangle lot to g~o~ unchecked for years on end. All the sudden there is a "concern" about the area and the triangle lot is being cleaned occasionally. This prOJected project has turned neighbor aga~nst ne~ghbor, those in favor of the closure (mostly along Moss Street) where the owners feel there will be a significant decrease in traffic and their property will gain in value (without thinking about their neighbors who will be facing more traffic and a decrease in property values) and those opposed who feel that things should stay as they are. Fix what's broken first - like the curbs, gutters, sidewalks along Naples Street and Moss Street' - Our intention, last year, was to bring to the Planning Commissions attent~on the huge amount of traffic on Naples Street and the unsafe conditions for children walking to and from school. We never intended that it should be interpreted that the absence of sidewalks along the North side of Moss Street impacts the children to use Naples. Children walking on Moss Street use the sidewalks on the South side of the street. Our main concern is for the children along Naples Street and the lack of sidewalks on the South side of the street and on portions of the North side of the street, the increase in traffic from the closure of Moss Street, we believe there will be more than a 5':( increase. We believe the City has right-of-way for ~lignment of Alpine Avenue on the North side of Naples Street with the existing portion on the South Side. An easement should be obtained by the City for this alignment. The property owner claims that the this area has been blocked at least one day a year since acquiring the land. As long time residents in this area ~e declare that the area has been used daily as a short cut from the South side of Alpine across the lot to meet Moss Street, by long and short time residents. This area has NOT been block~ fo::?ev~ oJ!! ~~rain or shine - t9?9foh~bit or restrict this access. ~..6L.- ~....t?'(;.. {!#,utv.- c..U. '/J?~ j('~ C~~~ ' . ae./,,~/ ~Ca,5t;u;f4' J5'''02;2Q ~~fG'. ~~1A--' aa.."J ~ fr~ y~ ~GjJ / R~i=. /'-(~-,. .1'-. " -- ~--- k-n /5 !! ~ , - =- November 19, 1994 ;~ I .,. n ~ rrI ".F. < Tim Nader, Mayor ~. i1 .,. 276 4th Ave. l ~ 0 Chula Vista, CA 91910 ~ - Re: Moss Street~losure Dear Mayor Nader, In 1949 when my wife and I purchased the lot on the Southeast corner of Naples and Alpine, the land West of Alp1ne (between Moss and Naples) was a large vegetable field. The "jog" on Alpine was a part of the plan of Bob Casey's Robinhood Subdiv1sion. Tha1/r "jog" has been the reason for the past controversies of the "pieshaped" piece of land and the proposed clos1ng of Moss Street. After several attempts by Bob Casey to build on the plot, he sold it to Frank Ferre1ra. When the late Pete DeGraaf was Mayor and the area South of Naples Street was st111 County this same problem came before the C1ty Council and for "safety reasons" was defeated. The last t1me Mr. Ferreira was turned down on h1S proposal, he publicly offered h1S land to the C1ty for a "park". If this were made into a "greenbelt park" the ne1ghbors would probably take it on as a community project to beaut1fy and improve our neighborhood. No action had been taken until last October and November when the Country Club Villa Estates proposal came up before the Safety and Planning Commiss10ns. The last recommendations of the Planning Commission were that there be no act10n on the closure of Moss Street until the developer submitted plans for the development of the property. Now, we are here for the 6th or 7th time. The car count, taken last year, by the City was over 13,000 veh1cles daily on Moss and Naples Streets. If Moss Street is closed, we will have 10,000 plus vehicles daily on Naples Street. If the proposed plan of Country Club Villa Estates is approved this w111 put add1t10nal traffic eX1ting onto Naples - causing more hazard. Added to this the proposal of Country Club Townhomes for development of the property on Northwest quadrant of H111top Drive and Naples Street wh1ch will also exit onto Naples causing horrendous traffic problems for our area. Naples Street is a major East-West route for City Buses, Sweetwater Un10n High School D1strict Buses, Hartson's Ambulances (to and from Sharp Chula Vista Hosp1tal), de11very trucks, etc. The South side of Naples is in great need of upgrading plus curbs and sidewalks. If the Council votes to close Moss Street we w111 have one of the biggest bottle necks in Chula Vista at the intersection of Alpine and Naples Street. /5/c230 Please keep Moss Street Open. cc: Mayor Elect Shirley Horton Chula Vista City Council Sincerely, 9?J. Frances M. Gans ~~ Robert E. Gans 129 Naples Street Chula Vista, CA 91911 Jfr-e2J/ cL.&. V~L C. ~-^7 /J .j ~~ 7r~ Jz! . .~~ :!77 ?2~/' J;t --,,~.4 ---L<- ~/ ~ ~~rz---t--"'~~~--<- r ~ ~;fe~~ . ~~ ~/ ;hl;lo~ /1;1C n~E-. -)~ ~~~/ 7J~JC~/, '71 ill .... .. ~ t P > .~ ~ : ! C II Ii /5'/cl);L ::Ln/7 IS //-~/)-9i ~. ~k ~....d 7-.~ ~r;- "ICJt? ~ " ~ 4, . ,/ ~ ~(?.,z~~A~-d- --------- --1:-:.~~-~-d-j// ~.---- _______ '/.A' ~ PA, _ __n __ __2V~ _:.__E~~ _JiH~J2./ ~__E) ~ ~k~_2V -=-~~ -7-....-- -~.. 11'# p f'.i! .tE~~~~/-_i:?~~C_Qf~ E ~~_ J:S -~y - 1>/ . O.nv ~~~LLY~j_'i_2_y'_aZt:..~~.t:r:.;r~. -_=_____ 1_ _ ~--~~tt~~- . ~-~~I1f.......-6P(}~ P ~~ ~~:~.. -' : ~ ~tt4-e~-fp.~~ ~ t'~:~L ~ -7PXJ ~,_._-----~-_.__._._':---------"----- I I ~ . -----..---- .._#.. I...J.:-")~ _ .I -+-:: '. f) ___, _._____,.'_.~ n_'_ _!~.,____.~_,_.__.___~_... ~ /f'Z- .P-? ---~- ~.?;~~ F -. . . ~ t-c- . -~~. . -~~~-!;~j~~ ~ ~ -:;'1.JJ:J.s-~_pt:_d2.~n ~ .. _ ~tf.,A"^!U-~_~'_ - --.-..'---or-' - .:1,.. ~ . - c9, . ~.. i!.ll-:::.;;; i:: Je::::;' ~ ~ .xA~ . ?~ -0-- c::Q. ~_.. _:z..-::1_fL-__ . ..._J'Jtk~__ .- - ~ ;t;; tA.e ~ '1>_______________ __ ___j~?:pl___. --- .-----.- -~---- .. :s: . .._~_. .-rr:- _0 --+-J _ ~ .~--~------ kvt- --- -r---- -- I'll r'll 18 eo' . - -ii- ~I , -- a! ~ , .. . . = ji ~ ALPINE AVENUE (! ~ I = . ~ e: ~ '~ - . j > ~ . \!\\ . , . ...! '-\) ~" 0 < s. Ai.PINE AVENUE - ~ ~ ~ ~ 'JJ F J: ~ .. lr, ~ 0 > \"' " C'I.l \\ \J\ C'I.l -= Z ~ ~ ~ ~ t~~ ~ f > " 2 ,\ -t vI ~ t!I!J 2 I ",~o.o t!I!J - .. ~ ~ 2 I:D II ... \\ ':_~,'i, ... C'l \~::~ ... I ~::-: , ... \fl ' .- ... = - :. \.. "-t\ ~ ~ n n ill:i -= ~ ~ -I I tit I"l" f'l " ~$. ~ $1 's ~i ;!I i"~ ~ ~ - ;!II .. 2 \ FIRST AVENUE ! -.- ~ {II. . i - · .- o . , I .e - ; - .. iil~ )5/ J-J 80' ~ IiI:: l~ , J'~ ... '\ REVISED . .: I ,tJ .,.. .. NOTICE OF PUBLIC HEARING '.J. BY THE CITY COUNCIL OF .. .' CHULA VISTA, CALIFORNIA . .,_' iJ . iL ",., ~1 .....' . ..,;; NO};' IS. liERE GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE . C CO{}NCIL I{hula Vista, California, for the purpose of considering a request for vacation .oft;~t right-o~-way for a portion o.f M~ss Street. between Alpine Avenue and First Avenue In addance with ~8333 of the Califorma and Highways Code, a street or ponion thereof may bfvacated by the City Council after a public hearing is held to consider the matter. The vacation request was filed by Cox and Associates, representing Country Club Villa Estates. Details are available in the Department of Public Works, Engineering Division. .. ~" . . .. An ~ial Study, IS-94-01 of possible significant environmental impacts has been conducted by the ~vironmental Review Coordinator. A finding of no significant environmental impacts, and a recommendation to adopt a Negative Declaration is going before the City Council on November 22, 1994, and the Initial Study, completed Negative Declaration and the following referenced documents are on file and available in the offices of the Planning Department at 276 Fourth Ave., Chula Vista. Referenced documents include: (I) General Plan, City of Chula Vista Title 19, Chula Vista Municipal Code, (2) City of Chula Vista Environmental Review Procedures (3) EIR-89-11 (4) Memorandum from Hans Giroux to Barbara Reid, 10/22/93 (5) Speed Limit - Engineering, Traffic Survey: Naples Street (Third Ave. - First Ave.) Naples Street (First Ave. - Hilltop Dr.). . Any petitions or comments on the Negative Declaration to be submitted to the City Council must be received by the City Clerk's office no later than noon of the hearing date. If you wish to challenge the City's action on this 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 Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL, in accordance with. Council Resolution of Intention No. 17681, on Tuesday, November 22, 1994 at or after 6:00 p.m. in the Council Chambers, Public Services Building, Civic Center Complex, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: November 2, 1994 PUBLIC WORKS, ENGINEERING DIVISION FILE NO. PV-D57 J.5',)J6 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item / " Meeting Date 11/22/94 Public Hearing: PCM-94-20/PCA-94-02; Consideration of amendments to the City Landscape Manual and associated amendments to the Municipal Code - City initiated /j. Ordinance .2.1,1J. 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 Resolution J77..1hdopting the revised Landscape Manual of the City of Chula Vista, superseding the State Model Code, and repealing Council Policy Number 476-04 lJ. (4/5ths Vote: Yes_No.lO 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 Landscape 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 5-0 on July 25, 1994), and the Parks and Recreation Commission (by a vote of 6-0 on July 21, 1994), have all endorsed the revised Manual and associated code amendments. /t- / ,{tP Page 2, Item / ~ Meeting Date 11/22/94 DISCUSSION: In 1990, the California State Legislature enacted Assembly Bill 325, 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 1, 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 guide 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 /" ..,,;.. Page 3, Item ~ Meeting Date 11/22/94 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. 5. 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 fire 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 Landscaoinl! 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 plant material. The Public Landscaping 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 area/drive lanes. The proposal for park installations is 10' wide x 18' deep, with no compact stalls considered, and back-up area/drive 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 /J,'J Page 4, Item 1L Meeting Date 11/22/94 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 Landscape 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 Landscape 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. It''! Page 5, Item ~ Meeting Date 11/22/94 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 AB 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 over 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 final 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 Model/Comnarison 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: It -f Page 6, Item JL Meeting Date 11/22/94 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 Audit/Budget . 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) will 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 will 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. If,'" " Page 7, Item / /, Meeting Date 11/22/94 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.94.20/PCA.94..Q2. /,' " ~ 4. Minutes from the Planning Commission meeting of September 28, 1994. If 5. Minutes from the Resource Conservation Commission meeting of August 8, 1994. /I 6. Minutes from the Parks & Recreation Commission meeting of July 21, 1994 I) 7 Letter from Chula Vista Chamber of Commerce, dated August 31, 1994 II 8. Current City Landscape Manual. 9. Revised City Landscape Manual. (m: \home\planning\landscape.l13) J~-7//"-U_ . . . J(;:- /:6 PLANNING COMMISSION RESOLUTION PCM-94-20/PCA-94-02 _~ /t-i RESOLUTION PCM-94-20IPCA-94-02 """\ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF THE REVISED CITY LANDSCAPE MANUAL AND A COMPANION ORDINANCE, CONTAINING ASSOCIATED AMENDMENTS TO THE MUNICIPAL CODE, AND REPEAL OF CITY COUNCIL POLICY #476-04 - 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 and associated amendments to the Municipal Code which would implement the water conservation measures called for by AB 325, .to include specifications and requirements unique to Public Works projects; and which would 'also update the Manual to current practices from its last revision in 1978; and WHEREAS, such amendments were so extensive it was desirable to completely replace """\ the existing Manual with a revised Landscape Manual, and WHEREAS, a representative of the State Department of Water Resources has reviewed the Landscape Manual and concluded that its provisions incorporate all matters required by the Model Code (now in effect by operation of law), 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, the Planning Director set the time and place for a bearing on said amendments 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 bearing; and WHEREAS, the hearing was held at the time and place as advenised, namely 7:00 p.m., '1 September 28, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and _~ /~ ~/O . . . RESOLUTION PCM-94-20IPCA-94-20 Page 2 WHEREAS, SANDAG, serving as the Regional Growth Management Strategy (ROMS) Review Board, has prepared a RGMS which includes a self-certification process to ensure consistency between the strategy's recommended actions and relevant plans, policies and ordinances of local jurisdictions; and WHEREAS, the RGMS calls for a water reclamation and water efficient ordinances, or equivalent, to be adopted by local jurisdictions for all new constnlCtion (other than single family); and .' ".~ . WHEREAS, Chula Vista has completed a Consistency Checklist and has found the Revised Chula Vista Landscape Manual to be consistent in meeting the intent of AB 325, and in achieving the Quality of Life Standards and Objectives contained in the RGMS. NOW, lHEREFORE BE IT RESOLVED that the Planning Commission recommends that the City Council; (1) adopt the attached Draft City Council Resolution approving the Revised Landscape Manual, superseding the current Landscape Manual and State Model Code, and repealing Council Policy No. 476-04, and (2) adopt the attached Draft Ordinance enacting . the associated Municipal Code amendments, both based on the findings contained therein; BE IT FURlHER RESOLVED that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY lHE CITY PLANNING COMMISSION OF mE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of September, 1994, by the following vote, to- wit: AYES: Commissioners Fuller, Martin, Moot, Ray, Salas, Tuchscher NOES: None ABSENT: Commissioner Tarantino (excused) ~p"' ArrEST: William C. Tuchscher n, Chairman WI'C F:\HOMIl\PLANNING\I48l.93 ~ 1/;-)/ "'""" PLANNING COMMISSION MINUTES September 28, 1994 I ~ '1 ~ /& ---J:2.. . Excemt from Planninl! Commission Minutes of 9/28/94 ITEM 3. PUBUC HEARING: PCM-94-20/PCA-94-02; CONSIDERATION OF AMENDMENTS TO THE CITY LANDSCAPE MANUAL AND ASSOCIATED AMENDMENTS TO THE MUNICIPAL CODE - City initiated Landscape Planner Williams stated that this item had been continued from the meeting of August 10, 1994, in order for the development community to have additional time to review and comment on the fmal draft of the Manual. Various comments bad been received which had resulted in some minor changes in the text. The overall format and information remained consistent with the August 10 Planning ColllII1ission packet. Staff had received endorsement from the Chamber of Commerce and Otay Water District; the local chapter of the American Society of Landscape Architects endorsed the Manual in concept. However. some minor technical clarifications expressed by ASLA would be resolved prior to Council adoption, and an additional requirement to address brush management would also be added. Mr. Williams continued by describing the components of the Manual. He noted that the Manual had been reviewed by the State Department of Water Resources and found to be in compliance with AB325. Mr Williams introduced Landscape Architect Marty Schmidt of the Parks and Recreation Department, who was available to answer questions. . . Commissioner Manin stated that there was a real problem in the shopping center on the comer of Founh and "F". He was uncomfonable driving his car there because of the inability to see around the landscaping. Assistant Planning Director Lee replied that there were two components to landscape plans. the original installation and maintenance. There were maintenance agreements with various developers, but other than some type of problem occurring or something brought to staffs _ attention. an area is not reviewed. Staff would be happy to review the problem with the shopping center owner. Commissioner Moot asked about the "watering window, " regarding the comment that some of , the developers of EastLake and Baldwin felt that it would increase or add some additional irrigation meters with some fiscal impact to them. He wanted to know how it was resolved. Landscape Architect Schmidt stated the .watering window. was required of the development industry by the Parks and Recreation Department. The criteria was established due to the time restraints within which staff is able to irrigate both the parks and open space areas. As a result, those timeframes were incorporated into the manual so that when parks and open space areas are designed and intended for tum-over to the City for maiDIenance. they would be designed in such a fashion that staff would have irrigation systems that functioned and met the design and time parameters that the City must adhere to. Mr. Schmidt stated there would be an increase in cost of the systems over the cost of systems which did DOt have a rim;", system, but it was necessary for City mll;nt"'~. . Commissioner Moot asked if this was different from the way it was done before the Landscape Manual. Mr. Schmidt said there was no set criteria in the current 'Jlnd""'PC Manual. The / t -/' 7' Landscape Manual bad not been revised since 1978, and since that point in time there bad been ./ more development within the central and eastern portions of Chula Vista with additional acreage of open space and turn-key parks which bad been developed. This was a situation which bad evolved with the type of development which was occurring. Staff was responding and trying to establish some type of criteria and parameters within which to develop these new communities """" and master planned residential areas. Commissioner Fuller asked if some of those open spaces would have to be retrofitted with additional irrigation meters. Mr. Schmidt answered negatively; those areas had been turned over to the City, and systems that were designed and installed and subsequently turned over to the City would have to be retrofit and revised through the City's capital improvement process or would have to be maintained with the devices available to the City. Commissioner Ray asked about the comparison between the City Manual and the State model, and why two items were not included in the:City Manual which were in the State model--the water audit budget and the special meter requirements. Mr. Williams stated that the City was not in the business of selling water The Otay Water District had its own ordinance which addressed those two areas. They required separate water meters for new landscaped areas. Since this was something already covered by the water purveyor, staff did not feel it was appropriate to go into the Manual. The intent of the Manual was to set up more definitive and more stringent design criteria which a professional would be able to use to create a design that would conserve water It was not staffs role to police the use of water, and it was already addressed and covered in Otay Water District's ordinance. :Replying to Commissioner Ray, Mr. Williams stated that during the development of the Manual, staff had been working with the Otay Water District who was developing their own water ordinance. They saw the effort of conserving and managing water as a cooperative effort by the """'\ City and any local water purveyor. Commissioner Ray concluded that this was being set up as a guideline, and the enforcement of it was being left to private enterprise. Mr. Williams stated the City would be enforcing any requirements and standards set forth in the Manual; however, if Otay Water required separate water meters, it was something the City staff would be looking for when plans came through for plan check. Typically, many of the projects were required to be approved by Otay Water prior to City approval Commissioner Ray stated that at worst case, if anything were to change with the Water Districts, the Water Districts would impose a stricter guideline. Mr. Williams concurred. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MSC (FuIIerlMartin) 6-0 (Commillcioner Tarantino excused) to adopt Resolution PCM-94-20 and PCA-94-02 recommending that the City Council approve the amendments to the City Landscape Manual and associated amendments to the MwlidpaI Code in accordance with the rmdings contained in the draft City Council Resolution and Ordinance. Chair Tuchscher congratulated staff on a long, tedious, drawn-out process which had been done well. """'\ ~ /[,-/1 AGBNDA """\ Resource Conservation Commission Chula Vista, California 6:30 p.m. Monday, August 8, 1994 Council Conference City Hall Building 276 Fourth Ave. Chula Vista Excernt from Minutes of Auaust ,. 199.. 2. city Landscape Manual Staff Presentation - Mr. Reid reminded members that they had review this item some months ago in conjunction with the Negative Declaration. He stated that the city Attorney had since ruled that this project is exempt from environmental review. Landscape planner Garry williams stated that there had been numerous revisions to the document, including input form two developer workshops. Commi ttee Discussion - Member Ghougassian stated that the current manual is a definite improvement over the previous ~ document; other members concurred. Member Xracha disagreed with the generalities regarding eucalyptus trees on page 27, noting that many species are hazardous. He also stated that while contractors are required to install trees with a minimum 3" girth, the city does not appear to adhere to this. (Member Ghoughassian left the meeting at 7:30 p.m.) MSUC (Hall\Kracha) (4-0) to recommend adoption of the landscape manual. Member Myers commented that she did not find the wording regarding use of drought-tolerant planting to be strong enough. ~ ~/cf-/~ """'" Excerot from the Parks & Recreation Commission Minutes of 7/21/94 c. Landscaoe Manual Landscape Architect Martin Schmidt briefed the Commission on minor changes that have been made to the Landscape Manual. . Motion to approve the amendments to the Landscape Manual. MSUC Wll..LETT/PALMA '-0 """'" ~/;;: ~ /~ ""'" . . . LETrER FROM CHULA VISTA CHAMBER OF COMMERCE dated A~gust 31, 1994 ;JYJt-/)7 AN 'NVESTMENT IN THE FUTURE BOA:'.r C.F DIRECTORS Prf'i>.,j~n: '"': '.- ~ ..- ~e= oo:~- E~e':'! ~ "\ ,d:: ".~.,. ;"t j. -'i -,:5- G e: : "'E.', '" .~ s.' J=. ~ ....;. -. "'~r.b~'5 - - -o:'._,~ ::.~ -~::. Me--~€' =:'E ...:-e"'-'f . :....~.. S,P.E ......, ..,:.. ~::"e'" Si: ",i- S..:.:. -fU,f'. ...3" _,:.,-...".. - ':"'" ~ -._.. ., :. ,:' 1"'"1', ~ S" 'j- I. , ;...,: ~,~ :. eo-'.f' ~"J ;. c' :'- ;,..) - - .:- ; ~I~' Pr..Ii1enl - t.;. G8..'a-.a...~~ ~e:Jt 'It Dir.ctor .;....5 CHULA VISTA CHAMBER OF COMMERCE --- ------ --..-- August 31,1994 , Garry B. Williams Landscape Planner Planning Depanment City of Chula Vista 276 Founh Avenue Chula Vista. Calif 91910 Dear Mr. Williams: First, lei me introduce myself. I am Rod Davis the new - since I April, 1994 - executive director of the Chamber. ] sincerely appreciate the opportunity to review the City of Chula Vista's Landscape Manual. It is certainly an impressive work and looks to be direct and to the point. ]t should go far in silencing those who have criticized our City's landscaping requirements as subjective and capricious. With a definitive guide in hand, which is available to both applicant and planner, any questions as to requirements should be easily answered by citing chapter and verse. When the manual is printed, the Chamber would like to have several copies. Sincerely yours, Chula Vista Chamber of Commerce - .' 4---:c::c--<. ~ I{~~d' F. Davis Executive Director RFD:ce cc: John Goss George Krempl 7 /~/.2{} ACCREDITED C~.".l":"'''!'=' ........, ,."""" ........"...... ""'" ""'" :' f:C_\".c..~AVE"-uE.CHUlAVISTA.,CALIFORNIA8"'C.TEL (6")'201103 .""", (existing City Landscape Manual) . CITY OF CHULA VISTA LANDSCAPE MANUAL ""'" Approved by Planning Commission Res. PCM-75-B on July 9, 1975 Adopted by City Council Res. 785B on August 5, 1975 Amended by City Council Res. 9235 on August 22, 1978 ""'" ~/t~;22-. . . . J.a.hdSC~QJ . Yt'\Q.Y\UQ. \ INTRODUCTION It is with considerable pleasure that the Chula Vista Planning Department submits this municipality's recently adopted Landscape Manual to the people, design professionals, and contractors of the Chula Vista Planning Area. While the ~ew manual incorporates much of the technical information embodied in the old manual, it places a greater emphasis upon landscape design, and the emerging role of landscaping as an environmental planning art. Landscaping can no longer be regarded as botanical decoration. It also can no longer be limited to the remedial role of tempering poor building designs, ineffective land plans, or insensitive highway plans. Acceptable landscaping must meet the public's demand for orderly growth, improved amenity, aesthetic quality, and environmental progress. Cities are the masterpiece of man, and their comprehensive landscape must conform and promote his highest ideals. In terms of landscape planning, the City is responsible for the protection of two inherent values of the existing landscape and future changes in the landscape. The first and most commonly thought of reason for landscaping is its aesthetic value. Visual qualities are protected by minimum planting requirements and good landscape design. A second, and by no means less importan~value is that plants are the least expensive and most appropriate form of erosion control. When new development or redevelopment takes place, it usually involves the disturbance of natural slopes and the destruction of some topsoil. ~ Jtf,--~:J / , ' I" , i Replanting of graded slopes accomplishes the following: o Checks wind erosion o Checks water erosion o Rebuilds the soil o Enhances the appearance of the area The alternative to planting is, of course, paved slopes and the excessive use of paved channels. Planting to enhance and protect the cityscape is a simple, logical approach to conservation of the quality environment desired by all. """ ""'\ ~ 7;? /~ /~i . . . 1. GENERAL LANDSCAPE STANDARDS 1.1 Single family and two family dwellings. The construction of single family homes or duplexes on an individual lot with no graded slopes does not require the submission of a landscaping plan; however, planting and irrigation plans are'required for those areas zoned P.U.D. (Planned Unit Development) or P (Precise Plan) wherein specific land- scaping requirements are part of the approved plan. In addition, the . creation of any s.lope areas which require a grading permit will require planting and irrigation plans. An irrigation system will be required on all slopes over 6 feet in vertical height. The general standard for those lots not requiring complete plans will be one street tree per lot. Each lot with a width of 60 feet or less will provide one street tree. Lots wider than 60 feet shall provide a street tree every 40 feet. Trees shall be planted in the public right of way or in a tree easement. No plan is required; however, tree sizes and species must be in accordance with the City requirements for street trees (see Chapter 12.32 of the Chula Vista Municipal Code). Location of trees must be verified and approved by all utility companies. 1.2 Development other than single family and duplex construction. The following projects will require the submission of complete land- scape plans, including planting and irrigation plans. (See Sections 4.1, 4.2 and 4.3 for processing) o Multiple family o coornercia 1 o Industrial o Planned Unit Development o Unclassified uses _~ /t---.2S- ~.~ ,. i o Remodeling over $10,000 for the above uses o Developments with Precise Plans o Parking lots with five or more stalls o Graded slopes 2. LANDSCAPE ELEMENTS 2.1 Grading. All grading shall, conform to City grading standards. (See Chapter 15.04 of the Municipal Code.) 2.2 Planting. All areas of the site on which new grades have been created or vegetation has been disturbed will be planted. One of two types of planting will be required. Type I plantings are those which require an ongoing water treat- ment which is greater than natural rainfall. Generally, all visible areas adjacent to the right of way will be Type I plantings. The City Landscape Architect may designate any other areas as Type I if required to maintain the aesthetic quality of the community. Included in Type I planting will be fire resistant strips necessary between structures and natural open space. Type II plantings are defined by the characteristic that, once established, the plants will survive and grow with only natural rainfall. For example, Type II plantings could consist of hydro-seeding with native vegetation which is irrigated until materials are established. 2.3 IrriQation. Irrigation either by a permanent automatic sprinkler system or manually controlled sprinkler system shall be installed as appropriate to the type of planting served. Generally Type I plantings will require a permanent automatic sprinkler system. Type II plantings 2~ /~~~? ~ ~ " . . . will require a temporary sprinkler system. A few small plantings of either type may be served by a hose bibb if the hose bibb is no further than 50 feet from any point in the planting area. 2.4 Decorative Landscaping. The use of architectural features, paving, fences, walls, mounds, boulders, gravels, lighting, water and inert ground covers is encouraged in conjunction with landscape plantings, if they are well designed and compatible with community aesthetic values. 2.5 Earthen Mounds. Mounds which are used as screens and/or to receive plant material shall have a slope no steeper than 2:1. (Example: a 2-1/2 foot high mound with a rounded top would require a minimum planter width of approximately 14 feet.) 3. LANDSCAPE PLANS 3.1 General Requirements. Landscaping and irrigation plans shall be prepared by a registered landscape architect or by a person who demon- strates to the satisfaction of the Director of Planning or his designated representative by the completeness and content of his plan that he has sufficient knowledge of irrigation systems, characteristics of plant materials, design principles, planting techniques, soil characteristics and grading principles, to cause the landscape plan to achieve its Objective (such as erosion control, screening of a storage area, beau- tification of the development, etc.) without causing such problems as uprooting of sidewalks, loss of sight distance, or death or deterioration of the plant materials. In general, a higher degree of professionalism shall be required of the larger landscape projects than of the smaller ones. 3.1.1 Plans shall include the name, address, phone number, date, and signature of person who prepared the plans. ~ ;i--2? ! 1,,1 3_ 3.1.2 Plans shall be prepared in such a manner as to delineate all proposed improvements in a clear, accurate, and complete manner. All existing utilities and structures shall be shown. 3.1.3 Planting and irrigation plans will be submitted on 24" x 36" blueline or blackline copies. When planting and irriga- tion plans are required by the Department of Public Works, they shall be prepared in ink on a'standard Chula Vista "D" sheet linen (24" x 36" overall dimensions) which is available in the Engineering Division. An alternate method of preparation is to draw the plan in pencil on a standard Chula Vista "D" sheet vellum (also 24" x 36"). Upon final approval of plan, however, a mylar reproduction shall be provided by the applicant. 3.2 Planting Plan Requirements. 3.2.1 Installation and size and location of plants. 3.2.2 Symbolic representation of mature size of proposed plants. 3.2.3 Botanical and common names of all plants including seeds or stolons to be planted. 3.2.4 Specification of quantity, quality, and installation of plants, seeds, soil amendments, herbicides, insecticides, and fert il i zers. 3.2.5 Details of various landscape features as required to clearly define the intended finished installation. 3.3 Irrigation Plan. 3.3.1 Static water pressure available at the meter. 3.3.2 Meter size and location. 3.3.3 Point of connection to water source. 3.3.4 Type, size, and location of backflow device(s) proposed. 3.3.5 Type, size, and location of control valves. ~ /;1. ~ 2;S 4 "'"'" """\ """\ . . . 3.3.6 Type, size and location of automatic controller, if applicable. 3.3.7 Type, size, class and location of all pipes. 3.3.8 Type and size of all conduits or chase pipes. 3.3.9 Type, size and location of all irrigation heads. 3.3.10 Elevations sufficient to calculate head (psi) gain or loss in any given circuit and to determint the need for pressure reduction, pressure relief or air release devices when elevation variations create a head (psi) gain or loss of ten (10) pounds or more. 3.3.11 Provide model (s)/brand(s) of irrigation equipment specified or complete description of equipment as a material and performance spec ifi cati on. 3.3.12 Show all existing underground and overhead utility lines. 3.3.13 Refer to the sample irrigation plan and/or consult the City Landscape Architect if necessary. 3.4 Other Plans (if applicable) 3.4.1 Outdoor lighting plan. 3.4.2 Special grading for decorative purposes (mounds, waterways. etc.) . 3.4.3 Shop drawings of entrance signs, directional signs, land- scape furniture, etc. 4 PLAN REVIEW PROCESS 4.1 Slope Planting and Irrigation. The procedure for processing slope planting and irrigation plans is as follows: 4.1.1 Submit four (4) copies of all required slope planting, irrigation plans, and other plans, if applicable, to the Engineering Division. (See Section 3.1.3 for map size.) -~ /~'--.)...7 . ' III f' 4.1.2 Submit three sets of plans to the local utility companies for review. 4.1.3 Plans will be reviewed by the Planning, Public Works and Parks and Recreation Departments for compliance with applicable ordinances. 4.1.4 When plans have been ~hecked, applicant will be notified so that he may pick up plans and make necessary corrections. Four (4) copies of the corrected plans and the check prints will be resubmitted to the Engineering Division for further checking. If corrected plans are acceptable, they will be approved by the Directors of Planning, Public Works, and Building and Housing, (and Parks and Recreation, if an Open Space Maintenance District is involved). 4.1.5 Following approval, the applicant shall furnish the Engineering Division with four (4) blueline or blackline copies of the signed plans. If the plans were prepared on vellums, applicant will also furnish one complete set of mylar reproductions. 4.2 New Construction. The procedure for processing planting and irrigation plans for new construction (see Section 1.2) shall be as follows: 4.2.1 Submit three (3) copies of planting or irrigation plans to the Building Department with all required building plans. (See Section 3.1.3 for map size.) 4.2.2 Submit three sets of plans to the local utility companies for review. 4.2.3 Plans will be reviewed by the Planning and Public Works Departments for compliance with applicable ordinances. 6 ~ /~r3t:J '"" -"""\ """" . 4.2.4 When the plans have been checked, the applicant will be notified so that he may pick up the plans and make the necessary corrections. 4.2.5 Three (3) copies of the corrected plans and the check prints will be resubmitted to the Engineering Division of the . Public Works Department for further checking. 4.2.6 If corrected plans are acceptable, they will be approved by the Planning and Public Works Departments. 4.3 Inspection. All open space districts which require the installa- tion of planting and irrigation must be inspected and certified in writing by a registered Landscape Architect that the project is complete . according to the approved plans. Certification must be received by the City of Chula Vista prior to the inspection and approval by the City Landscape Architect or designated representative. 5. LANDSCAPING WITHIN THE PUBLIC RIGHT OF WAY OR A TREE EASEMENT 5.1 Upon approval by the Department of Public Works, shrubs or plants attaining more than two feet in height upon maturity may be planted in the public rights of way, provided that they are not planted within 30 feet of any intersection of the public right of way. 5.2 Street trees are designated and/or approved by the Department of Public Works. Any inquiries concerning street trees should be directed to the Department of Public Works. 5.3 An encroachment permit is required for any irrigation system within the right of way. 5.4 Tree sizes and species must be approved and in accordance with the City requirements. (See Chapter 12.32 of the Chula Vista Municipal Code. ) _~ /;;.~J/ ./ ~,r, t / 1" . 5.5 All trees shall be a minimum of 15 feet from any fire hydrant, light standard or utility pole. 5.6 Plants and other landscape features which may pose an unusual health or safety problem are not acceptable. 5.7 A landscape plan will be required for any landscape improvement beyond street tree planting and lawns with gradients of five (5%) . per cent or less. 6. PARKING AREAS 6.1 Any parking lot for 5 or more vehicles shall require a landscape strip (10 feet minimum) between the parking area and the public right of way. This strip shall effectively screen the parking lot from the public right of way to a minimum height of 3-1/2 feet. Any approved combina- tion of planting, mounds, walls and/or decorative features, which are visually compatible with community aesthetic values, may be utilized. 6.2 A 6 foot wide side yard landscape strip shall be required in commercial and industrial lots where they abut a residential or insti- tutional zone or land use where a zoning wall is not required. A 5 foot minimum decorative masonry wall or chainlink fence or approved equal type fencing with vines in combination with tree planters may be considered in lieu of a planting strip. 6.3 A minimum of 10 per cent of the interior of any parking area shall be devoted to landscaping. The 6 foot landscaped strip and the 10 foot landscaped strip mentioned above will not be included in the 10 per cent figure. Pleasing decorative paving of brick, stone or tile will be considered in lieu of a plant ground cover although one tree in a minimum sixteen square foot cutout for every 100 square feet of decorative paving will be required. _~ /~--3.2- - """\ ~ "'"'" . 6.4 Planters, walls and fences in the parking areas shall have a protective 6 inch curb to protect against damage to plants and irriga- tion heads. (See Detail Ill.) 6.5 Protective concrete curbs or standard concrete wheel stops are required where walls and fences abut driveways and parking stalls. 6.6 Planting areas which abut vehicle stalls will have a minimum paved strip 18" wide to provide for access to and from parked vehicles. 6.7 Parking lots will require a landscape submittal, including planting and irrigation plans. 7. POLE SIGN PLANTERS Planting areas will be required at the base of all freestanding pole . signs. Planter sizes will be according to the following dimensions: Sign Height in Feet Planting Area in Square Feet Minimum Width" in Feet 1.10 10-20 20-35 20 40 100 3 5 9 "Inside dimension. Minimum cover of soil over footings should be 18" in order to provide adequate room for small shrubs and ground cover root growth. 8. EROSION CONTROL SLOPE PLANTING All slopes which are created by grading or otherwise denuded of vegeta- tion during construction shall be planted with one of the two planting types defined in Section 2.2. In addition, slopes over 6 feet in . vertical height shall be enhanced with one (minimum) l-gallon container size tree or shrub per 100 square feet or 4 liners per 100 square feet. These plants should be placed to create a pleasing aesthetic arrange- ment. -~ Jf,-}} """'\ 9. MAl NTENANCE 9.1 All landscaping required in connection with the construction of multiple family, commercial, industrial, Planned Unit Development, and unclassified uses shall be maintained by the owner. A copy of a valid landscape maintenance contract or an affidavit of the person responsible shall be filed with the Planning Department. Contract copies shall be refiled upon renewal. Affidavits of the responsible person shall be refiled upon change of responsibility. Overall appearance of the landscape shall be neat, healthy and free of weeds and debris. Individual plants shall show vigorous growth typical of their species. If at any time, in the opinion of the City Landscape Architect, the maintenance level drops below the level described above, he will notify the owner in writing. The owner shall have sixty (60) days beyond notice to correct the condition or the City shall clean and maintain the devel- opment and bill the owner(s} for such services. 9.2 All new construction under Section 1.2 above shall conform to ~ the requirements of Section 9.1 above and, in addition, shall be subject to a one year landscape installation guarantee (by owner as to material and workmanship). The installation shall conform to the City approved landscape plan. All planting and irrigation equipment shall be guaranteed by owner for one full year after the installation is accepted by the City Landscape Architect. The rate of growth and establishment of all planting will be monitored by the City Landscape Architect. If plants do not grow in a manner typical of their species under the site conditions, he may require remedial measures such as additional planting or replanting, weeding, additional fertilizer or other adjustments. The City Landscape Architect has the option to ~ /?-ytj 1 ...... . extend the one year period in order to achieve normal plant growth and establishment. (See Section 13 for bonding requirements.) 10. DECORATIVE LIGHTING If decorative lighting is used it must be installed to the manufacturer specifications and all applicable ~odes and the layout must appear as part of the landscape ~lans for approval by the City Landscape Architect. Conventional security and functional lighting is not considered decora- tive for the purposes of this manual. 11. SPECIAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS . These standards supplement the specific standards above and do not replace them (see also PUD Policy, para. 6). 11.1 Level areas (5% grade or less--see PUD Policy) shall be predominantly covered with a ground cover such as grass, to promote recreational use. . 11.2 A minimum of two trees per dwelling are required exclusive of street trees and slope trees. These trees may be installed anywhere as required to effect a good design. 11.3 At least 15 per cent of the trees shall have a minimum caliper of 3" if standards, and 2" if 1I1J1tiple trunks, unless otherwise approved by the City Landscape Architect. 11.4 At least 25 per cent of the trees shall be a minill1Jm of 1-112" caliper if standards and 1" if 1I1J1tiple trunks. 11.5 The balance (60 per cent maximum) shall be 5 gallon size unless otherwise approved by the City Landscape Architect. 11.6 Additional trees shall be required in open space areas; they shall be a minimum of 5 gallon unless otherwise approved by the City Land~cape -~ /t-J'~ "-, 'l Architect. A variety of trees shall be utilized to effect interest: columnar, wide and medium spreading, etc. Additional 5 gallon shrubs ~ and trees shall be used throughout the project in adequate number to accept open areas, buildings and screen parking areas. 11.7 Additional specimen materials shall be utilized near the entrance to the project and along dedicated streets. Street trees shall be a minimum of 15 gallon container si~e and shall be a minimum of 6 feet tall with a 1-1/2" caliper when planted, and double staked. 11.8 A preliminary landscape plan is required at the time of filing the tentative subdivision map and a final landscape plan is required at the time of submitting a grading plan. 12. SPECIAL STANDARDS FOR MULTI-FAMILY DEVELOPMENTS The required planting for usable open space as defined by the Chula Vista Zoning Ordinance shall consist of turf grass or an equal ground- cover which can be used for recreation or leisure use. For required dimensions and maximum slope allowed, please refer to the City Zoning Ordinance. , 13. BONDING Bonds in the amount of 100% of the estimated cost of planting, irriga- tion and maintenance are required with the submittal of grading plans for a grading permit and/or prior to the recording of any final subdi- vision map. Prior to submitting an estimate, it is recommended that the Planning Department be contacted. 14. STANDARD SPECIFICATIONS 14.1 Weed Abatement. The method of weed abatement shall be specified in the landscape plans and subject to the approval of the City Land- , scape Architect. -?~/tr5? 12 ~ v . . 14.2 Plant Material. All plant material specified shall be according to American Standard for Nursery Stock as adopted by the American Association of Nurserymen. 14.3 Plant Pits. (See table on Standard Drawing Sheet 1.) Larger plant materials shall have a pit size that will clear the original root ball by a minimum of 12" on all sides and \he bottom. All backfill shall be a minimum of one third organic soil amendment and thoroughly mixed with native soil. 14.4 Staking. See Standard Drawing Sheet 1. 14.5 Ground Covers. All species planted from unrooted cuttings shall be planted on maximum 9" triangular spacing. Rooted ground covers shall be planted on a maximum of 12" triangular spacing. Carpobrotus edulis may . not be used without the approval of the City Landscape Architect. 14.6 Hydroseeding. The specification of the hydroseed mix is the respon- sibility of the applicant or his landscape architect. Required informa- tion is: e ,. Seed species by botanical name. 2. Application rate in pounds/acre of each species. 3. Purity and germination percentage if available. 4. fertilizer type and application rate per acre. (Soil analysis may be required.) 5. Soil stabilizing chemical, if used, by brand name and applica- tion rate per acre. 6. fiber mulch material by brand name and application rate per acre. 14.7 Soil Preparation. All fill slopes, 3:1 or steeper, shall have a minimum of one cubic yard per 1000 square feet of organic soil amendment incorporated into the top 3" and compacted prior to planting or seeding. All other planting areas shall require either new friable top soil, an -~ /~~37 , .~ organic soil amendment, or a graded sand amendment. The specified insta11a- ~ tion method shall be subject to approval by the City Landscape Architect. 14.8 Fertilizers. All planted areas shall be fertilized with a complete commercial fertilizer (nitrogen, phosphate, potassium). It must also con- tain iron or a separate application of iron must be made. Slow release fertilizers shall be applied during plant installation and at the end of the one year guarantee period. In addition, individual plants shall be fertilized with the same type of fertilizer or a 21 gram balanced tablet at the following rates: 1 gallon 1 tab 5 gallon 2 tabs 15 gallon 4 tabs All other types shall be applied at least 3 times at no greater intervals than 3 months. The fertilizer application rate is subject to the approval ~ of the City Landscape Architect. 15. IRRIGATION 15.1 Material Standards. 15.1.1 Pipes. Acceptable pipes include the following: (a) Polyvinyl Chloride Pipe: (1) Type of material: PVC type I and/or type II, manufactured in accordance with commercial standards, CS-256 or CS-207. (2) Identification: All pipe and fittings have markings which indicate the manufacturer's name, production control number, class or schedule number, type and grade of material, pipe size. ."", 14~ /~ -J8 . . (b) Galvanized Iron Pipe: Type of material: Hot dipped galvanized steel conforming to the specifications of A.S.T.H. Designation A-l20, Standard Weight (Schedule 40). (c) Asbestos Cement Pipe: (4" minimum size) (1) Type of material: Pipe shall conform to requirements of the latest revision of A.W.W.A. Standard Specification C-400 as to material, workmanship, strength, methods of sampling, markings, inspections and test. (2) Unless otherwise specified, all pipe shall be Class 150. (3) Cast iron fittings for asbestos cement pipe shall conform to the requirements for A.W.W.A. Standard Specifications for Short Body, Class 250. All cast iron fittings and valves shall be cement lines and seal coated. (4) Identification: All pipe and fittings shall have markings which indicate the pipe size and class and/or working pressure. Cd) Aluminum Pipe: Type of material: Pipe shall be of a commercially manufactured type with steel couplings, valves and fittings. (e) Copper Pipe: Type of material: Pipe shall be a minimum Type "L". . -7/(,-7Y 15 I) / (f) Pipe Schedule: Permanent Systems Above Ground Underground "'"' Pressure Pipe Copper-Type "l" PVC-Class 315 PVC-Sched. 40 Copper-Type "l" Asbestos-Class 150 Fitti ngs Copper-Type "l" PVC-Sched. 40 Copper-Type "l" Cast iron-short body Class 250 latera 1 Pi pe Ga1v.-Sched. 40 PVC-C1ass 315 Copper-Type "l" PVC-Class 200 PVC-Sched. 40 Copper- Type "l" Asbestos-Class 150 Ga1v. Sched. 40 Fittings Galv.-Sched. 40 PVC-Sched. 40 Copper-Type "l" Copper- Type "l" Cast iron-short body Class 240 Ga1v. Sched. 40 "'""\ . Temporary Systems Above Ground Underground Pressure Pipe Ga1v.-Sched. 40 Same as permanent systems Copper-Type "l" plus Ga1v. Sched. 40 PVC-C1ass 315 PVC-C1 ass 200 Alum.-C1ass 150 Fitti ngs Same as permanent Same as permanent systems systems plus PVC-Sched. 40 A1um.-C1ass 150 lateral Pipe Same as permanent Same as permanent systems systems plus PVC-Class 315 PVC-Class 200 Fittings Same as permanent Same IS permanent systems systems plus PVC-Sched. 40 """ ~ /(P-'10 16 . . . . 15.1.2 Sprinkler Heads. Sprinkler heads shall be a commercially manufactured type acceptable to the City Landscape Architect. Plastic heads are not acceptable, except for temporary systems or upon approval by the City Landscape Architect. 15.1.3 Automatic Control Valves (Electric & Hydraulic). All auto- matic control valves (electric) shall be globe or angle pattern, elec- trically controlled, hydraulically operated, normally closed type. Valves shall automatically close in event of electrical power failure. All contrql wire shall be of the Underwriter's Laboratory type UF (underground feeder), single conductor, solid copper, plastic insulated, 600 volt rated for direct burial application. All automatic control valves (hydraulic) shall be normally closed type. Control tubing shall be of a commercially manufactured type acceptable to the City Landscape Architect. Electrically controlled irrigation systems shall comply with the requirements of the 1971 National Electrical Code, Article 725. 15.2 Irrigation Design Criteria. The following criteria are to be com- plied with in the design of slope irrigation systems: 15.2.1 Precipitation Rate. Application of water for sprinkler heads shall be from 1/8 inch (0.125") per hour to 1/4 inch (0.250") per hour unless otherwise approved by the City Landscape Architect. Calculation of precipitation rate: Precipitation Rate (Inches/Hour) .. 96.3 x S.PJ!. S xL 96.3 - constant G.P.H. .. Gallons per minute for sprinkler head selected. S _ Spacing between sprinkler heads (feet) L _ Spacing between rows (feet) It--t{! -~~ / , >, '}.! 15.2.2 Velocity of Flow. The system shall be designed to operate at a water velocity not to exceed five (5) feet per second. '""'" Velocity c G.P.M. 2.45 x Oia 2 G.P.M. c Gallons per minute flow through pipe 2.45 = constant Oia 2 = Inside diameter (inches) of pipe squared. 15.2.3 Spacing Requirements.' Maximum spacing requirement for sprinkler heads are the following: (a) Rotary, impact and rotary stream spray type: 50% of sprinkler head coverage diameter. (b) Stream spray type: 50% of sprinkler head coverage diameter. (c) Shrub or lawn spray type: 60% of sprinkler head coverage diameter. (d) Use pop-up heads along all walks and passage ways. 15.2.4 Backflow Protection. Backflow protection must be provided for all irrigation systems. Approved backflow devices and their ~ installation requirements are as follows: (a) Atmospheric Vacuum Breaker. Installed a minimum of six inches (6") above the surrounding ground and above all of the heads so at no time will the vacuum breaker be subjected to back pressure or drainage. No valve of any type may be installed on the discharge side of the vacuum breaker, nor shall it be used under continuous pressure. Atmospheric vacuum breakers may be an integral part of the irrigation control valve. (b) Pressure Vacuum Breakers. Installed a minimum of twelve inches (12") above the surrounding ground and above a majority of heads so at no time will the vacuum breaker be subjected to '""'" back pressure or drainage. Irrigation control valves may be installed downstream from the vacuum breaker. ~ /?~~ 18 . (c) Reduced Pressure Backflow Protection. Insta11ed at a location where the relief valve is ~ subject to flooding. .It may be installed under continuous pressure service and may be subjected to back pressure. Locate out of lawn areas. 15.2.5 Line Drainage Erosion Control. Line drainage erosion control shall be indicated on the plan or in the specifications .. wherever applicable. Acceptable methods of erosion control are the following: (a) Anti-drain valves - installed under heads or in line as necessary. . (b) Double layered jute matting or an acceptable substitute. (c) Redwood board downdrain (1" x 4"). (d) Lined ditch downdrain (2" concrete or air blow mortar). 15.2.6 Miscellaneous Design Criteria. (a) Gate valves are to be used as emergency shut-off valves and ~ as manual control valves for sprinkler systems. (b) Sprinkler circuits shall run parallel or as close to parallel to the contour lines as is practical. (c) Sprinkler heads within a circuit shall have a uniform precipitation rate. To achieve this, the following are recOl1lllended: (1) Sprinkler head types (i.e., impact, stream spray and shrub spray) should not be mixed within a circuit. (2) Independent circuits should be used when watering from the top of slope downhill and the toe of slope uphill on slope 6 feet and greater in height. (3) operating pressure differential on anyone circuit should not exceed the limits of the sprinkler head used. _~ /~-7'~ , . J (d) Every lot shall have an independent irrigation system unless otherwise specified by the City Landscape Architect. (e) Watering across property lines shall not be allowed unless permission has been granted by the City Landscape Architect. """" (f) Swing joints shall be installed on lines at all abrupt changes of grade. (g) Pressure regulators, pressure relief valves, thrust blocks and other irrigation appurtenances shall be required at the discretion of the City Landscape Architect. 15.3 Installation Procedures. 15.3.1 Pipe Installation. The following are minimum criteria to be complied with for pipe installation. (a) Trench Width and Depth Schedule: PCV and COPPER PIPE GALV. IRON PIPE A.C.P. '"'" (Pressure) Trench Depth 18"* 24" 18" 24" (Non-Pressure) Trench Depth 12" 18" 6" 24" on slopes Width Dia. + 4" Dia. + 12" Dia. + 4" Dia. + 12" *May be shallower if supplemental protection is provided. (b) Staking and Risers. (1) All pipe .used above ground shall be staked every fifteen feet, or less, with stakes made from metallic or nondegradable materials. Minimum length of stake: Thirty inches (30") on fill slopes, 24" on cut slopes. (2) All fasteners shall be "Punch-Lac," Plumber I s tape, worm screw type, galvanized wire Or equivalent. """" 20~ /b~l/!f . 15.3.2 Flushing and Testing. After all new irrigation piping and risers are in place and connected and prior to the installation of irrigation heads and/or quick coupling valves, the systems shall be flushed and made ready for testing. To insure proper functioning of the system, all pressure irrigation piping shall be hydrostatically tested. 15.3.3 Installation of Direct Burial Control Wires. All direct burial control wire shall be installed in a trench and to the side or below any pipes in the same trench. Minimum trench depth when installed without pipes is 18" unless supplemental protection is provided. (Section 339-3C NEC) Whenever direct burial control wires are to be installed under . new or existing improvements such as curbs, sidewalks, and/or pave- ments, they shall be installed in a polyvinyl chloride conduit of the size noted on the plans, which shall extend one foot beyond each side of the improvement. The letter "E" shall be stamped or chis1ed on the improvement directly above the conduit. All wire splicing shall take place in the valve boxes and/or pull boxes. All splices shall be made with a mechanical connector encased in a self-curing epoxy resin or equal, which provides a permanent watertight connection. 15.3.4 Installation of Control Tubing. All control tubing shall be installed in a trench to the side or below any pipes in the same trench. Minimum trench depth when installed without pipes is 12". . - ~ /,A(~ .1 ' ;' r (,.., 21 GLOSSARY ATMOSPHERIC VACUUM BREAKER (A.V.B.) - A device that prevents the reverse flow of water. The device is normally downstream of the control valve and above the highest head of the circuit served. CIRCUIT _ Commonly used to describe all of the heads controlled by a common control valve. CONTROLLER - Most common term used to describe an automatic device which signals remote control valves to open or close. Controllers are sometimes called "clocks." CONTROL VALVE - Commonly used to describe the valve that operates a single cjrcuit of sprinkler heads. HYDROSEEDING _ Commonly used to describe the method of applying seeds, mulch, fertilizer and soil stabilizers to slopes or to other areas which have no natural plant cover. IRRIGATION LINES - Most commonly used to describe any pipes used exclusively for sprinkler systems as opposed to other domestic uses. Sometimes refers to only those lines downstream of the control valve in a sprinkler system. LANDSCAPE ARCHITECT _ One who arranges land and objects upon it for human use and enjoyment and is licensed by the State to practice landscape architecture. Specific services are consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and responsible supervision during construction. LANDSCAPE CONTRACTOR - Licensed (C27) by the State to install plants, irriga- tion equipment and other landscape features as specified by the owner or a State licensed landscape architect. Landscape contractors are not licensed by the State to prepare landscape plans for sale. LATERAL LINE - Most common term for irrigation lines downstream of the control valve. Sometimes called "irrigation lines." ~ Jj,-~ '" '" """" ~ MA~UAL CONTROL VALVE (M.C.V.) - Term used to describe the control valve but defines operation by hand. NURSERYMAN _ Refers to both the producer and the seller of plants or seeds usually for ornamental purposes. Nurserymen are not licensed by the State to prepare landscape plans for sale. PRESSURE LINE _ Most common term for lines upstream of the control valve. Sometimes called "supply lines." PRESSURE VACUUM BREAKER (P.V.B.) - A device that prevents the reverse flow of water. The device is located on the pressure side of the control valve(s). Unless otherwise specified by the manufacturer, this device is located above the highest head of the circuit served. REMOTE CONTROL VALVE (R.C.V.) - Term used to describe the control valve but ~ defines automatic operation by connection either hydraulically or electrically to a controller or clock. SUPPLY LINES _ A common term for any line that is constantly under pressure whether carrying or just holding water. . ~~ 16...11-1 I .-1 , ft~ STANDARD DRAWINGS ,......, Sheet 1 Street Tree Planting and Staking lb Tree Planting and Staking 2 Shrub Planting 2a Shrub Planting in hardpan conditions 3 Typical Overall Sprinkler Installation 4 Typical A.V.B., R.C.V., & Gate Valve Installation 5 Typical A.V.B. & P.V.B. Manifold Installation 6 Typical Pressure Backflow Preventer Assembly 7 Pressure Relief Valve Installation 8 Typical Impact Head 8a Typical Impact Head Assembly using flex-risers ....... , 9 Typical Nozzle Line Installation 10 Typical Pop-up Lawn Head and Pop-up Lawn Head with Swing Joint Assembly lOA Typical Pop-up (Rotor or Impact) Lawn Head Swing Joint Assembly using flex-riser~ 11 Planter Concrete Curb ,......, -Y 16-yg 24 . . . Introduction ~m:~~:;:::m::::mK$. . lw.~. ,m By Resolution No. . the Chula Vista City Council approved this updated and expanded Landscape Manual and repealed its predecessor. The City Ordinances that implements this manual are located within Titles 17 and 19 of the Chula Vista Municipal Code. This revised manual addresses issues specific to site development, landscaping and irrigation, both for private development and for public projects. The design and implementation of a project's landscape should address all functional and aesthetic sit~ specific design issues, in addition to integrating the project into the immediate surroundings and adjacent properties. The Manual also specifies materials that will assist the City and its residents in achieving long range durability and cost effectiveness. Because of the semi-arid climate that Chula Vista is located in, and the increasing demand for limited imported water resources that serve Southern California, the principles of drought tolerant, or xeriscape landscaping, are emphasized. The ability to conserve water while establishing and maintaining landscape installations is a primary concern for the future of the landscape industry and the region in general. This effort is not only desirable, it is a legal requirement of the State of California, as set forth in Government Code Section 65590 et. seq. (AB325 1990), and the State Department of Water Resources Water Efficient Landscape Ordinance. With these concepts in mind, this landscape manual outlines the process, requirements, and support information necessary for the review and approval of a project being processed through the City of Chula Vista. The manual is comprised of three main components. Part One - General City Requirements, addresses the overall requirements and processes for a project. Part Two - Private, addresses items specific to private projects such as residential subdivisions and commercial centers. Part Three - Public which is divided into six (6) section, addresses the requirements and criteria of public projects including parks, open space and streetscapes (whether a City Public Works project or a private "turnkey" project). These Public Projects are further implemented by Standard Project specifications available from the Parks and Recreation Department. The policies and requirements described in this manual are minimum standards. Projects must meet or exceed these standards. If any specific questions regarding a project require clarification, please contact either the Planning Department for private development projects, or the Parks and Recreation Department for public projects. Planning Department (619) 691-5101 Parks and Recreation Department (619) 691-5071 -~ )t,-J(i j" Part One General City Requirements ?J:-:mm~:::ti.::::;:';~:$J::m::~:.w;:;::~::m::~:::::~::n::.;1::t.J::;:.::::~;:1.;.~:x.~:::::::::::~:;;H~m::=:;;;m:$:.~4B:~~~ >>':'l.~:. ::':r"~W;;::":::::WA::m:'~ '!Wf.::~~mf.t~:&t.:::m::i:3>~:: 1. APPLICABILITY. All building permit applications for industrial, commercial, civic, or multi-family residential buildings or structures; residential developments with common areas; development ofparklands, recreation facilities, maintenance districts, street medians; and all discretionary permit applications for the aforementioned types of land uses regulated in any manner by the provisions of Titles 17 and 19 of the Municipal Code shall be subject to review and approval in accordance with the provisions of this City Landscape Manual. Interior remodels or minor modifications to building exteriors constituting a valuation of less than $20,000 are not subject to the provisions of this Manual. 2. PLAN REVIEW AND APPROVAL PROCESS. 2.1 Applicants for the following types of projects shall submit and obtain approval of Landscape Plans prior to the issuance of the applicable permit or other discretionary approval. a. b. c. d. e. f. Multiple family (CYMC 19.14.485) Commercial (CYMC 19.14.485) Industrial (CYMC 19.14.485) Planned Unit Developments (CYMC 19.14.485) Unclassified uses (CYMC 19.14.485) Remodels with a valuation of $20,000 or more for the above uses (CYMC 19.14.485) Projects requiring Precise Plans (CYMC 19.14.485) Parking lots with five or more stalls (CYMC 19.14.485) Graded slopes (CYMC 19.14.485) Parks and open space (CYMC 17.10) Model home complexes for single family and/or multi-family projects shall submit a landscape plan for at least one model home. Construction of single family homes or duplexes on individual lots are not normally required to submit a landscape plan. In addition, developers of single family residential projects with 5 or more units shall provide written information on designing, installing, and maintaining water efficient landscapes, to all new homeowners. At least one model home shall post a sign directing the attention of prospective purchasers to drought-tolerant features within the landscape design. g. h. i. j. k. 2.2 Plan Review Process: The procedure for processing all Landscape Plans shall be as follows: """ ~ 2.2.1 Submittal/Application: Submit four (4) copies of the Landscape Plans, to the Zoning Administrator (herein referred to as the ZAlDirector) (Private Projects) or Parks & Recreation Department Landscape Architect (Public Projects), as the """ case may be, and simultaneously submit three sets of plans to affected local utility , companies for review. ~: ~: . ;~m:.w~,:;w~e...~~s;w;:mm;;;:;%~<< Me M:\bome'f'lalUliDs\lndscap\dfah3 . *::r,>>."t~ Page 2 l ~J?-30 . . . J!II\ Jm):''''.t*:::::-...~' u ~m.~ '~L t~~ 2.2.2 Distribution/Review/Comment. The ZNDirector shall distribute the Landscape Plan for review by the Public Works Department and City Landscape Architect, and Parks and Recreation Landscape Architect for compliance with applicable ordinances, this Landscape Manual, and any other applicable manuals, procedures or policies. Which department the plans are distributed to will depend on the project type. 2.2.3 Consideration of Comments. The ZNDirector shall conduct an appropriate proceeding pursuant to CVMC fi 19.14.030, taking into consideration advice and comments received from other departments, affected utilities, and the City Landscape Architect. The.Landscape Plan may be approved or conditionally approved if in compliance with all applicable requirements including this Manual. The Landscape Plan shall be denied approval if not in compliance. 2.2.4 Notice of Decision: The ZNDirector shall notify Applicant in writing of the decision to approve, conditionally approve, or deny approval. The applicant may appeal denial or conditions imposed upon approval, per Section 19.14.486 of the Chula Vista Municipal Code. 2.2.5 Submittal Following Final Approval: Following approval, the Applicant shall furnish the Engineering Division of the Public Works Department with four (4) blueline or blackline copies of the Landscape Plans as finally approved. Applicant will also furnish one complete set of 3 mil. photo black line mylars for City records. In the case of an application for a building permit, and where landscape plans are required per City code, the applicant shall furnish three (3) blueline sets of landscape plans to the Building and Housing Department. 2.2.6 Following landscape plan final approval, the Applicant shall implement the Landscape Plan only in accordance with the approved plan. 3. GRAPHICS. 3.1 General: To insure consistency and clarity, the following graphic standards apply to all Landscape Plans submitted for processing, and are to be adhered to in the preparation of those plans. These apply to all new development projects, renovation projects, plan revisions, and "as-built" drawings. 3.1.1 Conceptual Landscape Plan and Master Landscape Plans are to be on sheet size no larger than 32" x 40", unless approved by Staff prior to preparation. 3.1.2 If a project requires more than one sheet, a key map is to be included on all sheets. 3.1.3 All Landscape Plan(s) are to be done on City mylar "D" sheets with the appropriate title block modifications with the exception of building permit processing. which also can be prepared on a different title block, however the mylar size shall be no smaller than 24" x 36". 3.1.4 All plans are to be done at a scale no smaller than 1" - 20'. WPC w,1I->....Wq\IoJllIMap_f13 '~ /t~>l iJ Page 3 ~. y~)" 1)"-' ct ~:m:;;:;;::;;.::::::';:::::*::::;:;;tm;::;;::;;:;W:::.'W:::::::.:.%m:@Wk,;:m;::?.:W'..m@~:m:;:;:s.:~*::;:::m:m~l.::'~:::;:;:;*:;;;:mmmm::s.~~*"'-:::::::::'6"~o/~~U:.: ~~~~::;:;:~a~ 3.1.5 Graphic symbols are to be easily discernable; clarity is imperative. """ 3.1.6 All Landscape Plan(s) sheets are to be issued City sheet numbers, in addition to providing the following for each sheet type in a separate number block: C - Civil Engineer Sheets HC - Horizontal Control Sheets LC - Landscape Construction LI - Landscape Irrigation LP - Landscape Planting 3.2 Final Workine: Drawine: Preoaration: Note: Some or all of the following items are to be included for each pl~n or sheet, contingent on the specific project and the existing or proposed conditions at the project site. 3.2.1 Title Sheet: This sheet shall always be numbered "T-1" and is to include the following: 3.2.1.1 Vicinity map showing nearest arterial intersection, street names, north arrow, and project location. 3.2.1.2 Index of Sheets -., 3.2.1.3 Title Block: a. Project Title b. Developer's name, complete address and phone number (if applicable) c. Date plans prepared d. Seal of Registered Landscape Architect, signed and dated, including expiration date of license e. Tract/parcel map number, tentative tract number or project address f. Revision block g. Sheet number of of h. Permit number i. Signature block for approvals by the following individuals and/or agencies: . Director of Parks & Recreation . City Landscape Architect · Local water purveyor and County Health Department if reclaimed water is being used. 3.2.2 Grading Plan: Shall include (but not be limited to): ""'" . ;~.tZ:LL. U wpe W,Ibolo.\pIa__pldnof13 y /~-~.) j.m:,:,: Page 4 . . . jj lV~: . ~~E~::ta;:~~m~$.i;:::: ~-m.u Ul 3.2.2.1 Grading Plans for projects that require grading shall conformto the Grading Ordinance Chapter 15.04 of the Municipal Code, and the Street Design Standards (current edition). 3.2.3 Layout and Construction Plan: Shall include (but not be limited to): 3.2.3.1 Graphically indicate and identify: a. Walls b. Fences c. Walkways d. Pathways e. Signs f. Si te furnishings g. Structures h. Recreational facilities i. Parking lots j. Site or landscape lighting 3.2.3.2 Construction details. 3.2.3.3 General construction notes. 3.2.3.4 Specifications. 3.2.3.5 Any aspect of the landscape construction (including but not limited to those items above) shown on either any architect's or engineer's plans, shall have information regarding those items indicated on the Landscape Plans and referenced as to plans and sheet numbers. 3.2.3.6 Plans that include construction items requiring building permits per the current Uniform Building Code shall be noted to require said permit and shall state the party responsible for obtaining the permit. If the permit number is known, it shall be referenced on the plan. 3.2.3.7 Reference City plan numbers for all existing and proposed improvements. Show and note depth of any utility line that may interfere with the proposed construction. References shall include the type of improvement and responsible party for the improvement. 3.2.4 Irrigation Plan: Shall include (but not be limited to): 3.2.4.1 Graphic presentation of all components of the system. /)5 wpe M,\Ilam.IpIa...mtJa......pldnf13 -~ /~~".?J PageS m%~$:~~;~~::~&.,.:::::::mM:N:$.::;<<,:i;:$."~:{;%';:.<?:;;::.:;:;:;:;:$.~~;~%::t==;{;;~$::::::$.:;:::;:;*;::~:~~~~~~::a..w ~:~{;~~: 3.2.4.2 A legend showing all symbols stating the manufacturer, precipitation ""'\ rate, gpm's, radii of each head type and detail reference call out as well as all pertinent data for materials used in the system. 3.2.4.3 Irrigation details. 3.2.4.4 Description and location of the water service/meter( s) including: a. Domestic vs. reclaimed service b. Installation requirements and responsibilities of the water purveyor and the Contractor c. Available static-water pressure at P.O.C. d. Design pressure e. Peak flow through water meter (GPM) f. Total area served through the water meter in acres or square feet g. Yearly demand in acre/ft. 3.2.4.6 General irrigation notes. 3.2.4.7 Specifications. 3.2.5 Planting Plan: Shall include (but not be limited to): ........, 3.2.5.1 Location and spacing of all plants. 3.2.5.2 Plant material species, container size, quantity, minimum ground and aerial setbacks, and spacing requirements. 3.2.5.3 Standards for tree caliper, height and spread shall be specified. 3.2.5.4 Location of all existing and proposed surface structures. 3.2.5.5 AIl existing easements shall be indicated and labeled. 3.2.5.6 Seed mix information (including but not limited to): a. rate b. mix c. mulch d. binder e. fertilization f. inoculation 3.2.5.7 Planting details. 3.2.5.8 General planting notes. ~ 3.2.5.9 Specifications. l~ wpe M:\bomc\plliuiDJ\laadlClp\dnft3 ~~n ~/&--Pj/ :::<<- Page 6 . . . ~*~,*::m.~W&:f:'~:::-t'Z:':;:::;:;~i%:..';*.i:,~w:::*%fu.~m~~;:;.~~:mm.i,:;:tm 3.2.6 Public: See pages 37-44 for additional information. Jt >>- 'm~M.~: WPCM'-."'Ia"'""""_p.....l13 -~ Page? ,,1 )d' t" ~~~~E~~:::?:B";:;:m-:i:;:.B;:z%:r':;~1:.-:::.@;:m%:::~:r.:;:wm~::::;;.%?:;;:;:&:*:fWm.&Wim-~%:Z~;:;:;'~~~~;:"W~~3:~.:IDS:.m::$'z..@.:::;&.-.:::;;;:,*W.;:,.':;::;;r.,*; 4. LANDSCAPE PLANS CONTENTS. (PRIVATE) 4.1 General: "'" Planting, irrigation, and water management plans are elements that are mandatory for all required landscape plans. Other elements are required, as applicable. 4.2 Preoarer Oualifications: Landscape Plans shall be prepared by a registered landscape architect or by a person who demonstrates to the satisfaction of the City by the completeness and content of the plan that the pre parer has sufficient knqwledge of irrigation systems, characteristics of plant materials, design principles, planting techniques, soil characteristics and grading principles, to cause the landscape plan to achieve its objectives (such as erosion control, screening of a storage area, beautification of the development, etc.) without causing such problems as uprooting of sidewalks, loss of sight distance, or death or deterioration of the plant materials. In general, a high degree of professionalism shall be required of all projects. 4.3 Certification of Installation Prior to Occuoancv: Prior to the issuance of a certificate of occupancy for all private projects which require the installation of planting and irrigation, the project Landscape Architect must certify, in writing, that the project is completed in accordance with the approved set of plans. The "'" certifier shall provide evidence of a laboratory soils analysis and that the recommendations were taken into consideration in the amendment, fertilization and drainage specifications. Any changes that occur in the field due to site conditions or plant material availability must be submitted to and receive approval of the City Landscape Architect. 4.4 Elements 4.4.1 Plantinl! Element: 4.4.1.1 Graphic representation of mature size of proposed plants. 4.4.1.2 Botanical and common names of all plants including seeds or stolons to be planted. 4.4.1.3 Specification of size, quantity, quality, and installation of plants, seeds, soil amendments, herbicides, insecticides, and fertilizers. 4.4.1.4 Details of various landscape features as required to clearly define the intended finished installation. 4.4.2 Irril!ation Element: 4.4.2.1 Static water pressure available at the meter. ""'" ~. IJj.!m.l ~W"*:,::.. UUJl WPC M:\bome\pirlDDiq\laDdsc:lp\draft3 lU ::=.:m.UXs Page 8 ~/b~ . . . X' Je:;.' 4.4.3 '::=.::U:1 II .::::J;ll!af~.t:%.: .:.:lUlJlm:r~ 4.4.2.2 Meter size and location. 4.4.2.3 Point of connection to water source. 4.4.2.4 Type, size, and location ofbackflow device(s) proposed. 4.4.2.5 Type, size, and location of control valves. 4.4.2.6 Type, size and location of automatic controller, if applicable. 4.4.2.7 Type, size, class anp location of all pipes. 4.4.2.8 Type and size of all conduits, sleeves, or chase pipes. 4.4.2.9 Type, size and location of all irrigation heads. 4.4.2.10 Elevations sufficient to calculate energy gradient gain or loss in any given . circuit and to determine the need for pressure reduction, pressure relief or air release devices when elevation variations create a head (psi) gain or loss of ten (10) pounds or more. 4.4.2.11 Provide model( s )/brand( s) of irrigation equipment specified or complete description of equipment as a material and performance specification. 4.4.2.12 Show all existing underground and overhead utility lines. Water Management Element: A water management plan shall be submitted as part of the landscape plan and shall address water management procedures, equipment, and their application to plant materials and seasonal use. The element shall be in substantial compliance with the "Sample Water Management Plan" (Attachment 1) and shall consist of the following elements: Statement of Site Conditions; Water Requirements; Water Delivery System; and Summary of Water Conservation Methods and Water Savings. A sample water management plan is provided within this manual to assist in the preparation of Landscape Water Management Plans. It is intended to be used as a guide for the applicant. It is not intended to be merely copied. The owner shall be responsible for the implementation of the water management plan. 4.4.3.1 Reclaimed Water: When reclaimed water is available within the basin containing the project site or when a reclamation master plan indicating the availability of reclaimed water in the future has been adopted by the water purveyor which governs the territory of the proposed project, the Applicant shall incorporate the use of reclaimed water into the project design except in the vicinity of any location where food is served or consumed. 4.4.3.2 Declared Water Shortage: WPCM:_.'PIa__p......f13 -~ /t-f'? .$:. Page 9 l , i" (~""l ,rC' ~>>~;;::(::2J':W::':;::?:::~,*~~~:;:;:;: *,m~r:1'l "il! In the event of a declared water shortage, mandatory and/or voluntary """" water conservation measure, the project shall comply with all water allocation programs adopted by state and local government authorities. In the event of any conflict between such programs and these regulations, the stricter conditions shall apply. 4.4.4 Other Elements: (if aoolicable) 4.4 4.1 Landscaping within the Public Right-of-Way or Tree Easement For landscaping Within the Public Right of Way, approval by the Department of Public Works is required. See Chapters 12.32 and 18.32 of the Chula Vista Municipal Code for further information. 4.4.4.2 Parkin!!: Areas: . Any parking lot for 5 or more vehicles shall include a landscape strip (10 feet minimum) between the parking area and the public right of way. This strip shall effectively screen the parking lot from the public right of way to a minimum height of 3-1/2 feet. Any approved combination of planting mounds, walls and/or decorative features, which are visually compatible with community aesthetic values, may be utilized. """'" . A 6-foot wide side yard landscape strip shall be installed in commercial and industrial lots where they abut a residential or institutional zone or land use where a zoning wall is not required. A 5 foot minimum decorative masonry wall or chain-link fence or approved equal type fencing with vines in combination with tree planters may be considered in lieu of a planting strip. . A minimum of 10 % of the interior of any parking area shall be devoted to landscaping. The 6 foot landscaped strip and the 10 foot landscaped strip mentioned above will not be included in the 10 % figure. Pleasing decorative paving such as: brick, stone or tile, will be considered in lieu of a plant ground cover although one tree in a minimum sixteen square foot cutout for every 100 square feet of decorative paving will be required. . Planters, walls and fences in the parking areas shall have a protective 6 inch curb to protect against damage to plants and irrigation heads. Planting areas which abut vehicle stalls will have a minimum concrete paved strip 18" wide (including curb) to provide for access to and from parked vehicles. Appropriate paving should be used where pedestrians are likely to cross landscaped areas. · Protective concrete curbs or standard concrete wheel stops are """'" required where walls and fences abut driveways and parking stalls. j . .:.:Hi:i:il wpe M'\IIome'j>..lUUDa\Ia......pldnof13 ~ /t-JY" ji Page 10 . . . .l::m.:tm:~~$Wf.:$.:;:rr.x:.:::~:w.:.t.:.:,11r~i:*.:.:.*~:::m:. .:.:.l ill!~ 4.4.4.3 4.4.4.4 4.4.4.5 .:.:.:~~:::: . Parking lots will require submittal of landscape, planting and irrigation plans. Pole Sign Planters: Planting areas are required at the base of all freestanding pole signs. Planter sizes will be according to the following dimensions: Minimum Width in Sign Height in Planting Area in Feet Feet . Square Feet (inside dimension) 1-10 20 3 10-20 40 S 20-35 100 9 Minimum cover of soil over footings should be IS" in order to provide adequate room for small shrubs and ground cover root growth. Erosion Control Slope Planting: All slopes which are created by grading or otherwise denuded of vegetation during construction shall be planted with one of the two planting types defined in Section 2.2. In addition, slopes over 6 feet in vertical height shall be enhanced with one (minimum) I-gallon container size tree or shrub per 100 square feet or 4 liners per 100 square feet. These plants should be placed to create a pleasing aesthetic arrangement. Decorative Lighting: If decorative lighting is used it must be installed to the manufacturer specifications and all applicable codes, and the layout must appear as part of the landscape plans for approval. Conventional security and functional lighting is not considered decorative for the purposes of this manual. -~ )~-~I .1'" 01 1 ~." d'<'"c WPC w,_.\p.".....JllaDClsaopldnl13 Page 11 ~E,*::;;;m:"?:-::;:::;:~%~.ml~l:-mm;i$;;:.;:::;.:m~:::::'%-mf.,:;~:$Z*:::'%'W~~~:;:;:-:8:'B . llJ:.~@~~"*W':::;.!Jll.:.:..*%'W~ :~ll**: .~:.:. ~ . W%r::::.:::t,;::.:'*~~ 4.4.4.6 Special Standards for Planned Unit Developments: """ These standards supplement the specific standards above and do not replace them. a. A preliminary landscape plan is required at the time of filing the tentative subdivision map and a final landscape planting and irrigation plan is required at the time of submitting an improvement or grading plan (CYMC 19.56.150). Prior to the issuance of any building permits, at least one model home landscape, plan addressing the use of water efficient and drought tolerant landscape practices shall be submftted to and be approved by the City Landscape Architect. b. Level areas (5% grade or less) shall be predominantly covered with a ground cover such as decorative turf, to promote recreational use. . c. A minimum of two trees per dwelling are required exclusive of street trees and slope trees. These trees may be installed anywhere as required to effect a good design. d. At least 15 per cent of the trees shall have a minimum caliper of 3" if standards, and 2" if multiple trunks. e. At least 25 per cent of the trees shall be a minimum of 1-1/2" caliper ~ if standards and 1" if multiple trunks. f. The balance (60 % maximum) shall be 5 gallon size. g. Additional trees shall be required in open space areas; they shall be a minimum size of 5 gallon. A variety of trees shall be utilized to effect interest: columnar, wide and medium spreading, etc. Additional 5 gallon shrubs and trees shall be used throughout the project in adequate number to accept open areas, buildings and screen parking areas. h. Additional specimen materials shall be utilized near the entrance to the project and along dedicated streets. Street trees shall be a minimum of 15 gallon container size and shall be a minimum of 6 feet tall with a 1-1/2" caliper when planted, and double staked. 4.4.4.7 Special Standards for Multi-Family Developments: The required planting for usable (recreational) open space as defined by the Chula Vista Zoning Ordinance shall consist of turf grass or an equal ground cover which can be used for recreation or leisure use. "'" 1 \We M:\boIIIe....lIIliq\IIIacDc:.p\draft3 ~ J~~~C Page 12 . . . m~:;:.wJ:m*..:::::4:;.::*:'.:.:::.:.:mU~m:'4~j.:m.~** ' .~*~ . = JU.:m:: U l ~..iJ~lU"Ul *ljUjJ.U.!M:.m~ 4.5 Maintenance: 4.5.1 Private: All landscaping required in connection with the construction of multiple family, commercial, industrial, Planned Unit Development, and unclassified uses shall be maintained by the owner. A copy of a valid landscape maintenance contract or an affidavit of the person responsible shall be filed with the Planning Depanment. Contract copies shall be refiled upon renewal. Affidavits of the responsible person shall be refiled upon change of responsibility. Overall appearance of the landscape shall be neat, healthy and free of weeds and debris. Individual plants shall show vigorous growth typical of their species. If at any time, in the opinion of the City Landscape Architect, the maintenance level drops below the level described above, the City Landscape Architect will notify the owner in writing. The owner shall have sixty (60) days after notice to correct the condition or the City may initiate litigation procedures, and/or where landscape easements exist.clean and maintain the development and bill the owner(s) for such services. 4.5.2 Public: All new construction shall conform to the requirements of this Manual and, in addition, are subject to at least a one year installation guarantee for both landscape and irrigation. The installation shall conform to the City approved Landscape Plan. All planting and irrigation equipment shall be guaranteed by owner for one full year after written acceptance of the installation by the Parks Landscape Architect. The rate of growth and establishment of all planting will be monitored by the Parks and Recreation Landscape Architect. If plants do not grow in a manner typical of their species under the site conditions, the Parks and Recreation Landscape Architect may be required remedial measures such as additional planting or replanting, weeding, additional fenilizer or other adjustments. The Parks and Recreation Landscape Architect has the option to extend the one year period in order to achieve normal plant growth and establishment. 5. LANDSCAPE PLANS CONTENTS. (PUBLIC) See Pan III .Public Section" of the Landscape Manual for specific information and requirements relative to Public improvements. 6. ATTACHMENTS. 6.1 Sample Water Manal!ement Plan: Introduction: The purpose of this landscape water management plan is to provide the Owner and/or the Irrigation Manager with the means to operate and manage the landscape irrigation system on a continuing basis. This document provides information and instructions necessary to achieve this goal and includes the following: ^vH! WPCM'_"pl,nw..\Ja.....pldrof13 . ~ Page 13 A nl') ;J~r _~ I~---JI ~~t.::~:;;:m:~::::;~.:i:::4:;;:~::::-:-,:~::;:1:>.~M$.:m~.::::t:::r:$~*':::'~:::-$>1':::$w;:;:::;::m:~:mr~~<:;:*.!iM;,:m~*J.:~.t:m '~@:j:~.:; ~lrL~ a. Goal of the water management plan. 1 b. Description of the existing soil and climatic conditions. c. Annual precipitation rates (annual rainfall). d. Anticipated ET (evapotranspiration) - (the measurement in inches of soil moisture consumed by the plant and evaporated from the soil not to exceed 80% of the annual evapotranspiration rate). e. The proposed water source ,and quality. f. The annual anticipated landscape irrigation water requirements and soil percolation rates. g. A description of the water delivery system and the precipitation rates (actual water applied in inches per hour) of each type of sprinkler head nozzle. g. A final soils report, which shows the percentage organic matter within the soil texture. Also, a measurement of pH and total soluble salts. h. Water Delivery Systems i. Water Savings 1 j. Irrigation Schedule Goal: The goal of this water management plan is to conserve water by combining water conserving design practices with guidelines for the landscape irrigation manager. This plan will provide the owner with the necessary information to maintain systems in peak performance, and make decisions on when and how much to irrigate. This landscape water management plan provides information for the irrigation manager to implement the following water conservation concepts: a. Irrigation systems should be maintained to distribute water as uniformlv as DOssible. b. To assure adeauate irril!ation of all areas the system should be operated only long enough to apply water to a sail depth that the plants' roots utilize. Verify with soil probe. c. The irrigation system is designed for maintenance and operation to avoid surface runoff. l fill, m::~**mr... j l~ u:m .. wpe W'_'f'Ia""""""adKopldnro ~ ;""?;2. *;~ P"lle 14 . . . ,.,-:::t:::.m-:;:;:;:;i;:wt:;;;:;:ti;W;':;:,'::'4t~:::-.:i:~..mmr~~:;:;:;:~;i:J m:.i:!.*.";,t .u:::m iJmh~ r;E Soil and Climatic Conditions: a. Soil Conditions are widely variable for the project area. The soil ranges from silty sand and decomposed granite to rocky granitic concentrations. b. Climatic Conditions - The site, though located in a Southern California thermal belt, is influenced by south coastal cloud, fog and wind conditions, and sometimes experiences Santa Ana winds from the desert. Annual Precipitation Rates - (Rainfall in Inches per Year): The annual "historical" precipitation rate (average from 1940 to 1991) is 9.45 inches per year Currently San Diego County is in a drought mode and the historical precipitation rate may not apply For this reason the annual precipitation rate for 1991 is possibly more indicative of current precipitation rates. a. Anticioated ET (evaootransoiration) - the measurement in inches of soil moisture consumed by plants and evaporated from the soil: (San Diego County Water Authority, Model Water Efficient Landscape Ordinance and City of Chula Vista Landscape Manual limits the ETo to 80% of the measured ETo for calculations in each locale). Again, due to current drought conditions both ETo (historical ETo) and ET for 1990 are shown below' ETo (Historical Month Reference ) ETo - 1991 January 2.2 2.65 February 2.65 2.44 March 3.42 2.95 April 3.78 3.94 May 4.88 6.32 June 4.88 7.20 July 5.13 7.96 August 4.88 6.78 September 4.49 5.87 October 3.42 4.65 November 2.36 3.53 December 1.95 2.80 Annual Averages: 3.67 4.75 For updated ETo and precipitation figures for this area, contact the Department of Water Resources, Office of Water Conservation, P. O. Box 942836, Sacramento, California 94236-0001. Upon your request, they will furnish you with California Irrigation Management Information Systems (C.I.M.I.S.) daily weather data from Station No. 74, San Diego or 1-800-339-9954 (24hrs.). - -~- "L'--.... ..__ ) rt ---t;; ( n~ ;-,..,1 :)j wpe ",_.\pIaWq\Jo_IdnIt3 Page 15 ~$@$:~H:;:;.::.::.?"m:;r.~*=;f:~*m~m$:mtBW'::'~W.M$.@t..~t~~~'%~~$::ma *.tr%Li Ilhn .1'....1!J Water Source and Quality: 1 The irrigation water source will be tapped from an existing and functioning on-site potable pumped ground water system. This system is operated and maintained by fire station personnel. Precipitation Rates - Planted Areas: The precipitation rates for each variety of planted, irrigated area are as follows (they are listed by plant type and the sprinkler nozzle servicing them operating at 40 psi). . Trees, Shrubs and Ground Cover: Series, Low Gallonage, Matched Precipitation Rates, Pressure Compensating Nozzles; xx' Coverage Radius (full)x.xx PR xx' Coverage Radius (half)x.xx PR xx' Coverage Radius (quarter)x.xx PR Summary of Water Conservation Methods: The irrigation design and water management program described utilizes known and documented water conservation principles. 1 The irrigation equipment and layout in the design reflect the water conservation methods that have been a standard in the industry, including: an automatic controller with multiple daily run times, the use of moisture sensors and a rain gauge to interrupt the automatic programming of the controller when necessary, "head to head" sprinkler layout to increase distribution uniformity (DU), matched precipitation rate nozzles to increase DU, low precipitation rate nozzles to decrease the probability of surface runoff, separate irrigation stations according to: sun exposures; slopes (top and bottom); turf and shrub areas. The planting plan utilizes hardy native and drought tolerant plant species, adjunct to existing native areas. Ground cover-type plant masses act as living mulches to shade and cool soil temperatures and reduce moisture loss. Decorative turf areas are not designed into this project. Water Requirements: The annual anticipated water demand has been estimated in inches, gallons, and acre feet. Please note that the figures below were arrived at by utilizing 1990 C.I.M.I.S. data, and the water demand in non-drought years may be lowered by twenty percent. The City of Chula Vista is adopting the State Department of Water and Power mandate an ETo @ 80% of the yearly average ETo. The values shown below will reflect this mandate as water consumers in the Chula Vista area. '" r :.1'. \\'PC M:\bomelpJailllliq\laodselp\dnft3 l~/trr ~ 1* Page 16 . . . WPC M:_.\pIa..............pldralt3 ;l.~~.:lll 'li.!'i.:m: ;H~~~~ .:.!. .u.: :;jj=.:~ 1941nI"L'E Annual Anticipated Water Demand Inches Gallons Acre Feet sq. ft. of trees, shrubs & ground covered require: Water Delivery Systems: The type of irrigation system utilized for this project consists of an automatically controlled, PVC, pop-up spray system. Many water conserving principles have been applied in the design, such as: . . An automatic irrie:ation controller that has the capability of being set for multiple run times in one day for each station, thus reducing run-off by only applying the amount of water that the soil can absorb at anyone time. Also, the irrigation manager can set the run times to reflect the current C.I.M.I.S. data. . Sprinlder head lavout is "head to head", meaning that each sprinkler's coverage radius reaches to the next sprinkler head in the system, thus providing the best distribution uniformity (DU) possible. . Matched precipitation rate nozzles have been utilized. By matched precipitation rate it is meant that a designer can mix in the same irrigation station nozzles with varying spray patterns (ie; 90' s, 180's, and 36O's) and still have even precipitation rates throughout the area, again providing better distribution uniformity. This project analysis allows for low rate irrigation application for trees, shrubs and ground cover, depending upon soil percolation rate. . Low precipitation rate nozzles have also been utilized to reduce the amount of flow on all slopes 10% or greater. (In comparison to conventional or standard gallonage nozzles which emit considerably more water in the same amount of time, increasing the probability of water waste by runoff.) . Irrie:ation stations (the area that one irrigation valve services) have been separated to conserve water as follows: sun and shade exposures are separated; slopes are separated from flat areas; turf and shrub areas are separated. All the areas listed have different watering requirements, and run times are to be scheduled individually to reflect current C.I.M.I.S.data and the runoff characteristics of each station by the Owner or Irrigation Manager. Lb/J,5' -~ . Page 17 ,) .,3' d' ~~n";:~::;:;::m:::Mm%:;:;:;:$::::.::;:i:::::::;t.;;m:;:$:$'%%*:;:;;:;:::.::;:::*r@:;:::@m:g*~~Y4:::;~:W.m>>.1~~ft:r4W~;.:.:,l,l.M .. .ZI!( SM'ftrJ:'1'1: Water Savings: "'""\ The exact quantity of water savings cannot be established in a new installation (as compared with the water auditing program described by The Department of Water Resources for existing irrigation systems). The principles described within this landscape water management plan represent a substantial water savings over conventional irrigation designs and management procedures. We have conservatively estimated what a comprehensive landscape, irrigation, and water management plan could provide in water savings: Description Water Savings (%) Irrigation Design and Management Rain Gauge + CIMIS Info Native Drought Tolerant Plant Materials Estimated Thtal Savings (Total Landscaped and Irrigated Area of this ft. Project = Approx.) Actual Savings: Estimated Minimal (induding turf) Design Consumption for One Year acre Estimated Maximum (excluding turf) Design Consumption for One Year acre Total Estimated Savings ""'" ~ . i WPCM,Ibom.\pIa_""""pldraf13 Jt-.~i? -~ Page 18 . . . Im:ti-*itW::::.~.:m~~xi'_~ ~h:;E .~jj.~;~H* 'W :t:::~~ Irrigation Schedule: The following irrigation schedule outlines the probable timing of the controller. Each month the irrigation times must be evaluated and corrected. It is not sufficient to set the controller and walk away. It is important that on-site personnel become familiar with the plant materials in order to proficiently operate and maintain the system. (Sample) IRRIGATION STATION REOUlREMENTS (System Evaluated For Average 1"/Week Application) Average P.R.. System Running Time Valve/Station# InJHr. GPM Hours 1 0.82 4.6 1.22 2 0.95 11.6 1.05 3 1.03 14.0 0.97 4 1.08 12.4 1.08 5 1.03 7.0 0.97 6 0.84 5.8 1.19 7 1.06 11.4 0.94 8 1.85 10.0 0.54 9 1.06 12.8 0.97 10 1.85 12.6 0.54 11 1.03 10.4 0.97 12 1.03 2.4 0.97 13 1.03 8.6 0.97 · P.R. = precipitation rate in gallons per minute Note: Refer to the attached calendar of possible operation times for each system. Rnle of'rbumb: 1" P.R. Represents 6"-12" water penetration into the soil, i.e., clayey-sandy loam (always verify with soil probe.) wpe ..,"""".'foIo........._pldnlt3 Liz ---~ :; ~- Page 19 a/ 17/ I)'" ere' ~W!.;.~:;:;:m;:;~~i"*$:;:*":::::$::;:;@,*;~'Z'~~$:%r:::w:;::%Wg';::;:::;:W,:K$:%~:::;:~~*$~~"':~ ll.L~a,<< . ;z::.:::. it:;::m .Jk..yh"L'E ONE IRRIGATION CYCLE DURATION TO APPLY 113 INCH WATER (EACH. REPRESENTS 4 MINUTES APPLICATION TIME) '1 STATION # 1 2 3 4 5 6 7 8 9 10 11 12 13 ..... ..... ..... ..... ..... ........ . ..... ... ..... ..... ..... ..... ..... CONCLUSION: Under the Summer and Fall conditions, it is critical that native plant materials be kept much closer 1 to the dry end of the spectrum or bell curve of moisture content, than to the moist and wet end. Paying close attention to ET observations will give guidance to irrigation application rates (see summary). Contrary to customary belief, it is not proper horticultural practice to keep the soil surface in an artificially wetted condition. Optimum field moisture displaces oxygen needed for creation of biological gasses and nutrients required for healthy root, stem and crown growth. Nature in its mysticism will always outwit man. It is essential that we avoid trying to be too good to the flora and accept the natural signals given off by the subject genus or species. As an example, a broad leaf evergreen may start to curl its leaves as the sun rises hotter in the sky; does this mean the leaves are drying out? Chances are the opposite is true; Le., the leaf may curl to reduce its surface area to keep from getting too much light and/or reduce the actual evaporation rate. Keep in mind that steady winds cause evaporation also even under cloudy conditions. The true test of this or any other system as designed is the ability to observe plant behavior before drowning the plant with water. It does not make sense to irrigate native plants during a rainy season because native plant materials thrive on seasonal rainfall only; even during times of installation of the plants, it is unnecessary to maintain optimum moisture for an extended period of time to guarantee survival. In fact, survival can pretty well be guaranteed by prudent use of a soil probe and diligent inspection, maintenance and operation of the irrigation system. The advent of winter and spring conditions will provide ample moisture to the native plant material for the first season after transplant and may only need minor supplemental (customary psychological) irrigation, when in reality the native plant material will perform better on neglect. """ J.~ \We M:\bome'flla..msuaUsc::.p\dn.ft3 ~ /~ -J':r m::;~ Page 20 e . . .:~l3~J2::. . . ',,' ti:i:i. .:.:.lrliW:::~ 6.2 Glossarv: For the purpose of this Manual, the following terms shall have the meaning set forth below: "anti-drain valve" or "check valve": a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads. "application rate": the depth of water applied to a given area, usually measured in inches per hour. . "applicant": any person or business, requiring a construction permit per City code requirements. This person or business shall apply for and receive any and all permits from the Building and Housing and/or Engineering department(s). "automatic controller": a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. "backtlow prevention device": a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "C.I.M.I.S.": the California Irrigation Management Information System. This is a system administered by the California Department of Water Resources, which maintains weather stations throughout the state which records the daily ET numbers. "common area": that area which will be maintained by a homeowners association, County service area, or other form of cooperative organization. For purposes of these regulations, "common area" does not include open space which cannot legally be disturbed. "drought tolerant plant": a container or seed propagated plant that has the ability to endure prolonged periods of dry weather after establishment. "ecological restoration project": a project where the site is intentionally altered to establish a defined indigenous historic ecosystem. "emitter": drip irrigation fittings that deliver water slowly from the system to the soil. "established landscape": the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "establishment period": the first year after installing the plant in the landscape. "Estimated Total Water Use": the annual total amount of water estimated to be needed to keep the plants in the landscape area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscape area, the types of plants, and the efficiency of the irrigation system. "ET acljustment factor": a factor of 0.8, that, when applied to reference evapotranspiration, adjusts for plant factors and Irrigation efficiency, two major influences upon the amount of water than needs to be applied to the landscape. ., ( ,Jr ,-~~.>: . WPCW'-''foIo...u.,lla_pldralt3 --Y 16-k,i Page 21 ~~~~oom.::;::~~ *~l~~l ~'f~~~,: A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET Adjustment """'" Factor is 0.625. Therefore, the ET Adjustment Factor (0.8) = (0.5/0.625). "evapotranspiration rate": the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. "flow rate": the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). - "groundcover": low plants, either herbaceous or woody, or mulches, that cover the soil surface. "bardscape'" patterned paving material (Le" tile or mortared pavers, wood timbers, colored patterned concrete providing a tile, brick or stone appearance), or an integral continuation of 'patterned paving material with enhanced concrete such as exposed aggregate, colored or salt finish. "hydroseeding": commonly used to describe the method of applying seeds, mulch, fertilizer and soil stabilizers to slopes or to other planting areas. "hydrozone": a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be """" irrigated or non-irrigated. For example, a naturalized area planted with native vegetation . that will not need supplemental irrigation once established is a non-irrigated hydrozone. "infiltration rate": the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). "Landscape Architect": means a person registered by the State, who performs professional work in physical land planning and integrated land development, including the design of landscape planting programs and irrigation systems. "Landscape Contractor": licensed (C27) by the State to install plants, irrigation equipment and other landscape features as specified by the owner or a State licensed landscape architect. Landscape contractors are not licensed by the State to prepare landscape plans for sale. "landscape plans": for the purposes ofthis manual, landscape plans shall mean, any plans or drawings required to satisfy landscape requirements within the Chula Vista Municipal Code. The plan may consist of one or in-part the following types of drawings: planting, irrigations, constructions, lighting. grading and other drawings and landscape items, details or specifications. At minimum, landscape plan shall mean and include a planting. irrigation, and water management plan. "landscaped area": the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes, such as decks and patios, and other non-porous """" ru. WPC ..,_....."'""a\Io......pldnlt3 ~/t- ?O ~ Page 22 . . . l.::..::m.:;::::;,*W~cmll ItJ ~::::::.}-~*h'W areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included. "lateral line": the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "main line": the pressurized pipeline that delivers water from the water source to the valve or outlet. "mined-land reclamation projects": any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "mulch": may be any organic or inorganic material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "native plant species": A plant that is indigenous to the area and/or plant species native to the region, which once established is capable of sustaining growth under local climatic conditions. f . WPC >4,~."'Ia_""'pldnf13 /d--2/ -~- ('),~ 3 ' , Page 23 ~?:m.:::~m;::*,=*~:~@W'~?::$:f'@':.::m~ lU.Z"i:K:;;.;m;~';:f~m:::lY.*t::UjU::.:::;:;m:m::: *: j~:.;~:.;.:Jm::~W;"x.m;:'j Uj;:.;:m3:%:$;'f. "opera I t~ng .pressdure"'hthebPressure at which a system of sprinklers is designed to operate, "i usua ly Indicate at tease of a sprinkler. "overhead sprinkler irrigation systems": those with high flow rates (pop-ups, impulse sprinklers, rotors, etc.) "overspray": the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas. "plant factor": a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plans for purposes of this ordinance, the average plant factor of lower water using plants ranges from 0 to 0.3, for average water using plants the range is 0.4 to 0.6, and for high water using plants the range is 0.7 to 1.0. "rain sensing device": a system which automatically shuts off the irrigation system when it rains. "record drawing" or "as-builts": a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. "recreational area": areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "recycled water," "reclaimed water," or "treated sewage emuent water": treated or recycled ~ waste water of a quality suitable for non-potable uses such as landscape irrigation; not intended for human consumption. "reference evapotranspiration" or "ETo": a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. "rehabilitated landscape": any re-landscaping project that requires a permit. "run otT': water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. "shrub": a woody perennial plant with single or multiple basal stems. "slope": the inclined exposed surface of a fill, cut or natural terrain. "soil moisture sensing device": a device that measures the amount of water in the soil. "soil texture": the classification of soil based on the percentage of sand, silt, and clay in '""" the soil. , rr wpe M:\Jlome'fdaDDiDtJaadsc::.p\dnft3 ~/~~?:L- ~ Page 24 . . . :K::m~.,.;::" ., "t~ .m:;: m~.l II "'~:@:.::-.m.~% "sprinkler bead"; a device which sprays water through a nozzle. "static water pressure"; the pipeline or municipal water supply pressure when water is not flowing. "station"; an area served by one valve or by a set of valves that operate simultaneously. "tree": a perennial woody plant with one or more well defined stems or trunks which can achieve heights of 15' or greater. "turf'; a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses. "valve"; a device used to control the flow of water in the irrigation system. "xeriscape"; water conservation through creative, appropriate landscaping and water management. The concept has seven basic aspects. Planning and design, practical turf areas, efficient irrigation, soil analysis, mulches, low water use plants, appropriate maintenance. _~b-7) i Page 2S I {' .tV) :J"I~ WPC ""-'lpIaaWq\Jo_pldnf13 wm-~~~$:;:;:.uW~IDm.:mm:::r~~;:;:;:;::-Bw..;:;~r~~; um.: '::.U~i:::'llif'~~~~~~:::-m..~.::;.~ 6.3 FIRE RETARDANT and/or DROUGHT TOLERANT PLANTS. (.South Coastal Zone, including Chula Vista) l Where the provisions ofany applicable code, policy, or this Landscape Manual require the use of Fire Retardant and/or Drought-Tolerant plants for private projects, any of the following mav be used, and shall be shown on the Landscape Plans. This list is not a complete list or intended to be interpreted as a mandatory list. Rather, this is suggestive of the kinds of plants conisdered within these catagories. Where applicable, consult the Fire Marshal for acceptable fire-retardant plants. For the Recommended Plant Material List for open space and/or public projects, see Appendix Section Three, Appendix A. Rntani... 'Narn.. rnrnrnnn 'Narn.. o TREES: Ceratonia siliqua Rhus lancea Schinus molle Umbellularia california Washingtonia spp. Quercus agrifolia Carob Tree African Sumac California Pepper California Laurel Fan Palm o SHRUBS: Artemisia caucasia Atriplex cuneata Atriplex nutalli Atriplex lentiformis Atriplex semibaccata Callistemon citrinus Cistus villosus Cotoneaster dammeri crispus Heteromeles arbutifolia Nerium oleander Prunus lyonii Rhamnus alaternus Rhus integrifolia Rosmarinus officianalis 'prostratus' Caucasian Artemisia Saltbush Gamer Valley Saltbush -; Creeping Australian Weeping Bottlebrush Rockrose Prostrate Cotoneaster Toyon Oleander Catalina Cherry Italian Buckthorn Lemonade Berry Sumac Creeping Rosemary o HERBACEOUS PLANTS: (2round cover annuals and nerennials\ Achillea tomentosa Agave americana Aloe Spp. Arctotheca calendula Cerastium tomentosum Crassula spp. Delosperma alba Gazania hybrid Lampranthus spp. Potentilla vema Santolina chamaecyparissus Satureja montana Yarrow Century Plant Aloe Cape Weed Snow.in.summer NCN White trailing iceplant Trailing Gazania Bush Ice Plant Spring Cinquefoil Lavender Cotton Winter Savory l lill 1 ~~r" U "t WPC M:\hcmc"'aaiq\lalWbcap\dnft3 _. ~ /~-/? ;[Jl~* Page 26 . . . ~~~g#;m;:::;:m::~4:m.:;:;:;:~~~~l.!l:<<ll::mK~~ ~ ~;!;:r: j::).:m;!M-. : iJ.~lU,~~.t:~~ Solanum jasminoides Tecomaria capensis Verbena peruviana Vinca spp. Wisteria spp. Potato Vine Cape Honeysuckle Peruvian Verbena Periwinkle Wisteria 6.4 DISCOURAGED PLANT LIST: These plants tend to be invasive and dominate when established in either riparian or coastal sage scrub plant communities. These plants shall not be proposed for use in the open space or parks. Where these have established in project areas, a eradication program is to determined, approved and implemented. Arundo donax Carpobrotus edulis Cortaderia selloana Cytisus scoparius Pennisetum setaceum Tamarix chinensis Giant Reed Hottentot Fig Pampas Grass Scotch Broom Fountain Grass Tamarisk -~-?~ :: Page 27 "1 ' rI' :J WPC M,Ikom.\plon.....'Ia"",,",p\d<af13 Part Two Private ~j:::-.:::B;:;:::;@~:@:::=.:::w:::~::::.:t"*;,::::?:$.:::;:;:.:::f.~m@.@.x:':l?::?::...~~.Ma:mf~&~~,:;::.",*v:m;~ Mi. 'r r~#l~:::U:~M.% 1 1. STANDARDS APPLICABLE TO REOUlRED LANDSCAPING. All landscaping required by City regulations for landscape plan approval whether building permits, grading permits, or other regulations shall meet the following minimum standards and requirements. 1.1 Landscaoe Elements: 1.1.1 Grading: All grading shall conform to City grading standards. (See Chapter 15.04 of the Municipal Code.) 1.1.2 Planting: All areas of the site on which new grades have been created or vegetation has been disturbed will be planted. One of two types of plantings listed below will be required: a. Type I plantings may require supplemental irrigation which is greater than natural rainfall, to ensure a manicured and healthy appearance. Generally, all visible areas adjacent to the right-of-way will be Type I plantings. Included in Type I planting will be the controlled use of "fire retardant/drought tolerant" planting strips necessary between structures and to be selected from the "FIRE RETARDANT PLANT AND DROUGHT TOLERANT PLANT " list. '"'" b. Type II plantings are drought tolerant and do not require supplemental irrigation and, once established, will survive and grow only with natural rainfall. Type II plantings could consist of "hydro-seeding" with drought tolerant and selected containerized native vegetation which may require temporary irrigation until materials are established. 1.1.3 Materials: Shall include the planting of combinations of trees to provide Solar energy conservation and utilization, ground cover, shrubs, vines, flowers, or limited turf varieties with the plant materials consisting of native species and/or drought resistant plant materials. In addition, when appropriate for the site and intended use, the landscaping may include natural features such as rock and stone, and materials, and structural features including but not limited to fountains, reflecting pools, art work, screens, walls and fences. 1.1.4 Fertilizers: All planted areas shall be fertilized with a complete organic or inorganic commercial fertilizer (nitrogen, phosphate, potassium). It shall also contain iron or a separate application of iron must be made (contingent on recommendations made by soil analysis laboratory). Slow release fertilizers shall be applied during plant installation and at the end of the one year guarantee period. 1.1.5 Decorative Landscaping: The use of architectural features, paving, fences, walls, '1 mounds, boulders, gravel, lighting, decorative water features, inert ground covers, t ~:Ul* ~ WPC M:\bomclp18IUliDJ\biDdscap\dl'llft3 ~/i,- 71r :;:::.: Page 28 . . . -; ill ....