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Home My WebLink About1991/06/11 Agenda Packet "1 (c.:-:' ~"'C; ~;:; ',~,~ r'-::n~::;;;\r ~"~: F~': ~: ~:/-:':l; ;';~\.. ~. :~l"':~: ~ am \ ',~"': ,0' :n ':'"';'J I' ,. ., .. ,:]:~ :,: :" i'i}-': ~_.,i: .:'; .:::; ~J :;~ Tuesday, June 11, 1991 6:00 p.m. L, .! C ~-' ,,' '-J:~i ~}~ (;i~~: hg;; on , ..---...-....-.-.---...-- Council Chambers Public Services Building ~H :~ ",:,',) Relmlar MeetinS?: of the City of Chula Vista City Council CAILED TO ORDER 1. CAll. 1HE ROIL: Councilmembers Malcolm ~ Nader ~ Rindone _ and Mayor Pro Tempore Moore _" 2. PLEDGE OF AlLEGIANCE TO 1HE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: June 4, 1991 4. SPECJAL ORDERS OF 1HE DAY: a. Proclaiming the month of June 1991 as "Say Yes To Kids Month" - Proclamation will be presented to Gerlinde Topzand, Chair of the 'Say Yes to Kids Faire' b. Oaths of Office: Bill H. Harter, Jr. - Board of Appeals SUsan A. Hearney - Board of Ethics Suzanne Ramirez - International Friendship Commission Richard M. Pitts III - Safety Commission CONSENT CALENDAR (Items 5 through JO) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or CiJy stoff requests that the i1em be pulled for discussion. If you wish to speak on one of these items, please fill out a 'Request to Speak Form' available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Public Hearin[!yY, Oral Communications, and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: a. Letter requesting waiver of fees for expansion of Hilltop Baptist Church located at 740 Hilltop Drive - Tim P. Jones, Church Land Planning Consultant "J (c.:;" ~ '::; ~;:;" r rr.n::-;;:,'/ :....~ ~;!~~: j am F--~. ~: L ;(; ~' :~"'," ;-:, ',- - .... '~':~..~;:) ~n:'-;,,} j' , "..J." .'1:1,.: ,J. i' \)'~ ,;;1 ~:;.- i ,:., ,. ~. .':; -.1:; ~ Tuesday, June 11, 1991 6:00 p.m. t:-- c', .,1, (: ~;., :'. ::1\.1 ::!'~ Cii..:,' h3;; l"'n ,,' ., " Council Chambers Public Services Building Re5!:Ular MeetinS! of tbe City of Chula Vista City Council CAlLED TO ORDER 1. CAlL THE ROIL: Councilmembers Malcolm ~ Nader ~ Rindone _ and Mayor Pro Tempore Moore _' 2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINlITES: June 4,1991 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming tbe montb of June 1991 as "Say Yes To Kids Montb" - Proclamation will be presented to Gerlinde Topzand, Chair of tbe "Say Yes to Kids Faire" b. Oaths of Office: Bill H. Harter, Jr. - Board of Appeals Susan A. Heamey - Board of Etbics Suzanne Ramirez - International Friendship Commission Richard M. Pitts III - Safety Commission CONSENT CALENDAR (Items 5 through JO) The staff recommetulations regarding the following items fisted uruJer the ConsenL Calendar will be enacted by the Council by one motion without discussion unless a Couru;iImember, a member of the publil: or City stoff requests that the iJem 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 recommetulation; complete the pink form to speak in opposition to the staff recommetulation.) Items pulled from the ConsenL Caletu1ar will be discussed after Publil: Hearings, Oral Comnumil:ations, atu1 Action Items. Items pulled by the public will be the Jim items of business. S. WRITTEN COMMUNICATIONS: a. Letter requesting waiver of fees for expansion of Hilltop Baptist Church located at 740 Hilltop Drive - Tim P. Jones, Church Land Planning Consultant Agenda -2- June 11, 1991 6. ORDINANCE 2461 ESTABUSI-llNG A SPECIAL SEWER SERVICE RATE AREA AND COMPONENT ZONES FOR EASTLAKE GREENS SUBDMSION AND TIlE OLYMPIC TRAINING CENTER (second readins<:: and adoption) - Eastlake Greens requires three sewer pump stations to pump sewage to the nearest available gravity sewer system. Approval of the agreement and adoption of the ordinance enables the City to collect sufficient funds from properties served by the pump stations to provide for operation and maintenance by City forces. Staff recommends Council place ordinance on second reading and adoption. (Director of Public Works) 7. RESOLUTION 16191 AFFIRMING TIlE TRIAL TRAFFIC REGULATION-PARKING PROI-llBITED DURING CERTAIN HOURS ON OJ" STREET AND CORTE MARIA AVENUE - It is necessary to prohibit parking, except for school busses, to allow for a continuous school bus loading/unloading zone at Hilltop Elementary School. Staff recommends approval of the resolution. (Director of Public Works) 8. RESOLUTION 16192 AFFIRMING TIlE TRIAL TRAFFIC REGULATION-AIl.WAY STOP AT TIlE INTERSECTION OF AVENIDA YSIDORNCAU.E SANTIAGOIRAIN FOREST ROAD . A trial traffic regulation was established for an all-way stop controlled intersection atAvenida YsidorajCalle Santiago/Rain Forest Road. Staff recommends approval of the resolution. (Director of Public Works) 9.A. RESOLUTION 16195 AurnORlZiNG ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND OFFICIAL STATEMENT FOR AN ASSESSMENT DISTRICT FOR ASSESSMENT DISTRICT NUMBER 88-1 - These are the closing resolutions for the Otay Lakes Road Phase I assessment district proceedings. They approve certain bond-related documents and award the bond sale to the lowest bidder. They also approve the Security Enhancement Agreement which provides a safety factor for assessed parcels whose value-to- assessment ratio is less than three to one. Staff recommends approval of the resolutions. (Director of Public Works/Finance) B. RESOLUTION 16196 MAKING AWARD FOR SALE OF BONDS AND PROVIDING FOR TIlE ESTABUSHMENT OF A REDEMPTION FUND FOR ASSESSMENT DISTRICT NUMBER 88-1 C. RESOLUTION 16197 AurnORlZiNG AND PROVIDING FOR TIlE SECURl1Y ENHANCEMENT AGREEMENT FOR ASSESSMENT DISTRICT NUMBER 88-1 AND AurnORlZiNG TIlE MAYOR TO EXECUTE SAID AGREEMENT D. RESOLUTION 16198 RATIFYING TIlE FIRST AMENDMENT TO TIlE AGREEMENT WITH THOMAS O. MEADE FOR PROJECT MANAGEMENT SERVICES FOR TIlE OTAYLAKES ROAD, PHASE I ASSESSMENT DISTRICT AND AurnORlZiNG TIlE MAYOR TO EXECUTE SAID AGREEMENT 10. REPORT CONSIDERING OPTIONS FOR REDESIGNATING A LOCAL ENFORCEMENT AGENCY (LEA) AS REQUIRED BY TIlE CAUFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 - The California Integrated Management Act Agenda -3- June 11, 1991 of 1989 (AB 939) requires that each local governing body redesignate a Local Enforcement Agency which meets new state certification guidelines. The report discusses the City's three options and a preliminary recommendation which will need to be fmalized by August 1991. Staff recommends the City Manager send a Letter of Intent to the County of San Diego regarding the City's preliminary interest in designating the County as its LEA for solid waste management activities and direct staff to return to Council in August 1991 with a fmal recommendation for designation. (City Manager) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been odvertised and/or posted as publiJ; hearing< as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" avaiJabk in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the stoff recommendation; compkte the pink form to speak in opposition to the staff recommeruJntion.) Commen1s are limited to five minutes per individual. 11. PUBUC HEARING CONSIDERATION OF A RATE INCREASE FOR TRASH SERVICE PROVIDED BY LAIDLAW WASTE SYSTEMS, INC. - Staff recommends that the public hearing be continued to June 18, 1991. (Assistant City Manager) 12. PUBUC HEARING CITY INITIATED PROPOSAL TO AMEND GENERAL PLAN AND ZONING RECLASSIFICATION TO RESOLVE INCONSISTENCIES - City initiated propo9ll.1 to amend the General Plan and rezone certain territory; generally bounded by"E" Street, "H" Street, Second Avenue, Third Avenue, plus an additional area east of Fourth Avenue between "E" and Davidson Streets, to resolve general plan/zoning inconsistencies within the Central Chula Vista Community. Based on the Initial Study and Negative Declaration, staff finds that the proposed rezonings and General Plan amendments will have no significant environmental impacts. Staff recommends Council adopt the Negative Declaration issued on lS-91-13 for the General Plan/Zoning Consistency Study; adopt the resolution to change the General Plan as described in Exhibits A, B, C, D, and Table I; place ordinance on first reading to change the zones as described in Exhibits A, B, C, D, and Table I subject to specific conditions relative to schools and non- conforming uses. (Director of Plarming) A. ORDINANCE 2462 REZONING CERTAIN TERRITORY WITHIN THE CENTRAL CHJJlA VISTA COMMUNITY, GENERALLY BOUNDED BYE STREET, H STREET, SECOND AVENUE, AND THIRD AVENUE, PLUS AN ADDITIONAL AREA EAST OF FOURTH AVENUE BE1WEEN "E" AND DAVIDSON STREETS, TO GENERALLY REDUCE THE EXISTING PERMITTED DENSITIES FROM R-J TO LESSER DENSmES, AS DEPICTED ON EXHIBITS A, B, C, AND D ATTACHED HERETO (first readinsd B. RESOLUTION 16199 AMENDING THE CHJJlA VISTA GENERAL PLAN FOR SPECIAL STUDY AREA B-1 IN CENTRAL CHJJlA VISTA TO GENERALLY INCREASE THE DENSITY DESIGNATION IN THE LAND USE ELEMENT FOR SAID AREA Agenda -4- June 11, 1991 13. PUBUC HEARING ENACfMENT OF AN ORDINANCE ESTABUSHING A STORM DRAIN FEE- On December 8, 1988, the United States Environmental Protection Agency (EPA) proposed regulations for the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The final version of these regulations was issued on November 16, 1990. These permits will require agencies discharging storm water to develop management programs for the purpose of controlling pollutants. The proposed Storm Drain Fee will pay for the establishment and implementation of said programs. Fee collection is proposed to commence on July 1, 1991. Staff recommends Council place ordinance on first reading and approve the resolution. (Director of Public Works) A. ORDINANCE 2463 ADDING CHAPTERS 3.21 AND 14.16 TO TIiE CHULA VISTA MUMCIPAL CODE TO ESTABUSH A STORM DRAIN FEE AND FUND(first readinld B. RESOLUTION 16200 AMENDING TIiE MASTER FEE SCHEDill.E TO ADD A STORM DRAIN FEE ORAL COMMUNICATIONS This is an opportunity fm the general public to address the City Coundl on any subject mIltteT within the Coundl's jurisdU:tion thiN is not an item on this agenda. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for recmd purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agendJJ are expected to elicit subsuuuiaJ discussions and deliberations by the Council, stoff, m members of the general public. The items will be considered individually by the Council and staff recommendJJtions may in certJIin cases be presented in the altemative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Public commenlS are limited to five minutes. 14. REPORT WATER USE OFFSET POUCY - The report provides an analysis of issues relative to City adoption of a policy regarding water use offsets for new development projects. Staff recommends Council provide direction to prepare a formal "Water Use Offset Policy" for future review and adoption. (Director of Planning) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City COWICil will consider items which have been forwarded to them fm consideration by one of the City's Boards, Commissions and{m Committees. None submitted. Agenda -5- June 11, 1991 ITEMS PUll.ED FROM TIlE CONSENT CALENDAR This is the time the City Couru:il will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by CoundJmembus_ Public comments are limited to five minutes per individual OTIIER BUSINESS 15. CI1Y MANAGER'S REPORTCS) a. Scheduling of meetings. 16. MAYOR'S REPORTCS) a. Public Works Yard and Animal Shelter Relocation, potential site use, associated RFP and early relocation of transit elements to relieve over crowding, etc. b. Consideration to concur with SANDAG Resolution 91-72 - Requesting the Air Resources Board to reaffirm and continue the existing co-lead agency designation in the San Diego region under Section 174(a) of the 1990 Federal Clean Air Act Amendments c. Discussion, referral, and rationale for staff to review the concept of merging the members of the Montgomery Planning Committee with the Southwest Redevelopment Project Area Committee and report back to Council with a full analysis of this potential action to include: reduced staff support and associated cost, increased land use and planning knowledge of PAC, the size of this project area, the amount of potential development within this area, decrease one level of project review. d. Request to consider policy to revoke certain zoning decisions made under County of San Diego in Montgomery area. e, Legislative Analysis: I. Requires Council Action AB 1223 (Costa) Vehicles: Length and Load Restrictions - Staff recommends Council oppose. f. Ratification of Commission Appointment to the Housing Advisory Committee 17. COUNCIL COMMENTS Councilman Nader a. Process for appointment of Councilmember b. Consideration to waive processing of an amendment to the General Plan for Cynthia Williams, 114 Third Avenue, Chula Vista, CA Agenda -6- June 11, 1991 ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation pursuant to Government Code Section 54956.9 - Combs versus City of Chula Vista Pending litigation pursuant to Government Code Section 54956.9 - Kirchnavy versus City of Chula Vista - Settlement of Claim Pending litigation pursuant to Government Code Section 54956.9 - Pendergraft versus City of Chula Vista Pending litigation pursuant to Government Code Section 54956.9 - California Energy Commission proceedings regarding San Diego Gas & Electric NOl & APC The meeting will adjourn to (a closed session and thence to) the Special Council/Worksession on June 17, 1991 at 4:00 p.m. in the Council Conference Room. COUNCIL AGENDA STATEMENT ITEM k MEETING DATE 6/11/91 ITEM TITLE: Proclamation - Proclaiming the Month of June 1991 as "SAY YES TO KIDS MONTH" SUBMITTED BY: Mayor Moorr' (4/STHS VOTE: YES NO xx - - The proclamation declaring the month of June 1991 as "SAY YES TO KIDS MONTH" will be presented by Mayor pro Tempore Moore to Ms. Gerlinde Topzand, Chair of the "Say Yes to Kids Faire". f"l j) ~ ~ O-.-J--/ June 7, 1991 FROM: The Honorable Mayor and City Council E. R. Asmus, Assistant City Manager ~ City Council Meeting of June 11,1991 TO: SUBJECT: This will transmit the agenda and related materials for Council meeting scheduled for Tuesday, June 11, 1991. Written Communications are as follows: the regular City Comments regarding 5a. This is a letter from Tim Jones, a planning consultant for the Hilltop Baptist Church, requesting waiver of fees in connection with their church expansion. Consistent with Council Policy under Resolution No. 13360, IT IS RECOMMENDED THAT ALL FEES BE WAIVED. ERA:mab/51 TIM P. JONES Church Land Planning Consultant Date: June 6, 1991 To: Mayor Nader I c:;/ry COC/A/c/(. t11~""li'tS,e:s HE: Fee's for C.D.P. and I.S. Mr. Mayor, T have been retained by Hilltop Baptist Church to assist their effort to plan and design the expansion of their facilities located at 740 Hilltop Drive. them In existing The expanS10n will consist of a free building, that will house a gymnasium, along with a kitchen and storage room. standing, multi-purpose men's and women's restroom There is currently a Conditional Use Permit on file wit.}} the City regarding this property. We will be filing a modification of that C.V.P. for this expansion. Because of the fact that the new structure will be "detached" from the existing structures, the Environmel1tal Coordinator has informed me that an Initial Study must be preformed. The main purpose of this letter is to petition the City Council in order that the subsequent fee's for each item in the above lnentioned review process be waived. I was direct:ed by Planning Department staff to write this letter in order to get this item on the Consent Calendar of the next City COl1ncil meeting. Upon approval by Council, we can then submit our exhibit l:o the Planning Department and begin the review process. package The church is very excited about this addition and that it will assist the City in meeting the needs of our community both physically and spiritually. we believe the youth in Thank please you feel for free your consideration. to call me. If YOIl have any questions Cordially, CP~ Ylft\'t1lN \11"'''\)\1"' A.1\ONS Cor....\h\U!f~.~~JJJ~ rt &!I)/q~ . Chula Vista. California 91918 . Tel (619) 585-8700 FAX (619) 585-8710 ~4-1 ORDINANCE NO. 24'1 SECOND READING AND ADOPTION AN ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A SPECIAL SEWER SERVICE RATE AREA AND COMPONENT ZONES FOR EASTLAKE GREENS SUBDIVISION AND THE OLYMPIC TRAINING CENTER WHEREAS, the City of Chula Vista provides sewer service within the boundaries of the City, and WHEREAS, the EastLake Greens Subdivision requires the ongoing maintenance of three pump stations through formation of a special sewer service rate area with three component zones, and WHEREAS, EastLake Development Company, the owner of EastLake Greens subdivision and the Olympic Training Center Property, has entered into an agreement consenting to the imposition of a special fee to cover the costs of operating, maintaining and removing the temporary sewer pump stations serving the areas of Tentative Subdivision Map No. 88-3 and Parcel Map 16318 and certain other costs, and WHEREAS, the City of Chula vista has the authority to impose special rates and charges by ordinance pursuant to Health and Safety Code Section 5471. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. The City Council of the City of Chula Vista hereby establishes a special sewer service rate area with three component zones, within the boundaries of Tentative subdivision Map NO. 88-3 and Parcel Map 16318 of the City of Chula Vista, as shown on Exhibit 1 attached hereto, for the purpose of providing special sewer services to said area and zones through three temporary sewer pump stations, and to subsequently provide customary service through a gravity-flow system. Said sewer services shall be provided by the City of Chula vista in conformance with the contract between the City of Chula vista and EastLake Development Company, dated January 9, 1990, as amended by agreement dated June 4, 1991. The name of the proposed special area is "EastLake Greens Special Rate Area", with subareas or zones "A", "Bn and .C". Section 2. The Director of public Works (Director) is authorized following consultation with EastLake Development Company or its successors in interest to adjust the zone boundary 1 ines wi th in the Area shown on Exhibi t 1, as development occurs and connections to pump stations or gravity sewer lines occur. Not more than ten percent (lO%) of the total anticipated equi valent dwelling uni ts (EDU' s) in the Area may be so administratively adjusted without Council approval. The Director is hereby authorized to prepare and record substi tute Exhibit 1 maps hereto as such changes periodically occur. ,..I Section 3. The domestic sewer service charge for each single-family dwelling unit with the EastLake Greens Special Rate Area shall be equal to the amount charged other similarly situated customers within the service area of the City, except as hereinafter provided. Section 4. On or about July 1 of every year, commencing on the July 1 immediately following placement of each sewer pump station into service and acceptance by City of responsibility of its ma in tenance and operation, the Director shall determine the estimated costs for maintenance and operation of each pump station for the following fiscal year. The determination shall be made for each component zone. If said estimated maintenance and operation costs exceed estimated funds collected from users for any zone, and the Director has not made a determination for that zone that the "initial rates" no longer apply, the Director shall notify EastLake Development Company and/or its successors in interest of the amount of their portion of the surcharge, pursuant to the First Amendment to Agreement between City and EastLake dated June 4, 1991. The total amount of EastLake/successors surcharge to be paid shall be the difference between said total estimated maintenance and operation costs, and the amount estimated to be collected from users, as described in this section, and Sections 5 and 6. Following determination of the total amount of the above described surcharge each year, the Director shall determine how to apportion the total surcharge among EastLake and their successors in interest, based on the following formula: Each party (EastLake and successors) shall be responsible for the same percentage of the total surcharge as that determined by dividing the number of EDUs for which building permits have not been obtained by July 1 wi thin that party I s owner Ship by the total number of EDUs within each subarea for which building permits have not been issued by July 1 of that year. EDU I s shall be evaluated based on the "EDU factor" described below. The Director may, at his discretion, review the status of funds available for the purpose of operating and maintaining said pump sta tion at any time dur ing the year. If, as a resul t of said review, the Director determines that there will be insufficient funds available in any subarea pump station fund to provide for said maintenance and operation and that the fund balance is likely to be depleted within 30 days, the Director shall notify Eastlake in writing of such situation and require EastLake to provide sufficient funds to provide for said maintenance and operation to July 1 of that fiscal year pursuant to the agreement between the City and EastLake as amended, dated June 4, 1991. EastLake shall, within 30 days of receipt of said notification, deposit said required funds with the City treasurer. When the next annual determination is made of the ,...j,- surcharge as descr ibed above, the "loan" by EastLake shall be considered "estimated costs" and the value of the surcharge shall be determined after such credit. The Director shall determine for any zone that the "initial rates" no longer apply and that "permanent rates" apply when he or she determines either that 1) sufficient funds are being collected from users to provide for the annual maintenance and operation costs, or 2) within that zone, 75% of the total number of EDUS within the zone have been connected to the pump station. Section 5. The "EDU factor" for all land uses within the special sewer service rate area shall be as follows: Land Use category "EDU Factor" Single Family Detached Single Family Attached High School-2400 Students Elementary School-800 Students Golf Course Club House Grounds 1.0 0.75 171.42 (prorated) 42.86 (prorated) 8.93 For any land be determined based generated per day. uses not listed above, the EDU factor shall on 1.0 EDU per 280 gallons of sewage Section surcharge shall EastLake Special 6. A special operations and be assessed for each user serviced Rate Area. maintenance within the "Initial rates" shall be in effect for all three zones commencing from the date of enactment of this ordinance until such time as the Director makes a determination for that zone that "initial rates" no longer apply. Following such determination, the "permanent rates" shall be in effect for that zone. The monthly amount paid by each customer within any zone is determined by mUltiplying the applicable zone rate factor appropriate by the "EDU" factor listed in Section 5 above. For "initial rates", the zone rate factor for zones A and B is one dollar ($1.00) per month. The initial zone rate factor for zone "C" is two dollars ($2.00) per month. For "permanent rates": The zone rate factor for zones A and B is obtained by dividing the estimated annual maintenance and operation cost for the pump station serving that zone by the total number of EDUs, respectively, on line in that zone the June 30 preceding the fiscal year for which the rate is to be established. The zone rate factor for zone C is obtained by dividing the estimated annual maintenance and operation costs for the pump station serving zone C by the total number of ED Us on line in that zone 4,,,,3 on the June 30 preceding the fiscal year for which the rate is being established, and adding the value of the zone surcharge for zone B as calculated above. The monthly charge shall be calculated and collected administratively, unless it results in an increase. In that event, the proposed increase shall be reviewed by Council in advance at a noticed public hearing. Section 7. Said surcharge, together with interest, costs, la te charges and reasonable attorneys' fees, shall be a charge on the property served and shall be a continuing lien upon the property served against which each such surcharge is made, the lien to become effective upon recordation of a Notice of Delinquent Sewer Surcharge, as provided in Section 8 herein. Each such Sewer Surcharge, together with interest, costs, late charges and reasonable attorneys' fees, also shall be the personal obligation of the person who was the owner of such property served at the time when the Sewer Surcharge was levied. The personal obligation for delinquent Sewer Surcharge shall not pass to an owner's successors in title as their personal obligation unless expressly assumed by them. section 8. Any Sewer Surcharge made in accordance with this ordinance shall be a debt of the owner of property served from the time the Sewer Surcharge is levied. At any time after any Sewer Surcharges levied by the City affecting any property served have become delinquent, the City may file for record in the office of the San Diego County Recorder, a Notice of Delinquent Sewer Surcharge as to such property served, which notice shall state all amounts which have become delinquent with respect to such property served and the costs (including attorneys fees), late penalties and interest which have accrued thereon, and the amount of any Sewer Surcharges relating to such property served which is due and payable although not delinquent. The notice also shall contain a description of the property served with the name of the record or reputed record owner of such property, and the name and address of the trustee authorized by the City to enforce the lien, if by nonjudicial foreclosure as provided in Section 9 below. Immediately upon recording of any Notice of Delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (including attorneys' fees), late penalties and interest accruing thereon, shall be and become a lien upon the property served described therein, which lien also shall secure all costs (including attorneys' fees), late penalties and interest accruing thereon. In the event the delinquent Sewer Surcharge and all other Sewer Surcharges which have become due and payable with respect to the same property, together with all costs (including attorneys' fees), late charges and interest which have accrued on such amounts, are paid fully or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this ordinance, the City , ...If shall record a further notice, similarly signed, stating the satisfaction and release of such lien. Section 9. Each Sewer Surcharge lien may be foreclosed as and in the same manner as the foreclosure of a mortgage upon real property under the laws of the state of California, or may be enforced by sale pursuant to Sections 2924, 2924(b), 2924(c) and 1367 of the California Civil Code, or any successor statute or law, and to that end, the right to enforce the lien by sale is hereby conferred upon the City and its trustee designated in the Notice of Delinquent Sewer Surcharge, or a trustee substituted pursuant to California civil Code Section 2934a. The City shall have the power to bid for the property served at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid Sewer Surcharge, costs, late penalties and attorneys' fees shall be maintainable without foreclosing or waiving the lien securing the same. In any action by the City to collect delinquent Sewer Surcharges, accompanying late charges or interest, the prevailing party shall be entitled to recovery of its costs and reasonable attorneys' fees. Section 10. When a Notice of Delinquent Sewer Surcharge has been recorded, it shall constitute a lien on that respective property by parcel and shall be prior and superior to all other liens except all taxes, bonds, assessments and other levies which, by law, would be super ior thereto. Sale or transfer of any property served shall not affect the assessment lien. section 11. In the event such temporary sewer pump station is taken out of service as a result of the development of gravity-flow sewer lines external to and adjacent to the Area, or any zone thereof, the operations and maintenance charge shall be discon tinued; provided, however, that (a) such surcharge may be continued after a pump station is taken out of service for the purpose of providing for the cost of removal of the pump station and connection to a gravity sewer system; (b) the surcharge shall not exceed the average such assessment in prior years, and {cl such surcharges shall be used solely for the actual connection of the EastLake Greens collection system to the new trunk line or force main which rendered the temporary sewer pump station necessary. Section 12. All surcharge collections shall be placed in a separate fund established for the purpose of administering this ordinance. All interest accruing in such account shall remain therein. Section 13. This ordinance shall continue in full force and effect until repealed. It is the intent of the City to repeal this ordinance upon termination of the January 9, 1991 "Agreement to Provide for Sewer Pump Station Maintenance and Operation to the EastLake Greens Tentative Map 88-3 of the City of Chula Vista", in accordance with its terms. '~5 Section 14. The City Clerk of the City of Chula vista is hereby directed to publish this ordinance within fifteen (15) days after its passage in the Chula Vista Star News, a newspaper of general circulation published in the city of Chula Vista. Section 15. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by bvC~ J ~~ John P. Lippitt, Director of Public works Bruce M. Boogaa 8455a ,,~ COUNCIL AGENDA STATEMENT Item 1 ITEM TITLE: Meeting Date 6/11/91 Resol ut ion 1'1'/1 Affi rming the Tri al Traffic Regul at ion - Parking prohibited during certain hours on "J" Street and Corte Maria Avenue A~ Director of Public Work~ l~/ City Managell, I (4/5ths Vote: Yes_No...x.J r ./ SUBMITTED BY: REVIEWED BY: On October 11, 1990, a trial traffic regulation establishing a parking prohibition during certain hours on J Street and Corte Maria Avenue was implemented pursuant to the proviSions of Section 10.12.030 of the Chula Vista Municipal Code. Signs for this parking prohibition were installed on November 1, 1990. RECOMMENDATION: That City Counc i 1 adopt the reso 1 ut i on to make the t ri a 1 traffic regulation permanent. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission at their meeting of May 9, 1991, voted 6-0 to recommend that the City Council make this trial traffic regulation permanent. DISCUSSION: Pursuant to the prOV1 s 1 ons of Sect i on 10.12.030 of the Chul a Vi sta Muni ci pa 1 Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer on October 11, 1990, determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, a trial traffic regulation be established: Schedule IV - Parkino Prohibited Durino Certain Hours on Certain Street Name Beoinnino at Endino at Side Hours Proh i bited J Street PCR east of A point 435 North 8:00-8:45 a.m. Corte Maria feet to east Corte Maria PCR north of A point 80' East 2:00-3:45 p.m. Avenue J Street to north It is necessary to prohibit parking, except for school buses, along the north curb 1 ine of J Street between Hilltop Drive and Corte Maria Avenue and along the east curbl ine of Corte Maria Avenue north of J Street to allow for a continuous school bus loading/unloading zone at Hilltop Elementary School. 7..1 \ I Page 2, Item~ Meeting Date 6/11/91 Said regulation became effective upon the posting of signs on November 1, 1990 and has run for a trial period of almost eight (8) months from the date of such posting. A review of said regulation needs to be made to determine if it should be made permanent. Section 10.12.030 of the Chula Vista Municipal Code only allows a trial traffic regulation to exist for eight months, at which time either a resolution affirming the trial traffic regulation must be adopted or the trial traffic regulation ceases to be effective. At the Safety Commi ss i on meet i ng of October 11, 1990, the Safety Commi ss i on voted 6-0 to concur with staff and establish this trial traffic regulation. All area residents were notified of the Safety Commission meeting. No opposition from area residents was heard. At the Safety Commi ss i on meeting of May 9, 1991, the Safety Commi ss i on voted 6-0 to concur with staff and recommend to the City Council that this trial traffic regulation be made permanent. A review of the traffic conditions show that this trial traffic regulation is operating effectively. Therefore, staff recommends that the trial traffic regulation be made permanent. WPC 5600E Attachment: Area Plat Trial Traffic Regulation Draft Safety Commission Minutes dated 5/9/91 (excerpt) 7-2. RESOLUTION NO. 1 ~191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE TRIAL TRAFFIC REGULATION PARKING PROHIBITION DURING CERTAIN HOURS ON "J" STREET AND CORTE MARIA AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on October 11, 1990, a trial traffic regulation establishing a parking prohibition during certain hours on J Street and Corte Maria Avenue was implemented pursuant to the provisions of Section 10.12.030 of the Chula vista Municipal Code and signs for this parking prohibition were installed on November 1, 1990; and WHEREAS, the Safety Commission at their meeting of May 9, 1991, voted 6-0 to recommend that the Ci ty Council make th is trial traffic regulation permanent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Schedule IV of the Traffic Regulations to prohibit parking during certain hours on "J" Street and Corte Maria Avenue as follows: Schedule IV - Parking Prohibited During Certain Hours on Certain Street Name Beginning at Ending at Side Hours prohibited J Street PCR east of Corte Maria A point 435 feet to east North 8:00-8:45 a.m. Corte Maria Avenue PCR north of J street A point 80' to north East 2:00-3:45 p.m. Presented by J form by John P. Lippitt, Director of Public Works 8936a a d, Clty Attorney 7-' 17-'1 ) -, , I . ~~ . -', \:-i.'- I .A l I : '~:;~.' !ii --, . - , i':--'-~ . c" t ~ -+~'~;~:.:a:~;:~:y,~\\~~:;(~,};~", ...." ,,' c<(. :.' HILLTOP !'t<RK;\"; ".;(~,~,>,,-., ,~_.-.~:- "r~\ ~.: ::.......,'..,::. ':,- ,,>~,':... ''''';~'-'' ~'.,~~~'~:_'~.:.:-:_ 'I I ,....I_~.(,\.~.'l.\. :.l_l: I I '~"C~) ''-I.1.~'''''; - - ~ ~:~Iy;~[t\:V}~}~;:~X, I EET r \, R I T r Y , ~-- , SHASTA WHITNeY q STREET \1IT CHER w => z w > <( , , , ' . ;yo r) --1 -' , I ....--.. f ;~"'--I , ,I r-- "uo I I , , -- , u.. ______1 t---I-- , c.u-r-- , S H ~ S rt.. STREET w ~ .. - ----.... ~ ... -- - ---1 <t MAN"t.TC STREET ..J cr << ---- "._ __-J-- U WHITNEY STREET ST T , ! -~ I I "1- -- ,..... -- EA ---~- - -- "'-- --, 1"= IfOO I GEORGI NA .REE t \II > (Q .---\ a : I .'--.j t -;---- t >- << 3 , - << I I- Ul EAST "I" ,.: ~ w > <t a:: a. o I- .J .J :I: ~ <t a:: << ~ <t ..J a:: <t u MURRAY ST. ST. W I- HILLTOP a:: 8 ~u~w_-@ AIMl E ILl > <( , , ' e'i'! "U~ ~10P H ~,~~, '1;118 Iii ~ __~ I HILL TOP "",'L _ _ _..; , ' . ~ ." , [- ~ t ( _D~:~~i1f___ DATE /u/3/qo ----~----- TIT L E - "~I:Ifl\J~ l:fP AREA VNuA .. PiUilaotO -n Ht:- er~'iltTEJl rA~ tJ- 7-5 1-1- PLAT ~ ..J !HMQR~t!Q!!.M DATE: November 6, 1990 Fil e: CY -027 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager FROM: John P. Lippitt, Director of Public Work~ SUBJECT: Establishing a Trial Traffic Regulation Pursuant to the prOV1Slons of Section 10.12.030 of the Chula Vista Municipal Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer has determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, there is hereby established: Schedule IV - Parkinq Prohibited Durinq Certain Hours on Certain Streets Name Beqinninq at Endinq at Side Hours Prohibited J Street PCR east of A point 435 North 8:00-8:45 a.m. Corte Maria feet to east Corte Maria PCR north of A point 80' East 2:00-3:45 p.m. Avenue J Street to north It is necessary to prohibit parking, except for school buses, along the north curb 1 ine of J Street between Hilltop Drive and Corte Maria Avenue and along the east curbl ine of Corte Maria Avenue north of J Street to allow for a continuous school bus loading/unloading zone at Hilltop Elementary School. Said regulation to become effective upon the posting of signs or other appropriate notice, and shall run for a trial period of eight (8) months from the date of such posting, at which time a review of said regulation will be made to determine if it should be made permanent. At the Safety Commi ss i on meet i ng of October 11, 1990, the Safety Commi ss i on voted 6-0 to concur with staff and establish this trial traffic regulation. All area residents were notified of the Safety Commission meeting. No opposition from area residents was heard. WPC 5218E 7-7 loq Safety Commi".ion Meeting May 9, 1991 Minutes condition of some of the vehicles sold at the car auction, some of the vehicles are not driveable. Owners of these vehicles attempt repairs anywhere they can, usually affecting the reserved parking spaces for the Irongate Business Park. Several City departments have tried to resolve the congestion which occurs on auction days. The Building and Housing Department has sent Code Enforcement Officers to enforce City ordinances. The Chula Vista Police Department has cited illegally parked cars. Staff Recommendation: That City staff continue to monitor traffic conditions in the are and city illegally parked vehicles. Mike Vogt, 3648 Main Street #200, Chula Vista, CA 91911 Mr. Vogt is a business owner adjacent to the auto action. Mr. Vogt explained many of the problems that occur on auction days. These include people parking vehicles in his reserved spaces to repair cars. There is no provision by Mission City Auto Action for refuge disposal or restroom facilities. There is much trash left on the lot and Mr. Vogt's property is used by some people as a toilet. Mr. Vogt also stated that there is a great concern with people parking on the south side of Main Street and running across the street to the Auto Action. Motion by Thomas to prepare a letter to the City Council requesting immediate action to stop the auctions. Second by Matacia. Motion by Thomas to notify Mission City Auto Action that they are in violation of zoning ordinances. Second by Matacia. MSUC 6-0. The Commission encouraged Mr. Vogt to attend a City Council Meeting and again stress the urgency of this matter. 8. STATUS REPORT ON SHELL OIL COMPANY Staff mentioned that a report will be going to the City Council later this month to approve the street improvement project for Bonita Glen Drive. 9. TRIAL TRAFFIC REGULATION: (a) Parking prohibited during certain hours on "J" Street and Corte Maria Avenue Staff reported back on the signs posted prohibiting cars from parking on "J" Street and Corte Maria A venue during certain hours. Signs were posted on Thursday, November I, 1990 and a review of the traffic conditions show that they are operating effectively. Staff Recommendation: That the safety Commission recommend to City Council that the Trial Traffic Regulation be made permanent. -3- 7-' Safety Commi....ion Meeting May 9, 1991 Minutes (b) All-way stop at the intersection of Avenida YsidoralCalle Santiago/Rain Forest Road Staff reported back on the all-way stop sign at the intersection of Avenida YsidoralCalle Santiago/Rain Forest Road. Signs were posted on Thursday, October 25, 1990 and a review of the traffic conditions show that they are operating effectively. There have been no reported accidents at this intersection since the all-way stop was installed. Staff Recommendation: That the safety Commission recommend to City Council that the Trial Traffic Regulation be made permanent. (c) Parking prohibition for vehicles over 6 feet in height on East Flower Street Staff reported back on the prohibition of parking for vehicles over 6 feet in height on East Flower Street. The purpose of this six-foot vehicle height parking restriction was to prevent large vehicles from parking in a manner which may affect visibility of motorists exiting from the Eucalyptus Grove apartment complex from seeing oncoming traffic. Signs were posted on Monday October 29, 1990 and a review of the traffic conditions show that they are operating effectively. Staff Recommendation: That the safety Commission recommend to City Council that the Trial Traffic Regulation be made permanent. Motion by Thomas to accept staff recommendations. Matacia second. MSUC 6-0. 