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HomeMy WebLinkAboutAgenda Packet 1994/07/12 Tuesday, July 12, 1994 6:00 p.m. . \, " "I declare under penalty of perlury that I arn employed by the City of Chula Vista in the Oifice of the C~ty Cler:\ and that I posted tilis Agen~"/No j~e on the Bdlletin Board at the PUDhc :.0v!rs Bu:lding ~md_~t City 11"0 ;,? Council Chambers DAlEO: 7 s: Ji,SIGNED ./ '~PublicServicesBuilding / / L ' Rel!Ular Meetin~ of the City of Chula Vista Citv 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: June 7, 1994 (Joint Meeting of the City Council and Redevelopment Agency); June 13, 1994; June 14, 1994, June 20, 1994; June 21, 1994; and, June 30, 1994. 4. SPECIAL ORDERS OF THE DAY: a. Presentation by Deric Prescott, Chairman, Chula Vista Youth Commission, of the "Reach for the Stars" scholarship to Michelle Milanio Rodriquez. b. Introduction by Nancy Taboada, Chair, International Friendship Commission, of students going to our Sister City, Odawara, Japan from July 14th - August 3rd. Students are: Audra Baxter, Walter Estrada, Sean Kwiatkowski, Cristina Sanchez, and Barbara Steele. c. Oath of Office: Commission on Aging - Anne Fabrick and Ted Kennedy; Board of Appeals - Marshall Compton; Child Care Commission - George Hartman; Cultural Arts Commission - Archie McAllister, Coleen Scott, and Lee Wheeland; Economic Development Commission - Patty Davis; Growth Management Oversight Commission - Charles Peter; Human Relations Commission - John Allen and Elsie Hashimoto; International Friendship Commission - James Baker and Nancy Taboada; Library Board of Trustees - Peggy Donovan and Jose Viesca; Otay Valley Project Area Committee - Archie Hall; Planning Commission - Tom Martin and John Moot; Resource Conservation Commission - Cindy Burrascano and Joe Ghougassian; Southwest Project Area Committee - Allen Jones and Edward LaGuardia; Town Centre Project Area Committee - Jack Blakely; and, Youth Commission - Christian Holmes. ***** Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to adjourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be avairoble in the City Clerk's Office. ***** Agenda -2- July 12, 1994 CONSENT CALENDAR (Items 5 through 15) The staff recommendations regarding the foUowing items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be puUed for discussion. If you wish to speak on one of these items, please fiU out a "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 staff recommendation; complete the pink fonn to speak in opposition to the staff recommendation.) Items puUed from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items puUed by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter requesting surplus equipment from the City - C. Hector M. Noriega Hdez, Comandante Operativo Mpa!., Radio Brigada De Auxilio Ed La Republica Mexicana A.C., Tijuana, B.C. It is reconunended that this request be referred to staff for determination of available resources, and recommendations regarding policy action on the distribution of these resources. b. Letter requesting entry signs into the City - Roderick F. Davis, Executive Director, Chula Vista, Chamber of Commerce, 233 Fourth Avenue, Chula Vista, CA 91910. It is recommended that this item be referred back to staff with direction to meet with Chamber staff to further discuss the most appropriate type of sign and possible locations. c. Letter requesting support for an advisory measure on the November 1994 ballot to give local government jurisdictions the legal authority to decline to implement a program mandated by the State or Federal government without the full funding necessary to perform the mandates service, and discontinue a program mandated by the State or Federal government when all funds provided by the State or Federal government for such a mandate have been expended - Pam Slater, Chairwoman and Dianne Jacob, Vice Chairwoman, Board of Supervisors, County of San Diego, 1600 Pacific Highway, Room 335, San Diego, CA 92101-2470. It is recommended that Council take a position to support these items and approve the resolution. RESOLUTION 17552 SUPPORTING AN ADVISORY MEASURE ON THE NOVEMBER BALLOT TO GIVE LOCAL GOVERNMENT JURISDICTIONS THE LEGAL AUTHORITY TO DECLINE TO IMPLEMENT A PROGRAM MANDATED BY THE STATE OR FEDERAL GOVERNMENT WHEN ALL FUNDS PROVIDED BY THE STATE OR FEDERAL GOVERNMENT FOR SUCH A MANDATE HAVE BEEN EXPENDED d. Letter requesting attendance at first meeting to be held on 7/13/94 at the Richard J. Donovan Correctional Facility on Otay Mesa regarding recycling facility at the prison - G. Kevin Carruth, Deputy Director, Planning and Construction Division, Department of Corrections, P. O. Box 942883, Sacramento, CA 94283-0001. It is recommended that Council authorize the City's Conservation Coordinator to attend the 7/13/94 meeting to observe and report back. 6. RESOLUTION 17553 RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON JUNE 7, 1994, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - Staff recommends approval of the resolution. (City Clerk) 7. RESOLUTION 17554 RESCINDING PRIOR COUNCIL APPROVAL OF CONTRACT FOR ASPHALTIC CONCRETE, AND AWARDING CONTRACT TO CALIFORNIA COMMERCIAL ASPHALT CORPORATION - On 6/14/94, Council awarded the fiscal year 1994/95 contract to provide asphaltic concrete to Sim J. Harris. Staff subsequently discovered an erroneous assumption made in evaluating the bid of California Commercial Asphalt. Staff now recommends awarding the contract to California Commercial Asphalt and approval of the resolution. (Director of Finance) Agenda -3- July 12, 1994 8. RESOLUTION 17555 APPROVING SOUTH CHULA VISTA LffiRARY CHANGE ORDER NUMBER SEVEN - Change Order Number 7, totaling $45,709, is composed of various components: 1) lighting; 2) sound insulation; 3) structural elements; and 4) other miscellaneous changes including application of bronze finish to skylights, doorframe modifications, and upgrade of fire extinguisher cabinets. Staff recommends approval of the resolution. (Library Director and Director of Public Works) 9. RESOLUTION 17556 APPROVING AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE AND FIRE SERVICES FOR FISCAL YEAR (FY) 1994/95 THROUGH FY 1996/97, AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The City has been negotiating with the San Diego Unified Port District on an agreement for the provision of City police and fire services to non-tax paying properties on the tidelands. The proposed agreement covers the next three fiscal years. The City will receive approximately $360,000 annually from the Port. Staff recommends approval of the resolution. (Management & Information Services) 10.A. RESOLUTION 17557 APPROVING AN AGREEMENT WITH THE CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Chula Vista currently has agreements with the cities of National City, Imperial Beach, and the Bonita- Sunnyside Fire Protection District to provide fire dispatch services. The proposed agreements, which are virtually identical, replace the existing dispatch contracts and the dispatch related components of the 1989 Bonita-Sunnyside automatic-aid agreement. The proposed agreements have no operational impact, authorize the City Manager to adjust the related fees on an annual basis, and minimize the potential for City liability associated with the provision of fire dispatch services. Staff recommends approval of the resolution. (Fire Chief) B. RESOLUTION 17558 APPROVING AN AGREEMENT WITH THE CITY OF IMPERIAL BEACH FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION 17559 APPROVING AN AGREEMENT WITH THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 11. RESOLUTION 17560 AMENDING THE 1993/94 AND 1994/95 HOME PROGRAM DESCRIPTIONS AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - The City annually receives an allocation of Home funds from the federal government. Every year the City submits a program description which describes the estimated use of those funds. An amendment to the program description is required whenever a change to the original description is necessary in order to accommodate a specific project. Staff recommends approval of the resolution. (Director of Community Development) Agenda -4- July 12, 1994 12. RESOLUTION 17561 APPROVING AN AGREEMENT WITH HUNSAKER AND ASSOCIATES TO PREPARE AERIAL PHOTOGRAPH, TOPOGRAPIDC MAPS AND A RECORD OF SURVEY FOR THE TELEGRAPH CANYON CREEK FROM TELEGRAPH CANYON ROAD TO FOURTH A VENUE AND AERIAL PHOTOGRAPHS OF MAIN STREET FROM INDUSTRIAL BOULEVARD TO FOURTH A VENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The fiscal year 1993/94 Capital Improvement Program (CIP) includes project DR-118 with the purpose of preparing the preliminary improvement plans for the Telegraph Canyon Creek from Telegraph Canyon Road to Fourth Avenue. A critical activity of the project is the preparation of aerial photographs, topographic maps and a record of survey of the project area. The CIP program also includes the preparation of the improvement plans for the widening of Main Street from Industrial Boulevard to Fourth Avenue (CIP Number ST-961). Due to the magnitude, expertise, and equipment necessary to perform the aerial mapping and the Record of Survey, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering firms. Staff received three proposals and has determined the firm of Hunsaker and Associates to be the most qualified. Staff recommends that Hunsaker and Associates be retained for a fee of $63,138 and approval of the resolution. (Director of Public Works) 13. RESOLUTION 17562 APPROVING TEMPORARY CLOSURE ON PALOMAR STREET AT THE MTDB SOUTH LINE GRADE CROSSING - The Metropolitan Transit Development Board (MTDB) has awarded the "South Line Grade Crossing Improvement Project, LRT -652A" at Palomar Street to Herzog Contracting Corporation. To complete the necessary work, within the railroad right-of-way, the contractor has requested approval of two temporary weekend road closures at that location. The project will provide for smoother railroad crossing by motorists. Staff recommends approval of the resolution. (Director of Public Works) 14. RESOLUTION 17563 AUTHORIZING THE MAYOR TO SIGN THE OWNER'S CERTIFICATE ON BEHALF OF THE CITY CONSENTING TO THE FILING OF TENT A TIVE MAP 94-02 - Sunland Communities, a guest builder for McMillin Development, is processing a tentative map for a residential development at the southeast comer of Rancho del Parkway and Rancho del Rey Boulevard in Rancho del Rey. As part of the map, a land swap is proposed between McMillin Properties and open space lots owned by the City. Since the lots are shown on the tentative map, the ownership legend on the map is required to be signed by the City as owner. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) 15. REPORT IMPLEMENTATION OF OFF-SITE MITIGATION MEASURES FOR IMPACTS TO THE CALIFORNIA GNAT CATCHER AS A RESULT OF RANCHO DEL REY SPA III - McMillin Communities is currently proceeding with the preparation of final maps, improvement plans, etc. for Ranch Del Rey SPA III, which was approved by Council on 1/15191. As a part of the development process, the Mitigation Monitoring and Reporting Program (MMRP) is being implemented. Numerous mitigation measures regarding the loss of Coastal Sage Scrub and its impact to the California Gnatcatcher were included in the Final EIR for the project and the MMRP. McMillin Communities is in the process of acquiring off-site mitigation land to comply with the mitigation measures, and has requested a letter from the City stating that O'Neal Canyon is acceptable off-site mitigation land for the project. Staff recommends Council accept the report. (Director of Planning) * * END OF CONSENT CALENDAR * * Agenda -5- July 12, 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 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.) Comments are limited to five minutes per individual. 16. PUBLIC HEARING CONSIDERATION OF RATE INCREASE FOR COLLECTION AND DISPOSAL OF REFUSE - The County of San Diego and the newly-formed Solid Waste Authority have recently approved an increase in landfill tip fees from $43 per ton to $55 per ton effective 7/1/94. Accordingly, and consistent with Section 8.23.090 of the Municipal Code, Laidlaw has requested a rate increase in the landfill component of the current rate schedules. The proposed rate schedules do not include any changes in the operational costs due to the CPI increase, the franchise fee component, or the curbside recycling charge. Staff recommends approval of the resolution. (Deputy City Manager Krempl) RESOLUTION 17564 APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE JULY I, 1994 17. PUBLIC HEARING CONSIDERATION OF APPLICATIONS FILED BY CHARLES TffiBETT FOR 0.67 UNINCORPORATED ACRES LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND L YNWOOD DRIVE - A) GPA-94-03 AMENDING THE GENERAL PLAN FROM OFFICE COMMERCIAL AND RESIDENTIAL TO COMMERCIAL VISITOR; AND B) PCZ-94-B PREZONING TO C-V-P, COMMERCIAL VISITOR PRECISE PLAN - The application requests an amendment to the General Plan and prewning for 0.67 unincorporated acres at the southwest corner of Bonita Road and Lynwood Drive. The proposal is to redesignate the site from Office Commercial and Residential Low Density to Visitor Commercial and prezone the parcel C-V-P, Commercial Visitor with Precise Plan. Staff recommends Council place the ordinance on first reading and approve the resolution. (Director of Planning) A. ORDINANCE 2595 AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.0100F THE MUNICIPAL CODE PREZONING THE 0.67 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND LYNWOOD DRIVE TO C-V-P, COMMERCIAL VISITOR PRECISE PLAN (first readim!l B. RESOLUTION 17565 AMENDING THE GENERAL PLAN AND PREZONE 0.67 ACRES LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND LYNWOOD DRIVE FROM OFFICE COMMERCIAL AND RESIDENTIAL LOW DENSITY TO COMMERCIAL VISITOR 18. PUBLIC HEARING CONSIDERING TESTIMONY ON THE ESTABLISHMENT OF ZONE E WITHIN EASTLAKE MAINTENANCE DISTRICT NUMBER ONE, FOR THE PERPETUAL MAINTENANCE OF TELEGRAPH CANYON CHANNEL - On 5/24/94, Council declared the intention to establish Zone E within EastLake Maintenance District Number One (ELMDl) to provide for the maintenance of Telegraph Canyon channel. The public hearing will consider testimony for assessing benefitting properties within EastLake Maintenance District Number One for their pro rata share of the costs. The second hearing is set for July 26,1994. StatTrecommends this item he continued to 7/19/94. (Director of Public Works) Agenda -6- July 12, 1994 ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Councilfrom 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 Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form availllble in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to five minutes. 19. RESOLUTION 17566 RATIFYING THE SALE AND TRANSFER OF THE CARDROOM LICENSE HELD BY FRAN AND ROSEMARY BURGER TO HARVEY SOUZA, APPROVING THE CONSOLIDATION OF THE TWO INDEPENDENT LICENSES HELD BY THESE PARTIES INTO A SINGLE LICENSE, AND, RECOGNIZING CERTAIN PROVISIONS OF THE SECURITY INSTRUMENT UPON WHICH THE SALE AND TRANSFER ARE CONTINGENT AS ARE NECESSARY AND APPROPRIATE TO PROTECT THE CITY'S REGULATORY INTERESTS - The City currently bas four valid cardroom licensees and two operating cardrooms. The resolution would approve the transfer of the license currently held by Fran and Rosemary Burger, doing business as the Vegas Club, to Harvey Souza who does business as the Village Club. The proposed transfer would result in the consolidation of the two operating cardrooms, and tbeir respective independent licenses, into a single consolidated license. Additionally, the item would recognize certain provisions of the Security Agreement upon which the sale and transfer are contingent. Based on unresolved land-use issues, the proposed resolution does not authorize the applicant to operate additional card tables. Staff recommends approval of the resolution. (Chief of Police) 20. REPORT STATUS OF MID-BAYFRONT NEGOTIATIONS - On 4/5/94, tbe status of negotiations with Mid-Bayfront developer, William Barket, was discussed and staff was directed to report back in sixty days as to whetber substantial progress had been made towards completion of a Development Agreement (DA). Staff has made substantial progress including the development of a Pre-Construction Phasing Plan and Draft DA, including resolution of all but several negotiating issues which are outlined in tbe report. At the request of the aDDlicant. staff recommends this item be continued. (Director of Community Development) Continued from the meeting of 6/21194. 21. REPORT UPDATE ON SOLID WASTE DISPOSAL ISSUES - An oral report will be given by staff. Agenda -7- July 12, 1994 22. REPORT UPDATE ON CLEAN WATER PROGRAM ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes per individual. OTHER BUSINESS 23. CITY MANAGER'S REPORTCSl a. Scheduling of meetings. 24. MAYOR'S REPORTCSl a. Ratification of appointments: Commission on Aging - William Lane; Child Care Commission - Jeanne Humes; Safety Commission - John Liken and Cindy Miller; and, Youth Commission - James Joseph Alfaro. b. Ratification of fe-appointment: Library Board of Trustees - Bill Alexander; Youth Commission - Julia Wubenhorst; and, Safety Commission - Scott Bierd. c. Solicitation of determination of ability to discuss in closed session the Amphitheater at Otay Rio Business Park property. Continued from the meeting of 6/21/94. d. Fee charged for Couocil minutes. Continued from the meeting of 6/21/94. e. Environmentally safe, state-of-the art air conditioning. Continued from the meeting of 6/21/94. f. Discussion of information from Urban Ore, Inc. Continued from the meeting of 6/21/94. 25. COUNCIL COMMENTS Council member Moore a. Appointment of Council representative to the Inter-Agency Water Task Force. Councilmember Horton b. Establishing subcommittee of major retailers to discuss the affects of NAFTA on local business including, but not limited to, representatives from the Chamber of Commerce, Price Club, Jerome's, Home Depot, K-Mart. Continued from the meeting of 6/21/94. c. Use of PERS fund savings to balance City funds. Agenda -8- July 12, 1994 Councilmember Fox d. Review of Cox Cable charges for additional outlets and non-standardized rates charged to subscribers. e. Consideration of a Chula Vista inlergenerational facility. CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this lime, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in clased session to best ~rotectthe interests of the City. The Council is required by law to return to open session, issue any reports of nal action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment 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. 26. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . Christopher vs. the City of Chula Vista. . Hummell vs. the City of Chula Vista. 27. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, lAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employee Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA), and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 28. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 . Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Ave, Chula Vista, California. Negotiating parties: Richard HalllHall Company, Community Development, and the City Attorney's office. Under negotiation: Purchase price and terms of payment. 29. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to the Regular City Council Meeting on July 19, 1994 at 6:00 p.m. in the City Council Chambers. An Adjourned Special Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. Ju 1 y 7, 1994 TO: The Honorable Mayor and City counJ~l ~ John D. Goss, City Manager (7'G 'zt V City Council Meeting of July 12, 1994 FROM: SUBJECT: This will transmit tne agenda and related materials for the regular City Council meeting of Tuesday, July 12, 1994. Comments regarding the Written Communications are as fo llows: Sa. This is a letter from the Mexican Radio Brigade requesting the donation of surplus equipment from the City. A translation of this memo is attached for your information. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF FOR DETERMINATION OF AVAILABLE RESOURCES, AND RECOMMENDATIONS REGARDING POLICY ACTION ON THE DISTRIBUTION OF THESE RESOURCES. 5b. This is a letter from Rod Davis, Executive Director of the Chamber of Commerce, requesting entry signs into the City. Staff has considered the issue of City entry signs since I985. Several locations along 1-5 and 1- 805 within and outside the Caltrans right-of-way were investigated. Not many suitable sites were found and Caltrans would not allow the signs within the freeway right-of-way except at the E Street loop (new on/off ramp configuration at the northwest quadrant of 1-5 and E Street). The following non-Caltrans locations, on a preliminary basis, seemed the most suitable locations and were investigated further. 1. Adjacent to the E Street/l-5 southbound off-ramp on E Street or on the Agency's property (formerly the Merziotis parcel). This property is located at the gateway to the Bayfront. 2. City owned property on the east side of 1-5 and south side of L Street adjacent to the freeway. This site is immediately adjacent to a residential neighborhood and mixed industrial and commercial uses. It is not designated as a City Gateway. 3. West side of 1-805 at the Sweetwater river crossing on or near the bluff overlooking the valley. The area is expansive and would require a very large sign to be noticed. 4. West side of 1-805 at the H Street southbound off-ramp on the City owned tree farm site. 5. Use of the existing bi llboard site on the Davies property in conjunction with the auto park readerboard sign at 1-805 and Otay Valley Rd. The entry sign has not been a high priority recently because of other redevelopment work items and budgetary constraints. The CIP for this project currently has approximately $25,000 remaining. A monument entry sign as originally proposed could cost upwards of $200,000. A sign displaying service organization logos as suggested in the Chamber's letter may be less costly, but inappropriate for a freeway location because of the amount of written material and speed of passing cars. IT IS RECOMMENDED THAT THIS ITEM BE REFERRED BACK TO STAFF WITH DIRECTION TO MEET WITH CHAMBER STAFF TO FURTHER DISCUSS THE MOST APPROPRIATE TYPE OF SIGN AND POSSIBLE LOCATIONS. 5c. Th i s is a 1 etter from Pam Slater and 0 i anne Jacob, members of the San Diego County Board of Superv i sors. request i ng support of a Countywi de advisory measure and a statewide statutory constitutional amendment which would give local jurisdictions additional protection from unfunded or under-funded state mandates. IT IS RECOMMENDED THAT COUNCIL TAKE A POSITION TO SUPPORT THESE ITEMS. Although the League of California Cities has not taken a position on this particular constitutional amendment proposal, they have supported similar legislative attempts to strengthen local protection from state mandates. 5d. This is a letter from the Department of Corrections requesting attendance by an elected official and appropriate staff at a meeting to discuss the City's level of interest in the proposed CDC/PIA project at Donovan Correctional Facility. This project seeks to negotiate contracts within the next five months for 25-year flow commitments of municipal solid waste which would feed the proposed materials recovery facility (MRF). Inasmuch as the City is currently evaluating its future materials recovery activities through ongoing and planned recycling programs and potential for a City-owned transfer station, IT IS RECOMMENDED THAT COUNCIL AUTHORIZE THE CITY'S CONSERVATION COORDINATOR TO ATTEND THE 7/13/94 MEETING TO OBSERVE AND REPORT BACK. Council may wish to also designate a representative to attend. mab City Administrator City of Chula Vista Dear Sir: I am pleased to send affectionate regards and at the same time to thank you for your positive response at the Council meeting of June 7, 1994 in which we were requesting donations of equipment. As you know, the municipalities of the City of Chula Vista and Tijuana have found themselves going through some difficult times in the area of budgeting, and also for us, in the area of Policing. We have professional staff in the area of Electronics who are capable of repairing our radios, sirens, towers, antennas, etc. Therefore, we are requesting donations for any equipment that you would be able to donate relating to police, public services and rescue. Also for any parts used for radios, sirens, hand radios, antennas and any other parts that are no longer of any use to you. We would fix them or use them as parts. For example: we have old motorola radios of Motrac which have been discontinued and we are unable to obtain parts for them. Attached is a list of equipment which, if possible, you could consider donating, we would be extremely grateful. I remain your faithful servant. C. Hector M. Noriega Hdez ASISTEtiCIA PI{IVADA (ItOZ AHBAIt A.I'. RADIO BRIGADA DE AUXILl~~N'EllllJCA MEXlCANAAC DELEGACIOrr-rUUANA B.C R.cC. CAP901031 UTA 0 "94 .11116 P2 ~- 1m OF CHUlA VIST A aTV CLERK'S OFFICE J. 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T8.'Tlbis_i1. t,)(1:::o 8 --:'-:.urel ~ ,S"s )'-'~rtes ~1S;:=J{~~?'.:2: __1..':;'.'1_03, i') f3 ? e.-n::'i;1.'1, ~ :'1ten8 s, y tJ ~B 3 .~ "1.1e 11" s ):-::r ':;I:;:3'.:.ue Y8 ustedes. "'T)s'JtrJs 0 1;;:;8 8:C"T'e,3'1..2'~'Ie;=3 ') l~s \15:--"'^i')S 8'l ~je':l:.)l'): n)C~:)tr0s tener!l,)p :c,,::o(1:i.Js,'n:)t)r')18;~ viej:Js ~e ~~0trac 108 cU91es ~~t~n 0esc)~tinu~ld~s y 1~8 )?rt.'s n0 se pue- -~01 CJ~8e:uir'. Del llism~ ~~~o le~ in?nd'~80s 18 liat8 ~ne~R~s de C')S?3 utj si e,c~ )Jsibl.e l~) c,;!1.eci')n c1e 8ste se 108 e'::-T~;'~~8cer'(Y1)S ~Err;deciel1.t ff-su,,-?t'2.;'lci')n ,-:l 1e .rese'1te !11e m~~1.i- -fiesta co:no su ntento SP/ vl,lor. (~Jm~~'l ;~? ~: E ri jU3ns. ? Ofs. ., 15 Junia 1934 rj. H~ct<) ::'T ,)'~ 1. ~~~ l'-\) \!~\~ ~~~\~~ \ ~~'- ~~~ '\,,""-0\,9\0 jW"'='I"""~'""''' n ' :.'Il"!...,f) ". ., "... -. t'~~,,\'1 , "?.i "l,j I, ~:.:""""l lll' fI:~.IiIo li rd ,-" tN.. ",;; ..... (f't"'J;; A1~ lI.~U" ~"ii!.@'IIA TIOfY<<" t'~:J ':"jU IHll!iJI!\=. 'IF4f.',l CITY OF CHULA VISTA SURPLUS EQUIPMENT One 1970 Jeep converted from a mail truck suitable for a communications supervisor. One 1975 International Harvester step van formerly used as a communications van by the City of Chula Vista. Various oblosete radios. including Motorola Motrac models. Various antennas. both high band and low band Various surplus portable radios. including several 1.5 watt single-channel. Battery chargers for portable radios. Various obsolete Unitrol siren amplifiers. Various lightbars. including Jetsonir. units and parts. Various microphones for police radios and PA systems. s~... ol.. AN INVESTMENT IN THE FUTURE BOARD OF DIRECTORS Pres!dent Diane F:int President Elect Jim Weaver Vice Presidents: Greg Cox Ch~is i._8Wis Mary Anne 8tro Dave Ward Members: Pa,nCi3 Barnes Renes Buts Joar::H.3 Clayton Steve Co!ii!lS ChUCk Day Robe1 Garcia Susan Herney Cath! JaL'Tdson Tin L8W1S Scon !v\osher Rebert Penner, MD F rar~k Scott [)(;n Trwnlas BradWI:son Past President T" Pc/ Ca,,'anaugh Execu~ive Director Rc<:: Davis ~~~ L'\) ~~\~ '~""-''-'''~\ CHULA VISTA CHAMBER OF COMMERCE ~...'n...... [ I:,) f: ' ;j,' ,. i!JUN 2 7 ' "-'-'-., ACCREDITED C_..'.O~CO''''''':llCl ~: ....w...: .":, ;~~ ~:~;: ?J3 FOURTH AVENUE' CHUlA VISTA. CALIFORNIA 91910' TEL (619) 420-6603 I I c '--." June 22, 1994 The Honorable Tim Nader Mayor of Chula Vista and Members of the Chula Vista City Council 276 Fourth Avenue Chula Vista, California 91910 Dear Mayor Nader and Members of the City Council: We understand that on December 12, 1984, the City Council set aside $53,000 in account #995-9950-BF25 for entry signs into the City. The issue has been subsequently discussed, however, without resolution. The Chamber of Commerce would like to see signs on non-Cal Trans property, but readily visible from the freeways, that welcome visitors to our City. The signs should also identify, in a uniform and aesthetically pleasing manner, the service organizations that make Chula Vista a better place to live, work and play. The Chamber is ready to assist staff in whatever way is necessary to accomplish this goal. Sincerely yours CHULA VISTA CHAMBER OF COMMERCE '. '-'~'i" T---' l~f,/'r;A;.--, 'ROOeric F. Davis Executive Director RFD:ce W~I"iT!EN ~'MUNICAl1ONS Qlount~ of ~an ;!El lego .' I .-..~-~,.~.~~...,,~.~_._~..-. """I ~D~/.i; c, " 111 JUN27i~A coL C;j, , Ci" ,''''' ,,0 ',I BOARD OF SUPERVISORS 1600 PACIFIC HIGHWAY. ROOM 335. SAN DIEGO, CALIFORNIA 92101-2470 June 20, 1994 The Honorable Tim Nader Mayor City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 Dear Mayor Nader: On behalf of the Board of Supervisors of San Diego County, we urge you to unite with the County behind a State Constitutional Amendment that will once and for all make it clear that local governments need not carry out State and federal mandates unless they have been fully funded by Sacramento or Washington. As you know, local governments are bearing the deep financial burden of unfunded State and federal mandates. It is time to end the current practice of the State and federal governments to pass on the cost of services to local governments through unfunded or underfunded mandates. On May 19, 1993, many of you participated in a meeting to develop a common strategy for combating the proposed property tax shift. It is time for the next step. The County of San Diego requests your support for an advisory measure (Attachment A) which will be on the local November 1994 ballot. Local agencies are not in a position to ignore their constitutional responsibilities, nor can they submit a constitutional amendment directly to the voters. We can, however, provide an opportunity for the voters of this county to cast an advisory vote which our State elected officials must heed. In addition. we ask that you contact your State Delegation Members and urge them to place a proposed statutory constitutional amendment (Attachment B) on the statewide November 1994 ballot. The Board of Supervisors has sponsored this proposal, and your help is needed in urging our State Delegation carry this measure forward. ~~Il'~m"'"EN lI::.,:,k. '"f ',;~ '< l(~,::, '. .- ':., ,,.; 'Q! ,j,r.~",:..i i:J . ~ . CO'^,MUN1CA TeONS s;.-J ',') ./ h\v' cc\,'\' ~. \'. \,\ The County is requesting the other 57 counties in California to place our advisory measure on their local November ballots, and to work with their local jurisdictions to generate support for our proposed constitutional amendment. We must unite to guarantee local government revenues for locally-determined purposes and to demand relief from unfunded State and federal mandates. By placing both an advisory measure on the ballot in each county, and by urging legislators to place a constitutional amendment on the statewide ballot in November 1994, we will give the people in California a voice on this extremely important issue. Chairwoman Sincerely, 4~t~~ Enclosures :~'\\~ct;". l~) 's\" \~\." .... "'--\ ""\.,\" ,-,'--- \ ,~-- ""'\. . \~''',.:;.,.~\ \\\;f~ ". .' . ,~':c". .'" '..J'J""-I-f\j',C'~ \""';)--" s;:...). /5c.-6 Attachment A PROPOSED ADVISORY BALLOT MEASURE NOVEMBER 1994 Should the California Constitution be amended to give local government jurisdictions the legal authority to (a) decline to implement a program mandated by the State or federal government without the full funding necessary to perform the mandated service, and (b) discontinue a program mandated by the State or federal government when all funds provided by the State or federal government for such a mandate have been expended? 5c.~J Attachment B PROPOSED CONSITUTIONAL AMENDMENT The people of the State of California do enact as follows: Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 1993194 Regular Session commencing on the seventh day of December 1992, two-thirds of the members elected to each of the two houses of the Legislature voting therefor, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows: First That Section 6 of Article XIIIB is amended to read: SEe. 6. (a) Whenever the Legislature or any state agency mandates a new program ef, higher level of service, or increased cost on any local government, the state shall provide a subvention of funds to reimllllrse suek pay the local government for the eosts of suek program or iHcrcased !eyel of service, except tkat tke Legislatme may, but Heed not, llrovide sHck subvention of fHllds fer the following malldates: (a) Legislative mandates reqHested by the loeal ageney affeeted; (b) Legislatioll defining a Hew erime or ckanging lffi existing defiHitioR of a erime; 6f (e) Legislative maRdates eHacted prior to JaRHary 1, 1975, or exeeHtYle orders or regulatioll5 initially implementing legislation enaeted prior to January 1, 1975. any cost of . that program. higher level of service. or increased cost regardless of whether the mandate applies to public or private entities other than local government. However. the Legislature may. but need not. provide a subvention of funds for any cost arising from a new program. higher level of service. or increased cost imposed by any of the following: (1) A statute requested by the local agency affected. (2) A statute. executive order. or regulation implementing a federal law or regulation. to the extent that the federal law or regulation specifically requires the state without discretion to mandate a new orogram or higher level of service on any local government. (b) Any statute that disclaims or waives any obligation imposed on the state by this section is invalid. Any statute that requires any local government to waive its right to reimbursement under this section or its right to decline performance of any mandate because of insufficient funding as provided by this section is invalid. Second That Section 6.1 is added to Article XlIIB thereof, to read: SEe. 6.1. Whenever the Legislature or any state agency mandates a limitation on. or exemption from. a charge. fee. assessment. or tax levied by local government or a .s;...~ Page 2 decrease or redistribution of state subventions or other state funds to local government which is not offset by an equivalent reduction in the mandated costs of the local government. the state shall reimburse the local government for the amount of the revenue loss to the local government arising from the mandate. Third That Section 6.2 is added to Article XIIIB thereof, to read: SEe. 6.2. (a) Notwithstanding Section 6. a local agenG)' is authorized. upon making a finding adopted by majority vote of the governing body that no funds have been provided by the State for a mandated program. to decline implementation of such a mandate. (b) Notwithstanding Section 6. a local agenG)' is authorized. upon making a finding adopted by majority vote of the governing body that insufficient funds have been provided by the State for a mandated program. to discontinue i~mplementation of the mandate at such time as all funds provided by the State have been expended. (c) In either event. the duty of local government to incur the cost shall be suspended and any cost incurred shall be voluntary. Fourth That this measure shall be inteq>reted liberally to carry out the intent to preserve the limited financial resources of local government by requiring the state to fund at commencement and continuously thereafter every new program. higher level of service. increased cost. or revenue loss mandated by the Legislature or a state agenG)'. Fifth This measure is also intended to overrule the case of County of Fresno vs. State of California (1991) 53 Cal.3d 482 holding that authorization granted to a local government to levy service charges. fees. assessments. or taxes sufficient to pay for a new program: higher level of service or increased cost satisfies the requirements of Section 6. 6.1 or 6.2 of Article XIIIB. ~,~ RESOLUTION NO. 17ff,J... RESOLUTION OF THE CITY CouNCIL OF THE CITY OF CHULA VISTA SUPPORTING AN ADVISORY MEASURE ON THE NOVEMBER BALLOT TO GIVE LOCAL GOVERNMENT JURISDICTIONS THE LEGAL AUTHORITY TO DECLINE TO IMPLEMENT A PROGRAM MANDATED BY THE STATE OR FEDERAL GOVERNMENT WHEN ALL FUNDS PROVIDED BY THE STATE OR FEDERAL GOVERNMENT FOR SUCH A MANDATE HAVE BEEN EXPENDED WHEREAS, the County of San Diego is requesting the City of Chula vista's support for an advisory measure which will be on the November, 1994 ballot; and WHEREAS, the following is the proposed advisory ballot measure: Should the California Constitution be amended to give local government jurisdictions the legal authority to (a) decline to implement a program mandated by the state or federal government without the full funding necessary to perform the mandated service, and (b) discontinue a program mandated by the State or federal government when all funds provided by the State or federal government for such a mandate have been expended? WHEREAS, local governments are bearing the deep financial burden of unfunded State and federal mandates and it is time to end the current practice of the State and federal governments passing on the cost of services to local governments through unfunded or underfunded mandates. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby support an advisory measure on the November, 1994 ballot to give local government jurisdictions the legal authority to decline to implement a program mandated by the State or eral gove ent when all funds provided by the State or federa go rnment f r such a mandate have been expended. y C:\rs\advisory ~-7 HAlE OF CAlFOftNlA.--VOUTH AND ADULT COAI=IECTIONAl. "'GENCY' ,'PETE WILSON. __ UEPARTMENT OF CORRECTIONS P.O. Box 942883 Sacramento. CA 94283-0001 G July 5, 1994 ~ '~ -<-< ::lI no r: I'll ,'" mn (') ;TJ....... .... :>'<"'" ~ ,., ..c _ cnr- < 0)>- " I'll -n<: :!:Iv; w, 0 n..... I.:J m. ~ r~1 ihe Honorable Tim Nader Mayor of the City of Chuta Vista 276 Fourth Avenue _, ChulaVlsta, CA 919.10-2.2.31 .-.... -.-....... ..," .. "~'-""'" ff'/""'.II..,...~.,. ~.'7: ?,r" r'''''''I~ '" Dear Mayor Nader: As you are certainly aware. the California Department of Corrections (CDCI and the Prison Industry Authority (PIAl would like to build end operate a reevcllng facility in a new prison immediately adjacent to the Richard J. Donovan Correctlonel Feclllty on Otay Mesa. This facility, as envisioned, would process municipal solid waste (MSWI currently going into the OUlY landfill. Obviously, to embark on such a project requires long-term contractual commitments to provide MSW to be sorted at the new prison. At the recommendation of the San Diego Solid Waste Management Authority. we are contacting those cities whose waste is currently dumped Into the Otay landfill to datermlne their level of interest end willingness to make a commitment to the proposed facility (approKlmately 26 years). If your city Is interested in seriously considering making a long-term commitment to have the recyclables removed from your waste stream, then hopefully you will accept our invitation to participate in the first of a series of meetings and negotiating sessions. The first meeting will be held on July 13, 199481: the Richard J. Donovan Correctional Facility on Otay Mesa (see enclosed map). We Intend to discuss an extensive agenda which will be provided to you prior to the meeting. At this time It is envisioned that the meeting will begin at 8:30 a.m. and may take ell day. LL : (y) WRITTEN COMMU~C~~~S S"~, J The Honorable Tim Nader Page 2 It is our Intent at the first meeting/negotiating session to determine each jurisdiction's level of Interest so that we can identlfy those cities most interested end willing to make a commitment to thlll project. We then pllln to continue to Invite those Jurisdictions to meet and negotiate On this project. \'1 You or one member of your Council are Invited to attend and we encourage you to brIng staff with a technical solid waste background to the meeting. In order to be admitted onto the grounds of the prison we will need the full name. date of birth, social security number, and California driver's license number of each person attending the meeting so that we can obtain prison gate clearances In advance. Please provide the necessary information on the enclosed form by Monday, July 11, 1994. Our fax number Is (9161 322-5717. ~ '.'." -.:....,..,--.. ..;.,.\,-,...... -.-..--.<..-.......,.... ~f'/"'lifle is lif tile essence for this new prison project. We believe this prison will be authorized and funded by the legislature this session, I.e., by August 31, 1994. Therefore, we will need to have l!l signed MSW contract(s! by December " 1994 for the recycling facilities In order to keep the prison project on schedule. If we do not have signed contracts by December 1 the prison will proceed without B recycling facility. Obviously, we would prefer to build and operate a recycling facility which would serve some or all of the cities currently using the Otay Landfill. nr-'"',:" At this first meeting we wlll.expect you or your representative to articulate your city's level of Interest In this project and Its willingness to make a long-term contractual commitment. This and future meetings will be chaired by the COCo At this first ~eting we will make a thorough presentation of the project in its conceptual fo{m. We will then work through our agenda l!lnd close with II discussion about items that we should consider for future agendas. . This Invitation Is not meant to convey any obligation or expectation on our part that Bny city needs to participate or attend this meeting. We are Interested In meeting with cities that have a very serious Interest In participating in this project. f/-~ The Honorable Tim Nader Page 3 If you hlllve any questions or concerns, please conteot me at 19161 445-7112 or Kathryn Manzer. Manager, Government and Community Relations. fit 19161 445-3724. Sincerely, :r '"oj, .C~i? ~ G. KEVIN CARRUTH Deputy Director Planning and Construction Division ".".~ ,. ...._,.... .,~h~ , _.._...... :"'_""~,,, 'P"t^nClOsure' ~" :'''....11 cc: . '.John D. Goss, City Manager 5~~3 ( IUtlWll> J. tamAN a:ilRfX:Tlaw. FACILITlC AT KlC!\ IIOONTlUN 480 Alta Reed &an Diego, CA un9 \6191 661-6500 :;) ,~, ; . ~i " l ~'I='/''''''';.<,C'"l, "~.."}." ( fl..' . 10 i -- ,....._ c. ~,. .w~~. ~e'i!.ic" n........I~ . ,. J!O'I'I'r .<;fll7l'El.S. sUr Oust Hotel 950 /iotal Cu-cl.. North san Dleqo, CA 92108 (619) 298-0511 . ., Taoln , Ceuntr.l Hot..l 500 Ilotel Cuel.. llorth san Die<30, CA 92108 (619) 291-7131 1l8nalel Hotel 2270 Hotel Ci reI.. llorth S&n Diego, CA 92108 (619) 297-1101 La ~nta 150 Bon1ta _ Cbula Viata, CA 92010 (6191 691-1211 N!Sl'AlIlWl1'S : B1ac:l< Anr;/Us 707 E Street 0lUl.. Vista. CA (619) 42'-9200 JIwr;jry IIuntu 1~4 Pal.. A_ ~al hach, CA (619) 423-0953 llurri_s 5170 Bcn1 ta 110IIII Bonita. CA (6191 .79-8024 IlaInadaInn 91llcnita _ Cbula V'.ista. CA 92010 I '. / / (619) 42S-9'99 J.r' nay. Inn 215 If. Bay Blw. Chula Viata, CA (9161 425-8200 'mMIl l.<dge 44SO ~ Valley _ ChWa Viata, CA (9161 422-2600 l A\J;julit 1988 . .5t;f'i The following information Is necessary to obtain prison gate clearance: NAME: CALIFORNIA DRIVER'S LICENSE NUMBER SOCIAL SECURITY NUMBER DATE OF BIRTH: FAX TO (9161 322-5717 BY CLOSE OF BUSINESS JULY 11. 1994. The following Information is necessary to obtain prison gate clearance: , NAME: ..,.~ . ....,.,.. ,"... ..... ._.... ._....................... ,..~......4-... __u. ...~.~..-...,__,:..... ___. __ ~c- ,,~.."''''' . -.~" .:J CAL1FORNIA DRIVER'S LICENSE NUMBER r:-11"'Y"!' SOCIAL SECURITY NUMBER PATE OF BIRTH: FAX TO KATHRYN MANZER AT(916) 322-5717 BY CLOSE OF BUSINESS JULY 11. 1994. The following information Is neclIssary to obtain prison 9ate clearance: NAME: CALIFORNIA DRIVER'S LICENSE NUMBER SOCIAL SECURITY NUMBER PATE OF BIRTH: FAX TO KATHRYN MANZER AT (9161322-5717 BY CLOSE OF BUSINESS JULY 11,1994. . f t:J7.. ~ STATE OF CALIFORNIA. YOUlH AND ADULT CORRECTIONAL AGENCY PElEWllSON, Gcw.nor DEPARTMENT OF CORRECTIONS P.O. 80K 942883 , Saoramento, CA 94283-0001 ,..' , ~ V ffi ro (l;ffi ~ \:1 .~..' D V; -- '---~11 i" fJUL - 5 \894 . .,. i\", FAX TRANSMITTAL COVER SHEE'( .- PLANNING AND CONSTRUCTION DIVISION I rp/(\"'"",:,~ ~.'7:,:"\" ""''''1- ,.,f . . Date: ~\\I 51_1~4 Time: 1;30 .. To: ~.&a2r.ah\~ Phone: Fax ,: ((gfl)585 :-5~".: From: G. ltEVIN CARRDTH. DEPUTY Duu:Cl'OR Phone:916-44~7112 Fax .': 916-322-5717 Number of pages (including cover sheet): ~ Subject/Comment: -rh.l~ is a +imJI... '":lU'ISi+i~ doc.\.l~. If there are any problems with this transmission. Please call: Name: n...t"lnl!l Phone: 916-445-7112 s ~-' t, COUNCIL AGENDA STATEMENT Item /, 7fP/Y;;' I Meeting Date ITEM TITLE: 1755.3 Resolution Reciting the Fact of the General Municipal Election held on June 7, 1994, declaring the result, and such other matters as provided by law. '\ Beverly A. Authelet, City Cler~[,L- SUBMITTED BY: (4/5ths Vote: Yes_ No_l A General Municipal Election was held on June 7, 1994. Results of the election have been certified to us by the County Registrar of Voters. Before Council is a Resolution declaring the results of that election. RECOMMENDATION: It is recommended that the City Council declare the results of the General Municipal Election which was held on June 7, 1994 for the purpose of electing a Mayor and members of the City Council for Seat Nos. 1 and 2. BOARDS AND COMMISSION RECOMMENDATION: Not applicable BACKGROUND: On March 8,1994, the City Council approved Resolution 16913 calling a General Municipal Election to be held on June 7, 1994 for the election of a Mayor and members of the Council for Seat Nos 1 and 2. This was the first election to be conducted under the 1992 Charter amendment which states that, "a candidate is deemed elected upon receipt of a majority of the votes cast for the particular seat or office. If no one receives a majority of votes, then a special runoff election shall be held in November." Results of the election which were certified to us by the Registrar indicate that Shirley Horton, the candidate running for Mayor, received a majority of the votes. Council candidate, Jerry R. Rindone, also received a majority of the votes for Seat NO.1. However, there was no candidate which received a majority of the votes for Seat No.2. Therefore, a special runoff election will be held in November between Steve Padilla and Carmen Sandoval. The Registrar of Voters has canvassed the ballots for the June 7, 1994 election and has sent us the certified results which is attached to the Resolution. FISCAL IMPACT: None attach. - Resolution ~-0-J; RESOLUTION NO. /7553 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON JUNE 7, 1994, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Chula Vista, California, on Tuesday, June 7, 1994, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. 16913 adopted March 8, 1994, the Registrar of Voters canvassed the returns of the election and has certified the results to the City Council. The results are received and made a part hereof as Exhibit "A" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the number of ballots cast at the polls was 15,866 with 5,767 absent voter ballots for a grand total number of ballots cast in the City of 21,633; and SECTION 2. That the names of the persons voted for at the election for Members of the City Council are as follows: Names of Nominees for Mayor Shirley Horton Penny Allen Bob Piantedosi Wayne Thomas Tucker Names of Nominees for Seat No.1 Jerry R. Rindone Thomas "Tom" Dougherty Names of Nominees for Seat No. 2 Steve Padilla Carmen Sandoval Frank A. Tarantino SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above names for the respective offices for which the d,-J Resolution * * * * * Page 2 persons were candidates were as listed in Exhibit "A" attached. SECTION 4. The City Council does hereby declare Shirley Horton elected as Mayor by a majority vote and Jerry R. Rindone elected to Seat 1 by a majority vote. SECTION 5. The City Council does also declare that Steve Padilla and Carmen Sandoval did not receive a majority vote and will, therefore, be in a run-off election scheduled for November 8. 1994 for Seat No. 2. SECTION 6. The City Clerk shall enter on the records of the City Council of the City of Chula Vista, a statement of the result of the election, showing the whole number of ballots cast in the City. PASSED, APPROVED, and ADOPTED this * day of July, 1994. Presented by [) Beverly A. Authelet City Clerk Bruce M. Boogaar City Attorney ~,~ COUNCIL AGENDA STATEMENT Item L Meeting Date 07/12/94 XTEM TXTLE: Resolution J 7.5> ~ Rescinding prior council approval of contract for asphaltic concrete Director of Financ~ City Manage~ ~~ (4/5THS Vote: Yes___No-K-) SUBMITTED BY: REVIEWED BY: At its meeting of June 14, 1994, Council approved Resolution No. 17523 awarding the contract for asphaltic concrete (AC) to be used by Public Works/Operations during the period July 1, 1994 through June 30, 1995. Attached is a copy of the council Agenda statement dated 6/14/94 accepting bids and awarding contract for asphaltic concrete. The contract was awarded to sim J. Harris Company, San Diego, but has not yet been executed, and is therefore revocable. The contract is non-exclusive and binds the City only to the prices bid when materials are requested. RECOMMENDATION: That Council rescind Resolution No. 17523 and award the contract to California commercial Asphalt Corp. BOARDS , COMMISSION RECOMMENDATION: Not applicable DISCUSSION: During the evaluation of bids received, staff inadvertently did not notice that California Commercial Asphalt corp. proposed to furnish the AC from their plant on Hollister Street instead of the Carroll Canyon Plant. Bids were requested for the following: ITEM MATERIAL ESTIMATED USAGE 1 2 3 4 5 Type III-F-AR-4000 asphaltic concrete (sheet asphalt) Type III-D-AR-4000 asphaltic concrete (3/8" max. aggregate) Type III-D-SC- 800 asphaltic concrete (cold mix) Type B2-AR-4000 asphaltic concrete (3/4" max aggregate) Type III-AR-4000 asphaltic concrete (3/8" fine) 500 Tons 2,000 Tons 5,000 Tons 1,000 Tons 500 Tons 7.../ Page 2, Item Meeting Date 07/12/94 7 Four vendors submitted the following bids: PRICE PER TON ITEM ITEM ITEM ITEM ITEM lOTAL BID BASED BIDDER ...L -.L -L --L --L ON EST. USAGE Sim J. Harris Co $23.00 $19.00 $23.00 $19.00 $20.50 $90,250 San Diego Lakeside Asphalt 22.00 21.00 21.50 19.00 21.50 93,500 Lakeside Calif Commercial Asphalt 23.25 21.00 23.50 19.00 21.00 94,875 San Diego Industrial Asphalt 27.75 21.50 25.50 21.25 22.00 101,875 San Diego The bid specifications called for pick up of the material at the vendor's plant. This way, the job site could be prepared while trucks were on route to pick up hot material and application made on their return. The low bidder Sim J. Harris Co. is located at the junction of Highway 163 and 1-15. The driving distance round trip is 34 miles. The second lowest bidder, Lakeside Asphalt, is located 3 miles north of Lakeside, off Highway 67. Driving distance is 63 miles round trip. The third lowest bidder, California commercial Asphalt is located at 387 Hollister street, San Diego. Driving distance is 8 miles round trip. The normal pick up of materials is 7 tons per load. The current city dump truck rate is $12.00 per hour and driver $17.26 per hour. The cost per load is shown below: VENDOR TRAVEL TIME TRUCK DRIVER TOTAL COST RT - HOURS COST COST PER LOAD California Commercial Asphalt .75 9.00 12.95 $21.95 Sim J. Harris Co. 1.5 18.00 25.89 43.89 Lakeside Asphalt 2.25 27.00 38.84 65.84 ?.."l Page 3, Item Meeting Date 07/12/94 7 Based on the estimated usage and 7 ton load average, 1,286 trips are projected during the year to transport the material. When the cost for the city to transport the material is added to the bids submitted, California commercial Asphalt becomes the most economical bid. A representative of the apparent low bidder, Sim J. Harris Co., has been informed of the intention to consider transportation costs in the overall evaluation, and has registered no complaint. sim J. Harris Co. was awarded the Fiscal Year 1993- 94 contract as the second lowest bidder based on consideration of transportation costs. FISCAL IMPACT: Funds for this contract are provided in the Fiscal Year 1994-95 budget for the Gas Tax Fund. This action will increase contract expenditures by approximately $4,625, but avoid more than $28,000 in related transportation costs. AGENDA\ASPHAlT.2 6/94 7~;J /1- tj RESOLUTION NO. /75f'l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING PRIOR COUNCIL APPROVAL OF CONTRACT FOR ASPHALTIC CONCRETE, AND AWARDING CONTRACT TO CALIFORNIA COMMERCIAL ASPHALT CORPORATION WHEREAS, at its meeting of June 14, 1994, approved Resolution No. 17523 awarding a contract to Sim J. for asphaltic concrete to be used by Public Works/Operations the period July 1, 1994 through June 30, 1995; and Council Harris during WHEREAS, Company, San Diego, revocable; and the contract was awarded to Sim J. Harris but has not yet been executed, and is therefore WHEREAS, the contract is non-exclusive and binds the city only to the prices bid when materials are requested; and WHEREAS, during the evaluation of bids received, staff inadvertently did not notice that California Commercial Asphalt Corp. proposed to furnish the AC from their plant on Hollister Street instead of the Carroll Canyon Plant; and WHEREAS, the bid specifications called for pick up of the material at the vendor's plant so that the job site could be prepared while trucks were on route to pick up hot material and application made upon return; and WHEREAS, the low bidder Sim J. Harris is located at the junction of Highway 163 and I-15 with a round trip driving distance of 34 miles; the second lowest bidder, Lakeside Asphalt, is located 3 miles north of Lakeside, off Highway 67 with a round trip driving distance of 63 miles; and the third lowest bidder, California Commercial Asphalt is located at 387 Hollister Street, San Diego with a driving distance of 8 miles round trip; and WHEREAS, based on the estimated usage and 7 ton load average, 1,286 trips are projected during the year to transport the material; and WHEREAS, a representative of the apparent low bidder, Sim J. Harris Co., has been informed of the intention to consider transportation costs in the overall evaluation, and has registered no complaint and Sim J. Harris Co. was awarded the Fiscal Year 1993-94 contract as the second lowest bidder based on consideration of transportation costs; and WHEREAS, when the cost for the city to transport the material is added to the bids submitted, California Commercial Asphalt become the most economical bid. 7' .5 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby rescind Resolution No. 17523 awarding the contract to sim J. Harris Company and awards the contract for asphaltic concrete to California Commercial Asphalt Corporation. Presented by Robert W. Powell, Director of Finance c: \RS\REBID.AC ?,(, Bruce M. Attorney J =:0 COUNCIL AGENDA STATEMENT Item Meeting Date 06/14/94 SUBMITTED BY: Resolution J'J'~~ Accepting bids and awarding contract for asphaltic concrete c- OffY\ I Interim Finance Administrator~~YIJ ITEM TITLE: REVIEWED BY: City Manager (4/5THS Vote: Yes___No-X-l Bids were received and opened at 4:00 pm on May 31, 1994, in the office of the Purchasing Agent for furnishing asphaltic concrete to the city for use during the period July 1, 1994 through June 30, 1995. RECOMMENDATION: That Council accept the bids and award the contract to Sim J. Harris Co. BOARDS , COMMISSION RECOMMENDATION: Not applicable DISCUSSION: Bids were requested for the following: mM MATERIAL ESTIMATED USAGE 1 2 3 4 5 Type III-F-AR-4000 asphaltic concrete (sheet asphalt) Type III-D-AR-4000 asphaltic concrete 13/8" max, aggregate) Type III-D-5C- 800 asphaltic concrete (cold mix) Type B2-AR-4000 asphaltic concrete 13/4" max aggregate) Type III-AR-4000 asphaltic concrete (3/8" fine) 500 Tons 2,000 Tons 5,000 Tons 1,000 Tons 500 Tons Four vendors were mailed bid proposal forms with the following bids received: PRICE PER TON ITEM ITEM ITEM ITEM ITEM lOT AL BID BAS8J BIDDER -L -L -L -L -L ON EST, USAGE Sim J. Harris Co $23.00 $19,00 $23.00 $19,00 $20.50 $90,250 San Diego Lakeside Asphalt 22.00 21.00 21.50 19.00 21.50 93,500 Lakeside Calif Commercial Asphalt 23.25 21.00 23,50 19.00 21.00 94,875 San Diego Industrial Asphalt 27,75 21.50 25.50 21.25 22.00 101,875 San Diego 7,7 - Page 2, Item Meeting Date 06/14/94 The bid specifications called for pick up of the material at the vendor's plant. This way, the job site could be prepared while trucks were on route to pick up hot material and application made on their return. The low bid of Sim J. Harris meets to the Director of Public Works. follows: specifications and is acceptable The FY 93/94 unit prices were as ITEM 1 ITEM 2 19.50 ITEM 3 24.00 ITEM 4 19.50 ITEM 5 24.00 19.50 I'ISCAL IMPACT: Funds are provided for in the Gas Tax Fund for the FY 1994/95 and awarding of this contract is contingent upon approval of the budget. OATA\A113.ASPHALT 01" 7"Y - COUNCIL AGENDA STATEMENT l?ff.5' Resolution Approving South Chula vista Library Change Order No.7 with Douglas E. Barnhart, Inc., for lighting, sound insulation, structural elements and other miscellaneous changes SUBMITTED BY: Director of Public Work~Aj/ Library Director~ ~ REVIEWED BY: City ManagerJ4~~ (4/5ths Vote: Yes___No-X-) On November 2, 1993, Council aJjrde~ the construction contract for the South Chula vista Library to Douglas E. Barnhart, Inc. Construction of the South Chula vista Library is being monitored jointly by the project management firms of Starboard, Inc. and Project Solutions, Inc. as well as by the city's Building Projects Supervisor. They have worked with the California State Library, the contractor and the architect to insure that the changes included in Change Order No. 7 are necessary and advisable and that the City achieves the greatest possible value. Since the Library Construction and Renovation Bond Act grant provides for reimbursement for 65% of the building project, including change orders, all change orders must also be approved by the State Bond Act Manager. MEETING DATE ITEM r Julv 12, 1994 ITEM TITLE: RECOMMENDATION: That Council approve Change Order No.7 inclusive. BOARD/COMMISSION RECOMMENDATION: Not applicable DISCUSSION: Change Order No.7, as approved by the State Bond Act Manager, totals $45,709 and incorporates a number of elements. The lighting changes, which encompass over 70% of this Change Order, are being proposed; a) in order to ensure the lowest on-going maintenance costs possible, and b) to meet lighting requirements of individual tables and carrels in a different way than originally proposed. Other proposed changes are a combination of value-added items which provide a higher initial cost but lower operational cost, and technical items that will insure efficient constructability. This is a normal part of construction in a complex building project when multiple professionals are reviewing and fine-tuning work in progress. The scope of work is as follows: Liqhtinq 1. Add back originally specified light fixtures. During the value engineering stage of this project, an $18,000 credit was taken when the Project Team projected that ~../ ~ " COUNCIL AGENDA STATEMENT ITEM MEETING DATE: 7", PAGE L Julv 12. 1994 alternate fixtures could be used throughout the project at a reduced cost. However, after considerable discussions with the Public Works Department and the state Library, it was agreed that it would be to the City's best interest to purchase the highest quality light fixtures to ensure the lowest possible on-going maintenance costs. The state Library Bond Act Manager has indicated that unless lighting meets certain specified levels, he will not formally close out the project and release the 10% retention money to the City. Add: $16,144 2. At the time the building was bid, all furniture was to have integrated task lighting which provides reading lights for each individual desk or carrel. However, when the furniture package was bid, some integrated task lighting had to be removed from tables and carrels for functional and design reasons. This is one factor for the furniture bids coming in $176,597.79 under budget. It is now necessary to add these lighting elements back into the project as part of the construction costs rather than as part of the furniture costs. The Project Manager indicates that the City is seeing an overall cost-savings by moving this lighting from the furniture to a wall or ceiling. The state Library Bond Act Manager has indicated that unless lighting meets certain specified levels, he will not formally close out the project and release the 10% retention money to the city. Add: $16,192 3. Delete six underwater light fixtures in the Reading Courtyard area because lighting in the courtyard was adequate to meet both functional and architectural consideration. Additionally, the Public Works Department has requested that fountain lights be kept to a minimum due to high maintenance costs. Deduct: $750 Sound Insulation 1. During the course of review, the Audio Visual vendor recommended sound insulation be increased in conference and meeting rooms to ensure complete soundproofing. Add: $1,002 ~;~ COUNCIL AGENDA STATEMENT ITEM MEETING DATE: ~, PAGE ;L Julv 12. 1994 2. Delete concrete pad which supports literacy and support the unit on a steel skid shock absorber system and drywall to the space below to transmission. the HVAC unit in more conventional add two layers of minimize noise Add: $1,894 Structural 1. Provide flat stock to bridge steel hip tubing at twelve pyramid hips to provide additional structural support and ensure continuous roof flashing to prevent leaks. Add: $1,091 2. Install additional wall footing at south side door opening due to inadequate detailing on the drawings. Under the coordination of the Project Manager, this work was done as a force account in order to keep the project on schedule. Add: $599 3. Provide wood framing for three sets of rolling gate tracks. Add: $3,300 4. Install 4 inch expansion j oint in mezzanine slab to minimize concrete cracking. Add: $212 5. Provide additional wall in Children's story Hour Room to accommodate duct work. Add: $1,060 Miscellaneous 1. Provide frame modifications and one new door for opening #157. Add: $952 ~,) COUNCIL AGENDA STATEMENT ITEM MEETING DATE: 7, PAGE L Julv 12. 1994 2. Upgrade fire extinguisher cabinets to flush mounted. Add: $423 3. Rework cabinetry and remove electrical outlets in staff lounge to ensure proper coordination between vendor allocated equipment and building infrastructure. Add: $646. 4. After studying the masses and configuration of the building, the architect recommended providing a factory- applied bronze finish to twelve pyramid skylights and twenty-five circular skylights in the Children's story Hour Room to enhance the overall architectural intent. Add: $2,944 As required by the Library Construction and Renovation Bond Act, the elements in Change Order No. 7 have been approved by the Library Bond Act Manager. Previous Chanqe Orders Previously approved Change Orders 1 - 6, for a wide variety of elements, have totalled $154,593.46 and included: change Order No. 1 was a reduction in the scope of work and reduced the bid amount by $464,783. This Change Order did not impact the contingency fund and is not included in the overall tally. Change Order No. lA, totalling $7,302.46, was for Builder's Risk Course of Construction Insurance and removal of concrete footings. Change Order No.2, totalling $4,910, was for additional conduit, revised glu-Iams and two junction boxes. Change Order No.3, totalling $22,182, was for landscaping and irrigation installation. Funding for a portion of this change order (18,682) was provided by the Public Works Department. Change Order No.4, totalling $9,588, was for a variety of elements. Change Order No. 5 for City initiated, utility or code required, HVAC coordination and force account work totaled $93,416. Y~'I COUNCIL AGENDA STATEMENT ITEM MEETING DATE: ~, PAGE ~ Julv 12. 1994 change Order No.6 totaled $17,195 and added an exterior fountain in the entrance courtyard. The entire Change Order was funded by the Friends of the Chula vista Public Library. Future Chanqe Orders with the building now more than 50% complete, the project Manager continues to indicate that it is his belief that no more than fifty percent of the contingency budget will ever be needed for this project. The Project Team, which includes the project Manager, the Public Works Department, the Architect, the Contractor and Library staff, has currently identified two potential small scale change orders. One might be to add four additional lights to the browsing area, per the state Library's request, and another might be to add additional security lighting to the entrance courtyard. FISCAL IMPACT: The proposed change Order No.7 totals $45,709. Funding is available in the South Chula vista Library project's contingency fund. The Library Construction and Renovation Bond Act grant reimburses 65% or $29,711. The City's share is 35% or $15,998. The total aggregate of change order work funded with library construction funds (#1 through #7, inclusive) is $200,302 or 2.59% of the bid award. There has been a $35,877 increase in the contingency funds due to monies coming from the Public Works Department for public right-of-way improvements and from the Friends of the Library for the exterior entrance fountain. The remaining balance of the library's contingency fund will be $444,784.52 after the deduction of Change Order No.7. r-.s!1J-b RESOLUTION NO. 1755~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SOUTH CHULA VISTA LIBRARY CHANGE ORDER NO. 7 WHEREAS, on November 2, 1993, Council awarded the construction contract for the South Chula vista Library to Douglas E. Barnhart, Inc.; and WHEREAS, construction of the South Chula vista Library is being monitored jointly by the project management firms of Starboard, Inc. and Project Solutions, Inc. as well as by the City'S Building Projects Supervisor; and WHEREAS, Change Order No.7, as approved by the State Bond Act Manger, totals $45,709 and incorporates a number of elements including lighting changes necessary to meet State Library requirements, improved sound insulation, as well as some structural and miscellaneous elements; and WHEREAS, the project management firms have worked with the California State Library, the contractor and the architect to insure that the changes included in Change Order No. 7 are necessary and advisable and that the City achieves the greatest possible value. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve South Chula vista Library Change Order No. 7 with Douglas E. Barnhart, Inc. in the amount of $45,709 for lighting, sound insulation, structural elements and other miscellaneous changes. aJ Presented by David Palmer, Library Director C:\rs\library.co7 8" 1 STATE LIBRARY INITIATOR # 7 PROJECT NO. P86-032 CITY OF CHULA VISTA CHANGE IN CONTRACT CHANGE ORDER NO: DATE: JOB # CONTRACT: CONTRACTOR: 007 June 29, 1994 LB-125 South Chula Vista Library Douglas E. Barnhart Inc. The following addition executed September 22, Douglas E. Barnhart Inc. shall be made to INCREASE the contract 1993 between the City of. Chu1a Vista and REMARKS AND DETAILS: Changes in plans and specifications at an agreed upon pr ice. Change order # 007 includes several proposals which are all requested by either City staff or by the Architect to enhance the remodel project at the South Chula Vista Library. An itemized breakdown follows: SEE ATTACHED DOCUMENTATION CHANGE ORDER #007 SUM: $ 45,709.00 ORIGINAL CONTRACT AMOUNT $ 5,973,201. 00 $ 154,593.46 $ 6,127,794.46 $ 45,709.00 $ 6,173,503.46 PREVIOUS CHANGE ORDERS TOTAL PREVIOUS CONTRACT AMOUNT THIS CHANGE ORDER NO.007 REVISED TOTAL CONTRACT It is agreed performed and contract and hereto. by the undersigned that all extra work mater ial furnished in accordance with the in accordance with the statement, if any, shall be original attached APPROVED BY: APPROVED BY: John P. Lippitt Director Of Public Works City Of Chula Vista Douglas E. Barnhart Owner Douglas E. Barnhart Inc. !i;1-$; Dick Th~ City Of Chula Vista Building Project Supervisor 8'~ GENERATED BY: fw.~d~ Project Manager Starboard Construction Inc. ORDERED BY: SUMMARY OF CHANGE ORDER NO. 007 1. During the value engineering stage of the project a credit of $18,000 was taken as a line item goal to seek alternative light fixtures. After considerable investigation, in order to not affect the quality level of the lighting, a minor credit was taken on one light fixture. It is the opinion of the design team to keep the other fixtures as specified to provide the City with the highest quality product. ADD $16,144.00 2. Due to layout considerations of the furniture in respect to the location of windows in the library, it was decided to credit task lighting from the furniture budget and add ceiling and wall fixtures into the construction budget to accommodate these lighting requirements. LITERACY: CHILDREN'S: CHILDREN'S: ROOMS 123 & 124: 8 type M light fixtures, 14 type C light fixtures, Revise fixture types F & T, 7 type C fixtures ADD $2,961. 