HomeMy WebLinkAboutAgenda Packet 1995/10/17
Tuesday, October 17, 1995
6:00 p.m.
"I declare "m~er penalty of perjury that 1 am
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Council Chambers
Public Services Building
Re211lar Meetin2 of the City of Chula Vista City Council
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Alevy _' Moot _' Padilla _' Rindone _' and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
October 3, 1995 and October 10, 1995.
4. SPECIAL ORDERS OF THE DAY:
a. Cultural Arts Commissioner Lee Wheeland will introduce Ruby Chiang, co-director of Samahan
Philippine Dance Company.
*****
Effective April 1, 1994, there have been new amendment$ to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 17)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" availnble in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no ohserved reportable actions taken
in Closed Ses.ion on 10110/95. It is recOlTllnended that the letter be received and filed.
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Agenda
6.
~RDINANCE 2643
ORDINANCE 2644
ORDINANCE 2645
ORDINANCE 2646
ORDINANCE 2647
ORDINANCE 2648
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October 17, 1995
REPEALING EXISTING CHAPTER 15.36 OF THE MUNICIPAL CODE
AND ADOPTING A NEW CHAPTER 15.36 OF THE MUNICIPAL CODE
ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION, WITH
CERTAIN DESIGNATED MODIFICATIONS (second readin2 and
adootion) - The Uniform Fire Code, as amended for Chula Vista, has generally
been adopted as the ordinance regulating life safety in the City. The 1994
Uniform Fire Code and its amendments are recommended to replace the 1991
Edition currently in effect. Staff recommends Council place the ordinance on
second reading and adoption. (Fire Chief)
AMENDING CHAPTER 15.08 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM BUILDING CODE, 1994 EDITION (second readin2 and
ado uti on) - As mandated by the Building Standards Commission, State of
California, each jurisdiction within the State shall adopt the 1994 Edition,
Uniform Building Code no later than 111196. The adoption is in conformance
with Policy 500-04. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Building and Housing)
AMENDING CHAPTER 15.20 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM HOUSING CODE, 1994 EDITION (second readin2 and
adootion) - As mandated by the Building Standards Commission, State of
California, each jurisdiction within the State shall adopt the 1994 Edition,
Uniform Housing Code no later than 111196. The adoption is in conformance
with Policy 500-04. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Building and Housing)
AMENDING CHAPTER 15.28 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM PLUMBING CODE, 1994 EDITION (second readin2 and
adootion) - As mandated by the Building Standards Commission, State of
California, each jurisdiction within the State shall adopt the 1994 Edition,
Uniform Plumbing Code no later than 111196. The adoption is in conformance
with Policy 500-04. Statf recommends Council place the ordinance on second
reading and adoption. (Director of Building and Housing)
AMENDING CHAPTER 15.24 OF THE MUNICIPAL CODE ADOPTING
THE NATIONAL ELECTRICAL CODE, 1993 EDITION (second readin2
and adootionl - As mandated by the Building Standards Commission, State of
California, each jurisdiction within the State shall adopt the 1993 Edition,
National Electrical Code no later than 111196. The adoption is in conformance
with Policy 500-04. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Building and Housing)
AMENDING CHAPTER 15.16 OF THE MUNICIPAL CODE ADOPTING
THE UNIFORM MECHANICAL CODE, 1994 EDITION (second readin2
and adootionl - As mandated by the Building Standards Commission, State of
California, each jurisdiction within the State shall adopt the 1994 Edition,
Uniform Mechanical Code no later than 2/23/96. The adoption is in
conformance with Policy 500-04. Staff recommends Council place the
ordinance on second reading and adoption. (Director of Building and Housing)
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Agenda
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October 17, 1995
I~ ORDINANCE 2649
ADOPTING A NEW CHAPTER 15.18 OF THE MUNICIPAL CODE
ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1994 EDITION (second readifil! and adoDtionl
As recormnended by the City Attorney, adoption of the 1994 Edition, Code for
the Abatement of Dangerous Buildings will provide City personnel with
appropriate procedures and guidelines to identify and abate any hazardous or
dangerous buildings within the City. The adoption is in conformance with
Policy 500-04. Staff recormnends Council place the ordinance on second
reading and adoption. (Director of Building and Housing)
13. RESOLUTION 18064 APPROPRIATING $6,000 FROM THE UNAPPROPRIATED BALANCE
OF THE GENERAL FUND FOR FINANCIAL ANALYSIS RELATED TO
THE OT A Y RANCH PROPERTY T AX NEGOTIATIONS - The fiscal year
1995/96 budget includes $5,000 for linancial analysis related to the Otay Ranch
property tax negotiations with San Diego County. Staff has already held a
number of negotiating meetings with San Diego County staff, and significantly
more financial analysis is being required than was originally anticipated. Staff
recommends approval of the resolution. (Deputy City Manager Thomas)
4/5th's vote required. Continued from the meeting of 10/10/95.
14. RESOLUTION 18073 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING
WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT
WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 2180, FOR FISCAL YEAR 1995/96 - Negotiating teams represeotiog
the City and International Association of Fire Fighters (IAFF), Local 2180, have
reached an agreement on a Memorandum of Understanding (MOU) covering
fiscal year 1995/96. The proposed MOU was ratified by the IAFF membership
on 10/4 and 10/5/95. Staff recommends approval of the resolution. (Budget
Manager)
15. RESOLUTION 18074 APPROVING CASH ADVANCES FROM THE TRUNK SEWER CAPITAL
RESERVE FUND TO VARIOUS REDEVELOPMENT AGENCY FUNDS
AND FROM THE EQUIPMENT REPLACEMENT FUND TO THE
CENTRAL GARAGE FUND - Over the last few years, the available cash in
various City/ Agency Funds has been depleted beyond a zero balance. This, in
effect, is an unrecorded loan against all other City/Agency Funds. In addition,
funds with positive cash balances are earning less interest revenue than
warranted due to this practice. It is recommended that the City move towards
returning all Funds to a positive cash balance as soon as possible and
implementing strict controls to not allow any transaction against any cash
account which would reduce it below zero. Staff recommends approval of the
resolution. (Director of Finance)
16. RESOLUTION 18075 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
"SIDEWALK REPLACEMENT AND INSTALLATION OF SIDEWALK
RAMPS ON SEA V ALE STREET BETWEEN THIRD A VENUE AND
SECOND AVENUE (STL-223)" - On 9/27/95, bids were received. The
general scope of the project is replacement of existing deteriorated sidewalks and
driveways along Sea Vale Street between Third Avenue and Second Avenue.
The work includes removal of Portland Cement Concrete (PCC) curbs, removal
and replacement of asphalt concrete pavement, pce slabwork removal, curb,
sidewalk, driveways, sidewalk ramps, traffic control, protection and restoration
of existing improvements and other work as may be necessary to render the
above improvements complete and workable. Staff recommends approval of the
resolution. (Director of Public Works)
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Agenda
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October 17, 1995
17. RESOLUTION 18076 APPROVING THE FIRST AMENDMENT TO THE EXISTING
AGREEMENT WITH WILLDAN ASSOCIATES TO AUTHORIZE $5,750
IN ADDITIONAL CONSULTING SERVICES RELATING TO THE
PREPARATION OF THE OTAY RANCH SPA ONE PROJECT PUBLIC
FACILITIES FINANCING PLAN AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AMENDMENT - The Amendment, in the
amount of $5,750 to the original Three Party Agreement contract, is necessary
to cover an expanded scope-of-work to analyze Alternative B-2 that was not
anticipated when the Three Party Agreement was prepared. Staff recommends
approval of the resolution. (Special Planning Projects Manager, Otay Ranch)
* * 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 Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
18.
PUBLIC HEARING
19.
PUBLIC HEARING
PROPOSAL TO DEFINE "COMMUNITY PURPOSE FACILITY" IN THE
EASTERN AREA DEVELOPMENT IMPACT FEE FOR STREETS AND
MODIFY THE FEE RATE SCHEDULE ACCORDINGLY - Currently, the
"Eastern Area Development Impact Fee for Streets" (TransDlF) program does
not discuss the land use category "Community Purpose Facility" (CPF). Other
fee programs, such as the Public Facilities DIF and the SR-125 DlF exclude
CPF from the fee programs. Staff proposes to correct the inconsistency by
defining the CPF land use and excluding that class trom the TransDIF. Staff
recommends this item be continued and Council direct staff to renotice at
the appropriate time. (Director of Public Works) Continued from the
meeting of 9/19/95.
SPA AMENDMENT, PCM-95-11 AMENDMENT TO THE EASTLAKE
GREENS SECTIONAL PLANNING AREA (SPA) PLAN PUBLIC
FACILITIES FINANCING PLAN - The EastLake Greens SPA project consists
of approximately 830 acres, located south of Telegraph Canyon Road, westerly
of Hunte Parkway. The initial plan was approved in 1989 for 2774 dwelling
units and assorted other lLses, including commercial. schools and parks. A
subsequent SPA amendment in 1994 changed the configuration of the southerly
portion of the property and increase the unit count to 2861 dwelling units.
When the 1994 amendment was approved, the Public Facilities Financing Plan
was not modified to reflect the changes. Staff recommends approval of the
resolution. (Director of Planning and Director of Public Works)
RESOLUTION 18077 APPROVING AN AMENDMENT TO THE EASTLAKE GREENS
SECTIONAL PLANNING AREA PUBLIC FACILITIES FINANCING
PLAN AND ADOPTING THE NEGATIVE DECLARATION IS-94-19
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Agenda
20.A. PUBLIC HEARING
B. PUBLIC HEARING
C. REPORT
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October 17, 1995
CONSIDERING A CONDITIONAL USE PERMIT PCC-95-47 TO
ESTABLISH A 20,000 SEAT OUTDOOR AMPHITHEATER AND AN
OPEN AIR MARKET LOCATED AT THE SOUTHWEST QUADRANT
OF OTAY VALLEY ROAD AND OTAYRIO ROAD - BITTERLIN-BRICE
DEVELOPMENT PARTNERS FOR MCA CONCERTS, INC. AND
KOBEY'S CHULA VISTA MARKET PLACE, LLC; CONSIDERING THE
VACATION OF VARIOUS STREETS IN OTAY RIO BUSINESS PARK;
AND CONSIDERING THE PROPOSED MODIFICATION OR
DEFERRAL OF CERTAIN PROJECT FEES - Bitterlin-Brice Development
Partners as representatives of MeA Concerts, Inc. is proposing to construct a
20,000 seat capacity amphitheater in the Otay Rio Business Park located at the
southwest quadrant of Otay Valley Road and Otay Rio Road. Also, Kobey's
Marketplace proposed to operate an open air market on the site on certain days
of the week when the amphitheater is not in use. Staff recommends this item
be continued to 1117/95. (Director of Community Development, Director of
Planning and Director of Public Works) Continued from the meeting of
10/3/95.
ZONING TEXT AMENDMENT PCA-96-01; REQUEST TO ADD
WORDING TO SECTION 19.68.020 T.l OF THE MUNICIPAL CODE
WHICH WOULD CLARIFY THAT NOISE ASSOCIATED WITH THE
NORMAL OPERATIONS OF ANY LAND USE APPROVED BY A
CONDITIONAL USE PERMIT IS CONSIDERED "ENVIRONMENTAL"
RATHER THAN NUISANCE NOISE BITTERLIN-BRICE
DEVELOPMENT PARTNERS, AGENTS FOR MCA CONCERTS, INC. -
The amendment would clarify the distinction between "nuisance noise" as
opposed to "environmentfll noise" as it would relate to conditional uses in
general and the operations of the MCA Amphitheater in particular. The
Environmental Review Coordinator has concluded that the text amendment is
exempt from environmental review pursuant to Section 15061(b)(3) of the
California Environmental Quality Act. Staff recommends this item be
cnntinued to 1117/95. (Directnr of Planning) Continued from the meeting
of 10/3/95.
RESPONSES TO COUNCIL QUESTIONS REGARDING THE MCA
CHULA VISTA AMPHITHEATER PROJECT FROM COUNCIL
MEETING OF OCTOBER 3, 1995 - At the public hearing on 10/3/95.
Council directed staff to provide clarifying information on certain components
of the project and answers to a number of specific questions. Additionally,
business deal points were to be presented for information and review. Staff
recommends Council accept the report. (Director of Community Development)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda for public discussion. (State Illw, 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" availllble 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.
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Agenda
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October 17, 1995
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees. .
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
21. ORDINANCE 2650 ADOPTING AS AN INTERIM AND EMERGENCY MEASURE FOR A
PERIOD OF 90 DAYS, AN ORDINANCE AMENDMENT TO
MUNICIPAL CODE SECTION 19.54.010 TO EXEMPT RESIDENTIAL
CARE FACILITIES FOR 7-12 RESIDENTS FROM OBTAINING A
CONDITIONAL USE PERMIT IN RESIDENTIAL ZONES, AND FROM
THE PROVISIONS OF CHAPTER 19.54 (ur2encv ordinance) - The
Planning Department is preparing amendments to the Zoning Code and will be
preparing implementing ordinances which will allow Residential Care Facilities
for 7-12 residents which are protected by the Federal Fair Housing Act to locate
in residential zones as a matter of right. The purpose of the moratorium is to
avoid the risk of the City incurring monetary damages should its actions under
the current zoning standards conflict with the rights of individuals protected by
the Fair Housing Amendments Act. Staff recommends Council adopt the
urgency ordinance. (Director of Plarming and City Attorney)
22. ORDINANCE 2651 AMENDING CHAPTER 2.66 - PARK AND FACILITIES RULES (first
readin2) - Chapter 2.66 of the Municipal Code, which governs the rules and
regulations for use of city parks and facilities, has not been substantially changed
since 1974. The Department has undertaken the task of reviewing this Chapter
. and proposing various amendments to the sections therein. The intent of the
proposed amendments is an administrative "house cleaning" procedure to create
rules which are more applicable to situations encountered in the parks. Staff
recommends Council place the ordinance on ticst reading. (Director of Parks
and Recreation)
23. RESOLUTION 18078 ACCEPTING STAFF'S PROPOSED PLAN FOR THE 1996 CULTURAL
ARTS FESTIVAL, AND AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH THE CHULA VISTA JUNIOR CHAMBER OF
COMMERCE TO PROVIDE PASS-THROUGH OF $15,000 OF PORT
DISTRICT FUNDING TO SUPPORT THE 1996 CULTURAL ARTS
FESTIVAL - On 4/18/95, Council approved the combination of the Cultural
Arts Festival, the Community Pride Fair and Winterfest. Staff was directed to
plan and implement a single special event to be conducted in the Spring of 1996.
Staff recommends approval of the resolution. (Director of Parks and
Recreation)
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Agenda
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October 17, 1995
24.
REPORT
FROM THE CHARTER REVIEW COMMISSION AND CITY
ATTORNEY REGARDING VACANCY REFORM - On a referral by
Council, the Charter Review Commission and City Attorney recommends that
Council submit to the People, for inclusion in the Charter, a Vacancy Reform
proposal. It is recommended that Council approve the Vacancy Reform
amendments to the Charter for inclusion On the March, 1996 Ballot, and direct
the City Attorney and City Clerk to include said language on the Resolution
calling for the March, 1996 election. (City Attorney and Charter Review
Commission) Continued from the meeting of 10/3/95.
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
25. CITY MANAGER'S REPORTCS)
a. Scheduling of meetings.
b. State Constitutional Review Commission - State/SANDAG hearings.
26. MAYOR'S REPORTlS)
27. COUNCIL COMMENTS
Council member Moot
a. RESOLUTION 18079 SUPPORTING THE LEAGUE OF CALIFORNIA CITIES'
RESOLUTION ON SALES TAX REDISTRIBUTION TO
INCREASE THE AMOUNT RECEIVED BY CITIES TO 2 % - The
subject resolution seeks to redistribute 1 % sales tax from the State to
cities.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on October 24, 1995
at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the City Council
Meeting.
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Agenda
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October 17, 1995
*****
CLOSED SESSION
Unless the City Attorney, 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 pennitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed 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 closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and atljournment 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.
28. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
. Chula Vista and nine other cities VS. the County of San Diego regarding solid waste issues (trash
litigation).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Pursuant to Government Code Section
54957
. Title: City Clerk
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
.
Property:
Approximately 72.5 acres of property located at the southwest quadrant
of Otay Valley Road and Otay Rio Road, Chula Vista.
Negotiating parties:
City of Chula Vista, Los Alisos Company, and MCA Concerts, Inc.
Under negotiation:
Ground Lease, Tri-Party Agreement and Sublease Agreements for the
above-described property proposed for development into a 20,000 seat
amphitheater.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA. WCE, POA, IAFF, Executive
Management. Mid-Management. and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
29. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
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ellY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
October 11, 1995
The Honorable Mayor and city COU~l\)
Bruce M. Boogaard, City Attorney l~~
To:
From:
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 10/10/95
The city Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 10/10/95 which are
required under the Brown Act to be reported.
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COUNCIL AGENDA STATEMENT
Item
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ITEM~ITI:: Ordinance - Adopting the Uniform Fire Code, 1994 Edition and the
Appendix Thereto
SUBMITTED BY: Fire Chie~ ."..,C't i\
REVIEWED BY: City ManagerJ~ ~ ~ I
(4/5ths Vote: Yes_NolO
The Uniform Fire Code, as amended for Chula Vista specificity has generally been
adopted as the ordinance regulating life safety in the City of Chula Vista. The 1994
Uniform Fire Code and its amendments are recommended to replace the 1991 Edition
currently in effect.
RECOMMENDATIONS: That Council adopt the 1994 Edition of the Uniform Fire
Code and Appendix as amended.
BOARD OF APPEALS AND ADVISORS RECOMMENDATION: At the September
18, 1995 meeting of the Board of Appeals and Advisors, the Board found that public
necessity, safety, convenience and general welfare require that the Uniform Fire Code,
1994 Edition, be adopted by the City Council as the ordinance regulating fire and life
safety in the City, replacing the 1991 Code adopted by the Council in June, 1992.
DISCUSSION: The 1994 Edition of the Uniform Fire Code has been partially
reformatted and completely renumbered to improve usability, eliminate redundant
requirements and provide for improved correlation with the common code format and
occupancy classifications incorporated into other model codes.
The only changes specific to the City of Chula Vista which differ from adoption of the
1991 Uniform Fire Code are:
. Section 15.36.040 identifies the minimum rating (2A 10BC) of fire extinguishers
acceptable in the City of Chula Vista. Currently there are no minimum standards
listed in the Code.
.
Section 15.35.080 limits the distance an alarm monitoring company may be
located from the City of Chula Vista (100 miles). The 1994 Code does not
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address this issue and the City has experienced delayed alarms from companies
located a distance away and/or out-of-state.
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~ Section 15.36.130 adds "fireplaces" as a factor in identifying offensive smoke
emissions or that smoke which constitutes a hazardous condition. The Chula
Vista Fire Department has responded to frequent incidents involving the burning
of plastics and rubber in fireplaces which permeates the neighborhoods with
noxious fumes.
Apart from these changes, the technical content of the Code remains unchanged.
FISCAL IMPACT: There is no fiscal impact to the City created by adoption of the
Uniform Fire Code, as amended.
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AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING -1<b
EXISTING CHAPTER 15.36 OF THE MUNICIPAL CODE AND :fO~
ADOPTING A NEW CHAPTER 15.36 OF THE MUNICIPAL CODE OF ~
THE CITY OF CHULA VISTA ADOPTING THE UNIFORM FIRE CODE,
1994 EDITION, WITH CERTAIN DESIGNATED MODIFICATIONS
ORDINANCE NO.
oZ&l/.3
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS:
SECTION I. That existing Chapter 15.36 is hereby repealed, and a new Chapter
15.36 of the Chula Vista Municipal Code is hereby added, which Chapter shall read as
follows:
Sections:
15.36.010
15.36.020
. 15.36.030
15.36.040
15.36.050
15.36.060
15.36.070
15.36.080
15.36.090
15.36.100
15.36.110
15.36.120
15.36.130
15.36.140
15.36.150
15.36.160
15.36.170
15.36.180
.
Chapter 15.36
Uniform Fire Code
Uniform Fire Code, 1994 Edition, Adopted by reference,
Fire Department Access and Water Supply - Section 902,2,1
amended,
Water Supplies and Fire Hydrants - Section 903.4,2 amended,
Portable Fire Extinguishers - Section 1002,1 amended.
Fire Extinguishing Systems - Section 1003,1,1 amended.
Fire Extinguishing Systems - Section 1003,2,2 amended,
Fire Extinguishing Systems - Section 1003,2.8 Group R1 amended,
Fire Extinguishing Systems - Monitoring and Alarms - Section 1003,3 amended.
Fire Extinguishing Systems - Standpipe Requirements - Table
1004-A amended.
Fire Alarm Systems - Section 1007 amended to add Section
1007.1,la - Plans and Specifications.
Fire Alarm Systems - Section 1007.2.9.1.1 System Requirements
amended.
Fire Alarm Systems - Section 1007.3.3.6.1 Monitoring is amended.
General Safety Precautions - Incinerators, Open Burning and
commercial Barbecue Pits - Discontinuance - Section 1102.2.5 is
amended.
Tents, Canopies and Temporary Membrane Structures - Table
3205-A Location, access and parking for tents, canopies and
temporary membrane structures is amended.
Dispensing - Aboveground Tanks - Section 5202.4.1 amended
Flammable & combustible Liquids - Spill Control, Drainage Control
and Secondary Containment - Section 7901.8.2 Spill Control is
amended.
Hazardous Materials - Identification Signs - section 8001.7
amended.
High-Piled combustible Storage - Pallet Storage - Section 8105
added.
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15.36.010 Uniform Fire Code, 1994 Edition, adopted by reference.
-.,
There is hereby adopted by reference that certain document known and
designated as the Uniform Fire code, and all Appendices, 1994 Edition, as ompiled
and published by the International Fire Code Institute in cooperation with e
International Conference of Building Officials and the Western Fire Chi s Association.
three (3) copies of which are on file in the office of the City Clerk. Su ect to such
amendments as are herein contained, said document is herepy ado ed prescribing
regulatioQs governing conditions hazardous to life and prop~rty fr fire or explosion.
and each a d all such regulations" provisions, penalties, c.onditi s and terms of said
Uniform Fire de are hereby referred to, adopted and made part hereof as though
fully set forth her . ,excepting such portions as are heteina r deleted, modified or
amended as setJo in this Chapter.
15.36.020 ~partm
amended. ".
"Fire Apparatus access ro?,d n at the option of the Fire Chief, fire lanes shall
be provided in accordanc;a with. ion 901 and 902.2 for every facility, building
or portion of a building !ferea r co ructed or moved into or within the
jurisdiction when any portio of thefac 'ty or any portion of an exterior wall of the
first story of the building is cated more an 150 feet (45720 mm) from fire
apparatus access as me sured by an app. ved route around the exterior of the
building or facility..{Se also Section 902.3 r personnel access to buildings)."
r Supply - Section 902
The first full parag
of the UFC as it applies in t
follows, all other parts of said
-..
15.36.030 Water SIP ies and Fire Hydrants - Secti09p3 amended.
,
Section 903.4. (Required installations) of Article 9,
applies to the City ,Chula Vista, is hereby amended to add a
paragraph:
III. of the UFC as it
follows after the first
\.
'\"
.For~'e fety during construction, alteration or demolition 0 '~b1J.~lding, see
Art' " \,
~e .,
'\ .,
\., "
(a) Fire hydrants. where required in all subdivisions, apartment co ~ es.
commercial developments, etc., shall be installed in an operable on 'tion
prior to any combustible construction materials being placed on th site.
-..
t-y
15.36.010 Uniform Fire Code, 1994 Edition, adopted by reference.
There is hereby adopted by reference that certain document known and
designated as the Uniform Fire code, and all Appendices, 1994 Edition, as compiled
and published by the International Fire Code Institute in cooperation with the
International Conference of Building Officials and the Western Fire Chiefs Association,
three (3) copies of which are on file in the office of the City Clerk. Subject to such
amendments as are herein contained, said document is hereby adopted prescribing
regulations governing conditions hazardous to life and property from fire or explosion,
and each and all such regulations" provisions, penalties, conditions and terms of said
Uniform Fire Code are hereby referred to, adopted and made a part hereof as though
fully set forth herein, excepting such portions as are hereinafter deleted, modified or
amended as set forth in this Chapter.
15.36.020 Fire Department Access Roads and Water Supply - Section 902
amended.
The first full paragraph of Section 902.2.1 (Required Access) of Article 9, Part III
of the UFC as it applies in the City of Chula Vista, is hereby amended to read as
follows, all other parts of said section to remain the same as in the UFC:
"Fire Apparatus access roads and at the option of the Fire Chief, fire lanes shall
be provided in accordance with Section 901 and 902.2 for every facility, building
or portion of a building hereafter constructed or moved into or within the
jurisdiction when any portion of the facility or any portion of an exterior wall of the
first story ofthe building is located more than 150 feet (45720 mm) from fire
apparatus access as measured by an approved route around the exterior of the
building or facility. (See also Section 902.3 for personnel access to buildings)."
15.36.030 Water Supplies and Fire Hydrants - Section 903 amended.
Section 903.4.2 (Required installations) of Article 9, Part III, of the UFC as it
applies to the City of Chula Vista, is hereby amended to add as follows after the first
paragraph:
-For fire safety during construction, alteration or demolition of a building, see
Article 87."
(a) Fire hydrants, where required in all subdivisions, apartment complexes,
commercial developments, etc., shall be installed in an operable condition
prior to any combustible construction materials being placed on the site.
toY
1'1-
.
.
.
(b) ,Whenever any combustible material is placed on the site or any work is
being done contrary to the provisions of this code, the Chief may order the
said material removed from the site or the work stopped by notice in
writing served on the owner or agent, and any such persons shall
forthwith comply with said notice until authorized by the Chief to proceed."
15.36.040 Portable Fire Extinguishers - Section 1002 amended.
The following sentence shall be added to the end of Section 1 002.1 (General) of
Article 10 of the UFC, as it applies in the City of Chula Vista.
"The minimum rated fire extinguisher acceptable to the City of Chula Vista
is 2A10BC."
15.36.050 Fire Extinguishing Systems - Section 1003 amended
The following sentence shall be added to the end of Section 1 003.1.1 (General)
of Article 1 0 of the UFC, as it applies in the City of Chula Vista.
"All fire extinguishing systems shall be installed by a state licensed
contractor.
Exception: When approved by the Fire Chief, R-3 occupancies may
be exempted from this requirement."
15.36.060 Fire Extinguishing Systems - Section 1003.2.2 amended
Section 1003.2.2 (All occupancies except Group R, Division 3 and Group U
(Occupancies) amended by adding the following sentence to the end of Article 10 of the
UFC, as it applies in the City of Chula Vista.
"6. In every building regardless of occupancy classification or type of
construction, when such building is more than 40 feet or four stories or
more in height."
15.36.070 Fire Extinguishing Systems - Section 1003.2.8 Group R1 amended.
Section 1003.2.8 (Group R, Division 1 occupancies) of Article 10 of the UFC. as
it applies in the City of Chula Vista, is hereby amended to read as follows: the
following paragraph is added at the end of 1003.2.8:
"When an approved fire sprinkler system is required by the provisions of this
b'f'
IJ
section, illY and S!.!! buildings constructed after July 1, 1992, on the same
property, regardless of height or number of dwelling units, shall be provided with ......,
an approved fire sprinkler system".
15.36. 0 Fire Extinguishing Systems - Monitoring and Alarms -
a ended.
n 1003.3.1 (Where Required) of Article 10 of the C as it applies to the
N'ista, is hereby amended to read as follows:
"Where r uired. All valves controlling the water su ply for automatic sprinkler
systems a water-flow switches on all sprinkler stems shall be electrically
monitored w re the number of sprinklers are:
1.
2.
ore in Group I, Divisions 1. and 1.2 Occupancies.
or more in all other occ ancies.
Valve monitoring and ater-f1ow alarm a trouble signals shall be distinctly
different and shall be a matically tran itted to an approved central station,
remote station or propriet monitori. station as defined by U.F.C. Standard
10-2 or, when approved by e build' g official with the concurrence of the chief,
shall sound an audible signal a nstantly attended location. These locations
may not exceed 100 miles from city limits of the City of Chula vista and apply
to monitoring contracts initiated r adoption of this code.
......,
"2.
quirements - Table 1004-A
EXCEPTION: Underground ey or hue alves in roadway boxes provided by the
municipality or public utility eed not be nitored."
15.36.090 Fire Extinguishi
amended.
The category of G
A of Article 10, ofthe U
read as follows:
up 2, under the column labeled "0 upancy", of Table 1 004-
as it applies to the City of Chula Vist is hereby amended to
ncies 3 stories or more but less than 150 feet in h
R, Division 3."
15.36.100 Fire Alarm Systems, Plans and Specifications - Section 1007.1.1a
amended.
Section 1007.1.1a - Plans and Specifications of Article 10 (Fire Alarm Systems) .-.,
t-t-
.
.
.
of the UFC, as it applies in the City of Chula Vista is hereby amended to add the
following new section 1007.1.1a after Section 1007.1.1 Applicability.
"Complete plans and specifications for fire alarm systems shall be
submitted for reviews and approval prior to system installation. Plans and
specifications shall include, but not be limited to, name, address,
telephone and license number of installing licensed contractor, a floor
plan, location of all alarm-initiating and alarm-signaling devices, alarm
control and trouble signaling equipment, annunciation, power connection,
battery calculations, wiring type and sizes, make and model and State
Fire Marshal listing number of all equipment, devices and materials
requiring listing."
15.36.110 Fire Alarm Systems - System Requirements, Group R, Division 1
Occupancies, Section 1007.2.9.1.1 amended.
Section 1007.2.9.1.1 General (Group R, Division 1 occupancies). The first full
paragraph of Section 1007.2.9.1.1 of Article 10 of the UFC, as it applies in the City of
Chula Vista is hereby amended to read as follows, all other provisions to remain the
same:
"Group R occupancies shall be provided with fire alarm systems in
accordance with Section 1007.2.9. Group R, Division 1 occupancies shall
be provided with a manual and automatic fire alarm system in apartment
houses three or more stories in height or containing 16 or more dwelling
units, in hotels three or more stories in height or containing 20 or more
guest rooms and in congregate residences three or more stories in height
or having an occupant load of 20 or more. When an approved fire alarm
system is required by the provisions of this section, any and sill buildings
constructed after July 1, 1992 on the same property, regardless of size or
height, shall be provided with an approved fire alarm system. See also
Section 1007.2.12."
15.36.120
Fire Alarm Systems - Section 1007.3.3.6.1 Monitoring is amended.
Section 1007.3.3.6.1 General of Article 10 of the UFC, as it applies in the City of
Chula Vista is hereby amended to read as follows:
"When required by the Chief, fire alarm systems shall be monitored by an
approved central, proprietary or remote station service or a local alarm
which gives available and visual signals at a constantly attended location.
These locations may not exceed 100 miles from the city limits of the City
of Chula Vista and apply to monitoring contracts initiated after adoption of
t-?
15-
this code".
15.36.130 General Safety Precautions - Incinerators, Open Burning and Commercial
Barbe e Pits - Section 1102.2.5 - Discontinuance - is amended.
-,
Section 1 02.2.5 - General Safety Precautions Section 1102.2.5-
(Discontinuance) of Section 1102, Incinerators, Open Burning and Commercial
Barbeque Pits of P\ ide II of the UFC, as it applies in the City of Chula Vista,' hereby
amended to read as ollows:
"The chie is authorized to require incinerator or fireplace se to be
immediate discontinued if the chief determines that s ke emissions
are offensiv to occupants of surrounding property or' the use of the
incinerator or replace is determined by the chief to onstitute a
hazardous con 'tion."
15.36.140
Tents, Canopies a d Temporary Membrane
Location, access an parking for tents, can
membrane structures amended:
uctures - Table 3205-A
ies and temporary
The Minimum Fire access Roa ay Width s shown in the third column of
Table 3205-A ("Location, Access and Ping f Tents, Canopies and Temporary
Membrane Structures") of Article 32 of the , as it applies in the City of Chula Vista
is hereby amended to read as follows: .......
"20 feet
20 feet
20 feet"
15.36.150
Section 5202.4.1 of Icle 52 (Flammable and Co bustible Liquid Motor Vehicle
Fuel-Dispensing Stations) the UFC, as it applies in the . y of Chula Vista is hereby
amended to read as foil s and adding the following exceptl n:
"Class I and II quids in above ground tanks shall not be . pensed into the fuel
tank of a m r vehicle from aboveground tanks except wh tanks are installed
inside spe al enclosures in accordance with Section 5202.3 nd meet the
fOllowin xception. See also Appendix II-F.
With the approval of the Fire Chief, Class I and IIliqui may be
stored above ground outside of buildings in specially de 'gned,
approved and listed containers which have features incor orated
into their design which mitigate concerns for exposure to heat (two-
hour fire resistance), ignition sources and mechanical damage.
Containers must be installed and used in accordance with their -,
t- r
this code".
15.36.130 General Safety Precautions - Incinerators, Open Burning and Commercial
Barbecue Pits - Section 1102.2.5 - Discontinuance - is amended.
Section 1102.2.5 - General Safety Precautions Section 1102.2.5 -
(Discontinuance) - of Section 1102, Incinerators, Open Burning and Commercial
Barbeque Pits of Article II of the UFC, as it applies in the City of Chula Vista, is hereby
amended to read as follows:
"The chief is authorized to require incinerator or fireplace use to be
immediately discontinued if the chief determines that smoke emissions
are offensive to occupants of surrounding property or if the use of the
incinerator or fireplace is determined by the chief to constitute a
hazardous condition."
15.36.140 Tents, Canopies and Temporary Membrane Structures - Table 3205-A
Location, access and parking for tents, canopies and temporary
membrane structures is amended:
The Minimum Fire access Roadway Widths as shown in the third column of
Table 3205-A ("Location, Access and Parking for Tents, Canopies and Temporary
Membrane Structures") of Article 32 of the UFC, as it applies in the City of Chula Vista
is hereby amended to read as follows:
"20 feet
20 feet
20 feet"
15.36.150 Aboveground Tanks - Section 5202.4.1 amended.
Section 5202.4.1 of Article 52 (Flammable and Combustible Liquid Motor Vehicle
Fuel-Dispensing Stations) of the UFC, as it applies in the City of Chula Vista is hereby
amended to read as follows and adding the following exception:
"Class I and II liquids in above ground tanks shall not be dispensed into the fuel
tank of a motor vehicle from aboveground tanks except when tanks are installed
inside special enclosures in accordance with Section 5202.36 and meet the
following exception. See also Appendix II-F.
EXCEPTION:
With the approval of the Fire Chief, Class I and II liquids may be
stored above ground outside of buildings in specially designed,
approved and listed containers which have features incorporated
into their design which mitigate concerns for exposure to heat (two-
hour fire resistance), ignition sources and mechanical damage.
Containers must be installed and used in accordance with their
t- Y"
Ii:,
'.
.
.
listing, and provisions must be made for leak and spill containment.
Storage in such tanks on any site shall not exceed 550 gallons for
Class I or 1100 gallons for Class II liquids. The Chief may
disapprove the installation of such containers when in his/her
opinion, their use presents a risk to life or property. In no case,
shall such storage be permitted within 100 feet of any residential or
institutional structure."
15.36.160
Flammable and Combustible Liquids - Spill Control, Drainage Control and
Secondary Containment - Section 7901.8.2 Spill control is amended.
Article 79 Flammable and Combustible Liquids Section 7901.8.2 (Spill Control,
Drainage Control and Secondary Containment) of Article 79 (Flammable and
Combustible Liquids) of the UFC, as it applies in the City of Chula Vista, is hereby
amended to include a last sentence to read as follows:
"A 20 gallon minimum overspill device is required on all Class I or II
underground or above ground flammable liquid tanks",
15.36.170 Hazardous Materials - Identification Signs - Section 8001.7 amended.
Article 80 - Hazardous Materials Section 8001.7 Identification Signs of Article 80
of the UFC, as it applies in the City of Chula Vista is hereby amended to read as
follows; all other provisions and exceptions of said section to remain the same as in the
UFC:
"Visible hazard identification signs as specified in the Uniform Fire Code
Standard No. 79-3 shall be placed at entrances to locations where hazardous
materials are stored, dispensed or handled. Signs shall be provided at specific
entrances designated by the Chief. Identification signs shall conform to NFPA
704."
15.36.180 High-Piled Combustible Storage - Pallet Storage - Section 8105 added.
A new section to be numbered and titled "Section 8105. Storage of Empty
Wooden or Plastic Pallets" is hereby added to Article 81 ("High-Piled Combustible
Storage") of the UFC, as it applies in the City of Chula Vista, which Section shall read
as follows:
Section 8105 - Storage of Empty Wooden or Plastic Pallets.
"(a) Outdoor Storage - Pallets shall be stored outside of a building or in a
to?
1'7
detached building whenever possible. Pallets shall not be stacked closer
than 5 feet from the building.
~
(b) ndoor Storage - Pallets when stored indoors shall be protected with fire
s inklers in accordance with NFPA Standard 231, Table 44.1.1 unless
bo of the following conditions are met:
1. allets are stored no higher than 6 feet.
2. Ea h pallet pile of no more than 4 stack shall be separated from
pallet piles by at least 8 feet of ar space or 25 feet of
dity:
Presented by
f~t<. ~L
(James B. Hardiman
Fire Chief
--,
~
~-/C7
detached building whenever possible. Pallets shall not be stacked closer
than 5 feet from the building.
(b) Indoor Storage - Pallets when stored indoors shall be protected with fire
sprinklers in accordance with NFPA Standard 231, Table 4-4.1.1 unless
both of the following conditions are met:
1. Pallets are stored no higher than 6 feet.
2. Each pallet pile of no more than 4 stacks shall be separated from
other pallet piles by at least 8 feet of clear space or 25 feet of
commodity."
f~t<. ~&.
(James B. Hardiman
Fire Chief
(
Bruce M. Booga
City Attorney
Presented by
t,-/t?
Ix
.
COUNCIL AGENDA STATEMENT
Item No.: 7
. '01'10 BEADING AND AOOPTIOl'\ Meeting Date: ~
~\:.\j. .2/' Ifr /l)/17(9.J/"
ITEM TITLE: Ordinance Adopting the Uniform Building Code, 1994 Edition
SUBMITTED BY: Director of Building an(H~US~1/
REVIEWED BY: City Manage~G\' ~ (4/5ths Vote: Yes No JU
Adoption of the 1994 Edition, Uniform Building Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Building Regulations within the jurisdictions of the County of San Diego.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
. UNIFORM BUILDING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Building Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Building Code by
no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
.
The adoption of the new Uniform Building Code will upgrade our seismic zone
designation from Zone 3 to Seismic Zone 4. Staff does not believe this will significantly
impact permit applications. It is intended to afford greater protection to buildings in the
event of an earthquake.
1
7~1
Council Agenda Statement
National Electrical Code
Item No.:
Meeting Date: 10/10/95
7
--.
This Ordinance also reflects the Council's previous direction to incorporate requirements
for customer access to restrooms located at motor vehicle fueling stations.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
-,
KGL:yu
(M:ISHAAEDIBLD _HSGIA 1131llll4.UBC)
--.
2
7-;L
.
e
e
'~a
,.2 /, tj i 01'a ~I'
ORDINANCE NO. ~Afa/,
/!.tG'
AN ORDINANCE OF THE CI1Y OF CHULA VISTA AMENDING CHAPTER -11'a
15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE -14:2
UNIFORM BUILDING CODE, 1994 EDITION ~~~
THE cm COUNCIL OF THE cm OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Sections:
15.08.010
15.08.020
15.08.030
15.08.040
15.08.050
15.08.060
15.08.D70
15.08.UO 080
-
15.08.llllO 090
15.08.Q90 100
15 08.100
15.08.120
15.08.130
15.08.110
15.08.120
Chapter 15.08
Building Code
Uniform Building Code, mI ~ edition, adopted by reference.
General-Section ~ 104.2.1 amended to designate building official.
Board of Appeals and Advisors-Section :w4{a} ~ is amended. Limitations of
Authority-Section:Ml4{l>} 105.2 is added.
Exempted Work-Section ~ ~ is amended. f<nll'il-w<k sf Q-""ty !;SoliSB
301(e) is addsd.
Section 304 !!!Z is amended bv addinll subsection 107.8 exemotinll llovemment
entities from fee oavments to reference the City's Master Fee Schedule, and to
charge for fees not contained in the UBC.
Subsection 00 108.1.1 added to Section 30a 108.1 to sSlIae iB6peolisB fer
authorize compliance surveys insoections. -
Section 1710(a) 709.4.1 amended to add an exception to the requirement for
parapets.
Paragraph l; ~ added to subsection (10) sf lteolisB 31lll;l 904.2.2 added to require
installation of automatic fire-extinguishing system in buildings greater than certain
height.
Section 3:W3 1503 amended to provide for more restrictive roof coverings.
Subsectio~ W 1511.5 and 1511.6 added to Section 3QOl IDl to require
equipment enclosures on roofs and removal of obsolete roof eQuioment.
~u.ln;emeR (0 1511.6 added to Sesb.9B :16011511 to nUluH:e r81R9.~ of oMelete
Net e'l1lipmea~ --
SlIhseeQss (e) :J:JOO.7.5 added t9 SeeQ9B <1<1Q7 to Fe'l1Hre pede&tJ:i1lll pFGteSli9B at
G9RHnla.:iSB sitaE.
TallIe )19. <1<1 ..It.. ~ alR.8Ilded. t9 speer}" peRBiu:ed 1R881Hl af prB~lidiRg petleGtliBR
,(steelieR f9l' sllQii""periolk af sSRs1roslisR at l:_:ted. height Inlildiag Q9B61RH;QaB
~
AODeJ1dix Table 29-A amended to soecifv minimum number of oubIic restroom
facilities for motor vebicle fueIioll stations and mercantile occuoancies with fuel
disvensin2 operations. .
AODeJ1dix Table 29-A amended to soecifv minimum number of oubIic restroom
facilities for motor vebicle fueIioll stations and mercantile occuoancies with fuel
disoensinll ooerations required at time of remodel. alteration or reoair.
1
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;).,0
15.08.010
Uniform Building Code, W9l1221 Edition, adopted by reference.
There is hereby adopted by reference the Uniform Building Code, ("UBe') W9l ~ Edition, and
Cha"ter, 1 (dbisiea I), 7, 11, n, J5, 49 and 55 Appendix Chapter 3. Division II: Appendix ChaPter 15: _
A endix Table A-29-A- A endix Cha ter 31 Division II and Divisio II1.f the -''.""eadi>< of that certain ~
document as copyrighted by the International Conference of Building fficials. Chapter:U 11, Accessibility
aad Chapter Jl .fthe .^""eadilt are ~ hereby exempted. Said doc ent is hereby adopted as the Building
Code of the City of Chula Vista for regulating the erection, cons ction, enlargement, alteration, repair,
movi demolition, conversion, occupancy, use, height, and are of all buildings and structures in the City.
Provid' for the issuance of permits and collection of fees erefor and each and all such regulations,
provision, enalties, conditions and terms of the Uniform Bu' ding Code, W9l ~ Edition, and ChapteR
A endix Cha ter Division II' A endix Cha ter 15' A endix
endix Cha ter 31 Division II and Divi on III sf the "'""eadix are hereby referred to,
adopted, and mea part hereof as though fully set forth erein, excepting such portions as are hereinafter
deleted, modified, r amended.
15.08.020
ended to designate Building Director as "building
Section ~ 104.2.
read as follows:
pplies in the City of Chula Vista, is hereby amended to
Section ~ 104.2.1 Ge ral. The uilding official is hereby authorized and directed to enforce
all the provisions of this code. For uch p rposes the building official shall have the powers of a law
enforcement officer.
The building official shall have ower to render interpretations of this code and to adopt and
enforce rules and regulations supplemen W to is code as may be deemed necessary in order to clarify the
application of the provisions of this cod . Such I erpretations, rules and regulations shall be in conformity --...,
with the intent and purpose of this de. The ilding Official shall be the Director of Building and
Housing.
15.08.030
Board of Appeals d Advisors-Section
alternate materi . jurisdiction on Board 0
~ 105.2 is dded.
~ amended to confer 'suitability of
peals. Limitations of Authority-Section
Section~ 105.1 0
as follows: -
la Vista, is hereby amended to read
Board of Appeals and Advisors. To determl
materials, methods of con ction and to provide for reasonable interpretat! of the provisions of this
Code, there shall be and' hereby created a Board of Appeals and Advisors con' ting of seven members
who are qualified by exp . ence and training to pass upon matters pertaining to bui 'ng construction. The
Director of Building an Housing shall be an ex-officio member who shall not be en ed to vote and who
shall act as Secretary t the Board. The Board of Appeals and Advisors shall be appointe by the Mayor and
confirmed by the Ci Council. The Board shall render all decisions and fmdings in writi to the Director
of Building and Ho ing with a duplicate copy to the appellant. The decision of the Bo is final. The
Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary
to govern construction in the City of Chula Vista.
Section ~ ~ Limitations of Authority. The board of appeals shall have no authority
relative to interpretation of the administrative provisions of this code nor shall the board be empowered to
waive requirements of the code.
-.
2
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15.08.010
Uniform Building Code, W9I ~ Edition, adopted by reference.
There is hereby adopted by reference the Uniform Building Code, ("UBC') W911994 Edition, and
CRapteR: 1 (divisisR I). 7. 11,11, 1a, 49 and 15 AnDendix Chanter 3. Division II: Apoendix Chanter 15:
Appendix Table A-29-A: Appendix Chapter 31. Division II and Division III sf lIlo ".""oAdm of that certain
document as copyrighted by the International Conference of Building Officials. Chapter:U.11, Accessibility
....01 CRa"tor n sf lIlo ".""oAdix 11I'0 !! hereby exempted. Said document is hereby adopted as the Building
Code of the City of Chula Vista for regulating the erection, construction, enlargement, alteration, repair,
moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City.
Providing for the issuance of permits and collection of fees therefor and each and all such regulations,
provisions, penalties, conditions and terms of the Uniform Building Code, W91l22j Edition, and CRapton
1 (dPri&iSA I), i\ 11, 44, 4i, 49 ORd 55 Appendix Chapter 3. Division II: Appendix Chapter 15: Appendix
Table A-29-A: Appendix Chapter 31. Division II and Division III of u.o !\ppoAdix are hereby referred to,
adopted, and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter
deleted, modified, or amended.
15.08.020
General-Section ~ 104.2.1 amended ro designate Building Director as "building
official".
Section ~ 104.2.1 of the UBC, as it applies in the City of Chula Vista, is hereby amended to
read as follows:
Section ~ 104.2.1 General. The building official is hereby authorized and directed to enforce
all the provisions of this code. For such purposes the building official shall have the powers of a law
enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt and
enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the
application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity
with the intent and purpose of this code. The Building Official shall be the Director of Building and
Housing.
15.08.030
Board of Appeals and Advisors-Section :I04{a} ~ amended ro confer "suitability of
alternate materials" jurisdiction on Board of Appeals. limitations of Authority-Seetion
204 (il) 105.2 is added
-
Section:104{a} l!!ll of the UBC, as it applies in the City of Chula Vista, is hereby amended to read
as follows:
Section :I04{a}!2U Board of Appeals and Advisors. To determine the suitability of alternate
materials, methods of construction and to provide for reasonable interpretation of the provisions of this
Code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members
who are qualified by experience and training to pass upon matters pertaining to building construction. The
Director of Building and Housing shall be an ex-officio member who shall not be entitled to vote and who
shall act as Secretary to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and
confirmed by the City Council. The Board shall render all decisions and findings in writing to the Director
of Building and Housing with a duplicate copy to the appellant. The decision of the Board is final. The
Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary
to govern construction in the City of Chula Vista.
Section :104(11) 105.2 Limitations of Authority. The board of appeals shall have no authority
relative to interpretation ~e administrative provisions of this code nor shall the board be empowered to
waive requirements of the code.
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15.08.040
.
Exempted Work-Section 3Ol{lo) ~ is amended to delete exemptions for certain types
of construction from the requirement to obtain a building permit. Standards of Quality-
Section ~ ~ is added.
Section 3Ol{lo) ~ of the Uniform Building Code as it applies in Cbula Vista shall read as follows:
Section 3Ol{lo) ~ EXEMPTED WORK. No person, firm, or corporation shall erect, construct,
enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the City of
Cbula Vista or cause the same to be done without first obtaining a separate building permit for each such
building or structure from the Building Official except as follows:
1. Fences up to 72 inches and free standing masonry walls up to 48 inches in height above the
highest adjacent grade.
2. Car.};!; aRd. planter 1JexQs \lp t9 Hl iRehes ill height.
3 2. Detached patio covers, not exceeding 12 feet in height, with a projected roof area not to
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exceed 144 square feet and at least 6 feet from any building or structure on the same
property.
4 ~. One-story detached accessory buildings, not exceeding 12 feet in height used as tool and
storage sheds, playhouses and similar uses, provided the projected roof area does not
exceed 144 square feet and are located so as to comply with the provisions of Cbula Vista
Municipal Code, Section 19.58.020.
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9~.
. 7~.
gz.
9~.
1Q
-l-l2.
~lQ.
l311.
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~!l
-l.'> 13.
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Oil Derricks.
Movable cases, counters, and partitions not over 5 feet, 9 inches in height.
Retaining walls which are not over 3 feet in height measured from the top of the footing
to the top of the wall, unless supporting a surcharge or impounding flammable liquids.
Television and radio antennas less than 35 feet in height.
Awnings projecting not more than 54 inches and attached to, and supported by, the exterior
walls of buildings of Group R-3. Division 3 or M ,\,! Occupancy.
~taBdani eleGkelier AS! ever ~5 {-eet ill height aesPQ fmish grade
Platforms, walks and driveways not more than 30 inches above grade and not over any
basement or story below.
Temporary motion picture, television and theater stage sets and scenery.
Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the
pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000
gallons.
Fish ponds, reflective pools or other decorative water containers with a wet surface area of
100 square feet or less and a maximum depth of 18 inches to the flood rim.
Repairs which involve only the replacement of component parts of existing work with
similar materials for the purpose of maintenance, and which do not aggregate over $500.00
in valuation in any twelve-month period, and do not affect any electrical, plumbing or
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mechanical installations. Repairs exempt from permit requirements shall not include any
addition, change, or modification in construction, exit facilities, or permanent fIXtures or
equipment.
Specifically exempted from permit requirements without limit to valuation are:
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a. Painting, papering, decorating and similar work.
Installation of floor covering.
e.
e-roofing buildings of Group R and M 1l Oc ancies ofless than 500 sq. ft orless
an fifty percent (50%) of roof covering r lacement.
aces. (CCR Title 24 Disabled
Cabinet work.
Outside paving ofR-3 and U Occu ancies
Access ReQuired.)
This section shall n be construed to require separate
buildings or structures on th ame property which are des
plan and other drawings.
'Iding permits for dwelling and accessory
ed in the building permit application, plot
15.08.050
Section 304 l2Z amended b
2'ovemment entities
1:!9B......:-ed ia .e URC.
of this code shall not be deemed to grant authorization
lation of the provisions of this code or any other laws or
fer the aBSY}S exempted items.
Exemption from the permit re ireme
for any work to be done in any manne
ordinances of the City of Chula Vista.
"
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1. CeasnHe
2 CeRBee..tieR&
FirepreeRRg
waivin fees for
~estieR 1Q<I(a) Ceaefal fees saall be assesssQ ia aeeafElaRse .nith the prs.;isieRs af this SeGGeR
Sf shall Be as set tem ia as fee tGhedule aEleptea lay the juFiediGtieR.
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mechanical installations. Repairs exempt from permit requirements shall not include any
addition, change, or modification in construction, exit facilities, or permanent fIXtures or
equipment.
Specifically exempted from permit requirements without limit to valuation are:
a. Painting, papering, decorating and similar work.
b. Installation of floor covering.
c. Cabinet work.
d. Outside paving ofR-3 and U Occuoancies oarkin~ surfaces. (CCR Title 24 Disabled
Access ReQuired.)
e. Re-roofing buildings of Group R and M 1! Occupancies ofless than 500 sq. ft or less
than fifty percent (500A>) of roof covering replacement.
This section shall not be construed to require separate building permits for dwelling and accessory
buildings or structures on the same property which are described in the building permit application, plot
plan and other drawings.
YAle" 9dtePi.~!ll8 exempted, separate plvSlhiRg. slesmsal and meGhaaisal peFIRitG .!r:i11 he re'lwired
fer tAg a.luv.~ eKe.plBIl items.
Exemption from the permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of the City of Chula Vista.
Sagges JOt,,,} ~taRaanlG af Q\lality. The ~tanaarQs listed helErt"laseled a "U.B.C stanaara" are
alee li&tad ill ChaptBr tit;). Palt II. an" are part sf thiG Gsds.
1. Cssecete
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_a.
U II C itsRdani ~Je 27 11, Reag~' IBHrsli eaRerete.
2 C9nRe~gnE
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TJ.lLC. S'taRclanl ~J9. 277, Wiga StFeRgth Belting
d. FiEepr9sfiag
.A_ IT]!I C. StaaElara l>Je 11 i. TRiahR8s6 alul I:h!R!lli~' g9URR.iBaRSR fer ~P(~' applisd.
Firepr99fiag.
15.08.050
Section 304 107 amended by addin~ subsection 107.8 Exceotions. WllIVUll!: fees for
Rovemment entities ts HferBllae the CitY' liastel' Faa Ssluttlul8~ _11 t9 -1..-'8 fees B9t
8Bv-:-ed is .8 \.JIC
~eacifiR 101 fir tHe Uaif9FRl Ihlwdiag Cfi~S, as it applies ia Chula '{ista, s!tall rsad ill faUSV~G.
~e;Q9R ~01(a3 C8asfal Fees ,!taU ie aSG9GliiS4 ill aetil9r4aRQe uitH tAS prs";isisRS sraiB S8QQSR
Sf shall he alii Get fena iR the fgfil sGhsliblls a~gpt9t1 ~ tIls jURIHlistiSR.
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SleetieR :iQ4(h) PSmlit Feee. The fie tel sash peRRi! shall be as Get €er:ta in the Matter Fee
Ssaed\lle. TIte detsFBliRatisa "f":ahle af yalaag,sa liBEler ~ eftheprs"JisisBS altki!; Qede shall}); maae
br the lnlilEliag eff.ieial TaB .:ahls t9 98 \tsea is Gemp\lQag the Inlildiag ,eADir md hllilliiiag ,11m rS7i9'r
fses shall Be the tela! yalU8 af aU S9RStRteQSa ,nark fef 'wltish the peRRit is issu(ut liB men as aU fmisR '("erk.
paiRtiRg, r99Mg, elfH:!t:Real, pluJBbiag, heaQRgJ air s9aditisaiag, ele.'aters, me exting\lidlmg srstems and
any et:}:u~r peRRan9Rt 8't'lipmQRt
fleetisR ~g4(e~ Plan ReT.4ew Fees. 'NIteR a flaB af ether aata He re'1'lired t9 98 sHmitted by
fleeisR 802(9), a plan re".iS'" f,Qe shall be paid. at the time af &ultmit:ciRg plans UQ speati9ati9R& fer re";i&,,!.',
Said ply re.ie~.' (.Qs &hall he 9a penu!at sf the hYilaiRg permit ~e as &h91.~ iR the )iaster Fee ~sRsdy.Is
~sstiSR dO~(d) E~iraaen sf Plan Re.iS',t. .^.fpli~aaea!: fgr "("ilish ae peRRit if: iuygd .'ithin ISO
d~'& fall~'iRg tAg date Bf applieaasR ~hall eXFKe oy limitatisR~ and plans and etAer data s\lDmitted fer
(a'i8'!.~ mar thsreafter he retunted te the applieaRt er destrsyed ofilie DuiMiRg effi,dal. Ths Buildiag effieial
may sxteat tAe time fer aeReR BY the applieRRt fer a peRed Rat sxeeeding HlQ day~ 9R reEt'lest BY the
applieaRt sRe.'qag that all 1i!KGUm!:tanees BereRd the eeRtrel sf tits apFlieaRt Rsne Frg.'eated aeueR frem
being taheR ~Js applieaasR sRall Be extenaed mere than eaee IR erder te re,iS'u aeueR eR aR applieatieR
after expiraaea, the applisaBt sRRlI reGy.Bmit plan!: ana p~' a Bet!.. plan F8';i~\' fee.
~eetieR d04 (e) Iw:estigatieR Fees: lft.7erk witheat a Peeait
1. Iw'enigaasR. ~JheRe"1}er~' ."sFh. fer ..v.hieh a permit is re'l\lired or this seae Rail' BeeR
s9BlmeRsea "(nithe-at fInt eBtaiRing !:aid. permit, a speeial iw'esBgatieB sRaD he made Bef.gre a permit
Blar Be i~!:y.ea fer SYeR merk
2. Fee fa in.:el>tigaBeR fee. in aadhisn te the peRBit &ee, GRall Be eelleeted. .'r.1:letAer ar
Bet a permit is t:Ren ar sYBse'lueRtl). iSEyea The iRve~tigatieR ~e shall he e'i\tal te the amay.Rt af
the peRRit fee re't'iirea Br thi~ seder The miRiBl\lBl iR9!el>BgatieB fee sRall Be the same as t:Re
minimym fee Get fem iR the Master Fee ~eReQ.yle The payment af SYell iw.estigatiea fse !:hall Ret
"xempt an~' perl>eR freIB s9mplianee .Jqth all ether prs.if:lisRS sf this seae Ref flam any penalty
prell'eRGea BY la'.v.
~eaieB Ag~ cn Fee Refunds Fees paid fer miersfHmiag sf Qe1i!\HBeRts ana fer ~kSRg H:stieR
Inst;nlmeRtatieR are Bet reNRaaGle
~e1i!BeR AQ4 (g) Cemplianee ~YnT~T Fee. The fee {<Sf eeRd\letiag a eemplianee sYr:e~' ef an eml>tiRg
&t:nl~y.re sRaU Be as speeitied in the Citj' sf CRula 'liE:ta Ha~ter Fee SehedHle
Section 304W 107.7 Exceptions. The United States Government, State of California, school
districts, counties, cities=;;;;d other public agencies shall not be required to pay any fees for flling an
application for a building permit pursuant to this code.
Section ~ 107.8 Retention of Plans. State b"," re'tyires (Lhe retention of plans, specifications
and permits are for the life of the building. Therefore, the applicantshall be charged a fee to cover the
actual cost of microfllming such documents as specified in the Master Fee Schedule.
15.08.060
Subsection {B} 108.1.1 added to Section d05 108.1 to ...<jUire iB""eoli9B f.... authorize
compliance surveys insoections. -==
Subsection ~ 108.1.1 is hereby added to Section d05 ~ of the Uniform Building Code, as
it applies in Chula Vista, and said subsection (h) shall read as follows:
Section ~ 108.1.1 Compliance Survey Inspection. Upon receipt of a wrinen request for a
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compliance survey from the owner and payment of the fee specified in the Master Fee Schedule, the Building
Official may inspect an existing structure to ascertain its compliance with the provisions of this code and
other applicable laws and ordinances, and report findings in writing to the owner.
~
15.08.070
lle.,gQB 1710 (a) Subsection 709.4.1 amended to add an exception to the requirement for
parapets.
EXCE nON 11 g is hereby added to subsection W g of SeotieR 1719 Su ection 709.4.1 of the
Uniform Buildi g Code, as it applies in Chula Vista, which EXCEPTION 11 g shall ad as follows:
15.08.UO ~
11 6. Conversion of existing Group R occupancies to offices.
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Su
installation of automatic fire-extinguishing
eight.
ction 904.2.1 amended adde4
m in buildings greater than
Building Code is hereb am ded, as it applies in Chula Vista,
the addition of the followinl!:
Subsection 904.2.1 of the Uniform .
!1z
Paragraph S In e building regardless 0 ccupancy, group or type of construction, when
such building is more than 0 feet or four stori or more in height.
15.08.0ll0 090 Section 3:lO3 1503 am
= =
Section 3:lO3 1503 of the Uniform B . . g Code as it applied in Chula Vista is amended as follows:
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Section 3:lO3 1503. The roof cove' g on
in Table No. ~ 15.A and as classified i Section
a minimum Class ~fire-resistive ratin
y structure regulated by this code shall be as specified
1504. Wood shingles and wood shakes shall have
15.08.090 l22 Subsectio~ ~ 15 .5 and 1511.6 added Section dCiOI 1511 to require equipment
enclosures on roo and removal of obsolete ro e ui ment.
Subsection {e}. ~ is ereby added to Section dCiOI 15 of the Uniform Building Code, as it
applies in Chula Vista, which s section {e} ~ shall read as follo
Exception: Solar collectors. Does not include structural supporting members.
ot be constructed so
Section d091(0) 151 .5 Equipment Enclosure. Operating equipm , including piping and ducts
located on the roof of a bui ng, shall be shielded from view from public thor
parking lots
as to trap flammable combustible vapors.
1~ OS.IOg
51lbsemOB (f) addsd tQ SiSsb.9B 1fiOl t9 r-e'f'lire femw.al of 9bsolete mot 8'l1lipm9ll'-.
aUSIH!ea9R (f) is herehy addsQ to SeGtisR dgQl sf the Uaif9FIB 8uilQiag Cerie, as it applies in <2iWa
Vi~ta, ~\ilish s\lh~eeti9Q en shall read as f9119'~.~:
.........
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compliance survey from the owner and payment of the fee specified in the Master Fee Schedule, the Building
Official may inspect an existing structure to ascertain its compliance with the provisions of this code and
other applicable laws and ordinances, and report findings in writing to the owner.
IS.08.070
[a mOB 1710 (a) Subsection 709.4.1 amended to add an eICeption to the requirement for
parapets.
EXCEPTION 11 6 is hereby added to subsection W 6 of ~aeaoR 1710 Subsection 709.4.1 of the
Uniform Building Code~ as it applies in Chula Vista, which EXCEPTION 11 2 shall read as follows:
Exception 11 2. Conversion of existing Group R occupancies to offices.
15.08..uo!!!!!! ~ i addad to s.eea9B ~ of ~amOB :l1I0:! Subsection 904.2.1 amended a4de4
to require instaDation of automatic fire-extinguishing system in buildings greater than
certain heighL
PaJagFapa a is here~y added t9 GU9liQEtiSR (hi sf ~eGti9R J@Q2 Subsection 904.2.1 of the Uniform
Building Code is herebv amended, as it applies in Chula Vista, ,,<hioh Paragraph 5 Ghall road III follows lu;
the addition of the followinR:
Pacagral'h 5 In every building regardless of occupancy, group or type of construction, when
such building is more than 40 feet or four stories or more in height.
15.08.0i0 090 Section ~ 1503 amended to provide for more restrictive roof coverings.
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Section ~ ~ of the Uniform Building Code as it applied in Chula Vista is amended as follows:
Section ~~. The roof covering on any structure regulated by this code shall be as specified
in Table No. ~ 15.A and as classified in Section ~ 1504. Wood shingles and wood shakes shall have
a minimum aass ::C-fire-resistive rating. -
15.08.090 lS!2 SubsectioD! W 15n.5 and 15n.6 added to Section 360lllll to require equipment
enclosures on roofs and removal of obsolete roof equipmenL
Subsection W 1511.5 is hereby added to Section 360lllll of the Uniform Building Code, as it
applies in Chula VISta, which subsection te1 ~ shall read as follows:
Section :1601(03 ~ Equipment Enclosure. Operating equipment, including piping and ducts
located on the roof of a building, shall be shielded from view from public thoroughfares, private and public
parking lots Euul S9\lRclprggt:ed. ~9 as t9 89m,l)" .~ith ilie Reise Hatem8Rt prs.i6isR& sf [eeU9R& 19.fii 010
tkRl\lgll19 fifi 090 sf the Onlla lAsts MWRieipal Celiie. Equipment enclosures shall not be constructed so
as to trap flammable or combustible vapors.
Exception: Solar collectors. Does not include structural supporting members.
15 OR 100
Sullla_sa (f) aidei te Se_sB 2601 t9 [8'1_8 I'emwal 9f 9111918t8 Rlgl .....~
~\llr68QQ9B (f) is lleJDliy added ta ~eeQ9R 4601 af the lJRif9RB IhlildiRg egde. aG it applies iB Ch\lla
\qsta. ,'ilish SHG8G9.RR (f) Ell-aU. r9a~ as falls.':s:
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gSsHeD JfiQl(f) QIHislete Reef iEl'lipmeat M:eGAaaieal 8ftUipm9at iBGhuliRg pipiag &Bd dusts
legated. sa the feaf af a hwldiRg and Be leager ia elH~raQeR GRall Be rem~.8d. k9Bl the reef.
15.01l.120
Sahseeli9B (8) a4c1ed tQ [e~9R ~~07' 19 H'I1Hre pedeslriaa pm~R at e9B&ImED9R sites
S\l9S8Gli9R (8) is hereby aaaeE! t9 SeGtieR <I <t07 efthe TJaif.eRll ByildiBg Cede. as it applies iR Cltyla
\'~ili1taJ ."0:9igb ud:u;eeaeR f:Rall reaEl as ~l1eY!:f::
Seeti.ea 1107(8) C9RS~RU~ti9R Site. .Ait~. G9Bf:tnu~ti9R ~ite .'ilereiR aB eXeaYaBSR af:l feet ~
iRass Sf Blare is dug GRall be FtUltlH-ea t9 1H! GSBlpletQ17 {.ease a aJ9\lBQ the perimeter aftAe site ..qth either
a saliEl "t'~99deR {.QaQe af "t'.gnsa v.qre tease aet lef:& than. 9 feet iB lu~ig:At Said {.ease saall he B'lUippeQ "t'it:h
gates that eaB he leektHi dm:ag f:Y.GD. peReaS BE: gSRGtl:UetisR is Bet ia pregl"fass and that said f.eR1i!8 du~1l se
apprepRatslr pestsd ..ith Be trespasEiRg f;igas, prs.Jided hS:O/.~enerJ that ~aid re'iUiremeBUi shall Bet apply te
siBgle family and malaple fami~' d".eUiRgs sf less than three \iBits ar 19 eBRsmaetiBB sites where said
eneil":aaeBs is Bet ia axi~teaee fer Blere thaa a 21 hear peRea aXeil"}QQaRS sf J (.get 6 iaehes ar BlBre an
sarll sites SRaIl BBt Be left unattended withsa1 &aB~tant:ial temperaJ;y sa9.eAag ar BarReades.
15.011.130
~abl8 )19. <t<t f. 8:IIleBded t9 ~ peIIRitted mea&6 efpl'-D"JidiRg pedeGtriaa pF9testieR for
ElleR peRecH af e9BG1:Al0R9R at 1:-:ted lltigllt lnHldiRg QaRliib.=Heli9R sites.
Tahle ~Ie <l4.^. '1'YF8 afPre1eeaeR ReEt'lirad fer Pedestrians" is hereh)' ameRdea 1e add. FeetRete
1 therete, ".v:hieh klet;Bete EaalJ reas as telle,"s'
FeatBatB l' Diles prier appreual f-sr Bwldings Bat eueeeding 24 feet is height, pret8esea may ge
I'r.'illoll .;' ,wing .oaff-elaiRg .r ...moallo. "q.OR l'aiRtiRg, .aaaelastiag, allaiRg light woight ':ORoer
af reBa".at:ing the f-aeade. CeRstmetieR time eaBBet susees. 1 g 1'.BFhiag d.~~l:.
15.08.110
Appendix Table 29-A amended to specify minimum number of public restroom facilities for
motor vehicle fuelinl/ stations and mercantile occupancies with fuel dispensinl/ operations.
Table Number A-29-A - Minimum Plumbin~ Fixtures - Add Footnote Number 7. Motor vehicle
fuelin~ stations, inclusive of mercantile occupancies with fuel dispensin~ operations, shall provide public
restrooms available to customers durinS!: hours of business operations. A minimum of one per sex. eauipped
with one water closet and one lavatorv per restroom shall be provided. Restroom facilities shall complv with
disabled access standards.
15.08.120
Appendix Table 29-A amended to specify minimum number of public restroom facilities for
motor vehicle fuelin2 stations and mercantile occuoancies with fuel disoensinR: ooerations
required at time of remodel. alteration or repair.
Table Number A-29-A. Minimum Plumbin~ Fixtures - Add Footnote Number 8. Anv sin~ular onsite
or structural remodel. alteration or repair in excess of $20,000 proiect valuation. or a collective valuation
of improvements within one vear from date of issuance of a permit fOf remodel. alteration or repair to an
existinll motor vehicle fuelinS!: station or an existinS!: mercantile occupanCY with fuel disoensinll ooerations.
shall comolv with provisions contained in this Chapter for new construction.
SECTION II.
FINDINGS AND DECLARATION
The City Council of the City of Chula Vista specifically and expressly finds and declares that the
nature and uniqueness of the climate, terrain, and location does necessitate and demand specific
7
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amendments to the Uniform Building Code, W9l1994 Edition which are noted in the Chula Vista Municipal
Code and restated in this ordinance. -
SEcrlON 1lI. EFFEcrlVE DATE.
.-,
This ordinance will take effect and be in force on Januaty I, 1996.
M:\shared\bld _ hsg\1994ubc.ord
~
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amendments to the Uniform Building Code, .w.9l1994 Edition which are noted in the Chula Vista Municipal
Code and restated in this ordinance.
SECfION III. EFFECfIVE DATE.
This ordinance will take effect and be in force on January 1, 1996.
Presented by
Approved as to form by
Kenneth G. Larsen, G.B.O.
Director of Building and Housing
Bruce M. Boogaard
City Attorney
M;\shared\b}d_~~beord
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COUNCIL AGENDA STATEMENT
Item No.:
Y'
. NO p..OOP1\ON.
v.O\NG f>i
St.CONO R ,,2;,J/5'
ITEM TITLE: Ordinance Adopting the Uniform Housing Code, 1994 Edition
SUBMITTED BY: Director of Building an(H\~siifd'V
REVIEWED BY, City M...'ll" J; ~~\ (4/5lh,Vol.' Yeo _ No AJ
Adoption of the 1994 Edition, Uniform Housing Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Housing Regulations within the jurisdictions of the County of San Diego.
Meeting Date: ~
1~1/?I4t
.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM HOUSING CODE BY PLACING THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Housing Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Housing Code
by no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in previous
year's budgets.
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ORDINANCE NO. ..U'If
.~~a
O-tb
-9~
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Q
-1-tb
-14J...oh
70~
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
AMENDING CHAPTER 15.20 OF THE CHUIA VISTA MUNICIPAL CODE
ADOPTING THE UNIFORM HOUSING CODE, 1994 EDITION
THE CITY COUNCIL OF THE CITY OF CHUIA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.20 of the Chula Vista Municipal Code is hereby amended to read as
follows:
CHAPl'ER 15.20
Housing Code
Sections:
15.20.010
15.20.020
Uniform Housing Code, W9l ~ Edition, adopted by reference.
!1allseeQ9R (a) af Section:M>> ~ amended to Designate Director of Building and
Housing ad ~ 'Building Official'.
liallseeQaR (a} af Section ~ ~ amended to Designate Board of Appeals as
'housing advisory and appeals board'.
Section 304 added to Require Annual Housing Permit.
Section 305 added to Require Housing Permit Fees to be Set by City's Master Fee
Schedule.
Section 307 306 added to Require Suspension or Revocation of Annual Housing
Permit Where Operation is Non-Conforming.
15.20.030
15.20.040
15.20.050
15.20.060
15.20.010
Uniform Housing Code, W9l ~ Edition, adopted by reference.
There is hereby adopted by reference that certain document known and designated as the Uniform
Housing Code, W9l ~ Edition as copyrighted by the International Conference of Building Officials. Said
document is hereby adopted as the Housing Code of the City of Chula Vista, California providing for the
issuance of housing permits and providing the minimum requirements for the protection oflife, limb, health,
property, safety and welfare of the general public and the owners and occupants of residential buildings in
the City of Chula Vista, and the regulations, provisions, penalties, conditions and terms of said Uniform
Housing Code, W9l ~ Edition, are hereby referred to, adopted, and made a part hereof, as though fully
set forth herein, excepting such portions as are hereinafter deleted, modified or amended.
15.20.020
liullseeQaR (a) of Section :M>> 201.1 amended to Designate Director of Building and
Housing ad ~ 'Building Offici..r.=
Section ~ 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as
follows: ~
Section ~ 201.1 Authority. The building official is hereby authorized and directed
~
1
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dg
rovisions of this code. For such purpose, the building official shall have
orcement officer.
-.,
The building fficial shall have the power to render interpretations of this code d to adopt
and enforce rules an egulations supplemental to this code as may be deemed nec sary in order
to clarify the applicati of the provision of this code. Such interpretations, rule and regulations
shall be in conformity .th the intent and purpose of this code. The Building fficial shall be the
Director of Building and ousing.
15.20.030
l>GGsGliSB (a) sf Se . on:!03 203.1 amended to Designate B d of Appeals and Advisors
as "housing advisory d appeals board".
l>\IbseotisR (a) sf Section:!03 20 1 of the Uniform Housing C e, and the title precedent thereto,
as it applies in Chula Vista, is herebyame ed to read as follows:
Board of Appeals and Advisors.
Section ~ 203.1 General. n order t provide for reasonable interpretation of the
provisions of this code, to mitigate specific rovisi s of the code which create practical difficulties
in their enforcement and to hear appeals o' ed for hereunder, there is hereby established a
Board of Appeals and Advisors consisting of en members who are qualified by experience and
training to pass upon matters pertaining to '1 'ng construction, use and occupancy of residential
structures. The Director of Building and ousin shall be an ex.officio member who shall not be
entitled to vote and who shall act as S etary to e Board. The Board of Appeals and Advisors
shall be appointed by the Mayor and onfirmed by e City Council. The Board shall render all
decisions and findings in writing to e Director of BU! . ng and Housing with a duplicate copy to .-.,
the appellant. Appeals to the Bo shall be processed in ccordance with the provisions contained
in Section 1201 of this code or i ccordance with such pro dures as may be prescribed by the City
Attorney of the City of Chula sta. The decision of the Bo is final. The Board of Appeals and
Advisors shall recommend the City Council such new legi tion deemed necessary to govern
construction, use and occ ancy of residential structures, in th City of Chula Vista.
ded to require Annual Housing Permit.
15.20.040
Section 304, and e title precedent thereto, is added to the Uniform H
in Chula Vista, which S ction shall read as follows:
Section 304ta1 ~ It shall be unlawful for any person, firm, partnershi or corporation,
either for himself or itself, or for any other person, fl11Il, partnership, or corpora n to own or
operate an apartment house, lodging house or hotel without first obtaining a ho ing permit
therefor.
Section ~ ~ The Annual Housing Permit provided for in this code shall
and payable to the City of Chula Vista on the first day of January of each year in advance. e
housing permit fee shall be paid concurrently with the business license fee.
Section 304W ~ If any person, fl11Il, partnership or corporation commences the
operation of an apartment house or hotel during the calendar year, the housing permit shall be
-.,
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to enforce all the provisions of this code. For such purpose, the building official shall have the
powers of a law enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt
and enforce rules and regulations supplemental to this code as may be deemed necessary in order
to clarify the application of the provision of this code. Such interpretations, rules and regulations
shall be in conformity with the intent and purpose of this code. The Building Official shall be the
Director of Building and Housing.
15.20.030
g........eB (a) efSection:lll3 ~ amended to Designate Board of Appeals and Advisors
as "housing advisory and. appeals board".
~"ilse"'9R (81 af Section :lll3 ~ of the Uniform Housing Code, and the title precedent thereto,
as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section :lll3ta1 ~ General. In order to provide for reasonable interpretation of the
provisions of this code, to mitigate specific provisions of the code which create practical difficulties
in their enforcement and to hear appeals provided for hereunder, there is hereby established a
Board of Appeals and Advisors consisting of seven members who are qualified by experience and
training to pass upon matters pertaining to building construction, use and occupancy of residential
structures. The Director of Building and Housing shall be an ex.officio member who shall not be
entitled to vote and who shall act as Secretary to the Board. The Board of Appeals and Advisors
shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all
decisions and findings in writing to the Director of Building and Housing with a duplicate copy to
the appellant. Appeals to the Board shall be processed in accordance with the provisions contained
in Section 1201 of this code or in accordance with such procedures as may be prescribed by the City
Attorney of the City of Chula Vista. The decision of the Board is final. The Board of Appeals and
Advisors shall recommend to the City Council such new legislation deemed necessary to govern
construction, use and occupancy of residential structures, in the City of Chula Vista.
15.20.040
Section 304 added to require Annual Housing Permit.
Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which Section shall read as follows:
Annual Housing Permit.
Section 304{a1 ~ It shall be unlawful for any person, firm, partnership, or corporation,
either for himself or itself, or for any other person, firm, partnership, or corporation to own or
operate an apartment house, lodging house or hotel without frrst obtaining a housing permit
therefor.
Section ~ 304.2 The Annual Housing Permit provided for in this code shall be due
and payable to the City ";;7"Chula Vista on the frrst day of January of each year in advance. The
housing permit fee shall be paid concurrently with the business license fee.
Section ~ 304.3 If any person, firm, partnership or corporation commences the
operation of an apartme'm"b;;use or hotel during the calendar year, the housing permit shall be
2
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.
.
prorated on a quarterly prorata basis for the calendar year.
Section ~ ~ A permit to operate and maintain an apartment house or hotel is not
transferable.
15.20.050
Section 305 added to require Housing Permit Fees to be Set by City's Master Fee Schedule.
Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Cbula Vista, which Section shall read as follows: '
Housing Permit Fees. Apartment Houses, Lodging Houses, Hotels and Motels.
Section ~ ~ The fee for a Housing Permit required by Section 304 of this
ordinance shall be as presently designated, or as it may hereafter be amended as set forth in the
Master Fee Schedule of the City of Chula Vista.
For the purpose of this section, a "unit" shall mean each apartment in an apartment house,
each sleeping room in a hotel, motel, and lodging house, and each apartment and each hotel, motel
sleeping room in a building containing both apartments and hoteVmotel sleeping rooms.
Separate apartment house building and separate hoteVmotel building, or combination
thereof, located upon a single parcel of land or contiguous parcels of land, under the same
ownership, shall be treated as one apartment house, or hotel for the purpose of computing the fee
prescribed by this section.
Section ~ 305.2 Penalty for Delinquent Payment. If the housing permit is not paid
on or before the thirtieth (30th) day of the month following the date when it became due, then a
penalty in an amount equal to twenty. five percent (25%) of the permit fee due and payable shall
be added thereto, and no such permit shall be issued until such penalty has been paid.
Section ~ 305.3 The Director of Building and Housing shall cause to be made such
inspections, at such intervals, as shall be deemed necessary to insure compliance with the provisions
of this code.
15.20.060
Section 306 added to require Suspension or Revocation of Annual Housing Permit Where
Operation is Non-Conforming.
Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies
in Chula Vista, which Section shall read as follows:
Suspension and Revocation of Housing Permit.
Section 306 Whenever it is found that any apartment house, lodging house, hotel or motel
is not being conducted in conformity with this Code, the annual housing permit to operate shall be
subject to revocation or suspension by the Building Official.
SECTION II.
Findings and Declaration.
The City Council of the City of Chula Vista specifically and expressly finds and declares that the
3
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,
nature and iqueness of the climate, terrain, and location does necessitate and del'iand specific
amendments t the Uniform Housing Code, +99-l 1994 Edition, which are noted in e Chula VISta ""'"
Municipal Code d restated in this ordinance. -
M:\shllred\bkt hsg\l994uhc.ord
Effective Date.
shall take effect and be in full force on January I, 19
Presented by
Kenneth G. Larsen, C.B.O:
Director of Building and Housing
""'"
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4
8"~
nature and uniqueness of the climate, terrain, and location does necessitate and demand specific
amendments to the Uniform Housing Code, ~ 1994 Edition, which are noted in the Chula'VlSta
Municipal Code and restated in this ordinance.
SECfION lll. Effective Date.
This Ordinance shall take effect and be in full force on January 1, 1996.
Approved as to form by
Bm~O~ T!
City Attorney
Presented by
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
M:\shared\bld_hsg\l99<4uhC.ord
4
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31
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.
COUNCIL AGENDA STATEMENT
Item No.:
7
SE.COI'lD READING AND ADOPT lOci.
Meeting Date:~
~
ITEM TITLE: Ordinance ~/'J/t Adopting the Uniform Plumbing Code, 1994
Edition
SUBMITTED BY: Director of Building anfH~~si~~
REVIEWED BY: City Manage~ ~ ~;) (4/5ths Vote: Yes No L>
Adoption of the 1994 Edition, Uniform Plumbing Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Plumbing Regulations within the jurisdictions of the County of San Diego.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM PLUMBING CODE BY PLACING THE ORDINANCE ONTHE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Plumbing Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Plumbing Code
by no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
1
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ORDINANCE NO. J.t,t/?
.~~
00
~O
~
~b
~1tQ
-"11-0
-"14>..o~
I'~
AN ORDINANCE OF THE CITY OF CHUIA VISTA, CALIFORNIA,
AMENDING CHAPTER 15.28 OF THE CHUIA VISTA MUNICIPAL CODE
ADOPTING THE UNIFORM PLUMBING CODE, 1994 EDITION
THE CITY COUNCIL OF THE CITY OF CHUIA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended shall read
as follows:
Chapter 15.28
Plumbing Code
Sections:
15.28.010
15.28.020
15.28,(,)30
15.28.040 ~
15.28.0i0 ~
15.28.060 ~
15.28(,)70
15 2R.Ogg
Uniform Plumbing Code, ~ 1994 Edition, adopted by reference.
Section :w.l ~ amended to designate building official.
llesti9B 20 :I ameo.ded 19 Aller_as CIluIa 'ij&ta's CeRami PURmt!i Pl"97W9RG
Section 30.4 (a) 103.4.1 amended to have fees reference city's Master Fee Schedule.
Section 30,4(d) 103.4.4 amended to exempt imposition of investigation fees for
emergency work.
Section ~ 103.5.6 amended to reference the city's Master Fee Schedule.
~estigB 1105 ameadecl t9 spetify 19sal-:-=-\HIl asillemial Rev.~er size.
~-<FpeBdiK C adapted 11& t=eooIBBl1}Jf~ed gyide
15.28.010
Uniform Plumbing Code, ~ ~ Edition, adopted by reference.
There is hereby adopted by reference the Uniform Plumbing Code, ~ ~ Edition, and
Appendices A, B, C, D and H document as copyrighted by the International Association of Plumbing and
Mechanical Officials ("UPC"). Said document is hereby adopted as the Plumbing Code of the City of Chula
Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water
systems, gas systems, private sewage disposal systems on all properties and within all buildings and
structures in the City. Providing for the issuance of permits and collection of fees therefor and each and all
such regulations, provisions, penalties, conditions and terms of the Uniform Plumbing Code, ~ 1994
Edition, and Appendices A, B, C (a. a g..i<lo), D and H are hereby referred to, adopted, and made a part
thereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or
amended.
15.28.020
Section :w.l ~ amended to designate building official.
Section :w.l !QU of the UPC as it applies in Chula Vista shall read as follows:
Administrative Authority.
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Section :w.J, 102.1 The Administrative Authority shall be the Director of Building and
Housing--the AuthoritYdcly appointed to enforce this Code. -"
/
15.28.040 ;m
to have fees reference city's Master Fee Schedule.
Subsection dO.4(a) 103.4.1 of
read as follows:
~ "Fees" of the UPC as it applies in Chula Vista shall
The fee for each permit shall be set forth in the Master Fee -"
15.28.050 40
xempt imposition of investigation fees for emergency
Subsection dO,4(<I) 10
read as follows:
ees" of the UPC as it applies in Chula Vista shall
Section dO 4(<1)1 .4.4 Investigation Fees.
fB Sub ction 103.4.4.1 Whenever any work for w . ch a permit is required by this Code
has been com nced without first obtaining said permit, a ecial investigation shall be made
before a perm' may be issued for such work.
Subsection 103.4.4.2 An investigation fee, in addition 0 the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The' vestigation fee shaIl be
equal to the amount of the permit fee that would be required by this Cod 'f a permit were to be
issued. The payment of such investigation fee shall not exempt any person compliance with
all other provisions of this Code, nor from any penalty prescribed by law.
t31 Subsection 103.4.4.3 This provision shall not apply to emergency work when it shall
be proven to the satisfaction of the Administrative Authority that such work was urgently necessary
and that it was not practical to obtain a permit before commencement of the work. In all such
cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable
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Section ~.12ll The Administrative Authority shall be the Director of Building and
Housing..the Authority duly appointed to enforce this Code.
15 2.lI 030
~B;ei9R 20.3 am_ded te HfeF8RGe 0HHa Vida's Ceaer:al PeBaky ~9,vi9BI
SSeQ9R 10.:) sf tile YPC af: it applisf: ia Cluda 'qsta shall reaa aG f.gll~'~'
\~9IatigR and PeRahh~s.
~e~ti9R ,20.J(a) WelseR!;. _^~ perseR, firm. Be 99t:psraG9B ~}i91atiRg 1lR~. prs.isieRS efthis
sede SRaIl, \ipeR SeWiE!S9a thereat) sltall 99 S\lBjeet 18 p\lRisameRt aG prs9idsQ fer ia CIlapter 1 20
af the Ciulla 'Q6ta ),(\lRisipal Cefiie.
iestiea 20 :l(9) PeRahies .Any peHBR, fHlB, Sf SSFfJ9FHiSR .ielating aay pFs"isieB sf 1his
laBaS sAall he deemed gailt:}' af a misQemeaRSF, an&l UpSR selWistieR thereaf, shall he }J\:lRishabla
hy a fills anEL/ef impRf:9RRl8at set f.gFth hy the gw'eFRiag h,,"s sf the j\lRsdietiBR. Ea. Geparate
dar Be any peRisR thereet, dwiRg whielt allY "'ialaQBR af tAis Cede BEleW-IS Be 99RRRU9!:, sRall Be
deemea te EeRs~t9 a separate e,ffQR5e
15.28.040 30 Section:lO <lea) 103.4.1 amended to have fees reference city's Master Fee Schedule.
-
Subsection 80.<I(a} 103.4.1 of Section 3O.4lQM "Fees" of the UPC as it applies in Chula Vista shall
read as follows:
8Q.1 (a) 103.4.1 Permit Fees. The fee for each permit shall be set forth in the Master Fee
Schedule of the City of Chula Vista.
15.28.050 40 Section 30.<1 (d) 103.4.4 amended to exempt imposition of investigation fees for emergency
-
work.
Subsection 80.<1(011103.4.4 of Section 30.4 ~ "Fees" of the UPC as it applies in Chula Vista shall
read as follows:
Section 30 <1(011103.4.4 Investigation Fees.
f+t Subsection 103.4.4.1 Whenever any work for which a permit is required by this Code
has been commenced without fU'St obtaining said permit. a special investigation shall be made
before a permit may be issued for such work.
~ Subsection 103.4.4.2 An investigation fee. in addition to the permit fee. shall be
collected whether or not a permit is then or subsequently issued. The investigation fee shall be
equal to the amount of the permit fee that would be required by this Code if a permit were to be
issued. The payment of such investigation fee shall not exempt any person from compliance with
all other provisions of this Code. nor from any penalty prescribed by law.
~ Subsection 103.4.4.3 This provision shall not apply to emergency work when it shall
be proven to the satisfaction of the Administrative Authority that such work was urgently necessary
and that it was not practical to obtain a permit before commencement of the work. In all such
cases. a permit must be obtained as soon as it is practical to do so. and if there be an unreasonable
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delay in obtaining such permit, the investigation fee as herein provided for shall be charged.
15.28.060 50 Section ~ 103.5.6 amended to reference the city's Master Fee Schedule.
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Section ~ 103.5.6 of the UPC as it applies in Chula Vista shall read as follows:
Section ~ 103.5.6 Reinspections. A reinspection fee may be assessed for each
inspection or reinspection when such portion of work for which inspection is called is not completed
or when required corrections have not been made.
This provision is not to be interpreted as requiring reinspection fees the first time a job is
rejected for failure to comply with the requirements of this Code, but as controlling the practice of
calling for inspections before the job is ready for inspection or reinspection.
Reinspection fees may be assessed when the approved plans are not readily available to the
inspector, for failure to provide access on the date for which the inspection is required, or for
deviating from plans requiring the approval of the Administrative Authority.
To obtain a re-inspection, the applicant shall me an application in writing upon the form
furnished for that purpose and pay the re-inspection fee in accordance with the Master Fee Schedule
of the City of Chula Vista.
In instances where reinspection fees have been assessed, no additional inspection of the
work will be performed until the required fees have been paid.
15 28.070
~e;QGR 1105 alR9Iuled. t9 spewy losal....:..:--um resideBtial sW.TSI' SB.
~eGt:i9R l1Q5 sf the UPC as it applies ia Chula Vista shall Teaa afl fe1l9..~tS:
SeeQeR 11 {JS ~ize af Ihli1diRg a~n~;ers. ThE! miailBliHl siae sf ~'lnHldiRg fl8'!.~er shall hE!
determined 9A the e8&is sf the tetal Rt:lBlBer sf fixture \:lBits drained by g:\lM S6'.ver, iR 8QQ9niaRQQ
with Table 11 2. r>Jg lnlilwag S8'!.~er shall he smaller than the lnlihliRg dFaiR. J:ls..ne":er, the
lBiaimYBl &iaE! BuildiRg &&"'Oer fer ~. rssiEleRtial (R) eee\IPaRe~' shall he Bst less tAaa 4 iaGhes.
15.28.08Q
Appendix C adepted at; FSQQ--eRded. guid.e.
Appendix ltC' sf YiE! TTPC 8C it applies in Cluda '~ista ,"hall Be, and. Ren~9r is. adepted 8F; a
reeemmeadea. guide fer deteRRinin.g the min.imum reE}uirea 6anit~. ~Gilities fer ".ariS\U; 8ee\lpaReies
l)er.Jiatisa Rem the speeified R\lmger ef RxtureE is fi\l9jeet te rarie'" and. pt.=ier aplueval by the .^.Elminist:fati":e
1\utherity.
SECTION II.
Findings and Declaration.
The City Council of the City specifically and expressly finds and declares that the nature and
uniqueness of the climate, terrain, location, and environment of the City does necessitate and demand
specific amendments to the Uniform Plumbing Code, W9-l ~ Edition, which are noted in the Municipal
Code and restated in this ordinance.
3
9~.5
34
M:\shared\bld_hsg\l994u~ord
Section Ill.
,.'
-..,
This ordinance shall take ffect and be in force on the January I, 1996.
Presented by
Kenneth G. Larsen, c.B.a.
Director of Building and Housing
-.
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4
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Section Ill.
Effective Date.
This ordinance shall take effect and be in force on the January 1, 1996.
Presented by
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
M:\sharN\bld J15s\1994upc.ofd
4
9"~
Approzr~~~".Q
Bruce M. Boogaard
Ciry Attorney
35"
.
COUNCIL AGENDA STATEMENT
Item No.: It}
O~"no~
~tl
G I'>-~tl
~~~~~ Jg~7
$~ITLE: Ordinance Adopting the National Electrical Code, 1993 Edition
SUBMITTED BY: Director of Building anr.:\~~{,//
REVIEWED BY, City Manag~ 'tJ ~\ (4/5th' Vote, y", No -1U
Adoption of the 1993 Edition, National Electrical Code is a routine action undertaken by
the Building and Housing Department every three years in response to newly published
Codes. The adoption of this Code is in conformance with City Council Policy 500-04 as
adopted by Resolution 5656 which endorses the establishment and maintenance of
Uniform Electrical Regulations within the jurisdictions of the County of San Diego.
Meeting Date:~
lalJ7/9r
.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1993 EDITION,
NATIONAL ELECTRICAL CODE BY PLACING THE ORDINANCE ON THE FIRST
READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1993 Edition, National Electrical Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1993 Edition, National Electrical Code
by no later than January 1, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
. year's budget.
1
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00
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G'
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA, -1~
AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ~
ADOPTING THE NATIONAL ELECTRICAL CODE, 1993 EDITION -1<b
~->,..
~.
ORDINANCE NO. .J. (, '17
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Sections:
15.24.010
15.24.015
15.24.020
15.24.~ ~
15.24.025 ;W
15 J4.000
15.J4.0J5
15 J4.040
15.J4.045
15.J4.050
15.24.~ ~
15.24.060 40
15.J4 065
15 .J4 .070
15 .J4 ,075
15.24.0ll0 ~
15.24.0i5 50
=
15.24.090 55
15.24.09li 60
15.JUOO -
Chapter 15.24
Electrical Code
National Electrical Code, :w9O 1993 Edition, and Uniform Administrative Code
Provisions for the National Electri7 Code. 1993 Edition. adopted by reference.
Advisory and Appeals Board.
Enforcement Authority - Powers and Duties of the Director of Buildinl! and
Housinl!.
Matelialo A""II>''''' R8'l......d. Section 304(a) of the Uniform Administrative Code
Provisions for the National Electrical Code. Permit Fees Amended to Reference the
Master Fee Schedule.
I)eliailiellB. Section 304(b) of the Uniform Administrative Code Provisions for the
National Electrical Code. Plan Review Fees. Amended to Reference the Master Fee
Schedule.
WareemsRt A'&Idl9~p PeVPBA BllIl Duties af ae Dil:B~ af BuHcHRg _4
Um,U,:iag
I:.iabilHy 81ul RSGp9Rsibility f9l' C9RlpHmee.
PeFIBits R-eftHireli lAnU~R.
Fe_its Net ROquKed 'W),OB.
Fe_its Awli~atieB Ce_ Re'l......d.
Previously Used Materials.
Fees for Permits and Inspections.
PeHBits )JuD aad V-aici lAntsa PSRed of 'Jaliditr Reael/lat.
I116peeb9BS.
lnsappr9l.!f!d IDBtallati9B6 Netifieab.9B RSF.ecl CgR'e~9Il.
Distribution Panels - Separate Required When.
Circuit Cards to be Posted When.
Electric Fences - Defined - Prohibited.
Phase Arrangement - Amended.
C9Blm.\lBiEaliaa ~temG Deleted.
15.24.010
National Electrical Code, :w9O 1993 Edition, Adopted by Reference.
~
There is hereby adopted by reference that certain document known and designated as the National
Electrical Code, +QJ;lO 1221 Edition, as published by the National Fire Protection Association, and includinl!
1
IlJ -I (It)' J
37
the Uniform Administrative Code Provisions for the National Electrical Code. 1993 Edition. as published bv
the International Conference of Buildin Officials a .91')' of "".iob is all m. ill tho om.. af,th. Ci13' a.rI<. """"
Said documents' are hereby adopted as the Electrical Code of the City of Chula Vista, Cali rnia regulating
the installation7 r -:r, operation and maintenance of all electrical wiring and electric apparatus of any
nature whatsoever whether inside or outside of any building, and issuance of permits d providing for the
inspection thereof.
15.24.015
Board of A and Advisors. S section a of Section 203
niform Administrative Code Provisions for the Nati al Electrical Code amended
ate Board of A and Advisors as the Board A
In order to hear d decide appeals of orders, decisions or d rminations made by the Building
Official relative to the apph tion and interpretations of this code, ere shall be and is hereby created a
Board of Appeals and Adviso consisting of seven members who e qualified by experience and training
to pass upon matters pertainin to electrical aspects of construc' n. The Director of Building and Housing
shall be an ex-officio member w shall not be entitled to vot d who shall act as Secretary to the Board.
The Board of Appeals and Adviso shall be appointed by th City Council from the qualified electors of the
City in accordance with the provis ns of Section 600 e eq. of the Charter. The Board shan render all
decisions and findings in writing to e Director of BIding and Housing with a duplicate copy to the
appellant. The decision of the Board i final. The B ,d of Appeals and Advisors shall recommend to the
City Council such new legislation deeme necess to govern electrical aspects of construction in the City
of Chula Vista.
Section 201 a Ge ral. It shall be the
enforce the provisions of is code. For such u
of a law enforcement 0 cer.
d Duties of the Director of Building and Housing.
15.24.030 20 Enforcement Authority - P
-
Subsection a of Section 201
Electrical Code amended as it a lies'
Administrative Code Provisions for the National
all read as follows:
~
1Y of the Director of Building and Housing to
os the Buildin Official shall have the owers
applianeQs Sf S'iUipment (..sURd 19 be lla~ard.9\lB te life Sf Fr9Fe~' eeea\lse ths)' are def.estively iastaUea er
Bet iu:le'l\latel~~ iRspested.
15.24.030 25
-
Matorial. ..",,,,. ..aJ RelfHEed Section 304(a) of the Uniform Administrative Code
Provisions for the National Electrical Code amended to have permit fees reference Citv';
""""
2
J~ - '/
the Uniform Administrative Code Provisions for the National Electrical Code. 1993 Edition. as published bv
the International Conference of Buildin2: Officials a Qepr sf "'higlt is 98 [Hi iR the Offisa 9f the Ci~. Clerk.
Said documents is are hereby adopted as the Electrical Code of the City of Chula Vista, California regulating
the installation: rep;ir, operation and maintenance of all electrical wiring and electrical apparatus of any
nature whatsoever, whether inside or outside of any building, and issuance of permits and providing for the
inspection thereof.
15.24.015
A...."'e<y _d '1'1' -'-Reard Board of AooeaIs and Advisors. Subsection (a) ofSectioD 203
of the Uniform Administrative Code Provisions for the National Electrical Code amended
10 desjcmate Board of AooeaIs and Advisors as the Board of ADD<!als.
In order to hear and decide appeals of orders, decisions or determinations made by the Building
Official relative to the application and interpretations of this code, there shall be and is hereby created a
Board of Appeals and Advisors consisting of seven members who are qualified by experience and training
to pass upon matters pertaining to electrical aspects of construction. The Director of Building and Housing
shall be an ex-officio member who shall not be entitled to vote and who shall act as Secretary to the Board.
The Board of Appeals and Advisors shall be appointed by the City Council from the qualified electors of the
City in accordance with the provisions of Section 600 et seq. of the Charter. The Board shall render all
decisions and findings in writing to the Director of Building and Housing with a duplicate copy to the
appellant. The decision of the Board is fmal. The Board of Appeals and Advisors shall recommend to the
City Council such new legislation deemed necessary to govern electrical aspects of construction in the City
of Chula Vista.
15.24.030 20 Enforcement Authority - Powers and Duties of the Director of Building and Housing.
-
Subsection (a) of Section 201 of the Uniform Administrative Code Provisions for the National
Electrical Code amended as it aoolies in Chula Vista shall read as follows:
Section 201(a) General. It shall be the duty of the Director of Building and Housing to
enforce the provisions of this code. For such ourposes. the Buildin!! Official shall have the oowers
of a law enforcement officer. That peHeR GRall, \lp9R applisatieR appr9.~al, graat peRRitt fer the
iRuallagt?a Sf alteratisR sf eleetrieal .'.iFiag, ds.is9G. appliana8Ei ails! 9'1\lipmeR~ uti! Gaall.alte
iaspes&D86 sf all R(H" elestrisal iRlJtallab,9Rfl aBEt reinspeeti9R& sf all eleet:Real iRstaUatieR& as
prs.;ided ill tRiG ~9E1e We/slle GRail keep Q9B1plete reGents af all peRBit.s itajW9tl, inspeggSRS 1llul
~iinGp8111tiSRS made. ud ather sftieial .'.srk pe~FIIl8tl is assal'aaSG9 mith the pFs.idsRI: sf this
Gads. Th9 J)irsGtsr sf IhlildiBg ana I=Is\lsiRg m~' dalagate pa:t.t8FG SF .tYkes 1s H.~' HsistaBt
The DHeGtsr sf RuildiRg aa.t I=Is\lsiag sRall luv'e the ngllt. "mag rsas9RHle itaYA Sf at any time
v:heR eXtl:em8 4anger SlUGt!;, ta eater any 'nlildiag iR ilia QiGGhHg9 'ilf hiG/her sffisial Q\i8es ar fer the
p\tl=pase af makiRg an iRspeekaR, remspeeQaR af teGt af tlte iRstaUakaR sf 81eetRsal ....:-Fia~ aevises,
applianses u4 8'1'lipmeat saRtaiRea thersm 'ni8 DirgGtaF efilaildiRg ansll=laYGiag GIlBY RlP'S sBe aw.dU~R\y
1S diseSRR8st BY v~re ia GaGer; af emefgiRGies ."here Reee6&a:ry ts the Gaf.ety af life af pfspaa:t:y, af "'here
Ea. .'ve may iRteHers ..Jith the ./.taa af the Fire DepanmeRt. The J;)ireGtaf af B\lildiag ansl Na\lsiRg is
authaRaed 19 4itS9RRiet af snlef QH1eeatinwanGg af e19stReal G9F'ise 1S uy sleetEiGaI .'~FiRg, 4e.ie9s,
applianGeG Sf 8...ipm8at fe\lad ts he haaards\ls talife Sf prapeFty hesa\l6e dley He d8f.eetF'ely iRtitalhul SF
Bat ade'l\latelr iRspstilted
15.24.030 2S
-
lIateRlIk !Tr ...,.a1 Re'luked Section 304(a) of the Uniform Administrative Code
Provisions for the National Electrical Code amended to have oermit fees reference CitYs
2
J/J ' 'f
"':?'.,......"
..::06
.
Master Fee Schedule.'
LilitiRg af labeling as S9Rf.eRRiRg te the stanaarali af ths U:aaePL"t=itsfs' l.ab9rat9R.eS~ IRG. sf the
\Jails'" ~tateli Burea.y. sf SitaRaanhJ Sf ether liimilar iR!>tit\lBSR sf reesgRiaiHi stanaiag BRaD he paBla files
e~JiQ8RSQ 9f s9RfgRRi~r ..qth the apprs'''EHI GtBRdarae fer E~~ te life and pr9pe~t. ~J9 elest.t:isal mBt9RaI,
RFpliaREl8S Sf e'ttlipmeRt that ages Ret eSBlply .'ith this BBstiaR libaU be iR&talled. "Nithin the City.
Subsection 304(a) of Section 304 "Fees" of the Uniform Administrative Code Provisions for the
National Electrical Code as it applies in Chula Vista shall read as follows:
15.:.!1.ll:l5
Section 304(a) Permit Fees. The fee for each permit shall be set forth in the Master Fee
Schedule of the City of Chula Vista.
Ilefilliliollll.
Fer tRe pUFjlo.e. ef tRi. ohal'ter, me fulle'l.>iRg wonl. aRQ phra.e. ,hall h",:e the meaRiRg.
respeEti.'el~' Reamed te them by thifl SeeyeR"
^
-..
Il.
e
. Il.
1>.
F.
15.24.030
"f41at1RU!Rt H9\1~e" if: a Imilwag Sf pameR thereaf tdlieh ElSBtaiRE three Sf Blere dwelling
uaitr: aBEl, {-at the p\lFp9se af this eade, iRehules resideRtial eSRdsBliRi\lBlS.
"Apprened" meanE llaQsptable te the a\tthenty sn",reiag this aRapter
"Department" meanE t:Re IJepartHU!Rt sf lhlilwRg and HeudRg
llt'ireeter ef RyilwRg and Hsu~iRt means the head sf the IJepartmeRt af RuilwRg and
HellsiRg '\lEe me"'TR a~ tlle IhlilwRg Offi~ial.
"J;l~"elliRg" i. aay buildiRg . or POrtiOR theresf 'J.4l.ish geRtaiR. Bot more maR W:o dwelliRg
~
llIJ".lJelliRg TJRitll i~ any buildiRg er partieR thereef"'Thiah aeRtainslp.iBg {aGilities, inehldiag
pre".qE;ieRS fer deepmg, eatiRg, eseHRg and sClBitatieR, aE reEfaired ~r the TJBif.eAB RuilGiRg
Cede, fer Rst mere than aRe family
c.
"EleatRQal IIl~fJeeter" means the Qireater efB1:lilding and He1:lsiRg ana,'er Rill/Ref de~igRee.
w.
"l=Ietel Betel" is a ~\:lilQing eentaiRing six Sf mere gllest Taam~ intended aT desigBed te he
1:lsea, ST 'raim are yr:ed, Ti!Rtea Sf hired But te Be eas1:lpied, Sf ~'ilieh are sQQYf1ied fur
sleeping p1:lt:ps~es hy g1:lests.
I.
"'ATsswKerkiRg Saepll (r:ee aefmiusR iR URifGRB ByildiRg Csde)
Subsection 304(b) of the Uniform Administrative Code Provisions for the National Electrical
Code amended to have plan review fees reference City's Master Fee Schedule.
