Loading...
HomeMy WebLinkAboutAgenda Packet 1994/05/24 Tuesday, May 24, 1994 6:00 p.m. "I declare IInder penalty of perjury that I am employed by the City of Chula Villta in the Office of the City Clerk and that I posted this Agenda/NO'lice on the Bulletin Board at the Public ~rVices Building and at City Hall on DATED, oS ''1''''4 SIGNED*? l2.nc- .. , Rel!\llar Meetin~ of the City of Chula Vista City Council Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: Councilmembers Fox _' Horton _' Moore _' Rindone _, and Mayor Nader _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SiLENT PRAYER 3. APPROVAL OF MINUTES: May 10, 1994 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Dorathea Grindle - Commission on Aging; and, Elizabeth Stillwagon - Child Care Commission. b. Mayor's State of the City Address ***** 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 wUl be recorded in the minutes which will be available in the City Clerk's Office. ****'" CONSENT CALENDAR (Items 5 through 16) The staff recommendations regarding the following items listed under the Consent Calendar wUl 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 pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action 'Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter in response to City Council request for joint meeting with Southwestern College Governing Board regarding building/locating a Transit Center at Southwestern College - Joseph M. Conte, Superintendent/President, Southwestern College, 900 Otay Lakes Rd., Chula Vista, CA 91910. The City Attorney is offering the following alternatives: (A) Accept Non- Elected Person's Dias Participation; (B) Counter-offer to Reject Non-Elected Person's Dais p~c~)e meeting of 5/10/94-(/Udt7-!efJ ~..de. Agenda -2- May 24, 1994 6. ORDINANCE 2592 AMENDING SECTION 17.10.100 TO PERMIT PAYMENT OF REQUIRED FEES 60 DAYS AFTER MAP RECORDATION, AND AMENDING SECTION 18.16.100 TO CLARIFY LANGUAGE ALLOWING BONDS TO BE PROVIDED AFTER MAP APPROVAL (second readil1l! and adootionl - This ordinance proposes a further modification to the amendment which Council passed on 5/3/94 concerning the Telegraph Canyon Estates Final Map (Baldwin). The amendment would allow Park Acquisition and Development Fees (PAD) and other fees to be paid within 60 days of a final subdivision map approval if appropriate security were provided thus allowing map recordation and building permit to be issued within the 60 day period. Staff recommends Council place the ordinance on second reading and adoption. (Deputy City Manager Krempl) 7. RESOLUTION 17492 APPROPRIATING FUNDS FOR LITIGATION EXPENDITURES - Historically, the City has not budgeted for outside legal professional services in the normal annual budget cycle. Instead, the City appropriates funds as the need arises on a case by case basis. Previously appropriated funds will shortly be exbausted and additional appropriation is needed for four cases in order to be able to continue to effectively represent the City's interest. Staff recommends approval of the resolution. (Assistant City Attorney Fritch) 4/5th's vote required. 8. RESOLUTION 17493 APPROVING TIlE TEMPORARY CLOSURE OF THIRD A VENUE TO VEIDCULAR TRAFFIC BETWEEN "E" STREET AND DAVIDSON AVENUE ON TlIURSDAYS BETWEEN 2:00 P.M. AND 8:00 P.M. FOR A FARMERS' MARKET SPECIAL EVENT, WAIVING BUSINESS LICENSE FEE FOR TIlE DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN TIlE SPECIAL EVENT, WAIVING INITIAL STUDY DEPOSIT (FEE) FOR LONG-TERM FORMAL STREET CLOSURE - The Downtown Business Association (DBA) proposes to establish a weekly certified Farmers' Market in the Town Centre I Project area as a special event and requests the closure of a portion of Third Avenue between "E" Street and Davidson Avenue on Thursdays between 2:00 p.m. and 8:00 p.m. for a 60-day period commencing on 6/2/94 to accommodate the Market. In addition, the DBA requests that the City waive business license fees for the vendors participating in the Market. Staff recommends approval of the resolution. (Director of Community Development) 9. RESOLUTION 17494 PROCLAIMING TIlE YOUNG ADULT MATERIALS COLLECTION AT TIlE SOUTH CHULA VISTA LmRARY TIlE "ARTURO BARRIOS COLLECTION" - Council has asked the library to consider naming a wing or room of the new soutb library after Arturo Barrios. The Library Board of Trustees has discussed the proposal at two meetings and has deferred action, asking that library staff develop potential criteria to be used when naming a room or wing of a library building. At present, library staff proposes that the young adult collection at the new library be named in honor of Mr. Barrios and that an appropriate plaque be installed in that area. It would not preclude naming a room or wing after Mr. Barrios once criteria has been developed and approved. Staff recommends approval of the resolution. (Library Director) Agenda -3- May 24, 1994 10. RESOLUTION 17495 ACCEPfING BIDS AND AWARDING CONTRACTS FOR THE PURCHASE OF LffiRARY FURNITURE INCLUDING SHELVING, CUSTOM CASEWORK, SHELF TASK LIGHTING, OFFICE FURNISHINGS, MISCELLANEOUS ACCESSORIES AND INTERIOR SIGNAGE FOR THE SOUTH CHULA VISTA LffiRARY - Bids for furniture and shelving for the new South Chula Vista Library were advertised and released on 312/94. Sixteen bids were received and opened on 4/5/94. The bids came in at $176,597.79, or approximately 12.8%, under bid for a total of $1,200,272.21. The California Library Construction and Renovation Bond Act provides for reimbursement of 65 % of the related costs. Staff recommends approval of the resolution. (Interim Finance Director and Library Director) 11. RESOLUTION 17496 APPROVING AUTHORIZATION OF OUTSTANDING DEBT FOR IMPROVEMENTS IN THE RANCHO DEL REY AND PRICE CLUB PARTNERSHIP - During June 1993, an agreement was entered into for the Rancho del Rey Commercial Center and Price Club for the various public improvements that needed to be initiated at that time. Part of the agreement was repayment of a loan in the amount of $1,892,000 which was a General Fund obligation over a ten year period. Staff recommends approval of the resolution. (Interim Finance Director) 4/5th's vnte required. 12. RESOLUTION 17482 ACCEPfING BIDS AND AWARDING CONTRACT TO SOUTHWEST SIGNAL SERVICE FOR THE TRAFFIC SIGNAL INSTALLATION AT GOTHAM STREET AND OT A Y LAKES ROAD IN THE CITY AND APPROPRIATING FUNDS - On 4/20/94. four sealed bids were received from electrical contractors for the installation of traffic signals at Gotham Street and Otay Lakes Road. The low bid of $79,361 was received from Southwest Signal Service and is below the Engineer's estimate of $86,970. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Continued from the meeting of 5/10/94. 13. RESOLUTION 17497 REAPPROPRIATING OF FUNDS, ACCEPfING BIDS AND AWARDING CONTRACT FOR "ROHR COMMUNITY PARK, PHASE ill" (PR-IS0) IN THE CITY - On 4/27/94, sealed bids were received for "Rohr Community Park, Phase Ill" in the City (PR-180). The work to be done consists of playground area improvements, concrete walkways, and miscellaneous landscaping. Funds for the Rohr Community Park, Phase III (PR-180) were included in the 1993/94 CIP budget. It is the third phase of the City's comprehensive plan for the improvement and upgrading of Rohr Community Park. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) 4/5th's vote required. 14. REPORT EASTLAKE AFFORDABLE HOUSING TASK FORCE APPOINTMENT- On 12/14/93, Council approved a General Plan Amendment for a portion of the EastLake planned community. In conjunction with their action on the matter. Council agreed to consider formation of an ad hoc affordable housing task force to assist in the creation of an affordable housing implementation program for the EastLake planned community. On 4/12/94, Council approved the composition of such a task force and requested nominations of individuals to serve on it. Staff recommends Council approve the proposed members of tbe task force and direct staff to initiate the first meeting of the group. (Director of Planning) Agenda -4- May 24, 1994 IMPLEMENTATION OF THE ENDANGERED SPECIES ACT SPECIAL RULE 4(d) FOR THE INTERIM HABITAT LOSS APPROVAL PROCESS - Last year the Federal Department of the Interior adopted the Special 4(d) Rule regulating the habitat "take" of the California Gnatcatcher. The Special Rule links protection of the bird to the California Natural Community Conservation Planning (NCCP) process. Prior to the preparation of an overall NCCP plan, the process allows the "take" of up to 5 % of Coastal Sage Scrub (CSS), which is the habitat for the Gnatcatcher. During the past several months City staff has been working with staffs from throughout the region to develop a process to allow local agencies to implement the "take" process. Staff recommends Council direct staff to work toward resolving the issues identified in the staff report and, after resolving the issues, to draft an ordinance for implementation of the Special 4(d) Rule at the local level. (Director of Planning) 15. REPORT 16. REPORT PROPOSED FOCUSED PLANNING AREA CRITERIA FOR THE MULTIPLE SPECIES CONSERVATION PROGRAM - In January 1994, Council appointed Councilman Bob Fox to participate on a policy committee for the Clean Water Program Multiple Species Conservation Program (MSCP). On 2/28/94, the MSCP Policy Committee requested that the participating jurisdictions provide input regarding recommended criteria for forming a "focused planning area," which would define a study area for a future regional habitat reserve system within the Clean Water Program service area. Staff recommends Council conceptually endorse the approach to delineation of a "focused planning area" as recommended by the City of San Diego, and direct its representative on the MSCP Policy Committee to recommend that the approach be rermed to be more directly applicable to Chula Vista and the other participating jurisdictions. (Director of Planning) * * END OF CONSENT CALENDAR * * 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 recommentlation; complete the pink form to speak in opposition to the staff recommentlation.) Comments are limited to five minutes per individual. 17. PUBLIC HEARING PCM 94-23: MODIFICATION OF THE PRECISE PLAN GUIDELINES FOR OTAY INDUSTRIAL PARK FOR SPECIFIED LOTS ALONG ENERGY WAY - CITY INITIATED - During the hearing process which resulted in the approval of a text amendment to allow automobile auctions in the 1 (General Industrial) zone as a conditional use (PCA-93-01), the question was raised about which paving standards should apply to the Energy Way uses. Upon review, it was determined that if the current paving standards were applied to the auto auctions and auto dismantlers along Energy Way, it would pose an undue financial burden on uses which currently have only a l3-year life. Therefore, it was determined that the Precise Plan for Otay Industrial Park should be reviewed with respect to paving (PCM -79-20). Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17498 APPROVING PCM-94-23, A MODIFICATION TO THE GUIDELINES FOR THE OTAY INDUSTRIAL PARK FOR CERTAIN USES ON SELECTED PARCELS ON ENERGY WAY ADDING WORDING RELATED TO PAVING STANDARDS Agenda -5- May 24, 1994 18. PUBLIC HEARING PCC-94-40 - REQUEST TO ESTABLISH A SUBSTANCE ABUSE COUNSELING AND MONITORING PROGRAM FOR PROBATIONERS AT 249-257 BROADWAY - MENTAL HEALTH SYSTEMS, INC. - The applicant, Mental Health Systems, Inc. is requesting permission to establish a substance abuse counseling and monitoring program for probationers. The program, Probationers In Recovery (PIR), is a joint venture with the County of San Diego Probation Department. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 17499 GRANTING CONDITIONAL USE PERMIT PCC-94-40 TO ESTABLISH A SUBSTANCE ABUSE COUNSELING AND MONITORING PROGRAM FOR PROBATIONERS AT 249-257 BROADWAY ORAL COMMUNICATIONS This is an opportunity for the general public to address the CUy Council on any subject maUer within the Council's jurisdiction that is !1QJ. an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the CUy Council will consider items which have been forwarded to them for consideration by one of the CUy'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" fonn available in the lobby and submit it to the City Clerk prior to the meeting. Public comments are limited to jive minutes. 19. RESOLUTION 17500 APPROVING THE IDGH TECH/BIO TECH ZONE INCENTIVES IN CONCEPT; DIRECTING STAFF TO UNDERTAKE CERTAIN ACTIONS IMMEDIATELY TO IMPLEMENT THE ZONE INCENTIVES; AND DIRECTING STAFF TO PROCEED TO FINALIZE CERTAIN INCENTIVE PROGRAMS - In late 1992, Council directed staff to pursue the creation of a "Local Enterprise Zone." In October 1993, Council directed staff to expand on the previous referral by evaluating tbe feasibility of establishing a Biotechnology/Biomedical Zone with a master EIR. An informal Task Force was formed with representatives from the City, EastLake Development Company, the biotech industry, legal expertise, Southwestern College, UCSD Connect, and the City's Economic Development Commission. On 4/15/93, staff presented a progress report to Council which identified the EastLake Business Park, Phases I and II, as the proposed "incentive zone" for targeted high tech, biotech and biomed companies. Staff recommends approval of the resolution. (Director of Community Development and Director of Planning) Agenda -6- May 24, 1994 20.A. REPORT UPDATE OF SOLID WASTE ISSUES AND CONSIDERATION OF SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY (SDSWMA) JOINT POWERS AGREEMENT - On 8/27/93, the City joined the Interim Solid Waste Commission which was created in June 1993 for the purpose of determining an appropriate form of permanent governance for the County's solid waste system. Council representatives have participated in the work of the Commission. The end-product of that collaborative process is the Joint Powers Agreement for a new SDSWMA. On 5/10/94, Council deferred action on the proposals. Staff recommends the Agreement not be signed at this time, but the City remain a user of the system by negotiating a non-member agency contract. (Deputy City Manager Krempl) B. REPORT ALTERNATIVE TO SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY (SDSWMA) - TRANSFER STATION STRATEGY - On 12/16/93, the City issued a Request for Proposals (RFP) for Solid Waste Services as an alternative to the proposed Joint Powers Agreement (IP A) for a SDSWMA. On three separate occasions, Council has received information regarding the RFP process and the evaluation of alternatives brought forward in the proposals. On 5/10/94, Council deferred action on the proposals. Staff recommends Council direct staff to: Enter into negotiations with Sexton/Cbula Vista Sanitary Service to provide for the siting, design and permitting of a transfer station and return on 7/12/94 with a proposed contract; Close the current RFP process at this time; Return on 617/94 with a draft contract for negotiation consultant services; Return on 7/12/94 with a report and recommendation on Local Enforcement Agency (LEA) options and the ongoing viability of SDSWMA; and, Continue to pursue discussions with other cities. (Deputy City Manager Krempl) 21. RESOLUTION 17501 APPROVING A MASTER PARK PLAN FOR THE DEVELOPMENT OF OT A Y PARK, APPROVING A PHASING PLAN FOR THE INSTALLATION OF IMPROVEMENTS PURSUANT TO SAID MASTER PLAN, AND ADOPTING TIlE NEGATIVE DECLARATION PREPARED IN CONNECTION TIlEREWITH - During the Fiscal Year 1993/94 budget process, Council appropriated $137,800 to formulate a master plan and construction documents for the Otay Park Renovation project. Since then the department has initiated an in-house master planning process. It has been a collaborative planning process which included a series of meetings with Otay residents, administrative staff of the Chula Vista Elementary School District, the principal of Otay School, and the Metropolitan Area Advisory Committee. Staff recommends approval of the resolution. (Director of Parks and Recreation and Director of Planning) 22. RESOLUTION 17502 APPROVING THE 1994/95 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET AND AUTHORIZING SUBMITTAL OF THE CDBG APPLICATION, FINAL STATEMENT, AND CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - in Fiscal Year (FY) 1994/95, the City will receive $1,812,000 in CDBG entitlement funds and will have available $9,000 in unallocated funds from FY 1993/94, making a total of $1,821,000. Staff has thoroughly considered the recommendations of several advisory City Commissions and the comments made at the public hearing on 5/10/94. Staff recommends approval of the resolution. (Director of Community Development) Agenda -7- May 24, 1994 23. RESOLUTION 17503 ACCEPfING BID AND AWARDING CONTRACT FOR "THE CONSTRUCTION OF MAIN LIBRARY RE-ROOFlNG PROJECT IN THE CITY (LB-130)" - On 4/6/94, sealed bids were received for the construction of the main library re-roofing project. The flat roof for the main library, constructed in 1975, has reached its life expectancy and at present is experiencing frequent leakages which require extensive maintenance. The work to be done consists of removal of the existing roofing and insulation, construction of a new roofing system, and disposal of the existing built-up roof. Staff recommends approval of the resolution. (Director of Public Works) 24. RESOLUTION 17504 APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 1994/95 SPREAD OF ASSESSMENTS (ZONE E) FOR EASTLAKE MAINTENANCE DISTRICT NUMBER ONE, DECLARING THE INTENTION TO ESTABLISH ZONE E FOR THE MAINTENANCE OF TELEGRAPH CANYON CHANNEL, TO LEVY AND COLLECT ASSESSMENTS AND SET JULY 12 AND JULY 19, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS - On 6/1/93, Council considered establishing Zone E within EastLake Maintenance District Number One to provide for the maintenance of Telegraph Canyon channel. Council directed staff to analyze alternatives in response to concerns of assessing properties for new improvements. Staff has prepared five alternatives for Council's consideration. Staff recommends approval of the resolution. (Director of Public Works) 25. 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 26. CITY MANAGER'S REPORTISI a. Scheduling of meetings. 27. MAYOR'S REPORTISI a. Ratification of appointment to the Economic Development Commission: Glen Lewis (ex-officio). 28. COUNCIL COMMENTS Councilmember Horton a. Recommendation for Council appointment to the San Diego Technology Council. Continued from the meeting of 5/17/94. Agenda -8- May 24, 1994 CLOSED SESSION Unless the City AI/orney, the City Manager or the City Council states otherwise at this time, 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 protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in clased session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of JilJJll action taken, and a4joumment 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. 29. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Govenunent Code Section 54956.9 . Garcia vs. Grassel, et al. . Hummell vs. the City of Chula Vista . Chaparral Greens vs. the City of Chula Vista, County of San Diego, and Baldwin 30. PUBLIC EMPLOYEE APPOINTMENT: . Title: Director of Finance 31. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Goverrunent Code Section 54956.8 . Property: Potential acquisition of Bayscene Mobilehome Park, 110 Woodlawn Avenue, Chula Vista, California. Negotiating parties: Richard Hall/Hall Company, Community Development, and the City Attorney's office. Under negotiation: Purchase price and terms of payment. 32. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to a Budget Worksession/Meeting on Thursday, May 26, 1994 at 4:00 p.m. in the Council Conference Room, thence to a Budget Worksession/Meeting on Wednesday, June I, 1994 at 6:00 p.m. in the Council Conference Room, and thence to the Regular City Council Meeting on June 7, 1994 at 4:00 p.m. in the City Council Chambers. April 28, 1994 SUBJECT: The Honorable Mayor and city cou~1 John D. Goss, City Manager~ ~-- ., '- City Counc~l Meet~ng of May 24, 1994 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, May 24, 1994. Comments regarding the Written Communications are as follows: 5a. This a response to the City Council's request for a joint Governing Board/Council meeting to discuss the siting of a Transit Center. at Southwestern College. The Governing Board's recommendation includes the notion of having "dais participation" by three non-elected representatives in the deliberations at the proposed joint meeting with the Governing Board of the College. The Council may accept such a proposal if they are comfortable with non-member dais participation under the following proposal (Alternative A), or may propose the counter-offer to the Governing Board's recommendation following (Alternative B). The decision is solely a policy matter, but the city Attorney suggests that Alternative B would be more conducive to policy decision making: () Alternative A: Participation: Accept Non-elected Person's Dais 1. That Council accept the conditions for the meeting; 2. that the City Manager be directed as follows: a. communicate the acceptance of the conditions to the Governing Board and superintendent/President of the college; b. develop a framework with the concurrence of the Superintendent/President for selecting the three local community residents who would be "dais" participants in the deliberation, and have same approved by the Governing Board (if they so desire) and Council prior to the meeting; c. meet with the staff of Southwestern College purpose of selecting a time and place for the that will be mutually acceptable to the for the meeting "active participants", superintendent/President and City Council. d. notice the meetings in a manner required by law, and provide suitable special notice to local residents; e. have generating reports; preliminary meetings for the purpose of the appropriate data and Board/Council () Alternative B: Counter-offer to Reject Non-Elected Person's Dais Participation: 1. That Council counteroffer to the Governing Board that the two legislative bodies meet on the terms and conditions outlined in Mr. Conte's letter of April 20, 1994 except condition No. 2 be modified as follows: "2. Participants eligible to deliberate on the matter from the dais would be limited to members of the Chula vista City Council and their city Manager, and Members of the Governing Board, and the superintendent/president. All other interested parties, including local residents, transit users and students, would have the right to observe and provide input from the podium and in the manner allowed under the rules of the Governing Board for the conduct of meetings." 2. that the City Manager be directed as follows: a. communicate the counteroffer to the Governing Board and superintendent/President of the College; b. meet with the staff of Southwestern college for the purpose of selecting a time and place for the meeting that will be mutually acceptable to the permitted participants. c. notice the meetings in a manner required by law, and provide suitable special notice to local residents and other interested parties; d. have generating reports. preliminary meetings for the purpose of the appropriate data and Board/Council ",'/ ~~~~"V~k~ May 19, 1994 Fair Political Practices Commission 428 J street Sacramento, CA 95814 COmmissioners: It is requested that an investigation into possible conflict of interest violations on the part of Chula Vista Mayor Tim Nader, Vice Mayor Shirley Horton, and COuncilmember Robert Fox be conducted. To the best of my knowledge a complete record of the below listed individual .actions has never been assembled and presented together. I feel this chronology warrants a full and fair investigation. The citizens of Chula Vista deserve no less. 1. As stated _ fact in a Chula Vista Star News article, May 10, 1994 page A-5: The firm of Donaldson, Lutkin and Jenrette, an underwriting firm approached the city about refinancing outstanding bonds in November 1993. 2. As stated as fact in a San Diego Union-Tribune article May 5, 1994 on page B-2: city Manager John Goss told the council that generally, whatever firm approaches the city with an offer to seek refinancing would be hired. 3. According to Chula Vista City Council Agenda and Minutes on March 22, 1994 the City Council employed the firm of Gregsby Branford , Company as Bond underwriters for a bond issue of $18,000,000 earning a fee of 1.3% of the bond's value for a potential dollar amount of about $234,000. Nader, Fox and Horton voted in favor. 4. According to Chula Vista city council Agenda and Minutes on May 3, 1994 the city council, once again, voted to use the firm of Gregsby Branford , COmpany as underwriter for a second bond issue of $30,000,000 earning a fee of 1.0% of the bonds' value for a potential dollar amount of $300,000. Nader and Fox voted in favor of the item. Horton left the , dais, without stating a reason, _ the item was announced' and did not vote. 5. As stated as fact in a Chu1a Vista star News Article May 5, 1994 page A-l and San Diego union-Tribune Article May 5, page B-2: In neither of these c_es had a request for proposals to underwrite the bond sales been issued, in spite of the fact that the proposal had been brought to city , U?~~. ~) --;..,. --.-.- .---..--------..---... ..- ~-- staff's attention in November 1993 and the decision to possi!:lly issue ))onds made in early December 1"993. 6. As stated as fact in a Chula vista star News Article May p/ 5, 1994 page A-l and Union Tri!:lune News Article May 5, 1994 page B-2: Former Chula Vista Councilaem!:ler, David Malcolm, is Senior Vice President of Gregs!:ly Branford , company. 7. As stated as fact in Chula Vista star News and San Diego Union-Tri!:lune Articles !:Ietween January 15, and Fe!:Iruary 16, 1994: Malcolm was a strong supporter and raiser of funds for Mayor Nader's campaign for the assem!:lly this year, was named as finance chairman for Councit.ember Fox'S early campaign for Chula Vista Mayor this winter, and is a strong supporter and raiser of funds in Vice Mayor Borton's current campaign for Chula Vista Mayor. s. AI though as stated in the San Die~o Union interview, ci ty Manager John Goss is quoted as saying that it is the city's practice to hire whatever firm approaches the city with an offer to seek refinancing. This was not done in the a!:Iove cases as another firm, Donald.5on, Lufkin' Jenrette, first approached city ataff with a proposal .in Novem!:ler 1993. . '/' , . / 9. As stated as fact in Chula vista Star News Whispers Column on January 19, 1994 concerning the manner in which Councilmember Fox came to run for Mayor the following appears, "Only Be!:l FOX, David Malcolm, and Shirley Borton know how the deal was struck and what promises were made in last weeks disclosure that Fox will run for Mayor and that the other two not only won't run, but will support Fox." 10. As stated as fact in Chula Vista Star News Article Fe!:lruary 16, 1994 page A-l: When Fox withdrew from the race for mayor on Fe!:lruary 16 and Borton announced her candidacy, she stated she had the support of Fox and also Malcolm whom ahe said would pro!:la!:lly be her finance chairman. 11. In an Editorial in the Chula Viata star News May 11, 1994 the following appeared,. . ."But to give Malcolm'a firm such a lucrative contract without issuing a request for proposal (RFP) from competitive underwriters has at least en unsavory appearance. The oakland underwriting firm which employs Malcolm may very well !:Ie the best qualified to do " the work for Chula Vista. However, City COuncil, not staff, should have done so after thorough review at a pu!:llic ..eting with the role of Malcolm pu!:llicly acknowledged." Not one of the three persons with a possi!:lle conflict of interest has responded to any newspaper article or given any explanation to the citizens of Chula Vista concerning the events outlined a!:Iove. .- V~~ -:2- E.".':- E:~ ; Copies of all applicable newspaper articles are enclosed. Nothing in this request is meant to imply that the firm chosen is not fully qualified to act as bond underwriters. Bowever, it is felt that the possi))le direct financial !:lenefit to the Executive vice President, David Malcolm as a result of the votes of Nader, FOX, and Borton during a period when he has !:leen so actively involved in their polical campaigns may constitute a conflict of interest on their parts. In view of this appearance of possi))le improper performance as elected officials, it is requested that a complete investigation !:le conducted concerning these matters as soon as possi))le. Respectfully, Joseph D. eummings v~~/ '~3 0;--. State of the City Address . ~ ~ f.? ~ ,- - - - - - - - - - -- - - -- .-. .-. - - - - "'-' - CllY OF CHUIA VISTA Mayor Tim Nader May 24, 1994 t/ );; ~-I 1994 state of the City Address Tim Nader, Mayor of Chula Vista There is a story about two companions who were traveling in the wilderness when they saw a hungry bear coming their way. One of them quickly began putting on his running shoes. The other said, "Why are you doing that? You'll never be able to outrun that bear!" The first replied, "I don't have to outrun that bear - I just have to outrun you!" The bear had the shoeless one for dinner - and a short while later had the clever but defenseless one for dessert. One of the founders of our country, on signing the Declaration of Independence, said, "We must hang together, or we will all hang separately." His words still hold true today. Our individual God- given talents, when combined for the good of our whole community, state, country or planet, are unstoppable. When turned against each other in ego or greed, by divisions of one group against another, no other species can surpass the human race for self- destruction. As I approach my last months as your Mayor, I am gladdened by the sense of community that continues to make Chula Vista a good city to live in. The efforts of thousands of citizens working through churches, social organizations, and local government have made this a far better city for all of us than it would otherwise be. We are blessed with a police force as dedicated, hard-working and professional as any on earth, with a fire department that performs unknown acts of heroism every day, with a front-line city ,,1>-.2. workforce that has shown its desire to change for the better the way government serves the people. Most of all, we are blessed with concerned and caring citizens, without whom any government effort would be in vain. Unfortunately, we are swimming against the tide in a state that puts out a welcome mat for drug dealers and criminals, studies issues rather than solving them, and consistently gets failing grades when it comes to meeting the needs of our next generation. In last year's State of the City address, I closed by saying: The State of California has shown what can be done with business-as-usual, the way the Titanic showed what could be done with overconfidence. Here in Chula Vista, let us show what can be done with innovation in our government, dedication to our common goals, respect for our differences, moderation in our concern for ourselves, and passion in our concern for one another. Here in Chula Vista, we have continued accomplishing much since then. The new police officers provided for in last year's budget have been trained, hired and put on the street to provide a higher degree of protection against crime. A new street team has been implemented by the police department to provide more intensive law enforcement services to high-crime areas. New housing and job training have been provided for homeless families with children. A new Youth Action Program has been launched with after school activities for young people who in many cases might otherwise be on the streets. We look forward this year to the opening of a Teen Center through the work of South Bay Community Services which will not only provide a safe and wholesome place for teens to socialize, but will also teach business skills to young people operating the /(b - 3 3 center - business skills which are essential to the success of our capitalist system. We look forward this year to initiation of a new volunteer program in our police department in which trained citizens will help our police to patrol neighborhoods and prevent crime. The Chula Vista Cares program, inaugurated last year, has won numerous state and national awards for its life-saving services for shut-in seniors. Our adult literacy program continues to give the gift of reading to hundreds of citizens, enabling them not only to lead more satisfying lives, but to become more productive citizens. In Otay, the Golden Hands program is helping young people stay off the streets, and is providing, along with our new Police Activities League, after-school recreational and academic activities. Police officers, through the Police Activities League, are working with youth organizations throughout our city to give positive role models and worthwhile activities to youths in need of both. In all of these activities, citizens are joining with government to make Chula Vista a better place in the face of the ever greater challenges confronting all California communities. Government cannot single-handedly sustain and improve our quality of life, but we can and must work with the private sector, churches, and community organizations to create jobs, foster positive values and make neighborhoods, schools and homes as safe as possible. In the past, it was too cumbersome for jOb-creating projects, even if they had no impact on the environment, to work their way through the maze of government regulation. While we cannot control state regulatory requirements, we have reduced the Lib - i 4 time required to get many city permits, and have simplified and streamlined the process in such areas as design review and sign permits. Next month, we will consider proposals from citizen and business committees to further reduce red tape in city hall. I have insisted that we work with citizens who have first-hand experience, not just with politicians and bureaucrats, to develop a better regulatory process that will favor the creation and retention of meaningful jobs in Chula Vista, as much as the state will allow. Last year, I reported to you on the creation of the Border Environmental Commerce Zone, now known as the Border Environmental Commerce alliance, an initiative designed to foster local job creation in the environmental technologies industry a manufacturing sector projected to produce $250 billion in u.s. exports by the end of this decade. An environmental technology resource center has been established at Southwestern College here in Chula Vista to offer expertise in this area to the business community of our region, and Chula vista has been chosen by CALEPA as one of three cities to host and Environmental Cluster Incubator, to encourage start-up businesses in this fast-growing industry. This year the City Council has asked our local water districts to work with us to develop a policy that would assure employers could do business here without fearing abrupt curtailment of water supplies. The ball is now in the water districts' court - and the state's, which can facilitate job creation by allowing the regional water authority to consider past conservation by communities such fb-5 5 as ours when making allocation decisions during a drought. Such a policy would benefit the environment by rewarding water conservation, and would benefit the economy by making our region more attractive to business. In 1992 I announced a "New Partnership Council" representatives of business, labor, education and city government coming together to improve our economic future. That organization has since evolved into a Workforce Development Team. The Workforce Development Team has labored to inform city staff of job needs and skills in our community so we can target the development of employment opportunities; it is linking employers with training for new workers, and it has developed and implemented agreements with new employers in our ci ty to hire and train local workers. Officials from both the federal and state departments of education will be joining our Workforce Development Team this year to facilitate the successful transition from school to jobs for workers in our community. While it is important for cities throughout our region to work together it is equally important that we protect the environment and pocketbooks of our citizens. That is why we rejoice in the official death of the Twinports scheme in the last year, and why we are now laboring to form, either on our own, or with other jurisdictions in the much-ignored area south of Interstate 8, separate districts to serve our future sewage and trash disposal needs. Some San Diego politicians have continued to insist that sewer system ratepayers should pay for their mistakes. They are '1b-lp 6 asking us to sign and agreement as a condition of remaining in the their sewer district that would amount to a blank check on the funds of our ratepayers, resulting in a potential economic fiasco for everybody except the bureaucrats. They want you to pay for reclamation facilities you can't use, and potentially for treatment facilities you don't need, while refusing to commit to the reclamation facilities we do need to provide water to our region. senior citizens on social security, or small business people trying to make ends meet, should not have to pay for a decade of bungling in San Diego. I will be asking our city council, in two weeks, to formally withdraw from what we call the "Clean Wallet Program", and will invite National City, Imperial Beach, and interested portions of San Diego city and County to join us in a separate sewage district which our studies, and common sense, say can better serve our ratepayers. will Rogers once said that if two people agree all the time, one of them isn't thinking - which just goes to show that all five of your City councilmembers are thinking. Although we often have our differences of opinion, each of your councilmembers has been working in some fashion to make Chula vista a better place. Later tonight, I believe we will take a giant step forward on an economic development proj ect led by our Vice Mayor, Shirley Horton - development of a High Tech/Biotech Zone which will help bring some of the best jobs of the future to Chula vista. This project will offer guaranteed water supplies to eligible employers, a 6o-day maximum time for processing permits, oversight by a city Council '16 - T 7 subcommittee to cut red tape, discounted land, linkage through the Workforce Development Team with job training and placement services, and a start-up incubator for high tech and biotech firms. Vice Mayor Horton has also been instrumental in working with community youth organizations to provide new after-school activities for youth in areas of our city such as otay which were previously underserved. Councilman Bob Fox, recognizing that government cannot provide the spiritual foundation our young people need, has initiated a bold effort to network with churches in our community to reach at- risk youth. Last week, we adopted an innovative anti-graffiti proposal by Councilman Leonard Moore. Recognizing that graffiti is a $200,000 a year rathole for tax dollars, Councilman Moore proposed that funds we can save by reducing graffiti be earmarked for youth programs and services to be determined by young people in our community. In this way, we hope to educate our youth on the cost of graffiti while providing a positive incentive to help us reduce this plague. This year, Chula Vista was chosen as one of 13 cities in the world to participate in the Greenfleets program, a worldwide initiative to reduce air pollution. Our representative in this effort, Councilman Jerry Rindone, has traveled to Washington, D.C. and Copenhagen to meet with many of our planet's top experts with the aim of identifying major sources of greenhouse gas emissions in our region and developing strategies for emission reductions, '1.6 - i 8 particularly for cleaner transportation. Few efforts could be more important at a time when our region's air quality has been ravaged by the conventional automobile, with the result that children in southern California frequently grow up with impaired lung capacity. This year, I am proposing that we create a small business incubator, providing cheap or free space to new small businesses in a start-up facility to be financed through loan guarantees backed by section 108 CDBG funds, through a Community Reinvestment Act program, or through any other source that can be identified without putting the city's general fund at risk. Participating businesses would receive subsidized space and facilities to get started, and agree to repay the city or other investor with a share of future profits. Such a program, coupled with existing resources for small business, would hopefully help create jobs in this region while assisting entrepreneurs. Last year, I proposed a pay freeze on management which was passed by the City Council, and suggested a system should be developed to base future management pay raises on performance. To implement the latter suggestion, I am now proposing that at our next public goal-setting session with the City Manager, to be held sometime after adoption of our budget, we set criteria for future pay changes. I am also proposing that Chu1a vista pursue the establishment of a sister city relationship in Russia to complement those that we currently have with Argentina, Mexico and Japan. situated both on the Pacific Rim and on the fastest-growing border economy in the if/; - 9 9 world, this region is ideally situated to be a door of commerce between the new North American free trade zone, the growing Pacific rim economy, and the emerging new capitalist economies of the former Iron curtain. The city of San Diego has already successfully established a sister city relationship with Vladivostok which has opened business opportunities in markets which used to be inaccessible to both sides. Chula vista's pursuit of a similar relationship with a city of appropriate size in another region could bring numerous cultural, economic and social benefits. One of the most distressing phenomena of recent years has been the number of children being virtually abandoned to the streets. California receives failing grades from virtually every children's advocacy organization. No wonder - convicted felons have more rights, better facilities, and more protection from harm than children who are unfortunate enough to come from families who have abandoned them. Last year, I had the privilege of attending a class conducted by Sandy McBrayer, since named national Teacher of the Year, for children whose parents had been abandoned to the streets. It is probably difficult for most of us who grew up with caring parents or who care about children ourselves to imagine the abandonment and abuse that is suffered today by many children. Yet, a combination of lenient drug laws, a welfare system that is intended to provide for needy children but too often facilitates both drug abuse and child abuse, and a deterioration of spiritual and family values, has resulted in more children than ever belong i~-/~ 10 left to fend for themselves. I am proud of the efforts of many in our community, such as the YMCA, South Bay community Services, and the Police Activities League, to see to it that young people from all backgrounds have a chance to be treated as human beings and to learn to build a constructive, positive and law-abiding life. Yet, it is still painful to learn how many of the children served by Ms. McBrayer's program in San Diego come from right here in our own community. Tonight, I am proposing that we supplement our existing efforts with a new initiative to reach out to children who need a loving hand. I will ask that Council next month direct our staff to work with Councilman Fox and his church coalition, and with other non-profit organizations in the community, to provide training to community volunteers for the purpose of opening safe houses at any facility, church or secular, with space to offer - a safe house for young children who have no place else to turn. These safe houses will offer resources and love to children who have been abandoned and forgotten, who feel unsafe on the streets and unwelcome at home. I have faith that our community has the collective resources to make sure that no child needs to grow up unwanted and unloved. At the same time, I remain convinced that we must end the laissez-faire permissiveness that has allowed too many children in our society to be sacrificed on the altar of the false gods of guns, drugs and gangs. Graffiti not only denigrates the quality of life in our neighborhoods and wastes hundreds of thousands of dollars that could be better spent elsewhere - it is also often a "1..6 -1/ 11 warning sign that those engaged in tagging or gang graffiti have taken the first step on a path of self-destruction. Recently, after I proposed that graffiti vandals should suffer corporal punishment to deter this type of activity, a young woman told me that two of her friends had died in gang violence - and that a sterner message from society might prevent such violence. I agree. Recently, we asked our city attorney to study the legality of corporal punishment for graffiti vandals. I am asking that as soon as possible, an ordinance be presented to the City Council to provide for corporal punishment for repeat graffiti offenders in the city of Chula vista. Alternatively, if the state will not allow us to enact such a law, I will ask the City Council to adopt a resolution asking the state to change the law - and I will ask other cities throughout California to adopt the same resolution. continued tolerance of vandalism only puts our youth at further risk - we must change our approach. When I was sworn in as your Mayor three years ago, I quoted the late Robert Kennedy, who said that anytime anyone did something on behalf of their fellow human being, that person might be no more than a ripple in the ocean - but that "coming together from a million different centers of energy and daring, these ripples form a mighty current that will sweep aside the strongest walls". Tonight, as I begin approaching the end of my term as your Mayor, I remain convinced that Chula vista is blessed with many citizens who love one another as much as themselves - who, coming together, can sweep aside walls of business as usual to build a better future Lj}; - /.J.. 12 for the next generation in our community. In the coming months, I rededicate myself to that effort, and ask my colleagues on the City Council and my fellow citizens who I am privileged to serve, to join me in prayer and in action, each of us contributing our own GOd-given talents to a vision we share - a vision of safety and opportunity for all. Thank you, and God bless you. '1.6 ~ B ~~~ :- ~~ ~ ~~~~ ......- -~ Sb- CITY OF CHULA VISTA PERSONNEL DEPARTMENT RISK MANAGEMENT DIVISION May 24, 1994 Mr. Tom Adler, Esq. Adler & Marrinan 2445 Fifth Avenue, suite 200 San Diego, CA 92101 Re: Claim for Damages - Gina Chammas Dear Mr. Adler: This letter is in response to the verified claim of Gina Chammas received on April 11, 1994. 1. The verified claim presented on April 11, 1994 to the City of Chula vista is being returned to you herewith, without action being taken by the City Council. The claim is being returned because it was not presented within one year of the accrual of the cause of action. This would apply to those dates of incidents enumerated in the claim as follows: Any alleged wrongful conduct prior to April 11, 1993. To determine whether you have any further remedy or whether further procedures are open to you, you may wish to consult an attorney of your choice. If you desire to consult an attorney, you should do so immediately. See Government Code Section 911. 6 2. The verified claim which was presented to the City of Chula vista on April 11, 1994 is being returned to you because it was not presented within six months after the event or occurrence as required by law. This would apply to the following dates as stated in the Verified Claim as follows: Any alleged wrongful conduct after April 11, 1993 to October 11, 1993. Because the claim was not presented within the time allowed by law, no action was taken on the claim. Your only recourse at this time is to apply without delav to the City of Chula vista for leave to present a late claim pursuant to Government Code Sections 911.4 to 912.2, inclusive and Section 946.6. Under 5b -/ 276 FOURTH AVENUE I CHULA VISTA, CALIFORNIA 91910 I (619) 691-5096 Tom Adler, Esq. May 24, 1994 Page 2 some circumstances, leave to present a late claim will be granted. See Government Code Section 911.6. You may seek the advice of an attorney of your choice in connection with the matter. If you desire to consult an attorney, you should do so immediately. 3. Notice is also given that the claim presented to the city of Chula vista on April 11, 1994 was rejected on May 24, 1994. This rejection applies to the following dates of incident or occurrence as stated in the claim: Any alleged wrongful conduct after October 11, 1993, including the claim of wrongful termination on February 15, 1994. The following warning applies to claims in Category 3 which are timely but are being rejected. The Warning does not apply time-barred claims returned in Category 1, or to claims subject to a late claims filing procedure contained in category No.2. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice is deposited in the mail to file a court action in a Municipal or Superior Court in the State of California relating to this claim. Government Code Section 945.6. Also, be advised that pursuant to Code of civil Procedure sections 128.5 and 1038, a person who files a court action against a city without reasonable cause and in bad faith can be required to pay all of the costs incurred by the city in defending against the claim. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. If you or your attorney have any questions concerning this letter, please do not hesitate to contact our office. very truly yours, Jana S. Seegrist Risk Analyst Enc. S.b-.2 CITY OF CHULA VISTA . . . . COUNCIL AGENDA STATEMENT Item , ITEM TITLE: Keeting Date 5/17/94 ,iff.}., ~~ Ordinance Amending Section 17.10.100 to pe . . payment of required fees 60 days after p recordation and amending Section rB.16. . to clarify language allowing bonds to b ovided after map approved Deputy City Manage~remp~U . City Manager~'cJ~ (4/Sths Yes_ No--X-l SUBMITTED BY: REVIEWED BY: BACKGROUND On May 3, 1994, the City Council passed an ordinance amendment allowing for the payment of Park Acquisition and Development Fees (PAD) within 60 days of approval of a final subdivision map or parcel map. The amendment was for the Telegraph Canyon Estates Final Map (Baldwin). This ordinance proposes a further modification to allow PAD and other fees to be paid within 60 days of a final subdivision map recordation if appropriate security is provided. This ordinance amendment is an interim solution to assist the development industry during tight economic times to be able to develop new housing for the community. RECOMKENDATION: Place the ordinance on first reading. BOARD/COMKISSION RECOKKENDATION: The broader issue of whether PAD fees should be paid at time of map, at time of building permit or at time of occupancy will tentatively be discussed with the Parks and recreation Committee on May 19, 1994 and returned to Council some time in June. DISCUSSION: Most fees are paid at the time of issuance of building permits, but the PAD fee and some drainage and sanitation district connection fees are paid at the final map stage. Deferral of payment of these fees up to a maximum of 60 days after map recordation will not significantly impact funding for or provision of required facilities for the development. However, it will assist developers in getting funding released from lenders to be able to leverage additional construction or to pay ongoing City obligations and fees. On May 3, 1994, the developer wanted to amend the then ordinance amendment to allow for payment 60 days after map approval by Council to allow payment all the way up to the occupancy of a unit. Staff was not comfortable dealing with that issue on such short notice without input from Parks and Recreation, Building, Planning ~-/ . . . and public Works as well as relevant Boards and Commissions. The issue entails significant policy, administrative and economic considerations which warrant significant analysis. The most immediate consideration involving park fees is, as stated earlier, being docketed for Parks and Recreation Commission consideration later this month and Council in mid June. The ordinance calls for security to be posted in the form of a letter of credit or bond, interest to be charged and a stop on final inspection of units already permitted and no new units to be permitted if the fees have not been paid within the prescribed 61 days. FISCAL IMPACT: Minor for the short period of time involved, and interest will be charged as well. B:\ IAGENDAI\APPROVAL. MAP t-,;.. - neighborhood and community parks shall be kept in separate funds. However, the City shall have the ability to shift fee amounts between the neighborhood and community park funds when necessary. B. Planned developments shall be eligible to receive a credit as determined by the City Council, against the amount of land required to be dedicated, or the amount of the fee impose, for the value of private open space within the development which is usable for active recreational uses. Such credit, if given, shall be determined on a case by case basis. COrd. . ~1. 1994; Ord. 2243 ~1 (part), 1987; Ord. 1668 ~1 (part), 1976)." Section 2. Section 18.16.100 ("Improvement agreement--To be filed with security instruments--Exception. ") is hereby amended to read as follows (MARKED FOR CHANGES FROM CURRENT TEXT): "18.16.100 Improvement agreement-- To be filed with security instruments--Exception. " The subdivision improvement agreement, as set forth in Sections 18.16.190 through 18.16.280 of this chapter, shall be fully executed and submitted for the approval of the city attorney at least eight days prior to city council consideration of the final map. The security instruments, as required herein, should be filed concurrently with the subdivision improvement agreement; provided however, such security instruments may be filed with the city clerk not later than sixty days from the date of approval and acceptance of the final map but the final map shall not be recorded or released to the map apolicant for recordation until all security instruments have been prooerly filed. Failure to comply with this provision. and specifically failure to orovide the l"eQJ.Iired security instruments within 60 days of map approval. shall-wiH automatically void council approval of the final map and the final map must be resubmitted to the eCouncil fur reall'proval orior to recordation or release.. In no event shall said map be recorded prior to the submission of necessary security instruments. COrd. . &2. 1994) Ord. 2100 ~l (part), 1985; Ord. 1369 ~2 (part), 1971; prior code ~28.303). Presented by: Approved as to form by: Bruce M. Boogaard City Attorney John Lippitt Public Works Director f: \shared\attorney\subdivfe. wp May 18, 1994 Permitting Fees to be Paid 60 days after map approval Page 2 G.' Y \).Mt'" Ltl ~""- :pro AGREEMENT REGARDING PARK ACQUISITION AND DEVELOPMENT FEES ; This Agreement is entered into as of May 24, 1994 by and between BALDWIN BUILDERS, a California corporation ("Baldwin") and the city of Chula vista ("City") with reference to the following facts: RECITALS A. Baldwin is the owner of that certain real property located in that portion of the city commonly known as Telegraph Canyon Estates, Chula Vista Tract 93-03 ("TCE") and that portion of said TCE recorded as the fourth final map, recorded in the County Recorder's Office as Map No. 13104 on May 12, 1994 at 3:59 P.M. as Document No. 94-0316516 ("Property"). B. By Chula Vista Ordinance No. 2592A, the City council amended the time provisions of the Municipal Code which specified the time at which subdivision-related fees, and in particular, park acquisition and development fees ("PAD Fees") needed to be paid to allow map approval and specified that same may be paid, with the proper security and by agreement, 60 days after map approval. C. The Pad Fees required to be paid in association with the final map for the Property (Tel9graph Canyon Estates Neighborhood 1, Unit 2) total One Hundred Seventy Thousand six Hundred and Seventy-Five Dollars ($170,625) if paid on the date of map approval. D. Pursuant to the policy decision inherent in Ordinance No. 2592A, the city and Baldwin desire to enter into such an agreement to be secured by sufficient surety to insure the PAD Fees are paid to the City in the time frame stipulated by Ordinance 2592-A. E. Baldwin had forwarded payment of $170,625 for PAD Fees, but in reliance on this agreement and the promise herein to make payments at the times herein specified, Baldwin desires that the previously reference $170,625 payment should be credited to Baldwin's other obligations to the city for litigation and Otay Ranch planning and processing costs, and not as payment for required PAD Fees. NOW, THEREFORE, the parties hereto agree as follows; 1. Pavment. On or before July 5, 1994, Baldwin agrees to pay PAD Fees in the amount of OnaHundred Seventy Thousand six Hundred Seventy-Five Dollars ($170,625) plus interest accrued thereon, from May 3, 1994 to said July 11, 1994 at the city's average 1 f,--S quarterly interest earnings rate on its investments as same may be calculated in the sole discretion of the city Manager; and if not paid on July 5, 1994 with accrued interest, both the principal and accrued interest thereon shall thereafter accrue interest at the city's average quarterly interest earnings rate on its investment as same may be calculated in the sole discretion of the City Manager, plus two additional percentage points, all of which shall be prorated to the date of payment, and compounded monthly. The recital of a higher rate of interest shall not constitute a right or entitlement to pay the principal or interest after July 5, 1994. This obligation shall be due on or before July 5, 1994. 2. Release of Mao. city agrees to use of its facilities to fully execute and release said map to Baldwin's title company for recordation as quickly as is reasonably possible after the date that this agreement is approved and executed by all required parties. 3. Substi tution of Credi t. Baldwin's previously forwarded payment of $170,625, paid for PAD Fees on this fourth final map is to be, in reliance on this agreement and the promise herein to make payments at the times herein specified, recredited not to PAD Fees, but instead to Baldwin's other obligations to the City such as for litigation expenses and planning and processing costs for the otay Ranch project. Baldwin agrees to waive any claim that payment for PAD Fees has occured. 4. Securitv. The performance of Baldwin's obligation under this agreement is to be secured, only in part, by a performance bond substantially in the form as set forth in Exhibit A, which shall provide, as to Surety only, that the two additional interest percentage points of interest shall not apply to Surety's obligation as long as Surety makes payments in accordance with the performance bond. However, if payment is not received on the date herein specified either from Baldwin or Baldwin surety as shown on Exhibit A, without loss of any rights or remedies city may have to pursue litigation under this agreement or on the security instrument herewith provided, as a further and additional remedy, City shall be entitled to, and is hereby authorized by Baldwin without recourse against city, and for which Baldwin, and only Baldwin, shall indemnify the city from any adverse loss cost, judgment, order or claim, to suspend the processing of applications for entitlements on any and all other and further portions of Telegraph canyon Estates. 5. Warrantv of No-Defenses. Baldwin warrants and represents that at this time they have no defense to the claim that the PAD Fees are due and payable on July 5, 1994, and further promise that they will assert n~ claim, contention or defense in any 2 I.,-Ir 6. litigation that the PAD Fees are not due on July 5, 1994 as provided in this agreement, or further assert any facts relating to such claim, contention or defense which are now known to them, or through the exercise of reasonable diligence, might have been known to them prior to the execution of this agreement. Amendment. No modification, variation or amendment of this Agreement shall be effective without the written consent of all the parties to this Agreement at the time of such modification, variation or amendment, but notice must be provided to the surety on the Performance Bond securing this Agreement, and consent must be obtained from surety in advance to such amendment, consent not to be unreasonably withheld. Baldwin agrees to pay reasonable additional premiums proportionate to the add~tional risk created by the amendment. . 7. Assianabilitv. party hereto. 8. Expenses of Litiaation. Includina Attornevs' Fees. In the event that any litigation concerning any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach hereof, or the interpretation hereof, except litigation by Baldwin by complaint or cross complaint against the City involving the right of the City to suspend the processing of entitlements for failure to make required payments (as hereinabove provided, a risk of loss which Baldwin fully assumes), the prevailing party shall be entitled to recover from the non-prevailing party all expenses, including attorneys' fees and costs incurred in connection therewith or in the enforcement or collection of any judgment or award rendered therein. This Agreement may not be assigned by any 9. ~indina Effects. This Agreement shall be binding upon and 1nure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 10. Effectiveness. This Agreement shall only become effective upon the execution hereof by all of the parties hereto and the execution by one party prior to the execution of this Agreement by all of the other parties shall be of no force and effect and shall in no way prejudice the party so executing the Agreement. 11. Entire Aareement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understanding, oral or written, between the parties hereto with respect to the subject matter hereof and the transaction contemplated hereby. 3 tp-7 12. Notices. All notices, requests, demands or other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered by personal messenger or be sent by certified First Class mail, postage prepaid, deposited in the united states mail and properly addressed to the respective parties at the address set forth below or to such other address as such party may have notified the other parties at any time. Any such notice shall be deemed to have been received if sent by mail, upon the expiration of three (3) days after such notice is deposited in the united states mail. 13. Counteroarts. This Agreement may be executed in counterparts, all of which, when taken together, shall constitute a fully executed original. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first hereinabove set forth. CITY: DEVELOPER: BY: city of Chula vista BALDWIN BUILDERS, a California corporation By: Name: Title: Tim Nader, Mayor Attest: Beverly Authelet, city Clerk Approved as to form by: Bruce M. Boogaard City Attorney M:\h...\att.r..y\baldwin "\ 4 IR-f AGREEMENT SECURITY FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Chula Vista ("City"), and Baldwin Builders, a California corporation hereunder desianated as ("Principal"), have entered into that certain Agreement Regardina the payment of park acquisition and development fees (liP AD .Fees") dated May 24, 1994 ("Agreement"), and WHEREAS Principal is required under the tenns of the Agreement to furnish security for the faithful performance of its obligations under the Agreement. NOW, TIlERE.FORE, WE, the Principal and the American Insurance Company as surety, are held and firmly bound unto the City in the penal sum of One Hundred Seventy-Two Thousand Nine Hundred Forty-Seven Dollars ($172,947) lawful money of the United States, for payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executori and administrcltors, jointly and severally, fIrmly by these presents. , IOC\. The condition of this obligat~ is such that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall perform its obligations to the City in accordance with said agreement; then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event Principal fails to perform its obligation to the City per the Agreement, City shall provide to Surety a written request for such payment. Surety shall within ten (10) days followina receipt of said request, pay the requested amount, includina inEerest due, to the City provided said amount has not already been paid to City by Principal. At such time as the combined payments of Principal and Surety to City meets Principal's obligations, Surety shall have 110 further liability to City. IN WIlNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on May -' 1994. : Baldwin Builders, a California Corporation By: By: TIlE AMERICAN INSURANCE COMPANY By: Victoria M. Campbell, Attorney-in-Fact /, -9 . . -- . INFORMATION PACKET SCANNED AT FIRST READING OF THIS ORDINANCE ON: S/..3 5//0 (!oAJ7;/ ~ 51/'7 "/ R-~ #", .~ PAYMENT OF REQUIRED FEES 60 DAYS AFfER MAP W APPROVAL, AND AMENDING SECTION 18.16.100 TO ~~ CLARIFY LANGUAGE ALLOWING BONDS TO BE .. PROVIDED AFfER MAP APPROVAL. .1/ THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES H~Y ORDAIN AS FOLLOWS: ORDINANCE NO. 2592 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 17.10.100 TO PERMIT Section 1. Section 17.10.100 ("Collection and distribution of fees") of the Municipal Code is hereby amended to read as follows (NOT MARKED DUE TO QUANTITY OF CHANGES): "Section 17.10.100 Collection and Distribution of fees. A. Prior to the recordation by the City of a final subdivision map or recordation by the City of a parcel map or release of either a final subdivision map or parcel map to a developer for recordation, any required fees shall have been paid to the city unless an agreement has been entered into between the City, approved by the City Council, and the map applicant providing for the subsequent payment of the fee but in no event later than 60 days after map approval. Said agreement shall provide that such payment shall be, to the satisfaction of the City Manager and City Attorney, adequately secured by sufficient surety or letter of credit, and which shall further provide for interest from date of final map approval at City's average earnings rates, computed and compounded quarterly, experienced by the City on its average investments (as determined by the City) ("Base Interest Rate") for the first 60 days after map approval. and thereafter at the Base Interest Rate plus two percentag:e points until paid. together with any attorney fees and costs incurred in enforcinl: said al:reement. Notwithstanding any other provision of law, City may withhold final or interim inspection of units for which building permits may have been issued and may withhold issuance of additional building permits, certificates of occupancy if applicable, or any other processing of entitlements on any property or improvements included within the territory of the map so approved or otherwise owned by applicant, until the required fees are received by the City. Any land to be contributed for the purposes outlined in this chapter shall be dedicated to the city and shown on the final subdivision or parcel map at the time of approval. The Director of Finance shall be responsible for the collection and distribution of fees as set forth in this chapter. Fees collected for f: \shared\attorney\subdivfe. wp May 18, 1994 Permitting Fees to be Paid 60 days after map approval Page 1 &.--/ COUNCIL AGENDA STATEMENT Item ? Meetinq Date 5/24/94 ITEM TITLE: Resolution Appropriating Funds for Litigation Expenditures Assistant City Attorney Fritsch Bruce M. Boogaard, City Attorney SUBMITTED BY: REVIEWED BY: 4/5ths Vote: Yes~NO___ Historically, the city has not budgeted for outside legal professional services in the normal annual budget cycle. Instead, the City appropriates funds as the need arises on a case by case basis. The Council has done so on the cases that appear in the table below. We have or shortly will exhaust our appropriation authority in the following cases, and recommend appropriation of the following amounts in order to be able to continue to effectively represent the city's interest. PREVIOUSLY CASE APPROPRIATED SPENT REMAIN NEEDED Christooher $ 20,000 $ 19,872.09 $ 127.91 $70,000 Hummell 20,000 11,893.18 8,106.82 70,000 Igou 45,000 43,289.55 1,710.45 6,500 Aptech 160,000 153,814.10 6,185.90 70,000 RECOMMENDATION: Adopt the attached resolution which will appropriate $216,500 from General Fund Reserves to the Professional services Account (100-0150-5202) budget. BOARDS/COMMISSIONS RECOMMENDATION: N/A FISCAL IMPACT: Appropriate $216,500 from the unappropriated balance of the General Fund to Account 100-0150-5202. (C:\Al13\Lit) ?-/ RESOLUTION NO. /7"1'~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR LITIGATION EXPENDITURES WHEREAS, the City has not budgeted for outside legal professional ,services in the normal annual budget cycle; and WHEREAS, the city appropriates funds as the need arises on a case by case basis; and WHEREAS, our appropriation authority in the following cases has been exhausted: PREVIOUSLY CASE APPROPRIATED SPENT REMAIN NEEDED Christopher $ 20,000 $ 19,872.09 $ 127.91 $70,000 Hummell 20,000 11,893.18 8,106.82 70,000 Iaou 45,000 43,289.55 1,710.45 6,500 Aptech 160,000 153,814.10 6,185.90 70,000 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby appropriate $216,500 from the unappropriated balance of the General Fund into the City Attorney's Professional Services Account 100-0150-5202 for litigation expenses in connection with the above-referenced lawsuits. andX" B uce M. Boogaar City Attorney (C:IResILit) :7 .. ..2. ( rp ITEM TITLE: SUBMITTED BY: REVffiWED BY: BACKGROUND: COUNCIL AGENDA STATEMENT Item ~ Meeting Date 5/24/94 /7'19.:1 COUNCIL RESOLUTION 1) APPROVING THE TEMPORARY CLOSURE OF THIRD AVENUE TO VEHICULAR TRAFFIC BETWEEN E STREET AND DAVIDSON AVENUE ON THURSDAY AFTERNOONS BETWEEN 2:00 P.M. AND 8:00 P.M. FOR A 60 DAY PERIOD COMMENCING ON JUNE 2 FOR A FARMERS' MARKET SPECIAL EVENT, AND 2) WAIVING BUSINESS LICENSE FEE FOR THE VENDORS PARTICIPATING IN THE SPECIAL EVENT AND 3) WAIVING INITIAL STUDY DEPOSIT (FEE) FOR LONG-TERM FORMAL STREET CLOSURE COMMUNITY DEVEWPMENT DIREcroR (. S . [;A CITY MANAGER/EXECUTIVE DIRECTOR..J1 b-I-O ./7 (4/5ths Vote: Yes _ No-X.J Council Referral Number: NA The Downtown Business Association (DBA) proposes to establish a weekly certified Farmers' Market in the Town Centre I Project area as a special event and requests the closure of Third Avenue between E Street and Davidson Avenue to accommodate the market. In addition, the DBA requests that the City waive the business license fee for the vendors participating in the Market. The City's Traffic Engineer, Risk Manager, Police Department Special Events Coordinator, Fire Department, Transit Coordinator, Community Development Department, Planning Department, and City Attorney's Office reviewed the proposed temporary street closure. The following report discusses the issues that were raised and resolved during the staff meetings and discussions. RECOMMENDATION: That the City Council adopt a resolution approving: 1) the temporary closure of Third Avenue to vehicular traffic between E Street and Davidson Avenue on Thursday afternoons between 2:00 p.m. and 8:00 p.m. for a 60 day period commencing on June 2, 1994 for a Farmers' Market subject to conditions; 2) waiving business license fee for vendors participating in the special event; and, 3) waiving Initial Study deposit (fee) for long-term formal street closure. ~"I "I (;.10 Page 2, Item Meeting Date 5/24/94 r BOARDS/COMMISSIONS RECOMMENDATION: During the 60 day term of the proposed demonstration project, the staff and the DBA will provide a presentation of the formal street closure and Farmers' Market proposal to the Town Centre Project Area Committee and Safety Commission for their review and recommendation. DISCUSSION: The DBA is proposing to establish a certified Farmers' Market special event in Town Centre I. The Market is proposed to be conducted every Thursday between 3:30 p.m. and 7:00 p.m. and is planned to be located within the Third Avenue street right-of-way between E Street and Davidson Avenue. Approximately 25 produce vendors will participate in the first market scheduled for June 2. A full description of the DBA's proposal is attached as Exhibit A. [The original proposal has been modified to consist of a full width street closure (north and south bound lanes of Third Avenue) rather than closure of just the northbound lane. This change was made because the single lane closure had the potential to create significant pedestrian safety issues. The specific location for the Market was selected for several reasons. The northeast section of the Town Centre I Project Area does not have as high an activity level as other commercial sections of the Downtown. The market will provide an opportunity to introduce the public to this portion of the Downtown area. This segment of Third Avenue also is highly visible from E Street which will provide a high level of Market exposure to local and through traffic carried on E Street. Additionally, mid-block public parking lots are available and easily accessible to customers near the proposed market location. To accomplish the open market as planned, the DBA has requested that Third Avenue be closed to vehicular traffic between E Street and Davidson Avenue between 2:00 p.m. and 8:00 p.m. on Thursdays and that the business license fee be waived for participating vendors. The California Vehicle Code section 21101(e) allows a local authority to temporarily close a portion of any street for local special events. This may be accomplished by resolution or ordinance. After reviewing the proposal and potential impacts, staff is recommending approval of the temporary street closure by resolution. Staff also is recommending that the City Council approve the proposed street closure for a 60 day period which would be considered a special event demonstration project. The demonstration project is a class 23 CEQA exemption. During the demonstration project, the Traffic Engineer will monitor the shift in traffic patterns. This information will be the traffic data base that will be used to prepare the Initial Study necessary for the formal, long-term project that will be presented to the City Council following the completion of the demonstration project. The Initial Study application includes a $1000 deposit which covers staff processing and administrative costs. The DBA as a non-profit organization has requested that this fee be waived. 8"~ Page 3, Item Meeting Date 5/24/94 ~ In addition, the demonstration project will provide an opportunity to evaluate other issues such as parking and signage and will allow the Town Centre Project Area Committee and the Safety Commission an opportunity to provide comments to the City Council based on a working model. The following discussion addresses the issues pertinent to the temporary street closure for the special event. Public and Local Notice of Street Closure . Merchants, local residents, and local street traffic will be affected by the street closure and detour. In an effort to provide adequate notification to all the affected parties the following outreach has been undertaken. The DBA began the process by holding a public forum at Pa Pa Dave's Coffee House located at the northeast corner of Third and Davidson Avenues on March 30. All merchants located along Third Avenue between E Street and Davidson Avenue were notified by personal visit from the Town Manager and they were given notice by flyers (see Exhibit B) on March 22 and again on March 28. Approximately 25 merchants attended the forum. The DBA reported that attendees voted their support for the market. In addition, the DBA devoted a full page of the DBA's April newsletter to the Farmers' Market (see Exhibit C). The newsletter has a distribution of 400 which includes all 350 DBA members. Since the proposal was modified to include both the north and south lanes, the DBA has expanded their personal contact to include all property owners adjacent to the proposed street closure to discuss the closure and market operation. City staff mailed notices of the City Council May 24 public meeting to all 350 DBA members and to all property owners within 500 feet of the proposed street closure and affected area. In addition, if the Council approves the closure, a series of notices will be published in the local newspaper and the transit coordinator will post a sign at the affected bus stop and in the affected buses. Traffic Control Plan The City's Traffic Engineer has prepared a traffic control detour plan to direct traffic around the proposed closed portion of Third Avenue. If the closure is approved, a series of traffic control signs will be placed on Third Avenue before and during the Farmers' Market special event (see attached plan - Exhibit D). Traffic Engineering will mark-out the locations for all the required traffic control signs. The DBA will be responsible for supplying, setting-up, and removing all traffic control signs, cones and barricades at the market. Traffic Engineering will assist the DBA on the initial closure to develop a correct procedure. Detour signs will direct north and southbound traffic to 4th Avenue via E Street and F Street. Neither of these circulation element streets are experiencing level of service problems as reported in the 1993 traffic monitoring report. There appears to be sufficient capacity on these streets to accommodate the diverted traffic. The temporary closure should not impact any traffic threshold standards. However, it is expected that some traffic congestion may result at the F Street /Third Avenue intersection. In anticipation of this occurrence, special traffic operating procedures (Le. dual left turn lanes) will be implemented to minimize the congestion. 8'~:1 Page 4, Item L Meeting Date 5/24/94 During the recommended demonstration period, the Traffic Engineer will be monitoring the traffic circulation. All traffic issues revealed during that time period will be forwarded to the Safety Commission for comments and recommendation to the City Council with the formal long- term Farmer's Market proposal following the completion of the demonstration project. Parking One of the reasons the proposed location was selected was because public parking is within proximity of the proposed Farmers' Market and it will be easily accessible to the Market and Downtown shoppers (see Exhibit E). There are three public parking lots containing over 90 spaces located north and south of Davidson Avenue behind businesses on the east side of Third Avenue (Church Avenue) and two public parking lots containing almost 200 spaces located north and south of Davidson Avenue behind the businesses on the west side of Third Avenue (on Landis Avenue). These parking lots are currently used at a 50% to 60 % occupancy (1993 data). They are easily accessible from F and E Streets via Landis and Church Avenues and via Davidson Avenue and are located along the Third Avenue detour route. Towing Tow Away Zone signs must be posted in accordance with the vehicle code before the street closure occurs. It was agreed that the DBA will be responsible for placing Tow Away signs 24 hours before the street closure to allow ample warning that cars will be towed by 2:00 p.m. on Thursdays. The DBA has been previously responsible for tow away notices when street closures have been allowed for street festivals. Market Promotion The DBA plans to promote the Market in several ways. A direct mailing will be made to 78,000 Chula Vista area homes and advertising will be through local publications. The DBA will promote the Market on the Third Avenue Banner located above Third Avenue north of F Street and they plan to purchase professionally, wood crafted signs which will be placed around the vendors at the Market to identify the activity. The signs will be made by a local wood crafter and will be 4' x 5' painted signs in the shape of a cow and will state, "Certified Farmers' Market Today. " Staff feels that the issues raised can be satisfactorily resolved. In addition to the traffic and parking issues, the City staff will observe and monitor the set-up and operation of the market during the demonstration project to determine if any modifications or additional recommendations to the traffic control plans will be necessary for safe operation. FISCAL IMPACT: The DBA will assume all costs for traffic the signs, and provide the labor for posting signs, and coordination for the Farmers' Market. The City is providing public noticing and processing, and guidance related to vehicle traffic control. Revenue from the parking meters located along ~,.~ Page 5, Item Meeting Date 5/24/94 <r the portion of Third Avenue proposed for closure will be lost, however, those revenues will most likely be transferred to the public parking lots located in the back of the Third Avenue businesses and will most likely be increased substantially from the added use of the now underutilized lots due to the Market. The Market will be able to accommodate up to 36 produce vendors. Annual business license fees for vendors is $50. If the City waives the business license fees for those vendors participating in the Market, a maximum of $1800 in revenue will not be remitted. However, it is anticipated that the Market will stimulate a significant increase in sales within the Downtown which should in turn result in a net increase in area sales tax to the City. It is expected that this increase will off-set any loss in business license revenue. There will be some administrative costs relative to the enforcement of traffic and safety services which will include staff time. If the Initial Study deposit is waived, the approximately $1000 staff processing and administrative costs for the preparation of the Initial Study will be absorbed by the Community Development Department's staff services budget. The DBA is a non-profit organization which qualifies for the waiver of fees if the City Council deems it appropriate. c:farmer.113 a-->/i-h RESOLUTION /? tj'l.J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TEMPORARY CLOSURE OF THIRD AVENUE TO VEHICULAR TRAFFIC BETWEEN E STREET AND DAVIDSON AVENUE ON THURSDAYS BETWEEN 2:00 P.M. AND 8:00 P.M. FOR A FARMERS' MARKET SPECIAL EVENT, WAIVING BUSINESS LICENSE FEE FOR THE DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE SPECIAL EVENT , WAIVING INITIAL STUDY DEPOSIT (FEE) FOR LONG-TERM FORMAL STREET CLOSURE WHEREAS, the City Council of the City of Chula Vista established a Business Improvement Area on November 16, 1971 which created the Downtown Business Association; and, WHEREAS, the Downtown Business Association has requested to close Third Avenue from "E" to Davidson Avenue on Thursdays between 2:00 P.M. and 8:00 P.M. for a 60 day period commencing on June 2, 1994 in order to conduct a certified Farmers' Market special event; and, WHEREAS, the Downtown Business Association has requested a waiver of the Business License Fee for the vendors taking part in the Farmers' Market special event; WHEREAS, the Downtown Business Association has requested a waiver of Initial Study deposit (fee) for the long-term formal street closure review and is a non-profit organization and which qualifies for the waiver of fees; and, WHEREAS, the proposed Farmers' Market special event will further the Redevelopment effort within the Town Centre I Project Area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA as follows: That Third Avenue shall be closed to vehicular traffic between E Street and Davidson Avenue on Thursday afternoons between 2:00 P.M. and 8:00 P.M. for a 60 day period commencing on June 2, 1994 for a Farmers' Market special event as a 60-day demonstration project subject to attached conditions. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the waiver of the City's Business License Fee for the vendors participating in the Farmers' Market and waives the Initial Study deposit (fee) for long-term formal street closure review. PRESENTED BY: o ED A~O Bruce M. Boogaard City Attorney ~. $. 0 lJY.-' ,,",- Ch" -~ ..--.- ns omone Community Development Director [c:\WPWIN\Buchan\Resos\FARMERS] 8'-7 Conditions of Approval 1. The temporary street closure shall be for a 60 day period and will function as a special event demonstration project. 2. The DBA shall set-up and remove all signs, barricades, temporary traffic control devices related to the Farmers' Market and temporary street closure in a timely manner (set-up completed by 3:30 p.m. and removal completed by 8:00 p.m.). All traffic control devices, signs, and barricades shall conform to the State of California traffic control requirements. 3. The DBA shall engage a barricade company to provide the necessary barricades and signs as required by the City and all costs will be borne by the DBA. 4. The DBA will coordinate all activities with the City's Public Works, Fire, and Police Departments. 5. The DBA shall provide adequate litter control during and after the Market including street sweeping. 6. The DBA shall provide evidence of general liability insurance in the amount of $1 million in the form of a certificate of insurance and the policy endorsement satisfactory to the City, naming the City 0 Chula Vista as additional insured. 7. The DBA shall execute and agreement to hold the City harmless from any liability from the activities within the street right-of-way and resulting from the Farmers' Market special event. ~.. 9" 360 Third Avenue P.O. Box 381 Chula Vista, CA 91912 (619) 422-1982 (619) 422-1452 1994 Officers & Directors President Jim Fergus Vice President Tom Money Secretary Jan Cano Treasurer Donna Hawk Past President Vangie Kujawski Dana Birch Lou Black Sandra Mascarenhas Lou Nicholaus Ben Patton Marie Raftery Dave Rossi Dr. Steven Wachs Town Manager Mary Coburn Apri112, 1994 Christopher Salomone, Director Community Development City of Chula Vista 476 Fourth Avenue Chula Vista, CA 91910 ~ Ib g Dear Chris: The Downtown Business Association is pleased to presto..< v_ :rs' Market plan for approval. I am sure you are aware that Certified Farmers' Markets are being used statewide to vitalize city center shopping areas. The establishment of a market will create a self-supporting, weekly activity that has the potential to attract 3,000 to 4,000 shoppers on a weekly basis. Currently markets are being held in Ocean Beach, Coronado, Pacific Beach, La Mesa, Escondido, Hazard Center, Oceanside, Vista, Poway, Del Mar and Uptown San Diego. As you can see, the Chula Vista area is ripe for a market! The market will be held every Thursday, beginning June 2 rain or shine, from 3:30 until 7:00 PM (winter hours maybe adjusted) year round. In order for Downtown Chula Vista to maximize the market's potential we are requesting permission to close the north bound lane of Third Avenue between Davidson and E Street. This location has ample parking, good visibility and will bring needed foot traffic to the area. We will need to begin street closure at 2:00 PM in order to allow ample time for shoppers currently parked in the area time to leave and to allow the DBA to position barricades and signage. We will be working with an experienced Market Manager who not only manages four markets but is also a grower. We have been in contact with all the business owners on both sides of Third Avenue between Davidson and E Street and on March 30th we held a market forum. The result was a vote of support and pledge of cooperation. We appreciate your support in gaining approval for the street closure. Si cerely, cc:Pam Buchan EXHIBIT A 8',9 DOWNTOWN CHULA VISTA CERTIFIED FARMERS' MARKET PROPOSAL- Chula Vista Downtown Business Association , . 360 Third Avenue Chula Vista, CA 91910 422-1982 ~./tJ EXHIBIT A Purpose The purpose of a weekly certified fanners' market is to provide a weekly self- supporting (income producing) event that has the potential to attract between 3.000 and 4.000 shoppers into the Downtown core. Background A certified farmers' market Is an effort to reestablish the traditional link between fanners and consumers. A certified fanners' market is a location approved by the county agricultural commissioner. where certified fanners offer for sale only those items they grow themselves. Before a certified producer certificate is issued. the agricultural commissioner visually inspects the applicants's field to verify that the applicant is actually the producer of the crops listed on the certificate. Only the immediate family and salaried employees of a certified producer may act for and sell the products of that producer. Items include fresh and dried fruits and herbs. vegetables. nuts. honey. eggs. house plants and cut flowers. Also approved for sale are jerky. fresh fish. olives and baked goods. Certified Fanners' Markets are being used statewide to reverse the trend of shopping in the suburbs and bring people back Downtown. Currently markets are being held in Ocean Beach, Coronado. Pacific Beach. La Mesa. Escondido, Hazard Center. Oceanside. Vista. Poway. Del Mar and Uptown San Diego. Both the Ocean Beach and Escondido Fanners' Market involve an evening street closure. Surveys taken at three different markets indicated: . Of the market customers interviewed, more than half consider themselves regular customers. . The average customer spends between $2.00 and $25.00. . Half the customers indicated that they typically shopped outside the Downtown area for groceries. . More than half the customers expected to tie in the trip with other shopping. Typically. for every one dollar spent at the market $3.00 are spent at neighboring businesses. . Almost half reported being previously unfamiliar with the Downtown area and now liking it. . The presence of the market improved the customer's image of the shopping area. Proposal The Downtown Business Association proposes to establish a year round Certified Farmers'Market every Thursday (rain or shine) beginning on June 2nd. The market will begin set up at 2:00 PM and the bell will sound at 3:30 PM (no sales may be made until the Market Manager sounds the opening bell). The market will close at 7:00 PM and the street will reopen no later than 8:00 PM. IJ'// Five Downtown locations were considered for the market location. Considerations included - visibility. surface. shade/windbreaks. bathroom availability with hot & cold running water and parking. Our main goal was to get the shoppers onto Third Avenue. therefore. utilizing a parking lot was not a serious consideration. Meetings were held with Pam Buchan and Miguel Tapia from Community Development and Hal Rosenberg the City's Traffic Engineer. The challenge was to determine the location that would provide the greatest benefit to Third Avenue businesses with the leas~. ~of impact on traffic flow. That area was determined to be the no~~~ I~!lSbetween Davidson and E Street. This location provides excellent visibility from E Street and would attract cross town traffic into the Downtown core. There is adequate parking in the lots behind the businesses and there are several mid-block walk ways. N t S ]8 EJ t E Street g Ix 5 Ix < Ix ] Ix ~ IX Davidson I I I I I F Street IT] ~ 0-= ~ Growers would park parallel with their backs to the center line and sell toward the sidewalks. '" '" .., ~ 1U' ~ 8 South b~C on Third AVem~~main open. '" '" .., <.> <.> <( 1U' ~ .., <5 Chula Vista Transit. San Diego Transit and -;;;}..fffie4rfttrroUgh traffic will be diverted at F Street. Third At~ will !l~ll!J1 open to traffic until Davidson where all RIll'"" Ht traffic will lU{(f eftller park and shop or continue to SIlt'Qtld flJeffiie. i--and/6 tJ7 {Dhuro/1 4re/'1u~S. A Public Forum was held on March 30th at Papa Dave's to outline the Certified Farmers' Market plan for all businesses between Davidson and E Street. The result was an overwhelming vote of support and a pledge of cooperation. f!'- / :L The Certified Farmers' Market will be supervised by an experienced Market Manager who, in this case, happens to be a grower. It is the Market Manager's responsibility to recruit a wide variety of growers. The Market Manager will draft the market rules and regulations and monitor growers to make sure they are in compliance. The Market Manager assists in the street closure, checks in the growers. assigns spaces. monitors sales and collects 6% of gross sales from the growers at the close of the market. In conjunction with the Market Manager, the Chula Vista Downtown Business Association intends to maintain a high proffie at the weekly market. Various promotions and activities will be planned in conjunction with the market. Downtown restaurants are being contacted to provide monthly cooking demonstrations using fresh market produce. Downtown bakeries and florist will be invited to participate at the market and we only ask that they pay the same fee as all the growers (6% of the gross sales). The only commercial booths and displays allowed are those of DBA members not located in the market area. Prior to Christmas. arts and crafts displays may be allowed. The DBA will establish a Market Committee to oversee the market and resolve issues as they arise. The Market Committee will consist of the Market Manager. the Town Manager. one DBA Board Member and one representative from both the east and the west side of Third Avenue between Davidson and E Street. The committee will monitor the market budget and assist in planning advertising and market promotions. The DBA requests the following: 1. The weekly closure of Third Avenue between Davidson and E Street on Thursdays from 2:00 until 8:00 PM. 2. A waiver of the sidewalk sales ordinances and business license requirement for the Certified Farmers' Market and participating growers and vendors. 3. Provide assistance in routing traffic for the first month at no charge to the DBA. 4. Approve a decal to be posted on appropriate parking meters indicating "No Parking - Farmers' Market Every Thursday from 2:00 - 8:00 PM". The DBA will incur the expense of the decals and assume responsibility for installation. ~,,).3 . . ,f" -~<;. " DOWNTOWN CHULA VISTA CERTIFIED FARMERS' MARKET FORUM Wednesday, March 30,1994 Papa Dave's 6~30 p.m. Please try to attend, your input and support is very important to this project! R.S.V.P. 422-1982 If you are unable to attend, please call the DBA office at 422-1982 and we will ~chedu1e a specific time to meet with you. If we do not hear from you we will assume that we have your complete SUP;:~f EX H I B I I~ B The Downtown Business Association proposes to establish a year round Certified Fanners' Market every Thursday (rain or shine) beginning 00 JUDe 2nd. The market will begin set up at 2:30 PM and the bell will sound at 3:30 PM (no sales may be made until the Market Manager sounds the opening bell). The market will close at 7:00 PM and the street will reopen no later than 8:00 PM. Five Downtown locations were considered for the market location. Considerations included - visibility. surface, shade/windbreaks, bathroom availability with hot & cold ~ning water and parking. Our main goal was to get the shoppers onto Third Avenue, therefore, utilizing a parking lot was not a serious consideration. The challenge was to determine the location that would provide the greateSt benefit to ThlrdAvenue businesses with the least amount oflmpacton traffic flow. That area was determlned to be the north bound lane between Davidson and E Street. TI1ls location provides excellent visibility from E Street and would attract cross town traffic into the Downtown core. There is adequate parking in the lots behind the businesses and there are several mid-block walk ways. E Street v Ix :;I c:: Ix v N > IT] 8 < Ix t "'0 .!:l Ix W !5 IX ., Davidson S :a a I 0~ ..J EJ I I ..c: U I I ., ., ] 8t F Street < >. >. ~ ~ v v <5 c:: 0 Growers would park parallel with their backs to the center l1ne and sell toward the sidewalks. South bound traffic on Third Avenue will remain open. Chula Vista Transit, San Diego Transit and through traffic would be diverted at F Street Third Avenue will remain open to traffic until Davidson where all north bound traffic will turn and either park and shop or continue to Second Avenue. A Public Forum was held on March 30th at Papa Dave's to outline the Certified Fanners' Market plan for all businesses between Davidson and E Street. The result was an overwhelming vote of support The Certified Fanners' Market will be supervised by an experienced Market Manager who, in this case, happens to be a grower. It is the Market Manager's responsibility to recruit a wide variety of growers. The Market Manager will draft the market rules and regulations and monitor growers to make sure they are in compllance. The Market Manager assists in the street closure, checks in the growers, assigns spaces, monitors sales and collects 6% of gross sales from the growers at the close of the market. 4 (EXCERPT FROM April issue of Downtown newsletter) 8'~/..r EXHIBIT c '.is .. . . .1'..A- S , : r! I '1 I \ \ I I I I I ... Q <5 i - ~ - --.. ~ ~n I 13. I 1M " , - - -- -i I --t-- -.--[ r- -----r- _uU' . -.----t--~ --~ ~ ....z>- :J:a:-' ~::>z a:....0 Cl I- ...... <Xl ...... ::J: >< UJ t- <C ..J Q. <C L1J a: <C .. W ...J ~ ~ w u.. ... o ~ ::E Vl z Z W o .. >- - III C . .. ~ C .....L- .w.ltltIU-_a& -,..-a.~\Ilr"""'.,.....-n~"'~~1 fI/W T "~""Mn.'~"':IM. 01 ~ U , Cl a::: I ~ - T + u VI II> U Vl --------- ~'/, I r---- u.I -1 > ---- let ~---. ~-- C / a: - :1:,/ 10 ~""Q L.l..-\ U u~~ r-( /'* lt1:~ _____ >-___ IIJ--J' 'lS In . '1NOtla'1~ ,';" I \~ -- '1 ' ';1 I .. ~ I I' Q Q o Qw< 1-__. I I .. <cIlW U Oox / a:...J< "i( I v:-v \J ~...I~[1-l<1 / , i-~=,,-1~ I"" , -1---- I I /.-...- I .V"~ .-. / ~ ~.; ~II I cO I ~ I ---... P---___ ~ " ~ T U a:: ::> I u 1~3~JS I I I I I ! / 1 1// : r "'-- ~r-- I w ~ I II) A 7 ~ / J~ f ........ V -~ ~~-: / -1=1. )-+ 'i1. ,I ; I I 1 j I I \ I I I I i I I , i, I I ^"tJ M )U:I"tJ d / I I : Q .... ..... '" ..... :I: >< UJ .. u 1 '~ l , ~.. ~'/~ "" " 'I/> ~ v&, ---I \ I I t- < ..J c.. 1--- =0 ::;:)< ~w w::J: ~v 0< ....,' ~ .""'1' '1 ael!! .l33~.lS ...:1.. -, I UJ r;;; 1---__ 1-__._ -___.... - Z -" -"<f ----- .. _ _ _ _ I-__'~ d___"" " w .... l- I- , - . . " , UJ u.. ..J 0 ~ ~ ".. (/) z z UJ 0 .. .. ,.. ---- CIl j c . .. ---- .. - ~ .. 0 c < w a: < 11 .. . _ . I I I I I i L-L. ~ -.-- . l- I- W ,.".. 1--- I -"--!..._ , - d _ _ _ _ _ Q:;. -.' ~ ~ ~r---. f- ~ ~_=_- ---~ ~.:- -- - 1-- - .- I- - - - -- I- -- -'- . ---- I . . - --- ---- ,il~ - --- ---- ) .', ... -.... ____ ~ ___~ OS ----~ ~'II ~1?~~~ 1----- ---..-. - a If., 'sLa. f----- 9'"' J 7 _. @\l I- , tJ\~ ~7\J ('l7\ ('l' ? 5' C/) +-+ z Landis' A_M_~. One Way Acces '-~) -+1 ~ @ I - '"I1 ~ Third Avenue C/) ..... >< X ':/-, "'/., X tI1 J::t-----~-----C/) a g :><F~~~(S~& ~ o - J I I I . One Way Access ~ ~ (}I o ~ N Church EXHIBlT E ~.,/t" COUNCIL AGENDA STATEMENT ~ ITEM TITLE: ITEM MEETING DATE Mav 24. 1994 Resolution J ') 'f1 1 proclaiming the young adult materials collection at the South Chula vista Library the "Arturo Barrios Collection" SUBMITTED BY: Library Director~~ REVIEWED BY: City ManagerJf\ ~~,\ (4/5ths Vote: Yes_No--1L) (j /' Council Referral #2863 The city Council has asked the Library to consider naming a wing or room of the new South Chula vista Library after Arturo Barrios. RECOMMENDATION: That Council approve the resolution proclaiming the young adult material collection at the South Chula vista Library the "Arturo Barrios Collection", and instruct staff to place a plaque so naming the collection in the Young Adult Room and direct staff to return with the proposed names criteria. BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees has discussed the Council Referral suggesting that a wing or room of the South Chula vista Library be named after Arturo Barrios at their meetings on March 23 and April 27, 1994 and has deferred action until a criteria for such honors be established and approved. (ATTACHMENT A) DISCUSSION: Arturo Barrios is a world renown Olympian from Mexico whose eponymous 10K is a major sporting event held each fall at the Chula vista bayfront. The Chula vista Public Library is a major recipient of the financial proceeds from the race. Over the years, $17,000 has already been received with another $10,000 pledged. The money has been used primarily to purchase books and other library materials of interest to young adults. Special Arturo Barrios book plates have been placed in the items purchased. (ATTACHMENT B) city Council's referral, suggesting that a wing or room of the new library be named after Mr. Barrios has the support of the Library staff. Mr. Barrios is very interested in the well being of our community's youth as demonstrated by the generous donations made in his name. Additionally, his determination and dedication are a wonderful example to everyone, but especially young people. And finally, the South Chula vista Library will emphasize the concept of bi-nationalism and bi-culturalism, and Mr. Barrios and his efforts in Chula vista are an excellent model. The proposal was discussed by the Library Board on two recent occasions. The Board expressed interest in, and conceptual support for, naming the Young Adult Room at the new library in honor of Mr. Barrios, but has deferred formal action. The Board has asked the 9~/ Page -2-, Item ~ Meeting Date 5/24/94 Library staff to research the criteria used by other libraries when naming rooms and asked for a report in July. In the mean time, Library staff recommends that the entire collection to be housed in the Young Adult Room at South Chula vista be honored with a plaque naming it the "Arturo Barrios Collection." Approximately 4,800 items will eventually be housed in the Young Adult Room. By the end of the year, the Library expects to have bought over 1,200 books for that collection with the Arturo Barrios money. Naming the collection for Mr. Barrios would not preclude naming a room or wing after Mr. Barrios once criteria has been developed and approved. FISCAL IMPACT None, except for the cost of purchasing and mounting a plaque (approximately $500). 9':2.. RESOLUTION NO. /71/'ti RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROCLAIMING THE YOUNG ADULT MATERIALS COLLECTION AT THE SOUTH CHULA VISTA LIBRARY THE "ARTURO BARRIOS COLLECTION" WHEREAS, Arturo Barrios is a world renown Olympian from Mexico whose eponymous 10K is a major sporting event held each fall at the Chula vista bayfront; and WHEREAS, The Chula vista Public Library is a major recipient of the financial proceeds from the race with $17,000 having already been received with another $10,000 pledged; and WHEREAS, the money has been used primarily to purchase books and other library materials of interest to young adults and special Arturo Barrios book plates have been placed in the items purchased; and WHEREAS, the City Council has asked the Library to consider naming a wing or room of the new South Chula vista Library after Arturo Barrios; and WHEREAS, the Library Board of Trustees has discussed the Council Referral suggesting that a wing or room of the South Chula vista Library be named after Arturo Barrios at their meetings on March 23 and April 27, 1994 and has deferred action until a criteria for such honors be established and approved; and WHEREAS, Library staff recommends that collection be housed in the Young Adult Room at South be honored with a plaque naming it the "Arturo Barrios the entire Chula vista Collection." NOW, THEREFORE, BE IT FURTHER RESOLVED the City council of the City of Chula vista does hereby proclaim the young adult materials collection at the South Chula vista Library the "Arturo Barrios Collection". M:\shared\attorney\arturo.res Bruce M. Attorney Presented by David Palmer, Library Director 9-3/'1-1 ATTACHMENT A Library Board of Trustees March 23, 1994 3. Furniture and Equipment Furniture and shelving bids have been sent out and will be opened on March 31, 1994. 4. Name(s) - Arturo Barrios Library Trustees responded favorably to naming a, room after Arturos Barrios due to his positive role model for community youth and continued generosity to the City of Chula vista. However, it was determined that a well-defined policy on naming rooms should be in place before this is done. Trustee Clover-Byram suggested that in addition to naming rooms or wings, areas such as the childrens' reading room could also be named. Chair viesca questioned how it would be determined who would have a wing named after them rather than a room or a corner. Criteria such as residency, monetary contributions, time commitment, popular appeal, etc. would all have to be weighed and examined due to the limited number of rooms in the new library and people in the community who could be recognized. vice Chair Donovan suggested a room be named after Gayle McCandliss. The Trustees were reluctant to make a decision without participation from a full Board present. Chair vie sea suggested a plaque be placed in the new library in recognition of the Library Board's involvement in the 'South Chula vista Library. B. Library Budget Mrs. Blue reported that the Library Director was currently meeting with the City Manager. III. NEW BUSINESS A. Senate Bill 1448 (Roberti) Trustee Clover-Byram stated that the Library Assessment District bill was an outstanding idea. 2 9'>' LIBRARY BOARD OF TRUSTEES APRIL 27, 1994 DRAFT MINUTES ACTION B. Names - Arturo Barrios Director Palmer asked the Trustees to revisit this issue so that their position could be forwarded to the City Council. Because of his contribution to the community, Trustees considered it appropriate to name the Young Adult Room in the new library after Arturos Barrios, but were reluctant to do so until a set of guidelines or criteria was in place for naming future rooms. It was the consensus that to name the room without a established criteria in place would open the Trustees to a barrage of petitioners and future criticism. Further, to act hastily on this issue did not seem appropriate 'considering the extreme care being taken to select an artist for artwork in the South Chula vista Library. MSC (Clover-Byram/Alexander) given current Library Board sentiment, the Trustees propose that the Young Adults Room of the new South Chula vista Library be named the Arturos Barrios Room at such time that criteria and rules are in place to guide naming other areas of the new library. To that end, the Trustees have requested professional library staff to create proposed guidelines based on CLA or other libraries. (4-0-1 with Chair viesca absent) Staff is expected to respond to this request by the July meeting. Trustees asked Director Palmer to report their action to the City Manager. ACTION C. Coffee Cart at civic Center Library Trustees discussed the concept of having a coffee cart at the civic Center Library. Other libraries currently provide this profitable service. The Friends of the Library are uncertain whether they would like to take on the operation of the of the coffee cart as it would require them to file corporate taxes on revenues. Because of the staff- time necessary to set up and monitor this service, Director Palmer would like to see profits stay in the library. 5 9,t CITY COUNCIL AGENDA STATEMENT Item Meeting Date OS/24/94 Resolution /7J./9..5" Accepting bids and awarding contracts for the purchase of library furniture including shelving, custom casework, shelf task lighting, office furnishings, miscellaneous accessories and interior signage for the South Chula vista Library _A~~ 7 SUBMITTED BY: Interim Finance Director~r'~ Library Director0~ REVIEWED BY: city Manage~~~~/5ths Vote: Yes__No~) On April 23, 1991, the City of ~ula vista was awarded a $6,747,528 Library Construction and Renovation Bond Act grant (Proposition 85) to construct the South Chula vista Library. The grant provides for reimbursement for 65% of the building project, including shelving and furniture. The total furniture and shelving budget allocation is $1,376,870, of which $894,966 is the State's share and $481,904 is the city's share. /P ITEM TITLE: The bid specifications for the purchase of library furniture, including shelving, custom casework, shelf task lighting, office furnishings, miscellaneous accessories and interior signage, were developed by the project team for the South Chula vista Library, composed of the interior designer, Marshall Brown Interior Designer, Inc. of San Diego, the architects, LPA, Inc. of San Diego and Legoretta Archi tectos of Mexico city, the Proj ect Managers, Starboard construction, Inc. and Project Solutions, Inc., the City's Purchasing Department and the Library. The bids were advertised and released on March 2, 1994. Sixteen (16) bids were received. The bids were opened at 3:00 p.m. on April 5, 1994 in the Otay Ranch Project Office conference room. The bids came in at $1,200,272.21 which is $176,597.79 or 12.8% under budget. There were no bids from Chula vista companies. Attachment A is a list of all bids received. RECOMMENDATION: That the City Council adopt the Resolution which accepts the bids and awards the contracts to the following bidders: section Bidder Amount w/tax 1 Shelving Hodkinson Torbensen Newport Beach $ 51,194.15 1A Wood/steel Shelving Burt C. Gentle, Co. San Diego $ 138,719.08 /d"'/ section 2 Custom Casework (end panels and canopies) Bidder Hodkinson Torbensen Newport Beach 2 Custom Casework (all other items) Quality Cabinets San Diego 3 Lighting Dynalectric 4 Furnishings BKM, San Diego Office Pavilion San Diego 5 Miscellaneous Accessories BKM, San Diego Eastman, San Diego Office Pavilion, San Diego Parron-Hall, San Diego 6 Interior signage Spector Design, Inc. San Diego Total Page ~, Item I't' Meeting Date 5/24/94 Amount w/Tax $ 61,205.07 $ 338,643.23 $ 149,335.62 $ 164,795.14 $ 186,534.58 $ 29,690.00 $ 2,660.73 $ 17,017.93 $ 43,674.47 $ 16.802.21 $1,200,272.21 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable The Library Board has reviewed the custom casework and furniture design as the project has progressed. D:ISCUSS:ION: The bid specifications for the library furniture were written to insure that the furniture be of high quality and durability, similar to that of the library at 365 F Street which was built in 1975. The original furniture is still being used in that building and remains in good condition since its installation nearly 20 years ago. Marshall Brown, of Marshall Brown Interior Designer, Inc, was the interior designer for the 365 F Street building and is the interior designer for the South Chula vista Library as well. His proven expertise has helped insure the quality of the proposed furniture purchases. The California state Library requires that any and all furniture purchased with Proposition 85 funds have a useful life of at least /~.",2.. Page ~, Item ,It' Meeting Date 5/24/94 ten (10) years. As a result, quality and durability are an emphasis in the furniture specifications and selection process. Library furniture bid specifications require that the successful bidder/s deliver and install in place library shelving, custom casework, shelf task lighting, office furnishings, miscellaneous accessories and interior signage. There were 222 items in the bid, divided into seven sections: section 1 section lA section 2 section 3 section 4 section 5 section 6 Shelving Wood and Steel Shelving Custom Casework Lighting (Shelf Task Lighting) Office Furnishings Miscellaneous Accessories Interior Signage Bidders were instructed that they could bid on entire sections or portions of sections. Sixteen (16) bids were received, seven were for section 2 - Custom Casework, and five each were received for section 5 - Miscellaneous Accessories, and section 6 - Interior Signage. section 4 - Office Furnishings had four bidders while sections 1, and lA had three bids for Shelving. The section on Shelf Task Lighting, section 3, had two bids. Some bidders bid on more than one section but the majority of the bids were partial bids rather than bids for entire sections. Bids were evaluated on the basis of commodity grouping, item by item, and/or manufacturer. LIGHTING Lighting is an important factor in the furniture specifications and bids. Ambient light is provided in the building as well as numerous skylights and windows, creating a gentle, welcoming atmosphere. However, this lighting is not adequate for doing tasks such as reading, writing or viewing materials on the shelves. In order to provide task lighting, the bid specifications call for lighting for the shelving, the study carrels and adult tables. To accommodate shelving needs and task lighting specifically, three separate sections in the bid were developed, sections 1, lA and 3. section 1 specifies the standard steel shelving without lighting. This shelving will be located in the adult area and is similar to that found at the library at 365 F Street. The lighting for section 1 shelves is specified separately in section 3. This section calls for semi-circular structures or arches that will be placed at the end and on top of each shelving range. The arches will serve the dual purpose of structural support, connecting the ends of two shelving ranges to one another, and it will also serve as the support for the .light fixtures above. /1f).J Page ~, Item ;It? Meeting Date 5/24/94 The lighting fixture will be centered in the middle of each arch. Also, the lighting fixture will span the length of the shelving ranges, casting light from the top shelf to the bottom shelf of each range. Attachment B shows the arch and the accompanying light fixture. Section lA, by contrast, incorporates the lighting into the shelving specifications, rather than separately. This wood and steel shelving has a light attached to each individual shelf. The shelving was specified for the Children's Room and Browsing area where the shelves could not be as high and therefore could not appropriately accommodate the arches and accompanying light fixtures. Each shelf light has a protective child proof covering. As an alternate bid, Burt C. Gentle Co. bid a single style of shelving with integrated lighting on each shelf for the entire library. However, this solution is not proposed throughout the library because it is most likely to require greater ongoing operational and maintenance costs in replacing numerous light bulbs. Also, it may result in higher energy costs. Section 3 primarily calls for the lighting for the shelves specified in Section 1. The lights are to be centered in the supporting arches which also connect the ends of the shelf ranges as described above. Section 3 also includes task lighting to be integrated into some custom casework furniture in order to provide adequate lighting for reading and writing. Bids for each of the seven sections, including the lowest and/or responsible bids for each section are discussed below. SECTION 1 - SHELVING Section 1 specifications called for standard steel shelving which will be placed in the adult area. As stated above, this shelving does not have integrated lighting. The low bidder for the steel shelving was Hodkinson Torbensen for $47,845. Hodkinson Torbensen bid Estey shelving which the Interior Designer and Architect determined to be an equivalent to the bid specifications. Comparison to the other bidders is shown below. The lowest responsible bid is in bold and is shaded. /~ ~ '/ Page ...2..-, Item I P Meeting Date 5/24/94 SECT. 1 BIDDERS AMOUNT TAX TOTAL TERMS Yamada 54,742 3,831-94 58,573.94 N/A Industries Burt C. Gentle 60,320 4,572.40 69,892.40 N/A Co. Burt C. Gentle 252,200 17,654.94 269,854.00 N/A Co. Alternate Bid Recommendation for section 1 Bid Award including taxes and fees: Hodkinson Torbinson $ 51,194.15 SECTION 1A - WOOD AND STEEL SHELVING This section is distinct from section 1 because it calls for wood and steel shelving with integrated lighting on the shelves for the Children I s Room and Browsing areas specifically. The specifications called for Scania/BTJ shelving or an equal. Burt C. Gentle Co. was the only bidder that submitted a responsible bid. The other bidders, while submitting lower bids, left out components that were required, such as lighting, or submitted a bid for a product that was not equal to specifications as determined by the Interior Designer and Architect. The lowest responsible bid is in bold and is shaded. SECT. 1A BIDDERS AMOUNT TAX TOTAL TERMS *Hodkinson $ 81,675.50 $5,717.29 $87,392.79 N/A Torbensen *Yamada $ 83,660.00 $5,856.20 $89,516.20 N/A Enterprises *B~d does not meet spec~f~cat~ons Recommendation for section 1A Bid Award including taxes and fees: Burt C. Gentle Co. $ 138,719.08 /IJ~ f' Page ~, Item Meeting Date 5/24/94 I~ SECTION 2 - CUSTOM CASEWORK The custom casework includes each of the major public desks for reference (Information Desk), Children's, Circulation and the Technology User I s Center desk. Other elements of the custom casework include public workstations for accessing the online catalog, study carrels, study tables, directory and display kiosks, the end panels and canopies for the shelving. As advised by the Interior Designer, Marshall Brown, certain furniture are designed as custom casework in order to integrate the sophisticated wire management for the electrical, shelf task lighting,. telephone and data communications connections needed to support the technologies to be used throughout the building currently and in the future. Only two bidders out of six submitted bids for the entire section - Quality Cabinets at $376,478 and Office Pavilion at $488,785.70. Although Office Pavilion offers a 10% discount if paid within 15 days ($439,907.13), the Quality Cabinets bid was still lowest. A list of all bids for Section 2 is included below. The single lowest complete bid is in bold and is shaded. SECT. 2 BIDDERS AMOUNT TAX TOTAL TERMS l_fl"iI.I.1I!lI~lfi' ~1~t!III'111!1!1 ~lt;!11111111 ~;Jlr~'~~III~~lltJ "'lflf'Wffi"ffi' '::m:~I:::::'~::;;~ ';$} tf.l$: i~K. .fL '~:~Wt40j)]j *Hodkinson 57 , 201 4 , 004 . 07 61 , 205 . 07 Torbensen *Yamada Enterprises 57 , 304 4 , 011 . 28 61, 315 . 28 *Parron-Hall (1. 5% 110 , 065 7 , 704 . 55 117 , 769 . 55 1 . 5% fee included) fee *S-Two 285 , 585 19 , 990 . 95 305 , 575 . 95 *Eastman 375 , 606 26 , 292 . 42 401 , 898 . 42 30% deposit Office Pavilion 439 , 907 30 , 793 . 49 470, 700 . 49 10% 15 (10% discount days included) * Partial Bid /t?...(, Page ....:1.-., Item I,() Meeting Date 5/24/94 The Quality Cabinets bid, as the lowest complete bid, was used as a benchmark below to compare group costs for the same items from the other bids which were partial bids. SECTION 2 PARTIAL BIDDERS AMOUNT COMPARISON TO QUALITY CABINETS' BID Hodkinson Torbensen 57,201 59,989 Yamada Enterprises 57,304 59,989 Parron-Hall 110,065 96,505 S-Two 285,585 196,121 Eastman 375,606 347,322 In the case of bidders Eastman, Parron-Hall, and S-Two, each of their partial bids are higher than the Quality Cabinets bid for the same items. This is not the case for the two other bidders listed, Hodkinson Torbensen and Yamada Enterprises. These two bidders submitted partial bids for the end panels and canopies only. As a result, the low bid for end panels and canopies only is Hodkinson Torbensen. As discussed above, Quality Cabinets is the low bidder for all items excluding end panels and canopies at $338,643.23 with tax included. staff recommends that the award for section 2 be split to take advantage of the lower bid for the end panels and canopies offered by Hodkinson Torbensen and proposes award of all other items from this section to Quality Cabinets. Recommendation for section 2 Bid Award including taxes and fees: Hodkinson Torbensen for end panels and canopies $ 61,205.07 Quality cabinets for custom casework $ 338,643.23 Total Award for section 2 - $ 399,848.30 SECTION 3 - LIGHTING (SHELF TASK LIGHTING) Dynalectric, at $139,556 submitted the only responsible bid for shelf task lighting. The other bidder, Yamada Enterprises, bid $98,300. However, this bid, while lower, includes lighting fixtures which have acrylic lenses and a painted finish which do not meet bid specifications as required by the Interior Designer, Architect and California state Library. In order to meet specifications, Yamada Enterprises bid would be $101,000 higher, or $199,300. The lowest responsible bid is in bold and shaded below. 11/ . ? Page ~, Item I'~ Meeting Date 5/24/94 AMOUNT TAX : 11~~l~~III~iiilltll {~I!If:IIIIII[f~t~1 *!~I;:' *Yamada 98,300 * Does not meet specs 6,881.00 105,181.00 N/A Recommendation for section 3 Bid Award including taxes and fees: Dynalectric $ 149,335.62 SECTION 4 - OFFICE FURNISHINGS section 4 - Office Furnishings, includes a variety of library office chairs, tables, desks, credenzas, bookcases, and panels. Four bids were submitted, each of which was a complete bid. The single lowest responsible bid which includes all items as specified is in bold and shaded below. SECT. 4 BIDDERS AMOUNT TAX TOTAL TERMS 22,646.24 346,163.97 includes 1. 5 fee, 1% - if awarded all 347,815.42 10%/15 days Parron Hall Alternate Bid 323,517.73 Office Pavilion 325,061.14 22,754.28 (10% included for payment in 15 days) .;:: .tf..~\'1jfl.itil'~I~ 11Il~li111~11~!~~!I!~ 1~11111111~r~i'\II' illil!ili1{iililil~lil~;!l :~III~~~;;:::~:'}' Eastman 341,093.95 23,876.58 364,970.53 30% deposit 25,090.52 383,526.58 includes 1. 5% fee, 10% disc/all Parron-Hall Original Bid 358,436.05 The bids were analyzed by manufacturer group in order to determine the lowest prices per manufacture. Some substitutes for specified manufacturers' items were submitted by bidders in order to provide lower prices. However, of those substitutes some were determined to be unacceptable because they did not meet the specifications. For example, manufacturer IeF was submitted as a substitute for 1'0- l? Page --2--, Item /f) Meeting Date 5/24/94 Metropolitan. The Interior Designer and staff found that the ICF chairs do not match the custom tables as specified. Another manufacturer with a substitute item, Cleator, themselves determined that they could not meet the specifications for the HBF items as specified. The chart below is a comparison of the three consistently lowest bidders bids for section 4 bv Manufacturer. The 10% discount for payment within 15 days of delivery offered by Office Pavilion, and the 1.5% administration fee required by Parron-Hall are taken into account here. The prices shown do not include taxes. The lowest bid per each manufacturer's grouping which meets specifications is shaded below. Staff recommends splitting the award of bid as indicated below. SECT. 4 OFFICE FURNISHINGS BID COMPARISON BY MANUFACTURER BKM PARRON-HALL W/1.5% FEE Bernhardt 44,410.96 48,188.22 Brandrud 4,967.09 5,208.76 Charlotte 14,113.06 Davis 35,508.48 33,419.69 Ililllll~~1 18,319.45 11111111111 99,791.61 DM Furniture HBF Furniture Howe 15,322.33 14,831.14 Keilhauer Metropolitan Herman Miller 58,795.00 61,153.21 '111~lIllt~tlll 39, 502 . 