HomeMy WebLinkAboutAgenda Packet 1994/10/04
Tuesday, October 4, 1994
4:00 p.m.
Council Chambers
Public Services Building
Re~ular Meetin~ of the City of Chula Vista City Council
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:
September 20, 1994 (Joint Meeting of the City Council /Redevelopment
Agency) and September 27, 1994 (City Council Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the month of October as "National Arts & Hwnanities Month." The
proclamation will be presented by Mayor Nader to Chairperson Coleen Scott, Cultural Arts
Commission. A brief presentation will be made by Larry U rritia, Southwestern College Gallery.
b. Oath of Office:
Board of Appeals - Peter S. Puzon;
Board of Ethics - Joanne E. Carson, Billy L. Kelley, and Richard D. Schulman.
c. Proclaiming Wednesday, October 12, 1994, as "Emergency Nurses Day." The proclamation
will be presented by Mayor Nader to Corinne Hollings, President of the San Diego Chapter,
Emergency Nurses Association.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene Into open session to report any 1iJ1Jl1 actions taken In closed session and to a4Joum the meeting.
Because of the cost Involved, there wUl be no videotaping of the reconvened portion of the meeting. However,
final actions reported wUl be recorded In the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent Calendar wUl be enacted by
the Coundl by one motion without discussion unless a Counci/member, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak In favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there was no reportable actions taken from the
Closed Session of 9/27/94. It is recommended that the letter be received and filed.
Agenda
-2-
October 4, 1994
6. ORDINANCE 2605 ESTABLISHING AN ACCESS APPEALS BOARD (second readinl! and
adontionl - The California Code of Regulations, Health and Safety Code
mandates the creation of an Access Appeals Board to hear writteo appeals
brought by any person regarding action taken by the Building Department of the
City in enforcement of the requirements. The Department of Building and
Housing staff has brought forth this requirement to the Board of Appeals and
Advisors for consideration and endorsement. The Board of Appeals and
Advisors has reviewed staffs proposed Ordinance and recommends its adoption.
Staff recommends Council place the ordinance on second reading and adoption.
(Director of Building and Housing)
7.A. RESOLUTION 17666 EXECUTING AN AGREEMENT WITH THE CALIFORNIA ENERGY
COMMISSION TO PROVIDE $55,000 IN GRANT FUNDING AND
APPROPRlATING THOSE FUNDS TO THE ENERGY CONSERVATION
FUND AND APPROVING BUDGET FOR SAME - The California Energy
Commission provided $55,000 in grant funding to develop an alternative fuels
retrofit rebate program to be offered to the Chula Vista businesses and to create
a local market for electric vehicles development and use. The funds will also
be used to help in the purchase of an electric shuttle for Chula Vista's
Telecenter Program, for approval of a Request for Proposal, and approval of a
$5,000 contract to provide a public information program for the retrofit rebate
program. Staff recommends approval of the resolutions. (Administration)
4/5th's vote required. Continued from the meeting of 9/27/94.
B. RESOLUTION 17667 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR $10,000 WITH ELEKTRUK TO PURCHASE AN ELECTRlC
RETROFITTED VAN FOR CHULA VISTA'S TELECENTER
C. RESOLUTION 17668 AUTHORIZING THE CITY MANAGER TO SOLICIT RESPONSES FOR
A REQUEST FOR PROPOSAL (RFP) FOR $5,000 IN CONSULTING
SERVICE TO DEVELOP AND PROMOTE AN ALTERNATIVE FUELS
RETROFIT REBATE PROGRAM
8. RESOLUTION 17675 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING
WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WITH THE POLICE OFFICERS' ASSOClATION FOR FlSCAL YEAR
1994/95 - Negotiating teams representing the City and the Police Officers'
Association (POA) have reached agreement on a Memorandum of Understanding
(MOU) covering Fiscal Year 1994/95. The proposed MOU was ratified by
POA's membership on September 8th. The major additions and changes to the
terms and conditions of the proposed MOU are summarized in the report. Staff
recommends approval of the resolution. (Director of Personnel)
9. RESOLUTION 17670 ACCEPTING FEDERAL DEPARTMENT OF EDUCATION, LmRARY
SERVICES AND CONSTRUCTION ACT TITLE VI LmRARY
LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA
VISTA LITERACY TEAM, APPROPRlATING FUNDS, AND AMENDING
THE FlSCAL YEAR 1994/95 BUDGET TO INCLUDE .83 FULL TIME
EMPLOYEE POSITIONS - The Chula Vista Literacy Team has received
$34,720 in funding under the Library Services and Construction Act, Title VI
Library Literacy Program, to implement a model program to identify and aid
adult learners with dyslexia. Staff recommends approval of the resolution.
(Library Director) 4/Sth's vote required. Continued from the meeting of
9/27/94.
Agenda
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October 4, 1994
10. RESOLUTION 17671 ACCEPfING FEDERAL DEPARTMENT OF EDUCATION, LffiRARY
SERVICES AND CONSTRUCTION ACT TITLE VI LffiRARY
LITERACY PROGRAM GRANT FUNDS AWARDED TO THE CHULA
VISTALITERACYTEAM,APPROPRIATING FUNDS, AND AMENDING
THE FISCAL YEAR 1994/95 BUDGET TO INCLUDE .48 FULL TIME
EMPLOYEE POSITIONS - The Chula Vista Literacy Team has received
$34,986 in funding to continue its work developing and offering a variety of
small group writing classes to adult learners at several locations throughout
Chula Vista. Staff recommends approval of the resolution. (Library Director)
4/5th's vote required. Continued from the meeting of 9/27/94.
1l.A. RESOLUTION 17676 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 88-3A, EASTLAKE SOUTH GREENS, UNIT
3 (NORTH HALF) - On 7/18/89, Council approved the Tentative Subdivision
Map for Tract 88-3, Eastlake Greens. On 8/16/94, Council approved an
amendment to the Eastlake Greens Tentative Subdivision Map, Tract 88-3A.
The purpose of the amended Tentative Subdivision Map was to reconfigure the
phasing of the original development. The final map for the north half of Unit
3 of said tentative maps is before Council for approval. Staff recommends
approval of the resolutions. (Director of Public Works)
B. RESOLUTION 17677 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTIONS NUMBER
15200 AND 17618 APPROVING A TENTATIVE SUBDIVISION MAP FOR
EASTLAKE GREENS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
12. RESOLUTION 17678 AUTHORIZING THE ADDITION OF TF230 - TRAmC SIGNAL
SAFETY PROJECT AT FOUR LOCATIONS TO THE FISCAL YEAR
1994/95 CAPITAL IMPROVEMENT PROGRAM AND APPROPRIATING
FUNDS THEREFOR - Staff is requesting appropriation of $79,200 out of the
Traffic Signal Fund to eliminate hazardous conditions at four locations: (1)
Palomar Street and Fourth Avenue: (2) Telegraph Canyon Road and
Crest/Oleander: (3) Telegraph Canyon Road and Paseo del Rey: and (4) "H"
Street and Third Avenue. The first three locations involve the removal of
median island traffic signal poles which have been struck repeatedly over the
past years. The fourth location involves the relocation of a traffic signsl pole
within the sidewalk area, which restricts the movement of wheelchair disabled
persons. The latter item was brought to staffs attention at a recent American
with Disabilities Act public meeting. Staff recommends approval of the
resolution. (Director of Public Works) 4/5th's vote required.
13. RESOLUTION 17679 ACCEPfING BIDS AND AWARDING CONTRACT FOR "EL DORADO
TELECOMMUNICATIONS TRENCH (GG-142)" - On 8/10/94, sealed bids
were received for "EI Dorado Telecommunications Trench (GG-142)." Staff
recommends approval of the resolution. (Director of Public Works)
14. REPORT REQUEST TO CONDUCT PARADE FROM MONTGOMERY
ELEMENTARY SCHOOL - Montgomery Elementary School is requesting
pennission to conduct a school parade on 10/12/94. The parade would be held
from 12:45 p.m. until 1:30 p.m. Staff recommends Council approve the request
subject to staff conditions. (Director of Parks of Recreation)
* * END OF CONSENT CALENDAR * *
Agenda
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October 4, 1994
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the sttiff recommendation; complete
the pink fonn to speak in opposition to the sttiff recommendation.) Comments are limited to five minutes per
individual.
None submitted.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Councll'sjurisdiction that is lIJll an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council wU/ consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
15. THE INTERNATIONAL FRIENDSHIP COMMISSION RECOMMENDS TO COUNCIL THAT THE
MAYOR AND MAYOR-ELECT TAKE THE OPPORTUNITY TO TRAVEL TO USSURIJSK,
RUSSIA TO EXPLORE A LINKAGE OF FRIENDSHIP WITH THIS CITY. THE
INTERNATIONAL FRIENDSHIP COMMISSION IS CONSIDERING A MORE FORMALIZED
SISTER CITY RELATIONSHIP WITH USSURIJSK UPON THE REPORT TO THE COMMISSION
FROM THE MAYOR AND MAYOR-ELECT AFTER THEIR VISIT TO THE CITY.
ACTION ITEMS
The items Usted in this section of the agenda are expected to elicit substantiol discussions and deliberations by
the CouncU, sttiff, or members of the general public. The items will be considered individually by the Council
and sttiffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
16.
REPORT
UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be
given by staff.
RESOLUTION 17672 WAIVING THE CONSULTANT SELECTION REQUIREMENTS AND
AUTHORIZING THE MAYOR TO EXECUTE THE FIRST
AMENDMENT EXTENDING CONTRACT NUMBER C094-082 NOT TO
EXCEED $55,000 FOR SOLID WASTE CONSULTANT SERVICES WITH
BROWN, VENCE AND ASSOCIATES (BVA), AND APPROPRIATING
FUNDS THEREFOR - At the 6/7/94 meeting, Council approved a $25,000
contract with BV A for specialized solid wasle consultant services related to the
first phase development of a transfer station and materials recovery facility.
Services under this contract have been provided at the City's discretion and paid
for on a "time-and-materials" basis. There is about $4,000 in funds remaining
in the current contract. If the City desires to have future services available, an
extension of contract funds will be necessary in the near future. The amendment
Agenda
A.
REPORT
B.
REPORT
17.
RESOLUTION 17680
18.
RESOLUTION 17681
-5-
October 4, 1994
appropriates $30,000 in additional funds for services which can be projected to
be provided to the City at least through the end of this calendar year. Staff
recommends approval of the resolution. (Deputy City Manager Krempl)
4/5th's vote required. Continued from the meeting of 9/27/94.
DETAILED SITE EVALUATION AND RECOMMENDATIONS FOR
TRANSFER STATION AND MATERIALS RECOVERY FACILITY - On
9/6/94, Council received a report and preliminary evaluation of 14 candidate
sites within the City which could be used for a trash transfer station and
materials recovery facility. Staff was directed to proceed with an in-depth
evaluation of the three top-ranking sites and to report back with further
recommendations. The report describes the methodology and results and also
outlines a schedule for a forum for public input on the recommendations. Staff
recommends Council accept the report and direct staff to: proceed with the
public forum on 10/20/94; report the results of the forum orally at the meeting
of 10/25/94; and return to Council in early November 1994 with a final site
recommendation. (Deputy City Manager Krempl)
CONSIDERATION OF CITY'S OPTIONS FOR LOCAL ENFORCEMENT
AGENCY (LEA) DESIGNATION AND CERTlFlCATION - On 8/9/94.
Council discussed the City's options with regard to changing the current
designation of the County's Environmental Health Services as the certified LEA
handling the solid waste permitting and enforcement needs within the City's
boundaries. To belp provide more information about the viability of contracting
with another LEA (outside of San Diego County), staffwas directed to issue a
Request for Proposals. As part of that direction, staff was also to meet with
Environmental Health Services staff regarding the City's concerns about their
ability to maintain autonomy and independence from the County Board of
Supervisors in the performance of its LEA responsibilities. The report includes
feedback on the response, describes the interest level for contract services from
other LEAs, and makes further recommendations. Staff recommends Council
make no change to the current LEA designation at this time, but direct staff to:
(a) begin working with the current LEA for the first phase development of the
transfer station while providing notice that the City may still desire a future
change; and (h) return in 60 days with a progress report to include an updated
recommendation regarding a change to the current service provider. (Deputy
City Manager Krempl).
APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING
CONTRACT FOR "SIDEWALK SAFETY PROGRAM, FOURTH
AVENUE, EAST SIDE - FROM 450 FEET SOUTH OF ORANGE
AVENUE TO ANITA STREET" (STL-218) IN THE CITY - On 8/3/94,
sealed bids were received for "Sidewalk Safety Program, Fourth Avenue, East
Side - From 450 feet south of Orange Avenue to Anita Street" (STL-218). The
work to be done consists of street widening, new curb, gutter, sidewalk and
miscellaneous landscaping. Staff recommends approval of the resolution.
(Director of Public Works) 4/5th's vote required.
INTENTION TO CONSIDER VACATING A PORTION OF MOSS
STREET NORTHERLY FROM ITS INTERSECTION WITH NAPLES
STREET WESTERLY TO THE 1000 BLOCK OF ALPINE A VENUE AND
SETTING A PUBLIC HEARING ON NOVEMBER I, 1994 AT OR AFTER
6:00 P.M. - The San Diego Country Club and Country Club Villa Estates,
owner of the triangular piece of property between Moss and Naples Streets
westerly of the juncture of those streets, have 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, in
order to consider a request for such vacation, the Council must first hold a
public hearing. Staff recommends approval of the resolution. (Director of
Public Works)
Agenda
~-
October 4, 1994
19
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 wiU discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those puUed by Councilmembers.
Public comments are Umited to five minutes per individual.
OTHER BUSINESS
20. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
21. MAYOR'S REPORTCS)
a. Ratification of appointment to the International Friendship Commission - Carol Dysart.
b. Site for Kidz Biz Program - discussion and possible direction. Continued from the meeting of
9/27/94.
22. COUNCIL COMMENTS
CLOSED SESSION
Unless the City Attomey, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the foUowing items of business which are permitted by law to be the subject of a clased
session discussion, and which the Council is advised should be discussed in clased session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of JiJHJl action
taken in clased session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
clased session, reports of JiJHJl action taken, and a4journment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
23. CONFERENCE WITH LEGAL COUNSEL - Anticinated litigation pursuant to Government Code
Section 54956.9
. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: \.
. City vs. Solid Waste Management IPA (differential rate structure and transfer station
legal issues).
. Metro Sewer Adjustment Billing.
. County of San Diego regarding Daley Rock Quarry CUP.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
. Title: City Attorney
Agenda
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October 4, 1994
24. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA), Western Council
of Engineers (WCE), and International Association of Fire Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
25. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on October 11, 1994
at 6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting.
September 29, 1994
SUBJECf:
The Honorable Mayor and City Council
John D. Goss, City Manag~
City Council Meeting of October 4, 1994
TO:
FROM:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, October 4, 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 at the closed session of September 27,1994. IT
IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND
FILED.
JDG:mab
PROCLAIMING THE MONTH OF OCTOBER 1994 AS
NATIONAL ARTS & HUMANITIES MONTH
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, the arts and humanities affect every aspect of life in America today
including the economy, social problem solving, job creation, education, creativity and
community liveability; and
WHEREAS, a coalition of 45 national arts and humanities organizations
representing over 23,000 cultural organizations has formed the National Cultural Alliance
to develop a multi-year public awareness campaign on the availability and importance
of the humanities and arts to all Americans; and
WHEREAS, the nation's 23,000 cultural organizations, the National Endowment
for the Arts, the National Endowment for the Humanities, the nation's 3,800 local arts
agencies, the arts and the humanities councils of the 56 states and U. S. jurisdictions,
and the President of the United States will be encouraged to participate in this
celebration and in the public awareness campaign, and
WHEREAS, the month of October has been designated as National Arts and
Humanities Month by the United States Conference of Mayors:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California
do hereby declare the month of October 1994 as NATIONAL ARTS & HUMANITIES
MONTH in the City of Chula Vista, California and urge our residents to participate in, and
to celebrate the cultural riches our City has to offer.
arts
7'a.. ' /
COUNCIL AGENDA STATEMENT
Item
~c.
Meeting Date 10/04/94
ITEM TITLE: Proclamation - Proclaiming Wednesday, October 12, 1994 as
EMERGENCY NURSES DAY
SUBMITTED BY:
Mayor Tim
Nade~
(4/Sths Vote: Yes___ No~)
The proclamation declaring Wednesday, October 12, 1994 as EMERGENCY NURSES
DAY will be presented by Mayor Nader to Ms. Corinne Hollings, President of
the San Diego chapter Emergency Nurses Association.
Form A-113 (Rev. 11/79)
~c-I
PROCLAIMING WEDNESDAY, OCTOBER 12, 1994 AS
EMERGENCY NURSES DAY
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, Emergency Nurses are committed to provide quality
emergency care; and
WHEREAS, Emergency Nurses have demonstrated their
professionalism and continually strive to upgrade standards of practice and
improve services; and
WHEREAS, Emergency Nurses endeavor to educate the public in the
prevention and treatment of emergency conditions and the proper and
effective use of emergency services:
NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista,
California, do hereby proclaim Wednesday, October 12, 1994 as
EMERGENCY NURSES DAY in the City of Chula Vista, California and urge
all residents of this community to join in its observance.
J/e -.)..
~V?
:-~~
--..;-...::~~
.............~ -
~~- ~
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
From:
September 29, 1994
The Honorable Mayor and City coup.t\Jl
Bruce M. Boogaard, city Attorney~~
Report Regarding Actions Taken in Closed Session
for the Meeting of 9/27/94
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 9/27/94 which are required under the Brown Act to
be reported.
However, the Council had previously authorized the city Attorney to
use his discretion in commencing litigation against the County and
Solid Waste Authority with regard to disparate tipping fees
proposed to be charged to non-member cities. The city Attorney
hereby reports that pursuant to that grant of authority, he has
committed the city, in cooperation with other non-member cities, to
enter into and pay for the cost of litigation using outside counsel
of D. Dwight Worden to institute such litigation.
BMB:lgk
C:\lt\clo88eS8.927
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
COUNCIL AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
ITEM: ?
MEETING OATE~t%l
Ordinance .2 ~d~tabIiShing an Access Appe.al~o~
~ ~\~~ I?i.~
Director of Building and Housi L/ "'.'Y- W .N.Q rr\fJ
~O\.,,/' "'"
City Manager ~~<.\, / [:)4~~~e: (Yes _ No ~
<-CO~
~"
BACKGROUND:
The California Code of Regulations, Health and Safety Code mandates the creation of
an Access Appeals Board to hear written appeals brought by any person regarding
action taken by the Building Department of the City in enforcement of the requirements.
Section 19957.5 of the Health and Safety Code explicitly dictates the makeup of such
a Board. The State Health and Safety Code specifically calls for a five member board,
with the following requirements: "two members of the Access Appeals Board shall be
physically handicapped persons, two members shall be persons experienced in
construction, and one member shall be a public member". The actions of the Access
Appeals Board is final and cannot be appealed to the City Council.
RECOMMENDATION: That the City Council:
1. Place the Ordinance on its first reading.
2. Direct the City Clerk, after the second reading and adoption of the Ordinance, to
solicit applications for the Access Appeals Board.
BOARD/COMMISSION RECOMMENDATION:
The Department of Building and Housing brought forth this State mandated requirement
to the Board of Appeals and Advisors for consideration and endorsement. The Board
of Appeals and Advisors reviewed staff's proposals at the meetings of June 13, 1994 and
July 11, 1994, and final action was taken on September 19, 1994 for recommended
adoption.
t-/
DISCUSSION:
Membershio: Department of Building and Housing staff presented several options to the
Board of Appeals and Advisors for the creation of the Access Appeals Board. The Board
of Appeals and Advisors discussed the options presented at its meetings of June 13,
1994 and July 11, 1994. After research by staff and consultation with the City Attorney's
Office, the options presented to the Board of Appeals and Advisors for consideration
were as follows:
1. To establish an Access Appeals Board with the membership criteria as stated in
the California Code of Regulations, Health and Safety Code, Section 19957.5
consisting of five members recommended by the Mayor, ratified by City Council.
The Access Appeals Board may be made up with members from existing Boards
and/or Commissions within the City in compliance with City Charter provisions.
(Attachment "A")
2. To establish an Access Appeals Board by altering the current make-up of the
Board of Appeals and Advisors by including an additional three members,
upgrading the current number from seven to ten members. The criteria for forty
percent (40%) representation of disabled members would be required. Hence,
four of the ten members would have to represent the disabled community.
(Attachment "B")
3. To not establish an Access Appeals Board; and that the City Council act as the
appellate body as permitted by the CCR, Health and Safety Code.
The unanimous recommendation of the Board of Appeals and Advisors was for Option
Number 1. The Board's assessment for recommending this option was founded on the
merit that this option represented the least amount of financial impact to the City due to
the potential of joint memberships on each Board. A secondary consideration by the
Board of Appeals and Advisors was the belief for establishing a degree of continuity
between the Board of Appeals and Advisors and the newly created Access Appeals
Board.
Freauencv of Meetinas: The Access Appeals Board shall meet on an as-needed basis,
as determined by the filing of Disabled Access Complaints, but not more than one
meeting each month. Staff anticipates approximately four to six meetings annually.
SUDDort Staff: The Department of Building and Housing is recommending that the
Director of Building and Housing be recognized as the "Secretary to the Access Appeals
Board". The Department's Administrative Secretary would serve as the clerical support
for the Board.
2
~ ~ .2...
Summarv: Briefly, the merits of establishing an autonomous Access Appeals Board to
hear matters pertaining to both State of California, Title 24 access issues and matters
pertaining to the Americans with Disabilities Act (ADA) are strong. Specifically, this is
due to the recent adoption by City Council in June, 1994 of the ADA Transition Plan and
the recent amendments to the State Building Code Standards effective in April, 1994, the
mandatorY requirement for establishing an Access Appeals Board is encumbered upon
the City. It is the recommendation of the Board of Appeals and Advisors that the City
Council not act as the Access Appeals Board due to the numerous pressing constraints
on the Council's collective time and that a degree of expertise in the disabled field be
recognized.
FISCAL IMPACT:
The Operational Budget of the Access Appeals Board is estimated at approximately $500
annually, to cover supplies, copying, postage and publication costs. The exact budget
amount will be determined after establishment of the Board. Expenses which may be
encumbered during the balance of FY 1994-95 will be charged against the Board of
Appeals and Advisors accounts; however, staff will keep itemized deductions of these
expenses in order to establish funds needed for the next fiscal year.
IYU
(M:\SHAREDlBLD_HSGIACCSA113)
3
&.~J
ORDINANCE NO. .2 /'/)5 ~O?~\O~
AN ORDINANCE OF THE CITY OF CHULA V!~T~~~~ CHAPTER
2.27 TO THE CHULA VISTA MUNICIPAL C~TABLlSHING AN
ACCESS APPEALS BOARD ~/
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That the Chula Vista Municipal Code is hereby amended by adding a new
Chapter 2.27 to read as follows:
CHAPTER 2.27
ACCESS APPEALS BOARD
Section 2.27.010 Creation.
There is hereby created an Access Appeals Board.
Section 2.27.020 Definition.
The following terms shall be interpreted and construed as set forth herein:
A. "Disabled" shall be as defined in the 1990 Americans with Disabilities Act.
B. "Building Official" shall be the Director of Building and Housing
Section 2.27.030 Purpose and Intent.
It is the purpose and intent of the City Council in establishing the Access Appeals
Board to create a body to conduct hearings on written appeals and may approve
or disapprove interpretations and enforcement actions taken by the Building
Department of the City as necessitated by the language in the California Code of
Regulations, Health and Safety Code, Section 19957.5.
Section 2.27.040 Functions and Duties.
The functions and duties of the Access Appeals Board shall be as follows:
A. To hear and decide appeals of orders, decisions or determinations made
by the Building Official relative to the application and interpretation of
disabled access issues pursuant to the California Code of Regulations,
1
INFORMATION PACKET
SCANNED AT FIRST READING
OF THIS ORDINANCE ON:
S6P :2.7 1994
~'s
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State Building Code, Title 24
B. To ratify the decision of the Building Official to exempt unreasonable
hardship cases when equivalent facilitation cannot be provided.
Section 2.27.050 Membership.
A. Number of Members.
The Board shall consist of five (5) Voting Members, one (1) Staff Ex-officio
Member, and such other General Ex-officio Members as the City Council
shall, from time-to-time appoint.
B. Designation of Members.
1. Voting Members.
The five (5) Voting Member shall be appointed by the City Council
from the qualified electors of the City in accordance with the
provision of Section 600, at seq. of the Charter, who shall be
residents of the City and who shall, throughout their term, maintain
their residency and elector status. Furthermore, the membership
must also meet the criteria as set forth in the Health and Safety
Code, Section 19957.5, as follows: two members shall be physically
handicapped persons, two members shall be persons experienced
in construction and one member shall be a public member.
2. Staff Ex-officio Member
The one (1) Staff Ex-officio Member shall be the City Manager or his
designated representative, who shall not be required to be a
qualified elector of the City, and who shall have no vote ("Staff Ex-
officio Member").
3. General Ex-officio Member.
The City Council, or its designee, may appoint such additional Ex-
officio Members of the Board as they deem appropriate, who shall
not be required to be qualified elector(s) of the City, but any such
appointed Ex-officio Members shall have no vote ("General Ex-officio
Member").
Section 2.27.060 Term of Office.
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A. Term of Office - All Classes of Members.
1 Except as otherwise provided in this Subsection A, the term of
Office of all Members, and all classes of Members, of said Board
shall be for a nominal period of four (4) years, and shall terminate
on June 30th of the fourth (4th) year of their term, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to
hold Office.
2. Terms of Existing Voting Members.
Notwithstanding Subsection A.1, the terms of existing Voting
Members of the Access Appeals Board shall conclude for one (1)
Voting Member on June 30, 1995, for one (1) Voting Member on
June 30,1996, for one (1) Voting Member on June 30,1997 and for
two (2) Voting Members on June 30, 1998, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to
hold Office.
3. Staff Ex-officio Member.
The term of the Staff Ex-officio Member shall be indefinite, and
he/she shall serve at the pleasure of the Council.
4 General Ex-officio Member.
The term of the General Ex-officio Members shall be for a period of
four (4) years from the time of appointment.
5. Holdover Office.
Notwithstanding the end of any Member's term as herein provided,
a Member, other than the Staff Ex-officio Member, shall be permitted
to continue to exercise the privileges of his or her former Office until
the Office to which the Member was appointed is filled by
reappointment of a qualified successor
6. Vacancies.
Notwithstanding the term of Office to which a Member is appointed,
said Office shall be deemed vacant upon any of the following events
("Event of Vacancy")'
a. The death or disability of said Member that renders said
3
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Member incapable of performing the duties of Office.
b. The Member's conviction of a felony or crime involving moral
turpitude.
c. The Member's absence from three (3) regular, consecutive
meetings of the Board, unless excused by majority vote of
the Board expressed in its official minutes.
d. The Member has submitted a resignation which resignation
has been accepted by the City Council.
e. The Membership has been terminated by three affirmative
votes of the City Council.
Upon the occurrence of an Event of Vacancy as hereinabove listed,
the City Council shall so declare the Office to be vacant, and shall
expeditiously take such steps as necessary to fill said vacancy
B. Number of Terms.
.
1 Voting Members.
a. Two Term Limit. No Voting Member shall be appointed to
more than two (2) terms except as herein provided ("Two
Term Limit").
b. Unexpired Term Exception. Notwithstanding the Two Term
Limit, a person appointed to the Board as a Voting Member
to fill the unexpired term of an Office of a Voting Member
which as become vacant ("Unexpired Term") which has less
then two (2) years remaining on said Unexpired Term, may
be appointed to two (2) terms in addition to their Unexpired
Term. A Voting Member who currently occupies an Office
may not be reappointed to fill the Unexpired Term of another
Office which has become vacant.
c. Any Voting Member may be reappointed to serve on the
Board after two (2) successive years of not serving on the
Board in any Office or Membership capacity - Voting or Staff
Ex-officio.
2. General Ex-officio Members.
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A General Ex-officio Member may be reappointed without limitation
as to number of terms.
Section 2.27.070 Operation of Board.
A. Frequency, Time and Place of Regular Meetings.
The Board shall meet on an as-needed basis, as determined by the filing
of disabled access complaints, but not more than one meeting each
month. The meeting shall commence at a time designated by the Chair or
at 4:00 p.m. on the Second Monday of each month, immediately prior to
the Board of Appeals and Advisors meeting, or at such other day and time
that it shall designate in written resolution, a copy of which shall be
forwarded to the City Council and entered in the minutes of the meeting
thereof, in Conference Room One of the Public Services Building at the
City Hall Complex located at 276 Fourth Avenue, Chula Vista, or at such
other place that it shall designate by written resolution, a copy of which
shall be forwarded to the City Council and entered in the minutes of the
meeting thereof, or at such place as may be posted upon the door of said
Conference Room at least thirty (30) minutes in advance of the meeting.
B. Officers and Board.
The Board shall select a Chairperson and a Vice-Chairperson from among
its Voting Members annually at its first meeting in July of each fiscal year.
The Chairperson and Vice-Chairperson so selected shall serve for a period
of one (1) year.
C. Special Meetings.
The Board may meet specially at such other time, days and places as it
shall establish by majority vote, or at such time as the Chairperson thereof
may call, or at such times as a majority of the members thereof may call
a meeting.
o Conduct of Meetings.
The meetings of the Board, and notice thereof, shall be governed by the
same rules and regulations by which the City Council is bound in the
conduct of the public meetings.
E. Quorum.
Three (3) Voting Members shall constitute a quorum for the transaction of
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business.
F Resolutions.
The affirmative vote of a majority of the entire membership shall be
required for the passage of any resolution of the Board.
G. Reports and Recommendation.
All reports and recommendations shall be made in writing.
H. Staff Support.
All Officers and Department Heads shall cooperate with and render
reasonable assistance to the Board. The City Manager may make
available staff and clerical support to the Board to fulfill its functions and
duties, provided such staff and clerical support is available.
I. Rules and Regulations.
The Board may make such rules and regulations not inconsistent with the
provisions of this Chapter
J. Gifts and Grants.
The Board may, subject to the approval of the City Council, accept gifts
and grants from any source to assist it in the performance of its functions.
K. By-Laws.
The Board may pass such other further rules and regulations regarding the
internal affairs of the Board as are not inconsistent with the terms and
conditions of this Chapter.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from
and after its adoption.
Kenneth G. Larsen, C.B.O.
Director of Building & Housing
(M:\SHARED\BLD _HSGIACCESDRD)
1:~ OID
. Bruce M. Boogaar
City Attorney
Presented by:
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ATTACHMENT "c"
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,
. 19956.5
HOUSING
Dlv.13
Ubrary Referencel
Municipal Corporations _269(4). 661. 756. C.J.s. Municipal Corporltlons n 783. 794,
761. 1048, 1686.
WES1l.A W Topic No. 268.
CoaatnacdOD aDd appbcalloD 1
Not.. of DeCllloM
requires all curbs and Ildewalks to be con.
structed 10 as to be ullble by physically di..
.bled persons; such requirements apply to
~urbs and sidewalks intended for public use
whether constl"\.lctcd whh pubHc or private
lunds and relardle.. 01 where localed. 5~
Ops.AlIy.Gen. 186, 4-11>-74.
I. CooalnlCtlOD and application
This section. when read In conjunction with
the 1971 amendments 10 Coy.C. I 4450 el aeq.
J 19957. Excepllon. from literal requirement. of .tandard. and .peclfl-
v catIon. In hard.hlp, etc., cue.
In cases of practical difficulty, unnecessary hardship, or extreme differ-
ences, a building department responsible for the enforcement of this part may
grant exceptions from the literal requirements of the standards and specifica.
tions required by this part or permit the use of other methods or materials,
but only when it is clearly evident that equivalent facilitation and protection
are thereby secured.
(Added by 5tat5.1969, c. 1560. p. 3166. 9 I. operative July I, 1970.)
;. 19957.5. Loc:al appeal. board; Jurisdiction; member.; dulle.
(a) Every city, county, or city and county may appoint a local appeals
board composed of five members to hear written appeals brought by any
person regarding action taken by the building department of the city, county,
or city and county in enforcement of the requirements of this part, including
the exceptions contained in Section 19957.
(b) Two members of the appeals board shall be physically handicapped
persons, two members shall be persons experienced in construction, and one
member shall be a public member.
(c) The appeals board shall conduct hearings on written appeals made
under subdivision (a) and may approve or disapprove interpretations of this
part and enforcement actions taken by the building department of the city,
county, or city and county. All such approvals or disapprovals shall be final
and conclusive as to the building department in the absence of fraud or
prejudicial abuse of discretion. The appeals board shall adopt regulations
establishing procedural rules and criteria for the carrying out of its duties
under this part.
(Added by 5tats.1976. c. 700, p. 1714,9 I)
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COUNCIL AGENDA STATEMENT
Item Title:
Item ?
Meeting date ".'27 94 loJ"'lq~
/I. Resolution I-;~/'~xecute an agreement with the California Energy
Commission.to provide $55,000 in grant funding and appropriating those
funds to the Energy Conservation Fund and approving budget for same,
IJ. Resolution J 7"'''' 'l authorizing the City Manger to execute a contract for
$10,000 with E1ekTruk to purchase an electric retrofitted van for Chula
Vista's Telecenter.
C, Resolution J'l '" Y authorizing the City Manager to solicit responses to
a Request For Proposal (RFP) for $5,000 in consulting service to develop
and promote an Alternative Fuels Retrofit Rebate Program, and to
negotiate a contract for such services.
Barbara Bamberger, Environmental Resource Manager~~
Ken Platt, Intel'lY-/?P
John D. Goss, City Manager1~s~ (4/5 Vote: Yes X No)
Submitted by:
Reviewed by:
On November 5, 1993, the Mayor and Council accepted $55,000 in grant funding from the
California Energy Commission (CEC). These funds were designated to implement an
Alternative Fuel Retrofit Program. This project will be part of the City's overall effort toward
development of a comprehensive energy conservation and air quality improvement program and
is consistent with the City's environmental agenda set by Council in 1992. Funding for this
project was authorized by Senate Bill 314, Chapter 1159, Statutes of 1993, and consists of funds
in the Petroleum Violation Escrow Account (PVEA), legislated to the City for the sole purpose
of developing an Alternative Fuel Retrofit Rebate Program. The purpose of this program to
promote the electric vehicle market development in Chula Vista, and to convert one internal
combustion van to electric power.
RECOMMENDATION: Approve:
1. Execution of an agreement for $55,000 with the California Energy Commission for
development and promotion of an Alternative Fuels Retrofit Rebate Program.
2. Authorizing the City Manager to execute a contract for $10,000 with E1ekTruk for
conversion of one internal combustion van to electric.
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3.
Authorizing the City Manager to solicit responses for a Request For Proposal for $5,000
in consulting service to develop and promote an Alternative Fuels Rebate program and
negotiate a contract for such services.
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4. Appropriating $55,000 in funding from the State of California Energy Commission and
appropriating funds therefor to the Energy Conservation Fund Account #280-2810, in
accordance with Attachment A.
BOARDS/COMMISSION RECOMMENDATIONS: N/ A
DISCUSSION
In conjunction with the City's ongOj.ri{~;~ls to be ener, conscious and to promote programs
for ongoing market development efforts su~h as the Bor r Environmental Commerce Alliance
and the Electric Parking Enfo;tement Pr~ram, staff proposes appropriation of $55,000 in
Energy Conservation Funds implement! an el~tri vehicle retrofit rebate program. It is
anticipated this program will ve approxi~ateI>,'24 illion British Thermal Units or BTU (one
Btu is equivalent to burnin one match) oyer e en year life of the program. Residents of
the City will benefit from t e reduction in VI icle haust that will occur from this program, and
businesses will benefit by he rebate offe I , as ell as through development and promotion of
an emerging electric ve cle market.
The primary goal of e vehicle "'Oltlre te program is to save energy, reduce vehicle
emissions and assist I al busine es. his ill be accomplished through the displacement of ""
petroleum based fuel' y enco ging he e of electric and compressed natural gas (CNG) 1
vehicles in niche m kets a ropriat fo such use. Such market niche~~ude vehicles
requiring a short ge 0 60 miles or less per day. Types of ve!Jjcre Whi~might be
appropriate include u' vehicles fI r opping centers, short-rang~livery veh cles and/or
local company vehic . Additionall, he electric vehicle retrofifprogram will low local
alternative fuel businesses to receive jump start" and developla niche for their:business in
Chula Vista. Finally, this program ill produce air quality;fmprovements that ~ill benefit
citizens who live, work and play in ula Vista.
ELECTRIC V AN - PHASE I /
The first phase of the project will In . st of convertiIJi/retrofiting an existing van to an electric
shuttle that will be used to trans rt telecommuti,ng participants to and from Chula Vista's
Neighborhood Telecenters. The ectri shuttle)Vii1 be a converted IS passenger minivan with
one wheelchair restraint system and w l,tneet the American with Disabilities Act (ADA)
requirements. The shuttle will developed by a local company, ElekTruk and will employ
several innovative features in i design, including an "opportunity-charging" system that will
reduce charging time and inc vehicle range significantly. When fully operational, the
telecenter element of this prog m is expected to daily displace 88 single occupancy vehicles per
week from Chula Vista roads d provide air quality improvements and decreased transportation
energy use.
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Originally, the City intended to develop four electric station cars for the Telecenter. However,
the electric station cars were intended to be driven by one participant per car, per day, limiting
the use of these vehicles to four participants each day. The electric shuttle will be much more
energy and cost efficient than the stations cars and will better meet the goals and objectives of
the City's energy conservation and air quality improvement program:
. The shuttle has greater capacity to carry more participants to and from the Telecenter.
The station cars were intended to be used by one participant at a time, thus limiting daily
use to four persons. The shuttle will carry up to 7 persons per trip and can make up to
5 round trips from most area within Chula Vista. The shuttle could also be used for
more than one purpose since it has a greater carrying capacity than the station cars.
. More vehicle trips and vehicle miles traveled will be reduced by the shuttle. Vehicle
occupancy rates will also be increased due to the shuttle's greater carrying capacity. The
region will benefit from the associated reduction in vehicle emissions.
The cost of the shuttle will be approximately $30,000 ($20,000 was allocated from APCB in
August 1994 with the additional $10,000 from the CEC). The shuttle is in the process of being
retrofitted by ElekTruk. Once the vehicle is completed and operational, and the contracts
approved by the City, the City will take over ownership and operation.
REBATE PROGRAM - PHASE n
The second phase of the Rebate Program will consist of developing, implementing, and offering
a retrofit rebate program for internal combustion engine transit, retail security vehicles and/or
similar vehicles to electric or CNG power. Other alternative fuels (e.g., methanol, ethanol)
were omitted due to costly infrastructure retrofit requirements. supply uncertainties, fuel cost
and lack of current market pepetration.
I
The City will develop a list of approved vehicle retrofit companies, in conjunction with the Air
Resources Board and the CEC. Businesses will receive a rebate after submitting an invoice to
the City from an approved electric or CNG retrofit company. Retrofits for CNG costs
approximately $4,000 to $4,500 per vehicle. For electric vehicles, the cost to retrofit is
approximately $10,000 per vehicle. The City would provide approximately 10-20 rebates,
depending upon the type of retrofit, with a $4,000 rebate cap per vehicle.
Chula Vista has one natural gas refueling station located on 840 East J Street and SDG&E is
planning to build more in the coming years. The current price for CNG is approximately $.88
per gasoline gallon equivalent. Electric vehicle may be plugged into existing electrical outlets
and the cost to operate is approximately 1/3 less than gasoline. Recharging can be done during
off-peak hours, thus reducing costs, peak demands and Nitrogen Dioxide (NOx) emissions from
the fuel burned to generate electricity to recharge batteries.
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State and Federal Relwlations
State and Federal regulations will bolster the alternative fuel market and change future fleet """"
procurement practices. For example, the 1990 California Air Resources Board (CARB)
Regulations, also known as the California Low Emission Vehicle program, mandates the most
stringent clean vehicles program in the world. It is the most important piece of legislation
promoting alternative fuel vehicles. CARB requires that by 1997, at least 2% of all cars and
light duty trucks sold by each auto maker in California must be ultra low emission vehicles
(ULEV); and by 2003, at least 15% of cars and light duty trucks sold must be ULEV. Both
CNG and electric vehicles meet the ULEV definition. CARB also requires that at least 10% of
all cars and light duty trucks sold by 2003 must be zero emission vehicles (ZEV). Of existing
technologies, only electric vehicles meet the ZEV definition. Promoting alternative fuel vehicles
will lessen the future impacts of this mandate and assist with alternative fuel vehicle penetration
and acceptance.
The Federal Energy Policy Act (FEPA) of 1992 also requires an alternative fuels program.
FEPA mandates vehicle fleets to be converted to alternative fuels starting in 1993; by 200374%
of all federal and state government fleets must be converted, along with 30% of local and private
fleets (10 or more vehicles). Chula Vista's Alternative Fuels Rebate Program will help private
fleets meet these requirements.
The Federal Clean Air Act requires areas classified as severe, like San Diego, for ozone
emissions to have an employer based trip reduction program for employers with 100 or more
employees. Alternative fueled vehicles would not relieve this requirement. However, if the "'"
region is reclassified for ozone (the APCD has made such a request) by the federal government, l
the State Clean Air Act would supersede the Federal Act. The State Act would allow credits
for alternative fuel vehicles to alleviate air quality problems.
Consultinl! Services
Staffing services required to developed the Alternative Fuel Retrofit Rebate marketing plan
would strain existing City energy conservation and air quality improvement programs since the
City currently has only one staff member overseeing these projects. For this reason, consulting
services to promote and develop the retrofit rebate program, which will be funded as part of the
grant, should be selected through the RFP process. The RFP process will consist of competitive
bids with the most qualified applicant selected. The City will have direct control over the
products produced and promoted by the selected consultant.
The selected consultant will develop and distribute promotional material regarding the availability
of rebates. The consultant shall also develop a public outreach campaign to local businesses
through announcements and notices for the duration of the rebate program. The purpose will
be to stimulate community interest and participation in the Rebate Program. Secondly, the
consultant will be required to acquaint interested parties with the benefits of alternative fueled
vehicles and their relationship to improved air quality and reduced reliance on petroleum
powered vehicles. Finally, the consultant will attempt to influence a reduction of the reliance
of local residents on petroleum powered vehicles as a primary form of transportation for work
1
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destinations. Rebate to qualified program participants will be issued between December 1, 1994
to December I, 1995.
Work Phase
The Work Statement (Attachment A) and related budget (fable I), have been developed to
implement the Alternative Fuels Retrofit Program.
FIScal Imoact
The City will receive $55,000 in grant funding to be appropriated to the Energy Conservation
Fund and Budgeted in account 280-2810 for the Alternative Fuels Retrofit Program. $40,000
will be used to provide rebates to businesses that retrofit existing combustion engine (ICE)
transit, retail service, and other similar vehicles to either natural gas or electricity. $10,000
from this grant will be used to supplement AB 2766 funds from the Air Pollution Control
District to retrofit an existing ICE van (total costs is $30,(00) to electric power. The electric
shuttle will provide a transportation service for the City's Neighborhood Telecenter. The
telecenter will operate the van to shuttle patrons to and from the center. Of the remaining funds,
$5,000 will be used to hire a consultant to develop an outreach campaign and to market the
Rebate Program to businesses.