10. STAFF INFORMATIONAL REPORT: C.I.P. STATUS REPORT FY90-91 Staff mentioned that the contractor has started work on the signal modifications for Broadway and "I" Streets and the flashing red beacon for southbound Hilltop Drive at E. Rienstra Street. 11. ORAL COMMUNlCATIONS- Tadeusz Pieknik, 72 F Street, Chula Vista, CA 91910 Mr. Pieknik is the owner of a property at 616 3rd Avenue, which is a PreschooUDay Care Center. Mr. Pieknik informed the Commission that he did not receive any notice of the intention of the Safety Commission or of this meeting. Mr. Pieknik stated that if the city went ahead with plans to prohibit on street parking in the 600 block of Third Avenue, then the patrons to his business would not have any place to park and walk their children into the center. The location is equipped only with a small one-car driveway. He wanted to know how the parents would drop off their children with no parking. Staff informed the Commission that all businesses on Third Avenue received notification of these proceedings. The letters were addressed to "OccupantJResidentlTenant." Mr. Pieknik indicated that he was the owner of the property and rented to another party. The Commission informed Mr. Pieknik that the matter has already been acted upon and it would be up to him to go the City Council before any official action was taken. -4- 7-1/J COUNCIL AGENDA STATEMENT Item -S Meeting Date 6/11/91 ITEM TITLE: Resolution ",q'J- Affirming the - All-Way Stop at the intersect i on Sant i ago/Ra in Forest RO:d",J., 1')Jd/ Director of Public Work~ If Trial Traffic Regulation of Avenida YSidora/Calle SUBMITTED BY: REVIEWED BY: City Manager, 'f-- , (4/5ths Vote: Yes___No-x-) On October 11, 1990, a trial traffic regulation establishing an all-way stop at the intersection of Avenida Ysidora/Calle Santiago/Rain Forest Road was implemented pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code. Signs for the all-way stop at this intersection were installed on October 25, 1990. RECOMMENDATION: That the City Council adopt the resolution to make the trial traffic regulation permanent. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission at their meeting of May 9, 1991, voted 6-0 to recommend that the City Council make this trial traffic regulation permanent. DISCUSSION: Pursuant to the provl s 1 ons of Sect i on 10.12.030 of the Chul a Vi sta Muni ci pa 1 Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer on October 11, 1990, determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, a trial traffic regulation be established: Previous: Schedul ell - Soecial Stoos Reauired Intersection Traffic Stoooed On Sians Avenida Ysidora None 0 Ca 11 e Santiago " 0/0 Rain Forest Road " 0 Avenida Ysidora Avenida Ysidora NB 1 Ca 11 e Sant i ago Ca 11 e Sant i ago EB/WB 1/1 Rain Forest Road Rain Forest Road SB 1 Present: The City Engineer determined the need to install all-way stop signs on all streets entering the subject intersection. Previously, east/west Calle Santiago traffic and north/south Avenida Ysidora/Rain Forest Road traffic were not controlled by stop signs. There was one reported accident within the 12-month period of 10/89-9/90. This accident was of the type that may be cons i de red suscept i b 1 e to correct i on by the i nsta 11 at i on of an all-way stop. The all-way stop trial traffic regulation was initially established because of a sight restriction problem that was considered a potential accident risk. <;..1 Page 2, Item ~ Meeting Date 6/11/91 The all-way stop was installed on October 25, 1990, and has been in place for a trial period of almost eight (8) months. Section 10.12.030 of the Chula Vista Municipal Code only allows a trial traffic regulation to exist for eight months, at which time either a resolution affirming the trial traffic regulation must be adopted or the trial traffic regulation ceases to be effective. There is a curve and hill on Calle Santiago near the intersection of Avenida Ysidora. These two features plus landscaping at the corner create restricted visibility for motorists. An open space area, Del Rey Park, located near the intersect ion, provides a school age pedestri an route to Chul a Vi sta Hill s elementary school and adj acent play areas. These factors const itute justification for an all-way stop control under the provisions of the recently adopted All-Way Stop Council policy under the Unusual Condition Warrant. A revi ew of the traffi c condi t ions show that the all-way stop is operating effectively. Since the all-way stop was installed there have been no reported accidents at this intersection. Therefore, staff recommends that the trial traffic regulation be made permanent. At the Safety Commi ss i on meeting of October 11, 1990, the Safety Commi ssi on voted 6-0 to concur with staff and establish this trial traffic regulation. All area residents were notified of the Safety Commission meeting. No opposition from area residents was heard. At the Safety Commi ss i on meeting of May 9, 1991, the Safety Commi ss i on voted 6-0 to concur with staff and recommend that the City Council adopt the resolution to make the trial traffic regulation permanent. WPC 5601E/File: CY-027 Attachment: Area Plat Tri a 1 Traffi c Regul at ion lIor S6A!-J1J e. 0 Draft Safety Commi ss i on Hi nutes dated 5/9/91 (excerpt) IIf)'r s tll""~.P <6.z./ ~'1 v , ,// - . \ \ ,\ ' ~'\ ,,~ ....~r.Q~ ~ ~~ ~ P:'S~O~ ~\ ~ ('~ "-- t' ,-"~~ ~~ -' h-rtG\ 11 ')~L~" _ ~E: \ ~ _ ;;:i\R '. 'e:: ~ : 1t~\\.I~I-~n,\ ~/T I-:::;~ 1- ~~ - : to::;)%- 3ifG0 ;-:;', '1'S ~ I I 9\ 'i ' '..-rtL-i'\~"-j'/V ",- - 1'= ' roUI>> - :"" Z" \ I \ I I I / ~~ CT.t ,'CL" ' L~ , j~'f' ~r; e-~ I ~~;,: " LOOP 111 r- ,'?ARK ~~k"L I r ~ ~J?~;;'~' ./ JF~'" CHUU>' VISTA HILLS L "-v R' ,R' 'l~,'::~j,~ .' c5 --- r \ ./7.::i",.'r;-;" (';f'r:{r",.r,-',- _ 'of;'j.. ~ ~ / .f"I'.:.:.;.J.'..,r....;...if:,...r'..(I"(:::-,}(.!.r~.,-~ ~ r'o rf.r,'..q .. .11 l.(",+(" I " ty'r r"~ ""'\ ~r:"' _"_",;.. r,.. rl....(../..:J-.I.._'I...._~~_,.:~.r... "r;s,,~-{.,-)tf":~r,~. r: ~ ,\ r;, ;:~;"'r",e,, ',';"/''- IN DEPENDENCE PA,R K <,,;"~6!/<_:l.'f' tJIJ(;'~?j:;Y"/!';5~i;;{} j,j(;:riJ~~';li';'", ";~f; ~ ",",: CER r \>..",~ , );:~,\\. \. ( \.~JF'\\ ~1I1 \ ,~'<<r:.' i~1 _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ -1 :,,~A(RK.: sr."~" L.:- t" '_If,/ I I I ::"}',.J. I I I ';.(?~.\</~;' , r- _ _ I "~\s~'" t., 'I\S~" : -- ~""..... ~ : c:ov~ : ~~ , \ \ 1.. '> Li N a; '" DE r . ,r.'<7 { _D~:~1L_ ~~T~ _1~J1if11 TIT L E AREA PLAT I <l-5 ---- RESOLUTION No.Jl,t92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE TRIAL TRAFFIC REGULATION - ALL WAY STOP AT THE INTERSECTION OF AVENIDA YSIDORA/CALLE SANTIAGO/RAIN FOREST ROAD The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, on October II, 1990, a trial traffic regulation establishing an all-way stop at the intersection of Avenida Ysidora/Calle Santiago/Rain Forest Road was implemented pursuant to the provisions of section 10.12.030 of the Chula Vista Municipal Code and signs for the all-way stop at this intersection were installed on October 25, 1990; and WHEREAS, the Safety Commission at their meeting of May 9, 1991, voted 6-0 to recommend that the City Council make this trial traffic regulation permanent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Schedule II of the Traffic Regulations to establish an all-way stop at the intersection of Avenida Ysidora/Calle Santiago/Rain Forest Road as follows: Schedule II - Special stops Required Intersection Traffic Stopped On Signs . o 0/0 o Previous: Avenida Ysidora Calle Santiago Rain Forest Road None . Present: Avenida Ysidora Calle Santiago Rain Forest Road Avenida Ysidora NB Calle Santiago EB/WB Rain Forest Road SB 1 1/1 1 John P. Lippitt, Public Works 8939a Director of Approved as to form by ""~ ~g~ Attorney Presented by ~-6 !H.MQRAtf!!!!.M / DATE: November 6, 1990 Fil e: CV -027 TO: The Honorable Mayor and City Council VIA: FROM: John D. Goss, City Manager John P. Lippitt, Director of Public Work~ Establishing a Trial Traffic Regulation SUBJECT: Pursuant to the provi s ions of Sect i on 10.12.030 of the Chula Vi sta Muni ci pa 1 Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer has determined that in the interest of minimizing traffic hazards and congestion and for the promotion of public safety, there is hereby established SCHEDULE II - SPECIAL STOPS REQUIRED Intersection Traffic Stopped On Sions Presently: Avenida Ysidora Ca 11 e Sant i ago Rain Forest Road None o Proposed: Avenida Ysidora Ca 11 e Sant i ago Rain Forest Road Avenida Vsidora Ca 11 e Sant i ago Rain Forest Road NB EB/WB SB 4 The change shown above is a result of a review of traffic accident records. There was one reported accident in the past year. This accident was of the type that may be cons i dered suscept i b 1 e to correct i on by the i nsta 11 at i on of an all-way stop. Using the established warrants for all-way stops, this intersection received a total of twelve (12) points out of a possible fifty (50) points. Thus not satisfying the warrants for installation. The City Engineer has determined the need to install all-way stop signs on all streets entering the subject intersection. Presently east/west Calle Santiago traffic and north/south Avenida Ysidora/Rain Forest Road traffic are not controlled by stop signs. The proposed stop signs for this intersection will establish an all-way stop controlled intersection. This trial traffic regulation will reduce the number of traffic accidents at the subject intersection and mitigate the reduced sight distance due to the roadway geometrics and adjacent land use. Said regulations to become effective upon the posting of signs or other appropriate notice, and shall run for a trial period of eight (8) months from the date of such posting, at which time a review of said regulation will be made to determine if it should be made permanent. At the Safety Commission meeting of October 11, 1990, the Safety Commission voted 6-0 to concur with staff and establ ish this trial traffic regulation. All area residents were notified of the Safety Commission meeting. No opposition from area residents was heard. WPC 5225E <l-7 /OS" Safety Commi".ion Meeting May 9, 1991 Minutes condition of some of the vehicles sold at the car auction, some of the vehicles are not driveable. Owners of these vehicles attempt repairs anywhere they can, usually affecting the reserved parking spaces for the Irongate Business Park. Several City departments have tried to resolve the congestion which occurs on auction days. The Building and Housing Department has sent Code Enforcement Officers to enforce City ordinances. The Chula Vista Police Department has cited illegally parked cars. Staff Recommendation: That City staff continue to monitor traffic conditions in the are and city illegally parked vehicles. Mike Vogt, 3648 Main Street #200, Chula Vista, CA 91911 Mr. Vogt is a business owner adjacent to the auto action. Mr. Vogt explained many of the problems that occur on auction days. These include people parking vehicles in his reserved spaces to repair cars. There is no provision by Mission City Auto Action for refuge disposal or restroom facilities. There is much trash left on the lot and Mr. Vogt's property is used by some people as a toilet. Mr. V ogt also stated that there is a great concern with people parking on the south side of Main Street and running across the street to the Auto Action. Motion by Thomas to prepare a letter to the City Council requesting immediate action to stop the auctions. Second by Matacia. Motion by Thomas to notify Mission City Auto Action that they are in violation of zoning ordinances. Second by Matacia. MSUC 6-0. The Commission encouraged Mr. Vogt to attend a City Council Meeting and again stress the urgency of this matter. 8. STATUS REPORT ON SHELL OIL COMPANY Staff mentioned that a report will be going to the City Council later this month to approve the street improvement project for Bonita Glen Drive. 9. TRIAL TRAFFlC REGULATION: (a) Parking prohibited during certain hours on "J" Street and Corte Maria Avenue Staff reported back on the signs posted prohibiting cars from parking on "J" Street and Corte Maria Avenue during certain hours. Signs were posted on Thursday, November 1, 1990 and a review of the traffic conditions show that they are operating effectively. Staff Recommendation: That the safety Commission recommend to City Council that the Trial Traffic Regulation be made permanent. -3- ~-sr Safety Commi.,.,ion Meeting May 9, 1991 Minutes (b) All-way stop at the intersection of Avenida YsidoralCalle Santiago/Rain Forest Road Staff reported back on the all-way stop sign at the intersection of Avenida YsidoralCalle Santiago/Rain Forest Road. Signs were posted on Thursday, October 25, 1990 and a review of the traffic conditions show that they are operating effectively. There have been no reported accidents at this intersection since the all-way stop was installed. Staff Recommendation: That the safety Commission recommend to City Council that the Trial Traffic Regulation be made permanent. (c) Parking prohibition for vehicles over 6 feet in height on East Flower Street Staff reported back on the prohibition of parking for vehicles over 6 feet in height on East Flower Street. The purpose of this six-foot vehicle height parking restriction was to prevent large vehicles from parking in a manner which may affect visibility of motorists exiting from the Eucalyptus Grove apartment complex from seeing oncoming traffic. Signs were posted on Monday October 29, 1990 and a review of the traffic conditions show that they are operating effectively. Staff Recommendation: That the safety Commission recommend to City Council that the Trial Traffic Regulation be made permanent. Motion by Thomas to accept staff recommendations. Matacia second. MSUC 6-0. 10. STAFF INFORMATIONAL REPORT: C.I.P. STATUS REPORT FY90-91 Staff mentioned that the contractor has started work on the signal modifications for Broadway and "I" Streets and the flashing red beacon for southbound Hilltop Drive at E. Rienstra Street. 11. ORAL COMMUNlCATIONS- Tadeusz Pieknik, 72 F Street, Chula Vista, C4 91910 Mr. Pieknik is the owner of a property at 616 3rd Avenue, which is a Preschool/Day Care Center. Mr. Pieknik informed the Commission that he did not receive any notice of the intention of the Safety Commission or of this meeting. Mr. Pieknik stated that if the city went ahead with plans to prohibit on street parking in the 600 block of Third Avenue, then the patrons to his business would not have any place to park and walk their children into the center. The location is equipped only with a small one-car driveway. He wanted to know how the parents would drop off their children with no parking. Staff informed the Commission that all businesses on Third A venue received notification of these proceedings. The letters were addressed to " OccupantlResidentlTenant. " Mr. Pieknik indicated that he was the owner of the property and rented to another party. The Commission informed Mr. Pieknik that the matter has already been acted upon and it would be up to him to go the City Council before any official action was taken. -4- V-CJ COUNCIL AGENDA STATEMENT Item-.!t.- Meeting Date 6/11/91 ITEM TITLE: a) Resolution I<.l4ll' Authorizing issuance of bonds, approvi ng bond indenture and offi ci a 1 statement for an assessment district for Assessment District No. 88-1 SUBMITTED BY: REVIEWED BY: b) Resolution 1(.11~ Making award for sale of bonds, and providing for the establishment of a redemption fund for Assessment District No. 88-1 Resolution 11.1417 Authorizing and providing for the security enhancement agreement for Assessment District No. 88-1 and authorizing the Mayor to execute said agreement Resolution 1~14f" Ratifying the first amendment to the agreement with Thomas O. Meade for project management services for the Otay Lakes Road - Phase I assessment district and authorizing the Mayor to execute said agreement Director of Public WorksAJ/l)'~// Director of Finance ~ rv ,,1 City ManagerV (4/5ths Vote: Yes___No-X-) c) d) These are the cl os i ng resol ut ions for the Otay Lakes Road Phase I assessment di stri ct proceedi ngs. They approve certai n bond-rel ated documents and award the bond sale to the lowest bidder. They also approve the Security Enhancement Agreement which provides a safety factor for assessed parcels whose value-to-assessment ratio is less than three to one. RECOMMENDATION: Adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On May 14, 1991, at the public hearing, Council confirmed the assessments, authorized the issuance of 1915 Act bonds, and authorized the advertising for bids on the bond issue. The amount of bonds authorized was not to exceed $8,298,367, subject to prepayment of assessments by any property owner. Of the five property owners involved in the assessment district, only one has indicated an intention to payoff thei r assessments duri ng the 30-day cash payment peri od whi ch closes June 14, 1991. The amount of bonds actually issued will be adjusted for any cash payments received. Sealed proposals will be received on June 11, 1991 at 11:00 a.m. in the office of Charles P. Young/Jeffries Banknote Company in Los Angeles. The Director of Finance will have the bids received and the name of the successful bidder at the time of the Council meeting and will give a verbal report. q -t Page 2, Item q Meeting Date 6/11/91 The attached bond indenture gi ves a detail ed descri pt i on of the bonds, the term and maximum interest rate. After the successful bidder has been determined, this document must be executed on behalf of the City Council. This assessment district includes improved and unimproved commercial and i ndustri a 1 parcel s but no res i dent i allots. Most of the unimproved lots do not meet the City's minimum requirement of a 3:1 value-to-lien ratio. letters of credit are required for those unimproved parcel s which do not meet the City's 3:1 requirement. All improved parcels meet or exceed the City's 3:1 criteria. There are 21 of 29 parcels for which letters of credit are required totalling approximately $1.4 million. It is anticipated that when buildings are constructed on these parcels, the value-to-lien ratio will meet or exceed the City's criteria and the letters of credit will not be needed. The security agreement executed by Eastlake Development Company outlines the necessity, use and release of the letters of credits posted by Eastlake. In January, 1988 the City entered into an agreement for project management servi ces, funded by Eastl ake Development Company, re 1 at i ve to the fi nanci ng and implementation of the improvement of Telegraph Canyon Road between Paseo ladera and Hunte Parkway. The associated project manager's scope of work has since been turned over to Thomas O. Meade as outl ined in a contract approved by Council in September, 1989 by Resolution 15316. The hourly agreement, with a maximum amount of $21,730 was based on assumpt ions of the scope of work involved and the construction phasing of the improvements. Subsequently, Eastlake requested and staff directed the project manager to add the financing and implementation of the Telegraph Canyon Drainage Channel to the assessment district project and it was necessary to alter the boundaries of the district due to the change in the construction phasing of Telegraph Canyon Road. These changes were outlined to Council at the April 9, 1991 meeting at which time a new acquisition financing agreement was approved. The changes have required the expenditure of additional time on the part of the Project Manager to bring the assessment district to this point and to complete it in the near future. It is recommended that the agreement be amended to increase the maximum amount to $26,730 in order to complete the necessary work. FISCAL IMPACT: None to the City. All bond issuance costs will be paid by the assessment di stri ct. Eastl ake Development Company has depos ited $5,000 with the City to fund the addit i ona 1 project management costs. Thi s $5,000 will not be reimbursed by the assessment district because the publ ic hearing has been held and the assessments levied. WPC 5632E:AY073 <1-2. RESOLUTION NO. ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND OFFI- CIAL STATEMENT FOR AN ASSESSMENT DISTRICT FOR ASSESSMENT DISTRICT NO. 88-1 WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is conducting proceedings for the installation of certain public improvements in a special assess- ment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES ROAD, PHASE I) (hereinafter referred to as the "Assessment Districttl); and, WHEREAS, this legislative body has previously declared in its Resolution of Inten- tion to issue bonds to finance said improvements, said bonds to issue pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of said Code; and, WHEREAS, at this time this legislative body is desirous to set forth all formal terms and conditions relating to the authorization, issuance and administration of said bonds; and, WHEREAS, there has been presented, considered and ready for approval a bond indenture setting forth formal terms and conditions relating to the issuance and sale of bonds; and, WHEREAS, there has also been presented for consideration by this legislative body an Official statement containing information including but not limited to the Assessment District and the type of bonds, including terms and conditions thereof; and, WHEREAS, this legislative body hereby further determines that the unpaid assessments shall be specifically in the amount as shown and set forth in the Certificate of Paid and Unpaid Assessments as certified by and on file with the Treasurer, and for particulars as to the amount of said unpaid assessments, said Certificate and list shall control and govern. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are true and correct. BOND AUTHORIZATION SECTION 2. That this legislative body does authorize the issuance of bonds pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, and also pursuant to the specific terms and conditions as set forth in the BOND INDENTURE presented herein. Q"3 BOND INDENTURE SECTION 3. That the BOND INDENTURE is approved substantially in the form presented herein, subject to modification~ as necessary and as approved by the Finance Director, with the concurrence of Bond Counsel. Final approval of the BOND INDENTURE shall be conclusively evidenced by the signature of the Finance Director upon final delivery of bonds and receipt of proceeds. A copy of said BOND INDENTURE shall be kept on file with the transcript of these proceedings and open for public inspection. OFFICIAL STATEMENT SECTION 4. That the OFFICIAL STATEMENT is approved substantially in the form presented and is deemed to be in near final form, subject to non- material modifications as necessary and as approved by the Finance Director, with the concurrence of Bond Counsel, and execution and distribution is hereby authorized. A copy of said OFFICIAL STATEMENT shall be kept on file with the transcript of these proceedings and remain open for public inspection. FINAL ASSESSMENTS SECTION 5. That the Certificate of Paid and Unpaid Assessments, as certified by the Treasurer, shall remain on file in that office and be open for public inspection for all particulars as it relates to the amount of unpaid assessments to secure bonds for this Assessment District. SUPERIOR COURT FORECLOSURE SECTION 6. This legislative body does further specifically covenant for the benefit of the bondholders to commence and prosecute to completion foreclosure actions regarding delinquent installments of the assessments in the manner, within the time limits and pursuant to the terms and conditions as set forth in the Bond Indenture as submitted and approved through the adoption of this Resolution. APPROVED and ADOPTED this day of , 1991. MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA q-~ RESOLUTION NO. 1" 19 " RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ,MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTABLISHMENT OF A REDEMPTION FUND FOR ASSESSMENT DISTRICT NO. 88-1 WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has heretofore instituted and conducted proceedings under the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the streets and Highways Code of the State of California, for the installation of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES ROAD, PHASE I) (hereinafter referred to as the "Assessment District"); and, WHEREAS, in the Resolution of Intention it was determined and declared that should issue under the provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California; and, bonds being WHEREAS, there has now been received, in proper form, a sealed bid (hereinafter the "proposal") for the purchase of said bonds to issue under said proceedings, which is considered to best serve the interests of owners of land included within the Assess- ment District and should be accepted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this legislative body hereby rejects all of said proposals for the sale of bonds except that herein mentioned, and does hereby make an award and accept the proposal for the purchase of the improvement bonds from the responsible bidder, to-wit. at the interest rate and terms as Bet bidder as on file with the transcript of public inspection. forth in the proposal of said these proceedings and open for SECTION 3. That said sale is subject to all the terms and conditions as set forth in the Resolution of Issuance, in the Bond Indenture in its final form, and in the accepted proposal. APPROVED and ADOPTED this day of , 1991. ATTEST' MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA q..s/ q..b STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. , 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 meeting of said City Council held on the day of 1991, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this _____ day of [SEAL] q-~ , 1991, at Chula Vista, California. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA RESOLUTION NO. ~ RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA,. AUTHORIZING AND PRO- VIDING FOR THE SECURITY ENHANCEMENT AGREEMENT FOR ASSESSMENT DISTRICT NO. 88-1. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has heretofore instituted and conducted proceedings under the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the installation of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES ROAD, PHASE I) (hereinafter referred to as the "Assessment District"); and, WHEREAS, should Division in the Resolution of Intention it issue under the provisions of the 10 of the Streets and Highways Code was determined and declared that "Improvement Bond Act of 1915", of the state of California; and, bonds being WHEREAS, there has now been received, considered and ready for approval a Security Enhancement Agreement to be entered into between the City and East lake Development Company, a California limited partnership, in order to provide assurance to the City that all payments on the Bonds will be paid. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. The form of Security Enhancement Agreement presented to this meeting is hereby approved in substantially the form presented at this meeting and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the Agreement in ~ubstantially the form presented to this meeting, with such changes as the officers executing the eame or the City Attorney or bond counsel may approve, such approval to be conclu- sively evidenced by the execution and delivery thereof. APPROVED and ADOPTED this day of , 1991. ATTEST: MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA 1:1-1 I q- 'l, STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. , 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 meeting of said City Council held on the day of 1991, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this _____ day of [SEAL] a.-~ , 1991, at Chula Vista, California. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA RESOLUTION NO. It.l ~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRULl'. VISTA RATIFYING THE FIRST AMENDMENT TO THE AGREEMENT WITH THOMAS O. MEADE FOR PROJECT MANAGEMENT SERVICES FOR THE OTAY LAKES ROAD - PHASE I ASSESSMENT DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista, California, has conducted proceedings under the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the installation of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district known and designated as Assessment District No. 88-1 (Otay Lakes Road, Phase I) (hereinafter referred to as the "Assessment District"); and WHEREAS, the City Council by Resolution No. 15316, adopted september 26, 1989 authorized the City to retain the service of Thomas o. Meade to provide project management services for the study of the feasibility of the financing of the project and to make recommendations to the City regarding the most appropriate method for financing the specified public works of improvement; and WHEREAS, it was necessary for staff to request inclusion and it is now appropriate to ratify that action by amending the contract to include Telegraph Canyon Channel - segment 1 in the scope of services regarding the Assessment District; and WHEREAS, it is necessary to amend the contract to extend the term of the contract for Task A to October 31, 1991; and WHEREAS, it is necessary to amend the contract to increase the total amount authorized to be expended for project management purposes from $21,730.00 to $26,730.00 in order to accomplish said additional services within the extended contract period. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does resolve as follows: Section 1. That the above recitals are all true and correct. '\_~ -1- Sect ion 2. Tha t the Fir st Amendment to the consul tan t agreement for the project Manager which is on file in the Office of the City Clerk is hereby ratified and approved, and the execution thereof authorized by the Mayor and the City Clerk. presented by Approved as to form by ,~> ~ VL- M. Boogaard John P. Lippitt, Director of Public works 8938a C\-II> -2- FIRST AMENDMENT TO AGREEMENT FOR SERVICES THIS FIRST AMENDMENT TO AGREEMENT, entered into this day of , 1991, by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "CITY"), and THOMAS O. MEADE (hereinafter referred to as "Project Manager"). WIT N E SSE T H WHEREAS, the City and Project Manager entered into an agreement for project management services on September 26, 1989, in conjunction with the anticipated improvement of Telegraph Canyon Road, and WHEREAS, said agreement provided for a broad range of services, including further study of the financing and implementation of the improvement of Telegraph Canyon Road, on an hourly rate of compensation with a maximum total remuneration, and WHEREAS, the actual financing and implementation of Telegraph Canyon Road has altered significantly from the original concept, due to changes in the construction phasing, and the scope of the project has been expanded to include the financing of the Telegraph canyon Drainage Channel - Segment 1, and WHEREAS, the City's requested changes in concept and scope of services have required the expenditure of time on the part of the Project Manager beyond that originally estimated. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties involved hereto to amend the original agreement as follows: Section 1. section lA (l)a of the original agreement is amended to read: "Coordinate the activities of support consultants retained by the City as it relates to the development and implementation of financing public improvements in the OTAY LAKES ROAD AND TELEGRAPH CANYON CHANNEL - SEGMENT 1." section lA (2) h.2 of the original agreement is amended to read: "Ordinances and agreements which affect the financing of OTAY LAKES ROAD AND TELEGRAPH CANYON CHANNEL - SEGMENT 1." Section 2. section 2A Task A of the original agreement is amended to read: "TASK A - OTAY LAKES ROAD AND TELEGRAPH CANYON CHANNEL - SEGMENT 1 MANAGEMENT SERVICES. Project Manager shall complete all items listed under Task ,A on or before October 31, 1991. " Section 3. Section 3 of the original agreement is amended to read: "In any event, the total remuneration for services performed pursuant to TASK A, SECTION 1 of this agreement shall not exceed $26,730 and for services performed pursuant to TASK B, SECTION 1 of this agreement shall not exceed $5,465 and for services performed pursuant to TASK C, SECTION 1 of this agreement shall not exceed $1,290. ~-\\ IN WITNESS WHEREOF, city and Project Manager have executed this Amendment on this day of , 1991. THE CITY OF CHOLA VISTA PROJECT MANAGER ~D~ Thomas o. Meade Mayor of the City of Chu1a vista ATTEST: city Clerk Approved as to form by: city Attorney '1_1']..../ Q...3b COUNCIL AGENDA STATEMENT Item 2. 0 Meeting Date i'11:!H ITEM TITLE: Public Hearing: Lakes Road-Phase I Resolution 11.170 Confirming the assessment, ordering the improvements made, together wi th appurtenances, and approvi ng the Engineer's "Report" in Assessment District No. 88-1 (Otay Lakes Road, Phase I) Assessment Di stri ct No. 88-1, Otay SUBMITTED BY: REVIEWED BY: Resolution '''1''11 Authorizing certain assessment district bonds to be sold at a public sale and directing a call for sealed bids in Assessment District No. 88-1 (Otay Lakes Road, Phase I) Director of P.UbliC wo~ City Manager~~ -- (4/5ths Vote: Yes__No-X-) On April 9,1991, Council adopted the Resolution of Intention to order the acquisition and financing of Otay Lakes Road Phase I and a portion of the Telegraph Canyon Drainage Channel pursuant to the Municipal Improvement Act of 1913. Council set May 14, 1991 as the date to conduct the required publ ic hearing. The associated resolutions include confirming the assessment, ordering the improvements, approving the engineering's report, authorizing the sale of bonds and directing a call for sealed bids. RECOMMENDATION: Adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Municipal Improvement Act of 1913 requires that a public hearing be conducted to hear testimony prior to forming an assessment district to finance public improvements through the sale of bonds. On April 9, 1991 Council set May 14 as the date to conduct that hearing. All owners of property within the proposed Assessment District, which contains only non-residential land uses, have been mailed a notice of the public hearing including the proposed assessment to their land. After conducting the publ ic hearing and considering any testimony presented, the Council may choose to proceed with the district by approving the Resolution Confirming Assessments and approving the Resolution Authorizing Bond Sale. These actions, pursuant to the Municipal Improvement Act of 1913, allows the financing of infrastructure improvements through sale of Assessment District bonds with payments collected with property taxes. q -/.3 2~'fL- Page 2, Item '2.0 Meeting Date 5/14/91 The proposed Assessment District No. 88-1 is an acquisition Assessment District wherein the developer has constructed the public improvements and the City is acquiring them with funds derived from the sale of bonds. The cost of the improvements is assessed to land within the Assessment District and paid off by the property owners over a twenty-five year period. Property owners " have the opt i on of payi ng off the assessment in a 1 ump sum at any time following the public hearing. The improvements proposed to be fi nanced by the Assessment Di stri ct i ncl ude Otay Lakes Road Phase I between approximately Rutgers Avenue and Lane Avenue, and the Telegraph Canyon Drainage Channel between approximately Rutgers Avenue and the EastLake Business Center. All of the improvements have been completed. The land to be assessed is EastLake Village Center. residential land. all within the EastLake Business Center I and the It is not proposed to levy any assessments on The total amount proposed to be assessed to the parcel sin the Assessment District is $8,298,367. This includes construction, engineering, design, inspection and administration costs and other incidental costs as shown in the following: ACQUISITION CONSTRUCTION COSTS Otay Lakes Road - North portion Otay Lakes Road - Rutgers to EastLake boundary Telegraph Canyon Channel - Phase I Total $ 833,176 4,770,911 230.735 $5,834,822 INCIDENTAL EXPENSES Project Management Assessment Engineering Design Engineering, Survey & Staking Construction Management Bond Counsel Financial Consultant Landscape Design Utility Engineering Plan Check & Inspection Fees Public Agency Project Management Legal Fees (right-of-way) Special Studies Engineering Soils Engineering Printing, Advertising, Posting of Public Hearing Notices Bond Printing, Servicing & Registration Miscellaneous 2% City Administration for Channel DIF $ 20,000 55,000 547,091 11,925 50,000 60,500 62,083 14,101 208,930 22,300 41,852 43,184 116,440 3,000 10,000 14,622 4,615 2.9 .. q..lq Page 3, Item Meeting Date 2() 5/14/91 Street DIF Project Administration 2% Street DIF Program Support Capitalized Interest Developer Contribution Subtotal Incidentals 4,000 130,805 110,368 (63,075) $1,467,741 > Bond Discount (2%) Reserve Fund (10%) TOTAL INCIDENTAL EXPENSES TOTAL ASSESSED TO DISTRICT 165,967 829,837 $2,463,545 $8,298,367 Otay Lakes Road Phase I is a part of the circulation element of streets for the Eastern Territories and as such, is also a part of the Eastern Territories Transportation Development Impact Fee (DIF) program. It is proposed that the DIF amount, currently $3,060 per equivalent dwell ing unit (EDU), be util ized as the method of spreading the cost of Otay Lakes Road Phase I to the land withi n the Assessment Di stri ct boundari es. With the bond issuance expenses added to the DIF amount, the assessment is $3,655 per EDU. For those parcels of land on which building permits were issued when the DIF was lower than it is currently, the assessment wi 11 be the then current DIF pl us bond issuance expenses. A drainage development impact fee has also been established for the Telegraph Canyon Drainage Channel. That fee, which is currently $3,922 per acre, is the basis for drainage assessment in a similar manner to the Transportation DIF descri bed above. The assessment per acre is $4,685 i ncl udi ng bond issuance expenses. Parcels of land on which building permits were issued prior to the establishment of the Drainage DIF will not be assessed unless EastLake Development Company is the owner of the property and chooses to be assessed; otherwise, they will absorb the drainage DIF costs. Only that portion of the proposed Assessment District within the Telegraph Canyon Drainage basin will be assessed the Drainage DIF. The assessments proposed for most of the parcel sin the Di stri ct result in appraised value-to-assessment ratios ranging from 1.7 to 2.96 to 1 when added to previous Assessment District liens and the school Mello-Roos Districts. Those parcels which are above the City policy level of 3:1 are parcels which have buildings on them. The appraisal of the current value of the parcels is based on vacant lots with only the publ ic improvements in place. It is reasonable to project that when buildings are constructed on the vacant lots, the value-to-assessment ratio will meet or exceed the City's criteria. In the interim, EastLake Development Company will provide a letter of credit to cover all amounts which cause any parcel to exceed the City criteria prior to the sale of bonds. FISCAL IMPACT: EastLake Development Company has depos i ted the one percent Assessment District initiation charge of $82,984 with the City. That charge will not be included as a cost of the district. All Assessment District costs will be paid through the issuance of 1915 Act bonds. WPC 5580E DDS:AY073 ~ '1- IS COUNCIL AGENDA STATEMENT Item~ Meeting Date 4/9/91 ITEM TITLE: a) Resolution ICo'~~ Making appointments, documents and authorizing the Mayor to acquisition/financing agreement in a Assessment 88-1 (Otay lakes Road Phase I) approving execute new District No. " REVIEWED BY: b) Resolution 1~/~1 Adopting a map showing the proposed boundaries of Assessment District No. 88-1 (Otay lakes Road, Phase I) I~I ~'l c) Resolution Declaring intention to order the install at i on of certai n improvements in a proposed assessment district; ordering the preparation of a report describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds for Assessment District No. 88-1 (Otay lakes Road, Phase I) d) Resolution I~/~' Passing on the Engineer, giving preliminary approval, and place for public hearing fO\?AS ssment (Otay lakes Road, Phas~"~~ Director of Public wor~ City Manager)t~ (4/5this Vote: Yes__No~) "report" of the setting a time and District No. 88-1 SUBMITTED BY: On June 20, 1989, Council accepted the petition of the EastLake Development Company and other property owners to initiate acquisition assessment district proceedings, pursuant to the Municipal Improvement Act of 1913, for the financing of Otay Lakes Road Phase I. This item continues the formal proceedings leading to the establishment of the Otay lakes Road Phase I assessment district. RECOMMENDATION: Adopt the resol ut ions and execute said agreement. Set time and date of public hearing for May 14, 1991, at 6:00 p.m. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Tonight's action is a continuation of the proceedings initiated by City Council on June 20, 1989, for the formation of speci a 1 Assessment Di stri ct 88-1 (Otay Lakes Road - Phase I). Through the approval of these resolutions the following will generally be accomplished: 1. The RESOLUTION MAKING APPOINTMENTS AND APPROVING DOCUMENTS is the formal appointment of the Director of Public Works as Superintendent of Streets, makes other administrative appointments and approves the Amended Petition and the new Acquisition/Financing Agreement. g...lfD -,,-.+- Page 2, Item.-JL. Meeting Date 4/9/91 2. The RESOLUTION APPROVING BOUNDARY MAP is the formal action establishing and approving boundaries of the proposed Assessment District. The boundary as proposed includes Eastlake Business Center Unit 1 and Village Center Unit 3. 3. The RESOLUTION DECLARING INTENTION is the jurisdictional Resolution under "1913 Act" proceedings, declaring intent to finance improvements through the issuance of bonds and declaring that the improvements are a benefit to the properties within the district. This resolution also directs the engineer-of-work, Willdan Associates to prepare a report on the plans, specifications, cost estimate, assessment spread of the assessable costs and a description of the improvements. Further, it provides for the issuance of bonds on the project. p' 4. The RESOLUTION PASSING ON "REPORT" AND SETTING PUBLIC HEARING is the preliminary approval of the Engineer's "Report" as required in the previous resolution and sets date, time and place for public hearing. In January, 1988, the City entered into an acquisition/financing agreement with Eastlake Development Company which has since expired. A new agreement is now before Council for approval. The agreement has been updated to include any new City requirements and includes additional improvements to be acquired. At the time the previous acquisition agreement was prepared, only four lanes of the ultimate six lanes of Otay lakes Road between Rutgers Avenue and lane Avenue were to be constructed. Subsequently, it was determined that the full six lanes should be constructed. The increase from four lanes to six lanes and the addition of the drainage channel from Rutgers Avenue to the Eastlake Business Center are included in this acquisition agreement. This modification also increased the area upon which DIF assessments could be levied. This is the subject of the petition's amendment which adds the Village Center Unit 3 to the area covered by the original assessment district petition. The public improvements proposed to be financed through the acquisition assessment district proceedings were completed in March 1991 and include improvements to complete the full six lanes of Otay lakes Road and the Telegraph Canyon drainage channel. The estimated total amount proposed to be assessed to the land in the district is $8,705,199 including $6,003,919 for construction and $2,701,280 in expenses such as right-of-way acquisition, design engineering and plan check costs, inspection costs, consultant fees, city administration costs and bond reserve fund and discount allowances. Otay lakes Road Phase I is a part of the circulation element streets for the Eastern Terri tories and as such, is also a part of the Eastern Territori es Transportation Development Impact Fee (DIF) program. It is proposed that the DIF amount, currently $3,060 per equivalent dwelling unit (EDU), be utilized as the method of spreading the cost of Otay lakes Road Phase I to the 1 and within the assessment district boundaries. With the bond issuance expenses added to the DIF amount, the assessment is $3,656 per EDU. For those parcels of land on which building permits were issued when the DIF was lower than it is currently, the assessment will be the then current DIF plus bond issuance expenses. ~ Q,,'1 Page 3, ItemJf Meeting Date 4/9/91 A drainage development impact fee has also been established for the Telegraph Canyon Drainage Channel. That fee, which is currently $3,922 per acre, is the basis for drainage assessment in a similar manner to the Transportation DIF described above. The assessment per acre is $4,685 including bond issuance expenses. Parcels of land on which building permits were issued prior to the establishment of the Drainage DIF will not be assessed unless EastLake Development Company is the owner of the property and chooses to be assessed; otherwise, they will absorb the drainage DIF costs. Only that portion of the proposed assessment district within the Telegraph Canyon Drainage basin will be assessed the Drainage DIF. The next step in the assessment district proceedings is the publ ic hearing. Adoption of tonight's resolution will set the time and date of the public hearing for May 14, 1991, at which time the district will be formed and the assessments will be levied. ;Y Attached for Council's reference are Council Agenda Statements for the January 12, 1988, and June 6, 1989 meetings at which times the consultants' contracts, the reimbursement and acquisition agreements and original petition were approved. FISCAL IMPACT: The Developer has advanced all City expenses related to the proposed assessment di stri ct. In conformance with City pol icy on developer requested assessment districts, recently adopted by Resolution 15897, EastLake Development Company will deposit the origination charge of approximately $85,000 prior to the publ ic hearing. The actual amount will be based on the Final Engineer's Report. DDS/AY-073 WPC 5524E q.../~ 7f="3- ~~ Revised 9/21/89 RESOLUTION NO. 15316 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THOMAS O. MEADE FOR OTAY LAKES ROAD ASSESSMENT DISTRICTS, STREET DEVELOPMENT IMPACT FEES UPDATE AND TELEGRAPH CANYON CHANNEL FINANCE PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ;..-' The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Mr. George Simpson, Ci ty Project Manager for Development Impact Fees and Acquisition District, passed away and it is necessary that a new project manager be retained to carry on the work that had been anticipated to be done by Mr. Simpson and which is beyond the staff's expertise, and WHEREAS, staff inquired around the County for special assessment project managers to competitively bid this contract and follow the City policy, however, the only person to do this kind of work was Thomas O. Meade, and WHEREAS, staff and consul tan ts (assessment and financing) are recommending that Thomas O. Meade be retained as a project manager for the anticipated Otay Lakes Road assessment districts, and street Development Impact Fees, and the financing program of Telegraph canyon channel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THOMAS O. MEADE for Otay Lakes Road Assessment Districts, Street Development Impact Fees Update and Telegraph Canyon Channel Finance Plan, dated the 26th day of September , 1989, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the Ci ty of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the Ci ty of Chula Vista. Presented by Approved as to form by ( ~/;<,/. ' ~ ~. " / , /)"-"'.V' " 1\ --,". '0 I ThO'~~~/j:,;j;-;~:~"d;~; Attorney . (." ~ J P. Llppl t t, t/ ~P lic Works 6275a q..l't Resolution PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of September!, 1989 by the following vote: AYES: Counci 1 members: Malcolm, McCandliss, Moore, Nader Cox NOES: Councilmembers: None ABSENT: Council members: None ABSTAIN: Councilmembers: None ATTEST ~~"I{(~k STATE OF CALIFORNIA ) COUNTY OF SAN OIEGO ) 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. 15316 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 26th day of Sepember, 1989. Executed this 27th day of September ,1989. ( 9 -;to COUNCIL AGENOA STATEMENT Item 8 Meeting Date 9/26/89 ITEM TITLE: Resol uti on 15316 Approvi ng agreement with Thomas O. Meade for Otay Lakes Road Assessment Di stri cts, Street Development Impact Fees update and Tel egraph Canyon Channel Finance Plan vJ'J Director of Public Works City Manager{ Recently Mr. George Simpson, City Project Manager for Development Impact Fees and Acquisition Oistrictsz, passed away. It is necessary that a new project manager be retained to carryon the work that had been anticipated to be done by Mr. Simpson and which is beyond the staff's expertise. Staff and consul tants (assessment and financing) are recommending that Thomas O. Meade be retained as the project manager for these listed projects. SUBMIffiD BY: REVIEWED BY: (4/5ths Vote: Yes____No~) RECOMMENOATION: That Council adopt the resolution. BOARDS/CO~!MISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City had several agreements with George T. Simpson for him to act as project manager for the acquisition districts under the 1913 Improvement Act and 1915 Bonds Act and the for the Development Impact Fees study east of I-80S for transportation and drainage. HOI~ever, before the accompl i shment of all the tasks to be done under these agreements, fk. Si mpson passed away. Mr. Simpson was principally working as project manager for the City for these special assessment districts and studies. The City now needs to hire a ne~1 project manager to coordinate the work of the different special consultants (finance, assessment and bond counselor) with the developers and the City. The projects that need a project manager as soon as possi bl e are 1 i sted below. The fees for project manager for these projects have al ready been approved by Council. The recommended new contract with Thomas O. Meade is for the balance of work remaining to be done on these projects. His fee will be the remaining balance in each case. ) q..~l Page 2, Item 8 Meeting Date 9/Zb/B9 PROJECTS TO BE ASSIGNED TO MR. MEADE UNDER THE NEW AGREEMENT: 1. Dtay lakes Road Phase I f'.om Rutgers Avenue to EastLake Business Center. , Agreement approved by Council on the 12th of January 1988, Resolution 13406. Contract amount - $20,000 Balance in the account - $3,260 2. Otay lakes Road adjacent to Rancho del Rey property. Agreement approved by Council on the 6th of December 1988, Resolution 13881. Contract amount - $20,000 Balance in the account - $18,470 3. Development Impact Fees - Transportation update Agreement approved on the 14th of February 1989, Resolution 13963. Contract amount - $6,500 Balance in the account - $5,465 4. Preparation of a drainage plan and fee for Telegraph Canyon Channel Agreement approved by Council on the 12th of January 1988, Resolution 13407 Contract amount $12,000 Balance in the amount of $1,290 For the past eight years, Mr. Meade has been the Street Superintendent for the Engineering and Development Department at the City of San Diego. During that peri od, he conducted numerous assessment di stri ct proceedings rangi ng from $0.5 million to $25.0 million in value. These proceedings involved the Mi ssi on Vall ey flood control channel, major streets, water and sewer facilities, and residential, commercial, and industrial subdivision improvements. Most of the di stri cts have been developer requested and have consisted of both construction and acquisition proceedings. ( Mr. Meade has been responsible for directing and coordinating the efforts of both the consultant team and City staff in the preparation of studies and the implementation proceedings. He was instrumental in the development of City procedures and pol i cies rel ative to developer requested publ i c financing and the post issuance administration of 1915 Act bonds. q~ 2"L Page 3, Item 8 Meeting Date 9/26/89 Mr. Meade has now retired from the City and is available for this work full time. Staff has inquired among other cities and with consultants involved in this type of work in an effort to obtain a list of qualified persons in order to adhere to the City policy for selection of consultants. However, the only -' available person with an appropriate background is Mr. Meade. One other person working with the County of San Bernardino has similar expertise but he is not wi 11 ing to 1 eave hi s present posi ti on to work full-time as project manager for cities or counties. The remaining projects listed in 1'1rs. Simpson's letter of assignment are completed or are in their final stages. FISCAL IMPACT: None. All fees associ ated with thi s agreement were approved by Council with approval of the George T. Simpson contracts. WPC 4564E Of)~d by he City Council of Chula Vista, California Dated t? - gC? - -;, Q..j.3 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT, entered into this 26th day of September 1989, by and between THE CITY OF CHULA VISTA, a municipal corpora t ion (hereinaf ter ref erred to as "City"), and THOMAS O. MEADE, doing business as MUNICIPAL FINANCE ADMINISTRATION, (hereinafter referred to as "Project Manager"). l' WITNESSETH WHEREAS, the City entered into the following agreements with GEORGE T. SIMPSON to consider the financing of certain public improvements: A. Otay Lakes Road improvement adjacent to Rancho del Rey Property on December 6, 1988 Resolution 13881. B. Otay Lakes Road phase 1 improvement on January 12, 1988, Resolution 13406. C. Development Impact Fee for streets update on February 14, 1989, Resolution 13962. D. Preparation of Drainage Plan and Fee for Telegraph Canyon Channel on January 12, 1988, Resolution 13407. WHEREAS, GEORGE T. SIMPSON passed away in May of 1989, and WHEREAS, the tasks listed under section I, of this agreement have not been completed or been partially completed by George T. Simpson as Project Manager under above listed agreements, and WHEREAS: in order to implement the financing program of those certain public improvements, and WHEREAS, the City has reviewed the qualifications of THOMAS O. MEADE as the Project Manager, and found them to be satisfactory. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between the parties hereto as follows: ( q ..Z~ SECTION 1 MANAGEMENT SERVICES A. OTAY LAKES ROAD-PHASE 1 AND OTAY LAKES ROAD BY RANCHO DEL REY. (1) The Project Manager shall, throughout the implementation of the financing of the Project, at the direction of the City Manager or his designee: 7 (a) Coordinate the activities of support consultants retained by the City as it relates to the development and implementation of financing public improvements in the OTAY LAKES ROAD. (b) Review report documents or studies for the City as may be directed and required. (c) Assist and advise the City in the implementation of the Assessment District/ Mello-Roos District. (d) Develop schedules and assignments necessary for the orderly and timely processing of the District on the Council agendas. (e) Attend such meetings of the City Council, City staff, developer, and other agencies as may be required. (f) Coordinate City staff, developer and supporting consultants' activities for the implementation of the Assessment District/ Mello-Roos District. (2) The Project Manager will be responsible for providing direction to the Supporting Consultants and to coordinate the implementation of the following actions and tasks which will be performed by Support Consultants retained by the City with regard to: q-~ PRELIMINARY AND GENERAL TASKS (a) Prepare a preliminary boundary map. (b) Prepare an overlay to the preliminary boundary map. ; I. Dedicated open space, public easements, and other public lands other than streets. 2. Proposed phasing of grading and drainage improvements. 3. Ownership of assessors parcels. (c) Provide a description and cost estimate with the assistance of the Developers Design Engineer of each improvements to be included in the District. (d) Provide preliminary basis and methodology for the spread of the costs of improvements included in the Assessment District or Community Facilities District including incidentals. (e) Provide a preliminary assessment/special tax per parcel. (f) Provide a preliminary lien ration analysis (value of land based on best data available). (g) Prepare a proposed bond sale strategy. (h) Review existing reports and data on the proposed Project. ( 1. Environmental Impact Reports 2. Ordinances and agreements which affect the financing of OTAY LAKES ROAD. 3. Tentative maps and other plan approvals. 4. Existing plan and specifications for construction. q-~ 5. Sewer, water, drainage, traffic signals and street light requirements. 6. All other prepared and related documents. (i) Provide 25 copies of a Report on the Preliminary and General Tasks with recommendations for implementation. (j) Coordinates with the Developers Design Engineer. (k) Prepare a construction phasing plan for the improvements to be constructed by the assessment district. Prepare an assessment district plan to accommodate the construction phasing through either a series of individual districts, or subdistricts to a master assessment district. (3) With regard to ASSESSMENT DISTRICTS, the Project Manager shall: (a) Prepare petition (assemble necessary documents) 1. Boundary Map 2. General description of improvements 3. Preliminary Title Report 4. Lenders signatures 5. Owners signatures 6. Bank appraisal (b) Assemble Plans and Specifications for public bidding or description and cost estimates for an Acquisition Agreement. (c) Prepare Engineers Report* 1. Assessment roll and diagram (d) Prepare bond bid agreement. ~-~1 (el P~epare Resolution of Intention and necessary documents. 1. Set public hearing date. (f) Prepare "Official Statement" ;>- 1. Authorize advertising for bids (g) Public Hearing 1. Approve Engineers Report 2. Confirm Assessment roll and diagram 3. Review bond.bids and sale 4. Award construction contracts * If a Community Facilities District under the Mello-Roos legislation is pursued rather than an Assessment District, a Special Tax Report will be prepared instead of the Engineer's Report. B. FIRST AMENDMENT TO THE DEVELOPMENT IMPACT FEES - TRANSPORTATION (UPDATE). With regard to the update of the Transportation DIF, Project Manager shall: (1) ANNUAL REVIEW AND UPDATE - PROJECTS Work with the City and its consultant to review and update each project description and cost estimate for projects contained in Ordinance No. 2251 and address the following related issues: (a) SR-125 - Proposition A impact - Inclusion of grading and right-of-way 4 or 6 lanes ( (b) Reevaluate the need for street projects in the County to be funded with the DIF. (c) Impact of EASTLAKE paying the difference between an "interim" and a "permanent" DIF. q-2.~ (d) Completion of EAST "H" STREET. (e) Addition of portions of Orange Avenue. (f) Addition of line item for City administrative costs. " (g) PHASE 2 Telegraph Canyon Road costs included in DIF. (h) Possible credit to EASTLAKE and McMILLIN for the construction of "H" Street east of Otay Lakes Road. (i) Review of Resolution No.13301 and the Interim Financing Agreement between Bonita Long Canyon and the City. (j) Review of Traffic Signal fees. (2) ANNUAL REVIEW AND UPDATE - DEVELOPMENT Will work with the City, its Consultant and property owners to review and update the projected development within the DIF boundary. (3) REVISE DEVELOPMENT IMPACT FEE Based on the information generated from items B(l) and B(2) above, calculate a revised Development Impact Fee for streets. (4) REVISE ORDINANCE NO. 2251 Based on information from items BO), (2), and (3) above, recommend revisions to Ordinance No. 2251. (5) PERMANENT DIF REPORT Revise the Interim Eastern Area Development Impact Fees for Streets Report (December 1987) to a permanent report using the information generated in the above items. Q-2'i ~. PREPARATION OF A DRAINAGE PLAN, ORDINANCE, AND FEE FOR TELEGRAPH CANYON CHANNEL. (1) The Project Manager throughout the preparation and implementation of the Financing Plan, at the direction of the City Manager or his designee, shall: (a) Coordinate the activities of support consultants retained by the City as relates to implementing the Scope of Work (Attachment "A") for the preparation of the Telegraph Canyon Drainage Fee Plan and Ordinance. (b) Assist and advise the City in the preparation and implementation of the Drainage Fee Plan and Ordinance. (c) Attend such meetings of City Council, Planning Commission, City staff, developer and other agencies as may be required. (d) Review report documents or studies for the City as may be directed and required. (e) Coordinate City Staff, owner/developers, consultants, and other agencies in the development of the Drainage Plan and Ordinance. (f) Arrange and schedule necessary meetings. SECTION 2 SCHEDULE OF WORK A. TASK A - OTAY LAKES ROAD MANAGEMENT SERVICES ( Project Manager shall complete all items listed under Task A within 15 months, on or before December 31, 1990. B. TASK B - TRANSPORTATION DIF UPDATE. ETC. q~ Project Manager shall complete all items listed under Task B within 5 weeks, on or before November I, 1989. C. TASK C - TELEGRAPH CANYON CHANNEL DRAINAGE PLAN, ORDINANCE, AND FEE. ETC. Project Manager shall complete all items listed under Task C within 4 to 6 months, on or before April I, 1990. SECTION 3 FEE FOR SERVICES Project Manager shall be paid a fee based on a hourly rate of $90.00 per hour, plus reimbursement for all out-of-pocket expenses outside of normal office expenses, including but not limited to, travel, printing, map preparation, aerial photography and related documentation reproduction. All fees will be payable on a monthly basis upon an invoice submitted by the Project Manager. In any event, the total remuneration for services performed pursuant to TASK A, SECTION 1 of this agreement shall not exceed $21,730.00 and for services performed pursuant to TASK B, SECTION 1 of this agreement shall not exceed $5,465.00 and for services performed pursuant to TASK C, SECTION 1 of this agreement shall not exceed $1,290.00. SECTION 4 SERVICES BY CITY City further agrees to furnish to Project Manager, 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 Project Manager in the performance of these services. SECTION 5 CONFLICT OF INTEREST Project Manager presently has and shall acquire no interest whatsoever in the Rancho Del Rey Project,or Eastlake Development Project, the subject matters of this Agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such q-~I conflict of interest shall be employed or retained by Project Manager under this Agreement. Project Manager specifically certifies that neither Project Manager nor any other person employed or retained by Project manager has performed work for or on behalf of McMillin Development or Eastlake Development, or its predecessor in interest. Project Manager specifically certifies, in addition, that no promise of future employment or other consideration of any kind has been made to Project Manager or any employee, agent, or representative of Project Manager, by McMillin Development or Eastlake Development, any employee, agent, or representative of the Project Manager regarding the subject matter of this Agreement, or any future project in which Project Manager has an interest. 1 SECTION 6 TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, Project Manager shall fail to fulfill in a timely and proper manner his obligations under this Agreement, or if Project Manager 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 Project Manager 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, drawings, maps, reports, and other materials prepared by Project Manager shall, at the option of City, become the property of City and Project Manager shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such document 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 Project Manager 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 7, hereinabove, shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Project Manager shall be entitled to receive just and equitable q-3~ compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Project Manager 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 ASSIGNABILITY Project Manager 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 Project Manager 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. SECTION 9 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of 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 Project Manager 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 otherwise, 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 Project Manager shall perform as an independent contractor with sole control of the manner and means of performing the services required under the } q-33 Agreement. City maintains the right only to reject or accept Project Manager's final work product as each phase of this Agreement is completed. Project Manager and any of Project Manager'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. ?' SECTION 11 INDEMNITY Consultant shall indemnify and hold City free and harmless from any and all claims, losses, damages injuries, and liabilities arising form the death or injury of any person or persons, including employees of Consultant, or from damage or destruction of any property or properties, caused by or connected with any negligent error, act or omission by Consultant, his agents, subcontractors, employees, or servants in connection with his services under this agreement. SECTION 12 CHANGES City may from time to time require changes in the scope of the services by Project Manager to be performed under this Agreement. Such changes, including any increase or decrease in the amount of Project Manager's compensation, which are mutually agreed upon by City and Project Manager shall be effective as amendments to this agreement only when in writing. IN WITNESS WHEREOF, City and Project Manager have executed this Agreement on this 26th day of September, 1989. ATTEST Vista MANAGER C)~ THE CIT Mayor Meade Finance Administration ( Approved as to form by J j: iJ /~-;;<o/ ./,-~ k{.City Attorney L) 't-;<f ATTACHMENT 'A' SCOPE OF WORK FOR TELEGRAPH CANYON CHANNEL FINANCING PLAN 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 facilities proposed to be bu i It. 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. 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 (Mello-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/Board of Supervisors. ) 't.35 ( ( LETTER OF ASSIGNMENT ---------- .~ "." ~- ,. --- I':; '.. ~ ,-."... l ~-t .:........ I, Mary Simpson do hereby assign all interests in the following agreements between George T. Simpson and the City of Chula Vista to Thomas O. Meade, d.b.a. Municipal Finance Administration: 1. Chula Vista Street Financing Plan, Res. Nos. 12876 and 13962 2. East 'H' Street Assessment District, Res. No. 12792 3. Telegraph Canyon Road Assessment District, Res. No. 13406 4. East Chula Vista Development Impact Fee, Res. No. 12875 5. Otay Lakes Road Assessment District, Res. No. 13881 6. Eastlakes I Expansion Area Public Facilities Financing Plan, Res. No. 13139 7. Telegraph Canyon Road Drainage Fee Study, Res. No. 13407 8. Implementation of the Growth Management Plan, Res. No. 13492 ~~ Mary Simpson ~ I'/.. /'1%..1_ Date , q - 310 BOND INDENTURE This Bond Indenture (the "Indenture")- dated as of June 11, 1991, entered into and approved by the City of Chu1a Vista (the "Issuer"), a municipal corporation, to establish the terms and conditions pertaining to the issuance of bonds in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (OTAY LAKES ROAD, PHASE I) (the "Assessment District"). SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. Issuance, Designation and Amount. Pursuant to the provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, as amended (the "Act"), the I ssuer does hereby authorize the issuance of bonds to represent unpaid assessments within the Assessment District in principal amount deter- mined pursuant to Section 2 but in any event not to exceed $8,298,367.00 and designated as the City of Chu1a Vista, Assessment District No. 88-1 (Otay Lakes Road, Phase I) Limited Obligation Improvement Bonds (the "Bonds"). Unpaid Assessments. of the 3D-day cash are unpaid and the 8621 of the Streets The Issuer shall, immediately upon the completion collection period, determine the assessments which aggregate amount thereof as authorized by Section and Highways Code of the State of California. Term of Bonds. Bonds to represent the unpaid assessments, and bear interest at a rate not to exceed the current legal maximum rate of 12% per annum, will be issued in the manner provided in the Act, the last installment of which Bonds shall. mature a maximum of and not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of Bonds shall apply. Registered Bonds. Said Bonds shall be issuable only as fully regis- tered Bonds in the denomination of $5,000, or any integral multiple thereof, except for one bond maturing in the first year of maturity, which shall include the amount by which the total issue exceeds the maximum integral multiple of $5,000 contained therein. Date of Bonds. All of said Bonds shall be dated June 17, 1991, or the 31st day after recordation of the assessment roll and diagram, which- ever is later, and interest shall accrue from that date. Maturity and Denomination. The Bonds shall be issued in serial form with annual maturities on September 2nd of every year succeeding twelve (12) months after their date, until the whole is paid. The amount maturing each year shall be such as to result in approximately equal annual debt serv ice dur ing the term of the issue considering the interest rate and/or rates and principal amounts maturing in the respective years of maturity, and the Issuer shall, immediately upon completion of the cash collection period, prescribe the denominations of the Bonds, which shall be in convenient amounts, not necessarily equal, and shall further provide for their issuance and delivery. 't.. 31 1 SECTION 7. SECTION 8. Interest. Interest is payable each March 2 and September 2 (each being an interest payment date), commencing March 2, 1992. Each Bond shall be of a single maturity and' shall bear interest at the rate as Bet forth in the accepted bid proposal for said Bonds from the interest payment date next preceding the date on which it is authenticated and registered, (1) unless said Bond is authenticated and registered as of an interest payment date, in which case it shall bear interest from said interest payment date, (ii) unless said Bond is authenticated and registered prior to the first interest payment date, in which case it shall bear interest from its date, or (iii) unless interest is in default on said Bond on such date, in which case it shall bear interest from the last date on which interest was paid in full, until payment of its principal sum has been discharged. Place of Payment. The principal on the Bonds shall be payable in lawful money of the United States of America upon surrender of the Bond at the Los Angeles office of Bank of America National Trust and Savings Association, the designated registrar, transfer agent and paying agent of the Issuer ("Paying Agent"), or such other registrar, transfer agent or paying agent as may be designated by subsequent Resolution of the Issuer. Interest on said Bonds shall be paid by check or draft to the regis- tered owner thereof at his address as it appears on the books of regis- tration, or at such address as may have been filed with the Paying Agent for that purpose, as of the 15th day immediately preceding said interest payment date. SECTION 9. Redemption. This Bond, or a po,rtion thereof if issued in a denomina- tion greater than $5,000, shall be subject to redemption and payment in advance of maturity in increments of $5,000 as provided in section 8768 of the streets and Highways Code, on the 2nd day of March or September in any year, by giving the notice at least 30 days written provided in said law to the registered owner thereof at his address as it appears on the books of registration and by paying principal of and accrued interest on such redeemed amount, together with a premium equal to three percent (3%) of the redeemed principal amount. If less than the entire Bond is redeemed, the unredeemed portion shall be reissued to the registered owner thereof. The Bonds shall be subject to refunding pursuant to Division 11.5 of the Streets and Highways Code of the State of California on or after (but not prior to) September 2, 1995. SECTION 10. Transfer of Registered Bonds. Any fully registered Bond may, in accor- dance with its terms, be transferred upon the books of registration required to be kept pursuant to the provisions of Section 11 by the owner in whose name it is registered, or by his duly authorized attorney or legal representative, upon surrender of such fully regis- tered Bond for registration of such transfer, accompanied by delivery of a written instrument of transfer in a form approved by the Paying Agent and by the owner of said Bonds, duly executed. SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exchanged at the office of the Paying Agent for a like aggregate principal amount of Bonds of the same interest rate and maturity, subject to the terms q _ ~%' 2 and conditions provided in the system of registration for registered debt obligations, including the payment of certain charges, if any, upon surrender and cancellation of this Bond. Upon such transfer and exchange, a new registered Bond, or Bonds of any authorized denomination or denominations of the same maturity for the same aggregate principal amount will be issued to the transferee in exchange therefor. SECTION 12. Books of Registration. There shall be kept by the Paying Agent sufficient books for the registration and transfer of the Bonds and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said register, Bonds as hereinbefore provided. SECTION 13. Execution of Bonds. The Bonds shall be executed in facsimile by the Treasurer and by the City Clerk, and the corporate seal shall be imprinted in facsimile on the Bonds. The Bonds shall then be delivered to the Paying Agent for authentication and registration. In case an officer who shall have signed or attested to any of the Bonds by facsimile or otherwise shall cease to be such officer before the authentication, delivery and issuance of the Bonds, such Bonds nevertheless may be authenticated, delivered and issued, and upon such authentication, delivery and issue, shall be as binding as though those who signed and attested the same had remained in office. SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a certifi- cate of authentication substantially in the form below, manually executed by the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of the transfer agent and registrar shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder, and are entitled to the benefits of this Indenture. FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION This bond has been authenticated and registered. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION as Transfer Agent, Registrar and Paying Agent By: Date: SECTION 15. Negotiability, Registration and Transfer of Bonds. The transfer of any Bond may be registered only upon such books of registration upon surren- der thereof to the Paying Agent, together with an assignment duly executed by the owner or his attorney or legal representative, in satis- factory form. Upon any such registration of transfer, a new Bond or Bonds shall be authenticated and delivered in exchange for such Bond, in the name of the transferee, of any denomination or denominations author ized by this Indenture, and in an aggregate principal amount equal to the principal amount of such Bond or principal amount of such q..!>C\ 3 Bond or Bonds so surrendered. In all cases in which Bonds shall be exchanged or transferred, the Paying Agent shall authenticate at the earliest practical time, Bonds ,in accordance with the provisions of this Indenture. All Bonds surrendered in such exchange or registration of transfer shall forthwith be cancelled. The Paying Agent may make a charge for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer. No transfer of fully registered Bonds shall be required to be made between the fifteenth (15th) day next preceding each interest payment date, nor during the fifteen (15) days preceding the selection of any Bonds for redemption prior to the maturity thereof, nor with respect to any Bond which has been selected for redemption prior to the maturity thereof. SECTION 16. Ownership of Bonds. The person in whose name any Bond shall be regis- tered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal and redemp- tion premium, if any, of any such Bond, and the interest on any such Bond, shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. SECTION 17. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond secured hereby shall become mutilated or be destroyed, stolen or lost, the Issuer shall cause to be executed and authenticated a new Bond of like date and tenor in exchange and substitution for and upon the cancella- tion of such mutilated Bond or in lieu of and in substitution for such Bond mutilated, destroyed, stolen or lost, upon the owner's paying the reasonable expenses and charges in connection therewith, and, in the case of a Bond destroyed, stolen or lost, his filing with the Paying Agent and Issuer of evidence satisfactory to them that such Bond was destroyed, stolen or lost, and of his ownership thereof, and furnishing the Paying Agent and Issuer with indemnity satisfactory to them. SECTION 18. Cancellation of Bonds. All Bonds paid or redeemed, either at or before maturity, shall be cancelled upon the payment or redemption of such Bonds, and shall be delivered to the Paying Agent when such payment or redemption is made. All Bonds cancelled under any of the provisions of this Indenture shall be destroyed by the Paying Agent, which shall execute a certificate in duplicate describing the Bonds so destroyed, and shall retain said executed certificate in its permanent files for the issue. SECTION 19. Creation of Funds. The Treasurer is hereby authorized and directed to establish the following Funds for purposes of making payment for the costs and expenses for the works of improvement and payment of principal and interest on the Bonds. The Funds to be created are designated as follows: IMPROVEMENT FUND: The proceeds from the sale of the Bonds, deposit of required amounts in the Reserve Fund and Redemption after Fund, q..40 4 shall be placed in the Fund hereby created, pursuant to Sections 10602 and 10424 of the California Streets and Highways Code, as amended, which shall be called the "Improvement Fund", and the monies in said Fund shall be used only for th~ purposes authorized in said assessment proceedings, and specifically to pay for the costs and expenses of the construction or acquisition of the authorized public capital improve- ments, together with all incidental expenses. Any surplus in the Improvement Fund after completion of the improvements shall remain in the Improvement Fund for a period of not less than two (2) years from the receipt of Bond proceeds as provided in Section 10427.1 of the California Streets and Highways Code, and thereafter shall be utilized or distributed as determined by the Issuer. REDEMPTION FUND: The Treasurer is hereby authorized and directed to keep a Redemption Fund designated by the name of the proceedings, into which he shall place accrued interest, if any, on the Bonds from the date of the Bonds to the date of delivery to the initial purchaser thereof, all sums received for the collection of the assessments and the interest thereon, together with all penalties, if applicable. Principal of and interest on said Bonds shall be paid to the registered owner out of the Redemption Fund so created (pursuant to Section 8671 of the California Streets and Highways Code). Accrued interest paid by the purchaser of the BondS, if any, shall be deposited in the Redemption Fund. In all respects not recited herein, said Bonds shall be governed by the provisions of the Act. Under no circumstances shall the Bonds or interest thereon be paid out of any other fund except as provided by law. RESERVE FUND: Pursuant to Part 16 of the Act, there shall be created a special reserve fund for the Bonds to be designated by the name of the Assessment District and specified as the special "Reserve Fund". An amount equal to the Reserve Requirement (as hereinafter defined) shall be deposited in the Reserve Fund out of the Bond proceeds derived from the original sale of the Bonds. Monies in the Reserve Fund shall be applied as follows: A. Whenever there are insufficient funds in the Redemption Fund to pay the next maturing installment of principal of or interest on the Bonds, an amount necessary to make up such deficiency shall be transferred from the Reserve Fund to the Redemption Fund. The amounts so advanced shall be reimbursed from the proceeds of redemption or sale of the parcels for which payment of delinquent installments of assessments and interest thereon has been made from the Reserve Fund. B. In the event an unpaid assessment is paid in cash in advance of the final maturity date of the Bonds ("Prepaid Assessment"), the Treasurer shall credit such Prepaid Assessment with a proportionate share of the Reserve Fund, thus reduc ing the total amount of the Reserve Fund. q-~l 5 C. Interest earned on the permitted investment of monies on deposit in the Reserve Fund shall remain in the Reserve Fund so that the amount therein may accumulate to and subsequently be maintained at the "Reserve Requirement".. The Reserve Requirement shall be an amount equal to the lesser of (i) the Maximum Annual Debt Service on the Bonds, (ii) 125% of the Average Annual Debt Service on the Bonds, or (iii) 10% of the original principal amount of the Bonds outstanding. Annual Debt Service on the Bonds for each year ending September 2nd shall equal the sum of (a) the interest falling due on the outstanding Bonds in such 12 month period, assuming that the outstanding Bonds are retired as scheduled, and (b) the principal amount of outstanding Bonds falling due during such 12 month period. "Average Annual Debt Service" shall mean the average Annual Debt Service during the term of the Bonds. "Maximum Annual Debt Service" shall mean, as computed from time to time, the largest Annual Debt Service during the period from the date of such computation through the final maturity of any outstanding Bonds. D. Any excess in the Reserve Fund transferred by the Treasurer to the Redemption Fund shall be used to advance the maturity of Bonds or credited towards unpaid assessments each year during which any part of the Bonds remain outstanding. The Auditor's record prepared pursuant to section 8682 of the Act shall reflect credits against each of the unpaid Assessments in the manner provided in Section 10427.1 of the Act in amounts equal to each assessment parcel's proportionate share of any Reserve Fund disbursement. E. Except as provided above, no Reserve Fund disbursement shall be made in any year in excess of the amount which would cause the Reserve Fund to fall below the minimum amount required to be maintained therein. F. All sums remaining in the Reserve Fund in the year in which the last installments of the assessments become due and payable shall be credited toward the assessments as follows. pr ior to June 30th of the fiscal year next preceding the fiscal year in which the last unpaid assessment installment becomes due and payable, the Treasurer shall determine the amount remaining in the Reserve Fund, if any, after all sums advanced and interest thereon have been reimbursed, and shall order same to be credited in the manner set forth in Section 10427.1 of the Act, provided only that where all or any part of such assessments remain unpaid and are payable in installments, the amount apportioned to each parcel shall be credited against the last unpaid assessment install- ment, then such excess shall be credited against the next to last unpaid assessment installment. SECTION 20. No Issuer Liability. It is hereby further determined and declared that the Issuer will not obligate itself to advance any available funds from its Treasury to cure any deficiency or delinquency which may occur in the Bond Redemption Fund by failure of property owners to pay annual special assessments. This determination shall be clearly set forth and stated in the title of the Bonds to be issued pursuant to these proceed- ings as authorized and required by Section 8769 of the Streets and Highways Code of the State of California. q-4~ 6 SECTION 21. Covenant to Foreclose. The legislative body hereby covenants that upon default of any assessment payment due, it will cause Superior Court foreclosure proceedings to be brought within one hundred fifty (150) days of such default and thereafter diligently prosecute to completion such proceedings. Such foreclosure proceedings may be deferred if funds are advanced to the Reserve Fund to keep said Fund continually at the level set forth in the Section entitled "Reserve Fund" set forth hereinabove. SECTION 22. Covenant to Maintain Tax-Exempt Status. The Issuer covenants that it will not make any use of the proceeds of the Bonds issued hereunder which would cause the Bonds to become "arbitrage bonds" subject to Federal income taxation pursuant to the provisions of Section 148(a) of the Code, or to become "Federally-guaranteed obligations" pursuant to the provisions of Section 149 (b) of the Code, or to become "private activity bonds" pursuant to the provisions of Section 141(a) of the Code. To that end, the Issuer will comply with all applicable require- ments of the Code and all regulations of the United States Department of Treasury issued thereunder to the extent such requirements are, at the time, applicable and in effect. Additionally, the Issuer agrees to implement and follow each and every recommendation provided by bond counsel and deemed to be necessary to be undertaken by the Issuer to ensure compliance with all applicable provisions of the Code in order to preserve the exemption of interest on the Bonds from Federal income taxation. SECTION 23. Covenant Regarding Arbitrage. The Issuer shall not take nor permit or suffer to be taken any action with respect to the gross proceeds of the Bonds as such term is defined under the Code which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds, would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the regulations promulgated thereunder. SECTION 24. Order to Print and Authenticate Bonds. The Treasurer is hereby instructed to cause Bonds, as set forth above, to be printed, and to proceed to cause said Bonds .to be authenticated and delivered to an author ized representative of the purchaser, upon payment of the purchase price as set forth in the accepted proposal for the sale of Bonds. SECTION 25. Arbitrage Certificate. On the basis of the facts, estimates and circum- stances now in existence and in existence on the date of issue of the Bonds, as determined by the Treasurer, said Treasurer is hereby autho- rized to certify that it is not expected that the proceeds of the issue will be used in a manner that would cause such obligations to be arbitrage Bonds. Such certification shall be delivered to the purchaser together with the Bonds. IN WITNESS WHEREOF, the Issuer has executed this Bond Indenture effective the date first written hereinabove. FINANCE DIRECTOR CITY OF CHULA VISTA STATE OF CALIFORNIA q..4.3 7 COUNCIL AGENDA STATEMENT Item 1..() ITEM TITLE: Meeting Date 6/11/91 Report: Cons i deri ng options for re-des i gnat i ng a Local Enforcement Agency (LEA) as required by the Cal ifornia Integrated Waste Management Act of 1989 Principal Management Assistant SnYde~ SUBMITTED BY: REVIEWED BY: City Manage~ i/ (4/5ths Vote: Yes___No-X-) The California Integrated Waste Management Act of 1989 (AB 939) requires that each 1 oca 1 governi ng body re-des i gnate a Local Enforcement Agency to ensure that minimum standards for solid waste handling and disposal are met. The LEA must meet new State certification guidelines. It is responsible for solid waste facility permits, including application review, approval and CEQA review, and monthly inspections, enforcement and closure/post-closure requirements. Affected facilities include landfills, transfer stations, material recovery facilities, waste-to-energy plants, and composting projects. The certification guidelines for the LEA designation are now available in draft form and will soon be codified in regulations to be adopted by the State board (CIWM8) by August 1, 1991. Within 30 days of adoption of the regulations, each governing body is required to submit a letter of intent to the State on how the juri sdi ct i on intends to meet the requi rement. As an overview, there are three alternatives available. The City may: 1) designate the State (CIWMB); 2) establ i sh its own LEA; or 3) enter into an agreement with an appropriate jurisdiction (County) approved to perform the duties of the LEA. Failure to take any action will result in a designation of the State as the City's LEA by default. The County of San Diego is preparing to meet the State certification requirements and is offering to provide the service to the cities (Attachment A) . The request from the County to cons i der enteri ng into an agreement asks for an indication of interest by June 15, 1991. Although staff is pursuing additional information and clarification, this report advises Council of the need for a decision in the near future, discusses the alternatives in light of available information, and provides a preliminary recommendation to be followed up within the next three months. RECOMMENDATION: 1. Authorize the City Manager to send a letter of intent to the County of San Di ego regardi ng the City's pre 1 imi nary interest in des i gnat i ng the County as its LEA for solid waste management activities; and 2. Direct staff to return to Council in August 1991 with a final recommendation for designation. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservat ion Commi ss ion will review this report at its June 10, 1991 meeting. The Commission's comments and/or recommendat ions wi 11 be reported to the City Council duri ng the discussion of this item or forwarded subsequently in an informational report. 10-1 Page 2. Meeting Item 14 Date 6/11/91 DISCUSSION: Prior to the enactment of the Cal ifornia Integrated Waste Management Act of 1989 (AB 939), minimum standards for solid waste handling and disposal were addressed for enforcement purposes in two categories. health-related and non-health related sol id waste matters. A jurisdiction could designate two di fferent LEA's if it so chose. The City of Chul a Vi sta chose to des i gnate the County of San Diego, Department of Health Services (DHS) as the LEA for health-related solid waste disposal and site storage regulations. For all other standards, the City retained co-LEA status with the County as did 14 other cities in the region. Under the new regul at ions, thi s practice will no longer be all owed and each governing body must designate a sole LEA to handle all matters related to sol id waste handl ing and disposal. Over the next few months, staff will be examining what changes this requirement will necessitate in the non-hea lth-rel ated enforcement act i vi ties the City is currently performi ng, such as 1 itter control, space all ocat i on rel at i ve to sol i d waste collection, etc. REVIEW OF ALTERNATIVES The attached evaluation (Attachment B) details the advantages and disadvantages and the estimated fiscal impact of each alternative previously mentioned. At this time, it appears that the designation of the County Department of Health Services as the City's LEA is the most cost-effective and reasonable solution. That choice will retain the most amount of local control while not requiring that the City engage in a time-consuming and expensive endeavor to establish a staff of technical and professional experts in order to meet State cert i fi cat ion requi rements. Although the fundi ng mechani sm is still to be determined by the County, it is expected that the County's program will be funded from the Solid Waste Enterprise fund (tipping fees) and possibly new charges for permit review processes which will be paid directly by the appl icant. This choice would result in no direct cost to the City unless the City chose to establish its own facility. NECESSARY ACTIONS AND TIME LINES The designation process will not be complete until August 1992. At this time the County is requesting only a letter of intent in order to signal the City's interest in designation. By August 1991, the City will be requested to provide a resolution regarding intended designation. The County's request for certification will be submitted to the State in December 1991. Local LEA certifications are to be approved by the State by August 1, 1992 or the State becomes the City's LEA by default. It is stressed that the action recommended to Council at this time is preliminary in nature and not binding upon the City. Council action is being recommended because of the lead time necessary in the planning process for the LEA designation. FISCAL IMPACT: No direct cost to the City as a result of this action to provide a letter of intent to the County. Should the designation eventually take place, it is not expected that there will be any direct cost to the City. WPC 3699A 10..2- ATTACHMENT A NORMAN W. HICKEY CHIEF ADMINISTRATlVE OFFICE~ 16191631-6250 FAX (6191 557.4060 (!ltluntU of ~nn ~i~Bo CHIEF ADMINISTRATIVE OFFICE 1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101-2472 May 14, 1991 ' John D. Goss City Manaqer City of Chula vista 276 Fourth Avenue ChUla~' ta, CA 92010-2688 Dear . oss: The alifornia Integrated Solid Waste Management Act of 1989 requires that each governing body designate a Local Enforcement Agency (LEA). On May 2, 1991, the County of San Diego Department of Health Services (DHS) staff provided an overview of the draft regulations to the Solid Waste Technical Advisory Committee (TAC). A copy of our presentation is enclosed. The information provided to the TAC includes an overview of the responsibilities of an LEA, the requirements an LEA must meet in order to be designated and certified, and the time limitations in which each governing body must work. The information should also provide you with a better understanding of your governing body's options. ,... ,~ f4 In response to the new regulations, the DHS is actively preparing to be designated and become the certified LEA for the unincorporated areas of the county. In order to maintain consistency in solid waste enforcement, DHS would also like to act as the LEA for the other jurisdictions in the county. If your governinq body would like the DHS to act as the LEA for your jurisdiction, we request that you notify them of your intent, in writing, by June 15, 1991. Please direct your correspondence to: Gary Stephany, Deputy Director Environmental Health Services P. O. Box 85261 San Diego, California 92186-5261 If you have any questions, please contact Gary R. .Stephany, Deputy Director, Enyironmental Health Services at (619) 338-2211. Sincerely, W. HICKEY Administrative Officer NWH:cad Enclosure cc: city DPW Director "rlnt.1Qcv~,.3., ~ c , -t::::. Alternatives - DesiQnation of: A. State B. City of Chula Vista C. County of San Diego, Dept. of Health Services WPC 3700A AdvantaQes Greatest amount of local control Either has or will easily be able to meet certification requirements Most cost-effective choi ce EVALUATION OF LEA ATERNATIVES DisadvantaRes loss of local control Lack of staff and expertise to qualify for certification Lack of funding ATTACHMENT B Fiscal Imo8ct CIWMB staff S128/hr., not expenses, and member service service charge of including per diem charges, travel legal fees. Estimated $70,0aD/yr. for one full-time Registered Environmental Health Specialist, not including appropriate technical consultants, independent legal counsel, safety equipment, instruments and vehicles, and training. No direct cost to the City. Funding is expected to be provided from the County Solid Waste Enterprise Fund (through tipping fees) and permit review charges levied directly against the solid waste facility. 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 the purpose of consideration of a rate increase for trash service provided by Laidlaw Waste Systems, Inc. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public heari ng descri bed in thi s noti ce, or in wri tten correspondence del i vered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 11, 1991, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: May 29, 1991 Beverly A. Authelet City Cl erk II-I COUNCil AGENDA STATEMENT Item J.Z. ITEM TITLE: Meeting Date 6/11/91 City Initiated Proposal to Amend General Plan and Zoning Reclassification to Resolve Inconsistencies Public Hearing: GPA-91-l/PCZ-91-C - City-initiated proposal to amend the General Plan and rezone certain territory, genera lly bounded by E Street, H Street, Second Avenue and Third Avenue, plus an additional area east of Fourth Avenue between "E" and Davidson Streets, to resol ve general plan/zoning inconsistencies within the Central Chula Vista community. The preci se territori al 1 imits, proposed rezoni ngs, and proposed general plan amendments are depi cted on attached Exhibits A,B,C, and D and Table 1. Resolution Vista General Plan Approving an Amendment to the Chula Ordinance Exhibits A, B, C, and and 'b' Changing the zones as described D and Table I, subject to conditions in , a' SUBMITTED BY: REVIEWED BY: Director of Planning ,) City Managery} (/ ;PI!! (4/5ths Vote: Yes___No-x-) BACKGROUND: This item involves amending the General Plan and rezoning an area referred to as the General Plan/Zoning Consistency Study Special Study Area B-1 in Central Chula Vista. The study area is generally bounded by "E" Street on the north, "H" Street on the south, Second Avenue on the east, and Third Avenue on the west. In addition, the study area includes a small area located east of Fourth Avenue between "E" and Davidson Streets. The study area includes approximately 50 acres and 219 lots and was divided into three subareas to facil itate ana lys is and worki ng with the community. Part I generally includes the southern area located between "H" and "G" Streets, Part II includes the central area located between "G" and "F" Streets, and Part III includes the northern area located between "F" and "E" Streets as well as the small area adjacent to Fourth Avenue. On June 19, 1990 the City Council directed the Planning Department to complete the Speci a 1 Study Area B-1 of the General Pl an/Zoni ng Cons i stency Study and Action Plan for Central Chula Vista, and to return with a work program for Special Study Areas B-2, B-3, B-4, and B-5 of the project at a later date. The purpose of the Consistency Study is to resolve general plan/zoning inconsistencies within the Central Chula Vista community which resulted from approval of the Chula Vista General Plan Update on July 11, 1989. 1.2-1 Page 2, Item Jt~ Meeting Date~ The area was pl aced in a speci a 1 study category because of the compl exi ty of the land use issues given the existing patterns of land use, residential density, zoning, and traffic circulation. It was anticipated that the special study areas may require a combination of rezonings and plan amendments to promote their orderly development and conservation. In undertaking this study, the overall approach taken by staff was to closely review the existing character and development patterns of each i ndi vidual neighborhood, and to recommend General Pl an and zoning designations which would best preserve that character. Staff completed their initial analysis of Special Study Area B-1 in August 1990. Field surveys of the study area were conducted to inventory the existing land uses within the study area. Existing zoning, lot sizes, res ident i a 1 densit i es, and adjacent 1 and uses were also tabulated and mapped to assist in the analysis. Based on this research, staff initially proposed rezoning to R-3, R-2, and R-l. Three separate community forums were held with the affected property owners in August and September 1990 to present staff's prel iminary recommendations and to receive input. At the community forums, many of the property owners expressed a desire to retain some type of R-3 zoning for their property instead of the R-2 or R-l zoning recommended by staff. Based on input received from the property owners at the community forums and staff's i nit i a 1 research, staff then further evaluated four altern at i ve 1 and use recommendations and their associated impacts. Staffs' alternatives analysis evaluated the development potential in terms of the number of additional lots permitted and the number of nonconforming lots resulting from each of the alternatives. The potential impacts of each alternative were then considered in the context of the existing development patterns within and adjacent to the study area. In addition, concerns raised by the Chula Vista School District about impacts resulting from additional development within the study area were considered. Staff's revised recommendation which is before the City Council in this report for the Special Study Area B-1 was presented at a final community forum with the property owners on February 7th. The Environmental Review Coordinator conducted an Initial Study, IS-91-13, of potential environmental impacts associated with the implementation of the proposed rezonings and General Plan amendments. Based on the attached Initial Study and comments thereon, the Coordinator has concluded that this reclassification would cause no significant environmental impacts as per the Negative Declaration issued on IS-91-13. RECOMMENDATION: 1. Based on the Initial Study and comments on the Initial Study and Negative Declaration, find that the proposed rezonings and General Plan amendments wi 11 have no s ignifi cant envi ronmenta 1 impacts and adopt the Negat i ve Decl arat i on issued on IS-91-13 for the General Pl an/Zoni ng Cons i stency Study. 2. Adopt a resolution to change the General Plan as described on the attached Exhibits A, B, C, and D and Table I. 12-2- Page 3, Item 12- Meeting Date 6/11/91 3. Adopt an ordi nance to change the zones as descri bed on the attached Exhibits A, B, C, and D and Table I subject to the following conditions: (a) The City of Chula Vista shall enforce any appropriate legal mechanism sponsored by the Chu1a Vista School District and the Sweetwater Union High School District to mitigate impacts on school facil ities. (b) A 11 exi st i ng nonconformi ng uses created as a result of thi s act i on shall be allowed to be reconstructed in the event of destruction of greater than 60% of the property's improvements upon review and approval of the Planning Commission. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public heari ng on thi s matter on March 31, 1991, and then continued the heari ng to April 10, 1991. On April 10, 1991, the Planning Commission recommended approval as stated herein by a vote of 6-0-1 (Commissioner Martin abstained). A total of four property owners spoke "for" the rezone and eight "against." The Resource Conservation Commi ss i on cons idered the Negative Declarat i on on January 9, 1991 and took no action. DISCUSS ION: 1. Ad.iacent zoninQ and land use. (See Table II for Glossary of Zoning Categories) Primary area between Second and Third: North CC,CCP,CO, Commercial, single family and R-l, R-3 multi family residential East R-l Single family residential South R-l Single family residential West CO, CC, CB, Commercial and multi family R-3 residential Area east of Fourth Avenue: North CT Commerc i a 1 East R-3 Multi-family and single family family residential South CO Park, library, civic center West R-l Single family residential 12.-3 Page 4, Item~ Meeting Date 6/11/91 2. Existino site characteristics. The ent ire study area is zoned R-3 except for the small, i so 1 ated area located adjacent to Fourth Avenue between "E" and Davidson Streets which is zoned C-O and C-O-P. [HISTORICAL NOTE: The Central Chula Vista District (Special Study B-1) has been historically zoned R-3 (multiple family), approximately since the late 1940's and early 1950's per Zoning Ordinance 398 adopted by City Council, March 22, 1949.] The study area is developed with a diverse mixture of single family and multi family residences including: a. single family homes on one lot; b. duplexes; c. lots originally developed with single family units which now include an additional one to three units through garage conversions, or the construction of additional detached or attached units; d. larger multi-family apartment or condominium developments. Because of the diversity of density and products types occurs throughout the study area, the study area is very non-homogenous. Although the study area does not consist of a well-defined single family or multi family neighborhood, there are subareas within the study area which have a somewhat consistent character. The isolated portion of the study area located adjacent to Fourth Avenue between "E" and Davidson Streets includes 8 parcels developed with duplexes, multi family residences, and offices. This area is zoned c-o and C-O-P, and is designated as High Density Residential (18 to 27 du/ac) on the General Plan. 3. General Plan The majority of the study area is designated as Low-Medium Density Residential (3 to 6 du/ac) except for the southern portion which is designated as Medium-High Density Residential (6 to 11 du/ac), a small area located east of Church Avenue between "G" Street and Al varado Street which is also designated as High Density Residential, and the area adjacent to Fourth Avenue which is designated as High Density Residential (18-27 du/ac). ANALYSIS The analysis provided below is divided into subareas based on the different zoning and General Plan amendment recommendations proposed by staff. The 12-cf. Page 5, Item 1. t, Meeting Date 6/11/91 specific location of each subarea is illustrated in Exhibits A, a, C, and D and the existing and proposed General Plan designations and zoning for all of the subareas is summarized in Table I. Table III provides an overall comparison of the number of additional units which could be built in this study area under the recommended zoning, compared to existing zoning. 1. Part 1 - Subarea 1A. Existing General Pl an: Low-Medium Residential Proposed General Plan: Medium-High Residential Existing Zoning: R-3 Proposed Zoning: R-3-P-22 This subarea includes 17 lots of which 7 include single family residences, 1 lot includes 2 separate single family residences, and 9 include multi-family residences. The lots north of "G" Street are 6,135 square feet while the lots south of G Street range between 10,000 and 16,000 square feet in size with one 1.17 acre lot. Densities on existing multi-family lots range from 13 to 43 dulac with an average density of 26 du/ac. Under the existing R-3 zoning, there are 5 nonconforming lots and an additional 38 units could be developed within this subarea. Under the proposed R-3-P-22 zoning, there would be 5 nonconforming lots (no change) and an additional 26 units could be developed. The zone reclassification from R-3 to R-3-P22 (22 du/ac) would allow for multifamily development but at a density which is lower than what is allowed under the current R-3 zoning. The R-3-P22 density is compatible with the overall character of the area which includes both single family and multi family residences. It provides for design review in accordance with the "P" Precise Plan Modifying District guidel ines. Under the R-3-P22 zone, development of three units is allowed on a 6,000 square foot lot which is the predominant lot size within this subarea. The proposed R-3-P22 zone and Medium-High Density Residential General Plan designation provide a good transition within the study area between the single family residential area located east of Second Avenue and the downtown redevelopment area located to the west. 2. Part 1 - Subarea lB. (Exhibit Al Existing General Plan: Low-Medium Residential Proposed General Plan: Medium-High Residential Existing Zoning: R-3 Proposed Zoning: R-3-P-14 This subarea includes 19 lots of which 6 residences, 4 are lots with two single family duplex, and 8 include multi-family residences. incl ude single family residences, one is a Most lots are 7,000 12-5 Page 6, Item t.% Meeting Date 6/11/91 square feet whil e 5 lots range ins i ze from 7,700 to 9800 square feet. The average density on existing multi-family lots is 22 du/ac. Under the existing R-3 zoning, there is 1 nonconforming lot and an additional 30 units could be developed within this subarea. Under the proposed R-3-P-14 zoning, there would be 8 nonconforming lots and an additional 6 units could be developed. There are several factors which support the proposed rezoning to R-3-P-14: a. It allows for additional development at a density that is compatible with the existing character of the area which includes a mixture of approximately half Single family lots with one or two units per lots and half multi family lots. b. It provides a transition between the high density residential development located to the north and south, commercial development to the west, and proposed R-l zoning to the east, and existing single family development immediately east of the study area. c. It provides more flexibility in parking and building requirements, and is better suited for lots already developed with one dwell ing unit than the R-2 zone. 3. Part 1 - Subarea 2. (Exhibit Al Existing General Plan: Low-Medium Residential Proposed General Pl an: High Residential Existing Zoning: R-3 Proposed Zoning: R-3 This subarea includes 6 lots all of which are developed with multi-family residences. Four lots are 7,000 square feet in size with the remaining 2 lots being approximately 30,000 and 60,000 square feet. Densities range from 25 to 74 du/ac with the average density being 38 du/ac. This subarea is located adjacent to the commercial development along Third Avenue. All of the lots are nonconforming under the existing R-3 zoning since the existing densities exceed the density allowed by the R-3 zone. Consequently, staff is recommending retaining the existing R-3 zoning in this subarea and amending the General Plan from low-medium to high density residential to be consistent with the existing zoning and development in the subarea. 4. Part 1 - Subarea 3. (Exhibit Al Exi st i ng General Pl an: Proposed General Plan: Existing Zoning: Proposed Zoning: Low-Medium Residential Low-Medium Residential R-3 R-l iz-t, Page 7, Item 1.1, Meeting Date 6/11/91 This subarea includes 24 lots, of which 19 are developed with single family residences, 2 are developed with 2 single family residences on one lot, 1 is developed with a multi-family residence, 1 is vacant, and 1 is a church parking lot. Seventeen lots are between 6,000 to 7,000 square feet in size. Six lots are between 7,700 and 12,600 square feet in size, and the church parki ng lot is 51,150 square feet in si ze. The average dens ity is 6 du/ac except for 3 lots with dens i ties of 11 to 18 du/ac. This subarea is located adjacent to the existing single family neighborhood extending easterly from Second Avenue. Under the existing R-3 zoning, there are no nonconforming lots and an additional 52 units could be developed within this subarea. Under the proposed R-l zoning, there would be 5 nonconforming lots and only one additional unit could be developed. No residential development of the church parking lot is assumed. Staff is recommending rezoning this area to R-l to retain the existing single family development character of this subarea. In addition, there is a lack of sufficient on-street parking to support development of an additional 52 units within this subarea. This is the only subarea within the entire study area which is single family in character and where staff is recommending retaining the existing Low-Medium Density Residential General Plan designation. 5. Part 1 - Subarea 4. (Exhibit Al Existing General Plan: Medium-High Residential Proposed General Plan: High Residential Existing Zoning: R-3 Proposed Zoning: R-3 This subarea includes 18 residential lots all of which are developed with multi-family residences except for 1 lot which is developed with a single family residence. In addition, the northwestern portion of the subarea is developed with the St. Rose of Lima church, school, and convent. Lot si zes range from 11,000 to 66,200 square feet. The predomi nant lot size for the area south of H Street is 21,759 square feet. Most of the lots located north of H Street are between 21,800 and 31,500 in size. Densities range from 9 to 64 du/ac with the average density being 28 du/ac. This subarea is characterized by high density large apartment buildings located along H Street. Under the existing R-3 zoning, there are 5 nonconforming lots and an additional 68 dwelling units could be developed. Because this area is characterized by high density residential development, staff is recommending retaining the existing R-3 zoning in this subarea and amending the General Plan from low-medium to high density residential to be consistent with the zoning and development pattern. Development of add it i ona 1 uni ts in conformance with the R-3 zone woul d be cons i stent with the existing high density character of the area. ~'2.-7 Page 8, Item J.z. Meeting Date 6/11/91 6. Part 2. (Exhibit Bl Existing General Plan: Proposed General Plan: Existing Zoning: Proposed Zoning: Low-Medium Residential Medium-High Residential R-3 R-3-P-14 This subarea includes 59 lots of which 35 include single family residences, 2 are lots with two single family residences, 5 are duplexes, and 17 include multi-family residences. Most of the lots (34 lots) are between 6,100 and 6,750 square feet in size, with 13 lots being less than 6,000 in size and 12 lots being greater than 6,750 square feet in size. Approximately two-thirds of the lots are developed with single family residences and duplexes with the remaining one-third developed with multi family residences. The average density for this subarea is 11 du/ac. Under the existing R-3 zoning, there are 8 nonconforming lots and an additional 76 units could be developed within this subarea. Under the proposed R-3- P-14 zoni ng, there woul d be 17 nonconformi ng lots and an additional 28 units could be developed. For the R-3-P-14 zone, it was assumed that a minimum lot size of 6,222 square feet is required to qualify for development of two dwelling units on a lot. Consequently, lot consolidation would be required to achieve a density increase on lots consisting of less than 6,222 square feet. The R-3-P-14 zoning allows for additional development at a density that is compatible with the existing character of the area which is predominantly single family and duplex units. In addition, the R-3-P-14 zone provides more flexibility in parking and building requirements, and is better suited for lots already developed with one dwell ing unit than the R-2 zone. 1. Part 3 - Subarea 1. (Exhibit Cl Existing General Plan: Low-Medium Residential Proposed General Pl an: Medium-High Residential Existing Zoning: R-3 Proposed Zoning: R-3-P-22 This subarea includes 68 lots of which 26 include single family residences, 5 are lots with two single family residences, 6 are duplexes, 30 include multi-family residences, and one is a parking lot. Most of the lots (40 lots) are between 6,000 and 7,000 square feet in size, with 18 lots being less than 6,000 in size and 10 lots being greater than 7,000 square feet in size. Approximately half of the lots are developed with single family residences and duplexes, and half are developed with multi family residences. Under the exi st i ng R-3 zoni ng, there are 10 nonconformi ng lots and an additional 106 units could be developed within this subarea. Under the 1 z.-i Page 9, Item 12 Meeting Date 6/11/91 proposed R-3-P-22 zoning, there would be 13 nonconforming lots and an additional 74 units could be developed. The zone reclassification from R-3 to R-3-P22 (22 dulac) would allow for multifamily development but at a density which is lower than what is allowed under the current zoning. The R-3-P22 density is considered to be compatible with diverse character of the area which includes approximately half single family and duplex units, and half multifamily residences and provides for design review in accordance with the "P" Precise Plan Modifying District guidelines. Under the R-3-P22 zone, development of three units is allowed on a 6,000 to 7,000 square foot lot which is the predominant lot size in this subarea. 8. Part 3 - Subarea 2. (Exhibit OJ Existing General Plan: Proposed General Plan: Existing Zoning: Proposed Zoning: High Residential Professional & Administrative Commercial c-o & C-O-P c-o-P This subarea includes 8 lots of which 2 lots are developed with offices and parking, 4 lots are developed with duplexes at a density of 13 dulac, and 2 lots are developed with multi-family residences at an average density of 26 du/ac. The average lot size is 9,000 square feet. The proposed recommendation would retain the existing C-O commercial zoning of this area but would add the "P" Precise Plan Modifying District to provide development guidelines to ensure high quality design that will be compatible with residences to the east and west. The commercial designation for this area is more appropriate than the existing High Density Residential General Plan designation given that this area is adjacent to the commercial corridor along "E" Street to north and to the south along Fourth Avenue, there are high traffic volumes along Fourth Avenue, and a portion of the area is currently developed with commercial office uses. FISCAL IMPACT: Not applicable. WPC 9325P 12-9 Page 10, Item~ Meeting Date 6/11/91 TABLE I EXISTING AND PROPOSED GENERAL PLAN DESIGNATIONS AND ZONING ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Existing Genera 1 Pl an Part 1: Area lA Area IB Area 2 Area 3 Area 4 Low-Medium Low-Medium Low-Medium Low-Medium Medium-High Low-Medium Part 2: Part 3: Area 1 Area 2 Low-Medium High Proposed General Plan Existing Zonina Medium-High Medium-High High Low-Medium High Medium-High R-3 R-3 R-3 R-3 R-3 R-3 Medium-High Professional & Administrative Commerci a 1 R-3 c-o & C-O-P Low-Medium Density Residential Medium-High Density Residential High Density Residential WPC 9325P = 3-6 du/ac = 11-18 du/ac = 18-27 du/ac 1. "2..-1 0 Proposed Zonina R-3-P-22 R-3-P-14 R-3 R-l R-3 R-3-P-14 R-3-P-22 C-O-P TABLE II ZONING DESCRIPTIONS R-I SINGLE FAMILY RESIDENCE ZONE: Permits single family dwellings, accessory uses, and certain conditional uses. R-2 ONE AND TWO-FAMILY RESIDENCE ZONE: duplexes, and attached single family conditional uses similar to R-I zone. Permits single family dwellings, dwell ings. Accessory uses and R-3 APARTMENT RESIDENTIAL ZONE: Permits multi pl e dwell i ngs, townhouses and duplexes, and accessory uses. Single family homes and other designated uses permitted with a conditional use permit. 32 units per acre maximum density. R-3-P-14 APARTMENT RESIDENTIAL ZONE WITH PRECISE PLAN MODIFYING DISTRICT. 14 UNITS PER ACRE: Allows uses permitted in the R-3 zone. New development subject to Precise Plan applications including Design Review. 14 units per acre maximum density. R-3-P-22 APARTMENT RESIDENTIAL ZONE WITH PRECISE PLAN MODIFYING DISTRICT. 22 UNITS PER ACRE: Allows uses permitted in the R-3 zone. New development subject to Precise Plan applications, including Design Review. 