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
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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. .
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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.
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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
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State of the City Address
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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.
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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
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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
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COUNCIL AGENDA STATEMENT
Item
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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
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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
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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
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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
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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
~
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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.
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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
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Growers would park parallel
with their backs to the center
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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)
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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
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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
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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
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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~)
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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
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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
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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;
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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)
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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).
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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. "
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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
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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
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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
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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
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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.
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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
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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)
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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-
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. . . "
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"'...,-."""
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DATE:
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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
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OR,G'NA G DEPT. HEAD It:,,!! .
ITY MANAGER
(FOR MANAGERIAL DEPARTMENTS ONLY)
CM.t477A 110-72)
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ATTACHMENT 3
MM 2 , ~4
ENDANGERED HABITATS LEAGUE
Vtdialltll /0 Iht Proltdion of C...I.1 SIll' Scruh..., Oth... 7'11....1""" Etmysl.."
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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
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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
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,.
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.
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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-
\
"
-'
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.----
.-
-----
--- ~
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------
------- -- --------.-.-.--
-
,'41.
I
I
I
- .
.
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~
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
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o OTAYINDUnllAUARK
." N.' IPEClAl.lECiUlATIONSlElATED
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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:
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" .
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
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LOGGmINAGEN6ABdOK 4f,/,),.-Jq4 .... ...... .......... '" . d . ..... ". .'. ....... . '.' ........ '.' . ......
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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
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C) APPLICANT:CitI or Chula Vista PROJICT DIICRIl'TION: .
Parks " RecreatiOD Dept. Otay IDdUltrial Park Precise
ADDIlIII: OfAYlNDlJft'IlLU.PARK Piau GaldeliDes
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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
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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
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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.
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,,''''IC'''T: MENtAL gv ~TB PROJ'CT DPctlIPTlO.:
SYSTEMS g)'ND~ ....RMIT
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and prQ?erty owners
567-074-03
Sent under res i dent
567-074-04
Sent under resident
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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
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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
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567-080-05
Manfredi. Melissa
La Jolla. CA 92037
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"Res i dent" 1 abe 1 s for Menta 1 Hl th Sys terns
PCC-94-40
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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
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-~-
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-'_._~.~ -
. -
)
.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.
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.
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-$
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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
~
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/'
)
._' '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
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· · · (M011I: Aaa ""1_~~ .... · ·
February 8, 1994
SlJIIIlure oI_lftlCIOfllppllcalt
ntal Health S7.t.... Inc.
riat or !)'pC U. OI_trlClOrllppllcalll
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_ _ . ...._______ ~._.._..._....... ~_....~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)
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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
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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
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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
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-.- - -- -.-.-
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:
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May 20,1994 ,!:;"\) t/.~Vf)':\iU:'.' "
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'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
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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)
- - --
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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
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ATTACHMENT B
.
City of Chula Vista
High Tech/BioTech Zone
.
ISSUE PAPER
.
<-
Revised April 15, 1994
/r-02 7
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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
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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.
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CITY OF CHULA VISTA
HIGHTECH/BIOTECH ZONE ISSUE PAPER
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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
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CITY OF CHULA VISTA
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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.)
.
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Biotech companies typically cluster around leading research institutions.
The total number of biotech companies is small, but the technologies
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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.)
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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
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CITY OF CHULA VISTA
HIGHTECHIBIOTECH ZONE ISSUE PAPER
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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.
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CITY OF CHULA VISTA
HIGHTECHIBIOTECH ZONE ISSUE PAPER
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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. .
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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
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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
~
"""'"'\
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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
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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
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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
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CITY OF CHULA VISTA
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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
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.
.
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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
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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
-..
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CITY OF CHULA VISTA
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.
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
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CITY OF CHULA VISTA
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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.
~
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.
(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
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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
~
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.
.
.
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
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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
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CITY OF CHULA VISTA
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.-..,
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: <~
-,
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.
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
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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.
.-,
--
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.
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. <~
.
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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
-..
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.
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
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CITY OF CHULA VISTA
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"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. <_
-.
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.
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
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CITY OF CHULA VISTA
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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.
-..
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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. ~_
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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
<-
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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
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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).
-..
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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:
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CITY OF CHULA VISTA
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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.
.-,
~
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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.
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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
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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.
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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;
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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
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(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
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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.
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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
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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
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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.
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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.
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(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;
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(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
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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 _
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(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
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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.
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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
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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
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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
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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
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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
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~
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.
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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
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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
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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..
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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
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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
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Weyerhaeuser
Paper Company
---
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-,
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.
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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..".. .
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'. .. '-,'. ".. '. " .. 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 .'