5
7-:f
TABLE 1 - Energy Conservation Budget
i
Account # 280-2810
Energy Conservation Fund - Alternative Fuels
Retrofit Program
Account #280-2810 - $55,000
OBJECT ACCOUNT ITEM AMOUNT
5201 Other Contractual Service $5,000.00
5398 EV ICNG Retrofit Rebates $40,000.00
5565 Purchase of Electric Shuttle $10,000.00
TOTAL $55,000.00
"""
Attachments:
A) Work Statement
B) California Energy Commission Contract
"""
6
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Attachment A
Work Statement
Grantee: City of Chula Vista (Alternative Fueled Vehicle Retrofit Project>
This project shall be conducted in accordance with the Grantee's Stripper Well grant application
as approved by the Department of Energy and this grant agreement. The Grantee's Stripper Well
application (Plan No. 23) attached is incorporated as part of this agreement. If a conflict or
inconsistency exists between the terms of this grant agreement (and its incorporated documents)
and the Grantee's application. the grant agreement shall be considered controlling.
Specific tasks. products and due dates are as follows:
TASK 1:
Establish a separate ledger account for the receipt and disbursement of
Commission funds and provide written documentation to that effect. Work can
not begin until the written documentation specified above is submitted to the
Commission.
Product Description: Ledger Account Documentation
Product Due Date: May 31, 1994
TASK 2:
Submit specifications and contract/order to convert/retrofit an existing van as an
electric shuttle.
2.1 The grantee will submit to the Commission Project Manager the specifications for the
shuttle.
Product Description: Detailed Shuttle Specifications
Product Due Date: June 30.1994
2.2
The grantee will submit a copy of the executed contract with the contractor to
convert/retrofit an existing van to an electric shuttle. The copy of the contract will show
equipment necessary for the proper operation of the shuttles per bid specification. See
sample list below.
Electric Shuttles (without batteries)
Battery Packs
.
Chai'ging Station/Equipment
KWH/mile Performance Instrumentation
Power Consumption Instrumentation
Battery "State of Charge" Monitoring Instrumentation
Motor
Speed Controller
Air Conditioning and Heaters
7.?
Task 2.2 shuttle components list continued:
"""'
Wheelchair Iift/tiedowns/flip seats
Warranty
Product Description: Copy of executed contract
Product Due Date: September 1. 1994
TASK 3:
Submit written justification to the Commission Project Manager for the selection
of the vendor retrofitting/convening the van. The justification should explain:
.
.
.
the selection process
the selection criteria
reason why a panicular vendor was selected
Product Description: Vendor Selection Justification
Product Due Date: September 1. 1994
TASK 4:
Submit planned retrofit schedule. delivery and shuttle operation
dates to the Commission Project Manager.
Product Description: Retrofitting. Shuttle Delivery and Initial
Operation Milestones
Product Due Date: July 15. 1994
1
TASK 5:
Place Van/Shuttle in Service
5.1 The grantee will promote the introduction of the retrofitted shuttle. The grantee will
prepare and release promotional material via media and notices. 30 days before the
van/shuttle is placed in service and continue such promotion for 30 days after the shuttle
is placed in service. to stimulate greater community interest and increase ridership of the
telecenter van; acquaint interested panies with the benefits of alternative fueled vehicles
and their relation to improved air quality and petroleum fuel displacement; to influence
the reliance of local residents on petroleum fueled vehicles as a primary form of
transportation for work destinations.
5.2 The grantee will take delivery of. and place the retrOfitted shuttle in service no later than
November 30.1994.
TASK 6:
Prepare and submit summary plan for gathering data from shuttle operation.
6.1
The grantee will submit a summary plan for gathering data from the operation of the
shuttle. The plan should outline data collection regimes for the following:
""'"
7.8'
. Task 6.1 continued:
.
.
Evaluation Issues: van kilowall-hour (kWhl/mile usage. cost of kwhs consumed. annual VMT
traveled. annual van ridership. rider use and acceptance of electric vehicle from a mass transit
perspective. van operator evaluation of vehicle responsiveness and ease of operation. reponing of
unanticipated experiences relating to the operation of an EV shuttle;
.
Drivin~ Profile Issues: driving profile data to include. driving distance between stops. driving
time between stops. number of stops in a 24-hour period. total daily mileage. total daily drive
time. time of day of trips. miles per kWh performance. vehicle speed profile. accessory (i.e.. air
conditioning. lifts for handicapped riders). power usage pattern. traffic conditions encountered
on trip. road conditions encountered on trip. road types encountered on trip. vehicle promotional
activities to increase shullle use by public;
Vehicle Maintenance Issues: equipment maintenance information including but not limited to
maintenance frequency. maintenance costs. types and number of breakdowns. associated repair
costs. battery state of charge. frequency of battery replacement;
Vehicle Recharl!e Issues: frequency and speed of charging. number of recharge events per day.
total recharge time in a 24 hour period at 110 volts (if applicable). total recharge time in a 24
hour period at 220 volts (if applicable) time of day of recharging (start and completion time).
driving distance between recharge events;
Vehicle Performance Issues: kWh instrumentation performance. vehicle mechanical
performance (suspension sy~tem. braking effectiveness). vehicle range performance as a function
of charge. seasonal (winter/summer) effects on vehicle range. desirability for longer range.
Product Description:
Product Due Date:
Van/Shuttle Operation Data Acquisition Plan
No later than November 15. 1994 or one week
before van is placed in service. whichever occurs
first.
6.2 The grantee will collect data from the operation of the van/shuttle. Data collected should
cover the areas in the summary plan prepared in Task 6.1.
TASK 7:
Develop EV Retrofit Rebate Plan and submit copy to Commission Project
Manager.
Product Description: Copy of EV Retrofit Rebate Plan
Product Due Date: No later than September 1. 1994.
?,
TASK 8:
Issue Rebates
"'""
8.1 The grantee will promote the availability of rebates. The grantee will prepare and release
promotional material via media and notices, for the duration of the rebate program to
stimulate community interest and panicipation in the program: acquaint interested panies
with the benefits of alternative fueled vehicles and their relation to improved air quality
and petroleum fuel displacement; to influence the reliance of local residents on petroleum
fueled vehicles as a primary form of transponation for work destinations.
Milestone: 75% of targeted panicipants aware of rebate program by December 31.1994
8.2 The grantee will issue rebates to qualified program panicipants from October 1. 1994
through October 1, 1995.
TASK 9:
Prepare and submit Quanerly Progress Repons
A. The grantee shall prepare quanerly progress repons to discuss all work performed under
Work Statement Tasks 1 through 9 and include but not be limited to the following:
1) A summary of the status of all progress during the preceding calendar quarter. This
summary shall discuss:
.
the accomplishments, including the results or conclusions reached regarding the technical
and economic feasibility of projects and their future impacts on expanding the use of
electric vehicle shuttles.
'1
. the current status of each project activity including any schedule changes different from
the annual plan, problems, their causes, effect on the project and the proposed solutions,
and the likelihood of project implementation;
. any unresolved issues or items that require action by the Commission, DOE and/or the
grantee; and.
. the work plaMed for the next quarter.
Product Description: Quarterly Repon
Product Due Dates: As specified in the Terms and Conditions
TASK 10:
Prepare and submit AMual Energy Savings Report
'1
?-ltJ
SlAI1, OF C^l.I~ORNI^
GRANT AGREEMENT
C^L1H)R~I^ E"'-R(i" (,()M"I~M()S
l" ,.,,,h. ,~"
This agreement is official notification of a grant award from the California Energy Commission. The altachmenls listed below are
incorporated as part of this grant agreement.
I......INI:..III.
"lll'II'"
he City of Chula Vista
626-93-003
TU"
IIII",~'
276 4th Avenue, Chula Vista, CA 91910 (619) 691-5296
3/7/94 to 3/31/96
-,
C.X",v.IICT .....NA(,i~.
McKinley Addy, California Energy Commission
(916) 657-0833
AD"''''
1516 Ninth Street, MS 45, Sacramento, CA 95814
",unC1&:/UC'II'UUlO
THE CITY OF CHULA VISTA ALTERNATIVE FUELED VEHICLES RETROFIT PROGRAM
The city will implement a program which will Rtrofit an internal combustion ensine to electric power to provide transportation for its
telecenter, and will offer Rbates to businesses that R\rofit existing internal combustion ensine transit and Rtail security vehicles to electric
or compressed natural gas power.
CEC: $55.000
n.'lOnT:tU
",or,~..l,l
SEC6G)(3) CHULA VISTA FUEL RETROFIT PROGRAM
Ie""" Vtolallon EKrov. Aecount
,."UlJII1'LJlCU...UED
IUN
CllA"LI
nAT\1l'l
Il~~'" yv..
555,000.00
53002-3360-501'"
1159
1993
1993-94
5N/A
5,000.00
B 314 Stripper Well Expenditure Plan #23
.....KlIlOf lIC""DrTVlt
I hcreb~ certify upon my own pmonal knowlodae that bud,dad funds are available for the period Ind purpose silled ....c.
The undmiped pll'tia hi'"
anac:hmcnts \0 mil apetment and will comply wilh 1M I1lhdIrds and nquimnmll COIItIiMd lherein.
CALIFORNIA ENERGY COMMISSION RECIPIENT
..",...n:llorDl~TTOIllC"T'" .... ...l,.'llOliZUlllG"...n:lf .....<
......I. ......,.." ,... "'",~
Don Wallace 54.5204
""...CH/IIl,;l. "'"
] Tenns and Conditions
2. Work Statement
3. Budset
4. Resolutions
5. Project Management Manual
6. Federal OMB Circulars
GRANT NOT SUBJECT TO DGS APPROVAL
PER ATTORNEY GENERAL OPINIONS
.
SQM6.462
7.../1
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TERMS AND CONDITIONS
GRANT # 626 . 93 . 003
Funding for this grant was authorized by
Senate Bill 314, Chapter 1159, Statutes of 1993.
~
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GRANT TERMS AND CONDmONS
TABLE OF CONTENTS
GRANT AGREEMENT. . . .. . . . .. .. .. . .. .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... 1
INCORPORATED BY REFERENCE
............................ .................................
OTHER cONDmONS
.............................. ..... ..............................................
DUE DILIGENCE
'.................................... ................. .................................
FUNDING SOURCES. REQUIREMENTS AND RESTIUcnoNs
.... ..................................
Exxon Settlement . . . . . .
Stripper Well Settlement :
Warner Amendment .,.
State Energy Conservation Program (SECP)
RESTRIcnONS ON FUNDS - SUPPLANTING
.............................................................. ..
PRODUCTS
.............................................................................................................. ..
QUARTERLY PROGRESS REPORTS
.................... ..
.................................................... ..
GENERAL TERMS
.................................................... ..
............................................ ..
AMENDMENTS
...................................................................................................... ..
CONTRACTS OR SUBCONTRACTS
....................................................................... .
CONTRAcnNG AND PROCUREMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . ., 6
PERMITS AND CLEARANCES
..... ..IO...... ....1010101010 .1010.1010.101010.10.1010.10..10
TERMINATION
10 .1010..101010101010 10.10 10.10 1010101010.10 10.10.10 10.101010 10.10101010 .10.10 IO. 10..101010
Event of Breach
State's Option
.
.
.
TRAVEL AND PER DIEM
1010101010 .10.10.1010 10.10.10 10.... .1010.. .10 ..10 .10.10 .10 .10.. .10.10
RIGHTS OF PARTIES
10 .10 .10.10.10. .10.10 10..10 10.10.1010101010 10.1010.1010.10...10...10.10.10
PAYMENT OF FUNDS . 10 10 . 10 10 10 10 . 10 10 10 10 . . 10 10 10 10 10 10 . 10 10 10 . . . . . . . . . . . . . . . . . . . . . . .
?..IJ
1
2
2
3
3
3
3
3
4
4
4
5
5
6
6
7
7
7
7
10
10
F1NAL ADMINISTRATIVE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 10
AUDITS ......................................................... 11
INDEMNIFICATION ................................................. 11
NONDISCRIMINATION. STATEMENT OF COMPLIANCE. . . . . . . . . .. . . . . . . . . . . . ., 11
DRUG-FREE WORKPLACE CERTIF1CATION ................................ 12
DISPU1"ES ........................................................ 13
Commission Dispute Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 13
Binding Arbitration ........................................... 14
WORKERS' COMPENSATION INSURANCE.................................. 15
STATEMENT OF ECONOMIC INTERESTS .................................. 15
POLITICAL ACI1VITY LIMITATIONS (HATCH ACT) ........................... 15
")-1'1
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GRANT # 626 - 93 - 003
TERMS AND CONDITIONS
1.
GRANT AGREEMENT
This project is being funded with a grant from the California Energy Commission.
Funding for this project was authorized by Senate BiI1314, Chapter 1159, Statutes of
1993, and consists of federal oil overcharge funds in the Petroleum Violation Escrow
Account (PVEA). It is hereby understood and agreed that this agreement shall be
governed by the laws of the State of California as to interpretation and performance.
This agreement shall be signed and returned to the Commission within 30 days.
Failure to meet this requirement may result in forfeiture of the award
2. INCORPORATED BY REFERENCE
This grant incorporates by reference the following:
o Terms and Conditions,
o Work Statement,
o Budget,
o Resolution of the Recipient Governing Body,
o Resolution of the California Energy Commission, and
o Project Ma1UJgemenl Man&UJ1.
The Offia; of Management and Budget (OMB) Circulars checked below are
incorporated as part of this agreement:
X Common Rule for Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments (10
CFR Part 600, Subpart E)
Uniform Administrative Requirements for
Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other
Non-Profit Organizations
10 CF'R Part 600, Subpart B, Grants (Administrative rules for grants
and cooperative agreements and subawards to other than state local,
and Indian tribal governments)
OMB Circular A.lID:
FEBRUARY 1994
1
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.--"---- .. .-.- ..-.
GRANT # 626 - 93 - 003
INCORPORATED BY REFERENCE (CONTINUED)
'1
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OMB Circular A-87: Cost Principles for State and Local Governments
OMB Circular A.21: Cost Principles for Educational Institutions
OMB Circular A-I28: Audits of State and Local Governments
OMB Circular A-133: Audits of Institutions of Higher Education and
Other Non-Profit Organizations
OTHER:
NONE
3. OTHER cONDrnONS
All other conditions and requirements specified in the Project Ma1UJgement Manual, '1
and any federal, state, and local laws and regulations applicable to your project not
expressly listed in this attachment are incorporated herein as part of this agreement
4. DUE DILIGENCE
The recipient is required to take timely actions which, taken collectively, move this
project to completion. The Commission Project Manager will periodically evaluate
the schedule for completion of Work Statement tasks. If the Commission Project
Manager determines (1) the recipient is not being diligent in completing the tasks in
the Work Statement or (2) the time remaining in the funding award is insufficient to
complete all project work tasks not later than the project term date, the Project
Manager may recommend to the Commission that this agreement be terminated, and
the Commission may, without prejudice to any of its remedies, terminate this
agreement.
FEBRUARY 1994
2
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GRANT # 626 . 93 . 003
5.
FUNDING SOURCES. REOUlREMF.NTS AND RF.STRlCTIONS
It is understood and agreed upon by the parties to this agreement that:
a. Funding for this agreement is subject to the approval of the United States
Department of Energy and to any additional restrictions, limitations, or
conditions imposed by the United States Department of Energy, federal law,
federal court judgments, and/or federal agency orders which may affect the
provisions or terms of this agreement.
b. The Commission has the option to void the agreement under the 30-day
cancellation clause or to amend the agreement to reflect any reduction of
funds.
c. The funding source(s) and applicable restriction(s) checked below apply to
this grant:
EXXON sETJ1.EMENT
Grant funds may not be used to reimburse indirect charges I.
x
STlUPPER WELL s:ETn.:EM:ENT
Indirect charges 1 up to 5 percent are allowed if included in the
grant budget.
WARNER AMENDMENT
Grant funds may not be used to reimburse indirect charges I.
STATE :ENERGY CONSERVA110N PROGRAM (SECP)
Funding for this agreement is approved as part of the SECP
annual grant. This grant terminates on June 30 of each year
and must be extended annually.
Grant funds may be used only as approved in the California
SECP.
J Inditrcr c/uIIrP .,., rhO# inculNd {Ot' II common Ot' joiIIr purpo# bmeJittinr mew dum one IIcrivity.
Eumplu would be of1i<< IJHlce mtrll4 urllblishntDU tmd maillrm/lllce 0{ rhe granr program, tmd JftJlllrtuioll
IInd mainrmllllCe of poyroU IInd re/IJred wore records.
FEBRUARY 1994
3
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GRANT # 626 . 93 . 003
FUNDING SOURCES. REOUlREMENTS AND RESTRIcnONS (CONTINUED)
STATE ENERGY CONSERVATION PROGRAM (SECP) (CONTINUED)
'"'"
,
Any projects included in SECP must submit an annual energy
savings report as specified in the Project Management Manu4l.
6. 1:tP!:TR.TcnONS ON FUNDS. SUPPLANTING
Grant funds may not be used to supplant (i.e., take the place of) previously budgeted
funds for this project, whether recipient funds or funding from other grants. This
includes budgeting for staff, contractors, or supplies. Funds may be used to
supplement an existing budget.
7. PRODUCTS
Unless otherwise directed, two copies of all products identified in the Work
Statement shall be submitted to the Commission Project Manager. All products are
subject to the review and approval of the Commission Project Manager.
8.
OUARTERLY PROGRESS REPORTS
,
The grant recipient shall submit quarterly progress reports prepared in accordance
with the format specified in the Project ManageTMnt Manu4l. These reports shall
be sent to the Commission Project Manager and are due no later than five days
following the end of the calendar quarter.
Quarter Report Due
January. March April 5
April . June July 5
July. September October 5
October. December January 5
FEBRUARY 1994
4
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GRANT # 626 - 93 - 003
9.
GENERAl.. TERMS
a. The recipient, and the agents and employees of the recipient, in the
performance of this agreement, shall act in an independent capacity and not
as officers or employees or agents of the State of California.
b. Without the written consent of the Commission, this agreement is not
assignable or transferable by borrower either in whole or in part.
c. Time is of the essence in this agreement.
d. Any report, brochure, or product produced as a result of work funded by this
program shall not be represented to be endorsed by the Commission, and any
documents shall include the following statement:
LEGAL NonCE
This document was prepared as a result of work
sponsored by the California Energy Commission.
It does hot necessarily represent the views of the
Energy Commission, its employees, or the State
of California. The Commission, the State of
California, its employees, contractors, and
subcontractors make no warranty, express or
implied, and assume no legal liability for the
information in this document; nor does any party
represent that the use of this information will not
infringe upon privately owned rights.
e.
The Commission reserves the right to use and reproduce all reports and data
produced and delivered pursuant to this agreement, and reserves the right to
authorize others to use or reproduce such materials. Each report becomes the
property of the Commission.
10. AMF.NDMENTS
All amendments to this grant agreement must have prior written approval from the
Commission Project Manager and Grants and Loans Officer.
FEBRUARY 1994
5
7-/'
GRANT # 626 - 93 - 003
11. CONTRACTS OR SUBCONTRACTS
The recipient shall submit any proposed contracts or subcontracts, except its standard
employment contracts for personnel, and any substitution of contracts or subcontracts
to the Commission Project Manager for approval prior to the recipient entering into
same. The Commission Project Manager shall be notified before termination of any
contract or subcontract.
~
Each contract or subcontract will contain a provision that further assignments will not
be made to any third or subsequent tier contractor without the consent of the
Commission Project Manager. The Commission Project Manager may require a
contractor or subcontractor to demonstrate adequate staff resources.
All contracts and subcontracts over certain amounts must be bid competitively, and
sole source contracts over certain amounts are subject to other criteria. The relevant
amounts and criteria are specified in the OMB Circulars incorporated by reference
in this grant and checked in Section 2.
12. CONTRACTING AND PROCUREMENT PROCEDURES .
The recipient is required, where feasible, to employ contracting and procurement
practices that promote open competition for all goods and services needed to
complete this project. The Commission will defer to the recipient's own regulations ""'"
and procedures as long as they reflect applicable state and local laws and regulations
and are not in conflict with the minimum standards specified in the OMB Circulars
incorporated by reference in this grant and checked in Section 2.
13. PERMITS AND CLEARANCES
The recipient is responsible for ensuring all necessary permits and environmental
documents are prepared and clearances are obtained from the appropriate agencies.
FEBRUARY 1994
6
1
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GRANT # 626 . 93 . 003
14. TERMINATION
This project may be terminated for any reason set forth below.
a. Event of Breach
In the event of any breach by the recipient of the conditions set forth in this
agreement, the Commission may, without prejudice to any of its legal
remedies, terminate this agreement upon five (5) days written notice to the
recipient.
b.
State's Option
The Commission may, at its option, terminate this agreement in whole or in
part, upon giving thirty (30) days advance notice in writing to the recipient by
certified mail, return receipt requested. In such event, the recipient agrees to
use all reasonable efforts to mitigate the recipient's expenses and obligations
hereunder. Also in such event, the Commission shall pay the recipient for all
satisfactory services rendered and expenses incurred prior to such notice of
termination which could not by reasonable efforts of the recipient have been
avoided, but not in excess of agreement maximum payable.
15. TRAVEL AND PER DIEM
For purposes of payment, recipient's headquarten shall be considered the location
of the recipient's office where the employees assigned responsibilities for this award
are permanently assigned. Travel expenditures not listed in this agreement cannot
be reimbursed.
Travel shall require authorization from the Commission Project Manager. Recipient
shall be reimbursed for authorized travel and per diem on the same basis as
nonrepresented state employees.
Travel expense claims must be submitted on formally printed company letterhead and
recipient must sign and date the travel expense claim before submitting the travel
expense claim to the Commission for payment. Travel expense claims and supporting
receipts and expense documentation shall be attached to the recipient's Financial
Status Report. A vehicle license number is required when claiming mileage, parking,
or toll charges. Questions regarding allowable travel expenses or per diem should be
addressed to the Commission Project Manager.
FEBRUARY 1994
7
?"'~I
GRANT # 626 . 93 - 003
The rates listed below will be in effect for the term of this agreement, unless and
until the state's per diem reimbursement rates for nonrepresented employees are
revised.
""'\
I
a. For travel necessary to the performance of this agreement, recipient shall be
reimbursed as follows:
(1) Travel by common carrier, airline coach class or equivalent, in
accordance with receipts or vouchers verifying expenditure. Receipts
must be attached to recipient's travel expense claim.
(2) Travel by private or recipient-owned automobile at 24 cents per mile,
or up to 30 cents per mile if accompanied by a signed certification
stating, "For mileage reimbursement which exceeds the minimum rale,
I cenify that the actual cost of operating the vehicle was equal or
greater than the rate claimed." The recipient is responsible for
retaining sufficient documentation of expenses to support the rate
claimed. If, however, travel by common carrier is more economical
than by automobile, the rate for the common carrier will be
reimbursed
(3) Travel by private car to and from the common carrier will be '1
reimbursed at 24 cents per mile, or up to 30 cents per mile if cenified
as stated above.
(4) Travel by rental car, if less expensive than taxi service. Receipts must
be attached to recipient's travel expense claim. Note: insurance
coverage is not reimbursable. The following companies must be used
unless not available in the area in which you are traveling: Able Rent
A Car, Alamo Rent A car, Budget Rent A Car, Dollar Rent A Car,
Enterprise Rent A Car, National Rent A Car, or Thrifty Rent A Car.
(5) Parking fees, taxi fees, and public transit fees may be reimbursed,
without receipt, for any amount of $6.00 or less. Amounts over $6.00
must be validated with receipts for actual expenses.
b. Per diem rates apply to travel more than SO miles away from recipient's
headquarters. The date and time of departure and retum must be indicated
on recipient's travel expense claim in order to establish appropriate per diem
rates. Travel expense claims submitted for reimbursements of per diem
FEBRUARY 1994 """
8
-;. .J,,).
GRANT # 626 - 93 - 003
.
without date and time of depanure and return wilI be reduced by the amount
of per diem invoiced. Per diem is reimbursable as folIows:
(1) For a trip of less than 24 hours, recipient shalI be reimbursed for
actual costs up to the maximum allowance for breakfast, dinner, and
lodging according to the folIowing table if the recipient's travel time
meets the criteria outlined below. Lodging expenses over $25.00 must
be substantiated with a receipt.
Breakfast
Dinner
Lodging
Up to $ 5.50
Up to $17.00
Up to $79.00 plus tax
Breakfast may be claimed if the trip began one hour before recipient's
regularly scheduled workday. Dinner may be claimed if the trip ends
one hour after recipient's regularly scheduled workday. Note: Lunch
wilI not be reimbursed on a trip of less than 24 hours.
.
(2) For trips lasting 24 hours or more, recipient will be reimbursed actual
costs up to the maximum alIowance for meals, lodging, and incidentals
according to the following table for each complete 24-hour period,
beginning with the time of depanure. Lodging expenses over $25.00
must be substantiated with a receipt.
Breakfast
Lunch
Dinner
Incidentals
Lodging
Up to $ 5.s0
Up to $ 9.50
Up to 517.00
Up to $ 5.00
Up to 579.00 plus tax
For the last fractional pan of a travel period of more than 24 hours,
recipient will be reimbursed the authorized alIowance for meals
provided that the expense was incurred and the travel time meets the
following requirements:
Breakfast:
Lunch:
Dinner:
may be claimed if travel terminated at or after 9 a.m.
may be claimed if travel terminated at or after 2 p.m.
may be claimed if travel terminated at or after 7 p.m.
FEBRUARY 1994
.
9
''',.2J
GRANT # 626 - 93 - 003
16.
RlGHTS OF PARTIES
1
The Commission will claim no ownership in rights for inventions, data, or material
produced or composed in the performance of this grant, however:
o The Commission shall be granted a no-cost, nonexclusive, nontransferable,
irrevocable license to use or have practiced for or on behalf of the State of
California the subject invention(s) for governmental purposes. Grantor must
obtain agreements to effectuate this clause with all persons or entities
obtaining ownership interest in the patented subject inventions,
o The Commission shall be granted the use of the technical data first produced
or specifically used in the performance of this grant,
o The Commission shall be granted a royalty-free, nonexclusive, irrevocable,
nontransferable license to produce, translate, publish, use and dispose of, and
to authorize others to produce, translate, publish, use and dispose of all
copyrightable material first produced or composed in the performance of this
grant.
17.
PAYMENT OF FUNDS
1
The recipient shall request payment from the Commission as reimbursement. All
payment requests must be made in accordance with the requirements specified in the
Project MaMgement Manual.
Funds in this award have a limited period in which they must be expended. The
recipient must expend all funds prior to the approved project term end date.
18. FINAL ADMINISTRATIVE REPORT
A draft administrative report shall be submitted to the Commission Project Manager
no later than 60 days prior to the end of the project term and must be prepared in
accordance with the format specified in the Project MaMgement Manual. The draft
administrative report will be reviewed by the Commission Project Manager. The
recipient will incorporate comments and submit the final administrative report (the
original and two copies) to the Commission Project Manager prior to the end of the
project term.
FEBRUARY 1994
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GRANT # 626 . 93 . 003
19. AUDITS
The Commission or any other agency of the state or the federal government reserves
the right to make on-site inspections and audits of recipient's records during the term
of this agreement and for a period of three (3) years thereafter. Upon written
request from the Commission, the recipient shall provide detailed documentation of
all expenses at any time throughout the project.
20. INDF.MNTFICATION
The recipient agrees to indemnify, defend, and save harmless the state, its officers,
agents, and employees from any and all claims and losses accruing or resulting to
recipient and to any and all contractors, subcontractors, materialmen, laborers, and
any other person, firm, or corporation furnishing or supplying work, services,
materials, or supplies in connection with the performance of this agreement, and
from any and all c:1aims and losses accruing or resulting to any person, firm, or
corporation who may be injured or damaged by the recipient in the performance of
this agreement.
21. NONDISCRIMINATION. STATEMENT OF COMPLIANCE
a. . The recipient's signature and dating of this agreement shall constitute ~
certification under penalty of peIjury under the laws of the State of California
that the recipient has, unless specifically exempted, complied with Government
Code Section 12990 and California Code of Regulations, Title 2, Div. 4, Ch.
5 in matters relating to the development, implementation, and maintenance
of a nondiscrimination program. The recipient agrees not to unlawfully
discriminate against any employee or applicants for employment because of
race, religion, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex, or age (over forty).
b. During the performance of this agreement, the recipient and its contractors
and subcontractors shall not deny the agreement's benefits to any person on
the basis of religion, coll?r, ethnic group identification, sex, age, physical or
mental disability, nor shall they discriminate unlawfully against any employee
or applicant for employment because of race, religion, color, national origin,
ancestry, physical handicap, mental 4isability, medical condition, marital status,
age, or sex. The recipient shall ensure that the evaluation and treatment of
employees and applicants for employment are free of such discrimination.
FEBRUARY 1994
11
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GRANT # 626.93 - 003
NONDISCRIMINATION. STATEMENT OF COMPLIANCE (CONTINUED)
'i
c. The recipient shall comply with the provisions of the Fair Employment and
Housing Act (Government Code, Section 12900 et seq.), the regulations
promulgated thereunder (California Administrative Code, Title 2, Section
7285.0 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3,
Title 2,ofthe Government Code (Government Code, Sections 11135-11139.5),
and the regulations or standards adopted by the awarding state agency to
implement such article.
d. The recipient and its contractors and subcontractors shall give written notice
of their obligations under this clause to labor organizations with which they
have a collective bargaining or other agreement.
e. The recipient shall include the nondiscrimination and compliance provisions
of this clause in all contracts and subcontracts to perform work under this
agreement.
22. DRUG-FREE WORKPLACE CERTIFICATION
.
By signing this grant, the recipient hereby certifies under penalty of peJjury under the
laws of the State of California that the recipient will comply with the requirements "i
of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.)
and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for violations
as required by Government Code Section 8355(a).
b. Establish a Drug-Free Awareness Program as required by Government Code
Section 8355(b) to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace;
(2) The person's or organization's policy of maintaining a drug-free
workplace;
(3) Any available counseling, rehabilitation, and employee assistance
programs; and
FEBRUARY 1994
12
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GRANT # 626 - 93 - 003
DRUG-FREE WORKPLACE CERTIFlCATION (CONTINUED)
(4) Penalties that may be imposed upon employees for drug abuse
violations.
c. Provide, as required by Government Code Section 83SS(c), that every
employee who works on the proposed grant:
(1) Will receive a copy of the company's drug-free policy statement; and
(2) Will agree to abide by the terms of the company's statement as a
condition of employment on the grant.
Failure to comply with these requirements may result in suspension of payments
under the grant or termination of the grant or both, and the recipient may be
ineligible for award of any future state grants if the department determines that any
of the following has occurred: (1) the recipient has made false certification, or (2)
violates the certification by failing to carry out the requirements as noted above.
DISPtrTES
In the event of a dispute or grievance between recipient and the Commission, the
following two-step procedure shall be followed by both parties:
a. Commission Dispute Resolution
The recipient shall first discuss the problem informally with the Commission
Project Manager. If the problem cannot be resolved at this stage, the
recipient must direct the grievance together with any evidence, in writing, to
the Commission Grants and Loans Office. The grievance must state the issues
in the dispute, the legal authority or other basis for the recipient's position,
and the remedy sought. The Commission Grants and Loans Office and the
program Office Manager must make a determination on the problem within
ten (10) working days after receipt of the written communication from the
recipient. The Grants and Loans Office shall respond in writing to the
recipient, indicating a decision supported by reasons. Should the recipient
disagree with the Grants and Loans Office decision, recipient may appeal to
the second level.
FEBRUARY 1994
13
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GRANT # 626 - 93 - 003
DISPUTES (CONTINUED)
'1
The recipient must prepare a letter indicating -why the Grants and Loans
Office decision is unacceptable, attaching to it the recipient's original
statement of the dispute with supporting documents, along with a copy of the
Grants and Loans Office response. This letter shall be sent to the Executive
Director at the Commission within ten (10) working days from receipt of the
Grants and Loans Office decision. The Executive Director or designee shall
meet with the recipient to review the issues raised. A written decision signed
by the Executive Director or designee shall be returned to the recipient within
twenty (20) working days of receipt of the recipient's letter. The Executive
Director may exercise the option of presenting the decision to the Commission
at a business meeting. Should the recipient disagree with the Executive
Director's decision, the recipient may appeal to the Commission at a regularly
scheduled business meeting. Recipient will be provided with the current
procedures for placing the appeal on a Commission business meeting agenda.
b. Binding Arbitration
At the option of the parties, binding arbitration of a dispute or grievance may
be sought. Each party shall provide written notice to the other of an intention
to exercise this provision. Both parties must agree to submit to arbitration.
The dispute or grievance shall be resolved by a panel of three (3) experts in ,""'
the particular field of dispute. Each party shall have the right to select one 1
(1) panelist. If a party does not exercise that right within ten (10) working
days after written agreement to submit to arbitration, the other party may
select one (1) additional panelist. The selected panel will then select a third
member.
The panel shall set a hearing date, time, and place convenient to the parties
within thirty (30) working days of panel selection. Each party shall submit a
written statement to the panel and the opposing party which presents the
issues and arguments to be presented five (5) working days before the hearing
date. The hearing shall be informal with an opportunity for both parties to
present their arguments. A court reporter may be present at the expense of
the requesting party. The panel shall provide the parties with a written
decision within thirty (30) working days of the hearing. This decision shall be
binding on the parties.
The costs of the arbitration panel shall be borne equally by the parties. At
the option of the parties, these costs may be deducted from any balance of
FEBRUARY 1994
14
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GRANT # 626.93.003
DISPUTES (CON11NUED)
contingent award funds. Both parties must agree, in writing, to utilize
contingent award funds to reimburse the arbitration panel.
24. WORKERS' COMPENSAnON INSURANCE
25.
.
Recipient hereby warrants that it carries Worker's Compensation Insurance for all
of its employees who will be engaged in the performance of this agreement, and
agrees to furnish to the Commission satisfactory evidence of this insurance at any
time the Commission may request. Recipient hereby warrants it is either permissively
self.insured or that it has coverage for the purposes of Worker's Compensation
Insurance for all of its employees, and those of its subsidiaries, who shall be engaged
in the performance of this agreement and agrees to furnish to the Commission
satisfactory evidence of this insurance at any time the Commission may request.
STATEMENT OF ECONOMIC INTERESTS
Recipient shall submit to the state a completed Fair Political Practices Commission .
Form 730, "Statement of Economic Interests" for each consultant directed by the
Commission to file a statement.
26.
POLmCAL A.M1VITY LJMlTAnONS (~ATCH ACT)
a. Except for an officer or employee of an educational institution or system, as
defined in 5 U.S.C Section 1501 (4) (B), an employee or officer of a state or
local governmental agency or subdivision, as defined in 5 U.S.C Section 1501,
which receives loans or grants funded by the United States or a federal
agency, or which receives United States or federal agency funds as payment
under a contract, may not:
(1) Use or attempt to use his or her official authority or position to
interfere with or affect the result of an election or nomination for
office;
FEBRUARY 1994
15
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GRANT # 626 - 93 - 003
POLmCAL ACTIVITY LIMITATIONS (HATCH ACT) (CONTINUED)
"'"
(2) Cause or attempt to cause a state or local employee or officer to
provide or contribute anything of value to any person or organization
for policitcal purposes; or
(3) Be a candidate for elective office except in a non-panisan election as
defined in 5 U.S.c. Section 1503.
b. Subsection (a)(3) of this section does not apply to:
(1) The Governor or Lieutenant Governor of a State or a person
authorized by law to act as Governor;
(2) A duly elected head of an executive depanment of a state or
municipality who is not classified under a state or municipal merit or
civil-service system; or
(3) An individual holding elective office.
1
FEBRUARY 1994
16
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Work Statement
Grantee: City of Chula Vista (Alternative Fueled Vehicle Retrofit Project)
This project shall be conducted in accordance with the Grantee's Stripper Well grant application
as approved by the Department of Energy and this grant agreement. The Grantee's Stripper Well
application (Plan No. 23) attached is incorporated as part of this agreement. If a conflict or
inconsistency exists between the terms of this grant agreement (and its incorporated documents)
and the Grantee's application. the grant agreement shall be considered controlling.
Specific tasks. products and due dates are as follows:
TASK 1:
Establish a separate ledger account for the receipt and disbursement of
Commission funds and provide wrinen documentation to that effect. Work can
not begin until the written documentation specified above is submitted to the
Commission.
Product Description: Ledger Account Documentation
Product Due Date: May 31. 1994
TASK 2:
Submit specifications and contract/order to convert/retrofit an existing van as an
electric shuttle.
2.1 The grantee will submit to the Commission Project Manager the specifications for the
shuttle.
Product Description: Detailed Shuttle Specifications
Product Due Date: June 30. 1994
2.2
The grantee will submit a copy of the executed contract with the contractor to
convert/retrofit an existing van to an electric shuttle. The copy of the contract will show
equipment necessary for the proper operation of the shunles per bid specification. See
sample list below.
Electric Shuttles (without baneries)
Banery Packs
Chafging Station/Equipment
KWH/mile Performance Instrumentation
Power Consumption Instrumentation
Banery "State of Charge" Monitoring Instrumentation
Motor
Speed Controller
Air Conditioning and Heaters
*)-31
Task 2.2 shuttle components list continued:
Wheelchair Iift/tiedowns/flip seats
Warranty
'i
Product Description: Copy of executed contract
Product Due Date: September 1. 1994
TASK 3:
Submit written justification to the Commission Project Manager for the selection
of the vendor retrofitting/converting the van. The justification should explain:
.
.
.
the selection process
the selection criteria
reason why a particular vendor was selected
Product Description: Vendor Selection Justification
Product Due Date: September 1. 1994
TASK 4:
Submit planned retrofit schedule. delivery and shuttle operation
dates to the Commission Project Manager.
Product Description: Retrofitting. Shuttle Delivery and Initial
Operation Milestones
Product Due Date: July 15. 1994
'"'"
TASK 5:
Place Van/Shuttle in Service
5.1 The grantee will promote the introduction of the retrofitted shuttle. The grantee will
prepare and release promotional material via media and notices. 30 days before the
van/shuttle is placed in service and continue such promotion for 30 days after the shuttle
is placed in service. to stimulate greater community interest and increase ridership of the
telecenter van; acquaint interested parties with the benefits of alternative fueled vehicles
and their relation to improved air quality and petroleum fuel displacement; to influence
the reliance of local residents on petroleum fueled vehicles as a primary form of
transportation for work destinations.
5.2 The grantee will take delivery of. and place the retrofitted shuttle in service no later than
November 30.1994.
TASK 6:
Prepare and submit summary plan for gathering data from shuttle operation.
6.1 The grantee will submit a summary plan for gathering data from the operation ,of the
shuttle. The plan should outline data collection regimes for the following:
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Task 6.1 continued:
Evaluation Issues: van kilowatt-hour (kWh)/mile usage. cost of kwhs consumed. annual VMT
traveled. annual van ridership, rider use and acceptance of electric vehicle from a mass transit
perspective, van operator evaluation of vehicle responsiveness and ease of operation. reponing of
unanticipated experiences relating to the operation of an EV shuttle;
Orivinl! Profile Issues: driving profile data to include - driving distance between stops. driving
time between stops, number of stops in a 24-hour period. total daily mileage. total daily drive
time, time of day of trips. miles per kWh performance. vehicle speed profile. accessory (I.e.. air
conditioning. lifts for handicapped riders), power usage pattern. traffic conditions encountered
on trip. road conditions encountered on trip, road types encountered on trip. vehicle promotional
activities to increase shuttle use by public:
Vehicle Maintenance Issues: equipment maintenance information including but not limited to
maintenance frequency, maintenance costs, types and number of breakdowns. associated repair
costs. battery state of charge. frequency of battery replacement;
Vehicle Recharf!e Issues: frequency and speed of charging. number of recharge events per day.
total recharge time in a 24 hour period at 110 volts (if applicable). total recharge time in a 24
hour period at 220 volts (if applicable) time of day of recharging (stan and completion time).
driving distance between recharge events;
Vehicle Performance Issues: kWh instrumentation performance. vehicle mechanical
performance (suspension system. braking effectiveness), vehicle range performance as a function
of charge. seasonal (winter/Summer) effects on vehicle range. desirability for longer range.
Product Description:
Product Due Date:
Van/Shuttle Operation Data Acquisition Plan
No later than November 15. 1994 or one week
before van is placed in service. whichever occurs
first.
6.2 The grantee will collect data from the operation of the van/shuttle. Data collected should
cover the areas in the summary plan prepared in Task 6.1.
TASK 7:
Develop EV Retrofit Rebate Plan and submit copy to Commission Project
Manager.
Product Description: Copy of EV Retrofit Rebate Plan
Product Due Date: No later than September 1. 1994.
?, .3;1
TASK 8:
Issue Rebates
8.1
The grantee will promote the availability of rebates. The gra,ntee will prepare and release
promotional material via media and notices, for the duration of the rebate program to
stimulate community interest and participation in the program; acquaint interested parties
with the benefits of alternative fueled vehicles and their relation to improved air quality
and petroleum fuel displacement; to influence the reliance of local residents on petroleum
fueled vehicles as a primary form of transportation for work destinations.
'1
Milestone: 75% of targeted participants aware of rebate program by December 31. 1994
8.2 The grantee will issue rebates to qualified program participants from October I, 1994
through October I, 1995.
TASK 9:
Prepare and submit Quarterly Progress Reports
A. The grantee shall prepare quarterly progress reports to discuss all work performed under
Work Statement Tasks 1 through 9 and include but not be limited to the following:
1) A summary of the status of all progress during the preceding calendar quarter. This
summary shall discuss:
.
the accomplishments, including the results or conclusions reached regarding the technical
and economic feasibility of projects and their future impacts on expanding the use of
electric vehicle shuttles.
1
. the current status of each project activity including any schedule changes different from
the annual plan, problems, their causes, effect on the project and the proposed solutions,
and the likelihood of project implementation;
. any unresolved issues or items that require action by the Commission, DOE and/or the
grantee; and,
. the work planned for the next quarter.
Product Description: Quarterly Report
Product Due Dates: As specified in the Terms and Conditions
TASK 10:
Prepare and submit Annual Energy Savings Report
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. Budget
mM COST CEC GRANT
COMPONENT
Contractual $10.000 $10,000
EV/CNG Retrofit Rebates 40.000 40,000
Program Administration* 5,000 5.000
TOTAL $55.000 $55.000**
* (Combined personnel and travel expenditures for one Environmental Resource Manager and
other staff essential to project implementation not to exceed a labor rate of $26.00/hr, in-state
or project-related travel to U.S. destinations at standard travel rates allowed in the Project
Management Manual and project-related meeting and workshop participation fees. approved
by the Commission Project Manager.)
.
**The full cost of the van/shuttle retrofit and alternative fuel rebate program is 555,000. The
remainder of the price including personnel and other operations costs will be funded by other
sources: (local and private).
.