77 flll~f'l~t1~ll~~~ 4 , 950 . 7 1 Summit 6,765.21 7,705.40 Wieland 14,218.60 14,872.60 *SUbstltuted manufacturer's ltems do not meet OFFICE PAVILION W/10% DISCOUNT 13,180.19 !li~liI1~tlllllflli~lllii 17,292.13 97,679.58* .M~~\tM:t~:~~lt:*~~t~*r,;$:f.~~~W-ffi'~~I~\fl.~W w.i')"''w.,.. ,.,. .!",.".. ","'." """"" '-"ltm :::;:::~:~~.~::::...,.:......$::~.;::...~:M::.,,<::-;::::..:;:::>>m~:::::;:::::. speclflcatlons Recommendation for Section 4 Bid Award including taxes and fees: BKM $ 164,795.14 Office Pavilion $ 186,534.58 Total Award section 4 - $351,329.72 /P,9 Page 10 , Item ;It? Meeting Date 5/24/94 SECTION S - MISCELLANEOUS ACCESSORIES section 5 Miscellaneous Accessories includes cushions for Children's Room special seating, file cabinets, book trucks, bulletin boards, trash cans, including large concrete receptacles, globes, clocks and other miscellaneous items. There were five bidders, only one submitted a complete bid. All bids for section 5 are shown below. The lowest responsible bid including all items as specified is in bold and is shaded below. SECT. S BIDDERS AMOUNT TAX TOTAL TERMS *Office Pavilion 35,566.21 2,489.63 38,055.84 10% 15 (with 10% disc) days *Eastman 47,806.37 3,346.45 51,152.82 30% deposit *Vertex 59,100.00 4,137.00 63,237.00 N/A *BKM 61,659.86 4,316.19 65,976.05 N/A section 5 was also evaluated by manufacturer grouping of items for the lowest bidder per manufacturer. The table below takes into account the 10% discount offered by Office Pavilion for payment within 15 days and the 1.5% administration fee required by Parron- Hall. Prices listed do not include taxes. The lowest bid per each manufacturer's qroupinq which meets specifications is shaded below. Staff recommends the bid award be split to take advantage of competitive pricing by manufacturer. The last item - section 4, Metro Table, was bid as specified only by Parron-Hall and is included in the Sect. 5 comparison in order to consolidate this single item recommended for award to Parron-Hall from Section 4 with the other items recommended for award to Parron-Hall from section 5. /~ -/P It? Page 11 ,Item Meeting Date 5/24/94 SECTION 5 MISCELLANEOUS ACCESSORIES BID COMPARISON BY MANUFACTURER MANUFACTURER Harbor McDonald Howe-Hardwood Visuals Peter Pepper Nessen Nucraft AER Architectural Supplement Mobile Cable Systems Gaylord Gerber Gryphon *Knoll Extra Lawrence Nova Russ Bassett Worden section 4 Metro Table BRM 11,979.56 6,582.17 ~i~l~111~~1fifl~~}f~!~i[i~l!li!tlitli 2,535.66 3,636.00 No Bid .]1111 .:I!tlu~ljIJI! No Bid rf~.~llii~{lllli~11~i~~~1~~i~ No Bid 3,131.26 ~i"~~~~:I~II~~tl!~lil~ii'~1 6,050.00 No Bid *l~~~'il~~~tIQlt~~~ili~~il~jt~~~i~~lii No Bid OFFICE PAVILION W/10% DISCOUNT PARRON-HALL W/l.S% FEE r~!II~ltl'lllt&{~'~f:~1~11! 12,736.09 3,307.63 2,758.05 7,064.22 No Bid No Bid No Bid No Bid No Bid No Bid 3,325.14 7,769.59 ~li~~lill;It.41~~~I~+li~11 6,085.17 ii~~f.II!II_lt~ltlf~11'ili~;"t No Bid No Bid No Bid No Bid No Bid Bid Substitute 3,594.78 1,110.18 * Eastman is low bidder for Knoll Extra at $2,486.66. This is the single low bid item for Eastman, all other manufacturers' items bid by Eastman are higher than the three bidders listed above. As a result, Eastman's bid is not shown in the comparison above. /t1)~// Page 12 , Item It? Meeting Date 5/24/94 Recommendation for section 5 Bid Award including taxes and fees: BKM $ 29,690 Eastman $ 2,660.73 Office Pavilion $ 17,017.92 Parron-Hall $ 43,674.47 Total section 5 - $ 93,043.12 SECTION 6 - INTERIOR SIGNAGE There were five bidders for section 6 - Interior signage. Spector Design Inc.'s bid of $15,703 was the lowest. The next to lowest bid was submitted by American West Sign Company at $39,896. All bids for section 6 are shown below. I~ BIDDER AMOUNT TAX TOTAL TERMS ~~I..}t.l.ifl.I.I"1Ir~!~i,tt~[i~II~III~1~~1!J!t ;~1~1!~~~ri~lltl~li :1~!I~~~~iltlllll:ftt~j .:'~:vi';';::'}::::::::>(::::';'[i.$:~ij ~~j~l~t~t*t.t~~)t AMERICAN WEST SIGN 39 , 896 2 , 793 42 , 689 3% COMPANY w/50% deposit AHR SIGNS DBA 43 , 221 3 , 025 46 , 246 1 . 5% 10 AMPERSAND (with 1 . 5% days for payment in 10 days) R. B. Industries 45 , 225 3 , 166 48 , 391 N/A KARMAN LTD . 61 , 3 18 4 , 296 65 , 614 N/A Recommendation for section 6 Bid Award including taxes and fees: Spector Design, Inc. $ 16,802 FISCAL IMPACT Funds for the furniture and shelving in the amount of $1,376,870 were appropriated under the FY 93/94 CIP budget. The Library Construction and Renovation Bond Act grant (Proposition 85) reimburses 65%, or up to $894,497 for furniture and shelving. The City's share is 35% or up to $482,373. However, the bids came in $176,597.79 (12.8%) under budget at $1,200,272.21. Therefore the State share and City share will be reduced to $780,177.94 and $420,095.27, respectively. /t?.../~ RESOLUTION NO. /7'19,5"" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACTS FOR THE PURCHASE OF LIBRARY FURNITURE INCLUDING SHELVING, CUSTOM CASEWORK, SHELF TASK LIGHTING, OFFICE FURNISHINGS, MISCELLANEOUS ACCESSORIES AND INTERIOR SIGNAGE FOR THE SOUTH CHULA VISTA LIBRARY WHEREAS, on April 23, 1991, the City of Chula vista was awarded a $6,747,528 Library Construction and Renovation Bond Act grant (Proposition 85) to construct the South Chula vista Library which grant provides for reimbursement for 65% of the building project, including shelving and furniture; and, WHEREAS, the total furniture and Shelving budget allocation is $1,376,870, of which $894,966 is the State's share and $481,904 is the city's share; and WHEREAS, the bid specifications for the purchase of library furniture, including shelving, custom casework, shelf task lighting, office furnishings, miscellaneous accessories and interior signage, were developed by the project team for the South Chula vista Library, composed of the interior designer, Marshall Brown Interior Designer, Inc. of San Diego, the architects, LPA, Inc. of San Diego and Legoretta Architectos of Mexico City, the Project Managers, Starboard Construction, Inc. and Project Solutions, Inc., the City'S Purchasing Department and the Library; and WHEREAS, the bids were advertised and released on March 2, 1994 and sixteen (16) bids were received and opened at 3:00 p.m. on April 5, 1994 in the Otay Ranch Project Office conference room; and WHEREAS, the bids came in at $1,200,272.21 which is $176,597.79 or 12.8% under budget although there were no bids from Chula vista companies; and WHEREAS, Attachment A, which is attached hereto and incorporated herein by reference as if set forth in full, is a list of all bids received. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. Under section 1A (Wood and Steel Shelving) bids, the Council does hereby reject the bids of Hodkinson 1 lIP' /.3 / " Torbenson for $87,392.79, and Yamada Enterprises for $89,516.20 as non-responsive to the bid specifications, for the reasons shown on the Council Agenda Report submitted on this item at the Council meeting of May 24, 1994, and on the basis of such evidence as was presented at the meeting or meetings at which this item was considered. section 2. Under section 2 (Custom Casework) bids, the Council does hereby reject the bids of Hodkinson Torbenson for $61,205.07, Yamada Enterprises for $61,315.28, Parron-Hall for $117,769.55, S-Two for $305,575.95 and Eastman for $401,898.42 as non-responsive to the bid specifications, for the reasons shown on the Council Agenda Report submitted on this item at the Council meeting of May 24, 1994, and on the basis of such evidence as was presented at the meeting or meetings at which this item was considered. section 3. Under section 3 (Lighting and Shelf Task Lighting), the Council does hereby reject the bid of Yamada Enterprises for $105,181.00 as non-responsive to the bid specifications, for the reasons shown on the Council Agenda Report submitted on this item at the Council meeting of May 24, 1994, and on the basis of such evidence as was presented at the meeting or meetings at which this item was considered. section 4. Under section 4 (Office Furnishings), the Council does hereby reject the bids of HBF Furniture for $97,679.58, and Metropolitan for $18,030.60 as non-responsive to the bid specifications, for the reasons shown on the Council Agenda Report submitted on this item at the Council meeting of May 24, 1994, and on the basis of such evidence as was presented at the meeting or meetings at which this item was considered. section 5. Under section 5 (Miscellaneous Accesories), the Council does hereby reject the bids of Office Pavilion for $38,055.84, Eastman for $51,152.82, Vertex for $63,237.00 and BKM for $65,976.05 as non-responsive to the bid specifications, for the reasons shown on the Council Agenda Report submitted on this item at the Council meeting of May 24, 1994, and on the basis of such evidence as was presented at the meeting or meetings at which this item was considered. section 6. That the City Council does hereby accept the following bids as responsive and awards contracts to the following bidders: 2 /p../.y section 1 Shelving 1A Wood/Steel Shelving section 2 Custom Casework (end panels and canopies) 2 Custom Casework (all other items) 3 Lighting 4 Furnishings 5 Miscellaneous Accessories 6 Interior Signage Bidder Hodkinson Torbensen Newport Beach Burt C. Gentle, Co. San Diego Bidder Hodkinson Torbensen Newport Beach Quality Cabinets San Diego Dynalectric BKM, San Diego Office Pavilion San Diego BKM, San Diego Eastman, San Diego Office Pavilion, San Diego Parron-Hall, San Diego Spector Design, Inc. San Diego Total Amount w/tax $ 51,194.15 $ 138,719.08 Amount w/Tax $ 61,205.07 $ 338,643.23 $ 149,335.62 $ 164,795.14 $ 186,534.58 $ 29,690.00 $ 2,660.73 $ 17,017.93 $ 43,674.47 $ 16.802.21 $1,200,272.21 section 7. The Mayor of the City of' Chula vista is hereby authorized and directed to execute said contract or and on behalf of the city of Chula vista. Presented by David Palmer, Library Director M:\shared\attorney\.ay24\libbid.res 3 /~...,/> fO;:Q city co r::: 0 (; .. ..., g' () ." c Q) .. .!;!l Cf) ]1 en <0: .... z UJ l{) .. ::; .il! :I: r::: (; () 0 .. <0: .'" .. () Q .. S u Q) .m u Cf) ::; <0: "<l" r::: e o +: iO .3 o .Y 'c Q) - - en {5 ~ <'J .>: r::: .. .g ~ () .. Q) .<: Cf) <f) C\J r::: .>: 0 E (; ..., .s ~ () .. Q) .. i:l ::l Cf) U U <( .,... 0; r::: .. 0 <ii '" - c .'" " 'S: (f) () 0 0; ..... Q) 0 .<: :l Cf) 3: <f) (f) Q) .,... a: r::: '" -0 0 t: ill ..., ~ () Q) .. Q) .<: L.. Cf) en ::J ~ C L.. ::J u.. III ..... (f) :> III ::J .s:::. 0 .s:::. ~ ..... Q) :l "0 0 "0 (f) 1i5 '" c '" .<: .!;!l ..J l<l 0 0 8 0 0 0 0 0 <ri a:i on M N 8l M. N 0 N N r- M a; CD .0 .0 .,. C') .,. - . . . . '" r- - '" 0 CD C') N .,. 0 a; <ri <ri ~ g oo !il :il "'. - CD ,..: .0 ai a; .,. C') CD oo . CD oo .,. oo - '" - 0 <ri M jg <ri .,. 2). C') N .,. <Ii ;;: .0 ai N oo C') C') C') C') . 8 0 0 <ri g '" oo C') m ai C') '" - . . . . . 8 ~ C') 8 8 8 0 - 0 g - l:i on N on ..,: 0 '" ;;: CD 0 '" N '" 0 oo C') ori ,..: m 0 ~ ..,: ,..: r- oo C') - CD oo C') .,. - C') N . . 8 :is 0 0 ..,: on 0 .,. r- '" '" "'. '" m a; M '" CD - 0 0 0 0 0 C! 0 on '" ~ ... ... CD r- ori ,..: i '" ... " c " - ~ ~ ci z ~ 8- .. " 0 >- u c 0 ." E " c .. L> ~ .. .. " 0 "' <0: '" c ;;;:- 15 0 "E .. 0 Ci5 .. z 0 <0: - -€ "" " <( .. 0 ." - - ~ ~ e- co "E c ~ 0 .. .. 0 "E 0 .. 0 .. ~ "' C 0 .. ::l 3: 'E .... 0 ::l 0 z :0 .. c "E .; 0 U ~ .~ C .... .s: 0 Gi <( 0 :s u :s .. " " ::l UJ C .m c c ('J 0 ..J " u :I: ui U 0 .!;!l " U 0 a- 0 L> ::l (; co " " " .g c '5 .: w w .~ en .g .. Ii t.i " .. - "' " x " "if!. iii E e .E " ~ " a: .. ::; - 'ii u ;R " '" Gi E "1 E c 0 " ~ :;: is - ~ 0 N .. :I: '" >- " ::l 0 - " ~ - ::l co 0. .. " <0: - <0: co 0 UJ co :I: '" 0 - a- 0 a: ril en > >- /~,/&, CJ) :2 CO Q) - '" r::: ~ Q) - <( . C') r- ,..: ;0 M ~ 8 ..,: ... '" m '" - 0 0 g "! '" oo '" .!! "E Gi .. ('J J: () .: - e " ~ ::l co a- .,. '" - N - - oo o " .. " .2 u 5 o c o .. X " .... (/) Z 0 ;= "" U 0: &i a. (/) ~ UJ UJ ::; ~ 2 8 0 (/) iii ::; UJ --' t:: <( UJ ;= a: ::; "" g a. . . ". ATTACHMENT B I t I I I- I ! ~ [. f , I I I I \ \ \ \ VI?UAL I S?Me:TfZ-! V Vlt::-W ~TAC~S L IbHTI HGr - I I I I \ \ \ \ .J I \ .' - ----=:; ~ - ///,/7 o . COUNCIL AGENDA STATEMENT Item J J Meeting Date 5/24/93 SUBMITTED BY: Resolution No. / 70/ 9 ~PProving Authorization of Outstanding Debt for Improvements in the Rancho del Rey and Price Club Partnership Director of Finance '3~ City Manager-Ji ~~ I (4/5ths Vote: Yes..x.No~ ITEM TITLE: REVmWED BY: During June 1993, an Agreement was entered into with the City for the Rancho del Rey Commercial Center and Price Club for the various public improvements that needed to be initiated at that time. Part of that Agreement was repayment of a loan in the amount of $1,892,000 which was a General Fund obligation of the City over a ten year period. RECOMMENDATION: That Council approve authorization to appropriate $340,560 from the General Fund Reserve in order for this payment be made in a timely basis. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: On November 24, 1992, Council held a public hearing relating to the conversion of the western 55 acres of the Rancho del Rey Employment Park to a Commercial Center and related regulatory actions including CEQA considerations. Council action included adoption of a Development Agreement with the applicant/developer of the Commercial Center for all portions of the site excluding the easternmost parcel designated for major Retailer C (price Club). Price Club entered into a Development Agreement [public Facilities Financing Agreement (PFFA) and Implementing Agreement] with the City prior to the issuance of the building permit. It provided for a three-way agreement between The Price Company, the City and the developer which stipulates benefits to Price Club and the developer as well as performance assurances to the City. The proposed agreement was submitted to Council and approved January 19, 1993. The City's obligations under this Promissory Note requires payment be made on the anniversary date of each year. Because of the lateness in the FY 1992-93, the payment was not incorporated into the FY 1993-94 budget. Consequently, the annual payment needs immediate action. This payment has been incorporated into the FY 1994-95 budget. Attached is a copy of the Amortization schedule. FISCAL IMPACT: Authorization is requested to appropriate $189,200 principal, $151,360 interest, for a total of $340,560 from the un allocated General Fund Reserve to Account No. 100- 0420-5527 (Debt Service Payment). F:/Finance/101.94 11'/ RESOLUTION NO. 1?L/9v RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AUTHORIZATION OF OUTSTANDING DEBT FOR IMPROVEMENTS IN THE RANCHO DEL REY AND PRICE CLUB PARTNERSHIP WHEREAS, during June, 1993, an Agreement was entered into with the city for the Rancho del Rey Commercial Center and Price Club for the various public improvements that needed to be initiated at that time; and WHEREAS, part of that Agreement was repayment of a loan in the amount of $1,892,000 which was a General Fund obligation of the city over a ten year period; and WHEREAS, the City's obligations under this Promissory Note requires payment be made on the anniversary date of each year; and WHEREAS, because of the lateness in the FY 1992-93, the payment was not incorporated into the FY 1993-94 budget and, consequently, the annual payment needs immediate action. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby appropriate $340,560 from the unappropriated balance of the General Fund Reserve to Account No. 100-0420-5527 for payment of outstanding debt for improvements in the Rancho del Rey and Price Club Partnershi Susan B. Merrill, Director of Finance r 01) Presented by M:\shared\attorney\.ay24\debt.rdr , City / Jr- r2 ~' PAONE CALLAHAN MCHOLM & WINTON LAWVEll8 1lO&CM.. CAI.l.NWt RlOiAAD J. 'OIT&R ROGEl! A.OIlA8lA 8USAN K. HORr _I!TH 0. JOHNIOI<I JOI.eif1.&lllt.. STIVIH A. McII1OI.M KAnutN CAIlOl'HDt 'AONE nlol 'AONI MMOlA tcUu.y DANI!!. K.lMllTON . M>> ,...,.,....,.,.or ~ -M80 AtM'ftIr)",,'JICIMt ~8.1m VIA FACmm.R (619/476-5310) Mr. Bedin Bosworth Chula Vista RedeveIopmmt Agency 276 Fourtlt Avenuo . Chula Vista. Callfomia 91910 RE: PrUle Club Promissory Note Dear Berlin: EnclOlled pet your request please find a copy of the elr""'ttlgn draft or tile l>romiao.ry Note which was uecuted by the City in favor of the Price Company (the "Note.) in acco.nlmoe with the temls of the Rancho del Rey Commctcial Center Public Padlltl.o. P"mancing and Implementation Agreement . PIke ClIIb. I do not have I pllotoc:opy of tbe fully elleCUted venion. There 8bouId be. copy in the City'. files. PIease note, that the Prk:e Company ia DOt enlitled to rec:eive paymeall IS yet. The earliest date a payment would be required is One year after the execulioo. of the Noce (panpph 3). It is my JW'ftJ1ection that the Note was uecuted at tile time of c10Ie or IICl'OW OIl tbe lnUlsfer of property fi:om McMillin to the Price Company. The Note also providea (paragraph 6. 1 (B)) that the City may defer payments WltiI the new Price Club opens tor bn~~, Althratgb interest on the debt will coatlnue to accrue. ~ Please call .me if you have any ""cJ1t\onal. questious reaardini the NOle. SiDcerely, .~ Man:Ia Scully 13llc1<mue CC: Bruce Boogwd, Psq. (w/o encl - Via PacslmIle) Mr. Chris SaIODIOIle (w/o Mc1 - VIa PacslmIle) Ma. Cheryl Dye (w/o eocl - Via F,M1mi1~) /1'3 _., U71U 2/2'd 19100 YON KAllMAN' 8th FLOOR. IRVINE. CAUFQANlA 8l!7111 . 714<<15-2800 . MX: 711 95!1 S009 POST OFFICE BOX 19613 . IRVINE, CALFOANlA &2113-9613 J.a:l>l EG. El0 d3S / \1' Ii: ! ~ .E 1 w + Ms;! gllt ~::s ..... ~NC" C(J);CD o (I)~ >>; -0 - ~ .~ . ~ >. :H .... ~. 8~ li ~~Mt' f' fOf! 2.. ! ~'O~t '01101 ...Bo f tL..__ !z w ~ ~ ... ;: o ... ~~- i5~lf i5~ o"'w w"'!:1 ::>il!", a: WoO l:l!z", -<_co ..."' ",!z ll!~ W> !~ ...... "'-< w::> Ilia: !zl:l --< ... "f z- -u Oz z_ wf !!iii ~o!z __w !f~~ ii:-<~ ...... -<f z- -u !:2z ~ii: ... '" ... o ... ... ffl Ili ! ... f ~ ii: ~8 ..,., ~S 0.... N'.....' go ~ - 10 - 02 ~ - 10 00 ., ~ - 10 - 8~ N N' 0)0 co, ....., - - 88 00 NN' 0)0) <<t<<t - - 100 ., .., . ... .. o o ~ <ot ~ .., g ., o w :! ;:: .., 0) - <ot g ., o - ~ o co '10 ~ o ., ~ - 10 - 8 N 0)' ., s ~ 0) ('I)' .., - ~ .0" - <ot 0 N N .; .., ::; o ;r N N .; .., ::; <ot 0 N N .,' .., - o 0 o 0 ., <0 N" M o _ ~~ - - 8 N ,.; ., ::; 8 8 <Xl <Xl N" N o 0 ,...... r-:. - - 10 0 ., .., 10 ~ .., g ., o .. 0) - .. g ., o N 't. N <ot ,. 10 N .., .. N N .,' .., - o o N 0)' <Xl ~ ~ ~.. ~ CD.. C"l - - '" 0 <Xl O. OJ - <Xl 0 <Xl q - N - .. .. N .; - .., <Xl <Xl q - N 8 N ,.; <Xl ~ ~ 0.0 ~ ~ - - N 0 10 0) 10' o - 0; <Xl q - N ::; N 0 10 '" ..; o - g ~ ~ ~ M:""" .." to ..... N N ('I) llt M.. ~ r:. ......... ......... 8 N ",' <Xl ::; 88 <0 ., M M" J',- .... ~"t - - 10 0 <0 .., ., ~ .., g <0 o 10 Il1 .. g ., o M ~ ,.; <Xl ::; ~ ~ ..' ..; N N pt <'t - - 10 0 ., .., .... ~ .., g ., o ., 0) ~ ., o .. N 10 - ..; '" N N 10 '" ..; o - 8 N 0)' <Xl - ~8 tOe N<ot ~'" - "0 - <Xl .; '" N 10 '" ..; o ::; .,0 - <Xl .; '" .. - o .; l!l ., - <Xl .; '" 8 N ,.; '" 08 :l ., ":,0 N lD q.... - 00 ., ., lD' .... 0; - ., o' e 00 :l ..; .... ~ 8 8 ~ llic CD"'; M"It .. '" ",:0) m,... - 8 N ,.; ., ::; ~ ,.; ., ::; ~ ~ g 8 10" lD" fD" c" M M "'It.. ....... m CD - - 10 0 &D 0 ., ., .., .., ., '" ~ e .., .., g g <0 ., o 0 .... ., e e ~ ~ ., ., o 0 .. . //~i o .. .. i N o :l ..; .... ~ ,.; ., - ~. ,... ~ l'r .. ~ N ~ 10 g 8 N ,.; ., - ~ ~ 8 ~ ,.:,..: c.;.; .... C) ........ COlD CD(f) ~ 0 lD o' ., o :l ..; t:: ~ 0 lD g '" 0 o <ot ..; <ot ; 10 ~ ~ 0 ..; <ot r...... ;.:::~:)/:.? N .. ~ ..; <ot ~ ,.; ., - ~ ~ ~~ NO .... N .; .., ~ ..; ~ N 0 .... N .; .., ~~ ~~ ~~ fD""':"':<<i .om IDCO CD,.... "00 ".0 10M M_ 8 N ,.; '" ::; 8 8 ., ., co" to 10 lD ,... .... lD 0 ., .., ~ .., g 8 '" e ... g ., o .. ~ ,.; ., ::; 8 N ,.; '" ::; ~ ~ ~ ~ ,..:,..: ';"j CD C) ....,... 1010 MM lD 0 ., .., ~ .., g 8 ~ <ot g ., o . lD 0 ., .., N g .., g ., o ~ ., o . ..~. '1 g- '. 'N N .... N .; .., 8 N ,.; '" - ., 0 ... .., 'i N ., 0 ... - ..; - N ,... N .; ~ ., 0 ... - ..; '- 80 N ,.; <Xl - ~ ",' ., ::; 88 N N m"; '" .. - - lD 0 ., ... ~ ... g ., o N ~ ., o o - ., ... - ..; - 6 .. <ot .. N ."'"' '.~ j:i ." ... 8 N ,.; ., - :lll ':to :i~ G .., - ..; ::; 8 N ,.; .. ::; . . . COUNCIL AGENDA STATEMENT ITEM TITLE: Item 1"'- Meeting Date 5/10/94 Resolution J 7 ~~:J. Accepting bids and awarding contract to Southwest Signal Service for the traffic signal installation at Gotham Street and Otay Lakes Road in the City of Chula Vista and appropriating funds. . .. / Director of Public Wor~ l}fII City Managerj~ ~ @ (4/5ths Vote: YesXNo-> SUBMITTED BY: REVIEWED BY: BACKGROUND: On April 20, 1994, the Director of Public Works received sealed bids from four (4) electrical contractors for the installation of traffic signals at Gotham Street and Otay Lakes Road. The low bid of $79,361 was received from Southwest Signal Service. The low bid is below the Engineer's estimate of $86,970. Staff has reviewed the low bid and recommends awarding said contract to Southwest Signal Service in the amount of $79,361. RECOMMENDATION: That the City Council appropriate $18,800 from the unappropriated Traffic Signal Fund balance, accept the bids and award the contract to Southwest Signal Service in the amount of $79,361. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The traffic signal installation at Gotham Street and Otay Lakes Road was approved and funded in the 1993-94 Capital Improvement Project (CIP). The work to be done includes the installation of traffic signal standards, loop detectors, controllers, Emergency Vehicle Pre- emption (EVPE) System and other signal equipment necessary to affect an 8-phase signalized intersection. Also incorporated in this project is the construction of two (2) new bus shelters requested and funded by the Chula Vista Transit. On April 20, 1994, the Director of Public Works received bids from four (4) qualified electrical contractors as follows: 1. 2. 3. 4. Southwest Signal Service Lekos Electric, Inc. MCR Electrical Contractors, Inc. Select Electric $79,361 83,620 88,971 98,590 I~"/ . . . Page 2, Item );.. Meeting Date 5/10/94 Chula Vista Transit is proposing to fund the installation of two new shelters, benches and trash disposal containers to be installed on the east side of Otay Lakes Road south of Gotham Street as part of the Traffic Signal Construction for a cost of $6,291. Funds are available in Chula Vista Transit fund. The low bid of $79,361 subJ;l1itted by Southwest Signal Service is below the Engineer's estimate of $89,970. The total construction cost is $100,091, which includes $7,930 for contingencies plus $12,800 for the separate purchase of the signal controller and cabinet and independent equipment testing services. In addition, there is an additional $25,000 in staff costs for design, inspection, and contract administration bringing the total project cost to $125,091. Since $100,000 was budgeted for this project in the FY 93/94 CIP budget and $6,291 is being made available from transit funds for this project an additional $18,800 needs to be appropriated from the Traffic Signal Fund. Staff recommends that a contract be awarded to the low bid, Southwest Signal Service for a cost of $79,361. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt under Section 15302, Class 3 (new construction or conversion of small structures or the location of limited numbers of new, small facilities or structures). FISCAL IMP ACT: The annual maintenance and energy costs for a traffic signal is estimated to be $2,000. The source of capital funding for this project is Traffic Signal and Transit Funds. No prevailing wage requirements were necessary or a part of the bid documents. Funds Reauired for Proiect A. B. C. D. Contract Amount Contingencies (approx. 10%) Controller Purchase and Testing Design, Inspection, and Administration TOTAL $79,361 $ 7,930 $12,800 $25.000 $125,091 Funds Available for Construction A. B. C. Fund 600 - TF154 CV Transit - Fund 402 Additional appropriation from Fund 600 TOTAL $100,000 $ 6,291 $ 18.800 $125,091 ZOIFile No.: BR-oS7 WPC M'h....\enginocNSonda\IS74.94 J~" .2. RESOLUTION NO. /?L/r.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO SOUTHWEST SIGNAL SERVICE FOR THE TRAFFIC SIGNAL INSTALLATION AT GOTHAM STREET AND OTAY LAKES ROAD IN THE CITY OF CHULA VISTA AND APPROPRIATING FUNDS WHEREAS, at 2:00 p.m. on April 20, 1994, in Conference Room 1 in the Public Services Building, the Director of Public Works received the following sealed bids for the installation of traffic signals at Gotham Street and Otay Lakes Road. 1. Southwest Signal Service 2. Lekos Electric, Inc. 3. MCR Electrical contractors, Inc. 4. Select Electric $79,361 83,620 88,971 98,590 WHEREAS, the low bid by Southwest Signal Service bid is below the Engineer's estimate of $86,970 and staff recommends awarding contract to Southwest Signal Service; and WHEREAS, in order to award the contract to the apparent low bidder, it is necessary that Council appropriate $18,800 from the unappropriated Traffic signal Fund balance and reappropriate $6,291 from Chula vista Transit Fund; and WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt under section 15302, Class 3 (new construction or conversion of small structures or the location of limited numbers of new, small facilities or structures). NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby accept said four bids and awards the contract for the traffic signal installation and for the construction of two bus shelters at Gotham Street and Otay Lakes Road to Southwest Signal Service in the amount of $79,361.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $18,800 from the unappropriated balance of the Traffic Signal Fund 211 to Account 600-6005 TF154 and reappr p iates $6,291 from Chula vista Transit Fund 402-4020-52Q3 to Acyo t 402-40 TF154. . John P. Lippitt Director of Public Works I,). " .3 Presented by COUNCIL AGENDA STATEMENT Item ):J Meeting Date 5/24194 ITEM TITLE: Resolution 170/ 9 7 Reappropriating of funds, Accepting bids and awarding contract for "Rohr Community Park, Phase III" (PR- 180) in the City of Chula Vista, CA SUBMITTED BY: Director of Public Worksfit' ~ Director of Parks and IfC{eatf~ REVIEWED BY: City Manager0~ 'b~ (4/5ths Vote: YesXNo_) At 2:00 p.m. on Apri127, 1994, the Director of Public Works received sealed bids for "Rohr Community Park, Phase III" in the City of Chula Vista, CA (PR.180). The work to be done consists of play ground area improvements, concrete walkways and miscellaneous landscaping. RECOMMENDATION: That Council approve the resolution: 1. Reappropriating $25,000 from PR166, Rohr Park, Phase II, to PR180, Rohr Park, Phase III, and 2. Accepting bids and awarding contract to the low bidder, Court Concepts, in the amount of $104,347.22. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for the Rohr Community Park, Phase III project (PR.180) were included in the 1993.94 ClP budget (see Exhibit A). This is the third phase of the City's comprehensive plan for the improvement and upgrading of Rohr Community Park (see Exhibit B). Originally, $100,000.00 was appropriated in FY 93.94 CIP for the Rohr Park, Phase III improvement project. Approximately $5,000 was spent by staff to prepare construction drawings and bid specifications, leaving $95,000 for actual construction. The budgeted project proposes to relocate the park's main playground area to a prefered site, construct a new playground area and install new play equipments. However, to comply with the Americans with DisabilitiesAct, pathways and resilient surface for accessibility were added to the project. These additional improvements, required by ADA, increased the project cost. The Park and Recreation department has unencumbered $25,000 available from the recently completed Rohr Park, Phase II project (PRI66) that could be reappropriated to cover the additional Phase III project costs, contingencies and staff inspection. Environmental Status The City's Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, Section 15301 "Minor Alteration" of the California Environmental Quality Act. 11"'/ Page 2, Item I;J Meeting Date 5/24/94 Bid Results This project was advertised for competitive bidding beginning March 19, 1994. During that period, plans were purchased by several contractors and on the bid opening date, bids were submitted by nine contractors. The bids received are as follows: ~ 'ii 2ili ~.............................<...............~...................... ........B!4.~..... 1. Court Coucepts - Santee $104,347.22 2. Basile Construction Co. - San Diego 107,494.20 3. Castello, Inc. - Escondido 108,000.00 4. Western Contracting Co. . Carlsbad 110,000.00 5. Carolyn Scheidel. La Mesa 118,380.00 6. Adams Builders, Inc. . Chula Vista 121,678.52 7. Heffler Company, Inc. . San Diego 133,142.40 8. L.R. Hubbard Construction Co. - San Diego 135,242.16 9. Gypsy Queen, Inc. 138,031.32 The low bid by Court Concepts is below the engineer's estimate of $115,652 by $11,305 or by 9.8 %. Staff has conducted a background check and past performance evaluation and determined that Court Concepts has the resources to complete the project on schedule and within budget. We have reviewed the bid and recommend awarding the contract to Court Concepts. Attached is a copy of the Contractor's Disclosure Statement. FINANCIAL STATEMENT: The source of funding for this project is the Park Acquisition and Development fund. No prevailing wage requirements were necessary or part of the bid documents. However, disadvantage business enterprises were encouraged to participate and the project was advertise with several DBE publications per the City's outreach policy. ...................~..~PUO~;PJi'QBPQN$'fBt.1li'l.'J,tl:QN....... 1. Contract Amount $104,347.22 2. Contingencies (10%) 10,435.00 3. Inspection Staff 5,217.78 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $120,000.00 .....~$ii4,y.\tL1\B]jE.l!'OR....(j()i\isTllPq'.~~..... 1. PAD Fees PR-180 $95,000.00 2. PAD Fees PR-I66 $25,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $120,000.00 13 ~).. Page 3, Item / 1 Meeting Date 5/24/94 FISCAL IMPACT: The proposed action will authorize the expenditure of $95,000 from the CIP project PR-180 and the reappropriation of $25,000 from CIP project PR -166 to CIP project PR -180 for the purposes of executing the contract and covering related staff costs. The play area improvements will require routine city maintenance amounting mainly to periodic cleaning. SA:JR-081 Attachments: Exhibit A - CIP Detail Sheet Exhibit B - Project Site Location Map Contractor's Disclosure Statement NOT-Se.ANNED WPC M:\homc\engineer\agenda\rohrili.oon 13-.1 /3-1- RESOLUTION NO. Iii.! "7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAPPROPRIATING OF FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT FOR "ROHR COMMUNITY PARK, PHASE III" CPR-1S0) IN THE CITY OF CHULA VISTA, CA. WHEREAS, at 2:00 p.m. on April 27, 1994, the Director of Public Works received the following nine sealed bids for "Rohr Community Park, Phase III" in the City of Chula vista, CA: 1. 2. 3. 4. 5. 6. 7. 8. 9. Court Concepts - Santee Basile Construction Co. - San Diego Castello, Inc. - Escondido Western Contracting Co. - Carlsbad Carolyn Scheidel - La Mesa Adams Builders, Inc. - Chula Vista Heffler Company, Inc. - San Diego L.R. Hubbard Construction Co. - San Diego Gypsy Queen, Inc. $104,347.22 107,494.20 108,000.00 110,000.00 118,380.00 121,678.52 133,142.40 135,242.16 138,031.32 WHEREAS, the low bid by Court Concepts is below the engineer's estimate of $115,652 by $11,305 or by 9.S% and staff has conducted a background ch~ck and past performance evaluation and determined that Court Concepts has the resources to complete the project on schedule and within budget and recommends awarding the contract to Court Concepts; and WHEREAS, the city's Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, section 15301 "Minor Alteration" of the California Environmental Quality Act; and WHEREAS, the source of funding for this project is the Park Acquisition and Development fund and no prevailing wage requirements were necessary or part of the bid documents, however, disadvantaged business enterprises were encouraged to participate and the project was advertised with several DBE publications per the City'S outreach policy. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept said nine bids and award the contract for "Rohr Community Park, Phase III" to Court concepts in the amount of $104,347.22 to be completed in accordance with the specifications approved by the Director of Public Works. 1 - \~ -.,5 BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. BE IT FURTHER reappropriated from PR166, Park, Phase III. Presented by John P. Lippitt, Director of Public Works M:\shared\attorney\.ay24\RohrIII.res RESOLVED that $25,000 is hereby Rohr Park, Phase II, to PR 180, Rohr 2 \"3>-" J O::[) City i E .g. " i ~ i .. .. E .11 Q. 5 "5 en i ~ ~ :!: 0) 1: i!: fi ~ .. a: .,. ::; i! "t:I .. c: .. Q.. N = .5 .. I! .. 1Il" c: ! ~ ! s - c "5 .2 m! -g II en i >-.. c: -[ ~ 8 ! ). ~ : .w j it -g .."t:I "5 :2 !sri CD ~ ~ lO i ~ "tj v;; 6- =fi 2 }'ci 15 0 ! ~! ~ z 8 .10 - -5 'tIm"" i. .5 · - ")(:::3 . CD" C = CD c .~ - ~I ill ;I~ ~ 1ic: 6: ! .il:iii ell 1.1-7 lit lit I ,:. I - t: lit lit Ii; i - I t: lit lit c: I .J oJ. 11 I - t: 1... lit lit ;'if ! ill. I - ... Ii: t: e Iii III -' 0 ~ ""~ lit 0 ~- ~" ~- ~. ~. ~ c ! ::E Dffi~ .. Ii ... 8 8 8 c 0li!2 I ;; ;; ;; cO: -'''' - ti8 I~~ t: -0: >11. a... ~~ Olffi lit 0 ~ ~. ~ ~ ~- ~ DW ~'" .,; Ii ... 8 8 8 ...::E ~crca: ;; ;; ;; o~ l-a:"'~ t:i 0"'''>- ...0", "'''' ull. tj!: ! c ... itl' c lit 0 ~ ~" ~ t: 2~ II. .,; ... ~ Ii alS "z IE g:'" i 1 !!l ~ . ;!: \ ~ ~ Cl z <3 z c j z all it al go ~ ~ "i i it :~ .E Ii ~ i1 .j ! " ! Iii '" co ~ ... !C .5!' 8 1 ~ m ... ! ! I ": I i"~ ~ c ~ !i~ft -' - - 2i .,; ! ... EXHIBIT A i &l ..... ! li I l I l EXHIBIT "B" -- . i ~' . '0 ~ w ~ ~ a.. <( z Q. ~ w ~ ~ Z ~ ~ 0 - ~ i 8 - < ~ ~ u 9 w t- - en U w ...., 0 . ~' . L. a... IJ'~ THE em OF CHUI..A VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interesls, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commissior, and all olher official bodies, The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g" owner, applicant, contractor, subcontractor, material supplier, Mark J Copeland 2, If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership, NA 3. If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or lis trustee or beneficiary or trustor of the trust. NA 4. Have you had more than $250 worth of business transacted with any member of the _~ity staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes_ Nd'_ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represenl you before the City in this matter. Mark J Copeland 6. Have you andlor your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes_ NoL If yes, state which Council member(s): · · · (NOTE: Attacb addltioDal ~~ ~ Signature of contractor/applicant Mark J Copeland Date: 4/27/94 / j.... 7 Print or type name of contractor/applicant . Penon i.( defined as: MAny individual. firm. co-partnership.)aint VfntUrt. association. social dub. /rattmal organiution. rorporation. tstOll. trust, rKf;Vtr. syndicate. thi$ and ~htr county. city and rountry. city municipality. district. or othtr politiCd/ subdivtsion. OF any other KrouP Of' combination artin8 as a unit: COUNCIL AGENDA STATEMENT Item !.1...- Meeting Date 5/24/94 ITEM TITLE: Report on Eastlake Affordable Housing Task Force Appointments Director of Plannin~~ S ' Director of Community J\e~elopment L, City Manage~ ~~\ (4/5ths Vote: Yes_No.lO SUBMITTED BY: REVIEWED BY: On December 14, 1993, the City Council approved a General Plan Amendment for a portion of the Eastlake planned community. In conjunction with their action on this matter, the Council agreed to consider formation of an ad hoc affordable housing task force to assist in the creation of an affordable housing implementation program for the Eastlake planned community. On April 12, 1994, the City Council approved a program statement for an Eastlake Planned Community Affordable Housing Task Force, as well as the composition of the task force, and directed staff to solicit nominations for final approval by the City Council. RECOMMENDATION: It is recommended that the City Council approve the proposed membership of the Eastlake Planned Community Affordable Housing Task Force. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In conjunction with its action on this matter on April 12, the City Council directed staff to solicit nominations to the Eastlake Planned Community Affordable Housing Task Force, to be selected as follows: 1) Residents of Eastlake (2 members) - request Eastlake I Community Association Board of Directors and Eastlake II Community Association Board of Directors to each nominate a representative (this representative could be either a Board member or other interested resident) ; 2) Eastlake DeveloDment ComDanv (2 members) - request Eastlake Development Company to nominate representatives; 3) Planning Commission (1 member) - request the Planning Commission to nominate a representative; /4-,/ Page 2, Item JL Meeting Date 5/24/94 4) Individuals versed and knowledgeable in affordable housing (2 members) - request Community Development Department staff to solicit names from two or three local or regional housing providers. In response to this direction, staff solicited nominations, and has received the following: I) Residents of Eastlake: '. Gary Bloch, representing the Eastlake I Community Association James Kell, representing the Eastlake II Community Association 2) Eastlake Develooment Comoanv: Bob Santos and Bob Snyder 3) Planning Commission: John Moot 4) Individuals versed and knowledgeable in affordable housing: " J. R. de Jesus Chantengco, Housing Advisory Committee , Dan Marcus, South Bay Community Services In addition, the Planning Department and Community Development Department have assigned Ed Batchelder, Associate Planner, and Juan Arroyo, Housing Coordinator, as staff liaisons to the Task Force. The first meeting of the Task Force is planned for June 6, at which time the Task Force will be asked to approve an overall schedule. Staff will keep Council informed regarding this schedule and provide periodic progress reports regarding the activities of the Task Force. FISCAL IMPACT: Planning Department staff time spent on this project will be reimbursed by the Eastlake Development Company through a development processing reimbursement agreement and deposit account. Community Development Department staff time will be charged to Redevelopment Low and Moderated Income Housing Funds, at an estimated cost of $3,000 to $4,000 to those Funds. (F: \home\planning\elafappt. all) /Lf--z COUNCIL AGENDA STATEMENT Item IS; Meeting Date 5/24/94 ITEM TITLE: Report: Implementation of the Endangered Species Act Special Rule 4( d) for the Interim Habitat Loss Approval Process Director of Planning gt City ManagerJ~ ~@ (4/5ths Vote: Yes_No.1L) Last year the Federal Department of the Interior adopted the Special 4(d) rule regulating the habitat "take" of the California Gnatcatcher. This Special Rule links protection of the bird to the California Natural Community Conservation Planning (NCCP) process. Prior to the preparation of an overall NCCP plan, the process allows the "take" of up to 5% of Coastal Sage Scrub (CSS), which is the habitat for the Gnatcatcher. During the past several months City staff has been working with staffs from throughout the region to develop a process to allow local agencies to implement this "take" process. The following report provides further information regarding implementation of the 4(d) rule by the City including the issues associated with the City adopting a local "4(d) rule" ordinance. SUBMITTED BY: REVffiWED BY: RECOMMENDATION: That the City Council direct staff to work toward resolving the issues identified in the staff report, including working with the U. S. Fish and Wildlife Service, California Department of Fish and Game, and County of San Diego to revise the jurisdictional allocation formula for interim take for Chula Vista, based on General Plan area or other acceptable method; and direct City Staff, after resolving the issues, to draft an ordinance for implementation of the SpeciaI4(d) rule at the local level. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Backl!round On March 25, 1993, the Federal government listed the California gnatcatcher as a threatened species under the Endangered Species Act (ESA). Typically, any "take" (harm or harassment) of listed species is strictly regulated by the U.S. Fish and Wildlife Service (USFWS), through ESA Section 7 or 10(a) permits. A Section lO(a) permit is issued by the Service for a "take" on private property when there is no substantial Federal involvement (I.e. a Federal permit). Ir--I Page 2, Item J {"" Meeting Date 5/24/94 Section 7 is a consultation process with the Service for Federal projects or private projects that require other Federal permits such as a 404 permit which is issued by the Army Corps of Engineers for alteration of watercourses. In the case of the California gnatcatcher, the USFWS signed a unique Memorandull) of Understanding with the State of California Department of Fish and Game (CDFG) to cooperatively develop conservation strategies for long-term protection of coastal sage scrub (CSS), which is the habitat for the gnatcatcher and other sensitive species. The State's Natural Communities Conservation Planning (NCCP) Act, passed in 1991, and its ensuing NCCP program, have outlined habitat conservation strategies in two sets of guidelines: NCCP Conservation Guidelines, and NCCP Process Guidelines, both finalized in November, 1993. On May 2, 1992 the City of City Chula Vista enrolled in the NCCP. By enrolling in the NCCP, the City agreed to join in the collaborative planning process to conserve long-term viable populations of the State's native animal and plant species by providing interconnected open space areas while allowing compatible and appropriate development and growth. On August 24, 1993 Resolution Number 17229 was adopted by the City Council, approving the Resolution of Intention (ROI) to participate in the San Diego Multiple Species Conservation Program (MSCP) Plan. The ROI confmned Chula Vista's continued participation in the MSCP and the future conservation planning efforts for the California Gnatcatcher and other potentially threatened and endangered species. The implementation of the Endangered Species Act and the NCCP is a two step process. The fIrst step is the interim protection of CSS habitat through the Special 4( d) rule and the second step is the adoption of the permanent conservation plan (MSCP). The MSCP is the functional equivalent of the NCCP. By the previous actions taken by the City to enroll in the NCCP and adoption of the ROI, we are part of the regional habitat conservation planning process and staff is working actively toward its adoption. On December 10, 1993, the USFWS formalized its relationship with the State's NCCP effort by publishing the fmal Endangered Species Act Section 4(d) special rule, effective on that date. The 4( d) rule allows local jurisdictions to approve "incidental take" of gnatcatcher habitat up to a cumulative 5 percent loss of CSS during the period of time that subregions of southern California are preparing conservation plans consistent with the NCCP program. Individual project CSS loss is only permitted if a mitigation plan is approved. The interim loss allowed through the 4(d) process can be approved only through procedures outlined in the NCCP Conservation and Process Guidelines. These procedures are intended to be integrated into the normal local land use process. Among other requirements, the NCCP guidelines contain several findings that must be made by the City in granting the "interim loss permit. " 1~'2.. Page 3, Item / ~ Meeting Date 5/24/94 It should be noted that without a jurisdiction adopting a speciaI4(d) rule process, incidental take of listed species must be considered through ESA Section 10(a) on a case-by-case basis by the USFWS, in a sometimes multiple-year process involving the preparation of Habitat Conservation Plans by individual applicants. If there is a federal nexus, such as granting of another Federal permit (Le. Section 404 permit), Section 7 can be used. These processes remain available to applicants who do not elect to use the 4( d) or in the case of a jurisdiction that does not adopt a 4(d) rule. Coastal Sage Scrub Habitat in Chula Vista The region of San Diego, which encompasses San Diego County, has a total of 227,437 acres of Coastal Sage Scrub (CSS). Within the corporate boundaries of Chula Vista there are 2,143 acres of CSS. The 4(d) Rule allows for an interim "take" of 5% of the habitat. The interim period will end with adoption of the NCCP which is anticipated to take at least 18 to 24 months. Staff has met with the City's large landowners and the Special Districts that are within our General Plan area. Based on the information they provided as to their needs in the next two to three years, it is anticipated that approximately 300 to 350 acres of "take" may be needed during the interim period to accommodate projects within the City, as well as approximately 100 additional acres for projects outside the City but within our General Plan area. (Please note that these estimates do not include information for Otay Ranch or Salt Creek Ranch, which will be provided by the Baldwin Company prior to the Council meeting.) By way of comparison, if the City's interim take allocation were limited to 5% of the existing CSS habitat within the City, the total allowable take would be approximately 107 acres. Attached is a sununary of the anticipated projects and their planned "take" of CSS habitat. Should Chula Vista Imolement the 4(d) Rille? The following discussion addresses the positive and negative aspects of the City assuming the responsibilities set forth in the NCCP Process and Conservation Guidelines, specifically, adoption and implementation of the 4(d) rule at the local level. There are several issues that must be addressed in determining if Chula Vista should implement a local 4(d) rule. The advantages and disadvantages are detailed below. ADVANTAGES TO ADOPTING AND IMPLEMENTING A LOCAL 4(d) RULE 1. Local Control of Land Use Decisions. Implementation of the 4(d) rule would allow the City to approve "incidental take" of the gnatcatcher up to a cumulative 5 percent loss of CSS. Should the City choose not to assume this responsibility, during the interim period prior to adoption of an NCCP, applicants wishing to develop property supporting the gnatcatcher would only be able to /S.3 ,- Page 4, Item )~ Meeting Date 5/24/94 do so if they received approval from the Federal govermnent under Sections 7 or 10(a) of the Act. A major advantage of a local rule is that it would allow the City to decide which projects can proceed during this interim period, and work directly with property owners to coordinate take permits with other plan approvals. 2. Timeframes Should the City of Chula Vista adopt and implement a locaI4(d) rule, the City would be able to develop its own implementing procedures. The amount of time that would be required for the City to take action on an application for loss of CSS habitat ("habitat loss permit") will depend on where a project is in the planning and approval process at the time of application for such habitat loss permit. However, it appears that a maximum of 75 days would be required for the City to issue such a permit, in accordance with State guidelines. With regard to the Federal permit process, the USFWS is mandated to conclude the Section 7 consultation process within 90 days of determining if the biological assessment or other information is adequate and an additional 45 days to write the biological opinion. This would result in a 135-day process. However, there is no limit on the amount of time that can be required by the USFWS to determine that either the biological assessment or other biological information is adequate in order to begin the consultation process. The Service indicates that there is not a mandated timeline for processing a Section 10(a) application. Federal enviromnental documentation, which would be required as part of the Section 10(a) process, usually takes 3 to 12 months to complete. The Service must also undergo an internal Section 7 consultation process. The Service indicates that 10(a) permits for very small and non-controversial projects (e.g., projects which involve minimal take of occupied CSS habitat in an area not being considered for inclusion in a permanent preserve system) can be processed in about six months. However, larger, more controversial projects can require several years. Locally, the Least Bell's Vireo Habitat Conservation Plans for the San Diego and Sweetwater Rivers were initiated approximately six years ago and have yet to receive approval. In summary, while the local interim take process may require up to a 75 day review period, this is significantly shorter than the Federal permit process. UNRESOLVED ISSUES RELATED TO THE ADOPTION OF A LOCAL 4(d) RULE 1. Occuoied vs. Unoccuoied Coastal Sal!e Scrub. The Endangered Species Act only regulates impacts to listed species (i. e. the California Gnatcatcher). While the ESA provides for a process whereby critical habitat for the species can be designated, this is. , l./ Page 5, Item ) ~ Meeting Date 5/24/94 process only affects federal project approvals, and has not been utilized in the case of the gnatcatcher. Thus, prior to adoption of the Special Rule, only projects which contain occupied habitat are required to obtain permits under Sections 7 or 10(a) of the Act. The Special Rule changes this result by referring to the Natural Community Conservation Planning process which regulates gnatcatcher habitat (coastal sage scrub) whether occupied by the species or not. The City's data base is not sufficiently detailed to determine the nwnber of acres of occupied vs. unoccupied habitat. However, data collected by the consultants for the Multiple Species Conservation Plan (MSCP) indicate that approximately 20% to 50% of the Coastal sage scrub located within their study area may not be inhabited, or suitable for habitation, by the gnatcatcher. Implementation of the Special Rule would impose regulations on unoccupied habitat that would not be imposed under Sections 7 and 10(a) of the Act, thereby requiring an additional permitting step and mitigation for habitat that is not occupied by the species. 2. Risks Inherent in the Citv ImDlementing the Section 4(d) Rule. Under the Endangered Species Act itself (in the absence of the Section 4(d) Rule), the City would not playa primary role in implementing the Act on private projects. If an applicant proposed to "take" gnatcatchers, that applicant would be required to obtain permission (under either Section 7 or 10[a] of the Act) directly from the USFWS. The USFWS would be the lead agency for all permitting and enforcement actions. The Section 4(d) Rule, by referring to the NCCP Process Guidelines as an alternative method of permitting a "take" under the Act, alters the above operation of the Act in two significant respects: First, as noted above, the Guidelines expand protection of actual gnatcatchers to protection of the coastal sage scrub habitat, thereby having a potential effect of increasing the nwnber of development projects subject to this new regulation. Second, the Guidelines create a significant new role for local agencies, giving them responsibility to issue "Habitat Loss Permits," with the attendant duty to determine whether the amount of loss proposed is permissible under the Conservation Guideline standards. By allowing local governments to assume these responsibilities, local implementation of the 4 (d) rule would place the City (rather than the federal agencies) in the "front line" position of issuing approvals and denials of the habitat loss permits, with all the consequences which may flow from such decisions. It can be expected that, due to the Conservation Guideline limitations on the amount of coastal sage scrub habitat which may be impacted, denials would occur in certain cases where the Act itself would not directly have applied because of the absence of gnatcatchers. Such decisions by the City to deny I~~ Page 6, Item / r Meeting Date 5/24/94 habitat loss permits, or to impose conditions, may well be legally challenged by applicants, based on real or perceived loss of property rights, while decisions to approve permits may be challenged by third parties. Given these risks, if directed by the City Council to do so, we would work with the City Attorney's office to obtain some sort of indemnification from the Service for the potential liability related to this issue. 3. Jurisdictional Allotment Formula. Because the City of Chula Vista is part of a larger region in which gnatcatcher habitat is found, there are several issues associated with implementation of the 4(d) rule at our local level. These issues are outlined in an attached letter, dated April 25, 1994, to Gail Kobetich with the U.S. Fish and Wildlife Service. These issues include the allocation of the regional 5% take under the 4(d) rule, specifically how much of the total regional take will each agency be allowed to use, and who will make that determination. The major issue is the selection of a formula for allocating the acreage of interim habitat take to local jurisdictions. Both the City and County of San Diego, as well as several other cities, have favored an allocation formula which is based on directly calculating 5 % of the total Coastal Sage Scrub habitat within each jurisdiction. With the City of San Diego currently considering adoption of a Special 4(d) Rule ordinance that is based on the jurisdictional take allocation, and with the County having adopted an urgency interim ordinance for implementation of the 4(d) rule, also based on the jurisdictional allocation, it appears that there may be de facto acceptance by the other cities in the County of this allocation formula. As noted earlier, there are several potential projects in Chula Vista and its General Plan area involving CSS take, with total acreage of at least 400 to 450 acres potentially being estimated during the interim period. However, under a strict jurisdictional take formula, Chula Vista would only have approximately 107 acres available for allocation during this period. In order to accommodate reasonable projections of development during this period, staff has considered alternative allocation formulas which are more directly related to consideration of habitat quality and locations of planned urban development within the overall subregion. One specific alternative which staff feels has particular merit is one wherein the City's General Plan Area, rather than its jurisdictional boundary, would be utilized in calculating the available take. This approach would provide greater flexibility to the City, resulting in the availability of up to 1,000 acres on an interim basis. We have begun discussions with the resource agencies and the County of San Diego regarding this concept and others. The most inunediate project that Chula Vista has coming forward that could be affected by the 4( d) rule is Rancho del Rey SPA III. McMillin has expressed a desire to staff to be able to begin grading by September of this year. To that end McMillin has been pursuing negotiating directly with the Service to determine what mitigation will be IS"... G. Page 7, Item / ~ Meeting Date 5/24/94 required for them to implement this project. It appears that McMillin will be purchasing a large portion of O'Neal canyon, located south of Otay Valley, between the Donovan Correctional Facility and Otay Mesa County Jail, to satisfy their off-site mitigation for the loss of gnatcatcher habitat. This purchase represents a substantial cost to them. Although other projects in Chula Vista have not progressed to that point as yet, it is likely that others will have similar types of investment in mitigation land that McMillin does. 4. Special Districts. Special Districts, such as water districts and school districts, are often not required to get City discretionary land use approval for their projects. Therefore, a Special District could conceivably use all or a portion of a local agency's jurisdictional "take" allotment without approval from the affected local agency by going through the Service for a Section lOa permit, or if appropriate a Section 7. The City of Chula Vista does have the opportunity to comment during the environmental process on improvement projects that the various Special Districts within our jurisdiction are proposing. If the City adopts a local 4(d) rule, a Special District could go through the City for approval of a "take" for projects within our boundaries, rather than using a Section lO(a) or Section 7 process. There are a variety of Special Districts within the City's boundaries including two school districts and two water districts. Staff has consulted with them regarding possible projects they will be proposing in the next two to three years that could be affected by Special Rule. Their anticipated projects are included in the attached chart. It is possible that some of the Special Districts will initiate projects during the interim period that could further reduce Chula Vista's jurisdictional allocation, beyond the control of the City. 5. Mitil!ation Guidelines. In order to implement the NCCP Process Guidelines, the USFWS is requiring that the subregions prepire mitigation guidelines that could be used for habitat loss approvals. Approval of the proposed mitigation guidelines will have to be received from the USFWS and Fish and Game prior to implementation. RESOLUTION OF THE ISSUES While there are significant advantages to the City in adopting a local interim take ordinance, there are also several major unresolved issues. The key unresolved issue is the allocation formula to be used in determining the amount of interim take acreage which would be available to Chula Vista. It is recommended that staff be directed to continue pursuing the alternative described above, which would be based on the City's General Plan Area boundary. In addition, staff should be directed to continue working toward resolution of the other issues identified in this report. ) s-- 7 - Page 8, Item / ~ Meeting Date 5/24/94 STATUS OF THE GNATCATCHER LISTING On May 3, 1994, a U.S. District Judge voided the Interior Department's listing of the gnatcatcher. The Interior Department has filed a request for reconsideration of this decision, as well as requesting that the listing be reinstated during the review of this appeal. Therefore, while the listing is not currently in effect, it is staff s opinion that the City should continue to pursue possible implementation of the 4( d) rule until this matter is resolved. Staff will continue to monitor the status of the listing in this regard. FISCAL IMPACT: Not applicable. Attachments : A. Property Owner Survey B. Letter to Gail Kobetich, U.S. Fish and Wildlife Service, dated April 25, 1994. f:\home\planning\gna1cat.113 /s-,gt Anticipated CSS/Gnatcatcher Acres of Take within the City of Chula Vista Prior to Adoption of the NCCP/MSCP Project CSS acreage to be Graded CSS acreage to be Graded in in City in next 2 to 3 years General Plan Area (outside City limits) in next 2 to 3 years McMillin 256 Sunbow (Gafcon) 50 Otay Ranch (Baldwin) To Be Provided Salt Creek (Baldwin) To Be Provided EastLake 0 Watson Land Co. 32 Rancho San Miguel 35 Bonita Meadows (Buie 20 Development) Lyndale Hills 7 Sweetwater Authority 0 0 Otay Water District 0 0.5 Chula Vista Elementary 0 0 School District Sweetwater Union High 0 0 District City of Chula Vista 20 (Miscellaneous) Total 326 94.5 Note: Information oasea on surve cone uctea In Ma ~ (MARIL YN\GNA TCATC\GNA TCA T2.CHT) May 18,1994 y /S~1 y I' ,,) . . ~V?- -""'""I: ~ ~~~~ CI1Y Of CHULA VISTA PLANNING DEPARTMENT April 25, 1994 Gail Kobetich U.S. Fish & Wildlife Service 2730 Loker Ave. West Carlsbad, CA 92008 Subject: Interim Habitat Loss Approval Process for Federal Endangered Species Act Consistency 4(d) - Jurisdictional Take Allocation Dear Mr. Kobetich: Through our recent discussions with you and your staff and our review of the Final Rule for implementation of the 4(d) Rule within our jurisdiction, we have become aware of potential problems with the currently proposed allocation of habitat by jurisdiction within San Diego County. The City of Chula Vista would have serious difficulties implementing the 4(d) rule within its jurisdictional boundaries unless alternative methods of allocating acreage for interim take are adopted. The City of Chula Vista has not entered into a formal agreement; nor have we formally endorsed the use of the jurisdictional acreage allocation formula previously discussed by the SANDAG Regional Conservation Coordinating Committee (RCCC). We did concur with other members of the RCCC that the U.S. Fish & Wildlife Service (USF&WS) should be consulted regarding the potential use of such a formula. We never assumed that asking USF&WS if such a formula would be acceptable would be interpreted as Chula Vista's unconditional approval of this possible method for allocating the region's 5% take. We believe there are a variety of issues that must be resolved in considering how the 4(d) rule will be implemented in region. Those issues are as follows: . It is our understanding that "Takes" that exceed a local agency's 4(d) allotment must pursue a Section 7 or 10(a) from the U.S. Fish and Wildlife Service which the Service may approve. These Section 7 or 100a) permits will count against the region's overall 5 % take, and the jurisdictions' RCCC 4(d) allotment. Section 7 and 100a) approval from the Service may exceed a jurisdiction's allotment and preclude the use of the 4(d) rule. I~~/D 276 FOURTH AVE/CHULA VISTA CALIFORNIA 919101(6191691-5101 Gail Kobetich Page 2 April 25, 1994 Under this scenario, it is conceivable that the region's 5% take will be exhausted before all of the jurisdictions grant permits up to their 5 % jurisdictional allocation or a jurisdiction's 5% allocation could be reached prior to the region's 5% allowable take. The result could be that the jurisdictional allotment will be de facto overridden by the Service without approval from the affected Cities unless this issue is dealt with early in the process. . Because of the large amount of CSS "Take" allocated to the County of San Diego versus urbanizing cities, the RCCC jurisdictional allotment does not encourage habitat "Takes" within urbanized, fragmented, low quality habitats where the long term viability of the species is questionable. The jurisdiction allotment does appear to encourage habitat "takes" in rural high quality habitat areas where the long term viability of the species is more probable than in the urbanizing areas. . The RCCC jurisdictional allotment is based on the corporate boundaries of the Cities and the County of San Diego. It does not consider the likely boundaries of future preservation areas that will be adopted in the MSCP and/or NCCP. The MSCP/NCCP preservation boundaries will not necessarily relate to municipal boundaries but rather will follow logical biological boundaries. Specifically, the adopted NCCP Conservation Guidelines state that "recognizing that large subregions must meet the objective of limiting short-term CSS losses on a biologically valid scale,-some further subdivision of a large planning subregion into appropriately sized biological subareas for the purpose of accounting for interim habitat loss may be necessary." (p.10) Therefore, a system should be devised that more closely aligns the interim preservation with the biological subareas which will ultimately be used in developing a long-range plan. . The RCCC jurisdictional allotment does not consider the viability of habitat in each jurisdiction. This could lead to fragmented habitat areas as each jurisdiction proceeds to implement the 4(d) rule independently without regard for connected viable habitats. . A Special District within the boundaries of a local agency may potentially use all or a portion of a local agency's RCCC jurisdictional "Take" allotment without approval from the affected local agency. The City of Chula Vista has worked closely with the County of San Diego and other local agencies and will continue to so on efforts to adopt a regional plan for implementation of the 4(d) rule and/or alternative methods of allocating the interim take among jurisdictions. We believe it is within the intent of the 4(d) implementation guidelines that the fragmented, urbanized, low quality habitat should be the first considered for a "take" and that the rural areas 15,// CITY OF CHULA VISTA Gail Kobetich Page 3 April 25, 1994 containing high quality habitat should be preserved for the future planning efforts of the MSCP/NCCP. We appreciate your consideration of these points and look forward to working with your office towards the resolution of the issues we have presented and the implementation of the 4(d) rule in our region. PJ It Liz- Robert A. Leiter Director of Planning RAL:MRFP/nr (f :\home\p1anning\kobetich .In) cc: Larry Eng, California Department of Fish & Game, Sacramento, CA Sid Morris, Assistant City Manager, City of Chula Vista Ernest Freeman, Planning Director, City of San Diego Lauren Wasserman, Planning Director, County of San Diego Bob Asher, Chief Planner, County of San Diego IS' ~ /:2. CITY OF CHULA VISTA COUNCIL AGENDA STATEMENT Item ~ Meeting Date 5/24/94 ITEM TITLE: Report on Proposed Focused Planning Area Species Conservation Program Director of Planning .l1Jt City Manage~ ~~ Criteria for the Multiple SUBMITTED BY: REVffiWED BY: (4/5ths Vote: Yes_No-X] In January 1994, the City Council appointed Councilman Bob Fox to participate on a policy committee for the Clean Water Program Multiple Species Conservation Program. On February 28, the MSCP Policy Committee requested that the participating jurisdictions provide input regarding recommended criteria for forming a "focused planning area," which would define a study area for a future regional habitat reserve system within the Clean Water Program service area. The purpose of this report is to obtain input regarding the draft focus planning area criteria, as well as an alternative approach which was recently approved by the City of San Diego. RECOMMENDATION: That Council conceptually endorse the approach to delineation of a "focused planning area" as recommended by the City of San Diego, and direct its representative on the MSCP Policy Committee to recommend that this approach be refined to be more directly applicable to Chula Vista and the other participating jurisdictions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On February 28, the MSCP Policy Committee referred the attached draft "Recommended Criteria (Policy Statement) for Forming a Focused Planning Area" to the local jurisdictions for review (see attachment 1). These criteria were prepared by a jurisdictional technical committee made up of staff from the five jurisdictions which are participating on the Policy Committee (City of San Diego, County of San Diego, Chula Vista, Poway, and Santee). The purpose of these criteria was to provide policy direction in the preparation of a "fifth alternative," to be considered along with four other draft "preserve planning area" alternatives which have been prepared and included in the working draft of the MSCP Plan. The other four alternatives are: 1) Coastal Sal!e Scrub CCSS) Alternative (84,900 acres) which was developed to meet the minimum criteria for satisfying the State's Natural Community Conservation Program Itp~ I Page 2, Item / It, Meeting Date 5/24/94 (NCCP) Conservation guidelines for CSS target species (California gnatcatcher, coastal cactus wren, and orange-throated whiptail); 2) Multiole Habitats Alternative (147,000 acres) was developed to meet preserve design objectives for multiple habitats and species in addition to CSS; 3) Biologicallv Preferred Alternative (185,700 acres) includes all the core biological resource areas and linkages, as well as all public lands supporting valuable habitat; 4) Public Lands Alternative (147,000 acres) focuses on preservation of public lands and existing and planned open space, and linkages between these areas. This alternative was submitted for consideration by the Alliance for Habitat Conservation, an organization representing several major property owners within the study area. As drafted, the criteria for delineating a fifth alternative were intended to create a focused planning area which would achieve a balance among biological, land use, and economic objectives. With regard to biology, the criteria provide for formation of a multiple habitat preserve system which would provide for the recovery of core populations of federal and state listed animal and plant species, as well as linkages between these core populations land adjacent biological resources. In addition, the criteria were specifically directed to include sufficient coastal sage scrub and gnatcatcher populations to meet NCCP guidelines. In addition to biological considerations, the criteria provide for consideration of land use and economic factors. These land use and economic factors include utilization of public and private lands that are already conserved as habitat or for open spaces, or are otherwise constrained from development. In addition, these criteria provide for consideration of existing general plans and community plans, as well as avoiding lands which are needed for public infrastructure and public facilities. On April 12, 1994, the San Diego City Council considered a proposal by Mayor Susan Golding to adopt an alternative approach to delineation of a focused planning area for Multiple Species Conservation Program. Under Mayor Golding's proposal (Attachment 2), specific objectives regarding amount of habitat acreage (155,000 to 165,000 acres within the MSCP study area,) as well as numbers of species (41 priority species and 59 total species) would be established. The process of drawing focused planning area boundaries to meet these species goals would start with the "Public Lands Alternative." Under the Public Lands Alternative, the emphasis is on utilization of available public lands, as well as lands which are designated in local general and community plans for permanent open space. To these lands, would be added habitat required for the protection of all federal and state listed species, species proposed for listing, and Category I candidate species which are considered to be likely for listing in the near future. This approach was approved by the San Diego City Council on April 26, and was recommended by the for consideration by other jurisdictions. !f., "2.. Page 3, Item / ~ Meeting Date 5/24/94 ANALYSIS: The focused planning area criteria which were developed by the jurisdictional technical committee provide a comprehensive approach toward the development of a focused planning area. However, they do not establish specific habitat conservation goals, and would require significant additional discussion and analysis in order to formulate a consensus regarding the number of species which would actually be preserved. In contrast, the City of San Diego alternative provides more specific goals regarding habitat conservation criteria, as well as a more specific process for meeting those goals. In addition, by starting with lands shown in the Public Lands Alternative, including all public and privately dedicated habitat lands and linkages, as well as all lands shown as open space in updated or existing community and general plans, and approved project plans, the planning process takes advantage of lands which are known to be in many cases readily available to be included in a habitat conservation plan. Furthermore, by focusing on the addition to the Public Lands Alternative of habitat areas required for the protection of certain specific species, it would appear to be a simpler process to actually define the focused planning area boundary under this alternative. This approach appears to be preferable for communities like Chula Vista, where general plans and specific plans have adopted for the entire study area. Therefore, staff would recommend that the general approach which is included in the City of San Diego's alternative be pursued and supported at the Policy Committee. It is recognized that the language contained in the City of San Diego's alternative was specifically designed to deal with the City of San Diego's General Plan Area, however, and staff should be directed to work with the City of San Diego and the other jurisdictions to develop language that would apply more generally to the City of Chula Vista and other participants in the program. Specifically, there is a need to clarify the method by which habitat needs for species which are located in multiple jurisdictions will be met, and how equity considerations among jurisdictions will be addressed. Based on actions taken by the Policy Committee on May 26, staff will return to Council with further information and obtain direction regarding further work necessary to draft a Focussed Planning Area boundary for the Chula Vista planning area. Also attached is a letter from the Endangered Habitats League, dated March 15, which suggests a third approach to the delineation of focused planning areas. This approach is based on consideration of a map included in the working draft MSCP Plan, known as the "Core Biological Resource Area Map." While staff agrees that the information contained on this map will be useful in the preparation of a fmal MSCP Plan, we feel that the boundaries shown on this map include numerous areas within the Chula Vista Planning Area and elsewhere which do not appear viable for inclusion in a final preserve plan. In addition, this approach, as we understand it, is similar to the Biologically Preferred Alternative, which is already contained in the Working Draft MSCP. Therefore, while this information should be considered in the planning process, 1(,-:.3 Page 4, Item II.c Meeting Date 5/24/94 we feel that the approach suggested in the City of San Diego alternative is preferable at this time in developing a "fifth alternative" focused planning area. FISCAL IMPACT: Not applicable. Attachments: 1. 2. Recommended Criteria (Policy Statement) for Forming a Focused Planning Area Mayor Golding's proposal to adopt an alternative approach to delineation of focused planning area for Multiple Species Conservation Program . ....~'O Endangered Hahitats League letter of March 15, 19;ot ~~,. ,- 3. (f: \home\planning\fpamscp. rpt) /b~1 ATTACHMENT 1 ~. ~ ' 2/28/94 RECOMMENDED CRITERIA (pOUCY STATEMENTS) FOR FORMING A FOCUSED PLANNING AREA Introducfton: The following criteria are recommended by the Jurisdiction Technical Committee to be used in delineating a Focused Planning Area for the draft MSCP Plan. Once a Focused Planning Area is drawn, a specific analysis of the biological, land use and economic effects will be prepared and included in the public review draft of the MSCP Plan. The Focused Planning Area will need to achieve a balance between biological, land use and ecrnomic objectives, and will not be able to meet all of the criteria equally. The Focused Planning Area lines in the draft MSCP also do not necessarily reflect areas in which specific CEQA significance determinations or mitigation requirements will be imposed on development projects. Rec-l'Immended Action: APPROVE the use of these criteria by the local jurisdictions for delineating a Focused Planning Area. BIOLOGY 1. Form a multi-habitat preserve system that includes and assists in the recovery of the core populations of federal and state listed animal and plant species, including key linkages between these core populations and with adjacent biological resources in the region. 2. Maximize the inclusion of species that are candidates for listing and rare habitats to preclude the need for future listings of species as threatened or endangered. 3. Include sufficient coastal sage scrub and gnatcatcher populations to meet the state's Natural Communities Conservation Program (NCCP) guidelines and to eventually replace the interim 4d1NCCP regulations. LAND USE AND ECONOMICS 4. Begin building the Focused Planning Area with public and private lands that are already conserved as habitat or for open space purposes. 5. Include in the Focused Planning Area lands which are already constrained by local regulations, such as steep slopes and floodplains. This represents approximately 50% of private lands in the study area. 6. Incorporate within the Focused Planning Area private lands that will be dedicated through existing land use regulations. . 7. The Focused Planning Area should avoid, where possible, areas with properties in small or fragmented ownerships and should minimize effects on existing developed land uses. 8. Avoid lands which are needed for public infrastructure and public facilities. /~ ~S- 0'''' . . . " Recommended FP A Criteria February 28, 1994 Page 2 9. Select lands to minimize the need to change local General and Community plans and Redevelopment Plans and to minimize economic impacts, while recognizing that it may be desirable to amend land use plans to meet resource needs. DELINEATION OF FOCUSED PLANNiNG AREA LINFS 10. To provide the specificity and assurances needed by the resource agencies to eventually issue permits, draw firmer lines around public lands that are already conserved or designated for open space. A commitment to preserve 90 - 95 % of these already conserved public lands should be feasible. .. 11. Include 100% of privately-owned lands that are already dedicated for open space. 12. Provide more flexibility in the lines for: a. public lands that are planned for urban or active recreation uses b. private lands that are planned for urban uses, or which are planned for low density development in the more distant future 13. :Refer to the four examples prepared (coastal sage, multi-habitat, biologically preferred and public lands) as a beginning for the Focused Planning Area delineation. /to,~ ATTACHMENT 2 - SUSAN GOLDING MAVOR ;. - '. April 15, 1994 Robert Leiter Chula vista Planning Department 276 Fourth Avenue #401 Chula vista, CA 91910 Dear Robert: The Multiple Species Conservation Program alternative I proposed at city Council on Tuesday, which was unanimously adopted, will return to Council on April 26th. I wanted to make sure you had a copy of the proposal and the specific procedure I am recommending to create this alternative. I believe that this is an environmentally sound approach and one that is sensitive to the business and economic needs of the region. The proposal will expedite the preservation of a comprehensive system of open space and habitat in the city of San Diego and the development of areas not determined necessary for the system. The proposal recommends the preservation of all of the 41 priority species plus 18 others. It is based on biology with overlays of existing public and private lands dedicated as open space incorporated as well as existing plans, both Community and the General plans. Economic ramifications will also be an overlay and together, the combination of these three elements will create the preserve line. I appreciate your interest and hope to keep moving in the positive direction that was established yesterday at council. sincerely, SUSAN GOLDING Mayor city of San Diego /~-7 CITY ADMIN'STRATtON BUILDING. 202 C STREET. SAN DtEQO, CALIFORNIA 02101 (81.) 238-8330 OMM"'...,-.""" ,kh{kc:..ir p... "'l\c:l DATE: IJ>\ <f UJ q<f ~ Apri114, 1994 IJ; DOCKET SUPPORTING INFORMATION CITY OF SAN DIEGO SUBJECT: Multiple Species Conservation Program (MSCP) - Preserve Alternative BACKGROUND: IpOUBLE SPAcE} On April 12, 1994, Mayor Golding recommended a preserve alternative, which was approved by the Council with the request that language be brought back to Council describing the proposal. The following represents the Mayor's alternative, which is recommended for inclusion in a Public Review Draft MSCP Plan. GOAL: The creation of a preserve system that is biologically viable and economically feasible through the following criteria: 1. Habitat acreage of 155,000 to 165,000 with a cost of $450-650 million. 2. Preserving 70-80% of the biological core areas and 50-60% of the corridors. 3. Protecting 41 priority species and 59 total species. . . . . PROCESS ~~ .s:fa-fe",".f ,.'" 1. Draw hard lines around a preserve system within the City of San Diego. w.r/:./"j wif/.. A)AI/ 1 'Ii /lYltH"l~ .s 2. Use the biological cores and linkages map as a reference. 3. Start with all land shown on the Public Lands Alternative, which includes all public and privately dedicated habitat lands and linkages. 4. Include all lands shown as open space in updated or existing community, general plans and proposed project plans. 5. Add the habitat required for the protection of all Federal and State listed species, species proposed for listing and, category I Candidate species. 6. Provide for contiguity and configuration through the application of specific sufficiency standards)< <t S 7 K th . dId . . "'-fffl vuf 0"1 C;f-1 U<ln""r . eep e acqUIre an at a mlmmum. I 8. Save major concentrations of species in step 5 and maximize restoration and enhancement of habitat to ensure the long term viability of those species. 9. Create a phasing plan with priorities for the acquisition of the habitat over time as funds become available with highest prionty being the acquisition of coastal sage scrub habitat in private hands. RESULTS a. Preserve all priority species; Federal and State listed, proposed and category 1 Candidate species. b. Protect the habitat of as many Category 2, Habitat Indicators and State Species of Concern as possible. c. Provide for sufficient contiguity and configuration of preserve. 8YLlNE: (DE:PUTY CITY MGR/OEPT. HEAD/AUTHOR INITIALS) CONRAD/SCHLESINGERlMLB s~~ ;brr;/1JJ~/~ OR,G'NA G DEPT. HEAD It:,,!! . ITY MANAGER (FOR MANAGERIAL DEPARTMENTS ONLY) CM.t477A 110-72) ,. ATTACHMENT 3 MM 2 , ~4 ENDANGERED HABITATS LEAGUE Vtdialltll /0 Iht Proltdion of C...I.1 SIll' Scruh..., Oth... 7'11....1""" Etmysl.." \ Dan Silver - Coordinator 8424A Santa Monica Blvd. 11592 Los Angeles, CA 90069-4210 TEL/FAX 213-654-1456 March IS, 1994 Mayor and City Council City of Chula Vista P.O. Box 789 Chula Vista, CA 91910 RE: Multiple Species Conservation Program (MSCP) Focused Planning Areas Honorable Mayor and Councilmembers: The Endangered Habitats League is an organization of Southern California conservation groups and individuals dedicated to ecosystem protection and improved land use planning. We believe that a successful Multiple Species Conservation Program is absolutely essential to the future economic health and quality of life of the San Diego region. Delineation of Focused Planning Areas (FPAs) is a necessary first step for plan implementation, and we strongly urge you to authorize the initiation of this process. Because the FPAs will give direction to all future planning, it is vital that the criteria you set for their development be sound. We would like to make the case that the FPAs should be multiple habitat in scope and biologically-based. And they should encompass - as a starting point for detailed .fUture planning - the "core biological resource areas and constrained linkages" identified by the MSCP scientific consultants as a result of their two years of study. In the MSCP Working Draft, the core biological resource areas are defined as "areas supporting a high concentration of sensitive biological resources which, if lost or fragmented, could not be mitigated elsewhere. Core areas should be the basis for designing the preserve system boundaries as part of the subarea planning process, i.e., un fragmented core resource areas should be included within the final preserve boundaries. " There are several advantages to you in establishing the clear policy that the Focused P1anning Areas should be based on the core biological resource areas already identified: . Only this "I'P'oach deals with the scientific realities of habitat and species conservation - beyond coastal sage scrub - which face us. Only a biologically-based rescfVe design can give the wildlife agencies the assurances they need to issue permits for both listed and as yet unlisted species. Obtaining these permits is, of course, a fundamental goal of multiple species planning. Only by including the core biolOJical resource areas within the Focused Planning Areas can you see all your planning options clearly, and thus make the most cost- effective decisions for the final reserve system during the subarea planning stage. . . /&,1 . . The best land use and economic decisions will be made using the core biological areas as the starting point. . We anticipate that indirect benefits of this app. oach will include a more satisfactory open space system for the public, with the best recreational trail system, the most scenic vistas, and the greatest quality of life benefit. We strongly urge you to adopt Focused Planning Area criteria which will1ead to rapid results in terms of a plan acceptable to the wildlife agencies and in terms of obtaining the permits for declining species which will avoid future economic disruption. Such criteria incorporate the best biological science. Thank you for considering our views. With best regards, ~ _e.<'~~ Dan Silver, Coordinator !{p,./O - ENDANGERED H,' " TS LEAGUE DtdiCQttd to the Protection of Coastu, "b and Other Threatmed Ecosystems Dan Silver. Coordinator 8424A Santa Monica Blvd. #592 Los Angeles, CA 90069-4210 TEL/FAX 213.654.1456 Testimony on Focused Planning Area Criteria for the MSCP Pi et0.a-..it-ern V%lb Mo...~ l.l.f, '~A94 Sie..frQ CAub a..ddi+loY\.cJ ~ All 1 11, 1 Q...... OOll\m en, t;s 0 II ba..e.k. Honorable Members of the Policy Committee: The Endangered Habitats League is an organization of Southern California conservation groups and individuals dedicated to ecosystem protection and land use solutions. As decisions are made on focused planning area (FPA) criteria for the Multiple Species Conservation Program (MSCP), we urge you to consider the following: A multiple habitat scope is necessary The adoption of a multiple habitat scope is critical for program success and for protection from the future listing of numerous species as endangered. A multiple habitat approach is cost- effective in the long term, and provides a superior reserve design. We should think ahead. Also, it would be difficult if not impossible to go back and do a second or third round of planning in the same geographic area - that is the opposite of the certainty we all seek. Dependable financing mechanisms which will achieve reserve goals should be set in place at the start, and if phasing of the plan is necessary, this should be done on a geographic rather than habitat-by-habitat basis. The core biological resource areas are the best FPA . The "rore biological resource areas and constrained linkages" - as identified by the MSCP scientists after years of study - should be designated as the focused planning area. This is for two reasons. First, only a reserve based upon the on-the-ground biological realities will result in the pre-listing assurances from the wildlife agencies which we all seek. Secondly, only a "build down fl approach which starts with the full range of conservation options, and gets reduced in size over time as justified by scientific data, is consistent with the NCCP Conservation Guidelines. An approach which starts small and builds up is inconsistent. These Guidelines are recognized by the U.S. Fish and Wildlife Service as the best available information. Planning flexibility should be maximized An FPA based upon the core biological resource areas will retain maximum planning flexibility for decision-makers over time. Having all these options available will also ensure that the most cost-effective land use decisions can be made. Another advantage of having a broad FPA is that mechanisms for properties to exit an FP A are much easier to adopt than are means to add new lands into the planning area at a later date. The later type of uncertainty for property owners should be avoided if all possible. 1 /0~ Ij ,. Set biological standards first, then apply economic and land use factors Land use and economic factors must, of course, be fully integrated into final reserve design. The place for this integration is at the local, subarea planning level, where it is appropriate to consider specific sites and specific projects. First, however, it is necessary to set biological goals and standards within the FPA. Biological standards on a regional scale are needed to guide the preparation of subarea plans, to ensure their consistency with each other, and to provide an objective basis for wildlife agency assessment and sign-off. Another positive result of these standards will be a level playing field among jurisdictions. Create quality of life and recreational opportunities A comprehensive, multiple habitat plan will lead to the highest quality of life for the public. It will provide the most significant open space benefits and will maximally enhance community values. Such an approach will also lead to the most scenic vistas and the most satisfying equestrian and bicycle trails. The FPA should be broad enough so as to allow the incorporation of these compatible, recreational features. The "environmental infrastructure" of the MSCP is a very wise investment in the future. Work in tandem with the wildlife agencies Consultation with the wildlife agencies is crucial at this point to verify that we are on the right track for obtaining assurances on species. We should ask their guidance on FPA criteria. Conclusions So that many listings can be avoided in the future, the program should remain multiple habitat in scope. The "core biological resource areas and constrained linkages" already identified after intensive analysis should be designated as the focused planning area. Biological standards for preservation within the FPA will then allow the final reserve to be "built down" during subarea planning. Only this approach is consistent with the NCCP Conservation Guidelines. This approach will also result in the greatest degree of planning flexibility. Mechanisms to exit a large FP A will be available, and additional properties will not have to be added later. Site-specific land use and economic factors will enter into the planning process at the subarea level. We urge you to adopt focus planning area criteria and a planning process which reflect these conclusions. Thank you for considering our views. r~ i\fD-€.. 101M h.ut CD~ to i::l-u.. p~ rv\~ ~ ~~. lJJL ~ 4.tAontd -tha:t ~ ~ \oL~~ /I..eA~ r~ i'fUJA:t; b~ tI--u. 6~ .~ ~ FP~. P.{ ~ Q/u.. \\et, tIu. p~ te:'- nol\;-<A.pP~ b~ USF<b hlS, ~ b'LetoiLC-ai1 {~ M'.QJhA ~d~ tD UA. ~,~ '0)1. 0.:. ~ w~ of.-t:i:nu.- o.:.n.d f{\O~ Md ~ 6- 0...{\. ~ ~ A~-teAm ~ ~ toj"tWvt P~f\d. I ~ c..~dn:l::5 ~Q ~ L.n.d llAR.. /?- ':C COUNCIL AGENDA STATEMENT Item 17 Meeting Date OS/24/94 ITEM TITLE: Public Hearing: PCM-94-23; Modification of the Precise Plan Guidelines for Otay Industrial Park for Specified Lots Along Energy Way - City- Initiated SUBMITTED BY: Resolution n4-QV' Approving PCM-94-23, a minor modification to the Precise Plan Guidelines for the Otay Industrial Park for certain uses on selected parcels on Energy Way adding wording related to paving standards Director of Planning,dl City ManageLt1 ~ ~ (4/5ths Vote: Yes_No.1O REVIEWED BY: SUMMARY: 1. During the hearing process which resulted in the approval of a text amendment to allow automobile auctions in the I (General Industrial) Zone as a conditional use (PCA-93-01), the question was raised about which paving standards should apply to the Energy way uses. Upon review, it was determined that if the current paving standards were applied to the auto auctions and auto dismantlers along Energy Way it would pose an undue financial burden on uses which currently have only a 13 year life. Therefore, it was determined that the Precise Plan for Otay Industrial Park should be reviewed with respect to paving (PCM-79-20). 2. The Environmental Review Coordinator has determined that this project is a Class 8 Categorical Exemption from environmental review as an "action by a regulatory agency for protection of the environment" pursuant to Section 15308 of the California Environmental Quality Act. RECOMMENDATION: That Council adopt the resolution approving the modification to the Otay Industrial Park Precise Plan Guidelines. BOARDS/COMMISSIONS RECOMMENDATION: On April 25, 1994 the Otay Valley Road Project Area Committee held a public hearing on the proposed modification and voted 4-0-1 recommending that the City Council approve subject modification. On April 27 , 1994, the Planning Commission held a public hearing on the proposed modification to the Precise Plan Guidelines for Otay Industrial Park and voted 5-0 (Commissioners Tuchscher 17 ~ 1 Page 2, Item / '7 Meeting Date 05/17/94 and Ray absent) recommending that the City Council approve subject modification in accordance with Resolution PCM-94-23. DISCUSSION: Pavement Standards for Private Vehicular Areas: In 1972 the Planning Commission adopted paving requirements for off-street parking on private property within the City. There are three standards based on the permanence of the use: for temporary uses (up to six months), semi-permanent uses (maximum of five years), and permanent uses. The specific standard of paving required for each category of use are described in Attachment 6. These are the standards from which auto dismantlers and auction businesses along Energy Way may vary if the proposed modification is approved. Modified Guidelines for the Otav Industrial Park: Attachment 7 is the Precise Plan Guidelines for the Otay Industrial Park. Highlighted on the first page is the section proposed to be added to the Guidelines, and at the end of the document is a locator map showing the parcels along Energy Way to which the added guidelines would be applicable. Zoninl!: and Land Use: Site North South East West Zoninl!: I-P A8 I-P Otay Ranch I-P Land Use Mixed Industrial Uses Otay Landfill Mixed Industrial Uses Vacant Mixed Industrial Uses Existinl!: Site Characteristics: At present, the Otay Industrial Park contains a mixture of industrial uses, from auto dismantlers to trucking companies to metal fabrication to contractor's storage yards. For the most part, these uses have existed along Energy Way or Nirvana Avenue for a number of years. On February 28, 1979, the Planning Commission adopted Resolution No. PCM-79-20 approving the Guidelines for the Otay Industrial Park (Attachment 8). (1~:2.. Page 3, Item ('7 Meeting Date 05/17/94 ImDlementation of the Guidelines: Pursuant to the Otay Valley Road Redevelopment Plan, any use listed as a permitted or conditionally permitted use in Chapter 19.46, I (General Industrial) Zone, requires special use permit approval from the Redevelopment Agency. Over the last two years, a number of auto dismantlers have applied to the Redevelopment Agency for special use permits. As part of the approval process for these permits, the following wording is included in each special land use permit: "Plans shall be submitted to the Planning Department for review and approval indicating landscape planting/irrigation, parking and paving, fencing, and other appropriate screening measures to ameliorate adverse visual impacts. The plans shall be prepared by a Registered Landscape Architect, and shall be implemented within 90 days of the approval of this permit. " As the owners of these properties come in for this approval, staff will ensure that the guidelines are implemented. To date, no site plans have been completely approved. Assuming the modified paving standards are approved, the status quo will remain so far as paving is concerned. ANALYSIS: Recently, a number of special use permits have been approved by the Agency for the continued operation of auto dismantlers along Energy Way for a period of approximately 12-13 years. When these uses were originally established in 1973, the only permanent paving requirement that was enforced at. the time was for the customer and employee areas, leaving the storage and periodic customer parking areas as temporary paving of decomposed granite (DG). When we initially looked at this issue, there were concerns that auto dismantling uses were polluting storm water and that a more substantial pavement would be required to address this problem. However, staff has determined that the auto dismantling businesses and other open storage uses are required by State law to be emolled in the Statewide General Industrial Activities Storm Water Discharge Permit program. This program requires that the operators, through a third party, monitor storm water runoff from their properties on a regular basis and submit samples of runoff to a lab for testing. After reviewing this program, staff is satisfied that the program addresses any enviromnental concerns. Since the majority of uses along Energy Way have been operating without permanent pavement and have a limited life, and since there is no proof that the storm water is being polluted from this area by these uses which would require more stringent paving standards, staff supports modifying the precise plan requirements for Otay Industrial Park to include revised paving requirements for these particular uses. /1-.3 Page 4, Item ) 7 Meeting Date 05/17/94 It should be noted, too, that even though the precise plan guidelines are being modified, not all of the requirements contained therein are still applicable to Otay Industrial Park. This is because the Otay Valley Road Redevelopment Plan supersedes the Guidelines in those cases where there is a conflict. Where the Redevelopment Plan is silent on a particular issue, the wording of the Guidelines, if applicable, is enforced. Paving is not directly addressed in either the Plan or the Guidelines, and rather than modify the Redevelopment Plan, the issue was focused on the Guidelines and specifically on those parcels fronting on Energy Way, but excluding any parcels on Nirvana Avenue. Parcels fronting on Nirvana Avenue are being specifically excluded for several reasons. First, there are no auto dismantlers or auctions on Nirvana. Second, recent development trends along Nirvana encourage a higher standard of development than along Energy Way. Third, the uses along Nirvana are more permanent than the uses along Energy Way. For these reasons, staff is recommending approval of the modification as proposed. FISCAL IMPACT: Not applicable. Attachments: NOT SCANNED 1. Draft City Council Resolution . 2. Exhibit: Locator Map 3. PC Resolution PCM-94-23 4. The Otay Valley Road Project Area Committee minutes from the public hearing on this project dated April 25, 1994 5. The Planning Commission minutes from the public ~earing on this project dated April 27, 1994 \. 6. Pavement Standards for Private Vehicular Areas ," 7. Modified Precise Plan Guidelines for the Otav Industrial Park. Mav. 1994 , 8. Copy of Resolution No. PCM-79-20, the original Planning Commission resolution recommending approval of the Precise Plan Guidelines for Development in Otay Industrial Park ',' F:\HOME\PLANNING\MARTIN\EWPPGL\9423A.113 /7-1 PRECISE PLAN GUIDELINES FOR THR OTAY INDUSTRIAL PARK Mav. 1994 1. Fencin!! Fencing shall consist of the following: a. All fences visible from the street shall be of a view-obscuring wood design or block wall construction. Block wall colors shall complement or match building colors, and wood will be limited to natural or stained in opaque or semi-opaque. b. Perimeter fencing - minimum 8 feet high wood on west property line of subdivision; minimum 6 feet high wood adjacent to Otay Valley Road; minimum 6 feet high c"~in1ink elsewhere. c. Interior fencing: Front: 6 feet high wood or block. Side: 6 feet high chainlink, dark colored metal or wood. Slats for screening may be required depending on adjacent land use. d. Gates - Slatted chainlink or solid wood (minimum 6 feet high). 2. Parkin!! All parking areas visible from the right-of-way shall be screen planted in accordance with the City of Chula Vista Landscape Manual. lfTIWV ffli~gj~:~ . Ilftit: 4. , Jlntl~.Anin2 All periphery areas adjacent to the public right of way shall be landscaped and maintained in accordance with the approved lanclv.ape plan for the 'Otay lndustrial Park and the Chula Vista T .llnclv.ape Manual. lrrigation plans shall be required concurrent 17.~ Exhibit 1 Guidelines for the Otay Industrial Park Page 2 with the submission of building or development plans. Interior slope banks which have been stabilized with native ground cover may require additional tree plllnting and irrigation. "Skinned" or barren slopes will require planting in accordance with the approved plan for Otay Industrial Park. 5. Architecture a. Block buildings shall be constructed of slumpstone, split face, and squeeze joint styles of block in whites, plain, tan, browns, ochres, and gray green colors. b. Pinks, pastel greens or other loud, garish colors are not acceptable. In no case shall block buildings be painted in gloss colors. c. Pressed steel buildings shall adhere to the aforementioned conditions and are encouraged to be two-tone or tri-colored. In no case shall gloss paints be used. d. Fences, walls, and structures shall be color coordinated on each site. e. Corrugated metal buildings are specifically prohibited. f. Commercial coach trailers may be authorized as permanent office space by the Zoning Administrator subject to: (1) Compliance with uniform building code as a Group "F" occupancy. (2) No more than one double-wide coach shall be located on each lot. (3) Each coach must have two exits, providing an approved landing and porch area (minimum 5 feet any direction). (4) Units shall be fully skirted to the ground. 6. Loadin2 Docks Whenever possible, loading docks shall be located at the rear or side of buildings.) 7. Si&m a. No billboard or outdoor advertising will be permitted. All sign frames shall be of standard design and shall be designed as an integral element in the architectural design of the facility. b. Design standards - (See Exhibit A) 17-~ Guidelines for the Otay Industrial Park Page 3 c. Wall signs - Maximum area of 10% of the wall area on which the sign is mounted. d. In addition to wall signs, each lot may install either a pole or ground sign based on the following: (1) Pole signs - Maximum height 12 feet; maximum sign area, 50 sq. ft. (2) Ground signs - Maximum height 5 feet; maximum sign area, 50 sq. ft. (Sign may be attached to fence.) 8. Zoninl! Administrator Authorization The Zoning Administrator is authorized to approve industrial developments in the Otay Industrial Park where such industrial developments involve no building CODtaining more than 5,000 sq. ft. /7;7 Guidelines for the Otay Industrial Park Page 4 EXHIBIT A OTAY INDUSTRIAL PARK TENANT SIGNING Suggested materials: 6" X 6" re-sawn redwood integral frame and posts 5/8" re-sawn redwood ply woodlifed Suggested letter style/color: Helvetica - Black Placement/location: In front of or behind fence, near entrance, within SO feet. Copy: All copy to be kept within specified margins. Copy limited to: Name, address Hours Phone number Logo Proprietor's name Logo type and logo style permitted All signs are single faced. All supporting copy shall be helvetica, medium black Sizes of modular sign face are flexible to the needs of the tenant. Possible examples: /7'( OTAV INDUSTRIAL PARK PRECISE PLAN GUIDELINES --.---------t- \ " -' ~ .---- .- ----- --- ~ ~. ------ ------- -- --------.-.-.-- - ,'41. I I I - . . r ~ o OTAYINDUSTIUAlPARK .. SPfCIAl REGULATIONS RELATED .. '" ^ TO PAVING APPUCABLE ! "'''''1 CBULA VIST A PLANNING DEPARTMENT (!) APPLICANT: Cit)>' of Cbula Vista PROJECT DESCRIPTION: Parks " Recreation Dept. Otay Industrial Park Precise ADDRESS: OTAYlNDllSTRIALPAJU{ Plan Guidelines SCALE: FILE NUMBER: 17~'f NORTH 1" '"' 800' PCM - 94 -23 Attachment 2 RESOLUTION NO. PCM-94-23 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING PCM-94-23, A MINOR MODIFICATION TO THE GUIDELINES FOR THE OTAY INDUSTRIAL PARK FOR CERTAIN USES ON SELECTED PARCELS ON ENERGY WAY ADDING WORDING RELATED TO PAVING STANDARDS WHEREAS, the Planning Department of the City of Chula Vista initiated an amendment to PCM-79-20, Precise Plan Guidelines for the Otay Industrial Park to add a section related to paving for certain uses on selected parcels along Energy Way; and WHEREAS, the Environmental Review Coordinator determined that this project is a Class 8 Categorical Exemption from environmental review as an "action by a regulatory agency for protection of the environment" pursuant to Section 15308 of the California Environmental Quality Act; and WHEREAS, the Planning Commission set the time and place for a hearing on said modification to the Precise Plan Guidelines for the Otay Industrial Park 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 1,000 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely April 27 , 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 Commission found that the project is a Class 8 Categorical Exemption from environmental review as an "action by a regulatory agency for protection of the environment" pursuant to Section 15308 of the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council approve the attached draft Resolution No. PCM-94-23 which approves the minor modification to the Precise Plan Guidelines for the Otay Industrial Park related to paving standards for 17 ~/D Attachment 3 select parcels and uses along Energy Way. 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 day 27th day of April, 1994 by the following vote, to-wit: AYES: Fuller, Martin, Moot, Salas and Tarantino NOES: None ABSENT: Ray and Tuchscher ABSTENTIONS: None ~ o4d:r Thomas A. Martin, Chairman ~~~~ Nancy Ripley, ecr y F:IHOMEIPLANNINGIMART\N\EWPPGLI9423PC.RES 17,,(/ DRAFT Minutes OTAY VALLEY ROAD PROJECT AREA COMMITTEE Monday, April 25, 1994 9:00 a.m. Conference Rooms 2&3 Public Services Building 1. ROLL CALL PRESENT: Chairman Casillas, Members Palumbo, McMahon, Nava ABSENT: Member Hall (excused) ALSO: J. Justice of Calument Auto Wrecking; Bill Martinez, Consultant; John McCormack, property owner; Joe Kellegin, Ecology Wrecking Yards; STAFF: Redevelopment Coordinator Kassman; Associate Planner Miller; CD Specialist Rofoli 2. APPROVAL OF MINUTES from the meeting of February 14,1994. MSC (Palumbo/McMahon) to approve the minutes of February 14, 1994 (4"()-1; Hall absent). Chairman Casillas took this opportunity to introduce Rosalinda Nava, newly appointed member of the Project Area Committee. Ms. Nava is a graduate student in City Planning and lives near the Otay Valley Road Project Area. PUBLIC HEARING: Application for a Special Land Use Permit to establish an Auto Dismantling Business at 791 Energy Way Chairman Casillas ned the public hearing. Mr. Bill Martinez, consultant representing the applicants wishing to establish an to wrecking use at 791 Energy Way indicated that the project had gone through all the environment vview and now they were processing the Special Land Use Permit. Chairman Casillas asked if all the que . ns concerning the Negative Declaration had been ironed out. Mr. Martinez indicated that the applicants been before the Conservation Commission and all the environmental documentation is recommende approval by them. Staff indicated to the applicant that the request for a Special Permit would go bef Member Palumbo made a motion to accept staff recom Chairman Casillas closed the public hearing. MSC (Palumbo/McMahon) to adopt the Negative Declaration issued under IS- -14, make the requisite findings and recommend approval of a Special Use Permit as conditioned by staff I ort SUPO-93- 14 (4-0-1; Hall absent). *4. PUBLIC HEARING: Modification of the Precise Plan Guideline for Otay Industrial Park for Specified Lots Along Energy Way 11,.1.). Attachment 4 Otay Valley Road PAC Minutes -2- April 25, 1994 Chairman Casillas opened the public hearing. Mr. John McCormack, property owner in the area, indicated that he needed more information about the recommendations. Associate Planner Miller explained the issues and staff recommendations. Mr. Miller indicated that when the original Conditional Use Permits for the auto recycling yards were approved, the customer and storage parking were required to be paved. This requirement is now considered onerous for the auto recycling yards. There were concerns over storm water runoff pollution which were determined not to be problematic since the wrecked vehicles are drained of all fluids before they are stored on the lots. However, the proposed changes in regulations to do not pertain to properties on Nirvana Avenue. The properties on Nirvana have different characteristics. As far as properties on Energy Way are concerned, the purpose of the regulation changes are to keep the status QUo and allow owners of auto recycling yards not to have to pave areas where the auto hulks are stored. However, customer parking lots and storage yards for cars and trucks which are not drained of fluids would have to be paved. Mr. Joe Kelligian, representing Ecology Auto Wreckers, Questioned standards on fencing along the perimeter of the properties. Mr. Miller indicated that the only changes that were addressed in the proposed action related to parking. Mr. Kelligian continued that, concerning parking in the area, his company has been looking at the possible use of property located on the corner of Energy Way and Nirvana Avenue as a parking lot for customers. Under the proposed guidelines, could this property be used for parking? Mr. Miller responded that if it was paved, parking would be approvable. Mr. J. Justice of Calumet Auto Wreckers Questioned whether staff is proposing that all off street parking be paved. Mr. Miller responded that auto auctioning businesses, where auctions were held infrequently (perhaps once a week) would not have to pave occasionally used parking areas. Regular daily used parking areas would have to be paved. The amount of parking is controlled by the Redevelopment Plan and City zoning ordinance. Generally, one parking space is required for each 400 square feet of office space. Chairman Casillas asked Mr. Justice if the association of owners for the auto recycling park had been reactivated. Mr. Justice answered that it had been, and that the group has had a few meetings already. Mr. Miller indicated that the proposed changes in the precise plan will go to the Planning Commission on Wednesday, April 27, 1994 and to the Redevelopment Agency on May 17, 1994. Chairman Casillas closed the public hearing. Member Palumbo Questioned whether parking was going to be restricted on Energy Way. Staff indicated that customers can still park on Energy Way, but storage of wrecked or abandoned vehicles is precluded. Mr. Palumbo added that there are restrictions on parking overnight in order to identify abandoned cars. Mr. Kelligian described procedures that the auto wreckers in the area have used to have abandoned cars removed from the streets. MS (McMahon/Palumbo) to recommend approval of the precise plan guidelines pertaining to off street parking and vehicular storage areas as recommended by staff in report PCM-94-23. (7-13 Otay Valley Road PAC Minutes -3- April 25, 1994 Mr. Miller indicated that the action City Council will take will be a resolution and not an ordinance, as listed in the report. This change in the staff recommendation was duly noted and incorporated in the Committee's recommendation. The motion passed 4-0-'; Hall absent. STATUS REPORTS: a. Auto Park b. Otay Valley Road Staff indi ted that the Chevrolet dealership was anticipating opening in the middle of May. However, it is more lik that they will open in June. The Ford dealership which also includes the Honda and Kia dealerships, is ticipating opening in August. There have been problems interfacing between the auto park and the con ruction of Otay Valley Road. However, both projects are moving along well at this point. Construction of Otay ley Road continues with the undergrounding of overhead utility lines and installation of the water li at this time. This work is anticipated to be completed within 1-1/2 to 2 months. At that time, final rading will occur and that installation of new road surface will follow shortly thereafter. The Otay ley Road Proejct should be completed in January 1995. The County continues reconstructio activities activities on the bridge crossing. Pylons were driven to support the new bridge structure. wever, there were problems encountered when the pylons hit rocks below ground and shifted slightly. onstruction crews are attempting to straighten the pylons so that construction can continue. This pr . ect should be completed around mid-year. a. Mr. McCormack indicated that, with all t functioning very well. There has been no interru City staff for that. construction activity, Otay Valley Road is ion in traffic flow and he wished to commend 6. ORAL COMMENTS Chairman indicated that credit should go to staff for king access available. b. Mr. Kelligian questioned whether City staff was continuin to have meetings with business owners in the area. Member Palumbo indicated that a comm ee had been set up and there had been one meeting. The strategy for construction on the ro was discussed. However, there have been no meetings since that time. Mr. Kelligian as d to be informed if the committee meets again. 7. CHAIRMAN'S REPORT a. Chairman Casillas stated he had no report this morning. He stated he was very ppy with the appointment of Ms. Nava to the Committee because the Committee now had a full a. Member Palumbo stated that the City had been very responsive to businesses in the a a 8. MEMBERS' COMMENTS / 7~/t; PC Minutes -8- April 27, 1994 EXCERPT FROM PLANNING COMMISSION MINUTES OF 4/27/94 ITEM 3. PUBUC HEARING: PCM-94-23: MODIFICATION OF THE PRECISE PLAN GUIDEUNES FOR OTAY INDUSTRIAL PARK FOR SPECIFIED LOTS ALONG ENERGY WAY - City Initiated Associate Planner Miller presented the staff report, noting that the Environmental Review Coordinator had determined that this project was a Class (b) categorical exemption from environmental review as an action by a regulatory agency for the protection of the environment, pursuant to Section 15308 of CEQA. Staff recommended that the Planning Commission adopt the resolution for PCM-94-23 recommending that Council approve the project based on the fmdings and subject to the provisions contained in the draft City Council resolution. Mr. Miller noted that an amendment to the zoning ordinance had been before the Planning Commission the previous fall to include auctions as a conditional use in the "I" zone. During the discussions for that, there was a question regarding paving. Staff had reviewed the guidelines for Otay Industrial Park in order to amend the guidelines to include revised paving standards only for the specific lots noted in the staff report. Staff, with the modifications, is attempting to keep the status quo regarding paving. The guidelines are implemented through the actions of the Redevelopment Agency currently through special use permits. Staff would do site plan analysis of the site plan to ensure that the areas are adequately paved for customer and employee park, that decomposed granite is placed in the open storage areas and the occasional parking areas for the auctions. Mr. Miller mentioned that one other consideration and concern of staff was the environmental issue directly related to stormwater runoff. Staff, after investigating and discussing and consulting with the property owners of the auto dismantling businesses, realized that they are under State regulations for stormwater runoff. Rather than requiring that they conform to some City standards, staff felt the State requirements were adequate. Staff was satisfied that the previous paving requirement would not be necessary based on the term of the life of these uses, approximately 13 years, or until redevelopment took place. This being the time and the place as advertised, the public hearing was opened. Rebecca Michael, 530 B Street, Suite 2300, San Diego, stated that last year when they were before the Commission with an amendment to the zoning code, they had asked that the scope be expanded to include auto auctions. There was the issue of paving, however. She supported the resolution brought forward to the Commission by staff. No one else wishing to speak, the public hearing was closed. Commissioner Moot complimented staff for being diligent on this issue; he appreciated staff going back, looking at the issue, and getting it resolved promptly. MSC (Fuller/Moot) 5-0 (Tuchscher and Ray excused) to adopt the Planning Commission resolution recommending that the City Council approve PCM-94-23 based on the ("mdings and subject to the provisions contained in the attached draft City Council resolution. /7../)" Attachment 5 PAVEMENT STANDARDS FOR PRIVATE VEHICULAR AREAS Areas upon private property which are required to be paved per the various City regulations, or pursuant to conditional approval of the Planning Commission shall be paved in accord with the requirements contained herein and with the standard specifications of the City. Such requirements shall apply to all areas to be paved for the movement, parking or storage of vehicles except as specifically noted. 1. TEIflORARY USE (maximum of one year). Temporary pavement shall consist of two (2) inches of compacted decomposed granite, the top one inch of which has been treated with SC-250 asphalt road on to form a water-resistant and dust free wearing surface. Penetrants shall be applied at such rates or a sufficient number of times to produce the specified wearing surface. A weed killer shall be applied in accord with the manufacturers instructions to the enti re area to be paved. 2. SEMI-PERMANENT USE (maximum of five years). Semi-permanent pavement shall consist of two inches of asphalt concrete pavement with seal coat placed upon native so11. Asphalt concrete shall be Type "8" per Section 8 of the Standard Specifications except that it shall be permissible to use 40-50 penetration grade asphalt binder as an alternate to 60-70 penetration asphalt binder. A Type "A" seal coat per Subsection 8-08 of the Standard Specifications shall be applied to the entire paved surface. Native so11 to receive pavement shall be graded and compacted prior to installation of paving material. A weed killer shall be applied in accord with the manufacturers instructions to the entire prepared native base. 3. PERMANENT USE. Permanent pavement shall consist of a minimum of two inches of asphalt concrete pavement with seal coat, as described under "Semi-Permanent Use" above, applied over a four inch aggregate base (Class 2A) per Section 7 of the Standard Specifications. Native subgrade shall be graded and compacted prior to application of the structural section. Permanent areas for the storage only of passenger type vehicles may be paved as specified under semi-permanent use. This reduction shall apply only to the specific storage areas and does not incl ude areas designated for parking or movement of vehicles. 4. DRIVEWAYS FOR ALL SINGLE-FAMILY, ATTACHED AND DUPLEX RESIDENCES. Driveways for all single-family, single-family attached, and duplex residences shall be paved with a minimum of four inches (4") of concrete of a five sack mix. The Director of Planning may authorize the use of other "permanent pavement", as specified above, when it can be determined that concrete paving would be unnecessary or impractical. Guidelines for such variance would be: 11../~ Attachment 6 << ,. a. In an area where asphalt drives are used exclusively or predominantly. b. Where lots are large or unusually deep setbacks prevail, the cost of using concrete may be.unreasonable. c. Driveways with sufficient slope to permit good run-off, but less than 12S. (Resolution PCM-72-9, 7/18/72) , GENERAL CONDITIONS In all instances, pavement grades shall be designed and constructed so as to prevent ponding of water upon or adjacent to the paved surface. Pavement shall be maintained in serviceable condition at all times. Patching, sealing and/or repenetration shall be undertaken as necessary to maintain a usable surface. . Material s and construction methods shall be adequate to accomplish the intended life and purpose of the specified class of pavement. The City Engineer shall have the authority to deny final inspection and utility approval for any property upon which such materials and methods are inadequate. These specifications establish minimum acceptable standards. Higher quality materials as approved by the City Engineer may be substituted in all cases. DESIGN FOR UNUSUAL CIRC~~STANCES Special design efforts are justified in all cases where: 1. Native soil is expansive, poorly drained or has a high clay content. 2. Traffic vol umes are high. 3. Unusually heavy vehicles are expected to utilize the pavement. , Relative to the paving of multiple, corrmercial and/or industrial properties, the City Engineer may require the submission of a pavement design to accOlllllOdate any unusual circumstances. Upon approval of the design by the City Engineer, such design shall supersede the blanket requirements contained herei n. WPC 3529P 17~ 17 PRECISE PLAN GUIDELINES FOR THE OTAY INDUSTRIAL PARK Mav. 1994 1. Fencin!! Fencing shall consist of the following: a. All fences visible from the street shall be of a view-obscuring wood design or block wall construction. Block wall colors shall complement or match building colors, and wood will be limited to natural or stained in opaque or semi-opaque. b. Perimeter fencing - minimum 8 feet high wood on west property line of subdivision; minimum 6 feet high wood adjacent to Otay Valley Road; minimum 6 feet high chainlink elsewhere. c. Interior fencing: Front: 6 feet high wood or block. Side: 6 feet high chainlink, dark colored metal or wood. Slats for screening may be required depending on adjacent land use. d. Gates - Slatted chainlink or solid wood (minimum 6 feet high). 2. Parkin!! All parking areas visible from the right-of-way shall be screen planted in accordance with the City of Chula Vista Landscape Manual. atiiL", . . il;Eili;j1.~~.lliJ.!!;::::... 4. T .anc1scaninl! All periphery areas adjacent to the public right of way shall be lanitsr.aped and maintained in accordance with the approved landscape plan for the Otay Industrial Park and the Chula Vista Landscape Man~. Irrigation plans shall be required concurrent !7,lf Attachment 7 Guidelines for the Otay Industrial Park Page 2 with the submission of building or development plans. Interior slope banks which have been stabilized with native ground cover may require additional tree planting and irrigation. "Skinned" or barren slopes will require planting in accordance with the approved plan for Otay Industrial Park. 5. Architecture a. Block buildings shall be constructed of slumpstone, split face, and squeeze joint styles of block in whites, plain, tan, browns, ochres, and gray green colors. b. Pinks, pastel greens or other loud, garish colors are not ~table. In no case shall block buildings be painted in gloss colors. - c. Pressed steel buildings shall adhere to the aforementioned conditions and are encouraged to be two-tone or tri-colored. In no case shall gloss paints be used. d. Fences, walls, and structures shall be color coordinated on each site. e. Corrugated metal buildings are specifically prohibited. f. Commercial coach trailers may be authorized as permanent office space by the Zoning Administrator subject to: (1) Compliance with uniform building code as a Group "F" occupancy. (2) No more than one double-wide coach shall be located on each lot. (3) Each coach must have two exits, providing an approved landing and porch area (minimum 5 feet any direction). (4) Units shall be fully skirted to the ground. 