00 ADD $4,530.00 ADD $6,762.00 ADD $1,939.00 3. Delete six (6) underwater light fixtures at the reading courtyard fountain area. DEDUCT $750.00 4. Provide frame modifications and one new door for opening>> 157 ADD $952.00 5. Upgrade fire extinguisher cabinets to stainless steel flush mounted. ADD $423.00 6. Provide flat stock to bridge steel hip tubing at the twelve pyramid hips. ADD $1,091.00 7. Upgrade insulation at conference rooms >> 116, 117, 119, 120, 122, and 133. ADD $133.00 8. Install additional wall footing at South side door opening (Force Account) ADD $599.00 8"1 9. Provide wood framing for three (3) sets of rolling gate tracks. ADD $ 3,300.00 10. Rework cabinetry and move electrical area. outlets at staff kitchen ADD $646.00 11. Install 4" felt expansion joint at at mezzanine. slab to minimize cracking. ADD $212.00 12. Provide additional wall at childern's story hour room to accommodate ductwork. ADD $1,060.00 13. Provide a factory applied bronze finish at 12 pyramids skylights and 25 circular shylights in the childerns story hour room. ADD $2,944.00 14. The H.V.A.C. unit for literacy is supported by a concrete pad on the roof and has a dual function to reduce noise within the space below. The slop of the roof caused the H.V.A.C. unit to exceed the parapet height. The proposed solution is to delete the concrete pad and support the unit on a more conventional skid system and use two layers of drywall on the space below to minimize noise transmission. ADD $1,894.00 'ir'/CJ CONSTRUCTION CONTINGENCY FISCAL INFORMATION CONSTRUCTION CONTINGENCY Original Contingency Allowance: Net Change All Previous Change Orders: Contingency Allowance Ballance Available: BUDGET INCREASE FUNDING SOURCE PUBLIC IMPROVEMENTS ($18,682.00) BUDGET INCREASE FUNDING SOURCE FRIENDS OF THE LIBRARY ($17,195.00) Net Change This Change Order #007 New contingency Allowance Balance: ~,,// $609,210.00 <$154,593.46> $454,616.54 $473,298.54 $490,493.54 <$45,709.00> $444,784.52 COUNCIL AGENDA STATEMENT ITEM TITLE: /7fft Resolution Approving an agreement with the San Diego Unified Port District for police and fire services for FY 1994-95 through FY 1996-97 Shauna Stokes, prin~il'\~ Management Analyst ;rY' City Manage~ \)>.6 ~\ (4/5ths Vote: Yes_NolO Item '1 Meeting Date 7/12/94 SUBMITTED BY: REVIEWED BY: The City has been negotiating with the San Diego Unified Port District (Port) on a multi- year agreement for the provision of City police and fire services to the non-tax paying properties on the tidelands. The agreement under consideration covers the three fiscal years 1994-95 through 1996-97. Under the proposed agreement, the City will receive $360,013 for police and fire services in FY 1994-95, with adjustments in subsequent years to cover increases in City costs. The proposed reimbursement of $360,013 is roughly $60,000 more than the $300,000 revenue estimate included in the FY 1994-95 budget, which was adopted by Council on June 21, 1994. RECOMMENDATION: That the City Council adopt the resolution approving the multi- year agreement with the Port. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: During FY 1990-91, Chula Vista, in conjunction with the other member cities of the Port District, successfully renegotiated the reimbursement agreements for police and fire services provided by the cities to the non-tax paying properties of the tidelands. In FY 1990-91 Chula Vista received a total reimbursement for public safety services of $95,000. Under the renegotiated agreement, Chula Vista received a total reimbursement for public safety services of $391 ,030 in FY 1991-92 and $463,667 in FY 1992-93. It is important to note that reimbursements for FY 1991-92 and 1992-93 were based on: 1) estimated, rather than actual, service levels and costs, and 2) a disputed methodology used by the City which, in addition to valuing direct services, also incorporated a factor to account for the hours needed to staff a beat 24 hours per day, regardless of whether the beat officer was engaged in direct services. It was understood by the parties that the reimbursement agreement would be renegotiated after the Port was able to audit service levels and costs and establish baseline data. In March 1994, Port staff completed an audit of police and fire services provided by the City to the non-tax paying properties on the tidelands. Based on the audited workload and cost data and the City's patrol staffing model, a revised baseline reimbursement level of $360,013 was agreed to, commencing in FY 1994-95. Important points to note about the revised agreement are: 9-/ Page 2, Item~ Meeting Date 7/12/94 . although final negotiations are still on-going between the Port and several of the other member cities, the revised reimbursement total for Chula Vista is in line with adjustments being renegotiated with all of the cities; . the new baseline total of $360,013 is still $65,000 more than the $295,000 which had been budgeted for FY 1993-94 reimbursements (in anticipation of the pending renegotiation); and $60,000 more than the revenue estimate of $300,000 which was included in the FY 1994-95 budget. . the Port initially required that the new reimbursement agreement (Le., reduced payments) commence in FY 1993-94, the year in which the audit was completed. City staff successfully argued that the Port was responsible for audit delays and that the FY 1993-94 reimbursement should be based on prior formulas and factors. As part of the overall negotiations, the Port agreed to reimbursements totalling $479,493 for FY 1993-94 (approved by Council on March 15, 1994). As noted above, this amount exceeded budgeted levels and was used to help offset revenue reductions which had occurred in other areas; . for the first time, the new methodology incorporates an agreed-upon factor valuing the "reserve capacity" associated with both police and fire services; . as with previous agreements, the Port can elect to take over responsibility for any of the police and fire services currently provided by the City. However, the new agreement, by reformulating the charges for specific services, has greatly reduced the economic incentive for the Port to perform these services in-house and has reduced the potential financial impact to the City should the Port ever elect to do so. The added revenue stability for the City is one of the most important aspects of the new agreement; . lastly, the agreement calls for adjustments to the baseline reimbursement level of $360,013 in subsequent fiscal years, to reflect increases in City costs. It is anticipated that at the end of this three-year agreement the Port will conduct another audit to establish new baseline data for use in future agreements. Perhaps the most important outcome of the current negotiations was the mutual agreement between Port and City staff as to an appropriate methodological framework for valuing these City services. By establishing a mutually acceptable basis for calculating the value of these services, staff has eliminated what had been a highly contentious issue between our organizations. We believe the new agreement will help pave the way for increased cooperative efforts in the future. 9-;2. Page 3, Item 1 Meeting Date 7/12/94 FISCAL IMPACT: The proposed agreement calls for a reimbursement of $360,013 in FY 1994-95 for police and fire services provided by the City to the non-tax paying properties on the tidelands. The projected revenue is roughly $60,000 more than the $300,000 revenue included in the FY 1994-95 budget, which was adopted by Council on June21,1994. It should be noted that the City also receives reimbursement from the Port for maintenance of parks at the J Street Marina area under a separate agreement. 9, J /q-1- RESOLUTION NO. I ?f5? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE AND FIRE SERVICES FOR FY 1994-95 THROUGH FY 1996- 97, AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, the City has been negotiating with the San Diego Unified Port District on a multi-year agreement for the provision of City police and fire services to non-tax paying properties on the tidelands; and, WHEREAS, the agreement under consideration at this time covers the fiscal years 1994-95 through 1996-97; and, WHEREAS, the city will receive a total of $360,013 from the Port for police and fire services in FY 1994-95, with adjustments in subsequent years to cover increases in City costs. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve an Agreement with the San Diego Unified Port District for Police and Fire Services for FY 1994-95 through FY 1996-97, 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 a vista. y Presented by aara Shauna Stokes, Principal Management Analyst C:\rs\portdist 9'> /9-6 THREE-YEAR AGREEMENT FOR POLICE AND FIRE SERVICES The parties to this agreement are the city of Chula Vista, a municipal corporation, hereinafter called "CITY," and the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "DISTRICT." RECITALS WHEREAS, the DISTRICT desires to contract for the provision of police and fire services to the non-ad valorem tideland trust property located on the CITY's tidelands, and; WHEREAS, the CITY has the capacity to provide police and fire services to said DISTRICT property, and; WHEREAS, the DISTRICT has an obligation to adhere to a principle of reimbursement for services provided to non-ad valorem tideland trust property, wherein the cost bears a relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls within the trust purposes of the DISTRICT, and; WHEREAS, the DISTRICT may authorize the disbursement of money for specified and approved categories of reimbursement to the CITY providing such services are based upon records kept in the normal course of CITY business; NOW, THEREFORE, the parties agree: 1. SERVICES TO BE PROVIDED A.... This agreement covers reimbursement of the cost of police and fire protection services to be provided by the CITY upon the DISTRICT's filled tidelands and property within CITY's limits which do not generate ad valorem tax revenues. Those properties include but are not limited to non-dedicated streets, parks and other open space, unleased developed properties, leased properties wherein the lessee is not subject to ad valorem taxes (with the exception of properties leased to the CITY,) and unleased vacant land (see Attachment B). Nothing herein contained shall give CITY the right to use or occupy any DISTRICT real or personal property, or to otherwise use the services of the DISTRICT or its employees. ~ CITY shall provide police, fire and emergency medical services as contained in the Statement of Reimbursable Expenses of this agreement, attached hereto as Attachment A and incorporated by reference as though fully set forth herein. Only expenditures authorized herein shall be eligible for reimbursement, unless approved in writing by the DISTRICT. 1 'I'? ~ For Police Services, the CITY shall provide services to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax- generating property. DISTRICT and CITY shall, to the extent practicable, meet and confer as needed to discuss deployment of resources cooperatively in an effort to avoid duplication of services. !k. For Fire and Emerqencv Medical Services, the CITY shall provide, to the same extent and in the same manner as such member city actually provides or may be required by law to provide to an ad valorem tax-generating property, responses to all calls for fire suppression services by the fire department; and responses to all calls for emergency medical services, to such extent as the county, state or federal government requires the CITY to provide. The parties agree that emergency medical services shall be limited to first responder services. E.... The activities and services authorized for reimbursement shall only be those which have occurred and been rendered on or after July 1, 1994, and which are in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries, and recreation on said trust tidelands for the benefit of all of the people of the State of California. 2. PERIOD This agreement shall cover services rendered for the three-year period from July 1, 1994 to June 30, 1997; provided, however, either party may term~nate this agreement at the end of a fiscal year provided written notice is given at least six (6) months prior to the end of the fiscal year. 3. CONSIDERATION ~ In consideration of the foregoing performance of services by the CITY, the DISTRICT shall pay to the CITY a sum not to exceed Three Hundred Sixty Thousand and Thirteen Dollars ($360,013) per fiscal year. If during the three-year contract period the CITY'S~eqotiatedlcosts for police and fire department salaries and benefits c ange, CITY shall give the DISTRICT written notice and furnish documentation satisfactory to DISTRICT to substantiate the changes. The resulting increase or decrease in cost will be included when establishing the annual consideration to be paid commencing with the next fiscal year covered by this agreement. ~ Payments shall be made upon written request to the DISTRICT and may be submitted on a quarterly basis at any time during the quarter for the fiscal year in which services are performed. DISTRICT agrees to reimburse the CITY for any and all expenses within thirty days of receipt of a properly prepared request for reimbursement, subject to the not to exceed sum specified in 3.A., above. DISTRICT agrees to reimburse the CITY before the last day of the fiscal year for 2 9'8" the fourth quarterly payment provided the DISTRICT receives a properly prepared request for reimbursement at least thirty days before the end of the fourth quarter. ~ Payment shall be for reimbursement of expenses to conduct the services specified in this agreement. Proof of both incurrence and payment shall be kept on file by the CITY for review by the DISTRICT for a period of two years after the last day of the fiscal year. 4. TYPES OF REIMBURSABLE EXPENSES a... For Police Services, reimbursement shall be based on services provided, such as, responses to calls for service from persons other than CITY's sworn officers; calls for back-up service; preventive patrol, which may include taking appropriate action on routine incidents encountered where no arrest occurred and/or no report was made (for example, routine vehicle impounds and traffic stops); opening and closure of parks and security patrol as requested in writing by the DISTRICT; calls by Harbor Police for CITY police assistance; reimbursement for consumption of supplies; storing evidence; actual expenditures in terms of time, material and overhead in the case of calamities; activities of support staff, for example, investigating, supervising, and dispatching; a reasonable allocation of overhead as determined for each category of work; and other activities or events which call for the deployment of public safety officers. All costs reimbursed shall be based on services rendered for which the cost is reasonable and substantiated by data that is auditable to support that level of service. ~ For Fire and Emerqencv Medical Services, reimbursement shall be seven percent (7%) of the direct costs and overhead, representing a reasonable pro-rata portion of the cost, to operate one of the fire companies in the CITY's Fire station No.1, the primary responder to tideland emergencies. 5. STATEMENTS OF EXPENSES Beginning with March, 1997 and every third year thereafter, CITY shall provide DISTRICT with a statement estimating DISTRICT reimbursements due for services to be provided to the DISTRICT during the next three fiscal years for purposes of reaching mutual agreement on a new contract, if a~Plicable. Said statement shall be based on the costs incurred in provi 1 police, fire and emergency medical services during the previous fis al year. The estimate for police services shall include but not limited to the number of calls for service, investigations, repor arrests, or other particulars on police actions performed. ere applicable, the estimate for fire and emergency medical s vices shall include the number of calls for service. The estima es for police, fire and emergency medical services shall include, but ot be limited to, direct labor and other operating costs, details of allocations of actual support staff costs or departmental over ead and general CITY overhead costs based upon 3 ~'e; reasonable and generally accepted accounting principles. The CITY shall ensure that all data used in said estimates is supported by an audit trail that readily traces to underlying authoritative source documents. 6. DISTRICT FIRE AND POLICE SERVICES The DISTRICT shall maintain its current level of police and fire services within the CITY tideland area, and reserves the right to augment those services in the following fiscal year provided written notice is given at least six (6~ months prior to the end of a fiscal year. Said augmentation may result in a reduction in the future CITY services that otherwise might have been reimbursable under this agreement. 7. RECORDS ~ At the request of the DISTRICT, and upon reasonable notice, the CITY shall make available documentation supporting the request for reimbursement. Such documentation, if reasonably available, may include but is not limited to time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service records, dispatch records, police and fire budget data, other budget data used to calculate citywide overhead factors, the CITY's police staffing model, and other periodic logs maintained by police and fire staff. The DISTRICT shall have the right to review and make copies of documents, insofar as confidentiality requirements can be reasonably maintained. ~ No less often than monthly, CITY agrees to forward to the DISTRICT copies of any periodic logs, calls for police service, or other police, fire or medical emergency incident reports describing incidents occurring on non-ad valorem tideland properties covered by this agreement. Where available, exact street addresses should be listed in the logs and calls for service to assure that only actions on non-ad valorem properties are included. Quarterly statistical reports detailing the number and types of incidents on non-ad valorem tideland properties may be substituted. 8. ASSIGNMENT CITY shall not assign this agreement or any right or interest hereunder without express prior written consent of DISTRICT, nor shall DISTRICT assign this agreement or any right or interest hereunder without express prior written consent of CITY. 9. TERMINATION FOR CAUSE DISTRICT may terminate its entire obligation upon reasonable notice to CITY if the CITY violates any of the terms of the agreement. CITY may terminate its entire obligation upon reasonable notice to the DISTRICT if the DISTRICT violates any of the terms of the agreement. 4 9....1f) Prior to termination, said parties shall meet to attempt to resolve the issuers) and/or shall utilize the dispute resolution process described in Paragraph 14 below, "Dispute Resolution." 10. ENTIRE AGREEMENT It is expressly understood and agreed that this agreement constitutes the entire agreement between the CITY and the DISTRICT and in no event shall the CITY be entitled to any compensation, benefits, reimbursement or ancillary services other than as expressly provided in this agreement. There aLe no other written or oral understandings between the parties. No modification or amendment to this agreement shall be valid unless in writing and signed by the parties hereto. 11. HOLD HARMLESS A.... CITY agrees to indemnify and hold the DISTRICT harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the DISTRICT, and shall defend, indemnify and hold harmless the DISTRICT, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the CITY or any of its officers, agents or employees, except where claims or damages arise from the sole negligence or intentional acts, errors or omissions of DISTRICT, its officers, agents or employees. .!h DISTRICT agrees to indemnify and hold the CITY harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the CITY, and shall defend, indemnify and hold harmless the CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the DISTRICT or any of its officers, agents or employees, except where claims or damages arise from the sole negligence or intentional acts, errors or omissions of CITY, its officers, agents or employees. 12. INSURANCE A.... Throughout the duration of this agreement, the CITY shall maintain self-insurance or comprehensive general liability insurance covering bodily injury, personal injury and property damage arising out of the CITY's operations provided for in this agreement. The CITY shall also maintain self-insurance or auto liability insurance covering bodily injury and property damage arising out of the CITY's operations provided for in this agreement. At all such times as the CITY has in effect comprehensive general and auto liability insurance, the CITY's 5 9,// policies shall be endorsed to add the DISTRICT, its officers, officials and employees as additional insureds up to the full limits of coverage provided by all primary and excess liability policies. Additionally, the CITY's comprehensive general and auto liability insurance shall be primary for all purposes. lh Prior to commencement of this agreement, the CITY shall furnish to the DISTRICT a letter of self-insurance, or, certificates of insurance evidencing that all required policies are in full force and effect and providing at least thirty days' written notice be given to the DISTRICT prior to cancellation or reduction of any coverage. 13. DISPUTED REIMBURSEMENTS A. If the DISTRICT or the CITY discovers, independent of an audit, that the annual reimbursement amount made under this contract is greater than or less than the agreed upon amount, the parties shall meet to attempt to resolve the issues prior to the end of the fiscal year in which the reimbursement is being disputed. The CITY shall refund such overpayment and the DISTRICT shall remit such underpayment only if both parties mutually agree that an error was made and agree upon the disputed reimbursement amount. B. If the DISTRICT conducts an audit of the CITY records for the affected fiscal years, and if the DISTRICT or the CITY discovers that the annual reimbursements appear to be overpaid or underpaid, the parties shall meet to attempt to resolve the issues. The CITY shall reimburse the DISTRICT for an overpayment and the DISTRICT shall reimburse the CITY for an underpayment only if both parties mutually agree that an error was made and agree with the disputed amount. C. If such disputes arise, the parties agree to utilize the dispute resolution process described in section 14 of this agreement. 14. DISPUTE RESOLUTION If a dispute arises out of or related to this agreement, or either party alleges a breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration, litigation, or some other dispute resolution procedure. 15. ATTORNEY'S FEES In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 6 9"'/.).. 16. NO THIRD PARTY BENEFICIARIES This agreement is made and entered into for the benefit of DISTRICT and CITY only, and it is not intended for the benefit of any third party or any other person, and no such third party or any other person shall be a third party beneficiary to this agreement or otherwise have the right to enforce any provisions of this agreement. 17. CONTRACT ADMINISTRATOR FOR THE DISTRICT The Administrative Services Division of the District is designated as the DISTRICT's Contract Administrator of this agreement and shall receive and process all reports and requests for payment. All correspondence shall be sent to the following address: San Diego Unified Port District Bruce B. Hollingsworth, Treasurer Post Office Box 488 San Diego, California 92112 (Phone: 686-6212) 18. CONTRACT ADMINISTRATORS FOR THE CITY & For matters concerning fire services, all correspondence with the CITY shall be sent to the fOllowing address: Dan Beintema, Principal Management Assistant Chula vista Fire Department 276 Fourth Avenue Chula Vista, California 91910 (Phone: 691-5277) B. For matters concerning police services, all correspondence with the CITY shall be sent to the following address: Kevin Hardy, Principal Management Assistant Chula vista Police Department 276 Fourth Avenue Chula Vista, California 91910 (Phone: 691-5144) DATED: , 1994. SAN DIEGO UNIFIED PORT DISTRICT By Port Director CITY OF By JOSEPH D. PATELLO Port Attorney 7 9~/J ATTACHMENT A POLICE AND FIRE SERVICES AGREEMENT CITY OF CHULA VISTA FISCAL YEARS 1994-95, 1995-96, 1996-97 TABLE OF CONTENTS SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 EXHIBIT P................................... 2 EXHIBIT P-l................................. 3 ATTACHMENT 1, PART 1........................4 ATTACHMENT 1, PART 11.......................5 EXHIBIT V, ATTACHMENT 1, PART 111.........6-8 EXHIBIT VI.................................. 9 EXHIBIT VII, ATTACHMENT 2, PART 11......10-13 9-1t( , y SUMMARY TOTAL POLICE AND FIRE SERVICES CITY OF CHULA VISTA FISCAL YEARS 1994-95, 1995-96 AND 1996-97 Total Police Services Total Fire Services Exhibit P Exhibit VII, Attachment 2, Part II PAGE 1 9--/5 $279,175 $80,838 $360.013 Exhibit P CITY OF CHULA VISTA POLICE COST TIDELANDS AREA - NON TAX PROPERTIES ESTIMATED FOR THE YEAR ENDING JUNE 30,1995 Description Reference Amount Beat Officer Cost: No. officers required (FTE) Exhibit P-l 1.68 Annual cost per officer Exhibit V $66,853 Total beat officer cost Officers required X cost $112,313 Support Staff Cost: Ratio of support staff to officers Attachment 1, Part II 1.1 Number of support staff required Ratio X officers required 1.85 Annual cost per support staff Exhibit V $67,417 Total support staff cost Support staff required X cost $124,721 Sub- Total Beat Officer & Support Staff Cost $237,034 Overhead Cost: City overhead % Exhibit VI 17.77837% Total overhead cost % X Sub- Total $42,141 Total Police Cost $279.175 PAGE 2 9-/(, Exhibit P-1 CITY OF CHULA VISTA NUMBER OF BEAT OFFICERS REQUIRED TO STAFF SERVICE DEMAND FOR TIDELANDS AREA NON- TAX PROPERTIES Description Reference/Formula 94-95 Estimated calls for service (CFS), in hours Attachment 1, Part 1 94-95 Estimated non-calls for service (NCFS) hours for preventive patrol/officer initiated Negotiated formula activities/reserve capacity Total estimated hours CFS + NCFS Average beat officer hours available per year for field activities Provided by CV Number of officers required (FTE) Estimated hours / available hours for CFS + NCFS PAGE 3 9-/'} Amount 97.6 2356.7 2454.3 1460 1.68 ATTACHMENT 1: POLICE SERVICES - MULTI YEAR AGREEMENT BASED ON FY1992-93 DATA UNLESS OTHERWISE NOTED PART :I: PEACE OFF:ICERS NEEDED B. Beat Officer Time 1. All data is based upon Chula vista's patrol staffing model. This workload model assesses staffing needs based on the time required for various patrol officer functions. The model, developed in 1986, was cited by the International City Manager's Association (ICMA) as one of the ten best studies of police operations. CFS volume is based on data samples for Calendar Year 1991. Other CFS values are based on the FY1993- 94 patrol staffing study update (see attached Exhibit II). Average CFS handling time = 54.1 hours 35.86 min * 91 CFS = 3,244 min/60 min = 54.07 hours = 54.1 hours Average "backup" time = 26.1% CFS require backup at an average total backup time of 28.1 minutes = 11. 2 hours 91 CFS * .261 = 24 CFS requiring 1 or more backup units @ 28.1 minutes per average backup = 28.1 minutes * 24 = 674.4 min/60 min = 11.24 hours = 11.2 hours Average report time = 28.9 hours 100 CFS generate 81 reports, with an average report time of 23.4 minutes = 91 CFS * .81 (% requiring reports) = 74 reports * 23.4 min = 1,732/60 min = 28.9 hours Average prisoner transport time = 3.3 hours 100 CFS generate 3.4 arrests with an average transport time of 1.12 hours = 91 CFS * .034 (Tideland CFS generating arrests) = 3 arrests * 1.12 hours = 3.36 hours = 3.4 hours TOTAL CFS TIME: 97.6 hours PAGE 4 9-/r ATTACHMENT 1: POLICE SERVICES - MULTI YEAR AGREEMENT BASED ON FY1992-93 DATA UNLESS OTHERWISE NOTED PART II: SUPPORT STAFF NEEDED The support staff ratio represents the number of non-beat officer staff (other sworn staff such as investigators, watch conunanders, etc. and non-sworn staff such as dispatchers) that are needed within the police department to support one beat officer. As detailed below, the department-wide support staff ratio for FY 1992-93 was 2.17. The City and District have, however, agreed to use a lower, negotiated factor of 1.1 support staff per beat officer for purposes of this agreement. Thus, for 1.68 peace officers needed, 1.85 support staff are needed. (1.68 * 1.1 = 1.85). SUPPORT STAFF NEEDED Position Ratio per Patrol Officer Lieutenants/Sergeants/Agents conununity Service Officers Dispatchers (Conun Operators) Auxiliary Services* Support Services* Investigations* TOTAL 70/70 = 11/70 = 26/70 = 9/70 = 23.5/70 = 12/70 = 1.00 .16 .37 .13 .34 .17 2.17 *The numbers are less than the budgeted positions for that division to avoid double counting of certain positions previously counted, such as Agent, Dispatcher, and Lieutenant. PAGE 5 '1'/1 EXHIBIT V: ATTACHMENT 1: POLICE SERVICES - MULTI YEAR AGREEMENT BASED ON FY1992-93 DATA UNLESS OTHERWISE NOTED PART III: PEACE OFFICER AND SUPPORT STAFF COST CALCULATIONS A. Beat Officer (Peace Officer) Direct Costs 1. Salary Budgeted salaries for budgeted number of officers in Uniform Patrol Division/nUmber of officers = $3,087,250/70 = $44.104/officer 2. Benefits Budgeted funds in Employee Benefit Plan account of Uniform Patrol Division/total number of positions = $571,900/131 = $4.366 3 . Medicare Budgeted funds in Medicare account of Uniform Patrol Division/total number of positions = $42,960/131 = $328 4. Bilingual Pay Budgeted funds in Differential account for bilingual pay for POA (Police Officer Association) members = $16,800/97 (number of POA members in Uniform Patrol Division, which includes 70 officers, 12 agents, 10 sergeants and 5 lieutenants) = $173 5. Uniform Allowance Per POA's Memorandum of Understanding (MOU), each officer receives $200 allowance = $200 6. Retirement (PERS) Per Fringe Benefit Calculation included in the Budget Manual for staff, retirement for police officers = salary x .19063 + $24 Survivor's Benefit = $44,104 x .19063 = $8,408 + $24 = $8.432 7 . Overtime Budgeted funds in Overtime account in the Uniform Patrol Division/nUmber of employees budgeted = $426,000/131 = $3.252 PAGE 6 9 -.2.1/ 8. Education Pay Budgeted funds in the Differential Account of the Uniform Patrol Division for education pay = 30 POA members @ $40 per pay period and 10 POA members @ $80 per pay period = (30 x 40 x 26.0893) + (10 x 80 x 26.0893) = $31,310 + $20,870 = $52,180/97 POA members = $538 9. Worker's Compensation Budgeted funds in Worker's Comp account of the Uniform Patrol Division/number of employees = $255,180/131 = $1. 948 TOTAL = $63,341 TOTAL PEACE OFFXCER PERSONNEL COST = $63,341 B. Non-Personnel Officer Costs 1. Training Auxiliary Services Division budgets all officer training in Training account = $550/officer 2. Vehicles Per the City'S Vehicle Replacement Schedule, all pOlice pursuit vehicles are replaced every two years. Per the Police Department's Principal Management Assistant, $8,300 per year per vehicle is budgeted in the Equipment Replacement account of the Uniform Patrol budget. Because there are three shifts, there is one vehicle for every three officers (shifts). $8,300/3 = $2.767 3. Ammunition Auxiliary Services Division budgets all ammunition costs for officers = $130/officer 4. Miscellaneous Supplies other Commodities account of Uniform Patrol budget = $6,700/(97 POA + 6 Community Service Officers) = ~. TOTAL NON-PERSONNEL PEACE OFFXCER COST = $3,512 TOTAL PEACE OFFXCER COST = $66.853 PAGE 7 9",2./ C. support Staff Cost Approved Police Department Budget for Employee Services = $14,102,997 Number of Beat Officers = 70 Total Beat Officer Cost = 70 x $63,341 = $4,433,870 $14,102,997 - $ 4.433.870 $ 9,669,127 Number of Support Staff = 234.50 budgeted positions - 70 officers = 164.50 Support Staff = Average support staff cost = $9,669,127/164.50 = $58.779 TOTAL SUPPORT STAFF PERSONNEL COST = $58,779 D. Non-Personnel support Staff Costs Approved Police Department Budget for Supplies and Services = $1,666,820 Average Non-Personnel Officer Cost = $3,512 Number of Beat Officers = 70 Total Beat Officer Cost = 70 x $3,512 = $245,840 Support Staff = $1,666,820 - $ 245.840 $1,420,980 Number of Support Staff = 234.50 budgeted positions - 70 officers = 164.50 Average support staff cost = $1,420,980/164.50 = $8.638 TOTAL NON-PERSONNEL SUPPORT STAFF COST = $8,638 TOTAL SUPPORT STAFF COST = $67.417 PAGE 8 9~';J- EXHIBIT VI FY 92-93 CITY OF C H U L A V I l T A INDIRECT COST RATE MAJOR GaP/ACTIVITY INDIRECT DIRECT CQtlENTS ----------..- ...--------- ......-.........._.. ---..........--........--......-.. COHHUIIITY PROMOTlOH 522,200 IDS & CQtlISSIOHS 552,350 CITY ATTORNEY 590,000 5615,620 Ind: Other Speelollzed Legol Svo_ Dlr: E""loyee lvs. plus direct s&S. CITY CLERK 1214,180 178,900 Dlr: City Clerk only CITY lDJIICIL 171,010 1247,510 ADMINISTRATION 11,071,226 1152,124 Dir: City Monoger only MANAGEMENT SVS_ S',063,96O PERSONNEL 1853,391 178,849 Dlr: Risk Manager only COMMUNITY DEVELOPMENT '1,121,390 FINANCE 11,250,633 5113,917 Dfr: Ffnence Director only PLANNING 11,800,680 INSURANCE 5607,538 NOH-DEPARTMENTAL 1313,640 1150,060 Ind: ludget less direct portion Other Refunds, end PERS Credit POLICE 114,101,340 FIRE 56,365,830 BUILDING & HOUSING 1160,823 51,118,_ Ind: Communi.etions division ,flI//ENGINEERlNG 11,261,330 17,362,630 Ind: Custodiel/Maintenance divisions PARK & RECREATIOH 13,531,873 liBRARY 12,201,610 PARKING METERS 1258,200 BAY FRONT CONSERVANCY 1255,850 -----....-----...... --....--..------.... SUB TOTALS 17,032,283 139,555,267 BASE INDIRECT COST RATE: 17,032,283 I 139,555,267 . 17.77837X less: PERS Credit of 11,261,170 (1190,371) (11,070,799) 16,841,912 I 138,484,468 s 17 . 77837X Unless otherwise noted, direct costs represent depertlllent ..terin .nd ..ages and indirect costs represent the overheec:f deperttents' budgets less ...,ipnent repl-=-nt, capitol outloy end O"y Identified direct portion. PAGE 9 7'-2;> EXHIBIT VII ATTACHMENT 2: FIRE SERVICES - MULTI YEAR AGREEMENT BASED ON FY1992-93 DATA UNLESS OTHERWISE NOTED PART II: FIRE COMPANY COST CALCULATIONS Annual operating costs for one fire company A. Fire Personnel Costs Fire Suppression Division has budgeted 21 captains, 24 Engineers and 32 Firefighters. Staffing at 6 stations = * stations #2-4, 6 = 2 Captains, 3 Engineers and 3 Firefighters = 8 x 3 shifts = 24 1 Captain, 1 Engineer and 1 Firefighter x 4 stations x 3 shifts = 36 1 Captain, 1 Engineer and 2 Firefighters = 4 x 3 shifts = 12 * station #1 = * station #5 = * Total = 72 However, 77 positions are budgeted. There are 5 extra firefighters to ensure that there is round-the-clock staffing at all times at all stations. 5/72 = .0694 which represents the Full staffing Factor. Therefore, to account for this Factor, station #1 has 24 x 1.0694 = 25.67 positions, or 6 captains, 9 Engineers and 10.67 Firefighters. station #1 with two fire companies: 1. Salary Salaries = Budgeted funds for the position/# of people in position = 6 Captains = $1,126,380/21 = $53,637 x 6 = $321. 823 $1,100,860/24 = $45,869 x 9 = $412.821 9 Engineers = 10.67 Firefighters= $1,262,370/32 = $39,449 x 10.67 = $420.921 Total = $1.155.565 PAGE 10 9',;,t( 2. Benefits Benefits budgeted less the benefits for the three Battalion Chiefs budgeted here, as per the Fringe Benefit Calculation = $336,800 - (3 x $6,060) = $336,800 - $18,180 = $318,620/77 positions = $4,138 x 25.67 positions = $106.222 3 . Medicare Medicare budgeted/positions budgeted = $15,090/80 = $189 x 25.67 = $4.852 4. Bilingual Pay Bilingual Pay budgeted per Fire's (lAFF) Memorandum of Understanding (MOU)/lAFF positions = $7,200/77 = $94 x 25.67 = $2.413 5. Uniform Allowance Per lAFF's MOU, each member receives $200 = $200 x 25.67 = $5.134 6. Retirement (PERS) Per Fringe Benefit Calculation, retirement for lAFF = salary x .19063 + $24 Survivor's Benefit = $1,155,565 x .19063 = $220,285 + (24 x 25.67 = 616) = $220.901 7. Overtime Overtime budgeted - Battalion Chief overtime - Montgomery station overtime/lAFF positions = $263,340 - ($7,305 + $7,442 = $14,747) - $20,313/77 = $228,280/77 = $2,965 x 25.67 = $76.103 8. Worker's Compensation Amount budgeted/number of positions = $390,650/80 = $4,883 x 25.67 = $125.347 TOTAL PERSONNEL COSTS = $1,696,537/2 companies = $848.269 B. Non-Personnel ,Costs 1. Supplies and Other Services Total Supplies and Services budgeted in Fire Suppression budget/# fire companies = $338,145/7 = $48.306 PAGE 11 9-.25 C. Support salaries and Benefits .5 Principal Mgmt Asst = 1 Fire Chief = 3 Battalion Chiefs = 1 Training captain = 1.3 Clerical = Retirement = Benefits = Medicare = Worker's Compensation = PARS = Differential Pay = (Training Captain) TOTAL $587,588/7 companies = TOTAL = Portion allocated to non tax-paying properties (negotiated factor) Annual value of fire protection and emergency medical services Citywide overhead (.1777837) TOTAL FIRE SERVICES $ 29,370* $ 93,960 $217 , 100 $ 53,990 $ 42,630** $ 91,733 $ 38,460 $ 1,086 $ 14,879 $ 330 $ 4.050 $587,588 $83.941 $848,269 $ 48,306 S 83.941 $980,516 ~ .07 $ 68,636 S 12.202 $ 80,838 *A 1.0 Principal Management Assistant is budgeted; however, this position was not filled, so we continued to use the .5 management assistant that is shared with Police. **A 1.8 Clerical position was budgeted in FY1991-92. However, .5 of it was transferred to Disaster Preparedness. PAGE 12 9 ,. .,2 (, . . ' , supporting Documentation for support Benefits-Fire Services Retirement .5 Principal Mqmnt Asst 1 Fire Chief 3 Battalion Chiefs 1 Training captain 1.3 Clerical TOTAL .14532 x $29,370 = $4,268 .14532 X $93,960 = $13,654 .26063 x $217,100 = $56,583 .19063 x $53,990 = $10,292 .14532 x $47,730 = $6,936 $91,733 Benefits Benefits account in Administration - .5 Principal Management Assistant + 3 Battalion Chiefs Benefits in Fire Suppression Budget + Training captain Benefits from Training Budget = $19,830 - $3,030 + ($6,060 x 3) + $3,480 = $38,460 Medicare Medicare account in Administration - Medicare for .5 Principal Management Assistant + Medicare for 3 Battalion Chiefs + Medicare for Training captain = $900 - $380 + ($15,090/80 x 3) + $0 = $1,086 Worker's Compensation Worker's Comp account in Administration - Worker's Comp for .5 Principal Management Assistant + Worker's Comp for 3 Battalion Chiefs + Worker's Comp for Training Captain = $390 - $160 + ($390,650/80 x 3) + $0 = $14,879 PAGE 13 9-.2 7 COUNCIL AGENDA STATEMENT Item J {) Meeting Date 7/12/94 C. R I. I ?557A . A . h h C' f eso uUon pprovmg an greement Wit t e lty 0 National City for fire dispatching services. Resolution / 75.J'~pproving an Agreement with the City of Imperial Beach for fire dispatching services. Resolution /7 f'f'9 Approving an Agreement with the Bonita- Sunnyside Fire Protection District for fire dispatching services. Chief of pOlici;'t ~ Fire Chief ?sl,r t, 1cK1 ~. City Manager~ U . (4/5ths Vote: Yes_NoX) ITEM TITLE: A. B. SUBMITTED BY: REVIEWED BY: Chula Vista currently has agreements with the cities of National City and Imperial Beach to provide fire dispatch services. The City also provides fire dispatch services for the Bonita- Sunnyside Fire Protection District under the auspices of a 1989 automatic-aid agreement. The proposed agreements, which are virtually identical, replace the existing dispatch contracts and the dispatch-related components of the 1989 Bonita-Sunnyside automatic-aid agreement. The proposed agreements allocate the costs of providing fire dispatch services to each of the participating agencies. The proposed agreements have no operational impact, authorize the City Manager to adjust the related fees on an annual basis, and minimize the potential for City liability associated with the provision of fire dispatch services. RECOMMENDATION: That the City Council approve the Resolutions. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: National City and Imperial Beach Chula Vista provides fire and emergency medical dispatch services for the cities of National City and Imperial Beach, and the Bonita-Sunnyside Fire Protection District. Chula Vista's fire dispatch center, known as South Bay Fire Dispatch, is an element of the Police Department's Dispatch Center. In 1992, South Bay Fire dispatched 13,273 calls for fire department services, nearly 70% of which were for emergency medical aid. Chula Vista has been providing fire dispatch services for the cities of National City and Imperial /i/"j Page 2, Item: I() Meeting Date: 7/12/94 Beach since the late 1970s. These services have been provided under a series of Council- approved agreements. The existing agreements with Imperial Beach and National City, which were approved by Council on August 13, 1991, call for fees based upon a percentage of selected dispatch center staff costs applied to the proportion of calls for service dispatched for each agency. Additionally, the existing contracts provide for such fees to be updated by the City Manager annually to reflect increasing employee services expenses. In FY 1992-93, the dispatch agreements with National City and Imperial Beach generated approximately $72,000 in General Fund revenue. The City also has automatic-aid agreements with both National City and Imperial Beach. Bonita-Sunnyside Fire Protection District Chula Vista currently provides fire dispatch services for the Bonita-Sunnyside Fire Protection District (District) under an automatic-aid agreement approved by Council on October 17, 1989. The District includes much of the unincorporated territory bordered by State Route 54 on the north, Chula Vista on the south, and Chula Vista and San Diego on the east. In addition to conventional provisions for automatic-aid coverage, the agreement specifies payments to be made by the City to the District through FY 1991-92 and stipulates that the City provide fire dispatching services at no cost to the District until June 30, 1992. History of the City's Automatic-Aid Agreements with the District. In 1979, the City of Chula Vista and the Bonita-Sunnyside Fire Protection District entered into the initial automatic-aid agreement. The purpose of the initial automatic-aid agreement was to the reconcile the increasing urbanization of the region served by the City and District. Regional urbanization had two significant impacts with respect to the provision of fIre protection services. First, the demand for fire protection and emergency services increased over 232% in the decade between 1979 and 1989. The City's and District's initial agreement, along with the subsequent agreements that replaced it, helped to ensure that, in the effort to maintain an appropriate level of fire protection service, the region's existing fire service resources were used as efficiently as possible. The cooperative effort to maintain appropriate levels of fire service throughout the region continues today. City Fire Stations #4 and #6 and District Station #1 all have "first-in" response areas that include territories of both the City and the District. Additionally, the District and City Fire Departments continually strive to improve operational efficiencies through joint fire, emergency medical service and disaster planning and training exercises. Another significant impact of urbanization, and other factors, was contemplated by the 1979 agreement: the annexation of District territories by the City. Annexations of District territory by the City reduced the District's property tax revenue base, therefore, placing a financial burden upon the District. In order to mitigate the effects of the property tax losses associated with City annexations of District territory, the initial automatic-aid agreement provided for the City to pay the District for fire protection services rendered by the District within the City of Chula Vista. These payments continued under the auspices of amended automatic-aid agreements until FY /&~:l. Page 3, Item: ;t! Meeting Date: 7/12/94 1988-89. The initial 1979 agreement called for payments of $24,000 per year, and by FY 1988- 89 the annual payment was $49,400. The final component of the initial automatic-aid agreement, and each of the amended agreements that were executed subsequent to 1979, was a stipulation that the City would provide fire dispatching services at no cost to the District. Phase-Out of Payments to the District and No Cost Fire Dispatch. In June of 1989, the City Council directed staff to enter into negotiations with the District to develop a phase-out of the automatic-aid agreement's payment for services and no cost fire dispatch provisions. In November 1989, Council approved a new automatic-aid agreement which included a three-year phase out of the payment for services provision. The 1989 agreement required the City to pay the District $35,000 in FY 1989-90, $20,000 in FY 1990-91 and $5,000 in FY 1991-92. Additionally, the 1989 agreement enumerates the conditions under which the District remains entitled to free fire dispatching services. Specifically, the 1989 agreement states that after June 30, 1992, the District shall be entitled to no cost fire dispatch services only in the event all three of the following specific conditions are met: 1) the planned City fire Station in Salt Creek is not in operation; and 2) the Bonita-Meadows Estates annexes to the City; and 3) the District provides fire protection into the Bonita-Meadows Estates area. Staff from the City and District concur that, upon the opening of Fire Station #6, the agreement obliges the District to begin paying for fire dispatch service (Station 6 opened on May 29, 1993). The City opened Station 6 in the Eastlake Development in lieu of the planned Salt Creek station referenced in the agreement. Fire Station 6, while not in the Salt Creek development, replaces the "planned Salt Creek station" because it meets the need contemplated by the existing agreement: adding an engine company near the eastern end of the District. Moreover, Bonita Meadows Estates has not annexed into the City of Chula Vista, and while the District does provide fire protection services into the Bonita-Meadows area, it is still a territory of the District. The District's Board has agreed that it is appropriate to begin payment for dispatching services. The proposed agreement provides for such payments by the District at rates calculated using the same basis as the other agencies for which the City provides fire dispatching services. Based upon the existing Automatic-Aid Agreement, the District owes the City remuneration for dispatching services provided in FY 1992-93 and FY 1993-94. Such charges amount to $11,019 for FY 1992- 93 and $10,419 for FY 1993-94. The City and District engaged in good-faith negotiations for over eighteen months on the proposed Joint Dispatching Agreement. This process became protracted as a result of the District's misinterpretation of the provisions of the previously agreed-to Automatic Aid Agreement relating to commencement of payment, by the District, for dispatching services provided. Specifically, J/)"3 Page 4, Item: /0 Meeting Date: 7/12/94 the District believed that the three conditions referenced above were independent of eac~ther and, therefore, if one of the conditions was met, then the District would be entitled to free dispatching. However, the language clearly states that only if all three conditions are met would the District receive dispatching services at no cost. At the conclusion of the negotiations, while the District agreed with the City's interpretation of the language, they requested that the City consider a partial waiver of the first year fees, to somewhat mitigate the amount of funds owed to the City. In an effort to maintain the exceptional working relationship with the District, and to "close the deal" and therefore move ahead, City staff agreed to propose a waiver of 50% of the first year fees, amounting to a credit of $5509.50. It is staff's recommendation that this waiver be approved, and it has been included in the Fiscal Impact cited at the end of this report. Proposed Fire Dispatch Agreements The proposed agreements described below do not affect the automatic-aid provisions of the City's existing agreements with the District or either city, and therefore, have no impact upon the operations of Chula Vista, National City, Imperial Beach or the Bonita-Sunnyside Fire Protection District. Each of the proposed agreements include the following provisions. o Term: The agreements are for a term of five (5) years. o Termination for Convenience: The agreements may be terminated for convenience by either party to the agreement with ninety (90) days written notice. o Services Provided by Chula Vista: Chula Vista has agreed to broadcast the facts of the call for service, the type of service requested (i.e., fire or emergency medical), the location of the call and other relevant information related by the requesting party. o Duties of the Other Agencies: The other agencies have agreed to own, operate and maintain in good working order the radio equipment necessary to receive dispatch information broadcast by the City. Additionally, the other agencies have agreed to adequately staff, supervise, train, equip, supply and maintain the equipment necessary to respond to calls for service dispatched by the City. o Service Coordination: All parties agree to exchange information and meet as necessary to effect the agreed upon services. o Payment for Services and Equipment: The other agencies agree to make quarterly payments to the City based upon each jurisdiction's proportion of total calls for service dispatched. The quarterly cost calculation reflects direct labor costs related to providing fire dispatch services proportionally spread to each jurisdiction plus appropriate full cost recovery (FCR) program charges (see Attachment A). Using direct salaries plus appropriate full IIP,i Page 5, Item: Jf) Meeting Date: 7/12/94 cost recovery program charges as the basis for each jurisdiction's fees, the quarterly cost calculations automatically reflect changing personnel costs and associated non-personnel expenses. Each agency's costs are contractually adjusted on an annual basis. Conclusion The staffrecommendation will standardize and improve the City's fire dispatch relationships with each of the participating agencies. The recommended agreements do not affect existing automatic- aid procedures and result in no operational impact upon Chula Vista, either participating city, or the District. The recommended agreements will provide for an equitable distribution of the true costs related to providing fire and emergency medical dispatch services among all agencies dispatched by South Bay Fire. Moreover, the fees associated with these agreements will be updated annually through the City's Full Cost Recovery Program to reflect the actual costs of providing such services. Using this methodology, specific Council action to revise fees will not be required. Finally, as compared to the existing fire dispatch and automatic-aid agreements, the recommended agreements reduce the City's liability exposure through the specific delineation of each parties duties and by employing the most advantageous indemnification mechanism applicable given the types of services to be provided. FISCAL IMPACT: Fire dispatch revenue for FY 1994-95 is projected to be $93,850 for fire dispatching services provided to all three contracting jurisdictions in FY 1994-95. Additionally, the District will remit a total of $15,928.50 for fire dispatching services rendered in FY 1992-93 and FY 1993-94. Total FY 1994-95 fire dispatch revenue is estimated at $109,778.50 (which is in excess of the budgeted estimate of $100,000 for this year). )&.5' Attachment A Quarterly Cost Calculation Fire Dispatching Services Contract Calculations FY 1994-95 3.0 Communications Operators I $90,960 Fire Dispatch Costs Including FCR Program: $233,214 Fire Incidents Dispatched by South Bay Fire in 1993: 13,722 Fire Incidents Dispatched for National City -- 1992: 3288 Proportion of Incidents Dispatched: 23.96% Chula Vista Quarterly Compensation: $13,970 Annual Cost of Fire Dispatch Services: $55,882 Fire Incidents Dispatched for Imperial Beach -- 1993: 1652 Proportion of Incidents Dispatched: 12.04% Chula Vista Quarterly Compensation: $7,019 Annual Cost of Fire Dispatch Services: $28,077 Fire Incidents Dispatched for Bonita F.P.D. -- 1993: 582 Proportion of Incidents Dispatched: 4.24% Chula Vista Quarterly Compensation: $2,473 Annual Cost of Fire Dispatch Services: $9,891 Total Fire Dispatch Revenue: $93,850 /tJ~ ~ RESOLUTION NO. J7557 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve an Agreement between the city of Chula vista and the city of National city for fire dispatching services, 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 be, and he is hereby authorized and direc ed to execute said Amendment for and on behalf of the City of Ch a vista. F:\home\attorney\NCfiredp by Presented by Bruce M. Boogaar City Attorney Richard P. Emerson Police Chief /h?-j /IM-Z JOINT DISPATCHING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY. THIS JOINT DISPATCHING AGREEMENT is made and entered into on July 1, 1993, by and between THE CITY OF CHULA VISTA (hereinafter referred to as "Chu1a Vista") and THE CITY OF NATIONAL CITY (hereinafter referred to as "National City") . Chula Vista and National City may hereinafter be collectively referred to as the "Parties." This Agreement is made in reference to the following recitals: RECITALS WHEREAS, the Parties are empowered by Government Code ~ 6500 et seq. to provide fire control services; and, WHEREAS, radio dispatch services and facilities are necessary to performing such fire control services; and, WHEREAS, National City desires to contract with Chula Vista for the performance of National City's fire dispatching services by and through Chu1a Vista's Police and Fire Communications Center. NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as follows: I. Powers. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, Sections 6500 et seq. The Parties represent and warrant that it possesses the powers referred to herein. II. Pur.pose The purpose of this Agreement is to exercise the Parties' powers jointly to provide a single dispatch system to serve Chula Vista and National City. III. Term. This Agreement shall become effective upon execution by the Parties and shall continue in full force and effect for a period of (5) five years. The services to be provided under this Agreement shall commence and payment made on October 1, 1993. fire2.ib July 7, 1993 CV - 1B Dispatch Services Agreement Page 1 ItJ/J .::? A. Termination for Convenience. Notwithstanding the foregoing term, the Parties may terminate this Agreement at any time and for any reason, by giving specific written notice and specifying the effective date thereof, at least (90) ninety days before the effective date of such termination. The notice must set forth the reason for requesting such termination, and the Parties agree to meet at least once during the (90) ninety day period to attempt to resolve any issues contained in the notice in a manner mutually satisfactory to the Parties. If the Agreement is terminated by either Party, City shall be entitled to receive just and equitable compensation for any services rendered prior to the effective date of such termination. IV. Services to be Provided by Chula Vista. Chula Vista shall cause its Communications Center employees to broadcast on Chula Vista's assigned fire dispatch radio frequencies requests received by telephone, either through the 9-1-1 System or directly on telephone number 691-5151, for fire protection and/or emergency medical services to locations within the territorial limits of National City. Such broadcast shall include the fact of the request, whether the request is for fire protection or emergency medical services, the location at which the service is requested, and other relevant information related by the requesting party. V. Duties of National City. National City shall own, operate and maintain in good working order, the radio communication equipment necessary to receive dispatch information broadcast by Chula Vista. Said radio communication equipment shall remain properly tuned to Chula Vista's assigned fire dispatch radio frequencies and shall be continuously monitored twenty-four (24) hours per day, seven (7) days a week. As a duty owed exclusively to Chula Vista, and not for the benefit of any third party, National City shall adequately staff, supervise, train, equip, supply and maintain the equipment necessary to respond to all calls dispatched by Chula Vista. VI. Service Coordination A. Information. The Parties agree, to the maximum extent reasonably possible, to timely share information effecting the services provided herein. B. Meetings. The Parties agree to meet as needed for the purpose of considering information effecting services provided herein, including without limitation, procedures, operations, equipment performance and improving service. The Parties further agree to encourage other fire agencies in Zone 5 (Imperial Beach, Bonita-Sunnyside, and Coronado) to attend such meetings. fire2.ib July 7, 1993 CV - IB Dispatch Services Agreement Page 2 IP/j-i VII. Payment for Services and Equipment. 7.1 Ouarterly Charge. For each quarter year during the term of this Agreement, commencing on October 1, 1993, and continuing thereafter of each subsequent quarter year (January 1, April 1, and July 1), National City agrees to pay to Chula Vista for the preceding quarter year of dispatch service, according to the following formula: 1. National City's Portion of Current Quarter's Direct Labor. The total salary cost for 3.0 Communication Operator I positions budgeted for fire dispatching services in Chula Visfa's account number 1000-1050-5101 ("Salaries") for the current fiscal quarter shall be multiplied times a fraction the denominator of which is total dispatch calls for the preceding calendar year, and the numerator of which is the dispatch calls for the preceding calendar year for service to the National City territory. The product of that calculation shall be known as "National City's Portion of Current Quarter's Direct Labor." 2. Qverhead Factor. National City's Proportion of Current Quarter's Direct Labor shall then be multiplied by then current applicable Chula Vista Full Cost Recovery Factor, or a proportion thereof, as determined to be appropriate by Chula Vista as same may be set by or under the direction the Chula Vista's Finance Director and amended from time to time. The current applicable Full Cost Recovery Factor is 2.56393. 3. Quarterly Compensation. The product of that calculation shall be the "Chula Vista's Quarterly Compensation for Dispatch Services". 7.2 Ouarterly Billing. Chula Vista shall bill National City for Chula Vista's Quarterly Compensation for Dispatch Services within 30 days after the end of the fiscal quarter for which compensation is due under the provisions of this agreement, and National City shall pay said billing within 30 days after receiving Chula Vista's billing. 7.3 Equipment. In the event that Chula Vista is required to obtain special equipment and incur related expenses necessary to dispatch to National City, National City shall pay Chula Vista separately for installing and maintaining said special equipment. 7.4 Disputed Charges. In the event National City disagrees with a quarterly billing, or any other charge herein authorized, it may appeal said dispute to Chula Vista's Manager, or his designee, whose determination, made in good faith, shall be final. 7.5 Late Pa'yments. Regardless of whether National City disputes any charge, a failure to make a timely payment will entitle Chula Vista to the payment of interest at a rate of 10% annually plus the cost of collecting such payments and any accrued interest, including, without limitation, attorneys' fees. fire2.ib July 7, 1993 CV - 15 Dispatch Services Agreement .page 3 IP/J -,5" VIII. Indemnity. Each party agrees to defend, indemnify and hold the other, their officers and employees harmless from any and all liability, claims, costs (including reasonable attorneys' fees), damages, expenses and causes of action in any way resulting from or arising out of dispatch services or the response of a party thereto, except to the extent of the negligence or intentional acts, errors or omissions of the other party or of their officers or employees. IX. Notices. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the provider of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. Chula Vista: Fire Chief, Chula Vista of Chula Vista 447 F Street Chula Vista, CA 91910 with copy to: Police Chief, City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 National City: Fire Chief, City of National City 333 East 16th St. National City, CA. 91950 X. Construction of Agreement. A. Caotions And Headings. The captions and headings in this Agreement are solely for purposes of convenience, are 'not part of this Agreement, and may not be used to interpret this Agreement. B. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. C. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. fire2.ib July 7, 1993 CV - IB Dispatch Services Agreement Page 4 /I//J.t D. Entire A!!reement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be binding. E. Prior A!!reements Superseded. This Agreement supersedes any prior understandings, or written or oral agreements, between the Parties with respect to the subject matter of this Agreement to the extent that any such understandings or agreements conflict with any provision hereof. F. Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. G. Authority. Chula Vista and National City represent that the individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. H. Best Efforts And Coooeration. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. I. Waiver. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. XI. Governin!! Law. This Agreement has been executed in and shall be governed by the laws of the State of California. (End of Page. Next Page is Signature Page.) fire2.ib July 7, 1993 CV - IB Dispatch Services Agreement Page 5 /LJA' 7 Signature Page to JOINT DISPATCHING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF NATIONAL CITY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above. CITY OF CHULA VISTA Dated By: Tim Nader, its Mayor Attest Beverly Authelet City Cl k Bruce M. Boogaard City Attorney CITY OF NATIONAL CITY Dated: 7- J 3- tt'3 By: . AtL . . ,..u.t (~./~."";) George Waters, Its Mayor Attest: , City Clerk Approved as to form: George H. Eiser III, City Attorney fire2.ib July 7, 1993 CV - IB Dispatch Services Agreement Page 6 /tJ.I9. <6 RESOLUTION NO. / ?55Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve an Agreement between the City of Chula vista and the city of Imperial Beach for fire dispatching services, 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). Presented by ved a~to the City of ed to execute a vista. BE IT FURTHER RESOLVED that the Mayor Chula vista be, and he is hereby authorized and dir c said Amendment for and on behalf of t city of C Richard P. Emerson Police Chief by Bruce M. Boogaar city Attorney F:\home\attorney\IBfiredp /tJ!3 -j j;()I3-L JOINT DISPATCHING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH THIS JOINT DISPATCHING AGREEMENT is made and entered into on 1993, by and between THE CITY OF CHULA VISTA (hereinafter referred to as "Chula Vista") and THE CITY OF IMPERIAL BEACH (hereinafter referred to as "Imperial Beach") . Chula Vista and Imperial Beach may hereinafter be collectively referred to as the "Parties." This Agreement is made in reference to the following recitals: RECITALS WHEREAS, the Parties are empowered by Government Code ~ 6500 et seq. to provide fire control services; and, WHEREAS, radio dispatch services and facilities are necessary to performing such fire control services; and, WHEREAS, Imperial Beach desires to contract with Chula Vista for the performance of Imperial Beach's emergency fire dispatching services by Chula Vista through Chula Vista's Fire Department's Communication Center. NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as follows: I. Powers. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title I of the Government Code of the State of California, Sections 6500 et seq. The Parties represent and warrant that it possesses the powers referred to herein. II. PUq>Ose The purpose of this Agreement is to exercise the Parties' powers jointly to provide a single dispatch system to serve Chula Vista and Imperial Beach. ill. Irnn. This Agreement shall become effective upon execution by the Parties and shall continue in full force and effect for a period of (5) five years. The services to be provided under this Agreement shall commence and payment made on October 1, 1993. fire2.ib August 5, 1993 CV - IB Dispatch Services Agreement Page 1 /~8-J A. Termination for Convenience. Notwithstanding the foregoing term, the Parties may terminate this Agreement at any time and for any reason, by giving specific written notice and specifying the effective date thereof, at least (90) ninety days before the effective date of such termination. The notice must set forth the reason for requesting such termination, and the Parties agree to meet at least once during the (90) ninety day period to attempt to resolve any issues contained in the notice in a manner mutually satisfactory to the Parties. If the Agreement is terminated by either Party, City shall be entitled to receive just and equitable compensation for any services rendered prior to the effective date of such termination. IV. Services to be Provided by Chula Vista. Chula Vista shall provide, through its Fire Department's Communication Center, dispatching services for Imperial Beach. Such services shall include the notification for the dispatch of fue/ambulance service, the appropriate location and other relevant information for responses by Imperial Beach to all areas within the service area of Imperial Beach. V. Duties of Imperial Beach. Imperial Beach shall own, operate and maintain in good working order, the necessary radio communication equipment properly tuned to the broadcasting signal used by Chula Vista for dispatching, and continuously monitored twenty-four (24) hours per day, seven (7) days a week. As a duty owed exclusively to Chula Vista, and not for the benefit of any third party, Imperial Beach shall adequately staff, supervise, train, equip, supply and maintain the equipment necessary to respond to all calls dispatched by Chula Vista. VI. Service Coordination A. Information. The Parties agree, to the maximum extent reasonably possible, to timely share information effecting the services provided herein. B. Meetim!s. The Parties agree to meet as needed for the purpose of considering information effecting services provided herein, including without limitation, procedures, operations, equipment performance and improving service. The Parties further agree to encourage other fire agencies in Zone 5 (National City, Bonita-Sunnyside, and Coronado) to attend such meetings. VII. Payment for Services and Equioment. fire2.ib August 5, 1993 CV - 1B Dispatch Services Agreement Page 2 /1/8.1 6.1 Quarterly Char~e. For each quarter year during the term of this Agreement, commencing on October I, 1993, and continuing thereafter of each subsequent quarter year (January I, April 1, and July I), Imperial Beach agrees to pay to Chu1a Vista for the preceding quarter year of dispatch service, according to the following formula: 1. Imperial Beach's Portion of Current Quarter's Direct Labor. The total salary cost for 3 0 C.ommunication Ooerator I DOsitions budgeted for fire dispatching services in Chu1a Vista's account numbers 1000-1050-5101 ("Salaries") for the current fiscal quarter shall be multiplied times a fraction the denominator of which is total dispatch calls for the preceding fiscal year, and the numerator of which is the dispatch calls for the preceding fiscal years for service to the Imperial Beach territory. The product of that calculation shall be known as the "Imperial Beach's Portion of Current Quarter's Direct Labor." 2. Overhead Factor. Imperial Beach's Proportion of Current Quarter's Direct Labor shall then be multiplied by then current applicable Chula Vista Full Cost Recovery Factor, or a proportion thereof, as determined to be appropriate by Chula Vista as same may be set by or under the direction the Chula Vista's Finance Director and amended from time to time. The current applicable Full Cost Recovery Factor is 2.56393. 3. Quarterly Comoensation. The product of that calculation shall be the "Chula Vista's Quarterly Compensation for Dispatch Services". 6.2 Quarterly Billinl1. Chula Vista shall bill Imperial Beach for Chula Vista's Quarterly Compensation for Dispatch Services within 30 days after the end of the fiscal quarter for which compensation is due under the provisions of this agreement, and Imperial Beach shall pay said billing within 30 days after receiving Chula Vista's billing. 