7.-;1.$
STATE
OF
CALIFORNIA
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STRIPPER WELL
EXPENDITURE
PLAN NO. 23
'1
THE CITY OF CHUlA VISTA
ALTERNATIVE FUELED VEillCLE RETROFIT PROGRAM
FEBRUARY 1994
'1
PETE WILSON, GOVERNOR
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STATE OF CALIFORNIA
STRIPPER WELL EXPENDITURE PLAN NO. 23
THE CITY OF CHULA VISTA
ALTERNATIVE FUELED VEHICLE RETROFITPROGRAH
A. PROGRAH OVERVIEW
The City of Chula Vista proposes to use $55,000 in Stripper Well funds to
implement the City of Chula Vista Alternative Fueled Vehicie Retrofit Program.
The goals of this program are to save energy and reduce vehicle emissions
through the displacement of petroleum based fuel by encouraging the use of
electric and compressed natural gas (CNG) vehicles in mature Chula Vista
markets.
These goals will be attained by performing the following actions:
1. The Ci ty of Chul a Vi sta wi 11 retrofit an exi st i ng internal combust i on
engine (ICE) van to electric or CNG power to provide a transportation
service for the Chula Vista Telecenter. The telecenter, a collaborative
effort sponsored by the University of California, Davis and the Cal,fornia
Department of Transportation (Caltrans), is one of ten sites selected by
Caltrans to implement a telecenter. A centralized work site for employees
from a variety of businesses, the telecenter will be located no more than
5 miles from the homes of employees who ordinarily commute over 15 miles
to their regular place of work. The telecenter will operate a retrofit
van to shuttle patrons to and from the center.
2. The City of Chula Vista will provide $40,000 in rebates to businesses that
retrofit existing ICE trans;t and retail security vehicles to electric or
CNG power.
B. ENERGY SAVINGS
The successful implementation of the Chula Vista Alternative Fueled Vehicle
Retrofit Program will result in significant energy savings by the Chula Vista
transportation sector. When fully operational, the telecenter element of this
program is expected to displace 100 ICE single occupancy vehicles from Chula
Vi sta roads. The displacement of these vehicles wi 11 reduce petrol eurn
consumption, resulting in an annual energy savings of 2.5 billion Btu. The
rebate element of this program is expected to displace 20 ICE vehicles, reducing
petroleum consumption and resulting in an annual energy savings of 893 million
Btu. The combined energy savings from both elements of this program will be 3.4
billion Btu annually, or nearly 24 billion Btu over the anticipated seven year
life of the program.
?~ :J 7
In addition to the projected energy savings discussed above. implementation of
the Chula Vista Altern<tive Fueled Vehicle Retrofit Program will contribute to ~
local air quality because of net lower vehicle emissions.
C. PROGRAM FUNDS AND MILESTONES
The program budget is S55,OOO in Stripper Well funds. Project milestones are
as follows:
1. Execute grant between the California Energy Commission and the City of
Chula Vista (March 1994).
2. The City of Chula Vista will select van retrofit contractor and execute
contract (May-July 1994).
3. The City of Chula Vista will develop specifications of the rebate progra~
(June 1994).
4. The City of Chu1a Vista will publicize the rebate program (June-December
1994).
5. The City of Chula Vista will process rebate applications and issue rebates
(June 199~-Ju1y 1995).
6. The City of Chu1a Vista will take delivery of retrofit van and activate
the telecenter shuttle (November 1994). ~
7. The City of Chu1a Vista will prepare program evaluation (August 1995).
D. RESTITUTION/TARGETED POPULATION
California has received in excess of S375 million in PVE funds. These funds
allow California to finance a variety of programs which provide restitution and
energy conservation benefits to its citizens. California has developed a well
balanced and multi-faceted PVE program which benefits each of its economic
sectors. Expenditure of Stripper Well funds for the City of Chula Vista
Alternative Fueled Vehicle Retrofit Program will not only benefit those citizens
of the City of Chu1a Vista, but also the citizens of surrounding areas who use
the roadways. This project will also produce air quality improvements that will
benefit citizens who live and work in the area.
E. PROGRAM AUTHORIZATION
This project was approved by the Legislature and Governor of the State of
California in Senate 8il1 314, Chapter 1159, Statutes of 1993, and is in
compliance with the Stripper Well Settlement Agreement, Case M.D.L. No. 378,
Section II.8.3.f.
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F. COGNIZANT AGENCY/CONTACT PERSON
The cognizant agency for this program is the California Energy Commission. The
administrative contact is Susan Aronhalt, Administrative Services Division,
(916) 654-4204. The technical contact is McKinley Addy, Energy Technology
Development Division, (916) 657-0833.
G. CERTIFICATION
In preparing the State of California's Stripper Well Expenditure Plan No. 23,
the state has complied with all the terms and conditions set forth in the
Stripper Well Settlement Agreer...ent, Case MnO, 378. /-j
Date: :2- - 0. q L., ~TATE ~ERGY ~~ouRtts CoN'SERVATION
/ ANB'DEVELOPM~MMI.sSION
( Ie .c.~ -.
IMBRECHT, Chairman
? --:J 9
RESOLUTIO:\ 1"0' 9.1-0105-01
........
ST ATE OF CALIFORNIA
STATE ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
RESOLUTION
\\"HEREAS SB 314 (Ch. 1159. Stats. 1993) included apjJropriations j:om the
P=:roie~m Violatation Escrow Account to the California Energy Commissior. jor twent~-two
(::) kgislatively mandated projects (described on the attached list); and
WHEREAS. the Commission intends that these legislatively mandated grants jor the
tiscal year are approved and executed on a timely basis;
........
THEREFORE BE IT RESOLVED, that the grants identitied on the at:ached list be
subject to the following procedures:
I The Executive Director shall conduct a technical and economic analysis jor e:lch grant
to er.sure that the grant is a reasonably appropriate use of public funds relative to
CommIssion experience with comparable projects and shall advise the appropriate poiic~
committeelS) oj the conclusions oj this review prior to execution oj the grant: and
Ii this revle'''' identities advisable improvements to the gr:mt. the Exe:utive Dire::or
shall advise the appropriate policy committee(s), and the committee(s) will dedde whether to
approve the grant. If the policy committee decides not to approve the grant. the Executive
Director. shall communicate this conclusion to the grantee and the sponsoring member. The
policy committee may bring the grant before the full commission jor approval.
~
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?-'ftJ
_ . 3 On completion of this process. the Executive Director shall execute e:!ch grar.:
a?proved pursuant to this resolution.
._ _ .. The Executive Director shall ensure that any.substantive revisions to a grant a~e
. a?proved b~ the Budget and Management Committee" _
.
.-
5 Any amendment, including time-extensions and modifications in the grant ter!:'lS and
conditions. snall be reviewed and approved by the commission project manager, provided
that the amendment does not constitute a substantive change in the grant.
DATED
Januarv 5. 1994
az~
CHARLES R. I~rBRECHT
Chairman
ENERGY RESOURCES
CONSERVATION AND
DEVELOPMEl'.'T COM}'IISSIO!\
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7.1/5'
RESOLUTION NO. 17438
.......
-=?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY MANAGER TO PREPARE ~LL
NECESSARY DOCUMENTS FOR COUNCIL APPROVAL OF A
GRANT AGREEMENT WITH THE CALIFORNIA ENERGY
COMMISSION TO IMPLEMENT AN ALTERNATIVE FUEL
RETROFIT PROGRAM FOR $55.000 AND AN ALUMINUM AIR
BATTERY RESEARCH AND OEVELOPMENT PROJECT FOR
.50.000
WHEREAS. as part of tha'City'. overall effort toward development of a comprehensive
energy conservation and air Quality improvement program. and consistent with the City's
Environmental Agenda. the City applied for grant funding from the State of California'. Energy
Conservation Program; and,
WHEREAS. as a result. the City received a total of $ 105.000 to implement two energy
conservation and transportation reduction program; and.
WHEREAS. in order to proceed with a contract. the California Energy Commission
requires a resolution which authorizes staff to proceed with contract negotiations. in
accordance with the Energy Commission's grant application guidelines.
NOW. THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista doe""""
hereby authorize the City Manager to prepare all necessary documents for subsequent Council
approval and Mayoral execution of a grant agreement with the California Energy Commission
to implement an alternative fuel retrofit program for $55.000 and an Aluminum Air battery
research and development project for $50.000.
Presented by
Bruce M. Booga r
City Attorney
~e-L~
Barbara Bamberger
Environmental Resource Manager
~
*)-#"
Resolution No. 17438
Page 2
PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista,
.ornia. this 5th day of April, 1994, by the following vote:
~.
YES: Councilmembers: Fox, Horton, Moore. Rindone, Nader
)
NOES:
ABSENT:
Councilmembers: None
Councilmembers: None
'.
ABSTAIN: Councilmembers: None
~M~
Tim Nader, Mayor
ATTEST:
~
'I
everly PI.. Authelet, City Clerk
)
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO I IS.
CITY OF CHULA VISTA I
t, Beverly A. Authelet, City Clerk of the City of Chula Vista, California. do hereby certify that
the foregoing Resolution No. 17438 was duly passed, approved, and adopted by the City
Council at e regular meeting of the Chula Vistl City Council held on the 5th day of April,
1994.
Executed this 5th day of April, 1994.
aeverly A. Authelet, City Clerk
'--'17
.
.
.
.
RESOLUTION NO. J ?J,/,j,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXECUTING AN AGREEMENT WITH THE
CALIFORNIA ENERGY COMMISSION TO PROVIDE
$55,000 IN GRANT FUNDING AND APPROPRIATING
THOSE FUNDS TO THE ENERGY CONSERVATION FUND
AND APPROVING BUDGET FOR SAME
WHEREAS, on November 5, 1993, the Mayor and council
accepted $55,000 in grant funding from the California Energy
Commission; and
WHEREAS, these funds were designated to implement an
Alternative Fuel Retrofit Program which will be part of the City'S
overall effort toward development of a comprehensive energy
conservation and air quality improvement program and is consistent
with the City'S environmental agenda set by Council in 1992; and
WHEREAS, in conjunction with the city's ongoing market
development efforts, staff proposes an appropriation of $55,000 in
Energy conservation Funds to implement an electric vehicle retrofit
rebate program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
Ci ty of Chula Vista does hereby approve an agreement with the
California Energy Commission to provide $55,000 in grant funding,
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 is hereby
authorized and directed to execute said Agreement for and on behalf
of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $55,000 in funding from the State of California Energy
Commission and appropriates funds to the Energy Conservation Fund
Account #280-2810, in accordance with Table 1.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
Bruce M. Boogaard, City
Attorney
7/1'/
TABLE 1 - Energy Con.ervation Budget
Account I 280-2810
"'"\
Energy Conservation Fund - ~ternative rue1s
Retrofit Program
Account '280-2810 - $55,000
OBJECT ACCOON'r ITEM AMOON'r
5201 Other Contractual $5,000.00
Service
5398 EV/CNG Retrofit Rebates $40,000.00
5565 Purchase of Electric $10,000.00
Shuttle
TOTAL $55,000.00
~
~
?A ....J..
.
.
.
RESOLUTION NO. J7/.,/'?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT FOR $10,000 WITH ELEKTRUK
TO PURCHASE AN ELECTRIC RETROFITTED VAN FOR
CHULA VISTA'S TELECENTER
WHEREAS, the first phase of the project will consist of
converting/retrofiting an existing van to an electric shuttle that
will be used to transport telecommuting participants to and from
Chula vista's Neighborhood Telecenters; and
WHEREAS, the shuttle will be developed by a local
company, ElekTruk and will employ several innovative features in
its design, including an "opportunity-charging" system that will
reduce charging time and increase vehicle range significantly; and
WHEREAS, when fully operational, the telecenter element
of this program is expected to daily displace 88 single occupancy
vehicles per week from Chula vista roads and provide air quality
improvements and decreased transportation energy use.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the City Manager to
execute a contract for $10,000 in a form approved by the city
Attorney with ElekTruk to purchase an electric retrofitted van for
Chula vista's Telecenter.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
Bruce M. Boogaard, City
Attorney
.
,/p./
.
.
.
RESOLUTION NO. I'?~/' r"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ~AGER TO
SOLICIT RESPONSES FOR A REQUEST FOR PROPOSAL
(RFP) FOR $5,000 IN CONSULTING SERVICE TO
DEVELOP AND PROMOTE AN ALTERNATIVE FUELS
RETROFIT REBATE PROGRAM
WHEREAS, consulting services to promote and develop the
retrofit rebate program will be selected through the RFP process;
and
WHEREAS, the RFP process will consist of competitive bids
with the most qualified applicant selected; and
WHEREAS, the selected consultant will develop and
distribute promotional material regarding the availability of
rebates and shall also develop a public outreach campaign to local
businesses through announcements and notices for the duration of
the rebate program; and
WHEREAS, secondly, the consultant will be required to
acquaint interested parties with the benefits of alternative fueled
vehicles and their relationship to improved air quality and reduced
reliance on petroleum powered vehicles; and
WHEREAS, finally, the consultant will attempt to
influence a reduction of the reliance of local residents on
petroleum powered vehicles as a primary form of transportation for
work destinations.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby authorize the City Manager to
solicit responses for a Request for Proposal (RFP) for $5,000 in
consulting service to develop and promote an Alternative Fuels
Retrofit Rebate Program.
Presented by
Approved as to form by
Barbara Bamberger, Environmental
Resource Manager
Bruce M. Boogaard, city
Attorney
C:\ro\CEC.l
7C-/
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 10/04194
TITLE:
Resolution 176 7~pprOVing Memorandum of Understanding
concerning wages and other terms and conditions of employment
with the Chula Vista Police Officers Association, for FY 1994/95
'<'
SUBMITTED BY: Assistant Director of pe~ronnel /fJI(
REVIEWED BY: City ManagerJ~ ~~ (4/5ths Vote: Yes_ Noll)
Negotiating teams representing the City and Chula Vista Police Officer's Association
(POA) have reached agreement on a Memorandum of Understanding (MOU) covering
FY 1994/95. The proposed MOU was ratified by POA's membership on September 8th.
The major additions and changes to the terms and conditions of the proposed MOU are
summarized in this report.
RECOMMENDATION:
That Council adopt the resolution approving the FY 1994/95
Memorandum of Understanding.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
DISCUSSION:
The one-year (FY 1994/95) MOU with the Police Officer's Association includes the
following major changes from the FY 1993/94 MOU'
1 WAGES
Effective September 2, 1994 the City will pay 2% of the employee's portion of
the Public Employees Retirement System (PERS) contribution.
2. HEALTH AND WELFARE
Commencing January 1, 1995, the City will contribute the following maximum
monthly amounts for health insurance premiums for employees and their
qualified dependents:
Employee Only
Employee + One Dependent
Employee + Family
$15486
$305.46
$432.26
Z'''/
Page 2, Item r
Meeting Date 9/6/94
The City and POA have agreed to split the benefit of the Kaiser Health Insurance
premium reduction (effective January 1, 1995) on a SO/50 basis. The Kaiser
Health Plan has traditionally been used as the benchmark plan for determining
the City's contribution to the POA employees' health insurance premiums. The
above monthly maximum contributions represent $2.12, $4.25, $6.11, reductions
from the calendar 1994 contributions, respectively
3. CALLBACK
Callback pay will increase from the current $20 (twenty) per incident to $30
(thirty) per incident.
4 OVERTIME
A committee consisting of Police Department management and POA members
will be formed to study the use of overtime in the department and develop
recommendations as to how overtime can be managed more effectively
5 EDUCATION/P.O.S.T. INCENTIVE PAY
Clarifying language has been added specifying that degree programs and
individual courses taken must be reasonably related to the employee's present
position or be beneficial to their professional development or must enhance their
career advancement potential within the City of Chula Vista Police Department.
6. WORK PERIOD/PAY PERIODIWORK SCHEDULES
Language has been added which specifies the conditions under which the City
has the right to "flex" schedules.
7 SICK LEAVE
City and POA agree to meet and confer on a City Sick Leave Abuse Policy to
be proposed at a later date.
8. MISCELLANEOUS
The proposed MOU incorporates numerous wording updates to reflect current
practices.
H''' .2..
Page 3, Item ~
Meeting Date 9/6/94
FISCAL IMPACT: The cost of this Memorandum of Understanding is within the
guidelines established by Council. The actual appropriating resolution for FY 1994/95
will be forwarded to the City Council when negotiations with other employee groups are
completed.
NOTE. The proposed MOU is on file with the City Clerk's office and is available for
public review
(a:moua113)
i";C
RESOLUTION NO.
I?" 75'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT WITH THE CHULA
VISTA POLICE OFFICER'S ASSOCIATION FOR FY
1994/95
WHEREAS, the Management Negotiation Team representing the
city Manager of the City of Chula Vista, acting for and on behalf
of the City Council of the City of Chula Vista, have heretofore met
and conferred with the Chula vista Police Officer's Association
(POA) , an organization representing sworn members of the Chula
vista Police Department from Peace Officer up through the rank of
Police Lieutenant, in accordance with the provisions of section
3500 et seq. of the Government Code of the State of California; and
WHEREAS, the Memorandum of Understanding jointly prepared
by said parties as a result of meeting and conferring in good faith
has been presented to the City Council and is on file in the office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the Memorandum of
Understanding concerning Wages and Other Terms and Conditions of
Employment with the Chula vista Police Officer's Association for FY
1994/95, a copy of which is on file in the of . e of the City
Clerk.
Melody Kessler, Assistant
Director of Personnel
I
~ruce M.
Attorney
Presented by
c: \rs\POA.MOU
a"'/
COUNCIL AGENDA STATEMENT
ITEM 1
MEETING DATE ~'27/liJ4
ITEM TITLE:
Resolution 17/, 70 accepting Federal Department of
Education, Library Services and Construction Act Title VI
Library Literacy Pro~ram grant funds awarded to the
Chula Vista Literacy Team, appropriating funds, and
amending the FY 1994-95 budget to include .83 FTE
positions.
Library Director ~
City Manager~~fb
SUBMITTED BY:
REVIEWED BY:
(4/5ths Vote: YES X NO )
- -
The Chula Vista Public Library has been awarded $34,720 in grant funds for
the Federal fiscal year 1994-95, under Title VI of the Library Services and
Construction Act, Library Literacy Program. These grant funds cannot be used
to supplant the current tutor reading program.
RECOMMENDATION: That Council adopt the resolution accepting Federal
Department of Education, Library Services and Construction Act Title VI
Library Literacy Program grant funds awarded to the Chula Vista Literacy
Team, appropriating funds, and amending the FY 1994-95 budget to include
.83 FTE positions.
BOARD/COMMISSION RECOMMENDATION: On December 8, 1993 the
Library Board of Trustees voted to support this Title VI grant application.
(ATTACHMENT A.)
DISCUSSION:
On December 14, 1993, the City Council ratified the report on the Library's
application for LSCA Title VI grant funds. The funds will be used to develop
and implement a model program to identify and aid adult learners with
dyslexia. The program will involve training for 60 volunteer tutors in the use
of instructional materials and techniques specially designed for this
population, as well as extensive follow-up support. All participants will be
pre- and post-tested to determine the model's efficacy. A .70 FTE Instructor
will be hired as well as a .13 FTE clerical aid. Additional funds will be used to
develop training and promotional materials.
FISCAL IMPACT: These funds cannot be used to supplant the existing tutor
reading program, however $3,690 (FY '94-95) and $1,230 (FY '95-96) in salaries
and benefits budgeted in this Title VI grant are available to offset general
funds for the Chula Vista Literacy Team Coordinator. Funds will be
appropriated into account 260-2617. (See Attachment B.)
?-j
10/4-/Q'f
.~
\
,-
.p:
0'
RESOLUTION NO.
17/'7~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FEDERAL DEPARTMENT OF
EDUCATION, LIBRARY SERVICES AND CONSTRUCTION
ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT
FUNDS AWARDED TO THE CHULA VISTA LITERACY
TEAM, APPROPRIATING FUNDS, AND AMENDING THE FY
1994-95 BUDGET TO INCLUDE A .83 FTE POSITIONS
WHEREAS, the Chula vista Public Library has been awarded
$34,720 in grant funds for the Federal fiscal year 1994-95, under
Title VI of the Library Services and Construction Act, Library
Literacy Program to develop and implement a model program to
identify and aid adult learners with dyslexia; and
WHEREAS, these grant funds cannot be used to supplant the
current tutor reading program; and
WHEREAS, on December 8, 1993, the Library Board of
Trustees voted to support the Title VI grant application.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula Vista does hereby accept the Federal Department
of Education, Library Services and Construction Act, Title VI
Librarv Literacv Proqram grant funds awarded to the Chula vista
Literacy Team.
BE IT FURTHER RESOLVED that the amount of $34,720 is
hereby appropriated from the California Library Services Act Fund
into Fund 260-2617 and the FY 1994-95 budget is amended to include
a .83 FTE position, as set forth in Attachment B, attached hereto
and incorporated herein by reference as if set forth in full.
Presented by
Approved as to form by
Bruce M. Boogaard, city
Attorney
David Palmer, Library Director
c: \rs\ TitleVI
9, .;..
ATTACHMENT A
LIBRARY BOARD OF TRUSTEES
- 3 -
DECEMBER 8, 1993
5. Name
Director Palmer reported that his goal of getting
this issue resolved by Christmas would not be met.
He asked that the Trustees be prepared to attend
the Council meeting when this item is presented to
support their recommendations. Chair Viesca and
Vice Chair Donovan asked to be notified when this
item is scheduled to go before Council.
III. NEW BUSINESS
A. Literacy Team application for Federal Department of
Education, Library Services and Construction Act grant
funds to develop and implement a model program to aid
adult learners with dyslexia
B. Literacy Team application for Federal Department of
Education, Library Services ,and Construction Act grant
funds to continue a model writing program for adult
learners
The Literacy Team has applied for two grants. One
application would set up a new program to work with adult
learners with dyslexia. This is a new program based on
the Literacy Coordinator's work with the Wilson Program.
The Coordinator has estimated that well over half of the
learners are dyslexic.
The other grant would continue the model writing
now in place at the literacy team. The
department of education will allow the Literacy
apply for two grants.
program
federal
Team to
MSC (Alexander\Donovan) the Library Board supports both
literacy team applications for federal grant monies.
These programs not only provide a wonderful service to
the community, but also pay back the general fund.
IV. LIBRARY DIRECTOR'S REPORT
A. Holiday Schedule
Director Palmer reported that the Chu1a vista Public
libraries will be closed on Friday, December 24th, an9
. ...... ~
December 31st, as well as Chrlstmas and New Year's Day.
~
9--3
ATTACHMENT B
LSCA TITLE VI BUDGET
FEDERAL FISCAL YEAR 1994-95
October 1, 1994 - September 30, 1995
BUDGET ACCOUNT 260-2617
FY 95-96
5101 Salaries (reimburse general fund) $3,755.
.10 FfE Literacy Coordinator $2,816. $939.
5105 Hourly Wages $20,945.
.70 FIE Instructor $18,750.
.13 FIE Clerical Aid $2,195.
5141 Retirement $1,747.
.10 FIE Literacy Coordinator (reimburse general fund) $424. $141.
.70 FTE Writing Instructor (6.3%) $1,182.
5142 Employee Benefit Plan $600.
.10 FIE Literacy Coordinator (reimburse general fund) $450. $150.
5143 Medicare (1.45%) $310.
.13 FIE Clerical Aid $35.
.70 FIE Instructor $275.
5145 PARS (3.75%) $83.
.13 FIE Clerical Aid
5201 Professional Services $5,500.
(Development of training and promotional materials)
5301 Supplies $1000.
5321 Instructional Resources $780.
TOTAL:
$34,720.
9-1
COUNCIL AGENDA STATEMENT
ITEM I P
MEETING DATE !l/29'/34
10/"1- hi-
REVIEWED BY:
Resolution ) 7' 71 accepting Federal Department of
Education, Library Services and Construction Act Title VI
Library Literacy Program grant funds awarded to the
Chula Vista Literacy Team, appropriating funds, and
amending the FY 1994-95 budget to include .48 FTE
positions.
Library Directo~
City Manager ~.rJ1. (4/5ths Vote: YES .lL- NO->
ITEM TITLE:
SUBMITTED BY:
The Chula Vista Public Library has been awarded $34,986 in grant funds for
the Federal fiscal year 1994-95, under Title VI of the Library Services and
Construction Act, Library Literacy Program. These grant funds cannot be used
to supplant the current tutor reading program.
RECOMMENDATION: That Council adopt the resolution accepting Federal
Department of Education, Library Services and Construction Act Title VI
Library Litera<;y Program grant funds awarded to the Chula Vista Literacy
Team, appropriating funds, and amending the FY 1994-95 budget to include
.48 FTE positions.
BOARD/COMMISSION RECOMMENDATION: On December 8, 1993 the
Library Board of Trustees voted to support this Title VI grant application.
(ATTACHMENT A.)
DISCUSSION:
On December 14, 1993, the City Council ratified the Library's application for
LSCA Title VI grant funds. These grant funds will be used to continue our
Model Writing Project for Adult Learners. A variety of small group writing
classes for learners enrolled in the Chula Vista Literacy Team will be taught
in the evenings at the Civic Center Library, and at Vista Square Elementary
School. In addition, we will be offering daytime writing classes at two other
elementary school sites for parents enrolled in the Even Start Family Literacy
Project of the Chula Vista Elementary School District. Writing instructors (.48
FTE) will be hired to work throughout the grant period, October 1, 1994
through September 30, 1995. All of the classes will involve recruiting and
training volunteer tutors as well.
FISCAL IMP ACT: These funds cannot be used to supplant the existing tutor
reading program, however $7,156 in salaries and $2,217 in benefits budgeted
in the Title VI grant are available to offset general funds in FY '94-95 for the
Chula Vista Literacy Team Coordinator and Administrative Office Assistant
II. In FY '95-96, $2,385 in salaries and $738 in benefits will offset general funds.
Funds will be appropriated into account 260-2618. (See Attachment B.)
It? /
RESOLUTION NO.
17/,7/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FEDERAL DEPARTMENT OF
EDUCATION, LIBRARY SERVICES AND CONSTRUCTION
ACT TITLE VI LIBRARY LITERACY PROGRAM GRANT
FUNDS AWARDED TO THE CHULA VISTA LITERACY
TEAM, APPROPRIATING FUNDS, AND AMENDING THE FY
1994-95 BUDGET TO INCLUDE A .48 FTE POSITIONS
WHEREAS, the Chula vista Public Library has been awarded
$34,986 in grant funds for the Federal fiscal year 1994-95, under
Title VI of the Library Services and Construction Act, Library
Literacy Program to continue our Model Writing Project for Adult
Learners; and
WHEREAS, these grant funds cannot be used to supplant the
current tutor reading program; and
WHEREAS, on December 8, 1993, the Library Board of
Trustees voted to support the Title VI grant application.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept the Federal Department
of Education, Library Services and Construction Act, Title VI
Librarv Literacv Proqram grant funds awarded to the Chula Vista
Literacy Team.
BE IT FURTHER RESOLVED that the amount of $34,986 is
hereby appropriated from the California Library Services Act Fund
into Fund 260-2618 and the FY 1994-95 budget is amended to include
a .48 FTE position, as set forth in Attachment B, attached hereto
and incorporated herein by reference as if set forth in full.
Presented by
Approved as to form by
David Palmer, Library Director
Bruce M. Boogaard, city
Attorney
/" "':L
.
.
.
ATTACHMENT A
LIBRARY BOARD OF TRUSTEES
DECEMBER 8, 1993
- 3 -
5.
Name
Director Palmer reported that his goal of getting
this issue resolved by Christmas would not be met.
He asked that the Trustees be prepared to attend
the Council meeting when this item is presented to
support their recommendations. Chair Viesca and
Vice Chair Donovan asked to be notified when this
item is scheduled to go before Council.
III. ~EW BUSINESS
A.
Literacy Team application for Federal Department of
Education, Library Services and Construction Act grant
funds to develop and implement a model program to aid
adult learners with dyslexia
B.
Li teracy Team application for Federal Department of
Education, Library Services and Construction Act grant
funds to continue a model 'writing program for adult
learners
The Literacy Team has applied for two grants. One
application would set up a new program to work with adult
learners with dyslexia. This is a new program based on
the Literacy Coordinator's work with the Wilson program.
The Coordinator has estimated that well over half of the
learners are dyslexic.
The other grant would continue the r.cdel writing
now in place at t~e literacy tean. The
department of education.will allow the Literacy
apply for two grants.
MSC (Alexander\Donovan) the Library Board supports both
literacy team applications for federal grant monies.
prograI::
federal
Tear.! to
These pr=g~a=s not G~:Y p=o~idc a ~~~Gcrf~: service to
the ccmmunity, but also pay back the general fund.
IV. LIB~~Y DIRECTOR'S REPORT
A. Holiday Schedule
Director Palmer reported that the Chula vista Publid
libraries will be closed on Friday, December 24th, an~
December 31st, as well as Christmas and New Year's Day~ '
lIP" J
LSCA TITLE VI BUDGET
FEDERAL FISCAL YEAR 1994-95
October I, 1994 - September 30, 1995
BUDGET ACCOUNT 260-2618
ATTACHMENT B
5101 Salaries (Reimburse General Fund) $9,541.
.10 FTE Literacy Coordinator $2,817.
.25 FTE Administrative Assistant II $4,339.
5105 Hourly Wages $20,000.
.48 FTE Writing Instructors
5141 Retirement (Reimburse General Fund) $1,430.
.10 FTE Literacy Coordinator $420.
.25 FTE Administrative Assistant II $653.
5142 Employee Benefit Plan (Reimburse General Fund) $1,525.
.10 FTE Literacy Coordinator $450.
.25 FTE Administrative Assistant II $694.
5143 Medicare (Writing Instructors) 1.45% $290.
5145 PARS (Writing Instructors) 3.75% $750.
5224 Training $400.
5301 Supplies $500.
5323 Rent, Utility, Other $550.
TOTAL:
JI}-'f
FY95-96
$939.
$1,446.
$140.
$217.
$150.
$231.
$34,986.
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 10/4/94
ITEM TITLE: A Resolution /1 h 11, Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 88-3A, Eastlake South
Greens, Unit 3 (North Half)
B Resolution \1'-11 Approving Supplemental Subdivision
Improvement Agreement Requiring Developer to Comply with Certain
Unfulfilled Conditions of Resolutions No. 15200 and 17618 Approving
a Tentative Subdivision Map for Eastlake Greens, and Authorizing the
Mayor to Execute Same.
SUBMITTED BY:Director of Public Works ru-I
REVIEWED BY: City Manager j~ '() ~ (4/5ths Vote: Yes_NoX)
On July 18,1989, by Resolution 15200 (Exhibit A) the City Council approved the Tentative
Subdivision Map for Chula Vista Tract 88-3, Eastlake Greens. On August 16, 1994, by
Resolution 17618 (Exhibit B) the City Council approved an amendment to the Eastlake Greens
Tentative Subdivision Map, Chula Vista Tract 88-3A. The purpose of the amended Tentative
Subdivision Map was to reconfigure the phasing of the original development. The final map
for the north half of Unit 3 of said tentative maps is now before Council for approval.
RECOMMENDATION: That Council adopt the resolution approving the final map,
subdivision improvement agreement and the supplemental subdivision improvement agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located south of Clubhouse Drive between Eastlake Parkway and
Hunte Parkway and consists of 51 lots for single family residential units and one lettered lot
for open space.
The fmal map for Unit 3 (North Half) of Chula Vista Tract 88-3A, Eastlake South Greens has
been reviewed by the Public Works Department and found to be in substantial conformance
with the approved tentative map. Approval of the fmal map constitutes acceptance by the City
on behalf of the public Pinehurst Road, a portion of Silverado Drive and tree planting and
maintenance easements all as shown on the final map.
Tentative Map Condition of Approval No. 30 (from the original Tentative Map) required the
developer to enter into an agreement whereby the developer agrees that the City may withhold
building permits for any units in the subject subdivision if traffic on Otay Lakes Road,
Telegraph Canyon Road, Eastlake Parkway, or East "H" Street exceed the levels of service
identified in the City's adopted thresholds. Condition 31(c), also from the original Tentative
11-)
<--:
s
Page 2, Item11-
Meeting Date 10/4/94
Map, required the developer to agree to waive the right to protest the formation of any
assessment district for the construction of street improvements to connect Orange Avenue and
Palomar Street to existing improvements to the west of the subject property and to not protest
inclusion of the subject improvements as projects in the Eastern Territories Development
Impact Fee system. Tentative Map Conditions of Approval 32, 33 and 34 are from the
amended tentative map. Condition 32 required the developer to enter into an agreement to
indemnify and hold harmless the City from any claims, actions or proceedings against the City
to attack, set aside, void ar annul any approval by the City with regard to the subject
subdivision. Condition No. 33 required the developer to enter into an agreement to indemnify
and hold harmless the City from any liability for erosion, siltation, or increased flow of
drainage resulting from the subject subdivision. Condition No. 34 required the developer to
enter into an agreement with the City relating to the provision of franchise cable television
services. The developer has executed a Supplemental Subdivision Improvement Agreement
to satisfy these requirements.
The developer has also executed a Subdivision Improvement Agreement for this map and
provided bonds to guarantee construction of the required public improvements (CV drawings
94-271 through 94-276), has paid all applicable fees and has provided a bond to guarantee the
monumentation for said subdivision. The agreements are now before Council for approval.
A plat is available for Council viewing.
FISCAL IMP ACT: None. All Staff costs associated with processing of improvement plans
and fmal map will be reimbursed from developer deposits.
Attachments:
Exhibit A _ Resolution 15200 & Minutes of 7/18/89 (excerpt) NOT SCANNED
Exhibit B - Resolution 17618 & Minutes of 8/16/94 (excerpt) NO'I ~
Exhibit C - Plat - Eastlake South Greens Unit 3 (North Halt)NOT S'" .tMkl"rl'D
Exhibit D _ Disclosure Statement ~'U"":..
NOT SCANNED
8m
f:\home\enginccr\agcnda\unit3
091494
/1....;1..
.
.
.
\~.
~~n
Revised 7/25/t.
JUS)Ll71'ICIl NO. 15 200
1USOU11'ICIl OF 'ffiE CITY O)UNCIL OF 'nIE CITY OF 0iULA VISTA
APPROVING 'l'Dfl'ATIVE WJ> Pat EAS'l'WE GREENS, 0iULA VISTA
'lllAcr 88- 3
-
..
,
The City Council of the City of Chula Vista does hereby resolve as
follOWS:
-
WIlERW, the proposed subdivision for the EastLake Greens arel
.....on~s 830 acres of land located in the eastern portion of the City of
Chula Vista east of 1-805 and south of Otay Lakes !load, and
WllEREAS, the subdivision includes streets, open 8P8oe, church sites,
commercial lots, park sites, school sites, condominium lots and single-family
lots, and
WIiEREAS, the Environmental Inpct Report EIR-86-4 was considered
previously, and
WHEREAS, on June 21, 1989, the Planning COnIIIission, by a vote of
6-0, ("""""".ended that the Col!Icil approve the EastLake Greens Tentative Map
subject to the following:
On an interim basis, Parcels 11.-24, 11.-25, 11.-26, 11.-27, and 11.-28 shall
be zoned at the target density of 4.5 dwelling units per acres. A maxi11'llm of
4,034 units will be approved for EastLake II until such time as the
guidelines for exceeding the target density for the General Plan Update are
resolved. The following procedure will occur to determine additional
density, if any, for the EastLake project.
a. Specific guidelines for exceeding the target General Pllon
density will be adoptedl
b. The adopted General Plan policies will be applied to determine
the incremental units to be added to EastLake II.
c. The units from the new calculation will be distributed to these
five parcels or other unsubdivided portion of EastLake Greens
'l'entati ve Map.
d. The SPA Plan and Tentative Map will be returned to the PJanning
oomnission and City COuncil for adoption of the increased
density, if any.
tUf, 'ftIEREI'(ItE, BE IT RESOLVED that the City council of the City of
OIula Vista does hereby approve the tentative map for EastLake Greens, Olula
Vists Tract 88-3, based on the findings set forth herein and subject to the
following conditions:
rnginftrlng DePeranent conditions:
1. Public bprov...nts required in this
be l1l11ited to: A.C. pavement and
-
resolution shall include, but not
base, concrete curb, 9utler and
Exh,b',+
" A"
~//~3
/..
J
'f
sidewalk, traffic signals, street lights, traffic signs, street trees,
fire hydrants, sanitary sewers, water and drainage facilities.
~l i""rovements shall be designed and constructed in accordance with
~tysUm&r~. ---
,
~
-
... ,
2. "nle developer shall be responsible for:
,
a. "nle construction of public street improvements of all streets shown
on the tentative map within the subdivision.
.
b. "nle construction of public street improvements for all off-site
portions of Otay Lakes Road, Bunte Parkway, palanar Street and
Orange Avenue along the full length of the subject property. Full
width i""rovements shall be required unless the developer can
derronstrate to the satisfaction of the City Engineer that partial
i""rovements will meet the CiU standar~ for traffic, bicycles,
pedestrians and parking. Transi'nons to existing improvements shall
be provided as required by the City Engineer.
3. a. The developer shall guarantee the construction of the following
i""rovements pri~ to the approval of the final map for any of the
phases of development identified in the EastLake Greens phasing
plan. The developer may submit an alternate proposal to provide
access to any individual or groop of phases identified herein. Said
proposal shall be submitted for review and approval by the City
Engineer.
Phase Facilities Needed * (See table I for description of
each facility.) """""
lA 1, 2
18 1, 3, 4, 8, IS
Ie 1, 2, 3, S, 7, 8, 9, 13, IS
10 1, 2, 6, 7, 8, 9, 10, 13, IS
2 1, 2, 6, 7, 8, 9, 10, IS
3 1, 2, 2a, 6, 7, 8, 9, 10, 11, 12, 14, IS
* Facilities that shall be guaranteed p~ior to approval of final
map for the corresponding phase and corrpleted prior to permits
being issued for the subsequent phase (Le., facilities for lA
through 0 completed before permits for Phase 2 are issued).
b. "nle developer shall guarantee the construction of all interior public
i""rovements required for development of any unit of development
prior to approval of the Final Subdivision Map for said unit.
4. Right turn lanes and dual left turn lanes shall be provided at the
intersection of any of the following street classifications: major-major,
IMjor-prime arterial, prime arterial-prime arterial.
S. Palomar Street from the westerlY subdivision boundary to EastLake Parkway
shall be CDnstructed as a 4-lane CDllector (74 feet from curb-to-curb).
"""\
II-Li
A-~
.
"
6. No direct access for residential driveways will be allowed to Street "1\",
BastLllke Parkway, BUnte Parkway, Street "E", "0" Street, Street "F", Olay
Lakes Road, oranqe Avenue and palomar Street. 'nle location of street
entries and major entries for IlUlti-family projects to the above streets
shall be approvec:'l by the City Engineer.
,
7. IDt frontage on cul-de-sacs ~ knuckles shall not be l,ss than 35 feet-
unless approved by the City Engineer.
8. a. A transition to existing inprovements is required on Olay Lakes Road
east of Hunte Parkway. Said transition shall be approved by the City
Engineer.
b. 'nle intersection of BUnte Parkway and Orange Avenue shall require
special treatment to transition to the prime arterial status of Hunte
parkway southerly of said intersection.
.
TABLE I
OESCRIPl'IOO OF ONSI're 'l1WlSPORTATIOO F1\CILITIES
.
Facility No.
1
Street
.
2
EastLake Parkway
EastLake Parkway
2a
EastLake Parkway
3 Street 0
4 North Street "A"
S North Street .A.
6" SOUth Street .A.
7 Street .B.
a Hunte Parkway
9 Hunte Parkway
10 Hunte Parkway
.
-1-
/1-6
Portion
Olay Lakes Road to Street .0"
Street .D. to the Interim
Terminus South of the SDG&E
Easement
Palomar Street to the Interim
Terminus South of the SDG60E
Easement
EastLake Parkway to North
Street .A"
Street .0. to Hunte Parkway
Street .0. to Street .E.
Street .0. to Hunte parkway
EastLllke parkway to Street "1\"
Olay Lakes Road to SOUth
Boundary of Phase 18
Street .B. to North Boundary
of Phase lC
Street .E" to SOUth Street .A"
_A-3
,
.
11 Hunte Parkway South Street "A' to Orange ~
Avenue
-
12 Oranqe ~venue Hunte Parkway to West
Boundary of. Subdivision .
-
13 Street "E' Street "A' to Hunte Parkway
14 Palanar Street EastLake Parkway to West
Boundary of the Subdivision
15 Otay Lakes Road Lane Avenue to Hunte Parkway
*
In conjunction with developnent at Phase 10, developer nay cxmstruct
eidler that portion of South Street A to connect Street QO to Street "D.
or that portion to Hunte Parkway.
9. underground traffic signal equipment and traffic signal standards shall be
installed at the following intersections:
-
EastLake Parkway and Otay Lakes Road
EastLake ParkwaY and "0" Street
EastLake Parkway and "E' Street
EastLake Parkway and Palonar Street
Hunte Parkway and Otay Lakes Road
Hunte Parkway and north Street 'A"
Runte Parkway and "E' Street
Runte Parkway and south Street "A'
Runte Parkway and Orange Avenue
"E" Street and Street "A'
"D. Street and north Street "A".
~
Mast arms, signal heads and associated equipment shall not be installed
unless approved by the City Engineer.
10. Interronnect ronduit, pull boxes and pullrope shall be installed to
connect following intersection signal systems.
Olay lakes Road/RoUte 125 to otay lakes Road/EastLake Parkway
otay Lakes Road/EastLake Parkway to otay Lakes Road/llunte Parkway
otay Lakes Road/EastLake Parkway to EastLake Parkway!"O' Street.
EastlAke parkway!"O" Street to North Street "A" !"O' Street
EastLake Parkway!"O" Street to EastlAke Parkway!"E" Street
EastLake parkway!"E" Street to EastLake Parkway/Palanar Street
Hunte parkway/t)tay lakes Road to Hunte Parkway!North Street "A"
Hunte Parkway/Street "A" to Hunte Parkway!"E" Street
EastLake parkway!"g" Street to Street "A !"E" Street
Street "A"!"E" Street to Hunte Parkway/"E" Street
Bunte parkway!"g" Street to Bunte Parkway!North Street "A"
Bunte Parkway/South Street "A" to Hunte Parkway/Orange Avenue
orange Avenue east of Runte Parkway to subdivision boundary.
~
/1- Co
,Q-L1
t
A
b.
A conditional use permit shall be filed with the City for the golf
course, clubhouse, and related swillllling -and temis facility prior to
issuance of building permits for purposes of regulating operations,
uses, and site design. -
,
IDeations where 9Dlf course crossings of streets are provided shaIl
be clearly signed and marked. t1here streets being crossed are
classified to CIIrty traffic at a speed greater than 25 llPl, such
crossings shall only be at intersections or through the use of grade
separation-structures.
e 11. a.
e
e
c. 'ftle developer or other IIIIbsequent owner of the golf course shall
agree to be responsible for the payment to the City of ongoing repair
and maintenance costs of any grade separation structures whicb may be
required for the benefit of the golf course.
d. Golf course safety features shall be reviewed by the City Engineer in
conjunction with construction of the golf ("Ourse.
12. All streets which intersect other streets at or near horizontal or
vertical curves IlI1st meet intersection design sight distance requirements
in accordance with Ci~ standards.
Ills stops with concrete bencbes shall be provided along both sides of
Street 01.0 adjacent to the intersections with the following streets:
street oEo, street oGo, street oDo, street 0000 and Street oFPpo.