6. Loadinll Docks Whenever possible, loading docks shall be located at the rear or side of buildings. 7. ~ a. No billboard or outdoor advertising will be permitted. All sign frames shall be of standard design and shall be designed as an integral element in the architectural design of the facility. b. Design standards - (See Exhibit A) 17~19 Guidelines for the Otay Industrial Park Page 3 c. Wall signs - Maximum area of 10% of the wall area on which the sign is mounted. d. In addition to wall signs, each lot may install either a pole or ground sign based on the following: (1) Pole signs - Maximum height 12 feet; maximum sign area, 50 sq. ft. (2) Ground signs - Maximum height 5 feet; maximum sign area, 50 sq. ft. (Sign may be attached to fence.) 8. Zoninl! Administrator Authorization The Zoning Administrator is authorized to approve industrial developments in the Otay Industrial Park where such industrial developments involve no building containing more than 5,000 sq. ft. , /7,,)..D Guidelines for the Otay Industrial Park Page 4 EXHIBIT A DTAY INDUSTRIAL PARK TENANT SIGNING Suggested materials: 6" X 6" re-sawn redwood integral frame and posts 5/8" re-sawn redwood ply woodlifed Suggested letter style/color: Helvetica - Black Placement/location: In front of or behind fence, near entrance, within 50 feet. Copy: All copy to be kept within specified margins. Copy limited to: Name, address Hours Phone number Logo Proprietor's name Logo type and logo style permitted All signs are single faced. All supporting copy shall be helvetica, medium black Sizes of modular sign face are flexible to the needs of the tenant. Possible examples: )1;~ . _ _ _ _ _ __ ...... __ _' __.,4_ - . - -- - -- ;;;; OTAY INDUSTRIAL PARK PRECISE PLAN GUIDELINES --.---------r-- ,/ .~ --- ..- ---' -- -- - - -- ----.......- - .-- .- -~. .-- - . . I ~ o OTAYINDUnllAUARK ." N.' IPEClAl.lECiUlATIONSlElATED ..N lOPAVlNGAPPUCAILf , .. CBULA V 1-8 T A PLANNING DEPARTMENT C!) A"LICANT'Cit! or Cbals Vista PIlOJeCT DeIC"IPTION:, . Parks .. BecreatioD Dept. Otay IDdaltrial Park Precise ADDllell: OIAYlNDtlS'I'IlIALPARK Piau GuideDDa lCALe: fiLl HUMlell: I 7-o1:l.. ... NORTH 1" - 800' PCM - 94 -23 RESOLUTION NO. PCM-79-20 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF PRECISE PLAN GUIDELINES FOR DEVELOPMENT IN OTAY INDUSTRIAL PARK IN THE I-P ZONE WHEREAS, Ordinance No. 1451, adopted by the City Council on March 7, 1973 established the zonin9 of approximately 200 acres located on the north side of Otay Valley Road, east of Brandywine Avenue, as I-P, and WHEREAS, a subdivision aap was approved on July I, 1975, to allow the develop- .ent of a 25 lot industrial subdivision on approximately 98 acres within the I-P zone, and WHEREAS, it was deemed necessary to establish appropriate development guide- lines to encourage development of the industrial park, and WHEREAS, the City Plannin9 Commission set the time and place for a hearin9 to consider proposed guidelines, and notice of the hearing, together with its purpose, was given by the publication in a newspaper of general circulation in the city, 'at least 10 days prior to the date of said hearing, and WHEREAS, a hearin9 was held at said time and place, namely 7:00 p.m., February 28, 1979, before the Plannin9 Commission, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE City Planning Commission recommends that the City Council adopt a resolution authorizing the Zoning Administrator to approve industrial developments in the Otay Industrial Park where such industrial developments involve no building containing more than 5,000 sq. ft., and establishing the attached guidelines for development within the Otay Industrial Park. PASSED AND APPROVED by the City Planning Commission of Chula Vista, California this 28th day of February, 1979, by the following vote, to-wit: AYES: Commissioners O'Neill, R. Johnson, Williams, Stevenson, Smith, Pressutti and G. Johnson NOES: None ABSENT: None .iJ)~~- kJ~ tv , irman ATTEST: ~.Ak.~ ~i"/;I'co- d~ ecretary /7..;23 Attachment 8 GUIDELINES FOR THE OTAY INDUSTRIAL PARK 1. Fencing shall consist of the following: a. All fences visible from the street shall be of a view-obscuring wood design or block wall construction. Block wall colors shall complement or match building colors, and wood will be limited to natural or stained in opaque or semi-opaque. b. Perimeter fencing - minimum 8 feet high wood on west property line of subdivision; minimum 6 feet high wood adjacent to Otay Valley Road; minimum 6 feet high chainlink elsewhere. c. Interior fencing - Front: 6 feet high wood or block. Side: 6 feet high chainlink, dark colored metal or wood. Slats for screening may be required depending on adjacent land use. d. Gates _ Slatted chainlink or solid wood (minimum 6 feet high). 2. Parking All parking areas visible from the right of way shall be screen planted in accordance with the City of Chula Vista Landscape ~~nual. 3. Landscaping All periphery areas adjacent to the public right of way shall be landscaped and maintained in accordance with the approved landscape plan for the Otay Industrial Park and the Chula Vista Landscape Manual. Irrigation plans shall be required concurrent with the submission of building or development plans. Interior slope banks which have been stabilized with native ground cover may require additional tree planting and irrigation. "Skinned" or barren slopes will require planting in accordance with the approved plan for Otay Industrial Park. 4. Architecture a. Block buildings shall be constructed of slumpstone, split face, and squeeze joint styles of block in whites, plain, tan, browns, ochres, and gray green colors. b. Pinks, pastel greens or other loud, garish colors are not acceptable. In no case shall block buildings be painted in gloss colors. . c. Pressed steel buildings shall adhere to the aforementioned conditions and are encouraged to be two-tone or tri-colored. In no case shall gloss paints be used. d. Fences, walls. and structures shall be color coordinated on each site. / 7 ,~'I . 2. e. Corrugated metal buildings are specifically prohibited. f. Commercial coach trailers may be authorized as permanent office space by the Zoning Administrator subject to: (1 ) (2) (3) Campl iance with uniform buil ding code as a Group "F" occupancy. No more than one double-wide coach shall be located on each lot. Each coach must have two exits, providing an approved landing and porch area (minimum 5 feet any direction). Units shall be fully skirted to the ground. (4) 5. loading Docks Whenever possible, loading docks shall be located at the rear or side of buildings. 6. Si gns a. No billboard or outdoor advertising will be permitted. All sign frames shall be of standard design and shall be designed as an integral element in the architectural design of the facility. b. Design standards - (See Exhibit A) c. Wall signs - Maximum area of 10% of the wall area on which the sign is mounted. d. In addition to wall signs, each lot may install either a pole or ground sign based on the following: (1) Pole signs - Maximum height 12 feet; maximum sign area, 50 sq. ft. (2) Ground signs - Maximum height 5 feet; maximum sign area, 50 sq. ft. (Sign may be attached to fence.) 7. The Zoning Administrator is authorized to approve industrial developments in the Otay Industrial Park where such industrial developments involve no building containing more than 5,000 sq. ft. 17~)~- . , EXHIBIT A OTAY INDUSTRIAL PARK TENANT SIGNING Suggested materials: 6" X 6" re-sawn redwood integral frame and posts 5/8" re-sawn redwood ply woodlifed Suggested letter style/color: Helvetica - Black Placement/location: In front of or behind fence. near entrance, within 50 feet. Copy: All copy to be kept within specified margins. Copy limited to: Name. address Hours Phone number Logo Proprietor's name Logo type and logo style permitted. All signs are single faced. All supporting copy shall be helvetica. medium black. Sizes of modular sign face are flexible to the needs of the tenant. Possible examples: I - 01 . I I J "O{ [ 11 ] !1,'x" ~ it) ":';,1 ;~: ~~f ~ ~ (Qj ~ ef6 , ~ ~ ~ ' ~ ~I ~ l~ . "~ ~ ~a '\1 ~ [.!ill ~ i \~g , ~, ,~~ it m c.@ g ,~ ~ ~i g~~1&. ~<M)~ :2l @ ~ :~~ , \ i "t" ~ :t I ;1 II Ii , .. ! \ i ~) :J 'I I I:' " I, I' I , :;~. J:~ '.. ~ j\ ..' ii " " j' \ \ < ! ! ,', i, \ ~'\:, , 'fJ ;lY ,.j: ..~~: ~.. ' ;;~ ,J :){ -":':':::::--~--:-:'- - ,- .-..---~_._..- ". ----.- . ..~-: --- _.--:::.. -..---.-- - - ...-::.-~~-- .-..... .-:".- ----.-.. ---.- ...-.-.... --- <.- ~ --..----:. ." -2:':"-:-, '-::-:-~~_~_.._. ----.-. . -..---:::::. . .__n .'--~ _0- __ ----.. .. --~--:...:;:;~. . - -- .' ,,- ! ;\ ~:." '- .. ....... -.. -......-... --..... --....--.-. ..;-- - "--. ... ..'--... ._.-._~.. - --- ... ---- -"- "--" .- -... .... .-::.:.:.----.. ------.-. ------... --'- ---..-....-- .:.~.-:~~:~:.~~~::.:._~!~L~~?l- --::--,,-, . - ,h .__. . ,..;:--_._._ ,_..' :':~,.....--.. .-..-.. -:-:=.:::--;: - "'-"'-. ._~- '7.__ -. :....-.... -.--"'.0' -- '-- "- -' "-...-... ", -'--':.:. ~ -. ..:-- _. ..~n.~ _. ._.-- .~--.?-::..~~~-.:. -~-_.:..~-:;... ..._._~ - ..-- .----. --- .:--:-:_--_. - :.-:-.::::--- ---:.:.....:..-.:.:.~_.. -;.:.:..::.:.:..~---.-. ,r".! " t:: .~" .~.~;." :r~ ~: ~if,f.."':;::?~.,~ ~ ~.. '. \9~ \~i -.----. --__n '-, '--,: "._-~. .-. ~ ---.-- .-. -- ..---::.-- _._~.. -.--. - -'-'-- .-- / ,?,,;r7 " . RESOLUTION NO. / t</7f' A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING PCM-94-23, A MODIFICATION TO THE GUIDELINES FOR THE OTA Y INDUSTRIAL PARK FOR CERTAIN USES ON SELECTED PARCELS ON ENERGY WAY ADDING WORDING RELATED TO PAVING STANDARDS WHEREAS, the Planning Department of the City of Chula Vista initiated an amendment to PCM-79-20, Precise Plan Guidelines for the Otay Industrial Park to add a section related to paving for certain uses on selected parcels along Energy Way; and WHEREAS, the application of permanent paving standards for auto dismantlers and auction operations along energy are overly burdensome; and WHEREAS, subject uses have operated for many years with temporary paving and have exhibited a history of complying with State of California stormwater requirements; and WHEREAS, subject uses are limited in their life span by special use permits issued pursuant to the Otay Valley Road Redevelopment Plan to approximately 12 to 13 years; and WHEREAS, the Environmental Review Coordinator determined that this project is a Class 8 Categorical Exemption from environmental review as an "action by a regulatory agency for protection of the environment" pursuant to Section 15308 of the California Environmental Quality Act; and WHEREAS, the Otay Valley Road Project Area Committee held a public hearing on April 25, 1994 and voted 4-to-0-to-l recommending that the City Council approve the modification to the Precise Plan Guidelines for the Otay Industrial Park; and WHEREAS, the Planning Commission held a public hearing on April 27, 1994 and voted 5-to-0-to-2 recommending that the City Council approve the modification to the Precise Plan Guidelines for the Otay Industrial Park; and WHEREAS, the City Council set the time and place for a hearing on said 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 1,000 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 6:00 p.m. May 17, 1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and (7'd.1 Resolution No. Page 2 WHEREAS, from the facts presented to the City Council, the Council has determined that the project is consistent with and implements the General Plan of Chula Vista in that it complies with Section 19.56, Modifying Districts, of the Zoning Ordinance; and WHEREAS, from the facts presented to the City Council, the Council has further determined that the project is consistent with and implements the Otay Valley Road Redevelopment Plan in that no portions of that Plan are being modified and the modification does not conflict with said Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does hereby find and determine as follows: SECT. I. Based on the recommendation of the Environmental Review Coordinator, the City Council hereby acknowledges that subject project is a Class 8 Categorical Exemption from environmental review as an "action by a regulatory agency for protection of the environment" pursuant to Section 15308 of the California Environmental Quality Act. SECT. II. Pursuant to the requirements for the imposition of a Precise Plan Modifying District ("P Modifier") under the Chula Vista Municipal Code 19.56, auto dismantlers and auctions located along Energy Way present unique circumstances whereby usual and effective paving standards are inappropriate, and in order to achieve a fair and beneficial balance between time limited uses and future area redevelopment, a modification to the existing Precise Plan Guidelines for Otay Industrial Park is justified. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista does hereby amend the Precise Plan Guidelines for Otay Industrial Park in the form attached hereto as Exhibit 1 (pCM-94-23). I I as to fi t by ~ Presented by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney M:\sbared\attomey\may24\9423cc.res F:\HOME\PLANNING\MARTIN\EWPPGL\9423CC.RES /1--3.0 , ",.,,'" ,I',.: ',", , " , . , . ,~, " ,', ,-, " . . ....~~~~~. ........ PUB1Jl;HBA1UNGDAl$: ......... '.'<' 4/f'4trl,: .... ............. .. ' " II- . . ,. '., . " " '. ' , ~, ,'. ',' ' , ~cr: u..:~. .~*~~~..~~~.p~~~,~ ....~ .~.' ..... lElM'ftON: . Q~~:"''f~'~''~''~'~'~~'~6:,.'"''",~,, .' ........ l.:\.4~~.' ~ '., ..,.... ..... .... ." .,' , :\)O~' '.' """ ,'., . SEm"'OSTAR~1"O.IWUCAtI~"":B'ttlM~~'Y~ . \ BYMAtL . ." ." '" . ..t.... U:.:l' . ..... '. ". . PlJBUCAll0N~Att .'. ...t 'i,.iT '.' ."'" ." MAIt.mNOncEsTo~RoPERTYO~llS~!.,.u;.>,.,(; .....NO.MMLED ...... . ' " '''., "." ", .,,'" ,..",' ,....,.,...,..,',.,.:"~"Tr ! , ; " " ",', PER ~ 154992 Le~lam.e'Staff,~nstiuctiM Industry Fed, 93~ GTeenwi~DrS.F. San Diegel, 92122 . LOGGmINAGEN6ABdOK 4f,/,),.-Jq4 .... ...... .......... '" . d . ..... ". .'. ....... . '.' ........ '.' . ...... ':, ,., '" i ,,' . COPIE!$ TO: . . /' Adnrinimatiop(4) . v . . . . . Plamlin~. .' '. t~ . . . '..'. ' !' , "1" ",' ", . '" """'''' Originating Depanmet\t.. '. '.' .' ", "" ' Engineeting . .' .~ '., Ot;be~ . city Clerk's O!fke(2} .' /" POST ON ~ULtET1tI1BOARDS.$ JI'~lq'" SPECIALINSTR.jJCTI9NS:. . .7/93 -55- . '.'17--~J.. NOTICE OF PUBLIC HEARINGS TO BE HELD BY THE THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of the City of Chula Vista, California, for the purpose of considering a modification to the Precise Plan Guidelines for the Otay Industrial Park for selected parcels along Energy Way. Subject area is located approximately one-quarter mile north of Otay Valley Road off Nirvana Avenue. The application, initiated by the City of Chula Vista, adds language related to the use of temporary paving for open storage uses, and temporary/occasional customer parking areas used no more than once per week. Copies of the additional language are on file in the office of the Planning Department. This project is a Class 8 Categorical Exemption from environmental review as an "action by a regulatory agency for protection of the environment" pursuant to Section 15308 of the California Environmental Quality Act. 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 addition of wording to the Precise Plan Guidelines for the Otay Industrial Park in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 24, 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. DATED: May 11,1994 CASE NO.: PCM-94-23 COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (AI>A) The City of Chula Vista, iu complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available for the hearing impaired. 17 -30'< - - - - - .-. -.. -- -. -- -. OTAV INDUSTRIAL PARK PRECISE PlAN GUIDELINES --.---------.-- ./ ~ ---------- -- -----------. ---- .., .- -- --- ~ .- ----- - ---, . . I ".. LEGEml D OTAYINDumw.PARK _.......'. IPEClAl.IlE<lUlAOONS IflAno . .. TOPAVlNCAPPUCABlf . ... CBULA V 1-8 T A PLANNING DEPARTMENT C) APPLICANT:CitI or Chula Vista PROJICT DIICRIl'TION: . Parks " RecreatiOD Dept. Otay IDdUltrial Park Precise ADDIlIII: OfAYlNDlJft'IlLU.PARK Piau GaldeliDes ICALI: FILl IIUMIIIl: NORTH 1" - 800' PCM - 94 -23 /7 -~.3 04<;una uO ~UA"H ~9.l.9.l.1 1:>4<;101.16,,0 SUTH~RLA~D/PALuM~O ~/u ~OLD CuAST E"GINeEKI"G ~Ob ,4418.l.~~00 1:>4<;lti13000 KT,Z MARLELINO/T~RESA TRuST I TEMPLE CHAKL~S R JK ~1911 1:>4<;lti203uO T y (0 ~AN uIEGu LA , 4418.::01100 lCURMALK JAMES H/JuN~ ~CA ~1~71:> 1:>44111209 uO .l.981 T. MC CURMA~K JAME H/JUNE ~CA 91976 0670 44.l.8d lOa u~,J~TuAIEu fRelGHTWAYS LOKP F lJf~A~AKE ~7206 44':3u1'100 AN DIEvO GAS/ELECTKIL LO ~, EB-7 ~.l.l<:: ,44.:3021:>00 ~MAKC~LA ~'11~1.l. 1 ~6 J. TR 04<;2,;0.1.1,,0 SAN ulEGu vAS/~LEC1RIC :0 ~AND MANAGEMtNf, Ell-j ~12 04<;230.:0UO UTAY VAL~EY INUJSTKIAL 'A~TNER , ~/u f,CuO"ALD PA" 17-~f ': ~ \ .- { - / ~ ~418J.l40J ('" ~~UEl JES~E "I/OURA ~CA~-~lO r 6 ~~18iZjO:> 4YNUM ART4UR R/uNA L ~Y1950 r r- ~~41812700 ~ARBL= CO ~41411 r 6441813300 S UTMEKLANJ/PALUMBU . c GINEE~l~~ r 6 ~418,ObOO CITy JF CHUU ViSTA CAGE k r 910 ,.. .- ,.. M~1<J21bUO FAuHIH" ~HULA vI~T~ ~ANITARY StRVI~E I ... - IlL_ wuRTH TiI 16110 04 'tZ .;Od uO PARTNEi UTAY VALLEY INUU~TKIAL PARTNt. ~ DNALO /7-:.55" 6442301.:0:> 5 AN DIEGO GAS IELECTKI C CD B-7 ,... .- 644' 302100 OTAY vAL-LoY S ". " 'I' , 04 ~llJ1 ,000 "ELA AuU~T INE bluE 3KI~ENO Bl:1 ~ ~HULA VISTA LA 919~1 04 ~1 ol.::~ ua ~EulvEC JO~E~I NIE A 91'10, ._'--....... b4~1l:i1'8UO uUI\THu"P RUBERT L/MA"Y E ~'~911 ".._------_.__.~.- b~'t1b2U1uO .. '- -.,......... 04't1l:i2u700 MCCORMACK JAME H/JUNc ~9B1 TkL ~T ~y LA 91976 { b4't1d2J.1uO TRIAL PAk~ ~ANTA ~E SPRINGS CA 90070 0't't2.;0J.lJ00 SAN uIEGu vAs/l:LECTRIC CU LAND MANAGEMENT. Eb-7 ~112 -' / / " / ," ----- tfF- LI ~/DlJf(h 10 ~ CiJ CHU~A VISTA CA ~1~lO K 6..4H\d;Oj BEHIVAT =BRA~IM/A~HTAR - CLUb INL A ~1 ~ 11 t 'I " ..l. C 1 '- J J J I-d: LA AIJU~ TINt o/uE 3 rd L= rd b CHuLA VI~TA LA 91911 c. Y '1 \ U 04..102u700 MCCOKMACK JAME H/JUNc ~981 Tr ~~~y LA 91976 ~ANTA fE SPRI~uS CA ~Oc7Q 04..102.LbUO FAuHIH. CHuLA YI~T~ SANITAKY SeRvILE . 'T 111 ]I . FT WuRTH T^ /bTTC 6442301~OJ SAN DIEGO GA;/ELELTkIL LO -7 6....230210J JTAY vALL:Y S 0't..2,j0 18 00 ~AN UIEGu IJA~/tLeCIRIC CU LA I.D M ANAG EMtN I. E b-'/ ~N-ur!!'~d' ?J'!.r1!' b4..2 jO,,5 uO PAi<.Ti,Ei UTAY VALLEY INuU~TKIAL PAR1N, ~ . ALD PAR1NER~ xXXXXXXXXXxXxXxXXXxXxXXXXXXXX XXXXxXxXxXxXXXxXXXXXxXXXXXXXXX ~XXXxXXXxXxxxXxXXXXXxXXXXXxxx XXXXXXXXAXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXAXXXXXX XXXXXXXXAXXXXXXXXXXXXXXXXXXXXX ~XXXXXXXXXAXXXXXXXXXXXXXXXXXX XXxXXXxXxXxXxXXXXXXXxXXXXXXXXX XXXXAXXXXXXXXXXXXXXXXXXXXXXXX XXXXxXXXxXXXXXxXXXXXX(xXXXXXXX XXX'AXAXXXAXXXXXXXXXXXXXXXXXX AXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXxXXXXXXxxxxXXXxXXxxXXXXXX XXXXXXXXAXXXXXXXXXXXXXXXXXX(XX xXXXxXxXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXAXXXXXXXXXXXXXXXXXXXXX XXXXXXxXXXXXxXXXXXXXXXXXxXxXX xXxXxXxXxXxXxXXXXXXXXXXXXXXXXX XXXXAXXXXXXXXXAXXXXXXXXXXXXXX AXAXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXX~XXXXXXXXXXXXAXXXXXX xXXXXXXXxXXXXXXXxXxXxXXXXXX^XX XXxXXXxXXXXXXXXXxXXXxXxXXXXXX XXXXxXxXxXxXXXxXXXXXXXXXXXXXXX ~4~uv4vOQ b4~O~O~7uO lVuCAB~E TRU~T OJ-20-9l vI~~KO F.NAN~IAL CuR~ ~ LhJON v "4(,')uO~Ol "NIU~ H ~ MAT"KIAL Cu It"DIEGO cA' 92.1.12 b4"O~002\J2 ~l.~C ~9.l.2 .~4()"uO~O() A(ASHIMh KAT~UMI J TK ~A ~A 919tl~ b4~O~01l9vO T~KA~HIM~ KATSU~l ..' !:~" -~ "',,-.' , It.<>_~_ JK 441H.LOYOO C UN1CA ~ b4~1/j1l0uO ~E~INSuLM VE~ETA~LE tXC~ANGE I 1111 C - r""W-"- .' . ~HvLA V ~TA CA 91912 b4~lb1l8vO vAMBuA MMNuE~/50NIA 't \' .- / I )7-37 . ,.. i _AB_ 004H5 SUPO-9j-04 . ~uTJj SAI.VAGE: AT 7'13-3 EI.EKG' ~~x~XXX~x~X~~~x~XxXXXXXXXxXXX) ~xxxxxxxx~xxxxxxxxxxxxxxxxXxx; <XXxXxXXXXXXXXXXXxXxxxXXXxXxX) xxxxXXXXXxxxxxXxXxXXXXXXXXXXX; r ,- xxxxXXXXX~XXXXXXXXXXXXXXXXXXX) XXXXXXXXXxXXXXXXXxXxXXXXxxXXX) XXXxXxXxxxxxxxxxXxXXXXXXXxXXX) xxXxXxXxxxxxxxxxXXXXXXXXXxXxx; xxxxx~XXXXXxxxXXXxXXXxXXXxxxx; XXXxxxXxxxxxxxXXXxXxxxxxXxxxx; ,.. ~ 't401~ObOO CITY OF SAN DIEGO _1.illi"~.P UE PAK TME NT ~A '1210.1. ,.. ~ 44J4C14110D ~LtTICIA ~5't ,- , "44:)5J0600 ,.. ~ATEKIAL ~ 9211.: CO .-. S/GI.OkIA I. ,.. .-. ., 44.1.8i0700 :!TY uF C-IUI.A "ISlA ~Ek ~'11'i10 ~441811100 : lUMAKA S6.1. VA lJRE Tk ~'11'111 xxxXxXXXxXxxxxxXXXXXxXXXXXXXx) XXxxxXXXXXxXxxxXxXxXxxxXXXxXX) xXXXxXXXxXxXxXXXxXxXxxxxxxxxx' XXXXXXXXXXxXxXxXXXXXXXxXXXxXx) XXxXxXxxxxxxxXXXxXXXxXxXXXXXX) xxxxxXxxxXXXxXxXxxxXXXXXXXxXX) XXXXXXXXXXXXxXxxxXXXxxxXXXxXX) xXXXXXxXxXXXxxxXXXxXXXxXXXXXX) xXxxxXXXxXxXXXxXxXXXxXxXXXxXX> xXXXxXxXXXxXXXxxxXxXxXxXXXxXX) XXXXxXxXXXxXxXXXxXXXxXxXXXXXX> xXxxxXXXXXxXxXxXxXxXxxxXXXXXX) b4 '10'101600 HALAKD R E CUNTRACTING CU ~ ~AN uI~GU I.A 9,1'12 .' b4'tO't04'iOO SU TH toR I.AI~D IP AI. UM tlO ( 11 b4'tO,Ou7uO fENTuN rl G MATtRIAI. eo ...... 9.:112 6441blU2uO ~TKUI"TuRtS INC I.H ul.A 11 o4'tl<llU8uO soeo-I. YNI.H CORP ~.l.9.l.1 / b4't.l.o11~uO KAuL DUUGI.AS/KATHRYN ~lqll /1-3P ~"'/; ~ ~~~~ ern OF CHULA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LETTER Telecopier No. (619) 585-5612 DATE: 5/11/95 TO: Star News -- Attention Sue FAX NO: 426...i364 ~ '3"t" FROM: Beverly A.. Authelet, City Clerk, City of Chula Vista SUBJECT: Notice of Public Hearing TOTAL NO. PAGES (~ncluding cover): 2 If all pages are not received, please call (619) 691-5041 ,tv 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5041 /7-3? .' NOTICE OF PUBLIC HEARING CHULA VIStA CIty COUNCIL NOTICE IS HEREBY GIVEN that a public hearing will be held by the Chula Vista City Council for the purpose of considering: PCM-94-23: Modification to the Precise Plan Guidelines for Otay Industrial Park for selected parcels along Energy Way. Subject area is located approximately 1/4 mile north of Otay Valley Road off Nirvana Avenue. The City initiated application adds language related to the use of temporary paving for open storage uses and temporary/occasional customer parking areas used no more than once per week. Copies of the language are on file in the Planning Department. Phone 691-5101 PCC-94-40: A Conditional Use Permit application submitted by Mental Health Systems, Inc. in cooperation with San Diego County Probation Department to establish a substance abuse counseling and monitoring program for probationers at 249-257 Broadway, within the C-T (Thoroughfare Commercial) zone. A plot plan and project description are on file in the Planning Department. Phone 691- 5101. 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 the above projects in court, you may be limited to raising only those issues y?U 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 CITY COUNCIL on Tuesday, May 24, 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. /7-% COUNCIL AGENDA STATEMENT Item f( Meeting Date 5/24/94 ITEM TITLE: Public Hearing: PCC-94-40; Request for a Conditional Use Permit to establish a substance abuse counseling and monitoring program for probationers at 249-257 Broadway - Mental Health Systems, Inc. SUBMITTED BY: Resolution 114q~ Granting Conditional Use Permit PCC-94-40 to establish a substance abuse counseling and monitoring program for probationers at 249-257 Broadway. Director of Planning N. City Manageu~ ~ ~ (4/5ths Vote: Yes_No X ) REVIEWED BY: The applicant, Mental Health Systems, Inc., is requesting permission to establish a substance abuse counseling and monitoring program for probationers at 249-257 Broadway. The program, Probationers in Recovery (PIR) , is a joint venture with the County of San Diego Probation Department and is funded by the County Department of Alcohol and Drug Services. The Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as Class l(a) and Class 5 exemptions. RECOMMENDATION: That Council adopt the resolution approving a Conditional Use Permit for a substance abuse counseling and monitoring program for probationers at 249-257 Broadway. BOARDS/COMMISSIONS RECOMMENDATION: On April 27, 1994, the Planning Commission voted 5-0 (Commissioners Tuchscher and Ray excused) to recommend that the Council approve the conditional use permit in accordance with Resolution PCC-92-34. DISCUSSION: Zoninl! and land use Site North South East West C- T (Commercial Thoroughfare) C-T (Commercial Thoroughfare) C-T (Commercial Thoroughfare) R-3 (Apartment Residential) C- T (Commercial Thoroughfare) Office Uses/Partially Vacant Retail (Bar/Retail Uses) Retail (Vacant Spaces/Auto Repair Single & Multi-Family Residential Automotive Sales/Mobilehome Park I? - ( Page 2, Item Meeting Date Ir 5/24/94 Site characteristics The site contains a 5,700 sq.ft. commercial building, of which Mental Health Systems proposes to lease the southerly 3,424 sq. ft. for their operations. The balance of the building is currently occupied by campaign headquarters and would remain under separate lease. There are fourteen parking spaces on site. Proiect DescriPtion The Probationers in Recovery (PIR) program includes substance abuse counseling and education for, as well as monitoring of, probationers. The program is a joint venture between Mental Health Systems, Inc., a not-for-profit organization, and the County of San Diego Probation Department. The program includes interior improvements to the building to create office spaces to suit their program needs. As a public/quasi-public use it requires a recommendation by the Planning Commission and approval by the City Council as an Unclassified Use per Section 19.54.020(M). Program Clients The clients served by the PIR program include both male and female probationers. They are referred to this program primarily by probation officers, and are court-ordered to attend; the alternative is incarceration. Clients are directed to this program based upon their drug history and the fact that the crimes they committed were related to their addiction(s). The typical client is an unmarried man around the age of 30 years. Neither "career criminals" nor those who have committed violent offenses are permitted into the program, nor are persons with other special needs (such as the mentally ill). The typical types of crimes committed by the client prior to probation are as follows: 70% - 80% 15% - 20% 5% - 10% convicted of drug related crimes (under the influence, possession, sales) convicted of property crimes (burglary) convicted of personal crimes (mugging) Please see Exhibit "A" Clients are required to pay for their participation in the PIR program based on a sliding scale. Those who are unable to pay must perform community service activities. )f-2 Page 3, Item Meeting Date It 5/24/94 Program Descriotion The PIR program was originally established in the City of Vista in November of 1989. Mental Health Systems also runs this program at facilities in Los Angeles and San Bernardino. The program consists of two phases of individual and group substance abuse counseling and education by clinical staff, and monitoring of clients by probation officers. Phase I of the program lasts for a minimum of six months. During this time, clients must check in with probation officers daily by phone and report for random urine testing as required, attend counseling and education classes three times a week, and attend Narcotics Anonymous/ Alcoholics Anonymous meetings each week. If a review board consisting of probation officers, clinical staff, and a previous graduate determines that the client is ready, he/she enters phase II. This three month program focuses on relapse prevention, and includes one group counseling session per week with continued attendance at Narcotics/Alcoholics Anonymous meetings. Probation officers work at the same location as the counselors, enabling them to monitor clients' activities and behaviors including their compliance with program requirements. Probation officers have the authority to search clients, test for drugs, impose sanctions for transgressions, and take clients into custody if they deem necessary. Therefore, if clients fail to attend scheduled counseling sessions or engage in other unacceptable behaviors, the probation officers can address the problem immediately. Failure on the part of the client to follow the program as required could result in curfew, additional counseling, public service projects, or other penalties. Should a client be found or suspected of being under the influence of drugs or alcohol at the site, the client will be immediately transported from the site to his/her home, a detoxification facility, or jail. Program counselors primarily consist of recovered addicts (a minimum of four years clean) with clinical training. The minimum educational requirements for counselors is a bachelor's degree with state counseling certification. Please see attached Exhibit "B" Program Schedule The applicant has provided a tentative counseling schedule which shows individual counseling from 8:00 a.m. to 9:30 a.m. and 3:30 p.m. to 5:00 p.m. Monday through Friday. Group counseling sessions, ranging in size from 12 to 30 persons, will take place from 10:00 a.m. to noon, 1:00 p.m. to 3:00 p.m., and 6:00 p.m. to 8:00 p.m. during the week. Limited activity !J,3 Page 4, Item Meeting Date tl 5/24/94 will take place on the weekends, consisting primarily of random drug testing by probation officers between the hours of 11:00 a.m. and 1:00 p.m. Please see attached Exhibit "c" ANALYSIS: The PIR South Bay program was initially established in National City. After operating there for approximately one year, PIR staff were notified by City officials that their business license approval did not include group counseling, which would require a conditional use permit (no formal complaints were lodged by the public). PIR staff opted not to pursue the conditional use permit process in National City, and began seeking locations elsewhere in the South Bay (they are currently operating in National City subject to a written agreement limiting the size of counseling group sessions). This program is considered unique as a drug rehabilitation program, due to the involvement of the Department of Probation. Probation officers are on site throughout the day, which provides an added element of security to the operation. Although officers are not armed, they are authorized to conduct search and seizure on probationers, and can arrest them if the need arises. Officials of the PIR program report that they have had no altercations involving clients in past years; however, probation officers could call for police back-up if they felt it was warranted. A break room will be provided within the facility, and program staff state that they will not permit loitering in the area around the site. This would address any concerns that clients would congregate outside, or that they may present a security problem to nearby businesses and residents. Staff has spoken with City of Vista staff, where an identical program is currently operating. The program at that location is situated in a commercial center some distance from any residential areas. They have received no complaints regarding that operation. Additionally, Chula Vista staff visited the PIR facility in Vista. A number of clients were present for a group counseling session which appeared very orderly and well controlled. There were no people (clients or otherwise) standing about outside of the offices or counseling rooms, and the operation seemed to run quite smoothly. PIR staff has provided the results of interviews with people adjacent to the Vista facility stating that they have had no problems with the program or its clients (please see attached Exhibit "0"). Staff finds that the program provides adequate controls from impacts that affect surrounding businesses and residents. Additionally, the presence of probation officers on site discourages 18 -Cf Page 5, Item Meeting Date !f( 5/24/94 the possibility of problems related to clients that might be under the influence or exhibiting aggressive behavior. The Police Department has reviewed the request and has indicated no objections. Staff believes that the program is a beneficial one in that it provides rehabilitative services, and that sufficient safeguards are in place to protect the surrounding neighborhood. Also, staff is recommending a condition to require staff review after one year in order to ensure that there have been no adverse impacts. Parking The site has fourteen parking spaces, of which eight would be available for PIR based upon their occupancy of 60% of the building. Although the applicant states that only 30% of their clients drive themselves, the fact that there could be as many as six staff and 30 clients on site at one time could result in a parking deficit. It should be noted, however, that a retail tenant with a theoretical parking demand of 17 parking spaces could occupy the same floor area as a matter of right. Based upon PIR's estimate that only 30% of clients drive to the site, the PIR program at peak would create a demand for 16 spaces, or one less than a retail tenant. In addition, the site will generally be operating well below peak, with 2-3 staff and at most no more than 10-15 clients, resulting in a parking demand which closely approximates the number of available spaces. PIR has agreed to limit groups to not more than 15 clients in order to balance the demand with available parking. Based on the foregoing, staff recommends approval of the proposal subject to the conditions and based upon the findings itemized in the draft City Council resolution. Public response A public forum was held on March 30, 1994, involving staff, representatives from Mental Health Systems and the County Probation Department, and three members of the public (the forum was noticed beyond the normal 500' radius and included all property owners, residents, and commercial tenants). After the presentation and a question and answer period, those in attendance voiced general support for the program. Phone calls received by staff in response to the notice focused primarily on questions as to whether this would be a residential facility. When it was explained that it was not a residential program, there appeared to be no objection to the proposal from the callers. l<?-s Page 6, Item Meeting Date jJ' 5/24/94 There has been no opposition to the request expressed to staff or at the Planning Conunission hearing. Modified Conditions Subsequent to the Planning Conunission hearing, staff was advised that Vicky Markey, Deputy Chief of the Department of Probation, had concerns regarding their ability to comply with the following conditions originally proposed by staff and reviewed and reconunended for approval by the Planning Conunission: A probation officer shall be on site during all times at which clients are present Any client found or suspected to be under the influence of alcohol or illegal drugs shall be removed from the site and transported by a probation officer to the client's residence or to a County facility, per the policy statement which has been incorporated into the program description. In the attached letter dated May 9, 1994, Robert Gaudi of Mental Health Systems states that the County Probation Department does not have the resources to provide probation officers on site during all hours of operation. However, he points out that officers will be on site from 7:00 a.m. to 6:00 p.m. (the facility will be open until 8:00 p.m), and that officers will be made available by pager during all hours of operation. According to Mr. Gaudi, the clients seen during the evening hours are holding down daytime jobs; they are generally more stable and reliable and, therefore, are less likely to pose a situation in which the presence of probation officers would be necessary. With respect to the second condition referenced, the applicant has asked that the item be re- worded to indicate that while the probation officer will ensure that the subject client be removed from the site, the officer need not be the person to remove the client. This will allow the probation officers some flexibility in handling potential situations as they deem appropriate, while still providing for the removal of a problem client. It is staff's opinion that the applicant has provided reasonable alternatives to the subject conditions, and that they have addressed the security concerns for which the original conditions were written. It is believed that the requested amendments can be acconunodated, and the two conditions discussed have therefore been rewritten to reflect the requested changes in the draft Council resolution. /~~{p Page 7. Item Meeting Date If 5/24/94 As noted above, the Planning Commission, in making its recommendation for approval, did not review these changes. However, the Commission was informed of the changes at its May 11th meeting and none of the Commissioners had any objections to the revised conditions. Deoartment Comments The following comments have been received from other City departments and are listed here for information only. Fire Department: a. Fire extinguishers will be required b. A fire inspection will be required c. State licensing requirements shall be met The Building & Housing Department has advised that any remodeling will require a building permit. Public Works Department: a. Procurement of a Construction Permit will be required for any work performed in the public right-of-way; this may include, but is not necessarily limited to, the installation of a ISO-watt HPSV street light. b. Payment of sewer, administrative fee, and sewer capacity fees shall be calculated upon submittal of building plans. FISCAL IMPACT: Not applicable Attachments City Council Resolution Locator "j f '/ Qe and floor plans I' i /. ~ibit A - Typical offenses committed by clients . xhibit B - Program description/typical client profile .' xhibit C - Applicant proposed program schedule r / U xhibit D - Applicant conducted interviews with Vista program neighbors o May 9, 1994 letter from Mental Health Systems requesting amendments to conditions €-I Planning Commission Resolution I ~ Planning Commission Minutes ...- c.. Disclosure Statement 1~-1 //f-/O " ....JII i 'e-' ~ : l . . . I . I ; I I I : ~ I : I :uti'v , 'I , , I' I I , 'I !---, , 'I I _ _ _ _ .1_ -I~ _ _ ..a. -- @ H~ ---------r-- l1~r ---- ------ PROJECT l.QCATION 1J () '- . i 1 CoM\' I . - DAVO e '--rt r ; t.41t P . r-- L___ ~f I .--- ~-- I I M'tf' I I I. I ~-- , t. I ".wv. . I I~ I r-- , 'tIM' I I If' ' ~ I I . , I I , I I I , . . CBULA VIST A PLANNING DEPARTMENT (!) APPLICAllT:MEN'[AL lR4LTB PII0...CT D..caIPTIO.: jUTEMS tPMDmONAL 1JR ..nt.k11 ADD""I: _.1'7 ..oADWAY CeIIrt ...uV' """......1 for ... .........-a lCAL.: PILI ..I.Il: of ......110..... I?-Y MORTB i" - 200' PCC-94-40 ~ ... -fr-. .-- "wAST PARK lANB (AL. .6 ~J(/$"1Y1ft ",4fAA~V'- s.'t'~" ~ - - ~ . I '1 1) .6G'.sn'h~ ~AVS< If<<' 1C$tt!),., SH&O . .s'c . ~ , . . . . . . . . ~ . . /tJO.a:J' . . ... . ./ . . . . . . . . '#ST4M~ ~ - ~~f g~MI~ .-t-. Jobin J. F,wlin . .....-...-.- --- -....... - ---- -. ..., IMNTAL 11.~I:r" aY8TIM..INC. OADW A Y .... D CiIIIL IU laD c-_1Ilo ----... . ... '" -..... ...~... PLOT PLAN J:'tM'l.'" A.r.N. ..,~, /f"~ '1 LDTS , AND:/ .OBUTA rARK NO.2 w.P 2328 t ~..t I It I ~ " I . I i e 1 i I I I I l ~ ~ . 1\ s I . . . , i .~ i t II \ . Il~HI .'. . Illb A , . !. . . I h I I -1 ( I .Ii /i -ID , RESOLUTION NO. ) 7l/-q<:j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING CONDITIONAL USE PERMIT PCC-94-40 TO ESTABUSH A SUBSTANCE ABUSE COUNSEUNG AND MONITORING PROGRAM FOR PROBATIONERS AT 249-257 BROADWAY WHEREAS, a duly verified application for a conditional use permit was f11ed with the Planning Department of the City of Chula Vista on February 9, 1994 by Mental Health Systems; and WHEREAS, said application requests approval of a conditional use permit (pcC-94-40) to allow a substance abuse counseling and monitoring program for probationers to be located at 249-257 Broadway in the C- T zoning district; and WHEREAS, the Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as Class l(a) and Class 5 exemptions; and WHEREAS, the Planning Commission held a public hearing on April 27 , 1994 and voted 5-0 recommending that the City Council approve subject project; and WHEREAS, the City Clerk set the time and place for a hearing on said 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 an area greater than 500 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 6:00 p.m., May 24, 1994 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby fmd: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general weD being of the neighborhood or the community. The conditional approval of PCC-94-40 is necessary and desirable in order to provide a service which will contribute to the general well being of the community by providing counseling and monitoring designed to reduce substance abuse and related crime. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The conditional approval of PCC-94-40 should not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the program and /g-f! clients are well controlled and conditions have been included to address potential off-site impacts. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project will be required to comply with all applicable codes, conditions, and regulations on a continuing basis. In approving this use, the Council fInds that the use is similar to a church/offIce use in that the meeting room used for group counseling would represent a typical parking ratio of 1 per 3-112 seats or approximately four spaces for the counseling area, with a total of eight required parking spaces for the entire facility . 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of PCC-94-40 will not adversely affect the General Plan in that counseling facilities such as that proposed are permitted as an UnclassifIed Use upon approval of this conditional use permit by the City Council. . BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants conditional use permit PCC-94-40 subject to the following conditions whereby: a. The program shall comply with the descriptions and schedules submitted by the applicant unless otherwise modified by these conditions. b. The program shall comply with all applicable state and county licensing requirements and regulations for such programs. c. Eight of the fourteen on-site parking spaces shall be labeled and designated for the Probationers in Recovery program. d. Group sessions shall be limited to groups of 15 clients or less. e. A probation offIcer shall be on site or available by pager during all times at which clients are present. f. No group activities shall take place on-site on weekends. g. Any client found or suspected to be under the influence of alcohol or illegal drugs shall be removed from the site and transported to the client's residence or to a County detoxification facility or to jail, per the policy statement which has been incorporated into the program description. h. Clients of the program shall not be allowed to loiter or congregate in the vicinity of the subject site. Clients shall remain on site for the duration of their visits, and breaks shall be conducted within the enclosed building. /i-/~ i. Where feasible, residents of Chula Vista shall be given preference for entry into the program. j. Program coordinators shall encourage clients' who are required to participate in community service activities to investigate involvement in organizations based in Chula Vista. k. The permit shall be reviewed in one year by Planning staff in consultation with the Police Department to ensure no adverse impacts as well as compliance with all conditions of approval. Upon a positive fInding, no further review shall be necessary. A negative fmding shall result in the forwarding of a recommendation for revocation to the Planning Commission for consideration. At any time prior to that date, however, substantiated conflicts with, or complaints from the surrounding neighborhood will be cause for immediate review and possible revocation of the permit. 1. The permit shall be subject to any and all new, modifIed, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety, or welfare which the City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. m. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. That a copy of this resolution be transmitted to the applicant. c Presented by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney /i,e . :,'~ ",: ,,\' " " ,.':'.:J:-,,,,.,: ','I, d" , ,\ ~ ' : '" I': " " ; .. ,~ .' .". ," ,'~, :" ':"'" t". ""'-.' ",,:, "'1'; '. " "',," I,:': "i,,' "'" " ~ , ..::" "j,"'i' , , ,I., "' ,.' ..,:~~,~~~;::u.;~~!:}~r "~" 'r~~,,'''i' " .,', "",.<.. .~L ,i~ " " ',' . ,~; ,,; ,',', ", " .' ,r;.,> """", .' ., , ". .' ,~ ' " . '. 'J.'-/,' \' ":"f' ; :,~, ,1',: "~I"~ '~.w '~;:',~~:;!~, ,. pl$L1eAn~~i't.':;:'" iii, .~ . . ",.,-'" '"II ;.'t ,', " ... ",' ,'. ' ",c'" , ,,-'; ,'j, "".'1', .'....,.............. ,(,' I,: ',~ ","r." '<~~~~, ^.,' ,,'\'. '1"-, ',?,~<,..:f..~:'!j'/ .~ ,_, ;'1,>. ,~ ~,,:,' ">,' ;,1", I,,' ,-,', ',1., -'/~.'~.F"~~'<. '''''':"f'/,' ,;,;." ~c ':;,,"~ '., -, -", .' /:,-,~:., '~'," "" "i',._' ,J'4: ." <"" ,,_.:,. d':,\ I' <, ,':.".'.".,.'.::"", :,.- '~':'.. '~:'.:'~V:,:" i_,I, ;"-),,'i," ;',"';""',\,,'i:'~':':J;:;!'::" '"" '\"":"'~~~'LL:4J'\":; '",~\'::"""-' ,.,'." ."",,',:~j,.;~,\i,,~. "1" "t "'''''i'::- ";):"'-<\"."1 ~'C' ,. .,'~ "t, '. .........~X'}:'~'.:..,.3,,;f~1:l~;;~:~~'::;;\r.T.5;~J'f~';~....."... QijgjIt~~, "":;~,'~ .".:."...... "'i;~::,i(~,;j';;"{":'i'~';'",,, ,', '.","... . ....~~iril(,:;,~':'.. ,....:':,....',..',' .,,':;:':'" .' :;' .':'< !;,' ";:,', ..,'<'" ,'L<!,:;i;;,"il: ...." . ... ':,' . Qdl' '"," ":," 'i', ," ,:":~,,;:.,,.,'-c." .'"-',,, ',", "',~', ''-"~ ;\':"" ',)' ." .............11,.',": I ".'." .' ;:.;.J1..~"/,'">-,.r;> >,.,-.. C ," '11>..' . .'.,'.',' '.'.~'" '-.,.." -'~' . " ':'~ \ '> "". -, ,- "' :' ~ ''7\ :,If,',. (I \~- ',", :',:'.(~::,:,;,:,.,~" "" ,~.~ r~rt.i' ,..... ...~~~....... ,I, , '!"" '~ -", ':.:. ',~'."I, ,.,," :')")~,/~ , ,.,<, .,_..,,'" " "'.,e' '. , ~," '. . "",' '. :,\':' , ~'. ," ',:" ',' I''', ,,',' ,,'( , , ~ ;', ,,', " ",' '"'''' ,I..,' ,,,,,, ."" 'd~ - ;.' ",C,:,;".:",',' :,", '",' " ','." , .. '\>': ,,,,' /".:' .. '~', ''',1 ,,',1,':-' -~:i:\' "'" , ~:'. : 1, , " , ,.,. ., "" ,,', "':. ',:"" " , . , " , " . , . -." " ". ' ',I,,; , '", ", 'I.: ',.",' '" " 11,.- '.! :", , :~, . ,,", , ';':;:';<- ",'-," '''','. :.;/',, ',,,',' , " , , 'I','''',', '"',, '"", '119. ,I,'"~ """".";,' :1,. " ;.ss:; ! ',;i:~ "f" ,.",;t:;-. ~~f"}l' NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of the City of Chula Vista, California, for the purpose of considering an application for a conditional use permit. The application, submitted by Mental Health Systems, Inc. in cooperation with the County of San Diego Probation Department, requests permission to establish a substance abuse counseling and monitoring program for probationers at 249-257 Broadway, within the C- T (Thoroughfare Commercial) zone. A plot plan and project description are on file in the office of the Planning Department. The Environmental Review Coordinator has determined that this proposal is exempt from environmental review under CEQA as Class l(a) and Class 5 exemptions. 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 conditional use permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 24, 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. DATED: May 11, 1994 CASE NO. PCC-94-40 COMPLIANCE WI11I AMERICANS WI11I DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please coutact Naucy Ripley for specific information at (619) 691-5101. California Relay Service is available for the hearing impaired. It -/1/ -" .-Jll i 'e-I ~ 1 I I I . . I . IT' 1 · I I I I 1 I . I I I: I I I' I :"""1'", I I I I : I I I !---, I I I, I _ _ _ _ ..1_ -1- - - .... --- ---- @ ---------r--- I IUM'v t1"r L_..__ -----~-: ~- l_-rt" ~ e MMP L____ .- - -~. I I M'tP I. I I I ! r-- I t--- I ~-- t, , r--- IUJ.A'..... ! () '- . I I . : ". !/rT1-, ---- - ~!;f ...It- .. -~~- , 'J ---- I .. i ~ J ~f .' j --~- tA{'a, , , If' ' ~ , , ....-. 1 I - , I I I , r , 1 1 I , , Jt );. ~~" IJ::J- / .' I lIlT ~ '-oM'L,. J i I_L I , ""'\ Pi ," lo... ~ . DAY!) r "")- \."~ , I I I I I ".w\l. I~ ! CBULA VISTA PLANNING DEPARTMENT ,,''''IC'''T: MENtAL gv ~TB PROJ'CT DPctlIPTlO.: SYSTEMS g)'ND~ ....RMIT "DDIl'": W-S'7 ..oADWAY CMrt ..11" .......l1li1 for ud .......1 lCALI: FILl .utIIllll: ... ......tioIIen. 1" _ 200' pee - 94 - 40 /6>-/7 (!) NOtml RESIDENT ~1910 RESIDENT ' ~1910 RESIDENT. ~910 RESIDENT RESIDENT RESIDENT --~ L ~a Vista. CA 91910 ~910' RESIDENT ~91910 ~A 91910 /1- /f ~r/ / ~{ / I ij\17 .. Sent copies to Residents and prQ?erty owners 567-074-03 Sent under res i dent 567-074-04 Sent under resident " 567-074-05 sent under resident 567-074-06 sent under resident 567-074-07 ~ Jeannette Chula Vista. CA 91911 567-074-08 Robles. Maria c/o Moises. Carlin . .IIIIIM' Chula Vista. CA 91910 567-074-09 Paonessa. Joseph & Teresa a- ~la Vista. CA 91910 567-074-10 Kuo . Frauke '. Chula Vista. CA 91910 567-074-11 sent under resident 567-074-12 sent under resident 567-073-03 Missri. Joises & Esterina Chula Vsita. CA 91910 567-073-04 Stone. John & May - ~ - Chula Vista. CA 9 0 567-073-05 sent under resident 567-073-06 sent under resident 567-073-07 Delane~ ThomasLHaigh. Doug _... ... San Diego. CA 92117 567-080-01 Watson. Donna u a Vista. CA 91910 567-080-03 Brooks. John & Genevieve M Chula Vista. CA 91910 567-080-04 Brooks. John & Genevieve It- /9 567-080-05 Manfredi. Melissa La Jolla. CA 92037 Eulalia ~I! r i ;J \0/ f K II;, "i'''iIII'...".!!,,~ RESIDENT ~910 RESIDENT ~910 RESIDENT .'. o RESIDENT ~910 10 ~ ~91910 RESIDENT ~1910 RESIDENT ~1910 /1- .u Caravan Trailer Park Resident list for PCC-94-40 ~910 RESIDENT , Chula Vista, CA 91910 RESIDENT r - . ~~ Chula Vista, CA 91910 Chula Vista, CA 91910 RESIDENT Chu1a Vista, CA 91910 Chu1a Vista, CA 91910 Chu1a Vista, CA 91910 RESIDENT ~910 .'. RESIDENT ~910 RESIDENT .!lJ I .. ...~ .. - ... - Chula Vista, CA 91910 .. , Chu1a Vista, CA 91910 RESIDENT RESIDENT ~910 It -;2/ RESIDENT ~10 ~ Chula Vista, CA 91910 RESIDENT RESIDENT ~910 RESIDENT RESIDENT RESIDENT RESIDENT ~10 ~ :hula Vista, CA 91910 RESIDENT ~ESIDENT Chula Vista, RESIDENT ~910 ~ESIDENT RESIDENT Chula Vista, CA 91910 RESIDENT .'. RESIDENT RESIDENT J t~af;J. Shirley DeShaw RESIDENT Chu1a V;sta. RESIDENT RESIDENT RESIDENT ~10 RESIDENT o u1a V;sta. RESIDENT I .__ Chu1a V;sta. CA 10 RESIDENT 91910 RESIDENT '. 91910 Chu1a V;sta. CA 91910 RESIDENT RESIDENT RESIDENT RESIDENT Chu1a V;sta. CA 91910 RESIDENT ~ V;sta. CA 91910 RESIDENT RESIDENT 91910 RESIDENT RESIDENT . . '"" ~IV;sta. CA 919101/-023 RESIDENT ~ESIDENT ...-- - ...IIU I Cl 'I ~ l.a t....1\ J . "" . y- RESlWT o u a Vista. RESIDENT o ~JlESIDENT ~a Vista~ CA 91910 RESIDENT o o o RESIDENT RESIDENT 1 ESIDENT 'hula Vista:'CA-v91910 91910 ESIDENT (ESIDENT ~ESIDENT ~1910 ~ESIDENT RESIDENT '. o 10 o RESIDENT RESIDENT o RESIDENT RESIDENT o ........ 1u1a Vista. CA 91910 ~ ~10 ESIDENT ~91910 ESIDENT ~91910 ~ ~1910 /f-~ -. ~IDENT . w' .J. u1a Vista. CA 91910 :SIDENT :~ '" PO L. __..... IUla vlsta, ~A ::f1:f1V :SIDENT ~ .. lU a Vista. CA 91910 ~SIDENT 1 n. 1u1a Vista. CA 91910 ~SIDENT ~o ESIDENT ~ ....... . u a Vista. CA 91910 ESIDENT sta. CA 91910 (ESI DENT ~ ".'. . u1a Vista. CA 91910 RESIDENT ~la Vista. CA 91910 RESIDENT ~a Vista. c1 91910 RESIDENT ~ Vista. CA 91910 RESIDENT ~ista. CA 91910 RESIDENT ~ Vista..CA 91910 RESIDENT e-!.- Vista. CA 91910 RESIDENT ~a Vista. CA 91910 RESIDENT ~la Vista. CA ~10 RESIDENT ~ Vista. CA RESIDENT ~91910 91910 RESIDENT RESIDENT B!- Vista. CA 91910 " . 1 Chu1a Vista. CA 91910 RESIDENT ~ 91910 RESIDENT ~91910 RESIDENT Chu1a Vista. CA RESIDENT ~ista. CA 91910 1 9191olt-~7 ESIDENT ~ 91910 RESIDENT ~la Vista, CA 91910 ~ESIDENT ~91910 ~ Chu1a Vista, CA 91910 :ES I DENT :hu1a Vista,-!e 91910 RESIDENT ~u1a Vi.sta....CA 91910 ~ESI DENT ~55-D _ Je :hu1a Vista, CA 91910 RESIDENT ~u1a Vista. CA ~10 (ESI DENT ~Vista, CA 91910 RESIDENT ~a Vista, CA 91910 ~ESIDENT ~la Vista, CA 91910 RESIDENT u a Vista, ~ESI :hu1a Vista, CA 91910 RESIDENT ~ Vista, CA 91910 RESIDENT tiiIII - e t tnU1alVista, CA 91910 RESIDENT InIIIl ~u1a Vista,'CA 91910 RESIDENT -- Cliii"I"a Vista, CA 91910 RESIDENT ~ ._.._~ u1a Vista, CA 91910 RESIDENT ~a Vista, CA -91910 RESIDENT ~910/!-~9 RESIDENT Chu1a Vista. CA 91910 RESIDENT u a Vista, RESIDENT ~ .._"~- u1a Vista, CA 91910 ~ RESIDENT ~la Vista, CA 9~910 RESIDENT ~a Vista, CA 9~910 RESIDENT e!- Vista, - CA 91910 RESIDENT ~ Vista, CA 91910 RESIDENT ~sta, CA 91910 RESIDENT ~~sta, CA 91910 -----~ "Res i dent" 1 abe 1 s for Menta 1 Hl th Sys terns PCC-94-40 RESIDENT ~91910 RESIDENT_ Chula Vista. CA 91910 RESl DENT ~1910 RESIDENT ~la Vista. CA 91910 RESIDENT ~1910 RESIDENT ~la Vista~ CA 91910 RESIDENT ~91910 Mary's Dog Fashions/Occupant ~A 91910 RESIDENT ~CA 91910 Euroasian Auto center/OCcupant ~A 91910 RESIDENT ~91910 RESIDENT ~ Vista. CA 91910 RESIDENT ~A 91910 RESIDENT ~ Vista~ CA 91910 RESIDENT ~la Vista, CA 91910 B & L Auto Parts/Occupant ~ 91910 RESIDENT ~A 91910 ~ Chula Vista, CA 91910 ~ Chula Vista. CA 91910 RESIDENT I]Ir Chula Vista. CA 91910 Chula Vista. CA 91910 RESIDENT Chula Vista. CA 91910 . RESIDENT Chula Vista. CA 91910 RESIDENT Chula Vista. CA 91910 ~ Chula Vista, CA 91910 91910 .--- Chula Vista, CA 91910 /1- ~<J Resident" labels for Mental Hea I Systems PCC-94-40 ~ Chu1a Vista, CA 91910 RESIDENT Chu1a Vista, CA 91910 RESIDENT RESIDENT __a Vista, CA 91910 RESIDENT ~CA RESIDENT ea Vista., CA 91910 91910 RESIDENT 91910 CA 91910 ~ ~A 91910 RESIDENT ~A 91910 ..... Chula Vista, CA 91910 ~ Chu1a Vista, CA 91910 RESIDENT !nula Vista, CA 91910 91910 RESIDENT .. !nu1a Vista;-h 91910 ~ Chula Vista, CA 91910 .... Chu1a Vista. CA 91910 ~ Chu1a Vista, CA 91910 .... Chula Vista, CA 91910 ~ Chula Vista, CA 91910Itf-g,; 91910 Chula Vista, CA 91910 - Chula Vista, CA 91910 RESIDENT !ula VistL ~ 91910 ~ Chu1a Vista, CA 91910 ~ Chula Vista,CA 91910 RESIDENT era Vista, l CA 91910 Chu1a Vista, CA 91910 RESIDENT ~ Vista, CAe 91910 RESIDENT ~1910 ent" labels for Mental Hea Systems PCC-94-40 DENT - _. L a Vista. CA"91910 IfIDENT J Chu1a Vista. CA 91910 RESIDENT _ , .. ~~C"" Chu1a Vista. CA 91910 :DENT i L a Vista. tA 91910 ~SIDENT . Jf Chu1a Vista. CA 91910 RESIDENT _._ .. .~ wV' ~vv Chu1a Vista. CA 91910 DENT ~CA 91910 RESIDENT Chu1a Vista. CA 91910 RESIDENT -.w. p - cnura-Vista. CA 91910 Chu1a Vista. CA 91910 RESIDENT - -.'~~'- Chu1a Vista. CA 91910 IDENT 1~ CA 91910 RESIDENT IDENT - . 1a Vista, l! 91910 RESIDENT .-- - 1 IChu1a Vista. CA 91910 RESIDENT - - - r Chu1a Vista, CA 91910 IDENT - ~..... 1a Vista, ~A 91910 RESIDENT J . Chu1a-Vista, tA 91910 RESIDENT -I -. - t Chu1a Vista, CA 91910 t Roundup & Shoe Repair ... . J 1a Vista, CA 91910 RESIDENT Chu1a Vista, CA 91910 RESIDENT ___ fI ~ Jtreet Chu1a Vista, CA 91910 . Chu1a Vista. CA 91910 RESIDENT liiIIIiI- ~a Vista, CA 91910 Hairdressers { . 1a Vista, CA 91910 RESIDENT IDENT ~ RESIDENT N - - _h . 1a ista. CA 91910 Chu1a Vista, CA 91910 Chula Vista. CA 91910 I I DENT RESIDENT - ~y . - ---"-J 1a Vista, CA 91910 Chu1a Vista, CA 91910 It-oj Chu1a Vista. CA 91910 , 5b7v7'tOoOU RUBLE~ I'IAKIA A C ~E~ CAKLlN CHULA ViSTA 1u :>b 70"/409uO . ~PH/TEKE5A CHuLA vI~TA CA 91910 .. . ... CHULA V I ~TA CA 91910 . :>b701l0UbuO . ~EL R/EULALIA L HuLA vI~TA 91910 C 5b7u7't1iOO HUWARu U Ii ~~T tlUN1TA CA 9.1.9u8 5b7u8UO:>00 MA'ltR.Jii MELbSA 'r-A JQLLA CA 9,bj~ ;;; /t-3:< .' , ~XXXX^XXXXXXXXXXXXXXXXXXXXXXX, XXXXXXXXXXXXXXXXXXXXXXX^^^^^^' XXXXX~XXXXXXXXXXXXXXXXXXXXXXX) xxxxxxxXXXXXXXXXXXXXXXXXXXXXX' XXXXX~XXXXXXXXXXXXXXXXXXXXXXXt XXXXXXXXXXXxxxxxxxxxxXXXXXXXX' I XXXXXXXXXXXXXXXXXXXXXXXXXXXXX' XXXXXXXXXXXXXXXXXXXXXXxXXXXXX' x xxx xx x xxx xxx xx xx XXXX xx xx xx XX t, xx XXXX xx xx xx xx XXXX XXXX XXXX XXx' f 5 b7J7..0bOO ~/BAR~ARA S ~ HULA V IS1 A CA <;lY10 , . 5 b7:l7..100:> 0( uo F"AuKE - - :; HUL. A VIS r A C A '11 '110 . . ; b7:>8J030:> ~ M/GE~EVIEVE M TRS CHULA VISTA CA '11'110 5b 70 '/40700 ~/JEANNEITE L CHuLA VISTA \,~ 9.L911 5b 70 f't 11 00 MART IN wILLIA~ ~ 9.L9.L0 NEvlEVE M lR:. /g-~ 0.0 ( 0.(.. o. t !i ( Ot'" c. (: . .tn 1[ C4-< . CO.~ 5b7u4:;llOu ~ ~ ~l~lv .5b7V510100 CKANDALL LAftReNCE 0 i'J TVil.KEY ~INE~ PRUPi:RTY LA JOLLA LA 9,OJ7 "I(,M I / 5b7v5.1.0~Ou F~ANCO MA~IA ~ ~Li:> RulL ~EDR, J C/O PcDKD J RoIL 5b7v5,O.l.OD ~ CHULA V!SIA CA ~1~1~ 5b7u5,0:.OU Bu~ ITA LA 9~9u2 5b705JO.l.Ou GIANULI~ JAME~ T TR PRuPcRTI eS LA JOLLA LA 9,OJ7 5b7U5J070u ~G!D JK/NDKMA ~C~ ~1Y1u 5b705J1~Ou GkEeNc JAME~ K/ALICe L 2 il. S 1 5b7u730:>00 ~u/JANILE S ~CA ~l~lu M(,"I1 :>6704318uO MC NERTNcY RUBeRT L/HELEN J T' il CHuLA VI~TA ~A 919.1.0 :>670:> 1u2 vO HI LDcBKA" RNON tl/I:JNA E 9,0,7 :>67051u6,,0 KOLLIN D1Tu JR/"IAR(,AKEl A ~91910 :>610:>2u2,,0 ~SIE M ~19.1.0 :>670:>2u6,,0 vUTlt:RKEL MEL ON/MAKIA I: S YSIDKO CA ~2173 :>670:>3U2vO LHANG ME! Y I NG L/U TRuM~N BKO A CA 91910 :>670:>3.1.0uO TAM KWUNv Y/LILLv ~1N ulEGu CA 9,117 5670:>314 vO ~ ~54 :>67073V61.10 KUSS JuH" J.utO lTH M H~ ~A vl~TA LA 91910 5b7v7..0400 ~L ~ ~l~lu 56 '10 7405 vO ~~kENE ;%-# ~91910 ) ) , . . . . M:;' . . . . . . . . . "'t ., .. . . ; . J VV v'IJ vv ",\IV'" \IV 'VV 'VV \IV vv vV vv"v vv v "y vv 'It'Y \tV \tY)L V "y 'It: V YY_V_~v.v V v.)t ~y. )I: . f)r:> oe · .. __I . o.c. . '0.( . y, 0. (. -Q.'-~ . oec. JI'"L:e . 56704.H?OO GREENL.AW ~Ru:E: ~A OI/\;AROLI NA C ~1~10 ?670't316UO PAUNtSSA JUSE:PH/TEKESA ~ 9~910 (, 5 b1J4H~OO -tuLsE VIR~INIA Il TRUST 7 ?670"3l0UO 09-10-" ~YNN ~9~910 t I( . 5 b705<.OtlOO ~L.OL~/CUN$TANCE J iTA CA 919U8 . . 5 b7;)5j030U K IM~A~FA~Y TRuST '11 bIbB ~UL A V 1ST A C A ~1~10 o eLlC . o 'UI Jf De... . 5 b705j 1100 olr_ ~R 0...- . 'os 1(' . SAN DiEGD CA ~215" . .U4J( . . ."'-'Lllt. . J/ESTE:UNA L TR U ,\ 4 5 b7J 51 0300 ~E:LE: L US A~GE:L;:S CA ~OUU ,.., 5 b7J5J.070IJ ~ M/HEKMILA (; C HUL.A V 1ST A CA ~1'110 . 5 b7;J5Ll100 ~R)~~ILLIP_P/CHRI$TIN: L 1'1) A ~1 ~41 . '" RLENE F CHUL.A VlSIA CA 91~10 ~ 5 b707:l0 (00 ~. S AN DIEGO CA 92111 11-.35 ~ ?670?10400 HATAYAMA CHIAKl/kElKU ~A 91910 ?b70?10BUO E:VANS JAMES L/tlAKBARA ~S PROP ~u311 S I'IGMT L ?b 70'20400 ~AkOLD D \;HuLA VI::I'fA LA 91910 ?670,2u9uO ~/SHIKLeY CHuLA vISTA CA 91911 A h ?b (0,304uO L/L eNTERPKISEs LASSMAN LA 9J.910 ?b 70,31200 ~OLIV . E~U\'Iu . ;r NI I A CA ~1 t. JR/NURI'IA ?b707403UO ~('USTl"l CHuLA VI ST A CA B/AMPARu M 9 ~910 .XXXIXIXIXXXXX.XXXXXXVXXXXXXXX VXXXXXXXX.XXXXXX~~~X~~~~~~~~~, c .. . OJ ( '. . ~J c. cr- e . O,t ~ c . c. c'O () CI -. C~ ( c. 507J3,100:> FuLl..~EN E.HI:RPRIHS L TO ~STA CA 91910 507:>3'100J ",IL;,ON lJEAN l..IVINl> HUST - 90 - -- ~.... - S AN OJ E(;O CA 9210J 51> -10.:12.1.1 00 j-tKUTA ~~to(U tlOr.! IA CA 9190.: 51>10.:12.1.700 .1.0-0' ANASTASI /'I!CHAI:L ~lA 9.1.910 507:>3aoOu R AYA M 1l1AEl.. )/MAkGARI:T CAB.. E .T KJS T :> 7-l8-9J - ,A Y 6lJNJh lA 9.1.902 51> 70 .:I2l1 VO R RE:V, lJIME",STEIN SA!'I/SA'lURA ~214J TRS 507)3,4500 ~ 10~ KOtlEn IFl..OkA FA~ IL Y TRUS. 0':-J4-9l C/O SPElT~UM PRUPI:RTY /'I(;MT 1 5070411000 lJNIuN OIL CU UF CALIFURNIA <0, A UNO~AL.> ~~GI:LES CA '1005.1. 507.14.:0100 ~ C HUl..A \lIST A CA J/"ENE VA L 91912 507;14.:0:>00 a E:S~EK NI:rlUl..AS J/DORUTHY 5 ~ VISTA CA 9[910 507;)4,0'100 )E:A)E El..ZANIE D/MAHAN-DEA:>E ~~ CA 'i191O 50704.:1030;) ~/KEtlECCA l CH~A VISfA CA 91910 507J4.:10'/0;) ~~ ~ tlllLEO R '11'11': ARU'l L 91910 If-3~ 51> '10.:1251 uO AN(;U) MITCHEl..L N (l..F) )TOWcLl.. vIl..TuRIA L LJViN(; TRuST 06-04' CI - H F J 5 H AN UII:GU l..A 9.:1u1 56 -/0411700 ~ KEALTY CU !Nl TOKRANCE CA '10:>04 51> -'0420200 UOPPl..EK UAl..E J/RA~U'lA ~ l..A 919.1.0 51>i0421000 T'J~uLJNA A ~A ~A 9.1.910 51> 1043u4UO ~~Clt-RANlE:> to C~lA 9.1.9.1.0 51> 7043(,8 00 tlA l..D.. I /Ii vI l.. TUR KS ~lA D/El..ILAtlETH J 9.1.910 9.1.9.1.0 C ~4 C "- 'C (3 l~ C C . .:J&. o t a c C o Ie e... cc 5b703~I~Ou ~b10:;215uO FAULCUNtR THOMA~ P/LILLiAN M _~~u ~ t KEMAINuEK UNIT~ LHULA vI~TA LA 91909 P GARtT R REV, 7-~B-9j K kE~1 Il ) TKS 5b703~5~Ov ~b70~115vO ANGUS MiTCrltLL N <L~> SlOftELL~~EN LO THEICuRPI VICIOKIA L LI~ING TKU~T Ob-04'~ ~EKT LION LHUL~ vl~TA LA 91910 SAN DiEuO CA ~2101 ) 5b7u4.1.1'i00 ~~U SAN OiEuO CA '12.1.1, 5b7U4~0:;OU MASI LANC~/tTHEL v CHULA ViSTA CA ~1~lv ~b70~2u4vO M LHuLA VI~TA LA 91910 5b7u4,,010u Ot JE~U~ vIl.TuR 2:;0 A~H AvE - - CHULA V iSlA tA ~b70~20BvO ~MELOUY A ~A 91910 M/SYLvIA 'iln~ 5b704:;O.l.OU ClvNN JJnN J B A LA 9.1.9u2 p ~b70~3U2vO LHAVtZ RuBERT x ~ CA 91910 5b7u4jO~OU MAR fIN i. UtlEN ULA ViSlA CA PITEKE~A M 'ilnu ~bl0~30bvO tlACH ANGtLrN 0 TK LHuLA vI~TA LA 91910 567U4:;0'i01i ~A/LO!5 L CHINO CA '1110'1 ~b70~310vO uRTIi. 19~2 FA"'ILY TRuST 08-11- ~2 --LHULA VI~TA LI'rf910 56704:;I:;OU CARtAuA AUR!ANA !HUI.A ViSTA CA ~191v /1J-37 ~b70"314vO UL~ON AN!'.E M ~LA vI ~TA CA 91910 ~V?- ~ ~~--=~ --",-- ~ CllY OF CHULA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LETTER Telecopier No. (619) 585-5612 DATE: 5/11/95 TO: Star News -- Attention Sue FAX NO: 426--'364 (, '3~ (" FROM: Beverly A.o Authelet, City Clerk, City of Chula Vista SUBJECT: Notice of Public Hearing TOTAL NO. PAGES (including cover): 2 If all pages are not received, please call (619) 691-5041 / f -.1 1 ,tv 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5041 NOTICE OF PUBLIC HEARING CHULA VISTA CITY COUNCIL NOTICE IS HEREBY GIVEN that a public hearing will be held by the Chula Vista City Council for the purpose of considering: PCM-94-23: Modification to the Precise Plan Guidelines for Otay Industrial Park for selected parcels along Energy Way. Subject area is located approximately 1/4 mile north of Otay Valley Road off Nirvana Avenue. The City initiated application adds language related to the use of temporary paving for open storage uses and temporary/occasional customer parking areas used no more than once per week. Copies of the language are on file in the Planning Department. Phone 691-5101 PCC-94-40: A Conditional Use Permit application submitted by Mental Health Systems, Inc. in cooperation with San Diego County Probation Department to establish a substance abuse counseling and monitoring program for probationers at 249-257 Broadway, within the C-T (Thoroughfare Commercial) zone. A plot plan and project description are on file in the Planning Department. Phone 691- 5101. 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 the above projects in court, 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 CITY COUNCIL on Tuesday, May 24, 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. /(-<69' . . TYPES OF CRIKES COIfITTE.D PIIOR '10 PIOBATION 701-801 CONVICTED OF DIUG-ULAnD CRIKES -- UlQ)ER THE INFLUENCE -- POSSESSION -- ULES lSS-201 CONVICTED OF noPERTY CRIKES - IUlGULAlY 5S-101 CONVICTED OF PERSONAL CRIKES - MUGGING . ~- I . / /<3~// ~~/r EXHIBIT -A- I. EXHIBIT -8- ftOBATlONERS IN DCOVE1lY '""'\ ..ubatiooers in Rec:overy is a joint ....&..~ of McDtalllel11h SyIlmIs, IDe. (a IIIDt far profit ~"';on ) ad tbe San Dieao 0DaDty Adult PJobItion ~'-'t _ is 6..ded dIroaah tbe laD Die&o 0DaDty AJcobol_ Dna ScrYk:es. 11ne .....,.,- ..M ell_ tine. 11..w1111ff .. )c(...... by 1iIv"~1veI in a free ~1II1111it. ..~"O"""'I in Rec:overy, dfection--'ly ..1""..4 lID by bodIlIIII' _ ...'-ttt as Pm, lau1leeD in ~ JD tbe South Bay far _ly tine,... PIll South is allpUc;ftlnn of . ....1 .......1ty bepD in Vista in Novemhc:r of 1989. Since Of .1... die doan III Soatb IIa7 em April I. 1991, pm bas ~ "'W'o.JDlItely 270 d.....'.. _ is -.,erieo'....., a S7~ IV [m DIe. SawnIIl& by both probation _ clb.....1 II1II' ~fy die ..4~ed cIieDt; ODe wbo II a dn1a eddict wbose Iddiction led himIber lID drul lUted ~...1 activity. 0ieDtII atIeDd dIis m1CDSe, two phase, oa1pItillllt drul poIo.bi1i1ation 1"'0JI'ID1 far a "';..Immn of IIiDe months .,-v'1"1 Phase J classes three times a week for two bours each lID mceive drug education, qgression replacement 1niDiD& ad ....paieDce poup ..ueeas. Qial1s are ~ted lID fiDisb Phase J ill a timely progression with loals outlllW'1 fCll' each of die tint . months. In addition lID the 1I'0ups, clients must attllIld two NA mntiDgs per week. aueDd two iDdividual COV"-U"g sessions monthly and report for J'lDdom ariDe testing. (Probation Officers tat even em the weekends). After completing Phase 1, clients come before a five member Review PaDe1 CClII$4mng of probation officers and clinical staff and one previous anduatc. If four of the five panel members epee that the cUent has the tools necessary lID live a productive, Clime flee, dru& free life then 1be clienl is assigned to Phase n. 1bis three month, Afttr Care ....pm foclJlCS 011 Relapse Fh,.ention., Cients attllIld only ClIIC pup per week while CClIItinuiDa lID atleDd NAJAA two times per week. ........ Durin& the time clients are in the drug ~h.hiJjtation ..opam. pobatiClll . iii :as IDCIDitor Ibese Levell probationers (clients) UDder the most iIl_ probatiClll -.-riIlOD in die County. If c1ieDts fail lID comply with p-oaram JeqUh~~''''.JltJ ar .. positivC far drup, pollet!- o!'f'l~ IIpp1y plduated sanctions (CClII~') which coakI iDclr -dllo... an NA au I-I., pabJic work P'(,jects, traDSfer lID Jesl......t,ial ..- ar, if u e 1k1I. "."011 ... ~ 'llaD IDd ,.tody. S1Iff aDd clicDtI nIcr lID dIis ptOCCll as beiDa in ODe...... ,,11011 ~.w0Den III Rec:avay is aD odd couple. miud IIIIrJiaF ayiDa to focas em . .. ~"I"OD of dual diIpoIcd' cliCDtll 11ne PJobadon 0Ificcn wbo _ L ae4 wIdl ~ CRIMINALS _ three dnJ& reh.w~ta1l".. 0"""'-'-1 wbo are ,rfL1", -rJ'-..... __ ad IqIe lID ADDJcrs fonD die ,......'- team. 'Ibe c:1icDt focu II alwaJI-llI JaTo 1lo..~....1boIe wbo fail1D meet 6e (__AttiCJ!lle m tbeir p~tio- 1Ie.....d ---41D 0DIII1 "'--,~i,-ly. ........ -:2.- / f - 1.2 . PadtiliooflrslD Itecc:MI)' (PIll) Of"""'lt bldoan OIl April 1.1991 ad.......eel ......v.I_1y S70 c:lieDts 10 dale ad aperI- '4ld . ".. "-'11 late. I. De ncia11nakdowD f4 Pm c:1oIe1y .......... tile ncia11lMtdoWD f4 Soadl Bay. 2. JIDl .-vea 213 __ IIIIlI/.S ....w. 3. Neady I/.S f4 tile cUcDts ...aed they have beeD IV ... ..... .. ~.....I......ly ~ of c:lieDts _ I.la.wd to cIeIox or ~tAd .1.1 ~ .... b4w6 bciD& "'10 .,. r I J ["'-By Co'.)o' IIeIe tile ,,~ 5. 1)pic:al chi f4 c:boice ere: 56" ~....pbeCImiDe 15.. beroin 13.. c:oc~e lOCI> marijuana 7.. Ikohol . -<. -. / . -3- I' - .y; ProbItioaers III Recovery IeI'VCS " clients wl1h . pelt ~ ol45 ~ to IIleDd die 1IIIlIDiD. pups: 45 OIl MODday 1IXlIDin.. 15 OIl 'l'uelday. 30 OIl W.......y. 15 OIl 'l'handay. aad 30 OIl Friday. 'Ibere is a peak caplCity of 30 cl~tR ~.... to aaeDd Ibe ~~ poups: 30 OIl MoDday. 15 OIl Tuesday. 15 OIl WodDr"'IlY. 15 OIl'Dlllnday. aad 15 OIl Pdday. A typk:al c1ieDt is ID 1IIIIDIIried mID, awnae .. about 30. BaJf ol oar ~Io-'I& IIave der..:l'~t cbUdreD. are employed aDd have beeD QClIMcted of. cIru& atfeDIe prior to dleir .....w04 ..obGon tInD. .-, Due to dleir poblems wl1h Ibe law aadlOI dleir cIru& rMi..:rinn. leis tbaD 3K ollbe overall ~ drive cars witb . .....~__ .'1,lL~ "'..~.,... ~Ild.Jl~ .. .... 11\1 poups. Most clJMta ride pgblic trIDIpOItItion 01 are driveD by fricDds or re1Idves. ODe half of die clieDts reside ill die South Bay cities of Caula V"lIII, *..' City. ~ Beach and Bonita. Cart auaehed shows the weekly schedule of clieDt flow. ~ -... f ~ -<(- /f:"1fif. .......,.:::'" "'"'":.- . I EXHIBIT .C. ~ nOBATlONEltS IN ItECOVERY . 1011I'B BAY .. .... 1t1JLE eTbe o8Ice IIaan .-e from 1:00 8m to 1:00 pm eve dQs per week. IDdMduallppOiDtllall .-e .,;'" r ...t1-(I evwy IIIJf boar from 1:00 8m 10 9-.30 8m evelllClllliDp . week IDd evwy ba1f boar from 3:30 pm 10 5:00 pm evwy ....'*111. -.I evwy IIaIf boar from 4:00 pm 10 5:30 pm eve cry .I.. week. 0r0apI.-e ~ \ r'"'" from 10:00 8m 10 12 IIOCIII five days per wet. from 1:00 pm III 3:00 pm evwy "J.. lK1II .....,. . week -.I from 6:00 pm 10 1:00 pm ftve cv-illp per week. MORNING 81l-"KnvLE e MONDAY nJESDAY WEDNESDAY 1BUItSDAY JllUDAY INDIVIDUAL 1:OO-8:3Oam 8:OO-8:3Oam 8:OO-8:3Oam 1:OO-8:3Oam 1:OO-8:3Oam 1 clieDt 1 clieDt 1 client 1 c:1ieDt . 1 c:1ieDt 8:30-9:OOam 8:30-9:OOam 8:30-9:OOam 8:30-9:ODam I:3O-9:OOam 1 client 1 client 1 ctient 1 c:lieDt 1 c:1ieDt 9:00-9:3Oam 9:OO-9:3Oam 9:00-9:3Oam 9:00-9-.3Oam 9:00-9-.3Oam 1 ctient 1 client 1 client 1 c:lieDt 1 c:1ieDt GROUPS l0:00-nOOD 10:OO-noon 10:00-noon I0:00-DOOD I0:00-DOOD 19-22 clients 9-11 clients 19-22 clients 9-11 clients 19-22 clients 6-8 cars 4 cars 6-8 cars 4em 6-8 cars AFl'ERNOON StHKlIULE . MONDAY 'lUESDA Y t WEDNESDAY 1HU1lSDAY JllUDAY INDIVIDUAL 3:30pm ~ 3:30pm ~ J:3Oprl 1 c:lieDt 1 cUeDt 1 clicDt .:OOpm ~ .:OOpm ~ .:OOpm 1 c:UeDt 1 clieDt 1 clicDt - .:3Opm ~ .:3Opm ~ ot:3Opm 1 c:1ieDt 1 c:1ieDt 1 c:UeDt f QllOUPS 1~3:OOpm ~ l:OO-3:OOpm ~ l:OO-3:OOpm 12-15 clieDts 12.15 clieDts 12-15 cIieIlts 6-8 em 6-8 carS 6-8 em - .s:. / ! - t.fs ."\ , .-'- -- ) EVENING S\......,ULE MONDAY TUESDAY WEDNESDAY 1HURSDAY JlRIDAY INDIVIDUAL 4~:3Opm 4:00-4:3Opm 4~:3Opm 4~:3Opm 4~:3Opm 1 c1icDt 1 c1icDt 1 dieDt 1 clieDt 1 clieDt 4:30-5~ 4:30-5~ 4:30-5:OOpm 4:30-5:OOpm 4:30-5~ 1 clieDt 1 client 1 ctieDt 1 clieDt 1 ctieDt 5:OO-5:3Opm 5:OO-5:3Opm 5:OO-5:3Opm 5:OO-5:3Opm 5:OO-5:3Opm 1 cIicIIt 1 c1ieDt 1 client 1 ctieDt 1 clieDt OllOUPS 6:OO-8:OOpm 6:OO-8:OOpm 6:OO-8:OOpm 6:OO-8:OOpm 6:00-8:OOpm 25-30 clients 10-15 clients 10-15 cJieDts 10-15 clients 10-15 clients ~8cars ~8 cers ~8 cars ~8cars ~8cars """" """" ...... f """" -~- IY ~ 1ft, -'_._~.~ - . - ) .XHIBIT -D- --- . . . aa 3/11/9. 11 ..lto.. laior tnHU- Officer ... .1 .. .... 'lOft.. ClIOrtiutor caYU'" ~. HitllllOrlloo4 ..ar 1M .n locaU.. I total of 10 ".i...t. nr. .....1.. to .. lateni..... two -" Mt at .... 10 .iflLt participate' la Ua lateni.".. 111 eipt r.I)lOD'" 10 to ~e ....u_ uWif IMI'" ...r ......rt Itf 'D. 111 eifILt ".poIlde' that th., "4 lOt aoUce4 a lot 01 car. or ,..,1. la ~. ..igbborllo04 .t 044 ti.... , 111 ei,ht .ai. th., ....lOt .... lacoayu1Uce4 ., car. parked la b'oat 01 Uair ... 111 .ipt .ai. tilt, ... lOt aotice4 u, at loiterlat la a -I Uat ..-n.' tUa. 111 .ifILt .ai. th., "4 lOt aotice4 u, tnl eCll1....t. tnt uer. or tnl ..1.. la till ati,Ja)orllo04. Ia a44itio. two ~ate4 tUt it WI . ..i....rIloo4 ..." ,..,1. 11_ with tIltir 4oor. .,...4 u4 reuiu4 tUt .a,. .. lateni,,'" tlo..".a a lor "l,i.. 101u. ftI two ...la..... al,0,,4 Mt ..art Itl a. tit lOt aotice'.~..t 1M ear.. 1M ,...,1. or tn, nle. or tnl a. la 1M ..i....rIloo4. I 91ft roqIl .trllt .., 01 ..." 1M ........ ad .~-.. an lOe&te4 1. iMl~. '. f . -~- /f# I. """" . NEIGKBORKOOD INTERVIEWS Canducted b\,l: Date: 1) 1 am from ,IR located over 1n the br~n off1ce bu1ld1ng, have \,lou heard of us'? .!) We have been here for almost three year.. D1dn't you not1ce the cars and the paople com1ng and g01ng? 3) Did their car. aver 1nconvenience you and your need to park'? ~) .. are a .pecialized probation department. Kave you aver noticed an", of our folk. 101tering around 1n a ..'" that e1ght concern you? ~ 5) We offer rehabi11tation .ervice. for drug offender.. Kave you not1ced an", increase in drug a~u1pment, drug user. or drug .al.. that you could attribute to our folk.? .'. , t ....... - $- /g"'1~ 05-10-199412:12PM FROM MENTAL HEALTH SYSTEMS INC TO 6915171 P.02 .;' -----= - - _ 3420 COmir,., ::lei '1io ~Io S~I!e 215 Son DIego. Co 92108 'lIiNTAL HEALTH SYSTEMS, INC. (619) 283.0254 F~ 283.2864 May 9, 1990i City of Chula Vista Plannin9 Department Attn: Mr. Steve Griffin, Principal Planner 276 4th Ave. Chula Vista, CA 91910 Re: conditional Use Permit PCC-94~40; Mental Health Systems, Inc. 7 Dear Steve: . The City of Chula Vista Plannin9 Department recommended that the plannin9 commission adopt a resolution recommending that the City Council approve the above referenced Conditional Use Permit requested by Mental Health Systems, Inc. subject to thirteen conditions. After a careful review by Mental Health Systems, Inc. and by San Diego county Department ot PrObation officials, it was determined that two of those conditions are not practical as currently articulated. They are: Item E. A probation officer shall be on site during all times at which clients are present. Item G. Any client found or suspectea to be under the influence of alcohol or illegal drugs shall be removed from the site and transported by a probation officer to the client's residence or to a County facility, per the poliCY statement which has been incorporated into the program aescription. . Item E. is not practical as the County of San OieQo Probation Department simply does not have the assets to allo~ tor a prObation officer to be on-site at all times. Probation officers assigned to the program have recently been increased from a total of three to a new total of four and a further increase is just not feasible. Additionally, the probation officers work from 7 a.m. 6 p.m. daily performing a myriad of tasks includinQ administrative duties. court work and court reports in addition to their one-on-one work ~ith their assiqned clients. To lengthen their daj:liI to include the night groups would be onerous. As an alternative to this require~ent, we propose that durin9 the eveninQ hours. in lieu of an on-site probation officer, that a probation officer be made llvailable through personal pagers (the pagers are already available and ~ill be issued this week.) Response time usinq the pagers would be no more than lS to 20 minutes. Should an unlikely event occur wher~ we needed a more rapid response we would use the 911 police emergency OPtion. We believe this to be a reasonable . It - 9"1: MentOl Health $'I"'.m~ A Nonprofit ~C)rpotOlion -_9- 05-10-1994 12:12PM FROM MENTAL HEALTH SYSTEMS INC TO 6915171 P. 03 . . . Conditional Use Permit PCC-9~-40: Mental Health Svstem's, Inc. ') alternative as the evening classes consist of probationers who are holdin9 down full-time jobs during the day and they are our most reliable, stable and cooperative clients. It is to their distinct advantage to fully participate in the program; the sanctions available should they fail to cooperate are stern. We h~vp not had a problem with this group during the three years we have operated the South 8ay proQram and we do not anticipate any. In regard to Item O. This item is not practical as written because probation officers simply cannot always transport the clients to their residences. As an alternative to this, we recommend that the item be rewritten so that it indica~es that a probation officer will ensure that any client found or suspected to be under the influence of alcohol or i11e9al drugs will be removed from the site and the surroundin9 area and dealt with appropriately either throu9h return to their residence, transport to a detoxification facility or transport to a jail -- which is the current protocol. We hope that these alternatives meet with your approval, Steve. If there is a Cluestion or if there seems to be a problem with the alternatives as we have presented t'hem, please do not 'hesitate to call me as we are certainly eager to fo~low this process throuqh to ~ a successful completion. Thanks again for all your help. Sincerely, ,~ ert D. Gaud! istant Adminiltrator cc: Clinical & Executive Directors Donna, Daum l ......" 19- 51) -ltJ- TOT~L P 03 . . . RESOLUTION NO. PCC-94-40 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT TO MENTAL HEALTH SYSTEMS, INC., TO OPERATE A GROUP COUNSELING AND MONITORING FACILITY FOR PROBATIONERS AT 249-257 BROADWAY IN THE C- T ZONING DISTRICT WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista PlllnniT'lg Department on February 9, 1994 by Mental Health Systems, Inc. ("Applicant"); and WHEREAS, said application requests approval of a conditional use permit (pcC-94-40) to establish a substance abuse counseling and monitoring program for probationers to be located at 249-257 Broadway in the CoT zoning district ("Project Site"); and WHEREAS, the Planning Commission set the time and place for a hearing on said conditional use permit 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 an area greater than 500 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 April 27, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends to the City Council that the conditional use permit be granted based on the findings and subject to the conditions found in the attached draft City Council Resolution PCC-94-40. 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, PC Minutes -2- April 27, 1994 ~ EXCERPT FROM PLANNING COMMISSION MINUTES OF 4/27/94 ITEM 1. PUBUC HEARING: CONDITIONAL USE PERMIT PCC-94-40; REQUEST TO ESTABLISH A SUBSTANCE ABUSE COUNSEUNG AND MONITORING PROGRAM FOR PROBATIONERS AT 249-257 BROADWAY - Mental Health Systems, Inc. Assistant Planning Director Lee presented the staff report. Staff recommended approval of the conditional use permit, subject to certain conditions which addressed activity level, supervision, parking, loitering, a one-year review period, and a potential for revocation or new conditions based on complaints fIled. Mr. Lee. noted that Finding No.3 should be revised as follows: "That both the Planning Commission and the City Council in approving this would fmd that the use is similar to the church/office use in that the meeting room used for group counseling would represent a typical parking ratio of 1 per 3-112 seats or approximately four spaces for the counseling area, giving them a total of eight required parking spaces for the entire facility." Staff concluded that the parking would be adequate based on the proposed operation, and there were conditions related to monitoring. Commissioner Salas asked why the applicants decided to move the operation from National City to Chula Vista. """'" Assistant Planning Director Lee stated that there was a point of contention with the City of National City regarding the application of a conditional use permit. He felt the applicant could best address the issue. Commissioner Tarantino, referring to the report analysis, said there was some concern over the type of group counseling that was being held. He asked if it was the size, the method being used, or what the problem was. Mr. Lee said he did not believe the counseling was covered in their National City permit, and National City required the applicant to file a use permit to include counseling. The applicant then decided to seek a different location. This being the time and the place as advertised, the public hearing was opened. Vicki Markey, 2901 Meadow Lark Drive, San Diego 92123, had presented a speaker's slip, but noted that she was there to answer questions. Michael Aplikowsky, 5035 Saratoga Avenue, #2, San Diego 92107, stated he was a graduate of ProbationCfl's in Recovery, who worked with Mental Health Systems, and treated him for substance abuse. A year before, he was in detention for a crime; however, he now worked with other alcoholic addicts at the County Mental Health Center, was secretary for an AA group, volunteer service coordinator at a service center, worked with the Teen Recovery Center, and """'\ \ \ - /;2 - If~ 5~ . PC Minutes -3- April 27, 1994 was working with a housing committee helping to write a grant for affordable living. He said he was a business owner and a tax paying citizen, and a representative to the Board of Directors of Ocean Beach Recovery Referral, and on the safety planning committee of Ocean Beach, trying to develop a citizens patrol. He asked the Commission to consider the human factor. William Mead, Clinical Director of Mental Health Systems, 3420 Camino del Rio North, San Diego (business); 5428 RavoUa, San Diego (bome), said Mental Health Systems was a private non-profit organization operating substance abuse, mental health, and vocational rehabilitation programs throughout San Diego County and San Bernardino County. They had been approached five years previously by San Diego County to initiate the Probationer and Recovery Program to provide drug abuse counseling for appropriate referrals from the Probation Department. The program combined a treatment facility and the Probation Office as a team, each working with the probationers to give them treatment. Mr. Mead explained that their program was part counseling and part educational. Additionally, the facility at National City was inadequate and too expensive. . Chair Martin questioned the number of clients each counselor had in a given day. Mr. Mead said that the typical group session had 15 people, and a full-time counselor would carry a case load of approximately 30 people. There was a 2-112 line staff equivalent, and they would be able to manage a total case load of 75. Each individual came to the program at least three times a week, or more if they needed an individual session or to see the probation officer. There were 75 total participants in the program; there were five tracks of 15 people each; generally there were no more than two of those tracks present in the building at anyone time--more often, there would be only one of those tracks. Commissioner Salas asked the scope of services provided beyond drug rehabilitation. Did they also direct them toward further vocational training or job placement? Mr. Mead responded that they did not provide it directly themselves; they did not have enough resources. They had done some vocational counseling which was more of a supportive nature to help the participants fmd jobs and learn skills for job seeking. They used other public agencies, where possible, to provide vocational training. Commissioner Moot asked about the nature of the disagreement with National City regarding counseling. . Robert Gaudy, 14371 Classique Way, San Diego stated that at the time they took over the space in National City, National City staff was unaware that they would be doing group counseling and training in their facility. What Mental Health Systems considered training and education, National City considered counseling and would not allow group counseling in that particular setting without a conditional use permit. Mental Health then moved the counseling sessions e~there, but had to maintain two different sites. The facility at National City was also too s I, and rather than proceed with an application for a conditional use permit, they decided to seek facilities elsewhere. -/3- /1-$ . " PC Minutes -4- April 27, 1994 -..... Commissioner Moot asked if there was a feeling that the group counseling posed some problem to the adjacent community. Mr. Gaudy was not sure, but National City did not want group counseling done in that area. No one else wishing to speak, the public hearing was closed. Commissioner Salas commented that on the way to this meeting she had seen three homeless men in the vicinity of "F" and Third, and she felt it was important to make this type of service available in our community. Most of the people on the street were there because of some kind of addiction. MSC (FuUerlMoot) 5-0 (Tuchscher and Ray excused) to adopt the Planning Commission resolution recommending that the City Council approve PCC-94-40 based on the f"mdings and subject to the conditions contained in the attached draft City Council resolution, including the modification of the f"mdings previously read into the record. ........ I ~ -# - /g ~ sf /' ) ._' 'nIB cr OF 0fUlA VISTA DJSQ.OSURE S"1' 1MBNT ~re required Ul file I SlalCmell1 pr DiJc:la&ure or .Nill owneftllip Of ftlllllcitl ......11, pI7IIlCall, Of camplllp CIlIllrillUIInIll. on III \11111'" wIli~1I will require lIilcrcllollary IClinll Ollllle pan pr IlIe Cil)' Council. 'lallllill' OcIIlImllalon, 1l1li III OIlier oIIIciIl boIIicI. TIle fuUuwill,llIrllf\llll1oll musl be lIi1cla&CC1: I. L151 ,be 11m. or III pcrsl.lIII llavill,l fllllndallll.ler.t III IIIe properly wIlicll is IlIe aubjecl 01 'M IppIlcalloll or 1M _II'IC\, .... 0WlICI'. Ipplicalll. CUIIII'ICIOr.aubc:PnIl'IClor. IIIl1rlllsupplicr. Mental Health S7.tems. Inc. (non-profit corp) - applicant 2. 3. . ... s. eto: . I( II)' perIOI. 1IIIIIIIried rUftUllllln (I) lbove Is I curpl.lralit\a or panDCftlllp.1II1 tM U_ oIlIllllclMlluals OWIIIII, IIOfC tIIIlllo.; or tile IlIarcs ill IIIe COrpol'lllnll or Olto'lllll' la)' pannersllip iIllll'Cllla 1M panllllShlp. Mental H.alth S7.tams. Inc. (non-profit corp.) - applicant If III)' peROII. ldelltified PUI'$UIIII III (1) lbove lr. anll.pronl orpllizalloll or I Irull. 1111 'M 11- 0(11)' perIOD 1IMlI' II Illree10f DIllie 1I01l.pron, orpnizllioll or II trUSlee Of beaellcllry or II'UlIOf or 1M trull. William R. Head. Ph.D.. Clinical Director ID.alia HArD~r - ~rd of Dir.~~nrR lill Eastwood. M.A.. Executive Director Nancv Whitcomb - Board of Dir.etors Richard Carillo - Joard of Directors Rita Monteiro. Ph.D. - Joard of Director Have)'Clu had more 111111 usn worlll Clr bllllillcs.' Irall$aCled willi aa)' member of ,lie Cil)' Iller. Boards. OlMIunlulou. Commlll-. 1l1li CoulI~lI wilhill IlIe pasllwclvc mClllths? Ycs_ NCl~ 1f)'Ct. plcuc Illcllclle pcrsoll(S): Richard Voodeman. Board of Directors PIcuC ldenllfy each aad every peROII. Inclullill& III)' a,ellll. emplo)'eel. CUIl$UIIIIIII. Of klIIepClIIIclll COIItl'lClOft w\lO JOu hive usilaed 10 reprcscII1 )'Yu before IIIe Cil)' In ,"is \lillieI'. William R. Mead. Ph.D. 1111 r.a.twood. M.A. lobert D. Gaud! 6. Have JOY alIIIIor JO!Ir olficlcl'$ or aJeIlII. il IIle IIIrer"' _1",uIIII more 'UII SI,CIOD 10 a Co..dl_mVr IIllbe CIImlII or prm1\1\1 elcclioll pcrklCl? VCI_ No!.. If,.s. 11111 fticII CouacilmT17W(I): .'. I -..,) . . . · · · (M011I: Aaa ""1_~~ .... · · February 8, 1994 SlJIIIlure oI_lftlCIOfllppllcalt ntal Health S7.t.... Inc. riat or !)'pC U. OI_trlClOrllppllcalll -/~ /!-$ . _...... ........ ,lit .,.".,.....,..-..",._.__~..w.".,..-~ 'M ............. .A.".__......~..-. _ _ . ...._______ ~._.._..._....... ~_....~III .1MIfL..........AJA1 f _-.... COUNCIL AGENDA STATEMENT SUBMITTED BY: Item I ~ Meeting Date 5/24/94 RESOLUTION \.., '50D Approving Proposed High TechlBiotech Zone Incentives in Concept; Directing Staff to Undertake Certain Actions Immediately to Implement Zone Incentives; and Directing Staff to Proceed to Finalize Certain Incentive Programs (4. Community Development Director - Director of Planning ,.(\,/\ City Manager~ ~~Ij (4/5ths Vote: Yes_No X) ITEM TITLE: REVIEWED BY: BACKGROUND: In late 1992 Council directed staff to pursue the creation of a "Local Enterprise Zone". In October 1993, Council directed staff to expand on the previous referral by evaluating the feasibility of establishing a BiotechnologylBiomedical Zone with a master EIR (Referral #2694) An informal Task Force was formed with representatives from the City, including Councilmember Horton, Councilmember Moore, Community Development and Planning Department staff, the Mayor's Office, EastLake Development Company, the biotech industry, legal expertise, Southwestern College, UCSD Connect, and the City's Economic Development Commission. (See Attachment A.) On April 15, 1993 staff presented a progress report (via an Informational Memorandum) to Council which identified the EastLake Business Park, Phases I and II, as the proposed "incentive zone" for targeted high tech, biotech and biomed companies. The Eastlake Business Center was identified as the initial incentive zone for a number of reasons, including its attractiveness to these high tech firms looking for an upscale, improved, campus-like setting, Eastlake's unique commitment to offer an uninterrupted water supply, and the developer's willingness to partner with the City. The progress report identified proposed incentives which are being brought forward formally by this staff report. At that time, staff was authorized to move ahead to implement Phase I and to concurrently analyze the feasibility of the Phase II Master EIR. Shortly thereafter, the Task Force completed a survey of local biotech CEO's which indicated a strong interest in our program. The Task Force developed an Issue Paper --a working document (in progress) outlining issues pertinent to the proposed incentive zone. The document was used to collect input from participating resource people, and to lay it out in such a way as to assist the formation of consensus on the needs of the targeted industries as well as potential approaches to addressing those needs. The Issue Paper is provided as Attachment B for your information only. The Task Force has isolated specific recommendations which are being brought forward in this agenda statement for Council action at this time. Additionally, staff is seeking direction to proceed with the balance of the incentive programs identified. RECOMMENDATION: That Council adopt the Resolution which: (1) approves the proposed High TechlBioTech Zone incentives in concept (items 1-11, subsections "a"); (2) directs staff to immediately undertake actions to implement the Zone, as delineated herein (items 1-11, subsections "b"); and (3) directs staff to return with proposed eligibility criteria for firms qualifying for Zone incentives. It )Cf,/ Page 2, Item ('9 Meeting Date 5/24/94 should be noted that items 1 and 2 will be implemented subject to their review and consideration by the Planning Commission and Design Review Committee. BOARDS/COMMISSIONS RECOMMENDATION: On April 12, 1994 the informal High TechlBiotech Task Force unanimously endorsed the recommendations within this staff report. The Economic Development Commission (RDC) has identified the High TechlBiotech Zone Program as one of its five priorities for implementation this year. On May 4, 1994, the EDC also endorsed the recommendations within this report by a vote of 5-0-4, with Commissioners Read, Tuchscher, Maslak and Allen absent. (See Minutes, Attachment C.) DISCUSSION: The Task Force has been meeting to develop the High TechlBiotech Zone for over one year. The Issue Paper reflects information gathered and opportunities that were identified to enable Chula Vista to effectively compete to recruit high technology firms including Biotech and Biomed. As the State's Council on Competitiveness Report said: "To maintain California's competitiveness in advanced technology, our state needs a plan for attracting key high-technology projects that are being lost to other states." As the regional San Diego Economic Adjustment Program says: "New industries must be compatible with the San Diego business climate and put people to work in high-value jobs"; "the High-tech fields are the best bets for firms seeking economic/defense conversion" and "Public-private partnerships have the key economic conversion role". And as our own Task Force has shown, the High Tech sectors in San Diego County are growing at an average of 10 to 15% annually, with the top growth in the areas of computers/electronics manufacturing, software, and telecommunications, and the San Diego area's BiotechlBiomed industry is ranked among the top 4 in the country, with R&D firms poised to move into manufacturing and looking for siting opportunities. The time is right for Chula Vista to implement a program to bring these companies to our city - one with both short and long term strategic benefits and feasibility. RECOMMENDED INCENTIVE PROGRAMS/ACTIONS The Task Force and staff recommend eleven incentive programs be officially approved in concept (as described in subsections "a" of each of the eleven incentive programs). Further it is recommended that certain specific action steps be taken immediately to begin implementation of the Zone's incentive programs (as described in subsections "b" of each of the eleven incentive programs). Subsections "c" of each incentive program identify qualifying businesses where applicable. Please note that additional back up information for recommended items is available in the Issue Paper (Attachment B). I q ;;)... Page 3, Item ) q Meeting Date 5/24/94 DEVELOPMENT FAST-TRACKING 1. Revise EastLake Business Park Phase I Industrial Performance Standards and Land Use Rel!Ulations (see pages 23-29, Issue Paper) a. Program Concept The Task Force has emphasized the need for quick and reliable development review and permit approvals of targeted uses. One area of specific concern is the existence of overlapping and duplicative regulations and compliance! monitoring procedures by different governmental jurisdictions. The Task Force has identified specific areas within the EastLake Business Center Planned Community Industrial Performance Standards where such overlap may occur, including: (1) fire and explosive hazards (2) odor (3) air pollution (4) toxic and hazardous materials (5) radioactivity Additionally, the Task Force has stressed the need to minimize the level of discretionary land use permit review for uses that meet all relevant performance standards. (It might be noted that the City has previously adopted certain City-wide streamlining measures, primarily of a procedural nature. These recommendations take the process a step further to address duplicative requirements within a Planned Community's standards, and also to address specific targeted land uses.) b. Recommended Action The Task Force is recommending that Council approve the specific actions delineated below which are designed to: 1) minimize duplication of industrial performance regulations, which in most cases entails elimination of redundant and unnecessary City standards; and 2) minimize the discretionary land use permit review, by refining the listing of allowable uses to change certain uses from conditional to permitted. Revise EastLake Industrial Performance Standards: . Fire Safety and Explosive Hazards The Task Force identified an overlap between the Eastlake Business Park Planned Community District regulations and both 19,3 Page 4, Item 11' Meeting Date 5/24/94 the Uniform Fire Code (UFC) and applicable State laws/regulations regarding hazardous materials. There is also an overlap between the Uniform Fire Code being implemented by the City Fire Department and State laws/regulations being implemented by the County. It is recommended that: I) The Planned Community District rellUlations be amended to simply incoroorate UFC and State rellUlations by reference: and 2) The City utilize the "One StoP Early Assistance" program to ensure earlv coordination among the City. County. and proiect applicant regarding permit processing. fire safety. and explosive hazards. It is recommended that the Fire Department. in coordination with the County Department of Health Services. evaluate a list of chemicals which are tvpicallv used in a biotech manufacturilllz setting. so that it can provide a rapid response to potential biotech uses regarding reauired fire safety reauirements. . Odor The existing odor performance standard duplicates Rule 51 of San Diego County Air Pollution Control District (APCD) regulations, implemented by APCD. This applies to general nuisance and toxic materials. It is recommended that the City modify this performance standard to simply incoroorate County rellUlations bv reference. . Air Pollution It is recommended that the City modify its performance standard for air pollution which duplicates APCD Rules which APCD is better eauipped to enforce. and simplv incoflJorate the County regulations by reference. . Toxic and Hazardous Materials There is an overlap between the City's performance standard and existing State regulations. It is recommended that the City eliminate its standard and simplv incoroorate the. existinl! State regulations by reference. )q. '{ Page 5, Item-.lL Meeting Date 5/24/94 · Low-Level Radioactivity The use of radioactive materials and devices is already regulated by both the State and Federal governments. Additionally, the County Department of Health Services implements State regulations. It is recommended that the Citv modifv its oerformance standard in this area to simolv incoroorate State regulations bv reference. Revise EastLake Land Use Regulations: The City should attempt to minimize the level of discretionary permit review for uses that meet all relevant industrial performance standards. Therefore, it is recommended that the following changes to the listing of uses be made: . Section IV.3.A.I (Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials such as canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no mailing), precious or semi- precious stones or metals, plaster, plastics, shells, textiles, tobacco, wood, and yarns; novelty items (not including fireworks or other explosive type items) should be changed from a conditional use to a permitted use in the BC-2 (Business Center Manufacturing Service) District; . Section IV.3.A.5 (Chemical Laboratories) should be changed from conditional to permitted in both BC-I (Business Center Manufacturing Park) and BC-2 District. c. Qualifying Companies All companies otherwise qualified to locate in EastLake Business Center. While the City's direct regulatory control of these uses would be reduced by making them permitted rather than conditional, it was the conclusion of the Task Force and staff that the industrial performance standards will adequately address environmental concerns, and that these uses are not significantly different from others that are already permitted by right. 2. Provide a Maximum 60-Dav Turn Around Time in Phase I; Create a City Council Subcommittee (see pages 32 and 33, Issue Paper) a. Program Concept Through the creation of a City Council Subcommittee to act as a fast-tract Chula Vista review authority for qualifying projects within the Zone, it is possible to provide an expedited review process for discretionary planning approvals - i.e. ;q-s Page 6, Item~ Meeting Date 5/24/94 to guarantee a 60-day planning review turn-around time. The Subcommittee would be given authority currently held by the Planning Commission and the Design Review Committee to recommend approval of discretionary actions (eg CUP's, design review) to the City Council. This would not only reduce processing time, but make a very significant statement to the company about the City's serious interest in their business, and in essence, insure that the company was given the "red carpet treatment" through immediate personal attention from the highest level. (The City Attorney has confirmed Council's ability to delegate the Planning Commission and Design Review Committee authority to a new Council Subcommittee per City Charter.) This process could operate as follows: (I) City staff works with project applicant to defme project scope and required approvals, and to assist in preparation of necessary applications. Staff notifies the City Council Subcommittee of the potential project. (2) Applicant and staff meet with Council Subcommittee to review project proposal. (3) Applicant files environmental "initial study" application; this activates 60 day turn-around time; (4) Staff processes applications for site plan and architectural review (and conditional use permit if required). EastLake Business Center Owner Association conducts its own design review process concurrently; (5) City Council Subcommittee holds a public hearing, at which time it reviews and makes recommendation on site plan and architectural review (and conditional use permit if required); and (6) City Council holds a public hearing, at which time it reviews and acts on all required project approvals. The critical path in this overall process is the environmental "initial study" and environmental determinations, which are subject to State-mandated processing requirements and public review periods under the California Environmental Quality Act (CEQA). The minimum time necessary to complete the CEQA process is approximately 60 days, assuming that a negative declaration is issued (i.e., that no significant environmental impacts requiring further study are identified.) Therefore, if a negative declaration is issued, it would be possible to provide an applicant with all required discretionary planning approvals within a 60 day period, starting at the date that the City Council Subcommittee authorizes expedited processing of the application. This expedited process would provide a project applicant with adequate assurances to obtain project financing within a 60-day period. / Cj> ~b Page 7, ItemR Meeting Date 5/24/94 This 60-day period does not automatically include plan check and building inspection which normally begin after all discretionary approvals are awarded. However, the applicant would have the option of beginning an expedited Building and HousinglEngineering plan check Drior to award of discretionary approvals, to run concurrently with planning review for an overall 60 day turnaround time. b. Recommended Action It is recommended that Council direct staff to take the necessary legal and administrative steps to establish this Subcommittee as described above, and to implement the "Guaranteed 60-Day Turnaround Time" program within Phase I of the Business Center. Such actions would entail amendments to the Eastlake Business Park regulations and/or City Code, and related public hearings. c. Qualifying Companies To be determined by City. 3. Offer aDolicants the ootion to execute a standardized Develooment Al!reement with soecial benefits. a. Program Concept To meet the company's needs for predictable time frames and to offer the benefit of extended development approvals, it is recommended that a standardized Development Agreement be prepared to offer these benefits, including expedited plan checking and inspection and the establishment of a "performance schedule" setting forth mutually agreed-upon time frames for both the City and the applicant, as well as potentially other incentives to be determined on a case-by-case basis. If so directed, staff would evaluate the feasibility of preparing a standardized Development Agreement to implement this program. Depending upon the complexity of issues to be addressed in a Development Agreement, such an agreement could be prepared and processed by the City during the same 60-day review period in which other discretionary approvals are being processed. However, if the issues associated with a project require further negotiations, a Development Agreement could be completed after the initial approvals are made. b. Recommended Action It is recommended that Council direct staff to develop an incentive program which would offer qualifying applicants the ability to request and process a Development Agreement which could provide longer-term guarantees of )9-7 Page 8, Item (9 Meeting Date 5/24/94 project approval, and could also incorporate other points of agreement between the applicant and the City. c. Qualifying Companies To be determined by City. 4. Establish A Hil!h Tech/BioTech Zone Proiect Team and Ombudsman a. Program Concept The Task Force highlighted the need for central points of contact within City staff in order to facilitate and expedite both technical reviews and general staff assistance. Staff is proposing that a High TechlBioTech lead (processing Manager) be designated to shepherd all interdepartmental development review/permit processing through the system in the most efficient and effective manner, and that a lead be designated within the Community Development Department (High TechlBioTech Project Facilitator) to optimize coordination of all appropriate local, regional, and state business development assistance. Additionally, the City's Ombudsman--the Assistant City Manager--would provide readily available access to the City Manager's Office and personal, hands-on assistance in the event that the applicant feels the need for additional support or intervention. b. Recommended Actions It is recommended that Council formally designate the Assistant City Manager as the High Tech/BioTech Ombudsman and the Economic Development Manager as the High Tech/BioTech Project Facilitator. It is further recommended that Council direct the Planning Director to designate a High Tech/Bio Tech Processing Manager on a case-by-case basis as qualifying projects are submitted. 5. Establish a Pre-Aoolication Permittinl! Al!encies Committee (see pages 33 and 34, Issue Paper) a. Program Concept As part of the Fast-tracking incentive, staff is proposing that the City offer pre- submittal, multi-jurisdictional permit process review and assistance in partnership with the San Diego EDC "One Stop Early Assistance" program. Under this program, the applicant would submit a completed questionnaire to the City and the SDEDC, the program facilitator. The SDEDC would facilitate the distribution of this form to the appropriate permitting agencies for their review prior to a joint meeting with the applicant and the City. The purpose of the meeting would be to identify all pertinent issues and permit requirements up jq,(j Page 9, Item If' Meeting Date 5/24/94 front, avoiding potentially costly and time consuming discoveries of additional requirements later in the process. b. Recommended Actions In order to formalize the High TechlBiotech Zone ."One Stop Early Assistance" Program, it is recommended that Council direct staff to pursue immediate implementation on an informal basis, as well as the execution of an MOD with SDEDC as program facilitator, and with other external permitting agencies as appropriate. c. Qualifying Companies To be determined by City in conjunction with SDEDC and outside permitting agencies. 6. Preoare Phase n Business Park Master EIR (see page 31, Issue Paper) a. Program Concept In addition to the remaining 35:1: acres in Phase I of the EastLake Business Park, there are an additional 102 acres (88 ac. net) which are designated in the EastLake III General Development Plan for "industrial-research use." This area is directly to the east of the existing EastLake Business Park Phase I, and will provide for a logical extension of the existing business park complex. (See map, Attachment D.) In conjunction with further development processing of EastLake Business Park Phase II (Sectional Planning Area plan and Master Tentative Map), EastLake and the City propose to prepare a "Master Environmental Impact Report," in accordance with recent changes to the California Environmental Quality Act. Under these provisions, an environmental impact report may be prepared which evaluates the environmental impacts of the business park as a whole. This document would include a comprehensive analysis of all the foreseeable environmental impacts associated with future development of the business park with high tech and biotech manufacturing uses. Using this approach, the future individual development projects within the business park could, after an Initial Study, be reasonably assured of having the City make findings regarding the adequacy of the master EIR, and of obtaining a mitigated negative declaration, or at most being required to prepare a Focused EIR. This would provide for expedited processing of any discretionary approvals required for the project. As envisioned, the City would contract for preparation of the Master EIR and would participate in the study's cost up to the amount of $100,000, but not to exceed 50 percent of the total EIR cost. EastLake would be responsible for the balance of the total EIR-related expenditures. (Note: In May 1993, Council /~"7 Page 10, Item~ Meeting Date 5/24/94 approved a $100,000 Community Development Block Grant (CDBG) award for the preparation of the EIR with the "not-to-exceed" 50 percent caveat. Due to the unique character of the proposed ErR, cost estimates have ranged up to $400,000, but are difficult to gauge pending further project scoping. b. Recommended Actions It is recommended that Council direct staff to return with a proposed action plan and timeframe for undertaking the Phase II Master EIR, based upon the overall Work Program currently being prepared by EastLake and the City. This Work Plan encompasses proposed amendments to the EastLake ill Development Agreement, as discussed in 8.a below. FINANCIAL AND BUSINESS DEVELOPMENT ASSISTANCE 7. Act as a catalvst for the development of the proposed BioShare Facilitv (see pages 35 and 36, Issue Paper) a. Program Concept On March 18 of this year Council authorized the City to contract with Nielsen Capital Group to undertake a four-month study to determine the feasibility of developing a shared BiolPharmaceutical Pilot Manufacturing Plant within the High TechlBiotech Zone. This study was initiated based upon the Task Force's identification of the need for such a shared facility for those bio/pharmaceutical companies moving into Phase I and II Clinical Trials. Currently, company options for this type of facility are extremely limited. Without the local availability of a shared facility, companies are being forced to build enormously expensive pilot manufacturing facilities for only a temporary period of time prior to building a separate full manufacturing facility. Some local firms have been forced to go out of the country to find appropriate space. (An example of this is Amylin Pharmaceuticals, a San Diego-based firm which is leasing pilot manufacturing space from the Alberta Research Council's biotech subsidiary.) b. Recommended Action If, after analysis of the study, the City Manager determines adequate market demand and financial, administrative, and functional feasibility, staff recommends Council direct staff to return with a proposed contract for the development of a formal business plan and recommended source of funding (including a specified contribution from Eastlake.) Preliminarv estimates range from $30,000 to $60,000 for the cost of the Business Plan development. The Business Plan would position the City to actively market the facility to potential investors/operators. ) 9 _It) Page 11, ItemK Meeting Date 5/24/94 c. Qualifying Companies To be determined by City via the Business Plan development. 8. Proceed with nel!Otiations with EastLake rel!ardinl! land write-downs as incentives for aualifvinl! comnanies and renort back to Council (Phases I and II) (see page 36, Issue Paper) a. Program Concept The Task Force has identified a significant barrier to Chula Vista's competitive edge in terms of promoting its "upscale" business parks to targeted high tech firms; that barrier is the cost of land, combined with assessment district and development impact fees. In order to address this challenge, staff has begun discussions with EastLake Development Company to secure their active participation in an incentive program which would make land available at discounted prices as an incentive to targeted firms. Three scenarios are being pursued, each of which entail Eastlake's agreement to provide property on a donated or discounted basis to firms targeted by the City. These scenarios include: . Donation of property for the shared Bio Pharmaceutical Pilot Manufacturing facility . Land pricing discounts to spin-off tenants of the shared facility - i.e., those who are moving into the full manufacturing phase and need a stand-alone plant . Land pricing discounts to qualifying high tech and/or biotech firms (not restricted to shared facility tenants or to biotech firms) Several approaches are under discussion with EastLake to accomplish this, including the potential amendment and possible extension of their existing EastLake III Development Agreement and the refunding of existing Assessment District bonds which would result in savings to both EastLake residents and industrial park tenants, as well as to EastLake as a property owner itself. Additionally, staff is evaluating the feasibility and desirability of creating a High TechlBiotech Zone Non-profit to serve as a conduit for land-based incentives. The non-profit could act as the recipient of land and/or cash donations, as an IRS qualifying 501(c)(3) organization. It could also draw membership from the biotech academic and financial community and act as a catalyst for participation from other biomedlbiotech foundations and related organizations. /'1~11 Page 12, Item (9 Meeting Date 5/24/94 b. Recommended Action It is recommended that Council authorize staff to continue to negotiate with EastLake to provide for public benefit incentives as a partner in the Chula Vista High Tech/ Biotech Zone program via an amended EastLake m Development Agrcement (and related planning and legal documents). The Development Agreement and all appropriate documents would be brought to Council for approval via the public hearing process. Further it is recommended that Council direct staff to identify the best legal vehicle for the transfer of discounted land and other benefits to targeted companies, including the evaluation of the formation of a High Tech/Biotech Zone Non- profit. c. Qualifying Companies To be determined by City (in coordination with BioShare project development). 9. Finalize bindin2 commitments from EastLake Develonment Comnanv to provide a 2uaranteed uninterrunted water sunplv for tar2eted. oualifvin2 Zone tenants (Phases I and IQ (see page 34, Issue Paper) a. Program Concept The Task Force has identified the need for an uninterrupted supply of water for targeted businesses, in particular Biotech manufacturers. The Biotech community has clearly stated that this is one of their highest priority concerns. The EastLake Development Company has committed to providing an uninterrupted water supply to qualifying companies within the incentive zone. This guarantee insures that companies will not be forced to cut back their operations during times of drought. (This obviously does not apply in such emergency situations as an earthquake wherein water delivery systems are damaged preventing water distribution from the source). It should be noted that the Chula Vista Mayor and City Council have already initiated requests to our local water districts and to County Water Authority to implement a program offering priority water allocation to qualifying businesses and that this request is under consideration. However, while priority allocation would be very desirable, it could not guarantee no cut-backs in allocation whatsoever. Due to a unique opportunity available to the EastLake Development Company to negotiate water allocations from its parent company, the High Tech/Biotech Zone Water Supply Incentive will actually guarantee no reduction in allocation during times of drought. 11,/~ Page 13, Item 11 Meeting Date 5/24/94 b. Recommended Action It is recommended that Council direct staff to finalize a legally binding agreement with EastLake Development Company which insures this incentive. c. Qualifying Companies To be determined by City. 10. Evaluate Feasibilitv of Establishin2 a BUD Section 108 LoanlLoan Guarantee Pr02ram for Oualifvin2 Zone Tenants a. Program Concept The HUD Section 108 Program allows HUD to issue notes on behalf of the city, with such notes backed up by the City's Community Development Block Grant (CDBG) Program. The program would allow the city to make direct economic development loans or provide guarantees for private loans with no cash out-of- pocket. Under one scenario, the program could allow notes to be issued by HUD on our behalf to provide direct loans. with the private borrower repaying the notes. Only in the event of a default could the City's entitlement funds be impacted. Under the loan guarantee scenario, notes would not be issued at all unless a default occurs. In that case, as in the previous default scenario, the city would, following exhaustion of other remedies, negotiate repayment to HUD, from annual CDBG funds, for up to a 20 year period. The city could theoretically guarantee or loan up to $9 million in financing, which in turn could leverage a much higher amount. Under no circumstances would the Citv be reauired to use anv other source of funding that its CDBG entitlement - the onlv local credit reauired. In order to obtain authorization from HUD, as well as to develop local program goals, policies and procedures, it is recommended that a consultant be hired to assist staff in this regard, using funds from our FY 1994/95 CDBG award. Note that an aoolication for this ouroose will gO before Council at the Mav 10. 1994 CDBG oublic hearing and again on Mav 24. the date of this agenda item. b. Recommended Action It is recommended that Council approve the use of $30,000 in FY 1994/95 CDBG entitlement funds (subject to the May 10 CDBG public hearing) to hire a consultant to assist staff in developing a Section 108 LoanlLoan Guarantee Program and to evaluate the feasibility of developing the program to help further the goals of the Bigh Tech/Biotech Zone. It is also recommended that Council direct staff to return with the initial "generic authorization" application prior to submission to BUD, and again following I ~-13 Page 14, Item (Cj Meeting Date 5/24/94 development of recommended loan program parameters and prior to implementation. 11. Linka2e with Southwestern Colle2e Small Business Develooment CenterlInternational Trade Center and with UCSD Connect a. Program Concept The Task Force has recently added a new representative from Southwestern College--Dean of Economic Development, Mary Wylie. Dean Wylie will assist the Task Force and staff to develop linkages between the High Tech/BioTech Zone and the Southwestern College Small Business Developmentllnternational Trade Center as relates to business development and international trade assistance for zone tenants. UCSD Connect is a privately funded program that links start-up high tech fIrms and researchers with venture capitalists and fInanciers. Connect is very involved with the leading San Diego area high tech industries, including Biotech, and is represented on the Task Force by Mr. Terry Bibbens, Director of Public Policy, and more recently by Admiral Dick Meyers, former U.S. Navy Commander and Chairman of Nielsen Construction, and now specializing in biotech industry relations. These UCSD representatives are assisting the Task Force to develop meaningful partoerships between UCSD and the Zone. b. Recommended Action It is recommended that Council direct staff to continue to develop partnerships between UCSD and Southwestern College as well as other educational institutions as appropriate, and return with proposed actions to implement these partnerships. 12. Linka2e with Chula Vista Workforce Develooment Team a. Program Concept The Chula Vista Workforce Development Team (WDT) has adopted a Three Year Work Plan which includes a goal to evaluate Chula Vista workforce readiness to support the City's targeted industries including High Tech and BioTech. Dean Wylie, a member of our High Tech/BioTech Zone Task Force is also the Vice Chair of the WDT and will be working with staff to identify strategies to address the Zone's workforce needs. Ie;, It{- Page 15, Item~ Meeting Date 5/24/94 b. Recommended Action Staff recommends that Conncil endorse the WDT's and High Tech/BioTech Task Force's efforts to identify a High Tech/BioTech job training/employer services strategy to act as a Zone incentive. FISCAL IMP ACT: Significant staff costs will be incurred by the City to implement the various Incentive Programs. Additionally, as previously indicated, should Council determine to proceed with the BioShare facility based upon the results of the feasibility study, it will be necessary to contract for the development of a full Business Plan at a roughly estimated cost of $30,000 to $60,000. (This cost will depend on the needed project scope, to be determined by the on-going Feasibility Study, and would be shared with Eastlake Development Company.) Staff would return to Council with the proposed consultant contract and a recommended source of funding at that time. Finally, consultant services to obtain HUD approval and to assist staff to develop a HUD Section 108 LoanlLoan Guarantee program are estimated at $30,000 and are being requested from FY 1994/95 CDBG funds (to being presented to Council at the May 10 CDBG Public Hearing). It should also be noted that as discussed above, Council has already authorized the use of $100,000 in FY 1993/94 CDBG funds towards a Master EIR for Phase 2 of the Zone's Business Park. [M:\HOME\CO}..fM[)EV\BID-CC-6.113] IC),/~ RESOLUTION ,7'00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE HIGH TECH/BIO TECH ZONE INCENTIVES IN CONCEPT; DIRECTING STAFF TO UNDERTAKE CERTAIN ACTIONS IMMEDIATELY TO IMPLEMENT THE ZONE INCENTIVES; AND DIRECTING STAFF TO PROCEED TO FINALIZE CERTAIN INCENTIVE PROGRAMS WHEREAS, in October 1993 Council directed staff to evaluate the feasibility of establishing a Biotechnology /Biomedicallncentive Zone, including the preparation of a master EIR for the Phase II of the Eastlake Business Park, and WHEREAS, an informal Task Force was formed with representatives from the City, including staff and Council members Horton and Moore, EastLake Development Company, the biotech industry and industry supporters, legal expertise, Southwestern College, UCSD Connect and others, and WHEREAS, on April 15, 1993 staff presented Council with a Progress Report which identified the EastLake Business Park, Phases I and II as the proposed "Incentive Zone" for targeted high tech, bio tech and biomed companies, and identified proposed incentives to include fast-tracking, formation of a Council Subcommittee to expedite processing, guaranteed uninterrupted water supply (to be provided by EastLake), City Manager appointed Ombudsman, financial incentives, and others; and WHEREAS, Council authorized staff to move ahead to implement Phase I, and to concurrently analyze the feasibility of the Phase II Master EIR as part of the Incentive Zone program, and WHEREAS, the Task Force developed an Issue Paper which outlines High Tech and Bio Tech issues and needs, and recommendations to address those needs, and WHEREAS, the Task Force is recommending that Council approve the proposed incentives outlined in the April 26 staff report in concept; direct staff to undertake the specific actions outlined in this staff report to begin implementation of the Zone Program; and direct staff to return with proposed qualifying criteria for eligible businesses, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the proposed High Tech/Bio Tech Zone Incentives in concept as outlined in the April 26, 1994 staff report; directs staff to immediately undertake the specific actions delineated in the April 26 report to implement the Zone; and directs staff to proceed to finalize the remaining proposed Incentive. Programs. ~~~ Chris Salomone Community Development Director Approved as to form by: B,"~tf.:9~: ~ City Attorney Presented by: [c:\ WP5 1 ICO UNCIL IRESO SIHT -BT .RES) JCf~/~ //q-dJ:> MEMORANDUM w:r~ ~ #/'1 . May 23, 1994 TO: Councilwoman Shirley Horton VIA: Chris Salomone, Community Development Director FROM: Cheryl L. Dye SUBJECT: High Tech/Biotech Zone -- May 24, 1994 Council Meeting Attached are suggested introductory remarks that you may wish to make at the May 24 meeting. Staff is prepared to subsequently present an overview of the proposed incentives. Seven speakers are prepared to follow with a brief verbal presentation, per the attached list which is being provided to the Mayor and Council on Tuesday evening. Please note the attached letters of support have just been received from the Trade and Commerce Agency (on behalf of the Governor and Secretary Julie Meier Wright), Mary Walker, President of BioCom, and the American Electronics Association (AEA) and are referenced in your remarks. These are also being provided to Council at the Tuesday meeting. (C:IWPSIIDYEIMEMOSIHORTON-I.MEM] "\ /9 - /7 Pete Wtlson Governor JoIie Meier Wright Secretary San Diego Regional Office 750 'B' Street Suite 1830 San Diego, CA 92101-1822 OuFORNIA TRADE AND COMMERCE AGENCY (619) 645-2657 Fax (619) 645-2663 May 20, 1994 City of Chula Vista Economic Development Cheryl Dye, Assistant Director 276 Fourth Ave. Chula Vista, CA 92010 CJ 4~~ ~.p.p,,1::, /./.1.. {;~~;:;~ '@-?r Dear Cheryl: I would like to commend you on Chula Vista's efforts to establish a "zone" for companies involved in bio-technology and other high-tech industries. This program will complement Chula Vista's other economic development programs and is focused on one of the most important industries to California's future. According to a 1992 report by Ernst & Young, San Diego is the fourth largest bio- technology centers in the United States. This remarkable growth was due to research at the University of California San Diego, the Salk Institute, Scripps Clinic and smaller institutions. This grown is continuing to be fueled by CONNECT at UCSD, the City of San Diego and now by innovative programs such as your High-Tech/Bio- Tech Zone in Chula Vista. California is home to over 750 bio-technology companies employing over 80,000 people.. Thanks to you, and progressive communities such as Chula Vista, California will maintain its lead in this industry. On behalf of the Governor and Secretary Julie Meier Wright, we at the California Trade and Commerce Agency offer our support and our resources to assist you in assuring success in this important project. Sincerely, n Judy Jarvis Director /7- /~ - MAY <=:6 '94 64: <:<:PM AEA SAN DIEGO P.