HomeMy WebLinkAboutAgenda Packet 1991/03/05
Tuesday, March 5, 1991
4:00 p.m.
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Public Services Building
Regular Meeting of the City of Chula Vista City Council
1.
CAll THE ROlL:
CAlLED TO ORDER
Councilmembers Malcolm ~ Nader ~ Rindone _ and Mayor Pro
Tempore Moore _'
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: December 11,1990, January 8, 1991 and February 5, 1991
4. SPECIAL ORDERS OF THE DAY:
a. Proclaiming the month of March 1991 as "Mental Retardation Month" - Accepting the
proclamation will be Anthony DeSalis, Area Director for the Starlight Center.
CONSENT CALENDAR
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the
Council by one motion witlwut discussion unless a CounciImember, a member of the publU: or City staff requests
that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent CaIendnr will be discussed after Publfr: Hearings and Oral
Communfr:ations. Items pulled by the publfr: will be the first items of business.
5. WRITfEN COMMUNICATIONS: None
6.
ORDINANCE 2444
AMENDING SECTIONS 2.04.020, 2.04.050 AND SECTION 2.04.090, AND
REPEAUNG SECTIONS 2.04.580 AND 2.04.590 OF THE CHULA VISTA
MUNICIPAL CODE TO ESTABUSH COUNCIL WORKSHOPS AS REGULAR
"CONDmONAL" MEETINGS, VEST COUNCIL WITH "FULL MEETING
AUTHORITY", REQUIRE THE SEmNG OF PUBUC HEARINGS AT THE
BEGINNING OF THE MEETING, OR AS THE COUNCIL'S AGENDA
PERMITS, AND RUMINATE CERTAIN HISTORIC ANOMAUES (second
reading and adootion) - At it's 1/22191 meeting, Council was presented
with an exhibit and ordinance implementing its provisions establishing
Council Workshops as regular council meetings to be held on the fourth
Thursday of each month, and vesting the Council with "full meeting
authority" at such meetings, along with other matters therein referred to
therein. Council directed the removal of the "Fourth Thursday" provision
which created the mandatory duty to meet for a fifth regular council
meeting each month. This ordinance created the concept of a "conditional"
regular meeting which makes the "Council Workshop Meeting" a regular
AGENDA
-2.
March 5, 1991
meeting conditional on the announcement by the Council during any
regular City Council meeting, on three affirmative votes, to convene a
Council Workshop Meeting. Staff recommends that Council place
ordinance second reading and adoption. (City Attorney)
7.A. ORDINANCE 2446 AMENDING 1HE CHULA VISTA MUNlOPAL CODE BY ADDING CHAPTER
9.70 TO PROHIBIT 1HE INSTAIJ.ATION OF, AND 1HE SALE Willi
INTENT TO INSTALL, HIGH FLOW WATER FIXTIJRES, TO REQillRE 1HE
MARKING OF HIGH FLOW WATER FIXTURES AND TO REQillRE 1HE
POSTING OF NOTICE OF SAME AT RETAIL ESTABLISHMENTS OFFERING
HIGH FLOW WATER FIXTIJRES (second readinR: and adoption) - Council
has three options: 1) place Ordinance 2446 on second reading and
adoption; 2) adopt 2446A as an Urgency Ordinance; or 3) defer the item
to a future Council meeting. (Director of Building and Housing)
B. ORDINANCE 2446A AMENDING 1HE CHULA VISTA MUNlOPAL CODE BY ADDING CHAPTER
9.70 TO PROHIBIT 1HE INSTAIJ.ATION OF, AND 1HE SALE Willi
INTENT TO INSTALL, HIGH FLOW WATER FIXTIJRES, TO REQillRE 1HE
MARKING OF HIGH FLOW WATER FlXTURES AND TO REQillRE 1HE
POSTING OF NOTICE OF SAME AT RETAIL ESTABLISHMENTS OFFERING
HIGH FLOW WATER FIXTIJRES: IMPLEMENTING SAME ON AN URGENCY
BASIS
8.A. ORDINANCE 2440 APPROVING 1HE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA)
III PLANNED COMMUNITY DEVELOPMENT REGULATIONS (firstreadinld .
Staff recommends that Council place the ordinance on first reading.
(Director of Planning) Continued from the 2/5/91 meeting.
B. RESOLUTION 15993 APPROVING RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) III
PLAN, AND 1HE PUBLIC FAOLITIES PLAN . Staff recommends that
Council approve the final version of this resolution, with conditions added
as directed by Council. (Director of Planning) Continued from the
1/15/91 meeting.
9. RESOLUTION 16081 APPROVING A COOPERATIVE AGREEMENT FOR 1HE INTER-AGENCY
WATER TASKFORCE - On 11/20/90, Council considered the enactment of
an ordinance creating an Interagency Water Task Force to be set up by the
City of Chula Vista. Instead of a task force set up by ordinance, staff was
directed to consider a Cooperative Agreement signed by the three agencies
(Chula Vista, Otay Water District, and Sweetwater Authority) to establish
the task force. Staff recommends approval of the resolution. (Director of
Public Works) Continued from the 2/26/91 meeting.
10. RESOLUTION 1608S AMENDING FlSCAL YEAR 1990-91 BUDGET, AUTHORIZING TRANSFER
FROM 1HE SEWER FUND AND PROVIDING FOR A GENERAL FUND
APPROPRIATION TO 1HE GENERAL LIABILITY INSURANCE ACCOUNT .
It was recently discovered that cettain General Liability expenditures
should have been reimbursed from the Sewer Fund when they were
actually paid by the General Fund. Therefore, although this appropriation
AGENDA
-3-
March 5,1991
for the insurance account shortfall is from the General Fund, the funds are
reimbursed from the Sewer Fund to the General Plan. Staff recommends
approval of the resolution. (Director of Personnel)
11. RESOLUTION 16086 APPROVING AN AMENDMENT TO TIIE EXISTING MEMORANDUM OF
UNDERSTANDING WITH TIIE INTERNATIONAL ASSOOATION OF FIRE
FIGHfERS LOCAL 2180, WESfERN COUNCIL OF ENGINEERS, CHULA
VISTA EMPLOYEES ASSOCIATION AND TIIE POUCE OFFICERS
ASSOOATIONREGARDING TIIEPERSIAN Gill.F CONFUCTLEAVE POUCY
- At its meeting on 2/12/91, Council authorized the City Manager to meet
and confer with bargaining units with the ultimate goal of implementing
a military leave benefit policy specific to the Persian Gulf Conflict. Staff
recommends approval of the amendment to the existing MOD's with IAPF,
POA, WCE, and CVEA providing for a Persian Gulf Conflict Leave Policy.
(Director of Personnel)
12. RESOLUTION 16087 RATIFYING FIRST AMENDMENT TO TIIE AGREEMENT WITH WIllDAN
ASSOOATES FOR TIIE PREPARATION OF TIIE TELEGRAPH CANYON
DRAINAGE PLAN AND APPROPRIATING FUNDS - On 1/12/88, Council
approved an agreement with Willdan Associates for consulting services to
prepare a drainage plan and ordinance for the financing of a drainage
facility in the area of Telegraph Canyon Road. This item is to consider
ratification of the first amendment to the contract due to an expanded
scope of work requiring an increase in the contract amount to compensate
for the additional work performed. Staff recommends approval of the
resolution and to appropriate funds from the Telegraph Canyon Drainage
DlF. (Director of Public Works)
13. RESOLUTION 16088 APPROVING SCOOT SUBMISSION OF AMENDED FISCAL YEAR 1990-91
TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 CLAIM FOR
BAYFRONT TROllEY STATION OPERATIONS This amended
Transportation Development Act (TDA) claim will fund eligible Bayfrom
Station operating costs with TDA 4.0 funds, thereby maintaining a balance
of approximately $87,000 in unrestricted funds for future expenditures
ineligible for TDA funds. Staff recommends approval of the resolution, and
request $23,000 from the County of San Diego for Bayfront Station
operations. (Director of Public Works)
14. REPORT ON CHULA VISTA TRANSIT (CVO STUDY - At its 1/15/91 meeting,
Council accepted the Chula Vista Transit Study prepared by MTDB and
authorized staff to hold a public hearing information meeting on the study.
The meeting was held on 2/6/91 and staff is presenting Phase I
recommendations to Council for concurrence. Staff recommends that
Council adopt the cvr study in concept; and recommend to the SCOOT
Board that Phase I of the study be implemented in FY 1991-92. (Director
of Public Works)
AGENDA
-4-
March 5, 1991
15.
REPORT
REGARDING AMERICAN YOUTII HOSTELS REQUEST TO CONDUCT
THEIR GRAND BICYCLE TOUR OF FIVE CITIES - The American Youth
Hostels, San Diego Council, is requesting permission to conduct their
Grand Bicycle Tour. Staff reconunends that Council approve the request
subject to staff conditions. (Director of Parks and Recreation)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as pub/u; hearings as required by law. If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual
16.
PUBUC HEARING
CONSIDERING THE VACATION OF A PORTION OF GLOVER AVENUE
ADJACENT TO 374 "H" STREET (RESOLUTION OF INTENTION NUMBER
16064) - At it's 2/12/91 meeting, Council set the public hearing for
3/5/91. Mr. Gil Turullols, owner of the property at 374 "H" Street, has
requested a right-of-way vacation by the City in order to reduce the impact
on the developable area resulting from the dedication of right-of-way for
the future widening of "H" Street. Staff recommends approval of the
resolution. (Director of Public Works)
RESOLUTION 16089 ORDERING THE VACATION OF A PORTION OF GLOVER AVENUE
ADJACENT TO 374 "H" STREET
OTHER BUSINESS
17. ORAL COMMUNICATIONS - this is an opportunity for the general pub/u; to address the City Council on
any subject matter within the Council's jurisdiction that is not an i1em on this agenda. (State law,
however, generally prohibits the City Council from taking action on any issues not included on the posted
agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to
Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to
the meeting. Those who wish to spealc, please give your name and address for record purposes and follow
up action. Your time is lintited to three minutes per speaker.
18. BOARD AND COMMISSION RECOMMENDATIONS: None
19. ITEMS PUUJill 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 consi11ered prior to those pulled by Councilmembers. Public comments are limited to five minutes
per indivi11ual.
.
.
.
AGENDA
-5-
March 5, 1991
20.
CI1Y MANAGER'S REPORT(S)
a. Scheduling of meetings.
21. MAYOR'S REPORT{s)
a. Member of the International Friendship Commission as the official representative for the
City of Chula Vista during their annual celebration. Authorizing the expenditure of not
more than $450.00 to provide for travel and lodging.
22. COUNCIL COMMENTS
a. Councilman Rindone:
1. Community members participation on Bayfront Task Force Sub.Committee.
2. Congestion Management Plan (CMP)
ADJOURNMENT
A Redevelopment Agency meeting will be held intmediately following the City Council Meeting.
This meeting will adjourn to (closed session and thence to) the Regular City Council Meeting on March 12,
1991 at 6:00 p.m. in the City Council Chambers.
March 1, 1991
E. R. Asmus,
Mayor and City counc~-,
Assistant City Manage~
TO:
FROM:
SUBJECT:
The Honorable
City Council Meeting of March 5, 1991
This will transmit the agenda and related materials for the regular City
Council meeting scheduled for Tuesday, March 5, 1991. There are no
Written Communications on this agenda.
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!' WHEltBAS, lIentalretar'dation. is a condition which _affects more
t~an six mi~~iO~American citizens and the~r fami~ies and cuts across
the linea of raclf,educatio,Il', social ~d_ economic backgrounds; and
, "
WHERBAf) every five minute. a baby is born with mental retardation
in the Uni~4_States and, same 100,000 children born this year, will be
diaqnosed~;.as haviAq mental retardation; and
.. WHEREAS, the way to alleviate the serious problems associated with
mental retardatioo is to understand that we have an important responsibility
to people with disabilities; and
WHEREAS, once isolated and ignored, people with mental retardation
now enjoy greater educational and social opportunities; and
WHEREAS, as old stereotypes reflecting fear and ignorance crumble
away - children with mental retardation now go to schools and share
in othex activities with their non-disabled friends and adults with
mental retardation are able to hold responsible jobs and live productive
lives in their communities; and
WHEREAS, during the month of March, state and local chapters of
the Association for Retarded Citizens highlight employment, educational,
and recreational programs for people with mental retardation; and
)i
WHEREAS, the Association of Retarded Citizens has served~an Diego
,County'. citizens with mental retardati~ for~ver 36 years, helping
more people'to realize that men.,_".women a.n4 children with mental
retardation .~e va~uab~e J'eop~e ,to IdIi!JoI' a.. neiqhbo,... and friends,
",. ,- ". '. ..'--;.' ," '. 't"
,.NOW, ~IIB, I. LI!iONARD'II' IfQORIf;..lIayor'pro 'ftmpore of the
City of Chul..vtlita, C-Uf.r",ia ~o. ~e7:et>y proc~ai..'.the lBO.nth of
March 1911t, "Ml!N't'AL IlETUDA't'~ MeftIl~. WI th. City of chub Vista,
California: p..UI."48 o~ c~tizeD. to ynden't'and th!It individuals with
~evelopments~'41sabl1iti~(ne~~'t~~on more 'fnd.pe",dent~y and
producti~l#, "Uhin the colllDlllnf'iIy. ,'.>
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ITEM TITLE: 1)
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
ITEM NO.:
7
MEETING DATE: March 5.1991
2)
ORDINANCE NO. 2446 PROHIBITING THE INSTALlATION OF AND THE
SALE WITH INTENT TO INSTALL HIGH-FLOW WATER FIXTURES ON
RETAILERS AND INSTALLERS OF SAME WITHIN CHUlA VISTA (SECOND
READING)
ORDIN E NO. 2446(A) PROHI~NG THE INST~TIO~F AND THE
SALE WIT INTENT TO INSTAL HIGH-FLOW TER RES ON
RETAILERS D INSTALLERS OF S E WITHIN CH VISTA URGENCY
ORDINANCE)
Kenneth G. Larsen, C.B.a., Director of Building and.~~~
John D. Goss, City Manage&r ~
4/5th Vote: ( ) Yes (X) No
Referral No. 2248
BOARDS/COMMISSIONS RECOMMENDATIONS:
Due to the urgency expressed by the Council in returning this item to them, this item has not
been sent to the Resource Conservation Commission nor to the Board of Appeals and
Advisors in advance of preparing this Agenda Statement. Staff will process this matter
through both boards, should the City Council opt to implement staff recommendation no. 3,
as listed below, and will advise the Council of their recommendations in this regard as soon
as it becomes available.
RECOMMENDATION:
THAT THE CITY COUNCIL APPROVE THE SECOND READING OF ORDINANCE NO. 2446
PROHIBITING HIGH-FLOWIWATER FIXTURES ON RETAILERS AND INSTALLERS OF SAME
WITHIN CHULA VISTA.
IOTHER OPTIONS AVAILABLE TO THE COUNCIL AT YOUR DISCRETION ARE AS FOLLOWS:
1. ACCEPT THE RECOMMENDATION THAT THE CITY COUNCIL ADOPT ORDINANCE NO.
2446(A). AS AN URGENCY ORDINANCE PROHIBmNG HIGH-FLOW WATER FIXTURES
ON RETAILERS AND INSTALLERS OF SAME WITHIN CHULA VISTA; OR,
2. THAT THE CITY COUNCIL DEFER THE APPROVAL OF SECOND READING OF
ORDINANCE NO. 2446 FOR THIRTY DAYS TO ALLOW CIRCULATION OF THE
PROPOSED ORDINANCE THROUGHOUT THE BUSINESS COMMUNITY, THE BUILDING
INDUSTRY ASSOCIATION, THE ENVIRONMENTAL COMMUNITY AND OTHER
INTERESTED PARTIES, INCLUSIVE OF NEIGHBORING SOUTH BAY CITIES.
7-1
-2-
BACKGROUND:
As previously identified in the February 26, 1991, Council Agenda Statement, a sense of
climatic urgency created by a prolonged State-wide drought is impacting the City of Chula
Vista. Recognizing this circumstance, efforts to extend the aVailable quantities of water
must be implemented to insure minimum sanitation standards and create ample supplies of
potable water for consumption. During the City Council meeting of February 26, 1991, the
Council identified this drought condition by approving Ordinance No. 2446 and placing on
First Reading.
DISCUSSION:
A primary focal point addressed by the Council centered about the availability of low flush
water closets and other water conservation fixtures within the local market. As amended by
Council from 2.0 to 3.5 gallons per flush for water closets, this permits the existing inventory
of water closets presently within the retail community to exhaust itself, and directs retailers
and installers to reorder with 1.6 gallons per flush fixtures. Staff survey of numerous
retailers indicated that such inventory quantIties should be eliminated within forty-five days
to sixty days maximum with the exception of custom ordered styles and types of fixtures.
Staff anticipates a modification of the 3.5 gallon-per-f1ush standard to be replaced with a 2.0
gallon-per-f1ush or less to be broug:ht forward in June of this Bar. In addition to this
amendment, an administrative waiver provision, allowing the irector of Building and
Housing to waive the less than 2.0 gallon-per-f1ush requirement if substantial verification
from the retailer or installer provides evidence that the manufacturer has not produced a
water conversation fixture in that particular product line selected by the consumer. Staff
believes this will represent a minor percentage, (1-2%) of all water closets and fixtures
installed within the community, thereby not impacting overall water consumption by any
significant degree.
Staff believes that each of the three recommendations provide a positive step towards
City-wide water conservation techniques. Likewise, staff is prepared to administer each of
the options with equal preference towards delivery of positive public relations
announcements regarding implementation towards the prohibition of high-flow water
fixtures for installation within the City of Chula Vista.
FISCAL IMPACT:
As previously described in the February 26, 1991, Council Agenda Statement, staff is
currently preparing water conservation announcements, use of grey-water and similarIt
related handouts providing conservation guidelines around the household. Available
funding from Department of the Building and Housing has been identified, with anticipated
target date of completion set for approximately April 12, 1991.
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'1- ')...
ORDINANCE NO. 2446
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE CHULA VISTA MUNICIPAL CODE BY
ADDING CHAPTER 9.70 TO PROHIBIT THE
INSTALLATION OF, AND THE SALE WITH INTENT TO
INSTALL, HIGH FLOW WATER FIXTURES, TO REQUIRE
THE MARKING OF HIGH FLOW WATER FIXTURES AND TO
REQUIRE THE POSTING OF NOTICE OF SAME AT
RETAIL ESTABLISHMENTS OFFERING HIGH FLOW WATER
FIXTURES.
The City Council of the city of Chula vista does hereby ordain
as follows:
SECTION 1. The Chula vista Municipal Code is hereby amended
by adding Chapter 9.70 to read as follows:
"
X. ENVIRONENTAL PROTECTION AND CONSERVATION
Section 9.70.010. Regulation of Sale and Installation of High
Flow Water Fixtures.
A. Definitions.
1. "High Flow Water Fixture", for the purposes of this
Section, shall mean any of the following devices:
a. A toilet (also known as a water closet) which
permits the usage of greater than 3.5 gallons
per flush ("High Flow Toilet").
b. A shower nozzle which permits the usage of
greater than 2.5 gallons per minute at maximum
volume ("High Flow Shower Nozzle") .
c.
A urinal
than 1. 0
Urinal") .
which permits the usage of greater
gallons per flush. ("High Flow
d. A sink faucet which permits the usage of
greater than 2.5 gallons per minute ("High
Flow Sink Faucet").
hiflow2.wp
February 28, 1991
Ord. Regulating High Flow Water Fixtures
Page 1
7-)
e. A lavoratory faucet which permits the usage of
greater than 2.0 gallons per minute ("High
Flow Lavoratory Faucet").
2. "Retailer", for the purposes of this Section, shall
mean any person, including, but not limited to, an
individual, firm, association, or corporation, licensed
by the City to conduct, or conducting a commercial retail
business.
B. Installation of Hiah Flow Water Fixtures within citv.
It shall be illegal from and after April 5. 1991, for any
person, including but not limited to any individual,
partnership, firm, corporation, or association, to install a
High Flow Water Fixture in any building on property which, in
whole or in part, is located within the City limits of the
City of Chula vista.
C. Markina of Hiah Flow Water Fixtures.
1. No Retailer in the City of Chula vista shall offer a
High Flow Toilet (or water closet) within the City limits
without having clearly marked thereon, or if said toilet is
presented for sale in a package, then on the package in which
the said toilet is offered for sale, accurately and in a
manner and location clearly visible from on the outside of
said package the number of gallons, measured to the nearest
1/10th of a gallon, which the toilet uses each flush, and the
admonition that the installation of the device in Chula vista
is illegal.
2. No Retailer in the city of Chula vista shall offer
a High Flow Shower Nozzle within the city limits without
having clearly marked thereon, or if said shower nozzle is
presented for sale in a package, then on the package in which
the said shower nozzle is offered for sale, accurately and in
a manner and location clearly visible from on the outside of
said package, the number of gallons, measured to the nearest
1/10th of a gallon, which said shower nozzle uses each minute
at maximum volume, and the admonition that the installation of
the device in Chula vista is illegal.
3. No Retailer in the City of Chula vista shall offer a
High Flow Urinal within the City limits without having clearly
marked thereon, or if said urinal is presented for sale in a
package, then on the package in which the said urinal is
offered for sale, accurately and in a manner and location
clearly visible from on the outside of said package, the
hiflow2. wp
February 28, 1991
Ord. Regulating High Flow Water Fixtures
Page 2
7.'1
number of gallons, measured to the nearest l/loth of a gallon,
which said urinal uses each minute at maximum volume, and the
admonition that the installation of the device in Chula vista
is illegal.
4. No Retailer in the city of Chula vista shall offer
any High Flow sink Faucet within the City limits without
having clearly marked thereon, or if said faucet is presented
for sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visible from on the outside of said package,
then number of gallons, measured to the nearest l/loth of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula vista is illegal.
5. No Retailer in the City of Chula vista shall offer
any High Flow Lavatory Faucet within the City limits without
having clearly marked thereon, or if said faucet is presented
for sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visisble from on the outside of said package,
the number of gallons, measured to the nearest l/loth of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula vista is illegal.
D. Sale Knowinq Intent to Install.
No Retailer in the city of Chula vista shall sell a High
Flow Water Fixture to any purchaser when said Retailer knows,
or should, in the exercise of reasonable judgment, know, that
the purchaser intends to install same within the City of Chula
vista.
3. No Retailer shall be liable under this subsection if
said Retailer shall have posted the signage required by
this Section, and the purchaser has certifies in writing
that the High Flow Water Fixture is not for installation
within the city of Chula vista.
D. Siqnaqe Required to be Posted.
Every Retailer in the City of Chula vista which offers a High
Flow Water Fixture for sale shall post a sign in the building
where said Fixtures are offered for sale which contain the
message and is located pursuant to the provisions of this
section.
hiflow2.wp
February 28, 1991
Ord. Regulating High Flow Water Fixtures
Page 3
?-S'
1. Location of Siqns in Buildinq.
If the High Flow Water Fixture is displayed for view by
customers, the subject sign shall be posted in the
immediate vicinity of said High Flow Water Fixture or
Fixtures at a point which can be clearly seen by the
customer at the same time the customer is viewing said
subject Fixtures. If the High flow Water Fixture is not
displayed for view by customers, the subject sign shall
be posted at or near all entrance ways to the building.
2. Size of Tvoe: Content of Siqn.
The Signs required by this Section shall contain the
following message in at least 50 point type, according to
the following type of High Flow Water Fixture
a. High Flow Toilets: "Warning. It is illegal to
install in any building in the city of Chula vista
a toilet which permits the usage of greater than
3.5 gallons per flush.
b. High Flow Shower Nozzles: "Warning, it is
illegal to install in any building in the City of
Chula vista a shower nozzle which permits the usage
of greater than 2.5 gallons per minute."
c. High Flow Urinals:
install in any building
a urinal which permits
1.0 gallons per flush.
"Warning, it is illegal to
in the City of Chula vista
the usage of greater than
d. High Flow Sink Faucets: "Warning, It is
illegal to install in any building in the city of
Chula vista a sink faucet which permits the usage
of greater than 2.5 gallons per minute.
e. High Flow Lavoratory Faucets: Warning, It is
illegal to install in any building in the City of
Chula vista a lavoratory faucet which permits the
usage of greater than 2.0 gallons per minute.
E. Retailers Liable for Acts of Aqents.
A Retailer who retains employees or agents to perform
services for said Retailer shall be liable for the acts of
said employees and agents to the extent that said employees or
agents violate the provisions of this section while employed
by, or acting on behalf of, the Retailer.
hiflow2.wp
February 28, 1991
Ord. Regulating High Flow Water Fixtures
Page 4
7"("
SECTION 2: This ordinance shall take effect and be in full
force and effect on the thirtieth day from and after its adoption.
Presented by
Approved as
Ii- t1t.
Kenneth G. Larsen
Director of Building and Housing
Bruce M. Boogaa
City Attorney
hiflow2.wp
February 28, 1991
Ord. Regulating High Flow Water Fixtures
Page 5
7-7/1-e
ORDINANCE NO. 2446A
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING THE CHULA VISTA MUNICIPAL CODE BY
ADDING CHAPTER 9.70 TO PROHIBIT THE
INSTALLATION OF, AND THE SALE WITH INTENT TO
INSTALL, HIGH FLOW WATER FIXTURES, TO REQUIRE
THE MARKING OF HIGH FLOW WATER FIXTURES AND TO
REQUIRE THE POSTING OF NOTICE OF SAME AT
RETAIL ESTABLISHMENTS OFFERING HIGH FLOW WATER
FIXTURES; IMPLEMENTING SAME ON AN URGENCY
BASIS
The City Council of the City of Chula vista does hereby ordain
as follows:
SECTION 1. The Chula vista Municipal Code is hereby amended
by addinq Chapter 9.70 to read as follows:
II
X. ENVIRONENTAL PROTECTION AND CONSERVATION
Section 9.70.010. Requlation of Sale and Installation of Hiqh
Flow Water Fixtures.
0.1 Definitions.
0.1.1 "Hiqh Flow Water Fixture", for the purposes of
this Section, shall mean any of the followinq devices:
0.1.1.1
A toilet (also known as a water closet)
which permits the usaqe of qreater than
3.5 li!--o-G qallons per flush ("Hiqh Flow
Toilet") .
0.1.1.2
A shower nozzle which permits the usaqe
of qreater than 2.5 qallons per minute at
maximum volume ("Hiqh Flow Shower
Nozzle") .
c.
A urinal
than 1. 0
urinal").
which permits the usaqe of qreater
qallons per flush. (IIHiqh Flow
d. A sink faucet which permits the usaqe of
hiflow4.wp Ord. Re Hiqh Flow Water Fixtures--urqency version
February 28, 1991 paqe 1
??
greater than 2.5 gallons per minute ("High
Flow Sink Faucet").
e. A lavoratory faucet which permits the usage of
greater than 2.0 gallons per minute ("High
Flow Lavoratory Faucet").
2. "Retailer", for the purposes of this Section, shall
mean any person, including, but not limited to, an
individual, firm, association, or corporation, licensed
by the City to conduct, or conducting a commercial retail
business.
0.2 rnstallation of Hiqh Flow Water Fixtures within city.
rt shall be illegal from and after March 6. 1991 for any
person, including but not limited to any individual,
partnership, firm, corporation, or association, to install a
High Flow Water Fixture in any building on property which, in
whole or in part, is located within the City limits of the
City of Chula vista.
0.3 Markinq of Hiqh Flow Water Fixtures.
0.3.1 No Retailer in the City of Chula vista shall offer
a High Flow Toilet (or water closet) within the city limits
without having clearly marked thereon, or if said toilet is
presented for sale in a package, then on the package in which
the said toilet is offered for sale, accurately and in a
manner and location clearly visible from on the outside of
said package the number of gallons, measured to the nearest
1/10th of a gallon, which the toilet uses each flush, and the
admonition that the installation of the device in Chula vista
is illegal.
0.3.2 No Retailer in the city of Chula vista shall
offer a High Flow Shower Nozzle within the City limits without
having clearly marked thereon, or if said shower nozzle is
presented for sale in a package, then on the package in which
the said shower nozzle is offered for sale, accurately and in
a manner and location clearly visible from on the outside of
said package, the number of gallons, measured to the nearest
1/10th of a gallon, which said shower nozzle uses each minute
at maximum volume, and the admonition that the installation of
the device in Chula vista is illegal.
3. No Retailer in the City of Chula vista shall offer a
High Flow Urinal within the city limits without having clearly
marked thereon, or if said urinal is presented for sale in a
hifloW4.wp Ord. Re High Flow Water Fixtures--urgency version
February 28, 1991 Page 2
? -'It)
package, then on the package in which the said urinal is
offered for sale, accurately and in a manner and location
clearly visible from on the outside of said package, the
number of gallons, measured to the nearest l/loth of a gallon,
which said urinal uses each minute at maximum volume, and the
admonition that the installation of the device in Chula vista
is illegal.
4. No Retailer in the city of Chula vista shall offer
any High Flow Sink Faucet within the City limits without
having clearly marked thereon, or if said faucet is presented
for sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visible from on the outside of said package,
then number of gallons, measured to the nearest l/loth of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula vista is illegal.
5. No Retailer in the city of Chula vista shall offer
any High Flow Lavatory Faucet within the City limits without
having clearly marked thereon, or if said faucet is presented
for sale in a package, then on the package in which the said
faucet is offered for sale, accurately and in a manner and
location clearly visisble from on the outside of said package,
the number of gallons, measured to the nearest l/loth of a
gallon, which said faucet uses each minute at maximum volume,
and the admonition that the installation of the device in
Chula vista is illegal.
D. Sale Knowina Intent to Install.
No Retailer in the City of Chula vista shall sell a High
Flow Water Fixture to any purchaser when said Retailer knows,
or should, in the exercise of reasonable judqment, know, that
the purchaser intends to install same within the city of Chula
vista.
0.3.3 No Retailer shall be liable under this subsection
if said Retailer shall have posted the signage required
by this section, and the purchaser has certifies in
writing that the High Flow Water Fixture is not for
installation within the City of Chula vista.
0.4 Sianaae Reauired to be Posted.
Every Retailer in the City of Chula vista which offers a High
Flow Water Fixture for sale shall post a sign in the building
where said Fixtures are offered for sale which contain the
hiflow4.wp Ord. Re High Flow Water Fixtures--urgency Version
February 28, 1991 Page 3
'1. /1
messaqe and is located pursuant to the provisions of this
section.
0.4.1 Location of Siqns in Buildinq.
If the Hiqh Flow Water Fixture is displayed for view by
customers, the subject siqn shall be posted in the
immediate vicinity of said Hiqh Flow Water Fixture or
Fixtures at a point which can be clearly seen by the
customer at the same time the customer is viewinq said
subject Fixtures. If the Hiqh flow Water Fixture is not
displayed for view by customers, the subject siqn shall
be posted at or near all entrance ways to the buildinq.
0.4.2 Size of TVDe: Content of Siqn.
The siqns required by this section shall contain the
followinq messaqe in at least 50 point type, accordinq to
the followinq type of Hiqh Flow Water Fixture
0.4.2.1 Hiqh Flow Toilets: "Warninq. It is
illeqal to install in any buildinq in the city of
Chula vista a toilet which permits the usaqe of
qreater than 3.5 qallons per flush.
0.4.2.2 Hiqh Flow Shower Nozzles: "warninq, it is
illeqal to install in any buildinq in the City of
Chula vista a shower nozzle which permits the usaqe
of qreater than 2.5 qallons per minute."