Ills turnouts shall be provided to the satisfaction of the City
Engineer.
b. Ills stops with concrete bencbes shall be provided along both sides of
Hunte Parkway adjacent to the intersections with Street oEo and 80IIth
Street 01.0. Ills shelters as approved by the City Engineer shall be
provided along both sides of BastLake Parkway adjacent to the
intersection with street oEo or appropriate alternative locations.
13. a.
14. Right turn lanes shall be provided on Street oAo at the intersections of
street 01.0 with street oDo and 80IIth street oAo with Hunte Parkway. A
right turn lane shall be provided on EastLake Parkway at its intersection
with street oEo.
15. a. All streets within the lUlU-family developments and the access road
to unit 29 ahall be private. Detailed horizontal and vertical
alignment of the-centerline of said streets shall be reflected on the
bprOVellll!l'lt plans for said developments. Design of said streets
ahall ..t the City standards for private streets.
b. Private streets in units 1 and 2 (single family detached units) shall
..t City standards for public streets or standards acceptable to the
City Engineer.
c. All subdivisions proposing private streets with controlled access
devices, sucb as CJ&te8, ahall cor.tain the following features:
/I~ '+
A-6
l
,
(1) Gates shall be approved by the City Engineer. Gates shall be
located to provide sufficient room to queue up without
interrupting traffic on public streets.
"""\
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(2) A turn around .!lhall be provided at the location of the gate.
'nle size and lQCation of said turn around shan be approved by .
the city Engineer.
(3) 'nle border between public street and private street shall be
delineated thrOUgh the use of distinctive pavement.
(4) Provisions shall be made for emergency vehicle access.
16. All the streets shown on the subject tentative map within the subdivision
boundary, except as described above, shall be dedicated for public use.
Detailed horizontal and vertical aliCJlllllerlt for said streets shall be
reflected 011 the inprovements plans for the subject subdivision or any
unit thereof. Design of said streets shall meet all City standards for
public streets.
17. 'nle owner shall grant to the City street tree planting and maintenance
easements along all publfc streets within the subdivision as shown on the
tentative map. Said easement shall extend 10 feet from the back of the
sidewalk except on Hunte Parkway and p:>rtions of EastLake Parkway as
provided below. Along Hunte Parkway, said easement shall extend 10 feet
from the property line and shall contain no slope steeper than 5:1
(horizontal to vertical ratio). The entire area of said tree planting
easement along Hunte Parkway shall be offered for dedication on the
subdivision maps for future street purp:>ses. The tree planting easement
along those p:>rtions of EastLake Parkway containing meandering sidewalks
shall coincide with the proposed sidewalk easement as shown on the
TentatiV'" Map.
18. The owner shall grant to the City a 10 foot sidewalk easement adjacent to
the property line for the installation of a meandering sidewalk at the
following locations:
a. Otay Lakes Road along the full length of the frontage of unit 17.
b. EastLake Parkway - along the frontage of Units 29, 34 and 32 (north
of the intersection of "E" street).
'""'"
c. street E
Between BastLake Parkway and street - along the frontaqe of Unit
25.
Between street A and Hunte Parkway - along the frontage of units
28, 29, 37 and 39.
19. Prior to the approval of any final np for 8Ubject subdivision or any unit
thereof, the 8Ubdivider shall obtain all off-site right-of_y necessary
for the installation of required improvements for that unit.
-..
)/- 8
A-lP
.
.
If the developer requests the City to use its powers to acquire Aid
off-site right-of-way, the developer shall pay all costs, both direct and
indirect incurred in said acquisition.
-
20. '1'he developer shall gcant to the City I' control lots adjacent to the
following streets: - ,_0 ,
a. South end of EaatLake Parkway.
b. South end and east side of Hunte Parkway.
c. Both ends of Street A.
d. Both ends of Orange Avenue.
e. ...st end and southerly side of Palomar Street.
f. Both sides of Orange Avenue.
21. Striping plana shall be provided for the following str~ts: Street "A",
Street "D", Street "E", EastLake Parkway, Hunte Parkway, Orange Avenue,
Otay Lakes IlDad and Palomar Street. Striping plans shall be approved in
conjunction with iq>rovement plana for Aid streets.
22. Prior to the approval of any final subdivision map which includes a
portion of the streets listed below, the developer shall submit plans
demonstrating the feasfbility of the extension of the Aid streets:
EastLake Parkway - from Palomar Street to Orange Avenue.
Ilunte Parkway - from Otay Lakes IlDad to East "H" Street.
Palomar Street - from the subject subdivision a miniJllllll distance of
1,000 ft. westerly.
Orange Avenue - a mininum distance of 1,000 ft. westerly.
'1'he developer shall submit calculations to demonstrate compliance
with all drainage requirements of the SUbdivision Manual to include,
but not be limited to, dry lane requirements. calculations shall
also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets.
b. Specific ..thoda of handling storm drainage are subject to detailed
approval by the City Engineer at the time of submission of
iq>rovement and grading plana. Design shall be aCClOllplished on the
basis of the requirements of the Subdivision Manual and the Grading
Ordinance (tl797 as amended).
c. Graded access shall be provided to all storm drain structures
including inlet and outlet structures as required by the City
Engineer. Paved access shall be provided to drainage structures
located in the rear yard of any residential lot.
'1'he developer 8hall obtain notarized letters of permission for all
off-.ite grading work prior to issuance of grading permit for work
requiring ..id off-site grading.
t.ota shall be 80 graded as to drain to the street or to an approved
drainage system. Drainage shall not be permitted to flow over slopes.
a.
b.
. c.
d.
23. a.
24. e.
.
b.
) 1- 9
A-I
.
25. Sewer IMI'lholes shall be provided at all changes of alignment and grade.
Sewers serving 10 or less equivalent dwelling units shall have a mininum
grade of 1\.
""\
--
26. The developer shall ~ly with all relevant Federal, state and local
requlatioos, including.. the Clean water Act. The deve.l.oper shall'.'bl!
responsible for providing all required testing and documentation to
denonstrate said ClOI1pliance as required by the City Engineer.
27. A paved access road with a mininum width of 12 feet shall be provided to
all sanitary sewer manholes. The roadway shall be designed for an 8-20
wheel load or other loading as approved by the City Engineer.
28. The developer shall grant easements for all off-site p.1blic storm drains
and sewer facilities prior to approval of any final map requiring those
fa-:ilities. Basements shall be a mininum width of six feet greater than
pipe size, but in no oase, less than 10 feet.
29. An erosioo and sedimentatioo cootrol plan shall be included as part of the
grading plans.
30. The developer shall elft:er into an agreement whereby the developer agrees
that the City may withhold building permits for any units in the subject
subdivision if traffic on Otay Lakes Road, ~legraph Canyon Road, EastLake
Parkway, or East "R" Street exceed the levels of service identified in the
City's adopted thresholds.
31. a. The property owner shall agree to not protest formation of a district
for the maintenance of the drainage channel in Telegraph Canyon.
b. The property owner shall agree to not protest formation of a district
for the maintenance of landscaped IlIedians and parkways along streets
within and adjacent to the subject property.
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c. The property owner shall enter into an agreement wherein he agrees to
not protest formation of an assessment district for the construction
of street ilprovements to connect Oran<:"! Avenue and palOlllllr Street to
existing inprovements to the west of the subject property and to not
protest inclusioo of the subject inprovements as projects in the
Eastern Territories Developnent IJlpact Pee system.
32. a. All sanitary sewer facilities required for development of any lot,
unit or phase shall be ~aranteed prior to recordation of a
subdivisioo IIIIlP for said lot, unit or phase.
b. 'l'he developer shall provide for the costa associated with lMintenance
of the sewer puql stations prior to approval of any subdivision -ps
which ahall require 8llid pmp stations to provide sanitary sewer
_rvice.
c. The developer shall obtain permission fran the City to deposit sewage
in a foreign basin prior to approval of any subdivisioo IIlllP which
shall require any sewage to be transferred fran an existing basin
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33.
into another basin. The permission shall be in the form of an
agreement whereby the City shall agree to such transfer, and the
developer shall agree to the construction of certain inprovements in
the system that will accept said sewage and to the circumsta..~tS
under whidl said i"rmission may be revoked.
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Prior to the approval of any final map for any lot or unit, the owner
shall CJIIarantee the construction of all improvement (streets, sewers,
drainage, utilities, etc.) deemed necessary to provide service to such lot
or unit in accordance with City standards.
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34. Prior to approval of any subdivision map for single family residential
use. The developer shall submit a list of proposed lots indicating
whether the structure will be located on fill, cut, or a transition
between the two situations.
35. SOUth Street -A- and Street -E- (between Street -A- and Hunte parkway)
shall be 52 feet wide (cur~to-curb) within 72 feet of right-of-way to
provide for on-street parking on one side of each street.
36. Off-site CIIIIIIIlative transportation impacts shall be IIlitigated to
insignificant levels" by partiCipating in the East Chula Vista
Transportation Phasing Plan on a fair share basis with other area
developers.
37. EastLake Greens will be subject to any new City resolution or ordinance
regarding cable television.
Planning Department OOnditlons
38. a. Applicant shall request the formation of an open space district.
Maintenance of specific areas may be required to be performed by the
master haneoWner's association. Open space slopes shown adjacent to
public and private neighborhood parkS shall be included in the
established maintenance program.
b. Park dedication and inprovement cre"it for private parks (up to 50\)
I18Y be considered subject to approval of inprovements, park acreag..
and activity areas provided.
c. Development of all public and private park areas receiving park
credit designated on the subdivision map shall be subject to th..
approval of the City's Director of Parks and Recreation; SairJ
approval shall comply with the standards listed in Section 17.10.050
of the tlInicipal COde.
d. Maintenance and credit for the proposed open space trail system shall
be wbject to approval of the Director of Parks and Recreation. ThP
trail ahall conailt of an approved D.G. base.
e. Park dedication credit for the COIlIII1nity perk shall not include the
slope area edjaoent to proposed '125, however, credit shall be given
when perk inprovements in exoess of the Municipal Code requirement,
are provided.
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f. Any PAD fees to be waived shall be done so upon completion of parks
or bonded guarantees of park completion. Bonds provided to the
Department of Real Estate may be sufficient guarantee for private
park i\lProvements. -
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g. No waiver of Reiidential Construction Tax is ma~ or inplied.' tfy
approval of this map.
39. Park acreage of 24 acres shall be provided subject to the approval of park
i\lProvement plans by the Director of Parks and Recreation.
40. The open splice corridor ~ssing the soon easement and the San Diego
water line shall be incorporated into adjacent land use plans as USlIble
open splice and/or parking. The adjacent land use lots shall be graded to
accomplish an acceptllble interface.
41. The 5:1 grading shown on EastLake Parkway (reference sheet .2) shall be
eliminated and Shawn as 3:1.
42. A minimum 15 ft. wide landscaped area shall be provided between the
sidewalk and wall areas created along single-family areas CI'l Street 01.".
M:lTE: Down slopes sha1l c:ormence at a minimum distance of 10 ft. fran the
public sidewalk. Alternate tree plantings in approved concrete cone root
containers will be considered for limited are'.9.
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43. Copies of proposed <::aR's shall be filed with the City.
44. A low and moderate incorre housing program with an established goal of 5\
low and 5\ moderate shall be implemented subject to the approval of the
City's housing coordinator. tOrE: A 1\ change resUlting in 4\ low and 6\
moderate is deemed an acceptllble tolerance. This condition shall be
deferred and further evaluated as a factor in the analysis of the General
Plan density policies as they relate to parcels R-24, R-25, R-26, R-27,
and R-28.
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45. All paved access to sewer and drainage outlets shall be subject to
approval by the Director of Planning.
46. A mininum of three church sites totaling 7 acres shall be designated prior
to rec:ordatiCl'l of the final map.
47. ~n splice easements shown at the rear of various lots backing onto the
golf couree shall be included in the golf course maintenance program.
48. All IOU adjacent to intersections subject to road widening requirements
ahall require further review by the planning Director to determine
acceptability.
49. SChool drlelopnent shall be phased to provide facilities with adequate
capacities to serve residential occupancy. Mello-Roos Colmunity
racilitiea District has been formed by the respective school districts.
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. 50. Provide street names CI\ the tentative map.
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51. A conceptual landscape plan, together with a water IIlI!.nagement plan, shall
be provided prior to City Council approval of the tentative IIIllp-1llld
subject: to the approval of City's Landscape Architect.
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52. Developnent of all parcels shall be in accordance with EastLake Grems SPA
Plan, Public Facilities Financing Plan and Design Manual.
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53. The developer shall annex all arees within the subdivision boundaries
prior to recordation of any final IIIllP.
54. The phasing plan shall be designed to connect interior subdivisions within
PhaIe I to the satisfaction of the City Engineer.
55. All lots without approved private ot public access shall be shown as a
single lot.
56. The open space shown adjacent to sasterly side of Route 125 corridor shall
be dedicated to the City across its entirety for future transfer to the
State of california as part of future freeway right-of-way. School
District has option o~pJtting in retsining wall across the high school
site.
57. Lotting approval for Unit 14 shall be continued until a precise plan
detsiling the design of the project is reviewed by the Design Review
Comnittee. Thereafter, the lotting of Unit 14 will be considered by the
City COuncil for tentative subdivision map approval.
58. orange Avenue corridor design shall be subject: to approval of the Director
of Planning regarding grading, slope grading, landscaping and fencing.
59. All lots in Units 4, 7, and 8 shall be a mininum of 50 feet wide and 20'
of lots in Units 11 and 13 shall be a mininum of 50 feet wide.
A mininum of t~ty (20) percent of all lots within units 4, 7, and 8, 11,
and 13 are intended to ...........,odate one-story units or units with a
one-story plateline along the street frontage. Said one-story units shall
be placed CI\ lots with a mininum width of SO feet.
Any units displaced as a result of revision to the subdivision IIlI!.Y be
considered for transfer to another unit within EastLake Greens.
60. Major entry points to the EastLake Greens developnent shall require
approval of the Director of Planning with respect to grading, slope
9radient and landscaping.
U. All of the open 8pa08 lots shall be dillllflsioned (see Loop Street -A-
adjacent to units 14, 39 and 13).
&2. Q:len IIP8C>> lots adjacent to private parks shall be included in the private
parka to be ..inta1ned by the Ho..eowne"s' Association.
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63. A water agreement with Otay PlUnicipal Water District regarding terminal
storage and water supply shall be required prior to approval of the final
IlBp.
64. A pedestrian bridge or ~ alternative acceptable to the City Engineer
shall be constructed over;DtAy Lakes Road to CXlnnect tl1e COITITlInity trail. .
from EastLake I to EastLake II.
EIR Mitigation Measures - Planning
65. Residential land uses planned adjacent to or near corrmercial and
industrial uses shall be adequately buffered. Necessary measures will
include a wall or fence to decrease noise and increase privacy; a
physical, vertical or horizontal separation between land uses, Le., a
road, slopes or a landscaped open space buffer; or some type of vegetative
l'creen. Impacts occurring as a result of site-specific designs will be
mitigated on a site-specific basis. (pg. 4-15)
66. In order to mitigate the site specific impacts, the following must be
CClI1i>leted in accordance with the thresholds policy and the East Chula
Vista Transportation Phasing Plan:
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a. Inprove Telegraph canyon Road between State Route 125 and the
EastLake Greenstrrails boundary to six-lane prime arterial standards.
b. COnstruct Hunte ParkwaY and EaslLake Parkway as major roads between
Telegraph Canyon Road and Orange Avenue.
c. COnstruction of a southbound state llDute 125 to eastbound Telegraph
canyon Road loop ranp at the State Route 125trelegraph canyon Road
intersection or extend state llDute 125 south to East Palomar street
(which would CXlnnect to the EastLake II street
system). (pg. 4-37)
67. The on-site water storage tank shall receive additional landscaping. This
shall include the use of additional vegetation within the site compound to
obscure the tank itself, as well as exterior landscaping of the perimeter
fence to provide a IIOre aesthetic screen.
68. Residential units in the vicinity of the SDG&C: transmission line shall be
spaced and oriented to minimize views of those facilities. The SO-fool
buffer along both sides of the roadway traversing the northern site
boundary shall receive sufficient landscaping to effectively. screen
developnent associated with EastLake I. Additionally, residential units
in the northern project site shall be spaced and oriented to minimize
views to the north where appropriate.
69. A preliminary 94lOtechnical report has been prepared for the EastLakE'
or__ property by san Diego SOils Engineering, Inc. (1986). This reporl
rontains various r-........_ndations to provide adequate surface and
wbsurface drainage and erosion control that shall be inCXlrporated into
the project. design. ...........ended melt.sures include, but are not limited to,
the following:
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Surface and Subsurface Draina~: Surface runoff into downslope
natural areas and graded areas s ould be minimized. Where possible,
drainage Should be directed to suitable disposal areas via nonerosive
devices (i.e., paved swales and storm drains). -
Pad drainage al1oI.i1(I be desiqned to collect and direct surface wat1!!I'5
away fran proposed structures to approved drainage facilities. For
earth areas, a minillUlll gradient of two percent should be maintained
and drainage should be directed toward approved swales or drainage
facilities. Drainage patterns approved at the time of fine grading
should be maintained throughout the life of proposed structures.
70. Subdrains ahall be placed under all fill located in existing drainage
courses at identified or potential seepage areas. Specific locations
ahall be evaluated in the field during grading with general subdrain
locations indicated on the approved grading plan. The subdrain
installation shall be reviewed by the engineering geologist prior to fill
placement.
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71. Drainage devices are required behind stabilization fills to minimize the
build-up of hydrostatic and/or seepage forces. (see preliminary
Geotechnical Investiga~ions, San Diego SOils Engineering, Inc. (1986) for
details and r~",.ended locations of these backdrains.) Depending on
slope height, at least one tier of drains would be required for
approximately every 30 feet of alope height. Drains may also be needed aL
contacte between permeable and non-permeable formations.
72. Slopes ehall be planted with appropriate drought-resistant vegetation as
r........",ended by a landscape architect illl1ll!diately following grading.
Erosion control and drainage devices shall be installed in campliance with
the requiremente of the City of Chula Vista.
73. water ehall not be allowed to run over the top of or flow down graded or
natural slopes.
74. Devicee constructed to drain IInd protect slopes, inCluding brow ditches,
berms, retention basine, terrace drains lif utilized) and &lwn drains
ahall be maintained regularly, and in particular, should not be allowed to
clog 80 that water can flow unchecked over elOpe faces. Subdrain outlets
ahall be maintained to prevent burial or other blockage.
75. To ..sure that aignificant and potentially unique foss11"s and
paleontological resources are not destroyed without examination an~
analyais, it ahall be required that a qualified paleontologist monitor the
initial 9redil'l9 r '..ivities duril'l9 developnent of the BaatLllke Greens site.
76. a.
walls and/or berme shall be installed to the satisfaction of the
Director of planning to recllce noise exposure to acceptable levels
onsitA.
'ftlI applicant has proposed an optional 5-foot fence enclosing the
peri_ter of the residential boundary (pigure 2-10), and the 5-fooL
wall hei9ht vas factored into the model to analyze the effectiveness
11- 15
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of such a wall on the significant noise impacts projected onsite. In
sane cases, a 5-foot wall height was determined not to be required
and a lower wall height was evaluated.
It was determi~ that a 5-foot barrier along the top of Slope on
portions of the-eastern side of EastLake Parkway arld portions of );he
internal loop road, and contiguous to the northern and southern.entry
roads, would re4Jc:e projected onsite noise levels below 65c:lB!A) am.
(Pigure 4-17). A 3-foot barrier would also be required along the
central qalf course road to further attenuate onsite noise levels.
Noise levels at the perk could be reduced through the incorporation
of barriers of lllinimal height (i.e., 1 to 2 feet). walls are not
1_...06nded because of aesthetic considerations and because the
attenuation required is only two decibels. Attenuation at the perk
could be achieved by raising the ped elevations near the contributing
roadways by 2 feet instead of incorporating a barrier. The barriers
along residential portions of the site should consist of walls, earth
berms, or a oontlination of walls and berms. Noise levels aboVe 6S
dB!A) and below 75 dB!A) OlEL are considered ClllI'pltible with the
propoeed COlIIll8rcial area in the northwe8t corner of the project area
and no barriers are required to attenuate the noise levels in this
arell of the si!!'e.
Based on the current gradillCil plan, the identified noisa walls would
lllitigate the projected axtarior noi" levels below the required 6S
om. ltandard and to a leval of inlignificance with the axception of
the perk where sl1qht exceedances would ocx:ur. If the ped elavation
i& raised, as l..........ocInded, no adverse noi" i.cts would ocx:ur
onlite.
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b. Por thoae portions of the lite axposed to 60 OlEL or greater
(identified in Pigure 4-17), an interior acoustical analysil will be
required once building plans and site plans ara IIlIlde available to
ensure the use of aWropriate construction IllItarials to attenuate the
interior noi" levels below a level of significence.
77. On an interi. basil, Parcels R-24, R-25, R-26, R-27, and R-28 lhall be
aoned at the target denIIity of 4.5 dwelhrl9 unita per acr... A ..xillllll of
4,034 unita will be awraved for IastLake II until euch tilllll .. t.he
CJUic5sUnel for exceedill9 the target c5snsity for the General Plan update
are relOlwd. The followin; procedure w11l ocx:ur t.o detemine additional
density, if any, for the zaltLake project.
a. fJpeCific CJUic5sl1,. for exceedinq the tarqet General Plan
density will be adopted,
b. 'l'he adopled General Plan policias w111 be awl1ed to detarmine
the incr_tal unite to be added to IutLake II.
c. 'l'he units from the new celculation will be diltributed to thee.
rift parcell or other lII\Iubdivided portion of IastLake Gre<<\8
'l'entaUft Map.
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d. '1'tIe SPA Plan an(! Tentative Map will be returned to the Planning
Camdssion and City Q:lunc1l for adoption of the increased
Clensity, if any.
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78. Prior to the rec:or~ion of the final ..p, the EastLake I private park
alJreement all be awroved by the City COuncil. ' -' ,
79. '1'tIe ButLake Greens Development A/;lreement .hall contain a provision
..king the BlBtLake Greens project subject to the Transportation
Phuing Plan and the Growth ..nagement Element of the General Plan.
80. Prior to rec:orClation of the final ..p, the applicant shall albldt an
~r_nt to the City reprding p1blic use of the 9QU course. '1'tIis
MY be addressed in the conditional use permit required for the 9Qlf
course .
81. '1'tIa planning CloIIni..ion l-o....nclItion re9Brding the reduction of
dWelling units contsined 1n condition 13 of the BlBtLake II General
DlYel~t Plan i. incorporataCI into thi. resolution (EastLake Greens
reduoad from 3609 dWelling units to 2774 dwelling unitsl.
PIHDl.al1
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Pursuant to section 66473.5 of the 91b<Uvia1on Map Act, Tentative
lubclivisia'l Map for ButLa..e Greens Tract 88-3 is found to be consistent
with the Chula Viats General Plan .. adoptee! by the Chula Vista City
ODuncil baaecl on the following findings:
1. Land Use Eltment
'1'tIa o.neral Plan elesi9l\8tes the ButlAke Green. areu for ~: MadiUlll
Rltsiclential .. well .. ClllIIIlerclal, p1blic, quui-pIblic (schoOls,
parks, churchHl and 110IIII open apace. '1'tIa r.............ncled 2,774
resiclential units ia within the clenaity (between target and ..ximuml
range of the General Plan re.ielential eled9nAtion of low/lIl8diUlll
r.siclential (3-6 C1u/Cjjr. AC, I, inclUdinq density transfers from the
park, ec:hool, and 9Qlf cour.. to the resielenUal area (327 dill.
2. Circulatia'l El.-nt
All of the on-a1te and off-aite p1bUc .treets required to aerve the
aubcUviaiCII will be ccnatructed or DIP f... paid by the developer in
8CiCOrdance with the ButLake Greens PubUc FaciUties Financing Plan
.,., OW.lo....nt A4r..-nt.
3. lIrlU8irl9 Il_nt
'1'tIa 1It,,_ ~ 1'14 project will prov1de a IlinillUlII of 10'
hoUSlrl9 lnclu41rl9 a llill of hoUS1ng typea and lot
ellll1e-f_IY, tcMIhOUH., CoOi,doa.ln1\llll and var10us
danaltl. that will prov1de a wiele apectr\llll of hoUaing
paracna of various 11lClllllBs.
affordable
a1... for
apart.-nt
pricee for
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4. Parks and Recreation Element
The 8ubdivision will provide approximately 40 acres of inproved
COIlITll1lity and neighborhood parks in accordance with locatio..", and
8tandards of tile General Plan. The required park acreage for
EastLake Greens ls 29.2 acres. f ... ·
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5. Public Pacilities Element
The project i8 obligated in the conditions of approval to
participate in providing the water facilities, wastewater facilities
and drainage facilities required by the policies of the General
Plan. The8e include emergency water 8torage reservoir, construction
of a 50 million qallon facility by OMWD, provisions for additional
wastewater facilities by parallel 8ewer pipelines and constructing
on-site detention basins to reduce peak 8torm flaws.
6. Open Space and eonservatial Element
The proposed 8ubdivision is in conformance with the goals and
policies of the element. There are no land resources, water
resources, plan~ or animal resources or open space areas identified
for preservation in the General Plan for this site.
7. Safety Element
The project site is considered a 8eismically active area, although
there are no known active faults on or adjacent to the property.
The fire protection facilities and services needed to serve the
project have been reviewed by the Fire Department. Other emergency
service agencies have reviewed the proposed subdivision for
conformance with safety policy. The project will increase the need
for additional police and fire personnel, however, the City is
planning to Illt8t the need with additional revenues provided by the
project.
Pursuant to section 66412.3 of the Subdivision Map ~, the effects of
the tentative map for EastLake Greens Tract 88-3 on the housing needs of
the region has been considered in that the 8ubdivi8ion will provide a
variety of housing types that will 8erve all dSpectS of the OOIlIIIWlity.
The Council has further balanced the need for housing against p.Iblic
service needs of its re8idents and available fiscal and environmental
resource8 in that the City has weighed the fiacal effect8 of the proj~
and finds that it will not deplete current resources and hat further
balanced the environmental effect8 by incorporating mitiqation ..aBureB.
Pursuant to section 66473.1 of the Subdivision Map ~, the EastLake
Greens Tract 88-3 has provided to the extent feasible for future pasBive
or natural heating or cooling opportunities in that the propoBed de8ign
baa a predominant north-south orientation of long, narrow parce18
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~ra\lill9 eut-west orientation of buildings and creating eouthern
exposure for pitdled longitudinal roofs to facilitate 80lar ener\IY.
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Presented by
Approved as to form by
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PlaMIl9
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ADOPTED AND APPROVED BY THE CITY COUNCIL Of THE CITY OF
--...
CHU..A VISTA, CALIFORNIA, this 18 day of July -
19 89 , by the following ~Ie, to-wit: f ... ~
AYES: Coune i hllentlers cox, Malcolm, Moore
NAYES; Couneilmentlers McCandl1aa, Nader
ABSTAIN: Counel1mentlers None
ASSENT: Coune ilmentlers None
._......!:!J~ ::v~"
ATTEST.s4..~;./~~4~
V City Clerk
~
STATE Of CALIFORNIA )
COUNTY Of SAN OEGO ) IS.
CITY OF CHULA VISTA )
I, JENNE M. FULASZ, CMC, CTY CLERK of lhe City of Chulo Vista, Cohfornl
JO HEREBY CERTIFY that the above and foregoing is 0 full, true and correct copy of
RESOLUTION NO. 15200
,and that the IOme has not been ornended or repeal.
ATED
';Ji:....' t .,.
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~..~.,:-;~':;;:'~~~:_.!: -:.~
_..--Y~ --- . .;:.-,,;'"
7:-;"i.....-:J-,. ./'.1- -\- ,'.. ._:,'~;'
/........,. -
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City Clerk
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.JUlY 10, I~O~
ORDINANCE OFFERED BY MAYOR COX, as amended, the reading of the
-text was waived by unanimous consent, passed and approved with
Councilman Malcolm abstaining on the Country Club portion of the
4Ifoning ordinance.
15 PUBLIC HEARING CONSIDERATION OF FINAL EIR-86-4 - EASTLAKE
GREENS (Director of Planning)
a. RESOLUTIOt~ 15197 CERTIFYING FINAL EIR-86-4
GREENS
EASTLAKE
PUBLIC HEARING
PCM-87-7 - CONSIDERATION OF EASTLAKE II
GENERAL DEVELOPMENT PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONS( EASTLAKE
GREENS SECTIONAL PLANNING AREA SPA) PLAN,
EASTLAKE GREENS PUBLIC FACILITIES
FINANCING PLAN, EASTLAKE GREENS DESIGN
MANUAL; EASTLAKE DEVELOPMENT COMPANY
b. RESOLUTION 15198 APPROVING THE EASTLAKE
DEVELOPMENT PLAN
II
GENERAL
ADOPTING AN AMENDMENT TO THE EASTLAKE I
PLANNED COMMUN ITY 0 I STR I CT REGULATIONS TO
ADD EASTLAKE II TO SAID REGULATIONS
FIRST READING
APPROVING THE EASTLAKE GREENS SPA PLAN,
PUBLIC FACILITIES FINANCING PLAN, AND
DESIGN MANUAL
c. ORDINANCE 2317
d. RESOLUTION 15199
.
e. RESOLUTION 15200 APPROVING TENTATIVE SUBDIVISION MAP
PCS-88-3 FOR EASTLAKE GREENS
ADOPTING CEQA FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS FOR EASTLAKE
GREENS
g. RESOLUTION 15202 ADOPTING THE MITIGATION MONITORING REPORT
FOR EASTLAKE GREENS, EIR-86-4
f. RESOLUTION 15201
This being the time and place as advertised, Mayor Cox declared
the public hearing open.
Planning Consultant Doug Reid explained that a Master EIR for all
the EastLake development (including EastLake Greens/Trails) was
completed in February of 1982. In addition, 392.1 acres of
EastLake Greens were reviewed in an EIR prepared for EastLake I in
January 1985. This presentation contains additional information.
and covers effects on the environment which are not specific to
the EastLake Greens/Trails site and those that were not previously
addressed as significant effects.
e
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July 18, 1989
M.r. Reid then introduced Jeanne Munoz, ERC Environmental and
Energy Services, who presented conclusions in the final EIR and
also the findings on the CEQA related documents.
Ms. Munoz noted essentially, the one significant unmitigable "~
impact would be on paper only: air quality. The reason being that
it is in non-conformance. In the San Diego area, a project is
considered to have a significant cumulative air "quality impact if
the project has not been included in the SANDAG Series 5 and 6
Growth Forecast. EastLake Greens and EastLake Trail s were not
included in those forecasts. At the time at which they become
included the project will be in compliance and conformance and it
will no longer be an unmitigable air quality impact.
Councilman Nader noted the unmitigable impact on air quality (on
paper) is a real air quality impact and it is only on paper that
impact will disappear if SANDAG revises it projects and the
implementation plan for meeting quality air standards is revised.
He questioned the exi sting inadequate impl ementation plan and the
need to revise it to be stricter and asked how it is that we
anticipate the implementation plan and the SANDAG forecast will be
revised and therefore, on paper, the air qual ity impacts
unmitigated will go away and somehow remove the same amount of air
pollution that was an unmitigated impact on the EIR.
Ms. Munoz responded that it is confusing, but that what it is, is
that once the SANDAG Series 5 & 6 forecasts are incorporated into
the revised Air Quality Management Plan, this project will be in
compliance with the predictions made in that plan. It will not ""
change air qual i ty at all, but it will be in compl iance and
performance. The point needs to made however, that in large part,
the problems with air quality in San Diego County are a result of
the air quality problems in Los Angeles and there is nothing we
can do about that. "
Mr. Bud Gray, City Consultant, noted he would be discussing the
EastLake 11 General Development Pl an and the EastLake Greens SPA
Plan; Tom Bandy from Willdan would be presenting the EastLake
Greens Public Facilities and Financing Plan and Principal Planner
Ken Lee from the Planning Department would be presenting the
Tentative Map.
Tom Bandy reported on the Eastlake Greens Public Facilities
Financing Plan. He noted that the plan has four key features. It
describes the public facilities needed to serve the project,
on-site and off-side, the estimated costs, the method of
financing, and the phasing of facilities.
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Principal Planner Lee presented his report on the project, noting
the proposed subdivision encompasses 830 acres of land located in
the eastern portion of the City east of 1-805 and south of Otay
Lakes Road. He noted the General lotting of the area including;
Atandard lots, small lots, a ttached product lots, townhouse
-..,J'roduct lots, condominium product lots, high density condominium
lots. Mr. Lee also noted a letter from Kent Aden of EastLake
referring to proposed cl arifications to conditions for EastLake
Greens.
Council discussion followed regarding lot sizes, density, family
sizes; affordabilty of the homes; possibly imposing a moratorium
if development came to outstrip publ ic facil i ties, water
management plans, and land use patterns.
Bob Santos, President, EastLake Development Cogpany, 900 Lane
Avenue, addressed the issues about the General Plan policy as it
relates to achieving density higher than target density shown in
the General Plan. He noted that EastLake, before the Planning
Commission, voluntarily reduced the density of the EastLake
Greens, EastLake I I proposal that was before Council thi s
evening. They will only request density above that level if the
City's newly adopted pol icies are revised and situated to provide
for EastLake's ability to do that.
Katie Wright, Project Manager, EastLake Development presented
slides and transparencies on the EastLake Neighborhood and family
characteristics associated with the EastLake Project. She noted
statistics on buyers, famil ies, needs and household sizes. Al so
.ted were the percentages of first time buyers, move up buyers
d chief reasons why those buyers selected EastLake.
Kent Aden from EastLake noted that there were now over 90
conditions imposed on the SPA Plan and tentative map. He noted
that in the spirit of cooperation EastLake would live up to the
majority those conditions. He requested consideration of
alternative wording and modification to six of those conditions:
1.
Tentative Map #37: requires equal access to Cable TV
franchises. This issue is best dealt on a City-wide basis.
They will be applying for a Cable TV franchise and because of
this they request that Council modify the condition to make
EastLake subject to any new City-wide ordinance or resolution
of this issue. They will be SUbject to this at the time at
which it is adopted.
Tentative Map #64/SPA #2: in regard to the pedestrian
bridge. They don't know if the bridge is warranted or not, it
will require substantial public money to maintain and EastLake
believes it should be included in the Public Facilities
Financing Plan, not as a Tentative Map condition.
2.
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July 18, 1989
3. Tentative Map #38G: Currently states that residential
constructi on tax may be waived for excess park improvements.
EastLake is commi tting to excess park improvements, therefore
would like a commitment from Council to waive the RCT
accordingly.
4. Tentative Map #46/SPA 6: Conflicting conditions regarding
church sites. EastLake would like to clarify they are
currently showing a 4.8 acre site in EastLake Greens for
churches. In addition, there are 12.3 acres in EastLake I and
II. In total, 22 acres will eventually be planned for the
EastLake community.
5. Tentative ~lap #44/SPA #9: relating to low/moderate income
housing. These items must be deferred at this time if Council
accepts the Planning Commission recommendation. EastLake
cannot meet these guidel ines until the effect of the analysis
on the General Plan Policy Section 6.2 and 6.3 as they relate
to the final density of the five high density parcels is
determined.
~
6. Planning Commission Item SPA Condition 13: regarding the
deferral of the density. EastLake supports this condition but
is asking that Council adopt this with a 30 day time frame in
mind with the Task Force to come back with recommendations to
be adopted by Council.
With this in mind, EastLake asked that the project be adopted with
the General Plan Policies as they were adopted last week. ~
Speaking in favor of the EastLake project were:
Richard Esslinger, Postmaster, Chula Vista, 2134 Northshore Drive;
Jackie I~etcalf, 546 Port Harwick; Larry Rehlander, Victory
Lutheran Churchj Peter Watry, speaking for CROSSROADS, 81 Second
Avenue; Fran 0 Meara, 1858 Gamay Terrace; .Josepn lI.ownack, 1891
Gamay Terrace; Scott Ullmann, 2l34-C Northshore Drive; Bob
o I Connell; 2072 I~aterbury Circl e; Joseph Cummings, 1848 Ithaca
Street; Richard Stahley, 30 Woodlawn Avenue.
Collectively, their remarks included the following: Crossroads
does not intend to concede one additional unit to EastLake Greens
and EastLake Trail s; shoul d stick to target density and approve
condition #13, which embodies the Planning Commiss,on's
recommendation and EastLake's proposal; Post Office in process of
negotiation budget, if project is put off for any length of time
it may detrimentally affect ability to procure funds necessary to
construct EastLake Project; EastLake is the best community ever
seen; has di sti ncti ve nei ghborhood and 1 i festyl e; courteous
corporation to work with for land site for churches; EastLake has
Changed Chul a Vista's poor image; increased Ci ty revenue and
increased number of businesses; various amenities are offered;
homes are affordable; large yards; many of the neighbors have
grown up in Chula Vista and moved to Cottage because they could
afford them and still are near their families; pleased that
EastLa~e has voluntarily chosen to reduce the density; insulated
communlty - can give back to community in the form of good
neighbors and citizens; EastLake good project but there is some
concern over private v. fUbl ic parks; woul d 1 ike to give density
transfer to keep from pay ng upkeep of parks.
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Speaking against was Joe Garcia, 484 Fifth Avenue, Chula Vista.
He stated that he was concerned about the water situation. He
-asked if the water situation has been addressed.
.ayor Cox responded that it woul d be addressed on an incremental
asis because a certification would have to be done by the Otay
Water District that they would be able to provide the water
service for thi s project. The Mayor also noted that Councilman
Moore has put together a Water Task Force and that all property
owners are working with the water districts; the Task Force meets
on a monthly basis. The Otay Water District is coming out this
week with water allocations so that the developers know that they
have certain restriction and cannot go beyond that with guaranteed
water rights. .
There being no further public testimony, the public hearing was
closed.
RESOLUTION A OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved by the following
vote to wi t:
AYES:
NO:
Cox, Moore, McCandliss
Malcolm, Nader
RESOLUTION B OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent.
....ouncilwoman r~cCandliss asked if since the bulk of her concerns
.ere on the Tentative Map, would it be possible to adopt the
General Development Plan then possibly, with removing the actual
targltt number for the area, continue the Tentative Map until after
the Task Force reviews that section and bring it back within 30
days. Or, if there was a desire to amend the tentative map, would
they have to go back and amend the SPA Plan, Facilities Financing.
Director Kremfl responded that they could consider the General
Development P an and the SPA Pl an and reserve decision on the
Tentative Map. He noted that if the Tentative Map changed, as far
as density or location of product types, for the most part the
structure woul d still be relevant. The Task Force coul d revi ew
the Land Use Element of the General Plan within a 60 day period of
time.
The Resolution B passed by the following vote:
AYES:
NO:
Cox, Moore, McCandliss
Nader, Malcolm
ORDINANCE C OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, passed and approved by the following
vote to wit:
.ES:
NO:
Cox, Moore, McCandliss, Nader
Malcolm,
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RESOLUTION D OFFERED 3Y MAYOR COX
MOTION
Nader/ to amend the resolution to include an agreement that the
development will conform wi th the Growth Management El ement to
eventually be adopted as part of the Chula Vista General Plan.
Mayor Cox asked if this would be more suitable under Item E - the
Tentati ve Map
Director Krempl responded that it could be placed under whatever
action they felt comfortable with.
MOTION RESTATED
10 amend the resolution to state that EastLake would agree with
whatever Growth Management Element is added into the General Plan;
it would become part of the agreement that the development will
conform with the Growth Management Element that will eventually be
adopted as part of the General Plan.
Councllmember Moore qllestione-a-the -re;;; used; "a-gree" as opposed
to "conform." ~ ,,"VI-- __'Y\.. J-'I.A<j
Councilman Nader clarified that EastLake could decline the
agreement but then the project would not go ahead, so in effect,
it is a requirement that EastLake conform.
Discussion ensued regarding the agreement. Mr. Santos noted that
this is the appropriate legal document to make that kind of
commitment, but suggested it be addressed at that point in time.
In answer to Councilman Nader's question, Mr. Santos responded
they did have a problem in that Council is asking them to take a
considerable risk, as they have done in the past.
Councilman Nader withdrew his motion as to Item D and noted he
would resubmit it as to Item E, but that it should be make clear
at some point tonight that Council is doing this.
VOTE ON THE MOTION, Item D
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The motion carried with Councilman Malcolm voting no.
RESOLUTION E OFFERED BY MAYOR COX as read.
MOTION
(McCandliss/ Nader) that the resolution be continued and returned
at the Council meeting with the report on the General Plan.
Councilman Nader asked for a clarification of the motion.
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Councilwoman McCandliss stateJ that what she would, like the
committee to deal with transfers and bonuses and come back to
Council before approval of the tentative map
_r. Santos stated they were interested in moving ahead, but
~oncerned about the feelings that EastLake had a lack of
commitment. He suggested that the provision of a tract map
condition that requires the development agreement for the project
make EastLake subJect to the Growth Management Policy that will be
adopted by the City in the future. Secondly, that a track map
condition on the project requires that EastLake cannot exceed on a
cumulative basis in the eastern territories 7,426 dwelling units
until such time as the City has updated their Transportation
Phasing Plan, or the Growth Management Plan.
VOTE ON THE MOTION
The motion to continue failed by the foll~wing vote, to wit:
AYES:
NOES:
McCandliss, Nader
Cox, Malcolm, Moore
Mayor Cox noted there was one amendment he would like to make.
MSUC (Cox/Malcolm) that before recording of the final map there
would have to be an agreement executed by the City and by EastLake
resolving the outstanding issues on the public v. private parks as
they relate to EastLake I and EastLake II.
MSUC (Nader/McCandliss) Condition 79 - the development be subject
~o the Growth Management Element of the General Plan in the
Transportation Phasing Plan to be adopted by the City.
Councilman Malcolm noted that he had no problem with item 37 where
EastLake is subject to any new City-wide resolutions regarding
cable television and no problem with item 44 - that conditions
related to low and moderate income housing shall be deferred and
evaluated as a factor in the analysis of the General Plan policies
6.2 and 6.3 as they relate to parcels R-24, R-25, R-26, R-27 and
R-28.
MOTI ON
(Malcolm/Moore) to amend 37 and 44 as per EastLake's request.
Director of Public Works Lippitt noted that Item 37 was put in
because of Council's concern of equal access - it could be changed
_ he recommended taking out the word -City-wide- because we don't
know what the ultimate solution is going to be and it may be
different from the western portion of the City in EastLake.
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AMENDMENT TO MOTION
Councilman Malcolm amended his motion to delete the word
.City-wide"
The motion carried unanimously.
Councilman Malcolm also stated he had a problem with the golf
course. He spoke to Eastlake and they agreed- to do something
other than a private golf course; the general public ought to have
a right to use the open space; Eastlake has an ob1 igation to the
public. He asked the City Attorne1 if Council could leave a
condition where EastLake has to be wl11ing to open up to some type
of public use, to be determined by the City of Chula Vista at a
later date by the Parks & Recreation staff and other gol fing
facilities in EastLake to corne back with some type of
recommendation.