~=<<<<'~ and organic mulches (3" deep) is encouraged in conjunction with landscape plantings, if they are well designed and compatible with community aesthetic values. Recirculating water shall be used for decorative water features. 1.2 Irri~ation Elements: 1.2.1 General: Irrigation either by a permanent automatic sprinkler system or manually controlled sprinkler system shall be installed as appropriate to the type of planting served. 1.2.1.1 Material Standards; All pipe shall be made from N.S.F. approved, type I, Grade n PVC, conforming to ASlM resin specification 0 1784. All pipe shall meet requirements set forth in Federal Specification PS 22-70. 1.2.1.2 Sprinkler Heads: Sprinkler heads shall be a commercially manufactured type and shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. 1.2.1.3 Automatic Control Valves (Electric & Hydraulic). All automatic control valves (electric) shall be globe or angle pattern, electrically controlled, normally closed type. Valves shall automatically close in event of electrical power failure. All control wire shall be of the Underwriter's Laboratory type UF (underground feeder), single conductor, solid copper, plastic insulated, 12 or 14 gauge minimum, 600' volt rated for direct burial application. Electrically controlled irrigation systems shall comply with the requirements of the 1990 National Electrical Code, Article 725. 1.2.1.4 Backflow Protection: Backflow protection must be provided for all irrigation systems and shall conform to all local water purveyor codes and requirements. 1.2.2 Miscellaneous Desil!ll Criteria: 2.1 Gate valves are to be used as emergency shut- off valves and not as manual control valves for sprinkler systems. 2.2 Sprinkler circuits shall run parallel or as close to parallel to the contour lines as is practical. 2.3 Sprinkler heads within a circuit shall have a uniform precipitation rate. 2.4 Within subdivision lot development, every lot shall have an independent irrigation system unless otherwise specified by the approved plans. 2.5 Pressure regulators, pressure relief valves, thrust blocks and other irrigation appurtenances shall be required. WPC W,_lpIouiqlla....pldnof13 /6----72 -~- poge 29 " nlf: r m:M:ll:m:;.::&,=::;:;:;;;;;m::m:"t~:::::::::::~:m~~;;ww.$'~~~w. :l . ;~:;:::;~~::m. ., ll~*~~$~ 1.2.3 Installation Procedures: """ 3.1 Pipe Installation: The following are minimum criteria to be complied with for pipe installation: .1 Trench Width and Depth Schedule: All non-pressurized lateral pipe shall be placed at a minimum depth of 12" and a minimum of IS" for pressurized pipe. The trench width shall be the pipe diameter plus 4" (minimum). .2 Flushing and Testing: After all new irrigation piping and risers are in place and connected and prior to the installation of irrigation heads and/or quick coupling valves, the systems shall be flushed and made ready for testing. To insure proper functioning of the system, all pressure irrigation piping shall be hydrostatically tested. ,3 Installation of Direct Burial Control Wires: All direct burial control wire shall be installed in a trench and to the side or below any pipes in the same trench. Minimum trench depth when installed without pipes is IS" unless supplemental protection is provided. Whenever direct burial control wires are to be installed under new or existing improvements such as curbs, sidewalks, and/or pavements, they shall be installed in a PVC conduit of the size noted on the plans, which shall extend one foot beyond each side of the improvement. The letter "E" shall be stamped or chiseled on the improvement directly """" above the conduit. All wire splicing shall take place in the valve boxes and/or pull boxes. All splices shall be made with a mechanical connector encased in a self-curing epoxy resin or equal, which provides a permanent watertight connection. .4 Installation of Control Tubing: All control tubing shall be installed in a trench to the side or below any pipes in the same trench. 1.3 Plant Grouoinl!S: Plantings which are decorative in nature, and having similar water use, shall be grouped together. .,",,+ wpe M,_.Ip..uiq\Ia......p......ft3 J~ ~ ?6" ~ ~ Page 30 . . . Part Three Public ~. 1. INfENT. The Parks & Recreation Department developed this part of the City's Landscape Manual in response to the need for a document that addresses the important aspects of design, installation and maintenance of the City's parks, recreation facilities, open spaces and streetscapes. The intent is to establish criteria to provide. the City and the citizens with the highest quality facilities and landscape installations. The desire for all landscape projects is to carefully integrate community needs, environmental conditions and natural resources into a network of functional and aesthetic parks, trails, open space areas, and streetscapes that require appropriate amounts of maintenance and supplemental irrigation. 2. APPLICATION. Part Three applies to all public and private developments requiring submittal ofIandscape plans for development permits including, but not limited to the following projects: . Public Parks and Recreational Facilities . Open Space Maintenance Districts . Street Medians and Parkways 3. FORMAT. Part Three is divided into six (6) sections: . Submittals (Section I) . Graphics and Standards (Section II) . Design Standards and Criteria (Section III ) . Landscaping (Section IV) . Irrigation (Section V) . Trails: General Use & Recreation Trails (Section VI) The Submittals section (Section I) informs the applicant as to: 1. What types of submittals are required. 2. The iBteBt of requiring the submittal. 3. Who shall prepare the submittal. 4. What the graphic format shall be. 5. What the COBteBts shall be. 6. Who the approving authority shall be. WPCM'-.\pIa_....,......... )"-79 ~~ Page 31 f)(,ll I,ll' m:;~m..~$':f.4%*:::::::%~'i,;:;:;:;;;:;~;:;:::::;:;m:;:;~-::~4Bw.;:;:;:;:;;;:;w:::~%~~m:;;;;;;::;:;@~:~~~;:;:;:%.:t~r.*,~.<<.:::::.~~~~~~m>':;:;::::.:::;:;M~--::.;:;;~:m::;:m;:-;i!: The Graphics and Standards section ( Section II) informs the applicant about: 1. The various aspects of a construction document package. "'" 2. The necessary plans and requirements for each section. The Design Standards and Criteria section (Section III) informs the applicant about: 1. The specific requirements are for each aspect of site planning, hardscape, landscape, irrigation, and recreational facilities. The Landscaping section (Section IV) informs the applicant about: 1. The design and maintenance requirements for landscaping are for parks, open space, and streetscape installation. The Irrigation section (Section V) informs the applicant about: 1. The design and components required for a public works installation, specifically parks, open space and streetscape installations. The Trails section (Section VI) informs the applicant about: 1. The design and detailing required for a public works installation. Specifically what types of trails planned and their requirements. ""'" 2. Who to contact to determine if a trail is to be provided in a certain area of the City D. Conflicts with Other Documents: Project, specific standards and guidelines, such as those contained in sectional planning area (SPA) plans and planned community district regulations, shall take precedence when in conflict with the following provisions. "'" ~~.lLl WPCM,lIoome'l>la_Ddxapldnlt3 ~~g-{2 Page 32 . . . ~l ~ Section One Submittal Requirements: 1. GENERAL. The Parks & Recreation Department requirements for submittals varies relative to the type of project and the phase of work being addressed. Specifically, the basis of the submittal is contingent on whether the project is a.park, open space or streetscape installation. It is recommended that the owner and/or consultants meet with Staff to review the scope of the project prior to initiating work on any of the required submittals. Early communication between the applicant and the City will help clarify the actual scope and product of the project. The following information is an overview of the park and open space development process and the specific products required for submittal. This framework and process has been developed to benefit the AppliCant and staff by streamlining the review and approval time required for each type of project. 2. PARKS. . Concept Plan: The Concept Plan is the initial phase in the park design process. Work product relative to this phase includes, but is not limited to: meeting with staff to discuss the project and the desired uses, site analysis, program development of site features and components: development of various schematic alternatives to evaluate site planning options; determination by staff of the preferred alternative; preparation and submittal of the refined concept plan. . Master Plan: The Master Plan phase is the refinement of the Concept Plan to bring the park design to a detail and graphic level acceptable for presentation to the Parks & Recreation Commission and City Council. The plan(s) are to be colored renderings, mounted on foam-core. All Master Plans will be retained by the Parks & Recreation Department for presentation purposes and archival data. . Design Development: This phase focuses on the refinement of the Master Plan, to a level of detail sufficient to move into the Construction Document Phase. The determination of materials, finishes, colors, plants, quantities, etc. are to be analyzed and determined. . Construction Documents: The Construction Document phase consists of the preparation, review and approval of all plans necessary for utilization by the contractor for the installation of the project. Typical sheets may include: Planting, Irrigation, Construction, Grading, Layout, and related Construction Details. WPC "'_.\pllluiqIla-.,_ },b --'r / -~ Page 33 I ~ ';; :;"J ~':'~~~:tr%;$.~J':::::::~~W%:.::??<;:3%~::;::::-;::mr:;&mw~~**,":*:;;;::W,*~~J:;:$.*,~:;:~~~*,:&r:;:.-x.%.~m=*.~4m,*~~~r ~W~~:t.~~M:umf.::::: 3. OPEN SPACE. """" . Concept and Analysis Plan: The Concept Plan for an Open Space project shall serve as a comprehensive plan identifying the following aspects: analysis of the existing conditions, and the mitigation of any impacts generated by the proposed project; existing features on-site and any sensitive plant, habitat or wildlife existing on-site that might be impacted; identification of the various Open Space lots being proposed for turnover to the City by letter designation; the level of modifications or improvements to be installed relative to the "Code" system utilized by the City; gross area of each lot and the total area of all Open Space lots, proposed or existing adjacent land uses; and other proposed improvements such as trails, kiosks, signage, walls, etc. . Master Plan: The focus of this submittal is to graphically indicate the location of the project, the types and locations of improvements, relationships to the adjacent land uses and the benefits that will be derived from the prQject by the City and its citizens. The plan shall be at an appropriate scale to allow for accurate analysis. This plan shall be a rendered plan, mounted on foam-core and will be retained by the Parks & Recreation Department for presentation purposes and archival data. . Construction Documents: The Construction Document phase consists of the preparation, review and approval of all plans "'"" and documents necessary for utilization by the developer and contractor for the installation of the project. Typical sheets may include: planting, irrigation, construction, grading, layout, and related construction details. Based upon the scope and type of project, staff will identify the quantity of sets to be submitted for review. Four sets of plans will typically be required for routing to other City Departments. 4. STREETSCAPE. (MEDIANS & PARKWAYS) . Master Plan: The focus of this submittal is to graphically indicate the location of the project, the types and locations of improvements, relationships to the adjacent land uses and the benefits that will be derived from the project by the City and its citizens. The plan shall be at an appropriate scale to allow for accurate analysis. This plan shall be a rendered plan, . Construction Documents: The Construction Document phase consists of the preparation, review and approval of all plans and documents necessary for utilization by the developer and contractor for the installation of the project. Typical sheets may include: planting, irrigation, construction, grading, layout, and related construction details. Based upon the scope and type of project, staff will identify the quantity of sets to be submitted ""'" for review. Four sets of plans will typically be required for routing to other City Departments. Ji... wpe ""_....._adoaopldnof13 ~t-8':J- ~ Pase34 . J *U%t .:a::.*:)~ :J::: Section Two Graphics & Standards: 1. GENERAL. 1.1 1.2 1.3 1.4 . 1.5 1.6 1.7 . To insure consistency and clarity, the following standards apply to all projects submitted to the Parks & Recreation Department. These are to be adhered to in the preparation of construction documents utilized in the implementation of a park or open space project, whether publicly or privately constructed. These standards shall apply to all new development projects, capital improvement renovation projects, plan revisions, and "as-built" drawings. Concept and Master Plans shall be on sheet size no larger than 32" x 40", unless approved by Staff prior to preparation. If a project requires more than one sheet, a key map shall be included on all sheets. All Construction Plans are to be done on City mylar"D" sheets with the appropriate title block modifications. All plans shall be done at a scale no smaller than 1" - 20'. Prior departmental approval is necessary if projects require a smaller scale to fit onto sheet size. If additional detail is required, a smaller scale is to be utilized to provide sufficient clarity. Open Space plans shall at 1" - 40' for large scale areas. For more detailed planting and irrigation, 1" - 20' scale plans shall be required (verify with staff). Graphic symbols are to be easily discernable; clarity is imperative. Provide bar scale on all plans to verify actual scale of plans. All Construction Plan sheets shall be issued City sheet numbers, in addition to providing the following for each sheet type in a separate number block: C - Civil Engineer Sheets HC - Horizontal Control Sheets LC- Landscape Construction U - Landscape Irrigation LP . Landscape Planting 1.8 Matchlines are to be labeled to provide adequate reference for identification and cross indexing to other sheets. 1.9 North arrow with scale shall be shown on all plans. North orientation of plan to be to the top or to the left of each sheet. 1.10 Label streets that are adjacent to the project or within the project's immediate sphere. 1.11 All areas deemed to be maintained by the City shall to be clearly identified on the plans (Open Space requirement). - ~ /~~~ t P"' ?,> WI'C ..,_...IUIiD&IIo......p_ Page 35 $~ft:*;m":;;;;;;?,;;:;;%~@>/::::~:$.~~>>.N&:r~::$;W:;K*.mffi.~%~~+.*u ~ u; .~:;t:?:::.~~:m::.:;.:;:;;;:r~; 2. FINAL WORKING DRAWING PREPARATION. '1 Note: Some or all of the following items shall be included for each plan or sheet, contingent on the specific project and the existing or proposed conditions at the project site. All Construction Plans shall use City of Chula Vista "D" Sheets. 2.1 Title Sheet: The title sheet shall numbered "T-l" and is to include the following information: 2.1.1 Vicinity map showing nearest arterial intersection, street names, north arrow, and project location. 2.1.2 Location map showing the following: a. Street configuration within, or adjacent to the tract or project b. Street names c. ~orth arrovv d. Match lines, if applicable e. Project limits f. Tract boundaries g. Scale 2.1.3 Index of Sheets '1 2.1.4 Title Block: a. Project Title b. Developer's name, complete address and phone number (if applicable) c. Landscape Architectural firm, complete address, phone number d. All other consultant's, complete address, phone number e. Date plans prepared f. Seal of Registered Landscape Architect, signed and dated, including expiration date of license g. Tract/parcel map number, tentative tract number or project address h. Revision block i. Sheet number of j. Permit number k. Signature block for approvals by the following agencies: . Director of Parks & Recreation . City Landscape Architect . Otay Water District (if reclaimed water for irrigation) . County Health Department (if reclaimed water for irrigation) """" ::::; WPC",,_.lpla__pldnolt3 - ~ )~-i? .~ Page 36 . U 2 - 2.1.5 General Notes: The following general notes are provided to give directions to the Contractor. The City Engineer's signature on these plans does not constitute approval of these notes and the City will not be responsible for their enforcement. a. b. c. d. e. f. g. . h. i. j. k. I. m. . WPCW:_'t>Ia__pldnlt3 Contractor shall verify with owner's representative that plans are current and approved. Work shall be in accordance with the requirements of the City of Chula Vista Landscape Manual (most recent edition) and the San Diego County Handbook' for Public Works Construction. Whenever special requirements conflict on any matter, the City Engineer or his representative shall determine which special condition or code shall govern. These plans are based on improvements by dated The Contractor shall comply with the Engineering Soils Report recommendations as they relate to his work. The Contractor shall obtain all necessary and/or required permits ad pay all related fees and/or taxes required to install the work on these plans. The Contractor shall be appropriately licensed as required by the State of California. A separate plumbing permit and inspection will be required from the Building and Housing Department for the installation of irrigation systems shown on this drawing. The contractor shall notify the Engineering Inspection Division prior to beginning work and shall be responsible for coordinating with the owner, Landscape Architect, governing agencies and other trades. Contractor shall notify the Engineering Inspection Division immediately of any errors, omissions or discrepancies in existing conditions or with the plans orior to beginning the work. Unit prices for all improvements shall be established as a part of the contract with the City, prior to beginning work, to accommodate additions and/or deletions of material and/or labor. Determination of "equal" substitutions shall be made only by the Landscape Architect. Landscape Architect and/or Engineering Inspection Division shall be notified no less than 4 hours in advance of the start of construction, any site observations, or meetings. Site observations shall include, but not be limited to: Main Lines a. Trenches complete b. Hydrostatic pressure test c. Backfill and compaction Control Lines a. Trenches complete b. Wires, connections and pull boxes in c. Backfill and compaction and circuit test Lateral Lines a. Trenches and sleeves b. Pipe, fittings, swing joints-spotcheck . ~ /k ---3".7 -~ ;}?1 , Page 37 ~~M:?:@?:W'@:;W..;Mmm~~~--::::Bmm',:;:.;m:t'0.:;:;:;:.::m;:r$i$:t~~~:;:m:;~~~~~. :ti..! zm:;:r#.;%.~~:t.::W.~ c. Backfill and compaction ""'" Note: "Landscape" shall refer to all improvements within this set of documents that have been designed by the City or bid out in this project as a component of the project. n. Site observations by the Landscape Architect during any phase of this project does not relive Contractor of his primary responsibility to perform all work in accordance with the plans, specifications and governing codes. o. The Contractor shall provide full maintenance of all landscape areas for a minimum of 90 days after initial written City approval. All open space areas which will ultimately be maintained by the City of Chula Vista, shall be maintained for a minimum of one year after initial written City approval. p. The Developer shall provide a "non-exclusive easement" when public trails or sidewalks occur outside the public right-of-way. q. The Developer shall provide easements for public utilities that occur outside of the public right-of-way. 2.2 Grading Plan: Shall include (but not be limited to): 2.2.1 Grading Plans for projects that require grading shall conform to the Grading ""'" Ordinance #1797. , 2.2.2 Existing and proposed grades with flow lines. 2.2.3 All existing and proposed surface structures, improvements, underground drainage systems and utility lines with depths noted. 2.2.4 Elevations at curb returns and control points. 2.2.5 Reference to City plan numbers for all existing and proposed improvements within and adjacent to the project boundary. Reference shall include the type of improvements and responsible party for the improvements. 2.3 Lavout and Construction Plan: Shall include (but not be limited to): 2.3.1 Graphically indicate and identify: a. b. c. d. e. f. g. Walls Fences Walkways Pathways Signs Site furnishings Structures ~ l~.:.:,*.*m~::& wpc M:~'foIolUliq\la"""p\dnf13 -~ /tt.--?'~ )i Page 38 . ~. ;;Ul:i~UUt :Uli.*:; ~ h. Recreational facilities i. Parking lots j. Site or landscape lighting 2.3.2 Construction details. 2.3.3 General construction notes. 2.3.4 Specifications. 2.3.5 Any aspect of the landscape J:X>nstruction (including but not limited to those items above) shown on either any architect's or engineer's plans, shall have information regarding those items indicated on the Landscape Plans and referenced as to plans and sheet numbers. 2.3.6 Plans that include construction items requiring building permits per the current UnifOrm Building Code shall be identified as requiring permits and state the party responsible for obtaining the permit. The permit number (if known) shall be referenced on the plan. . 2.3.7 Reference to City plan numbers for all existing and proposed improvements. IdentifY the location and depth of any utility line that may interfere with the proposed construction. References shall include the type of improvement and responsible party for the improvement. 2.3.8 All sleeves and other construction items requiring coordination between other phases of work shall be included in plans and details. 2.4 Irril!:ation Plan: Shall include (but not be limited to): 2.4.1 Graphic presentation of all components of the system. 2.4.2 A legend showing all symbols stating the manufacturer, precipitation rate, gallons per minute (gpm), radii of each head type and detail reference call out as well as all pertinent data for materials used in the system. 2.4.3 Irrigation details. 2.4.4 All systems shall have their equipment sized, their control valve size and station number given, and their gallon per minute (gpm) stated. Pipe sizes shall be indicated numerically (i.e. 3/4", 1", etc.) 2.4.5 Description and location of the water servicetmeter(s) shall include: . a. b. c. Domestic or reclaimed service Water meter size and address Installation requirements and responsibilities of the water purveyor and the Contractor WPC M:\It.-e"'aaiaa\Ia~~ ~~~f13 -~ Jt~t~ : Page 39 "' f ;.01 ~'i:;~;oom*;;:m;;:;~~:;:.~~ww.w$m;;:::~~ @"l W ,h>.1;!;~;j..!J.:::W:W.W ;~J,,:::.:m.&:::, ~. ~'W..m:::: d. e. f. g. h. i. Available static water pressure at point of connection (POC) Design pressure Peak flow through water meter (GPM) Total area served through the water meter in acres or square feet Yearly demand in acre/ft. Irrigation program that documents the system as designed provides sufficient supplemental irrigation based on the precipitation rate of the specific head(s), and the irrigation coverage of the site can meet the highest demand monthly ETo within the following watering window: .~ . . Parks Open SpacelStreetscapes 4 day, 8 hr window 5 day, 9 hr window - for Code 1, 2 & 3 areas 10 p.m. - 6 a.m. 9 p.m. - 6 a.m. 2.4.6 Pressure loss calculations for each point of connection. Calculations shall show pressure loss for the system with the highest pressure requirement. 2.4.7 Description and location ofthe electrical service which shall include: a. Point of connection to the electrical service b. High voltage line to the electric meter c. Electric meter type, location and address d. Installation requirements and responsible parties 2.4.8 Booster pump locations (if required). ~ 2.4.9 Location of all existing and proposed surface improvements and structures. 2.4.10 Reference to City plan numbers for all existing and proposed improvements. Identify the location and depth of any utility line that may interfere with proposed construction. References shall include the type of improvement and responsible party for the improvement. 2.4.11 Location of existing trees and requirements for performing work around them. 2.4.12 General irrigation notes. 2.4.13 Specifications. 2.4.14 The following requirements pertain to reclaimed water projects. These notes shall be included on all plans for irrigation systems using (or designed for) reclaimed water: A. The installation of the reclaimed system shall conform to the rules and regulations for the construction of reclaimed water system within the Otay Water District. ~ l~:.t~:t.:!Jt~ :J ...~.l;l.Llt*" WPCM'~.~"_"""p\dnlt3 ~/t-~r Page 40 . . . -(.:.:>: .$~':':,t,~l .~^:lmm. ~~U~~.~':::.**.:i:,**.3.:Uj~l:':lUlr1tll ^4 B. The Otay Water District shall be notified two days prior to the start of construction at (619) 670-2222 and each workday thereafter until completion of the project. C. All on-site constant pressure reclaimed and potable water main line piping installed on this project shall be identified in accordance with the district's regulations and the irrigation specifications. D. Detectable warning tapes shall be used on all constant pressure main line piping carrying either reclaimed or potable water. . E. Warning tapes shall be a minimum of 3" wide and shall run continuously for the entire length of all constant pressure main line piping. The tape shall be installed in the trench 6" above the top of the pipe at the top of the sand bedding material. F. Warning tape for the constant pressure potable water piping shall be BLUE in color with the words "CAUTION BURIED WAlERLINE BELOW' imprinted in minimum I" high letters black in color. Imprinting shall be continuous and permanent. G. Warning tape for the constant pressure reclaimed water piping shall be PURPLE in color with the words "CAUTION BURIED WAlERLINE BELOW" imprinted in minimum I" high letters black in color. Imprinting shall be continuous and permanent. H. All pressure main line piping from the reclaimed water system shall be installed to maintain 10' minimum horizontal separation from all potable water piping. Where reclaimed and potable water pressure main line piping cross, the reclaimed water piping shall be installed below the potable water piping in a PVC Cl 200 pipe sleeve which extends a minimum of 5' on either side of the potable water piping. Provide a minimum vertical clearance of 6". I. Contact the Otay Water District and the City of Chula Vista Parks & Recreation Department to arrange for a coverage test and a system walk- through. 2.4.15 Exterior drinking fountains must be shown and called out on the reclaimed water irrigation plans. If no exterior drinking fountains are present in the design area, it must be specifically stated on the plans that none exist. 2.5 Plantinl! Plan: Shall include (but not be limited to): 2.5.1 Location and spacing of all plants. WPCM:-''foIo__Idnofl3 /6 --gy ~~- Page 41 , ' :ft7 v I a.~~*~;;;::;;:~:;;;;;;::;i:;;;;;:i:~;;;:;::::m:.m;;;;~.:::m~%%:i~%,:;:;:::,;;;;::::~;%~;~m~;r:::%~$:$;;'$:::%1*:'~:;;.~$.:U~%~.,.@*~:::m:*h:mm:mm~~~:t:,m~;>>'--:;0~i:; 2.5.2 Plant material species, container size, quantity, minimum ground and spacing --.., requirements. 2.5.3 Standards for tree caliper, height and spread shall be specified. 2.5.4 Location of all existing and proposed surface structures. 2.5.5 All existing easements shall be indicated and labeled. 2.5.6 Edge of buildings on all adjacent properties (if applicable for solar access). 2.5.7 Reference to City plan numbers for all existing and proposed improvements. Locate and identify depth of any utility lines that may interfere with proposed construction. References shall include the type of improvement and responsible party for the improvement. 2.5.8 Seed mix information (including but not limited to): a. rate b. mix c. mulch d. binder e. fertilization f. inoculation """\ 2.5.9 Planting details. 2.5.10 General planting notes. 2.5.11 Specifications. 2.6 Electrical Plan: Shall include (but not be limited to): 2.6.1 Location and spacing of all light fixtures, pull boxes, transformers and other components. 2.6.2 Light Fixture Schedule indicating the manufacturer, product number(s), light source type, etc. 2.6.3 Panel Schedule that conveys all information relative to each control panel. 2.6.4 Location of all existing and proposed surface structures. 2.6.5 All existing easements shall be indicated and labeled. 2.6.6 Edge of buildings on all adjacent properties (if applicable for solar access). ~ ! wpe M.\Ioome'f>.......\Ia....pldnlt3 = y /t -90 :; Page 42 . . . ~:!:::~~~r::::::":"@m~"?':W*~~l ~ ~~_~:;.~'f~tKUGl ;.l::!:tR ;.:,;,' ~* jj . t~jj; Jj Mlli:.LliE ~~~:m;::; 2.6.7 Reference to City plan numbers for all existing and proposed improvements. Locate and identify depth of any utility lines that may interfere with proposed construction. References shall include the type of improvement and responsible party for the improvement. 2.6.8 Installation details that indicate the installation of all components specified. WPCM,_.IpIo__p\Clro1t3 -pr; /~ -:7/ .....d:.! JL ~ Page 43 I " .", ., ...~ I;' ,," .(j ~~:;:M~mmm~:;;::f~;;:::::-r:;:mw<<;m.':=::;.m.<::=';;::::M*m:;:MmW&;.;%rA~~..m$~:m. 'l:;;;:~tUm.:mmM~~~~&;:-mt::: Section Three ~ Park Design Standards & Criteria: 1. GENERAL. The following design standards and criteria address functional and aesthetic issues for park design, and are to be referenced and utilized during the formulation of conceptual designs, design development and final working drawing preparation. The specified items are requirements and shall be followed. 2. PARK DESIGN. 2.1 Site Planninl!: 2.1.1 Park site planning is a dynamic process that can vary greatly contingent on the site context, existing conditions, size, scale, proportion, program and concept. Appropriate site design includes the identification and controlling of views, the organization of site components; recreation features, paths, roads and parking; structures and maintenance facilities, along with the types of furnishings necessary to support passive and active recreational activities. Planning must include analysis and integration of off-site features such as bicycle and pedestrian trails, open space areas and joint-use of adjacent schools to assist ""'" in providing for the recreational components, while maximizing the passive use areas. 2.1.2 Refer to the Parks & Recreation Master Plan for specific issues when analyzing and evaluating the above mentioned site planning issues for a new park design. For existing sites, coordination with Staff is required to come to resolution for site planning. 2.1.3 All areas of every park are to be designed to be handicapped accessible, as per the latest requirements as set forth in the Americans with Disabilities Act (ADA). 2.2 Hardscaoe: 2.2.1 Primary walkways in City parks shall be concrete: 6" thick x 10'-0' wide, minimum. Secondary walkways shall be 4" thick x 6'0" wide, minimum. Walkways should be located around turf areas to provide a transition from turf to planting areas. Locations of walkways at park perimeter(s) and at the parking lots are to be located to provide a logical, convenient and aesthetic means of accessing the park. Mix design shall be 564 - D - 3000 for enriched paving. 520 -C - 2500 for basic walkways. 2.2.2 Decomposed granite (D.G.) paths may be proposed or required as a secondary or tertiary component of a park circulation element, in addition to recreation trail. These walkways shall be retained on both sides with a 2 x 6 redwood header as a ~ minimum, or preferably with a 6" concrete mow curb. D.G. to be a minimum of j u.t::..:~.m : ~~;::: l~U~ wpe M'\bame~"'"'"'aIJa_pldnof13 ~/b---;/?- *"*.:W:. Page 44 . . . ~~$...~:$."$~'$.:~~m:r~~~~,~: jj l::i:t ll~~ WPC M:\Iaome'ftlalllliq\1a...p\dra1t3 ~~. .:.:~~~:::;; 6" thick. Trail width requirements are contingent on the proposed use. If the trail is for recreational use and maintenance vehicle access, the width shall be 10' wide minimum. Park use requires a minimum width of 6'. Recreation use requires a minimum width of 10'. 2.2.3 Group use or pooling areas should be designed with enriched paving that is consistent with the design theme, colors and site concept. Provide sufficient information regarding the proposed paving for Staff to evaluate the proposed types, patterns, materials, etc. 2.2.4 All benches, tables, trash and hot-ash receptacles are shall be installed on concrete pads. Pads shall to be installed at a gradient no steeper than 1 %. Paving can be enriched or detailed for emphasis of site features. 2.2.5 Concrete mow curbs shall to be provided to separate all lawn areas from planting areas, under all chain link fencing, as an integral component of any wall (both at the top and bottom where lawn areas exist) and where directed by the Department. Widths will vary depending on condition and location. 2.3 Recreation Facilities: The following is a partial listing of potential recreational facilities that may be required or desired for inclusion in the development of a park design, contingent on the specific park site, scale, existing facilities in adjacent parks and the Parks Master Plan. Specific recreational amenities will be determined by the department based on a needs analysis. The Department will also take into consideration existing or proposed amenities within the Parks and Recreation Planning Area. 2.3.1 Basketball Courts: Basketball courts shall to be 94' x 50', with an additional 10' wide perimeter band of concrete. Court orientation shall be north - south. Courts shall be constructed of 6" thick concrete, with reinforcing as required (based on the soils report), minimum of #3 rebar at 18" o.c. each direction. Rebar dowels are to be provided at the mid-court joint. Resilient court surfacing and striping to be provided. Color(s) to be blue field, white striping and green If lighting is provided, then the court lighting recommendation is (4) - perimeter 30' poles with (2) - 400 watt metal hallide luminaries on each pole. Soils testing and structural calculations are required for submittal relative to the steel reinforcing and the footing details for the light poles. Coin meter boxes may be required for operation of the lighting. Site features related to a basketball court shall include a drinking fountain, bench(es), trash receptacle and bike rack. Backboard supports are to be arching precast concrete components set on a concrete footing. Backboards shall be milled aluminum with ribbed reinforcement, primed and powdercoated white with an orange "box". The shape is to be a "fan" product. Rims are to be orange, spring- loaded with metal chain nets. Three (3) point lines shall be painted white at the 19' - 9" distance (NCAA standards). -~ ~;-/~ -9J Page 45 !i' >- "", .. , w:;@uu;;:;~:~~n::*;.~;::::;:m:n~w::::;;:;un:;..:::::..;;H@:r~;%:m;:;;f.;;;;W:::~;:;:~~$j,,~'*W;:;;~~wJ:"*~:::m;:::i:;:;;;;;:-t):::::$$-W.wA~~mm':;:$tt4~<<:::~W;~.t:;:mr.@%m.:rm:~:::BWn:;::: 2.3.2 Tennis Courts: """" Tennis courts shall be 120' x 60' in paved surfaced area, and 78' x 36' in actual court area. Courts shall be constructed of 6" thick concrete, with reinforcing as required based on the soils report, minimum of #3 rebar at 18" o.c. each direction. Rebar dowels shall be provided at the mid-court joint. Resilient court surfacing and white striping shall be provided. If lighting is provided, then the court lighting recommendation for each court is (8) - 20' poles with (1) - 400 watt metal hallide luminaire on each pole. Soils testing and structural calculations are required for submittal relative to the steel reinforcing and the footing details for the light poles. Coin meter boxes shall be required for operation of the lighting. Site features related to a tennis court shall include a drinking fountain, bench(es), trash receptacle and bike rack. Court orientation shall be north - south. 12' high green vinyl coated chain-link fencing with windscreen fabric shall be provided around entire court perimeter. 2.3.3 Swimming Pool: Swimming pools are shall be a minimum of 25 meters x 15 meters. Preferred size is 50 meters x 20 meters. Specific facilities and site detailing to be coordinated with, reviewed and approved by the Parks and Recreation Department. """" 2.3.4 Softball Field: Softball fields shall be designed and sized to accommodate men's professional league games. 60' baselines and 300' radius outfield. If lighting is provided, then light poles are to be a maximum of 65', tapered galvanized steel poles. Soils testing and structural calculations are required for submittal relative to the steel reinforcing and the footing details for the light poles. Each field is to be switched independently. Orientation shall be home plate facing north, or as determined by the approved project Master Plan. 2.3.5 Soccer Field: Soccer fields can vary in size from 165' x 300' minimum to 225' x 360' maximum. The actual field layout shall be as directed by staff based on the land area available. If lighting is provided, then light poles shall be a maximum of 65', tapered galvanized steel poles. Soils testing and structural calculations are required for submittal relative to the steel reinforcing and the footing details for the light poles. Each field shall be switched independently. Orientation shall be north/south. 2.3.6 Volleyball Court: ........ mm.l~ll~l:a;;l~~l ;<<-: . ~m ~.. Me M:\Iaome~IaJUliaJ\laad5c:.p\dn.ft3 1m /, 13 /1.-9~ ~ l ::&; Page 46 e e e WPCM:\bame'q>lo.......-_p.....ll3 llUl~ . ~%:Jm:~i1: : t:.l : l:mmm..l!. L U . Ul l:ml ~i~ Volleyball courts shall be 60' x 30', with a 10' wide clear area around the court perimeter. Courts shall be constructed with sand, 12" thick, minimum. The actual court layout is to be defined by nylon rope, secured at the corners by metal stakes. Orientation shall be north/south. 2.3.7 Comfort Station!Maintenance building: For all new park sites and facilities undergoing renovation, a comfort station/maintenance building will typically be included in the project program. .1 Comfort station in. active parks shall contain three (3) separate storage areas, sized to have sufficient room to allow for a small utility vehicle (if ballfields are at site). Rooms to have adequate shelving,' lighting, ventilation and have drains to allow for hosing out. AIl rooms to have separate locking doors, sized to allow for access and removal of applicable league equipment. .2 Interior of all comfort station toilet areas shall be constructed and sealed to prevent the potential for bacterial growth. .3 AIl areas including floors, walls and ceilings shall be sealed and graffiti coated. .4 AIl toilet fixtures shall be low flow and sink fixtures shall be low-flow with automatic water shut-off fixtures. .5 AIl stainless steel fixtures shall be pre-approved. .6 Metal mirrors will be installed in lieu of glass. .7 Electric hand dryers shall be utilized in lieu of paper towel dispensers. .8 Toilet paper dispensers shall be vandal proof with two or more roll storage capacity .9 AIl toilet partitions shall be solid poly material, "Santana" of equal, with sturdy installation hardware. .10 AIl floors to be designed and constructed with adequate drainage to allow for high pressure cleaning. .11 Any skylights designed into the facility to be designed to prevent break-in access. Mesh or bars in the interior shall be included. .12 AIl restrooms shall be equipped with locking doors that have concealed locking mechanism which do not detract from the building aesthetics. .13 AIl facilities shall be handicapped accessible and conform to all applicable ADA guidelines and requirements, including necessary signage. .di =ltL 16 - 95 ~~ Page 47 "J :,r~ ,- :SZ:%%'$~~*"*:B?:;:;:;:;;~;@:::-$s::"-.::m:$$:B";$:::::::::@%r:-~:i;:~:;;~:;:m:;;%r@:;;~:::z.::~~z.::r:;Q:;?,:::~::::~~:$:~~:;;:::@:m~~-$~:B*.:::.'?.m@:::l;~%";:..::;::*;.<<m~m:.'%Y~~;$Wt~:::::::?k~~~,$.;$.e:iWt.;;:";: .14 Building shall be well lit, both exterior and interior, with vandal resistant light fixtures. -.. , .15 Design of the building is to relate to the aesthetics of the site, with no concealed areas. .16 For parks and sites with league activities, a vending area may be required, including electrical, sewer, water, service window, and other components as determined by staff. .17 Utility area for staff shall be sized sufficiently for equipment and supply storage. Shelving and hanging components shall to be included. Adequate electrical and phone service shall be provided. 2.4 Lil!htinl! & Electrical Svstems: All park sites and parking lots shall to be designed and provided with security lighting as a required feature of the project. The types of poles, luminaries, light fixtures and installation shall be per the specific project design and requirements. The minimum amount of lighting along walkways and in the parking lots shall be 1 foot candle. All electrical components shall be installed in stainless steel, vandal proof, outdoor enclosures, unless installed in an interior application such as a maintenance facility. If in the open space, and a remote irrigation controller is being installed, then a back-to-back """" enclosure that also houses the electric meter shall be provided. 2.4.1 Lighting system designs shall be developed for all park projects by a licensed electrical engineer. Conduit and pull-boxes shall be installed in the first phase, even if the light poles and fixtures are not installed until subsequent phases of the project. 2.4.2 The power source to be utilized for all park lighting and power requirements is not to exceed 120v / 208 watt power. Transformer location(s) to be coordinated with SDG&E. 2.4.3 Additional conduit and pull boxes are to be installed to the furthest use component or area, to allow for future demands or replacement of failed circuits or where future lighting or fixtures are to be installed. 2.4.4 Security lights shall be mounted on 14 - 18' poles. Poles to be either precast concrete or spun aluminum with handholes at the base. Color shall be consistent with the project accent color. The fixtures shall have a IES classification of type IV semi-cutoff or non-cutoff. The refractor shall be U.V. stabilized, prismatic acrylic or polycarbonate. 2.4.5 Lighting for all courts and sport fields shall be with metal hallide fixtures. Security and parking lot lights shall be high pressure sodium (HPS). Minimum foot candles shall be provided are as follows: .~ 2.4.5.1 Tennis Courts:30 foot candles J2l.~ ~;;m;.Ej:.:. ~:.:. . WPC M:\bome'Plalllliq\lladsc:lp\draft3 ~/b/;?f =. J% Page 48 . * ~:;w.,*.m:%~~mr,i;'i[~@~* lilm~.m Jt!:!!lm K::t~~: 2.4.5.2 Basketball Courts:20 foot candles 2.4.5.3 Ball/Soccer fields: 40 foot candles - infield 25 foot candles - outfield 2.4.5.4 Security Lights:l foot candle - minimum 2.4.6 Each court, field, parking lot and security system shall be individually switched. 2.4.7 Each court may be required to have a separate coin meter wired through the electrical panel. Each court shall be lighted independently with each coin meter being located on the respective court. . 2.4.8 City maintenance vehicles must have access to court facilities to maintain light fixtures for relamping and maintenance. A 10' wide clear path shall be provided to all light fixture locations. 2.4.9 Irrigation heads shall be located equidistant in respect to the light pole locations. Light fixture locations shall be shown accurately on the lighting plan. 2.4.10 All underground conduit shall be Sch. 40 PVC. Minimum size to be 1". Conduit running parallel to hardscape features shall run adjacent to the hardscape and not underneath the paving. 2.4.11 . 2.4.12 2.4.13 2.4.14 2.4.15 Above grade conduit is to be galvanized rigid steel, 3/4" minimum size. Provide a pull box fuse and fuse holder at each light standard. Each feeder going up the pole shall be fused with a waterproof fuse. All light standards in lawn areas will have a concrete base/mow strip installed as per San Diego Regional Standard Drawing(s) L-5. The anchor bolts and nuts for all light standards shall be grout covered. Manufacturer's metal base covers are not acceptable. All park lighting shall be operated through a lighting controller. Unit to have an adjustable light sensor and be completely programmable relative to "on" and "off' time settings. 2.5 Parkin!! Lots: .1 Drive lanes shall be a minimum width of 26', .2 Minimum stall size shall be 10' wide x 18' deep. .3 Minimum handicapped stall size shall be 10' wide x 18' deep with a 5' wide off- loading lane adjacent; Two (2) stalls can off-load onto one (1) 5'lane. . .4 A geotechnical test is to be conducted and provided to provide for a paving section design for the parking lot and all vehicular access paths. WPCM,_.lpIauiq\Jo_pldnlt3 ~~ ~ /~-97 -~, Page 49 /' oi, f')0~ ,r ~~m~:;::::::}:~:m1t::~:::;:;:H:~:;:;m;:::;r.:~:,~:%%%-:m;:;.:::;:;:~~$.:::;:~:::":::~@:;:::;:;:i=:::~1~m;:Um~%$';::~.;:m:::..$m:;::.;.~*m..~*%~@::;~::::::.~m~m~::::..:ill3;:r:m.::::..;:;*,::::*:;:~ .5 12" concrete step-offs shall be provided in all planting islands where adjacent to a parking stall. """" .6 Security gates shall be provided at the entry to the parking lot. Site design is to allow for the prevention of vehicles circumventing the gates when closed (i.e. bollards ). .7 Signage and bollards are to be provided as required and directed by the Parks & Recreation Department. .8 25 - 50 stalls shall be provided for neighborhood parks, with 50 - 80 + stalls to be provided for community parks. Quantities may vary based on actual types and quantities of recreational components and size of park. Verify with Staff. .9 Security lighting shall be provided. A minimum of 1 foot candle of illumination throughout the parking lot is to be provided. Luminaries are to be High Pressure Sodium (HPS). .10 Gradients in parking lots shall be sufficient to provide for positive drainage (1 % minimum) but also allow for the acceptable installation of handicapped stalls. Cross gradients shall not exceed 4% at handicapped stall and access areas. .11 Dumpster enclosures shall to be located in the parking lot areas. Final location shall be reviewed and approved by staff. A heavy vehicle load paving section for the drive lane and the concrete apron shall to be provided at the head of the enclosure. Minimum size of the concrete apron shall be sufficient to allow refuse vehicle access to the trash containers. Specific dimensions and design shall be reviewed and approved by the Department. """\ .12 The paint utilized for striping and mark-outs shall be consistent with CalTrans Specification quality. Paint color shall be "white". For handicapped stalls and areas paint color shall be "blue". For fire access areas and no parking zones, color shall be ''yellow''. .13 See Part II for additional parking lot requirements. 2.6 Gradine:. Drainae:e & Landform Contourine:: The modification of a site to allow for the preparation and installation for the construction of a park site or Open Space is critical to the success of the specific project. Geotechnical testing, analysis and recommendations are required. A registered soils engineer or a person under the supervision and direction of a registered soils engineer should to be on- site continuously during grading operations. The Civil Engineer will be required to attest to the completeness and accuracy of the work as designed and installed. The Department will be involved in determining and reviewing all proposed grading and landform contouring plans prior to final development and approval of any Concept Plans, Design Development and Construction Plans. Grading, Horizontal Control, Irrigation and Planting Plans shall show the proposed finish .~ contour grades on the base sheet, at a 50% screen. jUL;m:;:;:t<<.@*~~~~ UL WPc M:\bome\p"DAiDa\la~p\dn:ft3 ~ /~~frg ~% Page 50 . . . ~::;;$:{::%i:.%:::41~~<m:~ll~*::.*li,~l..m::';:i:li:,~~l~:x.t* ~~ .:.:t ~;:::.;.~: 2.6.1 All projects will have positive drainage and provides the necessary components and drainage as required by the City Subdivision Manual for the design of drainage facilities. Indicate spot elevations at corners, critical locations and as necessary to properly and adequately indicate the proposed grading of the project site. Drainage arrows and sheet flow gradients shall be indicated. Drainage is to be directed away from buildings, electrical enclosures and irrigation controllers. Design is to provide for drain inlets, catch basins and underground piping as required to meet above referenced criteria. Open drainage swales may be considered where deemed appropriate by the Department. Site grading and drainage shall also confo~ to the following minimum requirements: 2.6.1.1 Sport Field Areas:2.0% min. and 3.0% max. 2.6.1.2 Open Play Areas: 2% min. and 5% max. 2.6.1.3 Lawn Areas: 2% min. and 4:1 max. gradient 2.6.1.4 Parking Lots: 1 % min. and 4% max. Handicapped Stalls to meet current Title 24 requirements 2.6.1.5 Hardscape Areas: 1% min. and 3% max. cross-slope. Paving not adjacent to streets shall meet current Title 24 requirements 2.6.1.6 SoftballlBaseball Fields: 1% - 1.5% grading away from home plate, Crowned from the pitcher's mound and home plate and sloping towards 1st and 3rd bases 2.6.1.7 Mulched Planting Areas (P.A.): 2% min. and 3:1 max. gradient 2.7 Trails: The various trail components within the City of Chula Vista include pedestrian, bicycling and hiking/equestrian trails. If the park site is adjacent to, or located along a existing or proposed trail component, then this feature shall be integrated into the park design. The General Plan also identifies trails as being the component to connect all city parks and schools, as well as open space areas. User group safety is of the utmost concern when locating and designing trails for inclusion in the City-wide and regional network. Trails should intersect all crossings at 90" if possible. Motorcycle or vehicular access onto the trail is to be prevented through proper design and detailing. Do not allow curbs or vertical features within 5' of the edge of the trail. Active sports shall not be closer than 20' to the trail. Do not locate any valve boxes, vaults or drain inlets in the trail. No obstructions will be allowed in any trail, and a minimum overhead clearance of 12'- O. shall be provided and maintained for both built and natural features. All trails are to be installed with City standard signage for the specific trail type. Trail signage shall be located at the beginning. end, and as required by CalTrans standards not to exceed 500'. 2.7.1 Pedestrian: WPCM:_....__p....113 it 'lk /" - q 9 -.:hY - Page 51 , t'" :;1i ~m.;;:;:;:,wmf.::;:$i;:;:;:;:;::~'i~:m::::$.:::;:;:r~;:;:H:::.m;;:;~:;::**::?~:;:;::mmoo"::::.~.:.: *t.~~-::>&:.~** vW'^:X:" ~ll=.u.M" ~~:::::::.%m:: 2.7.1.1 To be as per the description above in Section 2.1 "Hardscape". """\ 2.7.2 Bicycling: 2.7.1.1 To be as per the description above in Section 2.1 "Hardscape" , or as approved by staff. 2.7.1.2 A minimum centerline radius of IS' shall be maintained with appropriate signage identifying any hazardous or changing condition, and a continuous 3" wide dashed yellow strip shall be provided. 2.7.3 HikinglEquestrian: 2.7.2.1 To be as per the description above in Section 2.2 "Hardscape". 2.8 Walls & Fences: The following are the primary wall or fence types that may be required or desired for inclusion in the design of the specific project: Concrete masonry unit (CMU), cast-in- place concrete, CMU with a stucco finish, and hand-set precast-concrete block modules. Fencing types are wrought iron, chain-link and post and rail wood fencing. 2.8.1 Walls: """\ All walls are to be treated with an anti-graffiti coating as per the Department's specification. Safety railings as per code requirements are to be installed at the top of all walls that exceed 18" in height. 2.8.1.1 Concrete Masonry Unit (CMU): .1 Shall be designed and implemented to utilize the flexibility and other positive aspects of CMU products and features while addressing the intended design application for the project. 2.8.1.2 Cast-In-Place Concrete: .1 May be proposed when the massing and character of a design project merits its consideration. Design of walls and detailing shall be effective, yet feasible to construct. 2.8.1.3 CMU with Stucco Finish: .1 For use in project areas where a higher level of detail and design character is desired or called for relative to the use of standard CMU. Design shall reflect the project concept, theme and detailing in order to merit use of this wall type. 2.8.1.4 Precast-Concrete Block: """\ " ~ /~ j'J /~ - /00 ~ m:m::: Page 52 WPC M'~\P"..u.,IIo"""pldnlt3 . . . m.,,:a.~,:.:.:nm:.<<;:::.;;:~w~.@z.4-.:m:.~~.:;s,.i:::..-.l~;;;li iOOl llil J.l~uD$.:~ .1 Typically utilized in Open Space areas, this product may also be utilized in park projects where appropriate. Acceptable areas are low-use areas of parks. 2.8.2 Fences: 2.8.2.1 Galvanized Steel (wrought iron): .1 Used primarily in open space view fence conditions, galvanized steel fences may also have appropriate uses in park projects contingent on the project concept, proposed use and site detailing. All components shall be fabricated from galvanized steel. 2.8.2.2 Chain-Link Fence: .1 Varies in height and detailing as per the specific site feature use(s) and requirements. Galvanized or vinyl coated installations shall be specified on the construction plans. 2.8.2.3 Post and Rail Fence: .1 To be a minimum of 42" high, with the posts a maximum of 8' o.c. Fences are to have (3) rails and shall be installed as per CVSD 16. 2.9 Sil!llal!e: The inclusion of signage for a park or open space access point, at the appropriate location (Le. entry to project, primary visual point) is required. 2.9.1 Monument Sign: The entry monumentation signage for all projects shall be designed to emphasize the design and theme of the specific park and/or open space. The scale of these components shall be sized to be an appropriate element in the landscape, and to provide a feature of correct mass and proportion for which to mount the project name and identification. The City logo shall be included in the monument sign design, and shall be per City requirements. The monument sign and component(s) shall be constructed of materials that will provide for the longest lasting Imost durable installation. Materials shall be considered for use include Concrete Masonry Units (CMU). cast in place or pre- cast concrete or stucco over CMU. Wood features with signage may be acceptable for use at open space trail head locations. Verify with staff. 2.9.2 Dedication Plaques: Dedication plaques shall be provided for each new park project as a required component of the park development. Plaque shall be wall mounted where on appropriate building exists or on a dedication plaque podium. Verify with staff. WPCM'_...._-..1dno1l3 ~fr _)rf, / c??J /6 -/0/ Page 53 ., f(}'J ,r ~: . %...~%*~**:r:m*;;i;;M~;:::;~::::.:S"'M.?:OO>.-::::":;:::~~:;:;:$%*:':;:::::;:';:;~:';:;:$;:,%:::fu.~;~%~m:m]::::~m.::W~@W;';::;;;,.-::::::'~@U.lJl.:.:. ~'.: .$::::~~::mm:~W.1&*~*$:~,::,$:;:r::::: 2.9.3 Miscellaneous Signage: ""'\ A signage program shall be developed for each park site based on the specific facilities that are identified for inclusion in the project scope. All areas that are designed for handicapped access or use shall be identified as such to the requirements of the ADA. Other signage aspects shall include, but shall not be limited to: a. Handicapped Parking b. Park Rules and Regulations c. No Parking ( Red Curb) d. Court Regulations { Where Applicable) ""'\ ""'\ ~~ ~* j =. . .:!$UUZ \\'PC M:\IIora.e'Plauiq\lllDdscap\dnft3 J~ -J~}- ~ ;~~.: Psge54 . . . jmW~'lls::~~~W~;;[~..; jj lU**^ ~. Ut~ ~ lJ.ll~H.:m::.:~~ Section Four Landscaping: 1. GENERAL. Every project is unique in terms of site location, adjacent land uses, design constraints, positive and negative views, etc. The functional, aesthetic, soil moisture, and maintenance requirements of all proposed plant material are issues that must be taken into consideration in the development of landscape designs and wans. The following design guidelines address issues relative to maintenance and site design. It is the responsibility of the design consultant to design the landscape and make plant material recommendations that address all relevant site issues and constraints. Selecting and matching plant material into specific condition areas or 'hydrozones', that have similar requirements (water and maintenance) is to be emphasized. Native or low water requiring plants are to be situated away from turf areas, either by distance or elevation. Turf areas shall be separated from planting areas by walkways or concrete mow curbs. . 2. PARKS. 2.1 Plantine: Desie:n: 2.1.1 Turf: 2.1.1.1 The type of turf grass to be utilized on a park site is dependant upon the type of activity proposed for the specific area. Common Bermuda shall be utilized for passive use areas, 'Tifgreen' Hybrid Bermuda shall be utilized for sport field (softball, soccer, baseball, etc.) applications. 2.1.1.2 The quantity and configuration of turf shall be determined primarily on the park uses, needs and scale (to a lesser degree in consideration of the irrigation design). This in an effort to maximize the efficiency of the irrigation system and the on-going maintenance of the project installation. 2.1.2 Trees and Shrubs: 2.1.1.1 Plant material locations and spacings for shrub plantings shall be determined based on 75 -100% of mature plant size. Spacing shall allow for proper plant development without crowding, and for basic trimming. (min. one plant per 100 S.F.) 2.1.1.2 Prostrate spreading shrubs, in conjunction with shredded mulch, shall be used for groundcover in medium and large scale planting areas. Only in areas of high visibility will annual, perennial or succulent groundcovers be proposed and/or considered. WPCM,-.\pIo_odoapldnlt3 )~ ~/O~ ~ II!! Page 55 'I"~ ) W~;:;:;:::~;:;:'~;~%::::)~8:::8~;::::@~::~;:;:;::;:::;;;8~~:~;:mB*;:;:H~:~;:;:~::;;~~*%:B$:;:;~:;:::'~H:::::::$:;:;*,:n:K4:~;;;;::z~:m,.~~'*:t:::-=*.;:;.:;:;:::::i::-mAA;::~;;;.:m.:::::i;:.~:;:::..t:&'%:ms::::::r.$~mB;~,*..f:8m~:::: 2.1.1.3 Plant material selection is to emphasize the use of plant that are """\, relatively pest and disease resistant and require minimal maintenance. 2.1.1.4 Dense groves of trees shall not be located in turf areas. Grove features shall be in planting areas, with a 3" minimum layer of shredded mulch or wood chips as a ground cover. 2.1.1.5 Security and safety shall be a primary consideration in the development of the plant palette. All plantings along perimeter streets, parking lots and maintenance walkways shaH be selected to allow for visibility into the site. 2.1.1.6 All non-planted areas shall be covered with a layer of shredded mulch, wood chip product or decomposed granite to prevent erosion, control dust and allow for use of the area. The type of cover is to be determined based on intended use of the area. 2.1.1. 7 If the existing configuration or grading of the site creates moist or dry conditions, then the planting design and selection of plant types shall emulate these situations. 2.1.3 Drought Tolerant and/or Native Landscapes: Utilize drought tolerant and/or California native plant material in all planting area applications. This is in an effort to emphasize reduced water consumption and maintenance requirements. High water need or high maintenance planting designs are not to be developed unless the project program or site specific conditions make such a proposal justifiable. Verify with staff. """\, 2.2 Maintenance: 2.2.1 Site Maintenance: Landscaping shall be designed and plant material selected to allow for ease of maintenance throughout the park site. Specifically' 2.2.1.1 The planting design shall be designed in close coordination with the irrigation system design to assure that the coverage of the irrigation will not be affected or compromised upon completion of the installation, nor in the future when the plant material matures. 2.2.1.2 No shrub shaH be located within one-half of the mature spread of the plant to the nearest irrigation head or to the edge of any hardscape surface (Le. walkways, mow curbs, parking lots, etc.). 2.2.1.3 All trees located in lawn areas shaH be kept a minimum of 10' apart, and 15' away from adjacent hardscape or site furnishings to aHow for mowers to circulate between trees. 2.2.1.4 Trees and irrigation system designs shall be coordinated with one another to prevent having coverage shadows from either tree trunks or canopies. """\, . ~ :m..:;:w>>.;:::~:m:m:; ~lmh \We M:\bome\pialllliD&\1aDdscap\dl1lft3 lUt. 1 ~ /~-/PJf ;~~ Page 56 . . . m:m.mm~~.m::m.*-~m:mE.:m::. .' ,*-.... li.:; ~m^U*.U.l ~&'1~ 3. OPEN SPACE. 3.1 General: The City's open space maintenance districts are identified and budgeted for using a "Coding" system. The five (5) different codes are as follows: . Code 1: Ornamental and high maintenance landscape areas . Code 2: Lawn areas . Code 3: Irrigated and erosion control slopes . Code 4: Non-irrigated native or drought tolerant areas . Code 5: Undisturbed native habitat This Coding System is the basis on which the contracts in the Landscape Maintenance Districts are awarded and administered. With the growth of the City and the installation and subsequent "turnover" of open space acreage to the Parks & Recreation Department, effective management and use of both staff and resources is a high priority. To this end the Parks & Recreation Department, in conjunction with plant ecologists, biologists, and environmental planners, supports the concept of reestablishment of native plant communities in the City of Chula Vista open space areas. The revegetation and establishment of the indigenous native plant communities is beneficial to the wildlife, while providing many benefits for the City, the citizens and the environment. The City of Chula Vista is located in the coastal zone of Southern California. The existing coastal sage scrub and riparian habitat that occurs throughout the City is hoe to several endangered plant and wildlife species. A balance must be achieved to allow for planned development and habitat preservation. In addition to this condition is the static supply of imported water, and the minimal amount oflocal water supplies. A growing population and demand of water also adds to the pressures of this decision making process. A sensible approach must be developed to respond to this sensitive equation. The City is also responsible for establishing the Landscape Maintenance Assessment Districts that collects the fees to pay for the materials and maintenance of these areas, which, when landscaped and irrigated using typical plant material and irrigation, consumes precious natural resources and in turn requires a higher level of maintenance. In response to this situation, The City of Chula Vista is a proponent of utilizing the concept of native habitat revegetation. This provides numerous benefits, among which include: . The deletion of the need to provide long term irrigation to support the new installation The blending and integration of the newly installed landscape into existing, undisturbed areas The recreation of habitat for the indigenous and endangered plant and wildlife species that occur in this region The reduction in the cost of assessments and demand for contract maintenance personnel for extensive areas of open space within the City. The cost and energy savings realized by having native habitat. . . . . wpe ..,_..."""'aIIa-.....1I3 - afF~ : /k .:...~ _co PageS7 ~-' 7 /6 -ru...:J -1"1/ '), ' ,1' 3.2 Revel!etation Guidelines: ~$~::::~-:;:::::\@M:;::m:.:::~';:;:W;;:::;;;;;:~K::,-:;:.;;s;~@-m:::r:;;;:~%%m::::~i;::%m.g:::.t;;;mr@:?::.~i:;~ii.~:$s~W..Jjz:.~:.: .J.: ~~ ~l;~~~~W~~$r.;;:';:j;;1i -... 3.2.1 Drought Tolerant and/or Native Landscapes: Utilize drought tolerant and/or California Native plant material in all planting area applications in an effort to emphasize reduced water consumption and maintenance requirements. Native and Naturalized Plantings: The restoration of natural plant communities in areas that have been disturbed by site development is encouraged in transitional areas and in open space areas. These installations are to be designed such that minimal maintenance will be required and that irrigation systems mayor may not be installed. Plant material is to be selected to provide 'seamless" transitions from undisturbed areas to the restoration areas. These installations shall also to be designed to emulate a natural succession of plants that will provide an initial cover and surface stabilization, with a sequential establishment of long term and environmentally correct plant materials and communities for the specific location. Basic Components of a Revegetation Program: Shall include (but not be limited to): .1 Site Description: .2 Conceptual Proposal: Identifiable features of the site Model sites with native vegetation (same environmental conditions) Complete description of climatic conditions Description of topographic, geologic, and soil conditions Existing vegetation survey and diversity analysis (method utilized) along with photographs Description of changes generated from site grading -... Important principles, planning, implementation and maintenance to be observed by the project list of plants to be introduced Propagules of each species Schedule for all significant project activities Plans for any mid-course corrections Schedule and approach for project monitoring Estimate of project total cost(s) -... :* \We M:~c"f'IIIIUlia&\1aDdKap\dnft3 Hl.t )b-/tl6 ~ m Page 58 . . . * H*:~:,W~~H!:fl *J.!;l:;.::~U u:.:~.m;~;j%;_:.U!im.:m!j ~ .3 Technical Specifications: Detailed Schedules for activities Final Plant List Kinds of propagule for each plant species Means of seed collections and container plant production Procedures for any plant salvage Collection, storage, and re-application of top soil Introduction of beneficial microorganisms Methods of applying seed Methods of installing container or salvaged plants Methods of treating the soil surface Methods of caring for seeds and plants The following is provided for general information. A complete list shall be prepared by the project consultant for submittal and review by staff prior to proceeding with the development of the revegetation plan. The revegetation guideline provides a recommended standard for the design of projects that are within one of the following categories: . . . City maintained and/or owned open space properties Initial landscape installations of open space and park transition areas Open Space Landscape Maintenance Districts or Assessment Districts 4. STREETSCAPES.(MEDIANS& PARKWAYS) 4.1 General: . The street medians and parkways are important components of the overall landscape image for the City and its citizens. While the roadways provide safe and efficient circulation through the City, the streetscapes weave the landscape fabric into the overall vehicular interface throughout the City. Gateways at key entries signify the entrances into Chula Vista and are "anchors "for the beginning and exits for the City's circulation component. As identified in Section One, an overall Master Plan is required to be prepared for all new and renovation streetscape projects in the City. For new streets, this plan is to be prepared by the developer for review by staff. For street renovation projects, this plan shall be prepared by staff or by the consultant contracted for the project. The specific street types that will require landscape planning are as follows: . . . . Expressway Six Lane Prime Arterial Six Lane Major Four Lane Major ^.;:il ;.!i WPcw_...................p.....ft3 ~uWr /~ -/D 7 ~/-' / ~? Poge S9 ..... ' ' 1"'\" tv; I! " ~, /"~ ~ ""7- ~$:.s~t,*m::;:'*';itm;:;:;:;..~;:;:;;;:'::;:;:i:m:~~.:;:;:.mw-~;..:m::.@~;;;::.aW4.:.-*.::::~m;~ww.:.<?~ 1:;':;['"' *.Eti:$. liUm~~:;:''r@~;::>$':;;~: In addition to addressing the landscape issue, planning at this phase shall address the inclusion of trails or bike lanes as a component of the layout and the cross section, as per the City General Plan. See Section Six, "General Use and Recreation Trails" for specific information. """" 4.2 Specific: 4.2.1 Medians: 4.2.1.1 Street medians in the City of Chula Vista are required by ordinance to conform to the 60/40 ratio of hardscape to planting area. Within the medians the plant material is to be comprised of trees, shrubs and groundcovers. No turf is to be proposed or installed in center medians. 4.2.1.2 Specific plant material shall be as proposed in the master plan of the project. When developing the plant palette, consideration shall be given to the location of the project (i.e. bayfront, valley, riparian, mesa, inland, etc.). Plant selection should reinforce or emulate the climatic and locational aspects of each street segment. 4.2.1.3 Hardscape for the medians shall reinforce and be consistent with the theme or concept that is being proposed with the plant palette. Actual layout and relationship of landscape to hardscape can be flexible based on the location and proposed design concept. 4.2.2 Parkways: "'" 4.2.1.1 Parkways adjacent to the major roadways specified above shall reinforce the concept and image being created by the median design and plant palette. The minimum width of a parkway is 5', with a maximum width of 30'. When sufficient area is available or if a project planning document requires, a 10' wide recreational trail in a meandering layout shall be provided. This will provide for a sense of movement and create opportunities for the design of "drifts" or "masses" of plant material. 4.2.1.2 Specific plant material shall be as proposed in the master plan of the project. When developing the plant palette, consideration shall be given to the location of the project (i.e. bayfront, valley, riparian, mesa, inland, etc.). Plant selection should reinforce or emulate the climatic and locational aspects of each street segment. Turf can be proposed at intersections or in areas that merit the consideration of turf in relationship to adjacent projects. "'"'" jJti:t >. :::::*ll~, t:t wpe M:\bome\pJaIllliq\lliDdscap\dnh3 *:.m )t -)()$ ~ J,r':::::i% Page 60 . . . ~~WiiW. T ~t t ~:~jJ._'::.l* ~~ J.t mt:. ., ~~~~~~ Section Five Irrigation: 1. GENERAL. The City of Chula Vista is primarily serviced by two water agencies, the Sweetwater Authority and the Otay Water District. The Sweetwater Authority services the western portion of the city, and the Otay Water District services the eastern portion of the city. With the large scale development and construction occurring in the east, and Otay Water District being the purveyor, the design requirements relative to volume, for the City, are based on the Otay Water District allocation standards. The Parks and Recreation Department has the responsibility of reviewing the designs and plans for parks, open space, and streetscape, irrigation installations. One of the primary considerations is to aSsure that these irrigation systems will be able to meet the time constraints placed on the operation of these systems within the prescribed "windows of operation" or quantity of water available during the course of the year. Therefore, the design of irrigation systems for both parks, open space and streetscape areas is of extreme importance, for the efficient distribution of water to all landscaped areas and getting correct application of water to the subsurface depths for the specific plants being irrigated. The issue of preventing any surface runoff or waste of water in the process of operation of any and all systems is also a strict requirement. The Parks and Recreation Department has developed irrigation design criteria and a list of irrigation components that have been deemed acceptable for use on parks, open space and streetscape installations. The following design requirements address issues relative to the design and installation of irrigation systems. Refer to the Section One of the Landscape Manual for a detailed description of the City's requirements relating to irrigation water use and the water management plan. 2. IRRIGATION DESIGN. Any irrigation system that is in a park, open space or streetscape that is to be turned over to the City must be designed and installed to meet the following requirements: 2.1 P.O.C.: 2.1.1 All projects shall to be analyzed to determine the size of the water meter and pressure mainline relative to the scale of the irrigated area at the project site. Lt WPc..,-..Jo.......,.._pl,dnlt3 /(,.-/09 )~ /'tfJ ~ - /~~- c ,0':;) I' .:' Page 61 ~~~~~:.::;ml;,m:.:.:.,;,:;::m;m.~~~~:mK<:::~~-:mm;. ;.uU::3.}:::;::Um. ::&\2'''' ~, U1 ~*''* 2.1.2 The system must be able to apply the volume of water necessary to achieve the '"""\ ETo for the highest demand month within the following criteria: Parks: 8 hours per day, 4 days per week Open Space/Streetscape: 9 hours per day, 5 days per week for Code 1, 2, and 3 areas Streetscape: 9 hours per day, 5 days per week 2.1.3 The water meter and pressure mainline shall be sized to match the flow capacities of each, (i.e. 2" meter and 3" mainline, 1-112" meter and 2-112" mainline, etc.). 2.1.4 All systems shall be designed to operate at a water velocity not to exceed five (5) feet per second. 2.1.5 A reduced pressure backflow preventer is mandatory per code requirements. The installation is to include an expanded panel stainless steel enclosure set on a concrete pad. 2.1.6 A master valve shall be provided directly after the backflow preventer. See below for additional information. 2.1.7 Each POC shall have only one irrigation controller. Maximum amount of stations per controller is (40) stations. 2.1.8 All POC's shall be located in planting areas, NOT in lawn areas. '"""\ 2.1.9 Gate valve( s) shall be provided wherever pressure mainlines branch off in different directions and on mainline runs of 250' maximum. 2.2 Controllers: 2.1.1 All irrigation controllers shall be installed in stainless steel enclosures on concrete pads. See irrigation material list for manufacturer and Standard Drawing(s) 11 and 12 for installation. 2.1.2 Enclosures shall be installed at approved locations. Location to allow for observation of area serviced by controller. 2.1.3 A master controller and slave controllers can be installed, when more than one controller is required for a specific project installation. The master controller will provide for remote access to program all the controllers that are "hard wired" to the master. The access to program the controllers shall be through either radio or telephone. Verify with staff for correct components and feature requirements. 2.1.4 In remote locations, the enclosure can be a frontlback unit that allows for the installation of the electric meter for the controller. ""'\ WPCM:_..Ia_.............., )tf., ~/c9 J /6-//0 ~ Page 62 . . . l:m:m;:.w~ w.~~,:::m *" 2.1.5 Parks: Controllers to be located in maintenance building or approved location. Open Space: Controllers to be located at approved location, adjacent to P.O.C. Street Medians: Controllers to be located in parkway, adjacent to P.O.C. 2.3 Valves: Master Valve: 2.3.1 Each master valve shall be installed in a "jumbo" valve box. 2.3.2 Master valve shall be wired independently and have a separate station at the irrigation controller. The master valve shall be open only during periods when RCV's for the P.O.C. are programmed to be operating. 2.3.3 Master valve shall be located directly after the backflow preventer. Valve box to be located in a planting area. 2.3.4 The master valve can also function as a pressure reducing valve in conditions where the static PSI is greater than 75 PSI. Remote Control Valves: 2.3.5 Each remote control valve shall be installed in its own valve box. 2.3.6 Remote control valves shall be installed in a manifold. Each manifold is to be isolated by a gate valve. Remote control valves shall be installed with the largest valve and GPM flow installed first on the manifold, with smaller valves and capacities transitioning from there. The line size of the stub-off feeding the manifold shall be the same size as the mainline. 2.3.7 Remote control valves shall be located in planting areas only. Valve boxes shall be set parallel to each other, and perpendicular to adjacent paving or concrete curb. 2.3.8 All remote control valves should be set and installed in planting areas where possible. 2.3.9 Each remote control valve shall operate area(s) that are sequentially correct. i.e.: top of slope-initially , mid slope-next, bottom of slope-last higher elevations- initially, mid elevations - next, lower elevations-last 2.3.10 Maximum valve size is 2". Maximum design flow through valve is 80 GPM. 2.3.11 Heads that irrigate ballfield areas shall be on separate valves than adjacent areas. Quick Coupler: 2.3.12 Each quick coupler valve shall be installed in its own valve box. WPC w,-'IpIa__p\dnlt3 /6 -iL'CZ /'--//1 -/C-Y Page 63 o "j' ;;~O"'" W*..wi::t$B,*.m,*.;::;~;~:f:m:.:;:.~m~~~':;:::;:W~~d*';%;i;:m:::wE::[~::;:w.:~::.:::~::;:;:;~:~jt,:::;:~~ 2.3.13 Locate quick couplers at remote control valve manifolds, or at a maximum spacing of 200' O.c. """'" 2.3.14 All quick couplers shall be double lug, 1" size units with a swivel 2.3.15 All quick coupler valves shall be set and installed in planting areas or as directed. 2.3.16 All quick couplers shall should be isolated with its own ball valve. 2.3.17 Minimum line size supplying a quick coupler is 1-1/2". Gate Valves: 2.3.18 Each gate valve shall be installed in its own valve box. Gate valves to be used for line sizes of 2Y2' to 6". 2.3.19 Gate valve( s) shall be provided wherever pressure mainlines branch off in different directions and on mainline runs of 250' maximum. 2.3.20 All gate valves shall be full port design only. 2.3.21 All gate valves should be set and installed in planting areas where possible. Ball Valves: 2.3.22 Each ball valve shall be installed in its own valve box. Ball valves to be used for line sizes 1" to 2". """"' 2.3.23 Ball valves shall be used only on manifolded sub-mains or on lateral lines. 2.3.24 All ball valves shall be set and installed on level areas. 2.3.25 All ball valves should be set and installed in planting areas, where possible. 2.3.26 All ball valves shall be full port design only. 2.4 Irrieation Heads: 2.4.1 Every irrigation head, regardless of change in elevation, shall have an integral or in-line check valve as a component of the head installation. 2.4.2 All turf heads shall be pop-up heads. Spray heads to be 4" or 6", depending on turf type and mow height. Stream rotors shall have a 4" minimum pop-up height. 2.4.3 All turf stream rotors shall have stainless steel risers. 2.4.4 All shrub heads at top and toe of slope shall be pop-up heads. Also any heads to be deemed in a "accessible area" or prone to vandalism, as determined by staff shall be pop-up heads. ""'" H*. '. .M!;': )r:;:mf.f!J.:.t:;:H':::'::::..m:mmw..$:~.:m~. :.: t~~ wpe M:\Iaome\plaIllliDJ\laaclscl.p\draft3 m;,,*. ~" -//L Ul.~r$: Page 64 . . . ~:::::.:OO::l&::.:::::~~.:m.~.Mu.:.:%:;; v -* ;jM, =*~W ,~.:J:;;.*ll~ 2.4.5 All heads directly adjacent to any walk, curb, parking area, or pedestrian accessible area shall be a pop-up head. 2.4.6 All heads are to have a "shut-off' valve integral with the swing joint assembly. 2.4.7 All irrigation heads are to have an anti-theft device integral with the swing joint assembly 2.5 Trenchin!!: 2.5.1 No shared use of trenches will be allowed between various trades and for incompatible uses. Potable water lines for drinking fountains shall be in a designated trench. Electrical conduit shall be in a designated trench. Pressure mainline and lateral lines will only be allowed in the same trench when a minimum trench width IS" is provided. 2.5.2 No pipes are to be installed directly over one another. A minimum of 6" horizontal shall be provided between parallel lateral lines to allow for accessing all pipes. 2.5.3 Sand bedding is required for all pressure mainline. 2.5.4 Detectable warning tape is required for all pressure mainline. 2.6 Pioin!!: 2.6.1 All pressure mainline for pipe 1-1/2" or smaller shall be Sch. 40 PVC. All pressure mainline for pipe 2" - 3" shall be CI. 315 PVC. All pressure mainline for pipe 4" - 6" shall be CI. 315 PVC, AWWA rated, bell gasket type pipe, with Sch. SO or cast iron fittings. 2.6.2 All lateral non-pressure pipe shall be sch. 40 PVC. 2.6.3 All end runs, regardless of head type shall be 3/4" line size minimum, I" if the head inlet is I". 2.6.4 Lateral lines on slopes are to be laid parallel to the slope contours. 2.6.5 No on-grade piping is allowed. 2.7 Wirin!!: 2.7.1 A minimum of two (2) spare wires control wires shall be run along each mainline branch to the furthest valve manifold. Bundle and tape 10' of additional wire and install in a pull box adjacent to the valve manifold. 2.7.2 Control wires runs under paving shall be installed in Sch. 40 PVC. See wire schedule for size of sleeve per quantity of wire. 2.7.3 All control wires shall be color coded. Submit a proposed color coding schedule. J tk -49 - ~ (" d>-:: ',") 'll; .' (.I , WPC ",,_.lploaoiD&\la_pldnol13 Page 65 ~*m-:;:t:~~~:;:~:~~:;:;::;:;';:1~:;;;;;:;m:~S:::-i;:l:~::;:;:;:*:;:,::;:;;;,:;:*~::;-':?':~:::::::;:::r#~';:1:mu.w:$.t$.~r:::.:..<:?J:;;;:;~%f:;:;:::r@;:;m:$*~;::'~:::':;:r':::':;:;'.~m:.m::~%m:;;*-mm"Wr.f.:Wh:;;$:::;:;!;:.f::;;;; 2.7.4 No splices will be allowed on runs ofless than 500'. On runs of greater than 500', """'\ splices are to be made with an approved splice unit, and to be installed in a concrete pull box. Identify on Irrigation Plans were splices and boxes are required. 2.8 Miscellaneous: Booster Pumps: 2.8.1 A booster pump will be required to be provided when the static PSI available at the POC does not provide sufficient pressure at the furthest head to effectively operate that station. 2.8.2 The pump and all related equipment are to be installed in a protected enclosure on a concrete pad. 2.8.3 Location and access to the equipment will be as determined by staff. 2.8.4 Booster pump to be located directly after the backflow preventer and before the master valve. ""'" m ~& ~j ~l:l:.:.:m. . Ul~~ ,U.:;;,wmmf ,~ WPC M:\Iaome'l'b1Il1li1lJ\laadlclp\dnft.1 I/~ ~b - b::) ~ -. Ht*.Jm: . m:m:.~ Page 66 . . .' .m:m.llm.w'~~:mr~~ u.u~ ml Ul U.::::..:.: Section Six Trails: General use and Recreation Trails 1, GENERAL As identified in the City General Plan, the identification of trails is to be considered in all projects, is to be considered, Trails shall be included to provide connections from parks, schools and public facilities to each other, in ad~tion to accessing city open space areas and trails, Trails provide for the use of alternative modes of transportation, as well as recreational activities. Two types of trails are used within the city and open space areas, They are the "General Use Trail" and the "Recreation Trail". This section addresses the two (2) types of trails to be considered, in addition to the design requirements and cOnstruction detailing. 2, TRAIL TYPES, 2.1 General Use Trail: A general use trail is a trail that is synonymous with pedestrian sidewalk, with the main differences being the size and detailing, A general use trail shall conform to the CalTrans "Bikeway Planning and Design Criteria" (7-1000) design standards and to be constructed as follows: 2,1.1 A minimum of 10' wide x 4" thick, concrete with #8 wire mesh throughout, minimum. Trail shall be constructed on compacted subgrade and designed to be accessible for physically disabled individuals. 2.1.2 A post and rail fence shall be provided along the side of the trail when a down slope condition higher than 5' exists within 5' adjacent to either side of the trail. 2.1.3 A minimum overhead clearance of 12'-0" shall be provided and maintained. 2.2 Recreational Trail: A Recreation trail is a trail that is more rural in character and material. A recreation trail shall conform to the Caltrans "Bikeway Planning and Design Criteria" (7-1000) design standards and to be constructed as follows: 2.1.1 Trails shall be constructed with decomposed granite (dg.), 6" thick, minimum and may be contained on the edges with either a redwood header or a concrete mow curb. 2.1.2 A post and rail fence shall be provided along the side of the trail when a slope condition higher than 5' exists within 5' adjacent to either side of the trail. /1'5 /J,'~ - ?P-F- -/' Iii ," . ,.~~ t WPcw,_\1>III_......pldnh3 Page 67 ~.:oo8>'*"':::>':8~:>.::;:~J.:>.::r.r=*:$.;~:r.~;::::t$!:::;:'ffi:;r,$$;%:::m:::;:;;::t;>.:t:;:::;:::::,~::::*\:::W~'t~~~~$.w..,:;.:;:-,:m;.~~':::$W;:N:;:-B:;:t8::;:;;;:K~S?~:mm:..m3~@~:m;$;>.%~! 2.1.3 A minimum overhead clearance of 12'-0" shall be provided and maintained. 1 ~ ~ .m:.,~~:$.U::;U:: ':!ii:( WPC M:\bcae'91aIllliD&\laladlcap\draft3 J b -/If ~ m@*:,:l~ Page 68 . Wi. m:::'v.:-:. "". ms* . ~.J;::.il~.U' i.:iS L~ijU. L~ Appendix "A" Recommended Plant Palette Botanical Name Common Name TREES: . Acacia baileyana Aesculus californica A1bizia julibrissen AInus rhombifolia Araucaria heterophyUa Arbutus unedo Bauhinia variegata Brachychiton populneus Callistemon viminalis Calocedrus decurrens Cassia leptophylla Cedrus atlantica 'Glauca' Cedrus deodora Ceratonia siliqua Cercidium floridum Cercis occidentalis Cinnamomum camphora Cupaniopsis anacardioides Cupressus: forbesii sempervirens stephensonii Erythrina coralloides Eucalyptus: citriodora ficifolia lehmannii nicholii polyanthemos rudis sideroxylon 'Rosea' Feijoa sellowiana Ficus rubigioosa Fraxinus oxycarpa 'Raywood' Geijera parviflora Hymenosporum flavum Jacaranda acutifolia Juglans californica Koelreuteria: bipinnata paniculata Ligustrum lucidum Liquidambar styraciflua Lithocarpus densiflora Bailey's Acacia California Buckeye Silk Tree White Alder Norfolk Island Pine Strawberry Tree Purple Orchid Tree Bottle Tree Weeping Bottlebrush Incense Cedar Gold Medallion Tree Atlas Cedar Deodar Cedar Carob Tree Blue Palo Verde Western Red Bud Camphor Tree Carrotwood . Tecate Cypress Italian Cypress Cuyamaca Cypress Naked Coral Tree Lemon-Scented Gum Red-Flowering Gum Bushy Yate Nichol's Willow-Leafed Peppermint Silver Dollar Gum Desert Gum Red Ironbark Pineapple Guava Rustyleaf Fig Raywood Ash Australian Willow Sweetshade Jacaranda California Walnut Chinese Flame Tree Goldenrain Tree Glossy Privet Sweet Gum Tan-Oak wpe w,-.\pIoomiqlla_pIAroft3 117 ) &' -ttt,~ Page 69 4 )0 . ~:m$*t.:;;:';::$;g::~*t~'%l:t-$W::gmmt:f.t':::ffi'~*~~*$.'r~~.;if~..g: Botanical Name Lyonothamnus floribundus 'asplenifolius' Magnolia grandiflora Melaleuca: linarifolia quinquenervia Metrosideros excelsus Olea europaea 'Fruitless' Parkinsonia aculeata Pinus: canariensis halepensis pinea torreyana Pittosporum: rhombifolium undulatum Platanus: acerifolia racemosa Podocarpus gracilior Populus fremontii Prunus: cerasifera 'Krauter Vesuvius' lyonii Psidium littorale Pyrus: calleryana'Bradford' kawakamii Quercus: agrifolia chrysolepis engelmannii ilex suber tomentella Salix: gooddingii hindsiana lasiolepis Sambucus mexicana Schinus molle Sequoia sempervirens Tabebuia chrysotricha Tipuana tipu Tristania conferta Umbellularia californica ::;m:.' .' Common Name il ~*,ll ~,~ Fernleaf Catalina Ironwood Southern Magnolia Flaxleaf Paperbark Cajeput Tree New Zealand Christmas Tree Olive Mexican Palo Verde Canary Island Pine A1eppo Pine Italian Stone Pine Torrey Pine Queensland Pittosporum Victorian Box London Plane Tree California Sycamore Fern Pine Fremont Cottonwood Purple Leaf Plum Catalina Cherry Strawberry Guava Ornamental Pear Evergreen Pear Coast Uve Oak Canyon Live Oak Engelman Oak Holly Oak Cork Oak Island Oak Black Willow Sandbar Willow Arroyo Willow Mexican Elderberry California Pepper Coast Redwood Golden Trumpet'Tree Tipu Tree Brisbane Box California Laurel .!:::......-. . ;~ ,~~.*.u.: ~:m. WPC M,\bameIpla_DdKapldnofl3 /6 -;I/r;? ~ ',~-r.@::::-::;g:: ~ ~ """" iI Page 70 . <<.:-:~~$W&.~~~ * ;;::nUlt:::'Ul~l~~* :~;;:~~$.: Botanical Name Common Name PALMS: Archontophoenix cunninghamiana King Palm Arecastrum romanzoffianum Queen Palm Beaucarnea recuIVata Bottle Palm Brahea armata Mexican Blue Palm Brahea edulis Guadalupe Palm Butia capitata Pindo Palm Chamaerops humilus Mediterranean Fan Palm Cycas revoluta Sago Palm Dracena draco Dragon Tree Jubaea chilensis Chilean Wine Palm Livistona chinensis Chinese Fountain Palm Phoenix: canariensis Canary Island Date Palm dactylifera Date Palm reclinata Senegal Date Palm roebellenii Pygmy Date Palm Trachycarpus fortuneii Windmill Fan Palm Washingtonia: filifera California Fan Palm robusta Mexican Fan Palm . SHRUBS: Abelia grandiflora Glossy Abelia Acacia: cultriformis Knife Acacia longifolia Sydney Golden Wattle redolens Prostrate Acacia AIyogyne huegelii Blue Hibiscus Arbutus unedo 'Compacta' Dwarf Strawberry Tree Archtostaphylos species Manzanita Artemisia californica Coastal Sagebrush Baccharis species Coyote Brush Bougainvillea species Bougainvillea Buxus microphylla japonica Japanese Boxwood Ca1Iiandra haematocephala Pink Powder Puff Ca1Iistemon citrinus Lemon Scented BottIebrush Carissa grandiflora Natal Plum Ceanothus species Wild Lilac Cercocarpus betuloides Mountain Mahogany Cistus species Rockrose Cneoridium dumosum Bushrue Cocculus laurifolius Snail Plant Comarostaphylis diversifolia Summer Holly Convolvulus cneorum Bush Morning Glory Coprosma species Mirror Plant Cotoneaster species Cotoneaster . Dendromecon species Bush Poppy Dietes vegeta Fortnight Lily Dodonaea viscosa Hopseed Bush Echium fastuosum Pride of Madeira Encelia californica Coast Sunflower .a, ;,L/ ii(~j / .,. 4Y 1" ' WPC Y,_.loaoUoa\la.....,.....f13 - /I~. Page 71 ;- , , Botanical Name .~w::~t:::::::r.r@$:t:;::..:::;:;~;;:::m;:::..:::'m':$m:::~lli:~.J.:o/~*m::r,~~~&%.lJl' =:W:$.:$:Z.:::t}:.::t~:~J::..::i~Jl:... .:J;'~~~j.@*ri;:,..~W$~:% ~ Eriogonum species Escallonia species Euryops pectinatus Fremontodendron species GaIvizia speciosa 'Firecracker' Garrya elliptica 'James Roof Grevillea species Grewia occidentalis Heteromeles arbutifolia lsomeris arborea Iva hayesiana Juniperus species Lavatera assurgentiflora Lantana species Laurus nobilis Lavandula species Leptospermum species Ligustrum species Mahonia species Melaleuca nesophila Myrica californica Nandina domestica Nolina species Photinia species Pittosporum species Prunus ilicifolia Raphiolepis species Rhamnus species Rhus species Ribes species Rosmarinus species Santolina species Simmonsia chinensis Sollya heterophylla Trichostema lanatum Viburnum species Xylosma congestum Zauschneria species SUCCULENTS: Agave: americana attenuata Aloe species Crassula species Dudleya species Echeveria species Ferocactus viridescens Haworthia species Lampranthus species Sedum species .I ill ,~. wpe .,olbom.lpb.......\Jaadoaopldnol13 Common Name Buckwheat Escallonia Euryops Flannel Bush Island Bush Snapdragon Coast Silktassel Grevillea Lavender Starflower Toyon Bladderpod Poverty Weed Juniper Tree Mallow Lantana Sweet Bay Lavender New Zealand Tea Tree Privet Mahonia Pink Melaleuca Pacific Wax Myrtle Heavenly Bamboo Nolina Photinia Pittosporum Hollyleaf Cherry India Hawthorn Coffeeberry Sumac Currant Rosemary Santolina Jojoba Australian Bluebell Creeper W ooly Blue Curls Viburnum Xylosma California Fuchsia Century Plant NCN Aloe Jade Plant Dudleya Hen and Chicks Coast Barrel Cactus Haworthia Ice Plant Stonecrop /1-' ~.I/ 9- /~O ~ ~ ""'" , ""'\ 1:1t;,....} Page 72 e . . ~~;::~$~~"':;:;:~;. .:.:.:::.m;W.m~ll%. Botanical Name PERENNIALS: Agapanthus africanus Begonia semperflorens Bergenia species Hemerocallis species Heuchera species Hunnemannia fumariifolia Kniphofia uvaria Umonium perezii Lobelia species Mimulus species Pelargonium species Phormium species Romneya coulteri Salvia species Senecio species Strelitzia species Yucca species VINES. Beaumontia grandiflora Bougainvillea species Cissus species Clytostoma callistegioides Combretum fruticosum Distictis species Ficus pumila Gelsemium sempervirens Hardenbergia violacea Hibbertia scandens Jasminum species Lonicera species Macfadyena unguis-cati Mandevilla 'Alice Du Pont' Pandorea pandorana Parthenocissus tricuspidata Passiflora species Pyrostegia venusta Rhoicissus capensis Solandra maxima Stephanotisfloribunda Tetrastigma voinieranum Thunbergia species Trachelospermum species Wisteria species GROUNDCOVERS: ***~ Common Name lily-of-the-Nile Begonia Bergenia Daylily Coral Bells Mexican Tulip Poppy Red-Hot Poker Sea Lavender Lobelia Monkeyflower Geranium New Zealand Flax Matilija Poppy Sage Dusty Miller Bird-of-Paradise Yucca Easter lily Vine Bougainvillea Cissus Violet Trumpet Vine NCN Trumpet Vine Creeping Fig Carolina Jessimine lilac Vine Guinea Gold Vine Jasmine Honeysuckle Cat's Claw Mandevil1a Wonga-Wonga Vine Boston Ivy Passion Vine Flame Vine Evergreen Grape Cup-of-Gold- Vine Madagascar Jasmine Tetrastigma Thunbergia Jasmine Wisteria ;.U;l;.:-.:m. JJJl :;::: Groundcover plants are identified in either the shrub, perennial or annual section listed above. WPc..,_"..........._p....lt3 /i.-/.2./ 4 [~t! -,..4' )' Page 73 r t~ ^ v ORDINANCE NO. ,,) /, /? AN ORDINANCE OF THE CITY OF CHULA VISTA 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 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 repeal 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 hMrlng on said revised Landscape Manual and associated amendments to the Municipal 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 /~If"/ ".,.i /, t 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 Chula Vista does hereby fmd, determine and ordain as follows: SECTION I: That 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 17 10.050 of the Chula Vista Municipal Code is amended to read as follows: 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 all or a portion of such land for neighborhood or community park purposes to the satisfaction of the Director of Parks and Recreation 8fl~ the Parl,s ana Reereatiea CSBUliissies is aeeefEianee -.vitk the fellewiBg eriteria. In...~~!i~~~Ij:t~!m:_~~_I!_~ljt~!~g'i~. l~t_ill_~i~il_lllf~m~j~Wml9'IBt~~~~~ A. Pa!'Idllflas are ta he gfllaea BnI~!/~ in accordance with 8 plBB ,':aiea :::_\~~~1ii~i~i~\.;:1..ii;_;~;~;~. B. ".11 skeet ilRpravemeBts saiHI he iBstallea. .gylP~.I~Ug!M~~i II ..............?!j)fl!.i'!!!!i~:.~~~;. ~;; ..',..fi'!lt~~t~B~i~pI~; ~i..~g!9t~!!IinP@; fl';~I~!!il!ll\i ~;"::B!!Iil..il.i ~ i;;._Ulig!_!~I~i~;;lII1i;_i;.i~l{ f:\homc\planning\ 1490. 93 /6,4 ..~ Page 2 $; .ii.......~M~#qS~i~9Pi:!i!XB. ~; ..........i~,!ij!~teg~~f~w1Y Uli .I...inanms............~. !!.ra.llrll[lr_;llr~i_I_~ be.. .iliillli1..... ....leiL.. ... .................. .... ..... "H , ." _'," . ". .............,'........,'.',.........,.'........,'....... ll;.~.'I~~;.~:p~g!l:llt~!I:..~[t\.iI~~t~~Il~~~; .g; .....:............wne............. ~g.I'.#..~. :.~......... _~fI~9.:tniil!'~.~~Iq.!I'~iqII'9r llil1 II. .. .... ;I .........!!.......9......R~~1;. I! .:.......~F_~IIf.'~1I~y;!lq...rl~y;m6jR~pl~; b; ....:i....It,:l#~~lti_m~~...I~'l~pt9YJ~~t\~ye5'......?,~99 ~9pl~, ~; ......i..../g~..~j#g!!l9~I~!!...~m9'ii~...iI~IY...?i~qP!WP1~; it.. ..........i...Qll#i~li~!g.lP!iml4~~.rl~~~P#~~:..~qp!~; C. All utilities shall be extended to the property line. D. ~A..n aatsmatie iffigatieB system sHall 13e iRsHillea. E. THff shall !le iH~Hlllea. F. Lanasea]3iag, iBel1:lsiBg !fees, slL~s ana etfier plant' material, skall Be ]31antea iB aeesraanee "dEli the City's L8Iisse8f3e ~fanaal. G. /'" eeaerete ..va.J.l(7.~' system skall he iBstallea. H. Parle HnftlfeS, saeR as sigBage, taBles, heRekes, tfash. ree~meles, drifllaRg fetlffi8iHS ana !like Plltlks, sftllH !le ifl5ftlllea. I. .~.. 8Fainage system shall Be iRstalles, if Beeessary. J. Pl~' areas, -sitli etttHlllBeftt fer illS seBeelers ana I'rimary seBesl age ehil8feB Mall !le inMellea. K. SeelH'ity IigkftRg Hllues shell be l'reviaea. L. Ofte pienie shelter shell he "revises fer e";ery 1,QQQ l'esfJle. 11. ORe termis eewt shall he J3f8"lissa far e-,ery 2,909 I'SSllle. f:\home\planning\ 1490.93 /J/I'J Page 3 }-I. Oae easeBall.'sdhll Heltl saall Be J3Fe',iEleEl fer eyeFY 5,99B J3eeJ3le. O. ORe a:ndti fJHfJ38se es1::iR far easkethaU eewt \'elley-l3all, ana eaElmiBteB shaH Be iastilllea J'fe~;iaea fer e"/ery 5,999 pesf31e. P. ORe saeeer Held shall Be e8~etea fer every IQ,QQQ J1esple. D 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 Elfessiag ~~~. rooms, will Be eeastflleteEl .~~:mqy!~ for every 20,000 ~2; One community center and gymnasium, ~~4~Qli!j\4_~~~WA; will Be eeastflleteEl shall be provided for every :i4,tJ<j() peol'le~ .. .. .. &$; One lighted softball field shall be Ele',eleJ3ea P!'.pi{\~ for every 5,000 people. ...................... +,jf; A restroo~g~~.F facility saRli Be eeasiFaetea 8~~~~~~S !9~qlill9~~!l!f#P~n'!i;~$J~ in t!'iefY" ~ community park anEl ffiay eel" esastmeted iB Belgk~e.t4t88ii parks. .p. ... 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 10tsWlth five or more stalls and graded slopes. SECTION IV: That Section 1914.486 of the Chula Vista Municipal Code is amended to read as follows: 19.14.486 Landscape plan approval-Application-Accompanying documents-Fee~ ;0;......'" ~,~, !; Application~ for landscape plan approval shall be made to the eeetef ef J31an.-Hag.!lM1J!i_i\!i~ and shall be accompanied by the drawings and information prescribeclby tI1eiiiiiclscapemanual. Each application shall also be accompanied by the Required Filing Fee(s). /~/I'" 'I f:\Jlome\planning\ 1490. 93 Page 4 $J~~j SECTION V: That Section 1914030 of the Chula Vista Municipal Code is amended to read as follows: 19.14.030 Zoning administrator-Actions authorized without public hearing. 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: 1 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 shall not be granted unless the Zoning Administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence f:\home\planning\1490.93 Jt. ~ '..5' Page 5 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 19.14.120 and 19.14.130, 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 ~~8ft e=o~~:~c::~!~:!!'~!f;!P;~~:~al .t_f"'~i; 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. /{,1'9 -& Page 6 .P I' f:\home\planning\ 1490. 93 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 Approved as to from ~ 1) Robert A. Leiter Director of Planning ruce M. Boogaard City Attorney /~/I. 7 f:\home\planning\ 1490. 93 Page 7 RESOLUTION NO. /773/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPI'ING THE REVISED LANDSCAPE MANUAL OF THE CITY OF CHULA VISTA, SUPERSEDING THE STATE MODEL CODE, AND REPEALING COUNCIL POLICY NUMBER 476-04 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 and associated amendments to the Municipal Code which would implement the water conservation measures called for by AB 325, to include specifications and requirements unique to Public Works projects, and which would also update the Manual to current practices from it's 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, a representative of the State Department of Water Resources has reviewed the Landscape Manual and concluded that it's provisions incorporate all matters required by the Model Code (now in effect by operation of law); 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 Planning Commission voted 6-0 to recommend that the City Council approve the revised Manual and companion amendments of the Municipal Code and repeal Council Policy #476-04 in accordance with Resolution PCM-94-20/PCA-94-02; and WHEREAS, the City Clerk set the time and place for a hearing on said amendments 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 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; and IJ lJ - / Resolution No Page 2 WHEREAS, SANDAG, serving as the Regional Growth Management Strategy (RGMS) Review Board, has prepared a RGMS which includes a self-certification process to ensure consistency between the strategy's recommended actions and relevant plans, policies and ordinances of local jurisdictions; and WHEREAS, the RGMS calls for water reclamation and water efficient ordinances, or equivalent, to be adopted by local jurisdictions for "all new construction" (other than single family); and WHEREAS, the City of Chula Vista has completed a Consistency Checklist and has found the Revised Chula Vista Landscape Manual to be consistent in meeting the intent of AB 325, and in achieving the Quality of Life Standards and Objectives contained in the RGMS. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find that the revised Landscape Manual contains provisions for water reclamation and efficiency measures, and that adoption of the Revised Landscaped Manual and associated amendments to the Municipal Code will bring the City into conformance with AB 325 and the Regional Growth Management Strategy, and is consistent with the City of Chula Vista General Plan. BE IT FURTHER RESOLVED that the City Council does hereby approve the revised Landscape Manual on file in the City Clerk's office, Document Number BE IT FURTHER RESOLVED that the Zoning Administrator is given the authority to approve periodic adjustments to plant material lists in the Landscape Manual. BE IT FURTHER RESOLVED that the revised Landscape Manual, as amended, shall supersede the current Landscape Manual and the State Model Code, and shall become effective when the companion ordinance changes become effective. BE IT FURTHER RESOLVED that City Council Policy No. 476-04 is hereby repealed, effective when the companion ordinance changes become effective. Presented by Approved as to form by J SJ Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney WPC F:\HOMEIPLANNlNG\1484.93 Itp'.2 COUNCIL AGENDA STATEMENT Item J 7 Meeting Date 11/22/94 ITEM TITLE: Public Hearing on Adoption of the Salt Creek Basin Gravity Sewer Analysis and Establishment of the Salt Creek Sewer Basin Development Impact Fee Ordinance ..z q /7Establishing the Salt Creek Sewer Basin Development Impact Fee to Pay for Sewer Improvements within the Salt Creek Sewer Basin SUBMITTED BY: Director of Public Works~ REVlEWED BV, Ctiy -.."Jj b ~ (41S.. v..., V~-"..xJ 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 facilities. Based on the Analysis, a Development Impact Fee of $284 per Equivalent Dwelling Unit (EDU) should be established to pay for these facilities. RECOMMENDATION: That Council conduct the public hearing, place the Ordinance on the fIrst reading, and authorize the Mayor to sign the attached letter to the San Diego County Board of Supervisors. BOARDS/COMMISSIONS RECOMMENDATION: 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 fInance 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 )7~1 Page 2, Item 17 Meeting Date 11/22/94 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 Salt 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. 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 Sewer/Prison 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 fInanced 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, and a separate cost per EDU was calculated for each J?"'~ Page 3, Item 17 Meeting Date 11/22/94 property. Method Three utilized the projected flows that would contribute to each reach of the interceptor. A cost per BDU per reach was calculated by dividing the total number of BDUs 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 BDU 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 BDU, based on a total of 28,737 BDUs discharging to the interceptor and a total cost of $8,170,678 including contingencies. This rate was based on the assumption that an BDU is equivalent to the discharge from a single family residence or 250 gallons per day (gpd). This flow rate per BDU was used for fee purposes in order to be consistent with the Telegraph Canyon Sewer Pumped Flows DlF. 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 BDU. 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 BastLake 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 BastLake 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 BastLake 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. /7...J Page 4, Item /7 Meeting Date 11/22/94 An Initial Study application was med 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. 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, 1994J01of SMNf.Je~ Exhibit 3. Negative Declaration IS 94-24 Exhibit 4. Minutes of Regular Meetings of the City Council, March 8 and March 15, 1994 Nflr CC"'N"~D Exhibit 5. Ordinance No. 2582: Telegraph Canyon Pumped Flows Development Impact Fee " . BVH/ST -003 (M:Ib'"""....~/ogendal_..13) /7',/ ORDINANCE NO. c2/,/'} AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE SALT CREEK SEWER BASIN DEVELOPMENT IMP ACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS 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 Basinsnwhich 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, ,.- /7.,j WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-94-24, of potential environmental impact associated with the proposed Project and has concluded that there would be no significant environmental impacts, and recommends adoption of the Negative Declaration issued on IS-94-24; and, WHEREAS, on November 22, 1994 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek and Otay Lake Basins in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Environmental Review That the Project will have no significant environmental impacts, and the City Council of the City of Chula Vista hereby adopts the Negative Declaration issued on IS-94-24. SECTION 2. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk as Document No. , and on file in the Office of the City Engineer. SECTION 3. "Facilities" . The facilities which are the subject matter of the fee herein established are fully described in the Report at page 10, Table 5 thereof, and the locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list (M:home\engineer\agenda \sa1t.dif) Salt Creek Basin DIP Page 2 J?-t, SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. 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. 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. 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". 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. 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. 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. Time to Determine Amount Due; Advance Payment Prohibited. (M:bome\eogineer\agenda\sa1t.dit) Salt Creek Basin DIP Page 3 /7-7 The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction and/or fmancing (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 fmancing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule The Fee shall be calculated at the rate of $284 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: "C. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No._ , but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit "A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDU. The Fee shall be calculated at the rate of $284 per EDU, which rate shall be (M:home\eogineer\agenda\salt.dit) Salt Creek Basin DIP Page 4 l'l-Y 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, fmancing 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. (M:homo\eogineer\agenda\salt. dif) Salt Creek Basin DIP Page 5 /7-1 SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of issuance of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. SECTION 14. Fee Additional to other Fees and Charges. The Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the (M:home\engineer\agenda\sak.dit) Salt Creek Basin DIF Page 6 J?-/P 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: (1) 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) (2) (3) (4) (5) (6) (M:home\engmeer\agenda\salt.dif) Developer shall prepare all plans and specifications and submit same to the City for approval; Developer shall secure and dedicate any right-of-way required for the Work; Developer shall secure all required permits and environmental clearances necessary for construction of the project; Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; Developer shall pay all City fees and costs. The City shall be held harmless and indemnified, and upon Salt Creek. Basin DIP Page 7 17-// (M:home\eogineer\agenda\sa1t.dif) (7) (8) (9) (10) (11) (12) (13) demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. The developer shall advance all necessary funds to design and construct the project. 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. 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 [mal determination by the Director of Public Works upon completion of the Public Facility Project. 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. 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. 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. 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 Salt Creek: Basin DIF Page 8 J 7"/ ~ 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 (M:home\cngineer\agenda\salt.dif) Salt Creek Buin DIP Page 9 J?,'/J equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Basin Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 54995 after the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. (M:home\eogineer\agenda\salt.dif) Salt Creek Basin DIP Page 10 J7~Jf 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 NOr ;,,udl/J() tf:D B. EDU Conversion Factors For Financial Analysis November 14, 1994 (M: home\eagineer\agenda\salt.dif) Salt Creek Basin DIP Page 11 17--J/ EXHIBIT B EDU CONVERSION FACTORS FOR FINANCIAL ANALYSIS Land Use Sewage Flow Rate EDU Factor Residential - SFD 250 gpd/DU 1.00/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 1.00/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 EDU/acre (M:home\engineer\agenda \salt.dif) Sak Creek Basin DIP Page 12 /7-1 ? . . . ,/;t:, /? OFFICE OF THE MAYOR TIM NADER ~\It- ~-- ~~~-~ -0:- em OF CHUlA VISTA November 24, 1994 File Number ST-003 Honorable Pam Slater, Chairwoman Board of Supervisors County of San Diego 1600 Pacific Highway San Diego CA 92101 Dear Chairwoman Slater: SUBJECT: Development Impact Fee for the Salt Creek Sewer System Chula Vista City Council has placed an Ordinance on the first reading providing for the collection of Development Impact Fees for the Salt Creek Sewer Basin. These fees are intended to cover the cost of providing a sewer system to serve land being ~eloped in the southeastern portion of the City of Chula Vista and adjacent unincorporated County territory. The area of development is generally known as the Salt Creek Basin, and includes portions of land which drain by gravity into the Upper and Lower Otay Lakes, as well as into Salt Creek. These areas are shown on the attached exhibit. Some of the areas which may be served by this sewer system are located within unincorporated territory. Because of this potential for service by the proposed sewer facilities when the properties are developed, sewer capacity for them has been included in the planned system. Fees associated with this provision of capacity have been tentatively included in the plan for financing the facilities. Collection of those fees would be accomplished by the County. Consequently, we believe that it is necessary to enter into an agreement between the County and City in which the terms and conditions associated with the use of the sewer system by County properties is spelled out. It is therefore requested that your Board direct County staff to cooperate with ChuIa Vista staff in the preparation of an agreement providing for the joint use of this sewer system and fmancing its construction through the collection of Development Impact Fees. Please contact Elizabeth Chopp, Civil Engineer, at 691-5258 if you have any questions. TIM NADER MAYOR :: Griay, Ou- ofPublk w;:;; of;; ~;7 /1 7-18 ") .1 ' .)J/ EXHIBIT 1 .. "'?- . . !'; {r . ," ~ . .. '~ . ~..t ., .,~ -, . , ...... . ..... . \., ,'<, . ." .. ..... . "..',. . '. /, '. ',. ", 'T' . _", ~ ..... .......~. '. , .:.." ,"; .,., It .., '_I -.... . . ~ ;. ;l.:.... "\"J' ,.~'.~'r;;:.:~~. ..~ ~~~: "" ~ :1, :," .,'.!,!. ,', ~ .....' ......,' '\ 1 -. '. ". ,~Y"t 0.. .." . . I I ..;.... 'I.~' ..."....". 0' . " ~ ""......~'( ,.. .. i;'t'., 0' ~~. .... ~ ~. . .,.<t.,;;.,~.. I.fGEND '. .. ,. '. ! '. . :.!] ~nr.~.-- ". I" . ,0' r . tJ I " \ IN. ..' '.~ ';:;". i '. M '.'~ " . I. ....... ..... MS." .... .rnJtCP'nNI .. ..... __ AlII aliI ""'Mf ~ ......., .... -- -- IIltO.1ZeT !l.'ITLE DUn nl A. STEVENS ~':.I FEBRUARY 25, 1994 SALT CREEK BASIN BENEm FEE AREA ~ J7~Fl /7- J.Z . . . 4820682 EXPRESS SECRETARIAL ~Xfl' 13 rr ;;.. 589 P02 OCT 12 '94 19:56 MINUTES OF A SCHEDULED REGULAll MEETING Resource CoIIIervation CommIaion CIa1Ia VJIta, CaIif'omia 6:30 p.m. Monday, Oc:tober 10, 1994 Cowoeo' Coaference Room City Hall Building, Chula VISta CALL ~ClNG TO OlU)E.RJ1lOLL CALL: Mw"l wu caI1ed to order with a quorum at 6:40 p.m. by ChaIr BurralC-"O. City Staff'EnviroDmeDtal Review Coordinator Doua B.eid called roD. PreHnt: CommlJsI.OIlefS Ba11, Marquez, Fisher. A motion had already been made to excuJe 0b0upssIan &om toIliJht'. IDIC-I, Ouerrelro has been uMlCCUaed for the third Itraight mnt1,. Staff ReId will c:aIl him reprdiDg biJ ItatuI with the commission. APPR.OV AL OF MINUTBS: It wu MSUC (HI11IMarquez) to approve the minutea of the moetini of September 26, 1994 with two correctlona: No. 2, para. 2, the IIIIDe in the last le'tteftu mould be corrected to reed "Yllher." Pile 2, No.3, the 5th lellteDCe Ihould read. "Ha\I also ulced if'any of the ll'ftdi"i wu for the 125 ton road." Vote: 4-0, motion carried. ORAL COMMUNICATIONS: None. NEW BUSINESS: The lIenda wu taken out oforder to accommodate the guests. 1. BiItOrical Site ##44, 644 Second Ave., Deletion of Permit Control RequirementA: The applicant wu present to IJISWeI' any llueationa of the commission. After. very brief'review, it was MSUC (HaIlIFilher) to pDt. removal of the lite permit control requirements from biJ property, 4-0, motion carried. 2. Staff'Meacham prelel'rt'Ocl biJ report on addiDs WOIOl CIIII and empty Iteel COIIIainerI to ruid.-lal curbaide recy_ llaicleats were dlncted to contact APTBC, 235-2111, for proper diapolll of such items. He explained that 110 additional colt would be Incwred by the rate payers or to the city. It wu MSUC (Ra1II.fIaher) to recommen4 acoeptance of'the ItI1I' report and authorize ItI1I'to add empty am'OIOl contll... to the lilt ofitems conected in the mid-n.! curbaide recyc:liDa proaram; wee: 4-0, motion carried. FoIlowlns the vote, the eoJ"miuion wu updated about the B.ocydiDa Public Educatlon P1m, as well as the aunmt IOlicl waste JlI'OIfIIIlI. 