0.4.2 .3 Hiqh Flow Urinals: "Warninq, it is
illeqal to install in any buildinq in the City of
Chula Vis.ta a urinal which permits the usaqe of
qreater than 1.0 qallons per flush.
d. Hiqh Flow Sink Faucets: "Warninq, It is
illeqal to install in any buildinq in the city of
Chula vista a sink faucet which permits the usaqe
of qreater than 2.5 qallons per minute.
e. Hiqh Flow Lavoratory Faucets: warninq, It is
illeqal to install in any buildinq in the City of
Chula vista a lavoratory faucet which permits the
usaqe of qreater than 2.0 qallons per minute.
0.5 Retailers Liable for Acts of Aqents.
A Retailer who retains employees or aqents to perform
services for said Retailer shall be liable for the acts of
hifloW4.wp Ord. Re Hiqh Flow Water Fixtures--urqency Version
February 28, 1991 Paqe 4
7-/2..
said employees and agents to the extent that said employees or
agents violate the provisions of this section while employed
by, or acting on behalf of, the Retailer.
SECTION 2: The city council hereby finds that the regulation
of high flow water fixtures are of utmost urgency and importance to
the general health, safety and welfare of the city of Chula vista
by virtue of the fact that the City of Chula vista and the county
of San Diego are suffering from the fifth year of a drought
condition and the prospect for water availability in the
foreseeable future is unclear and uncertain. The regulation of
water devices that waste existing water supplies is necessary to
avoid the depletion of our scarce water resources. According, this
City council finds that the regulation of high flow water devices
in the manner herein provided should be enacted on an urgency
basis.
SECTION 3:
force and effect
affirmative votes
This ordinance shall take effect and be in full
immediately upon the adoption hereof by the
of four members of the city council.
Presented by
Approved as
;.L th.
Kenneth G. Larsen
Director of Building and Housing
Bruce M. Booga
city Attorney
hifloW4.wp Ord. Re High Flow Water Fixtures--urgency version
February 28, 1991 Page 5
1-/3
COUNCIL AGENDA STATEMENT
Item -SAt6
ITEM TITLE:
Ordinance
SPA III PC
Meeting Date 3/5/91
2 '1'10 Approving the Rancho del Rey
Development Regulations
Resolution 15993 Approving Rancho del Rey sectional
Planning Area Plan (SPA) III Plan, and the Public
Facilities Financing Plan
SUBMITTED BY: Director of Planning~
REVIEWED BY: City Manager~t')dJ (4/sths Vote: Yes_No-1LI
At the meeting of January 15, 1991, the City Council approved with
conditions the Rancho del Rey Sectional Planning Area (SPA) III
Plan, Public Facilities Financing Plan, and PC Development
Regulations. The PC Development Regulations act as the zoning
ordinance for the development in the SPA III area. For this
reason, their adoption should be by ordinance, not by resolution as
was presented to Council for the meeting of January 15. Adoption
of the ordinance will be consistent with the manner in which the
Rancho del Rey SPAs I and II Development Regulations were enacted.
At the meeting of February 5, 1991, this item was submitted to
council for adoption of the ordinance; however, the exhibit was not
included. Transmitted herewith is the exhibit which contains the
PC Regulations to be approved.
In addition, City Council Resolution No. 15993, approved on
January 15, 1991, contained two conditions (20 and 21) which were
added at Council's direction to address water conservation and air
quality. After further reviewing these conditions, and discussing
them with the applicant, we feel that the intent of the conditions
requires clarification.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
RECOMMENDATION: a) Adopt ordinance approving the Rancho del Rey
SPA III PC Development Regulations; and
b) Approve final version of Resolution No. 15993,
approving the Rancho del Rey Sectional
Planning Area (SPA) III Plan, and the Public
Facilities Financing Plan with conditions
added as directed by Council.
~.. ,
Page 2, Item
Meeting Date
IR+&
3/5/91
BACKGROUND:
Condition no. 20 of the SPA Plan conditions of approval required
that "prior to the approval of the tentative map, a water
mitigation plan must be presented to reduce any impacts on area
water supply to a level below significance." In reviewing this
condition in light of the EIR prepared on this project, it was
determined that the project, as conditioned through the Mitigation
Monitoring Program, would have impacts reduced to the level below
significance. The revised condition clarifies, however, that
Council has sole discretion to determine that the water
conservation plan is adequate.
Condition no. 21 required that "prior to approval of the tentative
map, an air quality plan must be presented which would reduce the
impacts of the project to a level below significance." In
reviewing this condition in relation to the EIR on the project, it
appears that the condition cannot be met, based on the way in which
the cumulative impacts of projects on air quality are evaluated.
That is, until the "1982 State Implementation Plan Revisions for
the San Diego Air Basin" (1982 SIP) is updated, all projects are
deemed to have a significant cumulative impact on air quality.
While the San Diego Air Pollution Control District, along with
SANDAG and its member agencies, are currently working on an update
of this plan, it is not likely to be adopted prior to the tentative
map for this project being considered by the City Council.
Therefore, it is proposed that this condition be revised to require
that the air quality plan "substantially reduce or mitigate"
impacts to a level acceptable to the City Council.
Staff feels that the proposed revised Conditions 20 and 21 provide
the city Council with the latitude to require that both the water
and air quality plans provide adequate mitigation to meet City
objectives, and we recommend adoption of the revised resolution
containing these conditions.
FISCAL IMPACT: Not applicable.
(RDRORD.A1l3)
<g -2.
ORDINANCE NO. 2440
AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE RANCHO DEL REY SPA III PC DEVELOPMENT REGULATIONS
WHEREAS, a duly verified application for a Sectional
Planning Area (SPA) Plan, Public Facilities Financing Plan and PC
Development Regulations was filed wi th the Ci ty Planning
Department by the Rancho del Rey Partnership; and,
WHEREAS, said plans proposed the development of 404.6
acres of land, located between East "H" Street and Telegraph
Canyon Road immediately south of Rancho del Rey SPA I, to include
1,380 residential dwelling units and 198 acres of non-residential
uses; and,
WHEREAS, the Planning commission held
public hearing on said project on November
recommended approval of the project, including
Development Regulations; and
an advertised
14, 1990 and
the SPA I II PC
WHEREAS, the City Council set the time and place for a
hear ing on said project, and notice of said hear ing, 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 300 feet of the exterior boundaries of the property
at least ten days prior to the hearing; and,
WHEREAS, the hear ing was held at the time and place as
advertised, namely 7:00 p.m., December 18, 1990, in the Council
Chambers, 276 Fourth Avenue, before the City Council, and said
hearing was thereafter continued to January 15, 1991 and
ultimately closed; and
WHEREAS, the City Council on January 15, 1991 by
Resolution No. 15993 approved with conditions the Rancho Del Rey
sectional planning Area (SPA) III Plan, Public Facilities Plan,
and PC Development Regulations, and
WHEREAS, the PC Development Regulation must be adopted
by ordinance pursuant to Municipal Code section 19.48.070.
The City Council of the City of Chu1a Vista does ordain
as follows:
SECTION I: That the zoning map or maps established by
Section 19.18.010 of the Chu1a Vista Municipal Code are hereby
amended by adding thereto the Planned Community District
Regulations for Rancho Del Rey SPA III, more particularly
described in Exhibit "A", attached hereto and incorporated herein
by reference as if set forth herein.
~--~
-1-
~D
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and aft its ado t'on.
:J)
Presented by
Robert A. Leiter, Director of
Planning
8492a
<;..,/
-2-
ed
~t
Boogaard
J.ty
~i
;:>1
RESOLUTION NO. 15993
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE RANCHO DEL REY
SECTIONAL PLANNING AREA (SPA) III PLAN AND THE
PUBLIC FACILITIES FINANCING PLAN
WHEREAS, a duly verified application for a sectional Planning
Area (SPA) Plan, and Public Facilities Financing Plan was filed
with the city Planning Department by the Rancho del Rey
Partnership; and,
WHEREAS, said plans proposed the development of 404.6 acres of
land, located between East "H" Street and Telegraph Canyon Road
immediately south of Rancho del Rey SPA I, to include 1,380
residential dwelling units and 198 acres of non-residential uses;
and,
WHEREAS, the Planning commission held an advertised public
hearing on said project on November 14, 1990; and,
WHEREAS, the city Council set the time and place for a hearing
on said project, 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
300 feet of the exterior boundaries of the property at least ten
days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as
advertised, namely 7:00 p.m., December 18, 1990, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission, and
said hearing was thereafter closed; and
WHEREAS, the City Council recommended that EIR-89-10 be
certified.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds as
follows:
1. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN
CONFORMITY WITH THE EL RANCHO DEL REY SPECIFIC PLAN AND
THE CHULA VISTA GENERAL PLAN.
The Rancho del Rey Sectional Planning Area (SPA) III Plan
reflects the land uses, circulation system, open space
rdrspa3A.wp
February 27, 1991
Conditional Approval of SPA III, RDR, Ver. A
Page 1
<j ..)
reflects the land uses, circulation system, open space
and recreational uses, and public facility uses
consistent with the El Rancho del Rey General Development
Plan and Chula vista General Plan.
2. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE
THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The SPA Plan and Public Facilities Financing Plan contain
provisions and requirements to ensure the orderly, phased
development of the project. The Public Facilities
Financing Plan specifies the public facilities required
by Rancho del Rey SPA III, and also the regional
facilities needed to serve it.
3 . THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Rancho del Rey SPA III show that the
higher intensity uses are located adjacent to other
higher density projects, and single family residences are
situated adjacent to existing and future single family
homes. The Specialty Housing area will serve a special
population of residents in a unique village community of
mixed dwelling types. A comprehensive street network
serves the project, completes street connections in the
adjacent neighborhoods, and also provides alternative
travel routes to serve the Eastern Territories. The
proposed plan closely follows all existing environmental
protection guidelines and will avoid unacceptable off-
site impacts through the provision of
mitigation measures specified in the Rancho del Rey SPA
III Environmental Impact Report.
BE IT FURTHER RESOLVED that the following conditions of
approval are attached to the Rancho del Rey SPA III Plan:
1. Rancho del Rey SPA III shall submit annual building
permit reports, traffic counts and fiscal impact analysis
to the City. This requirement shall be in effect for
five (5) years from the date of city Council approval of
the SPA Plan. However, it may be extended at the
discretion of the city Council.
2. The Public Facilities Financing Plan shall be followed
with improvements installed in accordance with said plan
or as required to meet threshold standards adopted by the
rdrspa3A.wp
February 27, 1991
Conditional Approval of SPA III, RDR, Ver. A
Page 2
i'''~
city of Chula vista. In addition, the sequence that
improvements are constructed shall correspond to any
future East Chula vista Transportation Phasing Plan
adopted by the City. The City Engineer may at his
discretion, modify the sequence of improvement
construction should conditions change to warrant such a
revision.
3. The Parks and Recreation section of the Public Facilities
Financing Plan shall be amended to require PAD fees in
place at the time of building permit issuance for SPA
III. Specific wording shall be added in the fourth
paragraph on page 27 as follows: at the end of the second
sentence: ", and the PAD fees in place at the time of
issuance of building permits for SPA III."i in the third
sentence, after "$173,455 per acre": "(or the dollar per
acre cost applicable at the time of building permit
. )"
~ssuance ... .
4. Item #58 in the Public Facilities Financing Plan shall be
amended to require East "J" Street improvements from
Paseo Ranchero to just east of River Ash Road.
5. Street improvements, rights of way and other associated
public improvements shall meet city Standards unless
otherwise approved by the City Engineer.
6. Approval of the SPA does not approve the total number of
units or the final lot configurations and street design
shown within the SPA Plan. Modifications may be made by
staff, the Planning commission or City Council during
Tentative Subdivision Map processing and consideration.
7. All future grading shall be done in accordance with
approved City standards. Areas requiring specific
grading and design treatment, such as adjacent to Rice
Canyon, Telegraph Canyon Road and Paseo Ladera, shall be
treated in accordance with the requirements determined to
be necessary during tentative map processing and approval
by the Engineering, Planning and Parks Departments and
the city Landscape Architect.
8. Specific methods of handling storm drainage and sewer
improvements are subject to detailed review and approval
by the city Engineer at the time of submission of the
improvement and grading plans.
9. Sewage flow metering shall be accomplished to monitor
three segments of main identified in the Rick Engineering
rdrspa3A.wp
February 27, 1991
Conditional Approval of SPA III, RDR, Ver. A
Page 3
g,7
report dated September 5, 1990, as sections QR, XIX2 and
KL. Metering shall be accomplished st the locations
determined by the city Engineer. Metering shall be
accomplished prior to the issuance of any building permit
for SPA III and be repeated at intervals directed by the
City Engineer. Should any of these segments have metered
flows which fill more than 80% of the pipe diameter, the
applicant shall construct parallel facilities as
determined by the City Engineer.
10. The Specialty Housing Area (Parcel R-7 on the site
utilization Plan) and the Townhouse area (Parcel R-6 on
the site utilization Plan) shall be developed according
to an approved Precise Plan.
11. At the tentative map stage, provisions shall be made to
ensure that water is delivered to the park and school
site at or below 150 psi per Fire District requirements.
12. Grading for the 10 acre park and the junior high school
shall occur at the same time. The park shall be
completed with the opening of the school or prior to the
end of development in Phase 7, whichever is earlier.
13. General Grading Standards identified in the SPA document
in Chapter VI: Community Design, shall include reference
to section 7.7 Land Development in Part One of the
General Plan.
14. The Residential Property Development Standards shall be
changed to reflect a 33 foot setback from back of
sidewalk for all structures in the RS and RP land use
districts fronting on East "J" Street, west of Paseo
Ranchero.
15. Grading of the proj ect shall incorporate the concepts and
details shown on the Alternative Grading Concept plan,
Exhibit 4 attached to the agenda report. This
Alternative Grading Concept shall be incorporated into
the SPA Plan replacing the proposed Grading Concept
(Exhibit 14 in the SPA document). Minor statistical
adjustments to development acreage and parcel unit counts
may result and shall be incorporated in the plan text and
other exhibits as required.
16. Per the Agreement. entered into by the Rancho del Rey
Partnership (Partnership) and the city of Chula Vista, a
minimum of 23 low income housing units shall be provided
in Rancho del Rey SPA III if a reasonable area for such
rdrspa3A.wp
February 27, 1991
Conditional Approval of SPA III, RDR, Ver. A
Page 4
v-..g
units is available. If no reasonable site for low income
units is available in Rancho del Rey SPA III, an
alternate site within the City shall be provided. The
Partnership shall provide at least 23, and will use
reasonable efforts to exceed the 23, low income housing
units. For purposes of this Agreement, low income
housing shall be defined by Health and Safety Code sec.
50093.
The low income housing units shall be demonstrated to the
satisfaction of the Housing Coordinator prior to
recordation of the Final Map.
17. Rancho del Rey SPAs I, II and III shall comply with any
future ordinance of the City that would set requirements
for designation of community purpose facility acreage.
The commitment shall be satisfied prior to the
recordation of any final map for the SPA III area.
18. Rancho del Rey SPA III shall comply with any Growth
Management Plans approved by the city Council. Prior to
approval of tentative maps for Rancho del Rey SPA III, an
Air Quality Improvement Plan and a Water Conservation
Plan shall be submitted and approved by the City Council.
19. The applicant shall hire a consultant to implement and
monitor the environmental mitigation monitoring program.
20. Prior to the approval of the tentative map. the followinq
conditions reqardinq water mitiqation will have occured:
(1) As required bv Condition No. 18. the applicant
will prepare and submit to the citv for City's approval
a plan ("Water Conservation Plan") which will reduce or
mitiqate. to the extent deemed acceptable bY the city
Council in their sole and unfettered discretion. the
impact of the proiect on water supplY to a level which.
from a CEOA perspective. would be deemed to be
insiqnificant:
(2) City will have reviewed and approved.
modified and approyed as modified. in their sole
unfettered discretion. the Water Conservation Plan:
or
and
and
(3) Applicant will provide to the city
assurances as the citv shall require that Applicant
implement the city-approved Water Conservation
accordinq to the time table therein approved.
such
shall
Plan
rdrspa3A.wp
February 27, 1991
Conditional Approval of SPA III, RDR, Ver. A
Page 5
<j-q
,.
21. Prior to the approval of the tentative map. the followina
conditions reaardina air auality impact mitiaation will
have occured:
(1) As reauired in Condition No. 18. the applicant
will prepare and submit to the city for city's approval
a plan ("Air Quality Improvement Plan") which will
substantiallY reduce or mitiaate. to the extent deemed
acceptable by the city Council in their sole and
unfettered discretion. the impact of the proiect on air
aualitv.
(2) citv will have reviewed and approved. or
modified and approved as modified. in their sole and
unfettered discretion. the Air Quality Improvement Plan:
and
(3) Applicant will provide to the citv such
assurances as the city shall reauire that Applicant shall
implement the City-approved Air Quality Improvement Plan
accordina to the time table therein approved.
BE IT FURTHER RESOLVED that based upon the findings and
conditions listed above that the Rancho del Rey SPA III Plan (1,380
dwelling units), Public Facilities Financing Plan and PC
Development Regulations are hereby approved.
BE IT FURTHER RESOLVED that a copy of this resolution be
transmitted to the owners of the property.
Presented by
y
l
~
Robert A. Leiter
Director of Planning
ruce M. Boogaard
City Attorney
rdrspa3A.wp
February 27, 1991
Conditional Approval of SPA III, RDR, Ver. A
Page 6
<6.../0
PASSED, APPROVED, and ADOPTED by the City Council of the city
of Chula Vista, California, this 15th day of January, 1991 by the
following vote:
AYES:
councilmembers: Malcolm, Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: McCandliss
ABSTAIN: Councilmembers: None
Leonard M. Moore
Mayor, Pro-Tempore
ATTEST:
Beverly A. Authelet, city Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet, City Clerk of the City of Chula vista,
California, do hereby certify that the foregoing Resolution No.
15993 was duly passed, approved, and adopted by the City Council of
the City of Chula Vista, California, at a regular meeting of said
city Council held on the 15th day of January, 1991.
Executed this 15th day of January, 1991.
Beverly A. Authelet, City Clerk
rdrspa3A.wp
February 27, 1991
Conditional Approval of SPA III, RDR, Ver. A
Page 7
1'...11
.
1
J
::r-fGft\ 8
3/s/il
PART THREE: DEVELOPMENT REGULATIONS
These Planned Community (PC) District Regulations are adopted
pursuant to Title 19, Zoning, of the Chula Vista Municipal Code,
and are intended to implement and integrate the Chula Vista
General Plan, the El Rancho del Rey Specific Plan, the General
Development Plan and the Sectional Planning Area Plan for Rancho
del Rey SPA III. They set forth the development and use stan-
dards for all property within the SPA by establishing:
setbacks
building heights
parking requirements
landscape requirements
use restrictions
animal regulations
development densities
lot size, width and depth
fencing requirements
signing regulations
These Planned Community District Regulations are organized into
two basic land use districts:
Residential
Special Purpose
Each of these two basic districts is further broken down into
specific land use districts as follows:
Residential Land Use Districts
RS Residential Single Family District
RP Residential Planned Concept District
RC Residential Condominium District
RSP Residential Specialty District
Special Purpose Land Use Districts
OS-1
OS-2
OS-3
Open Space - 1 District
Open Space - 2 District
Open Space - 3 District
(08/10/90)
Part 3
If - (3
.
.
I
,
CIIAP'l'BR VJ:X: liJS1'USl<AL PROVJ:SXONS
VJ:X.O
PURPOSE AND SCOPE
For the purposes of promoting and protecting the public health,
safety and welfare of the people of the City of Chula Vista;
safeguarding and enhancing the appearance and quality of develop-
ment of Rancho del Rey SPA III; and, providing the social, physi-
cal and economic advantages resulting from comprehensive and
orderly planned use of land resources, these Planned Community
District Regulations defining land use districts and regulations
within those districts are hereby established and adopted by the
City of Chula Vista.
VJ:X. 1
PRIVATE AGRBBMBNTS
The provisions of this Ordinance are not intended to abrogate
any easements, covenants or other existing agreements which are
more restrictive than the provisions of this Ordinance.
VU.2
REPEAL OF CONFLXCTXNG ORDXNANCBS
Whenever the provisions of this Ordinance impose more precise
regulations upon construction or use of buildings or structures,
or the use of lands or premises than are imposed or required by
previously adopted ordinances, the provisions of this Ordinance
or rules or regulations promulgated hereunder shall govern.
VJ:I.3
ESTABLISHMENT OF LAND USE DXSTRXCTS
A. Division of Rancho del Rey SPA XXI into Land Use Districts
In order to classify, regulate, restrict and separate uses
of land, buildings and structures; regulate and limit the
type, height and bulk of buildings and structures in the
various districts; regulate yards and other open areas abut-
ting and between buildings and structures; and, regulate
population densities, Rancho del Rey SPA III is hereby divid-
ed into the following Land Use Districts:
Residential Land Use Districts
RS Residential Single Family District
RP Residential Planned Concept District
RC Residential Condominium District
RSP Residential Specialty District
(08/10/90)
VII-1
3 -;L(
"
( Special Purpose Land ~ Districts
OS-1 Open Space - 1 District
OS-2 Open space - 2 District
OS-3 Open Space - 3 District
B. Adoption of Land Use Districts - Maps
These Land Use Districts and boundaries are established and
adopted as designated on the Rancho del Rey SPA III Land Use
District Map of the City of Chula Vista, and San Diego
County, and, together with all notations, references, data,
district boundaries and other information contained thereon,
are made a part hereof and adopted concurrently herewith
(see Exhibit 20).
C. FHinq
The original of the Rancho del Rey SPA III Official Land Use
District Map shall be kept on file with the City Clerk and
shall constitute the original record. A copy of said map
shall also be filed with the Planning Department.
D. Chanqes to the Land Use District Map
Changes to the boundaries of the land use districts shall be
made by ordinance and shall be reflected on the official
Rancho del Rey SPA III Land Use District Map. Minor changes
resulting from approval of a tract map may be made to the
land use districts map as an administrative matter.
VII.4
CLARIFICATION OF AMBIGUITY
If ambiguity arises concerning the appropriate classification of
a particular use wi thin the meaning and intent of this ordi-
nance, or if ambiguity exists with respect to matters of height,
yard requirements, area requirements or land use district
boundaries as set forth herein, it shall be the duty of the
Director of Planning to ascertain all pertinent facts and
forward said findings and recommendations to the Planning
Commission and, if approved by the Commission, or on appeal, to
the City Council. Thereafter, the established interpretation
shall govern.
Should any provision of these regulations conflict with those of
the Municipal Code, the requirements herein shall apply.
VII.S
EFP'ECTS OF REGULATIONS
The provisions of this Ordinance governing the use of land,
buildings and structures, the size of yards abutting buildings
and structures, the height and bulk of buildings, population
densities, the number of dwelling units per acre, standards of
(08/10/90)
VII-2
9-/5
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performance, and other provisions hereby are declared to be in
effect upon all land included within the boundaries of each and
every land use district established by this Ordinance.
VII:. 6
BNPORCBMBNT
A. Bnforce.ent by City Officials
The City Council, City Attorney, City Manager, City
Engineer, Directors of Public Works, Public Safety and
Planning, the Building Official, the City Clerk and all
officials charged with issuance of licenses or permits,
shall enforce the provisions of this Ordinance. Any permit,
certificate or license issued in conflict with the provi-
sions of this Ordinance shall be void. Adoption of this
Ordinace shall constitute a precise discretionary action by
the Ci ty Council and Planning Director with regard to the
planning, design and development of the Rancho del Rey SPA
III property, including issues of land use, intensity,
grading and slopes, lotting design, landscaping and public
facil1 ties.
B. Actions Deemed a Nuisance
Any building or structure erected hereafter, or any use of
property contrary to the provisions of a duly approved
Design Review, Site Plan, Variance, Conditional Use Permit
or Administrative Review and/or this Ordinance shall be
declared unlawful and a public nuisance per se and subject
to abatement in accordance with local ordinance provisions.
C. R_edies
All remedies concerning this Ordinance shall be cumulative
and not exclusive. The conviction and punishment of any
person hereunder shall not relieve such person from the
responsibility of correcting prohibited conditions or
removing prohibited buildings, structures, signs or improve-
ments, and shall not prevent the enforced correction or
removal thereof.
VII.7
DEFINITIONS
For the purposes of this Ordinance, certain words, phrases and
terms used herein shall have the meaning assigned to them by
Title 19 of the City of Chula Vista Municipal Code.
When not inconsistent with the context, words used in the
present tense include the future; words in the singular include
the plural; those in the plural include the Singular. The word
"shall" is mandatory; the word "may" is permissive.
(
(08/10/90)
VII-4
'6 -/7
(
-;-.
Any aspect of land use regulation within Rancho del Rey SPA III
not covered by these district regulations or subsequent plan
approvals, shall be regulated by the applicable section of the
Chula Vista Municipal Code (CVMC).
(08/10/90)
VII-S
9-lf
,.
(
CBAP'l'ER VIII: RESIDEN'l'IAL DISTRICTS
VIII.O
PURPOSE
In addition to the purposes outlined in Chapter VII, the Residential
Districts are included in the Planned Community District Regulations
to achieve the following objectives:
To reserve appropriately located areas for family living in
single family dwelling unit densities consistent with sound
standards of public health, safety and welfare;
To ensure adequate light, air, privacy and open space for each
dwelling;
To minimize traffic congestion and avoid the overloading of
public services and utilities by preventing construction of
buildings of excessive bulk or number in relation to the land
area around them;
To protect residential properties from noise, illumination,
unsightliness, odors, smoke and other objectionable influences;
and,
To facilitate the provision of utility services and other public
facilities commensurate with anticipated population, dwelling
unit densities and service requirements.
VIII.1
PERMITTED AND CONDITIONAL USBS
The following uses shall be permitted where the symbol "p" appears
and shall be permitted subject to a Conditional Use Permit where the
symbol "c" appears. Uses where the symbol "A" appears shall be per-
mitted subject to an Administrative Review.
PERMITTED USB MATRIX - RESIDEN'l'IAL DISTRICTS
Land Use
Land Use District
RS RP RC RSP
A. Residential Uses
1 .
Single family dwellings
P
P
P
P
2. Guest dwellings or accessory living
quarters
3.
Duplex dwellings
P
P
(Os/10/90)
VIII-1
~ -/9
.
PERMITTED USE MATRIX - RESIDENTIAL DISTRICTS (Continued)
Land Use
Land Use District
RS RP RC RSP
4.
Mobile homes on individual lots
which are certified under the
National Mobilehome Construction
and Safety Standards Act of 1974
P
P
5.
Group residential, including but
not limited to, boarding or rooming
homes, dormitories or retirement
homes
A
C
6.
7.
Townhouse dwellings
A
P
Multiple dwellings
P
B. Agricultural Uses
1 .
All types of horticulture
P
P
P
2.
Agricultural crops
A
A
A
3. Animal raising or grazing
4.
Keeping of three (3) dogs and/or
three (3) cats (over the age of four
months)
P
P
P
c. Public and Semi-Public Uses
2.
3.
4.
5.
1 .
Day nurseries, day care schools and
nursery schools (more than 12 children
enrolled) * C
C
C
C
Convalescent homes
Churches, convents, monasteries and
other religious places of worship
(subject to requirements of Section
19.58.110 CYMC)
C
c
C
P
P
Essential public services, including
but not limited to: schools,
libraries, museums, parks, public
works facilities and similar
installations
C
C
C
A
P
P
P
A
P
C
A
C
C
C
*Fewer than 12 children enrolled subject to City Ordinance
standards.
(08/10/90)
Public utility and public service
substations, reservoirs, pumping
plants and similar installations
C
C
C
VIII-2
9-c20
,
PERMl:'l'TED USE MATRIX - RESIDENTIAL DISTRICTS (COntinued)
( Land ~ Land Use District
RS RP Sf. gg
6. Recreational facilities, including
but not limited to: country clubs,
tennis and swim clubs, golf courses,
racquetball and handball. (Sites
for such facilities which are 2 acres
or less shall be subject to Adminis-
trative Review only) C C C A
7. Recreational courts, including but
not limited to, tennis, basketball
and similar uses A A A A
D. Bome Occupations
1 . Home occupations subject to the
provisions of Chapter X.2 A A A A
E. Accessory Uses
1 . Accessory structures and uses
located on the same site as a
permitted use A A A A
2. Accessory structures and uses
located on the same site as a
conditional use A A A A
P. Temporary Uses
1.
Temporary uses as prescribed in
Chapter X.1
A
A
A
A
VUI.2
PROPERTY DEVELOPMENT STANDARDS
A. General Stan~~rds
The Property Development Standards on the following page shall
apply to all land and buildings, other than accessory buildings,
permitted in their respective residential land use district.
The use of the symbol "Sp" indicates that the standard is estab-
lished by the approval of a Site Plan. Minor variations to
specific standards may be permitted subject to site plan or
tract map approval providing that the minimums specified herein
are maintained as average minimums. Lot widths and depths are
typical minimums but may vary slightly with irregularly shaped
lots and site specific conditions. The parking standards for a
planned Senior Citizen or "affordable" residential development
may be reduced from those specified herein for the district in
which it is located by the Director of Planning.
(08/10/90)
VUI-3
9f ~d/
.
RESIDENTIAL PROPERTY DEVELOPMENT STANDARDS
\
1.
Lot area (in net OOO's s.f.)
minimum
minimum average
2.
Lot width (in feet)
minimum
minimum average
3.
Lot depth (in feet)
4.
Lot coverage (percentage)
Floor Area Ratio*
5.
6. Front yard setback (from
Public Street ROW)
a) To direct entry garage**
b) To side entry garage**
c) To main residence
7. Side yard setback
a) To adjacent residential lot
(min. total/min. one side)
b) Distance between detached
residential units
c) To adjacent street
(corner lot)
Rear yard setback'
8.
9.
Building height, feet (maximum)2
(2-1/2 story maximum in RS & RP)
accessory bldg., maximum
10.
Parking spaces per unit
Land Use District
RS RP- RC gg
5.0
6.0
50
50
90
45
.55
15
10
15
10/5
10
10
15
28
3.5
4.0
40
45
90*
50
.60
15
10
10
SP
SP
SP
SP
SP
SP
SP
SP
10/3 SP
10 SP
10 SP
15* SP
15 15
28
SP
2 2 1.5 sp
(gar.) (gar.) 1 bdrm
+1 guest unit
*May be modified with Site Plan approval
**Lots fronting on East "J" Street, west of Paseo
Ranchero: 28' direct entry, 23' side entry
garage in RS & RP districts
1Exception for one story structures per
19.26.150 CVMC
2May be increased to 35 feet with Site Plan approval
3As required for uses approved in Precise Plan
t
,
(10/26/90)
VIII-4
9-d~
2.0 sp
2 bdrm
unit
2.5 sp
3+ bdrm
unit
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
15
pp3
.
B. -Min~ua Average- Standards
A "minimum average" standard is provided for lot area and
lot width criteria for single family detached products in
order to provide flexibility in lot design. This standard
is intended to allow for a reduced absolute standard to
accommodate special circumstances while precluding a major-
ity of lots at or near the minimum. The average shall be
calculated using all lots within the designated parcel of
the Site Utilization Plan (R-1, R-2, etc.). Lot width shall
be measured 20 feet back from the street right-of-way.
C. Site Plan Review for RP Land Use District
Notwi thstanding the property development standards listed
above, development within the RP District may be approved
with reduced standards through approval of a Site Plan.
D. Precise Plan Requirement for RSP District
Approval of a Precise Plan is required prior to development
of property within the RSP District. The application and
approval of the Precise Plan shall follow the procedures and
meet the requirements of the Zoning Ordinance (19.14.570 et
seq CYMC) except that detailed architectural information may
be deferred to a subsequent application for Site Plan
approval. The Precise Plan shall establish the amount and
location of each type of residential development which will
comprise the district. The Precise Plan shall also
establish the appropriate set of development standards, RS,
RP or RC, and any exceptions, modifications or additional
standards appropriate to providing and maintaining each type
of housing permitted in the District.