Subsection 304(b) of Section 304 "Fees" of the Uniform Administrative Code Provisions for the
National Electrical Code as it applies in Chula Vista shall read as follows:
.
Subsection 304(b) Plan Review Fees. When submittal documents are reauired bv subsection
3
/~,.r
"> -'
-""'1
b of Section 302 a Ian review fee shall be aid at the time of submittin the s
documents for Ian review. The Ian review fees for electrical work shall be e ual to
of the total ermit fee as set forth in the Master Fee Schedule of the Ci of Chula V' a.
1~.2<LO:l5
uability aalt RespeRSibility fOf C9l1lr1~~Ree.
.atunl"Y., .",,<lays ....<1 Re!i<la)'s.
15.21.Q15
PeRBits Net Re'l1.liEed l}~eB.
the pts'"isisRS sf this eaEle.
eapaele af supplying mere than. eRe ]UUlarea "(.tatts af eRergy.
translBissiSR gf iRtslligeaee.
af 8El\lipm eRt.
bmittal
ercent
"'""'.
......,
F
The United States. the ~tateJ CS\lRties, aGeS, ~~heel DistFiet& aaQ ether puhlie ageReie13 shaY he
"'""',
4
II) ~ t
(b) of Section 302. a plan review fee shall be paid at the time of submittin!! the submittal
documents for plan review. The plan review fees for electrical work shall be eaual to 2S percent
of the total permit fee as set forth in the Master Fee Schedule of the City of Chula Vista.
15.11 035
Lia1riJit:y _i RespeBSibility' r9l' C9BlpJiaaQ8
Tllis GRaFter GRaD AS! ~e E!9Rr:tR19Q 19 (aligns "em Sf 18(:IHlR the fI~8P9RSiBility sf any F~' 9.'~ing.
9peraQRg. SSRtFelliRg Sf iat:talliag ~ elesHieal .~iRRg, eleGtA1i!aI asyJise Sf ele1i!tAeal mateFiab.l fsf damage
19 perseR Sf pRaPB"f eaused 'Br a&y defest therein RtU shall the Cit:,. Sf ~ smear Sf a.playas tRueef
enfBFsiag tbHi sltapter lie Rela aB a&G\UaiRg ~. SliGh liabilit~y BY [eBQ9a arme iRspesU91l6 a\lUt9neall aereiR.
ar G8Aifisate af iBtpesQ9a issued iB aesgnlaase ,"idi the prs9'ici9RG af Ulis sIlapter.
15.:11,010
Pafl8:i& Re~i YJ8SB.
.A.. ~Jg eleSbiaal viRag, d9'ieet, applianeec Sf 9Etliipm8at saaY Be iastaUed. ..ithiR Sf 98 anr lulihliag,
sti:'AlQt\lre Sf pF8mises Raf shalt ~. alteratisR file additiea be maae iB ~. !;jUgA exiBtiRg '[Hi-RRg, Qe\qSSE,
applianses at IUIUipRH!Rt .dtRaut arst ses\lRRg a peFBlit thereferH:sm the DepartBleRt sf RttildiRg and
I=IS\lSiRg, exsspt as 6~teQ is. ~SSQ9R Ii .24 Q4i
R. PeFIBits GRail 99 shtaiaea eefers v.psFk is l::taFtea, exes,t iR sases 'to'kere emergeRgy sr \lFgBRt
ReeeGsity SaR lJe sk9"'~ te Bnist, ple"iaea a peRBit is sBtaiRea .,pithin Pi"eRty feW" AGars exGl\lsv's ef
~at\H'd~f6J ~1IR1la:f' ad Rslia~'s.
C PeRRilI; fer pRPJatety S1''tlBa sSR4-y.hs Sf stAer mateaalli iR ana aeress E.~eets and alteyE. may lJe
il::!i\lBQ emy aft@!" apprs"'al Ras BeeR granted BY the IJirester sf P\lBlie lA1SFh& fer tlte iRuaYa.1iisR.
15.:11,015
Pen&i& Net R8'1.'ainul ~~eR.
."t. Ne peRRit GaaY Be re'tQirea fer miRar repair mark, 6ueh aEi rSIUH-AIlI R\lSA sr GRa, In'itehes,
replaeiRg ~es sr repairing lamp seskets aIld FeeeptaGles, pnv:idiRg &UeA 1ueFk iG aBRe is. aSGSFdaR99 ",ria
1:I:1e prs"iGisRs at this esda
B. ~19 ptHait sRaIllJa rBEl\lirea f.er tAe replaeemeRt sf lamps sr the s9RReeti9R sf pSFtHle appliansel::
ts &uitasle Fl!EeptasleG ,"aisk ltar~ BeeR peARaneRd~' iRstaUeQ.
C. ~Js pSABit sl:lall he r9't'lK9Q far tlul iastaUaQaRJ alteratisR sr repair af "\iRRg, ds~iG8&, &ppliaaS9fI
sr e(fJipBl9Rt fer ae aperaQaR sf sipal.G ar the 1ranEimiGdeR af iRtelligeRsB, Ret iRsl\l.HRg as seRtI'a} sf
ligRliRg er arpliaaee eirevite, "i:lsFe ,\leA .'~RRgJ 4&"Jises, applianees sr a'f1ipmeRt apeFat8 at a "'shage Bet
exsesdiRg t1.'ge&tl. W~8 "~9h6 liae1?inSeR 99RIkt;t9Ri &ad d9 Bet iReudB geReraQRg sr tEiuuifeRBmg 8'l'lipsUlRt
sarabia af suppl~gg m9FB titan QRelulRdred 1"a~s sf eRer-gy
&to ~Je p8H1lit ll11all ge rSG(U.irea fer dle iRetallag,sR, alteraQaR ar repair sf etes&:igal ".~FiRg, IIS'".4;86.
appliaRses alul e'IUipJl1eRt iR6taYed hy ar far a p\l9H; sepias S9FpsratiBR iR tAg aperaci9R af &igr...l~ sf
1iFaASRlissisR sf iBtelligeRGg
i ~Je ,BARit 611all Be reG(U.ired fer die instaUauaR af t9Rlp9ra~ "'~R.Rg ~r t8SQRg e19MGaI appiHrHuS
af e'lt.lipm SRt
F '],:he YRited. S'tatsG, tits itata, Ce\lRaeS, <;ilis" isRaal ];)ismstfj aDd ather ,\lhliti! ageR9lss shall 98
4
JtJ--t
4D
.
.
.
Bn8mpt KaBl p~"IB eat af fees.
15 :!4.1150
Petmill; ~~eati9R CuBle&lS Refluinul
:'~pliQaQeR tef a paRRit, ae!:mhiRg the mea t9 he deBS, sRall he maQs iR ''':q;itiRg ta the Direeter
efRuildiRg us. l=IeusiAg. The applieatieR shall Be aeQ9mpanied BY GUsh plans, speeiRsati9Rs mEt sshea\lles
as m~' 98 R'HH!GIHl~' ta dsteRlliRB ",metRae the installatisR as desGRh8a win he iR gSafaFBlity vith the
rS'lUirsmeRts sf the E19de. If it diaD he f9\lRQ that the iREltallaa9R as desa:ibed. .'~ll geRerally e9Rf9RB .'rith
the rS'Ivil'emeAts sf this seas, and. if the applieaat has eSBlpliea ".\ith all af the prs.iElisRlil sf ail; ssde, a
peRRi! ~r suGh iRttallak9R dlall he issyed. Prs.iaed, a9We'l"JSr, that the iss\lanQs af the peRRi! shall Bet he
takeR BE peRBissi9A 19 .qulats ~ sf the re'l\liremeRts sf as seae i\Fpliem9Rs ~r permits fgr eleGtFieal
mstallati9AG 'wAsre the sspies eapaeity exeeeas ~'Ya lum.ared amperes saall ~e asggmpaied BY ~'.Ya sets af
ele~~alliRe drw'QRgs ad laad and distris\ltiaR saleulatiaR~ l;a9..\iRg seF.liee pael ad ~raRsh panel
eapaeitis(; and lasati9RB, fieF.liee tn'itea and Braneh S~!.itah eapaeitieB, eeRduit and feeder siles
15.24.01>& 35 Previously Used Materials.
previously used materials shall not be reused in any work without approval by the Director of
Building and Housing or an authorized deputy.
15.24.0c;0 ~ Fees for Permits and Inspections.
A.
Fees for processing and inspecting electrical permits shall be specified in the Master Fee Schedule.
Note: Ampere rate shall apply to the secondary side of the transformer or transformers.
R. ReinqU!stieRs. .^. remspeetiaR fes ma;' be a(;~ssBsd fer sash mspestisR sr rein&peeaaR .'yllieh ~\lsR
pameR sf".\'ark fur whieh iaspeGt:1.eR is salled is Rat semplete Br wheR eaFreetieas salled f.gr are Ret made.
This s\llu;eeBaR is Rat ts lJe iateFfreteri at re'tUiriag reinspsstieR feel; the fu:st time ajaB is rsjested
f.gr fail\lre ta sampl~' .'.ith the re'l\liremeBts sf this eerie) lJ\It as esakelliRg the praetiee sf salling fer
iRspeeaeas Befere tke jell is reaar €sr suah iaspeetisn sr reinsf'estisa.
RemspestisR fees ma~' Be as~e&sed .\YBea the peRRit sara h: Rst pfapeFl~' ps!:ted ell the "rer..J.~ ~ite,
the appre.'ea f'lans are RSt eeadil~' w'ailaele t9 tlle ileetFieal IR~pe~er, f-Be failure te praTiee aeeess e8 the
date fer ....hish iRspeetisR is re't'lested. se far deHiating frsm plans re'l\lmRg the appra"~l sf the ByildiRg
OmeiaL
In instanees waere eeinSf'eetieR f.ees Ral'e BeeR a&&es&ea, Be additisRaI iR&peetiaR af .'Y9Flt Tf~ill be
peFf.eRBed \latH the ee'luil:ed f.eeB luv'e heeR paid.
C. IRPestigatieR Fees 'J1sfk 1Mitheut a PeRBit
1. IRuestigatisR lVReRiP'er aR~' 1~'erk f-Be u'aieh a permit i& IQ'tUireEl BY this Eeae RaE: eeeR
eSHlHlQRSea mitae"t first 9~taiRiRg E:aid. peRBit, a spesial iWlestigatiaR saall ~e made befere a permit
may be issued fer suea ~"eFlt.
2. Fees. In in.:estigaQeR fee. iR 8aditieR ta the peFlBit feQ, shall he ealleeted ~:.iiethQr sr net
a PQrmit is then sr sub~e'l1deRtl).' iE:(;uea. TaQ in.leE:tigatieR fee shaY Bet e}(l;,eed. tke ameuRt af the
5
;tJ~?
41
peFBlit re'l1:l~eQ hy the Master Fee Seluul1:lle The par-meat <elf flush ia.refltigatisR fee shaY Ret
exempt any IHilFSSR f-erm eempliansa urith all ether preuiE:i9Rfl ef this seda Rer frem ~. peRal~'
preseReed by la.v- /
-...
eRe yeai'.
15.21 Q7Q
IBopel!lio.....
-...
Ii1:lildiag ana l=Ie1:lsiag Sf his/her designee.
15.24.080 45 Distribution Panels - Separate Required When.
-
Each store in a store building, each flat in a flat building, and each building used as a welling shall
be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power
distribution panels. Such panels shall not serve other portions of the building. Hotels, motels, hotel
apartments and similar types of buildings may be wired from one or more distribution panels.
-...
6
/tJ ~ 'ir
IH!FRlit AHI\lired BY tAe Ma[;tef Fee ~Qheawle. The pa;,'BleRt 9f sush iw:euigaQ9R f.ee GRaY R9t
exempt allY pefS9R (SRB ~empliam~e with all stasr pIs.isisREl sf this sede Rer €rem anr pSRalty
presGRlu!lillliy lw:',
15,24~5
P8ABitl 1'''111 Blul V.eid ~r.h98 PeRsd sf Validity ReBemal
.A. ExpiFaR9R EaM peRBit issued 9~' thelhlildiRg Offieial WAaer the IJI91ASisRS sftRis sade f:haU eUfirs
hrlimitatieR aad lleGame Rwll ana "sid ifthelniilEliRg 9r":.sIk aw.tRaRzed hr f:\lsR peRRi! if: Rat G911lIReRGed
..Jithia liO day<< sfdJ.e Elate af S\lS1. peFBli! sr if the lnlildiRg Sf t'r:SRt autheRzea hy fal. peFBlit is sUEipeRde4
sr ahaaQeRell at anr time after the ,"eRt is GBmmeRGed fer a peRBII sf liO days, 1ftJSRt far ".Ria as
iaspeali9B appFWral has Bet heeR 99talRe4 sRall lJe 2aRsillered s\lspeREled Refere sym ....ark san lJe
J"e"allllReRg9d~ a R1F!! peRRit shaU Be HHt 9BtaiR94 aad tlte f.ge EaalllJe eR9 half the alR9\lRt re'l\lireQ f.er
a Rev~ peRRi! fer 8Hm v'aFl~ prs.iaed RS Manges Rw:e heeR made af ...qll ire Blade iR tha eRgiRaI plans ana
spesmaatiaRG M sum ....eFtt and pfs"ided fwnAer that f:Y.aR S\lspeRsieR Sf aBaRQSRm8Rt lias Ret eXS9aa9a
SBe yeaF.
i SUf:pSR&iSR Sf Rs,tSeatl9R The RlcIildiag Offieial BHl~' iR ".vt:itiRg G\lspeRfli af re"~ks a p,n_it if:f:\te€l
'UHler PI9"isieBfij af this Gsde 't"ReRever the peRRi! iSE.:\lea iR Sffar SR the BasiG af iRGeR'S"t iRf.eRRatleR
supplied sr iB vielati9R sf allY SrQlRaIlee ef regulas9R sr ~. ef the pIs.isisBS sf thi6 seae
15.:A4 O?g
IAspegcieM
All eleEClisal marIt ~r ..itiGh a peRRit if: IS'll1H:ed shall B9 sUBjeet ta iREipsetieR BY lite Direster af
lhlilding aad W9UsiRg sr hk/R8r aQsigaee.
It sliaJl lie the a~. af lite peF6eR dsiRg the 't~.9Fk auth9Rl!ea hy a peRRi! 19 Ratify lAg Depar,tmeRt
sf IhHldiRg and W91i6iag that f:Y.eh 't~.eFlc. is fea~' ~r iaspeGtisR.
It GAaJl1Je the autr af tits peReR fe'iUeGtiRg iaSpeetlSR re'l\lireQ BY this Gsse ta pre.ida RGGaSG te
and BleaRS far pl'aper iRSpeetl9a af SHaR "'~aFll.
The EIII ;CIi"allRfilpeatar shall hewe the awthsRty ta re't'iire feme..alaf any sBsllF\letl9a that prene,,"
prep.. iRspee99R sf an~' BleetRGal v.srk.
15 1~A)75
DU;appre'~sd IBstalla1ia&l Neti.fiGa1i98 R-e'tQiFed CeR'SGD.9R
If upa. _,pestieR. lAs iRs!allatisR if Rat fe\Hld telJs iR full 9SRfeRRaRGe .'ith ths pra'"isi9RS sfaiB
GeEle. the ihellisal IRspeatef shall at aRGS Ratif:r the peRiSR mahiRg the iRstallatisR, GtatiRg the IIsfeets
"'^~i. ha".s h1!UR falHld 1S exist All de~stfj saall Be G9HeeteEl "J~thiR teR days HtSf iRfilpeea9a iHlliI
RsRfieataaR, ar ,~ith.iR ather Fea6sRahle time a peRBitted iry the EleGtFiGaI IRSpeatar,
15.24.080 ~ Distribution Panels - Separate Required When.
Each store in a store building, each flat in a flat building, and each building used as a dwelling sball
be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power
distribution panels. Such panels shall not serve other portions of the building. Hotels, motels, hotel
aparunents and similar types of buildings may be wired from one or more distribution panels.
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15.24.035 ~ Circuit Cards to be Posted When.
When requested by the Director of Building and Housing, a complete schedule of circuits showing
the number, kind and capacity of each oudet on each circuit shall be posted on each job prior to rough
inspection.
15.24.090 ~ Electric Fences - Defined - Prohibited.
A. As used herein, the term electric fence includes all fences which in any way use electrical energy
as .an additional deterrent or .have wires charged with electricity which are not covered with adequate
insulation to protect persons and animals coming in contact therewith.
B. No electric fence may be constructed, maintained or operated within the City.
15.24.()ljllj ~ Phase Arrangement. Amended.
Section 384-3(f) of the -lJ)9O ~ National Electrical Code is hereby amended to read:
Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to
back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard. The C
phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-connected
systems. Other busbar arrangements may be permitted for additions to existing installations and shall be
marked.
1521.100
C981lllllDiem9B SyEtems I}elated.
Caapt., g sf th. 1999 NatieBaI El.etrieal Cea. is h.r.ey a.l.t.a.
SECfION II.
Findings and Declaration.
The City Council of the City specifically and expressly finds and declares that the nature and
uniqueness of the climate, terrain, location, and environment of the City does necessitate and demand
specific amendments to the National Electrical Code, -lJ)9O ~ Edition, which are noted in the Municipal
Code and restated in this ordinance.
Section Ill.
Effective Date.
This ordinance shall take effect and be in force on January 1, 1996.
Presented by
A_Z~;~..,Q
Bruce M. Boogaard
Ciry Attorney
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
M:\,$hared\bld _ bsg\ 1993nec.ord
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COUNCIL AGENDA STATEMENT
Item No.: II
....I"'......'ot'l Meeting Date7:tfl,/95
D\~(' ~.,... 0 17 /4?'
ITE~~iJ)tl@: ~t.1l' Ordinance.z "t/~doPting the Uniform Mechanical Code, 1994
9l"" Edition
SUB:ITTED BY: Director of Building anrlo~u~
REVIEWED BY: City Manager JG\ ~~\ (4/5ths Vote: Yes No .lU
Adoption of the 1994 Edition, Uniform Mechanical Code is a routine action undertaken
by the Building and Housing Department every three years in response to newly
published Codes. The adoption of this Code is in conformance with City Council Policy
500-04 as adopted by Resolution 5656 which endorses the establishment and
maintenance of Uniform Mechanical Regulations within the jurisdictions of the County
of San Diego.
. RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM MECHANICAL CODE BY PLACING THE ORDINANCE ON THE FIRST
READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Mechanical Code. Members of the architectural,
engineering and construction community were invited for their applicable comments.
No objections were received during the Public Hearing regarding the adoption of the
code.
DISCUSSION: As mandated by the Building Standards Commission, State of California,
each jurisdiction within the State shall adopt the 1994 Edition, Uniform Mechanical Code
by no later than February 23, 1996. Jurisdictions within San Diego County have met
collectively to discuss suggested modifications to the code with members of the
architectural and engineering community during monthly meetings of the San Diego Area
Chapter of the International Conference of Building Officials. As such, this process
recognizes and promotes code uniformity throughout the jurisdictions within the County
creating a positive professional environment among all code users.
.
1
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Council Agenda Statement
Uniform Mechanical Code
/1
Item No.:
Meeting Date: 10/10/95
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
KGL:yu
(M:ISHAREDIBLD-HSGIA 1131094.UMC)
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AN ORDINANCE OF THE cm OF CHULA VISTA, CALIFORNIA, '0-1,
AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE '}6 .
ADOPTING THE UNIFORM MECHANICAL CODE, 1994 EDITION -1<b..o
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ORDINANCE NO.
.<~ljr
THE cm COUNCIL OF THE cm OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That Chapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as
follows:
Chapter 15.16
Mechanical Code
Sections:
15.16.010
15.16.020
15.16 Q3Q
15.16.040 30
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Uniform Mechanical Code, W9l !22f Edition, adopted by reference.
Section ~ ~ amended to designate building official.
[eGlioB 202 aIR_dad ts illeRtify addi1iaaal u_......~'9 e'luipBl~
Section :w3W !.!!!J. amended to confer "suitability of alternate materials"
jurisdiction on Board of Appeals.
Section 304 ill amended to specify local fee structure.
15.16.~ ~
15.16.010
Uniform Mechanical Code, W9l1994 Edition, adopted by reference.
~
There is hereby adopted by reference, that certain document known and designated as Uniform
Mechanical Code, W9l ~ Edition and Appendix A, Chapter ~ }g of Appendix B, And Appendix C
thereof as copyrighted by the International Conference of Building Officials ("UMC"). Said Document is
hereby adopted as the Mechanical Code of the City, providing for and regulating the complete installation
and maintenance of heating, ventilation, cooling and refrigeration systems, and providing for the issuance
of permits therefore, and each and all such regulations, provisions, penalties, conditions and terms of the
Uniform Mechanical Code, W9l1994 Edition and ^ppeRai.es Appendix A, Chapter 13 of Appendix Band
Appendix C thereto are hereby referred to, adopted and made a part hereof as though fully set forth herein,
excepting such portions as are hereinafter deleted, modified or amended.
15.16.020
Section ~ 108.1 amended to designate building official.
~
Section ~ 108.1 of the UMC as it applies in Chula Vista shall read as follows:
~
Section ~ 108.1 General. The building official is hereby authorized and directed to enforce
all the provisions of th~e. For such purposes the building official shall have the powers of a law
enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt and
enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the
application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity
with the intent and purpose of this code. The building official, herein referenced, shall be the Director of
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Building and Housing.
rc!erreGt er a1;rate tae T'ielatiea.
15.16.04Q 30
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Section~ 110.1
Board of Appeals==:--
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ility of alternate materials" jurisdiction on
Section ~ 110.1 of the
=
Section ~ ~ B ard of Appeals and Advisors. To dete ine the suitability of alternate
materials, methods of construe' n and to provide for reasonable interpretati of the provisions of this code,
there shall be and is hereby c ated a Board of Appeals and Advisors consistin of seven members who are
qualified by experience and aining to pass upon matters pertaining to mechanic design, construction and
maintenance and the p ic health aspects of mechanical systems and who ar ot employees of the
jurisdiction. The Director of Building and Housing shall be an ex-officio member wh hall not be entided
to vote and who shall act as Secretary to the Board. The Board of Appeals and Adviso hall be appointed
by the Mayor and confirmed by the City Council. The Board shall render all decisions d findings in
writing to the Director of Building and Housing with a duplicate copy to the appellant. The cision of the
Board is final.
15.16.llSO ~ l>eoQ9B 3Q1 Subsection 115.1 amended to specify local fee structure.
l>e1!ti8R 3Q1 Subsection 115.1 of Section 115 of the UMC as it applies in Chula Vista shall read as
follows:
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Building and Housing.
15.1fi.010
SeC!lisB 202 am.uled 19 ideBlifr a..tfilitisBalllRsafe e'f'li'IB8IK.
~eQti9R 201 sf ilie ttHC RS it applil~& in Ciulla 'qeta [RaU read as f.el1B"~6:
~8sB9R 202(8) 1 TRlJafe EEl\lipm8Rt. :'..DY B'l'lipRlBRt regulated \J~. tRis Gada, ,"hiGh is UR&ah
Sf 't'~Aieh e9B!;~teG a &8 Sf kealth haaanl Sf is ether 'hiss dlHlgeF9\lS 19 k1HBaIl life is. fer the
P1UpSG9El aftltiG [BSkSR, \lRsafe ~y \l69 at 8'1'lip1ll8Rt fegulatedllr this 9948 9SRStltu.tlRg a I1Hanl
t9 6afe~.. llealtll Sf paglia '''sItars llr reHeR sfiaR,le'l\lat9 maintealilRQ9, dilapiclaliSR, S\tli919ss8Reet
fire RHant. QH1aster, damage Sf ReandsRRl9Rt is, fer !hili: p\lFp9&9 armis GS9liSR, aR \lRSan usa AA}'
swelt uRsafe 9'lllipRleRt is hereby d8~lared 19 be a pHIllis Rwisanee Mul Gltall 99 abatsd BY repair,
rsaaeilitatisR, demslitisR Sf F8Blsual iR aeesrdaRs8 with prses,hu8s Get f..ertk in the lJ'Rifg.. Ceds
fGF Yi8 ."JiatsmeRt ef Dangere\l6 RuildiRgtl as adepted hr URifeRll RuildiRg Cede. [asQeR 20:1 as
amsRaed .\6 an "altem8tio's, the iuildiRg Offigial sr ether emplersa eF effieialeflltls jURlaHatisR
as desigaated h}' the ge.oSFRiRg geEly may iRUituts any ether apprepFiate aetieR t9 lue,osAt. re6kam
seRBst sr abate the "ielaQeR
~8Gti9R 202(b) i~uipmeRt iRg}e~ur9 OpeFaQRg 8'l1J.ipIB8Rt iReI\ldiRg pipiRg an.! dyets:
legate a 9R the rsef 9f a bYildiRg shall he shielded flem ,ie'" frem pw.blis tBef9\lghfaF8S. pW~t9 anlii
publia paRQBg let6 and seuRdpree€9~ 5e as t9 e9IBptr te tlte 1l9iE:e aSatBIB9Rt pFevisisRs sf ieetieR
19 ~R.919 tM9\1gh 19.fiR 09Q eftBe Ckula '.qeta }{\lRieipal Cese &'l\lipIB8Rt 8Rel9S\lreS diaD R9t
Be Q9Re~etes &9 a€1 t9 tAp QRm.asle 9r BeBlBu[jQBle .'aper&
EXCi.PTIO~J: ~91lH' <:al1eetsFS gee!; Bet iasluae E:tnletural Ulpp9FliRg memse"
~eeQsB 202(~ OBsslete and 1:IB\lsed el:}Uipm8Bt. iReludiRg pipiRg uuf Que" lesated 9R the
reef sf a hmldiBg and Be lSRger iB eperaQeB &1:11111 Be rems.'ea frsm tlte reef
15.16.040 ;!2 Section ~ JJ.2J amended to confer'suitability of alternate materials' jurisdiction on
Board of Appeals.
Section ~ 110.1 of the UMC as it applies in Chula Vista shall read as foIlows:
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Section ~ 11 0.1 Board of Appeals and Advisors. To determine the suitability of alternate
materials, methods of co~ction and to provide for reasonable interpretation of the provisions of this code,
there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are
qualified by experience and training to pass upon matters pertaining to mechanical design, construction and
maintenance and the public health aspects of mechanical systems and who are not employees of the
jurisdiction. The Director of Building and Housing shall be an ex.officio member who shall not be entitled
to vote and who shall act as Secretary to the Board. The Board of Appeals and Advisors shall be appointed
by the Mayor and confirmed by the City Council. The Board shall render all decisions and findings in
writing to the Director of Building and Housing with a duplicate copy to the appellant. The decision of the
Board is final.
15.16.0i0 ~ gS....SB 30~ Subsection 115.1 amended to specify local fee structure..
SSoQ"R 301 Subsection 115.1 of Section 115 of the UMC as it applies in Chula VlSta shall read as
follows:
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Fees.
~eoti.R 394 (a) Subsection 115.1 General. Fees shall be assessed in accordance with the
Master Fee Schedule of the City of Chula Vista.
SeeBeR 8Q4(9) 115.2 PeRRi! Fees. The ~e fer Bash pSFBlit shall he as set f.9~ is the
Master Fee SeaeElule sf th;'Chr sf Chula Vista.
SeetJ.8R aQ4(e).u..u Pla:R Rs".ie:-x Fees. 'MAeR a plan ST ether data are re'IY-Ked 19 be
s\lhmitted by SeekeR 802(9) l.lll, a plan re"}iew fee shall. he paid at the time sf 6\lBRlittiag plans
aRe speeifieatisRs fef [8:"18.'. The plan re.Ji&,":. fees fer medtanieal mark sllall be 8'1'lal 1925 pereeat
af UU! teta! p8FBlit fee as set fg~R ill the Master Fee Sehea\lle sf the City sf CAuls '&(:ta The plan.
F1Pi~.\" fees speeitied in thi& ~\tbseetieR are separate fees frOHl thepeFIBit fees speeified is SeeBeR
804(a) 115.1 aad are is aaalY9R 19 the permit fees.
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~JheR Flan~ are iReemplete Sf eRaRged 69 as 19 re'luire adGitieaal plan re"Jie.'"N, an additisRal
plan J;1pi~N fee shall Be eharged at tile rate she1sR iR the Hal:1ter Fee ~ehea\lle.
SJeegSR ~Q4(d) 115.1 EXfliragSR efPlan R,pie.'~ ^pplisatieRE €sr"'(paidt as peRllit is iss\lea
"'(.tithin IRQ da:,~s fsllewr;g=the date ef applieatiea GRall expire Br limitagsa, ad plan!> and ether
data fi1\lBmitted fer re'i~'. mar thereafter Be remmed 1a the applie~a1 ar denreysQ s~" ths 1nutweg
eff.iaial Tae lnulwag eff.isial ma:,. exteRd the lime fur aeliea sy the applieant fur a pease aet
exeeeding lR9 da:,ts upeR re'l\lest B;,' the applieaRt sas"J.iag that ein~umstanee& ~eyead the eeRtfsl
Bf the applieaat aw.~e In~e"eatee aEgeR hem beiRg takeR. ~Ja applieatiea I:1Rall Be exteadea mere
thaa eRee. la anler ts reae"r aegeR ea an applisagsa after eJ'Firati9R, the applieam shall reS\lBHlit
plans and P9?' a ae'" plan re,iew fee.
.
SJeenea ~Q1 (e) ~ Iw:eEtigatieR Fees" lATeR<. "'Qth9\lt a Permit.
1. IRvestigatiea. 'U'lleRe".er any "J:erk fur ",'.itidt a peeait is re'}Uired by this seee has
BeeR esmmeRaed "("itha\l! fir!::! estaiaiRg Eaia peFIBit, a spesial iwteBtigatieR shall
se made bef.sre a peRRit mar Be iSEued f.sr EliGh "J:8Fh.
2. Fee. .^.n iB?lestigatiBR fee, iR aliiwt:i9a te the peRRi! fee, shall Be saUeatee whether
ar aet a peRRit iE theR ar S1aBSe'iueR~' issuea. The iaresRgat:iea fee Eaall he eEtYal
te the ameNRt af the peRRi! fee that "("ayld be r.e'l\liree hy this aeae if a permit
".'ere te Be issued. The pa:,1IleRt ef sueR iRUe[;tigatisa fee Ghall aet exempt a~'
peFG8a frem eempliaRee .,"ith all ether prs".isieac sf !hiE: eede sr frsm anr peRal!:,"
preserihed B~'lw..
~.GliQR 394(f) llU Fe. R.fuRd,.
1 S;eetiea 115.9 The 1Halwng effieial ma;,' il-y.taaR:!e the refuRwRg sf an~: fee }laid
aeretmder 'rhicl1 "'~a~ eR9aee\lsly paid ar eaUeeted.
:2 iUGEeetisR 115 6 1 Tae 9uilwRg sfHsial may a\ltBerize refaRwag fir net msr,e
than RQ per~eBt sf the permit fee paiEl when nB meFk haE Beea deae under a permit iEsaeEl
iR aeGerdan~e "'ith this eade
.
~. ~aG[;~H3tiea 113 e 2 The 1:aaIding effidaJ ma~' a\lthsaze refuRwRg Bf Bst mere
than Rg pereeBt af the plaa revie'.)' fee paid "Nhea HI. aFpli~ati9R fer a peRRit fur "'~aiGh a
plan fg".'-iS''' fee aa!> seeR paiEl is "rithElr,w/:a er eaneeleEl ~er-ere ~. plan nnqe," eff-ert aal:
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"eeR eXfloRded.
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SUB~e~tieR 115.9 J The ln1:ilwng efti"dal sRall Rat autherize reroadiRg sf ~~ fee
"aid e"~e"t ""aR "",tteR afl"li~atiaR tiled "I' the arigiaal"eRllittee Rat later thall 180 d"l'S
SECTION II.
INGS AND DECLARATION.
The City Council of ill City of Chula Vista specifically and express fmds and declares that the
nature and uniqueness of the cli te, terrain and location does necessitate demand specific amendments
to the Uniform Mechanical Code. 1994 Edition which are noted in th hula Vista Municipal Code and
restated in this Ordinance. -
SECTION III.
Approved as to form by
,ru~~~: ~
City Attorney
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This Ordinance shall take effect
Presented by
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
M:\shllred\bld _ hst\1994umc.ord
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li\lh~eGtieR 113 ~.~ The hYilSiRg effieial Ghall Rat 8utlleFiae refuRSiRg ef aR)" fee
paid eXQept \lpeR .!~tteR applieaBeR filed. \Jy tile eFigiRaI peRRittea Ret later lhaa 1@g d.~~s
&her the aats ef ~e p9l;:meRt
SECfION II.
FINDINGS AND DECLARATION.
The City Council of the City of ChuIa Vista specifically and expressly finds and declares that the
nature and uniqueness of the climate, terrain and location does necessitate and demand specific amendments
to the Uniform Mechanical Code, ~ ~ Edition which are noted in the Chula VISta Municipal Code and
restated in this Ordinance.
SECfION III. EFFECfNE DATE.
This Ordinance shall take effect and be in force on January 1, 1996.
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
Approved as to form by
~=.~ ~
City Attorney
Presented by
M:\shlred\bld_hst\l99<4umc.ord
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COUNCIL AGENDA STATEMENT
Item No.:
1;2..
\NG ~Nl) ~DCl'i\O~ Meeting Date:~~
NO Rt"'O () '17
~~CO ~~rf.
ITEM TITLE: Ordinance Adopting the Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition
SUBMITTED BY: Director of Building and 'Hous'
I
REVIEWED BY: City Manageltt ~..--, (4j5ths Vote: Yes _ No.lU
This action is being taken in response to the recommendation of the City Attorney's
Office to provide specific procedures to follow in abating dangerous buildings throughout
the community. This is one of the Model Codes adopted by jurisdictions in the San
Diego County area.
RECOMMENDATION: THAT THE CITY COUNCIL ADOPT THE 1994 EDITION,
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS BY PLACING
THE ORDINANCE ON THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION: The Board of Appeals and Advisors at
their Monday, August 21, 1995 meeting unanimously approved the recommended
adoption of the 1994 Edition, Uniform Code for the Abatement of Dangerous Buildings.
Members of the architectural, engineering and construction community were invited for
their applicable comments. No objections were received during the Public Hearing
regarding the adoption of the code.
DISCUSSION: Adoption of the 1994 Edition of the Uniform Code for the Abatement of
Dangerous Buildings will provide City personnel with appropriate procedures and
guidelines to identify and abate any hazardous or dangerous buildings within the City.
Jurisdictions within San Diego County have met collectively to discuss suggested
modifications to the code with members of the architectural and engineering community
during monthly meetings of the San Diego Area Chapter of the International Conference
of Building Officials. As such, this process recognizes and promotes code uniformity
throughout the jurisdictions within the County creating a positive professional
environment among all code users.
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Council Agenda Statement
Uniform Code for Abatement of Dangerous Buildings
I N /:1..
tem 0.:
Meeting Date: 10/10/95
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The adoption of the 1994 Edition, Uniform Code for the Abatement of Dangerous
Buildings is in conformance with City Council Policy 500-04 as adopted by Resolution
5656 which endorses the establishment and maintenance of uniform regulations within
the jurisdictions of the County of San Diego.
FISCAL IMPACT: None. There are no increase in fees proposed in this adoption.
There is a potential for some incidental training costs to familiarize staff with new code
requirements. The costs for purchase of new code books was absorbed in the previous
year's budget.
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(M:ISHAREDIBLD _HSGIA1131ll94.ADB)
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ORDINANCE NO. 02(, J/ 'I
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AN ORDINANCE OF TIlE CITY OF amlA VISTA, ADOPTING A NEW
CHAPTER 15.18 OF TIlE CHUlA VISTA MUNICIPAL CODE ADOPTING
THE UNIFORM CODE FOR TIlE ABATEMENT OF DANGEROUS
BUILDINGS, 1994 EDITION
TIlE CITY COUNCIL OF TIlE CITY OF CHUlA VISTA DOES ORDAIN AS FOLLOWS:
SECTION I. That a new Chapter 15.18 of the Chula Vista Municipal Code is hereby added to read:
OIAPTER 15.18
Abatement of Dangerous Buildings Code
Sections:
15.18.010
Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, adopted
by reference.
Subsection (a) of Section 201.1 amended to Designate Director of Building and
Housing as 'Building Official'.
Subsection (a) of Section 205.1 amended to Designate Board of Appeals and
Advisors as Board of Appeals.
15.18.020
15.18.030
15.18.010
Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, adopted by
reference.
There is hereby adopted by reference that certain document known and designated as the Uniform
Code for the Abatement of Dangerous Buildings, 1994 Edition as copyrighted by the International
Conference of Building Officials. Said document is hereby adopted as the Dangerous Buildings Code of the
City of Chula Vista, California providing for a just, equitable and practicable method, to be cumulative with
and in addition to any other remedy provided by the Building code, Housing Code or otherwise available
by law, whereby buildings or structures which from any cause endanger the life limb, health, morals,
property, safety or welfare of the general public or their occupants may be required to be repaired, vacated
or demolished and the regulations, provisions, penalties, conditions and terms of said Dangerous Building
Code, 1994 Edition, are hereby referred to, adopted, and made a part hereof, as though fully set forth
herein, excepting such portions as are hereinafter deleted, modified or amended.
15.18.020
Subsection (a) of Section 201.1 amended to Designate Director of Building and Housing
as 'Building Official'.
Section 201.1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies in Chula
Vista, shall read as follows:
Section 201.1 Administration. The building official is hereby authorized and directed to
enforce all the provisions of this code.
The building official shall have the power to render interpretations of this code and to adopt
and enforce rules and supplemental regulations in order to clarify the application of its provisions.
Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this
I~-l (/')~3
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code. The Building Official shall be the Director of Building and Housing.
15.18.030
'on (a) of Section 205.1 amended to Designate Board of Appeals
of Appeals.
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Subsection (a) of ection 205.1 of the Uniform Code for the Abatement ofD
the title precedent thereto, as it applies in Chula Vista, is hereby amended to re
gerous Buildings, and
as follows:
Section 205.1 General. In order to hear and decid appeals of orders, decisions or
determinations made b the building official relative to the ap ication and interpretations of this
code, there is hereby est lished a Board of Appeals and Advi rs consisting of seven members who
are qualified by experien and training to pass upon ma s pertaining to building construction,
use and occupancy. The D ector of Building and Housi shall be an ex-officio member who shaJJ
not be entitled to vote and ho shall act as SecretaI)l 0 the Board. The Board of Appeals and
Advisors shall be appointed the Mayor and con ed by the City Council. The Board shall
render all decisions and findin in writing to the Di ctor of Building and Housing with a duplicate
copy to the appellant. Appeals the Board sha e processed in accordance with the provisions
contained in Chapter 5 of this co or in accord ce with such procedures as may be prescribed by
the City Attorney of the City of la Vista. he decision of the Board is final. The Board of
Appeals and Advisors shall recomme to City Council such new legislation deemed necessary
to govern construction, use and occup of structures, in the City of Chula Vista.
SECTION II.
Findings and Decl
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ifically and expressly finds and declares that the
nature and uniqueness of the clim e, terrain, and cation does necessitate and demand specific
amendments to the Uniform Code fo e Abatement of Dan rous Buildings, 1994 Edition, which are noted
in the Chula Vista Municipal Cod d restated in this ordin ceo
SECTION III.
Presented by
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
Bruce M. Boogaard
City Attorney
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code. The Building Official shall be the Director of Building and Housing.
15.18.030
Subsection (a) of Section 205.1 amended to Designate Board of Appeals and Advisors as
the Board of Appeals.
Subsection (a) of Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings, and
the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 205.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretations of this
code, there is hereby established a Board of Appeals and Advisors consisting of seven members who
are qualified by experience and training to pass upon matters pertaining to building construction,
use and occupancy. The Director of Building and Housing shall be an ex-officio member who shall
not be entitled to vote and who shall act as Secretary to the Board. The Board of Appeals and
Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall
render all decisions and findings in writing to the Director of Building and Housing with a duplicate
copy to the appellant. Appeals to the Board shall be processed in accordance with the provisions
contained in Chapter 5 of this code or in accordance with such procedures as may be prescribed by
the City Attorney of the City of Chuia Vista. The decision of the Board is final. The Board of
Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary
to govern construction, use and occupancy of structures, in the City of Chula VISta.
SECI10N II.
Findings and Declaration.
The City Council of the City of Chula Vista specifically and expressly finds and declares that the
nature and uniqueness of the climate, terrain, and location does necessitate and demand specific
amendments to the Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, which are noted
in the ChuJa VISta Municipal Code and restated in this ordinance.
SECI10N III. Effective Date.
This Ordinance shall take effect and be in full force on January 1, 1996.
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
7~~~
Bruce M. Boogaard
City Attorney
Presented by
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COUNCIL AGENDA STATEMENT
Item1
Meeting Date 10/17/95
18",1)7 J
ITEM TITLE: Resolution approving Memorandum of Understanding concerning wages
and other terms and conditions of employment with the International
Association of Fire Fighters Local 2180, for FY 1995-96
SUBMITTED BY: Budget Manage~ ^
REVIEWED BY: City ManagerJe:, to'~\ (4/5ths Vote: Yes_No X)
Negotiating teams representing the City and International Association of FireFighters, Local
2180, (IAFF) have reached agreement on a Memorandum of Understanding (MOU) covering
FY 1995-96. The proposed MOU was ratified by the IAFF membership on October 4th and
5th, 1995. The major changes to the terms and conditions are outlined in this report.
RECOMMENDATION: That Council adopt the resolution approving the FY 1995-96
Memorandum of Understanding with IAFF.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The one-year MOU with IAFF includes the following major changes from the FY 1994-95
MOU:
1. 2.08 Retirement
Effective July 5, 1995, the City will pay an additional 3% of the employee's portion
(presently fixed at 9%) of PERS contribution, for a total City payment of 5%.
2. 2.07 Health and Welfare
B. For the period of July 5, 1995 through December 31, 1995, the City will
continue to pay current monthly amounts for health insurance for employees and
qualified dependents:
$157.00 for Employee Only
$308.00 for Employee plus One
$432.00 for Employee plus Family
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Page 2, Item~
Meeting Date 10/17/95
For the period of January I, 1996 through the remainder of this agreement, the
City will pay up to the following monthly amounts:
$148.00 for Employee Only
$290.00 for Employee plus One
$407.00 for Employee plus Family
3. 2.18 Bilingual Pay
Effective July 5, 1995, 50% rather than 40% of represented employees shall be eligible
to receive bilingual pay. The City and Local 2180 agree to develop mutually acceptable
guidelines for a new bilingual performance evaluation.
4. 2.16 Shift Exchange
Language was added stating that the City agrees to continue to allow the practice of
shift exchanges, subject to the provisions of the Fair Labor Standards Act. In addition,
language was added to disallow shift exchanges in those cases whereby an employee,
by working a shift exchange, would end up working more than 72 consecutive hours,
except under extreme emergency situations as authorized by the Fire Chief or his or her
designee.
5. 2.09 Holidavs
Employees assigned to divisions other than Fire Suppression, who work a 4-10 work
week (four ten-hour days), shall accrue 10 hours of holiday time for seven hard
holidays, instead of the current 8 hours.
6.
2.10.III.G
Sick Leave Reimbursement
A new section was added to allow that in the event of the death of a represented
employee while employed by the City and while performing the duties under his/her
job description and during a regularly scheduled work period (to include overtime
and stand-in work periods), 100% of the employee's total unused accumulated sick
leave will be paid to the appropriate beneficiary. The City will continue to pay 50%
of the unused sick leave balance if an employee dies while employed by the City but
not on duty.
7. 2.10 Vacation and Sick Leave
Language was added to ensure that employees assigned to Fire Suppression take a
minimum of 2 hours of vacation, compensatory time, or sick leave at one time. At
present, employees may take off less than two hours. However, employees called
back to cover for this time receive a minimum of two hours' pay. This 2-hour
minimum time-off was added to equal the minimum callback time. This 2-hour
minimum shall not apply if the time off occurs within the last two hours of the
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Page 3, Item~
Meeting Date 10/17/95
employee's regular shift. During this last two hours of the regular shift, the
employee will be charged for the actual time take off.
8. Miscellaneous
The proposed MOU includes minor wording adjustments to more accurately reflect
current department practices.
FISCAL IMPACT: The cost of this Memorandum of Understanding is within the
guidelines established by City Council. The cost of the package has not been included so
that confidentiality is maintained while negotiations with other bargaining groups are in
progress. The cost information for this MOU will be provided to the City Council in a
separate confidential memo. The appropriating resolution will be forwarded to Council
when these other negotiations are completed.
Note: The proposed MOU is on file and available for public review in the City Clerk's
office.
If- J )IY-Y
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RESOLUTION NO.
/B'tJ?3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING MEMORANDUM OF
UNDERSTANDING CONCERNING WAGES AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
LOCAL 2180, FOR FY 1995/96
WHEREAS, the Management Negotiation Team representing the
City Manager of the City of Chula Vista, acting for and on behalf
of the City Council of the city of Chula Vista, have heretofore met
and conferred with Local 2180, International Association of Fire
Fighters, an organization representing members of the Chula vista
Fire Department from Fire Fighter up through the rank of Fire
Captain, in accordance with the provisions of section 3500 et seq.
of the Government Code of the State of California; and
WHEREAS, the Memorandum of Understanding jointly prepared
by said parties as a result of meeting and conferring in good faith
has been presented to the City Council and is on file in the office
of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Memorandum of
Understanding Concerning Wages and Other Terms and Conditions of
Employment with the International Association of Fire Fighters,
Local 2180, for FY 1995/96, a copy of which is on file in the
office of the City Clerk.
Dawn Herring, Budget Manager
IO ~:JJ
Presented by
Boogaar, ity
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CllY OF
CHULA VISTA
. MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA
AND
LOCAL 2180
INTERNATIONAL ASSOCIATION
OF
FIRE FIGHTERS
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MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMFLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO, FISCAL YEAR 199195 ;lll~!H~li
1.01 BLE
1.02 NITION
1.03 CITY GHTS
1.04 LOCAL 180 RIGHTS
1.05 EMFLO E RIGHTS
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2.01 WAGES
2.02 UNIFORMS
2.03 MILEAGE RE
2.04 WORK PERIO
2.05 OVERTIME
2.06 STANDBY
2.07 HEALTH AND
2.08 RETIREMENT
2.085 EDUCATION INC PAY
2.09 HOLIDAYS
2.10 V ACA TION A
2.11 LEAVE OF ABS
2.12 MILITARY LEA
2.13 JURY DUTY A COURT L
2.14 LIMITED DUT TIME
2.15 LIMITED DU DAYS
2.16 SHIFT EXC NGE
2.17 OUT OF CL SSIFICATION ASSIG
2.18 BILINGUA PAY
2.19 DIFFEREN IAL PAY
2.20 V ACANC S - PROMOTIONS
2.21 LAYOFF
2.22 EQUIP
2.23 DEFE D COMFENSA TION
2.24 VOLUN ARY TIME OFF POLICY
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3.01 PRO ITED PRACTICES
3.02 MIN UM STAFFING LEVELS
3.03 STATION MAINTENANCE AND REPAIR
3.05 DRIVING ELIGIBILITY POLICY
3.06 PHYSICAL FITNESS ASSESSMENT AND PHYSICAL ABILITY
3.07 SUBSTANCE ABUSE POLICY
3.08 GRIEVANCE PROCEDURE
3.09 GENERAL PROVISIONS
4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
4.02 SAVINGS CLAUSE
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MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDmONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO, FISCAL YEAR 199195t~rt~!l
1.01 PREAMBLE
1.02 RECOGNmON
1.03 CITY RIGHTS
1.04 LOCAL 2180 RIGHTS
1.05 EMPLOYEE RIGHTS
.
2.01 WAGES
2.02 UNIFORMS
2.03 MILEAGE REIMBURSEMENT
2.04 WORK PERIOD/DUTY CYCLE
2.05 OVERTIME
2.06 STANDBY
2.07 HEALTH AND WELFARE
2.08 RETIREMENT
2.085 EDUCATION INCENTIVE PAY
2.09 HOLIDAYS
2.10 VACATION AND SICK LEAVE
2.11 LEAVE OF ABSENCE
2.12 MILITARY LEAVE
2.13 JURY DUTY AND COURT LEAVE
2.14 LIMITED DUTY TIME
2.15 LIMITED DUTY DAYS
2.16 SHIFT EXCHANGE
2.17 OUT OF CLASSIFICATION ASSIGNMENT
2.18 Bll..INGUAL PAY
2.19 DIFFERENTIAL PAY
2.20 VACANCIES - PROMOTIONS
2.21 LAYOFF
2.22 EQUIPMENT RESPONSffiILITY AND PROPERTY REPLACEMENT
2.23 DEFERRED COMPENSATION
2.24 VOLUNTARY TIME OFF POLICY
3.01 PROHmITED PRACTICES
3.02 MINIMUM STAFFING LEVELS
3.03 STATION MAINTENANCE AND REPAIR
3.05 DRIVING ELIGffill..ITY POLICY
3.06 PHYSICAL FITNESS ASSESSMENT AND PHYSICAL ABll..ITY TESTING
3.07 SUBSTANCE ABUSE POLICY
3.08 GRIEVANCE PROCEDURE
3.09 GENERAL PROVISIONS
4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
4.02 SAVINGS CLAUSE
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1.01 PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista, hereinafter
referred to as "City," and the International Association of Fire Fighters, hereinafter referred to as
"Local 2180," as a result of meeting and conferring in good faith concerning the wages, hours and
other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of
the City of Chula Vista and to the California Government Code Section 3500 et. seq. known as the
Meyers-Milias-Brown Act.
Local 2180 agrees to reco=end ratification of this MOU to its membership. Upon Local 2180's
ratification, the MOU will be jointly reco=ended to the City Council for Council ratification.
1.02 RECOGNITION
The City recognizes Local 2180 as the certified representative for safety employees in the City of
Chula Vista who are employed in the classifications of Fire Fighter, Fire Engineer and Fire Captain,
hereinafter referred to as "represented employees" or "employees."
1.03 CITY RIGHTS
Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights
with respect to matters of legislative or managerial policy.
The exclusive rights of the City shall include, but not be limited to, the right to:
Establish, plan for, and direct the work force toward the organizational goals of the
City Government.
Determine the organization, and the merits, necessity and level of activity or service
provided to the public.
Determine the City budget.
Establish, regulate and administer a merit or civil service system which provides for all
types of personnel transactions, including, but not limited to, determining the
procedures and standards for the hiring, promotion, transfer, assignment, layoff,
retention, and classification of positions in accordance with the City Charter, Civil
Service Rules, and established personnel practices.
Discipline or discharge employees.
Determine the methods, means, numbers and kinds of personnel, and the job or
position content required to accomplish the objectives and goals of the City.
Effect a reduction in authorized positions.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 1
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59
Take actions necessar)r to carry out the mission of the City in emergencies and in other
situations of unusual r temporary circumstances.
,
Continue to exercise e icient and productive management practic s consistent with
Federal and State laws d in compliance with the City Charter a City ordinances.
In exercising these rights he City shall comply with all applica e provisions of this
agreement.
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The establishment or exercise of Ci rights shall not be subject to meting and conferring; provided,
however, Local 2180 shall not be pre uded from meeting and conf ing with representatives of the
City when the consequences of decisi ns on matters of City righ directly affect wages, hours, and
other terms and conditions of employ ent.
1.04 LOCAL 2180 RIGHTS
I. Authorized representatives of Local 180 shall be owed reasonable access to represented
employees at their work locations du . g working ours for the purpose of consulting with
employees regarding the employer-e loyee r ationship, provided that: (1) the work
operation and service to the public not nduly impaired, and (2) the authorized
representatives shall have given advance ot" e to the Fire Chief or his/her designated
representative when contacting represent employees during the duty period of the
employees. The Fire Chief or his/her desi shall determine the appropriate time for such
access.
II.
Local 2180 officers and members of its B ard shall granted use of City facilities for meetings
composed of such officers or Board mbers, proV! ed space can be made available without
interfering with the City needs, and rovided such m etings are conducted at no cost to the
City.
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III. Up to four (4) representatives f Local 2180 will be autn rized to utilize on-duty time as
necessary to participate in ne otiating meetings mutually sc eduled by the City and Local
2180.
IV. A reasonable amount of pace shall continue to be provided to L al 2180 on City bulletin
boards for legitimate mmunications with represented employees.
V. The City will co mue to provide biweekly payroll dues deductions a uthorized by unit
employees to Lo al 2180, and Local 2180 will pay the City 104: per mem r per pay period
for the actual costs incurred for dues deduction on behalf of I.A.F.F. The C! will remit the
deductions to Local 2180 in a timely manner and will provide Local 2180 a biwe y computer
print-out of its members' dues deductions. The unit will be charged actual cost f printing
all final MOU's requested and provided to the unit membership.
VI. The City shall provide distribution of the following official documents to the Presi
Local 2180:
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IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 2
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Take actions necessary to carry out the mission of the City in emergencies and in other
situations of unusual or temporary circumstances.
Continue to exercise efficient and productive management practices consistent with
Federal and State laws and in compliance with the City Charter and City ordinances.
In exercising these rights the City shall comply with all applicable provisions of this
agreement.
The establishment or exercise of City rights shall not be subject to meeting and conferring; provided,
however, Local 2180 shall not be precluded from meeting and conferring with representatives of the
City when the consequences of decisions on matters of City rights directly affect wages, hours, and
other terms and conditions of employment.
1.04 LOCAL 2180 RIGHTS
I. Authorized representatives of Local 2180 shall be allowed reasonable access to represented
employees at their work locations during working hours for the purpose of consulting with
employees regarding the employer-employee relationship, provided that: (1) the work
operation and service to the public are not unduly impaired, and (2) the authorized
representatives shall have given advance notice to the Fire Chief or his/her designated
representative when contacting represented employees during the duty period of the
employees. The Fire Chief or his/her designee shall determine the appropriate time for such
access.
II. Local 2180 officers and members of its Board shall be granted use of City facilities for meetings
composed of such officers or Board members, provided space can be made available without
interfering with the City needs, and provided such meetings are conducted at no cost to the
City.
III. Up to four (4) representatives of Local 2180 will be authorized to utilize on-duty time as
necessary to participate in negotiating meetings mutually scheduled by the City and Local
2180.
IV. A reasonable amount of space shall continue to be provided to Local 2180 on City bulletin
boards for legitimate communications with represented employees.
V. The City will continue to provide biweekly payroll dues deductions as authorized by unit
employees to Local 2180, and Local 2180 will pay the City 10~ per member per pay period
for the actual costs incurred for dues deduction on behalf of I.A.F.F. The City will remit the
deductions to Local 2180 in a timely manner and will provide Local 2180 a biweekly computer
print-out of its members' dues deductions. The unit will be charged actual costs of printing
all final MOU's requested and provided to the unit membership.
VI. The City shall provide distribution of the following official documents to the President of
Local 2180:
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 2
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2.02 UNIFORMS
I.
The City shall during the term of this memorandum provide new unit employees with the
following initial issue of new OSHA approved clothing: three pairs of pants, one coverall, one
brush jacket, one pair of brush pants, two pairs of boots, and turn-out gear.
II. H said protective clothing, as defined in I above, is damaged, destroyed, or worn out in the line
of duty, said clothing shall be replaced or repaired at the City's expense. It is the intent of
this section to allow discretionary final authority to the Fire Chief to determine whether
protective clothing so damaged shall be replaced or repaired.
III. The City will furnish, repair, or replace, as determined by the Fire Chief, any required
regulation uniforms (except shirts) for represented Fire Prevention and Training personnel.
IV. All represented employees shall receive $200 per calendar year for the cleaning and
maintenance of uniforms. Payment will be made the first payday following November 1
annually, and will be prorated for individuals not employed for the entire calendar year.
2.03 MILEAGE REIMBURSEMENT
I. Employees in this unit shall be subject to the City's mileage reimbursement program when
required to use their private automobiles for authorized City business:
2M per mile first 200 miles each month
24~ per mile next 300 miles each month
22~ per mile over 500 miles each month
II. Employees shall be eligible for mileage reimbursement at the above rate for the use of their
private vehicles to travel from one work station to another work station when such travel
results from a reassignment of work stations after reaching his/her normally assigned work
site.
III. For employees on Worker's Compensation, required travel to and from the exammmg
doctor's office shall be paid by the City in accordance with California Labor Code, Chapter
2, Article II, Section 4600.
2.04 WORK PERIOD/DUTY CYCLE
I. Fire Suppression - Members of represented classifications assigned to this division shall work
on a 56-hour week, three platoon basis. The duty schedule shall include eight (8) 24-hour
shifts (totaling 192 hours) in a twenty-four (24) day duty cycle. Each 24-hour shift will begin
and end at 7:30 a.m.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 5
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The City has enacted the 7K exemption for Fire Suppression personnel as permitted under the
Fair Labor Standards Act. This includes a 24-day work period which coincides with the
24-day duty cycle described in the previous paragraph.
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II. Fire Prevention/Training - Members of represented classifications assigned to these divisions
shall work 40 hours, er week.
The work period (wee ) for non-Suppression personnel is a fixed and regular ecurring period
of 168 consecutive hou (7 consecutive 24-hour periods). The work week fo non-Suppression
personnel begins at 12:0 a.m. on Friday morning and ends at 12:01 a.m. t following Friday
mormng.
2.05 OVERTIME
I. Whenever employees are orde d, because of an emergency or in t interest of the efficiency
of the department, to render ove ime service as defined below, t y shall be granted overtime
pay at the rate of 1-1/2 times t eir Fair Labor Standards t (FLSA) "regular rate," or
compensatory time off at 1-1/ times the overtime urs worked (subject to the
Compensatory Time provisions in tion II below).
A.
Fire Suppression personnel will r eive overtim payor compensatory time off at time
and 1/2 for hours worked in excess f 182 ho s in a 24-day work period. Authorized
paid time off (e.g. vacation, compens ory . e, and sick leave) will be counted as time
worked for purposes of calculating 0 e, except for the last 10 hours of the first
24 hours of paid time off in a 24-day period. If authorized compensatory time
off is the only type of paid time a F e Suppression employee takes in a 24-day
work period, the compensato time off ill all be counted as time worked for
purposes of calculating overti e in that wor eriod.
-,
For Fire Suppression per nnel, payment for ove
period will be made later than with the pay
period during whic e work period ended.
ime earned in a given 24-day work
rant covering the biweekly pay
B. Non-Suppressio personnel will receive overtime payor mpensatory time off at time
and 1/2 for h rs worked in excess of 40 hours in a 7-da work period. Authorized
paid time off e.g. vacation, compensatory time, and sick leav will be counted as time
worked fo urposes of calculating overtime for non-Suppres . n personnel.
For no uppression personnel, payment for overtime shall be
warrant covering the pay period wherein the overtime was earned.
II.
Compensatory Time - Compensation for overtime with compensatory time in li f overtime
pay will be at the option of the supervisor and the department head, based on the mployee's
request while recognizing the overall staffing requirements of the department. Approval of
such requests shall not be unreasonably withheld. A record of compensatory time earned and
utilized shall be maintained on the biweekly pay records. Utilization of compensatory time
will be subject to the same procedures as vacation leave requests except that requests for
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IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 6
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The City has enacted the 7K exemption for Fire Suppression personnel as permitted under the
Fair Labor Standards Act. This includes a 24-day work period which coincides with the
24-day duty cycle described in the previous paragraph.
II. Fire Prevention/Training - Members of represented classifications assigned to these divisions
shall work 40 hours per week.
The work period (week) for non-Suppression personnel is a fixed and regular recurring period
of 168 consecutive hours (7 consecutive 24-hour periods). The work week for non-Suppression
personnel begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the following Friday
mornmg.
2.05 OVERTIME
1. Whenever employees are ordered, because of an emergency or in the interest of the efficiency
of the department, to render overtime service as defined below, they shall be granted overtime
pay at the rate of 1-1/2 times their Fair Labor Standards Act (FLSA) "regular rate," or
compensatory time off at 1-1/2 times the overtime hours worked (subject to the
Compensatory Time provisions in Section II below).
A. Fire Suppression personnel will receive overtime payor compensatory time off at time
and 1/2 for hours worked in excess of 182 hours in a 24-day work period. Authorized
paid time off (e.g. vacation, compensatory time, and sick leave) will be counted as time
worked for purposes of calculating overtime, except for the last 10 hours of the first
24 hours of paid time off in a 24-day work period. If authorized compensatory time
off is the only type of paid time off a Fire Suppression employee takes in a 24-day
work period, the compensatory time off will all be counted as time worked for
purposes of calculating overtime in that work period.
For Fire Suppression personnel, payment for overtime earned in a given 24-day work
period will be made no later than with the pay warrant covering the biweekly pay
period during which the work period ended.
B. Non-Suppression personnel will receive overtime payor compensatory time off at time
and 1/2 for hours worked in excess of 40 hours in a 7-day work period. Authorized
paid time off (e.g. vacation, compensatory time, and sick leave) will be counted as time
worked for purposes of calculating overtime for non-Suppression personnel.
For non-Suppression personnel, payment for overtime shall be made with the pay
warrant covering the pay period wherein the overtime was earned.
II. Compensatory Time - Compensation for overtime with compensatory time in lieu of overtime
pay will be at the option of the supervisor and the department head, based on the employee's
request while recognizing the overall staffing requirements of the department. Approval of
such requests shall not be unreasonably withheld. A record of compensatory time earned and
utilized shall be maintained on the biweekly pay records. Utilization of compensatory time
will be subject to the same procedures as vacation leave requests except that requests for
IAFF MOU FY 95-96 (Rev. October 9. 1995)
Page 6
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One copy each of: Agendas and Minutes of all City Council meetings, Civil Service
Commission meetings, open Council Conferences, and Safety Committee meetings; the
Preliminary City Operating Budget; the Final City Operating Budget; the Capital
Improvement Program (CIP) Budget; and the Salary Schedule.
1.05
EMPLOYEE RIGHTS
I.
Employees of the City shall have the right to:
A. Form, join, and participate in the activities of employee organizations of their own
choosing for the purpose of representation in matters of employer-employee relations.
B. Refuse to join or participate in the activities of employee organizations.
C. Represent themselves individually in their employee relations with the City.
II. Employee Personnel Records:
A. Represented employees shall be entitled to see the contents of their personnel records.
Availability of these records to the employee will be subject to the normal business
hours affecting the position or office which has routine custody of these records.
B.
In Civil Service promotional oral boards used in establishing certification lists for Fire
Engineer or Fire Captain, the City agrees not to use documents from employee jackets
or other personnel records if such documents or records are more than three years old
(unless they are presented by the candidate).
III. Representation by Local:
Represented employees required to meet with any supervisor(s) in which the purpose or part
of the purpose is to discipline the employee, or to discuss the likelihood of future disciplinary
action, shall have the right to have a shop steward in attendance if any written record of the
discussion will be made by the supervisor(s) or other management personnel. Such meeting
shall be preceded by at least 24-hour notification of the time and purpose of the meeting to
the employee, provided employees may waive any advance notification if they so choose. A
shop steward would not be permitted in meetings for Performance Reports (except ones with
an overall rating of Unsatisfactory), reviews or selections or promotion interviews.
2.01 WAGES
I. Salary Increases - Base wages (i.e. the salaries for Steps 1-E) ~n!m!!\'m~1!~!\g~ during the term
of this agreement ~ iU flst be mereA3ea at aeeret13ea. ............. .............................
II.
Merit (Step) Increases - Each employee shall normally be required to complete the following
specified number of months of continuous paid service at each step of the salary schedule prior
to advancing to the next step of the schedule. Step increases may be delayed by the Fire Chief
in cases of sub-standard performance. Only permanent status employees may appeal that
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 3
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b:::
decision through the Civil Service Commission. In cases of exceptional performance, an
employee may be granted an early step increase or double step increase based on the
recommendation by the Fire Chief and the approval of the Director of Personnel, City
Manager, and Civil Se ice Commission. Exceptional merit increase recommendations may
be initiated by the empl yee's immediate supervisor. The effective date of exceptional merit
increases shall be the be 'nning of the pay period following approval.
-.,
Months of service normall required for each step shall be:
Step
m 1
m 2
m A
m B
m C
m D
m E
The classification of Fire Fighter shall be ject to even (7) step salary range. Step "1" shall
be 10% less than "A" Step and Step "2" sh e Yo less than "A" Step. The normal hire rate
. shall be Step "1" provided, however, that exceptionally well-qualified candidate may be
hired within the established range based u nth recommendation of the appointing authority
and approval by the City Manager. emplo s with a minimum of one year of full-time ......,
. paid firefighter experience or an / AS (or high degree in Fire Science shall be hired at
Step A or higher.
III.
Effective Dates - All other ayroll and wage changes, su
made effective at the ginning of the regular biwee
employee's actual qu ' ing date.
as regular merit increases, shall be
payroll period closest to the
IV. Distribution of P checks - Paychecks shall be distributed only regular biweekly paydays.
However, in emergency, employees may receive their check 0 a day other than a regular
payday if a emo is directed from the Department Head to the Fin ce Officer justifying the
request.
V. Vacation Pay In Advance - All classifications represented by IAFF may r eive in advance a
maximum of two weeks earned vacation pay. Vacation pay in advance be made on a
regular payday if the employee notifies the Finance Department at least thre working days
prior to the payday on which payment is desired.
VI. Rate of Pay Following Promotion - When a represented employee is promoted, the ew rate
of pay will be the lowest step in the new salary range which will result in the employee
receiving at least 5% more than the actual rate in the old classification.
.-.
IAFF MOD FY 95-96 (Rev, October 9, 1995)
Page 4
\\\-\\1:
decision through the Civil Service Commission. In cases of exceptional performance, an
employee may be granted an early step increase or double step increase based on the
reco=endation by the Fire Chief and the approval of the Director of Personnel, City
Manager, and Civil Service Commission. Exceptional merit increase reco=endations may
be initiated by the employee's i=ediate supervisor. The effective date of exceptional merit
increases shall be the beginning of the pay period following approval.
Months of service normally required for each step shall be:
Months
~
6 months m 1
6 months m 2
6 months m A
6 months m B
12 months m C
12 months m D
Thereafter m E
The classification of Fire Fighter shall be subject to a seven (7) step salary range. Step "1" shall
be 10% less than "A" Step and Step "2" shall be 5% less than" A" Step. The normal hire rate
shall be Step "1" provided, however, that an exceptionally well-qualified candidate may be
hired within the established range based upon the reco=endation of the appointing authority
and approval by the City Manager. New employees with a minimum of one year of full-time
. paid firefighter experience or an AA/ AS (or higher) degree in Fire Science shall be hired at
Step A or higher.
III. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall be
made effective at the beginning of the regular biweekly payroll period closest to the
employee's actual qualifying date.
IV. Distribution of Paychecks - Paychecks shall be distributed only on regular biweekly paydays.
However, in an emergency, employees may receive their check on a day other than a regular
payday if a memo is directed from the Department Head to the Finance Officer justifying the
request.
V. Vacation Pay In Advance - All classifications represented by IAFF may receive in advance a
maximum of two weeks earned vacation pay. Vacation pay in advance will be made on a
regular payday if the employee notifies the Finance Department at least three working days
prior to the payday on which payment is desired.
VI. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate
of pay will be the lowest step in the new salary range which will result in the employee
receiving at least 5% more than the actual rate in the old classification.
IAFF MOD FY 95-96 (Rev. October 9, 1995)
Page 4
\\\-\~
64
.
.
.
III.
IV.
v.
vacation leave will have priority over requests for compensatory leave. Employees shall be
paid for any accumulated compensatory time unused as of June 30 of each fiscal year.
Payment will be made during the month of July of each year, and will be computed based on
the employee's base salary rate on June 15.
Emergency Holdovers - Employees who are held over more than fifteen minutes beyond the
scheduled termination of their work shift due to fire or other emergency call, shall be paid
on a time and 1/2 basis after fifteen minutes to the nearest half hour for all such time worked.
"Time worked" shall include officer's preparation of incident reports and such personal or
equipment clean-up as is necessary and required by the Fire Chief.
Non-Emergency Holdovers - Employees required to remain on duty more than fifteen minutes
beyond the scheduled tertnination of their shift for other than emergency calls shall be paid
on a time and 1/2 basis after fifteen minutes to the nearest half hour for all such time worked.
"Time worked" shall include such personal or equipment clean-up as is necessary and required
by the Fire Chief, up to a maximum of 30 minutes of clean-up time.
Callbacks - Employees who are called back to work before the scheduled start of their next
regular shift, after having left their work site or at the conclusion of their prior scheduled
shift, shall be paid for the actual overtime worked to the nearest half hour, with 2 hours being
the minimum amount paid. The 2-hour minimum shall not, however, apply under any of the
following situations:
(1) The employee is held over beyond the scheduled termination of his/her work shift (see
Sections III and IV above).
(2)
The employee returns to work within 2 hours of the start of his/her next regular shift.
The amount of overtime worked shall not include travel time from the employee's home (or
other non-work location where he/she was notified of the callback) to the employee's work
station or incident scene, whichever location the employee is required to report to first.
Similarly, overtime shall not include travel time after the employee leaves his/her work station
or incident scene, whichever location the employee reports to last.
Except for emergencies, the order of callback for 24-hour shifts shall be as follows:'
(1) Callback shall be on a rotational basis by use of a chart maintained in the Shift
Commander's Office.
(2) Telephone and/or notification of callback can be made anytime, but if the top rotation
individual cannot be reached, callback must be made by the Shift Commander or
his/her designee betWeen 0630 and 0730 on the day of need.
(3) The company Captain affected will designate someone on dury to be held over until
arrival of the persons called back.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 7
III - ($
,~,~
~~,
(4) All overtime worked as callback shall be entered on the chart maintained by the rhift
Commander, as well as a record of "no answers," "refusals," etc.
(5)
\
Any represe' ted employee giving advance notice to the Shift Commander 0 his/her
unavailability or callback duty for a specific period of time shall not 1 e his/her
position on th callback chart.
~
(6) to callback by reason of an industrial disability . jury shall not
affect callback eli 'bility, provided however the employee shall n be eligible for
callback until he/ s e has a full release to return to regular duty Employees shall
accrue no more than callback slots during a disability absence om regular duty.
(7) More detailed procedu s regarding the order of callback fo 24-hour shifts will be
provided in a departme al General Order. Changes to ese detailed procedures
regarding the order of c back for 24-hour shifts will e subject to meeting and
conferring with Local 2180.
2.06 STANDBY
1. Definition - Standby duty is defined as th
Fire Marshal in addition to the employee's
employee must remain at all times where h
ready for callback to perform an essential se
II.
Application in Suppression - In addition tis/he egular salary, Suppression personnel shall
be compensated with an additional $16 er each ful 4-hour shift assigned to standby duties.
If a Suppression employee works less an a full shift standby, he/she shall be compensated
$0.66 per hour assigned to standb auties.
~
III. Application in Non-Suppress' n - In addition to his/he regular salary, non-Suppression
personnel shall be compensa d with an additional $100 per ea full week assigned to standby
duties. Since the norm ork week of non-Suppression pe nnel is 40 hours and since
standby duty is defined being in addition to an employee's nor work week assignment,
a full week of stand duty would be 128 hours of standby du . If a non-Suppression
employee works le than a full week of standby, he/she shall be com nsated $0.78 per hour
assigned to stan y duties.
IV. Any callbac that occur while an employee is on standby duty shall not re ce the amount
of standby pay the employee would have earned had there not been a callback. y overtime
or callback pay shall thus be in addition to the standby pay. In terms of FLSA,
agree that standby time shall not be counted as hours worked.
-
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 8
\'\.- \ '-'
(4) All overtime worked as callback shall be entered on the chart maintained by the Shift
Commonder, as well as a record of "no answers," "refusals," etc.
(5) Any represented employee giving advance notice to the Shift Commonder of his/her
unavailability for callback duty for a specific period of time shall not lose his/her
position on the callback chart.
(6) Failure to respond to callback by reason of an industrial disability injury shall not
affect callback eligibility, provided however the employee shall not be eligible for
callback until he/she has a full release to retUrn to regular duty. Employees shall
accrue no more than 2 callback slots during a disability absence from regular duty.
(7) More detailed procedures regarding the order of callback for 24-hour shifts will be
provided in a departmental General Order. Changes to these detailed procedures
regarding the order of callback for 24-hour shifts will be subject to meeting and
conferring with Local 2180.
2.06 STANDBY
1. Definition - Standby duty is defined as that period of time assigned by the Battalion Chief or
Fire Marshal in addition to the employee's normal work week assignment, during which said
employee must remain at all times where he/she can be contacted by telephone or beeper,
ready for callback to perform an essential service.
II. Application in Suppression - In addition to his/her regular salary, Suppression personnel shall
be compensated with an additional $16 per each full 24-hour shift assigned to standby duties.
If a Suppression employee works less than a full shift of standby, he/she shall be compensated
$0.66 per hour assigned to standby duties.
III. Application in Non-Suppression - In addition to his/her regular salary, non-Suppression
personnel shall be compensated with an additional $100 per each full week assigned to standby
duties. Since the normal work week of non-Suppression personnel is 40 hours and since
standby duty is defined as being in addition to an employee's normal work week assignment,
a full week of standby duty would be 128 hours of standby duty. If a non-Suppression
employee works less than a full week of standby, he/she shall be compensated $0.78 per hour
assigned to standby duties.
IV. Any callbacks that occur while an employee is on standby duty shall not reduce the amount
of standby pay the employee would have earned had there not been a callback. Any overtime
or callback pay shall thus be in addition to the standby pay. In terms of FLSA, the parties
agree that standby time shall not be counted as hours worked.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 8
\\~v \ \p
(do
.
.
.
2.07 HEALlH AND WELFARE
I.
Hospital/Medical Care Benefits
A. Each represented employee must select one of the health insurance plans offered by the
City for the employee's own health protection. This minimum category of coverage
is known as "Employee" coverage. A represented employee may select coverage for
his/her qualified dependents from one of the City's health insurance plans under one
of two categories of optional coverage: "Employee plus One" or "Employee plus
Family" coverage.
A represented employee who is married to another City employee may elect to obtain
his/her City health insurance coverage as a dependent under the spouse's primary
health insurance plan.
B.
gi~~~iJ~a;~p1 t~tE~f~!;=~~!~'!~!~~qf!~~'!!!~!!~!~!~!!!~I~Y:~:
and qualified dependents:
$157.00 for Employee Only
$308.00 for Employee plus One
$432.00 for Employee plus Family
1r1~'II'\1'~lllllIlllll'_r.'~"IIII"IIfIl]1111
fI\ln~.~p~~!;\!~!. ...... .......... . ..... ........ .. .. .....
111!iiilllli111lux
The City agrees to provide the Kaiser 4253-02 Health Plan (or an equivalent health
maintenance organization plan) to employees and qualified dependents. The City will
pay up to the above monthly amounts (for the applicable categoty of coverage) towards
the Kaiser Health Plan cost or towards the cost of any alternative health plans provided
by the City (currently the Health Net E.P.O., Health Net HMO, and Health Net Flex
Net plans).
Any difference between the above maximum City contribution (for the applicable
category of coverage) and the actual cost of the health plan selected by the employee
shall be paid by the affected employee through payroll deductions (see Section VI.)
and/or the Flexible Benefit Plan (see Section 11.).
If a represented employee selects a City health insurance plan costing less than the
above maximum City contribution (for the applicable category of coverage), the
IAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 9
N~/7
k/I
employee may apply the difference toward the cost of a group dental and! or vision
plan arranged by the City.
(See Section 2.11 garding payment for health and life insurance during an unpaid Leave of
Absence of more t an one month.) .
.-.
1.
Effective Date
FY 1991 951~$t~~
II.
A. Description of rogram - Employees in represented classificatio s shall receive the
following dollar ounts for the time periods indicated, to used for approved
employee benefits
B. Administration of Progr
. An employee may s d any bal ce remaining in his/her Flexible Benefit Plan .-.
(after any deducti s for health in ance premiums) for the optional Flex Plan
selections desc . ed in Section II.C. low. Any Flex Plan balances not spent
by the end a fiscal year will revert the City.
2. Reimb sements for optional Flex Plan se ctions shall be for a minimum of
$50 cept from May 15 to June 30 of the fis year, when no minimum will
be equired for reimbursements (see #3. below r arding other limitations from
ne 15 through June 30). Flex Plan reimburseme will generally be processed
y the City on a biweekly basis.
11I11111111IB'lilllr~1I111111.~r.I'I~!1~!
approved for "emergency" expenses only. An emergency 's defined as an
unforeseen occurrence or combination of circumstances whl necessitated
immediate action. Requests for reimbursements for purcha made by
employees after June 15 for those items and services rendered whic e not of
a routine nature, will be reviewed on an individual basis by the sonnel
Department to determine if an emergency existed. Upon appro of
emergency requests, reimbursements will be granted.
--
IAFF MOD FY 95-96 (Rev. October 9, 1995)
Page 10
\ \.\." \&'
employee may apply the difference toward the cost of a group dental and! or vision
plan arranged by the City.
(See Section 2.11 regarding payment for health and life insurance during an unpaid Leave of
Absence of more than one month.) .
II. Flexible Benefit Plan
A. Description of Program - Employees in represented classifications shall receive the
following dollar amounts for the time periods indicated, to be used for approved
employee benefits:
Flex Plan
Amount
$350
Effective Date
FY 1991 9S :~~~~
B. Administration of Program
1. If the actual cost of the premiums for an employee's health insurance coverage
(including any optional dependent health insurance coverage selected by the
employee) is in excess of the City's contribution under the terms of Section 2.07
I., the difference will be paid from the employee's Flexible Benefit Plan up to
the amounts listed in Section II.A. above.
. An employee may spend any balance remaining in his/her Flexible Benefit Plan
(after any deductions for health insurance premiums) for the optional Flex Plan
selections described in Section II.C. below. Any Flex Plan balances not spent
by the end of a fiscal year will revert to the City.
2.
Reimbursements for optional Flex Plan selections shall be for a minimum of
$50 except from May 15 to June 30 of the fiscal year, when no minimum will
be required for reimbursements (see #3. below regarding other limitations from
June 15 through June 30). Flex Plan reimbursements will generally be processed
by the City on a biweekly basis.
3.
IWUlllllfl"~'111111111111rllr~III~~~
approved for "emergency" expenses only. An emergency is defined as an
unforeseen occurrence or combination of circumstances which necessitated
immediate action. Requests for reimbursements for purchases made by
employees after June 15 for those items and services rendered which are not of
a routine nature, will be reviewed on an individual basis by the Personnel
Department to determine if an emergency existed. Upon approval of
emergency requests, reimbursements will be granted.
Page 10
IAFF MOU FY 95-96 (Rev. October 9, 1995)
\\\.. \&'
08
.
.
.
Examples:
a.
Emergency medical expenses not covered by insurance for an illness that
requires the services of a doctor, clinic, or hospital including auxiliary
services (emergency transportation, lab tests, prescriptions and so forth)
will be covered.
b. Emergency Vision Expenses-Repair of broken eyeglasses or replacement
of lost contact lenses will be approved. (Not: routine eye exam, spare
glasses, etc.).
c. Emergency Dental Expenses-Reimbursements for expenses associated
with toothaches, broken teeth, impacted wisdom teeth, root canals, etc.
will be covered. (Not: routine dental work performed as a result of an
examination made after June 1.)
d. Non-medical items considered routine and not covered include:
conference expenses, books, memberships, subscriptions, extra insurance
(except authorized payroll deductions).
4.
Employees who are on an unpaid Leave of Absence for more than one month,
including suspension for disciplinary reasons, may not utilize their Flex Plan
benefits during the absence. H an employee is on a Leave of Absence as a result
of being ill or disabled, however, the Flex Plan may be used for health and life
. .
Insurance prermums.
5. Employees may not utilize their Flex Plan benefits to pre-pay retiree or
continuation health/dental insurance premiums for periods after retirement or
other type of separation.
C. Optional Selections under Flexible Benefit Plan
An employee may spend any balance remaining in his/her Flex Plan (after any
deductions for health insurance premiums as described in Section II.B. above) on any
of the following optional selections.
1. Other City Group Insurance Premiums
In accordance with IRS Section 106, the Flex Plan may be used to pay the
premiums for group health and welfare plans only if such plans are sponsored
by the City.
a.
Supplemental Group Life Insurance
Employees may apply for and purchase through the Flex Plan up to the
maximum amount of non-taxable group life insurance allowed by
Section 79 of the Internal Revenue Code (currently $40,000) in addition
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 11
Pf.. /9
(;8
to the $10,000 group life insurance provided by the City (see Section III.
below).
-
Group Dental Insurance
Employees (and qualified dependents) participating in a group' ental
plan arranged by the City may pay the premiums through the ex Plan.
a group VISIon care plan is offered by the
loyees may pay the premiums through the FI
, participating
Plan.
c.
. Group Vision Care
d. Grou Psychological Health Plan
If a gro psychological health plan is off ed by the City, participating
employee may pay the premiums thr gh the Flex Plan.
2. Reimbursable Pro
A represented employe may elect t receive reimbursement through the Flex
Plan for the following es of penditures. The descriptions below are
general in nature. Specific les r allowable reimbursements will be based on
applicable Internal Revenue de sections or City administrative policies.
--
a.
ay apply an remaining Flex Plan balances to out-of-
pocket visio , dental and me 'cal costs on a reimbursement basis.
Employees emain free to be atte ed by the professional personnel or
pharmacy: f their own choosing.
b.
E loyees may elect to receive reimburse ent for expenses incurred
r education directly related to career develop nt. Allowable expenses
include tuition, fees, and similar payments, ooks, supplies, and
equipment. Books purchased through the Flexibl enefit Plan belong
to .the City and are to be returned upon completio of the course or
upon termination of employment, whichever is later. Expenses not
allowed for reimbursement include tools or supplies whic e retained
by an employee after completion of a course of instruction, eals, or
lodging. Employees must obtain approval of the department ad and
the Director of Personnel prior to enrollment in the desired cours To
be reimbursable under this section, educational assistance must e
considered non-taxable in accordance with State and Federal laws.
--
IAFF MOV FY 95-96 (Rev. October 9, 1995)
\~~d-O
Page 12
to the $10,000 group life insurance provided by the City (see Section III.
below).
b. Group Dental Insurance
Employees (and qualified dependents) participating in a group dental
plan arranged by the City may pay the premiums through the Flex Plan.
c. Group Vision Care
H a group vision care plan is offered by the City, partIcIpating
employees may pay the premiums through the Flex Plan.
d. Group Psychological Health Plan
H a group psychological health plan is offered by the City, participating
employees may pay the premiums through the Flex Plan.
2. Reimbursable Programs
A represented employee may elect to receive reimbursement through the Flex
Plan for the following types of expenditures. The descriptions below are
general in nature. Specific rules for allowable reimbursements will be based on
applicable Internal Revenue Code sections or City administrative policies.
a. Vision, Dental and Medical Expenses
An employee may apply any remaining Flex Plan balances to out-of-
pocket vision, dental and medical costs on a reimbursement basis.
Employees remain free to be attended by the professional personnel or
pharmacy of their own choosing.
b. Educational Assistance
Employees may elect to receive reimbursement for expenses incurred
for education directly related to career development. Allowable expenses
include tuition, fees, and similar payments, books, supplies, and
equipment. Books purchased through the Flexible Benefit Plan belong
to .the City and are to be returned upon completion of the course or
upon termination of employment, whichever is later. Expenses not
allowed for reimbursement include tools or supplies which are retained
by an employee after completion of a course of instruction, meals, or
lodging. Employees must obtain approval of the department head and
the Director of Personnel prior to enrollment in the desired course. To
be reimbursable under this section, educational assistance must be
considered non-taxable in accordance with State and Federal laws.
lAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 12
\~~dD
?{J
.
.
.
To receive funds in advance, employees must complete and sign the
Flexible Benefit Plan Form available in the Personnel Department and
have it approved by their Department Head and Training Committee.
Upon completion of a course of instruction, employees must submit
evidence of a C grade or better, or advance funds must be returned
immediately.
c.
Physical Exam
Employees may elect to receive reimbursement for the cost of a
voluntary physical exam from the physician of their choice.
d. Miscellaneous Health Plan Costs
Employees may be reimbursed for deductible and out-of-pocket health
plan costs.
e. Dependent Care
Employees may receive reimbursement for dependent care expenses
incurred in order to allow the employee to work for the City.
Dependent care reimbursement from the Flexible Benefit Plan, alone or
in combination with a Dependent Care F.S.A. cannot exceed $5,000 per
calendar year (refer to Section 2.07 V. B).
f.
Supplemental Health Insurance
Employees may receive reimbursement for the costs of any City
sponsored health insurance plans which supplement the existing
City-offered health plans. Examples of such insurance may include
cancer insurance or intensive care insurance.
3. Deferred Compensation
An employee will be eligible to deposit a maximum of 20% of the beginning
Flex Plan balance into the deferred compensation plan at the end of a fiscal year
if the employee has matched the deposit with a like contribution from his/her
paycheck during the fiscal year. The allowability of this provision is
conditioned on approval by the IRS. Employees are responsible for completing
the appropriate forms to make Flex Plan deposits to deferred compensation.
III. Life Insurance - The City agrees to contribute the amount necessary to provide each employee
with $10,000 group term life insurance. Represented employees may apply for and purchase
from $30,000 to $300,000 of supplemental group term life insurance in $10,000 increments
through the City's group insurance plan, with said employees paying the additional cost
IAFF MOD FY 95-96 (Rev. October 9, 1995)
Page 13
PI,/ c)../
~I
through payroll deductions and/or the Flexible Benefit Plan (see Section H.C. above). (See
Section 2.11 regarding payment for health and life insurance during an u paid Leave of
Absence of more than one month.)
-
IV. Dental Plan - Employees will be eligible to participate in the group den plans arranged by
the City. Employees choosing to participate ina dental plan will do s at their own expense,
subject to he provisions of Sections I and H.C. above. (See Section . below regarding dental
payroll de ctions being treated pre-tax.)
~
V. Flexible Spen 'ng Accounts for Health Care and Dependent
Two Flexible Sp ding Accounts (FSA's), under Sections 5, 105, 129 and 213 of the Internal
Revenue Code, be offered to all represented emplo es. Employees may elect to budget
(through salary re ction) part of their wages for c ain health care and dependent care
reimbursements on re-tax basis. H the City do not meet IRS regulations or if the IRS
regulations change fo y reason, this benefit m be discontinued.
Before the start of
employees may elect to
welfare expenses. Salary
reimbursements will be ma
welfare expenses must qualifY.
Participating employees m
forms to receive reimbur
year, by law, are forfeit
ear Oanuary 1 to December 31), represented
duce th salary up to $2,500 to pay for eligible health and
. ns will accrue bi-weekly during the plan year and
a schedule to be determined by the City. Health and
der IRS regulations. This is a reimbursement program.
mit documentation of payment on the appropriate
alary reductions not spent by the end of the plan
-
A.
B. Dependent Care FS
Before the start the FSA plan year uary 1 to December 31) represented
employees may e ct to reduce their salary u 0 $5,000 to pay for eligible dependent
care. In no eve can dependent care pre-tax ars, whether reimbursed through an
FSA, the Cit Flexible Benefit Plan or a com ation of both, exceed $5,000 per
calendar ye refer to Section 2.07 II. C. 2. e). Sal reductions will accrue bi-weekly
during the an year and reimbursements will be ma n a schedule to be determined
. . Dependent care must qualify under all p inent IRS regulations. This
is a re ursement program. Participating employees m submit documentation of
payment and other information related to dependent car angements to receive
reimbursement. Salary reductions not spent by the end of tl1 Ian year, by law, are
forfeited to the City.
The City reserves the right to contract with a Third Party Adminl tor for
administration of both FSA's. The City will pay the start-up costs associated with
C. FSA Administration
-
IAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 14
\ \..\ - d-d-
through payroll deductions and/or the Flexible Benefit Plan (see Section II.C. above). (See
Section 2.11 regarding payment for health and life insurance during an unpaid Leave of
Absence of more than one month.)
IV. Dental Plan - Employees will be eligible to participate in the group dental plans arranged by
the City. Employees choosing to participate in.a dental plan will do so at their own expense,
subject to the provisions of Sections I and II.C. above. (See Section VI. below regarding dental
payroll deductions being treated pre-tax.)
V. Flexible Spending Accounts for Health Care and Dependent Care
Two Flexible Spending Accounts (FSA's), under Sections 125, 105, 129 and 213 of the Internal
Revenue Code, will be offered to all represented employees. Employees may elect to budget
(through salary reduction) part of their wages for certain health care and dependent care
reimbursements on a pre-tax basis. If the City does not meet IRS regulations or if the IRS
regulations change for any reason, this benefit may be discontinued.
A. Health and Welfare FSA
Before the start of the FSA plan year Oanuary 1 to December 31), represented
employees may elect to reduce their salary up to $2,500 to pay for eligible health and
welfare expenses. Salary reductions will accrue bi-weekly during the plan year and
reimbursements will be made on a schedule to be determined by the City. Health and
welfare expenses must qualify under IRS regulations. This is a reimbursement program.
Participating employees must submit documentation of payment on the appropriate
forms to receive reimbursement. Salary reductions not spent by the end of the plan
year, by law, are forfeited to the City.
B. Dependent Care FSA
Before the start of the FSA plan year Oanuary 1 to December 31) represented
employees may elect to reduce their salary up to $5,000 to pay for eligible dependent
care. In no event can dependent care pre-tax dollars, whether reimbursed through an
FSA, the City Flexible Benefit Plan or a combination of both, exceed $5,000 per
calendar year (refer to Section 2.07 11. C. 2. e). Salary reductions will accrue bi-weekly
during the plan year and reimbursements will be made on a schedule to be determined
by the City. Dependent care must qualify under all pertinent IRS regulations. This
is a reimbursement program. Participating employees must submit documentation of
payment and other information related to dependent care arrangements to receive
reimbursement. Salary reductions not spent by the end of the plan year, by law, are
forfeited to the City.
C. FSA Administration
The City reserves the right to contract with a Third Party Administrator for
administration of both FSA's. The City will pay the start-up costs associated with
IAFF MOV FY 95.96 (Rev. October 9, 1995)
Page 14
\\A~d-')-
7;)-
. VI.
third party administration. Participating employees will pay monthly, per employee,
or per transaction administration fees, if any.
Health and Dental Payroll Deductions Treated as Pre-Tax
Under Sections 125, 105 and 213 of the Internal Revenue Code, the City will treat all payroll
deductions for health and dental care on a pre-tax basis, unless an affected employee requests
that such deductions be treated as taxable income and taxed. If the City does not meet IRS
regulations or if the IRS regulations change for any reason, this benefit may be discontinued.
It is the intent of the parties that participating employees receive the maximum benefit
allowable in accordance with IRS regulations, at no expense to the City.
VII. Medical Premium Retirement Benefit Plan
The City will offer a medical premium retirement benefit plan, under Section 457(f) of the
Internal Revenue Code, to all represented employees through the JPEBA, Joint Powers
Employee Benefit Authority (or an equivalent plan). This program will provide employees
the option of making unlimited pre-tax contributions from their wages to pre-fund
post-retirement health insurance premium costs for themselves and their dependents. Since
IRC Section 457(f) requires restrictions on the program that can result in forfeiture of the
contributions to the City for specified reasons, employees are advised to carefully review the
information that will be provided on the program prior to deciding whether or when to
participate.
.
The City will pay the start-up costs associated with third party administration. Participating
employees will pay the participant costs (currently $24 per year). If the City does not meet
IRS regulations or if the IRS regulations change for any reason, this benefit may be
discontinued.
2.08
RETIREMENT
The City will provide the 2% at 50 retirement plan (Section 21252.01) for public safety
employees as provided for under the Public Employees' Retirement System (PERS). The City
will provide the following PERS options*:
I.
(1)
(2)
(3)
.
(4)
CREDIT FOR UNUSED SICK LEAVE
(Section 20862.8)
POST-RETIREMENT SURVIVOR ALLOWANCE
(Sections 21263, 21263.1 and 21263.3)
1959 SURVIVOR PROGRAM
(Sections 21380 - 7 including THIRD LEVEL OF 1959 SURVIVOR BENEFITS in
21382.4)
ONE-YEAR FINAL COMPENSATION
(Section 20024.2)
Page 15
IAFF MOU FY 95-96 (Rev. October 9. 1995)
!I.f..dj
173
*Note: PERCENTAGE COST OF LIVING (Section 21224) and $500 RETIRED DEATH
BENEFIT (Section 21367.51) are now part of the basic PERS retirement plan. They are,
therefore, n included in the above list of PERS optional benefits provided by the City, but _
will nonethel ss continue to be provided as part of the basic PERS plan.
II. The PERS 195 Survivor Benefit employee premium cost of $2.00 per month will be paigby
the City. ,
III. The City agrees to rovide represented employees with the option of purchasing LIT AR Y
SERVICE CREDI S PUBLIC SERVICE under PERS Section 20930.3. provided in
Section 20930.3, eligi e employees who decide to exercise the option to p chase up to four
years of prior military ervice credit would pay the amount calculated PERS for both the
employer's and the em yee's contribution.
IV. As long as it has the cle legal authority to do so, the ty agrees to continue Section
414(h)(2) of the Internal Rev ue Code relative to empl ee retirement contributions, which
permits employee PERS cont . utions to be treated deferred compensation.
V. In addition to the City's paymen f the emp er's ponion of PERS contribution, the City
agrees to pay the first;; g percent e poi of the basis on which the employee's ponion
(presently fixed at 9%) ofFERS con 'b on is calculated, effective Septeffieer 2, 1994 il>T!!i
.~~~~. ...
A.
entitled to education incentive pay as detailed
--
2.085
1. Employees represented
below:
Upon rification that a represented emp
rec . ed an Associates degree, the employee
i centive pay.
ee has completed course work for and
receive $100 per month in education
B.
Upon verification that a represented employee 11
received a Bachelors degree, the employee shall rec
incentive pay.
completed course work for and
e $150 per month in education
C. Continued receipt of education incentive pay for an ASSOCI s degree shall be contigent
upon ongoing completion of approved coursework subject t' biannual review by the
Fire Chief. .. '.. . .
MOU.
-
IAFF MOV FY 95-96 (Rev. October 9, 1995)
\ \.\: d.-~
Page 16
"Note: PERCENTAGE COST OF LIVING (Section 21224) and $500 RETIRED DEATH
BENEFIT (Section 21367.51) are now part of the basic PERS retirement plan. They are,
therefore, not included in the above list of PERS optional benefits provided by the City, but
will nonetheless continue to be provided as part of the basic PERS plan.
n. The PERS 1959 Survivor Benefit employee premium cost of $2.00 per month will be paid by
the City.
III. The City agrees to provide represented employees with the option of purchasing MILITARY
SERVICE CREDIT AS PUBLIC SERVICE under PERS Section 20930.3. As provided in
Section 20930.3, eligible employees who decide to exercise the option to purchase up to four
years of prior military service credit would pay the amount calculated by PERS for both the
employer's and the employee's contribution.
IV. As long as it has the clear legal authority to do so, the City agrees to continue Section
414(h)(2} of the Internal Revenue Code relative to employee retirement contributions, which
permits employee PERS contributions to be treated as deferred compensation.
V. In addition to the City's payment of the employer's portion of PERS contribution, the City
agrees to pay the first ;; ? percentage points of the basis on which the employee's portion
(presently fixed at 9%) ofPERS contribution is calculated, effective Septemeer 2, 19911~?i
1;99~. .
2.085 EDUCATION INCENTIVE PAY
1. Employees represented by Local 2180 shall be entitled to education incentive pay as detailed
below:
A. Upon verification that a represented employee has completed course work for and
received an Associates degree, the employee shall receive $100 per month in education
incentive pay.
B. Upon verification that a represented employee has completed course work for and
received a Bachelors degree, the employee shall receive $150 per month in education
incentive pay.
C. Continued receipt of education incentive pay for an Associates degree shall be contigent
upon ongoing completion of approved coursework subject to a biannual review by the
Fire Chief. CeBtHlttffig eaueati6ft arteria te be further aefiftca b} the Fife
Dcpartmeftt'3 Estteatie:a Mia Ty~~ Ce~ee "AitlttB l,O M, 3 ef NtmeAtiea ef du:
MOU. .
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 16
\ ~ 6-"\
74
.
.
.
2.09 HOLIDAYS
1.
Scheduled Holidays
A. Employees assigned to the Fire Suppression Division will receive one hundred ten
(110) hours holiday pay at straight time ( 10 hours for each of the 11 holidays described
below) each fiscal year. Payment will be made the first payday following November
1 annually and will be calculated based on the hourly rate the employee is being paid
on that payday. Pro-rated adjustments will be made for employees of represented
classifications entering or leaving the Fire Suppression Division of the Department.
B. Employees assigned to divisions other than Fire Suppressiolls~all aCCI11e8~ol1rs ()f
h lid . f h f f ( ) fl . h lida d lOhbIlinr+l
~
(Hard holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Day After Thanksgiving, and Christmas Day; floating holidays are:
Martin Luther King's Birthday, President's Day, Admission Day, and Veterans Day.)
.^...ft} emple} ee3 A33igtiea to at \' i3iOfl.J other tam F we Suppre~jJiaft ~ he ha \' e beea
a11oYv~ea t6 "ft"'od[ a 1 10 work ~ eek (fet1r tefl helil" cia, 3) may, at the el.'ftple, (:(:'3 61'tieft,
revert to a 5 8 ~8rk ~eek (fi.e eigftt hSt'll aa}3) atlnll~ ~erk ...felt,] (Friaa) threttp,.
Thlusday as aeftfted iR SeetieR 2.01 II) that eefttllffi hllf"d Iielidays.
II.
Unscheduled Holidays
Members of the Fire Department from Fire Fighter up through the rank of Fire Captain shall
work unscheduled holidays (i.e., special holidays declared by the President or Governor) at
their regular hourly rate of pay. If employees have that day off, they will not receive extra
compensation for the unscheduled holiday.
2.10 VACATION AND SICK LEAVE
Ii ~ii~n~~~
I,
~;
Definition - for the purpose of this section the following definitions shall apply:
A~. "Continuous service" means City service uninterrupted by separation.
B4. "Intermittent service" means City service interrupted by separation.
Gl. "Time worked" includes actual time worked, holidays with pay, and leave of
absence without pay (not to exceed one year) for which worker's compensation
is paid. It shall also include Saturdays, Sundays or other regular days off which
are immediately preceded or immediately followed by other time worked.
IAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 17
/'1 ",oI.~-
7~,
:9+. "Active service" includes time worked, leave of absence without pay not to
exceed 14 calendar days and leave of absence not to exceed one (1) year for
which workers' compensation is paid. /
-
~1l~
II. VACATION
1. The vacation acc ' al rates shall be as
A.
Vacation Accrual
has had continuous
following provisions
ontinuous Service: Each employe paid at a biweekly rate who
ll-time active service shall be e tled to vacation with pay. The
all apply:
Employees assigne R Fire Sup ession will accrue and be eligible to receive
112 hours annually, ( . ulativ 0 a maximum total leave balance of 224 hours)
during the first througn .'. 9 year of service. This benefit will be accumulated
at the rate of 4.30 wor ' ours for each full biweekly pay period of service
performed. Employees s' ned to divisions other than Fire Suppression are
eligible to receive 80 r' .hours annually (cumulative to a maximum total
leave balance of 160 ours) a ed at the rate of 3.07 working hours for each
full biweekly pay eriod of se ,e performed.
A
~,
Employees as gned to Fire Suppr ion will accrue and be eligible to receive
ually, (cumulative to a . '!Ximum total leave balance of 336 hours)
during t fifth through fifteenth . of service. The benefits will be
accumu ed at the rate of 6.44 working urs for each full biweekly pay period
of se lce performed. Employees assi " ~ to divisions other than Fire
Sup ession are eligible to receive 120 wor g hours annually (cumulative to
a aximum total leave balance of 240 hours) a ed at the rate of 4.60 working
ours for each full biweekly pay period of se ~ performed.
Employees assigned to Fire Suppression will accru"' . d be eligible to receive
224 hours annually, (cumulative to a maximum totall . ~ balance of 448 hours)
during the sixteenth and succeeding years of service. 'ilrhis benefit will be
accumulated at the rate of 8.59 working hours for each ful . 'weekly pay period
of service performed. Employees assigned to divisions ther than Fire
Suppression are eligible to receive 160 working hours annuall mulative to
a maximum total leave balance of 320 hours) accrued at the rate 0 4 working
hours for each full biweekly pay period of service performed.
--
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 18
\\\..~
~ "Active service" includes time worked, leave of absence without pay not to
exceed 14 calendar days and leave of absence not to exceed one (1) year for
which workers' compensation is paid.
~~
II. VACATION
A. Vacation Accrual- Continuous Service: Each employee paid at a biweekly rate who
has had continuous full-time active service shall be entitled to vacation with pay. The
following provisions shall apply:
1. The vacation accrual rates shall be as follows:
Employees assigned to Fire Suppression will accrue and be eligible to receive
112 hours annually, (cumulative to a maximum total leave balance of 224 hours)
during the first through fourth year of service. This benefit will be accumulated
at the rate of 4.30 working hours for each full biweekly pay period of service
performed. Employees assigned to divisions other than Fire Suppression are
eligible to receive 80 working hours annually (cumulative to a maximum total
leave balance of 160 hours) accrued at the rate of 3.07 working hours for each
full biweekly pay period of service performed.
Employees assigned to Fire Suppression will accrue and be eligible to receive
168 hours annually, (cumulative to a maximum total leave balance of 336 hours)
during the fifth through fifteenth year of service. The benefits will be
accumulated at the rate of 6.44 working hours for each full biweekly pay period
of service performed. Employees assigned to divisions other than Fire
Suppression are eligible to receive 120 working hours annually (cumulative to
a maximum total leave balance of 240 hours) accrued at the rate of 4.60 working
hours for each full biweekly pay period of service performed.
Employees assigned to Fire Suppression will accrue and be eligible to receive
224 hours annually, (cumulative to a maximum total leave balance of 448 hours)
during the sixteenth and succeeding years of service. This benefit will be
accumulated at the rate of 8.59 working hours for each full biweekly pay period
of service performed. Employees assigned to divisions other than Fire
Suppression are eligible to receive 160 working hours annually (cumulative to
a maximum total leave balance of 320 hours) accrued at the rate of 6.14 working
hours for each full biweekly pay period of service performed.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 18
\'\,~
76
2.
Maximum Vacation Accrual. At no time may an employee have more than
two years of vacation leave accumulated (i.e. twice the number of hours accrued
annually). No vacation credits shall be accrued above this limit.
.
B. Payment upon Separation - At the time an employee is separated from the City service,
whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation
to which he/she is entitled based upon his/her active service in prior years, and in
addition, he/she shall be granted vacation based upon the length of his/her active
service during the year in which the separation occurs and computed on the basis set
forth in Section (A). Payment shall be made hour for hour with any portion of an
hour being considered a full hour.
C. Vacation Use - Vacation balances shall be reduced by the actual time not worked to the
nearest quarter hour. Absence may not be charged to vacation not already
accumulated.
D. Payback - All members of represented classifications who have completed at least four
~~~~~~~~~=~~~b~~
assigned to Fire Suppression and 40 hours for employees assigned to other divisions)
of said vacation back to the City annually. The accumulated vacation balance will be
reduced accordingly. Payment of vacation hours will be made the first payday of any
month provided that the Finance Department has received ten working days advance
notice of the request prior to payday.
.
E.
Previously earned vacation balances will be adjusted if personnel are reassigned for
more than 2 consecutive pay periods to activities requiring a different duty week. A
transfer from Suppression to Prevention or Training requires the reduction of the
accumulated balance by 1.40 (existing balance divided by 1.40), and a transfer from
Prevention or Training to Suppression requires an increase in the accumulated balance
by 1.40 (existing balance multiplied by 1.40). In addition, the accrual rate will be made
to conform to the new duty week effective the first pay period beginning after the day
assigned, if the reassignment is for more than 2 consecutive pay periods.
F. The Shift Commander of each shift will be responsible to see that the vacation requests
for his/her shift are posted at each station by March 1 of each year.
III. SICK LEAVE
A. Sick leave is not a right which an employee can use at his/her discretion, but a
privilege which can be allowed only in case of necessity and actual sickness or injury,
or serious illness of immediate family members, which compel an employee to be
absent from work. When an employee is on sick leave, any type of outside
employment will not be permitted.
B.
Members of represented classifications assigned to the Fire Suppression Division will
accumulate sick leave at the rate of 5.15 working hours for each biweekly pay period
of service.