22 units per acre maximum density. CO ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE: Permits offices for professions, administrative, financial institutions, prescription pharmacies, and other offices of the same character. Accessory uses such as services and sales for occupants and patrons are permitted, as well as designated conditional uses. COP ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONE WITH PRECISE PLAN MODIFYING DISTRICT: Allows uses permitted in the CO zone. New development subject to Precise Plan applications, including Design Review. WPC 9400P 12.-1 TABLE III Summary of the number of additional units which can be built under existing zoning versus proposed zoning, within each subarea, with totals for the entire B-1 area. Existing No. of Proposed No. of Zoning Additional Zoning Additional Units Units PART 1: Area lA R-3 38 R-3-P-22 26 Area 1B R-3 30 R-3-P-14 6 Area 2 R-3 0 R-3 0 Area 3 R-3 52 R-l 1 Area 4 R-3 68 R-3 68 SUB-TOTAL 188 101 PART 2: R-3 76 R-3-P-14 49 SUB-TOTAL 76 49 PART 3: Area 1 R-3 106 R-3-P-22 74 Area 2 c-o & C-O-P N/A C-Q-P N/A SUB-TOTAL 106 74 TOTAL 370 224 (Table III) 12.-'- . ..... I .. ............t, .-. . . ..." t-!... ......'-. ~'-. PARK WAJ__ l:~... ..... ~ !U i L~. .: ..' / , I L.-; · . .~ '/ ~ , Ii. l'o.. . C .,. !" G SII1t:t;I ni ::: . . . ' L ~ : ~ -- - j~t - -- "&1e.'l -~--- ~~ ~ '~l ;6 .. MADRONA .. - . .. I I , I ! .. I I ;i ~._ ,< SUBA I . :'", rY' -sua~ 3 ~r= l-- , . ..- ! -; ~. ROOSEVELT ST -- -- - -*-- SUBAREA 1B ALVARADO -- ---J . ! . , -- , . . - - - ~ i -- l I .... --- - . - -.. "1 SUBAREA 4 .'or... H S~I L__ ~ - . . "--- -----' i . j I l I r : i 1 '; I !! l i SHASTA STAt:J:1 L~. rTD, G. : " \ t-'r\ '\" .- GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl PART I N .. SCALE: I'. 300' L~JTIERI.McIN1YRE AND ASSOCIATES ~. . l ~ - ,.- I ! ..i 1 :~" I . I . I W' . f/) . ._-~,. , : ~-----_.- I.. __ ,. l"' . - - - ~ ; r" -.. i . . r.'. ... , ,"- . 1. _ . . (' _.: i -L-.1 ' ---, ) I _..._~ , ' -- 'v";- ... - -. . EXHIBIT A I I :h i - - ... -t , i , ..._-~ ! F S~I ::N~~~~~ I, I .--- t ,PA F; ~.'- I!I · ~ . .:.'~ .,' ~ - - j ~ ~ -: '. .:.. =, . L-- - - - ~ .. :' ~ :.: - " J < STRrqEET I ~~ -,- J Cf) - __ I I j ..___...Jlll: ___ -4- ; _-: - l - . - -, I ~ !~l j I' F~~~--~--.l!i-~~- /---- I . j I I I CYPRESS . Em1=: I lj-. i ',' ! r' . - - , I .'. f '.! i- . - - , I ~: L -. - - -- h . - - . - I - - . : : ! " - " ~ i - - < - - ~ -- - ~ - - -'1 I -- ... j - -1 - - I CENTER --, ~~li , ' MADRONA S~I ..,j . ; I Iii I . i 1 ! I I. I' I I . STItt: I i i ' - -, I G N . GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl PART II EXHIBIT B I5CAL2: I'. 2llO' LETHERI.McIN1YRE AND ASSOCIATES L'2. -. J . I~ r = : =1 I : ... - - -I . I L--j I. I l---i---- I . ~I I I H~; I I , ! ; i iLJ I I I I 1. ~ t - - 1 I I I ! I ~--l I . ; i , I I I it-__ i-- <I . , < t _ _ _ _- - - - - _ I -----1 r-_ .- - - -~ - - - ~ I .. I SUBAREA 1 i - - - -I r -- - ., ! . ",.' - .'. I ~ .... . ..... DAVDSON STR=I - . ."... , I - '~--1 I i i~ ~, . If/) l~ 10 'I, - . II F t Ctlt'lt:l I I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl PART III - SUBAREA 1 . LErnERI-McINTYRE AND ASSOCIATES '2.- N .. E STRt:t:1 I I .~ -... ~ L _ _ ._. I r---~-' I r - - - -- -, --ill : i - --, I LANSELY WAY . . . I I 'j - - - ~ , . . I 1 I . r--- I i f I ! , , I!I , --j ! I I '~t Ii t SCALI!: I". 2llO' MONTEBEU..O ; I _ _ _ .i . I I - - - I , - --1 I EXHIBIT . C - '- i ! ---i i E I I I -11 (~I ~~~t ..+ I --1 i ...... n. .._n .._ , .. ---1 i . I - r- I , I L-.. i ! DAVDSON STREET f >l -j f "'. '." C l..\ji "''''),,\-E- \"'::";'1 ; ~ I,... ~ Ii lr. ..... I i I 1 . . , I Ii il( I S"T11= I ! ! Ii liF= -1 ~--l ~"r:= I' I ~, t---- I i.11 ! - - . 1-____ I '-----;1 ~- --- r--t, 1--- I I . , im. ;1 '~HI I It I FL' BR~Ry'(:'p~~~~'l L__l- iii" --- "r . :.- . . 'I I r ><;'~ :'..' ;: ~<"~~,, :J,:.. :< \.', ~.' . .,': ~ ., ._~'. r I · . I . i r I , , 1--- i r -- ~_. - I I (HULA VISTA PUBLIC LIBRARY N .. GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl PART III - SUBAREA 2 EXHIBIT . D SCAl..e 1-. "Jar LETIlERI.McINTVRE AND ASSOCIATES -.J MIH DR, -', il~..'::Jlr ,. - I I !!L-jli':-In "I .,," SnlEET .' , ~~__! ;=5f- , ~--. >;'-' f--c ~ .- .,- =J~u r f. ',1 f ' " ~i -- , 'ef:: -",' - I -- 'L.Jt: 51 " '.. "'" I' I P. "Y,' ~&IIK, I".. ..".~ ~--. ~,-. '"r r .": P'," ".' --.... P .;. ,""...-. CIVIC CENTE ettULA VISTA . PUSLIC LIBRAI!tY I Ii ... ~_._~-:"'... ~c '. i ,I II ' .-I '_ , - RC- , ) 1- , : I ~~, .DR, j ~t - ;. ~--I HDR . '-PRK' , . ", '" . "'E"OR'AL PARK "', -"" . ~ , ~ . . ',' .... 1"l ~7'~:-~ I_ i! ! : .: :-;-1 I, ! : , lEI' "!! , ~I ;~I I;;; 11 ~ ~:.:'-'---'--'--';'! pap ,- f-!' . ~ I !- f--. i i'" t'J , I ~c, 5 v 'T r-~ I !! i I .\ I II ! , ' ~, h=dil ii,1 I hi ':'1' !,I-~',I!. I! LU f1Pn \ I' -mr[----iB Ef-3 ~ . ~f-4~~ PAC . -h ~~~t:::J AY I : : iERALi I :L__ ,~- 5, . H~- ~ OSP. ..' ,. "C . .1 ." '1 t::::J , d::...d -"- .",j -- - = ,.~ 1= -1,- I- :: ~\~I~:~I;'." == = = ....... ==1 - - - -" - 5= - ._ = :U~l il- , -- - .. - ~t~:~,j -i:t fr ,T [..... ." III .. I-- ......, " i" => I-- . ,',';'" .. \Wf-- > ' rill: .. c' ... . _. . -, K "" ~ ,PART' . ',:?:>.~ ,.,',. , 1.'\1'~,': />/.~ ,"', l~' t ;~//I-- , . l' oCl LiM DR 't ! I' , " . " . , , j', ; I . , ,...; ......:I"""i ~ t" '-l I-- == - ---1 '. % .. '-' " . , _L '. ' , " " fwrr I Q a: . , i 0- I ., .AS A I.!..I.!UlT I I I I r' "I i i.J \ N -0. GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA 81 SURROUNDING GENERAL PLAN DESIGNATIONS SCAI..E: 1-. 600' LETIIERI-McINTYRE AND ASSOCIATES 1-2-1" t u:G[ND L{M DR 1Aw/Mediaa Dcaaily , .. '.1 (U doll<) NDR _DaoiIyR '. '1.' r (~lldo/lC) NtH DR N_1HiP Dcaaily t D .. '.1 (11-18 dull<) H DR HiP Dc.iry D .... "';.1 (18-27 dolo<) RC __ r .... pop PabIi< lid 0a0Ii Public PAC fl, . .16. ..........:.,...uve ?,,:,..-vci&I PRK Porblld_ i :- >- 'm~~~ .. l - . j~1- r'..- . I- '. , :r-~' "",,- ...~nl\"- :::1 : · r..,IWI, gn L F " "', ' I J I , ' :- -.1.' r-'--:"'- ",.LL ... , T- , W, o-l-I- . _.-- I -'- ,,' :' ; . , ~ . :! '. .! i Ii I---:- ~ yt, ST.I' l- i,;'; - ... ::> ,Z -- ... > c ; i , , 'i;'!, 1- ~ I- , 'I, . , . .. t z l.J .. - '. ...- '," ";,,. ';~ !~~:PIi' ~~ '~'C >?~'.I i i i; I!. !.... ; ; , ' . ';"1-- '-- ~ "'. . .... ~ !!IllffiM..' 't-- i}/. ":> r" '....d I .._.___" l.. :.:-::_> :::- ~CS:: ..--. .--- I---:: ' _ -.- --- . -',. !"" -,~ .--J'i-- .,-'. .H. 1 i ............ .., ',.- ...,.- .., '-- ..- ..I- f-; -+-HI III'- -+- h-\,\ ii' =i- ",. , .....-;~; .., I,~ ' ~~ 11 '. ' '", I---.:: EXHIBIT E , eTp1 ! I f R2P A-3..;f! ..\ r! 1("" .., ~i ee CCP CO~'i1 R2P R-3 :I~\- CT . E" ~ ~ .~ .eo_ -j I j i i i.__ , , ! R3P fl.oJi i~i i-..lf ~~: !~l -PART _W -'<0.,;' ;='~ ;Z. .'-'1.._...._ /,-'- '"-.., ~~:-~:ft :3. ,. , ~ -1 ...._i~1 :;:::! , j,j '.... , j:.l! ~ ::i ';:00' "' ; ~, : ,...., ~z .- ..~. ':It ,--'I ;~':'j ';;1-- J ~~. ",:.,v\ ! r---, ( ~ .,..~... . .' I :~ '"" . i...... ...~ ..~ ;~; ~..., 1'~ ~~~>.:: -~- ' \ , -./ , :R-1 ~ t-- :C':Ol' ~AR.. lI'tvf ....K ; '. lie .V,C co ' , :E~TEP 1 '~oIl' I' c.." ',.,.r. ..~. ='-<" ~:e~t.~)' i , . . ---. - ------ <:10 i , i ! - t~ a_ , ;- 0: .1 . :COPi ~--_.- ! ..- '. .' " '-:;':) i ., "-:-1. : 3k'r-'" , ,CJ =1 ; I ~ I eal ; ! ,- . /.-", :' / '\, \ !"l:' ~:!i ~=i ~- t ..~.JiM.C.Ni ~-- R 3 HilA" ~ : , I ec i i ""-t' 10. i n_ .i~t-----.. iWI__. _"';i--/- .:=Ii .'_ 1~1 :>1 iCl k! ii, . jj- ~ ; .. :-"1 "'.4 .;~ 1~ + R3 HP coo w j :; Z' Wi >, ." , , . , : t ',;-.",c-':'o :':";:.:r::!-:s ~ " t-:.__~~: -J~- U- ,Z~ .;~ ;".i .;1 nO r ~ I- i . \" __ i i'"-""~""-'""'''-''''''''''''"-'u_"",,~,...L._,.,.. , >; ~; PARK \.~::MOR1~"l.L .; to;,....; :: r~;.. ;JI.... .. ::. ~ R~ . I I', __ I f----- i 1"",,[ :::::: '01 t I~i--- / n I~! ......-1 ! l'"r--R:1~~~[ ~~ r -=-~:._:,;;t ...-=-:: j i 1 i I \~ ---~ l : . \\ ..,~'. -,,//,' 'I ""'~ (~ \",i-...- .-.' . jt.-_~ '.:r-\L -=~j~~----=~:_~ ~ i.---.i ; "I'" . r--i r-i 11- :~f-= ~~I'.~ . I r::-JI=-~'.~\../": .-:= R-1 nm f.;,~ 0~i5. _. I j -; r-'l \! f. -~-i !:H.'~." . '.=-.-.;1:'1 .~ ,; , I R-3 '.':i ,~I I!' ,~I I . , I -tc ! L- ,~. '70::: ..c- ~. ':"L~' ..0 "'l .. ~I- "r ...... . -- --j: .--- '0 I: ':C'Sf' '''f.L T ,Y COP "';-' ~ - ,. "'''.- -, I l__ ERA, I j ! +- ,sp PART I :0: ~ .' CQI- 1 I '-' P i I::::!-'--- W!----... ,>;....-- 01-'" CC R-1 - :,::.'7':. N .. GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl EXHIBIT F SCALE: 1-. 600' SURROUNDING ZONING LEITIERI-McINlYRE AND ASSOCIATES :J. z-,L ORDINANCE NO. ~~~~ AN ORDINANCE OF THE CITY OF CHULA VISTA REZONING CERTAIN TERRITORY WITHIN THE CENTRAL CHULA VISTA COMMUNITY, GENERALLY BOUNDED BY E STREET, H STREET, SECOND AVENUE AND THIRD AVENUE, PLUS AN ADDITIONAL AREA EAST OF FOURTH AVENUE BETWEEN "E" AND DAVIDSON STREETS, TO GENERALLY REDUCE THE EXISTING PERMITTED DENSITIES FROM R-3 TO LESSER DENSITIES, AS DEPICTED ON EXHIBITS A, B, C, AND D ATTACHED HERETO. WHEREAS, the Council has studied the feasibility and propriety of replanning and rezoning an area referred to as the General Plan/Zoning Consistency Study Special Study Area B-1 in Central Chula vista which is generally bounded by "E" Street on the north, "H" Street on the south, Second Avenue on the east, and Third Avenue on the west and, in addition, includes a small area located east of Fourth Avenue between "E" and Davidson Streets, and described in Exhibit E, attached hereto, as Parts 1 through 3, inclusive ("Study Area"); and WHEREAS, said study area includes approximately 50 acres and 219 lots and was divided into three subareas to facilitate analysis and working with the community; Part I generally includes the southern area located between "H" and "G" Streets, which area is represented in the map attached hereto as Exhibit A by the darkened lines and the "subarea" designations; Part II includes the central area located between "G" and "F" Streets, which area is represented in the map attached hereto as Exhibit B. by the containment within the darkened lines demonstrated thereon; and Part III includes the northern area located between "F" and "E" Streets, which area is represented in the map attached hereto as Exhibit C as Subarea 1, as well as the small area adjacent to Fourth Avenue, which area is represented in the map attached hereto as Exhibit D as Subarea 2; and WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-13, of potential environmental impacts associated with the implementation of the proposed rezonings and General Plan amendments and based on the Initial Study and comments thereon, the Coordinator has concluded that this reclassification would cause no significant environmental impacts as per the Negative Declaration issued on IS-91-13; and, WHEREAS, on April 10, 1991, the Planning commission recom- mended approval by a vote of 6-0-1 (Commissioner Martin abstained) of the revisions to the Land Use and Land Use Diagram of the Land Use Element of the General Plan provided for in Council Resolution No. 1 and of the rezoning of said Study Area in the manner herein provided; and, 1 12.-11 WHEREAS, at the Council Meetings at which this Ordinan~e was introduced, the City Council adopted Resolution No. ~ amending the General Plan to permit increased planning dens1t1es 1n the manner therein provided ("General Plan Amendment"); and, WHEREAS, the City Council has determined that the reductions in densities permitted by this rezoning is consistent with the increased densities permitted by the General Plan Amendment; and, Now, therefore, the City Council of the city of Chula vista does ordain as follows: SECTION 1. Rezoning. That the Study Area is hereby rezoned so that subareas denominated in the Table below, which are designated and described on the named Exhibits (attached hereto), shall be changed from the zoning designation in the column entitled "Existing Zoning" to the zoning designation in the column entitled "Proposed Zoning": Exhibit Existing Zoninq Proposed Zoninq Part 1: Area lA Area IB Area 2 Area 3 Area 4 Part 2 : Part 3 : Area 1 Area 2 A R-3 R-3-P-22 A R-3 R-3-P-14 A R 3 R 3 (No Change) A R-3 R-l 1l.. R 3 R 3 (No Change) B R-3 R-3-P-14 C D R-3 c-o & C-O-P R-3-P-22 C-O-P SECTION 2. Special Development Standard Requirements for Zone with "P"-modifier relating to Destruction of Pre-existing, Non- conforming Use. For those above designated subareas containing the "P" modifier in their zoning designation,2 as part of the development standards that the city will incorporate into any precise plans for the development or use of property within said subareas, one such development standard shall be that, notwithstanding section 19.64.150 of the Chula vista Municipal Code, all existing uses within the Study Area which are made non-conforming as a result of this action shall be allowed to be reconstructed in the event of destruction even if the degree of destruction is greater than 60% of the property's improvements, subject to review and approval of 2 1z....ii the Planning commission. The Council finds that this mandatory development standard is necessary to accomplish the council's objective in this particular case, to wit: to stabilize the existing neighborhood from further increases in density. SECTION 3. School Impact Fees Policy. As a matter of policy, the city of Chula vista shall enforce such legal mechanisms sponsored by the Chula vista School District and the Sweetwater Union High School District as may be approved by the City to mitigate impacts on school facilities. SECTION 4: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Robert A. Leiter, Director of Planning Bruce M. C ty Attorney studyb11.wp Endnotes (Not Part of Final Ordinance). 1. Insert Council Reso No. on General Plan Amendments. 3 1:z.-ii( PROOF OF PUBUCATlON (2015.5 C.C.P.) 5T ATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of the CHULA VISTA ST AI-NEWS, a newspaper of general circulation, printed and published TWICE WEEKLY in the City of Chula Vista, and the South Bay Judicial District, County of San Diego, State of California, under the date of Aug. 8, 1932, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supple- ment thereof on the following dates, to-wit: 6/22 all in the year 19.~..1...... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ......C.h.!JJ.iI..J..i.S.t.iI............................. California, this2.2.. day oilun.e.............., 19 .9.1. ...~~....~~........ 1J.-J.."jlJ.- :xlstlng:uses,wittlln::'thEIr"f) ,A..:;-,,:: ,", . conformrng as:aresultof.thl& "h8II,IJi.~" _ j structed In the'ev8ntofdestn::lctfo~aV8rtiJ~~<l-::;r::....~ ., tfon Is greater than 60% Qf the-Prci'p&rqf'S 'mplOve~_J8ct to review and approval of the Pfaming, Commrselan:. 'll'teCpanclt finds th,at this mandatory development atandardds nec:euat:Y to accomplish the Council's Objective In thla panlcularCU8r;..tDrwft:. tD slabiUe the,81'istlng neigh,borh~ from ~~}n_c::", cfe~~, slty,. -$ - ~':' "-'''' "~'I - -.. SECTION3:::-&hQOllmp;ict~ pon~~:;;'-;'i':'-"" ..:_- ." , c'',;,''~', :t~', , {/',_c,~<; As a matter of polley, the C1~ofChula"""ta:sI!'l81l sUd't' legal mechanisms sponsored the Chula Vista . District and the Sweetwater Union HIgSchool OIstl'lct as.m~~.be ap- proved by the CIty to mitigate Irnpactaornchootracllllies..." ",. SECTION 4: ThlaardlnanC8-ahatUakaaftectalAdibaJn;Wlifbfce on the thIrtieth day: from. aru:i.,:\~~~",~,:",;"M~.\IOn, Presented by Approved as to form by' ," :'-";_;_-:/\'!:~'~"~itar ,. >cc"-\-,/'".+,':"'E1:fMctor "-BrtJCeM,~arcf CI1y_OV- Pfan~~ CV01939 Proof of Pub:icatian of .... ...!J.r..ct...... 2.11.6.2.. .............. ..... ........ ..... .............. ORDINANCE NO,2462 AN ORDINANCE OF THE CITY OF CHULA VISTA REZONING I CERTAIN TERRITORY WITHIN THE CEN-TRALCHUlA VISTA COMMUNITY, GENERALLY BOUNDED BY 3 STRE.ET, H STREET, SECOND AVENUE AND TI-URD AVENUE, PLUS AN I ADDITIONAL AREA EAST OF FOUR1H AVENUE BETWEEN "E" AND DAVIDSON STREETS, TO GENERALLY REDUCE THE EXISTING PERMITTED DENSITIES FROM R-3- TO lES" SER DENSITIES, AS DEPICTED ON EXHIBITS A" B"C, AND D ATTACHED HERETO. WHE REAS, the Council has studied the feasibility and propriety of replanning and rezoning an area referred to,as- th8:,Ganera~ Pian/Zoning Consistency Studv Spedal,StudyAreaB-11r.Lc::8ntral Chula Vista which Is generalry bounded by "E" Street 'qry"the north"H Street on the south, Secom:1- Avenue on,the. 88$t, and Third Avenue on the west and,ln addltlan'~ Includes. a amalliarea located east 01 Fourth Avenue belWeen"E"and Davidson I Streets,and described in Exlbit E,attached hereto,as. ,parts 1 through 3,inciuslve("Study Area"); and ..... ~_ . . WHEREAS, said study area Includes approximately 50 acres; and 219 lots and was divided into threesUbal'888 to "facilitate i analysis and working with the community;, Part I gen&rally In-. I eludes the southern area located betweel\ "H"and ''G''.Streets, which area is represented in Ihe map atlaC:l:ledhereto$s ExhlbltA by the,darkened lines and the'''s-ubare~''deslwn:atlons:, Part U in- cludes the central area located between "G. and, "f"',.Straets" which area is represented In the map attact:led'ltr.aretQaS::E.xh1b1t B. by the containment within the darkened'llnes,demlmslrated thereon: and Part III includes the northern~ar..a.locatBGU;letween. "F" and "E" Streets, which area Is rlipresented: 1q..U)a ~atta- ched hereto as Exhibit C as Subarea t. _as well a ,tbaamait~" adjacent to Fourth Avenue, which areali fepT8~, In;~,map: attached hereto as ExhibitDas Subarea2~and ." ..,',< ;,__~.-,'"1' WHEREAS, the Environmental Review Coordlnatoac:oQdUcted an Initial Study, IS-9t-13, of potentla~ envlronmentat I~aa- sociated with the implementation of the. proposed: ~ezorJli'ltJ;,and General Plan amendments and based- on' the- Inttlat StlKiY and comments thereon, the Coordinator has conduded that' thl& ~.. classification would cause no slgnlflcant.envlronmentBt;lmpatts I as per the Negative Declaration Issued on IS-91-13~anct,lio;',:;;>,- WHEREAS, on April 10,1991, th8'Plannlng CommlsunJac.: ommendedapprova~ by a vote of 6-0-1 (CammlsslonerMert;ln ab- stained) of the revisions to the land Use' and Land Use-OlBaram of the Land Use Element of the General Plan provided. tor In Council Resolution No. 16199 and of the- rezoning. at safa.,Stt.tdy Area in the manner herein provided; and",,~':'~ ~,- WHEREAS, at the CoundF Meetings at whlch- tills. Ordinance was introduced, the City Council, adopted ResoltltlOl:ltNo. --amending, the General Plan to permit Increased pIaoninQ desities in the manner therein provided ("General Pia"" Amencf,. ment"); and, . '. . ~ WHEREAS, the Ci~ Council has determined tI:lat tl'reredUc- tions in densities permitted by this rezoning Is ccnslstentwllilthe increased densities permitted by the, GenEJraI; fllar--Am8I:'1Ument; an~ow, therefore, the City Councll'of ttie Clty-of'ChUIB Vlsta:~ I ordain as follows: SECTION 1. Rezoning. ; ..' . ',.' -~ , That the-Study Area Is_hereby rezoned, SO matSUbar:eas,de- nomlnated-' in the Table below, whiCh: ara>deslgnared ilndl Iii&- scribed on. the named Exhibits (.ttachedthetero1~~.hall" be changed from tl"Ie zoning designation 11');!he'columnlilflil1lW "(:ld&1;- lng Zoning:' to;,the zoning-desfgnalfonirtthe CQ~umn,ntlJl~d "pr.o-- posed Zoning :'::;'c';, ,<-. .'.'-",:,~--,-,,<<'.':'. EXHIBIT . EXiSnI!lG 'PilOPbsED ZOI':lNG' .ZOfjI\I(G ,. ~,C~" ,,.'.c R.J .R-3:P-22 R~ R-3-e'of4 R-3 R-t '" PART 1: Area tA Area 1 B Area 3 A A A PART 2: B R.J R-3-f>-t4 PART 3: Arp';l1 C R-3 R-S-P.22 !u ~ ~ IQ ~ ~ ;U ~ ~ ~ ~ ~ "\1 t-: ,~i~C: PARKWAr ':~'" /:h . :ILJ I ~ ld~,.,' '~.' ~ i ! I ' K-l J I "I G SIItCI ~ ~ , -1 l i , ' 1 ~ l' I J LJ . ~ } - -- i I , , --~---~ : , , -: .. ; }- ;~t --- ,< -- '0 ~l ROOSEVELT ST - - - ---.l , MADRONA SUBAREA 1A SUBA h// ---sua~ 3 ~r= <- I l-- , ---t .-..--- i _n_ . __n__n_ I ----j t ~ - ~. . . - . . t SHASTA f I SUBAREA 18 ALVARADO SUBAREA 4 H S~I - n. _ ~ , 1. i .. ' , I :~I :~$. i<1 , . I , t - .- .- . "4 ~ ; - -. 1 I l' - ,---,..' ~i ->>J; - -. '- . - - .. _ _ m _ .. _. .. _ _ , . - - .. - ~ 1-_._______ ,----- --..... :r- - - - - ;._.~-,.- 0.-. . L~8; t---- ! ; ---, /'- V ! - - -. , SlRt:t:.1 rkI=' if ,_ r~ .~, L ,-1 - :, ~ ~ ~ ' N ~ GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl PART I SCALE: t.. 300' Lt;TnERI.McIN1YRE AND ASSOCIATES .12. -23 EXHIBIT A ! i U< ~ i F STItt: I t N-~R~~ il. 1___ . ~ ,P A Fi 1<-- ~ ~ J. ~ , - - - ~ ~ ~ -~',.:_.'- - L - . - .- --Jj.: _-_-. ~ ~....l 0< ,- ,. r ~ . , -' I - . J' STREET Ii" rrl I - . - _I - - - . - - . , ~,' _1'. L, - -.:. - - ~; - - - . -- 4 .... . : ~o t . r-.-------4 -- ---1 ! i!l j r- - - - -- -. 1 ~ !- - - ~ -- 1 ~-_.- i j --~ I ;. ! CYPRESS SI ~ I CENTER ~ I !, I l~' n~l L - - - J ! ~ . ~ ~ I r--- r - - - I L _ __ ! r--- I ----...-...---- MADRONA SlHt:e1 , , , , I i ! I' I i t i , ; , , , , , i ' ; G ~I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N .. PART II SCALE: 1-. Dr LETI1ERI-McINTYRE AND ASSOCIATES 1.:% .. Z. I --, . - i i _ _ ~ 8 --i>>J I - - - ..! ---.... , I - -t I EXHIBIT B , , ,- - . I I ! 1 I I I I~ ! ! 1 mt--- i~-- <I, < ; - - - -- - - - -, - I - - - - ., I ~~BiREA -~ ~ ~ ~ r-----. ~: _ __ _\ . I ~ : : =1 i, ~ - - - \ ' ~--~ I ' L - - ~-- - - I ! DAVDSON S'TRt: I ! , ! j ~! , I i~; I I I i I - . " - , - . - - -1 1 I I . ~~ el i . ,CI> !~ 10 l~, I i I f I I I I F S1'Fa: I I ...... " \ ..... -, "- " :-- " .' 1. I I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl PART III - SUBAREA 1 LETllERI.McIN1YRE AND ASSOCIATES I - - - ~ . i I E SI~1 I f I ... - - . """'l i ;... - - - : .. .,", . I i r-- q- I ~ I --1~l ; . - - -.. J LANSEI.. Y WAY , _ _ _ ~ i ! , . ! - .. } I. I ; I I ---1 I i ~!l I~t t :~ !~ MONTEBELLO c---: ! - - - . I - - - .., N .. EXHIBIT C SC\J..E: 1-. 200' ~ l i l---- -- -. - , L _ _ _.. I , '. 1 ' , i.' ~ - ,6 or' , ~' . . ; I ~ ' .- ,j ! 1 . .' ,".,', I I -, ! r :Ll ~~.A~Y ; ~ARK/! t~ -.. I ~ L ' .. ,"' "." . i I j':" -: .'. i ';: ,-," -,' - ~,~ ,- I I' "' r- IlL ; . I . j I , ' - I 1 , ! ii I I I ! , j , - -, i E SlRt:t:.1 I '- m -.: ! I , \~ t -CCI ~e~ L I I --,-~, - ~ r - , I !--- I I I I , I r I [\ !ill ---1 ~'----l , , . I ~ I ,; I , I " I '.1' 'H' :1 f II '~~i I~Hl I L I .. + .----t i - ~ . J DAVDSON STREET ! ) I " f l I - r'\ "e '-' ./i "'~1o.'-E- \."....;'t; ~ (HULA VISTA PU8,L1C LIBRARY 1.- ~ Ii ii. ....; GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N "0- EXHIBIT , D PART III - SUBAREA 2 SCALE: 1-. 200' LETIlERI.McINTYRE AND ASSOCIATES ~---- ... ,- -- . i- -- i r-- ~- - I I ~ I MIH oRl-+ jlL -'- ..-7 I !:TUI :::-!!;: L..lmt "EO STREET 1 r-Trr =~.. r=t""i pr- _ !--I-::.i ' 4- >>-'-, --' ~ ' 3t ~" J l. ."- , R'~'-' f... ~. , . t.- c:: . '. ,'.,' 'I' I :- , =iR lJu i'-- '-~ !Tlrn~; i . ilki -- -~. HI _.~:~- f-- 'I 'l~'-~.- . ,1-. . ,.- . : LUt:: 1>- ~DA - - -. 4 :> _C => . .. == - . - . -- . .- ~ ~ p. r"~'PIy Jt~, P"!P' .... .,. Ci'~~CE ~ el-lULA VIST"" PUBI..IC LIBRARY 51 , . : ! ,,' .. '~--~F ~C . I ' Re- , I H OR '~ , I, - ~r.J..'DR J ..,. :'~E~'J:f!~' PARi< .>-, "'1- : .---! . '--. .:.. .' .... "", ,. I J;l ;' , - h~ ~7--J f I I I I [ ai I: i I II' _' .,11,;, ; . ~___'-l.-1..-'-,~.___ PQ~ ~, .':...'.'rn. .R : L__ I t:.:1i' !' I ,~ ~OOSEV 1 srq I' q, ,.In!~ II I ,J11 IS:r ~ I FR: ,---.. ,.>----i., ',~~ PAC -"'1 ~~~p t U:GEND L/M DR Low/Mcdium Deasity D ., "01 (3-6 clu/l<) M DR Medium DcasilyR.......;.1 r (6-11 clu/l<) MtH DR _/>tip Deasity t D ... ":.1 (11-18 dujac) H DR HiP DeaIiry p '" .....1 (18-27 clu/l<) RC _ Ccamcn:ial pop PubIi< IIIlI 0.. PubIi<: PAC PrM---_1 ... .a..4_n.i...rativc Ccamcn:ial PRK _1IIlI_ . ... f-- ~- ' - '--10m' c- .. -_ -, f- '- , . 1~. ii- _""'"1 - - -r '. ~ : J;~ -5--i ~::~. :,' :. . . '"f~~ (\~- :U5 ' I , ~ ...,:: ...,... anti I . _ 't .o.~ ~. -- I- _ -I-, .~ : ,l fl-L == I...~.~ '-.;:.:.:,; --- - - -~ E PA.. ru:: ;- H,,- ~ = - '" l....I"'\.J-~_ -.- ~/ '- ~llfl ,.:.:... ".. ... ~ ~' :': ,'- ~ - f-'W . >1 II- - z ---ii, -- .e i Jl,.,,~ '" := I~f- f-' , RE CYPRESS ST. ~ - ,.jC . i: ,i _~- ~:- t:: PART I: i, ' ,~ '':::>;>- r ... RO~ ... IK-'~t= .... ~ ""'" I-C- . "K , . , ' , . ' "r ", i . . ' , i , ' ,"1 ( L'MDA l: "c. , . .... ." " 1=-. 5'" . .~--, ", ,~QIf , . A=.? X:J' t .::~?7~ - -.: z .... r_ ilIl5!!'...L ~ i-- ~ ". . .' i I ~P__.~-~ri~~ .__~ O~ .~.::..:= --;-~ -:.~ . , I .'1 .' I t::.j ~~ ~_..., -::::1.. ~ ..~ f- 'Z f- f- [.... I"" -- - z ... :~. ~ ---1:;1 ::>.. .. ... t. .. .- -- tt Fe . . _L.... . --- , , , ,'. -. 'f'" PART I ...- - - *H- ~.. ':::l- --i ! i ! I :'- ~ ..-----. i' '-E ' -,\,'.I!:1 "~TA' 'm,uT ::t= =r-- \ ~ ~rtD r' : : j f r -; { ; u r-r-l ~~:ij "-<,,'~ ...' N ~ GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA B1 EXHIBIT E SURROUNDING GENERAL PLAN DESIGNATIONS ~lO.~ LETTIERI-McINTIRE AND ASSOCIATES tz-zi TInS PAGE BLANK 12-28 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA GENERAL PLAN FOR SPECIAL STUDY AREA B-1 IN CENTRAL CHULA VISTA TO GENERALLY INCREASE THE DENSITY DESIGNATION IN THE LAND USE ELEMENT FOR SAID AREA. The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, this item involves amending the General Plan for an area referred to as the General Plan/Zoning Consistency Study Special Study Area B-1 in Central Chula Vista which is generally bounded by "E" Street on the north, "H" Street on the south, Second Avenue on the east, and Third Avenue on the west and, in addition, includes a small area located east of Fourth Avenue between "E" and Davidson streets, and described in Exhibit E, attached hereto, as Parts 1 through 3, inclusive; and WHEREAS, said study area includes approximately 50 acres and 219 lots and was divided into three subareas to facilitate analysis and working with the community; Part I generally includes the sou thern area located between "H" and "G" Streets, which area is represented in the map attached hereto as Exhibit A by the darkened lines and the "subarea" designations; Part II includes the central area located between "G" and "F" streets, which area is represented in the map attached hereto as Exhibit B. by the containment within the darkened lines demonstrated thereon; and Part III includes the northern area located between "F" and "E" streets, which area is represented in the map attached hereto as Exhibit C as Subarea 1, as well as the small area adjacent to Fourth Avenue, which area is represented in the map attached hereto as Exhibit D as Subarea 2; and WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-13, of potential environmental impacts associated with the implementation of the proposed rezonings and General plan amendments and based on the Initial Study and comments thereon, the Coordinator has concluded that th is reclassification would cause no significant environmental impacts as per the Negative Declaration issued on IS-91-13; and WHEREAS, on April 10, 1991, the Planning Commission recommended approval by a vote of 6-0-1 (Commissioner Martin abstained) of the revisions to the Land Use and Land Use Diagram of the Land Use Element of the General Plan herein provided for; NOW, the City of Designations, Diagram, for forth below: THEREFORE, BE IT RESOLVED that the City Council of Chula vista does hereby amend the Land Use and the corresponding sections of the Land Use the Land Use Element of the General Plan as set j:z. - jJ l. "Subarea lAw "Low-Medium" For that portion of Part I as shown and Subarea la, from a Land Use to a designation of "Medium-High". on Exhibit A as Designation of 2. For that portion of Part I as shown on Exhibit A as "Subarea 2", from a Land Use Designation of "Low-Medium" to a designation of "High". 3. "Subarea 3", "Low-Medium" For that portion of Part I no change such that the remains as "Low-Medium". as shown on Exhibit A as Land Use Designation of 4. For that portion of Part 1 as shown on Exhibit A as "Subarea 4", from a Land Use Designation of "Medium Hight" to a designation of "High". 5. For all of Part 2 as shown on Exhibit B, from a Land Use Designation of "Medium High" to a designation of "High". 6. For that portion of Part 3 as shown on Exhibit C as "Subarea 1", from a Land Use Designation of "Low Medium" to a designation of "Medium High". 7. For that portion of Part 3 as shown on Exhibit D as "Subarea 2", from a Land Use Designation of "High" to a designation of "Professional and Administrative ommercial". Presented by ved as ~ Robert A. Leiter, Director of Planning 8942a i3z.-i8 RESOLUTION NO. 16199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA GENERAL PLAN FOR SPECIAL STUDY AREA B-1 IN CENTRAL CHULA VISTA TO GENERALLY INCREASE THE DENSITY DESIGNATION IN THE LAND USE ELEMENT FOR SAID AREA. The City Council of the city of Chula vista does hereby resolve as follows: WHEREAS, this item involves amending the General Plan for an area referred to as the General Plan/Zoning Consistency Study Special study Area B-1 in Central Chula vista which is generally bounded by "E" Street on the north, "H" Street on the south, Second Avenue on the east, and Third Avenue on the west and, in addition, includes a small area located east of Fourth Avenue between "E" and Davidson Streets, and described in Exhibit E, attached hereto, as Parts 1 through 3, inclusive; and WHEREAS, said study area includes approximately 50 acres and 219 lots and was divided into three subareas to facilitate analysis and working with the community; Part I generally includes the southern area located between "H" and "G" Streets, which area is represented in the map attached hereto as Exhibit A by the darkened lines and the "subarea" designations; Part II includes the central area located between "G" and "F" Streets, which area is represented in the map attached hereto as Exhibit B. by the containment within the darkened lines demonstrated thereon; and Part III includes the northern area located between "F" and "E" Streets, which area is represented in the map attached hereto as Exhibit C as Subarea 1, as well as the small area adjacent to Fourth Avenue, which area is represented in the map attached hereto as Exhibit D as Subarea 2; and WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-13, of potential environmental impacts associated with the implementation of the proposed rezonings and General Plan amendments and based on the Initial Study and comments thereon, the Coordinator has concluded that this reclassification would cause no significant environmental impacts as per the Negative Declaration issued on IS-91-13; and WHEREAS, on April 10, 1991, the Planning commission recommended approval by a vote of 6-0-1 (Commissioner Martin abstained) of the revisions to the Land Use and Land Use Diagram of the Land Use Element of the General Plan herein provided for; NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby amend the Land Use Designations, and the corresponding sections of the Land Use Diagram, for the Land Use Element of the General Plan as set forth below: 11...3J 1. For that portion of Part 1 as shown on Exhibit A as "Subarea 1A" and Subarea 1B, from a Land Use Designation of "Low- Medium" to a designation of "Medium-High". 2. For that portion of Part 1 as shown on Exhibit A as "Subarea 2", from a Land Use Designation of "Low-Medium" to a designation of "High". 3. For that portion of Part 1 as shown on Exhibit A as "Subarea 3", no change such that the Land Use Designation of "Low- Medium" remains as "Low-Medium". 4. For that portion of Part 1 as shown on Exhibit A as "Subarea 4", from a Land Use Designation of "Medium Hight" to a designation of "High". 5. For all of Part 2 as shown on Exhibit B, from a Land Use Designation of "Medium High" to a designation of "High". 6. For that portion of "Subarea 1", from a Land Use designation of "Medium High". Part 3 as shown on Exhibit C as Designation of "Low Medium" to a Presented by Approved as to form by Robert A. Leiter, Director of Planning Bruce M. Boogaard City Attorney 11" 32.. MADRONA - . - ~ , I , I ! I :1. I , I , !I , t--- ! ! , . -.....------1 . . .. ., . I I -- - j~t -- - . lil u . l ~ - -.- I ! . . ~ i 1 , ' . ..~. :" -(Yo -sua~ 3 -JE ... -- ! ---~ -----I . ! SUBAREA 1B ALVARADO " .- :~l ~tHi .-~"" SUBA ROOSEVELT ST ',.. '. - ~ - - - __ __ _ -s- _ . ---. j I (7- SUBAREA 4 - --. "l ........ I ; ~-------- I.. _. __ . - - - - ~ 1"'---- H S~I i'..._ . , - . .... . - . . , . , . '--- -----" (" - . - -. ,i. I l I f I .:,- I j if' 1 ! ; i ; ! -.. , 1..__ . . --H i .. .. ....-..... __oj /"- to" I .. - -. J SHASTA , I . I STFltt:1 - L~\\:;~.rs : ~ ., '\ '\- 0'-, GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA 81 PART I N .. EXHIBIT A SCALE: 1-. Dr Lh'ITIERI.McIN'IYRE AND ASSOCIATES I i I h i - - .. .. I I I , I ---... , ! F S~I ! t ::~'~~~~ I I .--- t . ,P A F;f~:-- ~ j ~~~.'.~ "'~ ~ L - -J~ I :..: '. -. ", . - - - - - - j ~ ',;, ~ .",", . < CENTER STRr=qEET , ~ _ _ ,_ J (/) _ _ _ I I j .- - - ~ ~ _ _ _ + ; _-: - ;- . . n, I ~ ',. r----.----i-- CYPRESS Slit!: I b' : . ! !~ ~ i - - < - - ~ -- - ~ - - -'1 i --... j - -1 I .. " i- . - . I .... ----....-.-.- L. _.. I ,- - - ; i I - -, ::' i r - - - . . ' MADRONA STAt:t:1 i , , I i .... I . ; I I i I I i ! .1 I I - -, I , . ; I i I , I I . G STFu::t: I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N .. EXHIBIT B PART II SCALE: 1'. Dr LI;TJlERI-McIN1YRE AND ASSOCIATES .J. z.- '32 t : t - - -I I I I ! I rUl I . E S~I - - -I i . < r - - - · i-- --1 ' L--i I. I l_ - - i- - - - I . ~! I I H~; I ' . ! ; ! I I I i~ --- I . t _ _ _ ~ L _ _ __. r---~.. I r . - " -- -. --ill : ; - --, I i -- < . -.. -- I uJ I ,I - - . - - 1 ," p -~ - -- -I SUBAREA 1 r - - -., I \ - - - 1 . ~ . , - - - "I DAVDSON I I - ----1 I i II ~ ~, - If/) l~ 10 'I, i i l.J1 I . ........'..... .~. t ~ ..! . .... I t. - . I I F t STFt=1 ~ I I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N -0. PART III - SUBAREA 1 SCALE: I'. DI' . LIHTlERI-McIN1YRE AND ASSOCIATES .1.Z-J3 L.AHSa y WA. Y i . .j . I I : r- 1; '~i . I : I .. . ! III I~' .1 t MONTEBEI.LO ; I _ _ _.i . I I - - - . I ---l I EXHIBIT . C - \ , I I I I I' . . ! ~i i I j I I i j ! it( ! - - -; I E STFa: I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl PART III - SUBAREA 2 I I I ~I ;~I ~~at ; I I -1 I . . i -. i ~ i _.... -._. ~- --~- - I I -: r- . I I-- . I - , -i . . t , i DAVDSON STREET t ~ I 1 """.,...'c . ~ I I ~. .... ,.. !:' ),,1 - E .... '-' ~;'I i :-( I . IF. S I I , , . I t t---- II Ii __fC I__~ I r I I ~ " .! 'd 'H'l . "I "i/ ~---- 1,1 . t- -- ; ~ I . II ~ -- -= ~r----jl i 1---- I '1 . I I LLlBR~Ry(p~~'~l -j-- i ~ i -' -- - ~ .,'.~. . . 'i' I { ; .": ':~:'" - i <~(.,?;:<!~. . . . . f ! ~-,. - I I 1-____ . i I , CHULA VISTA PU8.,L1C LIBRARY N - EXHIBIT . 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GPA-91-lIPCZ-91-C RESOLUTION OF THE CITY OF CHULA VISTA PLANNlNG COMMISSION RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF GPA-91-lIPCZ-91-C CITY INITIATED PROPOSAL AMENDING THE GENERAL PLAN/REZONING, AND GENERALLY BOUNDED BY E STREET, H STREET, SECOND AND TH1RD A VENUES, PLUS AN ADDmONAL AREA EAST OF FOURTH AVENUE BETWEEN E AND DAVIDSON STREETS, TO RESOLVE GENERAL PLAN/ZONING INCONSISTENCIES WITHIN THE CENTRAL CHULA VISTA COMMUNITY. THE PRECISE TERRITORIAL LIMITS, PROPOSED GENERAL PLAN AMENDMENTS AS DEPICTED ON THE ATTACHED EXHIBITS A, B, C, D, AND TABLE 1 WHEREAS, the subject proposal item involves amending the General Plan in an area referred to as the General Plan/Zoning Consistency Study Special Study Area B-1 in Central Chula Vista. The study area includes approximately 50 acres and 219 lots and is divided into three subareas. The precise territorial limits, proposed general plan amendments as depicted on the attached Exhibits A, B, C, D, and Table 1, and WHEREAS, the Planning Commission set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 300 feet of the exterior boundaries of the property at least ten days prior to the hearing, and WHEREAS, the Planning Commission set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 300 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., April 10, 1991, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-91-13, and NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the Planning Commission, the Commission has determined that the General Plan amendments/rezonings are consistent with the Chula Vista General Plan and that public necessity, convenience, general welfare and practice support the proposed General Plan amendment and rezoning. 12-21 BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt an ordinance to redesignate certain territory as depicted on the attached Exhibits A, B, C, D and Table 1, on the plan diagram of the Chula Vista General Plan based on the following findings: 1. Based on the Initial Study and comments on the Initial Study and Negative Declaration, find that the proposed rezonings and General Plan amendments will have no significant environmental impacts and adopt the Negative Declaration issued on IS-91-13 for the General Plan/Zoning Consistency Study. 2. Adopt a resolution to change the General Plan as described on the attached Exhibits A, B, C, and D and Table 1. 3. Adopt an ordinance to change the zones as described on the attached Exhibits A, B, C, and D and Table I subject to the following conditions: (a) The City of Chula Vista shall enforce any legal mechanism sponsored by the Chula Vista School District and the Sweetwater Union High School District to mitigate impacts on school facilities. (b) All existing nonconforming uses created as a result of this action shall be allowed to be reconstructed in the event of destruction of greater than 60% of the property's improvements upon review and approval of the Planning Commission. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 10th day of April, 1991, by the following vote, to-wit: AYES: Commissioners Carson, Casillas, Decker, Fuller, Grasser-Horton, and Tugenberg NOES: None ABSTENTION: Commissioner Martin ABSENT: None J#1ir,PJt;~,/ ;:kr~ S ey ras r orton, C&aIr ATTEST: . ;{J:c;~Iiey?ec"J:r (OPA-91-11PCZ-91-C) 1 z -3 f Ur'r-- ~'; W \..i...., .:.. --,C--'" ""'\ ""! .-..:o..i......._-...;.~ rn l"l. ~. ......... ""'.... -- .---.....- /,,":'1 PI;';'- , '. ",,,,ii~iij\, ~ -_..J PC Minutes -2- April 10, 1991 EXCERPT FROM MINUTES OF PLANNING COMMISSION MEETING OF 4/10/91 ITEM 1: PUBLIC HEARING: PCZ-91-C/GPA-91-1: CITY-INITIATED PROPOSAL TO AMEND THE GENERAL PLAN AND REZONE CERTAIN TERRITORY, GENERALLY BOUNDED BY 'E' STREET, 'H' STREET, SECOND AVENUE AND THIRD A VENUE, PLUS AN ADDffiONAL AREA EAST OF FOURTH AVENUE BETWEEN 'E' AND DAVIDSON STREETS, TO RESOLVE GENERAL PLAN/ZONING INCONSISTENCIES WITHIN THE CENTRAL CHULA VISTA COMMUNITY (continued from 3-13-91) Contract Planner Lettieri noted this was a continued hearing from the agenda of March 13, 1991, involving the consideration of an amendment to the Chula Vista General Plan and the rezoning of the area described. The study area includes approximately 50 acres and 219 lots, divided into three subareas to facilitate analysis. Mr. Lettieri stated the item had been continued from the March 13 meeting to more adequately respond to the Planning Commission's concerns relative to school impacts. Contract Planner MaryAnn Miller of the Environmental Section of the Planning Department stated that an addendum to the Negative Declaration had been prepared reiterating staff's prior determination that school impacts were not deemed to be significant. Staff's analysis concluded that the project would result in an overall reduction in the number of dwelling units within Study Area B-1 from 370 dwelling units to 200 overall, thereby decreasing the total number of students generated from approximately 218 to 118. Letters of concern had been received from both school districts basically disagreeing with the conclusions of the Negative Declaration. Commissioner Fuller asked if the determination that there was no impact to schools was based on any language contained in a Negative Declaration. The letters from the school districts reiterate that they had advised the City on numerous occasions of overcrowding of schools in the western portion of the City. With the responses received, was it a subjective opinion of staff to not bring that out in the Negative Declaration? Contract Planner Miller answered that the schools are impacted, and there is an overcrowding impact in the schools within the Chula Vista school districts; however, determining whether or not it is significant has to be dealt with objectively within the environmental review process. They look at the proposed project and, in this case, the proposed project consists of an actual reduction of dwelling units throughout the study area. The analysis is based on the overall reduction of the dwelling units proposed with this project and a corresponding reduction in the number of students generated within the study area. Staff concluded from this study that it was not significant. Commissioner Carson said she was not totally comfortable with that, but possibly some recommendations could be made regarding this after the fact that would cause someone else to pay more attention to the problem. 