E. Group Parking Standards for RC Land Use District
The parking requirements for the RC District include 0.3
spaces for guest parking. If more than one space per dwell-
ing unit is assigned to the dwelling unit, then the required
guest parking spaces shall be marked and clearly identified
as guest parking. The guest parking spaces shall not be per-
mitted to be assigned to individual dwelling units.
P. Parking St~ndArd8 for Senior Citizens' Rousing
Parking standards may be reduced from those specified for
the RC or RSP District for projects which are restricted to
Senior Citizens (age 55 and above). Such a reduction shall
be at the discretion of the City Council through the CUP
procedure (19.14.080 CYMC).
Special Requireaents
G.
(
Front Yard setbacks shall be measured from the right-of-way
of the fronting street. The front yard setback may be
(08/10/90)
VIII-5
~-J$
.
reduced, subject to site plan approval, within the RP, RC
and RSP districts. If the front yard setback is reduced to
less than fifteen (15) feet, and the dwelling is located on
a street, cul-de-sac or court containing more than twelve
dwelling units, then the garage shall be equipped with an
automatic garage door opener.
H. Floor Area Ratio (FAR) and Additions
Floor area ratios shall be calculated according to Section
19.04.097 CVMC. Floor area shall exclude the area of open
patios (covered but open on three sides) up to 300 square
feet. Room additions may be permitted only when consistent
with all property development standards, including building
height and total floor area ratio (FAR).
I. Recreational Vehicles
The parking or storage of recreational vehicles on streets
or in areas visible from the street for periods greater than
72 hours in residential districts shall be prohibited. En-
forcement shall be through CC&Rs recorded for each parcel.
VIII. 3
PERFORMANCE STANDARDS
In all Residential Districts, the following performance stan-
dards shall be met:
A. Equipment
Air conditioners, antennas, ham radio antennas, solar
panels, heating, cooling, ventilating equipment and all
other mechanical, lighting or electrical devices shall be so
located and operated that they do not disturb the peace,
quiet and comfort of neighboring residents and shall be
screened, shielded and/or sound buffered from surrounding
properties and streets. All equipment shall be installed
and operated in accordance with all other applicable ordin-
ances. Heights of said equipment shall not exceed that per-
mitted by the zoning.
Private, individual satellite dish antennas are prohibited.
Community or association operated antennas may be allowed
subject to a Conditional Use Permit.
B. Landscaping
Required front and exterior side yards shall be landscaped
and consist predominantly of trees, plant materials, ground-
cover and decorative rocks, except for necessary walks,
drives and fences. All required landscaping shall be perma-
nently maintained in a healthy and thriving condition, free
from weeds, trash and debris. Landscaping requirements may
be met either by installation by the builder or developer,
(08/10/90)
VIII-6
~ -;Z~
or for single family development, by requiring through CC&Rs
that individual homeowners install front yard landscaping
within one year of occupancy.
C. Utilities
All utility connections shall be designed to coordinate with
the architectural elements of the site so as not to be expos-
ed except where required by the utility provider. Pad-mount-
ed transformers and/or meter box locations shall be included
in the site plan along with any appropriate screening treat-
ment.
D. Exterior Noise
The acceptable outdoor noise exposure level, for each resi-
dential district, measured at the property line, is provided
in the following table. (See Chapter 19.66 CVMC for defini-
tions and additional details.)
Exterior Noise Limits
Receivinq Land Use District
RE, RS, RC, RSP
1 a.m.-10 ~ 1Q p.m.-7 ~
55 dbA 45 dbA
*Environmental Noise - Leq in any hour
*Nuisance Noise - not exceeded at any time
B. Interior Noise
The maximum permissible dwelling unit interior noise levels
are provided in the table below.
Interior Noise Limits
Time Interval
Anv Time l!!!!!h. in 1 hr. .2. min. in 1 hr.
7 a.m.-10 p.m.
10 p.m.-7 a.m.
55 dbA 50 dbA 45 dbA
45 dbA 40 dbA 35 dbA
F. Energy Conservation
Buildings shall be located on the site to provide adjacent
buildings adequate sunlight for solar access where practic-
able. Buildings should be designed to minimize energy con-
sumption, including, but not necessarily limited to the
following conservation considerations:
--Co-generation
--South-facing windows
--Eave coverage for windows
--Double glazed windows
--Earth berming against exterior walls
--Deciduous shade trees
(08/10/90)
VIII-7
,
is-JS
.
G. Special Standards: RC District
In the RC District, including the conversion of apartments
to condominiums where permitted and development constructed
to RC standards within the RSP District, the following
performance standards shall be met:
(
1 .
VUI.4
2.
Masonry walls or fences six (6) feet in height from the
highest finished grade shall be required where needed
for noise attenuation and/or privacy.
Where a lot fronts on more than one street, it shall be
considered to have multiple frontages and shall be re-
quired to meet special side yard setbacks.
3.
When a RC lot is adjacent to any single family zone, a
minimum of fifteen (15) feet of landscaping shall be
maintained on the RC lot between such uses.
4.
Lockable, enclosed storage shall be provided in the
carport area as required by Section 15.56.020 CVMC;
substitutions may be approved by the Director of
Planning.
Conveniently located common laundry facilities shall be
provided for units which do not have individual hook-
ups.
Conveniently located and well screened trash bins shall
be provided for all dwelling units.
5.
6.
7.
Recreation vehicle (including campers, . boats and trail-
ers) parking shall be provided, fully screened from
view, or the development shall prohibit all parking of
recreational vehicles.
ACCBSSORY STRUCTURES
Accessory buildings and structures, attached or detached, used
either wholly or in part for living purposes, shall meet all of
the requirements for location of the main structure as construct-
ed or required by the District, whichever is less restrictive,
except as provided herein:
A. Enclosed accessory buildings or structure that are attached
to the main building shall not be allowed to encroach into
the required rear yard setback. Open structures may be
allowed to encroach into the rear yard setback subject to
approval by the Director of Planning.
B. A detached accessory structure shall meet the setback re-
quirements of the main building for the front and street
side yard areas.
(08/10/90)
VUI-8
? -;),
..
C. A detached accessory structure may be located within an
interior side yard or rear yard provided that such structure
is located no closer than five (5) feet to an interior side
or rear lot line, is at least six (6) feet from the main
structure, and does not exceed one story in height.
D. Porches, steps, architectural f~atures such as eaves,
awnings, chimneys, balconies, stairways, wing walls or bay
windows may proj ect not more than four (4) feet into any
required front or rear yard area, and not into any required
side yard more than one-half of said required yard.
VIII.S
WALLS AND FENCES
In any required front or side yard adjacent to a street, a wall,
fence or hedge shall not exceed forty-two (42) inches in height
except as provided herein.
A. A wall, fence or hedge not more than six (6) feet in height
may be maintained along the interior side or rear lot lines,
provided that such wall, fence or hedge does not extend into
a required front or side yard adjacent to a street except
for noise attenuation as required by the City and as provid-
ed herein.
B. A wall, fence or hedge adjacent to a driveway or street pro-
viding vehicular access to an abutting lot or street shall
not exceed forty-two (42) inches in height within the front
or side yard setback area of the lot. Corner cut-offs may
be required to maintain a reduced height in special circum-
stances for safety and visibility.
C. Fiberglass sheeting, bamboo sheeting or other similar tem-
porary material shall not be permitted as a fencing material
on street frontages.
VIII.6
SIGHS
No sign or outdoor advertising structure shall be permitted in
any residential district except as provided in Chapter XI.
(08/10/90)
VIII-9
s- -)7
.
(
CBAP'l'ER IX: OPEN SPACE DISTRICTS
IX.O PURPOSE
These zoning districts are intended for open space, landscaping,
recreation and public uses and are not to be confused with open
space maintenance districts. Only those additional uses which
are complementary to, and can exist in harmony with, open space
are permitted. There is no lot size limitation and it is
intended that this district may be applied to a portion of a lot
provided that the remainder of the lot meets the requirements of
the development zone for which it is designated.
In addi tion to the purpose outlined in Chapter VII, the Open
Space Districts are included in the Planned Community District
Regulations to achieve the following objectives:
To preserve open space for the conservation of natural
resources
Maintain the natural character of the land
Provide for public/quasi-public and recreational uses
Conserve areas of historic and community significance for
the enjoyment of future generations
Provide for private use of land under limited development
Promote public health and safety
(
IX.1
PERMIT'l'ED AND CONDITIONAL USES
The following uses shall be permitted where the symbol "p"
appears and shall be permitted subj ect to a Conditional Use
Permit where the symbol "c" appears. Uses where the symbol "A"
appears shall be subject to Administrative Review.
Land Use OS-1 OS-2 OS-3**
Arboreta - (horticultural garden) A P P
Christmas tree sales A A A
Commercial recreation A
Day care facilities* P
Fruit and vegetable stands C A
Incidental concessions A A P
Parks P P P
Parking Areas P P
Places of worship A P
Public and quasi-public uses C P P
Recreational facilities P P P
Tract signs and offices (temp. ) A A A
Tree farming A A A
Utilities (public and private) P P P
Similar uses approved by the
Planning Commission P P P
( *Subject to City Ordinance **See NOTE on following page
(10/26/90) IX-1
~ ~;??
..
NOTE:
Any proposed use which includes non-ambulatory occu-
pancy in OS-3 District (parcel CF-1) shall be subject
to additional geotechnical review to evaluate seismic
saf~ty. The City Engineer shall determine the suitabil-
ity of the site for the proposed use based on the geo-
technical data.
IX.2
PROPERTY DEVELOPMENT STANDARDS
The following regulations shall apply to the site of a Permitted
or Conditional Use. The requirements are minimum, unless
otherwise stated.
Density - Maximum dwelling unit per
legal lot
Lot width (feet)
o
o
o
20
20
Lot depth (feet)
Front yard setback (feet)
Rear yard setback (feet)
Side yard setback,
total/each side (feet)
Building height
20/10
35 feet or two
stories, whichever is
less
Height of poles, clock towers,
or special features
Per Site Plan approval
IX.3 SIGHS
Signs approved as a component of the SPA plan shall be permitted
wi thin open space districts included within the SPA. Other
signs shall be permitted only as provided in Chapter XI of these
regulations.
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(10/26/90)
IX-2
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CHAPTER X: SPECIAL USES AND COIIDITIONS
X.O P~SE
This chapter provides additional regulation for special uses and
condi tions which require special review standards beyond those
of the basic land use districts. Temporary uses, home
occupations, recreational courts, and arcades are addressed in
this chapter. Where this chapter prescribes a regulation which
is more restrictive than that of the land use district in which
a use is allowed, the provisions of this chapter shall apply.
X.l TEMPORARY USES
A. Purpose
The provisions of this section shall be known as the
Temporary Use Regulations and shall provide regulations for
the uses hereinafter enumerated. Temporary uses are subject
to approval by the Director of Planning, except as noted.
B. Temporary Uses Listed
1. Circuses, rodeos. parades or similar outdoor entertain-
ment or enterprises, subject to not more than five (5)
calendar days of operation in any calendar year.
Requests exceeding these time limitations will require
application and approval of a Conditional Use Permit.
2. Christmas tree sales lots, Halloween pumpkin sales and
other holiday sales subject to not more than forty (40)
calendar days of site occupation and operation in any
calendar year.
3. Subdivision sales offices, sales information centers,
sales pavilions, and model home complexes located
within the subdivision, subject to the following
minimum requirements:
b.
Offices shall be no closer than one vacant lot to
an existing dwelling unit which is not part of the
subdivision; trailers may be used for no more than
ninety (90) calendar days or until such time as
the subdivision sales offices have been completed,
whichever is less;
Trailers used as sales offices for lot sales with-
out model homes may be used for a period greater
than ninety (90) days, subject to site plan and
architectural review approval, and the maximum use
period listed below.
X-1
a.
(08/10/90)
CZ?:- 30
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c. An AC paved parking lot shall be provided with
sufficient parking spaces to accommodate said use;
d.- Offices shall be allowed for a maximum of four
years;
e. Faithful performance bonding in an amount appro-
priate to guarantee removal and/or conversion of
the sales office and attendant facilities shall be
required; and
f. Other conditions that the Director of Planning
deems necessary to assure that the sales office
will not constitute a nuisance or be objectionable
to the residential uses in the neighborhood.
4. Outdoor arts and crafts shows and exhibits, subject to
not more than three (3) calendar days of operation or
exhibition in any sixty (60) calendar day period.
5. Con tractors' offices and storage yards on the site of
an active construction project.
6. Mobilehome residences for security purposes on the site
of an active construction project.
7. Temporary use of properly designed mobile trailer units
for classrooms, offices, etc., for periods not to
exceed ninety days subject to Administrative Review.
Requests for such uses in excess of ninety days
duration shall require the approval of a Conditional
Use Permit by the Planning Commission. Such units
shall meet all requirements of building, fire, and
health codes.
8. Charitable II school-sponsored drop-off bins for
recycling of cans, newspapers, or similar items, or for
drop-off of clothes and small items. Bins shall be
located in the parking lots of public or semi-public
property, on a temporary basis, when written permission
is granted by the property owner or operator. Such
bins shall be kept in a neat and orderly manner.
Collection of bottles, cans, and newspapers shall also
be regulated by the City' s "Bottle Ordinance" (Section
19.58.345 CVMC).
9. Additional uses determined to be similar to the fore-
going in the manner prescribed in Chapter XIII.1 of
these regulations.
(08/10/90)
X-2
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C. peraits and Bonds
All temporary uses shall be subject to the issuance of a
Temporary Use Permit by the Director of Planning, and other
required permits and licenses, including but not limited to
building permits, sign permits, and solicitor's or vending
licenses. In the issuance of such ~ permit, the Director of
Planning shall indicate the permitted hours of operation and
any other conditions, such as walls or fences and lighting,
which are deemed necessary to reduce possible detrimental
effects to surrounding development and to protect the safety
and welfare of the public. Prior to the issuance of a
permit for a temporary use, except those listed under 3, 6,
8, and 9 above, a cash deposit may be required of the
applicant/user. This cash deposit shall be used to defray
the costs of cleanup of the property by the City, should the
permittee fail to do so.
D. Extension or Modification of Laits
Upon written application, the Director of planning may
extend the time within which a temporary use may be
operated, or may modify the limitations under which such
uses may be conducted, if it is determined that such an
extension or modification is in accord with the purposes of
the zoning regulations.
B. COndition of Site pollowing Temporary Usage
Each site occupied any a temporary use shall be left free of
debris, litter, or any other evidence of the temporary use,
upon completion or removal of the use. The site shall
thereafter be used only in accordance with the provisions of
these zoning regulations.
P. Pee
The application for a temporary use shall be accompanied by
the fee established in the Master Fee Schedule to cover the
cost of processing the application prescribed in this
chapter. This fee may be waived by the approving authority
for charitable groups whose use do not require public
services.
X.2 IIQIIB ~~ATIOHS
A. General Provisions
Home occupations may be permitted only when in compliance
with the conditions listed herein. A permit must be issued
by the Director of planning prior to the operation of such a
use. A fee shall be paid in accordance with the Master Fee
Schedule.
(08/10/90)
X-3
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1. There shall be no stock in trade or exterior storage of
materials in the conduct of a home occupation.
(
2.
A - home occupation shall be conducted entirely within
the dwelling; if in an attached or detached garage, it
shall not impede the use of said garage for vehicle
storage.
3. Electrical or mechanical equipment which creates
visible or audible interference in radio or television
receivers, or causes fluctuations in line voltage
outside the dwelling unit, shall be prohibited.
4. No one other than the residents of the dwelling may be
engaged in the conduct of the home occupation.
5. There shall be no sale of goods on the premises.
6. The establishment and conduct of a home occupation
shall not change the principal character or use of the
dwelling unit involved.
7. There shall be no signs other than those permitted by
the comprehensive sign regulations herein.
8. The required residential off-street parking shall be
maintained.
9. A home occupation shall not create vehicular or
pedestrian traffic in excess of that which is normal
for the land use district in which it is located.
10. No vehicles or trailers (including pickup trucks and
vans) or construction or other equipment, except that
normally incidental to residential use, shall be kept
on the site.
X.3 RECREATIONAL COORTS
Construction of recreational courts, including necessary fencing
and lighting, may be permitted subject to Administrative Review
and a finding that adjacent properties will not be unduly
affected.
Recreation courts shall meet the following minimum standards:
A. Pences
A maximum 20-foot high fence (measured from the finished
grade of the court) shall be allowed. Fences shall include
a screening material which screens court activity from
off-site view and which improves the appearance of the
fence.
(08/10/90)
X-4
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B.
Setbacks
(
Setbacks for the court shall be:
Side yard: 10 feet
Rear yard: 10 feet
c. Lighting
A maximum of eight (8) lights are permitted, with height not
to exceed 22 feet. All lights and lighting fixtures shall
be certified by a qualified lighting engineer to:
1. Be designed, constructed, mounted, and maintained such
that the light source is cut off when viewed from any
point five (5) feet above grade at the lot line.
2. Be designed, constructed, mounted, and maintained such
that the maximum intensity of illumination, measured at
the wall of any residential building on adjoining
property does not exceed one-half foot candle more than
ambient conditions.
3. Be used between 7:00 a.m. and 10:00 p.m. only.
D. Glare
The surface area of any recreational court shall be
designed, painted, colored, and/or textured to reduce the
reflection from any light incident thereon.
B. Landscaping
Landscaping shall be installed as required between the court
fence and property line.
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(08/10/90)
X-5
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{
CBAP'rBR XI: COMPREHENSIVE SIGN REGULATIONS
XI.O
PURPOSE
The provisions of this chapter shall be known as the Comprehen-
sive Sign Regulations. It is the purpose of these regulations
to establish a comprehensive system for the control of on- and
off-site signs.
The City of Chula Vista recognizes the need for signs as a means
to identify businesses and activities within the community.
However, the City also recogni zes that signing is an important
design element of the physical environment. Regulations
consistent with the goals and objectives of the community are
necessary to ensure that the desired character and image the
community is maintained.
It is the purpose of this chapter to make Rancho del Rey SPA III
attractive to residents and visitors by maintaining an attrac-
tive signing program. Specifically, the purposes of this
chapter are to:
Protect the general public health, safety and welfare of the
community;
Reduce possible traffic and safety hazards through good
signing;
Direct persons to various activities and uses in order to
provide for maximum public convenience;
Provide a reasonable system of sign regulations to ensure
the development of a high quality visual environment;
Encourage a desirable urban character which has a minimum of
clutter; and,
Encourage signs which are well-located and take into account
the usage of adjacent areas.
XI.1 PBRMIT JUsuu.ucBllus1<lTS ARD RBVIBW PROCBOORES
No person except a public officer or employee in the performance
of a public duty shall post, paint, erect, place, or otherwise
fasten any sign, pennant or notice of any kind, visible from a
publiC street, except as provided herein. To ensure compliance
with this section, a sign permit shall be required for any sign,
pursuant to Section 19.60.030 of the Municipal Code, except as
provided below.
(08/10/90)
XI-1
9~35
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A. Sign perm! t Exemptions
The following signs shall be exempt from the sign permit
requirements; however, an electrical and/or building permit
may be required. Any signage in excess of the specific
exemptions listed below is prohibited.
1. Real estate siqns for residential sales: One (1) sign
per street frontage not exceeding four (4) square feet
in area and five (5) feet in height, provided it is
unli t and removed within fifteen (15) days after the
close of escrow or the rental or lease has been accom-
plished. Signs placed on the rear street frontage are
prohibi ted. Open House signs not exceeding four (4)
square feet in area and five (5) feet in height are
permitted for directing prospective buyers to property
offered for sale.
2. Political siqns: Political signs having to do with any
issue, ballot measure, political statement, expression,
or candidate in any Municipal, County, State or Federal
election shall be permitted subject to the following
provisions and any other applicable provisions within
this chapter:
a. Any person, party or group posting signs in the
City shall abide by the provisions set forth
herein.
b. All political signs shall be placed, erected,
constructed, painted or assembled no earlier than
thirty (30) calendar days prior to the election
and shall be removed no later than ten (10) calen-
dar days following the date of the election.
c. A pol! tical sign shall not exceed thirty-two (32)
square feet in total area for one side; double-
faced signs shall not exceed thirty-two (32)
square feet per side. No signs shall be placed in
a manner which would obstruct visibility or impede
pedestrian or vehicular traffic, or endanger the
health, safety or welfare of the community.
d. All political signs shall not exceed an overall
height of eight (8) feet from the finished grade
immediately around the sign.
e. No political sign shall be lighted either directly
or indirectly unless said sign is erected, painted
or constructed on an authorized structure already
.providing illumination.
No political sign shall be placed or affixed to a
traffic signal, street light, tree, fence, utility
pole or existing sign, nor on any public property
f.
(08/10/90)
XI-2
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or in the public right-of-way if, in the opinion
of the Director of Planning, any of the following
conditions exist: the sign impedes or renders
public access to any public improvement dangerous,
including, but not limited to utility poles and
fire hydrantsl obstructs the visibility of any
sign designed to regulate, control or assist
public or private transportation 1 or obstructs the
vision of any user of a public right-of-way.
No political sign shall be posted in violation of
the provisions of this chapter. Further, the
Director of Planning or his designee shall have
the right to remove all signs placed contrary to
the provisions of this section. Any political
sign placed on private property without the
consent of said private property owner may be
removed by said owner or his representative.
3. Contractor or Construction Siqns: For residential
projects greater than four (4) dwelling units, two (2)
directory signs shall be permitted on the construction
site for all contractors (may include financial institu-
tions, real estate agents, subcontractors, etc.), not
exceeding thirty-two (32) square feet each, unless
legally required by government contracts to be larger.
No sign shall exceed eight (8) feet in overall height
and shall be located no closer than ten (10) feet to
any property line. Such signs shall be removed upon
the granting of occupancy by the City. For all other
projects, a total of two (2) signs per development site
may be installed with a maximum of four (4) square feet
in area and five (5) feet in height for each sign.
Such sign(s) shall be removed upon finalization of
building permits.
g.
4. Future Tenant Identification Siqn: Future tenant
identification signs may be placed on vacant or develop-
ing property to advertise the future use of an approved
proj ect and where information regarding the property
may be obtained. Such signs shall be limited to one
(1) per fronting street, a maximum of ninety-six (96)
square feet in area and twelve (12) feet in overall
height each. Further, such signs shall be placed no
closer than ten (10) feet to any property line. Any
such sign shall be removed upon finalization of build-
ing permits. Where a proj ect has in excess of 600
lineal feet of frontage, one additional sign for each
600 lineal feet is permitted.
5. Interior siqns within a structure or building when not
visible or readable, nor intended to be read from
off-site or from outside of the structure or building.
(08/10/90)
XI-3
CZ? - 37
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6.
Memorial tablets. plaques ~ directional siqns for
community historical resources, installed by a
Ci ty-recognized historical society or civic organiza-
tion.
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7. Convenience siqns and secondary directional siqns not
exceeding four (4) square feet in area.
8. Residential buildinq identification siqns used to
identify individual residences and not exceeding four
(4) square feet in area.
9. One ~ plate per parcel not exceeding four (4) square
feet in area for single family residential uses and
agricultural uses.
10. Official and leqal notices issued by any court, public
body, person or officer or in furtherance of any non-
judicial process permitted by state or local law.
11. Siqns providinq direction or warninq, and information-
al signs or structures required or authorized by law or
by Federal, state, County or City authority.
12. ! sinqle official flaq of the United States of America
and/or two (2) flags of either the State of California,
or other state of the United States, counties, munici-
palities or official flags for nations, and flags of
internationally or nationally recognized organizations
or the company flag. Flags shall be a maximum of five
(5) feet by eight (8) feet unless otherwise specifical-
ly approved on a Site Plan.
13. Siqns of public utility companies, indicating danger or
which serve to aid public safety, or which show loca-
tions of underground facilities or public telephones.
14. Safety siqns on construction sites.
15. "No Trespassinq", "No Parking," and similar warning
signs not exceeding four (4) square feet.
16. Siqns ~ public transpOrtation vehicles regulated by a
political subdivision, including but not limited to,
buses and taxicabs.
17. Siqns ~ licensed commercial vehicles provided such
vehicles are not used or intended for use as portable
signs or as may be prohibited in Chapter XI.1.B.
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(08/10/90)
XI-4
"6~3<6
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B. Prohibited Siqns
All signs not expressly permitted are prohibited in all
zones, including but not limited to, the following:
1. Roof signs.
2. Flashing signs.
3. Animated signs.
4. Revolving or rotating signs.
5. Vehicle signs (when parked or stored on property to
identify a business or advertise a product).
6. Portable signs (except where permitted in this
chapter).
7. Off-site. signs (except temporary subdivision signs).
8. Signs within the public right-of-way (except those
required by a governmental agency). No sign shall be
so placed, erected or constructed on a utility pole,
traffic device, traffic sign, warning sign, or so as to
impede access to any public improvement, or to obstruct
the visibility of any such signs except as may be
permitted in Section XI.1.A.4 of this chapter.
9. Signs located on public property except as may be
permitted by Section XI.1.A.4 of this chapter or those
required by a governmental agency.
10. Signs within the public right-of-way prohibited by the
Streets and Highways Code (Sec. 101 et. seq. and Sec.
1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.)
and the Public utilities Code (Sec. 7538 et. seq.).
11. Signs blocking doors or fire escapes.
12. Outside light bulb strings and exposed neon tubing
outside of buildings (except for temporary uses such as
Christmas tree lots, carnivals and other similar events
with prior approval of the City).
13. Banners, flags, pennants and balloons (except for
special events as provided for in Section XI.2.A.3 of
this chapter).
14. Inflatable advertising devices of a temporary nature
including hot air balloons (except for special events
as provided in this chapter).
15. Advertising structures (except as otherwise permitted
in this chapter).
(08/10/90)
XI-5
'6-37
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16. The use of decals, stick-on or transfer letters, or
tape on the walls or parapets of buildings, fences,
walls or other structures.
17. Readerboard/changeable copy signs, either electric or
nonelectric, except as permitted in this chapter.
18. Signs which purport to be or are an imitation of or
resemble official traffic warning devices or signs
tha t, by color, location or lighting, may confuse or
disorient vehicular or pedestrian traffic. This does
not include traffic or directional signs installed on
private property to control on-site traffic.
C. Signs Relating to Inoperative Activities
Signs pertaining to activities or businesses which are no
longer in operation, except for temporary closures for
repairs, alterations or similar situations, shall be removed
from the premises or the sign copy shall be removed within
thirty (30) days after the premises has been vacated. Any
such sign not removed within the specified time shall
constitute a nuisance and shall be subject to removal under
the provisions of this chapter and local ordinances.
D. Enforcement, Legal Procedures and Penalties
Enforcement, legal procedures and penalties shall be in
accordance with the enforcement procedures established by
the Municipal Code. Unauthorized illegal signs may be
abated by the city in accordance with local ordinance. If
said sign is stored by the City, the owner may recover said
sign upon payment to the City of any storage and/or removal
charges incurred by the City. The minimum charge shall be
no less than three dollars ($3.00) per sign. All signs
removed by the City may be destroyed thirty (30) calendar
days following removal. If any sign, in the opinion of the
Director of Planning, is an immediate threat to the public
health and safety, said sign shall be immediately and
summarily removed with the cost of said removal charged to
the property owner in accordance with local ordinances.
B. COnstruction and Maintenance
1. Construction: Every sign and all parts, portions and
materials shall be manufactured, assembled and erected
in compliance with all applicable State, Federal and
City regulations and the Uniform Building Code.
2. Maintenance: Every sign and all parts, portions and
materials shall be maintained and kept in proper
repair. The display surface of all signs shall be kept
clean, neatly painted and free from rust and
corrosion. Any cracked or broken surfaces, or
malfunctioning or damaged portions of a sign shall be
(08/10/90)
XI-6
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repaired or replaced within thirty (30) calendar days
following notification of the business by the City.
Noncompliance with such a request will constitute a
nuisance and will be abated. Any maintenance, except a
change of copy, which does not involve structural
changes, is permitted.
XI.2
SIGN REGULATIONS
Sign permits may be issued for signs included under this section
provided the signs are in compliance with all other applicable
laws and ordinances.
A. Signs Permitted in Any Land Use District
The following signs may be permitted in any land use
district. These signs are in addition to those signs
expressly permitted in each land use district and are
subject to the provisions listed below:
1. Convenience Sicms: On-site signs no greater than six
(6) square feet necessary for public convenience or
safety may be approved by the Director of Planning or
his designee. Signs containing information such as
"entrance", or "exit", or directional arrows shall be
designed to be viewed from on-site or from an area
adjacent to the site by pedestrians or motorists.
Signs that convey advertising or products shall not be
considered convenience signs.
2. Special Event Siqns: Special event signs may be
approved for a limited period of time as a means of
publicizing special events such as Christmas tree lots,
parades, rodeos and fairs that are to take place within
Rancho del Rey SPA III.
a. Community Special Events such as a rodeo or
communi ty fair may be permitted the following
signage:
(1) No more than four (4) off-site signs up to
thirty-two (32) square feet and eight (8)
feet in height to publicize the event.
(2) Temporary advertising signs consistent with
the requirements set forth in Chapter
XI.1.A.2.
3. On-Site Subdivision Siqns:
a.
One (1) temporary, on-site subdivision sign not to
exceed 64 square feet total area for two (2) sides
or 32 square feet for one (1) side and total over-
all height of twelve (12) feet may be permitted on
(08/10/90)
XI-7
'=6- Cfl
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b.
c.
d.
each Circulation Element street frontage of the
property being subdivided, not to exceed two (2)
such signs for all phases of any subdivision;
otherwise, a maximum of one (1) sign is permitted.
Such sign shall be for the identification of a
subdivision, price inform~tion and the developer's
name, address and telephone number.
Such signs shall be removed within ten (10)
calendar days from the date of the final sale of
the land and/or residences or within twenty-four
(24) months, whichever comes first. Extensions of
twelve (12) months may be approved by the Director
of Planning.
Signs shall be maintained in good repair at all
times.
A cash deposit of three hundred dollars ($300.00)
per sign shall be deposited with the sign applica-
tion to ensure compliance with this chapter and
removal of such sign. Said deposit shall be
refunded to the applicant upon sign removal by the
applicant. If the City is forced to remove any
signs, the cost of removal shall be deducted from
the deposit.
4. Off-Site Subdivision Directional Siqn:
e.
a.
b.
(OS/10/90)
A maximum of four (4) signs may be used to lead
customers to the site.
c.
Signs shall be made of panels which shall be no
longer than seventy-two (72) inches by twelve (12)
inches each and shall be grouped on a single,
double or four-sided sign kiosk. Such structure
shall contain no more than seven (7) panels per
side nor exceed seven (7) feet in height.
A sign kiosk shall be located not less than three
hundred (300) feet from an existing approved sign
si te. Further, each sign may only contain the
name of the planned community, subdivision,
developer or development logo and a directional
arrow.
d.
The placement of each sign structure and its copy
shall be reviewed and approved by the Director of
Planning prior to installation.
All kiosks that are to be placed on private
property shall be with prior written consent of
the property owner to allow the City, in the event
of noncompliance, to enter said property and
e.
XI-S
~ -4:<'
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f.
g.
h.
remove the sign. A copy of said consent shall be
filed with the Department of Planning prior to
acceptance of a sign permit application.
A kiosk location plan shall be prepared showing
the site of each kiosk and shall be submitted to
and approved by the Director of Planning prior to
the acceptance of a sign permit application.