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" ;>:;:'t\;~" Tlillla true for virtually all recyclllbles
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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, .
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-:::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
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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
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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
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02..1))j'" ) ~
05-19-94 03: 31PM FROM BROWN. VERCE & ASSOC TO 16195855612
P007!010
Attachment B
~~
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TECHNICAl, MFMORANnUM
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120 UMlgM'''Y SIr811
501'01000
!)an F,afIdMo OA !Wt04
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George Krempl, Stepbanie Snyder
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"''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
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05-\ 9-9~ 03: 3\ PM FROM BROWN, VENCE & ASSOC TO 16\ 95855612
PODS/DID
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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" .
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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;.....
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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
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05-19-94 03: 31 PM FROM BROWN. VENCE ~ ASSOC TO 16195855612
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';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]
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;</-: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
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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
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EXHIBIT A
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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"
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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#
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'-".'...,'.
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
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-~ <<t.o- 11>:jj~ ro. O..,.h. kve. <uMIT~
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.
Attachment E41
. , ('~
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___ _ ~l__
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. "
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
- .
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. 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-
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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 <lng 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 <es 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 <e. 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 <e
(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 <e 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.
,
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OTAY PARK RENOVATION
MASTER PLAN
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SEC. 23
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. ..'IIlIK'7331 .fJt! ,LAC," INTIRNAL IIVIN,
,ORPORATlOH GRAHT DEEor
lIII '11M '1IIISIlI " ..1II111l! IIIlIUIKIIII 'lUll CIMPII1
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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.
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907. Chula Vist~. california
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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 ~.
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LOCATION 111rtH--l1
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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.
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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
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San Oie90, CA 92122
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CIIuIa Vista, CA 91911
HorteIISia Murillo
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CIIuIa Vista, CA 91911 1
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Cbula Vista, CA 91911
1laul1barra
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CIIuIa Vista, CA 91911
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- Ruth Bucio
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CIIuIa Vista, CA 91911
Manila SanlilIanez
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CIIuIa Vista, CA 9191f
Ramon Valdez
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CIIuIa Vista, CA 91911
Jesus Caro
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CIIuIa Vista, CA 91911
HOClOr R. Garcia
.vI'_ __
CIIuIa Vista, CA 91911
Adela Pizarro
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CIIuIa Viall, CA 91911
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. John F. CaatiJlo
Manila Villafranca
OIly Elementary School
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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
- -
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CIIuIa Vista, CA 91911
Jefferson Humpbreys
..
Cbula Vista, CA 91911
. Raul Caro
-
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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
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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.
.:<
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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
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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.
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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-
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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-
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.
.
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-
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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-
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I,--Q..v'~ C,,-s-/u, ZQO"-zp.J
/(g 0 Z.e hi H_ ~iA;~-:t
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___ __--'-:...JpJi - 'I J. 7 - 0 &-7 ~
Vkli-L16 _ .~'/ ~t/.h'cJ44.tM./ ./nit). - JcbJ ---
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----------...--
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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
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.
.
.
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::....-
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"PC 0413p/9459P
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MI..I..Ql.llIllC'111. 1:.'1'0
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,
.
.
. 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.
........
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OTAY PARK RENOVATION
MASTER PLAN
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SEC. 23
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. ur",.Iien """l~ei ,Mer lhe 1..5 .1 lhe SI.te .1 CB l' forn' II
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fOR A UlUlIlt COHS1DtR1TlOH.
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CllntJ .1 SIn DIego, SIIle .1 tllIl,,"l.. 4escrlH' .5:
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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"
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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.
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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
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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
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Mary M. O'ero
fltpculivp l)irf'clor
Mem'Jer Assod..';om:
Amrrkim SavinR( Rank
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Balik of Amprkit
Calilornia F"dr/al Rank
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flaf(~h;fl rrdf"ra/Sav;"Il'( Ba"k
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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\
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T/lf" BanI< of California
Union Bank
Valle de Om Rallk
Wells Fargo Balik
WeslPrIl Tin<lndal Savings Bank
World SavinRs
Char1er Me",I",...
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May 12,
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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
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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
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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
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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
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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
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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:
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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
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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..
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POSITION:
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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?
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WHAT WOULD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION'!
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I am familiar wilh th< ruponllihilili<s assign<d to th~ Board/Commit;silmIC'lml\\ill':~ on which I wit;h to s~rv<.
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SIGNATURE
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DATE
., . PLEASE SEE THE REVERSE SIDE OF THIS APPLICATlO:-; FOR VERY IMPORTAST LEGAL IIWOR"'ATIOS · . .
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