3. SIJt Creek. Neptive ])eel-ration 15-94-24: It was MSUC (MarquezlHall) to mon........... Idoption oCthe oeptive declaration to eIUbIiah the Salt Creek Balin DeveIopmeal Impact Fee to pay for __ improvementI within the Salt Creek Sewer Balin; wte 4-0, motion cmied. ... Ji!DviroDmeatal Imprch.wcnt :aecoJDll-",tlon BeYIew -110 di~'rl--. No'" wu mIde to the content, but typos were corrected. It wu MSUC (Ha1lIMarquez) to approve the ~ODI as comctecl. ChaIr Burrucuso will make the corrections for po IItIltlelon to Couftcl1. ~ }7~;2! exlf.8rr 3 . negative declaration . PROJECT NAME: PROJECT WCATION: Salt Creek Gravity Basin Sewer Analysis Salt Creek Basin (West of the Otay Lake Reservoirs and along the Otay River Valley) and portions of the Otay Lake Basin. ASSESSOR'S PARCEL NO.: Parcels in Assessors Parcel Books: 595, 624, 643, 644, and 645 PROJECT APPLICANT: City of Chula Vista - Engineering Department CASE NO: IS-94-24 DATE: lun~ 29, 1994 . A. Proiect Settin!! The project setting is the Salt Creek and Otay Lake Drainage Basins, which are located west of the Otay Lake Reservoirs, along the Otay River Valley within the City of Chula Vista's General Planning Area and the Proctor Valley Drainage Basin. B. Proiect DescriDtion The project is the determination of the ultimate size of the Salt Creek Interceptor based on projected peak flows and the creation of a Benefit Area Fee to fund construction of the interceptor. The study area of the Analysis includes five "properties" located within the Salt Creek Basin and portions of the Otay Lake Basin. Flows from EastLake and portions of Salt Creek Ranch and Otay Ranch are tributary to the Salt Creek Basin. These flows will be pumped into the Telegraph Canyon Sewer Basin until facilities are available in the Salt Creek Basin. The Telegraph Canyon Pumped Flow Report provides for the construction of interim facilities in the Telegraph Canyon system. Flows from Hidden Valley Estates, adjacent properties and portions of Salt Creek Ranch and Otay Ranch are located within the Otay Lake Basin. Since the Otay Lake Basin drains naturally into the Upper Otay Reservoir, development within this basin will require the permanent pumping of sewage into the Salt Creek Basin. The Salt Creek Basin Gravitr Sewer Analvsis was prepared by Wilson Engineering for the Baldwin Company to recommend sewer improvements necessary to convey sewage --7 } flows from the Salt Creek Basin to existing or proposed downstream sewerage facilities. / I-".J- The Analysis recommends the construction of the Salt Creek Interceptor in the Salt Creek Basin and Otay River Valley to transport sewage flow from these development~~Mlt- , downstream transmission and treatment facilities.' Since there are no existing downs~ /} '!. !' City of Chula Vista facilities capab\n&f IJN1dJieLthe.J18,w ,~~ti.9~J,~rJ~~ . . facilities were considered: 1) Construction of a new Otay Valley Water Reclamation Plant, 2) Construction of an additional trunk sewer which would discharge to the existing ~ Metro interceptor located adjacent to mterstate 5, or 3) Connection to the City of San Diego's Otay Valley Trunk Sewer Prison Line. The feasibility of Options 2 and 3 would depend on the availability of capacity in the Metro interceptor Reach 9 will not be needed if the Otay Valley Water Reclamation facility 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 finanr;ed through the regular Chula Vista sewer capacity fees rather than by this DIF. The Analysis assumes that the interceptor construction (Reaches 1 through 8) will be financed through the enactment of a Development Impact Fee (DIF) payable by all developers located in the benefit fee area (Exhibits I and 2). The method recommended for the determination of cost per EDU follows. The cost per EDU was calculated based on the total ultimate number of EDU's requiring sewer service in the Otay Lake and Salt Creek Basins. Under this method all properties contribute the same fee per EDU regardless of where their flows enter the Salt Creek 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 DIF fee has been calculated to be $240 per EDU to be consistent with the definition of an EDU provided in the Telegraph Canyon Sewer Pumped Flows DIF as shown in ......... Exhibit 3. 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. The size of the interceptor was determined to be 36" for Reaches 6-9, 30" in Reach 5, 21" in Reaches 3 and 4, and 18" in Reach 2 and 15" in Reach 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 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 also be prepared prior to construction of the Salt Creek Interceptor in order to resolve annexation and sewer capacity issues. Additional environmental review will be required when the exact location of the sewer interceptor has been determined. The discretionary action associated with this item is the adoption of an ordinance to determine the boundary of and establish the Salt Creek Basin Development Impact Fee to pay for sewer improvements within the Salt Creek Sewer Basin. ."""\ .:\SCB.ND ~)7-c2( Page 2 . . . C. Comnatibilitv with ZoniDlZ and Plans Reaches 3-8 are within the Otay Ranch. The enactment of a district to collect fees is in compliance with the goal established in Part n, Chapter 5 of the Otay Ranch General Development Plan to "provide a healthful and sanitary sewerage collection and disposal system for the residents of Otay Ranch and the region. Reaches 1, 2 and 9 are within the City ofChula Vista City Boundaries. The enactment of a district to collect fees is in compliance with 5.2 of the Public Facilities Element of the General Plan. Objective 4 states, "Costs of improvements which are necessary to serve new development, such as extensions of service and pump facilities, shall be financed by the developer. This policy does not preclude the use of assessment districts or similar mechanisms to finance improvements. " D. Identification of Environmental Effects An initial study conducted by the City of Chula Vista (including the attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. E. Consultation 1. Individuals and Onzan;7J1tions City of Chula Vista: Barbara Reid, Planning Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennen, Planning Ken Larsen, Director of Building & Housing Carol Gave, Fire Marshal Crime Prevention, MaryJane Diosdada Marty Schmidt, Parks & Recreation Dept. Rich Rudolf, Assistant City Attorney Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: City of Chula Vista, Engineering Department 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code B:ISCB.ND ~ /7-;25 Pase3 Otay Ranch General Development Plan/Otay Subregional Plan, 1993 Otay Ranch General Development Plan Final Program EIR, 1992 """'\ 3. Initial Studv This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910 -;6' fr'-/ ~ /J~) ENVIRONMENTAL REVlE COORD A TOR EN 6 (Rev 5/93) ""'"'" '"""- B,ISeB.NO ~ /7r--c26 ." Page 4 . Case No. 1S-94-24 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula VISta - Engineerina Department 1. Lead Agency Name and Address: City of Chula VISta 276 Fourth Avenue Chula VISta, CA 91910 3. Address and Phone Number of Proponent: 276 Fourth Avenue, Chula Vista 4. Name of Proposal: Salt Creek Gravity Basin ADalysis 5. Date of Checklist: June 20, 1994 -.... -.... - ... .... - .- - N. . - ........ - - I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or 0 0 0 1m zoning? b) Conflict with applicable environmental plans or 0 0 0 1m policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g.. 0 0 0 1m impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arranJeDlent of an 0 0 0 III established community (includina a low-income or minority community)? Comments: This proposal does DOt result in alteration of present or planned laud uses. The proposal is a result of previous action to establish residential and other laud uses in a previously unzooed area. n. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regioual or local 0 0 0 1m . population projections? b) Induce substantial arowth in an area either 0 0 0 1m directly or indirectly (e.a.. throuaJt projects in an undeveloped area or extension of major infrastructure)? ~/?~,2? I ,) .. 'WPC M:\IIOME'\JIIANNINO\2I.M Pase 1 - - - JA. .... - v_ - N. '"'" - ........ - - c) Displace existing housing, especially affordable 0 0 0 IllI housing? Comments: The requirement for payment of an impact fee by developers of land within the City will not alter the location, distribution, density, or growth rate of the population or create a demand for ..:Iditional housing but will assist in the mitigation of development impacts. m. GEOPHYSICAL. Would rile proposal resull in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic 0 0 0 IllI substructures? b) Disruptions, displacements, compaction or 0 0 0 IllI overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 IllI features? d) The destruction, covering or modification of any 0 0 0 IllI unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 0 IllI either on or off the site? t) Changes in deposition or erosion of beach sands, 0 0 0 IllI '"'"' or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 0 IllI hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The establishment of Salt CreeIc: Basin Development Impact Fee to fund sewer improvements within the Salt CreeIc: and Otay Basins is a legislative llCl and as such will have no impacts on the earth. Once development plans have been submitted and a specific location for the interceptor identified, environmental analysis of the impllCl of the coDStruction and placement of the interceptor will be undertaken. IV. WATER. Would rile proposal resull in: a) Changes in absorption rates, drainage patterns, 0 0 0 IllI or the rate and amount of surface runoff? b) Exposure of people or property to water re1ated 0 0 0 IllI hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 0 IllI ofaurface water quality (e.g., temperature, dissolved oXYlen or turbidity)? ~ d) Changes in the amount of surface water in any 0 0 0 IllI water body? ~ /7--027' wtC M:\IIOME\PIANNINCI\2ID.94 Pas- 2 . - - - ... .... - .- - N. - ....... - - e) Changes in currents, or the coune of direction [] [] [] IBI of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either [] [] [] IBI through direct additions or withdrawals, or through inten:qrtion of an aquifer by cuts or excavations? g) Altered direction or rate of flow of [] [] [] IBI groundwater? h) Impacts to groundwater quality? [] [] [] IBI i) Alterations to the course or flow of flood [] [] [] IBI waters? j) Substantial reduction in the amount of water [] [] [] IBI otherwise available for public water supplies? Comments: As the project does not include grading or reconstruction, there win be DO impacts to water. . V. AIR QUALITY. Would rhe proposal: a) Violate any air quality standard or contribute to [] [] [] IBI an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] [] [] IBI c) Alter air movement, moisture, or temperature, [] [] [] IBI or cause any change in climate, either locally or regionally? d) Create objectionable odors? [] [] [] IBI e) Create a substantial increase in stationary or [] [] [] IBI DOn-stationary sources of air emissions or the deterioration of ambient air quality? Comments: As the project does not include grading or reconstruction, thel'e will be DO imJlll'?ls to air. VI. TRANSPORTATION/CIRCULATION. Would the proposal resull in: a) Increased vehicle trips or traffic coqestion? [] [] [] IBI b) Hazards to safety from design featurs (e.g., [] [] [] IBI . sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency lICCesS or IcceIS to nearby [] [] [] IBI uses? d) Insufficient parking capacity on-site or otf-aite? [] [] [] IBI ~ ) 7-.2 7 > p~ t "'r;"; -.... - - 1.- .... ~ - v.. - No - - - - e) Hazards or baniers for pedestrians or bicyclists? 0 0 0 IllI f) Conflicts with adopted policies supporting 0 0 0 IllI alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 IllI h) A "large project" under the Congestion 0 0 0 IllI Management Program? (An equivalent of 2400 or more average daily vehicle trips or 2CO or more peak -hour vehicle trips.) Comments: No traffic will be generated as a result of the establishment of this ordinance. Temporary traffic impacts will result from the construction of the project and these will be analyzed at the time development plans have been received. VB. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 0 IllI concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 IllI """"\ c) Locally designated natural communities (e.&, oak 0 0 0 IllI forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 IllI pool)? e) Wildlife dispersal or migration conidors? 0 0 0 IllI f) Affect regional habitat preservation planning 0 0 0 IllI efforts? Comments: There is no impact to plant or animal life as the project is the adoption of an ordinance. Analysis of impacts to plant and animal life will be canied out when development plans have been submitted and a specific location of the interceptor detennined. VDI. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? 0 0 0 IllI b) Use non-renewable resources in a wasteful and 0 0 0 IllI inefficient manner? c) If the site is designated for mineral resource 0 0 0 IllI """"\ protection, will this project impact this protection? WPC M:\HOME\PlANNlNO\2Dt'D.9r4 ~ /7-;JC/ Pac- 4 - _ _ a-.... - ~ - No - - - - Comments: The proposal which determines the ultimate size of the Salt Creek Inter'oeptor, based on projected flows, will not result in an increase in demand upon energy sources. a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) Tbe creation of any hes1th hazard or potential hes1th hazard? d) Exposure of people to existing sources of potential hes1th hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Comments: Tbe creation of a benefit ares free will have no impact on construction. . IX. HAZARDS. Would th~ proposal involve: . x. NOISE. Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? [] [] [] IBI [] [] [] IBI [] [] [] IBI [] [] IBI [] [] [] IBI [] [] [] [] [] IBI IBI [] [] Comments: No noise or light will result from the creation of a Benefit Area Fund to construct the interceptor. XI. PUBLIC SERVICES. Would the proposal have an ttlfect upon, or result in Q need for new or altered government services in MY of the following WeDS: a) Fire protection? [] [] [] IBI b) Police protection? [] [] [] IBI c) Schools? [] [] [] III d) Maintenance of public faclIities, including [] [] [] IBI roads? e) Other governmental services? [] [] [] IBI . Comments: No new covernmental services will be teqIIired as a result of this project. At the time development plans are submitted, analysis of the impacts to fire services, police protection, schools, psrks, libraries, maintenance of public facilities and other JOvernmental services will be carried out. ~ J7~J/ ,/- ") Pau.~ - - - - - u_ ....... w. .... - - No - """\ XII. Thresholds. Will the proposal adversely impact the City 's Threshold Standards? o o o IllI As described below, the proposed project does not adversely impact any of the seen Threshold Standards . a) FirelEMS o o o IllI The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 8S" of the cases and within S minutes or less in 7S" of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is I mile away and would be associated with as-minute response time. The proposed project will comply with this Threshold Standard. Comments: At the time development plans are submitted, staff at the Fire Department have asked that they be notified if any road closures or water main shutdowns are necessary. b) Police o o o IllI The Threshold Standards require that police units must respond to 84" of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4.S minutes or less. Police units must respond to 62.10" of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. "'"" Comments: None. c) Traffic o o o IllI The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) OD" may occur during the peak two hours of the day at signalized intersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The threshold standards for traffic do not apply to the proposed project, as there is no development associated with it at this time. Comments: None. d) Parks/Recreation o o o IllI The Threshold Standard for Parks and Recreation is 3 .:res/I ,000 population. The Threshold Standards for Parks and Recreation do not apply to the proposed project as there is no development associated with it at this time. Comments: None. "'"" '~ WPC W:\HOME\Pl..AHNINO\2O.94 3-tC) 17-;1;2., Page 6 . - - - - - .- - ..-- - - ... - e) Drainage c c c IBI The Thresbold Sta:Ddards require that IIIorm water flows lIIlCI vollllllCS not exoeed City ED&iDeerinll Standards. IDdividual projects will provide aece&nry Improvements ooasistent with the DniDage Master PIaD(s) lIIlCI City ED&ineerinll Standards. The Thresbold Standards for clraiDage do not -Wly to the proposed project as there is DO developmeot at this time. Comments: At the time of ooDStruction, the developer must obtain a NPDES IIIormwater permit for IIIormwater discbqes associated with ooDStruction activity. t) Sewer c c c IBI The Thresbold Standards require that sew&lle flows and volumes DOt exoeed City Engineering Standards. Individual projects will provide necessary Improvements coasistent with Sewer Master Plan(s) and City En&ineerinll Standards. Comments: The future construction of the Salt Creek Gravity Sewer interceptor will increase sanitary sewer capacity. . g) Water c c c IBI The Thresbold Standards require that lldequate IIIol'lllle, treatment, lIIlCI transmission facilities are ooDStructed concurrently with planned llrDwth lIIlCI that water quality standards are not jeopardized durinll growth and coDStruction. The Threshold Standards for water do not apply to this project as there is no coDStruction included with this project. Applicants may also be required to participate in whatever water coaservation or fee oft'.set prollf8Jll the City of Cbuta Vista bas in eft'ect at the time of buildin& permit issuance. Comments: Applicants may also be required to participate in whatever water coaservation or fee oft'- set prollf8Jll the City of Cbula Vista bas in eft'ect at the time of buildinll permit issuance. XIll. UI1LITIES AND SERVICE SYSTEMS. Would the proposal resull in /J need for new systems. or subsUllltial allerlJtions to the following utilities: a) Power or naturalllU? C C C IBI b) Communications systems? C C C IBI c) Local or re&ional water treatmeot or distribution C C C IBI facilities? d) Sewer or septic tanks? C C C IBI . e) Storm water clraiDage? C C C IBI t) Solid waste disposal? C C C IBI Comments: The proposal is the first step in providin& additional sewer S<<vice for an ares yet to be developed. ~ 17~::J .... j r) 17j ~) ,e - - - a.. .... - u.... - N. -... - ......... - - XIV. AESTHETICS. Would the proposal. a) Obstruct any scenic vista or view open to the 0 0 0 IllI public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic 0 0 0 IllI route? c) Have a demonstrable negative aesthetic effect? 0 0 0 IllI d) Create added light or glare sources that could 0 0 0 IllI increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? 0 0 0 IllI Comments: As the project does not involve development, there will not be obstruction of any scenic vista or view. XV. CULTURAL RESOURCES. Would the proposal: -... a) Will the proposal result in the alteration of or 0 0 0 IllI the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 IllI aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 IllI physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 0 0 IllI sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 IllI EIR as an area of high potential for an::beological resources? Comments: As there is no construction or development involved in this project, there is no potential to impact cultural or paleontological resources. XVI. PALEONTOLOGICAL RESOURCES. Will the 0 0 0 IllI proposal resull in the alleration of or the destruction of paleonrological resources? ""'" Comments: See comments under cultural resources above. - ~/?-J1 WPC M:\HOME\PIANNlNO\2CNIQ.94 Page 8 . - - - - - u-. - '- .... - - No - XVII. RECREATION. Would the proposal: a) Increase the demand for Deipborhood or C C C re&ional parks or other recreational facilities? b) Affect existing recreational opportunities? C C C IllI IllI c) IDterfere with recreation parks & recreation C C C IllI plans or programs? Comments: As there is no development involved, there would be no impact upon the quality or quantity of existing recreational opportunities. . XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for rnondatory findings of significance. If an EIR is needed. this section should be completed. a) Does the project have the potential to degrade C C C IllI 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 e1iminRte a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: As there is no construction or development involved with the creation of a Benefit Area Fee to fund construction of a sewer interceptor, the project does not have the potential to degrade the quality of the environment. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Comments: Policy 5.2(4) in the Public Facilities Element of the General Plan requires that the "costs of improvements which are _.o.ry to serve oew deveJopmellt, such as cxtellsions of servi~ pump facilities, shall be financed by the developer." This poUcy doa not preclude the IIIe of ._smellt c1istricts or similar mechanisms to fiDance improvements. C C C IllI The project compUes with that poUcy. A$ such, the project doa not have the poteDtiaJ to acIIieve ahort-term Coals to the disadvantaae of lone-term eavironmeotaJ aoaJs. . c) Does the project have impacts that are C C individually Umited, but cumulatively considerable? ("CumuJatively considerable" means that the incremeotaJ effects of a project are considerable whell viewed in OODDection with the effects of past projects, the effects of other current projects, and the effects of probable _ /' future projects.) ~ J 7 " J~ C IllI 'i ,.~ ~ ",.1>;".) 1::1I..__4 - -- - - - .- ........ ~ .... - - N. - """"" Comments: The project does not have the potential for cumulatively considerahle impacts as the ordinance "",endment is to set up an assessment district to collect fees. Future construction will require additional environmental review. d) Does the project have environmental effect 0 0 0 Il!I which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The creation of a Benefit Area Fee to fund construction of the interceptor does not have the potential to cause adverse effects on human beings either directly or indirectly. """"" ~ 'WPC M:\IIOME\PlAHN1NO\2IMi9.04 3~ /7~3~ - . Pas. 10 . . . ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or .Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. o Land Use and Planning o Population and Housing o Geophysical o Water o Air Quality o TransportationlCin:ulation o Biological Resources o Energy and Mineral Resources o Hazards o Public Services o Utilities and Service Systems o Aesthetics o Cultura1 Resources o Recreation o Noise o Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 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. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect: I) has been adequately analyzed in an earlier droIT"""t pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a 'potentially significant impacts' or 'potentially significant unless mitigated.' An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ~ .0 o ~~'-'/ I'.--z"-CI 0~ Enviro tal Review Coordinator City of Chula Vista ~M. ,;lP, /99Y Date ~ 17-:17 1,,,,U Poa. " WW' u-\NntoIP\PLA.WNJNCJ\2Q69_94 APPENDIX m CITY DATA SHEET """'\ PLANNING DEPARTMENT I. Current Zonin2 on site: PC North PC South PC East PC West PC Does the project conform to the current zoning? Yes. as the Droiect will involve the construction of an inceDtor and has no imDact on zonin2. n. General Plan land use designation on site: ODen Snace North ODen Snace South ODen Snace East ODen Snace West ODen Snace Is the project compatible with the General Plan Land Use Diagram? Yes. Is the project area designated for conservation or open space or adjacent to an area so designated? Yes. The Droiect area is 2enerallv desi2nated as ooen sDace in the General Plan. Is the project located .adjacent to any scenic routes? Yes. The Droiect is 2enerallv adiacent to the Otav Vallev Road and Olav Lakes Road which are scenic I!atewavs. """'\ (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route) This Droiect does not aDDlv to this issue as it is a DrODosed inceDtor for the salt creek basin. As the sewer will be under2round. desi2n techniaues to enhance the scenic aualitv of the route are not necessarv. III. Schools If the proposed project is residential, please complete the following: Nt A School CaDacitv Enrollment Units Prooosed Gene~g Factors .30 .29 .10 Students Generated From Proiect Elementary Junior High Senior High IV. Remarks: . ~ ~",':I / re .&~ -1 Director of lanning 0 Represen tive ~ AI .:2 p-;. 19 C;Y , Date ~ Page 1 ~J7~36 . . . APPENDIX IV Comments Received During the Public R IS-94-24 Case No. ,c No Commen ere Received During the Public Review Period / ~ 17---)'; wpc~O=-93 1JoI, 102ln) 1JoI, 1020,93) c . YS,-5&:f6 Case No. IS-q"l-.2.'1 INTERDEPARTMENTAL COMMENT SHEETS .-.., J. A. project site within a flood plain? "'0. IJ,,-r (/<.1 ~.A-MA~ Ff..rr>H::'t ~IN . If so, e which FEMA Floodway Frequency Bounduy. ~IA. B. location and description of existing on-site drainage facilities? S"FlJ't::" LIA11= C. Axe they adequlle serve the project? ~A If not, please explain riefly. D. Transtlortation N/4. ~ IS ~ 5ew~ L.tNE Wlc...t.. /0./0"- (;,e;.JazA7E- ~ A. What roads provIde pnmuy access to the proJect. Axe they adequate to serve the projce !) If not, please explain briefly. NM . .-.., D. . tion of existing off-site drainage facilities? 51. L,.. t"t:>"'>=r _ E. ~-nl!>>l RZode::r ~NJ::> r T'f;.A.F=FIG. /MFJA.c.rr:; . B. What is the estimlled number of one-way auto trips to be g by the project (per day)? c. What are the Average Daily Tnft"1c (A.D.T.) volumes on the,primary after project aJmpletion? Street Name Before ro8ds before and "'- ~. Do any of these volumes exl*d the City's LeveI-of.Service (L.O.S.) .C" design ADt volume? If yes, please specify. """ ~ J7/Y(? WfC~022.IIJIJW.lazl.JJ)IJW,I_lIJf .... 2 . . . . Ys-sq~ Case No. n; -4~"''::Llf If the A.D.T. or L.O.S. "e" design volume is unknown or not applicable. explain b,lffly. .D. Are the primary access roads adequate to serve the project? If not, please Cltplain briefly. E. Would the project create unacceptable Levels of Service S) lit intmeetions Idjacent to or in the vicinity of the project site? If so, identify: Location Cumulative L.O.S. Is the proposed project a "large project" under Congestion Management Program? (An equivalent of 2400 or more average daily ve . Ie trips or 200 or more peak-hour vehicle trips). If yes, a Traffic hnpact Analysis ) will be lUluired. In this case the TlA will have to demonstrate that the project will t create an unmitigatable adverse impact, or that all related traffic impacts are not mitig to a level of non-significance. Yes N F. The following questions apply if a Traffi hnpact Analysis is not lUluired. G. Is traffic mitigation lUluired I reduce traffic impacts thllt will sault from implementation of the proposed project? / Yes No If yes, please describe. .I I / H. Is the project . tent with the criteria established in the City', TImspoItIItion Phasing Plan, General Plan IC Element, II1d all other peninent traffic 1C\Jd-.s? PIeue 'Iefcrence any other ttafti~/~act stUdies foe midway aepnenu that may lie illlplCteCJ by the proposed project. / L J. /_. / . Is a traffIC stUdy lUluired? Is there any dedication lUluired? If so, please specify. Yes No ~ / ?/~! ___.___---...--.___.__ _J..'_'M.~"J Ifl'WllM.\ ....e 3 . K. Y.> -S'1b Case No. IS -4'1 -.2'-{ Is there any street widening required'! If so, please specify. ~ L. Aze there any other street improvements required'! If so, please spec~ the general nature of the necessary improvements. " Aze there any anticipated adv~\geotechniCal conditions on the project site'! UrJ/t:N.oWN. If yes, specify these conditions. /J/A Is a Soils Repon necessary'! YES\~&>IZ. 'T?> -n+E I~IJCE ~ G~'DiN6. ANdlo CoI../<3muc.T"<OI>J ~rrs. Land Form \ " What is the average natural slope of the si~.!" (,'" 'bI"~r /:F R.DW If) ~ .;:.I.~ r~-FY) What is the maximum natural slope of the si~\ 5o/{(srl>E ~-">Ao::C ,.,r ~l-rU"'".) \ '\ \ M. m. Soils A. B. C. IV. A. B. V. Noise \ , . \ . \ Will the project and\ related public improvements provide satisfactory traffic lervice for existing conditions an~ future bui1dout General Plan conditions'! (please provide a brief \ . explanation). \, '\ \. \ , '* """" \~ , Aze there any traffic-related noise levels impacting the site that~ significant enough to justify that . noise analysis be required of the applicant'! IJ 0 . \ '. VI. Waste Generation NA... ~"f'flue:nc,.J CF 514/.-rcpl"E./<. ~VIT'Y SFH"W' I~ 1II1LJ- IN<'~E;~ ~r~Y S;t!wlE=t1t- ~~t\,1TY. . How much solid and liquid (sewer) waste will be Ieneraled by the ..."~ project per day'! Solid Liquid What is the Iocarion and size of existing sewer lines 011 or downstream from Ibe lite? ........ Aze they adeqUate to serve the proposed project? (If no, please explain) ~p /7-J/r? WI'C~m93~.llDl.93)(Iol.ID2U3) ..... y~ -S::t"- .. CueNo.~ VD. ~arional Pollutant Discharl!e Elimination SYStem CNPDES) Stonnwater Reauirements ,.,/ , Will the applicant be required to file a Notice of Intent with the State Water Re for coverage under an NPDES Stonnwater Permit? s Control Board . pemiit(s) IIId explain why 11\ NPDES M/JS.,- . is requiJed. AN NPz.C~ #;/ Will a Stonn Water Pollution Prevention Plan (SWPPP) requiJed for the proposed project? X Yes No Additional comments . VD. Remarks / Please identify and discuss any remaininl potential -'verse impacts. mitiaation meuures. or other issues. MoNt':. . I , I / / / / / / ;' I / I -I . ~- City ~eer or Representative ~ ____._.__ .____~_.~_ _____ ..____.._J ._....., y4/~ Date J?~tf3 . .... 5 . A. What the distance to the nearest fire station'] ~ wbal is the fire Department's estimated reaction . e'] -J ",j Ie J ") m ir"l. Case No. 15-q~-~<f """'" : B. Will the Fue . ment be able to provide 11\ IdcqUlle level 01 m protection for the proposed facility . out III inc:ruse in equipment or pmonnel,] II '" ..." I S:. [h;n/1; 1.1,-- . Marshal """'" c. Remarks I (' . - - . 04- ;).I'q,~ Dale \ "- \. \. '" '"" , ,.~. --- """'" 1itCS~~~m""'.ICI")1Iot IDSJ~~ )7 -- ~tj "'6 . . e PARKS AND RECREATION DEPARTMENT Case No. /5- qq.- ~f // ~/' A. Is project subject to Parks and Reaution Threshold requirements? If not, please explain. ~ · .... ~ , 'B. c. e e How many acres of parkland are DeCeSSAT)' 10 Ierve die proposed ? D. Ale existin, Deiahbadlood and community parks Dear die population increase resultin, from Ibis project? Nei,bboJtlood Community Parks If not, are parkland dedications or other mitiSation u part of the project Idequate to serve the population increase? Neigbbomood Community Parks To meet City requirements, will appUcan Provide land? Pay a fee? Remarks: E. f. I ~ c::: !r:.~ . "~-I r- ........ q.1."L,~ Dale Parks and ReauDllII Director or Represenladve .~ ~/?'tf.5 , -... .. 2885 Echo Valley Road jamul, CA 91935 April 16, 1994 -.. Mr. Do'uglas D. Reid EnvirO~ental Review Coordinator City of ula Vista Planning Department 276 Fou h Avenue Chula Vis ,CA 91910 ible that you would consider putting my home, which is in jamul d on the eastern side of the Urban Limit Line, In the benefit area for he Salt Creek Sewer Interceptor. Must I remind you that is the opinio of the jamul Dulzura Planning Group that the sewer is growth-indue g and completely incompatible with the rural life style my neighbors nd I enjoy? What I find most disturbin is the overriding attitude that we in Echo Valley will ultimately under the sphere of influence of the City of Chula Vista. I also won er if it is coincidence that your deadline for comments Is the d before the next meeting of the jamul Dulzura Community Plann! Group. My only options are 1) to make the unty Board of Supervisors aware of your intention to include my ighbors in the service fee area for this sewer 2) Have a response fo ou from the Planning Group after the next meeting, 3) be sure neighbors are aware of the Implications of your actions, and 4) cons . er legal action If you proceed with this course of action. Thank you for your time. ~ c.c: D. jacob, County Supervisor -.. , , , ~/7-~ . . . ,. Dulzura Community Planning Jiroup P.O. Box 613 / Jamul, CA 91935 / April 30, 1994 Jamul Mr. Douglas D. Reid Environmental Review Coordinator City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Reid, , ~ , ..... [' The Jamul Dulzura Community PIa ing Group met on April 26, 1994 and authorized me to submit this 1 ter by a vote of 8 Yes, 0 No, 0 Abstain. The Jamul Dulzura Commun' y Planning Group historically and currently oppose bringing se ers past the Urban Limit Line. We also feel that Chula ista should not process projects outside of their sphere of infIuenc if the reach of the tributary area shown in the Salt Creek Basin enefit Fee Area map is the benefit area boundary. drawn, must conclude Please correct the boundary lines priQr to processing. S;'''''.IY~ ~o Ph.D. Chair, JDCPG P.S. If ou wish to contact me, or address the Planning Group, feel free to call me during business hours at 450-2025, or at home at 669- 77. I / L c.c: Supervisor Jacob Mayor Nader ~/7/2/? - -- , -.., Ma y 6, 1 994 i.1C:t..ic.:;!e:= [I. f..elD En~lronmeMta1 Fevlew Coorclnator F . c... :be::< 1\.'0,' ';... -JU I ~ ....l'::t.a,. \ CA .:. ~ ".. -<.\: ;;.,'E ~'-""..'_i. ",~_:_.C.'_ 0.. .',~ ,:-~_...- ;-,l't,18.1 Et.uc. -tOt- oet:i?t-'rr;lii2l.t.lor ClT E.:~ :--"'f,' L"-,,,.lc. :::,e;WE,- lc,,,e-'-CE'otc:>..- =<"0 ....; ;"- ~.' :~. t:." - :?_\ t.-- ";Ur\;.J -:"iE c.:..:..nE':t-uCt. 1 Dr-, c.-f tne ~.e~..?~"' li':,'- :-.e';::'... .-_'ru \ \ ,;1;:...[; :."';j::'L:.,~eS \?r:'"..ul in t!iE? tr~olltar" ef.ea t)oui;darv ;i:;C.....1r.I;: 'til~t. C'LH" C~i'!.i!TIur1i1.\,1 ~'lil OJ benefit frc.rr: trlJS ::-"_.E~t-'-CE'::I~~'.ulr-. j::.nul \s i,i cOm!pl.lrllt.V ti1:~t oeOerlCilE: on ~.eptic E~St:er-~ an~ 25 ~ resi~~t. as Ever, otner Jamul resident, ::.: ",C; I t~,-,e;~ H: "tram t-'\ lCltE'-'cE~tor. ~. ~e~~~(lr~ of 5~we~ 1 lne5\~re Qrowtn l~jucinQ a'ld do imoact 't: E E':". It.'cnIT,,;:-rlt.. SeI,oJE-?t-S ~~j 1 O~~ -tor the mal: i~lum gr'owth ~nCl m'::'f"'€:.o ~r"ie~-'s:':o:':~; C2.,I,Sliig 't.he '~=trl..tctlO!l 01- senEltlve rl..tra..l 2.r'p:.,\:.~ 0 \,. 'rJs ==",'m'_,rlt:. Dl"nrnr,~ ....'e,,\ O~'~'OSECl to sewer E"tenslon ~~~o tJ~r Dlannlng ar~ao The Cl Y OT Chula VIsta should not ~=::':~Ir.~E- C":_Ii'"" C,::llTtITIUnl'tv wlll belie-f I To maIntaIn our rural commU~:l~v ctla~actero e:~tensl0n oi ewer is ocoosed nere. TMere'to'.'E. CIty o-f CnLl1 a Vista snou" d not even consIder 2s~lrl~ uS to helD oa~ +or the Interc tor WhICh is to c~n2~lt ~r!~ Citv o-t Chula Vis~s and i~of NO Deneflt to our " -.... ~o~ l'Th.Jl"1 ~ r. \' 0 \\ 0,\ ~lnc:el""'ei v. "'-, ~ l ff.t~'lb Ha 2835 Echo Valley ~ .Jt:lfnU 1 ~ CA 9193':, QoC;-J.5iC7 """"'. t:c.- Boaj~o 0+ Sucervlsors ----""" ~ /?-f'Y . . . Hay 18, 1994 Jay A. Haron, Ph. D. 2883 Echo Valley Rd. Jamul, CA 91935 Dear Dr. Haron: ~~~ ~ 01Y OF CHULA VISTA PLANNING DEPARTMENT , , I , This letter is intended to provide you ,iith some additional information relevant to the Salt Creek Basill/Gravity Sewer facility and its Initial Study (IS-94-24). Public ~otices are by necessity brief and not intended to present a full ~1cture of a proposal. In this case notice was given to an area w~ll beyond properties that would be effected by the proposal to iQClude other property owners that could have some interest in the Jroposal. Attached is a map that shows seve~l things including the Chula Vista sphere of influence. The community of Jamul is not located in the Chula Vista sphere and th.Salt creek Sewer Basin analysis does not state that Jamul is w~thin or that it is proposed to be within the sphere. Because the sewer line will ~ used to serve properties within our sphere of influence and within the Otay Lakes Basin all known property owners wi thin th,e otay Lakes Basin were notified even though additional capacity in the interceptor is not proposed for any parcels in the Jamul 'area. Also it should be note~'that the study for the sizing of the sewer did not include was~water from presently developed properties within the drainage,~asins. If you have any 9rE~ral questions please call me at 601-5104 or if you bave any tech ical questions please call Hs. Elizabeth Cbopp in the Engineering; ivision at 691-5021. / Sincerely, / s D. Reid onmental Review coordinator CI\wp51\lupe\Jamul.dr ~ JJ~'iJ r- '"""\ MEMORANDUM April 29, 1994 File No. ST-003 SUBJECT: D04glas D. Reid, Environmental Review Coordinator ROg~ L. Daoust, Senior Civil Engineer f-A.JIJ \ Eliza M. Chopp, Civil Engineerp" Informati n on the Mr. Jay Haron letter regarding the Salt Creek Basin Gravity Sewer sis TO: VIA: FROM: This memo is in response to e issues addressed by Jay Haron in a letter to the City of Chula Vista dated April 16, 1994, re rding the Salt Creek Basin Gravity Sewer Analysis (Analysis). The study area for the Analysis' udes projected wastewater flow from three drainage basins, Salt Creek, Otay River Valley and y Lake. Jamul is located in the upper portion of the Otay Lake Basin. There is no gravity sewbr service currently available in the Otay Lake and Salt Creek Basins. The nearest gravity sewe system to Jamul is located in Rancho San Diego and operated by the Spring Valley Sanitation istrict. The Spring Valley Sanitation District may """" provide a gravity sewer system as far east a the Jamacha Valley in the future. , , The Analysis does not include wastewater flow ~om presently developed properties within the three drainage basins. Existing developed prope~s in the study area would not be charged for sewer service unless 1) a septic system fails, a graVity... sewer system is available and they choose to connect to it, 2) these properties are redevelopea.~t a higher density which would require sewer service because of inadequacies in a septic systepl, and 3) an agreement providing for sewer service in the Chula Vista system is prepared with t!je County of San Diego for properties outside the City of Chula Vista. The proposed alignment of the Salt Creek Interceptor will be l~ted southeast of the Chula Vista city limits. A portion of the Otay Ranch Property lies within the Qtay Lake Basin and the sewer system constrUCted for Otay Ranch could presumably be extendedtQ other parcels in the Basin. All known parcels in the Otay Lake Basin were therefore notified about the Analysis, even though additional capacity in the interceptor was not provided for any of the parcels in the Jamul area. Any excess capacity in the line will exist by virtue ofavailability of pipe in specific sizes. The boundary of the Chula Vista Sphere of Influence in the eastern portion of.~. City is shown on the attached map. The community of Jamul is not located within the ChuIa Vista Sphere of Influence. The Analysis does not state that Jamul is within or will be included in the ChuIa Vista Sphere of Influence. """'\ All known developers and property owners, including Mr. Haran, were notified by a letter dated October S, 1993 that a public meeting was to be held on October 18, 1993. It was stated that ~ /7---..5P . . . a copy of the Analysis was available for review at the City of Chula Vista Engineering counter. City staff receiveq about five telephone inquiries from residents in the area of Jamul. No record was kept of who tJlose parties were. However, Bruce Sloan of the EastLake Development Company was ~e ~y person to attend the meeting. If you have any que~~. please contact Ben Herrera at extension 3057. Attachment (lVIDISAL TIA Y.MEMl \ \ \ '",:, " ,\ \ '\ " , '\ , \ '\. ~j7-SI . I I ,- .. ';' . , ! ! -~- .1 i i e """" I ~ I I I I ~ ~ fii ~ """\ .i . APPUCATION CANNOT BE ACCEPTED UNLESS SITE PLAN IS FOLDED TO FIT INTO AN 8.1(2 X 11 FOLDER A. . INITIAL STUDY :~Office UIIe oUIy""i .c-No.~.. <J)pst.Amnt. ...- .. :ltcceiptNo.- .. DlieRcl:'cl. fl.. -IJ6f j\!lCql(ed by I.~P .. .~No.FA. 141 ~ ~~~DQ.:", Itel.,.... C.- No. .- ""~ City of CluIa Vista Application FonD BACKGROUND 1. Project Title 5tJt C~ l5u.iW'\ GtW~ ~ A~~i$ 2. Project Location (Smer IddJess 01' ~on) s..tt ~cc.l Ot'.....,t. &.si... ""'i..k. i~ \OCAt.J ~~ ""u.t of itte. ot~ I.A4. ~,,~ol"~ ...~..( o.l~ ~c.. ~ ~Ifcor "..ll~ Assessors Book. Page & Parcel No. $c<. o.tQc.A 5 Brief Project Description 10 clc.f~...",illc... i'k 1l1-lilMA.t" !>iu. .f{.. 5rJ ~ a..-l~ ~r\fvOlf.fo,.. Itw-l Of\. pl'OJechof peak .f/olllS ().k.A -10 ~ 0.. &.d.f Ayu' fie. to.f.w,J eo..tltt'Vc/iot< of -fie, 1:+.fwOl(M. Name of Applicant e:t of (!..k.J... V;~tA.. - u.,i"cU'I'., DI"l,'$ItW/ Address ~1"';" 1M- Fax' IA'. Sl71 Phone .". S;lS'f City 0.11...1.. '/i.tA.. State-M.-Zip "lI'o Name of Preparer/Agent ~cr L. OA,..,,~t Address91~ F'o";& - Aw.... Fax' J!J/- 51' I Phone "fl. S~ City ~I.. Vif>t,.,. State CA Zip "f'b Relation to Applicant 'lMf1ojC.t. - ~'or c.'..,; I ~""",,, Indicate III pennits or approvals and enclosures or documents required by the Environmental Review COOIdinator. 3. 4. s. 6. a. Pennits or approvals required. _ CeDeI'll Plan AmeIIdment _R~JPrezone _ GrldiDa Permit _ Taltative Parcel MIp _ Site Plan a: Arch. Review _ Specill Use Permit _ Desip Review Applicltioo _ TeDII1ive Subd. MIp _ltedevell,-.- AJeut;y OPA 1tedem,'P"- AJeut;y DDA ~ Public Project _ A,.,....tirwt. _ Specific Plan (>wwfitiono' Use Permit = VIriuIce _ CDIstaI Development Otber Permit - . Ifproject is a General Plan Amendment lMIor NlZOIIe. please indicate the chIIIF ill daipltion from to b. _ Clndin& Plan _ Pln:el Map Precise Plan = SpecifIC Plan _ Trlf['1C Impact Report _ Huardous WlSte Allt--' Enclosures or documents (IS required by the Enviranmenta1 Review Coordinator). _ ArdL Elevllioos _~ Study _I """"'P" Plans _ BloIo&ical Study _ Tealltive Subd. MIp _ ArdIieo1oIical Study -...u-...n P\IIIs Nolle Aim......"' _ =~ Report /7/5} = ApDCy r.mIt .-.. .... --- B. PROPOSED PROJECT Land Area: square footage ilJ~ ooo.f.f" or acreage If land area to be dedicated. stale ICI'elIge IIId ~ose. A '-".ft ",Me.. bsc..W1fNl+ ~~ ~c.vJe.r liMe. 1",..t...,/A!ft'ol1. Does the project involve the constrUCtion of new buildings, or will existing structure be utilized? "...~iwf i~"o've~ ~ inv>~ 2. Complete this section if project is residential or mixed use. tJ jA 3. Complete this section if project is commercial or industrial or mixed use. N I If- a. Type(s) of 1IIId use b. Floor area Heiiht of structures(s) c. Type of constrUction used in the ItIUc:tIR WIr~ ...~ftl'Wl:hl021 ........, ad.ln aat. 1mt3) I. , L b. L Type of development=- Single Family _ Two Family _ Muhi Family Townhouse Condominium - - Total number of structures Maximum height of structures Number of Units: I bedroom 2 bedroom 3 bedroom 4 bedroom Total Units Gross density (DU/total acres) Net density (DUltotal acres minus lilY dedication) Estimated project population Estimated sale or rental price rIIIge Square footage of structure Percent of lot coverage by buildings or structures Number of on-site parking spaces to be provided Percent of site in road IIId paved surface -. b. c. d. e. f. g. h. i. j. k. I. d. Describe major ICCCSS points to the IUUc:tUI'eS IIId the orientmon to adjoining properties and streets e. Number of on-site puking spaces provided Estimated number of employees per shift Number of shifts Total Eslimated number of c:ustomers (per day) IIId buis of estimate f. """ I. ..2-~ /7~5f/ / ....e 2 . 4. c. d. e. f. . I. h. h. i Estimated number of deliveries per day Estimated ranle of service area and basis of estimate " j. Type/extent of opentions nOl in enclosed buildings 2. 1. HOIII'S of opention L Type of exterior lishting If project is ~ residential. cornrnacial or ind;tt complete Ibis section. L Type of project ('vb/it:. .fUe,.'" Stt-let'"' 1~f'I'I'C.~. b. Type of facilities provided ~ i mfY't1'1UV1~ Square feet of enclosed structures 11/", Height of structllJ'e(s) - nwUmumJr'lIiJ will be /A.",Je..r,....vnd Ultimate occupancy load of project '" IIr Number of on-site parking spaces to be provided '" IIr Square feet of road and paved surfaces II! 1.+ Additional project c:haracteristics Ail IT wj4 C. PROJECT CHARACTERISTICS 1. Will the project be requiIed to obtain a permit through the Air Pollution Control DislriCl (APeD)? "D . Is MY type of pding or excavllion of the jKopeny Iftticipated? _Ye~ If yes. complete the following: L Excluding aenches to be bId:filled. how man}' cubic yards of earth will be excavated? """(..:1//1 ~Jt44Va/1D" ,s~ unh~ ,I.p;'~~~ b. How many cubic yards of fill will be placed? IV /IJ c. How muc:h Ilea (aq. It. or acres) will be pIIIed? 1//,1, d. What will be the: MaxinMJm depth of cut ""i~ ",;" he.. cItJvm;rteJ "'1oIt'J~ ~"'. AverIF depth of cut II Maximum depth of fill I I AverIF depth of fill II ,3-33 /7/ if 3. Describe all energy consuming devices which are part of the proposed project IIId the type of energy used (air conditioning. electricalllppliance. heating equipment. etc.) N/A .......... ... Indicate the lIIIount of natural open space that is part of the project (sq. ft. or 8C1'eS) "'/A 5. If the project will resuh in any employment opportunides describe the natuJe and type of these jobs. V~~ A~..t ODI1&tvvc::f'iOI1 of & ".I",t~ 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? No 7. How many estimated automobile trips. per day. will be genel'llled by the project? o.~-tt.mDbile.& lAli\! he Yleuled tllVV"., t!WI$rV"Uc..hOvl. ~ 8. Describe (if any) off-site improvements necessary to implement the project. and their points of access or cOMection to the project site. Improvements include but nOllimited to the following: new streets; street widening; extension of gas. electric:. and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. ~f-~i+e i~ vl11 ihclllk. +/.te. ~.- "'1'Ie.S ~t will c.oMl1ed' to 4e.. M~ ~ 1lle. oI0v0M~ ~ ew.l o.f #li~ o' ",ill vlfi~t eo\'l~ ~ ... ~ M .L' e.-t~ -&r;t~ i\ll" ~ or rtNj-- 0 ~ "Wle.!> to . ~ A t4 4>uPpk-wle..l . D. DESCRIPTION OF ENVIRONMEtITAL SE'ITING 1. Geolo2V Has a &eology study been conducted 011 the !)u)perty? Je:>J O~ '-'l.1UJ,.i.,J &,....f Vol. :m: (If yes. please attac:b) Has a soils report on the project aite been lIIIde? ~ Db ~ ~c.l ~t ~o ~ K (If yes. please attac:b) 2. Hvdrolo2V An any of the following features present 011 ...ldjacent to the lite? ':fe:>)~V''';~ ~i~. (If yes. explain in detail.) L Is there lilY surface evidence of a shallow water table? t~ 0 ~~cl1e.e.t..~ic... t Yo I n WFC:P.~OZI_IU. _.93IIU.~ ) 7 ~ ""'" .... 4 .. . . 3. b. Are them any wateJCounes or dnin~e.improvements on or IdjlCellt to 1he lite'? '/e.~ J of~ tz;~e.r ~ Does runoff from the project site ~ directly in to. or ~'t'1I'CI . domestic ,water s9PPly. lake. reservoir or bay'? !>>.~ OI~O ~ .JIG... 'fh(.. ~ f;.1JW ",.\",-, Could drainage from the lite cause erosion or ~ to Idjacent IRIS'? 0"" c4\Hi~ 6M~tV'~Orl Describe all dninage facilities to be provided and their location. 1/,*(" brDie.cf ;~ .... 5A.~"~ S~I ~ .pv",/I... 'i...e, , ~ c. d. e. ~ L Are theR any noise IOIIJ'CIeI in the project vicinity which may impact the project site'? NO Will noise from the project impact any ~itive receptors (hospitals. aools. single- family Rsidences)'? ~) 0"" "'WI., CAVlsfyvv/1olll b. 4. Jiolol!v .. Does the site involve any Coastal Sage Scrub vegetation'? ~I ot, ~ 1irJ-ic6/ ~ ~(% b. Is the project site in a natural or partially natural state'? iJ"',.. c. If yes. has a biological survey been conducted on the propeny'? Yes v No (Please attach a copy.) (01A" f-4 ltJ."1e..[ ~...tVo' 1i:- d. Describe all tRles and vegetation on the lite. Indicate Joc:ation. height. diameter. and species of tRles. and which (if any) will be Rlmoved by the project. ~ ot~ ~ 1&~~i~1- \1'01 .nz:. s. Past Use of the Land .. Are theR any known historical or IJCheolop:al resources 1ot-ate04 on or near the project lite? Oi~'su~4 i~ ~ ~ ~ ~ '1/.' :II:. b. Are there any Irinown JIleontologica1 resources'? 17i" '.tS~ ;1/'1 . choj fZ..lII ~ -rc.e.l1~I'C4' ~ V., ':II. Have there been any hazardous IIIIIerials dispoIe4 of or 1lOnCIll9 or near the project site'? Oi{,~II5!"el i\ll ~ ~.,h ~",u.1 f1efw1 Vol :I: c. d. What was 1he 1and pnlviously ased for'? r-j 1>>1.( 16tH.. ,.....,'~ '-.( i. v..,1u...J~. ~ J7~;:? ...' . 6. Current Land Use L Describe aU stnlctum and land uses currently existing on the project lite. NtTt/e- "'" 7. Describe all stnlctum and land uses c:umntly C}dslPIg on adjacent propertY.. Nonh oa... ~ f'UO'l~$~~'lV'I) ot~ ~~ ~o.zse..' ~...,,~ 8t/1'/Jiy. South e;:r Q.JArl' 5J:;..fj" c... g,~.,i ~ ""~ East 01 Yk ic... 'ell" t. "" __ IleA: West ~ ~ Social , I. L Are there any residents on site? "0 If 10. how many? "fA- b. Are there any current employment opportunities on site? No If so. how many and what type? 11M I b. 8. Please provide any other infonnation which may assist in Jhe evaluation of the proposed project. Su.. tLrtAdted 6vt'pJe.m..-rt . "'" """" ~ /75g WIC:f'.~02I_(W.IG.R)(W.I_) "'6 ..E. ~RTIFlCAnON L IS owner/owner in escrow. Print name or L c:ansuhant or agent. 10afll L OItOv!or 5fiJlo~ edIt. ~JJQ,/"G~fL Print name . HEREBY AFFIRM. that to the best of my belief. the statements and information herein contained are in III respects tNe and correct and that all known infonnation concerning the project and its letting has been included in this Ipplication for an Initial Study of possible environmental impllCt and any enclosures for IltaChments thereto. Owner/Owner in Escrow Signature 10/91 . Date .If ICtin& for . cmpontion. include caplcity and company name. -3-~"- / 7/3; -- .!!I- ~ SUPPLEMENT The Salt Creek Basin Gravity Sewer Analysis (Analysis) was prepared by Wilson Engineering for the Baldwin Company to recommend sewer improvements necessary to convey sewage flows from the Salt Creek Basin to existing or proposed downstream sewerage facilities. The Analysis 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 wBenefit Area Fee W to finant'.e the construction of these public improvements. The study area of the Analysis includes five wpropertiesw located within the Salt Creek Basin and portions of the Otay Lake Basin. Flows from EastLake and portions of Salt Creek Ranch and Otay Ranch are tributary to the Salt Creek Basin. These flows will be pumped into the Telegraph Canyon Sewer Basin until facilities are available in the Salt Creek Basin. The Telegraph Canyon Pumped Flow Report provides for the construction of interim facilities in the Telegraph Canyon system. Flows from Hidden Valley Estates, Adjacent Properties and portions of Salt Creek Ranch and Otay Ranch are located within the Otay Lake Basin. Since the Otay Lake Basin drains naturally into the Upper Otay Lake Reservoir, development within this basin will require the permanent pumping of sewage into the Salt Creek Basin. The Analysis recommends the construction of the Salt Creek Interceptor in the Salt Creek ~ Basin and Otay River Valley to transport sewage flow from these developments to future downstream transmission and treatment facilities. Approximately 9,000 feet of the northern section of the Salt Creek Interceptor will be located within the EastLake Development Property. The Interceptor will then extend 30,500 feet within the Otay Ranch Property from the southern end of the EastLake Development to approximately 1,500 feet east of the Otay Valley Road. The approximate location of the Interceptor is shown on the enclosed map. The exact location of the Interceptor will be determined during the design phase. The exact environmental impacts of the sewer construction will be more easily identified at that time. A public meeting was held on October 18, 1993, to discuss the final Analysis and staff recommendations for establishing the fee. Although all known developers and property owners were notified of this meeting, Bruce Sloan of the EastLake Development Company was the only representative to attend. The copy of the Analysis provided with this application is curreutly being updated. The Gcneral Plan for the Otay Ranch was adopted on October 28, 1993. This Analysis was prepared in September 1993 and therefore will be revised to reflect die Land Use information adopted in the General Plan. ~ (aYIQISUPP.IS) ~ J?-&tJ _~_' -1~.- .... ~ . .. .. e ..... --. ... ~. ., -'-.. .-'. -... 'I""'-"~ ..... .._..................~.-.--.'-...... . OT A Y RANCH TECHNICAL REPORTS Volume I .City of Chula Vista General Plan and EIR .County of San Diego General Plan and Subregional Plans Notices of Preparation (NOP) of Environmental Impact Reponi Public Comments on NOP (November 9 and December 13, 1989) Otay Ranch Goals. Objectives. and Polices (December 11. 1989) Otay Ranch Citizens' Advisory Committee Recommendations, to Interjurisdictional Task Force (June 1992) Otay Ranch Issue Papers 6.1 Road System Issue Paper (July 23.1991) 6.2 Village Character Issue Paper (August 1. 1991) 6.3 Roads Crossing Otay Valley Issue Paper (October 7. 1991) 6.4 Otay Valley Regional Park Issue Paper (December 10.1991) 6.S Development Around Lower Otay Lake Reservoir Issue Paper (February 7, 1992) 6.6 Central Proctor Valley Issue Paper (February 7.1992) Volume II 1. 2. 3. 4. S. 6. 7. Otay Ranch New Town Plan (October 30. 1989) . Volume III . Water Resourcl!s Infrastructure w' - ... . .0 22. 23. --...,/ 24. 2S. -- ltfllll~MtO 8. Lower Otay Reservoir Urban Runoff Protection Repon (May 1990) 9. Otay Ranch Upper and Lower Otay Reservoirs Hydrology Analysis for the Urban Runoff System (March 21,1990) . 10. Draft Master Plan of Reclaimed Water (May 1990) 11. Draft Master Plan of Water and Sewer (March 1992) 12. Otay Ranch Master Drainage Study (August 1991) · Appendices Volume IV . Biology 13. Biological Resources Survey Repon (September 1989) . 14. Sensitive Faunal Elements oflhe Vemal Pools ofOtay Ranch (May 6.1990) 15. Sensitive Plant Species Survey Repon (August 24,1990) 16. Botanical Resources Report. Rare Plant Survey. Sprhig 19.90 (December 13. 1990) 17. Biological Resources Inventory Repon (February 20, 1991) 18. Responses to Data Gaps (November 1991) 19. Report on the FloraofOtay Ranch Vernal Pools (March 12.1992) 20. Wildlife Corridor Study: Phase I Repon (January 1992) 21. Raptor Management Study (July 1992) Volume V Otay Ranch Resource Sensitivity Analysis (June 12. 1991) Otay Ranch Resource Management Plan (July 1992) Long Range Master Plan for Educational Facilities (March 1992) Hazardous Substance ConUlmination Investigation (April 4,.1989) ~ 17;--"/ 1 .......... -'~~ .-.-" ..- .._---. .....-. .... ~ .~. --~"-- -"""'\. ....-... """\ Volume VI .... 26. Preliminary Geotechnical Investigation (December 30. 1987) Volume VII 27. Otay Ranch Implementation Plans (June 1992) Volume VIII :i8. Maximizing Eco-nomic Sustainability (October IS. 1990) 29. Macroanalysis of the Three Development Alternatives for the Otay Ranch (February I, 1991) 30. CulruraJ ResoW'Ces Technical Report (July 1992) Volume IX 31. Transponation Technical Report (July 1992) ...... , , , ~- · These documentS are available for review at the following locations: Chula Vista Public Library Otay Ranch Project Office County of San Diego Department of Planning and Land Use Library Bonita-Sunnyside County Library Casa De Oro County Library Spring Valley County Library Rural Fire Protection Disoict, Jamul ""'" -' ""'" " ~ /7--j,.;2 110150010 2 E. utes 8, 1994 ge 4 ~ xh.i.W ~ CouDcilmember Fox questiooed if it was !be City's inleDt to defer aoa II !be PllDaiDg ComIIIiuioa level. Robert Leiter, Director of PllDaiDg. respooded lbal!bey _ted !be Board to defer aoa uotilllaff bid aD opporlUDity to co_t to !be PIaDDiD. Commiuioa so lbe CO_Is could be iDcorponted into !be record. CouDcilmember Moore stated a Ietler 10 Supervisor Bilbrey and !be Chair would be appropriale. . . END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RF.l ATED RESOLUTIONS AND ORDINANCES 10. PUBLIC HEARING CONSIDERING ORDINANCE ESl'ABLISHING TELEGRAPH CANYON SEWER PUMPED tLOWS DEVELOPMENT IMPACT FEE (Dm TO PAY FOR SEWER IMPROVEMENTS WITHIN TELEGRAPH CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER BASIN - On 10120/92, !be City established lbe Telegrapb Canyon Sewer DeveloplDellt Impact Fee. Baaed OIl the 'TeJagrapll CanyOll Sewer Buin ImprovelDellt and FiDancing Plan .u-dlDelltlllcorporaling Pumped Plows" a fee of $560 per pumped Equivalent Dwening Ullit (EDU) should be _blisbed. Staff recom...-d. CoUDcil place !be ord;..."r~ OIl first reading. (DireclOr of Public Works) Continued from the meetin& of 1/15/94. ORDINANCE 2582 ESI' ABLlSHlNG THE TELEGRAPH CANYON SEWER PUMPED tLOWS ~VELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER WmtOVEMENTS WITIUN THE TELEGRAPH CANYON SEWER BASIN IF SEWAGE IS DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUILDING PERM""S FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED tLOWS BASIN (lint readirur) Jolm Lippitt, Director of Public Works, gave a brief review of lbe project. The item bid been continued _ani times and starr bad met wilb !be developers on the project. Starr folt it was a planlbal would work and DOl iDcIease lbe cost 10 the existing property owoers. Councilmembar Moore refened to page 1-2, fourtb parIIgrspb, ".... about a mile and one quarter of _ line is being required. and stated that staff bad indicated it was a CODtin,ency plan. Mr. Lippitt stated it meantlbal lbose lines would bave to be built to lbal exleDd should !be otber lilies DOl come forward as lbe areas were built. Councilmember Moore Cj1*lioaed if lbere would be an _lDeIIt to !be r-t property 0WD0rII. Mr. Lippitt mponded tbIl it was not an _t, it would eitber be a fee paid by the devoIoper or a Iett<< of credit. Staff felt because tbere were oaIy two or three developers in tbIl _ it would be a Ietler of credit mecballiSlll and tbere really would DOl be a fee paid. This bein,!be time and place as advertised, !be public bearin, was declared open. There hein, DO public leslilDODY, !be public bearing was closed. ORDINANCE 2581 OFFERED BY COUNCILMEMBER MOORE, nacIiIIc of tile text was wai.., pused and appro.. .....1 with Nader absen&. .. II. PUBLIC HEARING PROPOSED FORMATION OF OPEN SPACE DISTRICT NUMBER 31, TELEGRAPH CANYON ESI' ATES - On 1125/94, Council approved !be Eosin-'s Report OIl !be proposed Open Space District Number 31. ToIepph CanyOll Estates and eel 3/8/94 and 3/1S/94 as !be dales for !be public bearin,s ~.A"==I/7'--" ;J \ Minutes March IS, 1994 Paee 4 e """\ expertise would contribute materially, 10 solicit their input on the issues that were raised by the SDG&E project.. . Mayor Nader felt the inteot was to lake a position that those concerns needed to be addressed in a manner consistent with protectine the quality of life of the citizens before the project was allowed to eo forward. The City was not lakine a position qaiost any project by SOO&E reeardless of what they may be able to do to address the concerns. The City would be lakine a position that there were concerns they wanted the EnerllY Commission to address before proceedine with the project. Councilmember Moore felt the motion was primarily to obtain appropriate data sufficient to make a policy position reeardine the particular project as it affected the City and its property owners and occupants. Councilmember Rinclone felt the emphasis of the letter sbould be on the local issues. It was bis understandine that SDG&E had temporarily withdrawn their application with the PUC and part of that may be that they were exploring other options. If there were other alternatives or methods the City needed to focus attention on that. Mayor Nader stated he was unaware of what the alternatives or methods would be and so bis intent was to aeod a lelter right away explicitly describing what the issues were and asking the PUC to address those and that there would be follow-up comments to the Preliminary Assessment. The thrust of the lelter was to bighlighlthe three areas of concern listed in the motion. VOTE ON MOTION: appl'O.ed unanimously. '"'" · · · Council recessed at 9:45 p.m. and recon.ened at 9:56 p.m. . . . 6. ORDINANCE 2582 ESrABLISHING THE TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER IMPROVEMENTS WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEW AGE IS DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUD..DING PERMITS FOR CONSTRUCTION IN THE TELEGRAPH CANYON SEWER PUMPED FLOWS BASIN (second readinl! and adoDtionl - On 10/20/92, the City established the Telegraph Canyon Sewer Development Impact Fee. Based on the 'Teleeraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows' a fee of $560 per pumped Equivalent Dwelling Unit (EDU) abould be establiabed. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 7. ORDINANCE 2590 AMENDING SCHEDULE X, SECTION 10.48.050 OF THE MUNICIPAL CODE. DECREASING STATE LAW MAXIMUM SPEED LIMITS IN CERTAIN AREAS AND AFF1RMING A SPEED LIMIT OF 30 M.P.H. ON OXFORD STREET FROM BROADWAY TO THE CUI.- DE.SAC AT THE WEST END, AND ADDING THIS LOCATION TO SCHEDULE X enn! readiMl _ In response to a request from the Police Department and in the interest of minimizing traffic hazards and DOGeestion for the purpose of the promotion of public safety, the City Eneineer determined on the basis of Traffic Engineerine studies that there was a need to post a speed limit of 30 MPH on Oxford Street from Broadway to the Cul-de-Sac 1,335 - of Broadway. Staff recom""'Dd. Council place the ordinance on first readine. (Director of Public Works) 8.A. RESOLtrrlON 17414 TERMINATING LEASE AGREEMENT WITH THE ASSEMBLY RULES COMMITTEE AND APPROVING LEASE AGREEMENT WITH THE SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE B) TO SENATOR STEVE PEACE. A two-year acreement for office space (Suite B) leased to the Asaembly Rules Committee (for Steve Peace) i. acheduled to expire in November 1994. With the recent election of Mr. Peace to the California State Senate, tbe lease ae_t for bis office space needo to be chaneed to the Senate Rules """\ ~ J7-~?Y IE 1hi.bi.+ 5 . ORDINANCE NO. 2582 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE TELEGRAPH CANYON SEWER PUMPED FLOWS DEVELOPMENT IMPACT FEE TO PROVIDE FOR THE CONTINGENT CONSTRUCTION OF SEWER IMPROVEMENTS WITHIN THE TELEGRAPH CANYON SEWER BASIN IF SEWAGE IS DIVERTED FROM SALT CREEK AND POGGI CANYONS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION INTHETELEGRAPH CANYON SEWER PUMPED FLOWS BASIN WHEREAS, developers of land within the City should be required to mitigate the burden cr.ated by dev.lopm.nt through the construction or improvement of sewer faciliti.s within the boundari.s of the d.velopm.nt and either the construction or improvement of sewer facili- ties outside the boundaries of the development which ere needed to provide IIrvice to the d.velopment in accordance with City standards or the payment of a fee to finance a development's appropriate portion of the totll cost of the sewer facilities; and, . WHEREAS, all develoPl1lent 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 lncIustrial land in the development; and, . WHEREAS, the Telegraph Canyon Sewer Pumped Flows Besin (-Pumped Flows Besin-) is that area of land shown on the map attached hereto as Exhibit -2- (Exhibit 1 omitted) which map is generally comprised of those portions of Poggi Canyon and Salt Creek drainage basin within the City of Chula Vista, or its sphere of influence, from which wastewater will be collected and pumped into the Talegraph Canyon Sewer Besin (-Gravity Besin-); and, WHEREAS, the City d.slres and desired to oversize the Gravity Besin sewer faciliti.s as a backup plan in order to accommodate sewage flow from the Pumped Flows Besin in the event that flows from the Pumped Flows Besin, in combinetion with the Gravity Basin flows, exce.d the capacity of the Gravity Besin sewage system before adequate altemete sewage facilities (gravity drainege, treatment plants, reclamation plants, ate.) are aveilablein the Salt Creek and Poggi Canyon drainage basins to handle the Pumped Flows; and, WHEREAS, this wes and Is Intended to be a -backup plan- Inasmuch as the City axpects that the fiows in the Pumped Flows Besin will, with the construction of the nec....ry sewer faciiities (-Poggi CanyonlSalt Craek Facilities-', eventually drain by gravity flow into the Poggi Canyon and Salt Creak Sawer Basins (-Poggi CanyonlSalt Creak Sewer Gravity Besins-', and then into the Otay Valley; and, WHEREAS, at such time as it appears, in the sole discretion of the City Council, that such Poggi CanyonlSalt Creek Facilities are imminent of construction, It is the intention of the City Council to terminete the impositlon of this Development Impact Fee, and further, et such time and in such manner as the City Council, in its sole discretion, determines to be fair and ~ /?-~~ .Ordinance No. 2582 Page 2 """'" equitable return any unused funds to the property owners existing at that time of the properties for which the fee was collected initially; and, WHEREAS. on February 25. 1992 the City Council passed Resolution No. 16518 approving an amendment to the agreement between the City of Chula Vista and Willdan Associates for preparation of said Backup Plan. therein referred to as the "Amended Plan"; and. WHEREAS. on February 25, 1992 the City Council passed Resolution No. 16519 approving the First Amendment to the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement to provide that EastLake should pay for tha praparation of the "Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pumped Flows" ("Backup Plan"). WHEREAS. pursuant to said agreement with Willdan, Willdan Associates have prepared a proposed Backup Plan dated June 9. 1993 for approval by the City Council (herewith done); and, WHEREAS, on September 21, 1993a public meeting was held betwean Staff and the developers of developments located within ttle Pumped Flows Basin to discuss the final Backup Plan and City Staff recommendations for establishing the Telegraph Canyon Sewer Pumped Flows Basin Development Impact Fee; and, WHEREAS. on December 7, 1993 a Public Hearing was opened but not completed before the City Council to provida an opportunity for interested persons to be heard on the approval of the Backup Plan and establishment of the Telegraph Canyon Sewar Pumped Flows Fee; and, ~) WHEREAS. said hearing was continued various times the final one of which was to February 15, 1994 (hereinafter referred to as the "Public Hearing"); and, WHEREAS. the proposed Backup Plan determines that new development within the Pumped Flows Basin will create adverse impacts on the City's axisting sewer facilities within the Gravity Basin (to wit. that the sewagaaxpected to be generated from new development within the Pumped Flows Basin. when combined with the sewage flows from the Gravity Basin. will exceed the capacity of tha current sewer system In the Gravity Basin). These impacts must be mitigated by tha financing and construction of certain sewer facilities identified in this ordinance; and, WHEREAS, seid proposed Backup Plan (1 ) includes an estimate of ultimate sewer flows anticipated from the Pumped Flows Basin; (2) recommends Improvements to handle the combined incremental increases of sewage flow anticipated from the Pumped Flows Basin and from the Gravity Basin; and (3) establishes a fea payabie by persons obtaining building permits for developmants within the Pumped Flows Basin benefiting from Gravity Basin trunk sewer Improvements; and. '"""\ ~ / )-~?- Ordinance No. 2582 Page 3 . WHEREAS. sewer improvements and a fee to be levied on new development in the Pumped Flows Basin have been justified in the proposed Backup Plan; and. WHEREAS. the City Council determined. bend upon the avidence presented et the Public Hearing. including. but not limited to. the Backup Plan and the various raports 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 Telegraph Canyon Sewer Pumped Flows Basin In the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public sefety 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 estimeted cost of providing the public facilities. NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Approval of Backup Plan. . The City Council has independently reviewed the proposed Backup Plan herewith presented. finds that it is fair. reasonable and equitable to all parties. and herewith adopts seme In the form on file with the City Clerk as Document No. , and on file in the Office of the City Engineer. SECTION 2. "Facilities" . The facilities which are the subject maner of the fee herein established ere fully described in the Backup P1en at page 24 thereof. and the locations at which they will be constructed are more fully described on Plates 1 through 14 under the section thereof entitled "Improvement Locations", all of which facilities may be modifiad by the City Council from time to time by resolution ("Facilities"l. The City Council mey modify or amend the list of projects herein considered to be part of the Facilities by wrinen resolution in order to melntain compliance with the City's Capital Improvement Program or to reflect changes In land development end astimated and actual westewater flow. SECTION 3. Territory to Which Fee Is Appliceble. , . The area of the City of Chula VISta to which the Fee herein established shall be eppliceble Is lit forth II an ExhIbit to the Backup Plan. entitled -Developmenta Subject to Pumping (Pumped Flows Besinl. Telegraph Canyon Sewer Besln, Improvemant end Financing Plan Amendment. Incorporating Pumped Flows," shown as being "Prepared: June 23. 1893" not yet revised. ahell be referred to herein II the "Territory" or alternatively ~J?-t? Ordinance No. 2582 Page 4 ~ , "Pumped Flows Basin" and is generally described as that area to the East of the Telegraph Canyon Sewer Basin, within the Salt Creek and Poggi Canyon Basins. SECTION 4. Purpose. By Ordinance No. 2533, the City Council approved a plan ("Gravity Basin Plan") for the financing and construction of the sawer-related facilities necessary to serve only the sewage transmission demands for the EDU's in the Gravity Basin. The purpose of this ordinance is to provide the necessary financing to oversize such sewer-related facilities in the Telegraph Canyon Sewer Gravity Basin, as defined in Ordinance No. 2533, Section 2, Tarritory ("Gravity Basin"), to accommodate sewage flows pumped into the Gravity Basin from the Pumped Flows Basin. SECTION 5. Establishment of Fee. A development impact fee ~"Fee"), to be expressed on a per Equivalent Dwelling Unit I"EDU") basis, and payable prior to the issuance of a building permit unless security therefora by Letter of Credit, as herein permitted, is on deposit with the City, for a development project within the Territory, is hereby established. i I SECTION 6. Due on Issuance of Building Permit; Exception for Letters of Credit Procedure. A. When Payable. The Fee shall be paid in cash upon (early payment is not permitted) the issuance of a building permit, except as provided in subparagraph B. B. Letter of Credit. A building permit may Issue without the payment of the Fee in cash if (use of the following procedure shell herein be raferred to as the "Letter of Credit Procedure") the Property owner of the property for which the building permit is sought, or her/his predecessor In Interest. has pieced on deposit with the City Engineer at or prior to the time a final subdivision map is approved by the City for the units which would otherwise be subject to the Fee on the Issuance of a building permit. a letter of credit in a form accepteble to the City Attorney and which. at a minimum. provides for the following: (1 ) The Letter of Credit shell be irrevocable until releesed in writing by tha City In the manner herein provided. It shell also apecifically provide that a change of ownership of the property for which the Fee Is payable shall not be a besis for releasing or ~ ~J7-~~ Ordil\ll1Ce No. 2582 Plge 5 . cancelling the Letter of Credit. (2) The Letter of Credit shall be for I term not less thin 3 yelrs unless a shortlr term Is allowed by the City Attorney in conjunction with the City Engineer. (3) The Letter of Cradit shall provide that at the axpirltion of the Term, the bank Issuing the Letter of Credit shall PlY the full amount over to the City unless the Term thereof is extended or the obligltion excused by written direction of the City Attorney and City Engineer. (4) The Letter of Credit shall provide that the City mlY unconditionelly drlw on III or pert of the Amount on demlnd by the City by written notice thereof Ind without offering Iny other justifiCltion or documentltion (Authority for drlws on the Letter of Credit IS between the City Ind the Beneficilry is hereinbelow provided). . (5) The Letter of Credit ahell initillly be in I minimum Imount IS determined by Ipplying the rite of the Fee times the number of Equivllent Dwelling Units ("EDUs") within the territory of the Finll Mlp. Such amount shall be increlsed or decrelsed from time to time IS the rete of the Fee il Idjusted by the City Council. C. Right of City to Drlw on the Letter of Credit. The City mlY exercise its right to drlw on the letter of credit in Iny of the following clrcumstlnces. . (1) The property owner who would otherwile be responsible for Plying the Fee hereunder fails to maintain the Letter of Credit in the minimum amount required by thil Ordinlnce, in which clSe the full Imount of the Letter of Credit may be drlwn upon by the City. (2) The City determinel, in Its sole discretion, that all or I portion of the Letter of Credit" neC8lS1ry to plen, dellgn or construct, or otherwise essist in the planning, design or construction of, III or I portion of the Facllitiel, In which case the City "Iuthorized to drlw, for aach such FICility, or portion thereof, from time to time .. pllMing, design Ind construction proceedl, an Imount which repraaenu the antire actual cOlt of the Flcillty, Including extrl work Ind overruns, timll I friction, the numerltor of which equall the utimlted coati of the Flcility to be borne by the Pumped Sewlr Flows, II set forth in the Ietest Engineer'l Report updlting the DIF, and the denominator of which represents the ~ /7-t-( Ordinance No. 2582 Page 6 ~ total cost of the Facility as estimated in the latest Engineer's Report updating the DIF. (3) The property owner otherwise responsible for the payment of the Fee tekes any act or suffers any act, or the bank on which the Letter of Credit is drawn takes any act or suffers any act, which, in the sole opinion and discretion of the City, creates a raesonable risk that the Letter of Credit may not be honored on demand by the City, in which case the City is authorized to draw on the Letter of Credit in such an amount as the City datermines is necessary to avoid the risk of loss. D. Release of the Letter of Credit by City. The City shall issue to the Bank written relaase of the Letter of Credit, or such appropriate portion thereof, in any of the following circumstances: (1) The beneficiary has constructed, or caused to be constructed, to the satisfaction of the City, the Facilities or portion thereof agreed to by the City in accordance with the procedures for developer construction hereinbelow set forth in Sections 12 and 13. · (2) The City Council has determined, in its sole discretion, that such Poggi CenyonlSalt Creek Facilities are imminent of construction. ~ E. Remedies of City if Letter of Credit procedure violated. In the event that a draw on the Letter of Credit is not honored on demand as herein provided, the beneficiary (e.g., the Developer) of the Letter of Credit shall immediately deposit with the City the full amount thereof in cash, which shall be deemed to be a debt immediately due and payable of the beneficiary, and upon the failure to do so, the City is authorized among other remedies, to institute litigation and to withhold approval of any additional permits or other entitlements. SECTION 7. Determination of Equivalent Development Units. Each single family datached 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 .75 EDU. Every other commercial, Industrial, non-profit. public or quesi-public, or other usege shall be charged at a rate calculated in accordance with Figure &, Page 9 of the Backup Plan. SECTION 8. Time to Determine Amount Due; Advence Payment Prohibited. Unless the Lettar of Credit Procedure is used, the Fee for each development ~ ~)7~?f) Ordinance No. 2582 Page 7 . shall be calculated at the time of building permit issuance and shall be the amount as indicated at thlt time and not when the tentative map or final map was granted or applied for, or when thl building permit plan check was conducted. or when application was made for the building permit. If the Letter of Credit Procedure Is used, the amount of the Latter of Credit shall be determined at the time the Final Map is approved and shell be adjusted from time to time as the City determines appropriate. SECTION 9. Purpose and Use of Fee. The purpose of the Fee is to pey for the planning (including preparation of the Beckup Plan), design, construction, repair, maintenance, 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 perties for advancing costs actually incurred for planning. designing, constructing, or financing the Facilities. . SECTION 10. Amount of Ae; Amendment of Mister Fee Schedule. The Fee shall be calculated at the rate of .560 per EDU. Chlpter XV of thl Master Fee Schedule is hereby amanded to add Section 8. which shall read as follows: .8. Telegraph Canyon Sewar """'ped Flows Development Impact Fee. This section Is intended to memorlaliza the key provisiOns of Ordinance No. _, but seid Ordinanca governs over the provisions of the Master Fae Schedule. For elCllmple, In the avent of a conflict In interpretation between the Mester Fea Schedule end the Ordinance, or in the avent thet additional rules applicable to the imposition of the Fee. the language of the Ordinance governs. . a. Tarritory to which Fee applicabla. The erea of the City of Chula Vlata to which the Fae herein established shell be applicable Ia set forth as an Exhibit to the BackUp Plan, antitled -Developments Subject to Pumping (Pumped Flows Basin), Telegraph Canyon Sewer Besin, Improvement and financing Plan Amendment, Incorporating Pumped Flows. - ehown as being -Prapered: June 23. 1993. not yet revised, shell be referred to herein IS the -rerritory. or alternatively -Pumped Flows Basin- and Is generally described as that area to the East of the Telegraph Canyon Sewer Besin, within the Salt Creek and Poggi Canyon Basins. .-5-.?f )7-?/ Ordinance No. 2582 Page 8 b. Rate per EDU. "'""'\ The Fee shall be calculated at the rate of .560 per EDU. which rate shall be 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 .76 EDU. Every other commercial. industrial. non-profit. public or quasi-public. or other usage shell be charged at a rate calculated in accordance with Figure 6. Page 9 of the Backup Plan. d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of e building permit. except that a Letter of Credit Procedure is permitted for this Fee in the adopting Ordinance. as same may. from time to time. be amended." , 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 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 Index; 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. Adjustmants to the above Fee may be made by resolution amending the Master Fee Schedule. '"""" I SECTION 1 1. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shell be deposited into a public facility financing fund I"Telegraph Canyon Sewer Besln Pumped Flows Development Impact Fee Fund". or eltematively herein "Fund" or "TCSBPF DIF Fund"' which is hereby created and such proceeds shell be expended only for the purposes lit forth in this ordinance. The Director of Finance is euthorized to esteblish verious account. within the Fund for the Facilities identified in this ordinance and to periodically make axpenditures from the Fund for the purposes lit forth herein In accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. '"""" I ~/?~?;2. . SECTION 12. . SECTION 13. SECTION 14. . Ordinance No. 2582 Page 9 Revision and Refund of Fees. A. Suspension. At such time (-Gravity Access Point In Time"' as e percel of property within the Territory 1a.1n the opinion of the City Engineer. able to obtein ..wer ..rvice by virtue of gravity ..wer ..rvice available In the Salt Creek or the Poggi Canyon Basins. the Fee for such parcel ahall be suspended. B. Refund. If the Fee has .Iready been paid in cash for the percel. the Fee ahall be returned to the owner or owners of the property .t the time tha Council paases . written resolution cartifying the completion of the entira planned PoggiJSalt Creek F.cilities for the PoggiJSalt Creek Sewer Gravity Basin system. and then to each owner In . manner deemed fair and equitable by the City Council. In the .b..nce of an alternative determination of fairness by the City Council. . refund which divides the remaining unused balance by the EDU's which contributed to the Fund ahall be deemed a fair method. C. Release of Letters of Credit. "the cash payment of the Fee has been avoided by . devaloper by the deposit of a Letter of Credit pursuant to the Letter of Credit Procedure herain .uthorized. the Letter of Credit ahall be ralea..d either (1'.t such time thet the City Council certifies by written resolution thet the entire PoggIJS.1t Creek Sewer Gravity Basin Facilities exists for all paru of the Salt Creak .nd Poggi Canyons or (21 .t such sooner time .s the City Council datermines that the total balance of the letters of credit Is not nec....ry to complete the planning. design .nd constrUCtion of the F.cilities (i.e.. In Telegraph Canyon Sew.r Basin). certifies the amount needed to complete construction of the Facilities. and authorizes the release of 75 '" of the remainder by written resolution. specifying the recipients of such raleased Letters of Credit In . fair .nd equitable meMer. Findings. The City Council finds that collection of the Fees established by this ordinance .t the time of the building permit Is neca...ry to ensure that funds will be .vaileble for the construetlon of f.cilities concurrent with the need for tha.. f.cllities and to ensura certainty In the capital facilities budgeting for growth Impacted public facilities. Fee Additional to other Fees and Charges. The Fee established by this section Is In addition to the requirements Impoeed by other City laws. policies or regulations relating to the ~/?~?J Ordinance No. 2582 Page 10 i construction or the financing of the construction of public improvements within subdivisions or developments, and is specifically intended to be in addition to a development impact fee for the construction of the Poggi Canyon and/or Salt Creek Sewer Gravity Basin Facilities, such that a payor of this fee may also be required to pay any development impact fea charged for such facilities. SECTION 15. Mandatory Oversizing of Facility; Duty to Tender Reimbursement Dffer. Whenever a developer of a development project in the Territory of the Pumped Flows Basin is required as a condition of approval of an entitlement (e.g., General Plan Amendment, Pre-zoning, General Development Plan, SPA Plan, etc.) to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Gravity Basin Plan to be oversized under tha Backup Plan, the City may require the developer to install the Facilities according to design specifications approved by the City, that being with the supplemental size or capacity in order to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall first grant credits against the developer's obligation to pay the Fee, and, as to any excess, 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 incurrad 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, 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 tha developer's obligation to pey the Fee. ""'"' SECTION 1 7. 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 por- tion of the Facilities in conjunction with the prosecution of a development project within the Territory (-Work-I, 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, et the option of the City, for costs incurred by the developer for the design and construction of the Facility not to axceed the estimated cost of that perticular 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 ~ ~ /7-?Y Ordinance No. 2582 Page 1 1 . to extend credits or offer reimbursement ahall be independent of the developer's obligation to pay the Fee. SECTION 18. Procedure for.Entitlement to Reimbursement Offer. The City's extension of e credit or e reimbursement offer to e developer pursuant to Section 15 or 16 above ahall 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 coats eligible for reimbursement relating to the Work. B. The request for authorization shell comaln the following information, and such other Information as may from tima to tima be requestad by tha City: (1) Detailed descriptions of the Work with the preliminary cost estimate. , . C. If the Council grants authorization, it ahall be by written agraement with the Developer, and on the following conditions among such other conditions as the Council may from tima to time impose: (1) Developer shall prepare ell p1ens and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-wey required for the Work; (31 Developer shall secure all required permits and environmentel clearances necessary for construction of the project; (4) Developer shall provide performance bonds In a form end amount, and with a surety satisfactory to the City; . (51 Developer shall pay all City fees and coats. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the coats and liabilities associated with the construCtion of the project. (7) The developer shall edvence all necessary funds to design and construct the project. ~ /?-?~ Ordinance No. 2582 Page 12 """\ (8) The developer shall secure et 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 .Fecility Project. (10) The egreement mey provide that upon determination of satisfactory incremental completion of e Fecility, as approved end certified by the Director of Public Works, the City may pay the developer progress payments, or grant incremental credits, in en amount not to excaed 75 percent of tha estimeted cost of the construction completed to the time of the progress peyment but shall provide in such cese for the retention of 25% of such costs until issuance by the City of e Notice of Completion. (11) The egreement mey provide thet eny funds owed to the developer es reimbursements mey be epplied to the developer's obligations to pey the Fee for building permits to be epplied for in the future. ~ (12) When ell work hes been completed to the utisfection of the City, the developer shall submit verificetion of peyments me de for the construction of the project to the City. The Director of Public Works shall make the finel determinetion on axpenditures which ere eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement hes been mede by the Public Works Director, the perties mey egree to offset the developer's duty to pey Fees required by this ordinance ageinst the City's duty to reimburse the developer. (14) If, efter offset If eny, funds ere due the developer under this Hction, the City shell reimburse the developer from the Fund either et the time the expenditures ere incurred or over time es FHs ere collected, et 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 thet particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due ~ ~J?-?;' . . SECTION 18. . SECTION 19. Ordinance No. 2582 Page 13 them as credit egainst future Development Impact Fee obligations. Procedure for Fee Modification Any developer who. because of the nature or type of uses proposed for e development project. contends that epplicetion of the Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development. may epply to the City Council for e modification of the Fee end the manner in which it Is calculated. The epplicetion shall be made in writing and filed with the City Clerk not later then tan 11 01 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 tha claim of modification. end shall provide an engineering end eccounting 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 reesonable efforts to consider the applicetion within sixty (601 days after its filing. The ~ecision of the City Council nil be finel. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fae Imposed by this ordinance. Fee Applicable to Public Agencies. Development projects by public agencies. Including schools. shall not be exempt from the provisions of the Fee. SECTION 20. AlSlssment District. . If any assessment or special taxing district is established to design. construct end pay for eny or ell of the Facilities (-Work Alternatively Financed-'. the owner or developer of e project may apply to the City Council for reimbursemant from the Fund In an emount equal to that portion of the cost Includad In the celculation of the Fee ettributable to the Work Alternatively Financed. In this regard. the amount of the relmbursament shall be based on the COltllncluded In the Backup ....n. .. emended from tima to tlma. and therefore. will not Include any portion of the financing cQltl ...ociated with the formation of the ,""Imant or other special tllxing district. ~ /7~77 Ordinance No. 2582 Page 14 --""\ 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 astablished by Government Code Section 54995 after the effective date of this ordinence. SECTION 23. CEOA Findings for Statutory Exemption. The City Council does hereby find that the Fee herein imposed is for the purpose of obtaining funds for capital projects necessary to maintain service within existing service areas. The Council finds that the proposed Facilities are in existing rights of way parallel to or replacing existing sewer lines. Therefore. the City finds that the adoption of this Ordinance is statutorily axempt under the provisions of Public Resources Code Section 21080 (bl (81 and CEOA Guidelines Section 15273. ~ SECTION 24. 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 thet a different meaning is intended. A. wBuilding PermitW means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. B. wDeveloperw means the owner or developer of. development. C. -Development PermitW means any discretionary permit. entitlement or approvel for e development project issued under any zoning or eubdivision ordinance of the City. D. -Development ProjectW or wDevelopmentW means any activity described in Section 65927 and 65928 of the State Government Code. E. -Single Family Attached DwellingW means a aingle family dwelling attached to another single family dwelling; .ach on their own lot. ~ ~ /7~7r- . SECTION 25. Presented by I Effective Date. Ordinance No. 2582 Page '5 This ordinance shall become effective sixty (601 days after its second leading and adoption. - . ohn P. Lippitt Director of Public Works . . Bruce M. Boogaar City Attorney . ~ /7/7/ Ordinanca No. 2582 . Page 16 PASSED. APPROVED and ADOPTED by the City Council of the City of Chuta Vista. California, this 15th day March, 1994, by the following vote: """'"' AYES: Councilmembers: Fox, Horton. Moore, Rindone. Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None - ~- -~ r.. ~ - Tim Nader. Mayor ATTEST: , / ' ~ 'L~ Beverly A Authelet, City Clerk ""'" STATE OF CALIFORNIA I COUNTY OF SAN DIEGO I ss. CITY OF CHULA VISTA I I. Beverly A. Authelet, City Clerk of the City of Chula Vista. California. do hereby certify that the foregoing Ordinance No. 2582 had its first reading on March 8. 1994. and its second relding and adoption at a regular meeting of said City Council on the 15th day of March. 1994. Executed this 15th day of March. 1994. ~(J 6Ld/& Beverly A Authelet. City Clerk 11 ~ 17-%V I I I I I I I I I I I I I I I I I I I FIN AL SALT CREEK BASIN GRAVITY SEWER ANALYSIS November 8,1994 Prepared for: The Baldwin Company 11975 EI Camino Real Suite 200 San Diego, CA 92130 Prepared by: Wilson Engineering 703 Palomar Airport Road Suite 300 Carlsbad, CA 92009 Job Number: 605-122 / 7~?( / I I I I I I I I I I I I I I I I I I I SALT CREEK BASIN GRAVITY SEWER ANALYSIS Introduction This study provides a sewer analysis for the Salt Creek Drainage Basin which is located just west of the Otay Reservoirs and east of the City of Chula Vista. A gravity sewer interceptor is proposed within the basin and in the Otay River Valley to ultimately convey flows to either the future Otay Valley Water Reclamation Plant to be located on the Otay Ranch's, Otay River Valley Parcel or to the existing Metro sewer system. The original concept of collection and disposal of the Salt Creek Basin sewage flows was to construct a temporary connection to the existing City of San Diego Otay Valley Trunk Sewer! State Prison Line located along the southerly edge of the Otay River Valley. The idea was to lease the available capacity in this line from the City for a specified time period and then construct a new line to convey flows to the proposed water reclamation plant or the Metro sewer system. However, a financial agreement with the City of San Diego could not be reached. Therefore, this report presents the recommended sewerage facilities necessary to convey flows from the upstream portion of the Salt Creek Basin to the existing 72-inch Metro sewer interceptor along the coast. The City of Chula Vista has 19.2 million gallons per day (mgd) capacity in the Metro Sewer System. Based on discussions with City of Chula Vista Engineering, the existing average daily flow from Chula Vista is 11.5 mgd; therefore, Chula Vista has approximately 7.7 mgd available capacity in the Metro Sewer. This report shows that ultimate average daily flows from future development in the study area are estimated at 7.8 mgd which is greater than the available Chula Vista capacity in the Metro System. The study area for this report consists of the Salt Creek Basin as well as a portion of the Otay Lake Basin surrounding the Otay Reservoirs. Development within the Otay Lake Basin will require permanent pumping of sewage flows I ) 7~Y)-' I I I I I I I I I I I I I I I I I I I into the Salt Creek Basin. Exhibit A at the back of this report identifies the boundaries of the study area and the proposed alignment of the Salt Creek Interceptor. As can be seen, the properties within the study area anticipated to convey flows to the Salt Creek Interceptor are as follows: 1) Salt Creek Ranch 2) Eastlake (Business Center, Greens, Woods, Vistas, Trails and Olympic Training Center) 3) Otay Ranch (Otay River Valley, Proctor Valley and San Ysidro Parcels) 4) Adjacent Properties The purpose of this report is to determine the ultimate size of the Salt Creek Interceptor based on projected peak flows from the above properties and determine a pro rata cost share for the contributing properties. It is expected that this information will be used by the City of Chula Vista to create a Benefit Area Fee to fund construction of the Salt Creek Interceptor. Desilm Criteria The design criteria utilized for analysis of the proposed Salt Creek Interceptor are in accordance with those used by the City of Chula Vista. Table 1 presents the generation factors used to project sewage flows from the study area. 2 17~?5) I I I I I I I I I I I I I I I I I I I Table 1 Sewage Generation Factors R e siden tial Single-Family Multi-Family 280 gpd/ unit 210 gpd/unit 2,500 gpd/ acre Commercial Schools 1 Elementary Jr. & Sr. High School 15 gpd/ studen t 20 gpd/ student 2,500 gpd/ acre 500 gpd/ acre Churches Parks I Schools planned for Olay Ranch utilized 1,000 gpd per gross acre. The peaking factor curve (CVDS 13) provided in the City of Chula Vista Subdivision Manual was used to convert average daily flows to peak wet weather flows; a copy of CVDS 13 is contained in the Appendix. All new gravity sewers have been designed to convey peak flow. For pipes with a diameter of 12-inches and smaller, the sewers have been designed to convey this flow when flowing half full. For pipes with a diameter of IS-inches and larger, the sewers have been designed to convey peak flow when flowing three- fourths full by depth. All new sewers were designed to maintain a minimum velocity of two feet per second at design flow to prevent the deposition of solids. The analysis to size the proposed Salt Creek Interceptor utilized Manning's equation with an 'n' value of 0.013. 3 /7'Y--Y I I I I I I I I I I I I I I I I I I I Proiected Sewa2e Flows This section presents the projected sewage flows from the study area based on the criteria established in the previous section. The latest land use information for all contributing properties was used in estimating projected flows in the Salt Creek Interceptor. Table 2 presents a summary of the projected sewage flows from the contributing properties in the Salt Creek Basin study area. Table 2 Projected Sewage Flows From Salt Creek Basin Study Area Salt Creek Ranch Otay Ranch Otay River Valley Parcel Proctor Valley Parcel San Ysidro Parcel ""......".,..,.._,_._,-,-,-_.." "-"":,-:,_,,::_,,,:,::-,'-,,,::":,,";:-,;,;,-,:,'..-", . Average< Flow;gpd 319,585 4,410,140 1,254,910 249,280 Eastlake Business Center Greens 71,400 340,750 171,640 219,380 384,410 282,532 Woods Vistas Trails Olympic Training Center 87,920 4 J7~Y5 I I I I I I I I I I I I I I I I I I I Information on projected flows from Salt Creek Ranch was taken from the Wilson Engineering, Master Plan of Sewerage for Salt Creek Ranch, dated January 1993. Information on projected sewage flows from Otay Ranch were taken from the October 28, 1993 Master Plan of Sewerage for Otay Ranch prepared by Wilson Engineering. The Wastewater Master Plan prepared for the Eastlake Development Company by NBS/ Lowry dated May 1990 was used for Eastlake. A site utilization plan was used to revise the portion of flows in Eastlake Greens and the Business Center tributary to the Salt Creek Basin; a copy of this map is included in the appendix. Note that the NBS/ Lowry Master Plan flow projections for Eastlake were revised for this report to match the residential sewage generation factors presented in Table 1; the May 1990 Eastlake Wastewater Master Plan utilized 80 gpcd and population densities ranging from 1.7 to 3.0 persons per unit. The Issue Paper Project Team Proposal (dated January 8, 1992) was used for the adjacent properties around Otay Ranch and Salt Creek Ranch expected to contribute flow to the Salt Creek Interceptor; a copy of this is included in the Appendix. The calculations used to project sewage flows within the study area are contained in the Appendix at the back of this report. 5 ) Jr%,y I I I I I I I I I I I I I I I I I I I AnalYsis and Results The Salt Creek Interceptor was broken down into a total of nine reaches from the southern boundary of Salt Creek Ranch to the existing 72-inch Metro sewer interceptor as shown on Exhibit A. An attempt was made to divide the reaches at points of slope change and where a significant amount of sewage flow from the properties would be contributed. For each reach, the tributary area is shown to identify the properties which contribute flow to that reach. Although not shown, the eastern portion of the Otay Ranch, San Ysidro Parcel is included within the Reach 2 tributary area. Table 3 presents a summary of sewage flows by reach from the various properties. Table 3 Summary of Sewage Flows for The Salt Creek Interceptor 1 319,585 625,540 157,220 87,920 1,190,265 2 878,650 579,180 2,648,095 3 112,000 733,712 3,493,807 4 361,960 3,855,767 5 227,420 4,083,187 6 1,582,275 5,665,462 7 453,340 6,118,802 8 1,673,145 7,791,947 9 7,791,947 6 17.'67 I I I I I I I I I I I I I I I I I I I It is anticipated that flows from the northern section of the Otay Ranch Proctor Valley Parcel and the adjacent properties will be pumped around the north end of Upper Otay Reservoir through Salt Creek Ranch and into Reach 1. The remainder of the Proctor Valley Parcel and San Ysidro Parcel of Otay Ranch will be pumped around the north end of Lower Otay Reservoir and into Reach 2. The Eastlake flows were input into Reaches I, 2 and 3 based on information in the NBS/Lowry Master Plan. The only flows added from Reach 4 to 8 are from the Otay Ranch, Otay River Valley Parcel. Reach 9 is proposed as a parallel line to the existing City of San Diego line and would only be built if flows must be conveyed to the Metro sewer system via a new trunk sewer. Table 4 presents the Salt Creek Interceptor analysis. The minimum slope for Reaches 1 through 4 was estimated using USGS, 2000-scale, 7.5 minute series quadrangle maps based on the natural topography; the slope of 0.23 percent used for Reaches 5 through 9 is the minimum slope of the existing trunk sewer through the Otay River Valley. It is possible based on final design of the interceptor that actual slopes may allow a decrease in the line size of some of the reaches. Table 4 Salt Creek Interceptor Analysis .. ...,.",-",,,..,,. .",.",......."... ",',,",. "..,'", ..'."," ''',,''''','''' ...".".. -".. ..",."......"",_,..""........""". ,_",n"....""........."..... ,. ...Average.. .Peakbi.g... . FIow;mgd . . Factor ... ":_":'""""_'_""""_"',"":_>.'" 'c,:_,:::",,_,,'_"''''',,_,;:_:,_;_;;::';';'';':':';',','",:'::':.,.. . . Peak ... ...Requh'ed. . Flow~mgd.. . Size 1 2 3 4 5 6 7 8 9 0.70 1.19 1.84 2.19 15" 1.10 2.65 1. 70 4.51 18" 0.78 3.49 1.68 5.86 21" 0.95 3.86 1.66 6.41 21" 0.23 4.08 1.65 6.73 30" 0.23 5.67 1.63 9.24 30" 0.23 6.12 1.62 9.91 30" 0.23 7.79 1.62 12.62 36" 0.23 7.79 1.62 12.62 36" 7 J7~r6 I I I I I I I I I I I I I I I I I I I The results of our analysis are shown on Exhibit A with the required size shown adjacent to each reach. The recommended sizes range from 15 to 36-inch. Note that the required sizes shown for each reach except Reach 1 have sufficient excess capacity to handle the 1.2 mgd fail-safe capacity which the Otay Water District needs for their reclamation ponds located north of Salt Creek Ranch. Reach I would need to be an 18-inch line in order to convey the 1.2 mgd fail-safe capacity and satisfy the depth to diameter ratio criteria (0.75); however, this report recommends a 15-inch line which can accommodate the peak flow (2.19 mgd) plus the 1.2 mgd fail-safe capacity based on a depth to diameter ratio of 0.80. Citv of San Diel!o Otav Mesa Transmission Svstem As mentioned in the introduction to this report, the City of San Diego was contacted in 1990 regarding the purchase of capacity in the existing Otay Mesa Transmission System. The Otay Mesa Transmission System consists of the Otay International Center (OIC) Trunk Sewer/Pump Station and the Otay Valley Trunk Sewer/Prison Line. Although a financial agreement could not be reached in 1990, a "Sewage Transportation Agreement" between the City of San Diego and the Spring Valley Sanitation District dated July 14, 1992 indicates that the alternative to connect Reach 8 to the Otay Valley Trunk Sewer/Prison Line could be pursued. In order to utilize these facilities, a "Sewage Transportation Agreement" would have to be entered into with the City of San Diego to obtain capacity in these existing facilities. The cost to purchase capacity in the Otay Valley Trunk Sewer/Prison Line is calculated based on $805.88 per EDU plus 6 percent compound interest from March 12, 1994 as shown on Exhibit "B" (see Appendix) of the July 14, 1992 agreement with Spring Valley Sanitation District. These reimbursement charges are established in the Otay Mesa Facilities Participation Agreement adopted September 30, 1985 by the City of San Diego per Resolution No. R-264173. There are additional costs for transportation charges and repair costs which would apply to the portion of the sewerage system utilized. Such an agreement could be entered into with the right to disconnect from the trunk lines provided a thirty-day notice is given to the City of San Diego. However, it is not likely that the City would 8 /7-1)/ I I I I I I I I I I I I I I I I I I I agree to temporary capacity in the Otay Valley Trunk Sewer/Prison Line and, therefore, there would be no refund for EDUs disconnected. Financial Analysis The Salt Creek Interceptor is a facility necessitated by growth and should be borne by future development. A straightforward approach toward financing the future construction of the Salt Creek Interceptor is to create a Benefit Area Fee for each benefiting equivalent dwelling unit (EDU) which will contribute flow. It is anticipated that the Salt Creek Interceptor will be constructed and accordingly financed in phases. Reaches I and 2 are located within the Eastlake Woods and Trails and are likely to be built with development of these projects prior to the construction of the downstream reaches. Flow in Reaches I and 2 will be temporarily pumped into the Telegraph Canyon Basin. Reaches 3 through 8 are located on the Otay River Valley Parcel of Otay Ranch and probably will not be built until either a) the Otay Valley Water Reclamation Plant is scheduled for construction, b) Reach 9 is constructed, c) an agreement is reached with the City of San Diego for use of the Otay Valley Trunk Sewer/Prison Line or d) the Telegraph Canyon Trunk Sewer is over capacity. The intent of the Benefit Area Fee is to establish a dollar amount per EDU to finance construction of the Salt Creek Interceptor. The developments which temporarily pump flows into the Telegraph Canyon Trunk Sewer must pay their share of Benefit Area Fees up front. This will create monies which will assist the developer or developers required to construct the interceptor when the Telegraph Canyon Trunk Sewer is at capacity or the reclamation plant is constructed. Table 5 presents a cost estimate for construction of the Salt Creek Interceptor with a pro rata cost distribution based on the five different properties expected to contribute flow. Approximately two-thirds of the total cost is attributable to Otay Ranch with the remaining one-third split among the four remaining properties. 9 /7- 90 10 Table 5 Salt Creek Interceptor Pro Rata Cost Distribution Salt Creek IR h ka .. . .. X... . . m.. l..c oft ..... ...... itxcls J Pi P. rtjft��z 0 0 .. wh - . .. .. ... ... Tell Reach I % 26.8 52.6 13.2 74 15 4,500 100 430,000 $ 120,600 236,700 59,400 33,300 Reach 2 % 12.1 56.8 27.8 3.3 19 4,500 115 517,500 $ . 62,618 293,940 143,865 17,077 1 Reach 3 % 9.1 46.3 42.1 2.5 21 4,000 125 500,000 $ 45,500 231,500 210,500 12,500 Reach 4 % 8.3 51.3 39.1 2.3 21 4,900 125 600,000 $ 49,800 307,800 228,600 13,800 Reach 5 % 7.8 54.0 36.0 2.2 30 4,700 150 705,000 $ 54,990 380,700 253,800 15,510 Reach 6 % 5.6 66.9 25.9 L6 30 4,500 150 675,000 $ 37,800 451,575 174,825 10,8()0 Reach 7 % 5.2 69.4 24.0 1.4 30 7,500 150 1,125,000 $ 38,500 780,750 270,000 15,750 Reach 8 % 4.1 75.9 19.9 1.1 36 5,0()0 200 1,000,000 $ 41,000 759,000 189,000 11,000 1 Reach 9 % 4.1 75.9 18.9 1.1 36 27,000 250' 6,750,000 $ 276,750 5,123,250 1,275,750 74,250 Subtotal. I I I 741 5 i . 1-:- -1: 8,565 2,505,740 ., 1 . % 20,5v': 15% Engineering, 112,134 1,294,782 420,861 30,598 1,849,375 Inspection, Surveying 25% Contingency 214,923 2,462,500 906,650 58,646 3,542,719 TOTAL 1,074,615, 11,372,497 4,ti33,231 493,231 17,71 ;,591 2% City Administration 21,492 246,251 80,665 5,865 354,273 GRAND TOTAL 12 '55 1 113 !.gq �4 518,067,g67 Unit cost higher due to existing street. 10 I I I I I I I I I I I I I I I I I I I As can be seen, the total estimated cost for all nine reaches is $18.1 million; this cost estimate includes a 15 percent allowance for engineering, inspection services and surveying, a 25 percent contingency and two percent for City of Chula Vista administration. The unit costs used in Table 5 are estimated for Ductile Iron (DI) pipe and are based on discussions with pipe manufacturers and a review of construction costs of recently completed gravity sewer line projects in new roads; these costs are based on an ENR-CCI Index for Los Angeles of 6549 (August 1994). Ductile Iron pipe is recommended for structural integrity in anticipation of significant pipe depths and corresponding earth load which may be encountered to facilitate gravity flow. Approximately one-half of the cost is for Reach 9 which would have to be installed in existing roads and, therefore, has a higher unit cost associated with construction of this reach. Land uses for each property are converted to EDUs for the financial analysis only using the factors provided in Table 6. Table 7 provides updated EDU projections for each property based on these factors. The EDU projections for Otay Ranch were updated based on their approved development plan. Tables 8 and 9 provide a cost per EDU comparison with and without Reach 9 for construction of the interceptor based on three methodologies. The first methodology utilizes the cost estimate for construction of the interceptor and calculates a cost per EDU based on the ultimate number of EDUs from all five properties. This methodology provides that all properties would contribute the same amount regardless of where their flows enter the Salt Creek Interceptor. The second methodology utilizes the information in Table 2 to calculate a cost per EDU for each property. Based on the total pro rata cost share for each property, a cost per EDU is calculated. The third methodology utilizes information in Table 3 which lists the cumulative average flow in each reach of the interceptor. Based on the total cost for each reach, including contingency, the cost per EDU and the cumulative cost by Reach is shown to reflect the actual cost to developers who would connect to each Reach. 11 )7-7;2 I I I I I I I I I I I I I I I I I I I TABLE Ii EDU CONVERSION FACTORS FOR FINANCIAL ANALYSIS Residential -SFD Residential - Multi-family Commercial High School Junior High School Elementary School Park OTC Training Facility OTC Residential Dorms OTC Support Staff OTC Visitors Center CPF TABLE 7 1.0 EDU IDU 0.75 EDUIDU 10 EDUI ACRE 0.08 EDU I Student 0.08 EDU I Student 0.06 EDU I Student 2 EDUI Acre I EDU IDU 0.32 EDU/Person 0.32 EDU I Person 16 EDU I Acre 10 EDU I Acre EDU PROJECTIONS FOR FEE CALCULATIONS .....'.-,;,.....,........'.'...',.,.... ........$!i!~....i.... Pt~K\ Ralli!W 1,015 Single Family Residential Multi-Family Residential Commercial High School Jr. High School Elementary School Park Olympic Training Center (OTC) Community Purpose Facilities (CPF) TOTAL 28 44 70 1,157 9,825 5,113 5,087 200 200 360 345 736 21,866 Based on approved GDP/SRP land use plan. 2 City of Chula Vista projections revised per SPA plan amendment. 12 / 7 ~ ~ J 2,454 314 1,373 150 104 96 75 1,108 40 5,400 314 28,737 I I I I I I I I I I I I I I I I I I I TABLE 8 COST PER EDU COMPARISON FOR SALT CREEK INTERCEPTOR INCLUDING REACH 9 Methodology 1 Cost Per EDU Based on Total Cost Methodology 2 Cost Per EDU By Property ",'-'-"""-""-'--' n".".".....",...",.",..",..".... ."-C,-,',-,-.'.-,-.',-,",','-,-,-.",-',"",',"',"'-,'......-,.."-,.... .... .1t:~1:h:r~~t:.. Salt Creek Ranch 1,157 1,096,107 12,558,748 4,113,916 299,096 947 574 762 953 Otay Ranch Eastlake 21,866 5,400 314 Adj acenl Properties Methodology 3 Cost Per EDU By Reach 1 2 3 4 ..-,_.,..,.,...:,.-,:;.-,.;.;;:............._,_.' .......iP'4;p,!!~t,'!'~...i. .......Q#~{...~.~r...Jt~:Q......... .............(Pe.f..geacJj(......... 930 780 702 645 583 515 468 395 4,394 9,760 12,921 659,813 758,784 733,125 879,750 1,033,707 989,719 1,649,531 1,466,250 9,897,188 150 78 57 62 68 47 73 51 344 14,254 5 6 7 15,091 20,915 22,583 28,737 28,737 8 9 344 13 J7~71 I I I I I I I I I I I I I I I I I I I TABLE 9 COST PER EDU COMPARISON FOR SALT CREEK INTERCEPTOR EXCLUDING REACH 9 Methodology 1 Cost Per EDU Based on Total Cost Methodology 2 Cost Per EDU By Property .. " ,. """.",.."..,,,,,.. .".,.."...,..-,._...,...,-....,-.-.-,...,-,....,-.-.-.-..".. ...,...,-,..,-,:."-....-...-.:...,......,,..'.:,.,..:..,"",',:,','-:,",:,".','-'. t..'J;ii~~I..~...9!~.. ...iQ~.!.$)!~if~;~i..... 690,322 5,046,781 22,243,348 190,227 597 231 415 606 Salt Creek Ranch 1,157 21,866 5,400 314 Otay Ranch EastIake Adjacent Properties Methodology 3 Cost Per EDU By Reach 1 2 3 4 5 6 7 8 '-'::'"::;.,.:,;.:,.,;.,.-,:,-;-,-:-;-:-;-,,,.-;.,--,---,..........'-,,-:'........; .. . . . Cumiilative. .. .Ciist PerEDU . .. ... Per Reach. . . 586 436 358 301 239 171 124 51 4,394 659,813 758,784 733,125 879,750 1,033,707 989,719 1,649,531 1,466,250 150 78 57 62 68 47 73 51 9,760 12,921 14,254 15,091 20,915 22,583 28,737 14 /' J>7.)? I I I I I I I I I I I I I I I I I I I Conclusions and Recommendations The following is a list of conclusions and recommendations reached as a result of our study of the Salt Creek Interceptor: I) Based on the projected flows and minimum slopes presented in this report, the proposed Salt Creek Interceptor ranges in size from 15 to 36-inch; the recommended line sizes may change depending on final design which will determine the actual slope of the gravity sewer line. 2) The estimated cost of the Salt Creek Interceptor is $8.2 million for Reaches 1 through 8. Reach 9 should be excluded from the total cost as it 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. If Reach 9 must be constructed, it should be financed as a regional facility through sewer capacity fees. 3) It is recommended that the construction of the Salt Creek Interceptor (excluding Reach 9) should be financed by establishing a "Benefit Area Fee" based on Methodology 1 (Table 7); this methodology provides for a uniform cost of $284 per EDU to all development within the study area. This methodology would be the most equitable since all properties essentially receive the same service. 15 /;-//:1 I I I I I I I I I I I I I I I I I I I BIBLIOGRAPHY City of Chula Vista Subdivision Manual, City of Chula Vista. Master Plan of Sewerage for Salt Creek Ranch (Final), Wilson Engineering, January 1993. Wastewater Master Plan for Eastlake Development Company (Final), NBSI Lowry Engineers & Planners, May 1990. Mast.er Plan of Sewerage for Otay Ranch (Final), Wilson Engineering, October 28, 1993. 16 17-17 . 'I ~ ~ II '1 , ':1 I ' II' ~'I ~I! IJi I r I! 1 ! . I , I' oO . ~ .1 I I -II I I I -.J ~~ ~~ -...Ji:: l(~ ~~ ~~ ~~ ~~ Ct)).. Q:: ~~ ~~ ~~ ~....: ~~ ~1lJ W~ ~~ ll..~ ~~ ()~ j:::~ ~!ti ~~ Reviud CITY OF CHULA VISTA PUBLIC WORKS DEPARTMENT CVDS 13 - _. .- - - . ..- - -~ --- '\ \ I U I iT .... ~ I q J ~ E \I) \j :. / 1/ ~~ ~ ~ ... " ~ ~ ~.~ \ 'ii~ l/ N 'I';: M ~ / 1 / 7 , V/ S 1-f7 4 r7 / ~ 3 -I 2 /- f. l/ ( ~ ~ ~ ~ .... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , , ~ , , , RATIO OF PEAK TO AVERAGE FLOW Drawn JJl/fI Date 10-10-12 Apprond Date ,5' -/8 78 I r./ (7 12r4n.v' /7- J, PEAK TO AVERAGE SEWAGE FLOW Director of 'ublic Works (,000 500 400 300 zoo I 'I " '. ! '0' ~lI) 100 l::) ~<: C"l; lI) -q-~ ~~ 50 ::t l-: 40-0 e~ 30 .... 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(j ::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E: 0000000000000000000000000 ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~E<E<E<~E<E<~E<~E<~E<E<E<E<~~~~~~E<~~ tIlUltllUlUlUlUlUlUltllUltlltllUlUlUlUltllUltllUltllUltlltll filfilfilf"lf"lfilf"lfilfilf"lf"lfilfilfilfilfilfilfilf"lfilf"lfilfilfilf"l ~~~~~~~~~~~~~~~~~.