~
Assi stant Ci ty Attorney Rudo1 f, in response to Counci 1 man
Malcolm's question noted that if that condition would be
consistent with what was already approved in Resolutions B, C, and
D; if that issue is not al ready addressed in those provi sions,
then this condition would be inconsistent.
It was noted by Mr. Gray that this would not be inconsistent with
anything Council has acted upon thus far because nothing in the
plans really speak to the private v. public nature of the golf
course.
Mr. Santos noted that EastLake Country C1 ub is envisioned to be a
privately owned and operated Club; it is not a municipal course. "'""
When it is opened in 1991, it will be open for public play for a
period of time which has not yet been determined. The community
has expressed a desire to have this available for a
community-at-1arge use. There will be a CUP for the gol f course
permit and at that time the whole concept of the public v. private
play can be addressed.
MOTI ON
HSUC (Malcolm/Nader) to add this as Condition #80 - prior to any
operation of the Golf Course that an agreement between the City of
Chu1a Vista and Eastlake regarding public play be entered into, to
be considered as part of the procedure with the Conditional Use
Permit.
MSUC (Nader/Moore) Condition #81
Commission's recommendations.
to incorporate the P1 anning
VOTE ON MAP
RESOLUTION E OFFERED BY MAYOR COX, as amended, the reading of the
text was waived by unanimous consent, passed and approved with
Councilman Nader and Councilwoman McCand1iss voting no.
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RESOLUTION F OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent, pa:;sed and afProved with Councilman
Malcolm voting no and Councilman Nader vot ng no on the Statement
of Overriding Considerations.
.RESOLUTION G OFFERED BY MAYOR COX, the reading of the text was
waived by unanimous consent passed and approved with Councilman
Malcolm voting no.
Councilman Moore questioned the Council policy on traffic studies
in future developments.
Director of Public Works Lippitt responded that a traffic study
was done for this plan in the EIR and one will be done when ~unbow
and other major developments come in. The City is automatically
following through on its policy.
Mr. Krempl noted that on the Task Force, while indicating that it
may take 60 days, they woul d be tryi ng to get the group together
as soon as it was authorized by Council and proceed to do it in
the shortest time possible.
Mayor Cox noted the Council should try to make a commitment to
have this issue resolved in the next 60 days.
.a.
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16.
ORAL COMMUNICATIONS - Opportunity for the public to speak to
the City Council on any subject matter within the Council's
jurisdiction but not an item on today's agenda. Each
speaker's presentation may not exceed five minutes.
Mr. Wade R. Guiliani, s2l4 J Street, Chula Vista addressed the
issue of the 706 and 706A buses, the Chula Vista Trolley. He
noted that seniors and handicapped individuals that are having
difficulties accessing those buses. He suggested that perhaps
a study be done to correct these buses to be adequately used
by these individuals.
MSUC (Cox/I~oore) to refer this petition to staff for a report and
evaluation to come back to Council.
b.
Joseph Garcia, 484 Fifth Avenue, Chula Vista, suggested City
invest in a 54 or 60 inch television monitor with a VCR to be
installed in the Council Chamber. City Manager Goss noted the
City ha s tha t capab il i ty and equi pment ready to be used when
needed. .
c.
Paul Green. 141 Lotus Drive. Chula Vista. addressed concerns
regarding an informational item dated February 15. 1989. The
City Manager noted he will send another copy of the response
to his letter that had been sent.
Rick Short Tan. 55 Oxford Street. Chula Vista. requested that
Chula Vista Historical Society consider trees as part of Chula
Vista's history. He cannot get information on certain trees
in the area.
d.
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RESOLUTION NO. 17618
1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AND IMPOSING AMENDMENTS AND
CONDITIONS ON THE EASTLAKE II (EASTLAKE 1 EXPANSION)
GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS
SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE GREENS
AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS
WATER CONSERVATION PLAN AND EAST LAKE GREENS
MASTER TENTATIVE SUBDIVISION MAP (PCS-88-3) AND
ADOPTING MITIGATED NEGATIVE DECLARATION ON 15-94-19
AND MITIGATION MONITORING AND REPORTING PROGRAM
I. RECITALS
A. Project Site
WHEREAS, the properties which are the subject matter of this resolution are
diagrammatically represented in Exhibit 1 and 2 attached hereto and
incorporated by this reference, identified as the EastLake General Development
Plan Area and EastLake Greens SPA Plan Area, and located in part in the City
of Chula Vista ("Project Site") and,
B.
Project; Application for Discretionary Approval
1
WHEREAS, on March 21, 1994, the EastLake Development Company
("Developer") filed applications for an amendment to: 1) the EastLake II
(EastLake I Expansion) General Development Plan, known as document number
C094-183, a copy of which is on file in the office of the City Clerk, 2) the
EastLake Greens Sectional Planning Area Plan, known as document number
C094-184, a copy of which is on file in the office of the City Clerk, 3) the
EastLake Greens Air Quality Improvement Plan, known as document number
C094-185, a copy of which is on file in the office of the City Clerk, 4) the
EastLake Greens Water Conservation Plan, known as document number C094-
186, a copy of which is on file in the office of the City Clerk, and 5) the
EastLake Greens Master Tentative Map, known as document number C094-
187, a copy of which is on file in the office of the City Clerk, ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of
1) a General Development Plan, EastLake II (EastLake I Expansion) General
Development Plan previously approved by City Council Resolution No. 15198
("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously
adopted by City Council Resolution No. 15199; (SPA) and 3) a Tentative
Subdivision Map previously approved by City Council Resolution No. 15200........
(TSM) Chula Vista Tract 88-3, all approved on July 18, 1989; and, 4) an Ai 1
11-30
Exh,b~+
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Resolution No. 17618
Page 2
.
Quality Improvement Plan (Eastlake Greens Air Quality Improvement Plan) and
5) a Water Conservation Plan (EastLake Greens and Water Conservation Plan),
both previously approved by the City Council on November 24, 1992, by
Resolution No. 16898; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said
project on July 27, 1994, and voted to recommend that the City Council
approve the Project. based upon the findings and subject to the conditions
listed below.
E. City Council Record of Applications
WHEREAS. a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on August 16. 1994, on the Discretionary
Approval Applications. and to receive the recommendations of the Planning
Commission. and to hear public testimony with regard to same; and,
F.
Discretionary Approvals Ordinances
.
WHEREAS. at the same City Council meeting at which this Resolution was
approved (August 16, 1994). the City Council of the City of Chula Vista
approved for first reading Ordinance No. 2600 prezoning 22.7 acres of
unincorporated land to P-C (Planned Community) and Ordinance No. 2601
amending the Eastlake II (Eastlake I Expansion) Planned Community District
Regulations Land Use District Map.
NOW. THEREFORE. BE IT RESOLVED that the City Council does hereby find. determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on July 27, 1994, and the minutes and resolutioRs
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION
MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS
A.
Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed, analyzed and
considered Mitigated Negative Declaration on 15-94-19, known as document
number C094-180. a copy of which is on file in the office of the City Clerk,
.
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Resolution No. 17618
Page 3"
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and comments thereon, the environmental impacts therein identified for this
project and the Mitigation Monitoring and Reporting Program ("Program"),
known as document number C094-181, a copy of which is on file in the office
of the City Clerk, thereon prior to approving the Project. Based on the Initial
Study and comments thereon, the Council finds that there is no substantial
evidence that the Project will have a significant effect on the environment and
thereby approves the Mitigated Negative Declaration.
B. Mitigation Monitoring and Reporting Program
The City Council of the City of Chula Vista finds that the significant
environmental effect(s) identified in the Mitigation Negative Declaration will be
reduced to below a level of significance if the mitigation measures in the
Mitigation Monitoring and Reporting Program are implemented. The Mitigation
Monitoring and Reporting Program is hereby approved to ensure that its
provisions are complied with.
IV. CERTIFICATION OF COMPLIANCE WITH CEOA
The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19
and Mitigation Monitoring and Reporting Program have been prepared in accordance
with requirements of the California Environmental Ouality Act, the State EIR."",
Guidelines, and the Environmental Review Procedures of the City of Chula Vista.
V INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that Mitigated Negative Declaration IS-94-19 reflects the
independent judgment of the City of Chula Vista City Council.
VI. GDP FINDINGS
A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL
DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE
CHULA VISTA GENERAL PLAN.
The amended EastLake II (EastLake I Expansion) General Development Plan
reflects land use densities and circulation system design that are consistent
with the Chula Vista General Plan Land Use and Circulation Elements.
B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY
ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS
WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED
COMMUNITY ZONE.
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Resolution No. 17618
Page 4
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A SPA Plan has already been approved for the development of the planned
community and amendments thereto conforming to the amended GDP are
included in the Project.
C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH
DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN
HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER
OF THE SUR.ROUNDING AREA, AND THAT THE SITES PROPOSED FOR PUBLIC
FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE
ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR
ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION
THEREOF.
The residential densities and transfers reflected on the amended GDP are
compatible with the pattern and character of development approved with the
original GDP, and can be adequately served by the public facilities incorporated
therein.
D.
INTHE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH
DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER.ALL
DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND
DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR
INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY;
AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS
ESTABLISHED BY THIS TITLE.
The amendments do not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR
NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE
IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE
PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY
ADVERSE EFFECTS FROM SUCH DEVELOPMENT.
The amendments to the trails program will contribute to a less hazardous and
thus improved recreational amenity which will have less potential to conflict
with surrounding development.
F. THE STREETS AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The revised alignment of E. Orange Avenue .reflected on the amended GDP is
consistent with the alignment approved with the recent General Plan
Amendment for the area.
G.
ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
11-3-3
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Resolution No. 17618
Page 5
ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ""'"'\
ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH
PROPOSED LOCATION(S).
The amendments do not involve areas planned for commercial uses.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVELOPMENT.
The amendments are consistent with the previously approved plans and
regulations applicable to surrounding areas.
VII. SPA FINDINGS
A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY
WITH THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT
PLAN AND THE CHULA VISTA GENERAL PLAN.
The amended EastLake Greens Sectional Planning Area Plan reflects land use,
circulation system, and public facilities that are consistent with the EastLake
II (East Lake I Expansion) General Development Plan and the Chula Vista General
Plan. ~
B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED
WILL PROMOTE THE ORDERLY SEQUENTIALlZED DEVELOPMENT OF THE
INVOLVED SECTIONAL PLANNING AREA.
The SPA Plan, as amended allows, in the context of market demand a more
logical transition of construction within the EastLake Greens Planned
Community, consistent with the phasing of internal and external infrastructure,
and the amendments have been found to be consistent with the EastLake II
(EastLake I Expansion) Public Facilities Financing Plan, Air Quality Improvement
Plan, and Water Conservation Plan.
C. THE OTC SECTIONAL PLANNING AREA PLAN AS AMENDED WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION, OR ENVIRONMENTAL QUALITY.
The land uses within the EastLake Greens SPA area represent the same uses
approved by the EastLake II (EastLake I Expansion) General Development Plan.
VIII. TENTATIVE SUBDIVISION MAP FINDINGS
A.
Pursuant to Government Code Section 66473.5 of the Subdivision Map Ac~
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Resolution No. 17618
Page 6
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the City Council finds that the Tentative Subdivision Map as conditioned herein
for EastLake Greens, Chula Vista Tract No. PCS-88-3 is in conformance with
the elements of the City's General Plan, based on the following:
a. Land Use Element
The General Plan designates the EastLake Greens residential areas for
Low-Medium (3-6 du/ac) density development. The proposed addition
of 22.7 acres at the mid-point of the Low-Medium density range (4.5
du/ac) is consistent with the previously approved land use intensity.
The project, as conditioned, provides a wide landscape buffer along the
north side of E. Orange Avenue, in conformance with landform grading
and scenic highway principles of the General Plan.
b. Circulation Element
All of the on-site and off-site public streets required to serve the
subdivision will be constructed or DIF fees paid by the developer in
accordance with the EastLake Greens Public Facilities Financing Plan and
Development Agreement.
.
Bicycle paths have been incorporated within the EastLake Greens
community area and will be constructed as part of the project.
c.
Housing Element
The proposed project will provide a minimum of 10% affordable housing
including a mix of housing types and lot sizes for single-family,
townhouses, condominium and various apartment densities that will
provide a wide spectrum of housing prices for persons of various
incomes.
d. Parks and Recreation Element
The subdivision will provide approximately 37.4 acres of improvftd
community and neighborhood parks in accordance with locations and
standards of the General Plan. The required park acreage for EastLake
Greens is 26.6 acres.
e.
Public Facilities Element
e
The project is obligated in the conditions of approval to participate in
providing the water facilities, wastewater facilities and drainage facilities
required by the policies of the General Plan.
Public building sites are included within the subdivision; however, these
\ \ - 35
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Resolution No. 17618
Page ;
1
sites will not be affected by the proposed amendment.
f Open Space and Conservation Element
The proposed subdivision is in conformance with the goals and policies
of the General Plan element for this site.
g. Safety Element
The project site is considered a seismically active area, although there
are no known active faults on or adjacent to the property. The fire
protection facilities and services needed to serve the project have been
reviewed by the Fire Department. Other emergency service agencies
have reviewed the proposed subdivision for conformance with safety
policy. The Project, as amended, will not increase the need for
additional police and fire personnel.
h. Noise Element
Noise mitigation measures included in the Environmental Impact Report
SEIR-86-04 and Mitigated Negative Declaration IS-94-19 adequately
address the noise policy in the General Plan. All dwelling units within
the project will be required to be designed so as to not exceed th&1
interior noise level of 45 dBA. Additionally, all exterior private open
space will be shielded by a combination of earth, berm, wall, and/or
buildings to achieve a 65 dBA noise level for outside private areas.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies
that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the
optimum siting of lots for passive or natural heating and cooling opportunities
as required by Government Code Section 66473.1.
D. The site is physically suitable for residential development imd the proposal
conforms to all standards established by the City for such projects.
X. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Discretionary Approvals Amendments which are stated
to be conditioned on "General Conditions" are hereby conditioned as follows:
A.
Project Site is Improved with Project
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Resolution No. 17618
Page 8
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Developer, or their successors in interest, shall improve the Project Site with
the Project as described in the Mitigated Negative Declaration, except as
modified by this Resolution.
B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of, all
mitigation measures pertaining to the Project identified in the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program.
C. Implement the Mitigation Monitoring and Reporting Program
Developer shall implement, or cause the implementation of, all portions of the
Mitigation Monitoring and Reporting Program pertaining to the Project and
Mitigated Negative Declaration IS-94-19 .
D. Update Documents
Twenty-five (25) copies of replacement pages, exhibits, maps and plans
reflecting the amendments approved herein shall be submitted to the Planning
Department within two weeks of approval of this resolution.
.
XI. SPECIAL CONDITIONS OF APPROVAL
A. Sectional Planning Area (SPA) Plan
1. Final assessment and determination of parkland requirements for single
family detached condominium developments shall be conducted during
the Design Review and/or Tentative Map processing stage of each
individual project. Updated cumulative parkland data shall be submitted
with each development proposal to the Director of Parks and Recreation
for review and approval.
2. Final Golf Course Trail and Golf Course Vista Point design shall be
subject to review and approval by the Director of Parks and Recreation
and the Director of Planning. Detailed design information for the .Vista
Points. shall be submitted for review in conjunction with the associated
parcels within which they are located. Said .Vista Points. shall be
improved prior to or concurrently with each development proposal.
B.
Tentative Subdivision Map Conditions
.
Prior to approval of the associated/applicable final map, unless otherwise
indicated, the developer shall:
GENERAL/PRELIMINARY
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Resolution No. 17618
Page 9
1.
Comply with all unfulfilled condition of approval of the Eastlake Greens
Tentative Map, Chula Vista Tract 88-3 established by Resolution No.
15200 approved by Council on July 18, 1989.
"""'\
2. If phasing is proposed within an individual map or through multiple final
maps, submit and obtain approval for a development phasing plan by the
City Engineer and Director of Planning prior to approval of any final map
which includes phasing. Improvements, facilities and dedications to be
provided with each phase or unit of development shall be as determined
by the City Engineer and Director of Planning. The City reserves the
right to conditionally approve each final map with the requirement to
provide improvements, facilities and/or dedications as necessary to
provide adequate circulation and to meet the requirements of police and
fire departments. The City Engineer and Planning Director may, at their
discretion, modify the sequence of improvement construction should
conditions change to warrant such revision.
STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS
3. Dedicate on-site and off-site street right-of-way for the construction of
East Orange Avenue from its intersection with Hunte Parkway to the
westerly subdivision boundary.
4 Design southerly knuckle on Street PP to conform to City design '1
standards.
5. Provide to the City a letter from Otay Municipal Water District indicating
that the assessments/bonded indebtedness for all parcels dedicated to
the City have been paid or that no assessments exist on the parcel(s).
6. Present written verification to the City Engineer from Otay Water District
that the subdivision will be provided adequate water service and long
term water storage facilities.
7. Grant to the City a 10-foot wide utility easement adjacent to the street
right-of-way within the open space lots in Units 4, 10, 12, 15, 18,21-
23, 26, 27,30,31, or as approved by the City Engin~er.
8. Construct an 8' wide sidewalk for the Golf Course Neighborhood Trail
as shown on the EastLake Greens Trails Plan along the following streets:
a. South Greensview Drive - from Clubhouse Drive to Hunte
Parkway.
b. Hunte Parkway - from So. Greensview Drive to the southerly
boundary of Unit 27.
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Resolution No. 17618
Page 10
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c. Clubhouse Drive - along the northerly boundary of Clubhouse
Drive.
Provide additional right-of-way and/or easements as required by the City
Engineer for installation of utilities, street lights, and fire hydrants.
9. Provide for the maintenance of the proposed sewer pump station on
East Orange Avenue in accordance with Council Policy # 570-03
adopted by Resolution 17491. and the Agreement to Provide Sewer
Pump Station Maintenance for the Eastlake Greens and amendments
thereto.
10. Construct South Greensview Drive from the southeasterly limits of Unit
20 to the easterly limits of Unit 38 as shown on the approved revised
tentative map when the Average Daily Trips measured on Silverado
immediately south of Clubhouse Drive exceeds 1200.
.
11. Prior to the approval of each final map for the subject development
acquire all off-site right-of-way necessary for the installation of the
required improvements for that subdivision. Notify the City at least 60
days prior to consideration of a Final Map by City if off-site right-of-way
cannot be obtained for the improvements. (Only off-site right-of-way or
easements affected by Section 66462.5 of the Subdivision Map Act are
covered by this condition).
After said notification the developer shall:
a. Have all easements and/or right-of-way documents and plats
prepared and appraisals complete which are necessary to
commence condemnation proceedings.
b. Deposit with the City the estimated cost of acquiring said right-
of-way or easements. said estimate to be approved by the City
Engineer.
c. Pay the full cost, both direct and indirect. of acquiring off-site
right-of-way or easements required.
The requirements of a,b and c above shall be satisfied prior to approval
of the final map for which the off-site right-of-way or easements are
required.
.
All off-site requirements which fall under the purview of Section
66462.5 of the State Subdivision Map Act will be waived if the City
does not comply with the 120 day time limitation specified in the
section of the Act.
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Resolution No. 17618
Page 11'
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(This condition supersedes Condition of Approval No. 19 for the
Eastlake Greens Tentative Map approved by City Council Resolution No.
15200)
12. Street sections shall be revised to reflect current street design
standards. Street design standards shall be applicable to future streets.
GRADING/DRAINAGE
13. Obtain easements in favor of City for off-site detention basin and storm
basin near East Orange/Hunte Parkway intersection as required by City
Engineer.
14. Grade 20 foot wide landscape buffer along East Orange Avenue at 5.1
ratio.
15. Relocate detention basin storm drain outlet beyond toe of southerly
slope of East Orange Avenue grading.
16. Provide energy dissipators at all storm drain outlets as required by the
City Engineer to maintain non-erosive flow velocities.
17. Design and line desilting basins with concrete to the satisfaction of the'i
City Engineer.
18. Provide an updated soils report or an addendum to the original document
prepared by a registered engineer, as required by the City Engineer.
OPEN SPACE/ASSESSMENTS
19. Agree to grant in fee to the City public access easements over paved
walkways to Golf Course Trail vista points as approved by the City
Engineer and the Director of Parks & Recreation Department.
20. Request annexation into Eastlake Maintenance District #1 of all areas
within the tentative map boundary not currently included in the district
prior to approval of the first final map which includes said areas.
Deposit $3,000 to initiate annexation proceedings. Pay all costs of
proceedings.
21. Grant in fee to the City all open space lots shown on the approved
tentative map to be granted to the City and execute and record a deed
for each lot.
22. Submit a list of all facilities located on open space lots proposed to bl i
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Resolution No. 17618
Page 12
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maintained by the existing Eastlake Maintenance District No.1. This list
shall include a description, quantity and unit price per year for the
perpetual maintenance of all facilities located on open space lots to
include but not be limited to: walls, fences, water fountains, lighting
structures, paths, access roads. drainage structures and landscaping.
Only those items on an open space lot are eligible for open space
maintenance. Each open space lot shall also be broken down by the
number of acres of turf, irrigated, and non-irrigated open space to aid
the estimation of a maintenance budget thereof.
23. Design landscape buffer for erosion control adjacent to the right-of-way
of East Orange Avenue with plant species requiring no permanent
irrigation and maintain/replace plantings as necessary for an
establishment period of one year or as extended by the City Landscape
Architect. City Engineer and Director of Parks &. Recreation. Prior to
approval of the preliminary landscaping plans, which include portions of
or the entire landscape buffer, provide to the City a bond in an amount
approved by the City Landscape Architect to guarantee installation
maintenance of said landscaping.
.
24. Pay additional fees on a fair-share basis into the Assessment District
Numbers 90-3, 91-1 or other applicable assessment districts due to
additional units approved subsequent to District formation.
25. Make payment to reduce the debt on any parcels whose density is lower
than assumed for the assessment districts at the time of District
formation.
26. Pay all costs associated with apportionment of assessments for all City
assessment districts as a result of subdivision of lands within the project
boundary. Request apportionment and provide a deposit to the City
estimated at $40/unit/district to cover costs prior to approval of a final
map for the unit being finaled.
27. Prepare a disclosure form to be signed by the home buyer
acknowledging that additional fees have been paid into the Assessment
District or the Transportation OIF Fund, and that these additional fees
are reflected in the purchase price of the home for those units which
have a density change from that indicated in the assessment district's
Engineer's Report.
28. Submit all disclosure forms for the approval of the City Engineer.
.
29. The configuration of open space lot .000. shall be maintained as
originally approved.
30. The Tentative Subdivision Map shall be revised to incorporate a 75'
'I_iff
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Resolution No. 17618
Page 13
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wide (average) landscape buffer along the north side of East Orange
Avenue.
31. The 75' wide landscape buffer along East Orange Avenue shall be
graded in accordance with City landform grading principles and shall be
subject to review and approval by the City landscape Architect. A
landscape plan(sl for the subject scenic highway buffer shall be
submitted to the City landscape Architect prior to or concurrently with
the first Tentative Subdivision Map or other site plan review application
submitted for Parcel R-l0 or R-12.
AGREEMENTS
Enter into an agreement with the City whereby the developer agrees to:
32. Defend. indemnify and hold harmless the City and its agents. officers
and employees. from any claim. action or proceeding against the City.
or its agents, officers or employees to attack. set aside. void or annul
any approval by the City. including approval by its Planning Commission.
City Council or any approval by its agents. officers. or employees with
regard to this subdivision provided the City promptly notifies the
subdivider of any claim. action or proceeding and on the further
condition that the City fully cooperates in the defense.
""""
33. Hold the City harmless from any liability for erosion. siltation or increase
flow of drainage resulting from this project.
34. Insure that all franchised cable television companies ("Cable Company")
are permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision. Restrict access to
the conduit to only those franchised cable television companies who are.
and remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other rules.
regulations. ordinances and procedures regulating and effecting the
operation of cable television companies as same may have been, or may
from time to time be issued by the City of Chula Vista.
35. Comply with the terms and conditions of the Acquisition/Financing
Agreement for Assessment district 94-1, CO 94-064, approved by
Council Resolution R17483 8S said terms and conditions may be
applicable to this development.
MISCEllANEOUS
36. Tie the boundary of the subdivision to the California System -Zone VI
(1983).
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Resolution No. 17618
Page 14
.
37. Submit copies of Final Maps in a digital format such as (DXF) graphic file
prior to approval of each Final Map. Provide computer aided Design
(CAD) copy of the Final Map based on accurate coordinate geometry
calculations and submit the information in accordance with the City
Guidelines for Digital Submittal in duplicate on 5-1/2 HD floppy disk prior
to the approval of each Final Map.
38. Update the Eastlake Greens Public Facilities financing Plan as required
by Chapter V of said approved document.
39. Fire hydrants shall be installed and operable and fire access roads shall
be usable prior to delivery of any combustible construction materials.
40. A wildland fuel modification program may be required on interface areas
between residences and open space.
XII. CODE REOUIREMENT REMINDERS
.
1.
Comply with all applicable sections of the Chula Vista Municipal Code.
Preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista current
standards. Subdivision Ordinance and Subdivision Manual.
2. Fire flow of 1.000 gpm shall be maintained within the Project area.
3. Fire Department access roads shall be a minimum of 20' wide and constructed
with an all-weather driving surface.
XIII. CONSE~UENCE OF FAILURE OF CONDITIONS
XIV.
.
If any of the foregoing conditions fail to occur, or if they are. by their terms. to be
implemented and maintained over time. if any of such conditions fail to be so
implemented and maintained according to their terms. tha City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of all
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a successor in interest by the
City's approval of this Resolution.
NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
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Resolution No. 17618
Page 15
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XV. INVALIDITY, AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provisions or conditions are
determined by a Court of competent jurisdiction to be invalid. illegal or unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
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Presented by
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Robert A. Leiter
Director of Planning
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Resolution No. 17618
Page 16
.
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Page 17
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Resolution No. 17618
Page 18
.
PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista.
California. this 16th day of August, 1994, by the following vote:
YES: Councilmembers:
Fox, Horton. Moore. Rindone, Nader
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
None
/'"' -/7 /,./
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Tim Nader, Mayor
ATTEST:
.
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Beverly . Authelet, City Clerk
STATE OF CALIFORNIA I
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA I
I, Beverly A. Authelet. City Clerk of the City of Chula Vista. California. do hereby certify that
the foregoing Resolution No. 17618 was duly passed. approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 16th day of August.
1994.
Executed this 16th day of August, 1994.
~lA>. tl a7;4!1I~
Beverly A Authelet, City Clerk
.
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Minutes
August 16, 1994
Page 4
~
parcels of the EastLake Greens General Plan Amendment whicb take access from the intemal circulation of the
EastLake Greens Planned Community (northeast of the SDG&E transmission lines); (2) Improve the spatial and
functional relationship of residential density/product distribution within the EastLake Greens Planned Community
area; and (3) Update the EastLake Greens SPA Plan and supplementary documents 10 reflect current utistics and
technical refinements based on site plan approvals and market considerations. Staff recommends Council place the
ordinances on first reading and approve the resolution. (Direclor of Planning)
A. ORDINANCE 2600 APPROVING THE PREZONlNG OF 12.7 ACRES OF UNINCORPORATED
LAND TO P-C PLANNED COMMUNITY AND ADOFfING MITIGATED NEGATIVE DECLARATION
ON 18-114-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO (first readilll!l
B. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE n (EASTLAKE I
EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY)
AND ADOFfING MITIGATED NEGATIVE DECLARATION ON 18-114-19 AND MITIGATION
MONITORING AND REPORTING PROGRAM THERETO (first readilll!l
C. RESOLUTION 17618 APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON
THE EASTLAKE U (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE
GREENS SECTIONAL PLANNING AREA PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT
PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER
TENTATIVE SUBDIVISION MAP AND ADOFfING MITIGATED NEGATIVE DECLARATION OF 18-94-
19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO
Ken Lee, Assistant Direclor of Planning, summarized tbe issues involved with the project. Condition BC of the
ordinance referred 10 the north side of parcel R27 (trail system) and should be corrected 10 read the north side of
Clubhouse Drive.
. . . Councilmember Horton arrived at 6:26 p.m. · · ·
Mayor Nader stated the Resource Conservation Commission minutes should have been included in the packet. He
bad read the minutes whicb reflected a S-O vote for the mitigated neaalive declaration.
'"'"
This beina the time and place as advertised, tbe public bearing was declared open.
. Bruce Sloan, 900 LaDe Avenue, 1100, Cbula Vista, CA, representing EastLake Development Company,
coocurred with the staff recommendations.
There beina no further public testimony, the public bearing was closed.
ORDINANCES 2600 AND 2601 PLACED ON FIRST READING AND RESOLUTION 17618 OFFERED BY
COUNCILMEMBER HORTON, readiDll of the text WlIS waived, passed and approved unanimously.
13. PUBLIC HEARING CONSIDERATION OF PROGRAM CHANGES OF RESIDENTIAL YARD
WASTE RECYCLING SERVICES FROM AN OFfIONS PROGRAM TO A UNIVERSAL MANDATORY
RATE STRUCTURE - The City's residential yard waste collection program began 1/1/94 as a unique .options.
program which allows single-family residents the choice of bow they will participate, based on their own ."O-"D""t
of their yard waste needs. A review of the participation, costs, and revenue of the first AX months of the voluntary
.options. program IIbow that costs are far exceeding revenue and continuation of the program is ciet-dent upon
a rate adj_t 10 cover collection and processing costs. Ldten -... received from Laidlaw requesting
consideration of an .-dment 10 the yard waste fee structure effective 9/1/94 which would involve a change 10
a univeraalmandatory rate IInICture 10 be apread 10 all single-family residents. Staff recommends -wroval of the
resolution. (Deputy City Manager Krempl)
RESOLUJ'ION 17619 APPROVING A UNIVERSAL RESIDENTIAL YARD WASTE
COLLECTION RATE CHANGE TO $1.48 PER SINGLE-FAMILY HOME
~
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,
CHULA VISTA TRACT NO. 8S-3A
· EASTLAKE aOUTH GREENS
UNIT NO. 3 _ NORTH HALF t
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nIB CI1Y OF aiUlA VISTA DJsa.osURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign "'"'t
contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and '
all other official bodies, The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Western Salt Comnanv
EastLake Development Companv
Fieldstone Communities. Inc.
2. Ifany person" identified pursuant to (1) above is a corporation or partnership,list the names of all Individuals owning
more than 10% of the shares in the corporation or owning any partnership Interest In the partnership.
3. If 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
"'"'t
4. Have you had more than S2S0 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes_ NoXX If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or Independent contractors who
you have assigned to represent you before the City in this matter.
Rick Engineering
6. Have you and/or your officers or agents, In the aggregate, contributed more than SI,ooo to a CounclJmember In the
current or preceding election period? Yes_ No..,n If yes, state which CouilclJmember(s):
· · · (NO'IE: Attad1 8dditiollal pap . I-
"'"'
Date:
SePtember 12. 1994
Brian J. Milich. Prnip-~~ M~n~i~T
If _ 5 0 Print or type name of contractor/applicant
Fieldstone Communities. Inc.
· fe2aildefind tIS: "Ally batlivitbuJ/,jims. eo.parrnenNp,joinl~ r ......" >>d4I dub,/fwmull-~ l--! '9 ""'J'O'~..,..... receiw:r, ~
INs tIIIJI ""JI oW:r -'Y, dIy tIIIJI <OUIID)>. city rrwnidpdiIy. disrria, or oW:r po/iIictJ/ IUI>dMIion, or ""JI oW:r IfO'IP or ~ ......,.. . UIIiL'
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RESOLUTION NO..JJ \." 1lc
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 88-3A, EASTLAKE SOUTH GREENS UNIT 3
(NORTH HALF), ACCEPTING ON BEHALF OF THE
PUBLIC THE PUBLIC STREETS DEDICATED ON SAID
MAP, REJECTING ON BEHALF OF THE CITY OF CHULA
VISTA THE OPEN SPACE LOT GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 88-3A, EASTLAKE SOUTH GREENS UNIT 3
(NORTH HALF), and more particularly described as follows:
Being a subdivision of a portion of Rancho Janal,
according to Map thereof No. 989 recorded May 21, 1906 in
Book a, Page 89 of Patents, Records of San Diego County,
in the City of Chula Vista, County of San Diego, State of
California.
Area: 9.847 acres
Numbered Lots: 51
No. of Lots: 52
Lettered Lots: 1
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: portions of
Silverado Drive and pinehurst Road, and said streets are hereby
declared to be public streets and dedicated to the public use.
BE IT FURTHER RESOLVED that Lot A is hereby rejected for
Open Space.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the city of Chula vista the easements with the right
of ingress and egress for visibility and street tree planting and
maintenance, general utility easement within Open Space Lot A, all
as granted and shown on said map within said subdivision, subject
to the conditions set forth thereon.
1
1//1 ~ I
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said council; that said Council
has approved said subdivision map, and that said public streets are
accepted on behalf of the public as heretofore stated and that said
lot is dedicated for Open Space and other public uses and is
rejected on behalf of the City of Chula vista and that those
certain easements with the right of ingress and egress for the
construction and maintenance of street tree planting, as granted
thereon and shown on said map within said subdivision is accepted
on behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1994, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
John P. Lippitt, Director of
Public Works
OJ)
Presented by
, city
C:\rs\Southgre.ene
2
/IA -;t.
RECORDING REQUESTED BY
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency of less than a fee interest for
which no cash consideration has been paid or
received.
Declarant
Above Space for Recorder's Use
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
1994, by and between THE CITY OF CHULA VISTA, a municipal corporation,
hereinafter called "City", and FIELDSTONE COMMUNITIES, INC., 5465 Morehouse
Drive, Suite 250, San Diego, California 92121 hereinafter called "Subdivider";
W!INESSEIH
WHEREAS, Subdivider is about to present to the City Council of the City of
Chula Vista for approval and recordation, a final subdivision map of a proposed
subdivision, to be known as EAST LAKE SOUTH GREENS UNIT 3 (NORTH HALF)
pursuant to the provisions of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating
to the filing, approval and recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally approved by the
Council of the City of Chula Vista, Subdivider must have either installed and completed
all of the public improvements and/or land development work required by the Code to
be installed in subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder of San Diego
County, or, as an alternative thereto, Subdivider shall enter into an agreement with City,
secured by an approved improvement security to insure the performance of said work
pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing
to install and complete, free of liens at Subdivider's own expense, all of the public
improvements and/or land development work required in said subdivision within a
definite period of time prescribed by said Council, and
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WHEREAS, Subdivider is willing in consideration of the approval and recordation
of said map by the Council, to enter into this agreement wherein it is provided that
Subdivider will install and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed subdivision and will
deliver to City improvement securities as approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore been approved,
subject to certain requirements and conditions, as contained in Resolution No. 15200,
approved on the day of , 1994 ("Tentative Map Resolution"),
and Resolution No 17618; and
WHEREAS, complete plans and specifications for the construction, installation
and completion of said pUblic improvement work have been prepared and submitted
to the City Engineer, as shown on Drawings Nos. 94-271 through 94-276 inclusive, on
file in the office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public improvements
according to said plans and specifications has been submitted and approved by the
City in the amount of $534,000.00.
NOW, THEREFORE, IT IS MUTUAllY UNDERSTOOD AND AGREED AS
FOllOWS:
1 Subdivider, for itself and his successors in interest, an obligation the burden
of which encumbers and runs with the land, agrees to comply with all of the terms,
conditions and requirements of the Tentative Map Resolution; to do and perform or
cause to be done and performed, at its own expense, without cost to City, in a good
and workmanlike manner, under the direction and to the satisfaction and approval of
the City Engineer, all of the public improvement and/or land development work required
to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the
necessary materials therefore, all in strict conformity and in accordance with the plans
and specifications, which documents have heretofore been filed in the Office of the City
Engineer and by this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will
be installed within thirty (30) days after the completion and acceptance of the
Improvement Work, and that Subdivider has installed or will install temporary street
name signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of
this contract to be done on or before the third anniversary date of Council approval of
the Subdivision Improvement Agreement.
-2-
)J!i''/-
4 It is understood and agreed that Subdivider will perform said Improvement
Work as set forth hereinabove, or that portion of said Improvement Work serving any
buildings or structures ready for occupancy in said subdivision, prior to the issuance of
any certificate of clearance for utility connections for said buildings or structures in said
subdivision, and such certificate shall not be issued until the City Engineer has certified
in writing the completion of said public improvements or the portion thereof serving said
building or structures approved by the City; provided, however, that the improvement
security shall not be required to cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the
performance of said Improvement Work, Subdivider will conform to and abide by all of
the provisions of the ordinances of the City of Chula Vista, and the laws of the State
of California applicable to said work.
6 Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of the agreement, an approved improvement security
from a sufficient surety, show sufficiency has been approved by the City in the sum of
TWO HUNDRED SIXTY SEVEN THOUSAND DOLLARS AND NO CENTS
($267,000.00)
which security shall guarantee the faithful performance of this contract by Subdivider
and is attached hereto, marked Exhibit "A" and made a part hereof
7 Subdivider further agrees to furnish and deliver to the City of Chula Vista
simultaneously with the execution of this agreement, an approved improvement security
from a sufficient surety, whose sufficiency has been approved by the City in the sum
of TWO HUNDRED SIXTY SEVEN THOUSAND DOLLARS AND NO CENTS
($267,000.00)
to secure the payment of material and labor in connection with the installation of said
public improvements, which security is attached hereto, marked Exhibit "8" and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security
from a sufficient surety, whose sufficiency has been approved by the City in the sum
of TEN THOUSAND DOLLARS AND NO CENTS ($10,000) (per private engineer's
estimate) to secure the installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the
time agreed herein, the sums provided by said improvement securities may be used
by City for the completion of the Improvement Work within said subdivision in
accordance with such specifications herein contained or referred, or at the option of the
City, as are approved by the City Council at the time of engaging the work to be
performed. Upon certification of completion by the City Engineer and acceptance of
said work by City, and after certification by the Director of Finance that all costs hereof
are fully paid, the whole amount, or any part thereof not required for payment thereof,
may be released to Subdivider or its successors in interest, pursuant to the terms of the
-3-
)/A-5
improvement security Subdivider agrees to pay to the City any difference between the
total costs incurred to perform the work, including design and administration of
construction (including a reasonable allocation of overhead), and any proceeds from
the improvement security
10 It is also expressly agreed and understood by the parties hereto that in no
case will the City of Chula Vista, or any department, board or officer thereof, be liable
for any portion of the costs and expenses of the work aforesaid, nor shall any officer,
his sureties or bondsmen, be liable for the payment of any sum or sums for said work
or any materials furnished therefore, except to the limits established by the approved
improvement security in accordance with the requirements ofthe State Subdivision Map
Act and the provisions of Title 18 of the Chula Vista Municipal Code.
11 It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses)
incurred by City in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the cost of street signs
and street trees as required by City and approved by the City Engineer shall be paid
by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work
is fully completed and accepted by City, Subdivider will be responsible for the care,
maintenance of, and any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood and agreed that
Subdivider shall guarantee all public improvements for a period of one year from date
of final acceptance and correct any and all defects or deficiencies arising during said
period as a result of the acts or omission of Subdivider, its agents or employees in the
performance of this agreement, and that upon acceptance of the work by City,
Subdivider shall grant to City, by appropriate conveyance, the public improvements
constructed pursuant to this agreement; provided, however, that said acceptance shall
not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or
employee thereof, shall not be liable for any injury to person or property occasioned by
reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect and hold the City, its
officers and employees, harmless from any and all claims, demands, causes of action,
liability or loss of any sort, because of or arising out of acts or omissions of Subdivider,
its agents or employees, or indemnitee, related to this agreement; provided, however,
that the approved improvement security shall not be required to cover the provisions
of this paragraph. Such indemnification and agreement to hold harmless shall extend
to indemnification and agreement to hold harmless shall extend to damages to adjacent
or downstream properties or the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages resulting from
diversion of waters, change in the volume of flow, modification of the velocity of the
-4-
I/A-~
water, erosion or siltation, or the modification of the point of discharge as the result of
the construction and maintenance of drainage systems. The approval of plans
providing for any or all of these conditions shall not constitute the assumption by City
of any responsibility for such damage or taking, nor shall City, by said approval, be an
insurer or surety for the construction of the subdivision pursuant to said approved
improvement plans. The provisions of this paragraph shall become effective upon the
execution of this agreement and shall remain in full force and effect for ten (10) years
following the acceptance by the City of the improvements.
14 Subdivider agrees to defend, indemnify, and hold harmless the City or its
agents, officers, and employees from any claim, action, or proceeding against the City
or its agents, officers, or employees to attack, set aside, void, or annul, an approval of
the City, advisory agency, appeal board, or legislative body concerning a subdivision,
which action is brought within the time period provided for in Section 66499.37 of the
Government Code of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
SUBDIVIDER: FIELDSTONE COMMUNITIES, INC.
Mayor of the City of Chula Vista
tp ~t-L
ATTEST
City Clerk
By' Brian J Milich
Vice rfpicl~t
A::>~i ~-f t\j\.-t .5e.cre fC'''-r
Approved as to form by
4-t1t.~
City Attorney
(Attach Notary Acknowledgement)
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1/ A-1
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount:
$267,000.00
Exhibit "B"
Improvement Security - Material and Labor.
Form:
Bond
Amount:
$267,00000
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$10,000.00
Securities approved as to form and amount by
1Lt1t.~
City Attorney
Improvement Completion Date: Three (3) years from date of Council approval of the
Subdivision Improvement Agreement
-6-
II A-~
EXECUTED IN TRIPLICATE
File No.: E:: 'i - ~ "H~
BOND FOR FAITHFUL PERFORMANCE
Bond No. III 1930 9620
Premium $6,675.00
WHEREAS, the City Council of the City of Chula Vista, County of San Diego,
State of California, and Fieldstone Communities. Inc.
(hereinafter "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
, 19_, and identified as r~oject EastLake South Greens Unit 3
, is hereby referred to and made a part hereof; and,
WHEREAS, said Principal is required under the terms of said agreement to
furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Fireman' s Fund Insurance Companv
, a corporation of the State of California
(hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal
corporation (hereinafter "City") in the County of San Diego, State of California, and to and for
the benefit of any and all persons who may suffer damages by breach of the conditions hereof,
in the penal sum of Two hundred sixtv seven thousand and no/lOO-------------dollars
($ 267.000.00 ), lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,
jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bound Principal, his or
its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on his or their part, to be kept
and performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless City, its officers, agents
and employees, as therein stipulated, then this obligation shall become null and void; otherwise
it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be
taxed as costs and included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In addition to the acts bonded for pursuant to the agreement incorporated above,
the following acts and performances are additionally subject to the terms of this agreement:
None
(Si&natures on reverse side.)
lJ A-9
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on September 14 , 19...2!..
ITIES INC.
FIREMAN'S FUND INSURANCE COMPANY
~
,,' /7Ll-fl ';;) ~)k-;/:2.;/ ~ L'~'
-.~ .
~(IGJ\. '>\
0\~~~ At)~1 j(".C
P. 'pal)
nnel
Pamela M. Androsko. Attorney-in-Fact
Surety
(Above-signatories must be notarized.)