.
IAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 19
1'I"J.7
77
C.
Members of represented classifications assigned to divisions other than Fire Suppr
will accumulate sick leave at the rate of 3.68 working hours for each biwee y pay
period of service' (96 hours annually).
-
D. Previously earne sick leave balances will be adjusted if personnel are
more than 2 cons utive pay periods to activities requiring a different uty week. A
transfer from Sup ession to Prevention or Training requires the eduction of the
accumulated balan by 1.40 (existing balance divided by 1.40), a a transfer from
Prevention or Train g to Suppression requires an increase in the ccumulated balance
by 1.40 (existing bal e multiplied by 1.40). In addition, the a mal rate will be made
to conform to the n . duty week effective the first pay perio beginning after the day
assigned, if the reassi ent is for more than 2 consecutiv. pay periods.
E. Unused sick leave may ount but the City shall have
no financial obligation pay for such accumulat and unused sick leave upon
termination from the Ci owever, this subsection does not
abrogate the employee's r t to have all unus accumulated sick leave credited to
his/her service credits und PERS upon ret" ement or any rights provided under
Section G below. In calcul g the numb of days of service credits under PERS,
unused accumulated sick lea hours w' e divided by 11.2 for employees whose
accumulated balances are based the S pression rate and by 8.0 for employees whose
accumulated balances are based t non-Suppression rate.
F.
Termination of Sick Leave Bal ~(4850 Clause)
~
(1) Upon either the acc tance of' application by an employee for an industrial
disability retirem t, or upon t \ independent determination of the employer
that an emploz is industrially \ ~bled, the employee shall not be entitled to
use any rem 'ning sick leave, and such.remaining sick leave balance in the
employee' account shall be voide ~\ This language is intended to give the
emploz rights to terminate sick lea \ under the provisions of Government
Cod ection 21025.2 as a "provision[(!f a ... mle[s] or regulation[s] of the
e oyer [which] provide[ s] to the con ." . An application for industrial
sability retirement, either employee or ,ployer originated, shall not affect
the employee's rights under Worker's ' pensation laws, such as any
otherwise existing right to Temporary Disabi (including Labor Code Section
4850 benefits for safety officers).
-.
G. Sick Leave Reimbursement
(1) Employees using no more than 1/3 of the amount of SI leave they earned
during the previous fiscal year shall have the option of con rting 25% of their
accumulation of unused sick leave for the fiscal year to pay. In calculating the
number of hours that could be converted to pay, all computations shall be
.......,
IAFF MOU FY 95-96 (Rev. October 9, 1995)
\~~d5I
Page 20
C. Members of represented classifications assigned to divisions other than Fire Suppression
will accumulate sick leave at the rate of 3.68 working hours for each biweekly pay
period of service (96 hours annually).
D. Previously earned sick leave balances will be adjusted if personnel are reassigned for
more than 2 consecutive pay periods to activities requiring a different duty week. A
transfer from Suppression to Prevention or Training requires the reduction of the
accumulated balance by 1.40 (existing balance divided by 1.40), and a transfer from
Prevention or Training to Suppression requires an increase in the accumulated balance
by 1.40 (existing balance multiplied by 1.40). In addition, the accrual rate will be made
to conform to the new duty week effective the first pay period beginning after the day
assigned, if the reassignment is for more than 2 consecutive pay periods.
E. Unused sick leave may be accumulated in an nnlimited amount but the City shall have
no financial obligation to pay for such accumulated and unused sick leave upon
termination from the City for any reason provided, however, this subsection does not
abrogate the employee's right to have all unused accumulated sick leave credited to
hislher service credits under PERS upon retirement or any rights provided under
Section G below. In calculating the number of days of service credits under PERS,
unused accumulated sick leave hours will be divided by 11.2 for employees whose
accumulated balances are based on the Suppression rate and by 8.0 for employees whose
accumulated balances are based on the non-Suppression rate.
F. Termination of Sick Leave Balances (4850 Clause)
(1) Upon either the acceptance of an application by an employee for an industrial
disability retirement, or upon the independent determination of the employer
that an employee is industrially disabled, the employee shall not be entitled to
use any rem,ining sick leave, and any such remaining sick leave balance in the
employee's account shall be voided. This language is intended to give the
employer rights to terminate sick leave under the provisions of Government
Code Section 21025.2 as a 'provision[s] of a ... rule[s] or regulation[s] of the
employer [which] provide[s] to the contrary:. An application for industrial
disability retirement, either employee or employer originated, shall not affect
the employee's rights under Worker's Compensation laws, such as any
otherwise existing right to Temporary Disability (including Labor Code Section
4850 benefits for safety officers).
(2) Seetiol'l 2.10.lILP(1) !hall be dfeeti.e ~ ef J-.e 39,1995.
G. Sick Leave Reimbursement
(1)
Employees using no more than 1/3 of the amount of sick leave they earned
during the previous fiscal year shall have the option of converting 25% of their
accumulation of unused sick leave for the fiscal year to pay. In calculating the
number of hours that could be converted to pay, all computations shall be
IAFF MOU FY 95-96 (Rev. October 9. 1995)
Page 20
\~~d!I
"4:{
rounded to the nearest whole hour and the fiscal year will be considered to start
and end with the first pay period co=encing in July of each year.
.
(2)
If the pay option is selected, the paid sick leave hours shall be subtracted from
the employee's accumulated yearly sick leave balance. The remaining sick leave
hours shall be carried over and accumulated.
(3) Payment for the previous fiscal year will be made during the month of July of
each year. Pay will be computed based c;>n the employee's base salary rate on
June 15.
(4) An employee will not be eligible for sick leave reimbursement under this plan
if it would result in the employee having an accumulated sick leave balance of
less than the amount that the employee would earn during a two-year period.
This restriction shall not apply to subsections (5) and (6) below.
(5) Permanent employees who retire during the fiscal year may be compensated in
a prorated manner under this plan based on their formal retirement date.
Prorated payment may also be made under this plan to an employee who
terminates during the fiscal year.
(6)
In the event of the death of a represented employee while employed by the
~.qilf'i~~i~.~~i~~4t~~~i~iIt~@~~ii~~~i_~i~;~~illi
~~~~~~iil~~I!~~i~!!i~~l!II!.wll1.he.pa1d.to.the.appropr1ate.beneflC1ary~
.
(I
:mm~~ji~J~~I~~~iP'A~~~~~.!~1l1~~~~IIII~~~19.'ljMt3~!8Ity
--
H. Sick leave balances shall be reduced by the actual time not worked to the nearest
quarter hour. Absence for illness may not be charged to sick leave not accumulated.
I. Sick Leave Verification - The City may, in its discretion, require a doctor's certificate
and! or personal sworn affidavit verifying the nature, severity, and cause of the disabling
injury or illness of the employee or illness or injury of i=ediate family members in
order to determine eligibility for use of sick leave.
IV. BEREA VEMENT LEAVE
.
When an employee with permanent status is compelled to be absent from work because of the
death of an i=ediate family member, an i=ediate family member of the employee's spouse,
or any other person defined by the Internal Revenue Service as a dependent, and after such
employee makes written request and receives written department head approval, such
LAFF MOU FY 9S-96 (Rev. October 9, 1995)
Page 21
/ 1f....;2.7
7'1
employee may be allowed the privilege to be absent from work with pay for any scheduled
work during a period of up to five (5) calendar days, plus reasonable travel time. Travel time
will be actual time used not to exceed three (3) calendar days. Paid absence for family death
shall be charged to s\ck leaye. For purposes of bereavement leave, immediate family jncludes
husband, wife, child,\stepchild, brother, stepbrother, sister, stepsister, parent, step-parent or
any other person serv~g as a parent, grandmother, grandfather, or any other pers n living in
the same household as he employee.
\.1
\$~,
2.11 LEAVE OF ABSENCJ:\
Employees who are mentl or physically incapacitated to perform th . duties or who desire
to engage in a course of y such as will increase their usefulne on their return to the
classified service or who, fo y reason considered to be in t best interest of the City
government by the appointin uthority and the Director of P onnel, desire to secure leave
from their regular duties may, n written request, subject the recommendations of the
appointing authority and the. ector of Personnel with the approval of the City
Manager, be granted leave of ab ce without pay f a period not to exceed one year.
Employees asking for leave of absen without pay s submit their request in writing stating
the reasons why, in their opinion, t request sh d be granted, the date when they desire
the leave to begin, and the probable te of t return. For each leave without pay, the
Director of Personnel shall determine eth employees granted such leave shall be entitled
to their former position on their return f' such leave or whether their name shall be placed
on the reinstatement list for the class as ided for in the Civil Service Rules. If a request
for leave is denied, such denial is app able the Civil Service Commission.
.-..,
An employee who is granted an paid leave
reason, including a leave for sciplinary purp
insurance premiums for the tire period of the lea
provision shall not apply: f the leave of absence
disabled.
absence for more than one month for any
s, shall pay the cost of health and life
of absence, provided, however, that this
result of the employee being ill or
-.
2.12 MILITARY LEA
licable State and Federal laws
Military leave shall be ranted in accordance with the provisions of
(California Military d Veteran's Code).
2.13
I. Jury Duty
Permanent and probationary employees who are called to serve on jury du
state or federal court within the San Diego area shall be entitled to paid
following circumstances:
A. They must present to their supervisor the court order to appear for jury duty at least
three weeks prior to their date to report.
-
IAFF MOU FY 95-96 (Rev. October 9, 1995)
\~~ ~D
Page 22
employee may be allowed the privilege to be absent from work with pay for any scheduled
work during a period of up to five (5) calendar days, plus reasonable travel time. Travel time
will be actual time used not to exceed three (3) calendar days. Paid absence for family death
shall be charged to sick leave. For purposes of bereavement leave, immediate family includes
husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, step-parent or
any other person serving as a parent, grandmother, grandfather, or any other person living in
the same household as the employee.
2.11 LEAVE OF ABSENCE
Employees who are mentally or physically incapacitated to perform their duties or who desire
to engage in a course of study such as will increase their usefulness on their return to the
classified service or who, for any reason considered to be in the best interest of the City
government by the appointing authority and the Director of Personnel, desire to secure leave
from their regular duties may, on written request, subject to the reco=endations of the
appointing authority and the Director of Personnel and with the approval of the City
Manager, be granted leave of absence without pay for a period not to exceed one year.
Employees asking for leave of absence without pay shall submit their request in writing stating
the reasons why, in their opinion, the request should be granted, the date when they desire
the leave to begin, and the probable date of their return. For each leave without pay, the
Director of Personnel shall determine whether employees granted such leave shall be entitled
to their former position on their return from such leave or whether their name shall be placed
on the reinstatement list for the class as provided for in the Civil Service Rules. H a request
for leave is denied, such denial is appealable to the Civil Service Commission.
An employee who is granted an unpaid leave of absence for more than one month for any
reason, including a leave for disciplinary purposes, shall pay the cost of health and life
insurance premiums for the entire period of the leave of absence, provided, however, that this
provision shall not apply if the leave of absence is a result of the employee being ill or
disabled.
2.12 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of applicable State and F ederallaws
(California Military and Veteran's Code).
2.13 JURY DUIY AND COUfT LEAVE
I. Jury Duty
Permanent and probationary employees who are called to serve on jury duty for any county,
state or federal court within the San Diego area shall be entitled to paid leave under the
following circumstances:
A. They must present to their supervisor the court order to appear for jury duty at least
three weeks prior to their date to report.
IAFF MOD FY 95-96 (Rev. October 9, 1995)
Page 22
\~,~D
?1)
.
.
.
B. All fees received by the employee for jury duty for days when scheduled for work, not
including travel or subsistence pay, shall be submitted to the City.
C.
The employee must submit a daily court authorized, stamped time card accounting for
all hours of required service ordered by the court.
D. The Fire Chief will determine whether the employee is expected to report to work
before or after jury service.
E. Employees who are required to serve jury duty on their scheduled days off will not be
compensated for this time and may keep any fees paid by the court.
F. If the employee is not required to report for jury duty on any particular day(s), they
are then expected to be at work as per their normal schedule.
G. It is the employee's responsibility to inform his or her supervisor on a daily basis if
they are required to report for jury duty the following day. This may include calling
a supervisor after or before normal working hours.
H. Absence due to jury duty will be submitted on the City leave form.
II.
Court Leave
Court leave is paid leave granted by the City to enable an employee to fulfill his/her duty as
a citizen to serve as a witness in a court action to which the employee is not a party, before
a Federal, Superior, or Municipal Court located within San Diego County.
Court leave shall be limited to:
A. Required attendance before Federal, Superior, Municipal, and Justice Courts located
within San Diego County.
B. Time in attendance at court together with reasonable travel time between court and
work if the employee can reasonably be expected to return to work.
c. Court leave shall not be granted when the employee is paid an expert witness fee.
D. The employee must submit to the City any payment received, except travel and
subsistence pay, for such duty.
E. Court leave will only be granted to employees who are not litigants in a civil case,
related to litigants in a civil case, or defendants in a criminal case.
F. Employees shall provide their supervisor with a copy of the legal subpoena and provide
other documentary evidence of service.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 23
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2.14 LIMITED DUTY TIME
Activities during li 'ted duty time shall be limited to passive hobbies which: (1) shall not etract
from a person's abi'ty to respond immediately to any emergency; (2) shall not inc de any
commercial or profit-,aking venture; (3) shall not be so cumbersome or bulky as to infr.' ge upon
other members' lawful ctivities; and (4) shall not cause an unusual amount of dust or ebris, loud
or distracting noises, rep nant odors, or dangerous vapors. No use of City tools or m erials, except
water and hoses for was g personal vehicles, shall be permitted routinely. Exce for emergency
repairs, there will be no 'air or maintenance on any personal motive equipm t.
~
This item shall not abrogate e right of a Fire Captain, Battalion Chief, or e Chief to curtail any
activity which in his/her opi n is undesirable for the circumstances exi g at that time, nor shall
this item limit the right of th epartment to require night or eve drills or training, night or
evening inspections, or other re ed work.
-
2.15 LIMITED DUTY DAYS"
Such days shall be New Year's Day,
Thanksgiving, and Christmas.
ter Sunday, Mem 'al Day, Independence Day, Labor Day,
Work required on limited duty days shall
daily, routine schedule, and emergency duty.
Sundays shall also be considered limited dut
prohibited from conducting their own tr . .
required to participate in such training.
days except that individual fire companies are not
on Sundays. No represented employee shall be
-
2.16 SHIFf EXCHANGE
1111.ll.~IIII.~IP~~g
~~~ISI!.j.~91!~,i;91IgB~Bt~Ji~
Subject to the Battalion hief's or Fire Marshal's approv
voluntarily exchange s . s or parts of shifts when the change
of the Fire Departm t. In addition to exchange rank for rank,
but of qualified r may be permitted to exchange shifts.
employees shall have the right to
not interfere with the operation
sonnel of a lower classification
.Paybacks" of shift trades are the obligation of the employees involved in e trade. Paybacks should
be completed within one calendar year of the date of the initial shift t e. Any dispute as to
paybacks is to be resolved by the involved employees. The City is not res sible in any manner
for hours owed to employees by other employees who leave the employmen f the City or are
assigned other duties.
A record of all initial shift trades and .paybacks" shall be maintained by the involved
forms provided by the department.
-
IAFF MOV FY 95-96 (Rev. OClober 9, 1995)
Page 24
\'\""'d-
2.14 LIMITED DUTY TIME
Activities during limited duty time shall be limited to passive hobbies which: (1) shall not detract
from a person's ability to respond immediately to any emergency; (2) shall not include any
commercial or profit-making venture; (3) shall not be so cumbersome or bulky as to infringe upon
other members' lawful activities; and (4) shall not cause an unusual amount of dust or debris, loud
or distracting noises, repugnant odors, or dangerous vapors. No use of City tools or materials, except
water and hoses for washing personal vehicles, shall be permitted routinely. Except for emergency
repairs, there will be no repair or maintenance on any personal motive equipment.
This item shall not abrogate the right of a Fire Captain, Battalion Chief, or Fire Chief to curtail any
activity which in his/her opinion is undesirable for the circumstances existing at that time, nor shall
this item limit the right of the department to require night or evening drills or training, night or
evening inspections, or other related work.
2.15 LIMITED DUTY DAYS
Such days shall be New Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day,
Thanksgiving, and Christmas.
Work required on limited duty days shall consist of daily, routine schedule, and emergency duty.
Sundays shall also be considered limited duty days except that individual fire companies are not
prohibited from conducting their own training on Sundays. No represented employee shall be
required to participate in such training.
2.16 SIDFT EXCHANGE
1.lliTl~~II.II~~tRm9Im~Rt4g~~~~9!1~l!9~;m;lml~l!~il~~!I~~~tI!~
Subject to the Battalion Chief's or Fire Marshal's approval, employees shall have the right to
voluntarily exchange shifts or parts of shifts when the change does not interfere with the operation
of the Fire Department. In addition to exchange rank for rank, personnel of a lower classification
but of qualified rank may be permitted to exchange shifts.
'Paybacks' of shift trades are the obligation of the employees involved in the trade. Paybacks should
be completed within one calendar year of the date of the initial shift trade. Any dispute as to
paybacks is to be resolved by the involved employees. The City is not responsible in any manner
for hours owed to employees by other employees who leave the employment of the City or are
assigned other duties.
A record of all initial shift trades and 'paybacks' shall be maintained by the involved employees on
forms provided by the department.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 24
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8;;.
.
.
.
2.17 our OF CLASSIFICATION ASSIGNMENT
I. Employees assigned duty as an Acting Fire Engineer, Acting Fire Captain or Acting Battalion
Chief for a period of at least one full regularly scheduled, continuous work shift (24-hour
period) shall receive compensation at a rate of five percent (5%) above his/her base pay.
Payment will be retroactive to the beginning of the first regularly scheduled shift of the
out-of-class assignment and will continue until the out-of-class assignment ends, provided the
above full-shift minimum is met.
II. Employees assigned duty as Acting Fire Marshal for a period of at least 1 continuous week
shall receive compensation at a rate of five percent (5%) above his/her base pay, excluding any
overtime or standby pay. Payment will be retroactive to the beginning of the out-of-class
assignment and will continue until the out-of-class assignment ends, provided the above
full-week minimum is met.
III. The assignment of Acting Fire Engineer, Acting Fire Captain, Acting Battalion Chief, or
Acting Fire Marshal shall be made in writing and shall indicate the date and time the
assignment begins. If any part of an hour is worked as an out-of-class assignment, the entire
hour will be considered an out-of-class assignment. .
2.18 BILINGUAL PAY
Those employees who, upon the recommendation of the Fire Chief, the approval of the Personnel
Department and City Manager, and the successful completion of a Bilingual Performance Evaluation,
are regularly required to use their bilingual skills in the performance of their duties will receive $100
per month in addition to their regular pay.
The City reserves the right to assign employees receiving Bilingual Pay to duty stations where, in the
City's judgment, their bilingual ability is most useful in providing Fire Department services. No
~i~~~~~I~~~~i_1~~tiil~iti~~~~I~~~.~.illi~_~ij;~;~il!l~'
2.19 DIFFERENTIAL PAY
Represented employees assigned to the Fire Prevention or Training Divisions will receive 7-1/2%
additional compensation over their base wage, after they have been assigned to said Division for at
least two consecutive pay periods.
2.20 VACANCIES - PROMOTIONS
I. When a permanent vacancy occurs in any position, it shall be filled in accordance with the
Civil Service Rules, Chapter 1.00, Section 1.05 (A).
IAFF MOV FY 95-96 (Rev. October 9. 1995)
Page 25
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I
II. The City of Chula Vista will maintain promotional eligible lists so that not more than 1
days elapse between expiration and establishment of new lists.
III.
\
Long Term Acting or ut of Class Assignments will be made for the position of Su ression
Fire Captain and Battali n Chief in the event that personnel in these positions ar on injury
leave or modified duty f r a period of more than 6 weeks. These Long Term ing or Out
of Class Assignments sh not exceed six (6) months.
-
2.21 LAYOFF
I.
II.
III.
The City shall adhere to the pllowing layoff procedure whenever it nsiders it necessary to
reduce the unit's labor force' \order to lessen governmental costs, organize City operations
or reduce/eliminate City serv . s.
Order of Layoff: Unit emplo ~ s shall be laid off in the rder specified below. Within
categories 1, 2, 3, 4, 7 and 8, em yees shall be laid off' order of seniority. In category 5,
layoff decisions will be made by t . Fire Chief. Empl ees in category 6 will have the right
to bump back to the classification . m which they: ere promoted.
" .
Employees filling unbudgeted sltlOns
~
Vacation relief or other work re ..
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Interim employees.
-
Temporary employees.
Probationary ernE yees (original perman t appointment).
,
"
Employees 0 robation following promoti \ ~
"'\
employees whose last merit increa
ce, or who have, within the 26 pay perio
subje to disciplinary suspension of three days or
or r: uced in pay for cause as defined in the Civil Se
1 (A).
was withheld for reasons of job
immediately prior to layoff, been
re, or who have been demoted
Rules, Chapter 1.00, Section
(8) Permanent employees.
Seniority Defined: Seniority means continuous service with the City.
shall be detennined based on and in the following order:
re equal, seniority
Continuous service in Department, in classification, and employee scores on eligibility lists
and! or evaluation ratings.
-
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 26
\'-\- ~~
II. The City of Chula Vista will maintain promotional eligible lists so that not more than 120
days elapse between expiration and establishment of new lists.
III. Long Term Acting or Out of Class Assignments will be made for the position of Suppression
Fire Captain and Battalion Chief in the event that personnel in these positions are on injury
leave or modified duty for a period of more than 6 weeks. These Long Term Acting or Out
of Class Assignments shall not exceed six (6) months.
2.21 LAYOFF
I. The City shall adhere to the following layoff procedure whenever it considers it necessary to
reduce the unit's labor force in order to lessen governmental costs, reorganize City operations
or reduce/ e1iminate City services.
II. Order of Layoff: Unit employees shall be laid off in the order specified below. Within
categories 1, 2, 3, 4, 7 and 8, employees shall be laid off in order of seniority. In category 5,
layoff decisions will be made by the Fire Chief. Employees in category 6 will have the right
to bump back to the classification from which they were promoted.
(1) Employees filling unbudgeted positions.
(2) Vacation relief or other work relief positions.
(3) Temporary employees.
(4) Interim employees.
(5) Probationary employees (original permanent appointment).
(6) Employees on probation following promotion.
(7) Permanent employees whose last merit increase was withheld for reasons of job
performance, or who have, within the 26 pay periods immediately prior to layoff, been
subject to disciplinary suspension of three days or more, or who have been demoted
or reduced in pay for cause as defined in the Civil Service Rules, Chapter 1.00, Section
1.08 (A).
(8) Permanent employees.
III. Seniority Defined: Seniority means continuous service with the City. Where equal, seniority
shall be determined based on and in the following order:
Continuous service in Department, in classification, and employee scores on eligibility lists
and! or evaluation ratings.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 26
\'-\~ ~'-\
<;;4
N.
Demotions and Reassignments: In connection with layoffs of unit employees, the Fire Chief
may demote to lower classifications or otherwise transfer or reassign employees in order to
assure a balanced organizational and operational structure in the Department.
.
V. Reinstatement/Reemployment Lists: Employees demoted or laid off shall have their names
entered onto a reinstatement/reemployment list, with those demoted or laid off last being
placed at the top of the list. Any reemployment into the classification shall first be through
use of reinstatement lists and then reemployment lists, with only the candidate placing highest
on a list being certified to the appointing authority. When a rehire is anticipated the top
person on the appropriate list will be sent written notice by Certified Mail, Return Receipt
Service. If the individual cannot be contacted at the address in the Personnel Department
records, that person's name shall be removed from the list.
Persons on reinstatement and/or reemployment lists are responsible for seeing that the
Personnel Department has current addresses on file. If an individual declines a reemployment
offer or fails to respond within three (3) working days from the date the receipt is received
by the Personnel Department, his/her name will be removed from the list. Names will
remain on the reemployment list for not more than twenty-four months.
VI. Notice of Layoff: The Personnel Director shall send written notice by Certified Mail to the
last known address of each employee to be affected by a layoff at least fourteen (14) days prior
to the effective date of the action.
.
VII. Restoration of Benefits Upon Reemployment Following Layoff: Following rehire off of a
reemployment list, an individual will have the following benefits restored:
(1) Sick leave accruals (less any such sick leave reimbursed at the time of layoff.)
(2) Seniority at time of layoff for purposes of detertnination of continuous City service,
eligibility for merit increases and vacation accrual rates.
(3) The pay rate that will be awarded to a person who is reemployed shall be within the
pay range for the classification effective at the time of reemployment. The step within
the range will be the same step the employee was receiving at the time of layoff.
2.22 EQUIPMENT RESPONSffilLITY AND PROPERTY REPLACEMENT
I. The City will hold employees harmless for equipment damaged or lost, except for acts of
negligence, vandalism, intoxication or other substance abuse.
II. Any represented employee who, in the nortnal course of his/her employment, suffers damage
or destruction as a result thereof to his/her prescription glasses or wrist watch, shall be entitled
to replacement or repair thereof upon investigation and reco=endation by such employee's
department head, and approval by the City Manager, provided such damage or destruction did
not occur as a result of such employee's negligence. Said reimbursement shall not exceed the
reasonable value of functional replacement or repair. An employee will be reimbursed up to
.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 27
/ If.. 35-
r'/.r
6:;)
2.23
$75 or actual cost, whichever is less, for prescription glasses and up to $50 or actual cost, /_
whichever is less, for watches which are damaged or destroyed.
-
All represented employ s shall be eligible to participate In
Compensation plans.
2.24
VOLUNTARY
leto participate.in the Voluntary Time Off TO) Policy, as adopted
Council on May 25, 1993, subject to t prior approval of the Fire
3.01 PROHmITED PRACTI
I.
II.
III.
Local 2180 pledges it shall n
them to strike, fail to fully
otherwise impair the normal fu
cause, condone or c nsel represented employees or any of
faithfully perfo duties, slow down, disrupt, impede or
ions and pr edures of the Department or the City.
Should any represented employ
Memorandum of Understanding is
immediately notify Local 2180 that
br the obligations of Paragraph I while this
tive, the City Manager or his/her designee shall
eged prohibited action is in progress.
Local 2180 shall forthwith, and' anye
or other alleged prohibited lOn, shall
immediately return to wo and! or ceas
Manager with a copy of it ovisement, or, alt
or other prohibited act" ty.
t, within eight working hours disavow said strike
vise such employees orally and in writing to
he prohibited activity and provide the City
atively, accept the responsibility for the strike
-
IV. If Local 2180 disav es all positive actions hereunder in good
faith, the City sh not hold Local 2180 financially otherwise responsible. The City may
impose penaltie or sanctions as the City may appro . ately assess against the participants.
V. Should Loc 2180 breach its obligations or any of m under this section while this
Memoran m of Understanding is effective, it is agreed th he City shall pursue all legal and
admini ative remedies available to the City that in its dis ion it may elect to pursue.
VI. There shall be no lockout by the City while this Memorandum Understanding is effective.
3.02 MINIMUM STAFFING LEVELS
Effective with ratification of this MOU by Local 2180 and the City Council, the minimum staffing
level shall be 22 Fire Suppression personnel in classifications at the Fire Captain level or below.
-
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 28
,+ ~lP
$75 or actual cost, whichever is less, for prescription glasses and up to $50 or actual cost,
whichever is less, for watches which are damaged or destroyed.
2.23 DEFERRED COMPENSATION
All represented employees shall be eligible to participate ill the City's approved Deferred
Compensation plans.
2.24 VOLUNTARY TIME OFF POllCY
Represented employees are eligible to participate.in the Voluntary Time Off (VTO) Policy, as adopted
by Resolution 17126 of the City Council on May 25, 1993, subject to the prior approval of the Fire
Chief.
3.01 PROHIBITED PRACTICES
I. Local 2180 pledges it shall not cause, condone or counsel represented employees or any of
them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or
otherwise impair the normal functions and procedures of the Department or the City.
II. Should any represented employees breach the obligations of Paragraph I while this
Memorandum of Understanding is effective, the City Manager or his/her designee shall
immediately notify Local 2180 that an alleged prohibited action is in progress.
III. Local 2180 shall forthwith, and in any event, within eight working hours disavow said strike
or other alleged prohibited action, shall advise such employees orally and in writing to
immediately return to work and! or cease the prohibited activity and provide the City
Manager with a copy of its advisement, or, alternatively, accept the responsibility for the strike
or other prohibited activity.
IV. If Local 2180 disavows the prohibited activity and takes all positive actions hereunder in good
faith, the City shall not hold Local 2180 financially or otherwise responsible. The City may
impose penalties or sanctions as the City may appropriately assess against the participants.
V. Should Local 2180 breach its obligations or any of them under this section while this
Memorandum of Understanding is effective, it is agreed that the City shall pursue all legal and
administrative remedies available to the City that in its discretion it may elect to pursue.
VI. There shall be no lockout by the City while this Memorandum of Understanding is effective.
3.02 MINIMUM STAFFING LEVELS
Effective with ratification of this MOU by Local 2180 and the City Council, the minimum staffing
level shall be 22 Fire Suppression personnel in classifications at the Fire Captain level or below.
IAFF MOU FY 9S-96 (Rev. October 9, 1995)
Page 28
) 't, sIR
86
3.03 STATION MAINTENANCE AND REPAm
.
Employees represented by Local 2180 agree to perform normal fire station maintenance and repair.
"Normal fire station maintenance and repair" shall not include major construction or renovation
projects that are determined by the Fire Chief to be beyond the capability of the represented
employees or are projects that would seriously interfere with the ability of represented employees to
respond to emergencies. The City agrees to provide materials and equipment necessary to perform
the normal fire station maintenance and repairs as provided herein. The fire station maintenance and
repair duties will be performed between 0730 and 1630.
3.05 DRIVING ELIGmILITY POllCY
Whenever an employee drives a vehicle for City business, he or she shall have a valid California
driver's license. In order to ascertain the validity of the employees' licenses, employees must present
their driver's license to their supervisor upon request. H an employee's driver's license is revoked,
suspended, or otherwise made invalid, the employee must immediately inform his or her supervisor.
Failure to notify the supervisor may result in immediate disciplinary action. The City reserves the
right to check with the Department of Motor Vehicles to investigate an employee's driving record
and to determine if the employee's driver's license is valid.
.
An employee who does not possess a California driver's license will be considered for a non-driving
position, if one is available in the employee's classification. The non-driving assignment will continue
for a maximum of six months if there is a reasonable expectation the employee will have a valid
California Driver's License at the expiration of that time. Extensions to the six-month limit will be
considered on a case-by-case basis; however, in no case shall an employee receive more than one
non-driving assignment in any three-year period. When no non-driving assignment is available,
employees may request a leave of absence without pay for six months or until such time as their
license is once again valid, whichever is shorter.
3.06 PHYSICAL FITNESS ASSESSMENT AND PHYSICAL ABILITY TESTING
PROGRAMS
I. Physical Fitness Assessment Program - Unless they request and receive an exemption from the
Fire Chief, all represented employees shall participate in an annual physical fitness assessment.
The assessment will generally consist of a physical conditioning, nutritional and fitness training
assessment.
As part of the physical fitness assessment, an individualized exercise program with specific
improvement goals will be developed for each participant. Follow-up participation in an
individual exercise program shall be voluntary. Local 2180 shall, however, encourage their
members to participate in their individual exercise programs.
II.
Physical Ability Testing Program - Unless they request and receive an exemption from the
Fire Chief, all represented employees shall also take an annual physical ability test. The
annual physical ability test will consist of job-related physical ability events which have specific
performance standards which must be met by each employee in order to pass the test
successfully. Prior to implementing this testing program, the City has discussed the
.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 29
I if.. :i 7
8/1
appropriate physical ability performance standards and tests with representatives of Local 2180,
and the City will continue to consider Local 2180's input on the performance standards and
tests during the term of this agreement. A written and graphic description of the annu
physical ability test, as well as the procedures for retesting any employees not passing e
annual test, will be provided in a departmental General Order available in all fire stat' ns.
-
3.07 SUBSTANCE ABUSE POllCY
Represented employees are subject to the cu ,ent substance abuse policy as stated .
13971 adopted and approved by the City C \ cil on February 21, 1989.
3.08 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect unng
Understanding.
Section I.
(1)
(2)
(3)
of this Memorandum of
PURPOSE. The purposes and objec iVes of t
Resolve disputes arising from the interp
terms of this agreement.
lOn, application or enforcement of specific
ormally at the employee-supervisor level
. evances through the several supervisory
-
Resolve grievan',:es as
grievances thereby red
orrect, if possible, the causes of
es and future similar disputes.
Section II. DEFINITIONS. F
shall apply:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
edure the following definitions
Manager:
City Manager or his/her authorized repr
ay: A calendar day, excluding Saturdays, Sun
by this agreement.
artment head or head of a department: The chief executive 0
r of a department.
Director of Personnel: The Director of Personnel or his/her authorized representative.
Employee: Any officer or regular (not temporary) employee of the City, except an
elected official.
Employee representative: An individual who speaks on behalf of the employee.
Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this agreement.
-
IAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 30
ll\... SI
appropriate physical ability performance standards and tests with representatives of Local 2180,
and the City will continue to consider Local 2180's input on the performance standards and
tests during the term of this agreement. A written and graphic description of the annual
physical ability test, as well as the procedures for retesting any employees not passing the
annual test, will be provided in a departmental General Order available in all fire stations.
3.07 SUBSTANCE ABUSE POIlCY
Represented employees are subject to the current substance abuse policy as stated in Resolution No.
13971 adopted and approved by the City Council on February 21, 1989.
3.08 GRIEVANCE PROCEDURE
This grievance procedure shall be in effect during the full term of this Memorandum of
Understanding.
Section I.
(1)
(2)
(3)
Section II.
shall apply:
(1)
(2)
(3)
(4)
(5)
PURPOSE. The purposes and objectives of the Grievance Procedure are to:
Resolve disputes arising from the interpretation, application or enforcement of specific
terms of this agreement.
Encourage the settlement of disagreements informally at the employee-supervisor level
and provide an orderly procedure to handle grievances through the several supervisory
levels where necessary.
Resolve grievances as quickly as possible and correct, if possible, the causes of
grievances thereby reducing the number of grievances and future similar disputes.
DEFINITIONS. For the purpose of this grievance procedure the following definitions
Manager: The City Manager or his/her authorized representative.
Working Day: A calendar day, excluding Saturdays, Sundays and hard holidays as
described by this agreement.
Department head or head of a department: The chief executive officer of a department.
Director of Personnel: The Director of Personnel or his/her authorized representative.
Employee: Any officer or regular (not temporary) employee of the City, except an
elected official.
(6)
(7)
Employee representative: An individual who speaks on behalf of the employee.
Grievance: A complaint of an employee or group of employees arising out of the
application or interpretation of a specific clause in this agreement.
Page 30
IAFF MOD FY 95-96 (Rev. October 9, 1995)
, \\.. ~
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(8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an
employee.
.
(9)
Superior: The individual to whom an immediate supervisor reports.
Section III. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES.
(1) To be reviewable under this procedure a grievance must:
(a) Concern matters or incidents that have occurred in alleged violation of a specific
clause in this agreement; and
(b) Specify the relief sought, which relief must be within the power of the City to
grant in whole or in part.
(2) A grievance is not reviewable under this procedure if it is a matter which:
(a) Is subject to those reserved City Management Rights as stipulated under Section
4 of the Employer-Employee Relations Policy for the City of Chula Vista or
under management rights as specified in this agreement.
(b) Is reviewable under some other administrative procedure and/or rules of the
Civil Service Commission such as:
. 1.
2.
3.
4.
5.
Applications for changes in title, job classification or salary.
Appeals from formal disciplinary proceeding.
Appeals arising out of Civil Service examinations.
Appeals from work performance evaluations.
Appeals that have Affirmative Action or civil rights remedy.
(c) General complaints not directly related to specific clauses of this agreement.
(d) Would require the modification of a policy established by the City Council or
by law.
(e) Relates to any City group insurance or retirement programs.
Section IV. GENERAL PROVISIONS OF THE GRIEVANCE PROCEDURE.
(1) Grievances may be initiated only by the employee or employees concerned and may
not be pursued without his/her or their consent.
.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 31
1'1--31
6(J
(2) Procedure for Presentation. In presenting his/her grievance, the employee shall follow
the sequence and the procedure outlined in Section V.
-
(3) Prompt Prese tation. The employee shall discuss his/her grievance with his/her
immediate sup isor within ten (10) working days after the act or omission of
management ca ing the grievance, or within ten (10) working days of when the
employee, with t exercise of reasonable diligence, should have discovered the act or
omission being gnved.
(a)
(b)
n, act or acts complained of as an a
\
e written grievance shall be submitted on a form prescribe
nel for this purpose.
(4)
Prescribed Form.
the Director of Pers
(5)
The grievance shall contain a statement of:
The inequity or
e suffered by the employe . and
(c) The relief sought.
(6)
Employee Representative. The
at any step in the procedure. No
one representative for any employ
ployee y choose someone to represent himlher
so earing a grievance need recognize more than
t anyone time, unless he/ she so desires.
(7)
Handled During Working
during the regularly sched
enever possible, grievances will be handled
ours of the parties involved.
-
(8) Extension of Time. e time limits with which action must be taken or a decision
made as specifie . this procedure may be e ended by mutual written consent of the
parties involv. . A statement of the duration such extension of time must be signed
by both ies involved at the step to be exte ed.
(9) Co solidation of Grievances. If the grievance in yes a group of employees or if a
number of employees file separate grievances on the e matter, the grievances shall,
whenever possible, be handled as a single grievance.
(10)
Settlement. Any complaint shall be considered settle
completion of any step if all parties are satisfied or if neither
to a higher authority within the prescribed period of time.
ithout prejudice at the
presents the matter
(11) Reprisal. The grievance procedure is intended to assure a grieving loyee the right
to present his/her grievance without fear of disciplinary action or reprisal by his/her
supervisor, superior or department head, provided he/she observes the provisions of
this grievance procedure.
(12) Back pay. The resolution of a grievance shall not include provisions for back pay
retroactive further than twenty (20) working days prior to the date the grievance is _
IAFF MOU FY 95-96 (Rev. OClober 9, 1995)
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Page 32
(2) Procedure for Presentation. In presenting his/her grievance, the employee shall follow
the sequence and the procedure outlined in Section V.
(3) Prompt Presentation. The employee shall discuss his/her grievance with his/her
immediate supervisor within ten (10) working days after the act or omission of
management causing the grievance, or within ten (10) working days of when the
employee, with the exercise of reasonable diligence, should have discovered the act or
omission being grieved.
(4) Prescribed Form. The written grievance shall be submitted on a form prescribed by
the Director of Personnel for this purpose.
(5) Statement of Grievance. The grievance shall contain a statement of:
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(a) The specific situation, act or acts complained of as an agreement violation;
(b) The inequity or damage suffered by the employee; and
(c) The relief sought.
Employee Representative. The employee may choose someone to represent him/her
at any step in the procedure. No person hearing a grievance need recognize more than
one representative for any employee at anyone time, unless he/she so desires.
Handled During Working Hours. Whenever possible, grievances will be handled
during the regularly scheduled working hours of the parties involved.
Extension of Time. The time limits within which action must be taken or a decision
made as specified in this procedure may be extended by mutual written consent of the
parties involved. A statement of the duration of such extension of time must be signed
by both parties involved at the step to be extended.
Consolidation of Grievances. H the grievance involves a group of employees or if a
number of employees file separate grievances on the same matter, the grievances shall,
whenever possible, be handled as a single grievance.
Settlement. Any complaint shall be considered settled without prejudice at the
completion of any step if all parties are satisfied or if neither party presents the matter
to a higher authority within the prescribed period of time.
Reprisal. The grievance procedure is intended to assure a grieving employee the right
to present his/her grievance without fear of disciplinary action or reprisal by his/her
supervisor, superior or department head, provided he/she observes the provisions of
this grievance procedure.
Back pay. The resolution of a grievance shall not include provisions for back pay
retroactive further than twenty (20) working days prior to the date the grievance is
Page 32
IAFF MOU FY 9!>-96 (Rev. October 9, 1995)
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filed. However, if with the exercise of reasonable diligence the act or omission being
grieved was not discovered within 10 working days of its occurrence, and the grievance
is subsequently timely filed pursuant to Section IV (3), then the resolution of the
grievance may include provision for back pay for a maximum period of one year from
the date the grievance was filed.
Section V. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by
an employee submitting a grievance pursuant to policy:
Step 1 Discussion with Supervisor. The employee shall discuss his/her grievance with his/her
immediate supervisor informally. Within three (3) working days, the supervisor shall
give his/her decision to the employee orally.
.
Step 2 Written Grievance to Superior. H the employee and supervisor cannot reach an
agreement as to a solution of the grievance or the employee has not received a decision
within the three (3) working days' limit, the employee may within seven (7) working
days present his/her grievance in writing to his/her supervisor who shall endorse
his/her comments thereon and present it to his/her superior within seven (7) working
days. The superior shall hear the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the grievance.
Step 3 Grievance to Department Head. If the employee and superior cannot reach an
agreement as to a solution of the grievance or the employee has not received a written
decision within the seven (7) working days' limit, the employee may within seven (7)
working days present his/her grievance in writing to his/her department head. The
department head shall hear the grievance and give his/her written decision to the
employee within seven (7) working days after receiving the grievance.
Step 4 Grievance to Director and Manager. If the grievance is not settled at the department
head level, it may be submitted by the Association Representative within twenty (20)
working days to the Personnel Director, who shall investigate and report his/her
findings and recommendations to the City Manager within ten (10) working days. The
City Manager shall provide his/her answer within ten (10) additional working days.
The times indicated may be extended by mutual agreement. Any Employee grievance
will be filed with the Association Representative at Step 4.
Following the submission of the City Manager's answer, and before going to Section
VI, Advisory Arbitration, matters which are unresolved shall be discussed at a meeting
between the parties during which all pertinent facts and information will be reviewed
in an effort to resolve the matter through conciliation.
Section VI. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved
by the Grievance Procedure may be submitted to advisory arbitration by the Association
Representative or the City without the consent of the other party providing it is submitted within
ten (10) working days, following its termination in the Grievance Procedure. The following advisory
arbitration procedures shall be followed:
.
IAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 33
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(1)
The requesting party will notify the other party in wntmg of the matter to be
arbitrated and the contract provision(s) allegedly violated. Within five (5) working days
of the receipt of this notice, the parties may agree upon an arbitrator, or panel of thr
arbitrators, trained in conducting grievance hearings.
-
If a eement on an arbitrator cannot be reached, the State Department of
Relat ns shall be requested by either or both parties to provide a . of five
arbitr rs. Both the City and the Association shall have the right to st . e two names
from t list. The party requesting the arbitration shall strike the fir ame; the other
party s then strike one name. The process will be repeat d the remoining
person s I be the arbitrator.
(2) The arbitr r shall hear the case within twenty (20) wo g days after the arbitrator
has been sel ed. The arbitrator may make a writt report of their findings to the
Association d the City within fifteen (15) rking days after the hearing is
concluded. arbitrator shall make rules procedure. The decision of the
arbitrator shall advisory to the City Mager who shall render a final decision
within ten (10) king days.
The arbitrator shall
terms and shall limit
this agreement. The a
agreement.
ve no authorit to amend, alter or modify this agreement or its
ommenda. ns solely to the interpretation and application of
~e tim units of this provision may be extended by mutual
(3)
be submitted to a separately convened arbitration
and the Association mutually agree to have more
.tted to the same arbitrator.
-
(4) The City and th are the expense of arbitrators and witnesses and
shall share eq y any other expens including those of a stenographer, if required
by either p . If either party elects n to follow the advisory decision rendered by
the arbitr or, that party shall pay the en e cost of the arbitration process, including
the eXE se of the arbitrator, witnesses an r stenographer.
PROVISIONS
e chief executive officer of the
3.09 GENE
I.
For the purpose of this MOD, the "Fire Chief" shall me
Fire Department or his/her authorized representative.
II. For represented employees who were employed by the Montgom
at the time the area served by the District was annexed to the City, ir seniority rights shall
begin with their individual hiring dates with the District and all cont s service with the
District shall be deemed to be continuous service with the City.
III. For the purposes of vacation, holidays, sick leave, standby, and differential pay, all represented
employees assigned to a 40-hour work week (including a temporary modified duty assignment)
-
IAFF MOD FY 95-96 (Rev. October 9, 1995)
\~'\..Ic~
Page 34
(1) The requesting party will notify the other party in writing of the matter to be
arbitrated and the contract provision(s) allegedly violated. Within five (5) working days
of the receipt of this notice, the parties may agree upon an arbitrator, or panel of three
arbitrators, trained in conducting grievance hearings.
If agreement on an arbitrator cannot be reached, the State Department of Industrial
Relations shall be requested by either or both parties to provide a list of five
arbitrators. Both the City and the Association shall have the right to strike two names
from the list. The party requesting the arbitration shall strike the first name; the other
party shall then strike one name. The process will be repeated and the rem,ining
person shall be the arbitrator.
(2) The arbitrator shall hear the case within twenty (20) working days aher the arbitrator
has been selected. The arbitrator may make a written report of their findings to the
Association and the City within fifteen (15) working days aher the hearing is
concluded. The arbitrator shall make rules of procedure. The decision of the
arbitrator shall be advisory to the City Manager who shall render a final decision
within ten (10) working days.
The arbitrator shall have no authority to amend, alter or modify this agreement or its
terms and shall limit reco=endations solely to the interpretation and application of
this agreement. The above time limits of this provision may be extended by mutual
agreement.
(3) Each grievance or dispute will be submitted to a separately convened arbitration
proceeding except when the City and the Association mutually agree to have more
than one grievance or dispute submitted to the same arbitrator.
(4) The City and the Association shall share the expense of arbitrators and witnesses and
shall share equally any other expenses, including those of a stenographer, if required
by either party. If either party elects not to follow the advisory decision rendered by
the arbitrator, that party shall pay the entire cost of the arbitration process, including
the expense of the arbitrator, witnesses and/or stenographer.
3.09 GENERAL PROVISIONS
I. For the purpose of this MOD, the "Fire Chief" shall mean the chief executive officer of the
Fire Department or his/her authorized representative.
II. For represented employees who were employed by the Montgomery Fire Protection District
at the time the area served by the District was annexed to the City, their seniority rights shall
begin with their individual hiring dates with the District and all continuous service with the
District shall be deemed to be continuous service with the City. .
III. F or the purposes of vacation, holidays, sick leave, standby, and differential pay, all represented
employees assigned to a 40-hour work week (including a temporary modified duty assignment)
lAFF MOV FY 95-96 (Rev. October 9, 1995)
Page 34
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.
.
IV.
.
4.01
1.
II.
.
shall be eligible for the same benefits under the same terms as employees assigned to the Fire
Prevention or Training Divisions with a 40-hour work week.
The parties recognize that the City must comply with the statutory prOVlSlons of the
Americans With Disabilities Act (ADA). The ADA requires acco=odations for individuals
protected under the Act, and these acco=odations must be determined on an individual, case-
by-case basis. The parties agree that, in order to comply with the provisions of the ADA, the
City may need to make exceptions to this MOU and/or to an existing policy, practice or
procedure of the City relating to the terms and conditions of employment not covered by this
MOU. The parties agree that the City has the right to make such exceptions on an individual
case-by-case basis, in order for the City to accomplish reasonable acco=odation to avoid
discrimination relative to hiring, promotion, granting permanency, transfer, layoff,
reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves,
fringe benefits, training opportunities, hours of work or other terms and privileges of
employment.
Local 2180 recognizes that the City has the legal obligation to meet with the individual
employee to be acco=odated before any adjustment is made in working conditions. The
City will notify Local 2180 of these proposed acco=odations prior to implementation by
the City if the acco=odations require the City to make an exception to this MOU; the City
will not, however, share medical records or violate the privacy rights of the individual with
a disability.
Any acco=odation provided to an individual protected by the ADA shall not establish a past
practice, nor shall it be cited or used as evidence of a past practice, such as in the grievance
procedure.
TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall remain in full force and effect co=encing July
8, 1991 ~!t~~ throughJl1ry 1, 19951ij~~~gi~~ (gfthe date closest to July 1 that is the end
of a pay perlod) , and it is understocidaiidagreedihat the terms, conditions, wages and all
provisions of this Memorandum of Understanding shall continue in effect until a new
Memorandum of Understanding is negotiated and subsequently ratified by Local 2180 and the
City Councilor until this MOU is superseded in accordance with Section 14.C. of the
Employer-Employee Relations Policy. Said terms and conditions as outlined in this
Memorandum of Understanding shall remain in effect, unless otherwise noted, from July +,
-1995 ~i~~~~ (~t the date closest to July 1 that is the beginning of a pay period) until the first
pay perlcid ln July 19964, unless one of the parties notifies the other in writing no later than
April 1, 199;P, of its desires to modify or terminate the agreement and provides written
proposals for such modifications no later than May 15, 199~~.
This MOU fully and completely incorporates the understandings of the parties hereto for the
full term of this agreement, constituting the sole and entire understanding between the parties.
It is further understood, however, that nothing herein prohibits the parties from changing and
amending the terms of this MOU during the period of its effectiveness by further
consultations or meet and confer sessions by mutual agreement. For example, matters subject
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 35
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to Meyers-Milias-Brown which are not covered in the MOU, may be acted upon by City
unilaterally after eeting and conferring on such matters. Nothing contained herein shall /
affect rights and p 'vi1eges of parties as established by the laws of the State of California, ,ay
contained in the . ornia Government Code under those provisions known as t~
Meyers-Milias-Brown . ct, unless specifically referred to herein.
\
-
III. The provisions of this emorandum of Understanding shall be subject to Federal, S te and
local law.
IV. If at any time during the te of this Memorandum of Understanding, throu causes beyond
the control of the City, the 'w does not receive a substantial amount of cipated budgeted
revenues or is required to m e substantial unanticipated expenditures en, in such event,
the City may, with mutu greement of Local 2180, reopen s Memorandum of
Understanding and meet and c .er on employment benefits. 1: s section, however, in no
way affects the existing right of City to layoff employee
4.02 SAVINGS CLAUSE
If any article or section of this Memorandum Under ding should be held invalid by operation
of law or by a final judgment of any tribunal c petent jurisdiction, or if compliance with or
enforcement of any article or section should b strained by such tribunal, the remainder of this
Memorandum of Understanding shall not b fec thereby.
In the event of the invalidation of article or se 'on, the City and Local 2180 agree to meet
within sixty (60) days after the ex . ation of any a rative or judicial appeal period/process for -,
the purpose of meeting and co erring over said invalid d section or article.
-.
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 36
\ '\-~ "\
to Meyers-Milias-Brown which are not covered in the MOU, may be acted upon by City
unilaterally after meeting and conferring on such maners. Nothing contained herein shall
affect rights and privileges of parties as established by the laws of the State of California, as
contained in the California Government Code under those provisions known as the
Meyers-Milias-Brown Act, unless specifically referred to herein.
III. The provisions of this Memorandum of Understanding shall be subject to Federal, State and
local law .
N. If at any time during the term of this Memorandum of Understanding, through causes beyond
the control of the City, the City does not receive a substantial amount of anticipated budgeted
revenues or is required to make substantial unanticipated expenditures, then, in such event,
the City may, with mutual agreement of Local 2180, reopen this Memorandum of
Understanding and meet and confer on employment benefits. This section, however, in no
way affects the existing right of the City to layoff employees.
4.02 SAVINGS CLAUSE
If any article or section of this Memorandum of Understanding should be held invalid by operation
of law or by a final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the remainder of this
Memorandum of Understanding shall not be affected thereby.
In the event of the invalidation of any article or section, the City and Local 2180 agree to meet
within sixty (60) days after the expiration of any administrative or judicial appeal period/process for
the purpose of meeting and conferring over said invalidated section or article.
lAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 36
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F or the City:
Dawn Herring
Chief Negotiator
City of Chula Vista
T earn Members:
Jim Hardiman, Fire Chief
Nancy Woods
Shauna Stokes
For Local 2180:
Greg Dum
Chief Negotiator
Local 2180, IAFF
T earn Members:
Steve Miller, President
Steve Bremner
Mark McDonald
IAFF MOU FY 95-96 (Rev. October 9, 1995)
Page 37
I'IK
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U the City p~';;s byoffs of positions represented by WeE or treeWlg 01
deletion of vacant posItions represented by weE iller 7/1/95, over and above
any positions frozen or deleted in FY1995.96 City budget, the Ciry will have
Engineering maua.gement discuss these with a twO (2) person WeE team to
..1scuss possible Jteroatives. WeE will act ooly in m advisory capacity to the
City and acknowled!;cs and recognizes the City's full rights under Section 1.03
of this Memor.ndum
--;.;;;~
1.05 DISCRIMINATION PROHIBITED
_..':':.lio.'~..'!'&"
Neither the City nor Western CounCil of Engineers (WCE) shall di~rimi.nate in my way on .ccaunt
of ract', creed. religion, seX, natIOnal origin, nuntal sutus, sexual onentation. age or diS;;l.bility as
provided by bw. Western Couneu of Engineers and those it represents, shill fully coapture with
the City in complying with this rt'quirement of nondiscrimination.
2.01 WAGES
A. Due to the current e<:onotnJc conditions, there will be DO ~uy muease for WCE represemed/
position.._ This section of the Memorandum is based on WCE's good bitb acceptance of tbe!
City's dum that the City has DO funds ava.i.lable for salary Ulcreases. The pay range of e;lch
classdlCation sbill be JS listed In the 'Sabry Plm" anacbed herno md made a pan ht'reof.
For FY1995.96, tbe City shill pay employees represented by WCE a one-time only pre-tax
stipend in tbe m1aun! of $125 per employee, effective the first pay day in December 1995.
For FY1996-97, the City shall pay employees represented by WCE a one-time only pre-tax
stipend in tbe amount of S250 per employee, effective tbe first pay day in December 1996.
For FY1997-98, the City will conduct 2 wage survey of certain cities in San Diego County as
shown below:
Cn-y of Sw Diego
COUlll y of San Diego
OceanSIde
SID Marcos
uMtsa
N2tiom.l City
EnclJu,,l.S
Escondida
Poway
Vist.l
Carlsbad
El CJjon
Santee
P2gC 3
'-........
/4( 'It
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
/ 8"~?(
Resolution Approving Cash Advances from the Trunk
Sewer Capital Reserve Fund to Various Redevelopment Agency
Funds and from the Equipment Replacement Fund to the Central
Garage Fund
Item
Meeting Date 10/17/95
If
SUBMITTED BY: Director of Finance~
REVIEWED BY: City Manager ~
(4/5ths Vote: Yes No X )
--
BACKGROUND: Over the last few years, while the City's all Funds balance has
been substantial, the available cash in certain City/Agency Funds has been
depleted beyond a zero balance. This, in effect, is an unrecorded, interest-free
loan against all other City/Agency Funds. In addition, Funds with positive cash
balances are earning less interest revenue than warranted due to this practice. As
of September 25, 1995, there were twenty-two different Funds with deficit cash
balances totaling approximately $5.7 million. It is recommended that we move
towards returning all Funds to a positive cash balance as soon as practical and
implementing strict controls to not allow any transaction against any cash account
which would reduce it below zero.
RECOMMENDATION: That the Council approve the resolution authorizing cash
advances to various Agency Project Area Funds from the Trunk Sewer Capital
Reserve Fund in an amount not to exceed $3,550,000, and a cash advance to the
Central Garage Fund from the Equipment Replacement Fund in an amount not to
exceed $550,000, all to be repaid with interest as soon as possible.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION: The City Attorney issued his opinion dated November 1, 1994,
(copy attached), indicating that loaning temporarily excess cash in the Sewer
Funds to other Funds is legal and appropriate as long as, among other conditions,
the Fund providing the loan receives interest in return.
Over the last few years the available cash in several City/Agency Funds has been
depleted beyond a zero balance. This in effect is an unrecorded, interest-free loan
against other City/Agency Funds and causes financial reports of those Funds to be
inaccurate and misleading. Other City/Agency Funds are also earning less interest
revenue than warranted due to this treatment.
/Y/
17
The most significant cash deficits currently exist in the following funds:
RDA-Town Centre II . . . . . . . . .. ($1,431,983)
RDA-Southwest . . . . . . . . . . . ($ 628,419)
RDA-Bayfront/Town Ctr I . . . . . . . . .. ($1,366,801)
Library Construction Fund. . . . . . . . . . . . . . .. ($ 607,158)
Central Garage Fund ........................... ($ 487,506)
Redevelooment Aaencv Funds
Due to the magnitude of the cash deficits in the Agency Funds, the issue can only
be resolved in the near term through a cash advance from another Fund, such as
the Trunk Sewer Capital Reserve Fund. Currently, the Trunk Sewer Capital
Reserve Fund has the largest cash balance of any City Fund at $14,330,531. If
there continues to be a concerted effort to reduce the deficit through land sales
and to curtail deficit spending in the Agency, the situation should correct itself and
allow the advance to be repaid with interest over only a few years or less.
Since the primary source of revenue for these Agency Funds is property tax, and
this revenue is received only in three or four lump sums during the year, it is
necessary to borrow more than the deficit amounts listed above in order to cover
scheduled expenditures until the next significant cash receipts are anticipated in
December. Taking this into consideration, as well as the imminent receipt of cash
from the sale of the EI Dorado Building, it is recommended that the advances be
approved for the following maximum amounts to be repaid with interest applied at
the rate earned by the City Investment Pool:
Town Centre II
Southwest
Bayfront/Town Centre I
TOTAL
$1,700,000
. $ 850,000
$1.000.000
. .. $3,550,000
The Finance Department will monitor the cash situation in the Agency Funds and
only transfer the minimum amount of cash necessary to maintain a zero balance in
order to minimize the interest expense to the Agency. In this sense, the
transactions will be handled similar to a line of credit.
As previously indicated, the Trunk Sewer Capital Reserve Fund has a cash balance
of $14,330,531, the largest in the City. The balance in this fund is expected to
grow to in excess of $16 million by the end of this fiscal year. The Trunk Sewer
Capital Reserve Fund includes all revenue derived from connection fees charged to
developers for permits to develop or modify use of any property which is projected
by the City Engineer to increase the volume of flow into the City sewer system.
For several years, the City has been charging $2,000 per EDU, primarily to provide
money necessary to fund the anticipated Metro Sewer Upgrade. Another example
/S'.2..
cre
Page 3, Item
Meeting Date 10/17/95
If'
of a major project that may be required is the Otay Valley Line between the
location of the proposed Otay Valley Water Reclamation Plant and the Metro Sewer
Trunk near the 1-5 freeway, which could cost in the neighborhood of $10 million.
While we do not yet know the total cost of the Metro Sewer Upgrade, it is
expected that the costs for the Upgrade and other sewer infrastructure needs will
greatly escalate over the next few years, drawing down the existing reserves.
Since most of the projected infrastructure needs are still some years off, and the
current cash balance in the Trunk Sewer Capital Reserve Fund is so large, the
proposed advances to the Agency are not expected to have any negative impact
on the City's ability to fund sewer needs over the next few years.
Librarv Construction Fund
The Library Construction Fund, which is funded through a reimbursement grant
from the State, and the miscellaneous grant Funds will self-correct as the
anticipated reimbursements from the Grantor Agencies materialize. In the case of
most grants, the local governmental entity is expected to front the money for the
grant activity in exchange for the promise of reimbursement from the Grantor
Agency. The reimbursement rarely, if ever, includes interest on the funds
advanced by the local government. In the future, it is recommended that grants be
specifically advance funded by an ongoing City Fund such as the General Fund.
Any such arrangements will necessarily be included in recommendations to Council
at the time the grant-funded project is approved.
Central Garaae
The Central Garage is accounted for as an Internal Service Fund and as such,
expected to recover all costs through charges to other City Funds, primarily the
General Fund. Since the 1970's, when this activity was organized in this fashion,
it has incurred relatively small annual operating deficits, resulting in the large deficit
cash balance shown today. The cost recovery system currently in place will be
thoroughly reviewed over the next several months in order to arrive at a solution to
this ongoing problem. In the interim, it is recommended that the current cash
deficit in the Central Garage be eliminated through an advance from the Equipment
Replacement Fund in the maximum amount of $550,000. The current cash
balance in the Equipment Replacement Fund is $1.5 million, with revenues
projected to be approximately $200,000 greater than expenditures during fiscal
year 1995-96. The proposed advance is not expected to adversely impact the
City's ability to fund routine equipment replacement during the life of the advance.
/.5> 3
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Page 4, Item /.5
Meeting Date 10/17/95
Other Funds
Several other City Funds are also currently in a cash deficit situation. However, no
action is recommended at this time since, as in the case of the Library
Construction Fund, this condition is expected to be only temporary and will be
remedied by the receipt of current year reimbursements, revenues, etc.
FISCAL IMPACT: The fiscal impact from the recommended action to advance City
funds to the Agency will be increased interest expense to the three Agency Funds
and increased interest revenue to the Trunk Sewer Capital Reserve Fund. The
dollar amount will vary by year based on the amount of the advance outstanding
and the earnings rate of the City Investment Pool. Assuming the entire
recommended advance amount is approved and remains outstanding throughout
the remaining nine months of fiscal year 1995-96, the related interest cost/revenue
would be approximately $147,845 (advance amount ($3.55 million) times interest
rate (5.63%) times 270/365 days). In reality, the actual amount should be
significantly less than this.
The fiscal impact from the recommended action to advance cash from the
Equipment Replacement Fund to the Central Garage Fund will be increased interest
expense to the Central Garage Fund and increased interest revenue to the
Equipment Replacement Fund. Assuming the entire recommended advance
amount is approved and remains outstanding throughout the remaining nine
months of fiscal year 1995-96, the related interest cost/revenue would be
approximately $22,905 (advance amount ($550,000) times interest rate (5.63%)
times 270/365 days). In reality, the actual amount should be significantly less
than this.
/s~t(
lro
RESOLUTION NO. / J"tJ It(
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CASH ADVANCES FROM THE
TRUNK SEWER CAPITAL RESERVE FUND TO VARIOUS
REDEVELOPMENT AGENCY FUNDS AND FROM THE
EQUIPMENT REPLACEMENT FUND TO THE CENTRAL
GARAGE FUND
WHEREAS, over the last few years the available cash in
various City/Agency Funds has been depleted beyond a zero balance;
and
WHEREAS, this, in effect, is an unrecorded, interest-free
loan against all other City/Agency Funds; and
WHEREAS, in addition, funds with positive cash balances
are earning less interest revenue than warranted due to this
practice; and
WHEREAS, as of September 25, 1995, there were twenty-two
different Funds with deficit cash balances totaling approximately
$5.7 millions; and
WHEREAS, it is recommended that we move towards returning
all funds to a positive cash balance as soon as practical and
implementing strict controls to not allow any transaction against
any cash account which would reduce it below zero.
NOW, THEREFORE, BE IT RESOLVED that the City Council and
the Redevelopment Agency does hereby jointly authorize, acknowledge
and consent to the existence of an indebtedness of the Agency to
the City's Trunk Sewer Capital Reserve Fund in an amount as set
forth adjacent to each Project Area Fund below ("Funds", jointly
herein), commencing as of the date set forth adjacent thereto,
which indebtedness shall be repaid on demand by the City acting for
the benefit of the Trunk Sewer Capital Reserve Fund given the
reasonable demands that such Trunk Sewer Capital Reserve Fund may
have for cash requirements, but as aggressively as the resources of
the Project Area Funds permit given a rational allocation of the
resources of the Funds between the bonded debt service requirements
of the Funds, which shall have priority, the operational
requirements of the Funds, and the repayment of the indebtedness
herein acknowledged. Said indebtedness shall bear interest, as of
the date set forth adjacnet to the Fund named, compounded monthly,
at the City'S average yield on its Investment Pool earnings,
determined quarterly by the Finance Director:
1
Iyf
tor
RDA-Town Centre II. . . . . . .
RDA-Southwest . . . . . . . . .
RDA-Bayfront/Town Ctr I. . . . .
Library Construction Fund . . .
Central Garage Fund. .. . . . .
Total . . . . .. ....
Presented by
Robert Powell, Director of
Finance
C:\rs\loan.RA
2
Date of Interest
$1,366,000
$1,431,983
$ 350,000
$ 607,158
$ 487.506
4 242 647
form b
I.)<t
10/10/95
10/10/95
10/10/95
10/10/95
10/10/95
lo~
".
From the Office of the City Attorney
City of Chula Vista
Legal Opinion
Date: November I, 1994
From: Bruce M. Boogaard, City Attorney
1'0: Honorable Mayor and Councilpersons
cc: City Manager
Finance Director
Joseph Garcia
Re: Authority for Interfund Loans
The Council has referred Mr. Garcia's letter of October S, 1994, attached, to my Office
with a request for a legal opinion as to the legality of making interfund loans from excess
cash in the various sewer accounts.
I. Question Presented:
Is it legal for the City, through the management of the general or other funds, to borrow
monies in any of the sewer funds and put the proceeds of the loan to a use in another
fund for a purpose other than that for which they were originally collected?
n. Conclusion:
Within the following constraints, the sewer fund may make interim interfund loans to other
operating funds under the control of the City:
A. Legitimate Purpose for Having Excess Cash.
We have to have a legitimate sewer purpose for the excess cash. We can't charge
more for the service than the cost of the operation. But that doesn't mean that if
we have a legitimate purpose in building up a cash reserve, we have to allow the
funds to stay idle. They can and should be invested to maximize purchasing
power until sufficient funds are collected to do the project for which they were
collected. The excess in the sewer funds should be created pursuant to a
e:\sewer4. wp
November I, 1994
Interfund Loan Opinion
Page 1
/5',7
(()3
finandng plan intended to achieve the acquisition of capital facilities or other
operating needs of the system.
B. No Interest Subsidy.
The interim borrowing should bear a fair market interest rate which is set in
approximate relation to the risks associated with other investments in which the
Fund might invest its excess cash.
C. No Liquidity Interference
The interim borrowing by other funds should not be structured with repayment
dates that would, by the lack of cash in the Sewer Fund, interfere with the
legitimate sewer purpose for which the monies were originally collected.
D. Low Risk of Default
The risk of default on an interfund loan has to be of the same minimal quality we
would expect from an investment by the investment pool. The risk should be
separately assessed by the Council at the time the loan is being made.
m. Analysis.
Municipal interfund borrowing has not, by our research, been directly attacked.
Specifically, there is no California statutory law, case law or attorney general opinion that
we were able to find directly dealing with interfund borrowing or interfund transfers on
point to guide us on the legality of this practice. There are indirect principles of law that
govern our conclusion, as follows:
A. The City Must Have a Legitimate Purpose for Having Excess Cash.
Section 8 (c), a definition section, of Article XlIIB of the California Constitution
creates the concept that an imposition of a fee in excess of the legitimate needs of a fund
is in fact a special tax.
"(c) "Proceeds of taxes" shall include, but not be restricted to, all tax revenues and
the proceeds to an entity of government, from (1) regulatory licenses, user
charges, and user fees to the extent that those proceeds exceed the costs
reasonably borne by that entity in providing the regulation, product, or service, .
"
c:\sewer4.wp
November 1, 1994
Interfund Loan Opinion
Page 2
j5"'Y
Iii i
iU"
Sec. 4 of Article XIIIA of the California Constitution requires that all such taxes be
imposed by a 2/3rds vote of the public.
Cities, counties and special districts, by a two-thirds vote of the qualified electors
of such district, may impose special taxes on such district, except ad valorem
taxes on real property or a transaction tax or sales tax on the sale of real property
within iuch City, County or special district.
The concept that a fee designed to collect revenue in excess of expected costs of
operation is a tax has gotten into the state legislation:
.Sec. 50076. Defmition
As used in this article, . special tax. shall not include any fee which does not
exceed the reasonable cost of providing the service or regulatory activity for which
the fee is charged and which is not levied for general revenue purposes..
In City of Dublin v. County of Alameda, 14 Cal.App.4th 264, a California Court of
Appeal decision out of the First District (ours is the Fourth District), the City of Dublin
opposed the imposition of a trash tipping fee surcharge of $6 'per ton to fund a recycling
program. The City's attack was based, in part, on the contention that the fee would have
produced revenues in excess of the cost of the recycling program, and hence was a tax
in violation of Section 4 of Article XIIIA, cited above.
The Appellate Court captured the state of the law that a fee in excess of the cost
for the service was a tax needed 2/3rds vote to be legal:
. Although the section uses permissive language, the supermajority voter approval
requirement [of Article XIlIA, Section 4, cited above] was intended to restrict the
taxing power of local government. CRider v. County of San Diet'o (1991) 1 Cal.4th
1,5-6, 2 Cal.Rptr.2d 490, 820 P.2d 1000.) ...
Special taxes must be distinguished from regulatory fees imposed under the police
power, which are not subject to the constitutional provision. (Pennell v. City of San
l2K (1986) 42 Cal.3d 365, 374-375, 228.Cal.Rptr. 726, 721 P.2d 1111.) Special
taxes do not encompass fees charged to particular individuals in comiection with
regulatory activities or services when those fees do not ex~tI the reasonable cost
of providin2 the service or activity for which the fee is chm:,ed. and are not levied
for unrelated revenue pur:poses. (Gov.Code, Sec. 50076; Pennell v. City of San
laK, supra, at p. 375, 228 Cal.Rptr. 726, 721 P.2d 1111 [fee on rental units to
defray costs of administrative hearing process under rent control ordinance];
United Business Com. v. City of San Die,o (1979) 91 Cal.App.3d 156, 164-165,
e:\sewer4.wp
November 1,1994
Interfund Loan Opinion
Page 3
/5''''7
/05--
154 Cal.Rptr. 263 [fee on existing signs to recover costs of administering sign
control ordinance]; MilIsv. Coun~ ofTrini~(1980) 108 Cal.App.3d 656, 660-663,
166 Cal.Rptr. 674 [fee for processing various land-use applications].)"
Hence, it would be improper to charge a sewer fee which would generate more
funds than necessary to pay for the . cost of operating, expanding or maintaining the
sewage system, for the purpose of creating excess cash to loan to the ge.leral or other
funds for the purpose of financing general government functions.
B. Interfund Loaning is in part Constrainted by State Law Investment Policy.
Section 504 (11) of the Charter authorizes the Finance Director to assume "custody
of all public funds belonging to or under the control of the City or any office, department
or agency of the City government and deposit all funds in such depository as may be
designated by resolution of the Ciyt Council, or ifno such resolution be adopted, by the
City Manager, and in compliance with all the provisions of the State Constitution and the
laws of the State govemming the handling, depositing and securing of public funds;
"
The state law to which our Charter makes reference includes the investment
standards set forth in Government Code Section 53601 and 53635 ("Permissible
Investments for Local Agencies") and CivilCode Section 2261 ("Prudent Person Rule").
Both standards are generally the samel' and include such safe, low risk, liquid
investments as Federal Government-issued debt instruments (U.S. Treasury Bills), State
Government-issued debt instruments, "Triple A-rated" commercial dcbt instruments, and
bank accounts.
Section 53635, entitled "Funds of local agency; deposit or investment", permits
investment in the notes, warrants, and other evidence of indebtness of a local public
agency:
" As far as possible, all money belonging to, or in the custody of, a local
agency, including money paid to the treasurer or other official to pay the principal,
interest, or penalties of bonds, shall be deposited for safekeeping in state or
national banks ... in this state selected by the treasurer or other official having the
1. Except that a City Council is granted a little more latitude than a City
TreasurerlFinance Director. Compared Exhibit A to Exhibit B.
e:\sewer4.wp
November 1, 1994
Interfund Loan Opinion
Page 4
. J5~/()
lob
. .
.
.
legal" custody. of the money; or, unless otherwise directed by the legislative body
pursuant to Section 53601, may be invested in the following:
(a) Bonds issued by the local agency, including bonds payable solely out
of the revenues from a revenue-producing property owned, controlled, or operated
by the local agency or by a department, board, agency, or authority of the lcca1
agency.
(d) Bonds, notes, warrants, or other evidences of indebtedness of any local
agency within this state, including bonds payable solely out of the revenues from
a revenue-producing property owned, controlled, or operated by the local agency,
or by a department, board, agency, or authority of the local agency."
Investing the excess cash from the sewer fund into other governmental funds of
the City is, without the normal formality of executing notes, issuing bond indentures, or
getting statement from a common investment pool, such as the State managed Loca1
Agency Investment Fund, identical to an interfund loan to ourselves, as long as it bears
approximately similar interest for approximately similar risk, and has the other
"earmarkings. of an arm's length transaction.
C. The Interfund Loan Must Bear Interest and Otherwise Appear Like an Arms'
Length Transaction.
However, since the authority to engage in interfund loaning is grounded in the
need to generate interest on temporarily idle cash, it would be inappropriate that one fund
resources are used to subsidize another funds efforts. The lending fund must receive fair
market interest without undue risk.
While I have searched for but not found a case on point, I feel very comfortable in
asserting the principal that a trustee of various funds, such as a municipal government,
may not use the proceeds of one enterprise fund to subsidize (i.e., without receive
consideration of equivalent value-quid pro quo) the operations of another fund, including
the general fund.
Hence, the authority to engage in interfund loaning, e.g., from the sewer fund to
another governmental fund managed by the City of Chula Vista, is that it must bear a fair
market interest approximately similar to the interest we would receive from a similar
investment in the bonds or security of another public agency for a similar risk.
e:\sewer4. wp
November I, 1994.
Interfund Loan Opinion
Page 5
/5'1/
1'0r;
.' Furthermore, the Interfund Loan transaction should have as much formality as
possible to preserve the public record that the transfer is in fact an interest-bearing loan
at a fair market interest rate. My recommendation is that the Council should approve all
such loans in public meetings by written resolutions which bear the interest rate, or
formula interest rate1', and stating a given due date.V A lesser, but still acceptable
practice, "Would be for the Finance Director, who is by our Charter vested with investment
authority over surplus cash, to memorialize the loan by a written and fully executed note
from the sewer fund to the borrowing fund.
D. No Liquidity Interference
Part of the important earmarkings ofan arm's length loan which we would require
when investing our cash in a non-City managed investment is a fixed term of borrowing.
As an investor in outside investments, we would select an investment term based on our
liquidity needs.
Furthermore, in order to justify having excess cash in the first place is a need to
spend it on a specific project at a planned point in time.
Thus, the interim borrowing by other funds should not be structured with
repayment dates that would, by the lack of cash in the Sewer Fund, interfere with the
legitimate sewer purpose for which the monies were originally collected.
Therefore, an additional constraint on the practice of interfund loaning is fixing, by
a formal act, a due date for the repayment, and determining, based on sound accounting
and financial practices and projections, that there will sufficient funds to repay the
interfund loan on the date set.
E. Low Risk of Default
The prime authority that permits interfund loans is the state law investment policy.
The thrust of Government Code Section 53635 is that public funds may only be invested
in low risk securities. Hence, while we may be able to avoid much of the formality and
issuance costs associated with investments in other cities' bonds by interfund loans, we
should not avoid the trust-type duty to assess the risk of default by the interfund borrower
due to lack of liquidity or insufficient funds for repayment.
2. It has been a usual practice of the City to pay the simple average monthly interest
earnings on all interfund loans during the period of the loan.
3. This is to show that we willbe avoiding liquidity interference, discussed below.
e:\sewer4. wp
November I, 1994
Interfund Loan Opinion
Page 6
J5~/)..
IDg
COUNCIL AGENDA STATEMENT
Jt
Item
Meeting Date 10/17/95
Resolution /rt'Jf Accepting Bids and Awarding Contract for
the "Sidewalk Replacement and Installation of Sidewalk Ramps on Sea
Vale Street between Third Avenue and Second Avenue, in the City of
Chula Vista, California (STL-223)"
SUBMITTED BY: Director of Public wor!fJk~
REVIEWED BY: City Manager~ ~~~
At 2:00 p.m. on September 27, 1995 in Conference Room 2 of the Public Services Building,
the Director of Public Works received bids for the "Sidewalk Replacement and Installation of
Sidewalk Ramps on Sea Vale Street between Third Avenue and Second Avenue, in the City
of Chula Vista, California (STL-223)." The general scope of the project is replacement of
existing deteriorated sidewalks and driveways along Sea Vale Street between Third Avenue and
Second Avenue. The work includes removal of Portland Cement Concrete (pCC) curbs
(various heights), removal and replacement of asphalt concrete pavement, PCC slabwork
removal (various thicknesses), curb, sidewalk, driveways, sidewalk ramps, traffic control,
protection and restoration of existing improvements and other work as may be necessary to
render the above improvements complete and workable.
ITEM TITLE:
(4/5ths Vote: Yes_NoX)
RECOMMENDATION:
That Council accept bids and award the contract for "Sidewalk Replacement and Installation
of Sidewalk Ramps on Sea Vale Street between Third Avenue and Second Avenue, in the City
of Chula Vista, California (STL-223)" to Fox Construction, San Diego in the amount of
$33,100.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project are included in the FY 1995-96 Capital Improvement Program (CIP)
budget. The purpose of the project is to replace the deteriorated sidewalk in Sea Vale Street
between Third Avenue and Second Avenue. The project will also construct missing sidewalk
ramps at the intersections.
Bids for this project were received from six contractors as follows:
1&'--/
(01
Page 2, Item I ~
Meeting Date 10/17/95
Contractor Bid Amount
l. Fox Construction, Inc. - San Diego $33,100.00
2. Carolyn E. Schiedel - Contractor - La Mesa 37,627.50
3. Basile Construction, Inc. - San Diego 38,279.05
4. Ortiz Corporation - Chula Vista 38,935.00
5. Star Paving Corporation - San Diego 40,026.50
6. o & B Matthews Construction, Inc. - San Diego 49,860.00
The low bid by Fox Construction, Inc. is below the Engineer's estimate of $49,335 by $16,235,
or 32.9%. Staffs estimate was based on average unit prices received on a similar work
completed a few years ago. Because of the current economic conditions and the number of
bidders, the City received excellent bids for the proposed work.
Fox Construction is currently constructing the alley improvements east of Second Avenue
between J Street and Kearney Street. The work on this alley is progressing satisfactorily. Staff
had previously checked the references for the work performed by Fox Construction and these
were satisfactory. We, therefore, recommend the contract be awarded to Fox Construction.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit A).
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is a Class II!:> exemption under Section 15301 of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
Prevailing Wage Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were
required to pay prevailing wages to persons employed by them for the work under this
contract. No special minority or women owned business requirements were necessary as part
of the bid documents. Disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various minority trade publications.
/t~2
ito
Page 3, Item / t
Meeting Date 10/17/95
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $33,100.00
B. Staff (Design & Inspection) 11,000.00
C. Material Testing 500.00
D. Contingencies (Approximately 15%) 5,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $49,600.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Sea Vale Street Improvements - Third Avenue to Second $49,600.00
Avenue (STL-223)
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $49,600.00
FISCAL IMPACT:
Construction of this project will eliminate areas of broken sidewalk and will provide a
smoother and safer area to walk and use a wheelchair. This project will reduce the City's
potential liability. Funds were budgeted in the 1995-96 Capital Improvement Program (CIF)
Budget in project STL-223 for construction of this work.
Attachment A: Contractor Disclosure Statement
SLH:sb
File No: STL-223
(M:\home\engineer\agenda\seavale.sll1)
/t-3 j/b-lf
III
E'Y'I"hI'3IT . A-
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required 10 tile a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions,
on all matters which will require discrelionary action on the part of dIe Cily Council, Planning Commission, and all other official
budies. The following information musI be disclosed:
1.
List the names of all persons having a financial illleresl in the property which is the subject of the application or the COlllract
, e.g., owner'~7rr;tractor, material supplier.
,
2,
If any person. idelllified 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 ill the partnership.
3.
If any pt'rsoll* identitied pursuant to (1) above is non-protit organization or a trust. list the IUUlles of any person serving as
director of the non-prtltit organization or as trustee or beneficiary or trustor of the trust.
4.
Have you had more than $250 worth of business transacted with any F.ember of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes _ No A If yes, please indicate person(s):
5.
Plta.'it: identify eac.:h anti t:vcry ~rsoll. illduding any agents, cmployccs. t.:onsultallts, or iJuJept:lldent COJllral.:tors who you
have <lssigned 10 n:prcstllt you hctt)re the City in this maUer.
^Lt{
./
6.
Have you and/or your officers or agents, in the aggregate, cOlllribuled more than $1,000 to a Council member in the current
or preceding election periud? Yes _ No )(,If yes, state which Council members(s):
; ... (NOTE: Attached additional pages ~~;:;- / ~
Signature of COlllractorl Applicant
f<oB~f!.r 1..!PD X
Print Of ~~ name of Contractorl Applicant
F'O)( <:'0 1\J<''')Tteuc.. Tltoll.J
. I)('f,wm i,v tlt~/ifll'tI m': "Any ilulh:iclual, ji,,,,, fo.parl1ll'TJhi/" joi"t Vi'II/Uft', a,\',wciutio", .wc:ial dub, frate'r"al or!-:a"izatiofl,
cOf{HJration, (wtatl', trust, fl'ceivc'r. syrullt'ate, thi.\' um/all.v other couflly, city or coU1ltry. city municipality, di.\'tric:t, or other political
subdivision, or any other group or combination acting ar a unit.
Date:
15
J~-tf
RESOLUTION NO.
/to75
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "SIDEWALK REPLACEMENT AND
INSTALLATION OF SIDEWALK RAMPS ON VARIOUS
STREETS IN THE CITY OF CHULA VISTA
WHEREAS, at 2:00 p.m. on September 27, 1995, in
Conference Room 2 of the Public Services Building, the Director of
Public Works received sealed bids for "Sidewalk Replacement and
Installation of Sidewalk Ramps on Various Streets in the City of
Chula Vista, CA"; and
WHEREAS, bids were received from six contractors as
follows:
Contractor
Bid Amount
l.
2 .
3 .
4.
5.
6.
Fox Construction, Inc. - San Diego
Carolyn E. Schiedel- Contractor - La Mesa
Basile Construction, Inc. - San Diego
ortiz Corporation - Chula vista
Star Paving Corporation - San Diego
o & B Matthews Construction, Inc. - San Diego
$ 33,100.00
37,627.50
38,279.05
38,935.00
40,026.50
49,860.00
WHEREAS, the low bid by Fox Construction, Inc. is below
the Engineer's estimate of $ 49,335.00 by $ 16,235.00 or 32.9% and
staff recommends awarding the contract to Fox Construction,
Inc. ;and
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept the low bid and award
the contract for sidewalk replacement and installation of sidewalk
ramps on various streets in the City of Chula vista to Fox
construction, Inc. in the amount of $ 33,100.00 and reject all
other bids effective upon the execution of a binding agreement with
the lowest bidder.
Presented by
City
John P. Lippitt, Director
of Public Works
c: \Rs\sidewlk
J~.--5
II^
COUNCIL AGENDA STATEMENT
Item Number / 7
/
Meeting Date 10-17-95
ITEM TITLE:
Resolution /!r'/l ? t, Approving the First Amendment to the Existing
Agreement with Willdan Associates to authorize $5,750 in additional
consulting services relating to the preparation of the City of Chula Vista
Otay Ranch SPA One Project Public Facilities Financing Plan and
Authorizing the City Manager to Execute Said Amendment.
SUBMITTED BY: Special Planning, Projec~~ger, Otay Ranch Project
REVIEWED BY: City Managez1, ~~\ (4/5thsVote: Yes_NoX)
On January 30, 1995 the City of Chula Vista entered into a three party contract with Willdan
Associates and Otay Ranch, L.P., a California limited partnership (Baldwin Co.), to prepare a
Public Facilities Financing Plan (PFFP) for the City of Chula Vista Otay Ranch Sectional
Planning Area (SPA) One Project. That contract was in compliance with Section 2.56.220.C
of the City of Chula Vista Municipal Code. The original contract was for a not-to-exceed
amount of $22,500. The reason for this amendment is to analyze Alternative B-2 for the Otay
Ranch SPA One Project Plan.
Willdan Associates, Otay Ranch, L.P. and the Project Team have agreed that the amendment,
in the amount of $5,750 to the Original Three Party Agreement contract, is necessary to cover
an expanded scope-of-work that was not anticipated when the Three Party Agreement was
prepared. The scope of the work was expanded to analyze Alternative B-2.
RECOMMENDATION: Adopt a resolution amending the Existing Three Party Agreement and
Amendment No. I between the City of Chula Vista, Otay Ranch, L.P. and Willdan Associates to
authorize $5,750 in additional services to prepare the Otay Ranch SPA One Project Public Facilities
Financing Plan and authorizing the City Manager to execute said amendment.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The City desires to continue to employ the fIrm of Willdan Associates, an
engineering and planning fIrm with expertise and experience in preparing public facilities plans, for
compliance with the City Growth Management Program guidelines and procedures. The
Amendment contains a not-to-exceed amount of $5,750. All costs continue to be the responsibility
of Otay Ranch, L.P.
wda-113A.doclOlllf95
17~1
113:
Page 2, Item No.
J?
Meeting Date 10-17-95
On May 9, 1994, a revised deposit Agreement was signed by Otay Ranch, L.P. for a payment
schedule. Pursuant to this Agreement, Otay Ranch, L.P. is required to make all payments and all
expenditures are to be current prior to the 25th of the succeeding month. The Agreement stipulates
that late payments accrue interest at the rate of 4.384 percent per annum. In addition, the City of
Chula Vista has the option to stop processing all Otay Ranch, L. P. discretionary applications if the
deposits are not received prior to the 25th of each month. Willdan Associates has acknowledged
that their payment is based on Otay Ranch, L.P. ability to pay the City.
The current Contract with Willdan Associates, authorized by the City Manager on February 2,
1995, specified a maximum limit of $22,500 to perform the services on the City of Chula Vista
Otay Ranch SPA One Project Public Facilities Financing Plan. Willdan Associates have been paid
$20,250 to date under this contract. The recommended amendment requires similar services for a
grand total not-to-exceed figure of $28,250 without further authorization of Council.
Representatives of Otay Ranch, L.P. have agreed with this amount, and the Amendment is ready
for Council authorization. The current work program anticipates action by City Council on the Otay
Ranch SPA One Project in December of 1995. The City has paid Willdan Associates $225,000 in
the past 12 calendar months for engineering services on assessment districts and inspection on
construction projects.
FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista. Otay Ranch, L.P.
will be funding the amended scope-of-work ($5,750) through their Agreement and monthly deposit
to the Otay Ranch trust account.
Attachments: Three Party Agreement
Amendment No. 1
wda.113A.doc 10/11195
/7~..2
II~
RESOLUTION NO.
/i'tfl ? t
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE EXISTING AGREEMENT WITH WILLDAN ASSOCIATES
TO AUTHORIZE $5,750 IN ADDITIONAL CONSULTING
SERVICES RELATING TO THE PREPARATION OF THE
CITY OF CHULA VISTA OTAY RANCH SPA ONE PROJECT
PUBLIC FACILITIES FINANCING PLAN AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AMENDMENT
WHEREAS, on January 30, 1995, the city of Chula vista
entered into a three party contract with willdan Associates and
Otay Ranch, L.P., a California limited partnership (Baldwin co.),
to prepare a Public Facilities Financing Plan (PFFP) for the City
of Chula vista Otay Ranch sectional Planning Area (SPA) One
Project; and
WHEREAS, the original contract was for a not-to-exceed
amount of $22,500; and
WHEREAS, an amendment in the amount of $5,750 to the
Original Three Party Agreement is necessary to cover an expanded
scope-of-work that was not anticipated when the Three Party
Agreement was prepared.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the First Amendment to
the existing agreement with willdan Associates to authorize $5,750
in additional consulting services relating to the preparation of
the City of Chula vista Otay Ranch SPA One Project Public
Facilities Financing Plan.
BE IT FURTHER RESOLVED that the City Manager of the City
of Chula vista is hereby authorized and directed to execute said
First Amendment for and on behalf of the City of Chula 'sta.
r
Presented by
Gerald J. Jamriska
Special Planning Projects
Manager
c: \Res\Willdan
17-; /J7-f
liS-
.
Three Party Agreement Between
City of Chula Vista,
Willdan Associates, and
Otay Ranch LP
For Consulting Work to be Rendered
with regard to Public Facilities Financing Plan
for Otay Ranch SPA One
I. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person
designated on the Attached Exhibit A as "Consultant" ("Willdan Associates") whose business
form and address is indicated on the attached Exhibit A, and the person designated on the
Attached Exhibit A as "Applicant" ("Otay Ranch LP") whose business form and address is
indicated on the attached Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1 Warranty of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly known as Villages
1 & 5 of the Otay Ranch, and generally located south of Telegraph Canyon Road, east of Pas eo
Ranchero, west of SR-125 and north of East Orange Avenue as described on Exhibit A.
2.2 Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval
ofa Sectional Planning'Area (SPA) Plan for Village 1 & 5 ("Entitlements") described on Exhibit
A, Paragraph 3.
2.3 In order for the City to process the Application of Applicant, Work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
.2.4 City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5 This agreement proposes an arrangement by which Applicant shall retain, and be liable for
the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
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2.6 Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3. 1 Employment of Consultant bv Aoplicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of
the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services", ("Services-General"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"),
and all services reasonably necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all within the time
frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set
forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for the
primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good,
professional manner consistent with that level of care and skill ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations, at its own cost
and expense except for the compensation and/or reimbursement, if any, herein promised, and shall
furnish all of the labor, technical, administrative, professional and other personnel, all supplies and
materials, machinery, equipment, printing, vehicles, transportation, office space and facilities,
calculations, and all other means whatsoever, except as herein otherwise expressly specified to be
furnished by the City or Applicant, necessary or proper to perform and complete the work and
provide the Services required of the Consultant.
3.2 Comoensation of Consultant.
. Applicant shall compensate Consultant for all services rendered by Consultant without regard to
the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkrnark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Applicant's
billing, or in accordance with the Billing Process provisions in Exhibit C, if checked, and upon
receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance
with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant.
City is merely acting in the capacity as a conduit for payment, and shall not be liable for the
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compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, detennines that
additional services ("Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to
provide by this Agreement, the Consultant agrees to provide such additional services and shall
provide a written scope and cost of the additional work to be performed and paid for by Applicant
at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing
for said Additional Work between the parties.
3.2.1.1. In the event that the City shall detennine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay
for said Additional Services, the City may, at its option, suspend any further processing of
Applicant's application until the Applicant shall deposit the City's estimate of the costs of the
additional work which the City determines is or may be required, said suspension being an act for
which the Applicant shall hold the City harmless.
3.2.2. Reductions in Scone of Work. City may independently, or upon request from Consultant,
from time to time reduce the Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said reduction. Upon
failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and
materials budgeted by Consultant for the Services deleted.
3.3 Security for Payment of Compensation bv Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall,
upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated
on Exhibit C and as hereinbelow set forth:
3.3.1.1.
Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for
which it is entitled to compensation by law or under the terms of this agreement or other deposit
. accounts.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of,
and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account,
separately account for said deposit in one or more of its various bank accounts, and upon doing
so, shall proportionately distribute to the Deposit Trust, the average interest earned during the
period on its general fund.
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3.3.1. 1.3. Any unused balance of Deposit Amount, including any unused interest earned,
shall be returned to Applicant not later than 30 days after the termination of this Agreement and
any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any
manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized.
3.3. 1. 1. 5. At such time as City shall reasonably determine that inadequate funds remain on
Deposit to secure future compensation likely due Consultant or City, City may make demand of
Applicant to supplement said Deposit Amount in such amount as City shall reasonably specifY,
and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit
Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same
terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to
secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City
shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in connection
with the Services required to be rendered, are protected against the risk of loss by the following
insurance coverages, in the following categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet
with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City !Oay
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
. in the same manner as members of the general public ("Cross-liability Coverage"). Should such
insurance be subject to an annual limit, such aggregate shall be at least double the per occurrence
limit required herein.
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless
Errors and Omissions coverage is included in the General Liability policy.
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4.2. Proof ofInsurance Coverage.
4.2.1. Certificates ofInsurance. Consultant shall demonstrate proof of coverage herein required,
prior to the commencement of services required under this Agreement, by delivery of Certificates
of Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General
Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant
demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City and the
Applicant. The Consultant shall not publish or release news items, articles or present lectures on
the Project, either during the course of the study or within 12 months subsequent to its
completion, except on written concurrence of the City and Applicant.
4.4. Communication to Aoolicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City, or
by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and
City, such documents, or copies of such documents requested by Applicant, within the possession
of Applicant reasonably useful to the Consultant in performing the services herein required of
Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2 Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnifY,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
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5.3 Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City, or
by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as
said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts ofInterest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed
to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or
participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and
represents that Consultant will not acquire, obtain, or assume an economic interest during the
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term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and
represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6 Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate family
members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the
Project, or in any property within 10 radial miles from the exterior boundaries of the property
which is the subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment, remuneration,
consideration, gratuity or other reward or gain has been made to Consultant or Consultant
Associates by Applicant or by any other party as a result of Consultant's performance of this
Agreement. Consultant promises to advise City of any such promise that may be made during the
Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within
the Term of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period of time. Termination of this agreement because of a default of the Consultant shall.not
relieve the Consultant from liability of such default.
9. Citv's Right to Terminate Payment for Convenience. Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have the
absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
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9.2. In the event of termination of this agreement by the City in the absence of default of the
Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and
prior to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or compensation
arising under this agreement, except as set forth herein, in the event of such termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance of this agreement,
and all such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's
cost, of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or
direction over Applicant's work.
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a claim has first
been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth
herein.
11. Hold Harmless and Indemnification
11.1. Consultant to IndemnifY Citv and ADDlicant Regarding Iniuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees and Applicant from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the negligent acts, errors or
omissions or willful misconduct of the Consultant, or any agent or employees, subcontractors, or
others of City or Applicant in connection with the execution of the work covered by this
Agreement, except only for those claims arising from the sole negligence or sole willful conduct
of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any
. and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
employees or Applicant in defending against such claims, whether the same proceed to judgment
or not. Consultants' indemnification of City and Applicant shall not be limited by any prior or
subsequent declaration by the Consultant.
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11.2.Apolicant to IndemnifY City Regardinf?: Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and all
claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnities"), in any way resulting from
or arising out of the refusal to pay compensation as demanded by Consultant for the performance
of services required by this Agreement.
12. Miscellaneous
12. I. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with Chula
Vista Municipal Code, Title S. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title S.
12.2. Consultant not authorized to Represent Citv.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
12.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit A.
12.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the
same, similar or other circumstances.
12.4. Entire Agreement.
. This Agreement, together with any other written document referred to or contemplated herein,
embody the entire Agreement and understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or
discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
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12.6. Caoacitv of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has legal
authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
12.7. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of
California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City
of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City of Chula Vista.
12.8. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the same
shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
12.9. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be deemed to
be an original but all of which~ when taken together shall constitute but one instrument.
12.10. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be invalid,
illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree
to such amendments, modifications, or supplements to this Agreement or such other appropriate
action as shall, to the maximum extent practicable in light of such determination, implement and
give effect to the intentions of the parties as reflected herein.
12.11 Headings.
The captions and headings in this Agreement are for convenience only and shall not define or limit
. the provisions hereof.
12.12. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of
any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of
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the existence of a breach shall not operate or be construed to operate as a waiver of any such
breach.
12.13. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights or
remedies which the parties might otherwise have unless this Agreement provides to the contrary.
12.14. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Applicant.
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SIGNATURE PAGE
Now therefore, the parties hereto, having read and understood the terms and conditions of this
agreement, do hereby express their consent to the terms hereofby setting their hand hereto on the
I~:tr:~
( Bruce M. Booga
City Attorney
Dated:
Consultant:
WilIdan Associates
By: & .# /-1-
n:vLd IL J~wb. PlttLlf ..
Vice President
Dated:
By:
Jo
Cit
City of Chula Vista:
~4
ss
anager
Dated:
Applicant:
The Otay Ranch LP
a California Limited Partnership
By: Baldwin Builders, a California
Corporation, its gener artner
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By:
Kim Jo Kilkenny
Vice President
Dated: z../z.../?..s
I
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("Ao( rt:",
Page 12
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AMENDMENT NO.1
TO THE THREE PARTY AGREEMENT
BETWEEN
CITY OF CHULA VISTA, WILLDAN ASSOCIATES, INC.
AND OTAY RANCH, L.P. FOR CONSULTING WORK TO BE
RENDERED WITH REGARD TO THE OTAY RANCH PROJECT,
SPA ONE, PUBLIC FACILITIES FINANCING PLAN
This Agreement made this _ of October 1995 between the City of Chula Vista
("City"), Willdan Associates ("Consultant") and Otay Ranch, L.P. ("Applicant") is the first
amendment to that Agreement dated February 2, 1995 entitled, "Three Party Agreement
Between City of Chula Vista, Willdan Associates and the Otay Ranch, L.P. for Consulting
Work to be Rendered with Regard to Public Facilities Financing Plan for Otay Ranch SPA
One" between the same parties ("Original Agreement") and was made with reference to the
following facts:
I. RECITALS
1. The parties have entered into the Original Agreement above entitled and dated
for the purpose of having Consultant prepare a Public Facilities Financing
Plan;
2. Whereas, analysis of the additional Alternative B-2 for SPA One of the Otay
Ranch is necessary for; and
3. The parties desire the Consultant to analyze Alternative B-2 of SPA One of the
Otay Ranch as set forth in the modifications herein provided.
II. OBLIGATORY PROVISIONS
Now, therefore, the parties hereto do agree to amend the Original Agreement as
follows:
1. Attachment A entitled "Otay Ranch SPA One PFFP Work Program," attached
to the Original Agreement via its reference in Exhibit A, Section V, is hereby
amended to incorporate Tasks 1, 2, 3 and 4 as set forth in the letter of
September 18, 1995 from Willdan Associates to Mr. Gerald Jamriska, AICP,
attached to this Amendment No.1 as Exhibit A. No other terms and conditions
of said Exhibit A are incorporated herein by reference.
/7'/7
1~2
Amendment No. 1
Willdan Associates
Page 2
III. COMPENSATION
Notwithstanding, the compensation set forth on Exhibit "C" to the Original Agreement,
for the performance of the amendments herein contained to the Original Agreement, Applicant
shall pay a single fixed-fee in the amount of $5,750 when the work product herein required has
been performed, submitted to the City and has been deemed by the City to be satisfactory.
IV. OTHER TERMS AND CONDITIONS
All other terms and conditions of. the Original Agreement, not expressly or indirectly
amended by the terms of this amendment, shall remain in full force and affect and shall
otherwise govern the terms of this Agreement.
(End of Page. Next Page is Signature Page.)
wdamendl.doc
/7~/ Y
(~Cf
EXHIBIT lIA"
WILLDANASSOCIATES 0 ENGINEERS& PLANNERS
Professional Consulfing Services Since 1964
September 18, 1995
OCT - 5mi
Gerald J. Jamriska
Special Planning Projects Manager
Otay Ranch Project Office
QTY OF CHUIA VISTA
315 Fourth Avenue, Suite A
Chula Vista, CA 91910
7,' / C> .4. IYI.
Subject:
Request for Change Order to PFFP Contract
Dear Mr. Jamriska:
This letter represents our formal request for an increase in our lump sum fee for the work
we are performing to prepare the Public Facilities Financing Plan for Otay Ranch SPA One
authorized by the Three Party Agreement dated February 2, 1995 and by City Purchase
Order No. 206754. The request is based on the following changes to our scope of work:
1. On three occasions during work on the PFFP, the Otay Ranch SPA One phasing
and units associated with such phasing have been changed. This has resulted in
additional time and effort on our part to review the new phasing and proceed
with changes to the PFFP. We initiated our study based on the SPA One Plan
dated July 1994. We subsequently received a revised SPA Plan dated April 21,
1995. Finally, we have been asked to prepare the PFFP based on the "B2"
alternative SPA Plan.
2. Revised master plans for public facilities to serve SPA One have had to be
reviewed and language in the PFFP has needed to be revised accordingly to be
consistent with such plans. These plans will need to be further changed by the
phasing and units associated with B2 alternative.
3. The schedule for preparation of the PFFP has been extended to accommodate
the changes in the SPA One plan. This has created a start up and stop condition
that has resulted in additional time being spent by the consultant.
4. Extra meetings. Changes to the SPA One plan and phasing has resulted in
additional meetings, telephone calls and correspondence beyond that anticipated
with the original scope of work and fee.
J7'/j
6363 GREENWICH DRIVE. SUITE 250. SAN DIEGO CALIFORNIA 92122-3939' (619) 457-1199' FAX (619) 452-6680 \ 30
Mr. Gerald J. Jamriska
September 18, 1995
Page 2
Our initial fee proposal submitted by Willdan Associates to prepare the PFFP was
subsequently reduced to the current fee amount of $22,500 in response to your admonition
that the PFFP would only be an update to the "boiler plate" language already existing
together with the information that existed at that time in the SPA One Plan. We prepared
an initial draft based upon that document although we had to request phasing information
from Baldwin that was not included in the plan. We subsequently received a revised SPA
One Plan dated April 21, 1995 which was reviewed and used to make refinements to our
draft PFFP. We must now make additional modifications resulting from the "B2" alternative
of the SPA One Plan. We are also waiting for changes that the developer's engineers may
be making to the facility plans and studies for the "B2" Alternative SPA One and we will
need to incorporate these changes into the PFFP.
For these reasons we are requesting an additional $5,750.00 thereby bringing our total
compensation to $28,250.00. This amount is based on a review of our computerized
timecard information and our judgement about the time invested on this additional work
effort.
I would appreciate your prompt consideration of this request. Should questions arise, please
contact me at your earliest convenience.
Very truly yours,
I
Thomas Bandy
Project Manager
JN07931
c: Kim Kilkenny, Vice President, Otay Ranch 12
Richard Rosaler, Senior Planner, Otay Ranch Office
Angelique Lucero, Vice President, Willdan Associates
J 7'~CJ
131
Amendment No. I
WilIdan Associates
Page 3
SIGNATURE PAGE
Now, therefore, the parties hereto, having read and understood the terms and
conditions of this Agreement, do hereby express their consent to the terms hereof by setting
their hand hereto on the date set forth adjacent thereto.
CITY OF CHULA VISTA:
CONSULTANT:
Willdan Associates
BY:
BY:
John Goss, City Manager
Philip O. Carter, Vice President
Dated:
Dated:
Bruce Boogaard, City Attorney
APPLICANT:
The Otay Ranch, L.P.
a California Limited Partnership
By: Baldwin Builders, a
California Corporation,
its general partner.
APPROVED AS TO FORM:
BY:
Dated:
BY:
Kim J. Kilkenny, Vice-President
Dated:
Attachment: Exhibit" A>>
wdamendl.doc
/ 7~,2/
ISd-
COUNCIL AGENDA STATEMENT
Item / ~
Meeting Date 10/17/95
ITEM TITLE: Public Hearing regarding the proposal to define "Community
Purpose Facility" in the Eastern Area Development Impact Fee for Streets
and modify the fee rate schedule
SUBMITTED BY: Director of Public wor~1
REVIEWED BY: City ManagerJ~ ~~ (4/5 Vote: Yes_ No----X-)
This Public Hearing was opened and co~e~rom the meeting of September 19, 1995.
Currently, the "Eastern Area Development Impact Fee for Streets" (TransDIF) program does
not discuss the land Use category "Community Purpose Facility" (CPF). Other fee programs
in Chula Vista, such as the Public Facilities DIF (PFDIF) and the SR-125 DIF exclude CPF
from the fee programs. Staff proposes to correct this inconsistency by defining the CPF land
use, and excluding that class from the TransDIF.
RECOMMENDATION: That Council continue this item and direct staff to renotice at the
appropriate time.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
At this point, staff is still attempting to resolve issues related to the proposed action, and to
meet with portions of the community potentially affected by the proposed action. Staff does not
currently have a date when this item would likely be completed and therefore proposes that the
City Council table the issue. Staff will renotice the public hearing prior to returning the item
for action.
FISCAL IMPACT: N/A
CST:HxOOl
[M:\HOME\ENGINEER\AGENDA\Al13DIF3.cst
IY-!