1-Z-'t::J PC Minutes -3- April 10, 1991 Contract Planner Lettieri stated that in addition to the addendum to the Initial Study, staff is working with both the Chula Vista and Sweetwater School Districts to see if there is a legal mechanism that could respond to the school overcrowding situation in the developed western part of the City. In a memo dated April 4 from Bud Gray to the Planning Commission, staff recommended that in addition to the Commission's consideration on the precise zoning, that a condition be added onto the "P" modifying district that states "The City of Chula Vista shall enforce any legal mechanism sponsored by the Chula Vista School District and the Sweetwater Union High School District to mitigate impacts on school facilities." Commissioner Carson asked if this would be a fourth recommendation. Mr. Lettieri clarified that it would be part of the overall recommendation for the "P" modifying district. Commissioner Casillas asked the significance of the ability of the City to enforce a legal mechanism which sponsors; what was meant by "sponsored by the school district." If they have the authority to insist on a Mello- Roos District, what gives the City any authority to enforce or not enforce it. Principal Planner Gray answered that staff had been advised that at the present time State law preempts the ability of the City to impose additional conditions to require mitigation for overcrowded schools. However, it had been recommended in the context of the Growth Management Program by the Resource Conservation Commission that the City attempt to deal with this problem through our State legislators to try to seek some remedy in the State law so we would have some ability at the local level to address this issue. The recommendation is that in the event there is a future change in State law that gives us that ability to deal with the overcrowded school issue at the local level, we pledge our cooperation--our best effort--with the school district to take whatever steps are necessary to carry out that mitigation measure. Commission Casillas clarified that it was placing everybody on notice that if at a future time, the City had the authority to enforce the mitigation, they would enforce it. Mr. Gray concurred. Commissioner Martin asked how many more people there were between north of "L" Street and west of 1-805, and when the last school was built in that area. Mr. Gray did not know what the population increase had been, but the most recent development forecast the staff had issued in the Planning Department indicated there were between 200 and 300 dwelling units constructed on an annual basis west of 1-805 within the city limits of Chula Vista. At the last Council meeting, Kate Shurson of the Elementary School District had indicated the last school had been built approximately 15 years ago. Commissioner Carson asked how the meetings in August or September 1990, and February 7, 1991 were noticed and how well they were attended? 12-'Jo PC Minutes -4- AprillO, 1991 Contract Planner Lettieri clarified that Commissioner Carson was speaking of the public forums, and stated there were three public forums in 1990 and approximately 30 to 45 people attended each; the property owners of public record within the study area were noticed. The current hearing was noticed to 300 feet of the study area. After discussion by the Commission, it was decided Mr. Lettieri would give a general overview of the project and then take public testimony on each section individually, voting on the entire area at the conclusion. Contract Planner Lettieri then gave an overview of the entire area and noted that on June 19, 1990, City Council considered a comprehensive zoning implementation program which was intended to implement the General Plan categories adopted by City Council in July 1989. When Council adopted the General Plan, it was identified that there were several areas within Chula Vista that had zoning categories that were inconsistent with the General Plan categories adopted in 1989. State law which was adopted in 1971 requires that the General Plan and the City's zoning be consistent with one another. This was the first sub-area to be considered out of a total of five that may have to be considered to achieve that consistency. Staff attempted to look at these areas first with the intent to implement the General Plan category which was adopted in 1989; secondly, if based on the existing and surrounding land use, zoning, and residential character, it appeared that the General Plan should be recommended for change, staff tried to propose a General Plan category that would not impact the existing predominant character of the area as well as the existing public facilities that were within the Central Chula Vista community; and thirdly, staff was not recommending mid-point zoning classifications in Central Chula Vista but the best fit between the General Plan, existing development, and other residential factors. After presenting an overview of each sub-area, Contract Planner Lettieri proceeded with each area individually giving the location and the general make-up of the area. Part 1: Sub-area 1 A Mr. Lettieri stated the existing General Plan designation was Low/Medium Residential (3-6 dwelling units per acre), which would be the existing General Plan designation on all the sub- areas. Staff recommended a change in the General Plan designation to Medium/High Residential (11-18 dwelling units per acre) and the R-3-P-22 zone. Under the existing R-3 zoning, there are five non-conforming lots and an additional 38 units could be developed; under the proposal, 26 dwelling units could be constructed. Also, under the R-3-P-22 zone, development of three units would be allowed on a typical 6,000 sq. ft. lot. On any area recommended to be changed to R-3-P-22, lots consisting of 6,000 sq. ft. would have the possibility of constructing three individual units. Chair Grasser Horton asked what happened when a property was down zoned and no longer in conformance. What happens if that unit burned down; what zoning would they have; what could be built after that? 1z-41 PC Minutes -5- April 10, 1991 Mr. Lettieri replied that the specific zoning regulations is that if 60 % of the property burned down, it could not be reconstructed. It would have to be reconstructed to conform to the existing zoning. Chair Grasser Horton asked if it would be difficult to get insurance or a mortgage on a home in that situation? Assistant Planning Director Lee stated staff had inquiries at various times when going through different down zonings and even though it had been an issue, it hadn't hindered the mortgage companies from lending on those properties. There would have to be at least 60% damage to the residence, and then it would have to be rebuilt in accordance with the present zoning. Chair Grasser Horton clarified that if they had three units on their property and the property had been rezoned to R-l, if three of the structures burned down, under the new zoning only one house could be built? Mr. Lee concurred. Mr. Lettieri added, for historical purposes, that when the Commission and Council were going through the zoning implementation program in Montgomery, Council put a stipulation in the approval that existing units of record as of the effective date of the ordinance could be reconstructed to the density in the "P" modifying district to alleviate that potential problem. This was applied selectively. Chair Grasser Horton clarified that in that case, if there were three units which burned down, three units could be rebuilt? Mr. Lettieri answered that, according to the City Attorney, it was legal and it was actually put into the Precise Plan Modifying District for Castle Park "B" which is the area just east of Third Avenue and south of "L". The Precise Plan Modifying District permits the Commission to recommend and the Council to adopt a recommendation that effectively changes the ordinance to apply to a certain piece of property. Chair Grasser Horton verified that the homeowner would be protected. Mr. Lettieri concurred, if it were recommended by the Commission and adopted by Council. Chair Grasser Horton then opened the public hearing for public testimony on Sub-area lA. Sid Morris, Sr., 862 Cedar Avenue, Chula Vista, stated he owned a lot in the area and asked for clarification as to the number of units which could be built on an area - 11 units or 18 units? How many square feet of land would be required for each unit? lz-tZ. PC Minutes -6- April 10, 1991 Contract Planner Lettieri answered that one dwelling unit could be built for every 1,980 sq. ft. under that zoning category. A 6,000 sq. ft. lot would permit three units. No one else wishing to speak, the public testimony was closed on Part 1, Sub-area A. Part 1: Sub-area lB Mr. Lettieri noted this was the area on either side of Alvarado Street with most of the property west of Del Mar Court. Staff recommended a change in the General Plan to MediumlHigh Residential (11-18 dwelling units per acre), with the R-3-P-14 rone. Under the existing R-3 zoning, an additional 30 units could be developed; under the proposal, six additional units could be developed. Commissioner Carson asked if this was a new zoning attached taking into consideration what would happen to the old Windmill Farms building and the vacant lot. What will happen on that comer and when; if it is to be office buildings, where would there be parking. Alvarado is very narrow; where would the parking be for additional development? How can we come up with a proper identification that would make this fit into the General Plan and still be a quality of life for the City of Chula Vista for those people? Mr. Lettieri answered that when the staff recommendation was considered, they were looking at the existing development on the lots which are developed multiple-family. To go to the R-1 zone did not seem to be a reasonable recommendation when looking at the existing character of the area. However, the R-3-P-14 zone simply permits another unit. A total of six units as opposed to 30 under the existing zoning would be permitted. All of the parking would have to be on-site. Assistant Planning Director Lee said the Agency had chosen an office complex, but staff had not been given the specific proposal. They would have to comply with City standards regarding parking and accommodated on-site. There may be some spill-over of parking, however. Chair Grasser Horton re-opened the public hearing for testimony for Sub-area lB. Jackie Smith, 271 Alvarado, Chula Vista, stated she had a small house at 265 Alvarado and wanted to build three units. The R-3-P-14 would not allow that to be built, but the R-3-P-22 would. She proposed using off-street parking and requested the R-3-P-22 zone instead ofR-3-P- 14. John Hillingsworth, 244 Alvarado, Chula Vista, wanted to build three units with off-street parking which would be consistent with the General Plan. His lot contained approximately 7,700 sq. ft. With the R-3-P-14 zoning, he would be able to build 2.47 units; but with the R-3- P-18, he would be able to build three units. He would propose to build three units with off- street parking. 12.-f3 PC Minutes -7- April 10, 1991 No one else wishing to speak on Part 1, Sub-Area 1B, public testimony was closed. Commissioner Decker asked staff why the P-18 or P-22 zoning could not be used. Mr. Lettieri answered that the General Plan recommended a range from 11 to 18; staff recommended 14 because they were taking the most conservative approach regarding implementation of the plan. They are recommending an increase to better represent the existing character of the area. It was an incremental decision that when looked at overall in Central Chula Vista, they were concerned that an increase in the number of units would create an even more difficult situation for the school. Commissioner Tugenberg asked if parking was allowed on both sides of the street on Alvarado; and if there was sufficient room for a fire engine to get through. Senior Engineer Ullrich stated the street was 32' in width with parking on each side, which gave a travelway of 16'. A fire engine could make it through--slowly. Commissioner Tugenberg asked ifthe zoning could be changed to P-18 but not P-22 and remain within the General Plan definition. Mr. Lettieri stated staff would recommend not exceeding 18 but have recommended the P-22 zone in certain areas as being consistent because the General Plan is on a growth basis, including streets where the zoning is on a "net." Street widths can be averaged and come up to a net of 18 dwelling units per acre; however, staff was making their recommendations on an area-by-area basis, and the only reason they had ever gone to 22 du's per acre was if the general character of the area warranted that. If the Commission wanted to change the recommendation, staff recommended that the du's not exceed 18 in this area. Chair Grasser Horton asked if lot 17 would then be a non-conforming lot under the new proposal? She had visited that site with another committee and felt it was a nice project with adequate parking. Mr. Lettieri answered lot 17 would be non-conforming even under the R-3-P-22 zoning. Part 1: Sub-area 2 This area is located on the north side of Alvarado, west of Del Mar Court and south of "G" Street. Staff recommended the R-3 zone with the High Density Residential. The area is developed to its maximum; there would be no additional units. Chair Grasser Horton re-opened the public hearing for public testimony on Part 1, Sub-area 2. No one wishing to speak, the public testimony was closed on Part 1, Sub-area 2. 12~q,t/ PC Minutes -8- April 10, 1991 Part 1: Sub-area 3 This area is designated Low-Medium Residential; staff recommended that it stay Low-Medium Residential but rezoned as R-1 instead of R-3. Under the existing R-3 zoning, an additional 52 units could be built; under the proposed zoning, only one additional unit could be built. Chair Grasser Horton re-opened the public hearing for public testimony on Part 1, Sub-area 3. Theodore Tornesella, 443 Del Mar Court, Chula Vista, commended Commissioner Carson on her comments. He had been a homeowner on Del Mar Court for 32 years. He said the children on the block had nowhere to play except in the street. He asked for the Commission's consideration of the residents' quality of life, noting the shortage of water and the water quality. He said there had to be traffic enforcement on weekends, and the traffic problem was irritating to the people who live there. Mr. Tornesella noted the ads which had been in the paper regarding the number of rentals and for-sale units in the area. Chair Grasser Horton advised Mr. Tornesella that Chula Vista had one of the lowest vacancy factors for rentals. Robert Moore, Del Mar Court, Chula Vista, stated there was an overflow of parking in the evenings and weekends from the multiple family units. He spoke of the loss the owners of one of the lots would incur with the down zoning and he asked if that lot could be left R-3. He supported the down zoning to R-l. John Murphy, 224 Alvarado, Chula Vista, said they had bought the property because it was zoned R-3. The change would cause a financial loss and mental anguish for his family. The down zoning would not have the benefit of an R-l residential area and at the same time would not have the benefit of a multi-unit zone. Sid Morris, Sr., 862 Cedar Avenue, Chula Vista, stated he owned a lot at 421 Del Mar which encompassed between 11,000 and 12,000 sq. ft. and had one house. He didn't believe Del Mar could support R-3 zoning; however, he didn't believe a small area zoned R-1 should be surrounded by R-3. The land would be decreased in value by $1,560,000, using $30,000 a unit as a basis. No one else wishing to speak, the public testimony was closed on Part 1, Sub-area 3. Part 1: Sub-area 4 Staff recommended that the General Plan be changed to the High Density Residential to represent the existing character of the area. Under the existing R-3 zoning, there are five non- conforming lots and an additional 68 units that could be constructed. t Z...tf5 PC Minutes -9- April 10, 1991 Chair Grasser Horton re-opened the public hearing for public testimony on Part 1, Sub-area 4. No one wishing to speak, the public testimony was closed on Part 1, Sub-area 4. ~ Mr. Lettieri stated Part 2 generally included the area between "P" and "G" Streets. The present designation is Low-Medium Residential; staff recommended the Medium-High Residential. Under the existing zoning, 76 units could be constructed; under the proposed R-3-P-14 zoning, 28 dwelling units could be constructed. Chair Grasser Horton re-opened the public hearing for public testimony on Part 2. No one wishing to speak, the public testimony was closed on Part 2. Commissioner Martin declared he had a conflict of interest and could not vote on Part 3, Sub- area 1, since he owns a business on Church Avenue abutting the area. At this point, he left the dais. Part 3: Sub-area 1 Staff recommended a change from Low-Medium to Medium-High with the existing zoning going from R-3 to R-3-P-22. Under the existing R-3 zoning, there are 10 non-conforming lots and an additional 106 units could be developed; under the proposal, an additional 74 units could be developed. Commissioner Carson asked if the zoning was changed to R-3-P-14 or R-3-P-18, how much would it reduce the number of units? Contract Planner Lettieri asked that Chair take public testimony while he calculated the answer to the above question. Chair Grasser Horton re-opened the public hearing for public testimony on Part 3, Sub-area 1. No one wishing to speak, the public testimony was closed on Part 3, Sub-area 1. Mr. Lettieri stated the R - 3- P-14 zone would affect the 26 lots which were developed with single- family units; therefore, on a theoretical basis, it would probably be somewhere between 26 and 35 additional units as opposed to the 74 units. With the R-3-P-22 wne, a third unit is allowed. Commissioner Martin returned to the dais. lZ-V' PC Minutes -10- April 10, 1991 Part 3: Sub-area 2 This area is located along Fourth Avenue, just north of Davidson on the east side of Fourth and designated High-Residential on the General Plan. Staff recommended the Professional and Administrative Commercial designation. The existing zoning is Commercial-Office and staff recommended that the zoning stay the same with the addition of the Precise Plan Modifying District. The proposed recommendation would retain the C-O zoning and staff felt that because of the location of the property north of the Civic Center Complex between the Civic Center Complex and higher density residential units adjacent to Fourth Avenue, it would make a logical extension of the C-O zone. Chair Grasser Horton re-opened the public hearing for public testimony on Part 3, Sub-area 2. No one wishing to speak, the public testimony was closed on Part 3, Sub-area 2. Chair Grasser Horton noted that the sub-areas had been finished, and asked if anyone wanted to make a general comment. Kate Shurson, representing Chula Vista Elementary School District, distributed a statement to the Commission. She disagreed with a comment included in the addendum to the staff report which found that approximately three times more students of school age were generated from single-family units versus multiple. She expressed concern that the proposal would worsen the overcrowding of the western and central schools. With the current zoning, no development could take place because it was inconsistent with the plan. A development project would have to request a General Plan Amendment and rezoning for their specific project. When that happens, it constituted a legislative act and enabled the District to request full-cost reimbursement mitigation for impacts on school facilities. Ms. Shurson said that by down zoning this area absent the specific development proposal, the City preempts the District's opportunity to fully mitigate impacts on already overcrowded schools in the western Chula Vista. The District appreciated the intention of the language proposed to be added to the "P" Modifying District by staff which would enforce any legal mechanism sponsored by the District to mitigate impacts on facilities, and would like to see that type of language incorporated in City policy for all actions. However, when the City is initiating the legislative action absent a specific project, that language is meaningless. Ms. Shurson asked the Commission to consider two options: I) to adhere to the land use designation in the General Plan and process rezonings and requests for General Plan Amendments on a case-by-case basis as these properties come before the Planning Commission and request development approval. At that time, there would be a legislative act and the District would have the opportunity to seek to mitigate the impact on the schools. 12.,1/7 PC Minutes -11- April 10, 1991 2) to include a condition for all subsequent development in this rewned area which requires compliance with school mitigation recommendations. Ms. Shurson concluded that if this amendment and rezoning was approved as proposed more development would be allowed to occur under the General Plan; school overcrowding would be further exacerbated; and the School District would lose the opportunity to fully mitigate impacts the rezoning would have on the already overcrowded western and central area schools. Commissioner Carson thanked Ms. Shurson for coming forward and making that statement. She said that with the fact that we are facing a lack of funds from the State in education, if this went through and there were additional projects developed, would the only way to deal with the overcrowding of the children be double sessions? And if you have double sessions, where would you get the teachers when there is already a shortage? Ms. Shurson answered that the District is busing 428 children; of that number, 385 are west of I-80S. Last year, they did a study of eight schools with the idea of how to handle growth considering multi-track. The community, with the exception of two schools, is opposed to multi- track. Clearview School would be opening next year, but children will be transported from the west over to that school which is in the Terra Nova area. Commissioner Tugenberg reaffirmed the fact that the State requires the City to make these changes. Mr. Lettieri concurred that the State requires consistency between the General Plan and zoning. He said there were several options open to the Commission to achieve that consistency: 1) to zone all the property R-1 consistent with the Low-Medium Residential designation. Staff felt that because of the character of the area, that would not be a good planning decision. Because of the reduction of density from 370 to approximately 200, staff felt it would lessen the impact. Commissioner Tugenberg asked if it was all zoned R-1, approximately 50% of the dwelling units would be non-conforming? Mr. Lettieri confirmed, and reminded the Commission had the right to recommend the wording be included regarding the non- conforming units. 2) to change the General Plan and leave the zoning R-3-P-22, which would change the General Plan to a higher density overall. 3) a recommendation which closely related the zoning to the existing character of the area, which is what staff recommended or a modification of that. Commissioner Carson asked if it could be a case-by-case amendment. ;L Z-(B' PC Minutes -12- April 10, 1991 Mr. Lettieri said there was the issue of spot zoning which they would like to look at if the Commission wanted to modify staffs recommendation. Commissioner Tugenberg asked if there was any wording that could be put onto any changes the Commission made to accommodate the School District's problem of not being able to mitigate the cost of schools with additional buildings? Contract Planner Lettieri answered that staff thought they had come up with wording that would, if through the City Attorney's office it was determined that the City could legally put that kind of condition on a project, that sometime in the future development projects would then come in and would have to comply with those additional requirements. Mr. Lettieri understood that development projects now have to pay the State fees, which would partially mitigate. The City is trying to come up with another mechanism such as an overall Mello-Roos that would permit additional financing possibilities when projects come in. It was his understanding that was not legally possible at this time. Assistant City Attorney Rudolf said the City is sympathetic to the school districts' problem and has been working with them to try to come up with something. State law preempts the City from being involved in the area, and the City is trying to come up with an innovative, creative idea which would assist the school districts in alleviating their problem while working around the State law preemption. He did not agree with the school district's proposal to zone everything R-l in order to force the people to go into a Mello-Roos. He did not recommend that to the Commission and legally would be seen as a subterfuge and would create litigation for the City. Chair Grasser Horton continued with the public hearing. Candace Hooper, who lives a block and a half from the area to be rezoned, said she agreed the General Plan should be left as is and the projects rezoned on a case-by-case basis. She is President of the Rosebank School Parent Club, and noted that the school is a magnet school but buses more students out than in. If the program should go multi-track, which is opposed, students would continue to be turned away and they would not be able to afford a magnet program. Edward Aceves, Principal of Feaster Elementary School, said the children need space, and there was space across the street. He asked the Commission to control the residential growth and help them get space for schools. He invited the Commissioners to the school to witness the need for more space. Frank Lozaro, 95 "D" Street, Chula Vista, concurred with the previous speakers and urged the Commission to recommend to the City Council to stop growth. Sandra Rank, 45 Corte Maria, Chula Vista, said there is not a need for more apartments, but there are not enough parks. tz-t/9 PC Minutes -13- April 10, 1991 Lois Shadley, 236 "G" Street, Chula Vista, said that single families would be developing the area; not developers. The taxes derived from the multi-units would help raise money for the schools. Ken Aden, owns two lots between "P" Street and "E" on Twin Oaks, roned R-3. He concurred with staffs recommendation. No one else wishing to speak, the public hearing was closed. Commissioner Tugenberg asked how long the State would allow the City to leave the conflict between the General Plan and the existing zoning. Would it be possible to freeze the existing situation until such time as the City and the school districts could make some accommodation? Assistant Attorney Rudolf answered that the City had a legal duty to bring the zoning into conformity with the General Plan, and the failure to bring it into conformity is a risk. The City's obligation is to do so in a reasonable period of time. Commissioner Carson asked Mr. Rudolf if he had a suggestion as to how to handle the school situation. Mr. Rudolf said the legal obligation was on the district to find some legislative or other legal mechanism. The City is ready to cooperate with them as soon as they have done so. Chair Grasser Horton added that the Commission was not approving a developer with 200+ homes. Many of the properties had already been multi-roned for years. She was concerned about the school problem, but did not think what they were trying to do would create much of an impact. She concurred with staffs recommendation. Commissioner Puller said they were attempting to correct a problem that had developed over a number of years in the central part of Chula Vista. The Commission was not trying to take away people's retirements and economic livelihood, but to maintain a quality of life. She said she strongly felt the City had to take a more proactive stance on helping the school districts resolve the problem of overcrowding by going to the legislation, or by some other method. She concurred with staffs recommendation. Commissioner Tugenberg reminded the representatives of the school districts that the Commission had tried for years to get the cooperation of the school districts when projects came before them. The school districts never came before the Commission and always sent letters stating they could handle the project. Kate Shurson, representing the Elementary School District, assured Mr. Tugenberg she would be attending future Commission meetings. .tz. ..$0 PC Minutes -14- April 10, 1991 In answer to Commissioner Decker's query, Contract Planner Lettieri said the existing character issue is one issue used to determine a precise roning recommendation. Staff tried to determine as closely as possible the zoning designations that fit within the density ranges within specific General Plan categories. In the definition of the General Plan, it states character issues within each designation which have to do with dwelling unit types. Commissioner Casillas summarized that the recommended change would reduce the number of potential buildable units from 370 units to approximately 200, essentially a 50% reduction of the existing zoning. Mr. Casillas said the most significant aspect was that staffs recommendation attempted to tie the existing character of the neighborhood to what might be developed in the future. He stated he would like to see some assurance given to property owners regarding rebuilding to the same extent as existing. He asked that language be incorporated in the Commission's recommendation similar to that in the Montgomery District. Commissioner Casillas noted that he was going to visit Mr. Aceves' school; that everyone was very concerned about the school issue. He was prepared to support staffs recommendation. MS (Carson/Tugenberg) that based on the Initial Study and comments on the Initial Study and Negative Declaration, find that the proposed rezonings and General Plan amendments will have no significant environmental impacts and adopt the Negative Declaration issued on IS-9l-13 for the General Plan Zoning Consistency Study. Commissioner Carson stated she would vote for the rezoning, but wanted to go on record that she felt there was an environmental impact, because she is a teacher and works with the children, and know that the most important that we have is our children. VOTE: 6-0-1 (Commissioner Martin abstained) MSC (Carson/Tugenberg) 5-1-1 (Commissioner Decker voted against; Commissioner Martin abstained) to recommend that the City Council adopt a resolution to change the General Plan as described on the attached Exhibits A, B, C, and D and Table 1. MSC (Carson/Tugenberg) 6-0-1 (Commissioner Martin abstained) to recommend that the City Council adopt an ordinance to change the zones as described on the attached Exhibits A, B, C, and D and Table 1, amending the existing provision with regard to non-conforming use in the event of destruction of the property greater than 60 % . MSC (Carson/Fuller) 6-0-1 (Commissioner Martin abstained) to recommend that the following language be included as a condition in the "P" Modifying District: "The City of Chula Vista shall enforce any legal mechanism sponsored by the Chula Vista School District and the Sweetwater Union High School District to mitigate impacts on school facilities. " t:z-~J EXCERPT FROM PLANNING COMMISSION MINUTES OF 3/13/91 ITEM 3: PUBUC HEARING; PCZ-91-C/GPA-91-1: CITY INITIATED PROPOSAL TO AMEND THE GENERAL PLAN AND REZONE CERTAIN TERRITORY, GENERALLY BOUNDED BY 'E' STREET, 'H' STREET, SECOND AVENUE AND THIRD AVENUE, PLUS AN ADDmONAL AREA EAST OF FOURTH AVENUE BElWEEN 'E' AND DAVIDSON STREETS, TO RESOLVE GENERAL PLAN/ZONING INCONSISTENCIES WITHIN THE CENTRAL CHULA VISTA COMMUNITY Vice-Chair Fuller explained that the Commission was going to consider this a section at a time in areas which had been defined: Part 1 with four sub-areas, Part 2, and Part 3 with two sub- areas. The hearing would be opened and closed on each section. (continued to next page) J2,$2.. Planning Commission Minutes -6- March 13, 1991 Contract Planner Tony Lettieri gave an overall presentation, stating that the item involved the consideration of an amendment to the General Plan and the rezoning of the area referred to as General Plan Zoning Consistency B-1. The study area included approximately 50 acres and 219 lots. Mr. Lettieri stated, regarding the assumptions, that staff approached each area looking at the range permitted within the existing General Plan. In many cases, the recommendations made were at the top of the range, not focusing in at the mid-point. No extraordinary benefits were applied to the area. Staff also looked at existing land use and mix, the existing lot size, existing densities, and predominant character preservation, and finally the meetings with the property owners, residents, and their comments. Commissioner Casillas interjected that in reading some of the correspondence received, he believed some people didn't understand the rationale behind the study. He asked Mr. Lettieri to explain to the people in attendance the reason for the study. Contract Planner Lettieri explained that in July 1989 the City Council adopted a comprehensive amendment to the Chula Vista General Plan. He said the zoning was inconsistent with the General Plan, and State law requires ajurisdiction to have consistency between the General Plan and the zoning applied on a piece of property. Based on that apparent inconsistency, the City Council in June 1990 directed staff to go through a systematic public hearing process to bring the zoning back into consistency with the General Plan. Mr. Lettieri continued by showing slides of the first area, Part I - Sub-area lA. The existing General Plan designation was Low Medium Residential (3-6 du/ac) with R-3 zoning. Staff recommended that it be changed to Medium High (11-18 dulac) with R-3-P-22 zoning. Under the existing R-3 zoning, an additional 38 units could be developed; under the proposed R-3-P-22, an additional 26 units could be developed. Development of 3 units would be allowed on a 6,000 sq. ft. lot, subject to off-street parking and setback requirements and Design Review approval. Vice-Chair Fuller explained that the format would be that the public hearing would be opened, testimony taken, public testimony closed, discussion by the Commission, and tentative action taken on each section individually. This being the time and the place as advertised, the public hearing was opened on Sub-area lA. Jean Taylor, co-owner of 217 "G" Street, ChuIa Vista, said she was in favor of the proposed zoning for the area. She felt the zoning was appropriate for that particular area. JZ..,f53 Planning Commission Minutes -7- March 13, 1991 Sid Morris, Sr., 862 Cedar Avenue, Chula Vista, said he didn't object to the rezoning, but objected to the fact that he thought the General Plan was changed illegally by the City Council in July 1989. He received no notification that anything was being changed. Mr. Morris said the City was doing leap frog zoning. No one else wishing to speak, the public testimony on Part 1, Sub-area 1A was closed. MSUC (Tugenberg/Casillas) 6-0 to accept staffs recommendations for Sub-area 1A to change the zoning to R-3-P-22 and the density of 11 to 18. Contract Planner Lettieri continued with Part 1, Sub-area 1B, noting that under the existing R-3 zoning, an additional 30 units could be constructed; under the proposed R-3-P-14, an additional 6 units could be developed. He then explained the rationale for the proposed zoning. Commissioner Tugenberg asked if this was being done to reconcile the zoning to conform with the General Plan, and if the City was required by the State of California to have the zoning in conformance with the General Plan. Mr. Lettieri concurred. Vice-Chair Fuller opened the hearing for public testimony on Part 1, Sub-area lB. Carroll Smith, 13596 Portsmouth Cr., Westminster, CA, owner of property at 265-271 Alvarado, asked that the property be maintained as R-3. He then read a letter previously submitted to the Commission. John Hollingsworth, owner of 244 Alvarado, Chula Vista, had bought the property with the intent of building four units. Subsequently, he had been told he could only build three, then two units. He asked that the Commission amend their recommendation to R-3-P-17. It would allow those with the larger lots of 7,700 sq. ft. to build three units and the smaller lots would still be able to build two. Commissioner Tugenberg asked staff to respond to the comments as they occurred, since some of the letters had just been received by the Commission and they hadn't had a chance to read them. Mr. Lettieri said there was a mixture of residential uses. Staff had tried to stick as closely to the General Plan as possible. They had originally considered the R-3-P-22 zone. The School District was very concerned overall about what that recommendation would do to the number of possible dwelling units that would be permitted. Even with the proposed recommendation, there would be approximately 200 additional units that would be permitted within the entire study area. With the existing zoning, there would be almost 400 units permitted. Staff felt that the additional unit on each lot would be a good transition and would provide some development tZ-5Y Planning Commission Minutes -8- March 13, 1991 opportunity. There were also concerns regarding parking on both Del Mar Court and Alvarado which had been considered in staff's recommendation. Commissioner Tugenberg asked if the School District had given any generation figures for students if the zoning went to P-22? Theodore Tornesello, 443 Del Mar Court, Chula Vista, lived around the corner from the area being discussed. He distributed some photographs of the area showing the cars parked on Alvarado, and said that sometimes they could not get out of their street because of the traffic. He was concerned with the traffic situation and water shortage. Mrs. Carroll Smith said the picture Mr. Tornesello had shown had been taken on a Saturday and the Church was having a large event. Their project would have 16 off-street parking spaces; she was very much aware of the parking problem. Mr. Hollingsworth returned to the microphone to comment regarding the parking. He said if people only added another unit, the initial unit would not be taken down and it would add to the parking problem. However, if three units were allowed, people would be more inclined to take down the initial unit and put up three nicer units with off-street parking. Commissioner Tugenberg asked if there was a way of requiring off-street parking if using a P-18 zoning. Mr. Lettieri believed it would be required. Assistant Planning Director Lee noted that the "Po modifying district is not necessary to attach to the R-3 other than it is a density designation. All projects go through the Design Review Committee. No one else wishing to speak, the public testimony was closed for Part 1, Sub-area lB. Commissioner Tugenberg asked if staff had any objections to changing the five lots which exceed 7,700 sq. ft. to an R-3-P-18? Contract Planner Lettieri answered that staff had rather consider the entire area since they did not want to get into a spot zoning situation. Under the R-3 zoning, there would be 30 units possible. Six under the proposed "14" designation and 18 potentially under the R-3-P-18. It would be in the General Plan range staff is recommending. This was simply looking at a map without benefit of any development plan, all of the lots that are developed with less than three units, without figuring if all of those lots met the minimum lot size. Commissioner Carson asked how many lots would be left as non-conforming lots. Mr. Lettieri answered there would be five non-conforming lots. JZ.,SS' Planning Commission Minutes -9- March 13, 1991 Commissioner Carson asked what happened to the non-conforming lots when the owners were ready to sell. Mr. Lettieri answered they would be legal, non-conforming units and could stay. Commissioner Carson said she had a problem with the fact that the Commission was approving each sub-area because she was having trouble with the Negative Declaration in dealing with schools, because schools already exceed 130% in that area. To her, the Negative Dec did not justify any kind of adjustment. When multiple units are put in, there will be additional children. At the present time, there is not the capability of handling any additional students. Chula Vista High School and Chula Vista Junior are full to capacity. Chula Vista Elementary requested from the City of Chula Vista that as a condition to approval for the future project within Study Area B-1 and other areas proposed for redesignation and up-zoning, all projects be required to comply with the School District's requirements, including but not limited to formation of or annexation of a Mello-Roos community facility district, or other alternative mechanism to provide financing for new facilities. According to the normal procedure, the Commission would approve the Initial Study and Negative Dec and then go through and approve the various projects. With the impact of the potential multiple units with the changes, she thought this needed to be re-studied or something else still needed to be done in order to get the school to come into alignment. Contract Planner Lettieri answered that the letters were early in the review process from both the Sweetwater and the Chula Vista School District, and staff was considering at that time a higher zoning category for the whole project. Commissioner Carson asked where the most recent letter was saying it was okay. Contract Planner Lettieri answered he didn't think the School District would give the City a letter saying it was okay. They were concerned about this area and probably a lot of the comments were still valid. Commissioner Carson believed most of the comments were still valid and, therefore, in order for her to approve the Negative Declaration, she would have to see another, more recent letter dated March 13. Assistant Planning Director Lee said that in staffs opinion, the zoning is all down-zoning. Staff was trying to be consistent with the General Plan, but the basic action was a reduction as far as the general densities were concerned from the zoning standpoint. Commissioner Carson agreed but asked that the item be continued for two weeks to get a letter from the School District so she could feel conscious-free to vote for a Negative Declaration that she felt was qualified to be voted for. She felt she was being asked to vote against something she felt was good, because she didn't approve the Negative Declaration. tZ'~' Planning Commission Minutes -10- March 13, 1991 After lengthy discussion, Assistant Planning Director Lee said staff had no objection to a four- week continuance to return with a response to Commissioner Carson's concern. Commissioner Carson asked how many units would be built in four weeks? Assistant Planning Director Lee said he was not aware of any projects presently going on in the area. Vice-Chair Fuller asked the Commission's pleasure regarding the continuation based on the inadequate fmdings of the Negative Declaration. She asked if they wished to continue with with public testimony on the subsections, since there were people present who had come to speak. Contract Planner Lettieri stated the only concern staff would have regarding taking testimony was that it was a fairly complicated project, and they would be concerned that unless the property owners were able to make their points again over a four-week period of time, their testimony would not be fresh in the Commissioners' minds. MSC (Tugenberg/Casillas) 5-1 (Decker voting against; Grasser-Horton absent) to continue the public hearing to AprillO, 1991. tz..57 NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: PCZ-91-C/GPA-91-1: Ci ty-i niti ated proposal to amend the General Pl an and rezone certain territory, generally bounded by "E" Street, "H" Street, Second Avenue and Third Avenue, plus an addi ti onal area east of Fourth Avenue between "E" and Davi dson Streets, to resolve General Plan/zoning inconsistencies within the Central Chul a Vi sta Community. (Contact Frank Herrera - 691-5094) If you wish to challenge the City's action on this zone change and General Plan (copies of reports and maps are available in the Planning Department) amendment in court, you may be limited to raising only those issues you or someone el se raised at the publ ic hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 11, 1991 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: May 28, 1991 CASE NO.: PCZ-91-C/GPA-91-1 Beverly A. Authelet City Clerk I J -59 v , ~ 5662504000 ~L/NANCY J CHULA VISTA CA 92010 5662511400 MACIEL MANUEL/AURELIA J - - ... 