6.4 Eq)Jipment. In the event that Chula Vista is required to obtain special equipment and incur related expenses necessary to dispatch to Imperial Beach, Imperial Beach shall pay Chula Vista separately for installing and maintaining said special equipment. 6.5 DisDuted Char~es. In the event Imperial Beach disagrees with a quarterly billing, or any other charge herein authorized, it may appeal said dispute to Chula Vista's Manager, or his designee, whose determination, made in good faith, shall be final. 6.5 Late Payments. Regardless of whether Imperial Beach disputes any charge, a failure to make a timely payment will entitle Chula Vista to the payment of interest at a rate of 10% annually plus the cost of collecting such payments and any accrued interest, including, without limitation, attorneys' fees. fire2.ib August 5, 1993 CV - IB Dispatch Services Agreement Page 3 IP!J'..s Each party agrees to defend, indemnify and hold the other, their officers and employees harmless from any and all liability , claims, costs (including reasonable attorneys' fees), damages, expenses and causes of action in any way resulting from or arising out of dispatch services or the response of a party thereto, except to the extent of the negligence or intentional acts, errors or omissions of the other party or of their officers or employees. IX. Notices. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the provider of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. Chula Vista: Fire Chief, Chula Vista of Chula Vista 477 F Street Chula Vista, CA 91910 with copy to: Police Chief, Chula Vista of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 Imperial Beach: Fire Chief, Imperial Beach 825 Imperial Beach Blvd. Imperial Beach, CA. 91932 X. Construction of Al!reement. A. ClIPtions And Headinl!s. The captions and headings in this Agreement are solely for purposes of convenience, are not part of this Agreement, and may not be used to interpret this Agreement. B. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. C. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. fire2.ib August 5, 1993 CV - IB Dispatch Services Agreement Page 4 /~a,t D. Entire Al!reement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be binding. E. Prior Al:reements Suoerseded. This Agreement supersedes any prior understandings, or written or oral agreements, between the Parties with respect to the subject matter of this Agreement to the extent that any such understandings or agreements conflict with any provision hereof. F. Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. G. Authority. Chula Vista and Imperial Beach represent that the individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. H. Best Efforts And Coooeration. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. I. Waiver. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. XI. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. (End of Page. Next Page is Signature Page.) fire2.ib August .5, 1993 CV - 1B Dispatch Services Agreement Page 5 /IJ[J"' ') Signature Page to JOINT DISPATCHING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF IMPERIAL BEACH. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above. CITY OF CHULA VISTA Dated By: Tim Nader, its Mayor Attest Beverly Authelet City Clerk Bruce M. Boogaard City Attorney CITY OF IMPERIAL BEACH By: AuAv ~ Mike Bixler, Its Mayor fire2.ib August 5, 1993 CV - IB Dispatch Services Agreement Page 6 /p{],y RESOLUTION NO. J 75.5'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT FOR FIRE DISPATCHING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve an Agreement between the city of Chula vista and the Bonita-sunnyside Fire Protection District for fire dispatching services, 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). F:\horne\attorney\bSfire the city of d to execute vista. BE IT FURTHER RESOLVED that the Mayor of Chula Vista be, and he is hereby authoriz and direc said Amendment for and on behalf of th ity of Ch Presented by Richard P. Emerson Police Chief Bruce M. Boogaar city Attorney /tlc- /me-z JOINT DISPATCIDNG AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT. THIS JOINT DISPATCIDNG AGREEMENT (Agreement) is made and entered into on by and between THE CITY OF CHULA VISTA (hereinafter referred to as "Chula Vista") and THE BONITA- SUNNYSIDE FIRE PROTECTION DISTRICT (hereinafter referred to as "The District") . Chula Vista and The District may hereinafter be collectively referred to as the "Parties." This Agreement is made in reference to the following recitals: RECITALS WHEREAS, the Parties are empowered by Government Code ~ 6500 et seq. to provide fire control services; and, WHEREAS, radio dispatch services and facilities are necessary to performing such fire control services; and, WHEREAS, The District desires to contract with Chula Vista for the performance of The District's fire dispatching services by and through Chula Vista's Police and Fire Communications Center. NOW, THEREFORE, in consideration of their mutual promises, the Parties agree as follows: I. Powers. This Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California, Sections 6500 et seq. The Parties represent and warrant that they possess the powers referred to herein. 11. Purpose The purpose of this Agreement is to exercise the Parties' powers jointly to provide a single dispatch system to serve Chula Vista and The District. III. Term. This Agreement shall become effective upon execution by the Parties and shall continue in full force and effect for a period of (5) five years. A. Termination for Convenience. Notwithstanding the foregoing term, the Parties may terminate this Agreement at any time and for any reason, by giving specific written notice and specifying the effective date thereof, at least (90) ninety days before the effective date of such termination. The notice must set forth the reason for requesting such termination, and the Parties agree to meet at least once during the (90) ninety day period to attempt to resolve any issues contained in the notice in a manner mutually satisfactory to the Parties. If the Agreement is terminated by either Party, City shall be entitled to receive just and equitable compensation for any services rendered prior to the effective date of such termination. /OC-J IV. Services to be Provided by Chula Vista. Chula Vista shall cause its Communications Center employees to broadcast on Chula Vista's assigned fire dispatch radio frequencies requests received by telephone, either through the 9- I -1 System or directly on telephone number 691-5151, for fire protection and/or emergency medical services to locations within the territorial limits of The District as defined by Addendum 1 to this Agreement. Such broadcast shall include the fact of the request, whether the request is for fire protection or emergency medical services, the location at which the service is requested, and other relevant information related by the requesting party. V. Duties of The District. The District shall own, operate and maintain in good working order, radio communication equipment necessary to receive dispatch information broadcast by Chula Vista. Said radio communication equipment shall remain properly tuned to Chula Vista's assigned fire dispatch radio frequencies and shall be continuously monitored twenty-four (24) hours per day, seven (7) days a week. As a duty owed exclusively to Chula Vista, and not for the benefit of any third party, the District shall adequately staff, supervise, train, equip, supply, and maintain the equipment necessary to respond to all calls dispatched by Chula Vista. VI. Service Coordination A. Information. The Parties agree, to the maximum extent reasonably possible, to timely share information effecting the services provided herein. B. Meetins:s. The Parties agree to meet as needed for the purpose of considering information effecting services provided herein, including without limitation, procedures, operations, equipment performance and improving service. The Parties further agree to encourage other fire agencies in Zone 5 (National City, Imperial Beach, and Coronado) to attend such meetings. VII. Payment for Services and Equioment. A. Ouarterly Charge. For each quarter year during the term of this Agreement, the District agrees to pay to Chula Vista for the preceding quarter year of dispatch service, according to the following formula: 1. The District's Portion of Current Ouarter's Direct Labor. The total salary cost for 3.0 Communication Operator I positions budgeted for fire dispatching services in Chula Vista's account number 100-1050-5101 ("Salaries") for the current fiscal quarter shall be multiplied times a fraction the denominator of which is total dispatch calls for the preceding calendar year, and the numerator of which is the dispatch calls for the preceding calendar year for service to the District's territory. The product of that calculation shall be known as "the District's Portion of Current Quarter's Direct Labor." 1&9 c-1' 2. Overhead Factor. The District's Proportion of Current Quarter's Direct Labor shall then be multiplied by then current applicable Chula Vista Full Cost Recovery Factor, or a proportion thereof, as determined to be appropriate by Chula Vista as same may be set by or under the direction the Chula Vista's Finance Director and amended from time to time. The applicable Full Cost Recovery Factor is 2.56393. 3. Ouarterly Comoensation. The product of that calculation shaH be the "Chula Vista's Quarterly Compensation for Dispatch Services". B. Ouarterly Billing. Chula Vista shaH bill The District for Chula Vista's Quarterly Compensation for Dispatch Services within 30 days after the end of the fiscal quarter for which compen- sation is due under the provisions of this agreement, and The District shall pay said billing within 30 days after receiving Chula Vista's billing. C. EQuipment. In the event the District purchases new dispatch, radio or related equipment which makes the City's dispatch equipment inoperable or ineffective and the City is required to obtain equipment and incur related expenses necessary to dispatch to the District pursuant to the terms and conditions of this agreement, the District shall pay City separately for any expenses related to the acquisition, installation and/or maintenance of said equipment, and the integration of said equipment into the City's dispatch and radio system. All fire dispatching equipment changes shall be coordinated in accordance with Section VI of this agreement. D. Disnuted Charges. In the event The District disagrees with a quarterly billing, or any other charge herein authorized, it may appeal said dispute to Chula Vista's Manager, or his designee, whose determination, made in good faith, shall be final. E. Late Payments. Regardless of whether The District disputes any charge, a failure to make a timely payment will entitle Chula Vista to the payment of interest at a rate of 10% annually plus the cost of collecting such payments and any accrued interest, including, without limitation, attorneys' fees. VIII. Indemnity Each party agrees to defend, indemnify and hold the other, their officers, and employees harmless from any and all liability , claims, costs (including reasnnable attorneys' fees), damages, expenses, and causes of action in any way resulting from or arising out of dispatch services or the response of a party thereto, except to the extent of the negligence or intentional acts, errors, or omissions of the other party or of their officers or employees. It}) c ~..>- IX. Notices. All notices and demands shall be given in writing by personal delivery or fint e11t33 ffiail, prepaid postage Pfejlaitl. Notices shall be addressed as appears below for the respective Party; provided that, if any Party gives notice of a change of name or address, notices to the provider of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. Chula Vista: Fire Chief, City of Chula Vista 477 F Street Chula Vista, CA 91910 with copy to: Police Chief, City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 The District: Fire Chief, Bonita-Sunnyside Fire Protection District 4900 Bonita Road Bonita, CA 91902 X. Construction of Agreement. A. Caotions And Headinl!s. The captions and headings in this Agreement are solely for purposes of convenience, are not part of this Agreement, and may not be used to interpret this Agreement. B. Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. C. No Strict Construction. This Agreement shall not be strictly construed against any party hereto. D. Entire Al:reement. This Agreement supersedes any prior agreement and contains the entire agreement of the Parties on the matters covered. No other agreement, statement or promise made by any Party or by any employee, officer or agent of any Party that is not in writing and signed by all Parties shall be binding. E. Prior Al!reements Suoerseded. This Agreement supersedes any prior understandings, or written or oral agreements, between the Parties with respect to the subject matter of this Agreement to the extent that any such understandings or agreements conflict with any provision hereof. F. Amendment. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. /~C' ? G. Authority. Chula Vista and The District represent that the individuals signing this Agreement have full right and authority to bind their respective Parties to this Agreement. H. Best Efforts And Coooeration. The Parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. I. Waiver. The waiver by one Party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both Parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. XI. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. (End of Page. Next Page is Signature Page.) /pc- '/ Signature Page to JOINT DISPATCHING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first written above. CITY OF CHULA VISTA Dated By: Tim Nader, its Mayor Attest mJ2 BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Dated: C:, I fIf 19 t./ By:~fl~~ Its Chairperson, Thomas . Pocklington Clerk of the Board as to form: ----- , Its Alto Enrique Munoz /&C~~ CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: I ?5'. IP RESOLUTION AMENDING THE CITY'S 1993/94 and 1994/95 HOME PROGRAM DESCRIPTIONS AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Developm~~irector C;; , City Manage~ b-;\ ~\ U (4/5ths Vote: Yes _ No.lL) Council Referral No. Item 1/ Meeting Date 7/12/94 ITEM TITLE: REVIEWED BY: BACKGROUND: The HOME Investment Partnership Program (HOME Program) is a federal housing program which allocates funds by formula directly to state and local governments to promote affordable housing. HOME funds may be used to provide affordable rental housing and home ownership through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Participating jurisdictions are able to provide this assistance to both for profit and non-profit housing developers or directly to qualified home buyers or renters. The assistance may take the form of grants, loans, advances, equity investments, and interest subsidies. Over the past three years the City has been allocated a total of $1,895,000 of HOME funds. Last year the City spent $610,000 of these funds for the development of a short-term housing facility for homeless families. Every year HUD requires the City to prepare the HOME Program description, stating how it intends to use the HOME allocation and how it will comply with various HOME regulations. Past year program descriptions have split the funds evenly between three categories; new construction, substantial rehabilitation and acquisition. If the City Council wishes to amend the HOME program description it may do so at any time. For example, if the Council should decide to do more rehabilitation or acquisition rather than new construction, it can amend the HOME program description by resolution. HUD approval is not required. RECOMMENDATION: That the City Council adopt the resolution amending the 1993/1994 and the 1994/1995 HOME Program descriptions by increasing the acquisition category to reflect the availability of sufficient funds to undertake an affordable housing project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City Council in Closed Session at its meeting on May 17, 1994 directed staff to explore the //,/ Page 2, Item II Meeting Date ~'i feasibility of acquiring 2.01-acre property located at the northwest corner of Ada and Industrial Boulevard for the potential development of a for-sale housing development and childcare center. The site would be developed by a team of non-profit organizations. At present, Habitat for Humanity and Episcopal Community Services are working on a proposal. Negotiations with the property owners have been underway and soon it will be necessary to open escrow on this project. Procedurally, in order to be prepared to use the HOME funds, it will be necessary to amend the current 93/94 and 94/95 program distribution of funds by increasing the homeowner property acquisition category to reflect the availability of sufficient funds necessary to undertake a housing project. This can be done by increasing the homeowner property acquisition category. Fund balances in the other development categories will be shifted, and the total HOME grant amount will remain the same. FISCAL IMPACT: The amendment of the HOME Program description does not create any fiscal impact to the City. [SS/MISC/DISK#5/HOME.aI3] I j.,;L RESOLUTION /?5't,p RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 1993/1994 AND 1994/1995 HOME PROGRAM DESCRIPTIONS AND AUTHORIZING THE SUBMITTAL OF THE AMENDMENT TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Chula Vista has been allocated a total of $1,895,000 of HOME federal housing funds; and, WHEREAS, the HOME program regulations require a participating jurisdiction to submit a program description each year describing the proposed use of funds; and WHEREAS, the City wishes to amend the 1993/1994 and 1994/1995 HOME Program descriptions to respond to an opportunity to help provide affordable home ownership opportunities to lower income residents; and, WHEREAS, the HOME Program will enable the City to meet the housing needs of lower-income residents. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve to amend the 1993/1994 and 1994/1995 HOME Program Descriptions by increasing the homeowner property acquisition category to reflect the availability of sufficient funds necessary to undertake the development of the Trolley Terrace, a for-sale housing project and child care center on property located at the northwest corner of Ada and Industrial Boulevard, and authorize the Mayor to submit the amendment to the U. S. Department of Housing and Urban Development. ~, Bruce M. Boogaard City Attorney PRESENTED BY: Chris Salomone Community Development Director [SS/Misc/Disk#5/HOME. rsol / /- J /II-if CITY COUNCIL: ITEM #11 MEMORANDUM July 12, 1994 TO: The Honorable Mayor and City Council FROM: John D. Goss, City Manager S. Chris Salomone, Community Development Director l . VIA: SUBJECT: Continuation - City Council Item #11 Staff requests that Council continue the item to its meeting of Tuesday, July 19, 1994 as additional information has been received and will be incorporated into the staff report. [C:IWP51 ICOUNC1LIMEMOSIINF09417 .MEM] / / --- _5 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item /.,2. Meeting Date 7/12/94 Resolution ) 7....>' ~ I Approving an agreement with Hunsaker & Associates to prepare aerial photographs, topographic maps and a record of survey for the Telegraph Canyon Creek from Telegraph Canyon Road to Fourth Avenue and aerial photographs of Main Street from Industrial Boulevard to Fourth Avenue and authorizing the Mayor to execute said agreement Directo, of POOli, wo,~ City ManagerJG\, ~\ (4/5ths Vote: Yes_NoX) The FY 1993/94 Capital Improvement Program includes project DR-118 with the purpose of preparing the preliminary improvement plans for the Telegraph Canyon Creek from Telegraph Canyon Road to Fourth Avenue. A critical activity of this project is the preparation of aerial photographs, topographic maps and a record of survey of the project area. This will provide the basic information to proceed with the preliminary design, which is being prepared by City staff. The CIP program also includes the preparation of the improvement plans for the widening of Main Street from Industrial Boulevard to Fourth Avenue (CIP No. ST-961). Color aerial photographs, to be used during design of this project and property owners/Council meetings, need to be prepared early in the design process. Due to the magnitude, expertise and equipment necessary to perform the aerial mapping and the Record of Survey, staff considered necessary to retain an outside consultant and requested proposals from qualified engineering firms. Staff received three (3) proposals and has determined the firm of Hunsaker & Associates to be the most qualified and cost effective of the three firms responding to our request for proposals. Therefore, staff recommends that Hunsaker & Associates be retained for a fee of $63,138. RECOMMENDATION: That Council adopt the resolution and authorize the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: I. Contract Obiectives The scope of work of the contract consists of the following tasks: Task 1: Preparation of 100-scale aerial photographs and 40-scale topographic mapping with I-foot contours of a 400 feet strip of land (200 feet at each side of the creek) along the Telegraph Canyon Creek from the existing culvert at Telegraph Canyon Road to the beginning of the existing concrete channel (between Third and Fourth Avenue). The total length of the project is approximately 8,400 feet J02..' I Page 2, Item I J- Meeting Date 7/12/94 (see Exhibit A). This portion of the creek is surrounded by urban development. Property owners have planted trees, built retaining walls and other improvements along its banks, and sometimes encroaching into the channel area. In addition, the creek is largely covered with heavy natural vegetation The topographic maps will provide the necessary information to determine the final horizontal and vertical alignment, select the type and size of the channel cross-section and prepare the preliminary design plans for the project including cost estimate and construction phasing. The same topographic maps supplemented with additional information will be used during the design of the final improvements. The improvements will be designed to accommodate the additional drainage flow that will be generated by the ultimate development of the Telegraph Canyon Basin The IOO-scale aerial photographs will be used during design and property owners/Council meetings. Task 2: Preparation of a Record of Survey (ROS) along the Telegraph Canyon Creek (same project limits as task I). The purpose of the ROS is to locate all existing streets right-of-way, property boundaries, channel easements and rights-of-ways and identify any boundary anomalies which may exist. The ROS will be recorded and will provide a solid basis to tie the final channel horizontal alignment and prepare the legal descriptions of the additional right-of-way necessary to accommodate the proposed improvements. Task 3: Preparation of 100-scale aerial photographs of Main Street from Industrial Boulevard to Fourth Avenue. The photographs will be used during design and property owners/Council meetings (see Exhibit B). II. Discussion of Alternatives Before advertising the Request for Proposals (RFP) for the proposed contract, staff explored the following alternatives to the RFP process Alternative 1 - "Work verformed hv City staff" The end product of this contract requires the use of specialized equipment and sophisticated electronic devices. As noted on Attachment A, "Cost Comparison Worksheets - Contract Consultants vs. in-house staff," it is shown that staff does not possess the capability nor the expertise to produce such products. While staff could contract for a plane and pilot, and some of the equipment could be rented, training of staff on the use of these equipments is required. Some of the equipment required to perform these services are shown on the following listing: / :l.. - .2.. Page 3, Item /.2. Meeting Date 7/12/94 Topographic Mapping Equipment Listing Aerial ground control surveying equipment Specialized aerial survey vehicles Aerial camera Point transfer device Aerotriangulations software Stereoplotters Graphic edit stations Photo lab Translations intergraph computers and plotters Alternative 2 - "Use GIS aerial maooinf! oroducts" The project team proposed by Hunsaker & Associates includes Merrick and Co. and San-Lo Aerial Surveys. Currently, Merrick and Hunsaker are working in the City of Chula Vista GIS aerial mapping (contract amount = $572,128). Under this alternative, staff would utilize aerial mapping products from the Merrick/Hunsaker contract with the City for the GIS aerial mapping. This alternative was abandoned due to the following reasons: . Mapping Scale - GIS mapping scale (100 scale and 2 foot contour in the urbanized area) is too small for design purposes. The Telegraph Canyon project requires larger scale maps ( 40 scale) with I foot contour interval providing the detail and information necessary for preparing drainage plans. Forty-scale mapping requires taking photographs at a lower altitude and a denser vertical/horizontal ground control network. In addition, a large amount of field work is necessary to supplement the aerophotogrammetry in those areas of obscure topography (heavy vegetation or steep relief) in order to obtain the accuracy and detail required for design. It would have been cost prohibitive to do the GIS mapping at the scale required for design. . Record of Survev (ROS) - The required ROS needs to show all property lines, right-of- way and drainage easements in the project area. This is critical to exactly locate the drainage improvements and prepare the documents for the additional right-of-way necessary to accommodate the new improvements. The ROS to be prepared for the GIS will show the City's control network (1 st and 2nd order monuments), but will not include the specific information required for the Telegraph Canyon project. / ,). .. .J Page 4, Item 12 Meeting Date 7/12/94 Alternative 3 - "Chanze order to the current GIS mavvinz contract" Initially staff thought that either utilizing a change order to the GIS contract or negotiating a sole source contract with Merrick and Co., the GIS mapping contractor, might be feasible. Merrick submitted a proposal to prepare 40 scale maps at a cost of $24,127, however, their proposal was at a lower overall accuracy and did not meet all of the requirements of the project. That proposal also did not include the following key tasks, due to the fact that there are no similar activities within the scope of the GIS contract: . Preparation of a Record of Survey (see discussion for Alternate 2). . Supplemental field surveying in obscure areas (because of heavy vegatation or steep relief) to achieve the accuracy and detail necessary for design purposes. Staff originally estimated these activities to cost approximately $45,000. Due to the lack of adequate cost data for the above activities, staff did not feel comfortable negotiating a scope of work on items that were nearly double the value of the items within the scope of the GIS contract. Also, staff did not feel comfortable doing a change order or negotiating a sole source contract for an amount that high and considered it prudent to follow the RFP process. III. Proiect Selection Process Public Works - Engineering Division staff followed the City Municipal Code Section 2.56, Ordinance 25 I 7, and Council Policy 102-05 in the Consultant selection process. As required, a Request for Proposal (RFP) was prepared by staff in accordance with the above mentioned Municipal Code, ordinance, and policy. The Request for Proposal was sent to 14 professional firms specializing in aerial photographic mapping and a notice was published in the Star News and the San Diego Union. Twenty-six firms responded to the invitation and requested the RFP documents. The RFP included a description of the project limits, mapping specifications and the deliverables to be provided. Each firm was asked to provide: I) a statement of general qualifications; 2) names and qualifications of all key personnel to be used in the project, including any sub-consultants; 3) the location of the office where the work is to be performed; 4) experience in successfully managing a project of similar scope and magnitude, ability to complete the project on schedule and within budget, and 5) ability to work with agency input, review, and properly coordinate into the overall project completion. The RFP also indicated that the City will rank the proposals based on the following criteria: 1. Past record or performance (Reference Evaluation). 2. Evaluation of personnel qualifications, including sub consultants if so indicated. 3. Capacity and resources to perform the work /-2--'1 Page 5, Item /,7 Meeting Date 7/12/94 4. Fee proposal and pay schedule. 5. Proximity of office to San Diego County. A copy of the City standard two-party agreement was also included in the RFP. The deadline for responding to the Request for Proposal was April 25, 1994. Three firms formally responded to the RFP. They are as follows: Consultant Cost William A. Steen & Associates $64,800 Project Design Consultant $50,450 Hunsaker & Associates $78,630 IV RFP Evaluation Process The selection committee as appointed by the City Manager in accordance with the City Municipal Code Section 2.56 consisted of the following five members: Fred Wong, Geographic Information Systems Manager Vance F. Breshears, District Surveys Engineer, CaITrans District II Jerry Foncerrada, Deputy Parks Director Clive Hopwood, Land Surveyor Lombardo DeTrinidad, Civil Engineer The committee members were provided with individual copies of each one of the three responses and each member was charged with rating the proposals in accordance with the evaluation criteria On May 17, 1994, the Committee interviewed the three firms. Each firm had 45 minutes for the interview of which 5 minutes were for set-up and introduction, 20 minutes for the presentation, IS minutes for questions and answers, and 5 minutes for a closing statement. At the conclusion of the interviews, the Committee ranked the consultant firms as follows: Ranking Firm Total Points (max. 500 points possible) I Hunsaker & Associates 436 2 Project Design Consultant 377 3 William A. Steen & 341 Associates /.2. -f Page 6, Item I;" Meeting Date 7/12/94 The selection of Hunsaker as the most qualified firm for the job was based on: I) better knowledge of the scope of work and site conditions; 2) excellent references; 3) presentation in the interview; and 4) strongest project team. Project Design Consultant (PDC) and William A. Steen & Associates received a much lower rating than Hunsaker because their I) limited experience in similar projects; 2) limited references; 3) insufficient understanding of the scope of work; and 4) limited knowledge of existing site conditions. After the Selection Committee determined that Hunsaker & Associates was the most qualified firm for the job, staff became concerned about the proposed cost of $78,638 which was 56% higher than the proposal submitted by the second ranked firm, Project Design Consultant. Staff met with Hunsaker to discuss the scope of work and obtain a better understanding of the work proposed by Hunsaker. As a result of these discussions and clarifications, Hunsaker agreed to reduce their fees from $78,638 to $63,138 (20% reduction) without making any changes to the original scope of work. Even though the new fee is still $12,688 higher that the fee proposed by the second ranked firm, Project Design Consultant, staff recommends hiring Hunsaker based on their better qualifications for this job, especially the following factors: . Knowledge of the Scope of Work and Site Conditions - The project specifications require a high order mapping accuracy and detail that precisely depict the existing conditions of the project area, e.g., elevations, buildings, drainage improvements, etc. This is critical for designing a project that effectively corrects the drainage problems of the area. In order to prepare a good proposal, it was essential to adequately research the existing information and site conditions. During the proposals evaluation and interviews, it was evident that only Hunsaker had a good understanding of the job and sufficient knowledge of the project site (they were the only firm that inspected the entire project). Project Design Consultant was deficient in this respect. . Consultants References - Hunsaker references were excellent. The reference check gave lower ratings to Project Design Consultant for jobs performed in Rancho del Rey SPA III and Palomar Trolley Center. . Proiect Team - Hunsaker is proposing a technically stronger project team (Hunsaker & Associates, Merrick and Co. and San-Lo). This again will ensure the quality and adequacy of the mapping. Hunsaker will perform all the land surveying work; Merrick (the GIS contractor) will perform the topographic mapping and San-Lo will carry out the aerial photography. Project Design Consultants proposed to perform all the land surveying work and to subcontract with San-Lo to carry out the aerial photography and topographic mapping. 1-2 .-~ Page 7, Item /,;... Meeting Date 7/12/94 The following table summarizes the work to be performed by each consultant included in the proposed contract. Portion of Total Company Activity Contract Hunsaker & Associates Land Surveying 80% Merrick and Co. Aerophotogrammetry 15% San-Lo Aerial Service Aerial Photography 5% V. The Al1.reement The proposed agreement (attached) with Hunsaker & Associates uses the City's standard two-party agreement. Under this contract, they agree to perform the Scope of Work as outlined in Exhibit A for a single fixed fee of $63,138. This section details what is required of the firm. This section is extremely precise in order to insure that all of the City requirements are included in the base fee. Finally, the Engineering staff has worked closely with the City Attorney's office to formulate the proposed agreement. The final negotiated fee of $63, 138 is lower than the quoted p~ice in the firm's RFP response. Payment will be in phased amounts as detailed in Section 11A of Exhibit A of the contract. FISCAL IMPACT: Funds are available in projects DR-1l8 ($62,138) and ST-961 ($1,000) of the FY 1993/94 Capital Improvement Program. Attachments: Project Location Cost Comparison Consultant vs. City Staff Agreement LdT/AR-046 WPC M:\home\engineer\ageuda\hunsaker.ldt J,).. ?/I:2 - r RESOLUTION NO. 17ft I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HUNSAKER & ASSOCIATES TO PREPARE AERIAL PHOTOGRAPH, TOPOGRAPHIC MAPS AND A RECORD OF SURVEY FOR THE TELEGRAPH CANYON CREEK FROM TELEGRAPH CANYON ROAD TO FOURTH AVENUE AND AERIAL PHOTOGRAPHS OF MAIN STREET FROM INDUSTRIAL BOULEVARD TO FOURTH AVENUE AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the FY 1993/94 Capital Improvement Program includes project DR-118 with the purpose of preparing the preliminary improvements plans for the Telegraph Canyon Creek from Telegraph Canyon Road to Fourth Avenue; and WHEREAS, a critical activity of this project is the preparation of aerial photographs, topographic maps and a record of survey of the project area which will provide the basic information to proceed with the preliminary design, which is being prepared by city staff; and WHEREAS, due to the magnitude, expertise and equipment necessary to perform the aerial mapping and the Record of survey, staff considered it necessary to retain an outside consultant and requested proposals from qualified engineering firms; and WHEREAS, staff received three proposals and has determined the firm of Hunsaker & Associates to be the most qualified of the three firms responding to the RFP, and staff recommends that Hunsaker & Associates be retained for a fee of $63,138. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve an agreement with Hunsaker & Associates to prepare aerial photographs, topographic maps and a record of survey for the Telegraph Canyon Creek from Telegraph Canyon Road to Fourth avenue and aerial photographs of Main Street from Industrial Boulevard to Fourth Avenue, 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). the city of xecute said BE IT FURTHER RESOLVED that the Mayor of Chula vista is hereby authorized and directed to Agreement for and on behalf of the city Presented by o form by ~ John P. Lippitt, Director of Public Works C:\rs\hunsaker 102-,11 J. -/1) . Parties and Recital Pagels) Agreement between City of Chula Vista and Hunsaker & Associates San Diego, Inc. for Land Surveying and Aerial Mapping Services This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4,as Consultant, whose business form is set forth on Exhibit A, paragraph 5, 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: Recitals Whereas, the City is desirous to prepare: a. Aerial photographic maps, topographic maps, and a record of survey for the Telegraph Canyon Creek from Telegraph Canyon Road to Fourth Avenue in the City of Chula Vista; and, b. Aerial photographic maps of Main Street from Industrial Blvd. to Fourth Avenue; and, Whereas, the City desires to retain a consultant engineer to prepare said photographic maps, topographic maps and record of survey; and, Whereas, ConSultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 1 /.2 -/1 . Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C). unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 page 2 / ,;.. ~ /.l. ,. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F . InSUL-ance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) policy Endorsements Required. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 page 3 1,,2'IJ .. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled .Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled .Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 4 /:2. /'1 -' 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this ~greement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreem~nt. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 5 I,;. .1/ . 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 6 1.2. -I/, ~ C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the.Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 7 /..2~/'l Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and omissions 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 8 ~~~ . In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 9 /';'-/1 , studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 10 /~-~O . subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provisi~n hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 11 102 -~ l , This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 12 /~ -..2~ .' Signature Page to Agreement between City of Chula Vista and Hunsaker and Associates San Diego Inc. for Land Surveying and Aerial Mapping Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ City of Chula Vista by: Tim Nader, Mayor Attest: Clerk vi B Dated: Hunsaker & Associates San Diego Inc. By: ~)~ Ja 111, Vice President By: ;.--. Exhibit List to Agreement ( X) Exhibit A. with attachments 1,2 and 3 .." -~ ,. ( ) Exhibit B: 2pty9.wp Standard Form Two Party Agreement (Fourth Revision) November 2, 1993 Page 13 /..2 '.l;J ,A Exhibit A to Agreement between City of Chula Vista and Hunsaker and Associates San Diego, Inc. 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California Industrial Development Authority of the City of Chula Vista, a ) Other: [insert business form] a ("City" ) 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Hunsaker and Associates San Diego, Inc. 10179 Huennekens Street San Diego, CA 92121 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Hunsaker and Associates 10179 Huennekens Street San Diego, CA 92121 San Diego, Inc. 2PTY9-A.wp November 2, 1993 Exhibit A to Standard Form Agreement Page 1 /,,2. - .). tf . Voice Phone (619) 558-4500 Fax Phone (619) 558-1414 7. General Duties: Consultant shall provide: a. Aerial photographic maps (100 - scale) and topographic maps (40 - scale) for the Telegraph Canyon Creek from Telegraph Canyong Road to Fourth Avenue in the City of Chula Vista. b. Aerial photographic maps (100 - scale) of Main Street from Industrial Blvd. to Fourth Avenue. c. Record of survey for the Telegraph Canyon Creek. All the work shall be performed in accordance with the Mapping Specifications. (Attachment 1) 8. Scope of Work and Schedule: A. Detailed Scope of Work: See attachment No. 2 B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: See attachment No. 3 D. Date for completion of all Consultant services: 20 weeks after notice to proceed (see attachment No.3) 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X), Errors and Omissions Insurance: $250,000 (not included 2PTY9-A.wp November 2, 1993 Exhibit A to Standard -Form Agreement Page 2 I~~~~ ~ in Commercial General Liability coverage) . ~o. Materials Required to be Supplied by City to Consultant: None 11. Compensation: A. (X) SingJe Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $63,138 payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee See attachment No. 3 B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ C. () Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow 2PTY9-A.wp November 2, 1993 Exhibit A to Standard Form Agreement Page 3 ),). .. ,;. " .. according to the following terms and conditions: (1) () 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 $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any addi- tional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 2PTY9-A.wp November 2, 1993 Exhibit A to Standard Form Agreement Page 4 /,)-;1. ? Rate Schedule Category of Employee of Consultant Name Hourly Rate (See Attachment 4) ) Hourly rates may increase rendered after [month], 19 services is caused by City. by 6\ for services , if delay in providing 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ ( Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 2PTY9-A.wp November 2, 1993 Exhibit A to Standard Form Agreement Page 5 /,2. ,,.llr ~ 13. Contract Administrators: City: Roberto Saucedo, Senior Civil Engineer Public Services Building 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5033 Consultant: Jack Hill, Vice President Hunsaker and Associates San Diego, Inc. 10199 Huennekens Street San Diego, CA 92121 (619) 558-4500 14. Liquidated Damages Rate: ( ) $ -0- per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ) FPPC Filer ( Category No.1. Investments and sources of income. ) Category No.2. Interests in real property. ) Category No.3. Investments, interest in real property and sources of income subj ect to the regulatory, permit or licensing authority of the department. ( Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( Category No.6. Investments in business entities 2PTY9-A.wp November 2, 1993 Exhibit A to Standard Form Agreement Page 6 /,,2 ":2.1 . and sources of income of the type which, within the past two years, have contracted with the desi~ated employee's department to provide serv1ces, supplies, materials, machinery or equipment. ( Category No.7. Business positions~ ( ) List "Consultant Associate!>" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Merrick & Company San-Lo Aerial Surveys 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ) Monthly ) Quarterly X) Other: After reaching each milestone B. Day of the Period for submission of Consultant's Billing: ( First of the Month ( 15th Day of each Month ( End of the Month ( Other: C. City's Account Number: 19. Security for Performance (X ) Performance Bond, $63,138.00 ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X Retention. If this s~ac:e is checked, then notwithstanding other prov1s1ons to the contrary requiring the payment of compensation to the Consultant 2PTY9-A.wp November 2, 1993 Exhibit A to Standard Form Agreement Page 7 /,2 . J C1 . sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X ) Retention Percentage: 10\ ( ) Retention Amount: $ Retention Release Event: (X ) Completion of All Consultant Services ( ) Other: (p:\hoae\engin..r\aa.in\HDHSAKR2.2PT 2PTY9-A.wp November 2, 1993 Exhibit A to Standard Form Agreement Page 8 /J.' J I A~"'~'" 1 ~v?- ~ ~ ~ :.- ~- ~ ~ -=- ellY OF CHUlA VISTA ST ATE OF CALIFORNIA MIlJP]PIDmg ~mcUi(8 ~ /,).. , ;1 ,2. TOPOGRAPmC MAPPING SPECIFlCA nONS , A. Responsibility of the Consultant The Consultant shall be responsible for all surveys, including mapping, necessary to comply with the Scope of Work. This will include, but not be limited to, 40 scale topOgraphic mapping (with one-foot contours), 20 scale topographic mapping (with one-foot contours), and aerial photography (including a loo-scale overview of area). All surveys must be done in the following manner. 1. Standards All surveys shall be perfonned in accordance with accepted professional surveying standards as approved by the City. The minimum standard of survey quality shall be that of similar surveys performed by the City. In addition to the requirements herein, photogrammetric mapping shall conform to requirements of Appendix A. Surveys performed by the Consultant shall conform to the requirements of the Land Surveyors Act In accordance with the Act, "responsible charge" for the work shall reside with a pre-January I, 1982, Registered Civil Engineer or a licensed Land Surveyor, in the State of California. 2. Basis of Consultant's Surveys Vertical control must be related to the 1988 NA VD system. Horizontal control for existing street right-of-way and property lines must be established from record maps, deeds and other survey documents. The consultant will be responsible for performing his own research for these items. ." If any anomalies exist in property boundaries and right-of-way limits then the consultant will be responsible for obtaining the relevant title reports to resolve those anomalies. 3. Monument Markings The Consultant shall identify Consultant-established monuments by tagging or stamping the monuments with the license or registration number of the Consultant's surveyor who is "responsible charge" of the work, in accordance with City approved standards. 4. Deliverables a. Survey points, lines, and monuments shall be established, marked, identified and referenced, as required to comply with the scope of work in accordance with accepted professional surveying standards and the requirements herein. 1;1 .J J b. Survey notes, drawings, c:a1culations and other documenWmaterials shall be completed as required to complete the design of the project, in BCCOrdance with accepted professional surveying standards and the requirements herein. c. A copy. except as otherwise specified in Appendix C, of all original survey documents resulting from this contract (including original field data, adjustment calculations, final results, and apPlopriate intermediate documents) shall be delivered to the City and shall become the property of the City. The original (or a copy. if the original is to be provided to the City) survey documents shall be retained by the Consultant for future reference. d. The final results of an surveys shall be delivered to the City in the fonnat specified below. (1) Horizontal Control- Alpha/numeric bard copy point listing with adjusted California Coordinate System northings and castings and appropriate descriptions. NAD 83 datum is to be used. (2) Vertical Control- Alpha/numeric bard copy listing with adjusted elevations on the 1988 NAVD. (3) Topography, including photogrammetric mapping - Topography symbology shall conform to the CalTrans "Drafting and Plans Manual". All deliverables, shall be in the following fonnat: Alpha/numeric bard copy listing Reproducible mylars. 0.004" polyester type plastic film (size to be approved by the City). The area of the project to be shown in each sheet is to be determined by the City. Digital Terrain Model. Shall be provided in 5-1/4" high density diskettes using DXF format files compatible with Autacad V.12 and Softdesk (Addcad). The layers shall be defined as follows: 1 - Contour lines shall be in one separate layer 2 - All record boundary information (property lines, easements, etc.) and existing channel easements shall be in a separate layer. 3 - Text shall be in a separate layer. 4 - All other featureS may be combined in the same layer (4) Photogrammetric Mapping Rel.t..t Materials - See Appendix C. (5) Others - As directed by the City. P.8I1iIB'CIlG1HEEIl\I517.93 /.2~3t.( . PHOTOGRAMMETRIC MAPPING STANDARDS Table of Contents 1.00 SCOPE OF WORK ................................................. 1 2.00 FIELD SURVEYS AND PREMARKING ................................. 1 3.00 AERIAL PHOTOGRAPHY ........;.................................. 1 4.00 AEROTRIANGULATION............................................ 3 5.00 MAP COMPILATION............................................... 3 6.00 MAP ACCURACY ................................................. 5 /02-;15' 1.00 SCOPE OF WORK - 1.01 Work shall consist of furnishing all photogrammetric mapping necessary to complete the design of this project 1.02 The work will include planning, photo-control surveys, premarking, aerial photography, eerotriangulation, digital map compilation, drafting, and ..,pi oductions. 2.00 . fIELD SURVEYS AND PREMARKING 2.10 Project Control- Vertical control must be related to the 1988 NAVD. Horizontal control for existing street right-of-way and property lines must be established from record maps, deeds and other survey documents. The consultant will be responsible for performing his own research for these items. If any anomalies exist in property boundaries and right-of-way limits, the consultant will be responsible for obtaining the relevant title reports to resolve those anomalies. It is not necessary to complete the Record of Smvey included in the Scope of work prior to preparing the aerial topographic map unless any major discrepancies in boundary infonnation are exposed during research. If no major discrepancies are found then it will be sufficient to show record boundary infonnation on the aerial topographic map, with a common basis of bearing. 2.20 SUPPLEMENTAL PHOTO CONTROL 2.21 Number and Position - The contractor will establish a minimum of three (3) horizontal and vertical control points plus one vertical only control point per model by field methods. Vertical points will be placed near the four comers of the model. All points will lie within a radius of S inches (S") from the center of each picture. When the mapped area is a narrow strip through the model, the four comer points will be placed outside or near the border of the mapping area. 2.22 Accuracv - The position of all horizontal control points will be established to third order of accuracy, or better. The elevation of all vertical control points will be establiihed to an accuracy of-Kl.Ol foot of true elevation. 2.23 Any alternate control plans that do not meet these specifications must be approved in Idvance, by the City. 2.30 PREMARKING 2.31 All control points, both project and supplemental photo control points, Iha1l be premarlted. Project control points outside of the photo coverage will Dot have to be pmnarked. 2.32 Premarks shall be centered exactly OD the survey point and shall Dot deviate from the point by more than 0.02 fOOL 2.33 Premarks shall be of a pattern used by CaItrans for similar mapping. l/,2"J? 2.34 It shall be the responsibility of the Consultant to obtain permission to premark and 10 dispose of the premarks in a satisfactory manner. 2.35 Photo identification of control points will not be allowed unless permission is specifically granted by the City. 3.00 AERIAL PHOTOGRAPHY 3.10 CAMERAS - Aerial photography shall be taken with one of the following types of cameras or equivalent: . Wild RC 8 or RC 10 with a 6-inch Aviogon lens Zeiss RMK 15/23 with a Pleogon lens Zeiss LMK 15/2323 with a Pleogon lens 3.11 CAMERA CALffiRA TION - A calibration repon shall be provided for the camera used. The repon shall be prepared by United States Geological Survey (USGS) or the camera manufacturer within the last two years. . 3.20 FLIGHT HEIGHT AND PHOTOGRAPHY SCALE 3.21 Photography scales to be used for mapping and flight heights must suppon the mapping requirements in Task 1 and 2 of Section 5 of the Request for Proposals and Section 6.00 of these specifications. 3.30 FLIGHT TOLERANCES - Flight tolerances shall be as follows: 3.31 COVERAGE - The mapping limits and control for the flight shall fall within the central 7 inches of the photography. 3.32 FORWARD OVERLAP - Forward overlap shall not exceed 65 percent or be less than 55 percent and shall average 60 percent. '. 3.33 CRAB - Crabbing measured from the line of flight through the principal points shall not exceed 10 degrees between any two consecutive photographs and shall not average more than 5 degrees for any single flight line. . 3.34 Tn.. T _ Tllt deftned as the depanure of the optical axis of the camera from a plumb line shall not exceed 5 degrees on a single photograph and shall not average more than one degree for a single flight line. Relative tilt between two successive exposures shall not exceed 6 degrees. 3.35 TIME OF PHOTOGRAPHY - Photography shall be taken when the ground is not obscured by haze, smoke, dusl, clouds or cloud shadows, or snow. Photography shall be taken only when the sun angle is greater than 30 degrees above the horizon. 3.40 AERIAL NEGATIVES - Fine grain aerial negative film on polyester base such as Estar or equal shall be used. Exposing and processing shall be done in conformance with the manufacturer's recommendations and with accepted photographic practice. Negatives shall be clear and sharp in detail with normal density and contrast. Negatives shall show no streaks, static marks, 2 /.1.J? chemical stains, or other defects which would interfere with their intended use. There shall be a 3-foot leader and trailer on all aerial film used for mapping. 3.50 EDITING - Aerial negatives and control photographs shall be edited according to standards adopted by Caltrans. 3.60 CONTACT PRINTS - Three sets of contact prints on resin-coated paper shall be furnished to the City. one showing control and two extra sets. 3.70 DIAPOSITIVES - Diapositives shall be on 0.13-inch thick glass. printed emulsion to emulsion. One set of diapositives shall be furnished to the City. 3.80 PHOTO-INDEXES - Photo-indexes shall conform to the standards adopted by Caltrans. Photo- index negatives and two prints of each photo-index shall be furnished to the City. 3.90 AERIAL PHOTOGRAPHY NEGATIVES - The original negatives of all photography shall be furnished to the City. 4.00 AEROTRIANGULATION 4.10 IMAGE RESIDUALS - The standard deviation of "unit weight" shall not exceed +0.0075 millimeter. 4.20 HORIZONTAL CONTROL RESIDUALS - The root-mean-square-error of the xy vector shall not exceed +0.085 foot and no single point shall deviate more than 0.24 fOOL 4.30 VERTICAL CONTROL RESIDUALS - The root-mean-square-error of z shall not exceed +0.15 foot and not single point shall deviate more than 0.36 fOOL 4.40 POINT TRANSFER HOLES - The maximum drill hole size shall be 0.050 millimeter for marking points on the diapositives. 4.50 RESIDUAL USTINGS - A compiled listing of resultant residuals for the tillal aerotrangulation shall be furnished to the City. 5.00 MAP COMPlLA TION 5.10 MAPPING UMITS - The mapping limits shall adequately cover the project as required to complete the design of this projecL (See Scope of Work) . 5.20 CONTOUR INTERVAL - The contour interVal shall be one foot for 40 and 2O-scale mapping. 5.30 MAP CONTENTS 5.31 COORDINATE GRID - All sheets shall be laid out in accordance with the map plan and shall be based on the NAD 83 plane coordinate system of the State of California, Zone VI. in which the area lies. /.2 .. J ~ 3 The California coordinate system shall be represented by border ticks on the manuscriPL Spacing of these ticks shall be 10 inches. The intersection of the lines, representing the grid lines, shall be shown by a cross tick. In its southeast (or lower right-hand corner), each manuscript map sheet shall have a legend giving "Map Scale, Date of Flight, Flight Height, North Arrow, Project Name or Number, and Name of ConsultanL" Each sheet of a set shall be numbered in sequence (Example: Sheet 1 of 5), with numbering progressing along the route of mapping from west to east, or from south to north. 5.32 MATCH LlNES - Match lines shall be provided for the map sheets so that each sheet may be joined accurately to those IdjacenL 5.33 PLANIMETRY - The maps shall contain all planimetric features which are visible or identifiable on, or are interpretable from, the photography, including land use features, as buildings, canals, ditches, reservoirs. trails. roads (highways), railroads, quarries, borrow pits, cemeteries, orchards, and individual, lone, large trees that can be recognized as such; and the trace of telegraph and electric power transmission lines and their poles and towers, underground cables, pipe lines and sewers, fence lines. billboards, rock and other walls, and similar details of land use. Structures, such as bridges, culverts, retaining walls, transformer and other substations, oil, water, and other storage tanks, and the like. The map shall also show curbs, sidewalks, parking snips, driveways, hydrants, manholes. lamp posts, existing improvements within the channel or flowing into the channel, and similar features. Buildings and similar dimensionable objects shall be correctly outlined and oriented on the maps, and shall be to actual scale, except that building die dimensions smaller than representable by one-tenth (1/10") inch at map scale shall be symbolized one-tenth (1/10") inch in size. Minor irregularities in building outlines not representable by one-twentieth (1/20") inch at map scale shall be ignored. The map shall also show all boundary information (property lines, easements, etc.) in accordance with Section 2.10 of this appendix and Assessor's Parcel Number, property owner, and address of all properties within the project area. Existing channel easements and right-of-ways shall also be shown. The consultant shall be responsible for performing his own research to perform this activity. The principal point, or nadir point, of each photograph used in the mapping shall be shown on the maps. 5.34 SPOT ELEV AnON _ Spot elevations determined photogranunenica1ly shall be shown on the maps in proper position at water level on the shoreline of lakes, reservoirs, ponds and the like; on hilltops; in saddles; at the bottom of depressions; at the intersection of well-traveled roads; principal streets in cities, railroads, and highways; and on the centerline at each end of bridges and the like structures of importance in highway engineering. In areas where the contours are more than three (3") inches apart at map scale, spot elevations shall also be shown and the horizontal distance between the contours and such spot elevations or between the spot elevations shall not exceed two (2") inches at scale of the delivered maps. 4 J.l" J~ 5.35 TOPOGRAPHY - Maps shall contain all representable and specified topographic features which are visible or identifiable on, or are inteIpretable from, the aerial photography. Within accuracy requirements, contours shall be delineated to represent true elevation above mean sea level and the exact shape of the ground. Wherever they exist, topographic features required on the maps are all drainageways of draws, creeks, rivers, and tributary streams, springs, falls and rapids, and glaciers; waterbodies of ponds, lakes, and oceans; swamps, marshes, bogs, and flood plains; ledgerock and cliffs; and other essential topographic features the contracting authority will require for design purposes. Where they exist, and if anyone of their surface area dimensions at ground level is larger than representable by one-tenth (1110") inch at map scale, large surface boulders and boulders protruding from the ground shall be outlined on the maps in their correct position to shape and size, properly labeled, and their height above ground given. The elevation of all slabs, top of walls and building fmished floors etc. shall also be shown on the maps. 5.40 STEREO-PLOTTERS - Optical train type photogrammetric plotters shall be used for map compilation. Projection-type plotters will not be allowed. 6.00 MAP ACCURACY 6.10 MAP GRIDS - The position of all grid ticks and all monuments shall not vary more than 0.01 inch from their coordinated position. 6.20 PLANIMETRY - At least 90 percent of all well-defined planimetric features shall be within 0.025 inch of their true position, and all shall be within 0.050 inch of their true ground position. 6.30 CONTOURS 40 Scale MaDS with I foot Contours. At least 90 percent of all contours shall be within 0.50 foot of true elevations, and all contours shall be within one foot of true elevations. , 20 Scale MaDS with 1 foot Contours. At least 90 percent of all contours shall be within 0.25 foot of true elevations, and all shall be within 0.50 foot of true elevations. If any areas are obscured from the air due to vegetation, etc., the consultant must perform field work to supplement the aerial topography as necessary to obtain the specified accuracy and detail. Contours shall reflect the crown or cross slope of all paved areas including paved ditches, and the accuracy tolerance allowed for contours shall not affect this requiremenL 6.31 SPOT ELEVATIONS 40 Scale MaDS with 1 foot Contour. At least 90 percent of all spot elevations shall be within 0.25 foot of true elevations and all shall be within 0.50 foot of true elevation. /;....o/tJ 5 .. 20 Scale MaDs with I foot Contour. At least 90% of all spot elevations shall be within 0.13 foot of trUe elevations and all shall be within 0.25 foot of trUe elevation. 6.32 In addition to the accuracy specified above for contours and spot elevations. the following shall apply: The arithmetic mean of contours and spot elevations in open areas shall not exceed plus or minus the following values for the points tested on each map sheet. No. of Points Tested Max. Arithmetic Mean 20 +0.20 contour interval 40 +0.15 contour interval 60 or more +0.10 contour interval 6.33 Any contour which can be brought within the specified vertical tolerance by shifting its position 0.025 inch shall be accepted as correctly compiled. 6.34 Elevation of all slabs. top of walls. and building finished floors shall be within IIlOth of a foot. Existing drainage improvements within the channel or flowing into the channel shall be within lllOOth of a foot. F:'ifO~1NEER\l517.93 .' /.,2-'/1 6 AnACHMENT NO.2 Detailed Scope of Work Telegraph Canyon Creek Project Task 1 Preparation of 100-scale aerial photographic maps and 40-scale topographic maps with 1-foot contours of a 400 foot strip of land (200 feet at each side of the creek) along Telegraph Canyon Creek in the City of Chula Vista from the existing culvert at Telegraph Canyon Road to the beginning of the existing concrete channel (bstween Third and Fourth Avenue). The maps shall extend a minimum of 300 feet beyond the upstream and downstream project's limits. Survey: Aerial Control: Hunsaker & Associates San Diego, Inc. (H&A) will set 12 (Alternate 1) or 16 (Alternate 2) aerial targets appropriately marked for photogrammetry. These targets will be surveyed using conventional or G.P.S. (Global Positioning System) methodology. This aerial target control network will be tied into the City of Chula Vista Control Network currently being established. NAD'S3 coordinates and NAVD'SS elevations will be established on all aerial control points. If possible aerial control points will be existing cadastral monuments such as centerline well monuments. The horizontal accuracy will be third order or better and the vertical accuracy will be sufficient to control 40' scale or 20' scale mapping according to National Map Accuracy Standards. (elevations will be stated to 1/1 Oath of a foot but the absolute elevation will not be the accuracy of:t 1/10Oth of a foot). Existing Monument Recovery: Hunsaker & Associates will compile a "Record" map which will show the location of property lines, right-of-way lines and easements which show on maps of record, within 200 feet of the centerline of Telegraph Canyon Creek. Any significant "anomalies" in record data will be reported to the City. H&A will not be responsible for resolving any such anomalies under this contract. At the time the aerial control survey is performed, H&A will commence a survey to recover any monumentation that may be within the area to be disturbed by the Telegraph Canyon Creek improvement project. Only monuments within the potential disturbed area will be surveyed and no attempt will be made to establish boundaries of entire parcels by locating property comers which are not with potential disturbed areas. The location of all found monuments shall be plotted and the "Record" map will be adjusted to conform to "Found" locations of monuments. Any significant anomalies or areas of occupation which are obviously different from record data will be reported to the City. Again, H&A cannot be responsible to resolve any anomalies or questions of occupation or ownership under this contract. It is anticipated that this surveyed data combined with record data will be sufficient to determine areas and extent of right-of-way acquisitions as well as enable legal descriptions to be written and plats prepared. ..._ _.IIl..fTT .4Ic ......,. ..... I). . i,,2- Map: . Based on record data and recovered monumentation by field survey, H&A will prepare a map which shows the control for the project, recovered monuments, property lines, right-of-way lines within the area of potential alignment of improvements. This will be prepared at 100 scale so as to provide an overlay for the 100 scale color aerial photographic map. Anomalies: At this time it will be possible to determine which (if any) parcels require further action to resolve any boundary question, lines of occupation questions or other potential conflicts which the survey has identified. H&A will recommend a course of action to resolve any such anomalies. If requested by the City to do so, H&A will work toward resolving said anomalies under a separate contract with the City of Chula Vista. Photogrammetry and Topographic Mapping: Step 1 . Acquire Aerial photography 1. Merrick shall utilize color photography at a negative scale of either 1" = 250' or 1" = 150' to complete the aerial photography mission. The 1" = 250' film would be used for the 40 scale mapping; while the 1" = 150' film is proposed for the 20 scale mapping. Aerial photography shall conform to industry standards for weather conditions, processing, camera calibration, film type, forward and side lap, cloud coverage image motion compensation, and sun angle. 2. The following flight characteristics apply for the 1" = 250' photography: Negative Scale: Mapping Scale: Flying Altitude: Forward Lap: Side Lap: Direction: Number of Exposures: 1" = 250' (1 :3,000) 1" = 40', 1 foot contours 1,500' above mean terrain. 60% 30% Along creek channel 13 3. The following flight characteristics apply for the 1" = 150' photography: Negative Scale: Mapping Scale: Flying Altitude: Forward Lap: Side Lap: Direction: Number of Exposures: 1" = 150', (1:18,000) 1" = 20', 0.5 foot contours 900' above mean terrain 60% 30% Along creek channel 25 4H:MI_"'~"f' A40c --- /.,2 .. If ;J 4. The aerial photography shall be flown on, or near, the date designated by Merrick/City of Chula Vista project managers following the completion of control targeting, weather permitting. . 5. Merrick shall subcontract the photography to San-Lo Aerial Surveys of San Diego, California. 6. Following processing, Merrick's certified photogrammetrist will then inspect the film and generate a "navigation report" which validates that the photography conforms to specifications. The navigation report and indices will be forwarded to the City of Chula Vista for approval. 7. A rectified mosaic at 1" = 100' will be produced for each site (color). Step 2 . Fully Analytical Aerotrlangulatlon (FAAT) 1. Merrick will utilize analytical, first-order stereo plotters (Zeiss P3) to perform the FAAT measurements. 2. FAAT will generate the coordinate base (x, y, z) from the control points on each photograph and supplemental positions. 3. 4. MllIl_,,~lI._ -...." ...... This process simultaneously corrects image displacement caused by earth curvature, atmospheric refraction, camera lens distortion and aircraft inconsistencies. Adjustments will be performed in-house using Rapid Analytical Bundle Adjustment Triangulation System (RABATS) and Bundle Rapid Analytic Triangulation System (BRATS) to generate the final project coordinates. Merrick's analytical measurements require that diapositives have two tiepoints per stereo model to relate adjacent flight lines, and that each stereo model contains not less than six passpoints. 