/3>3
COUNCIL AGENDA STATEMENT
Item / ~
Meeting Date 10/17/95
ITEM TITLE:
Public Hearing: SPA Amendment, PCM-95-11 Amendment to the
EastLake Greens Sectional Planning Area (SPA) Public Facilities
Financing Plan - EastLake Development Company
SUBMITTED BY:
Resolution / ~tJ?7 Approving an amendment to the EastLake Greens
Sectional Planning Area Public Facilities Financing Plan and adopting the
Negative Declaration IS-94-19
/';1
Director of Planning i.:e::.. /
Director of Public wor'f~~
City Manager J3.. ~ ~
(4/5ths Vote: Yes_No--X)
REVIEWED BY:
The EastLake Development Company has requested an amendment to the EastLake Greens
Sectional Planning Area (SPA) Public Facilities Financing Plan (PFFP). The purpose of the
amendment is primarily to update the data and include the additional facilities required as a
result of the parcels annexed to the EastLake Greens SPA in 1994.
The Environmental Review Coordinator has conducted an Initial Study, IS-94-19 of possible
environmental impacts associated with the project. Based on the attached Initial Study and
comments thereon, The Environmental Review Coordinator has concluded that there would be
no significant environmental effects and, therefore, recommends adoption of the Negative
Declaration issued on IS-94-19.
RECOMMENDATION: That the City Council adopt the resolution amending the EastLake
Greens Sectional Planning Area (SPA) Public Facilities Financing Plan in accordance with the
findings contained therein.
BOARDS/COMMISSIONS RECOMMENDATION: On September 27,1995, the Planning
Commission voted 5-0 to recommend that the City Council approve the proposed SPA
amendment in accordance with Resolution PCM-95-11.
DISCUSSION: The EastLake Greens Sectional Planning Area (SPA) is located south of
Telegraph Canyon Road between Hunte Parkway and the future SR-125 (see locator). The SPA
consists of approximately 830 acres and is planned for 2,861 dwelling units in addition to
commercial and public quasi-public land uses. The northern part of the SPA, for the most part,
has been completed including the associated public facilities.
/?-/
13~
Page 2, Item /1
Meeting Date 10/17/95
In 1989, the City Council approved the EastLake Greens SPA plan which includes a Public
Facilities Financing Plan (PFFP). The PFFP is a technical document that provides a
comprehensive listing of public facilities to be provided, in part or in entirety, by the project.
Although the City's approach to the planning and provision of facilities have changed since the
original EastLake Greens was approved, the EastLake Greens PFFP has not been amended to
reflect these changes. In addition, the EastLake Greens SPA was modified in 1994 to include
additional land resulting from a land swap between EastLake and the Otay Ranch. Among other
things, this land swap resulted in realignment of the proposed location of Orange Avenue
between EastLake and the Otay Ranch. This update to the PFFP reflects reconfiguration of land
uses and associated facilities as approved in the 1994 SPA amendment.
The City has also adopted development impact fees for transportation and sewage facilities,
including an interim SR-125 fee. The City has established a Growth Management process, and
developed legal threshold requirements. In some cases, this has affected the proposed approach
to financing these facilities.
The updated PFFP contains many facilities that have already been constructed, primarily in
conjunction with the northerly portion of the Greens project. Exhibit A contains a list
summarizing the facilities remaining to be constructed. This Exhibit also contains a column
which identifies the category for the remaining facilities (category 1 is labeled "G" for "Greens"
and category 2 is "R" for regional requirement). Construction of regional facilities are generally
not required for the Greens, unless they are necessary to overcome certain threshold deficiencies.
Exceptions to this are facilities (generally streets) necessary for access, which also provide
regional benefit, such as Hunte Parkway and EastLake Parkway. Generally, category 2
requirements are met through payment of Development Impact Fees.
Portions of EastLake Parkway, Hunte Parkway and East Orange A venue are in a special
category in that they are not required to provide access to the project, but are (at this point)
required to be constructed by the project. In the case of Orange Avenue (from Hunte Parkway
to the easterly subdivision boundary) and in the case of Hunte Parkway (from South Greensview
Drive to East Orange Avenue), these projects were originally required of the Tentative Map in
1989. At that time, major projects were required to construct all major roads within or abutting
the project boundaries. This was the City methodology at the time for spreading the cost burden
of construction of the road system among the benefitting properties. Since this would place a
larger share of the burden on properties with major roads running through them, the inequity
was reduced by allowing the developers to seek reimbursement for excess costs from other
users.
When the City established the Development Impact Fee program for transportation facilities, this
provided a more equitable method for spreading the cost of constructing facilities. Currently,
developers are only required to construct roads if they are required for the project, either for
/?~~
1-;:'-
1:5:)
Page 3, Item !L
Meeting Date 10/17/95
access to the development, or if the development creates a need for additional capacity in the
overall road system. The subject portions of Hunte Parkway, East Orange A venue and Eastlake
Parkway are not required for either access to the project or for capacity reasons.
EastLake has chosen to keep the requirements on this project at this time because they anticipate
processing another SPA amendment for the EastLake Greens in the near future, and may require
those roads to meet threshold standards. If that turns out not to be necessary, they may request
a modification to the conditions of approval of the Tentative Map to remove the requirement to
construct those roads. EastLake Parkway, from the southerly SPA boundary to East Orange
Avenue is proposed for inclusion in the PFFP for the same reason.
The PFFP also provides updated figures on existing and proposed parks and recreational
facilities planned within the EastLake Greens SPA. It clarifies that the figures are for net
useable rather than gross acres and also that the maximum credit for private parks is 50%, but
may be less, subject to review and approval of the Director of Parks and Recreation. The PFFP
includes language which acknowledges that the developer is required to provide 7 additional park
acres arising from separate development agreements which are not reflected in the park
calculation figures on page 23. A portion of these additional 7 acres will be provided in The
Greens and other phases of development (EastLake III).
FISCAL IMPACT: The applicant has submitted fees to cover the full cost of processing this
item.
Attachments:
1. City Council Resolution
2. Locator
3. Planning Commission Resolution and Minutes
4. Exhibits
5. EastLake Greens Public Facilities Financing Plan
6. Initial Study and Negative Declaration
7. Disclosure Statement
(m:\home\planning\ELpffp.13a)
17-) /17-'1
/36
RESOLUTION NO. /8l>77
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
APPROVING AN AMENDMENT TO THE. EASTLAKE GREENS
SECTIONAL PLANNING AREA PUBLIC FACILITIES FINANCING
PLAN AND ADOPTING THE NEGATIVE DECLARATION IS-94-19
I RECITALS
A. Project Site
Whereas, the property which is the subject matter of this resolution is
diagrammatically represented on Attachment A-I attached hereto and
incorporated by this reference, identified as the Eastlake Greens Sectional
Planning Area (SPA) plan, and located on the south side of Telegraph Canyon
Road between Hunte Parkway and the future SR-125.
B. Project; Application for Discretionary Approval.
WHEREAS, on January 19, 1995, the Eastlake Development Company
(Developer) filed an application requesting consideration of an amendment to the
Eastlake Greens Sectional Planning Area (SPA) plan, Public Facilities Financing
plan.
C. Prior Discretionary Approval
WHEREAS, the development of the Project Site has been the subject matter of
a General Development plan and Sectional Planning Ares (SPA) Plan and a
Public Facilities Finance Plan (PFFP), previously approved by the City Council
D. Planning Commission Record on Application
WHEREAS, The Planning Commission held a public hearing on September 27,
1995, and voted 5-0-2 to adopt the Negative Declaration issued on IS-94-19 and
to recommend that the City Council approve PCM-95-11; and
E. City Council Record on Application
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 1000 feet of the exterior boundaries of the project
area at least ten days prior to the hearing; and
jCl~ 5
/.37
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m., October 17, 1995, in the Council Chambers, 276 Fourth Avenue,
before the City Council and said hearing was thereafter closed.
NOW, THEREFORE the City Council of the City of Chula Vista does hereby
find, determine, and ordain as follows:
II COMPLIANCE WITH CEQA
From the facts presented to the City Council, the Council finds that this project would
have no significant environmental impacts and adopts Negative Declaration issued on
IS-94-19.
III FINDINGS FOR SPA AMENDMENT
The City Council hereby finds that the proposed Public Facilities Financing Plan
amendment as represented in attachment _ is consistent with the Eastlake Greens
General Development Plan and the Chula Vista General Plan and that public necessity
convenience, general welfare support the amendment.
IV NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
determination and file the same with the County Clerk.
Presented by
Approved as to form by
~~~
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
M:\homc\planning\luis\spaamend.res
11-~
(38
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PUBUC HEARlNG CHECK UST
PUBUC HEARlNG DATE: /0 )/? h5
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SUBJECT: U7~S U ~~c~J~';' r~L/7~,,~~aAe
LOCATION:~~ ~/~g~/Z:~- f~d c7.a~7L51
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SENT TO STAR NEWS FOR PUZB CATION -- BY FAX ~t:~ BY HAND ~'J; BY MAIL
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PUBUCATION DATE (./ // '? s
"
MAILED NOTICES TO PROPERTY OWNERS /t!J 1f/5' 5 NO. MAILED :?5?J 'J
/
PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK /c:/J;/'J~
COPIES TO:
Administration (4)
Planning
Originating Depamnent
Engineering
Others
City Clerk's Office (2)
POST ON BUllETIN BOARDS
SPECIAL INSTRUCTIONS:
7/93
-55-
)~~7
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 to amend the Easlake Greens
Sectional Planning Area (SPA) plan Public Facilities Financing Plan. The Eastlake Greens Sectional Planning
Area located south ofOtay Lakes Road and east of the future SR-125 alignment. The location is depicted on the
map duplicated on the reverse of this notice. The SPA amendment application, filed by Easlake Development
Company, requests approval of a general update of the previously approved Easlake Greens Public Facilities
Financing Plan.
An Initial Study, IS-94-19, of possible significant enviromnental impacts has been conducted by the
Environmental Review Coordinator. A Negative Declaration finding no significant environmental impacts has
been recommended to the City Council and is on file along with the Initial Study and the proposed Public
Facilities Financing Plan amendment in the office of the Planning Department.
Any written comments or petitions to be submitted to the City Council must be received in the City Clerk's office
no later than noon on the date of the hearing. Please direct any questions or comments to Project Planner J. Luis
Hernandez in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue,
Chula Vista, California 91910, or by calling (619) 691-5090. Please include the Case Number noted at the bottom
of this notice in all correspondence.
If you wish to challenge the City's action on this application 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 described in this notice. A copy of the application
and accompanying documentation and/or plans are on file and available for inspection and review at the City
Planning Department.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON
Tuesday, October 17, 1995 at 6:00 p.m.
Council Chambers, Public Services Building
Chula Vista Civic Center, 276 Fourth Avenue
At which time any person desiring to be heard may appear.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, reqnest
individuals who require special accommodation to access, attend andlor participate in a
City meeting, activity or service request such accommodation at least forty-eight hours in
advance for meetings and five days for schednled services and activities. Please contact
the City Clerk's office for information or your request at (619) 691-5041. California Relay
Service is available for the hearing impaired.
Date:
Case No:
October 6, 1995
PCM-95-11
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~~3f!~
em OF
(HUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETIER
Te1ecopier No. (619) 585-5612
DAlE:
Jf/f7~
TO: Star News Lel!a1 / Teresa
FAX NO: (619) 426-6346
FROM: ~~~
SUBJECT: ~.~V
PUBUCATION DAlE:
~
/f/:/f~
TOTAL NO. PAGES (including cover):
If all pages are not received, please call Carla @ (619) 691-5041.
) l~J;J
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910 . (619) 691-5041
@ --...
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Amending the Public Facilities Financing Plan, EastLake Greens Sectional Planning
Area, located south of Otay Lakes Road and east of the future SR-125 alignment.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing. For further information call the Planning Department at 691-5101.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
October 17, 1995, 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: October 4, 1995
/9 -.3 i
.
.
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ATTACHMENT 2
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PROJECT
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Lower amy Re..rvoIr
ATTACHMENT 1
CHULA VISTA PLANNING DEPARTMENT
LOCATOR PlOJECT EAST LAKE ~I~
~ APPUCANr: DEVELOPMENT CO. Miscellaneous:
PlOlfCT la.tlab GI'MM R8quut: To _ncIl1l1 ballake ca..".IPA~I""nMlg
ADWSS:
Mil) enclllll PFFP (PlIblc Fecll... FlnllnoIng ....n).
ICAI!: fU NUMBER:
NORTH No Ical. peM . 95 . "
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ATTACHMENT 3
PLANNING COMMISSION
RECOMMENDING RESOLUTION
AND MINUTES
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RESOLUTION NO. PCM-95-11
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN AMENDMENT TO THE EASTLAKE GREENS
SECTIONAL PLANNING AREA (SPA) PLAN, PUBUC FACILITIES
FINANCING PLAN
WHEREAS, a duly verified application for a Sectional Planning Area (SPA) plan amendment was
filed with the Planning Department of the City of ChuIa Vista on January 16, 1995 by The East1ake
Development Company; and,
WHEREAS, said application requested approval of an amendment to the Public Facilities
Financing Plan of the Eastlake Greens planned community located on the south side of Olay Lakes Road
between Hunte Parkway and the future alignment of SR-125; and
WHEREAS, the Planning Director set the time and place for a hearing on said SPA amendment
application, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the
exterior boundaries of the property at least ten days prior to the hearing; and
WHEREAS, the Environmental Review Coordinator has considered Initial Study IS-94-19 and
has concluded that there are no significant impacts anticipated from the proposed amendment; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.
September 27, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed,
NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council amend the Eastlake Greens Sectional Planning Area (SPA) Public
Facilities Financing Plan in accordance with the attached City Council Resolution.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council. :,.'./
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA. CALIFORNIA.
this 27th day of September. 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Chair Tuchscher, Commissioners Davis, Ray, Thomas, and Willen
None
Commissioners Salas and Tarantino (excused)
William C. Tuchscher D. Chairman
Nancy Ripley. Secretary
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Excernt from Draft Planninl! Commission Minutes of 9/27/95
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ITEM I.
PUBUC HEARING: PCM-95-11; SPA AMENDMENT TO mE EASTLAKE
GREENS SECTIONAL PLANNING AREA (SPA) PLAN PUBUC FACIUTIES
FINANCING PLAN
Senior Civil Engineer Thomas presented the staff report, using overhead projection to show the
location of the project, and discussed the facilities to be included and the areas in which they
would be installed.
Commissioner Willett asked if there were any issues outstanding between the City and the
proponent that were not listed in the fmaneial statement.
Mr. Thomas stated that he was not aware of anything. Assistant PIAnn;", Director Lee
concurred and stated that EastLake had been required to do a fmanciaJ analysis for the fIrSt five
years of the project to make up any shortfall. The fmaneial analysis had been done. Park issues
were yet to be resolved, subject to future discussion with the applicant in the next phase of
planning.
This being the time and the place as advertised, the public hearing was opened. No one wishing
to speak, the public hearing was closed.
MSC (Ray/Thomas) 5-0-2 (Commissioners Salas and Tarantino excused) to approve -.,
Resolution PCM-95-11 recommending that the City Council approve an amendment to the
EastLake Greens Planning Area SPA Plan Public Facilities Financing Plan.
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ATTACHMENT 4
EXHIBITS
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ATTACHMENT 5
EASTLAKE GREENS
. PUBLIC FACILITIES FINANCING PLAN
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EASTLAKE GREENS
PUBLIC FACILITIES FINANCING PLAN
Strikeout/Redline Draft
Text Rem6ved/lli~!II1,~
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Prepared by:
JAY KNIEP LAND PLANNING
(916)-541-1817
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CITY OF CHULA VISTA
PUBLIC FACILmES FINANCING PLAN
-EASTLAKE GREENS-
TABLE OF CONTENTS
CHAPTER
Pal!e
I. Introduction
A. Background and Regulatory Context . . . . . . . . . . . . . . .. 1
B. Purpose................................. 2
C. Key Assumptions ........................... 3
D. Consistency............................... 7
E. Regulation of Development . . . . . . . . . . . . . . . . . . . . . 8
II. Public Facilities and Infrastructure Requirements
for Future Development
A. IAYeHtary af Needed Facilities .................. 10
B. Summary of Projects af EastLllke Greens ........... 30
C. EastLake GreensBl1lIlrii! Phasing . . . . . . . . . . .. 44
D. Summary of Costs to Buildout .................. 47
m. Public Facilities Phasing and Requirements for Development
A. EastLake Greens Project Phasing ................ 48
B. Phasing Program for Regional
Tl'8ftSflafttffiaA Facilities ..................... 49
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IV. Public Facilities and Infrastructure Financing
A. Overview............................... 53
B. Review of Financing Programs Available
and in Place in Plan Area . . . . . . . . . . . . . . . . . . . .. 57
V. Implementation Plan . . . . . . . . . . . . . . . . . . . . . . . . . .. 61
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TABLE OF CONTENTS
(continued)
f.PPENDIX
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Bast ChaiR '/istR TfRRSjlsftlHisft Phasiag PIM
B.
Threshald!Stflftdllftis PaHey Dated NiY..ember 17, 1987
FIGURES
Pal;!e
1. Vicinity Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2. Project Components. . . . . . . . . . . . . . . . . . . . . . . . . . 5
~f:~~I;~fJI1!~~.II_.1i_lli~~li_i&1~lil~111f}lt!11_~I~J;1~tl
TABLES
1. Improvement Phasing Status ................... 48
2. Regisftw TfRRSjlsFtlllisft FlIeilities liIi.jllll.mn~~. 50
EXHIBITS
A. Circulation Plan . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
B. Domestic Water Plan . . . . . . . . . . . . . . . . . . . . . . .. 14
C. Reclaimed Water Plan ....................... 16
D. Wastewater Plan. . . . . . . . . . . . . . . . . . . . . . . . . .. 18
E. Stormwater Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . 21
F. Parks Plan .............................. 25
1~_i_l_a.lI~l~f.___.t__
MAPS
1. N6ili Greens Oft Sile Improvements Phase 1 ......... 32
:;x;~:;,:::::{;:~::::;::
2. III Greens Oft Sile Improvements Paaae 1 (cont) ..... 33
3. .1 Greens Oft Site Improvements-Phase ~ ~ . . . . . . .. 35
4. S'j)lth Greens Oft Site Improvements-Phase 3 I . . . . . . .. 38
5. .1 Greens Off Site Improvements-Phase 3 "'. . . . . . . .. 40
~jl\[1!!t"j:.~~_.~._1.4ql&\.%~Ktfl~
~:":::~'''''Eastiake 'G;=~Phasing""'~":~'~ ...:...:>.<~.,~...~'~:. ..~. ~,..:%~.. . <~~~~~. .~.. .:.~~~:. .' 46
7. Regisftw TfRRSflsftftli6ft FlIeilities ................ 52
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CHAPTER I
INTRODUCTION
A. BACKGROUND and REGULATORY CONTEXT
This Public Facilities Financing Plan ("PFFP") is a required element of the Planned Community
District Regulations adopted for the EastLake Planned Community. More specifically, the
District Regulations require that a Public Facilities Financing Plan be approved by the City of
Chula Vista prior to or concurrent with the adoption of a Sectional Planning Area (" SPA") Plan
for an area within the EastLake Planned Community.
Previsieas ef the eraft Basteffi TeHiteries THlII~eflatiea Phasiag Plan ("TIP") flltVe beeR
ifleafj:lefftte6 iDw this Publie Faeilities PiallHeiflg PlM se lhttt the pliBlie ftteiliaes Me
iRfflIstrueture felllIireffieHts fer future ee',e1epmeat eentlliaetl ia Chllpter II herein, are talEell iaw
eeasicleretiaa.
Figures 1 and 2 are a Vicinity Map and a Project Component Map, respectively, illustrating the
location of the project in the City of Chula Vista and as part of the Eastern Territories of the
City of Chula Vista (that area generally easterly of Interstate 805),
. On February 19, 1985, a Public Facilities Financing Plan for the initial development phase of
the EastLake Planned Community, known as EastLake I, was adopted by the City Council of
the City of Chula Vista as an element of the related SPA document. SPA #1 is EastLake I
<i1.I:~I~ Hills and JI&J:ff~ Shores) and SPA #2 is EastLake Greens. This document is
iiiieiidedto address pubHc'riidlity needs associated with the EastLake Greens SPA Plan.
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. B. PURPOSE
The Ptllllie Faeilities Fillilfleillg PIa.1l is iflteR6ed 16 idelltify the vElfietls ptlblie fa.eilities reqtliretl
te stlpper( the pla.lllle6 develepmeRt ef EastLake Greells (SPA ff2) Me t8 eRStlre tha.t theGe ptlBlie
fa.eilities a.re pf6'iieed a.t the time they a.re Ileeded. IR sa 6eiFlg, the PtlBlie Fa.eilities FiRa.FleiFlg
PlllR desigRa.tes R6t 6Rly 6R site ptlBlie fueility ReedS Btlt a.lse efleeaV6fS te a.eeress regialla.1 ar
llfell 'lI'iee impravemeRt3 BY its a.eeptiall af the faeilities lme pha.siRg preyisi6F13 8.FIe TeqtliremeRts
Elf the East Chtlla. Vista. TfllllGpElrta.tiElFl PhllSiFlg PlaR, Reeded 16 serve etlmtlllltive plilfllled gr8wth
witkill a.eja.eeRt llfellS.
...mw9.......
Regarding required public facilities, the Public Facility Financing Plan identifies a preliminary
cost estimate for each improvement as well as funding sources appropriate for the type of public
facility involved.
. The Public Facilities Financing Plan is intended to be a dynamic and flexible document. The
goal of the Financing Plan is to assure adequate levels of service are achieved for all public
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facilities impacted by the project. It is understood that assumed growth projections and related
public facility needs are subject to a number of external factors such as the state of the economy,
the City's future land use approval decisions, etc. It is also understood that the funding sources
specified herein may change due to financing programs available in the future or requirements
of either state or federal law . It is intended that revisions to cost estimates and funding pro-
grams be handled as administrative revisions, whereas revisions to the facilities-driven growth
phases are to be accomplished through a Public Facilities Financing Plan update process, as set
forth II. iH tile aevelapffieHt agreeffieHt.
C. KEY ASSUMYfIONS
There are a number of key assumptions implicit to this Public Facilities Financing Plan. The
assumptions playa major part in determining public facility needs, the timing of those needs and
the staging of growth corresponding to the various facilities. Key land use and phasing
assumptions can be summarized as follows:
1.
SPA #1 ana SPA ff2 are iHitial aevelepffieat plla:;es ef the 32001. aere EftstLe.ke PlftHHe8
Ceffiffil:lAity kl be ae\<elepe8 within tile Ci~y af Chl:lla Visffi. Sl:Ibjeet ta Genefe.l PlftH
Upae.te efferts (-eAgaing at the time af this y,'ritiHg) ana fl:ltllre grewth mllflagemeAt
eatitleffieat aeeisiaAs by tile ve.flells jllrisEiietieflal ageaeies iH.talve8, tile EftstLalte PlftflHe8
CeffimllHity is antieipe.ted te be impleffieateEi iH phases geaerally cansisteRt with
infarmatian pre.tide8 herein as !.ppeAdix /I.. This iAferffie.tian represents farmal illflllt
given 16 tile varialls jllrisdietieflal agencies by Ee.stLa.ke De\<e1epffient Caffip9.llY 16
flleiliffite facility master pl9.llRiHg cffam iH terffis af e.ree. wide 9.IIa/ ar laRg terffi pllblie
flleility Hee8S.
.
2. Lana IIse alleee.tieH lIfla iH~sity is Fegtlle.teEI by bath PlftHHe8 CaffiffillRity Distriet
Regl:lle.tiaHs ftHa 8P,\ Plan aecllffieats. The Ceaefe.l De',-e16flmeat Plan lIfla rele.teE1 SPA
Pl9.II, e.EiepteEi by the City af Chllla Visffi aH _, _ and _, FeSfleetively, reglliftte
t+10 ee'/elefJRl0Rt sf tile 8P /",.. PlaR &rea.
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. D. CONSISTENCY
The provisions of the Public Facilities Financing Plan are, to the extent practical, consistent with
and reinforce certain other public documents. More specifically, consistency with the following
documents has been addressed in the context of this Public Facilities Financing Plan:
I. The PHMie r-<aeility FiRlUleiRg PllUl adOl'ted for the iaitiall'ltll:le of tile EIlstLake PlIUlRe6
CEJlflFRHsity, i.e. the BastLaJre I PusHa Faeiliti.es Piaaneiag Pl&R.
2. The l3astLalre CreeBs ]3wtirSftffleatal Ifflf)aet Rq38ft, as eeftineEll:ly tIle City af CIUlla 'Visffi
aft The variel:l3 ffiitigatieR meaSHFeS I'efta:iBiBg te fJualie faeiliae3 are
iRtegrate6llereiR.
3. Tile City of Cllalll Vism JRrenIR DtJ'le:!OpffieRt JIRpaet Fee pfOgfllIR fOf streets. Tile
Devel6f'IReRt Jffil"ftet Pee (DIF) pfOgftlIR is a fliRdiag progl'flffi for Ilfterial Iligllways IUld
iRe:!Hees tile SPf. HI Me SPA #'2 IlfeIlS, as we:!llls otller eeve:!opffieRt IlfeIlS, witlliR tile
eefiRe6 "BeRent" 1lfeIl.
1. Tile Rllftello ee:! Rey SPA J PHBlie Plleilities PIM Ilfte Piflltllciag Aflalysis lIS adopted by
tile City af CIlHla Vista iH OetaBer, 1987. JArema! eORsisreHey regar-tliHg IlfeIl wide pHblie
faeility tfeatmeats ftA8 eeligatieRs is aSdreS3e6.
.
5. The lJe.st Cllala Vism TfIlIlSfJOflltliaR Pltllsiag PlIUl (TPP), a eOeHIReRt reqHiriRg the
pllllsiag of poolie iRfnwtruetHre witll growth iR the Basrefll Territories, is ia66rpOftlted
herciR as AppeHeill A. This Pablie Flleilities FiflltlleiRg plan iHetJrpaffites the phllsiag Me
fooility feElHireIReHts Me lilRitlltioRS of tile TPP Me iHelaees iHrerpreli'te previsiaHs to
ellpllliH the IRIlftHer iH wlliell tlte projects SfJeeifie Me IlfeIl speeifie feElHireIReHts Me
liffiitlltioRS HpOH the phllsiag of de\<e:!opIReAt ar-e lleeolRfllisbe6.
6. ResoltltioH No. 13316 of tile City CoaHeil of the City of Chlllll '/ism lleoptiHg
threshold.' stftHdllf6s HHlila growth IRltIlllgeffieHt etJmpeHeflt of tile CeHel'fIl Plllll is adopted,
ApplieatiaH af the ,..IlriOliS "thresllalds" eHffeHt1y eamBlisbe6 is IlelERowledge6 BY the
feEjHireIReHts hereiR thllt SfJeeifietl Pllblie faeililies IRHst be "IISS11red" prier to the
eSffiffiefl.eeffieRt af th.e Bent iaereffleRt sf de7elapffieRt. The adapted tlu=esheltis are
e6HtIliHe6 hereiR iH AppeReix D.
7. The "IRteflffi Faeiliaes Fiaaneiag }1greetfleRt" eet"lleeH the City af Chela Vista Me the
EIlatLaJre De...eloplRoot COlRflltlly lIjlf'ro\'eE1 Deeeffiber 17, 1985 by ReselHlioH Na. 12307
aBd ExhiBit tI fA II te the Iateflm AgreeffieRt ftl3PftY/e6 BY ReselliMea ~Je. eft ~I&reh 11,
1986. These dOetiffieHts pravide6 far iHtenIR Devel6flIReHt JlRflllet Fees far BIlstLake's
sllllre of eH ItIld eff sire poolie flleililies iRehldiRg streets, 8R 125 iHteBIR facility, fire
StlltiOH, libra:ry, IUld parka.
.
8.
The 8Hfl131eff1eRHl:l Der/elef)ffieflt IffifJaet Fee }3fflgf9:ffiS. The City is pfef)ariftg a selteEllile
ef fees far VMOllS poolie fIleiHlies etller tIlllft streets. \VfteH adopted by tile City, the fees
will be reqllired fraIR tle'.'e:!6fJIReHt ';;ithiR lJe.stLake CreeRs.
(~~941~)
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ffi;:IIi1IIII'1~11~1?~~~!P~~t~~q~t1l!ITi~~~!lgl~;mr~~n91~~.~~~~{;~~
~:;~~~gt~~~~PM!~M!~ji.~llP!PI~~m~g~~i(~m)R;9~[im~;
E. REGULATION of DEVELOPMENT
As referenced above, this Public Facilities Financing Plan is intended to serve as the basis for
reviewing public facility requirements associated with localized development phasing and,
thereby, provide a means to insure that public facilities are installed in a timely manner. With
this in mind, a series of development "phases", or seql:lential Ill:liilliAg permit IluesltolEls, have
been keyed to specific public facility improvement projects such that public facility improvement
sequence and related funding assurances can be paced with growth within EastLake Greens and
tlte eastern Territories g~fP.If'pl!l~.
For each public facility identified, a certain status of implementation is specified for threshold
monitoring purposes. Generally speaking, public facilities located on-site and off-site must be
"committed" in the manner specified herein in a particular phase or increment of development
prior to building permits being issued ffi ~I~ subsequent phases.
When "Commitment" of required improvements necessitates condemnation of land off-site of
EastLake Greens, the obligation to start construction may be waived if improvement plans are
finalized for approval, a condemnation proceeding has been initiated and estimated funds for
right-of-way acquisition and construction have been deposited with the City in the form of cash,
bonds, a letter of credit or other acceptable form of financial guarantee.
Obligations to governmental entities other than the City (e.g., school district) will be considered
"committed" when the obligation has been satisfied as evidenced in writing from the entity.
In some instances, substitution of improvements may be appropriate. Where substitution is
_i'~~i~1it:l~fb;i~~~hr::h~~S ~~ ~:~~~~~; ~~:::~:!Il1~~~t~!!
sii!:>stltiitIoii:sii!:>stitutions will be initiated only upon written request to the Director of Public
Works.
(~t?~!'I1~)
- :LL- 8
/e;~~
153
.
.
.
Before exceeding cumulative levels of development af eaeil tmn3partffiiall [(i!jrlmy threshold
~mi.flj, illehlElillg tile phase IhresRalEls far iller-emellls aile IRrallgh e1evell af ikeTmRspartatiall
PhasiHg PlftIl illellldillg the pRIlSe tIlreshalEls sllewA ill Table 2, the required improvements of the
threshold must be committed to the satisfaction of the Director of Public Works. The Director
of Public Works shall have the ability to select from any of the following options prior to
building permits being issued for a subsequent phase.
1. Improvements must be completed or open to public use, whichever first occurs or,
2. Improvement must be subject to an awarded construction contract by a governmental
agency or,
3. Improvement must be committed by an agreement with the City which shall include,
but not be limited to, all of the following requirements to the satisfaction of the
Director of Public Works:
a. All discretionary permits must be obtained for construction of the
improvement;
b. Plans for the construction of the improvement must have all necessary
governmental approvals;
c.
Adequate funds (i.e., letter of credit, cash deposit, or performance bond) must
be available such that the City can construct the improvement if either
construction has not commenced within 30 days of issuance of a notice to
proceed by the Director of Public Works, or construction is not progressing
towards completion in a manner considered reasonable to the Director of
Public Works.
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. ..
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.- JIJ -
9
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164
.
CHAPTER II
PUBLIC FACILITIES AND INFRASTRUCTURE
REOUIREMENTS FOR FUTURE DEVELOPMENT
This chapter describes the public facilities required to support the development of the EastLake
Greens (SPA #2) as well as identifying the public facilities required to support the cumulative
development of EastLake and other properties in the Eastern Territories, pursuant to the
TFIIflspertaaen Phasiag Plan Im!lIElll\~l!~lj!..
A. NEEDED FACILITIES
TraosDortation
.
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iiil,el'ij<iuii' .. . . " 'j ""ei' .l>mim;' ~i ','u\i al,~,l ,ill,..
.:.;.:;:.;.:;;.>:.)IL.;::.,:.,.;.:,;.>:$:::.';'~:' rs;::~'< _~~Iw":-: ..-:-..~;::,.. 'f..<Y;;' ~.JMilt.;:.... ~,~,..: ':-: ......."...,,;::,.;. ,w...:<o~..;v <<,,'H
i:i!!iL:;:::;'",l"",',^, ,u ,,\Jj_I'I!_~m:tJ;e:Pt~!~ti'. Transportation system
projects required to support ultimate development of SPA #2, as well as adjacent areas, are
identified in the Traffic Analysis for EastLake Expansio~?d<l~S~JltelIl~~r .26.,..1?8~.!..lis
ed ~ h C' f Ch I V' b W'lld A . ..........,,, .. . ."..................M........"',.....".....,,.,,.......,,"'l.
re ar lor t e It 0 U a ISta I an ssoclates\lmufSii,;~..lIm'tWStmhlllHlmw.l:!Ilbin
&m!.t~a~t#jmll. T?e Traffic AnalYSiSY was performed in th~~~t~;Zr!E~~i;~~~~~wi;;;Pi~t
Reportprepiiiiition and, as a result, identifies measures necessary to mitigate transportation
system impacts associated with EastLake Greens ~~Ji!I!~}and EastLake Trails.
The transportation projects necessary to accommodate phased build-out of SPA #2, are of two
basic types:
1. Those facilities that provide for circulation within SPA #2 and which primarily
benefit the EastLake development. Circulation system components of this type yet
to be constructed include collector roads and local residential streets. These
improvements will be constructed to the ultimate City standards in accordance with
Subdivision Map Act exactions keyed, via tentative tract map conditions, to the
recordation of specific subdivision maps. (See Circulation Plan Exhibit A).
2. Those facilities that are necessary for SPA #2 development but which provide area-
wide circulation benefits to other eastern area developments as well, as identified in
the TFIIflspertaaEln PlIlI5ing PlftR lIfBt.lIIBitW-'\'1___.
Circulation system components of this type which are yet to be constructed consist
of major and prime arterials as ffiSle speeifielllly deserieeEI in the CiretllaaEln
EleffieHt Class ia fqlJleHdix f. setting fertll the design sta!ldards aad ~aes Elf
sHeh fllt)ilities ~fi~iilll!li~il!I.~I,lI~;.I~il.y~l
.
Regarding streets and highways of area-wide benefit, the City Council has recognized the
necessity for a Development Impact Fee (DIF) to provide a funding source for road projects of
iii~ilti~;iIi[qfi.i~r;~t.l;i~~1~~lii~~j;;:::,,:,'~<~;,::::::~~i.~~:lrm
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SPA's will be responsible for r..n9il DIPs (ellffelllly $2,191 per MlIgle falRily E1etflehe6
E1Vie/lillg lIlIit) te be lIse6 teWII:f6 the east sf etlllstrneang a telftl sf salRe $71. 8 lRilliall ill
regisllal trliftspertatiall flleilities m_~.
The obligation toward DIP program participation can be met in two ways, either by payment of
the fees !P1It.I~~ to the City of Chula Vista at the time building permits are plllleEI ~i,g or
through dieconsiruction of qualified DIP related projects. The former allows constriictJon of
required facilities by the City of Chula Vista when sufficient monies have been collected or on
a pay-as-you go basis, while the latter allows the developer to construct the facility when needed
in exchange for a credit toward DIP obligations. Should a developer's cost to construct a DIP
project exceed the developer's fee obligation, reimbursement will be made as future fees are
collected by the City. The exact basis for reimbursement may be set by the a future separate
agreement, to be entered into between the City and developer specifying how the developer will
be reimbursed by those projects benefitting from the construction of DIF projects but who do
not contribute to their completion. Such an agreement will, among other things, specify the
maximum amount of DIP credit to be granted, consistent with the method of determining DIP
fees and reimbursements due under such calculation, if any.
.
The DIP pregffiIR has beell aElspte6 by tile eit)' all lift illte81R basis. The pFegflllR is ellffetltly
beillg lIfltlllteEl ta lu:lchess ehllllges ill the eirelllatiell oystelR ItS .....ellas ehllllges ill the tilRillg anil
ilegree sf fttture E1eveleplRellt. It is illtelltle6 that the pf6j'lase6 lIflilftteEI pf6gflllR will be ail6flte6
by the eit)' ill the lIe11f fllftlre. Special attelltiall is beillg givell te these streets (prajeel's 59, 51
llIIiI 52) that are ill the Calillt)' af San Diega far '.vhieh lIa DIP fees are beillg eelleete6 frelR
t1e...e/epers withifl the CSlIllty.
--=.
SPA #2, will be required to participate in two levels of traffic signal improvements. The traffic
signals planned within the boundaries of SPA #2, are considered the sole benefit of SPA #2.
The new traffic generated by the development will also have an impact on the need for citywide
signals and signal upgrades. All development within the SPA #2 areas would also be liable for
payment of the current Traffic Signal Pee in effect at the time of building permit issuance.
Water
Both SPA #1 and SPA #2 are located within the boundaries of the Otay Water District (own),
which is responsible for providing local water service. own receives its water for the San
Diego Water Authority via the second San Diego Aqueduct.
. Although described here for information, the manner in which EastLake will ensure the
adequacy of potable water from own shall be the subject of separate agreements between
m~t!~$)
.- 30- 12
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(S7
. ;~~_;l:l.l~~I~.IIA\lIllllllll:ultaURlijilllg!~t.IM~i
This provision of the Public Facilities Financing Plan sets forth the anticipated means by which
water service will be ensured for the EastLake I and Greens projects.
The area is currently served by 1I1mt1~~9;jl~. 5 million gallon reservoir! and pump station,
(EastLake Pump Station) cellstnlete6 ill llCoorellflee witl! tile EastLllke I PIIlllie PllCilities
Pilllllleillg PIIlIl. The backbone waterlines constructed within the service area were oversized to
meet future water requirements and have the capacity to serve the SPA #2 development.
Based on an analysis of existing and proposed conditions, the following supplemental water
system improvements have been recommended rj~~:ri..fll.i!I.iI!~B:
1.
~~:;eG~~t~m~~~&:b;~l!lOf the Central Area Pump Station{w~~i!.i~ from
2.
Add 2 million gallons of storage capacity at the ID 22-1 Reservoir site located within
SPA #2 boundaries.[~
3.
Add a 4,000 GPM pump to the existing 980-zone pump station.
.
4. Install various transmission and distribution mains in accordance with IlIl lIjJpre'/e6
I~.m~~. Master Plan.
OWD Improvement District 22 (ID 22) has installed a number of improvements to provide water
for SPA #1 and #2 development. These include ap;lIIlm~tl~ 3 million gallon reservoir to
serve the 71i{G' pressure zone and II tmil1m'o 5 1l1illiongalloll reservoir$ to serve the 980'
....... ..,.........w...................., ......
pressure zone. OWD is also &6ellt te complet~ an 8 million gallon reservoir to serve the areas
to the west (Bonita Long Canyon and Rancho del Rey). OWD has FeElIICsteEI tilftt EllIlli
ti East Lake IlRlleK to ID 22.
In addition to the existing ID 22 improvements, improvements required in conjunction with the
recently formed Improvement District 27 (ID 27) will also need to be funded. ID 27 will
illitillily includ~ the dey:!?p~~nts of Rancho del Rey, EastLake and Rancho del Sur [<<filiI!.
An ID 27 Master Plan .\.1 is Ileillg prepared by OWD to determine required facilities, cost,
and financing mechanisms. The most significant facility that will need to be provided is a
terminal storage reservoir which will provide ~ fi'le days storage to meet pe&k demandi
FeElllired reserves fer m: the participating develop;n'enis within the ID 27 boundaries. A eelltflldi
~iii;_.~~';;mtittilla :>1l!~~llr~~:~~!!!:~,,~.!-
.
OViD will FeElllife EIlstLllke te eIIter illte IlIl agreelfteflt wlliell lIelilleates the ID 27 flleilities te
Be eellstrlleteEl, eftE)1l lIe'leleper's cest feSj'lellsillilities, IlRII filllllleillg Iftethells te Be IItilired pAer
to fee800afleft af a first Hftal ffi8fJ Y/ithift the SF A ft2 ftfetl. Thi3 8:gfeemeftt fRay alse plaee limit3
ell the Ilamber ef Bllilllillg permits mat eIlR Be isslled pAer te eeflllill faeilities witl!ill the ID 27
~-$)
.~3( _ 13
/q..I,5
fb'i5
. LEGEND
EXIST.
SOUTH GREENS PHASE 1 -. -.-
SOUTH GREENS PHASE 2 _ _ _ _
SOUTH GREENS PHASE 3 .........
--3J- -
DOMESTIC WATER PLAN
1'1'!d:.
EXHIBIT B
RICK~COvfPANY ~
. aistrict Ileiflg ifl place aHa operfltioHal.
.
.
Reclaimed Water
Reclaimed water is available for irrigation purposes from the Otay Water District's ~!2~1!
!8~~pgl~tl^~Y2~lpll;,lI8:11Im~BEI Jamaeila Wastewater Reclamatisfl Plant. These
facilities are currently capable of producing flPJ'lr-eximately Sfle I~~~ million gallons of reclaimed
water per day at a seeslleary leyel. III oreer 16 lIleet Title 22 reqllirelllcAts, tile treatllleAt plMt
will fleed 10 Ile HpgmeOO. Afl cWll:!Hllliofl sf the treatllleflt plMt has Ileefl perf6rllloo alia, sHejeet
16 O'ND Beare approval, the plant lIlay Ile Hpgraeoo to 1.3~{SDt?meetIDg tile Title22
r~~ir~~ents. At present, O.ta~.\Vater District is providing apl1~lm~~!!y slIlall alllO\;ll1t %%9
~Bt~f~t of reclaimed water tJ\ry~ to SDC&E's MigHel SHllstatioH for irrigation purposes.
The proposed reclaimed water distribution system within the SPA #2 area is shown on Exhibit
~~pl~flllrlll,'~I~lr(IIIII~lil~IIII~r!g~~~9~!!~~~~~~!~!f~~!!!~
pjarinedtoprovldereclliliried,;,ater (orlaridscaPe irrigation to the EastLake Greens golf course,
high schooli llflEI communitypark!!i!_~I~~. These facilities will utilize the existing
production capacit~?:~~~~~B~ Jamaeha Wasle....'1l1er Reelllffilltiell PIMt's 1.3 million
gallons per day P!l!Pt.~~%lY less the affiaHHt ll:!locate6 far SDC&E Hse. Additional capacity
has been designed into the system to allow expanded reclaimed water irrigation usage should the
Otay Water District facilities be expanded to provide additional quantities of reclaimed water.
A 20-inch reclaimed water supply line was constructed in phases within SPA #1 (i.e., Lane
Avenue) and extends from the terminus located at Telegraph Canyon Road to the Otay Water
District Use Area. This pipeline was constructed to provide water for grading operations and
landscape irrigation demands for the SPA #2 area and other portions of the region.
----
<<:1~?~~tI1$j
33~
15
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(i,{)
~,
LEGEND
EXIST.
SOUTH GREENS PHASE 1 -. -.-
SOUTH GREENS PHASE 2 _ _ _ _ '
SOUTH GREENS PHASE 3.........
-3 -
RECLAIMED WATER PLAN
/4,1J
EXHIBIT C'
RICK~Q:MPANY ((,,1
. Sewer/Waste Water
The City of Chula Vista provides sewage collection through City-owned facilities. The sewage
is discharged into the City of San Diego Metropolitan Sewage System (METRO) for treatment
at the Point Lorna regional plant and disposal through the METRO Ocean Outfall.
EastLake SPA #1 and #2 is divided into five separate basins. These basins are (1) Telegraph
Canyon; (2) Proctor Valley; (3) Long Canyon; (4) Salt Creek and (S) Poggi Canyon.
The majority of EastLake SPA#I/#2 will sewer to the Telegraph Canyon basin through the
existing City of Chula Vista IS-inch trunk sewer in Telegraph Canyon Road. Additional sub-
regional sewage system facilities will be necessary to adequately serve SPA #1 and SPA #2 at
buildout. In the context of SPA #1 development to date, off-tract trunk sewer connections have
been completed to collection facilities within East "H" Street and Corral Canyon Roadl~g
mRnj'!lI!IRR\I!!l~ii:I.. ...........................
.
These existing facilities are to be utilized to serve the needs of SPA areas within other basins
pending phased implementation of additional sub-regional sewer facilities. Existing trunk sewer
capacity needs to be closely monitored. Monitoring of the existing IS-inch sewer trunk line in
Telegraph Canyon Road will !! bell provided by EastLake through l~t~l.i exeetltieA af
Ii sewage monitoring agreement with the City. Prior to the time that existing Capacity limitations
are reached, the following public facilities must be implemented:
1. IASllllIllH aff site sty.ver liAe to be laeate6 geaeflllly a10Ag Proetor Valley Rea6 te
serve a partiell af lhe SP~'. tll area as well as ether de',eleilfll::ftt te the ftorthviest.
i!-:--Install one or more of the following as necessary to serve a portion of the SPA #2
area as well as other future development:
a. Install a new trunk sewer parallel to portions of the existing Telegraph Canyon
trunk sewer, to provide additional capacity for .~ pumping from the
Salt Creek and Poggi Canyon basins.ow'wwwN
b. Extend a new trunk sewer southerly along Salt Creek to the Otay River Valley
and then westerly to the City of Chula Vista's existing collection system. This
would gravity sewer to the Salt Creek basin portion of the property but still
require pumping of the Poggi Canyon Basin flow.
e. COflstrtlet a "h'ater reelafllaaoa flltmt ftt lift agreetll:lfleft leeaH6n. This fllaftt
eatllEl hftllale all gfftVfty flew as '"ell as ifltefifll fltlmlling from flews te the
Paggi Clift yen basin. The fl1llftt wOtllEl be flllaseEI te hllllale ellJlllftsieft te
aeeommoaate aajaeeAt I:Iflstream aevelElflmeAt5 whieh are also tribtltary to lhe
6asitr.-
.
The speeifie laealion of the reelamaaoA plllHt lIIla/or off site lnIftk se',vers will be the restllt af
further st-llElies.
(qgf~qfjl~)
-3S--
17
19~t:.r
(&, d-
LEGEND
EXIST. .
SOUTH GREENS PHASE 1 -. -.-
SOUTH GREENS PHASE 2 - - --
SOUTH GREENS PHASE 3 .........
PUMP HOUSE E>
WASTE~WATER.___3b~ EXHIBIT D
. COLLECTION PLAN ';b R1CK~C'rMP4 5
. 1ft t.fie ease ef se',ver faeilities serviftg sllb regieftal fteeds, the eest ef t.fie iffij3rBYeffiellts ....'ellle
Be shar-e6 '.vith flltllre eevelejlmellts tRat .....ellle lItilize tile Slime basill.
.
The planned wastewater collection system for SPA #2 is shown on Exhibit D. Interim pumping
to the Telegraph Canyon Basin is proposed for the portions of the project which ultimately drain
to the Salt Creek and Poggi Canyon basins. These pump stations will be abandoned or relocated
when one or more of the above referenced permanent alternatives is implemented.
Priar te tile reeareatioll ef tile fiftal mlljl, an Rgfeeffiellt Betweell tile City Me EIlstLake
Deve1ajlffiellt Ceffijlany sllall Be elteelltee ta farffially iffijllemeftt aile or ffiore ef tile alteftltialls
eeseriBea ift tRis seetioll.
Drainal!e
.
SPA #2 will be served by a series of on-site drainage facilities that will serve to collect and
convey the stormwater runoff. Facilities will be designed to handle peak discharges in
accordance with City standards. These facilities consist of a series of surface conveyances,
desaUting basins, transmission pipelines, and detention basins (temporary and permanent).
Storm water runoff will be detained in on-site detention basins and discharged to off-site areas
in the Telegraph Canyon, Salt !9r~k and Poggi Canyon basins. %!I~Bll,\~~it?~q~.YIQ~
(~~3~1!l5)
19
- ::31 - /9-- 7/
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.
.
.
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J; The planned storm water drainage system is shown on
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DRAINAGE PLAN J9J73
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EXHIBIT E.
RICKEN:;~ CCMPANY ('6
.
.
.
As an alternative to the construction and maintenance of large basins, improvement of the
Telegraph Canyon Channel may . beii undertaken through the creation of a drainage district
funded by fees collected from all undeveloped properties within the boundaries of the district.
Wileft IIII adopted, such fees will be I~ required from Itlli1EastLIlke CFeeIIS within the
district boundaries.
School Facilities
SPA #1 and SPA #2 are both located within the Sweetwater Union High School District and
Chula Vista eity 1,._ School District. In December 1986, EastLake Development
Company entered into Agreements with the Sweetwater Union High School District and Chula
Vista. eity 1,.,. School District authorizing the formation of Community Facilities
Districts for the purpose of financing high school, middle school and elementary school capacity
to serve the EastLake Community, including SPA #1 and SPA #2. A Community Facilities
District under the Mello-Roos legislation is currently in place for financing all school facilities
to meet the needs of SPA #1 and SPA #2.
In compliance with the December 1986 Agreement between Sweetwater Union High School
District and EastLake Development Company, EastLake Development Company has provided
to the Sweetwater Union High School District a site for a senior high school of forty-nine gross
acres. SPA #2 shall not be subject to the payment of school impact fees for secondary school
facilities. (Reference is made to the Agreement between Sweetwater Union High School District
and EastLake Development Company dated December 11, 1986 and "Special Tax Consultant
Report" dated June 1986 for specifics.)
In accordance with the December 1986 Agreement between Chula Vista eity 1,._ School
District and EastLake Development Company, EastLake Development Company has agreed to
sell to the Chula Vista eity 1:-. School District four school sites of approximately ten
(10) net usable acres each within the entire EastLake development. The purchase price for such
property shall be the lesser of twenty percent (20%) of the appraised value of the site or $23,000
per acre, adjusted annually.
In September 1988, in partial satisfaction of this Agreement, the Chula Vista eity __
School District acquired an elementary school site within the SPA #1 area. A second elementary
school site has been I'f6Il6set111liBl within SPA #2. In addition to the authorization of a
special tax and issuance of bonds, the Chula Vista eity 'Sliffiiilfi6}i School District has
authorized a maximum impact fee of $600 per residential d~em~g\j;ut, subject to annual
escalation adjustment ~~MI!Z~))' payable at time of building permit. (Reference is made
to the Agreement betweenN'Ch~Ia'Vista etty .mKB School District and EastLake
Development Company dated December 9, 1986 and "Special Consultant Report" dated June
1986 for specifics.)
.....13i:iliil"
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. Parkland Dedication
.
.
Planned park and recreation uses within SPA #2 include the dedication of a 15.1 acre public
community park which includes approximately 1.1 acres of slopes. The other recreational
elements, which include three neighborhood parks totaling 10.~~ acres, are envisioned to be
privately owned and maintained. Also, an ll-acre public neighborhood park is proposed
adjacent to the elementary school and will be maintained by the City of Chula Vista (aRly 50%
eFeElit will be giYeR faf aereege lIReer SDG&E easeffieRt). In addition to the public community
parks and private neighborhood parks, a Community Trail System (1 llere:J:) will provide a
connection between all major focal points within SPA #2 and extend north into SPA #1 and east
;m;i...ll!llllIli1l1f.'llr,.Yllll
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The Parkland Dedication Ordinance m:r.~ requires approximately ~ IqJ~ acres of improved
~~~~ef~r!~I:: ... ',",!P.P;:~~:;~=3 !If!.'!!~;~I::' ",~!,~!~
private improved Parklan<(however, -1M ~gi~ acres is Inte'ii<i;;d to consist o(ihree private
nei hborhood ks. These rivate arks maN'eftly receive ulll:~dlillnm! 50% kland
~~~~~~:;
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Parkland Imnrovement
The City's Parlcltlft6 IIHflFeYeHlellt Pfegl'llm sets f6ft!! a SlaflElar6 far 6etermilliftg tile fifttlfteial
ebligfttiaft ef EalitLake fer JllIflEltlft6 ilftI'fevemellts. The tetlll fillftfteial ebligfttieft based tIIleft
tile City's Park f.ElEtlIisitieft M6 De.,e1epmeftt Pees 1lIl6 based IIpeft the milt ef hellsiftg types
Jli'6Pese6 iR the SPI. H 6eellmellt is $5,322,595. The jllIfk 6eyelepmeftt pertieR is $4,092,150.
EastLake is proposing to provide the City with fully improved parks as follows: Community
park (-M-:-l iJ.i1l~. acres less slape e.ereage), neighborhood park (H-" '~'" acres), 3 private
neighborhoOap~1(; (-lG.5 ~Q~m acres at a maximum of 50% credit) ".:,,,~~ for a total
of ~ ;1,\1 acres of miliImproved parkland that may qualify for' credrCunder the City
Ordinance.
It shall be required that EastLake provide improvements at or beyond the above specified level
as turn key park facilities or pay park fees in lieu thereof. The determination of park
improvements, obligations and/or credit by the developer shall be based upon approval of
acceptable design and improvement plans for parks by the Director of Parks and Recreation prior
to recordation of the final map.
.
The Community Park Ii! .;,iU be started M6 completed during the initial phase of SPA #2
.'Ijig~Wt{g!~t.~l It II will be the responsibility of the developer to prepare a master
piafithlids acceptabie to the CItY Council, to grade the site according to that plan, and to install
improvements. These improvements wettId includei! street improvements, turf and an automatic
irrigation system, landscaping, play areas and other amenities required by the PDO. The
community park has b6ell Ii located adjacent to the high school site to provide the opportunity
for joint maintenance by the City and the Sweetwater Union High School District due to
combined use of park and school facilities. .Jibl~~
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All of the open space and public parks will be provided through select open space easements
and/or iillMlm dedication to the Cit of Chula Vista. mlfgWi*lWt(llmtl&.1mit..1~~.~_
m:"-$:::M. "'W"':i"">> Y :!:It:''!~~~~1#0;,::::;::-;W~~~2.. ..;,';'...':'
~ easements WJI~lm are intended to guarantee the City of Chula Vista that private parks will
remain as I.til~.timml apell spaees. Maintenance of the public community park and
public neighborhood parks will be provided by the City. Maintenance of the golf course and
clubhouse facilities will be the responsibility of the operator and will be independent of the
Homeowner's Association. Maintenance of private parks and open space areas will be provided
by property owners through Homeowner Associations, open space maintenance districts or
similar mechanisms.
.
(R$m~j'g~)
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. Street Lil!htim' and Landscaoe Maintenance
Funding for the maintenance of landscaped street medians, landscaped parkways and
supplemental street lighting within public right-of-ways or dedicated maintenance easements will
Be m borne by the benefitted property owners through the farmaflea af a Maintenance District
esti6Hshed under the provisions of the Lighting and Landscape Act of 1972 (Division 15, Part
2, Streets and Highway Code).
Currently, all of SPA #1 and a portion of SPA #2 are within the boundaries of EastLake
Maintenance District No.1, approved and adopted by the City of Chula Vista December 17,
1985W'l.1\lilmVliWMi'ill;"'lWl(~~iliiiit~~jiPJi. The balance of SPA #2 will be served
eithe:*t:~g~==';i~~':tlaMMif:;ti;=ff~~'Maintenance District No. 1 al thlellgh the
'~,:..~{~'~~.......~
faffil~a af a sepllfllte MfliateftftnooDlslflet.
A Homeowners Association will III beii formed in EastLake Greens lelf{Bm!to maintain
i~_i.located on liB cOmmon areas lI'it1BtilBt.__mii..rllil:wj
Mass Transit
.
The EastLake Planned Community Transportation Plan (1982), based on analysis of proposed
land uses, expected travel demands and other characteristics of the area, concluded that public
transit demands could best be served through extension of the existing public bus system.
Extension of this system should occur as EastLake population growth generates sufficient
demands to justify additions to the Chula Vista transit system line haul.
Librarv
la f.\1gllst af 1987, the City aptlf6'ied a Ptlblie Libfll:!)' Master Plan iaelltifyiflg the Heed far slIIl
regio8alliemry faeiliaes t6 serve the needs ef fi:tftife re3idents. Aeeeffiiftg ta the Alaster Plan,
SPf. HI is laeated ift the SV/eetvlfttel sHbarea lIRa SPA If}. is iftelHded ift the slIIlarea IllIleled
Ea:stem Teffiteries "Sellth". The City's ffiilliffillffi staIltlftftl fal libfllry eallsmtetiall is 500 llltlIftre
feet af libmry spaee per l,eoo p6fllllaaall. Based \1pall P6fllilaaallpffljeeftallS ia these plar.aiflg
slIIlareas, a lillmry flleility ia the Ee.slLake area may reqllire lip ta 35,ooe SlI.lIftfe feet. Cast
reSfl8Rsieility, at this peiRt, has Ret BeeR determinoo.
.
The City is iaveSftgaftflg the impleffielltatiea af a De'/el6flmellt Impaet Fee far regieflal ser...ieillg
Plllllie Illlilaiags SlieR as libfflfies. SPA HI llIla If}. will be stlbjeet te SlieR a fllwre DIP sftallla
it be applied by the Chy.
m~~m$
I'i'... 79
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.
~
As an obligation of SPA #1, a one-acre library site shall be dedicated to the City of Chula Vista
if the City determines that a branch library site is appropriate within the EastLake Planned
Community area. If needed, the library site would be incorporated within the EastLake Village
Center area with the actual site to be determined by the City in the context of subsequent site
plan approval processes associated with the project area. Alternative locations within future
EastLake SPA's will also be considered.
As a further obligation, the Developer will M'!IB!I.::1 provide the City of Chula Vista with
up to 4,000 square feet within the EastLake Village Center for interim storefront library
~
5 yeti,s. Ill. adElitiall., fllftElill.g fur 1 yetlf fer 2 libfllrilll13, 1 derks 1lI18 6 part time IliEle3 1i3 '.vell
liS fer the plifehlise ef 7,000 ta 8,000 baaks (appreximlitely $10.00 etieh) has beeR reqllireEl.
.
Fire Protection
Fire protection services for SPA #1 and #2 will be provided by the City of Chula Vista. The
development of SPA #1 and #2 will require the construction of a 3,500 square foot permanent
fire station to serve the local area.
The previous Public Facilities Financing Plan for SPA #1 established provisions for the payment
of fees for the construction of a fire station to serve EastLake SPA #1 and a portion of SPA #2.
The City is ellffelltly e",l1llllitill.g plaeillg a DeYeltlflmeRt Impaet Pee far Pire Paeilities a'/er the
etltire 1I1l.E!evel6fleElllfeli eliSt af 1 805 ta fiftlll1ee the e6ll.stroetiaR 1lI1E1 etjlllpping ef 1111 reqllireEI
faeilities. SPA #1 1lI1E! #2 ";,'elllE! eeftmbllte their share if the IffifJliet Pee is aElepteEl.
The schedule for constructing and equipping the fire station to service the EastLake SPA #1
areas shall be in accordance with the City's Fire Station Master Plan.
~
.--
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. Police Protection
.
.
The City of Chula Vista will increase police service levels as the service area continues to grow.
Expansion in the eastern territories has created, however, a need to improve communication
facilities. Two specific identified needs include a communications tower or antenna and an
improved computer-aided dispatching liil e9.flability. Costs for these are estimated at
$24,000 and $530,000, respectively. The police facilitates will be of overall City benefit and
will require City-wide financing.
(qgf~!!~~)
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. B. SUMMARY OF PROJECTS
.
.
F......Lake liil.l Greens Oft Site PhllSe 1
Proiect #
53~ Construct EastLake Parkway as a
4-lane Major between Telegffiph
CllIlyell ~jf$'jj,$\ Road and
~~~
SDG&E transmission easement
54~ Construct R-eatl "E" Il~.
as a 4-lane Major between EastLake
i.iidI<<ti ".\" III
55~ ~?~struct Raatl "A" 1.:%11III
.w as a 2-lane Collector between
~~~te":~!!.I.~ and
56jij Construct Neighborhood Park #1
<0>;
[ll~!!."l1tlfij
57jij Construct EastLake Community Park
Itl Phase 1 ~ll~
, !'t.~?::.jf:
58i
~:.~
Construct Reatl "D" SBriil as a
,.,.,.".,.,.,.,.,.".,..,)lL,.,..,."
4-lane Major between EastLake
Parkway and I<<ti "."" !!II!
.......<<......'.'...w..w....
m......... ....
.. ..
$;., ;.;:~~ .:~:..%:;;;:;:::::::::Hx:::;:::;:;
59*
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Construct Reatl "E" lflI~~~ilM,l;W\mi
Rf~Brfl..::::...::~:-~....
as a 2-lane Collector between Read
~ 1.1iB.1M and Hunte
Parkway
60!
~:~:
Realign!construct Telegffiph CllIIyell
lImi'{l#,l<'j'jji!)l R d t full \..- ",
g!,!!<!j~Et oa 0 a tfittt""sec-
tion Major between Lane Avenue
and Hunte Parkway
I~mtl~..!.mll
mt.~I~
,:04! ~
19~?~
Amount Method of Financinl!:
$ 3,020,000 Subdivision Exaction!
Future Assessment
District
350,000 Subdivision Exaction!
Future Assessment
District
2,600,000 Subdivision Exaction
590,000 Development Impact
Fee for Parks
2,440,000 Development Impact
~ilil~!;tg* Fee for Parks
540,000
Subdivision Exaction!
Future Assessment
District
1,566,000
Subdivision Exaction!
Future Assessment
District
3,175,000
.1l~I!1l!
Subdivision Exaction!
iiP.mal~l!f
Future Assessment
District
fl75
.
Project No.
61j1j Construct Neighborhood Park IRi
<.,: _;m~Dj~m_ .......,........,,'w....
62l!! Construct EastLake High School,
;:::':
Phase 1
63ml Construct OWD terminal storage
reservoir (lee&liell. te Be detel'ffiifted)
63a Increase pumping capacity of
EastLake Pump Station from ~,ooo
to !f,ooo GPM.
63b~ Add 2 MG capacity at ill 22-1
reservoir site
.
64;11' Construct water reclamation plant,
. pump station and transmission main
connection to OWD reclaimed water
system (leeatiell. te Be eetel'ffiined) ,
or
65illl
Extend new trunk sewer southerly
along Salt Creek to Otay River
Valley then westerly to existing
Chula Vista System
66m
Construct Hunte Parkway to a full
Itelf seeaeR 1111 Major between
Telegfflpli CimyeR IIft'- Road
and Read "E" 1!i1l1li:I_i
Creeas Phase 1 OB Site Subtatltl
F....aake CreeDS Off Site Phase 1
~II. GREENS PIl....SE 1 TOTAL
Amount Method of Financinl!
1,130,000 Development Impact
Fee for Parks
12,209,000 Community Facilities
District # 1
21,600,000 GeIleflll OBligatioll.
Beftds illir"*""amt';'''l
liR{if>..'I9X;,WlL
N/ A V General Obligation
Bonds
N/ A V Subdivision Exaction/
Assessment District
3,000,000 Subdivision Exaction/
Future Assessment
District
7,650,720
Subdivision Exaction/
FlIwr-e ASSeSSffieftt
Distfiet ~IY!i~flll
1,000,000
Slibdivisiall. Blloot:iaR
.mltllll
$6Q,8'ro,729
$
o
$69,879,720
$J..,.w.58...9...;4.72.....
:.:..::.:3.::...:::...::.:;.&::...::.:-:::::...
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1/13/811 ~
EASTLAKE NORTH GREENS
PHASE ION-SITE IMPROVEMENTS
MAP 1
WIL.LDANI SIMPSON
;0--; ./
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.
.
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EASTLAKE NORTH GREENS MAP 2
PHASE ION-SITE IMPROVEMENTS 'WILLDAN/SIMPSON
/"
17g
.
.
.
EastLake ~gl Greens OR Site ~;~~l~
PllftSe 2
Proiect No.
67 Ceft3tntet Reatl "A" lIS II 2 llllle
Celleeter 1:letV/eeH Reacl "E" aRB
Neighberheed Pllfk It4
68 Ceft3tntet Neighbeffieed Park 1t3
PJi~;;.llil.I;~~
~1..:;_Il$m.m~~
.illitlii-llgUllti.IIIJ:llll
~~ij!I~I_;IIII!.ji~l!~
CreeDS Phase 2 OR Site Subtotsl
Ea5tLake CreeDS Orf Site
Phase 2
~uaift GREENS - PHASE ~ 11 TOTAL
;.;.;:~:::.::::~:::.:::~~~:(.:::::~::: ~:;:::
I![~'t~!~@~rrtiqmoo
m&?~!UJ!~~
Amount Method of Financing:
$3,030,000 SlIbtiiyisieft EKlletieft
623,700 Devel6Ilffieftt IffiJ*lElt
Pee fer Pa:rlfS
~~iU~ 11111_
~1~lg 1I1!la
e;~~il~. Ir~_IP;',ii~~i.
$ 3,ltS3,700
s
{J
$ 3,tiS3,700
~iB:.
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EastLake 11111 Greens OR Site f\i..il
Phll!le 3
Project #
!lPll~_'lfllgnlll.I.IIQ!1
69 CeRstruet Telegl'llf'h CltRyeR Reati t6
a faR 4 lItRe Majer stftals b~::een
LaRe :\-teRtle ME! HtlRre Ptlrkwll)'
70 CeRstruet HtlAte PlII"kwll)' It'! a ftlR
half seeaeR Majer bet'....een Reati "E"
Me! Omnge 1:.. "/eRtle
.1!;IIII'-II~ll\i
....,.'...,..,....,.,...,.,...:.....:.,...:.....:...:...".",..,.,...,.,...:.,.".,.:....
71
i;li~V::~ ';:I:!~f!~~e-
t~~~'H~;{te Parkway and Neighber
~ip.Mlllf_'
72 CeRstruet Eaa~Lake PIII"JwIll)' liS a 1
1M!) Mlljer betweea ~e SDG&E
eIls!)meRt 1tRE! ~e SPA It~ lletlRE!1lfY
73 CeRstruet NeighllerheeE! PlII"k #1
mtfR!Ml1!)
~+r
/~6
Amount Method of Financim!
i~i.~B .lll~
$ 1,400,000 DevelepffieRt IlItflll6t
Pee fer Streets! !..sse33
ment Distriet
2,265,000 StlbElivisien EXll6tiefl
ii\l~i. iYIII,'!
~ml. 1IIIIil
3,030,000 Subdivision Exaction!
i,~ii. IjB..jlfR;'
860,000 SubE!b,jsieR Bltll6tiefl
627,000 D6\'e!epmeRt Imj'lll6t
Pee fur Parks
/9..Jf
ISI
.
.
.
,
F...~T.ake ~. Greens OB Site !!l1.!ltIii_~
Proiect #
Br.r-1'.Ilill
71 Callst:nlet Elemelllflr/ SehoollR.
~il\lWI_1t.BII.1I1.i
~iI1tll.I~lr,lI.
il
CreeB3 Ph_ 3 OB Site Subtellll
11._..II1..III'IIm.
!;!lI.tl1~;;m\tU.;~:;lt{l!m
gnm.gf1~)
Amount
$$~
.:.:v:.:.:JM~
Method of Financin2
Iflrp.
4,975,ooe Cammlllli~ Paeilities
DiGtriet It 1
I!tllB! _III
1i!llIili [.II?E~;lml!
Dlgili ~~;..~
Bill IRIM9.Rlmmil
$13,157,999
11111It.
37
I~~
,
fn LIJ\1l ~~ ~
.s~ ~zi~ c.
ctS
G).~ 'I: IJJ u15 ~
r-o ....;a IJJ i~
C>D:
~o:: <(
"eN Ul<.!)
.. G)
::JU) ;:is
oC'a
en-&. ~.,
.)C
,~
I'--
.
.
.c
~
co
<:1' _
~ 0"
'6
('t)
I'--
_ ---=.:::-=-~-:.o-----
g~~.~
'"
r--'I~~
_ ~;:ClO
~~ ~~~
a:a:CC
'-1,""
.l-J :::-
c,'s
fl",','
\J-
/g3
...~'\;
If
~:;-0 ~
/~-'1b
.
.
.
,
~i_i_i~l.~'~~
.l.j~
.~MltJIItl&"~!1.1.1
~
-.-
~..............................................
S(lUiiaj'$1m.s;~Sll1'~;.l1.
.:.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.z.:.:.:.:.:.:,.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.,.".:.:.:.:.:.;.'.:.;.:.:.;.:.:.,.:.;.:.:.;.,.:.;.;.:.:.,.".:.:.:.,.:.....................
t~/;~glfl~)
.{'I ~
~ 39
;1-1/
~f gg~~lJ1llliij~~j
a.ill
~~,.jg
..
~Il. ::m....'.....'.'.;.'......'.:......ks...'.....'.'.'......;.m.~......tn...............tllI1....~...;.................:.'...r..........~...n.....................~..'.$....l).'..,.ttill...;...........~.....'....!...;.f.,.i
::::::~:::::::~::~:~;:::~:::::::r ..... ....... >. .... ... '
$2,416,000
~i!l~jmm
1st!
J
0U) W\Jl ~~ L{)
~Zj~ 0-
Eu <<S
(1).9!. 'l:LU~ ~
.....0 .....W ~~
e>D: ~~<
.s::::M Ul<.!)
...... CD
~U) ;:is
oCG
en'&. ~'I
.
.
!.eM,>\Jed
se~.HS
"'
~~
r- -, n~
~ ~ ~~~
'CIg.i
cl =
to,"
\J""
(8[;
"~.-
.....'\
/I
--~--
I~.. '9;)....
.
.
.
J
~,.!~I(EastLake Greens~ Off-Sit~ Phase 3
" \* \,", ',,, ~ifi'm;i\< mDd.iri'g;imdr1timi11ilfm1'fli~j.n~nrt
<jj"I!!I~\' ,_""rn,;e;,."''''I''''ill,,g%1!!.;'<~' "~J.,,'~<"'<"""" ,. ,'!h
, " ""'I<'~ ,," "ilij\' ;willi' "jIit." f'^'~'" , '
.,,, '~"""" Xfii ,~u ll$'''.ID ,an\..
:,; {::~~~~_.~$.;.~:Qi''''''''''^''';:''''''>'''X':X''''h'' .,,;.; ..."".;."....,.... ,-..;.:...
;- , M(~~~" ",,>.. J
Proiect #
77 CeastFllelleJ[teIla MeElieal Cealer
Drive lIS II 4 lime Celleeter freffi
Telegfll]:J1i CMyea Rilad tEl Offtnge
A'fe;
78 CsftstflleVextend I3ast Offtflge /~~{e
aile liS II 2 IMe H'twelway [rilffi I 8GS
1a MeEiieal CeRIer Drn'e
79 Widell asFtlillellad ea fflffifls ef
I 8GS/Telegfllflli CllRyeR Read iater
ellllRge
8Gm$ Install traffic signal improvements on
.......... Telegraph Canyon Rd. lit,__
!'~!o~~~i8. bet;ee~r80S
lHt~ Re-time traffic signal improvements
. . along Telegraph Canyon Road
83~~ Construct/extend EastLake Parkway
...... as a 4-lane Major between the SPA
#2 boundary and lil~ Orange A ve-
nue
7S~Q Install eastbound dual left turn lanes
.. at I-80S/Telegraph Canyon Road
...
t~~l~~)
0':.-
./ 41
19"~3
Amount Method of Financin2
4,861,000 SlIlltlivisisa El[aetisa Ily
etftefs
1,6SS,000 Deye1Bj3ffieat Iffi]:Jaet
Fee fer Streets
IS0,000 DevelepffieRt Iffi]:Jaet
Fee fer Streets
110,000 Devels]:Jffieflt Iffi]:Jaet
B.;.I.ri!!~
Signal Fund
2S,000 !8!~Yi~gITraffic Signal
Fund
N/ A V SlIlldivisieR E~aetiaR
lIIImtmmljlDllt
::::::::.:::<::~:,:,.::::;.:::::.::~.~::;tSi>!:::':"~:::::'!:::':::":
!!~_tjB_~
$ 100,000 DevelBj3ffieftt Iffi]:Jllet
iiii.;;S mm
1M
.
.
.
"i~.!l)ll~J!~_tl
'l6!!l~! Construct reclaimed water distribu-
tion main from Iftmeella Basia ReI:Ise
llllil Area to existing main in
Lane Avenue
82 Construct parallel trunk sewer in
Telegraph Canyon Road from Hunte
Parkway to a yet to be defined point
downstream
Greens - PhllSe 3 Off-Sit~ Subtotal
GREENS - PHASE 3 TOTAL
~H!lmlq~m!r;_1li1WB'~imwmx
~m!'f!tl~)
/pD ~
- 42
I Q..9tf
750,000 Dedication by Develop-
er
3,221,000 Subdivision Exaction/
f.ssesslfleRt Distriet
1i11111l
$19,875,000
..iml
$24,932,000
,;j'..lI'o"'..""'"
:j~:~2gfj~~
Ig7
.
I
l
.
.
/9 -7'~
___lP/r
>
rJJ.
es UJ\Il .;~
~ ~Z 5~
u lI:::t' UJ ~~
~ ...JUJ ~o
~ tiiCk:: ~l
~;2i(!)
o ~~'I
r::
o
+:0
<<l
u
o
..J
~I ;
0",;
....
u
Q)
....
o
...
. EJ:
~
rsg
. C. Ef.STU.KE CREENS ON-SITE PROJECT PHASING
/.ltlumgh this phasing is Aat IflMe8:led by the TfllIlsjleftfltisA Phasing PIM ass\;IlflptisAS (Table
No. I), it is antieipllteEl that the CfeeIlS .....ill be eeveleped iA three sej3lH'tHe phases as ShOWA aA
presented below:
Phlltle ORe !\\l,~~.~~~
Phase OAe I!!Ml~E~m[I!!~lt1gl;;i includes a golfc~~~~e,.~ ~f~!fg dwelling units, 19.6 acres
~rc~m~ercial development, a high school @ft~~j]\YIl~W;pgrn, and 27 aeres of eOlfllfl\;lAity aAe
~}y9ii*~# Aeighbsrhooe parks.
Phase TWll
Pllase Tv.s iAel\;lse3 1,034 ewelling lIAils, aA eleflleAtary s6hool, and a 3.6 aere
Acigllbarllaoe park.
Pha~e ThFee
.
Pllase Tllree iAel\;lees 930 ewelliAg lIAits, Me 27.8 tleres sf eSfIIlflereilll ee',eI6J'!lfleAt.
.It~~~~'...~
1I1;~i"llll'I~I~II'II._'lll.lilrllrlllr.~.
pliIDlelj
It~i~.~i"i!~!~.;~JI~mmMI9~~~i!~n~mi~~'~!&1j]\i1I~!I;'~~'.~i}i@~,Ri~i\
fl~t\li~.
.-
(9~ii~qii~~~
rq,.~
___4&). ~
ISq
.
.
.
'&.ltjn~
~:,>:.:<.:.:.,:.:-:.:lf.!:":1
___ 053 /'
/qo
{q-t(7
en C) #: itS
OlXl -co
effi c It) C\l a:~ '<t ~
.- . , . ::l C-, ~
en oa: ~cr. a: ;;;
c LL N
Q) ;;g o .. ~~ ;;;
CCS ..00 ~ itS
~l{)~ C\l !
'- .r::. . , ' . , Q)~
(!J a: a: a:Oa: a: '-I~'~
en a: "-' C; ~ co
Vl \J~~
D- iD iD t....~-N<D M ctS ..
C\l ~ C\JC')..--- C\l ..cq.> =- ~ .
.r::. or- , . C\l I , I I , ~.
..... a: a: a: a: a: a: C'? a: a.. a: <.
.:n
..... (.) Q) ;,; Q);'; ;,; Q);';
::J Q) en 4i en~ Q) 4i
0 ctS 0 en 0 ~Q)
.~ ~ ctSlii ctSlii ::J~ f'
(f) 0 ..c 8: ..co. ..co. _lll
'- a.. a.. ::JQ.
D- a.. u.. 0..
......... D ccs
......... ...... ~
.............
.........
.........
...............
.........
....... ........
.... ...........
.. ..,........
........ ....... iiiii~
;Cf-7'r
_&4~
UJUl.l;~
~zl~
5tH I~
tn~<
i:i5(!)
"ql Iq I
e
. D. SUMMARY OF COSTS TO BUILDOUT EASTL\KE CREENS
Ill1iillliBt.llifi;::;'&tlltltr~'_W8}J4~IBllIlt4
BtIi Greens - Phase 2
~.:.;~.;~.:-;.;.:<.:<.:.
$60,870,720 gl~~~j~1I
3,653, 700 ~~\1~~.
24 032 000 Zillilili'flOO
, , .:.:.:.~:.:.;.::::~::::::J::::::::::::::.:.:
~g.li Greens - Phase 1
saqJh Greens - Phase 3
.11i[_.I!!II~~~rt!~~I~I@~lIi.mui_itMftM[{II~
TOTAL
$88,656,429
~~I~~~~t@
.
.
rqgllllll)
(q-9j
--
47
F
(p J -
/qd.-
.
.
.
CHAPTER III
PUBLIC FACILITY PHASING REOUIREMENTS
FOR DEVELOPMENT
A. IMPROVEMENT PH/.SINC STf.TUS EASTLAKECREENS ~
ON SITE . .... ....... ................... . . ....................
The EastLake Greens ~$li!mf~jibn-site improvements by phase are summarized in Table
1 below:NN
Phase
Nml~$
..................................
.... " .....
~!mmi~~
1
2
3
mrlg!tg
m~iigtll~)
......,................
Table No. 1
IMPROVEMENT PHASING STATUS
Proposed Development
SPA #1
Proiect No.
Pa!!e Number
'1l"""""1'l\" '\5"""0' ""Y'" """"""S"'S"'''''''llid' ....,.,,,.,.,,.,.,.,
..... .... ..11'.... .... .....,..
::..::i:...:::::.:::::.d:..:::),..::...:....lt...::...::.::JA.::::.:..:,.:Mft
111111111'
~9_i~l""""""""""""
SJltOI66
.....................
30i33
1,656 DUs
19.6 Ae. Comm.
HS, 27 f.e. Park
111.lf~II'!Ii1l1.!~
53 16 66
9~~.tR~
1&
~fflt~R
1,031 DDs, l3Ieffi.
Selleel?..~:~..f~e.:N~~:...
..:!1:111:~
................................
67,68
~1~!~t:111
3+
$mi*
930 DUs, 27.8 /\e.
Cemm. ~~~II~~
~.!iIl~tq.*
n","'~M
1ht"H%Y$l
69 16 74
726" ......NIl5.Jj.......g.. :6'"
...:.:.:.:.:.:,..':.,.:.".....
:,".;,", ""':':'>:.'. .:':"':':'".
::.:;:.:,;.,::.:.:;ML;::.:.:::.:.:';~::}.:;l:,:.:
33
39lMO
HeM
(q...l{JC)
(p(p~
--48
ICf3
. B. RECION.\L TRA.NSPORTATIO~T F.\CIUTY PIUSINC
The Majer sl!bjeet eevere6 by Table 2 is the eCC site street f&eililies iffiPfiete6 by EftstLake
CFeeflS IIRtI the eltlHttl:llli.ve lHRellftt eC residelllial, eeHIIHereialllRtI ifttlliStrial, tl6'leleflHlellt Het
te be el!eeeded befere the iffiPaete6 street ar free-lift)' faeility is iHlflfeved.
It shelil8 be ftete6 ~hat the tleveleflffiellt Iiffiits wilieh hft'l'e beeR set ftlr the regieftal faeililies
eeyer a tlevel6flmeRt ftfell ....hieh iftellltles all ef the tleveleJ'lffiellts east ef I 805 .../ith ilie
el!ee]'llieft ef ~he Omy RllI1eh. AIse, the tle"lel6flffiellt thresheltls set far regieftal iffiJ'lreve
meats 8HtV/etgR any iasi-,isHal projeet limit. Thlis, fer ~afBf)le, if eliRudati-ve regiORal
t1e'iel6flffiellt tlieftttes that SR 125 betweell Telegmph ClIRyeR Relit! IlIltl SR 51 ftee6S 1e be
eeftskltete6 as a felir lIlIle freewfty, theR SR 125 ffilist be iffiflf6ved prier te fllfiher ae'+'l*eJ'l
ffiellt eeellmag withift &slLake CfeeIls.
.
It is ifttelltled fer the &st Chela Yis~ TI'IlRSfleftllli.eR PhllSiRg PIIlI1 (TPP), (see A]'l]'leRtlix f.)
te ae feviSe6 MEt ttpstlted eft an ftRRliW Basis. Thlis, eaeh ehange ia the TPP -I.'ill ftut6mat1
ean y beeeme appliee.ble te EastLake GfeeIlS beee.lise the TPP is beiftg atlaJ'lte6 as 11ft apJ'lefttliJt
te the &stLake GfeeIlS Pliblie Faeililies FiftMeiRg rlllR. I.s IIt!tlit:i:eftalllll1t1 tieveleJ'lffiellt
tlala MtI fllt)ili~y eest infarffiRlieR bee6ffies !mewR, the TPP beefttlaries 1lI1t1 fee affiellR~ will
be IIt!jliSte6 te refleet eliffeftt eeRtlit:i:eRs. Limits, faeility eests, MtllItljllSte6 fees iR ~he ffiest
rileelltly 8ffiefttled TPP 1lI1t1 Devel6flffiellt IffiJ'laet Fee Pf6gfftffi will mire J'lreeedellee ever the
iRfarffiRlieft eefttfti.fted iR Table 2.
.B..............'....__~<."BIltIDlt.~
....,...... ... ... .,. . . ..... ... 'If"'" .. .... ..., .... .. . ..
;:~~}Wd~f...:::....:...,~:.....:::..,..:....:.::...:...::..:::!:...::::,......:-...~:..::..:::.:.:......::::.....:~...:..:}K...~........2.w..:....~:>:..::,::.......:::...:..::....::......::...:::t....::.::.....::....::::~...:....::..:....::..}...::...:..:.......:
~
..: .::;.~..~ .
.
(P!'M~glJl~)
(Cf../IJ!
&fJ-
49
lc( L/
.
.
.
Tahm;~. 6.%.'2
............-.................
~1:~lllt""""''''''''''''.,;''''''''''''''''''.rtt..........,...'....11.1.
. .. . . .. .l.BfiltBDS .
'"', ....", ........ .". .. ........", ....". .'",.. --".
~.,.:....., ..._~ ...:::: _' _'_'_': _.::: _:::::...~:...::.:...,::... :~:::. ,:::.,:...::,......::......~::., .:::...,.~..:~ .::...:....:, ..::t: _' _.': ::. ..::, .::,.:,.,:^......,:, ..::,.:,..~.,.
1.ltl;li~II\\!lI;U!I~_llll!~~li%11JftUllii!tk\~~ftlli!.~_%l.1&1[411IYil;
SOOffi
~~f:~~i~~lf[~~~~&~~~llljtf~lt1ti~ijfl~I~11h~Mii*~~g'\t~{:~Jili~1Jt.f~i.f.~tiI1!lt'11~.tlllil~~~~~~lrl1!!1
1!::~;liliI1!1!!!i~!!:!!~~~~f!i~lf:!l\\j\i1~1~~11ntNlflw~11t!i!t@;!!!\!ij!li!l!lljllllls't!D~fl,lti*}%lt~~i~
11.~~~!~ll~I{!I~;!I~l
mllll[I1~[~*~IIIf::[1i!I:*~jl~i~!::
.,..................
............;............................",;"""",::;,,;:,:,
:~m~mt:Hili:tV,:;:;:::/t;~t.
1:11;;~A~I!~F.~,;i8i:,:!;;!fJ1il!t'I@[tli!l!illj?
----
&~~
mgl.~gl,~!)
50
14,/t>~
ICJ5""
.
.
.
TllBle2
PH' SINe PROGRAM POR
RL'CIONt.L TR,.\~TSPORTt.TION P AeILITIES
'''''''l!~ti\
(i!?if&:,..;,,',.A
.----Ioq,-
51
(4../63
ICffo
.
.
.
~m!r~f)
- I
Ml\P 7
REGIONAL TRf.NSPORTATION FACILffiES
(Q'-Ioll
_10--
52
(q7
.
.
.
CHAPTER IV
PUBLIC FACILffiES AND INFRASTRUCTURE FINANCING
A. OVERVIEW
UtilizatioB of Public Facilities Fiftaftcim:: Meekaftistns
EestLake Develapffiellt CaHlpIlft)" ifttellt!S te utilize the ftJ'Ilreprillte pttblie flleilities fialll1eillg
fflookanisffis to HHaRee tHe QeElUisitieB, e6Rstrueaea and maiRteflanee ef fJli6lie facilities 1eCiHKed
te sllppaR the ]:lIMaed t!e-telej'lffiellt af EastLake Creeas.
...lllti[t]i.llx!p.gil,.i"fll.il.li_ii~lI~!
:~~:tlj'!:i:;IiII'I~.;"gm~tt*1[!wi1tl*iEi1~M%}I.,.f'1!1I~["1~jllm.l<<1i
~~~ii;iiilU"!!j;(fifJmfJ[111[!t!{j~1fitlli!tlf.II.1I11P.1I,:"
ftijJ~~1~i!~~~~~*1~~~_"~~..:lE~~e~~~~.
~lP~~&pi~~~:t.~~~d"''''''''M~'''''''''''''h....,..~..j:tMM:.....:-......-:-..,h,..".....,.)~DY~~m_~~. ..
mijil:.Jlt_~Hl,t
B. Revie-.;r 8f Eliistin2: FiBBlKm2: !t:eehanisltts
FiflRBeiRv l\fetltads CUReBtlv ..\ vailahle
Cetleml Thud.
The City af Chultl Vista's gellefll! flillt! _s te fuflt! ffiMY pttblie llef\'iees th1'6ughalit tlte City.
These faeililies 1Iftt! serviees it!eAtifietlll5 lleiag fuat!et! by gellft f\:lat! seurees fej'lFe5e11t thase
that will belleflt Bat aaly ilie resit!eIIts af ilie ]:lf6j'lased prejeet, bat alsa Chala Vista resit!eflts
8awide the eetlsdtuies af Ea3tLal{-e CfOOfl3. lfl fRest eases, ether Mflftfteiflg fReeBftfiisffi3 are
available te illitially eellsffilet ar previt!e the facility ar sefviee, 1lI1t! geflft CaRt! ffiallies v,auld
ellly be elEpeeleEl te fliat! the ffiailltellllftee easta allee the flleili~y is aeeellleEl by the City.
(~m~tI!!~
53 I
.-- /) ,-
Iq-/b~
(Cfg
.
.
.
l\1e110 Roos CO_Baity Faeilities Art of 1982 , , ,
' , 'f ftUlftit)' footlities
. . .. A f 1982 ftli~Ref:lre5 fanna.ti.sB e e6m . .
The MeRo Rees CeffiftUlftlty F~hties . .et e 'alllilles te Jlft)viEie the flfllllleillg ef ~Il Jlllbhe
Eiiskiets whieh are Iltith6fireEi te l~ese speei ... ded IIftder the Melle Rees Aet Illelllee the
' F ililies mlueh elIII be pre,l ,
faeiliaes ef SefYiees, ae ," ehftbHitalioll of tile f-ello'.vlAg:
pllrehase, 66ftstrneliell, el!flallSlell, af F.
a R af parlwl8.J faeHiaes;
Laeal Jla:rk, re:rea :Ildftfy seh-eel sites aile Stftlettil'es;
Eleffiefttftry IIIl see
UbfllFies; tal ~ Tti S thIIt legblatiYe bedies are Iltitilefized te 66ftstrnet,
. fty ether ge'leffiffieft Rei I e
.....
eWIl af llflefllte.
, 1..' , 'Flleiliaes Distriet No.1, .....hieh Jlre'fiees fOf
SPf. tll11le gpf. t1llf'e laea~, .....It/lill ~6ffi~~~~eh661 Distriet lIIle Chlila Vista City Seheel
seheol eftJlReity feF the Sweet\. ater U ftlall 19
Distriet.
1.
2.
3.
1.
Asse!iSmcat Distriets , ,
f; tile IIfJlose ef OOll.lIififlg ef eellstrne1u~g eertlHll
SpeeialllSsessffiellt eistfte1s ffiay be ~~s:;: :'feffi:llt .\et of 1913, tile Iffipfa'~effiellt BaRe f:et
Pllblie iffiJlf6Veffien1s IIlleer the MlIlllelpal. p f 1972 The geneflll. adffiiftistFllH6ft af tile speelal
e the Lighling aile LliReseft!le . .et e , , ,
of 1915, lIB, , , h died by the respeftsible pllbhe agefte).
assessmeftt elstnet IS IIlI , , ,
, te "'hen tile "Mile af benefit ef tile pllbhe faethty
SpeeiftlllS3essffient fillllllcing may be appl'tJflfla '~ e le':ied ill Sfleeifie affi6111lts agaillSt 666h
'fi ft~" SsesSffieft llf' , eEl fi b til
elIII be assiglled 16 a speel e p:ope ",:, b fit Speeial assessmellts ffiSY be liS ef e
' " eft ' eft tile baSIS ef relati.e elle .
lIlet\'lEillal p~ eEI~ site lIBe eff site iHlpreveffients,
Jlllbliely Eiedlent eft
, ents eistriets (.'.sseSSffieftt Distfiet ~T-e, 85 2 ~e
SP' Ifl flllls '"ilAiIl t'.\'o speellil. assessffi 'e fer the aeqllisitiell ef e6llstftleliell ef eertft:Ift
.. , ~ fi ed te flre''l. e 'ti 'lilies
. ssessmeftt Distfiet No, 86 1 efffi, . te.tiell tFlInsmissieft &fie eft Site '.veter 001, "
.. , I e' l"'elf JlliHlp s , , .. tiltft
Jllfblie imflFe'l'efflents, Hie II lag lese." , ftts al:l te seNe &fie benefit JlfeJlefties .n
I 'med ...ater iHlpFe'l'efflents lIIle skeet lHlpre. eme
Fee iii .. Eli b' ts
tile ballftEiaries of the Sfleeial assessment s ne , ,
. . . sf "",S:JeS3meRt Distriet :Ne. &52. The eaglfteefS
· JleFtieft ef gPA #2 falls Wlthlll tile ~ell,lldartfe: d prifleipal tetals ftJlprelliffiately $1,466,000.
. . , te lIfflammaeft e eft ~ , '. /R,
esaHrffioo ft33e3Sftletlt, pHer . Hi ed te iashuie the 08Hfe 8P.... .
The eeaHrme6 Rssessmeat \v1l1 Be reapfJe 88
State Rad fidet'lll Fuadial!: ,
, , se"eroI FeEleflIl. aile State HftMala! aile
.\lthellgli FlIi'ely avili1al:3le te flllla ~'I~~Fe:=:; ag~eies, ill Jlllf'lielllar tile Jlllblie seheel
teehaiea:l RS:H.stanee pregfflffis are a l' fti a e
eistriets,
(9J1ligtll')
54 i}d- ~
./
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1Cf1
.
.
.
g' H'iet IUl'/e fileEI
13 .. .
CIl la '/isla Ci~' Selleel. RatieR ef eligilnh~)
Distfiet lIfid II IimialH)' determl
URieR IIigll selleeie al A ssistanee far flre IB" ef 1976.
tel f. eu Ilase..
The S= with ... 'Olo o:.:.:....w... "'" Pore . If """"" ""'"'" "'f:::
- . F. G_. ..,.,. llmM ~. . law, b. ... .
0- ... """" "_Ie '" ... ,-... ... .....1 p....... ~"' 001 ....... '"
-...... - ..... ~I "',...... _, ,'" .,.", ""'" ,......~... ~"'" ....,"'"
If ~ w~"'" Cby '''':;'1.:'',;'.;_ '" """":'~ ':;,............ '" ""'"
tile II . leea1 selleel IS. eEl iR aeeartlllfioo ..
to fe6l1eIRg d f beRds ISSli
. al llIxes RR ,or
SflOOI
Distfiet Ne. 1.
. teel 1Ille6
meR fillRRelllg be
. 'Ii"" ,.. rom . ........ Is .
>>_M ..... ",,'ol "'" .0..... ,_. " M
d . .eltlpers for fl ti lle"'iRg flllbh
. bye. III tile a ..
. tiOIl ef Sites ef SPf. , ,
DeEllea . ties 1ft the ease
By many el .
dedieateEI :
Reads
Park site
OfleR spaee Il I site (flitrtial)
EemeRlRry se 00
Librnry site .
Pire statieR site
Tl'lIRsit site . . ft ef tile fuHowiftg:
....11 be the IItIdllle
. #2 tIlere "I
Regaffiiftg SPu ,
(I) Higll sell eel si: I site (fllHiial)
lar)' se sa
(2) EemeR ity flalk site
3~ CemmllR
( I ^"eR spare
(4) "'"P
(I)
(2)
(3)
(4)
(5)
(6)
(7)
I' "'ith related
simultaaooHs) n
...... 'isi6B EKaeti6BS ....11 be de\'e1epeEI
811"",1\ . "emeRts ..I
1- .....~ ....re.;., ~.........oo. ''''0 M" p~""
-..... m............b 'biUly of ... .., P 'Uio" 00'
-. ... rom '.' '00 Map Aot. U ,. ~'t ""!;;:'." ~ '" .....:~':" ,,:''''' .. ......
ef tile SlIbtll..l3l . eft iRlflfe'/emeR s. . R ef Reighber ea
Tllrellgll the llse tility aRd reef~lI hat the ooftstruetIa
.. oil I.... -,;,;_ ..HI m_1 '" _ p_
. 00 ....... 1 do... .~
:-:"" ....;......-.. ..... .....,.. ..... .::~,.,:: ""'....-.
" . f ............ ~~....:. ...... '......._ .. "
The impesilieR ~ distriets ffi fiftlll1ee
'l'lI'es fiftftRemg
faell
(9~~9lll~~
55 1 ? ./
./
14 - //)7
:;;:l.oc
.
.
.
DeveloomeBt !mOllet Fees , tribllre te the
. .. eRtsl ageaele3 ta ean ..
'ffi oseEI by YIIflOllS gO.effiffi '" The ElisliRglllShlRg
De't'elt~jlffient I~ae~ P:~e~~jlr:"leffieRffi witkiR the City of ~hllla ~ l:lIes~ of a Sjleeifie
finlHlelRg ~~ eRjlltajee aellA~ a sllbEliyiaieR el!aeaOR is ,thllt el!:~~~I:;ffieRt jlrojeets tkrotlghollt
faeter betnee8 a.. 'eet "'Refea5 fees are leyu~6 eft .
Ele\'elojler fer a Sjleelfie jlfOj n.. llfi esffiblisheEI formatioR,
' 'analllf"tJlI. jlllrsllan. .a
the City or regl , -' other <>O"effiiRg ageReies, Ilf"e
' f h El'~. of Chllla VIsm ana to . 13 ' EI SF A
SP' "" thfOlIgh jloliey t1eeisloRs e tel ~ of fl1eilities ',vhieh will beRefit Ilf"eas e,OR ..
.. j,-, . _-' .. Ijl Eleffll'ol 60S 5
sllbjeet ta f~s eaffibl13h"", te ..e J
"2 These fees iREJllIEle: .. 1987
" . f, SffiJets Deeeffic.er
I ffieR~ Iffijlllet Peea Of , , th llfeft
(1) Inrenffi Easrem Area De"l~ ojlf, oat! jlfOjee~s af regioRal sigRifiellAee IR e
establisheEI te jlfOviae fiRllfielRg or r
east efIRtersltHe 805, ,
" " a fiRllfieiRg for eORstruCtlAg
I h Canyen Dftlinage Plan (jlfOjle3eE1), to jlfO.1 e
~) Te egffijl
amiRage elumRel iffipfO"ieffieRtii,
,,' Cit . Seheel Dismet jlllfiillaRt ~a the
(3) Scheel Iffijlaet Peeii payable,~~ =ec~~~lI~aeh~~ Disiaet ana EastLake De\.elOjlffieRt
t bey' 'eel! Chllla .IS
4'\greeffieR n 9 1996
COffij:lany ElateEI Deeeffiber, '
A De"ellljlffieRt Iffijlllet Pees far SffiJets
CertaiR fee aiiitriets, iRelllaiRg ,the III~ffi (jl~;~':O'ie ~fO'/ide fer ~e co;slrue~~e;:~:
an:tef~~~::t~ ;':~~~R~~~:~er iR rettim r:; :a~:1;~t '~:~~ille:' retl~ireEI fer
1:':.,':"""" M'~ :'''' ':.":'.:. ':: ., lrim'_ ~'M ':~ :1aw7."~~ :
the aWRerlae'iellljler, s jlr jl ), (iiee Developer ReiffibllrsemeRt : ~~reeffih' h ....11 beoefit _s
aeterffiille6 by the City Manag~1' heEl te heljl aefray eos~s of fllelhtl.eS"N Ie n I
..' . to lie'" fees csta 15
ffillY Be slIVJee. n
beyoRd EastLake Greefts.
lis aoe MaiftteDaBee Distriet
Street Lilffit aDd LaB e . ~ b . the City of Chllla Vism
' e Distriet No. 1 '''lIS aJljlft)'ieEI ~a. ~Ojl ~lIrt 2 of the SffiJets and
=. '~:':' ~~.:- ~"':::.:::::: I:;'. Ie ~.., =y~
High'Nays Cade, belag the f l:u asellpeEI skeet ffie6ians, IlIIIdseall II .. eRffi ill
.. mllillrellllllee a II EleE!' teE! mllillreRanee easeffi
aSiieSSffi6llts ttle '" 131' righffi of way ar lea
Slljlpleffi6llml sffiJet lightlRg WlthlR pll Ie
tke Eas1Lake Deyeltljlffi6llt. , f Ell tLake MaiR~anee Distriet
' ~ '''e SP A ft-2 lieii v/ithiR the bellRaanes 0.. 51'7 1985 "'hieh alse Sef'leii
El eo#,' a partlaR e~ ," .. , f Elh I "ism Deeem"er T, , n . f
lIff '''eEl EI at!tljl~ by the City 0 1I ~ . 'eEl ither tkrellgil the eltflanslaR a
~}:,aejl~r;: 1 m;t is anlieijlateEi tkllt SPf. !:J. wl~1 ~: S:;ffia:OR of a sejlftftlte Maill~anee
"",Sa::;o:at '" , ",' ~ No 1 ar mrollgn ,
T _1 ""'-~RteREU1ee D13dle .
Ea3t~ r.,~
Distriet.
(~~~~~
56 14--
".-
!Ct../IJK
~ol
. .
. Hemee'II'BeF5 f.sseeiatieoiBlI5iBess Center OWBers f.sseeiatieB
EastLak't: 1 COfflffitlRhy ~A..sseeiatieft anti I3a.stLalre Bl:lsmess Ceater O'lIfters l\ssoeiatiea lUYle
beell ferffie6 te Ilumage, eJleftNe IIml ffiaillWIl prY/ate reerealiellal faeilit:ies lIIla 6Jlen SJI&ee areas
within SP~'\ #1.
8P~\ #2 -;fiR Be st:ffijeet te B. COfttffitlRity f..sseeiMieft fermoo fer the pHff'63e sf managiag,
epeflWllg lIIle ffiailltaillillg Jlrivate reeFellli61lal flleilities lIIle epell SJI&ee lIfelIS withill Ule SPA fIQ.
DenleDer ReimbtlrsemeBt hfreements
Cerltlill flleilities tllat lI@e eff site ef gPA /tllllle SPA /t!J. aneier Jlfe'tide regi6ftal benefits ffiltY
be eallstrHete6 ill eeAj\:lftefteft ;-AUl the ee"/eleplfleftt ef SP.~. /tlane SPA /t!J.. III s\:Iell illStlmees,
De-..eleper Reiffib\:lrseffieftt f.greelfleftts .....ill be elloee\:lte6 te Jlr-e'Aee fer a Riwre Jlaybael( te
Ea5tLa\{e Deyelepffieftt CeffiJlllll)' fer tile adeitieftal east ef Ulese flleilities. F\:Iwre ee-relepffieftta
life Fell.tlire6 te PI!)' bile\{ Uleir lllleeable sllllre ef tile rests fer the sllBfeEi faeility Wfteft
ee-.'eleJlffieftt eee\:lFa.
8petisl ..A...~reemeBts/De\.eI8BmeBt ..J...2reement
.
This elltegery iHeltlees SJleeial eeveleplflellt pregffilfls fer HHltileiAg eallstrueaell ef TelegfllJlll
ClIIlyell Relle lIIle State Retlte 125. It 11196 illel\:ltles any eUler speeielllffiUlgelfleftts beFlIeeIl Ule
City lIAe tile eeYelel'er s\:lell liS eredits agaillSt fees, w&iYef ef fees, er eftllfgea fer City
eellstrueft61l ef sJleeifie fl\eilitiea.
f. 8e'lelepmeat &gFeeffieRt eM play Elft esseaaal Fele iR t-ke ifRplelfleataaeR af tHe Paalie
Faeiliaes PillaneiAg Plllll. Tile Publie Paeilities Filllllleillg Plllll elearly eewls all JlHblie facility
reSf)8asibilities and assures that the eSRstI1:let:1.ea af aU aeees:JftI)" plislie impr6"lemeflts 7tHl he
aJlJlF6J1riately pllase6 ...Ath lIet1:1l11 ee-/e161'IfIeftt, while the ee-relepffieftt agreeffieftt isefttifies Ule
ebligatiells lIAd reEjtlir-effiellts ef beUl Jlarties.
l~j~~ji_~_IIBIIiIIIIl_)m:l._._
.i\!lJi~!lrjl!ii!ti\i~
.
'09'1&119$'
~:,:.,.:.:.,.:.:.,.:.:.:.:.:.:.:.:.:.:.~
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.. ....w.... ...w..,.........w....m............w........................... ...................w......,.........,..........,w...w............w......1..9. "8"'2'"
li:....11'....fi.............,."..................'m._,..'..."" "",,"',.....,. .. '.
trfi!4iitl~!l$N!nm\im~~.HB~Ml~;_It!iKt
~
;';:>::,:~: ......>:.:
.':<
'!3.....~.".,.,.,.,.,.''''.,...''''HI1.iliiI
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~:;:;;.::::~::::::..:~:~;:::~::::t:::~:t:::::<::::::L:
~9!~m~
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59
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.ill_.j_~_j
Iqmill.I.~
1I11r1_11~_lIlfllpfl"i'I.~I(tiai.
.~1~.!B,i1l.t.~i!i!ltlB
!lm.tjli~~_
(Q,f,iigfll~J.
60
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19-1101...
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.
.
.
CHAPTER V
IMPLEMENTATION
As stated earlier, this document is intended to further address public facility needs associated
. h Ea tLak G istljt-\
WIt s e reens ~,,>>L1mJili.
The Public Facilities Financing Plan is intended to both identify the various public facilities
required to support planned development of the SPA #2 Plan and to insure that these public
facilities are provided at the time they are needed. In so doing, the Public Facilities Financing
Plan designates not only on-site public facility needs but also endeavors to address regional or
area-wide improvements needed to serve the adopted SPA Plans plus cumulative planned growth
within adjacent areas.
It is understood that assumed growth projections and related public facility needs are subject to
a number of external factors such as the state of the economy, the City's future land use
approval decisions, etc. It is also understood that the funding sources specified herein may
change due to financing programs available in the future or requirements of either state or
federal law. It is intended that revisions to cost estimates and funding programs be handled
administratively whereas revisions to the related facilities-driven growth "phases" are to be
accomplished through a Public Facilities Financing Plan update process.
~1q/
m~t~gtf~)
61
I q,. 113
~b
.
.
;/
ATTACHMNET 6
.
INITIAL STUDY AND
NEGATIVE DECLARATION
.
;'1-/1'1 7~:/(5
r
614
.--,
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...-"
.-.,
- f .;2.
-
(0_1/5
h-.,,~ f
Mitigated Negal."e Declaration
. . PROJECT NAME:
Modifi~tion to the EastLake Greens GDPISPA Ind the f~tiOn
of In Assessment District for various public improvements
.
PROJECT LOCATION:
South of Otay Lakes Road between EastLake ParkwaY.lnd Hunte
Parkway
PROJECT APPLICANT:
CASE NO: 15-94-19
East1ake Development Company
DATE: Febl'Ull)' 28, 1994
A. Proiect SettinR
The project site located south of Otay Lakes Road between EastLake Parkway and Hunte
Parkway and this general vicinity (Eastlake and Otay Ranch) do not involve any substantial
soil or any geotechnical hazards that would impact the proposed project.
The project is located within the San Diego air basin which is an air quality Don-attainment
basin. The project includes a 97 dwelling unit increase because of the expansion in land
area of the Greens SPA. This will not result in a substantial increase in emission into the
air basin or any substantial degradation in air quality.
..'
However, because the increase in the projected units is more than SO, compliance with the
City requirement for an Air Quality Improvement Plan must be met. Thus, this less-than-
significant impact will be further reduced.