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"'-7 I -u I.> GENERAL PLAN: REZONE/PREZONING XXXXXXXXXXXXXXXXXXXXXXXXXXXXX) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 5662401100 WI~LIAnS j~"'S HIJAH' H BONITA CA 92002 5662403000 HaM LEO TR (/0 IAH' O,-,",.IC' SAN RANCISCO CA 94137 5662500400 HUFFMAN MARTH' J ~ IUBL. VIS,A l 92010 - t.J , oa 9.J 5662501900 ~Ef JAto"" I., CAr SlBOHIl !ftULA V"TA CA 92 10 5662502300 wHITWORT~ GAIL G/R~MARY M CHUlA VISTA CALIF ~10 566250:5400 ~IL P.I"". 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L CHULA VISTA CA 9201 5662500200 DICKERSON DONALD f (HULA VISTA CA 92010 5662503700 DENT GARY J/JULIA E CHULA VISTA CA 92010 5662501600 ~ACHTER JAMES E/DOROTHA E C~ULA VISTA CALIF 97010 5662501700 ADAMS JOHN E/MARY B l:HULA VISTA CA YtUIU 5662502000 V,.,." KFlI1 ! C'HULA VISTA CA 92010 5662502100 LIPPE MARIE E ~HULA VISTA CA v,u10 5662502400 MEYER BEN S/CINDY CHULA VISTA CA 92010 5662502800 WILSON DAVID f/WILSON SANDRA J 'H~L' VI"" " 92010 5662503100 NEVEU BRUCE A !IN DIEGO CA 92104 5062503200 VALENZUELA RAYMOND E <OVA> CHGLA VISTA CA 92010 5662503500 MEYER MARGARET CHULA VISTA CA 5662503600 LOPEZ RAMRN CkULA VISTA , I. 92010 C CA 92011 ., ~~-i.~l~ NOTICE OP PUBLIC BEARING BY ...;.I-T-ar.1l1 .1.. ----I OF . 1> _ II CH'OLA VISTA, CALJ:FORNJ:A -..::.:::-. C-~Ty' CDVAJC,L- C flY I:c9WolGI c... NOTIc~tIS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY ~AWiilT IJlII88I8U of Chula Vista, California, for the purpose, of considering amendments to the General Plan and zone changes~~onsistent with that General Plan. The area represents approximately~O acres and is generally located in Central Chula vista between "E" street on the north, Shasta Street on the south, Third Avenue on the west, and Second Avenue on the east. There is an additional area on the east side of Fourth Avenue, between "E" and Davidson Street. This public hearing will be held as a part of the General Plan/Zoning Consistency study. Attached are Planning Department staff recommendations. Please see Exhibits A, B, C, 0 and Table 1 which will be transmitted to the . _ .1 1 -for their consideration. Copies of the staff report will be available in the Planning Department office. -- . -1. If you would like a copy of that report, you may obtain one at the Planning Department, 276 Fourth Avenue, City Public Services Building. If you have any other questions, please call Frank Herrera-A at 691-5094. If you wish to challenge the City's action on this zone change and General Plan amendment 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 I . ~ -8_ . '.. at or prior to the public hearing. ciTY CL.E",*,S ~t=F\t"l!! 0 SAID PUBLIC HEARING WILL BE HELD BY THE CITY ~~IIHI'l.1 on Wednesday,~- . .1 at 7:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. ~' DATED: _ Llll CASE NO. PCZ-91-C/GPA-91-1 " . -If- c: nr t:"OONcll- @ ~.\,' "", l'if,,", ""'Ale t\ 1 \qq, Jij~:~~3~~:-'YID eRu.l-J. . is,. I' I. -- 'J I ....__"., "''''..' ...::!u~ Z;; ~ 0 ,.3-;;s>. ~~ -3-/-7'( I ~ - 1..3 /( io""d"'.' p -.1<- DATE: Mav 28. 1991 TO: FROM: SUBJECT: Beverly Authelet, City Clerk Nancy Ripley, Planning Department Referral from Planning Commission meeting of March 13, 1991 Please schedule the following for Council consideration at the meeting of June 11, 1991 Forwarded herewith: Public Hearing Notice(s) and Mailing List(s). Forthcoming: Resolution(s) / PUBLl C HEARl NG: PCl-91-C/GPA-91-1: City-initiated proposal to amend the General Pl an and rezone Cel":a L.-i;',,"io'j t~l":', generally bounded by "E" Street, "H" Street, Second Avenue and Third Avenue, plus an additional area east of Fourth Avenue between "E" and Davidson Streets, to resolve General Plan/zoning inconsistencies within the Centrla Chula Vista Community (Beverly, Frank Herrera says the with the public hearing notice. at 5094.) law mandates that we notice these maps, etc. If you have any questions, please call him ( , , / '.{ I i 0' , I Jd-B'I- COUNCIL AGENDA STATEMENT Item I~ Meeting Date 6/11/91 ITEM TITLE: a) Public Hearing on the enactment of an ordinance establishing a Storm Drain Fee b) Ordinance ~ '/I.~ Adding Chapters 3.21 and 14.16 to the Chula Vista Municipal Code to establish a Storm Drain Fee and Fund c) Resolution J/''')JjO Amending the Master Fee Schedule to add a Storm Drain Fee SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manage~ (4/5ths Vote: Yes___No-X-) On December 8, 1988, the United States Environmental Protection Agency (EPA) proposed regul at ions for the issuance of Nat i ona 1 Poll utant Di scharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The fi na 1 vers i on of these regulat ions was issued on November 16, 1990. These permits will require agencies discharging storm water to develop management programs for the purpose of controll ing poll utants. The proposed Storm Drain Fee wi 11 pay for the establ i shment and implementation of said programs. Fee collection is proposed to commence on July 1, 1991. RECOMMENDATION: That Council approve the items as described in the titles above. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City is facing a Federal requirement for control of storm water pollutants that is costly to implement, and will require early planning and preparation. The United States Envi ronmenta 1 Protect i on Agency (EPA) proposed regul at ions (publ ished December 8, 1988 in the Federal Register) for the issuance of National Pollutant Discharge Elimination System (NPDES) permits to regulate storm water discharge into the waters of the United States. The final version of these regulations was issued on November 16, 1990. In order to allow local agencies an opportunity to come into compl iance with the EPA requirements gradually, the California Regional Water Quality Control Board (CRWQCB) issued an "early" NPDES permit on July 16, 1990, to San Diego County region agencies which exercise jurisdiction over land development matters. The "early" permit requires us to develop a management program for the purpose of controlling pollutants. The existing program, which 1S mainly a maintenance effort, requires the City to spend approximately $46,000 to clean its drainage facilities per year. If the level of maintenance should increase in connect i on with the NPDES program, the cost of that effort will also increase. l~-I Page 2, Item I~ Meeting Date 6/11/91 The Port District is also one of the agencies named as a co-permittee. We ant i ci pate that the Port Di stri ct wi 11 experi ence a proportionately greater cost than most of the other agencies because of the nature of the industries located within the District's jurisdiction and the immediacy of the industrial activities to the bay. The implementation agreement recently approved by Council included a formula for calculation of the portion of the annual permit fee to be paid by each co-permittee. Under that formula each of the co-permittees (including the Port District) share equally in one-half of the administrative costs of the permit. The remaining one-half is shared by all co-permittees other than the Port District on the basis of "Household" population. Participation in the program to a greater extent than provided in the permit and the Imp 1 ementat i on Agreement woul d need to be approved by the Board of Port Commissioners. Discussion with Port District staff indicates that their recommendation to the Board of Commissioners would be that the District stay with those previously accepted limits of responsibility. Applicable Federal regulations require the City to carry out a large number of new tasks regarding the management of the storm drain system. These tasks i ncl ude the establ i shment of monitori ng, detection and enforcement programs leading to the elimination of pollution in the storm water and urban runoff 1 eavi ng our boundari es. The essential costs of the program result from the completion of these tasks, which have been started in the 1990-91 fiscal year. Major areas of effort involve the following: 1. Conduct stormwater conveyance system inspections. 2. Pl an and conduct surveys and characteri zat ions needed to ident i fy the pollutant sources and drainage areas. 3. Prepare management programs, monitoring programs, and implementation plans. 4. Implement management programs, monitoring programs, and other plans as required by this Order. 5. Submit stormwater conveyance system maps with periodic revisions as necessary. 6. Prepare and submit all reports to the principal permittee in a timely manner. 7. Enact legislation and ordinances as necessary to ensure compl iance with the stormwater management programs and the implementation plans. 8. Pursue enforcement actions as necessary to ensure compl iance with the stormwater management programs and the implementation plans. \~-2.. Page 3, Item l~ Meeting Date 6/11/91 9. Ensure adequate response to emergency situations such as accidental spills, leaks, illicit discharges, etc. 10. Abide by the terms of the Implementation Agreement (approved by Council on 2/19/91). It is estimated that staff will spend a number of hours this fiscal year involving direct and administrative costs. It is estimated that this cost will be $76,740. In order to establish and implement the NPDES program, it is proposed that a storm drain fee be added to the Master Fee Schedule. The effect of the fee will be to reimburse the General Fund appropriately for the costs associated with the NPDES program. The fee is proposed to be initially $.70 per month per dwelling unit for single family dwellings, and six ($.06) cents per hundred cubic feet of water consumed for multi-family, commercial, or industrial accounts per calendar month with a $500 maximum. The revenues are based on a total number of single family dwelling units of 27,300 and an estimated water consumption rate of 3.1 MGD for multi-family and 3.1 MGD for commercial usage. The total estimated annual revenues are $405,000. The estimated direct cost of the NPDES program for FY 1991-92 is approximately $405,000. This includes costs expected to be generated in 1990-91. The cost breakdown is presented as follows: Maintenance Consultant Fees and Miscellaneous Costs Office Equipment Personnel Personnel Related Costs $ 46,000 200,000 10,000 131,000 18.000 $405,000 In future years, there will be little or no costs included for office equipment. However, the cost of maintenance is expected to increase to reflect additional maintenance responsibilities. On the other hand, the expense already incurred or expected to be incurred in 1990-91 will not be a cost factor in 1992-93. \~~~ Page 4, Item~~ Meeting Date 6/11/91 It is proposed to start collecting fee annually for possible revision. the means for collecting the fee: the fee on July 1, 1991 and to review the There are two options available regarding 1. To be collected by the water companies with the sewer service charges. 2. To be collected wi th the property tax bi 11 by the County Assessor's office. This storm drain fee would be paid only by all parties connected to the City's sewer system. An undeveloped property would not normally be expected to contri bute to poll ut i on and there are very few developed propert i es in the City which are not served by the sewer system. We are still pursuing the first option with the staffs of the water companies. If they are able to accommodate this additional billing, it will require that new agreements providing for that payment be worked out. A final decision would, of course, be made by their Boards of Directors if Council chooses to pursue this option. It shoul d be noted that some of thi s bi 11 i ng must be accompl i shed by the County anyway, since the Montgomery area has not been set up for sewer billing by the water companies and, as indicated in a recent report to Council on sewer charges for 1991-92, this situation is not proposed to be changed during the coming year. FISCAL IMPACT: Approximate revenues estimated at $33,750 per month initially. The fee is proposed to be reviewed and revised as necessary to offset the costs of the program. SMN/mad:File #KY-181 WPC 5640E \~''-\ ORDINANCE NO. z4f.3 AN ORDcNANCE OF THE CITY OF rHULA VISTA ADDING CHAPTERS 3.21 AN9 M.16 TO THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A STORM DRAIN FEE The City Council of the City of Chula vista does ordain as follows: SECTION I: That Chapter 3.21 is added vista Municipal Code to read: to the Chula CHAPTER 3.21 STORM DRAIN REVENUE FUND. Establishment of storm Drain Revenue Fund-Uses. Sec. 3.21.010 A. There is established a fund to be designated as the "Storm Drain Revenue Fund". B. All revenues derived from the Storm Drain Fee set forth in Chapter 14.16 shall be deposited into said fund. C. The fund shall be used solely for the following purposes unless the City Counci 1 appropr ia tes such funds for another purpose by a four-fifth' s vote: to pay for the services of cleaning storm drain inlets, underground drainage systems, lined and unlined storm drainage channels or ditches, and planning costs associated with compliance with the conditions imposed upon the City by the "early permit" issued to the City by the Regional Water Quality Control Board on July 16, 1990 to establish a local-level National pollutant Discharge Elimination system (NPDES), all in accordance with the federal Clean Water Act. SECTION II: That Chapter 14.16 is added to the Chula vista Municipal Code to read: CHAPTER 14.16 STORM DRAIN FEE. Sec. 14.16.010 purpose. The purpose of this chapter is to establish a storm Drain Fee applicable to all parcels of real property within the City limits connected to the wastewater system, or the water system of the Otay Municipal Water -1:- 13-5 District or the Sweetwater Authority. It is necessary to require system users to pay for the services of clean1ng storm dra1n inlets, underground drainage systems, lined and unlined storm drainage channels or ditches, and planning cos ts associated wi th compl iance with the conditions imposed upon the City by the "early permit" issued to the City by the Regional Water Quality Control Board on July 16, 1990 to establish a local-level National pollutant Discharge Elimination System (NPDES), all in accordance with the federal Clean Water Act. Sec. 14.16.020 Storm Drain Fee Established-payment Required-Real Property Defined. A. In addition to other fees, assessments or charges provided by the ci ty code or otherwise, the owner or occupant of any parcel of real property which parcel 1S connected to the wastewater system of the City and to a water system maintained by the Sweetwater Authority, the otay Municipal Water Distr ict, or the Cal ifornia Amer ican Water Company shall pay a storm drain fee as presently designated, or as may hereafter be amended, by resolution in the Master Fee Schedule. Whenever an increase is proposed in said fee, a notice of the proposed increase shall be posted by the City Clerk for at least ten (10) days pr ior to Ci ty Counc11 consideration. B. For the purposes of this section, real property shall be deemed to be used for domestic purposes when such property is used solely for single-family res1dences, or the furn1sh1ng of lodg1ng by the operations of hotels, auto courts, apartment houses, bungalow courts, housing units, roomin~ houses, motels, trailer parks, or the rental of property for lodging) purposes. C. All storm drain fee imposed under this chapter shall be computed, collected, and subJect to the same penalties and requirements as set forth in sections 13 .14 .110 and 13 .14.150 relating to sewer service charges. All proceeds of the storm drain fee shall be deposited in the Storm Drain Revenue Fund. SECTION III: Operative Date. The imposition of the new storm drain fee shall not be operative until July 18, 1991. -2- la-~ SECTION IV. Effective Date. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. presented by Approved as to form by Bruce John P. Lippitt, Director of Public Works 8442a /3_;-..111~-8 RESOLUTION NO. 1~~OO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADD A STORM DRAIN FEE The city Council of the city of Chula vista does hereby resolve as follows: WHEREAS, it has become necessary to charge system users for the costs of maintenance of the storm drain system, including costs of compliance with the federal Clean Water Act to establish a local program implementing the National Pollutant Discharge Elimination System (NPDES); and WHEREAS, the Council will adopt an ordinance creating a Storm Drain Fee, effective July 18, 1991 in the amount set forth in the Master Fee Schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Chula vista that the Master Fee Schedule is amended, effective July 18, 1991 by adding the following: section 14.16.020 Storm Drain Fee. In addition to other fees, assessments or charges provided by the city code or otherwise, the owner or occupant of any parcels of real property which parcel is connected to the wastewater system of the city and to a water system maintained by the Sweetwater Authority, the Otay Municipal Water District or the California-American Water Company shall pay a storm drain fee as follows, applicable to the first whole billing period subsequent to July 18, 1991: A. Domestic, Single Family: The domestic storm drain fee for each single family dwelling unit serviced by a separate water meter shall be $.70 per month; B. Domestic, Multi-family, and Commercial and Industrial: a monthly storm drain fee for parcels of real property used for domestic purposes as herein defined other than single family dwellings, and commercial and industrial establishments, and serviced by a water meter, shall be at the rate of $.06 per each one hundred cubic feet of water usage by such parcel, but in no case more than $500.00 per month. C. Montgomery Area: Notwithstanding prov1s1ons, an annual Storm Drain Fee in the former Montgomery area shall the above for parcels be at the \~-q Presented by following rates: 1. Domestic Single Family mobilehomes): $8.40 per year. (including 2. Domestic Multi-Family and Commercial and Industrial: $.06 per hundred cubic feet of water usage, based on the prior year's actual consumption, subject to annual adjustment for overage or underage based on current year's actual consumption; but in no case shall be more than $6,000 per year. These rates will be collected on the annual tax bill by the San Diego County Tax Collector. Approved as to form by Director of John P. Lippitt, Public Works c:\wp 51\Reso \STORM DRAIN FEE \ ~-ID TABLB X BXXSTXNG AND PROPOSED GENERAL PLAN DESXGNATIONS AND ZONING Existing Proposed Existing Proposed General Plan General Plan Zonina Zonina Part 1: Area 1A Area IB Area 2 Area 3 Area 4 Low-Medium Low-Medium Low-Medium Low-Medium Medium-High Part 2: Low-Medium Part 3: Area 1 Area 2 Low-Medium High Medium-High Medium-High High . Low-Medium High Medium High Medium High Professional & Admin Commercial R-3 R-3 R-3 R-3 R-3 R-3-P-22 R-3-P-14 R-3 R-1 R-3 R-3 R-3-P-14 R-3 R-3-P-22 C-Q & C-Q-P C-Q-P Low-Medium Density Residential = 3-6 d.u. per gross acre Medium-High Density Residential = 11-18 d.u. per gross acre High Density Residential = 18-27 d.u. per gross acre EXISTING AND PROPOSED GENERAL PLAN DESIGNATIONS & ZONING LETTIERI-McIN1YRE AND ASSOCIATES /3- J ( TABLE 1 . 'f . . , '''':\ t ~. - -" ~ l~~, jOi . j i" _, . PARK WAY , ~ "~;2:J'-; ~ to"" , , ; li~"~ /-~ i ! : _.' '':',,:-- //'-'=" I' 1-. ~'L- LJ<! K , G SlAt:c1 .: r--l '1 l j : 1 . ! ~ 1 :Wf. -. " J t >>, , -11 t !. ~ cef --. t....-...J "-- J: I '-0 ,c ~ -- __ ~I .. - .- - -- ...: ~ ! 01 , . .. ~ ; MADRONA ... I I ;~ ~ i<1 SUBAREA 1A .. , 1 .'_.. ..- --"'"'! , I .--.---..1, r , ! -" 1-'\// ~BAREA 3 , r-- t_ ! t.-_ I . .. ! - SUBAREA 1B I ALVARADO ~! WI -rJ)l- SUBA ROOSEVELT ST ~. -.- -- -- . .m_, r ! I , .. , ....-..-.-..-... , -.-... 1 . I r ;.;;'- \. . SUBAREA 4 !- - -. - - H S~I {. . -- ---,,--- t ( , }_ _., J . STREET r- - \-.r--:\ \ \ .,r-', \ . r - - lu. , f . i J $-___~f ! , , l-'--' .,- ! ...---/) L. _ _. . SHASTA ',._~ ,. /-----: GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N ~ EXHIBIT A PART I SCALE: 1-. 300' LEmERI-McINTYRE AND ASSOCIATES 13-1~ I \ l~ ! I i i F STREET Ii .., N'~R~~ ~ I' I.--~ P A F K'-- ~ ~ "- -l " I CB<TER ~'O.:i- L:"---~i~- I; ; I - ,I - - - -; (/) [ - - i,1 :;. ~ :.:.r"1 ~..----~!E --- . . i f-------~o -- _ _ ' 1 i I CYPRESS STHt:t:1 L-..J i r -- - 1 r --- " I ~ __.-' . - ~- h ~ -- . - ~ "J ,--- ~ ~ > -- c( ! - - -, i - - - ..... - - - j , --~ i - - ., .~ - -- 1 - -, 0 --lz --i~ - -1 MADRONA S~T , I G S~I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N - PART II SCALE: 1-. 200' LETI1ERI-McIN1YRE AND ASSOCIATES I 3 - r~ - - - .. - - - - I EXHIBIT B ., I 1 i I '. II I j ,---~ . I I - E SIHt:J::1 ~ , i l _ _ . -. I - . - - -1 I , r - -- - - .... j I If.. ----- Ii ! ! - - ..j i I < t - - -..; I LANSEl.Y WAY ---I < u iLu i-- < I . '._.. _ _ -I < I ' f____ ....- f - I ~ , - - .. . -.., ~ ~(JBiREA-~ I ~ - ~ - ... " -- -- . ! ! - - -- .- , 1 . R , ! t ~ , , . ! ; '- - -'- , 1 uj H~!I I 1__ I~l I ~'i .! ~ - - - j I j I j MONTEBELLO DAVDSON . i If !~: IC/) !~ '0 I~j I I~I I . - , i ! I I I , F SlHt:J::1 I .........." ..... . , . ' -j L L__.l I ~ -- - : I ' r- --I I GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N ~ EXHIBIT C PART III - SUBAREA 1 SCALE: 1-. 20)' LEITIERI-McINTYRE AND ASSOCIATES 13 -It{. '" 1 4, ~ ~ _,/' ,', ',.' _.... ~ ; , 1 ' . ' . '-. ~' .. ,I' ;,,',. " j r~L1BFtARY PARK I j ~ 1,', /, r,-, _ ~,~', .. '"''-' ,.. : ",' I I r - :,' > > ~> > i IL !..~, -, ,--: " - /'. r i > I ' ! i , ' -'l > ) h ill I , 1 r I -~ i J " E I I ----- ! ,~ ! ! I<!' '> ~~H , , I ~ i I , i I- i i I 1f- t I , , ~-j ! , , ,+ ~ DAVDSON STREET ,I f l J '-',\ Jt C ' :" I ! ,-. " > "';:-A'-E~ '-~;'1 i :-(. 1,.... ~ !r, ~, ! 1 I il I , STRt:t: I r I I I I Ii < ! --"1 i ---1 i - , -l I ... I -- -'-1 ~ I Ii. j I d 'HI :~t=il I~HI ! l,l CHULA VISTA I PUBLIC LIBRARY I ~ GENERAL PLAN/ZONING CONSISTENCY STUDY - SPECIAL STUDY AREA Bl N - PART III - SUBAREA 2 SCAlE: 1-. 200' LETI1ERI-McIN1YRE AND ASSOCIATES / 3 ... loS , I J I ;i j ! I '~ I i !-___ t--' , i '----- , ----- ... I --- , i i- -- i !' -- !- - - ! I 1_ ! \- - - EXHIBIT D 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 the purpose of establishing a storm drain fee of up to $1.00 per month per dwelling unit by adding Chapter 3.10 to the City Code. You may make an oral or written presentation regarding the proposed fee. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence del ivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 11, 1991, at 6:00 p.m. in the Council Chambers, Publ ic Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: May 28, 1991 Beverly A. Authelet City Cl erk 13 -I r NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA .. ' " t-1j,' ~ "C"~lt)J) · f(,) BY THE CITY COU~IL , U' storm dra i n fee afWl-b-J NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD of Chula Vista, Cal ifornia, for the purpose of e~ a addi, ng Chapter 3.10 to the City Code. 1", """1 ^ -e;;(eJot:IL.:,} ~v...Q..loJl ~ c--ro-X- tY' "V\--~tk..... ~~,..."".J;:<,, ~~~J ff__ (-<Jfc;,id. ~. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence del ivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 11, 1991, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: May 28, 1991 Beverly A. Authelet City Clerk f"3 -I i COUNCIL AGENDA STATEMENT Item ..JJL Meeting Date 6/11/91 ITEM TITLE: Report on Water Use Offset Policy 1 SUBMITTED BY: Director of Planning /'ll t REVIEWED BY: City Managew 1/ (4/Sths Vote: Yes_No.lO The following report addresses the issue of developing a City "Water Use Offset Policy" for new development projects. Such a policy would establish uniform requirements for new development to contribute toward projects which would reduce water demand or increase water resources, and therefore offset the water use impacts of new development. RECOMMENDATION: That Council direct staff to prepare a final "Water Offset Policy" and forward it for review and comment by the Interagency Water Commission prior to final City Council adoption. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: The City's Growth Management Program includes a requirement for preparation of a water conservation plan for certain new development projects. When the City Council approved the Sectional Planning Area Plan for Rancho del Rey III, they included a condition requiring that the water conservation plan for this project demonstrate the impacts on water supply had been reduced to a level of insignificance, as defined by the California Environmental Quality Act, at the sole discretion of the City Council. This plan was required to be approved in conjunction with approval of the Tentative Map for this project. (See attached condition and City Council minutes.) In developing the water conservation plan for the Rancho del Rey Project, it was recognized by both the applicant and staff that in order to mitigate water supply impacts to a level of "zero net impact" (e.g., off-site mitigation measures which would fully offset the increased water demand from the project), certain key issues would need to be addressed: 1. Should each development project be responsible for identifying its own list of "offset projects," such as toilet retrofit projects, park irrigation replacement projects, reclaimed water projects, etc.? .t.. '1-1 Page 2, Item ~ Meeting Date 6/11/91 2. If not, should an offset program be developed on a regional basis, or would it be preferable to develop a local program which would be administered by the City and/or local water districts? During its consideration of the proposed tentative map for Rancho del Rey SPA III in May, the Planning Commission considered these issues during their review of the water conservation plan for this project. They decided to take no action on the proposed water conservation plan until an overall City policy on water offset requirements was established. On May 24, 1991, the Interagency Water Commission also discussed this issue. Members of the IA WC expressed serious concerns regarding a case-by-case approach to water offset requirements, and supported the idea of taking a regional approach to this issue. On June 4, City staff, including representatives of the City Manager's office, Planning Department, Public Works Department, and Parks and Recreation Department met with representatives of the Otay Water District, Construction Industry Federation, and several major developers to discuss these issues further. During this meeting, several key points were reviewed: 1. The Draft SANDAG Regional Growth Management Strategy includes a recommendation that "The County Water Authority should enact a resource development offset program which would require new development to pay a fee for development of new resources, or otherwise offset their contribution to the increase in water use in the region. " 2. The County Water Authority, at the direction of its Board, has already set up a committee to develop a water use offset program, and has hired an engineering consultant to prepare the technical and financial analyses necessary to implement such a program. It is anticipated that this program could be developed during the next six to nine months. Representatives of the Otay Water District are participating in this effort. 3. The advantage of a regional approach to developing an offset program is that it can be applied uniformly to all new development projects, and that the most cost effective water resource development and conservation projects on a County-wide basis can be implemented. 4. A possible disadvantage of relying solely on a regional approach is that certain development projects may be approved prior to the implementation of the program. However, it was felt that legally enforceable conditions could be placed on all projects which would require them to comply with the regional offset program, or, if such a program is not in place at the time building permits are issued, would require them to implement a local offset project. JtI, z.,. Page 3, Item ~ Meeting Date 6/11/91 The overall consensus of those attending the June 4 meeting was that the regional offset program being developed by CW A offered the best opportunity for implementing a water offset policy for new development projects, and that the City should include conditions as part of its water conservation plans for new development projects which would ensure participation in the CW A program. Based on this input, and further staff review of this matter, it is recommended that the approach outlined above be used as the basis for developing an overall "water offset policy" which could be adopted by the City Council, and would provide policy direction in the preparation of water conservation plans. If Council concurs with this basic approach, it would be staff's intent to return with a formal policy for Council's review and adoption. It would also be our intent to refer this matter to the Interagency Water Commission for review and comment prior to final Council action. FISCAL IMPACT: None. (WUOP.All3) t~,3 June 10, 1991 Mayor and city council city of Chu1a vista 276 Fourth Avenue Chula Vista, CA 92107 Dear Mayor and Council Members: We understand that you are considering a policy to require new development to either undertake conservation measures or pay an in-lieu fee to offset the amount of water that would be required to serve the new development. While we sympa- thize with your objective and applaud your willingness to assist in dealing with the issue of water supply, we believe that this problem can best be dealt with on a regional basis under the auspices of the county Water Authority ("CWA"). The CWA is currently attempting to come up with an equitable program to assure a reliable long-term water supply. The solutions will undoubtedly cut across local agency bound- aries and require regional coordination. Should Chula vista insist on going forward unilaterally, we would urge you to have your program administered by the lo- cal water districts. This would assure that when a property owner in either otay or Sweetwater installs conservation measures, the credit from the CWA flows to the appropriate water district. It would also help to avoid legal contro- versies involving jurisdiction and nexus requirements. It would be handled much the same way school fees are, with the city setting a conservation goal and then requiring the de- veloper to get a letter from the water district assuring the City that the developer has met the goal. We would be will- ing to cooperate with you should you choose this approach. If-lf We believe that the most prudent approach would be to allow CWA to go forward with its response to dealing with water supply and delay any unilateral action by the city. The city's staff can monitor the CWA's progress and keep the City Council informed. If the City does decide to regulate water use, any such program should be developed through the interagency task force and administered by the water dis- tricts to assure its equitability. Very truly yours, )1~}7~~aL- _-- Nancy M ahy '~-~ Preside , otay Water Di~ict M?J~ Mark Watton Director, otay Water District T3~ ft.~a?~' Bud pocklington . Director, Sweetwater Authority Sue Jarrett Director, Sweetwater Authority 11/- , . . Resolut~on No. 15993 Page 4 EXCERPT FROM RESOLUTION NO. 15993 APPROVED 3/5/91 RANCHO DEL REY SPA III CONDITIONS OF APPROVAL 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 project 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 pl an 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 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 Cc;lde 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 Counc il . 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 following conditions regarding water mitigation will have occured: J ,,~5 '. . .' , ~ ~ ,", (j, <.;. .~'," - ...,'~, r'" :, ,. \ '.j.' / \.... t' 'i>> ".!;' ,;tofl " ',I''; , , ' .",~" , l/ (, \ I' 'i, '\ ',> . . . EXCERPT FROM RESOLUTION NO, 15993 APPROVED 3/5/91 Resolution No. 15993 Page 5 " (1) As required by Condition No. 18, the applicant will prepare and submit to the City for City's approval a plan ("Water Conservation Plan") which will reduce or mitigate, to the extent deemed acceptable by the City Council in their sole and unfettered discretion, the impact of the project on water supply to a level which, from a CEQA perspective, would be deemed to be insignificant; (2) City will have reviewed and approved, or modified and approved as modified, in their sole and unfettered discretion, the Water Conservation Plan; and (3) Applicant will provide to the City such assurances as the City shall require that Applicant shall implement the City-approved Water Conservation Plan according to the time table therein approved. 21. Prior to the approval of the tentative map, the following conditions regarding air quality impact mitigation will have occured: (1) As required 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 mitigate, to the extent deemed acceptable by the City Council in their sole and unfettered discretion, th.e impact. of the project .on air qual ity. (2) City will have reviewed and approved, or modified and approved as modified, in their sole and unfettered discretion, the Air Quality Improvement Plan; and, (3) Appl icant will provide to the City such assurances as the City shall require that Applicant shall impl ement the City-approved Air Quality Improvement Plan according 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 dwell ing 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 Approved as to ~~(, ruce . oogaar City Attorney rm by l&:4.~ Director of Planning J.t/,4 EXCERPT FROM COUNCIL MINUTES OF 3/5/91 I Minutes March 5, 1991 PJge 4 ") B.A. ORDINANCE 2440 APPROVING THE RANOiO DEL REY SECOONAL PLANNING AAF.A (SPA) III PLANNED COMMUNl1Y DEVELOPMENT REGULATIONS (first readimz) .Staff recommends that Council place the ordinance on first reading. (Director of Planning) Continued from the 215/91 meeting. Pulled from Consent Calendar. Councilman Nader stated there was a condition requiring the developer to offset additional water use through conservation or retrofits in existing areas of the ciry, i.e. submit a plan to the Ciry for approval. He was concerned over the way the condition, #20 on page 9 of the staff report, was written. He wanted to make it clear that the meaning of the condition was that a level of insignificance in terms of water means that there would be no net drain on the City's water supply. Ciry Attorney Boogaard responded that insignificant did not mean absolutely no impact but an impact that those that understand CEQA deem to be insignificant which would tolerate some impact. Councilman Nader questioned if under this condition, as written, did staff foresee a further depletion of the City's water supply as a result of the development but acceptable under the condition. Douglas Reid, Environmental Coordinator, responded not the way it was written, that the interpretation of water consumption impact had been changed dramatically and it is basically that any additional consumption of water is a significant impact. ORDINANCE 2440 PLACED ON FIRST READING AND RESOLUTION 15993 OFFERED BY COUNOLMAN NADER, reading of the text was waived. . Councilman Nader noted that the developer would have to bring forward a program for water conservation and air qualiry which satisfy the conditions as per the opinion of the Council. VOTE ON ORDINANCE 2440 AND RESOLUTION 15993: approved unanimously. .1 II.. 7 "'~"""'.' ~'~....b"'=-'~ rrorlli-~rnr ~~ i{, I' ,[ i ,I : ,,~. '.' 