5. During the "reading" of diapositives on the Zeiss P-3 analytical stereoplotter, independent model solutions are computed, and refined photo coordinates are verified to ensure that no point exceeds 10 microns of error. 6. Approximately 5% to 10% of the control points may be withheld from the initial solution as a quality assurance check. The results of both solutions will be provided to the City of Chula Vista for review. 7. A FAAT report of the final results of the FAAT exercise will be submitted to the City of Chula Vista. This report will be inspected and signed by Merrick's certified photogrammetrist. I,)"~i Step 3 . Perform Model Orientation 1. This step performs internal relative and absolute positioning of each photo. 2. A least-squared analysis of each model will be executed to obtain orientation residuals. 3. Inspect all residuals to ensure all conform to accuracy standards. Step 4 . Load AdJacent Model Data 1. This step merges digital data collected from adjacent photographs to verify that information on the edge of each photograph matches on each image, resulting in a "seamless database". 2. Referencing all models during this step greatly enhances "snapping" of features on adjoining photographs during stereo digitizing, and eliminates the need for model-to-model edgematching during later editing stages. Step 5 . Photog ram metrically Collect Planimetric Data 1. All visible and readily identifiable features will be collected using photogrammetric compilation techniques. Korl< mapping software is used for the real-time data acquisition and entry coding. A macro file exists for each entity to be collected, enabling consistent coding and collection which is operator and machine independent. 2. Merrick creates an intelligent database during data capture by uniquely coding each feature and by typing/classifying these features. For example, structures can be categorized as residential, commercial and industrial. Merrick's intelligent data capture methods allow the City to start building GIS attributes early in the conversion process. 3. Edgematch each model during stereo-digitizing to form continuous database. 4. In order to maximize the intelligence of the final database, Merrick's compilation procedures could be modified based on the ARC/INFO GIS system selected by the City. This would make this data 100% compatible with the City's GIS project. Step 6 . Create Planimetric and Utility Databases 1. Utilize in-house software to convert Korl< data to database files for initial processing and editing. ....~A._IWI'._ _ ",J175 ..... /.2 r If~ 2. Planimetric data will be layered, attributed and symbolized for each feature based on the specifications and pre-defined database design. 3. Merrick utilizes in-house software to automatically create layers, clip contours to buildings, edgematch, annotate, and "close" all would by polygons. Merrick understands the cartographic, topologic and database implications when creating and editing digital data. that is, data products are more complex than conventional maps, therefore, advanced computer expertise, such as that found at Merrick, is essential to the City for a successful project implementation. 4. Merrick's processing software develops 3-D files, patterns lines (e.g. trees, drains, trails, etc.) and places blocks based on client standards. An existing drawing file from the City of Chula Vista is requested to facilitate matching styles, layers and fonts. Step 7 . Photogrammetrlcally Collect Digital Terrain Model (DTM) 1. A DTM is used for the production of the contour and digital orthophoto products. Merrick will create the DTM by scanning parallel rows on each model using precision stereo-plotters. 2. The three dimensional (3-D) digital terrain model (DTM) will be collected by Merrick by scanning parallel elevation profiles on each model at a constant spacing between profile lines at finished map scale. The distance between scan rows (profile lines) will be 3 rows per inch at final map scale. 3. Merrick creates the DTM in four standardized steps: a) Collect 3-D discontinuity lines along all terrain breaks, such as road edge, apparent road centerline, drainage, ridges, etc. b) Scan and create elevation profiles in parallel rows on"each model at three (3) rows per inch at map scale. c) Stereo-digitize spot elevations of all high-low points, such as toe and crests, saddles, buttes, etc. d) Create obscurity lines (closed areas) where terrain data may be. obscured by dense vegetation or shadow. 4. Verify accuracy and completeness of terrain model using Merrick's proprietary software. This software and procedure inspects that scan lines conform to the predetermined National Map Accuracy Standards. ....._A..,..Ntl1.doc _-.vrl 11III4 /,2. ,~t. 5. The final step is to process the DTM into an irregular triangulated {letwork and create the contour layers using Merrick's proprietary contour interpretation software (CIP). This process is used to validate the computerized contouring. 6. As requested, the DTM will be delivered to the City. Step 8 . Create Topographic Design FUes for DTM Validation 1. Following compilation, Merrick utilizes in-house software to convert Kork data to Intergraph for initial processing and editing. All data will be edited on Merrick's 10 Intergraph workstations. 2. Generate contour plots to validate DTM. Add spot elevations to independently analyze the computerized interpolation and DTM. 3. Over-plot ridge and drain features such as road edge and centerline to guarantee cartographic placement of contours and accuracy/density of DTM. These plots are edited by the Photogrammetric Supervisor and the Project Manager to guarantee that the database conforms to the City of Chula Vista's standards. 4. After the initial verification has been completed, Merrick shall send PSI DTM's to generate the digital ortho products. Merrick will then continue with the in-house quality control and data acceptance testing procedures. Step 9 . Perform Final Database Quality Inspection 1. Simultaneous to the digital ortho production, Merrick shall perform final automated and visual inspection of the DTM, planimetric and topographic data. 2. Validate that the DTM, planimetric and topographic data conforms to City of Chula Vista specifications. 3. Create color verification plots of all datasets. 4. Compare a representative sample of data to photographic enlargements and inspect completeness of data. Step 10 . Clip Databases Into Sheets and Generate Final Data FUes 1. Using the predetermined sheet layout provided by the City of Chula Vista, "clip" continuous data into individual sheets. 2. The City of Chula Vista will be responsible for providing Merrick with coordinates for the origin of the sheet comers. A final sheet layout for both scales will then be mathematically projects from this point. ....~_A~l.._ _ ...,.,. ..... /,,2. ,. 'I? 3. At the request of the City of Chula Vista, Merrick will provide planimetric and contour data in AutoCAD format. the DTM will be provided as either a point coverage or DXF, in addition to the ASCII format. Step 11 . Submit Maps and Databases to the City of Chula Vista 1. Ship all color ac maps and data products to the City of Chula Vista for verification and inspection. 2. Merrick and City of Chula Vista shall devise an incremental delivery schedule which meets the requirements of the City. Step 12. Verify Dellverables by the City 0' Chula Vista 1. Perform quality control on sample maps and data products. 2. Provide Merrick with written review comments. 3. Discuss comments with Merrick and incorporate comments (if necessary) into procedures and final products. Step 13 . Submit Final Maps and Data to the City 0' Chula Vista 1. Incorporate City of Chula Vista comments into final map and data products. 2. Ship deliverables to the City of Chula Vista. 3. Acceptance of products by the City of Chula Vista within 30 days of submittal. ...~__ ....lli\oIlT.-c _..3t75 MIt4 ),). 'J/~ listing of Deliverable Products The following outlines the deliverable products produced by Merrick. Photographic Products 1. One (1) set of original 9" x 9" black and white film negatives of the aerial photography (1" = 150' or 1" = 250'). 2. One (1) set of paper 9" x 9" contact prints of the aerial photography (1" = 150' and 1" = 250') 3. One set of aerial photography indices on mylar for each scale of photography. 4. Valid USGS Calibration Report for San-Lo's aerial camera. 5. Navigation Report summarizing the quality of each scale of photography. 6. Rectified color mosaic of Main Street area and Telegraph Canyon at 1" = 100'. Fully Analyllcal Aerotrlangulallon (FAAT) Products 1. FAAT diapositives. 2. FAAT results report and computations. 3. ASCII file of coordinate values of all triangulation points including: control; pass, drop; tie; and QC points. Digital Terrain Model . 1. Digital terrain model in a ASCII format. Breaklines, mass points, spot elevations and ridge/drain lines will be separated. 2. Topographic (contour) databases will be in 3-D AutoCAD DXF format. Planimetric and Ullllty Databases (1" = 40' or 1" = 20') 1. Planimetric databases in AutoCAD DXF format. 2. Color paper quality control check plots. 3. Reproducible Mylars .ItNl_A_'" J r._ _"'3116 eII/t4 /,,2. , '11 Task 2 Preparation of 100 scale aerial color photographic map of a 200 foot strip of land (100 feet at each side of the centerline) of Main Street from Industrial Boulevard to 200 feet easterly of the intersection with Fourth Avenue. Procedures are included in Task 1. Cost is listed separately. MM:_A._Nl'.M _".76 ....... /,2 ~f'c; Task 3 . Preparation of a Record of Survey along Telegraph Canyon Creek from Telegraph Canyon Road to Fourth Avenue. Hunsaker & Associates will prepare a Record of Survey which will show all found monumentation as described in Task 1 as well as property lines, right-of-way lines and easement lines for parcels which are adjacent to the existing creek or potentially affected by its realignment. Not withstanding the exhibit entitled "Telegraph Canyon Creek Record of Survey Limits" in the RFP, it is not our intention to survey the entire area outlined in said exhibit. It is our int~ntion to survey only those parcels and monuments immediately adjacent to the creek alignment so as to provide the most cost effective survey for the City while still providing the data necessary for design and preliminary right-of-way acquisition documents. The record of survey will show ties to the City Control Network, including NAD'83 coordinate values for said points and additional survey points at a maximum of .25 mile intervals. New control points will be established, monumented, and shown on the ROS in areas that will not be disturbed by construction but would be useable for future control, if no suitable existing monument is available. This proposal does not include any title company work. Only easements which show on record maps will be shown on the ROS. Title work should be performed after preliminary design determines which parcels will be affected. The cost of acquiring a title report for each parcel at this time and plotting all existing easements on each parcel would not seem to be cost effective. .IU*_A.~.F' Adoc _..,.71 ~ /,2 '5') Attachment No.3 , City of Chula Vista Schedule of Deliverables and Payables Telegraph Canyon Creek Project Completion Deliverable In Weeks Retention Event after Notice GPS Control Net for Aerial Control & Conv. Survey Amount (10%) Payment to Proceed Reconnaissance & Premark Targets. GPS 4-man Crew GPS Session Planning & Coordination GPS Processing Final Report for Aerial Control . Aerial Photography $ 750 $ 75 $ 675 +4 . Photo Products $ 1,500 $ 150 $ 1,350 +4 . 100 -Scale Aerial Photographic Map $ 1,000 $ 100 $ 900 ; +4 . Aerial Control & GPS Work $ 11,500 $ 1,150 $ 10,350 +4 Conventional Survey L.S. Coordination of field survey Research all data. maps. city records Prepare Record Data Base Map Prepare Package for Survey Coordinate Survey & Meet with City Monument recovery & tapa verification Plot of Raw Survey Data & Notes . Conventional Survey Work $ 17,500 $ 1,750 $ 15,750 +8 Preparation of Base Map Reduce Field Notes Survey Analysis Create Base Map for Control & Prop. Cor. Locations Coordination and Meet with City . Additions. Changes. Corrections Deliver Final Base Map . Base Map $ 14,000 $ 1"'00 $ 12,600 +12 . Aerotrlangulatlon & Stereo Compilation $ 8,660 $ 866 $ 7,794 +12 . Map editing & Final Sheet Preparation $ 1,728 $ 173 $ 1,555 +12 Prepare and Process Record of Survey Prepare Title Sheet. Index Map & 12 Map Sheets Process. Changes & Corrections . Submit Record of Survey $ 8,500 $ 850 $ 5,850 +20 . Recordation of Record of Survey $ 8,314 Contract Total $ 83,138 $63,138 Total Contract Retention $6,314 . Deliverable event Page 1 /' /). ".;).).. ATTACHMENT NO.4 RATE SCHEDULE Hunsaker and Associates San Diego, Inc. Catel!orv of EmDlovee Standard Office Time Licensed Land Surveyor Registered Civil Engineer Principal One-Person Survey Crew Two-Person Survey Crew Three-Person Survey Crew Three-Person GPS Survey Crew Four-Person GPS Survey Crew Merrick and Company Catel!orv of EmDlovee Project Manager Assistant Project Manager CADD Technician/Drafter/DCA Draftsperson Clerical Photo Lab Technician Photograrnmetric Technician Photograrnmetrist Camera/Plan/PilotlPhotographer Project Professional Land Surveyor Professional Land Surveyor Survey Technician Survey Party Chief Two-person Crew GPS Receiver (per unit per day) Two-person Crew, OSHA Health & Safety Trained Three-person Crew, OSHA Health & Safety Trained Court Appearances and Depositions (per day) Mileage (per mile) Equipment and Materials (cost plus) Wl'C W,___iaoor\2Ol5.94 ).2. -.5':J j; 2 -5'-1- Hourlv Rates $72 90 90 110 100 139 174 270 360 Hourlv Rates $75 60 40 35 25 35 35 40 375 62 48 38 45 65 125 75 110 750 0.35 + 15.0% tXIST.ING IMPRovt"'tNTS APPROXIMATE A~IGHMENT 01' TE~EGRAPH CANVON CREEl< TELEGRAPH CANYON CREEK AERIAL PHOTOGRAPHS a TOPOGRAPHIC MAPS / .). ...>5 -E 'u'" 15.T" A. SHEEr NO. I OF 3 ~ f " '. "'-0'" """"0 .. APPROXIMATE A~IGHMENT OF TE~EGRAPH CANYON CREEK ,,, TELEGRAPH CANYON CREEK AERIAL PHOTOGRAPHS a TOPOGRAPHIC MAPS E~...,,, IT /)to SHEET NO.2 OF 3 1..2 ... .5't, .~ 't ~ "" " .. !" \ :. , ...... ' EXISTING IMPROVEMENTS APPROXIMATE A~IGNMENT OF TE~EGRA"H CANYON CREEl< TELEGRAPH CANYON CREEK AERIAL PHOTOGRAPHS B TOPOGRAPHIC MAPS /). '->7 E)(H ISIT /it. SHEET NO./:3 OF, :3 '. rtlT I \ II - 'I'L ~~\\ I::'" 1~ ... ... I . .~....! \\ \ \... ; ~\\' no, : . ;' .' I' . ,l- II .. . .-\....... .. -. I ....:......; .... .......,............. ., '\...... .,.... e"... ..I r PROJEctUMH . : : ) ]~L~ J I I [111 \ J Ib- - - :::r= hE I;: \ w \ : i i " ., Jll' ., " " ~. i . :;-:. .~.::J.""" 1- ----4 ~.- - i r..,y 'Y 'If . _ I ,," .. ,I.- . ..! .'~'-' .... I ....~ /' ~__n ... -- r" ~ 1-"-' u~ ~ - -, I I \- :'-::-=--. \ \ \ . ," .. ~ ~. , , , . :;;\ III "11'11\ -'~~ r~ 1\\11\ " 'I' 1IITIlIIID.' , 1 CIIIIIIl i .. rr- ' 1 \!l II I: IU I P- ,!I "- .,. " ~ .........' .... : I I , ": ........ ~... ~. '!' I ~ . : ' '~ .. - .i\ .. \\ \. \.... ~ ............. - - - .....\ \I y\ .." --- -- ------ ,.. -, OlU? ,~~~ ' \' , , /' \\" \\ ~U1J1I1 'IIi A \C'\ II J.ULJIIIIIII :3 f:::F:lJ ".-\ r- .cu..""\1 I I / ~ \~ - -...; T . ,- "". /'~.::r ~ t:JJ i ~~ 7T'- tt~ ~ ",,'0 __ II' r\"': I ~'-,l.J,..,:, .t::If- ... --- -..... ~,-:':- ,......- I NORTH SCALE I: I'"~ BOO' - - --- MAIN STREET PHOTOGRAPHIC MAP LOCATION Ex.~'1J" e SHEET NO. I OF I J;;.... f'y ATTACHMENT A COST COMPARISON WORKSHEETS CONTRACT CONSULTANTS VS. IN-HOUSE STAFF The following forms are to be used for comparisons of the cost of hiring consultants to the cost of using in-house staff. Please answer the following questions and complete the attached Cost Comparison Worksheet. If you have any questions regarding these forms, please contact the Revenue Manager. GENERAL: 1. Describe the task(s) to be peiformed. The scope of work of the contract consists of the following tasks: Task 1: Preparation of lOO-scale aerial photographs and 40-scale topographic mapping with I-foot contours of a 400 feet strip of land (200 feet at each side of the creek) along the Telegraph Canyon Creek from the existing culvert at Telegraph Canyon Road to the beginning of the existing concrete channel (between Third and Fourth Avenue). The total length of the project is approximately 8,400 feet. The topographic maps will provide the necessary information to determine the final horizontal and vertical alignment, select the type and size of the channel cross-section and prepare the preliminary design plans for the project including cost estimate and construction phasing. The additional improvements will be designed to accommodate the additional drainage flow that will be generated by the ultimate development of the Telegraph Canyon Basin. The lOO-scale aerial photographs will be used during design and property owners/Council meetings. Task 2: Preparation of a Record of Survey (ROS) along the Telegraph Canyon Creek (same project limits as task 1). The purpose of the ROS is to locate all existing streets right-of-way, property boundaries, channel easements and rights-of-ways and identify any boundary anomalies which may exist. The ROS will be recorded and will provide a solid basis to tie the final channel horizontal alignment and prepare the legal descriptions of the additional right-of-way necessary to accommodate the proposed improvements. /~'51 Page 1 WPC F:\home\engmeer\2000.94 \.\' Task 3: Preparation of I DO-scale aerial photographs of Main Street from Industrial Boulevard to Fourth A venue. The photographs will be used during design and property owners/Council meetings. 2. What is the expected duration of the project/task (number of weeks, months, etc.)? 5 months. 3. How frequently does the City need to do this project (times per month or year, times per development, etc.)? The City rarely engages in this type of work. Aerial mapping is needed only for certain special projects like the GIS mapping and the I-80S interchange modifications design, currently being prepared. 4a. Are there any in-house employees who could perform the task? What classification of employee(s)? No. Currently, the City does not have the staff nor the equipment to perform this type of work. This project requires highly specialized equipment (aerial ground control equipment and aerotriangulation software) and knowledge of aerial survey and aerotriangulation. 4b. If there are such employees, why shouldn't they be utilizedfor this project? N/A. 4c. If such employees would not be used due to workload, what work would be displaced if the task were to be performed in-house? N/A. 4d. If workload is a factor, could staff of lower classification be hired to handle extra work so that staff of higher classification could concentrate their time on the project? Explain. N/A. 5. Would the project take more or less time for in-house stqff versus a consultant (e.g., consultant has pre-prepared boiler plate materials, software, etc.)? It cannot be done in-house. 6. Are there any qualitative reasons to choose either a consultant or in-house staff (e.g., special expertise, knowledge of City operations)? Explain. Yes, the City does not possess the equipment, the expertise or special staff to perform the services required of the consultant. Also, the need for this type of service is so WPC F:\home\engineer\2000.94 1,2 "'4> t:J Page 2 infrequent that in-house expertise cannot be developed and is not cost effective since this type of work is not routinely required. CONSULTANT AGREEMENT: 7. Base Contract Cost: Fixed Fee of $63,138. 8. Applicable rates (including travel, word processing, hourly or daily charges, clerical support, meeting attendance, sales tax, etc.), estimated units per rate, and resultant costs (e.g., five trips from LA @ $50/trip = $250). The base contract cost covers any work necessary to accomplish the job, as outlined in the scope of work, regardless of the hours required. (Fixed Fee) 9. Method and Terms of Payment. Single fixed fee with phased payments. 10. Peiformance guarantees (e.g., withholding of payment for unsatisfactory work, termination of contract, etc.). Ten percent retention of fees until completion and acceptance of project. $1,000,000 in errors and omissions insurance. 11. Is consultant licensed to do business in the City? Yes. Note: H a draft agreement is available, please attach a copy. Agreement will be based upon the City's Standard Two-Party Agreement and on the Scope of Work called for in the RFP (attached). WPC F:\home\engineer\2000.94 I,;.,,/,/ Page 3 CITY OF CHULA VISTA CONSULTANT COST COMPARISON WORKSHEET CONSULTANT COST IN-HOUSE COST Base Contract Cost $63,138.00 Full-Time Equivalent N/A(l) Employee Hourly Wage Consultant Hourly Rate N/A Estimated Actual Hours Estimated Actual Hours N/A Total Base Cost Additional Rates N/A (Aggregate Cost) Total Base Cost $63,138.00 FCR BASED COSTS* FCR BASED COSTS Contract Division Monitoring/Support Costs FCR Factor Subtotal Subtotal (Base + Support Costs) (Base x FCR Factor) OTHER OTHER Supplies, Furniture, and Supplies, Furniture, and Equipment Equipment Business License Tax Other Applicable Tax Other Applicable Tax TOTAL COST $63,138.00 N/A see note (1) (1) Currently, the City does not possess the staff or the equipment to perform this type work. In order to perform such work in-house, the City will have to engage additional professional staff with very specialized skill in the area of photogrametry. The City will also have to purchase equipment such as airplane, very sophisticated aerial camera, computer equipment, and digitizers. Because the City seldom engages in this type of work, it is not cost effective to the City to perform this work in-house. WPC F:\home\engineer\2000.94 I.;. ./,2. Page 4 COUNCIL AGENDA STATEMENT Item 1.3 Meeting Date 7/12/94 SUBMITTED BY: I 75/,.2. Resolution Approving temporary closure on Palomar Street at the MTDB South Line grade crossing Director of Public Wor,k~ City Manager~ ~~ (4/5ths Vote: Yes_NoX) ITEM TITLE: REVIEWED BY: BACKGROUND: The Metropolitan Transit Development Board (MTDB) has awarded the "South Line Grade Crossing Improvement Project, LRT-652A" at Palomar Street to Herzog Contracting Corporation. To complete the necessary work, within the railroad right-of-way, the contractor has requested approval of 2 temporary weekend road closures on Palomar Street. This project will provide for smoother railroad crossings by motorists. RECOMMENDATION: That the City Council approve the resolution which approves 2 temporary weekend street closures on Palomar Street at the MTDB south line grade crossing subject to certain conditions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Herzog Contracting Corporation has submitted a request to the Public Works Department requesting permission to temporarily close the street/trolley crossing at Palomar Street so that the trolley crossings can be improved. These crossings are in need of repair to eliminate the severe jolt experienced by motorists as they cross the railroad tracks and this project will provide a smoother railroad crossing by all vehicular users. The trolley crossing work consists, in general, of removing and replacing the at-grade crossings on the South Line at Palomar Street. Existing asphalt and timber roadbeds, trackwork and trackbed at each crossing will be removed and replaced with new ties and heavier cross-section rail. A Hi-Rail rubber crossing system will be placed at the street crossing surface and asphalt will be used to fill in areas surrounding the rubber crossing. Heavy duty deflector shields will be placed on the ends of the new crossings. If disturbed during construction, existing sidewalk will be replaced. Work on this roadway area also needs to be done due to the impending roadway improvements due to the construction of the Palomar Trolley Shopping Center. It is being requested that the temporary street closure be from 8:00 p.m. Friday to 6:00 am. Monday for two weekends starting this August 5 and ending by August 15. This work requires one weekend per track with two tracks per crossing. The work will only be done during the weekend to keep traffic detours at a minimum. The trolley will have continuous service J J"I Page 2, Item fl Meeting Date 7/12/94 throughout the construction period, but will be sharing one track through the construction area. Staff has reviewed the plans for this work and recommends temporary closure subject to similar conditions with revisions which Council approved on August 4, 1992 for work on F, H, J and Anita Streets: I. The closure be limited to those hours as previously approved by the City Council on August 4, 1992. Each closure will be from 8:00 p.m. Friday through 6:00 a.m. Monday, a period of 58 consecutive hours. 2. An approved traffic control plan be submitted to the Chula Vista Department of Public Works at least two weeks prior to the commencement of the closures. Staff has received the traffic control plans and has tentatively approved them subject to City Council approval of the roadway closure. 3. All detour signing to be maintained by the contractor throughout the length of time that the street crossing is closed to through traffic. 4. The contractor is to notify the Chula Vista Star News, San Diego Union Tribune, CaITrans, and the California Highway Patrol, Chula Vista Police Department, Chula Vista Fire Department, Chula Vista Transit and the Chula Vista Public Works Department at least 48 hours in advance of each road closure. In addition, the contractor shall place an advertisement in the Chula Vista Star News with a map showing the closures, dates, times and alternate routes of travel in advance of each closure. 5. The contractor is to work with CaITrans and obtain any necessary permits needed to allow for the placement of any traffic control detour signing within CalTrans right-of- way. 6. The contractor will make available to all listed above in number 4, 24-hour emergency telephone numbers and names of contract personnel. 7. No closure shall be made until the traffic control plan has been approved by the City and signs are erected at least 48 hours in advance notifying the public of the closure in accordance with California Vehicle Code Sections 21101 and 21103. 8. If work is completed early, then the roadway will be opened to through traffic as soon as practically possible. The construction work will take place within the 58-hour weekend closure period. Staff has looked at the traffic counts for these crossings and has found that volumes are approximately 10% lower on the weekends than on weekdays and Harborside Elementary School is closed for the summer recess. Therefore, it is anticipated that having the closures on the August weekends and providing two alternate routes will pose less of a hardship to area businesses and /3~"'- Page 3, Item n Meeting Date 7/12/94 delivery drivers. Palomar Street just east of Industrial Boulevard IS to be closed for a maximum of two weekends, one weekend per track. Staff does not recommend that any portion of the roadway be maintained open to traffic due to the type of work involved in the area. In order to maintain either one direction of traffic, or two-way traffic on one-half of the roadway, the work would take twice as long and involve more cutting and welding of the rails. Vehicular traffic cannot be diverted to share the opposite side of the roadway with opposing vehicular traffic, since there will be no crossing gate to protect the motoring traffic from the trolley and the freight train. Also, if the area is partially left open, pedestrian and bicycle access must also be provided. If partial vehicular access is maintained, the length of work at this location will be increased from 2 weekends to 4 weekends. Due to the proposed hours of work and the lower volumes of weekend traffic, the detour route does not appear to represent a major traffic problem to staff. With the on- going construction at the Palomar Trolley Shopping Center (south side of Palomar Street between Industrial Blvd. and Broadway), staff will also be coordinating with the developer so that construction impacts over the weekend will be minimized. Conclusion Staff recommends that City Council approve the resolution to temporarily close the Palomar Street railroad crossing just east of Industrial Boulevard to all traffic for a period not to exceed two weekends subject to the conditions listed above A similar procedure was approved by City Council Resolution 16742 on August 4, 1992 for the work on F, H, J and Anita Streets. Representatives from Herzog Contracting Corporation, Mr. Charles R. Clark, Project Engineer has informed staff that he and Mr. Frank Storbakken, Project Manager will be in attendance to answer any questions that the City Council may have regarding this project. The Chamber of Commerce has been informed of this construction project and Council meeting. The principal of Harborside Elementary School, Mr. Henry V. Manriquez has also been notified. FISCAL IMPACT: Not applicable. FXR:CY-029 Attachments: Area Plat / ~ California Vehicle Code Secti and 21103 Letter from Herzog c~~ orporation with Map Resolution #167~O\. WPC M:\home\engineer\agenda\1901.94 13-3//3-1 RESOLUTION NO. / 7.56 ).. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMPORARY CLOSURE ON PALOMAR STREET AT THE MTDB SOUTH LINE GRADE CROSSING WHEREAS, the Metropolitan Transit Board (MTDB) has awarded the "South Line Grade Crossing Improvement Project, LRT- 652A" at Palomar Street to Herzog Contracting Corporation; and WHEREAS, to complete the necessary work, within the railroad right-of-way, the contractor has requested approval of two temporary weekend closures on Palomar Street, which project will provide for smoother railroad crossings by motorists; and WHEREAS, California Vehicle Code 521101 authorizes the city Council to adopt a resolution establishing rules and regulations for the requested temporary closing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve a temporary closure on Palomar Street at the MTDB South Line Grade Crossing subject to the following conditions: 1. The closure be limited to those hours as previously approved by the City Council on August 4, 1992. Each closure will be from 8:00 p.m. Friday through 6:00 a.m. Monday, a period of 58 consecutive hours. 2. An approved traffic control plan be submitted to the Chula vista Department of Public Works at least two weeks prior to the commencement of the closures. (Staff has received the traffic control plans and has tentatively approved them subject to City Council approval of the roadway closure.) 3. All detour signing to be maintained by the contractor throughout the length of time that the street crossing is closed to through traffic. 4. The contractor is to notify the Chula vista Star News, San Diego Union Tribune, CalTrans, and the California Highway Patrol, Chula vista Police Department, Chula vista Fire Department, Chula vista Transit and the Chula vista Public Works Department at least 48 hours in advance of each road closure. In addition, the contractor shall place an advertisement in the Chula vista Star News with a map showing the closures, dates, times and alternate routes of travel in advance of each closure. 5. The contractor is to work with CalTrans and obtain any necessary permits needed to allow for the placement of 13'5 any traffic control detour signing within CalTrans right- of-way. 6. The contractor make available to all listed above in No. 4, 24-hour emergency telephone numbers and names of contract personnel. 7. No closure shall be made until the traffic control plan has been approved by the City and signs are erected at least 48 hours in advance notifying the public of the closure in accordance with California Vehicle Code sections 21101 and 21103. 8. If work is opened to possible. completed early, through traffic then the roadway will be as soon practically Presented by t" "=:1) John P. Lippitt, Director of Public Works Bruce M. Boogaa city Attorney c: \RS\MTDB 1:J...t, --,\... ""0 ~'\ \~W3..A- \I' \\ ~'C:~c::.....- '\\' \ m -; ~~~ ~~ \ :ro_W__..-'l ... yx-\ ), \1 , '\" ~~ \~~ .l\ ~ "r\ \Y:\ V ~. ~R ~ ~'~ ,~ ~L .' ,~\j ?\I . ~:-{.. Subject Location . ..,'1" . \ ~ . r \-\ \. \'~\'\~~~~ ~ '0~,~J:\~ I '\ l;bt ~1rr ~ i T :~.; / ...---..\~.1-~ ( .u t C" I' \ , ' ! ' T- ...--,--.. ........ . " ,: . ,--. :. .' -.... '\ U' ._, ,:...-; \' ') i ; '. \ \ 1 n" ;'; IL 1':\- j " I' 1\\ ).'" ~ .- --- ;j . ~~~~~\ (\&:3~~#~ ~~~~~ nu \~~ IIV' ;::...- .' \ :?0 ~>~ ~ e::::2 ~ . .~;~ ....;~ ~ - ....-.. /-'1 > ~ . --- ~ "' Ai ('" ~., r--~, \~k3~' ll:~\\\.\ " Imt . .. ~, '~1, \1 0/ dll ii1~\\ \ v, V ' L ""'\ llJll f!'T : ml IT i "\' : r PlY w ..L~ H/ _ r4-L \\]:: :::: ~~ \ I \ I IU:~ ~ \1= rr ~,' 'L' ~. . --i...____ . n ~__ I ~ ....... I , : -~ . ! ! , , , , ~ \. \ , ' , \. ] r\,\~ 'I..J 1\ ) ~~ /1 11 "'\1' ~ :. ~.-~_n_l ~u__ . , '. . . .-.... .; I . . -- [' \.~ r-:... ~.._... , , , ' .. _ L .. _ _. - -,-...- -- -:-. .:. . ~:-- :. :: Ii': J : : --' ; I . : ; '.:., 0 I ..,---- v'" \\ aJL- 1 T ..L J - == ~ TT ~ -b! PLAT ---.-.. ~~T~'/~'lj1'L _ TIT L E JJ-7~~~R~A .T , . '. .LlR4WN BY. OM"" ------------ the size and nature ot the streets ot Ul~ f,;uy iIlUU. ......H.. ..................... ~... ......... cbaracteri'" - and nature of the city itself, adopt rules and regulations by ordinanCe esolution on the following matters: . . (a) Regwating the size of vehicles used on streets under their ..-'-':-in ~~~: . (bl Regulating the Dumber of vehicles permitted on streets .lInder their jurisdiction. . (c) Prohibiting the operation, OIl streets under their jurisdiction, of designated classes of vehicles. (d) Establishing noise limits, which are different from those prescribed by this code, for vehicles operated on streets under their jurisdiction and prohihiting the operation 01 vehicles which exceed such limits. (e) Establishing a maximum speed limit lower than that which the local authority otherwise permitted by this code to establish. This section shall not apply to vehicles of utilities which are under the jurisdiction of the Public Utilities Commission while engaged in maintenance and construction type service work. Added A.. I" Slab. 1971. FJr<ct.... ....... 7. 1913. AI'IW!ndecI Ca. .. Stats. 1974. mective Januuy 1. 1975. .~._. IJM ., HWA-.'" 21101. Local authorities, for those hillhways undcr their jurisdiction, may adopt rules and regulations by ordinance or rcsolution on the following matters: (a) Closinll any hillhway to vchicular traffic when. in the opinion of thc legislativc body having jurisdiction, the hillhway is no longer needed for vehicular traffic. (b) De5illDatinll any hillhway a. a throul\h hillhway and requiring that all vehicles ob5crv.. official traffic control devices before entering or crossinR the highway or designatinR any intersection as a stop intenection and requiring an vehicles to stop at one or nwre entrances to the intersection. (c) Prohibitinll the use of particular highways by certain vehicles, except as otherwise provided by the Public Utilities Commission pursuant to Article 2 (commencing with Section IOJI) of Chapter 5 ~f Part I of Division I 01 the Public Utilities Code. No ordinance which 15 adopted pursuant to thi. subdivision alter November 10. 1969, shall apply to any state hillhway which is included in the National System of Interstate and Defense Highways, except an ordinance which bas been approved by the California Tran5pOrtation C.ommission by a Four-fifths vote. (d) Closing particular streets during regular school hours for the purpose of conducting automobile driver training programs in the secondary schools and colleges 01 this statc. . (e) Temporarily closing a ""rtion of any street for celebra~ parades, local special events, and other purposes when. in the op.mon local authorities having jurisdiction, the closing is nece558ry for the safety and protection of persons who are to use that portion of the street during the temporary closing. (I) Prohibiting entry to. or exit from, or both, from any street by means of island5, curhs, traffic barriers, or other roadway design featuf'CS to implement the circulation element of a general plan adopted ~~: to Article 6 (commencinll with Section 653."(0) of Chapter 3 of DivisiC."'zed 01 Title 7 of the Government Code. The rules and rellUlations. autofhorl \ocOI by this subdivision shall be consistent with the responsibilIty government to provide For the health and safety of its citizens. Amended a.. 764. Slab. 1965. _.. J.... 30. 1961\. ond (,;.. Amended Ch. 1365. Slats. 1989. Effecti"~ NO\-embtor 10, 1989. Supenedes Ca. 135 '".&0 .... ..- .......- A.. 7.. Stab. ,902. _We Soptembe< A. ,_ l>l' ....... of .. ...,.", Supenodeo A.. 681 " "" , ~ .., r-......~ .......- ,,,..., .......". !.>uo.. !:..IIa.u",e JIUIUIll)' t. i~. Amended OL 291. Stats. 1983. FJredive January I. 19M. _ A..~ ,. - ,,.,. 21101.2. Local authorities may adopt rules and regul lions ordinance or resolution to provide that if a peace officer as defined -;:; Chapter 4.5 (comme~cing with Section 830) of TItle 3 -;J Part 2 of the P~nal Code, dete~lOes that the traffic load on a particular Street or highway, or a portion thereof, is such that little or no vehicular flow is occumng and,. additionally, if the peace officer finds that a significant number 01 vehicles are not promptly moving when an opportunity arises to do so, then the peace officer may divert vehicles excepting ublie safety or e,!,ergency vehicles, from that street or highway. or ~rtion ther~, subject to traffic congestion until such time as reasonably flowing traffic IS restored. Added Ch. 710, Stals. 1982. ER'ective September a. ._ by tenaI fA... 1Upncy.... locel A"""H,. n.u..", ., G.IH 21101.6. Notwithstanding Section 21101, local authorities may not pia"" gates or other selective devices on any street which deny or restnctlhe access of certalO members of the public to the street, while permlthnll others unrestricted access to the street . ~is section is no~ intended to make a chanRe 'in the existinR law but IS II1tcnded to codIfy the decision of thc Court of Appeal in Ciiy of Lafa~elle v.. Countr of Contra Costa (91 Cal. App. 3d 749). . ThIS section .hal becomc operative on January I, 1990. Rf"IK'alrd and Adckd Cia. NIt, SIals. 19117. Oper..ive J........,. I. .910. I_I AIIIIHHHy ,. a... - 21102. Local authorities may adopt rules and regulations by ordinance o~ resoluhon .closlOg ~o. ~ehicular traffic that portion of any street or hl~h~ay crossmg or ~tvl~mg .any school ground or ~rounds when in the opinion of the legislative body having jurisdiction such closi" is necessary for the protection of persons attending such school or sctool grounds. The closing .to vehicular traffic may be limited to such hours and d~ys as the leg~sla~lVe ~y may specify. No such ordinance or resoluhon shall be effectIVe unh~ appropriate signs giving notice thereof are posted along the street. or hIghway affected, nor in the case of state hIghways. unhl such ordmance or resolution is approved by the Department of Transportation. ,",mendtd 0\. MS.Stals. 1974. EKrctive January 1. 1m. s;pn. ...",- 211OJ. . No ordinance or r<"SOlution enacted under Section 21\01 shall be effective untIl SIgns gIVing notice of the local traffic laws are posted at all entrances to the highway or part thereoF affected. A~nded Ch. 9tf1. ~.ls. 1965. Eff<<tlvr September 17. 196&. Amended Ch. 78, Stah. 1973. F.1feclive January I, 1914. Amended 01. 671, St.ts. 1980. Effective January .. 1981. A,proWII of ".. .~~ ~rum 21104. No ordinance. or resolution proposed to be enacted under Section 21101 or sulxhVlSlOn (d) of Section 21100 is effective as to any hIghway not under the exclusive jurisdiction 01 the local authority enact~ng the same. except that an ordinance or resolution which is submItted to the Department of Transportation by a local legislative body 10 ~mplete drart form fo~ approval prior to the enactment thereof 15 effective as to any state h.ghway or part thereof specified in the wntten approval of the department. No such ordinance or resolution e~acled under subdivision (c) of Section 21101 which applies to any state ~.ghway mcluded m the national system 01 interstate and deFense Ighways, shall subsequently be disapproved until such disapproval has HERZOG COnTRRCnnG !cORP. CA uC. NO. 383493 2115 I-lANCOCK STReET SAN DIEGO. CA 92110 'lUEPI-IONE (619) 49?-059? FAX (619) 49?-O304 W1UJAM E. HERZOG. PRESlOENT July 7, 1994 T .cUef No: 553-046 City of Chula Visla, Engineering Traffic Control Dcpart.w.ent 276 4th Avenue Chulll Vista, California 92010 Attention: Mr. !;nmk Rivera SUBffiCT: PAT .OMAR ST~CT WEEKEND CLOSURE RE: LRT-553, CCO NO.7 Dear Sirs. We noW wish to IC-CI,DSlIUCt thc Palomar SllcCI Trolley CrlJsswg onlhc weekends of August 5-8, 1994, and AugLlSt 12-) 5, 1994. Wc fed that we ClUl complete the prujecl ill one weekend, however, we would like to ask for both weekends, in case there is some unforeseen delays. We will be happy to allend the City Couneil meeting to answer any questions that arrise. Please keep lIS infonned, so thai we can schedule our attendance. Thank you for your time and consideration. If you have any qlleslilJns please call. raIIk StorbakkCll Project ManagCI cc: Job Files, UtT-553 Martin HlIll. 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W . . ,.. /~~';~11'/.;; /"~ ,~~;, . , . .~?'.~:5 I I I I ,ru,-u=--- = ~ 1'1 ~ W ~ o .~ RESOLUTION NO. 16742 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMPORARY CLOSURES AT VARIOUS STREETS CROSSINGS FOR THE MTDB SOUTH LINE GRADE CROSSING IMPROVEMENT PROJECT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Metropolitan Transit Development Board (MTDB) has awarded the "South Line Grade Crossing Improvement Project, LRT-299", which will be affecting the San Diego Tr,oJley railroad crossings at the intersections of: "F" Street, "H" Street, "J" Street and Anita Street; and, ' ',', ' , \ WHEREAS, to complete the necessary work within the railroad right-of-way, the contractor, National Projects, Inc., has requested approval of temporary weekend road closures at these four locations; and, WHEREAS, thi s project wi 11 provi de for smoother rail road crossings by motorists. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve temporary closures at the intersections of "F" Street, "H" Street, "J" Street and Anita Street and the San Diego Trolley railroad crossings subject to the following conditions: I, The closure be limited to those hours as stated in their letter of June 18, 1992. Each closure will be from 8:00 p.m. Friday through 6:00 a.m. Monday, a period of 58 consecutive hours. 2. An approved traffic control plan be submitted to the Chula Vista Department of Public Works at least two weeks prior to the commencement of the closure for each location. 3. All detour signing to be maintained by the contractor throughout the length of time that street crossing is closed to through traffic. 4. The contractor is to notify the Chula Vista Star News, San Diego Union Tribune, CalTrans, the California Highway Patrol, Chula Vista Police Department, Chula Vista Fire Department, Chula Vista Transit and the Chula Vista Public Works Department at least one week in advance of each road closure. 5. The contractor is to work with CalTrans and obtain any necessary permits needed to allow for the placement of any traffic control detour signing with CalTrans right-of-way. 6. The contractor will make available to all listed above in number 4, 24-hour emergency telephone numbers and names of contact personnel. 7. No closure shall be made until the traffic' control plan has been /3"11 Resolution No. 16742 Page 2 approved by the City and signs are erected at least one week in advance notifyi ng the pub 1 i c of the closure in accordance wi th California Vehicle Code Sections 21101 and 21103. 8. If work is completed early. then the roadway will be opened to through traffic as soon as practically possible. ! Jo n P. Lippitt o rector of Public Works A Presented by Bruce M. Boogaard Ci ty Attorney J3--/;J- Resolution No. 16742 Page 3 PASSED, APPROVED and ADOPTED by the Ci ty Council of the Ci ty of Chul a Vista, California, this 4th day of August, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Counei 1 members: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None fi/l4~/ Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16742 was duly passed, approved, and adopted by the City Council held on the 4th day of August, 1992. Executed this 4th day of August, 1992. /3'13 COUNCIL AGENDA STATEMENT ITEM TITLE: Item L Meeting Date 7/12/94 Resolution n 5Q3 Authorizing the Mayor to sign the owner's certificate on behalf of the City consenting to the filing of Tentative Map 94-02 SUBMITTED BY: Director of Public Works Director of Parks & Rec REVIEWED BY: City Manager~ ~ ~ Sunland Communities, a guest builder for McMillin Development, is processing a tentative map for a residential development at the southeast corner of Rancho del Rey Parkway and Rancho del Rey Boulevard in Rancho del Rey. As part of the map, a land swap is proposed between McMillin properties and open space lots owned by the City. Since these lots are shown on the tentative map, the ownership certificate on the map must be signed by the City as owner consenting to the filing of the map. RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to sign the owner's certificate on behalf of the City consenting to the filing of Tentative Map 94-02. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Sunland Communities, as a guest builder for McMillin Development, is in the process of re- subdividing Lot 119 of Rancho del Rey Phase 6 Unit No.2 (Map 12504), located at the southeast corner of Rancho del Rey Parkway and Rancho del Rey Boulevard (see attached Exhibit "A"). As part of the proposed development, McMillin proposes to grant to the City land within Lot 119 in exchange for a portion of Open Space Lot B. Section III of the Subdivision Manual requires owners' signatures on all tentative maps consenting to the filing of the map. The action before Council will authorize the Mayor to sign the ownership certificate on the tentative map for CVT 94-02 on behalf of the City as owner of Open Space Lot B. This action will not approve the tentative maps but will acknowledge that City property is included in the proposal. The signature on the ownership certificate of the map does not indicate approval of the map, nor does it change the City's ability to make changes or add conditions in the future. The map filing is still subject to all the discretionary hearings and actions required by the tentative map approval process. The land swap proposal involves the City granting 0.162 acres of open space to the developer If-I Page 2, Item~ Meeting Date: 7/12/94 and the developer granting 0.704 acres to the City for open space or other purposes. The swap is requested by McMillin and Sunland Communities to provide better lot configuration for the proposed residential development. Impact of this land swap will be analyzed prior to the tentative maps being considered by the Planning Commission and the City Council. Council and Staff will be able to approve, conditionally approve, or deny this land swap with consideration of the tentative map. The City would also be required to sign the final map as an owner of property included in this development prior to Council approval of the final map. Staff will request that Council authorize the Mayor to sign the map on the City's behalf at the time the final map is presented to Council for approval. The property owners within the affected open space maintenance district will be notified of the proposed land swap and be invited to provide input during the public hearings considering the tentative map. If the development is approved, the tentative map conditions will require the developer to revise the open space district maps to reflect the proposed swap. A plat is available for Council viewing. FISCAL IMPACT: None. Sunland Communities is paying all processing fees. If the land swap is ultimately approved there will be a minor increase in open space area resulting in a negligible increase in maintenance costs. Attachments: Plat of proposed property exchange File: EY-390 EAF:lmc (m:\home\engiueer\agenda\sunland.lmc) 1~~2 ~Xl1lJH 1 A CHULA VISTA TRACT NO. 88-01, MAP NO. 12504 RANCHO DEL REY PHASE 6 UNIT 2 LOT 119 AND LOT B POR r/4 see. 70 RANCHO or lA "-'4CION (/,lAP NO lU ! LOT 119 ,-,o'r >> r LEGEND ~ / / / A PORTION TO BE GRANTED TO CITY TOTAL AREA: 0.704 ACRES IV".."h1 PORTION TO BE GRANTED TO DEVELOPER TOTAL AREA: 0.162 ACRES VICINITY !.lAP -,.""'" FILE NO. EY-390 DWN BY: LMC DATE: 6/27/94 SUNLAND IN RANCHO DEL REY LOT 119 MAP 12504 1t.f~3 'I RESOLUTION NO. /'1...5&3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO SIGN THE OWNER'S CERTIFICATE ON BEHALF OF THE CITY CONSENTING TO THE FILING OF TENTATIVE MAP 94- 02 WHEREAS, Sunland Communities, a guest builder for McMillin Development, is processing a tentative map for a residential development at the southeast corner of Rancho del Rey Parkway and Rancho del Rey Boulevard in Rancho del Rey; and WHEREAS, as part of the map, a land swap is proposed between McMillin properties and open space lots owned by the City; and WHEREAS, since these lots are shown on the tentative map, the ownership legend on the map is required to be signed by the City as owner. NOW, THEREFORE, BE IT FURTHER RESOLVED the City of the City of Chula vista does hereby authorize the Mayor the owner's certificate on behalf of the City consenti filing of Tentative Map 94-02. C:\rs\tenmap94.2 Council to sign to the Presented by :v John P. Lippitt, Director of Public Works N.~~ COUNCIL AGENDA STATEMENT Item 1..5' Meeting Date 7/12/94 ITEM TITLE: Report Regarding Implementation of Off-site Mitigation Measures for Impacts to the California Gnatcatcher as a Result of Rancho Del Rey SPA III SUBMITTED BY: Director of Planning ~I REVIEWED BY: City Manag~ 'cJ~ (4/5ths Vote: Yes_No_XJ McMillin Communities is currently proceeding with the preparation of final maps, improvement plans, etc. for Rancho Del Rey SPA III, which was approved by the City Council on January 15, 1991. As a part of the development process, the Mitigation Monitoring and Reporting Program (MMRP) for Rancho Del Rey SPA III is being implemented. Numerous mitigation measures regarding the loss of Coastal Sage Scrub (CSS) and its impact to the California Gnatcatcher were included in the Final EIR for the project and the MMRP. McMillin Communities is in the process of acquiring off-site mitigation land in O'Neal Canyon to comply with the mitigation measures in the FEIR and MMRP. McMillin Communities has requested a letter from City stating that the City concurs that O'Neal Canyon is acceptable off- site mitigation land for this project. RECOMMENDATION: Authorize staff to send a letter to McMillin Communities concurring that O'Neal Canyon is acceptable off-site mitigation land for this project. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The Final Environmental Impact Report (FEIR) for Rancho Del Rey SPA III was certified by the City Council on January 15, 1991, at which time the project was also approved. The FEIR for Rancho Del Rey SPA III identified significant biological impacts including impacts to Coastal Sage Scrub (CSS) and California Gnatcatchers. The FEIR included mitigation measures that allowed the impacts to the CSS to be mitigated off-site if acceptable land could be found. On January 2, 1992 the U.S. Fish and Wildlife Service (USF&WS) issued a letter to McMillin Communities that constituted a "pre-listing agreement" between the Service and McMillin. The agreement anticipated the listing of the gnatcatcher which in fact did occur on March 21, 1993. The January 2, 1992 letter agreed upon mitigation that consisted of four options including three 1..5"/ Page 2, Item Meeting Date 7/12/94 /5 alternatives for off-site mitigation and one alternative for on-site mitigation. These options were contained in the Final EIR. The four agreed-to mitigation options are: 1. On-site mitigation by preserving 70 acres of CSS within the specialty housing area for a total of 148 acres of open space; 2. Off-site mitigation through the purchase of preservation of at least 187 acres of CSS which supports at least 17 pairs of California Gnatcatchers; 3. Off-site mitigation through the purchase and preservation of at least 256 acres of CSS which supports at least 10 pairs of California Gnatcatchers; OR 4. Off-site mitigation through the purchase and preservation of at least 256 acres of CSS habitats which may support less than 10 pairs of California Gnatcatchers but which meets or exceeds the conservation goals of options 1, 2 and 3 and meets 5 specific criteria for acceptability (see Attachment 1, page 2, paragraph 4). On June 12, 1991, the City Council adopted an Amended Mitigation Monitoring and Reporting Program (MMRP) for Rancho Del Rey SPA III. The Amended MMRP recognized that the mitigation for biological impacts had been further refined based on the "Pre-Listing Agreement" and that the language from USF&WS would be included in the MMRP. Current Status Staff has have been advised that McMillin Communities wishes to exercise option 4 of the pre- listing agreement which in summary requires the acquisition and preservation of an off-site area of coastal sage scrub habitat. The site must make a significant contribution to a regional open space design benefitting the gnatcatcher, it must provide multiple species conservation benefits, it must have the potential for gnatcatcher habitat restoration and enhancement through management actions and the site must provide a critical ecological function for adjacent areas of gnatcatcher habitat. In addition, a management plan shall be prepared and implemented for both remaining open space on SPA III and the off-site mitigation location which shall be approved by the City and the USF&WS. McMillin Communities proposes to transfer and deed mitigation land to the "Nature Conservancy", a regional habitat management organization that currently manages mitigation property in O'Neal Canyon. Approximately 400 acres in O'Neal Canyon would be transferred to meet the off-site mitigation requirements for Rancho Del Rey SPA III. The only responsibility the City would have regarding the long-term preservation of this mitigation site would be the review of the management plan. There would be no longer-term financial If',). / Page 3, Item / j Meeting Date 7/12/94 commitment. As stated in the April 25, 1994 joint letter from USF&WS and CFG (see Attachment 1), the O'Neal Canyon site (see Attachment 2) meets the five criteria summarized above and detailed in the joint letter. The USF&WS and the CFG have determined that the acquisition and management of the approximately 400 acre subject site would fulfill the off-site acquisition needs for the Rancho Del Rey SPA III. Planning Department staff, after independent review of the requirements for mitigation and the proposal from McMillin, concurs with the USF&WS and CFG that the transfer of O'Neal Canyon by McMillin to the "Nature Conservancy" would fulfill the off-site acquisition requirements. McMillin Communities will still need to submit a management plan for O'Neal Canyon to USF&WS, CFG and the City of Chula Vista for approval. FISCAL IMPACT: All staff time to implement this proposal would be reimbursed by McMillin through the full cost recovery provision of the mitigation monitoring program. Attachments 1. Joint Letter from USF&WS and CFG 2. Map of location of O'Neal Canyon (f: \home\planning\oneal. rpt) 15'3/;5-+ ~-7~N .. ,.,- '-'.' U.S. Fish & Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 (619) 431-9440 FAX: (619) 431-9618 " CA nept. of Fish & Game 1416 Ninth Street PO Box 944209 Sacramento CA 94244-2090 (916) 653-7667 FAX: (916) 653.1856 April 25, 1994 Craig Fukiyama McMillin Communities 2727 Hoover Avenue National City, California 91950 Re: Rancho Del Rey Spa-3, Chula Vista, California Dear Mr. Fukiyama: The U.S. Fish and Wildlife Service (Service) and California Department of Fish and Game (CDFG) have reviewed your proposal to mitigate for impacts to the federally threatened California gnatcatcher (PolioDtila californica californica; gnatcatcher) which are expected .to result from development of Rancho del Rey Spa-3. We provide the following determination on the adequacy of this proposed mitigation. This letter is based on information provided in: Final Supplemental Environmental Impact Report, Rancho del Rey SPA III, November 1990; a letter to you from the Service dated January 2, 1992; a letter from Barry Jones dated February 11, 1994; and a memo from Barry Jones dated March 30, 1994. Pro1ect Back~round The proposed Rancho del Rey project involves development of residential units, a school, and community facilities on a 403-acre parcel supporting 374 acres of gnatcatcher-occupied coastal sage scrub. The site also supports coastal cactus wren (CamDvlorhvnchus brunneicaDillus couesi), orange-throated whiptail (CnemidoDhorus hvnerthvrus), San Diego barrel cactus (Ferocactus viridescens) and snake cholla (ODuntia Darrvi var. sernentina), all of which are federal . candidates for listing as threatened or endangered or State Species of Special Concern. The habitat on-site is valuable due to its biodiversity and the high density of gnatcatchers it supports. Gnatcatchers occurring coastally are believed to occur in greater densities than those further inland (Mock 1993), and very little coastal sage scrub remains in San Diego County that is as near the coast as the Rancho del Rey site. Approximately 256 out of 374 acres of coastal sage scrub on Rancho del Rey Spa-3 would be directly removed by the proposed development. The resulting reduction in habitat patch size and other indirect impacts of development such as disturbance from humans and pets are expected to further reduce the viability of the remaining habitat, thus the project is expected to impact the entire 374 acres of sage scrub on-site. Approximately 17 pairs of gnatcatchers are expected to be adversely affected by the project. " ,. /~f' ATTACHMENT 1 Mr. Fukiyama 2 Mlt12ation Reauirements After a series of discussions between McMillin, their consultant, the Service and the City of Chula Vista in 1991 and 1992, an informal agreement was made between the involved parties to implement one of four options as mitigation for impacts to the gnatcatcher. The 1992 letter from the Service outlined these mitigation options: 1. "that the developer acquire and preserve an off-site area of costal sage scrub habitat encompassing at least 187 acres which supports at least 17 pairs of California gnatcatcher; or" 2. "acquire and preserve an off-site area of coastal sage scrub habitat encompassing at least 256 acres which supports 10 pairs of California gnatcatchers; or" 3. "if an off-site mitigation area cannot be found, the project proponent shall preserve the 70 acres of coastal sage scrub habitat (of the 86 total acres) of the specialty housing area on-site in addition to the 117 acres of coastal sage scrub habitat proposed for open space (of the 148 total acres of open space) as described in the Rancho Del Rey SPA III EIR; or" 4. "acquire and preserve an off-site area of coastal sage scrub habitat acknowledged by the U.S. Fish and Wildlife Service and the City of Chula Vista to equal or exceed the conservation goals" of options 1, 2, and 3 above. Specifically, "Acquire and preserve an off-site area or areas of coastal sage scrub habitat which may have fewer than 10 pair of currently resident California gnatcatchers, but which meets or exceeds the conservation value of the options listed above. The area or areas shall contain not less than 256 acres of natural habitat but may contain more acreage depending upon the site specific evaluation of habitat values. Implementation of this option requires that the off-site preservation location and plan be approved by both the City of Chula Vista and the USFWS. The criteria for acceptability of this option includes: 1) the site makes a significant contribution to a regional natural open space design benefitting the California gnatcatcher; 2) the site provides multiple species conservation benefits; 3) the site has the potential for California gnatcatcher habitat restoration and enhancement through management actions; 4) the site provides a critical ecological function for adjacent areas of California gnatcatcher habitat (e.g. corridor, dispersal area, buffer, etc.); and 5) an active California gnatcatcher management plan shall be prepared and implemented for both remaining open space on SPA III and the off-site mitigation location(s). This plan shall be approved by the City and the USFWS." IY~ , \:- Mr. Fukiyama 3 It is our understanding that McMillin intends to use the fourth option to fulfill the project's mitigation needs. Several noteworthy events have occurred subsequent to the 1992 agreement: 1) The State of California, under the Natural Community Conservation Planning Act of 1991 (NCCP), instigated a program to conserve southern California's coastal sage scrub and populations of its native animal and plant species in areas large enough to ensure their long-term viability; 2) As anticipated at the time of the Rancho del Rey agreement, the gnatcatcher was listed as federally threatened in March of 1993; 3) In recognition and support of the NCCP program, the Service published a special rule for the California gnatcatcher under section 4(d) of the Endangered Species Act in December, 1993 (CFR 58:236). The special rule specifies conditions under which take of gnatcatchers would not be in violation of section 9. Participation in the NCCP program involves generation of long-term conservation plans which would be developed by local governments under guidelines provided through NCCP, and subject to approval by CDFG and the Service. Since the City of Chula Vista is enrolled in the NCCP program, all gnatcatcher impacts within the City's jurisdiction should be analyzed in terms of consistency with the long-term conservation program being generated for the coastal sage scrub ecosystem. The Clean Water Program's Multi-Species Conservation Plan (MSCP), intended to be an NCCP subregional plan, has involved generation of habitat evaluation maps which are helpful in determining whether projects are likely to be consistent with long-term conservation planning. These evaluations indicate that the Rancho del Rey site consists of "high" and "moderate" quality habitat under both the multiple habitat evaluation model and the California gnatcatcher habitat evaluation model. The site was not mapped as having "very high" quality habitat because it is relatively isolated from other habitat. Although the site falls entirely within the MSCP's "preferred biological" alternative preserve design, it lies outside of the "multiple habitat", "coastal sage scrub", and "public landa" alternatives. NCCP data, independent of MSCP, also indicate that the Rancho del Rey site has high or intermediate conservation potential but may be relatively unsuitable for long-term conservation due to its somewhat isolated nature (pers. comm., Pete Stine, USFWS). Based on these evaluations, the Service and CDFG deem off-site mitigation to be acceptable for this project. A joint letter written by the Service and CDFG dated December 30, 1993, clarifies the NCCP interim process for coastal sage scrub habitat loss. The letter states that projects proposed in high and intermediate value habitats are to be mitigated at a ratio of greater than 1: 1. While the Service and CDFG must adhere to the NCCP process, the Service intenda to make a good faith effort at honoring the informal pre-listing agreement made in 1992. /y? Kr. Fukiyama 4 Pronosed Miti2ation To mitigate for project-related gnatcatcher impacts, KcMillin proposes to acquire, in fee, a 358.6-acre parcel in O'Neal Canyon (see attached map). The proposed site supports 257.86 acres of coastal sage scrub with approximately five gnatcatcher pairs. Also on the site are 73 acres of chaparral, 17.3 acres of tecate cypress forest, 10.1 acres of disturbed land and 0.3 acres of developed land. Several species which have been observed on the site are federal candidates for listing as threatened or endangered or State Species of Special Concern: Bell's sage sparrow (Amohisuiza belli belli), rufous-crowned sparrow (Aimouhila ruficeus), tecate cypress (Cuuressus forbesii), San Diego goldenstars (Muilla clevelandii), coast barrel cactus (Ferocactus viridescens), and Otay manzanita (Arctostauhvlos otavensis). A seasonal stream runs through the canyon from Otay Mountain to Otay River. The proposed mitigation site has high long term conservation value in the context of the subregional NCCP. The parcel links land owned by the Bureau of Land Management, to the southeast, with open space on Otay Ranch, to the northwest. The MSCP habitat evaluation model ranks the site as having very high and high quality habitat, and this site is included in all four MSCP preserve alternatives. Adeauacv of Prooosed Miti2ation The habitat to be acquired for mitigation is located considerably further inland, has a lower density of gnatcatchers, and has a discernably different assemblage of plants and animals than the Rancho del Rey SPA-3 site. However, the 358.6-acre site meets the fourth option's requirement of acquiring at least 256 acres of habitat, and the site supports good quality habitat for multiple species in a regionally significant location. The Service and CDFG are thus willing to accept the site as mitigation under the fourth option. This would represent approximately a 1:1 mitigation ratio for direct impacts to coastal sage scrub plus an additional 90.3 acres of chaparral and tecate cypress forest. The proposed mitigation would thus be consistent with the conditions of our January 2, 1992 letter as well as minimally meeting the NCCP interim habitat loss requirement of a mitigation ratio greater than 1:1 for intermediate and high quality habitat. The fifth criterion under option number four of the 1992 mitigation agreement calls for preparation and implementation of a California gnatcatcher management plan for the mitigation lands. This plan is yet to be developed, and is subject to approval by the Service and the City of Chula Vista. In conclusion, CDFG and the Service concur that acquisition and management of the 358.6-acre subject site would fulfill the off-site acquisition needs for the Rancho del Rey SPA 3 development, given that the site proposed for development does not appear to be a key component of a long-term conservation strategy. We expect to be meeting with you and the City in the near future to discuss the appropriate permitting or exemption process to pursue for this project. I'yr Mr. Fukiyama 5 If you have any questions or comments, please contact Ellen Berryman of the Service's Carlsbad Office at (619) 431-9440 or Dave Lawhead of CDFG's San Diego office at (619) 688-0116. Sincerely, <~~ 1f Larry Eng, PhD. NCCP Program Manager Department of Fish and Game Sacramento, California c. ~bz~~ Gail C. Kobetich, Supervisor Carlsbad Field Office u.S. Fish and Wildlife Service Carlsbad, California /~7 ~ -, ~ -{ v"""'="''''''''''''''~'''- - /,,:'00 , ; ", 0< /~~~:;:!~.' '~/::::- ; rp~~'~; ~ ~ .~~/; ~.~ " ( ~r,_ \':1,,~~~.o 3' _' '1:':'~1__~-;---c .~ oOO~O," .Ira ~ . , , o ~",=,,"':;''e~- _~?S ~p ~> M CHULA VISTA PLANNING DEPARTMENT ~ APPLICANT: McMILLIN PROJECT DESCRIPTION: COMMUNITIES RDR SPA m ADDRESS: O'NEAL CANYON Mitigation Monitoring Program SCALE: FILE NUMBER: MMP-91-04, DQ-069, FJ-004 NORTH NONE VARIOUS /f'ilt' ATTACHMENT 2 ;r ~ y;1::;~';, .i.. ,/.:7 COUNCIL INFORMATION MEMO July 11, 1994 FROM: Th< Roo"""" M,yo, "'" City ~," f John Goss, City Manager~ ~~~/ Ken Lee, Acting Director of Planning t1/' TO: VIA: SUBJECT: Correction in Council Agenda Statement for Rancho del Rey SPA m Off-Site Mitigation This agenda statement notes that McMillin is transferring the proposed mitigation property to the "Nature Conservancy." This is not correct; the property is to be transferred to the "Environmental Trust." / ~C; ~ n Item Meeting Date /" COUNCIL AGENDA STATEMENT 7/12/94 SUBMITTED BY: PUBLIC HEARING Consideration of Rate Increase for Collection and Disposal of Refuse RESOLUTION 174~pprOVing Rate Schedules for Collection and Disposal of Refuse Effective 7/1/94 Deputy city Manager Krempl ~ r- <1:L.. Principal Ma~agem1\t. Assistant snyderua City Manage~ ()~\ (4/sths Vote: Yes_ NO..JL) TITLE: REVIEWED BY: The County of San Diego and the newly-formed Solid Waste Authority have recently approved an increase in landfill tip fees from $43 per ton to $55 per ton effective 7/1/94. Accordingly, and consistent with Section 8.23.090 of the Chula vista Municipal Code, Laidlaw has requested a rate increase in the landfill component of the current rate schedules. The proposed rate schedules do not include any changes in the operational costs due to the CPI increase, the franchise fee component or the curbside recycling charge. The adjustment for the 28 percent increase in landfill tip fees has the effect of increasing the single-family residential rate from the current cost of $14.43 per month to $16.17 per month, an overall increase of 12 percent. RECOMMENDATION: Adopt resolution approving the rate schedules to be effective 7/1/94. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Rate Structure For background, Council approved a methodology in August 1991 for the calculation of refuse collection and disposal rates. With that change, the rate is made up of several components: o Landfill disposal fee Paid to landfill operator for disposal; amount set by operator. o Franchise fee Remitted to the City to offset public costs of maintaining streets, etc.; amount set by city Council. o Other costs Laidlaw's cost of service, capital investments, etc. It"'/ Page 2, Item J (, Meeting Date 7/12/94 The Waste Management Franchise in the Municipal Code allows a pass through of landfill disposal fees as long as the proportion of change requested in that component does not exceed the proportion of change in tip fees at the landfill. Tip fees were last increased by the County effective 7/1/93 when the rate was set at $43 per ton. Laidlaw's last increase request was based only on a pass through of that tip fee increase and was approved by Council at the 7/27/93 meeting as a rate change retroactive to 7/1/93. The landfill component is the only part of the rate which is addressed by this request and report. The franchise fee and "other costs" components will remain unchanged at this time if the recommended action is approved. Attachment A presents the proposed residential and commercial rate schedules reflecting the increase in the landfill rate component to be effective 7/1/94. Examples of the impact on the rates are as follows: Tvpe of Service Current Rates as of 6/30/94 $14.43* Proposed Rates effective 7/1/94 Residential (Single family) $16.17* Trailer Parks & Motels (Minimum per month) $22.13 $23.97 Senior "Yellow Bag" Program $52.54 $14.32 $58.91 $16.01 Commercial & Industrial (One time weekly) * Includes $1.10 for curbside recycling which is not recommended to change as a result of this action Future Rate Adiustments The recent action taken by the County (and Solid Waste Authority) to raise tip fees on 7/1/94 has been the catalyst for Laidlaw to bring forward a rate modification request involving a number of changes, including the landfill component, a 2.1 percent CPI increase on the "other" component, adjustment of the single-family recycling rate, etc. The only rate increase being recommended at this time is the pass- through cost of the landfill component. The other issues are being discussed and reviewed at the staff level and will be the subject of a future report when the appropriate justification is available. //,~;J.. Page 3, Item ;I~ Meeting Date 7/12/94 FISCAL IMPACT: For single family residential, the rate for refuse collection is proposed to increase from $14.43 per month to $16.17 per month, representing an overall 12 percent increase. The impact on all rate payers is indicated in Attachment A. It is proposed that the city's franchise fee remain unchanged at this time. In addition, consistent with Council's action last July, this recommended action will be "revenue neutral" with regard to the City's total franchise fee collection. Laidlaw's higher gross receipts (needed to offset the higher tip fee expenses) will not result in additional franchise fees to be paid to the City. Total franchise fees for FY 1994-95 are currently estimated at $820,090. The franchise fee issue will be revisited with Council later on when the CPI request is addressed. It ~;! RESOLUTION NO. 17564 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RATE SCHEDULES FOR COLLECTION AND DISPOSAL OF REFUSE EFFECTIVE 7/1/94 WHEREAS, the County of San Diego and the newly-formed Solid Waste Authority have recently approved an increase in landfill tip fees from $43 per ton to $55 per ton effective 7/1/94; and WHEREAS, according, and consistent with section 8.23.090 of the Chula vista Municipal Code, Laidlaw has requested a rate increase in the landfill component of the current rate schedules; and WHEREAS, the proposed rate schedules do not include any changes in the operational costs due to the CPI increase, the franchise fee component or the curbside recycling charge; and WHEREAS, the City Council held a public hearing on July 12, 1994 to consider the approval of the rate schedules. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the rate schedules for collection and disposal of refuse effective 7/1/94 set forth in Attachment A, incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the City Manager is directed to develop a notice to the ratepayers notifying them of the reasons for the increase to be included with the bill for services. Presented by Approved as to form by ilt I <d:/AJ / Bruce M. Boogaard, Attorney George Krempl, Deputy City city Manager C: \ rs\ trashrate. inc /6-+ FILE: CVRES794 16-28-94 iEX.IS,TIIIlGiI WASTE RATE"-T fi0'30:"'114 COLUMN: IAl , RESIDENTIAL UNITS: SINGLE FAMILY ADD SETTlEMNT YEAR:;' .AOJ ['1 CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1 -94 RESIDENTIAL RATES , UNADJusren, WASlE RATE AT &;"30"'114 [A+8) I FRANCHISE .. ..FEIL. Ie} [DI Mum LINTS AFT8'l ONE EACH ADDITIONAL UNT $0.89 $5.85 $6.70 $0.67 $5.85 $4.07 MINIMUM PER MONTH TWO TIMES WEEKLY THREE TIMES WEEKLY FOUR TIMES WEEKLY DAilY PICK UP 6 llME~... CENTRAL L $0.21 $0.08 $0.09 $0.11 $0.13 OCAtION\; $22.34 $1.60 $5.85 $14.891 $9.97 $0.62 $5.85 $3.50 ! $11.76 $0.76 $5.85 $5.15 ! $13.44 $0.89 $5.85 $6.70 i $14.94 $1.01 $5.85 $8.081 TRAILER PARKS (INDIVIDUAL CAN SERVICE) PER UNIT; ONE COllECTION WEEKLY . ,+ ....... $0.08 $10.59 $0.67 $5.85; $4.07 I TWO COllECTIONS WEEKLY $0.11 i $13.05 $0.86 $5.85 $6.34 I SENIOR "YELLOW BAG' PROGRAM: 26 BAG PURCHASE 2fi BAG PURCHASE DEUVEAED TO HOME COMMERCIAL AND INDUSTRIAL: UP TO 2) 40 GAL CONTAINERS ONE TIME WEEKLY TWO TIMES WEEKLY THREE TIMES WEEKLY ~ , (J) $0.12 $0.22 $0.33 $14.44 $0.98 $5.63 $7.83 $25.93 . . $1.76 $10.09 $14.08 $38.25 ... $2.59 $14.90 $20.76 RATE MODIFICATION LANDFILL FEE INCR27.0'% IFI ID X 27.11%] $1.63 $1.631 NE'I(! WASTE RATE AT 7_1"'-0'4 I'] $0.891 $0.67 [HI [D+F] $7.481 $7.48 OTHER RATE 1'1 [C+H+E) .1 :::~~ . .... > :: $1.63 $1.60 $7.48 $14.89 $1.63 $0.62 $7.48 $3.50 $1.63 $0.76 $7.48 $5.15 $1.63 $0.89 $7.48 $6.70 $1.63 $1.01 $7.48 $8.08 f- $1.631 $1.63 $1.57 $2.821 $4.16 $0.671 $0.86 $7.481 $4.07. $7.48 $6.34'. ! $0.98 $1.76 $2.59 $7.20 $12.91 $19.06 $7.83 . $14.08 $20.76 ENTlAE RATE IiDDIRCATION [J-A] I $1.74 I $1.71 $1.84 $1.71 $1.72 $1.74 $1.76 I $1.71 I $1.74 I $6.37 I $6.37 $1.69 $3.04 $4.49 :P- M" M" '" (") ::> 3 ro :::l M" :P- FILE: CVCOM794 6-28-94 RATE LEVEL '-.- ~ MINIMUM RATE 1 1 ~ MAXIMUM RATE__ 1 1 13 MINIMUM RATE 1 2 2. MAXIMUM RATE 1 2 2. MINIMUM RATE 1 3 39 MAXIMUM RATE 1 -~ ~ : MINIMUM RATE 1 4 52 ! MAXIMUM RATE 1 4 52 MINIMUM RATE 1 5 .5 MAXIMUM RATE 1 5 .5 MINIMUM RATE 1 6, 78 MAXIMUM RATE 1 6' 78 MINIMUM RATE 1 7 91 : MAXIMUM RATE 1 7 91 ',- MINIMUM RATE 2 1 2. MAXIMUM RATE 2 1 28 MINMUM RATE 2 2 52 MAXIMUM RATE 2 2 52 MINMUM RATE 2 - 3 78 MAXIMUM RATE 2 3' 78 MINIMUM RATE 2 4 10. MAXIMUM RATE 2 4 10. I MINIMUM RATE 2, 5 130 MAXIMUM RATE 2' 5 130 MINIMUM RATE 2' 6 156 ! MAXIMUM RATE 2! 6 ~ MINIMUM RATE 2!7 182 i MAXIMUM RATE 21 7 1821 SETllEllENT YEARi',~ CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-94 COMMERCIAL RATES """ I UNAbJUSrEo WASTE i flATEAT I FRANCHISE O-:s,O-1l4LFE:E oTHER RATE $0.34 l $0.40 ~ $0.57 $0.68 $0.79 $0.95 $1.04 $1.24 $UB 1 $1.52 ! $1.53 $1.84 $1.82 $2.14 $73.42 S5,11 1 $24.90 $43.41 ~_. $84.09 $5.96 : $24.90 $53.23 $126.90 $8.64 I $49.80 $68.47 $145.76 $10.14 $49.80 i $85.83 , $178.83 i $12.04 $74.69 $92.10 $207.04 $14.28 $74.69 $118.07 $235.84 .$15.84 $99.59 $120.40 $270.56 $18.61 $99.59 $152.36 i $290.68 $19.48 $124.49 $146.71 1 $334.23 $22.94 $124.49 $186.79 $347.80 $23.29 $149.39 $175.12 $403.81 $27.75 $149.39 $226.67 $411.09 i $27.60 $174.28 $209.21 $469.70 $32.26 $17~.28 $263.15 '-.... 0-.. I 0-., $133.69 $9.18 $49.80 $74.72 " $156.59 $11.00 - $49.80 $95.79 I ~_ $248.24 $16.83 $99.59 $131.82 $274.08 $18.89 $99.59 $155.60 $338.54 _$22.56 $149.39 $166.59 $379.81 ! $25.84 $149.39 $204.59 $441 .50 $2~.29 $199.18 $213.03 $492.80 i $33.37 ; $199.18 $260.25 '- $552.00 $36.62 : $248.98 i $266.41 $601.41 $40.55 $248.98 $311.88 $670.69 $44.61 $298J7 : $327.32 $730.97 $49.40 $298.77 $382.80 $789.37 $52.59 $348.57 $388.21 , $853.93 $57.72 $348.57 $447.63 ! BAn:: !MPDIFICATION LANDFILL FEE INCFI.27;1l% $6.95 ~__.$6.95 I $13.89 i $13.89 $20.84 $20.84 $27.79 $27.79 $34.73 $34.73 $41.68 : $41.68 $48.63 $48.63 $13.89 $13.89 $27.79 $27.79 $41.68 I $41.68 $55.57 $55.57 ! $69.46 $69.46 $83.36 1 $83.36 $97.25 $97.25 PAGE 1 of3 NEW NEWRAlE COMPONENTs WASTE FRANCHISE I LANDFILL OTHER RATE AT FEE RATE RATE 7;.;..;,1'"':'94 $5,11 1 $31.84 $43.41 $5.96 < $31.84 $53.23 $8.64 $63.69 $68.47 $10.14 $63.69 $85.83 $12.04 $95.53 $92.10 $14.28 $95.53 $118.07 $15.84 $127.38 $120.40 $18.61 $127.38 $152.36 $19.48 $159.22 $146.71 $22.94 $159.22 $186.79 $23.29 $191.07 $175.12 $27.75 $191.07 $226.67 $27.60 $222.91 $209.21 $32.26 $222.91 $263.15 $9.18 $63.69 $11.00 ! $63.69 $16.83 $127.38 $18.89 $127.38 $22.56 $191,07 $25.84 $191.07 $29.29 $254.75 $33.37 $254.75 $36.62 $318.44 $40.55 $318.44, $44.61 $382.13 $49.40 $382.13 ! r $52.59 I $445.81 $57.72 $445.82 ENTIRE RATE M::lDIFIC"llON 1 $7.28 , $7.35 $14.47 $14.57 $21.63 $21.79 $28.82 ' $29.02 $36.01 $36.25 $43.21 $43.52 $50.45 $50.76 $14.50 i $14.63 : $28.90 i $29.04 $43.16 $43.39 $57.50 $57.77 $71.87 $72,13 $86.28 $86.62 $100.70 $101.06 FILE: CVCOM794 6-28-94 RATE iNO.lw~~,~ LEVEL !OlNSlplU .It.t.JNTH MINIMUM RATE 3i 1 3. MAXIMUM RATE 3 1 3. MINIMUM RATE 3 2 78 MAXIMUM RATE 3 2 78 : MINIMUM RATE 3 3 117 MAXIMUM RATE 3 3 117 ' ! MINIMUM RATE 3 4 1561 MAXIMUM RATE 3 4 ,.6 MINIMUM RATE 3 5 '" MAXIMUM RATE 3 5 '" MINIMUM RATE 3 6 23' MAXIMUM RATE 3 6 23. MINMUM RATE 3 7 273 MAXIMUM RATE 3 7 273 MINIMUM RATE 4 1 .2 MAXIMUM RATE i 4 1 .2 MINIMUM RATE ! 4 2 I.' MAXIMUM RATE i 4 2 I.' MINIMUM RATE 4 3 ,.6 MAXIMUM RATE 4 3 ,.6 MINIMUM RATE i 4 4 2.8 MAXIMUM RATE 4 4 2.8 MINIMUM RATE 4 5 26. MAXIMUM RATE 4 5 26. I MINIMUM RATE 4 6 312 MAXIMUM RATE i 4 6 312 MINIMUM RATE 4 7 36. MAXIMUM RATE ! 4 7 36. ~ , "-'1 ~ I ~nuc~ml YEAR Il'ADJ I $0.88 I $1.15 $1.40 $1.93 $2.25 $2.75 $3.15 $3.76 $3.98 $4.79 $4.88__ $5.82 $6.~_~ $6.85 $7_.]~ CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1 -94 COMMERCIAL RATES UNADJusreo WASTE RATE AT FRANCHISE &_~~_04 FeE ~]94.32 $13.27 $74.69 $106.36 $229.64 $16.08 $74.69 ' $138.87 $346.88 $23.22 $149.39 $174.27 $392.54 $26.85 $149.39 $216.30 $485.20 I $32.04 $224.08 $229.08 $586.91 $40.13 $224.08 I $322.71 $645.99 i $42.64 $298.77 $304.58 I $705.24 $47.35 $298.77 $359.12 I $806.51 $53.22 $373.46 $379.83 $869.12 $58.20 $373.46 $437.46 $993.63 $65.92 $448.16 $479.56 $1,020.50 - $68..6 I $448.16 $504.29 $1,193.90 $79.66 i $522.85 $591.39 $1,227.05 $82.30 $522.85 $621.90 __ $255.49 $17.41 $99.59 $138.49 $300.52 $20.99 $99.59 $179.94 I $443.20 $29.42 $199.18 $214.60 I $501 .14 $34.03 $199.18 $267.93 $639.33 $42.11 $298.77 $298.45 i $710.87 $47.80 $298.77 $364.30 $868.35 $57.41 $398.36 $412.58 . $908.96 $60.64 $398.36 $449.96 i $1,102.12 $73.09 $497.95 $531.08 ' $1,118.87 $74.42 , $497.95 $546.49 $1,336.33 $88.81 I $597.54 $649.99 ! $1,396',46 $93.59 $597.54 $705.33 I $1,570.34 $104.51 $697.13 $768.70 i !~!,63~.~~ $109.28 ! $697.13 $823.93 ' AATE MODIFICATION: LAND FlLLFEE INCAtl:7.0'Ji;; $20.84 $20.84 $41.68 i $41.68 $62.52 e-. $62.52 $83.36 $83.36 $104.20 ! $104.20 i $125.04 $125.04 $145.87 l $145.87 $27.79 $27.79 $55.57 e-- $55.57 $83.36 $83.36 $111.14 I- $111.14 $138.93 $138.93 $166.71 $166.71 1-- $194.50 $194.50 FRANCHISE FEE _ $13.27 ! $16.08 i $23.22 : $26.85 $32.04 $40.13 $42.64 $47.35 $53.22 $58.20 $65.92 $68.06 $79.66 $82.30 $17.41 $20.99 $29.42 $34.03 $42.11 $47.80 $57.41 $60.64 $73.09 $74.42 $88.81 $93.59 $104.51 $109.28 I $95.53 $95.53 $191.06 $191.06 $286.60 $286.60 $382.13 $382.13 $477.66 $477.66 $573.19 $573.19 $668.72 $668.72 $127.37 $127.37 $254.75 ' $254.75 : $382.12i $382.12' $509.50 : $509.50 r $636.87 $636.87 $764.25 ; $764.25 $891.62 $891.62 $106.36 $138.87 $174.27 $216.30 $229.08 $322.71 $304.58 $359.12 $379.83 $437.46 . $479.56 $504.29 $591.39 $621.90 PAGE2of3 NEW WASTE RATE AT 7:..-1:..-94 ENTIRE RATE KlOIHCATION $21.72 $21.91 $43.21 $43.46 $64.60 $65.18 $86.15 I $86.48 $107.68 ! $108.03 ! $129.36 I $129.50 ! $151.11 i $151.28 i i $114.90 , $115.12 $143.72 i $143.80 $172.54 $172.86 $201.35 $201.69 FILE: CVCOM794 6-28-94 PAGE 3 of3 .~ ENTIRE RATE /IIOJlFtCAOON I $36.14 $36.44 $71.92 $72.22 $107.74 $107.79 i $143.59 : $143.78 i $179.42 ! $180.06 ' $215.26 ' $216.14 $251.38 $251.57 $43.35 $43.70 $86.29 $86.58 $129.23 $129.51 $172.13 $172.56 $215.04 $215.84 $258.04 $259.27 $301.15 $302.44 , CITY OF CHULA VISTA RATE TABLE EFFECTIVE 7-1-94 COMMERCIAL RATES RATE LEVEL EXIST! NG UN~usr8) WASTE ADD WASTE RATE At SE:rnEIENT RATE AT FRANCHISE 6.,.-:30,...94 YeA.Aa.-DJ e"';~O-1l4 FEE OTHER RATE /IollNTH~ 5 1 , MINMUM RATE 65 MAXIMUM RATE 5 1 65 MINIMUM RATE 5 2 13. MAXIMUM RATE 5' 2 13. MINIMUM RATE 5 3 ,.5 MAXIMUM RATE 5 3 ,.5 : MINIMUM RATE 5 4 26. 1 MAXIMUM RATE 5 4 26. MINMUM RATE 5 5: 325 MAXIMUM RATE 5 5 i 325 MINIMUM RATE 5 6 3.. MAXIMUM RATE 5 6 390 I MINIMUM RATE 5 7 455 : MAXIMUM RATE 5 7 455j MINIMUM RATE 6 1 78 I MAXIMUM RATE 6 1 78 ! MINMUM RATE 6 2 156 MAXIMUM RATE 6! 2 156 i MINIMUM RATE 6 3 234 MAXIMUM RATE ! 6 3 234 MINMUM RATE i 6 4 312 MAXIMUM RATE : 6 4 312 MINIMUM RATE ; 6 5 3.. MAXIMUM RATE ' 6 5 3.. MINIMUM RATE : 6 6 468 MAXIMUM RATE ; 6 6 468 MINIMUM RATE i 6 7 546 MAXIMUM RATE 1 6 7 546 $1.41....: $1.71 $2.46 $2.76 $3.54 $3.60 $4.67 $4.86 $5.76 $6.40 $6.87 $7.75 $8.26 $8.45 $314.07 I $21.34 $124.49 ! $168.24 $368.73 -." $25.69 $124.49 $218.55 $563.60 i $37.54 $248.97 $277.08 $617.33 $41.82 $248.97 $326.54 I , $54.14 I $390.44 , ! $818.04 $373.46 , $827.59 $54.90 : $373.46 $399.23 $1,081.01 $71.41 $497.95 $511.65 $1,114.58 $74.08 $497.95 $542.55 $1,337.07 $88.14 $622.43 $626.50 $1,453.52 $97.40 $622.43 $733.68 $1,598.14 $105.26 $746.92 $745.96 $1,755.85 $117.81 $746.92 $891.12 $1,907.34 $126.21 $871.41 $909.72 $1,941.25 $128.91 $871.41 $940.94 ""'-.... 0--... \ 00 $372.55 i $25.26 $149.38 $19Z:~ $437.55 I $30.43 $149.38 $257.73 $674.00 ! $44.87 $298.77 $330.36 $724.09 ; ~~ $48.85 $298.77 $376.47 $970.44 . $64.08 $448.15 $458.22 $1,020.32 $68.04 $448.15 $504.13 $1,262.02 ! $82.90 $597.54 - $581.59 ~~~.j -- $89.11 $597.54 $653.43 $1,556.96 $101.98 $746.92 $708.06 $1,6....5 . $113.36 $746.92 $839.67 $1,866.68 $122.25 $896.31 $848.13 $2,090.87 $140.08 $896.31 $1,054.48 $2,196.13 $144.08 $1,045.69 $1,006.36 I $2,428.81 $162.59 $1.045.69 $1,220.53 RATE : MODIFicATioN LAND FILL FEE IN OR 27.11% $34.73 $34.73 $69.46 $69.46 $104.20 $104.20 $138.93 I $138.93 $173.66 $173 66 $208.39 $208.39 $243.12 $243.12 $41.68 $41.68 I--~ $83.36 $83.36 $125.03 $125.03 $166.71 $166.71 $208.39 $208.39 $250.07 f--. $250.07 $291.75 -- $291.75 NEW NEW.RATECOMPGNENTS WASTE FRANCHISE LANDFILL OTHER RATE AT FE.E flATE RATE 7~ 1 ;,"J14 '-$21.34 $159.22 i $25.69 $159.22 $37.54 $318.44 $41.82 $318.44 $54.14 $477.66 $54.90 $477.66 $71.41 $636.87 $74.08 $636.87 $88.14 $796.09 $97.40 $796.09 $105.26 $955.31 $117.81 $955.31 i $126.21 $1,114.53 i $128.91 i $1,114.53 $25.26 $191.06 $197.90 $30.43 $191.06 $257.73 $44.87 $382.12 $330.36 $48.85 $382.12 $376.47 $64.08 $573.19 $458.22 $68.04 $573.19 $504.13 $82.90 $764.25 $581.59 $89.11 $764.25 $653.43 $101.98 $955.31 $708.06 $113.36 $955.31 $839.67 $122.25 $1,146.37 $848.13 ! $140.08 $1.146.37 $1,054.48 l. $144.08 $1,337.44 $1,006.36 $162.59 $1.337.44 $1,220.53 COUNCIL AGENDA STATEMENT Item 17 Meeting Date 7/12/94 ITEM TITLE: Public Hearing: Consideration of the following applications filed by Charles Tibbitt for 0.67 unincorporated acres located at the southwest corner of Bonita Road and Lynwood Drive. a. GPA-94-03, Amend the General Plan From Office Commercial and Residential Low Density to Commercial Visitor. b. PCZ-94-B, Prezone to C-V-P, Commercial Visitor with Precise Plan. e Resolution /? ~~ding the General Plan for 0.67 acres located at the southwest corner of Bonita Road and Lynwood Drive from Office Commercial and Residential Low Density to Commercial Visitor. ~- 19. Ordinance :1'> i5Amending the Zoning Map or Maps established by sections 19.18.010 of the Chula Vista Municipal Code prezoning 0.67 acres located at the southW. est cO.~:;r~r of Bonita R.oad and Lynwood Drive to C-V-P, Commercial Vi71l7: Precise PI~~~, SUBMITTED BY: Director of Planning It !~ fer, ht,6 //)' / REVIEWED BV, City M=", ji ~'j (4151b, Vore, V~_N"Xl The applicant, Charles Tibbitt, has submitted applications for an amendment to the General Plan and Prezoning for 0.67 unincorporated acres at the southwest corner of Bonita Road and Lynwood Drive. The proposal is to redesignate the site from Office Commercial and Low Density Residential to Commercial Visitor, prezone the parcel C-V-P, Commercial Visitor with Precise Plan, in order to establish a full service carwash. A Precise Plan for the proposed carwash received conditional approval by the Design Review Committee on February 28, 1994, contingent upon approval of the General Plan amendment and prezoning (see attachment 6). The proposal would also require a subsequent approval of a Conditional Use Permit By the Planning Commission after the site is annexed to the City. The Enviromnental Review Coordinator has conducted an Initial Study, IS-94-04, of possible enviromnental impacts associated with the project. Based on the attached Initial Study (see attachment 7) and comments thereon, the Enviromnental Review Coordinator has concluded that there would be no significant enviromnental effects and, therefore, recommends adoption of the Negative Declaration issued on IS-94-04. /7-/ Page 2, Item n Meeting Date 7/12/94 RECOMMENDATION: That the City Council adopt the Resolution and Ordinance amending the Chula Vista General Plan from Office Commercial and Residential Low Density and Prezone to Commercial Visitor with Precise Plan. BOARDS/COMMISSIONS RECOMMENDATION: On February 28, 1994, the Design Review Committee voted 4-0 to approve the project design subject to conditions and contingent upon approval of the General Plan amendment, prezoning and annexation of the property. The Resource Conservation Commission, on March 7, 1994, considered Initial Study 94-04 and voted 5-0 to accept the negative declaration. On May 11,1994, The Planning Commission voted 6-0 to deny the request based on traffic and circulation concerns. However, at the May 18, 1994 Planning Commission workshop meeting, the Commission agreed to reconsider the application to allow the applicant the opportunity to clarify the operation of the facility, and address the traffic and circulation issues raised at the meeting. On June 8, 1994, the Planning Commission, after reconsidering the request, voted 6-0 to approve the proposal (see attachment 4). DISCUSSION: The 0.67 acre site is irregular in shape and is located at the southwest comer of Bonita Road and Lynwood Drive within the unincorporated Sweetwater Community Planning Area. The property, which is the consolidation of an existing 0.50 acre frontage parcel with 0.17 acres from the southerly adjacent residential lot, is presently vacant and relatively level, except for the southerly 30-40 ft which contains a 40 ft. high slope that separates the site from a single family dwelling located adjacent to the south. Adjacent land uses include commercial retail to the north (across Bonita Rd.) commercial office and retail to the east (across Lynwood Drive), residential to the south and 1-805 to the west across a flood control channel. The present Sweetwater Community Plan Designations (County General Plan) are as follows: Site Office Professional Commercial Residential Low Density (2du/ac) East (across Lynwood Dr.) South West North (across Bonita Rd.) Neighborhood Commercial Residential Low Density (2.0 du/ac) Public, Semi Public Impact Sensitive Area (see exhibit D attachment 2) /7'~ Page 3, Item / ') Meeting Date 7/12/94 The present City General Plan designations are as follows: Site Office Professional Commercial Residential (2 dul ac) Retail Commercial Residential (2 du/ac) Residential (2 dul ac) Open Space North (across Bonita Rd.) South East (across Lynwood Dr.) West (see exhibit B attachment 2 The present zoning (City and County) is as follows: Site C-30, Prof. Office (County) R-R-l, Rural Residential(County) North (across Bonita Rd.) C-C, Central Commercial (City) South East (across Lynwood Dr) West R-R-l, Rural Res. (County) C-32,Convenience Comml.(County) Open Space (County) (see Exhibit C attachment 2) PUBLIC INPUT On February 10, 1994, the Planning Department sponsored a public forum to familiarize the residents of the immediate vicinity and the Sweetwater Community Group with the applicant's request, the planning process and public hearing schedule. The issues raised at the public forum involves primarily concerns regarding the additional traffic and signal delays at the Bonita Road and Lynwood Drive Intersection. The residents pointed out that the County had recently approved a church/school in their neighborhood, and since the Lynwood area is served solely by Lynwood Drive, the proposed project would further contribute to the deterioration of traffic conditions on Bonita Rd. and the traffic signal phasing (delays) at the intersection. In regard to the proposed land use issue (full service carwash) and the project design, the residents in attendance stated that the project was attractive and offered a service presently unavailable in the immediate vicinity (the nearest full service carwash is located at the northeast corner of Broadway and "K" Street). 17"3 Page 4, Item Meeting Date 7/12/94 /? There were no representatives of the Sweetwater Community Planning Group at the public forum, but in a letter received by the Planning Department, the Group voiced the same concern as residents regarding an increase in traffic along Bonita Road, and delay in the traffic signal phasing at the Bonita Road Lynwood Dr.lPlaza Bonita Rd. intersection (see attachment 8). On October 5, 1994, the applicant presented the proposed project to the Sweetwater Community Planning Group. The Planning Group endorsed the project design and land use, but expressed concerns about the existing traffic at the intersection of Bonita Rd. and Lynwood Drive (see attachment 8). ANALYSIS In 1989, the City Council adopted a comprehensive update of the Chula Vista General Plan and, by reference, adopted the Sweetwater Community Plan for all the unincorporated parcels within this planning area. The Sweetwater Community Plan encompasses the unincorporated areas south of Route 54, east of I-80S, and north of the existing City boundaries (see Exhibit E, attachment 2). The Community Plan shows office commercial designation for the site and contains design criteria to guide the development of the area and maintain the community character. For the most part, the existing commercial uses along both sides of Bonita Road consist of specialty retail, service buildings and commercial offices. In regard to the issue of compatibility, the land use designations found in the "Gateway" area surrounding the Bonita Road and I-80S interchange range from Office Commercial to General Commercial and Central Commercial (see Exhibit B and C). The land use designations on this segment of Bonita Road are diverse and allow for a variety of businesses. Therefore, the Commercial Visitor designation appears to be compatible with the established land use pattern in the area and consistent with the commercial goals of the Sweetwater Community Plan. The redesignation of 0.17 acres of the southerly adjacent residential property from Residential Low Density (2 du/ac) to Commercial Visitor will result in a more suitable parcel for commercial development and will allow access to and from Lynwood Drive. The lot split, which is required and presently being processed by the County, will not affect the livability or the amenities of the property in question because a similar size parcel located immediately adjacent to the south will be consolidated to that parcel to retain approximately the same lot area. It is important to note that the City recently rezoned 2.23 acres of property located at the northwest corner of Bonita Road and Plaza Bonita Road from C- V, Commercial Visitor to C-C Central Commercial with the inclusion of a specific plan to provide for flexibility and control of certain land uses. The Specific Plan prohibits automobile-oriented uses such as service 17"1 Page 5, Item Meeting Date 7/12/94 /7 stations, drive-thru restaurants, carwashes and other auto oriented uses. While that contradicts the staff's recommendation for this project, the issues and constraints in the case of the northerly parcel are substantially different. The principal factor that led the City to restrict automobile related uses for that parcel was the larger size of the parcel, the traffic conditions along Plaza Bonita Road, the relative proximity of the freeway on-ramp to the site, the street intersection, and the site exposure that this parcel has from all angles. On the south side of Bonita Road, the traffic pattern and traffic conditions are different. Lynwood Drive does not have the traffic volume that Plaza Bonita Road has, and the freeway off-ramp does not restrict access to and from Bonita Road. Based on this and the information in the traffic report, the City Traffic Engineer concluded that the carwash can operate on the subject site without the friction that the northerly parcel would have with a similar use. Staff does, however, recognize the importance of this intersection, and has worked with the applicant to resolve the traffic concerns that the Planning Commission and residents of the area have expressed. The street will be widened and a deceleration lane will be added in order to allow east bound Bonita Road traffic to exit the travel lanes before slowing down to enter the carwash facility (see exhibit F-9). In addition, the conditional use permit, which is required for the proposed land use in the C- V zone, will be conditioned to ensure that the operation will not exceed activity levels and trip generation which is projected by and acceptable to the applicant. Conditions may include a monitoring program, and restrictions in hours of operation and pricing. A noise study was also conducted to determine the potential impact from traffic as well as from operational aspects of the proposed land use. The study concludes that the project will increase the existing noise levels by 0.2 db, which in the context of the existing 66 db noise level in the area is considered negligible. The existing land uses on this segment of Bonita Road generate relatively low traffic volume at the Bonita Road and Lynwood Drive/Plaza Bonita Road intersection. However the existing traffic at this intersection is very high and has been the concern of both the residents of the area and the Sweetwater Community Group. A traffic report was prepared to address the issue of traffic and signal delays raised at the public forum and the Sweetwater Community Group. After reviewing the report,the City Traffic Engineer concluded that the traffic generated by the carwash, although higher than office or even retail shops, is spread fairly evenly throughout the day and, therefore as illustrated in the table below, is not expected to create any significant changes to traffic or signal delays at the Bonita Road and Lynwood/ Plaza Bonita Road intersection. I?"> Page 6, Item I? Meeting Date 7/12/94 TABLE 2 SUMMARY OF LEVELS OF SERVICE FOR THE BONITA RD.lPLAZA BONITA /LYNWOOD INTERSECTION CONDITION AM Peak Hour PM Peak Hour Delay(sec) LOS Delay(sec) LOS Existing 24.0 C 26.6 D Existing + Project 24.1 C 28.6 D LOS = Level of Service (sec) = in seconds The following table also illustrates the traffic generated by three different land uses; an office, a retail building and the proposed carwash. Land Use Rate Intensity Daily trips Peak Hr Trips/WOO Trips sq. ft. Carwash 900/site 250 car/day 900 41 Office 20 12,000 sq.ft 240 31 Retail 40 10,000 sq.ft 400 36 To ensure compatibility with area and conformance with the established community character, staff has recommended the following Precise Plan Standards, which we believe would ensure compatibility even if a use other than carwash occupies the site: I. Development in this property shall be in conformance with the Sweetwater Community Plan and Design Guidelines. 2. Development of this property shall be limited to a single tenant. 3. Building setbacks shall be as follows: Bonita Road Lynwood Drive Rear (south) Side (west) 20 ft. 20 ft. 25 ft. Oft. )7...(, Page 7, Item 17 Meeting Date 7/12/94 4. Building height shall be limited to 2 1/2 stories or 45 ft., whichever is less. 5. A 20 ft. landscape buffer shall be provided along both street frontages. 6. Parking shall be screened from public right of way with dense landscaping, landscape mounding, low walls or a combination of any of the above solutions. 7. Driveway along Lynwood Drive Shall be 28 ft wide. 8. Business identification signs shall be limited to a low profile monument type sign, wall mounted signs and directional signs as permitted in the underlying zone. 9. A lighting plan addressing security and light spills onto the southerly adjacent residential area shall be submitted as part of the building permit submittal package. 10. Developer of this property must agree to no net increase in water consumption, or to participate in water conservation or fee offset program the City may have in effect at the time of building permit issuance. CONCLUSION The redesignation from Commercial Office and Residential Low Density follows the pattern of other parcels along this segment of Bonita Road, and is consistent with City Planning and zoning at other freeway intersections. The topographical separation (approximately 40 ft.) between the site and the residential neighborhood above and to the south, the safeguards established in the form of precise standards to address compatibility and the assessment of the City Traffic Engineer that the project will not adversely impact existing traffic conditions, leads staff to recommend approval of the requests in accordance with the findings and subject to the requirements and conditions contained in the attached resolution and ordinance. FISCAL IMPACT: Not applicable. ATTACHMENTS f ~: ~ 7. ~8 City Council resolution and ordinance Exhibits A-E and Development Proposal (Exhibit F-I Ibm F-lO) Planning Commission Recommending Resolution Planning Commission Minutes Resource Conservation Commission Minutes Design Review Committee Minutes Initial Study with Disclosure Statement Sweetwater Commnnity Group Input (f: \home\planning\1u is \gpa-9403 .at3) /7-7 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the STAR-NEWS, CHULA VISTA, a newspaper of general circulation, published TWICE-WEEKLY in the City of Chula Vista, and the South Bay Judicial District, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 164327; that the notice, of which the annexed is a printed copy ( set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 7/2/94 all in the year 1994 I certify ( or declare) under penalty of perjury that the foregoing is true and co rrec!. Dated at CHULA VISTA California, this 2nd day of July ,1994 Signature ~"""-'--~'--~'--"~'-'-'---'."~".',,,,,"'--'-- '--~--. ,'-"c,.-.r._,-.-";,' ?c:--;....;".',<,,'- This space is for the Cour,ty Clerk's Filir,g Stamp Proof of Publication of: Notice ------------------- CVO-l112 ------------------- /1-g NOTICE OF PUBLIC HEAR~ INO BY THE CHULA VISTA CITY COUNCIL CHULA VISTA.! CALIFORNIA NOTICE IS Ht:.REBY GIVEN I THAT THE CHULA VISTA CITY COUNCIL will hold a pu- blic hearing to consider the 101- lowing: Considering application to change present General Plan desIgnation & Prezone 0.67 acres located at southwest corner of Bonita Ad. & Lyn- wood Dr. within Sweetvv'ater Community Area of San Diego County. If you wish to challenge the City's action on this matter in \ court, you may be limited to ra. Ising only those Issues you or someone else raised at the pu- blic hearing described In thiS notice, or in written correspon- dence delivered to the City Clark's Offica at or prior to the publiC hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, July 12, 1994, at 6:00 p.m. In the :ouncil Chambers, Public Ser- ,1\::95 Building.' 276 Fourth II,venue, at which time any per- ,on desiring to be heard may aPR:ear. JATED: June 29, 1994 :V04112 7/2194 I .'.:,.',-.. . " ,.<.:.r........ "." -' ;- / J' i--""" j. Ld-J..... / ,/' ATTACHMENT 1 CITY COUNCIL RESOLUTION AND ORDINANCE J /~ Cj ATTACHMENT 2 EXHIBITS AND CONCEPTUAL DEVELOPMENT PROPOSAL 1'] -- 1 0 r:! . \ ,," " " " ;' " " " ICAL1: ~ \ EXHIBIT "A" , CHUlA VISTA PlANNING DEPARTMENT I HEIEIY amfY THAT tHIS ZONINO MAP WAS APPROVED AS A PART OF OIDINANCE IV tHE 01Y (x)uNOL ON I "'_ I - --.J .., CAS( HUMID: .aaEG: Do\Tl: CIIY GIll: MIl llMWN IV: C9 ZONING MApJ.7--IJ NORTH ao 0&'- /"WI(l(EO IV: "\ ,,'" ,,' " /. ~ '" '" '" 4:lW~^~ L- ~~ l~ - -- I -__ I -...J .., EXHIBIT .e" ( CBULA VISTA PLANNING DEPARTMENT C) APPLlCANT:Claartel Tibblt PIIOJECT DIICIIIPTION: GPA.&-df'I- ~.. u IIIlI to ! 7 -l <- ADD liE": IW..'" fA "lea ad. _"",,,,.1 I 1--1 ud 1.)"-" Dr. KZ...~" rvP. .....;.......w VIdtor ICALE: Fc'lfAmf.~u... ~c .C_.ldMlaJ U. ...... fa .....au · 1" - 200' PC~.9"'23 ..0 ..PVIr.e ......Ii. ---J ..J:::- " ~ \, ROJECT LOCATION o EXHIBIT D NORTH NO SCAlE WESTERN AREA COMMUNITY PLAN LEGEND AE$IlENTIM. I. l.oOtJl.ZUAC 1 AESIlENM. Z..llUrAC IlESIl9lTW. S. UllUtAC AESIlENM. t. _ ......IUAC n. OFFICE ...JBSIOM. lXMolE1lClM. 1t ~ ClllIiIIEJI:ML 11 GENEM. W- IlClM. ESTA1E 11. I_UAC 22. ...w: IW-".1C 2t. M'llCT "",.:alIVE N8 I lIUIUl:!lIAC ::3 ~ !~ 8~ I -7 --- !- I J m ~ ~ m. :a 8 !: ~ c z ~ i:I r- > Z > JJ m > DEVELOPMENT PROPOSAL (Exhibits F-1 through F-10) /' I /(.- ; 0 EXHIBIT F ;roo . I[~ e ~f~ '! ".t III ~1! u Itr~ i ,,,I~ c h~' a: II" g b ~ r... o rfl~ ~ ,. I~ i I I I .Iii! ~ &II I,~: t~1 .!ft rt I! ~: i 1 I~.I di I ," ~ .pi""'" ~,..o ~po'2J> ~~.---- :::;-:::; I \ \/-1 - 11 , \ ) I I t- . a>; i W' illnl~l 511 ~-!i lU ',\H1~l.h ~I I -. I . \ ....... ------- .. ~Z.: B ~ . I . I . L- --. i. I ." mt;_ .....1a1ii ,. '~ HSYM HYU11N08 .1 O. .. . hi! ~ ~r ,~'ii , gr.., Ji << c~;~ . alie~ ~I; , , , , I , , I ; 1 , << ~ I i i I ! 1 , , < " I ~ . , . . -- ... ~: ~ ~ ~.---. 3?'-- i \ , \ .----.- .- , ,'" ,. " \; ~. :; /.l I ! / I I $: '! i BONITA CAR WASH _I = I!!!Y- -,ll:= DU.A~"" sro..... i 1 , -. r \:~ IT I . . ~ I . 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EXHIBIT F-7 :"';~' .,.;A.-i... BONITA ROAD '.Jltt.f.';iIt< ,.~ 0 CARWASH a PEAK HOUR OPERA TIONl , ~ ""'... ~' .. - .i,~.c' ." I "r\ll1 ! \ I. .. ... -.-.---.- .~_..' . 1"""t...Io'" --' ,I A, - l If' t. . . MAXIMUM CAPACITY ~. r . . ._. ---.-"_ _. .6. ...r::- .. -- -.J p , ~ A \ .. .... f .," ~ .. ..... . " I,:, .w..- ' " "If/: . ., . , ,~ i>>: :' ~ .,.q,:j.- II .-.." ;.;. \...~~.::.::..-:' " ,'.,;..... ...,'.. : ~. '\1 ,f: ..... '..: '.,:.~~' !';:.~-," . ,~. ~... "f ... . r'." ---;;., . ~ . . 1-..- " ,'" .~ ' :.- , :t .r .' _ ..'J ~... , '"t . . . " J. " 'r. ., '- . ':". ':; ft.. :-- ;;', ';:0:". ':' ' ~ . ,'r.: .. .' "" ' ..., . "VA'H\. .c..:t:i.'( Ib,C DRYINII/E)tIl'l"'O ~;. .. '. ' . . ~.',:~~~:.. ' ... - - ~..-t,-"- - _...-:".~ . ~ :~r'~"33 '.TACk... .~. u...~. _ ~~~.' EXH~~I,~" ~:~ .. r4 ..... . . \ . ,-. ...~,-. ._..... " ~_._.. _..~. .~...3.... - ....-. .--~ -_._." - o 0 OJ- t j B i'1 '0 ~ N ''? j . ~/ - '7 .'} ,~ ( "=<..')" III . . = U\ ~i! a:1 ~~ tal z_ oli ID .. . . \.. , . ) l- 2h ~ 0". ~ ! IJ EI 1:1 ~ IJ - 1\- OW ,...a: : I :) u..1- I ..~=-~ "-:- I- 0 ,--".- W 1........_._ =.'-=---m -.-- I- --- . _._- - -:::.=-" - .==--- ~ ~ o -=-. >< 0 Wa: c( ~ " €> Z dg - :) m c WI tn ~I 01 a: 0. l f" ~.;I C) ~I I() X' ~Cf) -~~ ;!3= 'z a: 0<( .0 I() ATTACHMENT 3 PLANNING COMMISSION RECOMMENDING RESOLUTION II - -2 7 RESOLUTION NO. GPA-94-03 I PCZ-94-B RESOLUTION OF THECITY OF CHULA VISTA PLANNING CO~JMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND THE GENERAL PLAN AND PREZONE 0.67 ACRES LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND L YNWOOD DRIVE WITHIN THE UNINCORPORATED AREA FROM OFFICE PROFESSIONAL COMMERCIAL AND RESIDENTIAL LOW DENSITY TO COMMERCIAL VISITOR AND PREZONE C-V-P, COMMERCIAL VISITOR PRECISE PLAN. WHEREAS, a duly verified application for a General Plan amendment and Prezoning were filed with the City of Chula Vista Planning Department on November 1, 1993, by Charles Tibbett; and WHEREAS, said application requested that the General Plan designation on approximately 0.67 acres located at the southwest comer of Bonita Road and Lynwood Drive within the unincorporated area of San Diego County be changed from Commercial office and Residential Low Density (0-3 du/ac) to Commercial Visitor and that the parcel be prezoned C- V, Commercial Visitor; and WHEREAS, the Planning Commission set the time and place for a hearing on said General Plan Amendment and Prezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely May 11, 1994, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Pbnning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission, based on traffic concerns and internal vehicular circulation and stacking capacity, denied the project by a unanimous vote. Subsequent to that meeting, the Planning Commission, at their May 18, 1994 workshop, agreed to reconsider the item to allow the applicant the opportunity to address some of the issues that the Planning Commission raised at their previous meeting; and WHEREAS, notice was given of the hearing to be reconsidered on June 8, 1994, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and r7-2~ -/I,. WHEREAS, The General Plan Land Use Element has not been amended more than three (3) times this calendar year; and WHEREAS, The Environmental Review Coordinator recommends adoption of the Negative Declaration IS-94-04; and WHEREAS, the Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-94-04. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council amend the General Plan and prezone 0.67 acres located at the southwest comer of Bonita Road and Lynwood Drive in accordance with the attached City Council resolution and Ordinance. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the applicant and the City Council. PASSED AND APPROVED BY.THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 1994 by the following vote, to-wit: AYES: Chair Martin, Commissioners Fuller, Moot, Ray, Salas, Tarantino NOES: None ABSENT: Commissioner Tuchscher ABSTENTIONS: None ; ,-','1.:' __ _ l. I' I> _ ~ .. u / i / _.1 l' .--;-: c_ / I '-I ').; I / ~. /,..---, Thomas A. Martin, Chairman Attest: , I .... ,/ , ~ : /'.' f\, _, t ' , Nancy RiPley, Secretat)> (f: Ibome\pIaDnin&Uu;,\iPa-9403 .per) /1. ;;1.q -1'1- ATTACHMENT 4 PLANNING COMMISSION MINUTES I 7 _~ c) UNOFF,CJAL MJ~UT!r; EXCERPT FROM PLANNING COMMISSION MINUTES OF 6/8/94 ITEM 2. PUBLIC HEARING; RECONSIDERATION OF THE FOLLOWING APPLICATIONS FILED BY CHARLES TIBBETT FOR 0.67 UNINCORPORATED ACRES LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND LYNWOOD DRIVE A. GPA-94-03: AMEND GENERAL COMMERCIAL AND RESIDENTIAL COMMERCIAL VISITOR PLAN FROM OFFICE LOW DENSITY TO B. PCZ-94-B: PREZONE TO C-V-P, COMMERCIAL VISITOR Associate Planner Hernandez noted that this request was considered by the Planning Commission on May II, 1994, and at that time the Commission, based on traffic concerns, denied the project by a unanimous vote. Those concerns were primarily on-site vehicle stacking capacity, delineation of an internal circulation system as it relates to the vehicle stacking capacity, obstruction of Bonita Road traffic flow by carwash ingress and traffic, site drainage pattern, assurance that the drainage was not going to end in the adjacent drainage channel, and the concern that the overall result of changing the property from Office Commercial to Commercial Visitor would be an increase in traffic at that intersection. Subsequent to that meeting, the Planning Commission at their May 18, 1994, workshop agreed to reconsider the item to allow the applicant to address some of the issues that the Planning Commission raised at their previous meeting. Mr. Hernandez noted that the applicant and the applicant's traffic engineer were present to respond to any questions the Commissioners had relating to traffic. Staff had no additional information or analysis, and, as stated in the May 11 staff report, staff recommended approval of the General Plan Amendment and Prezoning request in accordance with the fmdings and subject to the conditions contained in the resolution and ordinance. This being the time and the place as advertised, the public hearing was opened. (The next three speakers gave an organized presentation.) Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, representing the applicants, introduced Charles Tibbett, the owner of five carwashes in San Diego County, and Paul Magnotto, co- owner of this project. Since the applicant had been granted the opportunity for the re-hearing, they had hired an additional traffic consultant, Dan Marum, and had worked closely with City Traffic Engineer Hal Rosenberg. Paul Magnotto, 244 Camino Elevado, Bonita, gave a brief history of the project. Mr. Magnotto stated that the surrounding residents supported the project; the project would provide a service to the community, would be creating jobs and paying taxes, and beautifying a piece of property which is an eyesore. He asked for the Commission's support. Mr. Magnotto then presented slides which showed the architectural rendering of the project, traffic circulation in and out of the project, and traffic flow inside the project itself. Mr. Magnotto stated that since the last Commission meeting, they had approached the County who owned the property adjoining - (q - j 7. .3 I PC Minutes -4- June 8, 1994 the subject property and asked if it was possible to obtain a deceleration lane off Bonita Road which would help with the flow of traffic. The County had approved the lane, and the applicant had received full staff support from the City of Chula Vista. Continuing with the slide program, Mr. Ma6notto noted there was 300' between the exit ramp of their property, where the deceleration lane would be located, the typical number of cars on the site at one time, the number of cars on site at peak hour with circulation and stacking. He emphasized that the carwash would be more expensive than the typical carwash, and because of that there would be less washes. Mr. Magnotto then showed some slides of other carwashes in the City and their stacking and drying capacity. Dan Marum, Catalina Engineering, 8989 Rio San Diego Drive, San Diego, noted that the previous traffic study was done by Darnell and Associates and reviewed by the Traffic Division and approved. The years of analysis in the previous study were near-term 1993 and 1998 with and without the project, and in 1998 a cumulative analysis with the inclusion of the development of the Church and the School on Lynwood Drive. Intersection safety was also reviewed in the previous report, review of the driveway impacts, and review of on-site circulation system. The carwash was anticipated to wash between 125 and 250 washes per day. The on-site employee count would be 7 to 10, and parking was provided for them on-site. He compared the peak traffic for commercial office use to the carwash use, and mentioned that the percentage of traffic using the automobile-type service areas was traffic that was already on the road and was not a single-purpose trip to get a carwash. Traffic is spread throughout the day and a continuous use of the infrastructure invested in the construction of a four-lane major road, the release of exiting vehicles is controlled, the slowest hours of operation are in the first two hours of operation and the last two hours of the day when Bonita Road would be at its peak, and the slowest period of the year were the winter months when the carwash would be closing at 5 p.m. and surveys showed that cars were washed less frequently during the winter months. Regarding intersection safety, Mr. Marum stated that the addition of the right-turn-only lane (or turn-out) addressed the issue of interruption of continuous flow in an eastbound direction on Bonita Road because of people trying to get into the site. The Lynwood Drive access point onto Bonita Road would be a controlled release of vehicles onto Lynwood Drive and would mix in with the approach volume on Lynwood Drive in a northbound direction to the signal. Mr. Marum said that the site had been designed in an optimal way to utilize the frontages, or the tangent portions of the property lines, to hold the maximum amount of vehicles if it ever reached that level. His understanding of the 18 vehicles approaching from Bonita Road and 11 vehicles from the Lynwood Drive access was double the level of traffic activity that was tested in the report; the holding capacity of the site was much higher than tested. The proposed site would accommodate 41 inbound vehicles anticipated during the peak. The widening of the LynWood access drive was a previous recommendation from the original report which had been incorporated into the site design. Mr. Marum noted that the Bonita Road threshold standards found that Bonita Road was operating at a good level of service in an area adjacent to the interchange, based on the threshold standards that were analyzing travel time on the entire segment of Bonita Road, east/west on either side of the interchange. It had been observed that the modification of the phase length for the northbound, left through, and right movement off - /9 .- I 7,' .3 L.. PC Minutes -5- June 8, 1994 of Lynwood made by the County allowed for up to 15 vehicles in the queue being allowed to move through on the same signal phase. The intent by the County was to provide relief to the Lynwood Drive traffic, both during the morning and on Sundays during Church services. Mr. Marum stated that the City was planning to implement a third lane toward the freeway on- ramp between Plaza Bonita and the on-ramp to 1-805 in the northbound direction, which also includes a raised median on Bonita Road which would enhance the traffic restrictions for traffic turning right out of the site at the driveway access point on Bonita Road. The improvements being required on Bonita Road on the frontage of the property allowed for the inclusion of a standard bike lane and the sidewalk. Finally, Mr. Marum noted that the facility being classified as a major four-lane facility in the General Plan was the type of facility that would allow for driveway access as opposed to a six-lane prime facility where access is restricted. This type of site would be in conformance with the overall plan of the General Plan. Mr. Marum stated he was available for questions. Chair Martin stated, with the build-out of the eastern portion of Chula Vista, the Growth Management Oversight Commission had pointed out three areas of concern on "H" Street which were really impacted by traffic, one of which was the Lynwood/Plaza Bonita intersection. Chair Martin asked, if that continued to impact Bonita Road, did Mr. Marum anticipate the Lynwood/Plaza Bonita Road intersection to have more than 700 vehicles per day? Mr. Marum replied that in the long-range studies, both at the General Plan level and the more intense Otay Ranch level of analysis, they had looked at Bonita Road as needing upgrading to six lanes. That had continually been rejected by the Sweetwater Community, and the models had not considered the six-lane capacity. The model looks at "H" Street--a six-lane facility--as a better facility for quicker travel to the freeway than Bonita Road, while the demand for traffic may be equal on both streets. Bonita Road is at or near the saturation point of a four-lane major facility, carrying approximately 40,000 ~ehicles per day. The General Plan recommends 30,000 ADT for four-lane facilities, and with 32,000 or more, they would recommend a six-lane prime facility to handle that type of flow. Chair Martin asked if the travel time of the east traffic, going east from 1-805, would be compromised by the turn-out lane. Mr. Marum stated that it slowed traffic a little where there was not an exclusive deceleration lane, but the Traffic Engineer was briefed on the ability of this site to create a 100' right-turn-only lane that could accommodate up to four vehicles in addition to the eight vehicles that could be stacked along the western front of the property heading south in an in-bound direction. The 100' de-acceleration turnout would give drivers the ability to pull out of the through lane and get into the site. Answering Chair Martin, Mr. Marum stated that the impedance would be much more valid if not for the stacking distance on the site where cars would be able to go all the way in and stack before they got to the vacuum areas. It was his opinion that the travel time studies would not be degraded because of this site,especially with the provision of the 100' turn-out lane. -)-v~ /733 PC Minutes -6- June 8, 1994 City Traffic Engineer Rosenberg stated that normally there was a 20' section between the curb and the lane line which allowed enough width for a vehicle to slow down adjacent to the curb without impeding traffic behind it. This particular driveway would not impair the existing level of service, and the deceleration lane not only provided additional width normally found at a standard driveway or normal intersection; it provided extra width that is not common. Commissioner Tarantino asked if there were any plans being considered by CalTrans to create a special ramp to get into Plaza Bonita, to bypass Bonita Road and go directly from I-80S into Plaza Bonita, which had been considered at times. Mr. Rosenberg stated that CalTrans had done an analysis and had determined that SR-54 would provide the adequate relief. They did not anticipate much growth, the saturation level had been reached, and the developments in the Eastern Territories would not exacerbate the current conditions. Commissioner Salas noted that concern had been voiced at the last meeting by some of the citizens in the area that there had already been some decline in the level of service in the area since the Church had been built. She asked if there was a deceleration lane into Lynwood Drive; she believed there was some improvement in the area just by slowing the cars by making them aware of the deceleration lane into the carwash. Mr. Rosenberg concurred. He pointed out that the dimension between the new curb which would be constructed as part of the project and the lane line was approximately 17'. If a motorist wished to turn right, there was room to move out of traffic to turn. Commissioner Moot asked to be shown the curb lane referred to. Mr. Rosenberg noted that there was a marked bike lane which was 5' wide, and adjacent to the bike lane was a 12' lane. The motorist could still pass if a car was stopped or broken down. Mr. Greg Cox noted that with the installation of curbs, gutters, and sidewalks, there would be an additional 4' beyond what presently exists. Commissioner Moot was concerned about exiting the project onto Bonita Road. Sometimes th~ two left-turn lanes to get into Plaza Bonita were not sufficient to hold the traffic and there was not a smooth flow in the lane before traffic is able to get into the double turn lane. He was concerned that traffic turning right out of the carwash could cause stacking in the lane next to it and not have any smooth traffic flow into the intersection. Mr. Rosenberg stated that it was a controlled intersection; although the Vehicle Code stated an exit could not be made without yielding to traffic, he thought the applicant would be willing to place a stop sign--if not, the City would place a stop sign for him-at that exit and force the traffic before the exit to stop. They would have to yield; if traffic was backed up, the motorist would not be able to turn immediately and would have to wait for a gap in traffic. - :J-( - /7 3 Lf PC Minutes -7- June 8, 1994 At Commissioner Moot's request, Mr. Rosenberg showed a slide indicating the de-acceleration lane, the new curb line and sidewalk. Commissioner Moot noted there was actuaIIy an area where a car could turn out and merge back into traffic into the right lane. Mr. Cox stated there would be one car exiting approximately every 2-112 minutes, with the option of exiting onto Bonita Road or Lynwood Drive. He reiterated that they wanted to work with staff and the Planning Commission and if there was a desire to have the Safety Commission look at the project, they were not opposed to that. Mr. Cox concluded there would be more traffic trips if left designated for an office building than anticipated from the proposed carwash. Commissioner Ray asked if there would be an exit lane from the carwash going east. Mr. Cox stated it would be wider, but not an actual lane. Ron Lane, 3907 Massachusetts Avenue, La Mesa, stated that the applicants had tried to make this the best project for the site and for the applicant. He believed the phase lengths which had been changed by the County had helped, and the back-up was not there. They had observed the Church impacts, and since the phase changes, traffic moved smoothly. Peak Church traffic on Sundays let out within 15 minutes of each service. He asked for approval of the project. Charles Tibbett, 3907 Massachusetts Avenue, La Mesa, one of the owners of the carwash, felt it was a good project for the site, and they felt they had answered the problems of traffic. He asked that the project be approved. Mrs. Lois Morera, 377 Camino Elevado, Bonita, a partner in the carwash, favored the carwash and felt it would be an exceIIent project for the site. Teresa Castro, 260 Camino del Cerro Grande, Bonita, a resident of Bonita and real estate agent, believed the carwash at that location was a convenience and necessity for the community. She was in favor of the carwash. Salvador Castro, 260 Camino del Cerro Grande, Bonita, supported the project. WIlliam Nelson, 4301 Lynwood Drive, Chula Vista, the owner and operator of a nursery and tree farm across from the proposed carwash, spoke in favor of the project, felt it would enhance the blighted entrance to Bonita, and would provide some needed revenue for the City. Chair Martin asked Mr. Nelson if he felt the carwash would impact traffic going to his business. Mr. Nelson believed it would enhance their business. Commissioner Ray stated the frrst time the Commission had seen the project, there were some concerns regarding parked vehicles on Lynwood Drive on the eastern side during either special events or normal hours of the nursery's operation. He asked Mr. Nelson if he foresaw a degradation in traffic on Lynwood as a result of the carwash and any impedance with those cars leaving the carwash if vehicles were parked on the east side of Lynwood. - :J-:J- - ;735 PC Minutes -8- June 8, 1994 Mr. Nelson was not aware of many cars parking on the east side of Lynwood, because of the curvature of Lynwood. He did not anticipate a problem. The driveway would be further up the road, which would allow exiting vehicles to get into the traffic flow going northward toward Bonita Road from one of the exits. There were a number of cars which parked at the top of the hill across from their entrance, but on the way up the hill cars rarely parked. In answer to Commissioner Ray, Mr. Nelson said that it was 500' to 600' from the Lynwood entrance/exit to the top of the hill. Mrs. Nicholas Besker, 4346 Lyndale Lane, ChuIa Vista, speaking for herself and Mr. Becker, was in favor of the carwash. She felt it would be an improvement to the comer and would not impact traffic up the hill. Eugene Kocherga, 3418 Valley Road, Bonita, would like to have a place to have his car properly washed. Ms. Margaret Gilpin, 3320 Lynwood Drive, ChuIa Vista, was concerned about traffic. She was neither for nor against the carwash. She bicycles along Bonita Road and was concerned about another access onto Bonita Road. As a motorist, she had not noticed any extended time getting across the intersection. Erina Fornataro, 3249 Holly Way, Chula Vista, was not opposed to a carwash, but was concerned over safety. Some of the corrections coming off the freeway would probably be an asset; however, no one had mentioned traffic coming out of Bonita Plaza. Making a left turn onto Bonita Road from Lynwood Drive, there was a major problem with traffic coming out of Plaza Bonita Road. She stated that drivers did not look at the traffic light and did not stop and look before they turned right onto Bonita Road. There had been a number of near collisions there. She had not noticed any difference in the traffic pattern. Her concern was the traffic from both Plaza Bonita and traffic coming down Lynwood Drive onto Bonita Road, and how the traffic would work coming out of the carwash. She said people make lanes where they don't exist. They want to turn, and they turn wherever they feel like it. Plaza Bonita Road went from two lanes, people created a third lane; now there are four lanes, and they make a fifth lane. Roland Fomataro, 3249 Hony Way, ChuIa Vista, commented on some of the slides, and that there was an error in the stacking distance. He said there never was a good answer on the question as to whether there would be an acceleration lane or merge lane coming out of Bonita Carwash. The road would be widened, but there would not be a full lane. Mr. Rosenberg concurred. Mr. Fornataro said the comer should be dressed up; there was nothing wrong with putting a carwash there. There was a problem coming from the carwash onto Lynwood. There was not adequate room. There were trucks on the east side of Lynwood every week; there was traffic there. There was parking near the Church and a lot of traffic. Heather Martinez, 6510 San Miguel Road, Bonita, was in favor of the carwash. _ ~:3- )7-3fJ PC Minutes -9- June 8, 1994 Greg Cox, having requested rebuttal time earlier, approached the podium and made some closing comments. He believed the concerns raised by Mr. and Mrs. Fornataro were concerns that were shared by people driving through that corridor every day. Mr. Cox noted that if the project were approved, the conditional use permit would subsequently come back to the Planning Commission, and they would be willing to work with staff during the interim. They could look at some type of monitoring device; he felt the applicant would be willing to have some type of trigger mechanism where staff could call for a review of how traffic could come out of the Lynwood driveway with perhaps no left turn allowed on Lynwood. Commissioner Ray asked if the applicant may consider an acceleration lane, or a further cut-out between the entrance off Bonita Road down to Lynwood. Mr. Marum believed the proximity of the access driveway point to the signal would be too close to allow for an acceleration lane with the proper tapered length to get the vehicles traversing back into the main stream of travel before the signal. At the design speed of Bonita Road, the lane would have to be taken down on a very slow taper to get the traffic up to 40 mph and it would be beyond the signal. For that reason, the right turn traffic out of the site exits at the ultimate curb line. He pointed out that for the northbound, left-turn traffic on Lynwood Drive where there is a conflict, the southbound traffic on Plaza Bonita has a red signal as the traffic on Lynwood has a green arrow and a green ball to make either a left or right movement. He had observed some of those conflicts. He noted that the City has a project which is timed within the next fiscal year, within 12 to 18 months, to expand the curb line on the north side of Bonita Road to create a third lane in front of the Pier I Imports; thus, the left-turn vehicles off Lynwood Drive would theoretically have their own lane but would have the right to go all the way across to get into the right turn lane to go northbound onto 1-805. Mr. Marum asked City Traffic Engineer Rosenberg if there was some type of sign which could be placed at the signal to tell drivers there was a split phase, so they would look not only to the east for westbound traffic, but also straight across where someone has an actual green movement. Mr. Rosenberg stated that the signal belongs to the County and the City does not have the jurisdiction; however, he would alert the County Traffic Engineer to this problem. The solution probably was to post a "No Right Turn on Red" to ensure that the conflict does not occur when the northbound Lynwood traffic gets the green arrow or the green ball. Mr. Rosenberg agreed with Mr. Fornataro that Lynwood did have a potential problem with the exit from the carivash onto Lynwood. He had alerted the applicant to the problem and that intersection would be monitored. If there was a conflict with cars exiting the carwash, insisting on trying to beat the signal, driving into the intersection or into Lynwood, causing queuing back onto Bonita Road, the City would restrict that exit onto Lynwood. Assistant City' Attorney Rudolf noted that the issues being dealt with were issues that would come back to the Commission for the Precise Plan and the Conditional Use Permit. If the Commission approved the General Plan Amendment and the Prezoning and the application of the "Po modifier, it would go on to Council. If the Council approved, the project would come back to the Commission. The place to add the conditions would be in the Precise Plan and the -;}f, 17 37 PC Minutes -10- June 8, 1994 Conditional Use Permit. They could not be added in the General Plan Amendment and the Prezoning. No one else wishing to speak, the public hearing was closed. Commissioner Salas commented that she felt the frustration of the people opposing the project, but they were opposing a problem that already existed and not the actual carwash site. Also, she believed the County was aware of the problems in that particular area, and so was the City's traffic engineer, and they were working on a solution. Mr. Rosenberg concurred, saying it was not a problem as a result of the carwash; it was existing, and the City was working with the County to resolve the issue. Commissioner Salas stated that there would be an impact, whether it was left Commercial Office or changed to Commercial Visitor. Their job was to determine if the zoning was suitable for that piece of land. Assistant Planning Director Lee commented that the approved plan by the County for an office building would actually have the driveway closer to Bonita Road than was proposed for the carwash. The applicant, in working with staff, was proposing to regrade the slope to the south and actually expand the property so that the driveway would be moved further south. There was some added stacking capability. It improved the situation over the access that was approved by the County with the office plan. Commissioner Ray clarified that the north and south lane of Lynwood Drive would be 17' wide, with a total width of the two lanes of 34'. The currently striped median was proposed, with the approval of the Pier I project, as an actual hard median. The City Traffic Engineer confirmed. MS (Tarantino/Ray) to adopt Resolution GPA-94-02/PCZ-94-B recommending that the City Council adopt the attached draft City Council Resolution amending the land use designation of the General Plan from Office Commercial to Visitor Commercial; adopt the attached draft City Council Ordinance prezoning the property to C-V-P, Commercial Visitor Precise Plan, in accordance with Exhibit A, attached hereto. Commissioner Ray said he understood that this would annex to Chula Vista. In the event of an annexation of the comer to Chula Vista, wouldn't the signaling then revert to Chula Vista authority? Assistant Planning Director Lee stated that it depended on the limits of annexation which varied in terms of what LAFCO would allow or request the City to do as far as adjacent road systems. City Traffic Engineer Rosenberg replied that without knowing the limits of the annexation, he couldn't tell, but it was possible that the City could end up with that signalized intersection. Commissioner Ray asked what would have to happen for the City to control the comer. - d-t'. 17.3r5 PC Minutes -11- June 8, 1994 Assistant City Attorney Rudolf said that in order for the intersection to come under control of the City, it would have to be either a separate annexation or part of this annexation. He did not know if the applicant intended to include that, or if the City would do it. The requirements of LAFCO was not known in connection with the applicant's application for an annexation. It might be it could only go forward if the intersection was included. Commissioner Ray understood that annexation application would not occur until after the approval of the Prezoning and the General Plan Amendment. Mr. Rudolf concurred. Commissioner Ray asked Mr. Rosenberg if he would make a formal request to the County for the "No Right Turn on Red" sign, or if he would ask for it in a telephone conversation. Mr. Rosenberg stated it would be a formal written request, which would reflect the interest of the Planning Commission in resolving the issue. Commissioner Ray asked that he and the residents who had spoken regarding that issue be copied. It was an existing problem, and whether or not the carwash was approved it needed to be resolved. Mr. Rosenberg agreed. Chair Martin was concerned about the designation of the property as Commercial Visitor, and what might be put on the property if the carwash was not built. Assistant Planning Director Lee noted that the Commercial Visitor zone was fairly restrictive in that it authorizes basically hotel use and restaurant use without conditional use permits. All the other uses provided in that zone require a conditional use permit. That would come before the Planning Commission for consideration. The site was extremely limited in size, and would not be practical for a hotel or restaurant. Regarding the Commission's action, Mr. Lee reminded the Commission that their first action necessary would be to approve Negative Declaration IS-94-04. The maker of the motion agreed to include it in the motion. The second concurred. Commissioner Ray questioned the indefinite continuation at the previous meeting of consideration of the conditional use permit. Mr. Lee explained that the conditional use permit could not be considered until the annexation moved forward. Commissioner Ray confirmed that the Commission would be accepting the Negative Declaration as previously brought before them, the General Plan Amendment and Prezone, but not approving a project--strictIy a zoning issue. Mr. Lee concurred. Commissioner Moot asked at what stage the issues of grading, etc. would be considered. Mr. Lee answered that it would be at the conditional use permit and precise plan process. The Design Review Committee is charged with that consideration; however, the Commission would be apprised of any details regarding cross-sections, etc. -;L6 - /7.3; PC Minutes -12- June 8, 1994 Commissioner Moot felt the applicants had satisfied a lot of the traffic concerns he had, but he had a difficult time seeing how the project fit into such a small space. Mr. Lee noted the slope would be regraded. RESTATEMENT OF MOTION Based on the Initial Study and the Negative Declaration, rmd that this project will have no significant environmental impacts and adopt the Negative Declaration issued on 18-94-04; adopt Resolution GPA-94-02/PCZ-94-B recommending that the City Council adopt the attached draft City Council Resolution amending the land use designation of the General Plan from Office Commercial and Residential Low Density to Visitor Commercial; adopt the attached draft City Council Ordinance prezoning the property to C-V-P, Commercial Visitor Precise Plan, in accordance with Exhibit A, attached hereto. VOTE: 6-0 TO RECOMMEND APPROVAL (Commissioner Tuchscher excused) Assistant Planning Director Lee advised the audience that this item would move forward to the City Council for their consideration around the middle of July. They would receive notice. -;21 - /} itO ATTACHMENT 5 RESOURCE CONSERVATION COMMISSION MINUTES I 7 - ill UN05=F~CHAl t{lt~~NUT!S MINUTES OF A SCHHIJULED REGULAR ltWJ::;llNG Resource Conservation Commi~on ChuIa Vista, California 6:30 p.m. Monday, March 7, 1994 Conference Room '1 Public Services Building CAIL ltWJ::;UNG TO ORDER/ROlL CAIL: M~flg was called to order at 6:30 p.m. by Chairman Xracba. City Staff Pnvironmental Review Coordinator Doug Reid called roll. Present: Commi~.;oners Hall, Xracba, Ghoogl'tc;"n, Johnson and Burrascano. 