~~~~~~~ filfilfilfilfilfilf"lfilfilfilfilfilfilfilfilfilfilfilfilfilfilfilf"lfilfil ~~~~E<~~E<~~~~~~~~E<~~~~~E<E<~ ZZZZZZZZZZZZ:Z;ZZZZZZZZZZZZ 1-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-11-1 .................................................. 0000000000000000000000000 .................................................................................................... +++++++++++++++++++++++++ ONIt>\DO\It>~""NIt>""OCXlN~N""CXl\D~""~\DCXlIt> ~MOM~M~OMm~=~~~m~=O~M=N~~ . . . . . . . . . . . . . . . . . . . . . . . . . M~MN~M~M~~N~mMM~Nn~~~M~=m O~mM~N~Mm~~NMNM~m~O==o~om NMM~~~~~~~=mOnNM~~=mn~~m" 000000000-00<1)0 .. ... ... .. ... ... ... ... ... ... ... ... ... f""fr-lr-lr-lf""lrofnMNNNNM <1><1><1><1><1><1><1><1><1><1><1><1><1> a >< ~r-INM~~~~=mOr-lNM~~~~=mOr-lNM~ CXlO\O\O\O\O\O\O\O\O\OOOOO 000 00.................... mmmmmmmmmmooooooooooooooo MMMMMMMMMMNNNNNNNNNNNNNNN ~MNM~~~~=mOMNM~~~~=mOMNM~ ~O\O\O\O\O\O\O\O\O\OOOOOOOOOO"""""""""" """""""""""'" NNNNNNMNNNNNNNNNNNNNNNNNN ........................~........................................................................ """""""""""'" MMMMMMMMMMMMMMMMMMMMMMMMM 0000000000000000000000000 ::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E:::E: 0000000000000000000000000 ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~E<E<E<E<~~E<~~E<~~~~E<~~~E<~~E<~ ~ UltllUlUlUlUltlltllUltlltlltlltlltllUlUlUltlltlltlltlltlltlltlltll b filfilfilf"lf"lf"lf"lfilfilf"lf"lfilfilfilfilfilf"lfilf"lf"lf"lfilf"lfilfil H ~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~E<~E<E<E<~~~E<~E<E<E<E<~E<~~~~~~~~ ~ ZZZZZZZZZZZZZZZZZZZZZZZZZ H ~~HHHHHHH~H~HHHHHHHHHHHHH ~ f"l t!l ~ tJ >< ~ 1-1 tJ < l1. < tJ ************************* ~~~~~~~~~~~~~~~~~~~~~~~~~ +++++++++++++++++++++++++ OMM~=M=MO~~~~~OO==~M~~~~~ O~NN=N~=~~~~~~N=~=OMNONN~ . . . . . . . . . . . . . . . . . . . . . . . . .RO~~O~~~~~=M~~~M~~=N~~OO=~ ~~n~O~O~~~~M=~~NNnNM~~OM= ~~~~==~~OO~NNM~~~~=~OMM~~ 00000000~~~~~~~~~~~~~~~~~ M~MMMMMMMMMMNNNNN 00000000000000000 ~ 0< f"l >< ~MNM~~~~=~OnNM~~~~=mOMNM~ =~~m~mmmm~ooOOOOOOOOMMMMM ~mmm~mmm~~ooOOOOOOOOOOOoo MMMMMMMMMMNNNNNNNNNNNNNNN 2; :::.:> ...... .... :.: ~ H ~ ow l'-4 N 0'> Q~ - ..... ~ ....J => ..., I I I I I I I I I I I I I I I I I I I WILSON ENGINEERING SA/..' Ca.u..<- BASIN Se.~A"G 6..o<-.J Pd!o.rGc. T"'ON$ I) SA...r CR.E.O<L I€.A r-JC-H z) OrAl' RANCH .3) EAsr LAKe I{) Arl'rAc.E:NT f'({OPtc:R.TlcS SAL.-r C~gEZK ~Af>JCH . F&M J;,"'VN<7 1993 /VIAsrGA.. f/L.NJ o~ 5Gt..<J~~.(;: (s€.G. Nt;..><r P/J6G.) SAL.-r C~K. B/1SIN Orll7 LAkes 81'1.s,,v sue ro r>"h.. 19/, 9", S ::;pd. /17/ 32-0 :yJ 3091 '2-B5 jPeI. )j;: 'pL.l.JS R.E.v/.5~ CHr..MLCII (c.P~) Seo,./",,,t ","IV ,:"<.10"-,, 2.,500 (7"c..@ Z,SOO = I~ SIlO - 7/z.o0) 1.11' - /0,300 "1/'d :)"..,.. c", ew", TO TA L- 3/91 SB5 :Jt>J. NOre: FI.-o-..J FIf2.OJVf Bo~ ~ASINS IS ItVc..vot!.O IN R.e.ACH I FI.-ovJ.5. /7//c1/ ~08 ~o BY SU8JECT "I OAH .1 sl(?;T~O I I Ill. I .. I .. .~ I. --. .. -.. fa 'I 'I ~ .. 'I ~ ~ ~ II II II II II . FIlOM "JIoiAST€,f. P'-AN OF Se""U,Ac.e 1=0{2. SA L. T Ceee... Tl-A,..CM " 1/'t3 Table 3-1 Salt Creek Ranch Sewage Flows By Basin ..,-..,....,., . .-,....'..........-'-... ..../~e~~D.t.of... i;i~jly#lopmeDt Sewage. Generati!ln ,-,... ...... Filctgt( . Proctor Valley Residential 713 units 280 gpdl unit 199,640 School 459 students 15 6,885 gpdl student Park 7 acres 500 gpdl acre 3,500 Fire Station 1 acre 280 gpdl acre 280 Telegraph Canyon Residential 888 units 280 gpdl unit 248,640 Salt Creek Residential 611 units 280 gpdl unit ( 171,080 (..0" U School 459 students 15 6,885 (~~It.) gpdl student Z8E:I>Vs) Park 22 acres SOO gpdl acre Church 3 acres Otay Lakes Residential 280 gpdl unit 113,120 l 0 SDV 404 units 4 acres 9 )7-/(J~ Z/2.7 I I I I I I I I I I I I I I I I I I I II N A-srea. FOIL OrA-r f<-..,CH" Oa 2B J I,'n P"AN O~ S~~GoE TABLE 4-1 PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL ............,....-.-. .. . . ....... .. . ......... ,..., ...... .-....,..'.....-,-......,..... """"D..""'.'n....""'" ))we urg", ."'."/./Uilit$.\\ .... . .,.......... .............,., '..... .. .... .... . . ......... -.-. ... . ...-............... .......----.",-......."".... ...'ll:,~&..,..,;..'...~f::i~~~:~1 ........-.......... .,.........-,....... .llil~~lil~II'\11 ... "............"". ... ................ .--_....-...--.--._---.............. l)~.Ds. it.";..','. ( rt))uiA~."i'(. VILLAGE 1 LM 99.8 3.0 299 280 gpd/unit LM 32.0 4.5 144 280 gpd/unit LMV 328.6 40 1,314 280 gpd/unit MH 870 18.0 1,566 210 gpd/unit CPF 12.3 2,500 gpd/acre Commercial 11.4 2,500 gpd/acre School 10.0 1 ,000 gpdl acre Park 17.5 500 gpd/acre VILLAGE 2 LMV 330.2 3.5 1,156 280 gpd/unit LM 53.6 2.5 134 280 gpd/unit LM 444 1.5 65 280 gpd/unit MH 58.6 100 586 210 gpd/unit CPF 9.2 2,500 gpd/acre Commercial 18.7 2,500 gpd/acre School ro.O 1,000 gpd/acre 83,720 40,320 367,920 328,860 30,750 28,500 10,000 8,750 323,680 37,520 18,200 123,060 23,000 46,750 10,000 VILLAGE 3' LM 136.2 4.5 613 280 gpd/unit 171,640 MH 12.8 10 0 128 210 gpd/unit 26,880 CPF 3 4 2,500 gpd/acre 8,500 Commercial 5.3 2,500 gpd/acre 13,250 Park 15 /7-/tJ(, '312.7 I I I I I I I I I - I I I I I I I I I I TABLE 4.1 (Continued) PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL iiI" .....l'illi ;lilil~lli~~~~;~~~::;~~I~lilrll~~~~i&11 VILLAGE 4 L L LM LM LMV 156.1 1.0 156 280 gpd/unit 43 ,680 2.5 173 280 gpd/unit 48,440 2.0 68 280 gpd/unit 19,040 4.0 50 280 gpd/unit 14,000 4.5 85 280 gpd/unit 23,800 2,500 gpd/acre 7,500 2,500 gpd/acre 7,500 1,000 gpdl acre 10,000 691 34 1 12.6 18.8 CPF 3 0 Commercial 3.0 School 10.0 VILLAGE 5 LMV 280.6 4.5 1,263 280 gpd/unit 353,640 MH 89.7 18.0 1,615 210 gpd/unit 339,150 CPF 10.2 2,500 gpd/acre 25,500 Commercial 6.0 2,500 gpd/acre 15,000 School 10.0 1,000 gpd/acre 10,000 VILLAGE 6 LMV 206.3 4.8 990 280 gpd/unit 277 ,200 MH 69 0 18.0 1,242 210 gpd/unit 260,820 CPF 8.0 2,500 gpd/acre 20,000 Commercial 46 2,500 gpd/acre 11,500 School 10.0 1,000 gpd/acre 10,000 Park 16 /7-'j07 '-tj,..7 I I I I I I I I I I I I I I I I I I I TABLE 4.1 (Continued) PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL !~i:'~ti ;li~W~iil !iii~~~i~~~=~~i~l~~ 11!11~~igl";li~'i VILLAGE 7 LMV MH CPF 210.6 30.9 5.0 1,053 448 280 gpd/unil 210 gpd/unil 2,500 gpd/acre 2,500 gpd/acre 1,000 gpd/acre 294,840 94,080 15,750 18,000 85,000 4,650 14.5 6.3 7.2 85 0 9.3 Commercial School Park VILLAGE 8 LMV 85.4 3.5 299 280 gpd/unil 83,720 LMV 30.0 4.5 135 280 gpd/unil 37,800 LMV 122.2 4.8 587 280 gpd/unil 164,360 MH 30.1 14.5 436 210 gpd/unil 91,560 CPF 5.6 2,500 gpd/acre 14,000 Commercial 13 4 2,500 gpd/acre 33,500 School 10.0 1,000 gpd/acre 10,000 VILLAGE 9' L 56.9 2.0 114 280 gpd/unil 31,920 LMV 138.1 4.5 621 280 gpd/unil 173,880 MH 56.1 18.0 1,010 210 gpd/unil 212,100 CPF 6.3 2,500 gpd/acre 15,750 Commercial 8.7 2,500 gpd/acre 21,750 Sc hoo I 10.0 1,000 gpd/acre 10,000 Park 8.8 4,400 17 /7---!O? 5/7..; I I I I I I I I I I I I I I I I I I I VILLAGE 10' LMV 91.5 M 67.9 MH 18.7 CPF 44 Commercial 20.0 School 35.0 TABLE 4-1 (Continued) PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL :!b~~ilii ............~~l~::~1 r~~:~;~~=i;~~;~illllll~.~~:~i~~l:~r; 4.5 6.0 14.5 412 280 gpd/unil 115,360 407 280 gpd/unil 113,960 271 210 gpd/unil 56,910 2,500 gpd/acre 11.000 2,500 gpd/acre 50,000 1,000 gpdl acre 35,000 -..... VILLAGE 11 LMV 165.5 4.5 745 280 gpd/unil 208,600 MH 25.3 12.0 304 210 gpd/unil 63,840 MH 48.1 14.5 697 210 gpd/unil 146,370 CPF 6.6 2,500 gpd/unil 16,500 Commercial 10.4 2,500 gpd/unil 26,000 School 60.0 1,000 gpdl acre 60,000 Park 9.9 500 gpd/acre 4,950 PLANNING AREA 12 (EUe) EUC 70.1 37 I 2,500 210 gpd/unil 525,000 CPF 9.2 2,500 gpd/acre 23,000 Commercial 261.2 2,500 gpd/acre 653,000 School 10.0 1,000 gpd/acre 10,000 Park 45.0 500 gpd/acre 22,500 PLANNING AREA 18a Industrial 215.8 2,500 gpd/acre 539,500 18 ) 7~/{)1 1.-/7..7 I I TABLE 4-1 (Cootinued) I PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL ~lll'11111/Iilllll-liilli[J;! ... !!llill;llll illll~~fJJIII~ If:iiiiillllillillliliiili',.t1! I PLANNING AREA ISb I Industrial 69 7 ~1r~1I~~'*~i~I~~g~ii~L 2,500 gpd/acre 174,250 ii;til;68';iiiiiiiii';iii\~i;'li!i;j!~t;i;1';t1Iti;71~~~1~~tilj~Jii I 1 For the City of Chula Vista, residential development is the secondary permitted land use in Village 3 . the primary use is industrial. If the primary use is utilized, 165.7 acres would be developed as industrial resulting in a Village 3 sewage generation factor of 2,500 gpd/acre. I I 2 As an alternative to the development presented in this report for Villages 9 and 10, a four year university has also been proposed for this area. The sewer facilities proposed in this report are sized adequately to serve either the proposed development in Villages 9 and 10 or a four year university. I 3 A description of the various residential land use categories is as follows: I VL L LM LMV M MH Very low density Low density Low-medium density Low-medium village density Medium density Medium-high density I I I I I I I I 19 17-//0 I 7/2.7 I I I I I I I I I I I I I I I I I I I TABLE 4-2 PROJECTED WASTEWATER FLOWS FOR THE PROCTOR VALLEY PARCEL :-:....:..:...-,:..,-.:.,-.:.:,:,_..,.;;'...:-,... fP\iOeljji&~\ /tIiiih;i ~~~~~iii~~~~~lj li;i;;~~~\i~ii;1 .........._ . ,n ........,-"-....,,,. , t:;~:~I) VILLAGE 13 L 130.5 2.0 261 280 gpd/unit 73,080 256.2 3.0 769 280 gpd/unit 215.320 28.4 8.0 227 280 gpd/unit 63 .560 54.9 10.0 549 210 gpd/unit 115.290 42.1 15 0 632 210 gpd/unit 132,720 9 6 2,500 gpd/acre 24,000 10.0 LMV M MH MH CPF Park VILLAGE 141 L L LMV M MH CPF 190.0 1.0 190 280 gpd/unit 53.200 478.2 2.0 956 280 gpd/unit 267,680 51.8 3.0 155 280 gpd/unit 43 .400 43 7 6.0 262 280 gpd/unit 73.760 10.0 15.0 150 210 gpd/unit 31,500 7.6 2,500 gpd/unit 19.000 2.9 2,500 gpd/acre 7,250 10.0 1,000 gpd/acre 10.000 Commercial School PLANNING AREA 16 VL VL 169.5 5474 99 280 gpd/unit 280 gpd/unit 27,720 291 81,480 PLANNING AREA 19 VL 20.0 1.0 280 gpd/unit 5,600 20 ~OTAL~ii6c'iQltY;tLriE:Y~~k~}ji ...;~;$61.....I;/..........i. ... ,.. ,.......... ""',' .,.".,..;.c;,..:;'..;'::':';';;':' .-..,."...,.....-...,....w.,w.-.... ._.. ..._._.....,... "':-:-'-'-:-': :::::.::::::t;:::;;:;::::::::t::)):;::":~:::W:::l;a5if;'!J;;q~\:::: I The County of San Diego plan permits an additional 10 residential units on 20 acres in' Village 14 20 /7 --- / )1 8/2..7 I I I I I I I I I- I I I I I I I I I I TABLE 4-3 PROJECTED WASTEWATER FLOWS FOR THE SAN YSIDRO PARCEL ~5; '.':,:;;:~i ,:::;U;:~::,~~' 11!~~~il!~I'lllill~i~11 VILLAGE 15' VL 739.2 0.7 M 33.9 70 CPF 5.6 Commercial 3.3 School 10.0 Park 7.9 516 280 gpd/unit 144,480 245 280 gpd/unit 68,600 2,500 gpd/acre 14,000 2,500 gpd/acre 8,250 1,000 gpdl acre 10,000 3,950 :.t~~.).....~.\... ~;:I,~;'iitJ.'i:gAittSl;t ." .. .......-.--.._,-,.,.,...,-. . . :I::fr::!~:j::::j!::!!!:jii:::i::i!i~~!jj1!:::~::~[ijI:j~~~:iI:f::!~:1!i:j~~1t*~~fJ~f'{~~~~~;;J:~}:1~:~$:1jf:- 1 The City of Chula Vista has an optional land plan for Village 15 which would allow for 516 residential units on the same acreage. The County of San Diego land plan for Village 15 permits 433 residential units. 2 Planning Arca 17 is also within the San Ysidro Parcel, but this arca is proposed to be served by septic sewer systems. Table 4-4 summarizes the projected average sewage flow at buildout for the Otay Ranch project by parcel from Tables 4-1, 4-2, and 4-3. As Table 4-4 shows the projected buildout sewage flow for the Otay Ranch project is 9,009,280 mgd. 21 ) 7--) /;L 9/~1 I I I I I I I I I- I I I I I I I I I I Fro"", 10/'3 TABLE 4-5 PROJECTED SEW AGE FLOWS BY DRAINAGE BASIN OTAY RIVER PARCEL SALT C~EEI( ORI 1,268,960 gA-SIIII T~18~r141l (Telegraph Canyon) A~E.A OR2 1,825,990 (Poggi Canyon) OR3 1,673,145 ~ EAO,/ 8 OR4 453,340 ~ 6'A~ H 1 OR5 1,582,275 ~ s: 4(.H (, OR6 227,420 ~ EA(.H S OR7 361,960 ~fAGH ~ OR8 112,000 ~ f AGH :s PROCTOR VALLEY PARCEL PVI PV2 PV3 PV4 PV5 PV6 PV7 PV8 PV9 PVI0 PVll shtiiotak .. 71,960 14,560 62,720 31,640 20,440 249,020 129,000 46,200 346,260 194,930 88, 180 ~ EA(.H 1.- TbrA-L'" ,ZS/S'io &PO ~EAGI-i Z. ~ 6A'-H 'L ~ E AU'l ~ 23 /7'1/3 lo/-z.7 I I I I I I I I I- I I I I I I I I I I TABLE 4-5 (Continued) PROJECTED SEW AGE FLOWS BY DRAINAGE BASIN $'04t.r '-REEk. <<AS'''' ,-P-14uT'l"It y 4A.EI- SAN YSIDRO PARCEL SYl 11,200 P- tAai Z SY2 39,760 ~EI\:.H ~ ;0 r4L SY3 195,240 11IIGL.VO'",' n,(o/IOII SY4 3,080 (JMrE = g7B,'-so SY5 0' 6PD SY6 O' SY7 O' SY8 0' 1 Developmcllt ill Ebb 4raill_'0 buiD ia propolOd to be served by ICpctc .".tem.. 24 )7}/1 "/2.7 -.. .... - - , , , t.: '- " L_;____- 1. ) :! r~~~,. ......r -;,. .~ - - - d _r-CC '-- "-'" r ~ ,/ ( \ :. -J .-.,.... ,"" , <r""" _-"...r~ " ---. LEGEND -- PROPERTY BOUNDARY SUBBASIN BOUNDARY arM' ({A'NCH / ?---///r: FIGURE 4-2 DRAINAGE BASIN MAP- - 12/2.7 ~ N I SCAlE' 1" . =5000' , " I I I I I I I I I I I I I I I I I I I WILSON ENGINEERING EDU PtQ.O.rEZ-C-77arJS : O"t~ ~~~ tJq.v~l~f ~ T(",~v~ n ~ " \ T C. rt ~ K .z;.. t<-<"<..l1l1'v1. Vtl'6.j~ SFtJ M FP ~ IMItl""'-, "..IY ,S'c.kQO 1 "~r "- CIF J..W'\"u~t"k"\-t. ()u. av. Ac.I"<~ A<.= Ac..f<!S I'K"-S (r,A Y RIV~f<. P.A~ c.E.L- Z. S-/1. I 3'11- 1'1 - 2S ~ 3 G.I3 1"18 $".3 - e $.'f y .n1- - 1.0 10 (e:L) ,"/.3 3.0 1 10 (~..) C/.3 gS3 I.jL{B 7.1 z.s ( :r...) 6. "!. e 1,01.' '(3<- '3.'( 10 (EJ-) fd,8 S.~ ~ 735 1,010 97 10 ( e..) 8.9 (..3 1'0 1)'1'1 ;ZO.O 10 eel.) 3"/-3 '{.'t 21/ Z S (.:JL) II 7'i~ 350 /0.'( 10 tel.) - ,. Co ~o (HS) I PAIL - 2, So '35" '0 fE,l.) LfS' ~,l I I )81\ - - 2/S.11 I - - - IS B ~ - i>'l.7 - - ~ 5 Ud l"O TAl- r;: In I.' 5", Y 8.l SOZ.S 17_0 I',ns c:?l.8_ E.DU FAC.I<)IO.. 0) (0.75) (10) (4) (2-) (/0) _ SIJan>"""- 'l 583"/ 41 II 'i 5/01-S 080 287 508 (eoo). I -. .-- ~ L""".,I. VSe i" 1'0 f~ /aha/'u fI14srec PI_ 0 ( 5e...,..... kol OT~y R...",,-I.. I -I /7-1/~ .13/l'o/'d l'th7 JOB NO " SUBJECT OATE SHEET NO. I I I I I I I I I I I I I I I I I I I WILSON ENGINEERING Or"".., teAN~" DeIlEt/-OPMENT" -r:e..,8lJT~Y ro SAL.r C.ELC,", r'..n-.EA.~r: (<::0"'7: ) V,U.AW: 51=1> ~I'= COMMIXN{) S~-.. PI/ILl< CPF (DV.) (f)v. ) (Ae4..tS) (A e.) (If c.) (A") PI<Oc..rol'l- 01L.I-E.Y PAItLC.€'I- 13 1,257 1118/ - - 10 9. c.. 1'1 116(,3 /50 2.9 10 (B-) 10,7 7G. I I "LA"'~/N6 AI't.&A I" 390 - - - - - PI-AlvNIN(. A~ /9 20 - - - - - ::5vd:ro~~ .3 2.30 t, 3~, '2..'1 10 20.7 17. '2. (lU:>u f'A~n>i2.) (I) (0.7$) (10) ('-I) (2) (,O) sus"'..... ecu. :3,230 "'~ z.~ 40 '12- ,7Z 5AII/ y' $1 j),e.O P AIZ. Ct:. I- 16 7(e,/ - .3.'3 10(1;.<) 7/'} s r.. I (I) ((J.7 s) (10) ('I) (2.) (10) (@V I"I/e_) I i S\J81l:>""~ lEolJs I 7G./ - .33 40 1(,. 5G. t:.DU,s TOTAL 9,82.5 0,1/3 50B7 7(.,0 31.16 73(p I (or,.,.., R""""") I I /7/)/'7 .I,m .1 ~;~T:~ ,roe ...0 " SU'''ECT I I I I I I I I I I I I I I I I I I I WILSON ENGINEERING R."<:..(,, 2. I~ 1r<.~31' }r<EMIt 11 JOII t.lO BY EIISTLiH:fO' rt..Ov.J Pfl,OJEcTioN5 (i=",^", s/ti. W~J<.y1/'~ pI..... "-1 Ne;;If-~1i Se.t; A'T1JtIct/{.{) R.eV'Se.!) sli~rs) t<.~ i Y2 (.n)"~ W""..{S) P()/{'T. 60',""5 ~'t'<-t R~ ... ("sTi"K~ fr., ':;, p,,,t-r, GI'~"": I V.. INoecl: f,e. v~ J f.HI,fC< V,:",/ 0 re; p"n-r. &""''-'~s Y2 ["'HI,"- Woo.!: 0 8~, 82.0 3fol (T' ,Ie ,;-?) ~"srl,l~ Ir., Is 0 38'1, '110 '1fd (T " " ,) f",~.("nl>i<-< (,r<,-, 0/08,9:;;0 1t) (;- (( ,/-:1 57', /80 9 f'\ =? 1<.u.<.A z. c """ bu' '''-' lOurl.I<< Vi. ,.... 2''1,380 , (.1 ( T~.!,< A.-S) i' "-siP;.. ['c. o rL 2 '04, S3.l Jf" ( \~ ,Ie , ,"'-':l/ p..-r 'f, ("",id<, &-......, 2.31 goO ~J. (T~ () ~ ,-. ) I 733,712. """" CJ R.(.~t~ :; ,....~r ."rih- . 'lz.. EA>r~,,~. ....000$ = 85, Bz.o 5p.t (-rA(J~ A -J) ~"'. 8US/NEU c.....75<< :- 71,400 51'.,( (r........ ,.-..3) J 5 7 22.0 3 pel =? ~<I' 1.. "."....""8....n...... TOrn.... (/h-L. R.yt.~HE'S) /,470, /12 Vd. . I I S" IT (ws:,,,!~ -t(AO'ft'ri ) 7 ~ ).,.2 ~I "" I ~:!.~? I I I I I I I I I I I I I I 0 , , L \ I-R 0 \ 3 1.2 ac \75du I-R 28 8 ac BUSINESS 0 CENTER o I I- 15 1 ac "- \ \ \- LM @ 44.9 ac 0 L 265 du /" .- _. __ /- I f.:;\ /~/@I PO ~ 23 I 9.6 ac P / 12.5 ac 8( ....... ,,(ES) 7 1 .......... LM "....... 11 0 36.8 ac TRAILS "(:'C 22100 ;^, f6\ '1 4 ac ; '- I..V ..... / ..... / PO 49.2 ac o (HS) 11 4 ac 8400 LM 74 ac 183 du " ",-" cB I LM '\ a I 13.3 ac" ,,' " L 30.7 a 92 dl @ @J)- 12.3 ac SAL.. CUE"'- BASIN 1'i,.6 c.l1'A1t-, BoVJV~'1 E A S'TLAK€ *' Sire. ..."....':a.Ano,.J PL.AN U SESL:> 8... ....s /1...0........'1 felL ........SrE:......Ar€..,..P MA.., 1'1'10 17/1-7 /7~/;2/ ..: .j\'J.~.t't\~-,'\";':" -- !r~;l\ TION I '* FR.-OM IMPitOIlE:M~r P...."wS Fot1. ~STL.A"E:, 0...."1 '-"...~s ROhO ~MPOI2M'f L- IF, SrA n.,... I I I I I I I I I I I I I I I I~DEX 1 DESCRJPllON w > < w z < ... ~m) RESERVOIR , "'-\ .-.J .,.. < ~ >0:: II: '< A. ~ ~ ~ 'g,",.~" RESERVOIR W >0:: < ... I- '" < w ~ PUMP STATION SERVICE AREA 7 LOCATION MAP NOT TO SCALE " / 7--/ 2-::2.., 18/27 II ., ., ~ I ,I .- .1 II II )1 )1 )1 )1 II 11 II . I. I TABLE IV-I EASTLAKE W ASTEW ATER FLOWS TOTAL DWELLING TOTAL AVG. PROJECT ACRES UNITS POPULATION FLOWS (gpd) GREENS 830.5 3,609 9,088 Illli~~~:~I~11 I I 0 0 '. ,-..,:.-,..,.:.,.:.,':.... \:?)}::{jf,;;::\} ......'.... .. TRAILS 299.0 1,260 3,547 i!:5~~:ei~~:~]~~:~ 3! Lj ::::,::;,::,:;',.;.:.:}:;: .... .....:::,;;.; ... WOODS 234. 1 438 1 ,3 14 I I I BUSINESS CENTER 159.2 255 765 3. 1 VISTAS 210.3 942 2,509 Z I I OLYM. TRAINING 236. 8 281 2,248 7-~ CENTER (1) "'," .. ,. TOTALS >(Ii~J.?}1 tl]!Ii~~~ I&~~! ~'~!~}i!~rll! 2- I 3 "'1350 YIO I 1,"'10 ,'iOQ 3Bo 2.,53'2.. ~O,'2../2... NOTE: (1) INCLUDES ADJACENT COMMERCIAL DEVELOPMENT. Narc (PI> :r:1l-2.,'3 "'''''.0 A-I ,2.,31'-1) - - TAi3/...€:S FdOM I.-D<....u2..'7 61'0 MA-S"rG./l- P'~ [2e.VIS€ 0 'TO /2.[;; F <..Ccr IZ-es Oo..-^,T1- 5~GG F<.-u,-, /Z../I'reS OF 2.eo 5t'al p...... UN&OT"' FeI'L SlrJ(..(,....~ F-,I\-.I'\lt...~ .-D -z.o ,:, p../. ~ roll4 ,vi vt..-..... -1'-1>111<.-'1 IV-2 /7-/.27 /Q/2.7 II II 1.1 ~. II ,. ~. ,. 'I III 1:1 I , I . . I I I I TABLE IV-2 EASTLAKE FLOWS TRIBUTARY TO SALT CREEK NODE QAVG. (gpd) SOURCE DESCRIPTION 99 W}~1{g~~ 3 51 ~ &ll'i13i'tm% ',ro~.:~ GREENS, TRAILS, VISTAS AND OTC. TOTAL AVG. FLOW TO NODE 90 GREENS, WOODS AND BUSINESS CTR. TOTAL A VG FLOW TO NODE 99 90 TOTAL: hllit'II, 'IS 7,813 TABLE IV-3 EASTLAKE FLOWS TELEGRAPH CANYON SALT CREEK & POGGI WATERSHED WATERSHEDS Q AVG. Q AVG. PROJECT (gpd) SOURCE (gpd) SOURCE ., ..,....,...-.".-. ....-.,.,-....-...-.. GREENS GREENS (NO) HUNTE PKWY (NO), SALT CREEK. GREENS HUNTE PKWY (SO), SALT CREEK. GREENS ESTLKE PKWY (SO), POGGI CANYON. TRAILS 3 8'1, TRAItS EASTLAKE III BUS. CTR. BUS. CTR.(P ARTlAL' -' . WOODS, VISTAS, OLYM. TRNG. CTR. ",n.,' ..,.... i~t.;'I'!! :: ~:]tu~g~~~tM:~:~1jf TOTAL: 41~;41!lI' ", "iOo~ rot.: IV-3 1,"i57,el3 (5"...... ~"K.. 15"'.,.... 0"'..") J7~ jJ- ( "=tZ.7 I I II i TABLE A-1 EASTLAKE GREENS WASTE WATER FLOWS -=-==---=.=a........============.. land Total People toUl Parcel # Use Acres DUlAC D.U. Per DU People .---.--. -_.......--- I" Res.. 19.7 2.7 54 3.0 162 1-2 Res. 14.7 2.9 43 3.0 129 1-3 Res. 21.8 3.8 *10'1. 3.0 249 1-4 Res. 24.0 4.3 104 3.0 312 1.5 Res. 23.0 4.6 105 3.0 315 1-6 Res. 17.4 5.1 88 3.0 264 1-7 Res. 10.7 .6.1 65 3.0 195 1-8 les. 16.4 6.0 99 3.0 297 1-9 Res. 8.5 6.0 51 3.0 153 1-10 Res. 27.9 6.0 _z.'i(' 3.0 501 1-" Res. 14.6 6.3 'Ie 87 3.0 276 1-12 Res. 14.3 6.5 93 3.0 279 1-13 les. 22.6 6.6 149 3.0 447 1-'4 Res. 11.4 7.4 84 2.5 210 1-15 Res. 11.6 7.6 88 2.5 220 1-16 Res. 10.5 7_9 83 2.5 208 1.17 Res. 29.7 8.2 243 2.5 608 1-18 Res. 9.9 8.8 87 2.5 218 1-19 Res. 14.9 12.0 179 2.5 448 1-20 les. 13.6 12.1 164 2.5 410 1.2- Res. 10.0 12_0 120 2.5 300 1-22 Res. 10.8 13.5 _'''11 2.5 365 1-23 Res. 13.7 15.0 Hi 21'1 2.5 513 1-24 Res. 5.0 22_0 110 2.2 242 1-25 Res. 7.4 22.0 163 2.2 359 1-26 Res. 13.3 22_0 293 2.2 645 1-27 Res. 8.9 31.9 _'1'1 1.7 483 1-28 Res. 6.1 27.4 167 1.7 284 .....----- 412.4 - - bP'S:1{DU Flow Factor )1 ~I Students 280 as III",a/d 80 g/ca/d 2.80 88 .1 aa: d ~eo 89 ~ ~_:d 80 g/ce/d ~8o IQ J/n/II 80 g/ca/d 80 g/ca/d 280 so JI.I/II 2.80 19 I;__;J Z.60 SO )/la:1t 2. eo a9 ./aa/" 80 s/ca/d 80 a/ca/d 80 s/ca/d 2.10 sa .:sa:d 210 eo .',a/II 2.10 80 ~'e.I" 80 g/ca/d 80 g/ca/d 2..10 ao 1#' !!.t.; s 2.10 !t'll/n.'. 2.10 ." g'-v-/d 80 g/ca/d 80 s/ca/d 80 g/ce/d 210 aD I/!la/lf 80 a/ca/d II II 1- , I II I- I_ ,- ,- II o NOTE ParceL Nunbel"'s and Nurt>ers Of Dwell in; Units were obtained from The Site UtiLization Plan For Eastlake Greens dated: 2116/89 II I I I I /" / 7-/.2-5 A-I II Toul Avg. Flow (spell p~,. (.".) WI'fIt."" SAitS C.uA!oc. 8"'6'''' ~ 151''1.0 (100"1..) 10,320 .;9;'Rll 28, s(.o (50"_) ~ ,"1,.2.0 ('50'.) 25 ,200 ~ 1.'i, c."I0 (30"") 15,600 23,760 ~ l'i,~80 (100'1.) ~ <'8, 8~0 (100 ,.) ~ ,'1,3"0 (,oo'l'..j ~ 2f., 0'10 (100"0) 35,760 16,800 17,600 ~ 11, '/30 (1007..) 0&r6flIl $,.030 (Coo.,.) ~ '8,2.70 (100'7.) 35,800 32,800 ~ 2.5,1.00 (1001.) ~ 7."',1.10 (100'7_) ~ LI'/I ,.,0 (So.,.) 19,360 28,688 51,568 ~ "l, l.'iO (1007.) 22,712 7-11,,,01 ( CONT"I...UE/:> N ~T" P,^",E.) 2.1/1.7 fI ~I I ,I .1 I Parcel # VC-' po-' PO-2 S-l S-2 Po' P-2 P-3 P-4 P-5 OS-' OS-2 OS-3 OS-4 OS-5 OS-6 OS-7 :1 , il " '\ 1:1 ,. I I "; ,il II INOTE: I I I I I I I I TABLE A-1 CONT. EASTlAKE GREENS WASTE WATER FLOlIS --=--- --..---=- - Land Total Use Acres VLG CTR 19.6 PUBlQUASI 12.3 PUB/QUASI 4.8 NIGH SCH. 49.2 ELM. SCH. 10.0 PARK 15.1 PARK 3.0 PARK 11.0 PARK 4.5 PARK 3.0 OPEN SP" 2.9 OPEN SP" 1.1 OPEN $P. 1.9 OPEN SP_ 7.8 OPEN SP. 6.3 OPEN SP. 4.9 OPEN sp_ 5.9 CLUB H 4.0 GOLF CRCE 156.4 MAJOR CIR. 88.4 FUT" UNB. 6.0 418.1 DUlAC People Total O.U. Per DU People percel Nuti;)ers and NLDtler'" Of Dwell ing Units were obtained frOM The Site Utilization Plan For EastLake Greens dated: 2/16/89 A-2 Students 2400 800 3200 Flow Factor 2.500 sfec/d 1.500 sfec/d 1.500 sfac/d 20 sfst/d 15 sfst/d 500 a/ac/d 500 a/ac/d 500 a/ac/d 500 sfac/d 500 a/ec/d o a/ec/d o a/ec/d o sfec/d o a/ac/d o a/ac/d o sfec/d o sfac/d 2.500 sfac/d o a/ac/d o sfac/d o sfec/d Totat Avg. Flow (apell 49.000 18.450 7.200 48.000 12.000 7.550 1.500.... 5.500 2.250 1.500.... o o o o o o o 10.000 o o o 162.950 PE.ile~.,. (?) W'T"H.,.., SA...r c:.lZ.~_ 8AS'~ (100'0) ('00",,) TQT"A L- ( SA....,. C.e."E.1C. SA"''''' 0,.,...1) 3"0,750 ~pd. 17- /;2 ~ 22/'1..7 . . . . i. . . . . . . . . . . . I . . =K:- ... -.- ._~ Fro-. Le \je.1 TO Gk"I~ Vis ~ Fflr"1^^ e...nIA/{e., 1../<; /,'1 SALT CR.E:~T( BASIN GRAVITY S:e:~R ANALVStS Sewer seMce to the Salt Creek Basin wlthln the !astLake 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 Ceneral Development Plan and f::a Amendment affects the followlng parcels within the Salt Creek Bas . Parcel Existing Units Proposed Units Inereue+ / Oecrease- R.-3(80uth) 42 51 9 R.-10 167 246 79 Roll 92 87 <5> R-22 1<46 141 <5> R,-23 205 214 9 R-27 40 44- .. Net Chan:e In Units 91 The flow generated by the additional 91 dwelling units (based on 250 GPO per CU) Is 15.8 GPM. This amount represents an increase of 1.4% over the 1100 GPM flow rate assumed to be renerated by the !utLake Project within the Salt Creek Basin (see Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment Incorporating Pwnped Plows, Flgwe 8, Page 11). The operation of the Ofay Lakes Road Lift Station and Telegraph Canyon Trunk Sewer should not be significantly impacted by the rel~tive1y minor increase in the flow rate. ) 7- /2 7 7.3/1..7 - TABLE A-2 - - -ow EASTLAKE TRAILS ~ASTE ~ATER FlO'JS - a===_:========================... . Toul -ow land TouL People Total Flow Avg. Fl,.ow Flarcel :I Use Aeres DUlAC D.U. per DU Peopl e Students Factor (gpd) ~ . .......... .....-........ --........-- ......_--.... -..-..-..--... ~ 1 COMH 15.0 2,500 g/ac/d 37,500 2 CHURCH 4.0 2,500 g/ac/d 10,000 ~ 3 OS 5B.0 o g/ac/d 0 . 4 R'lH 25.B 5.6 3.0 432 '2..80 89 1/...,'4 ~ '-/o,3~O ~ 5 R'H 21.7 10.3 2_5 55B 2-10 88 ~/I.oG,d "-;6QQ ~c.., B3C> 6 R-lH 36.B 6.0 3.0 663 2J30 88 >>, '-., ~ ~ ....',880 - 7 OS '.1 o g/ac/d 0 . B R'lH 44.9 5.9 3.0 795 ZSo ag J:4.1./d ~ 7'"1,7.0c> ~ 9 R-MH 13.B 17.7 2.5 610 ZIO 89 .: ~&/4 ~ S', 2."10 '0 R-l 23.7 3.0 3.0 213 z,.t30 80 3/":. ~ 1~/e8o . 11 OS 1.4 o g/ac/d 0 12 R-l 30.7 3.0 3.0 276 ;2.50 an 9'--'d ~ 20$,7....0 - I 13 PARK 9.6 SOD g/ac/d 4,BOO I 0.0 o g/ac/d 0 14 paCeS) 12.5 BOO 15 g/st/d 12,000 ........--.... --............. .................... I 299.0 3547 BOO jJ,8.8!O 38"1,""0 ~ . Ii TABLE A-3 -- EASTlAKE \ICXXlS ~ASTE ~ATER FlOllS ===.=.===-=...=====.=..~a&::'" Toul I~ land Total People TotaL Flow Avg. Flow Parcel :: Use Aerl!S DUlAC D.U. pet" OU People Students Factor (gpd) -....---..... -..----.... .....--......... ................. ---..---..-- , a R-l 4B.1 2.4 3.0 34B Z80 89 ~/.....,'J ~ 32.,..,eo II ' b R-l 55.0 2.4 3.0 396 z.Bo &EI ::1/'.:. ~ 3'-, ~'" 0 2 PQ(JHS) 20.0 1300 20 g/st/d 26,000 3 a R-l 26.2 2.5 3.0 195 z.eo SO '/:'10,'5 ~ 18/2.00 3 b R-l 0.0 g/ac/d 0 )1 3 c R-l 5.0 2.0 3.0 3D Z:80 IQ ~I :.../d ~ 'Z I Boo R-l 0.0 g/ca/d 0 4 PQ(ES) 10.0 BOO 15 g/st/d 12,000 5 PARK 7.0 500 g/ac/d 3,500 II 6 a R'l 43.3 2.4 3.0 315 z.So 89 ;,. (./;.,' d ~ 2.i I ~oo 6 b R-l 4.5 2.2 3.0 3D ~'v 89 g/ea/d ~ "2, eo>o 7 PARK 15.0 500 g/ac/d 7,500 II .......-..... ...------ ---.....--...... 234.1 1314 2100 ~ .71,....,0 )1 )1 )1 )7//2~ )1 A-3 2'1/2.7 I I I I I, I i II III III III )11 1~ I. I I II II I~ :1 : I 11 II Par~el '# Parcel '# Parcel # Land Total Use Acres I a I b I 0 2 3 a 3 b 4 a 4 b I'R 17.5 I-R 32.1 I.R 7.5 I-R 16.7 I-R 15.9 I-R 12.9 R-LM 18.6 R-LM 6.0 R-LM 0.0 R-LM 32.0 I-R 0.0 4 0 159.2 Land Toul Use Acrllts I a I b 2 a 2 b 3 4 5 a 5 b R-L 0.0 R-L 36.5 R-L 0.0 R-M 30.6 R-MH 25.8 R-L 36.0 R'L 47.0 R-L 34.4 210.3 L.and Total Use Acres I a I b 1 0 1 d 2 a 2 b 2 0 R-N 8.9 PRO.! ADM 3.2 VIST .cn. 14.8 RETAIL 7.0 OT'RES. 138.0 OT-SUPP. 12.0 OTeft". Fac. 3 0.0 0.0 PARK 43.4 227.3 People/ Acre 43.7 TABLE A-4 EASTLAKE BUSIHESS CEHTER VASTE VATER FL~JS ==========s==================~.=========== OUIAC 4.5 4.5 4.5 O.U. People I'Or DU 3.0 3.0 3.0 TABLE A-5 Total Flow People Students Factor 252 81 2,500 s/ao/d 2,500 S/ao/d 2,500 s/ao/d 2,500 s/ao/d 2,500 s/ao/d 2;500 S/ao/d Zeo S9 J/u/d Zeo 89 ,..../eI s/oa/d '2,SO 89 1:'l;ld s/ao/d 432 765 o Total Avg. Flow (spd) 43,7'50 80,250 18,7'50 41,7'50 39,7'50 32,250 29, '~e ~ o ~ o . 2.3,5'0 ('00',) 7, :5 Co 0 ('00'0) '10,3'0 (/00'71>) 317,;,e& 3"Z..'I~OO W "e~ c.""",,,e.. s 110.......... 1'0.... s..t...... c.a.e e.... BAS'''' TltllS"........ AttLA ("iI,'1005p.l) EASTLAKE VISTAS VASTE VATER FLOVS ====================-============ DUlAC 2.0 8.5 14.5 2.0 2.0 2.0 O.U. People I'Or DU 3.0 2.5 2.5 3.0 3.0 3.0 TABLE A-6 Toul Flow People Students Factor o 219 80 s/oa/d Z60 a9 SI.....;4 s/oa/d ZIO 10 I/ea/d '2.10 IQ J/ea/d z.eo as ':It....." d 650 935 216 282 207 ~ aD ,I.a/d ~ a9 l/lil/'iiI 2509 o EASTLAKE OLYMPIC TRAIHIHG CENYER VASTE VAYER FLOVS ==.cza....=....~.aaE.......-=..===....~..aaa==.. DUlAC 16.9 O.U. i1.:... -';-'. ;' I Peepl e per OU 2.2 3.5 Total Flow People Students Factor 330 'Z.,o 8e glealll 2,500 s/ao/d 4,000 s/ao/d 2,500 g/ao/d 80 s/oa/d 80 s/oa/d -z.,eo SO g/ea/d s/ao/d S/ao/d 500 s/ao/d 1000 524 283.5 A-4 2138 0 /7-/;2~ Total Avg. Flow (spd) o ~ 7.0,"1'10 o ~ :5'1,1.00 74-;-8&& 78. S ,/0 1iL;-29& 2-0,' l. 0 ~ .z.c..,3Z.0 ~ ",3LO 2ge,~9 21'11380 ToUl A....g. Flow (gpd) ~ 8,000 59,200 17,500 80,000 41,952 ~ o o 21,700 279',1.:2 31/, SOD Z'L, Coeo @ Z 62 '532- \ 7-'>/17 I I I I I I I I I I I I I I I I I I I WILSON ENGINEERING Ar:,rI'lCElvT fRofiE~n (S . BME"O DN /ssvE PAPER. PP..O:stcT rE:l'\..... MOf.SA~ 31'1 VN".:! x "loSO trPP/u(>J,r = 87, '17.0 ~Po/ /7-/JtJ JOB ~O -IllY I SUBJECT I OATE ,I ~t{~7 , f I I I I I I I I I I I I I I I I I I I ''"''""" TABLE 6B Density Yield Assumptions for Adjacent Properties (Revised to reflect a total of -2000 units) Land Use Alternative Net Densityl Potential Units on2 (du/acre) Adjacent Properties Baldwin Submittal 4.0 627 Phase I Progress Plan 3.5 552 Issue Paper Project Team Proposal 1.9 314* Project Team Alternative 1.8 299 Low Density Alternative 0.8 150 " 1 Net density' Density calculated based upon approximate residential development acrealJ:e only 2 Based upon 397.5 acres of property adjacent to Central Proctor Valley, Assuming net density for areas of under 25% slope (approximately 149 acres), and County General Plan (1 du/8 acres) for areas of over 25% slope. . ) 7 ~ / J / 2-.7/11 .'l""'l"-'-.-' . ~. ,. ~"'F>"~ .^', __,~.....-:.....--r.--~~.----.---..........._-,.",.....~--- '~~"""-,."". . . COUNCIL AGENDA STATEMENT ITEM: It MEETING DATE:11/22194 ITEM TITLE: Public Hearing: Considering Abating the Scheduled 1995 Business License Tax Increase to Retain Business License Taxes at the Current Calendar Year 1991 Level /J. Resolution 17?~~ating 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 1, 1991. Related Item: not Dart of the public hearin!!: lJ. Ordinance ~{'I(mending Chapter 5.60 of the Municipal Code Related to Business License Taxes and Regulations of Vending and Amusement Machines SUBMITTED BY: Director of Finance IIfn^ REVffiWED BY: City ManagerJs ~ tJWJ (4/5ths Vote Yes_ No.J0 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 1, 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 Association. 17'1 ; , Page 2, Item It' Meeting Date 11/22/94 Ordinance Amendinl: Cha.vter 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: 3) Conduct the public hearing; Adopt Resolution /77.J"abate 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 .211 /~ its first reading, making necessary administrative and legally-advised changes to the Business License Ordinance. 1) 2) 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 18""~ Page 3, Item / p: Meeting Date 11/22/94 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 or Scheduled 1995 Business Ucense Tax Increase on Various Businesses and City Revenue Manufacturer: with 20 employees with 5 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 IN-CITY BUSINESSES - A veral!e Tax Regular business (average 4 employees) Professional New business (reg & mfg w/ 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 *Current revenue estimate 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 flat 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 J g", J Page 4, Item JL Meeting Date 11/22/94 ill - .' -~ eroeiling the tax rate, only through abatement can the tax rate be adjusted to account for I . ons. 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. Ootion #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) Ootion #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~"'1 PAGE 5. ITEM ~ MEETING DATE 11/22/94 ~ = ~I~ ~~ e: ~ ~ "'~ ~ 00 "'r- - - '" gl@ t ~ N '" - O'!'" r- r- oo i~! -D ~~ '" -D r- . <<i <<i - r- '" 0- '" ...:+ .e- - N- N '" _N '" '" - .. .. 0 U -g ...,~ 88 8 8:;:: 8 8 NN = Il:li 8 88 8 8 0000 ~ i~" r-: vir--: 0 0 -D00 0 0 ~ ~~ '" '" '" - ~ - N- N '" 0\ - '" '" - ...:+ .. .. ....~ ~~ tIl = 8 8:;:: 8! '" r::Q Iii 8 88 8 8 N ~~ 00 r-:<<i '" .,.; \CioO ?:i 0 00 -- e: .... - r-o '" 0 N'" ~ c::5~ - -- - '" 0\- '" - ...:+ .. S ~ ~~ ..... ....B~ ~'" ~tf'i' 0\ N 00 0\", '" ~ ~ ~~ e: ii~ '" . 00 00 '" O'!oo '" Q -D 0\ . '" r-: '" . -D 0\ N'" - 00\ '" tIl 00 _r- - N -- - '" r- e: Q .. ... ... + Cl. 0 ~ ~.~ .. = ","'0 Il!ti. ~ "'~ '" :2 or- 0\ 00 r- '" '" e ,.. '" ":,,, t-: "'~ '" r- oo NN i1!ei 0 o . r- '" ocioci '" 0 '" 0\+ NO 0 ~ ~;:; 00 _r- - N 0\ - - '" r- d.. ~ + .."" ~~ = .... B =: c c.... g g gg g g g E-c Il".:s .... lIlr- ~ i!~ oC r-- . iii iii i~ iii C ~ i _00 c ~ r-- _\0 - N - <'l fl Q. .. ~ ~ tIl ~ 'ill :::!! e: = ~ C> .. '0; tIl ,..... , = ! .!! ~ r::Q I '" ~ tIl al '" e >< = .9'~ g. .!! >< 'a Q i ~ ~.!! E ~ .. c.._ 5 ~ 8 ~ II "" i = ~ ~ '" 8 <'l 0'" ,..... OS '" ... c. - , e N '" .. - ... t i c.. t = oS oS '" c >< ~ .~ .~ 0'" ~ e ... .... r-'" ~ II ~ .. II C i Cl. II .5 .,!,~ u.. ..... "Cl ::3 ~ ~ = II ] ~- '" l> rl .:. ~ = [g~ 'j ~ rl .. 'a ~ = '" ] E !l .. rl .. = =:I '" 'ill .:l.~ ... ::I 0' =:I .. ~ = ::I ::I E il .c = = II ~1 ....13 ~ ~ -g C> '0; l>Il i ~1;j j .. ::I ... '" = ~ ::I .!! .c .. III - .... 0\8 ! ~ ~ "Cl ::I ::I , i:81 ~ ~ = E file ~ :l -<~ ~ -< ='s ;> Jr~ Page 6, Item Meeting Date 11/22/94 If OptiQn #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. /8"~ RESOLUTION NO. J773~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ABATING 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 IN ORDINANCE 2408, WITH THE EXCEPTION OF TAXES ON SPECIFIC BUSINESSES WHICH WERE ADOPTED BY COUNCIL ORDINANCE AFTER JANUARY 1, 1991 WHEREAS, Ordinance No. 2408 passed by Council on October 25, 1990 offers Council the ability to abate the scheduled business license increase during any years, for a one year period only, to any level chosen as long as the tax rates did not fall below the 1991 level; and WHEREAS, due to the economic downturn, the City Council abated the scheduled tax increases in 1992, 1993 and 1994 and the current tax rate for the majority of businesses has remained at the CY 1991 levels; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby abate the scheduled Calendar Year 1995 Business License Tax rates for one year and retain Business License Taxes in Calendar Year 1995 at the 1991 level, with the exception of taxes on specific businesses which were adopted by Council Ordinance after January 1, 1991 as provided for in Ordinance 2408. BE IT FURTHER RESOLVED that staff is directed to send a letter explaining Council's action to all business with their business license renewal forms. Robert Powell, Director of Finance ed as ~ Presented by C:\r8\buslicen.tax IrA ,/ ORDINANCE NO. .J.f/lr AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.60 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO BUSINESS LICENSE TAXES AND REGULATIONS OF VENDING AND AMUSEMENT MACHINES SECTION I: That Chapter 5.60 of the Chula vista Municipal Code is hereby amended to read as follows: Chapter 5.60 VENDING, WEIGHING, MUSIC.L AMUSEMENT,- AND VIDEO MACHINES .Mfa NEWSlU'.ClKs28 sections: 5.60.010 5.60.020 5.60.030 5.60.040 Vending, weighing, music, amusementT and video machines aBd BeWSFaeks- License Tax-Reeeip~sLicense to be attached to machine. Repealed. Repealed. Repealed. 5.60.010 Vending, weighing, music, amusementT and video machines aBd BewsFaeks-License Tax-Reeeip~BLicense to be attached to machine. Every person eSfla1:1etiflEj, maRaEjiflEj or earryiREj eR the. slioincca af eporat.iflEj SF maiRtaiRiflEj allY who ooerates a business which has. on the premises on which the business is located. a vending, weighing, music, amusement, or video machines SE' Re\lsE'acks 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 separatelY assessed as a business license tax independent of the primary business conducted on the premises. Postage machines. newsracks and laundry machines are exempt from license taxes. as are vendino machines for which at least eiohty percent of the proceeds from the operation of the machines are made available to a non-profit oroanization. and are shown to the satisfaction of the City Finance Officer to be available to a non-profit oroanization and are labeled to the satisfaction of the city Finance Officer as dedicated to a non-profit oroanization. The City Finance Officer shall issue a separate E'eeciptlicense for each such machine, which shall be attached /8'/J' / to and maintained thereon for the full term for which the rccciptlicense is issued. 5.60.020 Music machines-License fee-Receipt to be attached to machine. (Section repealed by Ordinance No. 2408 Sl (part), 1990; Ord. 1801 S12 (part), 1978; prior code S18.53). 5.60.030 Amusement machines-Licenses fee-Receipt to be attached to machine. (Section repealed by Ordinance No. 2408 Sl (part), 1990; Ord. 1801 S12 (part), 1978; prior code S18.54). 5.60.040 Other coin-operated vending machines-License fee. (Section repealed by Ordinance No. 2408 Sl (part), 1990; prior code S18.55). SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by form by Robert Powell, Director of Finance , city C:\or\chap560 /~8~~ COUNCIL AGENDA STATEMENT Item11- Meeting Date 11/22/94 ITEM TITLE: Resolution J 7?lb Approving an agreement between the City, The Environmental Trust, Inc. and Bonita Long Canyon Partnership for purchase of land as wetlands mitigation for two City projects and AT&T's project at 865 Third Avenue and authorizing the Mayor to execute said agreement on behalf of the City SUBMITIED BY: Director of Public Works Director of Planning REVIEWED BY: City ManageLt1 (4/Sths Vote: Yes_ No X ) This i m was continu fr m m f N v mber I 4 R Cons r n .Commission fRCC) had not vet made a recommendation. The RCC will meet on Mondav Novemberr 21. Conncil will be notified of their action. The winter storms of 1993 caused damage to a number of locations within the City of Chula Vista. Restoration work was or will be accomplished for two City projects and one private project. As a result of work completed or to be completed by the City and proposed work by American Telephone and Telegraph (AT&T) at 865 Third Avenue, the Department of Fish and Game (DF&G) required wetlands mitigation. The City has been working towards obtaining land to mitigate the two City projects. The DF&G suggested that the City and AT&T combine mitigation so as to provide a larger area rather than three smaller sites. This proposed agreement is the result of negotiations to obtain land as wetlands mitigation for both City projects and the AT&T site. RECOMMENDATION: Approve the agreement to purchase land for wetland mitigation and authorize the Mayor to execute same on behalf of the City BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) will review this agreement on 11-21-94 A report will be prepared for the City Council regarding the RCC action and placed on the dais. DISCUSSION: Backl!round The environmental section of the Planning Department has been working with the Department of Fish and Game (DF&G) to find suitable mitigation for two City projects which the DF&G determined required wetlands mitigation. One project was the remedial repair of washed out areas within Telegraph Canyon Creek (TCC), the other was a similar situation within Bonita Long Canyon Creek (BLCC). The TCC project was funded through the City CIP program and the BLCC project will be funded by a CIP with the possibility of a partial reimbursement by the Federal Emergency Management Agency (FEMA). The TCC project required 0.2 acres of mitigation and the BLCC project will required approximately 0.54 acres of mitigation for work being accomplished. 11-/ Page 2, Item lL Meeting Date: 11/22/94 In addition to the two City projects, AT&T had a proposed project adjacent to 865 Third Avenue in which mitigation was required by the DF&G. That project required 0.4 acres of mitigation. COMBINED PROJECTS The combined projects are proposed to be mitigated through the purchase of two parcels with a total acreage of 2.47 acres. The DF&G has indicated that the two parcels contain 1.25 acres of wetlands. The three projects indicated above require 1.14 acres of wetland mitigation. Therefore in addition to providing mitigation for the projects, DF&G indicated that the City would have 0.11 acres available for future mitigation ( see the DF&G Streambed Alteration Agreement (SAA) 5-766-93, item 5). The DF&G also indicated that the land would have to be enhanced. Enhancement is anticipated to include removal of invasive plants and replanting with wetland species within the 1.25 acres. The Environmental Trust Inc. (TET) will discuss the necessary enhancement with the DF&G after approval of this agreement. The total cost to purchase the property including escrow costs is not expected to exceed $35,000. Enhancement of the parcel is required by DF&G. Enhancement costs are anticipated to range from $10,000 to $30,000. Therefore, the total cost is anticipated to range between $45,000 and $65,000. Since the AT&T $30,000 plus any interest will be used fIrst (see City Assumption of AT&T Mitigation below), the City cost will range between $ $10,000-$35,000. Reimbursement from FEMA for approximately 30 percent of the cost for the BLCC project could occur. If this happens, the City could be reimbursed approximately $10,500 in which case the City's cost could range between $0 and $20,000. CITY ASSUMPTION OF AT&T MITIGATION The AT&T project required 0.4 acres of mitigation. The DF&G suggested to AT&T that they combine their mitigation with the City's to end up with a larger mitigation site. AT&T obtained an estimate from PacifIc Southwest Biological Services (PSBS) to mitigate for their project. The estimate came to approximately $30,000. The City agreed to assume AT&T's mitigation responsibility if the total cost of mitigation did not exceed $30,000 plus any interest earned on the money (see letter dated May 26,1994). The DF&G revised the SAA to reflect our commitment except that no upper limit was indicated. Consequently, staff did not execute the agreement even though AT&T provided the $30,000. AT&T subsequently agreed in a letter dated October 5, 1994 to provide an additional $15,000 as security for any overrun of costs. In addition, they agreed in their letter to pay any additional costs that can be associated with their portion of the project after discussing with DF&G solutions and receiving authorization from AT&T. The initial $30,000 provided by AT&T will be used to obtain the land with the City providing any additional costs unless it can be shown that the AT&T portion of the mitigation should be higher Staff has indicated to AT&T that items 4 and 5 of their letter were not acceptable in that the property would be granted directly to The Environmental Trust Inc. (TET) leaving both the City and AT&T out of the chain of title and all the mitigation work would be done by TET making it unnecessary to require the items indicated in Item 5 In discussions with AT&T they have agreed to the deletion of Items 4 & 5. Prior to the signing of the purchase agreement, a revised letter from AT&T will be received deleting Items 4 & 5. 1'1'.2 Page 3, Item 19 Meeting Date: 11/22/94 Since the land deal had been reviewed by DF&G and indicated verbally that it appeared to be acceptable as mitigation for the two City projects and AT&T's project, the City executed the SAA 5-648-93 (AT&T) so that the work could begin before this winter Subsequent to that time the DF&G executed SAA 5-766-93 which indicated that the land was acceptable as mitigation for the three projects. TERMS OF PURCHASE AGREEMENT The purchase agreement before Council tonight provides for the purchase of two parcels of land from the Bonita Long Canyon Partnership (BLCP) which total 2.47 acres of land. The land will be purchased for $20,000 and will be transferred through an escrow to TET who agree to maintain the land in accordance with the DF&G requirements. The agreement provides for TET to be paid $10,000 for providing maintenance. The DF&G has reviewed the agreement and indicated in the most recent SAA (5-766-93) that the land will be acceptable as mitigation for the two City projects and AT&T's project with enhancement. Section 3.3 of the agreement requires TET to obtain a determination from DF&G that the property satisfies the Cities' requirements to provide off-site mitigation prior to close of escrow There is a $2,500 deposit to be made to the escrow holder by the City which is non refundable if the deal is not completed for any reason other than the sellers default or the non-fulfillment of the conditions contained in paragraph 3 of the agreement. Paragraph 3 requires approval of a title report, a biological study and government acceptance by the DF&G as wetland mitigation and permanent open space. If the deal is consummated, the $2,500 goes towards the purchase price of the property. Designation of who pays escrow costs are contained within the agreement with the costs essentially being split between the seller, BLCP, and the City except BLCP will pay the entire realtor fee associated with this deal. FISCAL IMPACT: The City's cost could vary from $10,000 to $35,000. Total cost is not expected to exceed $65,000 of which AT&T has deposited $30,000 and pledged another $15,000 if their proportionate share of the purchase requires the money to be paid by them. AT&T has also indicated they would provide additional funds in excess of the $45,000 indicated if it can be shown to relate to their proportionate share of the total cost. Funds are available in Project DR122, $2900; Project DR 118, $32,100. Reimbursement from FEMA for approximately 30% of the mitigation cost for the BLCC project could occur. That could amount to about $10,500 based upon a proportion of the anticipated total cost of mitigation for the BLCC project. WAUl PG-482 Attachments: Exhibit A Exhibit B Exhibit C Exhibit 0 Exhibit E Exhibit F Mitigation property location SAA 5-630-93 Gunite Project TCC SAA 5-648-93 AT&T Project TCC SAA 5-766-93 BLCC project Letter dated May 26,1994 N.r $(!A...,}€() Letter from AT&T dated 10/5194 Npr St'ANiAJ~'p M:\homc\enginccr\agcnda\ATTAGR. Wall 19-3 /19-1 RESOLUTION NO. 17710 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE ENVIRONMENTAL ~RUST, INC. AND BONITA LONG CANYON PARTNERSHIP FOR PURCHASE OF LAND AS WETLANDS MITIGATION FOR TWO CITY PROJECTS AND AT&T'S PROJECT AT 865 THIRD AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, the winter storms of 1993 caused damage to a number of locations within the City of Chula vista and restoration work was or will be accomplished for two City projects and one private project; and WHEREAS, as a result of work completed or to be completed by the City and proposed work by American Telephone and Telegraph (AT&T) at 865 Third Avenue, the Department of Fish and Game (DF&G) required wetlands mitigation; and WHEREAS, the City has been working towards obtaining land to mitigate the two City projects; and WHEREAS, the DF&G suggested that the city and AT&T combine mitigation so as to provide a larger area rather than three smaller sites; and WHEREAS, this agreement is the result of negotiations to obtain land as wetlands mitigation for both City projects and the AT&T site. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve an agreement between the City of Chula vista, the Environmental Trust, Inc. and Bonita Long Canyon Partnership for purchase of land as wetlands mitigation for two City projects and AT&T's project at 865 Third Avenue, a copy of which is on file in the office of the city Clerk as Document No._ ___ (to be completed by the Clerk in the final document). 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. Presented by John P. Lippitt, Director of Public Works C:\rs\AT&T /9~f /ICJ-;'~ - . . . ~~ \'\ l2:,adl '1' ~ COUNCIL AGENDA STATEMENT ltemL Meeting Date 11/8/94 ITEM TITLE: Resolution J 7 7/1/ Approving an agreement between the City, The Environmental Trust, Inc. and Bonita Long Canyon Partnership for purchase of land as wetlands mitigation for two City projects and AT&T's project at 865 Third A venue and authorizing the Mayor to execute said agreement on behalf of the City SUBMITI'ED BY: Director of Public WO'"2J~ Director of Planning Pi REVIEWED BY: City Manager~ ~\, ) The winter storms of 1993 caused damageU a ~mber of locations within the City of Chula Vista. Restoration work was or will be accomplished for two City projects and one private project. As a result of work completed or to be completed by the City and proposed work by American Telephone and Telegraph (AT&T) at 865 Third Avenue, the Department of Fish and Game (DF&G) required wetlands mitigation. The City has been working towards obtaining land to mitigate the two City projects. The DF&G suggested that the City and AT&T combine mitigation so as to provide a larger area rather than three smaller sites. This proposed agreement is the result of negotiations to obtain land as wetlands mitigation for both City projects and the AT&T site. RECOMMENDATION: Approve the agreement to purchase land for wetland mitigation and authorize the Mayor to execute same on behalf of the City BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) will review this agreement on 11 -7-94 A report will be prepared for the City Council regarding the RCC action and placed on the dais. DISCUSSION: Backl!round The environmental section of the Planning Department has been working with the Department of Fish and Game (DF&G) to find suitable mitigation for two City projects which the DF&G determined required wetlands mitigation. One project was the remedial repair of washed out areas within Telegraph Canyon Creek (TCC), the other was a similar situation within Bonita Long Canyon Creek (BLCC). The TCC project was funded through the City CIP program and the BLCC project will be funded by a CIP with the possibility of a partial reimbursement by the Federal Emergency Management Agency (FEMA). The TCC project required 0.2 acres of mitigation and the BLeC project will required approximately 0.54 acres of mitigation for work being accomplished. In addition to the two City projects, AT&T had a proposed project adjacent to 865 Third Avenue in which mitigation was required by the DF&G. That project required 0.4 acres of mitigation. )Yr /9~/ Page 2, Item 1 - Meeting Date: 1] /08/94 ~ COMBINED PROJECTS The combined projects are proposed to be mitigated through the purchase of two parcels with a total acreage of 2.47 acres. The DF&G has indicated that the two parcels contain 1.25 acres of wetlands. The three projects indicated above require I ]4 acres of wetland mitigation. Therefore in addition to providing mitigation for the projects, DF&G indicated that the City would have 0.11 acres available for future mitigation ( see SAA 5-766-93, item 5). The DF&G also indicated that the land would have to be enhanced. The total cost to purchase the property including escrow costs is not expected to exceed $35,000 Enhancement of the parcel is required by DF&G Enhancement costs are anticipated to range from $]0,000 to $30,000. Therefore, the total cost is anticipated to range between $45,000 and $65,000 Since the AT&T $30,000 plus any interest will be used first (see City Assumption of AT&T Mitigation below), the City cost will range between $ $10,000-$35,000 Reimbursement from FEMA for approximately 30 percent of the cost for the BLCC project could occur If this happens, the City could be reimbursed approximately $10,500 in which case the City's cost could range between $0 and $20,000 CITY ASSUMPTION OF AT&T MITIGATION The AT&T project required 0 4 acres of mitigation. The DF&G suggested to AT&T that they combine their mitigation with the City's to end up with a larger mitigation site. AT&T obtained an estimate from Pacific Southwest Biological Services (PSBS) to mitigate for their project. The estimate came to approximately $30,000 '"'" The City agreed to assume AT &T's mitigation responsibility if the total cost of mitigation did not exceed $30,000 plus any interest earned on the money (see letter dated May 26,1994) The DF&G revised the Streambed Alteration Agreement (SAA) to reflect our commitment except that no upper limit was indicated. Consequently, staff did not execute the agreement even though AT&T provided the $30,000 AT&T subsequently agreed in a letter dated October 5, 1994 to provide an additional $15,000 as security for any overrun of costs. In addition, they agreed in their letter to pay any additional costs that can be associated with their portion of the project after discussing with DF&G solutions and receiving authorization from AT&T The initial $30,000 provided by AT&T will be used to obtain the land with the City providing any additional costs unless it can be shown that the AT&T portion of the mitigation should be higher Staff has indicated to AT&T that items 4 and 5 of their letter were not acceptable in that the property would be granted directly to The Environmental Trust Inc. (TET) leaving both the City and AT&T out of the chain of title and all the mitigation work would be done by TET making it unnecessary to require the items indicated in Item 5 In discussions with AT&T they have agreed to the deletion of Items 4 & 5. Prior to the signing of the purchase agreement, a revised letter from AT&T will be received deleting Items 4 & 5 Since the land deal had been reviewed by DF&G and indicated verbally that it appeared to be acceptable as mitigation for the two City projects and AT&T's project, the City executed the SAA 5-648-93 (AT&T) so that the work could begin before this winter Subsequent to that time the DF&G executed SAA 5-766-93 which indicated that the land was acceptable as mitigation for the three projects. "'""' ~ Jl-~ . . . Page 3, Item ~ Meeting Date: 11/08/94 TERMS OF PURCHASE AGREEMENT The purchase agreement before Council tonight provides for the purchase of two parcels of land from the Bonita Long Canyon Partnership (BLCP) which total 2.47 acres of land. The land will be purchased for $20,000 and will be transferred through an escrow to TET who agree to maintain the land in accordance with the DF&G requirements. The agreement provides for TET to be paid $10,000 for providing maintenance. The DF&G has reviewed the agreement and indicated in the most recent SAA (5-766-93) that the land will be acceptable as mitigation for the two City projects and AT&T's project with enhancement. Section 3.3 of the agreement requires TET to obtain a determination from DF&G that the property satisfies the Cities' requirements to provide off-site mitigation prior to close of escrow There is a $2,500 deposit to be made to the escrow holder by the City which is non refundable if the deal is not completed for any reason other than the sellers default. If the deal is consummated, the $2,500 goes towards the purchase price of the property Designation of who pays escrow costs are contained within the agreement with the costs essentially being split between the seller, BLCP, and the City except BLCP will pay the entire realtor fee associated with this deal. FISCAL IMPACT The City's cost could vary from $10,000 to $35,000. Total cost is not expected to exceed $65,000 of which AT&T has deposited $30,000 and pledged another $15,000 if their proportionate share of the purchase requires the money to be paid by them. AT&T has also indicated they would provide additional funds in excess of the $45,000 indicated if it can be shown to relate to their proportionate share of the total cost. Funds are available in Project DR122, $2900; Project DR 118, $32,100 Reimbursement from FEMA for approximately 30% of the mitigation cost for the BLCC project could occur That could amount to about $10,500 based upon a proportion of the anticipated total cost of mitigation for the BLCC project. WAUl PG-482 Attachments : Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Mitigation property location SAA 5-630-93 Gunite Project TCC SAA 5-648-93 AT&T Project TCC SAA 5-766-93 BLCC project Letter dated May 26,1994 Letter from AT&T dated 10/5/94 M:\homc\cnginccr\agcnda\ATIAGR. wan ~ /9-; . . . RESOLUTION NO. 177/t) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE ENVIRONMENTAL TRUST, INC. AND BONITA LONG CANYON PARTNERSHIP FOR PURCHASE OF LAND AS WETLANDS MITIGATION FOR TWO CITY PROJECTS AND AT&T'S PROJECT AT 865 THIRD AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, the winter storms of 1993 caused damage to a number of locations within the City of Chula vista and restoration work was or will be accomplished for two City projects and one private project; and WHEREAS, as a result of work completed or to be completed by the City and proposed work by American Telephone and Telegraph (AT&T) at 865 Third Avenue, the Department of Fish and Game (DF&G) required wetlands mitigation; and WHEREAS, the City has been working towards obtaining land to mitigate the two city projects; and WHEREAS, the DF&G suggested that the City and AT&T combine mitigation so as to provide a larger area rather than three smaller sites; and WHEREAS, this agreement is the result of negotiations to obtain land as wetlands mitigation for both city projects and the AT&T site. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve an agreement between the city of Chula vista, the Environmental Trust, Inc. and Bonita Long canyon Partnership for purchase of land as wetlands mitigation for two City projects and AT&T's project at 865 Third Avenue, a copy of which is on file in the office of the city Clerk as Document No._ ___ (to be completed by the Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execu said agreement for and on behalf of the City. Presented by as It f by Bruce M. Attorney C ty John P. Lippitt, Director of Public Works C:\rs\AT&T ~ )9~~ ) .~. __ _':_.L_~.. .._ ", .~ . .~..:_._~.- , . -" ~BJ ~ ?\) !T1 ~ ~ ..... m ^ :r: - t]J - -\ , , ~, .... <: . , , CALIFORNIA DEPARTKDlT OF FISH AND QAXB 330 Golden Shore, Suite 50 Long Beach, California 90802 "'" Notification Page -L of No.S-630-93 ....L . -4 AQRBBXBN'1' RBaARDINQ PROPOSED STRKAX OR LAJtB ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and Roberto Saucedo of City of Chula Vista: 276 Fourth Ave.: Chula Vista. CA 91~10: (619) 422-0750, State of California, hereinafter called the Operator, is as follows: WHEREAS,pursuant to Section ~ of California Fish and Game Code, the Operator, on the ~ day of October,~, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or USe material from the streambedls) of, the following water(s): Telearaoh Canyon Creek, San Diego County, California, Section ~ sections 121.122.140 Township ~ Range ~. WHEREAS, the Department has determined that such operations may adversely affect existing fish and wildlife resources including: aauatic resources and wildlife in the area substantially sonabirds. and all THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this ~ Agreement and with other pertinent code sections, including but not limited to Fish ' and Gam~ Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Aareement becomes effective the date of Deoartment's sianature and terminates Januarv 31. 1994 for Droiect construction only. This Aareement shall remain in effect for that time necessary to satisfy the terms/conditions of this Aareement. " ~ i f__~ I I \ \. ~ /7-~j/ " . . . Page ...L of ...l.- STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-630-93 1. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement doea not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed to gunite approximately 4000 square feet of stream banks, located between Fourth Avenue alOil Hilltop Park, in the City of Chula Vista. 3. The agreed work includes activities associated with No.2 above. The project area is located in Teleiraph Canyon Craak in San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed unless directed differently by this agreement. 4. The Operator shall not impact more than 4000 square feet of stream (approximately 0.1 acre) . 5. The Operator shall enhance (with exotics removal and seeding/planting with natives to discourage the reintroduction of exotics) 0.2 acres of stream immediately adjacent to the project. The Department strongly recommends the enhancement work be a part of the future long-term planning for Telegraph Creek Channel. 6. The Operator shall submit a final mitigation plan for Department review and approval within 60 days of signing this agreement. The plan shall include a map showing the area for creation/enhancement and plant palette. . 7. The mitigation shall be installed by March 31, 1994. 8. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. 9. The Operator shall not operating equipment in wetted areas (including but not limited to ponded, flowing, or wetland areas) . 10. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 11. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. 12. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 13. Raw cement/concrete or washings thereof, 'asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. Any of these materials, placed within or where they may enter a stream or lake, by Operator or any party working under contract, or with the permission of the Operator. shall be removed immediately. 14. Any equipment or vehicles driven and/or operated within or adjaeent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. . ~ /f~..2> / "'! . . . . Page ..l.. of ..l.. STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-630-93 15. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. """" 16. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from sny logging, construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 17. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 18. No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. 19. The Operator shall provide a copy of this Agreement to all contractor., .ubcontractor., and the Operator!. project .upervi.or.. Copies of the Agreement .hall be readily available at work .ite. at all time. durin; period. of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 20. The Operator .hall notify the Department, in writing, at lea.t five (5) dey. prior to initiation of con.truction (project) activities and at lea.t five (5) day. prior to completion of con.truction (project) activitie.. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long Beach, CA 90802, Attn: ES. """'" ( 21. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. 22. The Department reserves the right to suspend and/or revoke this Agreement if the Department determines that the circumstances warrant. The circumstances that could require a reevaluation include, but are not limited to, the following: a. Failure to comply with the terms/conditions of this Agreement. b. The information provided by the Operator in support of the Agreement/Notification is determined by the Department to be incomplete, or inaccurate. c. When new information becomes available to the Department representative(s) that was not known when preparing the original terms/conditions of this Agreement. d. The project as described in the Notification/Agreement has changed, or conditions affecting fish and wildlife resources change. CONctnlRENCE (Operator'. name) California Dept. of Fish and Game ~fgLd~_k- ( ign ure) 11-3<' '~f (date) . ,{~~ I~~\V (signature) (date) .,s""r C :../ ':;"'OU-<..o/ (t tle) (/ Environmental SDecialist III (title) """" ~ /9~..2? . . . CAI.IrOUIA DZPAIl.'l'DJl'f OF rUB AIlIl aaJII 330 Golden Shore, s~ite SO Long aaaeh. California 90802 Notification No.5-'48-93 .age ..... of J.... AQRKDmllT UGAJl,DXIlO paoPOIKll .ftKAX oa toUt. ALTWaATION THIS AGREEMENT, entered into betwaen the Stata of. california. Department of .ish and Game, hereinafter called the Department, and Mario Gatee of AT&T: ~~~~ ~o~!~~~~ ~r R~~m ~~ga~ ~;ea,an~~~ ~ ~~~~~~,and ~lifford Swanson. ~~~;~ ~ire~i~~ ~f ~~~}i~ ;~~95 0 ; i'l; ; Viata: 276 Fourth Ave,: Chula V:..____ __ ___-0.:. (~___ _2_..___7: ('_9__1S-6471: (619' 477.!)33; State of ealifornia , hereinafter called ~he Operator. I 18 .5 follows: WHBREAs.p~ra~ant to Section ~ of california Fiah and aame Code, the Operatora, on the ~ day of November, li!l. notifi~d the pepartment that they intend to divert or ob.truct the natural flow of. or change the bed. channel, or bank of, or ~ae material from the atreambed(sl of. the following waterlal: Telearaoh Canvon Creek, San D11'o county. California. Section -- Township __ Ranga --' WHEREAS, the Department hee determined that such operations may sub.tantially adveraely affect exi8ting fish and wildlife resources incl~ding: aonabirde and all .au_tie resouroe- And wildlife in the ar... THEREFORE. the pepartment hereby proposa. mea.ures to protect fi.h and wildlife reeo~rcea d~ring the Operator'. work. Tha Operator hereby agrees to accept the following measuree/condition. a. part of the proposed work If the Operators' work change. from that atatad in the notification specif~ed above. this Agreement ia no longer valid and a new notification shall be 8ubmitted to the Oepartment of 'ish and Game Failure to comply with the provisions of this Agreament and with other pertinent code sections, including but not limited to .iah end aame Code sections 5650, 5652, 5937. and 5948, may re8~lt in prosecution. Nothing in this Agreement .~thorize. the operators to trespa.s on any land Or property, nor doee it relieva the Operatora of responsibility for compliance with applicable federal, 8tata, or local lawa or ordinance. A consummated Agre".l"ent does not constit~ta Department of Fi8h and Game endoreement of the propoaed operation, or asaure the Plpartment'a conc~rrence with permits re~irad from other ageneiaa. r:~;i;~~~::~;~~ri::i:~!:~~~::;~:~~~ s=~;:~~~~!!~;:;~t~:' :;~~~~~~~~;~~. e~fl.l t.hi. Aor..ment. Ii' frff )f-.,2? 0' . Page ...1... of --L. STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-648-93 1. The following provisions constitute the limit of activities agreea to ana resolvea by this Agreement. The signing of this Agreement aoes not imply that the Operators are precluaea from doing other activities at the aiee. However, activitiaa not specifically agreed to ana resolved by this Agreement ahall be subjsct to separate notification pursuant to Fish and aame Code Sections 1600 et seq. 2. The Operators propose to alter the streambed to construct concrete channelization for 450 lineal feet, impact ins 0.4 acrea of stream. The project is located at 865 Third Avenue in the City of Chula vista. 3. The agreed work includes activities aa.ociatad with No.2 above The project area i. located in Telegraph Canyon eraat in .en Diago County Specific work areas and mitigation measures are described on/in the plana and documents submitted by the Operators and shall be implemented as propoaed unless directed differently by this agr..ment. 4. The Operators shall not impact more than 0.4 acrea Of atream. 5. The Operators' submitted estimated cost of riparian habitat enhancement/creation for 0.4 aCres is $30.000. AT.T shall place $30,000 into a dedicated account with the City of Chula Vista Thia money, plus all intsraat. shall ~ be uaed for the mitigation of this project's impacts. The Operators shall submit auch documentation to the pepartment prior to initiation of project construction and prior to any project impacts occurring from the channelization project. .0 ;.pacts ahall Occur until the Department receive a this docuaentatioD. The &Ltisation ahsll be inatalled DO lat.r than rabruary 1, It,S. 6. The City of Chula Vista ahall aelect either option "a" or "b" in writing to the Oepartment at the t~ of aigning tbi. Agr....nt. a. The long-t.rm plan (draft mitigation plan with impacte, channelization design, mitisation location and amount) for Telegraph creek Channel ahall ba aubmitted to the Department for review and approval no later than 'eptamber 30, 1"4 by the City of Chula Viata. The mitisation eball be inatalled no later than February 1, 1995, and ahall include the mitigation for the 0.4 acres of impacts by this project, applying the $30,000 plus interest in the dedicated account. or . b. The City of Chula Vieta ehall mitigate off-site with 0 4 acrae of riparian habitat enhancement/creation no later than F.bruary 1, 1995. The City ahall aubmit a draft attigation plan for Department review and approval (including a map ehowing the area for creation/enhancement, work proposed, revegetation, plant palette, maintenance, monitoring, etc ) prior to initiation of projact conatruction and prior to any projact impacta occurring frea tbe cbenn.liaation proj.ct. 7. The City of Chula Vista shall be r.sponsible for tha planning. installation, mainteftance, monitoring and Bucceaa ot the mitigation for thie prOject. B. Diaturbance or ramoval of vegatation shall not exceed the limits approvad by the Department. 9. Installation of bridges. culverta, or other etructures shall be euch that water flow ia not impaired Bottoms of temporary culverts ahall be placed at stream channel grade and bottoms of permanent culverta shall be placea at or below .tream channel grade. ~ J/'-';<~ ~ ~ """ . I'age -L of ...i... STREAMBED ALTERATION CONDXTIONS FOR. NOTIFICATION NUMBER: 5-648-93 10. The operators shall not operating equipment in wetted areas (including but not limited to pondad, flowing, or wetland areas) . 11. When work in a flowing stream ia unavoidable. the entire at ream flow shall be diverted around the worK araa by a barrier, temporary culvert, or new channel. LOcation of the upatream and downstream diveraion pointa ahall be approved by the Department. construction of the barrier and/or the new chsnnel shall normally begin in the downstream area and continue in an upstream direction. and the flow ahsll be divarted only when construction of the diveraion is completed. Channel bank or harrier construction shall be adequate to prevent seepage into or from the work area. Channel banks or barriers ahsll not be made of earth or other sUbstancea subject to erosion unless firat enclosed by sheet piling, rock riprap, or other protective material. The enclosure and the supportive material shall be removed when the work is completed and removal shall normally proceed from downstream in an upstream direction. . 12. Preparation ahall be made so that runoff from steep, erodible surfaces will be diverted into atable areas with little erosion potential. Frequent water checks shall be placed on dirt road a , cat tracks, or other work trails to control erosion. 13. Water contsining mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placad in locations that may be subjected to high storm flows. 14. Structures and aaaociated materialS not designed to withatand high seasonal flows ahall be removed to areaa above the high water mark before such flows occur 15. All planting shall have a minimum of 80' survival the first yaar and 100' surviVal thereafter and/or shall attain '5' cover after 3 years and 90' cover after 5 years for the life of the project. If the survival and cover requirement8 have not been met, the Operators sre reaponsible for replacement planting to achieve the.e requirements. Replacement plants shall be monitored with the same 8urvival and growth requirements for 5 years after planting 16. spoil sitee shall not be located within a stream/lake, where spoil shall be washed back into a stresm/lske. or where it will cover aquatic or riparian vegetation. l' Any equipment or vehicles driven and/or operated within or adjacent to the "~L...",/l..k." ,,1...11 \:,,!: Chflcked and maintained deily, to prevcnt lC:1ko Of m:1toriala that if introduced to water could be deleterious to aquatic life. lB. Raw cement/concrete or washing8 thereof, asphalt, paint or other ooating material, oil or other petroleum products, or any other aubstances whicr. could be hazardous to aquatic life, resulting ~rom project related activities, ahall be prevented from contsminating the soil and/or entering the watera of the atate Any of thes. materiale, placed within or where they may enter a stream or lake. by Operators or any party working under contract, or with the permission of the Operator., shall be removed immediately. 19. Staging/storage area. for equipment and materials shall be located outaide of the stream/lake. 20. NO debris, soil, ailt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be waehed by rainfall or runoff into. watars of the State. When operatiOns are completed, any excess materials or d.brie shall be removed from the wOrK area. No rubbish shall be deposited within 150 feet of the high water mark of any stream. . ~ /1-~7 . """\ page ...L of J- STREAMBEP ALTERATION CONPITIONB FOR NOTIFICATION NUMSER: 5-648-93 21. The Operators sha~l comply w1th all 11tter and pollut10n laws. ~ll contractors. subcontractors and employees shall also obey these laws and it sha~l be the responsibility of the operator to ensura compliance. 22. No equipment maintenance shall be done within or near any straam channel or lake margin where patroleurn products or other pollutants from the equ1pment ~y enter these areas under any flow. 23. The OperatorS sha~l provi4a a COpY of thia Agreement to all contractora. a~contractore. and tha Operators' project aupervieors. Copiea of tba Agreement ahall b. r.adily availab~. at work ait.a at all tim-a during partods of activa work and must be praeented to any Department personnel. or personne~ from another agency upon de~nQ 24. The operators shall notify the Pepartmant. in writing, at l.ast five (5) days prior to initiation of construction (project) aotivit1es and at 1.aMt five (5) daya prior to c~l.tion of construction (projeot) activiti.S. Notification shall be eent to the Department at 330 Golden Shore. Ste SO. ~ong Beach, CA 90802, ~ttn: ES 25. The Department reserves tbe right to ent.r the project site at any time to ensure compliance with terms/conditions of this Agreement. 26. The Pepartment reserves the right to suspend and/or revoke this Agreement if the Department determinea that the circumstances warrant. The circumstances that could require a reeva~uatiOn include. bue are not limited to. the fo~lowing: a. Failure to comply with the terms/conditions of thie Agreement. b. The information provided by the Operators in support of the ~re.ment/NotifieatiOn is determined by the Dapartment to be incomplete, or 1naccurate. """\ c. When new information becomes availab~e to the Department representative(s) that ' was not known when preparing the original terms/conditions of this Agreement. d. The project as dascribed in the Notification/Agreement has changed. or conditions affecting fish and wildlife resources change. CONCURRENCE (Oparators' names) California pept. of Fiah and Game j1/.t~/ f{~ ~1eff~ .d~~~t~ (signature \~9t ( ate) Jnvirn~M.ntal SOAcialiat lIt (title) II~~ -Mlf (signatureI ( tel ~... 6 ~ .;,f~ (title) ~ ~J:J-/3{) . . . CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No.5-766-93 Page J of ....L. AGREBMBNT REGARDING PROPOSED STRKAK OR LAltE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and John P. Liooit of ~ of Chula vista: 276 Fourth Ave.: Chula vista. CA 91910: (619) 691-5021: (619) 691-5097; State of California, hereinafter called the Operator, is as follows: WHEREAS,pursuant to Section ~ of California Fish and Game Code, the Operator, on the 28th day of December,~, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): Lena Canyon Creek. tributarv to the Sweetwater River, San Diego County, California, Section __ Township __ Range __' WHEREAS, the Department has determined that such operations may substantially adversely affect existing fish and wildlife resources including: sonabirds and all aauatic resources and wildlife in the area. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. This Aareement becomes ;~~i~~;~i~ci~b:~f~;t of ~his Aareement. effective the date of Deoartment's sianature and 1995 for oroieet construction only. This Aareement for that time necessary to satisfy the terms/conditions t , ,t J ~/9-J / 'J;:r Page -L- of ....L- ~ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-766-93 I. The following provisions constitute the limit of activities agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed to construct a gabion-lined channel, 26' x 900', impacting 0.54 acres of stream. The project is located at south of Bonita Road and east of Otay Lakes Road, and is bounded by Acacia Avenue to the north and Fallbrook Court to the south. 3. The agreed work includes activities associated with No.2 above. The project area is located in Long Canyon Creek. tributary to the Sweetwater River. San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed unless directed differently by this agreement 4. The Operator shall not impact beyond a width of 26' or beyond a length of 900' 5 The Operator shall mitigate with the acquisition and enhancement of the 2 parcels (total of 2 parcels is 2.5 acres; approximately I 25 a~res is wetlands) as described in the submitted documents by Environmental Lana S~"UC10nS, dated August 31, 1994, in a phone conversation with same, August 25, 1994, and in a phone conversation with the Operator dated August 20, 1994. The parcels are located near Rancho del Rey, adjacent to Otay Lakes Road, in the City of Chula Vista. The enhancement plan for the site shall be submitted for Department review and ~ approval (including a map showing the area for enhancement, work proposed, plant palette, maintenance, monitoring, etc.) no later than December 31, 1994 and shall be installed no later than February 1, 1995. Documentation demonstrating the site's protection status (eg permanent biological open space easement) shall be submitted to the Department no later than February I, 1995 It is understood that this mitigation site is serving as off-site mitigation for three projects: 5-766-93 (this project) - 0.54 acres; 5-648-93 (Telegraph Canyon Creek at Third Street with AT&T) - 0.4 acres; and 5-630-93 (Telegraph Canyon Creek between Fourth Street and Hilltop Park) - 0.2 aCres. This leaves approximately 0 11 acres available as mitigation for a future project Any future projects shall be subject to separate notification per Fish and Game Code Sections 1600 et seq. 6. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. 7. . Installation of bridges, culverts, or other structures shall be such that water flow is not impaired, Bottoms of temporary culverts shall be placed at stream channel grade and bottoms of permanent culverts shall be placed at or below stream channel grade. 8. The Operator shall not operating equipment in wetted areas (including but not limited to ponded, flowing, or wetland areas) . ......... ~/J~J;2 . Page -1- of ~ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-766-93 9. When work in a flowing stream is unavoidable, the entire stream flow shall be diverted around the work area by a barrier, temporary culvert, or new channel. Location of the upstream and downstream diversion points shall be approved by the Department. Construction of the barrier and/or the new channel shall normally begin in the downstream area and continue in an upstream direction, and the flow shall be diverted only when construction of the diversion is completed. Channel bank or barrier construction shall be adequate to prevent seepage into or from the work area. Channel banks or barriers shall not be made of earth or other substances subject to erosion unless first enclosed by sheet piling, rock riprap, or other protective material. The enclosure and the supportive material shall be removed when the work is completed and removal shall normally proceed from downstream in an upstream direction. 10. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 11. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows 12 Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur . 13. All planting shall have a minimum of BO' survival the first year and 100' survival thereafter and/or shall attain 75' cover after 3 years and 90' cover after 5 years for the life of the project If the survival and cover requirements have not been met, the Operator ia responsible for replacement planting to achieve these requirements Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting. 14. Spoil sites shall not be located within a stream/lake, where spoil shall be washed back into a stream/lake, or where it will cover aquatic or riparian vegetation. 15. Any equipment or vehicles driven and/or operated within or adjacent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. 16. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. Any of these materials, placed within or where they may enter a stream or lake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. 17. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. 18. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream. . ~J70) l~, Page ...!... of ...!... "'"'\ STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-766-93 19. The Operator shall comply with all litter and pollution laws All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 20. No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. 21. The Operator shall provide a copy of this Agreement to all contractors, subcontractore, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 22. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Ste 50, Long Beach, CA 90802, Attn ES 23. The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. 24. The Department reserves the right to suspend and/or revoke this Agreement if the Department determines that the circumstances warrant. The circumstances that could require a reevaluation include, but are not limited to, the following: a. Failure to comply with the terms/conditions of this Agreement. b. The information provided by the Operator in support of the Agreement/Notification is determined by the Department to be incomplete, or inaccurate. c. When new information becomes available to the Department representative(s) that was not known when preparing the original terms/conditions of this Agreement d. The project as described in the Notification/Agreement has changed, or conditions affecting fish and wildlife resources change. "'"'\ , CONCURRENCE (Operator's name) California Dept. of Fish and Game (signature) (date) (signature) (date) (title) Environmental Soecialist III (title) """"\ . ~ H-JY)Q-.3'l ~""I'J'I'I<I . ~ il') I I II '-'l....ll'. '''_ "...; l ,.). _~., ~ '-' -:; . ~u?- ~ 0lY Of CHULA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION May 26, 199<4 PO-482 MI. Terry Dickcnon Environmental S~slilt, ill DEPAltTMENT OF FISH.u.."'D GAME 330 Golden Shore, Sui= SO Lon& Beach, CA 90802 SUl!JECT: Streambed Alternation NotiflC1tion No 5-648-93 86S Third Avenue, Chula Vilta, CA 920~0 Dear M.s. Dicm-aon: . We have been worlcini with AT&T and their rcpresc:ntatives on the above mentioned project, The project plans have been approved for construction and a i:rading permit is ready to be iuucd. It u our unclerst&l1ding that AT&T will have to mitigate for the impacts cau~ by constructini the concrete lined channel The City of Chula Vista is currently worldne with your Department on plans to improve the remainder of Te.lceraph Canyon Creek. in the vicWty of this project. Pacific Southwcst Bioloi:ica1 Services. Inc. haJ been working with the City to develop ideas for mitigation of anticipaU:d impacU wllli:h will occur with the construction of improvcmenU for the Telegraph Canyon Crcclt. AT&T would lih to provide the City with a cash bond to be wed in the mitigation of the ovc:all Telegraph Canyon project in lieu of m.itlg:ltion for their individual projcct to provide for the impa.cu caused by their project. This money ___'ill be used by the City in conjunction with fundi buageU:d by the City for mitigation and/or enhancement work. The cash bond provided by AT&T will be put in separa~ a.ccount '" that it will not be usod for other purpCl5e.\. We are cu=tly in the early sta&~ of the desien fOT the City project and at the pn:xnt time do not have fundin& .vv.ilAble for construction Therefore, it could be . number of ycan before the City ptoj eet could a.ctu.a.lly be b l.lil t Enclosed i. an catimate of the cost to restore an ~ of land in the Swcetwa.t:a" River prcpan:d by Kyle Ince of Pacific Southwest BiolO~cal Service! Inc. TIlat estimate was for 0.4 a.c:I'U of m.ititation. Therefore the $30,000 proposed by AT&T assumes a 1: 1 wetlands mi~ation with no land acquistion fur the AT&T site. The City is willing to a=pt the fut\lre~nsibility for AT&T's mitiration '" ione u the requirements do not axed tljc: value of the a..sh bond ph:s acetuM int_..t.... , . . M I?-J~ , 2'711 ,,"()III'~H ^'Jr.'Cr1lllA VISTA f:AI '~O'~NI"" ~l~lOI\t'I'Ql e~\.~'C'l:'>' /'" ...... r !'j I .1 11 ,11'1\." " _,I" "..J..J_ I l:...>....... -.I -' -""\ ATI 2 May 26, 1994 IfFiah and Game is in agrc.cmcnt with this proposal, AT&T I'CqUC3U that you to amend the CIX.btinJ Sttcambed Alteration Permit to reflect the propow. If this is a.ccepblble to Fish and Game, please let me know 10 that an Q8rttment can be prepved to a.ssure that the money will be utiliz.ed for wetland. mitig~tion and to IWUfe lha1 the mitiiation will nol cost more than the fundJ available from AT&T'. ca.sh bond. If you have any qu~tions pl_... amtact Bill Ullrlch at 691-S261. ~~~ Deputy Director of Public WorbJ ory Enilneer WAUfB7-ATI'MIT c: Mario Oatm, AT&T Tony Wonse&ki, Project Design Comultants Kyle lnee, P&c:iEc Southwe!t Bloloj;lCAl S~, Inc. ~ '''''''\ ~ /?~Jf CITY OF CHULA VISTA . . . PC;; 4('7 Z- AT&T - 10/05/94 2" West Monroe Phoenix, AZ 85003 The City ofChula Vista Engineering Department 276 Fourth A venue Chula Vista, California 91910 Clifford L. Swanson, City Engineer Dear Mr. Swanson, The propose of this letter is to set forth the teams upon which AT&T agrees to pay to the City of Chula Vista ("City ") any and all costs incurred hy the City in connection with that certain Agreement Regarding Proposed Stream or Lake Alteration Notification No. 5-648-93 ("Streambed Agreement") by and between the California Department ofFish & Game, and AT&T Corporation (AT&T) and the City I The City agrees to complete certain mitigation activities as required by the Streambed Agreement for work being performed by AT&T on property located at 865 Third Avenue, Chula Vista. 2. AT&T has already deposited $30,000.00 with the City for use by the City in completing these mitigation activities. To the extent that the actual cost of such mitigation exceeds this $30,000.00 amount, AT&T shall be responsible for the payment of such costs, not to exceed $45,000. In the event that costs are estimated to exceed $45,000, City agrees to (I) advise AT&T, (2) discuss solutions with Fish & Game; and (3) proceed with additional work only after authorized to do so by AT&T. 3. In order to secure this obligation, AT&T agrees to post with the City a cash deposit, a Performance Bond, or some other form of security acceptable to the Cil), in the amount of $15,000.00 within 30 calendar days from the date of this letter. 4. City agrees to require the seller of any property acquired for this mitigation work to represent and warrant that there are no hazardous wastes or other contamination of the property. 5. City agrees that all mitigation work will be performed by independent contractors, based on competitive bids. City will require all independent contractors to provide evidence of insurance for public liability, personal injury and property damage, automobile liability insurance, as well as workmen's compensation and employers liability in amounts typically required by the city AT&T will be named as an additional insured to be provided with notice of cancellation. 6. AT&T agrees to protect, indemnify, defend and hold harmless the City and any and all of the City's employees or officials from and against any and all damages, liabilities or costs (Including attorney's fees) which may arise in connection with the City's conduct of the mitigation activities described herein; provided, however, that AT&T is not required to indemnify City against damages resulting from its own negligence. 7 If deemed necessary by the City, AT&T agrees to enter a more detailed agreement to memorialize its obligations set forth herein. ~(~ ~ I- ~/I/ 37 . AGREEI'1ENT FOR PURCHASE OF REAL PROPERH AND ESCROW INSTRUCTIONS Escroyv No Opening of Escrow ,1994 To' Grossmont Escrow C(I ("Escrow Holder") 4757 Palm Avenue La Mesa, California 91941 At tenti on: Norma Verbeck ThiS Agreement for Purchase of ReBl Property and Escrow Instructions (" Agreement ") is dated as of September 26, 1994, for reference purposes only. and is by Bnd tletween Bonita Long Canyon, a General partnerst'lip, MeJlillin Development, General Partner ("Seller") and Hie City of Chula Vista ("PByor") with Tt1e Environmental Trust receiving title to HIE' property. RECITALS . A. Seller H; Hie owner of c.ertain reBl property, 10cBted in the City of Chula VistB, San Diego County, Califor-nia, consisting of two parcels Hlat total BPproxlmately 2.47 acres (the "Property") 6 The Environmental Trust, tnc, a California non-profit benefit corporation (the "Environmental Trust") will help with negotiating with /" the CalifornIa Department of FIsh I>. Game (the" Agency") for Clcceptance by said agency of the Property, os on environmentCll wetland open space preservE' in satIsfaction of certClin off-site mitigatlon requIrements of the Payor. The Environmental Trust will toke title directly from the seller to MId end menage the property in perpetuity. C. Peyor desires to buy end Seller desires to sell the Property for wetland mitIgation, beIng Assessor's Percel Nos 593-140-13 end 14. A legal description will be submitted to Escrow Holder by Seller prIor to Close of Escrow. . pege 1 of 14 ~ .2.3 --? J1~) J " ..2 TERI'l':, AND rOND IT IONS """\ I PURCHASE AND SALE OF THE PROPERTV 1 I Purchase Price Subject to the terms and conditions of this Agreement, Payor agrees to pay Seller a purchese price of Twenty Ttiousand Dollars ($20,00000) ("Purchase Price"), and Seller agree~. to sell to tI"itJ Environrnental Tru~;t, the Property 1.2 DeDosit blJ PalJor. Payor s~lall deliver to Escrow Holder ImmedIately upon OpenIng of Escrow, a city Of Cl1ula VIsta cl"leCk for $2,50000 ("Deposit") which sum sl"lall be held by Escrow Holder for tM benefit of Payor TM Deposit S~Hlll becorne non-refUndat,le as liquidated damages pur~.uant to Section 64 of this Agr-eement, unless this Agreernent has been ter-rninated by Payor pur~.uant to itE. terrns If Escrow closes, t~le Deposit will tie applicable to the Purchese Price 2 OPENING OF ESCROW Escrow Stlall be deemed open 'NI"len a SIgned copy of tl11E. Agreernent """" is delivered to Escrow Holder 3 CONDITIONS PRECEDENT TO PAVOR'S FERFORI'lANCE. The Obligation of Payor to pay for the Property Is SUbject to the satisfaction of all the conditions set forHI below (inclUding the approval of certein matters) within the tIme perIod specifIed, If any, If any of these conditions ere not satisfIed within the applicable time period provided below, If any, or prior to the Close of Escrow (inCluding any extensions) If no time period is specified, Payor may terminflte this Agreement under pflrflgraph 6.2. Pflyor may wfllve In writIng any or all of the conditions, in whole or In part. 3 I Approval of TItle Report 3.1 I The Envlronmentfll Trust will receive a current Preliminary Title Report on the Property issued by Commonwealth Title Insurance Company ("the Title Company"), Order No ("tl18 Title Report") ""ithin ten (I 0) dElY~, after receiving the Tit Ie Report, the Page 2 of 14 l ~)~-1/C . . Environmental Trust may disepprove the THle Report by written notice to Seller ("Notice of Defect") specifying the matters shown in the Title Report, if any, VI'hich are disapproved by the Environmentel Trust ("Disapproved Exception(s)") and stating the specific reason for eac~1 disepproval The fa11ure of Seller to receive the Notice of Defect within the ten (10) dey peri od shall be conclusively deemed to constitute the Environmentel Trust's approvel of the THle Report. 3 1.2. Within five (5) days after receiving a Notice of Defect, Seller shall deliver to the Environmentel Trust notice as to whether Seller will cure the Disepproved Exception(s). If Seller w111 not cure the Disapproved Exception(s), Payor may terminate Hcro'VI' by delivering to Seller written notice within the (:') days after payor's receipt of Seller's notice in wl"lich cese, any monies, instruments or documents delivered to Escrow Holder and/or Seller by Payor shall be returned to Payor 313 If Seller notifies tl)e Environmental Trus;t in writing, as provided eMve, thet it w111 cure the Disapproved Exception(s.) end Seller fails to cure the Disepproved Exception(s) by Close of Escrow, after us;ing best efforts to do so, Payor, in addition to any other remedy availeble at law or equity, may elect to cancel Escrow Notwithstanding any other provi si ons in thi s Agreement, if Payor el ects to cancel Escrow as provided in this Agreement, Seller and/or Escrow Holder shall return to Payor any monies, im;truments or documents delivered to trlem, respectively, under the terms Of HliS Agreement. 3 1 4. A Dis;approved Exception specified in a Notice of Defect shall be considered to have been cured if the T1tle Compeny shall agree to issue the Title Policy described in paragraph 5 4, without the matter being reflected as an exception. 3.2 6i010QiC~1 survev. The Environmental Trust shall have thirty (30) deys from the Opening of Escrow to obtain and review a biological survey of the Property so as to determine the suitability of the Property for mitigation purposes. The Environmental Trust shall notify Escrow Holder in writing 6S to epproval or disapproval of the biological survey within such thirty (30) day periocl. . 33 Government AcceDtance. Prior to the Close of Escrow, Payor Page 3 of 14 ~ /?-L/j sl'lall otltain a determination from the Celifornia Depertment of Fisrl t. Game that Hie Property will be accepteble as (1) dediceted r1errnanent """ open space and (2) that the Property satisfies Payor's requirement~ to provide off-site wetlend mitigation as stipulated in the issued 5treamt'ed Alteration Permits Numbers 5-648-93 (the AT&. T proJect), 5-530-93 (Telegr-aph Canyon Improvements) and the Gabion Chennel Long Canyon under Initial Study Number 94-18 Payor shall notify Escro'w Holder in writing as to approval or disapproval of this condition. 34 Issuance of Title Policy. The Title Company shell be in a position at Close of Escrow to issue the Title Policy described in pare graph 54. 35 Deliveru of Documents. Seller shell heve Signed, acltnov'lledged al"lI:1 delivered all documents and instruments to Escrow Holder as required in peragraph 5 3 4 CONDIT IONS PRECEDENT TO SELLER'S PERFORMANCE The obligetion of Seller to sell the Property is subject to the setisfaction of all conditions set forth below within the time period 1 specified If any of these conditions ere not satisfied witl1in the applicable time period provided below, Seller may terminate this Agreement under paragraph 6.2 Seller may waive in writing any or all of the conditions, in whole or in part, with prior notice to Payor No waiver of a condition shall constitute a waiver by Seller of any of its rights or remedies, at law or in equity, if Payor shall be in default of its covenant~" repre~;entations or warranties under this Agreement 4.1 Delivery of Documents. Payor shall have signed, acknowledged and de11vered all monies, documents and instruments to Escrow Holder as required in paragraph 5.2. 5 CLOSING OF ESCROW 5 1 Closinr;J Date 5 I 1 Escrow shall close on or before December 1, 1994 or within 15 days following the receipt of the approvals set out in paragrapt"1 Page 4 of 14 ""'" ~ /9-1)- . . . 33, if tho';e approval s heve not been received pri or to DecemtJer 1, 1994 5 1.2. The terms "Close of Escrow", "Closing Date" end/or "Closing" are u~;ed in this Agreement to mean the time the Grant Deed 1S filed for record by Escrow Holder in the Office of the San Diego County Recorder 52 Denosits to be made blJ PalJor: At or before 12:00 o'clock noon on the last business day immediately before Close Of Escrow, Payor shell del1ver to Escrow Holder 5.2 1 Immediately avallatlle funds in an amount equal to the Pur-c:hese Price, le~,s any depclslt held by Escrov\" Holder 5.2.2 Any additional funds and/clr Instruments (~,lgned end ac~:nowledged by Payor, if approprIate) as mey be nece~,sary to comply with thIs Agreement 53 DPDOSitS to be made blJ Seller. At or before 12'00 o'clock noon on the last business dey Immediately before Close of Escrow, Seller shell del1ver to E~,crow Holder 53 1 A Grent Deed ("Grant Deed") of fee SImple SUbject to condition subsequent that if the Environmentel Trust ever dissolves, the title will go the California Department of Fish and Game with covenants of Open Space, in a format ecceptable to Payor, signed and acknowledged by Seller, conveying the Property to The Environmental Trust and SUbject to matters shown in the Title Report; 53.2. Covenants, provIded, sIgned and acknOWledged by the Trust and acceptable by Payor, that restrIct the use of the property for Open Space, held, operated and maIntaIned to the same standards currently set for the City of Chula VIsta Open Space, In Perpetuity that shall be recorded concurrently wIth the Grant Deed, and 5.3.2, Any edd1tlonal funds and/or Instruments (signed and acknowledged by Seller, if approprlete) as may be necessary to comply Page 5 of 14 ~ Ji-,t/) l,k' with t.hi~. Agreement """\ 5 4 Title Policy 5 4.1 At. Close of Escrow, the Title Company shell issue end deliver to The Environmentel Trust, with e copy to Seller and to peyor, its C.LT.A. Owner'~. policy of title insurence with lietJllity in ttle amount. of the Purctl8se Price, covet-ing ttle Property and insuring fee simple title t.o the to Open Space vested in The Environmental Trust, free of encumt1rances, except. (e) All nondelinquent generel fmd special real property taxes end a~;sessment.s and any supplement.al ta;<:es (peyor is tel: exempt. propert.!d non-as~;e~.sed at close no proration of t.a/:es), (tl) Any senior eesements, encumt1rances, covenents., condit.ions, rest.rictions, reservetions., right~.-of-'Nay and oH,et- rnat.ters of record of whatever kind or nat.ure as ~.M'Nn on n,e Title Pepor-t. under peragraph 3 1 atlove es epproved tJy Payor, end (c) Cit\.! of Chule Vl~;ta eesement. for drainege end drein;:lge and management ees;ement ~ 6 TEP1'11NATION AND CANCELLATION OF ESCPO'lI' 6 1 If Escrow feils to close 'when and as provided in pereQreph 5 1 of this Agreement, Escrow shell tJe canceled upon wrltten notice t.o Escro\'1' Holder from either Payor or Seller Except as otherwise provided in peragraph 54, Escrow Holder is instructed to return all funds and documents then in Escrow to the party depositing the same with Escrow Holder Terminetion of this Agreement and cancelletion of Escrow, as provided in this Agreement, shall tJe irrevocatJle tJy either party without prejudice to whatever legal rights Payor or Seller may have against each other erising from this Agreement, 5.2 If any condition referred to in this Agreement which is sutJject to the approval tJy either Payor, Seller or a third party is disapproved or deemed di~.approved in the manner provided for in t.his Agreement, ttl8t party may elect to terminate Escrow and all otJligations of the part.ies Page 5 of 14 """\ ~ J9~~:I . . . under nli~. Agreement st'lall terminate, and nei nler- party ~.hClll have any furnler obligation to the oHler under nli~. Agreement Unle~;s otherwise provided in this Agreement, Escrow Holder sl'lall return all funds and documents then held in Escrow to the party depositing ttle funds and/or documents, subject to the provisions of Section 64. 63 If the Close of Escrow fails to occur because of einler party's default, the defaulting party shall be liable for all Escrow cancellation and Title Company charges If Close of Escrow fails to occur for any other reason, Payor and Seller shall each pay one-half (1/2) of any Escrow cancellation and Title Company charges 64 IF Payor FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY' AS PROVIDED IN THIS AGREEI1ENT FOR AN't' REASON OTHER THAN SELLER'~, DEFAULT AND/OR THE NON-FULFILLMENT OF THE CONDITIONS TO PAVOR'S PERFORriANCE SET FORTH IN PARAGRAPH 3 ABOVE, SELLER SHALL BE RELEASED FROri ANV OF ITS OBLIGATIONS UNDER THIS AGREEI1ENT AND SHALL BE ENTITLED TO RETAIN THE DEPOSIT AS LIQUIDATED DAMAGES, IT BEING EXPRESSLV UNDERSTOOD AND AGREED BV THE PARTIES THAT THIS SUri IS A REASONABLE ESTIMATE OF THE EXTENT TO WHICH SELLER WOULD BE DAMAGED BV PAVOR'S FAILURE TO CONSUr'1IiATE THIS PURCHASE, IN LIGHT OF THE DIFFICULTY' THE PARTIES \iv'OULD HAVE IN DETERI'11NING SELLER'S ACTUAL DAMAGES AS A RESULT OF SUCH A BREACH, THIS RETENTION OF THE DEPOSIT AS LIQUIDATED DM1AGES SHALL BE SELLER'S EXCLUSIVE REMEDV 6V INITIALING BELOW, THE UNDERSIGNED ACKNOWLEDGE THAT THEV HAVE READ AND UNDERSTOOD THIS PARAGRAPH 64, AND THAT EACH PARTV WAS REPRESENTED 6'1' COUNSEL WHO EXPLAINED THE CONSEQUENCES OF THIS PARAGRAPH TO THEM. PAVOR: ( ) t t,f (1."Mlf~~"~ 7, ESCROW PROVISIONS, SELLER. ( ) 1} 7 1 Disbursement of Net Proceeds, From the net proceeds of sale, efter payment of ell dellnquent property texes end payment of Seller's costs, and peyment of those commissions provided for in this Agreement, the balance of the net proceeds shall be peid by Escrow Holder directly to Seller pege70f14 ~ /')~~~ , ,'"t '1,'7 7.2 General Provisions Nol''I'/iUlstanding anyllw-II~ to Hie contrary containecl in Hlis Agreement, Payor" and Seller agree to execute the General Provi~,ions of Escrov\' Holder, if any, to the extent Hley are not Inconsistent with the pr"ov1sions of this Agreement If Hlere Is any Incons1~,tency between the provisions of those General Provisions and any of the provisions of Hlis Agreement, the provision:, of U'lis Agreement st-Iall control. If any requirements relating to the dutie~; or otll1gations of Escrow Holder are unacceptable to Escrow Holder, or if Escrow Holder requires additional instruction, the parties agree to ma~e any deletions, substitution:; and additions as coun~;el for Payor and Seller sl1all mutually approve and which do not materially alter Hie terms of Hils Agreement Any supplemental instruct ions shall be signed only as an accommodation to Escrow Holder and sMll not be deemed to modify or amend the rights of Payor and Seller, as betv\'een Payor and Seller, unless those supplemental instructions expresslu so provide 73 Payment of Costs. Seller sMll pay the documentary transfer taxes, if any, the cost of the Title Policy, one-rlaH (1/2) of all other Escrow costs and fee~, and any other costs customar-ily paid by Seller Payor shall pay the cost for recording tl1e Grant Deed, if any, one-l"IfIlf (1/2) of all Escrow costs, and any costs customarily paid by Payor 74 Escrow Holder Authorized to Comolete Blanks. If necessar\.j, Escro'w Holder is authorized to insert the Closing Date as the date of the Grant Deed 75 Recordation of Documents When all the conditions of paragraphs 3 and 4 have been satisfied or waived, Escrow Holder shall cause the recordable or filing instruments to be recorded in the Office of the County Recorder of San Diego county, California 76 Performance by Escrow Holder. Escrow Holder IS to be concerned only with those paragraphs under this Agreement where Escrow Holder 1s g1ven Instructions to perform certain acts or with those paragraphs where escrow holders generally and reasonably would be expected to act. Page 6 of 14 ~ )/-y;) """'\ ~ """'\ . . . B REPRESENTATIONS Arm 'viARRANTIES OF SELLER In addition to any other representations and warrantie~, conteined in this Agreement, Seller makes the following repre~:entetions end werranties, each of which (i) is meterial and is being relied upon by peyor, and (i1) is true in all respects es of the dete of nli~; Agreernent end shell be true in all respec.ts es of the ClOSing Date B I Authoritu to Sell. Seller repr-esents and werrents thet the signing of this Agreement, its delivery by Seller to the Envir-onmental Trust, Seller's performence and the transactions cClntempleted In this Agreement have tleen duly authorized by the requisite action on the part of Seller, end constltute velld end binding obligationS of Seller, enforceatlle under the terms of thi s Agreement. 9 REPRESENTATIONS AND 'vI"ARRANTIES OF PAVOR In addltion to eny other representations end werranties conteined in this Agreement, Payor mekes the following representations and werranties, each of which (1) Is materiel end is being relied upon by Seller, and (11) Is true in all respects a~, of the dete of tl1is Agreement. end st1all tie true in all respects as of the Closing Dete 9 I Authoritu to EluU peyor and the individuals signing thi~, Agreement on bet!fllf Of Payor represent and werrant thet the signing of this Agreement, its delivery by Payor to Seller, Payor's performance and the transoctions contemploted In Hlis Agreement have been duly authorized by the requisite action on the part of Payor, and constitute valld ond t'inding obllg0tions of payor, enforceable under the terms of nlis Agreement 9.2 r-lo Encumbron~e. poyor sholl neither encumber nor cause any Hens to be created against the Property in eny way, nor record this Agreement before Close of Escrow without the express prior written consent of Seller 10 ENTRV ON PROPERTY Unt 11 Escrow IS terminated, Payor and payor's employees and agents Page 9 of 14 ~ /c;~tj7 I / J shall helve a limited license to enter upon Hie Property to conduct reasonable engineering studies and soil compaction tests, so long a~. n,e activitie~. do not impair the drainage of or otherwise damage the Propert!:! After any entry, Payor shall immediately restore the property to the same condition as before Payor entered on the Property This limited license shali be deemed revoked upon termination of this Agreement peyor ~;helll indemnify, defend end hold Seller harmless from and against ell claims, loss, liability, damage or expense (including, without limitation, attorneys' fees) arising from or releting to Payor's entry on the Property. 11 CONDITION OF PROPERTY The Environmental Trust agrees (a) that it is acquiring the Property on an "AS IS" basis and based onl y on its own I nvesti gat i on of the Propert y, (b) thet Seller ha~. made no warranties, representet ions or guanlntee~., expressed, implled or statutory, written or orel, concerning the Property or any plens relating to the Property, and (c) that Seller ha~ made no werranties, representations or guarantees, with regard to eny land use control, governmental limitation or restriction, or the absence thereof pertaining to the Property, or 'VI'ith regard to the physical condition of the Property, including any latent defect or subsurfece soil conditions Seller further ma~;es no representations or warranties as to any land use controls or other la\,\'s, rules, end regulations of any governmental agency having jUrisdiction applicat,le to the Property. The Environmental Trust shell tie solely responsible for complying with ell land use controls and other le",~/s, rules and regulations I" .:.. ARBITRATION OF DISPUTES All disputes arising under this Agreement will be resolved by submis;sion to binding arbitration pursuant to the rules of the American Arbitration Association (AAA) The parties agree thet arbitration must be initiated within one (1) year after the claimed breech occurred and that the fe1lure to initiete arbitration wlthin the one (1) year period constitutes an absolute bar to the institution of any new proceedings The aggrieved party can initiate arbltretion by sending written demand for Arbitration by registered or certified mail pursuant to the aforesaid AAA rules Page 10 of 14 ~ /l'-Y'Y """' , "'""\ "'"' . . . NOTICE BY INITIALING IN THE SPACE BELO'll, YOU APE AGREEING TO HAVE AN't DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "AF:EiITRATION OF DISPUTES" PROVISION DECIDED BY NEUH'AL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR ..JURY TRIAL BV INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERV AND APPEAL, EXCEPT AS SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION, YOU tlAV BE COI'lPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREmENT TO THIS ARBITRATION PROVISION IS VOLUNTARY WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBtllT DISPUTES ARISING OUT OF THE t1ATTERS INCLUDED IN THE "ARBITRATION OF 'DISPUTES" PROVISION TO NEUTRAL ARBITRATION PA'tOR ( ) SELLER. ( U f,'~{n,3/11 1-c..J 13 COMI'lISSIONS/CONSULTING FEES ) 131 f.rokerflQE' Cornmission Seller egrees to pey e reel estete broker e commission of Ten Percent (10%) of Hie Purchese Price, if and only if Escrow Closes Seller directs Escrow Holder to pey 5% of seid commission to Smith Properties and 5% to Independent Realtors of Sen DIego, upon Close of Escrow 13.2 Trus;t fndowment Fee. Payor agrees to pay a one time fee of $10,00000 to fund the endowment for the maintenance and menagement of the property upon Close of Escrow. peyor directs Escrow Holder to pay seid fee directly to The Environmentel Trust and Peyor is to heve no continuIng ObllgetiOn or responsIbility as to the melntenance or menegement of seld property. 14. GENERAL PROVISIONS 14.1 AssI\jnment. ThIS Agreement shell be bIndIng upon Clnd shell inure to the benefit of peyor Clnd Seller end their respective heirs, personel representetives, successors and esslgns This Agreement mey be essigned by Peyor upon written notice to Seller and Escrow Holder Pege 11 of 14 " ~ Ii -f7 / ~- 'li ) f 142 Att.on1E'Y~: Fees In eny ectlon t1e!.'tveen the pf.lrtle~. to enforce f.lny of H,e terrns or provisiom. of Hlis Agreement or tl"ie Escrow, or in connection wiH, tl"ie Property, tl"ie prevailing party in tl'ie ection SMll be entitled, in adljition to damages, injUnctive relief or other relief, to its reesoneble costs and expenses, including, without limitation, costs end reesonable 8ttorneys' fees fixed by the court. 1 14.3 ADorovels and Not! ces. Any approvel, di sapproval, demend, document or other notice ("Notice") which either perty mey desire to give to Hie other party or to Escrow Holder must be in writing end mey be given by personel delivery, Federel Express or by US mail registered or certlfied mall, return receipt requested, to Hie perty to wl"iom the Notice is directed at tl1e eddres.s of the pertw set fortl1 below, or et anw oHler - - address. as Hie perties mey leter designate, end will tie deemed to be received upon personal delivery or deposit in the US meil To Payor The City of Ctlula Vista 276 Fourth Avenue Chule vlste, CA 91910 Attn: City Manager 1 To Seller McMillin Development 2727 Hoover Avenue National City, CA 92050 Attn: Don Knox 14.4 Intemretat Ion. ThIs Agreement stlall be construed under the laws of tM Stete of Ca1ifornie. The parties consent to Ule jurisdiction of the California courts wittl venue in San Diego County 14.5 litles and CaDtlons. Titles and captions are for convenience only and shall not constitute a portion of thIs Agreement. 14.6 Gender and Number. As used in this Agreement, masculine, feminIne or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictetes 14.7 No Waiver. A waiver by either perty of a breach of any of the Page 12 of 14 1 ~ J/?--?J , . . cO\lenElnt.~" condition:: or agrt?t?ment~, under Hli~, Elgreerflen1 to be perforrfled by the oHler Pi:ll-ty ~,hElll not. be con~;tn.led ElS a waiver of Elny succee,jing breac.h of t.f"te same or oU1er covenant.s, agreement.s, re~,trictiom, or condi ti on of Hli~, Agreement 146 1'10dificalions Any alteretion, cl18nge or modification of or to this Agreement, in ordet- to become effective, shell be mede in writing end in eactl instence signed on behalf of each party 14.9 Sp.verabilitlJ If any term, provision, conditic,n or covenent of this Agreement or its eppllcetion to eny party or circumst.ence Shell be held, to eny extent, invelid or unenforceeble, Hie remeinder of Hlis Agreement. or tM applicetion of the term, proviSIon, condition or covenent to person~, or circumstences other thEln those es to wl10m or which it is held invalid or unenforceat,le shElll not be affected and shell be velid and enforceeble to Hie fullest. extent permitted bl.llew . 14.10 t1erQer of Prior AQreements end Undersl end! ngs. Thi s Agreement conteins the entire understending between the pertie~, relating to the transection contemplated by this Agreement All prior or contemporeneous agreements, understandings, represent.etions end stotements, orel or written, are merged in this Agreement. ond shell be of no furU1er force or effect. 14.11 Time of Essence. Time is expressly made of the essence with respect to the performonce by Payor and Seller of eoch end every obligetion and condition of this Agreement 14.12 rountemarts. This Agreement mey be signed in multiple counterparts which, when signed by all perties, shell each constitute e bInding egreement. 14.13 ComDutotion of Time. The time in which ony act is to be done under this Agreement is computed by excluding the first day (such os the dey Escrow opens), cmd including Hie last day, unless the last day is 0 holidey or Saturdey or Sunday, end then that day is also excluded. 14.14 Other Dc.cuments Each party agrees to sIgn any oHler and . furtMr instruments find documents as mflY be reesonebly necessary or Page 1 3 of 14 ~ /J~/' E " ':j t' , ' proper in oreler to accomplisl', the intent of Hlis, Agreement 14.15 Duration of Offer. Any obligation peyor mey heve uneler trlis Agreement shall be renelereel null anel voiel if this Agreement is not executeel by Sell er anel returneel to Payor on or before October 12, 1994. PAVOR: The City of Chula Vista By: 01=-(&6/ 1(, 1-~J. SELLER Bonlte Long Cenyon, a Generel Pertners~lip, McMi 11 in Development, General Partner By RECEIVER. The Environmentel Trust, fI California Non- Profit Corporat ion By Pege 14 of 14 ~ /9-5)- ""'" """ """ TO: VIA: FROM: SUBJECT: November 22, 1994 i Honorable Mayor and City Council John Goss, City Manager ~ Bob Leiter, Director ofLg ;!l,,/L Resource Conservation Commission Actions Relative to Items 19 and 24 on November 22 City Council Agenda On November 21, 1994, the Resource Conservation Commission held a special business meeting to consider two items which are scheduled for consideration by the City Council at your November 22 meeting (copies of the draft minutes are attached): Item 19 Item 24 (F7\n:c1l21.m) Resolution Approving an Agreement with the Environmental Trust, Inc. and Bonita Long Canyon Partnership for Purchase of Land as Wetlands Mitigation for Two City Projects and AT & T's Project at 865 Third Avenue, and Authorizing the Mayor to Execute Said Agreement on Behalf of the City The Resource Conservation Commission voted 4-0 to approve the resolutioQ. Report on Multiple Species Conservation Program Focused Planning Area Alternative The Resource Conservation Commission voted 4-0 to accept Alternative # 5 (Multi-habitat Planning Area Map) as an alternative, but requesting that each of the alternatives be prepared with overlays on a vegetation map in the draft EIR for final determination. The Notice of Preparation of the EIR shall be brought to the Commission for input on the content of the draft EIR. This action does not constitute endorsement of the fifth alternative. /1~ 5) MINUTES OF A SPECIAL MEETING Resource Conservation Commission Chula Vista, California r~"~~ .. H )j' t!, ~~ ~j V\r~ J j 7:00 p.m. Mondav. November 21. 1994 Conference Rooms #2 and #3 Public Services Building CALL MEETING TO ORDER/ROLL CALL: The meeting was called to order at 7:04 by Chair Burrascano. MEMBERS PRESENT: MEMBERS ABSENT. Chair Burrascano, Commissioners Hall, Fisher, and Marquez Commissioners Guerreiro, Ghougassian STAFF PRESENT: Staff present: Environmental Review Coordinator Doug Reid, Associate Planner Barbara Reid, Planning Director Robert Leiter, Principal Planner Duane Bazzel MSUC (Hall/Fisher) (4-0) to excuse Commissioner Ghougassian due to a business commitment. PRESENT A nON OF PROJECTS 1. Recommendation to Council approving an agreement between the City, The Environmental Trust, Inc., and Bonita Long Canyon Partnership for purchase of land as wetlands mitigation for two City projects and AT&T's project at 865 Third Avenue. Associate Planner Barbara Reid introduced the project, advising the Commission that the proposal was for the purchase of land to be utilized as off-site wetlands mitigation for three drainage projects. She described the drainage projects, and the location of the proposed mitigation property. Mr. Jim Carter from Environmental Trust described the functions of the Trust, which maintains and manages mitigation properties in perpetuity, therefore providing for the long-term viability of the properties. Commissioner Marquez asked how the properties were selected; Mr. Carter responded that preliminary biological surveys were done to determine appropriate sites for mitigation. Environmental Review Coordinator Doug Reid pointed out the proposed mitigation properties on an aerial map, noting the adjacent properties. In response to questions by Commissioner Fisher regarding present habitat on the proposed mitigation sites, Mr. Carter explained the current species on site as well as revegetative plans. Ms. Reid noted that the proposed drainage projects being mitigated have degraded wetlands. She indicated that while the Telegraph Canyon Creek project consists of temporary improvements, the AT&T project is of a permanent nature and will include concrete channelization due to engineering requirements related to water velocity. Ms. Marquez asked if the one-to-one ratio had already been approved; Mr. Carter responded that it had. Ms. Marquez asked about success criteria. Mr. Carter indicated that while the fmal program was not yet in, the Department of Fish & Game would provide the fmal criteria. Ms. /1--5'1 Resource Conservation Commission -2- November 21. 