Approved as to form:
lj~ 1ft. L~,~
City AttdJey
(pW-E-34)
\\~ # 10
,
EXECUTED IN TRIPLICATE File No.: e. --(- 3q 'B
Bond No. III 1930 9620
Premium included in charge
BOND FOR MATERIAL AND LABOR for Performance Bond
WHEREAS, the City Council of the City of Chula Vista, County of San Diego,
State of Califomia, and Fi~ln~t-nn'::' ("'nmmnnit-ij:loR Tnt""
(hereinafter "Principal") have entered into an agreement whereby Principal agrees to install and
complete certain designated public improvements, which said agreement, dated
, 19_, and identified as project EastLake South Greens Unit 3
, is hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, Principal is required, before
entering upon the performance of the work, to file a good and sufficient payment bond with the
City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing
with Section 3082), Part 4, Division 3, of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and Fireman's Fund Insurance Company
,a corporation of the State of
California (hereinafter "Surety"), are held and firmly bound unto the City of Chula
Vista, a municipal corporation in the State of Califomia,(hereinafter "City"), and all contractors,
subcontractors, laborers, materialmen and other persons employed in the performance of the
aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of _
Two hundred ,,;xtv seven thousand and no/lOO---dollars($267.000.00 ),lawful
money of the United States, for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that said Surety
will pay the same in an amount not exceeding the amount hereinabove set forth" and also in
case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed
as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit
of any and all persons, companies and corpora~ons entitled to file claims under Title 15
(commencing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the agreement or to the work to be performed thereunder
or the specifications accompanying the same shall in anywise affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
(SigDalures on reverse side.)
\\ ~ - \ \
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on Spnrpmher ]4 , 19....2!...
INC.
FIREMAN'S FUND INSURANCE COMPANY
,~,2OJ~"}rS2L~N
nl~ I Cc./\ ~j
fYl~(( /.-.. ~S':>+ :~-('
Principal I
Pamela M. Androsko, Attorney-in-Fact
Surety
(Above-signatories must be notarized.)
Approved as to form:
tL~~~
(pW-E-34)
\ \ {\..,\9-
EXECUTED IN TRIPLICATE
File No.: E"i<~9~
Bond No. III 1930 9638
Premium $250.00
SURVEY MONUMENT INSTALLATION BOND
LET IT BE KNOWN BY THESE PRESENTS, that Fieldstone Communities, Inc.
as the subdivider (hereinafter "Principal"), and Fireman's Fund Insurance Company
, a corporation of the State of California
(hereinafter "Surety"), are held and finnly bound unto the City of Chula Vista, a municipal
corporation, in the County of San Diego, State of California, and to and for the benefit of any
and all persons who may suffer damage by reason of the breach of the conditions hereof, in the
penal sum of Ten thousand and no/lOO--------------------------------------------
dollars ($ 10.000.00
of Chula Vista.
) lawful money of the United States, to be paid to the said City
WHEREAS, Principal is presently engaged in subdividing certain lands to be
known as EastLake South Greens Unit 3
subdivision in the City of Chula Vista, in accordance with the Contract for Completion of
Improvements authorized by Council Resolution No. ; and,
WHEREAS, Principal desires not to install durable monuments prior to the
recordation of the final map of the subdivision and desires to install same at a later date,
NOW, THEREFORE, the condition of the above obligation is that if Principal
shall have installed durable monuments of the surve,y by
(N.... of &aiD=)
in accordance with the final map of said subdivision, a copy of which is on me with the City
Engineer of the City of Chula Vista, reference to which said map is hereby made and same is
incorporated herein as though set forth in full, and according to the ordinances of the City of
Chula Vista in force and effect at the time of giving of this bond, on or before the expiration
of thirty (30) consecutive days following completion and acceptance of public improvements
within said subdivision, then the obligation shall be void, otherwise to be and remain in full
force and effect.
,
(Signatures on reverse side.)
\ \ \\ ~ \3
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on September 14 , 19-2i..
FIELDSTONE C
INC.
FIREMAN'S FUND INSURANCE COMPANY
'Pt I c..A ~
Q?~ 0-2< J/)21ii)
i"l J'vc~. )o:J S.=:c
Principal /
Pamela M. Androsko. Attornev-in-Fact
Surety
(Above-signatories must be notarized.)
Approved as to form:
Ii- ~'A~
(pW-E-34)
\ \ ~- It(-
RESOLUTION NO. \ I~ 11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT REQUIRING DEVELOPER TO
COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF
RESOLUTIONS NO. 15200 AND 17618 APPROVING A
TENTATIVE SUBDIVISION MAP FOR EASTLAKE GREENS,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, on July 18, 1989, by Resolution 15200, the City
Council approved the Tentative Subdivision Map for Chula vista
Tract 88-3, Eastlake Greens; and
WHEREAS, on August 16, 1994, by Resolution 17618, the
City Council approved an amendment to the Eatlake Greens Tentative
Subdivision Map, Chula vista Tract 88-3A; and
WHEREAS, the purpose of the amended Tentative Subdivision
Map was to reconfigure the phasing of the original development; and
WHEREAS, Tentative Map Condition of Approval No. 30 (from
the original Tentative Map) required the developer to enter into an
agreement whereby the developer agrees that the city may withhold
building permits for any units in the subject subdivision if
traffic on Otay Lakes Road, Telegraph Canyon Road, Eastlake
Parkway, or East "H" Street exceed the levels of service identified
in the city's adopted thresholds; and
WHEREAS, Condition 31(c), also from the original
Tentative Map, required the developer to agree to waive the right
to protest the formation of any assessment district for the
construction of street improvements to connect Orange Avenue and
Palomar Street to existing improvements to the west of the subject
property and to not protest inclusion of the subject improvements
as projects in the Eastern Territories Development Impact Fee
system; and
WHEREAS, Tentative Map Conditions of Approval 32, 33 and
34 are from the amended tentative map and Condition 32 required the
developer to enter into an agreement to indemnify and hold harmless
the City from any claims, actions or proceedings against the City
to attack, set aside, void ar annul any approval by the city with
regard to the subject SUbdivision; and
WHEREAS, Condition No. 33 required the developer to enter
into an agreement to indemnify and hold harmless the City from any
liability for erosion, siltation, or increased flow of drainage
resulting from the subject subdivision; and
1
II B-1
IL,~
WHEREAS, Condition No. 34 required the developer to enter
into an agreement with the city relating to the provision of
franchise cable television services; and
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agreement to satisfy these requirements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve Supplemental Subdivision
Improvement Agreement requiring Developer to comply with certain
unfulfilled conditions of Resolutions No. 15200 and 17618 approving
a tentative subdivision map for Eastlake Greens, 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 for and on behalf of the City of Chula vista.
Presented by
Approved as
4-1h.
John P. Lippitt, Director of
Public Works
Bruce M. Boogaa d, City
Attorney
C:\rs\unit3.ElG
2
/Ia - ~
RECORDING REQUESTED BY'
City Clerk
WHEN RECORDED MAIL TO'
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been
paid or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
EastLake South Greens Unit 3 (North Half)
(T.M. Conditions 30 and 31C, Tract 88-3 and
T.M. Conditions 32, 33, and 34, Tract 88-3A)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made
this day of , 1994, by and between THE CITY OF
CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and
Fieldstone Communities, Inc., a California Corporation ("Developer" or "Grantor"), with
reference to the facts set forth below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in
Chula Vista, California, more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property") The Property is part of a project commonly known as
EastLake South Greens Unit 3 (North Half).
August 24. 1994
Supp. SIA for EastLake South Greens Unit 3 (North Half)
Page 1
))8-3
B. Developer has applied for and the City has approved a Tentative
Subdivision Map and Amended Tentative Subdivision Map commonly referred to as
EastLake Greens Chula Vista Tract 88-3 and 88-3A, respectively ("Tentative
Subdivision Map") for the subdivision of the Property
C The City has adopted Resolution No. 15200 (Tract 88-3) and Resolution
No. 17618 (Tract 88-3A) ("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly described in the
Resolutions. The description of the conditions in this recital section of this Agreement
is intended only to summarize and paraphrase such conditions in the Resolutions, and
is not intended herein to modify or explain them, and is not intended as a basis for
interpreting them.
D Condition No. 30 of Resolution No. 15200 requires the Developer to enter
into an agreement with the City for the withholding of building permits if traffic in Otay
Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed
the level of service identified in the City's adopted thresholds.
E. Condition No. 31 C of Resolution No. 15200 requires the Developer to
enter into an agreement with the City wherein Developer agrees to not protest the
formation of an assessment district for the construction of street improvements to
connect Orange Avenue and Palomar Street to existing improvements west of EastLake
Greens and to not protest inclusion of the subject improvements as projects in the
Eastern Territories Development Impact Fee System.
F Condition No. 32 of Resolution No. 17618 requires the Developer to enter
into an agreement to indemnify and hold harmless the City from any claims, actions or
proceedings against the City to attack, set aside, void or annul any approval by the City
with regard to the EastLake South Greens Unit 3 (North Half) Subdivision.
G. Condition No. 33 of Resolution No. 17618 requires the Developer to enter
into an agreement to indemnify and hold harmless the City from any liability for erosion,
siltation, or increased flow of drainage resulting from the EastLake South Greens Unit
3 (North Half) project.
H. Condition No. 34 of Resolution No. 17618 requires the Developer to enter
into an agreement with the City relating to the provision of franchise cable television
services as more particularly set forth in Condition No. 34
I City is willing, on the premises, security, terms and conditions herein
contained to approve the Final Map for which Developer has applied commonly known
as EastLake South Greens Unit 3 (North Half) as being in substantial conformance with
the Tentative Subdivision Map and Amended Tentative Subdivision Map for the territory
of such Final Map
August 24. 1994
Supp. SIA for EastLake South Greens Unit 3 (North Half)
Page 2
/)~ - t.j
NOW, THEREFORE, in exchange for the mutual covenants, terms and
conditions herein contained, the parties agree as set forth below
1. Agreement Applicable to Subsequent Owners.
1 1 Agreement Binding Upon Successors. This Agreement shall be
binding upon and inure to the benefit of the successors, assigns and interests of the
parties as to any or all of the Property until released by the mutual consent of the
parties.
1.2 Agreement Runs with the Land. The burden of the covenants
contained in this Agreement ("Burden") is for the benefit of the land owned by the City
adjacent to the Property The Burden touches and concerns the Property. 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 Project
upon the sale of any lot improved with a residence. If requested by the Developer, City
shall execute a quitclaim releasing the Burden of this Agreement from the title to any
such lots. If Developer assigns any portion of the Property subject to the Burden of this
Agreement, Developer shall have the right to obtain a release of any of Developer's
obligations under this Agreement provided Developer obtains the prior written consent
of the City of 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 Project which is being acquired by the assignee.
2. Condition No. 30 - Building Permits Not to Issue While Thresholds
Deficient. In satisfaction of Condition No. 30 of Resolution No. 15200, Developer
agrees as follows:
2.1 Developer hereby grants to the City the right to withhold building
permits for any dwelling units on the Property at such time as traffic volumes on Otay
Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed
the level of service identified in the City's adopted thresholds.
3. Condition No. 31.C - No Protest of Assessment District or
Development Impact Fee. In satisfaction of Condition No. 31 C of Resolution No.
15200, Developer and their heirs, assigns, transfers, and other successors-in-interest,
hereby agrees to not protest the formation of an assessment district for the construction
of street improvements to connect Orange Avenue and Palomar Street to existing
improvements west of EastLake Greens boundary and to not protest inclusion of the
subject improvements as projects in the Eastern Territories Development Impact Fee
System.
August 24, 1994
Supp. SIA for EastLake South Greens Unit 3 (North Half)
Page 3
//t3~S
4 Condition No. 32 . Subdivision Map Indemnity. In satisfaction of
Condition No 32 of Resolution No. 17618, the Developer agrees that, on the condition
that City shall promptly notify the Developer of any claim, action or proceeding and on
the further condition that the City fully cooperates in the defense, the Developer shall
defend, indemnify, and hold harmless the City, and its agents, officers and employees,
from any claim, action, or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including
approvals by its Planning Commission, City Council, or any approval by its agents,
officers, or employees with regard to the EastLake South Greens Unit 3 (North Half)
Subdivision.
5. Condition No. 33 . Erosion and Drainage Indemnity. In satisfaction of
Condition No. 33 of Resolution No. 17618, the Developer agrees that, on the condition
that City shall promptly notify the Developer of any claim, action or proceeding and on
the further condition that the City fully cooperates in the defense, the Developer shall
defend, indemnify, and hold harmless the City, and its agents, officers and employees,
from any claim, action, or proceeding against the City, or its agents, officers or
employees, for any liability for erosion, siltation or increased flow of drainage resulting
from the EastLake South Greens Unit 3 (North Half) project.
6 Condition No. 34 . Cable Television Easements. In satisfaction of
Condition No. 34 of Resolution No. 17618, the Developer agrees to permit all cable
television companies franchised by the City of Chula Vista equal opportunity to place
conduit to and provide cable television service for each lot or unit within the Project.
Developer further agrees to grant, by license or easement, and for the benefit of, and
to be enforceable by, the City of Chula Vista, conditional access to cable television
conduit within the properties situated within the Project only to those cable television
companies franchised by the City of Chula Vista the condition of such grant being that
(a) such access is coordinated with Developer's construction schedule so that it does
not delay or impede Developer's construction schedule and does not require the
trenches to be reopened to accommodate the placement of such conduits, and (b) any
such cable company is and remains in compliance with, and promises to remain in
compliance with, the terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the operation of cable
television companies as same may have been, or may from time to time be, issued by
the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the
authority to enforce said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a determination by the City of
Chula Vista that they have violated the conditions of the grant.
7. Satisfaction of Conditions. City agrees that the execution of this
Agreement constitutes satisfaction of Developer's obligation of Conditions 30 and 31 C
of Resolution No. 15200 and Conditions 32, 33, and 34 of Resolution 17618 as it
applies to the territory of the Final Map for Chula Vista Tract 88-3A, EastLake South
Greens Unit 3 (North Half).
August 24, 1994
Supp. SIA for EastLake South Greens Unit 3 (North Half)
Page 4
1/ B ,Ie,
8. Recording. This Agreement, or an abstract hereof prepared by either or
both parties, may be recorded at the option of either party
9 Miscellaneous.
9 1 Notices. Unless otherwise provided in this Agreement or by law,
any and all notices required or permitted by this Agreement or by law to be served on
or delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is directed,
or in lieu thereof, when three (3) business days have elapsed following deposit in the
U.S. mail, certified or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A party may change
such address for the purpose of this paragraph by giving written notice to such change
to the other party. Facsimile transmission shall constitute personal delivery
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
Fieldstone Communities, Inc.
5465 Morehouse Drive, Suite 250
San Diego, CA 92121
Attn: Brian Milich
A party may change such address for the purpose of this paragraph by giving written
notice of such change to the other party in the manner provided in this paragraph.
Facsimile transmission shall constitute personal delivery
9.2 Captions. Captions in this Agreement are inserted for convenience
of reference and to not define, describe or limit the scope or intent of this Agreement
or any of its terms.
9.3 Entire Agreement. This Agreement contains the entire agreement
between the parties regarding the subject matter hereof. Any prior oral or written
representation, agreements, understandings, and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend any other agreement
between the parties unless expressly noted.
9.4 Preparation of Agreement. No inference, assumption or
presumption shall be drawn from the fact that a party or his attorney prepared and/or
drafted this Agreement. It shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting of this Agreement.
August 24, 1994
Supp. SIA for EastLake South Greens Unit 3 (North Half)
Page 5
1/8,1
9.5 Recitals; Exhibits. Any recitals set forth above are incorporated
by reference into this Agreement.
9 6 Attorneys' Fees. In the event of any dispute arising out of this
Agreement, the prevailing party in any action shall be entitled to reasonable attorneys'
fees in addition to any other costs, damages, or remedies.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
By: CITY OF CHULA VISTA
Tim Nader, Mayor
Attest:
FIELDSTONE COMMUNITIES, INC,
a California Corp ion
By'
Name:
Title:
Date:
By'
Name:
Title:
August 24, 1994
Supp. SIA for EastLake South Greens Unit 3 (North Half)
Page 6
/ / B,f
\
EXHIBIT 'A'
ORDER NO. 1099055-11
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
CHULA VISTA TRACT NO. 88-3A EASTLAKE SOUTH GREENS R-3 (NORTH
HALF), IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, BEING A PORTION OF RANCHO JANAL, ACCORDING TO MAP
THEREOF RECORDED IN BOOK 1, PAGE 89 OF PATENTS, RECORDS OF SAN
DIEGO.
PAGE 7
1113-1
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item / d-
Meeting Date 10/4/94
Resolution Il Ie. I~ Authorizing the addition of TF230 - Traffic
Signal Safety project at four locations to the Fiscal Year 1994/95 Capital
Improvement Program (CIP) and appropriating funds therefor
Director of Public wo~rt~
City Manag~ ~tf1:!.X (4/5ths Vote: Yes X No~
ITEM TITLE:
REVIEWED BY:
Staff is requesting appropriation of $79,200 out of the Traffic Signal Fund to eliminate
hazardous conditions at four (4) locations: I) Palomar Street and Fourth Avenue; 2) Telegraph
Canyon Road and Crest/Oleander; 3) Telegraph Canyon Road and Paseo del Rey; and 4) H
Street and Third Avenue. The first three locations involve the removal of median island traffic
signal poles which have been struck repeatedly over the past years. The fourth location
involves the relocation of a traffic signal pole within the sidewalk area, which restricts the
movement of wheelchair disabled persons. This latter item was brought to staff's attention at
a recent American with Disabilities Act (ADA) public meeting.
RECOMMENDATION: That Council approve the resolution adding TF-230 to the 1994/95
Capital Improvement Program and appropriate $79,200 from the unappropriated balance of the
Traffic Signal Fund.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Staff is requesting appropriation of $79,200 out of the Traffic Signal Fund to upgrade traffic
signals at four (4) locations in order to eliminate hazardous conditions. The proposed upgrade
consists of the replacement of center island left-turn traffic signal poles at these locations: 1)
Palomar Street and Fourth Avenue; 2) Telegraph Canyon Road and Crest/Oleander; and 3)
Telegraph Canyon Road and Paseo del Rey The fourth proposed upgrade located at H Street
and Third Avenue consists of removing a sidewalk traffic signal pole and relocating the pole
out of the path of pedestrians.
a) Center Island Pole VOI/rade at Three Locations
On June 29, 1994 the traffic signal pole on the Palomar Street median at Fourth Avenue
that controls left turn movements was hit and damaged by an errant vehicle. This is the
fifth time in the last three years this median traffic pole was knocked down.
Additionally, during the first two weekends of September 1994, both traffic signal poles
on the Telegraph Canyon Road median at Crest/Oleander Avenue and at Paseo del Rey
that also controls left turn movements for the eastbound traffic were also hit and
damaged by errant vehicles. Cost to repair this type of damage to the traffic signal
)~-J
Page 2, Item ) ~
Meeting Date 10/4/94
equipment is around $3,500 per occurrence. The total cost for the three (3) locations
mentioned is $10,500. Funds covering repairs to damaged signal poles and equipment
is charged against the City's Traffic Signal Maintenance General Fund budget. The
City makes every effort to recover these general fund costs from the responsible driver
or his/ber insurance company
To enhance the safety of those intersections which have center island traffic signal
poles, and reduce the City's maintenance costs, staff is proposing to upgrade the center
island left-turn traffic signal poles with overhead left turn indications mounted on new
poles equipped with a long mast arm traffic signal extending over the roadway from
behind the sidewalk. The new pole will replace the existing old style poles which are
unable to handle the load nor the required length of a long mast arm. The new traffic
signal design standards require that the left-turn signal indications be designed as part
of the mast arm above the roadway and not be placed in the median island. The signals
at the noted three locations are currently operating under a temporary condition by the
use of a portable left turn signal pole.
The work to be done includes the installation of one (I) traffic signal standard with 45'
mast arm at the intersection Palomar Street and Fourth Avenue and two (2) traffic
signal standards with 55' mast arm at each of the other two intersections (Telegraph
Canyon Road at Crest! Oleander Avenue and Telegraph Canyon Road at Paseo del
Rey). The work also includes removal and disposal of the existing median signal poles
and signal standards, installing new signal standards with appropriate vehicular and
pedestrian indications, rewiring and other signal equipment necessary for the proper
operation of the traffic signals.
The proposed upgrade to the traffic signals at the subject three locations, represent an
actual saving to the City's general fund of $10,500. Additionally, all staff time for this
project will be reimbursed to the General Fund based on a 2.8 cost recovery factor It
is worth noting that the $10,500 saved by implementing the proposed project represents
over one third of the total annual funds budgeted for Traffic Signal Maintenance -
Damage to City Property account (100-1431-5361). Based on the accident history for
the traffic signal at Palomar Street and Fourth Avenue, we could project that the signal
safety upgrade project represents a projected savings to the City's General Fund of
$17,500 over the next two years. Furthermore, the proposed upgrade to the traffic
signals would save motorists costs for any damages to their vehicles that would have
been incurred if the pole remained in the island.
b) Sidewalk Traffic Signal Pole Upgrade at H Street and Third Avenue
In a recent American with Disabilities Act (ADA) public meeting, a citizen brought to
our attention that the traffic signal pole at the northeast comer of Third Avenue and H
Street is a barrier to disabled persons. The signal pole is located in the middle of the
sidewalk and thereby does not provide enough sidewalk clearance for a wheelchair-
bound pedestrian to travel around it.
/d-;)..
Page 3, Item )~
Meeting Date 10/4/94
The American with Disabilities Act (ADA) requires a minimum of 36 inches of clear
area on a public walkways for the wheelchair-bound pedestrian to travel. To rectify the
sidewalk clearance problem, staff recommends that the subject signal standard pole be
relocated behind the sidewalk. Cost to perform this work is $4,200. Staff has also
looked at the option of widening the sidewalk in order to provide the four (4) feet clear
area. Although the law requires only 36" of clear area, it is more desirable to provide
four feet clear area due to pedestrian activities around major street intersections. Based
on our right-of-way records, it appears that we do not have enough right-of-way behind
the sidewalk. The right-of-way line is about 1 1/2 feet behind the sidewalk. Assuming
right-of-way is needed to widen the sidewalk, staff will explore the feasibility of getting
right-of-way from the property owner on the northeast comer of H Street and Third
Avenue (St. Rose of Lima Church) in order to provide a wider sidewalk. If this option
is feasible and more economical, staff will widen the sidewalk rather than move the
pole.
It is worth noting that the new signal design standards require that all traffic signal
poles be placed either behind the sidewalk or behind the curb if the sidewalk is more
than 5' wide (commercial area). This new traffic signal design standard assures that
there is a minimum of four feet clear paved area for the wheelchair bound people to
use.
Proiect Fundim!
To achieve the desired traffic safety benefits, reduce the City's liability risks and costs, staff
is requesting that the repairs to the traffic signals at the subject locations be made as a Traffic
Signal Safety project in the existing fiscal year (1994/95) Capital Improvement Program (CIP).
It is proposed that the new replacement of the sidewalk pole at H Street and Third Avenue
should be done as soon as possible to better serve the public and be in compliance with ADA.
Construction Cost
Fourth Avenue!Palomar Street $11,800'
Telegraph Canyon Road/Crest $25,0002
Telegraph Canyon RoadlPaseo del Rey $25,0002
H Street and Third Avenue $ 4,200
TOTAL $66,000
10% Contingencies $6,600
10% Design & Administration $6,600
Total Project Cost $79,200
2
Upgrade one standard
Upgrade two standards
J;)- 3
Page 4, Item I d-
Meeting Date 10/4/94
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project
and determined that the project is exempt under section 15302, Class 3 (new construction or
small structures or the location of limited numbers of new, small facilities or structures).
FISCAL IMPACT: The proposed project represents an actual saving to the General Fund of
$10,500 by shifting maintenance costs to a Traffic Signal Fund Capital Improvement Project.
Funds are available in TF230 - Traffic Signal Safety at four locations in the FY 1994/95 CIP
Actual 94-95 fiscal year revenues are higher than what was projected. Thus, there are
sufficient funds in the City's Traffic Signal Funds to cover the $79,200 cost to upgrade the
traffic signals at the subject four locations beyond what is already appropriated for current CIP
projects. Based on the accident history for the traffic signal at Palomar Street and Fourth
Avenue we could project that the signal safety upgrade project will represent a projected annual
savings to the City's general fund of $8,750 Also, additional savings will accrue to the
general public by cost avoidance due to accidents that would be avoided by this project.
Attachment: Exhibit 1
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EXHIBIT 1
LOCATION OF EXISTING LEFT TURN
,,,,,,c "eNA' 'ND'CA"ON ~
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EXISTING CONDITION
PROPOSED LOCATION OF LEFT TURN
TRAFFIC SIGNAL INDICATION
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PROPOSED PROJECT
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RESOLUTION NO. J I~ 7 &'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ADDITION OF TF230
TRAFFIC SIGNAL SAFETY PROJECT AT FOUR
LOCATIONS TO THE FISCAL YEAR 1994/95 CAPITAL
IMPROVEMENT PROGRAM (CIP) AND APPROPRIATING
FUNDS THEREFOR
WHEREAS, staff is requesting appropriation of $79,200 out
of the Traffic Signal Fund to eliminate hazardous conditions at
four (4) locations: 1) Palomar Street and Fourth Avenue; 2)
Telegraph Canyon Road and Crest/Oleander; 3) Telegraph Canyon Road
and Paseo del Rey; and 4) H Street and Third Avenue; and
WHEREAS, the first three locations involve the removal of
median island traffic signal poles which have been struck
repeatedly over the past years; and
WHEREAS, the fourth location involves the relocation of
a traffic signal pole within the sidewalk area, which restricts the
movement of wheelchair disabled persons which was brought to
staff's attention at a recent American with Disabilities Act (ADA)
public meeting; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under Section 15302, Class 3 (new construction or
small structures or the location of limited numbers of new, small
facilities or structures).
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby authorize the addition of TF230 -
Traffic Signal Safety project at four locations to the Fiscal Year
1994/95 Capital Improvement Program (CIP).
BE IT FURTHER RESOLVED that the sum of $79,200 is
appropriated from the unappropriated balance of the Traffic
Fund into 600-6005 TF-230.
hereby
Signal
John P. Lippitt, Director of
Public Works
by
Presented by
Bruce M.
Attorney
c: \rs\cipadd
/d.- ~
COUNCIL AGENDA STATEMENT
Item1..3
Meeting Date 10/4/94
ITEM TITLE: Resolution 171.c 19 Accepting bids and awarding contract for" EI
Dorado Telecommunications Trench in the City of Chula Vista (GG-142)"
SUBMITTED BY: Director of Public Works ~
Director of Management and Information service#,
REVIEWED BY: City ManagerJ~ ~~ (4/5ths Vote: Yes_ NoX)
At 2:00 p.m. on August 10, 1994, in Conference Room 2 in the Public Services Building, the
Director of Public Works received sealed bids for "EI Dorado Telecommunications Trench in
the City of Chula Vista (GG-142)".
RECOMMENDATION: That Council accept bids and award contract to Irish Construction in
the amount of $23,483.00 for construction of bid Alternative "A".
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for the installation of a direct communications link (telephone, mainframe computer and
LAN) between EI Dorado Building (315 Fourth Avenue) and the Chula Vista Civic Center (see
Exhibit" A ") in a total amount of $39,300 were appropriated in FY 1993-94 CIP Budget (GG-
142). The project will be completed in two phases, as follows:
Phase Activity Preliminary Cost
Estimate
1 Installation of conduits (across Fourth Avenue) $26,000
2 Installation of communications wiring (inside buildings) $13,300
Total $39,300
Through the approval of the proposed resolution, Council will be awarding the construction of
Phase 1. Once the conduits are in place, staff will proceed with Phase 2. That activity will be
bid and awarded separately. In preparing the CIP budget staff looked at the alternative of using
existing Pacific Bell conduits in lieu of constructing our own in order to save on the construction
cost. Pacific Bell was contacted and they indicated that, they do not have available conduit
space to accommodate our facilities.
The work to be done in Phase 1 consists of the installation of two 3" conduits (approximately
440 feet each) extending from the Public Service Building, across the Fourth Avenuel"F" Street
intersection and terminating at the EI Dorado Building. Two alternatives were included in the
I ~-I
Page 2, Item 1..3
Meeting Date 10/4/94
bid documents. Alternate "A" considers earth backfIll in those portions of the trench subject to
traffic loads. Alternate"B" considers cement slurry backfill at the same locations.
Bid Results
The project was advertised for a period of 25 days beginning July 16, 1994. During that period
plans were purchased by 11 contractors and on the bid opening date, bids were submitted by 3
contractors. The bids received are as follows:
Contractor Bid Amount
Alternate A Alternate B
Irish Construction $23,483 $24,587
Fox Construction 24,150 Not Submitted
Cobra Engineering 36,153 33,477
The low bid by Irish Construction (Alternate A) is below the engineer's estimate of $25,755 by
$2,272 or 8.8%. Irish Construction submitted 3 references from prior clients that utilized their
services. Staff conducted a background check and past performance evaluation and determined
that they have the resources to prosecute the job within the specified schedule and budget.
Prevailin2 Wa2e Statement
The source of funding for this project is the Public Facilities Development Impact Fee Fund -
Civic Center Expansion. No prevailing wage requirements were necessary as a part of the bid
documents. Compliance with Federal and State Minority/Business Women Owned Business
requirements was unapplicable on this project. However, by advertising, minority business
owners were encouraged to participate. The low bidder is not a minority business.
Environmental Status
The City's Environmental Review Coordinator has determined that this project is categorically
exempt under Section 15303 Class 3(d) "Construction of limited small new facilities" of the
California Environmental Quality Act.
Disclosure Statement
A copy of the contractor's disclosure statement is attached NOT SCANNED
}3"'~
Page 3, Item /...3
Meeting Date 10/4/94
Financial Statements
Funds required for construction:
A. Contract Amount $23,483
B. Contingencies (approximately 10%) 2,350
C. Staff Cost (construction inspection and design) will be included in the 0
City's required match to the DIF funds.
Total Funds Required for Construction $25,833
Funds available for construction:
A. El Dorado Telecommunications Trench - Phase 1 $26,000
B. El Dorado Telecommunications Trench - Phase 2 13,700
Total Funds Available for Construction - Project GG-142 39,300
FISCAL IMPACT: Funding used for this project will come from the Public Facilities
Development Impact Fee Fund - Civic Center Expansion. After construction, only routine City
maintenance will be required. After installation of both phases, there will be annual General
Fund savings of approximately $6,300 from telephone expenses.
The Community Development Department has also been looking at the possibility of selling the
El Dorado building which could effect the payback of this work. As indicated in the CIP Budget
Progarm Detail Sheet, the annual telephone savings will be approximately $6,300 per year.
Based on the cost of $39,000, the payback for this project is just over 6 years. Even if the
building is sold, it will be necessary for City staff to remain in the El Dorado Building because
of a lack of space in the main Civic Center complex. It is anticipated that the additional building
space needed cannot be constructed sooner than 6 years, thus allowing an adequate payback
period for this project.
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-- -7 - THE CITY OF CHULA VISTA OISCLOSURE STATEMENT ---
! u are required to file a Statement of DisclOSIIrC of certain owncnhip or financial interests, payments, or campaign conuibutions
. all matters which will require disc:retiotWY action on the part .
I of the City CoIDlci1, Planning Commission. and all other official bodies. 1be following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the
conttact, e.g., owner, applicant, conttactor, subconttactor, matc:ria1 supplier.
JRISH CONSTRUCTION (Contractor)
CALMAT CO. (Material Supplier)
SAF-T-CO SUPPLY (Material Supplier)
San Dieqo Precast (Material Supplier)
2. If any person. identified pursuant to (1) above is a colp01'8tion or partncnhip, list the names of all iDdlvidua1s owning
more than 10% of the shares in the corporation or owning any partncnhip interest in the partncnhip..
com anies listd
1 e and aval a e
3. If any person" identified punuanllO (I) above is nonilrofit org~ni7~rion or a truSt, list the names of any person serving
IS director of the nonilrofil organization or IS UUSlCC or beneficiary or UUSlor of the tJUSt.
N/A
4. Have you had more than $250 worth of business uansacted with any member of the City staff, Boards. Commissions,
Comminees, and ColDlcil within the pasllWelve months? Yes_ No1... If yes, please indicate person(s):
5. Please identify each and every person. including any agents, employees, consultants, or iDdcpendent contractors who you
have assigned to represent you before the City In this matter.
Vergel Sandifer
Tom Caldwell
Bi 11 Wil banks
Mike Canty
.
6. Have you and/or your officers or agents, In the aggregate, contn"buted mare than $1,000 to a Co\Dlci1 member In the
cum:nt or precedml dection period? Y es_ No~ If yes, state which Co1Dlci1 mcmber(s):
Date:
August 08. 1994
· · · (NOTE: AtucIa 8dditioaal .... .. ..~. · · d - ~
" 'h ~
SignatlJrO of contractor/applicant
Print or typo name of contractor/applicant
. P..- is dcfi...J." 'MY indillidu.l.finn. _rtncr>hip.joinl -..... .-illlion. JOri.' du~. froIC1'IH" orr..iIolion. ...,.-ion. ....... ws......... p..... "'is ..d
any olM' ......y. $y ..d ......1)'. aly ..uniap.r.,. dislri<l. 01 ""'" po/ilicollUbdMsion. 01 .ny olM' _, 01 _~i...ion .di., os · unit.'
,
,
H"".,,..,..,tn'D..,...,.,et nn,..R' nH"
13-5
RESOLUTION NO.J~'7j7
RESOLUTION OF
CHULA VISTA
CONTRACT FOR
TRENCH IN THE
THE CITY COUNCIL OF THE CITY OF
ACCEPTING BID AND AWARDING
"EL DORADO TELECOMMUNICATIONS
CITY OF CHULA VISTA (GG-142)"
WHEREAS, at 2:00 p.m. on August 10, 1994, in Conference
Room 2 in the Public Services Building, the Director of Public
Works received the following three sealed bids for "EI Dorado
Telecommunications" Trench in the City of Chula vista:
Contractor Bid Amount
Alternate A Alternate B
Irish Construction $23,483 $24,587
Fox Construction 24,150 Not
Submitted
Cobra Engineering 36,153 33,477
WHEREAS, the low bid by Irish Construction (Alternate A)
is below the engineer's estimate of $25,755 by $2,272 or 8.8%.
Irish Construction submitted 3 references from prior clients that
utilized their services and staff conducted a background check and
past performance evaluation and determined that they have the
resources to prosecute the job within the specified schedule and
budget; and
WHEREAS, the source of funding for this project is the
Public Facilities Development Impact Fee Fund - civic Center
Expansion and no prevailing wage requirements were necessary or a
part of the bid documents; and
WHEREAS, compliance with Federal and State
Minority/Business Women Owned Business requirements was
unapplicable on this project, however, by advertising, minority
business owners were encouraged to participate, but the low bidder
is not a minority business; and
WHEREAS, the city's Environmental Review Coordinator has
determined that this project is categorically exempt under section
15303 Class 3(d) "Construction of limited small new facilities" of
the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
/'3.-7
Section 1. That the City Council concurs in the
determination that this project is categorically exempt under Class
3(d) "Construction of limited small new facilities" of the
California Environmental Quality Act.
Section 2. That the City Council does hereby accept the
bid of Irish Construction as responsive.
section 3. That city Council awards the contract for the
EI Dorado Telecommunications Trench to Irish Construction in the
amount of $23,483.00 for construction of bid Alternative "A", the
lowest responsible bidder which submitted a responsive bid to the
approved specifications.
c: \rs\eldorado
of Chula vista is
ontract for and on
Section 4. The Mayor of the
hereby authorized and directed to execute
behalf of the city of Chula vista.
Presented by
John P. Lippitt, Director of
Public Works
2
!~-r-
"
COUNCIL AGENDA STATEMENT
Item tL
Meeting Date 10/04/94
SUBMITTED BY:
Report: Request to conduct p~ from Montgomery Elementary School
Director of Parks and ReTI~~
City Manager~ ~ t!!f!) (4/5ths Vote: Yes _ No Xl
ITEM TITLE:
REVIEWED BY:
Montgomery Elementary School is requesting permission to conduct a school parade on October 12,
1994. The parade commemorates EI Dia De La Raza (Columbus Day). The parade would be held from
12:45 p.m. until 1:30 p.m.
RECOMMENDATION: That Council approve the request subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION'
The principal of Montgomery Elementary School has requested permission to conduct a school parade
on October 12, 1994, from 12:45 p.m. - 1.30 p.m. (Attachment A). The parade commemorates EI Dia
De La Raza (Columbus Day). The proposed parade route is indicated on the attached diagram
(Attachment B). Students from the school will participate, along with a marching band, and possibly a
unit from the Fire Department and the Police Department. The school has conducted this parade for a
number of years without incident.
Approval should be subject to the school meeting the following conditions:
1 Provision of a certificate of insurance and policy endorsement in the amount of $1 million,
naming the City of Chula Vista as additional insured.
2. Execution of a hold harmless agreement.
3 Provision of adequate traffic control as determined by the Police Department. The cost for any
required services will be paid for by the event sponsor
FISCAL IMPACT: Any costs necessary for City services, associated with the parade, shall be
reimbursed to the City by the school, therefore, the City will not be expending funds for this event.
Attachments:
A - Letter of Request NOT SCANNED
B - Diagram of streets involved
wp\parade.94
)~-lllq -7-
I,)
.,
.
Chula Vista Elementary School District
John J. Montgomery Elementary School
1601 Fourth Avenue' Chula Vista, California 92011 . 619422-6131
Ruben Castaneda, Principal
o
August 31, 1994
,
Jess Valenzuela
Director, Parks & Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
Dear Mr. Valenzuela:
I would like to request a Parade Permit for Montgomery Elementary School's
19th Annual Dia de la Raza/Columbus Day Parade. I have asked our school
District's Business Office to send you a letter showing our liability insurance
coverage as required for this permit.
The parade will take place Wednesday, October 12, 199~ Step-off time will be
12:45 p.m.
The parade route and information regarding the significance of this day are
attached to this letter. Each classroom in the school will represent a Latin
American Country and will march as a unit in the parade. We hope to have
police units and a fire engine from the Chula Vista Fire Department. The parade
should last approximately 45 minutes.
If you have any further questions, please contact me at Montgomery Elementary
School. My phone number here is (619) 422-6131.
Sincerely,
~~
RUBEN CASTANEDA
Principal
RC:it
enc: Parade Route
Holiday History
cc: John D. Goss, City Manager
Ilf~;L
.
'1ontgomery
School
W
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el Monte Ave.
I i.f~ 3
G
October 4,1994
To: Mayor and Council
From: Susan Snyder, Assistant to Mayor and Council
Re: Russian Sister City Update
Recently. Mayor Nader met with Mayor Litvinov of the Russian city of Ussurijsk. This city is outside
Vladivostok and comparable in size to Chula Vista. Vladivostok, as you know, is San Diego's sister city
Mayor Litvinov asked Mayor Nader to consider becoming the sister ctty of Ussurijsk. The Mayor requested
that I investigate the possibilities of this Union. The Mayor met with the IFC at their last meeting. They
approved the Mayor and Mayor-Elect travelling to Ussurijsk to explore of a link of friendship with the city.
Commissioner Ramirez met with Lowell Strombeck. the originator of the Vladivostok sister city
program. He encouraged us to move forward on this opportunity and is available to assist and
help create the community interest, as he did so well in San Diego.
I met with Eduardo Serrano, a local resident who studied in Moscow for three years at the
International Institute for Foreign Affairs. Mr Serrano is fluent in Russian and very interested in
assisting us. Recently, he personally arranged a Moscow tour for 90 individuals to meet with
officials to discuss student exchange programs. Mr. Serrano is interested in hosting a gathering
for community members interested in a Russian sister city program.
I also met with artist and architect James Hubbell. Mr Hubbell recently returned from Vladivostok
after building the monument to the Vladivostok-San Diego union. Nine arcMect students from
the U S. joined with architect students in Vladivostok to create and build the park and monument
in three weeks. Mr Hubbell is interested in showing his slides and discussing the project and
further developments with the IFC and interested community members. (The Russians would now
like to come and build a monument here)
I am working with staff on a grant to the Department of Commerce 'SABIT" program. This
program assists American companies to host high-level "interns" from the former Soviet Union for
three to six months. We are designing a program with the assistance of city department heads
for internship in our city government. Our request will be that the interns be chosen from
Ussurijsk.
South Bay Community Services submitted a proposal for Russian teenagers to participate in a
three week "Kids Biz" entrepreneurial training program, should we choose to have a Russian sister
city They recently met with a delegation of Russian business people visiting through SAIC on the
Kids Biz program
The Mayor and IFC will be hosting a program this Friday. Oct. 7th about Russia. Public interested
in developing a Russian program have been invited to attend. (see attached)
~
/J:> - J
UI
To Ml Tim Nader, Ma}ul Cily ofChula Vista
cln' HAI.I
'J.7f> fourth Av~nu~
Chula Vi.ta, CA 91910
From Mr NikolllY I. Litvinov
Ma>CI', Cily uf Usunysk
101 Lenin SUcct
Usunysk, 692~OO Russin
Subject: BackgloumJ of city and the Usunysk region
Ref.: Our meeting un K-2X. 1994 in San Diego
The City of Usuril'sk, founded 127 ago, is the administrative center of the Usunysk region It is located
100 km from VladiVOstok. The regional population of 200,000 people IS distributed bctwC<."Il the cm' and the
30 \'illag", u~...bilcU b\ 32,000 p<<>ple.
Regional aaneultural econOlll) glO\\S wgct.'lbles, potatoes, soybeans: poulu)', animals and th" \\ild anunals
(mlDk fur IS a Iugh valued woold mark~l commodity). Several science: lD!mtutlons are located in the region.
Agricultural Research Institute, Wild Life Reser\'e, Sun Re~caTch Ceuler
Cit) of Usuriysk is a Far Eastern railroad Junction, connecting several nW lines Russla-Cluna. Russia-
Korea, as well as branch"s tu the port of Nahodka (Vrangel bay), port Vostochmy, port Vladivostok (Golden
Horn bay), port POSI! and port Trinit)' Trans-Siberian (Mosco",.Vladlvostok) railroad passcs through
U.uriyslc
nu.... high cUu~lItion institutions, 16 schools for tcebrucians and SO pnmarylsccondary education schools
arc 10000tw In Lh. .il)'
lndusll)' consists of five: mainl~'lWlcelsenice plants (the largest one employs 3,500), four food processrni
cstablislulleuts (indudin~ II distillery), two large footwear and a lady's apparel fal:tories Also, the largest
cardboard plant Ul the Far wi, that supplies packaging to all fislung vessels is located in the city The
lar8~st refrigerated ..ail .ar d~l'Ul in RUSSIa is also located in the city. handling the freight from Mongolia,
Hw\&lU)'. GcmWI)', IUId olhcr countries.
As of 1991, a number of companiC$ established lumber, metals, n,incrw., hca\')' on.road and the agricuhural
cqwpment and the heavy dut)' trucks businesses with Japan, South Korea and China
Cultural COlUlectioll~ IIn: 11l~o de\'eloping. In 1992, sister eit) relationship was established ",ith the elunese
city of Moodandz)'an whose population is over 1 million A suburb city' to South Korean capital Seoul IS in
process of estabhshUlg relation.hip \\ilh Usuri)'sk.