<=: "AmeriC:aI'i aedIonIcsAccociation AEA 10240 rlanclet8 Court, San Diego. C8liIomIa 92121 olillephone: (619) 462-9288 0 TeleIalc (619) 462-2766 May 20, 1994 City COuncil City of ChUla Vista Community Development Department 2715 fourth Avenue ChUla VIsta, California 91910 To the CIty COUncil of tI'Ie City of Chuta Vista: The Amertcan I!lectronlcs AssocIatIon (AEA) Is a nonprofit trade association servtng the Interests of more than S,OOO U.s. Technology companies located across the country. A1t1'1Ough the AEA'e members Include most of the larger companies wJ1hln the Industry, approximately two-thlrds of Its members are dynamic small companJea that are shaping the Industry of tomOlTOW. AeA members come from every sector, ranging from SOftWare to lab Instruments, from aemtcondUCltors to medical elellbvnlcs, and from aerospace to communications equipment. It has come to the attention of the AEA, San Diego COuncil, that the City of Chula Vista Is proposing to establISh a tUgh TechIBIo Tech Incentives ZOno to provide assistance In tI'Ie areas of permit processing, water avallablDty, land costs and polentlal'loan glla...ntee prog...ms. The erecuUve Committee of the AU's Sen DIego CoLlllclI has reviewed your proposal and would like to indicate Its enthusiasm and support of your efforts. It Ie Intereetlng to note 1hat two Chula Vista AEA member8. MeDear and Phoenix Systems . Technologlea - are atreadY located In the Eastlake BUSIness Center. We are hopeful that through 1hls and almBar efforts additional Chula VIsta teClhnology ftrms will becolll8 members of OW' organJzatJon. The u.s. electronics and Information technology Industry emplOys over 2.31 mlDlon lobe and provldea the tools for innovation In vJrtually every other sector of American Industry. We are ple88ed to see the CIty of Chuta VIsta taking suGh proactive steps to support conUnuecl high technology expansion, and we look forward to working wJ1h you In the future as the High TechlBlo Tech zone Ie fully Implemented. Sincerely, ~~ Steve Ness Vice Chair, ExecutIve committee American EleCtl'onIcs AssoClstlon PEA iP /9-/f! BROBECK SD 1jjJ002 . .- 05/23/94 18:48 ft819 234 3849 '. BI~t7:\".A ~0r;v \', !l"'l'L.WoIbr Dl=rDlat (619)-- """"'OF"""""'"" CHNAMN/ -- ~,~/IdiIB::Ia ",."".",. .-yL'llVlilhIlc ... IRilIc:k.l'Iitga'ltIInbOo'l .....J._ """"'- -- ...OlogoDoly- ~H.I\aIItIe("'O ~CPl'6"l .. ""-- -~ -..... . ThII,....~, ... -- IMDlllgDswn....... ........waa... """"~ f'al)fn.)I~ .tmannn& Cl:ItI'tpatW -..- -- ...._DoC M.__i.&ol """"-..."""" _&1IUn "",- ............ _f","" -- -- -- -.- _W'jlO84aQI.Wl' Ma.y 23, 1994 VIA FACSTMlLB & OVERNTGHl' MAll. Honorable Mayor 11.Q\ Nader and City Council of the City of Chula VISta 276 4th AveDUc ChuIa VISta, CA 91910 Dear Mayor and City CouncIl Members: I am dellghted that the City's mgh TeehjBlotech Zone is being presented to the Co1JDcl1 on May 24; 1994 for formal adoption. As Ptesldcnt of the San DIego Bf.oeommerc:e.Assoda%ion ("BIoroM").lwas pleased to part1c:ipate on the City"s task 1Drce and be involved in the carly stageS of your plrm,,;,\!! I commend the Coum:il for its commitment to ll$Sisting the biomedicalindastry to prosper here in the San Diego area. As you know, BIOCOM includes in its membeIs a broadl8llgC of companies that support the bioteclmologyand blom~ca1 industry, mcll1tUng profemdonal service firms, baDkers, economic ~opment groups, arcl1itects, planners, utilities ami other industrieS. We are all dedicated to lllIlllIring that thc San Diego region oontlrtn'=S to benefit from the positive economic impacts of this high growth industry. 'Ibc biomedical industry not only gcncrates jobs at an dffI'crcnt 1eveIs from corporate ml1~ to scI..rrtiAt and .........hctnring employees, but it elevateS our entire co.........'vfty and economy through &lgDific:am benefits in support services and productS. We arc proud of tho fact that the San Diego area is one of the bIotet'hnnlogy /biomedical centcra of the world. 1 cspecla1ly applaud the Council for addressiIIg the specific needs of these companies by providing assurances regarding uninterrupted water supplies IIDll quick processing tumaround tlmes, as well as a "lnIsin-s friendly" environment. SAN Dll:GO B10c0LlI.1ERCE ASSOC1All0N 550 _ C $Il'll1l1, &lie 1300 $an DIegO, OA 92101 Till (819169!H1241 Fax (619)234-$48 19- oU; 05/23/9( 10;(7 ft019 23( 38(9 BROBECK SD IilI003 .... .. -.- - -- -.-.- Honorable Mayor TlIIl Nader and City Councll of the Qty of 0IUla. Vista May 23, 1994 Page 2 These companies are committed to developiDg thlllife slL'lfo: dnJgs of the future and for cOntributing otber products, such as biopestic:i.des and merli....1 d~ that wfl1 b:nprove the qua111)' of Iifo fur evetyone. They are an asset to OUI' countly as we1las our community. I wish you all the best i:Q your inccnt!vo zoning PJ:Op1lll1 and trust that it will provide a very attractive location for these companies as they grow. BIOCOM joins with you in liI1pportlng this very worthy effort. Velj' truly yuuI'S, ~_._/J~~ Ma%y ~;- cc: Dr. Ken Widder !':resident, Biomedical Industry Counell ~_INP /1-;;1 MEMORANDUM May 19, 1994 TO: Mayor Tim Nader FROM: Chris Salomone, Community Development Director SUBJECT: High TechlBioTech Zone Item on May 24 City Council Agenda -- Speakers This is to advise you that community speakers are scheduled to testify in support of the High TechlBioTech Zone item on May 24. This will be an organized presentation following Council Member Horton's remarks and a staff report. Please call the speakers in the order that follows below (titles are given for your information). Thank you. 1. Curt Stephenson, Vice President EastLake Development Company 2. William Tuchscher, Chair Economic Development Commission 3. Terry Bibbens, Director - Government Relations UCSD Connect 4. John Tedesco, Director of Process Development and Manufacturing Amylin Pharmaceuticals (Member, Chula Vista Consultant Team regarding "Bioshare") 5. David Malcolm, on behalf of David Hale, CEO Gensia Pharmaceuticals and Chair, San Diego Economic Development Commission 6. Bernie Rhinerson, Director Biomedical Industry Council (BIC) 7. Mary Wylie, Dean Southwestern College Economic Development and Customized Training [C:\WPS1ICOUNCILIMEMOSIINF0941S.MEM) /9- 01:( Amer1can EIectronicsAssociation L\Ef'I\~\~ AEA 10240 Flanders Court, San Diego, Caiifornia 92121 . Telephone: (619) 452-9288 . Telefax: (619) 452-2766 5/23/94 Copies to: . ' -. - . F5~n"-i-,~'i"-":',;~" ~~-~-';..,:. " 1\ ~ I r':--~::':: ,",- " May 20,1994 ,!:;"\) t/.~Vf)':\iU:'.' " r:)! \ ~ .il'\i L..., ,.... ...'~ 'iJ~~ I: ....... " . ",,,,,~~."~P:' . City Council L~'~iL - ' City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, California 91910 To the City Council of the City of Chula Vista: Mayor & City Council Cheryl Dye, Corom Dev Dept / / C:~ i The American Electronics Association (AEA) Is a nonprofit trade association serving the Interests of more than 3,000 U.S. Technology companies located across the country. Although the AEA's members Include most of the larger companies within the Industry, approximately two-thirds of Its members are dynamic small companies that are shaping the Industry of tomorrow. AEA members come from every sector, ranging from software to lab Instruments, from semiconductors to medical electronics, and from aerospace to communications equipment. It has come to the attention of the AEA, San Diego Council, that the City of Chula Vista Is proposing to establish a High Tech/Blo Tech Incentives Zone to provide assistance In the areas of permit processing, water availability, land costs and potential loan guarantee programs. The Executive Committee of the AEA's San Diego Council has reviewed your proposal and would like to Indicate Its enthusiasm and support of your efforts. It Is Interesting to note that two Chula Vista AEA members - Nellcor and Phoenix Systems & Technologies - are already located In the Eastlake Business Center. We are hopeful that through this and similar efforts additional Chula Vista technology firms will become members of our organization. The U.S. electronics and Information technology Industry employs over 2.31 million jobs and provides the tools for Innovation In virtually every other sector of American Industry. We are pleased to see the City of Chula Vista taking such proactive steps to support continued high technology expansion, and we look forward to working with you In the future as the High Tech/Blo Tech Zone Is fully Implemented. Sincerely, ~~ Steve Ness Vice Chair, Executive Committee American Electronics Association PEA /1'-023 .BIOCOM , t Mary L Walker DiJ<ct Dial: (619) 699.C240 BOARD OF DIRECTORS CHAIRMAN James McGraw McGraw/BaldWin Archnects PRESIDENT MarylWalker,Esq Brobeck. Ph~ef & Hamson DavidJWinkler Del Mar Partnership Gary Shaw San Diego Dally TranSCript WilliamH.RaSlelter,PhD IDEe Pharmaceuticals Ann Ryder Randolph RandolphCommUfllcal10ns Peter Preuss The Preuss Foundation Ted Owen San Diego 8l!Slness Journal WilliamWOt1erson UCSO CONNECT Rober1J Lichter John Burnham & Company William A Hawkins IVACCorporatlQn V,cePresidenl BIC M.WalnwnghIF,shburn.Jr"Esq Cooley. Godward Castro Huddleson & Tatum RayDlltamore Ernsl & Young Thomas E Darcy Price Walerhouse TREASURER James ROlherham Emsl & Young ITEM 19 W(~~;~E]OO " CiTY tiOlJi";..:r..lih tt,;l::.S CHUlA ViSTA. CA - - May 23, 1994 VIA FACSIMJI.F. & OVERNIGHT MAIL Honorable Mayor Tim Nader and City Council of the City of ChuIa Vista 276 4th Avenue ChuIa Vista, CA 91910 Dear Mayor and City Council Members: I am delighted that the City's High Tech/Biotech Zone is being presented to the Council on May 24, 1994 for formal adoption. As President of the San Diego Biocommerce Association ("BIOCOM"), I was pleased to participate on the City's task force and be involved in the early stages of your planning. I commend the Council for its commitment to assisting the biomedical industry to prosper here in the San Diego area. As you know, BIOCOM includes in its members a broad range of companies that support the biotechnology and biomedical industry, including professional service firms, bankers, economic development groups, architects, planners, utilities and other industries. We are an dedicated to assuring that the San Diego region continues to benefit from the positive economic impacts of this high growth industry. The biomedical industry not only generates jobs at all different levels from corporate managers to scientist and manufacturing employees, but it elevates our entire community and economy through significant benefits in support services and products. We are proud of the fact that the San Diego area is one of the biotechnology /biomedical centers of the world. I especially applaud the Council for addressing the specific needs of these companies by providing assurances regarding uninterrupted water supplies and quick processing turnaround times, as well as a "business friendly" environment. \iU \~{ t\. , J BPHSO\MLW\0064209.wP '" \,1iJ J \.I r,,'>.) 'J SAN DIEGO BIOCOMMERCE ASSOCIATION 550 West C 51reet. Suite 1300 San Diego. CA 92101 Tel (619) 699-0241 Fax (619) 234-3848 19-024 . Honorable Mayor Tim Nader and City Council of the City of ChuIa Vista May 23, 1994 Page 2 These companies are committed to developing the life saving drugs of the future and for contributing other products, such as biopesticides and medical devices, that will improve the quality of life for everyone. They are an asset to our country as well as our community. I wish you all the best in your incentive zoning program and trust that it will provide a very attractive location for these companies as they grow. BIOCOM joins with you in supporting this very worthy effort. Very truly yours, ~ tJ~ Mary ~er cc: Dr. Ken Widder President, Biomedical Industry Council 5/24/94 copies to: Cheryl Dye, Comm Dev Dept Barbara Bamberger BPHSDlMlW\0084209.WP /9 -oY . --_ - 1_4 ..; NAME _ Councilw~y Horton councilm_Moore Sid Morris, Assistant City Manager George Krempl, Deputy City Manager Chris Salom~ Community Development Director .rYI DY'- Economic Development Manager ISTA mGHTECHlBIOTECH ZONE INFORMAL TASK FORCE I oS 'I I I I " 276 Fourth Ave ue 91910 276 Fourth Avenue Chula Vista, CA 91910 276 Fourth Avenue Chula Vista, CA 91910 276 Fourth Avenue Chula Vista, CA 276 Fourth Avenue Chula Vista, CA 91910 Bob Leiter Planning Director William Tuchscher, Chairman Economic Development Commission Curt Stephenson, Vice President EastLake Development Company Ian Gill HigWand Partnership Terry Bibbens, Dir. Public Policy UCSD CONNECT UCSD Extension Craig Beam, Attorney Luce, Forward, Hamilton & Scripps '-McGraW McGrawIBaldwin Architects 276 Four venue Chula Vista, CA 91910 276 Fourth Avenue Chula Vista, CA 91910 San Diego, CA 92108-1622 ~ La Jolla, CA 92093 11-- 026 /:J Attachment A PHONE & FAX - . - (C) - - -- --. .-. (7) _M. - - - - - II; L__ -- ,1 - - ,,~ ~~.~ ,- r- .- -- -- \ .t. ~.~. -~. ~.,. ,. r --- --. . - If^ mi_ ._-~ - . NAME ADDRESS PHONE & FAX """'\ Joe Monaco ~ Environmental Projects Manager Chula Vista, CA 91910 Mary Wylie -- Southwestern College Chula Vista, CA 91910 _ JLr IT. -- Bill Beckl1il J. Biotech AffIliates San Diego, CA 92130 .....if -w ~ __ J - . Note: The HT/BT Zone Task Force meets the second Tuesday of the monthfrom 3:00 p.m. to 5:00 p.m. in the Chula Vis~ (/'l Jf' _'[ Conference Room. ..___1111 J ~ FORMER MEMBERS .lM.R...... ....... ~./I. dII.. Carolyn McGraw Mayor's A~ .lliII.... _ 1"-.-~., -l Mary Walker President~AIlI .__ Luce. P .1,...1.)0 & Scripps ~. _ r .. ---II.. _ ~ ~ """'\ ~...,.. _~rtIf?".- - 1" 1 . ..LJ.!IP'h.ar .\0 LULI_ TI. ~I "' .'-1. /" . ' . b:\hightCji\m'lJl ';'lJ~ ....M111 n7- ~ ! J 1 h ~lt'; I ", - IN 1'1 ~t.l. J- ,'"' f() . I I, t ~ ..,'.---- _ ."I1JJ1J, L IDillMj-~ ~~::~ (J~(: f. ry"nS\,~' "1;" l j ATTACHMENT B . City of Chula Vista High Tech/BioTech Zone . ISSUE PAPER . <- Revised April 15, 1994 /r-02 7 . . m. IV.' . CITY OF CHULA VISTA IDGHTECH/BIOTECH ZONE ISSUE PAPER REVISED APRIL 15, 1994 INDEX Pae:e 1. INTRODUCTIONIBACKGROUND. ... .. ... ... .. . .... . . .. .. .. . .', . . .. I A. COUNCILINlTIATIONOFPROGRAM...................:.~.... I B. TARGETED INDUSTRIES - DEFINITIONS OF HIGHTBCHlBIOTECHI BIOMED .............................................. 2 1. High-Tech: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 2. Biotech: ................................2 3. Biomed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 C. INDUSTRY GROWTH TRENDS AND ECONOMIC POTENTIAL. . . . . . . . .. 3 I. BiotechlBiomed ..................................... 3 2. Hightech ......................................... 5 BIOTECHIBIOMED INDUSTRY NEEDS AND ISSUES ..................... 6 A. MARKET RELATED ACCESS TO CAPITAL. . . . . . . . . . . . . . . . . . . . . .. 6 B. LEGISLATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 7 C. WATERSUPPLIES ....................................... 7 D. ENVIRONMENTAL IMPACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II I. ' Hazardousffoxic Materials .............................. II 2. Biological Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 3. Low Level Radioactive Waste ............................ 12 4. Air Pollution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 E. BIOTECH FACILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 I. Basic Facility Needs .................................. 14 2. Facility Financing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 F. FACILITY DEVELOPMENT REVIEW .......................... 20 G. LABOR FORCE ......................................... 20 H. COMMUNICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 II. mGH TECHNOLOGY INDUSTRY NEEDS AND ISSUES. . . . . . . . . . . . . . . . . . .. 23 PROPOSED CITY OF CHULA VISTA INCENTIVES PLAN .................. 23 A. DEVELOPMENT REVIEW FAST-TRACKING. . . . . . . . . . . . . . . . . . . . .. 23 1. Revise Industrial Performance Standards . . . . . . . . . . . . . . . . . . . . .. 23 2. Revise Land Use Regulations ............................. 29 3. Create City Council Subcommittee ......................... 30 4. Establish High Tech/Biotech Zone Project Team/Ombudsman . . . . . . . .. 30 5. Prepare Phase II Business Park Master EIR . . . . . . . . . . . . . . . . . . .. 31 6. Guarantee A 60 Day Turn-Around Time. . . . . . . . . . . . . . . . . . . . .. 31 7. Develop Permitting Agencies Coordination Strategy . . . . . . . . . . . . . .. 33 B. GUARANTEE UNINTERRUPTED WATER SUPPLIES ................ 34 C. PROVIDE SHARED FACILITIES .............................. 34 D. FINANCIAL INCENTIVES .................................. 35 <. 19 - ..u . . . CITY OF CHULA VISTA HIGHTECHlBIOTECH ZONE ISSUE PAPER Revised 4-15-94 Draft-In-Process I. INTRODUCTION/BACKGROUND A. COUNCIL INITIATION OF PROGRAM On October 27, 1992, the Chula Vista City Council directed staff to evaluate the feasibility of establishing a biotechnologylbiomedical zone in order to encourage the location of these emerging, high-growth industries in Chula Vista. In September 1992 a High TechlBiotech Task Force was formed and held its first meeting. Membership represented City management, the Planning and Community Development Departments, the Mayor's Office, Eastlake Development Company, the biotech industry and the City's Economic Development Commission (EDC). The Task Force identified the Eastlake Business Park (Phases I and II) as a targeted Zone to provide an upscale setting for light industry, including but not limited to high technology, biotechnology and biomedical manufacturing uses. The Task Force identified goals relating to creating special incentives to encourage these targeted uses. In April 1993, staff submitted a report to Council which presented the Task Force's recommendations relating to the Eastlake Business Park and to the following incentives: [1] PRE-APPROVED LAND USES AND ENVIRONMENTAL REVIEWS; [2] GUARANTEED 60 DAY PERMIT PROCESSING TURNAROUND; [3] FORMATION OF A COUNCIL DEVELOPMENT REVIEW SUBCOMMITTEE (to expedite processing and provide "red carpet treatment"); [4] A GUARANTEED UNINTERRUPTED SUPPLY OF WATER; [5] HIGH TECHIBIOTECH OMBUDSMAN; [6] FINANCIAL AND OTHER INCENTIVES. The report also indicated that the Task Force would be moving ahead with implementing Phase [ of the Zone (corresponding to Phase I of the Eastlake Business Park). The Task Force is continuing to pursue specific strategies and action plans relating to development of a comprehensive incentive package and will be taking the proposals back to Council in the near future. Subsequent to Council approval, staff will work with the Task Force and industry representatives to initiate a significant outreach and promotional effort to local and non-local industrial prospects. <- 19- cPr , " (f..~\ WPC f:\home\cooundev\bio.txt Page 1 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER -, B. TARGETED INDUSTRIES - DEFINITIONS OF ffiGHTECHlBIOTECH/ BIOMED The industries targeted for special recruitment include high technology, biotechnology, and biomedical. In terms of biotech, the Task Force hall identified manufacturing firms as primary candidates, due to their site selectiEln criteria (discussed below) and therefore our likelihood for success, as well as to the potential for substantial job creation. For purposes of this paper and the Chula Vista program, the three targeted industries are defmed below: 1. High-Tech: High technology industries include research, development and manufacturing in aerospace, avionics, computers, electronics, advanced materials (e.g. synthetics/composites), defense industries (e.g. missiles, aircraft, space vehicles), cOmmunications, energy and environmental systems, software, peripherals, photographic equipment, transportation technology, business machines, and related fields, as well as R & D laboratories and corporate headquarters. 2. Biotech: ....... "Biotechnology" is an umbrella term. It describes several techniques developed over the past 20 years which use living organisms or their cellular components to make products or to modify the genetic structure of plants and animals to carry a desired trait. Biotech typically involves organiclbiological processes to make products for health care, food safety and nutrition, agriculture productivity, and industrial and enviromnental improvement. Organisms in the past have been used to make antibiotics, enzymes, vitamins, and amino acids. Biotechnology modifies organisms to produce larger quantities of desired products that were formerly nonexistent, or rare and expensive. A commonality of the biotechnology industry is the growth cycle, consisting of start-up, R&D, and manufacturing. The Ahern Marketing Group's San Diego Technology Directory has identified the following primary biotech business classifications: . Agricultural Technology Aquaculture Biotechnologylbioengineering Chemicals Clinical Research & Development Dental Technology Diagnostics Marine Biology ~ . . . . . "- . . WPC f:\hornc\commdev\bio.txt /9-3D Page 2 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . 3. Biomed: . . Medical Management Medical Testing Pharmaceutical Research and Development Veterinary Science . . . . Biomed typically involves inorganic products that work in or with the body. These products can include medical devices (e.g., pacemakers), diagnostic equipment, drug delivery systems, lab equipmenUsoftware, lab supplies, etc. The Ahern Marketing Group San Diego Technology Direcwry has identified the following general biomed categories: . . . Biomedical Instruments Biomedical Research Medical Devices Medical equipment & supplies Medical instruments Optical & ophthalmic Orthopedic/prosthetic devices . . . . . NOTE: Biotech and biomedical are sometimes used interchangeably or in connection with each other because their research/development needs and industry concenis are very similar. C. INDUSTRY GROWTH TRENDS AND ECONOMIC POTENTIAL 1. Biotech!Biomed Currently, the United States is the world leader in biotechnology. California researchers invented "biotech" in 1973 and California is today one of the six (6) major biotech centers in the U.S. -the other five centers being Boston, New York, Maryland, North Carolina, and Seattle. Approximately 50% of all biotech/biomed firms are located in California, i.e. some 800 compailies. The largest concentration of companies is in the San Francisco Bay Area. San Diego is now the fourth largest center in the U.S. with some 77 biomedical and 116 biopharmaceutical companies: San Diego area biomed companies currently employ 8,600 people; biotech companies employ over 11,000 people. An estimated 91 % of San Diego companies are small and medium-sized, many of which are poised for growth; (For every biotech manufacturing job an estimated 2.5 spin-off jobs are created.) . <- Biotech companies typically cluster around leading research institutions. The total number of biotech companies is small, but the technologies It{ - jr,I WPC f:\home\commdev\bio.txt Page 3 CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER - around which they are built are the growth technologies of the future. Like most high technology companies, biotechnology companies pay above average wages, devote an above average portion of resources toward research, and export more that they import. In 1992 alone the R&D expenditure per employee was $62,000 equaling a total {nvestment of $5 billion. . The federal government does not classify Biotechnology as an industry by itself. It is considered a collection of processes integrated within various industries (i.e., biotech products contribute to the productivity of these industries - to their products or services.) In addition, refuse and sanitary services are now using biotech-derived products to more effectively breakdown contaminants. Products derived from biotechnology have largely been in the area of human health care, but also includes applications in agriculture and food processing. The agriculture industry uses diagnostic tests derived through biotechnology to detect animal and plant diseases. Food processors uses tests to diagnose food and feed contaminants. In human health care, most biotech applications have been for test development, but there have been some significant new therapeutics. (Diagnostic tests are approved faster by the FDA.) Biotech products have increased the supply of insulin to diabetics, provided a vaccine for hepatitis-B and generated diagnostics tests for bacterial and viral infections, as well as for cancer and genetic diseases. Biotech has been indispensable in AIDS research. .-. The U.S. Department of Commerce (DOC), however, has identified six Standard Industrial Codes (SIC's) that contain above average biotechnology activity. Employment in these industries has been growing steadily since 1973. The six SIC's are: SIC Code 2834 2835 2836 2869 8731 8734 Biotechnolol!V-Related Industries Industrv Pharmaceutical preparations (drug manufacturing) Diagnostic substances (manufacturing of diagnostic tests) Biologic products, except diagnostic (manufacturing of vaccines, serums, and blood products) Miscellaneous industrial organic chemicals Commercial physical research"""" """ :" ,'" <'>>>>;>m;.:-;...< Testing laboratories:" (Note that drug manufacturing, manufacturing of diagnostic tests, and manufacturing of vaccines, serums and blood products, a10l~ with manufacturing of medicinal and botanical-SIC code 2833- which is -small, comprise the drug and pharmaceutical manufacturing group _ SIC 283.) '"'"' WPC f:\home\commdev\bi.o.txt Page 4 ;rl-.3Z CITY OF CHULA VISTA HIGHTECH/BlOTECH ZONE ISSUE PAPER . The United States DOC estimates that approximately 1,200 companies are currently applying biotechnology in the U.S. (employment unknown). The DOC has also identified 536 biotechnology-dedicated companies employing over 48,000 people. The national market value of products produced from biotechnology was $3.5 billion in 1992 al].d should approach $6.0 billion in 1995. . The biotech industry is in its infancy; most biotech firms are in the latter phases of research and development, at the threshold of manufacturing. (As these companies move to production, employment increase dramatically at all levels.) The U.S. biotechnology industry is poised for growth over the next five years, largely due to the number of drugs approved in 1992 and the growing demand for chronic-care medicines. . In the near term, diagnostic products will continue to be important, and new introductions will come from therapeutic products currently waiting approval. (The top ten biologic therapeutics released in 1992 realized sales of over $2 billion domestically and $4.5 billion abroad.) The top U.S. public biotechnology companies have over 270 therapeutics in human clinical development, and an estimated 2,000 drugs in early development stages. California companies lead in these and in "agbio" product introductions. (Mycogen of San Diego has started selling the first genetically engineered biopesticide.) In the longer term, products may be forthcoming as a result of collaboration of electronics and biotechnology research, particularly in California. (Examples include research into saltwater bacterium to construct very fast, high density computer memory - essential for genetic mapping.) The U.S. currently leads the world in most commercial applications in biotechnology, due to its large investment in biomedical research. However, competition from Western Europe and Japan is increasing.(Japan has set a goal of world leadership ill biotechnology by the year 2000.) Public policy actions will determine whether California will continue to playa significant role in the growth of biotechnology. 2. Hightech Just as with Biotechnology, the San Diego region ranks fourth in the country in the concentration of high technology industries. In San Diego County there are 517 high tech companies of over 10 employees. The industry currently employs 100,000 people in the region with growth averaging 10 to 15% annually. High growth sectors in San Diego County include aerospace, avionics, advanced materials,defense, computers, peripherals, electronics, energy, environmental, telecommunications and software. The top three growth areas in San Diego are: 1) computers and /9"-.33 Page 5 . WPC f:\home\conundev\bio.txt CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER - electronics manufacturing, 2) software (educational & multimedia), and Teleconununications. San Diego is identified as an emerging software area (in addition to Dallas, Colorado, and northern California). Two areas of particular high growth potential in the San Diego area include the metals replacement industry and defense conversion, i.e., commercialization of defense dependent products and services. II. BIOTECH/BIOMED INDUSTRY NEEDS AND ISSUES A. MARKET RELATED ACCESS TO CAPITAL Biotech is a capital-intense industry. Investors need to be willing to wait up to 12 years - the length of time it takes to bring a new drug to market in the U.S. (Le., to be clinically proven, documented & approved by the FDA). The cost to develop a new drug is immense as well, jumping from an average $70 million in 1976 to $359 million today. Finding a sufficient financing vehicle is the biggest problem biotech companies can typically encounter. To keep capital inflow high, research must constantly infuse new products into the development pipeline. Without products in the pipeline, investment is very hard to come by. Thns the Catch 22 - investors want products in the pipeline, but getting products into the pipeline requires heavy investment at the outset. -. Because of the lengthy development time and'resulting high cost, more than $400 million in annnal sales are required as well as a 15 % return to jnstify the investment. With certainty of returns greatly diminished due to the threat of administrative regulations - particularly price controls - biotech companies have recently been struggling to acquire critical investment dollars. Access to capital is crucial because without it research cannot continue and promising results can not be refmed well enough to transition from discovery to market. Therefore, many research avenues are not pursued because their market potential is not perceived as sufficient to justify the risk. A new development is an interest in strategic alliances. Large public companies need to maintain a constant flow of items being presented for approval while smaller Imns are lacking the capital to fmalize products that are ready to begin regulatory approval. Strategic alliances bring access to capital and put products into the regulatory pipeline. In 1992 there were over 215 such alliances created, an increase of 44% over those created in 1991. Another type of alliance is with foreign investors; the high cost'of product development coupled with the credit crunch, weak dollar, and anti-investment tax policies are forcing U.S. companies to align with foreign firm/investors. <- 1 WPC f:\home\commdev\bio.txt Iq-3~ Page 6 . . . CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER B. LEGISLATION Legislative uncertainty is another issue that will drive the success or failure of many companies. The proposed new national health care plan, specifically, has created problems due to the possibility of.pharmaceutical price contl'9ls and/or coverage limits. The impact is evident in the drastic decline recentlyeJtPerienced by many of San Diego's Biotechnology stock prices. Analysts note that the true effects of Clinton's policies are three to five years away. C. WATER SUPPLIES Water uses vary widely by type of industry. Water is used for cooling, sanitation, irrigation and in the manufacturing process. In terms of biotech, water is used in all levels of product development. San Diego area biotech fU71lS need an uninterrupted water supply for their future growth and particularly in their move to manufacturing. According to William Rastetter, CEO for IDEC PHARMACEUTICAL Corp., "The biopharmaceuJical industry needs assurance that there will be adequate water for manufacturing as our companies grow. The demand for our products may increase 35 % per year following product launch. If our water usage is frozen at the previous year's level, we'd have to ration our productsl...The vast majority of biotech manufacturing is not water intensive. Water use for ornamental agriculture far exceeds the needs for the biotech community in San Diego County." According to Mary Walker of Luce, Forward, Hamilton law firm and incoming president of BioCom, typically 80% of a drug manufacturing product is water. While water usage data is available for most traditional industry types, such is not the case for the emerging "biotech" industry. In order to better understand the scope of the biotech need, as well as how biotech water needs compare to other industry needs, staff undertook a survey of San Diego area biotech flCms and of bay area pharmaceutical manufacturing firms. (Virtually no pharmaceutical manufacturing firms currently exist in the San Diego area.) The results are provided below and are compared with the SIC code data for biotech-related companies, select HiI!h Tech industry types, and select General Industry types. . ~- WPC f:\home\commdev\bio.txt 19-- _.3-5 Page 7 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER ,::.:',:;:::::::::,;::, i:\UQ~9!R;Mi:M\!$~!YRQ~~~QN!i~;IDkmX~!iI;\W$t#UNYf$~~fiMf@iH@ WATER WATER USt EMPLYS WATER # OF FAClUTY USE GPE GP S.F. PER 1000 /COMPANY NAME MAJOR ACTIVITY STAGE USE GPD EMPLYS SIZE (DAlLY) (DAILY) S.F. liilhps-Rothenberg BioMedical Inst. PM 80 5 1,500 16 0.05 3.33 AmerIcan Innovation BIOMedical-,"""lr. !<M ~- 2AJ 3l,\J<Ju_ 17 om 0.65 l'Ur.tan "'"""'" B,OMedIcal u.... ~ 1/,379 ;)UIJ 225-""", 34 - 0.118 2.22 ".:::.:.:.:.:.:.:.;.~;.;.:::.;:..:....:;~.tlfSf:#.t%~l,,~..:......::... .....:>> ':...:.>>-.,.:....-:- mWl5J.lli W!!~iM~Mt ~tMm1!N#.W -t$i:iWft~.~!? WmHt~Z loSltc DJagnostics BioMedical Rcscsn:h PM 6SO 8,200 21 "A" Company Dental Technologies PM 8,160 300 66,000 27 0.12 4.55 ndustrJeS Med. bqu,p. & Sup. !<M 3SO 10 8,400 35 u.04 1.19 Pro Care 1'rod. Med. bqUl(l. & Sup. !<M 500 110 19,000 4 0.U3 5.79 l'l')'or f'roduels Med. "'1"1(>. & Sup. toM 948 2S 37, ISO 37 0.03 0.66 loSafely Med. "'Iul(>. ""Sup. !<M I,uuu 85 . o7.uuu 11 O.ul 1.27 acific Biotech, 1IIe. Med. EquIp. & Sup. PM ISO 275 3,500 0 0.04 78.57 Jyna Corporation Med. Equip. & Sup. PM 4,384 160 160,000 27 0.00 1.00 utler Corporation Med. Equip. & Sup. PM 2,500 70 57,000 35 0.04 1.23 mith & Nephew Don lay, Med. "'1"1(>. & Sup. PM 3,659 210 90,000 17 0.04 2.33 nc. I' aetyl TechnologIeS ""ed. bqul(>. & "up. !<M 4,/02 o~ 1>,143 13 U.31 4.29 ;.:.:.;.~:.;...:.>:<.;.;".;-....>>'.~ ~rt.l&1:ltThM1M #}.Wtf$1~1t#t%1mt~j ltri~Mt X*l"~~~W::: tl~J.m1 :~~U~t%~ n@tJt~l@l: i&Wt;;.;-~::.:"..:: Utt'!fl! lodyne. Inc. ",edical Dev.... PM 90 5 11,000 18 om 0.45 ynlron Bioresean:h, Inc. ",edlcal Dev.ces PM 648 2S 19,448 2S 0.03 1.29 <:..eagents Applications, Inc. ",edlcal DevICes PM 5,760 SO 20,000 115 0.29 2.SO ~man Ins!. Inc. ....edical Devices PM 40,000 200 129,000 200 0.31 l.S5 !Ipplied Super ""nelies, I""cdlClll JJevlces I'M I;>U 40 2S,uuu 18 u.u3 1.60 nc. "...::;...::..." .....::....:...::.:......ttm%tt1tNWf:j rM@ftf&t:WMtmmr =M:f:!%%l :J~J"l.:lm tfml~}it E",!~j!l!mM_ t~t::~~:~:.::;:::::~1~i~i1ffIJtlflt~fllllll :fJI1[1~1 filllll fllili :I~~.(tl . ::.:!lf~~tilf1f~J~ij~1ifj ." -,-, ,.. ......, ,............ ::?:;'::;:::::;f}{(f~:~,: ::?: :::~:N~ OMPANY NAME hlttler nstitute tcr Dl&gnostics WATER # OF MAJORACTIVITY STAGE USEGPD EMPLYS BIOMedIcal h 7,480 Bl edlcal 1 t <<iean BiologiCS ton Assay Systems. Inc. Iytical Luminescence bs BioMedical losti'. BIOMedical last. R&D R&D 2SO 200 20 4 580 2,000 12 50 34.48 2.00 BioMedical Ins!. R&D 100 10 4,000 10 0.03 2.SO :.,.;::.;::.;.J~:UgikWDfMtM$i <- WPC f:\home\commdev\bio.txt ;q -...1-6 Page 8 .-. ....... .-, CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER w@n~!t)M~@fMMMMMlI1!mmgW@JQM.~Plinm~Wf.~J~l.!lF!T~f~~*WiJlf~JdW41tM~1@ltf:Mlm1f.B WATER WATER US EMPLYS FACILITY USE GPE GP S.F. PER 1000 SIZE (DAILY) (DAILY) S.F. . WATER IOF MAJORACTlVlTY STAGE USEGPD EMPLYS 199 o 125 o. 2.40 .......-..~............ Mlt.~: w.....iffi1 @:tW:iliiP..~ .~.~t:~:~l~l.. 36. 13 0.01 !~OON11.!lWiJ :f:Mh,q.!l 0.36 ..,~.,.~ ,. ~. ....~~:. ..~..:,.: :.:-: hemlca1s hcmlcals Mmtllfttt~. ':'::. :.;.:.~::~:).:.>:::t..:.,~ .& ~.;~;~~~.,;: ';~~~.~i: . croblo . DC. lorescarchf DC. WATER I OF MAJORACTlVlTY STAGE USEGPD EMPLYS 81 'oenglneer. & 20 BI~BiocDglneer. R&D 81 65 BiolcchIBlocDglnecr. R & D 2. 25 BI~Bloenglneer. R&D 6, 24 Bi~Biocnglnecr. R&D 8.1 75 FACILITY SIZE 10. 30, 75. 13. 41. 1~Wl\lMt=&li.m{'f:i1W tilMli :m.t:H::~.t<-...:~ f.~nt~.:.jtt' mM1&...i~l~t. tltfMfAtM ;j~!:t:tft.1.~Ml~,.~..: @xllW .,~.; 6 30. 333 .20 10 0.02 1.60 .... :ili~#dili!I...mw :Wjiilll$~. .~~. :t.1WtP.ia.9: ...::WB4~#Nt@jMlttW:M@#:tM~~M~wn1t.1tm :}#%Hiit :~;lt 1(;.:.;:,:., #]Wlit~t %tHMf!.J liance Pharm. ensia, Inc. ... f"f?JJIO,.. Pharmaceuticals Pharmaceuticals R&D R&D 6, 25. 48 SO 0.20 0.37 4.06 7.35 mfJlM1tMM Mt;.~~tWi: R~ W&i4!fi1.l @@r.t...~.,<<.~~,.m; JWtt$i~LJ..'...; It#ge~!~ ,'<i" . "" "'''''''D'~ ...:':::..,...:.,.::....,.,::..~,:,.;.;)~n,..,:.,.:~t~f~: .' : ',:::' '. :...:.:.:.....,,,..:.,.,, OMPANY NAME to Scntific, Ltd. cantibodies Labs hem California bar mgen . aagene. nc. * doc Pharm hlrOR Corporation yntex enentech Ilermed Labs . . .~. . .. . ... ;.;;:.;::...:...;,:-:::.:.:.:.:.:.:...,.:::::./:.:.:~~;.:.:.;:j~;...;.:-:.:::.~:.:.:.~ ... ;~:;;;:::. :.:...:.:.;.:.:,:.:.:.:.:.,.:,....:.,.,<.:..,: WATER #OF MAJOR ACTNITY STAGE USE GPD EMPL YS BJolecblBlocngineer. PM 14 BiotechlBioenginccr. FM 1, 85 Biol<:chlJliocDglneer. PM 10 810 loengmeec. 2 ATER USE GPE (DAILY) 25 II 40 21 FACIUTY SIZE harmaoeuticals lI5 Pharmaceuticals PM .36. SO Pl1amu1ceuticals PM 35. 3S Pl1amu1ceuticals PM 200. 4,000 Pl1amu1ceuticals PM =. 2,570 harmaceuticals WPC f:\home\commdev\bio.txt /q- S.7 Page 9 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER """' }XAm!U!!l'9..~$~llxQ!~In!!Qm%!i!:1~IlgmX1~i~E~RP:A~J}iJt;;;'L~"JY$lf.~JB!l$;!9 wATER WATER US. EMPLYS MAJOR WATER USE flOF FAClIlTY USE GPE GP S.F. PER 1000 COMPANY NAME ACTIVITY GPD EMPLYS SIZE (DAlLY) (DAILY) S.F. 1!!UllI1I.i.t~g:t,~J!i ; ~i~;;;;g~ ~ "'''':' ,,' '., . . '" " '. '.' ~ "ij:OO "," 85:96 2.4,1' 2.00' , 172.00' "0.21 w. 5.31 ...... .....~. .'>~";';';';. - - ~ ItNMl1AA;m 121.00 33,771.00 10/.00 0.16 2.-,-5 : ;;~~,:",. l.!liffif.llilW'lifiJif.ft.Jffi!i! , ....:&:.,. T , , r: Y::!r ,Nt nGKllk::,^, ~' , " , . , .':;~>h""':;'h" .;. Drugs SIC - 283 22.664.1l 162.00 139.90 nduslnal Organ. Chern. SIC - 286 1.447.90 12.30 117.72 ,,-VERAGE: fWJl~,9.~f!W 43.5, 114.40 1!,('llt!.{!!ltf#:~t.$~tff##'&ilM ~mt:t*mtf.tf!1* mr1t~~tGi?$ ~;~:;~;t?;;;;1t.f:@ W.a&$i# ill/11m. Witttfr.ft~l~ t1tr4t4tt MaRuracturlRg 5,244.81 136.24 52,357.76 34.85 0.08 4.09 K&U 2..,.,1.67 3'.67 11,846.07 42.86 0.18 8.08 ~VJ;RAtiJ;: l\tllim~:~~;1 ~lY.7 114.y5y-", llJ/.l. U.16 5.U61 'ffiilii'llPliilffA_IJiiBJ@!fW 1#114t\., .:W<.;.;.,. ~~\~ imM~Wt.t ~~"W:f.$m If.Wlm%tl: }.$ll.\l::trt!:1 tMWltWtft.ai litfJWfW~ ~Iec. & Other l<qUip. SIC - 36 33.840.", 323.00 104.77 MAnufacture of Special Industria SIC - 355 5.243.90 157.70 33.25 Mach. abncaung Structural Metal SIC - 344 6.345.40 67.10 94.57 i'l"nducts ::Ompulcrs << umce "'Iu.pment ~IC - ~,7 5.625.00 92.00 01.14 ommuRIcat10ns Equipment SIC - 366 12,143.001 189.00 38.44 & Parts SIC - 376 3.304.001 189.00 17.48 lFabricaf<d Metal Prnducts SIC - 34 18.702.""l 124.90 149.74 ~VERAGE: iM~fi~&91 160.84 70.45 ~~@llt!!.(##Y!f*~wdWWMf tW%t.ffin.T;~;.;;lt ft~MtMWHtl t1!I{~\.~1::t:t~ ~m:m~*. .~l!tfni~tIT io/:.~l1.f.t1.tE&; i$&Mtt.1ffi: c;eneral MacIIjncry "" "'I"'P. SIC - .50 22.095...., 450.40 .>\1.3. ,!unary Metals Industry SIC - 33 24.273...u 299.00 81.1. ""Unary Metals Industry SIC - 422 9.399.00 17.00 552.88 ,,-anufacture of J;og./Turb. SIC - 351 16,383.50 318.80 51.39 "VERAtiE: i4fil~f!? 271.30 183.96 "'"'" Key fmdings can be summarized and compared as follows: lil!tllfilliil 2 ,000 70 18,000 184 urveyed Results iomed. Manufacturing tamed. R & D iotech. R & D iotech. Manufacturing 5,000 2, 7,000 42,000 35 43 107 172 ~ """'"'\ WPC f:\home\comrndev\bio. txt , /9-..38 Page 10 CITY OF CHULA VISTA HIGHTECHmIOTECH ZONE ISSUE PAPER . According to the San Diego County Water Authority, San Diego's problem is not an actual shortage of water, thanks to last winter's rainfall, but the maintenance of reliable sources, and the willingness to pay for that reliability. Because 90% of San Diego County's water supply is imported, maintaining and improving the current water funneling system to San Diego from our two sources in Northern California, namely the State Water Project and the Colorado River, is very important. The San Diego area also needs to develop other sources of water such as the Pacific Ocean and California's 70 acre feet of natural precipitation received each year, of which only 30 % has currently been developed. The CW A has predicted that at some point it will become necessary to capture these currently undeveloped water resources, and because of the complex problems this will entail, to increase current water rates. . The Central VaHey Project Improvement .Act of 1992 provides a mechanism to make water available to consumers outside the traditional Central VaHey Project (CVP) service area. This could help eliminate the problem of an undependable water supply based on California's droughts. Under the Act, individuals and water districts receiving water from the CVP can transfer all or a portion of their water to others under certain circumstances, meaning that CVP water will be available across California. The new law does not affect the State Water Project (SWP) - the source of 30+% of Southern California's water and 50% of San Diego County's water - and the state has not yet passed legislation expressly authorizing the transfer of SWP or other locaJly-developed water. According to a representative of Luce, Forward, Hamilton & Scripps, the biotech industry could take advantage of the economies of scale by negotiating water transfers together, reducing their individual water-related costs, even below current levels. However, in December 1993 the Clinton administration proposed environmental protection (holding more water in the Sacramento-San Joaquin River Delta to reduce salt content and protect fish) that would cut water supplies to Southern California. In drought years, the policy would reduce water supplies to Southern California by more than one-fifth. Specifically, the proposaI would result in the loss of 500,000 acre-feet of water, or 9%, every year that rainfall is average. The loss in drought years would increase to 1.1 million acre-feet, or 21 %. Governor Wilson has warned that the proposal would result in lost jobs because businesses would be leery of staying in the state without the certainty of water supplies. D. ENVIRONMENTAL IMPACTS . Four types of wastes generated by the biotech industry have been identified to be of concern, including: 1) hazardousltoxic waste, 2) biological waste, 3) low level radioactive waste, 4) air pollution. These are discussed below. <.- 1. HazardouslToxic Materials - The specific types and quantities vary greatly depending on the specific type of facility, product and WPC f:\home\comrndev\bio.txt 1r'-'.59 Page 11 CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER ....... manufacturing characteristics. Usage is difficult to define in specific terms for each potential business and estimating typical use may be misleading due to the wide range of activities. It is important to note that Federal standards regulate the handling and storage of materials dermed as toxic or hazardous and the level of control increases with increased quantities that are stored or used on each site,- ..ft is also important to note that the use of these materials is in an environment that is carefully controlled to achieve specific results and risk of escape is probably less than would be expected from a typical industrial use. 2. Biological Wastes Biotech R&D firms typically contract with disposal services to haul and properly dispose of animal wastes. The use of "nim"l~ for research is regulated by the Department of Agriculture. Other types of biological wastes are regulated by the County Department of Health Services who require a biomedical waste plan and permit. Infectious wastes are required to be thermally destroyed. There would be a need for short-term storage of waste materials onsite and local regulations should probably address storage facility requirements and specifications. 3. Low Level Radioactive Waste ....... Low-level radioactive waste is dermed by the concentration, longevity and toxicity of the material. It includes radioactive chemicals used in medical diagnostic tests and the glassware, hospital gowns and other paraphernalia that become mildly contaminated during such procedures. (More than 120,000 cubic feet of such trash is produced each year in California, enough to fIll some 16,000 barrels). Radioactive isotopes are used in diagnostic procedures as an indicator of a particular substance, such as a protein or antibody. The isotope is used as a tracer to tag the substance for identification, and although their use is generally associated with research, there may be usage and storage of low level radioactive materials associated with the production oriented uses (manufacturing) that are being targeted. Most of the materials used in the biotech industry have relatively short half-lives and their radioactivity can be degraded to background levels and disposed of in municipal waste within 2 to 3 years. All of the biotech/biomed waste generated in San Diego falls within Class A waste, the waste that decays to acceptable levels of radioactivity in 100 years or less. The Ward Valley facility is proposed to ultimately hold Classes A, B, and C waste. ~ ~ Staff has attempted to get a handle on the risk associated with potentially increased use and storage of radioactive materials resulting from WPC f:\home\commdev\bio.txt 19-~O Page 12 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . introduction of biotech firms in the City. Through contact with nearly 25 individuals involved in university/non-profit research, ratioactive material regulation and the biotech industry itself, it appears that quantifying these materials is problematic due to the variation in size of potential facilities and in type of activities/operational. characteristics. '. However. staff has confirmed that use of radioactive materials. in the biotechnolol!Y industry is one of the most heavily rel!ulated among industrial and health care uses. The controlled use and storage of the materials in the biotech industrY result in a verv low potential for release into the environment. There is far more potential for public e"Posure in cases where hospitals use radiation treatments for therapy and diagnosis than in biotech R&D or manufacturinl!. . Currently, biotech companies as well as hospitals and universities are faced with the difficult choice of onsite storage of their low level radioactive waste, or expensive shipment to the only facility open to them, the Barnwell, South Carolina facility. Eventually, the lack of space for storing this waste could force some biomedical scientists to halt research requiring nuclear isotopes (and might even restrict the wider use of radiation in hospitals and clinics). The nearest offsite disposal facility is in South Carolina and transfer of the small quantities of materials generated by biotech industries is generally not economically feasible. Therefore, some low level radioactive waste materials may be stored onsite. . The lack of a solution to the waste disposal needs of medical research companies, institutions and hospitals continues to be a critical obstacle facing the biomed industry in California. As discussed above, many forms of medical research and medical treatment require the use of low- level radioactive materials. For many years, California has struggled to complete the approvals for a low-level radioactive waste disposal site at Ward Valley in the Mojave Desert. The site is deemed to be critical if California's Biotech industry is to continue to grow. Delays encourage the industry to consider other parts of the country for job-producing manufacturing expansion. The state Dept. of Health Services has recently approved the license for the facility; however, the land must still be transferred from the federal government. Interior Secretary Bruce Babbitt has postponed action on the land transfer pending the outcome of state court litigation which seeks an adjudicatory hearing before the Ward Valley license becomes fmal. The state will hold a hearing this fall to address remaining technical issues. .- There are nine multistage compacts to create regional disposal sites for less contaminated classes of nuclear waste (and one more in process). But Page 13 WPC f:\home\commdev\bio.txt )9~ /f/ CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER onlv two of the nine regions have nuclear-waste landfills in operation _ Richland. Washin1!ton and Barnwell. South Carolina. And only California appears very close to adding the third. Onlv the South Carolina site is acceDtin1! waste shipments from states outside its re1!ion. and that is scheduled to end in Julv 1994. While the nuclear waste industru waits for solutions, most nuclear-waste generators continue to store the Oldioactive material on site, while the rest are shipping waste to South Carolina and/or a waste-burning plant in Tennessee. 4. Air Pollution · Stationary Source (Industrial Emissions) - Although biotech industry activities do not usually involve combustion or incineration of materials, they may require the use of evaporative agents that have the potential to release volatile organic compounds and other emissions that would require APCD "Authority to Construct. and .Permit to Operate" permits. . Indirect Source (Traffic Emissions) - Trip Reduction Program _ The biotech industry has expressed concerns in the past regarding the potential negative economic impacts of the proposed "Trip Reduction Program", or Regulation XIII, APCD's employer trip reduction program to meet federal Clean Air Act requirements. Under this program, worksites that employ 100 or more people would be required to conduct a survey of current ridership characteristics, submit a plan to reach the targeted ridership level (1.41 persons per vehicle), and to implement the plan. Implementation of this program depends on the status of the region's federal smog classification. The EPA has now approved the District's request to reduce the classification from severe to serious which has eliminated the need for the Trip Reduction Program. E. BIOTECH FACILITIES 1. Basic Facility Needs a. Facility Needs - Overview Biotech fIrms, depending upon their stage in product development, need varying levels and types of facilities. Generally, biotech companies' special space needs challenge the creativity of the landlord, tenant and lender. According to BIOCOM, the limited access of the industry to debt capital.for the construction of laboratory and manufacturing facilities is .severely restricting growth and forcing the industry out of California. It is WPC f:\home\commdev\bio.txt Page 14 ;Cf-/.!.2. ~ ..-. """"" . . . CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER also reducing the survival indices of companies by forcing the use of venture and public market capital for the construction of . facilities.. Present California requirements for approvals of new facilities also strain limited capital by resulting in delays of a year or more longer than in other states. The four basic types of biotech (pharmaceutical) facilities include: R&DLab R&DLab (initial ronnulation work) lK-lSK sq. Ct. 2O-40K sq. Ct. Develop initial ideas over 9 mos. - 3 yrs Takes product rrom lab bench to mixing bowl production (arter investor approval) Product refinement ror production scaleup Most space ror marketing, sales, support Pilot Mrg. S0-60K sq. Ct. Sustained Production (Fully Integrated racility) 100+ K sq. ft. In order to understand facility types and needs as relates to the drug industry, it is helpful to understand the drug development and approval process. The flow chart below shows the success rate of drugs and the length of time each ~tep takes: DRUG DEVELOPMENT AND APPROVAL PROCESS (On average, it takes 12 years ror an experimental drug to lIavel from lab to medicine cbest. Only five in 5,000 compounds that enter preclinical testing make it to human testing. Only one or these is approved.) CUnlcal Trials itf.it~1ill;111il[1~'{~1 : II=: Predfnlcal Testing ..,. FDA Pha.. IV FIlE '::'M!:,:,}? t~t4.ijHJ AT 2OtoBO healthy volunteers FD.. 100 to 300 l?atient volunteers 1000 to 3000 patient volunteers Additional polt testing required by FDA AT FDA Asse.. .afety It Biological activity Determine safety and dosage Evaluate effectivenessl look for side effects Verify effectiveness' Monitor adverse reactions from fong-term use 6 ENTER rue CLINICAL TRIALS Review processl approval 6.000 COMPOUNDS EVALUATED 1 APPROVED .Inveltigational New Drug Application UNDI . .New DnJg Application (NOAI b. Biotech R & D Facilities -- The research and development facility typically includes common infrastructure (such as steam, special water still, and fermentation /9 -. Lf,3 Page 15 WPC f:\home\conundev\bio.txt CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER ......, vessels) and administrative offices (general support spaces are typically over 1/3 of the overall generic lab space). Therefore, R&D facilities can more easily be of a generic design. Standardized design means. reusability to institutional investors (more real estate credit) and this in turn means reduced investment risk and improved access to facilities capital markets. Responding to the biotechnological boom of the last ten years, the Neilsen Capital Group created a Task Force to create standards for single- tenant biopharmaceutical R & D facilities. These standards are specifically aimed at facilitating the growing need for wet-lab space and target companies in start-up yet stabilized phases, (e.g., those that have an Initial Public Offering those which are close to introducing products to the FDA, and those with products in the pipeline). These standards were adopted by the Association for Biotech Companies (ABC) in April 1993. However, a related issue of concern to the R&D industry is the task of developing consistent standards for laboratories. California imposes lab standards above and beyond federal NIH standards for laboratory safety. These should be made to conform to federal standards to prevent redundant inspection requirements. ~ c. Biotech Manufacturing Facilities Manufacturing facilities are typically very "special purpose"; however, there could still be a generic "shell" building. Techniques used to manufacture biotech-derived products have grown increasingly sophisticated, making it difficult to stay abreast of the state-of-the-art plant layout and equipment design. It is very difficult to predict whether today's biotech plant will meet tomorrow's facility requirements. There is no single plant layout or manufacturing process arrangement that can be used interchangeably for the production of the different kinds of biotech products. Some of the more significant design issues unique to biotech companies include: 1) Containment, 2) HV AC systems, 3) Water systems, and 4) Sterilization systems. In terms of containment, biotech facilities that will use procedures such as fermentation or continuous cell culture must identify work areas where physical containment of the manufacturing processes is required to protect the product, environment, and/or workers. They must also identify areas where containment is not required, such as glassware washing areas. The design must indicate the air-flow direction in -.. wpc l:\home\commdev\bio.txl /q-tl'f Page 16 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . both areas; the flow of materials, equipment, products, and bio-hazardous waste; and the flow and control or personnel. The level of containment is based on the hazards posed by the organisms or agents used in the production process. In terms of HV AC systems, viable and nonvialiIe: airborne particnlate matter in the production and purification areas must be controlled. The air supply should be filtered through high-efficiency particulate air fIlters, achieving at least 20 air changes per hour. Each room used for inoculum preparation, fermentation, harvesting, or purification should normally have a separate air handling system. It may be necessary to control the air pressure differential of adjacent rooms. . Biotech facilities have special needs regarding the quality of water. Water that comes in direct contact with the product should be USP Water for Injection (WFI) quality. Water used in purification procedures, the final rinse water for glassware stoppers, and equipment used in the purification and formulation- filling operations, aqueous buffers, and product formulation all require WFI quality water. WFI water is purified by distillation or by reverse osmosis. The typical system employs carbon filters and cation and anion deionization beds to pretreat incoming potable water. Reverse osmosis or distillation is then used to produce the quality and quantity of WFI required by the plant. Finally, in terms of sterilization, a facility layout should include adequate provisions for sterilizing equipment and supplies entering the containment and aseptic processing areas. . The Task Force identified some specific needs in the area of Pilot Manufacturing - with some related opportunities. Companies moving from preliminary R & D to Phase I and II Clinical trials have limited options in terms of facilities. Several local companies, including Telios Pharmaceuticals, IDEC Pharmaceuticals and ISIS Pharmaceuticals, have chosen to develop dedicated pilot manufacturing facilities. This strategy has proven to be enormously expensive and has put large amounts of investment capital at risl. Synergen invested $65 million in a Boulder, Colorado facility, only to find their lead compound placed on "clinical hold" by the FDA. The Telios facility is rumored to have cost in excess of $25 million, while the IDEe facility cost approximately $15 million. Other companies, incuding AMYLEN, have chosen to outsource their.- pilot manufacturing. There are a very limited number of contract facilities in North America, with none offering a Good WPC f:\home\commdev\bio.txt 19..../15 Page 17 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER Manufacturing Practices ("GMP" facility suitable for fermentation through purification. There is good reason to believe that strong demand exists locally, nationally, and internatinoally for such services. Mr. Jim McGraw of McGraw/Baldwin Architects feels that there is a local pent-up demand for facilities equaling approximately 200,000 sq. ft. Other estimates hav~ been as high as 300,000 sq. ft. -... Industry representatives generally indicate that a manufacturing facility within 30 to 45 minutes of the R&D/Corporate Headquarters is a very acceptable distance. The manufacturing facility growth in San Diego is projected to occur over the next 10 years, with significant growth beginning in the next two years. 2. Facility Financing a. Why Lenders are Reluctant The financing risk for a biotech facility may be higher than for most commercial build-to-suit financing. First, the tenant improvements are expensive; laboratories and other specialized facilities, including a pilot manufacturing plant, elevate the ......., loan-ta-value ratio and increase the lender's risk. Second, such companies tend to lack an established product line or rmandal track record (many have never. shown a profit). Lenders may pressure tenants to provide security or guaranties of completion or other performance. Developers will generally have to turn to nontraditional lenders versus banks and S&L's. Potential sources include tenants themselves via their access to venture capital and union pension funds. The high cost of specialized tenant improvements, especially those for pilot manufacturing plants and specialized laboratory systems, is a problem in and of itself. The costs of biotech T.I. 's often exceed ten times those of a traditional indnstrial use (Le., it is not unusual for T.I. 's to cost up to $1000 sq. ft.). (The company may need to pay for the T.I. 's itself with the balance financed.) The new IDEC Pharmaceutical headquarters in San Diego required over $19.3 million in tenant improvements to the 70,000 square foot facility. Financing was obtained from pension funds predicated upon an agreement that only union labor would be used for building and installation. Lenders are reluctant to finance construction of specialized improvements (new construction or retrofitting) that are not readily usable by future tenants, should the original tenant fail. ~ WPC f:\home\conundev\bio.txt ICJ-L/~ Page 18 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . (Nonetheless, specialized scientific fixtures, equipment, and other improvements can add value to the property. They justify charging the tenant higher rent and add value when rents are adjusted during the lease term, To the extent that the improvements are reusable" they have residual value at the termination of the lease. if they are the landlord's property.)- . b. Financing Options/Future Trends While real estate financing for biotech presents unique challenges, the companies themselves have more options than do potential developers. The developers lack the equity required; they need to use rent income as the basis for the loan. The companies, on the other hand, have the following options: . Issue tax exempt IDB financing (However, the $10 million cap may be prohibitive) Sell stock for real estate financing (they do not like to do this) Obtain lender real estate financing (tough because no bank credit and no income; possible if there is adequate equity; typically 60% equity is required, which is unworkable for developers) Seek institutional investors (will own and lease back; no debt, all equity) . . . . With technologies constantly changing, facility design can be difficult. Biotech companies unsure of their long-term space needs are likely to seek flexibility in the form of expansion or contraction rights as well as assignment or subletting options in the lease. They need the ability to sublease if they have surplus space and to be able to move elsewhere if they find themselves strapped for space. Developers and lenders would like to see the development of "generic" designs that could serve more than one particular client. The idea might require a larger investment up front, but may better insure the leasing prospects of the property and find more friendly financing because of its increased market applicability. . Dr. Alain Schreiber, President and CEO of Vical, indicates that San Diego as a biotech center is lacking support in the area of financing. He feels that because there is no large pharmaceutical company in Southern California there is no local industry skill base, leading to a lack of knowledge of the biotech business in the WPC f:\home\commdev\bio,txt /9 - ~7 Page 19 CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER investment community. He would like to see large facilities open here, buy without the imancing necessary most companies will remain what the calls "R&D" Boutiques" with the corporate offices here in San Diego and manufacturing set up elsewhere. However, he feels that with positive support, these companies can grow and flourish in San Diego. . ~ F. FACILITY DEVELOPMENT REVmW Getting products to the marketplace quickly and more cost-effectively has become critical to the lone-term commercial success of biotech companies, especially now that the explosive public market for biotech stocks has all but dried up and securing financing is diffIcult. Beating a competitor to the marketplace can significantly help in market penetration. According to BIOCOM, present California requirements for approvals of biotech new facilities strain limited capital by resulting in delays of a year or more longer than in other states. Industry representatives have identified the need to fast-track development review and to provide upfront certainty regarding the review process and time frames as a particularly critical one to the biotech industry. The need for minimum discretion in this process is repeatedly stressed. - Also according to BIOCOM, biotechnology/biomed manufacturing zones with pre-approved enviroumental documents are needed to foster growth of the industry in this state (see CAL BIOSUMMIT '93 brochure). Another approach to fast-tracking is evidenced by The University of Iowa model which utilizes "incubator centers" that encourage cities and counties to expedite the permitting process for new biotech plant construction. G. LABOR FORCE Information regarding the labor force needs of the biotech and biomed industries is still being collected. However, some insights can be derived from the conclusions of the "Bay Area Biotechnology/Education Consortium" which has released a study undertaken in September 1993 to "determine projected personnel needs at the technician levels of San Francisco Bay Area bioscience companies, and to help define training requirements for technicians and production workers. " For purposes of the study, "technician" was defined as workers in the areas of R & D, Manufacturing/Production, Quality Control/Quality Assurance, or Clinical Research. They have specialized training or skills in the life sciences and work under the direction of a scientist to perform routine analyses and procedures using scientifIc equipment. Technicians may be responsible for a wide variety of research laboratory tasks and experiments, for implementing analyses .{)f raw materials, in-process inspections and quality control audits, as well as the manufacture and packaging of products, and the implementation of production ~ WPC f:\home\commdev\bio.txt jtl-J.f8 Page 20 . . . Attachment C EXCERPT DRAFT MINUTES ECONOMIC DEVELOPMENT COMMISSION CITY OF CHULA VISTA, CALIFORNIA Wednesday, May 4, 1994 12:00 Noon Conference Rooms 2&3 Public Services Building 2. Hitech/Biolech Zone Ms. Dye reported that the HighlechlBiotech Zone was going forward to Council to adopt the overall program and the incentives on either May 17 or 24. The Highlech/Biolech Zone task force has approved them. Ms. Dye recapped the specific recommendations that were going to Council. Discussion ensued regarding the fact that the EDC had previously reviewed the HT/BT Zone Issue Paper. Ms. Dye stated she would like the EDC to recommend that Council approve the recommendations in the staff report. Vice Chair Compton asked for a motion to that effect. MS (Peter/Patrick) Discussion ensued regarding the partnership with Southwestern College. The Hitech/Biolech task force is trying to get a handle on what the labor force needs are for biotech firms as they move into manufacturing and is working with Southwestern College and the Workforce Development Team, of which Dean Wylie is Vice Chair, in this regard. Those needs may potentially be addressed through curriculum at Southwestern College or elsewhere, or through incentives the City can provide to the employer. Additionally, the task force is working with Southwestern College to develop meaningful linkages with the Small Business Development and International Trade Center to offer special kinds of business support to tenants in the zone. At this point the recommendation is that Council direct staff to continue to evaluate and address these issues and report back. The motion passed 5-0-4 (Tuchscher, Allen, Maslak, Read absent) 19 - L/7 ATTACHMENT D EASTLAKE BUSINESS CENTER-PHASE I . SOUTH BAY INOUSTRfAL CENTER SElF~ 10 UNK $.D. COM REPS --;---, eoSWEU-ROAD lJNlTElJ PAACel SERVICE ~cT. 18 19 6 WllJ.lG . NORTH ISl.ANO w FllElGHT " :> UNES FEOERAI.. CREDIT UNION z w ~ w ~ PHASE II 3 4 "' C\I ~ PROPOSED KAISER MEDICAl CENTER . w I- :J o 0: w ~ Iii w 0: :J I- :J lJ. .~_.. 19'- pI CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER . procedures. Technicians are not responsible for the development of methods and they do not exercise scientific creativity. The study surveyed companies involved in R & D and in production of human therapeutics; diagnostics; medical instrumentation; agricultural products; and academic and government research institutions. The following infqrmacton reflect the fmdings of this specific study: The employment rate in the industry overall will continue at approximately 8 _ 12 % annually, with demand for technicians rising at a faster rate, creating demand for about 1700 to 3400 new positions in the Bay area by 2000. It is generally concluded that approximately 6% of the total workforce is currently comprised of technician employees. ' Companies are already experiencing difficulties in recruiting qualified technicians, and turnover is above average. Indications are that this disparity will intensify and that accordingly training programs are needed. However, many skills demanded by industry are already being taught in several community colleges, but the companies are unaware of these resources. . While applicants with prior industrial experience are most desirable, the majority of the positions will have to be fIlled by entry-level applicants with educational degrees at the high school, A.S. and B.S. levels - unless local companies change their current stance and begin to recruit from other regions of the U.S. at significant cost. In terms of educational requirements, .most respondents (and particularly manufacturing) mentioned the high school diploma as the minimal requirement. This response was fairly uniform across different departments; i.e., 35 % in R&D; 30% in production. However, in reality, managers like to hire far above "minimum requirements". In terms of actual job descriptions, the H.S. degree should have been satisfactory for more than 50% of all positions. Minimum requirements for Technicians were indicated as follows: Degree Overall Manufacturing R&D H. S. 25 (45%) 6 (60%) 9 (45%) A. S. 11 (21 %) 1 (10%) 4 (20%) B. S. 16 (30%) 3 (30%) 7 (35%) . Responses indicated that good students with A.S. degrees were hard to finQ,. The authors felt this was likely due to the fact that most community colleges have not WPC f:\home\conundev\bio.txt /9 - Lff Page 21 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER .-.., yet developed purely vocational training programs in bioscience - as they have in other fields. The study found that some states are moving ahead of California in developing biotechnician training programs. Examples include Massachusetts, and North Carolina. At the federal level, D.O.E. is providing a grant to.the:&iucation Development Center to develop industry-wide skills standards for bioscience technicians. Regional examples include the Berkeley Biotechnology Education, Inc. program with Berkeley H.S. and Vista Community College, and AMGEN company's partnership with Ventura Community College in Thousand Oaks. In terms of turn-over rates, the problem seems to be related to managers hiring the wrong people for the wrong job. Instead of recruiting technicians from 4 year programs for manufacturing positions, managers should consider hiring applicants with a 2 year degree. Manufacturing employees need much more on-the-job training due to the higWy regulated nature of the drug manufacturing process. Production, and QNQC departments in biotechnology have to adhere, for example, to strict, specific GMP and other requirements, and extensive recordkeeping procedures. Applicants from 2 year programs would be a better match for these manufacturing jobs. Respondents indicated that more training is needed in the areas of math, reading and writing, as well as good organizational and interpersonal (specifically interviewing) skills. Knowledge of word processing, use of spreadsheets, and data processing were also important. --.. In terms of salaries, entry level technicians with no prior industrial experience averaged $22,000 year, rising to $29,000 in three years. H. COMMUNICATIONS An area of concern regarding biotech industry communication needs is the recent announcement by PacBell that it is proceeding with plans to wire the county with fiber-optic technology in connection with the federal "information superhighway. program - with the first phase not includinl! Chula Vista. The initial three year phase is expected to cost $250 to $300 million. Installation will begin in April in Pacific Beach and Mira Mesa, and by December 1996 will include from Point Loma to Del Mar and east to Rancho Bernardo, Poway and Tierrasanta. Conversion of the South County's existing facilities is expected to be completed by the year 2000. PacBell's plans to rewire the entire state by 2010. Among the steps being taken now to improve service to Chula Vista customers and prepare for full conversion are the following: <~ -, WPC f:\home\commdev\bio.txt /9-.5tJ Page 22 CITY OF CHULA VISTA HlGHTECH/BIOTECH ZONE ISSUE PAPER . 1. Fiber optic rings, primarily for improved business communication, have recently been completed in Eastlake and the Otay Valley area. 2. Integrated Services Digital Network (ISDN) allows for faster and clearer data transmission via telephone lines. This technology which isla platform for future system upgrades, is now available in most areas of Chula Vista. 3. Digital switching equipment and repeaterless high capacity (hi-cap) lines are being installed to improve data transmission and lessen the chance of data loss. 4. In the Fall of 1993, PacBell retrofitted its Apache Drive facility with digital equipment. The Third Avenue offices are currently being retrofitted with an operational date of October 1994. m. mGB TECHNOWGY INDUSTRY NEEDS AND ISSUES . There are generally five recognized barriers to growth facing high technology in the U.S.: 1) increasing market wages; 2) an underdeveloped infrastructure; 3) lack of U.S. fmancing; 4) difficulty in recruiting for various positions; and 5) State, Local & Federal regulations, including environmental. IV. PROPOSED CITY OF CHULA VISTA INCENTIVES PLAN A. DEVEWPMENT REVIEW FAST-TRACKING 1. Revise Industrial Performance Standards One of the major concerns which has been raised by representatives of the "biotech" and "hi-tech" industries is the duplication by local environmental and land use regulations of those of other governmental agencies. In specifically, it was pointed out that the performance standards for the Eastlake Business Park (Section IV.3 of the Planning Community District Regulations) contained a number of standards which appeared to overlap with other existing state and/or federal regulations. . As a result, the performance standards for the Eastlake Business Park were evaluated to determine the areas where such duplication or overlap existed, and to suggest ways in which such overlap could be eliminated. In conducting this review, Ms. Wendy Longley-Cook, Manager of Corporate Environmental Affairs for Rohr, Inc., provided a great deal of assistance in reviewing the City's regulations, and offering her own knowledge and insights regarding the regulatory environment for industrial users. In addition, Joan Swanson, a Hazardous Materials Specialist with the San Diego County Department of Health Services, was very helpful WPC f:\home\commdev\bio.txt 1'1-.5/ Page 23 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER in providing information regarding the County's regulatory program for hazardous materials management. ....... The following summarizes the results of our evaluation: a. Fire and Explosive Hazards '-. - The existing Eastlake Business Park regulations establish the following standards for fire and explosive hazards: " All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Adequate smoke detectors shall be installed in all new construction" (Section IV.3.t). The regulatory environment pertaining to fire safety and explosive hazards has two main components: 1. State laws and regulations pertammg to hazardous materials, which are administered at the local level by County Department of Health Services, Environmental Health Services, Hazardous Materials Management Division; and --.. 2. The Uniform Fire Code, which is administered by the City Fire Department. With regard to State laws and regulations pertaining to hazardous materials, these regulations are contained in the California Code of Regulations, and deal with a wide variety of hazardous materials. Specifically, "hazardous materials" include: · ignitable materials, · reactive materials, · corrosive materials, and · toxic materials. The State laws regulating hazardous materials are comprehensive in nature, covering the storage, treatment, and disposal of such materials. The County administers these laws locally, and in doing so, requires industrial users to provide information regarding storage and handling of hazardous materials, as well as conducting annual inspections of all facilities in which such materials are located. .-, -- WPC f:\home\conundev'bio.txt /C/-.5z, Page 24 CITY OF CHULA VISTA HIGHTECHIBIOTECH WNE ISSUE PAPER . At the same time, the City Fire Department administers the Uniform Fire Code, which regulates both fire safety and explosive hazards. Article 80 of the Uniform Fire Code specifically addresses hazardous materials issues. . The local chapter of the Industrial EnvironmentaJ- ASsociation (rEA) has recently completed an analysis which indicates that the overlap between the County regulatory program pertaming to hazardous materials and implementation of the Uniform Fire Code by local fire departments is one of the major areas of regulatory overlap which needs to be addressed. Whereas in rural areas, fire departments have taken the lead in this area through the implementation of Article 80 of the Uniform Fire Code, in more urbanized areas such as San Diego County, departments such as the County Department of Health Services have taken the lead in implementing regulations in regard to the storage of hazardous materials regulations dealing with spills, etc. When the next update of Article 80 is published, the lEA will recommend that local fire departments not adopt those sections of Article 80 which deal only with hazardous materials and are duplicative of State law, but instead rely on the County's regulatory program for hazardous materials management. The City of Chula Vista Fire Marshal has indicated that while there is some overlap between County and City regulations in this area, there is an excellent cooperative relationship between the City and County staff, and a conscious effort to minimize the actual duplication of effort in regard to inspections and other regulatory actions. She felt that the City's focus is strictly on fire safety issues, and that it is u~eful for the City to be able to implement its own regulations as it pertains to fire safety issues. Based on our analysis, there appear to be two separate issues: 1) the overlap of the specific performance standards in the Eastlake Business Park Planned Community District regulations with existing regulations contained in the Uniform Fire Code and State regulations dealing with hazardous materials; and 2) possible overlap between the Uniform Fire Code, which is implemented by the City Fire Department, and State hazardous materials regulations, which are implemented by the County Department of Health Services. <~ . WPC f:\home\conundev\bio.txt /'1 - 53 Page 25 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER With regard to the first issue, it is recommended that the Eastlake Business Park PC district regulations dealing with Fire and Explosive Hazards (Section IV.3.t) be revised to simply incorporate by reference the Uniform Fire Code and other applicable regulations, and to eliminate specific p6fformance requirements such as the use of smoke detectors, whjch are already required under the Uniform Fire Code. -... With regard to the second issue, it is recommended that the City utilize the "One Stop Early Assistance Program" described in Section 7 of this report as a means of further ensuring coordination among the City, the County, and project applicants regarding regulatory requirements pertaining to hazardous material storage and disposal. Staff will monitor the effectiveness of this approach, and report back to Council at the time of the next update of the Uniform Fire Code as to whether any further evaluation of this issue is warranted. Furthennore, it is recommended that the Fire Department in coordination with the County Department of Health Services, evaluate a list of types of chemicals which are typically used in a biotech manufacturing setting, so that it can provide a rapid -., response to potential biotech users regarding f'Ire safety requirements pertllining to those chemicals. b. Qgm: The existing performance standard for the EastIake business park states that "no use shall be permitted which creates odor in such quantities as to be readily detectible beyond the boundaries of the site." This standard appears to duplicate Rule 51 of San Diego County Air Pollution Control District regulations, which are implemented by County APCD. This is a general nuisance type standard which also applies to toxic materials. The Air Pollution Control District appears to provide adequate enforcement of this standard, and therefore the City should consider modification of its performance standard for odor, and instead incorporate by reference the County standards. c. Air Pollution The EastIake Business Park Regulations provide as follows: "There shall be no emission on any site, for more than one minute.in any hour, of air contaminants which, at the emission point or within reasonable distance of the emission point, is as dark or darker in -.. WPC f:\horne\commdev\bio.tx:t. /9-5'"1- Page 26 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . shade as that designated as No. 1 on the Ringelman Chart as published in the United States Bureau of Mines Information Circular 7718." (Section IV.3.I) Air pollution from stationary sources is currently re~ulated by APCD Rule 50. The only significant difference is !hJlt the APCD rule allows up to 3 minutes in anyone hour rather than one minute in any hour. This standard was set because when boilers are started it takes up to 3 minutes to clear the boilers. However, it would be difficult for the City to enforce the alternative standard of 1 minute per hour in that the Air Pollution Control District is better equipped to implement air pollution control regulations such as this. Therefore, the City should consider modification of its performance standard for air pollution and instead incorporate by reference the County standards. d. Toxic Materials/Hazardous Materials . The existing Eastlake Business Park regulations provide as follows: "no land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage, or proximity to toxic materials." (Section IV.3.0) As noted earlier, "toxic materials" is one sub-category of "hazardous materials," which are regulated in a comprehensive manner by the state and federal governments. (Note: Hazardous/toxic materials do not include low level nuclear waste; see Section e.) Loca1 regulation occurs at the County Department of Health Services, which requires that manufacturers disclose all hazardous materials, and are subject to an annual inspection which governs storage of one drum or more of any hazardous material. In addition to the disclosure process and annual inspections which are conducted by the County, the State Department of Toxic Substance Control also does ad hoc inspections of industrial facilities. In addition, the U.S. Environmental Protection Agency also does inspections from time to time. . In summary, there appears again to be overlap between the City performance standard in the area of toxic and hazardous materials and existing State regulations, and the City should consider modification of its standard, and instead incorporate by reference existing State regulations. 01,_ In addition to laws which generally govern the use and regulation of hazardous materials, there are specific regulations dealing with WPC f:\home\commdev\bio.txt 17'- 55 Page 27 CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER "acutely hazardous materials," which are contained in Section 25531.1 et sec. of the State Health and Safety Codes. These sections of the state code require registration of acutely hazardous materials (which includes such commonly -used materials as sulfuric acid and nitric acid),. preparation of Risk Management and Prevention Programs (RMPP's) by handlers .of hazardous materials, specific regulations regarding proximity of such materials to schools, health care facilities, and day care facilities, and public review procedures for hazardous materials regulations. ........ The cost of preparing RMPPs is approximately $30,000-$50,000 per chemical which is subject to regulation plus $12,000-$20,000 for the County to review such documents. There is a specific concern with regard to State Health and Safety Code Section 25534.1 which requires that a 1,000 foot setback be provided between "sensitive populations" (including daycare and school uses) and facilities that store materials defmed as acutely hazardous in quantities at or above Threshold Planninl!" Ouantities mo's). Each acutely hazardous chemical has a unique TPQ designated by the State. The 1,000 foot setback requirement can be eliminated either through an RMPP or through reduction in the -. quantities of materials below TPQ's. Biotech firms. includinl!" pharmaceutical manufacturinl!". typically use acutely hazardous materials in production. However. the ouantities are usually below TPO's. Usually, when biotech firms exceed the TPQ's the uses involve sulfuric acid used in water treatment or anhydrous ammonia used in refrigeration. In most cases. the County Hazardous Materials Division (HMMD) can work with these firms to reduce the amounts of the hazardous materials to levels below TPO's. thereby avoiding the need for any setback. This can be achieved through modification of operational practices and limitation of storage (Le., use of more frequent delivery of materials versus on-site storage). Coordination with HMMD through the "One Stop Early Assistance Program" will help avoid exceeding TPQ's, and thereby avoid setback requirements as well as costly Risk Assessments (RMPP's). Overall, the most favorable scenario for implementation of the hightech/biotech incentive package would be elimination of any conflicting uses within 1,000 feet of proposed industrial uses. Notwithstanding, effective management of hazardous materials may prove to be the best solution. <_ -. WPC f:\home\commdev\bio.txt /9~56 Page 28 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . In addition, the City should, in conjunction with future Code updates, consider establishing criteria for issuing conditional use permits for schools, day care facilities, etc. that would take into account the possible impacts of locating such facilities in proximity to future industrial uses. ' I e. Radioactivity/Low Level Nuclear Waste The existing Eastlake Business Park regulations provide as follows: . in all business center districts, the use of radioactive materials shall be limited to measuring, gauging, and calibration devices and medical x-ray diagnostic equipment.. The use of radioactive materials and devices is already regulated by both the federal and state governments, specifically through Title 17 of the California Code of Regulations, which directs the State Department of Health Services to establish specific regulations pertaining to use of radioactive materials. In addition, the local office of the County Department of Health Services implements state regulations dealing with this matter. Therefore, the City should consider eliminating its performance standard in this area. . f. Enerl!Y Conservation The Eastlake Business Park regulations establish performance standards for energy conservation, which are set forth in Section IV.3.N. These energy conservation standards address specific aspects of site planning, building design, and landscaping which are intended to reduce energy consumption. Since adoption of these standards, the City has adopted State mandated energy conservation standards (fitle 24, Part 6, per California Energy Commission) which are applied to all new development. These State-mandated standards are more specific than those contained in the Eastlake Business Park regulations, and are routinely implemented by the City through the Building and Housing Department. Therefore, it is recommended that this section of the Eastlake Business Park regulations be deleted, or amended to reference the State-mandated energy conservation standards. 2. Revise Land Use Regnlations The planned community district regulations for the Eastlake Business Park established two zoning categories: . . BC-l (Business Center Manufacturing Park District) - This ..district is intended as an area for modern industrial, research, and WPC f:\home\commdev\bio.txt /9-.5"7 Page 29 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER administrative facilities that can meet high performance and developmentsmndards. -., · BC-2 (Business Center Manufacturing Service District) - This district is intended as an area for light industrial and limited service commercial uses that can meet high pe~forlUance and development smndards. Land uses within these two zoning categories are listed as permitted, conditional (requiring a Conditional Use Permit), and administrative review. In reviewing the listing of permitted uses and conditional uses within the two zoning categories in relation to possible future high tech and biotech manufacturing uses, the City should attempt to minimize the level of discretionary permit review for uses that meet all relevant industrial performance standards. Therefore, the following changes to the listing of uses should be implemented: . Section IV.3.A.I (Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared typical materials such as canvas, cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper (no milling), precious or semi- precious stones or meWs, plaster, plastics, shells, textiles, tobacco, wood, and yarns; novelty items (not including fireworks or other explosive type items) should be changed from a conditional use to a permitted use in the BC-2 zone; """ · Section IV.3.A.5 (Chemical Laboratories) should be changed from conditional to permitted in both BC-I and BC-2. 3. Create City Council Subcommittee In order to facilimte "fast tracking" processing of individual development proposals within the existing Eastlake Business Park Phase I it is proposed that a City Council subcommittee be esmblished as a "one stop" review authority for such projects. This concept would be similar to the "enterprise zone" concept implemented in the City of Escondido for its downtown area. Under this concept, the Council subcommittee would be given the authority currently held by the Planning Commission and Design Review Committee to recommend approval of discretionary actions (conditional use permits, design review actions) to the City Council, which would have final review authority. Because the number of land uses requiring conditional use permits related to high tech and biotech manufacturing would likely be minimized through. the land use changes outlined in the previous section,. the most direct effect of this ,change would involve the Design Review Committee's responsibilities for design review of individual projects. -.. wpc f:\home\commdev\bio. txt /9 -58 Page 30 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . 4. Establish High Tech/Biotech Zone Project Team/Ombudsman The High Tech/Biotech Zone will have a project team and ombudsman to insure that the fast tracking procedures are optimally implemented. Each qualifying project will be assigned a Processing Manager lWithin the Planning Department. This individual will be responsible fpr cOordinating all interdepartmental reviews from time of submission to final approvals. This will create a single point of contact for all development related departments involved in the project's processing, including Planning, Public Works/Engineering, Fire and Building and Housing. Additionally, the Economic Development Manager will act as Project Facilitator, to assist the applicant with all appropriate business support (financial assistance, technical assistance, job training, etc.) and to coordinate with the Processing Manager on a routine basis. Finally, the Assistant City Manager will act as the High Tech/Biotech Zone Ombudsman to provide City Manager Office oversight. The applicant will be made aware of the ombudsman as a source of readily accessible, top level support to call upon as needed. 5. Prepare Phase II Business Park Master EIR . In addition to the remaining parcels in Phase I of the Eastlake Business Park, there are an additional 102 acres (88 ac. net) which are designated in the Eastlake III General Development Plan for "industrial-research use." This area is directly to the east of the existing Eastlake Business Park Phase I, and will provide for a logical extension of the existing business park complex. . In conjunction with further development processing of Eastlake Business Park Phase II (Sectional Planning Area plan and Master Tentative Map), Eastlake and the City will prepare a "Master Environmental Impact Report, " in accordance with recent changes to the California Environmental Quality Act. Under these provisions, the City may prepare an environmental impact report which evaluates the environmental impacts of the business park as a whole. This document would include a comprehensive analysis of all the foreseeable environmental impacts associated with future development of the business park with high tech and biotech manufacturing uses. Using this approach, the future approvals for individual development projects within the business park could, after an Initial Study, be reasonably assured of having the City make findings regarding the adequacy of the master EIR, and obtaining a mitigated negative declaration for those projects, or preparing a Focused EIR, thereby allowing for expedited processing of any other discretionary approvals required for the project. ~_ WPC f:\home\commdev\bio.W /9 - 59 Page 31 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER 6. Guarantee A 60 Day Turn-Around Time ........ Through the creation of a City Council subcommittee which would have the planning authority normally held by the Planning Commission and Design Review Committee for designated projects, it is possible:to provide an expedited review process for discretionary planning, app.rovals for projects. This process could operate as follows: a) City staff works with project applicant to define scope of project and required approvals, and assist in preparation of project applications; City staff also notifies the City Council subcommittee of the potential project at that time; b) applicant and staff meet with Council subcommittee to review project proposal; subcommittee authorizes expedited processing (this activates the 60 day guarantee); c) applicant files environmental "initial study" application; d) staff processes applications for site plan and architectural review (and conditional use permit if required); EastIake Business Center property owner association also conducts its own design review process at this time; ........ e) City Council subcommittee hold a public hearing at which time it reviews and makes a recommendation on site plan and architectural review (and conditional use permit if required); f) City Council reviews and acts on all required project approvals. The critical path in this overall process is the environmental "initial study" and environmental determinations, which are subject to State-mandated processing requirements and public review periods under the California environmental Quality Act (CEQA). The minimum time necessary to complete the CEQA process is approximately 60 days, assuming that a negative declaration is issued (Le., that no significant environmental impacts requiring further study are identified). Therefore, if a negative declaration is issued, it would be possible to provide an application with all required discretionary planning approvals within a 60-day period, starting at the date that the City Council subcommittee authorizes expedited processing of the application. This expedited process would provide a project applicant which adequate assurances to obtain project financing within a 60-day period. -.. This 60 day period does not necessarily include plan check and building inspection which normally begin after all discretionary approvals are <- WPC f:\home\conundev\bio.txt 11-60 Page 32 CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER . . awarded. However, the applicant would have the option of beginning an expedited Building and Housing/Engineering plan check prior to award of discretionary approvals, and run to run concurrently with planning review for an overall 60 day turnaround time. I The City could also offer applicants the ability to request. and.:process a Development Agreement, which could provide longer-term guarantees of project approval, and could also incorporate other points of agreement between the applicant and the City, including expedited planning checking and inspection. The City may wish to consider preparation of a standardized development agreement which would provide certain assurances to qualified projects, and could be tied to a "performance schedule" which would set forth agreed upon timeframes and deadlines for both the City and the applicant to assure that the project can be completed within a mutually satisfactory period of time. Depending upon the complexity of issues to be addressed in a development agreement such an agreement could be prepared and processed by the City during the same initial 60 day review period in which other discretionary approvals are being processed. However. if the issues associated with a project require further negotiations a development agreement could be completed after the initial approvals are made. This type of incentive could be a significant advantage to a company attempting to secure financing for the project. 7. Develop Pennitting Agencies Coordination Strategy Two programs have been implemented since the inception of the Task Force which are proposed to be incorporated into the High TechlBiotech Incentive Program. These include: 1) The San Diego Economic Development Corporation's "One Stop Early Assistance Program", and 2) the San Diego Permit Assistance Center. The "One Stop Early Assistance Program" has just been activated after over a year of development, and the Permit Assistance Center was launched on March 10, 1994. . Staff has arranged with the SDEDC to utilize their "Early Assistance" program in the form of the Chula Vista High TechlBio Tech PresubmittaI Roundtable. The SDEDC has agreed to facilitate these presubmittaI meetings with all appropriate reviewing/permitting agencies, including City of Chula Vista Community Development, Planning, and Building and Housing Departments and Fire Marshall; Metropolitan Industrial Waste Program: County Environmental Health Services; Air Pollution Control District; State Department of Toxic Substances Control; and State Regional Water Quality Control Board. The purpose of this multi-agency presubmittaI roundtable will be to: 1) assess project feasibility by identifying critical permitting issues, requirements, and application regulations, and 2) minimize permit time by ensuring concurrent permit WPC f:\bome\commdev\bio.txt /9~ 61 Page 33 CITY OF CHULA VISTA HIGHTECHIBIOTECH ZONE ISSUE PAPER processing, and by assigning a contact at each agency to see the project through. """" In order to implement this program, staff within the listed deparments will need to accomplish the following: .. :.. 1) review the standard screening questionaire to identify any modifications to ensure its applicability to the City of Chula Vista (ie should any new questions be added? and modified or deleted?); 2) meet with the SDEDC to iron out any needed modifications in the existing form and/or process (designed for the City of San Diego); and 3) meet with SDEDC and the State and County representatives to refine the process prior to the first applicant roundtable meeting. It should be noted that the San Diego Permit Assistance Center is also accessible to Chula Vista businesses; where appropriate, staff will make this referral for preliminary information regarding multiple permit application forrns. We had discussed exploring the concept of a one stop permitting service coordinated by the City, similar to what the City of San Diego EDC is """" establishing. The agency representatives that I spoke with indicated that San Diego's program is in place and that they have committed to having staff from the appropriate permitting agencies available at a coordinated time each week to discuss permitting requirements with applicants. It may be beneficial for Chula Vista to participate in San Diego's program rather than to establish a separate one. Agencies involved would be the County Department of Health Services and their Hazardous Materials Management Division, the County Air Pollution Control District, Regional Water Quality Control Board (Storm Water Pollution and Prevention Plan), and the City of San Diego (Industrial Waste Pre-Treatment Program) B. GUARANTEE UNINTERRUPTED WATER SUPPLIES As discussed in Section II.C. above, the biotech community has identified the need for a guaranteed uninterrupted supply of water as a high priority. Eastlake Development Company has indicated that due to their unique resources they will make this guarantee to qualifying Business Park tenants. Eastlake is currently evaluating optional approaches to meet this guarantee; however, the commitment has been made and Eastlake indicates that the precise methodology and the implementation timeframe are forthcoming. (It should be noted that this water supply guarantee is intended to address the potential shortages in times of drought; it clearly could not apply to a situation in which serious physical damage to water supply infrastructure occurred (such as in the case of an earthquake). -.. WPC f:\home\commdev\bio.txt !t( - 62 Page 34 CITY OF CHULA VISTA HIGHTECH/BIOTECH ZONE ISSUE PAPER . C. PROVIDE SHARED FACILITIES The Task Force has identified the potential for the' development of shared laboratory/administrative, Pilot Manufacturing, and/or Full Manufacturing facilities. The design of biotech facilities is a new phenomenon that creates challenges for the biotech user, developer, and investQr; Typically, R & D/administrative can be of a fairly generic design. Pilot Manufacturing entails numerous types of shared infrastructure (eg utilities - deionized water, sewage systems; building security; staff). Full manufacturing, on the other hand, is typically a more single purpose facility, with unique tenant improvements. However, there is a movement to make these facilities more standardized (to lessen the investor's risk). Potentially creative approaches appear feasible through the use of shared facilities which can reduce the cost to the company, address concerns of the lender/investor, and produce a synergism and "clustering" of industry types that can act as a catalyst to further development in the area. . The Task Force has estimated a current demand of 200,000 sq.ft. of R & D and Pilot Manufacturing space just from San Diego firms (averaging approximately 50-70,000 sq. ft.l $10 - $30 mil each) (Note: There are only two full manufacturing plants in San Diego now - Hybritech and Kelco) The Task Force has determined to specifically evaluate the feasibility of a shared Pilot Manufacturing facility. This facility would address the needs of a pharmaceutical company entering into Phases I and II of Clinical Trials. Typically, a company entering these phases must buy or build a faciity for just a short-term (1 year or less) basis, ilnd then finance a second facility for full manufacturing. A shared facility could be leased out to companies in clinical trials for a limited period, this saving them significant time and money, by eliminating the need for the user to get into the real estate development field and to finance a temporary facility. Council has authorized the hiring of a consultant to undertake a feasibility study to assess the potential of Chula Vista facilitating a shared pilot plant within the HT/BT Zone. This cost of this study is being shared by the City and Eastlake. If the study's results are positive, a business plan would need to be developed and a sponsoring entity identified. Note that only two other shared Pilot Manufacturing models have been identified, and only one within the United States. These are the Alberta (Canada) Research Council and the Worchesire, Mass. programs. D. FINANCIAL INCENTIVES . Several types of frnancial incentives have been evaluated. Two key areas have been identified for action: 1) negotiations with Eastlake regarding donated or discounted land for contibution to the program to offer as incentives to targeted firms, and 2) application to HUD for the Section 108 Loan/Loan Guarantee program. These are described below: WPC f:\home\conundev\bio.txt /9'- ~ 9 Page 35 "~I ;.... CITY OF CHULA VISTA r HIGHTECHIBIOTECH ZONE ISSUE PAPER 1) Negotiations with Eastlake ~ In order for the city to be able to offer discounted property to targeted companies to encourage quality job generation and the diversification of the city's industrial and tax base, staff is evaluating possible approaches to a revised and extended Development Agreement with ~tWce which would result in the contribution of property to be used for economic development and public purposes within the context of theHTIBT program. If successful, this property would be used as an incentive to support the proposed shared Pilot Manufacturing facility, to encourage the development of full biotech manufacturing facilities, and/or to encourage desired high tech manufacturing facilities. Concurrently, staff is examining the potential for refunding and possibly providing credit enhancement for Eastlake community Assessment District Bonds, which would result in cost savings to residents as well as commerciallindustrial property owners. Staff is also evaluating the potential for fee waivers, or more likely, deferrals, which could provide development incentives while not having a negative impact upon current improvement schedules. 2) Housing and Urban Development (HUD) Section 108 Loan/Loan Guarantee Program ...... Per Council's request, staff has undertaken an initial analysis of the feasibility of applying to HUD for the Section 108 program. Preliminary findings are that this program could provide a meaningful tool for providing direct lending (gap financing), or more probably, guarantees for private financing - for targeted firms in the HTIBT Zone (see Issue Paper, Attachment A) Therefore, staff will be recommending to Council that a consultant be hired to negotiate with HUD and to prepare the necessary application. Under this program, the city could theoretically guarantee up to $8 million in private financing for an industrial project which meets the HUD criteria of generating qualifying jobs, as described in the HUn Section 108 Loan Program Issue Paper. .-, ~ WPC f:\horoe\commdev\bio.txt / q - /,~ Page 36 COUNCIL AGENDA STATEMENT Item Meeting Date ':<0 5/24/94 TITLE: REPORT Update of Solid Waste Issues and Consideration of San Diego solid Waste Management Authority (SDSWMA) Joint Powers Agreement SUBMITTED BY: Deputy City Manager KremPlbV Principal Manag~m Assistant snYder~ REVIEWED BY: city Manage~ ':!/l (4/5ths Vote: Yes_ NO-1L) On 8/27/93, the City joined t e Interim Solid Waste commission which had been created in June 1993 for the purpose of determining an appropriate form of permanent governance for the County's solid waste system. The Commission is empowered as an advisory body to the County Board of Supervisors only through 5/31/94. During this past year, Chula vista City Council representatives have participated in the work of the Commission. The end-product of that collaborative process is the Joint Powers Agreement (Agreement) for a new San Diego Solid Waste Management Authority (SDSWMA) which is transmitted for consideration by the entire Council via this report. Concurrently with Council's participation on the Commission, the City initiated an RFP process for alternatives to the County's solid waste system. This action was intended to significantly enhance the Council's decision-making abilities by providing an expanded awareness of costs and actual potential for comparative services outside of the County's system. On 5/10/94, Council deferred action on the proposals so that the city's options could be discussed along with consideration of the proposed Agreement for the County's system. This report will summarize the provisions of the proposed Agreement and highlight staff concerns. The recommended alternative to the proposed JPA is addressed in a separate but related report for this 5/24/94 meeting. RECOMMENDATION: To not sign the Agreement at this time but remain a user of the system by negotiating a non-member agency contract. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The SDSWMA Joint Powers Aqreement The Agreement provides one option for the City'S consideration, i.e. staying in the County system as an owner of the system through a JPA. The document was developed with input by elected officials, 'dD-f It \ -~- page 2, Item ~C Meeting Date 5/24/94 management staff, and attorneys from the cities and the County. (The city of San Diego was an observer and ex-officio member of the Commission.) The Agreement was prepared by independent legal counsel to the Commission. For simplicity's sake, the Agreement and some related documents are presented together as Attachment A to this report. For clarification, the attachment actually consists of four distinct items: o An Executive Summary (annotated with appropriate page numbers) o SDSWMA Joint Powers Agreement dated 5/2/94 o Specific Revisions From Legal Counsel (resulting from Commission meeting on 4/28/94)- These should be considered "change pages" to the Agreement but are set apart at this time for clarity o A Draft Resolution Staff Concerns Reaardina the Aareement During the development of the Agreement, staff and the city's Commissioner raised a number of questions and requested language be included in certain areas of the document in progress. While some issues were addressed, most of them were not. In particular, there are five areas of concern which were still unresolved in the final document. This report includes brief comments on the five issues. In addition, the city Attorney has addressed some of the more critical issues under separate cover. 1) Contractina with other Entities (Section VIII, page 9) This clause deals with non-member agency contracts. The City proposed additional language regarding guidelines for negotiated contracts, such as price equity among non-member contracts for similar contract terms, etc. The Commission declined to include this language, preferring a general clause which only reserves their right to negotiate contracts with other entities. 2) Transition of Countv Assets. Obliaations and Liabilities (Section XIII, revised page 13) The City has repeatedly expressed concerns over liability issues to be incurred by members assuming the assets, obligations and liabilities of this system. Of particular concern is the possibility of exposure of the member agencies' dO -d- page 3, Item Meeting Date c9D 5/24/94 General Funds, outside of the CERCLA responsibility that currently exists. Additionally, staff feels the City has not yet received satisfactory disclosure on the status of the County's liabilities and pending litigation. Finally, City membership in SDSWMA would include responsibility for the NCRRA facility. As Council has previously discussed, this facility is a major financial drain on the entire system. Extrication from this responsibility would require paying off the original construction cost, debt service costs, and other costs to the owner/operator. If the plant stays open, the current operating terms are unfavorable and expensive to the system. There are stiff penalties if minimum target waste deliveries to the facility are not met. 3) Wastestream Commitment (Section XV, revised page 17) This is the section dealing with "flow control." Throughout discussions over the past few years, concerns have been expressed by this City and others about the legality of flow control. In addition, this clause lays out the possible enforcement situations the City might have to undertake in order to meet the terms of the wastestream commitment. It is of particular concern that the Agreement would require the city to take over collection of the municipal trash, if necessary to properly direct the flow. The likelihood of this occurrence is not the main point of discussion, but, rather, the binding nature of such undesirable terms. Also, the commitment eventually Agreement has no fixed term, so wastestream to SDSWMA is permanent unless a member agency can afford to withdraw. 4) Indemnification (Section XVII, page 19) The overall issue in this section is regarding the ability of SDSWMA to extend indemnification which would provide the level of protection the City desires. There are unknowns and risks regarding protection of member agencies. The language included in the proposed document is probably the best that could be drafted, but it cannot remove the uncertainties and risks. The City Attorney has commented on this issue in greater detail. 5) withdrawal of Parties (Section XIX, page 21) The withdrawal provisions are complicated and potentially difficult. The Agreement does not clarify what happens to "freed up" capacity created when a jurisdiction leaves the .Qo-3 05/02/94 Attach. A SAN DIEGO SOLID WASTE MANAGEMENT AUlHORITY JOINT POWERS AGREEMENf EXECUTIVE SUMMARY CREATES A SOLID WASTE JOINT POWERS AUTHORITY COMPOSED OF ALL OF THE SIGNATORY CITIES AND THE COUNTY FOR THE PURPOSE OF MANAGING THE SOLID WASTE SYSTEM IN THE MOST ENVIRONMENTALLY SOUND AND ECONOMICAL FASHION POSSIBLE WITH THE FOLLOWING POWERS:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 5 DETERMINES FUTURE FACILITY NEEDS DETER..'vf:INES CAPITAL IMPROVEMENT PLAN AND FINANCING PLAN DETERMINES ANNUAL BUDGET AND TIP FEE DETERMINES WHAT CONTRACTS TO WRITE WITH OTHER ENllnES DETERMINES THE APPROPRIATE METHODOLOGY FOR DISPOSAL: LANDFILL OR OUT-OF-COUNTY DISPOSAL DEVELOPS BY-LAWS FOR THE ADMINISTRATION AND MANAGEMENT OF THE SDSWMA ADDITIONAL KEY COMPONENfS: ESTABLISHES A ONE VOTE/ONE ENTITY SYSTEM WITH A WEIGHTED VOTE BASED ON POPULATION.................................... ..Page 10 COMMISSION MEMBERS SHALL BE A MEMBER OF THE LEGISLATIVE BODY OF THE PARTY TO THE AGREEMENT AND WILL BE COMPENSATED FOR THEIR SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 ALL ASSETS, LIABILITIES AND OBLIGATIONS OF THE SYSTEM WILL BE TRANSFERRED TO THE SDSWMA OVER A TRANsmON PERIO~ . . . . Page 13 ALL SOLID WASTE IS COMMITTED TO THE SDSWMA (EXCEPT RECYCLABLES)...................................................... Page 17 LIMITS DEBTS, LIABILITIES, AND OBLIGATIONS OF THE SDSWMA TO THE SDSWMA ALONE AND NOT TO THE INDIVIDUAL PARTIES. . . . . . . . . . Page 18 COMMITS SDSWMA TO PROVIDING SOLID WASTE SERVICES FOR THE PARTIES TO THE AGREEMENT. 00...00.00.00..00.....00.00..00.... 00 Page 11 PROVIDES FOR WITHDRAWAL PROCEDURES FROM THE SDSWMt\ . Page 21 ;Lo ...$' Page 4, Item Meeting Date ~c 5/24/94 system, the rates that existing member agencies pay when this occurs, and whether or not the departing entity receives any credit for having extended the life of the landfill system. In addition, the possibility exists that the withdrawing agency will be charged a share of "future" system liabilities at the point of departure. If bonds have been issued by SDSWMA (which is a likely scenario), those obligations will also need to be met by the withdrawing party. Uodates on Issues Imoactina Svstem Costs of SDSWMA ootion staff will orally present an update at this meeting regarding the status of certain issues and events which are likely to affect the County system costs, including: o CUP for San Marcos Landfill o Actions taken by other cities on the proposed SDSWMA o Latest action by the Interim Commission at its meeting on 5/19/94 Conclusions and Recommendations In conclusion, a combination of factors point in the direction of not joining SDSWMA at this time. These factors include all the uncertainties that have been previously discussed, unknown contract terms for a non-member agency, onerous language contained in parts of the Agreement, concerns about liability and withdrawal, and lack of predictability and stability in the system's budget (tip fee) beyond a year or two. As discussed in the recommendation for the companion report on the transfer station alternative, staff suggests that the action to not ;oin SDSWMA at this time be revisited after a transfer station has been Dermitted but Drior to beainnina construction. FISCAL IMPACT: Although it is certain that County system tip fees will increase in the near future, it is unclear what, if any, fiscal consequence the City will incur strictly as a result of not joining the proposed SDSWMA at this time. There is also the possibili ty, under the terms of the Agreement, that any Joint Powers Authority formed could decide to disband within the first 30 days. A more elaborate discussion on the possible impact of a range of tip fees on the single-family household monthly rate is included in the companion report on the recommended alternative. ;~:D-I.f /20-6 FINAL: 05/02/94 SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT (SDSWMA) THIS AGREEMENT is made and entered into by and among the CITIES OF CARLSBAD, CHULA VISTA, CORONADO, DEL MAR, EL CAJON, ENCINITAS, ESCONDIDO, IMPERIAL BEACH, LA MESA, LEMON GROVE, NATIONAL CITY, OCEANSIDE, POW A Y, SAN MARCOS, SANTEE, SOLANA BEACH, VISTA AND THE COUNTY OF SAN DIEGO, which are local governments in San Diego County, California (acting through their respective legislative bodies and collectively referenced herein as the "PARTIES"). d-O-1 INDEX PAGE I. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 II. FORMATION ........................................ 3 III. POLICIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 IV. PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 V. POWER AND AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 VI. BYLAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 VII. ORGANIZATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 VIII. CONTRACTING WITH OTHER ENTITIES ..................... 9 IX. MEETINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 X. VOTE ............................................ 10 XI. DEBTS AND OBliGATIONS OF PARTIES .................... 10 XII. ASSETS AND OBliGATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 1. Successor In Interest ................................. 11 2. Accounts and Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 3. Solid Waste System Costs .............................. 11 4. Rates, Fees and Charges .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 5. Solid Waste System Services ............................ 11 6. Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 XIII. TRANsmON OF COUNTY ASSETS, OBliGATIONS AND LIABIUTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . .. 13 1. Transition Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 2. Transition Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 3. Failure of Consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 4. Transition Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 5. County as Agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 6. County Services ....................................' 16 XIV. FAILURE OF TRANSmON . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 dO-~ PAGE XV. WASTESTREAM COMMITMENT ......................... 17 XVI. LIMITATION OF LlABIUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 XVII. INDEMNIFICATION OF MEMBER PARTIES. . . . . . . . . . . . . . . . . .. 19 XVIII. IMMUNITy........................................ 20 XIX. WITHDRAWAL OF PARTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 21 xx. ADDmONAL PARTIES ................................ 24 XXI. STAFF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 XXII. ACCOUNTING, INVESTMENT, FINANCIAL, PERSONNEL AND OTHER PROFESSIONAL SERVICES ........................ 24 XXIII. ACCOUNTABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 XXIV. DISSOLUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 24 XXV. INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 XXVI. BREACH ..........................................25 XXVII. SEVERABILITY...................................... 25 XXVIII. NOTICES.......................................... 26 XXIX. DUPliCATE ORIGINALS ............................... 26 XXX. APPLICABLE LAW ................................... 26 XXXI. COUNTERPARTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 XXXII. AMENDMENTS...................................... 