1994 Marquez indicated that she was still unsure as to how the mitigation properties had been chosen; Mr. Carter reviewed the mitigation properties, indicating that the sites adjacent to Dtay Lakes Road would abut existing open space areas in Rancho del Rey. Commissioner Fisher stated that he was concerned with the proximity of two of the sites to Dtay Lakes Road, stating that habitats near roads typically have lower densities of species than areas further away. Mr. Carter responded that these properties would create more of a buffer for the adjacent open space area, adding that the larger parcel could potentially be developed with three to four residential units otherwise. Mr. Fisher asked if biological surveys of the mitigation sites were available; Mr. Carter responded that they were not. MSUC (Marquez/Hall) (4-0) to recommend approval of Resolution 17710 2. Recommendation to City Council/Planning CommillSion regarding MSCP plans for further environmental analysis. Planning Director Robert Leiter provided a general background on the Multiple Species Conservation Plan process, reviewing the work conducted over the past three years by consultants in conjunction with an MSCP working group to create standards and criteria and identify core biological areas for an MSCP to be reviewed and approved by the U.S. Fish & Wildlife Service. Mr. Leiter described the maps prepared which identified distinct areas of biological resources and linkages throughout San Diego County. These maps are a part of the draft MSCP framework plan which includes four alternatives. Mr. Leiter pointed out and described the various maps. He reviewed the first alternative, known as the biologically preferred alternative, which includes approximately 187,000 acres of the most important biological resources; the second alternative, known as the multiple habitats alternative, includes 150,000 acres of various resources; the third alternative, known as the Coastal Sage Scrub alternative, includes 90,000 acres focused on CSS habitat; and a fourth alternative, submitted by the Alliance for Habitat Preservation (a group of major developers and property owners), which presented heavy use of publicly owned lands and designated open space areas, and included Miramar. Mr. Leiter noted, however, that the Navy had not agreed to be included in the MSCP. Mr. Leiter indicated that recently, the City of San Diego under Mayor Golding had presented a fifth alternative plan which attempted to create a compromise between the other four. This plan looks at publicly-owned lands which would be viable preserve options, and attempts to refme the identification of individual jurisdictions' open spaces as well as biological resources. In June, the Chula Vista City Council endorsed the proposed criteria for the fifth alternative, and directed staff to assist in preparation of this alternative. The evaluation process was reviewed; Mr. Leiter stated that an EIR will be prepared to evaluate all five alternatives, and will quantify the strengths and weaknesses of each; at a regional level, jurisdictions within the MSCP plan will then evaluate ways to fill in the gaps if necessary. Mr. Leiter added that the EIR will include an economic analysis, and should be out by July or August. After the plans have been completed, the framework plan will be adopted on a regional /9~ fP" Resource Conservation Commission -3- November 21. 1994 level, after which each jurisdiction will amend their General Plan and Zoning Ordinances as needed to implement the MSCP. Commissioner Marquez asked what will be protected by the proposed plans that is not already planned for preservation; Mr. Leiter explained current discussion relating to the proposed San Miguel Ranch project as an example of new preserve areas being planned, as well as plans to create mitigation banks. Mr Reid added that Rancho del Rey had purchased 360 acres of O'Neal Canyon for off-site mitigation. Mr. Leiter stated that the new plan will make many reserve systems permanent, and will ensure the long-term fmancing and maintenance of preserve systems. Commissioner Fisher asked if this plan would interact with SANDAG's; Mr. Leiter responded that it would. Mr John Brown of Dudek & Associates noted that Dudek is working with the County to identify preserve areas, adding that SANDAG's and the County's plans will be consistent. Mr. Fisher questioned the blank (white) spots within the County areas (east) on the City of San Diego's proposed map. Mr Leiter stated that Ogden had performed the evaluation, and had presented the maps based on their evaluation of biologically valuable areas. Mr. Brown concurred, explaining the various models that had been used by Ogden, Dudek, and other consultants and experts to arrive at the Habitat Evaluation model. He stated that the white areas referenced probably had low concentrations of CSS. Mr. Fisher expressed concerns that some species were not yet identified or well-researched. Mr. Leiter pointed out that the white areas were not necessarily designated by the County's General Plan for urban development, and that much is planned for low density and agricultural usage. Mr Fisher questioned references by others to the map boundaries as "hard lines". He felt that if the boundaries indicated were truly hard lines, with development unrestricted by biologically sensitive areas outside of these lines, there was too much habitat outside that had not been analyzed sufficiently. Mr. Leiter stated that he did not believe that the County would adopt the map as shown with the intent to permit urban development in the white areas, but noted that the question should be directed to the County. He added that staff could follow up on this issue. Mr. Brown reviewed the process by which the boundaries had been defmed, stating that he did not believe that the subject of hard lines was a serious issue at this point. Mr Fisher also noted that it was difficult to get a feel for the areas depicted on the various maps. Mr. Brown stated that SANDAG maps included acetate overlays that provided clarification of the different resource areas. Chair Burrascano suggested that overlays be provided to more accurately depict the various resources on one map for the Em review. Commissioner Marquez expressed concern that Fish & Wildlife staff have not provided input on the information presented and that it is unclear how that agency's staff members feel about the issues. She stated that the agency's formal position will be unknown until the plan is fully completed. Mr. Fisher asked about the "no project" alternative; Mr. Brown stated that it will be presented, and would address current piecemeal mitigation. Mr. Fisher reiterated his concerns regarding the lack of information presented for the white areas, primarily in the easterly portions of the County, as it pertains to identification of potential species. Mr Leiter responded that this plan would not preclude opportunities relating to the identification of species in the future. )9/5~ . Resource Conservation Commission -4- November 21. 1994 Chair Burrascano questioned the areas where linkages do not exist between identified core areas (e.g. at SR 125 crossing) She also pointed out that the revegetation taking place at the Otay River Valley area is not depicted on the map. Commissioner Marquez stated that she found the fifth alternative to be a far cry from the first two alternative maps. She felt that resource-wise, the fifth map is lacking, as it shows land that is already protected and does not seem to add much. Commissioner Hall felt that alternative #5 should be combined with the others somehow, and not omitted although it should not stand alone. Commissioner Fisher stated that he felt that the overlays were necessary before he would be comfortable voting on a recommendation. Mr. Leiter suggested that the commission could make a recommendation to allow the process to move to the EIR stage, at which time the Commission will have more information with which to make a judgement. He noted that any motion could include an indication that the Commission is not endorsing a particular alternative. MSUC (HalI/Burrascano) (4-0) to accept alternative #5 (Multi-habitat Planning Area Map) as an alternative, but requesting that each of the alternatives be prepared with overlays on on a vegetation map in the draft EIR. The Notice of Preparation of the Environmental Impact Report on the MSCP shall be brought to the RCC for input on the content of the draft EIR. This action does not constitute endorsement of the fifth alternative. Mr. Leiter advised that more information on this project would be brought to the Commission prior to review of the draft EIR. STAFF COMMENTS Mr. Reid advised that the next regular meeting would be December 12, 1994 rather than November 28, and that there would not be a meeting on December 26. ADJOURNMENT The meeting was adjourned at 9.13 p.m. Patty Nevins, Recorder J'l~? COUNCIL AGENDA STATEMENT Item ~ Meeting Date 11/22/94 SUBMITTED BY: Final Review of the Growth Management Oversight Commission's (GMOC) 1993 Annual Report, and Consideration of Work Program Responses for Implementing Report Recommendations Director of Planning ~{ CRy -rIP (4/Sths Vote: Yes_NoX) ITEM TITLE: REVIEWED BY: On May 26, 1994, the City Council held a workshop to consider the Growth Management Oversight Commission's (GMOC) 1993 Annual Report regarding compliance with the City's Quality-of-Life Threshold Standards. At that workshop, Council received and discussed the Report, and directed staff to follow-up with a work program on the actions recommended by the GMOC. Staff has completed that follow-up, and is returning to Council with a work program report. RECOMMENDATION: That Council, 1. Adopt the 1993 GMOC Annual Report and recommendations contained therein; 2. Direct staff to implement those recommendations in accordance with the work program responses presented in Attachment C; and 3. Approve the attached Statements of Concern and cover letters for signature and issuance by the Mayor regarding the Water and Air Quality Thresholds as presented in Attachment D. BOARDS AND COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: At the May 26, 1994 workshop, the Council undertook considerable discussion with GMOC regarding the conclusions and recommendations of their 1993 Annual Report on Threshold Standard compliance. Given the thoroughness of the Report, and the number and diversity of recommendations, staff recommended that Council accept the Report and direct staff to follow- up with an evaluation and report on work program actions necessary to implement the various recommendations of the GMOC. ,1#,/ t; '" Page 2, Item ~() Meeting Date 11/22/94 Council gave that direction, and on June 16, 1994, staff of affected departments initially met to review the recommendations in greater detail, and to discuss the needed work program input. Since that time, staffs of the Public Works 1 Engineering, Planning, Police, Fire, Library, and Parks and Recreation Departments have further evaluated GMOC recommendations relevant to their department, and have prepared work program responses. A summary of those responses, along with any necessary Council actions is contained in Attachment C. As can be seen through review of Attachment C, it has been determined that many of the GMOC's recommendations can be implemented through existing, ongoing work efforts of the individual departments, and/or through the course of those department's normal annual threshold evaluation and reporting efforts to the GMOC. There are, however, several recommendations where implementation involves project efforts which fall outside the scope of annual GMOC reporting activities, and thereby require further consideration as to the timing of their completion in responding to the GMOC. Those efforts are indicated on Attachment C and include Transportation Phasing Plan (TPP), TransDIF and related Growth Management Program (GMP) monitoring and phasing policy updates (item 10.1, pg. 10), and preparation of a Greenbelt Master Plan (item 11.3, pg.ll). Staff of the Public Works Department, Engineering Division will be submitting a CIP proposal for budget consideration in Spring 1995 to undertake the TPPITransDIF updates. The Planning Department will similarly be preparing work programs for Council consideration in early 1995 regarding the GMP monitoring and phasing policy updates, and preparation of a Greenbelt Master Plan. In accordance with Council's fInal adoption of the GMOC's 1993 Annual Report and recommendations, it is now appropriate to authorize issuance of the Statements of Concern to the two local water districts and the Air Pollution Control District. Staff has prepared draft cover letters and statements for issuance by the Mayor as presented in Attachment D FISCAL IMPACT: None at this time. Fiscal impacts associated with any additional work programs necessary to implement GMOC recommendations will be identified when those work programs are brought forward for Council consideration. Attachments: A. Minutes of the May 29, 1994 City Council / GMOC workshop meeting. B. Chairman's cover memo and 1993 GMOC Annual Report. C. 1993 GMOC Recommendations / Proposed Departmental Work Program Summary D. Cover letters and Statements of Concern for the Water and Air Quality Thresholds./V4r S~ItNIJJ t> (A:\GMOC-93\FWRKPROG .Ai3) o?~~;"'/,J.tJ -II . '. b:- c.""" e.,e-, ,- /~) ="'U . ATIACHMENT A CITY COUNCIL MINUTES OF SPECIAL WORKSESSION May 26, 1994 . . ./ :2&~3 '. MINUTES OF A SPECIAL WORKSESSION/MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA Thursday, May 26, 1994 4:18p.m. Council Conference Room Administration Buildini CALL TO ORDER 1. ROLL CALL: PRESENT: Councilmembers Horton (arrived at 4:19 p.m., left at 5:02 p.m. and returned at 5:43 p.m.), Moore, Rindone, anJ Mayor Nader OMOC ~embers Hubbard, Hyde, Peter, Dull, and Kell ABSENT: Councilmember Fox OMOC Members All"", Annbrust, Martin, and Langius ALSO PRESENT: John D Ooss, City Manager and Vicki C. Soderquist, Deputy City Clerk . 2. REPORT REVIEW AND CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S (GMOC) 1993 ANNUAL REPORT. The OMOC's 1993 Annual Report on the City's compliance with the Quality-of-Life Thresholds Standards focuses on the period from 7/1/92 to 6/30/93. Issues identified in the second half of 1993 and early 1994 are also discussed. The Chainnan's cover memorandum to the Report provides a summary of the OM OC's findings and recomm""dations. Staff recommends Council: (1) Accept the 1993 OMOC Annual Report and recommendations contained therein; (2) Direct staff to rerum to Council in July with an analysis and work proiram to undertake actions necessary to implement those recommendations as presented; and, (3) Direct staff to prepare the necessary Statements of Concern for issuance by the Mayor re,ardin, the Water and Air Quality Thresholds. (Director of Planning) Commissioner Hubbard stated it was their overall observation that growth had not impacted the levels of service within the City. The Commission found that schools, lihraries, sewer, drainaie, fiscal, traffic, and parks and recreation services were all within compliance, of the original thresholds as established by Council. The police and fire emergency services were not in compliance but the OMOC did not feel that ,rowth bad been responsible for Dot maintainin, the level of compliance. They recommended that consideration be liven to writinll Statements of Concern to water and air quality service agencies. He then reviewed the individual recommendations for the individual areas of service. Police and Fire Threshold: . Mayor Nader questioned whether the Commission had made a specific recommendation for the threshold standard for police response. Commission Hubbard responded that the Commission fell that once an improved reporting system was in place that consideration to a revised threshold should be considered. That would only be if a revised system was implemented. They were not sayin, that the existing threshold was bad, ,ood or indifferent, but that it was implemented in 1987 and it millht be time to look at it. Councilmember Rindone stated there was a small percentage of calls for fires in relation to calls for other services and questioned if there bad been consideration to usin, a weighted factor in evaluation of services. Commissioner Hubbard responded that it had not been considered. * * * Mayor Nader left the meeting at 4:48 p.m. * * * / c:2(}-! Minutes May 26, 1994 Page 2 Ed Batcbelder, Associate PI8JUler, stated last year during GMOC review there had been discussion as to whether or not that thresbold may ultimately be split into separate fire and emergency medical services components. It was agreed at that time, based on ongoing changes in the region, to wait two to three years before considering it again. "'""\1 Water and Air Oualitv Thresholds: Councilmember Moore questioned bow Otay Water District could do more as all they did was buy and sell water. Commissioner Hubbard respuoded that any effort that could be made on the part of any water district in terms of reclamation and storage would be supported. Schools Threshold: Councilmember Rindone questioned whether the schools threshold included the community college. Commissioner Hubbard responded the GMOC did not review the community college. Mr. Batchelder stated at the present time the threshold standard only applied to elementary and secondary schools. MS (Rindone/Moore) to have the schools threshold standard (next year) apply to community colleges, so all levels of education would be reviewed, especially as appliCllble to air pollution. Counoilmember Rindone stated if there was no accommodation for a transit center the increased population of the eollelle would be a llreat contributor of air pollution. AMENDMENT TO MOTION: (Moore, agreeable to the Maker of the Motion) to direct starr to review and present Council with the pro's and con's of adding community colleges to the schools threshold. "'""\ Councilmember Moore stated be did not like to see an excellent program grow, he liked to see excellent programs stabilize if they were doing wbat they were supposed to do. VOTE ON MOTION, AS AMENDED: approved 3-0-2 with Fox and Nader absent. Councilmember Moore questioned the use of "full mitigation" and the implication that the City was the reason the scbools were overcrowded. The City should not be the bad guy that was trying to solve the schools problems when the school was not solving its own problems. The past history of actions taken by the schools should be reviewed to see wbat the impact was on overcrowding. It was not the City's responsibility to "fully mitigate" impacts. He had a major problem in the way scbools were financed. Robert Leiter, Director of PI8JUling, stated staff had used the Source Point study to address a number of the issues that had been raised. Staff focus bad been to get the study completed and the information out to both the Council and two district boards whicb would allow them to look at the policy implications and trade-offs. Councilmember Rindone stated there was not a school in the City that did nol have more classrooms located on their property than five or ten years ago. Tbe other eoncern was that the options for expansion and innovalion was limited to two approacbes, i.e. Mello Roos Districts or bonds which required a 2/3rd's Vole. Many of the schools were between thirty to fifty years old and were beyond Iheir reasonable life expectancy. Councilmember Horton fell il was important to support comment #4, i.e. support of Proposition 170, to reduce the Z/3rd's VOle to a simple majority. ""'" ~ 02C-Y; . ..; '. Minutes May 26, 1994 Page 3 Commissioner Hyde slated the two most prominent thresholds in the minds of the citizens in the community were traffic and schools. The recommendation was really sponsored by the school districts and the GMOC supported them. Because the school districts in the real world were not able to mitigate the problem themselves, the recommendation said not that there be no rezoning, but that the schools were over capacity and if the City was going to rezone property to a higher density and generate more students to serve the interest of a developer, it was only fair that the developer be required to mitigate or provide for capacity for those students his project would generate. The Commission did not feel that was an unreasonable position to slart from. Everyone agreed the burden should be on the schools, developer, Slate, and City. Councilmember Horton slated 'no one would discount the recommendations regarding the schools but she felt the City needed to work with the school districts regarding the issue. She felt the districts also needed to look at different alternatives, i.e. multi-year tracking, etc, not just have the burden on the City. . . . Mayor Nader returned at 5:02 p.m. and Councilmember Horton left at 5:02 p.m. · · · Mayor Nader felt 'full mitigation' would mean mitigation that would reflect the true impact of a development on the school system. Therefore, if there were a certain number of people that moved into a development that were not new impacts, and should be excluded from the formula utilized to 'fully mitigate' a development. Mr. Batchelder stated staff had been looking at mitigating 'net' new increases as a result of zone changes. Librarv Threshold: . Councilmember Moore questioned the rationale of tbe recommendation to review the Library Threshold. Commissioner Hubbard responded that the curren I threshold was based on square foolage and it was their understanding tbat library square footage may nol be important in the future due to advances in media. Sewer Threshold: No questions asked. Drainalle Threshold: Councilmember Rindone questioned if the GIS system would help to assist in the area of drainage. City Manager Goss responded that was correct. Youal Threshold: . Councilmember Moore questioned if the threshold dealt with the developers impact fees or the overall fiscal well beiDg of the City. Mr. Batchelder responded that recommendation 9.1, the annual review/update efforts performed for eacb of the DIF's be expanded to also include a S-year projection of needs/revenues, based on the Planning Department's 5-7 year growth forecast, dealt with tbe D1F, 9.2, to refer the item 10 the Finance, Public Works and Planning Departments for evaluation and report back to Council and GMOC, could begin to expand outside of the D1F. -~CJ~? Minutes May 26, 1994 Page 4 """"\ Councilmember Moore stated the Commission was not to look al th< ov<rall w<1I being of the City, that was done by the Council. He did not see that as part of the purview of th< Commission. Their task was related to the D1F, i.e. did the City collect enougb, was it to mucb, was it spent for th< right purpose, etc. Commissioner Hubbard stated wben they received the fiscal report from staff one of the questions asked was if the one time monies were not available next year would services be impacted and the answer was yes. They were ataling that the Council may want to look at the continued use of one time monies to maintain service levels so the thresbolds were not violated. Mayor Nader stated be felt the GMOC duties included in a gen<ral sense recommendations on growth management policy. He interpreted the recommendation as not so much being r<lated to the overall bealth of the City, but to a specific growth management aspect of fiscal policy. He ~ould support review of operating expenses as well. Trame Thresholds: Mayor Nader questioned if the Commission had looked at th< proposed improvements with the Palomar Trolley project. Commissioner Hubbard stated the major concern was thalth<r< had re..n a deterioration from Level "C" to Level "0" over the last year at that intersection. Future projects were not reviewed by the Commission. Mayor Nader questioned if there was any mitigation measure on Otay Lak<s Road. Commissioner Hubbard responded there was no conversation regarding mitigation. but that it was an ara of concern as the threshold levels were in jeopardy during certain times of th< day ""'" Park.. & Recreation Threshold: Councilmember Moore felltbat whatever land was left for in-filling for parks was probably not suitable. He fell for recreation the City would be beller off by becoming full partners with th< high schools, under contract, to utilize their facilities. The City should not only pay their fair share of operation and maintenance, but buy into the program with upgrades to the facilities. He felt that would be more economical to th< City and help more people in the community Commissioner Hubbard that the Commission had recommended thatth< Park Impl<mentation Plan be pursued and implemented as soon as possible. He fell Councilmember Moor<'s comm<nts were appropriate. Mr. Batcbelder stated the Park Implementation Plan would be before Council towards the end of 1995. Work had been started and it was estimated that the work would take tw<lv< to <ight<<n months as the work was being done in-bouse. Councilmember Moore questioned if the City bad the staff expertise to do the report in-bouse. Mr. Goss responded that staff did bave the expertise and it was being done in-house with a team approacb. The problem was a work load issue. Mr. Leiter Slated staff would return to Council with a mid-term report dealing with some of the issues regarding Ilandards and short term issues raised by the GMOC. Staff would deal with some of the issues before that twelve month time frame. Councilmember Moore stated bis comments were two years old regarding contracting with the school districts and be felt something should be done. He wanted to s<< a contracl belw<<n th< <Iected officials of the two agencies. ""'" ?:2o-? . .., .. Minutes May 26, 1994 Page 5 Mayor Nader questioned if there were contracts with the schools receiving COBG monies. Mr. Valenzuela stated the City had contracts with East Lake High School, Community Youth Center, Chula Vista Higb Scbool, and were entering into a use agreement with the Otay Elementary Scbool. They were being done on a site by site basis because eacb site bad various constraints and opportunities. Mayor Nader stated Councilmember Moore's comments were directed toward one overall contract with eacb scbool district that divided up the ability to make use of whatever facility was there and without that umbr~l!. contract .etting into micro-management of eacb focility at each site, provide .eneric joint use to address the concerns regarding the shortage of public parklands. . Mr. Valenzuela felt that could be ICCOmplished. . . . Councilmember Horton returned at 5:43 p.m. · · · Councilmember Rindone stated Council would be meeting with the tbree scbool districts and recommended that sucb a contact be ploced <;>n tbe agenda for discussion. He felt the point was that it would provide continuity Councilmember Moore referred to tbe Greenbelt Master Plan and questioned wbat tbe cbecks and balances were for the Sweetwater River. . Mr. Leiter stated there were certain portions that were controlled by the County, but the western part lent itself to more of an urban park setting. Staff was looking to see how new developments would relate to that as well as use of the existing levy for bicycle trails. Councilmember Moore felt the biggest issue to ensure optimum use was the coMection between Otay and Sweetwater. He questioned if there was something reserved. Mr. Leiter responded that in the General Plan there was a designation wbicb was then included in the Specific Plans for those individual projects. He felt they should go forward witb more specific plaMing re.arding trails and other amenities that would be in a greenbelt master plan. It would have to be coordinated witb the Multiple Species and other planning being done for the larger open space in the east. Staff felt it should be pursued in the coming fiscal year. Mayor Nader questioned if Council took action on last years GMOC recommendation to amend tbe tbreshold. . Mr. Goss stated they bad DOl. Mayor Nader felt it should be agendized for discussion in tbe future. There had been discussion last year about the inclusion of joint scbool focilities and Otay Valley Rellional Park as part of the park plan that would be figured into the determination of whether the City was meetinll that tbreshold. He questioned wbether it had been reviewed if those types of focilities and land had been included in tbe calculation. Mr. Batchelder alated that had not been done. That was part of the early Phase I oflbe Parks Implementation Plan. Commissioner Hyde alated the General Plan included a comprehensive clescription of the Green Belt, but was unaware of any existin. map that showed the Green Belt. He suggested that an overlay be developed that would visually portray the Green Belt over the General Plan map. Mr. Leiter alated that an overlay could be done, but staff felt there needed to be more expansion of the plan to explain the locations of trails and details that could not be inferred from the General Plan. He recommended that Council occept the report and direct staff to return witb a work program on follow-up to the octions recommended by the GMOC. .y ;20-~ Minules May 26, 1994 Page 6 Mayor Nader queslioned if thaI meanl adopt the recommendations or acknowledge that the report had heen received. "",,\1 Councilmember RiDdone recommended that Council receive the report and refer 10 staff for follow-up with a work program on the aclions recommended by the GMOC. . Dick Reynolds, SOS Garrell Avenue, Chula Vista, CA, General Manager, Sweetwater Authority, commended the GMOC on their work and effort 10 understand water issues. They agreed wilh Ihe majority of the Iindings. He then reviewed the slrenllths of the Sweetwaler Authority in water storage. He felt a dislinction should be made by adding the San Diego Counly Waler AUlho,.;'Y. which was Ihe imported waler agency, 10 the chart sbowinll the thresholds. It was the Counly and Melropolitan Water AUlhority that could nol always supply the waler needed. Sweetwater Authorily had the facilities to cover up Ihe weaknesses of the importing alleneies. They had nol purchased water for one and ooe-half years and did not plan on purchasing water for anolher one and one-half years. They were also working on a demineralizatioo faeility'lhat would provide about 2S'IIi of their waler supply. In future years he recommended thaI the GMOC and Council look al the strengths of the waler agencies. 3. REVIEW OF DEPARTMENTAL BUDGETS as lime permits. Personnel, Fire, and as many carry overilems Mr Goss suggested Council review.the Nature Center (NC/BCT) budget due to a conflict with Ihe Direclor's schedule for the next week. MS (MoorelNader) to conceptually approve the NC/BCT's budget. Councilmember RiDdone queslioned the percentage of cost recovery due 10 admissions. Steven Neudecker, Direclor, responded staff had projecled $125,000 which would have heen Ihe first year of projeclions for revenues, they were currently at $45,000. The general museum market in lourisl allraclions in San Diego had reported an average 37'11i decrease in attendance due 10 the markel economy They hoped for a better summer and slronger economy """'\ Councilmember RiDdone queslioned if staff had reviewed Ihe approach of package deals or memberships with other allractions. Mr. .Neudecker responded that staff was exploring Ihat with several other agencies. * * * Councilmernber Horton left the meetinj( at S:SS p.m. * * * VOTE ON MOTION: approved 3-0-2 wilh Fox and Horton absenl. ...... MSC (NaderlRindone) to continue the balance of the Redevelopmenl Agency agenda and Council agenda to the Budget MeetinglWorkshop on June I, 1"4 at 6:00 p.m. in the Council Conference Room. Approved 3-0- 2 with Fox and Horton absent. ORAL COMI\WNICATJONS None ....... . ~ .20-1 .~ M mutes May 26, 1994 Page 7 '. OTHER BUSINESS 4. CITY MANAGER'S REPORTISl - None 5. MAYOR'S REPORTISl - None 6. COUNCn. COMMENTS. None . ADJOURNMENT ADJOURNMENT AT 5:56 P.M. to a Special Worksession/Meeting on Wednesday, June I, 1994 at 6:00 p.m. in the Council Conference Room and thence to the Regular City Council Meeting on June 7,1994 at 4:00 p.m. in the City Council Chambers. Respectfully submiued, BEVERLY A. AUTHELET, CMC, City Clerk by' ). \1. Vicki C. Soderquist, Deputy , . . 0&~J() ATTACHMENT B 1993 GMOC REPORT ~~tJ-// .. . .. MEMORANDUM May 4, 1994 TO: The Honorable Mayor and City Council FROM: Growth Management Oversight Commission SUBJECT. 1993 GMOC REPORT , It is again with pleasure that the GMOC presents its 1993 Report to the Mayor and City Council. The Commission members are sensitive to their responsibility to provide the Mayor and Council with' a succinct report, consistent with adopted threshold standards, In the process of providing orientation to new commission members, with regard to the purpose and intent of the Commission, it was our perception that several of the thresholds are due for review and possible revision. That perception was reinforced as we heard from, and conversed with, City staff and external agencies providing reports to the .commission. The need for change is based largely on the fact that; (1) the City's population has grown from approximately 90,000 in 1985 to 147,500 today due to the Montgomery annexation and growth, (2) the threshold standards are seven years old, and (3) there have been significant technological advances which impact the delivery and measurement of services. Therefore, the GMOC encourages the City Council to direct a review of the Police, Fire, Air Quality, Library, and Parks and Recreation thresholds. As an overview of the 1993 Report conclusions, the following identifies those thresholds found to either be complying or non-complying, and provides a brief summary of pertinent -' issues in each respective threshold area: 1. The City is in compliance with the following Thresholds: Schools Libraries Sewer Drainage Traffic Fiscal Parks and Recreation On the basis of the school districts' indication of sufficient capacity to house new students, given the City's 12-18 month growth projections, the distripts were found to be in compliance. The GMOC remains concerned, however, aboUt compliance over the longer-term, and has therefore outlined in Its recommendations several actions necessary to address continued overcrowding and future growth. The City ~ .2(}--JA 1. Ai ,/ Hubbard/GMOC -2- May 4, 1994 1 and districts need to continue to work cooperatively to achieve full and equitable mitigation of growth's impacts upon schools, particularly in western Chula Vista where opportunities for expansion are limited due to existing development. With the planned completion of the 37,000 square foot South Chula Vista Library, the City will meet and surpass the library threshold. Significant changes are being brought about in the present and future delivery of library services through the use of technology. This technology has the potential to bring about profound effects in citizens library access, and in the storage and retrieval of information. The GMOC therefore feels it relevant and timely for the Library Board of Trustees to provide input on the relationship of such changes to the library threshold standard. Under the new San Diego Area Wastewater Management District (SDAWMD), the City's future sewerage treatment capacity rights are not presently guaranteed as they were under the prior Metro system. It is therefore being recommended that the City retain its consulting team to guide the important decision to remain in, or leave the SDAWMD, which must be made by July 1, 1994 That decision could significantly affect the City's future approach to providing adequate sewerage treatment capacity and water reclamation. The GMOC continues to draw attention to the roughly 80 needed drainage improvements west of I-80S, which under current funding conditions would take over ""'" 20 years to complete. Similar to the identification by the Engineering Department of the present 15 top priority projects, the City needs to establish an ongoing annual program of prioritization and funding to assure timely completion of all 80+ projects. Such an effort is envisioned as necessary to ensure continued threshold compliance. The GMOC has identified 5 locations where potentially serious traffic threshold compliance problems could occur within the next 5 to 10 years. Of those locations, "H" Street both east and west of 1-805 continues to be of particular concern. It is recommended that a focused study of these locations be conducted as described in the report, with recommendations for proposed actions to ensure continued threshold compliance over the longer-term. That report should be available to assist the GMOC's review commencing in October, 1994. ~ , The City has established a well-functioning Development Impact Fee (DIF) program which has enabled maintenance of service levels commensurate with growth. The GMOC, however, is concerned about the continued recession and ongoing State budget cuts, and their implications to future staffing and service levels. In order to identify those implications, it is recommended that a report be prepared to evaluate the current reliance on one time revenues to balance the City's!:ludget, and to identify the potential short range impacts to services if such revenues are not available, and the current economic climate continues. ~ As endorsed by the City Council in 1992, the GMOC continues to encourage timely ~;<{}~/3 .. . . Hubbard/GMOC .3- May 4, 1994 adoption of a revised Parks and Recreation threshold standard to achieve 3 acres of parkland per 1000 population both east and west of 1-805. The GMOC is concerned that despite demonstrated need, no parkland has been added in western Chula Vista since inception of the Growth Management programs in 1987. It is recommended that the City complete and act upon the Parks Implementation Plan (PIP) currently being prepared by staff. The PIP is crucial to the ultimate provision of needed facilities and services, and to completion of a revised threshold standard for adoption. 2. The City is not in compliance with the following Thresholds: Police The threshold for Priority I (emergency) calls for service (CFS) was not fully met for the third consecutive review period, although the shortfall was slight. Overall, CFS volume has risen by more than 20% in the last three years. Reports indicated that the present record keeping systems do not enable data management which can quantify whether these CFS increases are growth related. Without a good handle on the patterns and other aspects of increased CFS, it is difficult for the Police Department and the GMOC to determine whether threshold performance issues will continue to exist, or how to best structure and manage police resources in combating crime and maintaining appropriate service levels. It is therefore recommended that the City Council support timely implementation of the proposed Computer Aided Dispatch and Records Management System (CAD/RMS), to provide for proper management of police resources, and to enable the GMOC to identify and quantify growth's impacts on the delivery of police services. FlrelEMS Data indicates that the Fire Department has not met the minimum threshold standard, however, other factors exist (beyond those originally included in formulation of the standard) which alter the appearance of actual performance I compliance. To resolve these inconsistencies, and the GMOC's concerns, it is again recommended, as with police services, that the City Council support timely implementation of the CAD/RMS system which is a joint proposal of the Police and Fire Departments. 3. The GMOC recommends that the City Council issue Statements of Concern for the following threshold standards: Water Despite increased coordination and cooperation between the City ana the two major local water districts, the GMOC remains concerned about long-term water availability, dependance on imported water supply, and the need for development of adequate future storage, and reclamation and other alternative water sources to -~ .:20-/7 J,j :/' Hubbard/GMOC -4- May 4, 1994 "'""" meet the needs of future growth. Consistent with the many issues outlined in the report, the Inter Agency Water Task Force (IAWTF) continues to provide an excellent forum in which to address these matters of mutual concern. Air Quality Although the San Diego Region continued to experience improvement in overall air quality during 1993, an acceptable level of air quality has not yet been achieved. Implementation of the APCD's adopted Regional Air Quality Strategy (AQS) and its various measures such as the TCM and TOM Plans, and a forthcoming Indirect Source Reduction Plan are crucial to continued air quality improvement, and should be encouraged and fully supported by the City. Additionally, and based on repeated input from the APCD, it is recommended that the air quality threshold standard be revised to achieve better coordination with the APeD and SANDAG, and in implementing provisions of the AQS. The City Council should authorize formation of a task force to develop a draft revised standard for GMOC consideration with its review commencing in October, 1994. :The GMOC commends the School, Water and Air Pollution Control Districts, and the various City departments for their continued cooperation in working with the Commission We are most appreciative of the outstanding support from the Planning Department, and "'""" in particular Ed Batchelder Sincerely, j: -/~$~V Tris HUDbard Chairman, GMOC (GMOC.13\RPT -cOVR.MEM) """'" ~ .;LC-/3;0.t'J -/t . ATTACHMENT C 1993 GROWTH MANAGEMENT OVERSIGHT COMMISSION ANNUAL REPORT RECOMMENDATIONS - IMPLEMENTING ACTIONS SUMMARY AND DEPARTMENTAL WORK PROGRAM RESPONSES . . ~ ;2{J ~/b . . t/) Z 0 ~ Z W ::E ::E 0 fd a: .... a: ~ W t/) a: W ...I t/) ~ Z ~ ~ Z Z e( t/) e( ::E W a: g ::E ::l ::E t/) ~ ::E t/) .Cl Z Cl .z 0 0 . 0 i= 01 a: Ci5 0 zQ. e( e(:ll:: t/) a: i Cl i ::E Z 0 i= 0 Z ...I W e( !i: ::E .... 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" c ~.Q ii 5~ "Q) -- "" 0'[ Eo Q) r~ c~ - .. ~1l"E '2''' Ol o.OlE bl!~ .- 2 Ol E 0. ~ J!!0'O :e-cu g~= ._ c ! ii I'- ~ ~ ~ c2CJ ~,)..f5 E'O !cu ~.~ c= .- " , .. ~b l~ .- I!! ,E 0. 01 U: c Ol .!!~ ..- 'C- 0.0 K'E o.Ol .. c 0l8. = SE o -.. c .. ~.;;; . 0U;= 15 ~ ..~8 ~Oli """ ::1 .., ~ ~ "'! ~ ~ I N .... I ...... .!!l 0" -~ Q)u ~ E -s c .. S ~ 3lc ".- 0, ~.. "i!: 1:! ~'2 rE .!!lo jl ~~ It:~ '08: Iii.. ~~ .... 0... . !I~ """ "'! ~ ~ . . . MEMORANDUM May 4, 1994 TO: The Honorable Mayor and City Council FROM: Growth Management Oversight Commission SUBJECT: 1993 GMOC REPORT It is again with pleasure that the GMOC presents Its 1993 Report to the Mayor and City Council. The Commission members are aensitive to 'their responsibility to provide the Mayor and Council with a succinct report, consistent with adopted threshold standards. In the process of providing orientation to new commission members, with regard to the purpose and intent of the Commission, It was our perception that several of the thresholds are due for review and possible revision. That perception was reinforced as we heard from, and conversed with, City staff and extemal agencies providing reports to the Commission. The need for change is based largely on the fact that; (1) the City's population has grown from approximately 90,000 In 1985 to 147,500 today due to the Montgomery annexation and growth. (2) the threshold standards are seven years old, and (3) there have been significant technological advances which Impact the delivery and measurement of services. Therefore, the GMOC encourages the City Council to direct a 'review of the Police. Fire, Air Quality, Library, and Parks and Recreation thresholds. As an overview of the 1993 Report conclusions, the following identifies thoae thresholds found to either be complying or non-complying. and provides a brief summary of pertinent issues in each respective threshold area: 1. The City is In compliance with the following Thresholds: Schools Ubrarles Sewer Drainage Traffic Fiscal Parks and Recreation On the basis of the school dlstricla' Indication of sutllclent capacity to house new students. given the City's 12-18 month growth projections, the districts were found to be in compliance. The GMOC remains concemed, however, about compliance over the longer-tenn, and has therefore outlined In Ita recommendations several actions necessary to address continued overcrowding and future growth. The City _~ . .20./.;2.') I' ",l"'-i J" ;1\ Hubbard/GMOC -2- May 4,1994 and districts need to continue to work cooperatively to achieve full and equitable mitigation of growth's impacts upon schools, particularly In westem Chula Vista where opportunities for expansion are limited due to existing development. ""'" With the planned completion of the 37,000 square foot South Chula Vista Library, the City will meet and surpass the library threshold. Significant changes are being brought about in the present and future delivery of library services through the use of technology. This technology has the potential to bring about profound effects In citizens library access, and in the storage and retrieval of Information. The GMOC therefore feels it relevant and timely for the Library Board of Trustees to provide Input on the relationship of such changes to the library threshold standard. Under the new San Diego Area Wastewater Management District (SDAWMD), the City's future sewerage treatment capacity rights are not presently guaranteed as they were under the prior Metro system. It is therefore being recommended that the City retain its consulting team to guide the important decision to remain in, or leave the SDAWMD, which must be made by July 1, 1994. That decision could significantly affect the City's future approach to providing adequate sewerage treatment capacity and water reclamation. The GMOC continues to draw attention to the roughly 80 needed drainage improvements west of 1-805, which under current funding conditions would take over 20 years to complete. Similar to the identification by the Engineering Department """" of the present 15 top priority projects, the City needs to establish an ongoing annual program of prioritization and funding to assure timely completion of all 80+ projects. Such an effort is envisioned as necessary to ensure continued threshold compliance. The GMOC has identified 5 locations where potentially serious traffic threshold compliance problems could occur within the next 5 to 10 years. Of those locations, "H" Street both east and west of 1-805 continues to be of particular concem. It is recommended that a focused study of these locations be conducted as described In the report, with recommendations for proposed actions to ensure continued threshold compliance over the longer-tenn. That report should be available to assist the GMOC's review commencing in October, 1994. The City has established a well-functioning Development Impact Fee (DIF) program which has enabled maintenance of service levels commensurate with growth. The GMOC, however, Is concemed about the continued recession and ongoing State budget cuts, and their implications to future staffing and service levels. In order to Identify those implications, it is recommended that a report be prepared to evaluate the current reliance on one time revenues to balance the City's budget. and to Identify the potential short range impacts to services If such revenues are not available, and the current economic climate continues. As endorsed by the City Council in 1992, the GMOC continues to encourage timely """'\ . ~02tJ-3{/ . Hubbard/GMOC -3- May 4, 1994 adoption of a revised Parks and Recreation threshold standard to achieve 3 acres of parkland per 1000 population both east and west of 1-805. The GMOC is concemed that despite demonstrated need, no partdand hes been added in westem Chula Vista since inception of the Growth Management programs In 1987. It is recommended that the City complete and act upon the Parks Implementation Plan (PIP) currently being prepared by staff. The PIP Is crucial to the ultimate provision of needed facilities and services, and to completion of a revised threshold standard for adoption. 2. The City is not in compliance with the following Thresholds: Pollee . The threshold for Priority I (emergency) calls for service (CFS) was not fully met for the third consecutive review period, although the shortfall was slight. Overall, CFS volume has risen by more than 20% in the last three years. Reports Indicated that the present record keeping systems do not enable data management which can quantify whether these CFS increases are growth related. Without a good handle on the pattems and other aspects of Increased CFS, it Is difficult for the Police Department and the GMOC to dete""ine whether threshold perfonnance Issues will continue to exist, or how to best structure and manage police resources In combating crime and maintaining appropriate service levels. It Is therefore recommended that the City Council support timely Implementation of the proposed Computer Aided Dispatch and Records Management System (CADIRMS), to provide for proper management of police resources, and to enable the GMOC to identify and quantify growth's impacts on the delivery of police services. FlrelEMS . Data indicates that the Fire Department has not met the minimum threshold standard, however, other factors exist (beyond those originally Included In fo""ulation of the standard) which alter the appearance of actual perfonnance I compliance. To resolve these inconsistencies, and the GMOC's concems, It is again recommended, as with police services, that the City Council support timely Implementation of the CADIRMS aystam which Is a joint proposal of the Police and Fire Departments. 3. The GMOC recommends that the City Council lasue Statements of Concem for the following threshold standards: Water Despite increased coordination and cooperation between the City and the two major local water districts, the GMOC remains concemed about Iong-te"" water availability, dependance on Imported water supply, and the need for development of adequate future storage, and reclamation and other altematlve water sources to . -~ .:2tJ/}/ III 1), I ), Hubbard/GMOC -4- May 4, 1994 '"'" meet the needs of future growth. Consistent with the many issues outlined in the report, the Inter Agency Water Task Force (IAWTF) continues to provide an excellent forum in which to address these matters of mutual concem. Air Quality Although the San Diego Region continued to experience Improvement in overall air quality during 1993, an acceptable level of air quality has not yet been achieved. Implementation of the APCD's adopted Regional Air Quality Strategy (AQS) and its various measures such as the TCM .and TOM Plans, and a forthcoming Indirect Source Reduction Plan are crucial to continued air quality improvement, and should be encouraged and fully supported by the City. Additionally, and based on repeated input from the APCD, it is recommended that the air quality threshold standard be revised to achieve better coordination with the APCD and SANDAG, and in Implementing provisions of the AQS. The City Council should authorize formation of a task force to develop a draft revised standard for GMOC consideration with its review commencing in October, 1994. The GMOC commends the School, Water and Air Pollution Control Districts, and the various City departments for their continued cooperation in working with the Commission. We are most appreciative of the outstanding support from the Planning Department, and in particular Ed Batchelder. "'" Sincerely, ~- -/~f ~1::Y Tns Hu bard Chairman, GMOC (IlMOC II\.'IIPT .aI\IR.MEM) '"'" r 020/J/A . ( . IUBMITTI;Q. ,.,A y 1994 . -/ :;LfJ - 3) )J ,,~ ""', ~, , "'" CITY OF CHULA VISTA GROWTH MANAGEMENT OVERSIGHT COMMISSION 1993 REPORT Commission Members Tris Hubbard, Chairman (Education) Elizabeth Allen, Vice Chairman '(Montgomery) Will T. Hyde (Environmental) Chuck Peter (Business) Thomas Martin (Planning Commission) Mike Armbrust (Center City) James Langius (Development) James Kell (Eastern Territories) Carol "Lynn" Dull (Sweetwater) """" Staff Edgar Batchelder, Associate Planner May 1994 """" , ~ d-c;?- J;/ F"; " i . . . TODlc Introduction Process TABLE OF CONTENTS Development Forecasts Threshold/Annual Review Summary Annual Review of Thresholds Police Fire Water Air Quality Schools Libraries Sewer Drainage Fiscal Traffic Parks and Recreation ADDendlx A. B. C. D. E. F. G. H. Police Department Memorandum I. Fire Department Memorandum Water District Communications J. APCD Convnunicatlons School DIstrict Communications K. library Memorandum Engineering Sewer and Drainage Reports Engineering Traffic Reports e.sm 1 2 2 5 6 9 11 16 20 28 30 33 35 38 42 Finance Department Memorandum Parka and Recreation Department Memorandum Development Forecast Report .-- - ~ .;L()/ 3~ " 1-1) ""'"" GROWTH MANAGEMENT OVERSIGHT COMMISSION 1993 REPORT May 1, 1993 INTRODUCTION In November 1987, through the input of citizens and developers. the City Council adopted the Threshold/Standards Policy for Chula Vista. Eleven public facility and service issues are addressed by the Policy, and each is discussed in terms of a goal, objectives, "threshold" or standard, and implementation measures. The Standards form the backbone of an overall growth management program for the City which has evolved since 1987 through adoption of a Growth Management Element of the General Plan in 1989, and a Growth Management Program document and Implementing Ordinance in 1991. Adherence to these Citywide Standards is intended to preserve and enhance public facilities and services, the environment, and the quality-of-Iife of Chula Vista residents as growth occurs. . To provide an independent annual City-wide Threshold/Standards compliance review, a Growth Management Oversight Committee (GMOC) was created. The Committee was appointed by the City Council in the summer of 1988. It is composed of nine members representing a geographical balance of residents as well as a cross section of interest ""'"" including education, environmental, business and development. There Is also representation by the Planning Commission. In April of 1991, the City Council changed the designation of the Committee to the Growth Management Oversight Commission. As Commission vacancies occur they should be filled reflecting the geographic or special interest designation which they represent. The responsibilities of the Commission in conducting its annual review include the following: a determination of whether the thresholds have been complied with on both a project and cumulative basis over the prior year; whether compliance is likely to be maintained based on both short-term and long- term development forecasts; whether each threshold is appropriate for its goal; whether any new thresholds should be adopted for any Issues; whether any new issues should be added to or deleted from the threshold group; whether the City has been using developer fees for the Intended purpose; what the fiscal impact of threshold compliance may be; and whether the means of compliance are appropriate and being achieved. Development projects in Chula VISta are required to demonstrate that the Threshold Standards will be maintained as growth occurs. Each project Is reviewed, and appropriately conditioned to assure that needed facilities and eervices are In place In ""'"" advance of. or concurrent with proposed development. This .concurrency" policy # .;!.O~ . ( . . promotes the continuation of a high quality-of-life for existing as well as future city ntsidents. PROCESS The Growth Management Oversight Commission (GMOC) held a series of 8 meetings from December 1993 through April 1994. The Commission spent the first meeting reviewing the City Council's actions on the 1992 GMOC Report and ntcommendations, and in ntviewing the established thresholds and Commission ntsponsibilities as an orientation for new members. The next 5 meetings went spent ntviewing the growth fontcasts and the threshold policies, and in determining compliance with those policies based on reports which were submitted by both individual City departments and extemal agencies. Presentations of the reports were made by ntpresentatives of the Sweetwater and Otay wlter districts, Chula Vista Elementary and Sweetwater Union High school districts, the San Diego County Air Pollution Control District, and City staff including Engineering, Tratlic Engineering, Parks and Recreation, Library, Fire, Police, Finance, and Planning. The , GMOC reviewed each threshold and determined whether or not it was appropriate to issue a statement of concem or make other ntcommendations regarding that threshold, Following completion of the individual threshold ntviews, the GMOC prepared, ntviewed and adopted this annual ntport to the Planning Commission and City Council. The GMOC's review Is structured around a fiscal year cycie, whentby the Commission is scheduled to commence activity in October (ntviewing the prior fiscal year), and completing In annualntport in about February. This particular ntview cycie is intended to allow the GMOC ntport to be available concurrent with the commencement of City budget deliberations for the coming fiscal year. Such an Ipproach accommodates consideration by the City Council of any GMOC recommendations which may have bUdget implications. The otlicial review period for this ntport is July 1, 1992 through June 30, 1993. However, any issues Identified during the second half of 1993 and early in 1994 ant also addressed in this report as appropriate. The next GMOC ntview period will begin in October, 1994, and address the period from July 1, 1993 through June 30,1994. DEVELOPMENT F08ECASTS The Threshold/Standards Policy calls for City staff to pntpant both short-range (12 to 18 month) and mid-range (5 to 7 years) development fontcasts at the beginning of the annual GMOC ntview process. Complimentary to thntshold performance evaluation over the prior year period, these fontcasts serve to provide a common basis by which the GMOC, staff and extemal agencies can identify and addntss futunt potential thntShold concems before a problem arises. The fontcasls were prepared In July 1993 in coordination with SANDAG's Series 8 Regional FOntcast efforts, and distributed to the ntSpective agencies and City departments for evaluation and ntport back to the GMOC. A copy of the Planning Departmenfs fontcast ntport is included as Appendix K ( -~ ;20'J7 2 , f), ?\~ Ail ~ 12-18 Month Forecast In response to the ongoing recession and current economic climate, the forecast figures consist of a range with a low end and high end. The low end is based primarily on a 24- month trend analysis of prior construction activity during the last half of 1991, all of 1992, and the first half of 1993, and forecasts ~ dwelling units to be permitted for construction and ID dwelling units to reach occupancy over the 18 month period from July 1993 through December 1994. The high end forecast primarily reflects the local development community's anticipated construction schedules, and projects 1.696 dwelling units to be permitted for construction and 1.ZZQ. dweHing units to reach occupancy over the same period. The apparently large variant in the forecast range reflects the continued uncertainty as to the pace of recessionary recovery, the regaining of consumer confidence in an unstable job market, and the availability of development I construction financing in the wake of the S & L failures. By comparison, residential development activity levels in both 1992 and 1993 were. about one half of average annual levels experienced during the later 1980's. Local economists are predicting only a modest increase In housing unit authorizations on a county-wide basis during 1994, as compared to 1993. 5-7 Year Forecest As noted earlier, a new mid-range forecasting methodology consistent with the SANDAG draft Series 8 forecast model, has again been used for this forecast. The City's intent in """'" coordinating the mid-range (5-7 year) forecast with Series 8, is to further improve forecasting methodology consistent with the regional and sub-regional models, and to allow for easier and more consistent updates of these forecasts. In doing so, the same assumptions utilized in the Series 8 forecast for projecting future growth and development in the region are applied locally to the City's forecast. These assumptions include, but are not limited to, population trends, economic trends, and infrastructure needs. The Series 8 model also considers the remaining development potential of all lands, both vacant and infill, within the greater San Diego Region and its subregions. Because of this, local planning efforts, such as those related to public facility planning, will benefit from the City's forecast being linked to the regional forecast, as it provides the City the ability to consider the Impact of all projects within and adjacent to our Planning Area. This revised local forecasting approach will also enable the City to more accurately anticipate Iong- range public facility needs, and to address necessary preplanning by the development community in concert with the policies of the City and other affected govemment agencies. The forecast publication is attached as an Appendix K to this report, and provides a full description of this improved approach. Similar to the 12-18 month forecast, a low and high-end range were again used. City-wlde, during the next five to seven years, the average annual number of dwelling units expected to be completed ranges from a low of ~ to a high of~. These annual averages refleet increased activity levels In the latter years of the forecast (post 1995) associated with a general shift in county-wide development pattems, and the projected , commencement of construction In Otay Ranch. This forecast also takes into consideration ~c20<5Y . . . known facility capacity limitations, particularly those related to traffic circulation and the proposed State Route 125 phasing and financing ltudy. While a majority of the forecast is attributable to growth in eastern Chula VISta, the figures do reflect approximately 150 dwelling units per year of infill development in western Chula Vista based primarily on an analysis of historic trends. -,.rr: ..2IJ ~ 3; .. , / ( 'I t1F ~ i . :;) en ~ ~ 0: ... e :;) z .,z Ie .... en Q 0: ~ z t! en 9 o :z: en w 0: ~ -'9 Q e wZ ~OClW z:Z:z. 1!!1t)!~ o~uu o.j: ~ It) QUWW z~it~ CU_~ ~:!G-' goco. c~l=8 u.. ol=~o W ... Gl"'~U zZu;>\ijz ~ffizu-~ ~!~~~~ liiu~c U OW -,u o~... :z:-W It)-'.. wo.- !XI! j:8 ........ 11)1 it' ~ I I I i I W ::) W P I J ::) It) g II ~ fa J I IJlui "0 ~ I .. ~ 0. It Ii .Ii C Ii .Ii 0 ........ N ... . lIS . ..: . .; .,; ... ... ... ~ ~t?-L/?/ . -ANNUAL REVIEW OF THRESHQLDS- DtRESHOLDS REFLECII~G SlATEMENTS OF CONOERN, OR NONooCOMPLlANCE a POLICE - THE GM9C FINDS IHA T THE CITY IS NOT IN c;OM!'JJANCE WITH THI; POLICE IH"E~HQLD STANQARD. ALTHO!.LG!:t tHE SHQ81FALL "AS IUGI1T. ANp PERFORMANCj: ,S SIGN,IFICANTL Y IMPROVED OVER LAST YEAR. THE CITY SHOULD CONTINUE TO CLOSELY MONITOR THIS TH"9!:tQL.D IN THE NEAR FUTURE. . When.the GMOC reviewed the threshold standard last year. the Police Department had recently corne under new administration, and a variety of operational and managerial changes designed to Improve performance were being Implemented. In large part, those changes were In respon~ to the two prior years of non- conformance with the threshold standard (Fiscal Years '90-'91 and '91-'92). At that time, the GMOC recognized that It would take time for the changes to bring about Improvement In threshold performance. Those changes have now been operational for approximately 18 months, and based on this year'. performance (FY '92-'93), appear to be working. However, despite Improved performance, the Department again did not achieve full conformance with the standard. While both measures for Priority " Calls for Service (CFS) were met, only one of the two measures for Priority I CFS was met as follows: Priority I Calls for Service (PI CFS)- The threshold for Priority I (emergency) CFS requires that 84% of these calls be responded to within 7 minutes, with an average response time of 4.5 minutes or less measured annually. The actual performance for FY 1992-93 Indicates that 84.2% of all Priority I calls were responded to within 7 minutes, but with an average response time of 4.7 minutes (5.2% below the standard). As a measure of Improvement, the performance ligures for FY '91-'92 were 81.2% of PI CFS within 7 minutes, with an average response time of 4.9 minutes. . Priorltv " Calls for Service (PII CFSl- The threshold for Priority II (urgent) CFS requlntS that 82% of these calls be responded to within 7 minutes, with an average ruponse time of 7 minutes or less measured annually. The actual performance for FY 1992-93 Indicates that 84.2% of all PII CFS were ntSponded to within 7 minutes, with an average response time of 8.33 minutes. The data Indicates that the threshold for PII CFS Is being met. -~ cRj -1// / ~01 , While the GMOC considers the shortfall to be a modest deficiency, we none-the- less remain concemed since this Is third consecutive year in which Police performance has been very near, or below, the minimum acceptable standard. Additionally, It is difficult for the GMOC to pinpoint causes and recommend remedial actions, as no conclusive evidence exists to indicate that matter is attributable to growth. The Departmenfs written and verbal reports indicated that the present record keeping systems do not enable data management in a fashion which can readily quantify whether increases in CFS are growth related. Overall, CFS volume has risen by more than 20% over the last 3 fiscal years, with a trend in annual increase between 5% and 9%. Without a good handle on the pattems and other aspects of increased CFS within the City, It is difficult for the Police Department and the GMOC to determine whether threshold performance Issues will continue to exist, or how best to structure and manage police resources in combating crime and maintaining appropriate service levels. In these regards, the Department has emphasized the importance of technological enhancements through a Comp,uter Aided Dispatch and Records Management System (CADIRMS). The proposed CADIRMS system provides numerous benefits, and would also serve the Fire Department. Such systems have been successfully implemented in other jurisdictions within the San Diego Region, and have shown to be an invaluable tool. City staff have been working on the present CADIRMS project proposal since 1992, and are currently preparing the final benefit/cost analysis. Additionally, staff is developing altemative project funding sources and financing methodologies for review by the City Manager. Staff expects that the City Council will receive a Supplemental Budget Report in late May, 1994, discussing a wide range of policy considerations associated with system implementation, along with staffs recommendations on how to fund and finance the proposed project. Therefore, the GMOC recommends: . That the City Council support timely Implementation of the proposed CAD/RMS system, including neeusal)' funding tachnlques and allocations. The CAD/RMS system wil" for the first time, enable the GItfOC to Identify end quantify growth's Impacts on the del/vel)' of pollee service. The GMOC highlights the importance of the proposed CADIRMS system to the Mure of managing police service and response times. If only existing techniques I systems remain in place, the GMOC foresees continuation of the present inability to identify and quantify growth's impacts on the delivery of police services. In addition. given the post-implementation time window necessary for any new system to produce worthwhile indicators and/or measurable results, the GMOC also recommends: . That re-eva/uation of the Pollee Thruhold Standard occur approximately one year subsequent to implementation of the CAD/RItfS eystem. It Ie entJclpated that at INst one year of 7 -y co2!) ?y.;2 ~ '""'" """\ . ( CADlRItfS mtIstIcs will be neceaa'Y to determine " current /aUN Influanclng poIlc. performance cen be aolved through ma".gerlal technlquN, or" an alteration of the current Standard ,. warranted. Aaumlng th. CADIRItfS ayatem ,. In plac. by th. end of 1114, th. GMOC would cona/tler the th"""old mndllrd lor ,.vlalon In their annual ,.vlew commencing October, 1195. Beyond the CADIRMS proposal, the Police Department Is also embarking on a multi-faceted proactive policlng et'rort under the well grounded philosophy that It Is more effective in the long run to prevent crime than to respond to calls for service. Examples of such efforts include: . The Street Team comprised of 5 sworn otlicers devoted to preventing street crimes such as robberies and drug dealing; The Gang Unit comprised of 4 swom officers to provide enhanced police presence within the gang community by patrolling places gang members are known to congregate; The Regional Auto Theft Task Force (RA1/) and the Tactical Action Cargo Theft Team (TACT) comprised of 1 sergeant and 2 agents speclalizing in reducing auto thefts and the theft of trucking industry cargo; 4) The School Resource Officer (SRO) Program that assigns swom otIicers to local high schools on a full-time basis; and 2) 1) 3) 5) The Police Activities League (PAL) which provides youth with a variety of healthy altematives to criminal behavior and/or gang membership. The Department has also implemented a Swom Statling Overhire Program, which qualifies recruits before they are needed. This enables the Department to come closer to fully staffing existing positions during the course of the year given the amount of tumover that occurs In a department with more than 240 persons. Taken together. the Department projects that the previously noted efforts will result In Improved response time data. and attainment of threshold compliance for the next reporting period (July 1, 1993 through June 30, 1994). . y- ~tJ';~J 8 ~ " ~-t ~[{' a FIRElEMS . THE GMOC FINDS THAT THE CITY IS NOT IN COMPLIANCE WITH THE FIRElEMS THRESHOLD STANDARD. IT APPEARS. HOWEVER. THAT THIS t40N-COMPLIANCE IS A REFLECTION OF A CHANGE IN THE MANNER OF DATA COLLECTION. A"D NOT A REDUCTION OF FIRE SERVICE I.EVELS FOR FISCAL YEAR 1992.93 The threshold standard requires that 85% of all emergency fire and medical calls be responded to within 7 minutes. Response statistics presented for Fiscal Year 1992-93 indicate that only 78% of all emergency calls were responded to within 7 minutes. Although this data appears to Indicate that the Fire Department has not met the minimum threshold standard, other factors exist (beyond those originally included in formulation of the standard) which alter the appearance of actual performance/compliance . There are three major components of response time: Dispatch time; Tumout time; and Travel time. Disoatch time is the time required to receive a call for service (call intake time) and to dispatch an emergency vehicle to the incident. Tumout time is the time required by fire personnel to leave the fire station after receipt of the dispatch instructions. Travel time is the time taken to drive to the Incident location. When the 7 minute threshold standard was developed in 1987, the Fire Department had a semi-automated computer dispatch system which did not record call intake or call dispatching times. During call intake (which is a sub-c:omponent of Dispatch time), the time needed to gather relevant Information varies considerably from call- to-call. Thereby, staff could not establish a meaningful call intake time, and that component was therefore not included in the threshold standard. Conversely, there is generally only a small degree of variance in the time needed to actually dispatch (via radio transmission) a call to the station. As such, a fixed dispatch time of 30 seconds was established as part of the 7 minute standard. The remaining 6 minutes and 30 seconds was ascribed for tumout and travel time, based largely on the then average time taken for these two components; the intent stemming from the public consensus that current service levels were adequate, and should not be allowed to deteriorate. In July, 1992 (the beginning of the present threshold review period), new communications equipment was Installed In the Dispatch Center. The system now captures the actual total dispatch time, Including the call Intake component. The resulting effect to threshold performance measurement is that available statistics now Include time factors In the overall response time statistics which were not Included In the current threshold standard. These are call Intake time frames which were never included, and actual dispatch times VB. the ftat 30 seconds. As a result, the GMOC has concluded that It does not have before It statistical performance measurements consistent with the threshold standard's present structure. In this light, the Fire Department was able to effectively show that tumout and travel times 9 ~ ~tP~L/i '"""\ ........, .'"""'\ . l remain largely unchanged from prior years, Illustrating that delivery of fire and emergency medical services has not deterioreted. Toward resolving this statistical Inconsistency, the FIre Department has Indicated that the present dispatch system Is not technically capable of separating out the call Intake and dispatch components. They are, however, presently working In conjunction with the Police Department on Implementation of a new Computer Aided Dispatch and Records Management System (CADIRMS). The CADIRMS system will provide a weaith of operational and managerial enhancements which will directly benefit overall response times, Including the ability to statistically separate all components of overall response time, and for the first time. allow the direct evaluation of growth's Impacts on the delivery of services. City staff have been working on the present CADIRMS project proposal since 1992. and are currently preparing the final benefit/cost analysis. Additionally, staff is developing altemative project funding sources and financing methodologies for review by the City Manager. Staff expects that the City Council ",iii receive a Supplemental Budget Report in late May, 1994. discussing a wide range of policy considerations associated with system Implementation. along with statrs recommendations on how to fund and finance the proposed project. Therefore, the GMOC recommends: . That the City Council approve, and """'ate neceaary funding for, the propcned CADIRMS aptem which will Improve aervlces, and enable the Fire Department to evaluate Ita tupOnae tlme performance In conwctlng present atatlstlcal Inconslatanc/ea, and In determining whether any changes to the Threshold Standard are needed. The GMOC highlights Its understanding that If only existing systems remain in place, there will be a continuation of the present Inability to evaluate threshold performance consistent with the provisions of the current standard. Given the post. Implementation time windows typically necessary for any new system to produce worthwhile indicators and/or measurable results, the GMOC also recommends: . . . That a comprehensive review of the Fire Threshold be undertaken approximately one year subsequent to Implementatlon of the CADlRMS sptem. It /a antlc/pated that at leaat one INr of CADlRMS atatlat/cs will be nacaaaary In resolving present mauurement inconsistencies, and In determIning " any alteration of tha currwrt atandard /a warranted. Asaumlng the CADlRIIS spfMJ /a In place by the end of 1'84, the GMOC would consider tha threshold atandard for rev/alon In thalr ann..' review commenclng OcfQbar, f"5. In the interim, It will be Important to maintain full atatIing In the Communications Center to ensure maximum efficiency during peak demand periods for both fire and police calls. -~ ffi'-~ , " H < """\ a WATER- THE GMOC FINDS THAT BOTH THE SWEETWATER AUTHORITY AND OTAY WATER DISTRICT .HAVE SUFF=ICIENT WATER SUPPLY AND AVAILABILITY TO MEET THE NEEDS OF LOCAL qROWTH OVER THE NEXT 12 TO 18 MONTHS. AND ARE THEREFORE IN COMPLIANCE WITH THAT ASP~CT OF THE WATER THRESHOLD STANDARD. THE GMOC. HOWEVER. BEMAINS CONCERNED ABOUT. LONG-TERM WATER AVAILABILITY. PEPENDANCE ON IMPORTED SUPPLY. AND THE NEED FOR DEVELOPMENT OF ADEQUATE FUTURE STORAGE. REC~MATION AND OTHER ALTERNATIVE WATER SOURCES. AND 8ECOMME~DS THAT THE CITY COUNCIL ISSUE A 'TATEMENT OF CONCERN TO BOTH THE 'WEETWATER AUTHORITY AND THE OTAY WATER DISTRICT. While the GMOC is concerned about the potentially serious situation regarding longer-term water supply, we want to acknowledge both Otay Water District and Sweetwater Authority for their responsiveness in addressing prior GMOC concerns regarding shorter-term supply and storage issues, and for their continuing efforts in these regards. Of particular note is the ongoing development of very positive coordination and cooperation with the City to mutually address water matters through the Inter Agency Water Task Force (IAWTF). ......... Both the Sweetwater Authority and the Otay Water District again provided the GMOC with thorough written and oral reports, and individually and jointly are undertaking a variety of efforts toward planning for sufficient delivery and storage systems to meet the demands of forecasted growth. Some pertinent highlights of those efforts are: 1) Both agencies continue to promote and develop water conservation programs applied to both existing users and new development. 2) Sweetwater Authority is continuing to work closely with the City on the Bayfront project to ensure appropriate Infrastructure planning and upgrades occur. 3) Sweetwater Authority continues to work toward diversifying Its supply and storage programs to reach a 50% norHfependance goal on Imported water through several efforts including: a brackish groundwater desalinization project within the Lower Sweetwater Valley for which an EIR is presently being prepared; studying, through the CWA, the storage of surplus water In groundwater aquifers by using Injection/extraction wells In the San Diego formation; and evaluating Increase of the storage capacity of Sweetwater Reservoir. Otay Water District is also participating In the funding of the CWA study of the San Diego formation for groundwater or recharge potential. . """\ _~ .;2tJ~t/~ t. 4) Both agencies continue to coordinate with the CWA on the construction of Pipeline No.4, expected to be completed by January 1997. This second pipeline to serve the South Bay will increase the treated water delivery capacity to Otay Water District, and generally provide additional water delivery reliability to both districts In the Instance of planned or unplanned shutdowns of the present one pipeline. 5) The CWA Is undertaking a variety of efforts to improve the reliability of the region's water supply system In the Instance of repeated drought, or sustained delivery Intenuptions from the Metropolitan Water District (MWD). Part of this Includes MWD's acquisition of a large reservoir site In the Riverside County area. 6) Otay Water is continuing to develop a sutlicient storage and supply network to meet the demands of new development. and In accordance with CWA goals, to sustain a 10 day independen~ in the event that potable water deliveries by CWA to Otay are Intenupted by planned or emergency aqueduct l5hutdowns. Otay has completed a study entitled "Emergency Water Supply Options" outlining the following potentially viable options: an agreement with the City of San Diego for storage and treatment capacity in Lower Otay Reservoir; . an agreement with Helix Water District for treatment capacity at their Levy facility in conjunction with the CWA and Padre Dam Municipal Water District; 7) storage in San Vmcente Reservoir and paper transfer agreements with CWA and Helix between San Vincente and EI Capitan Reservoir; a cooperative agreement which could allow Otay Water to use Sweetwater Reservoir as an emergency lOurce of supply. Sweetwater Authority has prepared a report dated May 1989 outlining requirements and costs to accomplish such. Additionally, the two districts are continuing to explore development of a conjunctive use groundwater project In the Middle Sweetwater River Basin which could yield as much as 1000 acre feet per year of storage capacity for Otay Water. ' Otay Is presently updating lis District Master Plan which will Incorporate the above concepts of water storage and supply from neighboring districts, along with other proposed capital Improvements designed to meet the needs of projected local growth. A draft of that plan ahoulcl be available In summer 1994. . 12 Y ,2I)~'17 I (' ~\? 8) Regarding reclaimed water, Otay continues to pursue the development of reclaimed water facilities and piping networks in new developments, and supports the construction of the reclaimed water treatment plant proposed in the Otay River Valley. That plant was originally included as part of the Clean Water Program, and slated for start-up in 1998, although the City of San Diego has since indefinitely postponed work on all reclamation plants in the Clean Water Program. \he Otay Valley plant is a significant local facility in that it would provide reclaimed water for these newly built distribution facilities. Relatedly, Sweetwater Authority is not currently considering the use of reclaimed water due to the probability that it will not be available In the foreseeable future. However, they would support a treatment plant such as that proposed in the Otay Valley. The GMOC Is concemed with such a position in that the future reality of reclaimed water is largely contingent on the proactive efforts of concemed parties to make it a reality. Efforts are needed to establish and coordinate common goals and strategies among the two local districts and the City regarding the future of reclaimed water use. The IAWTF presents an excellent forum in which to accomplish such. Otay Water's 30 million gallon underground reservoir in Eastlake Greens is scheduled for completion in summer 1994. Regarding concems expressed last year over the location of proposed reservoirs within the City, the previously noted District Master Plan will serve to coordinate future siting. The need for such coordination Is necessary In order to resolve environmental concems, and to maximize the opportunity for other land uses which could be precluded by the reservoir facilities. The District has also drilled an approximately 900 foot deep exploratory well at the Eastlake Greens reservoir site. This well may produce about 50 gallons per minute. 10) Representatives of both Districts are continuing to meet with the City and other interested parties to address issues of joint concem through the IAWTF, including state-wide water matters which may Impact development within Chula Vista. 9) ""'" ......... As previously noted, despite these exemplary efforts of both water districts to ensure adequate water supply and delivery to meet the needs of short-tenn growth, and to reduce dependency on imported water supplies, Iong-tenn water supply for Chula Vista remains an issue which merits a Statement of Concem. Even with last year's pronounced end to the drought, the amount and reliability of imported water for Chula VIsta and Southem Califomla is still a problem given the tenuous nature of the Colorado River and State water ......... projects. In fact, early reports seem to Indicate that we may be entering another "droughf' year given less than average snowfall in the Sierra and southem Rocky Mountains, ~ YO-17 . ( coupled with decreasing allocations from ArIzona. Therefore, the GMOC recommends the following actions be taken relating to this issue: . That the City Council actively encourage and support, and accordingly allocate ." time to, effott8 Involving the development of php/cal and operational programs on the pIIrt of the CWA and both local Wllter districts which reduce dependance on Imported Wllter supply. Such current e"orts would Include: '. . Reldndllng support and planning 8Ctlv1ty for a s..water demlnerallutlon plant which would provide a 8fNdy alternate WIIter supply within San Diego County. . Direct that ." of the City Public Worlrs Department continue ava/uatlng the "'slblllty of Chu/a Vista and other Interested pIIrtJes financing, detllgnlng ,nd constructing the proposed reclamation plant In the Otay Rlver Valley which has been Indefinitely postponed undar the C/..n Water Program. This vn.1 plant would provide a steady supply of reclaimed Wllter for us. In landscape Irrigation and other appropIWte applications which reduce current potable Wllter use. . Refer to the IA WTF the matter of developing and coordinating common goals and snteg/es among the two Wllter districts and the City l'8flardlng the development of reclaimed Wllter, with a report beck to the GItfOC for consideration with the threshold review cycle commencing In October 1'94. . . Actively support development of local groundwater projects, such as that presently being proposed by the SWII8twater Authority within the Lower SWII8twater Valley, and others by Otay Water District. . Also of concem for the City of Chula Vista is the provision of water storage for emergency purposes. While positive activities were previously noted, both the County Water Authority as a whole and the OIay Water District are still lacking adequate emergency water storage facilities at this time. Of particular lsaue with the GMOC Ia OIay Water's present 1o-day emergency storage policy. That policy calla for 5 days to be achieved through cooperative arrangements with neighboring districts, and 5 days In covered reservoirs. It has come to the GMOC's attention that the 10 days ..sumes a maximum of 50% voluntary conservation by water users, and thereby etrectlvely results In the Dlatrict only planning for 2 peak days of new reservoir storage. The remainder of the 5 days results from the inclusion of operational storage as part of emergency storage. '1'he GMOC was not praviously aware of this, and believes others may not be as well. Although not water planning authorities, the GMOC Ia concerned In that we believe prudence would dictate 14~ ,;2bJ-Y7 ( "')' IX that a full 5 days of storage be planned, and not conservation down factored. In this way, _ should a major problem such as earthquake occur, the area could then sustain a longer ~ outage by applying conservation to take us beyond the 5 days. If the cost of new reservoirs is a significant force behind the District's present policy approach, then perhaps the District .may want to consider altering their present 5/5 policy to consider a greater emphasis on cooperative arrangements with neighboring districts. The GMOC recommends that the City Council take the following actions relating to emergency storage issues: . Refer to the IAWTF the matter of Otay Water DIstrict's p,..ent emergency aforage polley for eIIscuM/on and clarification. As part of that discussion, consider the benef1tsldetrlment. of altering the District's p,..ent polley decision to provide for only 2 days of new emergency storage In covered reservoirs as part of Its 10 day goal. . Request that the Otay Water District continue to worle closely with the City during the preparation of the District's p,..ent master plan update, particularly as It relates to the evaluation of future sites for proposed emergency storage reservoirs within the City's General Plan Area. . Urge the Otay Water District to actively s.. through to completion efforts to diversify Its storage and emergency supply options through the previously noted cooperative effom with other districts. . Continue to urge the County Water Authority to speed construction of emergency storage reservoirs In San Diego County. ~ While not a concem directed at supply or storage, last year the GMOC noted the City needs to increase coordination with the Sweetwater Authority regarding advance planning . of water facility upgrades to support rezonings and infill development, particularly in the northwestem quadrant of the City. Currently, many smaller developers and property owners are faced with insurmountable costs when informed by the District at the building permit review stage of the often substantial improvements necessary to replace existing small diameter cast iron pipes to meet the required fire flow demands. Better advance coordination would facilitate an applicant's understanding of improvement costs, and ways to address them early in the development review process. While the Authority notes communication has improved somewhat, the GMOC recommends: . That the City Council refer this matter to the Engineering, Planning, Rre, and Sullellng and Housing Depertmem. to ensure that a consistent proceu of early re,."., to SWHtwlIter Authority Is In place for proJecm which will Increase demands on water aupply Infrastructure In the northwestern quadrant of the City. ""'" 15 ,~ 02-tJ.-s1J . . a AIR QUALITY - THE GMOC FINDS THAT DESPITE ONGOING IMPRO~MENT OF THE REGION'S OVERALL A"'~IENT AIR QUALITY. THE REGIC>>J 'TILL DOES NOT MEET STATE AND EEDERAL STANQj.RDS FOR AIR QUALITY. AND RECOMMENDS THAT THE CITY COU~CII.ISSUE ASTATlMENT OF CONCERN TO THE AIR POLLUTION CONT&QI. DISTRICT. THE GMOC ALSO FINpS. BAaeD ON THE 8E.PEATED INl'UT OF THE APCD. THAT THE CITY'S PRESENT AIR QUALITY THRESHQLD STANDARD IS ~OT ENTIReLY FUNCTIONAL. AND RECOMMENDS THAT THE STANDARD BE BEVISED TO ACHIEVE BETl~R COORDINATION W1IH THJ: APCD AND SANDAG. . The Air Pollution Control Disbict (APCD) on~ again provided the GMOC with a voluminous and thorough written and oral reports. The materials consisted of a variety of handouts on pollution sources, violators and enforcement actions in Chula Vista during 1993, APCD's 1992 Annual Report on air quality and 1993 Scorecard. the APCD's 1993 Annual Progress Report on the Regional Air Quality Strategy (AQS), report on the change in smog designation for the San Diego Region. employer bip reduction regulation, January 1994 AlrNews publication, and a copy of AB2008 (Alpert) regarding smog check requirements for Mexican vehicles used in commuting to the San Diego area. The San Diego region again continued to experience improvement in overall air quality In 1993, primarily from industry controls (reducing stationary emissions from industrial and commercial sources), and engine technology (better motor vehicle pollution controls). Despite these Improvements, however, an acceptable level of air quality for the San Diego region has not yet been achieved. As the effect of industry controls and engine technology have virtually been exhausted, the APCD indicates that the most significant future air quality Improvements will result from programs addressing mobile sources (such as automobiles) through strong public transit and other efforts. As an illustration, the region's largest air quality problem continues to be too many vehicle trlpslmiles driven. The number of miles driven per year continues to grow at a rate almost double that of population growth, and motor vehicles account for about 80% of the region's smog-forming emissions. . As a yardstick of Improvement; the region exceeded the Stllte clean air standard for smog on only 90 days In 1893 compared to 97 days In 1892. WIth regard to Federal standards, which are less sbingent that StIlle smog standards, the region was in excess on 14 days in 1893 compared to 19 days in 1892. In terms of air pollution components, Stllte standards were met for carbon monoxide, nitrogen dioxide. sulfur dioxide and lead, but not for ozone or Inhalable particulates. All similar Federal standards were met, except for ozone. Unique meteorological conditions, such as EI Nino and the 1991 MI. Pinatubo eruption, appear to have had ~~ ,2,&<5"'/ , 10\\1' ~ less impact on air quality in 1993 than in the previous two years. It was also noted that Chula Vista continues to enjoy some of the best air quality of any area in the region, with State standards being exceeded on only 12 days in 1993. Several significant matters were addressed in APCD's materials regarding last year's Statement of Concem, and the current activities of APCD as they may affect the City in the future, as follows: 1) APCD is in process with both State and Federal EPA to achieve downgrading of the San Diego Region's smog classification from -severe" to -serious". If granted, the doWngrade would have a direct impact on local air quality programs, actually resulting in a lessening of some currently proposed requirements such as employer trip reduction under the Transportation Control Measures program. The proposed downgrade is based upon refined APCD analyses of the sources of regional air pollution which show that smog transported from Los Angeles was the cause for exceeding State standards on 51 (57%) of the 90 days the region was non-complying in 1993. This Influence from the Los Angeles area is significant, and although they are Implementing aggressive air quality programs, the APCD indicates that meteorologically, the Los Angeles area will always affect our region's air quality. Therefore, even though local contributors to air pollution may lessen, the region's air quality --., situation cannot be fully addressed without considerations toward import pollution from Los Angeles. 2) The APCD continues to develop and Implement programs to achieve provisions of the Regional Air Quality Strategy (AQS) adopted in June, 1992. The AQS contains several major Implementation measures developed in conjunction with SANDAG including the Transportation Control Measures Plan (TCM Plan), the Model Regional Transportation Demand Management Program (TOM Plan), and an Indirect source control program. The TCM and TOM Plans were adopted In May, 1991, and among other measures, will require businesses with 60 or more emplOyees (such as the City of Chula Vista) to boost the average vehicle ridership of their momlng commuters from a countywide average of 1.18 commuters per car to an average of 1.5 commuters Rer car by the year 2000, through use of a variety of Incentives and decentives. A draft of an Indirect Source Reduction Program will be ready for review by December 1994. That program will propose establishment of local regulations and conditions regarding the siting and approval of land uses which are traffic Intensive. 3) As part of the regional transportation planning efforts, the DMV has been collecting a $2.00 registration fee on motor vehicles with the proceeds ""'\ ~ .~ dtJ-5':I . . available to fund altemate transportation efforts. To date, the City has received approximately $270,000 to fund several projects Including electric vehicles, altemate fuels development and a telecenter. 4) Industry controls continue to be implemented including those for utility boilers which will atrect the South Bay Power Plant, a solar water heater program for new residential develQpment and retrofitting, and a small business assistance program to hel~ with the financial side of Installing air pollution control equipment and other aspects of complying with regulations. 5) The APCD continues to wol1t with SANDAG to Increase flexibility in the expenditure of federal transportation development monies allocated under the Intermodal Surface Transportation and Efficiency Act (ISTEA). 6) Previous efforts through the DMV to regulate Mexican vehicles did not wol1t. AS 2008 (Alpert) is now law and requires all Mexican vehicles used for commuting to wol1t in Califomia to meet state smog regulations. However, it is not currently being enforced, as implementation mechanisms are still being developed. Regarding the CEQA review process on individual development project proposals, the APCD has presently stopped commenting as a matter of available staffing, and in light of the fact that their comments have been largely ignored in the past. 7) 8) The APCD would be happy to wol1t with the City to revise the threshold standard so it Is worttable. The AQS Is based on SANDAG growth projections, and the threshold standard should recognize this. The GMOC also discussed the APCD's recommendation to change the threshold standard to coordinate review of the City's annual growth forecast with SANDAG's regional forecasts which are the basis for air quality planning. This Is the second consecutive year that the APCD has commented regarding their reliance (by law) on regional growth forecasts produced by SANDAG for the purposes of air quality planning and management. The present threshold stBndard requires APCD to review the City's 12-18 month growth forecast and provide comments regarding that forecasfs Impacts on current and future air quality management programs. Given APCD's reliance on SANDAG, they are not functionally able to perform that task. Therefore, the GMOC does not have before It Information sutliclent enough to form conclusions regarding compliance with that aspect of the threshold stBndard, and subsequently recommends: . . That the Air Quality thruhold "'ndard be revtaed fo achieve better coordInation with the APeD and SANDAG, and In implementing the provlalon. of the Regional Air Quality Sht~y (AQS). ~(),53 ~-':J .. - ~I , '} \'>1 J i Given the limited ability of the GMOC to focus on preparing such a revision during """ the short time we are annually convened to review thresholds, we also recommend: . That the City Council .uthorlz. the PI.nnlng Departm.nt to ....mbl. .nd facllltat. . T.sk Forc., consisting of on. or mo,. m.mbers of the GMOC, APCD, SANDAG .nd other City Department(s) .s deem.d .ppropriate, to develop . d,.tt ,.vls.d _ndard over the next four months for GMOC consld.ratlon with our next .nnu.' ,.vl.w comm.nclng In October, 1994. Toward assisting that Task Force. Itle draft revision should focus on establishing standards to measure local response on individual projects and other programs to ensure that the City is complying with regional requirements, and on imposing appropriate air quality mitigation measures on projects. Examples of the focus for such revisions include: 1. considering whether the, City's development policies and procedures relate to, and/or are consistent with Federal, State and Local air quality regulations and programs; 2. reviewing whether the City Is in compliance with relevant Federal, State and Local regulations regarding air quality; and conducting a review to determine If local development projects were conditioned by, and implemented, measures designed to foster air quality improvement. The GMOC would also like to emphasize the strong correlation between traffic flow and localized air quality deterioration ("hot spots"), and the need to focus on appropriate traffic control measures to reduce or eliminate this problem. Continued focus on transportation planning designed to foster the free flow of traffic Is a crucial means to avoiding traffic congestion and localized air quality problems. 3. ~ ~ ~ ;)(} / ft( . ( a . . 1I'~ES WHERE THR~SH9LDS ARE MET SCHOOLS . !HE GMOC FINDS. BA15ED ON THE CHULA VISTA ELEMENTARY SCHOOL A~D SWE~ATER UNION HIGH SCHOOL D~TRICTS' RESPONSES TO THE IeITY'S 12.18 MONTH GROWTH FORECAST. THAT THE SCHOOLS lltBESHOLD JTANDARD IS BEI~G MET. .. ~hula VIsta Elementarv School District Based upon the City's 12 to 18 month growth forecast, the Chula Vista Elementary School District has estimated that it will need to accommodate 25 new students west of 1-805, given tile 82 residential units forecast for completion there from July, 1993 through December, 1994. It should be noted that the 82 units reflects the high-end, or worst-case forecast for housing unit completions, and construction activity will likely be somewhat less given the continuing recession. Currently, most of the schools west of 1-805 are at or over capacity, ahhough some capacity does exist in certain schools at various grade levels. As of January, 1994, a total of 302 chilclren from around the District were being bused to relieve overcrowding. Of those children, 192 were from schools west of 1-805. VVhile additional growth will contribute to further exacerbation of this situation, the District has indicated that It can accommodate the projected new students whhin existing facilities. In addition to continued busing, the District can accommodate additional atudents by revising classroom space use. Such potential revisions include dismantling computer labs, relocating resource teachers, and reconfiguring classes (combination classes, pairing schools, etc.) Many schools have already taken such steps. It should be noted that several opportunities continue to exist for the possible expansion of existing schools in westem Chula Vista, particularly Vista Square and Rice which have adequate land to permit expansion, or Feaster School where additional adjacent vacant land could be acquired. Lack of funding, however, continues to be an obstacle to progress. East of 1-805, the District estimates It will need to accommodate approximately 506 new ltudenta, given the 1888 new residential units fl:)recast for completion there from July, 1993 through December, 1994. The majority of these units are in the Eastlake and Rancho Del Rey planned communities. The DIstrict Indicated that this estimated growth In school enrollments can be accommodated by existing schools and schools which are being planned and financed through the present five Mello-Roos Community Facilities Districts (CFD). Eastiake School Is currently using ~ _ ~()~S3 / ~J) relocatable classrooms to accommodate new students until the new elementary school in the EasUake Greens project opens. That school is tentatively scheduled to open In July, 1995, on a year-round single track calendar. Discovery School, located in Rancho Del Rey, opened on a year- round single-track schedule in July 1993. The District will continue to work with developers to establish additional CFD's to address future Impacts involving the Salt Creek Ranch, Otay Ranch and Rancho San Miguel projects. """" The District has previously raised, and continues to raise, the issue of additional indirect student generation from non-residential development. To this end, the District, Sweetwater Union High School District and the City are currently involved in a study of the Impacts various types of development, and demographic changes have on school facilities. The study is being conducted by SourceP.oint, the non-profit arm of the San Diego Association of Govemments. The results of that study, anticipated for completion by July, 1994, will be used as a basis for developing appropriate and equitable mitigation strategies. The report from the Chula Vista Elementary School District also provided thorough responses to each of last year's Statements of Concem, and described a number of activities the District is undertaking to keep abreast of changing conditions as follows: ........ 1) The District continues to be interested in expanding Feaster School through acquisition of the four acre parcel adjacent to the east which is for sale. However, as with the other noted candidate schools (Rice and Vista Square), financing is the impediment. For the Feaster site, financing only appears available through the imposition of mitigation on the proposed Baytront project. The District is concemed as it has not been advised of activity on the Baytront project for over a year. Whatever development eventually occurs there, it must be required to fully mitigate all impacts to school facilities. 2) To date, 24 schools have prepared growth plans, and all plans are reviewed annually. By next year all schools will have begun the process of developing or updating such plans. Several schools' plans contain a multi-track component to be analyzed when the school reaches 120% of capacity. While the District continues to evaluate multi-track as an enrollment management technique, there presently is still substantial opposition from parents and staff to multi-track scheduling. As previously mentioned, the District is Implementing other techniques designed to effectively accommodate existing and short-term (1-2 years) projected enrollment. .""", ~__ ;2j)-5? . ( 3) 4) . 5) . Additionally, new legislation to revamp the State's School Construction Program is being sponsored by Assemblywoman Eastin. Part of that legislation calls for elimination of the multi-track scheduling incentive now used in calculating district eligibility for State funds. If successful, the District's eligibility for construction funding would increase. The District's decision. to purchase rather than lease its 95 relocatable classrooms was made years ago, and has proven to be financially sound. Effective January 1, 1994, relocatable classrooms that were owned for at least 20 years no longer count In the State's eligibility program for construction funding. Of the District's relocatable classrooms, 67 are older than 20 years, and state funding eligibility should thereby increase by 2,010 students. Proposition 170, which would have reduced the required vote for general obligation bonds to a simple majority, failed in November 1993. Similar legislation has been introduced this year. To date, the District has not been successful in obtaining full mitigation of all project's schoollmpacls in westem Chula Vista, even for those requiring legislative acls such as general plan amendments and/or rezonings. The District hopes the City will assist in achieving the goal of full mitigation on all projecls, as endorsed by the City Council through GMOC Statements of Concem issued to the District for the past three years. 6) The joint School Enrollment Impact Mitigation Study with SourcePoint is progressing, and should be completed by July, 1994. The resulting data should be extremely useful to the districls and the City in projecting school facility needs baaed on projected residential and non-residential development, and demographic changes. Having Identified these Impacls, potential methods for mitigation will subsequently be analyzed and a proposal prepared for City CounciVschool board consideration. 7) Full mitigation of schoollmpacls (both residential and nOlHUidential) from the Bayfront Project is critical to the overcrowding altuation In westem Chula Vista. The District appreciates the City's a..istance In assuring that full mitigation will be provided, and requests the mitigation be structured to expand existing school sites In westem Chula Vista, preferably Feaster School, to aOCOI...lOdate children from the Bayfront project. The District continues, with a variety of ongoing activities, to plan proactively for growth and Improvement of school facilities. Such I 8) ~ - ..UJ-5? ~'l-3 activities include development tracking and phasing monitoring, conducting school growth planning studies, boundary/attendance area adjustments, residency verification, requests for City assistance, responses to notices of proposed development, participation in the State Modemization Program, and utilization of COBG funding for playground improvements. \lVhile the GMOC found the District in compliance with short-range threshold standard requirements, we remained concemed over the continued provision of adequate school facilities to meet the needs of future students, and recommend that the City Council and the school district take the following actions to address longer-term threshold compliance: . As the overcrowding altuatlon has not changed, assist the School District In adopting and Implementing expansion of schools In westem Chu/a Vista, particularly Vista Square, Rice, and Feaster Schools. . Urge the School District to continue to actively explore means to alleviate school overcrowding through Innovative scheduling methods and techniques. The School District acknOwledges that much of the overcrowding problem In westem Chu/a Vista schools would be relieved by implementing a multi-track year- . round schedule for schools, but such a solution has not been pursued by the School Board at this time because studies Indicate It is not supported by the community. . Deny applications to rezone any property In westem Chu/a Vista which would Increase alloweble density or intensity of use unless no aggravation of existing threshold standards related to schools will result due to full, adequate and equlteble mitigation. The City should s..k achievement of full mitigation In the long- term for all intlll development In the westam portion of the City, regardless of whether rezonings or other legislative acts are Involved. . Continue to support timely completion of the cooperative study underway batMen the City, the DIstrict, Sweetwater Union High School District and SourcePolnt to identify the Impacts of new residential and non-tMldentJal development, and demography upon City schools. ....ed upon the study's ....ults, direct that staff expedite development of proposed mitigation .6.tegl.. for consideration and adoption by the City Council and both school boards. ~-~~5'i!' . ~ "'" \ """ . Through flnn condItJons of approval ..rly In the process, requIre full mitigation of school Impacts from both ruldentlal and non. resIdential development In the Seyfront project, and recommend to the school district that thIs mitigation m..sure be Implemented by upending existing schools In the northwest quadrent of Chu/a w.te. ReInforce this condit/on by requlrlng that any Disposition and Development Agreement for the project ensure full mitigation of all school Impacts. . In addition to the Bsyfront project, the GIIOC recommends that school enrollment Impacts resulting from e/l non-resldentlal development be fully mitigated to the mutual sstJsfection of the City and elementary school district The previously mentioned }oint enrollment Impact study beIng conducted by SourcePolnt will provide e bes/s from which equIYble epproeche. to mitigating non-res/dentJel de~opment Impacts csn be devised. . . The District also drew specific attention to llChools planned for the Baldwin Company's Salt Creek Ranch project and adjacent Salt Creek I project. Presently, there are no schools to serve either project, although the Salt Creek I project is already under construction. Pursuant to adopted facilities plans, students from Salt Creek I, along with those from Salt Creek Ranch are to attend schools to be located in Salt Creek Ranch. In July, 1993, Community Facilities District (CFD) proceedings were formally abandoned by the developer who has yet to resume planning activities with the District. In the interim, Salt Creek I students are attending other area schools which are already Impacted. It takes some time to form a new CFD and to generate adequate revenue to finance construction of a new llChool. If mitigation is to be in the form of a CFD, it is ....ntial that formation occur well in advance (2-3 years) to assure facilities will be available when children begin to arrive. Presently, several Final Subdivision Maps for the Salt Creek Ranch project are before the City for review and approval, and the GMOC understands processing has been inactive since approximately August, 1993. In order to avoid further exacerbation of overcrowding at other area llChools, It Is imperative that the developer resume discussions with the District. Therefore, the GMOC also recommends: . That the City encourege the Salt Creek Rench developer to resume negotiations with the District, end withhold further processing of final lit"". for the S111t Creek Ranch project until such lime.. the school dlstrlct noIIfIes the CIty thet they have INched understanding with that developer .. to the method{s) end 1I11tlng for the pIOVIsIon of pIsnnad schools. . ~- ,2tJ -PI / 1J.p ......... IL. Sweetwater Union Hlah School District The Sweetwater Union High School District reported an enrollment of 28,818 students throughout the district, a 70 student (0.2%) increase over 1992 enrollment. 14,452 of these students, or 50.5% of the total, attend the five high schools and four junior high schools In Chula VISta. As a comparison, enrollment in Chula Vista schools grew by 343 students over that in 1992, while the overall District grew by only 70 students. This reflects the drop in enrollment at several schools'throughout the District. Overall, however, the District Is still operating above capacity, including relocatable classroom space. Presently, four of the five high schools serving Chula Vista are between 113% and 115% of capacity, while the junior high/middle schools are between 74% and 100%. Eastlake High School (the fifth high school) is not included In these figures as It is still in the final phases of construction. Approximately 1100 students currently attend school there in the phase I portion of construction which was completed in September, 1992. Upon completion of phase II in Fall, 1994, the school's capacity will be increased to 2400 students. This could help reduce present overcrowding levels at the other area high schools. Given the 12-18 month forecast provided by the Chula Vista Planning Department, the District projects an increase of 514 students in Chula Vista Junior High and High Schools in the 1994-95 school year. This increase, which is based on worst-case growth of 1770 dwelling units between July, 1993 and December, 1994, is generally consistent with previous years, which have averaged approximately 500 new students per year. The majority of this growth will come from the Eastlake and Rancho Del Rey communities. Most of the junior high/middle school grade levels will not be significantly Impacted, however, all high schools, with the exception of Eastlake, will continue to be overcrowded. ......... The report from the Sweetwater Union High School District also provided responses to last year's Statement of Concem, and described other activities the district Is undertaking to address school planning and construction as follows: 1) The District presently focuses on site based management techniques to alleviate overcrowding, whereby each school principal Is annually provided with estimated enrollment projections which are used to develop the master schedule and room utilization plans. Additionally, attendance boundary adjustments have successfully been used to reduce enrollment pressures at specific school sites. The institution of multi-track scheduling at the secondary school level presents a complexity of problems which make It difficult to implement. ......... ~ ~t?