'Ibe reasons for Ibsence for Commissioners Myers and Guerreiro were not known at the time they called in to be excused. It was agreed to vote on their acuse at the next meeting after t>earing from them. APPROVAL OF MINUTES: It was moved and seconded (HallIJohnson) to aPProve the minutes of the meeting of December 4, 1993; 4-0-1 (Ghougassian abstained as he was not present at that meeting). The minutes of the February 7, 1994 meeting could not be approved as there was no quorum present from that meeting. This item will be added to the next agenda. NEW BUSINESS: 1. IS-94-04: Bonita Car Wash-The applicant, Paul McDonald was present with his agent, Mr. Tibbits to report on their project. They stated that residents were mostly concerned about the traffic signals on the comer, which is an ongoing problem for them; however, they were generally in favor of the project. The applicant anticipated about 125 customer trips spread throughout the day, which would not significantly impact traffic. The architect's drawing of project was shown to the commi~tion. Following a brief discussion, it was MSUC (HallIBurrascano) to accept the negative declaration; vote carried S-O. 2. IS-94-1S: Food-4-I.ess-Architect for the project showed the FlimifUlt')' site plan and explained how they met the criteria for traffic. After a brief discussion and clarification, it was MSUC (Johnson/Ha1l) to accept the negative declaration; vote carried S-o. 3. Doug Reid presented some bids on historical site p1aquea. Tbere are 4S historical sites designated and only 32 Qr 33 have plaques at this time. This item was origifUllly in RCC'. budget, then withdrawn by the City Manaier. 11 was cSec;d.... they pursue alternative fullding, however, no other options have been I" IVtM to date. [Ghougassian left the meeting at 7:00 p.m.] Doug Reid showed the video of the Council'. JIIeetlng wbae Xracba 1" wted the RCC'. "Improving the Pnvironment" list. Council voted to accept the list, excluding 14 to hire a recycling coordinator which was aIrady done; 113 on council'. responsibility for ovacrowded schools; and '14 for building aesthetic guicl..Jin"'-'l. Commissioners were assigned specific items to follow up on and be the contact penon with Council: Burrascano: II-recycling; I6-brush mllnllgement, 17-I"ndtt'JIping, I12-Brown Field / ; 7. L(z. -:1g- , - Resource Conservation Commission Page 2 flight path. Kracha: l2-<:omposting, I3-pUJ'l'Jll.c;ng, I1G-city landscap\nglmu1ching. Hall: IS-CUP'.,I8-parla. Gucrreiro: IU-quality of life, land uae. Johnson: 19-acbools involved with env:ironmmtal c:oncems. STAFF REPOR.T: Reid reported he attended the meeting with the Secretary of the Interior-Babbitt, along with Burrascano and Myers. Reid will be absent next meeting. CHAIRMAN'S COMMENTS: Kracha announced Disclosure Statements should be turned into City Clerk as 100II as possible. Mir.h....1 Meacham represented the City at the recent Harbor Days Festival and received negative comments from anti-recyclers. Kracha reiterated the importance of edl.....ring the public on the City's recycling efforts and more concern for the environment. COMMISSIONER'S COMMENTS: Johnson commented on the Council addressing classroom size limits and the favorable comments as seen on the video tonight. As Kracha's presentation to Council was the first proactive move by this commission, Johnson said he would work closely with the IChools in edv....rillg them about environmental concerns. Ball reported her involvement in CUP meetings. They are trying to differentiate with those items that one-time uae and those that need continual follow-up. Burrascano said she may be absent at uext meeri"g, but will be unable to call in ahead or time as she will be in the desert and will have DO access to a telephone. . Kracha expressed his desire that the City of Chula Vista be known as a City which is environmentally responsible. He will focus iniri..lly on edl1....rillglChool children. ADJOURNMENT: The meeri"g was adjoumcd by Chairman lCraclIa at 8:16 p.m. Bapectfully submitted, EXPRESS SECRETARIAL SERVICES 'fLW~ ~~ Bubara Taylor / ~~1- ' 1'7- Lf3 ATTACHMENT 6 DESIGN REVIEW COMMITTEE / 7 i/ 1.1 MINUTES OF A REGULAR MEETING OF TIlE DESIGN REVIEW COMMItTEE Mond~. March 28, 1994 4:30 p.m. A. )tOLL CALL MEMBERS PRESENT: Conference Rooms 2 and 3 Chair Gilman, Vice Chair Spethman, Members Rodriguez and Way MEMBERS ABSENT: Member Duncanson (with notification) STAFF PRESENT: Principal Planner Steve Griffin Associate Planner Luis Hernandez Community Development Specialist Miguel Tapia B. INTRODUCTORY REMARKS Chair Gilman made an opening statement explaining the design review process and the committee's responsibilities. She asked that all speakers sign in and identify themselves verbally for the tape when speaking. C. APPROV AL OF MINUTES MSUC (GilmanlRodriguez) (4-0) to approve the minutes of the February 28, 1994 meeting, corrected on page two, paragraph five to add that signage approved in the first sentence was for the Petmart building. MSUC (Gilman/Spethman) (4-0) to approve the minutes of the March 14, 1994 meeting, as presented. D. PRESENTATION OF PROJECTS 1. DRC-94-3S Valerdi Office Buildin2 311 OF" Street Office Expan$ion and Exterior Remodel Staff Presentation Associate Planner Luis Hernandez reviewed the proposed office remodel, indicating that there will be an increase in height to allow for a greater ceiling height (but which will not add a second story). The proposal also calls for a 630 sq.ft.lddition to the existing building. Staff recommended approval subject to the conditions listed in the staff report. Mr. Hernandez stated that the project did not include on-site parking but that an in-lieu parking fee would have to be paid for the required parking for the Iddition (2). However, contrary to what ws stated in the staff memorandum, the existing facility does not have parking; therefore, the condition related to this needed to be modified to reflect this n:as~~sment of the existing site. I 7 - i/) t PE.c;IGN REVIEW CQMMITIEE -2- MARCH 28. 1994 Committee Questions/Discussion . Member Speth man asked if the windows will be tinted; applicant Jorge Valerdi stated that there would be a light tint. In response to questions, project designer Juan Quemado stated that the window frames and the front doors will match the roof color, while the loading door at the alley side will be painted to match the stucco color; additionally, the projection of the existing roof overhang will be reduced to approximately 3'. Members discussed screening of the satellite dish. Member Rodriguez suggested that some detailing for the screening be provided, but not necessarily duplication of the level of building detail seen on adjacent structures; other members agreed. MSUC (Gilman/Rodriguez) (4-0) to approve DRC-94-35 and forward a positive recommendation to the Redevelopment Agency, with approval subject to the conditions listed in the staff report, and with the direction to staff that the satellite dish have some detailing to relate to the parapet. MSUC (Gilman/Rodriguez) (4-0) to amend the first motion by modifying condition "a" to read as follows: "An in lieu parking fee equivalent to the number of parking spaces required for the new office floor space shall be paid prior to issuance of building permits" . 2. DRC-94-34 Furr's Cafeteria 1032-1/2 Third Avenue Exterior Enhancements Member Speth man excused himself from consideration of this item due to a conflict of interest. Chair Gilman advised the applicant that with only three members available to vote, a unanimous decision would be required for project approval. Staff Presentation . Associate Planner Hernandez reviewed the proposal and the discussion at the previous committee meeting. He noted that staffs recommendation with regards to the proposed neon lighting remained that it be changed to an indirect accent lighting; staff recommended that the committee consider the proposed awning color in context with the new building color scheme. Apnlicant Presentation Project Architect Bill Suggs presented photographs of nearby properties, pointing out that neon and numerous colors are present within the vicinity of the project site. He suggested that the neon could be placed behind red translucent plexiglass as a lighting alternative. - ?;d - 17- 'fh J>FSIGN REVIEW COMMI1TEE -3- MARCH 28. 1994 Committee Discussion Chair Gilman stated that the red awnings would go well with the new color scheme, but that the neon lighting would not; other members agreed. Member Way asked if the applicant could consider changing the awning material to a type that could be illuminated from within; Mr. Suggs stated that this could be done. Members agreed that this solution was preferable. MSUC (GilmanlRodriguez) (4-0) to disapprove the proposed neon, and to approve the awnings as proposed or of a type that can be illuminated. 3. DRC-94-15 Bonita Carwash 3048 Bonita Road Full Service Carwash Staff Presentation Associate Planner Hernandez presented the development proposal, which is part of a request to annex the subject property to the City of Chula Vista. He reviewed the project and stated that staff supports the project, noting that recommendations have been made relating to architectural detailing of the proposed building. Committee Ouestions/Discussion Chair Gilman asked how the residences behind the property will be accessed; Project Architect Ron Lane stated that access is being re-routed to the other sides of the lots in question. Member Way asked if the Sweetwater Planning Group had seen the project; Mr. Hernandez responded that he had attended the group's meeting at which the item was presented, and that they had been supportive of the project. Members felt that the north facade of the building did not need a hip roof, but agreed with the first three architectural recommendations made by staff. Member Spethman added that the trellis element at the second story should be more substantial. Members also felt that the second stucco color alternative should be utilized in conjunction with the first, and that the colored concrete' should be lighter. The applicants concurred with these recommendations. Audience Discussion I 7 II 7 Margaret Gilpen of 3320 Lynnwood Drive stated that she approved of the project design but had concerns related to traffic issues. Erina Fornataro and Roland Fornataro, property owners at 3240 Lynnwood Drive and 3249 Holly Way both stated concerns about traffic, including the exit areas of the project which might create problems with traffic backing up on the streets. Mr. Fornataro stated that stacking areas provided were . inadequate, and that he would like to see access for traffic to exit easterly onto Bonita Road. Mr. Lane stated that the current plan provides for both ingress and egress to Bonita Road. Mr. Fornataro stated that the exit onto Lynnwood Drive could create an accident, with traffic turning onto Lynnwood conflicting with cars exiting the carwash ..,.... - DESIGN REVIEW COMMITTEE -4- MARCH 28. 1994 site. Principal Planner Steve Griffin noted that land use issues (e.g. traffic) will be discussed at public hearings before the Planning Commission and City Council. Mr. Hernandez added that a traffic consultant will be studying this issue, including impacts created by the new school and church nearby. Committee Discussion MSUC (GilmanlSpethman) (4-0) to adopt Negative Declaration IS-93-23. MSUC (Gilman/Spethman) (4-0) to approve DRC-94-15 subject to the conditions stated in the staff report, with the following modifications and additions: "e" -delete the fourth recommendation relating to the hip roof; add condition "g" - Minimum 6x6 posts to be utilized at the second story trellis; add condition "h" - "The second color option shall be included in walls, the multi color roof material shall be utilized, and a terra cotta colored concrete shall be utilized in place of the red". E. STAFF COMMENTS Associate Planner Hernandez stated that the beautification awards committee field trip would take place on April 4th. Mr. Hernandez advised that the City Council had again continued the appointment of the new member to the Design Review Committee. F. ADJOURNMENT The meeting was adjourned at 5:47 p.m. ~~ Patty N . s, Recorder - 33 / /7- L( 'l ATTACHMENT 7 INITIAL STUDY AND NEGATIVE DECLARATION /7 - (/1 17- S-u l negative declaration ) I I I Romer NAME: Bonita Car Wash Romer LOCATION: 3048 Bonita Road ASSESSOR'S PARCEL NO.: 570-220-30 PRomer APPLICANT: Charles Tibben. 3907 MassacJ>'Iset.ts Aveuue. La Mesa CA 91941 CASE NO: IS 94-04 DATE: February 2. 1994 A. Proiect Settinl! The project is proposed on a vacant 29.108 square foot (.67 acre) site located at 3048 Bonita Road (the southwest corner of Bonita Road and Lynwood Drive) in the unincorporated area of the County of San Diego. The project site bas an lverage graded slope of 5~ and a maximum graded slope of 30%. Two single family dwellings are located IOI1th of the site. Pier 1 Imports is located to the north across Bonita Road and "'mini.lrItive. office and professional is adjacent to the east. The Rice Canyon flood control t'.h~"""'1 is imnv>diately west of the project site and I-80S is imm..niately west of the flood control t'.h~n""l. B. Proiect Descrintion I The project will involve the constrUCtion of I single two-story IlnIC1Ure incorporating a 1278 square foot commercial carwash bay. 245 sq. ft. office. 193 sq. ft. Jr'N'''~n;,.-tl room. 231 sq. ft. cashier area. 165 sq. ft. restrooms. and I 200 sq. ft loImge. The first-floor will . contain the car detailing area, cashic;r. restrooms. ......"~n;t'.s room and the carwash bay. The second-floor will have the office. loImge and I roof deck area. The access to the building will be It the west end of the building. There will be six parting spaces. and an area for drying and SlaCting (area Where cars enter and exit carwash bay). The proposed carwash. will be open from Bam-6pm and there will be eight employees. five full-time and three part- 1ime. One hUDdred twenty five (l2S) 10 2SO customerS are ~1Ild per day. Tbere will be two deliveries of supplies per momh. The discretionary -.:tions ueoe"sary 10 imp~ the pr~ carwuh P'~ject will include: an Amlexation, GeDeral Plan ~"",,"''''''IIt, I Prezone. Fa"dat Plan lIW'unI, 1be ...,....... of I Conditional Vie Permit. I Oradin& Permit and an -""-10 1be uIItinc IeMI' IefVice and aDDexation l&Ieement for this site (1If....- betwerD 1be City ofCllula Vis1a and Phil Creaser. Georle M. Warwick and KeJmelh W. Baird. JuDe 19. 1990) or I Dew I&/ef-. . The project consists of I proposaIlO amend the curreD1 City of CIIula Vim GeDeral Plan land use designation from Residential Low (0-3 dwe1lin& units per acre) 10 O-....~ial Visitor. The site is proposed 10 be prezOJlflll C-V (O-.....MCial Visitor). /7-51 -31- _.... __ _____ ~_._.._ _'_.at._ .......____. ~Vt- -,,- '"~ ftW .,. In the Sweetwater Community Plan, Part xm of the San Diego County General Plan, the site is designated Office, Professional and Commercial. The site is zoned C-30 in the County of San Diego. The applicant is requesting that the City of Chula Vista anDeX the site and that the General Plan be amended to designate the site as Commercial Visitor and prezone it as C-V, in the City of Chula Vista, to accommodate the proposed project. The physical development of tht project relating to the requirement of a grading permit will involve excavation and fill of 2600 cubic yards of soil that is currently on the project site. The project is considered to be in the floodplain and as such, the project, if approved will have to comply with city adopted FEMA standards for building in a floodplain: that the lowest floor elevation (to include basement) of nonresidential struCtures be elevated or to a minimum of one foot above the regulatory flood elevation or that the project be floodproofed. The applicant will also be required to pay additional fees to the Spring Valley Sanitation District pursuant to the City's agreement with the S.V. Sanitation District, for the use of the District's outfall sewer. The applicant will be required to pay the following fees: public facilities development impact fees, traffic signal fees, transportation development fees, sewer capacity fees and fees imposed by the Spring Valley Sanitation District. The applicant will be required to dedicate a sufficient area fronting Bonita Road to meet requirements for a four-lane major with dual left turns (S4' centerline) and to provide street improvements; curb, gutter, sidewalk, driveways, street lighting, drainage improvements and A.C. pavement. A right-turn-only sign for the Bonita Road entrance will be a condition of' project approval. The applicant will be required to widen the proposed 24' driveway on Lynwood Drive to 28 feet. For ease of use, the applicant will also be required to provide a 20' wide entrance and 20' wide exit on Bonita Road to meet Fire Department standards. The project will employ eight individuals, generating a negligible impact on public services. The impact is less than significant. However, the Chula Vista School District and Sweetwater Union High School District developer fees will be ISsessed on the project in accordance with state law that currently provides for a developer fee. The proposed project site is located in a 100 year flood plain. It is not known what impacts downstream ('hAn....! improvements to the Sweetwater River ChanDeI may have on the floodplain elevation at the site. The existing on-site facilities allows lUdace flow northwestward to Rice Canyon Creek, which is lmmfodiately west of the proposed project site. The off-site drainage facility is the Rice Canyon Creek, which discb....ges to the Sweetwater River ...h..n....t. ADalysis bas iJvI...""", that offsite drainage facilities iDcluding the Sweetwater River ("h........l at the confluence of the Sweetwater River and the Rice Canyon Creek are inadequate to aerve projected flows from this and other projects. Engineering S1aff state that the requirement for the applicant to build the project one foot above the floodplain will reduce any potential impacts to . level below ai&nificant. c. ConmatibUitv with 'Phln~ .niI 7nninv The project involves . proposed change of the current City of Chula Vista General Plan designation of "Office Professional Commercial" (Sweetwater Cnmmtlnity Plan) to WPC F:\IIOMElPLANNING\STOREDIICDO.9XRd. ICllI.93.ICIU.93) ....e 2 , lIS?.. "Commercial Visitor." The site is proposed to be prezoned "C-V" (Commercial Visitor). The property is currently located within the County of San Diego unincorporated area and subject to land use controls established within the Sweetwater Community Plan. In July 1989, the City Council adopted a comprebensive update of the Cbula Vista General Plan and referenced the newly-adopted Sweetwater Community Plan as the basis for land use designations within the unincorporated portions of the Sweetwater Valley 1hat fall within the City of Cbula Vista General Plan area. 'Ibis action was taken primarily due to the fact 1hat the County was in the process of updating the Sweetwater Community Plan during the same time period 1hat the Council was considering the adoption of the '\P"'RtM General Plan. Property located to the east, across Lynwood Drive, also in the County, is desigroRtM "Office Professional Commercial", and property located directly south and elevated above the level of Bonita Road, is designated "Retail Commercial" and zoned "C-e" (Central Commercial). The Sweetwater Community Plan does not directly Ilddress properties oriented to major freeway access and the City of Cbula Vista bas, in many cases, designated developable property at major freeway interchanges and "gateways" to the City as "Commercial Visitor" in an effort to limit the range of land uses to those oriented to tourism and the travelling public (e.g.. botels, motels,restaurants, car washes ,etc.) Proposed modifications to the Chula Vista General Plan for areas located within the Sweetwater Planning Comlllllnity need to consider the Sweetwater Community Plan fabric but at the same time land use compatibility within areas currently located within the City of Cbula Vista General Plan. The proposed General Plan land use designation change to "Commerica1 Visitor" and prezoning to "C-V. (Commercial Vistior) is considered a compatible land use at Ibis location. D. Identification of Environmental Effects Traffic The project will be conditioned to dedicate a sufficient area fronting Bonita Road to meet requirements for a four-lane major with dua\left turns (54' centerline) to meet city street design standards. The Threshold Standards require 1hat all intersections must operate at a Level of Service (LOS) "C. or better, with the exception 1hat Level of Service (LOS) "D" may occur during the peak two bours of the day at signalized intersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reacb LOS "E" or "F" during the average weekday peak bour. Intersections of arteria1s with freeway ramps are exempted from Ibis Standard. The proposed project will comply with this Threshold Standard. The proposed project approximately will increase the ADT (avenge daily traffic) by 900, per a traffic analysis submitted by Darnell &. Associates, in beha1f of the projett applicant. LOS"D" occurs for no more than two hours per day, thus complyina with the City's LOS I1IDdards. The conclusions of the City Traffic J:"g;n-r and the above cited traffic CODSUlllllt are 1hat the proposed project is not expected to create any sipificant impacts to Boni1a ROId and/or Lynwood Avenue traffic. The traffic generated by the carwasb is spread fairly evenly over the day. This reduces the potentia1 for significant impacts occurring. The intersection of Bonita ROId and Lynwood Drive is conttol\ed by the County of San Diego 1DIl1be applicant WPC F:\HOMElPl.ANNINGISTOaEDIICIZO.9JJtd. 10l1.93.1ClZ2.93) 17- 53 PIle 3 will comply with county standards and requirements. The traffic study recommeDded that the proposed 24' driveway on Lynwood to 28' for ease of use. Bonita Road is currently classified as a four-Jane major roadway with bike lane. Sufficient dedication is needed to meet half-width standards of said designation. Also, the applicant will be required to widen the street to half-width standards along the project's frontage with bicycle lanes and provide curb, gutter, sidewalk, driveways, street li&hting drainage and A. C. pavement. Street improvements of Lynwood Drive will insure the project's compliance to current County of San Diego and City of Chula Vista standards. This will allow for the future buildout of Bonita Road as discussed in the General Plan Cin:ulation Element. m The Fire Department will be able to provide an adequate level of fire protection for the proposed facility without an increase in equipment or personnel. The Fire Department requires that the applicant provide a 20' wide entrance and a 20' wide exit on Bonita Road to meet Fire Department standards. E. Mandatorv Findinl!s of Sil!nificance 1. The project has the potential to substantially degrade the quaUty of the environment, substantially reduce the habitat of a fish or wildlife species, cause fish or wildlife population to drop below self-sustAining levels, threaten levels, threaten to f'lImlnate a plant or animal community, reduce the Dumber or restrict the range of a rare or endangered plant or .nlmAI, or eliminate important examples of the major periods of California history or prehistory, The project site is in an urbanized area and bas previously been cleared and no sensitive vegetation exists. The proposed project, the construction of a commercial carwash with an office, mechanical room and carwasb bay, does not bave the potential to degrade or reduce any existing habitat. 2. The project bas the potential to achieve short-term envlronmentalgoaJs to the disadvantage of long-term environmentalgoaJs. This project will require an annexation, general plan IJIIeDlIment. . prezone (rezone), . conditional use permit, . sewer 8&leement and . grading permit. Concerns regarding potential envirOwJlental impacts raised by 11aff, """........nity groups and citizens were the following: Traffic A traffic l1Udy provided by the applicant stated that the project traffic is DOt expected to create any significant impacts to Bonita Road and/or Lynwood Drive, The applicant will be required to dedr..\I' . sufficient portion of the lite to meet four-Jane half-width requirementS, which will allow for future buildout of Bonita Road. As a result of Engineering's requirement for the roadway dedication, the proposed project will be consistent with the long-term conditions discussed in the Circulation Element of the General Plan. WPC F:\IIOME\PLANNINGISTORED\1020.~. 1021.93.1022.93) ..... 4 17- S l; -30- ~ Noise levels are above current standards for the area at 66 db and the increase created by the proposed project, .2db, is negligible. As 2.Odb would be considered a significant impact, the estimated increase is below a level of significance. The proposed carwash will be constructed in a cleveloped area, of which a majority is designated as retail-commercial. The impacts of traffic and noise have been found to be less than significant. City facilities will be adequate to serve the proposed project and no new facilities will be required. Therefore. the project d oes not have the potential to achieve shon-term environmental goals to the disadvantage of long- term environmental goals. 3. The project bas possible effects wbIch are IDdiTidually Umltecl but cumulatively considerable. As used In the subsection, "cumulatinly considerable" means that the Incremental effects of an individual project are considerable when vieweclln connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. All impacts,both individual and cumulative have been fOUDd to be less than significant. City facilities will be adequate to serve the proposed project and no new facilities will be required. The project does not have the potential for individually limited effects being cumulatively considerable. 4. The environmental effects of 8 project will cause 8 substantial adverse effects on human beings, either directly or indirectly. The proposed project will not cause any significant impacts and it is in compliance with threshold standards for fire. police. schools. libraries and other public facilities as discussed in the threshold section of this document. As discussed, the proposed project will not significantly impact air quality, noise levels and traffic in the project area. The project will not cause adverse effects to humans, either directly or indirectly. F. Consultation 1. Individuals and OrRllni7J1tions City of Cbula Vista: Susan Vandrew, PJ_nning Barbara Reid, pl_nniflg Ken Lee, PJ_nning Duane Bazzel, PJ_nning Ed Ba1Chelder. PJ_nning Luis Hemandez. PJ_nning Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg, "l1gi-mg Bob Sennett, PJ_nning Ken Larsen, Director of Building It Housing Carol Gave. Fire Marshal WPC f,IIlOMElPLANNING\S'IOIlEll1l020.9XIld. 1021.93.ICI22.93) 1'7 - )S- ..... 5 Crime Prevention, MaryJane Diosdada Marty Schmidt, Parks &: Recreation Dept. Rich Rudolf, Assistant City Attorney Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva App1icant's Agent: Charles Tibbett 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19. Chula Vista Municinal Code Undate of Geotechnical Reoon Bonita Car Wash (Reference: Repon of Geotechnical Investigation, Jaric Office Building, Bonita Road and Lynwood Drive, Bonita, California, April 19, 1990) Addendum to 1990 Environmental Site Assessment Reoon. November 1993 Letter from Hans Giroux &. Associates, Environmental consultants, re: BonitalLynwood Car Wash Noise Impact Potential, November 9, 1993. Sweetwater Community Plan, Pan xm San Diego County General Plan Traffic Renon For Bonita Car Wash, Darnell &: Associates, Inc., Transportation Planning and Traffic Engineering, January 20, 1994. Revised Traffic Reoon For Prooosed Bonita Car Wash, Darnell and Associates, Transportation planning and Traffic Engineering, April 21. 1994. 3. Initial Studv This environmental determination is based on lhe attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The repon reflects the independent judgement of the City of ChuIa Vista. Further information regarding the environmental review of this project is available from lhe ChuIa Vista Planning Depanment, 276 Fourth Avenue, Chula Vista, CA 91910. E~~~kR:~~'~~RDINATOR EN 6 (Rev. 5/93) WPC F:1II0ME1PI..ANNING\STOREllII020.9lIld. 1021.93.1022.93) /7 - s (; ~~a_ PIle 6 \PPUCATION CANNOT B. .~c.'U.t'TED UNLESS SITE PLAN IS FOLDED TO FIT INTO AN 8.112 X 11 FOLDER City of OIuIa Vista Applicazion Form ,Far Office UIe 0lIIy ;1~;~tJr~ )~No. /2G?VZ- ."J)I&e. . .... .Itet "d. .... ,:~' ".,' - .. ~ecIbWiE' . '....~... .vjocl.No. .. . A. 'lri No. .,....'.N. 0.....'. .......,.. ;..taW .~No. ;,::::~:;::,.,-,;..:-::;.:._.:>:,:,::..,-.,,:::;..;,.:.:'-.,.,-:'.;-.,- rnmAL SruDY A. BACKGROUND 1. ProjectTJlIe BONITA CAE kJA&H 2. Project Location (Saeet IddJess or deaaiplion) c...I-lD! A \l'~"TA (IA . ~48 E:.o~ITA f21"'l.4.D AssesSOIS Book, Page cl Parcel No. 3. Brief Project Description 'FOL-l- 1:>~IjIc..E C~WAS.UJ 1)E"TA!L Arr;~ . 4. Name of Applicant C~AR.L..6c::. TI Eb~ETT Address..39QLMA'SSACHv:,t=:T1S AV6. Fax' Phone (pc17-7~(.. r City y ME5A- State~ZiP...9lSiL- 5. Name of Preparer/Agent.:f?(') ~;=- Address 3.90.) MA<;~AUJ. U<;ET'T '- tw. Fax' Phone 697-;;"::-- City J- A M::"b A State (lA- Zip qj~4-! Relation to Applicant E#rr\r.yu 6. Indicate all penniu or IppI'Ovals and enclosures or documcnU sequired by the Environmental Review Coordinator. L Penniu or IppI'Ovals required. ..JC. 0eDeraI Plan A-t ~ RezoutIPrezone Orldin Permit - , _ TeDlative I'IrceI Map ..t:.. Site PIaD I: Arch. Review _ Special UIe PlnDit ~ Desipl Review Applicalioo _ TeDlllive Subd. Map _ Redeve\op"""" Aprtt:y OPA _Redev~.- Aprtt:y DDA _ PabIic Project ~ ~ftIWI!9.titwI .L.. SpecifIC PIaD ...:::.. (,on"mr...1 Use PlnDit _ Variuce _ 0---1 ~,_.~.t 0Iber I'InDit - Ifproject is . Genen1 Plan A-m-dlllllll aJlor aezoae, pJeue W1l"-lbe cbInF ill deIipIadon from to &cJos\IreS or cIucwI...dS (. ...q.dred by Ibe Ilaviranmlllllllteview Coanfinator). _ Arch. ElevIliOlll .:t- Hy\RIoIIcII Study I ..........1'" Plans ..........~.I Slud - . _......- y _ TeDlative S1IbcL Map ArdIliOoIoIIcaI Sludy _Impoovemeat Plans =NoiIe Alm-t -:r Soi1I Report _ Olber AJeIII:Y PlnDit ...A- Qeot_lmIt11 RepM 0Iber i7) 7- b. _ OndiD, PIaD _ Plrcel Map _ Precise Plan _ SpecifIC PIaD Tnff'1C JmpICt Report ~ Hazardous Wille ,.--. B. ~OPOSED PROJECT 1. L LInd Area: aquare footage ~ or aauge C). ~o5 Ac. If land area to be de<Jit::....!. .. IaUP IIId purpose. b. Does the project involve the COIIICrUCdoa of aew Iluildinp. or will aistinlllr\lClln be ...m....!'? NE.I..\ rn~L""IO\.\ '2. Complete Ibis ledion if project is leSidential or prlxed use. M L Type of clevelopmen~ SinJle FlIIIi1y _ Two Family _ Multi FlIIIi1y _ Townhouse _ Condominium b. ToW number of IU\ICCUIeS c. Maximum height of It1'\ICtlJft:S d. Number of Units: 1 bedroom - 2 bedroom - 3 bedroom - '''-, .. bedroom _ " ToW Units _ e. Gross density (D'ultotatICJ'eS) f. Net density (DUltotal'1CJ'eS minus lilY dedication) , I. Estimaled project population h. Estimaled sale or nmw price rIIIF. i. Square footage of SlNCtlII'e ' , j. Percent of lot coverage by buildings or ~ k. Number of on-site parking IpICCS to be provided. , L Percent of site in road IIId paved surface "- -. ". 3. Complete Ibis section if project is commercial or ildU!trial or pUxed use. L . Type(s) of 1IIId use ('-^M~ r./ A L ('.A~ b. Floor area , \ B ~ IfeiIht of ..wc:tmCl(s) $?O c. Type of CClIIStNCtion uud in the IIr\JC:IIR ~,,-t:. . I. ::..~'~-;~ '=~IDId~ 1LJ\wt (\u~~t"iI,,.c. ~-I'\rllr'~\..~. +- :~~ft... =~:n:: :::m=;:: ~ ~ ~t~~i~t :~%~e Number of Ihifts I Total A EItimIted Dumber.DC c:ustomm ~ day) IIIIl bISis of acimIle ,2.'5 _~~~~ ,.,n 1::u~/' -'=-h.'l ~~?ric.., o~ "~~I;l.L I 7 :51) d. e. f. _1 h. Estimated Dumber of deliveries per day .0 (p Z If\\otiI+.1; . I. i. Estimated nnp of ...ice area _ besis of............ 6. W'\:\. "'A.J.~ ,..c....C' \:)::1<;.... A /,)r\ ,. o"'....,Ai'f"oJ2f (""(!.<,.t..':V('-^ . j. TypelexteDt of operations DOt kI enclosed bllild~ "'DR-'rll:>l~ O~ t'MZc..... k. Hours of ...-Ition --.J2. : 00 At:1-,j-o (0: Pt'1. L Type of exterior Iiptin, ~~ \ ~I..D Eo b ~ .R ... If project is .sz!!aJhI!l m~l. ..<iul.._"w or industrial compldc dIis leCtioo. N~ L Type of project ., . b. c. d. Type of flK'mne$ provided e. f. I. h. Square feet of enclosed IUUCtUJa Heisht of strUCtUre(s) - muimum Ultimate occupancy load of project Number of on-site JIIrldnI spaces 10 be provided Square feet of road and paved swfaces Additional project charlcteristics ., c. PROJECT CHARACTERISTICS 1. Wi1l1he project be required to obWn a permit through the Air Pollution Control District (APCD)? ~O 2. II lilY type of JI'Idin, or acavllion of tile I"~ 1IlticT'Iled'1 -1:E. ~ If YIlt compldc tile fonowin,: L kludin, tIaICheI to be bIctfilled. bow many cubic yards of e.1h will be excavlled? CDOi::a.JQoC.,., ~t..'" ~()D rt'i Arr~c,<; L.Y~ b. . How many cubic yards of fill will be plIced'1 .!::..I CD ~ t") C. V. Co How much .. (Ill. ft. or ICIII) will bC pIded'1 · S e4lU",.... d. WbIl will be tile: ....1....... depth of cat (0' A.... depth 01 cat 2.' Mu;...- depth of fill 3' Avenp depth of fill 2' 17 .5 7 ...' 3. <t. 5. Describe all energy consuming devices which are part of 1be pau~ project IIId !he type of energy used (air corwtit1lW1ing, eIectricallppJilnce., llaling eqIAir.~ etc.) AI? (\nNt'l~IO\.hN.('1 J f'S cU'~~:""!:l\ "^~C".. r-- ~.k'(.J~~ ....;,..,.. 1be alount of IIItInl open IpICC tbIl is part of die pro~ (Ill. A. ar 1CftS) tS.k ~.n ~fl'Rf p Lbe. 4~~'.p'J - 5t.:.~O ~.1=". W__~,~~--...typeb1: jobs. ~:~ e: ..\.,~~) ..\" ~ .) .. /2.. 6. Will highly flammable or potentially explOlive mmrials ar IabltlnceS be ued ar ItOI'ed wilhin 1be project site7 ~O 7. How many estimated automobile 1rips, per day, will be ae<,u1lCd by 1be project7 -1#:1>>' --3~ 8. Desaibe (if any) off-site improvements necessary to implement 1be project, IIId their points of access or connection to the project site. Improvements inchide but DOt limited to !he following: DeW streets; street widening; extenSion of gas, eJectric. IIId sewer lines; cut IIId fill slopes; and pedesuian and bicycle facilities. C\lrb r,u~ II~I, ..~I P\iW :J!'\# r<~ ~n'l-b '?"S ~T ~~ ?~f'{ D. ~CRIPTION OF ~ONMENTAL S~G 1. peoton' Has a pology stUdy been conducted ClII1be pau~? ..:fr~ (If yes. ,han .,.-dl) Has a lOils nport ClII the project . been 1lllde7 ~E~ (If yes. ,1m! ...-'l) 2. Bvdrolo2V Are lilY of 1be following feaIma peaent ClII ar adjlcent to die .? .J::?S (If yes. Gplain in detail.) L Is the.re lilY surface evidence of a Iba1low ground WIIIr table? ..J::JO J 7 - (, 0 .__.___._. .. _,.J 1ft'lftM" ta.l. ICIZLIS) _ II ~ - .... 4 b. Aze 1here lilY w8leJCOUrSCS or dninIp improvements 011 or atjacalt 10 !be lite? YE':> J FLOOD ~o~"R-O~ c. Does runoff from !be project lite drain direc:dy in 10 or toward a domestic wlter supply. lake. JeSerVoir or bay? - lJn "F' n-"\r-, c...t,W)\lF J d. Could dninIp from !be lite cause erosiOll or .l1ttotl()ll to atjlcent IIUS? t.Jl'>T' U~F- L'r" e. Desaibe all drainIF &ciJities to be !,"voided and their 1oc::Iti0ll. ...J!.i..f.p, ...lr::lIh~lr ~ tt..-.A- wj Elf~TlI\J~ A.~ ~TQLVTt)Pt. N.IJ. C. ~ OF ~,rc:. 3. ~ L Aze there any noise sources in !be project Yk:inity which may ~ the 1II'Oiect SDe? ..hi 0 . b. Will DOise from the project impact any seDSilive receptors (hoIpUa1s. adlools. single- family residences)? ~O 4. Jiolo2V d. Does Ibe SDe involve lilY Coastal Sap Scrub vegetation? NO Is Ibe project site in I nerural or paniaIly IIItUrIl stIle?..1:J() - 'J?hR.T 1 ALlY If yes. has I biological survey been conducted 011 the plerpe;rty? Yes No X' (Please attacb. copy.) Describe all trees and vegetation 011 the lite. Jnd;~" Jocootl()ll. beipt. diameter. rd species of trees. and which (if lilY) will be removed by the project. '5'I~e. h::l bun pr""';I"I...."'~ e.\C1::lI'~d t..\... ~\I'''' u~;}.n.-h.n-1 L b. c. 5. Past Use oflbe Land ~EE :..~\lIRPNME}fr,4L. CQITE ~"i>c;.E.'::>~I'tc:."'T. L Aze there lilY mown histarica1 or 1ICheoJop:.l reIClmCCIlotlleCl 011 or near the project lite? l-lO b. Aze there any known paIeonIoloaica1 reIClmCCI? ~ 0 c. Have there been any baDrdous IIIIIeriIIs diapaIed of or Ilared CIII or near the project lite? .1)Q d. What was the IInd previously aed for? ~. F. R. . $/7--01 6. CwTent Land Use , L Describe all suuaures Ift(\ IIIId Uses cumot1y aislinlllll the project .. ~.....\...."T'\ "-Ie.. ~ot.,.\I"ll "1::1\\ 'lU'\.l o;;..~~. p.,u....J..~~iDY\ , ~\n ~_u t'r, "",.. llc....r b. Describe aD ICI\IClUI'eS Ift(\ IIIId uses ........dlY piatilllllllldjlccDt P'''I'"''ty. North ..lllFI.\ 'P\e.&.J- ~ph:\ -~=~ East ~~O ~ ~ ~II" \ West _r~o..__('o\ ~h~"h' \ . ~'r'. Bee:> , 7. Social L b. Aze there lilY re&idents 011 .'1 ~O If 10. bow many'? Aze there lilY canent employment Oy~;';"" lIII .'1 -110 If 10. how many and what type'1 8. PIuse provide lilY ocher WonnaDlIII which may assist in the evaJuaDlIII of the P'upOSed project. I~E. ~AR WA~H WILL R~c..L.Al),1 qSo", ~I= lllL.,.,d' I~...F:'\ ~THe:. lJA'f..."'I)J~ OF- {Y~.I2<" .12n.JI!:l Q..4~<" t'~ .ijDIAR. S-r.l' 'E.xPEc...~ W~\u.1. .4\JERA4tE, APe,l?()'lLiMvlA-TC:L'I'" 1 (lAi.? ;:X I T r N b;J eVER. Y ~ Mili UTe: 5 J 1- ~ L- WI'C:I'!--- ,AIlMDlCJ\fI'l102l..ulll& 11lIDJJ) lI& 1_) -tfs'~ ",6 Z. CERTIFICATION I. . OWDtZ/awner in escrow. ~c.... ~.\I~~TT Priat ume or I. c:oosultant or apnt. Print name HEREBY AFFIRM. dlat to the best of my belief, the ItIIemenlS and information brRin contained are in all respects tnJe lUId correct and that all known infonnation concerning the project and its selling has been included in this application for lUI Initial Study of possible environmental impact and lUIy enclosures for aDaChments dlemo. r:Ll t? ~p Owncr/Ownl:z in Escrow Signature or QmsuItant ar Apnt Sipatl= 2 -zf"- 73 DIre -If ICting far I corporadon, include caplCity and COIilpany ume. 17- b 3 ________.._'!'J .' INITIAL STUDY PROCESSING AGREEMENT MIme vi Awlblc C I1~LE. c::. ""..l.J". E.. F 7,.. Address: 3Qc.., MA!=.....Ac.:7~~ ~~"'" < AU. City: LoA M E"!>4 SlIll: nA NIme vi AaIhorized .... Lmrivc (if 1ipIiDry): ~ CIty Salle ~t DIle: Depofil "-'t l/V"r}"- 'I1IiI.....acment r .....--1") 1Ien_ tbe City vi QuIa Villa,. ......... .laIIcipaI........alion rCity") _ tbe benamed appIicA (or III JniIiaI Study r Awl;".qtj, eftectM . vllb& .....~lCIIl Dale lit tanh ~. iI-se wiIh .......u to die foIIowin, facti: Pbone ~~~ ~'ti-7~~ f41..!\ I \ Pbone Zip WbereIS, die Appliclntllls applied ID die CIty lor III JDiIiII Study vi die type ~...4..........4 ("Initial Scudyj which die City bas required to be obcained as . CiOIIlIiIion to pamitlin,dIe Awlw-. to dneIop · plJ'CCl vll"..,.eny; and. Wheftas. die CIty will incur ......-cs in order to procell laid JniIiaI Study dlIuDJh die VIrious dr.p.thdllS IIld before die wrious boan1s IIICI commissions vi die City rPl....-io.' Servicesj; IIld. Wheftas. die purpoee or this _eaMIll dID reimbune die CIty lor aD e..peI_1t wID iDcar in CClIIMCtion with pnMdin, the Processin, Services; Now, thcRfore, die panics do ha'eby ap'llC. in achllllc (or die IIIIIlIIaI paII- IIaeln CIOIIlained. as follows: L Awlblt's Duty to Pay. 1bc Awlicantlhall pay all vi die City'. ..........e& u.........4 in pnMdin, Po....-ln, ServIce JeIated ID applicant'. Initial Study, incIudinl all vi the City'. dinct IIld ~ CCllllIeIaIed thInto. 'Ibis duty vi die Applicantlha1l be.acned 10 llaein.dIe "AppI;,.~t'. Duty 10 Pay." A. Applblt'. Deposit Duty M paniaI pcrfannIIICC vi the AppI",'''.'. Duty ID Ply, Ib& Aprl"-lllhall depalildIe amount arcnrercmnced \Deposit"). ' I, nc CIty IbaI1 cIIqc ill 1awfaI.., .- ........... Ia I"V' Idk, Pi. l . oJ Senil:cs apInst lbc AppIftad'. DIpoIIt u,... lbc ClIIIIClUlion vi ..." [ " tbe Awl;..."t'. IIIitia1 Study ,lIlY ptlIIiaII vi tbe DepoIIl..... ....... Ib& CIty sIIaII....1aid IIIiIIIlce 10 tIIc AppIftad widloal ... ___ u,lUIn& lbc 1'" . ,of tbe ~'. JniIiaI Study,dIe..-ll vllbc DIpoIIt t.ec .. .. -~ or .....r- ~111bly to IIecomc p'--" IIIlbc apInlon vi the City,aponllCllice vI_ by .. CIty, tbe AppII-ll sIII1I blhwith I"vo/ide .. --- depaIIt . lie Clty sIIaII ... '- . JIll '"\ably .... lIto CIIIlIIinue to I"vo/ide p" . II .... r r - ......, of lie AppIIr..Il ID laIdaIIy cllpalitllld ID -'" -- laid depaIiI. IlIniD u,d-1l4 II1II1 III .... . tbe "Applftad'. DlipoB'DaIy", D. CIty'. Duty TIIc CiIy shaI1, apon the CllI1dition .. .. ~Il illIIIlllllIrSI vi tbe AWL "''l'. Daly to Ply or die App1iclnt'. DepoIIlDaty, _ JDOdfalth IDI"...ide I" [: J..,.rnv-III.....totbeApp'ItolOtt.. Initial Study application. / 7 - b li - +'1-' .... ~llZI_(W....,,)(W.I_) A. ". City IhaIl haw DO liability ...._.cIer to tile AppI;.._1iar tile failare to poc:ea tile Applicant's lllilial SlUdy lppIicaIion, or for fIilure to procell dle AppIjcaqt', IDiIiaI SlIIdy wiIhin tile lime fnme requelled by dle AppI~ or IIIlimIIed by 1be CiIy. B. ByeucatiOll oftllis ..--t. tile AppHr-l1lllD IIaw BD riaJd to direQ or odMnile iIIfJualce lbe CIlIIIduct of dle IDiIiaI SlIIdy (or which lbe JIIPIkanl .. sppIied. ". City IhaIl ale Its dbaetion ill evalUldnI dle AwIn.tt,,1IIitial SlIIdy 1IlP'v.- wiIboul repnt to die AJlpI~" pomiIe to pay for lhe p.. '''1 Serlir or lbe ~-v.. of lbe Aw...-nL m. JemedieI A. SaIpenIion of P,( ~'1J .. aMltl()l\ to 111 olber rilhts IIId 10011 ~;.. which die Clry IIIID odIIniIe IIaw It law or equity. lbe City ... dle ri&htto ..jleIId lIIdIor withboId the .. . II of tbe IDiIiaI SlIIdy which is the _jecl .... of this Aw4lelMll&, . WIll . dle IDiIiaI SlIIdy wbidI My be tbe _jeclllllller of lilY olber Ptnnit which Applicant .... before the City. B. Civil Co1Icction In addition to 111 olber rilhlS IIld remedies whiclllbe City Ibal1 otIlcI'wiIe IIaYe 111"'" or equity, the City has the rilhl to c:oUea 11111IIIII wbich _ or may become due ...._.cIer by civil Ktion, IIld .. instilUtinllitiplion to coUect same. dle pm..uiII& s-tY Ibal1 be IIItided to nuanable aaomey', fees had costs. IV. MisCeUaneous A. Notices All notices. demands or requests provided for or pamiaed to be pwn ...-. to this Ap'eemenl must be in writinl. A1111Olices. demIndJ IIld requests to be ~ to lilY .-nY IhII1 be dec:med to have been properly liven or ~ if penonaUy ~ or deposited in the United SIIlC$ mail. Idchmd 10 lIUCh p&rty, pllIlaF pnpeid, Jqistaed or 0IIItified, widI n&um receipt requested. II dle Iddrcm I identified Idjlcenlto tbe sipatures of the ..1I.h"... lurted. B. Govaninl LawIV- 1bis Apeement sha1l be perned by IIld ClOIIIlNed iIllCCC1'dance with the ~ of dle Stile of Ca1ifomiL Any IClion .nsIn1 .. or I8IIIin& to tIIis Aw..ement IIlII1 be IIoulhl only in the federa1 or .. courts kaIed ill SIll Dielo c-ty, .. of Ca\ifclIIIia.IIId if 1lJPI~. dle City of Cbula Villa. or . '** tbento . paaIbIe. Veaae'" tIIis _ llf<1 of . pllfCllllllllCC 1lcnlander,IIlII1 be tile City of CbaIa Villa. C. Multiple SiJllllDries If IIlae _ mtiple .......to tIIis ""'11 yo .. beIIaIf of AWu-&. .. of.. ~ IIlII1 be joindy . lIWIIDy IiIbIe b tbe ...rc.._o[( of ~" ..... ... .. fonh. D. 5ipIIory AaIharily ". Ji&nIforY to this....... IIInby .......... ...... "I tbIIlt II tbe daIy deIipUed...t for dle AppticIIIlIlld .... been duly IIIlIlariIed by dle AppIjrMC to -- .. A.._t .. behalf of the AppliclllL SipIrory Ibal1 be penonII11 IiIIlIe for ~" Daly to Pay IIld AppIant', Duty to DIpoIlt ill dle ewDIlt..... been 1IIlI1ClIized to.lI~ dU A.l-*" by tbeApp~L /7- G5 ___C11 E. Hold Harmless AppIic8nllhl11 dr:fend. iIIdemnify IIId IIlIId IIInnIea lhe CIty, ill eIecled IIId IpIICIinled officers IIICI employees. from IIld apinIl all cIaimI for cIImIIea. lilbility, ClIIlIIId apIIIIC (iDcJudina .withoullimilldan atImlCyI' lea) lrilina oat m W ''1' AppIil:ant'.1aiIiaI SllIIIy, acept only for !bole t:IaimIlrilinafrom lhe _.._ ar _ wWfuI_ ~,... m lhe City, __..4 by lhe City, ill offiM1........ ar~ ill defeollIn.....1IICII cIIimI. wIIDlher lhe .-ne ..,.oceed eo jDdpment ar lIIIC. FIrdIer, lhe AppS-'I&. . ill CIWII _ Of!. 1ha11, .. written .-pst by lhe City. dr:fend ..y IlICb IlIit ar IClicln IIftIlIJht apinIt lhe CIty. ill ofticcn. ..ents, ar employeel. AppIw-.t'. iIIdemIIlI::IIi m tile City Iha11 be IiIIIlled by .., prior ar lllbequenl *dInIion by tile Appl;...'I!. P. Mm-""'IIiw CIIimI ~ .. IIId Po.....4.eI. No lllil ar ...lrIIioIt IIIaII be IIftIlI&bt .ulna oat m dIiI... .... ....lhe CIty .... . claim lias tint been ......-s ill wriIiq IIId &led widt the City m 0uIa Villa IIId ctDd upon by the Dty m OIuIa Villa iII_dala widt tile ............lI_ blIt iD ~ l~ m tile 0IuIa Villa Municipal Code, . _ may from time eo time be IIIIeIIded. lhe .......iIians m wbich are ir.alIparated by the reference u if IuUy III fardt hlreIn.lIId IlICIt polict.lIId procedtnI ued by lhe City ill the implementaliOll m _. t1pOII ftlqlIeSl by lhe City, the ApplicInlIllall meelllld CGllfer ill aood faith with the City for tile .....P'* m .-viD.., diIpule - tile.... m this . Apemen!. Now, therefore. the panies hereto. hama reId anti ....~ the ..... anti CllIlditiorlI m this apeemenl. do hereby eqnas lheir COIIIeIII eo lhe _ hereof by lIlDna their band hereto 011 the - III blIt adjIl:enl thereIo. City Dty m ChuIa Villa 276 Fourth A_ue OIuIa ~ 91910 By; L / C'L---'i;.- n..ed; $. - Z 9'- "7 c.3 Applicanl (ar authorized ."l"'.....Atalive) By: By: IlIIed: ~aat..ustlof.I_)tIof.I_) . 1706 -49- ... 10 . THE CITY OF CHULA VISTA PAIlTY DISCLOSURE STATEMENT SlIlemenI fA *"1OIln fA CIIIIiR ""-Wil" "'. pI)'IIIllIIII. II' CIIIIpmJII ClllIlInlllJliOllS, 011111 maaen which wID Ieq1Iire cIiaw~ ICIion 011 \he .., fA \he City ~I PIIMin& eo-...100l1Jll, IIId ID alher ofticiII bodies. TIle faIIowin& information IIIIISl be IJl..Jo-I' l. IJIt \he -.eI fA 1II.-_IIaYC. -.. iIIInII ill die .......1, Le.. ......... 1 .. ~....w .."uer. ' ~HAk?LE~ 12. T\'p...,f'"'-~l I _ l.rllc::. Mf"")PC.P~ ?AI'L D. "'''''l'''n'''I'''.,..,....... ""A~ foJlC::: A MA(.\Jf'1TTl') .. ' 2. If III)' penon idallified .-_.1 10 (1) aIlcM II . ""'....~ II' ,.1l_41Jp. .. die -- fA III llldividuall OWIIina men daIII1K fA tbe ..... ill die '*.....6... II' OwniIIalll)' .-'-Aip iIItIreIl in die pdICrIhi . ~AR..LE:1'~ \,It:::.l!.~~.t;, n~c;, MOi"F.RA~.r/~ADL 'D MAr,."i,.rr.~. J1AliLl''1':: . M~_ _____\S;(. . 3. If III)' penon idallified .-_IID (1) aIlcM II """"l"ufil arpnIDIion II' . lnIIt, .. 1he -- fA III)' penon laVinall direclCl' oldie -..profil cqani&Idon II' II tnII* II' bcneficiIry II' tnII* of die \rUSt. - ~-~ . Have )'OlI had men IbIn 5250 worth fA baIineIs nnacted with III)' _ber fA tile City iliff. BoInIs. Commislions. CGmmiaees IIICI Councu wilhin die pul twelve 1IIOII1IIs? - lJ(l 4. 5. PIcue identify ech IIICI every penon, iIIcIudina III)' tpIIS. lIIIpIoyees. ~II II' a.cIepcIIdcnt contrIC\CI'I who )'OlI "ve aoolp"'" In ......*"1 you Wen die City in \his 1II1111l:!: 6. Have )'OlI and/or )'1M' aftica'J II' qenll. ill tile IIJ1epIC. CIIIIIlrillueId men .... 51.000 to . CoancU _ber in die c:umnt II' In*Iina eIer;lion period? Yea ( ] No N If yea, IIIIe wbich Counci1 _ber(s): ..-........: ._w..... , .......A-I--&.T.....~ . &.. ...w........... _ I AI.. . . -.-. ........... .' . ........,....-r,...,.....-r,.. ' .. ""',............. ..'... .., ... ...... .. . ..... ...... fDI'I.= ... Uta' -...... .,) dd'pw SiJIIIIIft fA ClIlIIInI:lIIrIv-u DIte: i-Z,1-1; c,"/.RLE~ TI~"e:>E'" T PriDI II' type _ fA ClIllllIT ,-fatlpI~ /'7' (,7 "'11 ~~.AJS~ JDJIJlCJot IlIIZ.fJl ~" ~j - APPENDIX m CITY DATA SHEET PLANNING DEPARTMENT I. Current Zonina. on site: C-30 Commercial (Countv of San DieR{'t ZOlluur) North: CC South: R-I East: CO West: ODen Saace Does the project conform to the current zoning? No. Once the moiect lite is lIIIDexed. it will conform to the current ZOninR for the Citv of Cbula Vista. II. General Plan land use designation on site: Office. Professional Commercial North: Retail & Service Commercial South: Sin2le-Familv Residential East: Administrative. Office & Professional West: Flood Control Channel Is the project compatible with the General Plan Land Use Diagram? Ves. Once the nrolect is annexed :cd a 2eneral alan amendment is aaaroved. the aroiect is nrezoned. a nrecise alan is annroved and a onditional use Dennit is issued. it wil1 confonn to the Chula Vista General Plan Use Diaaram. Is the project area designated for conservation or open space or adjacent to an area SO designated? .A flood control channel is located west of the arooosed nroiect site. Is the project located adjacent to any scenic routes? Ves. Bonita Road &om I-80S to SR-12S is . scenic route. (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route). The nrecise alan orocess reauires a landscaoe buffer and RUidelines for the orientation of the huUdinl!. which will arotect the scenic Dualil\' of the route. III. Schools If the proposed project is residential, please complete the following: Not applicable Uaits 1\-- AlI~ 00aeratiD& Ii'.rfftft Students Oenented fIl1m lmiSS ~ Cmacitv F.motlment ElemenlaJ}' JuDior Hiah Salior Hiah .30 .29 .10 IV. Remarks: The nroaosed nroiect will be in conformsnc::e with Chula Vista mnin2 mMi ftnI!ftJ DIm _ination once the she is lIIlftexed and . eneraJ alan mumdment and 1U1JIlC is anmoved. "":.fl? ffp, ~I (7B-~-<d ) Director f P1annina or R ive'" ~ ~. /er," Date /7-::'Q -51-- Bacqround Case No. IS 94-04 APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) I. Name of Proponent: Charles Tibbett 2. Address and Phone Number of Proponent: 3907 Mas~achusetts Avenue. La Mesa CA 91941 697-7461 3. Date of Checklist: Januarv 26. 1994 4. Name of Proposal: Bonita Car Wash 5. Initial Study Number: IS 94-04 Environmental Impacts 1. Earth. Will the proposal result in: m MAYBE r!Q a. b. c. Unstable earth conditions or changes in geologic substrUctures? o o . Disruptions. displacements. compaction or overcovering of the soil? . o o Change in topography or ground surface relief features? . o o d. The destrUction. covering or modification of any unique geologic or physical features? o o . e. Any increase in wind or water erosion of soils. either on or off the site? o o . f. Changes in deposition or erosion of beach sands, or chaDges in siltation, deposition or erosion which may modify the ...ha"""'l of a river or stteam or the bed of !he ocean or any bay. iDlet or lake? Exposure of people or property to geologic hazards such as earthquakes, iaDdslides, mud slides, ground failure, or similar hazards? o o . o o . g. /7. ~ / / ~52-- Comments: The project applicant submitted a Soils Repon tbat was written in 1990. The Engineering Department required an updated repon. The Undate of r.-.ntPrhnical Reoon-Bonita Car Wash was completed in November 1993 and submitted to 1he pl2nn;ng and Engineering Departments for review. The updated soils repon concluded tbat 1he recommendations and conclusions of the original geotechnical investigation are still valid and appropriate for 1he proposed constrUCtion. The repon calls attention to 1he stockpile of undocumented fill tbat was DOted in 1he original repon in 1he DOrthwest comer of 1he property and west of 1he drainage swale tbat slopes down to Bonita Road and recommends tbat 1he fill be removed and recompacted. Also, 1he repons DOtes tbat 1here was evidence on site of a shallow surficial slope failure in 1he slopes above 1he existing remining wall located along the eastern boundary of 1he present property. The plans may result in 1he area of the failure being removed during planned excavations. If 1he final plans do not modify this area, this slope failure will require repairs to restore its original configuration. The project will involve excavation and fill of 2600 cubic yards of soil that is currently on 1he project site. The original geotechnical repon did not cover 1he adjoining easterly property which is now proposed to be part of the current project. The updated repon recommends tbat a geotechnical investigation including subsurface exploration be conducted in this area to provide information on the foundation's suppon characteristics and the parameters for lateral eanh pressure' tbat would be required by the designer for retaining wall design. The City Engineering department will require soils information described above prior to issuance of a grading permit. No unique geologic or physical features exist on site. Cutting and filling is involved in 1he proposed project and as such the topography will change. As there are no unique geologic or physical features on the site. this will not be a significant impact. 2. Air. WiII1he proposal result in: m MAYBE l:iQ a. Substantial air emissions or deterioration of ambient air quality? o o . b. The creation of objectionable odors? o o . c. Alteration of air movement, moisture, or lemperature, or any change in climate, either locally or regionalJy? o o . Comments: The project, if approved, will meet City .LOS. 1hreshold ItaDdards IDd geuerate an additional 900 AnT (average daily trips). The roadway currently has. 44,730 AnT. Nine huDdred (900) is not . considerable increase in 1rIffic flow IDd will DOt significantly impact 1he air quality. The applicant will DOt be required to obtain a permit 1hrough 1he Air Pollution Control District(APCD). 17- 70 WPC f,1II0ME\PLANNING\S1ORED\ID20.~. 1021.93.1021.93) - ,,:3-" PIIeZ 3. Water. Will the Proposal result in: m MAYBE ~ a. Changes in currents, or the course or direction of water movements. in either marine or fresh waters? 0 0 . b. Changes in absorption rates, drainage patterns, or the rate and amount of lIIrface runoffl . 0 0 c. Alterations to the course or flow or flood waters? 0 . 0 d. Change in the amount of surface water in any water body? 0 0 . e. Discharge into surface waters, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? 0 0 . f. Alteration of the direction or rate of flow of ground waters? 0 0 . g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? 0 0 . h. Substantial reduction in the amount of water otherwise available for public water supplies? 0 0 . i. Exposure of people or property to water related hazards such as flooding or tidal waves? 0 0 . Comments: The project is considered to be in the floodplain and. as lOCh. the project, if approved. will have to comply with City-adopted FEMA Standards for building in a floodplain; that the lowest floor elevation (to include basezrv!Ut) of DOD-residentiallt1'UCtUre5 be elevlled to a ",ini",,,m of one foot above the regulatory flood elevation or that the project be floodproofed. SitHpecific: drainage improvements will be required. The off-site drainage facility of the project si1e is die Rice Canyon Creek, which discharges to the Sweetwater River Channel. ADalysis has indicated that offsite drainage facilities including 1be Sweetwater River Channel at the confluenc:e of the Sweetwater River and the Rice Canyon Creek are inadequate to serve projected flows from this and other projects. /7 - 1 f J>oae 3 WPC F,IIIONE1PLANNINGISTOREDUlIZO._. Iml.93. 1lll2.93) Engineering staff state that the requirement for the applicant to build the project one foot above the floodplain will reduce any potential impacts to a level below significant. 4. Plant LIfe. Will the proposal result in: m MAYBE ..liQ a. Change in the diversity of species, or munber of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? 0 0 . b. Reduction of the numbers of any unique, rare or endangered species of plants? 0 0 . c. Introduction of new species of plants into into an area, or in a barrier to the normal replenishment of existing species? 0 0 . d. Reduction in acreage of any agricultural crop? 0 0 . Conunents: The proposed site had been previously cleared and no sensitive vegetation exists. Since vegetation is non-existent, the proposed project will not significantly impact any sensitive plant species. 5. Animal Life. Will the proposal result in: m MAYBE ..liQ a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? o o . b. Reduction of the numbers of any unique, rare or endangered species of .n;m.ls? o o . c. Introduction of new species of .nim.ls into an area, or result in a barrier to the migration or movement of .n;m.ls? o o . d. Deterioration to existing fish or wildlife habitat? o o . Comments: Tbe site bad been previously cleared and as such has no wildlife habitat. Thus the proposed project lite will not significantly impact fish or sensitive species. 6. Noise. Will the proposal result in: m MAYBE ~ a. Increases in existing noise levels? o o . 17- 7''- WPC F:\HOMElPLANNINGISTOREDIlCDO.9nIf. 1011.93.1012.93) . Plae 4 - ~ ~- - b. Exposure of people to severe noise levels? o o . Comment: The existing noise level measured by a Sound Level Meter is 66 db (decibels). This measurement was laken at 3:40 p.m. on January 14, 1994 at a point ucar 1he single family dwelling adjacent to 1be proposed project site. The carwast.. wilh lhe IU11IIeI parallel (per site plan) to Bonita Road. is expected to generate an additional 0.2 db to lhe site. An increase in noise is perceivable if lhere is a 2.0 db increase. The 0.2 db increase generated by 1be project is not significant. Thus. after review of project characteristics. lhe acoustician has concluded lhat lhe proposed project will not have a potential for a significant impact at 1he ucarest bomes and no lIlditional study is warranted. 7. Ught and Glare. Willlhe proposal produce new light or glare? m MAYBE W . 0 0 Comments: The proposed car wash is already in a well lit. developed area. The project will incorporate compliance wilh Chula Vista Municipal Code requirements relating to lights to minimi7" any impacts to below a level of significance. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? m MAYBE t!Q o o . Comments: The proposed project site is currently zoned C30 in 1he County of San Diego and designated office, professional and commercial in the Sweetwater Community Plan in lhe County of San Diego. The applicant intends to apply for annexation to the City of Cbula Vista, and apply for a General Plan Amendment to the designation of Commercial Visitor and prezone to Commercial Visitor. An approval of lhe annexation application, a general plan amendment and a rezone. conditional use permit. sewer agreement and grading permit will allow lhe project to be in compliance with lhe zoning and general plan designation and other requirements of lhe City of Cbula Vista. 9. Natural Resources, Will the proposal result in: m MAYBE W a. Increase in lhe rate of use of any natural resources? o o . Comments: The proposed project will not require an increase in 1he rate of any natural resources. The applicant has stated lhat 95'; of water used will be recl.~, .tbus placing no 4J00m."'" on 1he current water IUpply for 1be area. Air conditioning and five electric motors for the carwasb will be used. Since the proposed carwasb is . small scale operation and tbe area is alrelldy developed. the energy use of these devices will not significantly impact 1he uatura! resources in 1be area. 10. Risk of Upset. Will1he proposal involve: m MAYBE W a. A risk of an explosion or 1be release of hazardous substanceS (including. but not /7 73 Pqe5 'IIPC F:\HOMEIPLANN1NG\STOREDII02O.9J:Ref. l02l.93.um.93) -j~ - limited to oil, pesticides, chemicals or radiation) in tile event of an accident or upset conditions? o o . b. Possible interference witll an emergency response plan or an emergency evacuation plan? o o . Comments: No highly fI.mmable or potentially explosive materials or substances will be used or stored witbin tile project site, preventing a risk of upset on tile project site. 11. Population. Will tile proposal alter tile iocation distribution, density, or growth rate of tile human population or an area? m MAYBE 1m o o . Comments: The proposed carwash which will employ eight persons people will not cause any increase or distribution change in tile area population. 12. Housing. Will tile proposal affect existing housing, or create a demand for additional housing? m MAYBE 1m o o . Comments: The proposed carwash will be employ 8 people on tile project site and it is expected tbat tIlese people will come from tile community. No impact will result on tile local infrastructure and no new housing demands will be created. 13. Transportation/Circulation. Will tile proposal result in: m MAYBE 1m a. Generation of substantial additional vehicular movement? 0 0 . b. Effects on existing parking facilities. or demand for new parking? 0 0 . c. Substantial impact upon existing transportation systemS? 0 0 . d. Alterations to present patterns of circulation or movement of people and/or goods? 0 0 . e. Alterations to waterborne, rail or air traffic? 0 0 . f. Increase in traffIC hazards to motor vehicles. bicyclists or pedestrians? 0 0 . )7 . 73 . ",6 'WPC ',IHONElPLANNINGISTOREDIl020.-'. 1021.93.1022.93) _S-1- g. A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak -hour vehicle trips). o o . Comments: The proposed project will increase the average daily traffic by 900 per the traffic malysis submitted by Darnell & Associates on behalf of the applicant. LOS "0" occurs for 110 more than two hours per day, thus complying with the City's LOS standards. The S1Udyalso stated that the proposed project is not expected to create any significant impacts to Bonita Road and/or Lynwood Drive traffic. Traffic generated by the carwash is spread fairly evenly over the day. The intersection of Bonita Road and Lynwood Drive is controlled by the County of San Diego and the applicant will comply with county standards and requirements for the intersection. The Darnell & Associates study did determine that the Lynwood Drive entrance should be widened from 24' to 28' for ease of use. The requirement for a right-tum-only sign on Bonita Road will be a condition of project approval. Bonita Road is currently classified as a four-lane major roadway with bikelanes required for the area fronting Bonita Road to meet requirements for a four lane major with dual left turns (54' to centerline). Also, the applicant will be required to widen the street to half-width standards along the project's frontage with bicycle lanes on Bonita Road and provide curb, gutter, sidewalk, driveways, street lighting. drainage improvements and A.C. pavement improvements on Bonita Road and Lynwood Drive. The improvements on Bonita Road will meet City standards and improvements on Lynwood Drive will meet County of San Diego standards. This will also allow for the future buildout of Bonita Road as discussed in the City of Chula Vista General Plan Circulation Element. 14. Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: m MAYBE liQ a. Fire protection? 0 0 . b. Police proteCtion? 0 0 . c. Schools? 0 0 . d. Parks or other recreational facilities? 0 0 . e. Libraries? 0 0 . f. Maintenance of public facilities, including roads? 0 0 . g. Other governmental services? 0 0 . Comments: The proposed project will meet City Threshold staDdards and will DOt result in I need for new or altered govel'll1Mntal services. State law does require the applicant to pay ICbool developer fees prior to issuance of I building permit. Parle and Recreation fees do IIOt apply, since the project is IIOt residential. Jj 7~i ..... 7 WPC F,IHOMElPLANNINO\S1OREDII02O.9IRef. Ilnl.93.I1122.93) ..-v _ 15. Energy. Will the proposal result in: m MAYBE 1iQ a. Use of substantial amount of fuel or energy? o o . b. Substantial in::rease in demand upon existing sources or energy. or require the development of new sources of energy? o o . Comments: The proposed project will require electricity for five electrical motors and for air conditioning. The . demand will be less 1han significant. 16. Thresholds. Will the proposal adversely impact 1he City's Threshold Standards? m MAYBE :ill o 0 . Comments : As described below, the proposed project does not adversely impact any of 1he seven Threshold Standards. A. FirelEMS The Threshold Standards requires 1hat fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and wi1hin 5 minutes or less in 75 % of the cases. The City of Chula Vista has indicated 1hat this threshold standard will be met, since 1he nearest fire station is 2 miles away and would be associated with a 3 minute response time. The proposed project will comply with this Threshold Standard. The Fire Department will be able to provide an ldequate level of fire protection for the proposed facility without an increase in equipment or personnel. The Fire Department requires 1hat the applicant provide a 20' wide entrance and a 20' wide exit on Bonita Road to meet Fire Department standards. B. Police The Threshold Standards require 1hat police units must respond to 84 % of Priority 1 calls wi1hin 7 minutes or less and m2mhlin an average response time to 111 Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls wi1hin 7 minutes or less and m2m...in an average response time to 111 Priority 2 calls of 7 minutes or less. The proposed project will c:omply with this Threshold Standard. The proposed project will comply with 1he threshold 1lIIDdards. but 1he Police Department identified 1hat 1hey do have an ingress and egress problem. The requirement for a right-tum-ODly sign on Bonita should alleviate this concern. WPC F:\HOMElP1.AIlNING\STOIlEll11020.9XJlol. 1021.93.1022.93) /7- 7) - s-'f - ..... 8 C. Traffic The Threshold SlaDdards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at 1\&1"'1i7"" intersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or OF" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this SlaDdard. The proposed project will comply with this Threshold SlaDdard. Time surveys in 1992 indicated that Bonita Road in the vicinity of the proposed project performs at LOS "0" during no more than two hours during the peak period of the day, which complies with the City's LOS threshold slaDdard. A site specific analysis completed by a traffic consultant states that the ADT (average daily traffic) anticipated to be generated by the proposed project is 900. The current ADT between 1-5 and Plaza Bonita is 44,380 and after the project is 44,730. The project traffic is not expected to create any significant impacts to Bonita Road and/or Lynwood Avenue traffic. Traffic generated by the carwash is spread fairly evenly over the day. This reduces the potential for lignificant impacts occurring. The City of Chula Vista Traffic Engineering ~ivision reviewed the report by Darnell & Associates. While the Traffic Engineering Division's conclusions are the same as those of Darnell & Associates (no adverse traffic impacts result from the project), the consultant's repon shows a lower vehicle trip generation rate than was noted in the City's Initial Study repon. The consultant's trip rate value was based on employment and estimated daily car washes. The Traffic Engineering Division's trip rate value was based in a generic relationship between land use and land area. O. Parks/Recreation The Threshold SlaDdard for Parks and Recreation is 3 acres/I ,000 popu1ation. The proposed project will comply with this Threshold SlaDdard. The proposed project is not residential and is not subject to Parks and Recreation Threshold requirements. E. Drainage The Threshold SlaDdards require that storm water f10ws and volumes DOt exceed City Engineering Standards. Individual projects will provide uec:essary h.uy.ovements coosistent with the Drainage Master P1an(s) and City f.IIaineeriD& Standards. The proposed project will comply with this Threshold SlaDdard. The proposed project lite is lor--fIoit in a 100 year flood plain. The applicant is required to build one foot above the floodplain. It is DOt known what impacts downstream l'.hll"""'l improvements to the Sweetwater River O>ll"".,\ may have on the floodplain elevation at the lite. The existing on-lite facilities allows surface flow WI'C F,\HQME\PJ.l.NN.ING\SIOBED\laao,_. 1021.~. ,em.") /7 7{; . Pqe9 northwestward to Rice Canyon Creek, which is immediately west of the proposed project site. Analysis has indicated that offsite drainage facilities including the Sweetwater River Channel at the confluence of the Sweetwater River and the Rice Canyon Creek are inadequate to serve projected flows from this and other projects. Engineering staff state that the requirement for the applicant to build the project one foot above the floodplain will reduce any potential impacts to a level below significant. F. Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide uecessary improvements consistent with Sewer Master PIan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. The existing sewer lines for the site are IS" PVC Rice Canyon trunk line and they . are adequate to serve the proposed project. The applicant will be required to pay additional fees to the City of Chula Vista pursuant to the City's agreement with the Spring Valley Sanitation District for the use of the district's outfall sewer and to amend the existing sewer service and annexation agreement or to enter into a new agreement. G. Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constrUcted concurrently with planned growth and that water quality standards are not jeopardized during growth and constrUction. The proposed project will comply with this Threshold Standard. Applicants will be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. The proposed project will reclaim a majority of its water and will not jeopardized water quality in area surrounding the project site. 17. Human Health. Will the proposal result in: m MAYBE ~ a. Creation of any health bazard or potential health bazard (excluding ment2l health? o o . b. Exposure of people to 90tential health bazards? o o . /7- 77 PIle 10 WPC F:lIlllMEIPLANNING\STOItEI)\1020.9IItcl. 1021.93.10:12.93) - & I - Comments: The noise and air analyses in the initial study found that project impacts will be less than significant and therefore will not create any bea1th hazards. No other aspects of the project will impact bea1th. 18. Aesthetics. Will the proposal result in: m MAYBE HQ a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? o o . b. The destruction, or modification of a scenic route? o o . Comments: The proposed project site is located in a developed area and does not obstruct and scenic views or modify a scenic route. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? m MAYBE HQ o o . Comments: The project site is not residential and does not impact recreational opportunities. 20. Cultural Resources. m MAYBE HQ a. Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? 0 0 . b. W ill the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? 0 0 . c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? 0 0 . d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 0 0 . e. Is the area identified on the City' a GeDml Plan EIR IS an area of high potential for archeological resources? 0 0 . Comments: The proposed project aite is located in a developed area and has previously been cleared. There is DO evidence of any cultural resources on site. 177'1 WPC F:\HOMElPLANNINGISTOREDIICIlO.9XRd. 1021.93.1022.93) PqcJl 21. Paleontological Resources. Will the proposal result in the alteration of or the destruction of paleontological resources? ns MAYBE 1m o o . Comments: The proposed site is in a developed area and there is no evidence of any paleontological resources. 22. Mandatory FIndings of SlgnJficance. ns MAYBE 1m a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustAining levels, threaten to eliminate a plant or An;mal community. reduce the number or restrict the range of a rare or endangered plant lln;mA 1 or eliminate important examples or the major periods of California history or prehistory? o o . Comments: The project site is in an urbanized area and has previously been cleared and no sensitive vegetation exists. The proposed project, the construction of a commercial carwash with an office, mechanical room and carwash bay, does not have the potential to degrade or reduce any existing habitat. b. Does the project have the potential to achieve short-term goals to the disadvantage of long- term, environmental goals? (A shon-term impact on the environment is one which occurs in a relatively brief, deftnitive period of time, while long-term impacts will endure well into the future.) o o . Comments: This project will require a annexation, a general plan amendment, . prezone(rez.onc), a Conditional Use Permit, . Sewer Agreement, and. Grading Permit. Concerns regarding potential environmental impacts raised by staff, community ~s and citizens were the following: Traffic A traffic study provided by the applicant stated that the project traffiC is not expected to create any significant impacts to Bonita Road and/or Lynwood Drive. The appJicant will be ~ Noise levels are above current standards for the area at 66 db and the increase created by the proposed project. .2db. is negligible. As 2.Odb would be considered a significant impact, the estimated increase is below a level of significance. The proposed carwash will be constructed in a developed area. of which a majority is designated as retail-<:ollUDeTCial. The impacts of traffic and noise have been found to be less than significant. City facilities will be adequate to serve the proposed project and DO new facilities will be required. Therefore. the project does not have the potential to achieve shon- tenn environmental goals to the disadvantage of long-tern environmental goals. c. Does the project have impacts which are individually limited. but cumulatively considerable? (A project may impact two or more separate resources where the impact on each resource is relatively small. but where the effect of the total of those impacts on the environment is significant.) o o . Comments : All impacts both individual and cumulative have been found to be less than significant. City facilities will be adequate to serve the proposed project and no new facilities will be required. The project does not have individual impacts which may be cumulatively considerable. d. Does the project have environmental effects which will cause substantial adverse effects on human beings. either directly or indirectly? o o . Comments: The proposed project will not cause any signifICant impacts and it is in compliance with threshold standards for fire, police. schools. libraries and other public facilities as discussed in the threshold section of this document. As discussed. the proposed project will not significantly impact air quality. noise levels and traffic in the project area. The project will not cause adverse effects to .humans. either directly or indirectly. J7 '60 WPC f:\IIOME1PLANNINGIS'IOItEDIIClZO.9J;bf. 1021.93.1022.93) Paae t 3 Mitigation Measures (To be completed by the Applicant) I. as owner/owner in escrow. Print uame or I. consultant or agent. HEREBY AGREE to any mitigation measures required to avoid significant impacts. Signature Date Determination (To be completed by the Lead Agency. Check one box only.) *95 Choose N. MND or EIR On the basis of this initial evaluation: . I fmd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. o I fmd that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. o I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. . ~1{'-d ~~,.A in:. j ) Envlf I ReVJe Coor tor ,,1J.le;y , . Date "If acting for a corporation. include capacity and company uame. );- 'X I Pale 14 WPC F:\HOMElPLANNlNG\STOREDII02O.tnd. IOZI.93.Illl2.93) - ~ S"_ Case No. IS-94-14 APPENDIXD DE MINIMIS FEE DETERMINATION (Chapter 1706, StaQ.\tes of 1990 - AB 3158) . It is hereby found that this project involves no potential for any adverse effect, either individually or cumulatively on wildlife resources and that a "CertifICate of Fee Exemption. shall be prepared for this project. o It is hereby found that this project could potentially impact wildlife, individually or cumulatively and therefore fee in accordance with Section 711.4 (d) of the Fish and Game Code shall be paid to the County Clerk. 'J6'~::";'/ 1:.' /J 1(&...../ ) Environmen Review oordinator a./~/&i'l Date /7 ';{ L- WPC F,IHOMEIPLANNINGISTORED\1010.9:tRor. Ill2I.93.11XU.93) "'015 I I ROUTING FORM DMZ: September 1. 1993 !I'O: .,<<en .r.ancn, .uHding , Jioudng ~ohn Lippitt, Engin.ering (E1R only) ClittS~anson, Engin.ering (E1R only) Hal Rosenberg, Engin.ering (E1R only) IIOg.r Daoust, Engin..riug (IS/3, E1R/2) ~ichard Rudoll, Assistallt city Attorn.y (EIR only) €rOI GOV., Fir. DepertJUtnt rty schmidt, Parks , ~cr.ation im. pr.v.ntion, Poliet Departm.nt rr.nt Planning ..,~..d..,,, Il..,~.rd, Advance Elanning j::c;..J I.F~ Job S.nnett, city Landscape Architect Bob Lei ter, Planning DiJoector Chula Vista El.mentary School Di.trict, Xat. Shurson SWeet...ater Union H.S. District, rom SHva (IS' E1R) Maureen Roeber, Library (Final E1R) Other FROM: Doue Reid ____Environm.ntal s.ction SUBJECT: Application tor Initial stud}' (15- 94_04IFA-~/DQ-035 ) Checkprint Draft E1R (20 dayt) (EIR-____/FS-----/DQ ) Revi.... of a Draft EIR (E1R-____/FS-----/DP) Revie'" of Environmental Revi~... Record FC-____ERR-----J rh. Project consists of: Full service cir wash with detail area, office and lounge. The project will include prezoning and annexatiol z.oc.t.ton: 3048 Bonita Road (The southwest corner of Bonita Rd and Lynwood Dri,e. Pl.... r.vi.... the document .nd torward to m. .ny co.-.nts you b.v. by 9/10/93 . ColDlUnts: /7-i)3 -(,'7- . ~~~ ROUTING FORM F,':"r.~l' ,.- ,-, ..:....\..._t I '-- DK1'E: .~~ c ~ -!. I ~ - . E.~~:~: .:~..; ." .. Xen Larson, BuillUn~ ~ Bousin~ JOM Lippitt, lrn~ine.dn~ (JrIR only) clitt Stianson, .ngineering (JrIR only) Bal Rosenberg, ~gineering (EIR only) R~er Daoust, Jrn~ineerjn~ (IS/3, lrIR/2) Richard Rudolt, Asdstant city Attorney (JrIR only) Carol Gove, Fire Departlllent IIarty scblllJ.dt, Parks ~ Recreation cdllle Prevention, Police DeparUent (II.J. Diosdado) current Planning Gordon Boward, Advance Planning Bob sennett, city Landscape Architect Bob Leiter, Planning Director Chula Vista Jrlementary School District, Xate Shurson Stieetwater Union B.S. District, !'Olll Silva (IS ~ EIR) Maureen Roeber, Library (Final EIR) Other FR~ ~B~:: 6~~~ Jrnvironmental Section ~ Application tor Initial study (IS-~/FA-~DO~ I Checkpdnt Dratt EIR (20 days) (EIR- IFB- IDQ J Review ot a Dratt EIR (JrIR- -1FB- IDp I Review ot Jrnvironmental Review Record FC- JrRR- J !'he Project consists ot: Location: Pleas, :jv~w the docament and tortlard to _ any ~ts you bave b~ I~ tIf . . . COllllll8nt. : ~i,,~t(... ) .r'~ ff ",' . q. \ \. - (p ~ ... 17'---'{ (I ~~'\ ROUTING FOR.M DATE: September 1 t 1993 i'O: K.n Larson, Building , Bousing John Lippitt, Engine.ring (EIR only) Clill~~anson, Engine.ring (EIR only) ~ Bal Rosenberg, Engineering (EIR only) r Roger Daoust, Engineering (ISI3, EIRI2) ~ Richard Rudoll, Assistart city Attorney (EIR onl~; -' C.rol Gove, Fir. Department t,; ., Harty Schmidt, P.rks , aecreation :~ ~ Crime Prevention, police Department . _:.:.: CUrrent Planning r; r~ Gordon Boward, Advance Planning _.- Bob Sennett, City Landscape Architect . Bob Lei tar, Planning DiJ'ector '. Chula Vista Elementary School Distri~t......JC4t. Shur.on (~sweetwater unlon H .3~'Dlstrrct "OID Silva (IS' EIR) . aureen , (Flna Other '..) w I'ROH: Doua Reid Bnvironm.nt.l s.ction SrJB.1EC'l': Application lor Initial Study (IS- 94-04IFA-~/DO-035 ) I Checkprint Draft EIR (20 days) (EIR-_____IFB------IDO ) Revi.w 01 a Draft EIR (EIR-_IFB------IDP) Review of Environmental Review Record I'C- ERR-_____) ,.h. Project consists of: Full service car wash with detail area, office and lounge. The project will include prezoning and annexatio. z.oc.Uon: 3048 Bonita Roa~ (The southwest corner of Bonita Rd and Lynwood Drive. Pl.... revi.w the document .nd ~orward to .. any colllll.nt. you have b~ 9/10/93 . C'OlIIII8nt.: ~......'" ~ Ar'" L"'A...,..,....~~ ~,,. -~.... ~,m ~ '7D Iff '1 ..r~'" 6M,:NJ- .".....".. . -=- /. -A- (t. fI'_~ -IP? - 17- ?SLt '" - ! .. .".... . ......,. MEMORANDUM " DE.e 2 9 1993 J " '. . w . "..,. ......;'1.:1 J)el-nher 16, 1993 File , ZA.050 SUBJECT: !: Duane "''''''''1, pl.""'"2 Department -I Clifford L. SwaDSOn. Deputy Public Works D' City Ell&iJIeer w;uw, \JIlrld>, ..... CM1 ~11 Harold Rosenber&. Traffic EII&' Request for Zone ('hg"ge to CoDStrUct a Car Wash at 3048 Bonita Road (PLZ-948) TO: VIA: FROM: 'Ibe Public Works Department bas reviewed the subject p1oposal. We do DOt ptopo5C the inclusion of any conditions of approval for the ZoIlC Chgl1le. However, we request that you provide the applicant with the followin& list of items which will be rcqulred In conjuDction with the BuUdiDa Permit uncr the authority of the Quia Vista Municipal Code: 1. Public improvementS may include, but DOt limited to, the followiD&: a. Sidewalk 8 feet In width b. Half of collCfCtc raised JDtdi." (may be deferred) c. Three driveway approaches. d. Street li&bt 2. A ccms1ruction pe:rmlt will be rcqulred for lIlY work .-~med In the -- riaht.-way. JP:Ib C1C: Ken Lee. p1.,,,,i~1 DcrpartIDeDt .~cm ..__~.JP) I "7- 'r) S - '/0- MEMORANDUM November 2, 1993 File No. YS-577 / FROM: Douglas Reid, Environmental Review Coordinator Roger L. Daoust, Senior Civil Engineer f,AJ1 TO: SUBJECT: 1S-94-04 Bonita Car Wash - Sewer Service Agreement Revision This memorandum is a follow-up to our Initial Study Review dated September 10, 1993 for the subject project in which we indicated in Section vn that the Sewer Service and Annexation Agreement dated June 19, 1990 (approved and adopted by City Council Resolution No. 15684) may need to be updated. Upon further review of the agreement, we have determined that an update will, indeed, be necessary for the following reasons: 1. When the agreement was entered into in 1990, the applicant proposed to construct an office building on three consolidated parcels. The applicant now proposes to construct a car wash. Also, it us our understanding that the applicant is in the process of acquiring Idditional property in order to satisfy specific Planning Department design requirements with respect to site layout and building orientation. These represent substantial changes from the applicant's original proposai in 1990, upon which the agreement was based. 2. Because the net area (gross area minus dedication) of the current proposal will be greater than the 1990 proposal, the Transportation Development Impact Fee and P!1blic Facilities Development Impact Fee, which are both based upon net area, will have to be recalculated. In addition, these fees have increased &iDce 1990. 3. The Traffic Signal Fee, which is based upon ~ trip gea.eration, will have to be recalculated because the expected trip generation for the ameDdy paopoaed use is higher than the expected trip generation for the 1990 propelled use. KPAlkpa cc: Barbara Reid, Associate planner ..~~ys.m.ooll - 1/- 17..<:j b \ RECE\VED MOV 1 0 1993 PLANNiNG ys - es-17 fc.~ ~ ~~l:o--> ( .. ROUTING FORM DxrE: N~,",,- 10 ) l~? ~}IO: Xen Larson, Building ~ Bousing John Lippitt, ~gineering (EIR only) Cliff SWanson, Engineering (EIR only) 1" Bal Rosenberg, Engineering (EIR only) ~ Roger Daoust, Engineering (ISI3, EIRI2) R1cbard Rudolf, ..udstant city Attorney (EIR only) Carol Gove, Fire Department Ifarty Schmidt, Parks ~ Recreation crime Prevention, Police Department (If.J. DiosdadC?~ current Planning Gordon Boward, Advance Planning :.t Bob Sennett, City Landscape Arcbitect <.J ':. Bob Leiter, Planning Director ,. " Cbula vista Elementary Scbool District, Xate Sbur~ ' . sweetwater union B.S. District, Tom silva (IS' EIR) Haureen Roeber, Library (Final EIR) other , , -w: ~: . /3P.. be- ~ R.-uI J Environmental section SUBJECT: Application for Initial study (IS-~FA~~SjDQ ibM) Checkprint Draft EIR (20 days) (EIR--!FB- IDQ ) Review of a Draft EIR (EIR-_/FB-_IDP) Review of Environmental Review Record FC- ERR--1 flhe Project consists of: FVlA- Se'II,C.E CAL WitrSH WrT'H ~"..~.I\~.,O~la, AU'" U/IJ1o.IU- . -nte. ~~("'- ""~ ~~iJG. #-#l~ ~....~,e;,J.. Location: 30"18 ~'$ f"'?~ (~W(.~.. 8.t,,.. f?GID ~l..YNMb J:l~: .. 1<~VI~D ~(~ "'PLAJ. :;e~:tD~view ~e dOCUJll8nt and forward to .. any co~nt. you bave ( COJIIIIIents: tr~lrJU~ t'I~Of.l ~'ftl.~"1lf/It'f'"A~ ~. ,_l""rrFCt2-TU~ f?E~ ~ ~ Wrn4 ~~"r ~ "Tlf~ ~MR.I'''''(;. 'DI1I1.$It>fJ ~R:>tJ~~ ~ "Tlfll" ~rc.r~ ~~ PtNJ AIlE '~ir;RIf:I;:> BY' A . c.rr;n&. A~~ Tl-fl! QlJ~nQ#J/ rrliEM "'VM~.. 17-'17 r"1__.... YS-S77 Case No.~Jf'f'O'U~Ii''''IS60 INTERDEPARTMENTAL COMMENT SHEETS ENGINEERING DIVISION 1 Drain a I!e A. Is the project site within a flood plain'! ~. u: so, Stale which FEMA Floodway Frequency Boundary.lClr:> \IlO'.&.Jl!'. IT' I'" ~ I!.. .~. lV~r ~ ~~ B. ~t ne l~o~':~~ ~tr'~rtn~ micilities? ~l"--"" p '"'w HI'J.TII L"~"" -h -r!) tl!./r.I ,.......y~ ,~,,~ WNI~ ,,, 'w"~ u..'I"'C'LV 1&Il5&!- JI'J_ TIt&. . 1'IPb-"~z:J ~~.T' ~~. C. Are they adequate to serve the project? ~. If not. please explain briefly. ~I'I"IL- ~~"I/:. ............. ~- ItAP/&b'-".w!f& 1AI11......, I2'1:"hJIb!E.T') . D. What is the location and description of existing off.site drainage facilities? 12."~ ..A.......... Gf'eJ!t..&L JJUIGU "rLJu.a t!li -- <1ft) ~I!: ~A~L ttl\1M. C"",..,uW'I..- . Ot: TlfE E. Are they adequate to serve the project? 1Jt.l. If not. please explain briefly. i:"""'~ ,Ll.&......"tJMrC. t'~PALf'rV .'" ,~y'J ~""'V_d ~.e." I ';I!c...,..,~'" I. 1:>&.11#: 'PI2lA....efL\I ~ ~IAINCftlJ!!.~ ~~AI',.,." ~TGA.,..,..,-.c,.at ~ 1B1"'''.~ ^ sw,~nJA~ft t!J\I~1Z. ~IJ.O ~.,..~ t::.cJtH~,... 6.........~ ~'i.~~LI&"...... .tr- AHb 1Z-leE ~CZVC:ON C.~6E"1C.. "1'llUE 4:\A/'.e.l"r'Y po__. I!'".." NlI4 ~I'" ""~ K>w1t6 "'''''D jransoo~on I 1~~"""/""'ACT&D'Il(TM1!. ~flt'fl"J:) .....,..&.T'. D. ~fA B. What roads provide primary access to the project? .....1 rill ~ A 1:> c. What is the estimated number of one.way auto trips to be aenerated by the project (per day)? gol':) 4",,- ~~t"MI"'W6LV~" iJ# 1lti1l,e.M ~- 'AU~~'" J/'Cc:'~"~ ~.... . -r2I.:~-'!!!!:.AC: "1""1111. ~~'~rJ P'D^-""'~ Ie, ~....,....... "ft') - -~ ....., .~rr.cr~ol . What are the Average Daily TraffIC (AD.T.) volumes on the primary access roads before and3eoAl'r. after project completion? Street Name Before Akr .. '.... IP~~ .JPf- ~ . ..,...,..,~. . Do any of these volumes ellcee'd the City's Leve1-of.Service (L.O.S.) "C" desiJn ADT volume? If yes. please specify. v..;. IM-' ",~~ ""'\AI!!1- 'nMIl. &...lt~ 11.1 '''''2- . l"rxr.A~"" -nM,.,- -- I...... o~.&.I -nl1l ."I'.-6'rrY J!#~E." .p-s.r> ~~ -.:.~ ...,. ~ 'r:l' "DU.....~ &.l^ .. .~.. - ,....., -rI4ID ~.c.. tv J~ ~ ~" l'~~ of''' J:iIoY, Wf4~t4 tor.v'&.c.~ WI'" "MfII. C ,.,.y ~ ~ TlIP.Uf/of" ~~. ~1n2." ".IIDln) ...,.102D.") PIle 2 - ?-3'_ 17 - "if\{ .D. E. F. Y$-577 Cue No.T.<;~~~ ~V1~ If the A.D.T. or L.O.S. ~C" design volume is unknown or nOllpplicable, explain briefly. 1J4. . Ale die primary access roads adequate 10 serve the project? tJn . If not, please explain briefly.~rm.. ......." b -- a.l...r ""51!"T" opu"jl,(N(IoV-~ 1"4'1"IUt&:) ~~~ WtT1f ~II~"- ~ ar.,A-Okl.AY A.. ~ -1""""_ ~W~12... 4r-rv~~ MOt . ~~ wpl!!Ilrr...",.~.....,,~ ~.".... .-N!:, A86 c:.o,#~.."""'" U~. Would the project create Wlacc:eptable Levels of Service (LOS) It intersections adjacent to . th ... fth . . A ~~.IUfa~eF ~"",lZl:>/~ or In e VlCUUt)' 0 e projeCt lile-r~."'" rra. LVAJU-"- 'D/!.. I S O!:."'~..I~~ ayTlt-S If . if .~ ~TYOF ~ ~1f.O.A"'~IoCl,$r,Tlllr~V" v so, ident y: Loca110n~ 1)"'"..~LY WI"'" ,.IV;;;;; = ~~ \iJe'~aaE_ Cumulative L.O.S. .. ~ /Uo./TS' 1#/L -me ''''''''W'''l~. . r Is the proposed project a "large project" WIder the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips). If yes, a Traffic Impact Analysis (TlA) will be required. In this case the TlA will have to demonstrate that the project will not create an Wlmitigatable adverse impact. or that all related traffic impacts arc not mitigated to a level of non-significance. Yes )( No The following questions apply if a Traffic Impact Analysis is nOl required. @) 0\(/ o.~~f.. L ;.~. ~~ CD ~~I\' ~ ~ ,{(C ~ ~"t<.., ~ 1,,- "tD~,~ ~. ,~~<<,)(,r,:Pt H. Is traffic mitigation required to reduce traffic impacts dill will result from implementation of the proposed project?)( Yes No If yes. please describe. WI ~Iti,&, 0,: . bIoI InL .. ~ A. ....,L 'nIlE -...~...,.... r::llA6..r~. AID ,~..,.. ~"a"l~ ~ 1anIJ,-nt. ~h ~-(",~ ~~:r StTl! AAJt::l' NI:J L#.1fI'r'-n1n~~ ~ 'ElkA..~'- ~/"rE ~ ~'D.. ~~. Is the project consistent with the criteria established in die City's TransponIdan Phasing Plan, . . General Plan Traffic Element, IIld all ocher patinent 1r8ffic st"die.? PItaIe ...ence any ocher traffic impact llUdic. for roadway ICJlIICIIlIdIIl may be jlllr lCIed by die proposed project. ....1,.... ..,.,..." ..."'"....I~ c..'I'I[. '~/!a' ~...-r.J.I - .~.~....... L!_.......v AZ; c:.a....l b~ -- "~"'L.J.~'''' U~. 6I*ftI u...~ ..C'D..........~ . -rwA",,~ --.~.&..l1CJ1to1 ~.,... 7Iaa -ec~ ..-.....,.fr c.,~....~ ~ ~......&,...-." ..-..~ .H/:Mr Is a traffIC llUdy required? Yes ')( No J 7 ~ i r Is dlere any dedication required? lI". "'Lal~ A-t- #-'" -"I --,~ ......0....., UfaolMoc:t.. If 10, please specify. .......''fJIl '~....,..,.... o--.....t:',1!r) ~. Gw.-' ......,~ ..........,.., .~........1 w"" .r"..........., iAI-n..E. b1"Y~ Aa-..._.... ...L.a'. SUA:IG.'~DIED'r~'Me.d ,e. _.-:'~tt.~,-z:. ~UT"" .......,...W/P'IH ~""1Ji/F 'i4IP ~.....'"~. CoM"'-'i W/T1f c-."T"'/ O~ SNJ .",t:...,... "fJ'_f#b''''~.l.-:' JJ.1J.'t/. IIi:JrJlZ. &,.Vt.I:",....,..,., hiQ."... . K. . L. Ys,-'!in Case No.IS~-oo( ~Vl~ Is Ihere IIIlY street widening required? Y~J ~1J.r:. -rU.E "bo>_T,;:nrl& cn-.-r,<= If so, please specify. w,~.&, SOlllrft.. <CI'A..&,f) "T1) AAe~ ,k.LP'" J1ftDr"'H 6-s..~~r --:uR.-(:~ AAA.~ ..~',tJ3~~t:~"'(,.r:''7'14 bvJ&J.rv bt: ~ ~ere lIIly~street ~nts req ~ .Y~~~_ If so, please specify Ihe aeneral narure of Ihe nec:cssary improvements. ,. ..utll.4 t; l.J"n"IDI2 ~!.DE Lt&~ v btt11~f.. a. ~ ~ ...._JI.. , . . . ME'.M-rwr. A.C .PAVE"M~ f!'Tt. . , &il!!"""'w~ >>.....-6.,...,....- IMPIl4>VE- . @ Willlhe project IIIld mated public improvements provkle satisfactory uatrlC lervice for existing conditions IIIld future buildout General Plan conditions? (please provide I brief explanation). ElCr;r"rl~ lnrJC>'T'I".jr;;.~ y~. / ,:u....-.. J R..J" PY>.ur-4P.'./l,If.t.- , "'A.A.' 1"~~c.~lJc. .MlIYS ~ IA/tU -~ lAI-~~ 'IIJ1tI RIf"l""tIil!:lC' ~r..oPM~r 'n)1'Nf! ~.""'~E ,ItA...,..... JAhu- BE u,,..,.....,...o rAl m. ~oi1s CPN3'-l1JcneloJ W/TH.,.,.,.se: Df!.I/f!.~T'&. Are Ihere IIIlY IIIlticipated advers~ geotechnical conditions on the project site? IJD . If yes. specify these conditions. &.J fA . . Is a Soils Report necessary? loll}. uewr::JA&D j ~4r::1/16lJt;, ~ol&4 2':_'" ".,,4 TUE ,~ ~rrr! /'I(LIftr" ~~t:!:!J: MVS"r fur........ 1PE .J-and Form ,.,~y ~lJ(Ur::> F1lD~, PIt,.A. 't'. us...,...ad. ..F ~"""rJ6 '~''f"'. What is the average c:1i tlE:/'slope of the site? 5 %. What is the maximum~ slope of the site? ~% A. B. @ IV. V. A. B. Noise Are there IIIlY traffic-related noise levels impacting the site Ihat are significllllt CllOUgb to justify Ihat I noise lIIlalysis be required of the app1icllllt? .:iJE.G , VI.' "'asle Generation How much solid and liquid (sewer) waste will be pncratcd by the J"o9OJCd project per day? Solid 1f1>o WxJt.lf:1l',/OAY . , Liquid .l"7v;' .......-.11' /~Y (I..';; _J~aI . What is the location IIId size of Cllistinl sewer lines OIl or cIowDSUum fram die .? .L.B.:.J'V60 12Jt.E. J-.MJt/t!:NJ. -nIW"- LllJl&.a Are they adequate to serve Ihe proposed project? (If no, please explain) YEE.. /7 - go _ '1S"_ "4 ~=-,,-..,.IIl"'JllW.IUJ.!3l Ys-s-n Case No.:U-'N-c;0.4 UVlfEC YD. tlJtional Pollutant Dischane Elimination SYStem CNPDES) Stonnwater Reauirements Willlhe applicant be required to file a Notice of Intent with !he State Water Resources Control Board for coverage under an NPDES Stonnwater Permit? 1.J.o. . If yes. specify which NPDES permit(s) IIld explain why III NPDES permit is required. Nb. . Will a Storm Water Pollution Prevention Plan (SWPPP) be ~uired for the proposed project? Yes )( No Additional comments AI (I.. . . ~ Remarks Please identify and discuss any remaining patentiallllverse impacts. mitiaation measures. or other issues. 6>~E.a. S.r:.LJI.Ia~ ALl" A-J.J#JIE)(,A.T'1t.>>..J A~_"e~_..""" ftA.~:J"'l.>>JE. ,ct. '4190 (rzE/.AO''''''""j Nt>. 1c:;e..~'9 ~\L~ ~TbaE UPD6..T"ET(es. ~u.e:'h ""fkp ~ ~ ~,t;,.,.--rr, bD~ ReiD ~ 1Jr\"~A8L 2" 14tCll'V. ~AJJ ~,--~ ~MIE"""'-i'D T'ME ~~ ~ ,..J~ ~~ ~ &.I2D2. I-VIJWso!:J ,~'\If!-.(~U"'rW~AN.-o "P6,4.,IJ ~.J"""'I! ~~ C,~)M'JSr ~ "I:lD^IIi~Ift:). . ~;:~~:"' ~:;~~~:~~~~:::~.:-:::~=~ ...r: """""..A~ IM---~'':i, ~r'--.'.... ......---,&.. hi: -n.E. &JaNLfIt/ ~~ ,.~ "'A'~4~"" ~..J_ e'~ Al-uh-J.. At...~J Tl.fl!!.. "'-=Vl~ ~"nIr~ ~II~~, (. ~ . ~.ft lP-r1i ~fJlf.JAJLV .Ar~u...d-Jt ?A_-'~~ti I~ MAth!! ---~.( Id'b/~~. ~ ~--r Cily En . eer or Representative /7.~1 II JltJ!CYS . Date MEMORANDUM November 2, 1993 File No. YS-577 TO: FROM: SUBJECT: Douglas Reid, Enviromnental Review Coordinator Roger L. Daoust, Senior Civil Engineer (/J1 IS-94-04 Bonita Car Wash - Sewer Service Agreement Revision This memorandum is a follow-up to our Initial Study Review dated September 10, 1993 for the subject project in which we indicated in Section vn that the Sewer Service and Annexation Agreement dated June 19, 1990 (approved and adopted by City Council Resolution No. 15684) may need to be updated. Upon further review of the agreement, we have determined that an update will, indeed, be necessary for the following reasons: 1. When the agreement was entered into in 1990, the applicant proposed to construct an office building on three consolidated parcels. The applicant now proposes to construct a car wash. Also, it us our understanding that the applicant is in the process of acquiring additional property in order to satisfy specific Planning Department design requirements with respect to site layout and building orientation. These represent substantial changes from the applicant's original proposaf in 1990, ~n which the agreement was based. 2. Because the net area (gross area minus dedication) of the current proposal will be greater than the 1990 proposal, the Transportation Development Impact Fee and P!1blic Facilities Development Impact Fee, which are both based upon net area, will have to be recalculated. In addition, these fees have increased since 1990. 3. The Traffic Signal Fee, which is based upon upected trip seneration, will have to be recalculated because the upected 1rip seneration for the currently p10p0sed use is bigher than the upected 1rip generation for the 1990 J'lU~ use. ICP Alkpa cc: Barbara Reid, Associate planner .__IAI'VI'1AN\ys-m.oo11 !)- e>; '- - 7'1- . 9-....-6 ~ . jew S"tL P1.PJ.- atuw~ ROUTING FORM D14'E: 1~'J ~~ Ilk jJbr-1 : X.n Larson, Building 6 Housing John Lippitt, .ngineedng {.IR only} CH~~ SWanson, .ngineedng {.IR only} Hal Rosenberg, .ngin.ering {EIR only} Roger Daoust, b1gineering {IS/3, .IR/2} IUcbard Rudol~, ~dstant Cjty Attorn.y {.IR only} Carol Gove, Fir. DepartJDent Ifarty Scbm.idt, Parks 6 R.creation Crime pr.vention, Polic. DepartJD.nt {1f.J. Diosdado} CUrrent Planning Gordon Boward, Advanc. Planning Bob Sennett, city Landscape Arcbit.ct Bob Leiter, Planning Director Chula Vista Elementary School District, Xate Shurson sweetwater union B.S. District, !rom Silva (IS 6 EIR) Maureen Roeber, Library (Final EIR) other ~ r If: J2,~ba "n . ~d.l Environmental Section SUB:1ECT : Application ~or Initial Study {IS~/FA-'3~DO O~.!j Cbeckpdnt Draft EIR (20 days) (EIR-_/FB- IDO. ) Revi.w ot a Draft EIR (EIR- /FB- IDP I Review o~ Environmental Revi.w Record FC- ERR- ) !rbe Project consists ot: z.oc:aUon: Pl....{~;rlg th. dOC'lUlent and forward to - any COIIII8nu you bav. by 1/ . . . Comments: I; - ~ 3 - 'lg- . . Cue No. FIRE DEPARTMENT A. What is the distance to the ne~t fire stati7 ~ w~at is the File Depattment's estimated leaCliontime7 d..~ I"fdfS 4~,^' ,2fS~ST V B. Will the Fue Depanment be able to provide an adequate level of fire protection for the propos~ facility without an increase in equipment or pelSOMe17 )/.c-..s c. Remarks .) /~mw./j~ fire Marshal 11/4/qj Date /7 - ill -71- ",6 1nC~mn~.llal.t3)(Iol.ID2D.n) ROUTING FORM Df:C" - ~ .-. 19 ". 93 ,. DM'E: rt:eCeY11 ~ /7/ Ie; 1 -:c; D~ , ? 1993 --= ~: Xen Larson, Building' Houdng John Lippitt, Bngine.ring (EIR only) Clitt SWanson, Engine.ring (EIR only) Hal Ro.enberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolt, Asst city Attorney (Dratt Neg Dec , EIR) Carol Gove, Fire Depart.ent . Harty Schmidt, Parks , Recreation Crime Prevention, Police Department (H.J. D10sdado) CUrrent Planning Duane Bazzel, Advance Planning Bob Sennett, city Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Xate Shurson sweetwater union H.S. District, Tom silva (IS , EIR) Maureen Roeber, Library (Final EIR) r .al" R - If annexation is 1nvolved) --- Other .- SUBJECT: .s1A~ Y1 t4t t1dffW/ ~I"'b~ Environmental Sect10n ,ee,q' - Application tor Init1al Study (ls-'t'f-tY1II'A-f/2.!>IDO 035, Checkpr1nt Dratt EIR (20 days) (EIR- IFB- IDO , Revie'" ot a Draft EIR (EIR- II'B-_IDP , Revie'" of Environmental Rev1e", Record (I'C- ERR--1 Revie'" ot Draft Neg Dec (IS- II'A- IDQ- ) I k;(. /(/ . '-- ~ - ..: . .. !'he Project cond.ts ot: t? ~tI SeVI/I~~~ 7he 4e 1!Jh:t. 4If- ~. sr""'$fU Ye. ~ ..2D ~ ..A ...LJ.___ "'!'he ~ r IAA:fsh T c. i.!J> #:If :1L / ;''' r.;i' C7 -.-.-.r "t:. is. tit ~e..:r:z- &Met I.vl-S' cr cA "'ll'L'Jr' ~I'~. z.ocation: ~+f/' ~"rft;, /2 . ~. U' ~t ~L cAf~ PfePI,Se. l'er.He ~J-1n.v rr .. ~ ~~ 'tU"''theY ~fo is r'~U(Y: . :;e~~f}.".!irl,J~e document and forward to .e any colllllents you have /7- ~S" ,i&;....... ,p;/ A - ~ S 7(J 15 f couents: ~~,r % 2Ci fr. ROUTING FORM D~E: September 1, 1993 fa: Ken Larson, Building , Pausing John Lippitt, Engin.ering (EIR only) Cliff S~anson, Engineering (EIR only) Hal Rosenberg, Engineer~ng (EIR only) Roger Daoust, Engin.ering (IS/3, EIR/2) Richard Rudolt, Assista~t City Attorn.y (EIR only) Carol Gove, Fir. Depart~ent ~rty Schmidt, P.rks , ~cr..tion crime Prevention, Policu Department Current Planning Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Jtate Shurson Sweetwater Union H.S. Di~trict, ~om Silva (IS' EIR) Maureen Roeber, Library (Final EIR) Other FROM: Doue Reid .._Environmental Section SrJB.1E~: Application for Initial Stud)' (IS- 94_04/FA-~/DQ-035 ) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DQ ) Review of a Draft EIR : (EIR-_/FB-_/DP ) Review ot Environmental Revi~w Record FC-_ERR-_) 1h. Project consists of: Full service Ca' wash with detail area, office and lounge. The pr~ject will include prezoning and annexat1~ Loc.tion: 3048 Bonita ROad (The southwest corner of Bonita Rd and Lynwood Dr;~e. Pl.... r.vi.w the document .nd torward to me .ny .comments you beve by 9/10/93 . co...nts: ~ ~ ~. ~~ ,bQ)~ 17-. 4 ~ - &'1- . ROUTING FOR,..; DJCrE: September 1, 1993 fa: Xen Larson, Building , Rousing John Lippitt, EngineeriT; (EIR only) Cliff ,~~anson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (ISI3, EIRI2) Richard Rudolf, Assistant City Attorney (EIR only) Carol Gove, Fire Depart~ent ' Harty Schmidt, Parks , Recreation t:rime pr.v.ntion, Polic. Depart..nt ~rrent Planning . Gordon Howard, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Xate Shurson Sweetwater Union H.S. Di!trict, Tom Silva (IS' EIR) Haureen Roeber, Library (Final EIR) Other FROM: Doua Reid Environmental Section SUBJECT: Application for Initial Stud}' (IS- 94-04/FA-~/DQ-035 ) Checkprint Draft EIR (20 day~I(EIR-____IFB-____IDQ ) Review of a Draft EIR (EIR-____IFS-_IDP) Review of Environmental Review Record FC-____ERR-____) The Project consists of: Full service c~r wash with detail area, office and lounge. The prJject will include prezoning and annexat101 .Location: 3048 Bonita RoeJ (The southwest corner of Bonita Rd and Lynwood Drive. PJ.... r.vi.w the document .nd forward to .. .ny comment. you b.ve by. 9/10/93 . comments: i 7- C-)7 _ l?.;:L- . Cue No. L~-99'-~y PARKS AND RECREATION DEPARTMENT A. Is project subject to Parks and Recreation 'I1ueshold ~uirements'l If not, please explain. ,.or ~~ t->o. B. How many ICI'eS of park1ancl are oeceSSI'Y to IeJ'Ve die proposed project? C. Are existing Deighborl100d and community parts IleI1' die project edeqUIle to ~e the populBtion increase resuhing from this project'l Neighborl100d Community Parks D. If not, are parkll\lld dedications or other mitigation proposed IS pll't of the project adequate to serve the population increase? Neighborhood Community Parks E. To meet City ~uirements, will applicant be ~uired to: Provide land? Pay a fee? F. Remarks: ~.~ q. z. .~">. Parks Ind Recreation Director or Repraentative DIIe /7 - (?f - 1'.3. - ...,.7 ~D2UJ~.U1ZI,"I(W.IIDD.931 ROUTING FORM D'-TE: 5e.p+e:rnber Sf "C; 13 ro: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Clitt SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (ISI3, EIRI2) Ricbard Rudolt, Assistant City Attorney (EIR only) Carol Gove, Fire Department Harty Schmidt, Parks , Recreation Crime Prevention, police Department (H.J. Diosdado) CUrrent Planning 8"..(1"" 11_. _H, Advance Planning Bob Sennett, city Landscape Arcbitect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson SWeetwater Union B.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) other Eel t3a.-tc..h elder FROM: Do ':5 (2.e ; d Environmental section SUBJECT: Application tor Initial Study (IS-CW Oi/FA~35/1>O .035) Cbeckprint Dratt EIR (20 days) (EIR- _/FS- _11>0 ) Review ot a Dratt EIR (EIR- _IFB- _IDP J Review ot Environmental Review Record FC- ERR-~ Tbe Project coz:sists ot: F~f (I ~v v ;c-.e Cet r:. iVa.sh U?rti) defq ~ I arLT-/ I ofllce ahd LPUfJ.{j.e, 'The- pr't)j~d e,....){U ll)ciA..(de pre 'CDn 1/1,.:} a..nd a./J11e:!x ~n - . Locatio~: 3D-rg b.n ,"fA 1201 ~m:-lib (2a:JI;J ({~ 5'-i..L-tf,~ C.c?rI'YCr if . ~ 6{niJ/PCc1 bnu~- Pleas," re~w tbe document and forward to as any COJIIIIIents you bave by Cf 10 ~ . . I . COJIIIIIents: /7-1; 'i <.+_ - 'I ~ ~~ 1 I ! \ 0" ., _.iULA VISTA POUCE DEP~ dENT CRIME PREVENTION UNIT .- PLAN REVIEW RECOMMENDATIONS DAlE: 0/Z-Z../43 TO: ~ ~ ~j fiA,n",",,'j! VIA: tie:t:t#.3, LJAf~' JAJi/.JU-d/ . FROM: m r PH..n;'" Jr, €> US PROreCT:.:z:-.s - '1 t.fo 'f .J::k (Q 3~ &.</JJI..S~ - ~i ~vJteJ _ The Crime Prevention Unit does not have any comments relardiDl this project at this time. _ Infonnation on the project., or within the p1ins. does Dot provide ROup detail to permit aime prevention analysis. V Please forward the followS infonnation to the Crime PreVCIIUOD Unit wileD available, Elevations V" Floor Plans l..o-"" Landscape and LiShtinS Plans V"'" - Site Development Plans CommeDts: ."/1/'1'1 fJ) J. b~ tD~ #uc:t. ~ Tf\~fii$r- ~ ~~ ~ ~a:i::L cc: B~ver. SCA ~ UY7CQ.1!./) u" . ~ ~ 17-/O-V ~ ~ J,-' .. . __ _ . _ J;.~" .n...J.,D _ ,.../1) . f3r>1../_~ C~ PeY' D 11{1Y]& B. Pro;ect Descriotion (para. 2) The project consists of a change to the current City of Chula Vista General Plan land use designation from Residential Low (0-3 dwelling units per acre) to Commercial Visitor. The site is proposed to be prezoned C-V (Commercial Visitor). Discretionary actions necessary to implement the proposed project include: a General Plan Amendment, Prezoning, Design Review approval and Annexation. c. Comnatibilitv with Zonina and Plans The project involves a proposed change of the current City of Chula Vista General Plan land use designation from Residential Low (0-3 dwelling units per acre) to Commercial Visitor. The site is also proposed to be pre zoned C-V (Commercial Visitor) , which would allow land uses such as the proposed car wash. The County's Sweetwater Community Plan designates the site as Office, Professional and Commercial, and the current County zoning consists of C-30 Commercial. The existing Chula Vista General Plan land use designation of Residential Low has been applied to the project site since 1970, at a time when the entire freeway interchange and location of Plaza Bonita Road were configured differently. Today Plaza Bonita Road intersects with Lynwood Drive at Bonita Road, and the appropriateness of Residential Low at the southwest quadrant of Lynwood Drive and Bonita Road requires close consideration. leoe'V'C d b-4 'tIN /93 h/ I 7 - I 0 I - !'tf:.- CHULA viSTA ELEMENTARY SCHOOL DISTRICT 84 EAST"J" STREET. CHULA VISTA, CALIFORNIA 91910 · 619425-9600 EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH DARD OF EDUCATION ISEPH D.~.N. September 8, 1993 LARRY CUNNINGHAM SHARON GlES PATRICK A..lJDO GREG R. SANDOVAL ~R1NTENDEIfT LBlA5.GL,N. .:; ~-: Mr. Doug Reid Environmental Section City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: 15-94-04 I FA~35 I 00-035 Project: Car Wash, Detail Area, Office & Lounge Location: 3048 Bonita Road Applicant: Charles Tibbett Dear Mr. Reid: This is to advise you that the project, located at 3048 Bonita Road, is within the Chula Vista Elementary School District which serves children from Kindergarten through Grade 6. District enrollment has been increasing at the rate of 3-4 percent over the past several years, and this is projected to continue. Permanent capacity has been exceeded at many schools and temporary relocatable classrooms are being utilized to accommodate increased enrollments. The District also buses students outside their attendance areas, both to accommodate growth and assist in achieving ethnic balanca. State law currently provides for a developer fee of $.27 for non-residential area to be charged. The fee is split between the two school districts with Chula Vista Elementary SchoOl District receiving $.121sq. ft. end Sweetwater Union High School District receiving $.151sq. ft. to assist in financing facilities needed to serve growth. The District encourages developer participation in an alternative financing mechanism to help assure that facilities will be eveilable to aerve children generated by new construction. We ere ClMT8I'Itly utilizing Community Facilities Districts (CFD's) as one method to help fund this deficit. Participation in a CFD is in lieu of developer fees. -~1- 17- io L , Mr. Doug Rel\J Page 2 September e, 1993 -, The subject project is located in the Allen School lIttendanc8 area. This school is presently operating at or near capacity, and an alternative financing mechanism, such as participation in or annexation to a CFD is recommended. If you have any questions, please contact this office. Sincerely, ~ Sjk4t;~~_ J Kate Shurson Director of Planning & Facilities KS:dp cc: Charles Tibbett w.w:C:".,--.'I - ~$- 17- 103 . Case No. /S-f'~-~Y' APPENDIX IV Comments Received During the Public Review Period _ No Comments Were Reaived During the Public Review Period - g'l- . 17-/O,-! ~022.JSIW.llRl.JJ)\W.I~) , .'. cl3 roE 8:40 NRAD,OI 31 COIIPUTER SCI FAX HO. CI9!:i!;: :;9 P.D2 . . W~~TW A TER Community 'lanning Group ,.. October 1993 TO: Chula Vista Planning Department Attn: Steve Griffin FROM: SUBJECT: Sweetwater Community Planning Group Preliminary Evaluation of the Proposed Car Wash, Bonita Road west of L)'nwood Drive , - , The Sweetwater Community Planning Group has had the opponunity to rel/iew the preliminary proposal for a car wash facility on the south side of Bonita Road west of Lynwood Drive. The conceptual design appears to be within the envelope Of the apprO\l8d Sweetwater Community Design Handbook guidelines adopted bl' the Planning Group and the Board of Supervisors. While It Is' unfortunate that the City Insists that this property be annexed to gain access to sewer service (the Planning Group continues to question this need) we recognize the proponents lack of choice of alternatives. The traffic s/tuatI~ at this location Is of continuing concern and the design of this project should take that Into account, It should be noted th3t ony traffic from this project to Lynwood DrIve (for access to Bonita Road west or Plaza Bonita Road north) will cause additional cycling of the signals. This will result In additional conJeation for the eut/We5t flow of traffic through this complex Interaedlon. &t\. ~ -'oM HImmond ChIIrperson ~ - fo- !7-/CJ5" " , ~'i '''-' ;)- , ..........--.- P-" 0';> .",~ '..1'-~~O-I'~'" +.'':" uar6a 4i'. ...~.. - MIL_ , EDvtrODIIICGW I' .oveaber 9, 1993 -----~ --1" Pl"' , 2:4~\ \ , i City of Chula Vista Atttn: Susan Vandrew 276 Fourth Avenue Chula vista, CA 91910 Re: 80ni ta/l.ynwo(")d Car Wash Hoise IlIlpact P Dear Mt. Vandrew: We have reviewed tho infonation you pro......ided relet-lve to the above project's noise iJDpact potential on "djacent residential ulI'es. We also llonltt'lTed noise levels at a _;.~pilr.I:..Ie" fi\,;1~it}. ,r..cu~tly equipped wit.h a new blower/dryer SYSt.f'Illo ~e 'ce'.:i1l1at.ed 'oackgl'o.tn:1 IIOI.e levels due to Bonita R()ad traffic and U;"'II .uperillpos~ 0'11 possible on-site nois~ contribution upon the background. ~e~~se of a lack of Site-specific data, we did not include any fre~w"y cOfltribution eve,.. t.'louqh the freeway obviously a1.so affect!!; ~~e11ne conditions. . t.El~...l _- -,,- ,- ....,~... ~----- '-'- ""I", no!::,.. data the applicant I-'rovided listed a noise level of 67 .:l!; ..t <)0 fa.,- from the equipment. We _asured 66 cSP 'tt: le", f..~.t ..1~:',. th€, wcI"h' tunnel axis and 60 em at 100 feet p"llNndj~t:l.ar to '~.'(': !lxis.')ur .e.surelllent agret:s .xactly ...it" t1i"~.,..i..', ,.' ';0 literatul'(> on car wash dryers. lIiu:kgruund noise 1.ve18 due t.o ~raftic: on Bonita ROAd at Lbo. ncareFot Lynwood Hil] residence were calculated to be 66.. JUL the car va faced the hOlies it would add 60 r a co t 67.!!. nc se. If the tunne s; p. c' 0 80n l1;;" as proposed, it woulcl huve a 54 dB blr ',,- ," a .r.oJ..lJi~.~r: 66.8 dB level (a 0.2 dB .increase). .. ~l1n' '.:.'. _ .2 dn I '",l~('6se would not be detectable Viven the exist!,', ,'J ' . ad l.vo8], particularly when the freeway backvround.is alao t4k... ,ute aC'count .por an east.-west. orientat.ion of the 1:.unnel, and ...1 th .&'c~sonl\b]e li.it.s on the hours of operation, we do not .Ueve1:.bat ti'.El pntr;,;.: ia1 for a 8ignificant illl->act .,:.:ia,ts at ~... b"'.CCSt. -hoIMt1l u1' t.h,.tlr,. Ac2~!tior..l study i. walcanted, You expresl'le" sOlile conCf't'n about "~rl:)ye~ DoiEe O"i"'5ure. ,As I indicated, tblit is an OSli/\ i.sul' ' "., r. ,t really a !'latter of code ". -~/- Tl--- rOb -. ... --- _ . _.... AI. ~I. ...._. . ..... I ,I .J '..-N 0"3 'S3 14:57 GIRCV':, ..;.SC":I';TES ". - P.2 . -2- compliance. I cUe:!, however, calculate th& allowable noise exposure for a car wash employee working in close proximity to the blower for any extende~ period of time with the following time limits to aeet the OSHA allowable noise dose: Distance from Blower Allowable Time 3' !i' 6' 7' 1 Hr 45 Din 5 Hr 2 1IIin 7 Hr 8 ain Mo Lillli tation Given that car wash employees only s~na brief periods in close proxiJlli ty to the blower /dryel", I do no1. bel.ieve that noise protectJon is an issue for this projeot. Please call me if you have any questions. Sincerely, /~ /). 4..'..--1- Hans D. Giroux ' Senior scientist Giroux & Associates HOG:ai /7- /0 7 - 1d-- 1_ J. AU' _h . y--- .- - ( MEMORANDUM January 27, 1994 File # YS-S77 FROM: SUBJECT: Susan Vandrew, Planning DepartmrJp Harold Rosenberg, Traffic En~eeN'- Bonita Car Wash Traffic Report TO: Subsequent to the information provided in the transportation section in the initial study (case #15-94-04), a site specific transportation analysis was completed by a traffic consulting f1fD1, Darnell and Associates Inc. While our conclusions are the same (no adverse traffic impacts results from the project) the consultant's report shows a lower vehicle trip generation rate than was noted in the City's initial study report. The consultant's trip rate value was based on an employment and estimated daily car washes. Our trip rate value was based in a generic relationship between land use and land area. We accept the consultant's procedure and fmd his report to be complete. DW:dv cc: Kirk Ammerman (F:1Mnt~.1. ...mc~..h.DW) . - 9a- /7 - IO? ~ ..s-h- ~ mBmof'a"Jum April 25, 1994 File: YS-577 TO: Luis Hernandez, Associate Planner mOM: Zoubir Ouadah, Civil Engineer VIA: SUB.JECT: Bonita Carwash Traffic Study I reviewed the applicant traffic impact report regarding the proposed carwash on Bonita Road prepared by Darnell and Associates, Inc., elated April 21, 1994, and fmd it to be satisfactory. Please forward a copy of this report to the County of San Diego, Public Works Department for their review and comment since the intersection of Bonita Road and Bonita PlazaILynwood Drive is under their jurisdiction. Please call me at 5180 if you have any questions. WPC ,:__DorIll7a. -11- 17 - /07 , Darnell & ASSOCIATES, INC. TRANSPORT'" TION PLANNING. TRAFFIC ENGINEERING April 21, 1994 Mr. Charles R. Tibben So-CaI CaIwash Services 3907 Massachusens Avenue La Mesa, CA 91941 D&.A Ref. No.: 940103 Subject: Revised Traffic Repon for Proposed Bonita Car Wash Dear Mr. Tibben: In accordance with your authorization, Darnell & Associates, Inc. (D&.A) has prepared this lener repon addressing the five traffic items identified in the January 6, 1994 memo from Susan Vandrew. City of Chula Vista Planning Depanment, regarding the subject project. The items to be addressed are: 1. Existing Level of Service (LOS) for the Bonita RoadIPlaza BonitalLynwood intersection with and without the project. 2. Year 1998 LOS for the Bonita RoadIPlaza BonitalLynwood intersection with and without the project. 3. Discussion of intenection safety with and without the project. 4. Proposed project driveway impact to Bonita Road and Lynwood Avenue traffic. S. Discussion on the site plan circulation system. In I114ition, this iteration includes the City's request to mcorporate the traffic: usoef..... with the San Diego Calvary Cbapel in the project vicinity. TRIP GENERATION The firslltep In the lJIIIysis process Involves the esrimmon of vehicular trip5 ....-oded toffrom the ploposed project site. The p,oposed Bonita Car WISh is p\lmled to.mce 125 to 250 wasbes per day. A totsI of seven m employees will be 1ICeded and there will DOt be III)' psollne .mces provided. The 0WDtr anticipateS detailservic:es will be provided and are ICC(NDled for In the 125 to 250 wIShes per day. Exhibit 1 is . reduced copy of the project lite plan. 1/ -/I 0 1202 KmNER'OU~VARD. SUITE'. SAN DIEGO. CALIFORNIA 92101 PHONE: '1'.233-8373 . FAX: '19.233-4034 ~."" Mr. Charles R. Tibbett So-CaI Carwash Services April 21, 1994 Page 2 . . . Pursuant 10 the City's request, traffic generated by the project was -"'".'~ usiDg the San Diego Association of GovermnentS (SANDAG) publisbed lIteS (October 1993) for a car WISh. The SANDAG rate is 900 average daily vehicles (ADT) per lite. As awed above, the 0WDeI' auticipatea a ,",,~um of 250 washes per day plus employee trips. Therefore. it is our opinion that the 900 trips per day provides a worst-case analysis. AM and PM peak hour traffic was then estimated based on published SANDAG rates. The AM peak rate is 4 % of daily traffic and the PM peak rate is 9% of daily traffic, equally split between inbound and outbound movements. The resulting project trip generation is as follows: TRIP GENERATION AM Peak Pariod PM Peak Period Daily Out Use Intansity Traffic In In Out Car Wash 1 900 18 18 41 41 Project traffic was then assigned to the project driveways and the Bonita RoadILynwood Avenue intersection. The resulting project related peak hourly volumes are shown on Exhibit 2. EXISTING LEVEL OF SERVICE (LOS) WITH It WITHOUT PROJECT Existing AMlPM peak hour tOunts for the Bonita RoadIPlaza BonitaILynwood iDleraection were obtained from the County of San Diego, collected in August 1993. ExhIbit 3 presm" the existing peak hour volumes. The existing level of service was then calcul,'M utili"';." the Hipway Clpacity Manual (HeM) procedures for Signalized lDtersections. The naults of this analysis show that the peak periods will operate at LOS C in the morning and LOS D in the eveuiDg at this intenec:tlon. Tlble llU11l11W'izes the results. Project traffic was then added 10 existiDg traffic volumes. ExhIblt""'1I .'0 the at...." plus project volumes. The LOS was then calcul,'ed usiDg the HCM -""""'OJ)'. The IIIdition of project traffic 10 the existiDg traffic naults in the Bonita Road/PlUa BoaitaILll...00d Uelmlion -....1.10 operate at LOS C during the AM peak and LOS D in the eveuiDg peak. The nIUlts are rill y-_.a 011 Tlble 1. /'7' lit _ 9tf,-,- Mr. Charles R. Tibbett S<K:aI Carwash Services Apri121, 1994 Plge 3 YEAR 1998 LEVEL OF SERVICE (LOS) WITH &: WITHOur PRO.JECT To estimate year 1998 traffic volumes, the existing 1993 volumes were iDcreISed 2" per year. Exhibit 4 pteSeII!S the results of this calculation. Project traffic was then Idded to the 1998 base volumes &lid the results are presented on Exhibit 6. Level of service was then determiDed for 1998 ccmditions with &lid without the project. The AM &lid PM peak hour calculations result in the Bonita RoadIP1aza BonitalLynwood intersection openting at LOS D for both peak periods for 1998 c:oodilions with &lid without the project. The results are also presented in Table 1. YEAR 1998 CUMULATIVE LEVEL OF SERVICE 1n addition to the 2" compounded growth factor, D&A also analyzed traffic impacts associated with the San Diego Calvary Chapel located south of the project. D&A obtained a copy of the Enttanco-Federhart traffic stUdy performed for the Chapel and incorporated the trip generation &lid distribution into this srudy. The Chapel facility consists of approximately 16,300 square feet &lid operates generally on Sunday mornings and weeknights (6-9:3Opm). During the weekdays. a preschool operates from 8:00am-6:00pm, enrol1ing approximately 95 students (50 of which are grades K through 6). According to the E.ntranco- Federhan study. the preschool generateS 766 daily trips. 31 during the AM peak, &lid 60 in the evening peak. The peak hour distribution of traffic is presented on Exhibit 7. The peak hour volumes presented on Exhibit 7 were added to the base year 1998 plus proposed project volumes. Exhibit 8 shows the cumulative peak hour traffic for this coudition. HCM analysis was conducted on the cumulative volumes and the results are presented in Table 1. The intersection of Bonita RoadIPlaza BonitalLynwood will opente at LOS D during both peak periods. The HCM worksheets for al1 analyses conditions are included in Appendix A. DISCUSSION OF INTERSECTION SAFE1Y WIlli &: WlllIOur PRO.JECT Proposed project, existing, year 1998, &lid CQ1"I.I.tive volumes were ~....iIwIlS Wen IS die project site plan to identify any safety problems associatetl with the project impleIP-..,.rion. Our review of the project identified rwo potential safety coocerns. The first potential problem is JIIl)tOlisIs desiriDg to leave tbe Bonita RaId ICCllIII .drive wou1d ClOSS rwo traVel Janes' to enter die eastbouDd left U1I'II Janes to either 1IIrIlldt 0IIl0 PIua Bonita or IIIIke a U-curn to go west on Bonita Road. This ccmdition could occur from my project developed OIl tbe lite. However, a careful review of project volumes desiriDg to IIIIke these moves is very low &lid would not be expect'Sd to create a problem. 17- If"?-- 97- Mr. Charles R. Tibbett So-Cal Carwash Services April 21. 1994 Page 4 TABLE 1 SUMMARY OF LEVEL OF SERVICE FOR THE BONITA ROADIPLAZA BONITA/lYNWOOD INTERSECTION AM Peak Period PM Peek Period Condition Delay (secl LOS Deley (secl LOS Existing 24.0 C 26.6 D Existing Plus Project 24.1 C 28.6 0 Year 1998 25.3 0 34.9 0 Yeer 1998 Plus Project 27.5 0 35.2 0 Year 1998 Cumulative 27.5 0 36.6 0 LOS .. Level of Service (secl .. in seconds lbe second area involves the potential conflicts from motorists leaving the Lynwood access. Because of the long signal cycle length. these motorists could block Lynwood Road southbouDd traffic while waiting for the signal to change and serve Lynwood. .The relatively small project volumes IDli the low traffic volumes on Lynwood would indicate that this will not be a problem. PROPOSED PROJECT DRIVEWAY IMPACTS TO BONITA ROAD" LYNWOOD AVENUE The project traffic is DOt expected to create any significant ~"'s to Bonita RoId aodIor Lynwood A VCDUC traffic. Traffic geuerated by the car wash is spread fairly eveoly over the day. This reduces the poteDlia1 for ligDificant impacts occurriDi. The site could be developed widi a more iDt-.., use with higher traffic pneratiOD than the proposed project. DISCUSSION OF ON SITE PlAN ClRCUUnON SYn'EM 'lbe lite plan depi=d on Exhibit IIDli project volumes pm--' 011 Elthibit 2 were carefully l1....inM. The leuerallayout of the lite was found to be satisfactorY. The oo1y area of ....a;cm iDvolvel tbe vehicle ..('1M'll area at the vacuum area. For traffic arriviD8 via the Bonita !told acceu tbere II room for approximately 14 vehicles to queue. From Lynwood. however. tbere is .,....\MfIg area for approximately seven (7) vehicles ioc\udiDg the vacuum area. To cIeIerIDim tbe adI'quaCy of tbe .....IM"I from Lynwood. tbe peak hour geueratiOD of 41 vehicles eoteriDS the lite was oow....inl!ld. Based 011 our aperieace with /7 - 113 - 11.... Mr. Charles R. Tibbett So-Ca.l Carwash Services April 21, 1994 PageS car washes. the 41 vehicle demand can be ICCC""'nvvl,'e<! without backing vehicles onto Lynwood or blocking traffic exiting the site. The only recommended change to the plan is to widen the proposed 24 foot driveway on Lynwood to 28 feet. I trUSt this revised letter repon adequately addresses the City of CIII11a Vista (.H...._~. Sincerely, DARNELL" ASSOCIATES,INC. ~E-~ Bill E. Darnell, P.E. BEDlbh 0103CAR1.RPT/1l4-4 -1f~ 17 -IJL! / )- 1/,) _ In - EXHIBITS 1-8 -..... ... ..- \ is ~ : Darnell.. ASSOCIATES. INC. EXHIBIT 1 SITE PLAN /7- II to /" /.- ~ .. . c( 0 u ...... lI'l 0 C z 0 CD 0 CO N ........... 0 I"") Bon ita CL t Road 4/9- t 7/17 -, \ \ t r- cD (J") -0 cD co co - ............. 0 - .......................... ............. -.:T 0 ............. I"") -.:T co ;: co c >. --l 10/25 ~ 14/32~ LEGEND xx/yv - AM/PM Traffic EXHIBIT 2 J7- 117 D $.,rll e 11 .. I,IlIOCIlTlS. INC. ~~~~,.", n'l:lT ''I''I:IT\ 'l'l:!Ali'Ii'Tr L~ .- - -t &-~ z 0 ......, .- c I"") a 0 CD Lf") N 0 'r--~ N :;,' 0 r-- - .- .- Bonita 0... / ~ . L Road \.. 143/559 ~ L 15/49 846/1625 - -1217/1150 18/41 ---., r- 8/9 , , "\ 1 I /' I 0Lf")~ -0 1"")'" a ,Or-- a to ~ N. ~ .....I LEGEND xx/yy = AM/PM Traffic EXHIBIT 3 Darnell .. A5SQCU.TES. INC. Id-If Y EXISTING TRAFFI I . ~~~ ",Vl \./ Z ... . o ...... c: 1'0 o 0 m ~LD~ o ~ ~........... ~ ~ :;:- f' Bonita CL..J ~ . l- '- Road 143/559 ~ ~15/49 850/1634 - -1217/1150 I 18/41 -, .- 15/26 'I '1/ ""0 o o ~ c: >- -l <D 1'0 N -.::t ~~ ........... ........... ........... -.::t1'0~ 1'0 ~ LEGEND XX/YY = AM/PM Traffic Darnell.. JIIOCP..... lICe. 11' lie; EXHIBIT 4 . lm'STTNG PLUS PROJECT ~..- -. WJ . j~ Vl -E 1-9 z ~ 0 --- .- C I"") 0 liJ CD liJ ............ (0 0 liJCO~ N liJ.......................... 0 ~ ~ CO Bonita 0- .J ~ L Road \.. 157/615 -' L 17 /54 930/1788 - --1339/1265 20/45 -, r 9/10 - , "\ i I r \ I"") <.0 liJ U I"") ......................... 0 ............. ~ co 0 O'l ~ N ~ -.l LEGEND xx/yy = AM/PM Traffic . . . . (a) Based on '993 count expanded to 2% per year EXHIBIT 5 17 - 1:2 0 Darnell II ASSOCIATES. IIlC. (a) YEAR 1998 TRAFFIC . - I ~.~ - I . ~ <( U II> .- - z 0 ...... c f"') 0 LC) OJ LC) ,,.....c.o 0 LC)NV N LC)" 0 ,.....c.oCO CL -.J + l- Road Bonita 157/615 ~ L 17 /54 932/1793 - -1339/1265 20/45 -, r 20/36 I t I "'0 cocnco LC)"""""" 0 ,," 0 c.ov ~ ,..... ~ ,..... c >. -...I LEGEND XX/YY = AM/PM Traffic '. 17- 1'2./ EXHIBIT 6 .~lftC. IIIC. _ _ _ _. _'" ....T n... nnn n;ol"'''' 'I'"Q A li'FTr. .. - ~ J ~5 ~ (/) ,~ 0 ~ c 0 CD N 0 ...- .............. N N 0 - ...- Bonita CL t Road 28/26 -, t 5/5 "j t \ / lONL.l.l ~ C'J"- "- o .............. "- L.l.l o co N :;= C'J"- ~ -l LEGEND xx/yy = AM/PM Traffic EXHIBIT 7 17- /L-< Darnell I< JIIOIW'a. DIe. CALVARY CHAPEL TRAFFIC 1-'1__ I w I ~5 ~ Vl ,.IZ .a .:: 0 -- C rr) 0 L.[) CD L.[)rr)CD 0 'rr).q- N L.[)', 0 L.[)C()C() ..- ..- Bon ita CL..; ~ ~ l-- Road '-. 157/615 -' L 17 /54 932/1793 - -1339/1265 48/71 -, .- 25/41 'j t \ / .q-"-rr) "'0 COrr)N 0 '" 0 en co en 3: CD"'- ...- 5.- -.J LEGEND XX/YY = AM/PM Traffic /7 - i< 3 EXHIBIT 8 Darnell. AIIOCIAtIS. life. """"' non 'FFIC .___. n _ nno ..'...,. J:'1:'Tf' 1JT TTC' I"TTUTTT All v... LB.... APPENDIX A HeM Worksheets I{ - 1.2. l/ _ /tJ9- 'Ro \IIl-tr 1- 1985 HCH: 11&NALl1EO lHTERIECTIOHS SUMARY REPORT ~~!!1.111..LLLLLL1L1Lll~lLll11111111111111_11111111111111111_11_11111-1111 ~ERSECTIOH..IONITA ROADIPLAZA IONITA/LYNWOOO" AREA TYl'E.... .OTHER AHALYST.......DARNELL/lPH DATE..........1-20-94 TIHE..........AI PEAK ~"EHT.......lXlSTlNG ~OITIOHI WLUIIES &EOHETRY D III III .: D III III . LT 143 1 26 7 : L 12.0 L 12.0 LTR 12.0 LT 12.0 TH 146 1217 0 1 : L 12.0 T 12.0 12.0 R 12.0 RT 11 15 7 141 : T 12.0 TR 12.0 12.0 R 12.0 U 2 2 0 14 : TR 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 ------ ADJUITHEHT FACTORS llIAOE HV AOJ PICG IUSES PHF PEDS PEO. IUT. AU. TYl'E (X) <Xl Y/H NIl Nb Y/" .in T . 0.00 2.00 " 0 0 0.90 50 Y 14.5 3 III 0.00 2.00 " 0 0 0.90 50 Y 14.5 3 III 0.00 2.00 " 0 0 0.90 50 Y 23.5 3 58 0.00 2.00 " 0 0 0,90 50 Y 23.5 3 ------------ SIGNAL SETTINGS CYCLE LENGTH - 125.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EB LT X X NI LT X TH X X TH X RT X X RT X PO X PO X UlI LT X II LT X TH X TH X RT X RT X PO X PO lREEN 11.0 13.0 51.0 0.0 lREEN 24.0 7.0 0.0 0.0 YELLOW 3.0 0.0 3.0 0.0 YELLOW 3.0 3.0 0.0 0.0 LlYEL Of SERVICE INIE IU. ylt IIC DELAY LOS "". DELAY "". LOS D L 0.1" 0.256 27.7 D 12.4 . TIt 0.415 0.514 9.9 . III L 0.060 0.011 39.7 D 33.7 D TIt 0.970 0.416 33.7 D LTIt 0.123 .0.200 "26.5 D 26.5 D LT 0.081 0.064 35.6 D 20.7 C R 0.173 0.320 19.1 C lHTERSECTIOH: Delay - 24.0 (H./veIl) ylt - 0.571 LOS-C /7 - I~ 'f 1985 HCM: SIGHA~IIED INTERSECTIONS _RY REPORT 1~..!!!!11Ll1111LLL1LL1L1LL11LL11_11Ll1111111111__11111111111111.111111111 IRTERSECTION..IDNITA IOAD/PLAZA IONITAI~YNWOOD AREA TYPE.....OTHER AMA~YST.......~IIIIPH DATE..........1-2D-94 TIRE..........'" PEAK ~EHT.......IXISTIM& CONDITIONS _S .EOIlETRY P lIB . 58: n lIB . 58 ~T 559 9 30 42 ~ 12.0 ~ 12.0 ~TR 12.0 ~T 12.0 TH 1625 1150 5 7 : ~ 12.0 T 12.0 12.0 R 12.0 RT 41 49 4 503 : T 12.0 TR 12.0 12.0 R 12.0 RR 4 5 0 50: TR 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 --------- ADJUSTMEHT FACTORS .WE MY ADJ !'KG BUSES PHF PEDS PED. BUT. ARR. TYPE (Xl (Xl Y/N N8 Nb Y/N .;n T EB 0.00 2.00 M 0 0 0.90 50 Y 14.5 3 lIB 0.00 2.00 M 0 0 0.90 50 Y 14.5 3 . 0.00 2.00 M 0 0 0.90 50 Y 23.5 3 58 0.00 2.00 M 0 0 0.90 50 Y 23.5 3 PH-1 EB ~T X TH X RT X PD IIIl ~T TH RT PD &llfEN 1'.0 lW.DII 3.0 --------- ----- S1GNA~ SETTINGS CYC~E ~ENGTH . 125.0 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 X MB ~T X X TH X X RT X X PD X X 58 ~T X X TH X X RT X X PD 13.0 51.0 0.0 &RfEN 24.0 7.0 0.0 0.0 0.0 3.0 0.0 YEU,OW 3.0 3.0 0.0 0.0 LIVE~ Of SERVICE UIIE _. V/C ./C IE~Y LOS APP. IE~Y APP. LOS EB ~ 0.777 0.256 36.1 I 24.6 C TR 0.935 0.514 20.' C IIIl ~ 0.067 0.011 39.7 I 30.7 D TR 0.945 0.416 30.6 I . LTR 0.143 '0.200 "26.6 I 26.6 I 58 LT D.4. D.lI64 39.0 I 25.5 I R 0.617 0.320 24.1 C INTERSECTlOM: DeLey - 26.6 (..e/vehl V/C - 0.174 LOS-I - / II - ~N 'l P , / 7- I 7- j;," 1985 HCII: 1IlNALIUO INTERSECTIOlCS _RY REI'ORT ~!~~!!_!_!!!1.111_111111111111111111111111111111111111111.1111111111111111 INTERSECTIOlC. .DUTA Illo\DIPLAlA _lTA/LI'HWOOO AREA TYPE.....OTHER AHALYST.......DARHELLIIPH DATE..........1-20-94 TIHE..........AR PEAK CDHHENT.......EXISTING+PROJECT WLUIlfS IEOIlETRY U lIB . II: U lIB . II LT 143 15 34 7 : L 12.0 L 12.0 LTR 12.0 LT 12.0 TN 150 1217 3 , : L 12.0 T 12.0 12.0 R 12.0 RT 18 15 11 1'1 : T 12.0 TR 12.0 12.0 R 12.0 RR 2 2 1 l' : TR 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 ADJUSTIIENT fACTOllS llRAOE NY ADJ ~ IUSES PHf PEDS PEO. BUT. ARR. TYPE (X> (X> V/N Ne Nb Y/N .;n T 0.00 2.00 N 0 0 0.90 50 V 1'.5 3 lIB 0.00 2.00 N 0 0 0.90 50 Y 14.5 3 . 0.00 2.00 N 0 0 0.90 50 Y 23.5 3 18 0.00 2.00 N 0 0 0.90 50 Y 23.5 3 ----------- PH-1 U LT X TN X RT X PO lIB LT TN RT PO lREEN 18.0 'IEWlII 3.0 SlGHAL SETTINGS CYCLE LENGTH . 125.0 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH../, X NB LT X X TN X X RT X X PO X X sa LT X X TN X X RT X X PO 13.0 51.0 0.0 IlIEEN 24.0 7.0 0.0 0.0 0.0 3.0 0.0 YELL.OW 3.0 3.0 0.0 0.0 LEVEL Of IERYlCE LANE UP. V/C I/C DELAY LOS "'P. DELAY "'P. LOS U L 0.199 0.256 'Z1.7 0 12.' . TR 0.487 0.514 9.9 . ... L 0.112 0._ 39.9 0 33.7 D TR 0.970 0.'16 33.7 D .. LTR 0.176 0.200 26.a D 26.8 D LT 0.111 0.064 35.6 D 21.0 C R 0.173 0.320 19.a c IrnRSECTIOlC: "~lI)' . 24.1 (...,_> V/C . 0.582 LOS-C ~ON'le ~1.. /7,/:<7 1985 Heft: SIGNALIZED IHTERSECTIOHS _RY REPORT _~~~~~~!11~......LLL_L_.L_.._Ll111111111_111_11111111111_111_111111__11111 IHTERSECTIOH..IDHITA IOAD/PLAZA IDHITA/LYHWOOD AREA TYPE.... .00000R AHAlYST.......IARHELLIIPH OATE..........1-20-94 TIllE............. PEAK CORMEHT.......IXISTIN6+PROJECT WLUIIES 1E000ETRY D . . II: D . . sa LT 559 26 46 42 : L 12.0 L 12.0 LTR 12.0 LT 12.0 TM 1634 1150 13 15 : L 12.0 T 12.0 12.0 R 12.0 RT 41 49 12 503 : T 12.0 TR 12.0 12.0 R 12.0 IR 4 5 1 5D:TR 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 - - ADJUSTMEHT FACTORS lRADE MY ADJ PKG IUSES PHF PEDS PED. 1Ul. ARR. TYPE (Xl (Xl Y/H Ha Hb Y/H .in T D O.DD 2.DD H 0 0 0.9D 50 Y 14.5 3 llll O.DD 2.DD N 0 0 0.9D 50 Y 14.5 3 NB O.DD 2.DD N 0 0 0.9D 50 Y 23.5 3 sa O.DD 2.DD N 0 0 0.9D 50 Y 23.5 3 - ------------------- 51GNAL SETTINGS CYCLE LENGTH " 125.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EB LT X X NB LT X TH X X TH X RT X X RT X PO X PO X llll LT X 58 LT X TH X TH X RT X RT X '0 X PO lREEN 16.0 14.0 51.0 0.0 IREEN 24.0 1.0 0.0 0.0 YELLOW 3.0 0.0 3.0 0.0 YELLOW 3.0 3.0 0.0 0.0 LlVEL OF SEIVICE LAIIE lIP. ,It IIC DELAY LOS A". OELAY APP. LOS D L 0.102 0.241 37.6 0 21.2 0 TR 0.967 0.561 25.0 0 llll L 0.171 0.096 39.5 0 3D.1 0 TI 0.945 0.416 3D.6 0 . LTI 0.251 'O.ZOO "27.3 0 27.3 0 II LT 0.512 0.072 31.6 0 25.6 0 R 0.617 0.320 24.1 C JIlTEISECTlOH: "lay" 21.6 (.../vell) 'fIC" 0.199 LOS"/) -1/.3- ~O~N.e~ 1- /'7- /2 Cj 1915 HCM: SIGNALIZED INTERSECTIONS IUIIlARY RE~T ....!..........~...._...llllllllllllllllL1LLL1LLLL_1LLLLLL1111111111111111 INTERSECTION. ._ITA IlOAIl/PLAZA _ITAlLYIMlOD AREA TYPE.....OTHE~ AHAiYST.......DARHELLIIPH DATE..........1-20-94 TIME. . .. .. ....All PEAl< COHHEHT.......IASE 1998 _ES 1E000ETRY D lIB lIB 58: D lIB lIB S8 LT 157 9 29 1 : L 12.0 L 12.0 LTR 12.0 LT 12.0 TH 930 1339 1 1 : L 12.0 T 12.0 12.0 I 12.0 RT 20 17 1 155 : T 12.0 TR 12.0 12.0 R 12.0 II 2 2 1 16 : TR 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 ----- ADJUSTMEHT 'ACTORS iRADE MY ADJ PKG BUSES PH' PEDS PED. BUT. ARR. TYPE IX) IX) Y/H NIl Nb Y/N .in T E8 0.00 2.00 N 0 0 0.90 50 Y 14.5 3 0.00 2.00 H 0 0 0.90 50 Y 14.5 3 .... 0.00 2.00 N 0 0 0.90 50 y 23.5 3 sa 0.00 2.00 N 0 0 0.90 50 Y 23.5 3 --------------------------- PH- 1 EI LT X TH X RT X PD VB LT TH RT PD iREEN 14.0 YELLOW 3.0 SIGNAL SETTINGS PH-2 PH-3 PH-4 X NB LT X TH X IT X PD X 51 LT X TN X IT X PD 13.0 55.0 0.0 GREEN 0.0 3.0 0.0 YELLOW CYCLE LENGTH - 125.0 PH-1 PH-2 PH-3 PH-4 X X X X X X X 24.0 7.0 0.0 0.0 3.0 3.0 0.0 0.0 LEVEL Of SERVICE LM! IRP. VIC G/C HLAY LOS D L .0.249 0.224 30.3 D TR 0.533 0.514 10.3 1 lIB L 0.067 0.1III 39.7 D TI 0.991 0.448 55.4 D lIB LTR 0.131 0.200 26.6 D S8 LT 0.092 0.064 35.6 D I 0.210 0._ 21.1 C IoPP. DELAY "". LOS 15.2 . 35.4 D 26.6 D 22.6 C P>ON 1\ ~ ^" 1... JNTERSECTlON: DeLay - 25.3 (a../vaIl) VIC - 0.621 LDS-D - 11"';- J 7' 121 ~ON t:t lb f \ '985 Heft: Sl&NAlJlED lNTERSECTlONS IUIlIWlY REPORT ~~~_~!!!L_!L_Li_L_!L_!!LL!LLLL!!L_lL_llllll_ll_lllllll11111111111111111111 lNTERSECTlON. .lllHlTl IIDlD/PLlZl IllHlTlILYlNOOD AREA TYPE.....OTKER lHlLYST.......IAlNELLIBPH D1TE..........'-20-94 TlHE..........PR PEAK COIIlENT.......IlSE '998 _ES IECllIETRY P III Ie 58: P lIB Ie 18 LT 615 '0 33 46 : L 12.0 L '2.0 LTR 12.0 LT '2.0 TH 1711I 1265 6 . : L 12.0 T '2.0 '2.0 R 12.0 RT 45 54 5 553 : T '2.0 TR '2.0 '2.0 R 12.0 RR 5 5 0 55 : TR '2.0 '2.0 '2.0 '2.0 '2.0 12.0 '2.0 '2.0 '2.0 12.0 12.0 '2.0 --------- ADJUSTHENT F1CTORS IRADE MY lDJ PKG BUSES PHF PEDS PED. BUT. ARR. TYPE (X) (X) Y/H "" Hb Y/H .in T E8 0.00 2.00 H 0 0 0.90 50 Y '4.5 3 lIB 0.00 2.00 N 0 0 0.90 50 Y '4.5 3 IE 0.00 2.00 N 0 0 0.90 50 Y 23.5 3 $II 0.00 2.00 N 0 0 0.90 50 Y 23.5 3 ---------- SlGNll SETTlNGS CYCLE LEHGTH . 133.0 PN-' PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 P LT X X NIl LT X TH X X TH X RT X X RT X PD X PD X lIB LT X S8 LT X TH X TH X IT X IT X PD X PD IREEN ".0 ".0 sa.o 0.0 IlIEEN 23.5 '0.5 0.0 0.0 YEu.OlI 3.0 0.0 3.0 0.0 YEu.OlI 3.0 3.0 0.0 0.0 LEVEL Of SERVlCE LANE IRP. VIC I/C DELAY LOS lPP. DELAY lPP. LOS P L 0.970 0.226 sa.o E 36.7 D 11 0.998 0.602 29.5 D '" L 0.097 0.061 44.2 E 54.4 D 11 o.m 0.444 54.4 D Ie L1I 0.'75 '0.'" '29.6 D 29.6 D 18 LT 0.406 O.llI6 31.0 D 21.5 D R 0.697 0.3'2 27.5 D JllTEUECTlON : "ley' 54.9 <_/..n) V/C' 0.959 LOS ..D ..... II J - 11- /3 G 1915 HtM: SI&HAl1ZEO INTERSECTIONS _RT REPOtIT ~.!11111111111111~1111111Rll11111111_111-111111111111-111111111111~1111111 ZNTERSEtTION..IONITA ROAO/PLAZA IONITA/LYHWOOO AREA TYPE.....OTHER AHALYST.......IARHELL/IPH OATE..........1-2D-94 TIME..........AII PEAK COHHEHT.......199B PLUS PROJEtT VOLUIlES IEOlIETRT E8 lIB Ie 58: E8 lIB Ie 58 LT 157 20 41 e : L 12.0 L 12.0 LTR 12.0 LT 12.0 TH 932 1339 6 6 : L 12.0 T 12.0 12.0 R 12.0 RT 20 17 14 155 : T 12.0 TR 12.0 12.0 R 12.0 RR 2 2 1 16 : TR 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 -------- ADJUSlHENT FAtTORS lRAOE NY AOJ PKG IUSES PHF PEDS PEO. BUT. ARR. TYPE (Xl (Xl T/H H. Hb TIN .in T O.DD 2.DD H 0 0 0.90 50 Y 14.5 3" lID O.DD 2.DD N 0 0 0.90 50 Y 14.5 3 NB O.DD 2.DD N 0 0 0.90 50 Y 23.5 3 58 O.DD 2.DD H 0 0 0.90 50 Y 23.5 3 ---------------- PN-1 E8 LT X TH X RT X PO lIB LT TH RT PO IREEN 14.0 YELLOW 3.0 SIGNAL SmINGS PH-2 PH-3 PH-4 X He LT X TH X RT X PO X se LT X TH X RT X PO 14.0 54.0 0.0 IREEN 0.0 3.0 0.0 YELLOW CYtLE LENGTH - 125.0 PH-I ,"-2 PH-3 PH-4 X X X X X X X 24.0 7.0 0.0 0.0 3.0 3.0 0.0 0.0 LlYEL Of SERVItE INIE IRP. lilt ./t DELAY LOS EI L 0.241 0.232 29.7 0 Tl 0.542 0.576 10.7 . lIB L 0.137 0.D96 39.4 D Tl 1.009 0.440 39.5 D Ie LTl 0.224 0.200 .27.1 0 LT 0.140 0.064 35.7 0 R 0.205 0.296 21.3 t APP. OELAY APP. LOS 13.4 . 39.5 . 27.1 . 22.6 C ZNTERSECTION : LOS-O o.L." _ 27.5 (Me/velll lilt - 0.647 -II&-- ~oNq~fA-';l /7- 13! '&N'i%fPt. '985 HCll: Sl&NAL1IED JIITnSECTJOHS _RY ItEPORT .....LLLLLLLLLLLLLLLLLLLLLLLL~LLLll11111111111111111111_111_111_1111111111 JIITERSECTJOH..IDHJTA IOAD/PLAZA IDHJTA/LYIIWOOD AREA TYPE... oollTllER AIW. YST. ..... ._ELLIIPH DATE..........,~ TJKE..........PR PEAK COMMEHT.......1... PLUS PROJECT ~ES IEOIIETRY II III .. 18: II lIB .. 18 LT 6'5 36 51 46 : L '2.0 L 12.0 LTR '2.0 LT 12.0 TH 1793 1265 19 21 : L 12.0 T '2.0 12.0 a '2.0 aT 45 54 18 553 : T '2.0 TR 12.0 12.0 a 12.0 aR 5 5 2 55 : TR 12.0 12.0 '2.0 12.0 12.0 12.0 '2.0 12.0 12.0 12.0 12.0 12.0 ------ ADJUSTMENT FACTORS lRADE IIY ADJ PK6 BUSES PHF PEDS PED. BUT. AaR. TYPE (X) (X) Y/H HII lib Y/N .in T II 0.00 2.00 II 0 0 0.90 50 Y 14.5 3 lIB 0.00 2.00 H 0 0 0.90 50 Y 14.5 3 lIB 0.00 2.00 II 0 0 0.90 50 Y 23.5 3 58 0.00 2.00 II 0 0 0.90 50 Y 23.5 3 ~---------------------------------- PN-1 II LT I TH I RT I PD III LT TH RT PD IREEN 1..0 YELLOW 3.0 SIGNAL SETTINGS CYCLE LENGTH' 133.0 PN-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 I liB LT I I TH I X aT x x PD X I SB LT X X TH X X RT X X PD 11.0 51.0 0.0 IREEII 23.5 10.5 0.0 0.0 0.0 3.0 0.0 YELLOW 3.0 3.0 0.0 0.0 LEY!L Of SEIIVJeE LANE IIII'. VIe lie DELAY LOS A". DELAY APP. LOS II L 0.970 0.226 51.0 E 37.1 D "n 1.001 D.6D2 30.0 D III L 0.349 D.D6I 45.. E 34.7 D "n D.m 0.444 34.4 D .. LTR 0.373 0.114 31.0 D 31.0 D . LT 0.500 D.llI6 39.3 D 21.8 D a 0.697 0.312 27.5 D JllTUSECTJOH: Delay - 35.2 (_/veh) vie - D.'" LOS-D 17 . /3 '2. II '1- 1985 HCII: SlIllAUUD IIlTERSECTIClN5 IUlllARY REI'OlIT 11Ll1111111111111111111111111111111111111111111111111111111111.11111111111 1JITER5ECTIClN..lllNlTA ~1PLA1A IllNlTAlLYlIIIOOD AREA TYPE.....GTHER ANALY5T.......IARHELL/lPH DATE..........1-20-94 TIME..........~ 'EAK CDHHEHT.......199&+CUHULATIVE VOLIJIll5 _ETRY D lIB lIB A: D lIB lIB 18 LT 157 25 69 1 : L 12.0 L 12.0 LTR 12.0 LT 12.0 TN 932 1339 11 11 : L 12.0 T 12.0 12.0 I 12.0 IT 41 17 19 155 : T 12.0 TR 12.0 12.0 I 12.0 RR 5 2 2 16 : TR '2.0 '2.0 '2.0 12.0 '2.0 12.0 '2.0 '2.0 12.0 '2.0 '2.0 '2.0 ------- ADJUSTMENT FACTORS BRADE MY ADJ PKG BUSES 'HF 'EDS 'ED. BUT. ARR. TYPE (Xl (Xl Y/N N. Hb Y/N .in T po 0.00 2.00 N 0 0 0.90 50 Y '4.5 3 0.00 2.00 N 0 0 0.90 50 Y 14.5 3 NB 0.00 2.00 H 0 0 0.90 50 Y 23.5 3 18 0.00 2.00 H 0 0 0.90 50 Y 23.5 3 ,11-' o LT X TN X RT X '0 lIB LT TH RT PD &IIEEN 14.0 'IELLOII 3.0 ...------- SIGNAL SETTINGS CYCLE LENGTH - '25.0 PH-2 PH-3 PH-4 PH-' 'H-2 _3 PH,"" X He LT X X TH X X RT X X 'D X X 5e LT x X TH X X IT X X 'D 14.0 54.0 0.0 BREEN 24.0 7.0 0.0 0.0 0.0 3.0 0.0 'IELLOII 3.0 J.O 0.0 0.0 LEVEL OF SEIVICE LNlE BIP. VlC IIC DELAY LOS AI,. DELAY AI'. LOS EI L 0.24' 0.232 29.7 D 1J.5 . TR 0.551 0.576 10.9 . lIB L 0.171 0.D96 19.5 D 19.5 D TR 1.1109 0.440 19.5 D lIB LTR 0.J14 .0.200 .21.J D 21.J D .. LT 0.257 0.064 16.2 D 23.6 C I 0.205 0.Z96 21.J C 1JITEISECTIClN: "L.y - 27.5 (M./veh) V/C - 0.611 LOS-D _11%- lIJON '{~ Cf\ I}. 133 1985 HCll: lIIHAl.1ZED INTERSECTIONS _V REP'ORT ~~!!!!!!!1!.!!!1!llllll!11111111111111111111111111111111111111111111111111 INTERSECTION. .IOHITA IlOAD/PLAlA IOHITAlLYNWOOD AREA TYPE.....OTHER ANALYST.......DARHELLlBPH OATE..........1-2D-94 TIME..........'" PEAK COHHENT.......1991+CUHULATIVE _UHEI 1E00ETRV D . Ie 18: D lIB Ie .. LT 615 41 14 46 : L 12.0 L 12.0 LTR 12.0 LT 12.0 TN 1793 1265 31 33 : L 12.0 T 12.0 12.0 R 12.0 aT 71 54 23 553 : T 12.0 TR 12.0 12.0 R 12.0 RR 7 5 2 55 : TR 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 -------------------- ADJUSTMEHT fACTORS IWE MY ADJ P!CG BUSES PHF PEDS PED. BUT. ARR. TYPE (X) (1) V/N Na Nb Y/N I;n T D 0.00 2.00 N 0 0 0.90 50 V 14.5 3 . 0.00 2.00 N 0 0 0.90 50 V 14.5 3 Ie 0.00 2.00 N 0 0 0.90 50 Y 23.5 3 18 0.00 2.00 N 0 0 0.90 50 V 23.5 3 --------------------- SIGNAL SETTINGS CYCLE LENGTH" 133.0 PH-1 PH-2 PH-3 PH-4 PH-1 PH-2 PH-3 PH-4 EI LT X X NI LT X TN X X TN X RT X X RT X PD X PD X lIB LT X II LT X TM X TN X RT X RT X " X PD IREEN 18.0 11.0 58.0 0.0 IREEN 23.0 11.0 0.0 0.0 YELL.OII 3.0 0.0 3.0 0.0 YELLOW 3.0 3.0 0.0 0.0 LEVEL Of IERVICE UIlE IRP. VIC IIC OELAY LOS APP. DELAY APP. LOS D L 0.970 0.226 58.0 E 39.6 0 TR 1.016 0.602 33.5 0 lIB L 0.391 0.068 46.4 E 34.7 0 TR 0.975 0.444 34.4 0 Ie LTR 0.554 0.110 33.6 0 33.6 0 . LT 0.562 11.090 "40.3 E 21.8 . R 0.611 0.316 27.1 . lHTERIECTION : Delay. 36.6 (a.o/vall) V/C" 1.031 LOS"' -1/'1- ~ON ~~~ I 7 - I 3 II DISCLOSURE STATEMENT 17- i3S" _ /d'-P- ~ WE CITY OF CH't]V. VISTA DISCLOSURE STATEMENT You arc required 10 file a Slatcmcnt of Disclosurc of certain owner5llip or linancial interesls, payments, or campaign alntribulions, on all maner5 wllicll will requirc discrelionary action on IlIe part of IlIc Cily Council, Planning Commission, and all OIlier official bodies. The following information muSI be disclosed: J. Ustllle Dlmcs of all penoon. baving a linancial inlcreM in tile property wllich is Ihe suhject of IlIe applicalion or Ihe contracl, e.I., owner, applicant, contractor. subcontraclOr, material supplier. -.e.harl~c.., R. ~~TI ..l1A~~I~ A. ~A~/Jn"TO - LOI~ K.o~ ~A- (-> AI,) L C. fv1A.c, ~OTT 0 2. If any person' idenliOed pUr5uantlo (I) ahove i. a corporation or partne~lIip,listllle names of all individuals owning more Iban 10% of IlIe .harc. in Ihc corporation or owning any panner5llip inlerCSI in IlIe partnersllip. C_~ A.,,...\' c;.. R, \1 ~~T"T 00% - 2 "% ~Olc;... k.cl'"~r~ :2.."S"% Pau L'D !