26 dO - '1 SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT (SDSWMA) THIS AGREEMENT is made and entered into by and among the CITIES OF CARLSBAD, CHULA VISTA, CORONADO, DEL MAR, EL CAJON, ENCINITAS, ESCONDIDO, IMPERIAL BEACH, LA MESA, LEMON GROVE, NATIONAL CITY, OCEANSIDE, POWAY, SAN MARCOS, SANTEE, SOLANA BEACH, VISTA AND THE COUNTY OF SAN DIEGO, or any two or more of them, which are local governments in San Diego County, California (acting through their respective legislative bodies and collectively referenced herein as the "PARTIES"). WITNESSETH: WHEREAS, the PARTIES to this Agreement are "public agencies" as this term is defmed in Section 6500 of the Government Code of the State of California; WHEREAS, pursuant to California Government Code A6500 a mi.. (the "Joint Exercise of Powers Act"), the PARTIES may jointly exercise any power common to them as contracting parties; WHEREAS, each of the PARTIES hereto has the power to site, develop, construct, maintain, operate, lease and/or contract for disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other facilities and services used for the collection, transfer, management and disposal of garbage, trash and rubbish generated within the territorial boundaries of each of the PARTIES; WHEREAS, each of the PARTIES must comply with applicable federal, state and local laws and regulations governing solid waste, such as the California Integrated Waste Management Act of 1989, as may be amended from time to time (the" Act"); and the Resource Conservation and Recovery Act of 1976 ("RCRA "); WHEREAS, the PARTIEs find that it will be to their mutual advantage and benefit to reasonably work together to meet the goals of: (i) siting, developing, constructing, maintaining, operating, leasing and/or contracting for disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other facilities and services, (ii) best practical collection, transfer, management and disposal of garbage, trash and rubbish, and (iii) compliance with applicable federal, state and local laws and regulations governing solid waste; including but not limited to the Act; WHEREAS, the Act requires that each of the PARTIES to prepare a Source Reduction and Recycling Plan, which includes a landfill siting element; WHEREAS, it is the desire of the PARTIES to use any power that they have in common as reasonably necessary and appropriate to aid in the accomplishment of these goals; and ;)/)-10 WHEREAS, the PARTIES desire, by means of this Agreement, to establish a separate agency and procedure to accomplish these goals. NOW THEREFORE, based upon the mutual promises contained herein, the PARTIES hereby agree as follows: ~ For the purposes of this Joint Powers Agreement forming the SAN DIEGO SOUD WASTE MANAGEMENT AUTHORITY, the following terms shall have the following meanings: 1. "Act" shall mean the California Integrated Waste Management Act of 1989, as may be amended from time to time. 2. "Assets" shall mean the County Solid Waste Enterprise Fund and the active landfill sites and other real property and personal property of the County Solid Waste Division existing on the Effective Date hereof, as otherwise listed on Exhibit" A" to this Agreement and incorporated herein by this reference. "At the election of SDSWMA, the term "Assets" may also include other items of the County's solid waste system, including but not limited to leases, easements, licenses, conditional use permits and other documented land use approvals or restrictions, debt instruments, security instruments, warranties and guarantees, persoMel and labor contracts, hauler agreements, environmental permits and regulatory approvals (such as federal, state, regional or local air quality permits, NPDES permits, waste discharge permits, health department permits, EPA documents, State Integrated Waste Management Board approvals or documents, OSHA Permits, Business Plans and other Health and Safety Plans). 3. "County" shall mean the County of San Diego, California acting by and through the Board of Supervisors. 4. "Commission" shall mean the governing board of SDSWMA organized in accordance with the provisions of this Agreement. 5. "Financial Obligations" shall mean the instruments of financial obligation, including but not limited to loans, guarantees, secured instruments, bonds, mortgages or other financial obligations becoming due or payable from SDSWMA. 6. "Liabilities" shall mean the lawsuits and other claims listed on Exhibit "B" to this Agreement, which are incorporated herein by this reference. 7. "Obligations" shall mean the contracts and other obligations listed on Exhibit "C" to this Agreement, including but not limited to inactive landfill sites, which are incorporated herein by this reference. 2 ;).0 -1/ 8. "PARTIES" shall mean the Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Marcos, Santee, Solana Beach, Vista, the County of San Diego and such other local governing entities as may be approved for membership in SDSWMA pursuant to the terms and conditions hereof. The term "PARTY" shall mean any member of SDSWMA as an individual entity. 9. "SDSWMA" shall mean the San Diego Solid Waste Management Authority as duly formed and authorized by this Agreement. 10. "SDSWMA. Bylaws" shall mean the rules, regulations and requirements for the conduct of the business of SDSWMA as prepared by the Executive Committee and approved by the Commission. 11. "Solid Waste System" shall mean the facilities and services provided by SDSWMA to the PARTIES for the collection, transfer, management and disposal of the type of garbage, trash and rubbish accepted at Class ill landfills, including but not limited to: disposal sites, sanitary landfills, resource recovery facilities, transfer stations, inactive disposal sites and other facilities and services. . . II. FORMATIO~ As of June I, 1994 (the "Effective Date"), there is hereby created by the PARTIES the Joint Powers Authority to be known as SDSWMA, which is formed and organized pursuant to California Government Code G6500 ~~. SDSWMA is a public entity separate and distinct from the PARTIES. The PARTIES to this Agreement, shall have a full, unfettered right to dissolve SDSWMA during the thirty (30) day period immediately following the Effective Date ("Early Termination"). Notwithstanding this Section X hereinbelow, with respect to a vote of the PARTIES to exercise the Early Termination option, one PARTY may call for a weighted vote, and there shall then be a total of 100 votes distributed among the PARTIES in accordance with the population of the represented PARTY as established annually by the State Department of Finance; provided however, that no PARTY shall be allocated more than 50 votes and there shall be no fractional vote. If Early Termination occurs, this Agreement shall be void and of no further force and effect; each PARTY shall return in all respects to the position of a nonmember of SDSWMA as if never having executed this Agreement, and SDSWMA shall cease to exist. 3 .')b --j.:J.. ID. POLICIES SDSWMA shall carry out its purposes and exercise its powers and authority in accordance with the following statements of public policy: 1. SDSWMA shall promote economic efficiency in the management and handling of the Solid Waste System; 2. The Commissioners, Officers and employees of SDSWMA shall maintain an attitude of public service in the carrying forth of all of their assigned and assumed duties; 3. SDSWMA shall manage the Solid Waste System utilizing the best environmental protections reasonably achievable as a matter of sound fiscal policy; 4. The PARTIES of SDSWMA shall approach the Solid Waste System as a matter of regionJll concern; 5. The Commissioners and Officers of SDSWMA shall endeavor to adopt the best regional approach for management of the Solid Waste System; 6. SDSWMA shall operate the Solid Waste System in a fiscally sound manner utilizing the resources of its PARTIES, which shall be collected only through fees, rates and charges for use of the Solid Waste System. 7. SDSWMA shall provide protection to the PARTIES and hold each of them harmless from liabilities arising from the management and operation of the Solid Waste System. IV. PURPOSE The purposes of SDSWMA shall be: 1. Operation of the Solid Waste System in the most practicable way; 2. Compliance with applicable federal, state and local laws and regulations governing the Solid Waste System, including but not limited to the Act; 3. Preparation, implementation and revision of a SDSWMA solid waste management plan which meets the requirements of the Act; 4. Exercise of all other appropriate powers reasonably necessary to carry out the policies and purposes of this Agreement. 4 ;)l> _/~ v. POWER AND AUTHQ,lUIT SDSWMA shall have any and all powers authorized by law and common to all of the PARTIES hereto, and separately to the Agency herein created, as reasonable and necessary to: 1. Acquire, site, license, develop, construct, finance, maintain, operate, lease and/or contract for solid waste disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other facilities and services; 2. Collect, transfer, manage, dispose, recycle, reduce, and otherwise alter the garbage, trash and rubbish brought into the Solid Waste System; 3. Prepare solid waste management plans meeting the requirements of the Act; 4. Comply with applicable federal, state and local laws and regulations governing the Solid Waste System; - 5. Sue and be sued,in its own name; 6. Make and enter into contracts; 7. Make and enter into agreements for the creation of separate public entities and agencies pursuant to the Joint Powers Act; 8. Secure agents and employees by contract or at will; 9. .Acquire, construct, maintain, operate, sell, exchange and/or otherwise transfer real property, such as land, buildings and other works of improvement; 10. Acquire, maintain, operate, sell, exchange and/or otherwise transfer personal property such as vehicles, equipment, and furniture; 11. Establish a budget and authorize expenditures therefrom; 12. Incur and discharge debts, liabilities and obligations, such as Financial Obligations; 13. Hold accounts, security interests, real and intangible assets; 14. Manage public funds and make investments; 15. Make and receive gifts, contributions and donations of real and personal property and funds; 5 .J,c,lr 16. Cooperate and provide other forms of assistance, and accept the same from persons, finns, corporations and other governmental entities; . 17. Cause to be prepared plans and studies related to solid waste management; 18. Plan for closure and post-closure of landfills, including such financial assurance as may be required by law; 19. Except as otherwise provided herein, seek reimbursement of the costs of remediating any site from any entity or person legally responsible for such costs; 20. Prepare and support legislation related to solid waste issues; 21. Make application for, accept and manage grants; 22. Establish ordinances, requirements, and regulations applicable to the proper functioning of the Solid Waste System and create such penalties, fines and methOds of enforcement as shall be allowable by law for the carrying out of such ordinances, requirements and regulations; 23. Acquire, contract for and utilize professional consultants and such new technologies as are consistent with prudent solid waste management practices; 24. Undertake all tasks and do any and all things necessary or convenient to provide for landfill sites and for the disposal of garbage, rubbish and refuse. 25. SDSWMA shall have the power and authority to become a redevelopment agency, with all of the additional powers then authorized by law, and SDSWMA may prepare, adopt and implement a redevelopment plan for any project area, or project areas, designated by SDSWMA. SDSWMA shall meet the following conditions precedent to the designation of any project area, or project areas for redevelopment: (a) SDSWMA shall find that the project is necessary for the effective. redevelopment of any of the land areas owned or otherwise managed and controlled by SDSWMA; (b) The project shall be approved by SDSWMA by action oftwo-thirds of the PARTIES; (c) The project shall be approved by a majority vote of the legislative body of any of the PARTIES whose jurisdictional boundaries are included in any proposed project area; 6 -9l> -IS (d) All legal conditions necessary to SDSWMA's status as a public agency with authority for adoption of a redevelopment plan shall be satisfied by SDSWMA. Additionally, without limiting the foregoing generality, SDSWMA may: 26. Acquire and dispose of all kinds of property and utilize the power of eminent domain, except that the power of eminent domain may not be exercised within the territorial limits of any PARTY without the consent of said PARTY; 27. Issue or cause to be issued bonds, notes, refunding and other indebtedness, and pledge any property or revenue as security to the extent permitted by law (including, but not limited to Government Code G 6500 m ~.) or otherwise, including but not limited to bonds, or other evidences of indebtedness of a nonprofit corporation issued on behalf of SDSWMA or any of its PARTIES; 28. Obtain in its own name all necessary permits and licenses, opinions and rulings; 29. Impose rates, fees and charges; 30. Whenever necessary to facilitate the exercise of its powers, form and administer nonprofit corporations to do any part of what SDSWMA could do, or to perform any proper corporate function, and enter into agreements with such a corporation; and 31. Take all actions necessary to comply with the terms, conditions and requirements of this Agreement and all Financial Obligations. VI. BYLAWS The Commission shall adopt and amend from time to time the SDSWMA Bylaws for the administration and management of SDSWMA. The SDSWMA Bylaws shall carry out this Agreement, including but not limited to: 1. Each Commissioner shall receive compensation in an amount established in the SDSWMA Bylaws. Compensation shall be per day for each day of attendance at meetings of the Commission or for each day of service rendered as a Commissioner by request of SDSWMA, together with any expenses incurred in the performance of his or her duties as required or authorized by the Commission; 2. The manner in which SDSWMA shall exercise its powers and perform its duties shall be established by the Executive Committee, approved by the Commission and set forth in the SDSWMA Bylaws; 7 eJo-llc 3. The duties, functions, requirements, delegated powers and terms of service of the chairman, vice-chairman, secretary, treasurer, controller and other officers, the Executive Committee and other established committees, the General Manager and General Counsel shall comply with all applicable laws and shall be as set forth in the SDSWMA Bylaws; and 4. As required by the Joint Powers Act, the SDSWMA Bylaws shall set forth the officers and other persons who shall have charge of or access to any property of SDSWMA and shall require such persons to file official bonds in an amount set forth in the SDSWMA Bylaws. vn. ORGANIZATION" SDSWMA shall be governed by a commission composed of one elected member of the legislative body of each of the signatory PARTIES. The Commission shall be the administering agency for this Joint Powers Agreement, and, as such, shall be vested with the powers set forth in this Agreement, and shall execute_ and administer this Agreement in accordance with the purposes and functions provided herem. 1. As required by law, a PARTY's representative to the Commission shall be appointed in accordance with the respective PARTY's appointing procedures, and the appointed representative shall serve at the will of the represented PARTY. 2. Each Commissioner shall be vested with the authority to vote on behalf of their respective PARTIES. The Commissioner of each of the PARTIES shall be empowered by their appointing resolution, proclamation or letter as the representative of the PARTY and shall participate by affirmation, rejection or abstention in the business of SDSWMA before the Commission. Subject to Section X hereinbelow, the decisions of the Commission shall bind each of the PARTIES. 3. The PARTIES shall designate one or more alternates. The alternate shall be an elected member of the legislative body of the PARTY and shall be empowered to vote in the place of the appointed Commissioner in hislher absence. The alternate shall serve at the will of the appointing PARTY and shall be selected, approved and empowered to act as set forth in Paragraphs I and 2 hereinabove. 4. The Commissioners shall: (a) Elect a chairman, and a vice-chairman, and appoint a secretary, and such other officers as the Commission shall find appropriate. The secretary may, at the discretion of the Commission, be a person who is not an elected representative of the legislative body of any PARTY; however, if the secretary is not an elected representative of the legislative 8 d~j7 body of any PARTY, then the secretary may not vote on any matter before the Commission. The chairman, vice-chairman, secretary and other officers shall serve the Commission at its pleasure for such term as may be provided by the SDSWMA Bylaws. (b) Establish an Executive Committee, and such other committees as they shall find appropriate. The Executive Committee shall make policy recommendations to the Commission and may exercise any other power of the Commission delegated to it by the SDSWMA Bylaws. The Executive Committee shall be composed of Commissioners representing P ARTlES of geographic diversity within the County of San Diego. (c) Provide general directives for the work of additional committees. 5. Chairman. The Chairman of SDSWMA shall preside at all meetings of the Commission and perform such other duties as the Commission shall instruct or the SDSWMA Bylaws may require. The duties of the Vice- Chairman shall. '?e the usual and customary duties of such office. 6. Treasurer and Controller. The Commission shall establish the Offices of the Treasurer and Controller or may contract with one of the PARTIES to perform these functions. The Treasurer or the contracting PARTY shall be the depository of and have custody of the money of SDSWMA and shall otherwise comply with the requirements of California Government Code ~6505.5, as the same may be amended from time to time. The Controller shall comply with the requirements of California Government Code ~6505, as the same may be amended from time to time. 7. General Manager. The Commission shall appoint a General Manager. 8. General Counsel. The Commission shall appoint legal counsel. VIII. CONTRACTING wrm OTJ1t;.t! ENlTnJJ;S SDSWMA reserves the right to contract with government entities that are not PARTIES to this Agreement to promote the objectives and purposes of SDSWMA upon such terms and conditions mutually agreed upon by SDSWMA and the non-member. lX. MEETINGS SDSWMA shall conduct all regular and special meetings in accordance with the requirements of the Ralph M. Brown Act, California Government Code Section 54950 a ~., as the same may be amended from time to time, or in accordance with such other regulations as the State legislature may hereinafter provide. 9 d./)~I? X. VOTE Except as may be otherwise set forth herein, SDSWMA shall utilize the following voting structure: 1. The method of voting for the Commission shall be one PARTY lone vote (the "Primary Vote"); however, in the event dispute resolution is required by a request of any three of the PARTIFS, the weighted vote hereinbelow described shall be implemented. 2. Upon a call by any three of the P ARTIFS for a weighted vote, there shall be a total of 100 votes distributed among the Commissioners in accordance with the population of the represented PARTY as established annually by the State Department of Finance; provided however, that no PARTY shall be allocated more than 40 votes and there shall be no fractional vote. The Commissioner must cast the total number of votes allowed by voting the whole number of votes. -. 3. When a weighted vote is taken, the vote of at least one-third of the PARTIFS, representing not less than fifty-one percent (51 %) of the total weighted vote, shall be required to supersede the Primary Vote. If the weighted vote fails, the action shall be determined by the Primary Vote. 4. Notwithstanding the above, in no event shall the weighted vote be utilized in the selection process for appointment of the Chairman, Vice-Chairman, General Manager, General Counsel, Controller, Treasurer, or any other officer of the Commission. 5. Notwithstanding the above, with respect to any vote of the Commission taken with respect to bond financing, bond refinancing, bond refunding, or any other matter related to bond obligations, a vote of at least one-half of the P ARTIFS plus one additional PARTY and representing fifty-one percent (51 %) of the total population of the then represented PARTIFS (as established annually by the State Department of Finance) shall be required to approve such matters. None of the debts, liabilities or obligations of SDSWMA shall be the debts, liabilities or obligations of the PARTIFS of SDSWMA unless assumed in a particular case by resolution of the legislative body of the PARTY to be charged. Notwithstanding the above, as-maybe allowed by law, any PARTY of SDSWMA may agree to undertake Financial Obligations on behalf of SDSWMA pursuant to separate agreement negotiated for the purpose of acquiring funding for the Solid Waste System. 10 ~t? t9 Nothing in this Agreement shall create any rights in any third party, nor shall this Agreement waive any rights under law otherwise available to SDSWMA or any PARTY, except as explicitly provided herein. 1. Successor In Interest. SDSWMA shall be the successor in interest to the Solid Waste System and the County's Solid Waste Enterprise Fund. 2. Accounts and Funds. SDSWMA shall establish such accounts or funds as may be appropriate to the management, operation, financing and support of the Solid Waste System. The deposits of the PARTIES to the accounts or funds shall be accumulated in.3- manner customary and lawful for the support of solid waste enterprises' by local authorities. 3. Solid Waste System Costs. SDSWMA shall utilize such other financing methods as may be appropriate to assure the reasonable management, operation, financifig and support of the Solid Waste System, including but not limited to uniform tip fees, closed facilities fees, trash collection fees, recycling and reuse fees. 4. Rates. Fees and Char2es. (a) SDSWMA shall impose and collect rates, fees and charges for the use of facilities and the provision of the services of the Solid Waste System. . (b) SDSWMA covenants that all rates, fees and charges shall be imposed, charged and revised from time to time so that the revenues of SDSWMA, together with other funds or projected funds of properly allocable to SDSWMA, will be sufficient to satisfy the debts and Financial Obligations of SDSWMA, and all costs related to the Obligations and Liabilities, if any, when the same are due and payable. 5. Solid Waste System Services. (a) SDSWMA shall neither furnish nor supply (nor cause to be furnished or supplied) any use of facilities or services free of charge to any person, firm corporation or governmental entity that, together with any other such free service or use, would cause SDSWMA to violate the 11 ;)::J.~ covenants of this Agreement. SDSWMA shall,consistent with prudent solid waste management practices, enforce the payment of any and all amounts then due and owing to it for use of facilities or services provided within the Solid Waste System. (b) SDSWMA shall continue to provide or cause to be provided the services and facilities of the Solid Waste System for the management and handling of all garbage, rubbish and waste generated by the PARTIES (the "Service Covenant"). Notwithstanding this Subparagraph 5(b), SDSWMA may discontinue the provision of serviceS hereunder within the jurisdictional boundary of any PARTY, upon the request of that PARTY, if the requesting PARTY otherwise provides the service or facility; however, such request for the discontinuance of services shall in no way relieve the PARTY of the terms, conditions and obligations of this Agreement for which it may otherwise be responsible. In no event shall the decision of the Commission to approve a PARTY'S request to provide services within its jurisdiction alter that PARTY'S wastestream commitment under Section XV below. (c) SDSWMA shall take such actions as are necessary to the proper execution of the Service Covenant, including, but not limited to the diligent exercise of the policies, purposes, powers and authorities as specified in this Agreement. (d) Nothing contained in this Agreement shall be deemed to prohibit or preclude SDSWMA from providing management and handling of garbage, rubbish and solid waste generated outside of the jurisdiction of the PARTIES, nor is SDSWMA precluded in any respect from disposing of garbage, rubbish and solid waste at disposal facilities or by other means, which may be physically located outside the County of San Diego; provided, however, that in no event shall SDSWMA provide such solid waste management and handling services where the same would have an adverse effect on SDSWMA's ability to meet its obligations related to the Service Covenant, Financial Obligations or any other covenant undertaken pursuant to this Agreement. . (e) Notwithstanding Subparagraph 5(a) hereinabove.. SDSWMA may furnish such public service programs to both PARTIES and non-member cities and other regions as shall be determined by the Commission to be beneficial to the Solid Waste System, including, but not limited to household hazardous waste collection programs, used motor oil collection and recycling programs, and household materials recycling and reuse education programs. 12 dD-~ 6. Awfit. At least once annually SDSWMA shall cause to be prepared a written audit for the review of items of accounting (the "Rate Audit"), which shall include but is not limited to: (a) (b) (c) (d) (e) (t) (g) . The estimated revenues to be derived from the Solid Waste System; The estimated operating expenses of the Solid Waste System; The estimated amounts payable to debt service; All general accounts, funds and other established accounts or subaccounts of SDSWMA; All investment income to be derived from money on deposit; The estimated tonnage of waste, rubbish, and garbage expected to be handlfd or disposed of by operation of the Solid Waste System; and A reasoned estimate of the minimum rates, fees, charges and other income for the ensuing twelve (12) month period necessary and required to assure the Financial Obligations and the covenants of this Agreement will be met. The Rate Audit shall otherwise be prepared in accordance with the requirements for such audit as are accepted or agreed to by SDSWMA in connection with any Financial Obligation. ~~ OF COUNrY ASSETS, OBLIGATIONS AND... LIABILITIES 1. Transition Schedule. The PARTIES intend that the County shall transfer and SDSWMA shall accept the Assets, Obligations and Liabilities, pursuant to the following transfer schedule: (a) On or before August 31, 1994 (the "First Transfer Date"), the County, in cooperation with the General Manager of SDSWMA, shall present to the Commission for acceptance a portion of the Assets, Obligations and Liabilities identified on Exhibits "A", "B" and "C". Upon ratification of the Commission, the accepted Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. 13 <9t;,o1.;L (b) On or before November 30, 1994 (the "Second Transfer Date"), the County, in cooperation with the General Manager of SDSWMA, shall present to the Commission for acceptance a portion of remaining Assets, Obligations and Liabilities identified on Exhibits "A", "B" and "C.. Upon ratification of the Commission, the accepted Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. (c) On or before June 30, 1995 (the "Third Transfer Date"), the County, in cooperation with the General Manager of SDSWMA, shall present to the Commission for acceptance the remaining Assets, Obligations and Liabilities identified on Exhibits "A", "B" and "C". Upon ratification of the Commission, the accepted Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. (d) On or before November 30, 1995 (the "Fourth Transfer Date"), the General Manager of Commission shall present to the Commission for acceptance the remaining Assets, Obligations and Liabilities identified on Exhibits" A", "B" and "C". Upon ratification of the Commission, the remaining Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. 2. Transition Criteria. It is a material condition to the County's agreement hereinabove to transition the Assets, Obligations and Liabilities to SDSWMA, that SDSWMA agree to accept the transfer of each Asset, Obligation and Liability. SDSWMA shall have a ninety (90) day due diligence period to exercise only the following rights of review: (a) During the due diligence period, SDSWMA shall have a full right of review, approval and/or rejection pursuant only to the transition criteria set forth in this Section XIII.2. (b) SDSWMA shall have the right to assure that each of the actual items subject to transition is as represented by the County; provided however, that with respect to any item rejected for transfer pursuant to this Agreement by SDSWMA, the County shall have a reasonable opportunity to cure problems within its control. In the event the County is able to effect a cure, the item shall be submitted with the correction to SDSWMA for reconsideration; (c) SDSWMA shall have the right and opportunity to review and approve any and all documents, bills of sale, titles or instruments of transfer related to the Assets and Obligations to assure that SDSWMA will receive good and marketable title to any item; 14 ~,')'.3 (d) SDSWMA shall have the right and opportunity to request and receive the cooperation of the County in securing any additional documentation, alterations or changes as necessary to make any item useful to the Solid Waste System, including but not limited to assistance as may be necessary to make any of the Assets or Obligations transferrable to SDSWMA, negotiable by SDSWMA to later parties, or subject to any warranty or guaranty of any manufacturer, seller or lessor; (e) SDSWMA shall have the right and opportunity to review and approve all title and other documentation as SDSWMA may request in connection with all real property interest to be transferred, including but not limited to deeds, easements, licenses, covenants and conditions, limitations and conditional use restrictions; (f) In no event shall SDSWMA be required to accept any Asset, Liability or Obligation, which has been determined to be adverse to SDSWMA due to the gross negligence or wilful or intentional misconduct of the County in the operation and management of the Solid Waste System. 3. Failure of Consent. Notwithstanding the foregoing transition criteria, in no event shall the County present to the Commission (nor shall the Commission be required to accept) any item for which the validity of transfer is contingent on the receipt of consent from any third party; however, any such items shall remain subject to Section XIll.4. hereinbelow. 4. Transition Coo.peration. The County and SDSWMA shall execute any instruments of conveyance or other documents and instructions as may be necessary to effectuate the transition of the County Assets, Obligations and Liabilities in an expeditious and timely manner. The transition of Assets, Obligations and Liabilities is a material condition of this Agreement and the County's failure to complete said transfer and/or SDSWMA's failure to accept said transfer shall cause the termination or unwinding of SDSWMA in accordance with Section XN hereinbelow. No transition of any individual Asset, Obligation or Liability shall be effective until the execution and proper delivery to SDSWMA of proper transfer documents, as approved by SDSWMA and in form and substance substantially similar to the general deed, bill of sale or assignment and assumption agreement attached hereto as Exhibit D or as otherwise approved by SDSWMA. 15 :;Lo -~f 5. County as Aeent. Notwithstanding the above, in the event that (1) any item cannot be transferred to the Commission due to inability of the County to gain any nece"ary third party consent, (2) any contractual prohibition on assignment (3) an assignment and assumption of such contracts cannot be accomplished in accordance with the schedule otherwise set forth herein; or (4) SDSWMA declines to accept the terms of assumption required by the obligor under the contract, then SDSWMA shall designate and accept the County as its agent for the purpose of securing benefits and performing duties under the contract. With respect to each Asset, Obligation or Liability for which the County shall be agent as hereinabove provided, the County shall retain only ministerial control and authority and shall in every case implement fully and completely the specific directives and decisions of the Commission. In accordance herewith the County shall remain separately responsible under the contract; provided, however, that SDSWMA shall assume a pass through of the specific contractual obligations of the County with respect to the untransferred contract, including but not limited to an obligation to make payment, not to exceed the actual costs to the County, including direct and reasonable indirect costs, for any materials or services provided for the benefit of SDSWMA and/or the PARTIES. The County shall request all necessary and appropriate consents with respect to each Asset and Obligation. Thereafter, the County shall present the consent obtained pursuant to the transition scheduled of Section xm(l). If the obligor refuses to consent, the County shall notify the Commission of such refusal, and of the County's status as agent pursuant to Section xm.4. If the obligor demands payment or contract concessions for such consent, the County shall so notify the Commission so that SDSWMA may accept such terms and pay such consideration in exchange for such consent, or designate and accept the County as its agent pursuant to Section xm.4 until such time as negotiated terms of consent are approved by SDSWMA. 6. County Services. County shall provide to SDSWMA all necessary operating services for the solid waste system on a fee for services basis, not to exceed the actual costs to the County including direct and reasonable indirect costs, pending SDSwMA's establishing said services by contract or otherwise, including but not limited to: (a) County's Solid Waste Division Personnel; (b) County's services in financial management of the Solid Waste Enterprise Fund; 16 _ ;).~.~!::. (c) County Accounting and Investing Services; (d) Services of County Counsel with respect to ongoing litigation; and (e) County Auditor and Treasurer Services. Notwithstanding the above, the County shall provide the services of the County's Solid Waste Division following the Effective Date upon such terms and conditions as shall be established by separate contract to be agreed upon by SDSWMA and the County; provided, however, that either SDSWMA or the County shall have the right to cancel said contract at any time on the giving of a minimum six (6) months advanced notice of cancellation of the contract for County services. XIV. FAILURE OF TRANSmON In the event the PARTIES to this Agreement are unable for any reason to comply with the conditions of this Agreement requiring the transition of Assets, Obligations and Liabilities in accordance with Section xm hereinabove, then by vote of approval of the Commission, SDSWMA shall enter a period of unwinding and recision. The PARTIES of SDSWMA shall, thereafter, execute any and all documents, enter any necessary resolutions and otherwise cooperate fully with the County in the return of the Assets, Liabilities and Obligations to the sole ownership and control of the County. xv. WASTESTREAM COMMITMENI To the extent allowed by law, each PARTY agrees that 100% of the garbage, rubbish and solid waste normal and customary for disposal at a Class ill landfill, generated within its jurisdiction, shall be committed and delivered to the Solid Waste System. SDSWMA may, by vote of the Commission, adjust the percentage commitment of solid waste hereinabove stated from time to time. In no event shall a PARTY be required to commit solid wastes generated by a state or federal governmental entity, unless the PARTY has control over such solid wastes and elects to commit it; nor shall any PARTY be required to commit solid wastes generated by any person and/or transported or disposed of by any self-hauler where such solid wastes are accumulated in an amount less than 50 tons per month. Notwithstanding the above, each PARTY shall have the right, without penalty, to recycle any solid waste by any means selected by said PARTY and all recycled solid waste, other than recycling waste residue, shall be excluded from this commitment. To the extent allowed by law, each PARTY shall establish, implement and carry out a waste flow enforcement program in cooperation with SDSWMA. To the extent necessary and appropriate to ensure that the PARTY's committed solid wastes are delivered to the Solid Waste System, each waste flow enforcement program may include one or more of the following: 1. License, permit, franchise or enter into agreements with solid waste haulers (whether on an exclusive or non-exclusive basis), as necessary to assure compliance with the solid waste commitment; 17 d'J'~ 2. At the earliest date practicable, amend, revoke and/or revise any license, permit, franchise or solid waste hauler agreement, to effect changes nece,'iary to assure compliance with the solid waste commitment hereinabove stated, including if and to the extent necessary, amendments to provide explicitly that the affected party shall have the right without material restriction to direct the delivery of the committed garbage, rubbish and solid waste in accordance with the solid waste commitment; 3. Adopt ordinances or resolutions requiring the compliance of the general public or any portion thereof with measures Ileces'iary to assure compliance with the solid waste commitment; 4. Take authorized enforcement action pursuant to any license, permit, franchise or waste hauler agreement, ordinance or resolution; 5. Defend against legal challenges to the validity of the affected PARTY's wastestream commitment; 6. Undertake local :municipal solid waste collection programs; 7. Implement alternative or substitute means of assuring compliance with the solid waste commitment; On and after the Effective Date, no affected PARTY shall enter into, issue or adopt any license, permit, contract, agreement, lease, franchise, ordinance or resolution which is materially inconsistent with the solid waste commitment. XVI. LIMITATION OF LIAB)'LITY 1. The debts, liabilities and obligations of SDSWMA shall be the debts, liabilities and obligations of SDSWMA alone, and not of the PARTIES. 2. Pursuant' to Government Code Section 6508.1, any PARTY may separately contract for responsibility for specific assets, debts, liabilities or obligations of SDSWMA. 3. Except with regard to the obligations that exist between SDSWMA and the PARTIES as specified herein, nothing in this Agreement is intended to create any liability of any PARTY to any person, organization, entity, or corporation, whether public or private, which the PARTY would not. other\\ise have had; nor shall this Agreement modify, increase, nullify or otherwise in any way affect any liability of any PARTY to any person, organization, entity, or corporation, whether public or private. , 18 ~-~1 XVll. ~CATION..OF MEMBER PARTIES 1. SDSWMA shall protect, defend, indemnify and hold each PARTY harmless from any loss, liability, or damage, including attorneys' fees, suffered by such PARTY by reason of litigation, administrative action, or the imposition of administrative or civil penalties under state or federal law, arising out of the operation and management of the Solid Waste System, whether prior to or following the Effective Date, including the obligation to defend all PARTIES from and against any and all liabilities, claims, penalties, forfeitures, suits, costs, and expenses incident thereto (including reasonable attorney's fees), which said PARTIES may hereafter incur, become responsible for, or payout as a result of the death or bodily injury to any person, and/or destruction or damage to any property, contamination of, or other adverse effect on the environment, costs of response to and/or penalties for violation of governing laws, regulations or orders, resulting from or due to the release of Hazardous Substances (defined below). Notwithstanding the above, in no event shall the above indemnification !Ie provided to any PARTY where the act, omission to act or event that is the subject matter of the indemnification is the result of the gross negligence, wilful or intentional misconduct of the PARTY. Any such indemnification shall be recoverable only out of the SDSWMA's tip fee fund, financing options available under law to SDSWMA, or other assets, and not from the PARTIES. As used hereinabove the term Hazardous Substance(s) shall mean any substance included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," or "pollutant or contaminant" as defined under any federal, state or local statute, ordinance, code or regulation now existing or hereafter enacted or amended, including but not limited to the following: i. 42 United States Code GG 9601 a .sl:Q., which generally refers to CERCLA, hazardous substances releases, liability and compensation; ii. 42 United States' Code GG 6901 a .sl:Q., which generally refers to the Resource Conservation and Recovery Act (Solid Waste Disposal Act); iii. 33 United States Code GG 1251 a .sl:Q., which generally refers to the Federal Clean Water Act; iv. 15 United States Code ~G 2601 a .sl:Q., which generally refers to the Toxic Substances Control Act; v. 49 United States Code GG 1801 a ~., which generally refers to the transportation of hazardous .materials; 19 :2~~~r vi. 49 Code of Federal Regulations l72.lOl,which generally refers to the transportation of hazardous materials; vii. 40 Code of Federal Regulations 302, which generally refers to the management of hazardous materials; viii. California Health & Safety Code 0 25316; ix. California Water Code 0 13050(P); x. Any substance listed in 26 California Code of Regulations 022- 6680(d); and xi. Any other petroleum or refined petroleum product, asbestos, polychlorinated biphenyl, a flammable explosive or radioactive material, 'or other material which could cause a detriment to or impair the beneficial use of SDSWMA's Assets, adjoining properties or otherwise or constitute a health, safety or environmental risk to any person. , 2. Pursuant to the provisions of the California Tort Claims Act (Government Code Sections 810, ~ zjl.), SDSWMA shall be required to indemnify, defend and hold harmless each and every director, officer and employee of SDSWMA (including but not limited to the staff and employees from any PARTY that performs any service or function or provides any advice to SDSWMA on its business), from all claims, demands and lawsuits that may be filed against any such person stemming from the activities of the person in the course and scope of their employment and/or service on behalf of SDSWMA; provided however, that any such claim or demand shall only be valid when filed in compliance with the California Tort Claims Act. 3. No PARTY shall, solely by virtue of being a PARTY to this Agreement or by performing any of the obligations or responsibilities of a PARTY, including but not limited to, acting as a member of the Board of Commissioner's of SDSWMA or directing or influencing policy decisions of SDSWMA, incur liability by reason of any lawsuit or other actions brought under state or federal law , or any alleged violation of any plan, rule, regulation, ordinance, criteria or guideline promulgated by any federal or state regulatory agency. XVIII. IMMUNITY All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and all pension, relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents and employees of any PARTY when performing their respective functions within the territory limits of their respective public agencies, shall applY to them in the same degree and extent while engaged in the performance of any of their functions or duties extraterritorially under this Agreement. 20 ;;P~.l...C; XIX. WITHDRAWALOFPARTlES . Any PARTY may be granted withdrawal according to the provisions of this s1!bsection. 1. Conditions Precedent to Filinl! for Withdrawal If a PARTY desires to withdraw from SDSWMA, it may do so by first providing a notice for withdrawal to the Commission in accordance with the following procedures. 2. Oblil!ation to Meet and Confer Prior to filing a notice of withdrawal, the PARTY shall meet and confer diligently and in good faith with SDSWMA to discuss the reasons for the proposed termination and the likely results thereof, including, but not limited to the following issues: i. The alternate means of solid waste disposal reasonably available to the PARTY. ii. Any offer of SDSWMA to provide services equivalent to the alternative the PARTY is considering. iii. The financial effects of withdrawal on SDSWMA including the assets, debts and Financial Obligations of SDSWMA. iv. The possible terms and conditions and date for withdrawal, and the likely mitigation required of the PARTY to offset the adverse effects of its withdrawal from SDSWMA on the Solid Waste System. 3. PARTY AdQpts Resolution After the meet and confer process has concluded, the PARTY shall have the right to notice its withdrawal from SDSWMA; provided, however, that the legislative body of the PARTY shall only adopt a resolution of withdrawal from SDSWMA after a noticed, public hearing. SDSWMA shall receive notice and a full opportunity to attend and comment on the proposed resolution at the public hearing. 21 ,;;)~~~D 4. PARTY Files Notice The notice of withdrawal of any PARTY shall include the following: i. A copy of the resolution. ii. A statement of the reasons for the proposed withdrawal from SDSWMA, including a narrative analysis of the meet and confer process and the criteria set forth in Subparagraph (2) hereinabove. iii. A description of the means that the PARTY will use to meet its solid waste disposal obligations if withdrawal occurs. iv. Such other reasonable information as SDSWMA may request. 5. Duty to Formulate Terms and Conditions for F"rly Withdrawal SDSWMA, after a noticed, public hearing shall formulate the tentative terms and condi(ions for the withdrawal of the PARTY. SDSWMA shall meet and confer in good faith with the PARTY regarding the terms and conditions. 6. Terms and Conditions for Final Withdrawal SDSWMA shall set such terms and conditions for withdrawal as are reasonably necessary to mitigate any financial effects of withdrawal on SDSWMA, including the assets, debts, operations and Financial Obligations of SDSWMA. The terms and conditions shall reflect the following factors: i. The present value of closure and post closure costs for any site within the Solid Waste System, in excess of the amount for which reserves have previously been set aside by SDSWMA and contributed to by the PARTY. ii. The effects of withdrawal on the existing Solid Waste System and SDSWMA's ability to satisfy any obligations undertaken pursuant to this Agreement, which will be caused by the loss of revenues, charges or fees contributed from the PARTY for the Solid Waste System. iii. SDSWMA ~hall set a reasonable date for the PARTY's withdrawal; however, the date shall be set so as to reasonably avoid impaiullent to the Solid Waste System, SDSWMA's ability to satisfy Financial Obligations, or any obligation of SDSWMA reasonably related to the withdrawal of the PARTY. 22 ';;o~.31 iv. The present value of the PARTY's contributions to the Solid Waste System, including but not limited to new facilities, existing facilities and operations, reserve funds, closure and post closure costs, and remaining landfill capacity and other assets, any or all of which will inure to the benefit of the SDSWMA following withdrawal. v. Withdrawal shall be conditioned on the mitigation of any material and adverse financial impacts to the holders of the Financial Obligations or on other PARTIES resulting from the withdrawal. 7. Method of Compliance with Termination Conditions Each PARTY, with SDSWMA's approval, may utilize any combination of methods for mitigating the impacts of the PARTY's withdrawal, including but not limited to the following: i. Cash payment; ii. Continuing disposal of a portion of the PARTY's solid waste, rubbish or garbage at a mutually agreed upon fee, which mayor may not otherwise be applicable to other PARTIES; iii. All methods for payment shall be sufficient to offset the adverse effects of withdrawal on SDSWMA. 8. Time Frame for Completion of Withdrawal Process SDSWMA shall in good faith and with due diligence process the PARTY's notice of withdrawal. SDSWMA shall issue the terms and conditions for withdrawal within eighteen (18) months of the date of the resolution of withdrawal of the governing body of the PARTY. 9. Recision of Withdrawal Decision Withdrawal by a PARTY may be terminated by a resolution of the legislative body of the PARry submitted at any time during the process of withdrawal or after issuance of the PARTY's notice for withdrawal; provided, however, that the PARTY shall bear the reasonable costs to -SDSWMA of the consideration and processing of the withdrawal to the date of the notice of recision. 23 t#~3 01. XX. ADDITIONAL PAR'llES It is recognized that public entities other than the original PARTIES may desire to participate in SDSWMA. Additional public entities may become parties to SDSWMA and this Joint Powers Agreement upon such terms and conditions as may be set forth in a resolution approved by two-thirds (2/3) of the Primary Vote of the Commissioners of SDSWMA, and evidenced by the execution of a written addendum to this Agreement signed by the joining party. XXI. STAU The employees of SDSWMA may be hired as full-time or part-time employees or may be hired by independent contract for the provision of professional services. The existing staffing of one or more of the PARTIES may also be appointed to serve SDSWMA, and shall be paid for by SDSWMA or, upon agreement of SDSWMA and any PARTY, may be provided at the expense of the contributing PARTY. SDSWMA staff, other than employees of a party performing services for SDSWMA, shall be hired, promoted, disciplined or terminated and shall have such rights of employment as SDSWMA shall determine, subject to any applicable provisions of federal or state law. SDSWMA may hire such accounting, investment, financial and personnel services or other professional consulting services as necessary, either on a full-time or part-time basis or by use of full or part-time employees. Further, SDSWMA may independently contract for the provision of necessary professional and other services. The existing staff of one or more of the PARTIES may also be appointed to serve SDSWMA and shall be paid for by SDSWMA or, upon agreement of SDSWMA and any PARTY, may be provided at the expense of the contributing PARTY. XXIII. ACCOUNTABILITY SDSWMA shall be held strictly accountable for all funds and shall make an annual report to all PARTIES to this Agreement of all receipts and disbursements, all in accordance with applicable provisions of the California Government Code and any other applicable statutes. XXIV. DISSOLl.lTIQN Upon dissolution of the SDSWMA as a legal entity, all debts and advances of SDSWMA . shall be paid, and the property of SDSWMA, whether real or personal, shall be..divided among and distributed to all of the PARTIES. The PARTIES receiving a portion of liabilities, debts, obligations and/or assets of the Solid Waste System shall include each PARTY who participated in the SDSWMA at any time during the existence of SDSWMA. PARTIES to this Agreement shall share in proportion to the costs borne by non-reimbursed contributions from each such PARTY to the SDSWMA during its legal existence. 24 dP ~ 33 xxv. INSURANCE The Commission of SDSWMA is authorized to and shall procure general comprehensive liability and other insurance by such means and in such amounts as may be reasonably available and as the Commission deems advisable to protect the SDSWMA and each of the PARTIES hereto, charging the cost thereof to the operating costs of the SDSWMA. In the event insurance is not available at a reasonable cost in the open market, SDSWMA shall establish such self- insurance or pooled insurance participation as the Commission deems advisable. XXVI. BREACH In the event that SDSWMA or any PARTY should at any time claim that SDSWMA or any PARTY in any way breached or is anticipated to be in breach of this Agreement, the complaining PARTY or SDSWMA shall file with the governing body of the entity alleged to be in breach a written claim describing said breach or anticipated breach. The written claim shall state fully the facts and circumstances giving rise to the claim. The legislative or governing bodies of the entities in disagreement, or their duly appointed representatives, shall meet and confer in good faith no later than forty,five (45) days following the delivery of the written claim for the purpose of resolving the claim. Thereafter, but no later than ninety (90) days following the delivery of the written claim, the Commission shall hold a hearing on the matter giving all affected parties a right to be heard. Immediately following the conclusion of said hearing, the Commission shall cause the preparation and delivery of a full report of its findings and recommendations to the legislative or governing bodies of the PARTIES to the dispute. The report shall be advisory only, shall not in any way bind SDSWMA nor any of the PARTIES to this Agreement, nor $hall the report be deemed to establish any presumptive or ultimate fact in issue. Excepting only equitable or injunctive relief, which is necessary to prevent serious and irreparable harm, no action arising from the breach of this Agreement may be filed and no action shall be allowed by any PARTY to rescind or terminate this Agreement, unless and until the dispute resolution process hereinabove stated is completed. However, in no event shall any PARTY or SDSWMA be foreclosed from seeking additional dispute resolution following the conclusion of the dispute resolution process. At the conclusion of all dispute resolution undertaken in accordance herewith, SDSWMA and/or any PARTY may seek such equitable relief or damages as may otherwise be available by law. XXVII. SEVERABILITY It is hereby declared to be the intention of the signatories to this Agreement that the paragraphs, sentences, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence or paragraph of this Agreement shall be declared unconstitutional or invalid for any reason by a valid judgment or decree of a Court of competent jurisdiction, such 25 do ~3f unconstitutionality of invalidity shall not affect any of the remaining paragraphs, clauses, phrases, and sentences of this Agreement. xxvm. NOTICES All notices required or given pursuant to this Agreement shall be deemed properly served when deposited, postage prepaid, in the United States mail, addressed to each PARTY at the address indicated on this Agreement adjacent to the signature line of each PARTY. XXIX. lWPLlCATE ORIGINALS This Agreement can be executed in one or more duplicate originals, each bearing the original signatures of the parties, and when so executed each duplicate original shall be deemed an original of the Agreement admissible in court as evidence of the terms of the Agreement. XXX.. -APPLICABLE LAW This Agreement shall be governed by the laws of the State of California and any legal action with respect hereto shall be brought before an appropriate California court. XXXI. COUNTERPARTS This document may be executed in counterparts and the signatures of the PARTIES shall be attached creating one Agreement. XXXII. AMENDMENT No amendment to this Agreement shall be effective unless approved by unanimous consent of the PARTIES pursuant to the Primary Vote. Further, all amendments to this Agreement shall be in writing and signed by the PARTIES, and each provision of this Agreement and each amendment thereto shall apply to and bind the legal representatives, successors and assigns of the PARTIES hereto. 26 c!;).t), 3 S- IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on. the date first above written. BY: MAYOR ATIEST: CITY CLERK CITY: 27 ~ _ "c" Exhibit "A" ASSETS COUNTY OF SAN DIEGO - SOLID WASTE ASSETS LAND 1. Interior Zone sites - The County owns 10 separate tracts of land in the eastern 2/3 of San Diego County that serve as the interior zone collection system. 2. Vista Transfer Station - The County owns 15 acres of land in an developed industrial park in the City of Vista. This site was purchased for use as a transfer station. LANDFll..LS BORREGO SPRINGS RAMONA OTAY & OTAY ANNEX SAN MARCOS SYCAMORE OTHER PERSONAL PROPERTY Including but not limited to: Furniture, Equipment and Vehicles. dP" a1 EXHIBIT ftB" PERMIT LIDGATlON Christward Ministry, et. al. v. County, et. al. Orange County Superior Court No. 715895 Challenge to State Water Resources Control Board permit for San Marcos Landfill expansion. LANDFILL SfI'J:NG: County v. Callaghan, et al. County v. RanconDevelopment, et al. SDSC N49843 These are lawsuits seeking rights of eptry for landfill siting studies on the Spring Oak (South County) and Merriam Mountain sites (North County), respectively. (Rights of entry have been obtained on the Gregory Canyon and Aspen Road sites.) ENVIRONl\IEl'fiAL Duck Pond Landf"ill, State Water Resources Control Board County appeal of Regional Water Quality Control Board additionof County to Waste Discharge Requirements. Lucas v. County San Diego Superior Court #668274 Claim for alleged damages for groundwater contamination at Ramona Landfill. Signal Landmark Administrative claim for costs associated with City of Coronado/County bum site.. 1 dP"3K ~ SETTLED Lm~ATIQ.N Hillsborough Master Homeowners Association v. County The County has obligation to maintain the Hillsborough Landfill through a settlement that provided $3.5 million to the County for upgrade, repair, and maintenance. Zinser-Furby, Inc. v. County The County is obligated to test, and possibly remove bum ash at the San Ysidro bum site. SAN MARCOS INVERSE CONl!.EMNATION CASES The County is defendant in 19 lawsuits seeking damages related to the expansion of the San Marcos Landfill. l'EE Ll'J'lGATION City oC ChuJa Vista v. County oC San Diego San Diego Superior Court #667(j{)1) Chula Vista, which never paid the economic risk surcharge, has not settled its challenges. The Authority would assume all rights and obligations under permits . issued to the County Cor active and inactive disposal, collection and processing. 2 BO ~ .3CJ u I>l ~ H I>: a. PI .,-i <lI .l:l I>l I>l I>l I>l I>l I>l III >< >< >< >< >< >< >< >< >< >< ~ E-< E-< ~ >< ~ E-< ~ E-< ~ E-< ~ ~ ~ E-< ~ E-< E-< ~ .~ E-< ~ ~ ~ ~ ~ ~ ~ H H H H ~ H H 0 0 0 0 0 0 0 0 0 I>: I>: I>: s: 0 s: s: u u u u u u u u u u a. a. a. u CIl'tl +lCll llllll 1'10 .......... ><U 0 I.< CIl l"- N \0 .-l \0 '" Ul PI+l Ul r'- \0 \0 \0 Ul \0 ~~ .. '" '" '" '" '" '" '" , .-l .-l .-l .-l .-l .-l .-l I>l I>l I>l I>l I>l I>l ~ I>l I>l > > > > > > III I>l I>l I>l ~ I>l ~ I>l ~ H H H H H H H il > > > > > > > E-< ~. E-< E-< E-< ~ ~ H H H H H H H H H H U U U ~ III ~ ~ ~ E-< ~ ~ E-< ~ E-< E-< ~ ~ ~ ~ ~ +l U U U ~ CO .( .( .( .( .( .( .( H H H. H H H H fa fa fa I>: I>: fa I>: fa I>: fa I>l I>l I>l I>l r.. r.. r.. r.. r.. r.. r.. r.. r.. r.. tIl tIl tIl CO CO CO CO tIl tIl tIl I>l I>l I>l I>l I>l I>l I>l ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ E-< E-< E-< E-< E-< E-< E-< H H H H H H H tIl tIl tIl tIl tIl tIl tIl E-< CIl ~ ~ ~ ~ ~ ~ ~ ~ :z; :z; :z; :z; :z; :z; :z; :z; :z; :z; H H H H H H H H H H E-< III III III III III III III III III III .Ill III III III III III III :z; :z; 0 H E-< H tIl es H ~ ~ ~ ! H ~ I>l H H ~ ~ CO ~ 0 H CO :.: H ~ S es I>l E-< H H ~ es 0 t: ~ :z; H ~ i .,-i ~ ~ H H U tIl I>l I>l III H ..... I>l 0 H :>: :>: I>l ~ :z; :z; 0 tIl :z; ..... ~ S ~ H E-< S U tIl ~ H H ~ ~ H ~ 0 S 0 ~ ~ ~ a. a. u III 0 U .( H ~ ~ :z; ~ r.. III III U I") 0 a. tIl > .( U U I>l r.. ..... .... ~ .... ~ ~ - .... 00 ~ .... j "0 = = ~ ~ .... "t -< cPD ~ '/-D . ~ I'il 0 H I'il ~ Cl H Cl I'il tIl ~ tIl ~ E-t tIl 0 r.. I'il 0 0 p: I'il I'il I'il I'il I'il 0 I'il I'il r.. ~ ~ E-t ~ >- E-t ~ >- r.. ~ >- >- E-t >- 0 >- >- >- >- >- >- >- ~ E-t ~ E-t E-t E-t ~ E-t ~ E-t ~ ~ ~ .~ ~ 8 ~ . ~ ~ 8 >- 8 H H H g; H H III H H E-t p: p: p: p: p: 0 . If 0 0 p: H 0 0 8 8 ~ ~ ~ !Xl 0 ~ ~ 0 p 0 0 ~ 0 0 0 0 0 0 0 N r- r- N Cl'I III N III C"l ..... r- ID M N r- ID r- ID ID r- III r- r- r- r- r- III ID ID r- ID co Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl'I Cl\ Cl\ Cl\ ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... I'il ~ I'il I'il I'il I'il ~ I'il I'il ~ I'il I'il I'il I'il ~ > > > > > > > > > > > H H H H H H H H H H H H H H H ~ I'il I'il I'il ~ I'il Cl t ~ t t ~ t ~ tl tl ~ tl tl ~ E-t tl > > > > I'il 0 H H H H H H III ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ E-t t ~ ~ tl ~ S :z; 0 H H H H H H H H H H H H H H H 0< 0< 0< 0 I'il I'il I'il I'il I'il I'il I'il I'il I'il I'il I'il I'il I'il I'il I'il E-t E-t E-t E-t E-t E-t E-t E-t E-t E-t E-t E-t E-t E-t E-t ~ ~ ..::l ~ ~ ..::l ~ H H H H H H H H H H H H H H H ..::l ..::l III III III III tIl III tIl III III tIl III III III tIl III H H H H H H H r.. r.. r.. r.. r.. r.. r.. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Cl Cl Cl Cl Cl Cl Cl ~ ~ ~ ~ ~ ~ ~ !Xl !Xl !Xl !Xl !Xl !Xl !Xl !Xl !Xl !Xl !Xl !Xl !Xl :z; ~ ~ fi1 H E-t III III ~ H Cl ..::l 0 ~ :z; ~ H >- ..::l ~ 5 H H G I'il >- p: H H ~ H 0 I'il ~ r:J tIl ~ Cl >< III H H I'il 0< :IE: ..::l >- III H I'il 8 H H I'il Cl ~ ~ ~ Cl !Xl Pl I'il p: ~ I 0< Cl H ~ H :z; 0 ~ a ~ ~ ~ ~ H III III 0< H Cl ~ I III ~ H >- ~ :c :c 0< I'il H H I'il E-t I'il ~ III E-t 8l >- >- ~ III S ~ ~ 0 :z; ~ ~ III ~ ~ ~ :z; ~ 0 0 0< H 0 0 H 0 >- 0 t-:> 0 0 ~ ~ ~ III tIl III III > !Xl 0 0 tIl 1Il !Xl dlJ ' t.f / (/] 0 0 ~ t!I ~ rzl H H Cl II: ~ E-o ~ (/] (/] H (/] Cl rzl rzl rzl rzl .... .... rzl >< >< >< ~ >< ~ ~ ~ >< >< >< >< 0 >< H 0 >< ~ >< E-o E-o E-o E-o E-o E-o E-o E-o ~ 0 E-o E-o ~ ~ ~ ~ > ~ ~ ~ ~ >< 0 >< ~ ~ H H H H E-o :r:: E-o H 0 0 0 II: 0 II: II: ~ 0 0 0 0 H 0 () H 0 II: 0 () () () 11< () 11< 11< 11< () () () () () () (/] () () 11< () co N t"- \0 N t"- .., co It! It! co N \0 t"- CO \0 t"- \0 t"- \0 It! .\0 \0 t"- t"- t"- \0 \0 \0 \0 t"- It! en en en 0\ 0\ en en en 0\ en en Oi en en en 0\ H ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... rzl rzl rzl rzl rzl ~ r<I ~ ~ ~ r<I r<I r<I r<I r<I f<l > > > ~ > > > > ~ > > Cl r<I H H H H H H H H H H H H H r<I r<I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ >- (/] H S :z: ~ ~ ~ ~ ~ ~ ~ :z: ~ ~ () .... H H H H H H H H H H H H H H H g; e. H ~ H H ~ H H ~ ~ H ~ ~ ~ ~ ~ H H H H H H H H. H H H H r<I H H H H H H H H H H H H H H H H H H ~. .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... .... Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl > ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ H II: 11< ~ (/] 0< 0 - () ~ E-o ~ .d H t!I gj :r:: ~:s H :E:- H H tl H H~ H H E-o ><Ul .- H H H H ::l -:r:: ~ r<I ~ ~~ 0 (/] gjE gj . gj E-o ~~ ~~ Cl (/] 0 0 :.: r<I ~ 8 (/] () fj E5 Cl Cl 0 H ~.8 [-< ... E-o ~ H H li! 11< ~ ~ ~ i<Ct:l ~ >< OH OK 11< H Cl Cl (/] ~.!l ~::: (/] g r<I ().... ().... :z: :z: :z: Cl:l r<I >t ~ E-o H Cl Cl :.: H 0 0 ~ ~ ~ ~ ~ r<I.-i r<I () (/] ~ g~ g~ () g () () ~ fz1...-i fz1G1 r<I ~ ~ p (/] (/] 0< H 2 ~~ ~e ~ H Cl rzl r<I fz1 .... t!I 11< (/] (/] > () . m ... "" 1II ...-i ~ "" llJ ~ o J::: ~ ::l GI ... llJ "" llJ .d "" 1II GI "" ... 1II 'C GI 1II o ~ o ... GI ~ o d-t); 'I~ ~ ... ." .Q ." .<:l .14 I'l w(/) I-z (/)0 <(- ~!;;: Qel ::::i::::i oC:O (/)0 l...l 0<( el:J wI- -0 Q<( zO: <(I- (/)z u..O 00 >1- 1-2 z~ :JO: O:J 00 o W W .... 000 wZZ 'w< o ... a:>< o..u.lIl .... .0.... ><<Z Oa::) a:....0 o..Z"" 0..00:: <0< ..., 00: Zo ........ 00 << a: a: ........ zz 00 00 tIlu. :)0 .... <0 ....Z> tIlwu. t W:I:w 'tIl.... OZ< a:-O o..u. t ~O w....w ....ZZ <O~ OOtll o M o t < a: .... Z o o u. o w tIl o a.. 0: :) a.. ~. '" '" M .e u ~ :::; > a: o CJ w ~ o o lD (l) .,; '" .. '" '" "l. ~ '" '" .. '" a: w w "'~ ~(lJ lDz ~w M", <(U U'" .. #~ ~(W) a.. .-... E <(b"; 0 ",u "C e .. ~ '0; Q. !! :;:: "C e S .e .. " eGi O"C Dl! ,!!J", ~g. ..,!!J >= .- - ~"C U e .. '" .E...J 8 o d M .. o ~ ~ Pi lD .. ...J ...J <( o "'Z IO~ ~~ ~~ tl ..#.!! > -a, 'il ": E <~c3 ~ !1.! lD '" !1.! o ~ u; > -g tJ e o .., ~S ..'- bIll eE '" " .elll ~e .- "C 0._ .. .. .e> =~ e'" :i ~ 11I_ ..,!!J >= -g :t; ",e e .. _...J o o ... 8 lD .. lD '" "l. (l) ... ~. ~ .. > o o w o z <( ~u. lD...J ~5 ~lu 5:< ... ~ \) 1 t) _ "E.: -~ 'llI; E <(u (l) 0 IOU v !1.! '" ~ 10 (l) (;j ~ ~ !1.! ~ !1.! ~ '" ~ - ~ l:: o e- <( "2 g ~ C.;:. 8o.!!! .- "C CI)'tOQ) ... co-- E t) co Q~ Q):i E -e"'CI)o = Q) 0 co ~eg9A. .!!~~t;~ ....- 0- ~;1lQ,c: ~~~'2-a ,_~.:::t"CI co Q) :ec:eg '0 Q <<l :::t <<l Q) .. &~ c ~ ...Eco-$= COGcuc:t; Q,lO--"O--c .t~-5:ilE~ ..,!!J >= .;:.:t; U e .... .E...J o o o .... 10 ~ .. o o o oti '" ~ .. oll !( a: a: ti ::l< ~ZU "'<0 ~>'" <a:'" UIII<( .. #ti ..~- > '" Q. "tl . E <(;1;8 lD !1.! '" M (l) - M - 10 .. > =caQ;~ Olg~_s -EQ)"O ;.coUQi '2a:~iI: "'!!=.. - i:; co-- "0... > a- co ...!! c CI) >= .2E"'(lJ 'tOG~"CIcn Git;A.~Q) Co>.. ... Q en = .!-a g.e-Eg~ .co ~.o E "0 ~8&fi~j ..,!!J >= .+:;:t; U e .. .. .E...J C:<~J f/3 o 8 d o ~ .. '" 10 ~ Pi ... '" .. w I- en < :: lDu ~- "'Z "'< ~(lJ <a: uo .. #~ ~m'ii -;:.C'!e <(UMO lDU ~ .. E .. ~ .. > !" Q;= ~o;: .2"'!! D~ "C el:: "'&- !:! .~ .!!!<( - ~ .. .. :2E ~.9 ~t1. G..!.!: .~ ; ~"C U C .. .. .E...J o & ~ lO ~ .. o o o d o M .. '" I- M(I)Z(I) ~::)~a: lOOn:O __0 o a:::J Z q<ow <>.>w> tl ..#.!! >'" Q. Oil "! E <(~8 ~ (l) - '" ~ ~ !1.! '" ~ ~ (l) - '" '" (;j ~ !1.! ~ - ~ - o e .. .g g g :! ~ .. ~~ .. e e.- 0" U E - o!! . -t>.. '" = ~ ~- co,," Q)-'c ~~'" ",e- e .. .. .- E> :2 a,-;:. >-- u 0"", .. cr e .....- ..,!!J >= .- - ~"C U e .5~ o o o oti ... .. o o o d '" .. > (lJ a: w z w U u: o ~ tl ..#.!! > Q. .- 10 E b"'! 0 <(lDU ~ '" E .. tJ > .. .. ~ :;: - 0 05 ..- g"'!! ..~ ~= 1:= .- e '" 0 :<11I ..,!!J >= .- - ~"C U e .E,j o 8 8 '" .. o o o d o (l) .. III Ii: .. #ti ~ co a.. -.;;'"":E <(U'" 0 ...u lD !1.! '" ~ ~ (l) (;j ~ ~ '" !1.! ... ~ - (l) ~ !1.! ~ M M ~ '" E .. tJ ~ 1:_ CI)::: E- .."'!! r:~ :ill:: EO Q. CI).~ l?< ~ .. .. :2E > 0 0- ~t1. ..,!!J .~ ; ~"C U e .. .. .E...J ;-. c W I- UcU WZ'Z ..,W<( o ... a:><( o..LLlD l- . U I- X<(Z Oa::J a:I-O o..Z"" 0..00::: <(U<( ..., Oa: Zo 1-1- UU <(<( a: a: 1-1- ZZ 00 UU (/)LL :JO ~C I-(/) Z > WLL t; W:I:W "'(/)1- OZ<( a:-C o..LL I- U ~C wl-W I-ZZ <(O~ CU(/) I- U <( a: I- Z o U LL .0 W (/) o 0.. a: :J 0.. > a: o e,:, W ~ U W o o o d o .... ... o o o d o <Xl ... -' < Vl ~ Vl 00 "'<W MZU ....0- ...:;:> <..r:ffi Ua::Vl CD lI!\j ~ Oa. 'gC! E <(':e <3 <Xl ~ ~ M ~ ~ ~ .. - CD o~> 1ii.~ CD"= >j!s:3 Eo c: .. >- OCD~ ~u.~ 8- -- "gf!oO ca::l-g a:.. . C:E-o .,8 0 bO u....mClO .11)- ~* = CD e.... otto,=, u coO .. 1;l ~ '.g .a:2 :J 'C ~g~ 8. CD c: o N .2 :;; ~ .5 o .. o o o d Ul M ... -' < Vl ~ Vl o ... M<W "'Zu NO- ...:;:> tS~~ 'If. $ 0" ~qi5. '-g E tJ 0 <~u <Xl ~ ... M m - ... .. CD :c en ~1-"8 S oOC u.. CD >c:o. uo~ eN m 0.2 >- -4;~",:: ~.5 0 :g E!';> f....~ ~ -gE6~ cae-g - .. c ",'- .. '~<itJg as ':6 ~M -....r:* "0 co 6 &I. uEu... CD c: o N o ." CD ~ .5 o o o d .., ... o o o ..; ~ ... ... -' < ul- Zz <w m~:;: NUoW ~u~ N:JZ <"'< u~:;: .. 'If.\j ~O)Q. .- <Xl E ~,..: 0 ..<XlU ..CD .><-5 .. ~ Eo - ".. C:c: "0 r~ .- 'l! i;.. ~ E l: E . -o?: :I :,:. .,. g'u CD~" - g]!< 'l!g~ o;!u uo;:::Z < a: a: u Z o ... m m <Xl <D o M ... .. u o ~ ::: ~ < MOW> LOU~ffi Ul::l:~> gt:OO <offllrl UZa:a: - 'If. ;.0 >C! r;g <~ CD ~ CD C. E o u ... '" m ~ <Xl - o .... o ~ ... - ~ m M ?:c: . .... N~ :> ... 0 o ...- U cO" ~ ._"'C t'&ONCO 0'" . E z~~ IV ....0)..0 .2 0 en:= ....- '; ~ c:?:c: h~~ lD U >- CD f ca co E aU. c. >- <I( ~ID ~ tl'U~ :0 .~~~~E-e CD CD 0)._ :g (,I)a:_cn >- < a: a: U Z r9.{) ~ Iff! o g d N ~ ... o o o ,..: ~ ... ... .W "'< :;:00 ~~ ~u."~ o~oll ~W> "'0", <"'- U~~ CD 'If.\j ~ CD a.. .._N E tJ..; 0 <<XlU .., m m - m <Xl m - c: CD CD- . ~.l!.~ Cii~5:J D.c ftl CT .. E CD -=!coQ 00 .5 :~o~ c .--- CD '0 >. CJ Ea1:,5 II) CD::J .. "C:o?: DeUS ftI_ -0 u "'cucJ! c: u .. !!~..r:~ at;~~ c.-a: 0 oCl)UU u:zf < a: a: U z o o o d .., ... o o o d o M ... ~ o m>< mU OW ~'" ... . <~ Uoo CD lI!\j ~ ('I') Q. .- ME tJ..; 0 <<XlU ... m m '" <Xl m >< o :0 .., C> .. '0 >- CI) Eg ~. os; CD ~! CD "C!e. ftI'- ... em II) i; ~'5'" >-... 'C g 5i ~ ~ ~a:t:;:e; c :J...c .- .(.) 0 0 2'l: -,g G:a!!SCD '" .. :I+> E .5- >:S".i? E <I( 'C CD ._ a:: "'It 0 C ~a:NL;O oU....:;.... uz.Eca.2 < a: a: U Z o o o d M ... o o o d M .. m ~ .... -Cj "':;: <ll. U>< CD .~ CD'If..!I > 0. ._0 E 1:) q 0 <OU. ... m m - N N '" - N - " > CD .c .= ",,:> ec:i ._ C'lI a: S. e . l!! "....r: . a::t! .~ Sa:: ftI. -g, U U : OJ -g Z... <i..oN :> - ~ ~ .c. .2 taoe... ....~ Gl : u_ E > :> 0 al 'l! .. CD .c o! 0 g 0.4: Gl < a: a: U Z 0 W 0 0 0 I- W 0 0 0 0 , OO'~ CO 0 0 0 0 8 8 en <D .; 0 0 wZ5 "!. 0 dw 0 0 '" ~ en 0 0 ~ q "!. '" a:>< 0 ~ ..; <D '" co '" ~ ~ ~ a....1XI ... ... .. .. ... ... .. I- 00 I- 0 ~ 0 fD 0 X<Z 0 '" 0 en 0 0 Oa:::J 0 0 '" q '" 0 0 0 0 ai <D ,.: 0 0 a: 1-0 0 '" '" '" en 0 <D a.Z:!: 0 "'. "!. "!. 0 en '" a.O '" ~ ~ ~ N ..; fD <0< .. .. .. .. .. .. ... - 011 011 oa: -' -' Zo '" '" ~ <( I- bb '" z I- ZCl ZCl 0 a: Z 0 w Wz Wz << O~ ","'Cl fDO .......J< o :;- '" :;- enoll-' a: a: enlrl enollz ",-, '" ~I- (') zffi <D za: en -' ",w M~ 5 "'zoW fD~~ 1-1- ~co COcni2 ",IL -zOW ZZ "'~ "'zu "'z ("II 0,(1) NWa:Z NWa:Z '" 0 "'a:::) MO....Z "'056 "'0-- "'0-' 00 <(. ;)::)a: <(~ <(a: <(0 <(ClZZ <(Cl>Cl <(a:<( 00 ua: co I- u~ umuU uoww uodiffi umu Ul... " $ ... .. .. .. " ::JO ~ :5!cI!~ :!inn; :5!#il :5!~t) If!~ !;to ..If!.!!! ..If!.!!! 0"'0. o a:J ''is. 0",- e_a. "~- > 0. > 8 0. xoo. > 0. .- 0 E tl . E x"!E x"!E . E x"!E .- E I-Z> 'be'! 0 CIO 0 C en 0 c'" 0 coa t>.;o UlW... <( 0 u. c(~c3 o",u o~u o",u o~ <("'u b '" ~ co co CD CD '" w::cw en 0 '" en en en '" '" 0 en '" '" en en -'Ull- ~ '" ~ ~ ~ ~ ~ 02< a:-o a. ... b '" '" ~o en '" '" en CD '" '" en '" - I!! wl-W '" I!! . - - '" :t 0 CD CD en I-Zz ~ ~ - - ~ ~ ~ en en ~ - <oS! '" OOUl " E "0 .; '" " :> :> ci c: .~ 1::$ .. ~ "0 E . .n " ..- . .. ., o .- c ., "0 '.. C ..ox .c5 oS . ~ .. . 0." 0 ~ " .J:.Q.t:i .cC~ 't:J"5 cgCQt)ro ~ .2'.E .c"~ ,. b ... en ro E .,.", ~ ~.~ CD "Vi ., ~ :> c :2>~g 'i"~- ;gco oS! :gE"C .." ., ;at.E .. < "C-55! ..", ., ,,"1:: ""~ U "S.c....a: ., il ~.- .CDsco .,"00 "0.0 ~-' a: "'"OC "Couc ~CDE~ . .,.e-J:: 0 ..~o. ..E- 0= ~ .... . e.......c ...c>a:: -- .i 2! f .~.- ~ "0 ~'5 ~~:! ii~=c( tOi:l;l!= Oii Q C c to - '" C C --0. - _"..!! CD s:"e b .!!'~ 0 cr 0 a:: co - co ,. . g := u <<I"C - l!.- a"uu" :;;"a c- i ~~gtft _._ co =ctn to 0 a: . ,. OQ......~ "C -a. i:;Q)CD "X _.'g~~ co"'~- "CI 'C< c e E CE"O "0" go~ .! "!. c'" ... ~_.- c .!!c"! !! Q..- en !i!c~ ~c 0 !;=coo ::: SeO 2:CDo .- ! ~__ CD "c " - ~ :>a:~c'" ~]-"OE~ ~1'5: o E~~ ~e.c ,S<( ~'>.c. oS roU ro(") .- " i~ W c goc.. c C to 5i:~ Ul <<IeDo1:... .cz~....; ~ "._ .gu :J._ i.2 :JoC)- t> ~'g .. .. o CD .0 O+:;E;: o CD._ .- ~ 0 ~ CD. :0- u.!! l; i: ~ Ucoc"C u..'" ~o a. l:>~O~~ ._.J:. en co fn .cg!~o u ~ j!!-oin ..c'-OC ~ c .""...o~_ .c.." 0." a: s::. .- > 15 ~.~,!g EoS "gt;:e"5 ";Ei!fDt; 1::0.-0.01 t:"ii~- 1:: a. "0 ::J 8~~~= oocoCo OG)2'e! o c _ ro oe~- oee o~ a. o:.:::'Zfu ZCJ G) o.CJ Zii:o~ (,/) 0. G) !eo z a... U.. > ~ ~ ~ ~ a: :;::: :; ~ :;::: ~ 0 ." "0 Cl C C C C C <( ~ ~ .. .. .. ~ W -' -' -' !;t a: ;= 3 ;= ;= ,. a: a: .. U U " " " " ~ 0 z z z z z z 0 ..liS M cJL; [ W W I- U ~i!'Z 0 .... ... '" '" .... 0 '" ... '" '" '" ... '" '" ... ... M '" '" ... '" '""We( ... "'!. '" .... '" 0 '" M "l. 0 .... o ...J ai ~ ai ..; N ai ..; ai ~ 0 .,; a:>e( M ... M ... M M M M ... ... M noli. III ... ... ... ... ... ... . ... ... ... ... ... I- o U I- Xe(Z 0 ... ... '" ... '" '" '" '" 0 '" Oa:::J a: 1-0 '" 0 '" ... '" Q) '" 0 ... M M Q) 0 .... '" 0 ... '" ... ... '" ... noZ::!: ai ui N ai ai ..; .,; ~ .,; Pi 0 noO e(Ue( M ... ... ... M ... M ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... - ...J W 0 Oa: < '" C '" ::J <( :I: w Zo ~ ... Z Z ~ w w U w titi ~t; ~o: 0 ~~ .... ~O ~ ~'" ~o: ~Z 0:; ~ oU 0 0 0- 0><, 00 0", 0<( 0 :g~ C "'~ e(e( ~ :g;: :;;< ",0 ~U O...J M'" ....0: .......J a: a: <Ow "'0 "'... ~:$ ....... ....... :;:<( ...<( 1-1- MW ~:5 ....... ....Z "'0: ~O ~O "'OW Q)Z ~.... ~'" ~O ~'" ~o: ;;:~~ ;;::; ~O ZZ ...Z "'0 ...<( ...:; ......J ...~ ...~ ...~ ...- 00 <(...J <(m .... <(<( <- <(0 lS~ <(:; <(<( uu u:5 uif <(- <(- <_0: U'" uu uu u_ UU UUl!l UC uz lIlu. a> $ a> tl '~! a>. tl tl a> Gl a> j:0 co \; #~ #\; Gl #\; #! #~ ~ 1i)' #\; #\; .!:#'Q. ~a. #- ..- ...- ~'Q. ",- M- <CO 'EoE ",a. ",a. ...a. ",a. ....E ...a. Me ...a. oa. ...E . E ...E o E .E ....E . E .E I-Z> Ifqo . 0 ~o 00 MO "0 ":0 . 0 NO 00 MO lIlWu. OU ",U ~U ...U MU ~() ....U IOU ~U ~U ~U ti g- co co co co co co co co co co WJ:w e e e e e e e e e e '0 '0 ~ '0 '0 '0 '0 !;; '0 '0 '0 ,""lIll- e e e e e e e e e e OZe( If If If If If If If If If t. If a:-O noli. ti ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ;20 ~ e Q) e e e ... e e Q) e Q) - - - wl-W ~ ~ ~ ~ ~ ~ ~ ~ ~ ... ... !2 !2 !2 ... !2 !2 ... !2 ~ ~ I-ZZ co - - - - 0 0 0 0 0 0 0 0 ~ ~ e(0~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ OUlIl ~ ~ ~ co e ~ co ~ l!l ~ co l- e ~ ~ a> l!l ~ <; co e U ~ co co ~ Gl e Gl l!l ~ l!l co e co co e( ~ l!l e co co ~ co <; l!l co a: ~ e Gl Gl a> e e e l- e l!l co co co ~ e a> e e co co a> 0 ~ Z ~ e co e .... co l!l Gl e e e .s:: co co 0 co co ~ e ~ u co Gl e ... <; co ~ co e > e l: U <( e a> e 0 ~ U e a; 0 '" 0 <; II. .... a> 0 Gl .... 0 co .... .. " ." a; C ~ . a; a> co 0 " co a> co e a> a. - e 'C $ :; W ~ e Gl " Gl 0 Gl 0 0 e to i5 0: :s a. e E a; .~ III co 0 ~ .E co ~ co 0 '" .... co .>< U '" 0 Z ~ 0 no - e e <; - - <; - - 0 ~ 0 0 0 0 0 a: co " E a ::J l: ." co l: .~ l: l: l: l: ~ 0 co a; no U U 0: ... U U U U U U > a: 0 , 0 co co co co co co co co co co co .!: .!: S .!: S .!: S .!: .!: .!: .!: W '0 '0 '0 '0 '0 '0 '0 '0 '0 '0 '0 I- >- >- >- >- >- >- >- >- >- >- >- e( u u u u u u u u u u u a> a> a> ., a> ., ., a> '" a> a> U 0: 0: 0: 0: 0: 0: a: 0: a: a: 0: ..-'I~ dP ... o W W I- CJ ~ O.Z -,Zcl: OW-, a:>cl: a..lLal l- . CJ I- )(cl:Z oa:;:) a:l-o a..Z"", a.. 0 0:; cl:CJcl: -: oa: Zo t;t; cl:cl: a: a: 1-1- ZZ 00 CJCJ UlIL ;:)0 I- cl:0 I-Z> UlWIL I- CJ WJ:W -'Ull- OZcl: a:-O a..1L I- CJ ~O wl-W I-ZZ <O~ OCJUl t; cl: a: I- Z o CJ IL o W Ul o a.. a: ;:) a.. > a: o CJ W ~ CJ - ... M ,.: N ... ... en M M M ... :I: U C;:1j ....al 0< Oz ~:5 <0 uen ~ e .. ~ <::I '" a .. e e o I- .l: U .. '" al to <: .. "5 en - o ~ U a .S 13 > U '" a: 8 o I<) ... 8 o o I<) ... - o O~ enlrl ~al ..... <~ Ua: '" litO; ....- oa. . E ""0 _.u >0 ." "'0 06e;:! :I::lEe eo'" OZ~ ~ '6 e '" 0.. - en - !!! N - t! _c:.!!! 000.. ~.!l > od:!? 8:.!! ~ aew c.E.!? ._ = u ....1'; 8U Q) .- .&:. a: ~ .t: lU = ~ t; 2'g~ ii'~ ~ ~ -.; 1n .- 0 :J 2' go." wc..s a .S 13 > U '" a: 8 o I<) ... o 8 .n ... ... ai :E :5< - .:IE en"" 0;:)'011 NW> ....0"" <al_ u~~ '" :!:!."# 'l) OM- :I:,,!'~ eMO OMU I<) en en - I<) en en - N !!! .... N en - .... ?: ~ .. " ~ _c~ 02 co to:.- Ii: 8. cl: > Q. c( 2" "u '" .. e c-Sw ';;'i .!! "'..u .2 c () ~.9 a:'" "'~ ~.! s ..0.. aa.. ~~~ a .S 13 > U '" a: 8 o M ... "" I<) ... 0; o M ... Z < en Z :1j -' MU ~< NWO ....><::1 <9!!! U_O '" ... ~. cr" CD! C)N~' .~M E t)cio <enU .... en en - N !!! co - - M -g~ ..~ e l; 0- .~ en ..'" uu -6~ "'''' ~~ g, ._ ca Q) -Ut:(5 l;~ c '" ~ .. ~een -8.2 '0 .- ~ ~"l: ~ E e a..;S:J 0-0 I-.S U Ol .S 13 > u " a: co CO ... 0; M ... co co ... 0; M .. - 00<::1 "'<::IZ ~~:J NOU ....zt <<w uena: ~ ... c3 0.. < I- o U Ol .5 13 1'; '" a: o Ol '" o e .. en 0> .5 13 > u '" a: do-t.f1 o o M <D "" .. o o M <D "" .. en a: W -' U > -U Ow ",a: 0<' -Z ~:5 <0 uen ... lit!! oa. oE ci8 0> e '6 e :. N en - .... N - .... ~ e l! <::I iL < I- .. a; >- u .. a: .. e .. o en o en co <D I<) ... o en co <D I<) .. en <::1-' ZO _0:0 00..:I: ""enu "It <en -en> NWW ....:E::l <...< UJ> .. ~ lIt~ 8E .0 OU a e '2 .. 0.. N !!! I<) - - .... 0.. < I- .. o o .l: u en > .!! .. > a .5 li en .. .. ..~ :Elij ~c3 a .5 13 > u " a: a .5 13 > u '" a: 8 o I<) ... 8 o o I<) .. OZZ coa:Q 1<);:)1- Nal< N:I:I- .q-cnz <<< u:lEen $ lit.!! Oa. oE .0 OU a e '6 e :. N en - N !::!. ... ~ e .. c3 0.. < l- e o .., fl 'c ~ e !5 D .l: .. ~ o o o o o - .. o o o o o - .. en :E W I- en -> oen COW ....a: MO NU ....0 <~ U<::I '" lItJ 8~ .0 OU $ lit.!! oa. oE . 0 OU a e . '2. :. N en - .... - - N E .. '" o Ii: ~ e .. ~ <::I~ "'8- g8. fl ...." =.~ <E ..." U e 'c eo .l:U Uu ~O a .5 13 > U '" a: a .5 13 > U .. a: en "" "" M .... ... o o o o "" .. - o .r;;g ~5 ....al <0 ulrl '" litO; ~...,. Q. 'fi"': E <~8 a e '6 e :. > ~~.; - ~ .. ~o'" .!l 1:: ~ 0<_ M !!! en N - - E .. '" o Ii: ~. ea ca.5 ~~ ",U ge .. .. ~- .... 'cn'c ..$ <.. ..E .9 CD ~:g U:= '" " I-D a .5 13 > U " a: 8 o o .... .. o o o o .... .. o W u:: 02 0;:) co< MZ NO ....:E << Ua: 5 lIt~ oE ~o OU Ol c: '6 e " 0.. LO M en - en N - - M en - o - - N 0.. < I- ~ .g 1;; o o ,g U en ." '" '" 'c ;:) .. e o~ E .. .. ~ a:Cl a .5 13 > U '" a: o W W I- U lrlo,z ,Zet OW-, o::>-et !LlLa! l- . U I- )(etz 00::::> 0::1-0 !LZ"", !LO..:: etuet -: 00:: Zo bb etet 0::0:: 1-1- ZZ 00 uu IIllL ::>0 I- eto I-Z>- IIlWlL b wJ:w , III I- OZet 0::-0 !LlL I- U ~O wl-W I-ZZ etOS! OUIIl I- U et 0:: I- Z o U lL o W III o !L 0:: ::> !L >- 0:: o <:I W ~ U o o o o '" .. o o o o '" .. ~ OOCl ~ClZ COw::J ~CU ~Z> <<lrl UeIla: ~ c: .. c:; ll. ~ '" .S U ~ ., a: o CO ., e c: .. ell '" .S U > " " a: o 8 o ~ .. o 8 o ~ .. oil. ~I-Cjl 0-0 N::>U Cl COWll. "'-ell NCZ ~Z~ << UeIl $ "#-!H oc. oE .0 OU '" c: '6 c: :. '" !<! m N - ~ 0. Cjl o U c: o .~ t::. o 0. .. c: l! l- e '5 ~ ",c: ., l! eCl c:ll. ..< ell I- '" .S U > " ., a: '" o "l. ~ '" .. o o o g ~ .. Cl Z ::; U ~> Olrl ~a: COw "'..... N- :E UI- $ "#-!H oc. OE . 0 OU ., "#-.. ~ 0 a. .-... E 1>aio <coU '" c: '6 c: :. '" m - m ~ ~ E l! '" ~ ~ l! Cl ., . g8 t!2' 'in = ..0 <~ - ., ..a: .!1", c:_ .<:+' 0" "'., 1-1- '" .S U > o '" a: m ~ ~ N '" .. '" '" ~ M '" .. I- Z ~~ Oq lh :::l:S ~C ;53 '" c: '6 c: :. '" !<! o ~ - N ~ l! Cl ll. ~ ~ .. '6 ~ '" .S U > o ., a: o 8 ..; N ... o o o o co ... W a: ",f=~ "'c- "'a:..... NOU ~u.> <xu uoll! '" "#-.. me. "!E "'0 ",u '~ i ~<<t Ci. og"! E ~"'o _"'0 '" c: '6 c: '" ll. ~ !<! '" '" '" (j; N - ~ '" !<! '" = ;;: -g .!!l ~ :> o U E 0 00 ~O -0 'iio >co 0... E_ e-~ ",c: ~~ '" .S U > o ., a: o o o o o '" N ... o o o .; '" ~ .; ... '" '" ~.W "'ell NCl <0 UeIl '" "#-.. "'~- 2_ E 1> ,.: .C! <"'u c: o 0;;; ..- eO .... c: '" co';:: ~.g .g~ 1>0"': ~.Q~ "i!'g -~.. oc:..... c:c CD .2.~ ~ 1ii~E 0.... ..QQ)o "'c:> a:=U) " ~- E~ .." " c: >.. ell..... ;).t:;,l/j o o o o '" ... '" ~ N ..; co ... ..... ~ Z W ~ :; ... Z ~eIlO ~ze: <it> u<ln ., "#-.. ~,... a. .,tj~ E .9('1)0 _NU co !<! N - ~ '" - N - o !<! o ~ - - '" !<! co N - o - ~ .. ., .. .<: ~ +-'= ~ o c: -0 en"Ci; '" .. 0- '~L Cl)C== ....- - ~-g "- .. t.o..J "'c:'" E 0 ~ C'- 0 o':GE .~ 0" >00 .fi"!~ ., ~- E~ .." o c: >.. "'..... o ... o o o o '" N ... U ;;: t:; :; .....:; N()~ -~Cl ~..J~ "'<0 <ZJ: U<ll. "#-$ ",0'" >Oa. ..,0 E <28 ~ m - ... en ., o i! 0- ..~ ., 0" . 0- 1> -a 2'.. f!'a~ '" 0. 0 0"0 oEo -a.90 ~o 'it)ci "E", "EN "'..... c: ~ fn aii ftliS:::J ~oc: O.<:C: u. 0.< E ., ~ .. > ell o 8 o o ... ... o o q '" '" ~ ai ... ell _N 00 coco "''''Cl 000 ;;N <<ffi UUJ: $ ","#- '" >oa. .-... E 1)": 0 <"'U ~ m - '" \D N m m '" m - '" ~ o l! ~ c: .. c: 0 c:"u .g ~ . co =-;:; ~ ~ ~ 0.",0 o u E - ,co. ~ :? ~ c.-e! .!!l!l",c: CDUcnC "'O.s_co 'S; t ~"g .. 1>0;;; ~ Ecacncp lD_lDC 14t:g!! ~ 8 a..!! E " ~ .. > ell , 0' m W W 10 I- .. c.Joc.J 0 0 N 0 0 W Z 0 0 ~ , Z'<c 0 g '" OW... 0 u) o:><c 0 ~ <D 0 0 ~ l1....m ... ... ... ... ... ... I- CXI . c.J I- 0 0 0 10 X<cZ 0 0 8 0 ... 00:::) 10 0 0 0 ..; 0:1-0 ,.: 0 0 0 0 0 CXI ... 0 0 0 10 I1.Z::iE q 0 0 0 0 ..; 11.0 ~ N N '" ... .. <Cc.J<c ... ... ... ... ... ... -: :I: 00: U !Ii ..J W Z Z Zo I- 0 0 :) ~ 1-1- w j::: j::: ZI:)>- c.Jc.J I- ...~ <D~ W lOWZO: m~ ... U <c<c :;l~Z <D::Oii:O 0:0: "'R: exl12 ~12 mZw~ 1-1- 00 Oa: lOa: 5:-~ oow ZZ "'a: "'0 "'0 ..J~ on!5~o "11. "u "U .<<11 .>1:)'" 00 <11. ~l: <I- O~<II Clzz:) c.Jc.J u< u_ ";0< I1.WW Ulu. 1/I.S ., .., 1/I.S 1/I.S ::)0 .,0 ., 1/1.10 1/1..$ .,0 ., 0" I- ~,.... Q. II) 0 CL GOo. <co >00. > 0 i5. .~ ci E ."+,~ E ~qE '+:;0 E 1!:ciE I-Z> co 0 ~~c3 co 0 co 0 t) 0 0 Ulwu. <~U <...U <~U <~U t; .. W:x:W ~ 10 '" ... .. 'Ull- 0 ~ m m ~ !:! - u; OZ<c .. '" ... 0:-0 <D 11.u. I- c.J ~o ... '" ~ ~ ... ~ m ... Wl-W 0 0 - m m I-ZZ '" ... ~ m - - - ~ ... <c0S! ~ ... m Oc.JUl "'" ., on " e gfj (; ~u; o to to- ~ 'E co - 'c ::: ~~~ ,,';; .. CO:GlD::JN '" _ ?;m t; N '';:::; t; c: <0- !~E ., 'S<<i~ 1!.- to e c oem 1i~CQ' ._ C ::J .~ E- ,,~ <c E'~ 0 .!!! E. '~8 . ';Gca co..- :ae.g ., ~CI}Q)O 0: 11)- en CtI)* '" >='...0 ~...t)o I- ...~ ::J._ ~ ., ., '" 70 0 ct) 0 caOcaO "'Q) 0 ct)O a. ...... . e c"C >- .. c-::.o Z o c -c .- cu.:J co en- co(ijf40 ... ~ (ij~ ~ 'C en CQcncC;; 0 :o:g"&~ 0- N~IO ~.!! 00 :GO~ 'ii ....::: ~ftlO* U CLu :J ~ .- - o.c - o nU.- e" .9 ?;.t: en > e........c o e ....-..0. ....E-... ... ~e:2E" Q,tn-S Eo!!! t!'o.!! b e to! CD 0 Q)::JolU.c o 0 ~., oct) a. co oct)C.Cl q) <<8 'i i;.~ .... a. CD > ~ ., .Cl ~ E::' .c~e W ~ ~ .Got; .,. .!!!:!<= Ul -8cU)c~ 1;i?; J95coc lDClJ"2ca ~ e aftlcn8 ",to ~ 0 '>02.21:) Ell) ca D " " e ~ '" c~.n"" 11. e CD t) ca c: eO .- "C tam .~ "C = c 0: ~ !5 cn'~ "u ~ C O::J '1:J C'- :J ~ EO 'S; :J:g 0 ::) D.cnE..!? := ...cnc- o ., >:J-cc 0<<10'00= ~S~O ~'5 E e c c C'lOCE 11. .-~.:::O()E c 0._ G.. CD tQ <( n: a.!!! co > 0: 0 Cl E <II W E E E E ..J ~ ., " ., " " < - ~ ~ - ~ I- ., '" II) II) II) 0 >- >- >- >- >- c.J <II <II <II <II <II I- ~- r- '-1:1 en w t- o Z o o '0 o o o ..j '" ... ,:.. a; ~ '" E 'x o a 0. '" ~ o '" '" o c '" .c E " o c '" C> C 'c 'iij E '" ~ ." '" c :;; E o o .e ~ .~ C> c '5 c '" ~ '" ~ " o '" l; '0 ~ o '" en C l! ~ ~~ c.'" .,,'" c C> '" lij '" ~ ~ 0", "'= ~.g O.e 00 '" '" " '" 5 .,,~ '" '" .e~ c :6 o~ 'c;; c ',0 o CJ ",'0 1;;- '" CD ~~ :92 0" "'.e ,,~ .e'" ~ CD . ~ .. ~ ~:o ...-.s. . '" <D- N.g >~ ~g ".- .c ~ CD 0 u.= .e '0 CD "'.e <(t- o o ~ II o o o. ~ ... ." C '" o ... c CD CD ~ CD CD '" '" ~ II o o o o ~ ... -g '" o o q ~ ... c " CD ~ CD co .. .. II o o o .0 N ... ." C '" o o o o c CD " ~ CD co ~ II o o o .0 N ... C '" .e ~ CD 5 ::;: ~ o '" CD ." CD ~ " c i!! " ;;; ~ '" .e ~ '" 1> ~ ~ c o o 5 ..j '" '" > :s ., > .tJ C> C 'c 'iij E i!! o o q '" N ... C '" oS CD - o E " > '" .e o ~ ~ o CD 0. )( " CD ~ ~ '" .e ~ '" '" " .e ~ '" '" -' ~ o t- E CD .e ~ .5 C> c 'c 'iij E i!! 1! c> ~ fiu ~~~1ij O-::l 4) ... aI aX D.!!'........ a. ca'- ~ ca.aal.J: Q).,cuo ~.~g"C ~ti::~ co..!! 0 en :;;oCQ; .uSa::: 1: i'a CoO EO! ~ ::J ~ ai.s. gg;;~ "'Ou1nCO Q) - -.. ri .J: ~ t!.~ b5~E "O.Q,JQ) C-_a. "'tl",<( ",D.", ... ".c::I: E:!o(l) ...CD::JO 8.:.!!!. 0" CD.~E ~.!! ~ Q) _:EoE ~gta.a Oevo.o ......l'I:l",o :o~ ~.... c .... 0 0 0.....0 U.c~co ..... ::J > mOoo =c4!a. C II) "'0 0. ~'c<O = E:,CO"O ,. ~.:s co 1: !'E ~ ego....... E'1:J !. C "c CD :.'iiiE ..1:& "'Q) CD ca CiO+iEc : C C <<I tGee~ .!! ~'> Q) .Ji14 .. . .~ co. CoO> E~c:"C ~=Q)! .- 0 E co J:: a. Go) .... u CD 1:: g ::Joep... .ewe .... - -g~'icn of!1OE c: - G) CD .- ....... E g~ (;::J .... C.D 0 .- 0 co 0 CO.a_'"O c '<( eci~Q. ......CUl CD 50 II) .. :O-E'" "CD E Q)''!::: fn::J Go) E Ri;a4; ....ccoc. 0- ~ ..... >~ 1: _...:JCU ii)1: co E ~il"":t:: CDCDcnca > ClOt) Q. lD "CO Q) .....!!...."O Q)ceL .aGO~ ::::Eo:J ~::Jcn.c ...~ lU ... 2 ~.~~ ....- ~ E :! 1) en ~ . UQ)"Oo.Ui ~"O!cnc ... ..'- w ca g~,,:oO:: ~-2:3~?: m 0 C lIP C '0:;: Q) .n- .2 ti E.~}~ ~ "E W' =off...."o ~o~8.~ o o o .0 N ... C '" .e :;ai Ci:E EJ! .".. '" co .e;;; ~- ~~ ~~ :! .S o "'." ::.~ c .- oj! o " ",'" '" " ,,;;; -Eea O~ co dt5 . :::>-'b Exhibit "D" ASSIGNMENT This Assignment of Contract is made as of the day of , 1994, by The County of San DiegO--- ("Assignor") in favor of The San Diego Solid Waste Authority ("Assignee") . WHEREAS, the Assignor and the Assignee have entered into that certain Joint Powers Authority Agreement dated June 1, 1994 (the "Agreement," to which reference is made for the definition of capitalized terms not otherwise defined herein), providing for the transfer of Assets, Liabilities, Obligations and the Solid Waste System from the Assignee to the Assignor, subject only to certain transition criteria; WHEREAS, in connection with Assignor's operation and management of the County Solid Waste Division, the Assignor has entered into written and oral contracts, licenses and other agreements (including, without limitation, all amendments and supplemeri~s thereto), hereinafter referenced as the "Contracts"; WHEREAS, the Contracts are between Assignor and various individuals, businesses and other legal entities (including, but not limited to governmental agencies, municipalities and general law cities, corporations, partnerships, and sole proprietorships), hereinafter referenced as the "Contracting Parties"; and WHEREAS, the assignment of Assignor's rights in the contracts, as more fully provided in this Assignment, is a condition of the Agreement; NOW, THEREFORE, ASSIGNOR AGREES AS FOLLOWS: 1. In order to induce the Assignee to execute the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Assignor hereby assigns, sells, conveys and sets over unto Assignee, all of Assignor's right, title, and interest in and to the Contracts more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference, and all amendments, modifications, supplements, general conditions, change orders and addenda thereto, together with all present and future rights, benefits and claims arising therefrom. All remedies available to the Assignor under the Contracts are hereby assigned to Assignee. - 1 - ifD-C? 2. The Assignor represents, warrants and covenants that (i) neither the Assignor nor the Contracting Parties are in default in the performance of their respective obligations under the Contracts, and all covenants, conditions and agreements have been performed as required therein; (ii) the Assignor has not sold, assigned, pledged, mortgaged, transferred or otherwise encumbered any of its right, title or interest in or to any Contract; and (iii) the Assignor's right, title and interest in and to the Contracts is not now subject to any lien, encumbrance or security interest. 3. The Assignee shall have the right (and the Assignor hereby irrevocably constitutes and appoints the Assignee as its attorney-in-fact to do so), at its option, and in the Assignee's name to (i) demand, receive, and enforce the Assignor's rights under Contraots; (ii) make payments and give releases, receipts and satisfactions thereunder; (iii) modify or amend the Contracts; (iv) reassign all right, title and interest in the contracts; and (v) take all other actiojlls in respect of the contracts, with the same force and effect as the Assignor could do if this Assignment were not made. 4. The Assignor agrees that it shall request that each Contracting party execute and deliver to the Assignee a "Consent and certification" in the form set forth in Exhibit "1" attached hereto. 5. The Assignor hereby irrevocably agrees and directs that each of contracting parties shall, upon demand and notice from the Assignee, render all performances under its respective Contract to the Assignee without liability on the part of the Contracting Party for determining the propriety or validity of the Assignee's demand and notice. 6. The provisions of this Assignment shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. 7. If any provision under this Assignment shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality and enforceability of any other provision of this Assignment. - 2 - dC-S-~ 8. This Assignment may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except by an instrument in writing and signed by the party against whom enforcement of the waiver, amendment, change, modification or discharge is sought. 9. This Assignment shall be governed by and construed in accordance with and pursuant to the laws of the state of california. IN WITNESS WHEREOF, Assignor has executed this Assignment as of the day first above written. Date: Assignor - 3 - dt>--S'.3 EXHIBIT 1 CONSENT AND CERTIFICATION The undersigned ("Contracting Party") hereby consents to the assignment of that certain Contract dated ____ , between the County of San Diego ("Assignor") and the Contracting Party, which Contract was assigned by Assignor to the San Diego Solid Waste Authority ("Assignee"), by an Assignment dated , 1994 ("Assignment"), to which reference is made for the definition of capitalized terms not otherwise defined herein. The Contracting Party agrees to continue performance under the Contract in accordance with the terms thereof. , Assignee or its designee may enforce the obligations of contracting Party under the Contract with the same force and effect as if enforced by Assignor, and shall be obligated to perform the obligations of the Assignor; provided however, in no event shall the Assignment otherwise obligate the Assignee to cure any default of the Assignor, where the Assignor is otherwise entitled to nonperformance by law. The contracting Party will diligently continue the provision of work, services or goods under the contract, and the contracting Party hereby acknowledges and represents that (i) the Contract is valid and enforceable, (ii) there has been no prior assignment, amendment or modification of the Contract, other than as described in the Assignment, (iii) neither the contracting Party nor the Assignor is in default under the contract, (iv) all covenants, conditions and agreements have been performed as required therein except those not due to be performed until after the date hereof, (v) the sum of $ has been paid to the Contracting party under contract, and the sum of $ has been earned to this date but not paid, (vi) the sum of - 4 - ~ .S,! $ is anticipated to be due under the Contract at its completion, (vii) The Contracting Party is duly licensed to conduct its business in the jurisdiction where the work, services or delivery of goods is to be performed, and the contracting Party will maintain all required licenses in full force and effect throughout the life of the Contract. Date Contracting Party - 5 - );J.~-ss- . . BILL OF SALE The County of San Diego "Seller" desires to transfer to the San Diego Solid Waste Authority "Buyer" the Solid Waste System and the Assets, Liabilities and Obligations of the Seller's Solid Waste Division, as each is defined in that certain Joint Powers Authority Agreement executed between Seller and Buyer and effective June 1, 1994 (the "Transfer"). In consideration of the Transfer, the receipt of which is acknowledged, the Seller, hereby transfers to Buyer the following: 1. Personal Propertv a. Description of Inventory b. Location 2. Intanqible Assets a. Description Executed on at San Diego, California. Seller db-~ . j . . Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: MAIL TAX STATEMENTS TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $.. .... Computed on the consideration or value of property conveyed: OR Computed on Itle consIderation or value less liens or encumbrances remaining al time of sale. Signature 01 Uecla,ant or Agent determining ta~ Firm "ame GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to the real property in the City of County of Exhibit "A" - Legal Description Dated STATE OF CALIFORNIA COUN1l' OF 0.. I los. I before me. personally appeared personally known 10 me (or proved 10 me on the basis 01 satisfactory evidence) 10 be the person{s) whose name(s) is/are subscribed tathe within instrument and acknowledged to me thaI hefsheflhey executed the same In hls/herflheir aulhoflzed capacity(les}, and that by hislherflheir signa. lure(s) on the instrumenllhe person(s) or the enttly upon behal! 01 whIch the person(s) acted. executed lhe instrlllnnnl WITNESS my hand and official seal Signature State of California. described as dtJ-S-7 (Thisarealoroll,cialnota"lIls<,1I11 MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002 (1191) JOINT POWERS AUTHORITY AGREEMENT SPECIFIC REVISIONS WIllCR WERE DEVELOPED BY LEGAL COUNSEL AS A RESULT THE COMMISSION MEETING ON APRIL 28, 1994 Pages: 1, 3, 12, 13, 14, 15, 17, and 26 ~D~S0 SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT (SDSWMA) THIS AGREEMENT is made and entered into by and AAamonl! the CITIES OF CARLSBAD, CHULA VISTA, CORONADO, DEL MAR, EL CAJON, ENCINITAS, ESCONDIDO, IMPERIAL BEACH, LA MESA, LEMON GROVE, NATIONAL CITY, OCEANSIDE, POWAY, SAN MARCOS, SANTEE, SOLANA BEACH, VISTA AND THE COUNTY OF SAN DIEGO, or anv two or more of them, which are local governments in San Diego County, california (acting through their respective legislative bodies and collectively referenced herein as the "PARTIES"). WITNESSETH: WHEREAS, the PARTIES to this Agreement are "public agencies" as this term is defmed in Section 6500 of the Government Code of the State of california; WHEREAS, pursuant to california Government Code A6500.l:t Kg. (the "Joint Exercise of Powers Act"), the PARTIES may jointly exercise any power common to them as contracting parties; WHEREAS, each of the PARTIES hereto has the power to site, develop, construct, maintain, operate, lease and/or contract for disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other facilities and services used for the collection, transfer, management and disposal of garbage, trash and rubbish generated within the territorial boundaries of each of the PARTIES; WHEREAS, each of the PARTIES must comply with applicable federal, state and local laws and regulations governing solid waste, such as the california Integrated Waste Management Act of 1989, as may be amended from time to time (the" Act"); and the Resource Conservation and Recovery Act of 1976 ("RCRA "); WHEREAS, the PARTIES find that it will be to their mutual advantage and benefit to reasonably work together to meet the goals of: (i) siting, developing, constructing, maintaining, operating, leasing and/or contracting for disposal sites, sanitary landfills, resource recovery facilities, transfer stations and other facilities and services, (ii) best practical collection, transfer, management and disposal of garbage, trash and rubbish, and (ill) compliance with applicable federal, state and local laws and regulations governing solid waste, including but not limited to the Act; WHEREAS, the Act requires that each of the PARTIES to prepare a Source Reduction and Recycling Plan, which includes a landfill siting element; WHEREAS, it is the desire of the PARTIES to use any power that they have in common as reasonably necessary and appropriate to aid in the accomplishment of these goals; and dO-bO --- , . 8. "Parties" shall mean the Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Marcos, Santee, Solana Beach, Vista, the County of San Diego and such other local governing entities as may be approved for membership in SDSWMA pursuant to the terms and conditions hereof. The term "PARTY" shall mean any member of SDSWMA as an individual entity. 9. "SDSWMA" shall mean the San Diego Solid Waste Management Authority as duly formed and authorized by this Agreement. 10. "SDSWMA Bylaws" shall mean the rules, regulations and requirements for the conduct of the business of SDSWMA as prepared by the Executive Committee and approved by the Commission. 11. "Solid Waste System" shall mean the facilities and services provided by SDSWMA to the PARTIES for the collection, transfer, management and disposal of the type of garbage, trash and rubbish accepted at Class ill landfills, including but not limited to: disposal ~, sanitary landfills, resource recovery facilities, transfer stations, inactive disposal sites and other facilities and services. n. FORMATION As of June 1, 1994 (the "Effective Date"), there is hereby created by the PARTIES the Joint Powers Authority to be known as SDSWMA, which is formed and organized pursuant to California Government Code fi6500 ~,gg,. SDSWMA is a public entity separate and distinct from the PARTIES. The PARTIF.l\ to this A!!reement. shall have a full. unfettered rieht to dissolve SDSWMA durin!! the thirtv (30) dav oeriod immediatelv followin!! the Effective Date ("Early Tennil1ation"\. Notwithstandln!!this Section X hereinbelow. with resoect to a vote of the PARTlFS to exercise the Earlv Termination omion. one PAR1Y may call for a weiehted vote. and there shall then be a total of 100 votes distributed amon!! the PARTIES in accordance with the nonulation of the renresented PAR1Y as established annuallv by the State Denartment of Finance: nrovided however. that no PAR1Y shall be allocated more than SO votes and there shall be no fractional vote. If Early Termination occurs, this Agreement shall be void and of no further force and effect; each PARTY shall return in all respects to the position of a nonmember of SDSWMA as if never having executed this Agreement, and SDSWMA shall cease to exist. 3 dO~{,( t covenants of this Agreement. SDSWMA shall, consistent with prudent solid waste management practices, enforce the payment of any and all amounts then due and owing to it for use of facilities or services provided within the Solid Waste System. (b) SDSWMA shall continue to provide or cause to be provided the services and facilities of the Solid Waste System for the management and handling of all garbage, rubbish and waste generated by the PARTIES (the "Service Covenant"). Notwithstanding this Subparagraph 5(b), SDSWMA may discontinue the provision of services hereunder within the jurisdictional boundary of any PARTY, upon the request of that PARTY, if the requesting PARTY otherwise provides the service or facility; however, such request for the discontinuance of services shall in no way relieve the PARTY of the terms, conditions and obligations of this Agreement for which it may otherwise be responsible. In no event shall the decision of the Cnmmi"-'lion to 8oorove a PARTY'S reauest to 1)rovide services within its iurisdiction alter that PARTY'S wasteStreaID conunitment under Section XV below. (c) SDSWMA shall take such actions as are nece,""ry to the proper execution of the Service Covenant, including, but not limited to the diligent exercise of the policies, purposes, powers and authorities as specified in this Agreement. (d) Nothing contained in this Agreement shall be deemed to prohibit or preclude SDSWMA from providing management and handling of garbage, rubbish and solid waste generated outside of the jurisdiction of the PARTIES, nor is SDSWMA precluded in any respect from disposing of garbage, rubbish and solid waste at disposal facilities or by other means, which may be physically located outside the County of San Diego; provided, however, that in no event shall SDSWMA provide such solid waste management and handling services where the same would have an adverse effect on SDSWMA's ability to meet its obligations related to the Service Covenant, Financial Obligations or any other covenant undertaken pursuant to this Agreement. (e) Notwithstanding Subparagraph 5(a) hereinabove, SDSWMA may furnish such public service programs to both PARTIES and non-member cities and other regions as shall be determined by the Commission to be beneficial to the. Solid Waste System, including, but not limited to household hazardous waste collection programs, used motor oil collection and recycling programs, and household materials recycling and reuse education programs. 12 ,;)D-~d- , 6. Allllli. At least once annually SDSWMA shall cause to be prepared a written audit for the review of items of accounting (the "Rate Audit"), which shall include but is not limited to: (a) The estimated revenues to be derived from the Solid Waste System; (b) The estimated operating expenses of the Solid Waste System; (c) The estimated amounts payable to debt service; (d) All general accounts, funds and other established accounts or subaccounts of SDSWMA; (e) All investment income to be derived from money on deposit; (t) The estimated tonnage of waste, rubbish, and garbage expected to be handled or disposed of by operation of the Solid Waste System; and (g) A reasoned estimate of the minimum rates, fees, charges and other income for the ensuing twelve (12) month period necessary and required to assure the Financial Obligations and the covenants of this Agreement will be met. The Rate Audit shall otherwise be prepared in accordance with the requirements for such audit as are accepted or agreed.to by SDSWMA in connection with any Financial Obligation. LIABILlTIES 1. Transition Schedule. ~ The PARTIES intend- that the County shall transfer and SDSWMA shall accept the Assets, Obligations and Liabilities, pursuant to the following transfer schedule: (a) On or before August 31, 1994 (the "First Transfer Date"), the County, in cooperation with the General Manager of SDSWMA, shall present to the Commission for acceptance a portion of the Assets, Obligations and Liabilities identified on Exhibits "A", "B" and "C". Upon ratification of the Commission, the accepted Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. 13 dO- (,3 \ (b) On or before November 30, 1994 (the "Second Transfer Date"), the County, in cooperation with the General Manager of SDSWMA, shall present to the Commission for acceptance a portion of remaining Assets, Obligations and Liabilities identified on Exhibits "A", "B" and "C". Upon ratification of the Commission, the accepted Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. (c) On or before June 30, 1995 (the "Third Transfer Date"), the County, in cooperation with the General Manager of SDSWMA, shall present to the Commission for acceptance the remaining Assets, Obligations and Liabilities identified on Exhibits "A", "B" and "C". Upon ratification of the Commission, the accepted Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. (d) On or before November 30, 1995 (the "Fourth Transfer Date"), the General Manager of Commission shall present to the Commission for acceptance the remaining Assets, Obligations and Liabilities identified on Exhibits" A", "B" and "C". Upon ratification of the Commission, the remaining Assets, Obligations and Liabilities will become the property, assets, liabilities, obligations and sole responsibility of SDSWMA. 2. Transition Criteria. It is a material condition to the County's agreement hereinabove to transition the Assets, Obligations and Liabilities to SDSWMA, that SDSWMA agree to accept the transfer of each Asset, Obligation and Liability. SDSWMA shall have a ninety (90) day due diligence period to exercise only the following rights of review: (a) During the due diligence period, SDSWMA shall have a full right of review, approval and/or rejection pursuant only to the transition criteria set forth in this Section XIII.2. (b) SDSWMA shall have the right to assure that each of the actual items subject to transition is as represented by the County; orovided however. that with resoect to anv item relected for transfer oursuant to this Alm!ement bv SDSWMA. the Countv shall have a reasonable oooortunitv to cure problems within its control. In tJte event the Countv Is able to effect a cure. the item sball be submitted with the correction to SDSWMA for reconsideration; (c) SDSWMA shall have the right and opportunity to review and approve any and all documents, bills of sale, titles or instruments of transfer related to the Assets and Obligations to assure that SDSWMA will receive good and marketable title to any item; 14 ~t> "If \ (d) SDSWMA sha1l have the right and opportunity to request and receive the cooperation of the County in securing any additional documentation, alterations or changes as necessary to make any item useful to the Solid Waste System, including but not limited to assistance as may be necessary to make any of the Assets or Obligations transferrable to SDSWMA, negotiable by SDSWMA, to later parties, or subject to any warranty or guaranty of any manufacturer, seller or lessor; (e) SDSWMA shall have the right and opportunity to review and approve all title and other documentation as SDSWMA may request in connection with all real property interest to be transferred, including but not limited to deeds, easements, licenses, covenants and conditions, limitations and conditional use restrictions; (t) In no event shall SDSWMA be required to accept any Asset, liability or Obligation, which has been determined to be adverse to SDSWMA due to the gross negligence or wilful or intentional misconduct of the County in the operation and management of the Solid Waste System. 3. Failure of Consent. Notwi~ndinl! the fOl'Pl>ninl> transition criteria. in no event shall the County Dresen! to the Cnmmi...ion (nor shall the Commission be reouired to accent) any item for which the validity of transfer is continl!ent on the receiot of consent from any third nartv: however. any such items shall remain subiect to Section xm.4. hereinbelow. 4. Transition Cooneration. The County and SDSWMA shall execute any instruments of conveyance or other documents and instructions as may be necessary to effectuate the transition of the County Assets, Obligations and liabilities in an exneditious and timely manner. The transition of Assets, Obligations and liabilities is a material condition of this Agreement and the County's failure to complete said transfer and/or SDSWMA's failure to accept said transfer sha1l cause the termination or unwinding of SDSWMA in accordance with Section XIV hereinbelow. No transition of any individual Asset, Obligation or Liability shall be effective until the execution and proper delivery to SDSWMA of proper transfer documents, as approved by SDSWMA and in form and substance substantially similar to the general deed, bill of sale or assignment and assumption agreement attached hereto as Exhibit D or as otherwise approved by SDSWMA. IS - dD-t...S t (c) (d) (e) County Accounting and Investing Services; Services of County Counsel with respect to ongoing litigation; and County Auditor and Treasurer Services. NotwithstandiDl! the above. the County shaD orovide the services or the County's Solid Waste Division roDowinl! the Effective Date UOOD such tenus and conditions as shaD be established bv seoarate contract to be al!reed uoon bv SDSWMA and the County: orovided. however. that either SDSWMA or the County shaD have the rimt to cancel said contract at any time on the 2ivinl! or a minimum six (6) months advanced notice or can....l1l1tion or the contract ror County services. XIV. FAILURE OF TRANSITION In the event the PARTIES to this Agreement are unable for any reason to comply with the conditions of this Agreement requiring the transition of Assets, Obligations and Liabilities in accordance with Section XIII hereinabove, then by vote of approval of the Commission, SDSWMA shall enter a period of unwinding and recision. The PARTIES of SDSWMA shall, thereafter, execute any and all documents, enter any necessary resolutions and otherwise cooperate fully with the County in the return of the Assets, Liabilities and Obligations to the sole ownership and control of the County. xv. W ASTESTREAM COMMITMENT To the extent allowed by law, each PARTY agrees that 100% of the garbage, rubbish and solid waste normal and customary for disposal at a Class III landfill, generated within its jurisdiction, shall be committed and delivered to the Solid Waste System. SDSWMA may, by vote of the Commission, adjust the percentage commitment of solid waste hereinabove stated from time to time. In no event shall a PARTY be required to commit solid wastes generated by a state or federal governmental entity, unless the PARTY has control over such solid wastes and elects to commit it; nor shall any PARTY be required to commit solid wastes generated by any person and/or transported or disposed of by any self-hauler where such solid wastes are accumulated in an amount less than 50 tons per month. Notwithstanding the above, each PARTY shill have the right, without penalty, to recycle any solid waste by any means selected by said PARTY and all recycled solid waste, other than recycling waste residue, shall be excluded from this commitment. To the extent allowed by law, each PARTY shall establish, implement and carry out a waste flow enforcement program in cooperation with SDSWMA. To the extent necessary and appropriate to ensure that the PARTY's committed solid wastes are delivered to the Solid Waste System, each waste flow enforcement program may include one or more of the foDowing: 1. License, permit, franchise or enter into agreements with solid waste haulers (whether on an exclusive or non-exclusive basis), as necessary to assure compliance with the solid waste commitment; ,:).D-/;'- unconstitutionality of invalidity shall not affect any of the remaining paragraphs, clauses, phrases, and sentences of this Agreement. xxvm. NOTICES All notices required or given pursuant to this Agreement sha1l be deemed properly served when deposited, postage prepaid, in the United States mail, addressed to each PARTY at the address indicated on this Agreement adjacent to the signature line of each PARTY. XXlX. DUPLICATE ORIG~ This Agreement can be executed in one or more duplicate originals, each bearing the original signatures of the parties, and when so executed each duplicate original sha1l be deemed an original of the Agreement admissible in court as evidence of the terms of the Agreement. I This Agreement shall be governed by the laws of the State of California and any legal action with respect hereto sha1l be brought before an appropriate California court. XXXI. CQUNTERPARTS This document may be executed in counterparts and the signatures of the PARTIES sha1l be attached creating one Agreement. XXXII. AMENDMENI No Amendment to this Al!l'eement shall be effective unless annroved by unanimous consent of the PARTIF.l;l nursuAnt to the PrimA" Vote. Further. all Amendments to this Al!l'eement shall be in writinl' and siRed bv the PARTlF.l;l. and each provision of this Al!l'eement and each Amendment thereto shall annlv to and bind the leu} renresentatives. successors and assi~ns of tbe PARTIF.l;l hereto. 26 d).o .f.. ( DRAFT RESOLUTION ;) o-f&Jo A RESOLUTION AUTHORIZING THE CITY OF TO ENTER INTO THE SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT WHEREAS, the County of San Diego and the cities, including the City of , within San Diego County formed an Interim Solid Waste Commission on May 11. 1993, for the purpose of studying whether a joint powers authority shuuld hi: fOfmed to more effectively and comprehensively address the issues of waste management and disposal throughout the County of San Diego; and WHEREAS, the Interim Solid Waste Commission on April 28, 1994. finalized a draft joint powers authority agreement which ha.~. a.~ it~ purpose. regional waste management; and WHEREAS, the joint powers authority agreement provides for a regional governmental authority to exercise powers common to each participating public entity to site, develop, construct. maintain, operate, lease and/or contract for disposal sites, sanitary lacdfills, resource recovery facilities, transfer stations and other facilities and services used for the collection, tranSfer, management and disposal of garbage, trash and rubbish generated within the territorial boundaries of each participating entity; and WHEREAS, the City Council finds that a regional approach to waste management will promote the economic efficiency of waste management so as to result in the lowest costs possible to those using the County waste disposal system; and , WHEREAS, the City Council further fmds that this proposed joint powers authority will enhance the C.ity's efforts to comply with the California Integrated Waste Management Act of 1989. and the Resource and Conservation and Recovery Act of 1976; and WHEREAS, the City Council further finds that this regional approach will be to the mutual advantage of the participating entities to reasonably work together ,to meet the goals of: the best practical collection, transfer and disposal of waste; compliance with all environmental laws; and the siting. maintaining and operating of disposal sites; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of does hereby approve and authorize the City of to enter into the San Diego Solid Waste Management Authority (SDSWMA); and BE IT FURTHER RESOLVED. that the Mayor is hereby authorized to execute the counterpart signature pages appended to the Joint Powers Authority Agreement. .[;). 0 - tel, ARCIIITf:CTS. 1.1I1l,l,1....1',' IVIIIIMl.I{I....\I...1 111\J.\,II,I,\r-.l'l!;' ~-tlL;/{) WHITMORF & ASSOCIATES ARCH ITECTS . 24 May 1994 1\'1111/\,\1l; 'UIIII AI'" City of Chula Vista UI'NITII'UUI'I,'" Mayor Tim Nader and City Council Members SAI,Dll..\l,';RAMII",\I,\ City Manager's Office l"{1"~ljI.\.II(U[SClIIl,!\I.,\ 276 Fourth Avenue Chula Vista, CA 91910 480 CAMINO [lfl Rill S SUIll21K SAN P1EGU.l.A L\2108 11.:>]'111C)(JI7J5 FAX 19604:-\:-\ Re: Request for Proposals (RFP) for Solid Waste Services, City of Chula Vista Information Package Re: Community Resource Recovery Park Prototype Dear Mayor Nader, Council Members, and City Manager: Thank-you for the opportunity to present the Community Resource Recovery Park Prototype to the City Council on 17 May 1994. As stated during the presentation, the purpose was to inform the council of this option of a Serial Material Recovery Facility in response to the issue of solid waste disposal along with responding to the recycling requirements of California Law AB939. A Community Resource Recovery Park located in Chula Vista could be the centerpiece and model for the proposed Border Environmental Commerce Alliance (BECA). This environmentally sustainable project would respond to the following goals as set forth by BECA: 1. Support Environmental Business and job creation. A serial MRF such as the Community Resource Recovery Park would foster existing and new businesses in Chula Vista, create jobs, and cycle revenues from reclaimed goods and materials back into the local economy. 2. Encourage expansion of environmentally friendly industry. This project would encourage the creation and expansion of recycling start-up businesses along with providing a source of secondary materials as an incentive for larger recycling and environmentally sustainable manufacturing companies to locate in the area. 3. Encourage cross-border environmental protection and cleanup. Depending on site location, a Community Resource Recovery Park would provide an environmental clean-up of the site and encourage the creation of surrounding recycling businesses that would follow suit. c20-1I WHITMORE & ASSOCIATES ARCHITECTS . City of Chula Vista Mayor Tim Nader and City Council Members Re: Request for Proposals (RFP) for Solid Waste Services, City of Chula Vista & Information Package Re: Community Resource Recovery Park Prototype 17 May 1994 Page 2 Lynn Froeschle, AlA, Architect designed the Community Resource Recovery Park prototype as a variation of the IN DWELLER Resource Recovery Park that she designed for Teresa Aland in 1993. Ms. Aland incorporated parts of this project in her response to the original RFP for Solid Waste Services. As you know, Urban Ore has been contacted to further explain the functions of Serial MRF. The concept behind this project is to convert trash into resources through reuse and recycling. Whitmore & Associates . Architects looks forward to the possibility of providing the City of Chula Vista with quality architectural services and a successful materials recovery project. Please do not hesitate to call should you have any questions or comments. Sincerely, Whitmore & Associates . Architects ~~ Lynn Froeschle, AlA Senior Project Architect Associate CA #C019016 ~-J:< . ~ Cil ~ . ~ Cl :r: . I ~ j 0::: ::J Cil 0 ~ rJ) rJ) f-t rJ) ::J - - en ~ Cl Cil ~ - ~ ~ - ~ o:l ~~ rJ) ~ j - 0::: ~ - Cil :::d ~ ~ f;I;l< () () <t: ~ ::FJ~ 0 f;I;lO Z ~ e,:, ~~ .. Z ~ Z - ~~ 0 0 e,:, ~ .. ~ ~~ ~ ~ rJ) Cil Z ~ ~ ~ .. 0 Z Pf-t ::J 0 ~ I Oen 0 0 ~ enO () rJ) ~ f;I;lO ~ ~ ~ ~ ~ e,:, ~ 0 0 Z Cil - rJ) e,:, - E e,:, I en ~ ~ Cil 1-1 ~ ~ en I ~ Cil CO Cil ::J P ::J Cl 0 rJ) - rJ) :u ~13 ANNUAL TONS TO OTAY COUNTY LANDFILL 1 CURRENT ANNUAL TONNAGE TO OTAY LANDFILL FROM FOUR OF THE SOUTH COUNTY CITIES IN THE COUNTY SYSTEM. MIXED GREENS ANNUAL TONNAGE % CHULA VISTA 116,500 5900 122,400 33 CORONADO 16,753 21)61 18,814 5 IMPERIAL BEACH 15,943 1237 17,180 5 LA MESA 46.295 g 48.230 A TOTALS 195,491 11,133 21)6,624 43A% 1. A COMMIT OF 50% TO THE SAN DIEGO SOLID WASTE MANAGEMENT AUTHORITY (SDSWMA) JOINT POWERS AGREEMENT BY CHULA VISTA IN MAY OF 1993 WAS 82,399! 2. CHULA VISTA'S ANNUAL TONNAGE GOING TO THE OTAY LANDFILL IS 122AOO. A 50% COMMITMENT WOULD BE 61 ,200 AT THE CURRENT TONNAGE. 3. HALF OF THE CURRENT TONNAGE FOR THE FOUR CITIES WOULD BE 97,746. IN EACH INCIDENCE, THE TONNAGE IS LESS THAN WHAT WOULD BE COMMITTED TO A TRANSFER STRlON AT A COST OF $56 A TON. COMMITMENT OF 50% OF THE WASTE GENERATED BY CHULA VISTA IS 58,250 TONS. COUNTY TIP FEES OF $64.27 X 58,250 TONS = $3,743,727 ANNUALLY. A FIVE-YEAR COST ESTIMATE IS $18,718,635 FOR DISPOSAL AT THE COUNTY LANDFILL. AS A USER. COST COMPARISON FOR CHULA VISTA 1. County System Projected Per Ton Cost Annual Cost User $65 x 5828) $ 3,743,727 Five-year ? $ 18,718.635 2. Transfer Station Negotiated Per Ton Cost Annual Cost Disposal $56 x 175.oooTPY $ 9 JnJ.ooo Five-year ? $ 49.000.000 3. Serial MRF Per Ton Cost Annual Cost Public Facility $14.40 x 125.oooTPY $ 1 JnJ.ooo Private Operations $10.60 x 125.oooTPY $ 1.325.000 Five-year $25.00 x 28).000 TPY $ 628).000 , CV CONSERVATION COORDINATOR, MICHAEL MEACHAM PROVIDED COUNTY INFO BY FAX 5-20-94 , COMMITMENT OF 50% TO COUNTY ATTACHMENT "t>:' STEERING COMMITTEE MAY 11, 1993 ~i4 D......t.'. 51211M 5.1. P.....,1'GIIr. 5151.." Cr..tH: 5/ZllM 5:1. PM .l"M...... UUUOIIU '''4 ..4 18"11 '-U ""I nu ....,...;.1 \Ill. VI" VUULoft 'hun IUNI ".UII' ,- COIIIly of Ion 01_, Solid \luto II"IIlon Totol. for Porlod ,Iuly 93 tIl........ Ilareto ~ -""...... - OfOl' tvc-... To.ol All II... T.... " 1_ " T_ I To.. " T_ " C....ly n,027.4 15.. 22,946.7 93.. 38,"1.0 13.21 15,977..5 SO." 22',642.' 20.11 NI.. Gr_ 9,469.6 1.91 I,m.o 5.. 3,563.2 1.21 5,705.6 2.OX 19.'71.' 1.. eorhbod '''xod 51,~.. 10.~ O.OX 35.' ..01 200.1 '.11 52,231.0 4.11 Greon 6.369.3 1. '.OX 0.. ..OX 0.10 0.01 .... 6,3111.5 '.61 c:1Iul. Vltr. '" Mtxod 47.3 O.OX 0.01 911,841.' Jt.1I 303.6 0.11 93.'199.5 a.6" Gr_ Z.5 O.OX O.OX '.714.1 I.. 3.5 O.OX 4,71'.' 0.'" c.._ -' "'xocI 9.3 0.01 0.01 . 13,299.' 6.51 93.2 0.01 15.402.5 1,21 ar_ 1.4 O.OX 0.01 1,619.3 0.. 1.1 0.01 1,641.4 ..21 001 Mor MlxocI ',231.' 0.91 0.01 10.2 0.01 Dl.' '.11 6.572.. 0.41 er- tn.7 ..21 0.. '.a '.01 ..6 0.01 1.001.1 0.11 ileo/on Mlleed 14.1 O.OX 0.6 0.. 114.6 0.01 "',131.5 26.51 74.710.6 6.91 a.- '.1 O.OX 0.4 O.OX 10.1 0.. I,m.' 0.51 1.141,2 0.11. ENlnl... "'xocl 37,492.3 7.11 o.dlI 2.7 0.. 215.7 0.11 :I'7.l'III.7 :S.51 Gr_ 5,124.'. 1.11 , .t.g , .'.1 : a.. . ".1 . I.g 5.lse.. 0.51 EOOOIIdldo MlxocI 16.844.. IS.. n.1 0.21 16.6 0.. _.. O.D n.7..s 7.21 "'"" :S,613.0 0.11 5.7 o.g 2.5 0.. 21.3 0.. 3,6U.S 0.. '''l:T:;'OI- I.od 0.. o.g 12,G.7 ... 111.. 0.01 1I,7R;2 loill a..... 0.' 0.. 0.. "'.1 0.. o.a - ..... 0.11 Lo_ MlxocI 14.7 0.. s.o 0.. 1,_.7 0.41 D,91'.3 12.. 51,..7 ' 1.41 er- 0.01 0.01 4P.' 0.. 1,__' 0.51 1,147.' 0.111 L_ ...... MlxocI 16.1 0.. D.. 4 952.4 1.11 12,".1 6.51 17,MI.' 1.. a.- 0.7 O.OX "0.. '114.. 0.01 216.7 0.11 m.. 0.01 .0tl...1 CIty a.' O.OX o.a Jr,241.1 12.11 114.5 0.11 37,4M.0 1.41 "'.od G.-o 0.01 '0.. 1,'".0 0.51 1.1 0.01 1,602.5 0.11 OC_ldo .... IS.tl 0.11 14.7 MI.... 71,544.1 0.01 371.6 0.. 74,0111.7 6.. a.- 3.557 .S 0.11 a.OI 1.5 0.01 0.. 3,5SO.1 0.. 'OWl' I.. 12.' Z,J72..S 0.. ',150.3 MI"'" 6.,".a 1.. 312.' 0.01 a.. 0.-. 6911.5 0.111 46.5 0.21 0.4 0.. 41.1 0.. "'.6 a.l11 _01_ 3.m.7 72,6IIJ.7 1.,1".0 6.51 94.670.. NI_ 0.. n.6 O.D 14.. '.11 Gr_ 1,555.7 O.D 5.6 a.OI 5.",.5 '" 1,"'.6 a.1I .,905.3 0.. Ion MorGoo MI_ 411,555.7 10.01 2.3 0.. 2.' o.ox UP.. 0.11 41,711.1 4.51 .... 6,205.2 1.. 0.01 0,4 0.. 11.' 0.. ._ 6,225.. 0,61 ...t_ MI_ 11.0 0.. 0.01 14.1 0.01 15,11II.0 12.11 . D,.... 3.. Or_ 16.2 0.01 0.. O.S '.01 l,m~. 0.61 '.717.' 0.21 SOI_ ..... NIlCocI 9,571.5 2.. 0.01 0.. In.1 0.11 '.711.0 0.91 Groen 726.5 a.l11 0.01 0.01 0.01 726.5 0.11 V,loto $I,OQ~5 0.. M,2 n,139.7 4.ft HI_ 10.ft 0.. 0.. 0.-. ',m.' 1.J1 0.011 .a.. 0.. 5.0 0.. 6,m.S 0,. _Ice MI_ 0.6 0.. 0.011 915.1 0.. 17.' 0.01 m.' 0.1" ...... 1.1 0.. 0,01 0.. a.OI 1.1 O.OX 0_ c;ouney'. 250.' 0.11 0.. 192.3 0.111 59;7 0.01 502.' 0.01 11I- - 12.5 0.01 0.011 0.. 0.. 0.' 0.. IS.' 0.01 No City 11.7 0.. 0.01 26.' 0.. zr.J '.01 65.' 0.. NI_ 0.- 2.3 a.OI 0.. 0.4 0.. 0.01 2.7 0.01 "",..HI_ 44Z,s:so.l to.. D,..' ,... '115,247.1 ".. _,651.4 95.41 1,009,"'.6 92.ft _. er- 44,6n.1 '.11 1,191.' 5.21 II,OSS.4 6.11 11,..4 4.. 76,"'.0 7.11 TOrtl~ Jur. T_ 417,2111.9 100.01 24,610.7 loo.g m...l 100.. Zll,l16.1 100.. 1.000.4A.S 100.. la*'- ~ur. 1CD.5 11.' t.750.7 611.6 S,I".6 To.ol r_ 4II.CIO!I.4 26.....5 _.an.. Zll,1M.6 1,_,_.1 y,,"'ll.2. .' ~-75 ./- .- .. 5~ c,...........:::tt-- \4.Cc... ~ \~ I \.QQ3 ATTACJUlENT "A" CITY WASTESTREAH COMNITKENT* Member Aaencv Waste Tons Chula Vista Oceanside Escondido EI Cajon Vista Carlsbad National City Encinitas La Mesa Santee poway San Marcos Imperial Beach Coronado Lemon Grove Solana Beach Del Mar 82,399/ 80,450 65,566 52,430 44,028 38,149 34,065 32,844 31,399" 31,289 26,371 24,854 15,767/ 15,503/ 14,327 7,663 2.875 600,000 * Calculation utilizes July 1992 population figures as approved by SANDAG e:M -1 t/ INDWELLER INfrastructure Dealing with Waste WELL Earth Restoration a non-profit mutual benefit corporation AprilS, 1994 SMALL BUSINESS: THE BACKBONE OF THE RECYCLING INDUSTRIES and POTENTIAL TENANTS Eileen Cummings, INKY DEW Gary Gordon, n.c, Campbell Janice Wright, Gardens Gardened, Coronado, CA Bargyla Rateaver, Ph.D., Maxicorp, San Diego, CA Nelson &: Sunray, Guardian Spray, Lawndale Steven H. Zoschke, Vermicu1ture Farming, Riverside CA Jack &: Carol McAndrew, One Mile Fann, Valley Center Ron Hurov MSc. F.R.H.S, Hurovs Seeds &: Botanicals, Chula Vista Debra A. Hall, Totally Cool, Chula Vista Ron ECOLOGY WORKS, El Cajon c.P. Deborah Herrera De Piche, Piche &: Herrera, lljuana, B.C. Peter Schultz, Mercury Recovery Services, Monrovia/San Diego Patty Newton, The Right Angle, Escondido Tamsen R. McNarie, MSE Environmental, INC., Camarillo Robert Brown, Robert Brown Minority Vendor Company Frieda Mah, C&:M Enterprises, Cerritos Ron Buie, Environmental Specialty Products, Inc., Guasti Bonnye L. Rowell, Weyerhaeuser Paper Company, Vernon Mark Yeeles, The Body Shop, San Diego Kevin M. Kershisnik, TCS Insurance Services, San Diego 'fravez, Reotemp, San Diego Ed Grangetto, Grangetto Agricultural Supply Co. Jim Sutter, Teleplex, San Diego David Knootz, Geornatics Software, Somis Larry Cooper, Solar Electric Inc. San Diego Mike Corman, tiquid Waste Disposal, San Diego Cat Melvin, Creative Learning Systems, Inc. San Diego Bruce Rogow, Express Recycling, San Diego Gretchen Brewer, Earth Circle, La Jolla Mat Kelly, La Jolla Recycling, La Jolla Billy Jo Shephard, Journalist, San Diego Violeta Lopez G. , Lopez, Cactus Recycling, Otay Mesa Rose Marie B urg, Temecula Oil, Temecula James Johnson, Circuit Riders, Advance Recycling, " Lane Lee, LCL Paper Recovery, San Diego Jo Fisher, Recycling, Bonita Louisa Murray, KINKD's, Chula Vista, CA Kathy Schaeffer, Terra Nova, MAIL BOX ETC., Chula Vista, CA In &: Out Copy, Chula Vista, CA ICAN publishing, Chula Vista, CA Orange Avenue, MAIL BOX ETC., Chula Vista, CA GREAT EARTH, Chula Vista, CA HUNGRY HUNTER Restaurants, RUBIO AND ASSOCIATES REAL GOODS URBAN ORE 1433 Nadon Avenue, Chula Vista, CA 91911-5513 PHONE (619) 422-1145 FAX ~-Tl --- .-/ A_Rn._ Weyerhaeuser Paper Company --- -..~- TIl(2I31I1I_ Fa (2131111- A -, May 24, 1994 TO: Georp KrcmpI Deputy City MaDager CbuIa VIlla FllOM: !In__ WhiIIIcy Southwelt MabtilIa 111....1"'" w~C01llpmy 1m: Update ofSolicl WIlItc__ It Iw come to my atteal:illll that die oity ofClmla Villa II ~.... . _lIIlpantecl _ -.y propam. W.,-mo_""" CoaIpaay ia iatcreal ill dcveJ.opiq . Jel-oIo;p with tho l:ity of ChuJa VISta whereby we would be lDvo1ved ill th8 DQ)'CIiq of paper fibcn co1Iec:ted by tJaiI proQCIL Wo have had soveralllOllVmatiou with T_ AIaad, ad would lib to gmnitm. wmtiq with her ill developiq 8Uda .p....._ Plouo~iC__ be offiatUr .w.-"'ce. llcIpGC\:&dly, ,t. (J~ ~ W~"'_ Coq!lIII1 ltlICl)'diq DiviIaa - ":: ............ ..:u .1P / ---" ...-. --... 0IaSS ReCYCling 'H.Made EaSY . .' . .NOI:A(JNll.j!I....... i:_-''' :.0:0:::::. - ~~Inl \'7'.li' ~IWI'II ~J t rJ' U"'_ B HI..,..._ i!i .~~'1-. Jh =-..:1:..... tfi ,,:,..1" ;;:.. Preperlng glaN for ""vel'''' J:!:l . Removll .n meIaIlldI. ~. neck rlnga ~il :-~ . Rln.. and drain: INM ltabill on. CI~ . Sapul'alo by ooIor: clear, 'ClfHI'l, brown ~. ~=-- . Ohuck with your medcet befOre oniIhIng _ ,,_,. ___. .. cCll1nln reslrlotloM may aPPlY. . , t\~r.;.;J:~~.