The project site involves the Telegraph Canyon Creek, Poggi Canyon Creek and Salt Creek
drainage basins. Future regional facilities in these basins may nee4 additional cumulative
capacities to serve the 22.7 additional acres being added to the SPA boundary but the
impacts of this project would not be significant. These drainage courses do not enter any
potable water sources nor are they a significant source of any ground water. .
.J'
This property has been used for agricultural purposes for many decades Ind is void of any
significant vegetation or animal life. The project could affect raptor habitats but Jiven the
limited acreage this is not significant.
There are various streets in the project area which have traffic volumes that may result n
adverse noise levels. Once precise pad elevations n;lative to street elevations are known,
specific mitigation will be identified Ind implemented. This residential project will not
result in InY significant aources of light or glare. .
The project as proposed is consistent with the other low-medium densities adjacent to and
in the vicinity of the project site and the population levels are consistent with the project
area.
Public facilities and services including transportation are a~ailable and adequate to s~{~
the ""'Iject site and vicinity. ::-..1_-:
r--; ~ ~ = ~
Clt)' of chula vllta planning "epartment CI1Y Of
envlronmantal review ..ellon. CHULA VlSrA
Iq../lw
-?3 -'
'd-)l-
The underlying geological strata on the project site possess a high potential for significant
paleontological resources. Those areas which have been graded have been monitored and
any significant resources vered. This monitoring will continue in the currently non-
graded areas.
;--.,
Mitigation of any potential
implemented.
project site was
.
B. Proiect Description
General Description
The project is an amendment to the a Plan (GDP),
which includes EastLake Greens; an dment to the adopted East! Greens SPA Plan
(SPA) and Tentative Tract Map; and th annexation of approximate 23 acres to the City
of Chula Vista. The amendments to th GDP and Tentative 1: Map are intended to
reflect those changes proposed in the SP Plan. The change the SPA Plan are of the
following two categories:
of the transmission easement area includ
d Swap Area (between the Otay Ranch
~ect of a General Plan Amendment, will be
amendment e pUlpOse of including the areas in this proposed
ey are logical expansions of existing parcels within the
plan. e parcels that are expanded by the recent GPA include Parcel
23. Upon favorable action. these areas are proposed to be annexed to
Vista. Following is a description of each of these parcels:
I. Amending the GDP/SPA to include
Plan Amendment cast of the SDG&E
R-IO, R-20, and R-23 for 97 additional
2.
Transfers of units within the existin
net increase of density.
undary to reflect refmements with no
3.
The formation of an Assess
of public facilities to serve
.-..
4-1 Eastlake II) for the installation
Included is Table I, the Adop
proposed residential change
Table 2 which IUI1lIJIII'izes the
in this amendment. The
Eastlake), which was
vered by a ICpll'lte
dment ICpll'ltely is
e Greens SPA
-10, R-20 and R-
e City of Chula
R-JO; The realignment of Orange Avenue to the south expanded
this parcel's boundary. These expanded areas were designated Low.
Medium Density on the General Plan. The mid-point of the density
range (4.5 dulac) is being proposed. The total increase for this
parcel is 79 du (67 du in the Land Swap Area and 12 du in areas
previously indicated as Orange Avenuc/Future Urban).
'i
WPC F:\IIONE'AAIlNJI<O\I7J6.H
::=- f -f ~-
/q"/17
'.2
-,
The underlying leological strata on the project site possess a hiah potential for significant
paleontological resources. Those areas which have been ped have been monitored and
any significant resources recovered. This monitoring will continue in the ClllTelltly 1I0n-
pded areas. - ,
Mitigation of any potential cultural resources on the project lite was previously
implemented.
.
B.. Protect Desenotion
General Deser1otion
The project is an amendment to the adopted Eastlake I General Development Plan (GDP),
which ine1udes EastLake Greens; an amendment to the adopted Eastlake Greens SPA Plan
(SPA) and Tentative Traet Map; and the annexation ohpproximately 23 acres to the City
of Chula Vista. The amendments to the GDP and Tentative Traet Map are intended to
reflect those changes proposed in the SPA Plan. The changes In the SPA Plan are of the
following two categories:
1. Amending the GDPISPA to include those parcels of the recent Land Swap General
Plan Amendment east of the SDG&E transmission casement (expansion of Parcels
R-IO, R-20, and R-23 for 97 additional units).
2. Transfers of units within the existing SPA boundary to reflect refmements with 110
lIet increase of density.
3. The formation of an Assessment District to (94-1 Eastlake U) for the Installation
of public facilities to serve the project.
Included is Table I, the Adopted Site Utilization Plan and Table 2 which I\IJIUIlII'izes the
proposed residential changes.
Desc:riDtion of Land S,,'ao Area Amendment
Only those areas east of the transmission casement area included in this amendment The
balance of the Land Swap Area (between the Otay Ranch and Eastlake), which was
recently the . subject of a General Plan Amendment, will be covered by a separate
amendment. The purpose of includinl the areas In this proposed amendment separately is
because they are logical expansions of existinl parcels within the EastIake Greens SPA
plan. The parcels that are expanded by the recent GPA include Parcels R-I0, R-20 and R.
23. Upon favorable aetion, these areas are proposed to be annexed to the City of Cbula
Vista. Following is a description of eaeh of these parcels:
R-I0: The realignment of Oranle Avenue to the soUth expanded
this parcel's boundary. These expanded areas were desillllted Low-
Medium Density on the General Plan. The mid-point of the density
range (4.5 dulse) is beinl proposed. The total inerease for this
parcel is 79 du (67 du in the Land Swap Area and 12 du ill areas
previously iIIdicated as Orange AvenueIFuture Urban).
wpc,~I'J6.t4
~
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....t 2
d/b
.
~ABLE 1
.
...t.Lak. Gr.ana Si't. tJ'tiliza'tion Plan
zn.'t1ng ReaidenUal !.aDd 17.. S'ta'tbUC8
Parcel Denai'ty Acre. ~erge't ~erge't
HU1I\b.r 1t8"O. n.n.i<tv tJ"i't.
It-l O-S 15.7 2.7 54
R-2 O-S 14.7 2.7 40
R-3 0-5 21.8 3.8 83
R-4 0-5 24.0 4.3 104
Jl,-5 0-5 23.0 4.6 105
Jl,-6 0-5 17.4 5.0 88
Jl,-7 5-15 10.7 6.0 65
Jl,-8 5-15 16.4 S., "
Jl,-' 5-15 8.5 5.3 45
Jl,-10 "5-15 27.' 6.0 167
R-11 5-15 14.6 6.3 .2
Jl,-12 S-15 14.3 6.5 t3
Jl,-13 5-15 22.6 6.3 142
Jl,-14 5-15 11.4 7.4 84
. Jl,-15 5-15 11.6 7.6 88
Jl,-16 5-15 10.5 7.' 83
Jl,-17 5-15 2'.7 7.2 214
Jl,-18 5-15 .., 8.8 87
Jl,-19 5-15 14.' 10.6 158
Jl,-20 5-15 13.6 12.0 164
Jl,-21 5-15 10.0 12.0 120
Jl,-22 5-15 10.8 13.5 146
'. Jl,-23 5-15 13.7 15.0 205
Jl,-24 15-25 5.0 10.0 50
Jl,-25 15-25 7.4 10.0 74 ";.J'...
R-26* 15-25 13.3 4.5 60
Jl,-27 * 25+ 8.' 4.5 40
R-~R* 25+ ".1 '.!5 2'7
"a,ru. 412.4 ae 2774 du
*In'terim De.igna'tion
.
e
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-%J -
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WoBLE :z ........,
"st.Lake Greens Sit:. utilization Plan
Proposli4 Jtu14anUal J.an4 Vs. staUsUetr .
/'-
"
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Parcel Acr.s 1'arqet %ncr.a.e(+)
Numb.r nanAi't.v naera...l_\
,
.-1 0-5\ 1ll.' 0
.-2 0-5 14.7 0
.-3 0-5 21.8 02 +1'
.-4 0-5 24.0 104 0
.-5 0-5 23.0 105 0
.-6 5-15 7.4 88 0
.-7 5-15 0.7 60 -5
.-8 5-15 .4 t6 0
.-,* 5-15 45 0
.-10 5-15 45. 246 +7t
.-11 5-15 14. 87 -5
.-12 5-15 14.3 t3 0
.-13 5-15 22.6 142 0
.-14 5-15 11.4 86 +2 .-
.-15 5-15 11.6 65 -23
.-16 5-15 10. 83 0
.-17 5-15 2 7 214 0
.-18 5-15 ., 8. 87 0
.-1ll 5-15 4.' 10.6 158 0
.-20 5-15 15.7 '.2 153 +11
.-21 5-15 10.0 12.0 120 0
.-22 5-15 10.8 13.1 141 -5
'.-23 5-15 15.8 13.5 14 +,
.-24 5-1 5.0 10.0 6 -4...........
.-25 5- 5 7.4 10.0
.-26* 15 13.3 4.5
.-27 -5 8.' 4.'
'1'OTAL 434.1 ac 6.1 2871 4u
-Interim Dedqnation: Parcel subj.ct to future SPA Allen
to be consi.tent with the General Plan.
........,
1-11-U
- 8' to ---
\C{...I\q
-.
!rABLB 2
aastLak. Greens Siu vtJ.11a.Uon Plan
Proposed ..siclanU_1 J.aftcl Vs. st:a~isU~
P.rc.l Densi~y Acr.. 1'ar9.~ 1'arv.~ J:ncr....(+)
Wumh.r ltalUI. !).".i~v tJni't.. l)aer.a8.(-\
Jt-l 0-5 It.1 2.1 54 0
Jt-2 0-5 14.1 2.1 40 0
Jt-3 0-5 21.8 4.1 102 +1.
R-4 0-5 24.0 4.3 104 0
Jt-5 0-5 23.0 4.6 105 0
R-6 5-15 17.4 5.1 18 0
Jt-7 5-15 10.7 5.6 60 -5
R-8 5-15 16.4 5.' tI 0
R-'* 5-15 8.5 5.3 45 0
R-I0 5-15 45.4 5.4 241 +7t
Jt-11 5-15 14.6 6.0 17 -5
R-12 5-15 14.3 6.5 t3 0
R-13 5-15 22.6 6.3 142 0
R-14 5-15 11.. 7.. 86 +2
Jt-15 5-15 11.6 6.5 65 -23
R-16 5-15 10.5 7.' 13 0
R-17 5-15 2'.7 1.2 214 0
R-18 5-15 ... 8.8 17 0
R-lt 5-15 14.' 10.6 158 0
R-20 5-15 15.7 '.2 153 +11
R-21 5-15 10.0 12.0 120 0
. R-22 5-15 10.8 13.1 141 -5
. Jt-23 5-15 15.8 13.5 214 +.
R-24 5-15 5.0 10.0 46 -4........
R-25 5-15 1.4 10.0 18 +4
Jt-26* 5-15 13.3 4.5 60 0
Jt-27 0-5 I.' 4.' 44 +4
11-21 S-1~ '.1 ...8. <<0 +~~
'l'OTAL 434.1 _c 6.6 2171 clu +17
-Interim D.sivnaUon: parcel subj." = fu~ur. SPA Aaandaant
~o be con.lst.n~ with th. Gen.r.l Plan.
1-11-14
- gt, .-
\C{,\ \q
':)J8
.
R.20; This parcel is expanded by a 2.1 acre triangle adjacent to the
SDG&E easement The new area is computed at the mid-point of
the Low.Medium density range (4.S dulae). A reduction is proposed
for the parcel IS a whole to reflect current planninglmarketing.
R.23; This parcel is identical to the changes for R.20, except that
no decrease in the density is proposed. A net increase of 9 IIIlits are
proposed for this 2.1 acre addition to the SPA.
A total increase of 22.7 acres and 97 du are included in these three parcels.
DescriDtion. of Density Transfers
This amendment includes density transfers within the existing SPA boundary to reflect
current planninglmarketing. These changes do not increase the number of units (2774 du)
previously adopted. Following is a summary of the density transfers. Refer also to Table
2 for a composite of both density transfers and additions resulting &om the additional Land
Swap Areas.
Parcel Number DU Increase DU Decrea$t
R-3 +19
R.7 -S
R-II -S
R.14 +2
e R.IS -23
R.20 -20
R.22 -S
R-24 -4
R.2S +4
R-27 +4
R.28 ill
TOTAL +62 -62
Descrlntion of Assessment District WQrk .0/
The general description of work to be funded by Assessment District 94-1 consists of the
following:
1. Street improvements consisting of grading, base, paving, autter, sidewalk, street
lighting and landscaping within the following rights-of-way:
L South Greensview Drive &om Clubhouse Drive to Unit 6 entrance (2,400
L.F.. Phase 1).
b. South Greensview Drive &om Silverado Drive to Hunte Parkway (3,400
L.F., Phase 2).
e
c.
South Greensview Drive &om Unit 6 entrance to Silverado Drive (1,920
L.F., Phase 3).
WPC F,\HllNE'nJ\NNINOII7J6."
-%1-
.... 3
/q" 1J,t)
dl4
1.
2.
3.
4.
5.
6.
7.
C.
2.
Utilities and underground improvements consisting of potable Wlter facilities, atonn
drain facilities, sewer facilities, reclaimed water facilities, electric facilities,
telephone facilities, gas facilities, television facilities as appropriate by applicable
state and federal statutes within the following rights-of-way:
.-..,
a. South Grcensview Drive &om Clubhouse Drive to Unit 6 entrance (2,400
L.F., base]).
b. view Drive from Silverado Drive to Hunte P
e 2).
c. sview Drive from Unit 6 entrance to Silv
).
3.
DIF funded street .
curb, gutter, side
monumentation within
rovements consisting of grading,
, medians, street lighting,
e following rights-of-way:
drain, base, paving,
dscaping and street
a.
Hunte Parkway
L.F., Phase 2).
Clubhouse Drive to outh Grcensview Drive <2,300
4. DIF funded street and under
drain improvements within th
a.
Hunte Parkway from So
Phase 2).
reensview to Orange Avenue (1,270 L.F.,
.-..,
b.
Orange Avenue from
Phase 2).
ay to the SDG&E easement (3,500 L.F.,
General Developme Plan Amendment .
Sectional Area PI (SPA) Amendment
Modification to e Eastlake Greens Site Utilization
Establishment District 94-]
Annexation
Tentative
Design
'.~<
The project is consistent with the overall General Plan. The project
amendment to the more specific land use regulations of the EastJake
Development Plan (GDP) and Sectional Planning Area Plan (SPA).
D.. Identification of Environmental Effects
An initial study conducted by the City of Chula Vista (including the attached ,-..
Environmental Checklist Fonn) determined that the proposed project could have one or
WI'C f:1IIOME'l'I.AHNI0I17J6."
- 'it -
\f1J la-I
hae4
a. Hunte Parkway from Clubhouse Drive to South ORcnsview Drive (2,300
L.F., Phase 2).
4. DIF funded street and underground improvements consisting of grading, and stann
drain improvements within the following riahts-of.way:
a. Hunte Parkway from South Oreensview to Orange Avenue (1,270 L.F.,
Phase 2).
b. Orange Avenue from Hunte Parkway to the SDG&E easement (3,500 L.F.,
Phase 2).
Discretionarv Actions Associated (but not limited to) the Proiect Area
1.
2.
3.
4.
S.
6.
7.
General Development Plan Amendment .
Sectional Area Plan (SPA) Amendment
Modification to the Eastlake Greens Site Utilization Plan
Establishment of Disuict 94.1
AMexation
Tentative Subdivision Map
Design Review
"~.
c. ComnatibHitv with 20ninR and Plans
The project is consistent with the overall General PJan. The project involves an
amendment 10 the more specific: land use regulations of the EastlIke Greens General
Development Plan (GDP) and Sectional Plannina Area Plan (SPA).
D. Identification of Environmental Effects
An initial study c:onduc:ted by the City of Chula Vista (inc:ludina the attached
Environmental Checklist Fonn) determined that the proposed project could have one or
W7C: ':\IlOMNI.AIlIlIIClII7J'-"l
-'t!'
\l"J Ia.\
.... 4
~;;;u:::'
.
.
.
more significant environmental effects. Subsequent revisions in die project design and/or
specific mitigation measures will be implemented to reduce dlese effects to a level below
significant. With project revi~ions and/or mitigation, no significant environmental effects
will occur, and the preparation of an Environmental Impact Report will not be required.
This Mitigated Negative Declaration has been prepared in accordance with Section 15070
of the State CEQA Guidelines. Specific mitigation measures are set forth in the Mitigation
Monitoring Program which is attached as Attachment "A".
The following impacts are those dlat were determined to be potentially significant and are
required to be mitigated to a level below significant. A discussion of each of dlese
potentially significant but mitigatable impacts tiom die proposed project fonows.
Acoustics
The Initial Study has noted that traffic volume on roadways in and adjacent to die project
site could increase ambient noise to an unacceptable level.
E. Mitisz8tion necessarY to avoid simificant effects
Specific project mitigation measures are required to reduce potentially significant
environmental impacts identified in the initial study for this project to a level below
significanl.Mitigation measures have been incorporated into the project design and have
been made conditions of project approval, as well as requirements of the attached
Mitigation Monitoring Program (Attachment "A").
At the time of consideration of a Tentative Subdivision Map or Design Review
Supplemental Acoustical reports will be prepared for projects adjacent to Chula Vista
General Plan Circulatien Element Roadways. At that time the precise elevation of
roadways and residential development pads will be available. With this information, it will
be feasible to make an accurate forecast of noise levels. and the appropriate mitigation
measures necessary to reduce noise levels to an acceptable 65 exterior dBA (CNEL).
These acoustical reports must be based on the lates! buildout traftic forecast and must
validate the achievement of the 65 exterior dBA (CNEL) standard.
F.
Consultation
.;-'...
J. Individuals and OrRanizations
City of Chula Vista: Roger Daoust, Engineering
Cliff Swanson, Engineering
Hal Rosenberg, Engineering
Bob Sennett, Planning
Ken Larsen, Director of Buildina A Housing
Carol Gove, Fire Marshal
Crime Prevention, MaryJane Diosdada
Marty Schmidt, Parks A Recreation Dept.
Rich Rudolf, Assistant c:ity Attorney
WPC F:'IICIIoIE\I'I.AGlI1J6.94
-?'1-
P.,e 5
11.../:).;)-
d:A1
Chula Vista City School District: Kate Shunon
Sweetwater Union High School District: Tom Silva
.......",
Applicant's Agent: Gary Cinti
Cinti Land Planning
3625 Midway Dr., #292
San Diego, CA 92110
2. Documents
Letter dated F eb
EastLakeDevelopment
improvements and fin
1994 from Nce Sloan, Sr. Project Manager,
regarding ewage seneration in sewage basins,
Letter dated FebNary 7,
Division, Rick Ensineerin
Letter dated FebNary 18,) 4 Andy Schlaefli, Vice President Urban Systems
Associates, Inc. regarding the equacy of the Transportation Circulation System
3.
Initial Study
This environmental dete nation iS~\ cd on the attached Initial Study as well as
any comments on the 1 lal Study an this Mitigated Negative Declaration, and
reflects the independent dgement of th ity of Chula Vista. Further information
regarding the enviro ntal review of the oject is available from the Chula Vista
Planning Departmen 76 Fourth Avenue, ula Vista, CA 91910.
.-.
I
\~
..~
.......",
WI'C F:IIlONE\Pl.ANNlNGlI73'.94
'-ae6
-?tJ _
('1' 1~3
Chula Vista City School District: Kate Shunon
Sweetwater Union High School District: Tom Silva
Applicant's Agent: Gary Cinti
Cinti Land Planning
3625 Midway Dr., .292
San Diego, CA 92110
2. Documents
Chula Vista General Plan (1989) and ElR (1989)
Chula Vista Municipal Code
Letter dated February 9, 1994 from Bruce Sloan, Sr. Project Manager,
EastLakeDevelopment Co. regarding sewage generation in sewage basins,
improvements and financing
Letter dated February 7, 1994, DeMis C. Bowling, Director Water Resources
Division, Rick Engineering Co., regarding the adequacy of drainage ayatems
Letter dated February 18, 1994, Andy Schlaefli, Vice President Urban Systems
Associates, Inc. regarding the adequacy of the Transportation Circulation System
3. Initial Studv
This environmental determination is based on the attached Initial Study as well as
any comments on the Initial Study and this Mitigated Negative Declaration, and
reflects the independent judgement of the City of Chula Vista. Further information
regarding the environmental review of the project Is available from the Chula Vista
Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910.
'.~..
EN 6 (Rev. 5/93)
-?~ ,
(It "l~
.... 6
tIPC F:\IlONE\PLANIlIIOII7JU4
~?-~
.
.
.
..,
Attachment A
MITIGATION MONITORING PROGRAM
MITIGATION MEASURE
At the time of Consideration of a Tentative Subdivision Map or
Design Review Supplemental Acoustical Reports will be prepared
for projects adjacent to Chula Vista General Plan Circulation
Element Roadways. At that time, the precise elevation of
roadways and residential development pads will be available.
With this information, it will be feasible to make an accurate
forecast of noise levels and the appropriate mitigation
measures necessary to reduce noise levels to an acceptable 6S
exterior dBA (CNEL) standard.
MONITORING REOUIREMENT
Prior to granting a tentative subdivision map or design review
approval, a noise study forecasting noise levels and the
appropriate measures necessary to reduce noise levels to an
acceptable exterior 6S dBA CNEL is required.
..~
- rl-
1C;~/c2'1
~;).3
..~
01-. lQ
p
0$.1 ~ 8-1
ou
8-2
I P.3
.
. ..........
I 1'0-1
.
OF DENSnv 'IlANSFER
.
SPA IOUNDARY
CHULA
VISTA
PLANNING
DEPARTMENT
(!)
NORTH
APPLICANT: Eastlake Development Co.
ICALE:
NO SCALE
FILE NUMBEIl:
18-94-19
- ?.;L
PIlOJECT DESCIlIPTION:
EASTLAKE GREENS
General Development Plan Amendment
and SPA Amendment
-.,.
ADDIlIII: fOO laDe A"eDlIe
~ q "'1 d.S
.....
......
.....
......\1...
.. .....
~ ......
......
.....
i .....
1-' .....
ClI-2
..
1-2
P-3
.
.
I PQ.,
.
AJV. OF DENSITY 'ftANSFER
.
ADDED 10 .A IOUNDAAY
CHULA VISTA PLANNING DEPARTMENT
(!) "PPLICANT:tasdake Development Co. PIlOJICT DIICIlIPTION:
EASTLAKE GREENS
ADDIlI": too La. AvtII.. General Development Plan Amendment
ICAU: flU NUMIEIl: and SPA Amendment
NORTH NO SCALE I IS.94.19
-?;L -
V1. .. I d-S
a..~
~
APPUCAnON CANNOT BE ACCEPTED UNLESS SITE
PLAN IS FOLDED TO AT !mO AN 8.1/2 X 11 FOLDER
I'or om' "U'" ^-.,.
".' .... .'. ...u:e....';ft..~~l."
CaSeNo'~..2
;~Ii~
'~b~
';J'rOjeCtN:)'~'
~~~ii;.~;
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" _.._.-v~~No.. ..-.,:
::~~,:< n. ::,: .'~:.::';::~ '.: :::':.:f~:
.
INITIAL STUDY
Cit)' of Chula Vista
AppUcation Fonn
A.
BACKGROUND
1. Project Title EIlSUake Greens GDP !SPA Amendment
2. . Project Location (SU'eCt address or description)Ealt of SR-1 25, North of '
Orange Ave, South of Otay Lakes Rd.! ~ele9raph canyon Ra.,
'and West of Hunte Parkway.
.
Assessors Book. Pile" PMeet No. NA
3. Brief Project Description The project 11 a transfer of D.U. within the
existing Eastlake Greens SPA (no net increase) ana an .xpan&~gn gf
the SPA boundary (22.7 ac and 97 dU).Refer to attached Project Descril
4. Name of Applicant Eastlake Development Company
Address 900 Lane Ave., Ste. 100 Fax' 421-:1830 Phone 421-0127
City Chub Vista. State CA Zip ~1 913
5. Name of Preparer!AJent Gary CinU - CinU Land Planning
Address 3625 Midway Dr., '292 Fax' 223-5108 Phone 22~-7408
Cit)' San Diego State CA Zip 92110
Relation to Applicant Land Planning Consultant
6. Jndicl1e all pennits or approvals and cncloswa or documents required b)' the Environmental
Review Coordinator.
a. Pennits or approvals required.
_ OeneraJ Plan Amendment
~ II_-.!Prczone
_ Ondin, Pwmit
_ Talwiye Parcel Map
_ Site Plan . Arch. Review
, _ Special Use Pamlt
)( Dcsil'l Review AppUcatloo
X TenWive SubeS. MIp
_ Rcdevelopmeat Aletq OPA
_ RcdevelDpmcnt AlClIl:)' DDA
_ Public Project
~ ANleUlion
_ Sp6cffic Plan
. Caodilional Use PermIt
-
_ VariaDcc
-:r Coo"al Dcvclqllncnt
..A- OIlIer Pwmit ~
~
If project Is a GlneIaI Plan Amendment and/or rezone, please Indicate the c::hanae in desJsnation from
to
.
b.
_ Oradin, Plan
_ Parcel Map
. _ Procise Plan
_ Specific Plan
_ Traffic Impact Report
_ HazIrcIous WaslC Assessment
Encloswa or documents (as requftd by the Environmental Review Coonfinator).
_ Arch. E1evllions _ H)'dro101iCll Study
_ Landscape Plans _ Biolo,lcaJ Study
_ Tcnwive SubeS. MIp _ ArdIaeoIo,lCll Stud)'
_Improvement Plans _ Noise Assessment
Soils Report Other AlclIC)' Pl:nnit
= OcOlcchnical Report ::i: Other proj ect Descr1pU
- 9:E - .
/9- /o1~
~E
.
B. PROPOSED PROJECT
J.
2.
f.
,.
h.
L
j.
Ie.
L
a.
. 161.4 (amend. area)
Land Area: squ&I'C footage or acreaaell~~" fSi!A areal ...-...,
If land area 10 be dedicated. .we lCreage II:Id P~e.
b. Doe.s the roject involve the construc:don or new IluiJdinp, or wiD Cldstina structure be
.~,--~, es, see Project Description. .
u~.
Complete Ibis section. project is residenti~ or mb:ed use.
a. Type or deve10 ~ Sinale FamIly __ Two FamIly
_ Townhouse Condominium '
Total number or 2871. residenUal
Maximum height or varies
Number or Units:
b.
'"""
Co
pemittted
. District Regulations
d.
e.
y buildinp or
. B'paces to be provo
and paved swface
X Complete this sectio r project is commercial or indu~U 0
L Type(s) or d use
b. floor Heisht or lO'UCClIr8s(s)
Co Type' 0 c:clon used in die ItrUCture
do !be m~ access points 10 the ItnIc:tures and &be orientation 10
.net ItIeelS
Co
f.
,.
Number of OII-slte partin, spaces provided
EstImated Dumber of emplo~ per shift
Number or shifts Total
EsWrwed Dumber of custOIllelJ (pu day) and basis of estilllllte
- .. '. .
.-....
. .
~.JICJ~02I_CW 1000.nllW.lllZUJl ,
. - r4- - lq... (d.1
Plfc2
.
B. PROPOSED PR01ECT
'.
J.
..
. 161.4 (amend. area)
LandAru: Iquarefoola,e oracreaae.8~~_2 ISPA areal
Jf Janel area to be dedicated. .we acreaae &l)d P~e.
b. Does the project involve the conscruction of neW buiJdinp, or wW cxistina ItNc:tIn be
utn;,#~ Yes, .e. Project Description. '
.
2. Complcae Ibis lCCdon. if project is ~ or ~
L T)'pC of deveJoplllCllt\..-. SinlJe FamIly __ Two FaraDy ~ Multi Family
_ Townhouse _ Condominium '. .
b. TotIJllumberohtnaCftUeS 2871 res.t.dential du permittted
Co Maximum heJabl ofltnlctwes varies per P.C. District .egulations
d. Number of Units: I bedroom .JiL.
2 bedroom .JiL.
3 bedroom '.JiL.
~ bedroom ..IiL
TotIJ Unhs 2.Ill
e. Gross density (DU/Io1aJ 8Cre$) ~.'.
f. Net density (DU/lo1aJ 8Cre$ minus Illy dedie-tion) rf . 6
,. Estimated project population to be determined
h. Esdmated .. or ftnlaJ price nnje to be determined
L Square fool.,e of 1trU~ to be determined . .
j. Pucenl of 101 covenge by buildinp or ItNCIW'es _per P .C: .egulations
Ie. Number of on..ile parkins Ipaces to be providod Der P. C. .equla tions
L Pucenl of .ile in road IIId paved aurface t:o M determinec!l
x
Comple.lc this acc:tion if project is eommercial or Jnd~al or~. . ~ .
L Typc(s) of Janel use · ' . . ~
b. floor ~ Heiihl of 1InJCtwtiI(.)
Co T)'pC' of construction tiled In die ItnJCaure
d.
Dacn'be ~ accea points to Ihe ItrIIC:tlnIIIId Ibe orieatadoa to ldjoJnJn, propenics
aiMs Ia'eetI .
Co
f.
Number of on-aile JWkinIIJ** provided
EstimaIod number or emplo>-, per shill
Number of shifls TotIJ
Eali.matod number of CUSlOmctl (per day) IIId buis of atimale
. .. '. .
,.
"'o:.r.JI;!I.IUID~02I_11" _.nl lW.lmIJ) ,/ .
. -r...,--
\q..I.;}.1
P,&C 2
d d-.0
Hours or Operation
Type or exterior liahtina
'x.. . . If projca is other than _I"..",;.,. cornmerciaJ or industriaJ complete Ibis leCdon.
.. a. 1')pe or project .
.
h.
i.
. j~
.k.
L
.
Estimaled number or deliveries per day
Estimated l'anse or service area and basis or CSWnlle
TYI'o/eJttcnt.or openUons lIot in cncJosed buiJdinp
b. Type of lIci1ities provided
c. Square feet or enclosed ItnICtIltt.S .
d. Hei&ht or IINcturc{s) . Dwumum
e. t1ltimate occupancy load or project
f. Number or on-site parking IIpICeS to be provided
I. Square feet or road and paved JUdICeS
b. Additional p~jecc dwacteristic:s
.
.
.,
C. PROJECT CHARACTERISTICS
J.
Will &he project be required 10 obtain . pemW through the Air PoDulion Control District (~)?
No.
Is ~y lypc or pding or ~VIIion or the propen)' antic1p11e4l Yes, baaed on future
. . . . auDm1ttalS.
If yes. complete ~ foDoWIIIg:
L Excluding crencbes 10 be bacJcf'&1Ied. how many.cublc yards or eanb w~ be cxcavlled?
NA
How many cubi~ yards or liD wiIl'be placed? NA
How IIlUCb area (sq. fL or 8CI'llS) wiD be paded? NA
~II wDl be the: ~um depth or cut NA
. Averaae depth.oI cut NA
Maximum,depth of fill NA
Averqe depth of fill ~A
2.
b.
c..
d.
e.
.
. W7Qf.l~02loA.tJ _ 10000.nllW.l0Z2.nl
- 7.J~-
)1" Jd
P~,3
'dd--7
.
3. Describe' all ene-gy consuming devices which are pan of the proposed project and the type of
energy used (air conditioning. c1earic:a1 appliance. healing cquipmeiu, etc.) ,
N~~m.' ~-~i~@n~iBl enerav use.
4.
Indicate die amount of
None.
-"
open .pace that is pan of.the project (sq. It. or acrea)
5. If the project will mult in y employment oppottunitiea describe Ihe
.
~m. 0 struction r
.~
Will hiihly fiammable or polen . ,
the project .ite? NA
. 0
-be used or stored within
6.
7.
How lrWIy estimated automobile trips.
excess of those addressed i
None in
~.
10 imp~t Ihe project, and their points of
ts include but Dot limited 10 the fOllowinJ:
. and ~ lines; cut and rlll.lopes; and
,cess of those rev10usl
,.......
) .
D.
N
oJ
o /
1. . ~eoI02V
Has a .colo&>, dy been conducted On the property? Yes
, (If yes. pI attach)
Has a .oils pon on the project .ite been made?
(U yes. please attach)
Za.tlate Greens EIR.
EIR.
2. jivdrolon
AR any of the following features present on or adjacent 10 the .ite?
(U yes. uplain in detail.)
L. Is there any surface evidence of alhal10w around WatCr table? No.
o'
.
,.-,.,
~....- ~1'I-riENDl_tao(lnD.')ltao(llIlUJ) 1/
~ 7'tp -
\0.. - \~q
P.,. ~
.
3. Describe. all ene.,y consuming devices which are part of the proposed project IIId the type of
energy used (air condilioning. cJcarical applilllce. heatinJ equipmeiu, etc.) .
Nnrma' ~-~id@ntial .nerav use.
<t. Indicate Ihe amount of IWW'Il open .pace thal is pan of .the project (sq. It. or 1Cft;s)
None.
5., Jf the project w1lJ result in III)' employment opponunkiea deacribe the DItwe and type of these
. ,
jo~. Construction related jobs.
.
6. W1lJ hiahl)' flammable or potenliall)' cplosive IIIIterials or IU~ -lie used or ItorecI wilhin
. ,
the project .Ite? NA
7. How many cst.inwed automobile llip. per dl)', wW be ,enerated by the project; None in
excess of those addressed in previous'EIR.
.. Describe (if an)') off-aile improvements IlCCeSSII)' to Imp~t Ihe projoct. and lheir points of
,acc:css or coMeCtion to the projec:l.1te. Improvements include but DOt IimltecIIO die foUowlna:
DeW streets; IlJW ~idenini: extension of ,IS, cJeCuic, and sewer liner. cut and fJlI .Iopes; and
pedestrian IIId bicycle facilities. None in excess of those Ilreviouslv .
identified for EastLake Greens. lr@f@r ~n ~A.~LA~. ~~.~".~~~~).
D. ON
,/
. /
J. . ~lollV
Has I poloB)' stud)' been c:onduCled On Ihe property? Ye. , .ee E..U.ke Greens EIR.
. (If~. please attach)
Has a .olls ftpon on Ihe project .lte been made? Ye.. .ee E..U.ke Green. EIR.
(If ~. please attach)
2. .1fvdrolollV
Aft any of Ihe foUowina features present on or adjacent ~ die lite?
(If )'eS. explain In dellll.)
L. Is dlese any lUdace evidence of. abaUow pound WIlcir IIble? No.
.-
.
wrt>>ll' 1I'ft.N.1DC,4....".02l_ ~ -.." ~ I~ 1~ ,...
\0-. - \~q
P.,. ~
d"~g
.
b.
Are Ihere Illy walercoW'SeS or drainage improvements on or adjacent to the site?
~n Dreviously approvea fa~ilitie..
Does runoff from Ihcprojea site drain cIirectly in to or toward a domestic WIlU supply,
Jake, laervoir or bay? No.
Could drainage from die site cause erosion or .i1tation to adjacent areas? Potential
exi.t., but woula be mitigatea by conaition. to %uture ~.T. map
besc:ribe aU drainage facilities to be provided and their Jocation. ']10 be aeterminea
future .ubmittals ana reviou.ly .pprovea tr.ct map.
c.
d.
e.
3. ~
. L Are there any noise IOlll'Ce$ in the project Yicinlt)' which may impact the project lite?
No. Future .rterial. may impact aome .r.... .
b. Will noise from the project impact any scnsitive receptan (hospitals, schools. aingle-
family residences)? No.
4. ,Biolol!V
L
b.
c.
.
d.
Does Ihe site involve'any Coastal Sage Scrub vegewion? No.
Is the projea site in a IWUrIl or panially natura] ~e? No.
If yes, has a biologicall\lJ'Vey been COiufUCled on ihe propeny?
Yes x No (Please attaclu COPY.)Refei to previous EIR.
Describe all trees IIld vegetation on Ihe aite. Indicate location, height, diameter, and
apecies of trees, IIld which (if lilY) will be removed by the project. iI? te is .emi-
eeveloped with remnants of previous ary farming cattle
grazing on.the remainders
5: past Use of thU:w! '. ~
L Are there Illy known historical or archeologicalraources located on or near the project
aite? No.
b. . Are there any known paleontologiCIJ reSource.s?No.
Co Have Chere been any hazardous materials disposed of or stored on m: Ileal' the project .ite?
No.
cL
.
What was the land previously used fOJ'l Dry farming/Cattl. grazing
'.
lfIPI::F_N'I.N<NINClISrUIUlIND:IoA.'.I'Ild. IDlll.'Jllllcr. ID::2'~ 1'? _
p". s
/q...),3L>
. d.:d-q
6.
CulTenl Land Use
L Describe allSlnIctwes and land uses CUJrentJy cxistina on 'the project site.
.*See answer below**
Constru ion/structure',exists on approx. one-half
\. '.
Lake Green~. Pa els proposed for amend-
, \
ment ith existing struct es are only being
ded to reflect existin ~onditions with no
' ~
in units.
0'"",,,\
b.
7.
Describe allltNctures and land US" c:wrenll)' exlsdn, on adjacent pI'Opert)'
Nonh Eastl ke Busines. Center' .',
South Vacan Otay Ranch - Future
East Vacant. Future Eastlake Ne g
lVea Eastlak High School Community
Social .'h
L Are there any res!den ;
b. Are there ~y CUrTenf
If I~. how man)' and w
opmer
an increase
u:tJ-ts.
I.
Please provide an)' other information
Sites have been fully eval
recent General Plan Amendme
See also attached Project D
.
-.,
**Answer to 6(a):
.
..~.
'-",
WI1'ClI'.IIQI~ED\1021'''''J II(,( 1000.9JIIR.r!. IlO..JI
-rf-
tot"'I~\
PI.r~6
7.
I.
.
6.
Currenl Land Use
a. Dcsaibe alIlU\1ctwes Md land lIKS CWftI\lly edstina oube project lite.
-.See answer below..
b. Desaibe alIlU'uCCwa and land usa CWftI\lly edstinJ on .tjacent pI'Openy.
North E__Uake Business Center' .'.
Sou~ Vacant Otay aanch - Future Gevelopment
Ean Vacant - Future Eastlake NeighborhOOds
1Yea Eastlake High SChool/COmmunity Park &Da Future GeYe~opmer
~~d .
.f._ .;.__ u__ NQ1\e on parcels propeselS f9r an increase
L ftiI" u"'"' any ftlSaAlIItI on 1i&e7 _ 1110, bOYfInlllYl-A!! un! ts.
b. Are th~ spy CUtftnt empJO)'IIICDt opponunhies on Ike? No.
If I~. how.mIllY and whir type?
.
Pkase provide any ocher lnformadon which IIIIY assist in the evaJlW10n of the pa':'po$Cdproject.
Sites have been fully evaluated in Eastlake Greens SPA EX. and
recent General Plan Amendment EX. for Land Swap areas.
See also attached Project Description for aaQit~ona~ a.~..
.*Answer to 6(a): Construction/structures exists on approx. one-half
of EastLake Green'. 'arcels proposed for amend-
ment with existing structures are only being
amended to reflect existing conditions with no
increase in units. ,~
.
~\JI~J"~OlI4'JCW 1000.a)cw I~'J)
-rf-
~Dt"'I~\
Pl~ 6
d30
E. CERTIFlCATION
. 1. IS owaerIowner in escroW.
~.Et]A~A DAvAlo~ment Company
~ruee Sloan. Pro1eet Manager
Print name
or
. 1. COIISIIhant or lIent.
Print name
HEREBY AFFIRM. that to the best of my bellef. the statements and infonnation herdn CClIUIined are in all
ftSpectS Inle and correct and that all known information concemln, the project and tis IeUina has been
included in this Ipplication for an Initial Study of possible environmenlll implCt IIld Illy enclosures for
ItW:hments thereto.
.
~~
Owner/Owner in Escrow Siana:ure
or
CoIIs~1 or Alent SiIna:ure
II 11/l1if
, .
D~
-U 1ClinJ: for I corporation. include capacity IIld company name.
e .
WJlC:F:I~~UN021""'f) <W loaD.f)) ca.r.IIlUf))
. - 7'1 -
.
IC}~/~~
./
. ,
Pile 7 .
~::,I
.
"I
1m: CITY OF CHl1LA VISTA DISCLOSlJRE STAn:MENT'
SIll_I of disclcmue of cenaiD OWDeI'Sbip iDIaau. pI)'IIleIllS. or CIIIIpalpl COIIlnllllllolll, 011 aU
wI1l nquirc dismUOIIII)' 1CIi0D 011 the pan of the City ColIDCil. PIamlIDa CommIaiOD,lIId all Olbcr 0
TIle foUowiDl iIlfomwioD 1Il\lS\ be dilc:IOS\ .
I. ,1Jat ~e ~ of all peI10DS "ve ". r.......,1I11llcrest ill lI!c ~. I.e., ~.
Iaalcri&J IIIpplaer. '.
C an
."""'\
r.
II . A........aIoD or
ill the ClOIpOrIdoa 01'
, IiIl die _ of III
III)' pa.ll...4Ip lmcrest ill
2.
u III)' penOD IdCZlllfied puII\IIIlt 10 (I)
iDdivlduab 0WIl1D& IIlOre cIwllO" of the
the p&nDerIblp.
3. U aD)' penoD Identified pIUS\IIlllIO (1) above II
penon aenizIa u director of the _-profit 01'1
...
Have you Ud IIlOre cIwl S250 wonh of bus
Collllllisslons, Collllllillea aDd Council .
with III)' -.... of the CIly 1II!f, 1oanIs.
IIlODths?
,
,-.
5.
Please Identify acb aDd eve persOD. lDcIudilll aDY lIenlS,
CIODlrICIors who you "ve IDed 10 represent you before the City
Aden Bruce Sloan Kat
ea, OllCISIIIlIIIlS or lDcIepenclenl
S lIlIller.
right
6.
Hive you aD4Io
member ill
l""Dlber(s):
ur officers or II=IS, ill the lllfellle. CIODaibuled
or prec:edilI,llectioD paiocl? Ya () No ,,) U
. .
$1,000 10 . CoulIcIJ
. .. ~ CoIIIIciI
..... II..,.., u: 'My liodi.......... . ptJ_.....joIol_. ......,........ lip. .
--Mr.... .......~IIIIIlI1.r--r..IIIIIIIIICl'._.- . '[ '~'''''.'''fOIiIiooI-'t'.I' __ ,..,
. .'_a.z.--..I..,_
CHOrE: ~.....'. '....._1)')
Date:
~-,
SiJIIIlure oJ ClOD orlappljcant
Bruce ~loan, FroJect Manager
~AstlAk. Develo~ment COmpany
PrilIt or type _ of CIODlrIClor/applicanl
,......"
.....:.. i.o.;O..E\IL.A...."'If\:...~,:.r:"".C":I..A ~.P(f It~... C::'F',' \:~. _ /tf-{J __
,q.. !~~
.
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
II.,-~ of dilclOI1II'$ of cenaID OWZICl'IIlip iDlercsu. pl)'JDClllI. or ClIIIlpaip 1OJllribulIollI. 01111 -.en wIaich
wW nquirc cIlIercli~ ICliOIl 011 tile pan of Ibe Cit)' CowIeIl. PIaaIliIl& CoaIzaIaiOIl. IIld III oIber official bodies.
11Ie foUowill& iIlfOrmallOlllllusl be diIcIose4:
J. LiIllbe _ of III penou ave . II...~.I IDlaat III iI!e ClIlIIIIIl:t. Le.. tclWl~. ~r.
'8IIl&riai lUpp~iCl'. .
'RA~tlAk.in.v.l~nment Comnanv
2. If Ill)' ~ ldcIllitied ~ 10 (1) above II . .......~ or pII'lDeIlIIIp, liar die _ of III
iDdlvldlll1aOtliDlll& more IbaIlIO" ofdae Illu.III die .pOl'ldODOl'onID& Ill)' ",_4iIlIp iDImIllII
die panIleI'Ibip.
.'T ~ af"\tU"" 1 1
J. If lilY perIOll !dClllified plImIIllllO (I) above II _-pron, OflllliZlllOll or. trUst, lilt die _ of Ill)'
JICl'IOIllen'izlI u dinclor of Ibe _-profil OfllllizaliOll or u IrtISlIe or beDer~ or IrtISlIe of !be lIIIIt.
~!.
...
Hive youllad !lIlOre IbaIl S2SO worlb of busiDeu g...'-ed wilb Ill)'
Collllllisslons. Collllllluees IlId Co\lllCII wiIbID !be pullWelve _Ills?
No
~ of die Cky iliff, Boards.
,
5. Please Idenllf)l each aDd eveI)' penClll.. lDd1ldilll lilY lIeIlII. empJ~. ClllIIIlIIlIIIII or IDdep tDdelll
1lO1IlfaCton ",b~ you ave usillled 10 l'Cpresem you before Ibe Cit)' lIllblllllllter.
~nh S8nt9s. Kent Aden, Bruce Sloan, Xaty Wright
i
6. Hive you llId.'pr )'0111 offilZl'l or lIeIlII. III IIIe I&Il'CJIle. IlODlribuled more daaIl SI,09O 10 . CoulIciI
_lIlber lIllllei CWTelIl or prececIiIlllloc:liOll paiocl? Vea [J No Ie J If,.... ~ CoIIIlciI
r-"".r(I): .
.....11......, ._IIldMduaI.....~~.AIp....._.1 '. ..,.........,.'1 . . ~. . _..
-..m...,..........III,\'....-.ol)'.IiI)'IIIlI-.ol)'.IiI)'. 'lI ''11'.........,..., . ..... ..l1li'.........
. "-.",- ..... U I ...'
!
CIGIE& ~......'. '....._.,.,
Dale:
~~
i IUlC hOll rcanl
Jf:ce Iloan, f83ect Manager
R..tlak. DeveloDment COmpany
PrilII or l)'pC _ of OlltIUIC:IOr/lppJicanl
.....: r ~'"'~"!r"...ftl,'P\I"'='~'T.':""I 'C':I." $]:'d lC'~'" C:,I'.' ':~. -/tJ-{J ,
\q.. \ ~~
l;;>;'~li
Case No.:c~-q..,~,
1!'I.7ERDEPARTMENTAL COMMENT SHEETS
.NGINEERING DIVISION
J. prainasre
A. 10 1he project site within . flood plain'! .fJo .
II so, lWe which fEMA floodwa)' Fft4uenc)' BoundlJ)'. ~/A. .
B. What is the locadon and desaiption ofuistinl on-sire drainqe facl1ities'!Gv..- -~ ~
1Z ~IIM~.A.IJ" CITY IiI11:JaI.A...AMwI~ '-1U1U~""'''''.__. CY~~
C. Are the)' adequate to serve the project'! 1J0.
II not. please explain briefly. 'Ra~/- ~'F1~ 'fV)JL'o.1~C: 'MPJ!J,...II"'u~&J!rC. W'U-
M. #!E'1J/"~~ WIlIlAJ. !)#'~I ~J::"....,.,- ^,-'J .J>C. _
D. What is the location and desaiption of existinl off-site drainale facilities'! -"1 ~,.'U ~
~""'AJV'~I>J. "..6~.::'II' ~&%. ,.....,yl'!JJ "........~ ANb ~L"" '...IfI".U'
, r
E.
Are the)' adequate to serve the project'! #Jo.
IInot. please ex:plain briefly. YF/:.I_,.6.t- IMAfU>o/....6:'.1"FY. MAli .... ~~I!!.~It'f
-
IN ~ ~~ ~yt!J#J AI.1~ a.,r I'!.~k!. ~^,c. A~ ,...,..".' ~,a~~rr
.
r:v" L- LIA.' .
n.
~~Iq"..
]nnsMnation AIJ 1'tIA1!~ "T'D "n1~ 7fJ.A.F~/C. sncy Rp.. ~ JiiI.'i1.o\1:Ir &'Y#~
SPA E.1R..Wfl.~ -6 1U(fP"-R>(y~ IH~"'If~ IfoI TTJ;I.WI&- tJr rr~'I'li>AI RI4M
A. What roads provide primary access to the project'! ~
~
B. What is the estimated number of one-way IUtO IripSIO be lenerated by thellrojecl (per day)'! $) "
C. What are the Averale Daily Traffic (A.D.T.) volumes on1he,prlrr\IJ)' access roads befen and
after project completion'!
Sveet Name Befen' Afr6t
))0 any or these volumes "-ed the City"s LeveJ-of-ServIce (1..0.5.) .C" desian ADT
volume'! II yes, please specify.
.
WI'C#;~'IllOlnClUlNmn ~,IGlI.t)l ~,IO:ID,n)
- 10/ -
,...2
1~../3lf
.-- -.,
Case No.]J;-q'l-ftII
If the A.D.T. or L.O.S. "C'. desisn volume is unknown or not applicable, explain briefly.
,.~
. D. Are the primary access roads adeqlJlle to serve the project'1
If not, please explain briefly.
E. Would the project create unacceptable Levels of Service (LOS) It interseaions adj&eellt to
or in the vicinity of the project lite'1
If so, identify: Localion
Cumulative L.O.S.
f. Is the proposed project a "Wie project" under the Congestion Management Propam'1 (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 thai the project will not create an unmitilalable advene impact, or thai
all related traffic impacts are not mitilaled to a level of non-signifICance.
Yes No
,-....
The foUowing questions apply if a Traffic Impact Analysis is not required.
G. Is uaffic mitigation required to reduce traffic impacts thai will result from implementation of
the proposed project'? Yes No
If yes. please describe.
...-?
H. Is the project co.n~istent with the criteria established in the City'l Transponalion Phasinl Plan,
General Plan Traffic Element, and all other pcninent IrIffic 1IUdies'1 'kase IIfmnc:c any
other traffic impact stUdies for roadway segments thIl may lie impided by Ibe proposed
project.
1
J.
Is a1rlff'1C ltudy required'1
Is there any dedicllion required'?
If so, please specify.
Yes
No
,-....
"7C:f~~02a.n __.lml,J))(Io(.IOJO.n)
-/t:J:2-
..,. 3
(q'I,5
.
YS-9tl
Cue No. ~ ~*:J'
K.
Is Ihm II'IY meet widenln. required?
If 10, please ~cify.
.
L. Are Ihere II'IY other IlJ'Ut improvements required? ..
If 10, please specify Ihe .enera1 awure of Ihe IlICeIIII)' improvements.
M. .ww Ihe project and reWed public improvements provide udsflClory Inff'IC Im'ice for
existin, conditions and future buildout GeneraJ Plan conditions? (pJwe provide . ~
explanation).
m.
~
..
A. Are Ihere II'IY ll'lticipated adverse potechnical conditions on Ihe project lite? I.nJ KJ.Jt)WIJ .
B. If yes, lpecify Ihm conditions. .J:J..A .
c. Is a Soils Report necessary? YG~ E!:.~f~"'-'Alr.. SOl IA 2~n MlJ~""ta=::' IJ~TI!!>
Irf.JtJ/~ AMet~ 7D Ifol4LJtte TJ(-E Mt54.&
J.IDUmn ~/A . ~~~ 'Tl> eo.. ~ ~~ IEXfST'/~,
~t!f;) SPA .
A. What is the average natural slope of the site?
B. What is the maximum n&rural slope of the site?
V.
&itt
. Are there lI'Iy traffic-related noise levels impactin.lhe site Ihat are siJnif'ICll'lt enouah to justify that
. noise lI'Ialysis be required of Ihe appUcll'lt? 1.J#J~w..' ,J,.,J ~~.., hlA~r ~ TI# ~.It
Ell.. ."'01$_ ,4t~V$IS WI'L ./!. f!!.B/lfJ/~r:> .
VL Waste Generation
How much soUd and liquid (sewer) waste wiD be p1e1'1led by the Jl.~j'OMd project pet day'!
SoUd 2 3"'.r.> ~mJ~ ....~ DlY Alia.. -ruE. IE.tl""A1~ ....~u_4r.... C'PA
lJquid~~.2H/:)4W' ItN6 ~A. 7:i4Y&~.~~ E'otJe )~v~ -r1IE ID(lcon~. A~~.
What is Ihe IocaIlon and size of aistin. sewer lines on or downstram from Ihe .?
'I];- Alt:.. 4S~t#rI uLlt! I....-,e, ~,.-A.......~ ,,&,arv..,.J lmJ.v 1~"'4; 1IbA,., ~ .4r 12" PIlL.- ~
~ ' .
L.I&Jf/f.. IAJ e"~lLe:' ..//lilIA/A'" ,.,-14 ~&A~ ."...,~ IU'..,..,.LL"" ~I~ ~~ &.chI ~ JII!"
. \,t! ~ equate to serv'l fpr Cdl~tzflO. ,Juse explain) 1I1"J. ~o!!: SE4AA-'~
d "\,,l ~ ...... &111_-". ~ 1"...rp,__fC. ~IfWPoUrr. -- 'n!) -nIlE 11"' Jr;t!.~ &.I\I'Mol -'\S(,J
ft" 'PL.tAIJ NJO ~ ~ /!bile.... SE~- ~N ~ Wf" ~ de1U"'~. ...
~r.;~.......,...'t>OC'STOFJ::>~::;''' (U 10lIJl,(l.rl.IClO.931 - / C/ 3 ..- Ie::;~ 131::. .,
.-_. - I'
CaseNo.~
VD. }'lational Pollutant Discharl!e Elimination SYStem CNl'DESl Stonnwater Reauirements
Will the applicant be required to file a Notice of Intent with the SWe Watu Resources Control BOlrd
for covel'lie under an NPDES StomlWller Permit' y~!;.
1"""\
. If )'tI. specify which NPDES pemUt(s) i!'d explain why an NPDES permit is required. AIJ IJ ~S-
."t:trpoArr Fn, ~Ll.IAI~~ ~,,,...,,~~ ~",,'A~ wrnl l!.""~~~
~e..-nIl""',I!;.C_ A ~I"'" Ie P'Jf!:'-;/f'Jlf~ a.::"----ull!!"' AVI/If/lL:1 t:=/fh#.. A.,.,.L}I:C....
WiLl ..,. ~/rQ-v..~~ ~ a.r=/"~JC'I#~ ~ ~'~"&.W-I'
p.b- l>F.A. I'" LJ,....." ".lJAAAAI':JAl "... JJ t}I::. DEvi:::.J ~~,.,... ~ ",. e= _
Will a Stann Wiler Pollution Prevention Plan (SWPPP) be required for the plvjlOJCd project,
~ Yes No
Additional comments I.J.t>JJ~ .
VD. .Remarks
Please identify and discuss any ~maining potential adverse impacts, mitigation meas\ll'el, or other
issues. ~E A-PPL-'l:..A"",r ~ Rz.t,~1!l:' ASs.-~""..ra~ "~/~"-,;,,u.".l~ ~
n,A. 1"/J4I ,a JAAt>JU;J/~Mf'~_
.~
...~
ri.h 19,-IL
Daze
.-.
PaleS
1frX:F:~ClIITClUIN~1) ~. 11121") (aoI. 1020.1)1
-ltJrf--
~Pl- \~l.
.
I.
.
.
Case No. IS.Q4.1'l
FIRE DEPARTMENT
A. What is me distance to the IIClmt fire lWion? .6D4 whll is the Fire Dq...b..e.lt'. eatimatcd
aactiondme' ~o st. ~ ~h"\.,n. t"'r-nl"'-l.ion +iVV\/'J
-
:
.. Will the FAre Dep~ment . able 10 provide an ~DIIe level of lire pIlCeCtlOll for die
proposed facilit)' without an incrwe In eqlllprnent or palOIIIIe1? ~.p..s.
.
C. Remarks IJ r>A.-'f'
~. lbf)ilJ,,^--,
F' Marshal
O,/rJO/{{'f
Date
',f".
. .
. .
....e 6
~"""''''':S~~rl cu 1IllI.lI)(&'! 103:.'1/ -10 -5 ~
It:;... Is!"
;
CaseNo.~
PARKS AJ\'D RECREATION DEPARTMENT
:B.
E.
.~.
A. Is projec! 'UbjecllO Parks Ind Recrea%ion 'lbmhold requiremenu?_'(jr:S.
Jl Dot, please u~1ain.
c.
How 1I\IIl)' acres of parkland are DecesW)' 10 serve the proposed project?
~ ~ ~~~ .J ~~ k~c,c. ~1'T'P\9\..
Aze aistin. DeiJhbarbood Ind ClOftlmuMy pb .. the projeQ IidequIIe to laVe the
popu1alion iDc:rease lUuhin. from 1his project?
Neiahbomood ~
Community Parks tJ O.
J! Dot, are parkland dedicarions or other mitiauion proposed as pan of the project adequlte
to serve the populstion increase?
Nei.hbomoocl
Communit)' Parks
To meet Cit)' requirements. will applicant be required to:
Provide land? ",~S
Pa)' a fee? 'T'"-t.
Remarks :
~
D.
,,\~S'
,~.
f.
.~
. '
. .
. -
W.~l~
Parts and Ileauzion Director or Lp. J .enlldve
7,.,.1cr
Dare
.-.,
-/tJh .~
,.,. 7
'Il7C#.~c;g,r. U lel.lJI cw 102t.rJI
\q,.. \ :'1
.
Case No..JS.Q4.,q
trNDSCAPE PLAMo.1NG
A. Does the project affect IIllive pllnt communities? f'ltr
If '0, please identif)' whidl COftlmlIIl1tiu.
.
.
~-
WiD the project nqu1re Dative p!antilla? (pue dcacribe)~ ~
.
.J. Please identify an)' Irnponlnt or hiahl)' YiaibJe hnleldrr on ar IIdjlClllllO Ibe project.
~ . .
c.
Of the t01l1 are. to be developed, how much, and which areas are el~ to lie ftpllnted
and ftquire supplemenlll wllerin.7 (pJease describe).
E. Aft there In)' other landscape nquirements or mitiption for die FOject? _t'LO
....;
. .
.' .
.
~
~s:~rve
-"...a'...............':'-'~~OF..::":~:: ": l'5.c! ;::,.$: lU~ it::: 9:: _ /' () ? _
h.' .
I~-/I()
JIlOU'l'ING FORM
DATE: January 18, 1994
~
"
. ,
. "
/.~~;. ~
~~
SUBJECT :
..
~en z.ar.on, "ullcUng , 1I0udng"
John Z,1pp!tt, Eng1neer1ng (EIR only)
CHtt Svan.on, Eng1neer1ng (EIR only)
lIal Ro.enberg, Eng1neer1ng (EIR only)
Roger Daou.t, Eng1neer1ng (IS/', EIR/2)
R1char~ Ru~olt, Ant C.1ty Attorney (Dratt .eg Dee' EIR)
C.rol Gove, '.1re Dep.rtment. .
H.rty Schm1~t, Parks , Recr..t10n
Cr1me pr.venUon, Po11c. Department (H.J. D.1o.~a~o)
CUrr.nt PJ.nn1ng
Du.ne Ba%%el, Adv.nce PJ.nn1ng
Bob Sennett, C.1ty Landscape Arch1t.ct
Bob z'e.1ter, PJ.nn1ng D.1rector
Chul. V.1sta EJement.ry School D.1.tr1ct, Kat. Shur.on
Sweetw.ter Vn.1on H.S. D.1.tr.1ct, Tom S.1Jv. (IS' EIR)
Maureen Roeber, L.1br.ry (F.1nal EIR)
LAFCO (IS/Dr.It EIR - It .nnex.t.1on .1. 1nvoJved)
Other
Dou~ Reid
Env1ronment.l Sect10n
..-..
App11c.t.1on tor In.1t.1aJ Study {IS- 94-1WFA-~/DQ
Checkpr.1nt Dratt EIR (20 ~ays) {EIR-_/'B-_/DQ
Rev1ew 01 a DraIt EIR {EIR-____/FB- IDP.
Rev.1.w 01 Env1ronment.J Rev.1.w Recor~ {FC- ERR-
Review 01 DraIt Neg Dee (IS- /FA- /DQ-
OM J
J
J
J
)
....$
The Project cond.ts ot: An amendment to the EastLake Greens General
Development Plan and Sectional Area Plan which would result in:
1. The transfer of units within the existing boundaries of East
Lake Greens to refine densities with no net increase in the
existing proposal denstty and
2. The addition of 22.7 acres to EastLake Greens development with
an additional 97 dwelling units.
PJ.... r.v.1.'" the document an~ ~"''PV.:r'd to .. any cOJIIIII.nt. you have
by 02-01-94 .- -- .
?':'
;;t c..~~/;- c2 -rj,{~),~ -
~. 4.t)<-
COllllllent.:
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-
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.
APPENDIX I
ENVIRONMENTAL CHECKLIST FORM
(To Be Completed By Lead A,ency)
Case No.JS.94-19
Backcround
1. Name of Proponent: ~tlak,peve1ODment Co.
2. Address IIld Phone Number of Proponent: 900 Lane Ave.. Suite 100.
Chula Vista. CA 91913
3. Date of OIealist: Februarv 24. 1994
.t. Name of Proposal: ~ast1a1ce Greens OPPlSPA Amendment
5. Initial Study Number: JS.94-19
Environmental Impacts
1. Earth. Will the proposal result in: mliAYBE ~
a. Unstable earth conditions or changes in
geologic substructures? C C .
. b. Disruptions. displacements. compaction or
overcovering of the soil? C . C
c. Change in topography or groWld surface
relief features? C . C
d. The destruction, covering or modification
of any unique geologic or physical features? C C .
'.
e. Any increase in wind or water erosion of ..../.<'
soils, either on or off the site? C . C
f. OIanges 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
lilY bay. inlet or Jake? C C .
I. Exposure of people or propeny to Fololic
hazards such .. eanhquakes. landslides. mud
slides. groWld failure. or similar hazards? C C . '.
.
Wl'CF:~Cl\Im.,. Pile 7
-ILJ9-
(~...)ILJ-
Comments:
The project is proposed for III mbanizina area of eastan Clula Vista. There have 110 findina
of significant problems ill the areas of polol>' 10ils or erosion. Generalized IIId more
specific substllltiation of the leOteduUcaJllId soil suitability of the projca siIe is ill the City _
of Chula Vista General Plan FEIR. (1989), EastLake FEIR. (1982), EastLlke SPA I FEIR. . ~
(1985), Eastlake cmens SPA" EastLake Trails Prezone" Annexation fSEIR (1989), IlId
Olay Ranch FPEIR (1993), IlId other more specific poloJicalIlld lOils ~ 011 fik with
the City of Clula Vista Public WOIb Department, EnJineCrin. Division.
There will be aOttle modification of cxistin. topopaphy, however, this is conaidmd very
minor IIld lIot sisnificant Jiven the 1Ic1c of illY si&nificant topoJtlPbic feamres.
2.
Air. Will the proposal result ill:
m ,MAYBE 1m
L
Substantial air emissions or deterioration
of ambient air quality?
The creation of objectionable odors?
c
c
c
c
.
.
b.
c.
Alteration of air movement, moisture, or
temperature, or any change ill climate,
either locally or regionally?
c
c
.
.
Comments:
The San Diego air basin is a non-attainment air basin. The proposed project would
result ill an iIIcrease of 79 units within the Eastlake Greens SPA. The emissions from
the traffic and enerl>' generation associated with this project is not significant when
considering the overall generation of emissions. On a cumulative basis, the emissions
from this project are so minimaJ they are not cumulatively significanL
-...
3. Water. Will the Proposal result ill: m MAYBE 1m
a. Changes ill currents, or the course or
direction of water movements, in either .j
. ,
marine or fresh waters? C C .
b. Clanges ill abscnption rates, drainaae
patterns, or the rate and amount of
surface lIIIIoff7 C . C
c. Alterations to the course or flow or
flood waters? C C .
d. OIange in the amount of surface water
ill any water body? C C .
."-'
tr1'CF,__CN_
P.,. .
-//0 -
~q"l'4~
.
e.
Discharge into mace wateD, or any
alteration of surface water quality.
including but not limited to temperature.
dissolved oxygen or aubidity'1
Alteration of the cliRction or rate of
flow of pound WaterS?
Change in the quantity of pound waters,
either through direct Idditions or
withdrawals. or throup interception of
an aquifer by cuts or excavations'1
.
c
c
.
f.
c
c
.
g.
c
c
b.
Substantial reduction in the Imount of
watet otherwise Ivailable for public
water supplies'
.
c
c
L
Exposure of people or propeny to water
related hazards such as flooding or
tidal wives'
.
c
c
Comments:
The project site" and vicinity do not involve any affected marine or blh water areas. flood
waters, water bodies. or known JI'Ound water. ' There will be I minor change in absorption
rate which will result in minor.less.than.significant change in runoff (see letter from Dennis
C. Bowling dated 2n194).
e
4. Plant Life. Will the proposal result in: m )lAYBE J:iQ
L Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, ps. crops. and aquatic
plants )'1 C ,.1;1 .
b. Reduction of the numbers of any unique.
lire or endangered species of plants'1 C C .
c. intrOduction of new species of plants into
into an area, or in . barrier to the normal
replenishment of existing species'1 C C .
IS. Reduction in acreage of any qricu1tura1
crop'1 C C .
e
Comments:
The project site has been used for apicu1tura1 purposes for decades and portions are now
ped and ,orne areas have been developed (transfer area). This general area is used as
Ilaptor territoI)'. however, with only .22.7 acre increase in SPA size. this is not siJnificanL
,.,ell
Wl'C~lN"""
~III -
jti-I(jlf
5.
ADimal Life. Will the proposal resuh in:
m )!AYB~ .l!Q
..
Change in the diversity of species. or
numben of any species of animals (birds.
land animals including reptiles. fish and
shellfish, benthic organisms or insects)?
.
-..
o
'0
b.
Reduction of the numben or any unique.
I'In or endangered species of animals?
Introduction of new species or animals
into an area, or resuh in a bmier to
the mipon or movement or animals?
Deterioration to existing fish or wildlife
habitat?
.
o
o
.
Co
o
o
.
cL
o
o
Comments:
The project site has been used for agricultural pmposes for decades and ponions are now
paded and some areas have been developed (transfer area). This pneral area is used IS
Raptor territoI)', however. with only a 22.7 acre increase in SPA size. this is not significant.
6.
Noise. Will the proposal result in:
m )lAYBE m
o 0 .
-.
.. Increases in existing noise levels?
b.
Exposure of people to severe noise
levels?
.
c
o
Comments:
Traffic volumes on roadways in and adjacent to the projea site could increase ambient
noise to an unacceptable level. At the time of consideration or a Tentative
Subdivision Map or Design Review.lUpplementalacoustical reports will be prepared
for projects adjacent to Clula Vista General Plan Circulation Element Roadways. At
that time the precise elevation of roadways and residential development pads. With
this information it will be feasible to make III accurate forecast or noise levels IIId
the appropriate mitiption measures necesslJ)' to m:luce noise levels IIId the
appropriate mitigation measures necessary to reduce noise levels to III acceptable 65
exterior dBA (CNEL). These acoustical repons must be based on the latest buildout
1raffic: forecast and mUlt validate the achievement or the 65 aterior dBA (CNEL)
. 1talIdard.
.-..,
P". 10
WI'C_0II7JU4
-!/~ -
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7.
Llpt and Glare. Will me proposal produce
DeW lisht or Slare?
m MAYBE 1m
o c .
.
Conunents:
'Ibis is prinwily a raidentia1 project that will nOl produce any aJinificant new light or JlIre.
If there ate any unique sources proposed or established, mey will be reJWated tbrouJh me
performance IWIdards in 1he Municipal Code.
I.
Land Use. Will me prop05a1 rault in a
substantial alter8!ion of 1he paent or
planned land use of an &Tel?
.m. )lAYBE m
D D .
Comments:
The proposed project is in a planned community which is internally CCIISistcnt that
assures land use compatibility. The project expansion mas Ire within lop
boundaries (the SDG&E transmission lines and East Orange Avenue). The overaD
external compatibility has been assured through coordination with the adjacent Otay
Ranch, Clay Water District facilities and SR 125 alignment
9.
Natural Resources. Will the proposal result in:
m }.{AYBt m
L
Increase in me rate of use of any natural
raou:ces?
D
D
.
.
Conunents:
There ate no other natural resources such as sand and gravel on site which would be
impacted by the proposed project.
10. Risk or Upset Will the proposal involve:
m &Ie 1m
a.
A risk of an explosion or me release of
hazardous subslances (including. but nOl
limited to oil. pesticides, chemicals or
radiation) in the event of an accident or
upset conditions?
...4
D
D
.
b.
Possible interference with an emersel.cy
raponse plan or an emergency evacuation
plan?
D
D
.
Comments:
Given me raidentia1 character of me project mere will be DO involvement of hazardous.
materials above mat typical of a raidentia1 land use. The project will provide adequate
circulation in the case of the need for an ev....'.tlon or response plan.
.
Wl'CUI__ClII7H.96
'lIell
-113-
/q..,J41.e.
11. Population. Will the proposal alter the location
distribution, density, or JrDwth rate of the human
population Dr an area']
.m MAYB~ 1m
o 0 .
,''''''''
Comments:
The distribution. density and JI'Owth of housinland popu1ation in this project lie consistent
wi%h planninl for this area.
12. Housln,. Will the proposal affect Wstinl
housinl, or crute . demand for Idditional
housinl? .
.m ,M.6.YBE 1m
o ,0 .
Comments:
The distribution, density and JrDwth of housin,and population in this project lie c:onsistent
with planning for this Ilea. The project will sitisfy rather than crute housinl demands in
this area.
13. Transportation/Circulation. Will the proposal result in: m ,MAYBE 1m
.. 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 pattems 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 .
,. A "larae project" under the Con,estion
ManlBement Program? (An equivalent of
2400 or more .venae daily vehicle trips
or 200 or more peak-hour vdlic1e trips). 0 0 .
Comments:
The project will not result in any significant impact to trIIlSportationlcirculation/traffic (see
memo from Harold Rosenberl. Traffic EnJineer, dated 2121/94. and Jeuer from Andy
Schlaefli. Vice President, Urban Systems Associates, dated 2/18/94).
.~
WI'C F:~D117J6." Paa' 12
- II~-
l tt .. 14,\
--r
14. PubUc Services. Will the proposal have an effect upon ar reswt in . need far DeW ar altered
. lovemmental services in any of the followinl areas:
m 14AYB~ liQ
.. Fire protection? See page 6 of Appendix m of ~ C C .
Initial Study (City Data Sheet.Fire DepL) and
16 Thresholds .. FireIEMS below.
b. Police protection? See comments in OIuIa Vista Police
Dept. Crime Prevention Unit, Plan Review ncommendldon
dI1ed 2/4/94 and 161luesholds b. C C .
c. Schools? EastLlke Development Co. has made the Eastlake
projects panicipate in Community Facilities Districts
in the Sweetwater Union Hilh School District, and the
Chula Vista Elementary School District 10 provide idequate
school services in the area. C C .
d. Parks or other recreational facilities?
The project will be required to provide adequate
community and neighbomood parks to aerve the
population of the project. See Initial Study.
Appendix m. Parks &. Recreation Dept., page 7.
Also see 19 Recreation below. C C .
. e. Libraries1 The City of Chula Vista currently operates
a library at the campus of the Eastlalce High School
during the hoUTS the school Ubrary is not in operation.
On a longer term basis. there is . Jequirement for , library
site at Eastlake Village and a development impact fee to
finance the facility. C C .
f. Maintenance of public facilities. includinB
roads' There will be no substantial or unique impact on ,./
the maintenance of.l!lX public facility as I result of the
minimal increase in usage due to this project. C C .
I. Other lovemmental services? Other aovemmental .,encles
were notified and contacted durin, the Initial Study,
no other potential impacts were identified. C C .
15. EDel'lY. Will the proposal result 'in: m JdAYBE liQ
L Use of substantial amount of fuel or
enerJ)'? C C .
.
WI'C~(l\I_ ~ II J--- Pip 13
;qiiR
b.
Substantial inaase in demand upon
existing sources or energy, or require
the development of new sources of
energy']
r~^
c
c
.
Conunents:
The project would result in a minor increase in enelJ)' requirements t)'pical. of a
primarily residential project. 'Ibis will not resuh in alUbstImiaJ use of fllel or enCzJy
nor new SOll%Ce$ of eneIiY.
16. Tbresbolds. Will the proposal adversely impact
the City's Threshold Standards'
mmIU m
c c .
Conunents:
As described below, the proposed project does not adversely impact any of the leven
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 ChuIa Vista has indicated that this threshold standard
will be met, since the nearest fire station is one mile away and would be associated
with a 3 minute response time. The proposed project will comply with this Threshold
Standard.
..-.,
See Appendix m to the Initial Study, page '6.
B. Police
The Threshold Standards require that police units must respond to 84% of Priority 1
calls within 7 minutes or less and maintain an average response time to all Priority
I calls of 4.5 minutes orless. Police units must respond to 62.1~ of Priority 2 calls
within 7 minutes or less and maintain an average response time to all ~ority 2 calls
of 7 minutes or less. The proposed project will cOmply with this ThreShold Standard.
See comments in ChuIa Vista Police Dep&lb..~lIt Crime Pmvention Unit. Plan Review
Recommendation dated 2/4/94.
C. Traffic
The Threshold Standards require that all intersecdons must opende . a Level of
Service (LOS) .C" or better, with the exception that Level of Service (LOS) "I)" allY
occur during the peak two houn of the day. siJllalized intersections. llltersecdons
west of 1.805 are DOl to operate . a LOS below their 1987 LOS, No iDtmecdon
may reach LOS "E" or 7' during the average weekday peak hour. Jntemetions of
arterials with freeway ramps are exempted from this Standard. The pl6posed project
will comply with this Threshold Standard. ..-.,
PI&" 14
WI'C"~CN"','"
- //6 ~
~q.. \l\.~ -
.
.
.
The project will not rault in InY siJllificant impact to tnnsportIIion/c:irculalionIl1
(see memo from Harold Rosenberg. Traffic Enpeer. dated 2121194. Ind later from
Andy Schlaefli, Vice Praident, Urban SystemS AswllltPs. dated 2118194).
D. pmJRem.arlon
The Threshold Standard for Parks Ind ~ Is 3 1t:teS/1JXtj populIdon. The
proposed project will comply with this 1hrahold Standard.
The project will be required to provide ldeqUlte community
and neilhborhood parks to lerve the populalion of the project.
E. Drainage
The Threshold Standards require that storm wilei' flows Ind volumes nOl aceed City
Enpeering Standards. Individual projects will provide necessary improwments
consistent with the Drainase Master Planes) Ind City Engineering Stlndards. The
proposed project will comply with this 1hrahold Standard.
See lerter from Dennis C. Bowling. Director Wilei' Resources Division,m Rick
Enpeering. dated 2f1/94.; memo from Roger Daoust, Sr. Civil Engineer. dated
2123/94.
F.
Sewer
The 1lII'eshold Standards require that sewage flows md volumes DOl exceed City
Enpeering Standards. Individual projects will provide necessary improwmentl
consistent with Sewer Master Planes) and City Engineering Standards. The proposed
project will comply with this 1lII'eshold Standard.
See letter from Bruce Sloan. Sr. Project Manager. Eastlake Development Co.. dated
219/94; memo from Roger Daoust. Sr. Civil Engineer, dated 2123194.
G. Water
..~-'
The Threshold Standards require thatldequate storage. ueaunent. and trWmission
facilities are constrUcted concurrently with planned powth and that WIler quality
ItIIldards are not jeopardized duringpowth and ClIlIIItruCdan. The ...OPONd project
will comply with this Threshold Standard.
Applicants may also be required to participate In whatever WIler conservmOll or fee
off.set program the City of OluIa Vista has In effect It the lime of Iiui1dini permit
issUlnCC.
17. Human Health. Will the proposal rault in:
m. l6A YBE liQ
..
Creation of my health hazard or potential
health hazard (excluding mental health?
c
c
.
....e 15
Wl'CF:__CNm~
-1/1 -
(9--/0
b.
Exposure of people to potential health
haz.ards'!
.
c
c
Comments: ,-..,
The project site nor the operation of the project would result in lilY IignifiClllt health hazard
or III exposure to such I hazard. Please refer to references in t I above.
18. Aesthetics. Will the proposal result in:
m. )t4YBE m
L
The obstnJction of lilY acenic vista or view
open to the public. or wiD the proposal
. result in the creation of III .esthetically
offensive site open to public view?
The destrUction, or modification of I scenic 1OUte?
.
.
c
c
c
c
b.
Comments:
The project will not obstruct lilY public view or vistas, create any demonstrable neiative
aesthetic effect or, It this level of review. impact I scenic route.
19. Recreation. Will the proposal result in an
impact upon the quality or quantity of existing
recreational opportunities'!
m MAYBE m
c
c
.
.-..
Comments:
The project will be required to meet the recreational needs of its residents in accontance with
City park standards which include recreational flcility standards.
20. Cultural Resources.
m MAYBE m
I.
Will the proposal result in the alteration
of or the destrUction or I prehistoric or
historic archaeological site?
.
,.1'",
c
c
b.
Will the proposal result in advase
physical or aesthetic effects to I
prehistoric or historic buildini. 1tIUCtUre.
or object?
Does the proposal hive the potential to
cause I physical chanse which would
affect unique ethnic cultural values?
Will the proposal restrict existini
religious or sacred uses within the
potential impact area?
, ..-.,
c
c
.
c.
c
c
.
d.
c
c
.
~IIJ'-
Pile 16
WPC~CN"'.'"
'"
(tt-/5"1
e.
.
Is the area identified on the City'l
General Plan EIR IS an area of hish
potential for archeological resOUl'CCS'!
c
c
.
Comments:
See Section 5.2.3 (pg. 5-3) of EIR,86-4 (Sch: 86052803).
21. Palcontoloclca1 Resources. Will the proposal result iD the
alteration of or the destt\lCtion of paleontoloJical
res~~ .
m. J6AYBE liQ
c
c
.
Comments:
See Section 4.7 (pg. 4-75) of EIR-86-4 (Scb: 860522803).
22. Mandatory Findinp or Significance.
m Hmi l!2
.
L
Does the project hive the potential to degrade the
quality of the environment. substantia1ly reduce
the habit81 of I fish or wildlife species. cause
a fish or wildlife population to drop below self
lustai!Ung levels. threaten to eliminate a plant
or animal community. reduce the number or
restrict the range of a rare or endangered plant
animal or e1imin8le imponant examples or the
major periods of California history or prehistory'!
c
c
.
Comments:
As has been noted above in this checklist. the lite is void -of any biological resources and
therefore. would have no significant impact on any of these re~s. CUltural res~s
(prehistoric and historic) have been previously mitig8led and no funher action is necessary.
b.
Does the project hive 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 oa:un in
a relatively brief. definitive period of time.
while long-term impacts will endure weD into the
future.)
c
c
.
." ,.
Comments:
The proposed project conform to the ChuIa Vista General Plan IIId therefore. the project
complies with the long term goals of the City of ChuIa Vista for the lite.
e
p.,e 17
WI'C~CNm.M
-II f-
/q../Q
c.
Does the project have impacts which are
individually limited. but c:umu1atively
considerable? (A project may impact two or
more separate resources where the impact on
each resource is relalively lmall. but where the
effect of the total of those impacts on the
environment is lignificant.)
.~
c
c.
.
Comments:
The project impacts are 10 limited to preclude lilY lignificant cumulative impact. In the cue
of air quality impacts. the increase of 97 units. or a maximum of 970 ADT. complll'ed to the
uisting. and approved units and ADT. the impact is minimal and leas than lipdficant. Also.
the site is void of any lignificant biolop or c:u1Nral resoun:es and pa1eontolop resll\ln:eS
will be fully mitigated.
d.
Does the project have environmental effects
which will cause lubstantial adverse effects on
human beings. either directly or indirectly?
c
c
.
Comments:
At the time of consideration of a Tenwive Subdivision Map or Design Review. supplemental
acoustical reports will be prepared for projects adjacent to Olula Vista General Plan
Circulation Element Roadways. At that time the precise elevation of roadways IIId residential
development pads. With this information it will be feasible to make an ac:curate forceut of
noise levels and the appropriate mitigation meuures necessary to reduce noise levels and the
appropriate mitigalion measures necessary to reduce noise levels to an acceptable 65 exterior .~
dBA (CNEL). These acoustical reports must be baed on the latest bulldout traffic forecut
and must validate the achievement of the 65 exterior dBA (CNEL) standard.
../
..........
Wl'CF:_OIIm.,.
'1It II
-/~ -
\'1."1'53
T
MitiaatioD Measures
. (To be almp1eted by the Applicant)
tIS owner/owner in escrow.
&veE.. N. S<.o~N
SR. "1'1<,,':1 //kit EI!!:rl,,(id ':Dlt/GJ,
Print name
or
1, consultant or lIent.
~a:"".............. """""....... -..,....
. z I~~ tfrlf
Signarure Dale
Determination
(To be completed by the ~ Agency. Check one box only.)
. On the basis of this initial evalUalion:
C I find thal the proposed project COULD NOT have a sisnificant effect on the
environment. and a NEGATIVE DECLARATION will be prepered.
. I find thal although the proposed project aluld have a significant effect on the
environment. theJe will not be a significant effect in this clSe bt{'llIse the mitigation
measures described on an anached sheet have been added to the project. A
MITIGATED NEGATIVE DECLARATION will be prepered. . /
. /
C I find the proposed project MAY have a si&nificant effect on the environment. and an
ENVIRONMENTAL IMPACT REPORT is nquired.
A/~cl'1V
...,-, ~W.;..t I-(~ VJ ~,,:-, L
Environmental Review COOtdiilalor' . Dale
"If actin, for . corporation. include capacity and complllY DIme.
'.
.
'lie 19
WC,~OII'/J6."
- (:/-/ -
(~... /Slj
'.
APPENDIX D
DE MINIMIS FEE DETERMINA nON
(OIapter 1706. SWUte5 of 1990. AB 315S)
. 11 is hereby found thl! this project involvea 110 potential for lilY Idvcne effect, either
individually or cumulalively 01\ wildlife .ources IIId that . "Cenificate of fee
Exemption". man be prepared for this project. .
Cue No. ~,c:;.. 9 "I- 1,\
.~
11 is hereby found thl! this project could poteIltiaDy Impact wildlife, iIldividually or
cumulllively IIId therefore fee in IIXordance with Section 71U (d) of the fish IIld
Game Code shall be paid to the County Clerk. ~_..s.-e ~d
~~'~~."-\ ~~~~. '" \ Q. 1\'_ ~c.o."o: G'\~
G~~",..' .1S~ :)~t~~, Cl ,Cor- .
~ !'':/(1'e,j)~I)
Environmental Revi w Coordmllor
~~'i/'7 ..,
DIle
~
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WI'C~CN"'."
- I ;;;';;L -
P...20
V1' 15$
D. ~ land lUe deslJllad on she:
NOM
South
East ~_ h".t~ ~I.-A~ .....a.A...7:...J rJ-4. 'DcJ/~~
West -!.- ~ II ., It
~~p.~. " , ~~
Is the project compatible with the General Plan Land Use Dia~' ~ ~ -
Is the project area desil"lled for conservation or open space !! adiaeen~ to 1Il.1 10 deslJlllled7
~
.
.
APPENDIX UI
CITY DATA SHEET
PLANNING DEPARTMtNT
(eJ-.-J.k - u~.-;)
.,
1
~nl 7.on101 on.lle: 1> (!.
Nanh .
South I.
East .
West i
Does the project COnform to the =rent zorUn.,
.,
II
,.
Case No. 1& .q" .Ict
. Jehool
: ,
EIe-lII'1 "...c..l *" ~
JlmIar HiJh ~ aI...;~
IIIIIcr HiJh ~ u L-
Iemcb: '~:~~ ~ *__11
A.'~ i. - . ~ .
, :
.
m. ~chnols
If the proposed project is residential. please complete the foUowin.:
pb.~lty
JnrDl1fM'n1
VDII1
1--ed
117
.,
'17
-
-
IV.
.
.J
.. ./
0IDerallq
JlI!ttl'l
StlIdeDlS
0eDera1ed
from Proleet
.JO
.2t
. .10
2,"
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.0
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DiRctClt' of !annina or ~'preSCl)tatiYe
D:lp-'2-/'tf
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i
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.
.
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.
ATTACHMENT 7
DISCLOSURE STATEMENT
-/.;LJ....... --
ICt~ / ~7
'IHE (.. _ / OF aruu. VISTA Dlsa.05URE! S"l...'2MENT
You are required 10 nIe a Slalemenl of Disclosure of mrlain ownership or Onanclal Inu:r.II, paymenll, or campa1ln
CICInulllullnns, on all mailers which will require discrellonlry aclion on Ihe pari of Ihe City Council, Plannln, ColI\IIIIsslon, and
~her official bodi.. The followin,lnformllion musI be disclOlCcl:
.. Usllhe urnes of all persons havlnl a ftnanclalInlereslIn Ihe property which Is Ihe lubjCCl of tile application Dr tile
CIOntrlCl, e.,., owner. applicanl, CIOnlraClor.lubconuaClor, mllerlallupplier.
BastLake DeveloDmen~ Comnaftv
. . 2. If any penon' ldenUfied pursuanllo (I) above Is a oorporllion Dr pannershlp,lIIt tile I18mes of alllDdlvlduala OWlIin,
more tllan 10% of IlIe Ihares In tile oorporaUon Dr ownlna any pannersllip Inleresl In tile pannCllhip.
Boswell Properties Ineoroorate4
TIllago Company
3. If any perion' IdenUned pursuanl 10 (I) above Is non.profil oraanlzallon or a trust, 1111 tile nam. of any person
seMnalS direclor of Ihe non-pron. oraanlzalion Dr IS truslee or benellciary or trustor of tile tnasL
'RIA
.
~. Have you lIad more than S2S0 worlh of business transacled wilh any member of Ihe Cll)' ltaff, Boarda, OlmmlsaloDS.
Commillccs, and Council within Ihe pasl Iwelve monllls? Yes_ No~ If yCI. please Indicate penon(s):
5. Please Idenlil'y each ind every perlon, Includina any aaenll, employees, ooDSulllnll. or Independent CIOntrlClors wilD
)lOu lIave assl,ned 10 represenl you before the Cily In Ihis mailer.
Gary Cinti - Cinti Land Planning
Roger Bhatia - Riek Bnqineering CO.
Bill Ostrem- BastLake Develoument
Gail Croeenzi - BastLake Dev.
CO.
6. Have you and/Or your officers or ale nil, In the allreaale, CIOntrlbuted more tllan 11,000 to a Councllmember ID tile
Cllfrenl or precedlna elCClion period? Yes_ No..!.. If yCI, ltale wllich Collndlmember(s):
· · · (NO'IE: AUIc:l addltJoa.aJ .... . .... "'1) · · ·
Date: S 'Z,Z .c,C :ai~~~:t
. Gail Crocenzi, Assist. Proiect Mqr.
Print Dr l)'pe IIIme of OOnlrlctorlappUcallt
, tl!:mit""". "All)' /Mi.u...J.ftmo, .,..-;,.joiN - -...... _1M cW."",,~,p. I..~..... """~.- ~....~.,..",.....
,... .111.." .... ..uy, c/Iy M4 ~. c/Iy -cipoUoo. ....." .. .... fII'Ii1it.J ....,;...... .. .." tII/tII ,.., .. __..r~ .... ....
-;,71-
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...... I
~ /9
SWEETWATER UNION HIGH SCHOOL DISTRICT
ADMINISTRATION CENTER
1130 FIFTH AVENUE
CHULA VISTA. CALIFORNIA 91911
(619) 691-5553
Division of Planning and Facilities
OCT 10 1995
D' ""\
I L~d J/\; . ]"
~" '<
October 5, 1995
Mr. Robert Leiter
Planning Director
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Leiter:
Re IS-96-OSjPCM-96-oz: Proposed SPA Amendment
EastLake Greens SPA Plan
The Sweetwater Union High School District is in receipt of the proposed amendment to the
EastLake Greens SPA Plan. Anticipated impacts to high school and middle schools have
been mitigated by EastLake's participation in Community Facilities District No.1. No
further mitigation is required.
There is an outstanding traffic issue which should be addressed. At EastLake Parkway and
Clubhouse Drive, the district has anticipated the installation of a traffic signal. However,
the city's traffic division has Informed me that the location does not meet the demand
threshold necessary to justify the expenditure. Although this proposed SPA amendment
reduces theoriginal scope of the Greens project. the number of dwellings accessing
EastLake Parkway increases significantly, and the need for a signal Intensifies. I am
requesting that the city reconsider its position and install the signal. or at the very least.
budget for its installation during the next fiscal year.
If you have any questions or comments regarding this correspondence, please feel free to
call me at 691-5553.
SincereY
~%#YY
'~as Silva
Director of Planning
TSlsf
c: Cliff Swanson. Engineering Department. City of Chula Vista
George Krempl. Deputy City Manager. City of Chula Vista
Bill Ostrem, EastLake Development Company
Stan Canari$, Acting Principal. Eastlake High School
~
)1-
COUNCIL AGENDA STATEMENT
Page 1, Item ...v 1"9
Meeting Date 11/17/95
ITEM TITLE: Public Hearing: 1) To consider Conditional Use Permit PCC-95-47, to establish
a 20,000 seat outdoor amphitheater and an open air market located at the
southwest quadrant of Otay Valley Road and Otay Rio Road - Bitterlin-Brice
Development Partners for MCA Concerts, Inc. and Kobey's Chula Vista Market
Place, LLC; and 2) To consider the vacation of various streets in Otay Rio
Business Park
Resolution Certifying Final Environmental Impact Report EIR-
95-03, MCA Chula Vista Amphitheater
Resolution Approving 1) Tri-Party Agreement by and among
Los Alisos Company, MCA Concerts, Inc., and the City of Chula Vista, 2) A
Ground Lease by and between Los Alisos Company and MCA Concerts, Inc.,
and 3) A Sublease by and between the City of Chula Vista and MCA Concerts,
Inc.
Resolution Granting a Conditional Use Permit, PCC-95-47, to
Bitterlin-Brice Development Partners for MCA Concerts, Inc. to construct a
20,000 seat capacity amphitheater at the southwest quadrant of Otay Valley
Road and Otay Rio Road
Resolution Granting a Conditional Use Permit, PCC-95-47, to
Kobey's Chula Vista Marketplace, LLC, to operate an open air market at the
southwest quadrant of Otay Valley Road and Otay Rio Road
Resolution
Rio Business Park
Ordering the vacation of various streets in Otay
Director of Community
Director of Planning
Director of Public Works
REVIEWED BY: City Manage~ b;t./I
RECOMMENDA TI ON: Staff recommends tha~ Co;cil
November 7,1995.
IS.
opment C/.
SUBMITTED BY:
(4/5ths Vote: Yes_No_XJ
continue the item to the meeting of
M:ISHAREDICOMMDEVIMCACONT.113
,J(JA-j I~ft-IO
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J3;;.... d1.ZJ ,
SHEET #
WE, TIIE FOllOWING RESIDENTS OF CHllLA VISTA ADAMANTLY OPPOSE TIIE
PROPOSED MCA AMPHITHEATER ON OTAY VAlLEY ROAD, AND VEHEMENlL Y
DISPUTE MCA'S ENVIRONMENTAL IMPACT REPORT AS PRESENTED TO TIIE
CHULA VISTA PLANNING COMMISSION.
NAME
ADDRESS
SIGNATIJRE
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SHEET #
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WE, TIlE FOllOWING RESIDENTS OF CHULA VISTA ADAMANTLY OPPOSE TIlE
PROPOSED MCA AMPIDTHEATER ON OTAY VAllEY ROAD, AND VEHEMENTLY
DISPUTE MCA'S ENVIRONMENTAL IMPACT REPORT AS PRESENTED TO TIlE
CHULA VISTA PLANNlNG COMMISSION.
/1
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-
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SHEET #
808 LIf~KA-
ENVIRONMENTAL IMPACT REPORT
WE, THE FOllOWING RESIDENTS OF CHULA VISTA ADAMAN'IL Y OPPOSE THE
PROPOSED MCA AMPHITIiEATER ON OTA Y VAllEY ROAD, AND VEHEMENTLY
DISPUTE MCA'S ENVIRONMENTAL IMPACT REPORT AS PRESENTED TO THE
CHULA VISTA PLANNING COMMISSION.
NAME
ADDRESS
SI~ATURE e-jj.vd
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SHEET #
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----..-iir_~RT~
WE, TIlE FOllOWING RESIDENTS OF CHULA VISTA ADAMANTLY OPPOSE TIlE
PROPOSED MCA AMPHITIffiATER ON OTA Y VAllEY ROAD, AND VEHEMEN1L Y
DISPUTE MCA'S ENVIRONMENTAL IMPACT REPORT AS PRESENTED TO TIlE
CHULA VISTAPLANNINGCOMMlSSION.
NAME
ADDRESS
SIGNATURE
~
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SHEET #
WE, THE FOllOWING RESIDENTS OF CHULA VISTA ADAMANlL Y OPPOSE THE
PROPOSED MCA AMPHITIffiATER ON OTA Y VAllEY ROAD, AND \IEHEMEN1L Y
DISPUTE MCA'S ENVIRONMENTAL IMPACT REPORT AS PRESENTED TO THE
CHULA VISTA PLANNING COMMISSION.
NAME
ADDRESS
SIGNATIJRE
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77
SHEET #
7ioB LA >J{ A-
~~~~'~'-' 'i'~PORT____
WE, THE FOllOWING RESIDENTS OF CHULA VISTA ADAMANTLY OPPOSE THE
PROPOSED MCA AMPHITHEATER ON OTAY VAllEY ROAD, AND VEHEMEN1L Y
DISPUTE MCA'S ENVIRONMENTAL IMPACT REPORT AS PRESENTED TO TIIE
CHULA VISTA PLANNING COMMISSION.
,/
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SHEET #
ENVIRONMENTAL IMPACT REPORT
-.....0::.
WE, TIm FOLLOWING RESIDENTS OF CHULA VISTA ADAMANTI. Y OPPOSE TIm
PROPOSED MCAAMPHrrnEATER ON OTAY VALLEY ROAD, AND VEHEMEN1LY
DISPUTE MCA'S ENVIRONMENTAL IMPACT REPORT AS PRESENTED TO TIm
CHULA VISTA PLANNING COMMISSION.
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COUNCil Off ICES
CHUlA VISTA CA
San Diego Property
Management
Bitterlin Investment BitterlinCommercial
Partnerships Leasing
SeptembeJ" 25. 1995 " . / ....._2,
lJ-/~(X q ~rr/') .
Mrs Ashcraft /' "' (, '"
1505 Brandywine, #B \ fA /' cr
Chula Vista, CA 91911 ~f
,\ Dear Mrs. Ashcraft:
,l ,...
-tf:..,. \':5'.-~k..-. On behalf ofMCA, I would like to thank you for the opportunity to confirm to you
. ''';...j l'~ f) that, the sound from the proposed amphith~ater on <::>tay Valley Road will not be
~')" I ,j..._ audible at your house or any other homes In the entire area.
~ .... ---"...-
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__ , . " , , ~~. ~'-""As you may know, this was our third formal sound test within the past year and this
, Jt~: ,~~. f- one was done specifically for your benefit and understanding. It has always been
'r .\;,;- ':'! ~. ' MCA's position that they would not build an amphitheater in any location that
l'-<;-~.' .' ,L would create a concert noise impact on existing or future residences This was
, /~ ( Y"___ <. . ~evi~nced by the fact that during the sound test, Jay Marciano, President ofYiCA
1.~ It t. :- t c t Concerts. personally visited your home with a sound meter in his hand
~~
,. ~,., ~......L.. I understand your concern about the MCA project, however, concert noise will not
" r r. '", f" .~. r be heard by you or your neighbor and I aooreciated your cooperation in allo\\-ing us
_ '\' "" ~~r, to prove that. Please feel free to call me if have any question or comments at 232-
~,...t_e.~' V'~.-1~815.
7- ,.;"'.1 /; ~c ""J'<' ~~ Most Sincerely,
/' C'"" Z::
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Suite ln~1l
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UIJ OCT I 6 f9gi ~
COUNCil OFFICES
CHUlA VISTA CA
CITY OF ATLANTA
BILL CAMPBELL
MAYOR
55 TRINITY AVENUE, S.W
ATL.ANTA, GEORGIA 30335-0300
(4041330-6100
October 2, 1995
The Hono able Shirley Horton
Mayor of hula Vista
276 Fou Avenue
Chula Vis ,CA 91910
.
r Horton:
ayor of the City of Atlanta, I am pleased to write this letter on
e MCA Concerts Chula Vista project.
Sin e 1989, our citizens and visitors-alike have reaped the benefits of
having a enue quite similar to that proposed for your city, our own Coca-
Cola Lake ood Amphitheatre. This amphitheatre was developed with
considera Ie City support and participation. And, in the nearly seven years
since the rst concert was held, we can say with complete assurance that
the Coca- ola Lakewood Amphitheatre has proved to be an excellent
neighbor t the surrounding community, as a well as a significant
enterta' ent asset to our city.
I s ongly urge you to give your most serious and favorable
considera 'on to the MCA Concerts and the Chula Vista project now before
you.
BC/tg
~A ~/d-
QD'1
-
October 11, 995
Mayor Shirle
Council Memb
276 Fourth A
Chula Vista,
SNMB, L.P.
5575 Lake Park Way, #108-E
La Mesa, CA 91942
~ rn@rn~wrn 00
OCTI6mi
I
COUNCil OffiCES I
CHULA VISTA CA
Horton
rs: Scott Alvey, John Moot, Steve Padilla and
Jerry Rindon
enue
CA 91910
. ,
RE: MCA Appl'cation
Dear Mayor a d Council Members:
We app eciated the opportunity to comment at the October
3rd City Co ncil hearing. Its difficult to express all issues
in five min tes and therefore we thought it appropriate to write
to you.
1. The Amp itheater should be turned.
No whe e in any of the environmental documentation is there
a study 0 turning the Amphithea~er. At the hearing Mr.
Wrightson said he looked at it from all differant degrees.
However, as staff stated, there is only documentation that it
was looked at with the stage facing west. At the Planning
commission, Mr. wrightson stated his firm, which did the
planning, h s "...never seen the General Plan for the otay Ranch
and (has) n idea as to where the villages were planned. There
was no cons ious effort to avoid those in any way."
It is for this reason we are highly skeptical whether the
alternative of the stage facing east or southeast towards Brown
Field were truly explored. certainly there is no CEQA
documentati n, even though public comment letters requested
inclusion 0 south and east alternatives in the EIR. Fish and
Game, page 2. The response to comments (R-12) are conclusary
and clearl wrong as the lights face southwest and the video
towers nort east.
Six ears of hard effort that went into planning otay,
we believe that it I S prudent to stop and ask for a real effort
at minimiz ng the amphitheater noise, light and video screen
impact to the future residents of otay Ranch. It appears to
us that by facing the facility southeast towards Brown Field,
with the . nclusion of a sound wall to protect the Robinhood
project, t e noise, light, and visual impacts could be reduced.
We have attached graphics supporting this conclusion.
d/)A ;"' B
~IO
City 2
2. The EIR i
inadequate.
We woul
However, thi
fails to rea
of the proje
not normally to make environmental arguments.
EIR is written to be a project justification and
onably review the significant environmental effects
t and the reasonable project alternatives.
The pr ject is incorrectly described and therefore the
"real" proje t was never analyzed. The EIR states the st,age
an 85 foot structure, 60 feet above ground. There are no
references t its video screens. Page 6 of the 10/3/95 staff
Report has a 125 foot stage, 100 feet above ground. The project
now includes "video wall towers" of an unspecified height and
size. Thes towers face otay Ranch, otay Valley and the
sensitive b'rds nesting immediately adjacent to the property
line.
The 8 story stage is not analyzed in the EIR. The effects
of the "vid 0 wall towers" are not analyzed. The impacts of
the light, t e movement of the light, and the duration of impact
upon the Be l's Vireo and Gnatcatcher are not analyzed in the
EIR.
The n ise analysis regarding the Bell's Vireo is
inadequate. Every EIR addressing the issue has concluded that
noise above 60dba impacts the Least Bell's Vireo. The Dailey
quarry was 00 trips. The Amphitheater is 15,300 trips. The
EIR conclude there is no impact bec<;1use "the principle activity
time for Least Bell's Vireo (is) during the morning and daylight
hours when mating, foraging, vocalization, and nest building
acti vi ty oc ur. The proposed concert events... would occur in
the afternoo s and evenings." 3.5-9
This i the entire analysis. No study. There are also
remarks abo t the "high noise levels" at the site. 3.5-9.
However, th noise section of the EIR states existing noise
is "very 10" 3.3-6. The analysis is conclusory, rebutted by
virtually e ery EIR looking at the impact of noise to the Vireo
and inadequ tee Even the mitigation measures requested in the
"technical" biology report and the comment letters are dropped
and ignored except that MCA "volunteers" to collect information
from other p ojects in the vicinity.
Because there has been no physical study of the impact
of noise to the Vireo; including significant night noises, rock
or other fo ms of music, video wall tower light, and fireworks
or other con ert activities, the analysis should be redone.
The pr ject will require 500,000 cubic yards to be moved.
That is al t of dirt, noise and equipment requiring several
months of w rk. Any other project would include the requested
mitigation measures of "no grading during mating season".
c2(;;4 ;oil/-
:;(11
city 3
There's no ad quate explanation of why this project is exempt.
The EIR
proj ect to t
use, communit
fails to analyze the cumulating impacts of the
e otay Ranch. Such impacts include visual, land-
character, noise and traffic.
The alt rnative discussion is conclusory and inadequate.
Reasonable a ternatives such as rotating the stage to face east
or southeast re not considered.
The tra fic and air quality impacts are not adequately
studied sinc the ten mile average trip length is far too low
given the r gional nature of the project and its location.
A twenty or wenty-five mile trip length should have been used.
Ten miles b rely, if at all, gets to Mission valley. Unless
this facility is focused on a Mexican audience for a large
percentage 0 the concerts, ten miles is not accurate.
3. The Detr"ments Outweigh the Benefits.
The
dollar" corn
to operate
to do so."
the impact
impact fees
traffic impa
There shoul
Ci ty should
the detrimen
appear to be illusary. MCA, the "billion
any wants out of the impact fees and will agree
he facility "as long as it is financially practical
There's not even a guarantee the City will be paid
ees in their entirety. MCA should be paying more
because the noise, light, police, hospital, and
ts are in excess of a "normal" proj ect 's impacts.
be no subsidy by the "City. The benef i ts to the
be real and 5% is a reasonable number. If not,
s outweigh the benefits.
We appr ciate the opportunity to comment.
Sincerely,
Gregory T. S ith
for SNMB, L.P.
;;:;D IJ. ' / ~
~Ild-
00
OCT I 2 IQQI'i
00
~@~DW~
COUNCil OffiCES
CHUlA VISTA CA
CITY MAL.L...
L.OS ANGEI..ES. C"'l..l'OIltN A 9001 a
(213) 847-2469
OF'F'ICE OF' THE MAYOR
RICHARD J. RIORDAN
.....VOA
October 11, 1995
Mayor Shirley Ho on
Councilmember Jo Moot
Councilmember Sc tt Alevv
Councilmember St ve Padilla
Councilmember Je ry Rindone
Chula Vista City C uncil
276 4th Avenue
Chula Vista, CA 91910
VIA FAX (619) 476-5379
Dear Mayor Horto and Councilmembers:
I understand that y u are cUlTently reviewing two proposals, one by MCA Concerts and the other by the
Nederlander Com ies, to construct an amphitheatre in Chula Vista. As pan of your review of
amphitheatres, you visited the Greek Theatre on Saturday, September 23rd. The Greek Theatre is operated by
the Nederlancler C mpanies.
The program prese ted by tbe management of the Greek Theatre included greetings by a representative of this
office. The remar s made were intended to welcome your group to Los Angeles and touch on the benefits to
Los Angeles of ba inS the Greek Theatre as an entertainmcnt venue. Given the purpose of your visit, positive
statements regardi the Nederlandcr Companies' operation of the city owned facility could be mistaken as an
endorsement ofthi firm. However, I want to assure you that the comments were not in any way intended to
support the Nederl cler Companies' proposal over the MCA Concerts' proposal. Indeed, this office has no
position on this ma cr before you.
Please feel free to ntact me if 1 can be of assistance.
Sincerely,
~I
Robin Kramer
Chief of Staff
RK/cag
c9DA ' JIp
AN QUAL. EMPL.OYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPL.OYER
GIG 'd
18SL . N
l:iIHO SEOHl'l .W\1Ez:6
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S661 'zt 'PO '6<>',9.1:
COUNCIL AGENDA STATEMENT
Page 1, Item e2.tl[J
Meeting Date 10/17/95
ITEM TITLE:
Public Hearing: Zoning Text Amendment PCA-96-01; Request to add
wording to Section 19.68.020 T.l of the Municipal Code which would
clarify that noise associated with the normal operations of any land use
approved by a conditional use permit is considered "environmental" rather
than nuisance noise - Bitterlin Brice Development Partners, Agents for
MCA Concerts, Inc.