-~O . . . 2) Proposition 170, which would have reduced the required vote for general obligation bonds to a simple majority, failed In November 1993. Similar legislation has been introduced this year. 3) The District has consistently requested full mitigation of residential project school impacts where legislative acts are Involved, and the City has complied where appropriate. Regarding impacts from non- residential development, the District, the City and the Chula Vista Elementary .,school . District are conducting a study through SourcePoint on the impacts of new development and demographic changes upon school enrollment. The study should be complete by July, 1994. The issue of proposed developments'lmpacts remains of concem to the District, and the City's continuing support is appreciated. The previously noted joint study between the City and both school districts being conducted by SourCePoint will provide a direct basis for developing appropriate mitigation mechanisms. Although a mitigation strategy has been developed for the Bayfront project, It has yet to be solidified and implemented. This is still a concem of the District. 4) 5) In the Fall of 1993, the San Diego City Council lifted the development moratorium on Otay Mesa. The District can now proceed with final school planning activities. The District has tentatively targeted September, 1999 as the opening date for the high school to be located near Dillon Trail and 1-905. . 6) The Eastlake High School library joint-use agreement is In place, and the community has access to the library during non-school hours. The City hires students as shelvers, and two positions have been funded for this year. 7) In August, 1992 the District received unfunded approval from the State for the Rancho Del Rey and Eastlake Middle Schools. The District's 50% funding match from Eastem Territories Mello-Roos fees Increased the schools' statewide priority to receive funding. Architectural finns have recently been solicited for proposals for the design and engineering of the Rancho Del Rey Middle School, and selection should occur In the very near future. The school is projected for opening in 1997. The District continues to establish MeUo-Roos Facility Financing Distrlcls for new development In the Eastem Territories, to participate In the state Iease-purchase program for new schools, to conduct 8) ~ ..20~t:,./ , .~ \,/1 .h.f' .' ongoing review and adjustment of attendance boundaries, and to perform residency verification. 9) The District is continuing its cooperation and preplanning review with the City of all development proposals, General Plan amendments and rezonings. """\ While the GMOC found the District in compliance with short-range threshold standard requirements, we remained concemed over the continued provision of adequate school facilities to meet the needs of future students, and recommend that the City Council and the school district take the following actions to address longer-term threshold compliance: . Urge the School DI.trlct to continue to actlv.'y explore m.an. to allevlat. school ov.rcrowdlng through Innovatlv. scheduling m.thod. and technlqu.s. . D.ny applic.tlons to rezone .ny property In W.stem Chul. Vista which would Incre... .1I0wabl. den.ity or 'nt.n.'ty of use unl.ss no .ggrav.tlon of existing threshold sand.rds related to schools will result due to full, .dequ.t. .nd eqult.bl. mltlg.tion. Achiev.ment of full mltlg.tlon In the long-term for all Inflll development In we.tem Chul. Vista should be sought, regardless of wh.ther rezonlngs or oth.r legls/.tlve .cts .re Involved. ""'" . Continue to support tlm.'y completion of the cooperative study underway between the City, the District, Chul. V1st. Element.ry School District and SourcePolnt to identify the Impacts of new residential .nd non-resldentl.1 developm.nt, and demogr.phy upon City .choo/s. Based upon the study's results, direct that staff exp.dlte dev./opment of propos.d mltlg.tlon strat.gles for consideration .nd .doptlon by the City Council .nd both school boards. . Through firm conditions of approval ..rly In the process, require full mltlg.tlon of school Impacts from both res/dentl.1 and non. ,..,dentl., development In the Bayfront project, .nd recommend, bas.d on the DIstrict's Input, th.t this mitigation measure be Impl.m.nted by expanding existing schools In wutem Chula Vista. R.lnforce this condition by requiring that any Disposition and Development Agreement for the project ensure full mitigation of .11 school Impacts. In addition to the S.yfront proJ.ct, the GMOC recommend. that school enrollment Impacts resulting from all non-res/dentl.1 . ""'\ ~ ~t/,j,;L . ~ development be fully mltlgeted Co the mutuel aatlmctlon of the City and high school district. The pNVIously mentioned }oint enrollment Impact study being conducted by SourcePolnt will provide a be.,. from which equlteble epproechea Co mitigating non-rNIdentlal development Impact. an be devised. Similar to the elementary lChool district, the high school district is also concerned with the present "status of lChool Implementation for the Salt Creek I and Salt Creek Ranch developments. Consistent with the discussion on page 24 of this report, the GMOC, therefore also recommends: . That the City encourage the Salt CNeIr "-nch developer Co tuume negotiation. with the DI.trlct, and withhold further proceaalng of final mapa for the Salt Creek "-nch project until such time a. the school district notlflN the City that they hsve ruched understanding with that developer a. Co the method{.) and timing for the provl.'on of planned school.. . a LIBRARIES . THE GMOC FINDS THAT THE CITY IS IN COMPUANCE WITH lltE UBRARY IHRESHOLD STANDARD. BASED ON THE AtrrlCIPATED COMPLETION OF THE SOVTH CHULA VISTA UBRARY It!I D~CEMBER. 1894. The threshold standard for libraries requires that 500 aquare feet of library space (adequately equipped and staffed) be provfcled per uch 1,000 population. Based on an estimated City population of 147,293 as of June 1, 1993, a total of 73,647 aquare feet of library space is required. Currently 67,329 aquare feet Is provided through the Chula Vista Public Library at 365 oF" Street with 55,000 aquare feet, the Eastlake Library at 1120 Eastlake Parkway with 10,000 aquare feet, and a combined 2,329 square feet in two small branches, Castle ParklOtay and Woodlawn Park. This results in a present shortage of 6,318 aquare feet of library space under the threshold standard. Both the library threshold and the J..lbrarv Master Plan of mz recommend that the City supplement the main library at 365 wF" Street by providing new library facilities In the uch of the major community arus defined in the City General Plan Including MonfgomerylOtay, Sv:eetwater/Bonlta and the Eastern Territories. . In accordance with that master ptan, the 10,000 aquare foot library In conjunction with Eastlake High School opened In 1993, and the 37,000 aquare foot South Chuta Vista Library Is scheduled to open In December, 1994. WIth the opening of the South Chula Vista Library, the City will surpass the threshold requirement by over 28,000 aquare feet, based on a projected City population of approximately 148,730 at the end of 1994. This fOrthcoming compliance is consistent with the threshold standard which requires that solutions to deficiencies be commenced within three ~- ~t7-~;J / ~, J' ~ years of their identification. Furthermore, even when considering a projected City population of 175,766 in the year 2000, the City will still exceed the threshold requirement by .pproximately 14.700 Iquare feet based on construction of the South Chula Vista Library. Regarding the recently opened Eastlake Library. the GMOC expresses Its .ppreci.tion for the City's efforts in completing this unique joint-use .rrangement which has also afforded students a work experience opportunity. Continuing in that spirit. the GMOC recommends: . That the City and the SMI8twater Union High School DIn1ct explore opt/ons to write a grant for library funding to capitalize on the unique East/ake High School library Joint-use arrangement. During this year's review, the GMOC became aware of the significant changes being brought about in the present and future delivery of library services through the use of technology. As an example, such technology will eventually enable citizens to access books and other media through . home computer without having to actually make a trip to the library. According to staff. currently contemplated technology has the potential to bring about profound effects. In view of the present threshold provision of .....dequately equipped .nd staffed facility..... the GMOC _ concluded that such technological developments may affect future interpretation of ' threshold standard. and therefore .Iso recommends: . That the City Council direct the Ubrary Board of TlVateN and City staff to review the Ubrary threshold standard for possible changes, with a report to be forwarded to the GMOC for conslderat/on with next year's review cycle commencing In October, 1914. The review" Intended to take Into account slgnlflcant technologIcal changes In the area of library services. The City has .Iso previously been allocated $200.000 in Capital Improvement Program funds for .rchitectural services for a 29.000 Iquare foot library to be located at the comer of East .H. Street .nd Paseo Ranchero in the SweetwaterlBonlta Community Area. This project will be funded by Development Impact Fees. .nd Its timing will be dependant on the collection of fees to cover the estimated $9.5 million needed to construct. furnish .nd equip the facility. Although not the oflicial n.me. this library is referred to as the Rancho Del Rey library. ""'\ ~ 2o~~f , . . . a '~R . THE GMOC FINDS THAT THE CITY IS IN COMPLIANCE WITH THE SEWER ItIRI;SHOLD STANDARD ON BOTH A PROJECT AND CI,!MVLATIVE BASIS. There were no significant instances of the threshold standard for sanitary lewers being exceeded as a result of new Srowth during the reporting period. City design standards for sewers limit the flow In sewers up to 12" in diameter to 50% full, and to 75% full for sewers larger than 12". The City has also allowed flow up to 75% full in S", 10", and 12" diameter sewers If it can be shown that ultimate development has already occurred In the area lerved by that sewer. The Engineering Departmenfs report outlined leveral significant activities either recently completed, or underway, to address the provision of adequate sewer facilities and maintenance of threshold compliance: , The Telegraph Canyon Sewer Basin Improvement and Financing Plan, prepared by Willdan Associates, was completed In 1992. In October, 1992, the City Council approved the Plan and established a Sewer Development Impact Fee for new construction in the Telegraph Canyon Sewer Basin to proportionately share the cost of upgrading the system. An amendlld plan Incorporating out-of-basin pumped flows from the Eastlake and Salt Creek Ranch developments, and additional projected flows from the Kaiser Hospital and Medical Center was completed in June, 1993. Council accepted this amended plan on March 15,1994, and adopted a fee of $560 per equivalent dwelling unit (EDU) for out-of-basin pumped flows. 2) The Proctor Valley Sewer was constructed In 1992 to IeM the Salt Creek I, Salt Creek Ranch, Rancho San Miguel and Bonita Meadows developments as well as other adjacent parcels. The sewer connects to the County's Frisbee Trunk, for which a trunk sewer usage agreement Is currently being prepared with the County. 1) 3) A lewer analysis has been performed for the Salt Creek Sewer Basin. The planned line will lerve the Salt Creek Ranch, Eastlake, Hidden Valley Estates (in the unincorporated area ..st of Mt. Miguel), and Otay Ranch developments. Recommended Improvements and a financing plan are expected to be preeented to the City Council for approval In m1c1-1994. , The parallel sewer along Industrial Blvd. has been completed, and should alleviate prior capacity problems In this area, and the expecI8d Impacts from the Palomar Trolley Center development In the sewer line In Industrial Blvd. between Palomar St. and Anita St. Ongoing monitoring Is occulTing, and it Is anticipated thet a parallel eewer south of Main St. will eventually be needed. 4) ~~ ;It) -~~ , .;\ IA~ 5) The City's flow monitoring program has identified several problem sites, including the Palm Canyon area where a parallel sewer is scheduled for construction in 1994. Additional portable monitoring equipment is proposed for acquisition in FY 1995 to improve accuracy and to expand the metering program. """'" 6) The City's sewer TV inspection crew continues to monitor problem sites in order to determine If the condition of the sewer Ones has affected the flow Phase IV of the program provided for rehabilitation of 1506 lineal feet, ,and replacement of 389 lineal feet of sewer mains in 1993. An additional 41,793 lineal feet were televised durlog 1993 for Phase V of the program which will rehabilitate another 1!51 lineal feet, and replace another 240 lineal feet in 1994. 7) All new developments must address the adequacy of sewers to serve their needs. Remedial actions are required ",here necessary to accommodate added flows. Sites identified through the above methods may be considered for inclusion in the Capital Improvement Program or the Sewer Rehabilitation Program. New developments will be required to pay a proportionate share for the construction of needed new sewers. Toward assuring that adequate sewers are provided as the City continues to grow, """'\ the GMOC again expresses its concem regarding the potential impacts of development in eastem Chula Vista on sewer facilities in older westem Chula Vista. The GMOC therefore recommends: . That the City continue to closely monitor the timely funding and phasing of necessary upgrades and ,..",acementa of the .ewer .ystem to avoid negative Impacts from development In Hstem Chu/a Vista upon western Chu/a Vista. San Dieao MetroDolitan Sewer AuthoritvlSan Dieao Area Wastewater ManIJaement District At present, the City's total daily wastewater flow Into the Metropolitan Sewage System (Metro) is approximately 10.987 million gallons per day (mgd), well within our current contract capacity of 19.2 mgd. This Includes 8.749 mgd of metered flows discharged direcUy to the Metro sewer line, and 2.229 mgd of metered and non-metered flows discharged through the Spring Valley Sewer outfall. Annual wastewater flows have changed at a rate much less than predicted due primarily to the recent building slowdown and water conservation efforts. In comparison to last year, it appears that total daily flows have actually decreased by 0.501 mgd. The City has verified adequate capacity In the Metro system to serve growth for the '""""'\ ~ c2 0 -- t?t/. . coming year, and based on current projections, the 8.222 mgd of remaining contract capacity beyond current flows should serve the City until approximately 2010. However, the San Diego Wastewater Management District (SDAVVMD) took effect on January 1, 1993. Under the SDAVVMD, capacity rights may not be treated in the same manner as they have under Metro. The SDAVVMD effectively replaces Metro, and includes representatives from most Metro agencies. It will manage construction and operation of Metro and Cleah Water Program sewage transportation and treatment facilities. Member agencies may presently withdraw from the SDAVVMD until June 30, 1994, without obligation to pay a proportionate share of the District's debts outstanding at the time of detatchmenl The City has retained a team of technical, financial and legal consultants to develop a policy regarding membership in the SDAVVMD, and discussions are ongoing in this regard. In order to assure that adequate ..wer capacity will be available to meet the needs of local growth, regardless of the entity the City deals with, the GMOC recommends: . That the City continue to retain the fNm of Nchn/ca/, tlnanc/al and legal consuIYnfs to develop a recommendation regarding the City's ongoing membership In the San Diego Area Wastewater "anagement District (SDAWMD). This recommendation Is besad upon the uncertainty which exists regarding the ability and costs of receiving adequate future sewerage treatment capacity and services through the SDA WMD. As also discussed in the water section of this report, the proposed 6 mgd Otay Valley Water Reclamation Plant proposed as part of the Clean Water Program and scheduled for start-up in 1998, has been indefinitely postponed by the City of San Diego. At present, however, It appears that the SDAVVMD may be willing to consider construction of this facility. Other South Bay cities have also recently expressed some interest. As the timing of construction will be a consideration in the development of the southem and eastem portions of Chula VISta, the GMOC continues to feel it is critical to recommend: . . That City .,." be directed to continue eveluatlng the possibility for Chu/a Vista, a combination of South Bay cities, and/or the SDAWMD to finance, design and COMfrUct a local water reclamation plant In the South Bay, such .. the Otay Valley Plant originally proposed through the Clean Water A~. . ~ ~tJ-~? ( .,{," l~' :I ~ "" , '"""\. a DRAINAGE. tHE GMOC FINDS THAT THE CITY IS IN COMPLIANCE WITH THE DRAINAGE THRESHOLD STANDARD ON BOTH A PROJECT AND CUMULATIVE BASIS. During the review period, no major problems conceming the threshold standard for drainage can be directly attributed to new growth In the City. One reason for this Is that developers have constructed detention basins so that downstream flows are not increased. Each new subdivision is required to construct all drainage facilities to handle storms of a 10 to 100 year magnitude, depending on the facility and size of the drainage basin. The Environmental Impact Report for each development must address any possible drainage problems either on-slte or off-site. The developer is required to implement mitigation measures, If necessary. It is the GMOC's understanding, however, that at present, the Engineering Department is unable to present quantifiable datalevidence that new growth in eastem Chula Vista is not negatively lmpacting older facilities in westem Chula Vista. Based on the GMOC's previously expressed concems in this 'regard, and the need to definitively resolve whether such conditions exists, the GMOC recommends: . Th.t the Engineering Department develop a monitoring system which will: (1) identify wh.t current drainage flows (volumes) exist from are.s e.st of 1-105 to western Chu/a Vlst., and '"""'\ (2) monitor flows from the umelocations at periodic Interv.ls to Identify If, over time, any Increases In flow h.ve been experienced due to new development Such monitoring ,. nec....ry In order to facilitate the Commission's future ability to Imow If new growth In eastern Chul. Vista Is neg.tlvely Impecting facilities In WNfem Chul. Vlst., and to enable specific recommendations to be m.de to the City Council In these regards. In addition to the construction of drainage facilities, developers must now obtain a National Pollution Discharge Elimination System Construction Activity permit for each grading operation affecting an area of five acres or more. This permit program requires a Stormwater Pollution Prevention Plan which is specifically develOped for each construction site In order to prevent pollutants from reaching drainageways. These permits are issued by the State Water Resources Control Board, the Regional Water Quality Control Board, and the City. Developers will be required to dedicate land and construct facilities necessary to aerve their proposed developments. Facilities benefiting an extensive area with muitiple owners may be financed through assessment districts. """\ ~ d-{)~i-~ . . ( In general, the City experienced fewer drainage problems and flooding In 1993 than in 1992. In addition to less rainfall, this Is also attributable to the fact that the long duration storms of January 1993 primarily impacted the larger, regional drainage facilities, not the smaller localized drainage facilities. The Engineering Department cited a number of activities undertaken by the City and private developers in 1992 and 1993 which have reduced the potential for flooding and hazards in both the newer and older areas of the City. ~ 1) Ordinance ~384 established an Impact fee for new development In the Telegraph Canyon Creek Drainage Basin to fund Improvements to the Telegraph Canyon Creek east and west of 1-805. Improvements east of 1_ 805 have been completed. Interim Improvements to the channel between Hilltop Park and Fourth Ave. were completed at the end of 1993, and consisted of gunlting the most eroded ..ctions of the creek. Permanent improvement of this segment of the channel will be funded and completed over the next 5 to 10 years as development in the Otay Ranch occurs. Additional interim facilities may be required during this time. 2) Four drainage projects were completed under the CIP at an approximate cost of $1,230,000, to correct some outstanding deficiencies in the City's older areas. These include: Sierra Way between Broadway and Colorado Av.; Oxford St. between Second Av. and Del Mar Av.; Guatay Channel north of Naples St. near Hilltop Dr.; and Crested Butte St. between Broadway and Welton St. . 3) A major upgrade in the lower section of the Central Drainage Basin west of Broadway and south of "G" St. Is currently under construction at an approximate cost of $1,500,000. An additional 66 Inch pipe was included from "L" St. to Naples St. as part of the Broadway reconstruction project. That facility will help in the alleviation of flooding in the vicinity of Woodlawn Av. and Moss St. . 4) Repair has been approved, and funding partially obtained, for the erosion, siltation and other damage caused to the City's major rivers and creeks as a result of the January 1993 storms. Most notable among these Is loss of the Otay Valley Rd. bridge crossing the Otay River. Despite the.. many etrorta, the GMOC remains concerned over needed, but unfunded drainage improvements throughout westem Chula VIsta. In May 1992, the City Council accepted an engineering Department I8poI't which Includes proposals for construction of drainage facilities to correct deficiencies, and establishes a priority list of needed drainage Improvement projects. That list contained a total of 84 needed but currently unfunded Improvements with an approximated coat of $23.025,000. Considering an inftation rate of 4% per year, funding of $1,895,000 per year for 20 years would be neceaaary to complete the projects. In conjunction with this year's threshold report, the Engineering ~ ~I/'-/;J '" , , ~"? . ......... Department presented a select list of the top 15 priority projects, totaling $6,920,100, and reflecting necessary new budget appropriations through FY 1999- 2000 to accomplish them. Therefore, the GMOC recommends: . That the City Council accept and endorse the top 15 priority projects list of needed drainage Improvements In wutem Chu/a Vista, and worlc toward appropriating funding for them as soon as possible. In order to ensure that the remaining 60 or so needed but unfunded drainage projects from the May 1992 report also get constructed in a timely manner, the GMOC further recommends: . That the Engineering Department be directed to prepare a subsequent priority list, along with Identification of potential funding sources, from among the approximately .0 remaining Identified projects, to be used for future Capital Improvement Program (CIP) considerations. a FISCAL - ltiE GMOC FINDS THAT tHE CITY IS IN COMPLIANCE WITH THE FISCAL THRESHOLD STANDARD ON BOTH A CUMULATIVE AND PROJECT BASIS. NEW GROWTH HAS GENERALLY PRODUCED SUFFICIENT REVENUES TO fUND CURRENT. RELATED FACILITIES AND SERVICES. """ The Fiscal threshold standard addresses the impacts of growth on the City's fiscal well being, particularly the collection and expenditure of impact fees from new 'development. The Fiscal threshold calls for the preparation of a report to the GMOC which evaluates the fiscal Impacts of growth on operations and capital improvements over both the previous 12 months, and the coming 12-18 month period, including an analysis of development impact fee collection and expenditure over the previous 12-month period. A report prepared by the City's Interim Finance Administrator indicated that the City's Development Impact Fee (DIF) Programs for Public Facilities, Transportation and Drainage are In sound financial shape, and the programs are generally working as planned. According to the report, the DIF's. along with the various special assessment and financing districts required of major new developments, appear to be generating sufficient revenue to fund current projects and services. This Is true despite the lingering recession, lince under the DIF's, the need for most fBcilities Is triggered when development reaches a certain number of units or level of traffic generation. If development slows, then the need for a fBcility Is delayed, and -...... conversely if development accelerates. In addition. some developers elect to fund and construct fBcilities In advance. and are given a credit against DIF payments. ~ c20-7V . Most of the major master planned projects have prepared Fiscal Impact Analyses to address creation of a positive revenue picture, an4 which must be periodically lipdated to reflect actual conditions and occurrences. In addition, under the Growth Management Program, all major projects are required to prepare Public Facilities Phasing and Financing Plans (PFFP) to ensure the timely provision of needed facilities and services consistent with the threshold standards. i In summary, the following FY 1992-93 major DIF activities were outlined in the report: - 1) Completion of Phase III of the Telegraph Canyon Rd. 1000y Lakes Rd. widening and improvement project under the Transportation DIF. In addition, the City recently approved an update to the Transportation DIF based on the January 1994 Trans DIF update study, and enacted an additional fee related to funding the pre-interim SR125 roadway facility to become effective January 1, 1995. r Under the Administration and Civic Center Expansion portions of the Public Facilities DIF, relocation of some City ollices to the EI Dorado Building was completed ($44,000), and efforts are currently underway to purchase property on "F" St. for the Civic Center Parking Expansion Project. 2) . 3) 4) . A $1.4 million dollar "loan" from the General Fund for the police building expansion will be repaid from the Police Facility portion of the Public Facilities DIF in FY 1993-94. A $110,000 debt service payment was made on the Library Automation Project. DIF funds will also be used, in FY's 1993-94 and 1994-95 toward construction of the South Chula VISta Library. The City's fire training facility in Rancho Del Rey was completed ($146,000), as well as Interim Fire Station tEl in Eastlake. That station was constructed by Eastlake Development who will receive future DIF credits. Installation of the City's Geographic Infonnation System (GIS) continued ($78,000), and debt service payment was made on the Mainframe Computer Expansion project ($42,000). Installation of a voice mall processing system for the City was also completed ($93,000). 7) On April 20, 1993, the City completed its 1993 update of the Public Facilities OIF, keeping the fee for residential land uses at $2,150 per dwelling unit, and reducing the commerciallindustrlal fee to $10,750 per acre. An annual DIF funds financial report is prepared to review the funding status of each DIF and its projects, and to update the associated costa for these and any 5) 6) ~- ;2.0'-7/ "c , 'J, lAd , """"" new facilities necessary to support future development. The reports analyze the apportionment of costs to projected development in order to adjust the OIF's to be applied to new development. The GMOC Is Impressed by the ongoing sophistication of the overall Development Impact Fee (OIF) program, and Its periodic updates, to ensure funds are available commensurate with facility and service needs. However, in order to further enhance the process to address continued facility planning success in what has become an increasingly complex financial environment, the GMOC recommends: . That the annual review/update efforts performed for Nch of the OIF's be expanded to also Include a 5-y..r projection of needs/revenues, besed on the PlannIng Department'. 5-7 year growth foreca.t, to ensure auffic/ent lead times utat to eddlU$ any Identified lasUN before they become a problem. The addition of auch an advance plannIng I'8qu/rement Is also envi.loned as aIding the management of the OIF funds, particularly where Interlm loans between the OIF'. are being made or considered. Regarding overall fiscal health. the State's continued budget balancing activities again impacted the City. $1.5 million dollars of the City' $51 millon dollar FY 1992- 93 budget was lost due to State cuts. The State's transfer of property tax increment to school districts impacted the City's Redevelopment Agency by an additional '1 $652.655. Beyond State reductions, the City also experienced reduced General Fund revenues from the prolonged recession. Sales tax revenue actually dropped by 1% ($205.610) from FY 1991-92 levels, when in non-recessionary times it generally increases between 4% and 8% annually. License and permit revenues were only about 40% of normal. totalling $1,700.696 in FY 1992-93. Fees for services including zoning. plan checking, subdivisions and inspections were down $32,000 over last year. In spite of the above, the City was able to end FY 1992-93 with a General Fund balance of $8,337,802. which would be considered healthy under normal circumstances. Given the continuing recession, however, and the likelihood of further budget deficit ilS$ues at the State level, there will be continuing pressure on the City administration and staff to develop creative techniques to avoid large-scale budget cuts and the related deterioration of service which has been experienced in many cities throughout the State over the last 2-3 years. Part of Chula VIsta's good fortune has resulted from the use of .one-time. revenues as budget ofISets. Those one time offsets totaled $2,699,000 for FY 1992-93. These one time revenues, however, will not always be available to combat continuing fiscal Issues. The GMOC Is concemed that continued dependance on one-time revenues to balance the City's budget, could lead to relatively harsh cuts in stafling and/or services when those revenues are no longer available. In such a scenario, the GMOC envisions the potential for implications to threshold standard maintenance as stafling and or services must be cut, and therefore recommends: """ ~/ ;2[)~7J-- . ( . That the Finance Department be directed to ",.".,. a report which .",,'uate. the current practice of alng on.tlme ,.vanUN to be/ance the City' a budget, and ldentlfle. the potential ahorl-range Impacts to "",/ce. auch a. police, tI,. end parlea, "auch ,.""nUN a,. not available and the current economic climate and Stete cuts WIt,. to continue for another 2 to 3 run. Such a report ,. necNN'Y for the GMOC to detennlne "futu,. threahold cona."uenCN could ,.ault from tlacal condition., and ahould be available for cone/deratlon during the next review cycle commencIng In October, 1'1U. a TRAFFIC. THE G~OC FI~DS THAT THE CITY IS IN COMPUANCE Y(I'[tf 1t:I~ TRAFfiC Il::IRESHOLD STANDARD ON BOTH A CUMULATIVE AND PROJECT JASIS. .ttOWEVER. THE GMOC HAS IDENTIFIED FIVE LOCAtlO"S WHERE POTENTIi'LL Y SERIOUS THRESHOLD COMPl..lANltE PROBLEMS COULD OCCUR WITHIN THE NEXT FIVE TO TEN YEARS. . As amended In 1991, the threshold for traffic requires that Level-of-5ervice (LOS) -C" or better as measured by observed average travel speed on all signalized arterial segments, except that during peak hours a LOS of -0- can occur for no more than any two hours of the day. Those signalized intersections west of 1-805 which do not meet the above standard, may continue to operate at their current 1991 LOS, but shall not worsen. This threshold represents a change from the original Intersection Capacity Utilization (ICU) method which analyzed the performance of intersections only, to the Highway Capacity Manual (HCM) method which analyzes conditions over whole roadway segments, and is a more comprehensive measurement as It considers the overall -driving experience" in terms of time delay. . 1993 Traffic tJlonltorina proaram The 1993 Traffic Monitoring Program (TMP) presented to the GMOC summarizes the results of analysis performed through actual avel time and apeed surveys of all the arterial streets in Chula Vllta during the AM peak hour period (7 am to 9 am), as conducted from March 1993 to m1d-July 1993. Because the necessary HCM field study work Is labor Intensive, avel studies for the three peak periods (AM. Mid-Day, and PM) are to be apread out over time. The PM period was evaluated In the 1992 1MP, the AM period this year (1993 1MP), the Mid-Day will be presented next year, and then back to the PM period the following year, ...ultlng In a complete cycle of analysis every four years. Additionally, any segments found to be operating at LOS -C" In any year would be anaJyzed along with the following year's period to determine if potential problems exist, ao that any necessary operational changes can be addressed. ~ .2-(!)~/3 ,,;,\ "i \' The 1993 TMP results show that all arterial segments studied during the AM peak """\ period were found to operate at LOS "C" or better. Five (5) arterial segments were found to be operating at LOS "CO, in at least one direction, and will be reevaluated with the 1994 TMP which will assess the Mid-Day peak period for all arterial streets. With regard to the nine (9) arterial segments found to be operating at Los "C" during the PM peak period by the 1992 TMP, and which were re-studied by the 1993 TMP, two (2) could not be assessed (one on Broadway and one on H Street) due to road construction projects, five (5) continued to operate at LOS "C", and the other two (2) experienced a deterioration from LOS "C" to LOS "0" in one direction of travel. Those 2 segments were northbound Otay Lakes Rd. between Telegraph Canyon Rd. and East 'H' Street, and eastbo.und Palomar Sl between 1-5 and Broadway. It should also be noted that the 1993 TMP again shows that arterial interchange segments at the 1-5 interchanges, in general, are experiencing reduced Ievels-of- service. This is due primarily to the close spacing of the signals, signal timing at the ramps which is controlled by CAL TRANS, and the high volume of vehicles entering and ex",ing the freeway. This is especially true of the short segment of westbound "H" Street between Woodlawn Ave. and Bay Blvd. A related concem remains with the trolley crossing gates at "E", "H" and Palomar Streets which interrupt flows every 5 to 7.5 minutes, and the need to continue to urge the Metropolitan Transit Development Board (MTDB) to eventually construct grade separations. During last year's review of the 1992 TMP, the GMOC noted its continuing concem, """\ as expressed in both its 1990 and 1991 Annual Reports, regarding potentially serious future "H" Street traffic problems both east and west of 1-805. As the principal arterial for many of the large approved but not yet buih master planned communities and other projects, "H" Street's current configuration and capacity must adequately meet these future traffic demands over the next 20+ years as buildout occurs. Recent traffic models developed in conjunction with land use approvals such as Kaiser Hospital and the Rancho Del Rey Commercial Center, indicate that "H" Street will need to operate at or very near its maximum capacity to meet the traffic threshold standard, providing little, if any, reserve capacity to address actual future conditions not foreseen by the traffic models. The lack of reserve capacity also limits the City's future flexibility to consider other project proposals like Kaiser or Rancho Del Rey which may prove beneficial over the next 20 or more years. In its 1992 Annual Report, the GMOC amplified these concems, and requested that a comprehensive re-evaluation of traffic conditions in the "H" Street service area be conducted, with a report back to the GMOC regarding any potential threshold issues along with remedial strategies. Such a report has not been produced, and as stated in the finding for this year's review (1993 TMP), the GMOC has identified 5 locations where potentially serious threshold compliance problems coulcl occur within the next 5-10 year. Those areas are: 1. "H" Sl east of 1-805. """\ ~ eJo-?f . 2. "H" St. west of 1-805 to 1-5. 3. Otay Lakes Rd. between East "H" at and Telegraph Canyon Rd. ... Palomar St. between Broadway and 1-5, and ,5. SR-125. In the spirit of prudence, and to allow for sut'licient pre-planning to avoid what the GMOC continues to see as an inevitable future moratorium condition affecting one or more of these locations, the GMOC recommends: . That the City Council refer the noted 5 locations to the engineering o.partment for .rudy In tenns of projected traffic volumes, system (street) capacity, and the fundIng, phasing and construct/on of needed Improvements to meet the demands of projKted growth. The ruults should be embodied In a report to be provided to the GAfOC next year (October, 1194), and IncludIng potential solutions to demonstrate continued compliance with traffic thtuhold _ndards over the long tenn. . The GMOC requests that the following issues/recommendations be addressed in that report with regard to each of the 5 noted locations: ~w Street East of 1-805- As the principal arterial for many of the large, approved but not yet built projects in eaStem Chula Vista, East "H" Street's current configuration and capacity must meet related traffic demands over the next 20+ years as buildout occurs. As additional signals are added between 1-805 and Otay Lakes Rd., and projects continue to build, the GMOC is extremely concemed that the street will become overtaxed, and result in the need for a development moratorium. In order for the GMOC to clearly understand the potential for a moratorium, and to thereby accordingly advise the Council, the City Traffic Engineer's report should comprehensively analyze all existing and currently approved future land uses within the East "H" Street service area to determine If any land use or other modifications are needed to correct potential problems before they necessitate a moratorium. "H" Street West of 1-805 to 1-5- . Given the known physical and economic constraints to major future modifications of "H" Street west of 1-805, the impacts of currently proposed, and/or anticipated, major development or redevelopment projecbl should be scrutinized and tailored to the Hmltations of the street. Recognizing the street's limitations, and already contemplated projecblsuch as ScrIpps and the Chula Vista Center expansion, any further development has the potential to overtax the street. Existing and projected tratlic volumes on "H" Street should be evaluated to determine what level of development can be ?~ _ .2tJ~?5 / JJ! "=- .All supported by employing remedial measures such as signal timing, no left tums, etc. If a threshold problem will eventually exist, then the report should also identify at what point land use limitations or other similar measures would be necessary to maintain threshold compliance. Otav Lakes Rd. Between East wHw St. and TelearaDh Canvon Rd.- Although presently operating within the Standard, this section of Otay Lakes Rd. is a concem as it has deteriorated from LOS 'C' to '0' since last year. That segment should therefore remain a focus In all subsequent TMPs In the form of an annual status report. That status report should address the effectiveness of the interim signal timing adjustments proposed In the 1993 TMP (or other remedial measures), as well as the schedule for related funding under the TransOIF for construction of the needed six-lane facility. ~ Palomar St. Between Broadwav and 1-5- , Although presently operating within the Standard, this section of Palomar Street is a concem as it has deteriorated from LOS 'C' to '0' since last year. That section should therefore remain a focus in all subsequent TMPs in the form of an annual status report. That status report should also address the effectiveness of the proposed improvements as identified in the 1993 TMP. SR125 """'\ The importance of SR 125 to supporting buildout of the projects in the City's General Planning Area consistent with the Traffic Threshold has been previously established by both the City's Growth Management plans and the Eastem Chula Vista Transportation Phasing Plan. In light of the uncertainty of CAL TRANS and CTV to construct SR125 in a timely manner, the GMOC supports the SR125 Interim facility planning efforts contained in the HNTB report, but recommends that further and more detailed study of the San Miguel and Sweetwater road segments of that plan occur. This effort is necessary to ensure adequate community Input and publicity, and avoid potential adverse reaction which coulcl delay Implementation due to various neighborhood Impacts and school safety Issues. In closing, the GMOC notes that monitoring Improvements have resulted from the TMP and Its associated methods of measurement under the HCM threshold standard. The effort produces very thorough results which enable potential issues to be identified in advance. thereby allowing sufficient time to resolve them before they become problematic. '"'" ~>>- ?I- . a PARKS AND RECREATION. ItIE GMOC FINQ'. BAS~D ON THE PRESE~I f'tANDARD. THAT THE CITY IS IN COMPUANCE WITH TtfE ~~~KS AND RE~REATION THRESHOLD ON BOTH A CUMULATIVE AND PRO.,!ECT BASIS. The Parks and Recreation threshold is a population-based standard calling for 3.0 acres of neighborhood and community park land to be provided for every 1.000 residents east of 1-805. This standard has been met as of June 30. 1993, as Illustrated by the following table: Acres of Acresf Acre $hortfall Area PODulation Parks 1.000 Of Excess East of 1-805 41,243 190.50 4.82 +66.77 West of 1-805 106,052 129.45 1.22 -188.71 . City-Wide 147.295 319.95 2.17 -121.94 Standardfldeal 147,295 441.89 3.00 -121.94 . While demonstrating compliance (based on the present standard apply east of 1-805 only), this table also reveals the continuing shortfall in ptIrk land both for westem Chula Vista and for the City as a whole. For each of the last five years, the GMOC has recommended that the Parks Threshold Standard be amended to apply city- wide, and to be measured both east and west of 1-805. In 1992, Council endorsed making such revisions, but requested that a potential credit ayatem (equivalency factor) for active recreation facilities such as pools and gyms be developed which would provide for threshold calculating credit for more land area than the facilities actually occupy. Th~ equivalency factors, In ptIrt1cular. were aeen as necessary before the final language of a revised threshold standard could be prepared for adoption. Development of such a credit system has been Incorporated as ptIrt of the proposed Parks Implementation Plan (PIP), for which a work program was nlC8ntty authorized by the City Council. The proposed PIP would address possible ptIrk equivalency factors. land availability. and other matters In westem Chula VIsta. and serve as a foundation for developing a 2D-year master plan to correct existing deficiencies toward meeting the goal of 3 acresf1000 population west of 1-805. As the threshold standard therefore presently remains unchanged. the GMOC recommends for the fifth consecutive year: ~;-- >>~)? I , , ,-- ,'PI " . That the City Council amend the Parks and Recreation Threshold Standard to apply City-wide, both ..st and weat of 1-805. """ The GMOC is becoming increasingly concemed that this matter still remains unresolved since 1992, and that the PIP is projected to take another 18 months to complete. Completion of the PIP is critical to a variety of parks issues, particularly Council's inquiries regarding a credit system for major facilities such as swimming pools, and other matters which must be resolved before the final language of a revised City-wide standard can be completed for adoption. In this ">>lard, the GMOC also recommends: . That the City Council direct _" to expedite completion of the Parks Implementation Plan (PIP), and ensure that the PIP Is a priority In the work programs of the Planning and Parks and Recreation Departments for the next year; and, . That thos~ sub-components of the PIP which will form a basis for a revised standard be directed for placement up-front In the aforementioned work program to avoid continued delay In the adoption of a revised standard. In addition, although not directly tied to the PIP, is the need to complete preparation of the Greenbelt Master Plan called for by the City's 1989 General Plan Update, and to develop the related, comprehensive Bike and Hiking Trails Plan. "is the """'" GMOC's position that the longer the Greenbelt Master Pian goes uncompleted, the greater the potential for erosion and/or non-realization of one of the most significant, and well publicized components of the updated General Plan. Therefore, the GMOC recommends: . That a Greenbelt Master Plan be undertaken and closely coordinated with the PIP to ensure optimum use of the Greenbelt for park and recreation purposes. This is especially important for those Greenbelt areas west of 1-805 due to the deficiency of parkland In that part of the City. Additionally, and as previously mentioned, the lack of a Greenbelt Master Plan leads to uncoordinated planning which could result in erosion of attaining the circumferential Greenbelt concept as prescribed by the 1989 General Plan. This potential for erosion, or non-realization, Is particularly great in areas that are not receiving comprehensive attention through major planning project efforts, such as the SR54 corridor between 1-805 and 1-5. The GMOC Is aware of several individual project proposals being considered In that corridor which have the potential to directly impact realization of the Greenbelt. In this regard, the GMOC also recommends: ~~' ';20 ~ Jg/ """\ . ( . That the CIty Council direct"'" to fully COMIder Greenbelt laue. In the counte of Nvlewlnll currwnt project propo.." within and .cqacent to the SR54 corridor betwHn 1405 and 1-5. . One of the ongoing hurdles noted In I'8IIlizing the G....nbelt, or other new park sites In westem Chula VISta. has been funding the costs of land .cquisltion .nd facility construction. operation .nd maintenance. The GMOC would like to suggest use of the "exceptional and extraordinary benefit" provisions of Section 6.2 of the General Plan Land Use Element. Those provisions allow new developments to reach higher density yields where such benefiti to the larger Chula Vista community can be demonstrated. Perhaps .ssistance to the City, monetary or otherwise. in resolving parks and recreation issues In westem Chula VISta could be considered as demonstrating such a benefit. During the review "period, the Parks and Recreation Department completed many positive efforts which were highlighted in their report, and should also be noted: Approved a joint-use agreement with the Sweetwater Union High School District for facilities at Chula Vista Community Park and neighboring Eastlake High School. Approved the master plan for the McCandliss Memorial at Halecrest Park. Approved a State grant application for stage improvements at Memorial Park. Approval of funding for restroom renovation .t Los Ninos Park. Accepted a Small Business Tree Planting Program Grant from the Califomia Department of Forestry. Completed Phase I of the Play Equipment CIP. Completed Chula Vista Community Park at Eastlake G....ns. adding 12.9 acres to the City's park system. Established the Youth Action Program at select high .nd middle schools. Formed the Youth Co.lltion in cooperation with major youth-providers in the City. . Conducted the Youth Summit to collect information on needs for middle and high school aged youth. Initiated Phase II construction .t Rohr Park. Initiated the Otay Park M.ster Plan .nd joint-use program. Developed . jolnt-use .g....ment with the 4-H Club of San Diego to provide latchkey services In the Montgomery .rea. Completed .ppraisal of the property .t Third .nd "L" St. for possible park .cquisltion. The P.rks Department report .Iso provided responses to e.ch of last year's GMOC concerns. Based on the present status of .cthiltles in addressing many of those concerns. the GMOC makes the following addltion.1 recommendations. many of which echo previous concems: . .M, ~ 11) - :W-?i y.:~'i' . Th. City .hould creet. .n Impect fee progrem which will require n.w .perlment con.truction In Westem Chul. VI.ta to pey perk fee.. P.rk Acqul.ltion & Dev.'opment (PAD) ,... .re currently coIlect.d only for .ubdlvl.lon., Including condominium projects. It .hould be not.d th.t compl.tion of the PIP I. .'.0 nec....ry In order to ..tab/I.h .peclflc propos.d Improv.m.nts .nd .ree. of benefit, upon which equltebl. Impect fees c.n be collect.d from newepertm.nt developm.nt .. well. """" . New multi-f.mlly projects In watem Chul. Vim should be required to provld. . ..t .mount of prlv.te recreetion facilities within the development G.nerel provi.'on. regerrllng .uch feclllti.. .re Includ.d In the propos.d City Dalgn Revl.w lI.nu.' being drefted by the PI.nnlng Dep.rtm.nt. However, thos. provl.lon. .mount to only bro.d guld.lln.., .nd more In-depth study I. nec....ry to develop. work.bl. progr.m. Prep.retlon of the PIP provides .n opportunity to .ddress .uch . .tudy, .nd the PIP .hould determine . minimum ree.on.ble proJ.ct .Iz. to which .uch . requirement .hould .pply. . Th. P.rks .nd R.cre.tion Depertm.nt .hould contInu. to ....ss the .ppropri.t.n.ss of wmlnl-perksw In west.m Chul. VI.ta. Whll. .uch perk. .re more expenslv. In per-ecre costs to develop .nd m.lntaln, th.y provld. . more Intim.t. .c.l. for loc.' neighborhoods, end m.y be the only m.thod by which Ioc., perk deficiencies In westem Chul. Vlst. c.n b. rem.dl.d without .'gnlflc.nt condemn.tion of exl.ting d.v.lopm.nt. Ag.ln, this re-ess...m.nt Is pert of the PIP'. work progr.m. "' In closing, the GMOC would like to acknowledge the City for cooperative recreational program funding such as that for the Youth Action Program, and also acknowledge the schools, YMCA, and Boys and Girls club for their efforts in forming a coalition to address human service needs. Presently, the Parks and Recreation Department, YMCA, and Boys and Girls Club are administering a variety of youth programs with the noted funding. The GMOC believes continuation of this spirit of cooperation and efficiency in resources is necessary to tackle many of the parks and recreation issues facing the City as growth occurs. ~1HL.,l\N\/.RPT) ~~~2"tJ . "' . . . . ATTACHMENT D COVER LETTERS AND STATEMENTS OF CONCERNS TO WATER DISTRICTS AND AIR POLLUTION CONTROL DISTRICT ~- ..2()~ r/ . . . November ,1994 Mr. Cary F. Wright, President and Members of the Board South Bay Irrigation District 505 Garrett Avenue Chula Vista, CA 91912 Dear Chairman Wright and Members of the Board: RE: Chula Vista Growth Management Oversight Commission 1993 Annual Report, Statement of Concern On November 22, 1994, the Chula Vista City Council took final action on the 1993 Annual Report from its Growth Management Oversight Commission (GMOC) regarding the City's Quality of Life Threshold Standards. As evaluated from written and oral presentations by Sweetwater Authority staff, that report contains an overview of water availability, planning and service matters as they relate to the provision of adequate water supply to meet the needs of existing and future customers within Chula Vista. Based on its review of the GMOC report, the City Council approved a Statement of Concern for the Water Threshold as required under the City's growth management ordinance. The Statement of Concern regarding the Sweetwater Authority is enclosed. The intent of this year's Statement of Concern for Sweetwater Authority is to emphasize the need to continue to work cooperatively in the exploration and development of alternate water supply sources, to continue to promote conservation, and particularly to consider development of capital facilities and programs for reclaimed water use within the Authority's service area. In these regards, we believe the City and the Authority share common objectives in ensuring the ability to meet future water demands, and reduce dependence on tenuous imported water supplies. We commend the Authority for its cooperative endeavors with the City and other water agencies, and encourage continued attention to completing and implementing water planning activities as they are essential in atta;nil1g our common objectives. We believe the Inter-Agency Water Task Force affords an excellent opportunity to assist one another, and to the extent City land use decisions and policies affect water availability and delivery, your input on any changes we might make is always welcome. ~ .:0-"ZS,;?-., Mr. Cary Wright, President and Members of the Board Page 2 ~ovember , 1994 "'" The City appreciates the work of Richard Reynolds and Hector Martinez in providing information to our Growth Management Oversight Commission. We look forward to working with you in these matters, and to continuing our cooperative relationship with your Board and Sweetwater Authority staff. Sincerely, Tim ~ader Mayor A:\GMOC-9l\GMSOC9l.SW A T~/EB:eb ""'" cc: City Council City Manager Richard Reynolds, General Manager ........ ~- ;2tJ~~ e e e CHULA VISTA GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC) 1993 STATEMENT OF CONCERN REGARDING WATER [SWEETWATER AUTHORITY] The GMOC recognizes the efforts of the Sweetwater Authority to work cooperatively with the City and other water agencies in responding to GMOC concerns, and in ensuring adequate, cost effective water supply, including the following: I,.. a. continuing to promote consetVation. b. considering cooperative agreements with Otay Water District which could assist Otay in attaining their 10 day storage/emergency supply goal. c. exploration of developing alternate water supplies, including the present brackish water desalinization proposal in the Lower Sweetwater Valley. d. infrastructure preplannirtg in conjunction with the Bayfront project. e. ongoing coordination with the City on water planning issues within the City's General Plan Area. e. participation on the Interagency Water Task Force. .1. CONCERNS: Despite the above noted efforts, the GMOC has concluded that: a. There is still concern about dependence on imported water supply, and the need to focus on efforts to increase the availability and reliability of future water supplies through development of reclamation and other alternate water sources which can reduce dependence on importation. The City proposes to work closely with the Sweetwater Authority through the Inter Agency Water Task Force to focus on developing, where feasible, reclaimed water useage particularly for new large projects like the Bayfront development, and for existing uses such as golf courses and open space areas. b. Existing small diameter cast iron pipes, particularly in the northwestern quadrant of the City, may be inadequate to meet fJre-flow requirements for new development. The City should work closely with the Sweetwater Authority to establish a consistent process of early referral on projects which will increase fJre flow demand in that part of the City. Such a process will assist in addressing what are often insurmountable costs to many small developers to mitigate the situation to receive building permits. B:\GMOC-93\GMSOC93.SW A ~- dLJ ,-g-y Page 1 II. RECOMMENDA nONS. ""'" The GMOC recommends that the Sweetwater Authority work with the City to: a. Actively encourage, support, and accordingly allocate resources to efforts involving development of physical and operational programs on both the local and regional level which reduce dependance on imported supply, including: cooperative efforts to rekindle support and planning activity for a seawater demineralization plant. within the county. continuing to urge the County Water Authority to speed construction of emergency storage reservoirs within San Diego County. continuing feasibility evaluations of Chula Vista and other interested parties fmancing, designing and constructing the proposed reclamation plant in the Otay River Valley which has been indefInitely postponed under the Clean Water Program. working with the City and Otay Water District to develop and coordinate common goals and strategies regarding the development of reclaimed water """'\ implementing local groundwater project proposals such as that presently being proposed in the Lower Sweetwater Valley. b. Encourage continued cooperation with the Otay Water District to accommodate Otay's efforts to attain emergency supply and storage goals through possible use of Sweetwater Reservoir, and development of the Middle Sweetwater River Basin conjunctive use project. ",' c. Devise a mutually acceptable advance planning program for water facility needs for infill development, particularly in the northwestern quadrant of the City. ""'" B:\GMOC.93\GMS0C93,SW A ~- d~-Y; Page 2 . . . November ,1994 Mr. Mark Watton, President and Members of the Board Otay Water District 10595 ]amacha Blvd. Spring Valley, CA 91971 Dear Chairman Watton and Members of the Board: RE: Chula Vista Growth Management Oversight Commission 1993 Annual Report, Statement of Concern On November 22, 1994, the Chula Vista City Council took final action on the 1993 Annual Report from its Growth Management Oversight Commission (GMOC) regarding the City's Quality of Life Threshold Standards. As evaluated from written and oral presentations by your district's staff, that report contains an overview of water availability, planning and service matters as they relate to the provision of adequate water supply to meet the needs of existing and future customers within Chula Vista. Based on its review of the GMOC report, the City Council approved a Statement of Concern for the Water Threshold, as required under the City's growth management ordinance. The Statement of Concern regarding the Otay Water District is enclosed. The intent of this year's Statement of Concern for the Otay Water District is continued expression of the City's concern over adequate long-term water availability, and the need for dynamic planning efforts to provide sufficient storage capacity, and to develop alternate water sources. In these regards, we believe the City and the District share common objectives in ensuring the ability to meet future demands, address emergency supply situations, and reduce dependency on tenuous imported water supplies. We commend the District for its cooperative endeavors with the City and other water agencies, and encourage continued attention to completing and implementing water planning activities, as they are essential to attaining our common objectives. We believe the Inter-Agency Water Task Force affords an excellent opportunity to assist one another, and to the extent that City land use decisions and policies affect water availability and delivery, your input on any changes we might make is always welcome. ~ ~/f)? Mr. Mark Watton, President and Members of the Board Page 2 ~ovember ,1994 """" The City appreciates the work of Keith Lewinger and Tim Stanton in providing information to our Growth Management Oversight Commission. We look forward to working with you in these matters, and to continuing our cooperative relationship with your Board and District staff. .~ Sincerely, Tim ~ader Mayor B,IGMOC-93IGMSOC93.0W T~/EB:eb ""'" cc: City Council City Manager Keith Lewinger, General Manager .' """" ~ ;2/?'" ~ ? . . . CHULA VISTA GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC) 1993 STATEMENT OF CONCERN REGARDING WATER [OTAY WATER DISTRICT] The GMOC acknowledges the activities of the Otay Water District in responding to prior concerns of the GMOC, and in cooperatively working with the City and other water agencies to ensure adequate, cost effective water supply including the following: a. continuing to encourage conservation. b. continuing to explore cooperative agreements with other water agencies for emergency storage and supply. c. construction of water storage and delivery facilities, including reclaimed water facilities in new development. d. initiation of a comprehensive District Master Plan update. e. ongoing coordination with the City on water planning issues within the City's General Plan Area. f. participation on the Interagency Water Task Force. I. CONCERNS: Despite the above noted efforts and progress, the GMOC remains concerned about long- term water availability, dependence on imported supply, and related potential impacts to local planning and development. More work needs to be done on the regional and sub- regional level to continue, and see through to timely completion and implementation, planning efforts to increase the availability and reliability of future water supplies through provision of adequate storage and treatment facilities, and development of reclamation and other alternate water sources which can reduce dependence on importation. II. RECOMMENDATIONS: The GMOC recommends that the Otay Water District work with the City to: a. Actively encourage, support, and accordingly allocate resources to efforts involving development of physical and operational programs on both the local and regional level which reduce dependance on imported supply, including: working to rekindle support and planning activity for a seawater demineralization plant within the county. continuing to urge the County Water Authority to speed construction of emergency storage reservoirs within San Diego County. B:\GMOC.93\GMS0C93.0W Page 1 ~... ...2t? ~ continuing feasibility evaluations of Chula Vista and other interested """" parties financing, designing and constructing the proposed reclamation plant in the 0tay River Valley which has been indefinitely postponed under the Clean Water Program. work with the City and the Sweetwater Authority to develop and coordinate common goals and strategies regarding the development of reclaimed water. implementing local groundwater project proposals such as those presently being evaluated within the San Diego Formation. b Continue to actively pursue and see through to completion, efforts to diversify the District's storage and emergency supply options, including those with the Sweetwater Authority, City of San Diego and the Helix Water District. c. Clarify through the Interagency Water Task Force, and as appropriate make adjustments to, its present emergency storage policy. d. Coordinate preparation of its present Master Plan update, particularly as it relates to the evaluation of sites for proposed emergency storage reservoirs within the City's General Plan Area. -... """" B,\GMOC.93\GMSOC93.0W -~- ;;"o~)S1 Page 2 . . . November , 1994 Ms. Pam Slater, Chairwoman and Members of the Board San Diego County Air Pollution Control District 9150 Chesapeake Drive San Diego, CA 92123 Dear Chairwoman Slater and Members of the Board: RE: Chula Vista Growth Management Oversight Commission 1993 Annual Report, Statement of Concern On November 22, 1994, the Chula Vista City Council took final action on the 1993 Annual Report from its Growth Management Oversight Commission (GMOC) regarding the City's Quality of Life Threshold Standards. As evaluated from written and oral presentations by Air Pollution Control District (APCD) staff, that report contains an overview of the current regional air quality situation, several of the San Diego Regional Air Quality Strategy's (AQS) proposed implementation measures, and other recent activities aimed at improving ambient air quality within the San Diego Region. Based on its review of the GMOC report, the City Council approved a Statement of Concern for the Air Quality Threshold as required under the City's growth management ordinance. The Statement of Concern regarding the Air Pollution Control District is enclosed. The intent of this year's Statement of Concern to the APeD is to express the City's continued interest in ongoing work with the APeD to address longer-term maintenance and improvement of the ambient air quality enjoyed by the citizens of Chula Vista. Despite continued improvement in the region's overall air quality in 1993, an acceptable level of air quality has not yet been achieved. The largest contributing factor remains too many vehicle trips/miles driven. The number of miles driven per year continues to increase at a rate almost double that of population growth, and motor vehicles account for about 60% of the region's smog forming emissions. The City recognizes that focus toward decreasing automobile use through strong public transit and other programs is essential to continued future improvement of the region's air quality. We compliment the APCD on its efforts to establish trip reduction strategies, and continue to stress our position on the importance of expeditiously completing and implementing subsequent AQS measures including the Transportation Control Measures Plan, the Model Regional Transportation Demand Management Program, and the Indirect Source Reduction Plan. ~~- ..2tJ --90 Ms. Pam Slater, Chairwoman and Members of the Board Page 2 November ,1994 ~ In this regard, we support the APCD in its present efforts through both State and Federal EPA to achieve downgrading of the region's smog classification from severe to serious, in recognition of the impact that air import from the Los Angeles area has local air quality. We have also accepted the suggestion that.the City work with the APCD to revise our Air Quality Threshold Standard to better measure local growth impacts consistent with provisions of the AQS We propose formation of a task force with representation from the City, APCD and SANDAG to facilitate those revisions, and will be contacting APCD staff in the near future to discuss staffing and scheduling. The City appreciates the work of H. Paul Sidhu and Paul Davis in providing information to our Growth Management Oversight Commission. We look forward to working with you in these matters, and to continuing development of our relationship with your Board and the APCD staff. Sincerely, -... Tim Nader Mayor A:\GMOC-93\GMSOC93.APC TN/EB:eb cc: City Council City Manager Richard Sommerville, APCD -~- .;z[j~1 / """" . . . CHULA VISTA GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC) 1993 STATEMENT OF CONCERN REGARDING AIR QUALITY [AIR POLLUTION CONTROL DISTRICT] The GMOC continues to recognize the progressive improvement of the region's overall air quality, and acknowledges the activities of the Air Pollution Control District (APCD) in responding to concerns of the GMOC, and in working toward attaining an acceptable future level of air quality for the region including the foJlowing: a. continued provision of information on local air pollution sources and enforcement activities in Chula Vista. ongoing development and implementation of regional programs to implement provisions of the San Diego Regional Air Quality Strategy. ongoing work with SANDAG to increase flexibility in the expenditure of federal ISTEA funds. technical and funding assistance to the City on several air quality improvement efforts including acquisition of electric and CNG vehicles, alternate fuels development, and a telecenter pilot project. passage of AB 2008 (Alpert) to require Mexican vehicles used for commuting to work in California to meet state smog regulations. b. c. d. e. I. CONCERNS. I. Despite the above noted progress, the GMOC remains concerned about longer- term maintenance and improvement of ambient air quality enjoyed by Chula Vista citizens. While trends for reducing air pollution are favorable in some respects, continued growth in population and automobile miles driven make attainment of air pollution reduction goals more difficult. Emphasis is necessary on seeing through to timely completion and implementation, current planning efforts to lessen the need for individual automobile trips and increase transit availability and usage. 2. The GMOC is also concerned over the APCD's repeated input that the present structure of the City's Air Quality Threshold is not entirely functional, particularly as it relates to the request for APCD's review of the City's annual growth forecasts. Toward enabling better measurement of local growth and other activities' affect on the improvement of air quality, the GMOC recognizes the need to amend the threshold standard to achieve better coordination with the APCD and SANDAG, and in implementing the provisions of the AQS. B:\GMOC-93\GMSOC93.APC Page 1 ~~ ...2CJ~J;L n. RECOMMENDATIONS: The City recommends that the APCD: a. Expeditiously proceed with efforts regarding the development, review, adoption and implementation of the Air Quality Strategy's subsequent implementation measures including the TCM and TDM Plans, and an Indirect Source Reduction Plan. b. Work with the City and SANDAG through a task force, to develop revisions to the City's Air Quality Threshold Standard regarding coordination of annual growth forecast reviews, and the development of evaluative standards based upon the provisions of the Regional Air Quality Strategy and its implementation measures. B:\GMOC-93\GMSOC93.APC Page 2 ~ .),tJ.-'7) ""'" --.. ""\ COUNCIL AGENDA STATEMENT Item .J I Meeting Date 11/22/94 Report: Discussion of options for Abating Transient Occupancy Tax Rate from Ten Percent to a Not Less Than Eight Percent during Calendar Year SUBMITTED BY: Director of Finance~ REVIEWED BY: city ManagecS7 (4/5THS Vote: Yes___No-X-) At its meeting of October 25, 1990, the city Council adopted Ordinance 2407 which established a maximum Transient Occupancy Tax (TOT) rate of ten percent, and provided for annual abatement hearings at which time the maximum tax could be lowered, to not less than the current rate of eight percent. since setting the rate at 10% in October 1990, the city council has held public hearings and abated the tax to 8% for calendar years 1991, 1992, 1993 and 1994; the same rate it has been at since 1978. ITEM TITLE: the Rate 1995 On December 20, 1994 there will be a public hearing to consider abating the TOT rate to a rate below 10 percent, but not less than the current rate of 8%. After the public hearing is conducted Council may abate the 10% tax to 8% for the entire year, take no action and allow the TOT rate to increase to 10% on January 1, 1995, or abate the tax rate to any level between 8% and 10% for all or a portion of CY 1995. Staff has reviewed TOT revenues, TOT rates in neighboring cities and apparent impacts from rate increases in other cities. Staff would like to meet with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners to get their input regarding various abatement options prior to developing a recommendation for abatement of TOT rates. Staff I s recommendation and input received from interested parties would be available to Council prior to the December 20, 1994 public hearing. A copy of this report was sent to the Executive Director of the Chula Vista Chamber of Commerce and the President of the local Hotel/Motel Association. RECOMMENDATION: That Council accept the report and instruct staff to meet with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners to discuss various options for abating/increasing the TOT rates for Calendar Year 1995. Subsequent to these discussions, that a public hearing be scheduled and held on December 20, 1995 at which time Council will hear public testimony and set the TOT rate for 1995 at a rate of not less than 8% nor more than 10%. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: since adopting a TOT rate of 10% in October 1990, the Council has held the increase in abeyance, allowing the rate to remain at 8%; the same rate Chula vista has maintained since 1978. The increases were abated r:J.) - I ({ Page 2, Item :21 Meeting Date 11/22/94 due to a slow economic recovery and a desire by the Council to keep TOT rates at the level of other local cities competing for tourist dollars. TOT is a tax that provides support for City services from non- residents of Chula vista. The tax is a percentage applied to the rates charged to guests at City motels, campsites and recreational vehicle parks when their length of stay is less than thirty-one consecutive days. TOT revenues have been flat and over the years, TOT revenue support of public services has eroded. In FY 1989-90 TOT revenues supported 2.9% of general city services. By last year, FY 1993-94, TOT revenues supported only 1.8% of general services. All three cities which are located nearby, with motels offering similar rate structures to those in Chula Vista, namely Imperial Beach, National city and San Diego, have raised their rates to 10% or more in the past four years. Table I shows TOT rates for neighboring cities and other cities with populations over 50,000 throughout San Diego County. TABLE I CURRENT TOT RATES SELECTED CITIES CITY RATE Chula vista - current 8% Chula vista - proposed 10% Carlsbad 10% Coronado 7% El Cajon 10% Encinitas 8% Escondido 10% Imperial Beach 10% La Mesa 10% National City 10% Oceanside 10% San Diego 10 1/2% San Diego County 9% Santee 6% vista 10% A review of the impact rate increases have had in other cities based on discussions with their staff and review of revenue data, has resulted in no evidence to support a correlation between increases in TOT rates and decreases in motel occupancy rates. ~/- :L Page 3, Item ~ I Meeting Date 11/22/94 FISCAL IMPACT: TOT revenues are estimated at $1.2 million in the current budget. Each 1/2% increase in the TOT rate would generate approximately $37,500 in additional revenue this fiscal year, and $75,000 in additional general fund revenue in subsequent fiscal years. If the TOT rate were to increase to 10% on January 1, 1995, an additional $150,000 in revenue could be expected this fiscal year, and an additional $300,000 in revenue could be expected in future fiscal years. .J. J -J /;.1-'1 f7T/1 0</ ALTERNATIVE RECOMMENDATION RESOLUTION NO. ) 7?>y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX FROM A RATE OF TEN PERCENT TO PERCENT FOR CALENDAR YEAR 1995 WHEREAS, at its meeting of October 25, 1990, the City Council adopted Ordinance No. 2407, Option 1, amending the Municipal Code regarding Transient Occupancy Tax (TOT) by establishing a maximum TOT rate of ten percent and providing for annual abatement hearings at which time the maximum tax could be lowered; and WHEREAS, in 1990, 1991, 1992 and 1993, the City Council held abatement hearings and set a TOT rate of eight percent for the subsequent calendar year, the same rate it has been since 1978; and WHEREAS, November 22, 1994, ten percent to as percent. the City Council, at a public hearing held on considered the reduction of the TOT rate from percent and voted to maintain the TOT rate NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the abatement of the Transient Occupancy Tax from a rate of ten percent to percent for calendar year 1995. Robert Powell, Director of Finance as to ~ Presented by c: \rs\S%TOT c:< /-3 " COUNCIL AGENDA SfA1EMENT Item: .!.2.. Meeting Date: 11/22194 ITEM TITLE: Report: Update on Chil~ Safe Haven Program SUBMITI'ED BY: Director of Parks a~d R eat~ REVIEWED BY: City Manage~ (4/5ths Vote: Yes No..lL) ~ At the July 19, 1994 City Council meeting, staff was directed to develop recommendations regarding coordination of a Children's Safe Havens Program with local churches and other organizations. Staff presented the Safe Havens concept to a number of Community groups and organizations, including the Child Care Commission, Youth Commission, Youth Coalition, and the Commission on Aging. Presentations are also planned for the Chula Vista Human Services Council and the Ecumenical Council. The intent of this report is to discuss the organization of a Safe Havens Program. RECOMMENDATION: That the City Council accept this staff report, and: 1. Support the promotion of existing youth-serving agencies and programs as "Safe Havens" for children in need, (e.g., Boys & Girls Club locations, South Bay Family YMCA program sites, City-operated afterschool playground programs, public libraries, fire stations, police department, City recreation centers, etc.); 2. Support the coordination of efforts with programs offered by Domino's Pizza and 7-11's "Project Safe Place" and the Chula Vista Human Services CounciVChula Vista Postal Service's "Child Link"; 3. Support the provision of on-going training for staff and volunteers (e.g., City-operated Vista afterschool playground program staff) to help them be more effective in working with at-risk children; 4. Support staff facilitation of a small working group of volunteers and representatives from one or two churches interested in developing "pilot sites" for a church-based Safe Havens Program. BOARDS/COMMISSIONS RECOMMENDATIONS: Presentations on the Safe Havens concept have been made to the Child Care Commission, Youth Commission, and the Commission on Aging, and the Youth Coalition. Copies of the minutes from these meetings are attached to this report (Attachments A-E). A summary of the individual Commissions' comments is provided below: A Youth Commission: Commissioners voted unanimously 6-0 to support the Safe Havens concept, with the recommendation that consideration be given to ensuring that there are adequate resources for youth in need (e.g., shelter, food, clothing), services for runaways, and locations of Safe Havens facilities. [SM. A113 . SAFEHA VN.113] 1 .2.~ -/ Ll 4- ~ ... '. Item: ..2 .1 Meeting Date: 11/22/94 B. Commission on A!!ifil!: Commissioners voted unanimously 6-0 to support the Safe Havens concept, and felt that the program could be a part of the Senior Center's outreach program. C. Child Care Commission: Commissioners voted unanimously 6-0 to support the concept of the Safe Havens Program, with the recommendation that careful consideration be given to days and hours of operation, how the program would be promoted in the community, training for staff and volunteers, and coordination with existing programs and services (e.g., playground programs, the schools, etc.). D. Youth Coalition: Members discussed the Safe Haven concept in relation to the U.S. Postal Services "Child Link" project. Coalition members were supportive of the concept, but expressed reservations regarding liability issues. DISCUSSION: A children's "safe haven" is most commonly dermed as a facility, that a child in trouble would feel comfortable and secure going to, in order to have someone to talk to, to share a problem, or to seek refuge if they are in danger. The facility and its staff/volunteers would respond by providing immediate attention to the child's needs by offering security, reassurance, and contacting appropriate services, as needed. Although there are varying definitions of what constitutes a Safe Haven, each community typically tailors their program to their individual needs. Federal funding for local Safe Havens Programs was made available through the Department of Justice and the Department of Education during the summer of 1994. It is anticipated that funding for demonstration projects will continue to be available in future years. As defined by the Department of Justice and the Department of Education, a "Safe Haven" is a multi-service center, (preferably located at schools), where a variety of youth and adult services are located in a highly visible and accessible facility that is secure against crime and illegal drug activity. The facility should be open from early morning through the evening, and the services should be provided by highly experienced personnel. If a school site is not available, then other sites such as churches or community centers could be considered. Safe Havens brings together law enforcement, community services, basic and continuing education, health, recreation, employment, and other key sectors to provide opportunities, skills, and recognition for young people, their family members, and other residents of the community in a safe environment. A special emphasis is placed on drug abuse education and prevention. Safe Haven Tvoe Services Presentlv Available in Chula Vista In Chula Vista, a variety of programs, services, and activities are currently in place (or are being developed) in the schools, recreation programs, and youth-serving agencies in response to the need for a comprehensive, coordinated "child safety net." The Parks and Recreation Department, for example, currently offers supervised afterschool recreation programs at each of the city's 25 elementary schools. Supervised activities at the City's three community centers (Lorna Verde, Lauderbach, and Parkway) are also available as alternatives to parents and children. [SM. A1l3 - SAFEHAVN.1l3] 2 .2~ -~ Item: .2 )... Meeting Date: 11/22/94 Domino's Pizza and 7-11 convenience stores in San Diego County have also teamed up to offer "Project Safe Place" for local youth in trouble. The program is based on a model that was developed in Louisville, Kentucky, and was brought to San Diego County in 1990. In cooperation with the YMCA of San Diego County's Human Development Services and San Diego Youth and Community Services, these businesses have been working with local schools to train youth to look for a clearly identifiable logo displayed in store windows. If a teen is in trouble, they can go into one of the stores displaying the logo to seek help. Employees at Chula Vista's two Domino's Pizza stores and fifteen 7-11 convenience stores have been trained to identify the situation and make the appropriate call or referral to one of the five teen shelters located in the County. "Child Link" is a program developed by the U.S. Postal Service, and is similar in many respects to PROJECT CARE (the City's senior safety net program). Children are shown how to find a uniformed letter carrier to help them when they are in trouble by looking for the "Child Link" logo displayed on the letter carrier's vehicle and uniform. Letter carriers are trained to provide protection and reassurance to children who are lonely and afraid. A pilot program is underway in the City of Oceanside but not yet available in Chula Vista. In Chula Vista, the Chula Vista Human Services Council, Boys and Girls Club of Chula Vista, the South Bay Family YMCA, and businesses are working on adapting the "Child Link" concept. At this point in time, it is too early to evaluate the program's success. Chula Vista Safe Havens Workin!! Group The response of the Boards and Commissions to the Safe Havens concept has been favorable. Efforts to involve local churches in these child safety activities was also supported. A proposed timeline with action steps is submitted as Attachment F. Initial Contacts have been made with four churches (Pilgrim Lutheran Church, EastLake Community Church, Evangelical Free Church of Chula Vista, and St. Rose of Lima); in addition, contacts were made with three interested volunteers recommended by the Mayor and City Manager. Four additional volunteers from the Youth Reach Network, Bella Bonita, Chula Vista Connection, and the Chula Vista Elementary School District have agreed to work on the project. It is envisioned that staff will facilitate the planning process. However, it will eventually be the responsibility of the designated group, (church or volunteer group), to implement and perpetuate the Safe Havens service. The first meeting of this Working Group was scheduled for Friday, November 4, 1994. The discussion focused on the suggested process to facilitate the working group's efforts (i.e., concentrating on creating a "vision" of a Safe Havens Program best suited for Chula Vista), reviewing existing resources and services, and identifying other groups and organizations to invite to participate in the working group. The next Safe Havens working group meeting is scheduled for Friday, November 18, 1994. A list of invitees is submitted as Attachment G. It was agreed that the working group would continue meeting every other week. The Safe Haven's working group's charge is to develop a stronger "safety net" for the city's children and youth. The working group is not committed to any particular "safe haven" concept or definition, and has been asked to work on designing and implementing a program that addresses the needs of Chula Vista. [SM - A1l3 - SAFEHAVN.1l3l 3 .2..2~] Item: ,). )... Meeting Date: 11122194 FISCAL IMPACT: Parks and Recreation Department staff would be available to facilitate the start up of the program, including the possibility of identifying one or two local churches to serve as pilot program sites. It is envisioned that a church or community group will implement and maintain the program's operation. No additional budget funding from the General Fund is required other than staff time to facilitate the process. If additional Federal funding is made available for Fiscal Year 95196, the City could encourage appropriate community agencies to submit grant proposals to support the local Safe Havens effort. AlTACHMENTS: A Minutes from the September 12, 1994 Youth Commission meeting. B. Minutes from the September 14, 1994 Commission on Aging meeting. C. Minutes from the September 6, 1994 Child Care Commission meeting. D. Minutes from the August 15, 1994 Youth Coalition meeting. E. Minutes from the September 22, 1994 Youth Coalition meeting. F. Proposed Project Timeline and Action Steps. G. List of Individuals Invited to Participate in the Safe Havens Working Group. [SM - A113 - SAFEHAVN.113] 4 .):2 -'/ ~ ~ ~ ~ ~ ~ 11'1* ,"" . . . '"' ~ !- :s is 0 .. ~ oS :E ~ 0 ~ 00 '" ::E !:! ... ., e ~ - ~ on e - ~ e .,.. .... ~ .,.. ~ .u 0 N .., < ~ ~ .u 00 0 ... ~~ ~O -0 al .,~ on on on --0 -- ' ~ ~ 0\ !: - , _0 ~ >N -- -0\ -- .,- - - .., . :E ~ ~~ ",i: 0000 iSz >0 ~~ !::= <z 00< Vlr..l ~5 ~~ 0= <r..l !-(IJ ra~ >i :S'" ;;;l o . ~ ~ ~ < t- oo o < ~ ..l .. o ~ ~ ~~- c: 0'- ~ - g .. .. :s 8 !a 0 ut;;U '0; ~ rJ:J (1)._ ::c<u ~ - > !: U < tlll C '~ al ::E go ~ tlll C ~ o ~ ~ ~ .. o "'i:;~ ~~- .5 .s 'u ~ - 5 o !a 0 8t;;U '0; ~ tI) rI),_ ::c<u .. o 1:0 ~ ~~- .5 .s '0 -g .. !3 o !a 0 O..U U '" '0; ~ tI.l tI)._ ::c<u go .~ ~ >tlll as.5 =~ rI) ..c 0 ., U ~ c "'s::: ~ tS.- "'0 .. ., 'S if;: bO yO ~ '" > '" '" ~ 8.5.~ B ::;J o (I) 'U; ~ ~~-o ~og .- ... ~ - .:: - .... e; tlll ,. 'is. ., 'is. '" ~ s. ~~ ~] ~ ",,,,..'E g.ctb :::s 0 Q) Q) ... G) 0 ..o_....c-o 0.... ., .l:: 2 '" ~50'" v- tlll 13 ~~ tlll~ go c:: Q).-.- c:.-- .- Q) C 'S .- -;;: Q) ..::.c ... 4) Q) ..::.c Q) > ...00"0"'0 "'''00 ~<__ ~_o ,~" :2:1-5 ~ .. o 1:0 ~ ~::E_ c 0 '0 .- - c "E - :s o '" 0 o"u u.~ >- -- '" ..... rJ:J rJ)._ ::c<u '" tlll .5 .. ., ., ::E go ~ tlll C :-"i .. o ~ ~ ., .~ ,. '" .. " .., !3 .. 5 .., 5 '" " .., "':;:: a .- U ii '" c .. !a ., ,. ""- 1300'" 8 U .. tlll "'", 1l ~ bI)'- y c e; c.'- .- ...::..: :s ~,~ a e rJ) :: e ~c",,,, bI) ., 0 0 ce-- .- :s Q) G) ~:I:~~ g....oo ... 0 , e; ., 13 g '" 8 .5 .. c 8 go ~ tlll C :-"i .. o ~ '" c '60 ., .&> s: '" ~ ... ~ o .. :: :;: ~ .. tlll o .. =- ~ ~ ,f;/ /1,",,' Attachment G CHULA VISTA CHILDREN'S SAFE HAVENS PROGRAM PLANNING GROUP INVITEES ~ Pastor Armstrong EastLake Community Church 900 Lane Avenue Chula Vista, CA 91914 W Scott Mosher Executive Director Boys & Girls Club of Chula Vista 1301 Oleander Avenue Chula Vista, CA 91911 Senior Pastor Gary Bowman Evangelical Free Church of Chula Vista 795 East" J" Street Chula Vista, CA 91910 Renee Perry 439 Ridgeview Court Bonita, CA 91902 Sister Dolores SI. Rose of Lima 293 "H" Street Chula Vista, CA 91910 Judith A. Pidgeon, Ph.D 20 Pepper Tree Road Chula Vista, CA 91910 Todd Durrance Youth Reach Network POBox 1351 Bonita, CA 91908 Emerald Randolph P.O. Box 17 Jamul, CA 91935 Gabi Evia 5812 Central Avenue Bonita, CA 91902 Sophia Sanchez South Bay Community Services 315 Fourth Avenue, Suite E Chula Vista, CA 91910 """"" Steven Harris 713 Brookstone Road #204 Chula Vista, CA 91913 Elizabeth Stillwagon Executive Director Chula Vista Connection 73 North Second Avenue Chula Vista, CA 91910 Sergeant Don Hunter Chula Vista Police Department 276 Fourth Avenue Chula Vista, CA 91910 Nancy Kerwin Chula Vista Elementary School District 84 East "J" Street Chula Vista, CA 91910-6199 Tina Williams Executive Director South Bay Family YMCA 50 Fourth Avenue Chula Vista, CA 91910 Clorinda Merino South Bay Community Services 315 Fourth Avenue, Suite E Chula Vista, CA 91910 Pastor Alan Wyneken Pilgrim Lutheran Church 497 "E" Street Chula Vista, CA 91910 """"" SAFEHAVN.RST 11108/94 " .v-'. ,4~,- - ~ Attachment A . MINUTES OF A REGULAR MEETING OF THE l~UTH COMMISSION Parks and Recreation Conference Room City Hall Meeting was called to order at 6:30 F~ by chair Keservy. Roll call was taken. September 12, 1994 Members Present: chair Keservy, vice Chair WUbenhorst, Co=:issioners Alfaro, Ellis, Ja:ieson and Noble Mechers Excused: Members Unexcused: None co~issione~s Cetallos, Christian F.~l~es Guests Present: Rosemary Brodbeck, Parks and Recreatlon, Chuck Pugsley, Chula Vista poliee Department Mayor Tim Nader and Councilman Len Moore, Jennifer Ayer (commissior.er next month) APPRO~L OP EZCUSED/NONEXCUSED MEMBERS Roll was called and the absences of commissioners Ceballos and Holmes were discussed. Neither commissioner made contact with one of the appropriate people. Commissioner Alfaro voted on unexcused absences fc~ the two seconded by Commissioner Bracken. Staff Present: . APPRO~L OP MINUTES A motion to approve the August minutes was done by commissioner Alfaro. This was seconded by Commissioner Noble. HEARING OP PUBLIC REMAR~S - None. OLD BUSINESS A. youth commleeloD pamphlets (sUb-comaittee iDput) - This vill be discussed during the October ceeting by Chair Meservy. B. TeeD Court - JOD Jamie.oD's follow-up - Commissioner Jamieson contacted an individual in E: Cajon regarding the Teen Court. That individual gave a n~me to commissioner Jamieson for additional information. He has not been able to contact her. commissioner Jamieso~ also talked to ~erald Randolph, CAST, on imple:enti~g Teen Court in Chula vista. As soon as he gets the ~nfor:ation from El cajon he will present at october's meeting. . ~.2-/ YOUTH COMMISSION 2 September 12, 1994 ~ Advisor Brodbeck told the co~ission that she had a video from El Cajon YMCA that had info~ation on Teen Court. This also will be available next :onth. c. Youtb in Government Day - subcomaittee formed - Commissioner Meservy and Advisor Brodbeck met last month- to reimplement Youth and Govemeent Day. Youth and Government Day provides an opportunit~ for high school students to have an idea of the funct10ns of day-to-day city operations. Applications will be the first step 1n this project. The applications ~ould go to all the high schools. One designated administrator would give the applications to students who ~ould be interested in 1/2 day participation. The month of April is the goal for Youth and Government Day. Chula vista did have a Youth and Government Day in 1989 and was highly successful. The idea is to have a student "shadow" the city manage!:lent. The objective is to assign a student to each mecber of the department head. Another goal objective is to have Advisor Brodbeck or one of the Youth Co~issioners find a restaurant that will sponsor a dinner for the department heads as well as the students. Advisor Brodbeck passed out an application on Youth and Government Day and asked the Co~issioners to take action on this agenda item with a month in mind. The application is a rough draft, boxes and lines will be added so when the ap~licant reviews it, they would check first and second cho1ces. Agent Pugsley asked that Chief Ecerson be put on the agenda. Councilman Len Moore recomcended adding a "Public at Large Pro and Con". Chair Meservy asked for the opinions of the Comcission. Advisor Brodbeck revealed how the co~ission will be involved. The Youth Co~ission will help her organize this project. She will devise a "do" list that will help quide the Youth commission. Later when goals and objectives are discussed, this will be a project that can be annually done. Eventually she hoped to turn the project over to the Chair and Vice Chair in the following years while still overseeing it. Chair Meservy encouraged the comcission to speak up and communicate during the meeting. ~ -... .;?..< - 6 YOUTH COMMISSION 3 September 12, 1994 . commissioner Noble asked if the whole point of people getting into the positions is to learn ~hat the people do. Advisor Brodbeck said that was part cf it but the main function was to show hoW local goverr;ent operates. Youth and Govern=ent Day will have a seqmer.t where the Youth Commission help applicants devise a "mock" City council . meeting. A planning phase will go with this project. This will probably be in the eye of the cedia, so Advisor Brodbeck recommended a "practice Saturday" if the plan was adopted. The main focus will be going over the "mock" aqenda. councilman Len Hoore helped with plar~in9 the aqenda. If concerns are with a library, subjects could revolve around libraries. other suggestions were t~e homeless, the youth etc. commissioner Noble asked that a brief narrative of each department head or council seat be ad~ed to the handout. That way each applicant will know what each position does and they can choose the top three they would like to "shadOW". . Advisor Brodbeck let the Commission ~~ow that a letter will be sent with the applications t~at is an overview. It will describe what the Youth Commission is trying to do and include application with a brief suc:ary of each position. Commissioner 3amieson asked if these ~ere going to all the schools. Advisor Brodbeck reconfirme~ just hiqh schools. He asked about the process of pickinq the applicants. Advisor Brodbeck told the Commission that it was up to them. The Dean of Students could be assiqned. Advisor Brodbeck recommended that the Youth Commission monitor each high school to check on the amo~~t of applications filled out. Councilman Len Hoore asked what happe~ed if four applicants wanted one position. Advisor Brodbeck said that there will be a choice of three ~or positions. The Youth commission would interview each applicant or if the Dean was involved, then the Dean woul~ s~mit five from each school. Aqent Puqsley recommended that the Youth Commissioners pick each position to go with a school and then rotate annually. Not only would each position be filled but one school could be "the p:-o/con debaters". commissioner Jamieson asked about the distribution of the applications. Advisor Brodbeck said she could mail them or each Youth commissioner could drop the~ off at their schools. . >>'-7 ',' YOUTH COMMISSION 4 Se~te~er 12, 1994 '""'\ Chair Meservy asked if there was an o~tline on qualifications to be given to the Dean since favoritism is shown at times. Councilman Len Moore said that instead of the Dean a government class in school could be the focal point. Commissioner Alfaro recommended the best scholar. out of each grade with seniors being picked in twos. Commissioner Bracken recommended that since a lot of people don't have the governcent class and are in lower grade levels the applications should be circulated through the English classes where everyone gets the inforDation. A Advisor Brodbeck asked if the commission wanted to these applications to the History/English teachers faculty members in general. Co~issioner Jamieson recommended to hand them to the principals to hand out to the teachers and then pass it to the dean. The final decision was to have the letter and application go to the principals' office. A motion to accept the Youth and Government Day was made by Co~~issioner Jamieson and seconded by James Alfaro. direct or the them Advisor Brodbeck will have additional infOrDation in October. councilman Len Moore reco~ended that Advisor Brodbeck send a memo to council to choose a month on the Youth and Government Day. Chair Meservy asked for a motion to have the Youth and Government Day in April. co:=issioner Noble motioned to pass it, seconded by Commissioner Jamieson. D. DiscussioD of Park Safety Questionnaire - Chair Meservy presented the questionnaire t~at was made by ex-commissioner Jocelyn castillo on t~e safest parks in Chula Vista. He asked for an approval on the questionnaire. Copies were passed out to new mecbers. """" commissioner Jamieson asked if this was principle as the school questionnaire. that it was. The Commission approved the questionnaire. Chair Meservy asked Advisor Brodbeck to take it to the print shop. These will be passed out to the schools after Advisor Brodbeck hand carries or devises a letter to the person who handles all the publicity for the Sweetwater Union High School District and Chula vista School District. If the schools approve, these will be passed out. on the sace Chair Meservy said Commissioner Jamieson asked if this will be aimed at the high schools only. Chair Meservy said that not only would it be the high schools but the junior colleges too. """" 02,2 -8 YOUTH COMMISSION 5 Septenber 12, 1994 . . Commissioner Noble questioned Part I, question '2. He said that this will vary ~here the person lives. As the parks move further away from downtown area, they tend to be not as well maintained, less veqetation, etC. He asked if there was a way to i~prove the parks, perhaps takinq the questionnaire to the Parks and Recreation division sd they understand how the youth feel about the parks. AdvIsor Brodbeck said that the results would not only be given to Parks and Rec but also the schools. Advisor Brodbeck commented that she will run the questionnaire past Parks and Rec and both school districts. Aqent Puqsley recommended sendinq a copy to the Chief's office. commissioner Noble motioned to approve the questionnaire and it was seconded by co:missioner Alfaro. Advisor Brodbeck will report back to the commission in October. Chair Meservy informed the Commission that Advisor Brodbeck wanted to add two additional aqenda itecs be added under new business. One will be "Safe haven" the other will be the Youth sucmit. He asked for a motion to be made to approve putting them on the agenda. commissioner Alfaro motioned to put the ltems on this month's aqenda seconded by Vice Chair Wubenhorst. MEW BOSINESS A. youth summit - Advisor Brodbeck asked Chair Keservy to brief all the commissioners on the Youth Summit. He said that the Youth summit last year had chosen youth fro. the city that go to the meeting. It was held at the YMCA on Fourth Avenue. It discussed problems in Chula Vista and ways to solve them. Chair Meservy felt that it was a great experience and asked for volunteers to go to the summit. The Summit will be in early January and multi agencies become involved. Not only is the YMCA involved but the Boys and Girls Club, south Bay community Services, the police Department, and Parks and Rec. It is an opportunity to get the youth toqether and deal with issues they are concerned with. The agencies involved mediate and solve the problems. It is over a short period of time that sub-committees are developed from each agency. A final meeting is held where the results were communicated to the City council. A solution process is developed where the agencies expedite whatever needs to be done and formally is referred back to the council. . )..2 ... 9 '. YOUTH COMMISSION 6 . September 12, 1994 """" Agent Pugsley encouraged the Commission to attend the meeting because the input of the youth is definitely needed. A teen night club is in the process of being completed which is a result from last year's Summit meeting. B. Safe BaveD - Advisor Brodbeck said that the department was given a council referral. The council referral is something that the department needs to look into, respond and send back any information that was gathered to the council. A safe haven is a concept where someone can qo when they are in trouble. City Council asked if Parks and Rec shou d become involved in the awareness of a safe haven. Commissioner Jamieson asked about resources. For example, CAST references send do~estic violence victi~s to a house that would provide shelter, food and clothing. commissioner Jamieson asked if troubled youth would be on the same wave length. Advisor Brodbeck said that after the Mayor had met with a colleague in her department he wanted to reinvent the safe haven concept by qettinq the churches involved. If a youth was in trouble, what would be the youth'S options. Advisor Brodbeck said that this was an info~al introduction to be run past the Commission to qet their ~ support. Later somebody will come back to all the City Commissions to devise a criteria of what a safe haven will be, who will it consist of, who all the players are, etc. Right now a vote to reinstitute the concept of a safe haven is needed. Again, this issue will be presented to all the City Commissions. commissioner Jamieson asked about "runaways", kids that are havinq problems at home. Advisor Brodbeck said that will be addressed once a safe haven concept is approved. Commissioner Nobel said that location must be considered with this project. Commissioner Jamieson made a motion to accept and enhance the safe haven concept. This was seconded by Commissioner Noble. C. vista Youth Commi..ioD - Vista invited the Youth Commission to come up and qo swimminq and have a pizza. The swimminq was postponed due to arrivinq late. Vista and San Marcos Youth commissions met the Chula Vista Youth Commission and talked about Chula vista's qoals and future plans. They covered past projects which included Youth and Government Day, Youth Sucmit and Teen Court. If the Youth Commission ever needed their help they welcomed it. .~ ;/;2 - 10 YOUTH COMMISSION 7 Septe~er 12, 1994 . Advisor Brodbeck ~assed out a survey that the Vista/San MarcoS Youth commlssions passed out to their co~unit~. They thought the Chula Vista Youth Cor.~ission would llke some information on what they are doing. D. Goal. and objective. with the Youth commission - Advisor Brodbeck asked that each Commissioner brinq to the October meetinq ideas on qoals and objectives that the Commission would accomplish this year. Her suqqestion is to limit the Commission to qoals. Perhaps a break down on short term, mid term and lonq term qoals. One of the lonq terms would be youth and Government Day and short term could be the Youth Summit. z. Questionnaire for colleqe, hiqh school and junior biqh _ Chair Heservy will pass this information out at the next meetinq. S:OMMOllICATIONS A. commission Remarks - Chair Heservy presented a letter from councilman Hoore. The letter asks that the Youth Commission take soce money from the budqet and donate it to a qraffiti recoval section. Councilman Hoore let the Commission know that the city of Chula vista spends rouqhly $200,000 a year for qraffiti eradication. $125,000 is in cash and $75,000 is "soft money" which is 5' of time in one department, 10' in another, etc. Councilman Hoore told the police Activities Leaque (PAL) that when they try and raise money for the youth, it is a cocpetition aqalnst all PAL board remembers since it consists of members from the YMCA, Parks and Rec, Boys and Girls Club etc. councilman Hoore felt that it was easier to ~et the $125,000 reallocated. The council passed the POllCY and PAL said they would do the oversite coordinatinq. In order to qet the Youth Co~ission involved, and reach out to the youth in the co~unity, PAL would like to have a volunteer from the Youth Co~ission. Commissioner Jamieson volunteered to sit in on the PAL board for this month. a. Written communications - none. . MONTHLY REPORT A. Park. and Recreation Department - None. a. police Department - Aqent Puqsley let the co~ission know that he sits on the Advisor Committee and Ganq Prevention which discusses problems in the schools and how to make schools safer. . J.,2 ~ 11 YOUTH COMMISSION 8 September 12, 1994 '. Motion was made by Commi~sioner Jamieson to ad~ourn the meeting, seconded by Co~issioner Alfaro. Motlon carried. Adjournment to the regularly scheduled meeting on October ~ 10, 1994 at 6:30 pm. ' Respectfully, Cathy Miller, Youth Co~ission Secretary """'" .......... ,)) -12 . . . Attachment B .' Minutes of a REGULAR MEETING OF THE COMMISSION ON AGING Norman Park Center Conference Room Wednesday 3:00 p.m. September 14, 1994 1. ROll. CAll. Members Present: Commissioners Fabrick, Grindle, Kennedy, Lane, Scrivener and Valdovinos Members excused: Commissioner Hagedorn 2. APPROVAL OF MINUTES The minutes of the June 8, 1994, meeting were approved as distributed. MSUC Fabrick/Lane 6-0 3. REPORTS FOR INFORMATION ONLY a. HUMAN SERVICES COUNCIL. no report b. OUTREACH COMMITIEE . no report c. SOCIAL SERVICES Sharon Morioka, Human Services Coordinator, gave an update of the Social Services programs. She passed around pamphlets to the Commissioners that outline the services that are available at Norman Park Center. d. NORMAN PARK CENTER Meredith Riffel, Recreation Supervisor II, reported on the variety of acthities available to senior adults at Norman Park Center. The intergenerational programs will be expanded by two new ones: 4.H and seniors at Lauderbach Center and 10 Friends at Norman Park Center. 4. ACTION ITEMS UNFINI~HED BUSINESS J.l- 13 '''''-'''......''-.......~J .....""..... y..... 2 Conference Room Januat')! 12, 1994 " a. Star News Subscriptions Commissioner Valdovinos introduced Mr. Tomas R. Agosto, Jr., Circulation Director """" for the Star News newspaper. To give senior adults a discount on a subscription to the Star News, Mr. Agosto is proposing a charge of $1 per year (usual subscription rate is $39.21 per year) to residents of mobile home parks. This agreement will be renewed yearly with each mobile home park. Mr. Agosto would need from the manager of each mobile home park a list ofresidents that would like a subscription. A minimum of 60% of the residents in a park would need to subscribe and 80% of the mobile home parks in the city would need to participate for this program to go into effect. The papers would also be picked up to be recycled when the residents are finished with them. There will be an agreement berween each mobile home park and the Star News for this program. Existing subscriptions would be extended for a year. Motion to accept this program as offered by Mr. Agosto for the Star News. MSC Lane/Kennedy 5-0 (Fabrick abstain due to conflict of interest) NEW BUSINESS a. Safe Haven ~ Sr. Recreation Supervisor Beardsley explained to the Commission the Council Referral concerning the Safe Haven program. This is a program that v.'ill establish safe sites for children to go to if they are in need of help. The Commission felt that this program could be a part of the Norman Park Senior Center outreach program. Motion to support the Safe Haven program. MSUC ValdovinoslFabrick 6-0 b. Goals and Objectives Sr. Recreation Supervisor Beardsley went over the Goals and Objectives that were compiled at the Commission's workshop that was held on September 7,1994. There was discussion concerning having an intern work at Norman Park Senior Center. Commissioner KeMedy supervises interns through SDSU and USD and his knowledge will help with this objective. """" ..2.). --14 . . ~ . Wednesday 3:00 p.m. January 12, 1994 Norman Park Center Conference Room 3 There was funher discussion and revisions made. Motion to accept the Commission's Goals and Objectives as revised. MSUC ValdovinoslFabrick 6-0 c. School Naming Chair Grindle explained that Commissioner Scrivener had suggested that the Commission suggest a name for a new school in the Chula Vista Elementary School District. Chair Grindle felt that it was not the Commission's place to make this suggestion, however it Would be acceptable if each commissioner wanted to individually. 6. COMMUNICATIONS a. Written Communications Sr. Recreation Supervisor Beardsley reviewed the "Dear Crossing" anicle the Commissioners had received and it was decided to put this item on Action Items for the October's meeting agenda. b. Commissioners Remarks The Commission decided to invite Mr. Bill Gustafson, Transit Coordinator, to the October Commission meeting to address weekend transponation options for seniors. Commissioner Scrivener asked whether a new committee would be formed to allocate spaces upstairs at Norman Park Senior Center. Sr. Recreation Supervisor Beardsley answered that there is no extra space available, but that a volunteer could work in an area not being used at the time the volunteer would need it. Ms. Beardsley explained that there would be no new committee, that the existing committee would continue and their role is selecting and evaluating agencies. Sr. Recreation Supervisor Beardsley suggested that space issues would need to be discussed with the Human Services Coordinator. One of her duties is aIlocation of space for second story social service agencies. Commissioner Lane informed the Commission that he will not be at the next Commission meeting because he will be on vacation. d-.:L - 15 Wednesday 3:00 p.m. January 12 1994 4 Norman Park Center Conference Room ""'\ 7. STAFF REPORT She also informed the Commission about the White House Conference on Aging that will be held May 1 - 5, 1995, the A.S.A. membership structure and the game room addition to the shuffle board court building. She also praised the work of Sharon Morioka, Human Services Coordinator and Meredith Riffel, Recreation Supervisor II. The bad news she had for the commission was the removing of two sick Eucalyptus trees in Norman Park. These trees had been in Norman Park since the early 1900's. ADJOURNMENT to the regularly scheduled meeting of October 12, 1994. Respectfully submitted, --., Julia Lindsey ""'" ."z.;2. .......16 . . . Attachment C ", DRAFT MINUTES OF A REGULAR MEETING OF THE CHILD CARE COMMISSION TUESDAY, 6:30 PM SEPTEMBER 6, 1994 PARKS AND RECREATION DEPARTMENT CONFERENCE ROOM ********************.********* CALL MEETING TO ORDER - 6:30 P.M. 1,. ROLL CALL MEMBERS PRESENT: Chair Hartman, Commissioners Gish, pidgeon, Randolph, Stillwagon and Humes MEMBERS ABSENT: Commissioners Cavanah, Johns, Miehls and Tressler Mr. Morris indicated that he had heard from Commissioners Cavanah, who is on vacation, and from Commissioner Tressler, who is sick. It was MSUC (Humes/Stillwagon) to grant Commis.ioners Cavanah and Tressler excused from the September 6, 1994 meeting. Commissioners Johns and Miehls will have their absences recorded as unexcused. 2. APPROVAL OF MINUTES It was MSUC (Stillwagon/Humes) to approve the August 16, 1994 minutes as submitted. ORAL COMMUNicATIONS NONE REPORTS - FOR INFORMATION ONLY 3. Child Care Element Work Program Mr. Morris explained that this will not be reported to the Commission tonight. The Department's portion has not been finalized to date. This item will be brought back before the Commission at the next meeting. The Forum date will be finalized at the next Commission meeting. ;/).. - 17 . CHILD CARE COMMISSION SEPTEMBER 6, 1994 2 AC~'ION ITEMS Unfinished Business """'\ 4. Maintaining Availability of Child Care Facilities (Council Referral #2864) Mr. Morris provided a brief summary of the Council Referral. He explained that the Commission's response may be directed to Council in the form of an Information Item. Commissioner Randolph does not believe that it is the Commission's place to try and find funding for child care in the City. She feels that it is the school district's responsibility to find their own funding. The Commission would like the Sweetwater Union High School District's child care programs to continue and the District look into different sources of funding. Commissioner Gish does not want it thought that the Commission is an information center for funds. It was MSUC (Humes/Hartman) that this Information Item be sent to Council. New 'Business 5. Children's Safe Haven Program "" (Chair Hartman requested that a thorough synopsis be included in the minutes of this item.) Sharon Morioka, Human Service Coordinator for the City, presented the Safe Haven program to the Commission. This is a high priority item of Mayor Tim Nader and he referred this to Parks and Recreation for follow up. This is a concept that promotes programs that provide comprehensive school, health and education components. The idea is to have a place where youth and other community residents can go to seek services or in the case of young children, a safe place to go where there is staff available to help them. The RFP defines a safe haven as "a multi-service where a variety of youth and adult services are located in a highly visible and accessible facility that is secure against crime and illegal drug activity". The preferable location in the RFP is a neighborhood school. The mayor would like to see churches used for safe havens. The direction the Department is taking at this point is to present this item to commissions and other groups for their thoughts on this program. Ms Morioka stated that 7-11 convenience stores and Dominos Pizza stores have a program where children can ask for assistance. Also, the Post Office is wanting to start a program "" .,2.,2 -18 . . . '. 