~~'~~i:. I.:~--.''''' , . '. ,.;, :: ;coI~. "'nelllng.net ehlpplng of uaed gl... : , '. . 'lnapeot for an~ pick out oontamlnants bofor(l they mile wlIh other gIaU In stOrage. '. '. To redue. breakage, Inlnlmlze handllnl) flnd conIad wllh other matrili. In. . " ..' OOMmlnliltdootleotlOll. uta neta and baffle. In,kle oollectlOn trucICt IftCI chI.AM'~ : ;,~:: "iQonVeyor billa In MFtFe. . . . ., . . . .,.., '. '. If etONd outIIda, CUlIet should be p/8Ce(I on ft conor". pad, ncrt on tha QrOw.ld or . '''phall, to IVOId picking up dirt or gravel whO. 'olldlng. . . ,. . .~I_ oontU1er p\8nIa V8I'1ln their oapobnlly to cktaI wlIh COI'ItIrnInInIIIn. wed . . ": ~ lat~ eom. pIanIt may only purdlaae uaecl glll8tllhr ough ClOI'IlI1ltIl'O oullebuppl"" or ..".,,:~~i',..~d~llOUroo.. . . .' , .' ":,,, .cultet II1U8t be shipped and delivered In n manner that meeta IndIvIduII endow. . . nttdt, Ch_ WIlI'I VOW' buyer to dotermlnelle8lrod mothod-roll-offl, trucldoMa, l'aIIW; .),;, !;;tiJYlOrdt,or other m..".. . .:; i ll'.', ~ ::.t~: :.'t'-:I ..... '. . ", ":;::: ~il" .......... . . . . .' .... .' r ..~~ '. .. '-,'. ".. '. " .. cunet la'. vliluable. 1~ rocyclablo looolltock for the gla8a oonhilMr tndutlry. . : . '; . ',:.tulIt!I ~ CIlft oonttnue to Inol(lue If quality contmlll emphallZed. n' ~ lI1e :,,:::::~;:j~~ lnfrutnIcture tan meet .' '. ." ..... "'t~ ........we for ."'. f ..... ~';~;: ;:.-:;;.:~t~, .,. r""...._ ..... manu aclur..." " ;>:;:'t\;~" Tlillla true for virtually all recyclllbles . 1"(f.':' ;:~~i.]:~*Jf;,..;:~. '.' ~'....il~ . i." ':,1 ; . -I .}:..-~.~~ .. '.1. : " . .:;", .'t.."...:"!.. .':.' .;"'~' . . . . ",>;;,..,..,..,;itr'll)-(: .. 1:::..-. ~] . C"illl<-.,.c- r~ ')a.-. ~/"\d ;,j~;~i<;&:7i~j~}i ~'V':>,~ t-I-l ,)\'\'lV~ .-'.1''''-1 I~\--''''l fL' .' .. ,,:'U'" ....;~ .,}\ , ';':0-- . ~.: .....~ .....~l... ,"""i"~"" . ,.;:, ." ': ........- . . ..,',:, ':'1\;' '=--=- . ~, , ..!,~. ~t I,. . '. '?'1 '.}<#.~j~, , Contlmlnante IftCI their ttftoW on manutacturlnt prOOMl . Other Non.contalner GIan - M~ and form lit different temperature tl1an oontaIn- (If gIusti, relUltlng In detecllve product. No COl.1-offocllve moohanlo8l 11'1..". to ..pa. rate thlll ffllln bOlIIt and Jar gIat. . MClIIII$, Cttarnlcl. GravII,'Olrt ..... 'Form stones Inglua,rllUltInOln bteakagt. Lead can oallY darntlge to glMlfurnaoe; . CoIONnlxed GIuI - ColoIfng agente react with ellch other. 08U1ed.teotlvi.ptoClo uot. Interruption 01 produoIIon, . '.' , . ~ : . .,.'::; , " ',\';':': . ~ . t;, . ':;'~'~:~::,' :'~.~~:.~:~ \.,. "j:. .' ". ,.' j '.' . ~ . , ..>>-17 / -:::It;)D ACTIONS ON THE JPA (As of 5/23/94) YES: city (vote) Annual Svstem Tonnaae* Del Mar (4-1) Solana Beach (5-0) county (5-0) National city (5-0) SUB-TOTAL 5,750 15,330 400,000 68.130 "89,210 HQ: Santee (4-0-1) Escondido (4-0-1) EI cajon (4-1) SOB-TOTAL 62,580 131,130 104.860 298,570 NO ACTION: Coronado (5-0) Carlsbad (5-0) SUB-TOTAL 31,000 76.300 107,300 OTHER ACTION: oceanside (5-0) 160,900 (Action to join SDSWMA as an "Associate Member" with no flow commitment, predicated on a number of conditions including $55/ton tip fee, etc.) STILL TO VOTE: 5/24 Chula vista La Mesa Lemon Grove poway San Marcos vista 164,850 62,800 28,650 52,740 49,700 88,060 5/25 Encinitas Imperial Beach 65,690 31. 530 SUB-TOTAL 5....,020 TOTAL 1,600,000 * Based on tonnage amounts used in 6/27/93 Interi. Agree.ent; tonnage for FY94-95 is projected to decrease systemwide by about 22%, approxiMate apportionMent among cities should be the same. ~c -It' Item Meeting Date .200 COUNCIL AGENDA STATEMENT 5/24/94 TITLE: REPORT Alternative to San Diego Solid Waste Management Authority (SDSWMA)-- Transfer station strategy SUBMITTED BY: Deputy City Manager KremPl~l~ ~/ ~ Principal Management Assistant Snyder~ REVIEWED BY: City Manager (4/5ths Vote: Yes_ NO-L) On December 16, 1993, the City issued a Request for Proposals for Solid Waste Services as an alternative to the proposed Joint Powers Agreement (JPA) for a San Diego Waste Management Authority (SDSWMA) . On three separate occasions, Council has received information regarding the RFP process and the evaluation of alternatives brought forward in the proposals. During the last occasion, on 5/10/94, Council deferred action on the proposals so that the City's options could be discussed along with consideration of the proposed JPA for the County's system, SDSWMA. That item is the subject of a separate but related report at this 5/24/94 meeting. This report will address specific questions and direction given by Council at the 5/10/94 meeting regarding a transfer station as an alternative to signing the JPA and joining the SDSWMA. It will provide a focus for deciding how the City should proceed with determining its future course in meeting solid waste management responsibilities. RECOMMENDATION: Direct staff to: 1) Notify Sexton/Chula vista Sanitary Service of the intent to enter into negotiations for the siting, design and permitting of a transfer station, and to return on 7/12/94 with a proposed contract including, but not limited to, the following provisions: a) the design will be able to accommodate resource recovery technology and activities in the near future, such as a Materials Recovery Facility (MRF), serial MRF concept, etc.; and b) the siting, design and sizing be such that the facility allows the City, at its option, to subsequently pursue a full range of disposal site options. ~O(J-/ Paqe 2, Item .l~~ Meetinq Date 5/24794 2) Close the current RFP process and notify proposers that the City may issue new RFPs for disposal options and other services originally specified in this RFP which are not being pursued at this time. 3) Return on 6/7/94 with a draft contract for negotiation consultant services with Brown, Vence and Associates (BVA). 4) Return on 7/12/94 with a report and recommendations on: a) the pros, cons and costs of Local Enforcement Agency (LEA) options; and b) the ongoing viability of SDSWMA. 5) continue to pursue discussions with other cities which might be interested in participating in the Chula vista process. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Transfer station Plan At the 5/10/94 Council meeting, the City Council directed staff to initiate preliminary discussions with Sexton and/or other parties regarding the performance of the siting, conceptual design and permi tting. ci ty staff and BVA contacted Sexton and had a teleconference on 5/17/94 to discuss the possibility of contracting with Sexton for this first phase of development services. Attachment A is a Technical Memorandum from BVA which details the results of the preliminary discussion and addresses some questions raised by Council. Sexton indicated their willingness to work with the city in this first phase and their flexibility with regard to two areas of particular interest to the city Council: 1) disposal site alternatives, and 2) materials recovery expansion. Sexton is flexible in regards to the disposal site and the City can retain the right to direct the waste to a site of its choice. Sexton also expressed its flexibility in terms of incorporating materials recovery activities into the transfer station at a later date. The firm is prepared to work with the City to ensure that the MRF operation is completely compatible with any technology or program the City decides to use. In the attachment, BVA also outlines the pros and cons of the City taking over the entire transfer station process versus having the private contractor proceed and then turn the facility over to the ,;(, (J 9 - .J.. Paqe 3, Item Meetinq Date d). tJ B 5/24/94 city at a future date. Staff's recommendation is to proceed with Sexton because they are willing to and capable of financing the project costs "up-front" ($340,000), costs that the City would incur in order to take charge of the project initially. Should the City not proceed with construction of the transfer station, there may be a viable option to allow Sexton to complete the project on their own so that the development costs may not need to be repaid by the City. This issue will be the subject of the negotiation process and staff will further assess and outline the risks to the city and costs at the end of the contract negotiation effort. AB939 Diversion Attachment B is a Technical Memorandum from BVA regarding the City's need to address AB939 compliance and the role that materials recovery technologies might play in augmenting the city's programs towards achieving the goals. It especially addresses the information recently brought forward by Mother Aland and Urban Ore, Inc. regarding a serial MRF concept. As originally stated in the RFP, the City could expect to need some MRF capability no later than 1998, assuming on-line (and planned) recycling, composting and source reduction programs generated the proj ected diversion levels. For that reason, the RFP required responders to allow capacity in the design and sizing of the transfer station to accommodate a MRF. It was presumed be a near- future use that the city would take on as a specific option once it could be more clearly defined what services and technologies would be needed and desired. The memorandum concludes that the type of project described by Urban Ore could be a benefit to the prospect of meeting the city's goals. It also indicates that the serial MRF concept can be easily integrated with a transfer station if certain key items are taken into consideration in the original design to ensure maximum flexibility for any future modifications. Dur ing staff's recent discussions with Sexton, the contractor confirmed its willingness to work with the City during this process to accommodate MRF activities of the City'S choice at a future date. At this time, it is felt that the transfer station strategy should move ahead on a timely schedule, and this issue is suggested as a key term in the recommended negotiation of a contract with Sexton. It is also noted that, prior to making decisions about what type of MRF activities are desired, the City needs information regarding current and projected diversion rates, how these activities will elDfJ.,. :J page 4, Item ~.fJ Meeting Date 5/24/94 interface with existing and planned programs, costs and technical and financial capabilities of possible vendors. The MRF aspect is an important aspect of a comprehensive, well-planned and cost- effective integrated waste management system. The current transfer station strategy can move forward without jeopardizing future plans which should probably eventually be the subject of a targeted materials recovery RFP process. city Desiqnation of Local Enforcement Aqency (LEAl Under AB939, cities are required to designate a certified LEA to handle all the permitting and enforcement needs within the cities' boundaries, services which range from active and inactive landfill sites to transfer stations, vehicle inspection at hauler sites and inspection of solid waste storage facilities. If a city has a solid waste facility within its jurisdiction and establishes a specially dedicated and qualified staff, equipment and work plan, it can apply for LEA certification. A city can designate itself to oversee these permitting and enforcement duties after providing the California Integrated Waste Management Board (CIWMB) with 90 days notice of withdrawal of the current LEA designation. Then the city must submit an application to become certified for its jurisdiction. The city of Chula vista's currently designated LEA is the County Department of Health Services. The question has been raised whether or not the city should pursue self-designation. This step could be timely since the City plans to have a more active role in solid waste management responsibilities, is considering a course of action which may eventually sever the City's tie to the County's system, and may prefer to strengthen the perception that the LEA services the City receives are independent and autonomous. Another option the City may wish to consider is to designate an already-certified LEA from a different jurisdiction. Both options are recently receiving attention in a number of cities throughout the State as a result of significant changes and cost increases in the solid waste field, similar to the San Diego County experience. These important questions require additional time and research to ensure adequate information is available on the complexities, benefits, and downsides of all options, as well as to narrow the projected costs. If Council decides to pursue to the transfer station proposal, it is recommended that staff be directed to report back on the possibility of changing the LEA designation at the time the proposed contract is presented for Council deliberation. That report would include the pros, cons, costs and a suggested plan of .).o[J..f paqe 5, Item Meetinq Date 5/24/94 ~dp action. The additional time needed to explore the LEA question is not anticipated to obstruct the recommended implementation of the transfer station strategy and would result in a well-informed decision about this issue. The Role of Other cities In the Fall of 1993, staff contacted six other cities to determine if there was any interest in pursuing disposal options along with the city. Those were the cities of Coronado, EI Cajon, Imperial Beach, La Mesa, Lemon Grove and National city. Staff is currently contacting again those cities which either expressed an interest based on an earlier letter or were undecided (Imperial Beach, Coronado and La Mesa). The city of EI Cajon has already taken action to leave the County system effective 7/1/94. National city has voted to join the SDSWMA. All transfer station proposals received by the city during the RFP process included expansion capability and the ability to accommodate waste from other jurisdictions. Pending the responses received from the recent letter to those three cities, it is recommended that staff proceed with formal discussions with all interested jurisdictions as appropriate to their desired level of participation and the project schedule. FISCAL IMPACT: The recommended transfer station strategy for siting, design and permitting only has an estimated cost in the range of $340,000 to $420,000 which the contractor is willing to pay up front. If the City decides at that milestone NOT to proceed, the cost of repayment may be less than the actual cost depending on the terms of the contract recommended to be negotiated by council action on this item. It is expected that the City would remain as a user in the County/SDSWMA system during the period of time that the transfer station development is progressing. It is unclear what tip fees the City will be paying during this time, so it is impractical to project the fiscal impact that this action may have on the ratepayer. .2.~{J -5 05-19-9403:31PM FROM BROWN, VENCE & moc TO 16195855612 P002/010 ,.' Attachment A ~;;~=~ ~~~=~ ~ Vonae a Asstd_ EnffWilnd . TF..cHNICAL MEMORANDlJM WastOMaNQClIlOlll EnGIneer< 120 MontCome'Yso.el Soile10lXl San Frandeco CA 04t04 TO: George Kremp1, Stephanie Snyder 41&'434-0900 . 4151966-f220 FAX :i-C 1:wq~ ;c:.~;~~"',;:';" ~':""~"'~" ~8 ...:... .'-' .., . ,-~ ''''.--- ~." ,. -, , ....-.~ ~ .......",\2.'.-0....', _. .'_ ..... 13~"15"'~h^"( C'l":)/~' " DATE: May 19, 1994 RE: Proceeding with Transfer Station Siting, Permitting, and Conceptual Design Work 1",:,_ ',~ ~:: ,!' SUnllllaty . Brown, Vence, & Associates ~V A) was retained by the City of Chula Vista (City) to conduct an evaluation of the proposals the City l:9C8ived in response to its Request for Proposals (RFP) for solid waste services and compare the cost proposals to the option of participating in the Cuullly ~ylllelll. BV A pl'CSeJltod the flndings and cecowmead3.Uons of the evaluation p~s and economic analysis to the City Council on May 10, 1994. In acldition, BV A submitted a report (dated May 4, 1994) to the City that presents an overview of the proposals received, the evaluation process, results, and recommended ranking of proposals. The report aha contains the economic analysis, assumptions used in the analysis, methodology, results, and sensitivity analysi~; 'W .:") Throiigh our evaluation of proposals and economic analysis of the County system costs and proposa1. costs, BV A concluded that although the economic analysis projected potential cost advantages of leaving the County system, several uncertainties are' associal:Cd with both leaving the COunty system or remaining in the County system; therefore, the Clty should keep its options open for another year. That is, the City should not commit to the County system and should not commif to thO transfer station by entering into negotiations with a selected proposer for the Pflnteclon Recycled - ;/.08- ? ~ 05-19-9403:31PM FROM BROWN, VERCE & ASSOC TO 16195855612 P003!010 transfer station oonstroction and operations. By keeping its options open for another year, the City can examine how the County system changes and costs evolve and further investigate alternative disposal sites. BV A recoenizcs that by postponing a decision to commit to a partieu1ar solid waste system, the City may lose valuabk: time in its tnwsfer station development process. To keep the option of leaving the County system viable and implementable within II xeasonable timeframe, BV A recommends that the City initiate lhe first phase of transfer station development. The goal of the fint phase of development would be to si10 the tran4fer IltaUon, p~ Ii cum;cplual design of the facility, and perl'orm tbe permitting work. "l~ . .", ' "I;_:'~_ql. ~la:.t2- ~,;g."",idfI~;~~WQu1dm~t-'\~its'GptiOnS ef~iticlMililitiitilie - .. . I J' ,',_,~ ,,_,.\r J... ::~n\;- .'.. 1.:.1 lir~')'rT~,. 'rr~rr- County system or selectlng an alternative disposal site outside of the County system. If the County system proved to be the most practical and economical option available to Cbula Vista, the City would stop the transCer slation dcvc1opmcnt. Under this scenario, the selected proposer may have invested between $300,000 and $500,000 in the IIan8fer station development that the City may be obligated to reimburse depending on the negotiated terms of agzwment, or the City may hAve'incurred a portion of the tranSfer statlon doveJoPmeilt ex~ and would Iiot be able to recover theni. If, however, alial~ve disposal site is the mOst attractive option to the City, it.,'effcirt.'t in the t"msfe1" slJlrion work would be .......li..'l'I. The City would then make its final selection of and enter into negotiations with a transfer station contractor to provide <:<Instnaction 'and operations ""ices. 1n moving forward with this process, BY A recoDllnends that tile fuUuwing .l/:plI: . Select an approach to transfer SWIon development (i.e., determine if the City or selected proposer will1akeleSpOllSibllity for the transfer station siting, pennitting, and ooncoptual clcBign worlI:). . ... If the City will perfonn the siting, permittillg, and conceptual design worlt, it will need to evaluate the availability and expertise of its in-house stlff and assess' the need for outside assistance and contract with consultants elf necessary) to provide technical assistance. . . It thb City dete:nt1ines ro work with a selected proposer to provide the sitlJlg, permitting, and conceptual design work, it should select Sexton/Chula Vista: SanilaJ'y Service (Sexton) and enter into negotiations for siting, permitting, and coneeptual design of the transfer station. In addition, the City shQu1d negotiate a price extension for the. constroCtion and operations cost proposal submitted by Sexton. . Delay the decision on joining tho County sysU:m and negotiate a short-term non- member agreement with the County for disposal services. '1'~.Ol\COUI!I\TOI)BVa.'IQI <<Jill'''' ........ 2 . .;2.()8-1' 05-\ 9-9~ 03: 3\ PM FROM BROWN, VENCE ~ ASSOC TO 16\ 95855612 POO~!O\O , . Research the possibility of Chula Vista """""'Ing the Local Enforcement Agency for its jur.isdictloD. . If Sexton is pmfODDing th~ lMItVice:s fur !.he .Iir6L v'- uI developmenL, lhe Cily should work with Sextxm to establish siting criteria., design guidelines, pennitting schedule, and other puametem reJated to the facility develapment. f'. e If Sexton is peIfunnina the services for the first pbase of development, it will be critical tbat the City closely monitor Sexton's work to enaure that the City's needs are meet and that activities are proceeding as scheduled. 1be City may also want to participate in the meetings with the regulatmy agencies. 1'1'(..", . Bslablillh milesLOne dales or cvenl.ll LIuLl. wiD IIiggu the Cily's review of !he Counly '. a~Il1.. ~1Jte~e~'~OII8. 19~eifthe~~9~devi!lopment--.... ~"r,-':1-~~ o?,?'r'~ ah&u1d p~:~ThJ~,.;,t lIIariioltiaelllii:.iating an RllPpro'ceaa for disposal services, conducting an economic analysis, or meeting with prospective service providers. · Develop an action plan outlining the stmtegy and tasks associated with the transfer station development, review of County system and alternatives, and integration of ~tepa1s recovery activities. . '.' Approach to TraI1lfel" Station Developmeat The City may IIJ.'l>I08Ch tile first phase of the transfer .station deveI<IllD;1eDt in two ways: contract with Sexton (or anotherproposer) to perl'orm the sitmg, pe~itting, and conceptual design work or perform these services themselves usl.Dg in-house staff with assistllnt'.A from consultants as necesSll!:Y. (These alternative approaches were p~ as options 3 and 4 in BV A's May ~ report.) If the City proceeds with the first plwe through a contractual mangemcnt with Sexton, the adVllD~ee incl.udc: . Sexton will fiDanco the siting, permitting, and design activities. . ~ City will tab the benefit of the lUlP and evaluation process. . No time will be lost in moving forward with the transfer station option. . Because Sexton may be the facllity opellItor, it is advantageou5 to have it involved in the SitiDg, facWty <Ieslgn, and permitting process. Diaad~'iBges of working with Sexton may include: p;\OW\"",,"OllCOlU\UITIJlI)JmIL.TCK 0$11_ 3,n,... 3 .;2.P[j -7 05-19-9403:3IPM FROM BROWN, VENCE ~ ASSOC TO 16195855612 PODS/DID . In tile ewot the City n-nn;n.t\'.s work with Sexton, the City may incur costa of repaymg Sexton for the work perfonned (up to $340,000) and an additional compensation (up to $80,000) for antieipatJed profits subject to negotiations with Sexton. . city 10_ some eonb'ol of ptoeell, scbeduJe, and di'lOOssions with regulatory agcncie8. This option of working with Sexton is dependent 011 negotlatiIIg a 1'CI18OIlablc agreement that will allow the City the &xibiIity it needa and a RUODabIo lovel of control or input in the siting, design, and pennittiog work. If IIllgotiations are not snccessful between the City and Sexton, tile City will DOt to need to make other provisions for the tIlII1S1'er station flTst phase of '''If 'n C' """'~oninents2tviceg"'J 'T^,:r" " -'\C^,,"""~~ ,^,^-;";"-~^\O ' ',1",/', I" . ",-,,"""'- 1:-. ,- ':. ~.. "':cr 'rJ,;;;:,-"'-':'".T-m, ' :,:' ,-, !.'- 'I ~ :'1;' J' ''1' " . , ~ If the City chooses to handle the first phase of the ttansfer station development, advantages include: · The City hu full control oyer the process including siting and design. ,I' · Tbecity leaVes all of its options open. ,'1 · The process may be simplified by Xl'.ducing tile number of project participants. Disadvantages of tbe City movmg foxwant on its own include: .' . The City will need to provide the funds for the first, phase of the tJlII1sfer slatioQ developmllDt activities. . Tbe City may have to ,...,lniri"h' the RFP ,PrOCei:S for trander mtion condnJCtinn and operations services at a later date. . The City does not have the technical expelIise to perform the services and would need outside assistance. Dismsslons with Suton At tile May lQ, ,1994 City c;otmci1meew% the City Coonc1ldiIected stafftoiniti~t"prelim;nllry discussions with Sexton and/or other parties regaIding the perfonDance of the siting, pennitting, and conceptual design work.. The City and BV A contactecl Sexton and had a teIeconference on May 17, 1994 to discuss the possibility of contracting with Sexton to provide the first phase developroent services. In order to facilitate tbia tckconfc:rcnce, the City and BVA pl"Cpaml a dcacripeion of the scope of servicea rcquiICd for the fint pbase of dcvoloplilentof the transfer VI\SWI9S03:'01__TU>~vm.TCH 0$119". 30>>... 4 .).tJ IJ ...)P 05-19-94 03: 31 PM FROM BROWN, VENCE ~ ASSOC TO 16195855612 P006!010 station and a list of contIaclual terms (term sheet) that needed to be discussed, The scope of services and term sheet were discussed during the te1econfe:rence, and Sexton provided a written response following the teleconference. ,. Sexton expressed its wiDinpess to wmk with the City in this fltst. phase of transfer station development, Sexton indicated that it would perfomIlhc scrvicea (at the coats outlined in their proposal) W $340,000 or Jess. Sexton emphasized that the implementation $Chedule in the proposal that outlines the permitting and design process is still valid. Furthermore, Sexton off~ to provide the fullds for thoso sozviccs under II. provision tbat if the City tenninates tho transfer station development with Sexton, Sexton will be reimbursed for its expenses (up to $340,000) and receive additiUllll1 cumpensalion of $80,000 to cover anticipated prof"rt on that '.' uortioa.' f . '.'. :!liixmn:- . ... ..:.;;t..... ....'.t:Iii;... ~.' . ". "^,,-u.ati . .... f'ftriol." . "'-."'" .......". ....8fS'lmd - !)r,""I,)-r~"U5T::jCf ~~:J'1K.---""'iF~ i~ .o-r~. . ~ ODS 0 "~nr~''r':';' co additlonal compensation if sexton decides to p with the transfer station development, the City transfers any transfer station permits to Sexton's name, and the City does not impede Sexton's ability to secure local permits. The final reimbursement amngements are subject to negotiations. "I, ~ Our diSCtissioDS with" Sexton hi&hli~hted Sexton' $ f1ext'bilitY wi1h' regard to two issu~s of partkular inteJ:est. to . the City' ConneD: ' disposal aile IIlt.emll.tives and materials' reoovery explU\sion. . In particttlar, ~n indicaed that it is flexible in regards to the disposal site. The City, if it chooses, could retain the right to direct the waste to a disposal si1e of its choice, and Sexton will provide the traD$fer and hauBns ~ aeecledto move the lllaterials to the Clty~ designated disposal site. This flexibility will allow the City to defer its selection of a disposal facility. The City wm have an additional year 'or more to cootirIue ita exploiatioo of altcmativo disposal site opIiDi1s sUCh as tbose presentM inthc propoSlils, La PaZ County or other options, and to follow the development of tho Quppu LandliIl. Soxton also expressed its tloldbllity in terms of ineorpora1ing materials recovory activities into . the transfer station operations at a later date. Sexton .stated that it has .no predisposition toward any specific tecbnology or materials separation pIOgl'B.Dl" aDd that it is "prepared to work flexibly with the City so that the Material Recovery Facility operation is in complete concert with any technology or program upon wblch the City may decide.. . This flexibility will allow the City to entertain such material xecovery concepts as those presented by Mother-A-Land, Urban Ore. or other vendOIS if the City so desinls. Throughout the disl;uasiODS; Sexkln offered ita commitment to the oosta as presented in the PJOPOsal and iDdk:atecl its willlilgftess to negotiate a price ext.en.ion on the construction and operating costs with adjustment for inflation. ':\$W\,,*,".OIICOIW!a\TOI>J;VIll.TQl 05/1_ 9.23,.. S .2.pf! -II THIS PAGE BLANK 02..1))j'" ) ~ 05-19-94 03: 31PM FROM BROWN. VERCE & ASSOC TO 16195855612 P007!010 Attachment B ~~ ~~ 8rawn, VImII & AlsHl.... EIIIW IIJl ". TECHNICAl, MFMORANnUM w...._ EOQi..... 120 UMlgM'''Y SIr811 501'01000 !)an F,afIdMo OA !Wt04 '10: George Krempl, Stepbanie Snyder 'lll1484.Jl9OO 41 SIlI5H220 fAX "':. ".,. ~ ("'J' ';-ol~M;\1' R1lth~C.~ . ,"I _'~~ v ,_:.. -~lI.I'" ''':~[\T, ...._~,..",...L _ ',"':"'"'110""0'1 ,.., 'LA _ .. _. ...., ._, ._ .......... ,. ;,,,,,,,__,~""."'.""'._',-,,".____'._". ~,.._~ T~~(,1" ,~ /';.~"'''', .0.1 c: 1 "'5':"':;~ 1 'l > ' ./1-. "''1!,r- ,Ii" 'I " DATE: May 16, 1994 ""1'\"'"",,,,",,,',' RE: AB 939 Compliance and the Serial MRF Concept l'",- ~ : I '.1'! Snmm.ry Tho City of Chula Vista (City) will nood to moot AD 939 diY_ion requirements of SO pe1'Q8Dt by 2000. At this point, the City has implemented several divexsion programs including curbside' recycl1ng and. resldeDlial yam wasre co1lert\Qn and llbuuJd bo wdl on its way 10 meet AB 939. ' requirements. However, the City has DOt formulated a strategy on achieving the 2000 diversion' requirement and will need to address tbIs in the near future. ~f1: , .~r~;' 1-' If the City proceeds with the transfer station siting, pennittlog, and conceptual design work, the, ). l: City should maintain fI.cxJ.'bility in the f4cility design to allow for the logical development of materials recovery activities in the mtute. Such deJign CODSltlAl'Ations may include providing :adeQ.Uatc area: fdr"the IeCei.ving and materials recovery activities, stoJage of recovered materials, and loadout of recyclables. Brown, Vencc, & Associates (BV A) has reviewed the sorial MRF concept presented by Mothor- 'A-land am Urban ore, Inc. The serial MRP ~ may oft'erdmia'viS!a a: merIlOdio divert materials from the waste stream that could be integrated with the transfer station at a later date. PrtllbldOR RlCydtlI paper .1"""':Io:J'1.:01\~J.CJU' ~/1f,j~4 :kl1rm 1 , ~d[J-IJ 05-\ 9-9~ 03: 3\ PM FROM BROWN, VENCE & ASSOC TO 16\ 95855612 PODS/DID ~' This option can be considered when the City looks at its alternatives for meeting the AB 939 SO perceo.t diversion requirement. Background The City of Chula Vista requested that BV A amtact UIban Ore to: r" . Obtain a better undenta.nlfuJg of the serial MRF concept and the potential of serial MRFs to divert materials . Assess the posaibility of integrating the serial MRF concept with the transfer station ~.., . In..! '-r( n"~' ";hBvBtftte '1lf~r.qi~~~'~~~"gtransrer;~~ ,wer.inons to- include serlal MRF elements at a later date in order to reach the 50 percent diversion goal . Discuss how a serial MRF design could impact the transfer s!lItion site and design or contract anangcmOllts. . ~. i ~ _' "] Findinp . . BVA staff spoke with Dan Knapp, president aDd genend manager of Urban Ore on May 13, 1994. He ap;ed that the development of a 1ransfer station could be integrated with a serial MRP.'The ierial M1Ul eleIl1ents could be incoJPOrated into the tmnsfer elation at a later date, although it would be desirable to include them in the transfer station design and lUlplement some of thoelements 10 tbe short liN:m. Dan Kllapphad not seell the Motber-A-Lalld proposal; hoWever, he bad seen a COllCeptual design of the proposed project. He said that U:tban Oxe would be Interested in working with the City directly or as a subcontraclOr whh the tIallSfer station designer to inCOlpOrate the serial MRF concept. He alao encouraged the City to wOIk with Teresa. Aland to find a niche for her company. For example, MoCher-A-land could oontract for the yaM dcbria pI'OCe3Sing on a site near the. tran3fer station or as a. serial MRF oomponent within the transfer station. The following is a summary of our discussion. Serial:MRF Concept The serialMRF is a ~ncept developed by Utbail Orc, IDe. to describe the independent and . - interrelated materials recovery activities that can occur in and around a transfer station or landfill. either by design or by clreumstance.' The different activities can be operated by one ;' _. '..n. t ne1!lrm "..n.l MlU'" _ ooiaocI by TOIll Pad., R..yoIIaJ PIv_ MIDapr tor1ho AJweda Co"oIq Reoyolin& 1kNri. OIherIODlIB for dtla COIlOellt iaclude "lnrepalOd __ RQOVOJ:Y toclll\y" ud """,yo!inl<...d lmI1Jf.. 1WIot1" . 1'\SW\",",a.ot\OO~ '51"'" ,,",.. 2 e:z~IJ- ;,/ 'fI 05-19-94 03: 31 PM FROM BROWN. VENCE ~ ASSOC TO 16195855612 P009/010 busi.oess or many and can occur within the transfer station site or nearby. TIle Idea is to give generators who self-haul their materials to the facility the tglOrtunity to IlOIlJ'Ce-sepaIlIte their materials and pay less to have them recycled or reused than they would pay if they commiDgled the materials and paid the tipping fee at the transfer station. i;" Urban Ore has documented the existence of a serial MRF at the City of Berkeley Transfer Station where numerous materials _cny activities happen within and arotlnd the site. The garbage tl"llll8fer activity consists of municipal garbage woks hauling midential and commercial psbage to the transfer station wba!:e it is tralIsfornd to trailen for long-haul to a remote landfill site. Materials recovery activities, many of which are perl'ormed by independent operators, include the following; 011;..... '.....'~ ,.'.." ~ ,",""" .,. ~".">>' -, ",~,-_,'""";",,,,",.'" r,r,..,o",n..I., 0,~'.'1".:'..'~ cpr" ~'r'VN ;r~}T(-' ACe".-,' ~O .1~lO"c-"o '"rO/.r1n. ,1 , ,11 . . .\.', l., , ,~" 1>, ,,, , ' ,I ~ .1", I ' , . A drop-off and buy-back center adjacent to tbe t:ransfer stalion, where generators can recycle many different gradea of glass, metals, and paper. . Curbside recycling processing area adjacent to the transfer station. . Floor-sorting operations on the transfer station floor to scavenge materials discarded " ' :'byJ the residential and commercialgeneratoi's.Reusable or 1'eC)'clable. items are di1(efted for:ICllSe and recycHng; lnClutfillg1'lunitlq'e, melals. and other reul!8b1lp household items. Tbese itemSanl either processed and sold to commodities dmlcII .. . or' otber reuBe businesses or sold to t!iC pUblic at the gCII01'8l stoxe and bullding materials exchangeseveD1 b1oc:b from tile transfer station. Some Items such as wood and CCol'llDlics (unuaablo bricks, concroto, etc.) aro givon away. i, . MaterlalJ exchange Imilding wberegeneratol'll deliver huilding materials' such y bricks, lumber, windows, doors, and sinks in CltCbangc for cash or trade credits.. , In additi~ to these activitie$. Urban Ore staff have identified a n~ber of other materiab teCOVerj buainee_ operating nearby inclucliDg, soil blenders, buy-back centers, and used goods . retailers. These businesses form the oomponents of the decentralized portion of the serial MRF. Urban Ore. claims that all the activities !bat comprise the serial MRF recover approximately 8S,OOO tons per year of materials. SinCe Betkeley has become a regl.onalllUb for recycling and reuse, mw:b. of the tonnage diverted comes from nearby jurisdlctions. Urban Om indicated that the City of Berkeley, which \andtills appro-rlmateJy 90,000 tons of municipal w~ per year. recycles appioxlmate1y 35 pm:cnt of thewasle generaled. ACCOIding to Urban Ore. t~ recycling rate is directly attributable to the serial MRP activities, which Includes the activities of the drop-off and buy..back center, ClUbside recycling programs. as wen as other independent IeC)'Cling activities. BV A has not confirmed any of the dive.rsl.oD. quantity informaticn ":\sw\"Q82.,Ol\OO~,NJdt 05/19". 'dip 3 .2,(})(t -I> , 05-19-94 03: 31 PM FROM BROWN. VENCE ~ ASSOC TO 16195855612 POlO/OlD ';1 ,~. particularly with regard to what component(s) of the materials recovery activities contn1>u1ed to the total diversion estimate. AI'" Urban Ore has taken tho concept that evolved in lWtr",l". over a number of years and designed serial MRFs for other iurlsdictlona. Its oriPIal desien for the SOl~oma Counly Serial MRF included drop-off s1ations for reusable and :rec)Clable items ahead of the fee gate at the refuse tra/lsfe1- station. Some fec-for-service activities sudl as yard debrls, wood, and ceramics drop- off services were included after the fee gate. Thus, genemto13 could recycle their materials for free or for a lower Jato before paying the tippmg fee and dlepo$iog of tholr malll:ciaIs as waste. Urban Ore is developing a generic design fOT integrated resource recovery facilities (lRRFs) for the stale of West ViIginia. These JlUU<s incotparale ~ Bt:lIial MlUI c:oncept and can be !F":l~~I.'~~fi~~~~,~te= t !,C~^~"':~Q ls:05'r~r:i; ""0'0/'10 ",".L ..... .... ~'I., Integratiq a TraDSfer Station and Mattdals lleclovery Activities The transfot station design can be developed in a manner that will allow for easy integration of material recovery activities in the future. To allow flexibility fur the inclnsion of recovery operations, the transfer station design should eonaider the fonowing aspects: r ',':1 I ., l' J: . .. " The facility am be sited in an area where existing independent recyclers are located or could euily establi8h businesses. .. . . ", . I · : The site la}'Ollt ~ ~ ananged to allow for'mlll.crialS recoveryactiyities to oecu~ befom tile transfer station operations and to' c~ appropriate 1r.Iffic patterns to facili1ate this process. " , .. . , .. The transfer station receiving and lID10ading area can be designed to allow for. . recovery operaliooR In he IOJk.aUy integrated. For example, a large :flal: floor wUl . allow for a portion of the tra/lSfer area to be reallocated to material recovery activities or sto1'age area of reCovered materials. . .. The site should include space for the future storage and traJlsfer of IeCyclables. 1\\8'W\9.)o:n,.OL\COltJUtI\8lr1UA1,..taP 05J1"'" ;J.11 fill. 4 .:J,d{J -I? COUNCIL AGENDA STATEMENT ITEM .2. I MEETING DATE: 5/24/94 SUBMITrED BY: Resolution: Approving the Master Plan for Otay Park Renovation Director of Parks and ReCreati~ City Manager 9- (4/5ths vote: Yes_ NolO ITEM TITI.E: REVIEWED BY: During the FY 93/94 budget process, Council appropriated $137,800 to formulate a master plan and construction documents for the Otay Park Renovation project. Since then, the Department has initiated an in-house master planning process. This has been a collaborative planning process which included a series of meetings with Otay residents, administrative staff and School Board of the Chula Vista Elementary School District (CVESD), the principal of Otay School and the Metropolitan Area Advisory Committee (MMe). The design and development of the Otay Park Master Plan and adjacent Otay School open field area is prepared for Council consideration and approval. A plan graphic illustration of the project site will be available at the Council meeting to facilitate the description of the proposed preferred Master Plan. Notices about this master plan meeting were sent to 435 residents of the Otay area. RECOMMENDATION: that Council 1. Approve the Otay Park Master Plan (As shown on Attachment A) 2. Adopt Negative Declaration IS-94-21 Otay Park Renovation Master Plan BOARDS/COMMISSIONS RECOMMENDATION: At its regularly scheduled meeting of February 17, 1994, the Parks and Recreation Commission voted 6-0 (HELTON OUn to approve Alternative B of the Master Plan and Option #1 of the phasing plan. (Parks and Recreation Commission Minutes-Attachment B) DISCUSSION: Recognizing the park and recreation needs of western Chula Vista, this park renovation master planning effort in the Otay community is an attempt to address the following park planning goals: 1. Mitigate a portion of the park and recreation deficiencies in the southwestern part of the City; 2. Upgrade the condition of this older park's facilities; and 3. Evaluate the feasibility of identifying a site where a gymnasium could be constructed, contingent upon available resources. Park PIanninl!: in Southwestern Chula Vista The Department has been evaluating possible park sites in southwestern part of the city, ie., Otay Regional Park planning process, Third and "L", etc. One area that presents a tremendous amount of park opportunities is Otay Park. Through a joint development and joint use agreement with the Chula Vista Elementary School District, the park site could be improved and expanded by approximately four acres. The School District is supportive of this joint planning approach. This Master Plan report discusses the site's existing conditions, the overall planning process, the Master Plan's design issues, the project's estimated cost and phasing options, followed by staffs recommendation. Lastly, potential funding sources and the policy issue of developing a gym at this site will be discussed. ~J-J Existiru!: Conditions Located off of Albany, between Orange Avenue and Main Street, Otay Park is a 5.2 acre park in need of significant improvements. The park is partially surrounded by mobile homes to the north and residential units to the east and west of the project site. It is contiguous to Otay Elementary School and playground to the south, abuts graded and landscaped slopes to the north and east and is adjacent to Albany Avenue to the west. Finally, to the extreme south end of the project site is the Otay Center, which is leased and operated by the MAAC Project, a nonprofit social services agency. The MAAC project operates the facility through a lease agreement with the County. The agreement specifies that the facility will be conveyed to the School District in the year 2004. The existing park site currently contains outdated park components. These components include: a small, nondescript restroom; a playground; a small group picnic shade structure; several park benches and standard picnic tables scattered around the play area; and a soccer field/open grass area. Pedestrian circulation is limited to a three foot wide concrete path leading from the sidewalk at Albany Avenue and terminating at the play area at the eastern edge of the park. Existing site topography is relatively flat with the exception of a gradual slope traversing the park from the northeast to the southwest portion of the site. The current functional use of the park is inefficient, thereby limiting the potential for maximum active recreational use of the site. Planninl!: Process. School District. lnterdeuartmental and Citizen ParticiDation In November 1993, staff launched a series of meetings with the residents of Otay to determine their recreation needs and desires. The first meeting consisted of a brainstorming session with approximately 40 residents. Some of the commonly expressed park and recreation amenities include: 1) the installation of a jogging path around the perimeter of the park and school, 2) the construction of a small staging/picnic area for community celebrations and picnics, 3) the development of a softball and soccer field, 4) the need for a new restroom and 5) the construction of a gymnasium for the youth. In addition, an evaluation of the opportunities and constraints of the area was conducted by combining the community's input and staffs site analysis. Following this evaluation, a series of alternatives were prepared identifying three varying conceptual designs for the site (Attachment C). Below is a brief summary of the major differences of the three alternatives: 1. Alternative A: This schematic plan is based on the improvement of only the City-owned park site and the Otay School field areas; the School's playground and luncheon area would not be affected (estimated cost $1,310,000). 2. Alternative B: This schematic plan indicates improvements to the park site and the open field area of the Otay School. This plan would require the relocation of the school's play equipment structures and asphalt play areas. Relocation of these school activity elements would allow more area of the school's athletic field to be used for active recreation facilities, increasing the opportunity for a diversity of the active recreational uses (estimated cost $1,400,000). 3. Alternative C: This schematic plan is based on the possible acquisition of the property located at 3554 Main Street and its use as a site for a gymnasium facility and associated parking. This plan would require the same relocation of the Otay School's play areas to accommodate the active recreation uses for the turf field areas (estimated cost $3,690,000 not including land acquisition). On December 9, 1993, the three alternatives were presented to approximately 50 Otay residents. At that meeting the residents selected Alternative B as the preferred plan for the park. The community recommended a modification be made to the final master plan reflecting a preferred location for a proposed gymnasium building pad. This building pad's location is situated next to the existing Otay Center building's OtayPark.al3 [May 19.1994] -2- 02Jr:L eastern edge rather than the southeast comer of the school field as originally shown on the Alternative B plan. Master Plan Desim Issues During the master planning process, a comprehensive assessment of the site's opportunities and constraints was conducted. Several issues affecting the design of this project were identified during the site analysis and the citizen participation workshops. The issues are outlined as follows: 1) Develop a community space for annual neighborhood cultural events and celebrations. 2) Relocate group picnic area, public restrooms and play areas closer to Albany Avenue for improved visual and physical access. a. Update the restroom to meet current Uniform Building Code (UBC) and Americans with Disabilities Act (ADA) requirements. Modernize the restroom fixtures for vandal resistance. b. Update the play areas to meet U.S. Consumer Product Safety Standards (USCPSS) and ADA requirements for accessibility. 3) Site active recreation uses to the east and southeast portions of the park and school open turf areas to maximize open field areas. a. Maintain active recreation use of soccer. b. Introduce active recreation use of softball in the Park. 4) Develop a pedestrian path circuit which will link all of the park's components together and update the park to ensure accessibility. 5) Introduce security lighting into park areas not currently illuminated with pedestrian and general use lighting. 6) Select and place site furnishings to create varying levels of social spaces and introduce a unifying character to the park. 7) Upgrade the irrigation system with a booster pump to address current issues of inadequate water pressure. 8) Improve the topography of the site as well as the quality of the turf playing areas to ensure public safety and meet modem playing field standards. 9) Utilize landscaping to define spaces and recreation uses. Master Plan Policv Recommendations On February 17, 1994, the Parks and Recreation Commission reviewed the final draft of the master plan at the Otay Community Center. Approximately 50 residents were in attendance. The Commission supported the Community and staffs preferred conceptual Master Plan. The preferred plan incorporates the following improvements and amenities: OlayPark.al3 [May 19, 1994] -3- ;</-:J 1. Community Gathering Place a. Plaza Area: Construct a plaza area and a new public restroom. In addition, install a shaded arbor for picnics and new play structures for children and tots. The plaza area will be centrally located on Park grounds, adjacent to Albany Avenue and allow for improved visual and physical access to these high use park components. Spatial definition of the plaza area will be accented by the formal, symmetrical design of the use-area and tree plantings. b. Passive Use Area: Develop an elevated concrete platform (two to three 6" steps from adjacent turf area) which provides a venue for neighborhood cultural arts exhibitions. This passive use area will be sited on Park grounds. Install an evergreen shrub screen planting at the back of the concrete platform that will serve as a planted buffer and a backdrop screen for the exhibition area. Install linear palm tree plantings to provide a visual definition of the edges of the plaza area and passive recreation use along Albany Avenue and the softball field area at the eastern edge of the community space. Informally plant trees and situate picnic tables for individual use to create a transition to the softball field. 2. Active Recreation Use Areas a. Softball Field: Develop a softball field on Park grounds with an outfield radius of 275' which includes an infield with bases, a back stop, dugouts and players' benches. Develop a small concrete pad behind the backstop to accommodate spectator seating. b. Soccer Field: Construct a junior high school-sized soccer field (165' x 300') on school grounds. A tree planting along the eastern edge of the soccer field will provide a visual buffer of the adjacent private properties dedicated to commercial and industrial use. c. Decomposed Granite Jogging Path: Construct a decomposed granite jogging path on City and School grounds which extends pedestrian circulation around the perimeter of the softball field and traversing around the soccer field. 3. School Activity Area The modification of the school activity/lunch area is recommended in order to accommodate the soccer field and encourage multipurpose uses. The significant improvements are as follows: a. Lunch Court Plaza: Locate the school lunch court adjacent to the center of the east side of the Dtay School. The design of the court is formal and symmetrical to carry through the theme established in the park's plaza and passive use areas. The court is designed to provide improved shade with the addition of evergreen canopy shade trees. This are will be mutually used by the school children during the recess and lunch and by the community after school and on weekends. b. Asphalt Play Courts: Achieve a symmetrical balance between the asphalt play courts and the school lunch court layout. The play courts shall provide, at a minimum, the same square footage of playground game space as the existing game courts. c. Relocated School Play Area: Relocate the school's play areas to the north of the play courts. The play area is designed to accommodate the relocation of the existing play equipment into one comprehensive play area. Otaypark.a13 [May 19. 1994] + d)./- t( Phasinl!: Ootions. Costs of Prooosed Proiect. and Recommendation A common theme expressed by the community was the importance of the final master plan reflecting a strong emphasis on meeting the recreation needs of the community's youth. The provision for a gymnasium was identified by the community as the highest priority that would meet the community's focus on youth diversion and recreational opportunities. Further, the Otay residents discussed and agreed that the preferred master plan should be phased in the following order: 1) Construct a gymnasium (estimated cost $1,000,000) 2) Develop the athletic fields on the park and school (estimated cost $1,380,000). 3) Install the passive use area (plaza, restroom, stage), of the master plan (estimated cost $200,000) Preliminary phasing options and cost estimates are provided for your reference in Attachment D. A preliminary cost estimate was completed based on the preferred master plan. The overall project, including the gym, is estimated at $2.9 million. Due to the total amount of all of the proposed improvements and limited resources, phasing of the project is required. An analysis of optional phasing of construction was conducted to determine the benefits of a particular phasing option over another. Four possible options were identified. Phase I Phase II Phase III Option 1 (Community/Commission Gymnasium School Park Recommendation) Option 2 School Park Gymnasium Option 3 (Staff Recommendation) Park School Gymnasium Option 4 Park and School Gymnasium N/A The implementation of the Master Plan is a three phase program which is contingent upon future funds. The improvements would be developed incrementally over a period of years as funding becomes available. The community preference for funding and implementation of the Master Plan is represented in Option #1. The Department's recommended is reflected in Option #3. The Department believes the implementation of the proposed park improvements in the first phase would directly benefit the recreation needs of the entire community and keep within the financial parameters of the capital improvement budget. Park phasing (due to funding constraints) may call for phasing the Park into even smaller affordable components. For example, if Council supported phasing the park improvements first, then staff would determine (with Council support) that the ballfield may be the initial improvement. Gvrnnasium The Department recognizes the importance of a gymnasium with an emphasis on youth drug prevention and gang diversion programs for south Chula Vista residents. The construction of a gymnasium is consistent with previous Council direction on meeting the need for more active recreational facilities in this area. However, this Fiscal Year, funds were set aside for the master plan and park construction documents. No monies were earmarked for architectural drawings and construction plans for a recreation complex. Further analysis is necessary to determine the feasibility of developing a gymnasium. For instance, additional regulatory review would need to be done, ie., obtaining a conditional use permit and design review. In addition, the City must obtain permission from the school district, as well as the office of the State OtayPark.al3 (May 19, 1994] 'Sj.J r ..5' Architect, to build on School property. State building requirements will also increase the cost of the building. Finally, a cost estimate on the operation and maintenance of this building would be necessary. Council Policy Alternatives The implementation of the Master Plan is contingent upon a variety of potential funding sources. Further, the amount of funds allocated to this project will be directly linked to the phasing scheme of the Master Plan. The 1994/95 Capital Improvement Budget calls for the use of $229,393 in the Community Development Block Grant funds for park improvements. However, this amount can be modified to reflect the amount necessary for the construction of a gymnasium. In order to clarify the various issues, staff has developed the following policy alternatives and associated impacts. CONSTRUcr TIlE GYMNASIUM 1N ADVANCE OF PARK IMPROVEMENTS. N; noted earlier in this report, the community expressed a strong desire to have a gymnasium. They informed staff that if any financial investment is made by the City, it should be for the youth of the community. If Council supports the construction of a gymnasium in advance of park improvements, the following financing mechanisms may be used: Community Development Block Grant funds Council policy commitment in the Fiscal Year 1995/96 Block Grant program Commit funds from the park acquisition set-aside Total $229,393 $300,000 $470.607 $1,000,000 In this funding scenario, the $229,393 of CDBG funds requested next Fiscal Year would be earmarked for gymnasium construction. In addition, a policy commitment from Council to earmark an additional $300,000 from next year's Block Grant program is also proposed. The rationale behind this idea is the fact that it will take at least a year by the time construction of a gymnasium would commence. In the meantime, staff would formulate a request for proposal to select an architect (with community input), conduct community meetings, formulate construction documents and bid the project. By the time the 1995/96 fiscal year begins, the project could potentially be ready for construction. The final funding component would be PAD fee set aside funds. On the subject of PAD fee set aside, the Council over the past three years has earmarked 25% of all park fees for land acquisition in western Chula Vista. The funds would be used to mitigate park deficiencies in western Chula Vista. Thus far, approximately $808,000 has been accumulated in this account. In this proposed financing strategy, a portion of the set aside funds would be used to build the gym as opposed to acquiring land. One consequence of the approach would be a possible may delay in the acquisition of land in the immediate future. To date, staff has evaluated the feasibility of developing a passive neighborhood park on the Third and L Street site. An appraisal has been done and a rough concept plan has been developed. If these set aside funds are utilized to construct a gym, the Third and L Site may be lost, and purchased for other non-park purposes. N; a side note, if Council wanted to avoid the use of PAD fee set-aside funds, then a larger cut ($770,000) could be considered for 1995/96. However, this would preclude the City from considering any other major CIP in that fiscal year. The construction of a gymnasium in Otay has both a positive community benefit and a financial impact. Without a doubt such a facility will serve to deter youth from undesirable activities and enhance City and Community pride. A gym would also place a fiscal impact on the City. In addition to construction costs, OtayPark.al3 [May 19,1994] -6- .)/., ~ ,; :- the cost of operating a facility of this size would be approximately $94,000. This amount is based upon the City managing the site and includes funds for custodial support, maintenance, utilities, etc. If Council supports the construction of a gymnasium, further analysis would be necessary to determine a more refined fiscal impact. In addition, staff could evaluate other options in minimizing or reducing cost to the City. CONSTRUcr A PORTION OF TIlE PARK IN ADVANCE OF TIlE GYMNASIUM. This was staffs preferred implementation option at the time of the community meeting. The proposed CIP of $229,393 is based upon installing park improvements first. The benefits derived from this alternative include minimal cost to the City and maximum gain by residents. The operation and maintenance of the park improvements would be minimal because staff is already maintaining the Park. The facilities that could be installed, ie., baUfields and soccer field, would serve the interests of all age groups. However, on the downside, there are limitations on the extent of time these facilities are available. For example, the Park would not be operational at night, whereby the gymnasium would serve the community both day and night. Further, a well programmed gym and its related amenities tends to attract (on a consistent basis) more participants. Fiscal Impact: $137,800 of Community Development Block Grant Funds was set aside in FY 1993/94 to formulate a master plan and construction documents for the park/school. The master plan at full buildout is estimated to cost approximately $2.97 million. This amount included the construction of a gymnasium. In next year's CIP, staff is requesting $229,393 to install park improvements. However, if a gymnasium is developed in advance of the park, the cost estimate of constructing a gym is $1,000,000. The construction cost does not include inspection fees by the office of the State Architect. In addition, the approximate cost for operation and maintenance of the gym is estimated to be $94,000. This amount is based upon the possibility of the City managing this facility. Other programming options with minimal cost impacts to the City can be explored once an Otay Park phasing plan is approved. Attachment A - Otay Park Renovatio ter Plan Graphic Attachment B - Parks and Recre' ommission Minutes, February 17,1994 Attachment C - Concept PI atives Attachment D - Prelimina t Estimate Attachment E - Negative DeCIaration Otaypark.al3 [May 19, 1994] -~J- '} / cJ./ - 8' RESOLUTION NO. 11 e;;O I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA APPROVING A MASTER PARK PLAN FOR THE DEVELOPMENT OF OTAY PARK, APPROVING A PHASING PLAN FOR THE INSTALLATION OF IMPROVEMENTS PURSUANT TO SAID MASTER PLAN, AND ADOPTING THE NEGATIVE DECLARATION PREPARED IN CONNECTION THEREWITH. WHEREAS, during the Fiscal Year 93/94 budget process, Council appropriated $137,800 to formulate a master plan and construction documents for the Otay Park Renovation project; and, WHEREAS, since then, the Department has initiated an in-house master planning process as a collaborative planning process which included a series of meetings with Otay residents, administrative staff and School Board of the Chula Vista Elementary School District (CVESD), the principal of Otay School and the Metropolitan Area Advisory Council (MAAC); and, WHEREAS I at its regularly scheduled meeting of February 17, 1994, the Parks and Recreation Commission voted 6-0 to approve Alternative B of the Master Plan and Option #1 of the phasing plan as outlined in the Council Agenda Report dated and presented to the Council May 10, 1994; and, WHEREAS, the Council recognizes the park and recreation needs of western Chula Vista and that this park renovation master planning effort in the Otay community is an attempt to address important park planning goals, such as: mitigation of a portion of the park and recreation deficiencies in the southwestern part of the City; upgrade the condition of this older park's facilities; and determine the feasibility of siting and constructing a gymnasium contingent upon available resources; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. That Negative Declaration IS-94-21, commenced March 11, 1994, based on Initial Study IS-94-2l dated March 17, 1994, concluding that the Otay Park Master Plan ("Project") will not have any significant or potentially significant environmental effects, is hereby adopted by the City Council as its own. Section 2. That the Otay Park Master Plan identified as Exhibit A of the Council Agenda Report dated and presented to Council on May 10, 1994, attached hereto as Exhibit A, is hereby approved as the master plan for the development of the Otay Park, and that all subsequent improvements thereto shall be consistent with the plan except as may be otherwise provided by Council. 1 ';).}- , Section 3. Council shall defer the decision on phasing the implementation of the Master Plan until review and approval of a CIP budget. Section 4. The City Manager is directed to investigate, solicit and make such applications for funding sources as he deems appropriate, including but not limited to application for funds made available by Proposition 180, the California Parks and Wildlife Fund, Community Development Block Grant funds, and Park Acquisition and Development funds, and to return to Council for the approval and appropriation of same. Section 5. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Section 6. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. m:lsharedlattorneylmay24Iotaypark.res ~ Presented by: Bruce M. Boogaard City Attorney Jess Valenzuela Director of Parks and Recreation 2 ~/-/P j02l-dLJ EXHIBIT A '",''''''B''''' " , ~, , , MOBILE HOME ESTATES II II II " II 'I II J I! ,..'1 'I I r Ll r~L I L J l J L_..J l.__J L__ l....-J r-- , , L__ PM""'- LJ., A"'t. , ""~""" ,:',:',:,':,t:~~~---- r-- i , ReSIDENllA1 . p'I"rl'"A,',-'""'^'." fu.'~A"'A. . ~~'i~;:':r:," A, ~.> _. ~,E~~~~,~"~' J:> ",,,Pm .E"'"GI1w,C"_-""'''.o.T',I5.J">,:,, '~~'~~.' E.". c^'~"r :' , . Z~~=::::,~~:::.~~p "'''Of 0 .E""",Y.n.f'L"A",^TOIlt~." . ""_c."Pv,C,-",O"; . t:~~;:,~'::;-,':"JNPl"" IJ . ~ .( P".'tt"_l" 1.1"-'" I' I I' I I , S.D.G.&E SUBST,o'ICN " , , f I I r \ _~J r-- 1- , , I -,' ~ L ! I , r---' I , I I I , I L .1 L_ --- 'T'\b ([] I I [] L__-I ., '1"1 . ~ '" MM~ SWeET (t) 'Jc.,,'" ~ ~'Ie 30 tIJ len' ~, 1 _ 3lJ.C" MASTER PLAN ~!~ ""~~ nrvor. CHULA VISTA OTAV PARK RENOVATION "Ni>' A'.", RI(.Pr""~" ::J. "".I'IM! ,r ~I-JI Attachment 81 ~~/ PARKS AND RECREATION COMMISSION February 17, 1994 PAGE 2 6. ACITON ITEMS Unfinished Business Otay Park Master Plan Deputy Director Foncerrada gave a brief history of the Department's efforts to develop a facility in Southwestern Cbula Vista and introduced Mary Hofmockel, the Department's Landscape Planner who presented various alternatives for the park renovation, including the staff recommended alternative. Deputy Director Foncerrada discussed the funding sources available and the budget constraints under which the Department is working. In addition, he discussed the need for phasing of the project due to the budget constraints and gave the rationale behind staff's recommended phasing option. Landscape Planner, Mary Hofmockel presented the park design and briefly covered the design recommendations for the park, while Commissioner Sandoval translated her commentary into Spanish for residents who do not speak English. Vice Chair Hall suggested that the Commission should hear public comments on this item before they entered into a discussion of it, and the other Commissioners concurred. Bobby Lopez, a resident of Cbula Vista, said that the community wants to have the gym built firsL He feels that this has been brought out in all of the previous community meetings. He expressed his frustration that the community's wishes are not being carried forward and stated that the community is willing to go to Council and fight for what they wanL Javier Gonzalez, a resident of Chula Vista, stated that the people of Otay had made a pact with the City about cutting down on graffiti and now the City is going to do what they want to do instead of listening to what the Community wants. Under these circumstances he does not know what will happen with graffiti and vandalism if people think the City is not going to do what the people wanL David Perez, a resident of Cbula Vista, expressed his concern that if we start on the park and make it the first phase, the gym will never happen. Unless the City makes the gym a first priority, it will just get pushed further and further down the road until it is forgotten Gilbert Lopez bas been waiting 20 years for the gym, and now he wants the City to do what they said they would do and not what the City wants to do. Juan Cervantes, a resident of Cbula Vista, has been a Police Officer in Otay for 8 years. He has noticed a marked reduction in graffiti and gang activity since programs have been initiated in this area. He feels that the gym should be a priority for the area because it would allow for more programs to deter drug and gang activity. cJ,/- 19 Attachment 8.2 ( PARKS AND RECREATION COMMISSION February 17, 1994 PAGE 3 Daniel Ibarra, a resident of Chula Vista, wants a gym and his friends want a gym as well. Ruth Bucio, a resident of Chula Vista, stated that she is a member of the Otay Committee, and she feels that there is a great need to make the gym a priority to save at risk youth from joining gangs and getting involved in drug activity. She feels that sports are a good outlet and a good deterrent to the cycle of fat"'ers, uncles, brothers and sons following into gang activity. Elizabeth Stillwagon stated that she has some expertise in fundraising. She feels that the City should give the people of the community more information about what they can do to raise funds on their own to assist the City with the funding to build the gym. Bobby Lopez discussed the positive impact that the Center and its programming has had thus far on the Community. He expressed his feeling that if the gym is built first, it can be used to hold fundraisers. He speaks for the community in that they are very willing to work with the City to obtain or raise the funds for the whole project. Commissioner Hall asked for a clarification of what would happen if it was decided to build the gym before any other improvements could be made. Deputy Director Foncerrada explained that if Option #1 were chosen, nothing could go forward on the project until the $1 million plus, was obtained to build the gym. In other words, if $500,000 were available, it would be unusable under Option #1. Commissioner Alevy stated that it is obvious from the public input tonight and from public ineetings that have been held in the past that the desired option of the citizens is to build the gym first, and yet staff preferred Option #3, and asked on what basis that staff made their recommendation. Mary Hofmocke~ the Department's Landscape Planner, addressed this question from a technical/planning point of view by stating that Option #3 allows for more flexibility in processing. Therefore, if the Department only has access to small amounts of money, you can at least do some improvements. She further stated that there were current safety problems in the park that could be corrected utilizing the smaller appropriations of money that may be available. ( Commissioner Carpenter feels that it would be counterproductive to build and beautify in an area against the community's wishes, ie., the park as opposed to a gym, when it will just be destroyed anyway. However, if the Communities wishes are followed, they will work with the City and work hard to raise funds on their own to supplement the building of the gym. Commissioner Palma feels that the community should go to the Council and bring forth the strong desire for a gym now. As a Commissioner, however, he supports Option #3 because he feels it is the only way to take a first step toward getting the project done. Commissioner Willett commended staff on a job well done. He feels that the Commission could support in concept, Option #3 and make a motion to take a portion such as $90,000 ~ /1 Attachment B 3 ( PARKS AND RECREATION COMMISSION February 17, 1994 PAGE 4 to prepare the construction drawings. Once the construction drawings are completed, then through the grant process the community can support who they know gning out for partial grants and using AB2000 which provides money to upgrade existing parks. If such a recommendation were made to Council, they could either agree or disagree. But some things would have to be done first to the park, such as upgraded lighting. Commissioner Sandoval feels that if the gym is the community's priority, it should be the Commissions priority. In addition, she feels that there should be maximum flexibility maintained in the process so that if monies become available that are for a specific use, they could still be utilized. Motion to approve Alternative B of the Master Plan and Option #1 of the phasing plan. MSC SANDOV AIJCARPENTER 6-0 (HEL'ION Om) New Business Fun Center Deputy Director Foncerrada introduced Greg Cox who gave an overview of the lower Sweetwater Valley area and explained the layout of the proposed Family Fun Center. Mr. Cox introduced Les and Steve Warner who have.been searching for over two years for a suitable site in Chula Vista to build the Family Fun Center. Commissioner A1evy asked for specifics on what is being proposed for City use of the facility and some estimates of what it would cost the City to operate such a facility on their own. Mr. Cox stated that tonight's presentation was only informational. No action by the Commission is sought, however, it is planned to return at a later date for a Commission recommendation. 7. COMMUNICATIONS L Written Corresoondence NONE b. Commissioner's lbmments I Commissioner A1evy would like to have staff call the County to find out what is happening regarding the Commission's letter. He is concerned about the current rain/water situation, and feels that there is some urgency in dealing with this. ~ - 13 This is Alternative 'AI" that was presented to the Otay residents 1-~l 1\ \ I \ .J I I r-~\ \ \ .,~ I ".. ,.-e It." ... ,.,..,.'" J\ \, I. ~:.. I ~~':,':' I I I I ~-- ,- ':',-" "(?W.~'~~-~~~_:.: ~-~ ~t-":'::~--~.~:----~:.l "'" . I r------"1 !. -- ---, : \' I :;1 . I I 1 I .::1 "I I .. -::1._., I .....+.. ! r'I" ,: ; It', I il" c.1,'" 'If ~ . ~ I" ," I \' 1 I " M,; l' 1 I CD I I I \. . j.t tit I I I . i:t"l I './" f=."'P 1 I '. .j:I.....J. I .~_.L--'... I L--l. '::. I I l I ,:'1: " ". .: 'I l . I .I:t-----J : -----,. .:1' I .1 !:I .'. J ..... J :\~~~:-_~:-------- -- ------- -~-~--:-~-~- ...... . " .~ :', .. 6.i.,",," ".,&i.i:>,. - ':1 (--_~-_n___'-l'n' r. . .: ',\ : '\ I ., , .' \ I , , :"".,.~..--~-j ';J "~":I -". ....", "r~"'''''' ';.: '. ':. . ~ '.".'''E.~': . I" .,.. . I~ " ., :,' ..:.....:.:.:::.-:.-~.. :.. . . I i I i I i it,,:, If6' ; . ..6~, '," lit. A. .............. ;. ;. ^.T.~U".,1I.. " ;',1 I.: .~L-':':"'~~.:. '. ',- . , .' ., . r,-....fTT..l-l :,:: Il::J: \::) I ~i-..(7-i: ! (':ll El ! L_.!~L.I.,_J ,-;::::::~ ~::4 ~: 0 J) ',,--' ~:.::-- .. I 'iJ \ ~ 0 \ ) " i I i \ ( i /If /10 , It . . r I- .. .. r ._0_" 'h'-/~ ,-'-'-'-'-' ." '.-, "..............-......--1 :: , I", /' I' , ' , ' ", I I .'/ I "f, I I . , , , ' , ., , . })' , _______.__.__.~__~ I . .. - .' Attachment C 1 ""'6>"o~"ro'" A ~6/1tr I 1- l' t-lDIL-rtt ~ This is Alternative ~ was presented to the Otay residents '8' that !: ), lr......~ : ~ \ " I " , " , ....,~ ~--....:., I I ': , _..~~ I : I ..._~~ ! I"- B I : ---....~ , \ : I A ~....J\ , I . ....,1.~\ ,.' \ \, ,,.:'--u_ .,- AttactvnentC2 11 . ,. I V 14."" ~~,.,. J \ \ I \ I I '1 , , , , \-1.__..... ____. --~....----- -----<::r-------;::y..-------- _.~ ~. '.,. '. .f"'>:'::, ',," .~ . , ',r,., ~".. v.st.. " " S I" Il ",r,~j" A ~.. A ~ W .' " : , . '~: .... ;" ~ " ." ...: ~. ,,':" :. ".. :- Q: C. O. . ' 0, ,o.-c..-: 0" .. r-'---r----1----r-' 1 \', ,-------~ :: , ,. . '. I I ;. l____ ________ __J. t I " , ", I, I " , " : ..-.... \ I /'.. 1 ", ,.... -'.,s. .....-1_~ \--____,\__9_ -r-- : I \~,.It""', : '---'" j I I I I , , , , I , , llC~~;~--U ......:............~ I' '\'" .: \. ~'-~...---, \ \ I " I " I " " I . \." I po ,i-c, ... *.e'p...J ,.'1!"'f '........l---.i......-....; ..."c:.."""'-'O"'i . -,-. ---. I. '.. . ______-J .... 01 - -' {;;':~. (:) {, G>> ~._A (.:, l.~=:::" --' ,I Go) (.:~) .~~~ '''.'' I: or,.. .,.. " " .- ., >- ... . '! . ~ :f~ \ Q '. J 3 ~lt .01- ...."." f(i:l)J \::;;-::" (-:~j .' '-' ~+1 ~::} w.J .....' fiT1 r-ftT1 : 0:\ t-j l ~..+.l-"~ }--<.;_.~ . l ~1 t: C.j :. I I' I.: ". l_.l,.l-J L.._......J._J ' /1:;/ 1/ 'j / . /" .~ '<j "j ..J ',<\ ,', ~"cr..e:. '"60r~:.1 ~D~ 'I ! ......::..u~'-----r i i I i I i 1- ...." IZ.-n+ ~ d?/- /7 s or "... g. l!:. .I....--.._.__._ " M '" JI \ I I I I I I I I This is Alternative 'C' ... e. was presented to the Otay residents ..:...................... ...._....-C..........f..f::.~t..................:?-.. . ... ~ 1 ...v-.- . . 11 . ... H . If c , . ,,. [.~~~< :; ;.~ :. ~\", a E 'f.,.. " :~ .'j ::1 " ' :,. .: f"-:"'-~ " r---------, : , , \ I t ~ I # i t. : ~ /" ...---- ---~ ,; :'f::-~...."":."':-..;':-;<{:. : 'I . I' . I' r.. ,. ....- , 'I' I , . r' .1' f :. .;',\ .: I, .~ 1.\ .\.. I', \' . d" .... :' ,I I..::. ,,'I. ,. t ~ .. 0 t \ ,. 4:.-",' 8 It. O)J ,--..' .::.) ." ,,, EEl 8 .. " " ~"-'r--,I-r"! I:' 11'1' : d :: c.i :: I-<I&--~...-..et-~ It::.:1 .. : : III; H' . .._l..1..Jl....I.iL; ", . , o ~8 Do " ,. H cJ/ - /~ that Attachmen1C 3 , " ,.,. S'/06Hr/iAl- "'I'-~h . " . ,: r-.,---r-----'-----,-:.:i.. I I I 1'1'" , I . L____~ "I: " t : . . ' . ': I I :.\ :. I '-______________ ! I I ---- . I I 'J , ' .. ' :. I .' I I :: I, /",--..., ) ',1',_ s.,'... A If'- ..{ "I,., J. j .:. F-.":----~~~:--~,-;--:.~:- ... I .....--.... : " , 1 1 1 I, 1 1 ' I : 0' f . r---------------1 I I I' 1 1 I, I' ' I I I I I, I ~\. ~ : r--------l"" I ~ '; :t;:;:'"L___.L____.J_....._J_~.J ' ,j' " ": ~., ," ,:-!-~- .~.:-:.:.." - ," " " ',' ,,...,..~o ... ~ MoJZ.1'l.f I ,,:~.-!:.--r:-"_.- Attachment' 01 OTAY PARK RENOVATION MASTER PLAN PHASING OPTIONSANOES!TlMATEO COST SUMMARY: OPTION 1 . GYMNASIUM, SCHOOL. PARK PHASE I: I;YMNASlUM Multi-Use Gymnasium SUBTOTAL: $1.lXXl.lXXl S 1.lXXl.lXXl PHASE D: SCHOOL SIte Cleaance 8< Demolition ConsInJctIon irrigation - Schematic Planting MaIntenance Sltelnspectlon SUBTOTAL: $31.878 $306.336 $65.367 $136A53 $30.616 $25.lXXl $595.650 PHASE.: PAJlI( SIte Clearance 8< Demclnion Architecture ConsInJction irrigation - Schematic Planting Maintenance SIte Inspection SUBTOTAL: $37.329 $165.lXXl $477.842 $72.219 $184.733 $28.363 $25.lXXl smA85 TOTAl: CONTINGENCY 0 15'11. I;RAHD TOTAL: $2.586.136 $387.920 $2,974,D56 SUMMARY: OPTION 2 . SCHOOL. PARK. GYMNASIUM PHASE I: SCHOOL SIte Clearance 8< Demolition ConsInJction irrigation - Schematic . Planting Maintenance SIte Inspection SUBTOTAL: $31.878 $306.336 $65.367 $136AS3 $30.616 $25.lXXl $595.650 PHASE D: PAJlI( SIte Clearance 8< Demolnicn Architecture ConsInJction irrigation - Schematic Planting Maintenance SIte Inspection SUBTOTAL: $37.329 $165.lXXl $477.842 $72.219 $184.733 $28.363 $25.lXXl S9lIOA85 PHASE aI: I;YM M.ltI-Use Gymnasium SUBTOTAL: $1.lXXl.lXXl S 1.lXXl.lXXl SUMMARY TOTAL: CONTINGENCY 0 15 'II. I;RAHD TOTAL: $2.586.136 $387.920 $2.974,llS6 Page 1: 2/10/94 dlf - /'1 OTAY PARK RENOVATION MASTER PLAN PHASING OPTIONS AND ESTIMATED COST SUMMARY: OPTION 3 - PARK, SCHOOL, GYMNASIUM PHASE I: PARK Site Clearance & Demomlon Archllect..e Construction IrrlgaIIorl- Schematic Planting Maintenance SIte Inspection SU/fTOTAL: $37.329 5165.lXXl $477.842 572.219 5184.733 $28.363 525.lXXl $990A85 PHASE D: SCHOOL SIte Clearance & Demomlon Construction irrigation - Schematic Planting Maintenance Site Inspection SUBTOTAL: PHASE III: GYM Multi-Use Gymnasium SU/fTOTAL: $31.878 $306.336 $65.367 5136A53 $30.616 525.lXXl 5595.650 51.lXXl.lXXl SI.lXXl.OOO 5UMMARYTOTAL: CONTINGENCY. 15 " GRAND TOTAL: 52.586.136 $387.920 $2,974,056 SUMMARY: OPTION 4 - PARK I SCHOOL, GYMNASIUM PHASE I: PARK / SCHOOL SIte Clearance & Demolition Architecture Construction irrigation - Schematic Planting Maintenance SIte inspection SU/fTOTAL: $69.207 5165.lXXl 5784.178 5137.586 $321.186 SS8.979 SSO.lXXl 51.586,136 PHASEU:GYM Mulll-Use Gymnasium SU/fTOTAL: $1.lXXl.lXXl 51..lXXl..lXXl SUMMARY TOTAL: CONTINGENCY. 15 " GRAND TOTAL: 52.586.136 $387.920 $2,974,056 Page 2: 2/10/94 c2 / -' ~ AttachmentD2 Attachment E1 negative declaration PROJECT NAME: Otay Park Renovation Master Plan PROJECT LOCATION: Otay Park! Otay School: 1613 Albany Avenue ASSESSOR'S PARCEL NO.: 623-23-27/625-23-25 PROJECT APPLICANT: City of Chula Vista, Department of Parks & Recreation CASE NO: IS-94-21 DATE: March 11, 1994 A. Proiect Settinl! The proposed Otay Park Renovation Master Plan will result in the renovation of a 393,194 sq. ft. (9 acre) area consisting of Otay Park and Otay School. The area proposed for renovation is for the joint use by the Otay Park Elementary School and the Otay Park. The average natural slope of the site .is four percent. The Park property currently has a 30' long portion that is recorded in the assessors record as park, but is currently being used for street use. The surrounding land uses include a mobile home park to the north, commercial/industrial uses to the east and single-family residential to the northeast. An SDG&E substation with power lines is directly south-east of the project site and single-family/multi-family is west of the site. Otay Park is a developed neighborhood park with a playground, restrooms, shaded picnic facilities, a makeshift soccer field, walkways around the perimeter of the park and two 18' pole lights. The Otay Community Center is east of the school. The school. site includes a softball field and a 49,180 sq.ft. parking area (86 standard and 4 disabled), which are jointly used by the school and park. The hours of park operation are from 7:ooam-10:3Opm. The park is primarily used by the "public" after school hours. B. Proiect Description The Otay Park Renovation Master Plan is a joint application between the City and the Chula Vista Elementary School District. The project consists of the upgrade of the existing soccer and softball fields to city standards for neighborhood use and the construction of a gymnasium building pad and possibly a future gymnasium. A buffer of evergreen planting is proposed on the north-western edge of the property, 10'-15' high, ;t:10'wide, between the Don Luis Mobile Home Estates and the proposed elevated platform. The elevated platform (12"-18" high, 70'x 35' wide) which will be used by entertainers (dancers and musicians) during cultural events is proposed for the northwestern comer of the project site. This platform will probably receive its most intensive use during the Festivas De Patriots (Festival of the Patriots) in August and on Cinco De Mayo. Oll." these two festival days there will be a maximum of 400-500 people using the park. ~1/~ . .... -'1...., - - city of chula vista planning department CI1Y OF environmental review ..ction. CHUlA VISTA 01/- ..2/ Attachment E2 Immediately south of the platform a plaza area is proposed including: decorated paving, an open turf area to watch performances taking place on the platform, a group picnic area, a restroom building 1,600 sq.ft., and a children and tots play area. The existing two 18' pole lights will be replaced with twelve 16' pole security lights. The softball field in the northeast portion of the site will be improved. An improved soccer field in the central eastern portion of the site is proposed in addition to a building pad for a future joint use gymnasium to the east of the existing Otay Community Center. The gymnasium might be between 9,500 to 11,000 square feet and will include a 9O'x54' basketball court striped for multiple uses including volleyball and badminton. The maximum number of people expected to be in the gym at anyone time is seventy-five. The gymnasium is being built for neighborhood use only. Since the park and the gym are being improved for recreational use by the neighborhood, additional traffic is not expected and the current parking facility, 90 spaces, will be adequate. The City will be required to submit a soils report for the construction of the gymnasium, prior to the issuance of a construction permit. The removal of two 18'lights and replacement with twelve 16'lights will be considered in the landscape plan approval process to ensure that the impact of light and glare is at a level below significant. The applicant will be required to obtain an NPDES General Permit for stormwater discharges associated with construction activity. The Master Plan Renovation will require the approval of the Chula Vista City Council. A 6,510 square foot path of decomposed granite will be placed on the perimeter of the park and 20,314 square feet of concrete paving will be used throughout the park, primarily in the passive use and plaza area. The proposed plan calls for the removal of 85%(25-30) of the existing trees within the areas to be improved. Existing trees on the western edge of the project site are not proposed for removal. Tree replacement is required for the field areas. Existing trees will not survive grading. Approximately one hundred replacement trees of varying sizes (15 gallon 24", 36" and 48" box) will be planted, which will provide more shade in the park. Current on-site drainage consists of a 24" concrete metal pipe at the northeast comer of the park which discharges to a concrete swale along the easterly boundary of the existing park. The concrete swale drains into a drainage inlet at the southeastern comer of the park. A subterranean pipe connected to the inlet then drains into the drain along Albany Street to the west. The proposed project will remove the concrete swale and replace it with an underground pipe. The inlet at the southeastern comer will also be improved. Severe erosion has occurred adjacent to the concrete near the 24" outfall. The City Parks & Recreation proposes to convey runoff to off-site drainage facilities via underground drainage system as described above. -2- ...:; - .>> Attachment E3 The Accessors Parcel Record identifies the western boundary of the Otay Park as extending to the centerline of Albany Avenue for a length of 291 feet. The Engineering Department requires that the 30 ft. strip of the right-of-way along the east side of Albany Street be named and dedicated for public road purposes. The project will be required to comply with Fire Department requirements including: fire department access to the school perimeter and on-site fire hydrants. The gymnasium proposed for the future may be required to be provided with a fully automatic fire sprinkler system depending on the size, type of construction, fire dept. access and fire flow. The Division of the State Architect must review and approve the proposed changes affecting the Otay School perimeter and access. The City will also be required to obtain the approval of the Master Plan by the State Architect. The requirements will ensure that the project has the necessary facilities for fire safety. The project is a Capital Improvement Project for both the school and the park. The discretionary approvals required for the project are: a Conditional Use Permit for the Gymnasium (as it is a public use facility), design review, the landscape architect's approval of the landscape plan, and Council approval of the plan. C. Comoatibility with ZoninlZ and Plans The site is zoned I-L(Industrial Limited) and designated Parks & Recreation. The proposed Otay Park Renovation Master Plan is compatible and implements the General Plan. D. Identification of Environmental Effects An initial study conducted by the City of Chula Vista (s~ the attached Environmental Checklist Form) determined that the proposed proj(:Ct will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Drainage impacts have been determined to be less than significant. Severe erosion has occurred adjacent to the concrete near the 24" CMP corrugated metal pipe (CMP) outfall, causing existing on-site drainage facilities to be inadequate for the proposed project. The project proposes runoff to off-site drainage facilities via an underground drainage system. This will alleviate any impact. Approximately one hundred trees will be planted with the proposed improvements, which will improve the provision of shade in the park. The increased number of trees to be planted will offset the loss of the older trees, none of which are sensitive. E. MitilZation necessary to avoid silZnificant effects The proposed project will not result any significant or potentially significant environmental impacts, therefore, no project specific mitigation is required. -3- .;v - d3 Attachment E4 F. Finding of Insignificant Impact 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a roo or wildlife species, cause a rlSh or wildlife population to drop below self sustaining levels, threaten to eUminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant animal or eUminate important examples or the major periods of California history or prehistory? The proposed project will require the removal of approximately 20-30 trees to allow grading to improve the soccer and softball fields. These trees will be removed and replaced with Ipproximately 100 trees. The increased number of new trees will provide more shade in the park and create a more aesthetically pleasing park for neighborhood residents. None of the trees are "sensitive" and the project will not significantly impact habitat. 2. Does the project have the potential to achieve short-term goals to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, dermitive period of time, while long-term impacts will endure well into the future.) The Otay Park Renovation Master Plan will allow for the improvement of Otay Park/Otay School and bring the park up to city standards. This proposal is consistent with two of the objectives of the first goal of the Parks and Recreation Element of the Chula Vista General Plan. One of these objectives is "to prepare and update the master plan of older existing parks - including programs for upgrading, replacing or expanding older facilities on the west side of Chula Vista and where possible, installing new facilities in accordance with applying park standards to the local community. "The second objective is to work with the elementary, junior high and high school districts to jointly plan their facilities in coordination with park facilities and the use of their school facilities by the public." The park renovation plan will upgrade the park to meet the General Plan goal of providing a park for nearby residents which will provide passive use areas, active play areas for children, including tot lots, playground equipment, and picnic areas. (Ch. 7,~4.3) The new facilities will improve and increase the number of the these facilities. The proposal's conformance with the General Plan will insure that the project will achieve both short-term and long-term goals. 3. 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 resources is relatively small, but where the effect of the total of those impacts on the environment is significant.) The project does not create impacts which are individually limited. Any possible impacts are at a level below significance. The project will have a positive impact on the neighborhood, with negligible short-term impacts. -4- ~-# Attachment E5 4. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? The project will increase recreational opportunities for local residents and as a result will be a benefit to humans. There will not be any substantial adverse environmental effects. G. Consultation 1. Individuals and Onzanizations City of Chula Vista: Barbara Reid, Planning Susan Vandrew, Planning Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Ken Larsen, Director of Building & Housing Carol Gove, Fire Marshal MaryJane Diosdado, Crime Prevention Marty Schmidt, Parks & Recreation Dept. Rich Rudolf, Assistant City Attorney Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Mary Hofmockel, Department of Parks and Recreation, City of Chula Vista 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code 3. Initial Studv This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~@?J ENVIRO ENTAL REVIEW COORDINATOR INEGDEC.OPR -5- :2/-.:25 Attachment E6 Case No. IS-94-2l APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) Background 1. Name of Proponent: City of Chula Vista Parks & Recreation Deoartment 2. Address and Phone Number of Proponent: 276 Fourth Avenue. Chula Vista CA 91910 3. Date of Checklist: March 17. 1994 4. Name of Proposal: Otav Park Renovation Master Plan 5. Initial Study Number: IS-94-2l Environmental Impacts 1. Earth. Will 1he proposal result in: YES MAYBE NO a. Unstable ear1h conditions or changes in geologic substructures? 0 0 . b. Disruptions, displacements, compaction or overcovering of 1he soil? . 0 0 c. Change in topography or ground surface relief features? 0 0 . d. The destruction, covering or modification of any unique geologic or physical features? 0 0 . e. Any increase in wind or water erosion of soils, ei1her on or off 1he site? 0 . 0 f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify 1he channel of a river or stream or 1he bed of 1he ocean or any bay, inlet or lake? 0 0 . g. Exposure of people or property to geologic hazards such as ear1hquakes, landslides, mud slides, ground failure, or similar hazards? 0 0 . Comments: The project will require 1he excavation of 30,000 cubic yard of ear1h to balance 1he cut and fill grading for improvement of active recreation fields and park passive use areas. The applicant will be required to submit a soils report prior to 1he issuance of a grading permit for 1he proposed -1- ;)/-;2f Attachment E7 gymnasium, which is designated as a building pad on the site plan and proposed for future construction. The areas of the site being renovated, excluding the building pad area, are developed and there are no geotechnical concerns discussed by engineering. No increase in erosion is expected; however, the required soils report will delineate any concerns and recommend any necessary measures to remediate the same. 2. Air. Will the proposal result in: YES MAYBE NO a. Substantial air emissions or deterioration of ambient air quality? 0 0 . b. The creation of objectionable odors? 0 0 . c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 0 0 . Comments: The Otay Park Renovation Master Plan will result the temporary creation of dust due to bulldozer activity during construction. The project will not result in the direct emission of any air pollutants in the long term and the short term impact will be negligible. 3. Water. Will the Proposal result in: YES MAYBE NO a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? 0 0 . b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? . 0 0 c. Alterations to the course or flow or flood waters? 0 0 . d. Change in the amount of surface water in any water body? 0 0 . e. Discharge into surface waters, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? 0 0 . f. Alteration of the direction or rate of flow of ground waters? 0 0 . g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? 0 0 . -2- .:2/ - c2 1 Attachment E8 h. Substantial reduction in the amount of water otherwise available for public water supplies? . D D i. Exposure of people or property to water related hazards such as flooding or tidal waves? . D D Comments: The proposed project will be required to obtain a NPDES General Stormwater Permit for stormwater discharges associated with construction activity and a Storm Water Pollution Prevention Plan will be required for the project. The project will improve on-site drainage facilities, by removing an existing above ground concrete drainage swale and replacing it with a subterrain pipe. This change will slightly increase the rate and amount of water flow to nearby drainage facilities. The project will also create additional concrete on site and this will increase runoff. The amount to be created is not considered substantial by engineering and is thus negligible. 4. Plant Life. Will the proposal result in: YES MAYBE NO a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? D D . b. Reduction of the numbers of any unique, rare or endangered species of plants? D . D c. Introduction of new species of plants into into an area, or in a barrier to the normal replenishment of existing species? D D . d. Reduction in acreage of any agricultural crop? D . D Comments: The proposed plan calls for the removal of 85%(25-30) of the existing trees within the areas to be improved. The improvements will require grading for field areas. Existing trees would not survive grading. Some of the trees are in poor health. The trees to be removed are as follows: NUMBER COMMON NAME HEIGHT & DIAMETER 6 Myoporum + 15'ht., +20' diameter 2 Canary Island Date Palm :I: 15'-20'ht., 15' diameter 2 Brazilian Pepper :1:12'-16' 5 Eucalyptus +30'ht., +30' dia.;24'ht., 50'dia.; 20'ht., 45'dia., 28' ht., 40' dia.; 24'ht., 4Q'dia. -3- J./- H Attachment E9 NUMBER COMMON NAME HEIGHT & DIAMETER 6 Myoporum + IS'ht., +20' diameter 2 Canary Island Date Palm :t IS'-20'ht. ,IS' diameter I Lemon Scented Eucalyptus 24'ht., 4S' dia. 3 Ash 24'ht., 4S'-SO' dia. I Jacaranda 2S'ht., 4S' dia. 2 Queen Palm 10' ht., 12' dia.; IS'ht., IS' dia. I Italian Stone Pine :tIS' ht., 3S'dia. 10 Pine 2S'ht. ,3S'dia. ;20'ht. ,2S'dia.; 10 'ht., 12'dia. ;2S'ht. ,30'dia. ;30'ht . ,30' dia.; IS'ht. ,2S'dia. ;20'ht. ,3 S'dia.; IS'ht. ,2S'dia.; IS'ht. ,30' dia.;2S'ht.,3S'dia. S Jacaranda :t lO'ht.,:t 10'dia. Approximately 100 standard trees of varying sizes,OS' gallon & 24" box, 36"box & 48" box), will be planted with the proposed improvements, providing an increase in shade from the trees in the park. The net increase of trees proposed for the park will increase habitat for birds in the area. 5. Animal Life. Will the proposal result in: YES MAYBE NO a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? . 0 0 b. Reduction of the numbers of any unique, rare or endangered species of animals? 0 0 . c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? 0 0 . d. Deterioration to existing fish or wildlife habitat? 0 0 . Comments: The project site, an established park, is in a developed area and there are no sensitive species existing on or around the project site. The net increase of trees and shrubs will allow for an increase in birds habitat and may cause an increase in the number of species in the park. -4- .:2j - oU Attachment ElO 6. Noise. Will the proposal result in: YES MAYBE NO a. Increases in existing noise levels? D . D b. Exposure of people to severe noise levels? D D . Comments: There may be a short-term temporary increase of noise during construction. However, the applicant will be required to meet the City of Chula Vista noise standards. The proposed renovation is expected to add additional activities that are not currently occurring in the park and therefore, noise levels could increase. The park will also involve the creation of more trees and shrubs, which will provide a screen between park noise and residential uses to the north and west. The events expected to generate the noise are either facing south. away from the residential areas (mobilehome park) or on the southern portion of the property. 7. Light and Glare. Will the proposal produce new light or glare? YES MAYBE NO . D D The removal of two 18' lights and replacement with twelve 16' lights will be considered in the landscape plan approval process to ensure that the impact to light and glare is at a level below significant. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? YES MAYBE NO D D . Comments: The project is a existing park and is designated for such in the General Plan. The project is consistent with the General Plan. With the approval of a conditional use permit for the proposed gymnasinm, as is required in the Limited Industrial zone, the project will be in conformance with the Zoning Ordinance. 9. Natural Resources. Will the proposal result in: YES MAYBE NO a. Increase in the rate of use of any natural resources? D . D Comments: The proposed project will allow for the upgrade of existing park facilities. The project will consist of an more efficient irrigation plan than currently exists in the park, less turf will exist on site and more hardscape is proposed. This will result in a net decrease of water used for irrigation on site. 10. Risk of Upset. Will the proposal involve: YES MAYBE NO a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides. chemicals or radiation) in the event of an accident or upset conditions? D D . -5- :2/ - .)~ b. Attachment Ell Possible interference with an emergency response plan or an emergency evacuation plan? o o . Comments: The gymnasium that is proposed will contain a limited number of cleaning chemicals for routine gym maintenance, as is the case for gymnasiums throughout the city. The cleaning solutions will be limited in amount and will be stored in a closet area, away from heat and sunlight, reducing any risk of harm. The Fire Department will require one fire extinguisher for every 3,000 sq. ft. and any portion thereof. This requirement is routine for gymnasiums, and this is not expected to cause a risk of harm. Population. Will the proposal alter the location distribution, density, or growth rate of the human population or an area? 11. YES MAYBE NO o o . Comments: The project is the renovation of an existing neighborhood park for residents and will not encourage an increase in local population. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 12. YES MAYBE NO o o . Comments: The population will not be impacted by the project, thus no demand will be placed on housing. 13. Transportation/Circulation. Will the proposal result in: YES MAYBE NO a. Generation of substantial additional vehicular movement? o . o b. Effects on existing parking facilities, or demand for new parking? o . o c. Substantial impact upon existing transportation systems? o o . d. Alterations to present patterns of circulation or movement of people and/or goods? o o . e. Alterations to waterborne, rail or air traffic? o o . f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? o . o -6- <:2/- 3J Attachment El2 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 traffic volumes do not exceed the City's Level of Service "C" design ADT volume. The primary access roads are adequate to serve the project. The project will not create an unacceptable Level of Service at intersections adjacent to or in the vicinity of the project site. The project will not impact the circulation system, as the park is developed for community use by local residents who currently use the park. There ruay be one additional "community event" day per year that ruay attract up to 400 people. Attendees are expected to be from the immediate community and as such, ruay carpool or walk to the event. The ruaximum number of persons who are expected to be in the gymnasium at anyone time would be 75. As the number of existing parking spaces is 90, there is adequate parking. Therefore, there is not expected to be a substantial amount of additional vehicular movement, generated by the project, or a need for additional parking. 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: YES MAYBE NO 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 park improvements are exempt from school fees & park thresholds. The City will be required to comply with ftre and police guidelines for crime prevention and to allow for ftre ftghting measures. The Assessor's Parcel Record identiftes the western boundary of the Otay Park as extending to the centerline of Albany Avenue for a length of 291 feet. The Engineering Department requires the 30 ft. of right-of-way along the east side of Albany Street be named and dedicated for public road purposes. 15. Energy. Will the proposal result in: YES MAYBE NO a. Use of substantial amount of fuel or energy? . o o -7- .:2/ - \5::J Attachment E13 b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? o o . Comments: The gym is expected to use an additional amount of energy, but no new facilities are needed to meet the demand of the gym. The project will be reviewed by the state for efficiency. 16. Thresholds. Will the proposal adversely impact the City's Threshold Standards? YES MAYBE NO o 0 . Comments: As described below, the proposed project does not adversely impact any of the seven Threshold Standards. A. Fire/EMS The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75 % of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is I 3/4 miles away and would be associated with a 4 minute response time. The proposed project will comply with this Threshold Standard. 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. However, to ensure fire safety, the fire department has outlined the following California Code Regulations that the applicant must follow. I. Fire department access to the school perimeter. 2. On site fire hydrants. 3. The proposed gymnasium may be required to be provided with a fully automatic fire sprinkler system depending on size, type of construction, fire dept. access and fire flow. 4. The Division of the State Architect must review and approve of the proposed changes affecting the Otay School perimeter and access. 5. One fire extinguisher per 3,000 sq. ft. and any portion thereof (Le. 9,500 sq. ft. requires 4, rather than 3 fire extinguishers). The fire extinguisher's travel distance is not to exceed 70'. B. Police The Threshold Standards require that police units must respond to 84 % of Priority I calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. -8- :JI-2d Attachment E14 Elevations, landscape and lighting plans and site development plans will be required to be forwarded by the project applicant to allow the police department to further review the project for fire prevention recommendations. C. Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "P" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this standard. The proposed project will comply with this Threshold Standard. The primary access roads are adequate to serve the project. The project will not impact the LOS at intersections adjacent to the project, as the project involves improvements to an existing park. D. Parks/Recreation The Threshold Standard for Parks and Recreation is 3 acres/l,OOO population. The proposed project will comply with this Threshold Standard. The project is not subject to Park & Recreation threshold requirement, because the project is a park. E. Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will ,provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Current on-site drainage consists of a 24" concrete metal pipe at the northeast comer of the park which discharges to a concrete swale along the easterly boundary of the existing park. The concrete swale drains into a drainage inlet at the southeastern corner of the park. A subterranean pipe connected to the inlet then drains into the drain along Albany Street to the west. The proposed project will remove the concrete swale and replace it with an underground pipe. The inlet at the southeastern comer will also be improved. Severe erosion has occurred adjacent to the concrete near the 24" CMP outfall. Applicant proposes to convey runoff to off-site drainage facilities via underground drainage system as described above. Existing off-site drainage facilities consists of a 30" RCP in Albany Avenue which flows southward. These facilities are adequate to serve the project. -9- .:LI - 31 Attachment E15 F. Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Existing sewer lines are located in Tremont Street, Montgomery Street, and Zenith Street and are adequate to serve the project. 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. The City Parks & Recreation Department will develop a landscape plan, prior to the beginning of construction, which will be a more efficient conservation water plan that exists. Also, the plan will consist of less turf on site and more concrete, due to the proposed improvements. 17. Human Health. Will the proposal result in: YES MAYBE NO a. Creation of any health hazard or potential health hazard (excluding mental health? D D . b. Exposure of people to potential health hazards? D D . Comments: Potential environmental concern regarding this project is the location of an SDG&E substation with power lines located adjacent to the site on the southeast corner of Main Street and Albany. The health risks associated with energy fields of electricity are an ongoing topic of concern and research within the scientific community, however, there is no conclusive evidence confirming that power lines do in fact cause health problems in humans as of the date of this report. The Planning Department is aware of this concern and is keeping updated on the latest research and data available on this subject and does not feel that there is conclusive evidence available to show this to be a significant environmental impact. The Otay Park site is in the Montgomery area, an older area in the community and there is no record that there have been any incidents of illness which are related to the existence of the substation and no residents have complained about the issue. The proposed project, the Otay Park/Otay School improvements will provide more recreational opportunities for neighborhood residents and will not harm human health. -10- :l/-~ Attactunent E16 18. Aesthetics. Will the proposal result in: YES MAYBE NO a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 0 0 . b. The destruction, or modification of a scenic route? 0 0 . Comments: The Park Master Plan will include improved facilities and more aesthetically pleasing elements to the park; that is, more trees and plants. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? YES MAYBE NO o o . Comments: The park improvements will improve the quality of existing recreational opportunities in the Otay Park neighborhood. 20. Cultural Resources. YES MAYBE NO a. Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? 0 0 . b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? 0 0 . c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? 0 0 . d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 0 0 . e. Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? 0 0 . Comments: The proposed project, improvements to existing Otay Park, is already developed and there are no cultural resources on the project site. -11- cJI - ~~ 21. Attachment Ell Paleontological Resources. Will the proposal result in the alteration of or the destruction of paleontological resources? YES MAYBE NO o . o Comments: The proposed project, improvements to existing Otay Park, is already developed and there are no paleontological resources on site. 22. Mandatory Findings of Significance. YES MAYBE NO a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant animal or eliminate important examples or the major periods of California history or prehistory? o . o Comments: The proposed project will not have the potential to degrade the quality of the environment. The improvements to the park/school property will require the removal of 20-30 trees, none of which are sensitive. :t 70 trees will be planted during the Master Plan renovation. The larger number of trees will provide more shade for the park and provide a more aesthetically pleasing view of the park. There are no sensitive plant or animal species on the project site. b. Does the project have the potential to achieve short-term goals to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, defmitive period of time, while long-term impacts will endure well into the future.) o o . Comments: The Otay Park Renovation Master Plan will allow for the improvement of Otay Park/Otay School and bring the park up to city standards. This proposal is consistent with two of the objectives of the first goal of the Parks and Recreation Element of the Chula Vista General Plan. One of these objectives is . to prepare and update the master plan of older existing parks - including programs for upgrading, replacing or expanding older facilities on the west side of Chula Vista and where possible, installing new facilities in accordance with applying park standards to the local community. The second objective is to work with the elementary, junior high and high school districts to jointly plan their facilities in coordination with park facilities and the use of their school facilities by the public. The park renovation plan will upgrade the park to meet the General Plan goal of providing a park for nearby residents which will provide passive use areas, active play areas for children, including tot lots, playgrouud equipment, and picnic areas. (Ch. 7 ,~4.3) The new facilities will improve and increase the number of the these facilities. The proposal's conformance with the General Plan will insure that the project will achieve both short-term and long-term goals. -12- ;;; -37 Attachment E18 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: The project does not create impacts which are individually limited. Any possible impacts are at a level below significant. The project will have a positive impact on the neighborhood, with negligible short-term impacts. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? o o . Comments: The project will increase recreational opportunities for local residents and will not cause any adverse impacts to humans. There will not be any substantial adverse environmental effects. -13- .2/-$ Attachment E19 Mitigation Measures (To be completed by the Applicant) I, as owner/owner in escrow' Print name 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.) 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 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. o I fmd the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~ :f:u/(t;-LJ f/-~/ Enviro ental Re lew Coo ilinator ~.;> It, /&/</ Date . 'If acting for a corporation, include capacity and company name. -14- ..2/ ~3 'f Attachment E20 Case No. IS-94-2l APPENDIX II DE MINIMIS FEE DETERMINATION (Chapter 1706, Statutes of 1990 - AB 3158) Choose Fee Exemption or Fee Required . 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. '?f~'..J(f&f //'J:~) Enviro ental Review C rdinator 3/11 I' Y Date . -15- ;JI - 14 Attachment E21 Case No.IS-94-21 APPENDIX m CITY DATA SHEET PLANNING DEPARTMENT I. Current Zoning on site: IL North R2P South ILP East ILP West RI-5P Does the project conform to the current zoning? Yes. II. General Plan land use designation on site: Parks & Recreation. Ouasi Public-School North Medium Residential South Research & Limited Manufacturing East Research & Limited Manuf./Medium Residential West Low/Medium Residential Is the project compatible with the General Plan Land Use Diagram? Yes Is the project area designated for conservation or open space or adjacent to an area so designated? No Is the project located adjacent to any scenic routes? No (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route). III. Schools If the proposed project is residential, please complete the following: N/ A School Capacity Enrollment Units Proposed Students Generating Generated Factors From Proiect Elementary Junior High Senior High .30 .29 .10 IV. Remarks: ';rlfrM' (" r .'J ~) Director anmng or Representative ~/II~"1Y' ate d/-lj! DATE: TO: FROM: Attachment E22 ROUTING FORM February 22. 1994 ~<<en ~,'Juilding ~ Boa.ing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering {EIR only} "'~paou.t, Bngu..r1aIJ (%'813, EIR/2) 1tieharc2 Rudolf, Asst city Attorney (Draft Neg Dec & EIR) ~ c.rol Gove, 'ire Depera.nt V'lIlp"ty SelutitJt, puJl:. .a.creation "i_Prevention, Police DepartJllent III.J ....dado) collUllW1ity Development, Redev. lfconom c Dev~ only :/eurrent Planning ~ane Bazzel, Advance Planning Bob Sennett, city Landscape Architect Bob Leiter, Planning Director Chula Vista lflementary School District, J:ate Shurson "sweetwater Union B.S. District, 1'011 Silva (IS & BIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) other Barbara Reid Environmental Section SUBJECT: Application for Initial Study (IS-94-21/FA-mjDON/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-----/DO ) Review of a Draft EIR (EIR-____/FB--/DP) Review of Environmental Review Record (FC-_ERR--) Review of Draft Neg Dec (IS- /FA- /DO- ) Master Plan for renovation of Otay Park which would include the construction of a gymnasium. the development of athletic fields and the installation of passive use area (plaza. restroom. stage) . Otay Park. 1613 Albany Avenue. Otay School The project consists of: Location: Please review the document and forward to me any comments you have by March 4. 1994. comments: cJ;- '1J Attachment E23 ROUTING FORM DATE: February 22. 1994 ~ ,,"""-"-'""'''''''"~' "'F''''''~''' : r"..Ken :tar.Ol.l, lIuilcf.1.Dg..... -..., /JIj)'''John Lippitt, Engineering (EIR only) f'- Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst city Attorney (Draft Neg Dec & EIR) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, police Department (M.J. Diosdado) Community Development, Redev. Economic Dev. only Current Planning Duane Bazzel, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Other h Barbara Reid Environmental Section SUBJECT: Application for Initial Study (IS-94-21 /FA-~/DQN/A ) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DQ ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_ERR-_) Review of Draft Neg Dec (IS- /FA- /DQ- ) Location: Master Plan for renovation of Otay Park which would include the construction of a gymnasium. the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The Project consists of: , / Please review the document and forward to me any comments you have by March 4. 1994. Comments: MAle d/ -13 A1;,tachment E24 Y5 - 593 ROUTING FORM -_. .- "'1\ "1'"'j"~"'J\""" 't..~ tL;~ ./\lli ;.....;J ....4. if..:.; '"'-''''.... DATE: ~1lQl If, l<fq'f r L J M 1001 ~:_: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR onlYi l/IDger Daoust, JDlg:Lneer1Dg (Is1'J, :BIR/2) lUchard Rudolf, ABst C:Lty Attorney (Draft Beg Dec & EIR) Carol Gove, Fire Department Harty Schmidt, Parks & Recreation Crime Prevention, Police Department (H.J. Diosdado) Community Development, Redev. Economic Dev. only Current Planning Duane Bazzel, Advance Planning Bob sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Haureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation :Ls involved) Other j 11> ~ .em'M: Barbara Reid Environmental section SUBJECT: Application for Initial Study (IS-94-21/FA-m..JDON/A ) Checkprint Draft fIR (20 days) (EIR- _/FB- _/DO ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_ERR-_) Review of Draft Neg Dec (IS- /FA- /DO- ) Location: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The Project consists of: Please review the document and forward to me any comments you have by March 4. 1994. ., Comments: cJ/ -ff . Attachment E25 YS-St:j3 Case No. :r:S-<?</-;2.f INTERDEPARTMENTAL COMMENT SHEETS ENGINEERING DIVISION I. Drainage A. Is the project site within a flood plain? ^' D . If so, state which FEMA Floodway Frequency Boundary. "{/A . B. What is the location and description ofexisting on-site drainage facilities? ..:?,/" CMP A, NOfl11f1f:kS CC;';R.JJr:;1 r.s:: 77~. WH {ell ~1t!::rJ~A1!.~ m A Co~ SWAllE AIJYJ~ TJfE 1EA~~c..y C. S iNS I'#t:> VNDfEJafi!/i!L)vNr>. 'P'it::r:- DF <-'N~ ~1'Zt!i '-'''- ~ ~ oIl>>.IIZY tney adequate to serve "tile proJect? 6JD.' ......"F'_ If not, please explain briefly. .r;~J/"'''~ I"''''^S/t:>N LI-A!!. tYJ'.uteJl!.Eh ~"~I.,.. 7b t~~ 7lofe: t:z:,I.'Ni>_ NZ:;4L 770IE :l&/"CNP ~AU.. AFJl'L/~ ~S'ec; "TZ> J S, a{~1fff1otam;~~d description of existing off-site drainage facilities? 301/ ~ IN }.LBANY AY",,^,CJ~ WIIIC.H Ft-oW<E. Se>,IrI-l'''''UI.D. D. E. Are they adequate to serve the project? YEc;;. If not, please explain briefly. N fA . n. Transportation A. What roads provide primary access to the project? AL8AI.tY' A~(1F: B. What is the estimated number of one-way auto trips to be generated by the project (per day)? 11() A1:1r{'IJ5:AbT" ~~ ~/9'rW&; t:JU2/L ANt::> ~v "t:.,..,."..&> tJS'YIJ^, W~'::kt&'~~ A, BUI~J"- C. What are the Average Daily Traffic (A.D.T.) volumes on the primary access roads before and after project completion? Street Name Before After ALAA..N AIA::~,"'- Z070 2.1f~ Do any of these volumes exceed the City's Level-of-Service (L.a.S.) "C" design ADT volume? If yes, please specify. /Va. *- WpC,,",'HClME\I'I.ANNIG\STOREIl'\1022.93 (ltd. 1021.93) (ltd. 1020.93) Page 2 dI - f-S Attachment E26 YS-~ Case No. ~.s:f"-:2-J IT the A.D.T. or L.O.S. "C" design volume is unknown or not applicable. explain briefly. N/A. . . D. Are the primary access roads adequate to serve the project? Ye..::..+ IT not. please explain briefly.l:1/A I E. Would the project'create unacceptable Levels of Service (LOS) at intersections adjacent to or in the vicinity of the pr~ject site? N.D. -If IT so. identify: Location N fA / Cumulative L.O.S. I:::f./A ...... I F. Is the proposed project 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). IT yes, a Traffic hnpact Analysis (TlA) will be required. In this case the TIA will have to demonstrate that the project will not create an unmitigatable adverse impact, or that all related traffic impacts are not mitigated to a level of non-significance. Yes ..J.. No The following questions apply if a Traffic hnpact Analysis is not required. G. Is traffic mitigation required to reduce traffic impacts that will result from implementation of the proposed project? Yes)(. No IT yes, please describe. N fA I H. Is the project consistent with the .criteria established in the City' s Transportation Phasing Plan. General Plan Traffic Element. and all other pertinent traffic studies? Please reference any other traffic impact studies for roadway segments that may be impacted by the proposed project. Yes. I. Is a traffic study required? Yes X No J. Is'there any dedication required? Y~4::;. IT so. please specify. ;DFpCA-~ ~I(;UT-~-I\IAV (30 c::~ WIOI"H) ALctJJ:;. Jt.., n~,,, A..IJ#'JJt,E. ~ <'~IE"- ~~ Page 3 wpc,p,'HOME\Pl.\NNIN~022.!l3 (Rd. 1021.93) (Rd. 1020.93) Lj ;J.j-/J. : Attachment E27 Y'5,-513 Case No. IS-Qt{.-;2.{ K. Is there any street widening required? ND. IT so, please specify. N i6r . , L. Are there any other street improvements required? YES. IT so, please specify the general nature of the necessary improvements. 4-rl2r::~~ J_/~J^,t':. M. Will the project and related public improvements provide satisfactory traffic service for existing conditions and future buildout General Plan conditions? (Please provide a brief explanation). ~XI9rIl.Jr.....~ 'Suo hCVT"9Y';$. m. ~ A. B. C. Are there any anticipated adverse geotechnical conditions on the project site? UN I<C.uAlI\/N IT yes, specify these conditions. N/A-. . Is a Soils Report necessary? YE47. Pt!(r'16L ~ l~rJA..~/r.& ~~ ~T7^A...f ~(rs FQe. WE'. aYMA/ASIl.A'-1(PHASEIIL). IV. Land Form A. What is the average natural slope of the site? 4- % B. What is the maximum natural slope of the site? 5"0% ($ I 1:>/E <;::t.of>EoG 77> M()(I!:J"'I-f . ANt:> '77J 7HIE. ~) . V. Noise Are there any traffic-related noise levels impacting the site that are significant enough to justify that a noise analysis be required of the applicant? NO. VI. Waste Generation How much solid and liquid (sewer) waste will be generated by the proposed project per day? I existing sewer lines on or downstream from the site? $) -r72e:M~ t;,.,.p&,~ M"A./rt:OAA~"'V c-t"D~ AlJr> . 7~ AI rrH 9r72': FE..,_ Are they adequate to serve the proposed project? (IT no, please explain) .,,~. Wl'CJ',\IIOMEIPlANNING\STOREtIIlO2Z.93 (Rd, 1021.93) (Rd. IO:W.93) .;2/- ,/7 Page 4 I Attachment E28 Y~-913 Case No. r~ -44-.;1./ VD. National Pollutant DischaTl!e Elimination Svstem (NPDES) Stonnwater Reauirements Will the applicant be required to file a Notice of Intent with the State Water Resources Control Board for coverage under an NPDES Stonnwater Permit? yr=.:;. . If yes, specify which NPDES permit(s) and explain why an NPDES permit is required. NPJ:-.rr-, t!..ENCh./- "PlfffIUA rr r=-n/L ~WA~&> Dr.:,/'.u.A-Pt::!.E!:. A<.<;N-.N..~ wlm Co#.1~77lJ,.I.c.77cN. A.c.nl//TY. Will a Stonn Water Pollution Prevention Plan (SWPPP) be required for the proposed project? }( Yes No Additional comments '" O/.JE:. . VD. Remarks Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other issues. NONE-. :/i/91 Date Page S WPC,F,IIIOMIN'\.ANNING\UOIlEDIlOU-93 (Rd. 1021.93) (Ref. 1020.93) -N''1l .. DATE: FB, F.,.o w.... 1'1:&:'1. 10: SUBJECT: Attachment E29 ROUTING FORM February 22, 1994 it,. . lil". , 'l-' Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst city Attorney (Draft Neg Dec & EIR) Carol Gov., Fire Departllent Marty Schmidt, Parks & Recreation Crime Prevention, police Department (M.J. Diosdado) community Development, Redev. Economic DeV. only Current Planning Duane Bazzel, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) other C:::-~~~ra Rei~ Environmental Section Application for Initial Study (IS-94-21 /FA-~/DON/A ) Checkprint Draft EIR (20 days) (EIR- _/FB- _/DO ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_ERR-_) Review of Draft Neg Dec (IS- /FA- /DO- ) Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage). Otay Park, 1613 Albany Avenue, Otay School The Project consists of: Location: Please review the document and forward to me any comments you have by March 4. 1994. comments: ...21-1 ! Attachment E30 , Case No. IS - ?-9'-~1 FIRE DEPARTMENT A. What is the distance to the nearest fll'C station? a!!l! what is the Fire Depanment's estimated reaction time? Distance is one and three quarters of a mile. Estimated reaction is four minutes. B. Will the Fire Depanment be able to provide an adequate level of fire protection for the proposed facility without an increase in equipment or penoMel? Yes. C. Remarks ~y,. C. I~ Fire Marshal 3/2/94 Date WPC:F:IIIOMNLANNINO'STClREINO:u.93 llltl. 1021.93) (Ro!. 1020.93) P...6 021-~ Attachment E31 CHULA VISTA FIRE DEPARTMENT BUREAU OF FIRE PREVENTION PLAN CORRECTION SHEET Address 1613 Albany Ave. IS-94-2l Plan File No. Checker Horsfall Date 3/2/94 Type Constr. Occupancy No. Stories Bldg. Area The following list does not necessarily include all errors and omissions. mYx~dN~jldflWx~fWx 1. Fire department access to the school perimeter must be provided per the California Code of Regulations and Article 10 of the 1991 Uniform Fire Code. This means that a twenty foot wide all weather surface capable of supporting the weight of fire apparatus must be provided around the perimeter of the school for fire department access. 2. On site fire hydrants will be required per Article 10 of the 1991 Uniform Fire Code. At this time there is an existing 12" water main on Albany Avenue. 3. The proposed gymnasium may be required to be provided with a fully automatic fire sprinkler system depending on size, type of construction. fire dept. access and fire flow. If the gymnasium is to become a part of the Community Center the center may be required to be retrofitted with a fire sprinkler system. A fire alarm system may also be required in the proposed gymnasium. The usual fire extinguishers will be required. 