Any sign approved for a particular subdivision
within Rancho del Rey SPA III shall not be changed
to another subdivision without prior approval of
the Director of Planning.
i.
There shall be no additions, tag signs, streamers,
devices, display boards, or appurtenances added to
the sign as originally approved. Further, no
other directional signing may be used as posters,
portable signs, vehicle signs, trailer signs or
temporary subdivision (bootleg) signs.
All off-site subdivision signs not conforming to
this ordinance shall be deemed a public nuisance
and removed.
A three hundred dollar ($300.00) cash deposit
shall be placed with the City to ensure compliance
wi th thi s chapter. Any sign placed contrary to
the provisions of this chapter maybe removed by
the City and the cost of removal shall be deducted
from said deposit. Additional costs incurred by
the City resulting from the removal of illegal
signs shall be charged to the developer.
Said sign shall be allowed until the units within
the subdivision are sold out, or for a period of
twenty-four (24) months, whichever occurs first.
Extensions of twelve (12) months may be approved
by the Director of Planning.
B. Signs Peraitted in Residential Districts
j.
k.
1. Institutional Siqns: For private schools, churches,
day care centers and other similar uses.
a. Type: May be freestanding, wall or building
mounted.
(08/10/90)
b.
Number: One (1) per street frontage with a
maximum total of two (2).
Maximum Sign Area: Wall or building mounted sign,
20 square feetl freestanding sign, 24 square feet
for identification, 36 square feet with changeable
copy.
c.
XI-9
~-Y3
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d. Maximum Height: Wall or building mounted signs
shall not extend beyond the building roofline;
freestanding signs shall not exceed six (6) feet
from finished grade.
e. Other Standards: Wall or building mounted signs
can include the name and address of the
insti tution only. Freestanding signs may also
incorporate electric or nonelectric changeable
copy for events and announcements.
2. Neiqhborhood Identification: For neighborhood and
project entrances and amenities (e.g., neighborhood
park), the following apply:
a. Type: May be freestanding, wall or building
mounted.
b. Maximum Number: One (1) per neighborhood/project
entrance or amenity with a maximum of two (2).
c. Maximum Sign Area: 36 square feet.
Maximum Height:
mounted signs;
signs.
e. Other Standards: Copy shall be limited to name
and address of development or facility.
d.
Six (6) feet for wall or building
four (4) feet for freestanding
XI.3
DESIGN STANDARDS
Each sign shall be designed with the intent and purpose of
complementing the architectural style of the main building or
buildings, or type of business on the site. To the extent
possible, signs located on commercial sites, but in a pre-
dominantly residential area, shall take compatibility with the
residential area into consideration.
A. Relationship to Buildings
Signs located upon a lot with only one main building housing
the use which the sign identifies, shall be designed to be
compatible with the predominant visual elements of the
building, such as construction materials, color or other
design materials.
The Director of Planning may condition approval of any sign
to require such visual elements to be incorporated into the
design of the sign where such element(s) is necessary to
achieve a significant visual relationship between the sign
and building or buildings.
(08/10/90)
XI-10
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B.
Relationship to Other Signs
(
Where there is more than one (1) freestanding sign located
upon a lot, all such signs shall have designs which are
complementary to each other by either similar treatment or
incorporation of one (1) or more of the following five (5)
design elements:
1. Type of construction materials (such as cabinet, sign
copy, supports).
2. Letter style of sign copy.
3. Type or method used for supports, uprights or structure
on which sign is supported.
4. Sign cabinet or other configuration of sign area.
5. Shape of entire sign and its several components.
c. Landscaping
Each freestanding sign shall be located in a landscaped area
which is of a shape, design and size (equal to at least the
maximum allowable sign area) that will provide a compatible
setting and ground definition to the sign. The landscaped
area shall be maintained in a neat, healthy and thriving
condition.
D. Illumination and Motion
Signs shall be stationary structures (in all components) and
illumination, if any, shall be maintained by artificial
light which is stationary and constant in intensity and
color at all times (non-flashing).
B. Sign Copy
The name of the business, use, service and/or identifying
logo shall be the dominant message on the sign. Inclusion
of advertising information is prohibited.
P. Relationship to Streets
Signs shall be designed so as not to obstruct any
pedestrian, bicyclist, or driver's view of the street
right-of-way.
{
(08/10/90)
XI-l1
~ -If 5
.
(
CIIAPTBR XII: PARKING
XII.O
PURPOSE
All regulations set forth in this section are for the purpose of
providing convenient off-street parking space for vehicles. The
parking requirements of this section are to be considered as the
minimum necessary for such uses permitted by the respective
zone.
The intent of these regulations is to provide properly designed
parking areas with sufficient capacity and adequate circulation
to minimize traffic congestion and promote public safety. It
shall be the responsibility of the developer, owner, or operator
of the specific use to provide and maintain adequate off-street
parking.
XII.1
ljJSl'lJSKAL PROVISIONS
A. Off-street parking facilities for both motor vehicles and
bicycles, shall be provided for any new building
constructed, for any new use established, for any addition
or enlargement of an existing building or use, and for any
change in the occupancy of an existing building.
B. For additions or enlargement of an existing building or use,
or a change of occupancy or manner of operation that would
increase the number of parking spaces required, the
additional parking spaces shall be required only for the
addi tion, enlargement or change, and not for the entire
building or use, unless required as a condition of approval
of a Conditional Use permit.
C. The required parking facilities for any development shall be
located on the same site or, if an irrevocable access and/or
parking easement is obtained, the parking may be on an
adjacent site. Property within the ultimate right-of-way of
a street or highway shall not be used to provide required
parking, loading, or unloading facilities.
D. The requirements of this ordinance shall apply to temporary
as well as permanent uses.
E. All required off-street parking spaces shall be designed,
located, constructed and maintained so as to be fully usable
during workday periods or as needed by the use of the
premises.
F. Where the application of these schedules results in a
fractional parking space, then the fraction shall be rounded
to the next higher whole number.
(08/10/90)
XII-1
3-~~
.
G. The parking requirement for uses not specifically listed in
the matrix shall be determined by the approval body for the
proposed use on the basis of requirements for similar uses,
and on- any traffic engineering and planning data that is
appropriate to the establishment of a minimum requirement.
f
H. In situations where a combination of uses are developed on a
site, parking shall be provided for each of the uses
according to the schedule given in this section.
I. A maximum of 25 percent (1/4) of the parking spaces required
on any site may be provided as "compact" spaces for non-
residential uses, subject to approval of the Design Review
Committee.
J. Parking provided in garages or carports shall be included in
on-site parking calculations for conformance with City
policy/standards.
XU.2 SCBEDOLE OF OFF-STREET PARXING RBQIJIRBMENTS
USE MINIMUM OFF-STREET PARKING REQUIRED
A. Public and Seat-Public
Uses
1 .
2.
(08/10/90)
Day nurseries,
day care schools
Convalescent and/
or nursing homes
3.
Churches, convents,
monasteries, other
religions instit-
utions, and other
spaces of public
assembly
Public Utilities
4.
6.
Parks (public
or private)
1 space/staff member plus 1/space/
5 children or 1 space/10 children
if adequate drop-off facilities
are provided. Drop-off facilities
must be designed to accommodate a
continuous flow of passenger vehic-
les safely loading and unloading
children. The adequacy of
drop-off facilities shall be
determined by the Director of
Planning.
1 space/3 beds.
1 space/3.5 seats within the main
auditorium or 1 space/45 square
feet of gross floor area within
the main auditorium where there
are no fixed seats.
To be determined by the Director
of Planning.
To be determined by the Director
of Planning
XU-2
<;?- - 47
.
SCBBOOLB OF OFF-S'l'REET PAlUtING RBQOIRBMEN'l'S (Continued)
USE
B. Single Family Residen-
tial and Multiple
Family Residential
MINIMUM OFF-STREET PARKING REQUIRED
1 . RS, RP Districts 2 garage spaces per unit
+1 guest space
*
2. RC District 1.5 spaces per 1 bdrm unit
2.0 *
Spaces per 2 bdrm unit
*
2.5 spaces per 3+ bdrm unit
3. RSP District As required for uses approved in
Precise Plan
*
May be combination of on- and off-street parking on
private streets only.
C. Handicapped Parking Requir_ents
Handicapped parking requirements are established by the
State of California. The parking standards contained in
this section are identical to those established by the
State. Any future change in the State handicapped parking
standards shall preempt the requirements of this section.
1. Handicapped parking for residential uses shall be
provided at the rate of one space for each dwelling
unit that is designed for occupancy by the handicapped.
2. Handicapped parking spaces shall be provided for all
uses other than residential at the following rate:
~ MINIMUM OFF-STREET PARKING REQUIRED
Number of Automobile
Spaces Provided
Number of Handicapped
Spaces Required
1 - 40
41 - 80
81 - 120
121 - 160
161 - 300
301 - 400
401 - 500
Over 500
1
2
3
4
5
6
7
7 + 1 for each 200
additional automobile
spaces provided
(08/10/90)
XII-3
?J -l{?
SCBBDULB OF OFF-STREET PARltING RBQOIRBIIEN'l'S ( Continued)
Handicapped parking spaces required by this section
shall count toward fulfilling standard automobile
parking requirements.
D. Bicycle Parking Requirements
3.
The matrix below contains minimum bicycle parking
requirements. Only those uses identified in the matrix are
required to install bicycle parking. Bicycle parking
facilities shall be stationary storage racks or devices
designed to secure the frame and wheel of the bicycle.
USE
1.
MINIMUM BICYCLING PARKING REQUIRED
Public and Semi-
Public uses
4 spaces
XII.3
PROPERTY DBVELOPMBN'l' STANDARDS
The following property development standards shall apply to all
parking areas required by the Planned Community District
Regulations.
A. General Requirements
The following are minimums unless otherwise stated:
1. Residential - Automobile Parking
a.
Covered (garage or carport)
10' X 20' each space
9' x 18.5 each space
b.
Uncovered
c. On-street:
-Space adjacent to driveway or
street corner
-Other spaces
18.5 ft curb length
23.0 ft curb length
2. All others shall use Parking Table, on the following
page.
3. Bicycle parking space: 2' x 6'
4. Automobile, handicapped and bicycle: All parking
stalls and maneuvering areas shall be paved and
permanently maintained with asphalt, concrete or any
other all weather surfacing approved by the Director of
Planning and subject to current City standards.
(
(08/10/90)
XII-4
<;5 -if?
PARlZ.' TAILE
A B C D E F G A B C 0 E F G
8'0" 8.0 12.0 23.0 28.3 --
8'6" 8.5 12.0 23.0 29.0 -- S". 20.7 18.5 9.8 59.9 55.6
0" g'O. 9.0 12.0 23.0 30.0 -- 60" "0. 11.0 18.0 10.' 60.0 55.5
9'6" 9.5 12.0 23.0 31.0 -- ",. !!.! !!.2 ~!'2 I !~.: ~::~
10'0" 10.0 12.0 23.0 32.0 -- 10'0.
8'0" 1'.0 12.0 23.' '0.0 31.5
.". 16.5 12.0 2'.9 '1.0 32.0 9'0" 21.0 19.0 9.6 61 0 57.9
20" 9'0" 15.0 12.0 26.3 _2.0 32.5 70" ,.,. 21.2 18.5 10.1 60.9 57.7
9'6" 15.5 12.0 27.8 63.0 33.1 10'0. 21.2 18.0 10.6 60.' 57.0
10'0" 15.9 12.0 292 0.1 33.'
S'O. 165 12.0 16.0 '5.0 37.1
S". 169 12.0 17.0 '5.8 37.' "0. ZO.3 2'.0 9.1 ".3 62.7
JO" "0. 173 12.0 18.0 66.6 37.8 110" ,.,. ZO.' 2'.0 '.6 .... 62.7
"'- 17.8 12.0 ::.~ 67.6 38.' 10'0- za.5 26.0 10.2 65.0 63.3
10'0" 18 2 12.0 .0 '8.' 38.7
I". 19.' 13.5 12.0 52.3 66.5 9'0" 1'.0 2'.0 '.0 62.0 --
'5" 9'0" 1'.8 13.0 12.7 52.5 66,S 90" ,.,. 19.0 26.0 '.5 62.0 --
,.,. ~.~ lH 11N I~?'? 66.~ 10'0. 19.0 26.0 10,0 62,0 --
1';<;;-
-Hin. St,11 Widths
Std. ~
~ . 0-.40-
8"- 7". . _.-.60-
"0. 7". - 61..to-
"..nll ,NIS ,re. required for parti,. one car It
dtfflf"lftt angll1:
O. . 310 S4l.ft. JO-. 310 SCI.ft. 60-. ZIO l4I.ft.
10. . 350 ",.ft. 40-.210 '41.ft. eo-. 275 SCI.ft.
20- . .00 sq. ft. SO.. 270 sq.ft. to.. 275 sq.ft.
A PAIIlIIIG NOGlE
B STAll WIOTH
C STAi,L TO CIIU
0 AiSlE WI01M
E CURe LEIIG1M PO c.u
F OJRe TO OJ"
G 5TAi,L CEIITEI
~E-l
-Note: 'I c:c..lCt space "'. I 15< . sundlrd.
b Add l' in wtdtft for .11 stills
ldJ.cent to .n, st",ctures.
(08/10/90)
XII-5
CZ? --50
~
5. Striping and identification
(
Automobile: All parking stalls shall be clearly
outlined with painted lines on the surface of the
parking facility.
b. Handicapped: All handicapped spaces shall be
striped and marked according to applicable State
standards.
a.
c. Bicycle: All bicycle spaces shall be clearly
identified.
B. Special Requirements
1. Any unused space resulting from the design of the
parking area shall be used for landscaping purposes.
2. All landscaped islands in parking lots shall have a
minimum inside dimension of four (4) feet and shall
contain a twelve (12) inch wide walk adjacent to any
parking stall and be separated from vehicular areas by
six (6) inch high and six (6) inch wide concrete
curbing.
3. All landscaped areas shall be irrigated automatically
and kept in a healthy and thriving condition free from
weeds, debris and trash.
4. All parking facilities shall have lighting in accord-
ance with current City standards. Lighting shall be
designed and installed so as to confine direct illumina-
tion to the site. Parking lot lights shall have a
maximum height of eighteen (18) feet from the finished
grade of the parking surface and shall be directed away
from property lines.
5. All parking facilities shall be graded and drained so
as to provide for the disposal of all surface water
which may accumulate on the site.
6. In residential districts, the parking of motorized and
non-motorized vehicles shall be subject to the
following requirements:
b.
No motorized or non-motorized vehicle shall be
parked, stored or kept in the front yard except on
land adjacent to the driveway or in the driveway.
If motorized or non-motorized vehicles are to be
parked, stored or kept on the lot other than as
permitted above, they must be for the personal use
of the resident.
a.
(08/10/90)
XII-6
9' ~5!
XII. 4
PERFORMANCE STANDARDS
(
A. Maintenance
All parking facilities required by this ordinance shall be
maintained in good operating condition for the duration of
the use requiring such facilities.. Such facilities shall be
used exclusively for the parking of vehicles. The parking
facilities shall not be used for the storage of merchandise,
or for the storage or repair of vehicles or equipment.
Parking facilities shall not be used for the sale of
merchandise except on a temporary basis pursuant to Section
X.1 (Temporary Uses).
All garages and carports utilized to meet the parking
standards for residential districts shall be maintained to
provide accessibility for parking purposes.
B. Special Requirements
Handicapped, bi cyc le and carpool parking areas, when
required, shall be located within close proximity to the
entrance to the facility.
(08/10/90)
XII-7
~ ~5:<,
,
(
CHAPTER XUI: ADMINISTRATION
'-
XIU.O
PURPOSE
The Land Use District Map and these Planned Community District
Regulations shall be administered as provided for herein.
XIII.1
STANDARD PROCEDORES
A. General
The Administrative Procedures, Conditional Uses, and
Variances, Chapter 19.14 of the Chula Vista Municipal Code,
shall be utilized as applicable to the administration of the
Rancho del Rey SPA III.
B. Sectional Planning Areas (SPA)
The administration of the SPA Plan shall be as provided for
in Section 19.48.090 through Section 19.48.130, inclusive,
of the Chula Vista Municipal Code, except that the Director
of Planning may accept less detail or require additional
detail to suit the scope of the SPA.
XIII. 2
ADMINISTRATIVE REVIEW
A. Purpose
Certain uses may vary greatly in their effect depending on
the scope, location or exact circumstances. In order to
avoid the permitting of these uses without any formal
review, and to relieve the Planning Commission and City
Council of formally reviewing uses which have insignificant
or compatible effects, an Administrative Review procedure is
established.
B. Application
Administrative Review is applicable to uses identified on
the Permitted Uses matrix herein by the symbol "A".
Procedures
c.
(
The procedures shall be as specified in Section 19.14.030,
Zoning Administration - Actions Authorized without Public
Hearing, in the Chula Vista Municipal Code, except that in
addi tion, the Zoning Administrator (Director of Planning)
may determine after reviewing the scope, location or exact
circumstances of the proposed use, that the formal hearing
process of the Conditional Use Permit procedure is
warranted.
(08/10/90)
XIII-1
~-53
,i ~ .
.
If the Zoning Administrator makes this determination, then
the applicant shall be required to comply with the
Condi tional Use Permit procedures as specified in Sections
19.14.0-60 through 19.14.110 inclusive, of the Chula Vista
Municipal Code.
XIII.3
SITE PLAN AND ARCHITECTURAL APPROVAL
A. Purpose
The purpose of site plan and architectural approval is to
review proposed proj ects to determine compliance with the
provisions of these regulations and to promote orderly and
harmonious development with good design character.
B. Application
This approval process is applicable to projects within all
districts except the RS district, where the Tentative Tract
Map approval process may be used. Single family detached
uni ts on lots exceeding 5,000 square feet may use the
Tentative Tract Map to satisfy the Site Plan Review
requirement. Commercial and industrial projects shall be
reviewed by the Design Review Committee as specified in
Section 19.14.579 of the Chula Vista Municipal Code
C. Procedures
The procedures shall be as specified in Section 19.14.420
through Section 19.14.480 inclusive, of the Chula Vista
Municipal Code.
XIII."
O'rl1lS1( PROVISIONS
In the event that these regulations do not address any partic-
ular matter relevant to the proper development and use of proper-
ty within Rancho del Rey SPA III, the provisions of Title 19 of
the Chula Vista Municipal Code shall apply.
(08/10/901
XIII-2
9:~r;1
\ :-./"-t'o,?,'.
",Q:t9,V'_ ~.6
Interoffice Memorandum
Date: February 1, 1991
From: Bruce M. Boogaard, City Attorney
To: Ken Lee, Bob Leiter
Re: Rancho Del Rey, SPA III
20. Prior to the deeming that the application for a tentative map
is complete, the following conditions regarding water mitigation
will have occured:
(1) the applicant will prepare and submit to the city for
City's approval a plan ("Water Mitigation Plan") which which
reduce or mitigate, in the sole and unfettered discretion of
the city, the impact of the project on the available water
supply to a level which, from a CEQA perspective, would be
deemed upon initial study to be insignificant;
(2) city will have reviewed and approved, or modified and
approved as modified, in their sole and unfettered discretion,
the Water Mitigation Plan; and
(3) Applicant will provide to the City such assurances as
the City shall require that Applicant shall implement the
city-approved Water Mitigation Plan according to the time
table therein approved.
21. [do the same thing for air quality].
1fJ--1
RESOLUTION NO. 15993
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE RANCHO OEL REY SECTIONAL PLANNING AREA
(SPA) III PLAN, THE PUBLIC FACILITIES FINANCING PLAN AND
PC DEVELOPMENT REGULATIONS
WHEREAS, a duly verified application for a Sectional Planning Area (SPA)
Pl an, Publ ic Facil i ties Financi ng Pl an and PC Development Regul ati ons was
filed with the City Planning Department by the Rancho del Rey Partnership; and,
WHEREAS, sai d plans proposed the development of 404.6 acres of 1 and,
located between East "H" Street and Telegraph Canyon Road immediately south of
Rancho del Rey SPA I, to irrclude 1,380 residential dwelling units and 198
acres of non-residential uses; and,
WHEREAS, the Planning Commission held an advertised public hearing on
said project on November 14, 1990; and,
WHEREAS, the City Council set the time and place for a hearing on said
project, 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
mail ing to property owners within 300 feet of the exterior boundaries of the
property at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
7:00 p.m., December 18, 1990, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission, and said hearing was thereafter closed; and
WHEREAS, the City Council recommended that EIR-89-10 be certified.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds as follows:
1. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE
EL RANCHO DEL REY SPECIFIC PLAN AND THE CHULA VISTA GENERAL PLAN.
The Rancho del Rey Sectional Planning Area (SPA) III Plan reflects
the land uses, circulation system, open space and recreational
uses, and public facility uses consistent with the El Rancho del
Rey General Development Plan and Chula Vista General Plan.
2. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The SPA Plan and Public Facilities Financing Plan contain
provi si ons and requi rements to .'nsure the orderly, phased
development of the project. The Public Facilities Financing Plan
specifies the public facilities required by Rancho del Rey SPA III,
and also the regional facilities needed to serve it.
8l3-~
Resolution No. 15993
Page 2
3. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL NOT ADVERSELY AFFECT
ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The land uses within Rancho del Rey SPA III show that the higher
intensity uses are located adjacent to other higher density
projects, and single family residences are situated adjacent to
existing and future single family homes. The Specialty Housing
area will serve a special population of residents in a unique
village community of mixed dwelling types. A comprehensive street
network serves the project, compl etes street connections in the
adjacent neighborhoods, and also provides alternative travel routes
to serve the Eastern Territories. The proposed plan closely
follows all existing environmental protection guidelines and will
avoid unacceptable off-site impacts through the provision of
mitigation measures specified in the Rancho del Rey SPA III
Environmental Impact Report.
BE IT FURTHER RESOLVED that the foll owi ng condi ti ons of approval are
attached to the Rancho del Rey SPA III Plan:
1. Rancho del Rey SPA III shall submit annual building permit reports,
traffic counts and fiscal impact analysis to the City. This
requirement shall be in effect for five (5) years from the date of
City Council approval of the SPA Plan. However, it may be extended
at the discretion of the City Council.
2. The Public Facilities Financing Plan shall be followed with
improvements installed in accordance with said plan or as required
to meet threshold standards adopted by the City of Chula Vista. In
addition, the sequence that improvements are constructed shall
correspond to any future East Chul a Vi sta Transportati on Phasing
Plan adopted by the City. The City Engineer may at his discretion,
modi fy the sequence of improvement constructi on shoul d conditi ons
change to warrant such a revision.
3. The Parks and Recreation Section of the Public Facilities Financing
Pl an shall be amended to require PAD fees in pl ace at the time of
building permit issuance for SPA III. Specific wording shall be
added in the fourth paragraph on page 27 as follows: at the end of
the second sentence: ", and the PAD fees in pl ace at the time of
issuance of building permits for SPA III."; in the third sentence,
after "$173,455 per acre": "(or the dollar per acre cost applicable
at the time of building permit issuance)...".
4. Item #58 in the Public Facilities Financing Plan shall be amended
to require East "J" Street improvements from Paseo Ranchero to just
east of River Ash Road.
5. Street improvements, rights of way and other associated publ ic
improvements shall meet City Standards unless otherwise approved by
the City Engineer.
'58"'3
.
Resolution No. 15993
Page 4
15. Grading of the project shall incorporate the concepts and detail s
shown on the Alternative Grading Concept plan, Exhibit 4 attached
to the agenda report. This Alternative Grading Concept shall be
incorporated into the SPA Plan replacing the proposed Grading
Concept (Exhibit 14 in the SPA document). Minor statistical
adjustments to development acreage and parcel unit counts may
result and shall be incorporated in the plan text and other
exhibits as required.
16. Per the Agreement.entered into by the Rancho del Rey Partnership
(Partnership) and the City of Chu1a Vista, a minimum of 23 low
income housing units shall be provided in Rancho del Rey SPA III if
a reasonable area for such units is available. If no reasonable
site for low income units is available in Rancho del Rey SPA III,
an alternate site within the City shall be provided. The
Partnership shall provide at least 23, and will use reasonable
efforts to exceed the 23, low income housing units. For purposes
of this Agreement, low income housing shall be defined by Health
and Safety Code sec. 50093.
The low income housing units shall be demonstrated to the
satisfaction of the Housing Coordinator prior to recordation of the
Final Map.
17. Rancho del Rey SPAs I, II and III shall comply with any future
ordinance of the City that would set requirements for designation
of communi ty purpose facil i ty acreage. The commi tment shall be
satisfied prior to the recordation of any final map for the SPA III
area.
18. Rancho del Rey SPA III shall comply with any Growth Management
Plans approved by the City Council. Prior to approval of tentative
maps for Rancho del Rey SPA I II, an Ai r Qual i ty Improvement P1 an
and a Water Conservati on P1 an shall be submi tted and approved by
the City Council.
19. The applicant shall hire a consultant to implement and monitor the
environmental mitigation monitoring program.
p~",,,, Tu Tl:."'" -.. II A "I'A..-.JA&.
20. The app1 icant wi 11 prese'ntA mi ti gati on p1 an regardi ng adequacy of
the water supply to reduce the problem to a level below
significance. (j\.oC1" c-:l~.~ .._U - ,)
"^' ....".., ~...~ .....Ap ,,~ A~t.. ~ :,Ill"L,CAN" WI"", fI,"" O~...,..rA"~ ~
21 .' ..... ~ 0: "'-r
I'll~d':'~ ~i'f quality impacts SignifiCance~,..,..--t''''',.1S 1'':,
A \N'''''' "f\~ c.ft'f f"oJ .A40~ s"_..,... 'T'W." It. Il""'"c.~ ' AI I f:rI.....,
BE IT FURTHER RESOLVED that based upon the findings and conditions listed ,l~-
above that the Rancho del Rey SPA III Plan (1,380 dwelling units), Public ,
Facilities Financing Plan and P Development Regulations are hereby approved. ~~~~\~_
~ 4
W\l\.. "'~ ACAlu:WO 1U u.:.v~lS ~-' .~.
86-'1 ~
/
Resolution No. 15993
Page 3
6. Approval of the SPA does not approve the total number of units or
the final lot configurations and street design shown within the SPA
Plan. Modifications may be made by staff, the Planning Commission
or City Council during Tentative Subdivision Map processing and
consideration.
7. All future grading shall be done in accordance with approved City
standards. Areas requiring specific grading and design treatment,
such as adjacent to Rice Canyon, Telegraph Canyon Road and Paseo
Ladera, shall be treated in accordance with the requirements
determined to be necessary during tentative map processing and
approval by the Engineering, Planning and Parks Departments and the
City Landscape Architect.
8. Specific methods of handling storm drainage and sewer improvements
are subject to detailed review and approval by the City Engineer at
the time of submission of the improvement and grading plans.
9. Sewage flow metering shall be accomplished to monitor three
segments of main identified in the Rick Engineering report dated
September 5, 1990, as sections QR, XIX2 and KL. Metering shall be
accomplished st the locations determined by the City Engineer.
Metering shall be accomplished prior to the issuance of any
building permit for SPA III and be repeated at intervals directed
by the City Engi neer. Shoul d any of these segments have metered
flows which fill more than 80% of the pipe diameter, the applicant
shall construct parallel facilities as determined by the City
Engineer.
10. The Specialty Housing Area (Parcel R-7 on the Site Utilization
Plan) and the Townhouse area (Parcel R-6 on the Site Util ization
Plan) shall be developed according to an approved Precise Plan.
11. At the tentative map stage, provisions shall be made to ensure that
water is delivered to the park and school site at or below 150 psi
per Fire District requirements.
12. Grading for the 10 acre park and the junior high school shall occur
at the same time. The park shall be completed with the opening of
the school or prior to the end of development in Phase 7, .whichever
is earlier.
13. General Grading Standards identified in the SPA document in Chapter
VI: Community Design, shall include reference to Section 7.7 Land
Development in Part One of the General Plan.
14. The Resi denti al Property Development Standards shall be changed to
reflect a 33 foot setback from back of sidewalk for all structures
in the RS and RP land use districts fronting on East "J" Street,
west of Paseo Ranchero.
t/)'?
~6-"
21.
f~~S~~
. ~~ ~'1 ~,,",,~J
20. Prlor to tentative map a rova1 .. ~O{ 'HAtl ~ S'WtQ ~Wl..
rogndiRg adequacy of th~P water' s~he1 app11cant wlll pl"esellt a miti~ation plan I
~ignificance. (Reference ConditiO~P l~. ro reduce the problem to a level below.
P~ior to tentative map approval the a 1i . .
Clt~ Planning Director showing that pp cant.. ~umentation with the
achleved to levels below si .. . lO~ ln alr qua11ty impacts will be
(Reference Condition ance ln comp11ance with the Air Quality Plan.
t....~~~~
.....
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w~ t i\M.- H~
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Resolution No. 15993
Page 5
BE IT FURTHER RESOLVED that a copy of this resol ution be transmitted to
the owners of the property.
Presented by
Robert A. Lelter
Director of Planning
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Appr v d as to ~ by
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Resolution No. 15993
Page 6
PASSED, APPROVED, and ADOPTED by the City Counci 1 of the Ci ty of Chul a
Vista, California, this 15th day of January, 1991 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: Malcolm, Moore, Nader, Rindone
Councilmembers: None
Councilmembers: McCandliss
Council members: None
It:>;:~~;fi).IJ{. U; 0&')
Leonard M. MOO~
Mayor, Pro-Tempore
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15993 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 15th day of
January, 1991.
Executed this 15th day of January, 1991.
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2 11991 i~'
CITY OF CHULA VISTA
COUNCIL REFERRAL
1/18/9~
ORIGINATOR: ADMIN~
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LEAD DEPARTMENT: PLANNING DEPT.
RANCHO DEL REY, TENTATIVE MAP CONDITIONS: Council direction for
conditions to be included when tentative map forwarded.
MANAGER DUE
COUNCIL DUE DATE 4/23/91
ORIGINATION DATE 1/15/91
ASST. PUBLIC WORKS
ASST. 2 CITY ADMINISTRATION
REFERRAL DETAIL
Bob, at the 1/15/91 meeting, during the public hearing considering
the final supplemental EIR for Rancho del Rey, Council accepted
staff recommendations and added an amendment that prior to tentative
map approval, the following measures would be taken:
~o. 1. The applicant will present mitigation plan regarding adequacy of
the water supply to reduce the problem to a level below
significance.
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2. It will be shown that compliance with the Air Quality Plan will
reduce air quality impacts to below levels of significance.
Both conditions are to be included in the final EIR and the
Mitigation Monitoring Program. In addition, although not part of the
official motion, Council expressed interest that the tentative map
would include the following: a development agreement prohibiting
development and grading before the water situation is resolved;
financial arrangements or commitments to help seniors in
low/moderate housing in exchange for increased densities; attention
to payment in lieu of park/open space; provision for recycling
opportunities; and solution to projected traffic concerns at Paseo
del Rey and East H Street.
DISPOSITION
COMPLETION DATE:
COMMENTS:
DEPT. HEAD SIGNATURE:
ADMIN SIGNATURE:
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ITEM TITLE:
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Item~'
Meeting Date ~/~OI':l[~/$I"
Council Referral # 2187
Resolution I ~t> c& I Approving a Cooperative Agreement for the
Interagency Water Task Force---. ..........
~~ P. Lippitt, Dir~tor-~f Public Works ~
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
REVIEWED BY:
John D. Goss, City Manager 061""'('
t ,.., (4/Sths Vote: Yes _ No---1L)
BACKGROUND: On November 20, 1990, Council considered the enactment of an ordinance
creating an Interagency Water Task Force to be set up by the City of Chula Vista. Instead of
a task force set up by ordinance, staff was directed to consider a Cooperative Agreement signed
by the three agencies (Chula Vista, Otay Water District, and Sweetwater Authority) to establish
the task force. This resolution approves that agreement.