3 CHILD CARE COMMISSION SEPTEMBER 6, 1994 called Child Link that is similar to postal Alert that is for seniors and the disabled. Ms Morioka felt it was important to coordinate all the different programs together. Commissioner Randolph wanted to know what days of the week and hours of the day this program would be run. She pointed out that 7-11 and Dominos pizza could do it seven days a week, but churches may only be available 5 days a week. There may be different times during the week that these places could be used. She also questioned where volunteers would be recruited. Chair Hart asked how children would be made aware of this program and what schools would be involved. Ms. Morioka stated that it would be distributed through different medias. The mayor prefers churches to be used, but at some point schools would also need to be looked at. Commissioner pidgeon asked about the 7-11 and Dominos program and what they provided. She was wondering how these two businesses can provide services. Ms. Morioka explained that their employees have been given a very basic training. These businesses are only a sanctuary for children and they do not offer substance abuse education. Commissioner Randolph pointed out that if the RFP was not submitted and the grant not received, then the City is not bound by the restrictions of having an inter-generational program. It could be started with just a sanctuary aspect. She questioned whether the Mayor wanted the full program started from the beginning. Ms. Morioka explained that the Mayor is interested in getting a few church sites started as a pilot for use as both a sanctuary site and substance abuse education. Training for the volunteers is an issue that will need to be addressed. Commissioner Humes related to the Commission the problems she has encountered with the Child Care Center she works at Cook Elementary School. If the parents are not at the bus stop when the preschool children are dropped off, the children are brought to her child care center. More and more children were being brought to her facility as well as older children. Staff at her facility had grievances taking care of so many children. They had to implement a policy that after three times of being brought to the child care center, the child could not ride the bus any longer. Commissioner Randolph can see problems with the Safe Haven program and asked Ms. Morioka which level she felt most comfortable implementing at this time. She offered to go with Ms. Morioka to the Mayor and point out some of these problems. .J~ - 19 " 4 CHILD GARE COMMISSION SEPTEM2ER 6, 1994 Ms. Morioka felt the pilot program at the churches would not be able to start within the next month. She asked the Commission the following question to get a consensus of their feelings concerning ~ this program. What is the Commission's feeling about the basic concept of developing a Safe Haven Program, whether it be church based or school based. The basic concept being a safe, convenient place for children to go to. Chair Hartman does not think the churches would work with this program because he feels if the church is not directly on the child's way home from school, the child will not stop there if needed. In addition, the volunteers at the church may get discouraged because no children are showing up. Commissioner Gish thought that perhaps this program could be run wi th the Parks and Recreation Department Afterschool Program. There would have to be training for the staff at these sites as well as the information being made available to students at the schools. Commissioner Randolph felt that going through the schools and Afterschool Recreation Program would be the easiest route to establish the safe haven program. Commissioner Humes also felt that using the Afterschool Program would be a way to start the program. Ms. Morioka felt the Mayor's priority with working with the ~ churches would be the same, but that a recommendation could come from the Commission for other sites. Her concern was having different programs essentially doing the same thing and who would be pulling this all together. Commissioner Stillwagon suggested that volunteers from the Neighborhood Watch program be used at the school sites for children who need help and these volunteers could transport these children to designated sites. Chair Hartman felt that the Safe Haven program would only be effective if it were a school based program. He also felt that if there is a problem between children, that both parties would need to be included in resolving the problem. Ms. Morioka told the commission that presentations concerning this program would also be made before the following groups: Human Services Council, Ecumenical Council, Commission on Aging, Youth Coalition and the Healthy Starts groups. The coneeneue of the COJIlIIIieeion wae that the concept of this program ie a good idea. ........ ~j -20 . . . . 5 CHILD CARE COMMISSION SEPTEMBER 6, 1994 6. Amendment to 4-H Latchkey Agreement Mr. Morris gave background information about the 4-H programs at Lauderbach Center and Loma Verde Center. A formal agreement was signed,last year and this year they are bringing to the City an amendment to that agreement. The amendment is for $23,425 and needs the Commission's endorsement. It wa. MSUC (Gish/Humes) to endorse and support continuation of the 4-H programs. 7. Initiating Public Relations Commissioner Randolph stated that for the Child Care Commission become better known within the City, that commissioners should visit other commission meetings, as well as invite other commissions to visit Child Care Commission meetings. This would help the different commissions become aware of the other groups in the City and what issues each group discusses. The other commissioners felt this was a good idea. She requested Mr. Morris send a schedule of all the commissions, boards and committees meeting times to each Child Care Commissioner. Mr. Morris also recommended that the commissioners attend the Boards and Commissions Banquet. OTHER BUSINESS 8. Written Communications The following were received and passed around for the commissioners to review: Childcare Communique for Sept/Oct 1994, Chula Vista Leadership sponsored by the Chamber of Commerce and Profession Development Institute for California City/County Child Care Coordinators on October 26 -28, 1994 in Monterey, California. 9. Commissioner's Remarks Commissioner Humes would like to see the City look into child care for City employees, possibly using buildings that would otherwise be demolished with the expansion of the employee parking lot. Commissioner Pidgeon was introduced to the commission. Commissioner Stillwagon had to leave and since that did not leave a quorum, the meeting was adjourned at 8:15 pm. ).2 - 21 . . CHILD CARE COMMISSION SEPTEMBER 6, 1994 ADJOURNMENT TO THE NEXT REGULARLY SCHEDULED MEETING OF OCTOBER 4, H94. 6 '""" Respectfully submitted, Julia Lindsey, Recording Secretary '""" ""'" )..2 - 22 , Attachment 0 e August 15, 1994 To: Youth Coalition Members Subject: Minutes of Youth Coalition-August 15, 1994 Attendance: Scott Mosher/Jim Robinson(Boys and Girls Club), Diane Carpenter(ROP/Adult Educ.),Sue Manglallan (4-H), Nora McMartin(Library, Frank Long(Red Cross), Diana Chavez/Clorinda Merino(South Bay Comm. Services), Beth Robinson/Mary Jo Buettner(Chula Vista Elem. Sch. Dist.), Annette King/Michelle Perrenoud(YMCA) and John Gates/Sharon Morioka, Rosemary Brodbeck, Sunny Shy(Chula Vista Parks and Recreation). Guests included George Hutchinson(Regional Project Director National Civilian Community Corp.) and David Richardson(Assistant Regional Project Director NCCC). Don Hunter was representing Chula Vista Police Department. The following reflect the information and issues covered at the August 15, 1994 meeting. Any additions or corrections can be made at the next meeting to accurately reflect . decisions and directions that were made at this meeting. I. National Civilian Community Corp A. David Richardson provided a brief overview of the program which described the program to include 4 geographic training sites in Colorado, South Carolina, Maryland and California. B. San Diego's Navy Training Center is the training sites for 12 western states. C. The program is designed for participants age 18yrs. to 24yrs. D. The first class will begin Sept. 7th with participants graduating on October 1st. E. The goal is for teams of 10 to provide meaningful service to communities while receiving learning experience from recipient community agency. F. The tearns provide focused community service for one to three months with ability to extend project as required. . G. George Hutchinson provided information on application process for participants.(See Attachment) H. The Short Form is the preliminarY process that provides NCCC with Project Abstract(2 paragEiphs providing and overview including: ):L-..2 '} . I. objectives/goals, methods, demonstrable results, corps members' tasks) A Long Form will be required if the agency project is given a high priority. ~ , J. Questions were answered regarding joint/multiple agency submittal. II. Youth Coalition Goals and Objectives-1994-95 A. Coalition members were asked to review the Goals and Objectives prepared by sub-committee. The goals were based on Youth Summit information and were broken down into three areas:(l)Agency Goals,(2)Goals Requiring Additional Financial Resources and(3)Goals Needing Systems Change. B. Discussion focused on how the NCCC program could facilitate several of the Goals. It was decided that the CoaFtion would submit three proposals including: oCommunication system for providing information to youth through schools (Beth Robinson, Lauren Tarantino) o Mentor Program through 4-H model(Sue Manglallan, Annette King, Mary Jo Buettner o Youth Employment Brochure(Diane Carpenter, Sharon Morioka, Sunny Shy) c. The Consensus of the members was to accept the Goals and Objectives 1995. The sub-committee will provide draft report on providing organization to the Youth Coalition. """" Ill. Fall Special Event A. John Gates reported the next special event had been planned for October 1st, however, one of the Battle of the B::mds winner was not available. Tentatively the new date will be October 8th. B. Additional Coalition members were requested to work on this sub- committee. IV. Child Link A. Scott reported that a meeting had occurred with Youth Coalition members and representatives from the Fire Department, Police Department, Post Office, Laidlaw, SDG&E and Vista Square School. B. As presented at the July meeting, this program would provide postal carriers as a safe person for children to come to if in trouble. , C. The City provides a similar program (Project CARE) for seniors which also 24 eJ.;)-c2Y . . VI. . " includes Laidlaw, SDG&E and Postal carriers. D. The Youth Coalition has been asked to provide an overview of how such a program could be developed in this community, including working with existing programs that our available through Dominoes Pizza and 7-,11 Stores. E. Several of the Coalition agencies had problems with having so many uniformed persons identified as "safe" people unless there was fingerprinting or other ways to ensure these people were indeed safe. F. Several of the Coalition will meet as a sub-committee to provide the information during the next two weeks. These include Scott Mosher, Beth Robinson, Sue Manglallan, Annette King and Sunny Shy. G. It was also discussed that the Mayor wishes to establish a "Safe Haven" concept in Chula Vista. The discussion included the fact that Chula Vista has this concept established in many agencies and organizations. Sharon Morioka will meet with the Mayor this week and bring back further information. Other Business A. The City of Chula Vista's Park and Recreation Department in collaboration with the YMCA was the r~cipient of one of 10 grants given in the state for a Learn and Serve Program. The program will provide $37,000 to provide a needs assessment through the PRYDE Middle Schools on potential community service activities and begin implementing those activities. The grant is for one year with possible extensions for the 2nd and 3rd year. B. The Park and Recreation Department also submitted a proposal for a CANFit grant for $58,000 that would provide nutrition and fitness activities at the PRYDE Middle Schools, MAAC Otay Center and the Whiz Kidz programs. Additional information has been requested and final information on funding should be available by next meeting. C. The Youth Coalition congratulated and thanked Sharon Morioka on her success in writing and receiving grants that focus on the collaboration and purpose of the Youth Coalit;on. D. Sharon is currently meeting with Coalition staff to set up focus groups for the next Youth Summit. E. Sharon received support and consensus to submit a Grant from Park and Recreation for the Y~th Coalition for National Healthier .:22- ';3 . Cities Award which awards $10,000 to grant recipients. ~ F. Dina reported that she is working on ~ Conflict Resolution training that will be available to all agencies and Sl:e has arranged for Jackie Riley to provide a training in October on Child Abuse/Neglect. G. Frank reminded all members of the Healthy Kids Fair on August 27th at Vista Square. All agencies were encouraged to provide display information on their agencies activities/information. H. Sunny provided all members with a copy of the current Youth Recreation Brochure and requested that agencies review information for updates, changes or corrections. THE NEXT MEETING WILL BE HELD THURSDAY SEPTEMBER 22.1994 AT 10:00 A.M. AT THE OLEANDER BOYS AND GIRLS CLUB. ~ ~ chJ- 26 Attachment E . . September 22, 1994 To: Youth Cc~lition Members Subject: Minutes of Youth Coalition-September 22, 1994 Attendance: Scott Mosher/Jim Robinson(Boys & Girls Club), Mary Jo Buettner(Chula Vista Elem.Sch.Dist.),Ruben Mendez/(MAAC),Clorinda Merino(So.Bay Comm.Serv.),Juan Cervantes(Police Dept.),Jim Cartmi11(Campus Life/Sweetwater H.S.Dist.), Loren Tarantino(Sweetwater H.S.Dist.),Carlos Carrillo(Boys Scouts),Sue Manglal1an1Michel1e Castagnola(4-H)Nora McMartin(Library) Annette King/Michel1e Perrenoud(YMCA),Sharon Morioka/Joyce BeardsleylRosemary Brodbeck/Sunny Shy(Parks & Recreation). Guests included Susan Hiltbrand, Grant Writer for So. Bay Community Services, Nancy Kewin replacing Beth Robinson from the Elementary School District, Denise Sardina from Adult Education, Richardo Anguiano MAAC Project Gang Intervention, Jess Valenzuela, Director of Parks and Recreation and Mayor Tim Nader. The fol1owing reflects the information and issues covered at the September 22, 1994 meeting. Any additions or corrections can be made at the next meeting to accurately reflect decisions and directions that were made at this meeting. . 1. Youth Coalition Operating Guidelines A. A sub-committee has been working on Coalition Operating Guidelines to formalize the coalitions working ability. B. Scott reviewed the Guidelines and expressed the fact that the original Mission Statement had not been reviewed and changed to reflect the new direction the coalition has taken regarding all age youth. C. Points that were discussed included whether youth representatives were included in the Composition of the Coalition. Because of the meeting times, youth have been involved in sub-committees and the Youth Commission receives agendas and minutes of meeting. In the future it is envisioned to have youth representatives attend coalitions as a sanctioned school meeting. D. The length of term office was also discussed in order to assure experienced board members. E. It was the consensus of the membership to approve the final Operating Guidelines with new Mission Statement at the October meeting. F. Other discussion included the possibility of charging members for mailing costs. Additional suggestions included having different agencies doing the mailings and using up to 5% of the $5,000 Coalition revenue to off set administrative fees. It was the consensus of the members to use this funding for administrative expenses. . >>- 27 / . The sub-committee was ash;:: to provide members at the October meeting, a description of the duties of :;lOspective board and sub-committee positions. Also to be included is an estimated time commitment. At the October meeting it will be determined how the nominations of this board will occur """" G. II. Teen Crisis Line A. Todd Durrance was unable to make this meeting but wil1 provide information at the October meeting. III. Tobacco Education Grant A. Information on the Tobacco Grant planning grant including major funding priorities. 1 Reduce Exposure to environmental tobacco smoke 2. Reduce youth access to tobacco products 3. Counteract pro-tobacco influences in the community B. Sharon explained the Letter of Intent had to be submitted for the grant with 30-40 Community Grants receiving funding from $50,000 to $100,000 funding. C. The following agencies wish to be included as panners in this funded grants proposal. 1. 2. 3. 4 5 6. 7. Boys and Girls Club YMCA-PRYDE Program Parks and Recreation Centers -Whiz Kidz TLC Programs SBCS Gang Prevention Program High School Happenings Campus Life ........., D. Sharon requested that all agencies that wish to be included in the grant must provide her with a one page summary of how the agency wil1 implement this program using given criteria and how much staff and non-personnel expenses wil1 be required to operate the program. This must be to her no later than Frida\" October 7th. F. Sharon also provided members with Mini-Grant information available for Tobacco grant money. IV. Grants Update A. The Criminal Justice Grant was not pursued due to information received regarding the significance of including a larger community base outside of Chula Vista. . B. The long form has been submitted to NCCC for one of the Coalition requests to produce two pamphlets of job opponunilY for Chula Vista youth. One showing jobs available that have government subsidy and the other showing agency job information. -"""\ ".p. -,;2 y ~ . C. A letter of intent was also submitted for NCCC assistance in facilitating youth focus groups for Youth Summit. . D. Sue Manglallan reponed the 4-H did not submit for proposal for mentor program. but will submit at a later date if high school students can be brought into the program. E. The application for NCCC to develop a communication network system for youth was also not submitted but the High School District and Elementary School District would like to pursue at a later date. V. Fall Dance A. The Fall Dance will feature the two winners from the Battle of the Bands and two other Christian bands. B. The dance is scheduled for October 22nd. the youth advisories will be meeting with staff on October 3rd. C. The Boys and Girls Club. So. Bay Comm. Services and Parks and Recreation will be providing staff for event. VI. Child Link-Child Safety Project A. . B. C. D. E. F G. H. Scott provided information regarding the status of this project. At the joint meeting of potential panners in this project the coalitions recommendation was considered but it was to decided to proceed with multiple panners not with a pilot mail carrier project. Scott reponed that the Child Link panners would assume the liability of their employees and funher dialogue would be on-going regarding screening employees. It was hoped the project could be staned by October. Discussion included the concept of Safe Havens and Child Link being provided to youth at one time. The coalition still has reservations regarding multiple companies being involved and children being told they are all safe people to go to. Park and Recreation provided a logo for Child Link committee to consider. Mayor Nader provided information on his State of the City proposal to provide Chula Vista's youth with Safe Haven areas including churches where a child could go for friendship and suppon with and where additional referrallhuman service information could be given. I. Park and Recreation is working on implementing this concept with the churches. . VIII. Other Business .J.:J..' 29 " , -,' . A. Flyers for he Conflict Resolution Training were provided. The training is scheduled for Saturday, September 24th from 8:00 a.m. to 4:00 p.m. Many coalitk'l members will not se,'o staff due to involvement with the Bonitafest. The Boys and Girls Club will send .0 staff and Parks and Recreation is sending approximately 85 ~ B. Sue has set up a training for Child Abuse issues on November 16th. More information will be available at the next meeting. C. Sharon requested a review with each agency and a youth advisory member to discuss the Youth Summit. The meeting will take place on October 18th, 3:30 p.m. Agencies will be contacted concerning location of meeting. D. The Parks and Recreation Department prepared an informational pamphlet on the Youth Coalition and ACTION Plan. This will be taken to Washington DC. for a conference and Capitol Hill meeting. The pamphlet will be made available for an coalition agencies. THE NEXT MEETING WILL BE HELD THURSDAY OCTOBER 20.1994 AT 10:00 A.J\I.AT THE OLEA]\l,'DER BOYS AND GIRLS CLUB. ~ ~ ..<..2 -}O CITY COUNCIL AGENDA STATEMENT Item ~~ Meeting Date "-22-94 REVIEWED BY: Status of Negotiations with Baldwin Builders Regarding Affordable Housing and Community Purpose Facilities Obligations Including Requests to Amend Conditions of the Tentative Map and Subdivision Improvement Agreement Relating to Same Community Develop~..n.1Pirector C .s. Planning Director /~ I City Manager-J~ bQ~ (4/5ths Vote: Yes Council Referral No. NoX N/A ITEM TITLE: REPORT: SUBMITTED BY: BACKGROUND: Telegraph Canyon Estates Project, a Baldwin Builders development of 344 single-family dwelling units, has been conditioned to require the delivery of 17.210w- income housing units, 17.2 moderate-income housing units, and designation of 1.5 acres with Community Purpose Facilities (CPF) Zoning. Both the affordable housing units and the CPF zoning are proposed to be provided by Baldwin off-site in SPA One, Village Five of the Otay Ranch Project. Council has directed staff to negotiate an agreement for Baldwin to deliver the affordable housing and CPF-zoned sites taking into consideration the possibility of providing these obligations off-site. After substantial negotiations, staff and Baldwin have reached impasse on significant issues in such an agreement. Baldwin has offered a draft agreement (see Attachment A) which it characterizes its final position and has requested that staff bring the issue to the Council for resolution. Baldwin has indicated that it has non-specified corporate exigencies that require that the Council consider this item at the November 22 meeting. Staff is not prepared to support the offered draft agreement and has significant concerns about several terms in the draft agreement that should be addressed in further negotiations. For example, the land offered by Baldwin for collateral for their deferred, off- site satisfaction of the obligations has just been identified to staff, and the specifics of that land call for additional analysis and negotiation that have not been able to be accomplished in the timeframe available (due to the fact that the land was just identified) To the degree Baldwin is responsive, staff will continue to attempt to successfully negotiate a mutually acceptable agreement prior to the Council meeting. RECOMMENDATION: That the Council consider the report and provide direction to staff regarding further negotiation with Baldwin Builders regarding affordable housing and Community Purpose Facilities zoning requirements for Telegraph Canyon Estates. BOARDS/COMMISSIONS RECOMMENDATIONS: N/A DISCUSSION: The draft agreement proposed by Baldwin addresses the affordable housing site obligation and the CPF zoning site obligation for Telegraph Canyon Estate by offering those sites in the future in Otay Ranch Sectional Planning Area One, Village Five and by offering interim security for the delivery of those sites. This report will discuss the b). ~ -\ '1 .\ ~ ' vo^., Page 2, Item.;:)3 Meeting Date 11/22/94 proposed terms for delivery of the two sites and will discuss the concerns of staff and the City Attorney on a number of issues. Attached for information is a memorandum to Council, the City Manager, and the affected department heads from the City Attorney regarding his concerns with the proposed agreement (see Attachment B). His concerns entail the adequacy and salability of the offered collateralizing land, the need to address the fact that the location of the proposed three-acre dedication for housing is not currently in the City, the fact that Baldwin wants to defer delivery of the housing and CPF-zoned sites for five years, and the general impacts of negotiating such agreements in a City Council Meeting. His recommendation is that the Council not approve the agreement as proposed by Baldwin and that the Council give staff general direction on negotiation points and send both parties back to the negotiation table. Affordable Housing Site: Overview: The City's Housing Element requires that subdivisions larger than fifty dwelling units provide 5 percent of those units as affordable to low-income households and 5 percent of those units as affordable to moderate-income households. When applied to the 344 units in Telegraph Canyon Estates, that requirement is for 17.2 low-income units and 17.2 moderate-income units. Given the character of the Telegraph Canyon Estates development, it was determined that the densities required to make low-income housing feasible could be more easily met in the Otay Ranch project. As a result, the Council approved Condition No.6 of the resolution approving the SPA Plan, which offered the option, at the Council's sole discretion, of accepting the dedication of a minimum of three off-site buildable acres for the provision of the low- and moderate-income housing obligation. Condition No.6 recognizes that the off-site contribution could be in the Otay Ranch project, but does not stipulate it. It also leaves open the Council's authority to require performance on-site or through other means, such as in-lieu fee payment. Aareement and Issues: The proposed agreement calls for a contribution of three buildable acres in Village Five of SPA One of the Otay Ranch Project. The three acres must be delivered by Baldwin within five years of the date of the agreement. To secure the obligation in the meantime, Baldwin would provide the City with Deeds of Trust on unencumbered property elsewhere in the Otay Ranch Project. When the affordable housing site in Village Five is delivered, the Deeds of Trust on the substitute property would be conveyed. If Baldwin Builders did not provide the site within the five year period, the City could foreclose on the Deeds of Trust and use the proceeds to effect the affordable housing in some other way at some other location. The three acres would satisfy both their low-income and moderate-income housing obligation. The significant issues pertaining to the proposed agreement and Telegraph Canyon Estates obligations in general are as follows: 1 . Timing of Delivery of the Affordable Housing Site and the CPF-Zoned Site. Baldwin Position: Sites to be delivered within five years. Staff Position: Sites to be delivered within three years. The Housing Element calls for the affordable housing units in a development to be delivered at roughly the same time as the market units. This cannot happen d-3" .;L Page 3, Item~ '3 Meeting Date 11/22/94 under the terms of the Baldwin-proposed agreement, since the proposal is to provide the affordable housing site in Village Five of SPA One of the Otay Ranch Project. SPA ONE of Otay Ranch is not annexed into the City at this time and does not possess development entitlements. The projected schedule for obtaining those entitlements is three to five years. Baldwin Builders indicates that there are no practical alternatives available to them for contributing the required housing and CPF-zoned sites off of the Telegraph Canyon Estates property; they own no unencumbered property other than the property offered for security, and they are financially unable to acquire other property in the Eastern Territories. It is staff's position that Baldwin should be given a reasonable period of time to deliver the required units in Village Five, and that if they do not perform in that timeframe, the security asset should be foreclosed on and the revenues used to develop the housing in some other manner Baldwin indicates that it could reasonably be five years before the multi-family sites in Village Five, the first village to be developed, would be buildable. However, it is staff's position that five years is too long to wait for the Telegraph Canyon Estates performance obligations. The City's Otay Ranch Project Team estimates that the Otay Ranch Village Five schedule for development has a range of three to five years from now Staff feels that the low end of that range would be an appropriate delivery date, thereby motivating Baldwin to address the provision of the affordable housing and CPF zoning. 2. Amount of Developer Contribution to Delivery of Affordable Housing Units. Baldwin Position: The three-acre site is more than adequate to value to deliver the required 17 2 low-income and 17.2 moderate income housing units. Staff Position: Staff concurs with the Baldwin position. Council-Expressed Concern: Is the contribution of three acres of land sufficient to deliver the required units without additional subsidy from the developer? When the previous subdivision maps for the project were approved by the Council, Council members questioned whether the dedication of three acres of land by Baldwin was sufficient to accomplish the required affordable housing, or if additional subsidy should be required of Baldwin or would be necessary from the City A number of pro forma have been run to answer this question. The conclusion of the analysis is that the land contribution alone would allow the development of a low-income apartment project or a moderate-income for- sale project. However, the projects analyzed are at the top level of those afford ability categories. In other words, the rental rates are affordable to families right at 80 percent of Median Income, but not much below that level, and the for sale project does not extend substantially down into the moderate income band. In fact, the rents in the apartment project would not be substantially different from market rents. d.3,3 Page 4, Item~3 Meeting Date 11/22/94 In order to make a real contribution to affordable housing, most subsidized low- income affordable housing projects today attempt to serve families in the range of 50 percent to 60 percent of Median Income, which is typical of a project receiving low-income tax credits. To reach that affordability level, which staff feels is important for a project developed in pursuit of public policy goals, it is necessary to extend public subsidies. Extrapolating from a pro forma analysis of another, much larger, low-income tax credit rental project under study, where the land is contributed by the developer at no cost, it could be assumed that additional public contribution might be required in the range of $400,000 to $500,000 to build a 54-unit development (roughly $7,400 to $9,300 per unit, respectively), which would be a reasonable project size for a three-acre site. The public subsidy amount is not an exceptional level for projects of this type. Staff feels that the dedication of the three-acre site by Baldwin is a substantial and reasonable contribution for two reasons. First, the Housing Element contemplates a partnership between the developer and the City to bring all available resources to the delivery of affordable housing. The developer has the absolute obligation to deliver the required affordable housing. The City has the good faith obligation to assist with resources as available. It is reasonable to expect the City to bring its specialized housing assistance funds to the project, especially in light of the fact that the participation of such funds will help to alleviate negative price impacts on the market rate units which could result from a higher burden on the developer to deliver the affordable housing units. Second, the dedication of three acres by Baldwin significantly exceeds their affordable housing obligation. Telegraph Canyon Estates needs to provide 17.2 low-income units and 17.2 moderate-income units, for a total of 35 (rounded up) affordable units. It is likely that the dedicated affordable housing site would be able to accommodate 50 to 60 units, and the land contribution would create the opportunity to develop a truly affordable low-income rental project of that size. Additionally, some of the product types being sold at Telegraph Canyon Estates are priced in a range that they constitute moderate-income affordable units anyway 3. Quality of Interim Security/Land Offered to Collateralize Performance. Baldwin Position: Security land is adequate and salable collateral Staff Position: Security land was very-recently identified and its character raises issues that need further analysis and negotiation. This concern is discussed below, since the security pertains to both the housing site and the CPF-zoned site. Other Considerations: It is important to note three other considerations. The first is that although the site would be dedicated to the City, it would be possible and likely that the City would contribute the site to a non-profit housing developer to facilitate a desired future project. Owning the property at the inception of negotiations with such a developer d.~ -~ Page 5, Item~ Meeting Date 11/22/94 would give the City a desirable level of control and would allow the City to meet the requirements for local government matching contributions involved in some subsidy programs. The second consideration is that satisfaction of the affordable housing obligations of Telegraph Canyon Estates in the Otay Ranch Project does not impact the affordable housing obligations of the Otay Ranch Project. Otay Ranch has its own performance requirements of 5 percent low-income and 5 percent moderate-income housing (1,489 low-income units and 1,489 moderate-income units based on a working number of a total of 29,773 units) that will not be affected, and sufficient multi-family density exists in Otay Ranch to accommodate the Telegraph Canyon Estates and the Otay Ranch obligations. The third consideration is that there is no guarantee that the Otay Ranch SPA One will be annexed into the City of Chula Vista, and therefore that the affordable housing site (and the CPF-zoned site) will occur in the City of Chula Vista. If the affordable housing units were developed in the jurisdiction of the county, rather than in the city, Chula Vista would not get the credit for those units in its Regional Share performance, which performance the Housing Element Affordable Housing Program is designed to address through the 5% low-income and 5% moderate-income requirement for subdivisions over 50 units. It is essential that an incentive to annex to Chula Vista is created by including in the final agreement that it would be a condition of default of the agreement if the annexation of SPA One is not diligently pursued or is denied. That condition of default would accelerate the duty to perform and the City would have the right to sell the collateralizing land and use the proceeds to pursue the satisfaction of the housing and zoning obligations. Community Purpose Facilities Site: When the Sectional Planning Area Plan for the Telegraph Canyon Estates project was approved, the developer was required, in accordance with the City's Community Purpose Facility (CPF) Ordinance, to designate 1.5 acres within the project as a site for Community Purpose Facilities, such as churches, schools, community centers, and the like. In conjunction with approval of the Tentative Map for this project, the CPF requirement was modified to allow the applicant to either provide the CPF site within the Telegraph Canyon project, or to provide it within the first village of the Otay Ranch project. The applicant was further required, as a condition of the tentative map, to record a Covenant against an appropriately-sited 1.5 acre parcel within the Telegraph Canyon Estates parcel to restrict it to use as a CPF site in conjunction with the recording of the fourth final map on this project; said Covenant has been recorded. The applicant is now requesting that the Tentative Map condition (Condition No. 68) and corresponding Subdivision Improvement Agreement be modified to allow the applicant to secure future designation of a CPF site in the first village of Otay Ranch through the same Agreement referenced above in regard to their affordable housing obligation, and thereby allow them to remove the Covenant from the 1.5 acre parcel within the Telegraph Canyon Estates project. The applicant is proposing that the same parcel on Otay Ranch be used to secure both the CPF and affordable housing obligations. ~~-s Page 6, Item d.3 Meeting Date 11/22/94 Quality of Interim Security: The property that is offered through Trust Deed to secure Baldwin's delivery of the affordable housing site and the CPF-zoned site is Parcel 3-1 of Otay Ranch Village 11 (see map, Attachment C). It is an undeveloped parcel of 109.84 acres. It contains coastal sage scrub and is habitat for observed gnatcatcher, cactus wren, and sage sparrow. Given the environmental constraints, the property is anticipated to be undevelopable, and it is identified in the Otay Ranch GDP/SRP for inclusion in the permanent reserve system that entails over 11,000 acres of Otay Ranch and a total of 35,000 acres is a proposed preserve/corridor system. The property has been appraised for Baldwin by Dore and Curry, Inc., on October 27, 1994, utilizing Brian J. Curry, MAI,SRA. The appraised value is $900,000, based on use as mitigation lands. The appraiser uses the sales comparison approach and arrives at a mid-range value of $8,200 per acre. The appraisal is available for Council inspection at the Community Development Department. The prevailing value of the three-acre affordable housing site is estimated at $200,000 per acre, or $600,000 The value of CPF-zoned land is more difficult to estimate in that the applicant is only required to designate the site through appropriate zoning as a CPF site, and not to donate it. Staff has estimated the cost of this obligation at approximately $100,000 This CPF value is arrived at based on the following presumptions: improved, buildable residential land in the area, which would be the source of land to be rezoned to CPF if the Otay Ranch site were not delivered and had to be obtained elsewhere, is valued at approximately $200,000 per acre; the CPF-zoned site is required to be 1.5 -acres, which would therefore have a total residential land market value of $300,000; if the City had to rezone existing residential property to CPF zoning in some other subdivision, that developer would have to be compensated for lost value, the fair market value of CPF-zoned land is not readily identifiable, with opinions ranging from commensurate with residential value to one-half or less of residential value; a "safe" assumption has been made that the value loss in converting residential property to CPF-zoned property would be about one-third, which on the subject 1 5 acres would be $100,000. The $100,000 cost identified above, then, is the amount of compensation that the City would have to pay to a property-owner required to rezone to CPF to satisfy this external requirement. Therefore, the combined value of the Baldwin obligations for the housing site and the CPF zoning is $700,000. It is felt that the collateral property should exceed the value of the obligation by a minimum of 1 30 percent in order to protect the City from potential market-value erosion over the three-year period of collateralization. That would require the collateralizing property to have a fair market value of $910,000. Given the appraised value of $900,000, the subject property is judged by staff to be adequate. However, issues remain to be explored and negotiated regarding the actual salability of the property and the impact of selling the property for mitigation by the City on the Otay Ranch Project. The subject property has been identified as the most likely, highest priority property to be conveyed to the City as permanent open space in the anticipated Conveyance Plan of the Resource Management Plan (RMP) As anticipated, the subject property would have to be dedicated to the City as open space in order to satisfy the RMP requirement to obtain the entitlements to SPA One, including Village Five. This creates the distinct possibility that the collateralizing encumbrance on the subject site would have to be transferred to another property for the developer to obtain the entitlements that would d. 3> -{p Page 7, Item ~:l Meeting Date 11/22/94 allow the delivery of the affordable housing site and the CPF zoning. No other candidate collateral sites have been identified by Baldwin. Alternatively, Baldwin would have to identify another property that would be acceptable as the open-space contribution required to comply with the RMP to obtain entitlements to develop Village Five. Additional negotiations need to establish and memorialize the ineligibility of the 1 09-acre site for conveyance through the RMP and identify the opportunities for substitute RMP sites. Summary: Negotiations between staff and Baldwin have made significant progress on a difficult issue. Staff has been responsive throughout the process. However, as illustrated above, substantial staff concerns remain which make the proposed draft unacceptable to staff and the City Attorney, and last minute proposals by Baldwin raise questions that have not yet been able to be answered. Staff is optimistic that the issues could be positively resolved between the parties and that impasse is not necessary in the context of a deliberate, timely negotiation environment. Rather than negotiating the agreement in the City Council meeting, it is staff's recommendation that the Council give direction on the significant issues identified and direct staff and Baldwin to return with a fully-negotiated agreement. At the same time, staff is continuing to attempt to make progress with Baldwin in working out solutions to the outstanding issues with the goal of possibly providing a mutually acceptable agreement to bring forward at the Council meeting. FISCAL IMPACT: The draft agreement proposed by Baldwin would create the obligation on Baldwin Builders to dedicate a three-acre affordable housing site currently valued at $600,000 and to process a CPF-zoned site valued at $100,000. Collateral would be given to the City which is currently valued at $900,000 If the City ultimately participates with a non-profit developer in the development of affordable housing on the site, it is estimated that the City would likely have to contribute the property to that development and make an additional financial contribution of $400,000 to $500,000 Attachments IBBIC:IWP51ICOUNCILI1 1 3SIBALDWIN.1 131 d. ~ _"'/~3 -I J.. .SENT BY: LFH&S SO ;11-17-84 ;10:36AM , (618)235-3541'" 6184765310,# 2/ 6 ATTACHMENT "A" AGREEMBNT TO CONVEY AFFORDABLB HOUSING SrrB AND PROCESS COMMUNITY PURPOSE FAcn..m:es SITE (Telegraph Cwiyon) 1biJ Aplemem to Convey Affordable Housioa Site and Process ('~unity Purpose Fac:lI.Itiea Site (hcRmtcr "Agreement") is made thfs day of . 1994. by and between lHB CITY OF anJlA VISTA. Califomfa ("City" or "Grantee" for rcoording purpolleS onIJ) and Baldwin Builders, a Califom/a COl p.alltion ("Developer" or "Gnmtor"), w.Ith reference to the facts set forth below, which reci1a1a constitute a part of thls Agreement. RECITALS A City and Otay Vista AssoclatC8, a Califomfa limited partnc:nbfp ("Otay Vista") entered in10 that certain Supplemental Subdivision ImprD\'ell1el1t Agreement, datod_ . 1993 ("T~ Asreoment") regarding certain real p1c.pe1 ty kx:atod in Chula VIsta, Califomla, lllI dcsa.ibcd therein ("Property"). The Properly is now owned by Developer, III SUCCC88Ol' in interest to Otay Vista, and is part of a project CX)t\Tmnnly known as Telegraph Canyon Eltatea CTelegraph Canyon Project"). B. Among ather obligations, Condition No. 68 of the Imp.rovmnent Agreement requiJes tho owner of the Property to process an application Jeeklng the (re)zcnfng of real property 81 a Communily Purpose Facilities Sfte. C. On August 25, 1992, the City adopted Resolution No. 16768 ("Reao1ution") regarding the Telegraph Canyon Project which, umODg other things, approved and impaled amendments and WndftlO11ll 00 the Telclfllph Canyon Sectional PIA~ Area Plan. Under Condition No. 6 of the Rll8Olution 8J e.....n<lcd (''Condition No. 6j, Dew:1oper is required to reach an aJRlCllDent with the City regarding the provision of affordable housing prior to the approval by City of the final IUbdiviJfon map for the Telegraph Canyon Project. D. Developer Blso 0WIIIl and iJ currently proceasing with the Cily entitlements for the development of real property commonly known as the "Otay Ranch Project," located within the County of San Diego (the "County"). The applUY~ Otay Ranch Project General Development Plan contemplates and autborizal the eventual development of a Cnnnnunity PUIpOSCJ Facllitica Site witbfn SectfonaI Planning Area One thereof. B. The partlca now dcalre to provide a means to satisfy in the Otay Ranch Project the Dove1opc:r's (i) affordable holl8lns obJigatiODJ as set forth In Cnndltfon No. 6 or the Reso1u1ion, and (n) obligations with respect to Condition No. 68 of the Improvement Agreement. 11/10/94 .;).s ..~ SENT BY:LFII&S SO :11-17-94 :10:36AM ; (619)235-3541-+ 6194765310;# 3/ 6 NOW, THERBFORB, In excbange for the mutual COYf:IIlIJI.1I, terms and conditiODll herein contained, the paIiieI agree III Bet forth below: 1. S~tiafgP.tloQ of A fl'nrtboble HouRI", Ob1/....ticm. Dcvc10pcr .ba1Illltisfy Condition No.6 of the Resolution by dedicatiq to the City not leu than tbree (3) buildable acres of real property within the Otay Ranch Project SectIonal flAnn/'ll Area One, VllJase Five in a lacat[on and of B character J'CIIIOIIabIy satisfactory to the City (the . Affordable Housing Site" or "Site"). The Aft'ordable HOlJIIna Site shall be conveyed to the City In B roush sraded c:onditlon with ltubbed utlIitiea provldcd at the She boundary. at Developer's lICllc COlt and ~1ICl, not D10nl than five (5) years foDowing the date of this Agreement ("Site Conveyance Date"); prorided that in the lllICIIt the City appnM:ll llJI Affurdablc Housing Plan for ScctionalI'laJuJing Area One, Village Five which contemplates conveyanc:e of the Affordable Housing Site on a date subsequent to the Site CoDVCl)'llJlCC Date, the tC1'Dl8 and conditions of the Affurdable Houaing Plan sha11 govern. 2. Satisfaction ofImmovement A2rec'1)cnt Condltlon No. 68. Developer shaD IlItislY Improvemellt Agreement Condition No. 68, as set forth in Paragraph 15 of the Improvement Ajreelnent, by mAking application with appropriate government agencies Including the City, and ~t1y processing (i) the lIlUlf:IBtion to the City of the Otay Ranch Project Scc:tional PlaDnJng Area One, ViI1age Five, (Ii) pre-mning for Sr...tlonaJ plAnning Area One, ViIIap Five, and (iii) Sectional Planning Area One approval In a<<Ol'dance with the approved Otay Ranch General Development Plan, the Community Purpose Fac:lHtiea Site within SectloDal Phmnlng Area One, VIllage Five shall be not leu than 1.5 llCmI appropriately "-'pted and configured in a location and of B character rCllllonably aatJstactory to the City. If Sc:c:tIonal PI8miing Area One IllUI110t be lIJ1IIeXCCI to the City, then the Davetoper may be given the option, at the City'llllO]C discretion, to satisJ)' Condition No. CiS b)' providing a Community PuJpoae FaclUtiel Slte in the IlIIIIIC location under the jurisdiction of the County. 3. SecurIty for Perfi:mnanlle of Ob]lptlons. To ICCure the pcrfonnanee of the Developer'. obligations contalnfld in Sectious 1l11lC12 above, Developer &haJl record one or more "Deed of Trust and ,.~-qJeDt of Rent&," subItantially in the fonn attached hereto 81 ExbIbit -AD (hareaftcr "Trust Deed(s)''), against lots within the Otay R8DIlh Project descrlbed on ExhIbit ''8" attached hereto and incorporated herein (the "Sec:ured Loti"). Developer ahaIl provide the Citywith a preliminllJ)' title report and appraisal for the Secured Lots. The value of the Secured Lo1l shaD be sutIic:ient to adequately secure the performance of Developer's obllgationa herein in the sole discredon oftbe Qty. Developer may record multiple Trust Dccd(1) on diffe11mt 1ot(1) to separately secure its obligations under Sections 1 and 2 hereof. Bach Trust Deed lCCu&dt.d aban expressly state the performAnce obliptioa it is Intended to secure. Altematlvely, DeveJoper may record a &Jnalc TrUlt Deed and ~l'lllilV'"te the particular loti intcDded to secure pcrfonnanc:c of the distinct obliptions con1aiMd In ScGtiona 1 and 2 bcn:oL Upon the wrltten request of the Developer, the City shall ClOIIIClDt to the transfer of the Trust Deed(s) to other lot{s) owned by Developer wfthln the CIty provided that the rcp]allClDent lot(s) adequately secure(s) 2 11/10/94 ~s-9 -SENT BY :LFH&S SD ;11 -17 -94 ;10 :37AM ; (619)235 - 3541- 6184765310 ;# V 6 rmance of Developer's unsatisffed obligations hereunder in the solo dismv ion of the 4. EWM of The Trust Dead(s) recorded io setae performance of the Developer's obligation with respect to Condition No. 6 of the Resolution shall be released and reconveyed, or partially released and reconveyed in the event a single Trust Deed secures the performance of multiple obligation&, promptly following the conveyance to the City of the Affordable Housing Site in accordance with Section 1 above. The Trust Deed(s) recorded to secure performance of the Developer's obligadon mth respect to Improvement Agreement Condition No. 68 shall be released and raconveyed, or partially released and reconveyed m the event a single Trost Deed secures the performance of multiple obligaftuk Promptly following the approval by the City of My Ranch Sectional Planning Area One and its Mention iwto the City in accordance with Section 2 above. 5• Developer shall be in default of this Agreement by its failure to (0 Process necessary application(s) and make all reasonable efforts to convey to the City the Affordable Housing Site in accordance with Section 1 hereof, and/or (ii) Process necessary application(s) and malts all reasonable efforts to secure annexation to the City and approval of Sectional Planning Area one, village Five of the Otay Ranch Project in accordance with Section 2 hereof. In the event of defauh, the City shall provide the Developer with written notice describing the nature of the default Developer shall have thirty (30) days from receipt of said notice in which to cure the default or, in the event the default cannot be cured within the thirty (30) day period, to promptly mate an reasonable efforts and diligently pursue the cure following the expiration of the thirty (30) day cure period. In the event the Developer faib to cure the default in a timely fashio% the City may Pursue all rights and remedies afforded under the terms and conditions of the applicable Deed of Trust(s) given to secure performance of the defaulted obligation. In the event of default and subsequent foreclosure by the City pursuant to the Deed of Trust(s), the parties shall review the effect of the foreclosure upon the Developer's compliance with the Otay Ranch Resource Management Plan Developer shall take appropriate action, if necessary, to maintain Sill compliance with the Resource Management Plan. 6. B9105e of Cwt Promptly following the execution of this Agz=mca4 the parties shall execute and record such instruments and take an reasonable steps necessary to remove from title that certain'Declaration of Covenant Running with the land" dated May 3, 1994, and recorded May ]2, 1994, in the Office of the San Dien County Recorder as Document No. 440316513, by and between the parties hereto which currently encumbers the Telegraph Canyon Project. 7. Ajadjag&& No modification, waiver, amendment, discharge, or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change Is or may be sought 1 IT' �.3 -10 SENT ay: I...FH&S SO ;11-17-84 ;10:38AM ; (619)235-3541'" 6184765310;# 51 6 8. Aftn""""" F- In the lMl1It either party Ihall irlRitute any aedoJt in c:onnectfcn with this Agreemcmt, the prevallIaJ puty ahaD. be cntl&d to recover from the other party aU of ita costl of action. inc:luding without limitation reuw-bJc a~too1oJa' foeI. 9. Satfsfactlon of Resolution Omdition and ~ment .Alrreernent Condition. The part/IlrI agree that the performance and utlnAMinn by Developer of the terms of this Aareemcmt IIhaD ~ full and eomp_ latlsfac:don of (i) DIlveloper'I affordable housm, obHptkml pumant to t"'nadition No. 6 of the RCI01uticm, and (ll) Condition No. 68 of the Imp.ovoment ~t. CIty qrc:c;a to provide written wrification of Dcvdopcr'a ..tJafaction of the oblfptfo.ns set forth in Sections 1 and 2 hereof promptly upon the lIllt:isfactIon of each condition. 10. Nntl...... UnIcu otbe1wl8e provided herein, amttoI and adminiatration of tbfs Agreement BhaII. be vClled in the DJreaor of Cnrnmunity Deve10pment of City III to CJty'. interest herein. Any cxmnnnnlcationa relative to the terms or conditions or IlII,Y l!Mllp thereto or any DOtk:e or notiCOl provided for by this Aarccmcot or by law to be given or served upon eitbec parIy hereunder may be given or aervecl by peIIODIIl delivery or by certf6ed or resiltcred mall, depositecl in the United StateI mail, poIta&c prepaid and return receipt requClted, or by F~ Expr_ or other mnilar ovemlaht dellvety service and addressed to the party for whom intended, sa foJ1owB: To City at: City of Clula Villa Community Development Department 276 Fourth A~ Cnlla Vlsta, CaIfornia 91910 Attu: Director of Community Dcveloptucnt To Developer at: Baldwin Builders 11975 Bl Camino RcaI, Suite 200 San DIego, Callfornla 92130 Attn: Teteerapb CDyon Project MATlAlJ'" Any party bercto may from time to time, by written notice to the other, .........,."te a different addtcu whid1 shaI1 be substttuted for the one above specified. UnIea otherwlle speclfloaJly pnJYfded for herein, aU notices,. payments, demands or other tromJIIUIlir.atloIII given hetoundor abaIl be in wrIting and shall be deemed to have been duly given and recelved (i) upon pcrlIOIIIIl delivery, or (u.) sa of the third blldn...JI,ll day after 1IUIrn.,g by UDitcd StatCl regiaten:d 01' certiflcd mail, retum receipt ~ pol. prepaid, IIddRlIIIICd sa set fOrtl1 above, 01' (fif) the im~cJy Bl~ bn.mess day after deJXll!t with Federal Ellpreaa or other equivalent overnight deIiveIy I1'tem. 4 11/10194 d-5..11 ~ BY:LFH&S so :11-17-94 ;10:38AM ; (618)235-3541-> 6184765310:# 61 6 11. ~ m ~'r-f~ All termII of thlIl Agreement sbaJI be bindina upon, inure to the benefit of and be enforceable by the partiea hereto and their auc:cenom and 8up 12. BntlreA,rccmcnt ThIa AareementcontaiDa the entire agreement between the psrtfClll relattna to the trllDl8Ctiona contemplated hereby and all prior and contemporaneous agreements, 1IIIdentandiDp, Jepi : fllllltatiolll.nCJOtial;lonl and ltatementa, onl1 or written, are bcrc:by mpeneded and merged. Into tbIs Aareemeat. 13. Goveminl!' Law. This.Agreement ahall be perned by and conatrucd under the !awl of the State of CaIifol'Dia. This Agreement 8baD be deemed made and entered Into In San Diego County. 14. ~hlll\J. In the _t that lID)' phrase, c1aUlC, sentence, parBIJ1lpb, section, Brtic1e or other portion of tbfs Agreement sbaIl ~'Be illegal, null or void or againat public policy, for any reIIIOD, or shaD be held by any court of competent juri8dictloD to be mepl null or void or aphl8t pub& policy, the remaining portions of thls Agreement shall not be affected thereby and shall remain in folCll and effect to the ruDest extent pel'DlillJ'ble by Jaw. 1S. CountemllrtL This A8r~t may be executed in c:ountcJpar1s, each of wbiclI, when taken together, shall constitute fully e:lCCUted orlglftOlJ$. IN WITNESS WHEREOF, the parties hereto have aaUllCd thls A&reement to be eecqfed 81 of the day and year ffrat hereiDalxJvc set forth. CITY: By: av of Clula Vista DEVELOPER.: BAlDWIN BUILDERS, a CaIifmnla corporation '11m Nader, Ma,or By; Name: Title: Attest: By: Beverly Authelc;t, City Cert Name: ntle: AppnM:d 81 to Form: Bruce M. Boopard, City Auorncy s 11110194 ~ ~ - Jd--. t-t.,. r ~ I Ifi! ~ I ~ nil I !I nd nl i liP; i if f ~ llQ ~ i' Q [= E I~ dl [I I d-J 1: lP J ~ ?' ~ I i in f i ~ I l ~i.r Roo I t i .t ~~!; i' II .. ~ .":- & ~~ ...- "'1 .. f ~ .....u. i ~ ~~~ -- ~ I I ~~ 0 ~~I I I I _~oo ;::;8 :! l '" .... ::I", -r ~I r- ;;; -... .., i .. ~= ~ 0 ~ t "'t" !' - ;; ,i' ;ll> .. ~ >2 ",= tole: :l ..'" ~ I, ... ..~ - ." .;.tol fit' ...... - - '$ ~-~ f .. li' 00 00'" ... - '" I I I I I I I 00 ..8.. ."K "'''' '" , .....= .. '" - o~ ... .0 ... .... ~o-! .:. t< "'.. ~I tol", !1' -. "'o-! ... i= i "'.. '" ("l 00 ;;,i' ... t!'" > 2 ~ I, ... ~~ 'b ... .... '" f 00-, .. - , , , , . N OGUIN '" , ..... , .... = , , , . , 1M _~....a '" . ."" l:< ~I r.t~ ~ ii-a ... ~ ;;'j' ~~ - 00 ~_ ... P:- f 'b "'''' ;::; - ~ -eoo - ... - .. -- i;; 1s:~~ 00 ~~~ '" - i~~ ;::;8 0 00 .. ..c _ Ul ....a ... = ... ... 00 o-!! [~: -" ~I .. !::l ~ g. ~ :::; ;; ,i' ... d.-3 - r~ ATTACHMENT "B" From the Office of the City Attorney ci ty of Chula vista . Memorandum From: Bruce M. Boogaard, city Attorney ~ Date: November 17, 1994 To: Honorable Mayor and Council John Goss, City Manager Chris Salomone, Community Development Director Bob Leiter, Planning Director Baldwin's Proposed Telegraph Canyon Estates Affordable Housing and Community Purpose Facility Re: This is a summary of my legal concerns with the proposed draft Baldwin prepared agreement. Included are proposed solutions. 1. Promise of acreage is vague. The promise of acreage is not site specific and is therefore vague; it is probably not specifically enforceable. There is no duty to provide any specific site, just a general agreement to provide three acres somewhere in Village 5. It will not be specifically affordable, so where is the security to require performance? Solution: Give City adequate security. 2. The Security Land May Not be Salable. The property they propose to give us as security (109 acres of coastal sage scrub and protected habitat) for the duty to provide the low income acreage is and will only have mitigation value of about $.25 per square foot. By the Otay Ranch GDP, it is already encumbered with a open space dedication requirement for which they will claim credit in the otay Ranch Project. If we were forced to foreclose on it, we could only sell it for mitigation land, and only if the US Fish and wildlife Service and/or Fish and Game will recognize it as having a potential for off-site mitigation. Because it is dedicated in the Otay Ranch Project as open space preserve, it will essentially be unsalable for mitigation credits elsewhere because the USFWS will say it has not additional value not already imposed on it. ;)'a --1,/ Solution to Worthlessness Problem: This could be remedied if this parcel is removed from the encumbrance of the Otay Ranch Resource Management Plan's Conveyance Program before it is given to us as security. Baldwin would have to come up with another 109 acres of CSS property elsewhere at their own expense unless we release it from the duty to convey it to us. 3. If remedied, the Security Land is Barely Worth the Cost of the Obligations to Build Housing and Dedicate CPF Land. That value of the 109 acre Security Land, per a Baldwin appraisal, is about $900,000 now. We assume, for now, that is true. The duty to provide 17 low income housing units is a cost of about $600,000 (17 units times $35,000 per unit). The approximate cost to provide the Community Purpose Facility site is about $100,000. The total cost of their duty is about $700,000. If there is a default in either the low income housing promise or the CPF promise, we would sell the mitigation land to a developer who wants to develop elsewhere in the County, and use the proceeds to subsidize the housing and buy the CPF site in town. If the market for mitigation land slides, or the cost of producing the 17 low income housing units and buying the CPF site increase, the 109 acres may not be able to "fetch" enough money to subsidize the construction of units elsewhere. Comparing the costs of the obligations now to the current value of the Security Land, there is a 77% "loan ($700,000) to value ($910,000) ratio, which for the purposes of this transaction, is probably adequate, although "thin" in the commercial lending market place. I would suggest that if Baldwin could obtain a commercial loan on the security of this land, the lending institution would probably require a 60% loan to value ratio, or less. Staff is prepared to accept 77% as long as Baldwin doesn't jeopardize the value of the security during the 5 subsequent years. The value could be jeopardized by failure to pay taxes, permit priority (mechanics, etc.) type liens against the property, or by reducing its mitigation value by removing CSS accidentally, etc. Recommendation as to Market Slide Risk: We should accept the 77% LTV ratio of the offered Security Land, but make it a default of the agreement, requiring immediate compliance with the obligations, or payment of a Note, if the equity of the Security Land is compromised in any way so that the equity drops below $910,000. d3~J~ 4. Non-annexed Land. The property on which they are going to perform is not in the city, and may not end up in the city. The three acres they propose to use to build the affordable housing will be in County territory. If the value of the security is less than the cost of the obligations, it will act as a disincentive to them to annex Village 1 and 5 to Chula vista. Solution: It should be a condition of default in the agreement and the right to sell the Security Land that if the parcel is either not prosecuted for annexation or is denied annexation to Chula Vista, the duty to perform is accelerated they would be more quickly in default. This will act as an incentive to annex. 5. Duty to Provide Acreage is deferred for 5 years. The duty to provide the acreage is deferred 5 years into the future; state law implies a duty contemporaneous with the construction of new units; but is vague. The deferral may be the basis for an independent third party contending that our general plan is internally inconsistent, or that this project is an approval inconsistent with our general plan, and all building permits could be enjoined. Solution: and reduce years. Require adequate security as herein recommended deferral of duty for only three years, not five Neaotiatina Aareements From the Dias Finally, as a general matter of dealing with staff and third party applicants having business with the city, I urge the Council to discourage developers and others having business before the Council from negotiating these complex, technical and generally City-protective deal points on the floor of the Council meeting. The product that's developed generally will be internally inconsistent with other provisions in the agreement. But more importantly, floor negotiations do not permit staff time nor circumstances to advise a lay council in the fine particulars of the negotiations and the law. We are hesitant to layout in public the adverse risks in brutal detail that may develop and against which the City needs to be protected. In this case for example, no one wants to suggest that Baldwin will not perform on their promise to give over three acres of land; yet the City needs to have adequate security, after giving up irretreivable entitlements (144 subdivided units in this case) that the city will get the benefit of their ~3"11.? bargain. No one wants to suggest in public that when the cost of the obligation to build low income units becomes more expensive than the value of the Security Land, the most intelligent economic choice for Baldwin is to "walk away" from the, Security Land. These are things that are best dealt with at the negotiating table so that such "bad" impressions don't have to be aired publicly, and create publicly held sentiments either of distrust toward Baldwin, or to the belittlement of staff. In this case, we asked Baldwin to diligently meet and confer with Staff in August for a Low Income Housing Agreement rather than wait to the last minute when the market demand for their Telegraph Canyon Estates housing required them to make this an "emergency". In this case, Baldwin did not exhaust their good faith at the negotiating table, and now have essentially demanded placing their version of this agreement before the Council for approval, and in a form that is not acceptable to staff, and at a time when they have not exhausted normal negotiating procedures with Staff. As a general matter, if an applicant for City entitlements complains that Staff or the City Attorney's office is making a deal "too" difficult at the negotiating table, they should be entitled to discuss the general philosophy or policy of the deal points before the Council. But, in such cases, we would ask Council to give philosophical or policy direction on negotiating the agreement to staff, and send both parties back to the table, and not negotiate the agreement from the Council floor. Recommendation We would ask Council not to approve Baldwin's version of this agreement because it is not adequately protective of the City's interests. We recommend that Council comment on the "sticking points" as set forth in this memo as possible "solutions", and send both parties back to the negotiating table with such policy direction to work out the details. d-~ - /7 Planning Area 1 (otay Valley) Legend us_ [!g ........ --......... m .......,........ ............. [!]- [!2] P\ltllCoO y 1l'''''''ciIifr Key Map ~ ...-_".......... EZl 0,-- ~ '-.......VY1.,.~...1lInQIf ~ s..;....a-SulrNM 0--......... fj ----..... [!E) ~...o-ilJ......1I [2] ......1aol~U. ~DCW. 0-- @-,,- ~.......__.... ~ C--W-a-1 0 ...... [!!] Co.. ::.tI........-..."........ e c--,.rw. E> Ml.......... _"Col)'oIChuIo \IIsta Nole: Cif)' of Chul~ Villa und U$es Shown. Refer \0 led lot COUnty und u~ 52 ATTACHMENT "C" ~ffi ........--..--- , @) ,....Ml..,... @) ......~,m--r <3 rvta.w.',-, SP&OAL ............. B- ~ s,.wc.w._c... ~M1"'u.. ~ &-.\.IftMc.- ""u TM~"",_"~''''IO ~ It u.i.... TIlit....." ___.. =t...IO.u.-~S.~ c.-c.r'~~"""'lWlk.'" ~~~ -.- ...___ _.4 - - Planning Area 1 (Ctay Valley) 1994 Sphere of Influence Update Study ~3 ~ I~ Exhibit 20 - CITY OF CHULA VISTA Agenda Item No. 23 RESOLUTION NO. 17737 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT TO CONVEY AFFORDABLE HOUSING SITE AND PROCESS COMMUNITY PURPOSE FACILITIES SITE, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, Otay vista Associates has received tentative map approval to develop the Telegraph Canyon Estates on certain terms and conditions; and WHEREAS, City and Otay vista Associates entered into a certain Supplemental Subdivision Improvement Agreement on certain terms and conditions; and WHEREAS, one such condition required the owner of the Telegraph Canyon Estates to process an application for rezoning of real property as a community purpose facility site; and WHEREAS, Condition No. 6 Associates to reach an agreement affordable housing; and requires City and Otay vista regarding the provision of WHEREAS, City anli otay vista Associates have now reached an agreement to provide for affordable housing on the Otay Ranch and to designate certain acreage on the Otay Ranch for community purpose facility sites as an obligation of the development of Telegraph Canyon Estates Project (and not as a obligation of the development of the Otay Ranch). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Agreement with otay vista Associates entitled "Agreement to Convey Affordable Housing site and Process Community Purpose Facilities site", a copy of which is on file in the Office of the City Clerk as Document No. (to be completed by the city Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said .Agreement in such form as is finally approved by the city Attorney with such minor and technical corrections as the City A torney may recommend for inclusion therein. Chris Salomone, Director of Community Development ved ~' City Presented by C:lrsITCE.AHA ,)3 - /1 '"' \..,Ce ~\, SENT BY: I..flI&S SO ;11-22-84 ;11:36AM ; (619)235-3541" 6195855612;# 6/13 AGREEMENT TO CONVBY AFFORDABLE HOUSING SITE AND PROCESS COMMUNrrY PURPOSB FACILlTIBS SITE (TcJesrapb Canyon) This Aarccmcnt to Convey Affordable HousiDg Site and Procc:. C'hmmunlty Pmpose FaclIitica Site (bcreafter "Agreement) is made thiI day of . 1994, by and between THE CITY OF CHULA VISTA, C8JifDmIa ("City" or "Grantee" for rerording purpclIeI 0Dly) and Baklwin BullderJ. a CaHfnrnia corporation ("Developer" or "Gnmtor''), with reference to the mas IIClt forth below, which rceitall oonstitute . part of this Ap=ement. RBClTALS . .:o.'!...., .;t,.~".t" ~~_ c,.,- ,,., "'t, -_""_'O,~, + City and Otay ~t.Alf,QCfals, a C'aI:iforlilliIiiJifled'~ ("otaYVlStany - entered into that c:enaIn Supplemental Subdiviaioo Improvement Asreement, dated _ . 1993 ("Jmprovoment A,reement") regarding certain real property located in Ctula Vuta, Califomla. as described therein ("Propcrtf). The Property Is now owned by Developer, a8 ..uccessor in interest to Otay Vista, and ill part of a project commonly known as TelegraJ'\1C'an)un Estates <;reJesr,apb Canyon Project"). B. AmcmS other obIiptiolll, Condition No. 68 of the Improvement Agreement requires the owner Of the Property to proc:elISan application _king the (re )zoning of real property 81 8 Comrmmity PulpOIC FaciHtlea Site. C. On Ausust 25, 1992, the City adopted Resolution No. 16768 ("RcsolutiOIl") regardirlg the Telegraph <::an.Jon Project wbidJ, amotJg other thinp, approved and imposed amcndmenu and conditku on the Telegraph Can)cn ~lonaI Planning Area Plan. Under Condition No.6 of the RCIOIution as amended ("Condition No. 6"). Developer is required to reach an qreement with the CIty reaardfos theprovialon 9f affordable housing prior to the appnwaJ by City of the finallUlxlMsion map for the Telegraph Canyon Project.. D. Developer aIsQ 0W11S and ill currently pt~ing with the City ent:it1cmcnts for the development of real prol"" I:)' commonly kDown fill the "Otay Ranch Project," located within the County of San Diego (the "~. The approved Otay Ranch Project Gen"ral Development Plan contemplates and authorizes the eventulll development of a Community Purp<lICJ FacilitIes Sito within Sectional Planning Area One thereof. B. The parties now desire to provide a means to IlltWy in the Otay Ranch Project the Developer's (1) affordable hrn1Sing obllptlons as set forth in (:ondiUon No. 6 of the Re80lution, and (if) oblir~ with respoc:t to ConditlOll No. 68 of the Improvement Agreement. 11122/94 02 J; ;2.C) I ':\ v SENI' BY:LPH&S so ;11-22-94 ;11:37AM ; (618)235-3541" 6185655612;# 8/13 NOW, THEREFORE, in ClICM'!F for the mutual CO\I'eD8Qts, terms and c:onditious herein contained, the plIl1Jea ~ as set forth below: 1. SRtMl1od;nn of Affordable HomInR ObHlIBtlon. Developer shall satisfY Condition No.6 of the Resolution by --+Ut, to the City not bs than three (3) bl.JJmble acres of real property within the Otay Ranch Project Secdona1 PJAn1)lng Area One, Village Five in a location and of a c:baraeter tel/0Q1IfIb]y latilfactary to the Oty (the "Affordable Housing Site" or "Site"). ne A.ffmdab1e Housinj Site sbal1 be ~ to the City in a rough graded c:oncIition with stubbed udUde8 provided at the Site boundaIy, at Developer's sole cost and mpe.ose, not more than three (3) yeaII followill8 the date of thU Agreement ("Site Conveyance Date'?; provided that in the ~ the at)' approves an Afronlab1c Housing Plan for Sectional P~Area One, Vl1lage PM: which contemplates eanveyance of the AtIordable Housing Site on a date sublequent to the Site Couwyance Date, the terms 8!Id conditiOQll at. the AlIordable Housing Plan IhaJ1 gcmru; provided further that in no event shall BakIw.in CCIl'lICy tbeAffordable'Hrmd'1gSite later thanfive(S) ~ :fJ;Qm~" "",- "v~Qf~Agreemcnt, ~ctll':dlMermsofW~nmDJc;HOUIlngPlan;' 2. Satisfaction of ~1MII1t .AllreemMot ("'.onditlon No. 68. Developer shall satlsf,y Improvement A,reement Condition No. 68. u let forth in Paragraph 15 of the Improwment Agreement, by .....lrf1\l application. and re-applkation in the event of dcniaJ. with appl'O}Jriate "JVVcmment ageocies inc:l\Idini"t1Ie Cl9', ~ diJicently pl"OCe'..ms (I) the annGltfOn to the Otyof the ~J Ranch Pfoi.c:tSCCtioQaI Phumin, Area One, ViIlagc FIVe, (n) prezonhll for Sc:ctionaJ I'IaDntna Area.Ooe, ViJla&e Five, and (iH) ScdIOlllll PJmmfng Area One appmval. In aecon:Iancc with theapprovcd Ofay Ranch GeDeral Development PIan, the Cnnummity Purpose Filellitica Site within ~ PlAl1m", Area One, Village FIve IbaU be not 1csa than 1.5 acres appropriatdy d""igrMAd and configured in a locatiml and of a cbarac:tcr reuonably satisfactory to the Oty. 3. Seau:lty for Performance of ObQptlonL To secure the perl'ormanc:c of the DevellJllC1"s obJ/ptions &:OJltaioecl in ~ 1 and 2 above, Developer JbaII record one or more "Deed of Trust and ~lDe'ltOf Rents," IUbstantlally in the form atN"bed hereto as Exhibit -A" (hereafter"Truat Dccd(1)"), apinIt loll wJthin the Otay Ranch Projeet dcaen'bed on Exhibit "8" aftal'Mt hereto IUld iw:Qrporated bereiD (tbc "Secured Lots"). De\leJoper 8haJl provide the aty with a pnHmiqary titIc report and appralsa1 for the Secured Lots. The YBlue of the Secured Lob Iba1I 1I!laufflc:iont to adequately secure the performance of DeYeJoper'1 obIiptlOlll herein in the IOle cliscretion of the aly. The Secured Lots shaJlDOtbe submitted as part of the Otay Ranch Rcaoun:e:M'smllV"l1CDt Plan's Couveysnce Prosram or any other mitigation prognun until Baldw.ln hat fully performed its obligations in tbia Agreement. Upon the written req1lCft of thc Developer, the City Ihall c:onIidcr thc transfer of the Trust Deed(s) to other lot(i) owned by Developer within the aty pIOYidcd that the repko""1lleDt lot(s) adequately 1CCU1'e(.) pcllformunce of Developer'. lI""lltisSecl obBptionll hereunder fD the sole discrotiQJl of the ~. z 11/22194 ;;'J~..21 SENT BY:l.flI&S SO ;11-22-94 ;11:38AM ; (619l235-3541-> 6195855612;#10/13 4. R.....BlI!I of UeQ. The Trust Deed(1) recorded to lIeCUre performance of the Developor".oblfrtlQll with reapclct to CondJtion No. 6 of the Resolution sba]] be releBled and 1'eCOIM:yIld, or ~ "Bled and I'ClCOIM:yed in the event a sJngle Trust Deed IIeClIJ'eS the pe:rt'onnance of multiple oblf&atfons, pauouptly foJIowlng the <:oIlYCylUII:c to the City of the Aft'ordab1c Housfng Site in accordance with ~ 1 above. The Trvat Dced(s) remrded to :secure perCmmance of thc DeveIopcJ'I obliption with respect to Improvement Aan:cmcnt Cmclltioo No. 68 shaII be re1~.nd and ~ or partially releaaecI and ~ in thc event a single Trust Deed IeC\Jl'cs the pelfu.mance i::Jf DllI1tlplc obligationl, prompdy foI1owmg the app:oval by the City of Otay Raneh Sectional !'IAnni", Area One and its .....eutioa into the City in ac:c:ordance with Section 2 8bove. S. Events ofDef1lnlt. Developer ahaIl be in default of this Agreement by its t'ailun:: to (I) process JI~a1)' appHcadOD(I) and IIIlIIcc aU mISOJlabJe efforts to convey to the City the Affordable Housing Site In aCCOldance with Section 1 hereof; and/or (ii) proccn~nary ~~I),liIIJCl D1akO:aJlJ'MAODableeffortstofeCUJ'e8nn~to th~; , '"','- "V ,C!lY,~~approw1 of ~~n~~~;One, VfDlle'~ijf'ihc <>tay RauCh Project ' . 'in ac:ooidance with Sectlon 2 hereof: The parties agree that the dam~ tbat City will suffer by Baldwin's default of the proIDiIc to perform as required in Section 1 of this agreement are StiOO,ooo. Upon default and sale of the Secured Lots pursuant to the provisions of the Deed of Trust and AIsipme:nt of Rents, after deductln& all COlts of sale in the manner permitted by law, the City may retain. ibis s1mlfrom the proeeods of such forcclclsure sale as rf<Jmllges for sucla default. ; : ' ., " I ~ --t The partIea further agree,thaHhe d8""'ges that City will suffer by Baldwin'. default of the promise to perform .,,~inSectfon 2 of this IIp'eemcnt are $100,000. Upon default and sale of the Secured Lots piirruant to the pmyWona of the Deed of Trust and A.~mcnt of Rents, after dcdupting all CO$1J of ~ in the mlDDCr pCl'lDitted by Jaw, the City may retain thi5 sum from the proceed. of sucb foreclosure sale u damages for IUch default. In the event the ~ talJs to Cure tbe default in a timely fashion as provided by appJialble law, the Qty may purIUe aU riahts and remedies afforded under the terms aJld COnditions of the applicable Deed of Trust(s) given to secure perfonnance of the defaulted obJiption. 6. Relc8Iltl of ~t. Promptly following the execution of this Agreement, the partieI shall cxeeute and record such instruments and take all rc:unnAblc stepll nCCCSSll1y to remove Will title that certain "DceJaration of ~t Runnlng with the Land" dated May 3, 1994, and recorded May 12, 1994, in the Office of the San Diego County Recmdor as Doc:ument No. 94-0316515, by and between the partie. hereto which IlWTCnt1y e:ncwnbcra the Telegraph Canyon Project. 1. Modificatino_ No inodificatlon, waiver, 8IDCDdmont. disc:hargc or change of this Agreement ahaIl be valid uo1css the IBIIIC Is In wrltlng and signed by the party 3 1lJ22/94 :2:Jr ;2.J- SENT BY:LfH&S SO ;11-22-84 ;11:36AM ; (618)235-3541'" 618565561~;#11/13 against which the enforcement of such modiffcation, waiver, amendment, discllAtp or change is or may be S01Jibt. 8. ~. F- In the event either party shall iDstIn1te any action in connocUon with tbfs A,rccmcut, the ~ party Jhall be entitled to recover from the other party all of its COJtJ of ac:tioD. including without limitatlon I1il8JODBbJe attomeyJ' fee8. 9. S8tt..~etinn of Resolution ConditIon and Jmnrr1VP.......m Aw-m"'1t C'.nrvHrion The plIJ'ties agree that the performance and satfIfaction by Developer of the terms of thiI Agreement JhaII oonstit..re full and c:mnpJetc I&tlIfactfon of (i) Developer's affordable housing obtiptiollJ p1Jtl1llUlt to Con<fition No. 6 of the Resoluticm, and (h) CondItion No. 68 of the Improvement A,grccment. Cty agreca to provide written verification of De\IeIoper'J satft(actfon of the obligations set forth in SectioDJ 1 ami 2 hereof promptly upon the satisCaction of each condition. .~<.i..".. '~., ,I ~ ....tit:.~ ,.;.j,.. . . ,.c. ,"'." ..~.._.. "".., ,...... ""."'" <'''' 10. NO~~~~PI'OVil4:d.~'eol1troIllIId8dn'ijn1~tratIoil'f' i' '! . . Of this Agreement IhaII be wated In tbe Dimctor of Community Development of City as to City'J interest herein. Any communications rcJath,e to the terms or conditions or any changes thereto or any notice or notices provided for by this .Agreement or by law to be given or served upon either party hereunder may be Pen or JeMld by personal delivery or by certifiad. or registered mail,del-ited in.the United States mail, postage prepaid and retum receipt ~ or by Federal Expi8a or other :rimiIa.r overnight delivery serYice and addressed to the party for whom in1Xmded, II foDows: To City at: City of ClnJla VUta l'nl'l'lm..mity Dcm::1opment Department 276 Fourth Avenue Quia V'18t8, California 91910 Attn: Director of Community Development To DeYc10per at: Baldwin BuiJderJ 11975 B1 n....fnn RcaI, Suite 200 San Diego, .CaJifornfa 92130 Ann: Telegraph €anyon Project Manager Any party hereto may from time to time, by written notice to the other, dtcipAtea different address which shall be subJtitutcd for the one above Jpeclficd. Un1eas otherwise Jpecifically provided for herein, all notices, paymcntil, ~A""" or otber communialtionJ given hereunder ahall be in writing and shall be deen1ecI to have been duly given and teeeived (i) upon peI'I01l8l deHvery, or (ii) as of the third b....'" ess day after mam." by United States 4 11122/94 .2 '3 -- ;2 ;J SOO BY:I..FH&S so ;11-22-94 ;11:38AM ; (618)235-3541'" 6185655612;#12/13 reptcred or cc:rtlffed maD, return receipt requeated, postap prcpa1d, addRIssed as set forth above, or (iii) tho iDuDediatcly II~"'I b.__ da)' a1'ler deposit with Federal &preas or other equivalent OYIlmfsht delNeJy JYIlem. 11. Bin,,",... on ~---- , AD te1'lllll of thia Aareement sha11 be biDding upon, lDurc to tho benefit of and be cofon:cablo by tho parties hereto and their 8UClCeISora and AU""", 12. BntircA_....L ThiIIApeemeut contains the entire agreement between the parties I1lJating to tbe tmnaaetiaDs COI\1templated hereby and all prior and contemporanc:ous agreements, undoDtJlnrlll'lp, rcpreaentatfoJu, negotiatiom and statements, oral or written, IU'Cl hereby superseded and merged into thlI Aarcemcnt. 13. Govcmlnr Unr. This Agreement shaD be governed by and coDStrucd UDder tho Iawa at: the ~tc: of CgJjf~ 1bfs A,reemCDt shall be deemed.made .. - ,~.~,' ~ ' ~.~ ''"I U~i"'l ! ,,,,.- ~..:~~intoinSan.DioF'~':'~"cl1 : (n!.~"~--,O"'--- .. 14. SeYembfiitr. In tho ownt that any phrase, clause, 8CJ1tence, paragraph, section, article or other portion of this Agreement ahaIl ~ lIlop!, null or void or against public poHc:y, fur any reason, or shall be held by any court of competent jurisdiction to be iIlcgal null or YOid or, agahlst,pubIic policy, the remAl,.;ng por1iona of this Aarccment BhaII Dot be affected thOl1lby andaJ1aD. rCmalnln force and effect to the fullest euent pcrmfs.sJble bylaw. (The nmAinder oftbls page intc:ntkmaDy left blaDk.] , 11/22194 J.J r.21 r SOO BY:LfH&S so ;11-22-94 ;11:40AM ; (619)235-3541'" 6195855612;#13/13 15. CountAnvo...... Thia A,reament II1II)' be eu:cuted in counterparts, each of which, when tBken together, ihBIl .......lftute fully lDCUted orfIinAl,. IN WITNESS WHERBOP. the parlica hereto Iuml caused this Agreement to be ClI8CIItcd as of the da,. IIDd year flnt bezW"abowIlOt forth. CITY: Tim Nader, Mayor DBVELOPBR: BAlDWIN BUILDERS, a CalIfornla cotpoIa1ion By; Name: Title: By: City of Chula ViIta Attest: --~':. ..--'- I~'~ ~~'. _" .-.ii.;:;,: ......" ,~_.. .;..'-,,, _.m :""'-'~-' t-.", :- ~.)I"~. ~.-- ~"_""-"RO(' 'J.~ ;":"'~~ ; (~1""''''''';'''''-~''':''~._,. ~~ ;.~.j~"'I~'1 ~, , < By: Name: Title: Beverly Authelet. CJty CJerk Approved 81 to Form: Bruce M. Boogaard, City Attomoy ~"(', ~~-- IS 11/22/94 ,)3-.25' /<n-.?~ ~ The Baldwin Company Craftsmanship in building since 1956 November 22, 1994 Honorable Mayor and City Councilmembers City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910 Re: Telegraph Canyon Estates Affordable Housing and CPF Zoning Agreement Agenda Item 23 Dear Honorable Mayor and City Councilmembers: The Baldwin Company supports the Staff recommendation as summarized III the Community Development memo to Council of November 21, 1994. I would like to pay special thanks to staff for their diligence and their willingness to work with The Baldwin Company to finalize the outstanding issues in the agreement. Sincerely, ~o~ Tim O'Gr~~y /' Vice President TOG/cc ;23 --;2~ 11975 El Camino Real. Suite 200 . San Diego, CA 92130 . (619) 259-2900 MEMORANDUM November 21, 1994 TO: Honorable Mayor and City Council ..- (1" John D. Goss, City Manager~ 'cr~J ()& Chris Salomone, Community Development Director ~ VIA: FROM: SUBJECT: Telegraph Canyon Estates Affordable Housing and CPF-Zoning Agreement with Baldwin---Item 23, November 22, 1994 Council Meeting The agenda statement for Item 23 of the Council agenda for November 22, 1994, indicates that staff and Baldwin had been unable to agree to certain key components of the subject agreement, but that due to certain corporate exigencies of Baldwin, the item had been placed before the Council. The agenda statement also indicated that staff would encourage Baldwin to continue to meet and negotiate on those issues prior to the Council meeting. This memo is to inform you that staff, the City Attorney, and Baldwin have met today and have reached verbal accord on the outstanding issues and that staff and the City Attorney expect to be able to recommend approval of a redrafted agreement to be provided to the Council at the meeting of November 22. At that time, the Council will also be provided with an approving resolution. In brief summary, the following outstanding issues were resolved at the staff level: 1. Timing of Delivery of Affordable Housing Site: This issue pertains to the period of time the City would be willing to wait for the Telegraph Canyon Estates affordable housing site to be delivered in Otay Ranch SPA One. Staff was requiring three years. Baldwin wanted the delivery period to be five years. In today's negotiation, the parties agreed to the following: if the Affordable Housing Plan for Otay Ranch SPA One, which would identify the specific affordable housing site for Telegraph C~nyon Estates in Village Five of Otay Ranch SPA One and which Is currently being drafted, is not approved within three years of the approval of the subject agreement before the Council on November 22, the City will have the right to foreclose on the security interest; if the SPA One Affordable Housing Plan is approved prior to the three-year period, the buildable three-acre affordable housing site must be delivered within five years of the subject November 22 agreement or the City will have the right to foreclose on the security interest. 2. Quality of Security land Offered as Collateral for Performance: The staff agenda statement indicated that additional analysis needed to occur to assure the City that the collateral was viable and that it would not be offered to the City by Baldwin for conveyance through the Resource Management Plan (RMP) for Otay Ranch SPA One as open space, thereby "double-dipping." That would make the security la\1d not salable by the City as mitigation land, the proceeds from which would need to be used by the City to achieve the affordable housing for Telegraph Canyon Estates not delivered by Baldwin. After further analysis, staff is comfortable with the marketability and value of the security land, and Baldwin will agree In the redrafted agreement not to offer the security land as part of the RMP conveyance plan. 02Y-d-/ ~ , ~-- The Honorable Mayor and City Council -2- November 21, 1 994 3. Failure to Annex a Condition of Default: Staff recommended in the staff report that Baldwin's failure to prosecute or achieve annexation of SPA One to the City would be a condition of default and the City could foreclose on the security land and use the proceeds to accomplish the required affordable housing. This position was predicated on the fact that the City could receive no Housing Regional Fair Share credit if the affordable housing was developed outside its jurisdiction. In today's negotiation, Baldwin has agreed that failure to reasonably prosecute annexation of SPA One will be a condition of default, but cannot agree to failure to annex (which is substantial outside of their control) being a condition of default. Given Baldwin's apparent efforts to annex SPA One, the tangible benefits to be derived from such annexation, and the existence of the security land as collateral, staff finds just the condition to reasonably prosecute sufficient. The redrafted agreement to be provided at the Council meeting will incorporate the above solutions proposed by staff and the City Attorney and agreed to by Baldwin. IDGIDISK6IWPWINIA:TCECNCL.MMOI .).J-;2Y COUNCIL AGENDA STATEMENT Item ,).1 Meeting Date 11/22/94 ITEM TITLE: Report on Proposed Focused Planning Area Alternative for the Multiple Species Conservation Program SUBMITTED BY: Director of Planning & REVIEWED BY: City Manage~ ~~ (4/5ths Vote: Yes_No.lO On June 21, 1994, the City Council conce~al;endOrSed an approach to delineation of a fifth alternative "focused planning area" (FPA) boundary to be considered for possible adoption as part of the Clean Water Program Multiple Species Conservation Program (MSCP), in which the City of Chula Vista is participating. Since that time, City staff has been working with MSCP staff and consultants, as well as staff from other participating jurisdictions, to prepare the fifth alternative. RECOMMENDATION: That the City Council endorse the draft "Multi-habitat Planning Area" (Fifth Alternative Focused Planning Area) map, as presented in this report, to be evaluated as part of the final draft MSCP Plan and Environmental Impact Report. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed the draft "fifth alternative" FPA map at its meeting on November 7, 1994, and raised a number of questions requiring staff follow-up. The RCC has scheduled a special meeting on November 21 to allow staff to respond to these questions, and provide the RCC with an opportunity to provide input to Council on this matter. Staff will provide the RCC's recommendations to the City Council prior to the Council meeting. DISCUSSION: As noted above, on June 21, 1994, the City Council received a report on proposed criteria for delineation of a fifth alternative focused planning area for the MSCP (see Attachment 1.) This report provided general background regarding the MSCP process, and the four alternative focused planning area boundaries which had been prepared to date. As indicated in the report, in April 1994, the San Diego City Council endorsed criteria for delineation of a fifth alternative, which would start with the "Public Lands Alternative," which emphasizes use of existing publicly owned open space, as well as areas which are designated in local general plans and specific plans as open space. To these lands would be added habitat required for the protection of all federal and state listed species, species proposed for listing, and Category 1 candidate species which are considered to be likely for listing in the near future. The Chula Vista City Council conceptually endorsed this approach, with the proviso that this approach be refined to be more directly applicable to Chula Vista and other local jurisdictions. Since that time, City staff has been working with the MSCP staff and consulting team, as well as staff from other participating jurisdictions (City and County of San Diego, Santee, and Poway), to refine these criteria and develop a draft fifth alternative FPA map As indicated .1J/, I Page 2, Item .ll/ Meeting Date 11/22/94 above, this map began with the Public Lands Alternative, which has been updated to accurately reflect the City of Chula Vista's adopted General Plan and other approved plans (General Development Plans, Sectional Planning Area Plans, and tentative maps.) In addition, in the case of the San Miguel Ranch property, the property owner has proposed to designate the entire northern parcel of the Ranch as 100% habitat preserve area (whereas the adopted General Plan could allow up to 350 acres of this parcel to develop), while requesting some relatively minor expansion of the developable area on the southern parcel. It is staffs understanding that this change will significantly improve the performance of the fifth alternative in meeting the biological goals. A copy of the draft fifth alternative map, which is entitled "Multi-habitat Planning Area," is attached for your review (Attachment B). A color version of this map is available for review in the City Council offices, as well as the Planning Department public counter. A preliminary biological analysis of a earlier draft "fifth alternative FPA" indicated that it did not fully meet the biological goals which were established for it on a regional basis. However, the draft which was reviewed has since been modified to include the changes to San Miguel Ranch. which were referenced above, as well as other changes being made by other jurisdictions. In reviewing the status of the fifth alternative with MSCP staff, they have recommended that we go forward with the fifth alternative as drafted, in order that a more complete biological analysis can be completed in conjunction with preparation of the fmal draft Plan and EIR. By taking this approach, the completion of the Plan will not be further delayed, and the Plan can be further amended to meet specific biological goals during the review period for the draft Plan and EIR. City staff concurs with this approach, and will continue to work with the MSCP project team and other jurisdictions to review the biological analysis of the fifth alternative, and recommend further changes as necessary to meet the established biological goals. It should be noted that the draft FPA map designates areas under various categories, based on the percentage of those areas which is expected to be retained as open space in a manner compatible with biological goals and standards. Areas within the Chula Vista Planning Area have been designated either as "100% habitat preserve" or "90% habitat preserve." Those areas designated as "100% habitat preserve" include Otay Ranch, San Miguel Ranch, and other master planned communities with approved General Development Plans, in which well-defmed habitat preserve plans have already been developed. Other areas which are not covered by adopted General Development Plans, or where adopted GDP's provide for further planning evaluation regarding permitted uses in designated open space areas, are shown as "90% habitat preserve." It should be noted, however, that in the case of Otay Ranch, the approved GDP does make certain provisions for active recreation uses within the preserve area, and the specific policy language regarding these uses will be forwarded to the consultants to be considered in their evaluation of the fifth alternative. It should also be noted that staff is suggesting several clarifications and minor corrections to be made to the "fifth alternative FPA" map. The most significant correction is to delete the FPA designation from the "Lower Sweetwater" special study area. This area is designated on the City's General Plan diagram as "open space" with a "special study area" overlay, and is currently being evaluated for various land use alternatives which do not involve habitat preservation. Other clarifications and minor corrections are noted on Attachment C. The .). 'I" oJ.. ) , .' <! '" Page 3, Item J. L/ Meeting Date 11/22/94 overall intent of these clarifications and corrections is to accurately reflect existing General Plan designations and policies, as well other discretionary approvals which have been granted by the City on specific projects. FISCAL IMPACT: City staff work on this project is being supported by the General Fund; however, the Clean Water Program has continued to cover the consulting costs associated with preparation of the MSCP Plan. Attachments: A) City Council Agenda Statement, dated June 21,1994. ""Dr 5(!;J~1II~,. B) Draft "Multi-habitat Planning Area" (Fifth Alternative FPA) Map. C) Clarifications and minor corrections to draft "Multi-habitat Planning Area" Map. (F: \home\planning\mscpfpaS .113) ..2J/:] / ..;1.1- 8 ATTACHMENT A . COUNCIL AGEl'o.'DA STATEMENT Meetine Date / 4 ICj SUBMITIED BY: Report on Proposed Focused Planning Area Criteria for the Multiple Species Conservation Program Director of Planning ;;f( 6 City Manager 1(; ? iJl (4/Sths Vote: Yes_NoX) In January 1994, the City Council appointed Councilman Bob Fox to participate on a policy committee for the Clean Water Program Multiple Species Conservation Program. On February 28, the MSCP Policy Committee requested that the participating jurisdictions provide input regarding recommended criteria for forming a "focused planning area," which would define a study area for a future regional habitat reserve system within the Clean Water Program service area. The purpose of this report is to obtain input regarding the draft focus planning area criteria, as well as an alternative approach which was recently approved by the City of San Diego. ITEM TITLE: REVIEWED BY: RECOMMENDATION: That Council conceptually endorse the approach to delineation of a "focused planning area" as recommended by the City of San Diego, and authorize its representative on the MSCP Policy Committee to recommend that this approach be refined to be more directly applicable to Chula Vista and the other participating jurisdictions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On February 28, the MSCP Policy Committee referred the attached draft .Recommended Criteria (policy Statement) for Forming a Focused Planning Area. to the local jurisdictions for review (see attachment I). These criteria were prepared by a jurisdictional technical committee made up of staff from the five jurisdictions which are participating on the Policy Committee (City of San Diego, County of San Diego, Chula Vista, Poway, and Santee). The purpose of these criteria was to provide policy direction in the preparation of a .fifth alternative,. to be considered along with four other draft .preserve planning area" alternatives which have been prepared and included in the working draft of the MSCP Plan. The other four alternatives are: 1) Coastal Sal!e Scrub lCSS) Alternative (84,900 acres) which was developed to meet the minimum criteria for satisfying the State's Natural Community Conservation Program ...I~.2tf..f ~ Page 2, Item l? f q Meeting Date ~ to/'l.'I'1'1 (NCCP) Conservation guidelines for CSS target species (California gnatcatcher, coastal cactus wren, and orange-throated whiptaiJ); . 2) Multiole Habitats Alternative (147,000 acres) was developed to meet preserve design objectives for multiple habitats and species in addition to CSS; 3) Biolo~ically Preferred Alternative (185,700 acres) includes all the core biological resource areas and linkages, as well as all public lands supporting valuable habitat; 4) Public Lands Alternative (147,000 acres) focuses on preservation of public lands and existing and planned open space, and linkages between these areas. This alternative was submitted for consideration by the Alliance for Habitat Conservation, an organization representing several major property owners within the study area. As drafted, the criteria for delineating a fifth alternative were intended to create a focused planning area which would achieve a balance among biological, land use, and economic objectives. With regard to biology, the criteria provide for formation of a multiple habitat preserve system which would provide for the recovery of core populations of federal and state listed animal and plant species, as well as linkages between these core populations land adjacent biological resources. In addition, the criteria were specifically directed to include sufficient coastal sage scrub and gnatcatcher populations to meet NCCP guidelines. In addition to biological considerations, the criteria provide for consideration of land use and economic factors. These land use and economic factors include utilization of public and private lands that are already conserved as habitat or for open spaces, or are otherwise constrained from development. In addition, these criteria provide for consideration of existing general plans and community plans, as well as avoiding lands which are needed for public infrastructure and public facilities. On April 12, 1994, the San Diego City Council considered a proposal by Mayor Susan Golding to adopt an alternative approach to delineation of a focused planning area for Multiple Species Conservation Program. Under Mayor Golding's proposal (Attachment 2), specific objectives regarding amount of habitat acreage (155,000 to 165,000 acres within the MSCP study area,) as well as numbers of species (41 priority species and 59 total species) would be established. The process of drawing focused planning area boundaries to meet these species goals would start with the .Public Lands Alternative.. Under the Public Lands Alternative, the emphasis is on utilization of available public lands, as well as lands which are designated in local general and community plans for permanent open space. To these lands, would be added habitat required for the protection of all federal and state listed species, species proposed for listing, and Category I candidate species which are considered to be likely for listing in the near future. This approach was approved by the San Diego City Council on April 26, and was recommended by them for consideration by other jurisdictions. On May 26, the MSCP Policy Committee voted to refer the City of San Diego alternative approach back to the local jurisdictions for ~ ,21{..{, .. . Page 3, Item Ii I q Meeting Date ~ ~/t.ll '1~ review, along with the previously described alternative which was prepared by the Jurisdictional Technical Committee. ANALYSIS: The focused planning area criteria which were developed by the jurisdictional technical committee provide a comprehensive approach toward the development of a focused planning area. However, they do not establish specific habitat conservation goals, and would require significant additional discussion and analysis in order to formulate a consensus regarding the number of species which would actually be preserved. In contrast, the City of San Diego alternative provides more specific goals regarding habitat conservation criteria, as well as a more specific process for meeting those goals. In addition, by starting with lands shown in the Public Lands Alternative, including all public and privately dedicated habitat lands and linkages, as well as all lands shown as open space in updated or existing community and general plans, and approved project plans, the planning process talces advantage of lands which are known to be in many cases readily available to be included in a habitat conservation plan. Furthermore, by focusing on the addition to the Public Lands Alternative of habitat areas required for the protection of certain specific species, it would appear to be a simpler process to actually define the focused planning area boundary under this alternative. This approach appears to be preferable for communities like Chula Vista, where general plans and specific plans have been adopted for the entire study area. Therefore, staff would recommend that the general approach which is included in the City of San Diego's alternative be pursued and supponed at the Policy Committee. It is recognized that the language contained in the City of San Diego's alternative was specifically designed to deal with the City of San Diego's General Plan Area, however, and staff should be directed to work with the City of San Diego and the other jurisdictions to develop language that would apply more generally to the City of Chula Vista and other panicipants in the program. Specifically, there is a need to clarify the method by which habitat needs for species which are located in multiple jurisdictions will be met, and how equity considerations among jurisdictions will be addressed. Also attached is a letter from the Endangered Habitats League, dated March IS, which suggests a third approach to the delineation of focused planning areas. This approach is based on consideration of a map included in the working draft MSCP Plan, known as the .Core Biological Resource Area Map.. While staff agrees that the information contained on this map will be useful in the preparation of a final MSCP Plan, we feel that the boundaries shown on this map include numerous areas within the Chula Vista Planning Area and elsewhere which do not appear viable for inclusion in a final preserve plan. In addition, this approach, as we understand it, is similar to the Biologically Preferred Alternative, which is already contained in the Working Draft MSCP. Therefore, while this information should be considered in the planning process, ~ .2'1-7 ..1-'\ - ~C . Page 4, Item J ~ 19 Meeting Date ~ we feel that the approach suggested in the City of San Diego alternative is preferable at this time in developing a "fifth alternative" focused planning area. Response to Written Comments Received by City Council on May 24 This report originally appeared on the agenda of the City Council meeting of May 24. At that time, an additional wrilten communication was received from Tricia Gerrodelte, representing the Sierra Club (see Attachment 4). The comments contained in this wrilten communication are similar to those included in the previously referenced lelter from the Endangered Habitats League, dated March IS. As indicated in response to that leiter, it is staff's position that the Biologically Preferred Alternative in the working draft MSCP already reflects the "core biological resources areas and constrained linkages" referenced in this lelter. A major purpose of the "fifth alternative" is to determine whether an alternative which focusses on the use of areas already designated for preservation in adopted General Plans and specific plans can meet multiple species preservation goals in a more economically feasible manner. FISCAL IMPACT: Not applicable. Attachments: J. Recommended Criteria (Policy Statement) for Forming a Focused Plannin& Area 2. Mayor Golding's proposal to adopt an alt.:rnati ve apl>roach to delintation of focused planning area for Multiple Species Conservation Program 3. Endangered Habitats League lener of March IS, 1994 4. Written Communication from Tricia G~rrodt:tt~. SitHiI Club, dattd May 24, 1994. (f: \bame\planninJ \(pamKp . rpl) ~;;< ,?, 1. ~ ATTACHMENT 1 ~. " . . 2/28194 -.ECOMMENDED CRf1"EIUA (POUCY STA'ImdENTS) FOR FORMING A FOCUSED PLANNING AnA ~: '!be fOUoMna criteria are aecolDJlllftlWl by tbc Jurisdiction Technical eommiu.ee II) be _ ill cJeUncatir\a . Focu.... PIaNIiII& Ara. for tile draft MSCP Plan. ()Dcc. Foc\ISCd fJarlftllll Ara. is drawn, . tpeeific IIII1yais of &be lrioJo&ical,land laIC and ec:onomlc effects will k pn::parecl and illduded in tile public review draft of tile MSCP Plan. ne Foell.... plaMina Area wiD aeed to achieve. balance 1let..illU biolo&ical, land laIC and IC'"IIC)1Ilic objectiveS, and wm DOt be 1b1c to meet all of the crillria equally. ne Focu.... P1anDin& Ara.1ine.I in tile draft )&SCP also do DOt oew.....uy Jd1ect ueas in wbicb specific CEQA lipificance deU:rmiDations .. mi';VtlOQ nquiremCllts will be lmp0tr4 OIl dIve1opmeI1t projects. ' J--","'en~ A.mon: APPROVE tbc UIC of tbcse criteria by the local jurisdictions for .,li..-tlf\& a Focused plannin& Area. BIOLOGY 1. Fonn a multi-habitat preserve system that includes and assists ill tile ff#1'IU'J of the core populations of federal and stale listed animal and plant species. iftc1udina by linb&es bctweCn these core populations and with adjacent biolO&ical resources ill the n&ion. 2. Maximize thc inclusion of species that are candidates for Iistin& and 11ft babitats to preclude the aec4 for future Jistinas of apecl~ u ~ or cndan&e:red. 3. Include sufficient coastalsaae ICNb and anatcatehcr populations II) meet tile stale'S Natural Communities Conservation Propam (NCCP) luiddinCI and to eventually replace tbc interim 4cS/NCCP iC&u1ations. LAND USE AND ECONOMICS .t. Beain buUdina the Focused plaMinI Ara. with public and private lands tba1 are already IDIlscrved u babitat or for open IJlI= putpolCS. 5. JIIc1ude iIItbc Focused PJanninI Ara. lands wlUc1I ... l1re8dy 0CIIlItniDed by local ncu1ations, IUCh u IIIICP slopes and fIooI'pl_III.. TbiI nr.1 r -~ -WI ~,_..ly SO" fJl private lands in die -Y ..... 6. ........901- wlIbiII tbc ~ PW't'1"I Nta privatelaDds ItIat wi1l be dr-.... dIroUIb pltlll", land .. l1l'i".';""1.. ,. ne FocQ~ P1INliDI Ala -.M avoid, .... , C 1sJ'-J,e. ... with l'"ur"U'" in II1II11 .. frqmCIltcd ownenbiPS aDd IhoIM _1001_1_ effd OIl IIiItinI ~ land uses. .. Awld 1ands wlUc1I arc II ..~ for public ~ and public flcDities. ~~ ..2lf~'j .. ." . JlIlcOmmcncSed FP A Criteria fcbNll)' ~8. 1994 Pa&e ~ 9. Select lands to minimize dle ..s to cbanae 1ocI1 (Jcneft1 and eommurdty planS and ...,evilopment PlanS and to minimize economic lmpICtS. while ncopizina that it may lie cSesiftble to amend 1and use plans to meet saource aeeds, 1>ELINEA110N OF fOCUSED PLANNING AUA UNES 10. To provide the specificity and usurances III ~~ by dle ICI(N1'Ce lIencles to eventually iasue permits. draw firmer Jines around public lands that are alreadY ~ or deSilnated for open space. A commiuoc:nt to ...eV'Ve 90 . 95" of dlese &tread)' conserved public lands should be feasible. 11. 'Include 100" of privately-owned lands that are already dedicated for open space. 1~. Provide more ftwbility in dle Jines for: a. public lands that are ptanned for usban or active ncreation '*' b. private lands that are ptanned for \Uban ,*" or which are ptanned for low density development in the more distant future , 13. !lefer to the four examples ~ (coasW saae. multi-habitat. biolopca1ly preferred and public lands) as a belinninl for the Focused PlanninI A.zr:& cSdincation. . J7-~'" -- , ~ ,J~'/~ "- ATTACHMENT 2 . (I) SUSAN GOLDING 11I.'10'" J' ".. April 15, 1994 . Robert Leiter Chula vista planning Department 276 Fourth Avenue 1401 Chula Vista, CA 91910 Dear Ro))ert: ~he Multiple species conservation Program alternative I proposed at city council on Tuesday, which was unanimously adopted, will return ~o council on April 26th. I wanted to make sure you had a copy of ~e proposal and the .pecific procedure I am recommending to create this alternative. I believe that this is an environmentallY sound approach and one ~hat is sensitive to the business and economic needs of the region. ~he proposal will expedite the preservation of a comprehensive .yste. of open .pace and habitat in ~e City of San Die;o and ~e development of areas not determined necessary for ~e .ystem. . ~he proposal recommends ~he preservation of all of ~e 41 priority .pecies plus 18 other.. It is based on biology with overlay. of existing public and private lands dedicated as open .pace incorporated as well a. existin; plan., both community and ~e General plan.. Economic ramification. vill also be an overlay and together, ~he combination of ~ese ~ee .l.ents vill create ~e pre.erve line. I appreciate your interest and bope ~o keep .ovin; in ~e positive direction ~at vas ..tablished ye.terday at council. Sincerely, SUSAN GOLDING Mayor City of San Die;o ~ .;.1/..// .,.,p ""'.....- T ........,............. ..... .....- . r .-~ Reflcc.fr r_ ~~ It DOCKET SUPPORTING INFORMATION CITY 01' .AN DII:GO sueJaCTI. . Multiple species Conservation Prognm (MSCP) - Preserve Al\emative ACKGROU"O: CDOU.~I: sPAcal On April 12, 1994, Mayor Golding recommended a preserve alternative, which was approved by the Council with the request that lang!l&ge be brought back to Council describing the proposal. The following represents the Mayor's alternative, which is recommended for inclusion in a Public Review Dnft MSCP Plan. GOAL: The mation of a preserve system that is biologically viable and economically feasible through the following criteria: 1. Habitat acreage of 155,000 to 165,000 with a cost of $450-650 million. . 2. Preserving 70-809'0 of the biological core areas and 50-609'0 of the corridors. 3. Protecting 41 priority species and 59 total species. . . . . : PROCESS 4IV .rIAf<l-.:t ,,, 1. Draw hard lines around a preserve system within the City of San Diego~ N'!"!:...., lJifl.. lJ^tI, 41+/#,(',;. .5 2. Use the biological cores and linkages map as a reference. 3. Start with all land shown on the Public Lands Alternative, which includes all public and privately dedicated habitat lands and linkages. . Include all lands shown as open space in updated or existing community. general plans and proposed projer plans. . S. Add the habitat required for the protection of all Federal and State listed species, species proposed for listing and, category 1 Candidate species. 6. Provide for contiguity and configuration through the application of specific sufficiency. standardlll< C S 7 K th 'red 1 d . . -ff'l"u{ 417 ~,y.., ",,,,.,;.,'/. . eep e acqul an at a muumum.' " 8. Save major concentrations of species in step 5 and maximize restoration and enh~cement of habitat to ensure the long term viability of those species. 9. Create a phasing plan with priorities for the acquisition of the habitat over time as funds become available . with bi&hest prionty being the acquisition of coastal sage scrub habitat in private hands. RESULTS a. Preserve all priority species; Federal and State listed, proposed and category 1 Candidate species. b. Protect the habitat of as many Category 2, Babital Indicators and State Species of Concern as possible. . c. Piovide for sufficient contiguity and configuration of preserve. .y~."1:1 CDtPU,.., CIT., .....'DCPT. ".ADIAVT.... ,",'1'."'....) .. ONRAD/SCHLESINGE.R/Ml.B ~ .rJ.2 t,"Y.....N..... t cpo. M..".OIl.IAr.. 011""."".""" ONI..I ,(" ATTACHMENT 3 MAA 2 , ~4 - Dan SiMl' - c-dINtor 104A Santa Monica Blvd. 1592 L&II Anrles. CA ~210 TELIFAX 213.654.1456 ENDANGERED HAIITATS LEAGUE II .. ,....... ,.,A.I... I(c-III "'" Scnlt'" Ol/wr ft.,A.AlIwl..rn. Marcb IS, 1994 Mayor IIIId City Council CitY of QuIa 'Vista ..0. Box 789 Qula Villa. CA 91910 ItE.: Multiple Species ConervationPav&fl!ll (MSCP) Focl'~ Plannin& Anas Honorable Mayor and Counc:ilmembm: 11le Endangered Habitats Lel&ue is In ~on of Southem CaJifamia ~on IfOIIPs and individUals dedicated to ecosystem ~on and i~ land use plannin&. We flelieve that I successful Multiple Speties eonseMtion PaOCJIm Is lbIoMe1y euential to the future economic bea1th and quality of life of she San Die&o reaion. Delineation of Focused Plannilli Anas (fPAs) is I '*""P"Y first step for plan implementation, and we ItI"OIlgly urae ~u to authorize she initiation of Ibis P'~ Because the fP As will live di1'ection to aU future pi . . it is vital dlat the criteria you .. for their .,e1opment be IOUIld. We would Uke to the cue tbalthe FPAs should be muhiple habitat in tcope and bioIOSic:a1ly-based. And \bey should tI\COIII~ -lIS " ""rri~ dtfGiltd /llrurt "oMi", -the -core biolo&ica1 resource areas and cons1:raJned JiDb&eS. . by dle M~CP ICientific consultants as I result oftbeir twO yan ofltlldy. III the MSCPWortirI& Draft. die care bio1o&icaI NIOIZI'Ce areas.. cIefiDed as ~ IUPPOf1ingl hi,h concentration of aensitive biolOSfca1.-ourc:es which. if lost or trqmenteeS. cOuld not be nulialteeS ellewhere. On areas shoUld be the basis for desianinJ the .-'lC"Ve system boundaries as part of the subarea planDin, ptOCltSS, Le.. UDhamenteeS ~ resource areas should be included within she filial... I "'-/C boundlries. . ncre ..1IMft11dvaftt1111 to JOU 1II1111b1ilbina dle" ~C)' tIIat dle Focv.... .....1.. ~ should be bued OIl dle cae llioIosJ.,.'II'IICIUnlI'" a1nidy I' .rifled: . OII1y tbis ..........ch dells. dle .,.-..;rc __ oflllbitlllDd.. -'w CIClIlilrvalion _1leYODd ceo--1 ..1CNb - wIlidI face UL OII1y. Wo1O&lcaD~"" ru-It"1ft ~ die wDdtifc ....- die 8IIlI'III* 6ey Died to'" .-.olll for Jilted aDd as Jet "",;..... r- a..1"'.. ..permits lI..".__...furA--tIJ pJ ofaa1tiple.. ~... "_RM,,_ OII1y by lDcIudiDI the cae ~ 1'IICIUnlI'" wIddJI the Focun r JIIanJIini =:,~=f.'=~~';:='-~"=== . . . ~ ~ ,;J/-I.J . 'Ibe best land Ult and economic decisions will be made Pili the core bio1ozica1 ceas u the swtin& point. . We antieipa1e that indirect benefits of this ...... ...eh ...m include a more satisfactory open Ip&te system for the public. with the best recreational nil system, the most tcenic visw. and the ptest Clualit~ of life benefit. We strOnZly Ul'Je you to adopt Focuted Plarmina Area criteria oJtJda '/of" 1eD4 to rapid ftSIlhs in termS of a plan ~Ie to the wildUfe lIe:ncies and in termS of obtainin& the penn.its for declinin& species which MU avoid future economic dinption. Suc:h criteria it......~ the Ilest bioloaiCallCience. 'lbank you for considerlq our view.. . With best ftiards. ~ rw<'?. Dan Silver. Coordinator J;Z 't? ...-, , ~ .2'1-/0/ . ~ ATTACHMENT 4 ENDANGRED H" ",..,'" to IItt 1'roI~/ii," of c..,. TS LEAGUE ..-.4 OIltnn...,.,.", ~I"". Dan Silver - Coordinator 1424A Sanla MonIcI Blvd. .592 Los Anse1es. CA 90069-f210 TEL/FA)( 213- 654 '14~ Testimony on Focused Planning Area Criteria for the MSCP AcRMo..itero ~'b ~14,f, '~)Lf Sie.