\1A{1N71T7:0 - 3. If any pen.on' identified pursuanl III (I) ahuvc is nnn.profit organiT...tinn nr a truM, liM IlIe names of any person serving as direclor 01 IlIc nnn-profit organil.lltiun nr as trustee or benendary or truMor of IlIe trust. - 4. Have you had more tllan S2~1l worth of husinc.., tran_acted with any memher of the City starr, Board.., Commission_, Comminees. and Council wilhin IlIe pasl Iwelve montlls? Ycs_ No-X' I( yes. please indicale person(s): S. Please idenlify eacll ind every person, including any agents, employees, consultanls, or Independent conlraclors who you have assigned 10 represenl you before IlIe City in IlIis maner. '1?" La.I1,_ 6. Have you and/Or your officen. or agenls, In Ihe aggregale, conlrlbuled more Ihan S 1,000 10 a Councllmember In Ihe currenl or precedinl cIccI ion period? Yes_ NuX. If yes. stale wllicll Couneilmember(s): · · · (NO'IE AnD addiliollll .... .~ry) · · · {~~~~ Signalure of coDIrac;lor/lppUcaDI Dale: 8> - 2Cf-'3 ~H4P 1..:E5. I? ~'1!:,~rr Prlnl or type name Of contractor/lpplicant 17 1.3 {, -/..< /- , -- _ ,_ ~_._._.J_._ ..._.:......~..........IIli... "",,"~j" WItl,'I!ft&U'C'.8I<<_nn,6OCiMdwb,~......dMri""-rOI.11i""-'~~~,,,.ac-. ATTACHMENT 8 SWEETWATER COMMUNITY GROUP INPUT J7- 137 - . THIS PAGE BLANK .. /7- 13:/ _ /~d2-- .... d3 TUE 8:40 NRAD,Dl 31 COMPUTER SCl FAX HO. C! 9SS'. ~S P.02 WEETW A TEn Community 'lannlng Group TO: FROM: SUBJECT: 14 October 1993 Chula Vista Planning Department Attn: Steve Griffin Sweetwater Community Planning Group Preliminary Evaluation of the Proposed Car Wash, Bonita Road west of Lynwood Drive , - , The Sweetwater Community Planning Group has had the opportunity to review the preliminary proposal for a car wash facility on the south side of Bonita Road west of Lynwood Drive. The conceptual design appears to be within the envelope of the approved Sweetwater Community Design Handbook gUidelines adopted by the Planning Group and the Board of Supervisors. While It Is' unfortunate that the City Insists tha1 this property be annexed to gain access to sewer service (the Planning Group continues to question this need) we recognile the proponents lack of choice of alternatives. The traffic situatiqn at this location Is of corttinulng concern and the desIgn of this project should tRke that Into account. It should be noted th3t ony traffic from this project to LynwoOd Drive (for access to Bonita Road west or Plaza Bonita Road north) will cause additionel cycling of the signals. This will result In additional conjestion for the east/West flow of traffic through this complex Intersection. 6Lt \. ~ John Hammond Chairper$OO ~ 17 - (.3 I _/;23- ~WEETWATEn MINUTES 50CTOBER 1 9 9 3 The meeting wa.s called to order at 7:10 p.m. in the Conference Room of the Bonita/Sunnyside Fire Station by Chai%person John Hammond. Present at the start of the meeting were Burkey, Hammond, Lasswell, McDonald, Roark, Riess, H. Taylor, J. Taylor, Todus and Werner. Excused: Jensen, Ingrassia, Watson, Absent: Choppin. Present from the County: Mike Evans, Habitat Planning Coordinator DPLU Community Planning nroup Agenda Item 1: Approval of minutes from 7 September 1993 Meeting. A quorum wa.s not present so minutes were not taken. Agenda Item 2. Opportunity for members of the public to speak to the Planning Group on any subject within the Planning Group's purview but not on the agenda. Presentations liJnited to 3 minutes. No action can be taken on items not on the published agenda. There wa.s no public comment. Mul tiple Species Wildlife Habitat and Open Space Conservation Program; presentation/discussion. Evans presented a slide show and discussed the 1991 Work Program for conserving native habitat, the Multiple Species Conser.mtion Program. A more effective wa.y to conserve habitat is sought and a wa.y to streamline development process occuring during planning. City of San Diego is doing the mapping and it should be completed by December. Fish and Wildlife has been very active this year in listing threatened and endangered species and San Diego County received preliJninary listings for 18 species of plants and animals, and has the highest list of sensi ti ve and endangered species of any county in the U. S. There has been little consistency in planning between jurisdictions, but now the city of San Diego, the county and other jurisdictions are working together to establish a resource base plan at the local level. A rough draft map of the Sweetwa.ter area and another map encompassing a much larger area were given to the Chairperson. Evans in- dicated the solution is to integrate natural resource planning into land use planning setting goals to try to conserve the biologic diversity, manage the network of natural land and conserve large blocks of habitat. Evans will return in the near future if the county is not forced to terminate his position due to budget constraints. ~enda Item 3: Agenda Item 4: Bonita Car Wash; update. Paul McNado presented the members with information and section sketches of the proposed car wash which will be located across from the new Pier I on Bonita Road at the corner of Lynwood Drive. The Spring Valley Sewer is 1 1/2 blocks to the east so in order to hook up to the Chula Vister sewer the city is requiring the developer to annex. The 'l'lanning Group is very concerned that Chula Vista continues to approve projects which r111 add traffic to a road where the LOS is F. Mr. McNado explained Chula Vista contends traffic iJnpact is not heavy with a car wa.sh because the traffic is already there. The I-80S/Bonita Road area is one of the worst in the entire county and Chuia Vista's logic is very questionable. Mitch Beauchamp will design the landscaping which will have 32 trees. Their schedule is up in the air but he believes it will be four to six months P.O. Box 460, Bonita, California 91908-0460 J7- UIO :a,zE: ,.. S:P: ~~KcTES 3 Octobe~ 1993 ~efo~e const~uction begins. He agreed there's no problem in designating it Chula Vista ~ar 'ash rather than Bonita Car Wash. Lgenda =tem 5: SR123 report; discussion. '!odus reported CTV is having a difficult time securing funding for the tOllway. CalTrans :.s not considering viable options one of which is to construct Otay Valley Road across to 1-5 but the response to that suggestion was CalTrans is mandated to build SR123 and :.ot mandated to do anything else. Planning Group believes CalTrans is using 1950 technology to address the circulation problems of the 90's, and is ignoring alternatives such as rail. '!aylor reported that since the Sweetwater Valley Civic Association dropped its plan to :-.ave an informational booth an SR125 at the BonitaFest, her husband and she compiled factual information, obtained aerial photographs of the tollway area and set up photos cf the Sweetwater Valley and proposed alignments and collected names of persons who are c;>posed to the tOllway and willing to help cause its demise. !::xius indicated that there is no comparable tollway anywhere in the world and this pro- ~osed road will be a sweetheart deal for CTV. '!he Taylors will work on the formation 0~88t!i~~~~fations in the valley such as the SVCA, Homeowner's Associations, Sweetwater Woman's Club, Bonita Valley Horsemen, e~c. to stop the tollway thru the valley. Chula Vista has indicated it now does not need SR125 because the developers in the South Bay have started a fu.'ld to be used to widen Proctor Valley Road and build any ad- c.:.tional roads needed to serve their developments. ~** Agenda Item 6: Announcements. The Board of Supervisors ruled the trail easement on the Jeremiah property is valid a:A ordered Jeremiah to remove the fence which prohibited the riders and hikers from using the trail. Jeremiah will appeal. ...................A letter was drafted and will be refined by the Chairperson to be sent to S;~'DAG in response to its letter regarding the use of tax dollars for a portion of the tolh-ay. The MarION (Taylor/I'aylor) Letter be sent to SANDAG in response to its letter. PASSED - unamimous. ~:eeting adjourned 8: 50. ~tful1Y ~~~keY, /7- ILl! /,;2 .r'~ OCT-21-93 THU 10:26 NRAD,DIV 91 COMPUTER SCI FAX NO. 6195532969 :WEETW A TER Community 2 November 1993 - 7:00 p.m. PI nnl"n" ** Bonita-Sunnyslde Fire Station ** a ~ 4900 Bonita Road, Bonita Group PRELIMINARY AGENDA 1. Meeting canceled due to a lack of agenda items. John Hammond Chairperson - .~. /]- fLlL -/;:L!,- PLO. Box 4.60. Bonita. Callfnmla D1GnLn4An PUBLIC HEARING GIECK LIST PUBLIC HEARlNG DATE: I Ill- 11f--t 'U'''CT ~ ~ ~~ lo~:r :=::: 6-P ~ bQC.'14QN: ~ O.:""i ~ ..Q,." _-h J .....,.- ~ ....j- u...' ...u.. . ~ RJ- '1 ;t'~ lli_. _ 71.':' .L..c~,_1M.. ~ .;~~ SENT TO STAR NEWS FOR PUBLICATION -- BY FAX V'; BY HAND ; BY MAlL PUBLICATION DATE I / ~ I q....j - - , . MAlLED NOTICES TO PROPERTY OWNERS pI'" ~ NO. MAlLED PER GC ~54992 Legislative Staff, ConstrUction Indusny Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK 'io /2-'1/"14- , J COPIES TO: Administration (4) ~' Planning l-- / Originating Deparrmenr Engineering .....-- Others City Clerk's Office (2) ~ (,/2A !q'-/- . j POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS: 7/93 -55- j' '.,) / I, 'J [' ---- '-/-, NOTICE OF PUBLIC HLARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CIIULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Considering application to change present General Plan designation & Prezone 0.67 acres located at southwest corner of Bonita Rd & Lynwood Dr. within Sweetwater Community Area of San Diego County. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY 'IIII' CITY COUNCIL on Tuesday, July 12, ]994, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: June 29, 1994 /7- 14 q ~~~ ::~~--: ~~~ -t.,~~ CllY OF (HULA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LEITER Telecopier No. (619) 585-5612 DATE: C. /2q lev,; TO: Star News LeS!:a1 / Sue FAX NO: (619) 426-6346 FROM: ~ UuJ~ o~~ l DO SUBJEcr. n LA . \,\~~.:. ~ I Cl't '. . , . ~.. .-,,~ .J TOTAL NO. PAGES (including cover): ::2- PUBUCATION DATE: '7/7-/ar4 If all pages are not received, please call Lorna @ (619)691-5041. f7-/4S 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691.5041 NOTICE OF PUBLIC HEARINGS BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of considering an application to change the present General Plan designation and Prezone 0.67 acres located at the southwest comer of Bonita Rd. and Lynwood Dr. within the Sweetwater Community Area of the San Diego County. The application, submitted by Charles Tibbett, requests the following: 1. Change the Existing General Plan designation from Commercial Office and Low Density Residential (0-3 du/ac) to Visitors Commercial. 2. Prezone the Property C-V-P, Commercial Visitor with Precise Plan. Copies of the proposed project are on file in the office of the Planning Department. An Initial Study, IS-94-04, of possible significant environmental impacts has been conducted by the Environmental Review Coordinator. A finding of no significant environmental impact has been recommended to the City Council and is on file, along with the Initial Study, in the office of the Planning Department. Copies of the proposed amendment and prezoning applications are on file in the office of the Planning Department. Any petitions to be submitted to the City Council must be received by the City Clerk's office no later than noon of the hearing date. If you wish to challenge the City's action on this General Plan amendment or Prezone, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE PLANNING COMMISSION on Tuesday, July 12, 1994 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of Chula Vista, iu complying with the Americans with Disabilities Act (ADA), requests individuals who may require special accommodations to access, attend, and/or participate in a City meeting, activity, or service to request such accommodation at leastfarty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact Nancy Ripley for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) (619) 585-5647. California Relay Service is available for the hearing impaired. DATED: CASE NO.: June 28, 1994 GPA-94-03, PCZ-94-B, 17-140 .:aNl%T'NA""f'l:.!2- ~~ r- - - ...- ...-"'- I --_ I --t ..., "C" CHULA VISTA PLANNING DEPARTMENT C!) APPLICANT: Charles Tibbit PROJECT DESCRIPTION: GP A .. Amend from office .. ftlldentlal to ADDRESS: SW comer of Bonita Rd. mmmerclal and L,"nwood Dr. PCZ.Prezone to CVP. Commercial VI.itor SCALE: FILE NUMBERS: PCC.Conditlonal UH Permit to ooerate a NORTH 1" - 200' GP A.94-02, PCl,.94.B full service carw..h. PCC-94-23 17-)L;7 ORDiNANCE NO. 0(5'15' AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE PREZONING THE 0.67 ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND LYNWOOD DRIVE C-V-P, COMMERCIAL VISITOR WITH PRECISE PLAN. WHEREAS, property consisting of approximately 0.67 acres located at the southwest corner of Bonita Road and Lynwood Drive and diagrammatically presented on the area map attached hereto as Exhibit A; and WHEREAS, a duly verified application for a Prezoning was filed with the Planning Department of the City of Chula Vista on November I, 1993 by Charles Tibbett; and WHEREAS, said application requested to prezone 0.67 acre parcel C-V, Commercial Visitor; and WHEREAS, the Planning Department set the time and place for a hearing on said prezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. June 8, 1994 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-94-04; and WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the prezone is consistent with the City of Chula Vista General Plan and that public necessity, convenience, and good zoning practice support the prezoning to C-V-P, Commercial Visitor Precise Plan; and, WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-94-04 and voted 6-0 (Tuchscher absent) to recommend that the City Council approve the prezoning of the parcel to C-V-P, Commercial Visitor Precise Plan; and NOW, THEREFORE the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: / 7...? -! SECTION I: Based on the findings and recommendations of the Environmental Review Coordinator, the City Council does hereby adopt the Negative declaration issued on IS-94-04. SECTION II: the City Council finds that the prezoning is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good Zoning practice, support the prezoning to C-V-P, Commercial Visitor Precise Plan zone. SECTION III: that the parcel located at the southwest corner of Bonita Road and Lynwood Drive, as shown in the attached Zoning Map, be prezoned C-V-P, Commercial Visitor Precise Plan. SECTION IV: Pursuant to Section 19.56. 041 of the Municipal Code, the City Council finds that the following circumstances are evident which allows the application of the .pH Precise Plan Modifying District to the Subject site. Commercial development is usually located adjacent to high density residential development/zoning. In this case, the 40 ft elevation difference between the subject site and the southerly adjacent residential neighborhood provide an adequate transition to justify the coexistence of this two land uses. However, in order to ensure that development on this property is compatible with the surroundings the following Precise Plan Standards are necessary to allow the City sufficient control to achieve the desire community character. I. development in this property shall be in conformance with the Sweetwater Community Plan and Design Guidelines. 2. Development of this property shall be limited to single tenant. 3. Building setbacks shall be as follows: Bonita Road 20 ft. Lynwood Drive 20 ft. Rear (south) 25 ft. Side (west) 0 ft. 4. Building height shall be limited to 2 1/2 stories or 45 ft. whichever is less. 5. A 20 ft. landscape buffer shall be provided along both street frontages. 6. Parking shall be screened with dense landscaping, landscape mounding, low walls or a combination of any of the above solutions. 7. Driveway along Lynwood Drive Shall be 28 ft wide. 8. Business identification signs shall be limited to low profile monument type signs, wall mounted signs and directional signs as permitted in the underlying zone. /7,1 ,:;. 9. A lighting plan addressing security and light spills onto the southerly adjacent residential area shall be submitted as part of the building permit submittal package. 10. Land uses in this site shall not create noise levels exceeding 65db by day and 55db by night. II. Development of this property must agree to not increase water consumption or participate in water conservation or fee offset program the City may have in effect at the time of building permit issuance. SECTION V: thiS Ordinance shall take effect and be in full force the thirtieth day from its adoption. ~IDXb Presented by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney (f: \bome\planniD&\Iuia\gpa-9403 .ceo) /7/).;3 RESOLUTION NO. I ?fb,f' RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING THE GENERAL PLAN AND PREZONE 0.67 ACRES LOCATED AT THE SOUTHWEST CORNER OF BONITA ROAD AND L YNWOOD DRIVE FROM OFFICE COMMERCIAL AND RESIDENTIAL LOW DENSITY TO COMMERCIAL VISITOR WHEREAS, a duly verified application for a General Plan amendment was filed with the City of Chula Vista Planning Department on November 1, 1993, by Charles Tibbett; and WHEREAS, said application requested that the General Plan designation on approximately 0.67 acres located at the southwest comer of Bonita Road and Lynwood Drive within the unincorporated Sweetwater Community Area be changed from Office Commercial and Residential Low Density to Commercial Visitor~and, WHEREAS, the City Clerk set the time and place for a hearing on said General Plan Amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised; namely, July 12, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the General Plan Land Use Element has not been amended more than three (3) times this calendar year; and WHEREAS, the Environmental Review Coordinator recommends adoption of the Negative Declaration IS-94-04; and WHEREAS, the City Council finds that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-94-04. NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the City Council, the Council finds that this project would have no significant environmental impacts and adopts the Negative Declaration issued on IS-94-04. /7l3 - / BE IT FURTHER RESOLVED THAT the City Council approves the amendment to the Land Use Element of the General Plan designating the property "Commercial Visitor." Presented by Bruce M. Boogaard City Attorney Robert A. Leiter Director of Planning (r: \home\plaoning\luis\GP A 94-02 .ccr) J7!J'eJ- COUNCIL AGENDA STATEMENT Item /1)' Meeting Date 7/12/94 SUBMITTED BY: Public Hearing to consider testimony on the establishment of Zone E within Eastlake Maintenance District No. I, for the perpetual maintenance of Telegraph Canyon channel Director of Public wo~ City Manager~ ~~ (4/5ths Vote: Yes_NoX) ITEM TITLE: REVIEWED BY: On May 24, 1994 Council declared the intention to establish Zone within Eastlake Maintenance District Number 1 and set the first public hearing July 12, 1994. Staff is finalizing the report and recommend that Council con t.inue the public hearing. RECOMMENDATION: That Council continue the first public hearing to July 19, 1994 and hold the second public hearing on July 26, 1994. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. JPL:SB/ENGlNEER/AGENDAIZONEE.CON 070794 18"--/ PUBUC HEARING GiECK UST PUBUC HEARlNG DATE; I / L 'l. , :~:~:,,~~~ ;S'~ ':-; ~t.~k!- ~ 2. l- ~.~~..- ~l-C}- ~ .Q SENT TO STAR NEWS FOR PUBLlCATION .. BY FAX V; BY HAND ; BY MAlL PUBLlCATION DATE <.0 /, <.0/ i c:r;~ - . , I - ~ ., I,er I ~ b.Q~~'~fa~~ ~ ') MAlLED NOTICES TO PROPERTY OWNERS NO. MAlLED PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK ..;f /.J{./c," , COPIES TO; Administration (4) ,,/ ,,/' Planning Originating Department Engineering / Others City Clerk's Office (2) / ~/l-I../&j~ , , POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS; 7/93 .55. 17.--t 0 ., ~) RESOLUTION NO. 17504 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1994/95 SPREAD OF ASSESSMENTS (ZONE E) FOR EASTLAKE MAINTENANCE DISTRICT NO.1, DECLARING THE INTENTION TO ESTABLISH ZONE E FOR THE MAINTENANCE OF TELEGRAPH CANYON CHANNEL, TO LEVY AND COLLECT ASSESSMENTS AND SET JULY 12 AND 19, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, on June 1, 1993, the City Council considered establishing Zone E within Eastlake Maintenance District NO.1 (ELMD 1) to provide for the maintenance of section of the Telegraph Canyon channel recently improved by the City which facility is more fully described in the report ("Facility or Telegraph Canyon Channel"); and, WHEREAS, Council directed staff to analyze alternatives in response to concerns of assessing properties for new improvements and return to Council; and, WHEREAS, staff has prepared five alternatives for Council's consideration and recommends Alternative 1, which is as follows: Alternative 1 excludes all residential properties within Eastlake 1 as these properties preceded the need for maintenance of the channel. However Alternate 1 does include ill! property owners in Eastlake Greens and the Eastlake 1 Business Center within Zone E. Therefore this proposal will assess all tributary, undeveloped properties within the basin in future districts and assess all tributary properties located within Eastlake Greens and Business Center beginning in FY 94/95. WHEREAS, staff recommends Alternative 1 be utilized in the formation of Zone E for the following reasons: 1. All property owners who were required to pay for construction of the channel because their property drains to Telegraph Canyon Creek and whose property developed after the Drainage DIF Ordinance was adopted will pay towards the maintenance of the channel. This is the most equitable approach and is justified under the 1972 Landscaping and Lighting Act. 2. Properties that developed before the need for the channel are not proposed to be assessed. 3. The disclosures which were provided to the buyers indicated that a maintenance district was in place giving a potential cost for the district which ranged from $8/year to $50/year. The assessment will be approximately $21/year ( $16.67 cost/EDU plus $4.56 for the drainage portion) which is between the assessments indicated in the disclosures but not significantly higher than the low figure disclosed. The proposed increase due to Zone E is a minor burden to the property owners whereas if another alternative is chosen, there will likely be problems in the future because different owners would not be paying for maintenance of all the same improvements for which they benefit. 4. The amounts to be assessed to the Business Center and the Greens is very low, ultimately estimated at $5/year or less for the residential properties and only $1.24 or less next fiscal year. The ultimate impact to the industrial and commercial properties I ~ - LI in the Business Center is also minimal, under $35/year/acre or less than $3/month/acre (estimated). 5. It was not the intent of the agreement between EDC and the City to have EDC "pick up" the cost for any residential properties in the Greens or the Business Center properties if a district was formed. 6. This alternative allows Council the most flexibility in choosing an alternative because it notices the most property owners of an assessment amount. This is important because it allows the Council to adopt anyone of the five alternatives at the time of the public hearing. This is the case because the law allows properties to be excluded or assessments lowered but not added or raised at the time of the hearing which could occur with the other alternatives. However, at the time of the hearing, it may become difficult to choose Alternative 2 if the city is exempting some properties and not others. WHEREAS, staff recommends that all owners within ElMD1 be notified of the proposed improvement and those who will pay the additional cost be notified of the proposed assessment and estimated future cost pursuant to the landscaping and Lighting Act of 1972. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF CHUlA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOllOWS: SECTION 1. Resolution Initiating Proceedings per 22585. Pursuant to Section 22585 of the Streets and Highways Code ("Resolution initiating proceedings; contents"). adopted by reference through Section 17.07 of the Municipal Code, the City Council does hereby propose the amendment and reformation of Eastlake Maintenance District No.1, by creating a special zone therein, to be referred to as Zone E, for the purpose of collecting and paying for the maintenance, repair and replacement of the improved Telegraph Canyon Channel above referenced, ("Improvements"). from the property owners within the territory shown on the attached Figure 1 pursuant to Alternative 1 as presented in the Council Agenda Report dated May 24, 1994 and entitled: "Council Agenda Statement" submitted by the Director of Public Works ("Council Agenda Report"). SECTION 2. Direct Preparation of Engineer's Report. The City Council does hereby accept the Council Agenda Report as the engineer's report required by Section 22585(d). and notes that same is on file with the City Clerk as required by Section 22586, and approves same as the Engineer's Report, subject to such modifications as may be made after further hearings and proceedings prior to formation of the Zone. IJ - S TABLE 1 ElAID1 FY 93/H FY 94195(2) FY 94/95 FY 94/95 TOTAL" ASSESSMENT ASSFSSMENT ASSESSMENT COST REVENUE WITH ZONE E Zone A - Ell Industrial $209/oc $279/oc $289/ae S340/ac N/A Commercial $349/ac 465/ac 496/ac $ 567/ac N/A Zone B Eastlake Greens $10.64 $14.08 $16.67 N/A Zone EO) Telegraph Cyn Channel N/A 1.24131 1.24(31 2,386 ,>) ,OJ '" Residential = $22.82/EDU Industrial = $34.24/ac. Commerical = $30.36/ac. Table does not show aU Zones Future assessment and cost is estimated at 54.56/0.20 EDU (S22.821EDU) upon turnover of Phases 2 and 3 of the channel SECTION 3. Resolution of Intention per Section 22587. Pursuant to Section 22587 of the Government Code. adopted by reference under Section 17.07 of the Municipal Code, the City Council does hereby declare their intent to reform and establish Zone E, hereinabove described, as a special zone within the territory of EastLake Maintenance District NO.1 for the maintenance of the Improvements hereinabove described, to levy and collect assessments, and, as the Council may determine as necessary at a later time, to issue bonds or notes, all of which is and shall be more fully described, including the proposed assessments, in the Engineer's Report under the alternative indicated therein as Alternative 1. SECTION 4. Notice of Required Public Hearings. Pursuant to Section 22590 of the Streets and Highways Code, and Section 54954.6 of the Government Code, the City Council does hereby fix as the time and place for the required public meetings and hearings by the City Council on the question of the formation of the Zone and the levy of the proposed assessment as 6:00 p.m., or as soon thereafter as the business of the Council permits, on July 12, 1994 and July 19, 1994, in the Council Chambers, 276 Fourth Avenue, Chula Vista, California, and directs the City Clerk to give notice to the public hearing in accordance with sections 22551 of the Streets and Highways Code, and Section 6063 of the Government Code, and in the manner specified in the Council Agenda Report under the subsection thereof labeled: "Notice and Public Hearings". 13 - C SECTION 5. Evaluation of Agreement Modifications. Without committing to the approval of same, Council will entertain proposals to amend the Telegraph Canyon Channel Agreement between the City and EastLake Development Company, dated August 2, 1988, and directs staff to entertain discussions in this regard so as to permit a staff recommendation on such proposed amendment. Presented by Approved as to form by John P. Lippitt Director of Public Works Bruce M. Boogaard City Attorney f It - l PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of May, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Vicki C. Soderquist, Deputy City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17504 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of May, 1994. Executed this 24th day of May, 1994. Vicki C. Soderquist, Deputy City Clerk I ?r~ ;( COUNCIL AGENDA STATEMENT ITEM MEETING DATE 7/12/94 /q ITEM TITLE: Resolution \\51...("", Ratifying the Sale and Transfer of the Cardroom License Held by Fran and Rosemary Burger to Harvey Souza, Conditionally Approving the Consolidation of the Two Independent Licenses held by these Parties into a single License, and, Approving the Collateral Pledge of the Transferred License as Security for the Acquisition Financing on certain Terms and Conditions -, Chief of police\l,i'~ city Attorney (as to legality and conditions to transfer and pledge) GRG G- e,lM B REVIEWED BY: City Manage~7 (4/Sth's Vote: Yes___ No~) The City currently has four valid cardroom licensees and two operating cardrooms. The two card rooms now in operation are the Vegas Club and the Village Club. This item would approve the transfer of the license currently held by Fran and Rosemary Burger, doing business as the Vegas Club, to Harvey Souza who does business as the Village Club. The proposed transfer would result in the consolidation of these two operating cardrooms, and their respective independent licenses, into a single consolidated license. Provided that he first obtains the necessary Conditional Use Permit, the consolidated license would permit Mr. Souza to increase his card room operation from 8 tables to 12 tables. The Chief of Police has no objection to the application to transfer and consolidate these two operating cardroom licenses. Additionally, the transfer involves the collateral pledge of the transferred license by Mr. Souza back to the Burgers in order to secure the Burger's seller financing of that transaction. The City Attorney has reviewed the proposed transfer and pledge and has determined that this transaction complies with the Chula vista Municipal Code and therefore can legally be approved subject to certain conditions. The city Council reserves the right to approve or disapprove the proposed transaction in its sole discretion. SUBMITTED BY: BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: Approve the Resolution. Background The Police Department has oversight responsibility relative to any gaming activities that occur within the jurisdictional limits of the City of Chula vista. There are three types of lawful gaming activity that occur in Chula vista: gaming sponsored by fraternal /1-( Meeting Date: 7/12/94 Page 2 organizations; bingo and casino parties sponsored by non-profit or charitable organizations; and, card room gaming. Card room gaming is the only lawful for-profit gaming activity authorized by the Chula vista Municipal Code (the "Code"). The Code permits card rooms to offer to their patrons all games legal in the state of California except pai-gow, super pan, california 22, and panguingue. Every lawful gaming activity requires that a permit or license be issued by the city. Currently, there a four valid cardroom licenses and two cardrooms in operation. The four valid licenses are held by: 1) Fran and Rosemary Burger who operate the Vegas Club card room; 2) Harvey Souza who operates the Village Club card room; and, 3) the Chula vista Bay Club Partnership, Al Zenedjian Principal Partner, which owns two licenses that have been consolidated and are not currently in operation. Last month, Harvey Souza contacted City staff to formally request approval of the transfer by the Burgers to Mr. Souza of the Burgers' Vegas Club license, the only other currently operating card room license in Chula vista. The letter further indicated that an "Agreement to purchase" had been entered into between the parties contingent upon the approval of the city of Chula vista of the transfer of the license. Mr. Souza's letter is provided as attachment 1. Subsequent meetings wi th Mr. Souza, his representatives and City staff, including the City Attorney, were held to clarify the nature and terms of the proposed transaction. city staff requested and Mr. Souza willingly provided the purchase and financing documents to be used in the transaction. At Mr. Souza's request, the documents provided did not include the actual purchase price for the license in order to preserve the confidentiality of the transaction. Through reliable sources, staff believes that it nonetheless knows the purchase price being paid by Mr. Souza for the Burger license. Staff also believes that given the substantial purchase price being paid for the license, Mr. Souza is likely to request a liberalization of the City's existing cardroom regulations in order to allow him to expand his operations and thereby facilitate his ability to finance this purchase price. Discussion Staff's evaluation of the proposed sale and consolidation of these two operating card rooms focused on the following issues: 1. Does the proposed transfer of the Burger card license to Mr. Souza satisfy the threshold requirements for transfer under the Code? room legal 2. Does Mr. Souza meet the city criteria for operating a 19,2 Meeting Date: 7/12/94 Page 3 card room license? 3. Can the transferred license be pledged to secure seller financing for the transfer. If so, what conditions should be imposed? 4. What are the impacts of the Village Club card room operating under a consolidated license? 5. What is the likelihood that, given the substantial purchase price being paid for the license, Mr. Souza will request a liberalization of the City's existing card room regulations to permit more extensive and profitable card room operations? 6. What possible bases exist that would support disapproval of the proposed transfer? ~. Does the proposed transfer of the Burger card room ~icense to Mr. Souza satisfy the thresho~d ~ega~ requirements for transfer under the Code? Chapter 5.20.030 of the Chula vista Municipal Code (the "Code") sets forth the process and limitations associated with the transfer of local card room licenses. The Code imposes two threshold legal requirements upon applicants proposing to transfer local card room licenses: A. only licenses held by persons for three years at a fixed eligible to be transferred. who have operated a card room location within the City are Finding: The applicant seeks to acquire the license of Fran and Rosemary Burger who have operated the Vegas Club at its current location in the 400 block of Broadway for more than three years. B. The applicant(s) must meet all the requirements established by the Code for the initial issuance of card room licenses. The applicable requirements include: i. Payment of a non-refundable $500.00 fee to cover the expenses associated with investigating the application. Finding: The applicant has submitted the appropriate $500.00 fee. 1'1.3 Meeting Date: 7/12/94 Page 4 ii. Submission of an application to the Chief of POlice, submitted under oath, that includes a variety of information about the applicant and any other persons having a financial interest in the card room business. Finding: The applicant has submitted the appropriate application. Based on these criteria and findings, subject to city approval of the character of the proposed transferee (discussed below), the proposed transfer satisfies the threshold legal requirements of the Code. 2. Do the Souzas Meet the City criteria for Operating a Card Room License? Chapter 5.20.030 of the Code also requires that the applicant meet with the approval of the Chief of Police and City Council. Under the Code, this approval is generally conditioned upon an evaluation of the applicant's character and whether or not there is good cause why the applicant should not be permitted to operate the card room. Specifically: A. The applicant(s) must obtain approval by the Chief of Police of the application. The approval of any application may be withheld in the sole discretion of the Chief of Police. Finding: The Chief of Police has no objections to this applicant. The applicant and his employees appear to be of good character and there is no apparent good cause why the applicant should not be permitted to operate a card room. To date, the applicant has conducted its existing card room business at the Village Club in accordance with all applicable laws and Mr. Souza has no criminal history. B. The applicant(s) must obtain ratification by the City Council of the application submitted to and approved by the Chief of Police. Finding: Council ratification of the proposed transfer of the Burgers' license to Mr. Souza is the subject of this item and is hereby presented by staff for Council consideration. Pursuant to the Code, the City Council reserves the right to approve or disapprove the proposed transaction in its sole Iq - 'I Meeting Date: 7/12/94 Page 5 discretion. possible bases for disapproving the proposed transfer are set forth in section 6 of this report. 3 . Can the transferred license be pledged to secure financing for the transfer. If so, what conditions should be imposed? In its current form, the Code does not expressly allow or disallow the collateral pledge of a card room license. Nonetheless, City staff believes that such a pledge can occur consistent with the existing regulatory scheme provided that the transaction is subject to the following conditions of approval: (a) The parties that are the beneficiaries of the pledge (in this case, the Burgers) shall have undergone an updated investigation of their character and qualifications to operate a card room pursuant to Code section 5.20.030. (The Police Department has conducted such an investigation to its satisfaction. ) (b) Notwithstanding the City's approval of the pledge, the pledge of the card room license to the Burgers shall vest no rights in the Burgers to hold and/or operate such license. In order to obtain such rights, the Burgers would need to reapply with the City for its approval of the transfer of the license back to the Burgers. No action taken by the Burgers pursuant to their financing documents which might result in their reacquiring title to the card room license that they transferred to Mr. Souza will be recognized by the City as a valid transfer until the Burgers fully comply with the card room license transfer requirements set forth in section 5.20.030 of the Code, or any others then existing transfer requirements. (c) The city shall retain its rights to amend the Code which regulates card room license issuance, transfers, operations, revocations, fees and any other matter in its sole discretion and the City shall retain its right to revoke the pledged license pursuant to Code section 5.20.090, or any other then applicable laws or regulations, based upon the conduct of the party actually holding and operating the license (in this case, the Souzas) without regard to any actions taken by the Burgers to prevent such amendment or revocation other than through the normal political process. (d) Any assignment by the Burgers of their collateral interest in the transferred license shall itself be considered a transfer {q- 5 Meeting Date: 7/12/94 Page 6 of a license subject to the prior approval of the City in accordance with then applicable laws. 4. What will be the impact of the Village Club Card Room operating under a consolidated license? The result of the proposed transfer would be to consolidate two independent licenses into a single consolidated license. A card room operator holding a single license may operate no more than 8 tables seating 8 patrons each. A card room operator holding a consolidated license may operate no more than 12 tables seating 8 patrons each. As discussed above, the Burgers are currently operating 3 card room tables at the Vegas Club Card Room, (although they are authorized to operate up to 8 tables), and Mr. Souza is currently operating 8 card room tables at his Village Club Card Room. If Council approves this transaction, the number of tables authorized to be operated under the 2 involved licenses will decrease from 16 to 12. The number of tables actually in operation is likely to increase from 11 to 12. In order to operate the additional 4 tables that he acquired through his acquisition of the Burger's license, either at his current location or any other location, Mr. Souza will need to obtain a conditional use permit pursuant to Code section 19.14.060, et seq. 5. What is the likelihood that, given the substantial purchase price being paid for the license, Mr. Souza will request a liberalization of the city's existing card room regulations to permit more extensive and profitable card room operations? Given the substantial purchase price staff believes is being paid by Mr. Souza for the Burger's card room license and based upon staff's conversations with Mr. Souza, staff believes that there is significant likelihood that Mr. Souza will request a liberalization of the City's existing card room regulations in order to permit further consolidation of outstanding licenses and/or otherwise to permit more expanded and/or profitable card room operations. Note: The Code does not expressly require that the purchase price for a transferred card room license be disclosed to the City as part of the City's approval process. In order to preserve the confidentiality of the transaction, the Burgers and Mr. Souza would prefer that such information not be disclosed. However, if any Councilperson desires such information, staff will provide it upon request. Regardless of whether or not the Council requests the purchase price be disclosed for this transaction, in order to !9-~ Meeting Date: 7/12/94 Page 7 assist the City in evaluating whether or not its existing regulatory scheme and fee structure is sufficient to adequately monitor and control card room activities, the City may wish to consider requiring the disclosure of such information in the future. If the city Council so desires, staff will evaluate this issue and proposed appropriate changes, if any prove to be necessary, to the current regulatory scheme. 6. What possib~e bases exist that wou~d support disapprova~ of the proposed transfer? An alternate to staff's recommendation to approve the proposed card room license transfer could be supported by any of the following bases: a. The transfer would grant Mr. Souza an effective monopoly on all current operating card room tables in the City. As a result of such monopoly Mr. Souza's ability to dictate the terms and value of gaming activities in the City would be increased. A highly valued monopoly may also attract non- local, corporate gaming interests to the city. b. It is staff's belief that based upon the purchase price to be paid for the Burger's license and the apparent intentions of Mr. Souza, Mr. Souza's acquisition of the Burger license is a first step towards his requesting that the City Council consider liberalizing the existing card room regulations to permit expanded and/or more profitable card room activities in the City. Although the applicant has not requested any of the following changes, such proposed liberalization might include: (1) additional consolidation of licenses (i.e., permitting Mr. Souza to acquire the Chula vista Bay Club Limited Partnership's two outstanding [albeit inoperative] card room licenses or permitting Mr. Souza to acquire any new licenses that may be issued based upon an increase in city population above 160,000 people); (2) allowing the issuance of an increased number of licenses (currently the Code permits the issuance of 1 license per 40,000 residents); (3) expanding the variety of available games; (4) increasing the bet limit (currently set at $30 per bet); (5) increasing the allowable number of tables or seats at tables (currently set at 8 tables with 8 seats per single 19-1 Meeting Date: 7/12/94 Page 8 license); (6) increasing the game playing charge (currently set at $.375 per hand per player); (7) increasing the permitted days and/or hours of operation (currently set at Monday through Saturday, 9:00 p.m. to 1:00 a.m.); (8) permitting the on-site sale and/or consumption of intoxicating beverages (currently prohibited) . c. Any and all other social, economic or policy issues that city council members may deem appropriate. Again, city council approval or disapproval may be exercised in its sole discretion. FISCAL IMPACT: The Burgers are currently operating three tables at the Vegas Club Card Room. Pursuant to Code section 5.20.060, license tax revenue from these three tables is generated for the City at the rate of $4,500 ($1,500 per table) per every three month period (or portion thereof). until Mr. Souza applies for and obtains the CUP necessary to activate the four card room tables he has acquired by purchasing the Burgers' license, this license tax revenue will stop and not be replaced. Mr. Souza has indicated that he intends to apply for the required CUP within one year. Therefore, the estimated fiscal impact of this action is an $18,000 reduction in General Fund revenue for FY 1994-95. ICf~<t .AitAc~Ma\+ ? 1 Village Club Card Room 429 Broadway Avenue, Chula Vista, CA 91910 619/426-4542 June 3, 1994 Chief Richard Emerson Chula Vista Police Department 276 Fourth Avenue Chula Vista, CA 91910 Dear Chief Emerson, I am the sole owner of the Village Club Card room located at 429 Broadway Avenue in Chula Vista. I have recently signed an "Agreement to Purchase" the only other currently operating card room license in Chula Vista, The Vegas Club, which is under the ownership of Fran and Rosemary Burger. The "Agreement to Purchase" is contingent upon the approval by the City of Chula Vista of the transfer of the license. Through this letter, I formally request the City of Chula Vista's approval in concept of the transfer of the Vegas Club card room license to me. I understand that you have the current information you needed to approve the transfer of the license. If you need any additional information, or if there are any other forms or materials you would like to have, please call me at 426- 4542. Thank you for your assistance. S~"'Y~T' Harve~/ The above is a true and accurate representation of Fran and Rosemary Burger's intent to sell their existing City of Chula Vista card room license to Harvey Souza, subject to City of Chula Vista approva Signed: Date: 6- '3~ :;y , oLvU2- 3-/'I7c; Signed: Date: Iq-~ /IQ-IO RESOLUTION NO. Il S~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SALE AND TRANSFER OF THE CARDROOM LICENSE HELD BY FRAN AND ROSEMARY BURGER TO HARVEY SOUZA, CONDITIONALLY APPROVING THE CONSOLIDATION OF THE TWO INDEPENDENT LICENSES HELD BY THESE PARTIES INTO A SINGLE LICENSE, AND, APPROVING THE COLLATERAL PLEDGE OF THE TRANSFERRED LICENSE AS SECURITY FOR THE ACQUISITION FINANCING ON CERTAIN TERMS AND CONDITIONS WHEREAS, the City currently has four valid cardroom licensees and two operating cardrooms in operation which are the Vegas Club and the Village Club; and WHEREAS, it is proposed to transfer the license currently held by Fran and Rosemary Burger, doing business as the Vegas Club, to Harvey Souza who does business as the village Club; and WHEREAS, said transfer would result in the consolidation of these two operating cardrooms, and their respective independent licenses, into a single consolidated license; and WHEREAS, provided that he first obtains the necessary Conditional Use Permit, the consolidated license would permit Mr. Souza to increase his card room operation from 8 tables to 12 tables; and WHEREAS, the Chief of Police has no objection to the application to transfer and consolidate these two operating cardroom licenses; and WHEREAS, the transfer involves the collateral pledge of the transferred license by Mr. Souza back to the Burgers in order to secure the Burger's seller financing of that transaction; and WHEREAS, the City Attorney has reviewed the proposed transfer and pledge and finds such transaction to be legal subject to certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby ratify the sale and transfer of the cardroom license held by Fran and Rosemary Burger to Harvey Souza, an individual, approving the consolidation of the two independent licenses held by these parties into a single license conditioned upon Mr. Souza's acquiring a Conditional Use Permit in accordance with the Chula vista Municipal Code. 1 ICl - II BE IT FURTHER RESOLVED that the City Council does approve the collateral pledge of the transferred license as security for the acquisition financing on the following terms and conditions: (a) Notwithstanding the City's approval of the pledge, the pledge of the card room license to the Burgers shall vest no rights in the Burgers to hold and/or operate such license. In order to obtain such rights, the Burgers would need to reapply with the city for its approval of the transfer of the license back to the Burgers. No action taken by the Burgers pursuant to their financing documents which might result in their reacquiring title to the card room license that they transferred to Mr. Souza will be recognized by the city as a valid transfer until the Burgers fully comply with the card room license transfer requirements set forth in section 5.20.030 of the Code, or any others then existing transfer requirements. (b) The City shall retain its rights to amend the Code which regulates card room license issuance, transfers, operations, revocations, fees and any other matter in its sole discretion and the City shall retain its right to revoke the pledged license pursuant to Code section 5.20.090, or any other then applicable laws or regulations, based upon the conduct of the party actually holding and operating the license (in this case, the Souzas) without regard to any actions taken by the Burgers to prevent such amendment or revocation other than through the normal political process. (c) Any assignment by the Burgers of their collateral interest in the transferred license shall itself be considered a transfer of a license subject to the prior approval of the city in accordance with then applicable laws. Presented by Approved as to form by [;:" Richard P. Emerson, Chief of Police ity C:\rs\vegas.xfr 2 19 - I~ ~J~ =-:: .-....;~~~ ~.......~~ -~~- CllY OF CHULA VISTA OFFICE OF THE CITY ATTORNEY July 11, 1994 FROM: The Honorable Mayor and City Council Bruce M. Boogaard, City Attorney '-~ ~> bUfg TO: RE: Proposed Transfer and Collateral Pledge of Card Room License - (Agenda Item No. 19) The above-referenced agenda item submits for Council consideration the transfer of the card room license currently held by Fran and Rosemary Burger to Harvey Souza. The transaction includes a collateral pledge by Mr. Souza back to the Burgers of the transferred card room license in order to secure payment by Mr. Souza to the Burgers of the card room license purchase price over a period of years. In reviewing this transaction, the City Attorney's office proposed a number of conditions regarding the collateral pledge of the cardroom license by Mr. Souza in favor of the Burgers in order to preserve the City's unfettered regulatory authority over cardroom transfers. After reviewing these proposed conditions, the Burgers' legal counsel requested an amendment which would enhance the value of the Burger's security interest in the cardroom license in the event that the City revoked the license from Mr. Souza. In the event that the city did elect to revoke the transferred licensed from Mr. Souza, the amendment would give the Burgers a 90-day period in which to apply for the transfer of the license back to them. The city Attorney's and the Police Department feel that this proposed amendment is acceptable and generally consistent with the overall cardroom regulatory scheme. This proposed amendment is reflected in the attached amended resolution for this item. The City Council reserves the right approve or disapprove this item in its sole discretion. In the event that the City Council elects to approve the proposed transaction, staff recommends that the amended resolution, attached, be the form of such approval. BMB:GG:lgk Att. cc: John Goss, city Manager sid Morris, Asst. city Manager Richard P. Emerson, Chief of Police Kevin Hardy, Principal Management Asst. jfj-fJ 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619} 691-0037 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE SALE AND TRANSFER OF THE CARDROOM LICENSE HELD BY FRAN AND ROSEMARY BURGER TO HARVEY SOUZA, CONDITIONALLY APPROVING THE CONSOLIDATION OF THE TWO INDEPENDENT LICENSES HELD BY THESE PARTIES INTO A SINGLE LICENSE, AND, APPROVING THE COLLATERAL PLEDGE OF THE TRANSFERRED LICENSE AS SECURITY FOR THE ACQUISITION FINANCING ON CERTAIN TERMS AND CONDITIONS WHEREAS, the city currently has four valid cardroom licensees and two operating cardrooms in operation which are the Vegas Club and the Village Club; and WHEREAS, it is proposed to transfer the license currently held by Fran and Rosemary Burger, doing business as the Vegas Club, to Harvey Souza who does business as the Village Club; and WHEREAS, said transfer would result in the consolidation of these two operating cardrooms, and their respective independent licenses, into a single consolidated license; and WHEREAS, provided that he first obtains the necessary Conditional Use Permit, the consolidated license would permit Mr. Souza to increase his card room operation from 8 tables to 12 tables; and WHEREAS, the Chief of Police has no obj ection to the application to transfer and consolidate these two operating cardroom licenses; and WHEREAS, the transfer involves the collateral pledge of the transferred license by Mr. Souza back to the Burgers in order to secure the Burger's seller financing of that transaction; and WHEREAS, the city Attorney has reviewed the proposed transfer and pledge and finds such transaction to be legal subject to certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby ratify the sale and transfer of the cardroom license held by Fran and Rosemary Burger to Harvey Souza, an individual, approving the consolidation of the two independent licenses held by these parties into a single license conditioned upon Mr. Souza's acquiring a Conditional Use Permit in accordance with the Chula vista Municipal Code. 1 rC;-ly BE IT FURTHER RESOLVED that the City Council does approve the collateral pledge of the transferred license as security for the acquisition financing on the following terms and conditions: (a) Notwithstanding the City's approval of the pledge, the pledge of the card room license to the Burgers shall vest no rights in the Burgers to hold and/or operate such license. In order to obtain such rights, the Burgers would need to reapply with the City for its approval of the transfer of the license back to the Burgers. No action taken by the Burgers pursuant to their financing documents which might result in their reacquiring title to the card room license that they transferred to Mr. Souza will be recognized by the City as a valid transfer until the Burgers fully comply with the card room license transfer requirements set forth in section 5.20.030 of the Code, or any others then existing transfer requirements. (b) The City shall retain its rights to amend the Code which regulates card room license issuance, transfers, operations, revocations, fees and any other matter in its sole discretion and the City shall retain its right to revoke the pledged license pursuant to Code section 5.20.090, or any other then applicable laws or regulations, based upon the conduct of the party actually holding and operating the license (in this case, the Souzas) without regard to any actions taken by the Burgers to prevent such amendment or revocation other than through the normal political process. (c) Any assignment by the Burgers of their collateral interest in the transferred license shall itself be considered a transfer of a license subject to the prior approval of the City in accordance with then applicable laws. (d) In the event that the City revokes the transferred license from Mr. Souza, prior to any reissuance of such license to a third party, the Burgers shall be given ninety (90) days in which, under then existings laws, they may apply with the city for the transfer of such license to the Burgers. In the event that the Burgers fail to apply for a license transfer during such 90-day period, or the Burgers' application for transfer is rejected, the City may dispose of the license as it sees fit in its sole discretion. Presented by Approved as to form by Richard P. Emerson, Chief of Police Bruce M. Boogaard, city Attorney 2 I Cl - IS: COUNCIL AGENDA STATEMENT Item ,).. 0 Meeting Date 07/12/94 ITEM TITLE: REPORT STATUS OF BA YFRONT NEGOTIATIONS SUBMITTED BY: Community Development Director cS. REVIEWED BY: City Manage~ ~ (4/5ths Vote: Yes_ No...K.J BACKGROUND: On April 5, 1994 the Q~: discussed the status of negotiations with the Mid-bayfront developer, and directed staff to report back in sixty days as to whether substantial progress had been made towards completion of a Development Agreement (DA) (minutes attached). Staff has made substantial progress, including the draft development of a Pre-Construction Phasing Plan and a draft D A. Several negotiating issues have been resolved between staff and the developer, a number of issues have moved toward concurrence but are not finalized, and three major issues remain unresolved. The developer wishes to discuss the three unresolved issues with the Agency members. RECOMMENDATION: At the request of the appl i cant, staff recommends thi s item be continued to the meeting of July 19, 1994. ,2~" / MEMORANDUM May 13, 1994 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager FROM: Jess Valenzuela, Director of Parks and Recreat~ SUBJECT: Intergenerational Facilities BACKGROUND: In 1990, the Chula Vista 2000 Child and Adult Care Subcommittee recommended that the City promote development of an intergeneration facility within the City of Chula Vista. The Child and Adult Care Subcommittee introduced this concept as a way to meet the demand for child care while, at the same time, meet the need to provide day care for the elderly. A" one-stop" center was suggested where the parents would drop off their children and elder parents at the same facility. In addition, it was presumed that an intergenerational facility would provide the opportunity for the elderly to assist in the care of the young. In 1992, the Chula Vista 21 Child and Adult Care Subcommittee recommended to support the development of an intergenerational facility. At the March I, 1994 City Council meeting, during their discussion of the proposed Child Care Work Program, the subject of intergenerational facilities was mentioned. Council was informed that the Commission on Aging felt that such a facility would not work and that there was no interest expressed. Consequently the Council directed staff to provide the reasons why the Commission did not support an intergenerational facility. Staff recently returned to the Commission for a clarification on their position of supporting an intergenerational facility, The Commission, expressed their interest in such a facility which is contingent upon definite guidelines. In addition, the Council wanted the Child Care Commission's comments on this subject as well. DISCUSSION: At its April 13, 1994 meeting, the Commission on Aging defined terminology to provide the Council with a clearer understanding of the Commission's recommendations. Based on the following definition, the Commission on Aging supported an Intergenerational Facility, and recommends that if such facility is developed, the Commission be represented in its planning (Attachment A). NOT SCANNED Intergenerational Facility - A "One stop" Center and joint use facility provides services for children and seniors in seDarate sections of the facility, with each section meeting the licensing requirements of the State of California for the care of a specific targeted population. Joint use of designated common areas is allowed. The facility could be used for joint programs, but onlv on a limited basis. The Center could also be used for Alzheimer's, Social or Adult Day Health Care service. lImw\<hild.."inlo,.en ,;,Se - / Intergenerational Program - Where children and adults interact and share a program of compatible activities, such as arts and crafts, history, etc. This is a time limited program. This type of activity is supervised by licensed providers; however, seniors would .!1Q1 be surrogate caregivers. Licensed Providers - People who have met certain educational criteria, set by the State of California, to care for various specific populations. Adult (Social) Day Center - Adult Day Care centers are licensed, community-based programs, that provide non-medical care to meet the needs of functionally-impaired adults. Services are provided according to an individual plan of care in a structured cOl}lprehensive program that provides a variety of social, psychosocial and related support services in a protective setting on a less than 24-hour basis. The State of California licenses these centers as community care facilities. Adult Day Health Care - Target population of this type of care is the frail elderly with some medical dysfunctions. Providers fall within the medical model of care such as nurses, dietitians, and physical therapists. Volunteers operate under the supervision of medical providers. Child Care Commission Comments Intergenerational Facilities was discussed at the April 19, 1994 meeting of the Child Care Commission (Attachment B). The Commission is presently focusing its energies on developing a child care element to the City's General Plan. As a result they are not working on specific programs such as an intergenerational facility. The Child Care Commission believes that existing programs within the City of Chula Vista provide adequate interaction between seniors and children. The Commission further believes that this would not preclude considering inergenerational facilities sometime in the future, but the Commission's consensus was that the intergenerational concept is not a priority at this time. This memorandum is provided for Council's information. IoonwI<lliWou\inII:.,en 02.S e -;;.., .h - - - .. " ....V Mark Weinish of the Planning Department handed out a chart showing the type of licensed child care centers in the City 'by zip code. He also informed -the Commission members about the KPBS Mister Rogers Wbrkshop to be held in Chula Vista May ~4 at the Elementary School District. Bob Morris reminded the Commissioners that in their packets is an item regarding the Public Forum. Discussion ensued regarding who to invite and potential topi cs. Due to the length of th i s agenda and the lateness of the hour, Mr. Morris asked that the ~mbers review this list and call him with their input. The Commission thanked Messrs. Fry and Weinish for their presentation and all the work done by them. 4. CDBG 1994-95 Proposals Inasmuch as Commissioner Stillwagon had a conflict on this item since she is an applicant for Block Grant funding for the Chula Vista Connection, it was decided to table Item 4 until Commissioner Johns' arrival in order to maintain a quorum. 5. Council Referral 12864 (Maintaining Availability of Child Care Facilities) There is apparently some confusion abo~t this referral from the Council meeting of March 1. Staff member Morris requested that the Commission seek clarification from the Council on this item. IT WAS MSUC (Miehls/Stillwagon) to contact the City Council for clarification of their motion. (Commissioner Johns arrived at this time, 9:45 p.m.) 6. Intergenerationa1 Faci1jties The City Council has requested comments from the Commission on Aging and the Child Care Commission regarding intergenerational facilities, a subject which was addressed in the Chu1a Vista 2000 and Chu1a Vista 21 reports to Council in the past. Chair Hartman felt that the Commission is engaged in the process of trying to develop a child care working program for the City and, at this point, the Commission is focusing its energies on developing a general child care program, not looking at specific programs like an intergenerationa1 faCility. The Commission agreed that it was an expression of their position at this point that existing programs within the City of Chula Vista provide interaction between seniors and children and the Commission feels they are currently adequate. This would not preclude considering such a facility sometime in the future when a child care program has been developed, but the consensus was it should not be a priority at this time. 7. Subscription Renewal (On the Caoitol Doorsteo) IT WAS MSUe (Gish/Johns) to renew the COIIIIIission's subscription to this pub Hcat i on. >>e -.3 March 7, 1994 TO: Jess Valenzuela, Director of Parks and Recreation ~ Jim Thomson, Deputy City Manager!/ Teri Enos, Principal Management Asslstant~ VIA: FROM: SUBJECT: Inter-generational Care Facilities ************************************************************************* At the 3/1/94 meeting during their consideration of the Proposed Child Care Work Program (Item 12), Councllmember Fox requested a "copy of the reasons why the Commission on Aging felt that t,he subject facilities would not work or why there was no interest expressed." Additionally he requested that you should also include comments from the Child Care Commission regarding Inter-generational facilities. \ TE:mab r" .:JSe ~ i Wednesday 3:00 p.m. Apri113.1994 . .orman Park Center .... Conference Room 5 B. ~GENERATIONAL CHILD CARE Sr. Recreation Supervisor Beardsley gave the Commission a brief history of the interaction between the Conunission on Aging and other advisory bodies within the City of Chula VISta on this subject. In response to a question from the Commission, Supervisor Beardsley explained that due to the ambiguity ofterms used in describing intergenerational programs and intergenerational facilities when this question was brought before them original1y, an apparent misinterpretation had occurred in the communication of t11.e Commission's comments through the Chula VISta 2000/21 process. Due to this miscommunication, Council is requesting a clarification of the Commission's views. It is, therefore, necessary for the Commission to consider this and forward their recommendation to Council at this time. Since the Commission had previously responded to a question of Seniors being YWl as SUITo;rate carelrivers. Chair Dennison suggested that the Commission carefully define terminology before discussing the feasibility of this type of program in order to provide the Council with a clearer understanding of the Commission's recommendations. Intergenerational Facility - One stop shop - Joint use facility, however, services for children and seniors are provided in different, seoarate sections of the facility with each section meeting the licensing requirements of the State of California for the care of a specific targeted population. Joint use of designated common areas is allowed. The facility could be used for joint programs but 2DlY on a limited basis. Could be used for A1zheimei's, Social or Adult Day Health Care type of service. Intergenerationa1 Program - Where children and adults come together and share a program of compatible activities, such as arts and crafts, history, etc. This is a time limited program. This type of activity is supervised by licensed providers and seniors would 1121 be surrogate caregivers. U......ced Providers - People who have met certain educational criteria set by the State of California, to care for various specific populations. Adult (lW-i..l) Day Center - Adult Day Care centers are licensed, community-based programs that provide non-medical care to meet the needs of functionally-impaired adults. Services are provided according to an individual plan of care in a structUred comprehensive program that provides a variety of social, phychosocial and related support services in a protective setting on a less than a 24-hour basis. The State of California licenses these centers as community care facilities. Adult Day Health Care - Target population of this type of care is the frail elderly with some medical dysfunctions. Providers are medical model, nurses, dietitians, physical therapists. Volunteers function under the supervision of medical providers. .25'e ..~ Wednesday 3:00 p.m. April 13, 1994 6 . NonnanPark Center Conference Room Motion to communicate to the Chula VlSta City Council that based on the above definitions. the CoTnTT'l;csion On Aging is in favor of Inter'l!:enerational Facilities. and recommends that if discussion of such facilities goes forward, the Com'T';C~On fwther strongly rec:omm.."ds the Comm;c~on on Aging be represented in any such discussion. MSC HAGEDORN/SCRIVENER S-O (FABRIOONUrE OUT) 4. CO~CATION~ W. Co .. a. ntten mmmucallons NONE b. Commissioners' Remar~ NONE c. Oral Communications NONE S. STAFF REPORT Sr. Recreation Supervisor Beardsley advised the Commissioners that there will be 8 public hearing held on Apri114, at the Norman Park Center on Americans with Disabilities Act. Senior representation is important at this meeting. ADJOURNMENT to the regularly scheduled meeting of May 11,1994. Respectfully submitted. .;5 e - &>