4. The Office of the State Architect, 15373 Innovation Drive, Suite 250 San Diego, Cal. 92128 must be notified of the proposed changes affecting the Otay School perimeter and access. Any correspondence should be addressed to Mr. Efren Abrego of that office. More information can be provided by the fire dept. when more detailed informaton or plans are received. FPB-29 02;-5# P"@ 1: .. r-, 100 '.,i It,'~~;~:;''. . E -w '''- 1.02.... .:' . ./!,j.I.LPL "~'I_' i "i.}..~ .It':" ., .. ..;,.:...,.' r: . '!~ ~.~. ~__{':.:" <"~~" ~. . .. ",",!; I .' ~.... . I . ~~ _~ ~ .J.... CNI ::~~\:i'" ";~" . . ......,......",i.../ ~.-~ ..,.., .. ~~ "",' . Iv.: 1111).' ~!t.'w ~ J! r ~W....::~..'riJ:;. .'l'. , J ~i ~ 7' ~ I!/ i]~..,~ ,;~. '":,<;' pz:r,,~""" ~ I r t:J i/)!Jr. ~ ~~, L111,,//I,~\A1 ll:1 ~/"",":'~~':~"" .,.;''''",',q'1.'''. ".' :,: ~'t/;-J.:....J , ,............~ ~~ 1111" '/ - , ' .... ,.,." .,..rc'rrr...",,'.. ~.~, ,. ~/ ~W.:",~.:., 7lSY" OOty 41' 'U'/St ........J~"<~'"VQ.'9/4':t.II. i--..~~r;]~'f~~~il.. ~~'l:."".J l.!r.:q" ;:f. ..:.,t:,~,;. .?;"loM/l~l~~~/' lo,. I"'I~/J _ I ". .~,..':!;"144i,. 'j,'~,!~t..\'~!"VEROE:'~ II "AX :,. , .. .:\, :;.,..." PARK t'l "" ~/ Jll "l-/g~~Lt G'~ ~ ~~ iJl.. L.:J?t-l.., . : ~~tfI.:R.OE "~"l; . ..., I LITTLE LEAl ~fliE'o1 I ~(~-.. . r'.'S :Jf:n ~~~~~~;~R :7r:~' E: Y '~;:~':I~,\~;I FIELDS , 0 ? NJ. v~ ",,",," '&~ ' .....1. - ~ ~ t-::: :'., ....; ~ ~/f ~,,:- t4uff I ~~ fA~ ;. ~~~~. ts;'~~';" I... '~ ~~. :-:~'E:{~. .~... . I ~'. 71!J ~" . "'.~; f! ~.,. :2F14'" tlJTt ,~l.." .c. ~ "I.::c~~ e:;:. ~.. ...... '''G~ r Ii ;~'.(I.',<.~<...:c;,(~~\{~ 1."@Y."tsr/".~"" Q(4v ''"'S''--?2J' ?t--... ., ~~; 4V" 7JJ . .:, ,....'''...~''"'~ 1....: '" '( ~ '.., ' i . "\'(1:~'~d ~'cr . .:'. 7.... -J.... ' IT- /j ~.; cD """'~T / 1TTn J rmtJ ff3iJ '.' ~.~ .,::t -j t:;C 'S~ ft--'r- ~~ ~ . ,:or~r ~ n ~ E:ff r g. . 's It---::1.;;;-,! <d;::. ~ -'-- I 1//1 ~ J: s: "r' !j . -, 77, -,..,'" r;::--k::. /S'');j~'I' < '<~" .. .. _ . "'-<...L ~ .fi -../ ' 'f.c-::t ""~ :i 7:::!'!! ~ , r,~----- . "" . ~ _ '<~.. II--, i f:tE~::/,/:;:, . -.K"'/;:" t. _ ;j ,'... ~OL/O V j' ...r..;. 1,06 r t:JJ:--:I .';.)..,'/ i" ~,. "J "r-,..;J _--..... .., ~ -l )0' '-"'\"~ L7 ~".~" 'it r.tl.'t ~ '. . ~ ~' 9!",~/fy cr-J}:.' ~ '--....., '. ",. .~ ,: '>' --". :::-- ~ . srOl/4~ l.t I... r J f' ':~o ,-;t[!~ ::' . / .. ::l7 If,.........,~ ~~~;;~7t,~! .'" e.. :(!o 1--. \', '" "" , I -~ ':"':'I,~_ ~ ~/2. -'0 '~~~. , ,':.;, "- L' fJpi'" "~(' ' ~ @-' ~I "~~"':', f.:': .:.:. ~>j!,{....i. ;/ ~ 1''''0 ~ ' '. ..,\.r.. .' .w~ ~ . "L~ ;;., ~ ~J80l ~..,. ',:,!,.~<.' .' ~X-.:b..'~c-......'" .. . .'.,~81l(rro" '- ('" ~ L.. .800. .. , ,'- '~'fl '.lII '<j. "",'f '" .. IIta rJ: 'I '. . /.; ::.." . Sr. ,.~._,_../;; T " I I ; ,. ,\.~~~~f_ . ..................,/ " It / ',~,;, '/, . ~ ......... I I' , , '~.'I .' 1 '.l~ I .,l. .'. ..t. '..\: i.... : _'~)/-f;.,J ,',' " I ..... --.;c '1, ~~ ~. I 'r- 1';\ .~> ...,. ':'/ .' " /. '.00... .'.. 1 J I: I ~ . ,.- ~,;:+~,;:(,t,. ".~"~ " ,',' I I ' rt:..(J~ / ' :/ .0(,:.: ' ..,.. . ;.:. '~t'..;', "- I J , i r tr,-1/ !:-,J ~_~ll "'" '- 1'/ ;~..i"f:~...' .;;~,.:..:~ ;"'.:; ./. -~,.!._.: r' "':1~ "~"'>,,' 11'.J.~';: _...1/ il;r.~:':.' \i';f.'; :"':..",,:\,~, ..,):' a./'@!l';-';':"'," ,""7 ~ : .....n. J,' /,.'''' L~ ~ I.. .' ..T". 'I ~"".' ;., el. . . ,..~ t'::-j,~( ;dt.~ ~;;:: " ':I"I~;'1::,tIi"\"'~"':' .,' /..C!l 03-.'.., ,-- .'. .>?"~' -. ~.' l~~ ( J~4"", ,\:~."..j:cll /'i,~' ./. I' ~,.." ",.'" ~ . '~)~.. 'ol1i'"'i, "v'l'~~" .,' .,: ,. ~ ". ,.:t. 1 '" .....' :" 'f;. . ' /. .....'...~. ~~~t. i:.:'~:"',J .....'.,&;.;.'ttJ.~~I';X.. ':', ."Sr: ", j\ !:S.. \ If. ~ ~ !1~,~O;:1 $Iltti:'i"~"'''''~ ',-.,..r.i~:..""'\'l"")' " ...." ~:--o '. I "f' r-, :'~ ~J:~/I~~~IM~~~t::~... ~~"'~A,...-;j "''1jh~1~(~;~~':J;;':')'.L~ ',' . ~_ .. ..., ,. '!!Ilk." :.JI:: ~ .. "fit: :. '''~.. .. , l(;~ ..... ~,v" ~ I ;~.... is.:.:, \ ...~ ,,~~;':' ..~..~t~f!.h~;' ;. .~ ~481" .I..A--7."~~ "--I;--'~~ ~~. ~~~":i ." ~. Y';.:r'.';:":!''':~'~~;''.;'-\',.'::rU 1"~;;'\/7 J.l:!21:;.,;;~ 0;.// ~;.._, ~~~~.~IOSl J :i. m~.~ '~f':'t"173\~.":~1.itG.l .J, t', Ih;..Iii ...... 77 .~,t,'Jlh,I" ~i !>~~-::r I . I!.'. E,i.r..G- F... ""O'..TS';~A;~ ~F ~~~'i SC""". 'I~ 7'1 '-".'...,'. Attachment E33 ROUTING FORM DATE: February 22, 1994 . Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst city Attorney (Draft Beg Dec & EIR) Carol Gove, Fire Department IIllrty Schmidt, Parks' Itecreation Crime Prevention, police Department (M.J. Diosdado) community Development, Redev. Economic Dev. only Current Planning Duane Bazzel, Advance Planning Bob sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate shurson sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Other TO: FROM: Barbara Reid Environmental section SUBJECT: Application for Initial Study (IS-~4-21 /FA-.~.lijDON/A J Checkprint Draft EIR (20 days) (EIR- _/FB- _/DO J Review of a Draft EIR (EIR-_/FB-_/DP) Review of Environmental Review Record (FC-____ERR-----J Review of Draft Beg Dec (IS- /FA- /DO- ) Location: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The Project consists of: Please review the document and forward to me any comments you have by March 4. 1994. Comments: ~- 53 Attachment E34 Case No. /s-9j-:..:;?j PARKS AND RECREATION DEPARTMENT A. Is project subject to Parks and Recreation Threshold requirements? "\" H not, please explain. t='....aj...... \- \.. ~ ,,,.... ~ B. How many acres of parkland are necessary to serve the proposed project? ~... t C. D. E. A1e existing neighborhood and community parks near the project adequate to serve the population increase resulting from this project? Neighborhood N\to. Community Parks ..t:I.\~ H not, are parkland dedications or other mitigation proposed as part of the project adequate to serve the population increase'? Neighborhood ,..>\"" Community Parks "-.l \6. To meet City requirements, will applicant be required to: Provide land'? r.J \A Pay a fee? t..l \... . Remarks: ---t:.J..l~ F. Fe" 22. l'lll Date or Representative Pap 7 WI'C~022.93 tw. 101l.93)(W. 1020-'1 - 51 Attachment E35 ,- ....HULA VISTA POLICE DEPAR'l,dENT CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS M/;:, 1'~ . i..: DATE: i1lMUL ~ 1C?1 c; TO: ~-LhAa-ll.LLd &Yl'r~ r;c~~ ,.A~_ VIA: qll! fJurw..... I ~ V'~~ T;n If I'~ l 8-+'-. ~~~ FROM: 'YY\ '(f - '01. G '" dA-du I S c.. p S PROJECT: I S q,-+ - 2- I 19~J- 9~ The Crime Prevention Unit does not have any comments regarding this project at this time, Information on the project, or within the plans, does not provide enough detail to permit crime prevention analysis. V Please forward the following information to the Crime Prevention Unit when available. \...--'" Elevations Floor Plans ~ /' Landscape and Lighting Plans Site Development Plans Comments: !) J-f 1;11 / VA 0 vA a (1):17 B J ) yd~.01 / ;t;Uj ,Iv ~11 / Ii cc: Brook~ver, SCA CP'IED RoUIinl Fonn PD/qlu 06193 ::ll- $' Attachment E36 . ROUTING FORM DATE: February 22, 1994 TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cli:f:f SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudol:f, Asst City Attorney (Dra:ft Beg Dec & EIR) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation crime Prevention, Police Department (M.J. Dio.dado) Community Development, Redev. Economic Dev. only CUrrent Planning Duane Bazzel, Advance Planning Bob Sennett, city Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson SWeetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Dra:ft EIR - I:f annexation is involved) Other FROM: Barbara Reid Environmental Section SUBJECT: Application :for Initial Study (IS-~4-21 /FA-~/DON/A ) Checkprint Dra:ft EIR (20 days) (EIR-_/FB-_/DO ) Review o:f a Dra:ft EIR (EIR- _/FB- _/DP ) Review o:f Environmental Review Record (FC-_ERR-_) Review o:f Dra:ft Neg Dec (IS- /FA- /DO- ) Location: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The Project consists o:f: Please review the document and :forward to me any comments you have by March 4. 1994. Comments: .;;;-6~ Attachment E37 ROUTING FORM DATE: February 22, 1994 F!:t, - '-0 ' " " TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst City Attorney (Draft Neg Dec & EIR) Carol Gove, Fire Department Harty Schmidt, Parks & Recreation Crime Prevention, police Department (H.J. Diosdado) community Development, Redev. Economic Dev. only Current Planning Duane Bazzel, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson SWeetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) other FROM: Sa rba ra Re i d Environmental Section SUBJECT: Application for Initial Study (IS-94-2l/FA-m.../DQN/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-----/DQ ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_ERR-_) Review of Draft Neg Dec (IS- /FA- /DQ- ) Location: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The Project consists of: Please review the document and forward to me any comments you have by March 4.1994. comments: /?If? CC>Pl/l7!~ J ~ ~. ~ ..!!:/z4'-/9'<1- ..;2/ -- 57 Attachment E38 Sweetwater Union High School District ADMINISTRATION CENTER 1130 FIf1h Avonuo Chulo Vlsla, California 91911-2896 (619) 691-5500 Division of Planning and Facilities . - . . February 25, 1994 Ms. Barbara Reid City of Chula Vista Environmental Section 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Reid: Re: Master Plan for Otay Parle Renovations The Sweetwater Union High School District does not oppose the proposed Otay Park renovation. Please be advised that projects undertaken by the City are exempt from the payment of school fees. However, a Certificate of Compliance will need to be signed by an official of the district. Thomas Silva Assistant Director of Planning TSlml :J-/-5J> Attachment E39 Case No. /S - 9o</-~/ APPENDIX IV Comments Received During the Public Review Period _ No Comments Were Received During the Public Review Period . WI'C~GISTOIlEIN=93 (RoI. 1021.93) (Ilef. 1020.93) dj- 57" Attachment E40 , i rY\cuct g I \q't ~ 'I " 11 ==-'-l-~nui('Ur1 V'f\<DA-foJ ~.Ifl~ C()f)rcWn~ , lq IJ-- I i~: Drll~(DA~ P. R oieL -- ~.a.A1.J~~::j_~s-J~a;~. tl7llLr,L~ ' -- , ~ ~ _J " J n _I ( l- t:!4YJ ('~AAI ...1) tv....t!A.J ; , /YO Ib-P .../J.PAJ \../ .r-{~ ^ (J fJ..O...;."ot7lm " :.- i" ~ -~ <<t.o- 11>:jj~ ro. O..,.h. kve. <uMIT~ ~~ ? /1Jwiff~ )a>>IJ^/ .~~~ 4~ I~U 1~- ~ (J)~ -tt~^o. ~/ .l)1"h:::r~~~ In.. 1i..o.. ~, AlAn?' " - I '0: i..../_...'. J) , -fL. en.M A!.' b a ~ lJ~ J /td ~ t . fJ€0 rRf-. _! ~ j""k.. c.llk tf'i "Lb,flJ rvdh./ ~" I ~..Q.~.t~. ~ ^I dl~ 0-11~/~). vY ~4 . Attachment E41 . , ('~ i , II ~ '. CJko.Q.Q.. - 01(0;/ ~~4. t;;;/ ~~ -,/ J d.tJ '1[- .An;~;hJ > --4- d' 1;a-~,a) Ca., -Iu Zo,AUr-zoJ .. /{q 0 Z.eh i f/ ~iA;;-;t 1--- - _____ i,Ckl'L' U/~ J eft q1911-5~.'1r 1 (p,q - Lj/)7-o8'7~ " ! (lr~~J p rmtr~ 4/JId V~f. rfJc! I I ---~----------r-r--. I, -} il :1 'i . i. 'I , I ~ ___ _ ~l__ ;i ;;;,,- ~I . " Attachment E42 INITIAL STUDY City of Chula Vista Application Form FOR OFFICE USE Case No. IS - 9f'-.;1/ Deposit ~ Receipt No. .e,,- Date Rec'd .,.7- ,;;71:1. V Accepted by t:? , , Project No. FA/407~ APPLICATION CANNOT BE ACCEPTED UNLESS SITE PLAN IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER A. ,",CKGROUND 1. 2. PROJECT TITLE OTA'f "All.1C.. fZ.E.,JoVA"not4. ~"'~~AN PROJECT LOCATION (Street address or description) ~" Ie., ~ ~t~ IMJ~.... ; C4-Ak"j ~\ 1!. Assessors Book, Page 1 Parcel No. ~~; (.2.!..:L~'2."" BRIEF PROJECT DESCRIPTION ~~T&I, "z.~'2.!o.;:z.c;. 3. 4. Name of Applicant Cl'T"'i 0"- C"""" A V,,,--rA I a....u.. ~ ~.c:'r.lfllE,.;rION Address ;a..,c. Fo~Ill..'"T'M A.JENI.,J,E. Phone ~I-SO;..\ I>E..PT". City ('~, fA.. Vtc,,-rA State cA- Zip ~,q I 0 Name of Preparer/Agent .cl~"1' &......~...t1rr Lt' ~l... } t ....wr"',.A 6F -PL6NJJel Address :1.,1.. C::-OLlIR~ .A Js;;,..lqj;;. Phone ,"cU. So ~ I City C~A Vt~'"rl:>. State ('A... Zip ~ Relation to Applicant -~10-4~ 5. Indicate all permits or approvalS and enclosures or documents required by the Environmental Review Coordinator. a. Permits or approvalS required: ___ General Plan Amendment ___ Design Review Application ___ Public Project ___ Rezone/Prezone ___ Tentative Subd. Map ___ Annexation ___ Precise Plan ___ Grading Permit ___ Redevelopment Agency ___ Specific Plan ___ Tentative Parcel Map ___ O.P.A. . ___ Condo Use Permit Site Plan 1 Arch.Review ___ Redevelopment Agency ___ Variance ::: Project Area Committee D.D.A. ___ Coastal Development Use Permit ___ Other Permit 6. b. Enclosures or documents (as required by the Environmental Coordinator). ___ Grading Plan ___ Arch. Elevations ___ Parcel Map ___ Landscape Plans ___ Precise Plan ~ Tentative Subd. Map ___ SpecifiC Plan ___ Improvement Plans ___ Other Agency Permit ___ Soils Report or Approvals .Required ___ Hazardous Waste Assessment Review ___ Hydrological Study ___ Biological Study ___ Archaeological Survey Noise Assessllll!nt ::: Traffic lapact Report ___ Other WPC 0413p/9459P -1; j--~;? Attachment E43 ; B. PROPOSED PROJECT Cl'fA"(...... \ 114.0.... ~~. "') ...~_ OT.'" "tll""'~ >>01. I.," ~.~ "!J..... ....... 1. a. Land Area: sq. footage ~":!>,1..4 or acreage ---9....-. If land area to be dedicated, state acreage and purpose. .cl.\ .Pr- b. Ooes the project involve the construction of new buildings, or will existing structures be utilized?.J:{oH' l....~..\A.~.....~... ComplEte this section if.project is residential. ~/~ Type development: Single family Two family lti family Townhouse Condominium b. Tota umber of structures c. Maximum ht of structures d. Number of Uni 1 bedroom 3 bedrooms bedrooms e. Gross density (OU/total es) f. Net density (OU/total acr g. Estimated project po ation h. Estimated sale rental price range i. Square fo ge of structure j. Perc of lot coverage by bUildings or structure ~~ mber of on-site parking spaces to be provided ~ Percent of site in road and paved surface . Complete this section if project is commercial or industrial or m1lld ~\b. pels) of land use b. Flo c. Type of bedrooms Total units a. Oescri be lIajor orientation to adjoinin Height of structure(s) in the structure d. points to the uctures and the roperties an. reets e. Number of on-site parking sp f. Est illated number of yees shifts otal g. Estimated nu of customers (per day) t NUllber of h. ted number of deliveries per day WPC 0413p/9459P -2-121-- ~3 Attachment E44 , stimated range of service area and basis of estillate j. Type/extent of oper not in encl dings k. Hours of n e of exterior lighting 4. If project is other than residential, commercia' or industrial complete this section. a. Type of project +.s. b. Type of facilities provided c. Square feet of enclosed structures ~c.<A-l,aA., d. Height of structure(s) _ lIaximum '.' c.~" .c..."'~ "\,&-'1 e. Ultimate occupancy load of projec ~-~~':'~~~~ ~ f. Nu~er of on-site P~~i~l,5~a;.e~.,(.to ~rovi~~"";~_~ ,~so-.I g. /qua~effo~ad and pavea surfaces ,.-t.... '''!___ ~~.~'!~ (c.~T\~ h. Additional project characteristicsE.~\.."",,,,,, "f.~ ~ l>^~\. <1' ~) .L""" r. 1.-1 ~ad. c:T' ,.. . --,- "T.T ~~~~:~ \.J~~~ ;;;1'=..... at' f-'- L~~ ".,;,,~~~_."""I"'!a-" a."',"t'i..,,~. (~)""~ f L'...._"':"'-~~...~.Iz.,lalO".(:. (i) ..~ (...) G..... ..........~,. "l. t.. 3 ~~. 'E~"..u-. ... ~ Q .. t.on:.....s...!Il.'" C. PROJECT CHARACTE~ISTlCS "'7". O,...-.=. 't'\,\'80S.'T. ~.I\'o\ ~.( . ~) bc.co"'"4l"...al. ~.........~__.it.U 1. If the project could result in the direct emission of any air 't......,... ~.f-. pollutants. (hydrocarbons. sulfur. dust. etc.) identify them. Um..D 2. Is any type of grading or excavation of the property anticipated ~e.~ (If yes. complete the following:) a. Excluding trenches to be backfilled, how .any cubic yards of earth will be excavated? .:!lo,neo ...~.l_'L 't~""do.'" How lIany cubic yards of fill will be placed? n"'A" How lIuch area (sq. ft. or acres) will be graded? a.t ~ ---c.. What will be the - Maximum depth of cut ..J 0 .c...~~ Average depth of cut ~ L~ ~ Maximum depth of ff11 ,3 (' -,,-\- Average depth of fill \ ~ _.... b. c. d. WPC 0413p/9459P -3- ~-vf Attachment E45 " 3. Will there be any noise generated from the proposed project site or from points of access which lIay impact the surrounding or adjacent land uses? n.-...n. 4. Describe all energy consuming devices which are part of the proposed project and the type of energy used (air conditioning, electrical appliance, heating equipment, etc.) '" "",,4'_ 5. Indicate the amount of natural open space that is part of the project (sq. ft. or acres) no",_ 6. If the project will result in any employment oppo the nature and type of these jobs. . . . 7. I~ ..0'......,111. . or potentially explosive or stored within \~. lIateriaTs or the project ('t..c.\t""Uo.~no- ~....~ Will highly fla~able substances be used site? HI> 8. How many estimated automobile trips, per day, will be generated by the project? Uo.l'\"-"'n ~W'\.~ 9. Describe (if any) off-site improvements necessary to implement the project, and their points of access or connection to the project site. Improvements include but not limited to the following: new streets; street widening; extension of gas, electric, and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. ","I") "~~';l.\... ........~~~~~. D. DESCRIPTION OF ENVIRONMENTAL SETTING 1. Geoloav Has a geology study been conducted on the property? h n (If yes, please attach) Has a Soil s Report on the project site been lIade? no (If yes, please attach) 2. Hvdroloav Are any of the following features present on or adjacent to the site? "" -,. - t.uou.:! (If yes, please explain in detail.) a. Is there any surface evidence of a shallow ground water table? N""", b. Are there any watercourses or drainage improvements on or adjacent to the site? -;:Y.oC" ~ ~r."'" "^fIY'~. ,j rn.:_#!o~. ~vt.r\-. ?I"llpe>~ l>~ \.....~O .... ft~ 6~~V'~,~ Ot (J...~~ ~NR. WPC 0413p/9459P -4- . \... c.... ~ \,Nl,. " l.JUo'W ~ . Iff - ~ Attachment E46 ; c. Does runoff from the project site drain directly into or toward a domestic water supply, lake, reservoir or bay? ~ 3. d. Could drainage from the site cause erosion or siltation to adjacent areas? ""''''' e. Describe all draina~e facilities to be provided and their location. ..s1~{"'~l..l.V-~"" ~V"'I'W :t.A..fllt!l B"\L ....,~ ~(~ -+u..p',<:::_n oc. 10 ..~~ )"""Pr"tl';t.~~ -"'n"l~ Noise (i~ ~\\~ I c:.o.k..Lo- ~r:W\...S dc...':) T...j . a. Are there any noise sources in the project vicinity which .ay imp ct the pr ject site? ' , ~ 4. c S>~ ro,~ ;~.. :\-o~ "",,~.s...~ ~"'-=--\- ~ioloav c... ~~\II"e( "A~.l...Q..' ~ ~ ~."';- ""~~ ...5.'~ . a. Is the project s e n a natural or partially natural state? i'\.o b. If yes, has a biological survey been conducted on the property? ~I~ Yes No )( (Please attach a copy). c. Describe all trees and vegetation on the site. Indicate location, height, diameter, and species of trees, and which (if any) will be removed by the project. .' . 5. . ~ "". \ -r'~ u"'-' .-...d..N"1r r. c/..-.r&A.\ "'-' 'I.t'~ ~ ~..-1al. Past Use of the Land .-.o~ ......,r,,J'-' !l.~' 4-- ....J~ ~ ~ ,~""" I"+~~" .$fc..'i...- . a. Are there any known historical or archeological resources located on or near the project site? h,.,,,,,,. b. Are there any known paleontological resources? """'. " c. Have there been any hazardous .aterials disposed of or stored on or near the project site? 11\-'.. . d. What was the land preViOusl( used for? f'o..-.~ M ~ o~......... . .. I N e:. ~ ,.... . -- :.rf> - ,,~ S 15~ \...~~.+~. ""'....,.....c,""'+- u'-'b'''' " o~ ~ ,,""ll~ .L. 2. --"-.P'~:'L. c.o...........i~i~ \ , *" I . I'D"-~ uf-~-",J .': r' -'- \.J.f6 ~~ ~~ t.. \'O-u \f-.: . \0:. ~ .z-..s~.'\M\IV.Io.~ '\CTe.~~~\i~ :t:.. \~- \b' 5 CoIL. Eo....,.o ~~ ..,..,. . + .3o.:t~ ~ . ~i' k.+-)f 50 I.,..:.... 2.0' t.jo 14 ~\ ~ ~ WPC 0413p/94S9P 't""!/V _S!BWo)(. 1'cl ~ I 20.... &..r ~, ~'~~~'r,..~ J\ 1 Attachment E47 : ~ . . 6. Current land Use a. Describe all structures and land uses currently e~i~ting on the project site., .~~ b. ~r-.ft&M.) ~. u",:H-.. /MJ.~ 6C,YJLc:.JL.. Describe 11 structures and land uses' currently existing on adjacent property. North ~'" '--.a\L ~l._ ~tN\L ~c.,.~~ - ~c...\nfo.....~,.j) South East West < . 7. Social a. Are there any residents on site? (If so, how many?) nD"'.. b. Are there any c~rrent employment opportunities on site? (If so, how many and what type?) VLo~ 8. Please provide any other information which .ay assist in the evaluation of the proposed project. ~.fO. ,.~t:I 1"-"1':.1 ,.,F dn.+...rJ n2... \,. .ct~ r../'JjjfAM^I"(I'~1A... AonV\I"Ja .c::.~~.u.P.Vt-6--. .~ WPC 0413p/9459P -6-,;Jj -t; J Attachment E48 - . I . E. gRTlFICATlON 1. ..)l~ or Owner/owner in escrow* ~.~:L.e . ~ y\nk. ,,","'t"t " ....t.. , C' \v..... ~ ~ v~~~ ~()t..A.\.U..- ~ ~~ ~~~,~ HEREBY AFFIRM. that to the best of my belief. the statements and infonlation herein contained are in all respects true and correct and that all known information concerning the project and its setting has been included in this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. - DATE: fl:'J~ 'I f.jj1 *If acting for a corporation. include capacity and company name. . WPC 0413p/9459P -7- -r, Gtf' Attachment E49 PARKS a RECREATION COMMISSION AGENDA STATEMENT Meeting Date: 02/17/94 nEM TITLE: SUBMITTED BY: Resolution: Approvtng the Master Pion fOf Otay Park Renovatton. DlrectOf of Parks and Recreatton Dulng the PI 93194 budget process. CouncH appropriated $137.800 to formulate a master plan and construction documents for the Otay Park Renovation project. Since then the Department has initiated an In-house master planning process. Thl& haa been a collaborative planing process which Included a series of meetings with Otay re&ldents. admlnl&tratlve staff of the Chula VIsta Elementary School Dl&trlct (CVESD) and the principal of Otay School. The de&lgn and development of the Master PIon fOf the park and adjacent Otay School open field area Is prepared for Commission consideration and approval. A colored rendering of the proposed design plan will be available at the Commission meeting to facilitate the description of the proposed Master Plan (Attachment A). RECOMMENDATION: that the Parka and Recreation Commission support the Otay community preferred plan aa the Otay Pork Renovation Master Plan and support Option 3 Pho&lng Plan. DISCUSSION The master planning efforts In the Otay community 1& an attempt to address: 1) park and recreation deficiencies In the southwestem part of the .CIty and 2> Improve the condition of this older pork. The Commission may recall that the Deportment Investigated the feoslbnlty of &ltlng 0 park and I recreation complex on the Fourth and Orange property. A Master Plan with several options waa developed. At that time the library Department was able to gamer a substantial omount of funds from the state to construct 035.000 aquare foot foclllty. Consequently. the library (because of the availability of funds) Is now utnlzing the Fourth and Orange site to construct the South Chula VIsta Lbary. The Department ha& since assessed other pa&&ible park &ltes In southwestem Chula VIsta. One area that possesses tremendous opportunities Is Otoy Park. Through a joint development and joint use agreement the park site could be Improved and expanded by approximately 4 acres. ThI& report dl&cusses what tha&e Improvements could entail at fuI build out of the Master Plan. Located off of A1bony between Orange Avenue and Main Street. Otay Park 1& 0 4.3 acre park In need of &lgnlflcant Improvements. Upon analy&ls of the &lte. staff took Into account the $UlOundlng community and all potential opportunltle& within the immediate area. In November of last year stoff launched a series of meetings with the residents of Otoy to determine their recreation needs and desires. In addition. an analy&ls of the Otay Park and Otay School exl&tlng opportunities and constraints waa prepared which identifies three varying conceptual de&lgn a1ternattves for the &lte (Attochment B). On December 9. 1993. the three allemotlves were presented to the Otoy re&ldents. At that meeting the residents selected allematlve 'B" aa the preferred plan for the park. This allematlve proposed extensive Improvements on the entire park &lte and the school playgrounds and open field areas. The community identified a madlflcatlon to the allemotlve "B" plan by recommending that a gymna&lum be located next to the existing Otoy Center building's eastem edge rather than the southeast comer of the school field aa originally shown on the allematlve "B" plan. d/ - r;f Attachment E50 "Co<nCI Agenda Statement MeelIng Date: rtJ.117/94 POge: 2 A common theme expressed by the community was the Importance of the final master plan reflecting 0 strong emphasis on meeting the recreation needs of the community's youth. The provision for 0 gymnasium was Identified as 0 high priority recreation facility that would meet the community's focus on youth diversion and recreation opportunities. Further. the Olav community group discussed and agreed upon 0 preferred funding and Implementation phasing plan In the foIowIng order: (1) Construct 0 gymnasium In the first phose. (2) Develop the athletic fields. (3) Install the passive use area. (plaZa. restroom. stage). of the master plan. A preliminary cost estimate was completed based on the preferred pion (Attachment C). The overall project Is estimated at 2.5 million. Due to the total amount of 011 of the proposed Improvements. phasing of the project Is required. An analysis of optional phasing of construction was conducted to determine the benefits of 0 portlcular phasing option over another (Attachment D). Four possible options were identified. they ore: -. -. -II OptIon 1: Gymnasium School Pork Option 2: School Pork Gymnasium Option 3: Pork School Gymnasium Option 4: Pork and School Gymnasium The implementation of the Moster Plan In 0 three phase program Is_a cost driven plan which would anow Improvements to be accommodated over 0 period of years os funding becomes available. The community preference for funding and Implementation of the Moster Pion Is represented In Option 1. The Deportment preference Is reflected In Option 3. ,The Deportment believes the implementation of the proposed pork Improvements In the first phose would directly benefit the recreation needs of the entire community while tolerating currently limited construction funding. The Deportment recognizes the Importance of 0 recreation center with on emphasis on youth diversion and recreation for the south Chulo VIsta residents. The deportment Is directed towards aggressively seeking other funding sources during the course of the year to make the entire OIay Pork Renovation Moster Plan 0 physical reality. , ~ - 7tJ -..-., ._-- -..-- ._- -- .=..... .--- - ._- 'R---=- "=--=- ._- .,....:oi.::".:r:lI 11:1#-=- "==.- --- Attachment E51 Atkd.,.en! A rf=- I I ;--= RIaNlw. -- -- -- @ . * * ~ ~ ,~ I ~~ }l '~ 1.0 ~~ I I I I I I I I I J i ;,. .i. , . . .~'-:-~-(.~}-"'-'i. , - . ! ;. L. r::~~_:~:~;jJ . --_.. =--=-"'"'- .------- ._-- r~ .1 '-- C~-'l/~ - ':j . '-I~=- -,. , . - j. .' --- --- IiS.O,(O.H. U~l' [ h I o - - -- <t IV\.... Olf.... 1CD" 1cIII:,....cr - OTAY PARK RENOVATION MASTER PLAN ~1I~ .. O&~ ....____0.-- , ;;2/- 7/ Attachment E52 ~:it~ :)\ . ,; ..~. .. N.I'" COR, SEC. 23 , - ~ " TREMONT . ' ~:~ '1 - (;;) - -"i:: ~~ ~ 10 ~~. ~Is. 0( ~". "I~ ~ ,,~. ~I /lt1S7.IM . 1tIS1'.IH : N .... '. .""". ......... Pol , ST. W. ...'.....40"6 .V " ....,.,.. ~ . @ PAR. I PM2583~~ I. 4.30AC. .. ~ _~ ~ '. ~'-'"l.' ;,...._f! l<t .PM 25~j',.."n........aa , W I "",.,.-...-- ......" ~.,~. I'"" . 7-c,u) : MONTGOMERY to .T.i~ @:. . : )-. {\11' 10 1J.27 AC, ...: ~:tIi e: 1 Ll >1 ~. o <( z! ~: .< J-~i: ~~. <t:: . ZENITH ST. ~!' 'r , ., I 139 AC 1 Ol( POR. PAR. 3 o "S.B.E. MAP , I:l ~ . ....1-31-101 ~~ , I", I;'J 4i~ I .' . '.R. S. :4 O' '13. .,.-t~~.,,"...::,,: :~. .... . ;:". : . .I.~ .,!:":i;.;.:;.;c:ii..., "; - .' " ~I f'rZ.O~c.."'" Q AFf.eA Q37 0' .. K' ... .... O' Eii) tU1 o L3 ";' ..I. ,;:. ..I. .. 'r . EiiJ I . @ ueAC f ) D ij .. , . "}. 5T. ~ ~ . j.,OCATIOH' -H.AP errPH' f",IlI.JZ."'- ~~ov'AT IO~ . ~ - @ 5." OlEc.o COUlCTT ,,;.., :'.: .'. .... .. ., .sSESSOIl'S iliA' ,,' lOOK .Z3'AGr &~ MAPPED FOR , 0' ":'"'1:'1....7":1. Or. ..~. V'. ASSESSMENT PURPOSES ONLY '. ,IJ..-.r.II'..... Att : ......_ achment E53 ., . ~,,'.1 . oJ .. " . oJ " . .. .. . . . Alfill. I. S. 1..._5.2, 2, ... ... . . . ..'IIlIK'7331 .fJt! ,LAC," INTIRNAL IIVIN, ,ORPORATlOH GRAHT DEEor lIII '11M '1IIISIlI " ..1II111l! IIIlIUIKIIII 'lUll CIMPII1 .... ... .... n~~s BROTHERS MOTOR CO.. utr,OIIllon ""nb.d under the II.s lllhe Sllte II CalI fornj 8 _ here, GRANT II "CHUL^ VISTA CITY SCHOOL DISTTllCT fOR A VllUl8lE CONSIDERA liON. !he rhl "operl, In the ClUnll II Sill Diego. Sllle II Cllilornll.lIescrlbed IS: . Thfot portion of Section 23. TOW!lship 18 SO'.lth. Renee 2 We~t. Slln llernp!'t'Uno t!eridi~n. jn the Co'mt.y of Sl!ln Diego. stnte of Col1forn1". ecco~ine to the United stl!ltes Govern~ent 9urvey Aprroved Fphruery 25. 1870. deBcrjhed es foll~rs: COl!\me'lc1nc l!It the SO'ltmrl!~t corner of the t'orth~re!\t Querter of the tlorthpllSt QIlerter of ",,1(\ Section :131 thence El!l~t. 730 feetl thence North 8,8.00 feetl thence Wl!st 730.00 feet to the East line of Otry pccor~ing tQ the tll!lp thereQf ~o. 2631 filed ~n the offier of the Cr:l'J'lh Recorder of SR'l D1pro C01lnty, .T'lly ",. 18871 thpnce Sonth Rlonr 5..1(\ ERst ljne to the point of Cr:lm",encempnt. EXCEPTIPG frQm the ~hovp de!\er\h~ prr:lrerty. the WPFt 300.00 feet of the So.)th 320.00 fc"t t.herMf; end th~t portion of thp Sr:ll.1thr.rly 220.00 feet thereof lyjnr EAFterlY of the E~Ft line of F~1rl Ye!t 30~.00 feet. II lit II $I I h r ",. Slid corporllion hiS clused its corporlte nome end seol to H Illixed hereto end this inslru. _t 10 H executed br i1s_._..__.-.-.. ....__.... President Ind .....____.._.._.-- Secretorl there. 11110 dul, Ib'thorlzed. \J.. . ~'.', . ~~tDller_'I....l958_- 'i:\;~~ ~'. ~.": :. . - ... (SE l r.'. .~ . .:: /.; AI ~. ..... '. " ~ . .... .~ . .~,~ 'lilt -E"\",,-'."<OJL CO "-- - If -t~4.._- A ''-.A/... _, """... 1,.- ~~-_....... Setllll" \ _Statu' CALlFORl11^_. .--\ t ~..tJl' ~~~::~G~, .1.. 1 ... .. .. ............. I .'''' ..... - .. I 1 c-et .. S\otI. ,......, ! ................. . i,'. pJI,lG" . . . .: .." ""-- ,-, . . '.mnfll .. wIIIlIo \ fiCl..~.!':t'...=--= , ~,J4 "M.- ~"""'1Ill ....old ~ . q :IIi'Hs.I,UllS .. I ..... ,'en.' . ~.,. _. :-Z;- i . , ......~. A.... ........ .. 10: .c.h1l1!LY:1I..t.~.-Clb'...S!Ll).Q.9.L1U..l!.t.rid..J'._..Q.;.?1) 907. Chula Vist~. california SPAa .lOW ... IltollDlrS IS( OIllY \\ \1l~.. ... rt' ~ ..-. \ ~ ~, !i '. 182671 "m:mOM:f.OUE\T OF 'r ~O" lnU 'I'URf.rCr Cll. ~ Oct 31 .a..u ~II '58 noM T.J;Jl F'GE34~1 DFFICtl.l HCORO~ I'. DIEGO C!'U~lT.tMI'. I\IER N "nflr .RHn~nF /~t. e t ,. fJ: .: ~/"'7~ 7 o t ~ J ~ i J 41 .J ~ . , 0~ ~~t . , NOTICE OF PUBLIC MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of considering the approval of the Otay Park Renovation Master Plan. Proposed improvements include a general use area in the northwest section of the project site adjacent to Albany Avenue. The general use area shall include a plaza area with new public restroom (1,600 s.f.), a shaded arbor for group picnics, children's and tot's play areas and an elevated concrete platform (two to three steps from adjacent passive recreation turf area). The concrete platform shall have a planting buffer along the north edge. Active recreation spaces are proposed for the remaining portions of the park site and the southeast section of the school property. A softball field is proposed to be located in the northeast portion of the park site. A soccer field is proposed to be located east of the existing school building on the school property, and a decomposed granite path will follow the perimeter edges of the softball field and the soccer field to provide pedestrian access to all proposed active recreation components on the City and park properties. A gymnasium building pad is proposed for the southern portion of the school site. A future joint use gymnasium is also being considered. The gymnasium might be between 9,500 to 11,000 square feet and include a basketball court of 90' x 54' for other uses including volleyball and badminton. General park improvements shall include new site furnishings, picnic tables, drinking fountain and security lighting. Tree and shrub plantings shall be sited to defme recreation spaces and provide shade on both the school property and on the park property. An Initial Study, IS-94-21, of possible significant environmental impacts has been conducted by the Environmental Review Coordinator. A fmding of no significant environmental impact has been recommended to the City Council and is on me, along with the Initial Study, in the office of the Planning Department. Copies of the Otay Park Renovation Master Plan and the Negative Declaration, are on me in the office of the Planning Department. Any comments to be submitted to the City Council should be received by the City Clerk's office no later than noon of the public meeting date, but can be presented orally or in writing at the Council meeting when they consider the item. If you wish to challenge the City's proposed approval of the Otay Park Restoration Master Plan in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City Council at or prior to the public meeting. SAID PUBLIC MEETING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May ~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: CASE NO: April 5, 1994 IS-94-21/PR-133 COMPLIANCE WITH AMERICANS WITH DISABWTIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may need special aocommodation to access, attend, and/or participate in a City meeting, activity, or service to contact the City Clerk's office at (619) 691-5041 for specific information on existing resources or programs that may be available for such accommodation. Please csIl at least fo~ighl hours in adva1rce for muting. and fivt:,day. in advance for scheduled services muJ aaivities. California Relay Service is available for the hearing ~. r2J./ If -.... ~a " . r-l-.Mf-, 1 PROJECT HH: 't.A'I LOCATION 111rtH--l1 I II! r-f'i'\. CI- RVER ST. '\. I !! '\. , ----d \'.'r!~'. \ill' / Y~'- - ""i.\ \ 't-::: --.J . - .\ \ \.. /". - -- "11/""./ ~ ~....-- c If......... ..L..LFnTIi c>- _I~ ~ ~~~GE -.JI~~~ ~ )~~ -_ .clvE _ "\ JM ~ !J7)r--- I = JI ~ ==.~ -- ;:;'::";.'~.,. -,.... ,":':J ) . .',: OIIIIIIIDIIJ ANITA S1. = l==I _ I II -~ ~ :~ III -II W&~ IIIIIJ]]~ I I e ,/ ~ ~Jy II rJ/ /~ 0 IDJ]lJ F- HoNi t,;i :;.<'x//0~rQ r:: 171 ~ / IIJIIJ DJIIIIII[]] ~10Nr v;' ~ Y . i, ~I. ITllJI]:BIIIIIJJJ]] ZE;....j;'f"~ </~. IIDJJII] ITITIJIIIIB -- m [[J]ll]]]J] I'-1AIN ~. I I ~ - .~ ~NCURU. ,_ Ii 1-0- 1- ~ 1- ... '.1- ~OIIIITIJ~ ~ ..., o ..., ~l . J~ II: BRITTON ST. r J l~ CHULA VISTA PLANNING DEPARTMENT (!) APPLICANT: City of Chula Vista PROJECT DESCRIPTION: Parks & Recreation Dept. INITIAL STUDY-OTAY PARK & SCHOOL ADDRESS: 1613 Alban~. A\'enue Master Plan for renovation of Otay Park SCALE: FILE NUMBER: which would include the construction of a NORTH 1" = 400' IS-94-21 gymnasium, athletic fields & passive areas. ~-75 E:~~~.:~:r:j~ :'1.::0 ao . JrJ'~) ."0 t~ao . .,::-:7;;'). u ,XXXXXXXXXXXXXXXXXXXXXXXXXXXX xXxxxxxxxxxxxxxxxxxxxxxxxxxxxx .XXXXXXXXXXXXXXXXXXXxXxXXXXXX xXXXXXxxxxxxxxxxxxxxxxxxxxxxxx XXXXXxXXXxXXXXXXXXXXXXXXXXXX xXXXXXXxxxxXXXXXXXXXXXXXXXXXXX .XXXXXXXXXXXXXXXXXXXxXXXXXXXX xXXXXXXXxXXXXXXXXXXXXXXXXXXXXX XXXXxXXXXXXXXXXXXXXXxXXXXXXXX xXXXXXXXxxxxxxxxxxxxxXXXXXXXXX XXXXXXXXXXXXXXXXXXXXxXXXXXXXX xXXXXXxXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXxXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXxXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXxXXXXXXXXXXXXXXXXXX XXXXXXXXxXXXxXXXXXXXXXXXXXXXXX XXXXxxxxxxxxxxxxxxxXxXxxxxxxx xXXXXXXXxXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXxxxxxxxxxXXXXXXXXXX XXXXXXXXxXXXXXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxxxXXXXXXXXXX xXXXXXXXxXXXxXxxxXXXXXXXXXXXXX ,230810<00 'ILSON JOHN ~I- : ULA Y ISTA E IROSEA TT A 'Y CA 91911 b2300l0~vO ~QAKIA ~ ~HULA YI,TA ~A 91911 · ~~'f) 1.-" ~ . () . J:::Jl to) '5?ii :-00., .. 1t~::>.0 :JC..t 0 0:0.0 .",..,. '~.-. >230810700 'ERNANDE2 ANTONIO R/RuS~~ARIE b230~10800 ~A(' ~11 c2/ - 7~ ----- - --. o .c:c~&t3~dbI6~o~6>::J~on{:i:JE=t~:b:~j~:x::::>'fJ~j'. . C 0 (: ",CuD.'l D!.a\;.CYD':~'J'a"o.::)<::>;;~; JJC:J:':)~ :J::Ji. . . o . Q co... C).CZO=.JO..;J aD'~ ,;:rJO::l::::>1:>:O'.;.2X32::f. .:' C 0 f C'O'C'''-.' ''-;~"..,,'n.-'''"''O "'" "'" o. '"" ':. r)>""""Y'-""--"''''1'''~'''.. " '""_. .~'~., ;;'~~~'''i-.'w..J;. --",'-I '-.I>; ~c...J.~ ,J':",J:-';:-"-"':"'1;~..z"'.J_J:' O.C"C~C'" ,.: """" ' "." ."".-,'" , . C 0 f:cr . . . .. . O.C"O . c O.,~<Q.J;. ..-~'~ " .---,. Oo..<?c~ . o . Q;:<::Jl '0. e:t:; . o. e.~c;a o .C1:J c.-c~~ . , Q &b:L.i :.'_ "'k~ . t ,,",~ II ~ .AB.. 00&;>3 IS-9"-d i<.XXXXXXxxxxxxxxxxxxxxxxxxxxxxx -'UBLl~; PARKS: 1&13 ALBANY AVI: JiXXXXXXXXXXXXXXXXXXXXX.l\XXXXXXX <XX.l\X.l\XXXXXXKXXXXXXXXXXXXXXXXX ^XXX.l\XXXXXXXXXXXXXXXxXXXXXXXXX "XX.l\X~XXXKXXXXXXXXXXXXXXXxXXXX JiXXXXXXXXXXXXXXXXXXXXX.l\XXXXXXX KXXXX~XXXXXXKXXXX.l\XXXXXXXxXXXX XXXXXXXXXXxXxXXXXXXXXXXXXX.l\XX: XXXXXAXXXXXXXXXXXXXXXXXXXxXXXX XXXXXXXXXXXX.l\XXXXXXXXXXXXXXXX: t ( KXXXX.l\XXX.l\XXXXXXXXXXXXXXX.l\XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX) KXXXXXXXXAXXXXXXXXXXXXXXXxXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX) KXXKXXXXX.l\XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXI 'II: XXXX.l\ X XXX xxx XXXX XXXX xx xx xX XX x xx XXXXXXXX xXXX xXXX xXXX XXXXXXX: K XXXX~ XXXXX xx xx XXxXXX XXXX XXXXx XX xxxxxxxxxXXXXXXXXXXXxXXXXXX: f: & 23030 120J . C ASTLL1ARK ENTERPRlS ES 1. .....L, ._._' E SCONlJIDO CA 92027 &2301110100 DREW FREDEKICK A/JUNE T TRS __ __ _ _...._.. ... t CHULA VISTA CA 91911 &230810!>OQ NUVELO bA~E HULA VISTA b2301110bOO . REED LYNN/IIA~E 11 Tl L ., CHuLA VISTA ~A 91911 SA S/RAFAEL II AY CA 91911 01;",,7 ; 0',. C'~ o (:x..' 0.0 CO LC O.C,', ,O('C ().c:: ,.A!, -- .. - . b 2308<2700 8RioN ~AR;ARETTE -. - m Hi CHueA VISTA 91911 . . &2308,3100 AGUILAR J 0 S uE l:HUeA VIS'; ~ "e A 1911 . . &2308<3900 -iONIAeEl HECTOR ~/~ARlA 0 J lU _ _I C HUe A VlST A CA 91911 . -_...- . .=.:":: L. _ ;;.cxn:<: ?:: . &2308,~300 ~ICO/ARACELI CHueA VISTA CA 91911 . -1.';:1.:- ____..:....:::.'=_: . b 230 8, HOO '(V~TEN mGIWie ..... . ..... ~... CHUeA VISTA CA 91911 . . &2308'5100 ~ :OSTA ~<Sl CA 9 ,&, 7 . . & 230 82 5~00 (hAVE' ~A~L P 10~GA ~ - -- - ChueA VISTA CA .1910 f . b 230902700 ~RISHIRLEY CHueA VISTA CA 91911 . . b 230903100 ,~L/RUSARIO G CHueA VISTA CA 91911 . ,.' ,-, ...- . . b 230903~00 ~9 LUiS J/~ARIA _.._. l~ CHueA VISTA CA 9 911 . . . .,. b23090~300 ~OORI(,U<Z ~\RGARITA OE TR CHueA VISTA CA 91911 . dj- 71 &230~Z2800 ~ SAN OIEGU CA 9,105 0230 bZ 33 00 RO"EkO JESuS C/PETRA l H~O Ae8ANLAV< ~ _ ...!!JIII ..... CHULA VISTA CA 91909 &Z"O~HOOO FEKNANOEl JOSE L/NURIA Y 1 .....IT CHuLA YIST'-CA 91911 .f-_- ;;L<:E:~-=~: I &Z30.ZHOO , ~ONTLLA ~AKGARW H ~. - - - . .-. - ...- CHULA VISTA CA 91911 ~ --~;;.= &Z30~H800 ~AKTINil OCTAYIO L/CAR"EN A 111. _. _.. ~ I~PEKIAL 8.AC CA 9193< 0230~H200 AN1HUNY "l!LARU S - _...,,~) . - - -- LOS ANGELES CA 900~3 &230.Z~600 FLUR6S PEORO F/EVA G 4- .. ...- - , CHULA VISTA CA 1911 oZ 30902800 ~" TlPENEeOPE J CHULA VISTA LA 91911 oZ30903200 GO~E< PHILLIP J JR/LYOIA A LJ _. .. . I~ ..L CHuLA YISTA CA 91911 I J - ::;;:;':;::.._._-:::--.':~_.~'". oZ30903600 KURT~ ,~VE : CHULA VISTA CA 91911 '. &2"090~000 ~THA U ~-A 91911 &Z3090~~00 TRASVINA RAFAE~ JR/GLOKIA '~ CHULA VIHA A 91911 t oe C':o~ · .0 t!',(..,,"JC o"eGroJ C.(J-f ,C-C: oecc1 co~'C;c f) <l. C:;C(! ,.,~;g~ " . --'4 4:> :':I-';::~ () e G":C", a..G'O oe aiG!l ., , a'. ox:;: o. Ctc:iIC o.r~; O.('~Al .l).~ e & 230904 700 ~LYN N C HULA V 1ST A C~ 91~10 t. & 231001600 ~ C HULA VIST A CA .~1~1l 62313<1500 ~ CHULA VISTA CA 91~1l t....L' _~.._. ... & 23. 511 bO~ ....~OA .CHULA VISTACA 91~1l 6 l3151240~ ~i~EU~XH'~NA " TRS HULA VISTA CA Yl~11 & 231512bO~ ~O L/~RCELIA ~~91Yl1 62315,3 ONtAL A "ICAELA CHULA VISTA CA 91Yll 623152370~ o EFLO' AN O,EGO CA ~215 6 23152 uo~ e ~ARIA T .CHULA VISTA .CoA ~1911 62315,4500 .., ~UNlACES J~""A ._ _...__ T CHUCA VISTA CA 91911 6231524900 ~A"LA CHUCA VISTA CA 91Yll b 23152 HOO L UlAN" EN~ I UU~ kOLI NE HUcA VISTA .r:.A 91911 4- 79 6l :;090~8UO ~O~IU ~PIFANIO/VIRGINIA CHULA VISTA.lh 91911 6l 31 00 LUIS OON "U ~STATE~ ~919 6l31H1500 .UllIU NOk"A CHULA ViSTA CA 9.911 -.T~_. '~'l:.:c~ 6l31H1900 RUII PAULA G 'I .~~CL~- ~U~ A CA 1/1911 6lHH2500 PAUILLA AG~~U/CETI~IA -. . CHULA VISTA CA 91911 6l31>21900 ~~~~Uunb.. ,. "..- CHULA VISTA ~A 91911 6l 31>l 3400 GONIAL~S ANOkE CARA ~LA V{;~A ~1911 6l31~l3800 ~U..Wlt '\ SAN UIEGO ~A '12B~ 6l H~24l00 PEkEl HENRIETTA <AkA O~LGAOJ , ~ :~i siTc19i9ii 6l 31~l ~600 JUARH H LAR N OIEGO ~A E/SARA k 91139 6231>l5000 ~ CHULA VISTA .~'A 9.911 6l31>l6000 ~"ARIA V ~ 9.911 I o. c:d .04::X-~ o .OT)') en 4: ..G'C o. C~c:1 C. CO ec'l: lJ.. c:.cii ~ cO~'.g"," -=-!!~:4 .~'::1~ () . QiC::C .O.'.G:'Cl e Oc. GtG.!I , 0-. r-;:Ci ~ O..ciCX o. .cd a.erA( .ca& t 6 Z31612~OO ~AVA ~RTU~O B/ANTUNIA B TKS L - . '~p CHULA VISTA 91~10 ( 6231612tiOO I.' .:. MEl i~' .ftLtliiOO/AkMIO A R CHULA VISTA CA ~1~11 \. l 6231613Z00 ~ARHh MARIUN C/INOCENCIA R {HULA VIST; C\ 91911 e .~: ~ ;E" _.;:',.;;':;;'I!.~.., ~.c:t;:'i':_~:~-,~ ".... 62316L4100 ~IV.R~ RUOOLPH L TR tt1~G. CA 9<669 623161~~00 ~R ORANG. CA 9<669 ~ 2316Z3100 ~.NA'C ~~1~11 62316Z3700 ~~i~L V. ftf.fiGNE)~ L.MON GRO,E CA 91 ~5 ... :I.'-.-.--.-:::-: 6 Z316l ~ 100 ~~TT_ ~ ,_.....;:Jft':'1 .:;..- -' . - ._~-, - ~ --- --.- ~~O ~1 f ""':IF.. 6 Z316H~OO . . ~RA ~910 623<112700 · VILLANU.VA f~MILV TRUST Of l~t 9 · C HULA V 1-sn*I! I 0"11 c.2/-B'D 623l.blZ500 GU.RKERO ANTONIO'L/LOHZ VOLA' OA I CHULA VISTA C~ 91911 623.1~12900 tI.tA 1UHNNl , _ _ ..1 T CHuLA 'ISTA A 91911 1>231613300 ~EKN TUOLING/COMPO)ITES - ,......_..~ ! tiONITA CA ~19 .t INC I .T Z_~S:,~;- 6231613700 lA6~i~.IC'IlRLOTTE STA CA 91911 ~2n6H200 ~ CHULA 'ISTA C~ 91911 1>231~1~600 ~L CHULA VISTA C~ 91911 1>2.1623400 GUCIA Jon ~~~- ULA VISTA M 'I CA 91911 , v 1>2311>23800 ~ CHULA VISTA C~ 91911 62 n62~200 ..];N LpO MAR 10/GREGOkIA P .... .._n, l CHULA VISTA LA 91911 ~..iIi=_:: .b2 3l~2~600 ROURIGUEl tiEK~ABE/GUADALUP. k ~R/CASTRO AUk CHULA VISTA CA 91911 6231625000 GONZALES MOI~)/CONC.PLION CHULA VISTA C~ e~911 ~2 321128 00 AGulKRE REfWGIU C JADLnrfu C~ 914!1 o. c:c o ec"X: e 0'.0'0, co LC:C . o. C~C:'! ,0 ('C,c O. C:iC1! . ..~g"" .,' ..... ~ - , ~7:-i! a. c?01 e o.G~ o. ..C'.iG~" , 0'. 0.' 0 O. CiiC 0.,'" " o.cr.. . ca6GQ & 23Hl310~ ESTRAUA AcFKEUO O/IlARTHA 'tHUcA VIM1lA' ~"'ll <,. &2321.1.3&00 ~U F.Wh Y . . J .HUcA VISTA C'A TRU ST O~-O .1.-92 lid 919TI &23211~000 yVELAS)O hIJt~ETH R - -- - -.. CHULA VISTA CA 91911 -- ...~~_ ,J;, _ ~." ~_ '-- & 2321H 000 ~ UNTlJN ROOO..FO 0 SR/lIUlA }PRING VALLEV Cl91977 & 23211~80~ ~/CUNNIE CHULA VISTA CA 91'111 & 2321<20UO ..y ENEGA S OAN~c eUOAHY eA 90201 & 23<1<2 900 ~O tHUcA YlSTA CA H/JUANA 91912 & 2321<3300 S ANTlAG~ JNj!NIU c/llARrHA C C'HUcA VISTA CA 9191l & 232123 700 ~OR ~ CA 919il r &l~113300 JE.Eu."lt!oReEOES TRUST ll-lo-9: I -, -SAN UI EGO LA..~~ &l 32 113700 ~El CANUTO .._.. I CHoLA VI ST A eA 919n &l.Zl10100 ~/CARIIEN L ~, 91911 '~irC:: &l 3l1105 00 E . fSPAKZA JOSE T/ELllA '.. -~.._. 1:HULA VI ST A LA"'1/1911 ~---=:::~'::":.~'~ "::;::.:;::'" &l32110900' , OEARTE REVuCABcE TRUST 0b-2~-' 2 ..t' ~HULA VISTA eA J\911 &l 3112 1&00 PINO ARIIANUO SK/IIAKIA E - 'T" 1 . .M SAN DIEGO LA 9lI'!l'0 &l 3l .I.l25 00 iAlJA YO GUAUALUPE k - -- CHULA VISTA LA 91911 &l.2 II 3000 lIL~~ CHULA VISTA IIIj!EL LA 9l~11 &l3ZllHOO ~~AcOU 0 EST OF ~eA 91911 ::.~~~. &l 3Zll 3800 GOIIEl EVA I ..... " CHULA VISTA eA 91911 & 232U'100 &l3l1l0l00 WILLIAII/DONNA C TRUST 0~-07-80~AClU/IIA"IA c ~C/D WILLIAlltC AKILE PERKINS . HuLA V STA eA 91911 1 A C 19 2 . ... ( . 02/- ~/ &l321lZlDD ARNAc IIIeHAEc E/e 1 N U EGU LA 91117 0.0:0- 'OVL""A: ~ O'.O:Gij '.0 LC'C: O.C,C1 C ,oecc ct. c:.cli e ."~igft.O -'-~ .~ft O.Q~oi( ,... ,O.~Q ... O. GiG.... , O. !(;:cI Q n. ('i!Ci( 0..'<' O. {;,J;: ca&' b23Z212900 t ~NJO JESSI~ ~A VISTA CA Y~l ( b 2322.HOO l' ~/JULIA M ~Y11. . ( b2322l3800 ~ ,GUNLACES ~IC~ARO H/NAN L CHUcA Uf!TA CA"IlY11 ~"--'='--::'__.~,...=_::_. .--"-.:: b 2322H300 GON,A~ii DANIEL R .h .. ~ 'SAN DIEGO CA Y21 ~ b <322H 70D CASILLA~ SACVADOR/MARIA 0 ~11 b 232 l 15100 ~/ELVIA CHUCA VISTA CA Y1Y11 b Z322210DO LOPi~.mU '-- C HUCA VISTA CA 91911 b 23Zl" 1bOO iALcE-OLLH.IOE~ MARIA E -t AN Y> I ORo'" CA"'21~3 b 23Zl<2000 ~/MANUECA ~i~TATCA 9lY11 :....;.:;:_=.:-~-:._- .:"5:'. b232Z<lbOO ,e~nv~T~ HERMtLA N CHUcA VIST~CA 91911 ( b Z3Z z< noo I I 8AKRA RA~~ G ~CA yi~TA CA 91911 ( { 6 Z3Zll3~00 S ~RRATOS JUANA C ~ ~1-'-~ - HUcA ISTA CA 1Y11 e2j - 8:< 6l3lZ13000 HOFFMAN IVAN J/MARIA T ~ 6Z3Zl1HOO ~Ro J.SUS C/MARIA C - CHULA VI~TA LA 91911 bl ~l Zl3900 ROURIGUE, ANTONIO P/MARIA .- - n .~ uLA V S A A -.;11911 623l21HOO ~/IRMA , i;,HULA VISTA CA 91911 <UVA> bl3l,h800 TORR~S MARIO O/HAVOEE M fL I ~ CHULA VI~TA CA 919 1 bl32<15200 ~ ?7nW f/o.lnDu... ,. .~ CHULA VISTA (,A 91911 b23Zl21100 ~f.ft'l~tNJRo A/CARMEN A '. aONITA CA Y190Z - " 6232 <21700 ~CIU P/MARGARITA CHULA VISTA CA 91911 6232<22100 PI NE UA ANDRE A r CHuLA VISTA CA 91911 ;l:'!!' __:"::.-1. b232<22700 GARCiA ESTHER_ CHULA VISTA (,A 91911 .. b232<23200 FLURES JOSt L/REINALOA G 0 4f - ~ULA ViSTA CA 91911 b232<23600 VliT~~~~ JuSE/ROSA ~HULA VI~TA l. ~911 o. c_cj C <I C;L'!C O.O:o~ co C ..G'C o . C'c.'j ... C<lC:'CcC .... (). <: ;ell .GcllJ,~ 0 o.~~b] .. O.(;':Cj Q o . Ci-Gll , oe C:cJ O. ('~J( e oe ,,~;j C.'C!":l!( . Q&'G4'l b Z3Z300bOO ~ J/E'A W ~91911 l , b l30Z700 C ULA C 0 C CHULA VISTA bZ"Z30Zl00 ~L/PATRJCIA A CHULA vISTA 'A 91909 bZ3Z~00900 ~' CHULA VISTA 'A 91911 bZ3Z>OZZOO OEVELOP"E. "ETRUPOLITAN TRANSIT O.VELDP", NT BUAkO --- -~ '.. .l:OkONAOO A 9Z11B .b zn 5 ZlOJ .. "METIlO AN TRtlNSIT NT .OARD Q ~DRUNADU CA 9Z~18 :;'"..c-:l!!-:'" '-":.. _.:UIK::.::;.L__ ~..,~:.....- b Z3l50Z500 ~/"ARlA CHULA YISTA CA 91911 b l3l71 7 ,03 ~O~ YICTOR A/A~ILAk CHULA YISTA CA 91911 AR"luA bZ3Z717Z07 FLOCK OA'ID R' "HULA Y ISTA~A 91 ~ 13 b l3Z7 1 7Z11 P AYAN SAL'AUOIl/"ARTHA "HULA VISTA CA ~f~l1 b Z3l71 7Z15 P ICAZU kljA~iue'1f.LDA r n _ CHU~A YISTA CA 91911 -.:'.J.. bZ3l717Z19" . J IA "AR I G HULA YISTA CA 91911 ... b l3l717ZZ3 ~~ ~1 ,. b Z3Ul. 7ZZ? ~I C HULA VISl A CA 91911 b Z3Z71 7Z31 GREEN ROBERl S 'aR ~." CHULA YISTA CA 91~IZ q-!3 bZ3Z~OZbOO "ELLS LARR Y D/~ JEANNE - r \ ' CHULA 'ISTA 'A 91 lD bZ "Z71 7ZD~ ~JR/"ARIA T ~AN ulEGU ~A 9l15~ bZn717Z0B M~R .iKH ALEJANDRO ... ~ i CHULA 'ISTA 'l 1911 ,bZ ;;Z71 7Z1Z ~/"A'IE " CHULA VISTA Cl 91911 bZ;;Z71 7Zlb KA"INSKI GUAul~UP C N A ONlu TX 7ijZll JZ b2;;2717ZH ~IE ~/"lRY J BONI TA Cl 9190ij b23Z717ZlB HUGGINS BEN CHuLA VISTA . I 'l 91911 bZ3Z717Z32 ,.NE ""AN K " K T "ON GRDY< 'A 919~5 I O.C:O co C;L>C O.DLi & co, .,_C:~ ' O.C':'C .O("C: Q aec:.c Gj~,s:.~ 0 '. *i?I " o . Q:O;C OC eo . o.n,c.!1 , o. c:Cl o. CCC;( o.rJeJ Q G .1:,1(:..( '06~ 0 l b 23271 723; ~ANNA " ~1950 l b 232717239 ~OUIRuiA FRANCISCO J/ESTH<R S C hULA 'v I~T A CA'~ , 0232717Z3b .RUJlLLO ELVIRA" CHuLA v~'91~11 023Z711HO IVERA Ju HuLA VISTA LA 91911 . b23Z1112~3 V ALOEt-ROMERO ROOULFO/VALUEZ L LOU.LJlj; ~...&''''''.......... CHULA VISTA CA 91911 02 3Z 1l1H~ KELLtR JUS.PH L ~ ~HuLA ViSTA CA 91911 llL" b 23271 72H TURRES GUAOALUPE R JR/ROB<RTA A ' .. ......-- ~ CHULA VISTA CA 919 b 232117251 ~EA ~ b 232717255 ~NURA ~ b 23271725~ ~i~~ICARUO/"ARIA T ~hULA VISTA'CA 91U~1' b 23Z1112b3 ~NT STEVE/JA2EL 1 'e f CHUeA VISTA CA 1U 11 b 232117201 ~ ~"H~ 00-12-92 b 23Z 11 7271 ~R C hU..A VISTA CA 91911 b 232717215 ANIEL/"AKlA R C HUeA VISTA CA 919 ( ( b 233120300 R USSENOuFF YVONNE H <AKA Z A YVUNNE H> - 4HueA VISTA CA 91911 e.2f - f1 :-:!1::l:,":~... . 023Z111H8 ~ 02 32 1172~2 ROORlGuEZ JOS ULA VISTA LA 91911 b2 3Z1172~b ~ CHULA ViSTA LA 91910 b2 32 1172bO ~LUA A CHuLA VISTA LA 91911 02321l7ZM GUTltRREZ GA~R1EL FlESTRELLA 1 J t! CHULA vISTA CA 9191 023Z111Zb8 ' ~UEZAOA ANTONIU F/ANA CHULA VISTA LA 91911- 02.2111Z1Z ~ CHULA VISTA LA 91911 023Z1l7Z10 ~GIUCONUA CHULA VISTA CA 91911 b2 .3120~00 "ENOl "OUL TON "I CHAEe SI JOANNE ~911 , O. C.c'.J .. o C<(.. ':C '" O.O'GJ CO. .c<; . a.eel co.' CC a.c:.ci1 . G,A);Q'~ .........,;.--:.?i o.(?,C~ e .().G. O. G,iG , (). CD 0.... C2C~, o. 'f"': ~ O.'CI:- . '06 62331,070a ~OHERO CAt LOS A/VERONICA i ~ .CHUL.A VISTA CA-91911 t. 62331<l100 ~ANTUNINA U ~91911 l 62331, BOa WPEZ CAR"OSrfANA H ChOLA ~lSTA CA 91911 62331,1900 I;..RANZeN JA~INi: CIfJLA VISTA CA 91911 6 2331lZ 300 M~HE' kO.E~HARIA J ,C HULA VISTA CA 91911 62331<270a PEREZ JUllAN v/J'iARIA L ... - ......... . CHULA VISTA CA 91911 I 62331;0 ,oa ~eNH C HUL.A VISTA CA 91911 62331;1100 S ANUR~~tJESUS F/HERHELlNUA G Tt;ULA VISTA CA 1!911 o' 6 233131500 ~EYER, JOEL/ANG LA Y V I TA CA 91911 , r 6233H030a AGUINALUO REYNALOU H/FLORi:NIA F ~' 1 ~A VISTA CA 91V1.1' : 6l3>H070a TOLENTINO BENlT1 V/HARlA v .~ "11 " L.A VISTA CA 1911 =}'- K 6233120BOO NGUYEN NINH uue ~ 91911 6233121200 ,t~~ ~fJAN\RO , A V STA eA 9L911 62 33 12 16 00 ~RHIi:N~nj "lM'iLANCA CHuLA VISTA eA 91911 , 6233122000 !i'VEZ RUOuLFO uLA VISTA t\Y91911 , 62 331Zl~ 00 ~ ~~911 62 331Z 2B 00 WAeRi:R AMI RA ~~ . r A ViSTA e ~911 6233130~00 SEVERSUN RVBERT E/YUKO ~ _ 1 TIUNAL CITY eA 91961 . 6233130BOO ~IA ,CHULA VISTA eA 91911 6233131200 IoE..ISCM--'l.AlliE A T IlIII .11 ,~,-..._ " ,CHULA VISTA eA 91911 6233131600 CORONADO RAYHUNDO/EVANiELlNA .. -, - I e~ U A V I SAC 1911 6233140400 ~ULE S ~.~~~tl 62331~OBOO EseOOEOO HARCEel IA u A ViSTA eA 91911 0.0:0 OO':a=-~ e co Lee O. CZ'C1 . coecc o. c::.cll O~,g..c . -- - - , ~~ "...",-~ l.- e) . C?iO~ QC€'O e o. C6!l , (). '(::C oe C'fC';:( . 0-. 'r::;Q OeCr!( 'Q&~ fit b Z33l't 1100 CUN~AU klCHARU F ~~1~11 l t. b Z33l'tHOO S ANCrltZ RUOULFO' R/GLORIA < ~LA VISTA CA ~1~11 l .. b Z33l't 190J ~ASCIMENTU GL~N R/OEB~IE L ~HULA VISTA CA '1~11 ~Z33Hl300_ . ABRERA U NOkMA A .. ChUcA VISTA CA 91~11 b ZHHZ70J J<NTZ EAR~ </kAkEN I ~Ll vl~YI c1 ~1910 b Z33143100 GARCIA All ClAM ~LA VIS!A CA ~1911 b Z3314 HOJ . 'CRUi RUtiEN/liAKIA I ~1 ,bl33l> 040J ~, ~A"CA 91911 bl33l,OBOJ "WSNAUO P.U/GRAE-\ELA CHULA VISlA CA 91911 b l33l, llOJ ~ANOAkA Ji'~{~iiW C hU.A VISTA CA 91911 b Z33151bOJ CAMPB<LL OOUGLAS R <OVA> ~1 ( ( bl3315ZUOJ CASTRU LEOPULDO "'/CHARITO F ~~It.. m7f1ir~' n.l'. d-j-f7, I bZ33141Z00 ~B CHULA VISTA LA 91911 bZJ314J.bUO ~UTH<RFORD WILLIAM A/KATHL<EN S . nO 0" _ CHULA VISTA LA 91911 bZ3314Z000 ~llAkDI RUoEt ~,CELILIA CHULA VISTA LA 91911 '-'::.._-~,~- bZ3314Z400 . G'ONZALEZ A.UST IN P/D< PALOS "' RIA < N 1 ~A VISTA"CA 91911 bZ33l4ZBOO tiANOA AURELIU V/IIAklA 5 ~J.911 bZH143Z00 ORRANTIA A:WU A/jONIA A CrlULA VISTA LA 91911 50100 R/ROH~ARY VISTA CA 9,004 bZ33150500 ARkEuONOU IIANU~ M/CECILlA CHULA ViSTA LA 91911 "--L qz 3315 09 00 ~RA ~1911 bZ .;3151300 TURN<R ANNA II <<LA VISTA LA ~~11 bZ33151700 IrACHACEK HiA~n T' ~~A ViSTA CA 91~11 bZ n 15Z1 00 CISNEROS JUS< L/ARIIIDA W(Um/CA f!911 ; . 0.:r~1 o (JLll. 0..1: r~ Of ::LX 0.:.1:'3:," o C K:ll. oee iU O"'"''RJ=; ~ ~,- 0,;. G'~ o. <(;,-, o_c..a:a . , ...(::1: o...c.. ..... O..~..J - ~C.. ..'W . . I> l3315 HOO ~c ~~11 I>l3,151tiOO CACAYAN C~ERR HULA VISTA CA V TRUST 91Hl I>l3H10~00 ANOA ~ARIA ESTH,R ~LA VISI~ ~A 1911 I> l33HOtiOO e CASILLAS OO~INGO/AURELIA. ~1911 . Ol33HllOO CAVE LEONARU T/LOPEt-CAVE N toTTE T ~lYll J b23315l500 SANGALANG ,ILVERIO T/OULORES t _A VISTA CA~t911 b23Hl0l00 .:ELLE JA"ES nvm cl ~" AR Y J 1911 1>23Hl0500 .~~I~\(~~ ~1911 _.l:W b23Hl0900 PARRER "ARIA C , ~91911 'lO:h.~ - _. .~ .L!:"~:i:._:'::_~"""~ 023H1l300 REH NGUYEN UONG uLA VISTA LA 11 o 23HJ.lbOO ~HONY ~O c23H1l100 T/GIOVANNA ALDERETE I~NACIO V/CUN,UELU N ~1911 0;'33412000 GARCIA JOSE """" VISIA ., " B/BERNAL "ATIANA CA 91~11 o 233412~00 VALOE AV 0 E/"ARTHA N ULA VISTA CA 91911 . o 23H12 800 V U TR' V/.E L1NH T ~11 o 23HZ 0200 JENTZ EAR. E/KARE I ISTA CA 91 10' I> l3H< ObOO ~UROOCR REX/ANGELA ~911 o 23H< 1000 PENA "ANUEL H/AR"IOA G 4HULA V1kH ~IY11 c:r~ ! 7 "". '2I!llL.~ A " 911 1>2,H1l500 iBLES jV~Nt CHULA viSTA. CA 919U b23H13100 CITY OF CHuLA VISTA ~N ADDRESS ~ . '- 1>23H20300 ~H/"ERCEOES R CHULA VISTA LA 91911 b2 3H2 0100 BENITEl JO,E u V S T A LA RIA E J 919U 1>23H21100 PIRE, ANN~l ~A ViSTA CA 9J.~11 .....~.w':~. . b Z33 ~l HOD UN ~LEl JULIO/b NCA HULA VISTA CA 91~11 . b Z3Hl1800 . ~ F/HARGARH C "ri~li!AvlsTl 1.91911 . . bZ3HlZZOO ~USA C ~ HULA VIST~ A 91911 oee . o (,x... O.O'~ .~_,:ii:~2~ -"-"'~. ,:;:.-- _L.__ CO(-C . b l3H<2bOO C ANFlcLO ~ObERT LI JERILYN C O.C' . ~LI vISTA 9~911 COfe CA o. <:.0 . oo~;~ . _.--- b Z3Hl3000 . T kEINeN RONALO L \HULA ~IM'-CA 9~11 . . bZ3HZHOO UZE MAN J'MES JUAN G HULA VISTA CA 91911 . . bZ3Hl3800 ~RITA CHULA VISTA CA 91~11 t ) bZ334<~"OO TULENTlNO BASILIO T/NENITA U ~7 . o . c;>:~ Ot:G ' o..c,~. - '0. 'C ' O'.C. OiLCa: J G. clIC)( . ,()& . b Z3HZ~800 ~1 . -~".'F""---"':=:.."~", b Z3HZ 5000 ~O(JUOITH L ~1911 t ~ 8 Z3Hl HOO SHITH DALE L ~CA VI~TA ~911 b Z33 ~Z 5bOO G ARil' HAUA G 'et. n~ HUcA V 1ST A 1911 02/-g1' 8Z33~Zl500 ~N /JOYCE E R ' CHULA ViS A CA 91911 8Z 33~Zl900 ~ CHULA VISTA CA 9191Z 8Z 3HZZ3 00 HERRUN HuGH H/SUSAN E CHULA VI ST A LA ~911 8Z 33~ZZ700 QUINuNEZ JAIHE F LICIA L ULA VISTA LA 91911 8Z 3HZ 31 00 fPOo~ANlu~n~ 1 . CHULA VISTA C~ 9.911 8Z:>HZ3500 TORRES HARIO ~/LIOIA CHULA VISTA~ll 8Z3HZ3900 ~A~ V/LUCRECIA CHULA VISTA LA 91911 8Z33~Z~300 ~ ~1911 YOLANDA 1911 -, . ..-...._,., .,'-' - ~~- .',_. - . .~. 8Z 3HZ !>lOO KESSINGER ~EORGE ~"n~ 1 A LA 91911 8Z 3HZ 5500 OE LA TORRe ALEJANURO/GLoRIA WA ViSTA L'l9'~911 8Z 3HZ 5900 DE HAAN HOwAKO L/NANCY R ~1911 , o.c~ 0(;"<"'" 0.0 C O( .c' O.C';' CO('C . 0.<:. c. o,~,~ . .-- 0-" () . <?~,; o....~ O.C.clI ,ac ~.1.; oe (-'~1l( ac,c.l uec.::x . Q &G1r..l ,.;IIiL. ;,;::::: ~~,~':::::'.,:..":-"::"'~:..:I"!:.i::::::;::'-,~,-~.:,l'.:-' 10233'<210300 HICK<:> SERGIO _A-VYfu CA 91\10 b2.3~2b700 UNN JUHN J/ JEANt NI TA CA n90l TE P o 10233'<27100 .~ . CHuLA VISTA CA 91911 _':!fLi:~':~ '-'~:~ b i9Db,0200 LIM JAM~S/LIM M~LINOA ~UST LI-01-ti9 \ SCuNUIOO CA 9202, . 102901020300 FAM IL Y 1 MOERSpN LOREllfO TR CHULA VISTA CA 91911 b 19100HOO . ~/PAMELA TAuJ~~~l038 I. t b i.910U2~00 UNION 8AN( TR ~O~PT f S AN 0 I EGO CA 9211l t b'l912UOtiOO . ~DOLOR~S H C HUl.A VISTA CA 91911 ) . b 91202000 H M SAN DIEGO CA . ,.,." __'7 .. ~~~t~~lt03ESU) 8/MARIA ~ ~O ~T AL . CHUl.A VISTA CA 91911 -~"~ ".' - c.i L.,;'.:;.~:';:::.:'''''- . b 291410bOO . . ALLEN BUDDY c'-/J~ANN~ E -CHUl.A VIST~A'nlLl b 19HLI00a ~RICIA ~1 b 19141 HOD R UM~ RJ /lA< GAR IT A 4:HUl.A VISTA~A 91911 oy- 17 N TkS 102910011000 RE~D ELllAtiETH /I ~'103 10291,00100 ~ CHULA VISTA CA 91910 /I b UOlI00 I: ET t' SAN 01 ~GU CA 9, "~.;~~'t'!'r,'''- r&E:'_,.~ ~:;-- b29HI0300 <PF> .tUNE, GUILl.EkMU C/ANTONIA l. .uLA VISTA CA 91~1 b29HI0700 ~E ~RO'l.Au9~2~3 b29Hl1100 .~~ ~~911 b29H1l500 DuvERNAY GARY/l.HONG . -!ft. 01 EGU CA &<l~l 'J o et:.t::i · o "~"'1l. o e.c:Xli . ,O.:1X oet:x ':l o CIW-: f: oecJCa O~ :"::!;;L:. ~ oeG; 0..:(-.1(.; U.L.I.... '0".1:"2.: O..~-... O'Wll.J C.C.. . -.&~ b <9H11800 ~ ~~11 b<9HIHOO CROwE. FAMI~Y TRUST 01-12-90 ftLA V1SYA ~A ~1911 b <9H12800 WHITTINl.TJN FRANK L/LORRAlNE ~'~11 b <9H2 OlOJ C A8ilAc ALWI NA V _~ 91~11 b 29H2 0500 Y ERA JOSE T /MARIA L G --~11 5<9152030J ~ C HULA Y 1ST A CA ~1911 5 ~915. 020J ROORIGUE2 ROBERT A/GUAOALuPE ~ 7 75130 lUb ~ ~'ill 7752302003 C. ~ALTON VINCENT G ~1 . 7 75Z3OZ OZ3 ~ ~ 7752302053 PENA JA"E~ ~HOcl VISTA CA VI~nl 775Z30Z0B6 ~ARTINE. LOAROLINE C HULA VISTA CA 91911 ~-9J J 529H1l900 YEPIS ROUERIC/MARIA E ~911 5Z~I_12~ R R FAM 01-12-90 ~H~ VIST~LA 91'911 5291 CRUWER FAM T 01-12-~0 91911 "L .:~.~'" 8291_20200 YERA JOSE F/MARIA C ! ~A 91911 829H20800 COUNTY OF SAN OIEGU ~3 8291520_00 PECKTOL SILAS/YIOLET ~C-A 91Hl 5zn530300 . GONZALES HENRY ",ESTHER G FA" ~ ~CA 91911 . 7782301'17 ~ , ~9iqll 7782.02008 . ~S_~/PATRICIA A ~11 :.zlIIi.:t.1i..~'~.. 7782302028 ~ '~ 7702302055 CARRICK JILL E '~ULA YISTA CA 9{911 7782302093 ~ ~TA' LA '91911 .__. M~~_'" o.t: ;;, · OeL'I( o ...c 1.l! c. Ot ~x o .'C'9: :< Ot'IL" G.C~' o~~ ...~;..;. @l it o,eG'fCI. C oe !{~" ~lJJI '....1.:1.; . o..nr. O.X.; . L..C. . .G"~ 7 7b2303000 ~1 L 7 7b2 303 073 ~NDI:R:.DN G~RY E II ~1 77b2303211 . ~TRICI~ J ~ . 77bZ303HO ~ CHUL~ VISTA CA 91911 77b2303389 ~ ~1911 7 7b230705~ ~ITH ~911 7 7b230708~ ~ ~911 77b23u71Z1 ~ ~11 77b23u71b.> ~. ChULA VISTA CA 91911 77bZ307219 C LDLEY CUOLYN . ~LA vl!lCCf.I. 77b231000. GANvY 8un ~11 ='/- 9'1 J 77.Z ,03025 wORKINGER GEURGE ~ ~ 77I>Z3030~0 aE CE RRA fE RN AN vD ~ 771>2303100 ~ CHULA VISTA C~ 91911 .Ar" 771>2:;0330Z ~ i~ll .;:. 'lW:'-,~Y:-:;';'." 771>Z.>03HZ ~OUHY GARRY R/ARLENE :. ATORA TN y~ 771>2303999 KLuE VE R JERO~E ~CA J 9191Z 771>23070 bZ ~1 771>Z307095 fANNING GLADVS J MLA-mPflcl MIl 771>23071lZ ~s lbERbERT Lif.~RBARA C V STA CA 9 911 ":;".C';.l.iL_ __::. 771>2307107 ~1 771>Z307221 ~~D BARbARA. J CHuLA vMr Ll'J~ 77oZ3100H ~ CHuLA VISTA CA 9&911 .'.""'.---'~~"~'~= ,.- .'..,,- ~"'.' "' if . L~_~" ,B0822900 ~ :HULA VISTA CA 91911 ,23082HOO ~TU/AURORA ;HULA VISTA CA 91910 ,2308H100 elliRU MAilV J _EST OF ;HULA VISTA CA 91911 ~~.,!:<, ..; E',.,,-., ,23082~900 ~A :HULA VISTA CA 91911 8B0825300 ~ANNING DONNIE EST UF ~ :HULA VISTA CA 91911 ,230825100 ~ELILA N :HULA VISTA CA 91911 _~""'i,J.'K:lt<: 8230903300 iALOIVIA ELIOOORO G/MARbARITA ~ ~A 91911 8230903700 ~ZM~.~O C/ALICIA IAN LA 9< 823090HOO HARDY AKIKO ~A 91911 8B090~'00 ~L JR/GLuRIA CHULA VISTA CA 91911 r" 8230823000 ~AR RU8EN,MODESTA CHULA VI~TA C Y91911 .230ti23800 ~RT IN ROSqfA CHOLA VI~TA CA 91911 , Oil JR/M LUIS. CA 91910 nn.ge . . . .:>e" r .. X ..0 . l[.l.'O ':r:::r kC ' a r:JrleT) r~.o .').0 ~_._-- 'Il'/'Itlt:1rYl ,TA CA~ . 823082~OOO SALDIVAR CAROLINA L ~1911 .230ti25~UO ~DRA CHULA VI~TA CA 91910 .2309028UO ~ CHuLA VI,TA CA 91911 .2309030110 CARRILLO JDSE/A!i.OSTlN. H ~A VI,TA CA 91911 .230903~IIO ~INEC ~ 91911 .~~ .~-o IJ:) e() . .:aX) 0 ) p.~ ~..: :J.. . 0 xx,o . 0:>.0 ::a....) 0 . .~.'O -r;-' .2309038UO CENICERO~ DEMETRIO/OLGA ~TCA 91911 .230900200 HAROY AKI U A YIHA CA 91911 .2309008uO DIAZ MIGuEL/.SPERAN2A . ~1911 .21- ~;?- Z3l00Z 100 .~kIS ~ Z3151l..00 kAIRE "ARGARio V I A CA L Tk 91911 . =<;'I':=~'- Z3l51Zl00 ALAS JUSt k ~911 .Z3l51Z..00 '~KS VINCENT 'LAURA HULA VISTA niPftl 'MICAELA Z3l5Z3~00 ~ HULA VISTA CA ~1911 :.;:::"':--" .Z315ZHOO 'URTAUO SALVAuOR A/f 1 . - :HULA VISTA CA 91911 ..u..c....., ,...~"_.~..,.. ..Z3100Z5UO ~TR LHuLA VI,TA CA 91911 ..Z 310030UO . ~STATES ~911 , ..Z315117 00 ~RESA CHULA VI,TA CA 91911 ..Z3151Z300 ~E/CONCioPTION V ~ 91911 ..Z31HZ700 ~UST OZ-17-93 ~1911 ..Z315Z3Z00 ~~Z~~S/"ICAELA ~ 91911 ..Z3HZ3600 ~ ~1911 ..Z3UZ~OUO GUADALUPE ,OTO JOE .R/LUZ en VISTA CA M V ~Mt .,':,'1;;K;.' ,Z315H 300 AMIREZ JAI"E R ~ , ,Z315H700 'ARO 'UAOALUP S/.EATRIZ LA VISTA CA 91911 ,Z3l5Z5.00 (Ull kO,A J ~VISTA 1 CA ~1911 ,Z3lbJ.O<:OO lAVA JOE a/MAkGARITA u ~11 "'-~'~.',.".-"'"'~ .-.; ..,.--........., r ...~ . ..Z31~ZHuO ~ZALES JOE B/E\"A LHULA VI,TA CA 91911 ..Z 315HB 00 LAND ~lADOR G/MARIA C !HuLA VI,TA cX-91910 ..Z315Z5300 PRECIAUO ANDRES PI JUANA N ~LA V{,V~ L>>"~.911 ..Z31011300 ~AHG ~ t , , e , \- ; . .... .... ~ I' '''I.) /1\-=. . 'Y." .?eU j } i . I j , , ~. . ...;)~ .... .. 1 X~ ..0 o -X~ r. l X".O -.--.,. a: )eo J; - 1'3 Jl!II!,~~~~" 23.1b12000 AYA A~EJAN 0 "I"ARTHA H4~A YI TA CA YIYll t..'~""'~~ ...._".....~ _. .~ 231bB 000 ~~DO R HU~A YISTA CA 91911 231b1HOD ~"DS YU~AN~\ HU~A YISTA CA 91911 , 23 AR HU~A 231bH300 ~)CAR/GUAOA~UPE AN DIE~O CA Y21H 231b23~00 ~~CILIA HULA YISTA CA Y1911 231b23YOO ~ICIAP ~1 ":;::,.';; } ~ 231bH 300 AL"A STEYEN P ~~ 231bH700 ASTRO HECToR/AURORA .~LA YISTA CA Y~11 ,231b25 lOO :ACARANAS GkE~DRIO ~/ERNESTINA ~,~ ........""n. _ HU~A YISTA CA 91911 Z3Z 112 YOO ONlA~El ENRIOUE/~Ul ~1 I"" ~ ....... .'.,__,' .'u bZ31bl27uO ~ ~ . J 0231013100 ~SUS H/RD)A " 'HULA YI)TA 'A 91911 0231013500 ~AJ ~911 0231013900 "ART INEZ "ARIANA ~91911 023101~~00 ~X C/RAQOE~ Y ~9l911 , aBlo 230 uO HDRTIZUE~A GEO~E A/YO~ANDA .CHULA YI )TA CA 91911 0231b23boO ~ R/ELYIRA ~ LA 91911 023102~000 URTll ~DKENZU A ~11 023102HoO RAKIREZ JESUS J/CLARA ~910 0231b2~800 PA~"A SfEYEN P -cHULA YI)TA CA ~1 0231025200 ~/KARIA . ~1911 0232113000 fRANCO A)CUNCIDNIKARGARITA ~~ 1 ! ~1MI . . .'le'} '.".0 . . leo exy.. .. "'l..-rJ '~"lII.O ., q:.>.u l: .. -,;,.-- ft"Y" .. I ]I;).C ""I: ,. ~ "J;.:>..o X:S: J. . '!.').::>.:o .... ,.. .', .:>.0 dj-9</ l. .. '-"-"~.=".,,,,._.............-..~ ,2)..2113~00 ~ TRU,T .AN OIEGO CA ~ZlO~ 62321135110 lL-28-93 "A~TIN~Z VIC.NTA G TKUST -93 ~91911 02-23 ,232113000 'ANCI~LAS "ANUE~ R/"A~IE S 0 :HULA VISTA lA ~'911 ,23211~200 ~18ER10/"ARIA C :HU~A VISTA CA 91911 ~L:~r... -.., 2321H600 ~fKT G/LAURA HU~A VISTA CA 91911 I 0 6Z321139UO ~~ R/DO~ORES C CHUlA VI,TA CA 919,1 6B21H3UO HERNANDEL JO. A/"ARIA ~ 91911 .Z3211HIIO ~ ~-91~ll 62321153110 G4llNOO ~RANK'GRACIElA ~TA CA ~l.A!l ,232121000 ~C ONiTA CA 9.902 TRUST 62321219uO 0~-U7-8~ ~ ~O 232122700 .~ :HUlA VISTA CA 91911 CIA Z 9 VI ,232123~00 ~RCIA JU~IAN V/VIRGINIA :HU~A vlsJA'lA 91911 . ~.'~;"'''':r1:: ,232123900 _OPEZ VICTOR "'"ARIA. ~U~A VISTA ~A~1911 "J~32124 ..00 ~ERRON RENN.TH . TR :HUlA VI~If'CA 91911 ,232242600 \~8ERTS SHEilA A ~ ... A'" <> ... w - _A JOLLA l.A nOJ8 r .2324228uO .~oERT E/ESTHER ~ 91911 .2321232uO RUBIO HORTENCIA 2 ~91911 .2321236uO ~RANLEN ROY U'"ARY lUUIOVAI ~A 919'11 .:,~.-- ~-~,._...-. ""'-. . .2 321H5 uO CALARES "ARIA ~ ~ 91910 .232L1Z7uO .05 "OR ~a.O/~OEf " A VI,TA ~A II e nn.'9.,. .)(;).0 r=-li.O ~ ](~_").o ~:x:y.() , Ji-:Y;) . 0 . rk'li. () :E":J1~e() . ~75~() J::1 .., ) .,.~',.eo - - .0., It . eo . ::..~.. ., ,. eo c2/- 95 Z3ZZ13100 8!.I1li..R'~HARo "/BEkTHA G HU~A VISTA CA ~ll Z3ZZl3.00 ~ ~ Z3ZZl~OOO ~AG 'HULA VISTA CA 9191Z :,6;;;,:,,,:-. Z3 HU~A VIS TA Z3ZZH900 ~RAGUZA TRUS, 07-10-91 ,HU~A VISTA C 91911 _ _'0'.'_ <....... - U~-OI-9Z Z3ZZ21l00 CAR"EN A RUE UNITA CA 9190Z -;:"!.} ,Z3ZUltiOO ~ ~ll .:.':L':.;_.':-~"-..Ri.?':~;-,=.~,::::.....:;J;:>;:,:_""::-.:r..,,".s ,Z3ZUZ ,00 ~G/EoNA F ;~15~ l':!il, . _ _.--..> ,znuz_oo ~UD/DRALIA ~A 91911 ,BaZBOO iABRERA JUAN S/"ARGARITA V .HULA VISTA ~ 91911 ,Z3Zunoo ~"ARIA V ~ 91911 r----- . ---...-.""", oZ3ZZ13200 ~oS.PHINE ~l _Z3UBb uo ~CO G/uD~JRES F CHU~A VISTA CA 91911 _232ZH2 uD ~E/GAY~E R ~5~ bZ3ZZHbOD ~ CHu~A VISTA CA 91911 bZ3Zll5ouO CASTRO ANTON u A V >fA CA RISELDA 91911 b23Ul.~Oo ~ST CHU~A VISTA CA 91911 0~-01-9Z b23UZl3 UO ~lRP ~tRO _ NITA CA 9 Z A/CARMEN A < ~ 023ZZZl9uO DE ~A TDRRE ~~A VISTA "AR IA E r C H'll b232ZZZ3 uO ~A NtE RUfUS . RE vOCAll~E ~1910 TRuST bZ3UZ30uO VICTWRIA AuRE~ID/NOHEMI -CHuLA VlST~ 91911 bZ3ZZZHuO ~ ~ll bZ:; HELEOTRIC CO 1 " . if .. 'Jer . '...-0 ... la'll . ''1'''.., W'T'IWO '",.-.ao :'>.'" . , .-~ e ftY. r..:) eo :'I'. . n~,:')..o X~J. no::J e:o . 1l...... ~.o - J/- 1~ I,:.. _ ' ."" ~'- ~iM",'J.. <" ,3'2302500 HUI.A VISTA L. MULA VISTA '<A,-\oiW"~",'....,.~",.... f ~ " CITY SCHOuL ~nOl0 b232302600 DISTRI ALLEN ELoEN ~ ~AG LA M~SA LA 919~1 231501900 ~ JEANNE MULA VIST. CA 91910 b2325020uO UUK FERNANDO/LINDA ~ 23,502,00 ~~~I AN DIEDO CA 92110 b2 3Z 50HoO vObT MICHAEL A ~1u' .Lbu ut I." .".~._-_ ~AN DIEGu LA 92113 . I. ~... . ....r\ ......0 . . 'a'O 111'.. . .. Fl..-> . .....0 .') ..) . ::t,~;..:'t::.c.'lP'-=- '("' ..:.!. ,3l711<01 INA JO~E/ROSA ~911 b23Z7172U2 tlliiUIN NoS TOR P .ONITA CA 91902 JR --- 232711<05 ~R HULA VISTA CA 91911 b232117206 ~URA I.HuLA VI~TA CA 91911 231711209 MfAK SAI'IIJEL VISTA CA '1l911 b2 327112 10 ~K GARY A/JULIE C VANCOuvEK .A 9b!\5 23<711<13 IS EL V lA I. ~ b2327112H LWUl.IN~KI RICHARO/M.RIA9 ~HULA VI5TA CA ~1 23l711l11 .~/PAULA C ~908 b2321112 18 ~ 5AN DIEGo CA 92115 -...,,-", ..~. lJr:>.C ,.ll ,. · (!.X~.O :x:~,.. a 'l:"1!j.'O 1&11. ,.. ! .)'.0 JZ"," . .:";,,:/:- 23l711lZ1 ~SON MYR1L~ i.I HULA VISTA CA 91911 b2321172<2 DARIA JANE G ~Ul.A VI5TA CA ~911 .,- --2- 23l711lZ ~ ~QUEI. MULA VISTA CA 91911 <DV A > b2327172<6 ~THOMAS ~~TA CA J/ELLfN J 91910 ~ ,23<717<29 ~ARIA C ~11 b2 327172 30 ~1 232711233 .f.&.UKA LINOA I. '_1 HULA V IS TA CA J 91911 b2 327172 3~ ERAKDOIALEJANORINA I.HuLA VI5TA ~-9J 2n717l37 ~!~- ~ 2327172H ,~~IA HU~A YISTA CA ~1911 '2327172~~ tIlWlMl]m 'HULA YISTA CA 91911 ~~-:""<...;:=~_-;;':_7"'y.::,==: :--: 232717 2~9 RACK DURUTHY E ~ ~~~\l Cl"OlQl,. 0232717238 ~AKER ELul SE CHULA Y\'tTA CA \ 9191 02327172~2 ~RLY A CHULA WI,TA CA 91910 02327172~0 "DRENO JUSE J/FLORA ~ 02327172.0 ,EGNER TH~MAS EHLKE U 1 _ ~ CHULA WI,TA CA 9 1 .232717<53 02327172.~ .,~1'-23-83~ :f~ CHuLA YI,TA CA 91911 ,232717257 ~ELA 'HULA YISTA CA ~1911 ,232717201 ,ALINOD ERNtoSTO F/UTlCIA , , --, -- ;HULA YISTA CA ~1911 ,n271720. ;MITH JACUUtoLINE I TR ,7 TA~AKI~ij wAY 11 - . :HULA YISTA CA 9190~ ,232717,09 JE ANUA JUSto E I n 'lJft ;HULA YISTA C I z: -;'T.. c. <,. ,232717273 :ACAYAN YICTOR _ '""'f T - ., _ :HULA YISTA CA ~1911 b2331<0 100 ~GUYEN HUON" YAN/MAI NHAN -.. "i'III~1IIl1t :HULA y,STA ~A 91911 C/UONIUA Y r 02327172 .8 HICKS ORN. '!!\uLA wi STA CA 91911 023271 72 02 COYA,CONSOL GtoRTRUD T ~10 0232717200 fR AN CO F AM IL Y T CA 91902 ST Ub-12-92 T 0232717270 UH HYE YUN _ 'lI Y 1- . _ CHULA YIS A CA 1911 02327172 H ~NCISCO J ~9211~ 02331202 uO THI~ H/SANTDS J ~91911 023312UouO LA2AltO 8toNJA"IN C/LEONIOA W ~A 91911 ~, 02j-7! ~ ..;...., . . .:>.-0 r -'.5 ao J(~D."O . :XJ.., "](",)_0 ... !X'li\a. -:Jf pe'o -; ti~. . ItJr:>.() Jl:Jl.tO ~X:1e 0 w X,X'O" ilx:):e 0 :Jl--':' 0 ' .. p;,:,;e 0 l. 23 31Z0~00 'ILLA JUSE F/ELUOIA 0 ~HULA Vln~ ~1911 ,233121300 Jl"ENi^ HiWjO/GABRIELA :HULA ViSTA CA ~1911 ,233lZ1700 iUYNN KENNETH/ROSITA ~HULA-Jf!lA tA 9lifLl ;~'-:)~E"':::~'.., ~--:s;;:.;' ,233122100 'LllAKRARAS LETICIA ;-AN OlE~O CA 9H~~ ...._, ;' 'Ji,~:' . ,233122 ~OO ..RILEY JA"E) E~"ARlA . :HULA VISTA CA 91911 .233130100 . lE YORE ALAN k/TEE A r I L ~HULA VISTA CA ~1911 ,233130500 SALAS OLIVE i'I""o. . . .._ ,-HULA YlS T A . CA 91~1l b233130900 TULAGAN DANlLU J/NDk"iTA C ._.1- . SAN OlE.O CA ~2139 - ......- '" > --.-....,..-'- ..~.-- ,233131300 ~ ~LDkES ADAL~EkTD O/"AkY F CHUCA -'i"iSn'-CA~ll ~,;;~.:...~n::,;,:';;~:':L ... ~:-. :2L- <SITA L BUNl TA loA 9.9112 b 23 3 HO ~OO RA"IREZ l~ A/BEXY IT ..~. OCEANSIUE CA 92U57 b2HH0900 ....~ARCIA.~~KIA' E -...nU~Jli Tl~l" l;A'9191.1. , .. 'de . :>.() .}OJ :l.0 . '0'-' 0.0 'f .'~ :}O . . . 0.0 . . . . . sHHH9U2,rlll ~AS F/CAROLlNA CHuLA VI)TA CA 91911 02331214 UO 1'IZCARRA "IGUEL/LUZ "ARIA CHULA vl~A CA \1911 '02331218UO AL VARE2 " HULA V1)TA N R "AR 1A " CA 9 911 - ..:1:'.;_:.. 02331222 UO FLORES "lGuEL O/OLlVIA A CHuLA vl)TA loA 9fSl1 0233122buO HERNANOEL EONARD ~HULA VI)TA LA ~911 b2331302uO EGGETT KIP A/HI' KO L U A VI)TA LA 91 11 NIFER 91911 02331310UO LASTKO ALEXANDER F/EVELYN 0 ~lUrn ~'Ir loU'.911 ::=:;::::';::. 02331314UO LEAL ROSA WA VhTA - LA 91911 .-.-::;:.;.;.:. ,~ ".1.';-- ~331402110 A ANTONIO S/TERESA LHULA vl)TA CA 91 1 . 0233140bUO . LARTER LEIGH E JR/VIULA F ~LA VI>YA~c1"~11 .. 0233141000 . "DkGAN EUGEN U A VI>TA CA IRDaEHA A 91911 . c:2f-99 = ot".!t ,. () . e p;.?....oo xj\.o . Dr~ .0' ~"00 :;) ';').0 - . I << 2HH1300 'lVAS UM- r~Z HULA A 1911 '2HH1700 .iE BARRY i'r~HANlE A HULA VIST A 1911 ,233HZlOO . "ERIlO HtUN C, S 'HULA VISTA CA ~1911 23JHZ500 OSKIN ,U,AN M _ '~ ,2HHZ900 ~El :HULA YISTA CA 91911 YOLANOA ~J.~" 233150200 ~EIRA CARLO,/ROSEMARY , 1 'ISTA CA 92uB" ,233150000 :aUELLES J~~itt/e.A C ,AN OlEbO CA 9215.. ~:~: 2=. :.:. r._.:... ,233151000 .~ES SAUL 'HULA VISTA A/MARIA A CA 9i~1 ,2HI5HOO ,rOPtTE J MANUEL/GREbORIA ~OESTATE ~ ,23J15UOO :~'_~NOFRE/ELlSA M :HULA VISTA CA ~911 ,233152200 :~lA '~11 u J r~----'P ~...., -'.:....,....~. .-.. ~,""";"'~ ,02331..1'oUO '~U~LLY 1 -..-.AY LHULA YISTA CA 91911 02331'tlBOO 'EM IHL KE NNETH A/OIANE E ~ULA VISTA C~Y91911 02331422UO .,MITH JOnN W TR/~MITH ISABEL V TR -'PRiNG-VAL~Y CA 91971 oZ03H26uO RONCO RAePH/ JUOY . ~91911 02331430UO I. EA~STU M/J:QUINA E C U A Y STA CA 911 02331434uO LAwSON FRANR G/SuSANNA L/ U bALE S ALfAR ~ij 02331503UO ' LEHNERT fAMILY TRUST 5/20/91 ~AR ~08 02331501uO ORRANTIA ANGEL/ALBA ~LA-YISTA LA 9~11 02331511"0 AGREOANO FEOERICO ~ULA Yl,tA-U. n\l1 0233151500 ~ENSIA J ~1 02331519"0 jAS~R~_LtOPOLOO P~CHARITO F .HULA Vl,TA LA 91'11 02331523,,0 ROMERO JuSE ~A- VIs'A LUIS/SAN~U L LA 91911 c::2I- I~ t 'i;' .. .... . .'Tel ~.J.O . .. ).'{) 'X... I'Tl.WO . . "'-..0 1!i:1!.'}.~ ) ~ -,=" "1bnJ. . tJr :>.() ~lll. f1.~_O .. X ... r~:J.:o ..--:a I. . .. eo l- .....,...,',~.~~--,~,.....~ 23315ZbOO ~ITA ~1 2BUOlOO ~L B/MARIA F HULA VISTA CA 91910 233410000 ~G .ILLIN~TUN/AUOITA HULA VI~'1 ~~11 "}':;' .,=:~.'.~...,;;::;_:'::f:"'~ ..t;,'. Z334 11000 ~SHIKL~Y R H~LA VISTA CA 91911 23341hOO ~CELIA P HULA VISTA CA v1911 'r""".' 233411600 ........... HULA VISTA CA 91911 ,2BU2200 . TNCH LYNETTE G - HULA VISTA CA~1911 ,2BU2bOO '~MARIA ;~91911 ~PE oZ331521uO TOKRES Of-ELI A ~1 0233410300 ~OELINA 0 ~1911 o2334101uO AVILES J.SOS LIE SPERANZA ~91911 oZ33HlluO ~ANOE< HUMB~TO/ALICIA C~uLA VISTA CA 91911 0233411500 CITY OF ~HoLA VISTA ~ ~1910 oZ33H1900 ~R ~1911 0233412300 LINDNER MARV o A V STA CA 91911 CA 91911 :~,'_.._';'r.l,._.:::~' '~,.";a:-:_' '.. ,2BUBOO b233~20100 RYJE.SKI MARC A/.DUD~EV-KRYJE UELElnL~ ,~.M_ ~ __E . CHULA VISTA CA 91911 :HULA VISTA CA 91911 ' ,':\..,'X-":' . >2B~20~00 .EICHNEK HEhRY F JR _ ~VE ;HULA VI~A CA 91911 ,23Ht0600 .aPEZ CIRILU_~/~OSEFINA M ;HULA VISTA CA 91911 ,2B411Z00 IERGAUO SIMON J/CLEMENTlNA . . -. t . ~ .HULA VISTA A 9 911 r" - b2334205110 ALVARAUD SIMUN M/VIR~INIA M ~LA VISTA CA ~1911 , oZ334209UO ~THA CHIILA viSTA ~A 91911 b2 334Z13 00 KNQOF NOoUKO _ j ~IK CHuLA vl,TAA 91911 dj' . nt")9. . . . 11:>.'" r.}.:..o lIlr.') .'0 .. Dr.:)' a.... ' r:Jn.-o t1t'3 .0 . ..')eo . .~e' I:JIr:)ev . ~.:lt.o ~~eo :x~,o. e l[~~eo ::a'1(" 0 \OJ-"",eo . /~J I ,., .,. r'~"~~'h 233Hl000 ~ HULA VISTA CA 91911 ~ - ....." "', ""....;..,.,~. 23HtZOOO ARLlSL. AMPARO ~911 ,23 H22 ~OO 'AS TELL N S ULA VISTA JOS LI.UNA J CA 91911 :>." -:", 'iJJ..'~_ ,23H22bOO ~OANN. " :HULA VISTA CA 91911 0233421700 ~ZA JESuS" AURORA A IR CHuLA A 91911 02334221UO ~AURA . ~9~,911 02334225UO ~SANORA RANCHO SANTA F. CA 9t007 02334229UO CAGNEY GeORGE A/RITA" ~1911 ,23H23Z00 ~UST :HULA VISTA CA 91911 02334233uO 00-tl-91 "CN.IL FA"ILY LI"TTEO PARTNERS HTP l- CAJON CA 920)1 023H23000 ~OLYN J CHULA VISTA CA 91911 0233~2~000 ~IZAB.TH L ~911 .:-.:,'--' _. _..g::::":':::L~:'::::- b23Ht~~00 ~"AR' CHULA VISTA CN 91911 ~; .... _.,:"".._~ b23H2~bOO ~V/EST.LITA C SAN DIEUO CA 9211~ , '\ ~' : b233~t5tOO CASTRO RE"luIU C/JOSEFTNA L 1. CHULA VISTA CA 91911 , I \ 023H25000 ~ CHULA VISTA C~ 91911 I I I Ii b23 H2b 000 ,CARLETON RE HUL VISTA r-~--- 02334237uO ~IN~Nnf iiSO~/ANA " CHULA V I;fA CA L911 0233~201uO ~ ~11 023342~5vO JUAR.Z SuSANA ~911 023342~9UO ~ CHIILA VT)TA CA 91911 ~02334253UO INA " , 11 023342,700 ~ ~KS b0212 0233420100 .STEvEZ ARTURO/~A ~~L[ "flirt ' A I A 911 ;2f - Ie:) "2- , , 1 , . ir .'Yan '. lOao a a ).~) . ~1'.. .. rl-.n or'... ~ rlJ.,)..) . ~-"" 'lJdrt. tJl ~.4:> Q a:x.. I fi&D K: ,lei C 'll :J .0 a-.. .. . ::1;".0 l__.~.. . ""'....."'-""',~ ,.'~ ,Z3HO!6.00 '~QLA uUSTAVU/RAMO~A 'HULA VlhA CA 91:"9\1 ,Z3HO!6ijOO ; ARC IA JO SE R /I R!1J. C ~LA V ISH ~A 9r"1l ,Z3HZ7 ZOO ~MARIA B :HULA VISTA CA 91911 ,.:'",:";':_''::'il.._ :.,'; ,Z910UO.OO ;?A~LEY JACK L/JUOY E .LA Y ISH 1.8. 91911 ,Z910UZlOO ~S/CAROLE :HULA YISTA CA 91909 G TRS ,Z91Z00,00 .ONHA" AR TI S . :ltULA Vlsll CA 91910 ,Z91300 300 ~Y~~ :HULA YISTA CA 91910 ~. ~,~.:,3E!'" ~J!:'~.:3_~";;',-':=. ,Z91'tlO.OO ~ILAR i~/"AU6NA :HULA Y I A 91911 "O!',.'~...:.:!: T. ,Z911t10ijOO ~ ;HULA YISTA CA 91911 .,Z91'tl1ZOO ;!~~IO R ~A 91911 ,Z9H11600 ~b~:iV~ma~!~911 r-~ <-~ p 6233'tZ65110 ~:LL~UH~' F~~ORA A Y S T A CA 1 11 6233't269UO ~R/LAURA I ~911 62 33't2 73 110 ~STERO KA~ULFO "/LEONILA " ~i911 3-15-90 o 6291U023110 MACE INOuSTRIAL CENTER NUMBER ~ ~77 6291Z004110 UO~HAM ART S W U A YISTA CA 91910 6291Z017UO ~SW ~CA 91910 62913030110 ~SA ~~cA'92ilij- F TRS 62914105110 ~ILLY ELllABET~ Y ~A YI STA CA 91911 6291'tl09110 ~ ~1 62914113110 ,PltARRO TEU A/MARIA _A VISTA CA 91911 6291'tl17110 ~NL CHuLA ViSTA LA 91911 .. 0098 . 1111:3.0 r 11 X ao ..,l."O :~.;}'a:O . ....:.").0 f"X3ll ao . oil, ~~.() . -~" '1bhe ~:).o " ,lLlU 0 \~~OO . It'':>>~. 0 :11.-".0 .0 . c2(- liP 3 t , j. I ,..~_.- ., .......'"4-;.,..,"'~,,'''"' - .-93 RUST 01.l12190 HULA V ISTl CA 919" 191413100 8. r S CU AN OIHO CA 91LE'[' ., vn _ ...:-c.' ~ .;.';:._ ....l;;:.~_~.:.:...._ 291420300 ~ICIAli ~11 Z91520100 .~ AN OIEliO CA '-9Z117 ,291520,00 ~ HULA V ISlA. CA 919U '762301<12 ~15 '76l301'60 ~~NJ ~ '76230Z01> flNNORS JUHN L. :HULA VISTA CA ~L'11 " 176230Z039 'AODEN UONALD E J~ILHELLE -r! -Nl- :HUL V I CA 91'111 776230Z 000 ~ ~11 7762302097 ~ ~11 _.,._..~..." .' OZ91HllOO ~jA RU8~RTO/"ARIA J ULA VI HA L~ U...11 oZ91'127UO HUST 01-12-90 CHULA VI)TA CA 9191 oZ9H13ZUO )CHAKlGA SA" TR ~~.:Mn:.tli:F oZ91'ZO"UO ~A ~911 oZ91>ZOZ vO VASQUEl ANTONIU J/ENRIUUETA ~1911 oZ91>301uO ~ADILLD ~ICHARU/ANA " ~A 91911 77oZ30120" ~ ~911 77oZ301596 .rJ~RIT~NCHE E C C 19 1 77oZ3020a liONZALEZ FRA C CO A VI)TA LA 1911 7702::1020.1 G~" ~1 7702::10.010 ~" CHULA VI)TA LA 91911 776Z30210" ~UHL "AU kEEN ULA V ) A CA 91911 ~- t""Jri... a . .:>.0. r.~.o ...~.'O . :'li.:J'ao ""'.0 . ,r~.o .').0 ~o . r~j.() =ax>>o) rX:l.o o X:1::>>o. 1~:r.O .. -.:>> 0 , r.~.o /~f' 17/ff3U3028 ~ iA""URG NY .~07, ~ . '7623030~1 ~ ~ 1762303153 ~ ;HULA YISTA CA 91911 .1t..._ -~.. . ~'.:""..,,-..;,,:--. '762303317 ~ :HULA YISTA CA Y1911 /76Z3033H .ERTU~HE GL~URIA ~ .HULA YI~l LA e 11 7762307U01 ~R :HULA YISTA CA Y1911 /762307065 1~ ~~ "'":L.:._Z-?::. _ ~.-,--, 776230H03 ~1,+UEiL HAUL ~ CHULA YIST~ LA OIef\ ~.::- .:;3." 776230H3l ~ GLD.IA :HULA V IS TA CA ~~;.". :r~.. o - Y1911 :_~.. 776230H83 ~ ~1 7762307<Zti DAYIS 8eTTlt ~ 776Z3100H e n'iPE.JI~fi HULA YISTA CA YIYll ,-- ~_. 77623030<9 ~ELLA " ~911 1 ; , 77623030,8 .HITAKER HARULU L ~ 7762303203 tiIIftAZA KATHY ~ CHULA YI)TA LA 91l'tl . 77623033.8 "C KEDN IHeDUDRE ~911 . ~ 77623033,0 KELLER ALEXANDER ~11 7762307012 CERONE DtNNI) . ~11 7762307013 ~ CHULA YI)TA LA 91911 77623071.8 PORATH STEYEN F/SUE A ~ .:..-.::-..:.,,-C~~'_. . -..... fiY. tJl~~ . :a~.J. ~"X:1.0 X"J:J. . 'rJ:l:1.'O 11.-. .... . .~ ::>e;o 77623071>5 ~n:!h:nk~i hlft\ -'''''',,"." ~ 77623012.7 HDYE SuE C eA VI>TA -p' CA 91911 77623012 :.6 ~ ~911 77623100ti5 ~ ~- I()~ ~ ~ ~ "11_ .......,.. .. NOIICE FOR AlL'IS's ANO EIR ARE TO BE MAILED TO THIS LIST , jANOAG San Diego. CA 92101 CHAMBER OF COMMERCE Attn: Oon Reed -e Chula Vista. CA 91910 CHULA VISTA STAR NEWS i Attn: C.V. City Hall Reporter L . Chula Vista. CA 91910 ~OFESSIONAL ASSN. Bonita. CA 91902 CAliF. NATIVE PLAN SOCIETY c/o R. Michel Beauchamp National City. CA 91950 GARY FINK ..4_ ._ _on__ . Chula Vista. CA 91910 ~EY CIVIC ASSN. Bonita. CA 91902 U.S. FISH' WILDLIFE Carlsbad. CA 92008 Attn: Ellen Berryman COUNTY OF SAN OIE60 begt. of Land Use' Planning 52 1 Ruffin Rd. 'B San Oi ego. CA 92123-1666 Attn: Anne Ewing. Regional .Plnr r Roger Post. Director NATIONAL CITY PLANNING OEPT. .. . National City, CA 91950 WI PATTERSON !l.0. Assn. of Environmental Biol09ist - - San Oie90. CA 92108 SWEETWATER UNION H.S. DISTRICT ,Attn: Tom Silva . . Chula Vista. CA 911Lll SWEETWATER AUTHORITY Attn: James L. Smyth Chula Vista;" CA 91910 SWEETWATER COMMUNITY Plannin9 Group Attn: John Hammond i 1 Bonita. CA 91902 CHULA VISTA ELEMENTARY SCHOOL DISTRICT Attn: Kate Shurson ___n,on Chula Vista, CA 91910 SAN OIE60 8100lVERSIT PROJECT ~tn: David HOln Julian. CA 92036 i I ENYIRONMENTAl LAND SOLUTIONS ... Carter i U __ ~ . m In ~ San Oie90. CA 92110 i CALIF FISH' GAME - San ~i~9;'-~ '2127 -~ CITY OF SAN OIE60 ping Dept. De~ . Environ, Oi' San Oie90. CA 92101 Attn: Ann Hix. Principal Planne CITIZENS COORD. FOR CENTURY .fHREE San Diego, CA 92103 CROSSROADS c/o Carol Freno _u_ .... -. Bonita. CA 91902 - CHULA VISTA LI8RARY Attn: Maureen Roeber EASTLAKE DEVELOPMENT CO. Attn: KaY Wri~ J n_ O. Chula Vista. CA 91914 S.O.G. . E. Attn: Pat Barnes 436 oHo Street Chula Vista, CA 91910 SAN OIE60 UNION/THE TRIBUNE iula Vista. b;---gftl0 SAN OIE60 AUDUBON SOCIETY, INC Norma Sull ivan I ,.'" - San Oie90, CA 92122 l._ ." - - ..2-(- /~ . ,,-' ~ - --.I ,_... ---..- ._~...... M~. ria Guerrero - - CIIuIa Vista, CA 91911 HorteIISia Murillo - .. CIIuIa Vista, CA 91911 1 ~.,.I Cbula Vista, CA 91911 1laul1barra .__, ~ . 1 CIIuIa Vista, CA 91911 . - Ruth Bucio v " CIIuIa Vista, CA 91911 Manila SanlilIanez ~.. ~- -, ~, CIIuIa Vista, CA 9191f Ramon Valdez _ , ,--..--1 ~,. CIIuIa Vista, CA 91911 Jesus Caro - ~,... l CIIuIa Vista, CA 91911 HOClOr R. Garcia .vI'_ __ CIIuIa Vista, CA 91911 Adela Pizarro ...--,...-. CIIuIa Viall, CA 91911 r,~ . John F. CaatiJlo Manila Villafranca OIly Elementary School ..... ... . CIIuIa Vista, CA 11911 l CIIuIa Vista, CA 91911 Oilberta " Paula Lopez .. - CIIuIa Vista, CA 91911 Mario Lopez - CIIuIa Vista, CA 91911 1Ucardo" YOlY~ CIIuIa Vista, CA 91911 Juan MarIInoz _...._~ . 1 CIIuIa Vista, CA 91911 ~CebaIloo - , - CIIuIa Vista, CA 91911 Nora Ibarra lCllula Vista, CA 1'tf11 An<ely Dunlde . CIIuIa Vista, CA 91911 CyIIIbia Silva -- --~ . - CIIuIa Vista, CA 91911 BobbYiliZ - . ~_., CIIuIa Vista, CA 919ll Jose HerDIIIlIez - - . CIIuIa Vista, CA 91911 Jefferson Humpbreys .. Cbula Vista, CA 91911 . Raul Caro - .. ,... CIIuIa Vista, CA 91911 ....... CIIuIa Vista, CA 91911 Steve Palma .. . CIIuIa Vista, CA 91911 Rosa V. Garcia CIIuIa Vista, CA 91911 Mip1 Garcia - 0IuIa Vista, CA 91911 Sonia V .- /.. 0IuIa Vista, CA 91911 David Perez - CIIuIa Vista, CA 91911 df-J~ 7 -1 .,""e.".'IO, :L/ . .,."., ''",'';~~':' d ".""'__, ,.,.""".-.--!..--.. " r- '....tlJ --'< .~ - 1,- I I' , " 'L, L " "_7j I " I ' l ~ L., II "--"'L__ II 11 I , ~C-J~ r-- I I L__ RESIDENTIAl 1:";'.1\" U::lA"EA . ~ -0' ~^""c_f.'~^. [me'Llp>, . ~,'~~~X,~"'"' !"""""I>o" . ~.,,"c'''',,.C^NO",-,<.,,Th~'. 1".-::" . !':i ~:"";'" Iv" [,OI''''','"''''''^' ~~""'A . 11 > ~ '" COMMERICIAl I INDUSTRIAL ), i', C'---'" SD,G,&E SUBST'" V)~~ II, , " I J , __J L~j r-' , , , L___-.J r- I I I 1 I I L_ r " I I I L__ f--l , I -IL ----I ! ~l!lfr fl : i [] L__--1 " : ~ [J I MAIN SnEF rt) "-JG"'" Fb:Fb= ~. Ie 30 50 'm- s' ''l''- I' ~.'.O r: . OTAV PARK RENOVATION MASTER PLAN ~\I~ ~~;o;;C CITY OF CHUlA VlSTA p"".eA"",p"_'",^"C,..:>"N'If."" '0< / ,--- ;q . . . Attachment B1 . PARKS AND RECREATION COMMISSION February 17, 1994 PAGE 2 6. ACI10NITEMS Unfin;Ehed Business Otay Park Master Plan Deputy Director Foncerrada gave a brieC history oC the Department's efforts to develop a facility in Southwestern Chula Vista and introduced Mary Hofmockel, the Department's Landscape Planner who presented various alternatives Cor the park renovation, including the staff recommended alternative. Deputy Director Foncerrada discuSsed the funding sources available and the budget constraints under which the Department is working. In addition, he discussed the need Cor phasing oC the project due to the budget constraints and gave the rationale behind staff's recommended phasing option. Landscape Planner, Mary Hofmockel presented the park design and briefly covered the design recommendations Cor the park, while Commissioner Sandoval translated her commentary into Spanish Cor residents who do not speak English. Vice Chair Hall suggested that the Commission should hear public comments on this item beCore they entered into a discussion oC it, and the other Commissioners concurred. Bobby Lopez, a resident oC Chula Vista, said that the community wants to have the gym built first. He Ceels that this has been brought out in all oC the previous community meetings. He expressed his frustration that the community's wishes are not being carried Corward and stated that the community is willing to go to Council and fight Cor what they want. Javier Gonzalez, a resident oC Chula Vista, stated that the people oC Otay had made a pact with the City about cutting down on graffiti and now the City is going to do what they want to do instead oC listening to what the Community wants. Under these circutnstances he does not know what will happen with graffiti and vandalism if people think the City is not going to do what the people want. David Perez, a resident oC Chula Vista, expressed his concern that if we start on the park and make it the first phase, the gym will never happen. Unless the City makes the gym a first priority, it will just get pushed further and further down the road until it is Corgotten Gilbert Lopez has been waiting 20 years Cor the gym, and now he wants the City to do what they said they would do and not what the City wants to do. Juan Cervantes, a resident oC Chula Vista, has been a Police Officer in Otay for 8 years. He has noticed a marked reduction in graffiti and gang activity since progratns have been initiated in this area. He Ceels that the gym should be a priority for the area because it would allow Cor more progratns to deter drug and gang activity. .:< ~- //)9' Attachment 82 . PARKS AND RECREATION COMMISSION February 17, 1994 PAGE 3 -"""'\ Daniel Ibarra, a resident of Chula Vista, wants a gym and his friends want a gym as well. Ruth Bucio, a resident of Chula Vista, stated that she is a member of the Otay Committee, and she feels that there is a great need to make the gym a priority to save at risk youth from joining gangs and getting involved in drug activity. She feels that sports are a good outlet and a good deterrent to the cycle of fat"ers, uncles, brothers and sons following into gang activity. Elizabeth Stillwagon stated that she has some expertise in fundraising. She feels that the City should give the people of the community more information about what they can do to raise funds on their own to assist the City with the funding to build the gym. Bobby Lopez discussed the positive impact that the Center and its programming has had thus far on the Community. He expressed his feeling that if the gym is built first, it can be used to hold fundraisers. He speaks for the community in that they are very willing to work with the City to obtain or raise the funds for the whole project. Commissioner Hall asked for a clarification of what would happen if it was decided to build the gym before any other improvements could be made. Deputy Director Foncerrada explained that if Option #1 were chosen, nothing could go forward on the project until the $1 million plus, was obtained to build the gym. In other words, if $500,000 were available, it would be unusable under Option #1. Commissioner Alevy stated that it is obvious from the public input tonight and from public meetings that have been held in the past that the desired option ofthe citizens is to build the gym first, and yet staff preferred Option #3, and asked on what basis that staff made their recommendation. -"""'\ Mary Hofmockel, the Department's Landscape Planner, addressed this question from a technical/planning point of view by stating that Option #3 allows for more flexJbility in processing. Therefore, if the Department only has access to small amounts of money, you can at least do some improvements. She further stated that there were current safety problems in the park that could be corrected utilizing the smaller appropriations of money that may be available. Commissioner Carpenter feels that it would be counterproductive to build and beautify in an area against the community's wishes, ie., the park as opposed to a gym, when it will just be destroyed anyway. However, if the Communities wishes are followed, they will work with the City and work hard to raise funds on their own to supplement the building of the gym. Commissioner Palma feels that the community should go to the Council and bring forth the strong desire for a gym now. As a Commissioner, however, he supports Option #3 because he feels it is the only way to take a first step toward getting the project done. Commissioner Willett commended staff on a job well done. He feels that the Commission could support in concept, Option #3 and make a motion to take a portion such as $90,000 """'. c21- /I t? ch . \ . I , Attachment B 3 PARKS AND RECREATION COMMISSION February 17, 1994 PAGE 4 to prepare the construction drawings. Once the construction drawings are completed, then through the grant process the community can support who they know going out for partial grants and using AB2000 which provides money to upgrade existing parks. If such a recommendation were made to Council, they could either agree or disagree. But some things would have to be done first to the park, such as upgraded lighting. Commissioner Sandoval feels that if the gym is the community's priority, it should be the Commissions priority. In addition, she feels that there should be maximum flexibility maintained in the process so that if monies become available that are for 8 specific use, they could still be utilized. Motion to approve Alternative B of the Master Plan and Option #1 of the phasing plan. MSC SANDOV AUCARPENTER 6-0 (HELTON OUI) New Business Fun Center Deputy Director Foncerrada introduced Greg Cox who gave an overview of the lower Sweetwater Valley area and explained the layout of the proposed Family Fun Center. Mr. Cox introduced l.es and Steve Warner who have-been searching for over two years for a suitable site in Cbula Vista to build the Family Fun Center. Commissioner A1evy asked for specifics on what is being proposed for City use of the facility and some estimates of what it would cost the City to operate such a facility on their own. Mr. Cox stated that tonight's presentation was only informational. No action by the Commission is sought, however, it is planned to return at a later date for a Commission recommendation. 7. COMMUNICATIONS L Written nll.~DODdence NONE b. cnm",luinner's tnmments Commissioner A1evy would like to have staff call the County to find out what is happening regarding the Commission's letter. He is concerned about the current rain/water situation, and feels that there is some urgency in dealing with this. r .;2/ - //, Ih1S 1S AlternatlVe "AI'I that was presented to the Otay res i dents \--l 1\ \ I I I -- I 1 r-..(\ I I "1 \ . ," '.,~.. . . ;i?f='~:~-~_~_:i~~ ~r--~~'~---~---=~=J :. -- - --, 1 I' I :;\ . I I I I ..ol "I , '" I . j: L_., I . ...~~~....' j ro', ',"t', .' I,. "'," If'" . 4 I 1 ." I " I, 1 .. ".: ,. I , CD I r I I' . i,1 I I I I I I . ..;:t, I ''''f'')) I I " . ':;4-~' I ':'-..-' I L-_j. ';:, I I : I ,:'1 I I I I. .:" I L 'I .\it-----J : -----,. ,;1 ',' I ,I .1;1 . . I .' _'____.:..J ., \I----------------~---------- .:>:::;::~.....:... ........ : ',. J\ I , I 0..... o' . I <?,: 0.. 0' I I I I /If. a'''. " _II~ It~..,., ~.--- - -r--r-- ;...: ~~j: . '!" .;. I' , . ", :.. ............... "'0" ....... , 00. 0 ~ 0 , ., , " ~ ~ :/t" "- '~ '. , ,. . r"" y ,.It...... '. . .... . ,,--1 . ~ . ~ ',:, 01~" . ~ ". " ..... ," o ;. "'''T.''''''' L. ..1 I. .~I.-_-~' '. : .. .. .. r,.."rrrIl1-l i I..; : ,.) : ~+-~-i . : F~ I [1' : Ll~t~_j ,..~::.' i:=4 ::O}\ .._'" .~.::~I c..): ',--- " . '. ".' S..+&. ,,,,.. r.r,. I 0 mS . I \ ~ 0 I i 1 I I . ! 'I , :....~.--:..:..- " .. . , r f- .. << .,.. " '-'-.-'-'-. -.-. "5' .)f -1/ 1--- ATTocrmem l. ....... .......... ".~~/.6,.r""..... A ~.A ..~......-.....---1 ':': ",'" ,.' '" I'. /' : . ;' : , I ., . , . . , , . . .. . . J, .~________~_______j,D . ....: """'\ ,.;. 6.__ ",....... - :'1 ;,------.----mnD' !. , \. .; 1 ~ . . .\ I . . \ , . .' '\ : : " .1. , . . ~.. .. " , " , ....-__~_.J " ,::.i . .' I ':r"::'::a'.""'::' . ~ . '. ;. .' ~ . '.~.~..E.~ ':, l: : .""'. . . r ..~ ",.r,~~' ':.11 I; ., . : ",...t -l t I-ID/2.:n+ -... , ~ 'B' that !: \ Attachmentc: I~~"':''''' " ' I. ~ I : ~ " , -~~ ~-......:. . , , \ ~..~~ , : , -~'-'~ " \, ".. S I " It N r',..... A ~.. A _...(~ , , , , , , . .......~ . , , . ....,:.~\ .' \, 1.:-.-- ..- ,.' If. . I V 14 -" .. ,.,..,. ~ This is Alternative was presented to the Otay residents ....---")'---..'Y'.-- r-.,---r--- -T----r-., I I,: \ t I , :', -------.0: :, .1 I . '. 1 I . " L____ __________..1. I : .1 \. " '. I : .1 , ., I ......-.... \ I ,,'" I 1-, ~. ..-''''~ , ~____ .--e- -/----'-, I \".,..w-'" , I ...' I \ ! ---' \ I I I .' I I ' . I .------------:.. . , fi'rir"r'Tj ~"! l' r------~ ;ni. .! 10 !\ td : : .:....L_L.__l_..:...__._.L__..:_..J ....--1!--....:+-..-I.. : '::'1 !: {:~ l .' .', .. . ',"', -,,', \ '., : , I'" ,," l_J,J-J L..-....-l-.: . I ' .:,\".,' ..." :'-\..~.i-__, \ \ I \" t " " I : . ... '... I ,. ~o ,.._".Il I : . .".... ... ..:4-__.i.._...-....... ....COOtl'll"1'"IO""l .l-.-- ---' . '. ______--1. . ';.' . . . t. ;', ,,", ..:.. ,,":.. .' 0.' CI 0 . 0"..0".0.......0., " ~ \: ~ . '. '.' ,', ~ oT,..'" ,..It.-I- r '.. . ~ " . ~ ~ ~ \ ~ \ .. p lr .. e:. I ",U6:sr.'Tie . o ,,\ . \ I 11110 ~ .... 1'-) - .{"::{. "- ,,,-, :lGj l:::J "':.::~ (:.) .f~) -' " (:".) .~. ,,~ j ,-, ..;".":.,:, i:::' '1 ... \~::~#} (::.t r'." P H-- ~J -' ,.. .. H I. 1 I I \ i I i 01"- 021 ../$ .:1:.---.--.- .' ',~ ":q . ... S T' ,.. e " , "1 ..' ;' I.: / / 'I ' . / / ~'i '.j ...J 1- to.jo JZ. "n+ ~ H ..0:> IIr- . " t:. ....~t:II...~U L ..uuu.__..u..u..._'_rm____,. Otay reside t U . y...um... ..r.:.\~....n_...,.... n s ...... --'1"--- .. . . --'~:o-- . ..~.~---:q/ I I I I I I 1,'/ .~. " /. i /' ,/ :1. '/.',- /. ./ ..;;l' ;''-~: . -",-' .' JI I I I I .. I ~: I I ~ I - ~ . .' " .. . , I . ;, .. :..... }'.:::(. " .~\ :.r- ',I .' " ,"! r-------' , ' , ' : . 1 :'. !rlC ,.. .:11: :~ S." r,. .. ....... ,. f ~ ". II ..... - /::::.:. ~~J '.' "-', t-' -.'" E.::' ,,' r- t::i EJ (~)) OrA .,. r.../1.."... ',:" ".:,," EB t-' ~--; . il'":.rl"'.t..... . ," 1"1' : \:J :: \.:~ :. 1-~1..-~....:. : ,:;. " - I LJ,LJ Lf1 i f.l... '. " . . I .>>. , . .s.,,, ,rAT,. o ~g Do <mi~ ~ It H .. '1 2/-J1f lone .,' . """\ r '" & /'II r, AI- /1./1-,..". ,.~ ,:' :f-l--:...-r~:.:--:..-,---- '.'0' I \ L___~ -:1-l. t : - \ 'I: ;' 1,1 ' I I ~____ I .1 I _____________J I ,. i" ','I " ' /;" b. · ~l::-:'~ _ ,:1 '.I',C'"----t._--+---..J. ,: I' ,...,~&...":'p ..~> ., : '.._" I I I I ' I ' I I I I I . ,--------- ~ .- I: . -----, I I." I I j.: I I '0' ' : r--------, :. I t,=",_L__ l. ", I I.' '.t" - _____.J_....._l..:..J . .:I--+_,~ -' ' . -.-- ""'\ ,,...,..... oy" t Me> IZ:T+I """\ , r.~--!::-r -.- Attachment U] OlAY PARK RENOVATION MASTER PLAN PHASING OPTIONS AND ESTIMATED COST SUMMARY: OPTION 1 - GYMNASIUM, SCHOOL, PARK . PHASE I: GYMNASIUM IvUli-Uoe Gymnaalum $1.1XXl.lXXl SUBTOTAL: $I.IXXl.lXXl PHASE U: SCHOOL SIte Clearance 8< Demal~1an $31.878 CanltnJcllon $306.336 n1gcrtion - Schematic $65.367 Planting $136A53 MaIntenance $30.616 SIte hopecllon $25.1XXl SUBTOTAL: $596.65D PHASE.: PAIlIC SIte Clearance 8< Demallllon $37.329 Architecture $l65.1XXl ConstnJcllon $477.842 lrrigaIIon. Schematic $72.219 Planting $184.733 Malntenance $28.363 SIte hopecllan $25.1XXl SUBTOTAL: 8m.4B5 TOTAl: $2.586.136 CONTINGENCY. 15" $387.920 GRAND TOTAL: $2,97.,D56 . SUMMARY: OPTION 2 - SCHOOL, PARK, GYMNASIUM PHASE I: SCHOOL SIte Clearance 8< Demolition $31.878 ConstnJcllon $306.336 n1gallon - Schematic $65.367 . PIanIIng $136A53 Malntenance $30.616 Sltelnlpeclion $25.1XXl SUBTOTAL: $596.65D PHASE.: PAIlIC SIte Clearance 8< Demalnlon $37.329 Architecture $l65.1XXl ConstnJcllon $477.842 nIgcrtion . Schematic $72.219 Planting $184.733 Maintenance $28.363 SIte inlpectlon $25.1XXl SVBTOTAL: WitJ.486 PHASE.: GYM IvUIi-lJIe Gymnaolurn $1.1XXl.lXXl SUBTOTAL: S lDXJJXXJ SUMMARY TOTAl: $2.586.136 . CONTINGENCY. 15" $387.920 ORAND TOTAL: $2.97.,056 Page 1: 2/10/94 f d/-I/E;- AttachmenfD2 OTAY PARK RENOVATION MASTER PLAN PHASING OPTIONS AND ESTIMATED COST SUMMARY: OPTION 3 . PARK, SCHOOL, GYMNASIUM PHASE I: PARK Site Clearance & Demalition Archlteclure Construction nIgatIon - Schematic Planting Maintenance Site inlpecflon SUBTOTAL: -... $37.329 $165.000 $477 .842 $72.219 $184.733 $28.363 $25.000 $990A85 $31.878 $306.336 $65.367 $136A53 $30.616 $25.000 $595.650 $1.000.000 $/.ooJ.OOJ $2.586.136 $387.920 $2,974,056 -... PHASE D: SCHOOL Site Clearance & Demalijlon Construction n1gatlon - Schemaflc Planting Maintenance Site Inspection $UBTOTAL: PHASE III: GYM Multi-Use Gymnasium SUBTOTAL: SUMMARY TOTAL: CONTINGENCY. 15'10 ORAND TOTAL: SUMMARY: OPTION 4 . PARK I SCHOOL, GYMNASIUM PHASE I: PARK I SCHOOL Site Clearance & Demalition Archneclure Construction n1gation - Schematic Planting Maintenance Site Inspection SUBTOTAL: 869.207 $165.000 $784.178 $137.586 $321.186 $58.979 $50.000 $1.586./36 PHASE D: QYM MUtl-Use Gymnasium SUBTOTAL: $1.000.000 $/.ooJ.ooJ SUMMARY TOTAL: CONTINGENCY. 15'10 QRANDTOTAL: $2.586.136 $387.920 $2,974,056 -... Page 2: 2/10/94 .JI-JJ~ ~ . . Attachment E1 negative declaration PROJECT NAME: Otay Park Renovation Master Plan PROJECT WCATION: Otay Park! Otay School: 1613 Albany Avenue ASSESSOR'S PARCEL NO.: 623-23-27/625-23-25 PROJECT APPLICANT: City of Chula Vista, Department of Parks & Recreation CASE NO: IS-94-21 DATE: March 11, 1994 A. Proiect Settim! The proposed Otay Park Renovation Master Plan will result in the renovation of a 393,194 sq. ft. (9 acre) area consisting of Otay Park and Otay School. The area proposed for renovation is for the joint use by the Otay Park Elementary School and the Otay Park. The average natural slope of the site .is four percent. The Park property currently has a 30' long portion that is recorded in the assessors record as park, but is currently being used for street use. The surrounding land uses include a mobile home park to the north, commercial/industrial uses to the east and single-family residential to the northeast. An SDG&E substation with power lines is directly south-east of the project site and single-family/multi-family is west of the site. Otay Park is a developed neighborhood park with a playground, restrooms, shaded picnic facilities, a makeshift soccer field, walkways around the perimeter of the park and two 18' pole lights. The Otay Community Center is east of the school. The school. site includes a softball field and a 49,180 sq.ft. parking area (86 standard and 4 disabled), which are jointly used by the school and park. The hours of park operation are from 7:ooam-10:3Opm. The park is primarily used by the "public" after school hours. B. Proiect Descriution The Otay Park Renovation Master Plan is a joint application between the City and the Chula Vista Elementary School District. The project consists of the upgrade of the existing soccer and softball fields to city standards for neighborhood use and the construction of a gymnasium building pad and possibly a future gymnasium. A buffer of evergreen planting is proposed on the north-western edge of the property, 10'-15' high, :I:10'wide, between the Don Luis Mobile Home Estates and the proposed elevated platform. The elevated platform (12"-18" high, 70'x 35' wide) which will be used by entertainers (dancers and musicians) during cultural events is proposed for the northwestern comer of the project site. This platform will probably receive its most intensive use during the Festivas De Patriots (Festival of the Patriots) in August and on Cinco De Mayo. O~~f, these two festival days there will be a maximum of 400-500 people using, the park. ,:$ J1 ~ ~~~ city of chula vl.ta planning department em OF en"lronmental review .ectlon CHULA VISTA /~ .:2/ - /.17 Attactunent E2 Immediately south of the platform a plaza area is proposed including: decorated paving, an open turf area to watch performances taking place on the platform, a group picnic area, a restroom building 1,600 sq.ft., and a children and tots play area. """"" . The existing two 18' pole lights will be replaced with twelve 16' pole security lights. The softball field in the northeast portion of the site will be improved. An improved soccer field in the central eastern portion of the site is proposed in addition to a building pad for a future joint use gymnasium to the east of the existing Otay Community Center. The gymnasium might be between 9,500 to 11,000 square feet and will include a 9O'x54' basketball court striped for multiple uses including volleyball and badminton. The maximum number of people expected to be in the gym at anyone time is seventy-five. The gymnasium is being built for neighborhood use only. Since the park and the gym are being improved for recreational use by the neighborhood, additional traffic is not expected and the current parking facility, 90 spaces, will be adequate. The City will be required to submit a soils report for the construction of the gymnasium, prior to the issuance of a construction permit. The removal of two 18'lights and replacement with twelve 16' lights will be considered in the landscape plan approval process to ensure that the impact of light and glare is at a level below significant. The applicant will be required to obtain an NPDES General Permit for stormwater discharges associated with construction activity. The Master Plan Renovation will require the approval of the Chula Vista City Council. A 6,510 square foot path of decomposed granite will be placed on the perimeter of the park and 20,314 square feet of concrete paving will be used throughout the park, primarily in the passive use and plaza area. ........ , The proposed plan calls for the removal of 85%(25-30) of the existing trees within the areas to be improved. Existing trees on the western edge of the project site are not proposed for removal. Tree replacement is required for the field areas. Existing trees will not survive grading. Approximately one hundred replacement trees of varying sizes (15 gallon 24", 36" and 48" box) will be planted, which will provide more shade in the park. Current on-site drainage consists of a 24" concrete metal pipe at the northeast comer of the park which discharges to a concrete swale along the easterly boundary of the existing park. The concrete swale drains into a drainage inlet at the southeastern corner of the park. A subterranean pipe connected to the inlet then drains into the drain along Albany Street to the west. The proposed project will remove the concrete swale and replace it with an underground pipe. The inlet at the southeastern corner will also be improved. Severe erosion has occurred adjacent to the concrete near the 24" outfall. The City Parks & Recreation proposes to convey runoff to off-site drainage facilities via underground drainage system as described above. """'" J1 -11~ -2- .~ . . . 1'\1. La....1I111C1I L ~.:J The Accessors Parcel Record identifies the western boundary of the Otay Park as extending to the centerline of Albany Avenue for a length of 291 feet. The Engineering Department requires that the 30 ft. strip of the right-of-way along the east side of Albany Street be named and dedicated for public road purposes. The project will be required to comply with Fire Department requirements including: fire department access to the school perimeter and on-site fire hydrants. The gymnasium proposed for the future may be required to be provided with a fully automatic fire sprinkler system depending on the size, type of construction, fire dept. access and fire flow. The Division of the State Architect must review and approve the proposed changes affecting the Otay School perimeter and access. The City will also be required to obtain the approval of the Master Plan by the State Architect. The requirements will ensure that the project has the necessary facilities for fire safety. The project is a Capital Improvement Project for both the school and the park. The discretionary approvals required for the project are: a Conditional Use Permit for the Gymnasium (as it is a public use facility), design review, the landscape architect's approval of the landscape plan, and Council approval of the plan. C. ComDatibility with ZoninlZ and Plans D. The site is zoned I-L(lndustrial Limited) and designated Parks & Recreation. The proposed Otay Park Renovation Master Plan is compatible and implements the General Plan. Identification of Environmental Effects An initial study conducted by the City of Chula Vista (see the attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Drainage impacts have been determined to be less than significant. Severe erosion has occurred adjacent to the concrete near the 24" CMP corrugated metal pipe (CMP) outfall, causing existing on-site drainage facilities to be inadequate for the proposed project. The project proposes runoff to off-site drainage facilities via an underground drainage system. This will alleviate any impact. Approximately one hundred trees will be planted with the proposed improvements, which will improve the provision of shade in the park. The increased number of trees to be planted will offset the loss of the older trees, none of which are sensitive. E. Mitigation necessarv to avoid sil!nificant effects The proposed project will not result any significant or potentially significant environmental impacts, therefore, no project specific mitigation is required. -3- /L- ;l/- //~ Attachment [4 F. Findine: of Insie:nificant Impact 1. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a f"lSh or wildlife species, cause a f"lSh or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animlll community, reduce the number or restrict the range of a rare or endangered plant animal or eliminate important examples or the major periods of California history or prehistory? ~ The proposed project will require the removal of approximately 20-30 trees to allow grading to improve the soccer and softball fields. These trees will be removed and replaced with approximately 100 trees. The increased number of new trees will provide more shade in the park and create a more aesthetically pleasing park for neighborhood residents. None of the trees are "sensitive" and the project will not significantly impact habitat. 2. Does the project have the potential to achieve short-term goals to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, def"mitive period of time, while long-term impacts will endure well into the future.) The Otay Park Renovation Master Plan will allow for the improvement of Otay Park/Otay School and bring the park up to city standards. This proposal is consistent with two of the objectives of the first goal of the Parks and Recreation Element of the Chula Vista General Plan. One of these objectives is "to prepare ""'" and update the master plan of older existing parks - including programs for upgrading, replacing or expanding older facilities on the west side of Chula Vista and where possible, installing new facilities in accordance with applying park standards to the local community. "The second objective is to work with the elementary, junior high and high school districts to jointly plan their facilities in coordination with park facilities and the use of their school facilities by the public." The park renovation plan will upgrade the park to meet the General Plan goal of providing a park for nearby residents which will provide passive use areas, active play areas for children, including tot lots, playground equipment, and picnic areas. (Ch. 7,~.3) The new facilities will improve and increase the number of the these facilities. The proposal's conformance with the General Plan will insure that the project will achieve both short-term and long-term goals. 3. 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 resources is relatively small, but where the effect of the total of those impacts on the environment is significant.) The project does not create impacts which are individually limited. Any possible impacts are at a level below significance. The project will have a positive impact on the neighborhood, with negligible short-term impacts. ""'" -4- )J-IUJ {~ . . . IUl:acnmenl: ~:l 4. Does the project have environmental effects which will cause substantial adverse effects OD human beings, either directly or indirectly? The project will increase recreational opportunities for local residents and as a result will be a benefit to humans. There will not be any substantial adverse environmental effects. G. Consultation 1. Individuals and Orl!anizations City of Chula Vista: Barbara Reid, Planning Susan Vandrew, Planning Roger Daoust, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Ken Larsen, Director of Building & Housing Carol Gove, Fire Marshal MaryJane Diosdado, Crime Prevention Marty Schmidt, Parks & Recreation Dept. Rich Rudolf, Assistant City Attorney Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Mary Hofmockel, Department of Parks and Recreation, City of Chula Vista 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code 3. Initial Studv This environmental determination is based on the 'attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~@?J ENVIRO ENTAL REVIEW COORDINATOR INEGDEC.OPR -5- /9 2/- /~/ Case No. IS-94-21 APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To Be Completed By Lead Agency) -.., Background 1. Name of Proponent: City of Chula Vista Parks & Recreation DeDartment 2. Address and Phone Number of Proponent: 276 Fourth Avenue. Chula Vista CA 91910 3. Date of Checklist: March 17. 1994 4. Name of Proposal: Otav Park Renovation Master Plan 5. Initial Study Number: IS-94-21 En~onmenalbnpacts 1. Earth. Will the proposal result in: YES MAYBE NO a. Unstable earth conditions or changes in geologic substructures? 0 0 . b. Disruptions, displacements, compaction or overcovering of the soil? . 0 0 c. Change in topography or ground surface -.... relief features? 0 0 . d. The destruction, covering or modification of any unique geologic or physical features? 0 0 . e. Any increase in wind or water erosion of soils, either on or off the site? 0 . 0 f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 0 0 . g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 0 0 . Comments: The project will require the excavation of 30,000 cubic yard of earth to balance the cut and fiU grading for improvement of active recreation fields and park passive use areas. The applicant will be required to submit a soils report prior to the issuance of a grading permit for the proposed -... -1- , ).J-J}Y J~ Attachment E7 . gymnasium, which is designated as a building pad on the site plan and proposed for future construction. The areas of the site being renovated, excluding the building pad area, are developed and there are no geotechnical concerns discussed by engineering. No increase in erosion is expected; however, the required soils report will delineate any concerns and recommend any necessary measures to remediate the same. 2. Air. Will the proposal result in: m MAYBE NO a. Substantial air emissions or deterioration of ambient air quality? 0 0 . b. The creation of objectionable odors? 0 0 . c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 0 0 . Comments: The Otay Park Renovation Master Plan will result the temporary creation of dust due to bulldozer activity during construction. The project will not result in the direct emission of any air pollutants in the long term and the short term impact will be negligible. 3. Water. Will the Proposal result in: m MAYBE rill . a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? 0 0 . b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? . 0 0 c. Alterations to the course or flow or flood waters? 0 0 . d. Change in the amount of surface water in any water body? 0 0 . e. Discharge into surface waters, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? 0 0 . f. Alteration of the direction or rate of flow of ground waters? 0 0 . . g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? 0 0 . -2- .:2f -/L!/ 16 h. Substantial reduction in the amount of water otherwise available for public water supplies? 0 0 . -.., Exposure of people or property to water related hazards such as flooding or tidal waves? 0 0 . i. Comments: The proposed project will be required to obtain a NPDES General Stormwater Permit for stormwater discharges associated with construction activity and a Storm Water Pollution Prevention Plan will be required for the project. The project will improve on-site drainage facilities, by removing an existing above ground concrete drainage swale and replacing it with a subterrain pipe. This change will slightly increase the rate and amount of water flow to nearby drainage facilities. The project will also create additional concrete on site and this will increase runoff. The amount to be created is not considered substantial by engineering and is thus negligible. 4. b. c. d. Plant Life. Will the proposal result in: YES MAYBE NO a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? o . o Reduction of the numbers of any unique, rare or endangered species of plants? o o . Introduction of new species of plants into into an area, or in a barrier to the normal replenishment of existing species? ........ . . o o Reduction in acreage of any agricultural crop? o o . Comments: The proposed plan calls for the removal of 85%(25-30) of the existing trees within the areas to be improved. The improvements will require grading for field areas. Existing trees would not survive grading. Some of the trees are in poor health. The trees to be removed are as folIows: NUMBER COMMON NAME HEIGHT & DIAMETER 6 Myoporum + IS'ht., +20' diameter 2 Canary Island Date Palm :I: IS' -20'hl. ,IS' diameter 2 Brazilian Pepper :1:12'-16' S Eucalyptus +30'hl.,+30'dia.;24'hl., SO'dia.; 20'hl., 4S'dia., 28' hI., 40' dia.; 24'ht., 4O'dia. -.., -3- 2/-12' ,~ . . . Attachment E9 NUMBER COMMON NAME HEIGHT & DIAMETER 6 Myoponun +IS'ht.,+20' diameter 2 Canary Island Date Palm :tIS'-20'ht.,IS' diameter I Lemon Scented Eucalyptus 24'ht., 4S' dia. 3 Ash 24'ht., 4S'-SO' dia. I Jacaranda 2S'ht., 4S' dia. 2 Queen Palm 10' ht., 12' dia.; IS'ht., IS' dia. I Italian Stone Pine :t IS' ht., 3S'dia. 10 Pine 2S'ht. ,3S'dia. ;20'ht. ,2S'dia.; 10 'ht. ,12'dia. ;2S'ht. ,30'dia. ;30'hl . ,30'dia.; IS'ht. ,2S'dia. ;20'ht. ,3 S'dia.; IS'ht. ,2S'dia.; IS'ht. ,30' dia.;2S'ht.,3S'dia. S Jacaranda :tIO'ht.,:tIO'dia. Approximately 100 standard trees of varying sizes,OS' gallon & 24" box, 36"box & 48" box), wilI be planted with the proposed improvements, providing an increase in shade from the trees in the park. The net increase of trees proposed for the park will increase habitat for birds in the area. S. Animal Life. Will the proposal result in: m MAYBE .lID a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? . o o b. Reduction of the numbers of any unique, rare or endangered species of animals? o o . c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? o o . d. Deterioration to existing fish or wildlife habitat? o o . Comments: The project site, an established park, is in a developed area and lhere are no sensitive species existing on or around lhe project site. The net increase of trees and shrubs wilI allow for an increase in birds habitat and may cause an increase in lhe number of species in lhe park. -4/1 .d.- / -/U' Attachment ElO 6. Noise. Will the proposal result in: YES MAYBE NO a. Increases in existing noise levels? o . o -.., b. Exposure of people to severe noise levels? o o . Comments: There may be a short-term temporary increase of noise during construction. However, the applicant will be required to meet the City of Chula Vista noise standards. The proposed renovation is expected to add additional activities that are not currently occurring in the park and therefore, noise levels could increase. The park will also involve the creation of more trees and shrubs, which will provide a screen between park noise and residential uses to the north and west. The events expected to generate the noise are either facing south, away from the residential areas (mobilehome park) or on the southern portion of the property. 7. Light and Glare. Will the proposal produce new light or glare? YES MAYBE NO . 0 0 The removal of two 18' lights and replacement with twelve 16' lights will be considered in the landscape plan approval process to ensure that the impact to light and glare is at a level below significant. 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? YES MAYBE NO o o . """'\ Comments: The project is a existing park and is designated for such in the General Plan. The project is consistent with the General Plan. With the approval of a conditional use permit for the proposed gymnasium, as is required in the Limited Industrial zone, the project will be in conformance with the Zoning Ordinance. 9. Natural Resources. Will the proposal result in: YES MAYBE NO a. Increase in the rate of use of any natural resources? o . o Comments: The proposed project will allow for the upgrade of existing park facilities. The project will consist of an more efficient irrigation plan than currently exists in the park, less turf will exist on site and more hardscape is proposed. This will result in a net decrease of water used for irrigation on site. 10. Risk of Upset. Will the proposal involve: YES MAYBE NO a. A risk of an explosion or the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? """'\ o o . -5- d/ -IJ{, \'\ I\~~d(;nmem; t.!! b. Possible interference with an emergency response plan or an emergency evacuation plan? o o . . Comments: The gymnasium that is proposed will contain a limited number of cleaning chemicals for routine gym maintenance, as is the case for gymnasiums throughout the city. The cleaning solutions will be limited in amount and will be stored in a closet area, away from heat and sunlight, reducing any risk of harm. The Fire Department will require one fire extinguisher for every 3,000 sq. ft. and any portion thereof. This requirement is routine for gymnasiums, and this is not expected to cause a risk of harm. 11. Population. Will the proposal alter the location distribution, density, or growth rate of the human population or an area? m MAYBE !:ID o o . Comments: The project is the renovation of an existing neighborhood park for residents and will not encourage an increase in local population. 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? m MAYBE NO o o . Comments: . The population will not be impacted by the project, thus no demand will be placed on housing. 13. Transportation/Circulation. Will the proposal result in: m MAYBE NO a. Generation of substantial additional vehicular movement? 0 . 0 b. Effects on existing parking facilities, or demand for new parking? 0 . 0 c. Substantial impact upon existing transportation systems? 0 0 . d. Alterations to present patterns of circulation or movement of people and/or goods? 0 0 . e. Alterations to waterborne, rail or air traffic? 0 0 . f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 0 . 0 . -6- ~ ~-/q Attachment El2 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 traffic volumes do not exceed the City's Level of Service "C" design ADT volume. The primary access roads are adequate to serve the project. The project will not create an IIn~cceptable Level of Service at intersections adjacent to or in the vicinity of the project site. The project will not impact the circulation system, as the park is developed for community use by local residents who currently use the park. There may be one additional "community event" day per year that may attract up to 400 people. Attendees are expected to be from the immediate community and as such, may carpool or walk to the event. The maximum number of persons who are expected to be in the gymnasium at anyone time would be 75. As the number of existing parking spaces is 90, there is adequate parking. Therefore, there is not expected to be a substantial amount of additional vehicular movement, generated by the project, or a need for additional parking. 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: YES MAYBE NO 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 park improvements are exempt from school fees & park thresholds. The City will be required to comply with fire and police guidelines for crime prevention and to allow for fire fighting measures. The Assessor's Parcel Record identifies the western boundary of the Otay Park as extending to the centerline of Albany Avenue for a length of 291 feet. The Engineering Department requires the 30 ft. of right-of-way along the east side of Albany Street be named and dedicated for public road purposes. 15. Energy. Will the proposal result in: ~ MAYBE NO a. Use of substantial amount of fuel or energy? . o o ........ -7- d\ .... d-/ J;J.-~ . . . Attachment E13 b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? . o o Comments: The gym is expected to use an additional amount of energy, but no new facilities are needed to meet the demand of the gym. The project will be reviewed by the state for efficiency. 16. Thresholds. Will the proposal adversely impact the City's Threshold Standards? m MAYBE NQ o 0 . Comments: As described below, the proposed project does not adversely impact any of the seven Threshold Standards. A. Fire/EMS The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85 % of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is I 3/4 miles away and would be associated with a 4 minute response time. The proposed project will comply with this Threshold Standard. 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. However, to ensure fire safety, the fire department has outlined the following California Code Regulations that the applicant must follow. 1. Fire department access to the school perimeter. 2. On site fire hydrants. 3. The proposed gymnasium may be required to be provided with a fully automatic fire sprinkler system depending on size, type of construction, fire dept. access and fire flow. 4. The Division of the State Architect must review and approve of the proposed changes affecting the Otay School perimeter and access. 5. One fire extinguisher per 3,000 sq. ft. and any portion thereof (i.e. 9,500 sq. ft. requires 4, rather than 3 fire extinguishers). The fIFe extinguisher's travel distance is not to exceed 70'. B. Police The Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 m;m.tes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Standard. ~-/~ -8- ~~ Attachment El4 Elevations, landscape and lighting plans and site development plans will be required to be forwarded by the project applicant to allow the police department to further review the project for fire prevention recommendations. ~ C. Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this standard. The proposed project will comply with this Threshold Standard. The primary access roads are adequate to serve the project. The project will not impact the LOS at intersections adjacent to the project, as the project involves improvements to an existing park. O. Parks/Recreation The Threshold Standard for Parks and Recreation is 3 acres/l ,000 population. The proposed project will comply with this Threshold Standard. The project is not subject to Park & Recreation threshold requirement, because the project is a park. """\ E. Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will .provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Current on-site drainage consists of a 24" concrete metal pipe at the northeast comer of the park which discharges to a concrete swale along the easterly boundary of the existing park. The concrete swale drains into a drainage inlet at the southeastern comer of the park. A subterranean pipe connected to the inlet then drains into the drain along Albany Street to the west. The proposed project will remove the concrete swale and replace it with an underground pipe. The inlet at the southeastern corner will also be improved. Severe erosion has occurred adjacent to the concrete near the 24" CMP outfall. Applicant proposes to convey runoff to off-site drainage facilities via underground drainage system as described above. Existing off-site drainage facilities consists of a 30" RCP in Albany Avenue which flows southward. These facilities are adequate to serve the project. """\. ;}/ - J'YO -9- Y . . . Attaclunent E15 F. Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Existing sewer lines are located in Tremont Street, Montgomery Street, and Zenith Street and are adequate to serve the project. 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. .The City Parks & Recreation Department will develop a landscape plan, prior to the beginning of construction, which will be a more efficient conservation water plan that exists. Also, the plan will consist of less turf on site and more concrete, due to the proposed improvements. 17. Human Health. Will the proposal result in: YES MAYBE NO a. Creation of any health hazard or potential health hazard (excluding mental health? o o . b. Exposure of people to potential health hazards? o o . Comments: Potential environmental concern regarding this project is the location of an SDG&E substation with power lines located adjacent to the site on the southeast corner of Main Street and Albany. The health risks associated with energy fields of electricity are an ongoing topic of concern and research within the scientific community, however, there is no conclusive evidence confirming that power lines do in fact cause health problems in humans as of the date of this report. The Planning Department is aware of this concern and is keeping updated on the latest research and data available on this subject and does not feel that there is conclusive evidence available to show this to be a significant environmental impact. The Otay Park site is in the Montgomery area, an older area in the community and there is no record that there have been any incidents of illness which are related to the existence of the substation and no residents have complained about the issue. The proposed project, the Otay ParklOtay School improvements will provide more recreational opportunities for neighborhood residents and will not hanD human health. -10- ~'/.3/ .2ti1 Attachment El6 18. Aesthetics. Will the proposal result in: YES MAYBE NO a. The obstruction of any scenic vista or view ........ open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 0 0 . b. The destruction, or modification of a scenic route? 0 0 . Comments: The Park Master Plan will include improved facilities and more aesthetically pleasing elements to the park; that is, more trees and plants. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? YES MAYBE NO o o . Comments: The park improvements will improve the quality of existing recreational opportunities in the Otay Park neighborhood. 20. Cultural Resources. YES MAYBE NO a. Will the proposal result in the alteration of or the destruction or a prehistoric or """" historic archaeological site? 0 0 . b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? 0 0 . c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? 0 0 . d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 0 0 . e. Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? 0 0 . Comments: The proposed project, improvements to existing Otay Park, is already developed and there are no cultural resources on the project site. ........ ~/ - 13~ -ll- P . e . Attachment El7 21. Paleontological Resources. Will the proposal result in the alteration of or the destruction of paleontological resources? XES MAYBE 1m o o . Comments: The proposed project, improvements to existing Otay Park, is already developed and there are no paleontological resources on site. 22. Mandatory Findings of Significance. YES MAYBE NO a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to. eliminate a plant or animaJ community, reduce the number or restrict the range of a rare or endangered plant ~nirn~l or eliminate important examples or the major periods of California history or prehistory? o o . Comments: The proposed project will not have the potential to degrade the quality of the environment. The improvements to the park/school property will require the removal of 20-30 trees, none of which are sensitive. :t 70 trees will be planted during the Master Plan renovation. The larger number of trees will provide more shade for the park and provide a more aesthetically pleasing view of the park. There are no sensitive plant or animaJ species on the project site. b. Does the project have the potential to achieve short-term goals to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure well into the future.) o o . Comments: The Otay Park Renovation Master Plan will allow for the improvement of Otay Park/Otay School and bring the park up to city standards. This proposal is consistent with two of the objectives of the first goal of the Parks and Recreation Element of the Chula Vista General Plan. One of these objectives is "to prepare and update the master plan of older existing parks - including programs for upgrading, replacing or expanding older facilities on the west side of Chula Vista and where possible, installing new facilities in accordance with applying park standards to the local community. The second objective is to work with the elementary, junior high and high school districts to jointly plan their facilities in coordination with park facilities and the use of their school facilities by the public. The park renovation plan will upgrade the park to meet the General Plan goal of providing a park for nearby residents which will provide passive use areas, active play areas for children, including tot lots, playground equipment, and picnic areas. (Ch. 7 ,~4.3) The new facilities will improve and increase the number of the these facilities. The proposal's conformance with the General Plan will insure that the project will achieve both short-term and long-term goals. 