Nikolay I. Litvinov
Note: I adhered to the exact correspondence of worrJs and sentences between the languages.
at some expenSe of English syntax. Mr, Litvinov's primary intention was to convey facts on
Usuriysk, while working with the limited time and resources available on the plane where he had
hand written the enclosed original.
Vladimir Stanich
Enel
NOT~
J5~~
.
~~f?-
~~r:
......................"..-...;
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.....~~......
OFFICE OF THE MAYOR
TIM NADER
C1lY OF
CHUlA VISTA
Please join the International
Friendship Commission
for a special evening
Friday, October 7th from 5:00 to 7:30 pm.
The Mayor and the International Friendship Commission invite members of the
community interested in developing a Russian sister city program to an evening hosted
by Eduardo Serrano and his family Mr. Serrano recently returned from three years of
study in Moscow at the Institute of Foreign Affairs and a year of study in Mexico City
Our special guest will be James Hubbell, award-winning architect and artist. He
will give a presentation on the building of the monument to the sister cities of San Diego
and Vladivostok this last May Nine U S. architect students joined with their Russian
counterparts in Vladivostok to design and build this monument and garden. Under the
guidance of Mr. Hubbell, they accomplished this task in three weeks.
Light refreshments will be served. To RSVP, please call 585-5606. Seating is
limited.
Directions to the Serrano's:
From the 805 freeway, exit East at Bonita Road.
Turn left onto Willow.
After crossing over the bridge, turn right onto Sweetwater
Turn right into the Bonita Verdes Estates (the street name is Doral).
Right onto Bermuda Dunes. The address is 4050 Bermuda Dunes.
)S~J
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 919101(619) 691-5044
COUNCIL AGENDA STATEMENT
MeetinCjJ
Item~lb
Date ~o/'f/~'f
.
SUBMITTED BY:
RESOLUTION /7t 7.2. Waiving the Consultant
Selection Requirements and Authorizing the Mayor to
Execute the First Amendment Extending Contract No.
C094-082 Not to Exceed $55,000 for Solid Waste
Consultant Services with Brown, Vence and
Associates (BVA), and Appropriating Funds Therefor
Deputy City Manager Krempl _ ~
Principal Management Assistant Snyder~
city Manager C~j~ (../5th. Vote: Y....x... No_)
TITLE:
REVIEWED BY:
.
At the 6/7/94 meeting, Council approved a $25,000 contract with
Brown, Vence and, Associates (BVA) for specialized solid waste
consultant services related to the first phase development of a
transfer station and materials recovery facility (MRF). Services
under this contract have been provided at the City'S discretion and
paid for on a "time-and-materials" basis. There is about $4,000 in
funds remaining in the current contract.
If the City desires to have future services available, an extension
of contract funds will be necessary in the near future. This
amendment appropriates $30,000 in additional funds for services
which can be projected to be provided to the City at least through
the end of this calendar year.
RECOMMENDATION:
Approve resolution.
BOARD/COMMISSION RECOMMENDATION I
DISCUSSION:
Not applicable.
BVA has provided the city with solid waste technical expertise
since October 19~3 through three previous contracts and one
contract extension directed by the City Council as follows:
e
~ Services AnDronriation
10/19/93 RFP Development $17,000
3/1/94 Proposal Evaluation
& Economic Analysis $24,850
5/10/94 Extension to 3/1/94
Contract $10,000
6/7/94 Contract Negotiation
& Tech. Services S22.000
EX'Oenditure
$16,022.29
$24,839.06
$ 7,000.00
- /6-/
(Est.) S25.000.00
(Est.) $72,861.35
?.h7Jy~ ~
9~~,
TOTALS TO DATE
$73,850
Page 2, Item
Meeting Date 9/27/94
/J.
..........
The services which have been provided by BVA during this last
contract period have included:
o Participation with city staff in negotiation sessions with
Sexton e ~ blishing business terms for siting, permitting and
design ser 'ces
o Review an evaluation of the Sexton business terms
o Review and comments on the Solid Waste Author' y's rate
report (prepare by Deloitte & Touche)
o Assistance in
Proposal/Informat on
contract services.
preparation of th
on Local Enforcem
Request
Agency
for
(LEA)
It is difficult to clear 1 predict all of he specific tasks that
the city will need BVA's a sistance for er the next few months.
The breadth of services nee ed will be iven by decisions made by
the City regarding short-t rm alte atives to the Authority's
system, as well as progress ransfer station as a longer-
term alternative. letter from BVA on a possible
scope of tasks and estimated b t of up to $30,000 which could
cover the following services:
o Assistance with detai
"""I
ansfer station site selection
o Design issues for
o Economic analysis
needed
o Project manage
assistance
o Attendance a
Attachment B is recommended amendment
technical co ing services with BVA in an mount not to exceed
$30,000. All services would continue to be pro ided as directed by
the city and billed on a "time-and-materials" b sis using the rate
schedule currently included in the existing cont act. If the full
range of these services is eventually determine to be necessary
and there is significant action in the coming month requiring this
highly specialized expertise, this contract ame ent can be
expected to cover the City's needs at least until Jan ry 1995.
It is also recommended that the consultant selection requirements
be waived and this contract be extended because of BVA's
involvement with the project to date, understanding of the issues
ability to respond quickly, and documented reliability fo~
performance and quality results. ~
~
/6 -:2-
.
.
.
paqe 3, Item
.eetinq Date
I~
9/27/94
FISCAL IMPACT: The fiscal impact of this action would be an
appropriation of $30,000 from the Waste Management Trust Fund to
100-0210-5201. The waste Management Trust Fund includes, in part,
monies received in FY 1991-92 as part of a settlement with Laidlaw
Waste Systems, Inc. to be used for the qeneral purpose of the long-
term stabilization of trash disposal rates. At the present time,
the Trust Fund has a balance of approximately $96,000, of which
$53,000 are discretionary funds which could be used for the purpose
of this contract.
Expenditure of all of these contract funds would amount to a
cumulative payment for consultant services to BVA of approximately
$102,900 since October 1993.
J~
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I (p --3
THIS PAGE BLANK
~
1&- 1.-1
.,
.
.
.
RESOLUTION NO. 17t7:L.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
REQUIREMENTS AND AUTHORIZING THE MAYOR TO
EXECUTE THE FIRST AMENDMENT EXTENDING CONTRACT
NO. C094-082 NOT TO EXCEED $55,000 FOR SOLID
WASTE CONSULTANT SERVICES WITH BROWN, VENCE
AND ASSOCIATES (BVA), AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, at the 6/7/94 meeting, council approved a
$25,000 contract with Brown, Vence and Associates (BVA) for
specialized solid waste consultant services related to the first
phase development of transfer station and materials recovery
facility (MRF); and
WHEREAS, services under this contract have been provided
at the city's discretion and paid for on a "time-and-materials"
basis with about $4,000 in funds remaining in the current contract;
and
WHEREAS, if the City desires to have future services
available, an extension of contract funds will be necessary in the
near future; and
WHEREAS, this First Amendment appropriates $30,000 in
additional funds for services which can be projected to be provided
to the City at least through the end of this calendar year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
ci ty of Chula Vista does hereby waive the Consultant Selection
Requirements and authorize the Mayor to execute the First Amendment
Extending Contract No. C094-082 not to exceed $30,000 for Solid
Waste Consultant Services with Brown, Vence and Associates.
BE IT FURTHER RESOLVED that the SUlll of $30,000 is hereby
appropriated from the Waste Management Trust Fund (270) to Account
100-0210-5201.
Presented by
Approved as to form by
George Kremp1, Deputy City
Manager
Bruce M. Boogaard, city
Attorney
c: \ ro\BVA. lot
/,
lIP-50
THIS PAGE BLANK
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Attachment A
Brown, Vence
& Associates
September 9, 1994
EnerQyand
WaSleManagement
Ms. Stephanie Snyder
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Engineers
120 Montgomery Street
Suite 1000
San Francisco CA 94104
BVA Job No.:
SUBJECT:
93032.02
Budget
4151434-0900
4151956-6220 fAX
Dear Stephanie:
At your request, I have examined BVA's draft scope of work for assistance that the City may need
over the next couple of months and developed a preliminary cost estimate for these services. To
prepare a preliminary cost estimate, we considered providing services in the following areas:
. LEA proposals
. Site selection
. Design basis
. Negotiations with Authority
. Economic analysis
. Project management assistance
. Technical assistance
. Meetings
Our preliminary estimate for services is approximately 530,000 including a 20 percent contingency.
A detailed budget is attached. As I indicated to you, it is difficult to estimate the specific scope and
cost of our services as many of the activities can not be thoroughly defined at this time. Therefore,
the actual budget for these activities will likely be modified at the time the City requests the specific
tasks .
We are interested in the opportunity to continue providing assistance to Chula Vista. If you have
any questions regarding the scope of work and budget presented in this letter please contact me or
Tracy Swanborn.
Very truly yours,
BROWN, VENCE & ASSOCIATES
Ofwt1M
Thomas D. Vence
Vice President
Printed on
Recycled
F:ISWl93032_02\COIlRESISPI'SBUDOT.LTR.9Sep94
Papet
~
I~ -:;-
U~-Ll-~4 lU.UnUI HUM tiKUWN, nN~~ b I\~~U~ IU ~Jll ur ~nUl.l\ Vl~ll\ rUUUUUl
ATTACHMENT
PRELIMINARY ES11MATE FOR SERVICES
~ "\ ~.' ,..
'""'"
-._- T1>V TAS Total Tokll
Task Acti\lily $140.00 190.00 Hol.n ...Cost
1. LEA Technic'" _ce
ReIIlew proposalS received 4 8 12 $1,280
2- 1111lO Selec\lon
AssIst in In-deplh evalUllIIon of three sIBs 6 12 18 $1,920
3- Design Basis (lIlVIew SexIon desllJl Info.) 12 28 40 $4,200
4. Project IlIlIllIO!ment lIS1Istenc:e 12 24 36 $3.840
6. TecIInmI MSiatlnle 1B 38 56 $5,940
6. __~eeli1gs In quI! Vista (lII\Ilnd two lfI!l'!tings) ~ ....... --
'~ O' Meeli1g-lime. ."", ,''''\Tr- . "~~r T" (" _.- ,..... 20'" ..... 20 ~'''''? /r'lr40 S4.6OO
. 'P"pendlcn time - , I. ft ! ' c'!! $820
Total Labor 74 138 210 $22,600
Expenses ~ncludes two meeting and misc.) W2Q
Eslimaled Cost $25,100
ContIngency (20 peJCel1l) ~.02J
Total $30,120 """"
;
~
F:\SW\9303:L02\CTC.WK3 21 -Sep-94
~
/b- B.
.
.
.
Attachment B
First am.ndm.nt to Agr....nt b.tw..n
city of Chula Vista
an4
Brown, V.no. an4 Assooiat.s
for Soli4 wast. Consulting S.rvio.s
.
This first amendment to the agreement ("Agreement"), dated
September 22, 1994 for the purposes of reference only, and
effective as of the date last executed, is between the city-related
entity as is indicated on Exhibit A, paragraph 2 of the Agreement
dated May 25, 1994, as such ("city"), whose business form is set
forth on Exhibit A, paragraph 3 of the Agreement, and the entity
indicated on Exhibit A, paragraph 4 of the Agreement, as
Consultant, whose business form is set forth on Exhibit A,
paragraph 5 of the Agr.ement, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following facts:
a.oitals
Whereas, on May 24, 1994 the City Council directed staff to
negotiate a contract with the Consultant for negotiation services;
and,
Whereas, on June 7, 1994 the city Council waived the
consultant selection requirements and authorized the Mayor to
execute a contract with the Consultant not to exceed $25,000 for
solid waste negotiation and monitoring assistance; and,
Whereas, in accordance with the terms of that Agreement known
as Contract No. C094-082, Consultant has provided specialized solid
waste consultant services for the negotiation of a contract for
first phase development of a transfer station and materials
recovery facility and related solid waste technical assistance as
directed by the City; and,
Whereas, the city desires to continue solid waste technical
consulting services, the scope of which are described in Exhibit C
of the Agreement, and which will require an extension of funds for
future services; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
continue to prepare and deliver the services required of the
Consultant to City at city's discretion as provided in the
Agreement and its attached Exhibits; and,
}?...~..
~I
/6-9
".
Obligatory provisions
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree that this section of the Agreement will be
amended as follows:
"'"
Exhibit A, paragraph 11 (C):
(1) (x) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $55,000 including all Materials, and other
"reimbursables" ("Maximum Compensation").
"'"
First Amendment to Agreement with Brown, Vence and Associates
Page 2
""""
~
/& - /0
.
Aqreement between
siqnature paqe
to the ~ir.t Amen4ment to
the city of Chula Vista and
A.sociates
Brown, Vence and
for Solid .aste Consultinq Service.
IN WITNESS WHEREOF, City and Consultant have executed this
First Amendment to the Aqreement thereby indicatinq that they have
read and understood same, and indicate their full and complete
consent to its terms:
Dated:
city of Chula vista
By:
Tim Nader, Mayor
Attest:
Beverly Authelet, city Clerk
. Approved as to form:
Bruce M. Booqaard, city Attorney
Dated:
Brown, Vence and Associates
By:
Thomas D. Vence, Vice-President
First Amendment to Aqreement with Brown, Vence and Associates
paqe 3
.
~
/6 -II
xt_
Me.tine) Date
/~A
10'4'94
COUNCXL AGBlIIDA STATEMENT
TXTLB:
REPORT Detailed
Recommendations for
Recovery Facility
Deputy city Manager
City Manager~
At the 9/6/94 meeting, Council received a report and preliminary
evaluation of 14 candidate sites within the City which could be
used for a trash transfer station and materials recovery facility.
staff was directed to proceed with an in-depth evaluation of the
three top-ranking sites and to report back with further
recommendations. This report describes the methodology and results
and also outlines a schedule for a forum for public input on the
recommendations.
site Evaluation and
Transfer station and Materials
SUBKXTTBD BY:
KremPl&~
RBVXBWED BY:
(4/5ths Vot.: Yes___ NO-X-)
RECOMMENDATXON: Accept report and direct staff to: proceed with
the public forum on 10/20/94; report the results of the forum
orally at the meeting of 10/25/94; and return to Council in early
November 1994 with a final site recommendation.
BOARD/COMMXSSXON RECOMMENDATXON:
Not applicable.
DXSCUSSXON:
Backaround
In summary, the previous preliminary evaluation ranked five sites
deemed to have some degree of suitability for the facility. The
top three sites were clearly preferable to the other two, and this
detailed evaluation addresses these three sites:
1. 900 Bay Boulevard (SDG&E property)
2. 855 Maxwell Road (near Otay landfill entrance)
3. 894 Energy Way (near Laidlaw yard)
The earlier evaluation rated the sites on the following criteria:
o Land use compatibility
o site size and preparation
o site access
o Environmental constraints
o Ease of acquisition and processing
o Rail access
L 0A - /
Page 2, :rt_
Meeting Date
I"ti
10'4'94
site Selection- Second Phase
A. The detailed evaluation of the three sites now focusses on ten
criteria categories:
1. LAND USE- Conflicts with General Plan Designation or zoning,
other agencies environmental plans or policies, or
surrounding/nearby land uses? Ability to accommodate
future materials recovery activities of a serial nature
if desired?
2. SITE SIZE & PREPARATION- How extensive are site improvements
required to make site usable?
3. GEOPHYSICAL- Stability of earth conditions? Changes in
geologic substructures, topography or ground surface
relief features?
4. TRANSPORTATION/ CIRCULATION/ ACCESS- Increase in vehicle
trips or traffic congestion? Hazards to safety from
location/access or incompatible uses? Inadequate
emergency access? Access to nearby uses or from freeways
and major arterials?
5. BIOLOGICAL RESOURCES- Presence of endangered, sensitive
species or habitat, species of concern or candidates for
listing.
6. NOISE- Increases in existing noise levels or exposure of
people to severe noise levels?
7. AESTHETICS- Obstruction of any scenic vista or view open to
the public, or the destruction or modification of a
scenic route? Creation of an aesthetically offensive site
open to public view? Demonstrable negative aesthetic
effect?
8. ACQUISITION- Property owner willing to sell or enter into
long-term lease?
9. PROCESSING- Extent of discretionary permits required?
10. RAIL ACCESS- Access available now or possible in the future?
Based on the detailed explanation of the methodology included as
Attachment A, all three of the sites are still viable and have
varying strengths and weaknesses as discussed below. The next step
should be to conduct the public forum.
) leA - ,;}-.
Page 3, It_ )~-li
Xeeting Date 10/4/94
B.
The following discussion
weaknesses of each site.
Attachment B.)
ootion #1- 894 Energy Way
indicates the strengths and
(Locator maps are included in
o Three individual parcels totalling about 18 acres are
available; 2 of the parcels identified for use would
equal about 11.5 acres. (Preliminarily, 10 acres appears
to be an appropriate site size to accommodate transfer
and MRF activities.)
o I-80S is 1.8 miles to the west and Otay Valley Rd. is
being upgraded to a six-lane road. There could be future
competition for roadway capacity as the vacant lands to
the east develop (Otay Ranch) and other redevelopment
activities, such as the Auto Park, occur.
o General Plan designation is Industrial-Research & Limited
Manufacturing; zoning is I-P (Industrial/Precise Plan).
o sites may be available on a long-term lease or purchase;
status is still subject to negotiation.
o Nearest residential area is over 4000 feet to the
northwest.
o Surrounded on three sides by auto dismantling firms,
vacant land to the east; the Otay landfill is located to
the north.
o No possibility for future rail access.
o No real increase in truck traffic or impacts since trucks
essentially use the same route to go to otay landfill.
Ootion #2- 1855 Maxwell Road
o site size is about 17 acres, although some area in slope
not usable.
o Located one mile east of I-80S off Otay Valley Road, on
route to Otay landfill.
o General Plan designation is Industrial-Research & Limited
Manufacturing; zoning is I-P (Industrial/precise Plan).
o currently used as a contractor's storage yard; property
owner has been contacted but has yet to indicate a
preference, if any, to leasing or selling the site.
lIRA -3
Page 4, It_ I~ A_
Meeting Date 10/4/94
o No possibility for future rail access.
ootion #3- 900 Bay Blvd. (SDG&E)
o Concerns about impact on Bayfront development and what
image and character the City is trying to collectively
achieve along its waterfront, including concern with
trash truck activity.
o Total available land is around 30 acres although 20-22
acres may also be considered for location of a recycled
paper manufacturing facility; joint planning could
produce efficiencies for feedstock delivery and effective
facility design. These possibilities are being explored
further and staff will advise Council accordingly.
o site located on south end of SDG&E power station, former
LNG tank site; owner desires to sell.
o Land uses immediately adjacent on three sides compatible,
San Diego Bay to the west.
o General Plan designation is Industrial-General; zoning is
I (General Industrial).
o Easy access to 1-5 via Bay Blvd/Palomar; could be some
potential traffic impacts depending on routes used.
o Mobilehome park residents are located approximately 1/4
mile to the southeast, but buffered by the 1-5 freeway.
Some scattered residential in a mixed use industrial area
south of Palomar Street.
o Excellent rail site; currently it appears that rail
access is more expensive than truck access. In the
City'S situation, an additional transfer charge is
required to move material from the San Diego & Imperial
Valley Railroad to the Santa Fe line to the north.
Also, at this time, Mexican officials have expressed
opposition to rail haul to the south, for example, to the
Campo landfill. Circumstances could change, however, as
a result of NAFTA. As an example, at the South County
Economic Conference on 9/23/94, the u.S. Assistant
Secretary of Commerce strongly urged a rail connection to
the Imperial valley from San Diego. Thus, the prospect
of rail access and the flexibility it could provide in
the future still needs to be weighed against current
options.
/t,A-lf
Page 5, It_ j ~A
Meeting Date 10/4/94
ODDortunitv for Public Reaction to Site RecommendationCsl
Staff will be holding a public forum in the city council chambers
on Thursday, October 20, 1994 at 7:00 PM. In accordance with
council direction at the 9/6/94 meeting, notification will be sent
to all residents and business tenants/owners within 1000 feet of
the sites located at 894 Energy Way, 1855 Maxwell Road and 900 Bay
Boulevard. Other interested parties within the immediate vicinity
of the sites who might be impacted will also be notified. Since
the Maxwell Road and Energy Way sites are located very close to one
another, it appears reasonable to link them together for purposes
of the public forum, and then look at the Bay Blvd. site as an
alternative. Once the forum has been concluded, staff will provide
Council with an update on the outcome at the 10/25/94 meeting.
Input from the public at this point is expected to enhance the
City's ability to evaluate the environmental impacts of the
recommended site(s) early on in the process. Public input will
~ be solicited later on within the formal environmental review
process that will commence with council action on these recommended
site(s), as well as during the public hearing process associated
with the issuance of the Conditional Use Permit.
FISCAL IMPACT: There are no additional appropriations required
at this time, since all costs of proceeding on the recommended
course of action are covered by the Sexton contract terms (to be
paid later through tip fees), or current appropriations for
existing staff work and the solid waste consultant contract.
The fiscal impact of any property acquisition costs would first be
discussed in closed session in accordance with Government Code
section 54956.8.
/ 'A ~5
Attachment A
City of Chula Vista
Trash Transfer Station and
Future Materials Recovery Facility
Site Selection - Second Phase
EXPLANATION OF METHODOLOGY
Initial Evaluation and Key Elements
Staff evaluated the three locations which were identified during the first phase of the site
selection process as potential sites for the trash transfer station. The evaluation includes
an expansion of the number of categories of key issues. The key issues resulting from staff
discussions of the evaluation evolved into the following major criteria:
1. Land Use
2. Site Preparation
3. Geophysical
4. Transportation/Circulation/Access
5. Biological Resources
6. Noise
7. Aesthetics
8. Acquisition
9. Processing
10. Rail Access
Detailed Explanation of Evaluation Factors
1. Land Use Compatibility: Is the proposed use compatIble with surrounding and/or
adjacent land uses within the City of Chula Vista? Are there conflicts with the
General Plan Designation or zoning? Are there conflicts with other agencies'
environmental plans or policies? How easy will it be to accommodate a variety of
materials recovery activities on or around the site?
Low - Surrounding and adjacent land uses are not compatIble. There are conflicts
with the General Plan Designation or Zoning, or there are conflicts with other
agencies' environmental plans which cannot be mitigated.
Medium - Surrounding and adjacent land uses include retail commercial, office or
limited industrial, which mayor may not be compatible, but little residential.
General Plan Designation appropriate but Zone change required. There are no
conflicts with other agencies' environmental plans or policies that can not be
mitigated.
High - Surrounding land uses are compatible in that they are industrial uses and
residential land uses or other conflicting land uses are more than 1,000 feet away or
are well buffered. General Plan Designation is appropriate and Zoning Ordinance
I~A-~
Transfer Station Site Selection - Phase Two
Explanation of Methodology
Page 2
lists the use as permitted or conditional. There are no conflicts with other agencies'
environmental plans or policies.
2. Site Preparation: Are extensive site improvements required to make the site usable
such as grading or building demolition?
Low - Major grading and/or demolition of existing buildings/structures required on-
site; and/or the site contains an existing usable building that requires major
alterations rather than demolition.
Medium - Grading required, but not as major as the "LOW' category. Demolition
and/or alterations to buildings/structures minor.
High - Minor grading required. Site is vacant or contains buildings/structures which
require no demolition or alteration or are easily removed.
3. Geophysical: Does the site contain unstable earth conditions? Will site development
cause changes in geologic substructures? Will grading cause changes in topography
or ground surface relief features? Will any impacts associated with erosion or
sedimentation at sensitive locations occur?
Low - The site contains unstable earth conditions. Site development will cause
unacceptable changes in geologic substructures. Grading will result in unacceptable
changes in topography or ground surface relief features. Site development will result
in unacceptable impacts associated with erosion or sedimentation at sensitive
locations.
Medium - The site contains less than suitable which can be easily stabilized. Site
development not substantially change geologic substructures. Grading will result in
less than significant changes in topography or ground surface relief features. Site
development will result in impacts associated with erosion or sedimentation that are
easily mitigated.
Hil!:h - The site contains no substructures. Site development will not affect geologic
substructures. Grading will not substantially affect the topography or ground surface
relief features. Site development will not result in impacts associated with erosion
or sedimentation at sensitive locations.
4. Transportation/Qrculation/Access: Will site development result in increased vehicle
trips or traffic congestion? Will hazards to safety result from location/access (e.g.
sharp curves)? Is there adequate access for emergency response vehicles or access
to nearby uses? Is the site easily accessible from freeways and major arterials? Is
there adequate ingress and egress? Are there any conflicts with traffic associated
with other land uses? Will there be an increase in traffic over local streets?
) bA-1
Transfer Station Site Selection - Phase Two
Explanation of Methodology
Page 3
Low - Site development will result in an unacceptably high increase in vehicle trips
and/or traffic congestion. The site location/access is in a location which will result
in safety hazards. Emergency response vehicles would have difficulty accessing the
site or nearby sites in case of emergencies. There is no easy access to freeways and
major arterials. Poor truck ingress and egress to the site and/or maneuvering area
constrained. Large vehicles coming to the site will conflict with traffic associated
with other land uses.
Medium - Site development will result in an increase in vehicle trips and/or
congestion, but is at a level that can be managed through mitigation. Any existing
safety hazards can be changed/replaced/reworked to ensure public safety. Special
access would have to be provided for emergency response vehicles. Access to
freeways and major arterials adequate. Marginal truck ingress and egress to the site.
Maneuvering area somewhat limited but may be adequate. Conflicts with retail
commercial traffic.
Hieh - Site development will result in very little or no increase in vehicle trips and/or
congestion. There are no existing safety hazards. Access for emergency response
vehicles is adequate. There is easy access to major arterials and freeways. Ingress
and egress pose no problems. Maneuvering area adequate. No conflicts with retail
commercial traffic.
5. Biological Resources: Are there endangered, sensitive species or habitat, species of
concern or species that are candidates for listing which will be displaced by site
development?
Low - Presence of endangered, sensitive species or habitat, species of concern or
specieslhabitat that are candidates for listing or are considered locally important
which will be impacted by site development, either directly or indirectly.
Medium - Possibility of some impact to sensitive species or habitats that may be
mitigated through project design.
High - No endangered, sensitive species or habitat, species of concern or
specieslhabitat that are candidates for listing which will be impacted by site
development.
6. Noise: Will site development result in increases in existing noise levels or exposure
of people to severe noise levels?
Low - Site development will result in unacceptable increases in existing noise levels
or exposure of people to severe noise levels.
Medium - Site development will result in mitigable increases in existing noise levels
or exposure of people to high noise levels.
/tA-!
Transfer Station Site Selection - Phase Two
Explanation of Methodology
Page 4
Hi~h - Site development will result in little or no increases in existing noise levels or
exposure of people to acceptable noise levels.
7. Aesthetics: Will site development: Obstruct any scenic vista or view open to public
view? Result in the creation of an aesthetically offensive site open to public view?
Cause the destruction or modification of a scenic route? Have a demonstrable
negative aesthetic effect?
Low - Site development will: Obstruct scenic vistas and views open to public view;
result in the creation of an aesthetically offensive site open to public view; cause the
destruction or modification of a scenic route; and/or have a demonstrable negative
aesthetic effect.
Medium - With appropriate mitigation, site development will have very little, if any,
aesthetic impacts and will not: Obstruct scenic vistas and views open to public view;
result in the creation of an aesthetically offensive site open to public view; cause the
destruction or modification of a scenic route; and/or have a demonstrable negative
aesthetic effect.
Hi~h - There is no possibility that site development will: Obstruct scenic vistas and
views open to public view; result in the creation of an aesthetically offensive site
open to public view; cause the destruction or modification of a scenic route; and/or
have a demonstrable negative aesthetic effect.
8. Acquisition: Is the property owner willing to sell or enter into a long term lease?
Low - The property owner is unwilling to sell or enter into a long term lease. If the
site is chosen, property acquisition may be difficult or delayed.
Medium - The property owner is willing to sell or enter into a long term lease, but
further negotiations are necessary to work out major issues related to
price/costs/lease agreement.
High - The property owner willing to sell or enter into a long term lease and very
little is required in the way of negotiations to secure the property.
9. Project ProcessIng: What discretionary permits are required as a result of the land
use being placed at the particular site?
Low - Three to four discretionary permits required involving public forums and
several public hearings.
Medium - Three to four discretionary permits required involving three to four public
hearings and/or forums.
/6A -9
Transfer Station Site Selection - Phase Two
Explanation of Methodology
Page 5
High - One to two discretionary permits required involving one to two public
hearings and/or forums.
10. Rail Access: Is there rail access to the site? H not, is there the possibility that there
can be in the future?
Low - There is no rail access and there is no possibility that a rail line can be
extended to the site.
Medium - There is no rail access, but there is the possibility of extending and existing
rail line to the site.
High - There is rail access to the site.
/blJ -/D
Attachment B
~
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PROJECT
LOCATION
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CHULA VISTA PLANNING DEPARTMENT
PROJECT OE.eMPTION:
LOCATOR APPLICANT:
Q)
JlI()IlTB
ADDRESS: 84 ENERGY WAY
SCALE:
NONE
FILE NUMBER:
NONE
SITE 14
/bA -II
IIIIO.IECT
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR APPLICANT:
C9
ADDRESS: 1!!51l1lAXWELLROAD
NORTH
SCALE:
NONE
IFI~ENUMBER:
NONE
SITE 13
IbA,,~
ilT:..~F CHYLA 't'IST~
CITY O~ NATIONAL ell'!'
PRO.JECT
LOCATION
r-
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CHULA VISTA PLANNING DEPARTMENT
C9
ADDIIElI: 900UYMlUUVAilD
l'tlOJECT DEICIltP1l0N:
SH FER
E N-
LOCATOR APPLICANT:
_TB
ICALE:
NONE
FlU NU_ER:
NONE
SITE 3
-8
It_
Meeting Date
)108
10'4'94
COtJlJCIL AGENDA STATEMEllT
TITLB: REPORT Consideration of City's Options for Local
Enforcement Agency (LEA) Designation and Certification
SUBMITTBD BY: Deputy City Manag~~emPI ~V - ~
Principal Manageme~t~ssistant snyder~
REVIEWBD BY: City Manager~ ' (4/5ths Vote: Yes___ NO~)
~ Council Referral #2917
At the 8/9/94 meeting, Council discussed the city's options with
regard to changing the current designation of the County's
Environmental Health Services as the certified LEA handling the solid
waste permitting and enforcement needs within the city's boundaries.
To help provide more information about the viability of contracting
with another LEA (outside of San Diego County), staff was directed to
issue a Request for Proposals (RFP).
As part of that direction, staff was also to meet with Environmental
Health Services (EHS) staff regarding the City's concerns about their
ability to maintain autonomy and independence from the county Board
of Supervisors in the performance of LEA responsibilities. This
report includes feedback on the response, describes the interest
level for contract services from other LEAs, and makes further
recommendations.
RBCOMMENDATION: Make no change to the current LEA designation at
this time but direct staff to:
a) begin working with the current LEA for the first phase
development of the transfer station while providing notice that
the City may still desire a future change; and
b) return in 60 days with a progress report to include an
updated recommendation regarding a change to the current service
provider.
BOARD/COMMISSION RBCOMMENDATION:
Not applicable.
DISCUSSION:
Backaround
The 8/9/94 staff report described at length that, li the city
determines that the LEA designation should be changed, the options
are:
1. Contract with and designate another certified LEA
2. City to become a certified LEA and then self-designate
3. Designate the State (California Integrated Waste Management
Board)
/~~ - /
page 2, Item
Meeting Date
/~B
10/4/94
There are also four different levels of certification based primarily
on the types of solid waste facilities within a jurisdiction, i.e.
landfills (active, inactive, closed, burnsites), transfer stations,
materials recovery facilities (MRFs) , waste-to-energy plants, etc.
A jurisdiction must have LEA services at the appropriate
certification level. Addressing the choice of contract LEA services
or city certification would also require a clear understanding of the
City's solid waste facility situation and the state Waste Board's
expectation of jurisdictional boundaries and level of services
required.
At the time of the August staff report, it was suggested that the
City may be able to exclude the otay landfill (requiring a TVDe "A"
certification) from its jurisdictional boundaries for LEA
certification purposes only, and concentrate on obtaining services
related to the proposed transfer station (Tvoe "C" certification).
This arrangement, if acceptable to the Waste Board, would allow the
County EHS to continue to handle LEA services for the landfill-
related activities. The City's responsibility was then expected to
be limited primarily to future transfer station permitting and
enforcement issues.
Contacts with San Dieao Countv EHS
Attachment A is a letter dated 8/11/94 from ERS responding to the
concerns expressed by Council at the 8/9/94 meeting (as reported in
the Union-Tribune). Staff from the City and EHS met on 8/18/94 to
discuss these issues and begin to identify questions and answers
relevant to the City's decision-making process for LEA services. As
outlined in the letter, the EHS considers the City as the client in
the provision of these services. It is the position of EHS that the
California Code of Regulations provides the regulatory framework for
LEAs and ensures autonomy of an LEA from a facility operator.
EHS staff have affirmed that they will continue to represent the
city's interests in the performance of their duties within Chula
vista's boundaries, for as long as the city's designation stays in
place. Although they would prefer to continue in this capacity, they
also offered assistance to effect a smooth transition of services if
it is the city's desire to change the designation. Finally, ERS
facilitated the resolution of certain issues with the Waste Board
staff and produced technical data relative to the City's particular
LEA needs which was important to adequately define the contract LEA
services being sought through an RFP process.
Modification of the RFP to a Reauest for Information (RFI)
As a result of meeting with ERS staff, talking with Waste Board
staff, and reviewing appropriate LEA documents, staff concluded that
a formal RFP process was not practical within the available time. A
formal RFP would have required interested LEA staff to process a
proposal through a number of organizational levels up to their Boards
I~~
Page 3,
Meeting
It_ / /p.6
Date 10/4/94
of Supervisors for approval before submittal. Given the Council's
interest in a short turn-around time because this issue is
paralleling the transfer station development, it was determined that
a less formal Request for Information (RFI) would generate the
information most needed at this time in the decision-making process.
The RFI was issued to 37 certified LEAs located throughout the State
south of Sacramento (Attachment B). It identified the purpose and
intent of the solicitation, indicating that the city may decide to
withdraw its present designation and desires information on the
viability of contracting for these services. A list of present solid
waste facilities in Chula vista was also included.
The City's territorial jurisdiction (for LEA purposes only) was
defined as excluding that portion of the otay landfill located in
Chula vista. This information was consistent with the preliminary
position of Waste Board staff, concurrence of EHS staff, and desires
of the City. However, LEA services at the highest level (TVDe "A"
for landfills, etc.) are now understood to be necessary.
It has become clear that the City has four locations within the city
limits (other than the otay landfill) which are either former solid
waste burnsites or contain some burnsite material which requires LEA
regulation. Two of the sites are located on the Shinohara property
and the other two locations are the Bayscene Mobilehome Park and an
area on Gunpowder Point. Any of the 37 LEAs which were solicited for
services could meet the TvDe "A" level certification requirement for
continuing the LEA services needed for these sites.
ResDonse to the RFI
The only positive response to the city's RFI was from the LEA for
Riverside County (Attachment C). The LEA has not provided contract
services in the past but staff are interested in considering the
expansion of their workplan. The LEA would provide field services
out of their Riverside office. Their staff do not anticipate any
difficulty maintaining the service at a distance since they indicate
that Chula vista is no further than some of the rural Riverside
County sites for which they are responsible. Although the distance
may not be different, this issue should receive further evaluation
since the services required by Chula Vista are likely to be different
than those rural sites.
Contract rates were provided although further discussion and analysis
would be necessary to more accurately estimate the number of service
hours Chula vista would require and the overall contract cost.
According to the Riverside LEA staff, a minimum of one month's lead
time would be necessary to obtain formal contractual approval from
the Riverside County Board of Supervisors.
Five other LEAs (noted by asterisk on Attachment B) reported that
they would not be interested in providing contract services at this
Ib~-3
paqe 4, It_ J ~.A
.eetinq Date 10'4'94
time due to political or manaqement considerations about supervision
of the services or the addLtional workload.
other Considerations Reaardina Re-desianation
Independent of the Manaqer's staff contacts with San Diego County
LEA, the city Attorney had an opportunity to discuss with Waste Board
staff the Council's concerns about ensuring fair and timely LEA
service. His feedback confirms the previous information that there
are sufficient safeguards in the regulatory system to address these
concerns. However, should a biased situation occur, it is the
state's position that they would have the authority to intervene and
separately process a solid waste facility permit for a transfer
station.
In addition to the factor of impartial treatment, the timing of a
decision to re-desiqnate should be considered. Although the transfer
station project is only in the development stage, every effort has
been made to keep the project "on a fast track" due to the
unacceptably high costs of the local disposal system. A number of
actions would need to be carefully coordinated in order to protect
the City from being left without approved or certified LEA services
during important planning stages of the transfer station project.
These actions include a formal notice of withdrawal of the current
LEA designation, designation by the City of another certified LEA,
possibly demonstration of LEA certification requirements by the City,
and official approval by the State of any new action. All of these
activities have specific time limits set by statute. The "best case
scenario" is a minimum of 90 days.
Concurrent with the orchestration of these activities, negotiation
and execution of an inter-agency contract would be necessary if the
city were to contract for LEA services. If the City chose to become
a certified LEA instead of contracting, the start-up time to hire
appropriate staff and establish an acceptable organization and
workplan would require an estimated minimum of six additional months.
Conclusions
The most prudent sequence of decisions on the LEA issue is to first
determine if it is important to change the current designation from
the County EHS. The staff recommendation at this time is to leave
the present designation in place while continuing to fOllow-up on the
viability of services from Riverside County.
Officially, work on the solid waste facility permits (LEA
involvement) is not required until the CUP has been issued. However,
working closely with an LEA during the developmental stages of a
project expedites the subsequent solid waste permitting process.
This factor has been echoed by a number of LEAs and the Waste Board
staff. For the reasons discussed in this report, no disruption of
It,/?;-'f
Page 5,
Meeting
It8lll/~
Date 10/4/94
the present LEA relationship at this time appears to be the most
efficient action with regard to the project underway.
The City has a right to withdraw an LEA designation at any time. A
progress report with an updated recommendation within 60 days, or at
any time prior that there may appear to be a need for change, will
give Council additional information not available at this time.
Based on the revised information, the city will be better able to
schedule a desired transition in service: to Riverside County LEA (or
any other interested service provider), or City certification and
self-designation. In the meantime, the transfer station development
will proceed. Following this recommended course of action should
provide maximum benefits and minimum risks to the present project.
FISCAL IMPACT: There is no fiscal impact as a result of the
recommended action to make no change to the LEA designation at this
time. LEA services required by the transfer station development are
accounted for within the negotiated contract with Sexton, regardless
of which LEA performs the services.
Additional financial information regarding a cost comparison of
services between the Counties of Riverside and San Diego will be
provided in the subsequent staff report on this subject.
I b6 --5
Attachment A
.'
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QIountu of ~an JEliego
ROBERT K. ROSS, M. D.
DIRECTOR
(619) 236.2237
DEPARTMENT OF HEALTH SERVICES
1700 PACIFIC HIGHWAY SAN OtEGO, CALIFORNIA 92101.2417
August 11, 1994
Mr. John Goss, city Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Dear Mr. Goss:
RE: LOCAL ENFORCEMENT AGENCY (LEA) DESIGNATION
?
San Diego County Environmental Health Services (EHS) serves the City of
Chula vista as their designated LEA. As the LEA, we read, with
interest, the San Diego Union-Tribune article regarding Chula vista
expanding trash disposal options. This letter is an attempt to clarify
the position of EHS as the designated LEA for the City of Chula Vista,
and offer our assistance in whichever direction the City of Chula vista
chooses to go.
The newspaper article indicated that there was a strong concern on the
part of the city Council, that because EHS is a County agency, we could
not act impartially on behalf of the city of Chula vista if the City
were to choose to withdraw from the County Waste System. We want to
reassure you and your council that ERS, as the designated LEA for the
City of Chula Vista, will respond to the City'S LEA needs, and is not
influenced by the County Department of Public Works, who operates the
landfills and manages the County's Solid Waste system.
California Code of Regulations (CCR), Title 14, outlines the
requirements to be certified as an LEA. One of the requirements is "A
certified statement that the designated local agency is not the
operating unit for any solid waste handling or disposal operation, solid
waste facility, or disposal site in the designated jurisdiction".
Additionally, organizational charts documenting the separation of the
LEA from public agencies or departments that are the operating units
under the local governing body, are' required. This separation and
autonomy from an operator is considered very important, and strictly
observed. To date, the LEA has never experienced an effort by the
County's Board of supervisors, or the County's Chief Administrative
Officer to influence the activities of the LEA. This includes instances
IIprevenlbJo::; First"
John Goss, City Manager
-2-
August 11, 1994
when the LEA has initiated the beginning steps of enforcement actions
against the County. As the LEA, we respond to the california Integrated
Waste Management Board, who oversees our program and monitors to ensure
that no conflicts of interest between an LEA and a solid waste operating
agency develop. The only difficulty we see, as the LEA, with the city
of Chula Vista withdrawing from the County's solid waste system, is the
development of an equitable mechanism for the city of Chula vista to
fund their fair share of the LEA program.
with the above in mind, please be assured that we take the city of Chula
Vista's desires to site a solid waste transfer station very serious, and
are anxious to assist in the permitting process. The most important
element of the siting of a facility of this nature is the local land use
permit. Locating an appropriate site for the facility is a land use
decision of the City of Chula Vista. In making that decision, it is
usually best to be working concurrently on drafts of the documents
required for a Solid Waste Facility Permit (SWFP). This ensures that
all issues required for the SWFP are consistent with the issues
evaluated under the California Environmental Qua~ty Act (CEQA) during
the land use decision. Historically, we have been successful in
expediting SWFPs when we are able to work with a proponent as they go
through the CEQA process. We would like to be able to assist the city
in the same fashion.
While we would like to remain the City of Chula Vista's designated LEA,
if the City of Chula Vista does decide to withdraw its' designation, we
would like to cooperate and assist the city in the transition to a new
LEA. I understand staff from our LEA program have arranged a meeting
with members of your staff for Monday afternoon, August 18, to discuss
these issues and provide assistance. Again, we want to assure you that
we are the designated LEA for the City of Chula Vista, and will act as
such for the City within the City'S Jurisdiction.
If you have any further questions, please call me at (619) 236-2237.
Sincerely,
~(V/~ .-/
GARY R. STEPHANY, Assistant Director
Department of Health Services
GRS:dmp
cc: Stephanie Snyder, City of Chu1a vista
Mary Coyle, CIWMB
Christine McCracken, CIWMB
Lari Sheehan, DCAO
Tom Montgomery, County Counsel
Dan Avera, EHS
Ken Calvert, EHS
LeAnn Williams, EHS
/~8-1
Attachment B
Mailina List for LEA Reauest for Information (RFII
Alameda County
Amador County
Calaveras County
City of Vernon
city and County of San Francisco *
City of Los Angeles
City of Solano
City of San Jose *
City of Pittsburg
City of Long Beach
City of West Covina
Contra Costa County
Fresno County
Imperial County
Inyo County
Kern County
Kings County *
Los Angeles County
Madera County
Marin County
Merced County
Mono County
Monterey County
Orange County *
Riverside County
Sacramento County
San Diego county
San Benito County
San Luis Obispo County
San Joaquin County
San Bernardino County
San Mateo County
Santa Clara County *
Santa Barbara County
Tulare County
Tuolume county
Ventura County
* LEAs indicating no interest
I Ie t3 -!