RECOMMENDATION: Approve the resolution creating the Cooperative Agreement for an
Interagency Water Task Force.
BOARDS/COMMISSIONS RECOMMENDATION: The Chula Vista Ad-Hoc Water Task
Force recommended the creation of an interagency water task force.
DISCUSSION:
At the meeting of November 20, 1990 an item was on the agenda adopting an ordinance creating
an interagency water task force to be composed of members from the City Council of Chula
Vista, Directors from the two water districts serving Chula Vista, and one citizen at-large
member.
The City Council appointed Mayor Pro Tempore Moore, Councilman Nader and Tris Hubbard
(as the member at-large). The Otay Water District has appointed Nancy Mulcahy and Jay Hilton
while the Sweetwater Authority has appointed Wayne W. Smith and Bud Pocklington. Both
agencies have approved the agreement that is being presented to you.
Since the November Council meeting, the staffs met to work out the disagreements between the
wording of the Cooperative Agreement. The new agreement is satisfactory to all parties. At
present there is no budget for the Task Force, it is presently being paid for out of current
Operating budgets. At the 1 ting (minutes attached), Mr. Pocklington of the Sweetwater
Authority was appoin 'rman for the first year.
FISCAL IMPACT
the agenda and m' .
time other than taking minimal amount of staff time to prepare
[ClWPS11A-113SIA-113-17.WPD]
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RESOLUTION NO.
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A COOPERATIVE AGREEMENT
FOR THE INTERAGENCY WATER TASK FORCE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on November 20, 1990, Council considered the
enactment of an ordinance creating an Interagency Water Task
Force to be set up by the City of Chula Vista; and
WHEREAS, instead of a task force set up by ordinance,
staff was directed to consider a Cooperative Agreement signed by
the three agencies (Chula Vista, Otay Water District, and
Sweetwater Authority) to establish the task force; and
WHEREAS, both agencies have approved the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve a Cooperative
Agreement creating the Interagency Water Task Force between the
City of Chula Vista, the Otay Water District, and the Sweetwater
Authority and establishing the functions and duties thereof, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
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Bruce M. Boogaard
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COOPERATIVE AGREEMENT
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AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY
WATER DISTRICT, AND THE SWEETWATER AUTHORITY CREATING THE
CHULA VISTA INTERAGENCY WATER TASK FORCE AND ESTABLISHING
THE FUNCTIONS AND DUTIES THEREOF
WHEREAS, in May 1989, the City Council formed the Chula Vista Ad Hoc Water Task
Force for the purpose of studying water related issues facing the City of Chula Vista and to
make recommendations to the City Council regarding water related matters; and
WHEREAS, said Task Force has received presentations from leaders and staff members
from all major water related agencies in Southern California since the date of its commission;
and
WHEREAS, said Task Force has, at the City Council meeting of June 19, 1990 (Item 4b)
reported back to the City Council with regard to its recommendations which were contained in
a report from said Task Force dated May 1990, entitled "Recommendations Report to Chula
Vista City Council", a copy of which is on file in the office of the City Clerk of said City; and
WHEREAS, said Task Force has recommended the formation of a Chula Vista Interagency
. Water Task Force to discuss local water related issues; and
WHEREAS, at the City Council meeting of June 19, 1990, the City Council did direct
staff to study and report back on the formation of said Task Force; and,
WHEREAS, it is mutually agreed between the City Council of Chula Vista, the board of
directors of the Otay Water District, and the board of directors of the Sweetwater Authority that
an Interagency Water Task Force to deal with local related water issues would be advisable; and
WHEREAS, an agreement should be prepared establishing the formation, responsibilities,
and duties of the Task Force;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, THE
BOARD OF DIRECTORS OF OTAY WATER DISTRICT, AND THE BOARD OF
DIRECTORS OF THE SWEETWATER AUTHORITY AGREE AS FOLLOWS:
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Interal!ency Water Task Force
Creation; Appointment of Members; Term; Quorum; Rules and Regulations.
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1. There is hereby created a Chula Vista Interagency Water Task Force. The
Task Force shall consist of seven (7) voting members and non-voting ex-officio
members and such other ex-officio members as the agencies may assign.
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2. Ex-officio members shall be entitled to deliberate, and participate in the ""'"
deliberations of the Task Force, but shall not be entitled to vote on matters
before the Task Force.
3. Of the Voting Members, two shall be representatives of, and members of the
City Council of the City of Chula Vista and appointed by the City Council
("Council Representatives"), one shall be a representative of the general public
of, and qualified elector of the City of Chula Vista and appointed by the City
Council ("General Public Representative"), two shall be members of the Dtay
Water District Governing Board and appointed by their board of directors
("Otay Water District Representatives"), and two shall be members of the
Sweetwater Authority Governing Board and appointed by their board of
directors ("Sweetwater Authority Representatives").
4. All vacancies shall be filled by the appointing authority of the representative of
the office vacated.
5. Each agency shall rotate the appointment of a secretary to the Task Force for
periods agreed to by the Task Force.
6. The Task Force shall select a Chairman from its membership annually in the
month of January.
7. Four voting members shall constitute a quorum for the transaction of business.
Otherwise, the Task Force shall adopt reasonable rules and regulations for
carrying out all the functions and duties of the Task Force and governing its
meetings. All reports and recommendations shall be made in writing. All
officers and department heads of all agencies shall cooperate with and render
reasonable assistance to the Task Force.
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Part II Functions and Duties
I. It shall be the function of the Task Force to investigate, study and make
recommendations concerning water related matters. The primary objective of
the Task Force shall be to make recommendations with the goal of assuring an
adequate and high quality supply of water for the residents of the region. The
Task Force shall produce a report which provides objectives including but not
limited to:
(I) Water Quality
(2) Water Reclamation Program
(3) Water Conservation Program
(4) Emergency Water Storage Supply
(5) Water Pressure
(6) Water Distribution
(7) Implication of Land Use Proposals on Water Supply
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2. In addition to the above, the Task Force shall:
A. Make recommendations as to how the City of Chula Vista may become
more proactive in state and regional water related issues.
B. Make recommendations as to how the City and the various water
purveyors may integrate their long and short term master and general
plans for development. Each Agency reserves the right to develop its
own Water Master Plan. However, this Task Force may review and
comment on these Plans.
C. Make recommendations to the City Council and to appropriate Water
Boards as to the establishment of ordinances, policies and guideline
manuals for the implementation of water conservation and other water
related measures.
D. Recommend the establishment, with implementation plans, of a new water
use and conservation ethic and to recommend to the City and the Water
Agencies means for implementing same.
E. Provide advice to the City in developing any water element or plan as
part of its General Plan and/or Growth Management Plan.
F. Study and report, as requested, the impacts to the water systems of land
use decisions.
3. Such other and further matters as have been or may, from time to time be,
assigned to the Task Force by the City Councilor Water Agency Boards.
Part III Meetings
The Interagency Water Task Force shall schedule at least one regular meeting each quarter
year on the day and at the time and in the place that it shall designate by resolution and/or
by bylaw and such special meetings as the Task Force may require.
[Signature page follows]
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Presented by
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John P. Lippitt, Director of Public Works
APPROVED
MAYOR, CITY OF CHULA VISTA
Approved as to form by
Bruce M. Boogaard, City Attorney
APPROVED
OTAY WATER DISTRICT
Approved as to form by
Attorney, Otay Water District
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APPROVED
SWEETWATER AUTHORITY
Approved as to form by
Attorney, Sweetwater Authority
[Al13-21H20AGREE.TXT]
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CITY OF CHULA VISTA
INTERAGENCY WATER TASK FORCE
Minutes
February 15, 1991 Meeting
MEMBERS
Leonard M. Moore, Councilman, City of Chula Vista
Tim Nader, Councilman, City of Chula Vista
Nancy Mulcahy, Member, Board of Directors, Dtay Water District
Jay Hilton, Member, Board of Directors, Dtay Water District
Wayne W. Smith, Chairman, Governing Board, Sweetwater Authority
Bud Pocklington, Member, Governing Board, Sweetwater Authority
Tris Hubbard, Member-at-Large
STAFF
Sid Morris, DepUty City Manager, City of Chula Vista
John P. Lippitt, Director of Public Work\', City of Chula Vista
Keith L. Lewinger, General Manager, Dtay Water District
Garry Butteifield, General Manager, Sweetwater Authority
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MINUTES
February 15, 1991
Chula Vista
9:30 a.m.
Council Conference Room
Present:
Members: Moore, Mulcahy, Lewinger, Smith, Butterfield, Hubbard, Nader
(arrived late)
Staff: Morris, Lippitt, Hilton, Pocklington
Others:
George Krempl, Deputy City Manager, Chula Vista; Jess
Valenzuela, Director of Parks and Recreation; Joel Chew, Open
Space Coordinator, Parks and Recreation; Jerry Foncerrada, Parks
Superintendent; Ken Larsen, Director of Building and Housing,
Chula Vista; Jeri Gulbransen, Public Information Coordinator, City
of Chula Vista
Bud Pocklington was nominated and elected Chair by unanimous consent.
1. Presentation by Chula Vista Parks and Recreations Department
Joel Chew, Open Space Coordinator, gave an overview the department's Open Space
Water Management Program that was implemented in 1987. It is an approach that~
permits them to irrigate to plant requirements and no more. Sprinklers are calculated
according to irrigation rate, using an infrequent deep watering technique--every five
minutes on the hour, for a period of time, which allows for deep infrequent watering,
without runoff, thereby making the plants work to send their roots deeper into the soil.
This is a labor-intensive process and increases maintenance costs.
Mr. Lewinger noted that the Otay Water District (Otay) will be temporarily installing
a semista at EastLake Greens (this will then be installed permanently at the Olympic
Training Center facility) and another semista station will be located in Jamul.
In response to Mr. Lewinger's question concerning the effect of the efficiency level
of 80 percent that Otay is trying to achieve and how that will affect the industry, he
responded that what Otay is asking is not unreasonable, but that it is not going to be
easy on the industry, but that it can be done. Efficiency systems in reallife tenns are
lower than 80 percent. Parks and Recreation have been upgrading its controllers with
solid state controllers which have much more flexible programming abilities. He
further explained that the Chula Vista Parks and Recreation Department, though while
not going on-line in the near future, is nonetheless striving for a computer controlled
system, wherein they could input information received on a daily basis from the
semista station, and could have a programmed hands on capability to precisely
monitor watering in open spaces on a daily basis.
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Mr. Lewinger asked if standards that apply to areas dedicated to the City are going
to be applied to open space areas that are not dedicated to the City but left to the
homeowners associations or schools.
Mr. Lippitt responded that this would be the purview of the Planning Department,
noting, however, that the City does not have jurisdiction over what the schools do.
Mr. Lewinger asked if there are or will be landscaping controls on private
development and if not, could the City require them as part of the review process.
Councilman Moore said the City could institute that. Also, that a letter regarding
retofitting should go out over signature of City official. Mr. Lippitt stated that staff
would come back with response.
STAFF ACTION ITEM Review and/or create policy for landscaping controls on private
development as well as create letter regarding retrofitting and
send it out to property owners/developers within the next two
weeks.
Mr. Pocklington mentioned that, in addition to City facilities, schools should switch
to low-flow shower heads and look at installing low-flow toilets.
Mr. Butterfield mentioned that agencies can demonstrate methods of permanent water
savings (x acre feet per year) and apply--through the CW A--for subsidy to help
accomplish this. Specifically for Parks and Recreation, they need to demonstrate that
the computer controlled method will save water. He also mentioned savings in power
by not having to pump water over the mountain, used in watering of open spaces,
could be used in applying for a subsidy. They will not do it retroactively on what
City has already saved, only what is projected can be saved.
Mr. Lewinger expanded on this, stating that the City and Otay and/or Sweetwater
could jointly sponsor to CW A--if the City would put together the data--that says we
want to spend this much money to do this and it is going to save this many acre feet
per year and document this, we can then jointly take this to CW A and then sponsor
it to MWD and we can get a cash contribution to help us do this. The computer
controlled watering system could be partially funded through this subsidy.
Mr. Morris stated that the City's Parks and Recreation Department would work with
Otay and Sweetwater to get cash contribution to save water. He said the City will
look at where it can save water in all its facilities and asked if one application can be
made on behalf of the City. He also noted that the City Manager has asked for an in-
house water audit. He also asked about the City pursuing drilling of additional wells
in its parks locations, is that something the water districts can support.
Mr. Butterfield said Sweetwater would only object to wells being drilled upstream of
the Sweetwater Reservoir. There is water west of Sweetwater Dam, but it is not
drinking water quality and it is not a large quantity of water either. Sunbow is
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drilling and hitting water at about 400-500 feet. So you are not talking about drilling
a 25 foot well. .~
Councilman Moore stated that the City would like additional guidelines of pursuing
more wells.
STAFF ACTION ITEM Staffs should get together on pursuing more wells in City parks
and work out the guidelines.
The parks that are potential sites for wells include: Rohr Park, "C" and Fourth
Avenue Park, Greg Rogers Park.
Mr. Lewinger suggested that if well are drilled, they should be done so within potable
standards, at least down to the 25-30 foot level. The County does regulate wells, they
have the authority to not allow well drilling where it is a discretionary action, but
where it is a non-discretionary action, they have no authority to disallow a well.
STAFF ACTION ITEM Provide breakdown oC City's Open Space in each water district
to Task Force at next meeting on March 15, 1991.
Jerry Foncerrada, Parks Superintendent, gave a brief overview of the Parks Division
water management program. The department has made an inventory of what type
heads they have on each valve line and are in the process of setting up a program
utilizing the semista information to get water going on to the turf areas. In the past '"'"
the practice has been that if there were a dry spot they just turn up the valve on that
particular area, consequently that brown area would turn green but we would also
have a lot of areas that were wet from over watering. We are installing same type of
heads on these valves so we can regulate water we should be putting on those areas.
This will be a long process on existing areas. However, in the past two to three
years, we have been replacing existing with solid state controllers installed. Hilltop
Park was one of the first parks where the solid state controllers that can be adapted
to a computer management program were installed; though we do not have all the
components. Discovery Park has the solid state controllers. Rohr Park and Memorial
Parks are in the process of having solid state controllers being installed during the
renovation of these parks. Greg Rogers park is scheduled to be done in the future.
Parks that developers are building automatically have the solid state controllers
installed.
Councilman Moore suggested that a list of parks be made and indicate when upgrades
will take place. Combine parks, open space, golf courses, City facilities so that all
can be used when we apply for the subsidy. One application, not piecemeal--all City
public property (schools separately).
STAFF ACTION ITEM Make list oC parks, indicate when upgrades will take place, Cor
distribution at March 15, 1991 meeting.
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Mr. Lippitt asked if wells should be included in this application.
Mr. Lewinger stated that the Metropolitan Water District just came out with a new
program, and it would require a different application, but there is money available.
Mr. Lewinger advised that when the City goes to Council they make sure to look at
Otay's proposed rate structure and calculate what our bill going to be if we do not
become efficient and use as justification for these new programs. New rate structure
will go into effect about the same time as we have the semista stations--about May
1991. We will tell you how many acres Otay calculated your park to be and we will
work with you--we will tell you what we are going to use as crop coefficient and what
efficiency factor we will be using. We will tell you what the last 30 years average
ET has been. You will have to contact the semista station every day to keep track of
what actual weather is for that billing cycle and adjust your irrigation daily,
accordingly. Otay will give you the data you need to irrigate with only the amount
of water that you should be irrigating' with. You can use whatever factors you want,
but Otay will bill you based on the evapotransporation (ET), amount of water a plant
needs to live and grow, used for the month.
2.
Municipal water use history - Sweetwater Authority
Mr. Butterfield noted that Chris Salomone, Director of Community Development,
made a presentation to the Sweetwater Board about a year ago to get approval for an
acre foot of water for the Bayfront so that birds could be counted as part of the
environmental impact of the proposed Bayfront project. The approval was conditioned
that the City make modifications in its operations to demonstrate that the City can save
at least that much water in other City operations. He reviewed the City accounts for
which there has been water use for the last two years so he would have a basis for
comparison of 1989 to 1990. The analysis showed that there are 105 water accounts
for the City.
. 27 water accounts used more water in 1990 than in 1989
Most of the ones that were up were buildings
. 78 water accounts used less water in 1990 than in 1989
Most of the ones that were down were turf areas
Overall, the City conserved 14.1 percent in 1990 over its usage in 1989. The total
conserved was 11.5 million gallons, which includes open space, parks, median strips,
Parkway Gym and other City facilities. You did really well. The information is
contained in a computer printout, by address, so if that would be useful to the City
staff to look at individual addresses to see how you did, Sweetwater would be happy
to provide a copy. We verified that the City has done as good as they said they would
do. The Board's investment in allowing an acre foot of nonessential water use paid
off as we all hoped it would.
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3. Draught conservation measures contemplated
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Otl\y Water District
Mr. Lewinger provided a handout (copy attached to these Minutes). This was
discussed in detail. Starting March 1, 1991, the conservation level that we all have
to meet is 30 nercent, it is called a Stal!e 5, mandatorv. At the moment we are in
a CWA, Stage 3, which is a 15 percent mandatory. Otay is doing terribly in meeting
the Stage 3 requirement. Using more water this February than we did last February.
Daily temperature 10 to 15 degrees warmer this year than last.
The following is contingent upon Board approval at the meeting to be held on
February 20, 1991. Residential customers in Otay Water District area will be given
a monthly allotment, equivalent to 615 gallons per day. This is based on 25 units per
day--those using more than 25 units will have to cut back to 25, those using less will
continue to use the same or less. Penalties will be imposed if people do not meet their
goals. The first time they will receive a warning; the second, they will receive a
surcharge of 15 percent of the water portion of their bill; the third time, a 25 percent
surcharge; the fourth time, a 50 percent surcharge; the fifth time, a 75 percent
surcharge. If they continue to ignore it after that, a flow restricter will be installed
in their meter. This is based on a family of four, variance program will be set up for
larger families (50 gallons/day for each additional person). There will be allowances
for livestock. Additionally, there will be allowance made for medical reasons. We
plan on sending bill stuffers each month. ~
Councilman Moore noted that it might be a good idea to limit the amount of material
in each mailing instead of a lot of material at one time. There should be some advice
to those who have pools as well as some advice on lawn conversion, so that the
average person does not automatically think of "rocking" their front lawns.
Mr. Lewinger said they have a number of pamphlets if the City would like a supply
of them. They are advising people that they can put in drought tolerant trees and
shrubs, but not to install ground cover as they will lose it this summer. Install ground
cover after we are out of the drought. If anybody calls up the District we tell them
DJrt to plant their lawn this summer.
Mr. Lewinger, further explaining page 1 of his handout, pointed out their customer
base is broken out into the following categories:
. Residential -
. Commercial -
approximately 50 percent of sales
17 percent (landscape meters will remain in the
business category until the semista stations are up
and operating in May 1991)
13 percent
13 percent in temporary meters by the construction
industry
7 percent in public owned facilities IDld schools
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. Landscape -
. Construction -
. Public Owned -
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Losses -
the amount of water delivered to Otay from the
CW A that never makes it to sale, caused by either
poor registration in meters, leaks, broken fire
hydrants, evaporation, and the like.
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In a Stage 5 or Stage 6, Otay will not be issuing temporary water meters (those that
construction industry hangs on fire hydrants to do major grading projects. What this
means in terms of Chula Vista, is that Sunbow and SPA II on Rancho del Rey will not
be provided any potable water for compaction. The Salt Creek I project will continue,
because they are using reclaimed water; EastLake is done; Sunbow is drilling wells
and will try to do it with well water. In EastLake Greens, where all grading is done
and all streets are in and all facilities are in, they can still come to the District and
purchase the permanent meters for each home and finish constructing the interiors of
the homes. The Construction Industry Federation has sent a letter in support, that
should we go into a Stage 5 they should not be doing any major grading operations.
This allows us not to ask for as big a cutback from our residential or commercial
customers. When we are in a Stage 5, commercial is at 25 percent cutback and
residential is at a 15 percent cutback. Also, landscaping meters, in Stage 5, since you
are still in the commercial category--as the landscape category has not been set up
yet--you will be expected to achieve a 25 percent cutback. He further noted that if
Otay customers do not meet the goals, then rates could go to five to seven times what
they are at present. At present, there is no penalty for commercial customers not
meeting the goal, there are surcharges for exceeding the goal. The reason for not
having a penalty in place is that we have to re-program our building systems to be
able to do that. We expect the penalty phase to kick in at about the same time the
new landscaping program will be put in place.
Mr. Lippitt noted that Public Owned category is expected to achieve a 29 percent
cutback and asked how was that possible.
One answer is to cutback on landscape watering at City Hall. It was asked if the City
had low flow shower heads and low flow toilets. The Police Department has low flow
shower heads, not certain about the Fire Department and the Parkway Gym. There
is a low flow toilet installed in the Zagob Building on a test basis.
Mr. Morris stated that it might now be cost-effective to have low-flow toilets installed
throughout City buildings. It was pointed out that the City Hall complex is in the
Sweetwater Authority jurisdiction.
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Grey water was mentioned. The Health Department is concerned about the use of
grey water. Mr. Lewinger mentioned that in Santa Barbara the Health Department
was concerned about the use of grey water; grey water can be used in Santa Barbara
now. A jurisdictional agency went out in front of the Health Department and gave out
guidelines for using a grey water system and the Health Department decided to catch
up.
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Mr. Lewinger stated that if the Otay Water District does not meet the mandated goals
of CW A, then they will have to implement even further restrictions. ~
Sweetwater Authority
Sweetwater in process of developing their program, we are not as far along as Otay.
Our program may have some of the same features as Otay, such as an allotment, but
surcharges and penalties will not be as extensive as Otay because we do not have the
same risk of not making the goal as they do. Majority of Sweetwater's water is
coming from storage as opposed to coming from the system. We believe it will be
difficult for commercial and industrial users to achieve any significant reduction
without economic impacts.
Mr. Krempl stated that the City would like to have programs parallel to each other as
possible to alleviate confusion, misconceptions and misunderstandings if they see one
set of standards in one neighborhood and another set of standards in another.
Mr. Butterfield responded that he doubted that Sweetwater's Board would decide,
because Otay developed their strict rules, that we would duplicate their rules. Our
Board will want to develop rules that are responsive to the conditions. We are
cognizant of the potential for confusion, but we will have the same basic concept of
allotments, but our allotments might not be the same. The concepts and applications
will be similar.
Mr. Lewinger noted that all East County agencies met last week and that a revised
Model Conservation Ordinance will be going to their Boards soon. These"7
Commandments of Water Usage" are in effect all the time, not just during a drought,
include:
~
. Thou shall not hose down sidewalks and driveways
· Thou shall not irrigate other than between the hours of 4:00 p.m. and
9:00 a.m.
. Thou shall not allow a leak to go un-repaired
. Thou shall not get water in a restaurant unless you ask for it
. Thou shall not let irrigation water run off your property
. Thou shall not use water wastefully
. Thou shall not ever use a hose without an automatic shutoff nozzle
Otay will have two restrictions in addition to those general ones--(l) in a Stage 2 and
beyond, prohibit nonresidential fountains that use potable water, and (2) and in a Stage
4 or beyond, prohibit the filling, refilling or adding to artificial lakes and ponds. We
recommend Fire Department not conduct any more fue tests on hydrants.
Councilman Nader asked that the Task Force get input from the Fire Department.
STAFF ACTION ITEM Get input from Fire Department concerning llilt conducting f"Ire ~
tests.
~ -8-12> 9 -/~
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.
.
.
4.
Impact on water districts expenditure programs caused by drop in revenue
Mr. Butterfield stated that we reduce our rate by 30 percent, our revenues will be
reduced by a similar amount, and then something has to give. Our Board has looked
at cutting out approximately $2.5 million in projects that were tentative authorized for
next year--mostiy that is pipeline replacement projects. That is not something that we
want to do, but we may have to. If there is a way that the cities can adjust their street
improvement projects lists or defer some of them into the last half of the 1991-92
fiscal year or into the next fiscal year, that might be helpful. Sweetwater will provide
Chula Vista with a copy of our pipeline priority list.
STAFF ACTION ITEM City staff to get list of pipeline projects from Sweetwater
Authority and compare them with Chula Vista's list of projects
and have a handout for March 15, 1991 meeting.
Mr. Lippitt mentioned that if Chula Vista had projects that lllilli go ahead, that we
advance (loan) the money so these projects can go ahead. I am thinking of the
projects where we are going to be building the street, such as Broadway, Fifth
Avenue, we would have to front the money if you had a project that was going to be
replaced on those streets. On those projects where we are going to overlay the
streets, we would have to look at the schedule and make decisions.
5. Public Comments
None.
6. Member Comments
Councilman Leonard Moore
A. Arrange visit to desalinization/reverse osmosis plant in Mira Mara. Also, future
trip to desalinization/reverse osmosis plant along lower Colorado River
(operated by the Department of the Interior). There is a facility in Orange
County called Water Factory 21. In this regard, Mr. Lippitt mentioned that
Southern Cal Edison's desalinization plant on Catalina Island will be going on-
line in late April, early May and that a tour is in the early stages of being
arranged. Mr. Butterfield noted that piggybacking on a power plant is a much
better way to go than starting from scratch. Also, looking to build one in
Tijuana.
B. If we can get materials from the two water districts, we can distribute--put
material out on Tuesdays (at Council meetings). Coordinate with Jeri
Gulbransen of City staff. Keith Lewinger will give Jeri video(s) that Otay has.
STAFF ACTION ITEM Jeri Gulbransen to work with water district staff to get materials
in a format that can be beneficial in distributing during Council
meetings on Tuesday evenings.
~S-""
,
-9-
17
,
1-17
C. Dual piping-- Telegraph Canyon Road. How can we finance dural piping before
laying of street. Mr. Lewinger will provide information to Chula Vista on their "'"""
planned dual piping projects.
STAFF ACTION ITEM Otay Water District to provide information on their planned
dual piping projects to Chula Vista-send to John Lippitt.
Tris Hubbard
Communicate with schools about reaching students on water conservation. Contract
Superintendent of Schools and arrange meetings with Principals.
STAFF ACTION ITEM Tris Hubbard will contact elementary schools to have their
representative(s) attend next meeting on March IS, 1991; John
Lippitt will contact high schools and colleges to have them attend
the following meeting.
7. Staff Comments
Ken T .llrsen (Director of Buildine: and Housing. City of Chu)a Vista)
Chula Vista is going to a pro-active grey water program similar to the program in Santa
Barbara and is looking to implement the program about April 1, 1991. Mr. Larsen has
been put on next meeting Agenda to present the City's grey water program in-depth.
"
8. Adjournment
Next meeting will be on Friday, March IS, 1991 at 9:30 a.m. City Council
Conference Room, City Hall, Chula Vista.
(CIWPS lIH2012-1S-91.MIN]
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PROPOSED GOALS FOR THE CONSTRUCTION INDUSTRY
USING TEMPORARY METERS
ASSUMPTIONS
Otay Conservation Goals and Base Rates for Each CWA Stage are:
~
Goal Base Rate
None 0% $2.34
Stage 1 5% $2.46
Stage 2 10% $2.57
Stage 3 25% $2.93
Stage 4 50% $3.5t
iil~llilili~;~~iillll~IIIJlil
Penalty For Not Acheiving Otay Goal Is 50% of Base Rate Paid
EXAMPLE 1
Temporary Meters Total Usage During Feb. 1990=
Temporary Meters Total Usage During Feb. 1991 =
CWA
Stage
% of Prior
Usage
B4 Penalty
Usage
B4 Penalty
(MG)
1 95% 11.4
2 90% 10.8
3 75% 9
4 50% 6
l.i<llil[lIllii;frllll'lllllliilii~,rl1
12 Million Gallons
10 Million Gallons
Melded
Rate
'1
$2.46
$2.57
$3.07
$4.21
[$2.93*9+ ($2.93*1.5)*(1 0-9)1/1 0
[$3.51 *6 + ($3.51 *1.5)*(1 0-6)1/1 0
EXAMPLE 2
Temporary Meters Total Usage During Feb. 1990-
Temporary Meters Total Usage During Feb. 1991 =
CWA
Stage
% of Prior
Usage
B4 Penalty
Usage
B4 Penalty
(MG)
1 95% 11.4
2 90% 10.8
3 75% 9
4 50% 6
Illt'III~':""""'11
12 Million Gallons
13 Million Gallons
Melded
Rate
$2.61
$2.79
$3.38
$4.46
[$2.46*11.4+ ($2.46*1.5)*(13-11.4)]/13
[$2.57*10.8+ ($2.57*1.5)*(13-10.8)1/13
[$2.93*9 + ($2.93*1.5)*(13-9)]/13
[$3.51 *6+ ($3.51 *1.5)*(13-6)]/13
"""'\
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CONSTRUC.XLS 2/8/91 12:41 PM
PROPOSED GOALS FOR COMMERCIAL METERS
ASSUMPTIONS
.
Otay Conservation Goals and Base Rates for Each CWA Stage are:
None
Stage 1
Stage 2
Stage 3
Stage 4
Stage 5
Stage 6
Goal Base Rate
0% $1.17
9% $1.28
10% $1.29
15% $1.35
25% $1.46
25% $1.46
33% $1.56
Within 3 to 4 months a penalty structure will be implemented.
Penalty For Not Acheiving Otay Goal is 100% of Base Rate Paid
Applied to all water in excess of goal. Goal based on prior usage in 1989/90.
.
.
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COMMERCE.xLS 2/8/9112:46 PM
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Proposed Residential Rate Blocks
. The conservation committee discussed several options for achieving conservation
goals within our residential user group. There are primarily two accepted systems
in use today:
1. Setting goals based upon a percentage of a
prior base period.
2. Setting goals based upon a specified
quantity of allowed usage, regardless of prior usage.
Staff recommends alternate two for the following reasons:
.
. It does not penalize those who have already conserved nor reward those
who wasted in the past.
. Based upon 1989/90 records we have been able to estimate the level of
conservation we expect by setting maximum usage goals.
. This type of system is implementable immediately with our existing billing
system. No additional programming would be needed.
. The goals are flexible, Le. if we realize a limit is not achieving the desired
goal it could be easily adjusted upward or downward.
. Individual homeowners goals could be adjusted for:
. families greater than 4
. Uvestock
. Medical reasons
. Fires
As a second phase to this approach staff would recommend that an additional
penalty structure be put in place for those individuals who repeatedly do not
achieve the goals. This second phase would require additional programming and
would be accomplished at the same time the cahnges are made to the
commercial rate structure billling system. This proposed penalty structure would
be as follows:
.
First Offense - Written Warning
Second Offense - Surcharge of 15% of total water bill
Third Offense - Surcharge of 25% of total water bill
Forth Offense - Surcharge of 50% of total water bill
Fifth Offense - Surcharge of 75% of total water bill
Sixth Offense - Same as Fifth plus District option to
install flow restrictor
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,
water by using high pressure pumps to force water
through a membrane to remove salt particles. The
solid particles held back by the membranes are col-
lected and disposed of, while the other residue of con-
centrated salt brine is often mixed with sewer outfall
to bring its salinity back to normal ocean or bay levels
before it too is discarded.
The second desalinization method, electrodia-
lysis reversal, works by using an electrochemical
separation process to produce potable water. WhIle
cheaper than reverse osmosis, electrodialysis reversal
can only be utilized on brackish water.
Flash distillation or evaporation is the third of the
most commonly used desalinization techniques. This
process consists of first heating ocean water in an
evaporation tank. A carrier gas is then used to
transport the water vapor into another tank where the
water is condensed into potable water. While costly to
implement independently, waste heat from electricity
generating plants can be used to run thIS type of dIS-
tillation operation as a cogeneration facility.