4 - /33 -12- ".<.b Attachment E18 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.) ......." D D . Comments: The project does not create impacts which are individually limited. Any possible impacts are at a level below significant. The project will have a positive impact on the neighborhood, with negligible short-term impacts. d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? D D . Comments: The project will increase recreational opportunities for local residents and will not cause any adverse impacts to humans. There will not be any substantial adverse environmental effects. ~ ......... -13~,\ J/-\?>f . . . Attaclunent El9 Mitigation Measures (To be completed by the Applicant) I, as owner/owner in escrow' Print name 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.) On the basis of this initial evaluation: . I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION wiJl 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 fmd the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. r9 nt,~(~L7~,;~J Enviro ntal Re lew C inator _-?It,jqy , Date 'If acting for a corporation, include capacity and company name. ...2;'/35 -14-.;2 f Attacnment t.i!U Case No. IS-94-21 APPENDIX II DE MINIMIS FEE DETERMINATION ........, (Chapter 1706, Statutes of 1990 - AB 3158) Choose Fee Exemption or Fee Required . 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. D 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. ~~,A' (-Ie. /? ~ ~ Enviro ental Review C rdinator ...1/" If Y Date . """\ -... -15- c2J - 13ft 'i" . . . Attaclunent E21 Case No.IS-94-2l APPENDIX m CITY DATA SHEET PLANNING DEPARTMENT I. Current Zoninl! on site: IL North R2P South ILP East ILP West Rl-5P Does the project conform to the current zoning? Yes. n. General Plan land use designation on site: Parks & Recreation. Quasi Public-School North Medium Residential South Research & Limited Manufacturinl! East Research & Limited Manuf.lMedium Residential West Low/Medium Residential Is the project compatible with the General Plan Land Use Diagram? Yes Is the project area designated for conservation or open space or adjacent to an area so designated? No Is the project located adjacent to any scenic routes? No (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route). m. Schools If the proposed project is residential, please complete the following: N/ A School Caoacitv Enrollment Units Prooosed Students Generating Generated Factors From Proiect Elementary Junior High Senior High .30 .29 .10 IV. Remarks: '-,f 1fM1 r ~ ~ 1fi~) Director anmng or Representative . ~/nfn"'Y ate 30 ~ -/37 DATE: ro: FROM: Attachment tZZ ROUTING FORM """" February 22, 1994 ....ir.n .r.ar.on, aJlll!ing a .oudng John Lippitt, Engineering (EIR only) Clirr SWanson, Engineering (EIR only) Hal Rosenberg, Engineering {EIR onlYJ .//iDger Daoust, Jrngineer1ng (%S/3, EIR/2) !ticharl! Rul!olr, Asst City Attorney (Drart Neg Dee & EIR) "'c.rol Gov., 'ire Depu-tJlent ....JJarty ScbJllidt, Parks a hcr.ation c:ri_ Prevention, Police Department i".J. >>tosdado) Community Development, Redev. .conomic Dev. only :/CUrrent Planning "'Duane Bazzel, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, irate Shurson "SWeetwater Vnion H.S. District, rom Silva (IS & .IR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Drart EIR - Ir annexation is involved) other Barbara Reid Environmental Section """" SUBJECT: Application ror Initial Study (IS-94-21/FA-%iJL./DQN/A ) Checkprint Draft EIR (20 days) (EIR- _/FB- _/DQ ) Review of a Draft EIR (EIR-_/FB-_/DP) Review or Environmental Review Record (FC-_ERR-_) Review or Draft Neg Dec (I5- /FA- /00- ) Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The Project consists or: Location: Please review the document and rorward to me any comments you have by March 4. 1994. Comments: """" :2!-/3tj >, Attachment E23 .. - ROUTING FORM ~DATE: February 22, 1994.~ ".'-' __,.... : . I:.n z.r.OI1, ItW.lcU.I1g . ......1ng /;//j)r" ~John Lippitt, Engineering (EIR only) 1"1- Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst city Attorney (Draft Beg Dec , EIR) Carol Gove, Fire Department Marty Schmidt, Parks , Recreation Crime Prevention, Police Department (M.J. Diosdado) Community Development, Redev. Economic Dev. only CUrrent Planning . Duane Bazzel, Advance Planning Bob sennett, City Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson SWeetwater Union H.S. District, Tom Silva (IS' EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Other -h Barbara Reid Environmental Section SUBJECT: Application for Initial Study (IS-94-21 /FA-.fJ~jDQN/A ) Checkprint Draft EIR (20 days) (EIR- _/FB- _/DQ ) Review of a Draft EIR (EIR- _/FB- _/DP ) Review of Environmental Review Record (FC-_ERR-_) Review of Draft Neg Dec (IS- /FA- /DQ- ) Location: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The Project consists of: / Please review the document and forward to me any comments you have by March 4. 1994. - Comments: MAle -..P/ - / i3 ty 32... ROUTING FORM . ~. ..,.-,~~ ~~ r'! if"'~. ~,l'\ ; ___.;., ........ of~.; ilo.:' ....lJ DATE: ~ If, 1'M't r lr J M 10~1 .~ ~: ",,: Ken Larson, Building & Housing Jobn Lippitt, Engineering (EIR only) Clirr SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) aoger Daoust, bglneer1ng (Is'!J, .IR/2) Rlcbard Rudolf, Asst City Attorney (Draft Beg Dec & EIR) Carol Gove, Fire Department Marty Scbmidt, Parks & Recreation Crime Prevention, Police Department (M.J. Diosdado) community Development, Redev. Economic Dev. only CUrrent Planning Duane Bazzel, Advance Planning Bob Sennett, City Landscape Arcbitect Bob Leiter, Planning Director Cbula Vista Elementary Scbool District, Kate Sburson SWeetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Drart EIR - If annexation Is Involved) Otber ) Tb ; .eAE- I! : Barbara Reid Environmental Section """"\ SUBJECT: Application ror Initial Study (IS-94-21 /FA- .fl2L/DO N/A ) Cbeckprint Draft }!IR (20 days) (EIR-_/FB-_/DO ) Review or a Dratt EIR (EIR-_/FB-_/DP) Review or Environmental Review Record (FC-_ERR-____) Review or Draft Beg Dec (IS- /FA- /DO- ) Tbe Project consists or: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School Location: Please review tbe document and forward to me any comments you bave by March 4. 1994. " Comments: """ Jj - 1"/1; ~ Attachment EZ5 ' -' - J I ... Case No. :r:~-4<1-.;z.r INTERDEPARTMENTAL COMMENT SHEETS ENGINEERING DIVISION . 1. Drainal!e . A. Is the project site within a flood plain? ^' 0 . If so, state which FEMA Floadway Frequency Boundary. J{/A . B. What is the location and description of existing on-site drainage facilities? .;:N" CMP AT N~~ CORNr::1 ts: p~ WU I~U "~~Jl.l"'Q!C -n-:,..A. ~NL::fl.E."IE SW"LIE A~/.:. -rJ./IE r::-ACrt/ZL.Y C. S ,N AI:lad C> VNDIEJil6;(0v,.a>.Af!e.? DF .A>Uq_JJJ ~,'&6i 1JJNt:. ~ ~_ Uley equate to fefVe lne proJect"! lJ.fJ..t. =1~""" If not, please explain briefly. !;r;:;:vlb.&' u"s,t>1J LuI!. t:Y~U~FJ'> ~"".'r "fl) ""Eicl~ ..,-,.,e ~/"'~ NI!!t4L TIlE ~L/ I' CMp t#t'I::ALL. AFPL/~ ~~ -rl'}, PMJ:::.. D. 1 jL1!!::.ANY AvFAllJE- WU I~H FL.DW~ ~.rrJ.lIA/A..'IL'C:;>. E. Are they adequate to serve the project? Ye.;;. If not, please explain briefly. #J fA . n. Transtlonation . A. What roads provide primary access to the project? A~v Alk.AIlw:E B. What is the estimated number of one-way auto trips to be generated by the project (per day)? 7'10 Aur{'1J<;'Ab"r nu.:; ~/_&; ~II! ANb ~v '"'::.~." <.IsEJMf W€':k~-Al~ kr glJtI hrva"- C. What are the Average Daily TrafflC (A.D.T.) volumes on the primary access roads before and after project completion? Street Name Before After A( I!." /'/ AtE"', ~ :2.07t> Z~ss- Do any of these volumes exceed the City's Level-of-Service (L.O.S.) "COO design ADT volume? If yes, please specify. 1Ja. >K p.,e2 WI'C:f~Cl\STOREDI10n93 (\Uf. 1021.93) (Rd. 1020.93) ~r ~ - /fL/ Attachment E26 Y5-~ Case No. ,j..<; Jlo.f -.2-J If the A.D.T. or L.O.S."C" design volume is unknown or not applicable, explain briefly. N/A. -... , . D. Are the primary access roads adequate to serve the project? Ye.~."* If not, please explain briefly. f.J fA t W<>uld the project'create unacceptable Levels of Service (LOS) at intersections adjacent to or in the vicinity of the pr~ject site? N.D. .:>K If so. identify: Location tJ/A / Cumulative L.O.S. N fA , Is the proposed project 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). If yes. a Traffic Impact Analysis (TIA) will be required. In this case the TIA will have to demonstrate that the project will not create an unmitigatable adverse impact, or that all related traffic impacts are not mitigated to a level of non-significance. Yes .J.. No E. F. -... The following questions apply if a Traffic Impact Analysis is not required. G. Is traffic mitigation required to reduce traffic impacts that will result from implementation of the proposed project? Yes)( No If yes, please describe. N fA t H. Is the project co~sistent with the criteria established in the City's Transportation Phasing Plan. General Plan Traffic Element, and all other pertinent traffic stUdies? Please reference any other traffic impact studies for roadway segments that may be impacted by the proposed project. y~S. Is a traffic study required? Yes)(.. No Is 'there any dedication required? y~~. If so, please specify. ;pF.-nICA-~ ~1t;U"r-~-"'.AV' (30 !::,.J::r Wll:7'U) ~ hJk AI on ~ 1'/ A-l~..u ,E;. ~ t:;.-rfU:"Er- ~~ ~ I. J. WI'C:F,~GlSTORED\lOn93 (Ilo!. 1021.93) (Ilef. 1020.93) ~{ Page 3 ..2/ - If2. Attachment E27 f":> - ::> 7 :> Case No. rS-QI./.-.;2..( K. Is there any street widening required? No. If so. please specify. N~. , . L. Are there any other street improvements required? YE<5. If so, please specify the general nature of the necessaJy improvements. ~r&;."'" J_'~J^,r:. M. Will the project and related public improvements provide satisfactory traffic service for existing conditions and future buildout General Plan conditions? (Please provide a brief explanation). E:.xl!:Jru..lI:' i ~ &JII "'cvr~ YE~. m. Soils A. B. C. Are there any anticipated adverse geotechnical conditions on the project site? U/oJI4u;WN If yes, specify these conditions. N fA- . . Is a Soils Repon necessaJy? YE<G. P'U~ ~ (~I.A.I/J: /){:: ~T1IZlJCrJ",J I='EI2MI'T""S ~ {lfE- (!.YMA./A5/rP.{PHA.SE"IlL). . IV. Land Form A. What is the average natural slope of the site? t./- % B. What is the maximum natural slope of the site? 5'0% (5 f t>E ~DPES 'TZ> MtXTW . 1-<1<11:> /1J me. ~) . V. ~ Are there any traffic-related noise levels impacting the site that are significant enough to justify that a noise analysis be required of the applicant? No. VI. Waste Generation How much solid and liquid (sewer) waste will be generated by the proposed project per day? Solid UJJIt:J.1t>wN- JIJ~y.::":;.,e"',,,, INt:"nD~~L.""~ ~ll::III=O_ Liquid btlOOIf"~~~.:?,,,.1 t;.hU_).WUIGH (&::> &/fSb~u_I~/oAV(t5"7ErxJ<;.) What is'Ortfoc l~fr s~ existing sewer lines on or downstream from the site? A"vc..p ~€.e. LlN1I!!!5/M ..,..eAA~ Ot"Pe~ ~1J"""&.bAAlJrtlV C'n::",::I&-r-. A#Jh ~CA.l""" JIIn2~~.,- . Are they adequate to serve the proposed project? (If no, please explain) . y,::;e:. WI'C:':IIIDMlN'LAIlNING'STOIlEDIIO:z2.93 (Ild. 1011.93) (Ild. 10:10.93) Page 4 6.(. ...2/- / Y3 Attachment E28 Y~-5q3 Case No. r5...qLf-.:2..f vn. National Pollutant Discharge Elimination Svstem (NPDES) Stonnwater Reauirements """" Will the applicant be required to me a Notice of Intent with the State Water Resources Control Board for coverage under an NPDES Stonnwater Permit? yr=-=. . H yes, specify which NPDES permit(s) and explain why an NPDES permit is required. N~ t!.1!EAIC"IiAL- ~rr t:nlL ~WAT'1:='D "Dr~~aE~ A<..tI!:,.;Vt..u...~ WI""" c.olJ.~"f]eJJtt-7'?cN. Att-nvI7Y. Will a Stonn Water Pollution Prevention Plan (SWPPP) be required for the proposed project? }( Yes No Additional comments '" 0f0.IE. , vn. Remarks Please identify and discuss any remaining potential adverse impacts. mitigation measures, or other '"""\ issues. NONE-. :; :/1/91 -., eer or Representative Date WPC~'~~021.93 (Rd. 1021.93) (Ref. 1020.93) ~1 .:J.I-f 11 p.,.s .. . DATE: !'6. F.,.o'M" . FRS:, I rO~ SUBJECT: Attachment E29 ROUTING FORM February 22, 1994 4'}'" -I,: ., Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, ABst City Attorney (Draft Neg Dec & EIR) Carol Gove, Tire .DepartJlent Marty Schmidt, Parks & Recreation Crime Prevention, police Department (M.J. Diosdado) community Development, Redev. Economic Dev. only CUrrent Planning Duane Bazzel, Advance Planning Bob Sennett, City Landscape Architect 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) LAFCO (IS/Draft EIR - If annexation is involved) Other C:::-~~~~a Rei~ Environmental Section Application for Initial Study (IS-94-21 /FA-m.JDQN/A ) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DO ) Review of a Draft EIR (EIR-_/FB-_/DP) Review of Environmental Review Record (FC-_ERR--l Review of Draft Neg Dec (IS- /FA- /DO- ) Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School The project consists of: Location: Please review the document and forward to me any comments you have by March 4. 1994. . comments: 3 i ..:?I-/ f'5 Attachment [30 , Case No. /.s - 779'-07/ FIRE DEPARTMENT ~ A. What is the distance to the nearest fue station? All!! what is the Fire Department's estimated reaction time? Distance is one and three quarters of a mile. Estimated reaction is four minutes. B. Will the Fire Department be able to provide an adequate level of fire protection for the proposed facility without an increase in equipment or personnel? Yes. C. Remarks """'\ ~~ C, I~ Fire Marshal 3/2/94 Date -... WPC:F'~OISI'OllElNon93 (Rei. 1021.93) (Ref. 1020.93) "~JJ- /1/1 P...6 . . . Attachment E31 . . CHULA VISTA FIRE OEPARTMENT BUREAU OF FIRE PREVENTION PLAN CORRECTION SHEET Address 1613 Albany Ave. IS-94-2l Plan File No. Checker Horsfall Oate 3/2/94 Type Constr. Occupancy Bldg. Area No. Stories The following list does not necessarily include all errors and omissions. n0Xi~x~~llIilWxnxrwx 1. Fire denartment access to the school perimeter must be provided per the California Code of Revulations and Article 10 of the 1991 Uniform Fire Code. This means that a twenty foot wide all weather surface capable of supporting the weight of fire apparatus must be provided around the perimeter of the school for fire department access. 2.. On site fire hydrants will be required per Article 10 of the 1991 Uniform Fire Code. At this time there is an existing 12" water main on Albany Avenue. 3. The proposed gymnasium may be required to be provided with a fully automatic fire sprinkler system depending on size, type of construction. fire dept. access and fire flow. If the gymnasium is to become a part of the Community Center the center may be required to be retrofitted with a fire sprinkler system. A fire alarm system may also be required in the proposed gymnasium. The usual fire extinguishers will be required. 4. The Office of the State Architect, 15373 Innovation Drive, Suite 250 San Diego, Cal. 92128 must be notified of the proposed changes affecting the Otay School perimeter and ,access. Any correspondence should be addressed to Mr. Efren Abrego of that office. More information can be provided by the fire dept. when more detailed informaton or plans are received. FPB-29 ~d <>1/ - 1?'7 ~ ~~oo '.i'l":~~:::;'" .. E-W J,j" -:-. " """.L.!L~ .'~ .j, .. ~., ~'''''40" ,u..,',,' ,', ~'" r: 'k ;';,," _ ~..~ .,..... r' ...., .''1(:" ~ I oJ,,, . . ,.. _ _.J_ .,. l,~\.~,'..t ':'" !/fJ *~':': .~..,.. I.;""", "",' '1 ~ ;~ ~'F' . I...... tID.' ~!t;,- , . . ',' "~., '. " ...-:...... ~.;~.',ia. f:1~ ~~ ~ (.: M ~ :;: " ~ ~ ,'$ ~ E";5r"~G- FII'l.~ H'IOA.ANTS AT ARE'" OF OT"'1 S~~ool. <{I JI-tll . . . Attachment E33 ROUTING FORM DATE: February 22, 1994 ro: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Clitt SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolt, ABst city Attorney (Dratt Beg Dec & EIR) Carol Gove, Fire Department Marty Schmidt, Parles & Recreation crime Prevention, police Department (H.J. Diosdado) Community Development, Redev. Economic Dev. only CUrrent Planning Duane Bazzel, Advance Planning Bob Sennett, city Landscape Architect 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) LAFCO (IS/Dratt EIR - It annexation is involved) other . FROM: Barbara Reid Environmental section SUBJECT: Application tor Initial study (IS-~4-21 /FA- ..filj,jDQ N/A ) Checkprint Dratt EIR (20 days) (EIR- _/FB- _/DQ J Review ot a Dratt EIR (EIR-_/FB-_/DP J Review ot Environmental Review Record (FC-_ERR-_J Review ot Dratt Neg Dec (IS- /FA- /DQ- ) The project consists ot: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage). Otay Park, 1613 Albany Avenue, Otay School Location: Please review the document and torward to me any comments you have by March 4. 1994. comments: y~ .J/ - J~9 Case No. /5 - 9i'~~/ PARKS AND RECREATION DEPARTMENT .-., A. Is project subject to Parks and Recreation Threshold requirements? "i'" If not, please explain. f>...."J...,.. ~ \.. ~ '( yo "'=- B. How many acres of parkland are necessary to serve the proposed project? ~A C. Are existing neighborhood and community parks near the project adequate to serve the population increase resulting from this project? Neighborhood N\t>. Community Parks foJ \ b.. D. If not, are parkland dedications or other mitigation proposed as part of the project adequate to serve the population increase? Neighborhood .-3\'" Community Parks t..J \6. E. To meet City requirements, will applicant be required to: Provide land? ..J \A Pay a fee? ~ \.. . F. Remarks: --bJ..Ik .-., d Recreati or Representative fe.~ 22. 1~1i Date ~ WI'C~O~93 (JII.III1I.93) (JII.I02O.93l Pop 7 If? d/~ /5rJ .. . . . Attachment E35 ..HULA VISTA POLICE DEPAR'i.\'1ENT CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS Mi,', ": DATE: n\.tUUL ~ /qqc; TO: ba-1..NAA..JU.ld &Y;r~ .tX~M.n ...A~ VIA: tYl! pl.;[i:'e.-R.. J ;;g,.;v~~'n....S T:nVI'~' 6-+,-~~~ FROM: YY\'(f' 'V.. C '" d~,-d.o I 5 e. P S PROJECT: .r s '0 4- - 2- I @:n:t-'-J- Q~ The Crime Prevention Unit does not have any comments regarding this project at this time. Infonnation on the project. or within the plans. does not provide enough detail to permit crime prevention analysis. V Please forward the following information to the Crime Prevention Unit when available. \./' Elevations Floor Plans ~ ./ Landscape and Lighting Plans Site Development Plans Comments: {~ fJ /;11/ VA1 yJJ PY1 -' ~l.(! ,I..t ~t1 / cc: Brook~ver. SCA CP'IED ROUIina Form PD(cpu 06/93 9'f/ 02/ - /S / . ROUTING FORM """'\ DATE: February 22, 1994 2'0: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst city Attorney (Draft Beg Dec , EIR) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation crime Prevention, Police Department (M.J. Dlosdado) Community Development, Redev. Economic Dev. only Current Planning Duane Bazzel, Advance Planning Bob sennett, city Landscape Architect 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) LAFCO (IS/Draft EIR - If annexation is involved) Other FROM: Barbara Reid Environmental Section """'\ SUBJECT: Application for Initial Study (IS-~4-2' /FA-.fJ~,jOON/A ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/oo ) Review of a Draft EIR (EIR- ____/FB- ____/DP ) Review of Environmental Review Record (FC-____ERR-____) Review of Draft Neg Dec (IS- /FA- /00- ) The Project consists of: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School Location: Please review the document and forward to me any comments you bave by March 4. 1994. Comments: """"\ lJ1 )1' 15~ . . . Attachment E37 ROUTING FORM DATE: February 22, 1994 r::" - -...; !O: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff SWanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst City Attorney (Draft Neg Dec & EIR) Carol Gove, Fire Department Harty Schmidt, Parks & Recreation Crime Prevention, police Department (H.J. Diosdado) Community Development, Redev. Economic Dev. only Current Planning Duane Bazzel, Advance Planning Bob Sennett, city Landscape Architect 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) LAFCO (IS/Draft EIR - If annexation is involved) Other FROM: Barbara Reid Environmental Section SUBJECT: Application for Initial Study (IS-94-21 /FA-~/DON/A ) Checkprint Draft EIR (20 days) (EIR-_/FB-_/DO ) Review of a Draft EIR (EIR-_/FB-_/DP) Review of Environmental Review Record (FC-_ERR-_) Review of Draft Neg Dec (IS- /FA- /DO- ) The project consists of: Master Plan for renovation of Otay Park which would include the construction of a gymnasium, the development of athletic fields and the installation of passive use area (plaza, restroom, stage) . Otay Park, 1613 Albany Avenue, Otay School Location: Please review the document and forward to me any comments you have by March 4. 1994. COJllJllents: /?1{? C'CrPlm?~ J ~ ~. wr ~/.z."" /9"1- 9"~ ~-IS3 Attachment E38 Sweetwater Union High School District ADMINISTRATION CENTER 1130 Filth Avenue Chule Vista, California 91911.2896 (619) 691.5500 ~ Division of Planning and Facilities February 25, 1994 Ms. Barbara Reid City of Chula Vista Environmental Section 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Reid: Re: Masfer Plan for Ofay Parle Renovations The Sweetwater Union High School District does not oppose the proposed Otay Park renovation. Please be advised that projects undertaken by the City are exempt from the payment of school fees. However, a Certificate of Compliance will need to be signed by an official of the district. ~ Thomas Silva Assistant Director of Planning TSlml -., l.J1 df-/5f . . . Case No. /S - 9-'/-.J/ APPENDIX IV Comments Received During the Public Review Period _ No Comments Were Received During the Public Review Period . wpc~O%l.93~.IIl1I.93)(aoI.I02O.93) ~ ...2.1 ~ 55 Attachment E40 . ,\1I.cuct ~J \q'li I , """\ i ! i t:n u i ('(J'r. I"fIJJAf-oJ ~ In eu) C (\f) rc1.vncd:i;L- ,I ~ ! i ACA.': 1 . " - , ,~; ,:. ~. . lq/~ I I :D.5b.: 'Drllo.Pm4.J ~ P. f: oid.- :: r:1 +L. 'PJ).M~, -- _____~ ...p~ ole, I 1J.k (\ ~~- -hi .AI d.J, - 1 l.j~ :J/' 15~ IU.Ldt;runenL 1:....1 'r> . .. i i I ! I I II 1-,d" rw ~, ,. I,--Q..v'~ C,,-s-/u, ZQO"-zp.J /(g 0 Z.e hi H_ ~iA;~-:t .__ ;, CklOv-~/ CA q J 9//-S'gy.r ___ __--'-:...JpJi - 'I J. 7 - 0 &-7 ~ Vkli-L16 _ .~'/ ~t/.h'cJ44.tM./ ./nit). - JcbJ --- , ----------...-- , , ,I 'I " :1 :\ II il Ii -e--~ ...r-o ~ ~ /57 Attachment E42 APPLICATION CANNOT BE ACCEPTED UNLESS SITE PLAN IS FOLDED TO FIT INTO AN 8-1/2 X 11 FOLDER INITIAL STUDY City of Chula Vista Application Form FOR OFFICE USE ClSe No. .Is - 9f'-.;7/ -.., Deposit ~ Recei pt No. -61- Date Rec'd ...;?- ~/~tt/ Accepted by '8 . ---=. Project No. "':A~~~ A. BACKGROUND J. 2. PROJECT TITLE OTA.Y" "'AA.fC.. rz.E.r.JoI/A"not4 t--\.....~~AN PROJECT LOCATION (Street address or description) ~" It. ,~ ~tw..~ lINua... : ot--,,~ ~\. Assessors Book, Page 1 Parcel No. ~~\ "2.!>.2..~'~"" BRIEF PROJECT DESCRIPTION ~~d\GoZ.~'a.!o'.:z.... 3. 4. Name of Applicant C\'T"'f' 01:' c.~. A VU..-rA ~....a/'" ~ ~er.ll/~rlO~ I ' ~ Address .2-,f. Fc'-'llL."T'\04 AIIENUE. Phone .R9,1-SO"T\ ...~"r. City('~'fA. VI....rA State cJI.r. Zip C\\qIO Name of Preparer/Agent cl~"1' p.. ~1:'t1(Y... t':L.. J I fA. tJ"''''^ CF .pL.AN~ Address 2.''- ~Lllil"'" ... ./~1L1~ Phone "ql. 150':1- I City c..u.......... Vl~"rl:>. State rA... Zip ~ Relation to Applicant -""^M~ 5. 6. Indicate 111 permits or approvals and enclosures or documents required by the Environmental Review Coordinator. a. Permits or approvals required: ___ General Plan Amendment ___ Design Review Application ___ Public Project ___ Rezone/Prezone ___ Tentative Subd. Map ___ Annexation ___ Precise Plan ___ Grading Permit ___ Redevelopment Agency ___ Specific Plan ___ Tentative Parcel Map ___ O.P.A. ___ Condo Use Permit ___ Site Plan 1 Arch.Review ___ Redevelopment Agency ___ Variance ___ Project Area Committee D.D.A. ___ COlstll Development Use Permit ___ other Permit b. Enclosures or documents (as required by the Environlental Coordinator). ___ Grlding Plan ___ Arch. Elevations ___ Plrcel Map ___ Landscape Plans ___ Precise Plan ~ Tentative Subd. Mlp ___ Specific Plan ___ Improvement Pllns ___ Other Agency Permit ___ Soils Report or Approvals Required ___ Hazardous Wlste Assessment Review ___ Hydrological Study ___ Biological Study ___ Archaeologicll Survey ___ Noise Assessment ___ Traffic lapact Report ___ Other -.., ~/~ ~ - /5! WPC 04I3p/9459P -1- : Attachment E43 . 1. "Ilo"" ~ \ ''',b.'' .~. ") *.~_ OTIlo"f "ColIIO"'~ >>'f. '0,," ~.t- ,,>...,. ""'- a. Land Area: sq. footage ~"~,'''''' or acreage ---9.....-. If land area to be dedicated. state acreage and purpose. S \"p... . . b. Does the project involve the construction of new buildings. or will existing structures be utilized?.,tloH' (....L..\A...:.~ " ComplEte this section if,project is residential. ~/~ Type development: Single family Two f..ily lti family Townhouse Condominium b. Totl umber of structures c. Mlximum ht of structures d. Number of Uni 1 bedroom 3 bedrooms bedrooms e. Gross density (DU/totll es) f. Net density (DU/totll Icr g. Estimated project po Ition h. Estimated slle rentll price rlnge i. Square fo ge of structure j. Perc of lot coverage by buildings or structure k~ mber of on-site parking spices to be prOVided ~ Percent of site in rOld Ind paved surface - Complete this section if project is commercial or industrial or mixed t.1\b. pe(s) of llnd use b. Flo c. Type of B. PROPOSEO PROJECT . bedrooms Total units d. Height of structure(s) struction used in the structure Describe .ajor ess orientation to Idjoinin points to the uctures and the roperties an. reets . h. ted number of deliveries per day . .-.r of e. Number of on-site plrking sp f. Esti.lted number of tiS shifts otal g. Estimated nu of customers (per day) and bas "PC 0413p/1l459P _2_..r-<. ~-/:57 Attachment E44 stimated range of service area and basis of esti.ate """'\ J. Type/extent of oper dings k. Hours of n e of exterior lighting 4. If project is Ather than residential, commercial or industrial complete this section. a. Type of project +.so. b. Type of facilities provided c. Square feet of enclosed structures ~~...... d. Height of structure(s) - lIaximum '.' c.~~ .C....\'o;;:t "',&-') e. Ultimate occupancy load of proJec~ ~.:~~~~ ~ f. Nu~er of on-site P~~i~t;~:;.e!c(.to ~rovi~~...~~~~su-I g. /qua~eftore::oad and paveC! surfaces -cE.'+.. .. "'!_ _ ~~ -=-~:} (uT\--'c. h. Additional project characteristics~\c,"""""" ~.~ ~ t>^~4 ~) 4.T b-4.ud <"u-.l ~ "".~... ~~~"h--...d; .e...... . f f-'- -.. ~ ~ n.1oJ.;.J&oo~ "'....~ '\Prr1'~ ' L~') ".;p~~ ~-., """-"."'s.... a.'\o. "t.... s..[.. (I)) ..... ( pol ca""""- ,"""\l\..~. 1l,"lO~~. ( ~ "AI:Uc.. {...') G.."'L. P....\~'" '\ 1.. 3,"~ 'E.\ P ~p". .... ~ Q .. C'ON......:s,~!I.'= C. PROJECT CHARtCTE~ISTI~ . "'1 .. - II c.c:...: ..,\'eof>>'~, :z.o. 31"\ ~.c . ~) be..c..""4lO...... ~...~~...~ 1. If the project could result in the direct emission of any air "'t...'So\" ~.f-. pollutants, (hydrocarbons, sulfur, dust, etc.) identify them. t0ln-.D 2. Is any type of grading or excavation of the property anticipated ~l!.~ (If yes, complete the following:) a. Excluding trenches to be backfilled, how ..ny cubic lards of earth wil 1 be excavated? ....... ,~e ...~ ~'- _' . ~ ~ ~~ _ How lIany cubic yards of fill will be placed? n"'A" How lIuch area (sq. ft. or acres) will be graded? ~ ~ ___~ IIhat will be the - Maxi.ulII depth of cut -' 0 '"'~,4.. Average depth of cut ':l, La "- Maximum depth of fil 1 ~ 3 (' ~-\- Average depth of fill \ f _Ir- b. c. d. '.......- -.........,\ IIPC 0413p/94S9P S :>-3- JI~ff;V Attachment E45 . .' . .3. "111 there be any noise generated from the proposed project site or from points of access which .ay i.pact the surrounding or adjacent land uses? ..._n. 4. Describe all energy consuming devices which are part of the proposed project and the type of energy used (air conditioning, electrical appliance, heating equipment, etc.) l""""'''- Indicate the amount of natural open space that is part of the project (sq. ft. or acres) t'\D"'_ If the project will result in any IIlployMnt oppo t~ies describe the nature and type of these jobs. .. .. <!; . C'...CH"U>" - E''''~ )~ ..ol"AIIII. . \ "111 highly flarllmable or potentially .ateria s or substances be used or stored the project site? """ How many estimated automobile trips, per day, will be generated by the project? u.or.It......nL"~ Describe (if any) off-site improvements necessary to implement the project, and their points of access or connection to the project site. Improvements include but not limited to the following: new streets; street widening; extension of gas, electric, and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. s. 5. 7. 8. . t. ""n ..,~..~,~~ ...It".r..v~~~. D. ~SCRIPTION OF ENVIRONMENTAL SETTING 1. Geolocv' Has a geology study been conducted on the property? ~n (If yes, please attach) Has a Soils Report on the project site been .ade? t'\D (If yes, please attach) z. Hvdroloav Are any of the following features present on or adjacent to the site? ""- 0 l...IDLA3 (If yes, please explain in detai1.) a. Is there any surface evidence of . shallow ground water table? ,^"",,,. . b. Are there any watercourses or drainage i.,rov...nts on or adjacent to the site? .JOfoc. "p.- ,.^~_. ~.......:_...~~: ~JU"\-. ~"PC~ ~ ,,,,<.".Q ...l8~ 6~e.W'~'~ o~ (j...~~ ~~ "PC 0413p!'4S9P L c-,-~- ,"'- - ~ \;~ I> lA>.o~ ~. .. - "y~-/F/_ Attachment E46 ; c. Does runoff from the project site drain directly into or toward ~ a domestic water supply, lake, reservoir or bay? ~ 3. d. Could drainage from the site cause erosion or siltation to adjacent areas? "".." e. Describe all drainaie facilities to be provided and their location. .s...{~t!I!I.u.w-~t~ ~v-" :,UIl..fIl\O B"\A. ....,,~~ ""--.( ~ .........p.,__n oc.. Ie H-tA~ i"",pr-o";\.~'=' f>n"u~~:b Noise (i~ ~l,~, c.o.h:..L...liro.,.W\.S c;:k...~ ~ . a. Are there any noise sources in the project vicinity which .ay i.p ct the pr ject site? . . ~ C s.~ f"O\~ ;\ootQ... ~""'-l. \"\,D'~ ~~ ~...=---+- Bioloov c;... ~~lI>'"c( "~~~Q.' CN-- ~ ~_"t'- "'~~ ~.~. a. Is the project s e n a natural or partially natural state? ","0 4. b. If yes, has a biological survey been conducted on the property? Nl~ Yes No Jc (Please attach a copy). c. Describe all trees and vegetation on the site. Indicate location, height, diameter, and species of trees, and which (if any) will be removed by the project. . ~ . . 5. Past . ~ \P' \ .,..~ u-"'; ~"1r r. cl-.......; c..,. 'IT'~ ~ .-<Ala( Use of the Land ...o~ .~..,r."'~ ..~. 4-. ....1......, ~ w-c.... I~_ ~+~..........s:. ,sf<<..'-L._ . Are there any known historical or archeological resources located on or near the project site? h~. a. b. Are there any known paleontological resources? ""',... " c. Have there been any hazardous .aterials disposed of or stored on or near the project site? 11\__.. . d. What was the land preViouslr used for? t =--"- -- M"\o~......,,. , N Eo ~ "", n ~p - ,,~ @l 1S"" \...T 2.o'+~. ""orlt..c.",,+- u"bA " 0 t- ~ "'Vb"",,,^,~ .l_.~ ...l~ -=_..~_.....~IY..__ -~""""'_' Iu.&i!> , , . """'" ~u - N>' -.. r --. -... ~ ~oQ.,......... 't. \'0 -u' "'-+-, ls.,;.......o.. 2-..s"-lr..~"'-U.~ '\U'"c.~,"^,~t\~ -r.. \~'- \b I 5...... &..."O.6C>~ -.p.p . +~~~. , ~'f' k.t- 501...... 2-0'.....'" ~l-..:... WPC 0413p/9459P ~<) _5!B;'~)C. 1'~ cJ-4,...., z.~' W- X. l.{{J'dlyJJ . ~ ~- /(,.2 . ... ,~\... ,\ ~ : . . . Attachment E47 .~ . . . 6. Curr.nt land Us@ ao Describe all structures and land uses currently existing on the project site. , . . ....~ b. ~ Pct..c.A-~-. J d.' "":H~ /-J..ut~.~ &c.YJ~c.&- Describe 11 structures and land uses' currently existing on adjacent property. North n.,... '--_alL ~\.. ~~L I=c..,~."'" - Q.ac..\~ South East "est , 7. Social a. Are there any residents on site? (If so, how .any?) nD'^ a . b. Are there any current employment opportunities on site? (If so, how many and what type?) VLo~ 8. Please provide any other information which .ay assist in the evaluation of the proposed project. c"". ~~ {'.....p~ dl".l-4-,.ri ".2..\..,...,.,. r'/)MAM^I'-tielA.. aAo,,-,vV'J. .,,~.t,"J.P""'.I::....- rJ "PC 0413p/9459P .s-~ -6- .,1/- 1ti'..3 MI..I..Ql.llIllC'111. 1:.'1'0 .. . , . . . E. ~ERnFICATION ~ J, .Jl~ or Owner/owner in escrow* J, ~;:~nl~P . ~ o;;~~ent*. , c..~ \;J.... J;?- ~ v ~st-.. T'oo..A\2.4-~ ~tr'^-~-(>>'~ HEREBY AFFIRM, that to the best of ~ belief, the statements and information herein contained are in an respects true and correct and that all known ~ information concerning the project and its setting has been included in this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. . DATE: ~ 1; ru1 *If acting for a corporation, include capacity and company name. '"""" . WPC 04I3p/9459P -7- S1 cJf-#f . . . Attachment E49 . .' PARKS a RECREAnON COMMISSION AGENDA STATEMENT Meeting Date: rYl/17194 mM TITLE: IUIMITI'ED IY: Resolution: ApprovIng the Moster Plan for Otoy Pork Renovation. OIrec:tor rA Paries and Recreation Olmg the FV 93/94 budget process. ColIlcI oppropIIoted 5137.800 to form~e 0 most~r plon and construction doCuments for the Otoy Pork Renovation project. Since then the Department hos Inltlated on In-house moster planning process. this has been 0 collaborative planing process which Included 0 serles rA meetings wtth Otoy resldents. administrative stoff of the Chula Vista Elementary School DIstrIct (CVESD) and the prtnclpal rA Otoy School. The design and development rA the Moster PIon for the park and adjacent Otoy School open field area Is prepared for Commission consideration and approval. A colored rendering of the proposed design plan will be available at the Commission meeting to facilitate the descrlptlon of the proposed Moster Plan (Attachment A>. RECOMMENDAnON: that the Parks and Recreation Commission support the Otay community preferred plan os the Otoy Pork Renovation Moster Plan and support Option 3 Phasing Plan. DISCUSSION The master planning efforts In the Otay community Is an attempt to address: 1) park and recreation deflclencles In the southwestem port of the City and 2) Improve the condition of this older park. . The Commission may recall that the Department investigated the feaslbDIty of siting 0 park and , recreation complex on the Fourth and Orange property. A Moster Plan wtth several options wos developed. At that time the library Deportment was able to gamer 0 substantial amount of funds from the state to construct 035.000 square foot facUlty. ConseQuently. the library (beCause of the availability of funds) Is now utnlzing the Fourth and Orange site to construct the South Chula VIsta library. The Department has since ossessed other possible park sites In $Outhwestem Chula VIsta. One area that possesses tremendous opportu'lltles Is Otoy Pork. TIvough 0 joint development and joint use agreement the park site could be Improved and ellpclncled by approximately 4 acres. ThIs report dIsCusses what those 1mpr0000ments COUld entail at fuI buId out rA the Moster PIon. Located rAt rA Albany between 0l0nge Avenue and MaIn Street. Otoy Pork Is 0 4.3 acre park In need of significant ImprOllements. Upon onoIysIs of the site. stoff tOOk Into account the uroundlng comm~ and 01 potentlol opportu'lItIes wtthIn the immediate area. In NO\/8mber rA lost year stoff launChed 0 serles rA meetings with the residents of Otoy to determine their recreotlon needs and desires. In addition. on onotysls of the Otoy Pork and Otoy School existing opportunities and constraints was prepared which ldentlfles three varying conceptuoI design Oltemattves for the site <Attachment B). On December 9. 1993. the three allernottves were presented to the Otoy residents. At that meeting the residents selected allemotlve 'B" os the preferred plan for the park. this oIIemotlve proposed extensive Improvements an the entire park slle and the school playgrounds and open field areas. The community Identlfled 0 modification to the allemotlve "B" plan by recommending that 0 gymnasium be located next to the existing Otoy Center bUIlding's eostem edge rather than the southeast comer of the school field OS orlglnally shoWn on the aile motive "B" plon. ..r4" -f/-/~C Attachment E50 'ColrlCI Agenda Statement MeetIng Dote: rJ2/17/94 Page: 2 . A common theme expressed by the community was the Importance of the final master plan reflecting a strong emphasis on meeting the recreation needs of the community's youth. The provision for a gymnasium was Identified os 0 high priority recreation facility that would meet the community's focus on youth diversion and recreation opportunities. Further. the Oloy community group discussed and agreed upon 0 preferred funding and Implementation phasing plan In the foIowlng order: (1) Construct 0 gymnasium In the first phose. (2) Develop the athletic fields. (3) Install the passive use area. (plaza. restroom. stage). of the master pion, A preliminary cost estimate was completed based on the preferred plan <Attachment C). The overall project Is estimated at 2.5 million. Due to the total amount of all of the proposed Improvements. phasing of the project Is required. An analysis of optional phasing of construction was conducted to determine the benefits of a portlcular phasing option over another (Attachment D). Four possible options were identified, they ore: ~. -, -- -II OptIon 1: Gymnasium School Pork OptIon 2: School Park Gymnasium OptIon 3: Pork School Gymnasium OptIon 4: Pork and School Gymnasium ......... The implementation of the Moster Plan In 0 three phase program Is.a cost driven pion which would allow Improvements to be accommodated over a period of years as funding becomes available. The community preference for funding and Implementation of the Moster Pion Is represented In Option 1. The Deportment preference Is reflected In Option 3. I The Department believes the implementation Of the proposed pork Improvements In the first phase would directly benefit the recreation needs of the entire community whUe tolerating currently limited construction funding. The Deportment recognizes the Importance of a recreation center with on emphasis on youth diversion and recreation for the south Chulo VIsta residents. The deportment Is directed towards oggresslvely seeking other funding sources during the course of the yeor to moke the entire Olay Park Renovation Master Pion a physical reality. ........ ~~ clj' I fig, Jl 0=-.':- .==:= 'E'ii= ._- --- ,-- '.--- .==-~ .- 'tl!O:-'::== _!i!l=_ .==:.- ~ . . ., J_ I I I .1, i I I I J Attachment E51 A11...u...ent A n=- I I -- - --... Biit- - -- - I Jl I I I \ I I I I c -..,.......,. -- -- ,---, SJ).~.aE. I 1-- U~81' [ o - - -- \t> ~ ~f..~.. III - OTAY PARK RENOVATION MASTER PLAN A O&~ ....,.--~ , ,"<::3 :J./-/ {; '7' Ml..l..Ql,..lllIlCIIl.. a....H... ~:;t.. .. , )\ .; ,. ..~. ,. N.I/4 COR. SEC. 23 , #. :" ..' 'TREMON'! ~:~~ - (;) --};: :'s ~ -,,0' ..I~ ' # ,,~. ~I ~l1$7_ . 111$7_ : AI....". .w.......Jt po' . ST.. ~ ...,....-.... _. ..,.7. 6!1 l' Ct. PM 2583 . 16 I . \!JI PAR. I t ~ 4.30AC. . ' .~ . -LIJ .. ..'. l~' . ,. ..c 'C ~ 1>-:' · ex: ;PM 25~ii,..t'a"~, ....u. ; ~ 'w ...,.-'.. -.., ...." It., -r-,tJ> _" l 7-cJJ) . I'. I ~:. .' MONTGOMERY to aT'i~ ~ : )-. (\11' jO "-27 AC, .: ~:tii e. I LL. >l ~: o 1 J-~\ .-. ~: ~ O' ZENITH ST. ~l:i: l' f ~~ ~: .', 0 c.: I 1.79 AC , l( POR. PAR. 3 Q "S.B.E. MAP \I . q::' 141.-37-107 i~ "R.S. ~ 613 ._~~ll.f;~~: '. . " -.... f'IZ.P~c....r ~ A\II:.e:..A. Q17 EW """" @ f~) D . . ~ . . .... .' fj .."...;;,.1.1.;,;,;;.... ", - ,....... _C-ot~ '" NIf el<' RS 17Z)- st ~ 'IV ~ . ~ l,...OCAT IOH "-HArP o-r~ f'~~!(. ~Joo.loJAT 10""'""",, " ~:Pl:'~ s... DIEGO COUNT" ,,". '.' .- .... ..., ,,".' -: '. ASSnSOR'S M.' ,.' 1001\ .Z3'AGr Z~ MAPPED FOR ASSESSMENT , - '. PURPOSES (f' , ONLY,j!_/rd . , ,. ' .. . _KTl3i .',n! ,LAC," 'NTlRNAL ImN .. PORATlON GRANT DEEot '''''\11' It .111 IIlll _u .. !1UI1 1....'IlT ~ ! :_:~ ~~ Attachment E53 . . .. ~ . . , A"ill. t. S. $....5.2.25 ...." 182671 'm:::u:,.QUUT Of )- !!,IOll mu 'mRf.!'I:r- ClI, ~ OcT 31 .Lu ~I\ '58 .. T.IJl 'Ali(34~l . Offltll.l HtoRD$ fJ, alII DIEGO t",,~H, tM 1'. IItERM ulll!I.Rtrnlnto /~t. . <3 ~ <""..2. 01-1 ~ ~ ..... I" .... ltMS ~1I0THEI\S MOTOll CO.. . ur",.Iien """l~ei ,Mer lhe 1..5 .1 lhe SI.te .1 CB l' forn' II _ hernJ GRANT I. ''cHUL^ VISTA CITY SCHOOL DISTRICT fOR A UlUlIlt COHS1DtR1TlOH. lIIe IlIl ".,mJ In \he CllntJ .1 SIn DIego, SIIle .1 tllIl,,"l.. 4escrlH' .5: . Th~t port1o~ of Section 23. TownshSP 18 S~lth. 1I9nee 2 We~t. SRn Bernl'1'I!'no ,'er1cU"n. 1n the Cn'mt.y of S1!In D1ello. stAte of caUfor"'''. ecco~Snll to the t~1t~ St1!ltp.s Govern~ent 5urvey Rprroved Fehruery 25. 1B70. aeller'be~ es fo11~'s: co",,,,,,,,csnc !!It the So,)thwP.~t corner of the tlorth\rellt QUl'rbr nf the tlortheut QI1erhr of ~",.. Section 231 tllflnCe E1!I~t. 730 fe..tl thence North 858.00 feetl the"ce Wp.st 730.00 feet to the Ellst 11"e of Otry l'ceor~1nf. t~ the M1!Ip there~f tlo. 263 filed ~n the offS"" of th" C"'J'1{Y lIecorder of S..., Dipro COl1"ty, ,T"ly ~5. 18871 th"nee So"th ..lo~c sn1" El'st l'ne to thp. po'nt of co~",enceme"t. EXCEPTlrG fr~'" thp. ..hove dellrr1h~ pr"rerty, the ~.~t 300.~ feet of thp. SO"t" 320.00 fe..t t.heTt'ofl "nil th"t POTt, on of th" So,..thcrly 220.00 feet thereof lY'''r EA~teTly nf the EA~t line of ~..,~ Ye!t 300.00 feet. '1 lit It IS "" ",. s.1d lorpolllion hIS l'USed lis CIIpor.te nlllle Inhnll. H .lIbed helelo In' Ihis insl.u' _I I. H eltlule' by i1s__..___m_.---.---'.-' Presi'ent 111'.___-" . Secrelllylhere. 1111. dulJ .L'thorbed. \.J, . 411"'.' . ~~t.Dller.,.~,...l.9.s.6-- . j .: , ~ '.. ~. ~. to:: :. r:' ~ , .~ ,: ,. ISEAl! . ". ... " . ~. ...... .~ ..,..... . .~:.~ ~. -'b""JJOIQll CO. -~ - ~ Iy_ _ lU~4.__- .... Co ......... IJ- ~~ . . .-..- lerttll" \ _llI\I..I\, C~L1FOJ\lll^_. .-..\ t ~"'J' :~:~~~G~,. 1. I .... .. · ............ · ....., .... II ... }, ::;~. t. \. . :-.' & '-' '" ~~~:b:.~: ~' "..., .n.... f"""lI. ....olt4 . """:lIflll.lybwl · · ...... \ .. *",," ~I\' _. I :Jk" , _.... ~-k--. .... __"It: g,1l1.!LY1s..~~U'y'"..&~.S!.9.1._lU..,.ttllla...f...Q.;~1) 907. Chu1a V1stR. Ca11forn1e .Aa 1n0l ... .toIID!rs ISl ..' \\ \1' 1.. 'f !l~ \ ~ P. !t '. ,. ': o t ~ J ~ ~ 05 WI .J ~ COUNCIL AGENDA STATEMENT Item ~d- Meeting Date OS/24/94 SUBMITTED BY: RESOLUTION )"lSDd.- Approving the 1994-95 Community Development Block Grant (CDBG) budget and authorizing the transmittal of the CDBG Application, Final Statement, and Certifications to the U.S. Department of Housing and Urban Development Community Development ~~ctor ~ City Manager ~~ ~~J (4/5tbs Vote: Yes No X) ITEM TITLE: REVIEWED BY: BACKGROUND: In the Fiscal Year 1994-95, the City of Chula Vista will receive $1,812,000 in CDBG entitlement funds and will have available $9,000 in unallocated funds from FY 1993-94 making a total of $1,821,000. Staff has thoroughly considered the recommendations of several advisory City Commissions and the comments made at the public hearing before City Council on May 10. RECOMMENDATION: Staff recommends that Council adopt the resolution approving the 1994-95 Community Development Block Grant (CDBG) budget and authorizing the transmittal of the CDBG Application, Final Statement, and Certifications to the U.S. Department of Housing and Urban Development. BOARDS/COMMISSIONS RECOMMENDATION: See pages 20, 23, 29, 30, 35 and 40 of the CDBG Notebook given to Council for the May 10th public hearing. DISCUSSION: . PROPOSED BUDGET For the 1994-95 CDBG program, the City of Chula Vista has total estimated revenue of $1,821,000. The proposed budget is attached as Exhibit 1 and is summarized as follows: Administration and Planninl! (6 requests) Social Services Fundinl! (24 requests) Section 108 Loan Repayment (Norman Park) Caoitallmorovement Proiects (10 projects) Community Proiects (6 projects) TOTAL OF ALL REQUESTS $ 273,000 $ 271,800 $ 259,500 $ 926,700 $ 90.000 $1,821,000 d-d. - I Page 2, Item ..d-. Meeting Date OS/24/94 In order to be eligible for funding, a project or service must address at least one of the CDBG national objectives. All of the projects recommended for funding meet the national objective of primary benefit to low-income persons, except for the Community Appearance Program and the SBCS Graffiti Eradification, which meet the national objective to aid in the prevention of slums and blight. The City adopted the 1993-96 Community Development Plan (see Exhibit 4). This plan outlines the City's specific community development goals and objectives for the CDBG program and serves as a guide for making allocations. All of the CDBG projects and services recommended for funding in this report meet the goals and objectives of the 1993-96 Community Development Plan. Staff recommends that the Council make a finding that the Community Appearance Program and SBCS Graffiti Eradication Program are necessary and appropriate in order to meet the goals and objectives of the City's 1993-96 Community Development Plan. This finding is required by HUD in order to fund these special activities by community-based organizations. Ailm;";stration and Ph'"";"!! Summarv The proposed budget for 1994-95 includes $165,000 for program administration. These administrative costs represents approximately nine percent of the total budget and includes staff costs for coordination, accounting, monitoring sub-recipients, environmental review, and reporting requirements. In addition, staff recommends funding for six organizations who are requesting funding for planning and administrative activities, as follows: Chula Vista Fair Housing Program Requested: $39,645 Recommended: $33,000 PURPOSE: To provide a comprehensive fair housing program, including education and outreach, a tenant-landlord hotline, follow-up on discrimination complaints, and fair housing assessments. RATIONALE: This program is designed to fulfill all of the City's responsibilities and obligations for fair housing education and enforcement. An increase of $4,000 was given to this organization from last year to do additional discrimination testing and follow up. Chula Vista Human Services Council Requested: $25,000 Recommended: $24,000 PURPOSE: The Human Services Council builds coalitions among Chula Vista area social service providers in order to bring more funding for needed services into the South Bay. RATIONALE: The Human Services Council, through Project CARE, a community d;::l.-~ Page 3, Item ~ Meeting Date OS/24/94 effort to check on elderly who are isolated in their homes, has demonstrated its ability to make coalition projects work and to bring more resources to South Bay agencies. This allocation will continue to allow the Council to hire a part-time staff person. Parks and Recreation Human Services Coordinator Requested: $15,000 Recommended: $15,000 PURPOSE: To coordinate information and referral by human service agencies at the Norman Park Senior Center and facilitate the provision of social services. RATIONALE: About one-third of the Human Services Coordinator's time will be devoted to activities which assist human service agencies; this funding level will cover one-third of her salary. Castle Park B Committee Requested: $5,000 Recommended: $5,000 PURPOSE: The Castle Park B Committee is a group of volunteers that will deal with revitalization and beautification efforts in conjunction with the Neighborhood Revitalization Program (NRP) in the Castle Park B area of the City. RATIONALE: The Castle Park B Committee is an integral part of the Neighborhood Revitalization program (NRP). SD Regional Task Force on Homeless Requested: $2,500 Recommended: $1,000 PURPOSE: The Regional Task Force on Homeless builds regional cooperation among local governments and the private sector in addressing homelessness issues. RATIONAL: The task force provides the City with regional homeless reports and special studies which are regularly incorporated into local documents such as the Housing Element, CHAS and grant proposals for federal and state funding. Section 108 Loan/Loan Guarantee Program Requested: $30,000 Recommended: $30,000 PURPOSE: Funds will be used to hire consultant services to assist staff to prepare a HUD Section 108 application for economic development and to develop a related Chula Vista Business Development Loan/Loan Guarantee Program. RATIONAL: By hiring an experienced, knowledgeable consultant with the proper expertise in this specialized area, staff is hoping to save a substantial amount of time in submitting the application to HUD, receiving approval and putting together the above mentioned program. ;)~ - ~ Social Service Funrlin.. Requests Page 4, Item ~~ Meeting Date OS/24/94 The City received 30 requests from social service organizations, totaling over $550,000. 25 of these programs are recommended for funding for a total amount of $271,800. Staff recommendations for social service funding, along with the Commissions' recommendations, are summarized in Exhibit 2. Staff recommendations are as follows: PrOlrrom Access Center of San Diego ** Adult Protective Services (bus tokens) AIDS Foundation San Diego American Red Cross - Puppet Theater Boys and Girls (Targeted Outreach) Boys and Girls (Educ. Enhancement) Center for Women's Studies & Services Chula Vista Connection Chula Vista Police--PAL Chula Vista Police--Intervention Chula Vista Library--Literacy Team Episcopal Com. Svcs.(Outreach Health) Jobs for Youth Lutheran Social Services - Project Hand MAAC Project - Otay Partnership Program McAlister Institute - SB Options Salvation Army Senior Nutrition SD Home Loan Counseling Service SD Youth and Adult Coalition Senior Adult Services - Meals on Wheels YMCA Summer Day Camp YMCA Youth Action Program YMCA Sunshine Company Childcare SCCOA Shared Housing SBCS Casa Nuestra Youth Shelter SBCS Thursday's Meal SUHSD Gang Prevention/Intervention Woodlawn Park Community Center YMCA Family Stress Center YWCA Domestic Violence Program TOTAL Reauested $ 12,000 12,000 13,000 16,912 14,700 14,000 10,000 20,000 15,000 20,000 43,000 20,000 3,100 20,000 31,473 10,000 26,000 20,000 20,000 19,440 7,000 13,221 26,228 15,000 25,000 4,000 25,000 26,000 26,000 10.000 $550,000 Recommended $ 6,645 8,545 7,145 o 5,000 5,000 6,000 12,000 10,000 13,845 34,000 9,925 3,100 14,645 8,225 o o o o 8,500 5,645 10,000 13,645 13,645 15,000 4,000 12,000 19,645 19,645 MOO $271,800 **Staff explored option of the City making an in-kind donation of passes to APS for free bus rides to their facility in-lieu of using CDBG funds as in the past. Staff does not recommend this option for the following reasons: (1) By reducing the estimated fare revenue and based on an American Red Cross operating cost per hour next fiscal year of $25.71, this option could d.;\ -1./ Page 5, Item ~d- Meeting Date OS/24/94 provide a $12,000 shortfall which would mean a reduction in HandyTrans service of approximately 465 hours next fIscal year. (2) This option would further put HandyTrans behind its objective of working toward ADA compliance by 1997. (3) This option would establish a precedent that might encourage other individuals or agencies to submit similar requests. Staff arrived at these recommendations after completing an extensive evaluation process which included: (1) Review of the requests for funding; (2) Listening to presentations by new applicants at a Joint Commission Workshop; (3) Attendance at all meetings in which Commissions discussed the social service requests; and (4) Consideration of testimony at the public hearing on of May 10, 1994 and Council comments . Staff then rated the requests using the Proposal Evaluation Matrix and the December 1992 Chula Vista Human Services Needs Assessment. The priorities identifIed in the Needs Assessment were used as a basis for scoring the first criterion of the Matrix, "Enhancing the Quality of Life in the City." These priorities were social service providers with programs relating to Affordable Health Care, Drug and Alcohol Abuse, Domestic Violence and Child Abuse, Unemployment and Homelessness. The completed Proposal Evaluation Matrix is attached as Exhibit 2. Using the scores from the Matrix together with the recommendations from the four Commissions, staff determined funding levels for each program (see Exhibit 3). Recommendations on one of the funding requests deviated from the process described above. The Literacy Team is proposed for funding at $34,000 because of strong community support and the potential impact on the General Fund if not funded out of CDBG at this level. Caoital Imorovement Proiects Summary The recommended budget for capital improvement projects is $926,700. In addition, the City must make the fInal payment of the Section 108 loan for the Norman Park Senior Center Renovation ($259,500). Most of the following projects are funded on a multi-year basis. The amount requested may not actually represent the total amount needed by the project in its entirety. Staff recommends funding as follows: South Chula Vista Library Requested: $291,924 Recommended: $291,924 PURPOSE: FY 94/95 appropriations would provide for balance of equipment required by grantor. RATIONALE: Construction to be completed in December 1994. ~-s Page 6, Item d. d-... Meeting Date OS/24/94 Parkway Complex Renovation Requested: $100,000 Recommended: $100,000 PURPOSE: FY 94/95 appropriations for renovation of gym and pool areas. RATIONALE: Renovation will provide ADA compliance and reduce concerns raised by the County Health Department. ADA Modifications Requested: $207,405 Recommended: $100,000 PURPOSE: To provide for modification to City facilities as required by the Americans with Disabilities Act making them accessible to individuals with disabilities. This includes signage, doors, and public access routes and restrooms. RATIONALE: Staff views compliance with the ADA as a high priority. This project and the curb cuts will further the City's progress towards meeting ADA goals by July of 1995. Dtay Park Renovation Requested: $1,875,230 Recommended: $229,393 PURPOSE: To develop adjoining school grounds with the Chula Vista Elementary School District as an addition to the existing neighborhood park in Otay. FY 94/95 appropriations are for the construction of the first phase of improvements implementing the park's master plan. RATIONALE: This project contributes to the Neighborhood Revitalization Program efforts in the Otay Community and addresses the deficiency of parkland in southwest Chula Vista. ALTERNATIVE FUNDING: Funding options are being addressed in a separate supplemental CIP budget report. ADA Curb Cuts Requested: $50,000 Recommended: $50,000 PURPOSE: To provide for the construction of concrete wheelchair ramps at an estimated 47 locations throughout the City. RATIONALE: Please see rationale under ADA Modifications (above). d~-(." Page 7, Item d..d- Meeting Date OS/24/94 Eastern Aquatics Complex Requested: $50,000 Recommended: $50,000 PURPOSE: These funds will assist in the financing the construction of lap, instructional and therapy pools, as well as exercise rooms and training facilities. These facilities will be open to all Chula Vista residents. RATIONALE: The YMCA will provide classes and activities in the facilities at reduced or no cost to .seniors and lower-income residents. ALTERNATIVE FUNDING: Staff has explored alternative methods of providing a $200,000 contribution to this project. They are as follows: (1) Allocate $50,000 per year, for four years, from the City's annual CDBG entitlement. The total cost of this option is $200,000. (2) Make application for a HUD Section 108 loan for the full $200,000. This would allow the City to make the total funds available within the proposed fiscal year. The loan would be predicated on the City's commitment to repay it with future years' entitlements. Assuming a four year loan at 7.5% the annual commitment from the City's entitlement would be $58,029. The total cost of this option is $232,117. This option would free up $50,000 in FY 94/95 funds which could be used to fund CIP or Community Projects. (3) Allocate $50,000 from the FY 94/95 CDBG entitlement and apply for a $150,000 Section 108 loan. Assuming a 4 year loan at 7.5%, this option would provide an $8,029 interest savings over option #2. This option requires the lowest annual commitment ($43,522 versus option #1 at $58,029 and option #2 at $50,000) for FY 95/96 through FY 98/99. The total cost of this option is $224,088. Nature Center Road Surfacing Requested: $30,000 Recommended: $30,000 PURPOSE: Funds will be used for installation of AC pavement (no curbs or sidewalks) on Gunpowder Point Drive from Bay Blvd. to a point approximately 700 feet west of Bay Blvd. RATIONALE: The current road surface provides an uncomfortable ride for visitors and operation and maintenance costs are increased. The road also presents safety problems for staff, buses, volunteers and delivery services. ~;l.. - '1 Page 8, Item d,d- Meeting Date OS/24/94 Norman Park Senior Center Game Facility Requested: $18,750 Recommended: $18,750 PURPOSE: This funding will provide staff time reimbursements for the Master Planning of an improved and expanded shuffleboard court and game area which was originally built in 1962. RATIONALE: Renovation will meet ADA standards. Capital Improvement Program - Contingency and Cost Over-run Requested: $65,500 Recommended: $46,633 PURPOSE: Funds will be used to supplement existing and already funded CDBG eligible capital improvement projects. RATIONALE: Funds will be used on a "as needed" basis as a supplement to already allocated funds only. Teen Club Renovation Requested: $10,000 Recommended: $10,000 PURPOSE: Funds will be used to renovate a building to be used as a facility for the youth of the community. RATIONALE: A minimum of 51 % of the youths using this building for their activities will be low income. Communitv Proiects Sllmmllrv The six recommended Community Projects total $90,000 and include the following types of activities: (1) Neighborhood Revitalization; (2) Capital Improvements for non-profit facilities. Staff has determined that these proposals are eligible for CDBG funding, will primarily benefit low-income households, and are not subject to the 15% social services cap. Neighborhood Revitalization Chula Vista Building and Housing -- Community Appearance Program Requested: $15,000 Recommended: $15,000 PURPOSE: In cooperation with local neighborhood groups, the Building and Housing Dept. proposes to continue their neighborhood beautification campaigns. RATIONALE: Approximately 1000 households are expected to be served in FY 1994-95. ...J~-'B Page 9, Item .;ld-. Meeting Date OS/24/94 South Bay Community Services -- Graffiti Eradication Requested: $33,600 Recommended: $30,000 PURPOSE: South Bay Community Services (SBCS), in partnership with the Chula Vista Police Department will continue their community effort to eradicate graffiti painted on private businesses and residences. RATIONALE: Staff recommends reduced budget in order to provide adequate funding for other community projects. Lutheran Social Services - Home Repair for Seniors Requested: $24,533 Recommended: $22,000 PURPOSE: This project by Lutheran Social Services provides health and safety home repairs to seniors. Almost all labor is volunteer. RATIONALE: This program continues to meet the overwhelming demand from Chula Vista seniors for this type of assistance. The program has been of great assistance to City Housing Rehabilitation staff in response to requests from the public for small and/or emergency repairs. South Bay Community Services - Teen Center/Club Requested: $20,000 Recommended: $15,000 PURPOSE: Funds will be used to operate after school "entrepreneurial" activities at a Teen Center during the week and weekend activities such as dances on Friday and Saturday nights . RATIONALE: Staff recommends reduced budget in order to provide adequate funding for other community projects. Capital ImDrovements to Non-Profit Facilities Boys and Girls Club of Chula Vista - Volleyball Standards Requested: $5,500 Recommended: $3,000 PURPOSE: Funds will be used to install new volleyball standards in the gymnasium at their Oleander site. RATIONALE: Staff recommends reduced budget in order to provide adequate funding for other community projects. ;) ~-9 Page 10, Item .Q.~ Meeting Date OS/24/94 Chula Vista Fire Department - Fire Safety House Requested: $10,000 Recommended: $5,000 PURPOSE: Funds will be used for the construction of a fire safety house to be used to teach the public fire prevention skills. RATIONALE: The fire safety house will utilized at low income mobilehome parks and elementary schools. FISCAL IMPACT: The City will receive $1,812,000 in CDBG entitlement funds and $9,000 in unallocated FY 1993-94 funds making a total of $1,821,000. The 15 percent cap on social services funding will limit the social services allocation to a maximum of $271,800. In addition, the City is obligated to make a final payment to HUD for the Section 108 loan (Norman Park Center); the total payment for 1994-95 is $259,500. ~_JD Total City CIP Community Projects B&H Community Appearance Program SBCS Community Dev. Program SBCS Grafitti Eradication C.V. Elem. School Dist.- Playgrounds Lutheran Soc. Servo Home Repalr for Seniors Border Environmental Zone Coord. Boys & Girls Club VolleyBall Standards SBCS Teen Center/Club CV Fire Dept. - Fire Safety House Total Community Projects $165.660 * Planning/Admin cap = .20 x [entitlement + program income] ** Social Services cap = .15 x ientitlement + program income] (1994-95 represents 15% of Entitlement only) ***1994-95 is the last year of the 3-year loan repayment period COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET Total Revenues CDBG Entitlement Current Program Income Reallocation- unused from prior years Section 108 Loan- unused funds Estimated Program Income for 1993-94 Total Expenditures Staff Administration High Tech/Biotech Zone EIR Border Environmental Plan Fair Housing Program C.V. Human Services Council Parks&Rec Human Services Coordinator Otay Committee Castle Park B Committee SD Regional Task Force on Homeless HUD Section 108 Loan/Loan Guarantee Program Total Administration and Planning * Total Social Services ** City CIP Section 108 Loan Repayment *** Otay Neighborhood Rev. Program South Chula Vista Library- construction Parkway Complex Renovation ADA Modifications Otay Park Renovation ADA Curb Cuts Main Library- Reroof Main Library- HVAC Main Library- Parking Lot YMCA Acquatics Facillty Nature Interpretive Center Road Norman Park Center Game Facility CIP Program - Contingency & Cost Over-run Rhor Park Manor Renovation 1992-93 Final $1. 568.250 $1~380.000 ~181.000 $7.250 $1. 568.250 $165.000 $30.000 $20.000 $15.000 $5.000 $235.000 $227.790 $294.850 $332,500 $217,500 $50.000 $44.950 $939.800 $26.810 $48.000 $33.600 $50,000 1993-94 Final $2.306.672 $1~664.000 ~199.670 $268.288 $74.714 $100.000 $2.306.658 $150.000 $100.000 $50.000 $29.000 $24.000 $15.000 $5.000 $373.000 $255,000 $277.907 $268.800 $378.196 $182.655 $36.000 $137.800 $50.000 $120.700 $1. 452.058 $15.000 $48.000 $33.600 $60.000 $20.000 $50,000 $226.000 ~-II Exhibit 1 1994-95 Proposed $1.821.000 $1.812.000 $9.000 $1. 821. 000 $165.000 $0 $0 $33.000 $24.000 $15.000 $0 $5.000 $1. 000 $30.000 $273.000 $271.800 $259.500 $0 $291.924 $100.000 $100.000 $229.393 $50.000 $0 $0 $0 $50.000 $30.000 $18.750 $46.633 $10.000 $1.186.200 $15.000 $0 $30.000 $0 $22.000 $0 $3.000 $15.000 $5.000 $90.000 ~ en '" 8. '" <>: '" U ,.., ~ '" en :;] ,.., U o en 111 '" , ... '" '" '"' N U .... .0 .... .<: >< '" H~~~~~~~~~~~~~~N~~~OOO~~~~~~~ <MMMMM . . 'MMMMM 'MM' oMMM . . . . 'C'\lN ~ ~~~ M 00 ~~m~~ ~ MMM M MM NNNNN U~~~~~~~~~~~~~~~~~N~~~~~~~~~~N " > 0.... Uu U ., .... .... '" ~~~~~~~~~~..~~~~~~~~.~..~.~~MM ., ., .<:> 01" ......:1 :>: IUMMMMMMMMMMMM~MMM~MMMMMMMMMM~ ....1': ....., .,u en .... .... .... :> en ~~~~~~~~~~~~~~~~~~~W~~~~W~~~~ >.1': ....., "0. e >< ....'" E-< > ~m~~~~~~~~~~~~~~.~~mmmm~mm~mNm UU ~ ~ .... en .... 0. .s ~~~~~~~mmmm~~~~m~~mm~~~mmmmm~N U U . . . " . ~~ ~~~ ~ ~~ ..... Ill,", '<:Ill ,53 . Z o ,.., E-< :5 ~ ~ '" o '" '" " uu > I': en., uG, I': I': "Ill e:.: u III ., ., " ... III E-<U .,,,, " :> > ;H en '0 .... .... U '<:0 uen " is .<: ., .... III en >< ,.., ~ ., ... III U U .<:en u ......:1 III ." :>: '0 u '" Ul': 01 .-t QJ.c e en ~e u ~ ~ :I: '041 r-f ~ e .c u <u men tn 1Ql1J u .u 'Os d Q).-t 0 ~~ ro ~~ 00 QJIQ ~m'OXQJ ~ tnm QJ ~~QJ U HID m.cc QJ ~ OU~H O~U > m~ ~CIQ.c.coo k'OC.u ~lQm k .c tzJ:I:U~C04 11Ir-f1U0.::l .uJ..4aJ Ec/)k $.4t1]t: . ttI 0,0-4 ..-lO CCJ.c m QJ QJ 0 oc.uQJC~.c c.ce Ow ~ k~u Ul~ C/)OUkQumeouo'O >1.. tn C emu ~QJU ~km~ Val k_ QOJdJ QJee IU'n;jrnOCUQJu..u QJCQJ kmlJ U~QJ OJmQO.-t C~UOQJQJ ~uo~ 0....... tn> QJUk l'tIDJu <UC01 ed-..t~ '0>. .,<1-< u:>"', .,en...>. ....... Ill,..,U:> l1J;:Su k Cl> '"'0 .~ ftlt.'-.t:Cl>.s:::ftl U........."~ uu~ ftlCu >00100 l~ftlUCoo~~ C~ c~c~uoc ~ 'VI ~~~C ~HOftll " ., ~ftl HClllIloo> .Q.)>,(I)Ot::~lo.;QJ~O OOQftl~oo 1lI>'~ ~m U~oou<<l~~mm euUm "en... 0- :.:Ill....' .o>enu:>u.... I': .0' el': " (I) u~CO OU ~(I)~~ >UO~I~I~ ~QJUO HCm>G.lUfI.l c: .0>.....00 'H~ m ~ 'OO>~H UO., e - ':>u ....U eenu,>< "':Uu .,:>u m."~tio~>'C:ODiH,&.J .e fI.l tJtJIU o,IH'O UZ....~...IllOU.,.,U"UOUI':U :.:<:.:".,..,:",<'0 >.ro u ro'O~ Q,&.JQJ.....OU~HUI~tJ~~QtJ Cl) .....'Orofl.l~~fI.l,&.J>. CU~Cf} ~ Cl)>. ~ k ~m~~ ~c:mCl)O kUUCl)Cl)O~ .....'Ok~~>.~>.~Cl)~c: e~roe~C~Cl)C:UUk~C:ro<Cl)Oro..... .....OU ro.s:::c: rooue ):.cc:~"" ~ roo, Uk~.")..." "")..D"Uro ~~ O~ro~C:o~oo ~kekmo.;~eroe~.....ro ~U I Cl)~ OUOf/.lU Cl)VO~ ~<<l~ro o~oo~ ~Cf}m~u'OCf}U ~Cl)~mt::m~~U~~ ~wo.; Cf}~k U",UUI':OU . U:>>.u....1':<1 . >. 's ., ~~ffl~~~ffl(ja(j~~~3~~~~(jfflaffl~(jaen~~ u U ., 'n o ... '" "'''' "'''' ~~ ~~ 1':' o .... ., UU ........ t~ :> ., Zen "'01 01': "" ." 1':'" ., ., en" I': , :> t~ o 1':..:1 o .... ., u e III 0 >:>: .... Ill'" en en u I': ., e " " ., " .gj " '0 ., ., Z '"' .... U I': :> 8 " ., U .... ~ ., en I': III e :E (j N '" '" '"' I': 8. :> '0 ., " III .0 " ., ... o U " " ~ g, ., U III U " .... t: 111 '"' S >. .... 0. .... u .... :> :.: . ~ -/d-.. ~~~~ooooo~oo~o~~oooooo~~~ooo~~~o ~...00000.00NO.N000000...000..00 ~~~~ OOOO~OO~"~N ~O~~~OOO~~O~ t~~~ ~~~NM~O~M.~ ~O~MM.~N~~~~ . 000 000""M"00"0 0"0""0"""" ~ . 0000 0 0 00 0000 N .. M ...... .0 .~ .J:: X UJ ~oooooooooooooooooooooooooooooo ~OOO 000000000000 0 00000 000 ~OOO 00000000"000 N OO~OO 000 ~~O ~~~O~O~OMOO~ 0 ~~~.o ~O~ ~" ""N N N" "" N"N ." ~O..~OOOOOOOOOOOOOOOOOOO~OOOOOOO 0" OOOOOO~OOOOOO 0000"0000000 O~ OOOOOO~OO"OOO O~OO~OOOOOO~ ~. "ON~ON~ONM.O~ ~~O~.~.~ON~N ~ ~"" ""~"" "N " ""N ~ MOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ~ooo 0 000 000 0000000 000 000 0 000 "00 O~OOOOO 000 ~N~ 0 ~~O M.O O~~N~.~ N.~ " ""M""" """" NN 0000000000000000000000000000000 ZOOO 00000000000 00000000000 HOOC O~OOOOOO"OO OOOOOONOOOO ~~O. ~~~O~~~~"~O O"~~~.~~OO~ 0( ~ . ~~~ ~ ~~ ~~ ~~ ~~NN Vl c: o 0000 0 00 0 00 000 0 000000 0 000 0 000 000 0 O~OOOO 0 000 0 000 000 0 ........~.. tn 0.... .. ....0 ...... .. tnO......... .. ..~tn tn NO.. ~~"'OOO~O~"'~~M~OOOOO~O~~~O~ONNtn 00000~~0~~~~0~0000~~0000~0~000 .~ ...... '" "t:l c: QJ E E o u QJ cr. c: o OOONOOOOOOOOOOMOOOOO~O~OOOOOOO OOO~OOOOOOOOOO~OOOO"'NONOOOOOOO OOO~O~OOOOOO~O"'OOOO"'NONOOOOOOO NNM~~~OOOM~OMO~O~OO~M~~~~~~~~O ~~~~~~~NN"'~N0NM~NNN~~0N~0NNNN~ 000000~00000 00000000 00 00000 u u u U "tl'tl g g tl tl'O 'tl "tl g g tltl tl tl . IItl tl U Utl i~ S ~ ~ ~~ ~ ~ ~~ -=-=~ >~)., ~ ).,>oa!:>o ~ -=>. >0>> ~~~ ~ ~~ ~ ~~~~~ ~ ~~ ~~~ t~j~~~~~~jC~~~jlehtjC~~~~~tje~~jC~~ ~~ UUU~U~ U~U ~~ U~UUU~ UU ~~ ~~ ~~~8~8 ~S~ uS~ ~~~~~~ ~~ 88 .~ Vl Vl .~ ~ o U QJ U .~ e o ... ~ . a e ~ ~ ! u ~ ~ d ~ ~~ ~~ i " E U~ U tl ...~. e. . ~ c> 0104 c:a:: cu C u" . "'. ~ oe . . e IW _c. 104~ lo4~tI_e tl~ tl~ e C ~ fU tlUU~~ 104 ~tl <<ltlO l1li;0. ~ uc lO 1ll~104C. u~ tl:s~ .e~ IW ~e>' tl (J~~u .. "'f~ "'e~...; '= ~ l!k~u~ ~.e~<<lC ~ 0 ~~UU~ClllU 104 E 10 ~tlje ~~~~~ ;fi lO ~C&t~8;~ e ~ .e~ ~~ u. ..;~....."./;jB"..... se 2'''' ~...~. ~"uu~.=:~~.e~!l .~B~~_tc.~ ~g~ 109 .g ~~j.~ ......~~...Ill~~...~.......u.....o ~. "'uc 104l!:. ~~~l U 40111 104 a . Ctl ~.w~~ ...~ ~.~C"II "tlo( ootHtltlCU '~Xllulo4 0 .~ ~ ~IW oll~a C ~104~>.eO 8<<1 WClOtl~ 401 C. Olll ootUU=~lO .ouc....a:....>0 :S.uuc._> .. ~ c ~ u.. ~ ",.= E '* i 10 C U <<l 0.... t ;! ~>o.~~~u.~~ tilOu8~ ~~g~08=~i~f~~ lI~xU~~~~'<<l8:ki~ ot _.ew~~i ~~~ ~ tl 'UOI'MUtl~~k 'M).,tl..... "'UI1~kk.bli"'! a 011<,,21042>04012"'''' 2111"tlCC IIgI!;3.2~"c oot o~~~/;j~..~~oga....g~~~~~..~",,,,tl~~ 6 . ~ -6 S ~ ... " . ~ ~ II) ~ "'~ 8" tl ~ . a " ~~.. ~~eo.... " .. ".104........ entla Q. 11. ...>u .e ~~ ~~ ~~k ~ 8 .8 u ~ J ~ ~ en:: ~ t ~ ~ II ~ ~ ~.... UIW~Cc. > 0 o~ tl> uee ->0 ouo~ ~ ~ ....8. C~~~~~~ I-l~ IW ~~C~ >0 cq ... tlS"'SO).,).,OIu ts ~~IW.O~_tltllll ~ 2 Z :~~ u ~..,u~~.. ~.o~~UC5~e ~j ~ B ~at ~ "'~a"'i~j8~e~ ~~~QO~B82~i s3 ~~8~~~~~ ~.w~~ tlUU"tlllk:i .tl 8~6Ja.!(e'Bu~~"" dk ~~)~~~~Io4~~~C ~~~H S~S~~=>OO k:~ij ~2 ~ ~~~Ut~ke'Metg ~~~~~~u~~~~~~ Oc. ;c~ >>~""~OlO ~~tu >0>.)., ~~lll~~~ =~ ~~lIt~~O~ulWt~~~~,g~~~: .e~~~ ...."'"~~~......~~..~u~."'..~ ~~.~l:5l:5 ~~~i~2Sfifi~ei~3i~i~~:~a~g~a!i~~ N~~"'~~~~~~~~=~~~~~~~~~~~~~~~~~ d,s-L3 > S- QJ Vl ~ '" .~ U o Vl '" '" I ... '" '" ..... Exhibit 4 1993-94 to 1995-96 COMMUNITY DEVELOPMENT PLAN . The City of Chula Vista will utilize Community Development Block Grant (CDBG) funds primarily to benefit low and moderate income persons based on the needs, goals, and objectives established in this Community Development Plan. A minimum of 70 % of the funding will be utilized for this purpose. .c NEEDS: The City has identified the following Community Development needs: 1. To revitalize and improve deteriorating neighborhoods. 2. To provide adequate public facilities throughout the community. 3. To expand economic opportunities. 4. To preserve, improve, and increase the supply of affordable housing. 5. To enhance the provision of human services. GOALS: The City shall: 1. Plan, design, and construct capital improvements in deteriorating neighborhoods. 2. Construct public facilities, such as parks, libraries, and community centers in neighborhoods deficient in such facilities. 3. Assist in the provision of human services to senior citizens, youth, and families in need. 4. Promote decent and affordable housing for all residents and prevent housing discrimination. OBJECTIVES 1. Provide assistance to organizations serving the varied needs of senior citizens, including housing, nutrition, health, transportation, and related services. 2. Provide assistance to organizations which provide counseling and support to adults recovering from substance abuse or involved in domestic violence. 3. Provide assistance to organizations serving the varied needs of youth and their families, including prevention and counseling programs for substance abuse, child abuse, and juvenile delinquency. 4. Provide assistance to organizations which provide basic needs assistance and/or assist people who are homeless, unemployed, or disabled to become self-sufficient. 5. Provide assistance to organizations which promote adult literacy. 6. Construct public improvements to alleviate public hazards and revitalize deteriorating neighborhoods, including street, drainage, and lighting improvements. 7. Construct public improvements to enhance the quality of life for residents, including parks, community centers, libraries, and other public facilities. 8. Promote small businesses and the creation of jobs through planning studies, infrastructure improvements, technical assistance, and fmancial programs. 9. Provide assistance to neighborhood and community based organizations to initiate neighborhood revitalization, economic development, and affordable housing programs. 10. Furnish fair housing information, counseling, testing and mediation services dd.-/lf RESOLUTION h 5 O~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 1994-95 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET AND AUTHORIZING SUBMITTAL OF THE CDBG APPLICATION, FINAL STATEMENT, AND CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City of Chula Vista will receive a 1994-95 Community Development block Grant entitlement of $1,812,000; and, WHEREAS, the City of Chula Vista has $9,000 of prior year unbailable CDBG funds available; and, WHEREAS, the City has followed its Citizen Participation Plan and held a public hearing on housing and community development needs on May 10, 1994; and, WHEREAS, the City has prepared the 1993-96 Community Development Plan and has determined that all of the proposed activities are consistent with said Plan and meet the CDBG national objectives to benefit primarily low-income households or aid in the prevention of slums and blight; and, WHEREAS, the City has determined that it is necessary and appropriate to fund special activities by certain subrecipients to implement neighborhood revitalization and community economic development projects in order to meet the goals and objectives of the Community Development Plan; and, WHEREAS, the City has prepared the 1994-95 Community Development Block Grant Final Statement and associated documents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and approve the proposed 1994-95 Community Development Block Grant program and CDBG budget, a copy of which is attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista approves the 1 993-96 Community Development Plan, a copy of which is attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the Community Development Director is authorized to transmit the CDBG Application, Final Statement, and Certifications to the U.S. Department of Housing and Urban Development (HUD). - ,,).~ -J~ Resolution Page 2 BE IT FURTHER RESOLVED. that the Community Development Director is authorized to transmit the CDBG application. Final Statement. and Certifications to the U.S. Department of Housing and Urban Development (HUD). [C:IWP51ICOUNCILIRESOSICDBG-94.RESJ [BMIDI SKI 1 ICDBG-94.RESJ Bruce M. Boogaard City Attorney PRESENTED BY: ~l~'-~ Chris alomone Community Development Director ~-/~ SIp/,I..," W. ProulI", CEO "ltrlnr.l,yC"h.,irntitll Wp~rf'''l ri,l.lndal 5avj'IR~ R..lllk Karen Vaughan Chairprrsof1 Wf"'fprIl Fin;mci.,I 5avinR~ Billlk Vince "asperiele Prf"~iclpn( Tla~dljp FPt/pral 5avjnR~ Balik Arthur Scholl Vir.. P,pd,/f"lIf r;I"IIfI,I/" ',.d",,;IIlJ;lIIk "a'idaPf-,lcin"i Wflf";ltY"I',1'"I1" f 1,,;,," ",,,,1< Mary M. O'ero fltpculivp l)irf'clor Mem'Jer Assod..';om: Amrrkim SavinR( Rank Ralhoi! ,1I,ilt A I.fl.'" Balik of Amprkit Calilornia F"dr/al Rank IJflwnpy Savin~( fir<l fidf>lily Jlltift & loall flaf(~h;fl rrdf"ra/Sav;"Il'( Ba"k (;1,.,,1/.,1(' rr,/roral R.",I< Gr("af Wf>\(,.,,, Balik Cronmonl Bank HOn1f' Savings of America ImlppptKlpfJcP One Monga1l'P In,prna';o"al Saviull'( Bank 1.... Jolla Bank North A"",,,kan Mort1{rtRP North CoUtlty Bank SPar.\ Saving\ SOlnhPrn California Savillg\ res MOr1gaRP T/lf" BanI< of California Union Bank Valle de Om Rallk Wells Fargo Balik WeslPrIl Tin<lndal Savings Bank World SavinRs Char1er Me",I",... [UH.11I Hral,y Nf'illhborhfH'lCI I louse ASUH ;nt;"" San lJiPlfo Urban (paRtir ,""",nci.I Supporter.; Palron: S,I), IlntKinR Co",rn;sdflll BenE'fac(O( : f anlJ;f" Mat' Spomor: M.GI.C. ITE:M #: 22. mIll' jitllll )Dh'!\ll ~lll11l' ]tillllll QJllIl1l6l'IiIl~_~.l'r\1in' ; i"J ' I: , I" ,if' :1 I:..., MAY 2 ~ 1.._-, May 12, . ~.. ..... ~~i, , c;.:J:J.... ., -l.;. .<~: (;.i.~:~~Jii.; 1994 '. Mayor Jim Nader City of Chula Vista Public services Building 276 4th Avenue chula ylsta, CA 9194~ Dear Mr, Chairman and Council Members; My name I s Director of ( SDHLCS) . and I am the Ass I stant Loan Counse I 1 ng Serv Ice Kathy Flores-Ortiz the San Dlego Home I was prese~t at the public hearing held on May ii, 1994, for the Communi ty Development Block Grant Program. Due to the lateness of the hearing I had to leave. Therefore I am submitting a written statement to support the funds we are requesting in lieu of the verbal presentation I would have provided that evening. Prior to continuing I 'would like to take the time to acknowledge the concerns and statements made that evening by Councilwoman Shirley Horton and yourself, in reference to services for women and children. I am a single working parent ~ith four boys, three of which are teenagers and I have struggled wi th many of these same issues. In regards to our organization, we are a non-profit agency that was formed In 1977 out of the community Reinvestment Act. It mandates that lending institutions meet the credit needs of everyone in the community. Our services are free and we service all of San Diego county. Last year we assisted 3,311l1ll clients, 15.. were residents of Chula Vista and 811l.. were low-income. Our serv ice I s un ique and an important one because we encourage and prepare the low-income person/family to become homeowners. These are people that never had hopes of buying a home because they did not have the knowledge necessary to create that incentive. Many of these people generation after generation have been renters and through our program we have broken that cycle. Now many can set an examp I e for the i r chi I dren and can use the future equlty In thelr properties to assist their children. 3930 Ulah Street . Suite J . SlIn Diego, CA 92104 . (619) 294-2330 02.;2 -- / r; In addition many low-Income people/families buy In their same neighborhoods, therefore this Investment Is revitalizing and stabilizing their community. For this and many more reasons I feel that the services we prov I de requesting for funds. are lIi1portant Is $20,000.013. Slncereley, 6:'~,~~ cc: Benjamin Martinez and the funding we are please consider our request 2:2-/7 1994-95 APPROVED BUDGET TOTAL REVENUES CDBG Entitlement Unallocated funds from 1993-94 TOTAL EXPENDITURES ADMINISTRATION & PLANNING Staff Administration Fair Housing Program C.V. Human Services Council Parks&Rec Human Services Coordinator Castle Park B Committee SD Regional Task Force on Homeless HUD Section 108 Loan/Loan Guarantee prog TOTAL ADMINISTRATION & PLANNING TOTAL SOCIAL SERVICES CITY CIP Section 108 Loan Repayment South Chula Vista Library Parkway Complex Renovation ADA Modifications Otay Park Renovation ADA Curb Cuts Eastern Aquatics Complex Nature Center Road Resurfacing Norman Park Center Game Facility CIP Program-Contingency & Cost Over-run Teen Club Renovation TOTAL CITY CIP COMMUNITY PROJECTS B&H Community Appearance Program SBCS Grafitti Eradication LS5 Home Repair for Seniors Boys & Girls Club VolleyBall Standards SBCS Teen Center/Club CV Fire Dept. - Fire Safety House TOTAL COMMUNITY PROJECTS ~ $1,821,000 $1,812,000 $9,000 $1,821,000 $165,000 $33,000 $24,000 $15,000 $5,000 $1,000 $30,000 $273,000 $271,800 $259,500 $291,924 $100,000 $100,000 $250,000 $50,000 $50,000 $30,000 $18,750 $18,526 $10,000 $1,178,700 $15,000 $30,000 $22,000 $5,500 $15,000 S10,000 $97,500 ;22 --/7 COUNCIL AGENDA STATEMENT Itemd3 Meeting Date 5/24/94 ITEM TITLE: Resolution I "l '5".3 Accepting bids and awarding contract for "The Construction of Main Library Re-roofmg Project in the City of Chula Vista, CA (LB-130) ^^IA / Director of Public wor~ ~rrv City ManagerJ~ ~@) (4/5ths Vote: Yes_No..xJ SUBMITTED BY: REVIEWED BY: At 2:00 p.m. on April 6, 1994, the Director of Public Works received sealed bids for "The construction of the Main Library Re-roofing Project in the City of Chula Vista, CA (LB-130)". The work to be done consists of removal of the existing roofmg and insulation, construction of new roofmg system and disposal of existing built-up roofing. RECOMMENDATION: That Council adopt the resolution: 1. Rejecting the bids of J.P. Witherow Roofmg Co. and Adams Builders, Inc. as non-responsive to the bid specifications, and 2. Accepting the remaining bids and award contract to the lowest responsive bidder, Nelson Roofmg, Inc. in the amount of $72,507.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The flat roof for the City's main library, constructed in 1975, has reached its life expectancy and at present is experiencing frequent leakages which require extensive maintenance. Funds for the replacement of the main library roof were included in the 1993-94 CIP budget (LB-130). Bid Results This project was advertised for a period of one month beginning March 5, 1994. During that period, plans were purchased by several contractors and on the bid opening date, bids were submitted by ten contractors. The bids received are as follows: Contractor 1. J.P. Witherow Roofing Co. - San Diego 2. Adams Builders, Inc. - Chula Vista 3. Nelson Roofmg, Inc. - Escondido 4. Stricker Roofing - Escondido 5. Bryant Universal - EI Cajon 6. Roejack Roofing - San Diego 7. Frank Checorski roofmg - Huntington Beach 8. La Quinta, Inc. - San Diego 9. Commercial & Ind. Roofmg - Spring Valley 10. Lakeside Roofing - Lakeside Bid Amount $62,990.00 72,317.00 72,507.00 72,676.00 76,403.59 82,800.00 85,700 .50 86,115.00 99,783.00 100,333.00 ~~ -I Page 2, Item d3 Meeting Date 5/24/94 Staff has conducted an itemized bid comparison to assess compliance with the project specifications, (see attached Exhibits A and B, detailing this comparison). In summary, staff has determined that the two lowest bidders submitted bids based on materials and construction methods which substantially differ from the specifications. Since their bids differ from the specifications and they did not meet Disadvantage Business Enterprises (DBE) requirements, we recommend that these two bids be disqualified. Attached as Exhibit A is a summary sheet showing a comparison of the top three bids. Also, attached as Exhibit B is an interpretation of the specification requirements. (Samples of the proposed system by the top three bidders are available for Council viewing). The third lowest bid was submitted by Nelson Roofmg, Inc. lt is below the engineer's estimate of $75,000 by $2,493 or by 3.3%. Staff also performed a background check and experience evaluation and determined that Nelson Roofmg, Inc. has the resources to complete the project on schedule and within budget. We have reviewed the bid and recommend awarding the contract to Nelson Roofmg, Inc. Attached is a copy of the Contractor's Disclosure Statement. Environmental Status The City's Environmental Review Coordinator has determined that this project is categorically exempt under Class I, Section 15301(c) "Minor Alteration of Existing Facilities" of the California Environmental Quality Act. FINANCIAL STATEMENT: Funds Required for Construction 1. Contract Amount 2. Contingencies (10%) 3. Inspection Staff TOTAL FUNDS REQUIRED FOR CONSTRUCTION $72,507.00 7,250.00 7,250.00 $87,007.00 Funds A vallable for Construction 1. CDBG LB-130 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $87,007.00 $87,007.00 The source of funding for this project is CDBG fum!s (see Exhibit C). Prevailing wage scales as determined by the Federal Department of Labor are applicable to the work to be done. The bid documents for this project, per Federal regulations, require the Contractor to offer sufficient portion of the work to Disadvantage Business Enterprises (DBE) which include both minority and woman owned business enterprises. Chula Vista has set a goal of 16% of the work for DBE participation in all contracts using CDBG funds. Juan Arroyo, Community Development Department HUD Coordinator, has reviewed the top three bidders efforts to meet the City's DBE participation requirements. His conclusion is that they all did not meet the numerical requirement for participation. The top two bidders did not provide any certified documentation of their efforts and did not commit any portion of the contract to a certified DBE. However, Nelson Roofmg, Inc. has clearly made good faith efforts to comply with the participation goals by providing certified documentation and by committing a percentage of the contract to "RunningWolf Construction", a Certified Minority Contractor. Therefore, Nelson Roofmg, Inc. has satisfied the DBE participation requirements and has complied with the City of Chula Vista goals. ~3.-d- Page 3, Item ~ Meeting Date 5/24/94 FISCAL IMPACT: The proposed action will authorize the expenditure of $87,007 from the CIP project LB-130 for the purposes of executing the contract and covering related staff costs. The specified roofmg system is under 15 years warranty and no maintenance is expected during the warranty period. SA:JP-072 Attachments: Exhibit A - Bid Comparison & Specification Compliance Exhibit B - Detailed Specification NOT SCANNED Exhibit C - Detailed CIP sheet Contractor's Disclosure Statement NOT SCANNED WPC M:\homc\engineer\agenda\1906.94 ~3.-3/~3-7 ! a a I: .. r.: a a ; .. r.: 1 a a ! L I: .. iI r.: III a a ; .. ..J Ii: r.: E " III III c:I ~ C a 0 ~ ~ ~ ~ ~ ~ Q "~ :IE ~i. ! ,..: ,..: iii ~ ~ ~ c S! ~8 I~~ I: ;; ;; ;; .. ~a: ~~ r.: jA. ..... :I~ Ii a 0 ~ ~ ~ ~ ~ ~ ow ,..: ,..: iii ~ ~ ~ ~; ...:!S~'" S! ;; ;; ;; t!a::)~ 5~ l'!"'U i::l 8::'" ! ci!< ..J ~ a 0 ~ ~ ~ ~ A. ~cl ,..: ~ iii ~ ~ ~g ;; !l ~ ;!: 0 f2 I- 1, c:I z ~5= ~ r~ ~ ii: iii:!) ~Is ~ i ~ 'l! j :~ i m '" ... c Bl i i lil ~ I J ::l ... ~ J ~ f a ': i ~ ... ~ III i". i c l6 ...~~ 'I -' ~ ! .. 01: - - :> u \ \ I EXHIBIT lie" "! c . u . -= II) ::l e . E ::l Z 1i :I ; 1 ~' .. ! Ii .~ . ~~ J!. ]j lilli !-c '0 :I~ i J< t: E l~, i ~l ~ "l! ~'= '0 .. .;g ~ 1 17; 0 "a ~ ....."0 co !. .q ] ~~ i~ '" ~I!! 13 ... ~~ ii ~ :alil 8" l! ! p. :I.~ 'j! ~ o.~ · E a; l~ I] 1 ~ i! ~i I ~ .... ii I' !~ 1;;. - :a .sa'" :I U' ii ) ~3- !/J3-~O "0. ::l "" '5 .D " . -= :; .... ! t I i I . i . . THE CITY OF CHULA VlSl'A DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests. payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Connuission, and all other official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. NONE 2. If any person. identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. ~TON": 3. If any person. identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. NONE 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Connuissions, Committees, and Council within the past twelve months? Yes_ No~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. NONE 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to current or preceding election period? Ycs_ No...x If yes, state which Council r(s): il member in the . . · (NOTE: Attach additional pqes as Date: 4-5-94 . P,non Is dejlMd a.s: -Any btdMtbIal. jf,,", co-pa1fIIenhip. joint venIUrt. tWodadOll. IOcial chIb. .fraternal organization, corportJlion. 'stale, trust. receiver, syru!iCtJl" /his and any _ COlUlIy. dry and COU1I/r)1. dry IlUlllidptJliry, district. 0' _ ptJIiUctJl subdi..../.... 0' any olll" grmq> 0' comb/_on acting as a llllit.- d. ~ -q S~~ of contractor/applicant RONALD CHAM'3ERS NRLSON ROOFING INC. Print or type name of contractor/applicant RESOLUTION NO. nc;D3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING CONTRACT FOR "THE CONSTRUCTION OF MAIN LIBRARY RE-ROOFING PROJECT IN THE CITY OF CHULA VISTA, CA (LB-130)" WHEREAS, at 2:00 p.m. on April 6, 1994 in Conference Room 2 in the Public Services Building, the Director of Public Works received the following sealed bids for "The construction of the Main Library re-roofing project in the City of Chula Vista, CA (LB- 130)": Contractor lU4Aroooot l. J.P.Witherow Roofing Co. - San Diego $62,990.00 2. Adams Builders, Inc. - Chula Vista 72,317.00 3. Nelson Roofing, Inc. - Escondido 72,507.00 4. Stricker Roofing - Escondido 72,676.00 5. Bryant Universal - EI Cajon 76,403.59 6. Roejack Roofing - San Diego 82,800.00 7. Frank Checorski roofing - Huntington Beach 85,700.50 8. La Quinta, Inc. - San Diego 86,115.00 9. Commercial & Ind. roofing - Spring Valley 99,783.00 10. Lakeside Roofing - Lakeside 100,333.00 WHEREAS, staff has conducted an itemized bid comparison to assess compliance with the project specifications and has determined that the two lowest bidders submitted bids based on materials and construction methods which substantially differ from the specifications and it is recommended that these two bids be disqualified; and WHEREAS, the third lowest bid by Nelson Roofing, Inc. is below the engineer's estimate by $2,493 or by 3.3%; and WHEREAS, staff has conducted a background check and experience evaluation and determined that Nelson Roofing, Inc. has the resources to complete the project on schedule and within budget and has reviewed the bid and recommends awarding the contract to Nelson Roofing, Inc.; and WHEREAS, the City's Environmental Review Coordinator has determined that this project is categorically exempt under Class 1, 1 .;;) "? ~ I I section 15301(c) "Minor Alteration of Existing Facilities" of the California Environmental Quality Act. WHEREAS, the source of funding for this project is CDBG funds with prevailing wage scales as those determined by the Federal Department of Labor are applicable to the work to be done; and WHEREAS, the bid documents for this project, per Federal regulations, require the Contractor to offer sufficient portion of the work to Disadvantage Business Enterprises (DBE) which include both minority and woman owned business enterprises and Nelson Roofing, Inc. has clearly made good faith efforts to comply with the participation goals and therefore has satisfied the DBE participation requirements and has complied with the City of Chula vista goals. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. That the City Council concurs in the determination that this project is categorically exempt under Class 1, Section 15301(c) "Minor Alteration of Existing Facilities" of the California Environmental Quality Act, and directs the Environmental Review Coordinator to file, or ratifies the filing of, a notice of exemption for this project. Section 2. That the Council does hereby reject the bids of J.P.Witherow Roofing Co. of San Diego for $62,990.00, and Adams Builders, Inc. of Chula Vista for 72,317.00 as non-responsive to the bid specifications for the reasons shown on Exhibit A to the Council Agenda Report submitted on this item at the Council meeting of May 24, 1994, and on the basis of such evidence as was presented at the meeting or meetings at which this item was considered. Section 3. That the City Council does hereby accept the bid of Nelson ROOfing, Inc. as responsive. Section 4. The City Council finds that Nelson Roofing, Inc. has clearly made good faith effort to comply with the DBE participation goals required by Federal regulations for projects using CDBG Funds, and has therefore satisfied the DBE participation requirements and has complied with the City of Chula vista goals. Section 5. The city Council awards the contract for "The construction of the Main Library re-roofing project in the City of Chula Vista, CA (LB-130)" to Nelson Roofing, Inc. in the amount of $72,507.00, the lowest responsible bidder which submitted a responsive bid to the approved specifications. 2 ~-;..I~ section 6. The Mayor of the City of Chula vista is hereby authorized and directed to execute said contract and on behalf of the City of Chula vista. Presented by John P. Lippitt Director of Public Works U:\Ho.e\Attorney\May17\Roof.Bid 3 ~~...13 ruce M. Boogaard City Attorney EXIllBIT A BID COMPARISON AND SPECIFICATION COMPLIANCE UBRARY RE-ROOF PROJECT I 2 3 Specification Requirements Item Witherow Adams Nelson Asbestos Removal Certified 1 Yes* Yes* Yes* (Contractor or subs) 15 year ALL product warranty 2 Limited Limited Yes* ULlClass A total assembly fire rating 3 No Yes* Yes* Factory Mutual I 90 assembly Wind 4 No No Yes* Lift Rating 4 PLY SYSTEM/Cold Process 5 Yes* no (3 ply)' Yes* Total roof thickness mils 6 380 < 370 est. 420* Lbs. Of waterproofing/square (not 7 182 Unknown 216* including gravel) System tensile strength Ib ftlin 8 207 No submittal 312* Roofer submitted references for Cold 9 Yes* No Yes* Process roof application (over 5 years (I imited) experience) Gravel surfacing 400 (#/sq.) 10 Yes* No Yes* Lead caps/sleeves 11 Yes* Yes* Yes* Flash. membrane tensile strength 12 90 ft.llbs. 106/ftlIbs 230 ftllbs * Water based/Low odor I3 Yes* No Yes* environmentally safe primers Reference checks (similar roofs) 14 Average N/A Outstanding Satisfied DBE Requirements 15 No No Yes* 1 Not a true cold process *per bid specifications F:\HOMB\BNOINEBR\DESION\ExhibitA.SA ~~..H EXHIBIT B Item 3 U.L 790 Oass A Fire Rating - u.L. Class A fire rated roof coverings are effective against severe fire exposures. Under such exposures roof coverings of this class are not readily flammable and do not readily carry or communicate fire; afford a moderate degree of fire protection to the roof deck; do not slip from position; possess no flying brand hazard; and do not require frequent repairs in order to maintain their fire resisting properties. A Class B or Class C rated roof are effective only against moderate and light fire exposure respectively. Undernriters LaOOratories (V.L.) was founded in 1894 as a non-profit independent organization testing for public safety. It maintains and operates laboratories for the examination and testing of devices, systems and materials to determine their relation to life, fire, casualty hazards, and crime prevention. As a result, u.L. is the universally recognized industry standard for fire resistance of roof systems. As a non-profit testing organization, there is no potential conflict of interest between the manufacturer and the testing agency. Most other testing agencies (including Wamok Hersey) are for profit testing agencies. Another Illi!ior difference between u.L. and other testing agencies is the follow-up service. All products submitted to u.L. which are found to comply with the applicable requirements for the category, are classified or listed under their follow-up inspection service. It is this inspection service which determines the continued eligibility of a manufacturer to apply the u.L. mark to his product that makes u.L. distinct and different from most other testing laboratories. u.L.'s field representatives make unannounced visits to manufacturer's plants to determine that the products to which the u.L. mark is being applied comply with the specifications established on the product initially tested where it be four months, six or ten years ago. u.L.'s follow-up inspection program is unique the world over, with its comprehensiveness and the high frequency of product inspections. In areas of roof covering, u.L. may have at least a weekly, monthly or quarterly inspection schedule, where other inspection agencies have no follow-up service or at best an announced annual inspection. Whenever a product formulation is changed, and this is very common in the roofing industry due to V.O.C. and Air Quality Management Districts, the new product must pass a new test to carry a u.L. Class A rating, other agencies without the follow-up service will classifY a roof system as Class A even though changes may have been made to the products and the new system has never formally been tested. Due to the follow up service, a u.L. Rating is more difficult and more expensive to obtain than a rating from another testing laboratory. Item 4 WPC M\home\engin:er\l934.94 .;13 -~ Page 1 FM 4470 Oass 1-90 Rating, Significance - Factory Mutual is a rrugor insurance carrier for numerous corporations and public entities throughout North America. As part of their loss prevention program they have developed industry standards for commercial and institutional roof coverings. Their standards relate to the fire resistance and wind uplift protection as well as track record (actual perfonnance) of a specific roof system. A Class 1-90 means a roof system carries a Class A fire rating from external fire resistance as well as wind uplift protection of a minimum of 90 Ibs.-square foot uplift. Although this rating is not required for agencies not insured by Factory Mutual, they are still important guidelines to consider when specifYing roof systems. A Factory Mutual wind approved system will have passed EM's stringent fire and wind uplift tests as well as having a proven track record of satisfactory performance in the field. Item 7 lhs. of wafelJllOOfing per square - The Ibs. of waterproofing are derived from adding the total weight of the felts plus the weight of cold adhesive (specified at 14 gallons per square) times the non-volatile content of the adhesive. The numbers were calculated as follows: Nelson- Base sheet - 31100. (1 ply) 31100. Ply sheets - 33 100. (x 3 plies) 99100. Adhesive (14 gallons x 8.2 100./ gal) 86.1 0 Ibs. = 114.80 100. x non-volatile matter of adhesive (75%) TOTAL 216.10 IOO./sq. Note: The initial weight of the adhesive is multiplied by the percent of the non-volatile matter because this is what will be left in the roofing system after the volatiles (solvents) have completely flashed off Witherow - Base sheet - 36 100. (1 ply) 36100. Ply sheets - 22.33 100. (x 3 plies) 67100. Adhesive (14 gallons x 8.11OO./gal) 79.38 100. = 114.80 100. x non-volatile matter of adhesive (75%) TOTAL 182.38 IOO./sq. Each product requirement is listed under the system performance requirements in the specification. What these numbers reflect is what happens to the entire system when different components are utilized other than those specified. Because of the lower weight ply sheets and the adhesive with a lower non-volatile content, the system proposed by Witherow provides 16% less waterproofing than that of the specified system. Item 12 WPC M\home\engineeI\l934.94 ~:s-ll- Page 2 Tensile S1rengdI - The specifications required 33 lb. interplay felts and 22.33 lb. felts were submitted. The tensile strength numbers are designed to show the effect this substitution has on the tensile strength of the roof system. J.P. Witherow included the 3-ply tensile strength of their proposed system with their submittals (207 lbf/in). For comparison purposes, the tensile strength of 3 plies of 33 lbs. felts submitted by Nelson roofing is (312 lbf/in). The actua1 tensile strength of the specified system (4 plies with composite base) is (465 lbf/in. machine direction, 4111bf/in. cross section direction. These numbers were not utilized because no tensile strengths of the total system was provided by Witherow, so a comparison of the 3 plies (minus the base sheet) was done. WPC M'hom:\engineer\1934.94 Q. -a."'o Page 3 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item~ Meeting Date 5/24/94 Resolution \""1 CS 0 It Approving the Engineer's report for the FY 1994/95 spread of assessments (Zones E) for Eastlake Maintenance District No. I, 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 Director of Public W~~s. iff' City Manage~ ~~ (4/5ths Vote: Yes_No.1O ITEM TITLE: REVIEWED BY: On June I, 1993, the City Council considered establishing Zone E within Eastlake Maintenance District No. 1 (ELMD1) to provide for the maintenance of Telegraph Canyon channel. At the meeting, Council directed staff to analyze alternatives in response to concerns of assessing properties for new improvements and return to Council. Staff has prepared five alternatives for Council's consideration. RECOMMENDATION: That Council approve the resolution to: 1. Approve Alternative 1 assessing all properties tributary to Telegraph Canyon Channel within Eastlake Greens and Eastlake I Business Center. 2. Direct the City Clerk to publish the Resolution of Intention pursuant to Government Code 6063; 3. Set the dates of the public hearings for July 12 and 19, 1994 at 6:00 p.m. 4. Direct staff to work with Eastlake to amend the existing agreement and bring back a revised agreement for approval. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In the report considered by Council on June 1, 1993 staff recommended inclusion of a zone (Zone E) within ELMD 1 for assessing properties for maintenance of a new improvement in Telegraph Canyon channel. This issue was presented in conjunction with last year's open space proceedings. At that meeting, Council expressed concern over assessing properties for new improvements if residents had already purchased their homes and assessing the Business Center. Council directed staff to bring back alternatives in response to this concern. Council further directed staff to review the agreement with Eastlake Development Company (EDC) regarding the posting of security and the City's obligation to consider establishing an open space district, or zone(s), for the purpose of maintaining the channel. The following report outlines the EDC/City agreement, the boundary of Zone E, maintenance costs, methodology, alternatives, and notice requirements.e .)~ -I Page 2, Item J. Y Meeting Date 5/24/94 Al!reement Pursuant to the agreement between EDC and the City, dated August 2, 1988 and approved by Resolution 13716, the City shall use its best efforts to establish a maintenance district for the channel. At the June 1993 meeting, Council was concerned that EDC had not fulfilled its obligations under the agreement which requires EDC to post a letter of credit in the amount of $500,000 as "insurance" that there would be adequate funds to maintain the channel in perpetuity. The purpose of the $500,000 obligation under the agreement was to ensure maintenance if the district(s) were not formed, particularly those areas located in the County such as Otay Ranch. Staff felt it was inappropriate to charge all maintenance of the channel to Eastlake Business Center and the Greens. At present, under the agreement, EDC is obligated to deposit $140,000 principal, whose interest is to provide for the channel maintenance associated with Phase 1. This has not been done yet as EDC would like the City to consider amendments to the agreement, at or prior to the hearings, in response to changes which have occurred since 1988. EDC has also been maintaining the channel since completion in August, 1991. A re-vegetation plan was required as part ofEDC's Fish and Game permit. One of the requirements of this plan was a three year biological monitoring program of the re-vegetation efforts for Phases 1 and 2 of the channel construction. A five-year program was required on the City's Phase 3 channel construction. This could entail substantial costs associated with establishing the plant life in the channel. This was not considered in the original agreement with EDC. Consequently, EDC agreed, via a letter to staff, to maintain each phase of the channel during the establishment period. Although EDC has not posted the security, the City is not performing the maintenance and has no need to draw upon the interest. In the agreement, it was anticipated that the cost of annual maintenance would equal the interest earned on the principal each year. The City has the right under the agreement to use the interest, not the principal, for channel maintenance unless the interest is less than anticipated. Under the agreement, EDC is obligated to deposit the remaining $360,000 upon the completion of the one year maintenance period for Phase 3 (City contract) and upon release of the Phase 2 bonds (EDC contract). Neither of these have occurred yet, although the standard one year maintenance period for Phase 2 ended last July. EDC's maximum obligation under the agreement, based on the estimated interest earnings, is limited to $8,750, $17,850 and $8,400 annually for Phases 1, 2 and 3 of the channel ($35,000 total). After the agreement was entered into and in conjunction with this proceeding, the maintenance cost for all three phases has been revisited and staff anticipates the cost to be higher than EDC's maximum obligation by approximately $5,280 ($40,280 versus $35,000). This is due to including higher costs to remove invasive plant species on an on-going basis which if not removed could interfere with the channel's capacity to convey storm water. The City is not only contractually committed to use its best efforts to form the channel maintenance district, an obligation which the City Attorney interprets, at a minimum, that the City must hold a hearing and deliberate in good faith on the pros and cons of its formation, but if the City is to avail itself of the benefits of the agreement executed, an agreement which entitles the City to $500,000 trust fund deposit to provide for maintenance if the channel maintenance district is not formed, the City must be diligent and use good faith to deliberate on the formation of the district. Tonight's action proposes only to create Zone E within ELMDl to provide revenue for Eastlake's share of the maintenance costs, estimated at 20%. Future open space districts will include a zone for the channel maintenance based on their pro rata share. Consequently, EDC will still be responsible for part of the channel maintenance costs next year. See Attachments A for the boundary of Zone E and B for location of improvements and location of future benefiting properties. dl.\ -d--. Page 3, ltem~ Meeting Date 5/24/94 Maintenance Costs At the meeting of April 5, 1994, Council approved the Engineer's Report for FY 1994/95 which recommended the assessment schedule outlined in Table 1. Staff recommends including Zone E (Alternative 1) in the assessment proposed for FY 1994/95. TABLE 1 ELMDI FY 93/94 FY 94195(2) FY 94/95 TOTAL(2) ASSESSMENT ASSESSMENT COST REVENUE ZoneA-EU Industrial $209/ac $279/ac $340/ac N/A Commercial 349/ac 465/ac $567/ac N/A Zone B Eastlake Greens $10.64 $14.08 $16.67 N/A ............................................................................ ....................................... .................................................. .................................................. ............................... Zone 13") Telegraph Cyn Channel N/A 1.24 (" 1.24 (3) 2,386 ("Residential = $22.82/EDU Industrial = $34.24/ac Commercial = $30.36/ac l2lTable does nol show all Zones ("Puture as....ment and cost is estimated at $4.56/0.20 EDU ($22.82/EDU) upon turnover of Phases 2 and 3 of the channel. Staff proposes that the cost cover the chamlel maintenance between Eastlake and the Rancho del Rey property located east of Paseo Ladera to correspond with the boundary and future areas of benefit (see Attachment B). Staff has calculated Eastlake's prorated share to the undeveloped properties (Rancho del Rey, Baldwin, etc.). This is proposed to simplify the administration of this improvement zone in the future and with the deletion of Eastlake 1 residential properties from the benefit area, this is an appropriate spread. Staff anticipates creating a zone within various districts to incorporate the cost of all three phases in future and existing districts where the properties drain into this chamlel. ELMO 1 's share is approximately 20% of the basin as outlined in Table 1A. TABLE IA - EASTLAKE ZONE E PERCENT OF BENEFITING PROPERTIES Development Percent of BasinO) Eastlake 1 Residential 0.0% Business Center 13.4% Eastlake Greens Golfcourse 1.0% Commercial 1.3% Residential Sold as of 12/31/93 2.4% Sold after 1/1/94 .1% Not sold 2.2% Subtotal 7.0% Salt Creek Ranch 10.0% Telegraph Canyon Estates 6.0% Baldwin 45.6% Sunbow II 3.1% Rancho de Rey 6.7% Bsstlake Business Center II 6.5% Miscellaneous 1.7% ." Actual percent may vary dependmg 00 the rmal development plans of fut:ure developments. ~l\-3 Page 4, Item d.\.\ Meeting Date 5/24/94 In the report previously presented to Council, all areas tributary to the Telegraph Canyon channel within ELMDl (portions of Eastlake 1 and the Greens) were recommended to be assessed for the maintenance of the channel between Eastlake 1 and Rutgers Road (Phase 1). Staff now proposes excluding Eastlake 1 residential properties (located north of Otay Lakes Road) from this Zone under all alternatives as these developed properties were not required to maintain the channel as a condition of their development as the construction of the channel occurred after Eastlake I residential properties developed. Excluding Eastlake 1 residential properties seems appropriate because the development was not required to maintain the channel as a condition of development. In this way only those properties which were required as a condition of development to maintain the channel are proposed to pay for its maintenance. The cost of maintenance has been revisited and is substantially less than that presented last June, ultimately $5/year versus $18/year for a typical house (4-6 units/ac.). The change is due to the Department of Fish and Game's indication to staff that the sides of the channel may be mowed to control invasive plant species instead of hand clearing. This reduces the hand labor required to approximately one-third of that previously estimated. Table 2 outlines the cost of channel maintenance by construction phase for removing silt at the silt fences and removing invasive plant material. TABLE 2 SILT FENCE PLANT TOTAL ELMDl @ 20% COSTIEDU REMOVAL Phase 1 $4,079 $4,822 $8,901 $1,815 $4.72 ........................................ ........................................ ........................................ ........................................ ........................................ Phase 2 5,743 12,449 18,192 3,7rY9 9.64 ........................................ ........................................ ........................................ ........................................ ........................................ Phase 3 6,407 6,780 13,187 2,689 6.98 SUBTOTAL $40,280 $8,213 $21.34IEDU FORMATION COST 571 $ 1.48/EDU TOTAL $8,784 $22. 82/EDU It is proposed that Eastlake Greens and the Business Center be assessed their pro rata share of only Phase 1 of channel maintenance in FY 94/95 because staff anticipates that the other two phases will be ready for turnover in subsequent fiscal years. The above table also incorporates the cost of formation of the district. Staff proposes that the cost of formation of Zone E be spread among the benefiting properties in the same manner as the maintenance cost. Staff recommends that ELMD1's share of $2,855 (20% of $14,000) be assessed over 5 years ($571/year) to keep the costs down. EDC has advanced the funds to form the zone within the open space district and is required to be reimbursed from the district pursuant to the development agreement (Attachment E). Methodolol!v The methodology for spreading Zone E's cost is based on the amount of storm water runoff anticipated for various land uses on an acreage basis. Table 3 summarizes the factors and outlines the various rates based on land use which is consistent with the methodology used for Rancho del Rey OSD 20. The calculation is based upon 1 DUlAC at $22.82 per year assessment. Other yearly rates are multiples of the spread factor times the $22.82 per year assessment. A typical residential assessment in Zone E for the channel maintenance is under $5.00 for all alternatives. ~~-l\ Page 5, ltem~~ Meeting Date 5/24/94 Table 3 outlines the various rates based on land uses. TABLE 3 RUNOFF SPREAD ZONEE LAND USE DENSITY COEFFICIENT FACTOR ZONEE PH 1 ONLY Single Family lk21# .6 1.00 .~~ .11 lmm .6 .33 1il!4 ".:.:.;.:.:.:.: 4-6 .6 .20 4.56 1.24 6-8 .6 .14 3.20 0.88 8-10 .6 .11 2.52 0.68 ---------------- --------------- --------------- ---------------- ---------- ------------ Single Family 10-12 .7 .10 2.28 0.62 12-20 .7 .07 1.60 0.44 ----------------- --------------- --------------- --------------- ---------- ------------ Multi-Family 20+ .8 .05 1.14 0.32 ----------------- --------------- --------------- --------------- ---------- ------------ Employment Park .9 1.50/acre 34.24/acre 9.30/acre ---------------- --------------- --------------- ---------------- ---------- ------------ Commercial .8 1. 33/acre 30. 36/acre 8.24/acre ---------------- --------------- --------------- --------------- ---------- ------------ Church .7 1. 17/acre 26.70/acre 7. 26/acre ---------------- --------------- --------------- ---------------- ---------- ------------ Golfcourse .3 .50/acre 11.42/acre 3.10/acre II)No homes in ZoncE (ElMO!) arc at this densit;y. Alternatives The following five alternatives are presented for Council's consideration: Alternative 1: , 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 all property owners in Eastlake Greens (644 residential lots) 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. This option assesses all properties benefiting from the improvement which is a requirement of the Landscaping and Lighting Act of 1972. This alternative does not resolve Council's concern that property owners that purchased their home prior to Zone E being established will be assessed without having received a disclosure of the actual amount of the fee when they purchased their homes. Eastlake's disclosure ranged between $8/year and $50/year. Ultimately the assessment for tributary properties has been estimated to be $14.00 per year when all areas are built out (additional/l600 units and 69 acres of commercial land to be developed) with $5.00 of that being for the channel maintenance. The current estimated cost is approximately $21.00/year if all three phases of the channel were proposed to be maintained. Alternative 2: Alternative 2 is the same as Alternative 1 except it excludes all residential properties in Eastlake Greens that have been purchased by homeowners. Alternative 2 excludes 337 property owners from the proposed Zone E assessment, ultimately representing $1,007 of the annual cost which the City or EDC would need to fund. Therefore Alternative 2 will assess all tributary, undeveloped properties within the basin in future districts and also assess all tributary properties located within ~l.i.-s . Page 6, ltem~ Meeting Date 5/24/94 EastIake Greens whose ownership is EDC or a guest builder and the Business Center beginning in FY 94/95. If the property has been sold to an individual homeowner, the property would be exempt from assessment for the channel improvements. Council was concerned that the disclosure contained no language regarding maintenance of drainage facilities and that the estimated cost was not representative of the cost to maintain medians, parkways and the channel. In response, as of this year, EDC has used an updated disclosure form which specifically states that drainage facilities are included in the cost, although EDC's disclosure conformed to the City's ordinance which does not specify drainage to be itemized, and has inflated the estimated annual cost of ELMDl from $8/year to $50/year on the form. This option addresses Council's concern that the individual property owners would be opposed to an increase in cost due to the addition of new improvements. If Council directs staff to proceed with this option, the prorated share of the channel maintenance cost of the homes which have already sold may not be passed on to the other properties pursuant to the Landscaping and Lighting Act because there is no difference in benefit. Under this alternative some of the homes would not participate and there would be a shortfall of funds. Options to make up for these funds, as the City can not charge the remaining property owners, include a General Fund contribution or an EDC contribution via a security agreement. Alternative 2 could result in two owners within a development, both draining into the channel, paying different costs. This might become an issue in the future as property owners become aware of this disparity. Selecting this or any other alternative but Alternative 1 allows Council less flexibility at the time of the hearings. Due to notice requirements, Council may exclude properties or reduce assessments at the time of the hearing but not include additional properties or increase assessments. Alternative 3: Alternative 3 excludes only those residential properties in EastIake Greens that have been purchased by homeowners prior to EDC updating the disclosure form. This would exclude 319 property owners, ultimately representing $967 of the annual cost which the City or EDC would need to fund. Alternative 3 therefore would assess all tributary, undeveloped properties within the basin in future districts and assess all tributary properties within Eastlake Greens whose ownership is EDC, a guest builder or a property owner if the updated disclosure form was signed and the Business Center beginning in FY 94/95. Existing, developed residential properties sold prior to the disclosure form being updated would be exempt. As discussed under Alternative 2, the costs attributable to those under the old disclosure form may not be passed on to the other participating properties. This cost could be covered by General Fund monies or a security agreement with EDC. This option also creates the situation where neighbors whose properties both drain into the channel do not pay the same amount. Alternative 4: This alternative excludes the existing Eastlake Business Center whose share is 13.4%. EDC, or the City, would need to contribute funds as this share of the cost cannot be passed on to the remaining benefiting properties. However, it was not the intent of the agreement that EDC pay $5,400 for ~\.t-te. Page 7, Itemcll.\ Meeting Date 5/24/94 the ultimate pro rata share of costs of Zone E for the Business Center. This alternative may be used with Alternatives 1, 2, or 3. Alternative 5: This alternative excludes the existing EastLake Business Center and the future Business Center II. The combined share is 19.9% for which EDC, or the City, would need to contribute funds as the cost cannot be passed on to the remaining benefiting properties. However, as stated above, this was not the intent of the EDC/City agreement to pay $8,000 for the ultimate pro rata share of costs of Zone E. This alternative may be used with Alternatives 1,2, or 3. Recommendation/Conclusion 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 costlEDU 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 assessed to the Business Center and the Greens is very low, ultimately $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 in the Business Center is also minimal, under $35/year/acre or less than $3/month/acre. 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. However, the City also anticipated that the developer's disclosure would have reflected an amount that was higher than the anticipated cost, Le., $8/year versus $21 actual cost with channel. 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. ~l\-1 Page 8, Item~ Meeting Date 5/24/94 Notice and Public Hearinl!s 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. Staff will also notify all owners of an informal staff meeting for discussing the proposal. Approval of the resolutions will set the public hearings for July 12 and 19, 1994. The assessment may not be imposed if a majority protest, by assessable land area, exists after the close of the second public hearing. FISCAL IMPACI': The cost of formation of this zone and the cost to analyze the overall basin is estimated to be $14,000. EDC has deposited the funds for this work. Approval of Zone E, after the second public hearing will provide $1,815 of revenue to be used for channel maintenance and $571 to be used for reimbursing EDC for district formation costs next fiscal year. If Alternatives 2, 3, 4, or 5 are chosen, approximately $225 ranging up to $9,020, shall be funded by General Fund or EDC security on an annual basis. The balance needed for the channel maintenance for next fiscal year will be provided by Telegraph Canyon Estates, OSD 31, ($500) and EDC ($6,586). Ultimately, when all three phases of channel maintenance is turned over to the City, EDC's obligation will increase to $29,646 (73.6 %) until the other properties in the basin develop, under Alternative 1. All costs are calculated at full cost recovery rates. D5/File No.: 05-029 Attachments: A - Boundary of Zone E B - Location of improve C - Calculation of pr D - Cost summllf)' E - Agreement F - Minutes ~ and drainage basin for Phases I, 2 and 3 of the channel share M:\HOME\ENGINEER\AGENDA\TCCOSD ~~-y RESOLUTION NO. I1<5DIf 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. I, 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 I, 1993, the City Council considered establishing Zone E within Eastlake Maintenance District No. I (ELMDI) 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 I, which is as follows: Alternative I excludes all residential properties within Eastlake 1 as these properties preceded the need for maintenance of the channel. However Alternate 1 does include all property owners in Eastlake Greens and the Eastlake I 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. I d.1{-g 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 $211year ( $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 ~n 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 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 ELMDl 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: 2 ~L\..-ID 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. TABLE 1 IlIMDl FY93/94 FY 94195'" FY 94/95 FY 94/95 TOTAL'" ASSESSMENT ASSESSMENT ASSESSMENT COST IUlVEN1lIl WITH ZONE Il Zone A - Ell Industrial $209/ac $279/ac $289/ac $340/ac N/A Commercial $349/ac 465/ac 496/ac $567/ac N/A Zone B EasUake Greens $10.64 $14.08 $16.67 N/A Zone E(l) Telegraph Cyn ChaDDel N/A 1.24(3) 1.24(31 2.386 (I) Residential = S22.821EDU Industrial = S34.24/ac:. Commerieal = $30.36/ac. (2) Table does Dot show aU Zones Ill} Future assessment and cost is estimated at $4.56/0.20 EDU ($22.821EDU) upon turnover of Phases 2 and 3 of the ehanael 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. I 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, 3 ~~..." 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". 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 B!: !~J::2 Attorney John P. Lippitt, Director of of Public Works M: \.hared\attomey\may24\zooeE. res 4 ~l\ -Id-. ~~/?- =--~-: ~~~~ ""' ""-""-~ .....~--~ BOARD/COMMISSION/COMMITTEE APPLICATION CllY OF CHULA VISTA Please IlIdicate Your IlIterest By Checkillg the Appropriate Lille(s). If You Check More Thall Olle Lille, Please Prioritize Your Interest. _ Aging (Cmsm on) _ Appeals (Board of) Charter Review Child Care Cmsm Civil Service Cmsm Cultural Arts Cmsm _ Design Review Cmsm ---.:::: Economic Dev Cmsm _ Ethics (Board of) _ Growth Mgml Cmsm Human Rdations Cm!;m _ Int'l Friendship Cmsm _ Library Board of Trustees _ Mobilehome Rent Review Cmsm _ Olay Valley Proj Area Cmt Parks & Roc Cmsm _ Planning Cmsm _ Resource Consev Cmsm _ Safety Cmsm Southwest PAC Cmt _ Town Centre Prj Area Cm! UC-CV NAME: L f;f YcI;' S HOME ADDRESS: / '_p..j'L M A ,() Iso IV A \./ ~ CITY: SA N' OIk.60 ZIP: RES PHONE #: J..,.'TJ -:;-9 '1(us PHONE #: J. 9 ~ .88 7 ~EGISTERED VOTER IN CHULA VISTA: YES GLfiN PLEASE PRINT CLEARLY _ United Nations Day Cm! ~~rans ~fairs --:!I; -< ::0 ~WER ~ IT' ::;:; -n '"< (") ::0 s;? I l'Tl ::><"" 0\ - c.l:;'" < 0'- 31 l'Tl ~...:::: N C c=;~ ~ m~ ~ ? 2.//(: v- NO DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA' ~ HOW LONG'! YES NO .Voulh Cowlui.'i~iOll Applicaut.'i ONI. Y: School Alteudll., Grade: COLLEGES ATTENDED & DEGREES HELD: PRESENT EMPLOYER: 5.0. r::. c.o />-to HI ; c.. c.otV-VE.~SI6/~ CotJ/>-tci<. POSITION: (HAlfi o~ 13 ....If. O~r/l~. WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERIENCE(S) OR SPECIAL KNOWLEDGE CAN YOU YOU BRING TO THOSE AREAS? 4;;;. Gc;.OHO~ Ie:-- COtJ VIl/<S/ON S w.} T /t /11./ ri ,6; <... /r y I .J- I.E- tV V //2.. 0 IIA. ~ ,../ T.4 L- WHAT WOULD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION'! TO ..f H'A /C ~ '0,( IC. c. iry / ; AI ..> i 6- 1-( r-~ ;::0 fi "J A ,4....0 HtI7 r {o t2.~ fJ~ ~I t,tN'c. f1~t-1' ~o v~ r CCJ N rA c..r-s tIIf'- I am familiar wilh th< ruponllihilili<s assign<d to th~ Board/Commit;silmIC'lml\\ill':~ on which I wit;h to s~rv<. AI ~~ SIGNATURE ~-- ~- 9 c.j DATE ., . PLEASE SEE THE REVERSE SIDE OF THIS APPLICATlO:-; FOR VERY IMPORTAST LEGAL IIWOR"'ATIOS · . . ~lo.. - ( ~