\'ra.. Cl~ o..ddd-i~\w . J~ ~ 1 II, 1 P - Ccrnm e.t\t.s 01\ b:1.c.k. HOIlOI"lIble Mc:mlll:r~ of the Policy Committee: 1M 'Endangered Habitats League is an organization of Southern California conservation aroups and individuals dedicated to ecosystem protection and land use solutions. As decisions are made on focused planning area (FPA) criteria for the Multiple Species Conservation Program (MSCP), we urge you to consider the following: A multiple babltat scope Is necessary The adoption of a multiple habitat scope is critical for program success and for proteetion from the future listing of numerous species as endangered. A multiple habitat approach is cost- effective in the long term, and provides a superior reserve design. We should think ahead. Also, it would be difficult if not impossible to go back and do a second or third round of planning in the same geographic area - that is the opposite of the certainty we aU seek. Dependable fUWIcing mechanisms which will achieve reserve goals should be set in place at the start, and if phasing of the plan is necesSlIry, this should be done on a geographic rather than habitat-by-habitat basis. The core blololtlcal resource areas are the best FPA . The "~ biological resource areas and COII'strained Unkages. - as identified by the MSCP scientists after yean of study - should be designated as the focused planning area. This is for two ftasons. First, only a reserve based upon the on-the-ground ~iological realities will result in the pre-listing assurances from the wildlife agencies which we all leek. Secondly, only a "build Clown" approach which starts with the full range of conservation options. and gets reduced in size OYffl time as ~ustified by scientific data, is consistent with the NCCP Conservation Guidelines. An approach whIch starts small and builds up is inconsistent. These Guidelines are recognized by the U.S. Fish and Wildlife Service as the best available information. Aannlnl nexlbillty should be ..a~lmlnd An FPA based upon the cOre blo1o&ical resource areas will retain maximum planning flexibility for decision-makers 0Yf!l time. liaving aD these options available will also II1SIft that the most cost-effective land use decisions can be made. Another advantalle ofbaving a broad FPA II that mechanisms for ~operties to exit an FPA are much easier to adopt than are means 10 add new lands into the planning area at a later date. 1be later type of uncenainty for property owners should be avoided if all possible. 1 ~ .11/-1S' J..Pt -, \ Set b'iological standards first, then appl)' economic and land use factors Land use and economic factors must, of course, be fully integrated into final reserve design. The place for this integration is at the local, subarea planning level, where it is appropriate to consider specific sites and specific projects. First. howt'~'t'r, it is necessary to st't biological 8(1als and standards within thr FPA. Biological standards on a regional scale are needed to guide the preparation of subarea plans, to ensure their consistency with each other, and to provide an objective basis for wildlife agency assessment and sign-off. Another positive result of these standards will be a level playing field among jurisdictions. Create quality of life and recreational opportunities A comprehensive, multiple habitat plan will lead to the highest quality of life for the public. Jt will provide the most significant open space benefits and will ma..imally enhance community values. Such an approach will also lead to the most scenic vistas and the most satisfying equestrian and bicycle trails, The FPA should be broad enough so as to allow the incorporation of these compatible, recreational features. The "environmental infrastructure" of the MSCP is a very wise investment in the future. Work in tandem with the ,,'lIdlife ajtencies Consultation with the wildlife agencies is aucial at this point to verify that we are on the right track for obtaining assurances on species. We should ask their guidance on FPA aiteria. Conclusions So that many listings can be avoided in the future, the program should remain multiple habitat in scope. The "core biological resource areas and constrained linkages" already identified after intensive analysis should be designated as the focused planning area, Biological standards for preservation within the FPA will then allow the final reserve to be "built down" during subarea planning, Only this approach is consistent with ~e NCCP Conservation Guidelines. This approach will also result in the greatest degree of planning flexibility. Mechanisms to exit a large FPA will be available, and additional properties will 1IDT have to be added later. Site-specific land use and economic factors will enter into the planning process at the subarea level. We urge you to adopt focus planning area criteria and a planning process which reflect these conclusions. 'Iba.nk you for considering our views. POU"'ll.L ilfL\o(. ~OU/\. but. ~ to i:ht.. p~ r\'\o..cL. ~ ~~. Wi.. ~~ iho:l. th.t.. ~ ~LJ..o~ AL40W\.Ct N\R,.QA frU.tA:t b.(. th... ~ ~ -the. FP4\4. 1l ~ 4I\.t. 1I.ot\ t'\u. ~n~ ,f'~ 1Wt\.-'^i'P~ b~ lASH Ws. ~ b.L.&toi~ {~ ~ ~~~ tt> Lv.. . ~ ~~ b,e. A.. ~ w.u:n ~~fI..l. o..nd n\Ol\L~ cU\.cl ~ k Q..t\. ~ ~A~-1:Wn ~~ .lc~~ P.to..nN..T\d' 2 - .' r- _\~ 'A'C.I.A. 1..r.l<1\,,'\P~ J~- I" - 0 . ~ ~ Lul.d ~ ........ .,- , ~ ~ I ~ .2'1-/(, '\"""'r~ 12- .. A'ITACHMENT C CLARIFICATIONS AND MINOR CORRECTIONS TO DRAFf "MULTI-HABITAT PLANNING AREA" (FIFfH ALTERNATIVE) MAP Otav Ranch . 400 acres of active recreation within the Otay Ranch Resource Management Plan (RMP) boundary (focused on Otay River Valley) should be assumed. . Alta Road, Paseo Ranchero and La Media Road impacts to preserve should be considered. . Small area within Poggi Canyon and within Village I of Otay Ranch GDP, located outside of RMP boundary, needs to be shown as development area. . Limited Development Areas within Planning Areas 16 and 17 of the Otay Ranch GDP should be depicted as 90% open space areas. Other Areas . Lower Sweetwater Valley property should be removed from open space designation in this alternative. . Salt Creek should be designated as 90% open space, as far south as the southerly EastLake boundary, consistent with the Salt Creek area located north of Otay Lakes Road. . Designation of Otay Water District property, located north of Salt Creek Ranch, should be refmed. Area located outside of "biological core" area should be designated as development area in view of the existing two 5-mi1lion gallon potable water tanks, 10 reclaimed water ponds, and planned future water facilities. . Slope bank at northeast comer of Otay Lakes Road and Telegraph Canyon Road should be shown as development area. . Boundaries of preserve areas in northeastern portion of Salt Creek Ranch need to be refined, and shown as 100% open space. . Areas designated in City General Plan as "open space," which do not currently have discretionary planning approvals, may be allowed up to 1 dwelling unit per 10 acres, based on General Plan policies. (M: \home\planning\nancy\mscp5th.lst) ,(l/~/? ,., . i,l, :.l\ ' . TO: VIA: FROM: SUBJECT: November 22, 1994 Honorable Mayor and City Council John Goss, City Manager ~ Bob Leiter, Director of ~ning 1,/ L Resource Conservation Commission Actions Relative to Items 19 and 24 on November 22 City Council Agenda On November 21, 1994, the Resource Conservation Commission held a special business meeting to consider two items which are scheduled for consideration by the City Council at your November 22 meeting (copies of the draft minutes are attached): Item 19 Item 24 (F7\n:c1121.m) Resolution Approving an Agreement with the Enviromnental Trust, Inc. and Bonita Long Canyon Partnership for Purchase of Land as Wetlands Mitigation for Two City Projects and AT " T's Project at 86S Third Avenue, and Authorizing the Mayor to Execute Said Agreement on Behalf of the City The Resource Conservation Commission voted 4-0 to approve the resolutiOlJ. Report on Multiple Species Conservation Program Focused P1l1nnlng Area Alternative The Resource Conservation Commission voted 4-0 to accept Alternative /I 5 (Multi-habitat .Planning Area Map) as an alternative, but requesting that each of the alternatives be prepared with overlays on a vegetation map in the draft EIR for final determination. The Notice of Preparation of the EIR shall be brought to the Commission for input on the content of the draft EIR. This action does not constitute endorsement of the fifth alternative. ) ;2f'-J( MINUTES OF A SPECIAL MEETING Resource Conservation Commi~!lion Chula Vista, California D~ ~-h ,. ~' ,A " P"~ , 'r\f'~r J J 7:00 p.m. Mondav. November 21. 1994 Conference Rooms #2 and #3 Public Services Buildinl! CALL MEETING TO ORDER/ROLL CALL: The meeting was called to order at 7:04 by Chair Burrascano. MEMBERS PRESENT: MEMBERS ABSENT: Chair Burrascano, Commissioners Hall, Fisher, and Marquez Commissioners Guerreiro, Ghougassian STAFF PRESENT: Staff present: Environmental Review Coordinator Doug Reid, Associate Planner Barbara Reid, Planning Director Robert Leiter, Principal Planner Duane Bazzel MSUC (Hall/Fisher) (4-0)to excuse Commissioner Ghougassian due to a business commitment. PRESENTATION OF PROJECTS 1. Recommendation to Council approving an agreement between the City, The Environmental Trust, Inc., and Bonita Long Canyon Partnership for purchase of land as wetlands mitigation for two City projects and AT&T's project at 865 Third Avenue. Associate Planner Barbara Reid introduced the project, advising the Commission that the proposal was for the purchase of land to be utilized as off-site wetlands mitigation for three drainage projects. She described the drainage projects, and the location of the proposed mitigation property. Mr. Jim Carter from Environmental Trust described the functions of the Trust, which maintains and manages mitigation properties in perpetuity, therefore providing for the long-term viability of the properties. Commissioner Marquez asked how the properties were selected; Mr. Carter responded that preliminary biological surveys were done to determine appropriate sites for mitigation. Environmental Review Coordinator Doug Reid pointed out the proposed mitigation properties on an aerial map, noting the adjacent properties. In response to questions by Commissioner Fisher regarding present habitat on the proposed mitigation sites, Mr. Carter explained the current species on site as well as revegetative plans. Ms. Reid noted that the proposed drainage projects being mitigated have degraded wetlands. She indicated that while the Telegraph Canyon Creek project consists of temporary improvements, the AT&T project is of a permanent nature and will include concrete channelization due to engineering requirements related to water velocity. Ms. Marquez asked if the one-to-one ratio had already been approved; Mr. Carter responded that it had. Ms. Marquez asked about success criteria. Mr. Carter indicated that while the fmal program was not yet in, the Department of Fish & Game would provide the final criteria. Ms. .2 tj ~ ;20 Resource Conservation Commission -2- November 21. 1994 Marquez indicated that she was still unsure as to how the mitigation properties had been chosen; Mr. Carter reviewed the mitigation properties, indicating that the sites adjacent to Otay Lakes Road would abut existing open space areas in Rancho del Rey. Commissioner Fisher stated that he was concerned with the proximity of two of the sites to Otay Lakes Road, stating that habitats near roads typically have lower densities of species than areas further away. Mr. Carter responded that these properties would create more of a buffer for the adjacent open space area, adding that the larger parcel could potentially be developed with three to four residential units otherwise. Mr. Fisher asked if biological surveys of the mitigation sites were available; Mr. Carter responded that they were not. MSUC (MarquezlHall) (4-0) to recommend approval of Resolution 17710. 2. Recommendation to City Council/PI"nning Commiqion regarding MSCP plans Cor Curther environmental analysis. Planning Director Robert Leiter provided a general background on the Multiple Species Conservation Plan process, reviewing the work conducted over the past three years by consultants in conjunction with an MSCP working group to create standards and criteria and identify core biological areas for an MSCP to be reviewed and approved by the U.S. Fish & Wildlife Service. Mr. Leiter described the maps prepared which identified distinct areas of biological resources and linkages throughout San Diego County. These maps are a part of the draft MSCP framework plan which includes four alternatives. Mr. Leiter pointed out and described the various maps. He reviewed the first alternative, known as the biologically preferred alternative, which includes approximately 187,000 acres of the most important biological resources; the second alternative, known as the multiple habitats alternative, includes 150,000 acres of various resources; the third alternative, known as the Coastal Sage Scrub alternative, includes 90,000 acres focused on CSS habitat; and a fourth alternative, submitted by the Alliance for Habitat Preservation (a group of major developers and property owners), which presented heavy use of publicly owned lands and designated open space areas, and included Miramar. Mr. Leiter noted, however, that the Navy had not agreed to be included in the MSCP. Mr. Leiter indicated that recently, the City of San Diego under Mayor Golding had presented a fifth alternative plan which attempted to create a compromise between the other four. This plan looks at publicly-owned lands which would be viable preserve options, and attempts to refme the identification of individual jurisdictions' open spaces as well as biological resources. In June, the Chula Vista City Council endorsed the proposed criteria for the fifth alternative, and directed staff to assist in preparation of this alternative. The evaluation process was reviewed; Mr. Leiter stated that an EIR will be prepared to evaluate all five alternatives, and will quantify the strengths and weaknesses of each; at a regional level, jurisdictions within the MSCP plan will then evaluate ways to fill in the gaps if necessary. Mr. Leiter added that the EIR will include an economic analysis, and should be out by July or August. After the plans have been completed, the framework plan will be adopted on a regional ;2t/-- ;2/ Resource Conservation Commission -3. November 21. 1994 level, after which each jurisdiction will amend their General Plan and Zoning Ordinances as needed to implement the MSCP. Commissioner Marquez asked what will be protected by the proposed plans that is not already planned for preservation; Mr. Leiter explained current discussion relating to the proposed San Miguel Ranch project as an example of new preserve areas being planned, as well as plans to create mitigation banks. Mr. Reid added that Rancho del Rey had purchased 360 acres of O'Neal Canyon for off-site mitigation. Mr. Leiter stated that the new plan will make many reserve systems permanent, and will ensure the long-term rmancing and maintenance of preserve systems. Commissioner Fisher asked if this plan would interact with SANDAG's; Mr. Leiter responded that it would. . Mr. John Brown of Dudek & Associates noted that Dudek is working with the County to identify preserve areas, adding that SANDAG's and the County's plans will be consistent. Mr. Fisher questioned the blank (white) spots within the County areas (east) on the City of San Diego's proposed map. Mr. Leiter stated that Ogden had performed the evaluation, and had presented the maps based on their evaluation of biologically valuable areas. Mr. Brown concurred, explaining the various models that had been used by Ogden, Dudek, and other consultants and experts to arrive at the Habitat Evaluation model. He stated that the white areas referenced probably had low concentrations of CSS. Mr. Fisher expressed concerns that some species were not yet identified or well-researched. Mr. Leiter pointed out that the white areas were not necessarily designated by the County's General Plan for urban development, and that much is planned for low density and agricultural usage. Mr. Fisher questioned references by others to the map boundaries as "hard lines". He felt that if the boundaries indicated were truly hard lines, with development unrestricted by biologically sensitive areas outside of these lines, there was too much habitat outside that had not been analyzed sufficiently. Mr. Leiter stated that he did not believe that the County would adopt the map as shown with the intent to permit urban development in the white areas, but noted that the question should ~ directed to the County. He added that staff could follow up on this issue. Mr. Brown reviewed the process by which the boundaries had been dermed, stating that he did not believe that the subject of hard lines was a serious issue at this point. Mr. Fisher also noted that it was difficult to get a feel for the areas depicted on the various maps. Mr. Brown stated that SANDAG maps included acetate overlays that provided clarification of the different resource areas. Chair Burrascano suggested that overlays be provided to more accurately depict the various resources on one map for the EIR review. Commissioner Marquez expressed concern that Fish & Wildlife staff have not provided input on the information presented and that it is unclear how that agency's staff members feel about the issues. She stated that the agency's formal position will be unknown.until the plan is fully completed. Mr. Fisher asked about the "no project" alternative; Mr. Brown stated that it will be presented, and would address current piecemeal mitigation. Mr. Fisher reiterated his concerns regarding the lack of information presented for the white areas, primarily in the easterly portions of the County, as it pertains to identification of potential species. Mr. Leiter responded that this plan would not preclude opportunities relating to the identification of species in the future. d- t/~ ,).2. . Resource Conservation Commission -4- November 21. 1994 Chair Burrascano questioned the areas where lin1aiges do not exist between identified core areas (e.g. at SR 125 crossing). She also pointed out that the revegetation taking place at the Otay River Valley area is not depicted on the map. Commissioner Marquez stated that she found the fifth alternative to be a far cry from the first two alternative maps. She felt that resource-wise, the fifth map is lacking, as it shows land that is already protected and does not seem to add much. Commissioner Hall felt that alternative #5 should be combined with the others somehow, and not omitted although it should not stand alone. Commissioner Fisher stated that he felt that the overlays were necessary before he would be comfortable voting on a recommendation. Mr. Leiter suggested that the commission could make a recommendation to allow the process to move to the EIR stage, at which time the Commission will have more information with which to make a judgement. He noted that any motion could include an indication that the Commission is not endorsing a particular alternative. MSUC (HalI/Burrascano) (4-0) to accept alternative #S (Multi-habitat Planning Area Map) as an alternative, but requesting that each of the alternatives be prepared with overlays on on a vegetation map in the draft EIR. The Notice of Preparation of the Environmental Impact Report on the MSCP shall be brought to the RCC for input on the content of the draft EIR. This action does not constitute endorsement of the fifth alternative. Mr. Leiter advised that more information on this project would be brought to the Commission prior to review of the draft EIR. ~ STAFF COMMENTS Mr. Reid advised that the next regular meeting would be December 12, 1994 rather than November 28, and that there would not be a meeting on December 26. ADJOURNMENT The meeting was adjourned at 9: 13 p.m. Patty Nevins, Recorder ) tj/).] . ~ 8.1 .b COUNCIL INFORMATIONAL MEMO November 22, 1994 TO: The Honorable Mayor and City Council VIA: John Goss, City Manager FROM: Jerry J. Jamriska, Special Planning SUBJECT: Chula Vista Sphere of Influence Update Recommendation: Staff requests permission to appear before the Board of Supervisors on November 29, 1994 to state and request the following: "It is the position of the City of Chula Vista that it is premature for the County Board of Supervisors to take action on the City's Sphere of Influence Study for the following reasons: 1) the Final Sphere of Influence Study is not scheduled for completion until mid- December; 2) the data contained in June, 1994 "Staff Draft" Report, that the County Planning Staff is relying upon, was released only to a few agencies to determine if the data contained within the "Staff Draft" was accurate and comprehensive. Several changes are being made to the document based on County and other agency staff comments. Staff has updated all of the data contained within the earlier "Staff Draft" report; 3) the Environmental Impact Report will be completed in mid-December. The "staff Draft" did not contain any environmental information. The EIR has not been reviewed by County staff; 4) LAFCO and City staff are scheduled to hold a joint public forum on the Sphere Report and EIR in early January, 1995. The Chula Vista Planning Commission public hearing is scheduled for March 8, 1995 followed by the Chula Vista City Council hearing on April 11, 1995. Submission to LAFCO will occur on April 14, 1995; 5) the City and County have established Joint Policy Subcommittees consisting of two members of the Board of Supervisors and two members of the City of Chula Vista City Council. County staff has not brought their recommendations to that committee for action and consideration. cJ7b -/ ~.1 The Honorable Mayor and City Council 11/22/94 Page 2 of 7 6) the City of Chula Vista staff was only given 1.5 days to review the County's Staff report, and no opportunity was offered to meet and discuss the report recommendations. Therefore, it is recommended that: 1) the Board of Supervisors take no action until they have all the necessary information at their disposal, and 2) that the Joint City and County Policy Committee meet as soon as possible to review, discuss and make a recommendation to their respective bodies." BACKGROUND INFORMATION Board of SUDervisors ReDort: The afternoon of November 16, 1994 a County employee delivered a copy of a staff report to the Otay Ranch Project Team Staff. This report (attachment) was being presented to the County Planning Commission on November 18, 1994 and to the Board of Supervisors on November 29, 1994. The report requests the Board to take a position on Chula Vista's Sphere of Influence and annexation of the Otay Ranch to the City. The CAO makes the following five recommendations to the Board and asks for direction to forward them to the City and LAFCO: 1. Easterly Sphere Boundary should be the center line of the Otay Reservoirs. 2. Support inclusion of the Inverted "U and Watson property within the City's Sphere. 3A. Exclude from the Sphere: Otay Landfill Village 3 of the Otay Ranch Nelson Sloan Rock Quarry Otay Valley Regional Park Otay Mesa Industrial areas 3B. The County will support inclusion of these areas if: (a) the City enters into a legal agreement that prohibit the City from imposing landfill host fees, (b) the City agrees to amended the General Plan to eliminate the Industrial designation on Village 3 and conform to the County's alternative, :27h-;L The Honorable Mayor and City Council 11/22,/94 Page 3 of 7 (c) the City reimburses the County for administering the regional park planning effort, and, (d) the City amends the existing Sphere to delete land east of the Lower Otay Reservoir. 4. Annexation of the Otay Valley Parcel be phased in accord with the Otay Ranch GDP Village Phasing Plan. 5. County will support including the Otay Valley Parcel within the Sphere if the Property Tax Agreement is settled before the Sphere is approved by LAFCO. No advisory statements from the Otay Ranch Supervisors Subcommittee, Planning Commission or community planning groups are included. The report recognizes Fiscal Impacts are unknown because the FIND Model is being updated, and the information is not available. Alternatives suggested include: (a) Postponement until tax agreement is completed. (b) Support the Sphere without the 3B conditions. (c) Propose a sphere that is coterminous with the existing City limits and leaves the entire Otay Ranch in the County. (d) Support an alternative Sphere boundary ancVor support recommendation 3A. (e) Take no action. County PlAnn;n... Commission Meet;n...: The item on the County Planning Commission agenda was number 7 (attachment). However, it was taken out of order and considered as the first item. County staff was aware that Baldwin and City representatives intended to speak against the action. Consequently, Baldwin and City representatives arrived after the public hearing portion was closed. The Planning Commission, by unanimous vote (6-0), approved the staff recommendation with the following amendments: 1. Approved establishing the Eastern Sphere boundary as the center line of the Otay Reservoir. 2. Approved the inclusion of the inverted "L" and Watson property in the City of Chula Vista Sphere. 3A. Approved the following areas to be excluded from the Sphere: Village 3 of the Otay Ranch Nelson Sloan Rock Quarry ,;< 71r:] The Honorable Mayor and City Council 11/2W94 Page 4 of 7 Otay Mesa Industrial Areas but omitted any reference for the Otay Landfill and Otay Valley Regional Park being added to City of Chula Vista Sphere under any circumstances. 3B. Approved the County offer to support adding the above three areas into our Sphere if the City' agrees to amend our General Plan eliminating the Industrial designation on Village 3; reimburses the County for administering the Regional Park planning effort; amend our EXISTING sphere boundary deleting the land east of Lower Otay Reservoir but deleted any reference of a legal agreement on landfill host fees. 4. Approved phasing of annexation. 5. Approved supporting the Otay Valley Parcel being added to our Sphere if a Property Tax Agreement is settled before the Sphere is approved by LAFCO and subject to the above deletions from the Sphere. (Note, this is normally a task to be completed after the Sphere is approved but before the Annexation Process is concluded.) Another piece of information that portrays the extent of the communication issue is as follows: JEPA Otav Valley Re.nonal Park: At the November 18, 1994 Citizen Advisory Committee (CAC) meeting for the Otay Valley Regional Park, the Joint Staff presented recommendations concerning the selection of the Preserve Owner Manager (PaM) for the Otay Ranch Wildlife Preserve. The Joint Staff had requested from the County Otay Ranch Coordinator a Request For Qualifications on the Preserve Owner Manager so that the Joint Staff could seek direction from the Policy Committee or Executive Management Team on staffs role in the POM selection. The Joint Staff wants the Joint Exercise of Powers Agreement (JEPA) to maintain the option of participating in the selection process and play an active role in the planning and development of the Preserve. The Joint Staff recommended CAC recommend to the Policy Committee the following: that JEPA be a member of the POM selection committee; or that JEPA be made a member of the board of directors of whatever owner is selected; and that the Policy Committee provide direction to CAC on what their role and participation should be in the Otay Ranch Wildlife Preserve. The CAC adopted the Joint Staff recommendations. ;27b~i The Honorable Mayor and City Council 11/2z.'94 Page 5 of 7 This participation as recommended by the "Joint Staff' is not included in the General Development Plan/Subregional Plan policies on the selection of the POM. The GDP sets the membership of the screening committee as the property owner, the City and the County with consultation from the resource agencies. The membership of the selection committee is also determined in the GDP and does not include the JEPA. Raising citizens expectations of participating in a process that has already been determined and does not include them will only hurt future coordination and communication on the implementation of both the Otay Ranch Project and the Regional Park. Better communication within "Joint Staff" will ensure the City's position is coordinated. Citv of Chula Vista Sllhere of Influence Study: A comprehensive Sphere of Influence Study is being undertaken by the City of Chula Vista with the cooperation of the Local Area Formation Commission (LAFCO). A Supplemental Environmental Impact Report (SEIR) to the General Plan EIR and the Otay Ranch EIR and all other environmental documents are being prepared under the auspices of the City of Chula Vista. On June 13, 1994 a pre-draft release of a "Staff Draft" Sphere of Influence Report was released to a few agencies to determine if the data contained within the "Staff Draft" was accurate and comprehensive. The report was incomplete, contained no fiscal data and the City Council Subcommittee did not have an opportunity to review the data. The final staff report and DEIR will be ready for public review and comment in mid- December, 1994. The purpose of the this Sphere of Influence Study is to determine a recommended boundary for the City of Chula Vista sphere as it relates specifically to the Otay Ranch Project Site. LAFCO, in reviewing requested sphere amendments, will analyze this proposal based upon criteria established in the CortesE'/Knox Act and their specific sphere guidelines. LAFCO's goals are to encourage compact development, to discourage the premature conversion of open space and agricultural lands and to encourage the orderly development and expansion of local agencies. The guidelines state that LAFCO will consider including territory within a city's sphere that requires the city's services now or within the next 15 years. In addition, the following factors are important in determining an appropriate sphere: . present and planned land uses; . need for city services; . capability of the city to provide services; . social and economic communities of interest; . cost of services; . impact on adjacent agencies and areas; . consistency with general plans; and . natural boundaries. d.7b~3 The Honorable Mayor and City Council 11/22/94 Page 6 of 7 Histon of City of Chula Vista Sllhere of Influence Ulldate Process: San Diego LAFCO adopted the initial City of Chula Vista Sphere of Influence in 1985. In 1992, LAFCO staff requested that the City of Chula Vista respond to a sphere of influence evaluation to determine if a sphere update study should be initiated. Based on that evaluation, on July 12, 1993, LAFCO approved initiation of a comprehensive update study of the City of Chula Vista Sphere of Influence. Sllhere of Influence PlAnn;ng Areas: During the initial phase of the Sphere of Influence Study, five planning areas were identified as candidates to be included within the City's sphere of influence recommendation, as follows: Sphere of Influence PlAnn;T1g Areas Otay Vallev Planninl1' Area (1) 9 298.65 acres Resort Planninl1' Area (2) 2,092.80 acres Inverted "L" Plannine: Area (3) 457.00 acres Otav Mesa Industrial Planninl1' Area (4) 870.30 acres Special Study Areas and Sweetwater Parcel 897.96 acres (5) Total 13616.71 acres Land Uses A comparison of the number of housing units permitted by the General Plan for the City of Chula Vista and the County of San Diego within each planning area is depicted below: Residential Land Uses Area City Units County Units Otav Vallev Planninl!' Area 18 946 19017 Resort Plannine: Area 2.340 2.311 Inverted "L" Planning Area 185 389 Otay Mesa Industrial Planninl!' Area Industrial Industrial Snecial Study Areas and Sweetwater Parcel N/A N/A 21,675 21,513 Totals After four and one-half years of planning and deliberations, on October 28, 1993, the City and the County jointly adopted the Otay Ranch General Development Plan/Subregional Plan (GDPjSRP). Otay Ranch constitutes 87% of the Sphere of ,)7b-? The Honorable Mayor and City Council 11/22/94 Page 7 of 7 Influence Study Area. With the exception of Village 3 within the Otay Valley Planning Area, the land uses permitted in each jurisdiction's land use plan are identical. County Annexation Policies: Board of Supervisors Policy I-55, "Annexation and Incorporations", generally encourages annexation, if: . the area is within an adopted sphere; . the annexation represents an orderly extension of existing city boundaries; . there is no natural geographic separation between the existing city and the area to be annexed; . the city can more efficiently provide services; . the size of the annexed area is in scale with the existing city (Le., the existing city is "sufficiently larger than the annexation); . the community identity of the annexing area is compatible with the city; . annexation will not be a detriment to a future incorporation; and . annexation will not cause a significant adverse fiscal impact upon the County. If additional information is desired, I can be reached at 422-7158. Attachments: c27b---? . . , Memorandum DATE: November 22, 1994 TO: John Goss, City Manager FROM: Jerry Jamriska, A.I.C.P., Special Planning Projects Manager RE: Chula Vista Sphere of Influence Report On November 16, 1994 Bill Healy delivered a copy of a staff report being presented to the Board of Supervisors on November 29, 1994. We were also notified that the County Planning Commission was going to consider this item on November 18, 1994. My memo to you dated 11-17-94 reflects the County staff report. The item on the County Planning Commission agenda was number 7 (attachment). However, it was taken out of order and considered as the first item. County staff was aware that I intended to speak against the action recommended by staff. Consequently, Baldwin and City representatives arrived after the public hearing portion was closed. The planning Commission by unanimous vote (6-0) approved the staff recommendation with the following amendments: 1. Approved establishing the Eastern Sphere boundary as the center line of the Otay Reservoir. 2. Approved the inclusion of the inverted "L" and Watson property in the City of Chula Vista Sphere. 3A. Approved the following areas to be excluded from the Sphere: Village 3 of the Otay Ranch Nelson Sloan Rock Quarry Otay Mesa Industrial Areas but omitted any reference for the Otay Landfill and Otay Valley Regional Park being added to City of Chula Vista Sphere under any circumstances. 3B. Approved the County offer to support adding the above 3 areas into our Sphere if the City; agrees to amend our General Plan eliminating the Industrial designation on Village 3; reimburses the County for administering the Regional Park planning effort; amend our EXISTING sphere boundary deleting the land east of Lower Otay Reservoir. but deleted any reference of a legal agreement on landfill host fees. J.?b- ?' 4. Approved phasing of annexation. 5. Approved supporting the Otay Valley Parcel being added to our Sphere if a Property Tax Agreement is settled before the Sphere is approved by LAFCO and subject to the above deletions from the Sphere. (Note, this is normally a task to be completed after the Sphere is approved but before the Annexation Process is concluded). Another piece of information that portrays the extent of the communication issue is as follows: OTAY VALLEY REGIONAL PARK At the November 18, 1994 Citizen Advisory Committee (CAC) meeting for the Otay Valley Regional Park, the Joint Staff presented recommendations concerning the selection of the Preserve Owner Manager (POM) for the Otay Ranch Wildlife Preserve. The Joint Staff had requested from the County Otay Ranch Coordinator a Request For Qualifications on the Preserve Owner Manager so that the Joint Staff could seek direction from the Policy Committee or Executive Management Team on staff's role in the POM selection. The Joint Staff wants the Joint Exercise of Powers Agreement (JEPA) to maintain the option of participating in the selection process and play an active role in the planning and development of the Preserve. The Joint Staff recommended CAC recommend to the Policy Committee the following: that JEPA be a member of the POM selection committee; or that JEPA be made a member of the board of directors of whatever owner is selected; and that the Policy Committee provide direction to CAC on what their role and participation should be in the Otay Ranch Wildlife Preserve. The CAC adopted the Joint Staff recommendations. This participation as recommended by the "Joint Staff" is not included in the General Development Plarv'Subregional Plan policies on the selection of the POM. The GDP sets the membership of the screening committee as the property owner, the City and the County with consultation from the resource agencies. The membership of the selection committee is also determined in the GDP and does not include the JEPA. Raising citizens expectations of participating in a process that has already been determine and does not include them will only hurt future coordination and communication on the implementation of both the Otay Ranch Project and the Regional Park. Better communication within "Joint Staff" will ensure the City's position an all issues is coordinated. Enc. County Staff Report Jamriska's memo dated 11-17-94 County Planning Commission Agenda 2 .;2.7b-j . . MEMORANDUM DATE: November 17, 1994 TO: John Goss, City Manager FROM: Gerald J. Jamriska, Special Planning Projects Manag SUBJECT: San Diego County Staff Report on Chula Vista Sphere of Influence Study The Otay Ranch Project Team has received a copy of a County Planning Commission Staff Report scheduled for consideration on Friday, November IS, 1994. The report is also scheduled for consideration by the Board of Supervisors on November 30, 1994. The report ask the Board to take a position on Chula Vista's Sphere of Influence and annexation of the Otay Ranch to the City. The CAO makes the following five recommendations to the Board and asks for direction to forward them to the City and LAFCO' 1. Easterly Sphere Boundary should be the center line of the Otay Reservoirs. 2. Support inclusion of the Inverted "L" and Watson property within the City's Sphere. Otay Landfill Village 3 of the Otay Ranch Nelson Sloan Rock Quarry Otay Valley Regional Park Otay Mesa Industrial areas 3B. The County will support inclusion of these areas if: 3A. Exclude from the Sphere: (a) the City enters into a legal agreement that prohibit the City from imposing landfill host fees, (b) the City agrees to amended the General Plan to eliminate the Industrial designation on Village 3 and conform to the County's alternative, (c) the City reimburses the County for administering the regional park planning effort, and, (d) the City amends the existing Sphere to delete land east of the Lower Otay Reservoir. ,).7)Y~)(} '\ .! I ',. John Goss November 17,1994 Page 2 .' 4. Annexation of the Otay Valley Parcel be phased in accord with the Otay Ranch GDP Village Phasing Plan. 5 County will support including the Otay Valley Parcel within the Sphere if the Property Tax Agreement is settled before the Sphere is approved by LAFCO. No advisory statements from the Otay Ranch Supervisors Subcommittee, Planning Commission or community planning groups are included. The report recognizes Fiscal Impacts are unknown because the FIND model is being updated and the information is not available. Alternatives include: (a) Postponement until tax agreement is completed. (b) Support the Sphere without the 3B conditions. (c) Propose a sphere that is coterminous with the existing City limits and leaves the entire Otay Ranch in the County. (d) Support an alternative Sphere boundary and/or support recommendation 3A (e) Take no action. Otay Ranch Project Team Recombination: The Otay Ranch Project Team requests permission to appear before the County Planning Commission this Friday, November 18, 1994 and the Board of Supervisors on November 30,1994 to inform them of the following:. It is the position of the City of Chula Vista that it is premature for the County to take a position on the City's Sphere since the Sphere Study is not complete, the EIR is not finished and neither of these documents have been reviewed by the citizens of Chula Vista or San Diego County, the Chula Vista or San Diego County Planning Commissions or by the Chula Vista City Council. County staff is making a recommendation to the Board based on an incomplete City "staff" draft of the Sphere report. This report was sent to County staff for their review to ensure the County information was correct. Several changes are being made to the document based on County and other agencies staff comments but the revised document is not ready for public review. The County's report is based on an incomplete draft Sphere study report with no environmental or fisca1 data. The Sphere Study and EIR are scheduled to begin public review on December 19,1994 with a joint LAFCO/City public forum on the Sphere and EIR held in the first part of January, 1995. The Chula Vista Planning Commission public hearing is scheduled for March 8, 1995 followed by the Chula Vista City Council hearing on April 11, 1995. Submission to LAFCO will occur on April 14, 1995. Therefore, it is recommended that the Board of Supervisors take no action until they have all the information available CC: Sid Morris wi BIS Staff Report ,J7/?~/! ctymgr3.mem , . FINAL AGENDA SAN DIEGO COUNTY PLANNING COMMISSION Regular Meeting, November 18, 1994 Department of Planning and Land Use Hearing Room - 9:00 a.m. ROLL CALL ADMINISTRATIVE For further information regarding this agenda, please call 694-3816. 1. Director's Report to the Commission (8:30 a.m.) Items to be discussed include: Briefing on actions of the Board of Supervisors Planning and Environmental Review Board/Action Sheet Report (G. Cane) Finances and Budget Discussion on Scheduling a Workshop Regarding Private Inho1dings in Public Lands (J. Chaga1a) Request for the Planning Commission to Appoint a Representative to the Fire Mitigation Fee Review Committee (K. Mallory) 2. Public Request to be Heard Opportunity for members of the public to speak to the Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. . 3. Approval of Minutes: September 16, and October 14, 1994 CONSENT AGENDA - 9:00 A.M. - TIME CERTAIN NORTHERN SUBREGION Reaulatory Pro1ects 4. P94-021 (Lassa1ine) California Institute of Technology/Palomar Observatory; proposed Major Use Permit for the addition of an approximately 2,500 square foot research building to Palomar Observatory. The application also contains existing uses on the Observatory site including telescope buildings, museum/gift shop, lodge, 13 residences for staff, and a maintenance shop. Also requested is a specific exemption from the 35 foot maximum required ~~-~ Agenda DISCUSSION/ACTION ITEMS: 5. Economic Advisory (Hurlburt) Board Sunset Commission - Planning and Land Use Committee Recommendations 6. Economic Advisory (Vokac/Casey) Board Sunset Commission - Public Works Infrastructure and Waste Water Review Commitee Recommendations -2- November 18, 1994 by the height regulations for 3 telescope dome structures with heights of 136 feet, 58 feet, and 47 feet, and a water tank with a height of 100 feet. The zoning for the property is S92 General Rural. Palomar Mountain area. The San Diego County Economic Advisory Board, at the direction of the Board of Supervisors, appointed a Sunset Commission, along with nine review committees, to review all County policies, ordinances, and regulations to recommend for deletion or change those that negatively affect job creation and/or retention. The Planning and Land Use Committee is presenting their recommendations to the Commission, which will ultimately be presented to the Board of Supervisors. These recommendations focus primarily on the "Greenbook" and internal Department of Planning and Land Use procedures. The San Diego County Economic Advisory Board, at the direction of the Board of Supervisors, appointed a Sunset Commission, along with nine review committees, to review all County policies, ordinances, and regulations to recommend for deletion or change those that negatively affect job creation and/or retention. The Public Works Infrastructure and Waste Water Review Commitee is presenting to the Commission the recommendations that the Sunset Commission has approved and that will be presented to the Board of Supervisors. J~~O . . Agenda -3- November 18, 1994 7. Chula Vista (Healy) Sphere of Influence Discussion and recommendation on proposed Chula Vista Sphere of Influence Boundary/Otay Ranch. Administrative 8. Report on actions of Planning Commission's Subcommittees. 9. Designation of member to represent Commission at Board of Supervisors.~,r9{AP~~P 10. Discussion of correspondence received by Planning Commission. Deoartment Reoort 11. Scheduled Meetings. .J7};-11 " ~ . ~ ROBERT R. COPPER D;HECrOR (Acting} (6'9) 694.2962 <1Iountll of J$a:n ~i.cBo DEPARTMENT OF PLANNING AND LAND USE 5201 RUFFIN ROAD, SUITE B. SAN DIEGO. CALIFORNIA 92123.1666 INFORMATION (619) 694.2960 November 7, 1994 'I'o: Planning Corr~ission FROI1: Department of Planning and Land Use -J/ ~\,: ' fJw OTAY RANCH; CHULA VISTA SPHERE OF INFLUENCE STUDY The enclosed report is scheduled for consideration by the Boare of Supervisors on November 30, 1994, and is being distributed -- the Planning Commission for information and comment. The draft report has been placed on the November 18 Commissio~ agenda as a discus.cion item. Any response ~1' the Co=issi':l~ ca~ be provided to the Board in advance of the~r meeting on this ~::::::~.. In addition, December 2 ~i~l be Bill Healy's last day with the County. Following Bill's departure, the management and work responsibilities for implementing the Otay Ranch project will be distributed among several staff persons, as shown in the attachment. Future questions regarding the status of the projec~ can be addressed to either Gerry Hermanson or Dennis Verrilli. WTH: Attachment. ;2.7,0 ~J~ ~ , J ' OTAY RANCK PROJECT COORDINATION - staffing Responsibilities - Effective December 1, 1994 project Management and Administration~ Subcommittee staffing~ Overall project coordination~ Referrals~ other Miscellaneous: Staff Allocation and Staff Management: Overall Design Plan: Sphere of Influence~ Municipal Annexations: FIND Model~ Reserve Fund~ Tax Agreement: Preserve Owner Manager Selection and Retention: Resource Management program Phase 2 : SPA Implementation Tasks; Miscellaneous: Budget Management~ Billing Invoices: H: \ORST?'.FF .1bh 11/9/94 )7}J ~/? 1/- '7 "~ Gerry Hermanson Dennis Verrilli Dennis Verrilli John Desch Chantal Saipe Joan Vokac Mike Evans Anne Evdng Chantal Saipe Valerie Carter " ~ ...., '/. .:) WJOOfAj~1J CHULA VISTA SPHERE OF INFLUENCE STUDY/ OTAY RANCH ANNEXATION TABLE OF CONTENTS PAGE BOARD REPORT ATTACHMENT 1 - CITY PROPOSED SPHERE BOUNDARY MAP MTTASHMENT 2 - SPHERE PLANNING AREAS MAP ATTACHMENT 3 - OTAY RANCH LAND USE PLAN ATTACHMENT 4 - SPHERE EXPANSION AREAS OUTSIDE OTAY RANCH ATTACHMENT 5 - ADDITIONAL SPHERE PARCELS WITHIN OTAY RANCH ATTACHMENT 6 - INVERTED "L" AND WATSON PROPERTIES ATTACHMENT 7 - STAFF CORRESPONDENCE TO CITY REGARDING REGIONAL FACILITIES kiTACHMENi E - SPHERE SCHEDU_E COMMUNICATIONS RECEIVEr CL.ERk Or THE BOARD MINUiE ORDER(S BOARDll \DTP-.YRNCH iOC::': J7JJ- /7 ~lLjP\I~IlNIIII~I~ ~[~cg~lr COUNTY OF SAN DIEGO ,-, , '" , -1 DATE: November 30, 1994 fii! fDi 0\ p:;? I L: ; f ,,~, i..:, . = ,i ,-'! q "n' ,. .' "'-""-,-:"....lW W TO: Board of Supervi sors SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION (Districts 1 and 2) SUMMARY: Issue What should be the ~Dunty's POSl:10n regarjing the C~ula Vista ~phare of Influence and potential annexation area boundaries affect~ng the Otay Ranch project? Recommendation CHIEF ADMINISTRA7:VE OFFICER: The County Board of Supervisors hereby states its position on the Chula Vista Sphere of Influence Study (Sphere), and directs the Chief Administrative Officer to transmi: the following recommendations to the City of Chula Vista and to the Local Agency Formation Commission (LAFCo): ~2.ste~lv Snher-e Bounoa""", Reaffinr. February S~ 1991 (#4), tentative Boara aecision to align tne easterly Sphere bounaary with the San Bernardino Meridian. which roughly passes through the center of the lower Otay Reservoi~ It is further recommended that the Sar. Bernardino Merid~ar. alignment bend slightly to follow the center of the L;:;,kc: tz:~ccj"; thE :..ippar o.iid 1 ower i-c:3c:r'v'u~ r.). The t".::c.ommenat::o .1;..........,"',...;.. lo.';"l"': _...,....j.. ..... "'..... r."--'" u.:,,___ .,... ''''---r~' .. ''''9' '. .:...:0....._.... h", ;;:.......,.. III v...o..J '0.11\"11 '1IIQ~C: J..,J \I'\'C':>>V I,..J, WI'IC ~ l~ (Proctor Valley), Village 15 (San Ysidro West), Village 16 (Jamul Rural Estate) and Village 17 (San Ysidro East Rural Estate) remaining within the unincorporated County. with the Otay Lakes forming the natural boundary between the City and the unincorporated area. 2. Northerl\' Sohere Boundan: Support the proposed Sphere boundary relocation to include the inverted "L" planning area and the adjacent 'Watson property'. as these properties are separatea by a canyon from Proctor Valley and relate better topograohically to the adjacent Salt Creek Ranch development within the City o' Cr~la Vista. 3A. Southerly Sohere Boundar\': Recommenc to the City of eh',la Vista and to the LAFCo that the so~:herly Sohere Boundar) 5huuj~ ~xclude the existing County Otay Landfill; ~ 2 \'ili 098 3 rrixed lane ~:e a',,, the Nelson Sloan Rock Quarry area; the Otay Va 11 ey Ref' 0:,c. "ark )71:r )cr " l' SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION Area; and the industrial use areas located south of the Otay River Valley (now within the jurisdiction orthe City of San Diego and County of San Diego). This revised sphere boundary alignment would result in portions of Wolfe Canyon, all of Villages I, 2, 4, 5, 6, 7, 8, 9, 10, 11, Planning Area 12 (Eastern Urban Center), and Salt Creek Canyon (portion of potential University site) to be included within the City's Sphere. 3B. Substitute to Recommendation No. 3A Continaent upon City Aareementrs); Notwithstanding Recommendation No. 3A above, the County shall ;upport the City's proposed south~rly Sphere boundary, which includes the Otay Landfill and the Otay Valley Regional Park, if the City agrees to the following: (a) A Development Agreement or another legal instrument acceptable to County Counsel is entered into with the City of Chula Vista that binds the City from imposing landfill host fees or other fees for the use of the regional landfill, and which bars the City from requiring any City permit for the use of the landfill or for the expansion of the landfill, provided the expansion area is within the boundaries of the existing landfill ownership. This condition shall remain in effect regardless of whether the landfill remains within the ownership of the County of San Dieao or is transferred to the San Dieao Solid Waste Authority or to any other regional authorityj- (b' The City agrees to process a General Plan Amendment (GPA) for Otay Ranch Village 3, consistent with the mixed land use plan aoproved by the :ounty Board of Supervisors on October 28, 1993 rGPf.. 92-0~). ... \ T....... r~_" ....._......~ ........................... ....... ~.......... :....... ..." __......... ...... ,..;:. """.' ~~.c~..:......., '~IIII...U'.)C. 1,.11::; ....V""'II...J IVl Q.II ....v.)...~ ...,..,...........;...~......: ............ ......... ....................___....;....... ....: ...l,.,_ n....... H...11_.. n_...~__..j ...................10;.... "I"'. ....~ W"'I""!''':'''I'''''''''''' VI ...1111;. "'''-~J ,Q,IICJ hC'::!IVIIQ,l Park p 1 anni ng effort, if the County continues as an active member of the Otay Valley Joint Powers Agreement (JEPA) following City annexation of the Otay River Valley. (c) The C it)' removes a 11 i anos i ocated easter'lY of the San Bernardino Meridian (as amendec per Recommendation # 1 above) from the City Sphere o~ Influer:e in ~ts application to the LAFCo. 4 Annexation Phasino' The Board recommends to LAFCo that the a~~exation of the Cta\ Va;;ev Parcel De phased in accordance with t"e developmen- phasing olano approved by the COULty Board of Supervisors as part of Board Polic) 1-105. c27b - J; 1 \ I' ~ SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION 5. Prooertv Tax Distribution: The County shall support the City's proposed sphere of influence, except as herein amended. contingent upon the City Council and County Board of Supervisors reaching preliminary agreement on the distribution of tax revenues prior to Sphere of Influence approval by LAFCo. Advisory Statement None. Major issues have been discussed by the Board of Supervisors Otay Ranch Subcommittee (Supervisors Bilbray and Jacob). The Subcommittee has not taken specific action regarding the Sphere Doundaries. The Planning Commission and the Jamul-Dulzura, Valle de Ora, Spring Valley and Sweetwater Community Planning Groups will receive a copy of t~.s report, and may wish to present comments at the time the Board conSl0ers this item. Fiscal Impact Tax revenues and service costs resulting from the full build-out of Otay Ranch, and the t4X distributions among annexing jurisdictions (Chula Vista), the County, and the Rural Fire Protection District have not yet been determined, but ~re expected to be substantial. A revisec Fiscal Impact of New Development (FIND) model is now under review and will be available before the Sphere is acted on by LAFCo. State law requires that a property tax agreement be approved by the City Council and Board of Supervisors prior to annexation, which will affect the annual revenue distribution between jurisdictions. The adopted General Plan reouires the establisnment of a Reserve Fund Program which wili annuailv update tne revenue soarinG aareement to preciuoe operatinc deficits for. either ju~isdic:ior cu~in~-prc~~:: bu~id-o~:. ~ A1ternc.tives ~ostPone <. oeC1S10n on tne Sonere oounoaries untii the impact of the tax C1S:~~.U:'O~ agresmen: 1S Detter know~, ^ Support the Sohere boundary <.s proposed by the City of Chuia Vista without the conditions set forth in Recommenoation 38; Support ~ Sphere pounoary wnicn is coterminous witn tne existing City oounoary. retaining ali of the developabie are<. of Dtay Ranch within the unincoroorated Co~nty; 4. Support an alternative Sphere boundary other than recommended. and/or support Recommendation #3A alone by eliminating Recommend~tion #38: or - . Take no actior.. ;27b/c2& , , " - .-. j - ! SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION BACKGROUND: The Cortese Knox Act of 1985 requires that the Local Agency Formation Commission (LAFCo) adopt a sphere of influence for each local jurisdiction. The sphere plan outlines the appropriate physical boundary and service area for that jurisdiction. Before territory can be annexed to a city or district, the affected lands must be within the adopted sphere boundary. Local guidelines established by the San Diego LAFCo state that only those areas currently receiving, or that are projected to require city services within the next 10 to 15 years, will be considered for inclusion within a 1 oca 1 sphere. The C~ty of Chula Vista is seeking amendment to their sphere of influence boundary whict> was f:stablished by LAFCo in 1985. At that time, the City's sphe~e was amended to i~clude the Ctay Lakes Reservoir and some lands to the south and west of the Reservoir. Per request of the County Board of Supervisors, LAFCo removed the area which is no~ referred to as the Dtay ~alley Parce' of Dtay Ranch from the sphere, and designated it as a "special study area" t. be jointly planned by the County and City of Chula Vista (7/30/85 #49). An Interjurisdictional Task Force was established to include the City of Chula Vista and the property owner (United Enterprises) in the joint planning process. The purchase of the property by the Baldwin Company in November 1988, led to a formalized memorandum of understanding (MDU) between the City and County to assure joint planning by ooth jurisdictions. This MOU, dated August 1, 1985. included a proviSion reouiring that a "S~bere of Influence and Annexation Agreement" oe processea concurrent with the General Plan Amendment, with a aecision on the spnere agreement "expected to be executed prior to LAFCo action on the Sphere of Influence". Even though the joint General Plan Amendments were approved on Octooer 28, 1993 (GPA 52-04). a sphere agreement was never preparec or decioec. Tn: ~1ty 1S now com~le:1ng a Sohere StUdY for c:.niicioaieci suomitta- ol!"'e::-lj ~o LAFCc 1n Apr11. 1995. -Ine City's tentatiVE: scnedule for the Sphere is orovided in Attachmen: 8. 7he City's Sohere Stuoy re:ommends that the ehtire Dtay Valley Parcel be included in the S~here. l' ,luding the lands planned for industrial use located south of the Ctay River \a;1ey currently within the municipal limits of the City of San Diego; tnat the Sphere boundaries be extended easterly and northerly of the Dtay ~akes to incluo& the Resort Village #13: and that the entire sphere area be annexed all at once in its entirety, rather than phasing the annexa, ,ons in accordance with the approved oevelopment phasing plan. The City'; ~roocsec Sphere Doundary is snown in Attachment 1. I",olicatio~~ and Analysis cf C~ty Sphere Proposal. Department of ~lanninc anc cand Use staff have conferred with the Department of Public Works LioL;c and Solid Waste Divisions. the Departmen, of Parks and _ L _ J.7b/;2j " ~ ~ : - "- SUBJECT: CITY OF CHULA VISTA SPHERE OF IN~LUENCE STUDY/OTAY RANCH ANNEXATION Recreation, and the San Diego Regional Solid Waste Authority in assessing potential County and regional interests affected by the proposed Sphere boundaries. This assessment, however, is concerned primarily with the Sphere boundary issues, And does not include an assessment of the fiscal implications which will result from annexation. A complete fiscal impact analysis will be available at the time the tax distribution agreement is considered by the Board. Per the recommended Board action, the City and County should reach preliminary agreement on the distribution of tax revenues prior to obtaining County support of the Sphere at LAFCo. The issues applicable tn the City's proposed Sphere of Influence boundaries are described below: 1. Easter'" Sph€'~e Bounda!"v. The ex,rt,ng sphere bo~ndary includes the water area of the Otay Lakes, as wtll as some land area located south of the Lakes The existing Sphere boundary currently bisects developable port.ons CC Otay Ranch Vil~age 15 and portions of the proposed Otay RAnch Open Space Preserve area, yet the City has not proposed a realignment of this boundary to coincide win land use determinations resulting from the recent General Plan Amendments. Splitting the developable area of Village 1: with the Sphere boundary or potential annexation line is unworkable. The City has not requested that Village 15 be located within the City. It is therefore ~ecommended that the existing Sphere boundary in this area be !"ealigned to exclude all of Village 15 from the Sphere arEe.. : n acid i: i or,. :one C:'cy :-c.Kes rorrr. a na:ura 1 boundary between I. urban" anc "rural' develoomen: ca::erns. ~A~Cc auidelines oromote the preservation r.; f'ommur~-v iQ"n'!-~';"\ -n" pc,," ~'n" o,,-,'c'ci,'noc liCXCl"""';scc (I A:rc'<\ .... \.. II ......' . _,....... c..__ ,"'" ..._ _.... _. --~ .... -.-. -- ,-..'- -, ~owers :c encourage anc provide plannec. weli-oroerec. efficient urban GeVelCDmen: patterns wltr aooropr,ate cons,oerat,on 07 preserv,ng open- s:a:e lan:s w,:n,~ s~:r ott:ern:." ~x:ens~on O~ Llty serV1ces oeyan: tne natural oounaaries of the Otav Lakes would be difficult at oest. If the pattern 0: urbanization is not stopped at the natural boundaries of the Dtay Lakes. tnere is no other physical feature which would limit easterly expansior of :ne :~t} to demarK a II natural 'I division between the Cit) and the :OL.:fl:'y un~ncorpo~atec area The Chief Aom,r,istrative Officer'-s recommendation is to respect the Dtay Lakes as the natural boundary between jurisdictions by realigning the Soh ere boundary to be coterminous with the San cernardino Meridian, which roughly passes through the middle of the Lower Dtay Rese~voir 'this boundarj woulc shift s~ightly at the ~nters;ct;Jn of the u:p~- a~c 'ower .- e . ~ ...~ ('''-I' '.n" thO c 'pp"'cy','''''-''e ce'.e~ 0:: ~-"'C '-....('"\ !-.;S rV01rs In creer...;,.: ......c... Wl.. 1n _ c.... ".I"C._ ','.... .~..I., ...d...=_). The San Bernarcino Meridiar alianmen: is CO~s1sten: w1tr ~~e'~~:nar\' Board action taken on Februarv ~. 1994 (#4) that tne 5ca~c 'wi - - c2.7)J-~ " "-, :~ " I SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION actively oppose any annexation east of lower Otay Lake, no further than the San Bernardino Meridian". The Resort Village 13, located east and north of the Lower Otay Reservoir, is also included in the City's Sphere expansion area. This village is proposed to accommodate a major resort with up to 800 rooms, ancillary shops, restaurants, service commercial, championship golf and tennis facilities, and single family and multiple family housing opportunities. City expansion across the natural boundaries of the Otay Lakes to include the resort is an example of the "fiscalization" of land use, where city boundaries are drawn not t.O represent the best development pattern but to result in the ma:imum tax benefit to the annexing jurisdiction. In this case, the region at large loses tax revenue to the City, which would otherwise accrue to the entire re~ion. Notwithstanding the property and sales tax revenue ar,ticipated from the build-out of Village 13, the Transient Occupancy Tax (TOT) alone is estimated to exceed two million dollars per year. The County TOT is distributed to regional benefactors, such as the Balboa Park museums, the San Diego and North County Convention and Visitors bureaus, the Greater San Diego Chamber of Commerce and other regional interests; whereas, if the resort were to be annexed to Chula Vista the TOT revenue would largely benefit local interests rather than the region as a whole. Service provision for the resort village is also an issue. Domestic water will not be available until the area is annexed to the County Water A"thority (CWA) (aion~ with acjacent unincorporated Village 15). ~oliowing CWA annexation, the are. would oe served by the Otay Municipal ~ater District, whether or net tn~ village is annexed to the City (the :~ty currently obtains its water tnrough the use of independent water districts; the Otay ~ater Distric: service area is roughly located east cr the :-805 freeway, and the So"thbay Irrigation District serves "roperties west of ;-805 anc nor:" of r. Street, extending east to the Sweetwater Reservoir). LAFCo must consider whetner municipal services wiil be potentially available from the City prior :0 including an area within a Sphere; that finding is improbable for the resort viilage since it is located outside :ne County Water Au:hority bouncary and cannot be served by the CWA. Metropolitan Water District approval and County Water Authority annexation should precede Sphere extensiors to any area this far removed from existing City services. Sewer~nq :ne ~e~Jr: area if annexe~ :c t~~ :itv is also problemati:. The City ha; officlal'~ 'withdrawn' f.om the Metro~olitan Wastewater Distric:. leavin~ its Metro caoac::v in ouestion. Although the Cit, does ne: curpent'y ow~ or operate sew'. ~-eat~ent facilities, the City's Sphere Study concluaes that the :':y could own and operate the Oiay - : - .J 7.b ---~J " ~. : _ I,r ~ SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION Valley treatment plant, or that the City could own capacity rights of the plant while it is owned and operated by Metro. However, there are other wastewater treatment and reclamation needs in the region, including effluent from the Otay Mesa area which will likely use the Otay Valley facility. Based upon recent information from the City of San Diego's Metropolitan Wastewater Department, it is not likely that Metro would own and/or operate the proposed Otay River Valley Wastewater Treatment Plant. San Di ego's resources will be commi tted to three other pl ants already existing or to be built in the system. Another option for ownership/management of an Otay Valley plant would be the formation of a Joint Powers Authority (JPA) between the City of Chula Vista and the County of San Diego. Other poss~ble partners in the JPA could be Otay Water District and the City of San Diego. Each of the participating agencies would have a predetermined share of the capacity in such a treatment plant. The Wilson Engineering Company has recently developed a master sewering plan for the Otay Ranch are~. This plan provides for a trunk sewer extending from the eastern side of Eastlake, south through Salt Creek and west through the Otay River Valley to the Metro Sewerage System. Territories east of the recommended Sphere line (Villages 13, 14 and 15) would have access to the proposed trunk line if they remain in the unincorporated territory. A County Sanitation District would be established to manage the wastewater collection and billing for those a re as . . Northe~lv Sohere Boundarv' The City's proposed Sphere in~luoes a~ area locatee. west of Proctor Valley. referred to as the "invertec ~' 0:; the Ota)' Ranch planning maps. The City and County adopted General Plans allow tnis area to potentially acco~~oaate UP to 95 aetacneo reSloentlal unlts. lts OUlloaOle area 1S locatee on a smal I mesa, separatec troffi ~roctor val ley oy a canyon wn1cn extends northerly towards San Miguel Mountain. Access to the "Inverted L" is most feasibly taken across the adjacent "Watson' property and from the Salt Creek Ranch develooment. which is within the City of Chula Vist~. Because the access is exoected to be taken from Salt Creek Ranch. and due tc the topograpnic elevation differences between this area and Proctor Valley to the East, residences located on the Watson property and the 'Inverted L" are likely to o~ient to the City of Chula Vista, rather than to the Proctor Valley Village 14. The Chief Administrative Officer's recommendation is therefore, to support the City's request to include the "Inverted L" and Watson property within the Clty's Sphere. 027b~c21 " SU5JECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION 3. Southerlv Sohere Boundarv: The City Sphere Study proposes that the potential southerly City boundary include all of the Otay Valle) Parcel (Otay Ranch Villages 1 through 12, including the Eastern Urban Center), in addition to the County's Otay Landfill, the Nelson-Sloan rock quarry, lands within the Otay River Valley, and the industrial lands located south of the Otay River currently within the jurisdiction of the City of San Diego and the unincorporated County. The implications of annexation for each of these geographic areas are described below: (a) Otay Ranch Villages 1 - 12; Otay Valley Parcel. The existing Chula Vista City boundary surrounds the Otay Valley parcel on three sides. Urban level services can be provided by the City of Chula Vista, and the area north of the Dtay River Valley is a logical extension of existing City boundarie,. R?venues and service costs for Otay Ranch are currently being update: to reflect revenue shifts made by the State. Preliminary figures from the F ,seal imoact of New Development (FIND) model developed by Ralph Ander:.n Associates, prepared when the General Plan was processed, showec that the County would net about $7.2 million annually in the theoretical build-out year if the Otay Valley parcel was annexed to the City and the remainder developed in the County. An additio~al 51.3 million would accrue to the County Road Fund. Even though these draft figures are subject to review and revision, and that net revenue will be dependent upon property tax agreements betwee~ the City and County prior to annexation, they aemonstrate a positive 7iscal impact to tne County. The FIND model is currently beine upcatec to reflect current revenue and cost ailoeatior. factors uneer various annexation scenarios. The results cf tr.;s analys4~ w~;~ ~~ avc~iabl; prio~ to the Sphere decision b: LAFCc ~ J ' ::.r.i st i ns Coun~y Landr; i i . I ne l.1tj' s proposec Spnere rE:comrnenas inclusion of the County's Ctay (Annex) Landfill. This landfill handles approximately 370,000 tons of solid waste per year, serving major portions of the unincorporated area as well as portions of the City or San Dieco, tne cities of Coronado, Lemon Grove, Imperial Beach, and other Souu, Bay commun i ties. The capacity of the Otay landfill is estimated at II.S million tons, which is expected to last another 30 + vears wit~ the same jurisdictions as users. If jurisdictions -urrently using the landfill opt out of the Regional Solid Waste A~~noritv and choose to haul their waste to more distant locations, the life of the Otay landfill will be extended further. Tr.\2 caDaci~\ of the lalld:ill is continaent upon Cl"s:.rt.!ct~on of a ne~ 1 ,~er scheduled for comoletion by July 1995. If :or anj reason :ne liner cannot be ir.stallee, the San Diego Solie waste Authority estimates that the landfill will be filied to capaCity in 1995. o _ - :2 7~-:L~ , . SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION The City of Chula Vista is one of the ten cities who chose not to join the Regional Solid Waste joint powers agreement. Chula Vista is considering plans to construct a solid waste transfer station to transfer waste from local haulers to long distance haulers. If this transfer facility is constructed, Chula Vista will be able to charge host fees to other users of the solid waste transfer facility. Similarly, if the Otay landfill is annexed to the City, Chula Vista could also demand host fees for use of the landfill. These host fees create an unnecessary expense to the public by increasing their trash rates. In addition, once annexed, the City could exercise its regulatory powers to prevent or condition expansions of the landfill (similar to the County's experience with the San Marcos landfill). !f the Otay landfill we~e to be restricted in a manne~ which would li~;t its long term capacity. ~ll South bay users would be adversely affected. Potential i~position of landfill hos: fees anc regulatory requirements might be resolved if Chula Vista would agree with the County and/or the Solid Waste Authority, not to impose such host fees, and not to impose restrictions or require City permits which would in any way affect the use, expansion, or cost of operating the Otay (Annex) Landfill. State law currently provides for the use of development agreements which might be used to protect the region's interest in the potential expansion and use of the Otay landfill, or an alternative legal agreement found acceptable to County Counsel could be aoorovec in lie" of retainino the landfill as unincorporated area. This ootion fo~-consideration by the City of Chula Vista is incluaec in Recommencation #3B. " Vil1aQe 3 Land US! v~~'aae 3 '$ tn~ 0n1\. m!jo~ area where the ihlll;:; "v;~t;. :~-:-\i r,,"n,...~; =~ri +hp Rn::l.,..ri n:~ ,"r"u"'v';c:n,,",C' rHC'::.nrcu::.,; \&!~!~ ....,.~ ,-~- _._~ ---..- _..- -..- -.-.- - --r-".--'- -.--,:;0---- regard to the planned land uses for Otay ~anch. The adopted City plan proposes industrial use of Village 3, whereas the County Subregional Plan proposes a mixed use village similar to the other villages located on the Dtay Valley parcel. The Board of Superviso~s did not believe industrial use of Village 3 to be the most appropriate use of the area for many reasons, ail of which were extensively discussed during the Dtay Ranch Plan hearings. Notwithstanding the Board's decision, the City Council designated the area for industrial use, but included the mixed use vi 11 age concept as a "secondary use ". contingent upon the in' ustri a 1 areas south of the Otay River Valle. being detached from the City of San Dieoo and annexed to Chula Vista. or that a G?A be approved tc increase the industrial acreage elsewhere on the C:ay Valley parcel - 9 c27~ --c2? , ' (-I ?, , - SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION to compensate for the "lost" industrial acreage in Village 3 (Subregional Plan, page 68). 1n the Otay Ranch GPA deliberations, the County's action reflected the concern that there currently exists abundant industrially planned lands in the near vicinity (over 6000 acres on Otay Mesa alone) and that additional industrial acreage on the Otay Valley parcel was not needed. As a result, there now exists a conflicting land use scenario for the use of Village 3, dependent upon whether or not the area is annexed to the City. If Village 3 is left unincorporated, its build-out would occur in accordance with Countv and property owner recommendations as a mixed use villaae. . Alternatively, the City could reconsider its General Plan to classify the area as a mixed use village, or the City could succeed in tne detachment of a portion of the industrial lands located in San Diego, a~;Q.ing annexation of these properties to Chula Vista. A pc~.ent i a 1 Ci ty or landowner hit i ated Genera I PI an Amendment to rectify the land use plan dic:repancy between City and County is included in Recommendation #35. Although the City and County cannot predetermine the outcome of a City GPA prior to conducting a public hearing and considering the matter, such a revision may be supportable. When the City originally considered the potential land use for Village 3 during the Otay Ranch hearings, the Council split 3-2 on the issue. Since that time, the Council composition has changed. The landowner supports the mixed use village conce~: rather than additional industrial acreage: ane w,th O:ay Mesa. there is more than enough industrial land base ir the near vicinity to meet anticipated demand for ~ ndust ~i a 1 use ie, Nelson-Sloan ROCK Ouarry. The existing quarry operation is locateo on tne ""st Sloe o. WOI.e ~anyon. oetween Vl I lage 3 ana tne Utay r:~ve!'" \'r.., ley ~see At:.a:nment ~). lne qua!"':"',>, was not a part of tne Otay Ranch GPA. It is planned to continue until the rock resources expire. at which time alternative residential use would be contemplated. Existing County zoning would provide for a yield of :7 dwelling units. su:je:t to any constraints contained in the quarry's ;.ecl arr.cti or, Plan (County RF 79-009). If the area were to oe annexec, "leac agency" responsibil ity to oversee enforcement of tne Reclamation p'an wo"ld puss to tne City. This ouarrv area 1S not oelieved to oe critical to tne other described Sphere boundary issues. and could be annexed or could remain unincorporated at the d'scre:ion of LAFCo. If t~e City Sphere boundary is to include this area. the alterna:ive Re:o~:nendation #3B woule appiy. Annexa:ion of this area would facilitate the planning, funding and construction of Rock Moun:ain Road. ::>Y Dlacing :he road entirely within the Cit} of ::hul<: Vis:... - 1 C - :J.7-b--:2? " .~: -,Ll , , I SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION (e) Otay Valley Regional Park (OVRP). On January 30, 1990, the County, City of Chula Vista and City of San Diego entered into a Joint Exercise of Powers Agreement (JEPA) for the planning of a new regional park within the Otay River valley. The JEPA study area includes the entire river valley, extending from the San Diego bayfront to the northern and eastern extremities of the Otay Lakes, and includes Wolfe Canyon, Poggi Canyon, and major portions of the Salt Creek watershed area. The JEPA is an agreement for coordination of acquisition, planning and design of the Regional Park. Operation and maintenance of acquired park land are not covered by the agreement. The JEPA does not establish an authority to acquire. maintain or develop parklands. When properties are acquired, title is to be held by the acquiring public agency. The County Parks Department has the administrative lead under the agreement for scheduling meetings, preparing agendas, recording minutes and maintaining records for the JEPA. Given the limited authority of the JEPA, and the limited role of the County Parks Department within the JEPA, it is not certain that the County will have substantive influence over the development of the area if it is annexed. If the majority of the area within the OVRP focused planning area falls within the Cities of Chula Vista and San Diego, the County may want to re-think its participation in the JEPA which could be done ~hrough a seoarate agreement with the participating jurisdictions If the area remains unincorporated, tne existing park planning orocess would continue as currently envisioned. runding for County Parks Department OVRP JEPA activities is from tne General rune. cuture a::lvitles unaer tne aaopted worK program 1 nc", uce prep..ra t 1 on or a loncept Phn (oy st_ tf) and Program U~: (consultant). It is anticipated that each jurisdiction will contribute eaually for costs of preparation of the EIR. This may be an area of neaotiation if the area is to be annexed (Recommendation 3B). - (f) Industrial Lands South of the Otay River. The City Sphere proposes Chula Vista annexation of O~ay Ranch planning area IS-A, which includes approximately 216 acres of industrially planned lands on Otay Mes... south 0: the Otay River. The majority of these lands are currently within the jurisdiction of the City of San Diego; however, a small, 30 acre area proposec for incustrial use is iocated east of the proposed ali;nment of SR 125 within the unincorporated County. c:27J? -:2r " - - . ,_ I- I ._ SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION Annexation of the Otay Mesa :ands located within the City of San Diego will require detachment approval from the San Diego City Council, Although there is some precedence for realignment of the two cities' boundaries further to the west, it is highly Questionable that San Diego would give up developable industrial acreage in this location, with close proximity to Brown Field and other sites being developed as part of the Otay Mesa industrial complex. I: should be noted that a large portion of these lands located south of the River are encumbered with sensit;ve habitat, i~cluding vernal pools. There a~e many policies in the Otay Ranch Subre~ional Plan which promote the preservation of these lands as part of the Otay Kanch oper space preserv~ system. From a preserve management standpoint. it wouid be oesirable that these vernal pool areas be IOCi:e~ ~ithi' the same a~en:y having jurisdiction over the adjacent Otay Valley open space preserve. The readily developable industrial portirn could remain in the City of San Diego where facilities are no~ or will shortly be mace availatle to provide necessary muni"ipal services. 35. Substitute to Recommendat~on =3A fcontin:ent upon Cit\ Aareementsl: The major issues described in the foregoing discussion could be resolved dependent upon cer:ain actions and acceptances by the City of Chula Vista For ins:ance, the potential impacts on users of the Otay ~andfill COUIG be eliminated if the Ci:y were to accept a ~ev=ioomen: acreemen: o~ c:her ie:a' ins:rumen: :na: wo~lG oreciude :he im~c5~~ioF of :~t~ hc~: fees,-as w~-1 2S the im~csition' of Ci:y ianc USE regula:ions whicr may act to preciude the :oun:y O~ Solie ~'''s~= L::-nn,..~"'\ f,..nrr 1I.~i~~i"r' +h~ ';llii ....-1"'a....;+\. c-F' +n' w 'and:;l', c:. ..._ ....... ~'..:" .....11;, .._.. '-"'::r _.._ .1,.;" _Co.... _... ., _ .. I ., :~:e. Tn~ Ota) ~ancn Genera: Plan Village; inconsistency might De ~escivec .- ~ne ~~:\ werE ~o agreE ~c ~ general pian reconsiaeration -or :n1: \~ I :a;e. :ne l:sue or iunc~n; LOUr.~y aa~lr.is~rative costs for work on tne Otay Valley Regional Park may become moot if the member aaencies aaree tha: the County should be reimbursed for those cos:s. snouic :ne-area De annexed to. the City. And finally, the jurjsdic:~ona~ issue over :ne resor: area would oe resolved if the :i:y were :c agree :0 a Sanere bounaary realignment using the Otay ~aKes as :ne naturai Dounaary between City and unincorporated Coun~'y The Chier Ac~inis:~2:ive Qff~cer's recom~end2tion :0 limit the S::>here boundary. per Recomme ~ation #3A would be rep. aced by full r^U~~\' su~po~' 0': +ne r -II ~ec"es+". (' "h~ r....\ 2.""'rep"'s The ......., II...... t'" ,... ,..., ......J - ... 1,.., , ,j.,'" 'I;::; ..., -_ ...... .. ... terms and ccndi:ions de$:~jp2: in Recommenca:ion #3S. :) the City a::eDts, or ~~~~o reauire~ annexa:ior. p;.2s:ng as pe~ Kecom~endation *4 (~ven thou;h tne Sphere wcu~t incluoE the entire !~~;\; 2nd (3), j- the City anc County :an reach pre1irninary consens~! or. the tax h )7/;---,); . . ,-, , i - ; lC SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION distribution agreement prior to the Sphere decision by LAFCo (Recommendation #5). 4. Annexation Phasina: Otay Ranch is expected to be built over a 30-40 year time span. Board Policy 1-109 adopted a project phasing plan, prepared by the Baldwin Company, which phases village development in accordance with the anticipated rate of market absorption and the ability of the local jurisdictions to provide services at the time of need. The village phasing plan also serves as the guide for the preparation and evaluation of the annual review and monitoring report required DY the Subre9ional Plan Growth Management policies. This adopted phasing schedule envisions the Otay Valley parcel to be cuil~ in four phases. The first phase incluae~ Villages 1 and 5, adjacent to Telegraph Road. Planning for these villages is now underway, with Sectional Area Plans (SPAs) filed with the City of Chula Vista in expectation of annexation. The second phase includes Villages 2, 3 and 6, which are located west of Wolfe Canyon and north of Birch Road. The third phase will include villages 4, 7 and 11, which will complete all development west of SR 125, with the exception of Village 8. The final phase four will include Village 8, as well as the two potential university site Villages 9 and 10, and the Eastern Urban Center (Planning Area 12). At tne time of the Generai Plan preparation, it was anticipated tnat annexation wouic be phased in accordance with the aevelopmen~ phasing plan, there~y allowing annexation tax agreements and the fiscal analysis ~o be adjusted and keep current as development pro:eeds over thE 30-40 year time soao. Notw':hs~andinc the adopted development pnasing pian. the City's Sphere Study recommends that the entire Otay Valley Parcei be annexed all at once, prior to City approval of the first SPA. The Sphere Study makes the assumption that infrastructure bonds and other means of public finance would be facilitated if a larger base were providea by annexing the Otay Valley parcel in its entirety, yet tne draft study provides no data or analysis in support of that conclusion. At question is whether the City would have sufficient bonding capacity to provide services for such an expansive area. Given the size of each villaae. and the fact that they will be built and marketed independently in a-:ordance with the project's c'asing schedule, projec: financing may not at ~-1 be dependent upon i sing € annexation, Rather, the sale of ~~ncs woulc likely reflect the an~icipated market a~sorption and the faCility construction phas'ng as envisioned in the project phasing plan. - 13 . 027):;--3& . . ,-, 1'--; ! ~ I SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION Even if phased, the annexations will place tremendous demands on the City to provide services commensurate with need. Phase one, for instance, consisting of Villages 1 and 5, will add the need to provide services for an additional 17,776 people. The entire Otay Valley parcel will contain a build-out population exceeding 62,000 people, in addltion :0 the demands placed on the City for servicing the four million square foot Eastern Urban Center. Since LAFCo will assess the need for services and the City's ability to provide them at the time of need. the careful phasing of the annexation~ should be of major importance. The Chief Administrative Officer s Recommendation #4 recuests t~at the Board recommend to LAFCo that the annexation of the O:ay Valley Parcel be phased in accordance with market demand. consistent with the development p~asing plan acopted as part of coara Poi icy 1-109. This rec~mmenda:i0n wouic also be more in keeping with local LA,Co guidelines wh eh limits Sphere boundaries to urban development areas expected to build out within the next 10 to 15 years. 5. P~eliminarv Tax Ac-aement: A potential Sphere decision and annexation of this magnitude will haVe major fiscal implications for the County and for the annexing city. The resulting service costs and potential revenues from the development are beino determined throuoh the use of the Fiscal Imoact' of New Develooment (FIND) model: which is currently under s:ud.Y . Tne FIND mac:. ~aKeE into accoun: se~vice ccs:s anc an:icipated revenue wnicn wi;; a::~ue basec or: various jurisdic:ional alternatives The =IND analvslS wi,' then oe usee as information for aetermining :ne :ax distribution agreemen:. Approval of the tax igreemen~ wi~~ DE negotiate~ oetween tne City anc :ne ~ounty. ana me)' uiiimatei,y affec"; :ne Ci:y ant c.oun:,y 00$1:10n$ or: tne fina-! Sphere bounaaries. ~ven tnougn State iaw does not manaate tnat a final tax agreement be signee un:;l tne time of annexatior.. a oreiiminary anaiysis and c~aft agreemer.t couid be determined prior :0 LAFCo action on the Sphere. Results from the prel iminary tax agreement could then be used to suppor: or amend th~ County's position on the Sphere. Tne Chief Adminis:rat've Officer's Recommendatior. #5 would reqUire that a oreliminarv taa aereement be neeotiated prio- to L;FCo's decis~on on :~ie S~~e~E. ~ather thar wa~tir: fc :nf :1r~: annexation. The i~for",ation require: fc~ ~he tax a;reement will soon be av,~~able anc a prelimin2~: agre~rnent coul~ be negotiatec prior tc the .AFCo Sphere Qecisio~. without signi~i:antly im~actin9 the prcj:::'~ $:he~ulE. " 1'" 02 7~ -- .3 J . . .-/ .r, - j ~ SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION ALTERNATIVES: There are five alternative actions identified for consideration by the Board: (1) postpone the decision until the tax implications are better known; (2) support the City's requested sphere area; (3) support a coterminous sphere with the existing City boundary; (4) support an alternative boundary than that recommended (and/or including the deletion of Recommendation #3B); or (5) take no action. Each of these alternatives is discussed below: 1. Postpone Decision: This alternative would postpone a decision on the County's position until the tax distribution agreement results are better known, providing both the County and City with the advantage and comfort of knowing the f;scal impact of annexation prior to committing support for the Sphere. Unfortunately, State law does not require the final tax agreement until the time of annexation, well after the sphere has been decided by LAFCo. The City could go forward ~ith a LAFCo decision on the sphere without either support or input from the County Board of Supervisors. Postponing a decision on the Sphere boundaries may be paramount to "no action", unless the City agrees to oelay the Sphere decision until the tax agreement has been decided. The CAO's recommendation is to go forward with a County declslon on the Sphere boundaries, but incorporating into that decision a reouest that a preliminary tax agreement De reached prior to action on the Sphere by .AFCo. ~ Support Chula Vista Spnere Recommendations: This alternative would demonstrate County sucpor: of the Sphere bounaaries recommended by the City, including all of the Otay Valley Parcel, tne Otay Landfill, the Resort Area. tne Otav Rive. Valle'. and the industrial lands located soutr. o~ tne Utay River Va; ,ey on'the Otay Mesa. This action would be inconsistent with the prior action of the Board of Supervisors taken February 9 199! (#4). witr regard to the resort village. Support a coterminous Sphere with existing City boundary: This option would ieavE: the Otay Valley Parcel in the unincorporated County. Preliminary estimates of service costs and revenues resulting from build- out under the County's jurisdiction does not favor this option, in comparison to revenues to be obtained following tax negotiations, which are required prior tc annexation ~ cotermincus Sphere would also leave open the possib4l'ty of a future incorporation. which may not be practical based on recent State law whicn provides that new incorporations cannot adversely affect County net revenues. , - - .:.~ - 027b~ J;2 . ' ,~ ~ /_ I_~ , , SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION Finally, this option would cause the existing City Sphere boundary to remain intact around the Otay Lakes, rather than provide the opportunity to amend the boundary so that it does not split the development area of Otay Ranch Village 15 south of the Otay Lakes. 4. Alternative boundaries: This alternative would envision a boundary different than that either proposed by the City or recommended by the Chief Administrative Officer. For instance, the Sphere boundary might be limited to the firs: development phase of the Otay Valley Parcel, consisting of Villages' 1 and 5; or it could include additional area but less than that proposed oy the City (a boundary more inclusive than that proposed by the City would not be part of the Sphere study nor covered by its Environmental documentation). This alternative could also include the elimjnatio~ of Recommendation #' 3 E . & ' B " . . d + h L ' .. 11 V . . , . 0" o , 1. ::;e care :nooses ~c. e>,- ill E: ~ e anaT1 , 1 .age,), .ay Va 11 ey, eic. from the Sphere boundary wi thout provi d i I1g the : ity wi th the opportunity to meet the speciflc conditions designed to protect County's interests. as listed in this s~b:titute recommendation. The implication of this approach is that there may be no practical way of involving the County in the resol.:ion of the regional issues if Recommendation #3B is eliminated. By not specifically listing the 38 conditions, the potential compromise for resolution is left at the discretion of the City and LAFCo... there will be no County position as to what compromises might be acceptable which would result in County support of the southerly Sphere boundary. In lieu of removing Recommendation #33 altoaetner. the Board could review the recommenaatior carefullv and aae or remove conditions as necessar\ to enable Bvarc support 'Of tne soutnerl y Spnere Doundary. - The Boare could also aae or remove potential Sphere areas subject to R~cornmenGation ;:.:,c. su:~ as ieavlnc :ne U:2\ Lanat~ i i as an urlirl~orporaied is-2n~! rather tna~.SUPDor:l~; 1:$ lnClUSlon In tne Spnere subject to the use and host fee agreements. The Board's recommendation on this matter will be transm'tted tc LAFCc. but there will be no 'guarantee' that LAFCc's aecision will be approved pursuant to the Board's recommendation TaKe no action: The Board is no: recuirec to take a position on the Spnere issues. Takin9 no positio~ will eliminate County input to the Citv and LAFCo durine their deliberations and decisions. with the exception of the action taken by tne Board on February ~. :994 (.~) recom;nendi ng that the ea:7.erly Scnere boundary s"oul d gc roc furthe- than the San Bernardino Meri:lar This optior. however would be inconsistent with Soard Polic: !-:: "Annexations and Inccrporationsr whic~ states that the County wi~. review significant recr~aniza:io~ proocsa1s tna: are s~b~~ttet ~c LAFCe - I' ~ c2?h--3} 1- -:-,-. I r----._ SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION and provide comments at the LAFCo hearings on the consistency of proposals to Policy I-55 and related County plans and policies. Board Policy I-55 generally encourages annexations, but only if the annexation represents an orderly extension of existing city boundaries; there is no natural geographic separation between the existing city and the area to be annexed; the size of the annexation is in scale with the existing city (i.e., the existing city is sufficiently larger than the annexation area); the community identity of the annexing area is compatible with the city; the annexation will not be a detriment to a future incorporation: and finally, that the annexation will not cause a significant adverse fiscal impact upon the County. Although the Board Pol icy primari"ly addresses annexation issoes, the; are discussed here because the Sphere decisions will set the framework for those potentlal annexations. Each issue in Policy I-55 is addressed in the foregoing discussion. For instance, the recommendation to limit the Sphere north of the Otay River Valley and west of the Otay Lakes is consistent with the policy to encourage annexations "if there is no natural geographic separation between the existing city and the area to be annexed". OTHER ISSUES: The Chula Vista Sphere Study addresses some lands located outside the boundaries of Otay Ranch. These lands are shown on Attachment 4 and includes a 48 acre area iocated in National City adjacent to Highway (SR) 54: a 369 acre parcel iocated withir the :it) of San Diego west of Otay Ranch and withir tne Otay River Valley: a 358 acre site which is primarily tidelands (salt flats) of the San Diego Bay: and a steep, largely unbuildable. 130 acre parce located alone the exis:inc no~tnerl) 50nere bouncar\'. south of the Sweetwater Reservoir. - - - All of tnese parcels are proposec to remain "special study areas" as designated by LAFCo ir, 1985. witn tne exception of the "Sweetwater Parcel", which is proposed to be inclUded in the Chula Vista Sphere as a correction to a previous mapping error from tne previOUS Sphere determination. The County staff has not identified anI concern reoardino the City's recommendations for tnese .. speci ai stuoy areas ,- - - - In addition, there are several parcels'prcposed to be iocated within the Sphere, and which are located within the confines of Otay Ranch but are not owned by the Baldwin Company. These properties are shown on Attachments 5 anD E. With the exception of the County landfill previously discussed. the in:lusic. of theSE prc~er:i2$ withln the City Sphere does not rai:a significant County issues. -' c27!7 ~.:if ~ - ,- /~ I SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION Finally, County staff has reviewed the City's draft Sphere Study for accuracy as it pertains to identified County interests, and has provided the City with written comments on several occasions. Policy issues with regard to the Sphere boundary issues are described in this report. The staff's most recent response regarding the provision of Regional facilities and services, dated July 19, 1994, is also appended for review and information (Attachment 7). Respectfully submitted, DAVID E. JANSSEN CHIEF ADMINISTRATIVE OFFICER By ~kRI SHEEHAN DEPUTY CHIEF Aw~IN:STRATIVE OFFICER - 18 - ),7/?/;I/ . . ,-- - , , ... BOARD OF SUPERVISORS AGENDA ITEM INFORMATION SHEET SUBJECT: CITY OF CHULA VISTA SPHERE OF INFLUENCE STUDY/OTAY RANCH ANNEXATION SUPV. DIST.: 1 & 2 COUNTY COUNSE~ APPROVAL: Form and Legality () Yes (X) N/A ( ) Standard Form () Ordinance ( ) Resolution AUDITOR APPROVAL: (X) N/A () Yes 4 VOTES: () Yes (X) No FINANC!AL MANAGEMENT REVIEW: () Yes (X) No CONTRACT REVrE~ PANEL: ) Approved ;X) t\/A CONTRACT NUMBER(S): N/A PREVIOUS RELEVANT BOARD ACTION: Previous Board Action: 7/30/85 ,49), Recommended to LAFCo that the Otay Valley Parcel be designated as a "Special Study Area"; 10/28/93 (1), Adopted Otay Ranch GPA 92-04 and related documents, including Board Polic) 1-109 establishing Otay Ranch Board Subcommittee and adopting the Village Phasing Plan; 2/9/94 (4), Appointed Supervisors Bilbray and Jacob to the Otay Ranch SUDcommittee, and took tentative action to oppose any annexation east of the lower Otay Lake, no further than the San Bernardino Merid1an. SOnRQ POLICIES I.PPl.ICABLE. _-:: "Annexations and Inco-porations'. :-:09 "Subcommi:tee anc P;ans ::: Guice Deveioomen: of :he O:ay Kaner P""'cjec:" ~~Tl2.EN COM,.,ITTE.:. ~~hTEM::l\i: rwne CONCURRENCES: Deoa-tmec: of cublic Works Je~G;:men: of FarKs ant ~ecrEQtio~ ORIGINATING DEPARTHEhl: Department of Planning ane Lane Use CONTACT PERSON: ~illia~ healy (550) 694-296E 0650 R?3ERT R. CODDE~. 0 P.ECT~R (ACTING) DE?ARTMENT AUTnOR:: J REPRESENTATIVE NOVEMBER 30. :9gL MEETING DAE BOARD1l \OTA YRNCh. ~ iT;. t f ;rlb~J?- f ~ ~ 'Ii ! eo t i- { =1 v.. :c rr ...:I _. i; iE file w.i t.TTACHMENT 1 -25 ..~ '~D ~~ i I I I ~rcc:Cl:\'C:C:llHt\'lt:;. ~\f? -.-.. . ~ -.--- :;:::ting Chula Vista Sohere and SpheiG St~::f Area Boundory CITY 0, CHULA VISTA .27/? -3 S . ~T ~. '[T d Dn"'r~ "'1 ...... "1"""'~'" Ip at", . ......,1....... U .J,.1... J.~_.i...L__ \0.00 urat:: s.eDterl';oe~ 1E 19;.: r..... if. . - !~ 7 .= ""' '! ~, .. c .... c :1. Q) !j ! J. g' r"l":l.... /.'.': ~~~"""" ',- '......... S; ....,f''' A-I f~{~>, '\: ~ L.. · f'''''' 7: I i e- t.~'~'.l..!:: :~' 'X~\ I ~ ~~ t-" e . _ ~ ., : f 5 f'go ~ :: I; L. -J"~ ~ E ~ ~: ~~F ,,' :: o~ 1- I < . t"; C 1;! t '.!!:" : t, E' ,_~" ~ r: ~ e~ ~. ~ : ~r _ . C; !!.!.'''C' .. ...... '\ =:: " :.. ~ 0.= ..' .. ~ < " ~~ \ .J >. .' .' \ c:: ;: t,_.l.\~- "H"f'?; -." . .....: .~\=:'....,.,..3 " ~... ~.' == ....\....... ' ! ,,.--'---v,... .- .._ ..~ \ '. ;'!I to.:ro-t ~ ........_-:;-."'"'"""., \,' ~ '" I -: -. . ~ '. 1- ,r-L..__-4, ..' ....~ '{""-""...--.... ,. '", . ~ ....-.,:...: .. ~""~":_"':" . ~X:I=.1 "'r..; -......_ ," r.'". :: j-',.: '--" . ,... .""0 >'" C' . .-",...... -:.- .. <',!;'t 'iI &;..: \ --' ,~. Et '. \ ['-:71, \_\ =~:J~ ;~" .... __~: \ H -c'" ~ .. . '\.' ." ~"." ;! ..,;;; i='~"" \;';;?;:'>~~"'_':~""""""'II! ~~.' .. /-... . \ . ,...... -..~ r ,,'j.: ,~ Li \.. "'>' tf '\ .....~ rr " "..r I I '" .,'...., , I ~! ...., ~''';..- . -j " . .., 9 :0 _::: '\ ~'_..... '. :.>.~~ ~~.a ~-~ ",-'" - \ I r ~f .. '\.. tt.~ _ Lz> v:;:' II !... r' ..~.".- _I r ~~ ..L ~.~ - I .J )\ .. r.d' ~ ~... ,..,.,.,J ~~ j"::"J\. \: ~ ;r- :., \ ! \ ~ \ .5:: >- _____ o~ ....- '-.--~ en < " f} c::~ - . .~ ::: } d7b-JY c ~ ~..:= < ::.. >-::;; 'C '" ::1 ~ en u (1)2 (J '_ C.= (I).... ::l :: ;:: ~ ~ ~ (l)C/: - !!! C. V> '~"I_'" ~\ :;:~~ "'IIIII"~ ATTACHMENT 2 ~: - / l-,,-- ~ > ~ ~ .s :: ~.._._-._-._---..- -~~~~ r-nj \ ':'-~":J~ , i I ~T~ ~ I ..:~:~; : ',;;6.." I ';:J' , 1:.' '~, , 'c' "1"" ' - \ 1- _/ . . ~ ~. ':;~,r --.~---.: - , - ~ , -=- 1 ~ ':.. ~ -.-::: :; J-_ e:: - r-. 'U III '" ~; = '" "C '" c: .~ 0 ..... c.. ~ Vl - ...... '" c.. ~ C ;< ~ ,;; ~ U c: 0 ~ >- r;; 16 I I I ~i 'I" ZI :- __ II, < ~ II' "Ii ,,1 ~I ,..J l_ ~ , > ~ o . . '" ~..~ r-il -.' , .. /1 =, -c..:-},' , ... ! C' i' - .:. =.:~. HH; -....':" !h._ NtH .... " ~ -<03; ~- -;:-- . 't- -!~_C;:. ' ....? ,t .-'- ..~ ~........~/ ----- . . =:; :"E r. ;: >. .~ { ~ <. >. ':;t,<, :: > c~7/?/5j ~7:~:~t.'=..r,- ow . . kiT ACHMEtlT 4 ,.... ~/ I , ~--..::; .~ I U~ I ~~ ~~ :JIo. ... Qj :s ~ 5.. 1..1-.-'""-' _.,e: ...i I .~;: u, .; OJ ;~\..J ~! , ~ 6 r- .. '-~.~ (~"J....rl""~ \ U) a.. I ,..Jl" ,-rV','\.. ,,~ ( l\--' L L~ ~ 'Y '~.,) - cJ ;~ ,',~:7'-- ..././ ", ,,:~f'l_j I ~'7' . ./ n' x: . --- "" //'\ I '--. ., , \. ~:', 'f" ~ j ........... ~,'~ :.:.~,._ \oC'" \ E '\ ,i'," ,._\: ;>:" "".!~ \ .!f: ....\..~/;. ".:,..-"" . \.~ '''' ~~ \,' ,I. ~/' ~~. ----.} \ ;t.~ , ~~.~.... ,/~'- '" '> , E'" - ';" . ...;"'''''' .... / /', ~:: , ~ _.."'~. ':~/ Qj r ;' \ / :;. '.-~ ~"-' --- ." > , '-J"~ ~ .- ~~~- t" .- ,.,. '-,,' . ~ c::..... . -.._ .. ~. Co \ i --""""'\.-' " " .,..-... r'--::' ~ _-: """"--Q) ._ ..... '1'. . _ .. \ ___ /_. "".. " \~; .5 -;. ! .-.... .E 0 i " "'~~ 0 ; j- ~_ 0:> . ~ " \., '~' '. ,_' ,--' ., ~.,,;:.~_____./ I H ~ ~~ "\ \- - '-- <:/.......--/'~- ~ ~ E \ .~>;;- ..... ......-;::;..-....-- ...; ~ t; \ "\... 'v. ~.:-..~ir~.l-.. ~\ i ,< - \....... ". ,~-o ~-r .. '\., -',. ~l; \ /..~/~..::- l I ~ - ,,-?r~~~;::'.\:-.::-~~ -.77 ~;.._.~j.~:~-- - - ~ .~~{~-- ----J-.[- r .." "0:""- ..,,~~~ _.-.... r _.~:..''''1 -- ~~_..-- p ~:,;,,__.... - I I .-:." ,1 ..___ '''''.. . ._ I .-- )"\\ - _/'/ /'--;-;,.-"'.:~~~- - r.J I - -- - ~ -~ ~ -- . -",.----:: ::...>.3:.......-:. ......::....-- e-- ~. \, ~:-.5 <';:';':r~~.~ " -- ~- g> ,.e...- ~--:~ ~.'._ ,___ o ~. ..., "" = 0 ~ ~_\-: .." - ~'~.';j c: >- ...~. . ,;.:, 0 0 0 ~ \. g, oN U) U) !Xl en \ _ ~~ ___ "-.J c en ..~I .-, Z L...../ i Slj ! ' ! . , - -;,.. ;: -=:--..--- - ~ -~ -- ~ ;...., ~ V' - .~ - -. - , j I I .. , - q' ~ \.I, ::... - ~ :...- -~ -.--.- -::.-~ Special Study Areas ~ 99-1- Sphere of Influence 'C;-,:late Study d.7b~i/t/ C:--' ....; (HULA \'ISTA. Oraf.: JJ.">: ~: i gg~ /, ~ V' ATTACHMENT 5 Gerhardt Properly: ,'.' 1 i ,89 Acrs; 'C ~ lowtY1edlum and O;:len5.")~a::e ~ .;...c ous/ac .52 OlJS ..~/. /' ,~ ~ / ///, ", . /,,/ . /, Oiay Landfill: 25C1.59 Acres V)" Ooen S::>ace \ Waier Tank: 61 Acres low Medium - 3-6 ous/ac 27aus De Graff Parcel: 7.82 Acres Open Space 1 du Ross Parcel: 9 9 Acres low Medium -:s.~ dus/o:: Ltous \ \ , . \ " c.. ) Rock Quarry: 136,47 Acres ~::>en S:>oce South West Corner: S.54 Acres Ooen Soo::e Wcner Reservoi~' 1 C ,5~ ""=~e: _Ow r>lle=l''':~ - :~ C;..I:;',' c: co: ..... ,# Key Map - ~on' .. -m -- " - -- I ~-=-' '--; I -p ! 0.;.;... ,:. I - -' ! "Ol~."'''_'''''''''''~.__' )oUurct:; ':U\ 0: ::n.."" ~,,;~ "'oll!';;:' ~. ~-n.... ";:,, ~l."'= ~!~t"o :.nfl~ ;..elt'. I~ i...~ I.;' ~v~,-;~ ....",;; \01)1;:; ~\f?- :--.,- PlanninG Area 1 hdd::iona! Parcels - 1994 Sph~ -e of bfluen.::e l.Jpdate StllCV c27}-'I! --- CITY or CHULA VISTA Ora!: June ~ 0 19B!. Key Map ~ or . ..,.-.- <:. -~~-- s.our" :1:"0' ':nU'~ ~'~:. I- " r- - 9 , I--~ Planning Area 3 (Inverted "L") ATTACHMENT 6 ,,,,,,,,~,::>O""'-J f'~Of': ~....'7'" L Nom -,0:5 _U .. Iii' " I -- - _...u__.__. ~~'.......,.- r- '-_ ,.... ._liIp~ Plannino Area Boundary Legend RESroE!'<o7~..... ...!:... ..................."'....~""""'- -=-- ~.........,,~ ..M ..._.-=~~~ 'LI'V ......_~~..................'i<a>_ ... _._r_..~...._.. ~ ___ 'M__'" COMMD.~... .!:.... ~.......' ,-"""",""" t....D!..'$":'i..:...... "'Olt': , ;...t".,., 1. ~~ _(,.;'" ..1."1:;: l.'H:~ 'U~OU-l&I' - ~...--...:.-....... I",' 1'wlr;.ll.afo_" ~ CioI! CAne c.-....-..- SPEaA:....:...\NAAU.:. :,:""""-,,'''!~'~ _.~~- :.:::: ._--......~ ~~- ..!!!!.! ........'- iWC~ ..... URIIll C- -;- ...... :~ c..-.. i"a:, u ~=~=:.."'=':--;{YI; V_"..:III..u.....vlUul; :)C<,... kMIClIL..:l.l..lMao__law.t-....:_ o.-,.~';: :115 klllt.~fI<T ~ :"::::~.:: '--~!:: ~:1{'W' ~\r:- -,- .... ~ --- ...... - ~- CITY OF CHULA VISTA Planning Area 3 i1nvertec .~' S,'" ,..", of hflnADr-A Tu'po'atA ..........._.. __ _ ~....J..... ~_ J.."-"_ _ c2 7/? --'Ljo7, ----' Drat:: Jur":~ .~. ~e>- ,. . ,~ ~~.1-' ~:~ :1 .. ~.I ~ (f!lunt~ of ~an ~ ieB!l ;.. -: :":ii~iENj 7 ,- L.UREh N WASSEFlW..."" oureTO_ nUl "'.:J"~ DEPARTMENT OF PLANNING AND LAND USE . I r ~:; (.", c [ )). V HI. ,.[.... c.fl.I.': $UI.[ ,!or ~..... ....."':.c~ '.....1. ORhU. ~:i'OI"'.:i")' I'IS, !o"I.ljl05:' .....11> O"IC[ 5201 RUFFIN ROAO SUITE S, SAN DIECO C.l.L.IFOANII. ':1:3 16it 1/''''OJa''TIClh I"'" "...;jI".t July 19, 1994 F:.ic}- ?.~sale~ O~ay Ranch Proje=~ a~~ice ::5 Fc~~~~ ~venuc, S~i~= :~~:a ;is~a, =al~=c=~~a ""''' r. ~:s:: ......-- .. -::---.. ..-";C'~: '-'" --.. ---.-.....-.... -.....- ~ -.. -- -.-.,- S~:::;:..' -==- -'-....- :.':C}:: :::::..:..:..:' v.__.. ~"ot:. ~c:.==... :'ues:::ay a===ecia~e~ ~be opp==~~~.:..~~' ::ve= e Sphe::-'2 S-:.::.::-.- ;- =.ase::. or: .......- --- """'!t::e-"-- ....---........:: , "':~e== .v.~e.=e. C:'o"''''c-:.i --, --'-- ques'"::.c::s a:1::' :"55:15.5 =e.~a-=:':1~ -:.b-: ~==":::s:::::. ::::.:.::-:y se.::-\-::::es '":h2..'": ;';2.S ::.-e.":::'=~" ~e.~ ....c.._:~ ..-. I, ...._. '::::'5 _E":'":S.::'- :'5 ,~ ::.-esp=::.se __ '":::'::5= :"ss'..:.e5. i.., ""_.,,__..... \ -, ....--......;: =a.:..::.-:.e:la=.::e Fa=~:~~y E:eme~~ ?==~i~i=~E ~== o?e=a~i=~ -~ =a=~:~~~e5 :~=a:~ S;he=e s~~cy, pa;e Be): :.~c. ------- --~.__..- -.=-~ :'5 ----::..-- -------. ::::e :~:.:::-:y/s ... ~ :;: .... - ------ .:._=:::e.::-: ::'::E:= - - - --- ------- a:.::.:-e.ES ~::e. =pe::.-a'":.:..:::- =.:::: ----------- - - - - ...--.. --..-..-- - - - -- - -- ----------, a:::: 3.=1::-::-.-_=::=== '":.:-~S.SE :::::;,s-;..:; - - - - -- ----....- ~ -. :--_u:.::s::-'... :.:::.______o8s -_:=:::~ =====:::.=~= ==::=-;.:.~~~:.~~a_ __~.~~~~_~~~ ~. :...:_~ :.-e':=:-...:.e5 =.:.:a.:..:a::::"e se:.-",',:" ::=-~:-=.,,':':::'::~ ::::-=....-~=c::: .......-.......--- ::.a.....rE. 5 e"". e:::-e 2. ~- =:::::-:s-:.:::-a.:..::e:: ~._---- - _......._~ - , a=-::: _=-__s --- E'":a'":e~:.de S=~~'":~=::S, -\f;:-.:'=:-~ 2.:::--= -_..:: ~::~ -....-- - - - -....--- ----- - - - -- _... -. - =_='":::e=:::::::-E - . ':'::-.;: _€:7.e:-'":.:...-: - ----- -- -."-- - ------ ~ - -- - ----- :: -2:::-'':' =-=-::::- :,~"..:..:: e::-s --':::'\-c :::::-.5':"==::- --- - ............ - . --- --- -- -..- ~ .-- ::::e::'2:..--:':"::::: --::::---,:::.-:::-.-= ...--.. --..--.....- -- -. ..- -.-- -- ---------- --......- --.,-. - ------...-- --..---....-.. -..- ::'e:;-...:~::-e:: ~':- -- ---------- :=~~=a=~e~ ;a=a=e~~= se~:~=e~ :6;;) : ==2.:-: :~=a=~ S~he=e S~uc:, =a=e .....,.. ------ - - .-- - -- --- II,":::€- :':'::'':'':-:'=:;::-?::=c.~e::. a=-=.2.,2 -...::.,. -..... '" --- --,---- :: _....--::-::..::~€:. -':::-':::""c..":;~- .....-- .......---- se:-' _ :OS::;. " - -----c.....- -.-------. "-"2.:--:S'::~ !.:e::.:..=c.::' - . :::::6::-,,"':'':'::::'2 -_:-::-~:-"-:.- ____ e::-.e::-~=:-.::~ - - -..-.....- --- c.=.--~ -.=.::.: --- ---- "'::lE: ;.;eS''":e::-:- :\-:.=~- - . -;::........- _._.-....~ 'see is - -~~c. ":::=.-: ----- -...- '--- ---. -':;--c _... - -- . . ..:.::.:.::==::-~::::-=.-:e= :;:....::.:::. :;:-.=. ...-- =2:-::e::-e::. --.- =:;~:::-2.=-=e= - - - - -- .- _. --- --- ---... --... -- -- --- -....--. J-7-b -'13 ,~ - Sp~e~e St.udy -2- 1-:' C Regardless, we believe this issue to be moot for Otay Ranch, in that the ~roject's mitigation measures requires the preparation of an Emergency Se=>-ices Xaster Plan to service the Ranch, to be approved concurrent with or before the SPA. This Plan is re~Jired to include provisions for funding emergency service facilities as well as re~~irements to maintain the seven minute response time in 85% of the cases for the urban communities (10 ~i~utes for estate communi~ies). ~hese ~equirements are fixe= whether or not the area is annexed to Ch~la Vista. (3) Police and Fire Emergency Response (Draft Sphere study, pages 1~6-lE5): Th~ p~ep~=a~~c~ and app~oval of si~ila= E~e~;en=y Respo~se Plans a== re;uirec fo= both Police an= F:~e se::-~..:..=€S, as _...._ er.1e=-9'e~=y ;.tec.=-=al a See CO~:1'ty S:r\?, ;c..ge 44~, c:- ---- S:=Da:-2":.~ 1l:;?S':"':::::'-= ::::.-:.:.:;:a-:.i.c:: ~e.ast:::-es" c.d=p~ed by -=:;e ::i~v. ~s _ =es~:- -- ~~e~s =e~~~~s=e~~51 ~~ ~~ ~~~ ~=l~e~e ~~e=e ~.:..:l -- s.:.;r:.:::::?r::: e:-:-~:";:e~=y ::-es:;:=~se se::-vice c..:=:e=e~::es :c:: -:'~e 2'":ay Ra:-::::. ==:-"':.: ::~ C':: ~~e C:. -:.y I 5 5;:=:ere Study, rega==-less of ;=-:e~"':.~~_ e~~E~a~_=~. c-:.c;~. ~~esa pa~e ::~ __ ~~e ~~a:~ S;he~e S-:.ucv s-:.a-:.es ~ha~ f1~~ ~~=~s~~~a~ =:an~~n; Area is annexed -:.= ~he Ci~y 0: -- ~s a~-:.~=~~a-:.e= -:.ha~ -:.~e level 0= se~..ice ~o -:.~~s ::;.......-:--....- ...........- ---.., :::-..::"2. ~,":'5-:'c., __ __ .~:=:.:.2.:. :::,e s::.=s~2.::-=:.a:..:..y ::i;~e:::- 't::.a:1 se:-'o"'i:::e ;~o.....i:::.e= =y 'the .____" .'1 ~~~5 s-:.a-:.e=e::-:. :'5 :~}:e:v base~ C~ p~=x~=~-:.y -== ~~e e:..:.:..s-:..:..~:; ?'=':::; 5-:;,':.:'::::5, --,..': -.... c....... __ " . -:.:le ;==posec. ""'.:-.... ----: _.c ~- ::h"..:.la e-=:-~""-e ------.-- . ":::= 2.===-:.e:. Eas-: ~-:.ay Mesa S~e=~~.:..= -::0-" ~ -::c - -........---- ... - ---- - - - -- ----- ..=v. -- -:::, s"':a"':.~:::: ;:e ==::s"':.=~=-=e~ ~e=- -------...-. -..---------. :-:.a~' ~esa ~=a: a:::' ~:-:'2. ~=a=. =::- -:.~a-= -:.he -... .--.. :::::-::=2.::-: se::-,.:::es ......:.. -:.:: ::'~e C.:.. ,,:y Sa:- :ie::= se:-\': -:.:-_= :::=.5-: !-~e52. ;::-.:::.= -- --. _::e5E :le",' . ....- =a:::.,,;.:~.:..es ~- ()~ay Mesa ",.:.__ ---."" -- . -. --...- --- --- ~ - ----- :=---'::'~C.- :.. -------.....-- S5:-'o-:.ca __ :::le . - '- :'::=::':'5::::-:' a_ ---... _. - . - __c.l,.... " -=-- ;==~_~e p=-:e~~~a_ se:-'o"~::e ~:lE -.... .----- ----.. - -.... -....--. ....-- - -_. ____ ...._=~ -\-.::.:"~e'\ ?=..::-::e_. ~~eSE se:-~~=es S~=~_= ::.:;}:::=...::'e=.~e::. -:.::e :.:..-:~-Is =~a="':. S~~e::-e S~~=:. ?~=:~= ~=a~s~_ ;==~~Si=~5 (~=af~ Sphe=e S~ud:1 pa;e 19~): =::-:.:-: '::=."":e::-~ -'. ....- - - -- - - -'- - -- --- -.....~- :=--:.;::" - -" . ....---, ?::"2..:-.:-.:..::~ ::..::-=.=- - - - -- ----- .--.......--------- -..-..---....------ ----....... ~ -.- -.......-........- -;: , -:.::e ;:::-:;"'o';.s.:..:::- "- --=:-e.........--:::-'-- ---..-........- ---....-. se::-':, =es II::::.:.::'::' ;:,e ~.:..==.:..=:.::-:. S':"~=E -:.~e -," ....--.::.:.-= 5':'::':; 5e:-::::es -:.~e ..~ .... ~......: --.11 .. ----..-...: , ~ ::: .....~. .....-. ......~ -..---- - - --- -... --- , - 5:":';;::::--:' s-:.a -:'5::'(e.::-:.. _.::e -- .................--- -----. -- ;::-::.::..===: 5'_;;,:..:.==a:- -::..xe::. """""-c. -......... -- 5 e:::-:=-::e -:.::e ::.:-':: -- !'-~esa ....-=........ ....--.-... .;_...... '0 c. I ...:::...: -.... 5:--:.== -= ...-- - -_. _ _ -=== :'aJ:-=:= :"::0:2: __-:e::-s ":SE -:..:::..s c......... r.._~_. '';:. .-...... ....- .... -- -. .- . - .- :::. - ::~- - - =:- ---.... ----- .-.-.....- _..-...::._~-: e'.e-e- -.,:---_'O. -....-...- - "- -.....-......-.- :;.:.. ".~e:- -:.:--= --.......-. --. ...-... --...,.... -' . - -.--- -..... "'-.' -'. ....::-- --:: ::._--=,; a:;.::. F.a:- ==-_ Sa:- ::':>............ ..........-... - . .- -.... - -.---.--- -.....--.. ---. - C:'.~-e- - ... --... 5 €.:-;..=..::€ -:.::e -.....-- ..-...-.. -.- .... v..... __.... ------ - - ....-. --...--- .J7b rtj1/ ,..,.._. Sphere S':udy -3- r' __ 1-'::'" (5) Resort Area Schools (Draft sphere study, page 25(): The Resort area is comprised largely of hotel and commercial facilities, and support residential (likely second homes). These land uses will not generate many school age children, rendering this issue largely moot. For this reason, no elementary school was proposed for the resort village. Nevertheless, Village 13 (Resort), village 15 (Estate South of the Lake), and about one- half of Village 14 (Proctor Valley) are all located within the Sweetwater High School District. Children from these areas will at~end Sweetwater Dist~ict High Schools, regardless 0= Ci~y or county land use jur~sdic~ion. (6) Resort hrea Drainage Dra~~ Sphe=e S~udy s~a~es ~. ....Q- r__ ..,Co ~o ~he ~i~y ~= :~~la (Draft Sphere Study, page 201): ~he ~hat ~nnexat~on 0= the rtesc~~ Pla~~inc Y.:.sta .Io'.'ould "==~~::-::..=~-:.e ~o the c::-e2~':'c- == 2 ~c~e i~~egra~e~ ~=a~~age syste~I'. F_::-;-..:.a2.ly, -;ne 0:::)05:' -;e .; c: ::'lore a=c...:~a~e. Ever:.::..:: t::e o't 2. \. \~allev ~_~-_"e_' _'s e"e'l"'l-~':i'" a~~eve':' .;..j.,e C':_\- -''':1i S....~~l ........0 _;",\"c~ro-'1\" ....- - . . .. ~.."''''''c':_~ .....~.r:....., "-.,_ .-...... ___ ___._ w_ .t-'''''... __....c.___ -e-a---e~ ~., -ne .-',;,s an~ a -aJ~- car:"~- "'-c- -~e Reso-- a-e. ~ :' _c, _ _ -l -.... ....=.:._ _....., .." ...._ _._ oJ4.. __ ... _..4. _ _ _ Co. ~n~ess s~o~. wa~er ~~~c=f ~s p=oposec ~= be pu~ped ~o C~~la \:s~a, i~ :5 ci==i=~~~ ~o see ho~ Reso~-:. a~ea s~==ace =~~=== ~~~_ e\'e= err:.s::" -=~e =:.. -;::.- cra:':la;-e sys-:.err.. ~~e SRP/G~? ~e~~:..~es ~~a-= a~ ~~~a~ ~~~==: c:..~e=5i~~ sys~e= ~: ::.esiq::e::. -:.:: ;::-=-=e::-= -==:e ....:a-=e= g-...:.a:"i. -=y c: ~~e :"a}:es _ ':'~:..s :::".,"5::-::::':::: sys~e.::-. .\.:.:.::. ==:e=,,: ~:::..::==:::-;::==a::.e= .:.:..:':';~es ::, :~ a:::: ;:_:_ea_,.~.::.__:__-:.~_._:__=__ ~~=~_-_.=~_~-_:~.~.-=_:_~:'.a::~:~~.~~eas :o=~":ec ~:..-:.~::: -:.~e =::"a:..~=~: - - -- _ -:. -...-:.__ :1::-:' :'.aKe se:1se ":.:: se;:a::-a-:.e -=:-..:: ~:s==-= ~rsa's r~::=:: =~ye=s:.=:: 5ys":e~ ==== ":~= ::-=her z.==e::-:.e:: .':..:":"z.~es a:::: :;:~a:::-.:..~~ a:-eas . ., '- - . . . , ;.:::::::: ...::..:.._ =e::-.a:..:: ...:: -:.:::.:- -:.::e .::--:.::::=::-;::::-a-=e= .........--. - - - - -- - ---- - .~~._. ---- . - , ~ - --- -- .. --- ----- :::. -:.s~-::;c.::: :-.c.c':' .. , c.';'':''_ :,_c;r~i::._ . .. . ... :::-----:::-....- ---- -- --- ---. re~a=~:.::~ :)epa::--:.:=;e::-='s resp=::ses -=-= ":~ese , C'=:"':::: ------ . -' - -.=.....,::. --.----- .-- -;......~ ::~:- ~ .s::.ee~a:- -,.:.:.:.re.:- ~';css':;'::-::-.=.::- J7~~Lj5 . . ~. . ATTA:IiMENT 8 Chula Vista sphere of Influence Tentat~ve processing Schedule * November, 1994 Cc~sul~ant subrnit~al _& ~- Aevi~;d FI1;D Model. . . . . . . November 4, Cc~s~:tant Sub~~~t~: ~: Scree~=he=}: :'E::~....... . NoveIr.ber 18, D::::i=:. Re_~ased Pu1:::l:..= Ee'..ie-;..-........... Decer.-j)er 9, /:::: ~- day '1- -:; --; .-! ..~ 19~4 1994 1994 DE:R Review Period Ends........ ..................January 23, 1995 D::-a::--:. so~~issio~.....~a=ch 8, Sphere S-::u::y, -~ -~ :::an:-.':':1:; :JE:F~ ~::-=.=-: .. -_.: ~ . ........r.:--___ ~. c-.-c-.... ....~..._-;. .....;_.. ....._.~- -.; . -- ....-.---. s-=:.:.=~- .....~ -." -- - ;.--.: - . . . .... .r;..:--___ --, Sub::,.:" -:-:=.:' -- :....~_=c::. . _.: _= ::ea::-:.::= 'e!:-::.::z.-:;=. :..;..?:= ..".. .=-..:.:.y --, ::s..,; :"c-v.- -.......-- ~ ~.._.. _.. ~ ~e~~a-::..ve sched~:e ~ase=. e;;:-::.irna-:.es, 7/94. ..... --. 3-:2..::: J.,?b -;/i- 1995 .cc:::: "00:::: -- --' _:::'~::l \ . . . "'" November 10, 1994 MEMO TO: FROM: The Honorable Mayor and City Council ~. Leonard M. Moore, Councilman SUBJECT: BOARD/COMMISSION/COMMITTEE LIAISON Various members of our numerous commissions have voiced their desire for Councilmembers 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. St:E ATTACHED FOR BJ:COMMENDED 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 6<.9 Q - ( f ,/ I'D? '? '------ BOARD AND COMMISSION GROUPS J Day ot Week Time Mtgs/month Lccation GROUP I (All Evenings) Design Review 2nd & 4th Mon. 4:30pm 2 PSB Confnn 2&3 Board of Appeals/ADA 2nd Mon. 5:00pm PSB Cont nn 1 Veterans Advisory 3rd Tues. 6:00pm Pk & Rec Calf nn Child Care 3rd Tues. 7:00pm Pk & Rec Calf nn Youth Commission 2nd Mon. 6:30pm Pk & Rec Calf nn Satety Commission 2nd Thurs. 7:00pm Cou1ciI Chamber GROUP II Board of Ethics On call Council Cont nn Mobile Home Rent On call Council Chamber Town Center PAC 1 at & 3rd Thurs. 8:30am 2 PSB Confnn 2&3 Int. Friendship 4th Mon. 4:00pm Fi8 Dept. Tmg nn Cultural Arts 2nd Tues. 5:00pm Pk & Rec Call nn Parks & Rec 3rd Tues. 6:30pm PS8 Conf nn 2&3 ""'" GROUP III j GMOC On call PSB Conf nr. W Inter. Agency Water On call Council Cont 1111 Southwest PAC 1 st Mon. 4:40pm PSB Cont nn 1 Human Relations 2nd Wed. 5:00pm Council Cont nn Civil Service 2nd Thurs. 5:30pm Pk & Rec Calf nn Resource Cons. 2nd & 4th Mon. 6:00pm PSB Cont nn 1 Caslle Patk Revitalization 4th Wed. 7:00pm PSB Conf nn 2&3 GROUP IV (All Daytime) Charter Review On call As noticed Olay Valley PAC 2nd & 4th Mon. 8:00am 2 PSB Cont nn 3 Economic Dev. 1st Wed. Noon PSB Confnn 2&3 Cmsn on Aging 2nd Wed. 3:00pm Norman Center Ubrary Board 4th Wed. 3:00pm Ub Cont nn 1 l,ouslng Advisory 4th Wed. 3:30pm PSB Ccnf nn 2&3 "'t ., J('fQ. - ~