Desalinization projects currently being imple-
mented or reviewed include a plant that could deliver
up to one-third of the City of Santa Barbara's water
supply within five years, a joint power generation
and desalinization facility planned by San DIego Gas
& Electric that could produce from 20 to 40 million
gallons of water per year and a desalinization plant
on Catalina Island that will produce 132,000 gallons
of water daily.
Other cities and public entities considering
desalinization projects include the Los Angeles
Metropolitan Water District, the Marin Municipal
Water District, and the cities of Ventura, Monterey,
Morro Bay and Oxnard.
There are at least 13 vendors of desalinization
facilities throughout the United States, although very
few of them have annual sales in excess of $10 million.
While at present the costs for desalinization can
be nearly four times the cost of purchasing water, if
drought conditions persist in California, desaliniza-
tion may become an increasingly more viable method
for acquiring and assuring potable water.
In most cases cited above, the desalinization
facility would qualify for financing with tax-exempt
bonds, although different considerations apply
depending on the degree to which any private ven-
dor, contractor or operator may desire to have either
ownership and/ or a long-term operating relationship
with the project. Careful advance planning is essen-
tial to avoid pitfalls which could jeopardize the ability
to use tax-exempt financing.
For futher information call Paul A. Webber (213)
680-7001 or Roger L. Davis (415) 773-5758.
<j'-':<<D
.;L~
DESALINIZATION -
A SOLUTION TO CALIFORNIA'S
WATER WOES?
Water, that is a dependable supply of it, has be-
come a high priority concern for Californians. After
three successive years of below average rainfall and
in the face of yet another year of drought, California
local entities are increasingly exploring the use of a
variety of desalinization technologies to provide
them with a steady, dependable water supply. A num-
ber of these entities have used, or propose to use, tax-
exempt bonds to finance their desalinization projects.
The following describes the principal desalinization
techniques in use today and a number of the projects
currently under consideration.
Desalinization technology consists of three
primary methods for producing potable water from
either ocean or brackish sources. The most Wldely-
used process is reverse osmosis. This process desalts
1-
-I:> -
~.
""'"
-....
.
Re: I"re."\ /S"
...,_~<:.-ql A,jewO'
From the Office of the City Attorney
city of Chula Vista
Memorandum
Date:
February 25, 1991
Bruce M. Boogaard, City Attorney
From:
Fax:
Voice:
691-5037
691-5214
To: Honorable Mayor and Councilmembers
Sweetwater Authority Via Telecopier No. 425-7469
Otay Municipal Water District Via Telecopier No. 670-8920
John Goss, and appropriate Deputy city Manager
John Lippitt, Public Works Director
Re: Cooperative Agreement re Interagency Water Task Force
Please find herewith a revised version of the Cooperative Agreement
designed to address changes requested by our Mayor Pro Tem on
Monday, February 25, 1991.
The Agreement is marked to show additions by underlining and
deletions by strike-out.
. The Changes are designed to implement the following concepts:
1. The Water Task Force should be able to make recommenda-
tions and render advice to the Water Boards as well as to
the City Council.
2. The Water Task Force should not meet in the absence of at
least one member of each Agency Voting Classification.
.
I
3. A specific mission of the Task Force is to attempt to
coordinate and compliment water conservation, useage, and
supply policy of each of the Water Providers and the
City.
4. Since it is to be an advisory body to encourage but not
mandate cooperation, any party should be able to
terminate the agreement at any time.
Please contact me with regard to the following:
.
A. Do you approve or disapprove of the changes?
B. Would you like our Council to defer consideration of this
version of the Cooperative Agreement, now scheduled for Tuesday,
February 26, 1991, until next meeting?
C. The proper namEl'SI' of the signatories, and ,approving agents,
for inclusion on the signature page.
Thanks for your cooperation in advance.
'(-al
6
.
.
.
COOPERATIVE AGREEMENT
AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY
WATER DISTRICT, AND THE SWEETWATER AUTHORITY CREATING THE
CHULA VISTA ''INTERAGENCY WATER TASK FORCE AND ESTABLISHING
THE FUNCTIONS AND DUTIES THEREOF
WHEREAS, in May 1989, the City Council formed the Chula Vista
Ad Hoc Water Task Force for the purpose of studying water related
issues facing the City of Chula vista and to make recommendations
to the City Council and to the affected water aaencies regarding
water related matters; and
WHEREAS, said Task Force has received presentations from
leaders and staff members from all major water related agencies in
Southern California since the date of its commission; and
WHEREAS, said Task Force has, at the City Council meeting of
June 19, 1990 (Item 4b) reported back to the City Council with
regard to its recommendations which were contained in a report from
said Task Force dated May 1990, entitled HRecommendations Report to
Chula vista city CouncilH, a copy of which is on file in the office
of the City Clerk of said City; and
WHEREAS, said Task Force has recommended the formation of a
Chula Vista Interagency Water Task Force to discuss local water
related issues; and
WHEREAS, at the city Council meeting of June 19, 1990, the
City Council did direct staff to study and report back on the
formation of said Task Force; and,
WHEREAS, it is mutually agreed between the City Council of
Chula Vista, the board of directors of the Otay Water District, and
the board of directors of the Sweetwater Authority that an
Interagency Water Task Force to deal with local related water
issues would be advisable; and
WHEREAS, an agreement should be prepared establishing the
formation, responsibilities, and duties of the Task Force;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
THE BOARD OF DIRECTORS OF OTAY WATER DISTRICT, AND THE BOARD OF
DIRECTORS OF THE SWEETWATER AUTHORITY AGREE AS FOLLOWS:
Part I
Interaaencv Water Task Force
Creation; Appointment of Members; Term; Quorum; Rules and
Regulations.
h2 Oagrel. wp
February 25, 1991
Cooperative Agreement re Water
Task Force
Page 1
1
,/
9-~8
j'
.
There is hereby created a Chula vista Interagency
Water Task Force. The Task Force shall consist of
seven (7) voting members and non-voting ex-officio
members and such other ex-officio members as the
a~encies may assign.
2. Ex-officio members shall be entitled to deliberate,
and participate in the deliberations of the Task
Force, but shall not be entitled to vote on matters
before the Task Force.
1.
3.
.
4.
Of the Voting Members, two shall be representatives
of, and members of the city Council of the City of
Chula Vista and appointed by the City Council
("Council Representatives") , one shall be a
representative of the general public of, and
qualified elector of the City of Chula Vista and
appointed by the City Council ("General Public
Representative"), two shall be members of the Otay
Water District Governing Board and appointed by
their board of directors ("otay Water District
Representatives"), and two shall be members of the
Sweetwater Authority Governing Board and appointed
by their board of directors ("Sweetwater Authority
Representatives"). The three aroucs of recresenta-
tives. to wit: Council Recresentatives. otav Water
District Recresentatives. and Sweetwater Authoritv
Recresentatives shall be sometimes herein referred
to as "Aaencv Votina Classifications".
All vacancies
authority of
vacated.
shall be filled by the appointing
the representative of the office
5. Each agency shall rotate the appointment of a
secretary to the Task Force for periods agreed to
by the Task Force.
6. The Task Force shall select a Chairman from its
membership annually in the month of January.
7.
.
FeHr ve~iR~ memBers B~all eeRs~i~ate a QUeram fer
~he ~raftsae~isft sf basiftess. The Task Force shall
not conduct business without the cresence of a
auorum which is herebv defined to exist when at
least four members are cresent. and at least each
Aaencv votina Classification is recresented.
Otherwise, the Task Force shall adopt reasonable
rules and regulations for carrying out all the
functions and duties of the Task Force and
governing its meetings. All reports and
recommendations shall be made in writing. All
h20agre1.wp
February 25, 1991
Cooperative Agreement re Water Task Force
Page 2
2
1'- ;). '?
.
officers and department heads of all agencies shall
cooperate with and render reasonable assistance to
the Task Force.
1.
~nctions and Duties
It .shall be the function of the Task Force to
investigate, study and make recommendations to the
citv Council and to each of the aovernina boards of
each of the two members which are water Droviders
("Water Provider Members") concerning water related
matters. The primary objective of the Task Force
shall be to make recommendations with the goal of
assuring an adequate and high quality supply of
water for the residents of the region. The Task
Force shall produce a report which provides
objectives including but not limited to:
Part II
.
(1) Water Quality
(2) Water Reclamation Program
(3) Water Conservation Program
(4) Emergency Water storage Supply
(5) Water Pressure
(6) Water Distribution
(7) Implication of Land Use Proposals on
Water Supply
In addition to the above, the Task Force shall:
2.
A. Make recommendations as to how the City of
Chula vista and the Water Provider Members may
become more proactive in state and regional
water related issues.
.
B. Make recommendations as to how the City. the
Water Provider Members. and the various water
purveyors may integrate their long and short
term master and general plans for development.
Each Agency reserves the right to develop and
imDlement its own Water Master Plan. However,
this Task Force may review and comment on
these Plans with the common aoal that each
such Plan should reDresent a coherent and
comDlimentarv water Dolicv (relatina to
useaae. storaae. conservation. and enforce-
ment) for the territorv which is the sub;ect
matter of the combined ;urisdiction of the
city and the Water Provider Members.
Make recommendations to the City Council. and
to ~appropriate Water Boards of the Water
Provider Members as to the establishment of
C.
h20agre1. wp
February 25, 1991
Cooperative Agreement re Water
'('-36
Task Force
Page 3
3
.
ordinances, policies and guideline manuals for
the implementation of water conservation and
other water related measures.
D~ Recommend the establishment, with
implementation plans, of a new water use and
conservation ethic and to recommend to the
City and the Water ^gefteiee Provider Members
means for implementing same.
E. Provide advice to the city in developing any
water element or plan as part of its General
Plan and/or Growth Management Plan.
F. study and report, as requested, the impacts to
the water systems of land use decisions.
3. Such other and further matters as have been or may,
from time to time be, assigned to the Task Force by
the City Councilor Water Provider Members boards.
Part III Meetinas
.
The Interagency Water Task Force shall schedule at least one
regular meeting each quarter year on the day and at the time
and in the place that it shall designate by resolution and/or
by bylaw and such special meetings as the Task Force may
require.
Part IV.
Termination.
This aareement mav be terminated bv anv Dartv UDon written
notice authorized for issuance bv its aovernina board.
(End of Page. Next Page is Signature Page.)
.
h20agre1.wp
February 25, 1991
Cooperative Agreement re Water
9- 31
Task Force
Page 4
4
.
.
.
Signature Page to
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.
Dated: February 25, 1991
City of Chula Vista
by:
Leonard M. Moore
its Mayor Pro Tem
Attest:
Beverly Authelet
City Clerk
Approved as to Form:
Bruce M. Boogaard
City Attorney
Dated: February 25, 1991
OTAY WATER DISTRICT
by:
Approved as to form
by:
Dated:
February 25, 1991
SWEETWATER AUTHORITY
by:
Approved as to form
by:
h20agrel. wp
February 25, 1991
Cooperative Agreement re Water
Task Force
Page 5
5
7'- J~
COUNCIL AGENOA STATEMENT
ITEM .... 10
MEETING OATE March 5. 1991
ITEM TITLE: RESOLUTION/~Amending FY 1990-91 Budget, authorizing
transfer from the Sewer Fund and providing for a General Fund
appropriation to the General Liability Insurance account.
SUBMITTEO BY: DIRECTOR OF PERSONNELCl?
REVIEWED BY: CITY MANAGERdl1dJ/ (4/5ths Vote: Yesl No_)
For reasons described in this report, the City's General Liability Insurance
Account (100-0700-5233) has less than $4,000 remaining for the rest of this
fiscal year. Expenditures are expected to be approximately $100,000 from now
until June 3D, 1991. It was recently discovered that certain General Liability
Insurance expenditures should have been reimbursed from the Sewer Fund when they
were actually paid by the General Fund. Therefore, although this appropriation
for the insurance account shortfa 11 is from General Fund, the funds are
reimbursed from the Sewer Fund to the General Fund.
RECOMMENDATION: That Council adopt the resolution authorizing the transfer of
funds and appropriating $100,000.
BOARDS & COMMISSIONS RECOMMENDATION:
Not applicable.
DISCUSSION: The General Liability Insurance budget was exhausted early this year
for the following reasons:
1. There have been three fairly substantial claim settlements that were
not anticipated. Two were for $20,000 and one was for $40,000.
2. In the first five months of FY 90-91 the City spent $80,000 in legal
defense fees. This amount is more than what is normally spent in an
entire year. This increase in legal expense is due to two things:
a. The new "Fast Track" rules for claims after 1/1/87 forces
discovery and legal action in a more compressed time frame.
Before 1987, a claim could take five to seven years to mature
and di scovery costs were spread over a two to four year
period. Now, under the "Fast Track" rules, claims take
ei ghteen months to two years to mature. The newer "Fast
Track" claim expenses are coming on top of expenses for older
claims (prior to 1987) which are now maturing towards trial or
settlement. This aberration is not expected to last as the
older claims are disposed of.
b. The sheer volume of claims has increased over the past two
years; 104 claims in 1988 compared to 130 in 1990. Roughly
33% of these claims are litigated and most are referred to
outside counsel because they are Superior Court claims.
Municipal Court claims are handled by the City Attorney's
office and represent 12% of all claims. The remaining 55% are
not litigated and are handled by Risk Management staff.
/(J-I
ITEM
-M-'O
MEETING DATE
March 5. 1991
While reviewing the shortfall in this fiscal year, Management Services staff
suggested that funds other than the General Fund should be responsible for some
of the claim expenses. Historically, the General Fund, through the budget
process, pai d all costs associ ated with general 1 i abil ity i ncl udi ng sewer cl aims.
These costs should have been reimbursed from the Sewer Fund.
Therefore, staff has recommended, and the City Manager concurs, that $100,000 be
transferred from the unencumbered balance of the Sewer Fund to the General Fund
and appropriated to offset the shortfall in the insurance budget for FY 90-91.
FISCAL IMPACT: The source of funds for this appropriation is the Sewer Fund.
A total of $100,000 will be transferred from the Sewer Fund to the General Fund
and then appropriated from there to Insurance Account #100-0700-5233. The total
sum appropriated to this account will be expended by authorization and approval
of the Finance Director.
A113\LlABINS.A13
JIJ- ')-
RESOLUTION NO. IfDOI~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1990-91 BUDGET,
AUTHORI ZING TRANSFER FORM THE SEWER FUND AND
PROVIDING FOR A GENERAL FUND APPROPRIATION TO
THE GENERAL LIABILITY INSURANCE ACCOUNT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City's General Liability Insurance Account
(100-0700-5233) has less than $4,000 remaining for the rest of
this fiscal year: and
WHEREAS, expendi tures are expected to be approximately
$100,00 from now until June 30, 1991: and
WHEREAS, it was recently discovered that certain General
Liability expenditures should have been reimbursed from the Sewer
Fund when they were actually paid by the General Fund: and
WHEREAS, it is necessary to appropriate $100,00 to the
General Liability Insurance Account.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby amend FY 1990-91 budget,
authorize transfer from the Sewer Fund and appropriate $100,000
from the unappropriated balance of the General Fund to Insurance
Account No. 100-0700-5233.
candy Boshell, Director of
Personnel
8593a
Presented by
#3
COUNCIL AGENDA STATEMENT
ITEM ~,'
ITEM TITLE:
MEETING DATE March 5. 1991
RESOLUTION 1~~4)Approving an amendment to the existing
Memorandum of Understanding with International Association of
Fire Fighters Local 2180, Western Council of Engineers, Chula
Vista Employees' Association and Police Officers Association
regarding the Persian Gulf Conflict Leave Policy.
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF PERSONNEL~{)
CITY MANAGER ~~
(4/5ths Vote: Yes___ No~)
At its meeting on February 12, 1991 the City Council authorized the City Manager
to meet and confer with bargaining units with the ultimate goal of implementing
a military leave benefit policy specific to the Persian Gulf Conflict.
RECOMMENDATION: Approve following amendment to the existing MOU's with IAFF,
WCE, CVEA and POA.
BOARDS AND COMMISSIONS RECOMMENDATION: None
DISCUSSION: The following Persian Gulf Conflict Leave Policy was agreed to
by all four associations and will be included in the Memoranda of Understanding
by side letter.
Persian Gulf Conflict Leave Policy
Definition - Persian Gulf Conflict Leave is paid absence from work
granted to employees who have been ordered to active military duty
as a result of the Persian Gulf conflict.
Eliqibility - Employees who are members of the reserve corps of the
Armed Forces of the United States or the National Guard or the Naval
Militia who have been ordered to active military duty as a result of
the Persian Gulf Conflict. Employees shall not be eligible for this
paid leave for the 30 days that they receive paid military leave
pursuant to the California Military and Veterans Code.
Duration - This leave is provided as temporary relief from financial
hardship due to loss of pay and benefits for employees on active
military duty as a result of the Persian Gulf Conflict. This paid
1 eave shall commence on the date whi ch Ca 1 iforni a Mil i tary and
Veterans Code benefits are exhausted. This paid leave shall cease
on the date the employee is officially released from the active
military duty or 150 calendar days, whichever occurs earlier.
11-1
ITEM
MEETING DATE
"'*11
March 4. 1991
Method of Computation - The amount of this paid leave shall be equal
to the employee's normal bi-weekly gross pay (not including overtime
pay) offset by the amount of gross mil i tary pay for such duty,
including all military allowances paid to the employee. Employees
will continue to receive full benefits for that period including
vacation and sick leave accruals.
Condition of Pavment - Payments authorized under this policy shall
be conditioned upon compliance with procedures established by the
Director of Finance and Director of Personnel.
FISCAL IMPACT: The maximum fiscal impact is $87,792. This fiscal impact assumes
the worst case scenario of all seven City employees called to active duty and the
need to backfill all positions. It is unlikely that all seven employees eligible
to recall will be called to duty. However, if that did occur, we would not
necessarily backfi 11 all positi ons. Additi ona lly, the use of overti me and
temporary help will be at the discretion of the City Manager.
A113\PERSGULF.A13
I/-;L
RESOLUTION NO. IbDl/sJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
EXISTING MEMORANDUM OF UNDERSTANDING WITH THE
INTERNATIONAL ASSOCIATION OF FIRE FIREGHTERS
LOCAL 2180, WESTERN COUNCIL OF ENGINEERS,
CHULA VISTA EMPLOYEES' ASSOCIATION AND POLICE
OFFICERS ASSOCIATION REGARDING THE PERSIAN
GULF CONFLICT LEAVE POLICY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, at its meeting of February 12, 1991, the Ci ty
Council authorized the City Manager to meet and confer with
bargaining units with the ultimate goal of implementing a
military leave benefit policy specific to the Persian Gulf
Conf lict: and
WHEREAS, the following Persian Gulf Conflict Leave
pOlicy was agreed to by all four associations and will be
included in the Memoranda of Understanding by side letter:
Persian Gulf Conflict Leave Policy
Definition - Persian Gulf Conflict Leave is paid absence
from work granted to employees who have been ordered to
active military duty as a result of the Persian Gulf
conflict.
Eligibility - Employees who are members of the reserve
corps of the Armed Forces of the Uni ted States or the
National Guard or the Naval Militia who have been
ordered to active military duty as a result of the
Persian Gulf Conflict. Employees shall not be eligible
for this paid leave for the 30 days that they receive
paid military leave pursuant to the California Military
and Veterans Code.
Duration - This leave is provided as temporary relief
from financial hardship due to loss of pay and benefits
for employees on active military duty as a result of the
Persian Gulf Conflict. This paid leave shall commence
on the date which California Military and Veterans Code
benefits are exhausted. This paid leave shall cease on
the date the employee is officially released from the
active military duty or 150 calendar days, whichever
occurs earlier.
II.. 3
Method of Computation - The amount of this paid leave
shall be equal to the employee's normal bi-weekly gross
pay (not including overtime pay) offset by the amount of
gross military pay for such duty, including all military
allowances paid to the employee. Employees will
continue to receive full benefits for that period
including vacation and sick leave accruals.
Condition of Payment Payments authorized under
policy shall be conditioned upon compliance
procedures established by Director of Finance
Director of Personnel.
this
with
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an amendment to the
existing MOU's with International Association of Fire Fighters
(IAFF), Western Council of Engineers (WCE), Chula Vista
Employees' Association (CVEA) and Police Officers Association
(POA) regarding the Per sian Gulf Conf lict Leave Policy as set
forth hereinabove.
Presented by
p;L
Candy Boshell, Director of
Personnel
8592a
/1-- r
-2-
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 3/5/91
ITEM TITLE: Resolution Ratifying first amendment to the
agreement with Willdan Associates for the preparation of the
Telegraph Canyon Drainage Plan and appropriating funds
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manager~~- (4/5ths Vote: YeslNo_)
On January 12, 1988, Council approved an agreement with Willdan Associates for
consulting services to prepare a drainage plan and ordinance for the financing
of a drainage facility in the area of Telegraph Canyon Road. This item is to
consider ratification of the first amendment to the contract due to an
expanded scope of work requiring an increase in the contract amount to
compensate for the additional work performed.
RECOMMENDATION: It is recommended that Council approve the resol ut i on and
authori ze the Mayor to execute sai d amendment and appropri ate funds from the
Telegraph Canyon Drainage DIF.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Counc il approved an agreement with Wi 11 dan Assoc i ates on January 12, 1988 to
prepare a Drainage Plan and Ordinance affecting those properties adjacent to a
portion of Telegraph Canyon Channel. Willdan has completed this work and the
City has approved the Plan and adopted the associated Ordinance on July 24,
1990. However, Willdan has requested that the City ratify the first amendment
to the agreement for $11,650 in additional fees due to the expansion in the
scope of work needed to complete the Plan as approved.
The expansi on in the scope of work was due in 1 arge part to changes and
circumstances not originally contemplated as follows:
1. Willdan Associates was asked to do an additional analysis separating
drainage channel costs which qualify for DIF credit.
2. Willdan Associates was asked to include costs associated with downstream
channel improvements west of 1-805 since that area may be impacted by
upstream development.
3. Wi11dan Associates was asked to revise the cost estimates contained in
the draft Plan using "new" cost estimates available from actual bids. It
was preferred to use bid costs because these more accurately reflect
construction costs.
4. Willdan attended two property owner meetings which were held to obtain
publ ic input.
I~-'
Page 2, Item~
Meeting Date 3/5/91
Willdan Associates' original contract was for a lump sum fee of $25,000 which
i ncl uded $5,000 for the servi ces of Dan Hentschke to prepare the ordi nance.
Dan Hentschke's legal fee was $5,000; however, Willdan Associates final labor
and material costs are $31,650. This is $11,650 more than the original
contract. Based on review of the additional tasks performed which were not
included in the original scope of work, staff recommends that the fee
amendment be rat ifi ed. Th is tota 1 fee was i nc 1 uded in the Ora i nage
Development Impact Fee (DIF) as approved by Council on July 24, 1990 and as
such the additional cost was considered.
Staff recommends that $11,650 be appropriated from the Telegraph Canyon
Drainage DIF account to pay the additional costs incurred by Willdan
Associ ates. Such expendi tures are authori zed by Ordi nance No. 2384. Staff
has also verifi ed that there are adequate funds in the Drai nage DIF account
(approximately $138,000) to cover these expenditures.
FISCAL IMPACT: The expenditure of $11 ,650 of the revenue in the Telegraph
Canyon Drainage DIF (628-6280-5201).
DDS/mad: HX001/AY076
WPC 5456E
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RESOLUTION NO. 1'01'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING FIRST AMENDMENT TO THE
AGREEMENT WITH WILLDAN ASSOCIATES FOR THE
PREPARATION OF THE TELEGRAPH CANYON DRAINAGE
PLAN, AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT, AND APPROPRIATING FUNDS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on January 12, 1988, Council approved an
agreement with willdan Associates for consulting serVlces to
prepare a drainage plan and ordinance for the financing of a
drainage facility in the area of Telegraph Canyon Road; and
WHEREAS, it is necessary to ratify the first amendment
to the contract due to an expanded scope of work requiring an
increase in the contract amount to compensate for the additional
work performed to include:
1.
willdan Associates was asked
analysis separating drainage
qualify for DIF credit.
to do
channel
an additional
costs which
2.
willdan Associates was asked
associated with downstream channel
I-80S since that area may be
development.
to include costs
improvements west of
impacted by upstream
3. Willdan Associates was asked to revise the cost
estimates contained in the draft Plan using "new" cost
estimates available from actual bids. It was preferred
to use bid costs because these more accurately reflect
construction costs.
4. willdan attended two property owner meetings which were
held to obtain public input.
WHEREAS, willdan Associates' original contract was for a
lump sum fee of $25,000 which included $5,000 for the services of
Dan Hentschke to prepare the ordinance; and
WHEREAS, Dan Hentschke' s legal fee
$5,000; however, willdan Associates final
costs are $31,650 which is $11,650 more
contract; and
did not exceed the
labor and material
than the original
WHEREAS, based
performed which were not
staff recommends that the
on review of the addi tional
included in the original scope of
fee amendment be ratified.
tasks
work,
1;2.-3
-1-
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby ratify the First Amendment to
Agreement with Willdan Associates for the preparation of the
Telegraph Canyon Drainage Plan, a copy of which is on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute this
amendment for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the amount of $11,650 is
hereby appropriated from the unappropriated balance of the
Telegraph Canyon Drainage DIF Account to Account No.
628-6280-5201.
Presented by
Approved as to f m by
John P. Lippitt, Director of
Public Works
8594a
J~-Y I'~.""
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ftY-07~ )
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ORDINANCE NO. 2384
AN ORDINANCE OF THE CITY--COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ADOPTING TELEGRAPH CANYON DRAINAGE
PLAN AND ESTABLISHING THE TELEGRAPH CANYON DRAINAGE FEE
The City Council of the City of Chula Vista, California does ordain as
follows:
SECTION I. Findings and Determinations. The City Council of the City of
Chula Vista, California, hereby makes the following legislative findings and
determi na ti ons:
A. Development in the Telegraph Canyon Drainage Basin requires the
constructi on of drai nage faci 1 i ti es whi ch are additi ona 1 to
drainage facilities serving the area at the time of adoption of
thi s ordi nance.
B.
A report entitled, "City of Chula Vista, California, Telegraph
Canyon Drai nage Pl an," dated June 6, 1990, and on fi 1 e wi th the
City Clerk, establishes the boundaries of the Telegraph Canyon
Drainage Basin, the boundaries of the Telegraph Canyon Drainage
Improvement District and the boundaries of the area of benefit of
the Telegraph Canyon Drainage Improvements, the extent of the
additional drainage facilities needed to accommodate new
development in the Drainage District and a proposed allocation of
fees to pay for the drai nage facil iti es. The Telegraph Canyon
Drainage Pl an is hereby approved as the pl an for constructi on of
planned local drainage facilities for the Telegraph Canyon Drainage
Di strict.
(
C. The Telegraph Canyon Drainage Plan is consistent with the City's
General Plan and will ensure that increased surface and storm water
runoff resulting from or attributable to new development within the
drai nage basi n wi 11 be removed in a manner which furthers the
public health, safety and welfare. In addition to participation in
the construction of the planned drainage facilities as set forth in
the Drainage Plan, developers of property within the Drainage
District will be required to construct other on and off site
drainage facilities as a condition of development pursuant to
existing laws and policies of the City.
D. The development of property within the Telegraph Canyon Drainage
Basin will require the construction of those drainage facilities
descri bed in the Telegraph Canyon Drai nage Pl an and other on and
off site drainage facilities. Properties within the Drainage
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Ordinance No. 2384
Page 2
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District shown in the Drainage Plan benefit by construction of the
drainage facilities set forth in the Plan to the extent that
payment of the fee and constructi ooof the drai nage faci 1 iti es wi 11
allow the properties to be developed according to the general plan.
E. For the reasons set forth in the Telegraph Canyon Drainage Plan and
in the reports re 1 i ed upon and referenced in that Pl an and based
upon the City's General Plan, and the matters presented to the City
Council at the pUblic hearing at which this Ordinance was
considered and the laws and policies of the City relating to
development of property, the City Council makes the following
additional legislative findings and determinations:
3.
4.
1.
The Planned Drainage Facilities as described in the Telegraph
Canyon Drainage Plan are required in order to accommodate the
surface and storm water run off resulting from development of
property withi n the Tel egraph Canyon Drai nage Di stri ct. The
estimated cost of the proposed facilities are based upon
standard engineering practices and are reasonably
determined. The Planned Drainage Facilities described in the
Plan are necessary to allow development of properties within
the District and to mitigate the impact resulting from the
development of those properti es. Therefore, each property
should contribute to the cost of the facilities based upon a
flat amount per gross acre as set forth in the Drainage
Pl an. The fl at, per acre fee establ i shed by thi s Ordi nance
is reasonably and fairly apportioned based upon the benefit
conferred Upon each property or upon the need for the
faci li'ti es created by the development of property wi thi n the
Drainage Improvement Benefit Area.
2. There is a reasonable relationship between the use of the fee
for the constructi on of the Pl anned Drai nage Faci 1 iti es and
the development of the property withi n the Drai nage basi n
because development increases run off and retards the natural
abil ity of the undeveloped land to absorb storm and surface
waters.
(
There is a reasonable relationship between the construction
of the Planned Drainage Facility and the various land uses
for the property set forth on the City's General Plan because
the run off and surface water diversion resulting from
development of the property as shown on the Ci ty I S General
Plan will on the average be the same for the various land
uses permitted within the Plan area.
The amount of the fees to be collected pursuant to this
Ordinance does not exceed the estimated cost of providing the
facilities. If, at any time, it appears that the amount of
the fees will exceed the estimated cost of the proposed
facilities, including all administrative and incidental
costs, then the fee shall be adjusted accordingly.
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Ordinance No. 2384
Page 3
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SECTION II. Determination of Costs. The City Council finds that the
total cost of providing the planned drainage facility as estimated in 1990 is
$7,745,100.00. If the costs are apportioned uniformly on a per acre basis to
the benefi ted properti es as shown in the Tel egraph Canyon Drai nage P1 an, the
pro rata charge for each gross acre would be $3,922.00.
(
SECTION III. Drainage Fees Established. A drainage fee in the amount of
$3,922.00 per gross benefit acre of undeveloped land is hereby established for
each development project withi n the Telegraph Canyon Drai nage Benefi t area.
The fee is a requirement of each development project, tentative map, tentative
parcel map, or building permit within the benefit area and shall be paid
before the approval by the City of the development project. For any
development for which a fee was not paid at the time of approval of the final
map or parcel map, the fee sha 11 be pai d before the issuance of the fi rst
building permit for the development. Payment at the time established by this
Section is necessary to assure that the drainage facilities identified in this
Plan may be constructed concurrent with need.
For the purpose of determining fees, gross benefit acreage shall mean all
1 and area within the outermost boundaries of a subdivision or development
i nc1 udi ng all areas dedicated for pub 1 i c streets. The fees for fracti ona1
acreages shall be prorated. The Telegraph Canyon Road right-of-way and the
Telegraph Canyon channel easement are excluded from the gross benefit acreage.'
SECTION IV. Adjustment of Fees. The City Council shall periOdically,
but not less - than once annually, review the amount of the fee established by
this Ordinance:- The City Council, by resolution, may adjust the amount of the
fee as necessary to reflect changes in the Engineering News, Record
Constructi on Index, the cost of the drai nage faci 1 iti es, changes in 1 and use
designation and other sound engineering and financing information. The ENR
Construction Index,for June, 1990, is $4,734.77.