SUBMITTED BY:
Ordinance Amending ~19.68.020 T.l, Title 19 of the
Municipal Code to clarify that noise normally associated with a
conditionally permitted land use is to be considered the same as noise
normally associated with a permitted land use
=''''0'_ ~_
City Manage~ \t~\
(4/5ths Vote: Yes_No-.X)
REVIEWED BY:
RECOMMENDATION: That the Council open the public hearing and continue the public
hearing to November 7, 1995, immediately following the public hearing for Conditional Use
Permit PCC-95-47 et ai, in the City Council Chambers.
(m:\home\planning\manin\mca\9601b.l13)
;l.tJ!J - /
&3.'J
CITY COUNCIL AGENDA STATEMENT
Item ~ (!..;
Meeting Date 10/17/95
REVIEWED BY:
RESPONSES TO COUNCIL QUESTIONS REGARDING THE MCA
CHULA VISTA AMPHITHEATER PROJECT FROM COUNCIL
MEETING OF OCTOBER 3, 1995
Director of communitY~elopment G, S .
Director of Planning "
City Manage~~ ~ ~
o - (4/5ths Vote: Yes
NolLl
ITEM TITLE: REPORT:
SUBMITTED BY:
BACKGROUND: At the public hearing held by the City Council on October 3, 1995 regarding
the MCA Chula Vista Amphitheater, Council directed staff to provide clarifying information
on certain components of the project and answers to a number of specific questions raised
in the discussion of the project. (See Attachment "A" - Council Minutes from 1 0/3/95
meeting.) Those questions are outlined in this report with an explanation of the context under
which they were presented. Answers to those questions are provided herein.
RECOMMENDATION: That the Council accept the report
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The following are the questions/information requests followed immediately by
responses. The responses provided have been generated by staff with the exception of some
specific information that was more appropriately provided by the Applicant. The Applicant's
letter (Jon Demorest, October 10, 1995) responding to many of the same issues that staff
addresses below is not in all cases consistent with staff's responses, but is provided as
Attachment "B" for Council's information.
COUNCIL QUESTIONS
1. Question: Can a sound test similar to that conducted for the MCA project be conducted
for the proposed Bayfront amphitheater for comparison purposes? - and can monitoring be
conducted at the following locations:
a I Midbayfront Project area
bl Residential areas in the vicinity of "G" Street east of 1-5
cl The nearest mobile home park
dl The Marina
Staff has been coordinating with Port District staff on the timing and methodology of
their proposed sound test for the Bayfront amphitheater and has requested monitoring
at the specific locations identified above (see Attachment "C"). It is not known if the
Port can accommodate the City in its requests for the specific monitoring locations since
our understanding is that the scope of work for the testing does not provide for
additional monitoring points. At this time, the specific date of the test is unknown, but
it is expected to occur in the first week of November. A written report by the Port's
consultant would follow; however, it likely that the report would not be available to the
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City prior to the Council's November 7 meeting. It is not known if the Port would be
willing to release the raw data prior to publication of a report. Staff will provide Council
with a verbal update of the Port's sound test status.
City staff and consultants are prepared to conduct independent monitoring at those
specific locations requested by the Council. Data from City monitoring would be
available on November 7 if the test were conducted on November 3.
2. Question: Who will bear the additional costs associated with Police protection and
cleanup after concerts?
Conditions of approval for the Conditional Use Permit require the Applicant to provide
for all security needs related to facility operations at their cost, to the satisfaction of the
Chief of Police. As a response to this comment, cleanup after concerts has also been
added to the condition. (Also see attached response from MCA's attorney, Jon
Demorest, October 10, 1995, page A 16.)
3. Question: Is the reproduced sound used in the sound test the same as live music? If
not, would this affect the conclusions or validity of the sound study?
The latest sound test used one song that incorporates the typical element of a rock
concert, i.e., electric guitars, keyboards and extensive drums with very difficult to
understand lyrics. Because atmospheric propagation (transmission, absorption,
refraction) is dependent on the frequency of sound, there may be small variations in live
performances for identical source strengths and propagation conditions due to frequency
effects. These differences, however, would more affect the character of the perceived
sound rather than the decibel level. Therefore, noise levels are not affected by the
difference between live music and recorded music and, the noise decibel contour maps
prepared using data from these tests are still valid. (Also see attached response from
MCA's attorney, Jon Demorest, October 10, 1995, page A 16.)
4. Question: What authority does the City have to control traffic on Brandywine Avenue?
Brandywine Avenue is designated in the Circulation Element of the General Plan as a
Class 1 Collector Street, and as such is designed to accommodate 22,000 vehicles per
day. Under Opening Day and Interim Year 2010 Conditions, less than 4% of project
related traffic was assumed to utilize Brandywine Avenue which results in 240
southbound vehicles before and 240 northbound vehicles after an event. The remaining
traffic volume of 3.405 vehicles on Brandywine Avenue under Opening Day 1996
Conditions will generally consist of local area residents and non-event related through
traffic on Otay Valley Road. The City will utilize the established Threshold standards in
assessing traffic impacts through the Event Monitoring Program and, if deemed
necessary will utilize traffic management techniques to be developed as a part of the
forthcoming Event Monitoring Program to correct any deficiencies. These include
redirecting traffic through signage as well as manual control of intersection operations
at Brandywine/Otay Valley Road, Brandywine/Orange and Orange/I-805. (Also see
attached response from MCA's attorney, Jon Demorest, October 10, 1995, page A 16.)
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5. Question: Regarding the proposed Noise Ordinance Amendment, what implications are
associated with the one hour averaging of sound? Does this mean that there can be
significant exceedances of the noise threshold standards so long as there are sufficient
intervals of low volume sound that result in an average that is below the standard?
As a practical matter, the difference between averaging and peak levels can be quite
small for a popular music concert. This is due to the fact that the Db scale is
logarithmic. If a concert were measured at 70 Db(A) for 30 minutes within the hour
measuring period, and at 60 Db(A) for 30 minutes, the average would be 67.4 dB(A).
If the sound were 70 dB(A) for one minute and zero (i.e., dead quiet) for 59 minutes,
the one hour average would be 52.2 dB(A). As can be seen from these examples, the
peak or high sound levels control the average. (Also see attached response from MCA's
attorney, Jon Demorest, October 10, 1995, page A 17.)
6. Question: What happens if the noise levels are exceeded? Is the enforcement
mechanism a fine? If so, how do we control violations?
The conditions of Approval to the Conditional Use Permit set forth a comprehensive
procedure for: 1) determining when an impact would occur, 2) devising mitigation to
effectively counteract the impact, 3) requiring financial commitments on the part of the
applicant (e.g., bonding) to ensure implementation of the measures and 4) monitoring
to verify the effectiveness of the mitigation. There are, therefore, sufficient devices in
place to ensure that the noise level thresholds set in the Noise Ordinance will not be
exceeded. The ultimate control provided to the City through the conditions of approval
is revocation of the Conditional Use Permit, if at any point in the process, the Applicant
is not taking appropriate measures to proactively mitigate potential impacts. This
control is provided through the CUP rather than the lease since the City's CUP
revocation ability is more effective than provisions of a lease and is not specific to MCA
as operator. A system of fines, as is used in other jurisdictions with similar facilities,
was not considered to be adequate in ensuring implementation of the appropriate
mitigation.
7. Question: Will there be a cut-off time for the sale of alcohol?
MCA's response (page A 19) is as follows: "MCA will agree to terminate alcohol sales
one hour after the start of the headline act. Typically, this means that alcohol sales
would terminate an hour and one-half to two hours before the end of the concert event.
In addition, MCA will agree not to sell more than two drinks to anyone adult in a single
transaction. (That is, a single adult will not be able to buy three or more drinks in a
single transaction by contending that they are for his or her friends)." Staff has
reviewed this procedure with the Police Chief and recommends it implementation.
8. Question: Is a curfew needed? The curfew at Fiddler's Green is 10:30 p.m. Should
there be different curfews for week nights vs. weekends?
MCA's response (page A 19) is as follows: "A curfew is extremely troublesome for any
amphitheater facility. A curfew (10:30 p.m.) is imposed at only one of MCA's
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amphitheaters lFiddler's green in Denver). and there it causes significant artist and
customer dissatisfaction as well as operational problems. The problems arise because
the artists do not want to begin their performances until it is dark. This allows the stage
lighting to produce its intended dramatic effect and enhance the concert experience.
During the summer concert season, when it will not get sufficiently dark until 8:00 or
9:00 p.m., a curfew would require either that the artist start early, in which case he or
she is unhappy, or to shorten the show, in which case the patrons are unhappy. These
two alternatives, both of which are unattractive, would make it more difficult to attract
artists to the venue. In addition, if the curfew makes it necessary to start the
performance early, operational problems are experienced in that traffic flows into the
amphitheater then occur during rush-hour peaks. In light of these considerations, MCA
would prefer not to be restricted by a curfew, but would reluctantly accept a curfew of
11 :30 p.m. on weekdays and midnight on weekends." Staff recommends the MCA
proposal but reserves the right to impose a stricter curfew after some experience with
the facility and after review by the Police Chief.
,
9. Question: Can responses be provided by MCA to all issues raised in the letter presented
to Council dated October 3, 1995 from the Baldwin Company?
MCA has responded as follows (page A20): "Reqardinq Inversions and Weather
Conditions - The effects of prevailing winds, land topography and inversion conditions
were taken into account WJHW (MCA's sound consultant) for purposes of creating the
sound level contours analyzed in the environmental impact report. The contours
describe the envelope of impact over average conditions, including favorable and
adverse weather conditions, and thus are conservative. In addition, WJHW calculated
that sound walls at the MCA facility would achieve noise reduction of 10-15 dB(A) in
the 250 Hz and 500 Hz octave bands (mid bass and mid frequencies controlling the
dBlA) value), but to be conservative assumed wall reductions of only 5-6 dB(A) to
account for mild inversion effects. These are the reasons why the 50 dBlA) contour
identified in the environmental impact report is some 9 dBlA) higher than the sound
levels measured at the location of that contour during the sound tests.
The genesis of Mr. Kilkenny's comments concerning inversions and weather conditions
appears to be the sound problems associated with the Shoreline amphitheater in
Mountain View, California. At Shoreline, the severity of the temperature differential that
is present in a typical inversion condition and the elevation of the inversion boundary
combined to create the sound problems associated with that facility. Moreover, at
Shoreline, the sound is projected over water, which causes it to travel longer distances.
However, in these respects the MCA site in no way is similar to the Shoreline
amphitheater. While temperature inversions exist on the MCA site, information provided
by the National Weather Service indicates they are substantially different in severity,
duration, and frequency during the concert season than those encountered at Shoreline,
meaning that the inversion conditions in Chula Vista will not have the same deleterious
effects as those at Shoreline. This conclusion is supported by the September 18, 1995
sound test, which was conducted during inversion conditions, and the results of which
substantiated the sound contours analyzed in the environmental impact report.
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Reaardina Noise Standards - MCA is bound to observe the Chula Vista Noise Ordinance,
even though the 45 dB(A) standard established by the ordinance for impacts on
residences after 10:00 p.m. is more stringent than MCA believes necessary, based on
its experience, to avoid sound problems in the community.
As a practical matter, performers will have to comply with the more stringent standard
established by the Noise Ordinance even before 10:00 p.m. In order to be quiet enough
after 10:00 p.m., MCA will insist on appropriate sound levels prior to 10:00 p.m., as it
is unacceptable to both the artists and the patrons suddenly to reduce sound levels in
the last hour or so of a performance.
The existing (in some cases lower) ambient noise levels cited by Mr. Kilkenny, relating
to the Otay ranch in its current undeveloped condition, are an inappropriate standard for
evaluation of the amphitheater. The concern is for the impact of the amphitheater on
residences. Once residential development occurs within the Otay Ranch, the predicted
noise impact of the proposed roadway system within much of the Otay Ranch is higher
than the predicted impact of the amphitheater.
Reaardina Measurina Amphitheater Noise - Current devices accurately measure
amphitheater sound levels. WJHW does not expect that very low frequencies will be
heard to any greater extent than mid frequencies, and believes that dB(A) is an
appropriate metric for measuring sound levels as defined in the City standards.
The problems alluded to in Mr. Kilkenny's letter do not relate to measurement and
standards, but rather to categorization. Amphitheater sound is music, and different
persons have different tastes in music. Regardless of objectively measured sound level
or subjective loudness, for any given individual, some sounds are more objectionable
than others due to their nature and content. It is not possible to incorporate distinctions
of taste into a noise ordinance.
Reaardina the September 18 Test - WJHW is aware of no scientific literature which
supports the assertion attributed to Dr. Fosh by Mr. Kilkenny's letter (to the effect that
the noise contours studied in the environmental impact report were understated by as
much as 23 dB(A) because of the arrangement of the speakers during the sound test).
nor are they aware of any empirical data from the over 100 amphitheater shows they
have measured which support the alleged 23 dB(A) underestimate. WJHW designs
large, sophisticated loudspeaker arrays for many large entertainment facilities. Were it
possible to gain 23 dB(A) at the distances under consideration by simply changing the
geometry of these arrays, everyone would do so for the simple reason of performance
economics alone. The overhead of traveling with extensive sound systems could be
dramatically reduced if it were possible to design a smaller system which generated an
additional 23 dB(A) (which corresponds to 800% more acoustical energy).
Concerning the selection of the music sample, as is indicated above, the test was
conducted using a selection that many people would consider to be objectionable and
representative of a typical "loud concert."
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10. Question: How long will it take to load and unload the facility? How long will residents
be affected?
From the project trip generation, about 6,060 vehicles (maximum capacity event) will
be exiting the facility during the two hours after an event, with 3,940 vehicles expected
to exit within an hour and the remaining 2,120 vehicles expected to exit one to two
hours after an event. Of the exiting volumes, about 5,150 vehicles are expected to
utilize Otay Valley Road under Opening Day 1996 Conditions while this value is reduced
to 4,240 under Interim Year 2010 Conditions because of new roadways to the south
and east. Assuming that the three outbound (westbound) lanes on Otay Valley road are
provided with 70% of the green time after an event concludes at about 11 :00 p.m. (i.e.,
for 42 minutes or 70% of each hour, westbound through vehicles are allowed to travel
uninterrupted). each lane can accommodate approximately 1,330 vehicles per hour,
resulting in an outbound capacity of 3,990 vehicles per hour along Otay valley Road.
Under Opening Day 1996 With Project Conditions, the corresponding green time for the
project-related through traffic on Otay Valley Road is 68% at Oleander Avenue and 65%
at Brandywine Avenue before an event. After an event, less background traffic on the
circulation system should allow for a higher percentage of green time provided to the
outbound project traffic, thus the 70% green time assumption is appropriate.
The available hourly outbound capacity on Otay Valley Road of 3,990 vehicles matches
the demand of 3,940 vehicles. The remaining event traffic of 2,120 vehicles is
approximately 53% of the available hourly capacity, thus it can be assumed that this
traffic would be cleared in about 30 to 35 minutes. In total, the site and local circulation
system should be cleared in approximately 90 minutes. This is a conservative estimate
as it may be reasonable to assume that after an event, the outbound through traffic may
be provided with more than 70% of the green time along Otay Valley road because of
traffic control officers directing flows. (Also see attached response from MCA's
attorney, Jon Demorest, October 10, 1995, page A22.)
11. Question: Can the amphitheater project accommodate soccer fields?
City Staff has had discussion with MCA's representative regarding the feasibility of
integrating public soccer fields into the project. It appears that there is a potential to
construct three, full-size soccer fields within the most northerly planned parking lot,
Parking Lot B which is proposed to be a grass, overflow parking area. The lighting,
landscaping, and irrigation plan for the area will have to be modified to accommodate
the fields.
MCA's representative has indicated a willingness to coordinate and negotiate with the
City on this item. If the City were a candidate to maintain and operate the fields, a Joint
Use Agreement to negotiate scheduling, public access, maintenance, and lability issues
would be recommended. Maintenance of the proposed facilities, both material and
personnel, will be evaluated as part of the budget process. The Parks and Recreation
Director has indicated he anticipates additional personnel and equipment may be
necessary to maintain this facility.
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Subject to final evaluation of personnel and supplies, ongoing costs could range from
$50,000 to $105,000 per year. Since the fields will function as overflow parking, it is
anticipated that concentrated maintenance will be required to level ruts from car tires
and sod maintenance from vehicle leaks.
An option to the City maintaining and operating the fields would be to encourage MCA
to negotiate with a local league for the development, maintenance, and operation.
12. Question: Can clarification be given regarding the relationship between noise mitigation
and weather?
The relationship between noise propagation and meteorology is a relatively complicated
process. For what is essentially a point source of noise such as an amphitheater viewed
from a distance, geometric (spherical) spreading of sound waves creates a predictable
rate of attenuation just like a light gets dimmer farther from the source. Sound energy,
like light, interacts with any material along its propagation path. Sound waves can be
transmitted, reflected, absorbed, diffracted (bent around an obstruction) or refracted
(bending of the propagation path) when they interact with an intervening medium
between the source and the receiver.
Meteorology comes mainly into play in refraction. Two meteorological parameters affect
refraction. When air temperatures increase with height (an inversion) instead of a
normal decrease with height, the higher density of the colder air near the ground "traps"
the sound waves and reduces the normal spreading loss. Sound levels still decrease
with distance, but not as fast as normal. Extreme examples during powerful winter
inversions of such ducting effects are found in Siberia or Alaska where a conversation
may be audible five miles away.
In Chula Vista, the inversions are much less dramatic, and reach their maximum intensity
late at night or around sunrise. Limited inversion effects may be noticeable very early
or very late in the concert season near the end of a performance as cool air begins to
pool on the valley floor. For much of the summer, onshore flow exists throughout the
performance which creates turbulence that prevents inversion formation and does not
allow cool air pooling.
The second type of meteorologically-induced sound refraction occurs when wind speeds
increase significantly with height or winds radically change horizontal direction. This is
called "wind shear". Vertical speed shear generally causes downward bending of sound
waves in the downwind direction and upward bending in the upwind direction because
the speed shear occurs along the prevailing direction. The downwind side of a source
is therefore often louder than the equivalent upwind side. It is not, however, due to
winds preferentially transporting sound waves, but rather due to wind shear effects.
Refraction can compromise noise mitigation by bending sound waves downward that
would normally pass over the top of a barrier and continue ever upward. For these
effects to be important in the Otay Valley, however, the inversions would need to be
strong and the speed gradient (change with height) very large. Even under unusual
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conditions, these effects would not significantly increase the spreading of sound or the
effectiveness of mitigation. Conditions during the sound test on September 19, 1995
represented ideal conditions for maximizing noise impacts because of the presence of
an inversion condition that was typical of a worst case condition. The severity of
inversions or wind shears during the outdoor concert season will not significantly affect
the efficiency of the proposed mitigation plan.
13. Question: Can Nederlander provide a list of theatrical plays at Nederlander
amphitheaters within the last five years?
According to information provided by MCA, which has been compiled by Pol/star, an
independent entertainment industry publication, no theatrical plays have been performed
at either the Pacific Amphitheater or the Greek Amphitheater in the last five years.
Nederlander representatives have not yet responded to this request. Staff has directly
verified this information with Pollstar.
14. Question: What will the unfettered income to the City be from the project?
The following financial deal points have been proposed by staff and have been accepted
verbally by MCA, subject to City Council concurrence:
Ticket Assessment:
3% to City. MCA can charge additional 2% to recoup certain fees.
Fees:
MCA pays School District, Water Authority and City permit/processing
fees. School and water fees are currently estimated at $450,000. City
fees are currently estimated at $310,000 excluding the DIF. MCA has
asked that these fees be "capped" at $450,000 and $350,000
respectively. Staff's position is that MCA must pay all fees in total, with
the exception of the City DIF. The latter is recommended to be reduced
20% from $750,000 to $600,000 based upon limited site usage. MCA
has requested that this fee be reduced to $500,000 paid in $50,000
annual installments over 10 years with no interest. City and MCA are
continuing to discuss these differences and will bring back a settlement
at the November 7 meeting.
Mitigation:
If mitigation is necessary, MCA can continue to charge up to 5% (2%
above the 3 % City ticket assessment) to recoup costs.
City Box:
Containing 1 2 seats in fixed location.
Public
Improvements:
City provides improvements on Otay Valley Road.
Indemnification:
MCA indemnifies City against CEQA litigation
City Services:
MCA pays full cost of City services
Tax Revenue:
City receives all property and sales taxes.
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Perf. Arts Fund: MCA to provide City $.15 to $.50/ticket to be applied towards a City-
wide performing arts program to be coordinated by an appointed board
including a representative from MCA.
Public Use Fac.: 18 days (six during the season). User to pay reasonable operating costs.
Based upon these deal points, the projected total amphitheater revenue over 20 years
including property tax is $6.8 million (see Table 1 and Financial Impact section). Kobey
Swap Meet revenue is also indicated separately. Kobey will provide an estimated $3.3
million to the City on Sales taxes and business license fees over the same time period.
15. Question: Will the City receive a portion of the parking fee?
Parking fee revenues have not been included in the deal points negotiated thus far.
16. Question: Will flooding cause a problem with ingress and egress to the facility?
Chapter 3.6 of EIR-95-03 addresses the hydrological aspects of the project. The project
site is not located within a 1 DO-year floodplain; the project site is designated by FEMA
as Zone C - Area of Minimal Flooding.
Access is assured to the project site over the Otay River by an improved, at-pre sent-
partially completed bridge (widening is in progress). This bridge was planned and
constructed after the older pipe-type bridge washed out approximately two years ago.
The older bridge consisted of six to seven 18" to 24" pipes under the roadway. The
reason for the washout was because these pipes lacked sufficient capacity that
whenever there was a flood, water washed over the roadway. During the flood two
years ago. the force of the water washed out the entire roadway and pipes. The new
bridge has a 120 foot span and is approximately 20 feet above the river bed rather than
just several feet as the old one was. Also, during that flood, the project site itself was
not inundated.
17. Question: How are we ensuring access to the future Corporate Yard s[te?
Issues of compatibility between the Corporation Yard site and the amphitheater as land
uses have been evaluated and addressed through conditions of approval. Initially, there
was concern over the ability for Public Works personnel to access the Corporation Yard
site during amphitheater events. However, as a condition of approval, Condition 0.4,
a gated, all-weather access is required to be placed at a mutually convenient location
that would allow Public Works personnel to by-pass congested areas and directly access
the Corporation Yard site. Conditions of approval to the CUP include the following
provisions:
To the satisfaction of the City Engineer as he/she determines necessary or
appropriate to mitigate traffic impacts from the project, implement the following:
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Provide a gated, all-weather access road to the potential Corporation Yard to the
west complete with a knox box for use by the Public Works Department for
exclusive access to the Corporation Yard. Said gate shall conform to all
specifications detailed by the City Engineer. Additionally, the developer shall
obtain and grant to the City an access easement to utilize the gate and road.
The preferred location of the all-weather, gated access road is the north side of
the complex along Parking Area B, but another location may be negotiated with
the City Engineer."
Compliance with the conditions of approval should ensure that the City will have
appropriate access to the Corporation Yard. This access will also address the
Sweetwater Union High School District's concerns regarding possible future use of the
Corporation Yard site.
18. Question: What is included in the revenue to the City? Percent of ticket sales?
Concessions? Parking?
City revenue from the MCA Amphitheater would be derived from the following sources:
Percentage of gross ticket sales, property tax revenue, sales tax revenue from food and
merchandise concessions, and City fees (business llcense, etc.). Revenues from
Kobey's would be derived from sales tax revenue and business license fees. Total
revenue from all sources is projected to average $508,000 over the first 20 years of
operation (excluding the construction period). Refer to Table 1 and the Financial Impact
section of this report for further information.
19. Question: What will the City's total expenditures be?
Capital expenditures for Otay Valley Road improvements are estimated at $388,000.
Additionally, approximately $100,000 in one-time staff/consultant/legal fees would be
incurred. Operational expenditures would include incremental road maintenance costs
for the additional lane on Otay Valley Road, and some additional staff expenses related
to monitoring and enforcement of project conditions.
20. Question: Will there be an indemnification agreement if there is litigation brought about
from noise?
An indemnification agreement is currently being drafted by the City Attorney that would
place the financial responsibility for such legal actions on the project Applicant. (Also
see attached response from MCA's attorney, Jon Demorest, October 10, 1995, page
A24.)
21 . Question: Did staff consider the impacts on sound projection based on different stage
orientations?
The applicant conducted a feasibility study prior to initial design work for the facility
which included different stage orientations. The conclusions of their study was that the
currently proposed orientation was best suited to avoiding the greatest levels of impact.
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Orientation of the stage to the east, southeast or south would result in noise impacts
to future residential neighborhoods to the south that may not be mitigable. (Also see
attached response from MCA's attorney, Jon Demorest, October 10, 1995, page A24.)
ADDITIONAL ISSUES RAISED BY COUNCIL AND THE PUBLIC
22. What can we learn from other cities that have amphitheaters?
Staff recently conducted a survey of several cities that have open-air amphitheaters
(including Arapahoe County's Fiddler's Green). Generally, it appears that most cities
allowed the construction of an amphitheater and then dealt with the problems that
occurred, as demonstrated by Fiddler's Green. The survey indicated that noise and
traffic were the two issues that resulted in the largest impacts. Payment for security
and traffic control was also an issue.
Chula Vista City Staff, after conducting environmental review, land use review, and a
survey of other cities, has compiled a list of recommended conditions of approval that
will mitigate or eliminate potential impacts before they are experienced by the
community. Conditions include noise controls requiring adherence to established City
noise standards enforceable through revocation of the CUP, road improvements to
accommodate the project, traffic control measures such as manual control of
intersections and special signage, and provision of additional security personnel to the
satisfaction of the Chief of Police. A complete listing of these measures is provided in
Attachment "0".
23. Can the deal include assurances from MCA that they will give priority to Chula Vista
residents in hiring and to Chula Vista contractors in construction work?
The City has a standard agreement with the South County Career Center that MCA will
be requested to execute to provide assistance in placing local residents in employment
opportunities created by the MCA Amphitheater project (see Attachment "E"). The
agreement establishes a linkage that will assist MCA in hiring and recruiting applicants
for staffing through the South County Career Center in Chula Vista. MCA would agree
to meet with the Center in order to access the Center's current employment candidates,
to post job openings with the local Center in advance of general distribution of those job
openings, and to make a good faith effort to provide input to the Center regarding
development of job training curriculum and work experience and internship programs.
In return, the Center will provide employment counseling, training, and placement
services to MCA's employment needs from the local office.
While negotiating the deal points with the applicant, the City can request that MCA
voluntarily provide the opportunity for local contractors to participate in the development
and operation of the facility.
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24. What is the depth of the water table in the Otay Rio Business Park?
EIR-87-02, the environmental document originally completed for the Otay Rio Business
Park, addresses the issues of ground water on page 17, where it states:
"Groundwater occurs in the ... general project area, [and] is typically deeper than
100 feet below the surface [DWR, 1967]. This is confirmed by a depth test run by
the State of California Department of Water Resources in October, 1985. The test
was run at a well located at the existing onsite residence adjacent to Otay Valley
Road. The depth to groundwater at this well, which is no longer used, was 109.9
feet. Also, the recent (March, 1987) study performed by GEOCON for subsurface
soils encountered the most shallow depth of groundwater at 22 feet."
The Applicant has indicated that excavation required for construction of the facility
would not reach groundwater levels.
25. What is the Performing Arts Fund proposal as defined by MCA?
The applicant has proposed that they will contribute $.15-$.50 per ticket to the City for
a Performing Arts Fund. They have estimated that this could generate up to $150,000
per year. They have expressed a preference that the funds be used to support the
attraction and presentation of performing arts in the City of Chula Vista. They have
proposed that a committee be formed to determine the best use of these revenues and
requested that MCA be given a seat on the committee/board/commission.
FISCAL IMPACT: The revenues projected from the MCA Amphitheater appear in Table 1 and
are summarized below. Revenue to be generated by Kobey's are also indicated. These
estimates are based upon Kaiser Marston's projections as appearing the their financial analysis
of the project, and are more conservative than revenue estimates received from MCA and
Kobey's. The Kaiser Marston estimates are based upon comparative operations of similar
facilities.
Cumulative Cumulative
City Revenue City Revenue
After 10 years of After 20 Years of
Operation Operation
MeA:
Ticket Assessment $2,405,632 $5,776,311
Sales Tax/Food 191,187 459,070
Sales Tax/Merchandise 140,875 338,262
Property Tax 120.447 267.271
MCA Subtotal $2,858,141 $6,840,914
October 12. 1995 (3:50 pm)
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Page 13. Item
Meeting Date 10/17/95
KOBEY SWAP MEET:
Sales Tax $870,000 $2,641,169
Business License Fee 239,800 671 ,965
Kobey Subtotal $1,109,800 $3,313,134
SUBTOTAL $1,109,800 $3,313,134
TOTAL $3,967,941 $10,154,048
Attachment(s):
A. Council minutes, meeting of October 3, 1995 - page A-1
B. Letter from John Demorest, Esq., Latham & Watkins (October 10, 1995) - page A-15
C. Letter to Dan Wilkins, San Diego Unified Port District, from John D. Goss dated
October 6, 1995 - page A-27
D. Mitigation from Mitigation Monitoring Program for MCA Concerts, Inc., Amphitheater -
page A-29
E. Draft Statement of Intent and Agreement Between The South Coast Career Center and
MCA Concerts, Inc. - page A-37
F. Letter from Kim Kilkenny, The Baldwin Company, dated October 3, 1995 - page A-39
Table 1: Chula Vista Amphitheater: City Revenues-Alternate Projections (1) - Page A-47
G. Memo, October 12, 1995 - Survey of Existing Amphitheaters - National/Southern
California - Page A-51
H. Letter from Kim Kilkenny of the Baldwin Company dated October 12, 1995 with
appendices
[BBIC:I WP51ICOUNCILIl13SIMCA-l.RPT]
[M:\HOMEICOMMDEVIMONACOIMCA-I.RPT]
October 12, 1995 (3:50 pm)
J/)c -~_3 /JdC-/f
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ATTACHMENT A
Minutes
October 3, 1995
Page 4
12. PUBLIC HEARING CONSIDERING A CONDITIONAL USE PERMIT PCC-95-47 TO ESTABLISH
A 20,000 SEAT OUTDOOR AMPHITHEATER AND AN OPEN AIR MARKET LOCATED AT THE
SOUTHWEST QUADRANT OF OTAY VALLEY ROAD AND OTAY RIO ROAD - BITTERLIN-BRICE
DEVELOPMENT PARTNERS FOR MCA CONCERTS, INc' AND KOBEY'S CHULA VISTA MARKET
PLACE, LLC; AND CONSIDERING THE V ACA TlON OF VARIOUS STREETS IN OT A Y RIO BUSINESS
PARK - Bitterlin-Brice Devdopmc:nt Partners as representatives of MeA Concerts, Inc. is proposing to construct
a 20,000 seat capacity amphitheater in the Otay Rio Business Park located at the southwest quadrant of Otay Valley
Road and Otay Rio Road. Also, Kobey's Marketplace proposed to operate an open air market on the site on certain
days of the week when the amphitheater is not in use. Staff ftX:ommends approval of the resolutions. (Director
of Corrununity Development, Director of Planning and Director of Public Works) Continued from the meeting
of 9/26/95. -- Time Certain 6:00 p,m,
A. RESOLUTION 18057 CERTIFYING FINAL ENVIRONMENT AL IMPACT REPORT EIR-95-03, MCA
CHULA VISTA AMPHITHEATER
B. RESOLUTION 18058 APPROVING (I) A TRI-PARTY AGREEMENT WITH LOS ALISOS
COMPANY AND MCA CONCERTS, INC.; (2) GROUND LEASE BY AND BETWEEN LOS ALISOS
COMPANY AND MCA CONCERTS, INC.; AND (3) SUBLEASE WITH MCA CONCERTS, INC.
C. ~ESOLUTlON 18059 GRANTING A CONDITIONAL USE PERMIT, PCC-95-47, TO BITTERLIN-
BRICE DEVELOPMENT PARTNERS FOR MCA CONCERTS, INC. TO CONSTRUCT A 20,000 SEAT
CAPACITY AMPHITHEATER AT THE SOUTHWEST QUADRANT OF OTAY VALLEY ROAD AND
OTAY RIO ROAD
D. RESOLUTION 18060 GRANTING A CONDITIONAL USE PERMIT, PCC-9S-47, TO KOBEY'S
CHULA VISTA MARKETPLACE, LLC, TO OPERATE AN OPEN AIR MARKET AT THE SOUTHWEST
QUADRANT OF OTAY VALLEY ROAD AND OTAY RIO ROAD
E. RESOLUTION 18061 ORDERING THE VACATION OF VARIOUS STREETS IN OTAY RIO
BUSINESS PARK
Chris Salomone, Director of Community Developmt::nt, stated staff recommended that Council take no action at the
present time because the busioess deal had oot been tioalized. Staff felt it would be resolved in a few days and,
therefore, recorrunended that statT be allowed to make their presentation, Council hear the applicants presentation,
and public testimony. Staff felt they would be able to return within two weeks with a final recorrunendation.
Joe Monaco, Environmental Projects Manager, gave a brief review of the draft and final EIR's. Eleven letters of
corrunents were received on the Draft EIR regarding noise, traffic and biological impacts. The Final EIR addressed
those concerns and responded to verbal corruneots received at the Planniog Commission hearing. On 9/16/95 the
Planning Commission recorrunended certification of the Final EIR and approval of the CUP with the condition that
an additional sound test be cooducted to mooitor specific sensitive locations. The results of that test had been
presented to Council.
Council member Rindone questionoo which of the seven monitoring areas in Clay Ranch were not in Village 3.
Mr. Monaco responded referred to an overhead and stated there was only one location in Village 3. the rest were
in other villages and in future residential areas. The results in Village 3 were 65 dBA.
Martin Miller. Associate Planner. gave a slide presentation of the site and tour of other facilities.
Mr. Salomone stated there was another proposal in the City, i.e. on the Bayfront, and information was provided
in the Council packets. It was his understanding that the Port was beginning their environmental analysis,
scheduling a noise study within the next 30 days, and expected to be through the EIR in March or June.
This being the time and place as advertised, the public hearing was declared open.
. Chris Bitterlin, 525 B Street, San Diego, CA, represeotiog MCA, stated MCA needed a site that would allow
them to make a major investment, allow them to oPft.=?~ Cd.:' ;rneighbOr and
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Minutes
October 3, 1995
Page 5
corporate cItizen. The three major issues in finding a site were: I) location, 2) environment, and 3) economics.
The proposed site was the best site of 35 looked at in the County over 10 years. The location was within 30
minutes of any city in the County and 17 minutes from downtown San Diego. From their noise tests they could
stage a wide variety of musical entertainment acts and comply with the City of San Diego and City of Chula Vista
noise ordinances and peacefully co-exist with existing and future residential neighborhoods. With the improvements
on Otay Valley Road that were already a part of the assessment district it would allow the free flow of traffic on
a sell-out. The site was developable and they had an attractive lease agreement. The City would receive stabilized
income from the project of over $400,000/year and they had agreed to project fees to the City of $1.3 million.
MCA would be responsible for property taxes and assessment district obligations for Phase I. The prqject would
enhance the redevelopment effort for the Otay Valley Road corridor and was endorsed by the current Otay Valley
Road car dealers. The project was 100% financed by MCA with no requests for public financing, other than the
early widening of the fifth lane east of Nirvana.
. Jay Marciano, President, MeA, gave a hrief background of MCA Inc. the parent company and MCA Concerts.
He presented a slide presentation of existing facilities currently operated by MCA Concerts.
. Bill Bethman, BBA Architectural Planning, Project Architect, gave a slide presentation of examples of Taliesin
and BBA projects along with drawings of the proposed project.
Mr. Marciano stated each year the project would pay approximately $500,000 in lees and taxes directly to the City.
One hundred percent of the funding for the project would be provided by MCA ami there were no requests for
public tax dollars or bond financing. The project had received the endorsement and support from a broad sector
of local businesses, organizations, and individuals. Those included the Chamber of Conunerce, Economic
Development Commission. Planning Commission, California Youth Soccer Association, Broadway Business
Association, and the San Diego Symphony. MCA was ready to build in 1996 and they were already holding dates
for artists. They would also be working closely with the San Diego Symphony to provide a sununer schedule.
Should the project be approved MCA would contribute on an escalating scale from l5C to 50C per ticket sold in
order to create a Chula Vista Performing Arts fund. Each year that contrihution would raise approximately
$150,000 which would ensure that tine arts programming would be presented in Chula Vista regardless of bottom
line economics. To his knowledge the concept of a Performing Arts fund had never been applied to any other
amphitheater in North America. MCA thanked staff and Council.
Those speaking in support of the MeA proposal were:
. Steve Palma, 176 Montgomery Street, Chula Vista, CA, President, Otay Committee, slated what he wanted for
the conununity as a whole was what was best for ev~ryone.
. Walter L. Fisher, P. 0, Box 3666, Chula Vista, CA, stated his concerns had been addressed by MCA and staff.
Sound tests had shown that there were no noise impacts in his area and M CA agreed to a third sound test to further
ally their fears. Mr. Marclano and members of his development team walked through the test areas during the
sound test and talked to residents personally. He felt MCA would be a good corporate neighbor and bring nothing
but positive benefits to the City.
. Ed Martija, 786 Madison, Chula Vista, CA, Vice-Chair, Chula Vista Economic Development Commission,
stated the EDC unanimously voted to support the MCA pr<<ject. They had tried to analyze the financial impacts
to the City from both the amphitheater projects. They could not determine how the other project compared
regarding direct revenues to the City, continuing revenues, cost of operation, cost of construction, etc. It was his
understanding that some Councilmembers wanted to delay a decision until the other proposal was ready for
consideration. He did not feel that spoke well regarding integrity, setting City policy, etc. He encouraged Council
not to delay action any longer than necessary.
. Gary Cooper, 767 Riverlawn Avenue, Chula Vista, CA, stated he was opposed to the Bayfront proposal. He
felt an amphitheater would be good for Chula Vista and that MCA's project was well thought out and had addressed
the issues of noise, traffic, and environment.
. Carolyn F. Butler, 97 Bishop Street, Cbula Vista, CA, stated she was opposed to the Bayfront proposal and
supported the MCA proposal. She suggested tbat a top be put on tbe facility to control noise and allow use
throughout the year. She also felt it should be leased out to other cities in order to create additional revenues.
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Minutes
October 3, 1995
Page 6
. Billy Cox, 49 Third Avenue, Chula Vista, CA, President, Chula Vista Police Ofticers Association, stated they
had been in contact with cities and departments that dealt with similar projects and had received positive responses.
The City's Chief of Police had extensive ex~rience in large scale special events. traffic. and crowd control.
Accessibility in the area had been well demonstrated, the feasibility bad been well demonstrated, and the project
was ready to go. The PDA had concerns regarding the Bayfront project due to accessibility, feasibility had yet to
be proven, the City wnuld have to work with the Port District and the Coastal Commission, and the POA did not
have faith that the project would be ready in the near future and the needs of the citizens was now. They urged
approval of the MCA project.
· Jim Weaver, 233 Fourth Avenue, Chula Vista, CA, President, Chula Vista Chamber of Commerce; read a
statement which recommended support of the M CA proposal. The Chamber vote had been unanimous in support.
Their Government Affairs Committee and Economic Development Committee had reviewed the project and both
groups had unanimously voted in support of the MCA proposal.
· Pan I L. Babin, 615 Penelope, Chula Vista, CA, felt the MCA pr~iect was good for the City and the Southbay.
He was opposeJ to the Bayfront project and noted that an amphitheatc:r would not attract resort hotels as they looked
for peace and qniet.
· Mary Salas, 802 East "J" Street, Chula Vista, CA, Chula Vista Planning Commission, stated Council needed
to consider which pr~iect would bring more revenues to the City, provide more job opportunities, and was willing
to provide sources of revenues to schools, non-profit and volunteer organizations. MCA would provide direct
revenues to the City in terms of ticket tax. Chnla Vista wonld not have control over the Bayfront project. As a
member of the Planning Commission who had reviewed the EIR and listened to all testimony, she was becoming
increasingly frustrated by the delay tactics employed by some of the members of the City Council. The City needed
the project and the MCA proposal would benefit the City more than the Bayfront proposal. The Planning
Commission had unanimously voted to certify the EIR and recommended approval of the CUP. She nrged a quick
decision on the issue before the City lost out on a good opportunity for the citizens of Chula Vista.
· William E. Claycomb, 457 Delaware Street, Imperial Beach, CA, President, Save Our Bay, Inc., stated he was
not a member of the Sierra Club and then read paragraph 9 from a stipulated settlement, United States District Court
for the Southern District of California, Civil No. 86-1942-GT (lEG) from 1988 which he felt would negatively
impact the Bayfront proposal.
· Patty Davis, 1375 # 17 Calle Jon Montefrio, Chula Vista, CA, Chula Vista Planning and Economic Development
Commissions, supported the M CA project and hoped Council would move forward quickly. She did not feel the
Bayfront amphitheater would eVer be approved and the Council wonld never have a vote on the proposal, only the
Port Commission wonld decide. Chula Vista wonld then end up with none of the revennes and all of the problems,
i.e. Plaza Bonita. When the Bayfront proposal was presented the stage was on the east side so it would not inflict
noise on the residential area of west Chula Vista. When Commissioner Spears from Coronado Cayes objected it
was changed to the west side. When the Planning Commission reqnested an additional sound test it was set up
within one week; she qnestioned why the Bayfront proposal had not done a sound test. She qnestioned why the City
would go into a joint venture with the Port for less money with no control.
· Tom Morgan, 750 "B" Street, San Diego, CA, Chair, San Diego Symphony Orchestra Foundation, stated they
had been in discnssions with representatives of MCA and had reviewed the proposal. They looked forward to
having a world class venue in the Sonthbay where they could bring the sympbony to the community. He encouraged
Council to move forward with a decision as soon as possible so they could make plans regarding the facility.
. Brian Seltzer, 750 "B" Street, San Diego, CA, representing Kobey's Market Place, stated they were enthusiastic
about working with MCA. Kobey's was a family business and had been in business in the region for 15 years.
The family was involved in the community, they knew their customers, and their vendors. They currently shared
use of the sports arena and had learned to co-exist and tear down their business on a daily basis if necessary.
Kobey's would utilize tbe infrastructure at those times MCA was not utilizing the facility. It was an excellent
opportunity for redevelopment of the area and site. Kobey's was an economic spark plug and bnsiness incubator
and the City would realize the sales tax revenues and business license income along with other direct and indirect
benefits. Kobey's was not seeking public financing or snbsidies, bnt simply wanted the opportunity to do business
within the commnnity. ~t) C' _) 7
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Minutes
October 3, 1995
Page 7
. Charles Pretto, 750 "B" Street, San Diego, CA, stated Kobey's would bring 25-50 employees into the area and
the 300 vendors for the first year would generate a proportionate amount of jobs; sales tax and licensing revenues
were estimated over $1 million over the tirst ten years. Kobey's provided opportunities for small businesses, i.e.
an incubator program, where a vacant parking lot would normally be. The parking lot would also be made available
for non-profit charitable use.
. Barry J. Ross, 265 Santa Helena #100, Solana Beach, CA, representing Robinhood Homes, Inc., stated they
were the owner of the property above the amphitheater on the southern rim and their project, a 600 home
community, bad already been approved by the City of San Diego. They felt the MCA project offered the City and
Southbayan extraordinary opportunity. Robinhood Ridge had basically been ignored in the EIR and they had
worked with MCA over the last nine months on how they could make the facility work and he was impressed with
the MCA team. MCA had agreed to pay to the Otay Mesa facilities benetit assessment (FBA) certain fees that were
currently being negotiated. Therefore, they supported the MCA project.
. Rod Davis, 46 Center Street, Chula Vista, CA, stated the current zoning of the property would allow installation
of ajack hammer manufacturing and test facility which would not have to go before Council for approval. He also
felt the off roaders probably caused a higher decibel reading than the concert setting. He had contacted the sheriff
in Arapaho County regarding crime and noise statistics for Fiddlers Green and was informoo that there were
problems the first year, but after the construction of the noise wall the noise complaints had signiticantly dropped.
In comparing the number of concert goers to the number of arrests, the sheriff tdt there were bars that had more
trouble than the MCA amphitheater. The project should be in City control and on City property to create jobs and
utilize the facility for local activities, i.e. proms, gf"dduations, large dinners, union meetings, etc. He felt MCA
would be a good corporate neighbor.
. Charles Schroder, 440 "L" Street #1, Chula Vista, CA, stated MCA had gone out of the their way to prove that
noise would not impact the neighborhood and the sound test was done under inversion conditions. He did not feel
there was evidence to support the allegation that crime would increase. When revenues declined, services declined
and that was when crime increased. He noted thattraftic at the MCA Universal Amphitheater disbursed rapidly
after events.
. Steve Redfearn, 9914 Bourbon Court, San Diego, CA, stated he worked for Bill Silva Productions and their
company had the unsuccessful bid in Poway for an amphitheater. He was not present to speak regarding MCA
Concerts, but he had witnessed a Port Commissioner from Chula Vista telling Tom Morgan that he would never
get money again from the Port for the symphony. Mr. Morgan was one of the most gentle, honest, noble men he
had met in San Diego.
Mayor Horton stated it was probably because if it was not on Port land they would not be receiving Port money.
She felt it needed to be put in the right context.
Mr. Redfearn stated it appeared that MCA had spent a lot of money even before doing their EIR. He was
concerned regarding the Bayfront project and the amount of money being spent and information being made
available. He was at the Port meeting where Admiral Spear questioned if the Bayfront facility would be pointing
to Coronado and, when told yes, the facility was rotated. He questioned how long the new direction of the Bayfront
facility had been studied. He felt there were three fatal !laws to the Bayfront project: I) the EIR stated they had
an average of 95 dBA's at the board and that would delete about 30% of all touring acts because 95 dBA's was not
loud enough; 2) it was only 15,000 seats which would eliminate the large performers.
Mayor Horton questioned why they could play at the Universal Theater which was only 6,000 - 7,000 seats.
Mr. Redfearn replied the Los Angeles market was different and they could play multiple nights. San Diego was
not a big City and the performers would not play ml\\tiple nights. The third !law to the Bayfront proposal was the
10:00 p.m. curfew.
. William C. Tuchscher, 3633 Bonita Verde Drive, Bonita, CA, Chair, Chula Vista Planning Commission,
informed Council that the Commission made a decision on one project only, i.e. the project that was before them.
No comments or discussion was held regarding other potential opportunities. As a result of the Baldwin presentation
they conditioned their approval upon a new noise test which had since been completed. They also took into account
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October 3, 1995
Page 8
that Village 3 was zoned industrial which was something their Commission intended, They did acknowledge that
certain future neighborhoods would be affected within the noise contours as contained in the EIR.
. Patti Connell, 4040 Hancock, San Diego, CA, owner of The Incense Lady, stated she had a small business at
Kobey's for 14 years. She noted that many of the clIstomers at Kobey's were those on tixed incomes. Kobey's
was a good, clean, finely run swap meet.
· Edward L. Fast, 3183 Plantd Way, San Ysidro, CA, owner of Fu-Taing, stated he had a small business at
Kobey's for 6 years. He noted that Kaney's hirtXI a lot of military personnd from the area. Many of their
customers were returning tourists.
. Jeff Clark, 48\ Broadway, Chula Vista, CA, owner of Music Trader, stated they presently had 9 stores including
one in Chula Vista. They got their start at Kobey's and felt no other swap meet could compare in appeal,
organization, and cleanliness.
. Everett Maczko, 1450 Sundale Road. EI C~jon, CA, owner of Maczko Galleries, stated they had been associated
with Kobey's for 11 of the 15 years Kobey's had been at the sports arena. It was a place where families could go
and enjoy themselves. Kobey's went out of their way to keep things clean and safe.
Those speaking in opposition to the MCA proposal were:
· Donna Russell, 1581 Point Ddgada Court, Chula Vista, CA, expressed her concern regarding the noise and
traftic impacts. It was her understanding that all traffic would access Main and Otay Valley Road, up Orange
Avenue and Brandywine. She questioned why a noise test was not hdd where all the residents knew what was
going on, with the decibel level of an actual concert, and under normal weather conditions. They currently had the
industrial parks, auto parks, dump and associated trucks. junk yards and tow trucks in their area.
· Robert Giacobassi, 1648 Ocala Avenue, Chula Vista, CA, stated the road to 905 would not be developed by the
City of San Diego and he expressed his concerns with the traftic impacts. The swap meet and MCA would
encroach their neighborhoods with cruising, noise. and car smog. He further expressed concern with people going
through the trash in the neighbcrhood. He personally could not hear the speakers at his address, Changing the
Municipal Code should not have even heen brought to Council for consideration. They had been informed that some
of the security would be off duty police officers and he expressed his concern about what type of job they could
do the next day on their regular shift.
. Pat Carrillo, \677-A Melrose Avenue, Chula Vista, CA, representing Melrose Villas Home Owners Association,
stated there were 92 homeowners that were opposed to the MCA proposal. They were concerned with traffic, drug
use, air pollution, noise, violence, and gangs.
. Joan Hansen, 483 Tarata Court, Chula Vista, CA, was opposed to the MCA project.
. John E. Hansen, 483 Tardta Court, Chula Vista, CA, was opposed to the MCA project.
. John E. Hansen Jr., 1604 Ocala Avenue, Chula Vista, CA, was opposed to the MCA project.
. William A. Jones, 1600 Palm Avenue #59, Chula Vista, CA, representing CA Mini-Motorcycle Club, not
present when called.
. Aimee Jones, 1600 Palm Avenue #59, Chula Vista, CA, representing CA Mini-Motorcycle Club, not present
when called.
. William Feltham, 1539-252 Sonora Drive, Chula Vista, CA, stated he was opposed to the MeA proposal due
to the noise and traffic impacts, increase of crime and loss of value in his home. He questioned if the revenues
received by the City were worth destroying the neighborhood,
. Stephen P. Delaney, 12520 High Bluff Drive #165, San Diego, CA, TopMark, representing The Nederlander
Companies, stated they had talked with staff to keep them updated and had offered to make a presentation to
Council. He was available to answer any questions regarding their Pr<~i~.?7 C- / ;7
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October 3, 1995
Page 9
. Lee Kienholz, 696 Arrow Point Court, Chula Vista, CA, representing Point Robinhood Homeowners
Association, stated they were a community of 291 single family dwellings located 11.4 mile west/northwest of the
proposed site, on the ranch, overlooking the site. They had been told that the noise would not damage the
community, but he did not know how to reconcile that information with information received from other
communities where they stated they could texl the noise as well as hear it as much as five miles away. Rock
concerts would bring anti-social behavior due to the type of people drawn to the concert. It was the opinion of the
Poway City Attorney that the revenues received would be the most expensive revenues they would ever get. He
supported entertainment, but did not support the destruction of a community in the process.
. Claudia Derwin, 273 0 Rancho Drive, Chula Vista, CA, slated she worked part-time for the City of San Diego-
Special Events Traffic and noted the numerous traftic problems the City of San Diego faced with special events.
Due to the numerous complaints received regarding traffic, parking, trash, etc. they had to hire 15-20 additional
traffic controllers. She felt one lawsuit would wipe out all the City's economic advantages.
. Gale Moriarity, representing BAN, stated Jack Murphy Stadium usually only sold 16,000 seats which caused
all the traffic impacts. The MCA amphitheater would have parking for 20,000 people. She then reviewed parking
requirements for similar lacilities. Nederlander gave over $1 million to the City of Los Angeles for the Greek
Theater and also covered the cost of 15 uniformed ofticers inside, 8 uniformed officers outside, 4 mounted officers,
and 2 motorcycle officers. They also had their own security guards. She then reviewed the arrest statistics and
complaints received for existing facilities. There were no seat allotments for officials of the City of Los Angeles
and she questioned the 12 seat allotments to the City of Chula Vista, i.e. $18,000 in revenues not given to the City.
The Greek Theater was in a natural dish and the proposed amphitheater was in a natural megaphone. She expressed
concern regarding trash left on the soccer fields and usage by children. The sound test averaged 5 minutes for 11
times and was silent the rest of the time. Frequency was not heard because noise was not just in loudness but also
in frequency and intensity as well.
* * * Council recessed at 8:08 p,m, and reconvened at 8:26 p.m. * * *
. Marcia Peissner, 951 St. Germain, Chula Vista, CA, was not present when called.
. Kim Kilkenny, 11975 EI Camino Real, San Diego, CA, representing the Baldwin Company, referenced a letter
distributed to Council. It was not his practice nor the practice of Baldwin to question the merits of other projects
pending before the City, but they had concerns with the proposal relative to the issue of noise. They were alarmed
with the distribution of areas that were tested for noise impacts. Only one sound test was conducted within Olay
Ranch and that was on property not owned by the Baldwin Company. They had not been notilied of the first two
sound tests. Their second area of concern was with the consultants conclusion. EIR Technical Report, which stated
"In the experience of the noise consultant for the applicant that within 50 dBA the maximum allowable noise that
a residential area would deem to be acceptable, noise beyond that would be unacceptable and there would be
complaints". In the next paragraph they recommend that the City of Chula Vista discourage any residential
development inside of that contour and if that happened the City would continue to have noise complaints. He then
presented a transparency which designated the areas within the 50 dBA which was a significant portion of Village
2 and Village 4 within Otay Ranch and all of Village 3 which would be unusable for residential development. The
applicant had acknowledged that fact, but pointed out that within the City General Plan it was designated for
industrial and, therefore, there would be no compatibility problem. However, within the County General Plan it
was zoned residential. He presented a graphic depicting the frequency of noise complaints from a Palo Alto study
which was overlayed on their property. The EIR did not address the issue of the impact on weather on amphitheater
noise. Baldwin felt it was an extraordinary impact. Noise walls did not stop noise from amphitheaters in an
inversion situation which had also been acknowledged by the applicant. It was imperative that a weather condition
be known before Council approved an amphitheater, or understood the design of an amphitheater, or the potential
impact of an amphitheater. The noise standard imposed by CEQA guidelines was signilicantly higher and different
than the noise standard that was in the EIR. Amphitheater noise was different than freeway noise or airplane noise,
and was not readily measurable by standard noise techniques because of its relatively low frequency problems. The
proponents did a third test and Baldwin had just received the results and had not had time to review it in depth.
They did have a noise expert observe the test and his report was pending review. He expressed two areas of
concern, i.e. how the speakers were arranged which could have underestimated sound by up to 23 dBA and the
sample of music used did not have a low frequency of noise as was expected in a typical concert situation. Table
10 of the Fiscal Impact Summary included inflated dollars and not current dollars, I.e. net present value. He hoped
the City would review his conclusions to see if his fiscal analysis was corre~
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October 3, 1995
Page 10
. Greg Smith, Box 2786, Rancho Santa Fe, CA, representing SNMB the owners of most of Village 3 and Village
4, stated they were concerned regarding the proposal. They did not believe it should be at the doorstep of Otay
Ranch or pointed at Otay Ranch, Village 4, and up Wolf Canyon which was the estate area of Otay Ranch, The
project was confusing as the EIR stated it was an 85ft. structure 60 ft. above the surface and in the staff report
stated it was a 125ft. stmcture 100 ft. above the surface. It was an eight story building and the EIR stated it would
not be visual with the planting of trees and hurming. They could not make eight stories go away, it would be very
visible and the 125 ft. height was not evaluated in the EIR. He felt the EIR was one of the poorest he had read in
years and that it was a good justitlcation for the project. Birds over 60 dBA had nesting problems and the ErR
concluded that th~re was no signiticant eftect. A biological study was not a condition included in the EIR and it
should be along with no constmction during the breeding season. The average trip length was estimated to be 10
miles and unless half the trafllc came from Mexico that would not be true, thereby invalidating most of the traffic
and air quality analysis. Otay Ranch overlooked the facility at a much higher elevation, therefore, a noise wall
would have little effect. A reasonable alternative would be to study the impacts of turning the facility. The City
would pay for the road and he did not believe that MCA would pay the assessments for the widening of Otay Valley
Road. MCA would not pay all the City of San Diego's facilities benefit assessment (FBA) and development fees
which was a subsidy of $1.5 million. He suggested the City take the $1-$2 million and put it somewhere near the
trolley, west of 1-5, where it could help to revitalize downtown. At a minimum they felt MCA should have to study
rotating the facility so all the consequences would be known.
. David Wade, 419 Park Way, Chula Vista, CA, representing the San Diego Off Road Coalition, stated
approximately 200 people per weekend utilized the site as a riding area and had been there for the last 30 years.
He disagreed with the EIR's conclusion that they were "an insignificant amount of illegal trespass". Perhaps they
were an illegal trespass, but there were very few legal opportunities in the area. When the Wal-Mart area was
developed they moved into the amphitheater site. They paid fees as a special recreational group and a portion of
the fees went to Chula Vista. It was an unwanted project by the neighborhood.
Councilmember Padilla questioned if Mr. Wade felt the Council should consider illegal activity in it's decision on
whether or not to grant a conditional use permit.
Mr. Wade replied that it should be further investigated in the EIR. He did not believe that they were insignificant
no matter whether they were legal or not.
. Kimberly Marshall, 1621 Oleander Avenue, Chula Vista, CA, felt the con's out voted the advantages for the
City, She requested that Council look into and verify anything that would have an adverse impact on the
surroundings.
. Kevin Marshall, 1621 Oleander Avenue, Chula Vista, CA, stated Council had a tendency to look at the dollars,
but sometimes they needed to look at the families. If the amphitheater was approved those people that lived closest
to it would have to deal with trafllc, trash, and noise, He expressed his concern as to what affect those impacts
would have on the children in the area.
. Beverly Berwick, 1063 Waterville Lake Road, Chula Vista, CA, stated the vision for EastLake had been city
close, country quiet. She felt the MCA project jeopardized that vision, She requested that Council re-examine the
controlling vision they had for Chula Vista and make their decision on a 20,000 seat amphitheater accordingly, She
felt it would bring a lot of expensive problems to the City, and the short term revenues would be out weighed by
the long term damage to the City.
. Teresa Berwick, 1063 Waterville Lake Road, Chula Vista, CA, stated the future generation was tired of urban
sprawl and the decay that accompanied it. She felt the amphitheater was inappropriate for the urban setting as it
would destroy their quality of life, The City's energies should be directed in attracting clean and high wage
industries such as bio technology. computer software, etc.
. Betty Johnson, 1546 Olive Avenue, Chula Vista, CA, was not present when called.
. Keith Holbrook, p, 0, Box 31, Jamul, CA, stated the Bayfront project would be good for Chula Vista and would
not impact a large number of people, He currently utilized. the proposed area for the MCA amphitheater for
recreational vehicle usage,
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October 3, 1995
Page 11
· Bryant VanKleeck, 422 East Oxford, Chula Vista, CA, opposed the MCA proposal.
· Paula McCartin, 273 D Rancho Drive, Chula Vista, CA, was not present when called.
· Robert Moriarity, 1072 Ocala Avenue, Chula Vista, CA, representing BAN, stated he was a former police
officer and his past experiences with concerts led him to believe that there was a high incidence of drug Use at the
concerts. Drug use was to 00 expected at concerts and, therefore, very few were arrested and it did not show up
on police reports. He thought he was seeing a parallel regarding a "gypsy switch". He was afraid that some
members of the Council were very concerned about the financial welfare of the City and had been olfered a great
deal of money with "no strings attached".
Councilmember Padilla questioned if Mr. Moriarity believed that in some fashion the Council was being "duped"
by the M CA proposal.
Mr. Moriarity stated he believed that there were members of the Council that wanted desperately to find an easy
way out of the City's financial problems/future and they wanted to hear positive things that told them that it was
all right. There was considerable information available from cities that had amphitheaters that Council had not been
receiving and he felt that some of the Councilmembers were not open to receiving that information.
Councilmember Padilla stated he had been reviewing information for months. He was concerned that Mr. Moriarity
had made the suggestion that there was some type of "gypsy switch" going on regarding the proposal and he was
asking him to present the factual information Mr. Moriarity had based his conclusions on.
Mr. Moriarity stated his information had been received from those cities that had amphitheaters. They had given
informational packets to Council along with names of contact people. To his knowledge those people had not been
contacted. He felt the information most readily brought forward to Council was information that went through MCA
or their supporters.
Councilmember Padilla assured Mr. Moriarity that he would use all due diligence to make sure the City did not end
up on the short end of any business deal.
There being no further public testimony, the public hearing was declared closed.
Councilmember Padilla stated he did not prefer continuing the item and would be open to that only for a limited
amount of time and if Council could identify whal specific information they needed. He wanted to hear all
appropriate input, but there was an applicant that had worked with staff for a very long time and had invested a
significant amount of funds. He would not support moving the decision off for one or more months. The City
owed the applicant, based on the time and finances invested, to make a decision one way or the other. It sent a bad
message on how Council did business. Council needed to determine what information they wanted regarding the
Nederlander proposal and how long it would take to obtain that information. He wanted to see a hard sound test
on the Bayfront proposal, if it was possible, and what the time line would be.
Chris Salomone, Director of Community Development, responded that the Port staff had indicated they would do
a sound test within 30 days and were in the process of determining what type of test would be performed. The firm
that did the sound test for MCA had stated they would be available on 10/16/95 to do the sound test on the
Bayfront.
Councilmember Padilla stated the Council would be limited in the information they would be able to obtain on the
Bayfront project and, based on Nederlander's estimates, that information would not be available for 4-5 months and
by that time MCA would be gone. Council needed to be reasonable about what they expected to learn about a
potential competing proposal and the impacts that would have on Council's decision.
Councilmember Alevy stated he had studied the information closely and noted his wife was involved in the music
business in promotions for one of the major venues in San Diego and he was around it all the time. He felt the City
was fortunate to have two of the very best companies looking in the region and he was convinced that there was
a real commitment by both companies to put a world class amphitheater in the area. He was also convinced that
MCA would not withdraw their proposal if a decision was not made at the present time. Council needed to outline
those things they wanted staff to return with. They would know whether the Bayfront proposal was viable once a
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October 3, 1995
Page 12
real sound test was done. Many of the same concerns were also related to the Bayfront proposal. Council needed
to find out more about the Bayfront proposal along with further information regarding the agreement. He felt a 30
day continuance was reasonable.
Council member Moot felt specific questions should be answered, i.e. I) who would bear the extra cost of police
protection and clean-up and what that estimated cost would be; 2) was reproduced sound in a sound test different
from live sound; 3) concern regarding concert traffic short cutting through a residential neighborhood and using
Brandywine late at night - was there a contingency for controlling the situation if there was a problem and what
authority the City had to require that mitigation if that situation did occur; 4) the change in the noise ordinance and
the averaging of noise over a period of time - did that mean that the noise levels could exceed 105 dBA's provided
that it was only done once an hour or that if one loud song was played two soft songs would have to be played to
keep it under the average and, therefore, would not violate the ordinance; 5) what happened when the noise levels
were exceeded, was it a fine situation, and if so who paid the fine, at what level would the fines stop and authority
to operate be removed, how would the City handle chronic violations and what was built into the agreement to allow
the City to control that; 6) how were alcohol sales being addressed - was there a cut-<>ff time for sales, did the City
have a policy that would go into the agreement to control the sale of alcohol; 7) was there a curfew for
performances and what time would be appropriate, and should the time be different on weekdays than weekends -
input needed to be obtained from the applicant as to what worked for them; 8) staff should look at the issues raised
by Baldwin and the proposed noise conclusions, MCA should be given a copy of Baldwin's letter to address the
concerns; 9) he was uncertain as to the number of lanes on Otay Valley Road that would be available to move traffic
after concerts, it appeared to be three lanes and he wanted to get an estimate on the time period it would take to
get the cars out of the parking lot and onto the freeway; 10) he wanted to see a sound test on the Bayfront that
would be comparable with the testing done by MCA - he wanted the area of the mid-Bay front tested along with the
residential areas across the freeway, the trailer park, and marina; and 11) when the Villages were built out he felt
the noise would have to be mitigated and he wanted to know the specific enforcement mechanism - there was a 10
year lease that was renewable and if the City would have the ability to terminate the lease at ten years ifMCA could
not mitigate the noise to the proper level at that time. He did not want a long continuance and agreed that Council
had to be fair to the applicant. He could not support a continuance longer than 30 days.
Councilmember Rindone stated the packet provided the status of the Nederlander proposal in which the Project
Summary stated there would be no long term de-watering. He questioned whether that was realistic.
Mr. Delaney responded that the consultant was very knowledgeable of the water table. The only area that they
would need to penetrate on a construction basis for the water table was to put the pit in. It was a small area and
they would not put seals down in the water table. They were starting at grade and working up.
Councilmember Rindone questioned what stage shows had actually been presented at a Nededander theater over
the last two years.
Mr. Delaney felt Councilmember Rindone was addressing amphitheaters specifically. A list of classical
performances had been included in the Council packet going back 12 years. Performances had been done at the
Greek Theater, but the constraint at that facility was the fly tower. The proposed facility would include a fly tower
and loft that would allow staging.
Council member Rindone requested information regarding actual productions over the last five years at the
Nededander amphitheaters.
Mr. Delaney stated they could do the sound test very rapidly, but they were not allowed to do that. The Port had
determined that they wanted I()()% control, i.e. getting the proposals, etc.
Mayor Horton questioned if that could be done within 30 days.
Mr. Delaney responded that the Port had informed them that it could be done within 30 days. The issue was the
methodology as the Port was concerned with other studies that had been performed in San Diego County and they
wanted theirs more complete and involved.
Mayor Horton questioned if the type of sound testing done in Poway was more complete than the testing done on
the MCA site. n~tJL--c2.3
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October 3, 1995
Page 13
Mr. Delaney responded that was correct. It was his understanding that Poway had citiun listening groups posted
in areas rating sound on a scale of 1-5 and not just technicallevds, it was a different methodology.
Council member Rindone stated there was an allegation that the type of productions offered by MCA was not as
multi-dimensional. He questioned what type of venue would be offered by MCA.
Mr. Marciano responded that in the letters of recommendation received from Cities where they operated
amphitheaters there was one reoccurring word - family. It was an appropriate place to bring the entire family and
throughout the season there was a balanced schedule. They were not proposing to build a theatrical stagehouse.
They looked at 10 year operating histories of amphitheaters throughout the U.S. and could not find a trend for
theatrical shows. A recent newspaper article stated that 2,000 seat facilities were not able to fill the theaters.
Mayor Horton stated when she was at the test site all the speakers were lying basically on the ground. When
attending concerts they were devated and she questioned if that would make a difference in the noise impacts.
During the test she had been informed that the sound was 105 dBA's and she could conduct a conversation with
others and at concerts people could not hold conversations.
Mr. Marciano responded that the speakers were on lIat bed trucks. The test was run signi!icantly at 105 dBA's.
Mayor Horton stated when they were at the Point Robinhood site they could not hear the noise but when she went
home, which was about 5 miles from the site, she could hear the music.
Mr. Marciano stated it would be difficult for him to speculate on what was heard and how loud it was heard at the
Mayor's home without having been there.
. Jack Wrightson, representing Wrightson, Johnson, Haddon & Williams, Inc., Dallas, TX, stated the elevation
of the speakers would make a difference. They purposely limited the lIy height of the loudspeakers in the stage
house. The top of the stacks were at 15 ft. and in actual application the top of the stacks could go as high as 30ft.
The difference would be relatively negligible. It would only be a fraction of a dBA.
Mayor Horton questioned if the speakers were stacked in a horiwntal or vertical position.
Mr. Wrightson responded that they were stacked two high and six wide. Typically, at a concert they were more
vertical than horizontal which resulted in a very small difference in dBA '5. He was not aware of any technological
knowledge that supported Mr. Kilkenney's assumption that there was a 23 dBA difference. A 23 dBA represented
several thousand fold increase in energy and the simple geometric configuration did not account for that.
Mayor Horton questioned why the sound testing was not done utilizing speakers as they would be in the actual
setting.
Mr. Wrightson responded that there was virtually no difference to the fundamental conclusions of the sound test
and it dramatically increased the cost.
Mayor Horton stated his response conflicted with information she had been given from other sources.
Councilmember Padilla questioned the difference between the types of noise at the point of generation in terms of
the test and what did 45 dBA's of ambient noise meant and what it sounded like.
Mr. Wrightson responded that the character of the noise was important in how perceptible it was and how annoying
it was. Some people found some types of music more acceptable than others independent of the loudness and
frequency. Those were issues that the technicians could not address. That was why there was a standardized
objective noise tests. He then reviewed the noise contours within Otay Ranch. The predicted unmitigated noise
impact from the amphitheater, as contirmed by the sound test, was actually much lower than what Baldwin predicted
for roadway noise for the infrastructure to support the ranch. There was no better way to assess the impact on a
site than to do a sound test much in the way that it was done. The last sound test was under a mild inversion which
was typical for the area and the wind conditions were disadvantageous to the applicant. MCA had agreed to stay
within the City's noise ordinance of 45 dBA after 10:00 p.m.
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Councilmember Moot questioned if Mr. Wrightson could address the Council's concerns in written form and provide
it to staff within two weeks.
Mayor Horton questioned if MCA had ever gone past the curfew in any other .amphitheaters.
Mr. Wrightson stated there was continuous monitoring in Denver and they had not exceed the noise level. He could
not respond regarding the other amphitheaters.
Council member Alevy questioned if Mr. Wrightson was familiar with Desert Sky Pavilion in Phoenix.
Mr. Wrightson responded that he had not done any protessional work there.
Council member Alevy stated it had been designed so the sound was angled toward the center of the bowl on a
downward plane and also had an 8 ft. sound wall at the rear of the seating area. He questioned if that would
mitigate some of the sound.
Mr. Wrightson replied that there was a fundamental contlict between a house or venue provided sound system
versus the vast majority of the acts which contracted for their own sound to take to various locations and that
equipment did not angle down. Very few of the acts would use the house system.
Councllmember Rindone stated he was concerned about many of the issues that had been raised. He requested
information regarding: 1) policing; 2) soccer fields - multiple uses were important; 3) noise mitigation in relation
to weather conditions; 4) financial package - deal points as described in the report and the benefits to the
community; 4) unfettered tees as an approach, i.e. straight percent, make it clear what the City was going to get;
5) parking fees - would they have them, etc. 6) !lood plain - egress; and 7) corporate yard - ensure public safety
access at all times. He felt a delay could mean loss. The issues needed to be addressed and Council needed to let
the applicant know whether or not the project could move forward. Funding issues were only resolved by reducing
expenditures or raising revenues. The City also needed to provide good positive entertainment activities. He would
not vote for a project where all the details were not addressed.
Councilmember Alevy stated that comparative amphitheaters had 30-34 concerts per year and questioned the basis
for 50 per year. was that amount the number of concerts anticipated after 4-5 years and, if so. should the economic
information reflect less in the initial years.
Mr. Marciano responded that it depended upon the market, length of season, etc. In Toronto they did 43 shows
in a short season because they had 10 major artists that were indigenous to Canada. They would do 42 shows in
Dallas, 31 shows in Denver. They felt they could hit 50 due to the long season and that there was a music
indigenous to Southern California, which they had been very successful with at the Universal Amphitheater, which
was Hispanic music. When the Pacific Amphitheater and Irvine Meadows were open they had 72 shows per year
combined and they felt most of that was transferrable to San Diego.
Councilmember Alevy question if there was a decibel level restriction or curfew if they could still have a successful
program.
Mr. Marciano responded that they telt all the questions by Council were reasonable and that they had reasonable
answers and they could comply with satisfactory answers in a short period of time. If there was a reasonable
continuance they would "stick it out", if it became an indefinite "maybe" they would rather hear a "no".
Councilmember Alevy stated the representatives of the Desert Sky Pavilion in Phoenix felt it important that Council
get a definition of revenues in the agreement, Le. concession, parking, ticket revenues. food and beverage, etc.
He also wanted clarification of the City's expenditures. He questioned to what extent private security would
enhance what the City had to provide regarding police protection and security.
Mr. Goss responded that it was anticipated there would be a contract with the City to provide police officers for
security, There were two ways of doing that, off-duty officers or provide officers directly through the department
under the administration of the Police Chief, Captains, Lieutenants. That would be a cost which would be picked
up by the amphitheater.
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October 3, 1995
Page 15
Mayor Horton stated the major concern by the residents was the noise impacts. She questioned if there was any
type of indemnification agreement in case the City ended up in a lawsuit.
Mr. Goss slated he had directed staff to include indemnitication.
Mayor Horton stated she had grave concerns because that could wipe out any potential revenues to the City. She
questioned if staff looked at rotating the stage site so the sound would not impact the Otay Ranch project.
Mr. Salomone slated originally there was a different contiguration of the site and because of the impacts to the
adjacent properties in the City of San Diego, the facility was moved to the east and configured facing northeast.
He was not aware of any individual studies on different orientations. It was orientated away from the existing
residences and where it could be easily mitigated in the future.
Mr. Wrightson responded that all orientations of a 360. circle were studied. The orientation in the EIR provided
the least impact on existing and planned housing. If it were rotated to the southeast it would be placing more sound
on houses that were closer, i.e. Robinhood Ridge.
Councilmember Moot referred to the financial study by KMA, Table II, and questioned why it was projected that
the City would recover it's costs within 8 years if the City costs were $2.03 million, he questioned what those City
costs were.
Mr. Salomone responded that the tables were no longer a part of the deal or the proposal. The only participation
in the proposal being recommended was the physical improvements to the roadway which was $388,000.
Councilmember Padilla questioned how much time was needed to bring a report back to Council.
Mr. Goss responded that staff could respond to all questions except the information regarding a sound test on the
Bayfront within two weeks. Staff would have to work with the Port staff regarding the sound test.
Council member Padilla stated if all the information was available, except for the sound test, he felt it should be
continued for two weeks.
Mayor Horton stated the sound test on the Bayfront was very important to her as there were two projects for
Council to look at. She wanted to know what the City's options were and they would not know that until the noise
test was completed.
Mr. Salomone stated staff could work with the Port staff to expedite the sound test. The sound test information,
once performed was readily available in raw form the next day. He felt the raw data could be available in three
weeks. He recommended that staff work with the Port on a week to week basis and return to Council when staff
received the information.
Mayor Horton felt a time certain date should be set. She did not feel 1-2 weeks would kill the deal after MCA had
been looking for a site for 10 years. If they were to leave she would find someone wanting to locate at that site
as she had already been approached by someone else: In order to be fair to the City's residents and region Council
needed to look into all of the options. She did not feel asking for one additional week unreasonable.
Councilmember Moot stated the first meeting with a full Council would be 11/7 and he did not want to go past that
date and preferred to do it before if possible.
Councilmember Rindone suggested that Council meet in two weeks to look at all the issues except the Bayfront
sound test and schedule another meeting on 11/7 to address the sound test. He felt it could take more than one
meeting to address the issues. If everything was scheduled for 11/7 Council may not be able to address all the
issues and reach a conclusion.
Mayor Horton stated she did not want to get the citizens concerned when they did not have to. She felt there should
be one meeting to discuss the issue~
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Minutes
October 3. 1995
Page 16
Councilmember Rindone stated there were a lot of issues that needed to be addressed and staff felt they could be
answered within two weeks. It was through a spirit of cooperation that the two meetings had been suggested and
he felt it was fair to the applicant.
Council member Padilla felt Council should move toward a compromise. In fairness to the applicant, the sound test
for Nederlander, while playing a role was not one of MCA's concerns. MCA had spent a lot of time and money
and Council owed it to them to make a decision. Nederlander was not before Council and was not in the City's
jurisdiction. If staff felt they could answer all the questions in two weeks it should be considered at that time and
the sound test could be addressed on 11/7. if the applicant was agreeable, it was a good compromise.
Mr. Goss stated staff allocated their time as he directed and he could have a response to all Council questions in
two weeks. He felt the critical path was the sound test on the Bayfront.
Councilmember Moot stated there were significant sound issues that he had identified that MCA would want to
respond in writing to. He felt Council could look at Baldwin's concerns and MCA's responses regarding noise in
two weeks with the available information. which could be very productive meeting. The business proposal should
also be solidified in two weeks. If Council just covered those two issues in two weeks. with the clear understanding
that Council would not take public testimony again from those that had testified, Council would then vote on the
project at the 11/7 meeting one way or the other. It would be an action item to provide information and clarification
of issues with the specific understanding that the vote would be on 11/7 once the sound test was done.
· Hans Giroux, Giroux & Assoc.. EIR Noise Consultant. informed Council that the window of opportunity for
noise testing had just about passed. The concerts would not typically run into late October as far as experiencing
meteorological conditions that would be conducive to maximum noise impacts. If it did not happen in a couple of
weeks it would not happen at all.
Mayor Horton questioned when MCA conducted their noise tests.
Mr. Giroux stated the first test was done in July 1994 and the second test was done in September 1995 and it was
felt that was the optimum condition.
Councilmember Moot stated Council had made it abundantly clear that if Nederlander wanted to be considered they
needed to have a live sound test done and back to Council before the end of the month.
MS (Rindone/ Alevy) direct staIr to return in two weeks to provide resolution to: 1) noise issues raised by
Council; 2) ancillary issues mised by Council which included the EIR aspects; and 3) finalization of the deal
points for review by the Council. Staff is to calendar time certain 6:00 p.m. on 11/7 a public hearing on the
amphitheater proposal. The meeting 10/17 would be a report for Council to review with tlte public hearing
on 1117.
Glen Googins, Deputy City Attorney, stated the public hearing in the formal noticed sense was opened and closed
at the present meeting, so public testimony was appropriate on 11/7 and could be taken without a public hearing.
Councilmember Rindone stated that clarification was acceptable to the Maker of the Motion.
VOTE ON MOTION: approved unanimously.
13. PUBLIC HEARING ZONING TEXT AMENDMENT PCA-96-01; REQUEST TO ADD WORDING TO
SECTION 19.68,020 T.l OF THE MUNICIPAL CODE WHICH WOULD CLARIFY THAT NOISE
ASSOCIATED WITH THE NORMAL OPERATIONS OF ANY LAND USE APPROVED BY A
CONDITIONAL USE PERMIT IS CONSIDERED "ENVIRONMENTAL" RATHER TIIAN NUISANCE
NOISE - BITTERLIN-BRICE DEVELOPMENT PARTNERS, AGENTS FOR MCA CONCERTS, INC. -The
amendment would clarify the distinction between "nuisance noise" as opposed to "environmental noise" as it would
relate to conditional uses in general and the operations of the MCA Amphitheater in particular. The Environmental
Review Coordinator has concluded that the text amendment is exempt from environmental review pursuant to
Section 15061(b)(3) of the California Environmental Quality Act. Statf recommends Council place the ordinance
on first reading. (Director of Planning) Continued from the meeting of 9/26/95.
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October 3, 1995
Page 17
ORDINANCE 2642 AMENDING SECTION 19.68.020 T.l, TiTLE 19 OF THE MUNICIPAL CODE TO
CLARIFY THAT NOISE NORMALLY ASSOCIATED WITH A CONDITiONALLY PERMITTED LAND
USE IS TO BE CONSIDERED THE SAME AS NOISE NORMALLY ASSOCIATED WITH A PERMITTED
LAND USE (first readin!!)
Counci/member Moot recommended tbat the public hearing be continued to the 10/17 meeting in conjunction with
the amphitheater meeting.
This being the time and place as advertised, the public hearing was declared open.
. David Wade, 419 Park Way, Chula Vista, CA, representing the San Diego Off Road Coalition, deferred his time
to the date of continuance.
Council member Moot stated Council would be discussing noise at the 101l7 meeting and some of the questions
posed to staff dealt with the impact of the proposed change, i.e. did it create an average or a peak. Council did
not bave to vote on it at tbe 10/17 meeting but he felt it was related to the noise issues.
Chris Salomone, Director of Community Development, felt it could be addressed within the staff report. Legally
the item should follow the Council's action on the amphitheater.
Mr. Goss stated it could be continued to the 101l7 meeting and then on to the 11/7 meeting.
MSUC (MootlRindone) to continue the public bearing to the meeting of 10/7 and then on to the 11/7 meeting.
ORAL COMMUNICATiONS
. Olivia Ashcraft, 1505 Brandywine Avenue #B, Chula Vista, CA, member of BAN, spoke in opposition of the
amphitheater proposal. She expressed her concerns regarding the traftic impacts in their residential area.
. Carolyn F. J. Butler, 97 Bishop Street, Chula Vista, CA, requested written responses to the following
transportation issues: 1) how often the bus schedules were upgraded; 2) there was only one place to obtain the bus
schedule for the Nature Center and no available parking; 3) another place at "H" Street to provide better bus
scheduling; and 4) routes 703, 708, and 712 were bad schedules.
. Rod Davis, 233 Fourth Avenue, Chula Vista, CA, Chula Vista Chamber of Commerce, stated he had been
working with the directors of the National City and Imperial Beach Chambers regarding the planning of the tourist
train. He was concerned that the other two cities were involved in the planning and Chula Vista was not involved.
Councilmember Rindone stated the City needed to continue looking at tbe potential impact and that was why he had
addressed the issue over 18 months ago. Chula Vista was in the position of interfacing with whatever was being
planned on the bay front. He requested that the tourist train be added to the Bayfront subcommittee agenda for their
next meeting.
. Darren Chaker, 2260 EI Cajon Boulevard #400, San Diego, CA, stated he had approximately 1400 hours of law
enforcement training of which approximately 600 of those hours were received from the San Diego Regional Law
Enforcement Training Center. He expressed his concern with the unethical and illegal methods of training cadets
in ways to unlawfully detain, arrest, and falsely accuse citizens of breaking the law. He felt it appeared to be
motivated by racism. He requested that the City address the issue.
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
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..aaMIItGTOR fI~ ~c.
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PAX (1021 en.uo,
JlY TF.T;I!:CDPY
Glen R. Googins, Esq.
City of Chula vista
276 Fourth Avenue
Chula Vista, california 91910
R.e: RsRDOnS8S 1:.0 OUsstion Posed Durina' Oatnnar 3
Council Keari~
Dear Glen:
The following information, eo~i1ed from MCA and its
consultants, relates to the questions ra:Lsed by various members
of the City Council during the course of the October 3, 1995
publie hearing. I will paraphrase each question asked, iaentify
the Council member who posed that question, and then provide
MCA'1l response.
.
I believe the information provided in this letter, when
combi.ned with the resolution of the "business deal" that will be
reflected in the sublease, should assist staff in formulating its
response to all of the questions tl:J.at were nised (otber than
responses that are exclu.ivelywithin tbe purview of staff, e.g.
with respect to Councilman Alevy's que&tion concerning the
precision of staff's estimate of the amount the City will expend
to accelerate the coMtruction of off-site :road improvements, and
with reBPect to Counc:l.laum Moot'. quest:l.on conce:nling why the
Keyser Marston Atl8oc:l.ate., Inc. analysis refers to $2.03 mill:Lon
of City costs). If you believe, however, that more information
is required by staff, then please let me know. Iu any event, I
request that this letter be made part of the public record for
the continuaticn of the hearing.
1D1I.\....L ~ \_.....103
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FROM LATHAM & WATKINS SAN DIEGO
(TUE) 10. 10' 95 16; 04/ST. 16; 02/NO. 3560965428 P 3/12
U1'U.M .. WATK.lftS
Glen R. Googins, Bel!.
October 10, 1995
Page 2
1. Who bl!llr. ~he c:oat:. or. 'Do1ice !)rot.ec~ion f()~
eoncert. ~v@nts'i' (Mr. Moot)
Paragraph VII. J. of the CQl)ditional Uee Permit for tbe
alllphitheater project: requires MCA to "provide all . . . event
..curity . . . to the satisfactiOJ1 of the Chief of Police."
paragraph VII. J. further prclVide. that "All costs Il8SQciated
with the implelllentatilm of this condition shall be paid by tile
Applicant. n ~r tile requeet of City staff, iJ1cluding tile Chief
of- police, MCA i. preparad to hire off-duty _mbera of tile Chula
Vista Police Department to provide this evut .ecurity, This is
the standa;rd practice in 1IIOst if ZI.Ot all of the COlIIIIlUnities in
which MCA operates. The practice is advantageous because it
allows event security personnel to 1ll8ke ar~st" when and if
required, without the involvelllent of OJ1-duty police personnel.
thereby elimi~ting any additional demand on on-duty resources.
Typically, it i. al.o perceived to be a. beneficial opportunity
for additional work by the police officers themselves.
2. Is the tvne or CUB.llt:v of the nm'rndut!M annnn
~~:t waB used for the .."una. tests ...l'''',,!uct~d bv MCA different than
B~ nroduced by live nfl!rfnnnil.nof!u;? (Mr. Mootl
For the sound test. Wrightson, Johnson, Haddon "
Williams, Inc. ("W.nDfn) I MCA'B sound cOJ1sultant, used wbAt many
people would consider to be objectionable IllUsic: heavy metal/hard
rock. A selection which offers little variation in loudness
through the song was chosen and then repeated for consistent
measurementl!l. NO equalization was added to the system (Le.,
nothing was changed to vary the intensity or tonal balance of the
music). In ocher words, every effort: was made to reproduce the
music as recorded, and to u.e lIIW1ic whioh represents a. typical.
"loud" concert.
The louana.. and tonal quality of a given artist'B
recorded \lIUsic generally eorresponds to the loudness and tonal.
quality of itlll live perfOrmanc!es. However, live music typical.l.y
offars more quiat moments than does the music used for tba sound
test, becauBe live p.rfo~rs change, tal.k between songs, etc.
The average SCWld l.evel. for a concert is ufilUal1.y lower than for 51
sound test, wbere the same songi. played over aDd over.
3. Row v~11 ~ra~fie .xitiftQ aMOhithe~tAr RVRnt. be
cont:rolled.. and. in ~art:icula.r what will b& tba affect Oft
Rrandywina Str..t:.? ,Mr. Moot)
Paragraph VII. J. of the Conditi~l Us. Permit for the
amphitheater project requires MCA to "provide all . . . traffic
BDlI0\",51\1lc&\lOOQ'iu.1DJ
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"d{e>1
FROM LATHAM & WATKINS SAN DIEGO
(TUE) 10. 10' 95 16: 05/ST. 16: O2INO. 3560965428 P 4/12
Li'TIIAN . ......T1UKS
Glen R. Googins, ssq.
OCtober 10, 1995
Page 3
control management . . . to the satisfaction '.If the Chief of
police. " Paragraph VII. J. further provide IS that "All costs
associated with the impl~ntation of this OOD41tion shall be
paid by the AppliClant." Paragraph vn. H. of the condit:1ot1&l Use
Pe:nnit requires MCA to "be tbe lead party in forming and BYents
Planning and Coordination Task I'orce" in cooperation with various
departments of the City, in orcler to develop a ClOlIIPrebezlalve
Bvents plan to address traffic control as _11 as other aspects
of the alllpbitheater operations. The Events Plan is to be
reviewed armually. 'l'be preeent expectation, as is described in
Section 3. 2 of the Bnvlro!:lllleJltal IlIIPaat Report, i13 to deploy
traffic control personnel an4 equipment (such as cones,
barricades and signage) at critical locations and lutenections
(ilJcluding Brandywine Avenue) between the project dte and
:tnterstate 80S, begirm.:ing appro:d.mately two hours before concerts
co_nee, and after concert II conclude until the exiting traffic
helS been acc01lllllQc1ated. '1'he purpose of the traffic control
personnel and equipment i8 to expedite the flow of traffic to and
from the freeway, and to prevent concert plltrolUl from UIIins
residential etreete for acce13s.or parking.
4. What is tbe 'CurDOlSe and effect of the 'Cro'DOsed
amendment. to t.he Citv' B HO~BI!l Ordi",.nt"!e? CMr. Moot)
The purpose of the amendment is to clal:"ify and codify,
at MCA's request, the C:ity'8 prssent interpretation of its B01se
ordinance ae it relate. to sound produced by activities that are
legally permitted to occur on a given parcel. The Noise
Ordinance makes a distinction between nenvironmental" noise and
"nuisance" noise, but thellle two defined terlDS are net interpreted
according to their vernacular or every-day ulIIage. In other
words. und.er the ordinance, nenvironmental" noise is not limited
to sound created by t1&ture. Rather, the Noise Ordinance
presently defines "environmental" noise disturbances as nnol13e
disturbances relSult1ng from land use activity normally permitted
under the land use code, but which exceed the noilSe level limit13
set by this code fOr that particular land nae. If (Municipal COde
i 19.68.020 T.) '!'hue, under the Noise Ordinance as presently
written, sound emanating from, for exalllPle. a steel mill, a bus
station or a qua=y would c:onstltute "environmentaln noiae 110
long as those activities a~ being conducted on land zoned for
those ulles. '!'he amendlllent to the Noise Ordinance requelStad by
MCA merely lIe.ks to make it clear that sound emanating from the
amphitheater, as a conditionally permitted use, will be treated,
for enforcement purposes, the 8l1111e way as sound emanating from
any othel:" use pernlitted by the underlying zoning. This is
cona:l.stent with the City' II interpretation of the 1II'0:l.se Qrd:l.nance
.s presentl.y written. The requested amendlllent merely assures
enIO\1IP!ii1,--.\pog1JUl.1DJ
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HlUM LAltwlll'. "Pdl\IN~ ~/IN Ul~l1U
\J.UCd IV. IV ~v IV,Uv/LH. IV.VWI'V. VoJvU\JVV-'I-V ..
I,.AT""''' a. _,4.TCINS
G1.en R.. Googinll, Bsq.
Octobe~ 10, 1995
Page 4
that sDW1d emanatiJIg from the amphitheater will be regulated in
the same .....ftft... as .ound emanating from other lawful bUlline..
activities throughout the City.
under the Noi.. o~ce, the dB (A) limitll lIet for
"environmental" DOi.. are _su:rad by refe~ence to the Leq lIound
level in any hour, wberea8 the dB (AJ limit. Nt fQJ:" "nuisance-
noille disturbances (i... noi.es which are DOt u.sually usOC!iated
with the permitted land un IIDCl are alsO harmful to hea1th 8JJd
wen-being, per Municipa1 Code I 1P.68.020 '1') are not to be
exceeded at anI time. Por most 1I0unds, averaging provides a
bette~ predict on of cOlllllWlity aDIloyanC8 than does peu
_allurements. (All an eplllple, ai1:port lUI.d high-y noll1. are
ol!ten averaged over 24 1'Klu.r, 365 day annual ~:1ods. Were tbe
illlP4ct of the U1Phitheater averaged like ai:rports and roads, the
noise contours would indicate \llUch lower lIound 1evels.)
All a practical matter, the difference between ave~lI9ing
and peak 1.evels can be quite small for a papular \llUllic concert.
Thill ill due to the fact that the dB IIcale is logaritbmic. If a
concert were meaeured at 70 dB (A) for 30 minutes within the hour
measuring period, and at 60 cSB(A) fo:z' 30 minutes, the average
would be 67.4 dB (A), If the sound were 70 dB (A) fOr one minute
and zero <1,e., dead quiet) for 59 llIinutes, the one bour average
would be 52.2 cSB<A) . As can be seen from these examples, the
peak or high sound. levels control the average. In practice,
because t.he Leq sound level measurement technique llpp1.icable to
"environmental" noise produces an average sound level that is
very heavily weighted in favo:r of peak sound. levels that ocCur
within the measurement period, the disti11Clt.ion betw_n the no!...
levels limit.s applicable to "environmental" verllus "nuisance"
noise is quite smal1~
5.. Wha~ hRnnPlnR it ~he Citv's Noise OrdinAnce is
vio~ated bv AntOhi~heat:~:r O1:JAT'ations? (Mra Moot}
paragraph VII. D. of the Conditional Use Permit for the
amphitheater project requirell MeA. to pay for a sound 1I1Onito:ring
program to be implemented by the city when ClevelopJllBllt ol! future
residences within the .5 dB (A) (the lowest level of sound
regulated by the City'S Noise Ordinance) contour identified in
the environmental illlpact report i. ill1lll1nent, or when ccoplaint.
are received frOlll existing residents. xf the mcn1toring
indicates that the City's Noise ordinance is being violated by
the amphitheater, then lllCA IllUst post a bond in an llIIIDUl1t equ.al to
125' of the estilllllted cost of cOnlltructing permanent noise
lIIitigation lIIeasures, lIUch all a sound wa1.1. and if MCA fails to do
so, then the conditional use permit can be revoked.. In addition,
~'O\.~1\aca\fOO!l~.la3
~
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VI 1"-
~b3
FROM LATHAM & WATKINS SAN DIEGO
(TUE) I D. 10' 95 16: D6/ST. 16: D2/NO. 3560965428 P 6/12
LA TRAM a W' A T1ttlfl
Glen R. Googins, Esq.
October 10, 1995
Page 5
if the violation is affecting existing residences, then the city
l\IB.y require MeA immediately to implement operational mitigation
measures (e.g. turning down the volume). If operational controls
are not .ufficient to eliminate the violation., then MCA must
COnlltruct the permanent mitigation _.sur.., or face the
revocation of the conditional use permit.
fj . Will MeA acrree to terminate alcohol lIales bv a
tima certain? (Mr. Moot)
MCA will agree to te~inate alcobol sales one hour
after the start of the headline act. '1'ypically, this _iU1S that
alcohol sues would terminate an hour an4 one-half to two hours
before the end of the concert event. In aM:l.tion, MCA w:l.ll ~ee
not to sell IIlQrB than two ch'inlcs to anyone adult in a single
transaction. ('1'bat is, a single adult will not be able to buy
three or more drinks iJl. a siJl.gle trlllUlRction by contending that
they are for his or her friends.)
7. )lhat. would be toll. .ffeat: of a curfew on MCA.' a
oDeration of the A.umhit:.heat:.er? (Mr. Moot)
A curfew is extremely troublesolllB for any amphitheater
f~cility. A curfew (10:30 p.m.) is ,imposed at only one of MCA's
a1llphltheate:t"s (Fiddler' e Green in Denver), and there it causes
significant artist and cu.stome:t" dissatisfaction as well ..
operational problems. The proble_ ar1.e because the artists do
not want to begin their performances until it is dark. 'l'his
allows the stage lighting to p~uce i~s intended d~amatic effect
and enhance the concert experience. Du:t"ing the S\111llllBr concert
season, when it will not get sufficiently dark until 8:00 or 9:00
p.m., a curfew woulct require either that the artist start early,
in which case he or she i. unhappy, or to shorten tbe show, iJl.
which case the patrons are unhappy. Theile two alternatives, both
of which are unattractive, would make it more difficult to
attract artists to the venue. In addition, if the curfew malces
it necessary to start the performance ea:t"ly, operational problems
are expe:t"ienced in that traffic flews into the amphitheater then
occur du:t"ing rush-hour peaks. In light of these considerations,
MCA would prefer not to bs restricted by a curfew, but would
reluctantly accept a curfew of 11:30 p.m. on weekdays and
midnight on weelteDds.
~.O\~51\mc.\9OOI~.103
~
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d- L~ 11
FROM LATHAM & WATKINS SAN DIEGO
(TUEllO. 10' 95 16:07/ST. 16:02/NO. 3560965428 P 7/12
LATKAM 01;, 91"'''''1"'
Glen R. Googinlil, Bsq.
October 10, 1995
pa.ge 6
8.
the October 3.
Cl1UDci1? (Mra
whAt ia thA r&S'O~n.~ ~a r-.ha VR.~~~tI. ~in.~. fI'lad. in
1995 1etter .ubltl'l..~'t.ed bv Mr. Ii1kennv 1:.0 ebe Ci.ty
Ml'V'ttl
RecrardiJ:1Cl' Inverlliona .."t1 Weathar ('''''dltions - Tbs
effects of prevailing winde, land topography and invsrsion
conditions wara taken into aocount by WolHW for purposes of
creating the sound level contourlil analyzed in the enviX'O~"''''J)tal
impact report. '1'b.e cont~:r:. 4escribe the enveLgpe of impact over
average coDditicms, inclw:ling favorlUlle amd adverse _atber
conditions, and tbull are C:Onllervative. In a4dltion, WJHW
calculated that sound wal18 at the MCA facility would achieve
noi.e reCluction of 10-15 dB (A) in the 250 Hz and 500 Hz ootave
bands (mCl bass and mid fr.~DCie. controlling the dB (AI value),
but to be Clonservative usuliled. wall re4uetions of only 5-6 dB (A)
to accOUl1t for mild invereion effects. '1'hese are the reasClZlIl why
the SO dB (A) contour ic!eatified in the envi%onmental impact
report is SOllie 9 dB (A) higher than the .ounCl level. meaeured at
the location of that contour during the sound teets.
'rhe genesi. of Hr. Kilkenny's coaments concerning
inversions and weather conditionll appears to be the sound
p~blems 88sociated with the Shoreline ~hitheater in Mountain
View, california. At Stwreline, the severity of the temperature
differential that i. present in a typical inversion condition and
the elevation of the invereion, boundary combine to create the
80und problems associated with that facility. Moreover, at
Shoreline, the .ound is p:rojected over wateJ:', which causes it to
travel longer distances. .
However, in these respect. the MCA .ite in no way is
similaJ:' to tbe Slwr8'line amphitheater. While temperature
inversions enst on the MCA site, information provided by tbe
National Weather Service indicates they are substantially
different in BeveJ:'ity, duration, and frequency Cluring the concert
seaeon than those encounteJ:'ed at Slwre1ine, llIeaning that the
inver.ion conditions in Chula vista "ill not have the .allle
deleteriou. effects as those at Shoreline. Thie conclueion is
.upported by the Septeml::Jer 18, 1995 sound teat, which wa.
conducted during inversion coDditions, and the results of which
substantiated the Bound contour. analyzed in the environmental
impact report.
Reaardincr Noilie St..n....rds - Mea. is bound to observe tbe
Chula Vista Noise Ordinance, even though the 45 dB (AI Btandard
established by the ordinance for impacts on residenceB after
10: 00 p. m. is more stringent than MeA. I:Ielieves necessary, based
on its experience, to avoid sound probleme in the community.
_,,''''''''''''''''''''''iIW .10'
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FROM LATHAM & WATKINS SAN DIEGO
(TUE) 10. 10' 95 16: DB/ST. 16: 02!NO. 3560965428 P B/12
LATIUM ~ "'AT1tIKO
Glen R. Googins. Bsq.
October ~O, ~995
Page 7
As a practical matter, performers yill have to comply
with the tIIOre stringent standard established by the 1II'oise
O'rdinance erven before 10 :00 p.lII. In order to be quiet enouSJh
after ~O:oo p.m., M~ will insist on appropriate aound levels
prior to 10100 p.m., as it is unacceptable to both the artists
and the paerons suddenly to reduce BOund levels in the last hour
or so of a performance.
,
The e:x:iliting (in some cases lower) ambient noise levels
dited by Mr. Kilkenny, relatiDt,J to the Otay RaDc:h in its current
undeveloped ClOndition. are an inappxopriate stan4ard. for
evaluation of the a1DElhitheater. The conce:rn is for the impact of
the amphitheater on residences. once residentia.l development
occurs within the Otay Ranch, the predicted noise l~ct of the
proposed :roadway syatem within lIIuch of the Otay RanCh is higher
than the predicted impact of the amphitheater.
ReaardinO' MAa.lKUr!!1C1' .Al'mhith8At.er lIoi!!. - CUrrent.
devices accurately measure amphitheater sOl.U1C1 levels. WJHW does
not expect that very low frequencies will be beard to any greater
extent than mid frequencies, and believes that dB(A) is an
appropriate metric for measuring' sound levels as defined in the
City standards.
'1'he problelllS alluded to in Mr. lCilkenny'. letter do not
relate to measurement and standar48, but rather to
categorization. Amphitheater eound i13 music, and di:l!ferent
persons have different tastes in mu13ic. Regardl... of
objectively measured sOl.Uld level or subject.ive loudness, for any
given. indivic!ual, sOllIe sounds are more objectionable than others
due to their nat:ure and conten.t. It: is not poll sible to
incorporate distinct:~ons of taste into a noise ordinance.
Reaardina the SeDtember 16 Test - w.:mw is a"are of DO
scientific literature Which supports the assertion attributed to
Dr. FOlih by Hr. Kilkenny'S letter (to the effect that the noise
contaurs studied in the enviXODJl\ental, impact: report were
understated by as much as 23 dB (A) because of the arrangement of
the speakers dur;l.ng the sound te.t), nor are they aware of any
empirical 4ata from the over 100 amphitheater shows they have
meallured which IIUpport the alleged 23 dB (Al underest:l.mate. WJHW
de13igns large. sophisticated loudspeaker arrays for many l~e
entertainment :l!acilitieli. Were it possible to SJ&in 23 dB (A) at
the distances under consideration by simply changing the geometry
of these arrays, everyone would do &0 for tbe simple reason of
perfonnance economics alone. The overhead of traveling with
extensive sound sy5tems could be dramatically reduced if it were
SD1eO\"'J.\~\gaqgiN.1I::IJ
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FROM LATHAM & WATKINS SAN DIEGO
(TUE) 10. 10' 95 16; 08/ST. 16; 02/NO. 3560965428 P 9/12
LATif A" ~ WATltlNS
Glen R. Googins, Esq.
October 10, 1995
Page e
pOlJlJible to design a _ller system which gsnerated an additio~l
23 dB (A) (which c=e~ond8 to 800t lIIO:r:e aCOUBtic:al energy) .
,
concerning the selection of the muaic sample, as is
indicated above, the best wae conducted using a .elect~ that
many people would cOJUtider to be objectionable llJld repre.entative
of a typical "loud- concert.
p_qlll,..dlna thA rmmhith-.t:.er Piscal B.ft_1.y8.i1ll - with
respect to the fiscal. analy.i. p:r:esented by Mr. UlkeImY, he is
in error when he concludes that the fiscal analysi. prepared for
the City by KeYller Marston .lUIl/ociateB, Inc. doe. net incorporate
a present value analysis. In fact, Keyser MarIIton llJIsocilltes,
Inc. conceded that the 10% discount rate they applied i.
relativel.y high, thereby reducing the p:resent value of the
estimated financial benefit to the City. (See, e.g., page 9 of
the K.eyser Marston Associatell, rnc. report.)
9 w Jlow ml!Ul'V 1RftAB wi.11 ~ URAd to _xiI:. t:.he
:mD~;t~e~;:; ~~~ ~:~ r~i~~ ::d~ and haw Inn.. will it take to
ftID t'1 r a 0 rttt'_Arlltate 8n~? (Mr. Moat. \
As is de.cribed in 5 3.2 of the environmental. impact
report, the primary flow of exiting traffic will be north. and
west along Otay Valler Road to InteX'lItate 805. 'l'bree
northbound/westbound aneB will be provided for the entire
. stretch between Otay Jl,io R.oad and the :Ereeway. As described
above, special traffic control personnel and equipment will also
be utilized. With the.e outbound lanes available, it should be
po.sible to empty a full capacity .u4ienca al.l the way to the
freeway in approximately one hour.
.
10. JfoW manv live theater .,roducti0n8 have bean staaed
~1 ~~h~~:e~;..r facilities bv the Niederlander orcmnf.ntion
t st five t.o tEln vAars? (Mr. Moot)
MCA has provided City staff with data COlIlpilec! by
pollstar, an independent inclUlltry publication, that indicates
that the Niederland.er organization hall not ~t.4 a live
theater production in any of its outdoor amphitheater facilities
for ten years.
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FROM LATHAM & WATKINS SAN DIEGO
(TUE) 10. 10' 95 16: 09/ST. 16: 02/NO. 3560965428 P 10/12
\.ATII.4U. WAnllfS
Glen R. Googins, Bsq.
October ~O, 1995
Page 9
11. ~ld ""'''''~Tt sound mitiaatio.. bl!!! acCOll1Pli.ahed
;~:~; ~ ~~~;; ~:e staCIe lIOukers towud the crro1''''''. a. ma.y be
. a; DI!I rt t1kv PRv.ilioD 1..n Phoenix. Ar~zon.a? (Mr.
Alevvl
Angling the house speaker system t~ the grouDd by
itself is not a sufficient sound mitigation technique because
most arti.ts tour with and use their own sound equipment rather
than the house ~tem,' The design of this facility will control
the so~ produced by the artist.' touril:l.g equipment by placing
limit. Oil. ataclting height:.