1:IS/22.r:l'l
l::l;qq.
~."'I
Attachment C.
INFORMATION RRSPONSF.8
Certifications:
Staff COlltact:
TlIlc:
Phnnclfax:
Rlvel'lllde County LEA
RIverside Count)' J>epartmenl of Envlrommlutal Heallll
1737 Atlanta Ave Bldg, H-5
Rlvcndde, CA lJZS(YJ
"A", "B", "CO' &: I'll"
Damian Melnl
Division Dlredor
(909) Z75.8980
Fax 78] .9653
Agency Name:
Ad~ss:
At a preliminary level, would your agency be Interested in providiu& tlle City of Chula Vista
with LEA service~? If your agcncy is not intcreslcd in taking OIl contract LEA worlc. at this
tlmc,illilbecnuseof:- - '" , .. '..---'"
1="'-.~/--'t.1 1..-. r ~ '-''');-'"''::T "1'"'-
We are Interested In the pOllSlblllt)' of providing U~A flen/lces Co the City or Claula
Vlsla,
If your ftl!CIlCY may cOllslder cont1'llct services, plcal.-c anawcr:
1. Would you anticlpatc any dlfficultles modifying your ill'P to include the Chula Vista
workload?
No.x
Yell Implications:
2, What- experience has your agcucy had providing contr.wt LBA NCrViCCll? Idcnllfy tile
olher jurlsdlctlons lInd describe the services provided, including COlltllcl nllDle or
reference.
To date, we have had DO experience In provldlng wnCrad. for LEA lervlees. The
Department dot'$ howcvcr contract with a nnmber or clUes within Riverside Cunnly fur
II variety uf Envlronmenlalllealth Services.
3. Briefly describe the key c1cments and 5a~lInls you would proposo to use to enRure
tbat bod) the regulatory requirements and Chula VlllUl'g needs are best served.
Speclflcally address how the location factor would be hllJJdled,
A) The RlvCl'lllde Count)' LEA has developed Bnd lKlopted IlUlnel'OlJll pollcles
intmdccl to enllUrc operational conformity with regulator')' .....lIlrcmentll. We
will be Ilal'PY to lIDppI)' c:opie8 of dI_ pollcles upoD requtlllL.
B) We stress worklnC with a proponent during the developlDental stages of a
proj~" rather dIan wailing for the permitting pha_, This bas proven erructlve
I~~q
09/22/94
15:45
HAZMAT
"""
In Insuring that the .ppHeants needs and Slate l"I!JUlutlons uno met with minimal
Ume and expense.
C) Our expeaienee Includell pavtellSlng IIUd Is5utng permits for two (Z) MRFs,
with lonnage's of 1800 & 2800 tpcL
D) With regards to the location luoe:
1. Field work Is. rel.t1vely small portion oflbe LEA's entoreement llct1v1t)',
especially during development and pcrmlUing phucll.
1. ("'ImJ. VIsla Is no further from our Rlverslde omce, whlch wwld be tbe
base for our contract actlvltles, than many of our own count)' lilies are
from our oMccs.
4. Assume at Jea5l 1000 nlalThuun; lll'Cuccdccl 011 all annual basi~. J)ellcribe your
CU\1l)J1t allocation for l\Xlhnical .1UCf 1II1d bow Y.QU would. PfOvide JDcae C/Ctra "fl!!J:8'
Jdcntifywhere'Staff would be located. '-'~_._- -,--:
A) Otlr current J..EA stalTlnK ill
. 4 ~nvlronmelllal Health Specialist 1115 (ImS ms), Rlvel'llJde.
. t EllS III, Bermuda Dunes
. :r. RHS IV, Rlvernlde
. 1 ~IJS IV, Bermuda Dunes
. 1 AS$Od.te C1l'i1 Engineer (Hcensed), Rlvcrslde.
B) See .U.chcd sheet It for eurrent staff all_tlon.
C) Alllndleated above, the contract would be senlced form our Riverside oMcc.
5. What Jcvcl of lIppl(>val would be required for your agency to enter iuto a conlfaclUal
arrangement with the C1IY, and how much lead dme would that require?
All c:onvaetual agreements must be approved by the Boarcl of Supervisors, wblch
would entail a minimum 30 day lead.
6. J>lcallC provide oilhu an establisbed ratc structure for YOUT services or an estimate.
Identify chargOK as:
See aUachocl worksbeet In
7. PIClIlIO submit II lIlDllplc of)'OUT J..nA lIOJ'ViCOll contract, if your IIge1'lcy hill' one..
No example avaOable
I~~ -/b
1219/22/94
15:45
HAZMAT
""""
II. Any olher rclevanllnformation 1I0t covered above which would demonstrate your
Inlol'osl and ability 10 work with Chula Vista 011 this projecl?
11lt IUvcrslde County LEA bas been asgresslve and IIIm/Vlltin In It'8 regulawry role Il8
evlcJeneecJ by nvmerous I'Irsf.8:
. Processed and ilsued tbe On1. Solid Waste Fadllty Permit (SWFl") to a Iludge
llOIIlpoltlng lite.
. "ro~ and Issued one of the first Green Waste ComptMlng Permita under the
regulatlOIl5 approved In 1993.
. ID8tltuted one of the first dlsposalllllc dean-UPI authorized by AD 2136 of 1993
(HaRtIn).
. Tbc-ttrfit l~c9~ red~gnated bY"dJc CiWM8 under the rulesest.bllshucfi'or
J99:Z.
~t:,
We apprccialC Ihe oppoltulllty t.o _pond to this RPl. We look forward to tho opp<>rtunity to
expand upon our capabilities and 10 develop a proJlClSllIthal will be to the benefil of lho city.
We boliove that we ean provldo a qualified, if lIol wpcrlor program
(rcbllOlUiC prellftl"Cd by Damian J_ Moins. Division Director)
I~~-II
l::J::tr~
l:);qb
I"IiLJTIHI
"""'"
1'lme Task Analysls--n 5141515
Rlveralde Connty UtA
Worksheet #1
RIVERSIDE COUNl'Y
r..QCAL SOUD WAS1:H MANAGEMBNT ENFORCBMBN7'AGRNCY
WORKLOAD PROJECTIONS: FY 1 &94t'9G
I
INllrltCJ1ON8l ItOUIllIIINSrIICI1<lN
-. ..MJlU1Y 'fl'I~' NO.. YJSllII. (IH . .WINlJTJW""'.) TOTAL TIM"
LANDflU.s '''Co ,"'~ '....~r ,~ C 13 -'~-12- 5 780 -C~
TRANSFER STATIONll 3 12 2 72
MATeRIAL m:COVl!RY rACILlTIES 2 12 -1 96
COMPOST FAGl11TIP.6 8 12 6 180
EXEMPT lllTES 10 4 2 80
INACTIIIE 4 12 1.5 72
OLOSED 6WFe 28 4 3 336
UNPI!RMIT'I'l!l> slTee 6 12 2 120
SOLID w...srlO HAULERS 20 4 4 320
SOLIO WASTE VEHICLES 1129 2 0.5 G29
LIQUID VIlA 1m. HAUI..ld<S 73 2 2.5 *65
LIQUID WASTE WHICLES 175 2 0.5 175
SLUDGe APrLlCA1'ION 8n1,S 35 3 4 420
CORRECTIVE ACTIONS BA8EO ON
FACILITY INSPECTION FREQUENOV 900 40.00% 2 720
ENFORC!M!NT AaTIONS BASED ON
FACIUTY INSPIOCTION FREQUENCY IlOO 25.00"10 2 450
PERMIT ACTlVmes MaED ON EXISTlNB
ANa ANTICIPATED NEW FACLmES 17 1 150 2720
GENERAL COMPLAINTS 65 1 4 280
GENERAL OFFICE ...CTlvmES 8 230 , 1840
MEETINGS 2/MONIl1 8 24 8 1G36
TRAINING 8 12 8 768
'orllL WORK\.o,\D HOURS NEEDED 11839
'800 HOURIl(FTE+l!8O DAYll)PER PERllON AVAIL,\BU! NO. OF STAFF REQ'D 6.&8
"'~c:;:oMPLAIN1SINC.lLUOt .........llllU NrIIfrIJNoI"I!fMTnOtlOlIPWA$'It. ,.JilDtlJIlI!:..raw...IIIPt,t~NOorI:I'WIl.TOI1O
AS WEUAII Ut:O#lll tMHl"OfW. ON yNJN(fOl\PUaIO~'"
TIMETASK,l<t..S
Page 1
9/22194
3:35 PM
!1e,8 -/02
09/22/94
15:47
HAZMAT
006
CoBb'act Rate StnJ~ture RiversIde Count)' LEA Worksheet #2
Riverside County I,EAI Contract RaCe Structa...
Supervlsln Associate DMslon
EHSIII EHSIV EHS Eo loser Dlreotor
Hourly $19.55 $20.74 $21.88 $27.84 $28.14
BENEFIT
AATE 32.91 % 32.91% 32.91% 32.91% 32.91%
e support/ove
rhead 87.65% 87.65% 87.65% 87.65% 87.65%
plies 91.39% 91.39% 91.39% 91.39% 91.39%
Communloatl
ons(Phone
Fax, Eto) 80,4 8% 8% 8% 80,4
.CE ul ment . - 5% ..... .5% - 5%__.. 5% , _.5%
'~C' ,,...-," 1 0:-; I M~ '~'~""""-''''' ......-:.
Totsl hourly
rare $63.53 $67.39 $7UO $90.47 $91.44
Travel .401mUe .40/mlle .401mlle .4OImlle .40/mlle
Per diem $508.22 $539.16 $568.79 $723.73 $731.53
OVenlme 1.5:1 1.5:1 1:1 1.5:1 nla
Page 1
1;,/3 .../3
COUNCIL AGENDA STATEMENT
Item 1"'7
Meeting Date 10/04/94
ITEM TITLE: Resolution I "1(... "0 Appropriatingfunds, accepting bids and awarding
contract for "Sidewalk Safety Program, Fourth Avenue, East side - From 450 Ft
south of Orange Avenue to Anita Street" (STL-218) in the City of Chula Vista,
CA '
SUIlMl'ITED BY, r>=urr "'...."" w-J
REVIEWED BY: City Manager~ (4/Sths Vote: YesXNo_)
At 2:00 p.m. on August 3, 1994, the Uector of Public Works received sealed bids for "Sidewalk Safety
Program, Fourth Avenue, East side - From 450 Ft south of Orange Avenue to Anita Street" (STL-218).
The work to be done consists of street widening, new curb, gutter, sidewalk and miscellaneous
landscaping. However, staff is finalizing the report.
RECOMMENDATION: That Council continue this item to the meeting of October II, 1994.
SA:AX.13O
WPC M:\I1oJu\qinccr\agcnda\4lb1w.con
ll-l
COUNCIL AGENDA STATEMENT
Item 1'8'
SUBMITIED BY:
Meeting Date 10/4/94
Resolution I'l'-%t of intention to consider vacating a portion of Moss
Street northerly from its intersection with Naples Street westerly to the 1000
Block of Alpine Avenue and setting a public hearing on November I, 1994 at or
after 6:00 p.m.
Director of Public wor~
City Manage~ '()~ (4/5 Vote: Yes_ NoX)
ITEM TITLE:
REVIEWED BY:
The San Diego Country Club and Country Club Villa Estates, owner of the triangular piece of property
between Moss and Naples Streets westerly of the juncture of those streets, have 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, in order to consider a
request for such vacation, the Council must fIrst hold a public hearing. The adoption by Council of the
subject resolution of intention sets the hearing's date and time.
RECOMMENDATION: That Council approve a resolution setting the public hearing for Tuesday,
November I, 1994 at or after 6:00 p.m. and direct the City Clerk to post the notice of the public
hearing in accordance with the Streets and Highways Code and City ordinances.
BOARDS/COMMISSIONS RECOMMENDATION:
1. 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
)~-I
Page 2, Item 18'
Meeting Date 10/4/94
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:
Backl!l"ound
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 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 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, 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 requirement of the development of the triangular parcel.
N-d-
Page 3, Item 18'
Meeting Date 10/4/94
Parcellnfonnation
The existing parcel containing 8323 square feet (SF) 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 SF would revert to the Country Club Villa Estates Parcel and 18,544 SF to the
Country Club. If the Country Club portion were combined with the Country Club Villa Estates portion,
the parcel would contain 39,126 SF. Currently Alpine Avenue has a street right-of-way of 60 feet.
In order to meet the General Plan designation, the street must be 72 feet in width. Consequently, street
dedication for Alpine Avenue would be required. That dedication would be approximately 1,000 SF
leaving a parcel containing approximately 38,000 SF (see Exhibit" A") which could, theoretically, be
subdivided into five single family lots if the configuration of the parcel would support it.
A n....ment Alternatives
Various alternatives were presented to the Safety Commission for its consideration. The proposal
requested by the applicant (Exhibit "CO) was recommended by that Commission.
One of the proposals considered by the Safety Commission was to align Alpine Avenue on the north
side of Naples Street with the existing portion 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 for a number of years. Aerial photos from 1960, 1968, 1978, 1986 and 1991 indicate a worn
area created by vehicles crossing from the intersection, across the land and meeting Moss Street on its
south side. Desiring the realignment of Alpine Avenue to the east, public input has indicated that they
believed the City had the right-of-way for that extension by prescriptive rights. A prescriptive street
easement could possibly be obtained, but would require court action and could be quite costly. The
property owner, on the other hand, indicates that 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 perfect its prescriptive rights.
Staff believes that the alignment proposed by the applicant significantly improves the intersection,
maintains the existing segment of Alpine Avenue and is viable because of the low traffic volume on the
portion of Alpine Avenue south of Naples Street (260 average daily trips). Also, aligning it as a
four-way intersection with Alpine Avenue to the south would either leave the existing Alpine Avenue
north of Naples Street less than 100 feet to the west, or require its vacation. There are two houses on
that section of Alpine that face the street, but have their driveways off of Naples or Moss Streets.
Vacation of that portion of Alpine would give those two properties additional land area, but would
require removal of the existing street improvements, realigning the sidewalks to take access off Moss
or Naples, and changing the addresses.
f<i - '3
Page 4, Item I r
Meeting Date 10/4/94
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.
Access to Alpine Avenue
The Safety Commission recommended that 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.
Accident Record
According to accident records from January 1, 1990, through the end of July, 1992, there have been
two reported accidents at the intersection of Moss/Naples/First. One of these accidents involved a
single vehicle going west hitting the chain link fence along the Country Club property line. This
accident occurred in 1990. The other accident involved two westbound vehicles approaching the
intersection when one vehicle rear-ended the other.
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 presented by the acute angle of the intersection, drivers tend to be extremely cautious when
making turning movements. None of the accidents mentioned appear to be attributable to the existing
geometries.
Comnen~ation for Vacated Area
Council has, in the past, required payments 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
]<2 - '-/
Page S, Item / ~
Meeting Date 10/4/94
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 that area to be 50 % of full value or $2.50 per square foot. The water
easement will contain approximately 6000 square feet (s.f.). Therefore, staff estimates that the value
of the vacated land to be 11,500 s.f. X $2.50 + 18,300 s.f. X $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 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 or less.
Future DeveIQDment
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 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 along 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
tt-s
Page 6, Item / 't'
Meeting Date 10/4/94
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-1
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 fmal 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.
Noise Imoacts
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 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. "
Oooosition 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 complaints were
tK-to
Page 7, Item If'
Meeting Date 10/4/94
concerning increased traffic on Naples Street and Alpine Avenue and 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, result in hazards for schoolchildren using Naples Street with its
lack of sidewalk.
Other complaints were regarding increased noise and air pollution and the expected compensation to be
received by the City for the vacated right-of-way.
In addition, the residents felt that the traffic would be diverted from Moss Street to Naples Street with
the closing of the Moss/Naples intersection. The speed of traffic on Moss Street and Naples Street was
also indicated as a concern.
The Safety Commission questioned whether there was adequate room on Naples Street for vehicles
making a left turn from both sides of Alpine Avenue to Naples Street.
A number of comments from the residents were concerning future development of the property. The
Planning Commission felt that the area should not be vacated until a plan was submitted to indicate how
the parcel would be developed.
Resoonse to Oooosition
Staff agrees that the closing of Moss Street at Naples Street will divert traffic to the intersection of
Alpine Avenue and Naples Street. Some stacking is anticipated at the intersection during peak hours.
The applicant will be required to improve Alpine Street to 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 flows on Moss and
Naples Streets will remain essentially the same as they are now. There may be a minor increase on
Naples Street, but that change is anticipated to be less than 5 percent. Staff believes that westbound
motorists intending to go to Moss Street, or north of Moss, will still travel Moss Street from this
intersection rather than go 1/4 mile out of the way and through at least one more traffic signal to stay
on Naples Street. Staff doesn't believe that this project will increase speed on either street. There will
be an additional stop sign on Naples which could lower overall speeds.
The residents felt that the waiver of sidewalk along Moss would encourage students to use Naples St.,
which has no sidewalks on either side for considerable lengths. Moss St. does have sidewalk on the
south side, and there is no reason to walk on the north side since there is a fence along the total length.
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
It-I
Page 8, Item / !'
.
Meeting Date 10/4/94
of the two intersections in the direction favorable to the flow of traffic, should prevent conflicting
movements.
Public Notice
Due to the amount of opposition which has been generated against this project, staff will exceed 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 and owners of properties along Moss Street and Naples Street between Alpine Avenue and Third
Avenue.
Conclusion
There is an opportunity here for the City to clean up an area that may otherwise remain 'under
improved'. For example:
. No curb and gutter along Moss Street between Third Avenue and Naples Street
. No curb gutter and sidewalk along Naples between Alpine Avenue (north side) and Moss Street
. 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 Commission, staff recommends that Council adopt a resolution
of intention to vacate Moss Street as proposed by the applicant with the following conditions:
1. An all-way stop will be established at the intersection of Naples Street and the portion of Alpine
Avenue north of Naples Street.
It -g'
Page 9, Item If-
Meeting Date 10/4/94
2. Alpine Avenue north of Naples will be widened to 52 feet curb-to-curb in order to facilitate traffic
flow at the intersection.
3. The developer/owner of the triangular parcel will install all needed street improvements along the
parcel's Alpine Avenue and Naples Street frontages.
4. Retain an easement 20 feet wide for Sweetwater Authority on the north side of Moss Street.
5. Restrict access to Alpine Avenue to those locations approved by the City Engineer and Director of
Planning.
6. Either pay the City $100,000 or 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.
7. The resolution will not be recorded until the Planning Commission has approved development of the
parcel.
FISCAL IMPACT: None. All costs to process the vacation are paid by the applicant. Income from
compensation for the right-of-way (estimated at $120,250) could be realized, if the improvements are
not considered as compensation.
Attachments;
~
Exhibit "D";
Exhibit "E";
Exhibit "F";
Exhibit "G";
Exhibit "R";
File No. PV -057
Plat showing areas to be vacated and the vacaot parcel V
Copy of report to Council on request by San Diego Country Club for relief from requirements
to install improvements along the north side of Moss Street.
Plat showing aligmnent of Moss Street (if subject portion is vacated) as recommended by the
Safety Commission
Plat showing an alternate aligmnent suggested (but not recommended).
Plat showing recommended improvements to be done at new intersection
Safety Commission Minutes from meeting of 9/9/<J3
Planning Commission Minutes from meeting of 10/27/<J3
Resource Conservation Commission Minutes from meeting 11/22/<J3
WAU/1WH1JPL [M:\HOME\BNOINBBR\AGBNDA\RESO _INT .A13]
18"-'1118-/0
RESOLUTION NO. JiCa)j- I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO SET A PUBLIC
HEARING ON NOVEMBER 1, 1994 AT 6:00 P.M. FOR
THE CONSIDERATION OF VACATING A PORTION OF
MOSS STREET NORTHERLY FROM ITS INTERSECTION
WITH NAPLES STREET WESTERLY TO THE 1000 BLOCK
OF ALPINE AVENUE
WHEREAS, the San Diego Country Club and Country Club
Villa Estates, owner of the triangular piece of property between
Moss and Naples Streets westerly of the juncture of those streets,
have requested that the City vacate the portion of Moss Street
between Alpine Avenue and the aforementioned intersection as shown
in Exhibit "A"; and
WHEREAS, in accordance with the California Streets and
Highways Code, in order to consider a request for such vacation,
the Council must first hold a public hearing; and
WHEREAS, the Resource Conservation commission considered
the Negative Declaration on 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; and
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby set a public hearing on
November 1, 1994 at 6:00 p.m. in the Council Chambers, 276 Fourth
Avenue, Chula Vista, Ca. to consider the vacation of a portion of
Moss Street northerly from its intersection with Naples Street
1
If - / /
westerly to the 1000 block of Alpine Avenue as shown in Exhibit
"A".
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to post the notice of the public hearing in accordance
with the Streets and Highways Code and city ord' ances.
John P. Lippitt, Director of
Public Works
Presented by
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 9'
~-~~t
Meeting Dlte 1/16i88
Report on the request of the Sin Diego Country Club for relief
from requirements for ins:~~~n of improvements
Director of Public Works ~v "_
City Manager (4/5ths Vote: Ves No X )
--
SUBMI~D BY:
REVIEWED BY:
The San Diego Country Club has applied for I 1I0dffication of its Conditional
Use Permit for the temporary use of a portion of the southerly end of t~ golf
course property (fronting Haples Street) IS I plrking lrel for lIembers
vehicles and to place five commercial trailers as interim locker rooms, pro
shop and offices while the permanent clubhouse is under construction.
As part of the review of this Ipplication the Public Works Department has
required a number of street improvements in conjunction with the building
permit for the interim facilities Ind Idvised the Country Club that I
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 flcilities now. Permanent
improvements along Ilaples Street would be required at such time IS I 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 Ind street lights Ilong 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 I
Block Act project with I petition requesting Slme submitted by the Country .
Club,
.
(2) that the proposed interim driveway be located It I point opposite Dixon
Street with minor widening in Naples Street to provide for left turning
vehicles to be bypassed by through vehicles and ldequate trlnsitional
improvements to allow for a safe connection of the driveway to the Haples
Street roadway,
I
(3) concur with the requirement that ultimate improvements along Naples Street .
will be installed It such time as the permanent development of the
fronting property occurs or if the improvements Ilong ~he south side of
Naples Street Ire installed by an Issessment district the Country Club
.will agree to participation in I district to install the Naples Street
improvements along their frontage.. { . .. ;J
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Page 2, Item ~
Meeting Date Z/Z/B8
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DISCUSSION:
A number of processes have been included in the Country Club's overall project
and as a result, some inconsistency on our part ~ have developed.
The processes that have been involved to date include:
1. A Conditional Use Permit for the construction of the new clubhouse which
was approved in March, 1987.
2. A Conditional Use Permit for interim facilities at Naples Street currently
being processed.
3. Envi ronmental reviews for interim hcil ities at uL U Street and at.Naple:
Street.
4. Building Permits for the placement of mobile units at Naples Street.
S. Building Permit for the reconstruction of the permanent Clubhouse at UL"
Street.
The Conditional Use Permit for the construction of the new club house centered
on the site of that structure at UL" 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.
Representatives of the Country Club requested a meeting with staff to discuss
these requirements and several discussions have ensued. On the basis of a
discussion on January lS, 1988, a preliminary agreement IS 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 as necessary to provide
safe ingress and egress from the relocated entrance.
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Page 3, Item ?
Meeting Date Z/Z/BB
3. The Country Club would make an affinnative conmitment to participate in
future assessment districts for the provision of permanent public
improvements on a fair pro rata basis.
Letter dated January '8, '988 from Stephen P. Ogge' which is attached as an
exhibit, contains statements of such agreement.
In our .origina' proposed conditions of approval we identified street lights,
IIOnolithic curb, gutter and sidewalk, street paving to a line 32 feet north of
the centerline of Nap'es Street and possible drainage facnities as bun ding
permit requirements. We also indicated that utnity service facnities would
be requi red 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
bei ng developed (1. e., the new cl ubhouse). 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 Club's entire frontage as either
conditions of approval for tne Conditional Use Permit or a Building Permit.
On the basis of this information 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 Naples Street and 550 feet along Moss 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 facnities along Naples
Street shoul d not create an illlTledi ate need for permanent improvements alon9
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 ~mporary
facilities during their existence.is adequate. If an improvement. district
should be created for improvements along the south side of Nap'es, we believe
it would be reasonable to require their insta'1ation across the Club frontage
at that time.
A very preliminary estimate of providing the il\Provements as recClllllllnded in
Moss Street is $62,000 (less than n of total project cost). This cost
includes the installation of curb and gutter along I 2,450 foot segment of
Moss Street, minimal pavement overlay, preparation of the street subgrade and
street lights.
/73 - /7
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'age 4, Item f(
Meeting Date Z/Z/88
An exhibit showing the Country Club property, the location of the improvements
and the proposed temporary and permanent, structures is attached, for
reference IS Exhibit "A". Exhibit "8" shows the temporary Club facilities.
The temporary Cl ub facn ities to be installed adjacent to !laples Street under
a Building Permit are proposed to be conditioned to have the driveway
relocated to align with Dbon Street and to provide' for left turns into or
from Na'ples Street by a wi dening of the street pavement and restriping.' 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.
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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. PllMIS!@ of AII@ldancl!!Silent Praver
3. ODenin!! Statement. Read by Chair Thomas
4. Aooroval of Minutes: July 1, 1993 (Workshop); July B, 1993 (Revised); August 5, 1993 (Work.
shop); and August 12, 1993
.
MSC (Braden/Pitts) '0 accept the minutes of July 1, 1993 (Worbhop); July 8, 1993 (Revised); Ausust 5, 1993
(Worbhop); and August 12, 1993 u presented. Approved unanimously with Commissioner Koester
abstaining on the minutes of July 8, 1993; Commissioners Pitts and Koester abstaining on the minutes of
August 5, 1993; and Commissioner Braden abstaining on the minutes of Ausust 12, 1993.
MEETINC ACENDA
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 uked how much additional traffic would be created on Alpine A~nue.
frank Rivera said the current wlume on Alpine Avenue wu approximately 200 vehicles per day.
.
Hal Rosenberg said there were 6,000 cars traveling on Moss Street. Those vehicles would be transferred 10
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 uked if there was ofktreet parking allowed on Alpine Avenue lInd how many spaces would
be lained by widening the street.
Frank Rivera answered that ofktreet parking was allowed.
Hal Rosenberg said when improvements were made, there would be parkinl allowed on both sides of the
street. I ~ - .;23 -F.....\
Safety Commission Minutes
September 9, 1993
Page 2
'1
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 PitlS asked staff ifthere 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 short, but staff felt motorists at a stop sign had adequate time to judge
the surrounding circumstances. The abi lity 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
volumes of traffic were balanced on both Moss and Naples Streets.
John Kr.bacher, 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 bui It on the
land.
1
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 work 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 property.
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.
Gft, COJi;. J130 .0001ta .oad, Sun. 200, Cbula Vist.... CA 91910, represented the San Diego Country Club
and the Country Club Villa Estates who were the ~plicants for 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-1 and was a 8,000 square foot triangular parcel which
could accommodate one residence. With the vacation of Moss Street, it could accommodate four to five
homes. The San Diego Country Club was supportive 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
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Safety Commission Minutes
September 9, 1993
Page 3
improvements from Third Avenue to Alpine Avenue and Naples Street were valued at approximately S 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.1, 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, '61 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 50 tickets. Mr. Mitchell said he watched motorists roll through the stop sign at Second Avenue at
speeds of 30 . 50 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 statistia 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.
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Safety Commission Minutes
September 9, 1993
Page 4
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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.
'obert a.m, '29 Naples Street, Chula Vista, CA 91911, lived on the comer of Naples Street and Alpine
Avenue and stated the parcel of land used to be a vegetable field. Bob Casey owned the property and made
the mistake of putting 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 comer 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.
'obert MacNear, 121 Naples Street, Chula Vista, CA 9191 " 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 AVMue, Chula Vista, CA 91911, lived at the comer 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 dai Iy to get to school.
'i
Jenene loyll, 11S Naples Street, Chula 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 the area. She was against closing
any public street because then options were closed for both dtizens and emergency vehicles. It happened
with Fifth Avenue. Even though there was a nice shopping center, the 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 COUJhIan, '094 Alpine A_, Chula Vista, CA 91911, 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
comer of Moss and Naples Streets. Without the thoroughfare of Moss Street, the seven or eight cars from Moss .
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Safety Commission Minutes
September 9, 1993
Page 5
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 the comer. He liked option A, but recommended staying with
the current situation.
.obert Vega, 110B Hilltop, Chula Vista, CA 91911, lived at the comer 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 Hilltop 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 still the 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 good balance, ~d 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 redesign of the parcel to allow for the
realignment. 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.
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Safety Commission Minutes
September 9, 1993
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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. Divening
directly to Naples Street would move traffic on Alpine Avenue. He would be more comfonable to go with
Option A which would still 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 comfonable 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 suppon 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 (ThomaslPadilla) to: 1) realign a portion of Moss Street to be built to collector street design standards;
2) stripin& martdn& 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 5) 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 ponion. 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 obselVation 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 repon 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 panicular 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.
~
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Exhibit G-
MINUTES OF A REGULAR BUSINESS MEETING
OF TIlE CITY PLANNING COMMISSION OF
CHULA VISTA, CAUFORNIA
7:05 p.m.
Wednectl~v. October 27.1993
Council Chambers
Public Services Building
276 Fourth Avenue. Chula Vista
JOLL CAT.T.
COMMISSIONERS PRESENT: Chairman Martin, Commissioners Fuller, Moot
(7:06), Ray, Salas, Tarantino, and Tuc:bscber
COMMISSIONERS ABSENT: None
STAFF PRESENT:
Assistant pl~nning Director Lee, Principal Planner
Griffm, Associate Planner Miller, Associate Planner
Reid, Sr. Civil Engineer Ullricb, Assistant City
Attorney Rudolf
PT.EDGE OF A TT PGIANCE - Sl1.F.NT PRAYER
Tbe 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 pl~nni"i Commission, its responsibilities and
the format of the meeting.
VPROV AL OF MINUTES
MSUC (FullerlRay) 7-0 to accept the miDutes of October 13, 1993, as submitted.
ORAL COMMUNICATIONS - None
Cnmml..,oner Fuller asked that she be excu~ from consideration of Item 1 becl1'~ of a
CODflict of iIllerest. She had at least $2SO business with the 0,.,"")' Club durin& a year.
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October 27, 1993
'"""
ITEM 1:
PUBUC HEARING: REPORT ON GENERAL PLAN CONSISTENCY OF
PROPOSED VACATION OF MOSS STREET BElWEEN 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 ChuIa 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 finite 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 affumatively, noting it was only
to make a fmding to determine whether it was consistent with the General Plan. 'IJ1e Safety
Commission had considered five alternatives, and had proposed the alternative before the
Commission.
Commi~ioner Tarantino was coucerned that the letters and testimony that would be presented
would most likely deal with the peripheral issues, and how the C.()ftU"i~ion would deal with it.
Mr. Griffm stated the residents had been noticed and encouraged to attend to get their coucerns
on the record, and it would also help staff to prepare for the Council bearing. He suggested that
their testimony be taken.
.
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PC Minutes
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October 27, 1993
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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
Commi~sion was only charged with mAlnng a finding of General Plan consistency.
Commissioner Tuchscber 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 potenlial for the
property if the street were vacated. He noted if the parcel were split, the 8PPlicant 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 Idminillttlltive bearing 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 8PPly for a General Plan
amendment and rezoning of the property which would require public bearings 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 thoy would be in the best position to address this issue. Mr. Griff'm
replied, however, that it was being taken at face value, as a vacation. The 8PPlicant was
probably I~king 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.
QmnniL~ioner Tuchscher asked what would happen if the parcel was split into lots which would
have substantial value. What would happen when these properties are ~Rt/'lI. Would there be
any compensation to the City. Mr. U11ric:h said that would be included in the ageuda statement
to the City Council. In this cue, there could be some c:ompeDution relative to loss of land.
~tion would be a City Council decision.
Cc,wnmiuioner Tuchscber concluded that it was consistently a policy of the Council to cJetermine
some valuation to the City for that (lluyUty. The pl\1perty would be appraised, and leek
remuneration would be sought for the sale of the p.\Iperty. Mr. Ullrich said it depended on the
circumstaIICC under which the pruperty bad been vacated.
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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 ber 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 staffs 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 Commiqion 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 bearing 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 concluded that the Commission was to determine whether this was consistent
with the General Plan, but some of the Q>mmi.sioners had serious questions about ~t 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 land use portion of the
General Plan, but the portion d~.A1ing 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 Commiuion and
the public so it could be made a part of the decisionmllking 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 P111nning Commission as opposed to being """\
an administrative approval. Assistant City Attorney Rudolf stated it was a statutory requirement.
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PC Minutes
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October 27, 1993
The California Government Code provision required that the Planning CnmmiRsion 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.ni7M presentation:
.
Greg Cox, 3130 Bonita Road, Suite 200, Cbula 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 ea~n".11t 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 potentialliabUity 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 CommiR$ion, 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.
e
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 a<:woci"l the back portion of Alpine.
Commissioner Ray asked the specifIC reason for preclusion to access to Alpine. Mr. Cox said
be thought it was probably the proximity to Naples. CtwnmiRRioner Ray felt it would be an
improvement over the existing alignment. Mr. Cox said that dirt tracks 10 through the middle
of the parcel presently, because a IB""'- of people cut through.
CnmmiL~ioner Moot would be more comfortable CODSideriD& the plc.posed development for the
area at the same time as the vacation. Many times at this level, problems the residents ICCII1 to
have arc resolved in the context of desiping a particular project. PieceJDe.llling must have some
type of rmancial advantage to the proposed developer, but makes it more difficult for the
CommiL~ioners to make a decision.
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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-t.
Commissioner Tuchscher thought that regardless of the cost involved relative to preparing for
filing, he would be happy if they had some exhibits showing examples of what the site plan or
IUbdivision map might look like that might be filed 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 pi~ture of what the future
implications might be.
Russell Froemming, 150 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, Al 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 MosslNaples was the safest corner 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 Avenue south of Naples, m~lri1'lg 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. 'f!1ey
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 acc:ommodate condominiums rather
than the single-home sites the applicant said may be built. They did not understand why the
Country Club did not have to install curbs, gutters, and sidewalks when they built their new
clubhouse. What compensation would the San Diego C-O'INry 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 MossINapleslFirst intersection. She did not want to give
Chula Vista property away-"dedication" 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
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PC Minutes
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October 27, 1993
the neighborhood trouble. This did DOt 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
DOt for some unknown DOndescript 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 aiignment, the Safety Commission, the
City Traffic Engineer, and staff agree that the acute angle is DOt 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 DOthing 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 I'nnnil1g the street across from Alpine
direct1y 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 DOt afford the improvements, but could give
the )and 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 DO way it could be stopped. The only alternative 'Was to hire
a lawyer to stop it.
.
Chairman Martin asked Mr. Cox if he wished to mpond to any of the issues raised.
Mr. Cox said there were presently DO improv~ on the IOUth side of Naples and this project
would DOt addreSS that problem. It would put curbs, ptters, and sidewalks on the entire
frontage of the parcel and would dean up the Jack of improveD:_ll on Moss going back to
Third Avenue. While they were IUggesting that eo.'1V!U waive the Iidewalks, it was stiI1 a
significant improvement and would provide a more defined road. He did DOt feel the ptoperty
owners would stand in the way of the City buying the property to be used as a park; likewise
if the City wanted to buy the property to realign Alpine with the existing Alpine, it was an
option that was available to the City. This proposal, at DO cost to the City, c1eaned up a number
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PC Minutes
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October 27, 1993
'1
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 ~igns, it would provide
some normal breaks in the flow of traffic for the residents to pullout in a safer manner. The
LOS would stil1 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
ItaDdards.
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.
John 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 A venue so they could walk
down the street to the school. Also, there were no traffic accidents that were related to Moss '1
Street. No one came eastbound on Moss, looked back, pu1led out in front of someone and got
bit.
Charles Mitchell, 161 Naples St., CV, who bad 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 bad lived there 29-112 years
and the cars crossing the vacated property bad occurred for at least 2S 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 malring a factual
assertion that for 25 uninterrupted years there bad been a steady, contimlal, 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 pic:tlJres. 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 blnn", 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.
"""\
/g /36 'c--r
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PC Minutes
-9-
October 27, 1993
Sr. Civil Engineer Ullrich clarified the traffic counts given earlier u 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.
Commi~$ioner Tarantino thanlrl'il the people for coming to make their feelings known.
MS (TarantinolRay) to adopt tbe attached resolution reporting to tbe Council that tbe
Cnmmluton bad found that tbe proposed street YllCation Is conclctoelJt with tbe Chula 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 wu only the option of voting on the General Plan consistency.
.
Commissioner Moot uked 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 wier to deal with the issue of a vacation
in conjunction with an actual proposal for development of the property.
Commissioner Tarantino uked 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 u to whether it wu consistent or inconsistent to the General Plan. It would
be preferable to at least in some way indicate whether, all those other things uide, the Planning
Commission concluded it wu either consistent or inconsistent with the General Plan to meet the
requirements of the Statute.
Commi~sioner Ray wu concerned that if they puse<l forward a recommendation, they would
IiIte to give themselves an option to have the item brought before them all at once. By varJllting
this lot, it could become a bigger vacant lot with people using a riIbl-of-way to an existing Moss
Street that wu vacated if IIOthing wu ever built. He asked if there wu anything they could do
to substitute an actua1 vote with a reco---'"rion.
.
Mr. Rudolf said be bad 110 objection to other things being placed in a IUbstitute motion, but
requested that the PllInning Commission address along with them the consistency versus
iDconsistency.
.'
18 - 31 ~ ~.C(..
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 t1ie 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 '1
excessive, that the Planning 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 inptlequate 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:
1bat the PlAnning Commission find that the proposed vacation would be
consistent with the existing General Plan; however, the pIllnning Cnmmiqion
IeCOmmended that the issue of the vacation be considered in ~on with the
proposed development of the 91'OpCrty and not separate from it; that if the fees to
consider the vacation and the proposed development are deemed excessive by the
plAnning 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.
,
/2 - 3<0 G.~~t)
.
.
.
PC Minutes
-11-
October 27, 1993
Commissioner Tuchscher agreed with the proposed motion in total with exception ojthe fee. He
believed this project should not be given special treatment.
Commissioner Moot proposed leaving it to the st4/f's discretion to decide the fee issue. He felt
the applicant was being asked to bring both forward at the ~ time and he didn't have to;
there was ajinoncial reason why he didn't. and there was a benefit to the City. Hefelt some
consideration should be given to the applicant for that nality. He wanted to be fair to all sides.
Commissioner Ray said he was StTIlggling 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 oj the fees and the ability to waive
fees--ifit 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.
REC:;TATEMENT OF SUBSTITUTE MOTION
That the PlAnning Commi~don rmd that the proposed vacation would be consistent with the
existing General Plan; bowever, the PlAnning Commlmon 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 (Comml<<ioner FuUer~nf1ict of interest)
18 - 39
(;..- \ ,
,-
t
~"h; bi+ H
Resource Conservation Commission
Page 2
'""'"
4.
Myers submitted three written items for the Ideas for Improvin& the Pnvironment: (a) the
DO curfew rule at Brown Field; (b) City's responsibility in the (Ng,wv..ded schools; (c)
the aesthetics of Pier One Imports 011 Bonita Road and I-80s.
Bum.scano conveyed her conccms 011 the brush fire clearance policy 011 how it Ip"""ifi~11y
jmpacts the coastal sage scrub, and the landscaping manual. Doug Reid noted the manual
is currently in revision. Guerreiro's conc:erns were of cardboard caeal boxes and the like
DOt recyclable. Len Moore stated that a company is cum:ntly looking into that type of
recycling. KDCha advised members to submit all ideas in wrilini by theDeXt meeting.
Be also suggested to note any possible fiscal impact to the City.
Rmew of Negative Declaration for 15-94-01, Vacation ofa portion of !doss Street. After 1
a brief discussion, it was JdSUC (Hal1IBum.scano) to accept the negative dec:1aration; vote
S-o; motion carried.
STAFF REPORT:
Doug Reid noted a major changes in CEQA &1Jidelines will occur in Febnwy or :March.
1be local procedures will then change. Information to follow after that time. ""'"'
Commission's Banquet Dinner is scheduled for Tuesday, November 30th.
CHAIRMAN'S COMMENTS:
ICIacha asked if the commission wanted to schedule a tour of the APTEC fAl:ility. It is
teDtative1y scheduled for January IS around 10 a.m. KDCha asked if c:ommi.moners also
wanted to see how the American Car Wash located 011 Broadway ncycles its water.
Members will decide on this at the next meeting.
COMMISSIONER'S COMMENTS:
Myers noted there was a duplicate of ",.m",s in the recent pI('ket after the Iast1lllletin&
was canceled. Members were advised to laVe the bandouts in the future until the next
meeting to avoid having to recopy everything and incur the expense of c:ma posta&e.
Also, she wanted staff to be Jeminded to mail p'''1rooU to be Jec:eived OIl1bursday rather
dIan Friday.
ADJOURNMENT: 1be Il'W"& was adjourned by Cbairman xncha at 8:08 p.m.
Iapedfully submitted,
BaJbua Taylor ~~
'~-7
1
I g - '-f 0 \l''''''
LMta.~cI ()1<.-~
,,~
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StGNAT DATE'
Rw7/1"" ... PLEASE SEE THE REVERSE SIDE or THIS APP\-ICATlON FOR VERY IMPORTANT LEGAL INFORMATION. ..
, 1~
~/a.. -I
~~lY\~Pc~
October 4,1994
Dear Mayor and City Council,
On August 4, 1994 I called Hartson Medical Service for
emergency treatment of my eight and ten year old sons. They had
been stung multiple times (more than 12 and 18 times apiece) in
the face, throat, and upper body. The fire department arrived
within ten minutes and did the initial evaluations of both
children. The paramedics arrived five or ten minutes later.
Because the chief concern was an allergic reaction to the bees'
venom, the decision was made to transport the boys to Sharp
Community Hospital. Other than oxygen support for one child the
rest of the bill was for transportation. Even though the boys
were taken together in a single ambulance, separate trips were
charged. The total bill was $806.92 for a three mile trip. This
was more than the emergancy room bills for both boys. They spent
two and a half hours in the emergency room, where significant
medical attention was given. I called Hartson and spoke to a
supervisor. I inquired as to why two trips were charged and why
the overall fee was so high. I asked if it was a result of cost
Shifting. She replied that it was standard policy to charge
separately for each patient no matter what the circumstances and
that the fees were within the auidelines set by city council.
I am appalled that Hartson would charge so much for so
little, and that this practice has the tacit approval of my local
government. My children could have died as a result of this
incident, but the next time an emergency arises I will hesitate
before I incur these kind of costs. I hope that this letter makes
you better aware as to how the decisions made by city council
affect the lives of your constituents.
Sincerely,
~/v,-!- [ ,..-!:.u '{'J-
Terri E. Lewis