SECTION V. Use of Fees. The fees collected pursuant to this Ordinance
shall be deposited in a separate fund as designated by the Finance Director
and shall be expended only for the following purposes:
A. To pay for the constructi on of faci 1 iti es by the City, or to
reimburse the Ci ty for facil iti es i nsta 11 ed by the City wi th funds
from other resources;
B. To reimburse developers or subdividers of property who have
installed all or a portion of the Planned Local Drainage Facilities;
C. To repay indebtedness incurred by the City to construct the Planned
Drainage Facilities should the City Council determine to incur such
indebtedness;
D.
To reimburse the City
administrative services to
construct the facilities.
for the cost of engi neeri ng and
form the district, establish the fee and
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SECTIOII VI. Construction of. Facilities of Subdivider. The City may
require, as a condition of approval of a subdivision, that the subdivider
contract or fi nance the constructi on of a 11 or a porti on of the Pl anned
Drainage Facilities. If such a requirement is imposed, the subdivider shall
receive a credit against the fee imposed by this Ordinance in an amount equal
to the actual cost of construction, including incidental expenses, of the
facilities as verified and approved by the City Engineer. If the actual
construction cost exceeds the amount of. the fee which would otherwise be
imposed, the Subdivider may request to be reimbursed for the difference from
fees collected by the City. The reimbursement shall be made pursuant to a
reimbursement agreement entered into between the City and Subdivider.
SECTION VII. Credit for Fees PrevioUsly Paid. Whenever a building
permit is issued for a development project property for which the fees
established by this Ordinance were paid at the time of receiving a parcel map
or final map, or the Drainage Facilities were constructed by the developer or
subdivi der of the property, a full credi t for such payment of construction
shall be given against the fee due as a condition of the building permit.
SECTION VIII. Applicability to Land Within County.
the Drainage District within the County of San Diego, the
shall apply:
A.
For those' areas of
fOllowing proVisions
Upon annexation to the City, this Ordinance shall immediately
become applicable to property located outside of the jurisdiction
boundaries of the City on the date of adoption of this Ordinance.
(
B. Pursuant to Section 66453 of the Government Code, the City Engineer
shall file a map of the Telegraph Canyon Drainage District with the
. County of San Diego, and shall request that all subdivisions wholly
or partially within the District be referred to the City Engineer
for a recommendation. The City Engineer shall review each map for
compliance with the Drainage Plan. and shall recOmmend such
condi ti ons or exacti ons which wi 11 ensure that any subdi vi si on
approved by the County shall comply with the provi si ons of the
Drainage Plan.
C. The City shall work with and encourage the County of San Diego to
adopt the Drainage Fee for the unincorporated area within the
drainage basi n.
SECTION IX. Exemptions. The following development project is exempt
from the proVisions of this Ordinance.
SECTION X. Definitions. For the purpose of this Ordinance, the
fOllowing words or phrases shall be construed as defined in this Section,
lnless from the context, it appears that a different meaning is intended.
A. "Bui 1 di ng permi t" means a permi t requi red by and issued pursuant to
the Uniform Building Code as adopted by reference by this City.
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Ordinance No. 2384
Page 5
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B.
"Development project or development" means any activity described
in Section 66000(a) of~he Government Code and includes, but is not
limited to, any activity~which results or may result in the
physical alteration of land requiring a subdivision map, zoning
permit or approval or permit to build.
C. "Drainage District" means the Telegraph Canyon Drainage District as
described in the Telegraph Canyon Drainage Plan, prepared by
Willdan Associates and approved by this Ordinance.
D. "Drai nage Improvement Benefi t Area" means the Tel egraph Canyon
Drainage Improvement Benefit Area described in the Telegraph Canyon
Drainage Plan.
E. "Drainage Plan" means the Telegraph Canyon Drainage Plan.
F. "Planned Drainage Improvement" means the specific drainage
improvements described in the Drainage Plan.
(
SECTION XI. Procedure for Fee Waiver or Reduction. Any developer who,
because of the nature or type of uses proposed for a development project,
contends that application of the fee imposed by this Ordinance is
unconstitutional, or unrelated to purposes for which the fee is imposed or to
the burdens of the development, may apply to the City Council for a waiver or
reduction of the fee. The application shall be made in writing and filed with
the City Clerk not later than ten (10) days after notice of the public hearing
on the development permit application for the project is given, or if no
de vel opment permit is requi red, at the time of fil i ng of the bui 1 di ng permi t
application. The appl ication shall state in detail the factual basis for the
claim of waiver or reduction. The City Council shall consider the application
\'iithin sixty (60) days after its filing. The decision of the City Council
shall be final. Ifa reduction or waiver is granted, any change in use within
the project shall subject the development to payment of the fee. The
procedure provided by this Section is additional to any other procedure
authorized by law for protesting or challenging the fee imposed by this
Ordinance.
SECTION XII. Authority. This Ordinance is adopted pursuant to the
City's constitutional and charter pol icy and taxing powers and pursuant to
Government Code ~ 66000 et seq.
This ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this
Ordinance to be published pursuant to the provisions of City Charter Section
312.
-
4 br~ro"d
ruce oogaa r
City Attorney
as to form by
J~-q
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chul a
Vista, California, this 7th day of August,. 1990, by the following vote:
~.
AYES: Counci lmembers: Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm, McCandliss
ABSTAIN: Councilmembers: None
ATTEST:
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/ .
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CI(jc(vi ( a.eff1f
Beverly fi. Authelet, ~lty ~lerk
(
STATE OF CALIFORNIA)_
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2384 had its first reading on
July 24, 1990, and its second reading and adoption at a regul ar meeting of
said City Council held on the 7th day of August, 1990.
Executed this 7th day of August, 1990.
Ci?.lIt ~eei"/
Beverly AI. Authelet, City Clerk
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COUNCIL AGENOA STATEMENT
/rY-07t?
Item 6
ITEM TITLE:
Meeting Date 1/12/88
Resolution,/3 "/&17 Approving agreements with George T.
Simpson and Willdan Associates for consulting services to
prepare a drainage plan and ordinance for the financing of a
drainage facility in the area of Telegraph Canyon Road
pursuant to Article b, Section 66483 of the flap Act of the
State of Cal ifornia; and approving a Reimbursement Agreement
between the City and the EastLake Development Company
Director of Public Works ~
City r,lanager Iv'J~ (4/5ths Vote: Yes_No~)
SUBMITTED BY:
REVIEWED BY:
The EastLake Development Company has requested the City to prepare a Drainage
Plan and Ordinance to provide for the financing of a major drainage facility
in the Tel egraph Canyon Road area. The subdi vi si on of 1 and and development
with the drainage area requires the construction of a drainage facility. The
Drai nage Pl an and Ordi nance wi 11 be prepared pursuant to the r~ap Act and a
"Drainage Fee" will be collected at the time of Final r~ap Approval within the
area of benefit of the proposed drainage improvement.
The EastLake Development Company will advance funds to allow the City to pay
for all consultant and City admi ni strati ve expenses rel ati ng to the
preparation of the Drainage Plan and the ordinance imposing a Drainage Fee.
RECO~~IENDATION: Adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The State r~ap Act provides that there may be imposed by local ordinance a
requirement for payment of fees for defraying the costs of constructing
drainage facilities for the removal of surface and storm \/aters from local
drainage areas.
Pri or to imposi ng a drai nage fee. a "Orai nage Pl an" must be prepared whi ell
i ncl udes:
1. Drainage area boundary map;
2. Assessor's parcels and ownership map;
3. Description and cost estimate of the facilities proposed to be built; and
4. Map showing the location of facilities proposed to be built.
/J. -II
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Page 2, Item 6
Meeting Date 1/12/88
The Eastlake Development Company has had thei r engi neer, Ri ck Engi neeri ng,
preparing preliminary alignment, hydrological, and design studies which will
be provided to the City.
The drainage benefit area and the drainage facility will be partly located in
the County of San Diego. A request to allow participation will be made to the
Board of Supervisors.
Eastlake has requested that the consultants work program incl ude the
preparation of a feasibility analysis of overlaying a Community Facilities
Di stri ct or 1913/15 Act Assessment Di strict". to provi de an al ternati ve method
for an owner/developer to pay Drainage Fees with bond proceeds and advance the
construction of needed drainage facilities.
The Eastlake Development Company has requested, and City staff recommends,
that George T. Simpson and Willdan Associates be retained to perform the work
requi red. Wi 11 dan wi 11 subcontract with Brown and Di ven to act as speci al
counsel for the preparation of the drainage ordinance. These firms are
famil i ar wi th the area and are concurrently worki ng on the fi nanci ng of the
widening of Telegraph Canyon Road in the same area.
FISCAL IMPACT: None to the City. The Eastlake Development Company will
deposit $42,000 to fund all consultant and City costs.
WPC 3472E
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50// /'/~/)-~//
-. by" tile City Ccunr.il of
Cilula Vista, C~'lifornia
Dated /- /7 - ;:1"
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ex Su'b,,.-I
L.
RESOLUTION NO. 13407
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA,
APPROVING CONSULTANT AGREEMENTS AND A
REIMBURSEMENT AGREEMENT RELATING TO
DRAINAGE PLAN FOR THE TELEGRAPH
CANYON ROAD AREA
WHEREAS, development in the area of Telegraph Canyon Road and the improvement
of Telegraph Canyon Road requires the consturction of certain major drainage
facilities, and the City is considering the financing of said drainage facilities
through the implementation and collection of a drainage fee pursuant to Government
Code Section 66483 of the "Subdivision Map Act", of the State of California; and,
WHEREAS, the City desires to retain the services of various consultants to prepare a
drainage plan and related documents necessary to implement said drainage fee; and,
WHEREAS, Eastlake Development Company ("Owner") is the owner of certain property in
and adjacent to the Telegraph Canyon Road, the developmen!: of which is dependent
upon the construction of the specified drainage facilities; and,
WHEREAS, OWner has agreed to advance the funds necessary to finance the preparation
of the drainage plan and implementation of the drainage fees subject to
reimbursement from the proceeds of such fees if and when implemented and collected.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS.
SECTION 1.
The foregoing recitals are true and correct.
SECTION 2.
That the
Office of
execution:
following
the City
consultant
Clerk are
agreements which are on f ile in
hereby approved and authorized
the
for
A. George T. Simpson, Project Manager
B. Willdan Associates, Engineer
SECTION 3.
That the Reimbursement Agreement by and between the City of Chula Vista
and the Eastlake Development Company which is on file in the Office of
the City Clerk is hereby approved and the execution thereof is
authorized.
day of
MAYOR
CITY OF'CHULA VISTA
STATE OF CALIFORNIA
APPROVED and ADOPTED this 12th
ATTEST.
/7 ,.zi
c;{jJ~{:' ///. ~-7r(/~~/
'/CITY OF CHULA VISTA
STATE OF CALIFORNIA
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. 13407 ,was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of said City Council
held on the 12th day of Januarv 1988, and that the same was
passed and adopted by the following vote:
AYES:
COUNCIL MEMBERS
Malcolm, Nader, Moore, Cox
NOES:
COUNCIL MEMBERS
None
ABSENT:
COUNCIL MEMBERS
McCandliss
ABSTAIN:
COUNCIL MEMBERS
None
EXECUTED this 19th
day of
January I 1988, at Chula Vista, California.
~~~
t/CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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CllY OF
CHUIA VISTA
/ ~ '1'/
Exhibit d
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AGREEMENT FOR SERVICES
THIS AGREEMENT, entered into this 12th day of
between THE CITY OF CHULA VISTA,i3municipal
referred to as "City"), and WILLDAN ASSOCIATES
as "Engineer").
January , 1988, by and
corporation (hereinafter
(hereinafter referred to
WIT N E SSE T H:
WHEREAS, development
improvement of Telegraph
drainage facility, and
in the area of Telegraph Canyon Road and the
Canyon Road require the construction of a
WHEREAS, the City is considering the finance of the construction of
this drainage facility with a drainage fee imposed pursuant to Article 5,
Section 66483 of the Map Act of the State of California and
WHEREAS, the EASTLAKE DEVELOPMENT COMPANY ("Developer") has
proposed to advance the necessary funds for the preparation of a drainage
plan and ordinance, and
WHEREAS, City is desirous of retaining Engineer to perform various
engineering functions associated with the preparation of a Drainage Plan and
Ordinance for the Telegraph Canyon Road drainage area.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between
the parties hereto as follows:
SCOPE OF SERVICES
SECTION 1
Under the provIsIOn of the City Manager or his designated representative,
Engineer shall perform the following services:
A. Preparation of a "DRAINAGE PLAN for the Telegraph Canyon Area.
1. Drainage area boundary map
2. Assessor's parcels and ownership map within the drainage area.
3. Description and cost estimate of faci Iities proposed to be bu i1t.
4. Map showing the location of facilities proposed to be built.
Note: Alignment, hydrological and design studies with cost
estimates will be provided by the Developer.
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B. Preparation of a "Drainage Fee Report".
1. Based on the "Drainage Plan" developed in A above, determine a
per acre uniform fee based on gross acres of undeveloped land
within the drainage basin less dedicated areas for public facilities.
2. Address fee collection, development conditioning, incidental costs,
consideration in lieu of fees, and fund advances.
C. Preparation of a feasibility analysis of overlaying a Community Facilities
District (Me.Uo-Roos) or a 1913 ACT Assessment District to provide an
alternative method for an owner/developer to pay Drainage Fees with
bond proceeds and advance the construction of needed drainage
facilities.
D. Attend meetings as required with staff and Council/Roard of Super-
visors.
SCHEDULE OF WORK
SECTION 2
The amount of time estimated to complete the actions and tasks is about 180
days. The general services provided under this Agreement shall be continu-
ing until completion of the project or termination of this Agreement.
SECTION 3
FEE FOR SERVICES
Engineer shall perform the assessment engineering and related services as
set forth in Section 1 for a fee based on the following:
A lump sum fee of $25,000, payable in monthly progress payments based on
percentage of work completed. The fee includes preparation of the Drainage
Ordinance by special counsel (Brown & Diven) acting as subconsultant to
Willdan.
SECTION 4
SERVICES RY CITY
City agrees to furnish to Engineer, in a timely manner, such maps, records
and other documents and proceedings, or certified copies thereof. as are
available and may be reasonably required by Engineer in the performance of
these services.
SECTION 5
CONFLICT OF INTEREST
Engineer presently has and shall acquire no interest whatsoever in the sub-
ject matter of this Agreement, direct or indirect, which would constitute a
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conflict of interest or give the appearance of such conflict. No person
having any such conflict of interest shall be employed or retained by Engi-
neer under this Agreement.
SECTION 6
TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, Engineer shall fail to fulfill in a timely and proper
manner his obligations under this Agreement, or if Engineer shall violate any
of the covenants, agreements, or stipulations of the Agreement, City shall
have the right to. terminate this Agreement by giving written notice to Engi-
neer of such termination and specifying the effective date thereof, at least
five (5) days before the effective date of such termination. In that event,
all finished or unfinished documents, data, studies, surveys, drawings,
maps, reports, and other materials prepared by Engineer shall, at the option
of City, become the property of City and Engineer shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
on such documents and other materials up to the effective date of notice of
termination, not to exceed the amounts payable under Section 3,
hereinabove.
SECTION 7
TERMINATION FOR CONVENIENCE OF CITY
City may terminate this Agreement at any time and for any reason by giVing
written notice to Engineer of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such
termination. In that event, all finished and unfinished documents and other
materials described in Section 6, hereinabove, shall, at the option of the
City, become City's sole and exclusive property. If the Agreement is termi-
nated by City as provided in this paragraph, Engineer shall be entitled to
receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termina-
tion. Engineer hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth in Section 3,
hereinabove, in the event of such termination.
SECTION 8
ASSIGNARILlTY
Engineer shall not assign any interest in this Agreement. and shall not
transfer any interest in the same (whether by assignment or novation),
without prior written consent of City; provided. however, that claims for
money due or to become due to Engineer from City under this Agreement
may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of such assignment or transfer shall be
furnished promptly to City. Any assignment requiring approval may not be
further assigned without City approval.
1~-/7
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OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
SECTION 9
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems, and any other materials or properties produced under
this Agreement shall be the sole and exclusive property of the City, No
such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights, or patent right by
Engineer in the United States or in any country without the express written
consent of the City. City shall have unrestricted authority to publish,
disclose (as may be limited by the provisions of the Public Records Act),
distribute, and gtherwise, use, copyright or patent, in whole or in part,
any such reports, studies, data, statistics, forms or other materials or
properties produced under this Agreement.
SECTION 10
INDEPENDENT CONTRACTOR
City is interested only in the results obtained, and Engineer shall perform
as an independent contractor with sole control of the manner and means of
performing the services required under the Agreement. City maintains the
right only to reject or accept Engineer's final work product as each phase of
this Agreement is completed. Engineer and any of Engineer's agents,
employees, or representatives are, for all purposes under this Agreement,
an independent contractor, and shall not be deemed to be an employee of
City, and none of them shall be entitled to any benefits to which City
employees are entitled, including, but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave, or other leave
benefits.
CHANGES
SECTION 11
City may, from time to time, require changes in the scope of the services by
Engineer to be performed under this Agreement. Such changes, including
any increase or decrease in the amount of Engineer's compensation, which
are mutually agreed upon by City and Engineer shall be effective as
amendments to this agreement only when in writing.
INSURANCE
SECTION 12
Engineer shall maintain, during the term of this Agreement, the following
insurance with companies and on terms satisfactory to City.
A. Worker's Compensation and Employer's Liability Insurance as prescribed
by applicable law.
B. Comprehensive General Liability Insurance (bodily injury and property
damage), in the amount of $1,000,000 occurrence and annual aggregate.
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C. Automobile bodily injury and property damage liability insurance, the
limits of which shall not be less than $1,000,000 per occurrence.
D. City shall be named as an additional insured on each of the above poli-
cies.
E. Design professional liability insurance covering negligent act, errors, or
omissions of Engineer, the limits of which shall not be less than One
Million Dollars ($1,000,000) combined single limit per occurrence and
aggregate.
F. Before comm~ncing work hereunder, Engineer shall provide City with
certificates or other documentary evidence of the above insurance.
SECTION 13
INDEMNIFICATION
Engineer agrees to save, keep, and hold harmless the City of Chula Vista
from all damages, costs, or expenses in law and equity including costs of
suit and expenses for legal services that may at any time arise or be set up
because of damage to property or injury to persons received or suffered by
reason of the operation of Engineer which may be occasioned by any
negligent act or omission to act which amounts to negligence on the part of
Engineer.
I N WITNESS WHEREOF,
Agreement on this 19th day of
City and Engineer have executed this
January ,1988.
THE CITY OF CHULA VISTA
WILLDAN ASSOCIATES
Vista
Vice President
Mayor of
ATTE~ j}:7(*L~
City Clerk . tJ
Approved as to form by:
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WILLDAN ASSOCIATES D ENGINEERS & PLANNERS
Professional Consuiting Services Since 1904
June 28, 1990
Mr. John Lippitt
Director of Public Works
CITY OF CHUL<\ VISTA
276 4th Avenue
Chula Vista, CA. 92010
Re: Telegraph Canyon Drainage Plan
Request for Contract Fee Amendment
Dear John:
The Telegraph Canyon Drainage Plan has been further revised following the property
owner meeting held on April 26, 1990 and the resulting plan was delivered to your staff
. on June 19th and copies of the plan were mailed to each property owner together with
a notice announcing the public hearing on July 10th.
This letter is a follow up to our letter dated S~t~IIlbJ~r8.198-2 in which we outlined
our request for an amendment to our contract dated January 12, 1988, due to the
expansion of the scope of work related to the Telegraph Canyon Drainage Plan. As
you know, the effort to create this plan expanded significantly beyond what was
originally contemplated in both time and content. The expansion and additional effort
was due in large part to the following circumstances:
1. It was proposed that some drainage channel costs should qualify for DIF Credit
and a study was subsequently undertaken by Rick Engineering to estimate the
costs of these changes. This required a new analysis by WilIdan Associates.
,
2. It was proposed that some downstream channel improvements west of I-80S be
included since the channel would be impacted by upstream development. Again,
this required additional effort.
3. EastLake received approval to construct the channel along with widening
Telegraph Canyon Road and bids were received for this work. This changed the
cost estimates in the report to more accurately reflect bid and construction costs
which required still further work by us.
I')..-~O
6363 GREENWICH DRIVE. sum, 250. SAN DIEGO, CAUFORNIA 92122.3939. (619) 457.1199. FAX (619) 452-6680
~
June 28, 1990
Letter to City of Chula Vista
Re: Telegraph Canyon Drainage Plan
Page 2
4. Two property owner meetings were held, one on October 13, 1988 and the one
more recently on April 26, 1990. Additional preparation was necessary for these
meetings.
The lump sum fee in our existing contract is $25,000 which includes $5,000 for the
services of Dan Hentschke in preparing the drainage fee ordinance. However, our
labor and material cost to June 28, 1990 is $31,650. I have confirmed with Dan that
his legal fee will not exceed the $5,000 originally approved.
In light of these circumstances, it is requested that our contract be amended from the
current $25,000 to a not to exceed fee of $36,650.00 to cover these costs through the
anticipated adoption of the plan by the City Council July 10th. Assuming no major
changes or modifications of the plan by the Council, we feel this amount would be
sufficient to complete the project. We would be glad to provide back-up documenta-
tion for your review if necessary.
We would welcome the opportunity to discuss this request further with you at your
convenience. In the meantime, we have taken the liberty of preparing an Amendment
to the Agreement and have attached it for your review.
Thank you for ~our personal attention to this matter.
Very truly yours,
WIllDAN ASSOCIATES
s-~m>S1
Division Manager
GTB:sf
Encl.
copy: Mr. Zoubir Ouadah, City of Chula Vista
JN 36301-F
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FIRST AMENDMENT TO
AGREEMENTFORSER~CES
This First Amendment to Agreement is entered into this _ day of , 1991,
by and between the City of ChuIa Vista (hereinafter referred to as "City") and Willdan
Associates, a California Corporation (hereinafter referred to as "Engineer");
WITNESSETH
WHEREAS, on January 12, 1988, pursuant to Resolution No. 13407, City and Engineer
entered into an Agreement for consultant engineering services to prepare a drainage
fee plan to finance the construction of drainage improvements in the Telegraph Canyon
Drainage Basin; and
WHEREAS, the City has requested Engineer to perform additional tasks and gather
additional information relative to completion of the Telegraph Canyon Drainage Plan.
Such additions will require an amended Scope of Work; and
WHEREAS, the Engineer completed the additional tasks within the additional Scope
of Work of this amended Agreement which was necessary to prepare the final report
for this project, which final report, dated June 6, 1990, was accepted by City Council
on July 10, 1990.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the
parties hereto that the original Agreement is hereby amended as follows:
1. Engineer's responsibilities as set forth in Section 1 ofthe original Agreement are
increased by adding the folloWing thereto: .
A Preparation of a 'DRAINAGE FINANCING PLAN" for the Telegraph
Canyon Area.
5.
Include drainage facilities west of 1-805 as determined by City staff.
6.
Identify costs associated with drainage adjacent to Telegraph
Canyon Road and determine appropriate costs to be included in
cost of improving Telegraph Canyon Road that may apply toward
development impact fee credit.
Revise cost estimates to include bid costs awarded by EastLake
Development Company for work on Telegraph Canyon Road and
the Telegraph Canyon channel.
7.
snlAdminlConrractIJN36301. 1 \2-19-91
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2. Section 3 of the original Agreement is amended by adding the following:
Engineer shall be paid a lump sum fee of $11,650.00 for the additional tasks
listed in Section 1 of the First Amendment to Agreement. This lump sum shall
be in addition to the compensation in the original Agreement for Services. The
total amount of compensation of the Agreement as amended shall be $36,650.00.
This lump sum fee shall include all normal office expenses and subcontractors.
All fees will be payable on a monthly basis upon an invoice submitted by
Engineer based on the tasks completed.
3. All other provisions of the original Agreement dated January 12, 1988 shall
remain in full force and effect except the additions or deletions set forth above.
IN WIlNESS WHEREOF, the City and Engineer have executed this Agreement on
this day of , 1991.
THE CITY OF CHULA VISTA
WILLDAN ASSOCIATES
. Mayor of City of Chula Vista
ATTEST
City Clerk
Approved as to form by:
City Attorney
SF2l.ldmin IConlrGC1VN36301.1 12-19-91
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 3/5/91
ITEM TITLE: Resolution ,,, ()1t~ Approving SCOOT submission of Amended
FY 1990-91 Transportation Development Act (lOA) Article 4.0
claim for Bayfront Trolley Station operations
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager Jt~ (4/5ths Vote: Yes___No~)
The FY 1990-91 Bayfront Trolley Station budget (Activity 2370) contains
$53,380 for operations and maintenance activities, including the Visitor
Information Center. The City of Chula Vista and County of San Diego, in the
Bayfront Station operations and maintenance agreement, commit to share equally
station operating costs. This budget is funded with lease payments from
Cabrillo lanes which ceased when the bowling alley closed. TDA4.0 funds can
be used for Bayfront Station operations, with the exception of Visitor
Information Center operations which can only use 40% lOA funds. In order to
maintain a balance of unrestricted (non- TOA) funds in Activity 2370 as a
contingency for future Visitor Information Center costs not el igible for TOA
funds, staff recommends that all el igible costs this fiscal year, and in
subsequent years, be funded with City and County TOA funds.
RECotfIENDATION: That Council approve SCOOT submission of an amended
FY 1990-91 TDA Article 4.0 claim in the amount of $23,000 for Bayfront Station
ope rat ions, and request $23,000 from the County of San Oi ego for Bayfront
Station operations.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
At the end of this fiscal year, the Bayfront Trolley Station Fund (237) will
have an estimated balance of $46,000, which is revenue from previous Cabrillo
lanes lease payments. Assuming an FY 1991-92 Bayfront Trolley Station budget
of approximately $45,000, the lease revenue funds will be almost depleted by
the end of next fiscal year. Most operations and maintenance activities at
the station (landscaping, site repairs, etc.) are eligible for TDA Article 4.0
funds, wi th the exception of Vi si tor Information Center operat ions (staff
salaries, marketing activities, etc.) which qualify for 40% TOA funding based
on Visitor Information Center staff time spent on transit related activities.
(SANOAG recently conducted a survey at the Visitor Information Center and
determined that approximately 40% of the time spent by Center personnel was on
transit-related activities.)
In the current budget of $53,380, a maximum of $46,000 is eligible for TOA
funding. The Bayfront Trolley Station budget was amended this fiscal year to
pay Charl es Costa Enterpri ses for staff servi ces at the Center and lOA funds
can be used to cover 40% of these costs. Next fiscal year, TDA funds may be
used to fund all station operating costs, assuming no financial support is
required for Visitor Information Center staff.
/3-1
Page 2, Item~
Meeting Date 3/5/91
FISCAL IMPACT: Using eligible TDA 4.0 funds in the amount of $46,000 for
Fund 237 this fiscal year will result in an estimated unrestricted fund
balance of $87,000, compared with $46,000 if no lOA funds are used to
supplement the fund. The unrestricted funds will be reserved as a contingency
for future Visitor Information Center expenditures not eligible for lOA funds.
File: 05-022/05-038
WPC 1388l
/3-)..
RESOLUTION NO.~~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SCOOT SUBMISSION OF
AMENDED FY 1990-91 TRANSPORTATION DEVELOPMENT
ACT (TDA) ARTICLE 4.0 CLAIM FOR BAYFRONT
TROLLEY STATION OPERATIONS
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the FY 1990-91 Bayfront Trolley Station budget
(Activity 2370) contains $53,380 for operations and maintenance
activities, including the Visitor Information Center; and
WHEREAS,
Diego, in the
agreement, commit
the City of Chula Vista and County of San
Bayfront Station operations and maintenance
to share equally station operating costs; and
WHEREAS, TDA 4.0 funds can be used for Bayfront Station
operations, with the exception of Visitor Information Center
operations which can only use 40% TDA funds; and
WHEREAS, in order to maintain a balance of unrestricted
(non-TDA) funds in Activity 2370 as a contingency for future
Visitor Information Center costs not eligible for TDA funds,
staff recommends that all eligible costs this fiscal year, and in
subsequent years, be funded with City and County TDA funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve SCOOT submission of
an amended FY 1990-91 TDA Article 4.0 claim in the amount of
$23,000 for Bayfront Station operations, and request $23,000 from
the County of San Diego for Bayfront station operations.
Presented by
John P. Lippitt, Director of
Public Works
8595a
/3-3
COUNCIL AGENDA STATEMENT
I tern IV
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Meeting Date 3/5/91
Report on Chula Vista Tra:~~~CVT) Study
Director of Public Works (p't/
City Manage~~ (4/5ths Vote: Yes___No~)
At its meeting on January 15, 1991, Council accepted the attached Chula Vista
Transit Study prepared by MTOB and Crain and Associates, authorized staff to
hold a publ ic information meeting on the study, and directed staff to bring
the study back to Council for adoption in concept, and approval of Phase 1
recommendations for implementation in FY 1991-92. A public information
meeting was held on February 6, 1991, to present the study recommendations and
to discuss in detail the Phase 1 proposals.
RECOMMENDATION: That Council:
1. Accept this report.
2. Adopt the Chula Vista Transit Study in concept.
3. Recommend to SCOOT Board that Phase 1 of the study be impl emented in FY
1991-92.
BOARDS/CO"USSIONS RECOMMENDATION: The CVT Study was presented to the SCOOT
El derly and Handi capped Advi sory Commi ttee at its meet i ng on February 26,
1991. The Committee concurred with the study in general and with Phase 1
recommendations.
DISCUSSION:
Over the past several years, the CVT system has experienced substantial
growth; annual ridershi p increases have been between 15% and 20%, and 1 ast
fi sca 1 year's recovery rat i 0 was 43%. A lthough stat i st i ca 1 measures for the
system have been positive, Transit staff felt that a comprehensive analysis of
the system could result in even better service to the community. The City
requested MTOB assistance in this analysis, and a study was performed as a
cooperative undertaking among City Transit staff, MTOB staff, and Crain and
Associates, a consultant to MTOB on this project. Some of the main issues
that were consi dered i ncl uded: how to serve the growi ng areas generally east
of I-80S; improve service on existing routes; serve both the local
transportat i on needs of Chul a Vi stans and regi onal tri ps; and increase the
convenience of riding CVT, incl uding more frequent headways, more consi stent
or "clock" headways, and more direct service.
Although it is difficult to achieve fully every objective, the recommended
changes generally improve service frequency, directness, and convenience of
CVT service with minimal impact on current riders. The existing CVT system is
shown on the attached CVT system map; Phase 1 route recommendations are shown
1'/ -I
Page 2, Item~
Meeting Date 3/5/91
on Exhibit 1; Phase 1 operations statistics are shown on Exhibit 2; and Phases
1 and 2 are shown on Exhibit 3. In addition, slides of the current CVT system
and Phase 1 changes are available for Council to view if desired. This report
will discuss Phase 1 recommendations by route; summarize Phase 2
recommendations; and discuss comments from the public meeting held on February
6.
Phase 1 Recommendations CFY 1991-92 Imolementationl
Route 701: The major changes to route 701 occur in the southern part of the
city. Service is expanded along Main and Anita Streets and the route is
proposed to terminate at the Palomar Trolley Station. The frequency of
operation would be on a 30 minute clock headway compared with the current 35
minute irregular headway. There is a service deletion on a portion of
Palomar, Second Avenue, Quintard and Hilltop Drive; however, access to transit
service will be provided by CVT Routes 701 on Hilltop, 702 on Palomar, new 703
service on Orange Avenue, and by San Diego Transit (SOT) Route 29 on Third
Avenue.