12. Is MeA. wi11ina to aet!Olftft'Int'fate vout:.h lIoccer fie1ds
in t':he arA.I!;IH c.;1ci;g ~;;; f~r the anmhith@:ater? (Mr. Rtndone\
MCA is willing to wo:rk witb the City's Paru and
Recreation Department al1d the Califo:rn!a Youth Soccer Association
to accommodate use of the overflow grass parking areae for .occer
fields. A preliminary schematic ana1ysi. indicates that the
overflow grass parking areas could accommodate three full size
fields, and a greater number of smaller fields (the size of tbe
fiQld used variea depending upon the age group of the playersl .
The overflow gr..s parking areas presently have been
deliigned (including land.acapil1g, l1ghtiIJg and irrigation ayatelllS)
based on input received during MCA'S processing of its plans
before the City' Ii De.ign Review Co1mIlitt.., only to acc01lllllOdate
parking. MCA is williDg', however. to cooperate in the redesign
and construction of these anas and syete1llS 80 .. to provide the
flex.ibility desired and to IIl1nilllize the onsoing _intel:l4nc:e
expenses that will be incurred by the City'S Parks and Recreation
Pepartment and/or the Califo~ia Youth Soccer Association, as
they among themselves dete:mine.
13. ArA t.here any A'Oeoial ae:CSIlIiI tasuAI; that raault:.
f~om che proximi~; ~f the faciliev ~o ~he flood Dlain? (Mr.
Rindonel
No portion of the alriphitheater facility or its
associated pa:J:'king is within the 100 year floo4 plain. If.
flooding were to occur end prevent access to the amphitheater,
then scheduled co~ertB would be cancelled.
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FROM LATHAM & WATKINS SAN DIEGO
(TUElIO. 10' 95 16: 10/ST. 16: 02/NO. 3560965428 P 11/12
LJlTII^/lC . W^TIlIW'
Glen R.. Oooginlil, Esq .
October 10, 1995
Page 10
~~l~;~? ;:~~ ::~;E:ri:f:upv..:~etf a~:~s f;~ii~v ct;v' s
Paragraphs VII. J. and O. of the GCmd.itional use peJ:lllit
require MCA to provide prio:dty acce.., including via a lIeparate,
g.ted, all-_atber ....m.nt, to the corporate yard.
15. How does MC!A .ubst:.ant:.lat:e t:.1u! nUJllbt!r of C!Cm.cert:.
dat:AfI . &ssnm_d in ~h8 Dro-teet .".lvsis creaart!d for t:ha Cit:v bv
Kevser Marston Aasociat:f!!tfl ~ 7nc.? rMr. A1l1!!!lvvl
I
MCA'. projection of 50 .how. per year, a. analyzed by
Keyser Marston Associates, 1m::. , is based on its experience with
othex- venues, the e~ended length of the concert season at this
venue due tg tbe favox-Bble climate, and the artist fOX"lllBt, which
will acco~date a wide range of artists due to the diversity of
the Chula viata dBll109X'aphic. .
1.6. Does the "business deal" conteftl1)late that the City
receive a share of MClI.'s revenues from carkina and concas.lions?
(Mr _ Alevvl
under the ground lease with respect to the project
site, the tenant 1s obligated to pay the landowner a ~eif1ed
amount of ntinimutn rent, as well aa participation rent based upon
the gross revenues of tbe project. (]Jlder the ter!llS of the
sublease between MeA. Bnd the city, MeA. will pay these alllOUnta
directly to the lmdow.ner on the City' a behalf. In addition, MCA
1&: obligated to pay to the City an annual special _se.ament,
which i. calculated only by :reference to ticket revenues.
.
~ 7. will MCA 4"'''''mnifv the city Ilaaingt 11.ti'iJation
SXDosure relatina to the amnhi theater aro~ aet? (Mr. _ Horton 1
Pursuant to t~e ground lease, the subleas. and the tri-
party agreement, MCA doeEl prov;l.de certain indemnities to the City
relating to MCA'. oper.tion of the &llllphitheater, and the owner of
the land agrees to looJc solely to MCA, EUJ.d not to the City, for
the discharge of the tenant's indemnifieation obligations UDder
the ground leasa.
18. Did MC!A. .~udv eM effect of rotatina th& lItaC3'S
houge. ~art:i~ulAr1v to a Bout:.hsasterlv orientation? lMrs.
Rort:.cn)
The effect of ~tating the stage house around a full
360 degree arc was studied. The proposed alignment was found to
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FROM LATHAM & WATKINS SAN DIEGO
(TUE) 10.10' 95 16: la/ST. 16:02/NO. 306U9o04,U l' J,m
LA'nlAIl ~ WATltINI
Glen R. Googins, Esq.
OCtober 10, 1995
Page 11
produce the lCJWellt llJJlO'UJ1t of W\JIIitigahle aound illlpact on ex1ating
and planned realdential developllll!Jl.t within Chula Viat. and san
D1.go . While the .0UJld. illlpac:t.1I of the proposed alignment on
existing and propoaed :residenoes C:lUJ be fully mitigated. rotation
of the stage to . aoutheallterly orientation p:roduces sound
:Llllpac:tll on the existing' ancl pl-....ed :reaiCl.enoelJ to the aouth of
the project (e.g. Robinhcod Ridge) that could not J3e lIIitigate4 by
sound walla or other feasible lIIitigation _aaurea, due to thair
proximity to and elevation above the stage.
Very truly yourll,
~
Jon D. Demoreet
of IA'1'HAM &: WATKINS
C:C : ~. Jay Marcianc
Adam Priedman, Esq.
~. Chris Bitterlin
Mr. Chris Salamone
Mr. Joe tolonaco
.
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ATTACHMENT C
ClN OF
CHULA VISTA
OFFICE OF THE CITY MANAGER
October 6, 1995
Mr. Dan Wilkins
Senior Director
Community and Governmental Affairs
San Diego Unified Port District
3165 Pacific Highway
San Diego, CA 9210 I
RE: Bayfront Amphitheater Proposal
l~..-
Dear Mr-.-Wilkins:
You are undoubtedly aware that there are two competing amphitheater projects proposed for Chula Vista. The MCA
amphitheater project is within the City of Chula Vista and the Nederlander amphitheater is proposed to be built on Port
District property on the Chula Vista bayfront.
Since the City will be impacted by the operation of either amphitheater proposal, the Chula Vista City Council, at its
October 3, 1995 meeting, requested that they receive information about potential sound impacts from the bayfront
amphitheater. They requested that this information be provided to them so that they can make a decision on the MCA
project no later than November 7, 1995. It was also requested that the identical test protocol apply to the bayfront site
that was used for the September 18, 1995 test performed at the Otay Valley Road location which is also being
evaluated as an amphitheater site.
Sound Image, the same company that did the September test, is available during the week of October 16-20, 1995. I
encourage you to engage this company so that we can have identical sound comparison data.
So that adequate comparative information can be obtained, the City of Chula Vista requests that the test be performed
between 7 p.m. and 11:30 p.m., that the music is typical of a "Heavy Metal" rock concert event, that the noise level at
the mixing console (loo feet from the stage location) be at 95db and J 05db levels and that the speaker array and
configuration be the same as applied during the M CA test. We can provide you with the specifications for the test
protocol if you desire.
Your assistance in making arrangements for the sound test is very much appreciated. The City will assist in arranging
for the proper noticing of our citizens.
Thank you for you cooperation.
Since"?ly,
Of:.
/ ~ohn D. Goss
. City Manager
JDG:dt
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276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691.5031 . FAX (61/'::5.5612
*,PlIlil.c.:nsu..~PJpa
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ATTACHMENT D
Mitigation from Mitigation Monitoring Program for MCA Concerts, Inc. Amphitheater)
1. Complete the widening of Otay Valley Road from I-80S to Nirvana Avenue to provide
the ultimate six-lane cross-section and median or, as an interim measure,
2. Complete the widening of Otay Valley Road from I-80S to Otay Rio Road as currently
planned by the City of Chula Vista.
a. From Nirvana to northwest of the Otay River crossing, modify the planned
improvements to provide three westbound lanes and two eastbound lanes.
3. Between Otay Rio Road and approximately 1,200 feet northwest of the Otay River
crossing, provide channelization/coning of traffic during events to provide three
eastbound lanes (inbound) for arriving traffic while maintaining one westbound lane. For
departing traffic, provide three westbound lanes and one eastbound lane on Otay Valley
Road. This would be accomplished through use of traffic control on Otay Valley Road.
4. Ensure through adequate control, monitoring and enforcement that event patrons park on-
site and not on surrounding streets including Otay Valley Road.
5. Modify the planned southbound I-80S off-ramp channelization at the Otay Valley Road
interchange to provide exclusive left, left/through/right, and exclusive right turn lanes.
6. Provide one traffic signal at a location to be determined by the City (Otay Valley
Road/Otay Rio Road or Otay Valley Road/Spy Glass Hill Road). If the signal is placed
at Otay Rio Road, on-site circulation patterns and access control for non-event operations
(i.e., industrial park, corporation yard and open-air market) would be dictated by the
signal location. Under this scenario, open-air market traffic would enter at Spy Glass
Hill Road and exit at Otay Rio Road. Under either scenario, the intersection of Otay
Valley Road/Heritage Road at Spy Glass Hill Road will require cleanup (grubbing,
clearing and grading) on to the south to improve sight distance.
7. Develop and implement a management and mitigation monitoring program acceptable to
the City of Chula Vista Traffic Engineer. The following measures shall be incorporated
into the plan and implemented as mitigation, however, the City Traffic Engineer shall
modify the plan as necessary to address any changes in traffic characteristics over time:
a. Establish a Management Team consisting of MCA Amphitheater management,
City of Chula Vista, Caltrans, CHP and law enforcement personnel for oversight
and continued surveillance of the facility and associated events.
b. The applicant, prior to Opening Day of the project, in concert with the
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Management Team will develop a Traffic Management Plan (TMP) to be used
during the first year of operations. The plan will identify traffic control,
directional signing, variable message signs, traffic control officers, coning, law
enforcement and parking management procedures to be followed for the various
size and types of concerts.
The plan will detail the manpower and equipment requirements. Also, the plan
will necessitate securing an Encroachment Permit from Caltrans to implement the
recommended procedures.
c. Prepare plans for directional signing to and from the amphitheater during events.
These plans will need to be closely coordinated with the City of Chula Vista,
Caltrans, and the City of San Diego. Event or temporary signing would be
required on 1-805, Otay Valley Road and Otay Mesa Road.
d. Prepare and implement traffic control strategies and equipment requirements for
the intersections along Otay Valley Road and at Otay Valley Road/Heritage Road.
These strategies will need to address manpower and equipment requirements and
determine the hours of operation.
Due to the heavy peak demands at the I-805/0tay Valley Road interchange, traffic
control personnel will be assigned to assist in directing of traffic at the
interchange as well as at signalized intersections along Otay Valley Road during
full capacity events. Traffic control personnel and barricades will also be
employed at Oleander Avenue and/or other local roadways as necessary to direct
traffic and eliminate short-cut traffic through residential areas.
e. Develop and implement an onsite access plan to minimize conflicts with
pedestrian traffic and vehicles, adequately place pay points, and determine
procedures to fill the parking areas from Otay Valley Road via Otay Rio Road
and Spyglass Hill Road. This dual ingress scheme may need to load both roads
with inbound traffic simultaneously. The plan will need to include:
Channelization/coning plans and traffic control personnel requirements;
Location and number of pay points;
Pedestrian control onsite and to limit pedestrians along Otay Valley Road;
Tow truck and emergency equipment for stalled and disabled vehicles;
and,
A plan to maintain access to and from the City of Chula Vista Corporation
Yard and other future adjacent uses during events. Due to the heavy
traffic demand during arrival and departure periods, it may be necessary
for amphitheater management personnel to make provisions for off-site
~._)/'f
"d-73
facilities such as a separate driveway along the southern site boundary to
Otay Valley Road to accommodate emergency activities of the City.
Specific provisions to maintain access to and from the corporation yard
during events shall be developed to the satisfaction of the Director of
Public Works and implemented prior to development of the corporation
yard site.
f. The applicant will be responsible for all costs associated with the development of
and implementation of the TMP.
g. After completion of the fIrst year of operation, the applicant will work with the
Traffic Management Team to refine the TMP for future years of operation.
8. An event monitoring program (EMP) shall be developed as an additional mitigation
measure for the proposed project. The standards to be achieved by the EMP are as
follows:
. To ensure that area residents are allowed to travel to and from their homes to a
destination outside the area with minimal delay;
. To provide unconstrained access for emergency vehicles to the area;
. To provide monitoring of traffIc flow and parking on streets in residential areas
during selected events and to provide for restricted access if necessary;
. To develop appropriate signage and advertising directing traffic to designated
parking areas based on the nature of the event and anticipated attendance; and
. To demonstrate sensitivity to the timing of events, taking into account parking and
traffic flows related to peak traffIc periods, residential commuter patterns and
anticipated attendance.
9. Mitigation for concert noise impacts is not required for opening day of the facility since
no significant impacts to existing surrounding land uses have been identified. Concert
noise impact mitigation will be required when and if it is determined that the standard
operation of the facility results in a pattern of violation that exceeds the threshold
standards set forth in the City of Chula Vista Noise Ordinance. A pattern of violation
shall be determined by the zoning administrator, in accordance with specifIc conditions
placed on the Conditional Use Permit for the amphitheater. The method of mitigation
would consist of proven feasible measures such as those listed below, any of which has
the ability to feasibly mitigate impacts to less than signifIcant levels, applied either
individually or in combination:
a. Construction of additional vertical barriers around the audience area.
b. Modified lawn speaker system designs that better control sound energy radiating
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outside of seating areas.
c. Administrative controls over stage speaker sound levels to be applied if the
reference level at the mixing booth exceeds a specified threshold that is correlated
to impacts in the community.
10. Provide facilities to increase the use of public transit and alternative transportation
methods including access by buses and other multi-occupant vehicles during major
events.
11. Provide satellite parking with shuttle services to reduce access/egress congestion and to
alleviate parking space restrictions. Shuttle services will increase the anticipated 3 +
passengers per vehicle average vehicle ridership (A VR) for concert attendance.
12. Implement transportation demand management procedures for major events to evaluate
optimum access/egress routes and to encourage alternatives to low occupancy vehicles.
Procedures developed during the first few major events should be refmed for subsequent
facility use.
13. Although no significant impacts have been identified, the following measures will be
required to ensure acceptable operation of the facility:
. Preparation and implementation of an Operations Plan for each event by the
operators of the MCA Chula Vista Amphitheater to facilitate advanced planning
to assess the estimated attendance and nature of each amphitheater event. The
elements of the Operations Plan would be reviewed and approved by an appointed
liaison for special events with the Chula Police Department, to assess the
demands on police protection services and determine those personnel or actions
to be implemented at each amphitheater event to reduce the demand and adverse
impacts on police protection services.
. The operators of the MCA Chula Vista Amphitheater would provide unarmed
security guards at each amphitheater event and during the operations of the open
air market (Thursday through Sunday, 7 am to 4 pm) to provide onsite protection
services based on the attendance and nature of the amphitheater event.
Recommended conditions of approval for MCA Concerts Inc. Conditional Use Permit
relative to noise, traffic, and security.
A. Comply with and implement the following conditions as related to noise:
I. When development of land within the potentially impacted future residential areas
within the 45 dBA noise contour as identified in the EIR is imminent, as defined
by the earlier to occur of building permit issuance or developer's execution of a
subdivision improvement agreement and posting of subdivision bonds or other
security as required thereby, a sound monitoring program will be implemented
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for a duration and in a manner as City deems appropriate. The monitoring
program shall be conducted by the City at the Project Applicant's expense
(payable on billing by the City) and shall include field measurements at the
closest residential development area within the area of potential impact. Field
measurements would occur for those concert events expected to reach the highest
levels of sound (Le., it would not be necessary to field measure for acts that are
known to be "quiet").
2. Regardless of A.I. above, if the Director of Planning determines at any time,
based on reasonable evidence, that existing residents within the area are being
subjected to noise levels exceeding applicable standards, the Applicant shall
conduct sound monitoring in accordance with a program approved by the Director
of Planning, to determine if such impacts exist. The monitoring program would
be conducted by the City at the Project Applicant's expense (payable on billing
by the City).
3. If the monitoring program in A.I or A.2 above indicates that impacts to residents
would occur or are occurring, the applicant shall post a bond or other security
acceptable to the City at its sole discretion, in an amount equal to 125 % of the
estimated cost of constructing a permanent noise mitigation solution deemed
appropriate by the City (the current cost estimate for a sound wall, which is one
possible mitigation measure, is $1,000,000). Applicant's failure to post such a
bond would trigger one or more of the following enforcement options for the
City:
a. The Conditional Use Permit for the facility could be revoked or modified
to ensure permanent mitigation of noise impacts; or
b. Applicant's access rights under its sublease with the City could be
suspended without offsetting the Applicant's rent payment obligation; or
c. City could pursue an injunction to order the placement of bonds.
Applicant would be liable for any costs (including attorney's fees) incurred by
City in pursuing such remedies.
4. If monitoring indicates that the Noise Ordinance is being violated with respect to
existing housing or within the identified impact areas once certificates of
occupancy are issued for houses therein, the City shall immediately have the right
to impose operational mitigation: noise volumes to be reduced, reorientation of
speakers, etc.; all at the applicant's expense, including continued monitoring until
the mitigation is deemed effective by the City.
5. If operational controls are not successful, as evidenced by the monitoring
program, a hearing will be held where applicant will be given an opportunity to
present evidence that the noise threshold standards have not been exceeded. If
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it is determined nonetheless that the thresholds have been exceeded, the City will
impose permanent noise controls, at Applicant's sole cost, as deemed appropriate
by the City including, but not limited to, the following, applied either individually
or in combination:
a. Construction of additional vertical barriers around the audience area.
b. Modified lawn speaker system designs that better control sound energy
radiating outside of seating areas.
c. Administrative controls over stage speaker sound levels to be applied if
the reference level at the mixing booth exceeds a specified threshold that
is correlated to impacts in the community.
Applicant's failure to impose such measures shall trigger City's right to revoke
this Conditional Use Permit.
B. For the life of the amphitheater, review the consistency of actual operations with the
operational parameters considered in the Environmental Impact Report and Conditional
Use Permit with the Zoning Administrator, Police Department, Fire Department and.
Public Works Department on the anniversary date after the opening of operations. Said
review shall result in a report prepared by the amphitheater operator to the Zoning
Administrator which shall address such issues as traffic impacts, adequacy of parking,
ingress/egress, hours of operation, coordination with open air market operations, etc.
The Zoning Administrator shall, at his/her sole discretion, determine whether or not the
operations are materially consistent with the nature and intensity of the operational
parameters used to evaluate the project in the Environmental Impact Report and
Conditional Use Permit. If the operational profile is deemed inconsistent and more
impactive than originally expected, the Zoning Administrator may require review and/or
modification of conditions via additional environmental review and/or a formal
modification to the Conditional Use Permit.
C. Prior to opening for operations, Applicant shall submit a plan identifying the type and
frequency of special effects (such as fireworks, laser displays, etc.) to be conducted as
a part of amphitheater operations. The plan shall be reviewed and approved by the City
Council or its designee.
D. Prior to opening for operations, Applicant shall be the lead party in forming an Events
Planning and Coordination Task Force, in cooperation with the Chula Vista Police
Department, Fire Department, Public Works Department, Planning Department, Building
and Housing Department and Community Development Department. Said Task Force's
objective shall be to develop an Events Plan which addresses traffic control, security,
emergency response, and any other appropriate operational aspects. Actual operations
shall be reviewed annually by the Task Force to ensure conformity with the Events Plan.
E. Provide all traffic control management and event security (e.g., cones, barricades, signs,
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traffic control and security personnel, etc.) to the satisfaction of the Chief of Police and
the City Engineer. All costs associated with implementation of this condition shall be
paid by the Applicant.
F. During concerts/events, provide all necessary steps to assure expeditious
access/preference to City of Chula Vista Public Works Department personnel who have
been called on an emergency basis to the City's Corporation Yard, and coordinate ingress
to and egress from the Corporation Yard with the Police Department and other affected
agencies, to the satisfaction of the Chief of Police and the City Engineer.
G. For the life of the amphitheater, provide press information to the radio media on
concert/event days to in order to alert drivers on 1-805/1-905/1-5, or any future freeway
which may be used by amphitheater patrons.
H. To the satisfaction of the City Engineer as he/she determines necessary or appropriate
to mitigate traffic impacts from the project, implement the following:
1. Install enhanced roadway lighting on those portions of Otay Valley Road, Otay
Rio Road and all internal roadways within the Project that require special traffic
controls (e.g., coning, barricades, reversible lanes, etc.) During amphitheater
events.
2. Install a traffic signal at Otay Rio Road and Otay Valley Road, or the southerly
private road (formerly Spyglass Hill Road), as deemed necessary by the City
Engineer.
3. Apply special striping, delineation and signing to all streets and roadways affected
by Project traffic, including vehicular, bicycle and pedestrian.
4. Provide a gated, all-weather access road to the potential Corporation Yard to the
west complete with a knox box for use by the Public Works Department for
exclusive access to the Corporation Yard. Said gate shall conform to all
specifications detailed by the City Engineer. Additionally, the developer shall
obtain and grant to the City an access easement to utilize the gate and road. The
preferred location of the all-weather, gated access road is the north side of the
complex along Parking Area B, but another location may be negotiated with the
City Engineer.
I. Prior to the first event, schedule a security survey with the Chula Vista Police
Department, Crime Prevention Unit, and implement the suggestions of said survey in
order to enhance the security of the facility, to the satisfaction of the Chief of Police.
J. Subject to the rights granted by this Conditional Use Permit, comply with all City
ordinances, codes, standards, and policies. Any violation of City ordinances, codes,
standards, and policies, or of any condition of approval subject to the rights granted by
this Conditional Use Permit shall be grounds for revocation or modification of this
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Conditi nal Use Permit by the City of Chula Vista.
(soccer/transferdis )
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ATTACHMENT E
DRAFT
STATEMENT OF INTENT AND AGREEMENT BETWEEN
THE SOUTH COUNTY CAREER CENTER
AND
MCA CONCERTS, INC.
This Agreement entered into between the South County Career Center, 1111 Bay Boulevard, Chula
Vista, CA 91911, herein referred to as the Center and the MCA CONCERTS, INC., herein referred
to as the Company.
WHEREAS, the Center coordinates workforce development programs for adults in areas
relevant to the business of the Company, such as retail sales, office procedures, general clerical,
manufacturing, warehousing and the like, and offers other employment-related services such as job
recruitment and pre-screening, and providing candidates for Company internships;
WHEREAS, it is to the mutual benefit of both parties that the Company proactively recruit,
hire and train Chula Vista residents for the Company's new Otay Valley Road location through
working with the Center's Workforce Development Coordinator.
NOW, THEREFORE, the parties hereto agree as follows:
I. The Center and the Company agree to establish a linkage that assists the Company to recruit
and hire qualified applicants for staffing the Company's new location by taking the following
actions:
A. The Company shall meet and confer with the Center's Workforce Development
Coordinator located at 1111 Bay Boulevard, Chula Vista, CA 91911 (424-1112) prior
to initially staffing the, Company's new facility allowing the Center to make the
Company aware of their resources and the Company to in-turn discuss its needs.
B. The Company shall post initial job announcements for the new location at the Center
in advance of the general distribution of such job announcements.
C. If so requested by the Company, the Center will offer, on a no-fee basis, prescreening
of job candidates recruited through the Center based upon specifications developed
with the Company.
D. The Center will facilitate Company access to appropriate and available workforce
development programs (e.g. State and Federally funded job training).
E. The Company shall advise the Center of any customized training the Company may
require, on an as-needed basis, (e.g. second language improvement or customized
computer skill training) in order that the Center and the Company might work
cooperatively to meet these needs.
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F. The Company agrees to make a good faith effort to provide input as requested by the
Center regarding the Center's development of workforce development curriculum and
of work experience/internship programs.
II. Neither the Center nor the Company shall discriminate against any student or employee on
the basis of race, color, national origin, ancestry, religion, socioeconomic status or disability.
The parties agree to perform such further acts and to execute and deliver such additional
documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the parties.
The undersigned hereby acknowledges that this Agreement is effective so long as the Company
operates within the Chula Vista facility.
Margaret Gilbert
Director of Regional
Career Centers
South County Career Center
San Diego Consortium and
Private Industry Counci I
Signature
MCA CONCERTS, INC.
[(MD)c:\wp51\document\592.95 (rev, October 10, 1995)]
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ATTACHMENT F
G
The Baldwin Company
Craftsmanship in building since 1956
October 3, 1995
Chula Vista City Council
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re:. The Baldwin Company's Comments on the Proposed MCA Amphitheater/
Swap Meet
Dear Mayor Horton and Councilmembers:
I appreciate the opportunity to comment on the proposed MCA Amphitheater/Swap
Meet. Attached are materials which reflect the points I intend to make in my public
comments during the October 3,1995 City Council meeting.
The Baldwin Company remains concerned about the proposed Amphitheater/ Swapmeet.
Your consideration of these comments is appreciated.
Sincerely,
Attachments
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Inversions
The Environmental Impact Report is inadequate because it fails to analyze the noise impact
of the proposed amphitheater under inversion conditions.
. Weather conditions (principally inversions) have a tremendous impact on the audibility
of amphitheater noise (both loudness and distance).
Sources' Smith, Fause and ~cDonald Inc., Community Noise Impact of Concert Operations,
January I, 1991.; Mr. Jim Johnson, Wrightson, Johnson, Haddon and Williams, Inc., Testimony
before the Board of County Commissions, Albuquerque, New Mexico, April 27, 1993.
. Inversion conditions can cause amphitheater noise to be heard at great distances (+/-4
miles away).
~ Smith, Fause and McDonald Inc., Community Noise Impact of Concert Operations,
January I, 1991.; Realtime Update, Spring 1993, Annoying Music Evades Community Standards;
City of Mountain View Council Report, Ordinance amending City Code Regarding Regulation of
Sound Levels at Open Air Perfonnance Venues. Dr. Douglas M Sinton, Professor, SJSU
Meteorology Dept.
. Low and mid frequency sound travels much greater distances than high frequency
sound, especially under inversion conditions.
Sources' Smith, Fause and McDonald Inc., Community Noise Impact of Concert Operations,
January I, 1991.; Realtime Update, Spring 1993, Annoying Music Evades Community Standards.
. San Diego experiences frequent inversion conditions (98% of summer days; 93% of
autumn days; 79% ofspring days).
Sources' Larry Riddle, Scripps Institution of Oceanography, University of California, August 30,
1995 correspondence; National Weather Service, Excerpt from Western Regional Pamphlet;.
. Sound walls may not affect the spread of sound if there is an inversion present.
Sources' Mr. Jim Johnson, Wrightson, Johnson, Haddon and Williams, Inc., Testimony before the
Board of County Commissions, Albuquerque, New Mexico, April 27, 1993; Poway Entertainment
Center Draft EIR, City of Po way, May 1995.
. Knowing the impact of weather on amphitheater noise is imperative to understanding
amphitheater design and noise monitoring.
"Once the meteorological study and the associated sound propagation studies
have been completed, then and only then, if it looks like you can go ahead, you
can get into the details of the monitoring system and the design of the
amphitheater."
- Mr. Jim Johnson, Wrightson, Johnson, Haddon and Williams,
Inc., Testimony before the Board of County Commissions,
Albuquerque New Mexico, April 27, 1993.
. The MeA Chula Vista Amphitheater Em did not address the impact of weather
conditions on Amphitheater noise.
1013/95; MeA Comments; The Baldwin Company I Page 1
~
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Noise Standards
Standard of Significance: The standard for significance for noise impacts utilized in the
EIR is inadequate.
. "A project will normally have a significant effect on the environment if it will increase
substantially the ambient noise levels for adjoining areas."
5.lnI= CEQA Guidelines, Appendix G.
. Ambient noise levels in new Chula Vista Eastern Territory neighborhoods range from
37 dBA to 49 dBA.
5.lnI= Dudek and Associates noise test of October 2, 1995, in EastLake and Rancho Del Rey.
. The applicant's noise tests clearly indicate the amphitheater will cause noise impacts
well in excess of projected ambient noise within areas of Otay Ranch planned for
residential development (even with proposed mitigation).
5.lnI= Environmental Noise Impact Evaluation, Chula Vista Amphitheater Site, Wrightson,
Johnson, Haddon and Williams, Inc., April 21, 1995.
. "Our (the applicant's noise consultant) experience indicates that 50 dBA can be
considered as the maximum noise levels due to amphitheater operations which is
'acceptable' from a community response standpoint."
SlllIm: Environmental Noise Impact Evaluation, Chula Vista Amphitheater Site, Wrightson,
Johnson, Haddon and Williams, Inc., April 21, 1995 page 9.
. The applicant's noise tests clearly indicate the amphitheater will cause noise impacts
well in excess of 50 dBA within areas of Otay Ranch planned for residential
development (even with proposed mitigation).
5.lnI= Environmental Noise Impact Evaluation, Chula Vista Amphitheater Site, Wrightson,
Johnson, Haddon and Williams, Inc., April 21, 1995.
. The MCA Amphitheater Draft EIR utilizes the Chula Vista Noise Ordinance as
the standard of significance. The Ordinance Permits noise up to 55 dBA until
10:00 PM (45 dBA after 10:00 PM). The proposed mitigation measure would
require compliance with the ordinance, not the 50 dBA standard recognized by
the applicant as the volume deemed "acceptable" from a community response
standpoint, and not the ambient standard recognized by CEQA.
SlllIm: MCA Chula Vista Amphitheater EIR.
1013/95; MCA Comments; The Baldwin Company. Page 2
~
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~2,4
Measuring Amphitheater Noise
. Traditional sound measuring devices and regulations are inadequate to respond to
amphitheater noise.
Sll.lIr.i;!:: Realtime Update, Spring 1993, Annoying Music Evades Community Standards; City of
Mountain View Council Report, Ordinance amending City Code Regarding Regulation of Sound
Levels at Open Air Performance Venues. Dr. Douglas M. Sinton, Professor, SJSU Meteorology
Dept.
. "It has also been our experience that even when ampbitbeater noise is just faintly
audible outdoors, and although it may be at or near the typical background noise levels
caused by normal activities and also conform to local noise criteria, tbe operator and
tbe city can expect to elicit complaints from a small percentage of residents in the
nearby residential neighborhoods."
Sll.lIr.i;!:: Environmental Noise Impact Evaluation, Chula Vista Amphitheater Site, Wrightson,
Johnson, Haddon and Williams, Inc., April 21, 1995 page 9.
. "Low and very low frequency sound impact is the dominant impact of the
amphitheater. As a result, reliable assessment using conventional noise ordinance
limits is not possible."
~ Smith, Fause and McDonald Inc., Community Noise Impact of Concert Operations,
January I, 1991.
10/3195; MCA Comments; The Baldwin Company, Page 3
~
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September 18, 1995 Noise Test
Arrangement of Speakers: The Baldwin noise consultant! has expressed concern that the test
could be flawed because the speakers were arranged in a horizontal array, instead of a vertical
array typical of amphitheater concerts. Dr. Fosh concludes that the horizontal arrangement
dramatically decreases sound towards the sides. In particular he concludes that the area within
the 50 dBA contour has been underestimated, with some areas underestimated by at least 23
decibels.
Music Sample: Dr. Fosh's analysis of the music at the noise test was not typical of such popular
groups as the Eagles and the Grateful Dead. The noise test sample was 7.5 decibels weaker in
the 250 hertz octave band than those groups and correspondingly stronger at the higher
frequencies. The significance of this flaw is that the 250 hertz octave band is usually prominent
when amphitheater sounds are audible at ranges of a few miles.
Availability of Information: The Baldwin Company requested clarifying information from
MCA early last week, to try to ascertain with greater certainty the impact of the perceived flaws,
but as of today we have not received a response. Furthermore, it is difficult for the Baldwin
Company to analyze the September 18, 1995 test because we did not receive the September 21,
1995 report unit! the day of the Council hearing.
The Baldwin Company contracted with Dr. James 0 Fosh a Senior Physicis with the Lawrence
Livermore National Laboratory, Livermore, Califomia.
10/3/95; MCA Comments; The Baldwin Company, Page 4
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Noise Conclusion
If the City elects to approve the MCA Amphitheater, the mitigation standard and the
standards contained in the CUP should be as follows:
. Receiving Area Sound Limit: Amphitheater noise should not exceed 50 dBA (peak)
before 10:00 PM and 45 dBA (peak) after 10:00 PM within any residential neighborhood.
. Performance Sound Limit2: 95 dBA peak (as opposed to average, design to control
middle and high frequency sound levels). To control lower-frequency sound impacts,
the most annoying and frequent sound impact occurring in outlying areas, maximum
sound levels in four low frequency octave bands to be limited to the following levels:
Bowl Lip, One Second, Maximum Levels - dB'low in Octave Bands
: I ~ I ~ I ~ I :
Violations of the sound levels should be based on the number of times and extent to which prescribed peak
sound levels are exceeded in any of the octave bands. A $10 fine should be assessed for each one second
violation.
.
Curfew: Consistent with the assumptions contained in the EIR, amphitheater
performance should stop at 11:00 PM.
2
This approach is taken from the February 11, 1992 City of Mountain View Draft Ordinance regarding
the regulation of amphitheater noise.
1013/95; MCA Comments; The Baldwin Company, Page 5
~~C:;-;1
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Amphitheater Fiscal Analysis
Various newspaper reports have claimed that the Amphitheater would generate between
$500,000 and $600,000 per year in new City revenues. The $500,000 and $600,000
claims are based on inflated dollars. The table below summarizes the actual present value
of Amphitheater/Swap Meet revenues. Depending on the assumptions utilized the actual
present value of revenues generated range from $80,000 to $168,000 per year.
Projected Revenues Years Revenue Per Year
Assumptions (present Value)
A Amphitheater Plus Swap $ 3,374,165 20 $ 168,708
Meet (All Revenues)
B Amphitheater (All $ 2,274,748 20 $ 113,737
Revenues)
C Amphitheater Ticket Tax $ 1,998,836 20 $ 99,942
Revenues
D Amphitheater Tax Minus $ 1,610,836 20 $ 80,542
Road Costs
Based on Keyser Marston Study, Table 10
Assumptions C and D are more accurate than assumptions A and B for two reasons. First
it is inappropriate to attribute all forecasted property and sales tax revenues to the
Amphitheater/Swap Meet. This ignores the fact that property taxes would still be
generated if the land is developed for its currently zoned use (industrial). Thus, general
revenue taxes are not entirely new revenues solely attributable to the Amphitheater/Swap
,
Meet.
Second the analysis ignores entirely the costs half of the fiscal impact equation. Rather
the analysis assumes that all revenues are new revenues and the City does not incur any
costs to serve the amphitheater/swap meet.
10/3/95; MCA Comments; The Baldwin Company, Page 6
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CllY OF
CHUlA VISTA
PLANNING DEPARlMENT
NOTICE OF PUBLIC HEARINGS BY THE CITY COUNCIL OF
TIlE CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS III'RI'IIY GIVEN TIIAT 1'lllll.lC IIEARINGS WILL BE HELD BY TilE CITY COlJNCII, of tile City ofClIlIl,i Vista,
('alili:1rI1ia. l{)f the purpose orl:ollsidcrillg !!,ranling the t()lIowing:
I. A conditional use pemit tor the property located at the southwest corner of Otay Valley Road and Otay Rio Road in order
to construct and operate a 20~OOO seat capacity amphitheater and to operate an open air market on selected days of the week
(PCC-95-47),
2, A claritying amendment to the Noise Ordinance, Chapter 19,68 of the Municipal Code, to specity conditionally permilled uses
as well as permitted uses under the definition of Environmental Noise (PCA-96-0 I),
3. The vacation of various streets in the Gtay Rio Business Park. Details are available in the Department of Public Works,
Engineering Division (PV -064),
4, Modifications or deferrals of Public Facilities Development Impact Fees, Sewer Capacity Fees, Traffic Signal Fees and/or related
amphitheater project impact and/or processing fees, in light of the unique nature of the project.
Public hearings I, 2 and 3 above were originally noticed for and held at the City Council meeting of October 3, 1995 and shall be reopened
and held on the dates indicated below, The applications were filed by Biuerlin Starboard Development Partners for MCA Concerts, Inc,
Ar} Environmental Impact Report. EIR-95-03. of possible significant environmental impacts has been conducted by the E'lvironmental
Review Coordinator. The Final EIR will be considered for certification by the City Council at the public hearings listed below' EIR-95-03
is 9n tile for public review in the Chula Vista Public Library located at 365 "F" Street.
AllY written comments or petitions to be submitted to the City Council must be received in the Planning Department no later than noon
on Ihe date of the hearing. Plei.lsc direct iln)' questions or comments to the projcct planner. Martin Miller, Assochltc I-Ianncr, in thc
l'lanning l)epartmenl.I'ublie Services Building, Chula Vista Civic Center, 276 Fourlh Avenue. Chula Visla California 91910, or -
by calling (619)476-5330, Please include the Case Number noted at the bottom of this notice in all correspondence,
If you wish to challenge the City's action on this application in court, you may be limited to raising only those issues you or someone else
rai~ed at the public hearings described in this notice. or in written correspondence delivered to the Planning Commission and/or City
Council at or prior to the public hearings described in this notice, A copy of the application and accompanying documentation and/or plans
are on file and available for inspection and review at the City Planning Department.
SAID PUBLIC HEARINGS WILL BE HELl) BY THE CITY COUNCIL ON
Tuesdav, October 17, 1995
AND ON
Tuesdav, November 7,1995, al 6:00 o,m,
All hearings will be held in the Council Chambers, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, at which time
any person desiring to be heard may appear.
Date: October 10, 1995
Case/File No's: EIR-95-03, PCC-95-47, PCA-96-01 & PV-064
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACf (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 ror meetings and 5 days ror scheduled services aDd activities. Please eootact Nancy Ripley ror specific informalion
al (619) 691-5101. Caliroroia Relay Service is available for Ihe hearing impaired.
~>>C-.6J
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5101
Q"~' Po/;J.ccn.-~...
MEMORANDUM
ATTACHMENT G
October 12, 1995
FROM:
The Honorable Mayor & City counc(M,mbers
John D. Goss, City Manage~~)(~
Chris Salomone, Community DeveUpme~t Director t.s. .
TO:
VIA:
SUBJECT:
Survey of Existing Amphitheaters - National/Southern California
To assist in the evaluation of MCA's Amphitheater proposal, a survey was conducted
of eleven existing amphitheaters, six located through-out the nation and five located
in Southern California. The survey questions and survey results are attached for your
information. General conclusions follow:
Unfortunately, it appears that most cities did not conduct feasibility studies nor did
they enter into formal development agreements with the amphitheater developer.
Atlanta, Dallas,and Mountain View did enter into agreements. Their financial
information is outlined.
In discussing the development processing with the surveyed city staff members, it
~( became apparent, on the most part, that the amphitheater projects have been
processed at a fairly high level of city officials. And, possibly because of the
uniqueness of the use, the amphitheater projects have been processed differently in
each city. That is, there does not appear to be a commonly prescribed public hearing
or environmental or developmental review process.
The most obvious common issues that became apparent were noise and traffic
circulation problems. These issues appear to be solvable, but have been costly.
Various methods of mitigation and financing are listed in the survey results. Of
particular interest regarding noise are: Atlanta's Chastain Park, Denver's Fiddlers'
Green, Costa Mesa's Pacific Amphitheater, and Columbus' Polaris Amphitheater and
regarding traffic solutions are: Ohio's Blossom Music Center, Atlanta's Lakewood
Amphitheater, Washington's Gorge Amphitheater and Columbus' Polaris
Amphitheater.
Responsibility for on-site security and public safety seems to have been placed on the
amphitheater operators and this does not seem to be a controversial issue. Irvine
Meadows has a joint agreement between the city and the amphitheater operator
whereby the City's off-duty police and public works crews are hired for public safety
and the city is reimbursed on a full cost basis.
Staff will continue to gather information regarding amphitheaters and will forward it
to the City Council as it becomes available.
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Starplex Amphitheater
Dallas, Texas
Director of Parks - 214-670-4071 (No return of messages)
. 8,200 fixed seats
. 12,000 lawn seats
. Stage covered
. 6,000 parking spaces
. Built 1988
. Owned: City owns land/leases to MCA PACE
. Operated by: MCA PACE
. Average 40-45 events per year between mid-April and end of October
Citv of Dallas: Planning Department - Ray Couch 1-(214) 670-4133
Fair Park Administration: Eddie Heuston - 1 (214) 670-8483
Starplex Amphitheater: General Manager - Larry Fontana 1 (214) 421-1111
l'iigpM!!~~!~~!'!I~~~PR[q!(~!i!~m~nri!i!!!l~~~i!i!l!1tyf
Amphitheater is located within Fair Park, a 277-acre public park located 2 minutes from the
heart of Dallas. The park and its facilities are on the National Register of Historic Places. The
facilities consist of: 8 museums, a Festival Park, Fairgrounds, and a 3,500-seat, performance
and stage, Music Hall for opera, ballet, plays etc. Over 6 million people visit the park facilities
through the year.
The Amphitheater is required to have several "dark days" because of other park activities.
Minimum Guaranteed Rent
Lease Year
Minimum Guaranteed Rental
7-11
12-16
17-20 & renewal
$200,000
250,000
300,000
Amphitheater/ParkinQ Rental
Lease Year
Rate
9-13
$200,000 + CPI adjustment
(adjust. for past 8 yrs. not to exceed 3% for each yr.)
12-term
Adjusted minimum guaranteed rent + CPI (notto exceed 3%/yr.)
Plus
3% first 5,000,000 annual gross ticket revenue +
4% of all additional annual gross ticket revenue +
4% first 5,000,000 annual gross revenue all other sources +
5 % all additional gross revenue all other sources
less minimum rent
14-term
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$.15/ticket Contributed to South Dallas Trust Fund to assist in the economic development of
low income, minority neighborhood located adjacent to the amphitheater.
No property tax or possessory interest tax (City owned property and Texas does not have
possessory interest tax.
Curfew
Monday through Saturday 11 :30 p.m.
Sunday 11 :00 p.m.
Alcohol Sales
Beer and wine sales to the general public. (Ogden Company operates concessions.) Private
club has full service bar. Purchase of 1 or 2 beer limit per person. Based on age of crowd
expected at event. Younger crowd, 1 beer per purchase; older crowd, 2 beers per purchase.
Time limit for serving beer/wine depending on length of show, time gates open, etc. Event
manager will check with police, medical, security - if problems because of alcohol
consumption, will stop sales early; if no problems, will continue sales later. Never serve past
45 minutes to 1 hour prior to end of show.
Policy is considered a "responsible approach" to alcohol service because of MCA PACE and
Ogden Company's profile.
Noise
Nearest residences are about 100 yards from back of amphitheater stage.
Sound wall (undulating cinder block construction) built to meet City sound criteria of 65 dBa
average over 30 minute period at the edge of the amphitheater parking lot.
Three years ago there were some complaints about noise. MCA paid for an independent
analysis. Problems were caused by climatic conditions (high level of humidity) and
environmental damage from major storms. Some adjustments to the facility were made: the
stage house was enclosed and structure side walls were constructed.
Traffic/Securitv
MCA hires own security. Also contracts with company to hire (directly) certified peace
officers to direct traffic and to enforce~ city ordinances at the amphitheater.
~
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Coca Cola lakewood Amphitheater
Atlanta, Georgia
Citv Entertainment Office - Nick Gold 1-404-330-6511
Atlanta Deputv Parks Commissioner - Bill Garrv 1-404-817-6810
~t!~il\i~~~~t!&9~!!1PQl!!li~~!!f~;
1. Coca Cola Lakewood owned bv MCA PACE
. 6,000 seats - covered + 3,000 seats - uncovered
. 10,000 + lawn seating - open
. Stage covered
. Built 1 988-89
. Parking 6,300
. Owned by: MCA PACE
. Operated by: MCA PACE
1l!"!R~(nti~~~g1l!lg!li~~~iiYR~F!ll~99gFrigj~l!f!!i~iRi!iR{~FH~*' (not received)
Financial
City owns 117 acre Lakewood Fairgrounds/Filmworks lease proper/Filmworks subleases to
MCAIPACE
City of Atlanta negotiated a master contract with Filmworks who was a subcontractor to
MCA PACE
Preference to City's "First Source Jobs" to Atlanta residents
Minimum Rent AQreement
Lease Year
1-5
6-7
7-20 & renewal
$150,000
160,000
170,000
Rent for AmphitheaterlParkinQ
3 Yz % net ticket revenues up to $6,000,000+
4 Yz % net ticket revenue in excess of $6,000,000
3% gross receipts (sponsorship, etc.)
Variable 3% of gross receipts all other sources (sales, beverages, etc.)
~C--.? r
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MCA pays $.25/ticket (tickets in excess of 125,000 tickets sold annually) to Metropolitan
atlanta Community Foundation for communities (located within 3 mile radius) impacted by
amphitheater
City entitled to use 12 dates annually. Master contract has a no-competition clause. City can
book big names or use for community events.
Curfew
Davs
Curfew
Monday to Thursday
Friday and Saturday
Sunday
Holidays
10 a.m. to 11 p.m.
10 a.m. to Mid-night
2 p.m. to 11 p.m.
varies
Noise
Sound containment was built with project.
Sound criteria 65 dBa over 30 minute average
No noise issues when the facility was built because of the make-up of the neighborhood and
lack of organization and leadership. Local residents are now becoming vocal about the noise.
Traffic
. Lakewood is located at the Lakewood Fairgrounds adjacent to a major highway Route 166.
Local streets and infrastructure was already in place. Amphitheater Managers negotiated with
the State to install highway signs, ramps etc.
Staff comment: A popular event can cause the 6 lane highway to be at a standstill.
2. Chastian Park Amphitheater owned bv the Citv of Atlanta
. About half the size of Lakewood Amphitheater
. Built around the turn of the century.
. Very popular amphitheater. Always full, even in bad weather. Symphony music, but,
also an increase in hip hop music.
. Owned by: City of Atlanta
. Operated by: Concerts Southern Promotions
Noise
Noise is a real problem. The amphitheater is abutted by million dollar homes.
~c>.?p
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Noise Mitigation
City installed a digital delay system with permanent speakers in the stage and throughout the
seating. The performers bring their own sound equipment but only set speakers on the stage
and plug into the City's system.
City also pays for two people to monitor average decibels over 5-6 minute periods during
performer's sound tests, warm-ups, and concerts. The monitors work with the sound booth
to advise when the sound gets too high.
City is looking into fines. $500 for 1 st offense and double for each future offense.
Chastain Park has a trust fund that was set up when it was built. The sound system and
monitors are paid by the fund.
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Shoreline Amphitheater
Mountain View CA
. 7,200 fixed seats
. 17,800 lawn seats
. Amphitheater started operation in 1985
. City owns land and leases property to operator
. Bill Graham presents operates
. Built by partnership with Bill Graham Presents
Financial benefits to City of Mountain View based on lease aoreement:
Main revenue to City is from a % of gross ticket receipts based on the lease year. For
example:
Lease Gross Ticket City's
Year Receipts Share
Year 10 $0 to $10,000,000 3l4%
(Current) $10,000,000 to 4 l4%
$13,000,000
$13,000,000 and over 5 l4%
City shares in parking revenue based on a formula. Income to City is minimal, less than
$10,000/year.
City receives possessory interest tax.
City is given a number of days use of amphitheater. (Ms. Wong cannot remember City every
using the facility.)
A number of complementary concert tickets are given to City annually. (Tickets are raffled-off
to City employees according to Ms. Wong.
Concert tickets are available for sale to residents one day before general public.
mcasurvy/mcadisk
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Polaris Amphitheater
Columbus Ohio.
City of Columbus
Kathy Kerr
Deputy Director Trade & Development
1-614-645-8591
Plannino Department - Steve McClarv 614-645-8030
Columbus population - 643,000 (metropolitan area - 1.4 million)
. 10,000 fixed seats covered
. 10,000 open lawn seats
. Amphitheater built in conjunction with the Polaris Center, a 2000 acre development
consisting of a 250 store shopping mall and major commercial office park and
employment center
. Owned by: Juels Belkin Productions (Located on property leased from Polaris Center)
. Operated by: Juels Belkin Productions
Aoreement
Developer did not request any City assistance. Project was not a tax incentive deal, Polaris
Center developer wanted the use.
The City did not conduct financial studies or revenue projections and there was no agreement
with the City
Amphitheater was built on the fringes of the City near vacant land area with no land use
designation. Determination by City Attorney that the use was allowed under current zoning
which was high density, high intensity commercial.
Since it was an allowed use, no noticing of residents was required
Noise
Developer paid for noise mitigation - 35' to 45' sound wall built around about 50% of the site
on the side closest to residential area.
Performances limited to 11 :00 p.m.
Traffic
Traffic impact study was required (study is required before any curb cuts onto any public
street can be madel.The developer was required to install all improvements prior to issuance
of building permit
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Developer paid to add one lane in each direction on the interstate (4-lane divided highway) for
about 1/2 mile south of the exit for the amphitheater - Plus developer added lanes onto the
on -and off-ramps.
City requested operations manual for on-site parking to assure rapid ingress and egress to and
from local streets.
Miscellaneous
Temporary occupancy permit issued for first season, but developer did not complete all work
(landscaping, other amenities).
City required completion of all work before amphitheater could open for second season.
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Gorge Amphitheater
George, Washington
(Grant County)
City of George - 509-785-5081 Population 385
Mavor - Elliot Koov - (home number) 509-785-6190
Grant Countv Commissioners - Grant Court House 509-754-2011
Visitor Information - Gerard Hanson 509-785-3831
. 6,000 fixed seats plus corporate seating
. 10,000 lawn seating
. Covered stage - open seating
. Irrigated grass area used for parking
. Built 1985 by a Seattle doctor as small area on bank of Columbia River for a few
hundred people. Expanded almost yearly, now accommodates about 20,000.
. Located about 5 miles outside of City of George in remote area next to river
. Owned by: Seagrams Canadian Corporation
. Operated by: MCA (Subsidiary of Seagrams?)
Aqreement
Amphitheater takes care of security
State receives a 5 % amusement tax that is returned to the County
MCA in partnership with Ogden Food Service built a 1200 space campground near
amphitheater to accommodate patrons. State receives 2% Hotel/Motel tax (since there are
not many local motels, a problem arose when concert goers started camping on local farms
and open lands.)
Noise
No noise problems since is located in a remote area
Traffic
Near-by City of Moses Lake opposed the project because of traffic.
Traffic was a problem but now there are three roads in and out of the facility
Site is near Interstate-90 (standard 4-lane divided highway) and had one two-lane paved road
to access it. State gas tax paid for a new two-lane access road. Concert owner paid for 1
mile of the existing 2-lane road to be increase to 3-lanes (2 lanes in/ 1 lane out for ingress,
then 2-lanes out and 1 lane in for exit). Concert owner paid for 2-lane gravel road to be
paved.
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Fiddler's Green Amphitheater
Denver, Colorado
Araoaho Countv Plannina - Ed Clark 1-303-795-4450
Current amphitheater
. 8,000 fixed seats
. 9,000 lawn seats
MCA developed amphitheater through the owner of an adjacent office park and the Museum
of Outdoor Sites organization. Amphitheater was developed on a large bowled-shaped grassy
area located in an existing office park that is designated as open space for the office park.
Originally did not build parking, leased parking from adjacent office uses.
Aareement
According to the staff planner, no environmental review or land use evaluation was required
and the County did not enter into an agreement with the developer
Noise
After complaints about noise and parking problems, MCA built parking and County required
that the facility not exceed 65 dBa at property line. A 40' vertical, concrete, noise wall was
constructed and poles with directed speakers were located throughout the seating.
Traffic
Near interstate 125 - Streets were already in place.
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Blossom Music Center
Cuyahoga Falls, Ohio
1-216-971-8200
City of Cuyahoga Falls - population 50,000
Communitv Development Dept - Ben Norvell 1-216-971-8142
. 10,000 fixed seats - covered
. 20,000 lawn seats - open
. Owned by: Federal Government
The Music Center was recently purchased by the Federal Government
as a part of the National park/recreation area.
. Operated by: MCA as a multi-use facility
MCA ManaQer - David Carlucci 1-216-920-0968
Music Center was built at least 15 years ago in the township of North Hampton which merged
with the City of Cuyahoga Falls in 1986.
AQreement
Citv Staff Comments: If were trying to build Center today, most likely would not be approved
due to local controversy. Local influential people were involved with Federal designation in
park area and conversion to multi-use facility.
Facility was constructed in an area outside the developed city area. The city is developing
closer to the Center however, and noise and traffic are now issues.
Noise
Local homeowners' group monitors the noise level and if the musical group exceeds the limit
they are fined.
Traffic
Currently widening roads to access the facility. Main access was a two lane farm road.
Federal government not authorized to fund improvements. The road project is a joint project
among: Ohio State - Bond issue, local city funds, and contribution from symphony orchestra
organization.
Miscellaneous
Original land use study prepared by Gould & Associates in Cleveland, Ohio.
Historv Contact - Emilv McCartnev 1-216-423-3267
Center was originally built as summer home of symphony orchestra. Site was donated by
local family.
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Pacific Amphitheater
Costa Mesa
Deo. General Manaoer - Rick Pickerino 714-708-1522
P.R./Marketino Manaoer - Lisa
Citv of Cosa Mesa - Mike Robinson 714-754-5610
. 8,500 fixed seats
. Stage covered - seating open
. Lawn seating no longer used because of noise issues (10,000 lawn seats)
. Stage covered - seating open
. Shares parking with fairgrounds
. Built in 1983-4
.
.
Owned by:
Operated by:
Located on State property, Orange County Fairgrounds
SMG (Spectacore Management Group)
(SMG operates 55 arenas/amphitheaters worldwide ( Super
Dome, L.A. Colosseum.)
Amphitheater built by Nederlander and operated by Nederlander until about January 1 994.
Aoreement
Amphitheater is located on State property, Orange County Fairgrounds and is under the State
Fairs & Exposition Act which supersedes city and county ordinances
City was not party to development or agreement
City receives revenues from business license fee for shows and sales tax
Fairground activities include swap meets on Sat/Sun, motorcycle events, and horse shows
Traffic
All effected parties agreed that the Amphitheater wouldn't charge for parking because people
would park in neighboring residential areas and walk to concerts. Walk-ins were not allowed
at the gate near the residential areas to discourage parking in residential areas.
Noise
Nederlander left because of noise related lawsuit. Local residents filed and won a class
action law suit which resulted in limiting the seating to the fixed seating and modifying the
sound system to accommodating fixed seats only.
Installed a new, directional sound system and have had positive results since July.
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Glen Helen Blockbuster Pavilion
San Bernadino
Countv of San Bernadino - John Giblin 909-387-4811 (handled negotiations)
No return of 5 messages
Countv of San Bernadino - Mac 909-387-8311
. 10,461 fixed seats (capacity 65,000)
. Parking on adjacent parkland in vicinity of amphitheater
. Amphitheater located in natural bowl on a 40 acre site within 2,000 acre existing rural
park
. Built 1993
. Owned by: County of San Bernadino
. Operated by: Blockbuster
Noise
Noise problem was mostly negated by natural terrain.
Noise is monitored by random, on-site sampling and by local feedback.
Traffic
Traffic circulation was an obstacle but site is located about 1/4 mile from the intersection of
)-15 and Hwy15.
A new interchange and half ramps were constructed.
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Irvine Meadows Amphitheater
Irvine
. 1 0,4 1 8 fixed seats
. 4,500 lawn seats
. 5,300 parking (avg. 3 people/car)
. Stage covered - seating open
. Built in early 1980's
. Owned by: Private Partnership (effectively Irvine Company)
. Operated by: Avalon Attractions
Citv of Irvine Planninq Deoartment - Charlene Galina 714-724-6385
Citv of Irvine Finance Deoartment - Jeff Nevins 714-724-6027
Aqreement
City does not have a development agreement with amphitheater.
No entertainment tax collected, only property tax and sales tax.
Noise
No staff information about noise.
Traffic
A 191 5 assessment was established for street improvements needed adjacent to the
amphitheater when it was built.
Public Safetv
City does have agreement with amphitheater for public works and public safety.
Amphitheater pays City of Irvine $1 per concert attendee to pay for police and public works
on a full cost recovery basis. If the annual remittance exceeds the cost of services provided,
then a refund is made. If the annual remittance does not cover the cost of services, then the
amphitheater is billed the additional amount. (Police and public works employees are off-duty
and paid at overtime rates.)
Miscellaneous
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Universal Amphitheater
North Hollywood
1-818-622-4440
1-818-777-3931 information
. 6,200 fixed seats
. Shares parking with City Walk Development
. Built in 1972
. Owned by: MCA
. Operated by: MCA
No return call
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Greek Theater
Los Angeles
1-213-665-5857
. 6,156 seats
. Located in Griffith Park
. Open theater, with capacity to present live theater
. Built in 1930
. Owned by: City of Los Angeles
. Operated by: Nederlander
No return call
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Amphitheater auestions
1 . Outline of agreement with business terms? Developer of Amphitheater.
2. Any feasibility analysis available?
3. DDA or other agreement available?
4. Revenue sharing with City? Method?
How was it structured?
% of ticket sales? other?
Revenue projections? Have projections been realized?
Figures of actual revenues?
5. Noise mitigation measures required? Project setting.
Complaints?
City responsibilities?
6. How was traffic handled?
7. Off-site public improvements needed?
8. Any use privileges to City?
Free use of the amphitheater for community services?
Non-profit organizations?
mcaquest/c:penelope
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Additional Survey Information
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Santa Barbara Bowl
Santa Barbara CA
Countv Arts Commission President: Patrick Davis
4500 fixed seat amphitheater
Owned by: County of Santa Barbara
Currently operated by: County Arts Commission with Golden Voice Inc. (arranges acts) as
non-profit
Amphitheater is located on edge of residential area
Fall 1992 Countv evaluated ooeration of amohitheater
Commission needed operator that would monitor sound, bring in types of acts appropriate for
size and location of amphitheater etc.
Interviewed several big operators including MCA and Nederlander
MCA was awarded contract.
First year - MCA booked 12 out of the 20 shows promised
Second year - MCA booked only 11 of the 20 shows promised
MCA paid County of Santa Barbara $2,400 per show not booked up to the 20 promised
Other problems:
· Santa Barbara is located within 100 mile radius of L.A. which involves competition for
ticket sales
· Advertising not appropriate for size and type of amphitheater
· Staff always changing, Company too big for 4500 seat amphitheater
· Communication very difficult with such a large company
After 2 years, the County and MCA mutually agreed to dissolve relationship
Maybe County bowl too small a venue for a large company like MCA
County Arts Commission staff felt that MCA was forthright but difficult to communicate with
because so large
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Pacific Amphitheater, Costa Mesa vs MCA Proposal, Chula Vista
Pacific Amphitheater
Costa Mesa CA
Chula Vista MCA Proposal
. 8,500 fixed seats
. 10,000 fixed seats
. 10,000 lawn seats (no longer in use
because noise lawsuit)
. 10,000 lawn seats
. Built in 1983-84
. Proposed to be built 1995-96
. Located near existing residential and
commercial development
. Located near undeveloped industrial
and residential land areas
. Built by Nederlander
. Proposed by MCA Concerts, Inc.
. Operated by S.M.G. (Spectacore
Management Group)
. To be operated by MCA Concerts, Inc.
. Built on State property, County
Fairgrounds (State property under
State Fairs & Exposition Act)
. To be built on privately owned land
and leased from City
. Shares parking with fairgrounds
. On-site parking on privately owned
land and leased from City
. Fairground activities include
swapmeets on Sat/Sun
· Swapmeets proposed for 3 to 4 days
weekly amphitheater parking lot
(costavs/c:penelope)
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ATTACHMENT H
This package of information from Baldwin Company was received at the City
on Thursday afternoon, October 12, 1995 just prior to the mailing of the City
Council Agenda Packet. Staff is reviewing the information and will provide
comments verbally to the Council as necessary at the October 17, 1995
Council meeting.
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ATTACHMENT H
The Baldwin Company
Craftsmanship in building since 1956
October 12, 1995
Chula Vista City Council
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: MCA Amphitheater
Dear Mayor and Councilmember:
I am pleased that your Council decided to focus on the amphitheater noise issue at your
October 17, 1995 Council session and directed staff to review and respond to questions
raised by myself and others. I believe it would be beneficial for your Council and the
staff to review the enclosed additional materials:
1. Appendix 1 to the Environmental Noise Analysis for the Chula Vista Bayfront
Amphitheater proposal prepared by Gorton Bricken & Associates, May 19,
1995, "Understanding Sound".
This report (Attachment I) is a good discussion of sound and its impacts.
The report notes that on Page A 1-4, every 10 decibals is a tenfold increase in the level of
sound. Thus, later discussions regarding discrepancies of 5, 8 or 10 dBA are significant.
Page AI-7 reports that sound is more annoying at night than in the day. Sounds which
occur at night are equivalent to sound in the daytime that are 10 dBA higher in level.
This is an important consideration because amphitheaters operate in the evening and night
hours.
Page A2-3 reviews the methodology for calculating the reduction in noise caused by the
noise barriers. This is significant because the MCA EIR did not analyze the anticipated
decrease in noise caused by sound barriers even though the EIR proposes creation of a
sound barrier as a mitigation measure.
1
11975 El Camino Real . Suite 200 . San Diego, CA 92130 . (619) 259-2900
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Page A2-4 discusses the impacts of temperature, cloud cover and inversion layers upon
amphitheater noise. Again, this is a significant discussion because the MCA
amphitheater EIR did not analyze the impacts of any of these weather conditions upon
MCA amphitheater noise.
Page A3-5 discusses the level of noise which is likely to cause annoyance and
complaints. This is a significant discussion because the MCA amphitheater EIR did not
discuss the concept of audibility of noise or annoyance levels, but rather relied solely on
the Chula Vista Noise Ordinance as the basis for determining significance.
Page A3-3 discusses the impact of amphitheater noise on sleep. The discussion notes that
some people have difficulty falling asleep when levels exceed 40-45 dBA. This
discussion is significant because the MCA EIR did not discuss the impact of amphitheater
noise on sleep interference. Secondly, MCA promulgated noise contours show that much
of Otay Ranch would be within a 40-45 dBA contour, creating a sleep interference
problem for Otay Ranch residents. Page A3- I 0 has a more in depth discussion of noise
annoyance.
Page A3- 17 summarizes the noise ordinances for the City of Chula Vista, City of San
Diego and City of Coronado. It is important to note that both the City of Coronado and
the City of San Diego impose a more stringent noise standard for residential areas than
Chula Vista. Specifically, both jurisdictions limit noise in single-family residential areas
to 45 dBA before 10:00 pm and to 40 dBA after 10:00 pm. In contrast, the City of Chula
Vista permits noise up to 55 dBA before 10:00 pm and 45 dBA after 10:00 pm. In other
words, Chula Vista's ordinance allows twice as much noise before 10:00 pm, compared
to the City of San Diego and the City of Coronado.
2. Mountain View Ordinance
Attached is a draft Mountain View Staff Report dated February II, 1992 (Attachment 2)
recommending an ordinance modifying the City of Mountain View's noise standards to
govern open air performances (Shoreline Amphitheater). The report and ordinance are
useful since they reflect the experience and efforts of a city to regulate noise once an
amphitheater is in operation. Clearly, this document illustrates for the City of Chula
Vista the magnitude of noise problems associated with amphitheaters and provides a
good vehicle from which to regulate any amphitheater within Chula Vista to avoid or
minimize noise problems. It is far easier to establish solid regulations up front than to
force fit a solution once an amphitheater is in operation.
Key points made in the Draft Mountain View Ordinance are as follows:
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A. Peak Noise. Noise regulations should control peak, not average noises. The current
City of Chula Vista ordinance regulates average noises. This enables a noise
producer to seriously exceed the average noise for a short duration if it is offset by
quiet times. Clearly, the "peak" noises are those which are going to be most offensive
to nearby residents and should be the ones that are regulated.
B. Low Rani:e Noise Rei:ulation. Low range noise is the most intrusive to area
residents, travels the greatest distance and is least susceptible to being mitigated
through sound barriers. The City of Chula Vista, as discussed above, uses an
averaging mechanism for its noise regulations. This entirely ignores the effect of
noise at different frequencies. The Mountain View Ordinance suggests that
regulations be established which would specifically control the volume of noise
permitted at an amphitheater for different frequencies.
C. Constant Monitorin~. The current draft CUP suggests that amphitheater noise can be
regulated through occasional or infrequent monitoring. This is totally inadequate.
Studies in other communities clearly demonstrate that the "loudest" concerts are not
necessarily the most annoying for area residents. Many factors contribute to the
extent to which amphitheater noise is annoying and results in complaints. As
previously discussed, the MCA Draft EIR is deficient because it did not address those
factors, including: wind, cloud cover, inversion conditions, and the frequency of the
noise generated. The most common practice in amphitheaters and other jurisdictions
is to require constant monitoring of average, peak and frequency sounds within the
facility and within the community.
D. Enforcement. Experience in other communities indicates that amphitheater operators
and performers willingly violate noise ordinances because of lax enforcement and
minimal fines. The Mountain View Ordinance contains a fine of $10 for each one
second of violation applied to each of the four low frequency octaves measured. This
type of regulation serves as a dis-incentive to violating the noise regulations and
provides assurance that the applicant will comply with the conditions of the
Conditional Use Permit and mitigation measures contained in the EIR. Additionally,
the City should retain the absolute authority to close the facility permanently should
the operator establish a pattern of operation in clear violation of noise standards.
I strongly recommend Chula Vista hire the Mountain View consultant to draft
sophisticated noise regulations to ensure enforcement of City standards. Chula Vista
requires their expertise to control MCA, if that facility is approved, or to seek regulation
of a Bayfront facility if that facility moves forward.
3. MCA's Bayfront Comment Letter
WJHW's Jack Wrightson, Sound Consultant for MCA, provided a comment letter
(Attachment 3) on the Chula Vista Bayfront Notice of Preparation (NOP). It is
enlightening to read the Wrightson letter critical of the Bayfront noise study and apply
Mr. Wrightson's comments to the MCA EIR and Noise Study.
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A. Noise Source Noise Levels. The Bayfront Amphitheater conducted noise tests
assuming that amphitheater noise would average 95 dBA. In response, Wrightson
states:
"a restriction of95 dBA would be highly objectionable and rejected as
overly restrictive by musicians and seriously impact the bookings and
economic viability of the facility. In short, none of the amphitheater
operators with whom we have discussed noise level restrictions have
been willing to agree to noise levels of 95 dBA at the mixing console,
typically 100 feet distance from the stage."
This observation conflicts with promises made by Wrightson and MCA before the
Chula Vista City Council. A proposed mitigation measure contained in the MCA
Amphitheater EIR is "administrative controls over stage speaker sound levels to be
applied if the reference level at the mixing booth exceeds a specified threshold that is
correlated to impacts in the community." The EIR further states that this mitigation is
"proven feasible" and "has the ability to feasibly mitigate the impacts to less than
significant levels." MCA's September 19, 1995 sound test used 95 dBA noise levels
at the source to reflect the "mitigated" sound levels. Some observers of the sound test
onsite within Otay Ranch observed that the "mitigated" (95 dBA) noise level might
be acceptable, while the non-mitigated (IDS dBA) was clearly unacceptable.
Thus the questions emerges, if it is impossible for a Bayfront Amphitheater to operate
at 95 dBA, how is it possible for the MCA amphitheater to operate at 95 dBA?
I anticipate that MCA will respond to this inquiry by suggesting that the
"administrative controls" (turning the sound down) mitigation would be used in
combination with another proposed mitigation measure, the construction of a sound
wall. However, it is important to remember that the sound walls have no impact on
sound attenuation during an inversion condition. Under those conditions, when noise
is the most intrusive and travels the farthest, the only available mitigation is turning
down the sound to a mitigated (95 dBA) level. However, Wrightson now asserts that,
for the Bayfront, 95 dBA is not a feasible alternative.
B. Noise Barriers. Wrightson is critical of the Bayfront Amphitheaters assumption
concerning the impact of noise barriers and air attenuation on amphitheater noise.
This is a fascinating discussion because, in spite of repeated requests, neither the EIR
nor the supporting technical documents have prompted MCA to analyze the
anticipated noise reduction which could result from the construction of an Otay River
Valley noise barrier. This analysis is not provided even though the construction of a
noise barrier is identified as one of MCA's mitigation measures. In our letter of
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comment to the draft EIR, we explained that the feasibility of the mitigation measure
was not analyzed. The final ErR contains no additional information. 1
C. Ambient Noise Levels. Wrightson observed that low ambient noise levels within the
Coronado Cays may vary appreciably and change the "perceptibility of concert
noise." Again, this is an important consideration for amphitheater noise, but one that
is generally ignored within MCA's own technical report and ErR. The point is, the
lower the ambient noise, the more likely that the noise may be annoying and resulting
in complaints, regardless of standards contained in noise ordinances. This is an
important consideration because the Eastern Territories (EastLake and Rancho Del
Rey) currently experience relatively low ambient noise during evening concert hours.
It is anticipated that atay Ranch upon development, would enjoy similar low levels of
ambient noise.
D. Noise Within the Coronado Cays. Wrightson observed that the combination of noise
levels predicted and the ambient noise levels within the Cays will mean that concerts
would be clearly audible. He further states that "when the winds are blowing to the
west, (Remember Wrightson did not analyze the impact of weather or wind for the
MCA amphitheater) the noise levels are expected to be 7 dBA higher. These levels
would allow residents to literally 'sing along' with many acts". Again, this is a
fascinating observation. I'm intrigued by MCA's concern that the residents of
Coronado might be able to "sing along" with many Bayfront amphitheater acts, while
they seem not the least bit concerned about the impact ofMCA amphitheater noise on
the residents of atay Ranch Villages 2 and 4. (Please note the prevailing wind,
especially in the evening hours, is from the west to the east, towards atay Ranch.)
4. South Contour
Attachment 4 identifies the disparity between the measured test results and the MCA
promulgated contours.
Below is a summary of the measured test results. The initial test was conducted with
music played at 105 dBA average and peak (this is according to Table 4.5.1 in the WJHW
report, even though it is a practical impossibility to operate at a 105 dBA average llllil
peak). The test was conducted in late afternoon and early evening. The figures below
display the average recorded sound and the peak.
The second test was conducted mid-day on April 17, 1995. The broadcast sound was
only 95 dBA. The figures below depict the recorded levels at 95 dBA and increases these
numbers by 10 dBA to reflect a 105 dBA concert. The graphic depicts the higher figure
in all instances.
I MCA has twice promised to provide The Baldwin Company documentation about the impact of a noise
barrier at their Fiddler's Green complex. The fIrst promise was made on August 28, 1995 in a meeting
with Jack Wrightson and Chris Bitterlin. The second promise was made on September 26, 1995 in a
meeting with Chris Bitterlin, Jay Marciano and Jim Baldwin, and to date no information has been provided.
5 ,).,!JC~7~
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The question of the disparity between the recorded measurements and the contours was
raised in our EIR comments. The applicant responded that adjustments were made
because of the stage house and the relocation of the amphitheater. However, none of
those considerations are analyzed, explained or documented in the EIR.
July 24, 1995 April 17, 1995 Original
4:00 - 9:00 pm 10:00 AM to 1:30 PM Notation
(A veragelPeak) (95 dBA/I 05 dBA) Relocation
A 45/55 7A
B 53/63 7C
C 55/65 7D
D 58/62 Y
E 67/68 H
F 52/56 X
G 66/68 Z
H 45/55 6A
I 57/62 D
J 60/70 2A
K 47/57 2B
L 60/70 IA
M 45/55 IB
N 47/57 4A
0 45/55 3A
P 66/74 Bridge
5. Nuisance Noise
MCA has promised it will comply with the Chula Vista Noise Ordinance. The Baldwin
Company fears that they cannot or will not comply once Otay Ranch is developed. We
are also fearful that the current City regulations, draft CUP and proposed mitigation
measures are not adequate to enforce reasonable noise levels.
The Baldwin Company's concern is heighten by MCA's request that the City amend the
noise ordinance to change the classification of amphitheater noise from "environmental"
noise to "nuisance" noise.
Environmental noise is noise "normally permitted under the land use code." Nuisance
noises are those considered "annoying, obnoxious and unpleasant." The Chula Vista
ordinance further states that nuisance noise includes "radios, stereos, T.V.'s, sound
amplifiers, musical instruments, drums."
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The ordinance provides that environmental noise limits are measured as an average.
Nuisance noise limits are measured as peaks. The other distinction between the two types
of noises is to the manner of enforcement. Violations of environmental noise standards
are enforced by an enforcement office (i.e., the planning director). Violating nuisance
noise standards are enforced by the police.
Attachment 5 contains an August 18, 1995 letter from attorneys' for MCA in which they
request the ordinance amendment.
The letter states they request the amendment to the ordinance. "in order to address
MCA's concerns that measured sound in vacant areas in excess of the thresholds
established by the ordinance could be the basis of private nuisance lawsuits."
It is appalling that MCA wants to manipulate the City code to limit the rights of Chula
Vista residents to pursue a civil action against MCA because they are suffering from
annoying, obnoxious or unpleasant amphitheater noise which unreasonably interferes
with the residents use and enjoyment of their own land (common law definition of
nuisance).
Clearly, the noise ordinance was designed to protect Chula Vista residents for the very
type of noise which typically emanates from an amphitheater, annoying and obnoxious.
MCA claims the ordinance should be amended because they don't want to be subject to
nuisance lawsuits involving vacant lands. This concern can be remedied by amending the
ordinance to provide that nuisance provisions apply to occupied or developed land, not
developed land.
MCA privately has claimed that they don't want the nuisance standard to apply to their
facility because they don't want enforcement by police. This procedural concern can also
be addressed by modifying the ordinances enforcement provisions. It is not necessary to
reclassify the nature of the noise, especially since MCA claimed they will comply with
the City's noise standards.
6. September Noise Test
Attachment 6 is a report from Dr. James Foch concerning the September 18, 1995 noise
test. The report addresses two issues:
1. The music reproduced on site was conspicuously weaker (by about 8 decibels) in the
250 Hertz range than the full song on the compact disc (and sound from typical rock
bands). The effect of this discrepancy is to underestimate noise impacts. Correcting
the defect would increase the area within the 50 dBA contour by about 42%.
2. The speaker array (horizontal as opposed to vertical) suppressed sound levels on all
angles outside of the amphitheater's axis.
7
02tJC-'11
3(8;
Your consideration of these comments is appreciated.
Sincerely,
Attachments
KJK/cc
8 ~C-7b
3/1
ATTACHMENT 1
APPENDIX
1
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1l'........~l-!l"-= ~ . ~
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... C II l!i >..._ 0 0
S~=:i;~...c
.... ~ 0 .... \II CI....
.!.:g; ~~. t.:;;
w \II c:.c .c 1:.....
BBo;a~8e-o~:;i
u....... u.... .... eo.
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.. ......::JO C
....u~>:::IO III
...t='.....".".c::.... .
.............. U ftS. ~
.-.4 U. ~'O c: O~.....
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"........... U 0'" u.....
.s..;e::::~~g
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o _ 'O.........c
III" DC. ....u
.. ...... > ..... u
.:~::......~eu8.
o....."8..~ 08.0
c:" ......... >"0.....
W >o~..... C ..
O;:.l!&~....6~~~
2" e-o .'0......... tI
~u 1:S3.~.~
0. ....." 0 tn........ 0
0111........ \II" . c: u
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...ou>...........
...'04oI....:a.. .0
.... 1:....... 0 ,,='....
. lIS 0_... CI,W,..,II
.c::4oI.c.......c...,,::I
401 .2"!Ju. 401...." l!i
~
...
,
:2
?- C(C'\
3.0 CONCLUSIONS
The various criteria are summarized in Table A3-2.
TABLE
A3-2
SUMMARY OF VARIOUS RESPONSE CRITERIA
ITEM
DESCRIPTION
Hearing Loss
Leg(24) not exceed 65 dBA for long
periods (minimum a year) for 100%
confidence.
Communication Interference
Background Leg not exceed 50 dBA
for 100% probability of no effects
for normal speaking voice up to
six feet separated from listener
for persons of normal hearing.
Sleep Interference
Peak levels not exceed 70 dBA and
differential with ambient not
exceed 10 dBA for probability of
70% that awakening will not occur.
Stress factors
No clear criteria to date.
Annoyance
Threshold for "highly annoyed" at
Leg(24) = 55 dBA.
./
Audibility
Absolute onset occurs if any 1/3
octave band is 1-3 dB higher than
both adjacent bands. Practical
onset for amphitheater is about
5 dBL less than ambient dBL.
v
Complaints
Significant change
in Sound Level
Onset occurs with audibility.
Minimum 3 dBL/ dBA, or 3 dB in any
1/3 octave band.
v
Table A3-1 reveals that the Chula Vista Noise Ordinance
limits are a reasonable way to stay within the various interpreta-
tions of acceptable impact, although some episodes of audible
concert sound will occur even when in compliance.
A3-18
d.t;JC -J /,7
30
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}'
COUNCIL
REPORT
AGENDllT A9Im:rrj ft, 1992
7.1
CATEGORY:
Unfmished Business
DEPT.:
Police/City Manager
lTJ1.E:
I
I
i
Shoreline Amphitheatre Concert Sou~d
Mitigation Strategy .
(IT' 01- '10l. ....1.1,;'\, .ll:v.
RECOMMBroATION i
I
Adopting the following two--step, Shoreline Amphitheatre concert sound mitigafion
strategy; . .. I
1. Introduang an ordinance (Attachment 1) amending Chapter 21 of the M04tain
View City'Code, modifying the City's existing community noise standards to restrict
amplified sound at all existing or potential open-air performance venues loJated
within the City; and I
. ,
2. Requesting the Shoreline Amphitheatre and Bill Graham Presents (BGP) tol
thoroughly evaluate various architectural sound mitigation proposals durirJg the
1992 concert season and report back to the City Council no later than Octobe:! 9,
1992 regarding which sound mitigation measures might be installed and im~le-
mented before the begirming of the 1993 concert season to reduce the potential for
concert sound impacts to occur in outlying areas. I
FISCAL IMPACT !
I
Adoption of the proposed ordinance will result in the need for a one-time capitJ outlay
of approxiltlately $16,000 for sound monitoring equipment and an ongoing.armu1u
expense of approximately $5,000 for persormel costs ($4,500) and equipment/mamtenance
warranty expenses ($500). . i
. I
Consistent with existing practices, the persormel costs associated with monitoring concert
sound levels would be reimbursed to the City from Shoreline/BGP. !
Also, there ~s the potential for a legal challenge to be made to any of the concert sl,und
mitigation strategies adopted by the City Council, including if the Council decides to
maintain the status quo (98 dB(A) average). If a legal challenge is made, the City tOuld
incur additional expenses for legal services.' I
I
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16192594364 P.03
AGENDA: February 11,1992
PAGE: 2
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I
At its November 26,1991 meeting. the City Council directed staff to: !
. i
. Conduct additional research and analysis regarding operation and structural I sound
mitigation measures for Shoreline Amphitheatre. . i
I
. Continue meeting with representatives of the City of Palo Alto, BGP, Abate i
Shoreline Amphitheatre Noise (ASAN) and residents of impacted neighborhoods
who do not consider concert sound impacts to be problematic to review and flarify
the City's position and the direction it is pursuing regarding concert sound ~pact
mitigation.measures. I
. Report back to the City Council regarding its recommendations for a concert ~ound
mitigation strategy to be implemented prior to the beginning of the 1992 seaJon.
I
,
Staff has completed these tasks and recommends a two-step concert sound mitig~tion
strategy commencing with the 1992 Shoreline Amphitheatre concert season. ;
i
I
The adoption of the proposed ordinance would modify the City's existing comm~ity
noise standards to restrict amplified sound at existing and future open-air perfonpance
. I
venues. . I
A 98 dB (A) ~ (as opposed to the existing 98 dB(A) averae:e) sound level dUrin~ concert
events is recommended by staff for inclusion in the proposed ordinance to control
middle- and high-frequency sound levels (e.g., vocals, electronic synthesizers, electric
guitars, cymbals), and reduce the impact of these concert sounds in outlying I
neighborhoods. I
. . I
To control lower-frequency sound impacts, the most annoying and frequent sourld impact
occurring in outlying areas, the proposed ordinance would also restrict maximutrt sound
levels in four low-frequency octave bands to the following levels: i
,
I
BOWL LIP, ONE-SECOND, MAXIMUM LEVELs-dBslow IN ocrA VE B~S
!
= I ~ I ~ I ~ I ~ I
. . I
A violation of the proposed sound levels .would be based on the number of timeS and the
extent to which prescribed peak sound levels are exceeded in any of the octave bartds
during a concert performance. A $10 fine would be assessed for each one-second ;
violation.
Step l--Qrdinailce
BACKGROUND AND ANALYSIS
32
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3.{5
. AGENDA:
PAGE:
I
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A full discussiOn of the methodology which will be used to monitor concert souhd levels
and enforce the proposed ordinance is included in the attached staff report !
(Attachment 2). i
I
Although the rioise ordinance and concert sound monitoring system proposed by staff is
unique and untried by any other jurisdiction staff has been able to identify, staff IS
confident that ~ methodology used to develop the ordinance's sound level stapdards
was sdentifically based and well founded. I
: !
As the City Council deliberates whether or not to adopt the proposed ordinance, [they
should be made aware of the following consequences which may result from th~ adoption
of the ordinance: i
. There is no guarantee that concert sound impacts will be completely elimi+ted if the
proposed ,ordinance is adopted; and I
. The im~tion of sound level restrictions may have a negative impact on ~e
attractiveness of Shoreline Amphitheatre as a performance venue, which c;ould
result in fewer acts booking the facility and less revenue for both the City ~d BGP.
Step 2-A.rchifectuRl Solutions !
I
Staff recommends that structural I architectural modifications, including but noti limited to
. the three solutions developed by Smith, Fause 51: McDonald, Inc. (SFMD in .1991,1 be
thoroughly evaluated by Shoreline/BGP during the 1992 concert season with a preferred
solution being strongly considered for construction and installation by the begirjning of
the 1993 concert season. I
. '
The evaluatiOI;l of architectural solutions is recommended by staff because an alchitectural
. solution would limit the amount of concert sound escaping from the Amphith~atre
facility and coUld provide a more consistent sound mitigation result because itsleffective-
ness would be less dependent on factors (e.g., atmospheric conditions/inversiorls> which
are outside the control of the Amphitheatre's operator and/or the performing ",tist.
I
. i
The results ofBGP's analysis of various architectural solutions, as well as their recom-
mendation regarding which solution(s) could be installed prior to the beginnin~ of the
1993 concert season, would be submitted to the City Council for review and approval no
later than October 9,1992. I
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22:57 FROM
. February 11, 1992
3;
TO
16192594364
P.04
SEP-28-1995
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15192594354 P.05
AGENDA: February II, 1992
pAGE: 4
:
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If no feasible arqtitectural solution is developed or proposed by Shoreline/BGP foJ the
1993 concert seaSon, the City Council may then decide to impose additional operational
sound mitigation measures as provided in the lease agreement, including but not ilimited
to: : '
i
. Further lowering the maximum sound levels permitted under the proposed:
ordinance; and I
I
. The installation of sound level governors on all sound amplification equip~ent
used at the' Amphitheatre. !
, I
Although the obligation to resolve concert sound impacts is an important elemen~ of the
existing Amphitheatre lease, the lease does not require BGP to undertake architectural
modifications to: mitigate concert sound impacts. The lease does, however, allow ror
operational and : sound level restrictions to be imposed. The staff recommendatiors
~cluded in this report reflect the City's ability to impose operational solutions/~und
level restrictions to mitigate concert sound impacts; recognize that architectural lIjIodifi-
cations cannot bie mandated; and acknowledges that the cooperation of BGP will bji!
necessary to implement architectural solutions. !
All costs relating to the analysis of proposed architectural solutions, as well as th~ installa-
tion of the preferred solution would be borne solely by the Shoreline Amphitheatre
and/or BGP. ; !
ALTERNATIVES
,
I
. . '
. Maintain the status quo by continuing the 98 dB(A) average sound level res,riction
during the, 1992 concert season and not pursue any investigation of potential
architectuial solutions. !
: I
. Adopt an !:n"dinance with different sound level restrictions or fine amounts I
(e.g., imposing 98 dB(A) peak sound level limit only, assessing a higher or lower fme
~vi.~~ . I
. Impose additional operational sound mitigation measures (e.g., sound governors) for
the 1992 concert season. i
. Modify the'. starting and ending times for concert events, or limit the days of I! the week
concert events can be scheduled.
Staff does not recommend the adoption of any of these alternatives.
34
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16192594364 P.06
. .
AGENDA: February 11. 1992
PAGE: 5
~ONn.USION
,
I
Staff believes that the two-step concert sound mitigation stTaregy presented in tI
staff report is reasonable and should provide both immediate (!the proposed noi
ordinance to be implemented prior to the 1992 concert season) I and long-term (I
of architectural solutions) remedies to the concert sound impa!cts occurring in :
View and Palo Alto neighborhoods. I
I
,
Approved Y:
~~~c~'-.
1-- Kevin C. Dhggan <.- "
City Manager
,
!
Prepared by:
~~4~
Brown O. Taylor
Police Chief
4.....-
Unda Forsberg
Assistant to the City Manager
BOT-LF/CAM
601-2-4-92M
Attachments
35
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15192594354 P.07
ORDINANCE NO.
AN ORDINANCE OF TIlE cm OF MOUNTAIN VIEW ADDING SEcnON
21.28 TO crIAPTER 21 OF TIm MOUNTAIN VIEW em CODE
REGARDIN"G REGULATION OF SOUND LEVELS AT OPEN.AIR
PERFORMANCE VENUES
THE em COUNOL OF 1HE em OF MOUNTAIN VIEW DOES HEREBY
ORDAIN AS:FOLLOWS:
SEcnON 1.! Section 21.28 is hereby added to the Mountain View City Code
to read as foUows:
a. Le~lative Findings and PurJXlSE!. The City Council of the City of
Mountain Vi~w hereby finds and declares that excessive sound levels
generated by:live musical performances held at open-air performance venues
in the City mil.y disturb the peace, quiet, comfort, and health iU.d safety of
dtizens who live and work near to the sites of these performances. It is
therefore the .intent of this ordinance to impose reasonable limitations on
sound levels ~tted at live performances held at open-air performance
venues in order to protect the ~mmunity, and particularly residential
neighborhooc!s, from such disturbances, while at the same time permitting
reasonable soUnd levels which will enable the performances to be heard and
enjoyed by persons who attend them for this purpose.
b.
i
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2. ~'A-weighting" is a frequency shaping filter in accordance with i
American National Standard for Design Response of Weighting Networks for!
Acoustical Measurements, 51.42-1986 or the most recent revision thereof. I
!
DefinHions.
I. ~Ambient noise" is the composite of noise from all sources near
and far in a given environment, exclusive of occasional and transient
intrusive noi$e sources and of the particular noise source or sources to be
measured. .
3. ~dBW Sound Level" in A-weighted decibels (dB(A)) is the
sound measured with the "An weighing and slow responses by a sound level
meter, roundl!d to the nearest 1/10 dB(A). dBW sound level measurements
shall be take~ and recorded at one second intervals.
4_ :Decibel (dB)" is a unit of level which denotes the ratio between
two (2) quantities which are proportional to power; the number of decibels
36
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16192594364 P.08
i
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. I
corresponding to the ratio of two (2) amounts of power is ten (10) times th~
logarithm to the base GO) of this ratio. i
!
I
5.: "City Manager" is the City Manager of the City of Mountain :
View or 'his/her designee. I
I
. 6.' Hertz (Hz) is the frequency of sound, in cydes pel second, as i
defined in American National Standard Acoustical Terminology 51.1-1976!or
the most recent revision thereof. I
. I
. '
7. . "Octave Band" is a designated range of measurement I
frequencies, expressed in Hertz (Hz) and identifIed by the center frequency pf
the band, as defined in American National Standard for Preferred I
Frequen<ies, Frequency Levels, and Band Numbers for Acoustical :
Measurements, ANSI 51.6-1984, or the most recent revision thereof. I
I
8. : "Octave Band Noise Analyzer" is an instrument for I
measurement of sound levels in octave frequency filters which satisfies ~
pertinent requirements fur Order m octave band analyzers of the AmericaJjl
National! Standard Specifications for Octave and Fractional-octave-Band i
Analog and Digital Filters, 51.11-1986, or the most recent revision thereof, and
whichIIieets the time averaging requirements for sound level meter, defuted
in American National Standard Specification for Sound Level Meters in S1.4-
1983 or fhe most recent revisions thereof. !
i
9. "Octave Band Sound LeveY' in decibels (dB) is th~ sound level.
measured with an octave band noise analyzer using the slow response, !
rounded!to the nearest 1/10 dB. Octave Band Sound Level measurements!
shall be taken and recorded at one second intervals. I
I
,
10.' "Open-air performance venue" is any place in the City, whichiis
not fully enclosed by a roof, ceiling, or other covering on top of the building
or structUre, at which live musical performances of any type occur or are :
aUtho: to occur. . I
11.. "Police Chief' shall be defined to mean the Police Chief of th~
City of Mountain View or his/her designee. !
I
12 . ''Sound level meter" is an instrument including a microphorie,
an amplifier, an output meter and "AU frequency weighing network for t:hJ
measurement of sound levels which satisfies the pertinent requirements far
Type 1 meters in American National 5tandard Specification for Sound LevFI
Meters ill. 51.4-1983 or the most recent revision thereof. I
. I
, "
13. . Supplementary Defmitions of Technical Terms - ;)efinitions ~f
technical terms not defined herein shall be obtained from American National
I
,
TO
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16192594364 P.09
Standard Acoustical Terminology 51.1-1976 or the most recent revision
thereof.
. I
c Sound Level Measurement Procedure and Criteria. Any sound levell
measurement made pursuant to the provisions of this Section lihall be made
with both a sound level meter, using the A-weighting response, and an i
octave band noise analyzer. i
Except when impractical, the microphone of the sound level meter or other
instrument used to measure sound shall be located at a minimum of four (4)
,
to five (5) feet above the ground and ten 00) feet or more from the nearest i
reflective 'surface. However, in cases where another elevation is deemed i
appropriate, sound measurements may be made from this elevation. I
,
I
Calibratidn of the sound level meter and the octave band noise analyzer, I
utilizing ~n acoustic calibrator, shall be performed immediately prior to '
recording any sound level data. I
I
The ilII\bi~nt noise level shall be measured immediately before or after the i
live performance. :
i
d, Permissible Sound Levels. It shall be unlawful for any live musical I
performance held at an open-air performance venue in the City to exceed the
following: standards, as measured from the outer edge of the occupiable I
seating area at the open-air performance venue, or, if no seating area exists,l
from the outer edge of the open-air performance venue, at any time after ~
hour of 8~30 pm. or before the hour of 7:00 am.: . I
I
!
1.
Octave Band Standard
99.0
103.0
104.0
102.0
I
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,
.\
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Octave Band Center
Frequency (Hz)
dB
31.5
63.0
125.0
250.0
2. dB(A) Standard
It shall also be unlawful for sound levels emitted at a live musical
performance held at an open-air performana!. venue to exceed a maximum:
level of 98 dB(A) when measured from the outer edge of the occupiable I
seating area, or, if none exists, from the outer edge of the perfurmance venue, .
after the hour of 8:30 pm. or before the hour of 7:00 a.m. ~
-3-
38
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16192594364 P.10
e. Aciministrative Penalties.
In acidition to any other available legal remedies, the City may impose and !
collect administrative penalties for violations of this Section from the owner
or operati:>r of the open-air performance venue, and/or frOIl\ the person(s) :
performing the live music. in amount of ten dollars ($10.00) per second for I
each one dB and/or dB(A) by which the sound generated at the perform~
exceeds the permitted octave band sound levels in decibels (dB) as rounded 'to
the nearE!St 1.0 decibels, and/or the permitted dB(A) sound level in A. I
weighted decibels (dB(A)), as rounded to the ne~t 1.0 dB(A) in decibels '
(dB(.A)).~ Such administrative penalties shall be imposed according to the i
following procedure:
1. . Notice of Violation. Within ten (10) days of the alleged i
violation; the Police Chief shall transmit by certified mail or in-person s~ice
to the owner or operator of the open-air performance venue and/or to the i
person(s) performing the live music, a Notice of Violation. This Notice shan
state the 'date, time, and place of the alleged violation(s), the extent of the i
alleged ~iolation(s) as measured in octave band sound levels in decibels (d~)
as rounded to the nearest 1.0 decibels and/or dB(A) sound levels in A- i
weighted decibels (dB(A)) as rounded to the nearest 1.0 dB(A) in decibels :
(dB(A)), and the maximum penalty which could be imposed by the City fori
the violation(s), and shall inform the person(s) charged with the violation~s)
of the right to obtain a hearing befo.re the Police Chief by filing a written !
request ~erefor with the Police Department within ten aD) days of the da~ of
the Notice. The written request for a hearing may be filed with the Police :
Deparbnent in person or by mail.
2. . HeariDS before Police Chief. Upon receipt of a timely written i
request for a hearing from the person(s) charged with violation(s) of this i
Section, the matter shall be scheduled for a hearing before the .'olke Chief~
which slj.all take place no sooner than ten (10) days and no later than forty-l
five (45) days from the date of the Notice of Violation. At the hearing, both
the City. and the person(s) charged with violation{s} of this Section shall h,ve
the right to be represented by counsel, and to present relevant evidence on;
their behalf regarding the alleged violation(s) and the imposition of i
administrative penalties.
. '
J
,
. For example, if a live performance generated sound which measured lOOjdB
at 31.5 h%., the maximum administrative penalty which could be imposed by
the City. per second would be ten dollars ($10.00). If the sound generated .
measured 101 dB at 31.5 hz., the maximum penalty per second would be
twenty dollars ($20.00). -'
4-
39
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sse
SEP-28-1995 23:01 FROM
TO
16192594364 P.ll
3. n..cision of Police Chief. The Police Chief shall notify the
person(s) charged with violation(s) of this Section of his decision in writing ,
within ten PO) days of the hearing. The Notice of Decision shall state the
amount of ~dministrative penalty, if any, imposed by the City for the .
violation(s} and that, unless an extension of time is granted by the police I
Chief for g~ cause or the decision of the Police Chief is appealed to the City!
Manager, the administrative penalty must be p~d to the City in full within :
sixty (60) cfays of the date of the Notice of Decision.
4. , Appeal to City Manaier. Any person who is found guilty of
violation(s) of this Section may appeal the decision of the police Chief by !
filing a wrj.tten request for an appeal hearing before the City Yr:lllger with tfle
City Manager's Office within ten (10) days of the date of the Notice of Decision.
The request for an appeal hearing shall state the reason(S) for the appeal of the
Police Chief's decision. Upon receipt of a timely written request, the City !
Manager's: Office shall schedule the matter for a hearing before the City i
Manager, ~o be held no sooner than ten (10) days and no later than forty-five I
(45) days after the date of the filing of the request for an appeal hearing. I
I
At the appeal hearing, both the City and the person(s} charged with I
violationCs) shall have the right to be represented by counsel, and to presentl
evidence on their own behalf regarding the alleged violation(s} and the !
adminlstr~tive penalty to be imposed. The City Manager shall notify the j
persons charged with violation(s) of his/her decision on appeal within ten I
(10) days Bf the appeal hearing. The Notice of Decision on Appeal shall state!
the amo~t of administrative penalties, if any, imposed by the City because pf
the violation(s), and that the full administrative penalty must be paid to th~
City within sixty (60) days from the date of the Notice of Decision on A~,
unless aniextension of time is otherwise granted by the City Manager for ~
cause. '
i
i
,
The decisi-on of the City Manager shall be final. I
I
f. Criminal Penalties. In addition to any other legal remedies availabi~ to
the City,lviolations of this Section shall constitute a misdemeanor, I
punishable as follows: !
By a fine of one hundred dollars ($100.00) for the first violation in ode
, .
year;
By a fine of two hundred and fifty dollars ($250.00) for the second
violation in one year;
By a fme of five hundred dollars ($500.00) for the third and any
subsequElnt violation(s) in one year.
.5-
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0:;)
SEP-28-1995 23:02 FROM
TO
16192594364 P.12
g. Violations a Public Nuisance. In addition to any Pther legal remee
avallM>le to the City, violations of this Section shall corultitute a public
nuisance. The City Attorney may, and upon direction of the City Cound
shall COJI1JIlence legal action to enjoin and restrain any person(s) from f1:
or continued violation(s) of this Section and may apply f the courts for.
relief as. appropriate.. . :
~on 2. This ordinance shall take effect thirty (30) 4ays after its adoJ
-6-
41
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-,;;.c
(,...--~ .-.f
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'.
ATTACHMENT 3
1.1(1 \ G:anl~l. tc";Irt
S...HC' r Hl
UAl1u., T\"~ r;,2.$.4
:!u v:u-.:r.w
fAX:I; ~~,2U
Wrightson, J"hn.~<Jll, Hllduon .'\: Willinllls. Inc.
C~U2JtfIlIlU inAcCPIISUc.l. Nc#~ Cal/t'Ot, l"'iJr.o. SQIInQ t:'Tld AlIJl-" jo'jruDt S\"II~-n;J
August :; 1. 1995
Mr. Bill Be:hmaJ1
BBA
244~ La H=<JlIll
I..aJ\1tl& Nlguel 92677
RECEIVED
SfP 1 8 1995
PQI;lT OF SAN 0teG0
ENYlRONMP.JTAL lIANAGBEN7
SubjeCt::
Aeousti~ impad Review
NederlaDde:r Cbula VISta Proposed Amphitheater
Dear Bu!:
This letter is Latended to provide a review of tbc enviromnenllllooisc impac:t tIita providdd in
th~ Notice of l'1-em....'!io~ (NOp) for .Ch\l1a VIsta AInpI:litb:att: and. Port Maste: PlAn
A.mcndawrt. . O\lf revieW is bued on the acOUitital iJ1formation p:o'l'lded. in the NOP" our
experience in amp~ noise cODtrol. aM ~0llUrt noise xcea.surcme= !tom a ~r of
slmUar aDlPhlCbeatC1' d~elu~ ill other ~Uies.
in gmnl, the noise impat:t dllll prepared by Gonion Bricl:en it .Associal~ is teclmir.ally
valid and wen presented 'These ara a few assumptions un:1eriyiD2 the proposed impact which
ait no! cO'll$istell1 with tYPical tmPbitQeater ope:ratiom. ne noise impact ~ Is bued on
calculation. tJtd llOt cmpiTk:al dati. from ,!bel ~ site. This is uOl ~n, or
u.tlwarrant=d as th~ is no existing filC1Uity 011 site and tltu c;ost (Q simulate ~ coacIitions
is fairly high. A'ay calculation of noise levels must assume ~ coTXlitkm5 irI order to 'be a
fair reprt:sentAUon of potemial irapact. Some of l!lcse wndidons ate:
.
S<r,l~ llOise levels.
NatLlrc: of t.al:il~ noi$e attenuation CDll$UUCUon.
Ori=-.lion pf tIic facUity. '
Am.biem noise leu in adgbhorhoodl predicted to be impacted by amp~
~~~elrtiDg how DOisc travels from th:: ~ to other loc:ation5, i~b.u1IJ:Ig:
_ Pmvaillu& winds. cb=ir timII of c1iy IIId StImgUJ..
~ or absrse at !oW altitWlI, slwp lunOsp~ temperat\l!'e
b\wm=s.
_ Effea of ground llteml&tiOll due to \/egetltiOll. denlOplnC!l1 aDd
t<;tnin!lopcgn.phy .
.
.
.
.
Ell(;b of these el~n, iilottg with SO~ wakcr in!hIcnc~ fac;ton; aff=ts tb!> oaletl.!ate4
noise It:vc;js. In tb8 NOP. \he a>'Cl'aic source IIOi.~ \evel bu mn ~t at 9:S dBA~ with
C1(teDSiYe noiRI ~ont:Ol ~1io\1 \n \he fonu of what bas been implic4 as vert high walls.
completdy cneirc:1iDg !he lludiC11Ce &rea. Briek= &. As.soci&tc:s ba~ asmm:d no "Sky wave
tlefttaalon (sic)<< Clt<)e tQ inveclocs) or excess ground atmlU8tiou. Our ~ing of the
enviroru; of the p'ropo= facility indicate that these later twO ~OllS m valid. lIS ~
tbe:a1er is direct. a O'lU w.ter. wll1eh offets virtgaUy no ~lCi.al tlOlSe ..=UOIl. a.:od wt
severe ix1v~OI1$. loW to the ground. arc; .. fairly rue =~
We cie qUoestiOll howev<:r. $Orne o(to"" other assumptions. most notably:
42
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'~/--::
~ '
~-" '-"
J . ' .
Wrlglllsort. )nhn;<;'In. H<1ddon & 'W j/iinm<;. Inc-.
Mr. 13ill Betlur.Ul - 2 -
August 31. t99:5
. Avc:..-agc 00= ~I of 95 dBA.
. AttenUttioo p.~ by to:: ~.
. AliIbio=nt ~iae levels itllleighborhoo:l5.
Source Noise Leveh . The NOP eit~ lhat c.oo::ert llOise levels, as ~~ at me a:li"'i~ll
collSOlc ~ e~ to IVcr.!gC 9S d:llA With peakS to 102 dBA. 1'his is inCoQiistatt with dIU'
measurem:tltsllt other flcl!itie!l progr:tmm;ng Similar aad \be same pe:fO!'!llet'$ ttrgcted fer ~
proposed a!lI{lbitheatez'. The I%IlIjorit;y of 'popular' lIDlsi~ alld 'fod;' actS perlorm al noise
levels averagmg ~ll over 100 dBA at the JIllx1ni COllSOle for !he dwation of their time on
stage. Our 11"~ !lavc i1ldlca.ted th~ both mi<ldle of the road and COUlllZ)' acts. ~uch
as E1tan Jolm ;md H.a:lk Williams Jr. ~rfOttn lot levels of 103.10' <1SA with peab to 106
dBA. Harder~. bU1 %lOt lmvv metal actS. such as Bzyan Ad.a.tns and Rush perform at
aven~e ~ of 104-107 dBA. We have ~sured "soft!:CJCk' acts. ~h as ~ Mood)' BlUes
at 10: dBA llld PrQcol Huwn at 101 dBA. III our wcm with several amphilbeateroPmltOl'$.
~nsible for ov~ twent'j facilities nationwide, a restriction of 9! clBA would De hi~y
objel:tiocable Ulli reJ.~ed as overly restricrive by musicians. and seriousl)' lmpatt the boo~g
and ecoocmie viabll1ty of the fu;Uity. 111 shcm, DOne ()f the ampb.ithe~ ~ors with
whom we have disC\lSsecl QOise level resuictioas bave beell wUll.ng to l!~e noise levels of :9:5
dBA at the =~j~ COCllIQlI:. typically 100 ft. disl.allt from tile stllgc. By way of comparison.
ShorcWlc AInpllifhca1er. wl:llc!l t:Xpt:l:ie=s same of em: wOl'5t comtIlunity llCilse impact in ihe
nation. !::as restricted lX1ise 1~c1s to 9S dBA at the ICU of !be l2.wn !:eI.ting, some 430 ft. fulm
the $(age. This ~on ls roughly eqJ.i~ent [0 1 JO dBA at tb:l mixing console, 9S ft. f~m
the 5t&ge.
Barrier Lo$s and Air Anecuallon ' These facum. \While. QistiDct. llre imemlllt=d and hot
idenUfJe<l separ.atc.1l' in t.bc NOP and a~ therefotl: c~t1SiQeztd togetbet beIe. The NOP
.. .tIppean to U$l.1:tI\e tlmt tbc highwaU$ around the amphitheater and lbe atmlUaUol1lioe to:air
allsoIPlion wm provide 15.}7 dBA of soUnd loSS (in addition tQ stuJdard gcc=td~l
di~e) 0Ilt to the 4O-4S dB... eontOll! buxJ ~ lhe Comnado Cays II. distance! of
app~)' 7700 ft. ftQll\ !be site:. Calca1atlon of the:;e factorS at 2S0 Hz iDd\cates Jess
atU:DU3tiol1 = Ix: cxpeeted. OUr ~perience with similar COl:l.Str1lCtiOll around amphitheaten
i.Ddi<:a.tllS till! IIlIa! attcl1IllltiOI1 of al;lout & c!IiA can be expe<:tcd, in additiOf1 co wa VII
divclg~.