Route 702/702A: The main changes to Route 702/702A are: 702A (the diversion
to 0 Street and Broadway) is eliminated; the route no longer operates north of
H Street to F Street; and the four time daily service from Palomar Trolley
Station to the trailer park on Industrial Boulevard is eliminated. The 702A
diversion to 0 Street was eliminated because of low ridership and because the
initial reason for this service no longer exists. 702A was started a few
years ago when San Diego Transit Route 32 terminated at the H Street Station
and there was no service on Broadway north of H Street. Since that time,
Route 932 started operating which serves Broadway in Chula Vista and National
Avenue in National City. Therefore, passengers in the area now served by 702A
can ride Route 932, SOT Route 29 and CVT 706/706A on Fourth Avenue, or CVT
Route 705 on E Street. Service to F Street was eliminated to provide more
direct service to the H Street Station and because ridership surveys indicate
considerable more ridership to destinations along F Street on Route 701, which
is proposed for increased service under the Plan. The extension to the
trailer park from Palomar Station is operated four times daily but carries an
average of only three people daily. The restructuring of Route 702/702A will
result in more direct service for local riders and riders connecting to the
trolley, and will also make scheduling this route on a- consistent clock
headway feasible. Currently, Route 702 operates on an approximate 75 minute
headway and Route 702A an 80 minute headway; under the proposal, Route 702
will run on a clock headway of 35 minutes.
Route 703: Route 703 is restructured to serve both the H and Palomar Street
Stations, and a new area on Orange Avenue. The present end-of-the-l ine loop
is eliminated to improve service directness. The routing is also changed to
serve H Street in front of the Chul a Vi sta Center instead of accessi ng the
Center from I Street. This change will serve the Center better and also more
destinations along H Street. Elimination of service on a portion of Oleander,
Palomar and Melrose will have minimum impact on current riders, since
passengers can access the new routes 701, 702 or 703. Route 703 currently
operates on an irregul ar headway of approximately 75 minutes. Under the
proposed plan, 703 would operate on a peak (morning and afternoon) headway of
30 minutes and an off peak headway of 50 minutes.
1,/ -;1.
Page 3, Item lei
Meeting Date~
Route 704: Route 704 would not change under Phase I.
Route 705/705A: Route 705/705A was the lowest CVT performer in terms of
passengers per mile in FY1989-90. The route carried 1.33 passengers per mile
(system average was 2.06) and the recovery ratio was 29 percent (system
average was 43 percent). The recommendations for Route 705 are: make Route
705 a more di rect servi ce between the Bayfront Station and the eastern areas
by operating on Boni ta Road instead of Boni ta Mesa Road and Sweetwater Road;
operate a headway of 40 minutes to encourage more commuter ridership,
particularly in the newly developing area of Rancho Del Rey near Otay Lakes
Road.
The changes to Route 705A are: Rename the Route 711 and operate on clock
headway of 50 minutes between Southwestern College and Plaza Bonita via Corral
Canyon road, Sweetwater Road and Bonita Mesa Road. The restructuring of this
route, which operates largely in the unincorporated area, would provide more
frequent service for residents along Corral Canyon, and would offer timed
transfer options with Route 705 on Bonita Road and Plaza Bonita, and with all
the National City Transit routes at Plaza Bonita. Passengers will be able to
access the San Diego Trolley at either the Bayfront Station or the 24th Street
Station in National City.
Route 706/706A: No routing change is proposed under Phase I, but later
evening service and 706A Sunday service is proposed.
Route 707: The change proposed for Route 707 under Phase I is to terminate
the route at Southwestern College and eliminate service along east H Street to
the EastLake area. Thi s change wou1 d allow Route 707 to operate on a 60
minute clock headway; however, this change is not proposed until January 1992,
and is contingent on the implementation of all day service on new Route 709
which will serve EastLake and the area formerly covered by Route 707.
Route 708: No change proposed under Phase I.
Route 709: Route 709 is a new route on H Street, operating between the H
Street Station, Southwestern Co 11 ege, and the EastLake area. It is proposed
that the route would start operating in July 1991 on a 30 minute headway with
fi ve tri ps in the morni ng and six tri ps in the afternoon. The route wou1 d
serve newly developed areas off East H Street, Southwestern College, EastLake
and EastLake Business Center. This service would be expanded to operate at a
greater frequency and all-day as warranted by demand and when two capital
projects to support this route are completed - construction of a bus pull-in
west of Hidden Vista Drive on H Street which will allow the bus to stop safely
at this intersection, and development of park and ride location (S) on East H
Street to provide access opt ions for 709 passengers. Expanded 709 servi ce
could begin in January 1992, but depends upon completion of the pull-in and
passenger demand.
/'1-3
Page 4, Item~
Meeting Date 3/5/91
The proposed Phase I CVT Plan reflects annual miles operated of approximately
1.1 million, an increase of approximately 428,500 miles (+63%) over the
current fiscal year. The estimated City of Chula Vista Transportation
Development Act (TDA) 4.0 apportionment for next fiscal year, not including
reserve funds, is $2.8 million. Considering the estimated CVT operating cost
for next fiscal year, and a reduction in the fare box recovery ratio to 35
percent from the present 43 percent, sufficient funds will be available to
operate the servi ce recommended under Phase 1. An i ni t i al reduction in the
CVT system farebox recovery ratio is assumed for planning purposes, since new,
more frequent and later night services introduced might take time to build
ridershi p; however, it is ant ici pated that the servi ce changes recommended
will result in future productivity increases by attracting new riders and
encouraging current riders to use the system more often.
Phase 2 Recommendations lFY 1992-93 Imolementationl
Phase 2 changes are incorporated in Exhibit 3, and include the following:
- Start a new route (912) between the Palomar Station and Southwestern
College via Palomar Street, Naples and Telegraph Canyon Road;
- Change Route 704 to operate between the Bayfront Trolley Station and
Palomar Station along Fourth Avenue, thus eliminating service to
Southwestern Co 11 ege (servi ce to Southwestern Coll ege woul d be
provided primarily by Route 709 on H Street, Route 705, Route 711 and
the new Route 912 from Palomar Trolley Station.);
- Consider changes to Route 707 which would include: elimination of the
route, or restructuri ng the route to termi nate possi bly at Communi ty
Hospital.
- As part of Phase II, staff wi 11 also reevaluate the changes made in
Phase I and recommend modifications as warranted.
Public Information Meetino
A public information meeting on the CVT study, focusing on Phase I, was held
in the Council Chambers on February 6, 1991. The publ ic was notified of the
meeting as follows: approximately 4,000 "take one" notices were placed on all
CVT routes; 50 notices were mailed to specific individuals and organizations;
and a notice was placed by the City Clerk's office at the Civic Center.
Twenty-eight individuals attended the meeting in addition to City staff. The
meeting lasted from 5:30-7:30 p.m. Comments about the study and about CVT
service in general included the following:
General Comments
Requests for more frequent servi ce, more ni ght servi ce, more servi ce on
the weekend and schedules that were more consistent (clock headways).
/'1-'1
Page 5, Item--.lL
Meeting Date 3/5/91
Some individuals spoke for a route structure based more on a grid system
and encouraging transfers while others wanted routes that diverted to
major destinations.
Some felt that all-day express service on H Street to Southwestern
College was warranted now, and others commented that the system should
not provide too much service to Southwestern College.
SDecific Comments on Routes
Objection by a resident to el iminating the current 701 diversion from
Hilltop Drive to Second Avenue and Quintard.
Objection to eliminating Route 702A and 702 from serving the central area
on F Street between Second and Fourth Avenue north of H Street.
Request to extend Route 706/706A to K Street in order to provide access
to Vons Supermarket.
Following are staff responses to the citizen comments:
Additional Service: In its report to Council on January 15, 1991, staff
recommended Phase I annual miles next fiscal year of 1,046,625, an increase of
53 percent over the current mi 1 es operated. However, based on the comments
received at the meeting, where many citizens requested more frequent service
and later ni ght servi ce duri ng the week and on weekends, staff reeval uated
each route schedul e and is now recommendi ng annual mil es of 1,111,000, or an
increase of approximately 67 percent from the current fiscal year. The
specific service frequency and operating hours of each route is presented on
Exhibit 3. Although the current evening and weekend ridership on CVT routes
is cons i derably lower than duri ng the day, the infrequency and i nconveni ence
of service at night and on weekends probably discourages ridership. It should
also be noted that SANDAG data indicates that over 25 percent of the
home-to-work trips in the region occur between 3 and 6 p.m., thereby
establ ishing a potential market for late evening transit ridership if the
service is available and convenient. Staff will reevaluate the ridership at
night and on weekends next fiscal year and make recommendations to modify the
service as warranted.
Route 701 Di vers i on: One objective of the study was to mi nimi ze
out-of-direction travel on the routes. Directness of service has three main
advantages: shorter travel time for passengers; improved route
cost-effectiveness; and opportunity for more consistent schedules. The
analysis of the Route 701 diversion from Hilltop to First and Quintard
indicated that eliminating this diversion would not impact many individuals
for the following reasons: most passengers in this area are within 1/4 mile
of Route 701 on Hilltop, Route 702 on Palomar, new Route 703 on Orange Avenue,
and SDT Route 29 on Third Avenue. Eliminating this 1-1/2 mile diversion will
result in an estimated cost savings of $54,000 next fiscal year and will
permit Route 701 to operate on a consi stent 30-mi nute headway instead of 40
minutes.
11/-)
/ (J
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Page 6, Item ,'I
Meeting Date 3/5/91
Route 702/702A: Route 702A ridership on Broadway at 0 Street can be served by
route 932, CVT routes 705, 706/706A, and SOT Route 29. The restructured Route
701 will serve the central Chula Vista area and will provide transfer
opportuni ties wi th other routes to thi s area formerly served by 702/702A.
(These changes are discussed in detail on page 2 of this report.)
Route 706/706A Extension to K Street: At the request of riders who wanted
better access to the Lucky Market, Route 706/706A was extended a few years ago
from I Street to J Street. Staff does not recommend extendi ng 706/706A to K
Street for the following reasons: Route 706/706A is designed to serve central
Chula Vi sta, and extendi ng the route to K Street begi ns to serve an area
beyond the "downtown"; thi s extens i on woul d add 1/2 mil e each tri p and reduce
schedule frequency by 5 minutes; SOT Route 29 serves this area and operates on
a 30-minute headway.
In summary, the Phase I recommendations attempt to make CVT a more attractive
transportation option for current and new riders by offering service to new
areas, more frequent and consi stent schedul es, and expanded servi ce at night
and on weekends. The implementation of these changes is planned for July 1,
1991.
FISCAL IMPACT: Sufficient TOA 4.0 funds will be available to implement
proposed Phase I CVT services in FY 1991-92. Based on current preliminary
cost estimates for next fiscal year, CVT operations (including Phase 1
recommendations) would account for an estimated $1.8 million in TOA 4.0 funds,
leaving a balance of $1 million. This amount, added to prior years'
unallocated funds, will result in a City of Chula Vista TOA 4.0 estimated fund
balance of $5.1 million for future operations and capital expenditures.
WPC 1389T
It( -61
I'
COUNCIL AGENDA STATEMENT
Item IS-
Meeting Date 3/5/91
SUBMITTED BY:
Report: American Youth Hostels' request to conduct a bicycle tour
Director of Parks & Recreatio~
City Manager}~~ (4/5ths Vote: Yes_No.JlJ
The San Diego Council American Youth Hostels is requesting permission to conduct
the Annual Ameri can Youth Hostel s (AYH) Internat i ona 1 Bi cycl e Tour on Sunday,
March 10, 1991.
ITEM TITLE:
REVIEWED BY:
RECOMMENDATION: That Council approve the request subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The American Youth Hostels is requesting permission to conduct their Fifth Annual
International Bicycle Tour on Sunday, March 10, 1991. The ride is scheduled to
start at 8:00 a.m. from the J Street Marina parking lot, and will travel south
and east to the Otay Mesa border crossing. After touring in Mexico, the ride
will re-enter the U. S. at the San Ysidro checkpoint, and terminate at the J
Street Marina (see Attachment A). The sponsor is expecting approximately 1,000
riders to participate.
The sponsor wi 11 be ut il i zi ng the support servi ces of Southwest React Teams (CB
radi 0) and the Ameri can Red Cross Safety servi ces. There wi 11 be ri de marshal s
at several rest areas along the route, as well as mounted offi ci a 1 s supervi sing
the riders.
The sponsor will be providing portable toilets, and is coordinating requests for
approval wi th other affected agenci es i ncl udi ng Rohr Industri es. The San Di ego
Unified Port District has approved the event. Participant parking will be
handled at the Rohr Industries' parking lots.
Approval should be subject to the following conditions:
1. Recei pt of a copy of the insurance cert i fi cate for $5 mi 11 i on general
liability naming the City as additional insured.
2. Receipt of a hold harmless agreement signed by the sponsor.
3. Confirmation of Port District approval of the event.
4. Provision of adequate crowd and traffic control for the event at
sponsor's expense.
5. Clean-up of any litter created by the event.
FISCAL IMPACT: Other than administrative costs incurred in processing this
request, there is no direct fiscal impact to the City.
WPC 1613R
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COUNCIL AGENDA STATEMENT
Item /10
Meeting Date 3/5/91
ITEM TITLE: a} Public Hearing considering the vacation of a portion of Glover
Avenue adjacent to 374 H Street (Resolution of Intention
No. 16064)
b} Resolution /{"O'er Ordering the vacation of a portion of
Glover Avenue adjacent to 374 H..~t~
SUBMITTED BY: Director of Public work~~
REVIEWED BY: City Manager r (4/5ths Vote: Yes_No...L)
Council Referral #2125
Mr. Gil Turull 01 s, owner of the property at 374 H Street, has requested a
right-of-way vacation by the City in order to reduce the impact on the
developable area resulting from the dedication of right-of-way for the future
widening of H Street.
At the Council meeting of February 12, 1991, the public hearing to consider
the vacation was set for March 5, 1991.
RECOMMENDATION: Staff recommends approval of the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Council directed staff to review a written request by Michael A. Green on
behalf of his clients Victor Uranga, M.D. and Gill Turullols, M.D. relating to
street dedications associated with development of a parcel at the corner of H
Street and Glover Avenue.
The City has met with Mr. Green and his cl ients to determine an acceptable
solution to their concerns. The dedication in question is along H Street and
required an additional 18 feet to be granted to the City. Traffic projections
indicated that a six-lane major street will be necessary in the future as
reflected in the adoption of the circulation element of the General Plan. The
dedication is warranted by the generation of additional traffic which will be
created by the proposed development.
As a result of our meeting with Mr. Green and his cl ients, staff recommends
that Council vacate 10 feet of Glover Avenue adjacent to the project at no
cost to the developer to reduce the impact on the developable area resulting
from the dedication of 18 feet along H Street (see Exhibit A). The half width
right-of-way on Glover Avenue is currently 40 feet. Ultimate street half
width right-of-way under current standards requires a 30 foot width. The City
is getting 1,800 sq. ft. of right-of-way and is giving up only 770 square
feet. This trade-off is a unique situation and will not set a precedent with
properties along H Street.
Council adopted the Resolution of Intention to vacate on February 12, 1991.
11,- /
Page 2, Item~
Meeting Date 3/5/91
The right-of-way cannot be summarily vacated because of the existence of
public utility facilities. A condition of vacation will be to provide
easements for SDG&E and Pacific Bell facilities located within the subject
right-of-way and to dedicate the right-of-way along H Street.
All other utility companies were contacted regarding the proposed vacation and
have no objections.
FISCAL IMPACT: None.
JA: fp/PV-048
WPC 5510E
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RESOLUTION NO. 16089
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A PORTION
OF GLOVER AVENUE ADJACENT TO 374 H STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Mr. Gil Turullols, owner of the property at 374
H street, has requested a right-of-way vacation by the City in
order to reduce the impact on the developable area resulting from
the dedication of right-of-way for the future widening of H
Street; and
WHEREAS, by Resolution No. 16064,
February 12, 1991, notice of intention to vacate a
Glover Avenue adjacent to 374 H Street was given; and
adopted
portion
on
of
WHEREAS, notices required by Streets and Highways Code
Section 8323 have been posted; and
WHEREAS, Tuesday, the 5th of March, 1991, at 4:00 p.m.
in the Council Chambers of the City of Chula vista was fixed at
the time and place for hearing any objections to such vacation,
and the Council having heard all interested persons.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby order (1) upon receipt from
the property owner of an irrevocable offer of dedication for
pUblic right of way of eighteen feet (18') along the north
frontage of the subject property contiguous to H Street, (2) upon
receipt of $2,000 payable to the Ci ty of Chula Vi sta, and (3)
grant of easements to SDG&E and Pacific Bell for utilities, the
vacation of that portion of Glover Avenue east of and directly
adjacent to 374 H Street as described in Exhibit A.
BE IT FURTHER RESOLVED that said vacation is more
particularly described in Exhibit "A", attached hereto and
incorporated herein by reference as if set forth i~ full, and the
same be deemed vacated upon occurrence of the cond~ions precedent
herein set forth, and at that time shall be recorded as vacated
in accordance with Section 8324(b) of the California Streets and
Highway Code in that said property is unnecessary for present or
prospective use.
Presented by
Z
Bruce M.
as to form by
Of-
Boogaard, City Attorney
John P. Lippitt, Director of
/.Public Works
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VACATION AT SW CORNER OF H STREET AND GLOVER AVENUE
LEGAL DESCRIPTION
THAT PORTION OF LOT 17, QUARTER SECTION 138, OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO ACCORDING TO MAP THEREOF NO.
1421,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY
DESCRIBED AS FOllOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF l.C. OAKLAND'S SUBDIVISION,
ACCORDING TO MAP THEREOF NO. 1421 RECORDED MARCH 8, 1912, SAID BEGINNING BEING
THE TRUE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG EASTERLY LINE OF LOT
8, 47.80 FEET AND CONTINUING NORTHERLY ALONG SAME LINE WHICH BECOMES THE
EASTERLY LINE OF LOT 7, 29.85 FEET; THENCE NORTHEASTERLY ALONG A LINE PARALLEL
TO THE NORTHERLY LINE OF LOT 7, 10.00 FEET; THENCE SOUTHEASTERLY ALONG A LINE
PARALLEL TO THE EASTERLY LINE OF LOTS 7 & 8, 77.65 FEET; THENCE SOUTHWESTERLY
ALONG THE SOUTHERLY LINE OF LOT 8, 10.00 FEET TO THE TRUE POINT OF BEGINNING.
/19-1
RESOLUTION NO. I (,,0'i?'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE VACATION OF A PORTION
OF GLOVER AVENUE ADJACENT TO 374 H STREET
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Mr. Gil Turullols, owner of the property at 374
H street, has requested a right-of-way vacation by the City in
order to reduce the impact on the developable area resulting from
the dedication of right-of-way for the future widening of H
street; and
WHEREAS, by Resolution No. 16064, adopted on
February 12, 1991, notice of intention to vacate a portion of
Glover Avenue adjacent to 374 H Street was given; and
WHEREAS, notices required by Streets and Highways Code
Section 8323 have been posted; and
WHEREAS, Tuesday, the 5th of March, 1991, at 4:00 p.m.
in the Council Chambers of the CIty of Chula vista was fixed at
the time and place for hearing any objections to such vacation,
and the Council having heard all interested persons.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby order the vacation of a
portion of Glover Avenue adjacent to 374 H Street subject to the
condition to provide easements for SDG&E and Pacific Bell
facilities located within the subject right-Of-way and to
dedicate the right-of-way along H Street.
BE IT FURTHER RESOLVED that said vacation is more
particularly described in Exhibit "A", attached hereto and
incorporated herein by reference as if set forth in full, and the
same is hereby vacated in accordance with Section 8324(b) of the
California Streets and Highway Code in that said property is
unnecessary for present or prospective use.
John P. Lippitt, Director of
Public Works
8602a
Presented by
Iff; ..5
~~
.............
.
NOTICE OF CORRECTION
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 Chul a Vi sta, Cal iforni a, for consi derati on of an i ntenti on to vacate a
portion of Glover Avenue adjacent to 374 "H" Street.
Sai d acti ons were initi ated on November 15, 1990, by 1 andowner request for
ri ght-of-way vacati on in order to reduce the impact on the devel opabl e area
resulting from the dedication of right-of-way for the future widening of "H"
Street.
If you wish to challenge the City's action on this intention in court, you may
be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, March 5,
1991, at 4:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: February 20, 1991
Beverly Authelet
Ci ty Cl erk
Ill.')
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(sDUTII~sr CORNER of H':fr. I Gl.tJVE'Ir AVE.)
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CI Nell OffICES
CIlUlA VISTA. CA
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"MICHAEl.' A. GREEN
ATTORNEY AT LAW
53!:'> "H" STREET
('IIIII.A VISTA., CA.LIFORNIA 92'010
,
1t5lill "25-"020
~eptember 5, 1990
Honor:\bjf'" ~ll':OI' and \"1 ty (cuneI!
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f'hu!ll \'jKtn. C..\ 'J~\llU
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Ht'"'.IU,.-.Sl fo?' w1i.iv("r of de-dient.ion reqllir~m("l)t.
~o\lt"hwes[ ('~rr10r of "H" Street and Glover Avenue
HC1llorRble ~a"'or and I: j t ~., r":ollnr.: i 1:
rppr'es..."t \, jctor lr,.,,,ga. H.D. and ('il Turullos. owners of
thp prODel"t' aT llle SOllthwest cornpr of "H" Street and Glover
\~pnue, ~'^ c:li0nts ~Oll](j likr t.o dc\"elop a small m~dical
tlui Idjn~ nil thc' propprtv. whleh they recent purcha~ed.
.~t i1 ,1p~jgrl l't'\'JPW m0et.irl~ helli JIJne 1st of this vear. my
clieflt:-- ~...rE' ird')rmpd of u r€"quirem~nt that lht:'~" dedicate 18 feet
;\.1 la',','nl '" "II" :".1,1'(>"\ for' a flltUI',> wideninl1: of "H" Street. This
1"( '.II:'; t"('i!I<,nt \,:':JII),I \';l\lS(~ a ~"'P1tt hardship.
!II ;at1.iilinn It 1 I~". )IISS of land, 1,JeaHc considpf' t.hat. whL'n
tiH"'ll' '\l'~-hJt(',.t ltlqllir"pd, he ,,'as told there was 110 need for
nr-chit..?cturni !('\"iE-'''". ApP:lr(~nt.ly. this becamE." a factor after
.;;lllllft,"" 1, 19~1i.l. B~t!=.E-'d 011 t.his.:. thp architect prepared \\"orkin~
d,I'a...::tI:.!::> t't)r t.ilf:" pro j'.-"Cl.. at fl cost of' about 520.000.00 for m:\'
:J i':"ht"~. ff IIH_' l:~ foot dt~di':-at iOB is requirpd. th€. plans ~ill
be IlselE"s~, sincc. Ill,.. buiJdin~ \I.'ill ha\'(> to be redesilltled. Also.
my ~1 J{"nt~: \\'l'n. nul iflf0I'nlt'.d 01' t he reqllir~ment for dedication
t,efLl'.~ it '~as iIIIPO~?ri - 8PP8r"Pflt.ly this is caused bv the recently
.1t!IJ).It..,..d ~t~n.t~rn.! .-,ian, It IS tlnlikelv that any of t.he property
O\,'IH:>TS alol.lg "H" ~tree-t arC' aWare of' this byproduct of the
adoption of the ~eneral plan.
.!lr"ll(in,;: fr":D tlw r'plati ve YOllt,h 'of many bui Iding;s along; "H",
:..! "e,". j l,j,. d,,,.,,1. t II i t Ita t the dpd icat ionprocpss wi 11 a 110w
\\,dl~Hifl~ .'}f U" ...,t.rfl("t for man~" ~"("'af'R,. if not df2'cades. Since t.he
lil..\ pr'(}haJ~j~',.hd~S 1I0t hH.\'f~ 111(.... r-iHnn('i-t'-l.bilit~" t.o acqui't"e thE"
t'i2h! 01,"'cl)'.,. il is lIrllik(~l~' tll(" kidr>ninq ",'j il occur. If the
,fit;. lS 1I"fl",'(11 jH~ t.ll fHquirp-thf'oddit.ionnl ri5!ht of W~l~'. is it.
"f'ltlj~,'i(' to "'111'1>'.1<':'" thl' sf.J,(.,.,t \,'iLl b("' widpnedo;,
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~ 401 B Street, Suite 800, Sen Diego, CA 92101 . (619) 595.5300 . (Fax (6
BOARD ACTIONS
Febroary 22, 1991
'9J FFB 28 JUG 39
8n OF CHULA ViS"'.4
CLERK'S OFFICE
TransNet FINANCE PLAN: Acting as the Regional Transportation Commission, SANDAG
Directors accepted for review and comment the draft 1991 TransNet Plan of Finance which
includes schedules for implementing major TransNet funded projects. Directors also approved
issuing sales tax revenue bonds for the current Finance Plan. The Plan (updated every two
years) was developed in 1989 to provide a financing strategy for implementing the TransNet
program. The 1989 Plan of Finance provided the basis for the first sales tax revenue bond issue
of $175 million in October 1989. Nearly $1.5 billion in debt fmancing over the life of the
program will be required to meet the f1n~ing needs of the TransNet highway, transit, and local
street and road projects. The debt fmancing assumptions included in the draft 1991 Plan of
Finance are based on the issuance of sales tax revenue bonds every other year to meet cash flow
needs for TransNet projects for the two year period.
SOLID WASTE FINANCING: The Integrated Waste Management Task Force (the SANDAG
Board) and its Advisory Committees held a workshop to discuss solid waste financing issues and
host fees. This subject is important because new types of regional cooperation on financing
issues are needed to help solve the region's solid waste management problems, for disposal
facilities as well as for recycling programs and facilities. The Task Force directed the Advisory
Committees to develop criteria for "mitigation fees" to cover the impact(s) of siting solid waste
facilities throughout the region.
TRANSPORTATION CONTROL MEASURES FOR AIR QUALITY: SANDAG Directors
accepted for distribution preliminary transportation control measures (TCMs) for the region's
Air Quality Plan. SANDAG is responsible for the development and approval of the TCMs based
on criteria adopted by the Air Pollution Control Board. The implementation of TCMs will
improve air quality by reducing the emissions from motor vehicles. Following a review period,
fmal TCMs will be presented to the Board of Directors in April.
OPEN SPACE: Serving as the Regional Planning and Growth Management Review Board,
SANDAG Directors approved the definition of regionally significant open space as an element
of the Draft Regional Growth Management Strategy. Regionally significant open space includes
open water or land areas which should remain natural or land areas which should be retained
in a relatively undeveloped, rural condition. The definition of open space includes the four
major components of the Regional Open Space Plan which are: region-defining open space;
natural resource areas; region-serving open space; and rural lands.
(more-more-more-more)
MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Esoondido,lmparialBaach, La Mesa,
Lemor: Grove. National City, Oceanside, Poway, San Diegc. San Marcos, Santee. Solana Beach, Vista. and ~.unty of S.an O~o'.
ADVISORY/LIAISON MEMBERS: Cainornie Department of Transponatoon, U.S. Department of Defense, and T'Juana/BaJa California.
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SHORELINE PROGRAM FUNDING: SANDAG Directors approved requesting federal
funding on behalf of three local jurisdictions for two shoreline projects in FY92. Oceanside is
seeking $3 million for .the completion of the Sand Bypass system at Oceanside Harbor. The
Oceanside S~d Bjpass ~ystem will ensure continual replenishment of beaches which have been
seriously eroding. The Cities of Coronado and Imperial Beach are requesting funds
(approximately $400,()()Qj for a study of potential shoreline erosion control and storm damage
prevention measures m'the Silver Strand area. The study, estimated to take one year, would
review alternatives and propose specific projects to counter erosion and storm damage along the
Coronado and Imperial Beach shorelines.
OTHER ACTIONS: Directors unanimously appointed councilmembers Barry Jantz (La Mesa)
and Kris Murphy (Escondido) to the Outer Continental Shelf Task Force. . . Serving as the
Regional Transportation Commission, the Board appointed the Department of Defense, the Air
Pollution Control District, the California Highway Patrol, and the Transportation Management
Council to the Regional Transporation Advisory Committee . . . According to the TransNet
Highway Program Progress report for January 1991, contract documents for the two SR52 East
projects between 1-15 and Mission Gorge Road and for tpe SR56 East project are being prepared
for construction bidding by CALTRANS. .
For more information, contact SANDAG's Public Information Specialist Eunice Tanjuaquio at
595-5300.
######
, NOTICE OF CORRECTION
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 Chula Vista, California, for consideration of an intention to vacate a
portion of Glover Avenue adjacent to 374 "H" Street.
Said actions were initiated on November 15, 1990, by landowner request for
ri ght-of-way vacati on in order to reduce the impact on the de vel opabl e area
resulting from the dedication of right-of-way for the future widening of "H"
Street.
If you wish to challenge the City's action on this intention in court, you may
be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence
delivered to the City Council at or prior to the public hearing.
SAID PUBLIC HEARING WI LL BE HELD BY THE CITY COUNCIL on Tuesday, March 5,
1991, at 4:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: February 20, 1991
Beverly Authelet
City Clerk
Ih - /I
Imperial ~avj~gs & Loan
Attn: Controller
Zieta B. Moyer
tllllfPersimmon Place
~rside, CA 92506
.am s H. Tussing
lover Avenue
hula Vista, CA 91910
~vio & Eliza Cardona
.. Tram Pl ace
Chula Vista, CA 91910
.Nirmal & Snehlata Kumar
W. Foothill Blvd.
Arcadia, CA 91006
~hi yat Allen
. Rio San Diego Dr, .
an Diego, CA 92108
Gloria A. Harpenau
IIIIIIJGlebe Road
Lemon Grove, CA 92045
~ Burns
~ Fourth Avenue
-Chula Vista, CA 91910
Eleanor M. Light
10 Venus A 1 ano
Halecrest Drive
ula Vista, CA 91910
~ & Elsie M. Pickrel
-. Glover Avenue
Chula Vista, CA 91910
William M. O'Connell
c/o Carol A. Dixon
_Alta Drive
~onal City, CA 91950
M. D. Redding, M.D., Inc.
c/o Wells Fargo Bank RPM-931
~ 94163
8' s Memorial Hospitals
enesee Avenue
a Jolla, CA 92037
L & L Partnership
..., H Street, Suite F
Chula Vista, CA 91910
'" -Id.-
James P. Brennan
"""Ruffin Road
~Diego, CA 92123
Gil & Sylvia Turullols
Victor Uranga
"""Alameda Blvd.
~ado, CA 92118
~ D. & Patti S.
_printer Lane
Bonita, CA 91902
Cox
Ernest & Jane Schnepf
.~ Glendale Federal
_ N. Brand Blvd.
Glendale, CA 92103
~llis E. Learned
"Vallecito Way
Chula Vista, CA 91910
Eugene & Joyce Duhamel
_ Glover Street
Chula Vista, CA 91910
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VACATION O~ GL()V€~ AVE. AT 374 'II'sr.
(SOUTUWEST COIUlcR 0': H'Sr: J (jt(JVE~ AVG.)
OAr E
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March 1, 1991
FROM:
() The Honorable City Council
~ Leonard M. Moore, Mayor pro Tempore
MEMO TO:
SUBJECT:
REQUEST FOR USE OF FUNDS - IRAPUATO TRIP
March 8-25, 1991 our sister city, Irapuato, Mexico, will conduct their annual
strawberry festival. A special invitation has been extended for our
participation to honor the twentieth anniversary of our Sister City relationship.
The International Friendship Commission will appoint one commissioner to
attend the celebration and represent the City of Chula Vista.
It is, therefore, requested that funds not to exceed $450 be expended from
Council's Travel Account (100-0105-5221) to cover airfare and hotel
accommodations for one Commissioner and that the Mayor/Council Secretary
be directed to process appropriate paperwork.
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