Ambient Noise Lnels . At Uls locations monlto1"eO. the ambient DOise love.is due to noriaal
activity (priIImrilY reaCway U1ft'iC.) i$ higher tha..'1 expected for eom:m noise. Ullfortllnately,
the ambient noise 'lD~ were made dur.ng normal bu$iDe$s b<;iurs rather dwl duiU:Ig
COllCert boI1n o!7:00 pm 10 11:OO}1m. It is c:ommon (Of residdtW ambm JlOi5e ltveIs to be
lower in the ~u.illg and ~ than during 1lle day. EveD. ~ cI.aytiz= hours. 'II': ha'le
fcuM II wide nngc Of vadability within a giYer1 ~ ~. based on the ~
locati= of a home or measuriaa location IIild ita rclalionsmp to an= IIO~~. ~peei8ll>,
S~ lrId freeways. For c;gmple, d.aytime IlOlse levels i4 the Coronado Cays ar~ over SO
dBA in locatiollS with b of sight to the roadway O~ the W'CSt ~ of the dcvelopri=n
and. in the I%tid 40'~ dBA 011 tho bay ft<)ll1. at locaxions dlellered from the noise liOcrce. W~ in
no way disputa Ille 1lIIlb~%lIllOisc level findinss ill tha NO? we just Watlt 10 point out that. any
:ndiviau&l [OQ,non mar "U)' ,-pPf"Cia.b1y. cha::lging ~ pezuptibility Clf eotxert noise.
Orientation _ It is a weU c!OCumclltcd phcn<lIIlCllDU wt iIlll1lbitbulCn do UQt radiate =<1
equally strongly in a.ll directic1l.S. with tbe most gaielloeations being to the = of L'le faclliE)'.
The crietltation Qf the ncilil'!shoWl'l in \lIe NOP is quite EO>);!. in lhat it ~ to ~ tbe
orictltl.tion which imp:lCU lilt smallest pcpubt\OlI. Any other One11tatkJtI ........., l;niefly studied
appean w plac.. :'Dore of the 40 dBA and hlg~: !Xlis: ConlOUT on a la.--gt!T residential
43
o?t'JC-/YC
-':';''-''''''1 !
.- -""f
, , ,
Wright~f,n1. John!;<.ln. H,uldon (,( ~'illi..,m.. ln~.
Mr. Bill BeWnan .3-
August 31. 1995
population.
S.....tnm')' _ Our CODCcm in rqards to ~ issues is not to dispum tb:; .......hni'"'ll ~y, of
the llCise data within tbt: NOP. 111 fact. our primary COIlC;m is over the asS'....."'" DOisc SOl1IU
lev=ls. whk:h is au opcnUonal. not tl;l;bnical matter.
In mii:W of the wise ~ pesented. the data indicate; that noise is ~ w vioJ).te
the Coromdopost 10:00 pm noise ord~. The COCDbbliltloA of l:~ nol&e levds ~
aZ1d the ambic::m ncl= 1~1s wlU allow ~ccens to be cleatly IIld1b1e a1 many locations In d:l=
Cays. Ulldet the sc=arlo w~ the winds uc: blOWiII& to the west. the- noise levels are
expected to t'C 1 dBA highet. '!b::$c levds would allow ~idtlJtS to lilel'alJy "sI,Dg along" Wfth
tllIlI)' acts. Plea.H .~"...."b..J: that dlJ$ U$C$SmC!lJt is based on 9~ dBA SCJUICe leVeu. roughly
10 elM below 1e..-eI$ at whk:l1 tllQ$l ~ mu$\e is pla)led. 1! more typg! lc\'el$ wc:re
~ ~ .~olrtolld !iDes would be- IO dB.( ltiihc tban shown in tbo NOP. Th= is' pO
dOllbt, l1".al a 10 dBA ~ would n:sul[ m a siJnificant noise iLr4~t in tile Ceys. and
'\1Iou1d btI in violation of eoro1l6do and Cbula Vista t\Oisc <l::lmud$ for d1e cmlre duratlo~ of
l:IWlY. if Dot Il:lost l:Qnccru. .
:Based on our put ex~. we believe tbM tbis si~ ls tlOl suitabk for . mo4cm papillar
l1lusic. amphitheater. a1ld would ~amlen4 Wllnotbcr site be $OUSht. .
I tnlSt that Utis letter hu ad~ely do$:nOcd the 3.e~ 6ata In the NOP t.Ild oar ""~
in teguds to the prcdided hllpa<;t ind aSiUnlptions:mde. Please dO oot beSfmte 10 ~l $hould
yQ\lIia"lc tt1)'~O~. '
,Best Regarti$.
WRIGHTSON. JOHNSON. HADDON &. wrUlAMS. INC.
-- ~
IW:nl:J
44
e:!l-c:JC - / J' I
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,
.
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~.
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(i"
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erCAGO O,"ItICE
au.". TOW!". lurn 1100
CHICAGO. ILLINOIS '0101
TILH'HONf 13121 1".7700
'AX .3121 ..,.,."
LATIlAM & WATKINS
A'I"('rAlmM:iN'ilAf..
70' ... ITREET,IUITE 2'00
SAN DIEGO, CALIFORNIA 1210'.1"7
TELEPHONE II", 238.123.
FAX CI'I) 811.7411
TLX 510778
ELN 12713278
NEW J'''S!v OHIC!
OHI N(W""I( CINT(I!:
tflWA.fIll. NEW .JEfIlUY 07101.3174
TlLlhtONI (2011 121.12304
'AX 1201"11.7211
','.Ul It. WATCIHS nU'.11731
DAMA LATH..... lUII,,'UI
LONDON OItF'CE
ONE ANGEL COURT
LONDON EC2111 7H..lINGLAND
'TZ1.IPHON( . 44.',.n. .....,u
'AX .. ......'t.3U "10
LOS "NGUts OHICf
In WIlT ,,'TN STft!!T, SUITI 4000
1.01 ANGELlS. CALlFQIlIHIA 10071.2007
TlU""'ONI 121:11 415-1234
'AX 121:11 ",.1713
..oscow O'''IC!
11J" :'!'Nttrfln '''OS'''CT, IUTTl C200
MOSCOw 1171" AUSSIA
TfLEPMONE .. 7.10', 118.1515
'AX .. 7.103 .".!SUi
NEW VO"-= O"'CE
8" THI"C AVENUE. SUITE 1000
NEW "'01111, NEW YO'U:: 1002':-4.02
TUI.....ONt 12UI 101.1200
'AX (2121 711a61..
August 18, :1.995
OPtANQr COUNTV OFFICI!
'10 TOWN CENTEPI OPlIV!. SUITE 2000
COlT A MUA. CAI.I'OI'lNIA nU6.,.U
TELlPMONf (7'41 UO.U3I
'AX "'41 711-1:10
IAN ""'NCISCO O,FICE
101 MONTQOMrJltV ITI'I!fT. SUITE' '00
'AN "'ANeIICO. CALI'OI'lNIA ''''''-2112
TlLI'"ONI '4111 11'-0100
'AX 14'"111.'011
WAlIoI1NOTON I:) C:, OFFICE
100' I'ENHSYLVANIA AVE.. N.W.. SUITE "00
WAIMINOTON. D.C. 20004.2!Ofi
TlU,...ONE 12021 137.2200
'AX 12021 137-220'
BY TELECOPY
Mr. Joe Monaco
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Re: MeA Amnhitheater Pro;ee~
Dear Joe:
To follow up on our telephone conversation on
Wednesday, this will confirm our understanding that the Planning
Commission hearing on this project will be continued until
September 6, and that the City Council hearing will be continued
until September 26, unless the planned tour of other amphitheater
facilities can be completed in time to have the City Council
hearing occur on September 19.
To prepare for those hearings, you will supply me with
Tetra Tech's final revisions to the draft EIR, as well as a draft
of the conditional use permit, as soon as possible, and we will
endeavor to supply you with our comments within a day or two
after we receive the text. On a parallel track, we will work
with other departments in the City on the "business deal" so that
it can be adequately summarized for the Planning Commission and
the Council.
Also, in reference to Steve Griffin's letter of August
11, we understand the City's position to be that the noise
ordinance regulates impacts on actual land uses, rather than
impacts on land use categories. In other words, unless and until
land impacted by sound emanating from the amphitheater is
developed and occupied, there would be no violation of the
acl'0\"51~~~o.102
46
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~ ["I
!
. .
LATHAM . "A TKI NS
Mr. Joe Monaco
August 18, 1995
Page 2
ordinance, even if measured sound in the (vacant) area exceeds
the threshholds established by the ordinance. Given this
interpretation by the City, and consistent'" wiC'S -1'1~'Ii"""illingness
to ~ause its operations to be in compliance with the ordinance
when and if development occurs, MCA is prepared to withdraw its
request for an "exception" under 5 19.68.070 of the Zoning
Ordinance.
However, in 0 0 address MCA's concern that
measured sound in va nt s in excess of the threshholds
established by the 0 nce could be the basis of private
nuisance lawsuits, MCA would nonetheless require an amendment to
the noise ordinance clarifying that sound generated by operation
of the amphitheater would not constitute "nuisance noise" as
defined in the ordinance. As was stated in my letter of July 26,
as presently written, 5 19.68.020 of the ordinance and the
categorization of sound sources listed in Appendix A of the
ordinance arguably require the sound emanating from the
amphitheater to be characterized as,"nuisance noise," and we are
not content to rely on the discretion of the enforcement officer
under 5 19.66.078 B. Thus, we propose the following clarifying
amendment to 5 19.68.020 T.l of the noise ordinance (new text is
underlined) : .
"Noise Disturbance--Environmental. Those noise
disturbances resulting from land use activity
normally permitted under the land use code m
nermitted bv A eonditional use nermit or variance,
but which exceed the noise level limits set by
this code for that particular land use.
Environmental noise sources are specified in, but
not limited by the list in Appendix A."
Finally, I will shortly sumbit to you proposed minor
reV1S10ns to the noise mitigation program outlined in your August
2 letter to Randy Jackson.
Please give me a call if you have any questions about
this letter. I would in any event appreciate confirmation that
the text of the proposed ordinance amendment, and the
justification for it, contained in this letter is sufficient to
cause the application previously filed to now be considered
~.D\WP51\.ca\~co.1D2
47
02tJC' /31
,?,-,;.
'--.......
. LATHAM & "'ATKINS
Mr. Joe Monaco
August 18. 1.9.95
Page 3
complete, as some co~fusi~n apparently was created previousi~
when my July 26 letter was not physically attacbedtQ the
application.
Very truly yours,
~
Jon D. Demorest
of LATHAM & WATKINS
cc: Mr. Jay Marciano
Adam Friedman. Esq.
Mr. Chris Bitterlin
aDl'D\"ll'~'-aaaco.l02
48
02CC - /]S--
':::;X-
COUNCIL AGENDA STATEMENT
Item
~I
Meeting Date
10/17/95
ITEM TITLE:
Ordinance ~..5'tJ - Adopting as an Interim and
Emergency Measure for a Period of 90 Days, an
Ordinance Amendment to Municipal. Code section
19.54.010 to Exempt Residential Care Facilities
for 7-12 Residents from Obtaining a Conditional
Use Permit in Residential Zones, and from the
provisions of Chapter 19.54
SUBMITTED BY:
Director of Planni
City Attorney~
City Manager~~
4/5ths Vote: Yes~No
REVIEWED BY:
Our current Zoning Code attempts to regulate residential care
facilities that house 7 to 12 residents as an unclassified use
requiring a conditional use permit. Case law suggests that the
City may be pre-empted from regulating such uses by making any
regulatory effort related to their federally protected features an
act of discrimination for which damages may be assessed. Staff
proposes that Council recognize this pre-emption issue, and modify
the Zoning Code accordingly.
The Planning Department is preparing such amendments to the Zoning
Code and will be preparing implementing ordinances which will
exempt residential care facilities for 7-12 residents, protected by
the Fair Housing Act Amendment, from having to obtain a conditional
use permit in residential zones. (42 U.S.C. S3601 et. sea.). The
purpose of the emergency ordinance is to protect the general
welfare in the interim by minimizing the risk of the City incurring
monetary damages should its actions under the current zoning
standards be found to conflict with the rights of individuals
protected by the Fair Housing Act Amendment.
RECOMMENDATION: That Council adopt the emergency ordinance for 90
days.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
A Housing Discrimination Complaint was filed with the U.S.
Department of Housing and Urban Development ("HUD") against the
city of Chula vista. The complaint alleges that an applicant for
~/-)
~f\
Item
Page
).1
2
a conditional use permit for a residential care facility for 12
residents was discriminated against by the city. The Fair Housing
Enforcement Division of HUD commenced an investigation with the
threat that the Department of Justice will commence an action
against the city in Federal Court or before an Administrative Law
Judge.
since the filing of the complaint, the City Attorney's Office has
reviewed and researched legal authority on HUD's position that the
City's actions did or would result in a discriminatory effect on
the applicant and residents. In conjunction with the Planning
Department, the Municipal Code sections applicable to residential
care facilities were analyzed. Additionally, the experience of
other cities in the state of California was evaluated and
considered.
A review of all the above items, and in particular, the legal
research, provides sufficiently compelling evidence that
residential care facilities for up to 12 residents may locate as a
matter of right within any and all residential zones, including
those limited to single-family dwellings. Denial of a permit
application for such a facility or burdening a conditional use
permit with significant restrictions on use poses a significant
risk of exposing the City to lengthy litigation and subsequent
monetary damages. Nonetheless, nothing in this Council Agenda
statement should be construed as an admission of liability or
waiver of any defenses the city may have.
For these reasons, the city Attorney and staff believe that
amendments to the Zoning Code are appropriate. A possible final
amendment could provide that a residential care facility for 7-12
residents which residents are protected by the Fair Housing Act
Amendment be exempt from the provisions of the Zoning Code as
applied to unclassified uses in compliance with the protections
afforded by the Fair Housing Act.
upon approval of the attached urgency
90 days or less, the staff will
completion of the following:
ordinance, within a period of
undertake and work toward
. Prepare an ordinance amendment staff deems appropriate for
recommendation to the City council;
. Initiate and complete environmental review;
. Conduct public hearings.
02/-;2..,
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Item
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FISCAL IMPACT: The implementation of this urgency ordinance which
exempts certain residential care facilities from the City's
conditional use process will affect one current application which
has accumulated a total of $8,801. 74 in City staff costs. The
enactment of the urgency ordinance will require the City to forgive
these charges.
C:\A113\HUD
eJ I' 3/ "'f'/I
,..../ -,
~:i,,~ ,p'.
Il.~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA IMPOSING, AS AN INTERIM AND
EMERGENCY MEASURE, AN ORDINANCE AMENDMENT TO
MUNICIPAL CODE SECTION 19.54.010 TO EXEMPT
RESIDENTIAL CARE FACILITIES FOR 7-12 RESIDENTS
FROM HAVING TO OBTAIN A CONDITIONAL USE PERMIT
IN RESIDENTIAL ZONES, FOR A PERIOD OF 90 DAYS
WHEREAS, residents who are prot~cted by federal law and
who occupy residential care facilities housing between 7 to 12
persons may have the federally protected right to reside in the
same neighborhood environment as persons otherwise entitled to
occupy single family residential neighborhoods; and,
WHEREAS, staff has recommended that it will take
approximately 90 days to complete preparation and processing of a
zoning text amendment through the Planning Commission and Council,
initiate and complete environmental review, and conduct public
hearings; and
WHEREAS, the city of Chula vista Charter section 311(d)
provides that the City may adopt any ordinance as emergency measure
for preserving the public health, safety and general welfare.
NOW, THEREFORE, the City Council of the City of Chula
vista does hereby find, determine, resolve, order and ordain as
follows:
SECTION I: Municipal Code section 19.54.010 is hereby
amended by adding subsection (c) which reads as follows:
(c) Notwithstanding the foregoing, residential
care facilities located in residential zones
housing 7 to 12 residents who are protected by
the Fair Housing Act Amendment, 42 U.S.C. 3601
et seq., are exempt from the provisions of
this title, including but not limited to the
requirement of obtaining a conditional use
permit; provided however such facility will not
be located within 1250 feet from a similar
facility.
SECTION II: That said amendment shall remain in effect
for a period of ninety (90) days from the date of adoption hereof
unless otherwise subsequently extended or terminated by ordinance.
1
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SECTION II: That said amendment shall remain in effect
for a period of ninety (90) days from the date of adoption hereof
unless otherwise subsequently extended or terminated by ordinance.
SECTION III: That the City'S Planning Department staff
shall continue to prepare and process implementing ordinances and
initiate and complete environmental review which will allow
residential care facilities for 7-12 residents who are protected by
the FHAA to locate in residential zones in compliance with the
protections afforded by the FHAA;
SECTION IV: This ordinance affects public safety,
health, and welfare of the City of Chula vista and its inhabitants
and therefore shall take full force and effect immediately upon
final passage and adoption thereof. The facts establishing
emergency are as follows:
1. The City received an application for a residential
care facility for up to 12 residents who are protected by the FHAA.
A Housing Discrimination Complaint has been filed with HUD against
the City of Chula Vista by the applicant for the conditional use
permit. The complaint alleges that the applicant was discriminated
against by the City.
2. The Fair Housing Enforcement Division of HUD
commenced an investigation preliminary to the Department of Justice
commencing an action against the City in Federal Court or before an
Administrative Law Judge.
3. HUD has indicated that it is likely that HUD will find
that the city has or will engage in unlawful discriminatory housing
practices and that subsequent notification of such to the U. S.
Department of Justice is imminent.
4. HUD asserts that residential care facilities for up
to 12 residents may essentially locate as a matter of right within
any and all residential zones, including those for single-family
dwellings; therefore, denial of a permit application for such a
facility or burdening a conditional use permit with significant
restrictions on use could pose a significant and immediate risk of
exposing the City to lengthy litigation and significant money
damages.
5. The City Attorney's Office has reviewed and
researched legal authority on HUD's position that the City'S
actions did or would result in a discriminatory effect on the
applicant and residents. Municipal Code sections applicable to
residential care facilities were analyzed and the experience of
other cities in the State of California was evaluated and
considered. It was found that other cities have undergone lengthy
litigation and have had to pay significant monetary damages. Based
on the foregoing, the City runs the significant risk of incurring
2
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the cost of lengthy litigation as well as actual and punitive
monetary damages, injunctive relief and other civil penalties.
SECTION V: Nothing herein shall constitute an admission
by the City with respect to HUD' s assertions, an admission of
liability or a waiver of any defenses, rights or remedies the City
may pursue.
SECTION VI: The City shall refund any fees paid or
deposits received by persons filing applications to the City for
conditional use permits for residential care facilities for 7 to 12
residents that have not yet been granted by the City.
SECTION VII: The City Clerk shall certify to the passage
and adoption of this Ordinance by a vote of at least four-fifths of
the City Council of the City of Chula vista pursuant to Charter
section 311(d); shall cause the same to be entered in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council of said City in the minutes of the meeting at
which time the same is passed and adopted; and shall, within
fifteen (15) days after the passage and adoption thereof, cause the
same to be published in the Chula Vista Star News, a newspaper of
general circulation, published and circulated in said City and
which is hereby designated for that purpose.
Presented by
aved A
J
orm by
Robert A. Leiter
Director of Planning
Bruce M. Booga
City Attorney
d
c: \Ord\HUD
3
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COUNCIL AGENDA STATEMENT
Item: .,2)...
Meeting Date: 10/17/95
ITEM TITLE:
Ordinance .2. /,5/ Amending Chapter 2.66 - Park and Facility Rules
Director of par~s and Rrej~tion7Jl1V
City Manager,-,' ~ ~~\ (4/5th Vote: Yes _ No X)
The City of Chula Vista Municipal Code Chapter 2.66, which governs the rules and regulations for use
of city parks and facilities, has not been substantially changed since 1974. The Department has
undertaken the task of reviewing this Chapter and is proposing various amendments to the sections
ther.el.'n. . Th.,e intent of the ~. ......_Cl!!JII...t:Il.ctm.ents to the Chapter is an administra.t.ive "house cIeaning"\
EI'_oceclll.!IUQ .create .rweS'Which are. more applicable to situations encountered in the parks anslJ
fus!Ji.ties-The Department has worked with the City Attorney's Office to create a proposed Chapter
which reflects the required rules and regulations for park use enforcement. The Department is
proposing six new rules, the deletion of one, and minor modifications to several rules.
SUBMITI'ED BY:
REVIEWED BY:
STAFF RECOMMENDATION: That the City Council adopt the amendments recommended to the
Park and Facility Rules in Chapter 2.66.
PARKS AND RECREATION COMMISSION RECOMMENDATION: At the September 21, 1995
meeting, the Parks and Recreation Commission unanimously voted to support (7-0) the proposed
amendments to the Park and Facility Rules in Chapter 2.66.
DISCUSSION: Since 1974, only minor amendments have been made to Chapter 2.66 of the Chula
Vista Municipal Code Park and Facility Rules. In 1986, the following new rules were created:
1. 2.66.035 - Glass container and beer kegs prohibited
2. 2.66.043 - Alcoholic beverage consumption and possession restrictions on public park properties
3. 2.66.185 - Amplified noise
4. 2.66.270 - Activities prohibited during certain nighttime hours
5. 2.66.310 - Group Use - Rules and Regulations
Each of the above rules were created to meet an existing need at the parks to provide the necessary
constraints for the safety, welfare and enjoyment of the city parks for all.
With the passing of time, the Department has encountered certain troublesome or unpleasant activities
that infringe on the public's right to enjoy an outing at park and recreation facilities. Therefore, the
following new rules, and minor modifications to old rules, are proposed:
{NETWORK - All3 . ParkRule.A13 . October 12, 1995]
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Item: 02)-
Meeting Date: 10/17/95
I. 2.66.010 - Purpose and intent of provisions. Add to end of paragraph: To further this purpose
and intent. the Director of Parks and Recreation is authorized to both promul!!ate reasonable
rules and rel!Ulations and post signa!!e as mav be necessarv and appropriate to carrv out the
provisions of this Chapter 2.66 of this Code. (Revised)
Justification: This language authorizes the Parks and Recreation Director to administratively V
carry out the provisions of the park and facility rules code section.
II. 2.66.015 - Definitions. This new sections adds definitions of terms and language used
throughout the Code section. The new definitions are "alcoholic beverage, "Park" or "City
Park," "The Director of Parks and Recreation," and "Recreation Area." (New)
III. 2.66.020 - Applicability to specific actions. (Revised)
These changes delete extraneous language.
IV. 2.66.030 - Gambling and gaming prohibited. These changes delete specific descriptive language
and add a general statement for ease of interpretation.
V. 2.66.035 - Glass containers and beer kegs prohibited - exceptions. (Revised)
These changes add stronger definitive and enforcement language.
VI. 2.66.040 - Sale or servin!! of iHt01lisatiHgalcoholic beverages in recreation buildin!!s prohibited.
(Revised)
This change requires the issuance of special permits for use of alcoholic beverages at stated
recreation facilities.
VII. 2.66.043 - Alcoholic beverage consumption and possession restrictions on public park properties.
(Revised)
It is HRla'!.'flil fur aay p@rSI3R tl3 SI3RSHm@ or pClSS@SS aay alsl3i1l3lis 9wl@rag@ (as
B@fiH@B iH til@ Califoraia EHSiH@SS aRB ProfussiClRal CI3B@, S@stieJH 13001), iR Hilltop
Parle 9@tw@@R til@ i1I3HIS I3f 9:00 p.m. tl3 7:00 a.m. BHriHg tile H1I3Htils I3f J'..pril tilFl3HgR
OetflB@r, 9f during tR@ ReRrs of 7:99 f).m. 10 7:00 a.m. EhuiRg tR@ months fir N0~:tHBB@r
tilroHgR Marsh.
A. It is unlawful to consume or possess an alcoholic bevera!!e within anv City park
durin!! the hours of closure established bv Section 2.66.270 of this Code.
B. It is unlawful to consume or pOssess an alcoholic bevera!!e at anv time within
anv of the City Darks or parts thereof or UDon anv public street. sidewalk. plaza.
parkin!! lot or rest room contil!Uous to or immediatelv adioinin!! the territorial
[NElWORK - Al13 - ParkRule.A13 - October 12. 1995]
2
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Item: ~
Meeting Date: 10/17/95
boundarv of those parks or parts thereof when posted with sil!Ils prohibitin!!
drinkin!!. The Council mav. bv resolution. direct the postin!! of such sil!Ils.
Justification: The prohibition on alcohol beverage consumption at Hilltop Park was instituted
in 1992 to address a problem. The Department is proposing that a change in ordinance be put
in place to allow Council to post prohibition signs upon Department's recommendation to curb
drinking problems in all parks. In the past six months, the Police Department has received 33
Calls For Service (CFS) at Rienstra Fields. Six of the CFS were for drinking.
VIII. 2.66.045 - Open alcoholic beverage containers prohibited in park's parking lots or public
roadways. (New)
It is unlawful to oossess or consume an alcoholic bevera!!e within. or have or possess anv
bottle. can or other receptacle containin!! an alcoholic bevera!!e which has been opened.
the seal broken. or the contents of which have been partiallv removed. upon anv public
street. sidewalk. parkwav or parkin!! lot within or immediatelv adioinin!! a City park or
recreation center.
Justification: The Department has received numerous complaints by adjacent residences at
Discovery Park regarding players drinking beer, and noise late after games. Staff has
encountered increased alcoholic consumption in parking lots by adult softball players prior to
and after games at softball facilities. Sometimes this impacts staffs ability to secure parks in
the evening hours. The Police Department received 14 CFS's in past six months. Four of the
CFS's were for late night noise.
IX. 2.66.050 - Toilet and rest room use restrictions. (Revised)
By stating that when appropriate signage is present, rest rooms are designated for same gender
only.
X. 2.66.060 - DistrielltisH or Posting of handbills and other papers prohibited. (Revised)
Deletes existing language and add language which more clearly defines the policy of handbills.
XI. 2.66.070 - Sale or solicitation for sale of merchandise. food and bevera!!e prohibited -
exceptions. (Revised)
Add language for better definition of intent of section.
XII. 2.66.075 - Vending vehicles parking and stopping regulations. (New)
Except pursuant to a permit issued bv the Director of Parks and Recreation or except
for emer!!encv repairs. it is unlawful to stop or park a food vendin!! vehicle or other
vehicles within a City park or parkin!! lot adioinin!! a recreation center or uoon a public
street immediately adiacent to a City park for the purpose of. or to sell. !!ive awav.
[NElWORK. A113 . ParkRule.A13 - October 12, 1995]
3
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Item: :1.2..
Meeting Date: 10/17/95
displav or offer for sale anv food or beverage product from that vehicle. Anv vehicle
stoPlled for emergency repairs shall not sell. give awav. displav or offer for sale anv food
or beverage product.
Justification: Vendors at parks have become a nuisance. They generally double park along
sidewalks, park illegally in parks, litter the park with product papers, and they create a safety
nuisance by attracting small children to run in the streets or parking lots and be exposed to
vehicular traffic.
XIII. 2.66.080 - Injuring or defacing structures or monuments. or digging or removing vegetation,
stnwtllfBs sr H1SHUI!l@Hts prohibited. (Revised)
Deletes existing language and adds new language to better define the authorization process of
making changes to vegetation. Also adds language pertaining to graffiti.
XIV. 2.66.090 - Littering prohibited. (Revised)
Deletes existing language and add a reference to enforcement of this topic by a penal code
section.
XV. 2.66.100 - 2.66.150 - (Various revisions) These revisions are recommended for clarifying
language.
XVI. 2.66.180 - Operation of model airplanes and certain other vehicles prohibited where. (Revised)
Language changes allow for permitting process for use of model airplanes, etc.
XVII. 2.66.181 - Archery and Golf Prohibited - This type of practice is occurring more frequently.
When no one is in the park, there is not a problem. (New)
XVIII. 2.66.185 - Deletes existing language and proposes language which will determine the limit of
amplified noise for enforcement purposes as requested by Police Department. (Revised)
XIX. 2.66.190 - 2.66.310 - Revision of general sections to provide for clearer definition of purpose
and enforcement.
XX. 2.66.320 - Issuance of park permits. (New)
Although some sections allow for permitting as an approval process for certain uses, this section
defines conditions, if met, allow for denial of a permit for park use.
XXI. 2.66.330 - Enforcement - There is an enforcement provision in Section 1.20 of the Code,
applicable for all City ordinances. (New)
Violations of this Chapter 2.66 are punishable pursuant to Chapter 1.20 of this Code.
[NETWORK - A1l3 - ParkRule.A13 - October 12, 1995]
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Item: ,1.1..
Meeting Date: 10/17/95
FISCAL IMPACT: No additional personnel other than the Department's Park Rangers and the Police
Department patrol the parks to enforce rules and regulations. A potential revenue source exists if the
Department designates certain parks for special commercial ventures i.e., pony rides, astro-jumps etc.
and grants concession rights for vending vehicles.
o
[NElWORK-Al13 .ParkRule.A13 - October 12, 1995]
.2~f );"-f,
37/
ORDINANCE NO. .2...(,.>l
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
2.66 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO PARK AND
FACILITY RULES
SECTION I: That Chapter 2.66 of the Chula Vista Municipal Code is hereby amended to
read as follows:
Sections:
2.66.010
2.66.015
2.66.020
2.66.030
2.66 035
2.66.040
2.66.043
2.66.045
2.66.050
2.66.060
2.66.070
2.66.075
2.66.080
2.66.090
2.66.100
2.66.110
2.66.120
2.66.130
2.66.140
2.66.150
2.66.160
2.66.170
2.66.180
2.66.181
2.66 18Q~
2.66.190
2.66.200
2.66.210
2.fifi.11.0
2.66.230
2.66.240
2.66.250
Chapter 2.66
PARK AND FACILITY RULES"
Puxpose and intent of provisions.
Definitions.
Applicability to specific actions.
Gambling and gaming prohibited.
Glass containers and beer kegs prohibited . exceptions.
Sale or servinR of alcoholic iD(eRl!ldiag beverages in recreation buildinRS
prohibited.
Alcoholic beverage consumption and possession restrictions on public park
properties.
()pen Alcoholic beveraRe containers DfOhibited in Darkin.. lots or oublic ways.
Toilet and rest room use restrictions.
DistribUtiOB or Posting of handbills and other papers prohibited.
Sale or solicitation for sale of merchandise. food and bevefllll[e prohibited .
exceptions.
VendinR vehicles. Darkin.. and stoooinR reRUlations.
Injuri.n.g,or defacing er t=e1R~niag vegeta1i9B, structures or monuments or ditnrln2
or removinR veRetation prohibited.
littering prohihited.
Uit.1.'"& of 1>0...00 or I'Parking of vehicles prohibited v:heR.
Oeaning or repairing of vehicles prohibited.
.'AIt9mobile Vehicle speed limited.
Animals, Iive&teek an 11. f.....i prohibited. exceptions.
Fires prohihited . exceptions.
Tampering with equipment, tools or materials prohibited.
Birds and animals-Catching, wounding or killing prohibited.
Birds and animals-Poisoning prohibited.
Operation of model airplanes and certain other vehicles prohihited v<h_.
Archery and Rolf reRUlated.
Amplified Noise.
Disturbing of meetings and other gatherings prohibited.
Discharge of fireworks and firearms prohibited.
Bathing, fishin.. in or polluting certain waters prohibited.
HulsG8Ilt sr l:Ilt:ea"~-:-g sanaa pmbihited.
Shows, lectures. Rames of amusement. and other exhibitions prohibited-wl>en.
Games of ol'l!3Uized sport prohibited EKepli.oBGrestricted.
Riding hicycles, motorcycles. roller bIadinR. roller skaoo... skateboardinR or other
\~SS prohibited. vli:tsl'e.
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2.66 260
2.66.270
2.66.280
2.66.290
2.66.300
2.66.310
2.66.320
2.66.330
2.66.010
Camping and other overnight activities prohibited "-~llpli9Bll.
Activities prohibited during certain nighttime hours - exceptions.
Obstructing Dr ----.yiRg vehicular .......d pedestrian traffic prohibited.
Carrying of arms and weapons prohibited - exceptions.
Weapons in violation of Section 2.66.290 deemed nnisance confiscation and
destruction authority.
Group use - rules and regulations.
Issuance of park permits.
EnforcemenL
Purpose and intent of provisions.
It is the purpose of the City Council, in establishing rules and regulations governing the use of park and
recreational areas in the City, to insure the public in general, and the inhabitants of this community in
particular, full and equal rights to the use and enjoyment of said public facilities without regard to the status
or condition of the users of the facilities. It is recognized that society generally, and the inhabitants of any
community have a right to have publicly-owned premises maintained in a sanitary and orderly condition.
Further, the City Council recognizes the rights of individuals to speak, write and freely disseminate their
views and to make full use of public facilities so long as said rights are exercised in the manner which is not
inconsistent with the rights of others and violative of said rights. It is the intent of the City Council, being
aware that no rights are absolute, to regulate and prohibit certain activities in public parks and other places
of public recreation within the City, in the interest of protecting the enjoyment and safety of the public in
the use of the facilities. To further this purpose and intent. the Director of Parks and Recreation and City
Council is authorized to both promulS!ate reasonable rules and reS!ulations and post siS!naS!e as may be
necessary and appropriate to carry out the provisions of this Chapter 2.66 of this Code.
2.66.015
Definitions.
Within Chapter 2.66 of this code. the followill5[ definitions apply:
A. "Alcoholic beveraS!e" means any beveraS!e as defined bv Business and Professions Code Section
23004. and includes beer. wine. whiskey. S!in or similar beveraS!e containinS! more than one-half of
one percent of alcohol bv volume.
B. "Park" or "City Park" means the land and easements owned or leased by the City of Chula Vista
which. by ordinance. resolution. reS!ulation or as!reement is dedicated to or operated by the City for
purposes of sports and public recreation. The term shall include the buildinS!s. parkinS! lots. streets
and sidewalks within the territorial boundaries establishinS! the park.
C. "The Director of Parks and Recreation" means the Director of Parks and Recreation or desiS!nee.
D. "Recreation Facility" or "Recreation Center" means a buildinS! and the aopurtenant land owned.
leased or operated by the City of Chula Vista for the purpose of sports and public recreation
activities. and includes a parkinS! lot servinS! the buildinS! and any contis!uous sidewalks. AlthouS!h
a recreation center or recreation facility may be located within a City park. it is a separate and
distinct term for purposes of Chapter 2.66.
E. IIRecreation Arean means a City nark. as dermed in this section.
2
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F. "Recreation Trail" means a path or way located within a City park. or within open space within the
City of Chula Vista that by ordinance. resolution. re~ulation or a~reement is dedicated to or
operated by the City of Chula Vista for purposes of recreational hikin~ and ridin~.
2.66.020
Applicability to specific actions.
It is d.clared unlawful for any person either as employer, employee, principal or agent to do any of the acts
hereinafter in ~e.tie... :1 ~~.gJg through :1.(i~.:19g Chapter 2.66 of this Code specified within the exterior
boundary lines of any park or recreation area in the City.
2.66.030
Gambling and gaming prohibited.
It is \lalw'f.ul te maintain Sf enhiGit ~ gamhliBg tahle Sf ether mst:mmeat sf gambling Sf gaming, Sf te
partieil1ate Sf play Sf .'~ager aT Bet ia ~. game "Nhith is played, ~gBdueteQ, dealt Sf eanied ea "J.ith eanis,
eisa, Sf ether aeyiee, Sf with mener, eait's, shells, ereEiit Sf ether refu:8seatat:i!:e gf ":al\1e. Gamblin2: and
l!:amin~ is prohibited pursuant to the provisions of Penal Code Section 330 and 330A.
2.66.035
Glass containers and beer kegs prohibited - exceptions.
:\11 glass eeRtaiBeRi ana heer kegs are prsRieitea Kem Ci~ parks.
A. It is unlawful to possess a ~lass container in any City park.
8. It is unlawful to possess a beer ke~ or any similar sin~le container capable of containin~ or
containin~ more than one ~allon of beer classified as an alcoholic beYera~e within any City park or
recreation center.
C. Except where expressly permitted under the terms of a lease. operatin~ a~eement or permit issued
by the Director of Parks and Recreation. it is unlawful to possess a ~lass container within any
recreation center.
2.66.040
Sale or servinl!: of iBtellicaliBgalcoholic beverages in recreation buiIdinl!:S prohibited.
The sale sf iRtexieatiag beverages is \lBlw'fy.1 Fer the f)1U}l9S8 af thh: seeseR, the ,'.sras "int9nieatiBg
beverage" shall he eSRstrtted te mean ana shall iBehule an.:," Beef, "1.iRe, "1.7hiskey, gin sr ~. sther 9lP":erage
eSRt"'~-~-g mere than eRa half sf eRe f'ereeat aleElhEll BY "'shtma
A. Except as authorized in Section 2.66.040(8). it is unlawful to sell or serve any alcoholic bevera~e
at any recreation center.
8. Alcoholic bevera~es may be served pursuant to a special permit issued by the Director of Parks and
Recreation at the followin~ recreation centers: Chula Vista Women's Club and Rohr Manor.
2.66.043
Alcoholic beverage consumption and possession restrictions on public park properties.
It is \lRl~vful fer aay perseR tEl eeBS\lmS af pessess any aleshslie Bs"'sFaga (as elsfi.Rael in ~e CaliWmia
B\lsiaesc ana Prsfessiellal Cede, ~eet;isll 21094), ill F.Iilltsp Par:k Be~.TeeB the as\lt=s af9:0g p m te 7:0g a.m.
d\lriRg tAB meRth!; sf .^.qn:i1 tMsugh Qet8Ber, sr duriRg the ha\lRi sf 7:0g pill ts 7:0g a.m. d\laag di9
IIlSRthS af }JsvemBer tArEJ\lgh }1areh.
..2;2-7
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A. It is unlawful to consume or possess an alcoholic beverall:e within any Citv park durinll: the hours
of closure established bv Section 2.66.270 of this Code.
B. It is unlawful to consume or possess an alcoholic beverall:e at any time within any of the Citv parks
or parts thereof or upon any public street. sidewalk. plaza. parkinll: lot or rest room contill:uous to
or immediatelv adioininll: the territorial boundarv of those parks or Parts thereof when posted with
sill:ns prohibitinll: drinkinll:. The Council may. bv resolution. direct the postinll: of such sill:ns.
2.66.045
()pen alcoholic bevemll:e containers prohibited in park's parkin... lots or public ways.
It is unlawful to possess or consume an alcoholic beverall:ewithin. or have or possess any bottle. can or other
receptacle containinll: an alcoholic beverall:e which has been opened. the seal broken. or the contents of
which have been partiallv removed. upon any public street. sidewalk. parkway or parkinll: lot within or
immediatelv adioininll: a Citv park or recreation center.
2.66.050
Toilet and rest room use restrictions.
It is unlawful for any male person over eight years of age to enter or use any toilets or rest rooms desimated
bv sill:na!>:e for women or for any female persons over eight years of age to enter or use any toilets or rest
rooms desill:nated bv si!>:na!>:e for men in a public park.
2.66.060
1);.lIilllmoB or Posting of handbills and other papers prohibited.
It is "nla....oful to distRlmte, oirc"late, ~ gR.e .......ay, throw sr del'ssit in or DB any of the I'''''*" or I'Ia9as
any aanabillf;, eirewaFs, pamphlets, traG!!;, QeageFs, papeRi af atP.'emsemeats; Sf t9 pest Sf eff.er Sf affix t9
any tree, f.eaee Sf 8tNH~turQ situated "Aithia any E\lcl1 park erplaza any lumabills, ein~\llan;l, pamphlets, tragts,
QeageRl, papers af aarem.semeats
A. Except as authorized in Section 2.66.060(8). it is unlawful to post within any Citv park or recreation
center or to post or affix upon any tree. fence or structure or buildinll: located within any Otv park
or recreation center any handbills. circulars. pamphlets. tracts. dodll:ers. papers or advertisements.
B. With the permission of the Director of Parks and Recreation. announcements may be posted upon
communitv service bulletin boards located within recreation centers.
2.66.070
Sale or solicitation for sale of merchandise. food and bevem!>:e prohibited - exceptions.
Except as authorized bv a permit issued bv the Director of Parks and Recreation. it is unlawful to sell or
offer for sale any merchandise, article, food. or bevera!>:e or any obiec~whatsoever, or to practice. carrv
on. conduct or solicit for any trade. occupation. business or profession. within any Citv park or recreation
centerexoel't by I'ermit of tho cilOl', or to I'raotioe, cany OB, cond"ct or solicit far any trade, OOO\ll'atiOB,
In:u:iRe~1: Sf fJr9f-e~si9R ,,:'ithS\lt the "rritteB GeRseRt sf the dirseter sf paR<S ana rseFeatisR.
2.66.075
Vendin... vehicles - parkin... imd stopom!>: re2:U!ations.
Except pursuant to a permit issued bv the Director of Parks and Recreation or except for emer!>:encv repairs.
it is unlawful to stop or park a food vendin!>: vehicle or other vehicles within a Citv park or parkinll: lot
adioininll: a recreation center or upon a public street immediatelv adiacent to a Citv park for the purpose
of. or to sell. ll:ive away. displav or offer for sale any food or bevera!>:e product from that vehicle. Anv
vehicle stopped for emerll:encv repairs shall not sell. !>:ive away. displav or offer for sale any food or bevera!>:e
product.
4
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2.66.080
Injuring ordefacing structures or monuments. or dil!:ml!: or removing vegetation, ._-..e.
or mOBum_ prohibited.
Itis YBICR\iu.l te 'Bu.t, hreak, iBjare, defaee Sf disturb any tree, dame, plaBt, reek, lnliIamg, {-ease, heRek, taBle
Sf ether stnlemres, apparams Sf preperty; Sf te plu.ek, pull \Ill, eat, tahe aT rem.eve any shrub, lnlsR, plant
Sf ftgmar; Sf t9 mark Sf ~te \Ipsa, paia! Sf aefaee iB aBo/ manner, any building, meB\lmeIlt, {-ease, BeRea
Sf stileT fitl:tH!tarE!
A. Except when authorized bv the City Manal!:er or Director of Parks and Recreation. it is unlawful to
diSl UP veSletation or dill within any City park or recreation center or recreation area.
B. Except when authorized bv the City Manal!:er or Director of Parks and Recreation, it is unlawful to
cut. break. iniure. deface or disturb any tree, shrub, plant or other vel!:etation, rock, buildinl!:. fence.
bench, table or other structure, apparatus or property within any City park, recreation center or
recreation area.
C. Except when authorized bv the City Manal!:er or Director of Parks and Recreation, it is unlawful to
mark or write upon, paint or deface in any manner any tree. rock. buildinl!:. monument. fence. bench
Of other structure within a City Dark. recreation center or recreation area. or to attach a decoration
of any sort to any structure in or at any City park or recreation center.
2.66.090
Uttering prohibited.
^
--.
It is \lRla"\~l t9 thnr'.'.T, lea"ni!, Sf depesit any bewes, tin 'BaRS, BrekeR glass, paper rubeish, refuse
Sf WiEte mateFial ef an~' kina in aIlo/ plase e1tseptin sentaiBen:; fer saSH pUFpeses maintaiaed by the
~
B. It i~ \lBla~...ful ts Ha-'\.e, pessess Sf \lse aBo/ sup, t;UmBler, jar sr ssntainer maae ef glass ana used f.gr
OllR?iRg "r o"BtaiRiRg any Ii'l"id fer driRkiRg JlllIfles.s, .,w.Jl[ iR legatioRs v..h.re sHoh geBtaiRmi.
are pet=.mittsa UIlaer the terms sf a ISaBe, spera13.Bg agreement sr pet=.mit Litterinsr in a City oark.
recreation area or recreation center is prohibited pursuant to Penal Code Section 374.4.
2.66.100
lJj>-"'-g of ha..e. w"Parking of vehicles prohibited where.
It is unlawful to I.a,'. ar hitoh any hers., er leave or park any automobile, motorcycle or other self.driven
vehicle on any park, recreation trail or plaza property, excepting at such place or places as are provided for
and designated as places for the leaving or hiteHing sf Renes sr fer the lea1'ing sr parking of automobiles,
motorcycles or other self-driven vehicles.
2.66.110
Cleaning or repairing of vehicles prohibited.
It is unlawful to clean, wash or polish, or to make other than emergency repairs upon any automobile,
motorcycle or self-driven vehicle within any City park or at any recreation center.
2.66.120
.A._mobile Vehicle speed limited.
It is unlawful to drive an automobile, motorcycle, or other self-4WeR propelled vehicle HJleR ~' JlaFk ee
Jllaaa JlreJlortydefinedin the Vehicle Code within any City park at a speed in excess of fifteen miles per hour.
2.66.130
Animals, Ih.esteek aIld feVII prohibited - exceptions.
It is liBla...q3u1 te bFiagJ lea"le, rom leese sr alle'W te ge any Rerse, se..!.r, e1[, sReep, geat, aES, s...f-Ile, deg sr
.,).,2 -iI
5
.~? 71
___ . k:?
fe"nlef any kiad. iB sr \Ipsa S\ls!l p~k sr plaO!a; prs"id.ed. he"!.~e'~ef, that thi~ seetiall shall Rat app1;.. ts d.egs
sr RSJi'ses ,'ilieR are in speeial areas ef parks d.esignated and. pasted BY the direeter sf }JiWk6 aHd reereatieR
fer s\leR p\lrpeses, and. ss lSBg as the reg\llatieBs sf the direstsr sf parks aad reereatisa "with re~peet ts the
\lse sf S\leR areas are eempliea "J.ith.
A. Exceot as orovided in subsection B or C. it is unlawful to ride, bring, leave. turn loose or allow anv
animal to be within anv Citv Dark. recreation trail or recreation center.
B. Exceot during a dog show or exhibition authorized bv the Director of Parks and Recreation, it is
unlawful to bring or allow a dog to be within anv Citv Dark. recreation center or recreation area.
unless the dog is restrained bv a chain. line or leash not to exceed six feet and is in the custodv and
control of some comoetent oerson.
C. Subsection A shall not aoolv to dogs or horses which are in soecial areas of Darks or on trails
designated and oosted bv the Director of Parks and Recreation for such OUTDoses, orovided
regulations for the use of the designated area are comolied with. Subsection A shall not aoolv to
a seeing-eve dog or other service animal assisting a oerson with a disabilitv.
2.66.140
Fires prohibited - exceptions.
It is unlawful to make or kindle any~ fire except in picnic stoves. fire-rings or fireplaces provided for that
purpose, except by permission in writing from the Director of Parks and Recreation.
2.66.150
Tampering with equipment, tools or materials prohibited.
It is unlawful to open or close any valves or switches pertaiuing to the water....&!!& or electric service or to
move or remove from one location to another or destroy any equipment, tools, implements or materials used
by the Parks and Recreation Department, provided however, that this section shall not apply to any
employee or contractor of the Parks and Recreation Department while in the performance of his duties.
2.66.160
Birds and animals-Catching, wounding or killing prohibited.
It is unlawful to wound, kill or catch or to attempt to wound, kill or catch any bird or other animal except
on the direction of the city.
2.66.170
Birds and animals-Poisoning prohibited.
It is unlawful to give or offerto any animal or bird, any tobacco, alcohol or other known noxious substances.
2.66.180
Operation of model airplanes and certain other vehicles prohibited where.
~Je peRleR shall sperate Bar alls,'.~ ts Be speJi'ated aIl~. msdel airplane, me del ear, ge ems sr ether
self prepelled aevises aad ether".eaieles YpSB the dw:e"J.pays, paths er gre\lRds ef~"}JiIEk er resreatisaarea
em!ept vithia these Meas sr \Ipsa these gre\lBds speeifieal~ aesigBatea aaa pested fer Sliea speratiel1.
Exceot in an area designated with signage bv the Director of Parks and Recreation for that OUTDose, it is
unlawful to ooerate any model aiTDlane. model car, gO-cart or similar self-orooelled device, toy or model
within any Citv Dark or recreation area.
6 .,2:2 -j:L.
2.66.181
Archerv and I!olf rel!11lated.
Except where authorized bv the Director of Parks and Recreation bv posted simal!e. it is unlawful in any
City park. recreation center or recreation area to practice or participate in archery or I!olf. or to possess an
implement used for archery or I!olf except when in direct transit to a desil!nated area.
2.66.185
Amplified noise.
.'\mplified aeif;e af Selma Hem rasias, tele"'".~f.iieBs, line !Basis aHa geBeraters is prehihitedia the par..ks m:H8fJS
prier writteR apprsT:al is gv:ea BY the Direeter sf Parks aHa Reereatisn.
Except when authorized pursuant to a permit issued bv the Director of Parks and Recreation. it is unlawful
in any park or recreation center to operate a radio. television. stero or any similar electronic or mechanical
device capable of producinl! or emittinl! sound at a volume where the sound is audible at a distance I!reater
than one-hundred feet from the point of emission (Ord. 2172 &2. 1986).
2.66.190
Disturbing of meetings and other gatherings prohibited.
It is unlawful to disturb in any manner any picnic, meeting, services, concert, exercises, exhibition. athletic
events. special events or orl!anized class. or to indulge in riotous, boisterous, threatening or indecent conduct
or abusive, threatening profane or indecent language in any public park. buildinl! or recreation area.
2.66.200
Discharge of fireworks and firearms prohibited.
It is unlawful to discharge any firearm, firecracker, bomb, torpedo, rocket or other fireworks without the
written consent of the Director of Parks and Recreation; provided however, that as to the discharging of any
firearms this section shall not apply to any authorized peace officer or employee of the Parks and Recreation
Department while in the performance of his or me;.her duties.
2.66.210
Bathintz. fishinl! in or polluting certain waters prohibited.
A. It is unlawful to bathe. swim or fish in the waters of any lake, pond, pool, er at any hyd.""t, or
throw into or deposit any dirt, filth or foreign matter in the waters of any lake, pond, pool, or in
like manner pollute the same; provided however, that nothing herein contained shall be construed
to prohibit swimming in any municipal swimming pool in accordance with the rules and regulations
provided therefor.
B. It is unlawful to use a sink in any public park or recreation buildinl! to launder clothinl! or to bathe
or wash any Part of the body other than the hands or face. or both.
2fifi 22g
lIuteGeDt 9f tIH-eate-:-g egBdu~ prghibited.
It is 1:lRla10Ttu,1 te be g\li1~' sf an~' iBaeeeBt eeaQ\lGt, Sf indulge Hi ~. RetellS, Beistere\ls Sf YKeateaiag
Bea"'Aer.
2.66.230
Shows, lectures. I!ames of amusement. and other exhibitions prohibited-whtm..
It is unlawful to set up, maintain or give any exhibition, show, performance, lecture, concert, place or I!ames
of amusement (i.e. dunk tanks. air inflated astro-lump. pony rides. etc.) or concert hall without the written
:2..2 -/.3
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~ [.)
consent of the Director of Parks and Recreation.
2.66.240
Games of onanized sport prGhiBited ElIoeptiGasrestricted.
It is \lIlla"A~l te play any game rat hall Sf engage in any fJpert 81csepaag in slash plaseE; ana at SlISR times
as sRaU Be aesigaatea fElr su.ea purpe88S br taB airEu;;ter sf paries ana reereatisB. ExceDt in areas desiSlnated
bv the Director of Parks and Recreation bv oosted si2na2e for that ourpose, it is unlawful to olav bailor
en2a2e in other soorts activity within a City oark or recreation area.
2.66.250
Riding hicycles, motorcycles. roller bladinl!:. roller skatinl!:. skateboardinl!: or other 'Jemee.
prohibited VIhe.....
It is \lBlarJ.'fal te Rae a Bi~de, tri';re1e, metereyele Sf allY ether "laniels sa any path, BRals trait ...ralk Sf
ill~. at:eaae; pre".~Qeah91:'~enef, that Bathing herem shall Be e9BS~eQ ts preBihitthe Raing sf any hie-yale,
tJ.:.iere1e, Hletereyele Sf ~. ether ".shiels SIl faaas a8sigaatea ana estaelished {-af autemeti"!e traffie.
A. Exceot as orovided in Section 2.66.2508, it is unlawful to skateboard. roller blade or roller skate
or ride a bicycle, tricycle, motorized bicycle, motorcycle or motor vehicle on any oath, bridle trail.
walk or sidewalk in any City oark or recreation area.
8. It is lawful to skateboard, roller blade or roller skate or ride a bicycle or tricycle within a City oark
or recreation area on a oath desi2nated bv the Director of Parks and Recreation bv oosted si2na2e
aoorooriate for that ourpose.
2.66.260
Camping and other overnight activities prohihited EHepti.OBS.
Exceot when authorized oursuant to a oermit issued bv the Director of Parks and Recreation. it is unlawful
to camp, lodge, or sleep er tarry duriag the nighttime hours; prewded hGwever, that aethiag herein shall
Be SSRStr:l.lea te prehihit any fJer~9B KaRl Being Sf remaining ill ~. p~lt "!."4iile ia atteaeaaee at ~.
Nagtiea, permissiea f<lr the Aeldiag ef 'Nhioh ha. Beea preweusiy grllFlted BY the dire<ter of parks and
reoreaQGa. for any oeriod of time within a City oark durin2 the hours that the oark is closed oursuant to
Section 2.66.270.
2.66.270
Activities prohibited during certain nighttime hours - exceptions.
All City parks, with the exception of Rohr Park, Hilltop Park, and Rancho del Rey/Independence Park are
closed between the hours of 10:30 p.m. and 6:00 a.m. Rohr Park is closed between the hours of 10:30 p.m.
and 7:00 a.m.; Hilltop Park and Rancho del Rey/IndependencePark are closed during the hours of9:00 p.m.
to 7:00 a.m. during the months of April through October, and during the hours of 7:00 p.m. to 7:00 a.m.
during the months of November through March. All activities except walking or proceeding along
designated sidewalks or pathways through the parks during closing hours are prohibited. The Director of
Parks and Recreation is authorized to alter the park closing hours stated above when the Director determines
it is necessary for the public health, safety or welfare. Such change in hours shall be effective when signs
indicating the change are posted, and remain in effect until the City Council meeting or for thirty (30 days),
whichever first occurs. The Director shall prepare and submit a report to City Council regarding the reason
for the change and recommending appropriate Council or administrative action, which report shall be
considered by Council at the next meeting.
2.66.280
Obstructing 9r ~---.yiBg vehicular QI'3.Ild pedestrian traffic prohibited.
It is \lrnw/.f1.H ta taRer ar ta stane ar 8it ia ar \Ipsa anr sf the "/.~alks, {aaaS ar RyeIl\leS sf an-y ~iWk sr
;2:2-)( 8
",'71
>"(
re~reatisR area, sr iR sr \lpeR any p\lhlh'~ Rigffivay, alley, siaewalk ge ~r9f;S.'"!.~alh, Be as ts iR aay manRer
kinaer ee eBstruet the kee f'asf;age therein sr thereeR ef any peFSsRs ef T'ehi~les pa6siag alSRg tAg SaBle,
Sf sa as ts eBStr\let sr YRrQassnab~'iRteGeee with the a;ee passage sf peaesmaIls sr ~.'eHie18s. It is unlawful
for anv nerson to willfullv obstruct vehicular or nedestrian traffic or circulation within or unon anv of the
sidewalks or streets of a City nark.
2.66.290
Carrying of anns and weapons prohibited - exception.
Excent for neace officers defined in Penal Code Section 817. it is unlawful to carry, convey, maintain, or
provide any arm or weapon including, but not limited to, any fixed-blade knife, hunting knife, pocket knife,
switchblade knife, bayonet, machete, firearm, chain, club, bat, stick, cane, blackjack, slung shots, bullies,
sandclubs, sandbags, and metal knuckles or any other object or device whether normally designed for such
use or not, which is intended to be used or which can be used in a dangerous or offensive manner to inflict
bodily harm upon the person of another or property damage upon the property real and personal or the
trees, shrubs or lawn owned by or in the custody of the City, or any other person upon his person, or in a
vehicle whether concealed or not within any public park, golf course, or other recreational area in the City,
or in or upon any of the walks, lots or avenues of any park or recreational area in the City" !'rs,iaea,
Re,"s-':ee, that the falls",'4Rg e}~eeptiaBf; appl-y te the fgl1s'TiRg peRlens ar eireuHlstaaees:
^
...
~h8r,.iffs, eSBstahles, marshals. peliesmea, memBe];S sf the Califsmia l=Iiglr\~.Yar P~sl, memBe];S sf
the Califemia ~tate Peliee and emplsyees sf the state t'epartment sf JHstiee listea ia the Califgmia
PeRal Ceae, ~e~tiaR 617, "'Be are designatea as pea~e effieeRi, ether duly appeiatea pease smeers,
as aefiRed in the PeRal Csae, ~eetieR ~17, full time paid f'aaee smesrs sf sther states ana the
feaefal ge..Jemmeat....-Jas are e~~g eut sffieial aHtigs "'.'hile iR the Git:,", sr anr perseR S\HR.BlSBea
BY. a&J. SHeH sffieeFS ts assist in makiRg arrests ef preSePiiRg the peaee ,~'hile he is agtttally eagagea
ia a6sistiag Buelt sffieer;
Il
~JIeBlbers af t;he military fsrees sf this state Sf ef Yie Unite a ~tateB engagea iR the peFWt=.Blanee sf
their autie!:;
c.
~peeial er reSetTe pslige emeers QuI)" apf'eillted by reesgRi~edlwJ.' enfsrgement ageBeigs sf publie
elluties eBgaged in the pet.:feRBan~e sf t;Beir duties;
IJ
PFi:..ate investigate];!;, private patrel eperatsFEi, aRd eperatsrs sf a pr,.i..!ate pakel serAee ....-Jag are
lieensed pursuant ts CHapter 11 sf t'p'isisR J sf the IhlsiRess alHl Prefessiens Csde, "rWe a~tiag
",.ithill the eeUFse and sespe sf their emple~'mellt;
E.
The e~iRg sf esagealable~xeapeas by pefssRs "its are authsB~ed ts ~aFFY BueR v:eapeR& f'UHiUaBt
te ..'\rti~le J (~smmelu:!iag"J.ith ~eetieIl12gag) sf Chapter 1 sfTit;le 2 sf Part <I efthe Penal Ceae;
F.
PeRlsns e~'illg Sf Hsillg standara aFtieles sf sYYet:y aRd YteBsils essential te the peeparatisB aad
eeBSYBlf'tisn sf fesd while aetirel)" eBgaged ill eampiRg er pienie aewities;
c
Rsr ~~e\Hs ef ethef reesgRized srgaai~atigllEi sr persellS eagagea ill eampiRg, trailling, merit hadge
ae1iP:-i:ties, Sf reesglliiud speTting aew'iues sueR as are-hery;
w
Parlt mailltena.R~e emple~'ees wRile eagaged iR Yie f'eFfSFHlaB~e sf Yieir dutie~;
I. EBlplerees sf ether eitz." departmeats, pYBlig utilities, sr esnt:Faetefs ,-.-Jaile eagaged iR the
perf-GRBaRee sf eSBstRteti.sB. repair sr maiateaaIlee sf park aRe reereatisBal faeilit:ies.
2.66.300
Weapons in violation of Section 2.66.290 deemed nuisance-Confiscation and destruction
authority.
..22-;5' 9
2'<;')
,?(;;."
The unlawful carrying of weapons as prohibited by Section 2.66.290 of this chapteris a nuisance. Any such
weapons taken from the person or vehicles of a person unlawfully carrying the same in such prohibited areas
are nuisances and shall be surrendered to the Chief of Police of the City. Said weapons shall be destroyed
annually between the first and tenth days of July in each year to the extent that they shall be thereafrer
wholly and entirely ineffective and useless as weapons for the purpose set forth herein; provided however,
said weapons shall be preserved as necessary or proper to serve the ends of justice or returned to the owner
upon the certificate or order of a judge of a court of record or of the District Attorney of the County or the
City Attorney. If any weapon has been stolen and is thereafrer recovered from the thief or his transferee,
it shall not be destroyed but shall be restored to the lawful owner, as soon as its use as evidence has been
served, upon his identification of the weapon and proof of ownership.
2.66.310
Group use - rules and regulations.
A. It is unlawful in a Citv park to use a ~roup picnic shelter desi~nated for ~roup use of 25 or more
persons or to use a ball field without prior authorization from the Director of Parks and Recreation.
Group picnic shelters for ~roups of 25 or more persons shall be desi~nated bv sims posted by the
Director of Parks and Recreation for that puroose.
B. It is unlawful for any person or ~roup of persons within a Citv park who. without a permit issued
by the Director of Parks and Recreation. fail or refuse to promptly leave a picnic shelter desi~nated
for ~roup use by 25 or more persons or a ball field followin~ notification by a Park Ran~er or other
person desi~nated for that puroose by the Director of Parks and Recreation. or a police officer.
~. All groups desiring to make reservations for picnic shelters or ballfields must complete a Park
Reservation Request form, submit a refundable cleaning and security deposit and pay the Required
Fee(s) at the time of request. NOTE: The reservations must be made at least two days before the
desired date. Groups wishing to reserve a ballfield must reserve one for a minimum of two hours.
If groups wish, for an additional Required Fee(s), to have a ballfield prepped (dragged and chalked),
7 days notice must be given.
QB. At the conclusion of the group's use, a Park Ranger from the Department of Parks and Recreation
will inspect the area to determine if it has been cleaned and to ensure that no damage has occurred.
If the area is left in satisfactory condition, the deposit will be refunded. If the area has not been
properly cleaned, the Department will cause it to be cleaned with the actual costs being deducted
from the deposit. If the costs of cleaning exceed the amount of the deposit, the group or
organization will be billed for the balance due with interest added if not paid within thirty (30) days
afrer the billing date.
gG. Groups must not exceed the maximum size for their shelter. Any group that exceeds the maximum
as determined by a Department of Parks and Recreation Ranger will forfeit its cleaning deposit.
This occurrence may be grounds for refusal to approve future requests.
EI:l. Groups who cancel a reservation will be charged a Required Fee(s) for handling. If the reservation
is cancelled 7 or more days in advance, the use fee and cleaningldamage deposit will be refunded.
If the reservation is cancelled less than 7 days in advance, only the cleaningl damage deposit will
be refunded. Cancellations must be made during business hours (8:00 a.m. - 5:00 p.m.) Monday
through Friday by calling 691-5071 or by coming to the Parks and Recreation Department. Should
inclement weather occur on the day of the reservation, the groups may receive a refund of the use
fee and cleaningl damage deposit or reschedule their reservation.
Il .'\11 glass OGutaiue.s ana heer kegs are I'rehihitea
QP. All groups will confine themselves to their assigned areas, unless they are involved with recreational
activities. No picnic tables, benches, grills, stoves or other park equipment will be moved from any
10 02;2--;'
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other area without express permission from the Department of Parks and Recreation. Groups may
not change assigned picnic areas. Failure to comply will result in forfeiture of all fees.
!!G. All group members and caterers must use the parking area assigned on the resetvation form. Any
vehicle not parked in designated parking spaces will be ticketed.
Ill. Organizations and groups staging functions in the parks should acquaint themselves with the general
park rules and regulations. Actions which are in violation <if said rules and regulations may result
in cancellation of the outing, forfeiture of deposits, arrest or fine.
,!I. These Group Use Rules and Regulations apply to all City of Chula Vista parks.
2.66.320
Issuance of DlIl"k permits.
Upon application presented at least three davs in advance. the Director of Parks and Recreation will issue
a permit for activities regulated within this Chapter 2.66. unless the Director finds that the event or activitv
will violate or cause anv of the following conditions to occur:
A. Violate law;
B. Exceed the capacitv of the Citv park or recreation facilitv for the safe conduct of the event;
C. Present a clear and present danger to the health. safetv or welfare of the public or other park users;
D. Conflict with the terms or conditions of a valid prior issued permit;
E. Involves the use of machinetv or equipment which can damage park or recreation propertv;
F. Involves activitv. equipment or a number of persons or a combination thereof which. in the opinion
of the Director of Parks and Recreation is or constitutes a threat to public health and safetv;
2.66.330
EnforcemenL
Violations of this Chapter 2.66 are punishable pursuant to Chapter 1.20 of this Code.
SECfION II: This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its second reading and adoption.
Jess Valenzuela, Director of
Parks and Recreation
J)
Presented by
C:\or\chap266
.2.2-/7
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COUNCIL AGENDA STATEMENT
Item: 023
Meeting Date: lO/1JJ/95
ITEM TITLE: Resolution / f't/7 (ccepting staffs proposed plan for the 1996 Cultural Arts
Festival, and authorizing the Mayor to execute an agreement with the Chula Vista
Junior Chamber of Commerce to provide pass-through of $15,000 of Port District
funding to support the 1996 Cultural rTestival
SUBMITTED BY: Director of parks~ ad R creat~
REVIEWED BY: City Manage~
/Z
On April 18, 1995, City Council approved the combination of the Cultural Arts Festival, the
Community Pride Fair, and Winterfest. Staff was directed to plan and implement a single special
event to be conducted in the Spring of 1996. This resolution proposes a plan for the event, and
authorizes the Mayor to execute an agreement with the Chula Vista Junior Chamber of Commerce
to expend a portion of the funds apprqpriated for the event as an event co-sponsor.
(4/5ths Vote: Yes _ No X)
RECOMMENDATION: That Council adopt the resolution supporting Option #1 for a concept
event plan for the 1996 Festival, and authorizing the Mayor to execute an agreement with the Chula
Vista Junior Chamber of Commerce for production of the Festival utilizing pass-through of $15,000
of Port District funding.
BOARD/COMMISSION RECOMMENDATION: The Cultural Arts Commission, at their regular
meeting of March 14, 1995 (Minutes are Attachment "A"), approved (8-0) to recommend an
estimated budget of $32,450 for a combined event during FY 1995/96.
DISCUSSION: On April 18, 1995, City Council approved the concept of a Cultural Arts Festival
to be conducted in the Spring of 1996. This Festival would combine resources from three events
conducted in the City in the past: the Cultural Arts Festival, the Community Pride Fair, and the
Winterfest event. Council allocated $7,800 in City funding for the event, and supported staffs intent
to approach the San Diego Vnified Port District for additional funding for the combined event.
Council also recommended that staff increase the request to the Port to include funding for a
professional event manager to assist staff in the planning and implementation of the event. The City
submitted a funding request to the Port in an amount of $27,000. However, the Port District only
approved $15,000 for the event. The combined City and Port funding for the 1996 event is currently
$22,800.
Community Partners
Regardless of the focus of the event, staff is recommending that the City enter into an agreement
with the Chula Vista Junior Chamber of Commerce (Jaycees) authorizing them to expend a portion
of the funds appropriated for the event. The Jaycees would retain the services of a professional
event promoter/coordinator to assist them and staff with the planning and implementation of the
[NETWORK:jg-A113-FSTEVENf.113-0ctober 4, 1995]
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Item: JJ
Meeting Date: 10/17,:95
event. Funding for a promoter was specifically designated in the City's request to the Port District
for funding. The Jaycees have expressed an interest in serving as a co-sponsor of the event. The
concept of the City having a community group serve as the lead planning entity is not new, and has
been done with success. Accordingly, the agreement is similar to the agreements that the City has
executed with the Chamber of Commerce and Elite Racing, Inc., for their sponsorship of the Harbor
Days Festival and Arturo Barrios 101(, respectively. This method of special event coordination has
worked well with these two regional events for several years.
Staff is also recommending that a broad-based Planning Committee, coordinated by staff, the
Jaycees, and the event promoter, be formed. The Committee would be comprised of representatives
from a number of community groups, service groups, local business interests, public and private
schools, and other organizations. Staff believes that the inclusion of diverse community groups in
the event planning will promote community involvement, increase participation at the event, and
expand the City's ability to solicit and secure in-kind services to conduct the event. Staff envisions
that the Planning Committee would function through a number of sub-committees that would pursue
specific areas and responsibilities associated with the event.
Based on evaluations of past events and discussions with several community groups, and in
combination with a re-evaluation of the event budget following the Port District's funding decisions,
staff has identified two distinct event options that appear feasible for 1996.
Staff is recommending that the focus of the 1996 Festival be community and cultural awareness,
involving a wide variety of Chula Vista groups, incorporating a strong arts component, and
showcasing local talent and performers, with Chula Vista residents being the target audience. This
would differ from a more broad-based regional special event designed to attract residents and non-
residents, and featuring "name" performers and entertainment not necessarily based in Chula Vista.
Examples of large special events currently conducted in Chula Vista are regional in nature, and
include Harbor Days, the Arturo Barrios 10K, the Tour de South County bicycling event, the
Symphony Pops Concert, the July Fourth Fireworks display, and the "Street Festivals" conducted by
the Downtown Business Association. There are relatively few special events that are more
community-based, such as the Holiday Christmas Festival and the Starlight Yule Parade. Some key
points of each of the two options are explored in more detail below.
Option #1 - Community and Cultural Awareness Event (Staff Recommendation)
A community awareness event would focus on community involvement and participation:
the target audience would be primarily Chula Vista residents
expected attendance at the event would be between 3,000 and 6,000
entertainment would be provided by local groups
entertainment would include music and performing arts exhibitions
(NETWORK:jg-A113-FSTEVENT.113-0ct0ber 4, 1995]
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Meeting Date: 10/17495
groups from local schools, Southwestern College, private studios, and other local
organizations would perform or demonstrate
a strong visual arts component would be preserved by encouraging local artists and art
organizations to display and demonstrate various mediums
performing groups would conduct fund-raising activities in lieu of performance stipends
food and beverage services would be provided by local non-profits
local public and private schools would conduct lead-up activities such as essay contests, art
contests, and district-wide arts/crafts projects that would be displayed/judged at the event
local businesses would have a venue for the distribution of information
local youth-serving organizations would disseminate information and conduct fund-raising
activities
selected local arts and crafts vendors specializing in hand-made crafts would sell their
handicrafts
the event would be conducted on the bayfront to satisfy Port District funding requirements
local corporate sponsorship (financial and in-kind) would be solicited
promotion of the event would be focused solely within the City, utilizing local resources
a Health Awareness component sponsored by the Youth Coalition and funded through the
Tobacco Education Grant would be incorporated into the event
The current budget of $22,800 ($15,000 from the Port and $7,800 from the General Fund), which
includes $4,000 for a professional event organizer/promoter, would be adequate to stage this type
of event. Due to the local nature of the event, greater flexibility in the selection of the event date
is possible, since the event would not be designed to compete with other regional events. This
flexibility would also be of great benefit in selecting a date that would be advantageous to a
maximum number of local groups, perhaps most importantly local elementary and high schools.
Ovtion #2 - Regional Event
A regional special event would be designed to attract both City and non-City participants, and would
be intended to attract larger audiences from outside of the city:
professional entertainment with recognized "name" performers would be utilized
[NETWORK:jg-Al13-FSTEVENT.113-0ctober 4, 1995]
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Meeting Date: 10/1l/95
entertainment of a professional caliber would perform on the main stage
a secondary or "community" stage would showcase local talent
the regional event would have a target audience of 12,000-20,000 people
food and beverage vending would be handled primarily by professionals
businesses would be permitted to sell various products and services by way of rented booth
space
a limited number of professional arts and crafts vendors would be permitted to rent space
and sell products
local public and private schools would be included through a variety of activities conducted
prior to and during the event
the event would be conducted on the bayfront to meet Port funding requirements
a professional event promoter would be retained to assist in event coordination
most of the components included in the community based event would be integrated, but on
a reduced scale
event promotion would be done on a regional basis
The selection of the event date would be more constrained, since the event would rely on a regional
draw, and the avoidance of a date selected by another organization for a regional event would be
critical. Staff would also envision an enhanced budget to conduct an event of the magnitude.
Publicity, professional entertainment, and support services and supplies would need to be enhanced
to support a larger event. Staff envisions that the regional event budget would be $40,500
(Attachment "C"). An additional appropriation of$17,700would be required to successfully conduct
an event intended for a regional draw.
By comparison the City spends the following amounts on other regional event, the annual Harbor
Days event receives $12,000 in city funding and $30,000 from the Port District. Booth rentals and
corporate sponsorships bring in another $50,000 (total value of $92,000). The city's funding of
$12,000 does not cover city staff services expenses. The Arturo Barrios race has $25,000 in city
funding and $25,000 from the Port District. The race brings in $45,000 from entry fees and $50,000
in corporate sponsorships (provision of hotel rooms for athletes, public relations, athletic wear, etc.),
for a total value of $145,000. It should be noted that both of these events have been in existence
for many years. A regional event promoting Cultural Arts would be just beginning, and could grow
into the events that Harbor Days and the Arturo Barrios race have become.
[NElWORK:jg-Al13-FSTEVENT.l13-October 4, 1995]
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Meeting Date: 10/11'1/95
FISCAL IMPACT: $22,800 is currently allocated for the 1996 Cultural Arts event, which includes
$15,000 from the Port (on a reimbursement basis) and $7,800 from the General Fund. This level
of funding is adequate to support a "community awareness" event (Option #1). However, in April,
staff originally identified a budget of $34,800 for a regional event (Option #2); $27,000 to be
requested from the Port District and $7,800 from General Fund. However, upon further analysis
and discussion with the Chamber of Commerce, a budget of $40,500 is more appropriate for a
regional event. As the Port District approved funding of $15,000, and the City Council approved
General Funds in the amount of $7,800, an additional $17,700 would need to be appropriated from
the General Fund, to properly support a regional special event.
Attachment:
A-
B-
C-
D-
Minutes of the Cultural Arts Commission of March 14, 1995
Budget for Option #1
Budget for Option #2
Agreement with Chula Vista Junior Chamber of Commerce
[NETWORK:jg-Al13-FSTEVENT.113-0ctober 4, 1995]
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RESOLUTION NO.
/~tJ?ff'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING STAFF'S PROPOSED PLAN
FOR THE 1996 CULTURAL ARTS FESTIVAL, AND
AUTHORIZING MAYOR TO EXECUTE AN AGREEMENT WITH
THE CHULA VISTA JUNIOR CHAMBER OF COMMERCE TO
PROVIDE PASS-THROUGH OF $15,000 OF PORT
DISTRICT FUNDING TO SUPPORT THE 1996 CULTURAL
ARTS FESTIVAL
WHEREAS, on April 18, 1995, the City Council approved the
combination of the Cultural Arts Festival, the Community Pride
Fair, and Winterfest; and
WHEREAS, staff was directed to plan and implement a
single special event to be conducted in the Spring of 1996; and
WHEREAS, staff is recommending that the City enter into
an agreement with the Chula vista Junior Chamber of Commerce
(Jaycees) authorizing them to expend a portion of the funds
appropriated for the event.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept staff's proposed plan for
the 1996 Cultural Arts Festival.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized to execute an Agreement with the
Chula Vista Junior Chamber of Commerce to provide pass-through of
$15,000 of Port District funding to support the 1996 Cultural Arts
Festival, a copy of which is on file in the office of the city
Clerk as Document No. (to be completed by the Clerk in the
final document).
#!vediC I forj
fc ruce M. '00 aar , city
Attorney
Presented by
Jess Valenzuela, Director
of Parks and Recreation
C:\rs\cultarts,fes
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Attachment A-l
KINUTES OF ~JlE
REGULAR KEETING OF ~JlE
CULTURAL ARTS COMMISSION
Tuesday, 5:00 p.m.
Karch 14, 1995
Parks , Recreation Conference Room
, City Hall
.........**...**......
CALL MEETING TO ORDER
ROLL CALL
KEMBERS PRESENT:
Chair Scott,
McAllister, Pelayo,
and Wheeland
commissioners Cernitz,
Souval, Virchis, Walker
MEMBERS ABSENT:
STAFF PRESENT:
None
Staff Liaison Gates, McMartin, Shaw, and Shy
1. APPROVAL OF MINUTES
MSC [Souval/Wheeland] 5-0 (Pelayo, Virchis and Walker not
present yet) to approve the minutes of February 14, 1995. MSC
[Wheeland/Souval] 5-0 (Pelayo, Virchis and Walker not present
yet) to approve the minutes of February 23, 1995.
2.b. Budget Supplementals - This item was taken out of order.
Budget Manager Dawn Herring distributed procedural information
for Supplemental Budget Requests. Ms. Herring explained the
Council budget process. Council will need justification,
duties, functions, and compare the position to the present
half-time position, etc. The Council will also request
staff's recommendation. Ms. Herring offered her assistance in
preparing any supplemental requests.
2. UNFINISHED BUSINESS
Action
a. Eastlake Performing Arts Center - Nothing to report.
b. Combining of the Winterfest, Community Pride Fair and
CUltural Arts Festival into one city event
Staff went to Council two weeks ago with the commission's
report recommending conducting one Festival that promotes
community pride. The Council referred staff back to the
Commission to review the options of combining the
Winterfest, Community Pride Fair and CUltural Arts
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Attachment A-2
.
Cultural Arts commission
Meetings Minutes
2
March 14, 1995
Festival into one City event.
Director Shy reported staff
Commission's direction.
Deputy Parks & Recreation
is now asking for the
c.
MSC [cernitz/Pelayo] 7-1 (Commissioner Virchis against)
to recommend to the Council to approve the planning and
implementation of the 1995 CUltural Arts Festival,
enhancing the Festival to include community pride with
additional funding of $3,800.
combining City event focusing on CUltural Arts and
Community Pride - The Commission decided on combining the
three events into one and begin planning for a future
Festival. The Commission agreed the combined festival
should be held at the end of April or early May.
MSC [McAllister/cernitz] 8-0 to approve an estimated
budget of $32,450 for a combined event during FY 95-96.
A decision was made to form a Sub-Committee. The
Commission agreed the Sub-Committee should consist of
members of the Downtown Business Association, Chamber of
,
commerce, school' districts, representation from the
CUltural Arts Commission, etc. Commissioners Virchis and
Wheeland will serve on the Committee.
.
Non-Action
a. Advocacy for CUltural Arts Coordinator - The Sub-
Committee is continuing to meet. They will plan to meet
with the City Budget Manager to prepare supplemental
budget requests.
b. Budget Supplementals - This item was taken out of order.
CUltural Arts Coordinator
- NALAA Conference Funding
3. NEW BUSINESS
Action
a. otay Ranch Regional Facility Report - The commission
received a copy of the otay Ranch Regional Facility
Report. The Commission agreed to appoint Ms. Souval to
represent and attend the next otay Ranch Project meeting.
b. Commission Planning/Goal Setting - FY 1995-96
The annual Workshop is scheduled for Saturday, April 29,
9:00 a.m.-12:00 Noon at the civic Center Library.
.
Non-Action - None
4.
Sub-Committee Reports
Music Festival
parties.
_ Flyers were distributed to interested
2 J 'It)
79
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Attachment A-3
.
(e
CUltural Arts commission
Meetings Minutes
3
March 14, 1995
McCandliss Sub-Committee - The deadline for applications is
March 24, 1995. The Chair of the Gayle McCandliss Sub-
Committee will serve on the Beautification Committee.
MOSAIC Calendar - Information is being compiled for the April-
May issue.
Festival Sub-Committee - Mr. Pelayo is meeting with Rod Davis,
President, Chula Vista Chamber of Commerce, to discuss their
ideas for a Chula Vista logo. The Southwest Lions Club has
offered a cash donation for the logo competition prize.
5. STAFF REPORT - Felicia Shaw
le
a. CUltural Arts Festival - Festival program element ideas
were distributed to the Commission. Ms. Shaw briefed the
Commission on tentative performances, workshops, music
competition, community booths, festival artists, etc.
Callaloo Conference - The Conference will be held
Saturday, June 3 at Mission Trails Regional Park. The
cost is $45.00. The Conference will focus on
collaboration. Information will be sent to the
Commissioners.
b.
c. CALAA Consultancy - Ms. Shaw updated the Commission on
CALAA events. CALAA dues collected provide funds for
technical assistance in the different regions, such as
hiring consultants. In 1995-96 our region may have a
consultant appointed to work on improving advocacy
methods. The Commission could be part of a workshop in
the future.
6. COMMUNICATIONS
a. Oral Communications - The dedication of the South Chula
Vista Library is scheduled for April 8 at 2:00 p.m.
b. Written Communications - None
c. commissioners' Remarks - Friends of the Arts next meeting
is scheduled for March 22 at 6:00 p.m. at the civic
Center Library.
Meeting adjourned at 7:15 p.m. to the next regularly scheduled
meeting of April 11 at 5:00 p.m.
Respectfully submitted,
e ~~~~
Elizabeth Bottorff
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ATIACHMENT "B"
OPTION #1 COMMUNITY AWARENESS EVENT BUDGET
Portable Toilets/Dumpsters - rental
$ 2,500
$ 1,800
$ 950
PromotionlPublicity
Traffic and Safety Equipment - rental
Community Entertainment - stipend
$ 1,000
$ 2,450
$ 4,000
$ 500
Professional Public Address System - rental
Event OrganizerlPlanner
Transit/Shuttle Bus
Staff: Police, Parks and Recreation
$ 8,000
$ 1. 600
Supplies/Other Equipment
Total
$22.800
[NEIWORK:jg-A113.PSTEVENf.113-0ctober 4, 1995]
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OPTION #2 REGIONAL SPECIAL EVENT BUDGET
PromotionlPublicity
Traffic and Safety Equipment - rental
Portable ToiletslDumpsters - rental
Professional Public Address System - rental
Professional Entertainment
Event Organizer/Planner
Transit/Shuttle Bus
Staff: Police, Parks and Recreation
Supplies/Other Equipment
Total
[NETWORK:jg-A113-PSTEVENT.113-0c10ber 4,1995)
)J '13/).3-1?
ATTACHMENT "C"
$ 5,000
$ 1,800
$ 950
$ 1,000
$16,750
$ 5,000
$ 1,000
$ 8,000
$ 1.000
$40.500
'">q:>
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Attachment 1)-1
AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF THE CHULA VISTA
JUNIOR CHAMBER OF COMMERCE FOR THE CULTURAL ARTS FESTIVAL IN REGARD
TO EXPENDITURE OF CITY FUNDS APPROPRIATED
THIS AGREEMENT, made and entered in the day of , 1995,
by and between the CITY OF CHULA VISTA, a municipal corporation,
hereinafter referred to as "City", and the CHULA VISTA JUNIOR
CHAMBER OF COMMERCE, hereinafter referred to as "Jaycees";
WITNESSETH:
WHEREAS,
Festival,
conducted
The Jaycees are the co-organizer of the Cultural Arts
a special event promoting community awareness, to be
in the City of Chula Vista on , 1995, and
WHEREAS, both the City and the Jaycees will benefit from the media
exposure attendant to the Festival, and
WHEREAS, the City desires to encourage the beneficial aims of the
Cultural Arts Festival through appropriation of reasonable amounts
of City funds, and
WHEREAS, the City has established a policy for consideration of
requests for funding by private organizations and individuals, and
WHEREAS, such policy stipulates that no expenditure may be made
out of any appropriation awarded said organization unless an
agreement has been reached between the parties setting out the
terms and conditions for the expenditure of such funds.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. The organization known as the Chula Vista Junior Chamber of
Commerce (Jaycees) agrees to co-produce the Cultural Arts
Festival including free-to-the-public musical, dance and
performing entertainment, and related activities for the day-
long event.
2. The Jaycees agree to expend City appropriated funds to meet
bona fide obligations incurred in performing services related
to participation for the Cultural Arts Festival, in an amount
not to exceed $15,000, in fiscal year '95-'96, on the
condition the City receives funds for this appropriation from
the San Diego Unified Port District.
3. The Jaycees agree to list the City and Port District as co-
sponsors of the Festival and publicize the City and Port in
all releases and fliers, print advertising, programs, and
information sheets.
4. The Jaycees agree to submit, within 60 days following the
ev~nt, a complete report of all expenditures and shall
specifically list the purposes furthered by the City
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Attachment D-2
appropriated funds of $ 15,000 for fiscal year '95-96.
5. That the City, at its discretion, may require the Jaycees to
provide or allow the City to undertake a complete financial
audit of their records.
6. That the term of this Agreement shall be for a period of one
(1) year, from 7/1/95 through 6?30/95, unless further modified
to include other permitted expenditures of funds that are
appropriated by the City of Chula Vista.
7. The Jaycees agree to indemnify and hold harmless the City
against and from all damages in property or injuries to or
death of any person or persons including employees or agents
of the City, and shall defend, indemnify, and hold harmless
the City, its officers, agents and employees from any and all
claims, demands, suits, actions or proceeding of any kind or
nature or by anyone whomsoever in any way resulting from or
arising out of the negligent or intentional acts, errors,
omissions of Jaycees, or any of its officers, agents, or
employees relating to the event.
8. The Jaycees shall throughout the duration of this agreement
maintain comprehensive general liability insurance covering
all operations hereunder of Jaycees, its agents and employees,
with minimum coverage of one million dollars ($1,000,000).
Evidence of such coverage, in the form of a certificate of
insurance and policy endorsement which names the City as
additional insured, shall be submitted to the City Managers
Office, 276 Fourth Avenue, Chula Vista, California 91910, on
or before November 1, 1995.
9. The Jaycees agree to abide by all of the terms and conditions
of the City's contract with the San Diego Unified Port
District ("Port") for the Cultural Arts Festival, as entered
into by the City and the Port on September 5, 1995, and
effective on the date as last executed by those parties, which
conditions are incorporated herein by reference as if set
forth in full.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
CHULA VISTA JUNIOR
CHAMBER OF COMMERCE
City Manager
Approved as to form by
City Attorney
Date
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council Agenda statement
Item:
2. 4(A)
Meeting Date: October 17, 1995
Item Title: Supplemental Report from the City Attorney
regarding Vacancy Reform. n^.~
Submitted by: Bruce M. Boogaard, City AttorneY\1~
Agenda Classification: ( ) Consent
(XX) Action Item
( ) Public Hearing
( ) Other:
4j5ths Vote: ( ) Yes (X) No
This report is a supplement to the previous report on vacancy
reform and should appear in your agenda package following the
previous report.
At the city Council meeting of October 3, when the original
report of the Charter Review commission and City Attorney on
Vacancy Reform was presented, the Council requested an analysis
and possible language deleting the concept of an "election free
zone" from the new proposed rule provide that an appointed
councilperson's period of service extends to the next available
election opportunity, unless that election opportunity
materializes within a year ("the election free zone") of the
term's normal expiration date, in which case an election would
not be required.
While the length of a period of time during which requiring
competition in a special election is debatable and subject to the
Council's and ultimately the pUblic's discretion, having some
period of time seems clearly rational. There seems some point of
diminishing returns will be reached when balancing the value of
having elected representatives sooner rather than later--until
the normal election cycle--against the incremental cost to the
city for having extra ballot items, and the cost in stress,
contributions, signage, mailers, etc. to the City of an
additional electoral contest.
As an extreme example, there may be an unrelated general run-off
election contest in the November before the seating date that
occurs in December. If we had no "election free period", we
1
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would have to have a special election in November to fill the
seat between the middle of November and the first Tuesday in
December. Therefore, there should be at least a one-month
election free zone.
As another example, in the impending election year, there will be
nine months that transpire between the March, 1996 election and
the December seating date, and we may have a March General
Municipal election, March Special Election, a June Special Runoff
Election (5 month delay), and a November General Runoff election
(1 month delay).
The length of the election free zone or the opportunity to have
one at all is, of course, up to the discretion of the Council.
It was the recommendation of the City Attorney and the Charter
Review Commission that the "point of diminishing returns" between
the additional costs of the special election and the adverse
risks of having an appointed Councilperson would balance out at
about one year. The Council may wish to consider any lesser or
greater period of time to submit to the voters.
If the Council were inclined to reduce the proposed "one-year
election free zone", it would be my recommendation that it not be
reduced to less than a six month period.
The language to achieve such a result would be to amend the
ballot label and subdivision (C) of the proposed section 303 of
the Charter to read as follows (marked for changes from the
version last proposed):
Proposed Ballot Label
Shall the Charter be amended to reform rules
relating to Council vacancies, including (1)
permitting certain anticipated vacancies to be
filled by election instead of by appointment
where there is an intervening consolidated YES
election; (2) at special elections only, permit
a winner to be declared by a plurality vote
instead of a majority thereby eliminating the
expense of special runoff elections (effective NO
immediately); (3) avoids a special election to
replace an appointed Councilmember if there is
less than 1 year six months remaining on the
term. amona other miscellaneous chanaes?
Charter Lanquaqe
C. Duration of Appointed Replacee's Term; When Special
Election Required.
2
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397
Except under the circumstances hereinabove provided in
paragraph B, best efforts shall be used to fill the vacancy
in any office of the city council by appointment by the city
Council, such appointee to hold such office until a succes-
sor qualifies by the electoral process herein required for
the office.1 If, at the time the next election following
the occurrence of such vacancy is called by the City for any
reason, whether it be a general municipal, general runoff,
or special election, such office is not otherwise scheduled
to be filled by said election and such office will have a
term remaining of 1 yeaFsix months or more after said
election (measured from the normal seating date of said
office), such office shall be placed on the ballot for
filling by special election. Upon certification of the
results of said special election, the successful candidate
for such office shall serve, subject to the usual causes for
vacancy, in the office for the remainder of any unexpired
term of said office. If such office is scheduled to be
filled by the election requiring the call, or the remainder
of such term is for a period of less than one year, no such
interim election shall be required and the appointed
replacee shall be entitled to serve during such remainder
term."
Fiscal Impact:
The fiscal effect associated with reducing or eliminating
the election free zone concept would be to have more'special
election ballot items, at a cost of about $16,000 per ballot
item.
M:\ho.e\attorney\vacanc2.wp
1. The intent is: an appointed replacee shall serve until the
next opportunity to fill the office by election materializes,
unless that opportunity falls within a year of the normal
expiration of the office, in which case the appointed replacee
shall serve until the normal expiration of the office.
3
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DATE: October 12, 1995
TO: Mayor and City Councilmembers
FROM: Beverly A. Authelet, City Cler~
SUBJECT: Deadlines for March 1996 Election
The following are the deadlines for the March 1996 election:
Call & consolidating of election
resolution to ROV
Candidate Filing
5-day extension period
Last day for ROV to
receive resolution re ballot
measures
Arguments Due
Rebuttals Due
){-i'
November 21
December 4 to December 29
January 3
December 29
January 8
January 18
';'C{c-;J
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C IT Y
OF
COVINA
125 East College Street. Covina, California 91723-2199
August 31, 1995
Mr. John D. Goss
aty Manager
aty of ChuIa Vista
P.O. Box 1087
ChuIa Vista, CA 91912
Dear Mr. Goss:
We are writing you to request the aty of Chula Vista's support for the attached resolution which
was adopted by the Los Angeles Division of the League of California aties on August 3, 1995.
As you are aware, Division-sponsored resolutions are being forwarded to the League's General
Resolutions Committee on October 23, 1995 to the General Assembly on October 24,
1995.
The subject resolution see to redistribute 1 % sales tax from the State to cities. eState
currently gets 5% and cities get lifomia.
The resolution directs the League to initiate legislative actions, either through the State
legislature or through a ballot initiative, to change the percentage split to 4% for the State and
2% to cities. H the shift in sales taxes is accomplished, it would mean that the amount of sales
taxes cities now receive would double.
In essence, the resolution seeks to shift money from the State to cities using an existing tax
mechanism and an existing allocation method. The resolution is relatively simple and in
Mterms of complexity" stands in sharp contrast to a number of efforts underway on government
restructuring, constitutional revision, and modification of the taxation system. Consequently,
the proposed resolution should not be compared to these activities. The issue for this resolution
is not the structure of government, the constitution, or the taxation system - it is how much
money different agencies receive. We believe cities and counties are getting a disproportionately
small share of available revenues.
For example, the City of Covina, located in eastern Los Angeles County with a population of
44,000, will receive about $19.8 million in general fund revenue during this next fiscal year from
over a dozen sources, including an 8.25% utility users tax. Of this total, sales tax revenue is
about $5.7 million. The State will get five times this amount or about $28.5 million - all from
Covina transactions. The amount of sales tax revenue going to the State exceeds the City'S total
general fund revenue from over a dozen sources! And while Covina's budget has been reduced
in recent years like a number of other cities and counties throughout California, the State's
budget continues to increase, from $53.083 billion in fiscal year 1993-1994 to $57.508 billion in
fiscal year 1995-1996, an increase of 8.3%.
,270--1
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Page 2 of 2.
As most city administrators throughout California know, part of the problem here is that
property tax revenue and other funds have been lost due to State takeaways. A recent Los
Angeles Times article put the amount of property tax revenue taken away by the State at $3.9
billion. Although many would agree that schools need more funding, it is unlikely that many
would agree it should be taken out of the pockets of cities and counties since we have been
heavily impacted by numerous State and Federal mandates as well as increased demands for
Police, Fire, Public Works, Community Development, Parks and Recreation, and library services
amid continuing recession in many parts of the state.
Adding to the plight and dismay of cities is the outcome of Proposition 172. Proposition 172 was
approved by voters in November 1993 and increased statewide sales taxes a half percent to
augment public safety funding, funding for police and fire services, for example. While it
appeared that this measure would offset losses in property tax revenue, most cities only receive a
small fraction of the money collected from this Proposition due to the formula used to
apportion these funds. For example, Los Angeles County received $370 million so far for 1994-
1995 from Proposition 172, yet has allocated only about $35 million to cities in Los Angeles
County, less than 10% of the revenues. Of the funds allocated to cities, Covina received
$213,000, an amount far less than a half percent sales tax. lf these funds were allocated using the
formula used to allocate other sales tax revenues, Covina would have received over $2.5
million.
We all know what is at stake regarding the financing of local government services. The true
impacts of the recession and the need for increased government revenues have been pushed
down to the local level by the State. To save many essential services that are now being
threatened, we need to form a unified voice to effect the same changes at the State level that we
have been forced to make as cities and counties. Through this resolution we are seeking a shift
of an estimated $2.8 billion from the State to cities and counties. This amounts to less than a 5%
cut in the State's fiscal year 1995-1996 budget. This is not an unreasonable reduction considering
. . . . . . hout California.
We are not seeking a battle with the State over revenue. We simply feel that many 10
services that are now being jeopardized represent a higher taxpayer priority (e.g., Police and Fire)
than other services provided by the State. This is the issue we wish to bring forward with this
resolution. We ask that your City Council adopt the attached supporting resolution and eit
. mail it to the Ci of Covina by October 18, 1995. FAX to Covina's i
Fran Delach at 818/ , or ma It to a . 0 ege treet, ovina, CA 91723.
Following receipt of your supporting resolution, Covina will mail you a lapel pin that is now
being produced to promote this effort. If you have any questions about this resolution feel free
to call either of us at 818/858-7212.
Thank you,
~4f!d
Mayor
1MO'L/FMD:CAK
27c...-~2
401
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES
TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2%.
WHEREAS, the State receives five times as much sales tax revenue as cities throughout
CaIifomia;...nd
WHEREAS, the sales tax revenue retained by the State from individual cities often
exceeds the general fund budgets of those cities where the sales tax revenue originates; and
WHEREAS, cities provide services that directly benefit the quality of life in hundreds of
conummities throughout California; and
WHEREAS, the public benefits of cities' services include the maintenance of property
values, reduced risk to health and safety caused by crime, fires, medical emergencies, poor
sanitation, and poor building and road construction; and
WHEREAS, cities' services provide important cultural and economic benefits through
parks and recreation programs, library and senior programs, removal of blight from inner cities
and older neighborhoods, and through business attraction efforts that provide jobs; and
WHEREAS, the State has acted to reduce the amount of revenue received by cities in
recent years forcing many cities throughout California to augment their revenues by imposing
local assessments, fees, or taxes - or to make cuts in essential services; and
WHEREAS, because cities receive only a small fraction of the money collected through
voter-approved Proposition 172 (Public Safety Augmentation Fund), public safety services like
police and fire services face drastic financial reductions in many cities throughout California in
light of State takeaways and State-imposed mandates; and
WHEREAS, many taxpayers object to paying additional taxes for what they view as
diminishing local services caused by these factors, especially while the demand for police
services, for example, continues to increase due to rising crime; and
WHEREAS, on August 3, 1995, the Los Angeles County Division of the League of
California Cities adopted a resolution which seeks legislative action that would result in a more
equitable distribution of sales tax revenue by shifting 1 % sales tax revenue from the State to
cities; and
WHEREAS, the League's resolution will help cities provide essential local services
without adding more burden to taxpayers; and
WHEREAS, on October 24, 1995, the General Assembly of the League of California Cities
will vote on this important resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
that the City of does hereby support the League of
California Cities' resolution to Redistribute Sales Taxes so that the total received by cities is 2% of
the amount paid per dollar on taxable sales.
PASSED, APPROVED AND ADOPTED this
day of
1995.
ATTEST:
.) 7 a- -;J Mayor
(j{) :r
ADOPTED RESOLUTION OF THE LOS ANGELES COUNTY DIVISION
OF THE LEAGUE OF CALIFORNIA CITIES
--ADOPTED AUGUST 3, 1995--
RESOLUTION TO REDISTRIBUTE SALES TAXES
WHEREAS, cities throughout California receive 1 % of the sales taxes
paid on each dollar within their jurisdictions; and
WHEREAS, the State receives 5% of the sales taxes paid on each dollar
in each city throughout California; and
WHEREAS, the State has reduced the amount of funding to cities in
recent years; and
WHEREAS, costs of operating cities have increased in recent years due
to a variety of factors, including increases in crime and increases in the number of
mandates cities must comply with; and
WHEREAS, voters throughout the State are weary of paying additional
taxes, fees, and assessments for what they view as diminishing local services; and
WHEREAS, the above circumstances have led to drastic cuts in the
areas of Police, Fire, Library, Parks and Recreation, and Street Maintenance services
by many cities throughout California; and
WHEREAS, the effects of such cuts, and continued erosion of services
in these areas will result in increased crime, reduced property values, reduced sales
tax revenues, and increased costs to manage cities; and
WHEREAS, the voters throughout California seem to consider such
local government services a higher priority than many services provided by the
State that are funded with sales tax revenue; now, therefore, be it
RESOLVED, that the General Assembly of the League of California
Cities assembled in Annual Conference in San Francisco, October 24, 1995, that the
League will sponsor legislation or sponsor a ballot initiative effort that will
redistribute sales taxes received by the State such that the State's share is 4% and the
cities' share is 2% of the sales taxes paid per dollar; and, be it further
RESOLVED, that the amount of sales tax revenue to be redistributed
shall be allocated to cities using the same method as is currently being used to
distribute the existing 1 % share per dollar cities receive.
..2 74- -~
L/o~.
~
INFORMATION & SOURCES
"
Statewide Tax Rate
The statewide sales tax breaks down as follows according to the State Board of
Equalization. (Legal references were obtained from Mr. John Waid, Senior Legal
Counsel, State Board of Equalization (telephone 916/324-3828). Taxable sales
information is available from the Statistics Section, Planning and Research Division,
State Board of Equalization (telephone 916/445-0840)).
STATEWIDE SALES TAX BREAKDOWN
Percents received by Agencies
State Government
Count - Health & Welfare
Count - Public Safet .
Cities and Counties#
Counties - Trans ortation
Total
''''.......,''''''' ". ",.,.".""",."
thj~-{._:.t.JF# :~:
5,00% R & T Code 605t & 6051,3
,50% R & T Code 6051.2 & 6201.2' W & I 17600
,50% Pro 172 added to State Constitution
1,00% R & T Code 7202 a
,25% R & T Code 7202 d e
7,25%
Notes:
. About 10% of the amount apportioned to counties is allocated to cities, except in Alameda
County,
#Apportioned by place of sale,
00 cities receive 1% or 1,25%?
The Bradley-Burns Uniform Local Sales and Use Law (Taxation and Revenue 7200 et
seq.), does establish the rate for cities and counties at 1.25 percent, But, according to
Mr. John Waid, Senior Legal Counsel, State Board of Equalization, .25 percent is
reserved for county transportation programs and goes to counties, This is pursuant to
sections 7202(d)(e). Hence, cities do not receive 1.25 percent, but 1 % in non-
restricted general funds.
Health and Welfare Realirmment Proaram
The amount designated for county health and social service programs of $1.6 billion
(according to Western CIty, August 1995, p. 4), mostly goes only to counties, according
to the Sandy Rogerson, Supervisor of Health and Welfare Program, Apportionment Unit
of the State Controller's Office (916/322-5089). This is for the Health and Welfare
Realignment Program which was approved and went into effect in 1991. This program
is codified in Welfare & Institutions Code, Sections 17600 . 17609.15. Only seven
cities statewide receive any funds for this program (San Francisco, Berkeley, Pasadena,
Long Beach, and a Tri-City group).
OVER
..27tt--'r.5
Lf d-l
Public Safelv Funds
These funds were voter approved through Pmp 172 in November of 1993 and amount to
a .5% sales tax. They are designated for counties and cities that were subject to the
property tax shift and are apportioned to counties based on their percentage of statewide
taxable sales.
Counties allocate funds to cities based on a formula established in Government Code
Sections 30052-30054. According to Mr. Lyman Jeung, Principal Accountant of the LA
County Auditor's Office (telephone 213/974-8362), and as stated in the Code, there is
a limit on how much cities can receive from Prop 172 revenue n 50% of the amount
shifted in property taxes after deductinil vehicle registration fee revenue. For example,
if a city lost $1 million in property tax revenue but received $200,000 in vehicle
registration fee revenue, then the city could receive no more than $400,000 in Prop
172 revenue (1,000,000 - 200,000 = 800,000 . .50 = 400,000).
LA County received $370 million in fiscal year 94-95 (less 1 month) and retained
$335 million; cities in LA County were apportioned about $35 million .. less than
10% of the total apportioned to LA County by the State. Mr. Lyman says that counties
lost a greater share of property tax revenue during the shift and this is why counties
receive a larger share of sales tax revenue from this source. According to Ms. Kwong-
McGee at the State Controller's Office (916/324-8365), a number of cities are now
complaining how little funding they actually receive n in some cases counties are
retaining up to 95% of these revenues. As an example of what this has meant to cities
consider the following example.
Prop 172 ushered in a 1/2 cent or .5% sales tax. A 1% sales tax results in $5.7
million to the City of Covina (population 44,000) when it is apportioned based on place
of sale. Yet, the 1/2 cent sales tax imposed by Prop 172 resulted in only $213,000 to
Covina last year. This has to do with the formula set forth in Government Code Section
30054. If this allocation formula was changed to return the funds based on place of
sale, Covina's revenue designated for public safety services would increase by over $2.5
million per year.
.,27~ ;~
r..; DC;-
RESOLUTION NO. /6' ()79
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE LEAGUE OF
CALIFORNIA CITIES' RESOLUTION ON SALES TAX
REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED
BY CITIES TO 2%
WHEREAS, the State receives five times as much sales tax
revenue as cities throughout California; and
WHEREAS, the sales tax revenue retained by the State from
individual cities often exceeds the general fund budgets of those
cities where the sales tax revenue originates; and
WHEREAS, cities provide services that directly benefit
the quality of life in hundreds of communities throughout
California; and
WHEREAS, the public benefits of cities' services include
the maintenance of property values, reduced risk to health and
safety caused by crime, fires, medical emergencies, poor
sanitation, and poor building and road construction; and
WHEREAS, the State has acted to reduce the amount of
revenue received by cities in recent years forcing many cities
throughout California to augment their revenues by imposing local
assessments, fees, or taxes -- or to make cuts in essential
services; and
WHEREAS, because cities receive only a small fraction of
the money collected through voter-approved Proposition 172 (Public
Safety Augmentation Fund), public safety services like police and
fire services face drastic financial reductions in many cities
throughout California in light of State takeaways and state-imposed
mandates; and
for what
factors,
example,
WHEREAS, many taxpayers object to paying additional taxes
they view as diminishing local services caused by these
especially while the demand for police services, for
continues to increase due to rising crime; and
WHEREAS, on August 3, 1995, the Los Angeles County
Division of the League of California cities adopted a resolution
which seeks legislative action that would result in a more
equitable distribution of sales tax revenue by shifting 1% sales
tax revenue from the State to cities, and
WHEREAS, the League's resolution will help cities provide
essential local services without adding more burden to taxpayers;
and
(;).70..- 1
{!()0
WHEREAS, on October 24, 1995, the General Assembly of the
League of California Cities will vote on this important resolution;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista, does hereby support the League of California
cities' resolution to Redistribute Sales Taxes so that the total
received by cities is 2% of the amount paid per dollar on taxable
sales.
Bruce M. Booga
City Attorney
Presented by
John S. Moot
Councilmember
C:\rs\League.1
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