1991 ,I, , "I. I : " :':.i' ~ San Diego ASSOCIATION OF GOVERNMENTS May 28, 1991 Suite 800, First Interstate Plaza 401 B Street San Diego, California 92101 (619)595-5300 Fax (619)595-5305 TO: City Managers FROM: Ken Sulzer, SANDAG Executive Director RE: Designation of Lead Agencies Pursuant to Section 174 of the Federal Clean Air Act as Amended On May 24, 1991, the SANDAG Board acted unanimously to request the State Air Resources Board to continue the existing co-lead agency designation in the San Diego region pursuant to Section 174 of the Federal Clean Air Act as amended in November 1990. Currently, SANDAG and the Air Pollution Control District serve as co-lead agencies. One of the key reasons the SANDAG Board cited for continuing the existing relationship was to provide cities an opportunity to continue to be directly involved in planning decisions relating to the air quality program. SANDAG would appreciate your council's concurrence in SANDAG's position. The ARB intends to accept comments on the designation until the end of June. Comments should be sent directly to the Air Resources Board and James D. Boyd, the Executive Director. Both are at 1102 Q Street, Sacramento, CA 95814. Copies to the San Diego legislative delegation and to SANDAG would be appreciated. We have attached the SANDAG staff report for your information. Please contact me or Debra Greenfield, SANDAG's attorney, if you have any questions or would like more information. Sin TH E. SULZER Executive Director KES/DAG/dab cc: SANDAG Board of Directors I~ b.. I MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, EI Cajon, Encinitas, Escondida, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos. Santee. Solana Beach, Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, U.S. Department of Defense and Tijuana/Baja California. CALIFORNIA AIR RESOURCES BOARD MEMBERS Jananne Sharpless Chairwoman Public Member Brian P. Bilbray Supervisor. San Diego County San Diego APeD Member Eugene A. Boston, M.D. Physician Member BARBARA RIORDAN Supervisor. San Bernardino Co. District Member Roberta H. Hughan Mayor. City of Gilroy BAAQMD Membe,r John S. Lagarias Science Member Betty Ichikawa Agricultural Member Harriett Wieder Supervisor. Orange County SCAQMD Member Andrew Wortman, Ph.D. Engineering Member Jude Lounsbury Board Secretary P.O. Box 2815 Sacramento. CA 95812 (916) 322-5594 ) /Ph ~l- Z0-d 9Z:vT 3n~ T6-8Z-S0 San Diego Association or Governments BOARD OF DIRECTORS May 24, 1991 AGENDA REPORT No.: R-32 ASSIGNMENT OF LEAD AGENCY RESPONSIBIUTIES UNDER SECTION 174(a) OF THE 1990 FEDERAL CLEAN AIR ACT AMENDMENTS The Air Pollution Control District and SANDAG have been co-lead agencies for air quality planning under the federal Clean Air Act since 1978. Last week, the staff of the California Air Resources Board (ARB) distributed a letter to all affected agencies in the state. It declares the ARB's intention to assign lead agency responsi- bility for the preparation of air quality attainment plans pursuant to the 1990 amendments to the Federal Clean Air Act to county air districts and air quality management districts. Section 174(a) of the Act requires each state to certify lead agencies for the preparation and submittal of revisions to the State Implementation plan. The Act calls for the lead agency to include elected officials of local government and encourages it to represent the transportation planning agency, metropolitan planning organization as well as the organization responsible for air quality maintenance planning under state law. SANDAG is the agency which most closely combines all of these responsibilities, and when aligned with the Air Pollution Control District as co-lead agency, covers all of these requirements. Therefore, it is my RECOMMENDATION that the Board of Directors approve Resolution 91-72 requesting the Air Resources Board to continue and reaffmn the existing co-lead agency designation in the San Diego region under Section 174(a) of the 1990 Federal Clean Air Act Amendments. Discussion Staff has reviewed the letter from the ARB staff, and discussed with the ARB staff the rationale for recommending a change in the designation. In SANDAG staff's judgment there does not appear to be compelling legal or procedural reasons for changing the co-lead agency designation. SANDAG remains responsible under state law for preparing and adopting the transportation control measures for the air quality plan and under federal law for determining consistency of transportation projects with the air quality plan. Also, SANDAG continues to serve as the lib ,3 regional transportation planning agency, metropolitan planning organization, and more recently, the congestion management agency. Its modeling system is used to calculate the air pollution emissions generated by all potential transportation control measures. Finally, the review of the proposed Transportation Control Measures plan has illustrated the public's and the elected officials' interest in evaluating air pollution control tactics compre- hensively, coordinated with other transportation objectives such as congestion relief. The co-lead agency designation assures that the cities and the County work together to improve air quality. KENNETH E. SULZER Executive Director I~b ,'1 2 ~ San DIego ASSOCIATION OF " GOVERNMENTS First Interstate Plaza, Suite 800 401 B Street San Diego, California 92101 . (619) 595"5300 Fax (619) 595-5305 RESOLUTION No. 91-72 REQUESTING THE AIR RESOURCES BOARD TO REAFFIRM AND CONTINUE THE EXISTING CO-LEAD AGENCY DESIGNATION IN THE SAN DIEGO REGION UNDER SECTION 174(a) OF THE 1990 FEDERAL CLEAN AIR ACT AMENDMENTS WHEREAS, Section 174(a) of the 1990 Federal Clean Air Act Amendments requires each- State to certify lead agencies for the preparation and submittal of revisions to the State Implementation Plan; and WHEREAS, Section 174(a) also requires that state and local elected officials determine which agencies will develop, adopt, implement, and enforce the various elements of each area's air quality plan; and WHEREAS, Section 174(a) states that the implementation plan shall be prepared by an organization certified by the State, in consultation with elected officials of local governments; and WHEREAS, Section 174(a) states that the organization responsible for the implementation plan shall include elected officials of local governments in the affected area, and representatives of the State air quality planning agency, the State transportation planning agency, the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area and the organization responsible for the air quality maintenance process; and WHEREAS, the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG), the existing co-lead agencies under the Act, continue to jointly fulfill the requirements for designation; and WHEREAS, the State has proposed that the APCD be designated as the sole lead agency for these purposes; and WHEREAS, the co-lead agency designation has been a successful arrangement in the past for assuring that the cities and the County work together to improve air quality; and WHEREAS, SANDAG remains responsible under state and federal law for developing and adopting the transportation control measureS for the air quality plan and for determining consistency of transportation projects with the air quality plan and SANDAG /~6...5 MEMBER AGENCIES: Cities of Carl,bad, Cnul. Vista, Coronado, 0.1 Mar, EI Cajon, Encinital, Eacondido, Imperial EMach. La M.... ~on Grove. National City, Oceanside. Pow.y, San Di.go, San MarC:C5. S.nt.... Solana a.ach. Vista and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Tran.portation, U.S. Department of Def.n.. and T~uanalBai' California. RESOLUTION 91-72 Page 2 continues to serve as the regional transportation planning agency, metropolitan planning organization, and more recently, the congestion management agency; NOW TIlERBFORE BE IT RESOLVED that the San Diego Association of Governments requests the Air Resources Board to continue and reaffIrm the existing co-1ead agency designation in the San Diego region under Section 174(a) of the 1990 Federal Clean Air Act Amendments. PASSED AND ADOPTED this 24th day of May, 1991. J~4~~~~ CHAIRPEIll ON ATTEST: /d," ' ~ / MEMORANDUM June 5, 1991 TO: ()~ The Honorable City Council FROM:~-Leonard M. Moore Mayor pro Tempore SUBJECT: Request to Consider Policy to Revoke certain zoning Decisions Made Under County of San Diego in Montgomery Area It has been brought to my attention several times this year the number of unusual zoning and building permits which exist from the period when the Montgomery area was within the jurisdiction of the county of San Diego. There exists in the city limits; examples of permits for business uses which would not be approved today under the city's existing planning and zoning laws. A good example is flower shops bordering the side walks. I request the Council's consideration to refer to city staff a study of such previoe;s permitted uses which presently violate zoning rules and regulations. Such uses surveyed should then be reviewed for continued permitted use. The questions should be posed: "How long should the Montgomery regulations stand?" Moreso when even the laymen question the results. LMM montzone .t(, rJ-1 June 6, 1991 TO: FROM: SUBJECT: Legislative Committee Sid W. Morris, Deputy City Manager~~ Legislative Analysis I. Reauires Council Action AB 1223 (Costa) Vehicles: Length and Load Restrictions - Oppose If you have any questions, please call me or Iracsema Quilantan at 691-5031. SWM: IOQ: 1m Attachments cc: Chuck Cole, Advocation, Inc. [wp51/legmem] tL-e..l CITY OF CHULA VISTA LEGISLATIVE ANALYSIS Legislative No. Author Title AB 1223 Sponsor Costa League Position Oppose Vehicles: LenQth and Load Restrictions Related Bills As Introduced HJR 100, 1990 SJR 16. 1991 March 6. 1991 As Amended ARCO Status Currently pending in Assembly Ways and Means Committee May 28, 1991 BackQround Under existing law, a combination of vehicles designed to transport motor vehicles, which consist of a motor truck or stinger-steered semi-trailer may not exceed a total length of 70 feet if the kingpin is at least 3 feet behind the rear dri ve axl e of the motor truck. Furthermore, exi st i ng 1 aw also establishes standard length, height, width, and weight limits on trucks operating on Cal ifornia highways and thereby prohibits the operation of long combination vehicles such as "triples" (three short trailers), "turnpike doubles" (one long and one short trailer), and "rocky mountain doubles" (two long trailers). AB 1223 would: Requ ire the Department of Transportat i on (Ca lTrans to part i ci pate in a study to look at authorizing longer and heavier gasoline tanker trucks on California highways, specifically 75 foot, 8-axle truck trailer combinations, with a maximum weight of 105,500 lbs. Requi re the study to be fi nanced by the petroleum industry, and requi res CalTrans to choose one of two consultants selected by the petroleum industry, with a maximum cost of $150,000. Require CalTrans to appoint a study advisory committee of up to ten persons representing affected state and local public agencies, to develop guidelines for conducting the study. Require the study to be completed within six months after private funding becomes available and to be submitted to the legislature within 30 days thereafter, along with CalTrans findings and conclusions. Require the petroleum industry to promptly reimburse CalTrans and all advisory Committee members for all the costs incurred with respect to the study. Sec. N/A WPC 3697A June 11. 1991 Oppose Letter(s) Required Yes-L No_ 'gO Leg Program Date To Council Action Ji,e...Z LEGISLATIVE ANALYSIS CONT'D Legislative No. Title AS 1223 Vehicles: LenQth and Load Restrictions Imoact This bill is sponsored by ARCa, which would like to introduce the concept of longer combination vehicles (LCVs) into California. Nationwide, the trucking industry has been pushi ng at the Federal and State 1 evel s for LCVs. Some rura 1 western states already allow certai n LCV confi gurat ions. Proponents such as ARCO argue that allowing LCVs would result in higher productivity since one driver could carry 11,500 gallons of gasol ine or diesel per truck, while the present tanker truck configuration allows for a maximum of 9,000 gallons. The new tanker trucks would be 75 feet in length compared to 65 feet at present and the tot a 1 weight woul d be 105,500 compared to the current 80,000 pound maximum in California. Staff would recommend opposition to AS 1223 based on the following reasons: While gasoline tanker trucks are among the most regulated commercial vehicle operations, problems continue to occur because bulk liquid loads can tip over relatively easily. The impact of concentrating additional quantities of an explosive commodity like gasoline in a single truck could result in a disastrous situation should an accident occur. There is a question of whether larger and heavier trucks of any kind are compatible with crowded Cal ifornia highways where lanes are frequently being narrowed through restriping from 12 feet to 11 feet. There is substantial reason to question the objectivity of any study which is paid for by the petroleum industry, where the petroleum industry picks the consultants that Ca lTrans may hi re and where the expenses of the advisory committees are fully paid by the petroleum industry. There is nothing to stop the industry from conducting their own private study without legislation. Related LeQislation In 1990, the legislature passed House Joint Resolution 100 (Katz) which requests Congress to retain the 80,000 pound truck weight limit and to refrain from preempting the states on this issue. This year, Senate Joint Resolution 16 (Copp) is pending in the Senate and requests Congress to not take any further action to authorize long combination vehicles. Recommendation That the Ci ty Council authori ze staff to prepare a 1 etter for the Mayor's signature in opposition to AS 1223 (Costa) to be sent to members of the Assembly Ways and Means Committee. The contents of AS 1223 are not addressed bv the adooted leQislative orOQram. and thus reQuire Council action. WPC 3697A jt. t!. -;$ PAGE 1 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER: AB 1223 BILL TEXT AMENDED IN ASSEMBLY AMENDED IN ASSEMBLY AMENDED IN ASSEMBLY MAY 2B, 1991 MAY 15, 1991 APRIL 24, 1991 INTRODUCED BY Assembly Member Costa MARCH 6, 1991 An act relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1223, as amended, Costa. Vehicles: length and load restrictions. Under existing law, a combination of vehicles designed to transport motor vehicles, which consists of a motortruck and stinger-steered semitrailer, may not exceed a total length of 70 feet if the kingpin is at least 3 feet behind the rear drive axle of the motortruck, or 75 feet if specified conditions are maintained. Existing law also imposes weight restrictions on vehicles operated upon the highway. This bill would make findings and declarations of the Legislature regarding the use of heavier trucks which have been redesigned with additional axles to distribute the load so that each axle carries less weight. The bill would require the Department of Transportation, in cooperation with the Department of the California Highway Patrol T and the State Air Resources Board, if ~hey reeeive it receives assurances of full reimbursement from private sources, to conduct a study of the economic, environmental, and safety effects of allowing 75-foot, B-axle truck and trailer combinations, weighing 105,500 pounds, to operate on the highways. If the ~epar~Meft~B aft~ ~fte 8ears reeeive department receives that assurance of reimbursement, the Director of Transportation would be required to appoint a 10-member study advisory committee, composed as specified. The bill would authorize the ~epar~Meft~B aft~ ~fte Bear~ department to enter into agreements with the petroleum industry for the purposes of the bill. The bill would require the ~epar~Meft~B aft~ ~fte Bear~ department to submit a copy of the study to the advisory committee for review, the advisory committee to review the study and add its findings and conclusions, and the ~epar~Meft~B aft~ ~fte Bear~ department to submit a report of the study, including ~fteir its findings and conclusions and those of the advisory committee, to the Legislature. u~~ PAGE 2 Display 1991-1992 Bill Text - INFORMATION BILL NUMBER: AB 1223 BILL TEXT Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The streets and highways of this state are being used by thousands of additional vehicles each year due to the state's ever increasing population, and this increased use has placed a heavy burden on the agencies responsible for street and highway construction and maintenance, traffic safety, and air quality control. (b) other states have addressed the problems caused by increased vehicle use, in part, by allowing the use of heavier trucks which have been redesigned with additional axles. The extra axles distribute the load carried by the trucks so that each axle carries less weight. (c) According to experts representing the petroleum industry, the use of the heavier, redesigned trucks in other states has resulted in a significant reduction in the number of trips required to deliver the same amount of petroleum products and a decrease in street and highway pavement deterioration, less traffic congestion, reduced fossil fuel emissions, and reduced exposure to traffic accidents. (d) As a part of its ongoing effort to address California's transportation problems, the Legislature needs to determine the relative merits of allowing the redesigned trucks described in Section 2 of this act to be operated on the streets and highways of this state. SEC. 2. The Department of Transportation, in cooperation with the Department of the California Highway Patrol T and the State Air Resources Board L shall study the economic, environmental, and safety effects of allowing heavier trucks than are presently allowed by law to operate on the state's streets and highways. The study shall be entirely funded by the California petroleum industry and shall be limited in scope to the operation of a 75-foot, 8-axle truck and trailer combination, with a weight of 105,500 pounds, regularly used in other states to transport refined petroleum fuel. The study shall include, but not be limited to, an examination of the routes these vehicles could use and any limitations associated with those routes. The study shall be commenced when the de~ar~Meft~e aftd ~fte beard reeeive department receives assurances of full reimbursement from private sources for all costs of the study. The cost of the study shall not exceed one hundred fifty thousand dollars ($150,000) and shall not take more than six months to complete. The departments and the board, and the advisory committee established by Section 3 of this act, shall be promptly reimbursed by the California petroleum industry for all costs they incur in connection with the study, and all those costs shall be included in the cost of the study. t~e-~ PAGE 3 Display 1991-1992 Bill Text - INFORMATION BILL NDMBER: AB 1223 BILL TEXT SEC. 3. If the Department of Transportation T ~fte Bepar~meft~ ef ~fte eaiiferftia Hi~hway Pa~re%T efts ~he Sese. Air Reee~ree. Bear~ reeeive aee~rafteee ef receives assurances of reimbursement pursuant to Section 2, the depar~meft~e aftd ~fte beard department shall, in an expeditious manner, develop guidelines for conducting the study_ The Director of Transportation shall appoint a study advisory committee T eefte~e~~ft~ ef fte~ mere ~ftaft %9 membere ~fte%~d~ft~ membere repreeeft~~ft~ affee~ed e~a~e aftd %eee% p~b%~e a~efte~ee aftd ~fte%~d~ft~ ~ftree membere repre.efteift~ efte p~8iie ae iar~e ee asvie. ehe deparemeftee aftd ehe beard to advise the department regarding the study guidelines. The advisory committee shall consist of not more than 10 members, and shall include one member representing each of the following: ~ The department. 121 The Department of the California Highway Patrol. lEl The State Air Resources Board. ~ Cities. ~ Counties. i!l The California petroleum industry. 191 The public, with experience in the field of public safety. ~ The public, with experience in the field of the environment. 1!l The public, with experience in the field of economics. The depar~meft~e aftd ~he beard department shall commence the study immediately upon completion of the guidelines. The depar~meft~e aftd ~fte heard department may contract with independent consultants for purposes of the study. Upon completion of the study, the depar~meft~e aftd ~fte beard department shall submit a copy of the study to the advisory committee for review. The advisory committee shall complete its review of the study and add its findings and conclusions and return it to the deparemeftee and efte beard department within 30 days from its receipt. Immediately upon receipt of the advisory committee's findings and conclusions, the deper~meft~e aftd ~fte beard department shall submit a copy of the study, including ~he~r its findings and conclusions and those of the advisory committee, to the Legislature. SEC. 4. The Department of Transportation T ~fte Bepar~meft~ ef ~fte eaiiferftia Hi~ftway Pa~reiT aftd ~fte S~a~e Air Reee~reee Beard may enter into agreements with the California petroleum industry to accomplish the purposes of this act. SEC. 5. Nothing in this act authorizes the operation of any vehicle, including the truck and trailer combination described in Section 2, on the highways of this state that is not in compliance with applicable law. 1~e-1 NOTICE OF VACANCY VACANCY: City Council Seat No.3 (To fill vacancy created by election for mayor). Term expires November, 1992. NOMINATING AUTHORITY: The Chula Vista City Council QUALIFICATIONS: Candidates must be a registered voter in the City of Chula Vista. APPLICATION DUE BY: . APPLICATIONS: Are available in either the City Clerk or City Council Offices. POSTING DATE: . \"lA/1 QUESTIONS 1. What are your views regarding the Bayfront? 2. What are your views regarding the Revitalization of the Downtown Business District? 3. What is your approach to growth management? 4. 11A-;1. For staff use only: Registered voter in Chula Vzsta? yes no NOTICES IN COMPLIANCE WITH THE MADDY ACT (Board and Commissions) HEREBY CERTIFIES that a copy of the attached notice was distributed to the following: City Manager (5) ChuIa Vista Public Library City Council (6) with letter of resignation attached (with Council Info materials) City Clerk Files (place in Commission Notebook) City Clerk Counter Otay Community Center, 1571 Albany Avenue, 91911 Lauderbach Community Center, 333 Oxford St., 91911 Woodlawn Park Community Center, 115 Spruce St., 91911 Star News, 835 Third Ave., 91911 San Diego Union, 555 "H" St., 91910 San Diego Tribune, 555 H St., 91910 Political Action Committee, Chamber of Commerce, 233 Fourth Ave., 91910 DATED: SIGNED: TITLE: -20- J1A''f COUNCIL AGENDA STATEMENT Item 17 b ITEM TITLE: Meeting Date 6/11/91 Request for fee wa i ver to General Pl an Amendment for property located at 114 Third Avenue Director of Planning ~ /'} City Manageri/ (4/Sths Vote: Yes___No-X-) SUBMITTED BY: REVIEWED BY: Dn June 4, 1991, the City Council directed staff to reply to a request from Ms. Wanda Eaton, representing Ms. Cynthia Williams, to authorize a fee waiver for a General Pl an Amendment for property located at 114 Third Avenue. The property in question was redesignated in the General Plan Update in 1989 to "Residential-Low/Medium" (3-6 units per acre) whereas the current zoning is R-3 (Residential Multi-Family). The City Council also directed staff to study methods by which individual property owners in areas where the General Pl an and zoni ng are i nconsi stent coul d pet it i on the City Council for approval of thei r i ndi vidua 1 projects. Such methods woul d be used on an interim bas is unt il the General Pl an/Zoni ng Consistency Study is completed. RECOMMENDATION: 1. Adopt as Council Policy a process for consideration of publicly-initiated General Plan Amendments which are requested by individual property owners in the area of General Plan/Zoning inconsistency. The details of this policy and the findings required are elaborated on in the Discussion section of this report. 2. Based on the three findings required by the proposed Council Pol icy, authorize staff to conduct a General Plan/Zoning Consistency review for a portion of Subarea B-3 of the General Plan/Zoning Consistency Study which contains the Eaton property. The area to be studied 1 ies between Third Avenue and Landis Avenue, and between "D" Street and "E" Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. HISTORY: On May 7, 1991, the City Council consi dered a request from Ms. Wanda Eaton, representing Ms. Cynthia Will iams, to authorize a fee waiver for a General Plan Amendment for property located at 114 Third Avenue. The property in question was redesignated in the General Plan update in 1989 to "Res ident i a 1- Low/Medi urn" (3-6 units per acre), whereas the current zoni ng is R-3 (Residential Multi-Family). On May 16, 1991, the Di rector of Pl anni ng addressed a 1 etter to the City Council advising them that a work program for completion of the entire area of Genera 1 Pl an/Zoni ng i ncons i stency was to be brought to the Council in July, and recommended that Ms. Eaton I s request for a General Pl an Amendment fee waiver be tabled until that time. l?b~l Page 2, Item 11 b Meeting Date 6/11/91 On June 5, 1991, the City Council, after considering additional testimony from Ms. Eaton, directed staff to prepare an agenda item discussing Ms. Eaton's request, and study methods by which other individual property owners in areas where the General Plan and Zoni ng are i ncons i stent coul d pet it ion the City Council for approval of their individual projects. DISCUSSION: Status of Central Chula Vista of General Plan/Zoninq Consistencv Studv: This property located at 114 Third Avenue, is in an area which was designated for further review in the "Central Chula Vista General Plan/Zoning Consistency Study," which was reviewed by Council in June, 1990. At that time, Council directed that, given budgetary and staffing limitations, a single subarea within the overall study area (Subarea B-1) be reevaluated, with the remaining areas to be undertaken at a later date. Subsequently, Lettieri-McIntyre and Associates was retained to perform the required studies for the B-1 subarea, and the Planning Commission has held public hearings on proposed General Plan Amendment and rezoning actions for this area. The City Council is scheduled to hold a public hearing on this matter on June 11. Staff is currently developing a work program, and time and cost estimates, for completion of general plan amendments and rezoning actions for the remaining subareas contained in the Central Chula Vista Consistency Study, which includes this property (see attached map). As recommended by the City Manager in the proposed budget for FY 1991-92, the Planning Department will be forwarding this information, along with project descriptions and time and cost estimates for other major planning projects, to the City Council for prioritization. It is our intent to present this report to Council in July. Consideration of Prooosed Proiects in Areas of General Plan/Zoninq Inconsistencv: Depending upon the priority which the City Council gives to completing the General Plan/Zoning Consistency Study, staff estimates that completion of that study will take at least six to nine months. Meanwhile, individual property owners may experience hardship in waiting for the outcome of the study, and may wish to petition the City Council for permission to move forward with projects which are currently inconsistent with the General Plan. Staff would recommend that the City Council adopt a policy for consideration of such requests. Such a policy would allow the Council to authorize publicly-initiated General Plan Amendments if the following findings could be met: 1. The property for whi ch an Amendment is requested is located in a small, easily definable area for land use and environmental analysis. 2. The property for which an Amendment is requested is located in an area where the predominant existing land use is built at a density or intensity commensurate with the density of the proposed project. J,1b.Z, Page 3, Item~ Meeting Date 6/11/91 3. Processing of this Amendment would not significantly delay the completion of the overall General Plan/Zoning Consistency Study. Reauest for Fee-Waiver on General Plan Amendment: The property for which the fee waiver is requested is located at 114 Third Avenue in Special Study Area B-3 of the General Plan/Zoning Consistency Study. Along with several other properties between Third Avenue and Landis Avenue, and between "0" and "F" Streets, it is isolated from the main body of Special Study Area B-3, which is westerly of this area. Therefore, rather than processing a separate General Plan Amendment for a single parcel, staff would suggest an alternative of conducting the General Plan/Zoning Consistency review for this block as a high priority project. If this approach were taken, staff would estimate that the item could be brought back to the City Council for final consideration in approximately 90 to 120 days. During this time period, staff would conduct a land use analysis, prepare an environmental initial study, hold a public forum, provide legal notice of the proposed changes, and bring this item before the Planning Commission for their recommendation. Staff would recommend that the Council authorize processing of a General Plan/Zoning Consistency review for Ms. Eaton's and adjacent properties because it meets the three findings contained within the proposed Council Pol icy, in that: 1) it is in a small, easily definable area which is not contiguous to other areas under consideration; 2) it is located in an area of predominant mult i -fami ly development; and 3) process i ng the General Plan Amendment/Zoni ng Consistency review for this area would not significantly delay the completion of the overall General Plan/Zoning Consistency Study, given the relatively small size of the study area, and the fact that the overall study work program has not yet been completed. FISCAL IMPACT: Additional costs would be minor, in that this review would otherwise be required to be conducted as part of the overall General Plan/Zoning Consistency Study. WPC 9401P l1b.3 COUNCIL INFORMATION ITEM May 16, 1991 To: The Honorable Mayor and City Council Subject: John Goss, City Manager Robert A. Leiter, Director of Planning ,i#t Request for Fee Waiver to General Plan Amendment, for Property Located at 114 Third Avenue Via: From: On May 7, 1991, the City Council considered a request from Ms. Wanda Eaton, representing Ms. Cynthia Williams, to authorize a fee waiver for a General Plan Amendment for property located at 114 Third Avenue. The property in question was redesignated in the General Plan update in 1989 to "Residential-Low/Medium" (3-6 units per acre), whereas the current zoning is R-3 (Residential Multi-family). This property is located in an area which was designated for further review in the "Central Chula Vista General Plan/Zoning Consistency Study, " which was reviewed by Council in June, 1990. At that time, Council directed that, given budgetary and staffmg limitations, a single subarea within the overall study area (Subarea B-1) be reevaluated, with the remaining areas to be undertaken at a later date. Subsequently, Lettieri-McIntyre and Associates was retained to perform the required studies for the B-1 subarea, and the Planning Commission has held public hearings on proposed General Plan Amendment and rezoning actions for this area. We intend to present these recommendations to Council at a public hearing in June. Staff is currently developing a work program, and time and cost estimates, for completion of general plan amendments and rezoning actions for the remaining subareas contained in the Central Chula Vista Consistency Study, which includes this property (see attached map). As recommended by the City Manager in the proposed budget for FY 1991-92, the Planning Department will be forwarding this information, along with project descriptions and time and cost estimates for other major planning projects, to the City Council for prioritization. It is our intent to present this report to Council in July. If, as part of its review of this work program, the Council gives a high priority to completion of this project, the property owner would not incur any costs in having a General Plan Amendment evaluated and considered by the Planning Commission and City Council. To summarize, it is staffs intent to return to City Council in July with a work program for major planning projects, which would include the aforementioned General Plan Amendment, and we will so advise Ms. Eaton. However, if Council wishes to further consider this specific request prior to that time, Council should so advise staff, and we will have the matter placed on a future agenda. RAL:nr (114'1bin1) 1-1 h r5 ',.r _./ ) < ..[20 GENERAL PLAN/ZONING_CONSISTENCY STUDY / SPECIAL ST~T AR:~ V~f~~~,~i(i~ ,,"'- , UBJECT] i PROPERTY , , ,'114 Third Ave. II! ;1 , ; I" '000000'" I. t n__ __ - . _u_ r-=:: +h '-:__.__'_ ;' ~ : . J _ _. nul. I I - == -_ --..-_-~..... :; _u_. _ ~_ "."'T , eSEE "EPORTFORARE~DE8C_RIPTION] ~;.t;:': ~ii~~~l'i~ CITY OF CHULA VISTA - PLANNING DEPT. ADVANCE PLANNING DIV. '.-4-110 L. FRY E.XHIBIT B ilE8m ,~ eoo' T1:: : I o FEET 1- fA- (.. ...- ./. --.:::..--.. ". <"~ - , --.. -pe"Vt;.. ~p~ent C -" ;.- , '''.0;0. '" ' 0." ~ ,- 1";;' .~'-" "\ j /': " ,.. - - - "---"'<: . ......- 'lL.~ '/ ~ I; . ; f-'- -=-~ ,i I r-r- Ii. Ii 'I I j' ! 11 ,1 I' ! ' I' Ii , /' I, ~ ! I !; \.U CITY COUNCil OFFICES OIUcA VISTA, CA I GENERAL CONTRAcroR' 1 , i CALIF. Lie. #512908 I) ~_ v 9471 Ridgehaven Ct., Suite D San Diego, CA 92123 (619) 565.8312 Apr il 30, 1991 Ittfft'l1r:-- i.~. rr7>,-~,.!\ I;t './;Q~" Q\}/ C{li!,4J JJ . ~ ,.f(;~ ~ I!t>:,.". YJS\.ir;~ ,q "" 't.r .''..'.l till ~ 1i(J^!S To The Honorable Protem Kayor Leo~ard Moore and City Council of the City of Chula Vista Attention: John Goss 276 Fo~rth Avenue Chul~ Vista, CA 91910 Subject: Request For H~arin8 - 114 Third AV€flUt?, Cl1\.~lt:l Vista G.:-ntlen:en: L ThiE. letter i." a :"'q""''',t. that the matt",r mentioned below be placed on cal",ndar to be h",ard by the Honorable Protem Mayor Moore and City 'Council of Chula Vista, Please reference the real property owned by Cynthia Williams located at 114 Third Avenue, Chula Vista. At the present time a serious hardship is placed upon Ms. Cynthia (Cyndy) Williams because no further development is possible at her real property due to a contradiction between the present R-3 Zoning Requirements and the R-1 General Plan Reouirements. Ms. Williams understands that an application for an ~mendment to the General Plan can be made. However, she cannot afford the $ 2,500.00 fee for this processing. She is also suffering a great loss in equity. Her request is that her fee be waived and Council review her application for an Amendment to the General Plan and/or that CounCil, upon hearing this request, begin the necessary study of this area, which will allow development. Please notice Ms. Williams as to the date and time this matter will be heard at 420-8581, days (Hubbard Engineering> or 691-7641, nights. Thank you for your attention and cooperation. Very truly yours, w~J..~ ~ .,........ , ----I ~ p"u....~ Ms. Wanda Eaton, Vice President CC: Ms. Cynthia Villiams Warren X. Hubbard RCE 7193 ~ /1/J- 1 '.'~~-'-"-'-~----"-'--"~"7'~.""""-"",,,,~~. ----~_. JI~ : / ,U.Q GENERAL PLAN/ZONING CONSISTENCY STUDY :rmL ! "-J ' , f , ~ ,SPECIAL STUDY AREw:J I' c .' c 'l' ,--, Ii ,I. ('0-..1':----> - c-- -' . :.- -~ j I I I I I I ,I i i --- --------- =l . . ?~:c ",e (i;::\ ~q, 1 'uln, ' ~I -;- I{,,~.', 1~~."lr' :::j ;:::t I~ ~----,-,~!I ,II -= f- , I' '-i':>-<J-\" " .. 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ADVANCE PLANNING DIV. 8-4-80 L. .t 7/J-$ ,.(1 \"',\ i .!" ll~ 114 Third Avenue Chula Vista, CA 91910 June 11~ 1991 To The Honorable Mayor Ralph Nader and City Council of the City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Subject: Property Located at 114 Third Avenue, Chula Vista Gentlemen: Please understand that, although I am in the development and de:3ign business in this City, I am in no position financially to wait from July, 1991 until December, 1991 or later for the Ci ty to make a decision concerni ng the zoni ng on my pI-opert y. 1{r, Malcolm, as you cOlTunented at last week's Council Meeting, I have only addre:3sed the Council with this ma.tter :since May 7, 1991. However, it 1:;; necessary that this Council understands that I had addressed initially ~ll~ City Planning Departmerd-, a:::::. for Lack as 192J;'. At that tim>::-. I wa,s I,old d the ::;ame thing I oJ[] teing tClld today. The fEl(~e::; bave simply cbanged. Perhap:3 now you '~'an ultder::;tand my position. I have carried thi:3 financial burder- for more than t.WCl Yt~ar::::. dnd pel-haps, you are not corl:3idering IDe a::=' an individual. If thi:b is the case, can you plea:3e direct me to someone in the City who is concerned about individual need:; of the citizens. If this was your home, what posi tion would you take as a pr"operty owner? Being told once again that a study i::3 to be made, and knowing that your needs were being neglected, a.nd that realisti,:;ally it could vel-Y well take another two years or longer. Let me tell you my pO:3ition. Becau58 financiall.y neither the City nor myself can afford to look at my property independent of the ,study area B-3, I propose that I take the initiative to complete this necessary study of this area which consists of only ~leven parcels of land with single family dwell i ngs, ten parce l.s of land wi th high-densi ty apartments, and one parcel of land with commercial development presenting a total of twenty-two parcels of land in this area of study. I am requesting a copy of a Planning Report that has been accepted previously. This copy needs to include the correct format to be followed. It is fact that the City has accepted independent studies in the past. This will rid the City of a major portion of its financial burder of such study, alleviate part of my hardship and eKpedite the study itself. Gentlemen, it. is i mperati ve that the study begin iuunediately and this is the solution. s:ie ,tfully, l~.<<-')j~. Cyn hia Williams ~ ,--If:, '..;. 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G,4LC.I.Jt.ATE5 TO LtJS; Or i EQV/"r:j' E-ST7N/JrE'lJ fiT 'r--,_/l1t9k"KGT V',4LUE rlfoll1 i _ 4/601000 1O~olooo, &0 TE eotV'D) TII15 ZC>/VIIVtf, cl//Jt-Iq,E RESULT /5 n LLJS.s o,c: 1-J/G,IIl>/:IVSIr( Ht/tl7-RESIP&I UIV/Nt::, C IN AN ;;;u;n Wm HIGiIl-lJEiVStT( PEVElOPMeJ7 ___~D CNTY BRD OF SUPRVRS TEL No.619-557-4025 Jun 10,91 17:40 No.031 f-'.Ul ffil11ttrlJ~\lf"~all tHegn iDuitIi~.'f."t.~ll~rrtti!1DrJ3 .lJJf.l~'~ ~:",~~:(~.l. II! ' '(o:1.ij:pu ~u.. \' Yi~f~ \"1;- tcl.,.,~ -' . ' ; 1;t, \ r;- ,..-.\ 7'-r.~ . ,of: M, I ~, ' '\ " "I -" .- _ J}f. ,2 =~I i!11! ~9 'rX~~t ll~, AK1~~~< jj' ~~" "" 1~"'''' ' " 'I ~<;.'" \:.~ ~-'i~'<'" ,. ': '. '/'\ .A~~~'~ . ~.,--_. - @I ~ ~ ~ fi ~ ~ ~. 1\1li JUN \ I \99\ l~ ..' CllY COUNCIL ofFICES CHUL~ ~iSl~, CA CSpor'1018:.;rds. .'. . -50 . .;~ . y. N::!IJOnQl AuotiQ!~on Qf Coun'ie' County Svpcrv1!or& AuocioliOI'l of ColifQf"lo Sou:ht,n Collforr'lio HQ;es,dov$ WOlla ManageMent ,6.l,llhorlty Seuth.,1\ Colif.:,nio Re~ionol Anceiotion of COl.ll"ltiu M~'rc.poliler'1 T~Or\lit C:he~Op'T.,,:":1 Boord flen Die~o Region.:.! Wafer Rl!clom=a~jon Aljjlcncy Ci:yICeIJn,y Reir"lV!stmt:r'l1 to~'.. F~.'ce Notj"I"I~1 lo SIClle aQQ,d,~ LEON L WILLIAMS SUPERVISOR FOURTH DISTRICT FAX COVER SHEET Fax number: 557-4025 R:Cii~l'l:;)l Tosk Fo~(e on lht' HQr'I",e:llU Date lP!lo/9\ To MNYD'e.... f~D\ eM UOCQ s: Fax Number G:,~ \ - S'3J From ~~IO\llS^'f? Loz...C5N "'-I ILL\ A Mo$ j Number of pages following cover sheet q Comments: TI w.",Jd J<'N &1 c,{,/. P{;h.1fI!' '" .liwJl)4'" wuv2.J &.. loG.("~( ct6~ ~ HO..'tU1 5'eeiAH" S/.!J wJ( /lc/o- K"'ew< CL ~ frN' f'4..""'.u(- 73(./1- ('/IN,w, k ~(~CHc/ (lrf'c~ ~I-((c. C (.. v/~ tJ"s/A S'ul< #J "I'/~~/ /ye'''-or ~ S'/}~..i l);PG- &-II1Il~ .... . 1J1J<I S'r'nfi S'f1e'J1< ~ - 8~cT 1Y/''''''r:'/f;~7: # 'pcd-- 'Qlfcf ;i~elwJ" ti,dRj ~i \J<.W< /hJd' c~V-NC;IIlQ~'~'\" JM(//J~~ RMf ~a..et- CCfN,lII(~re. fI'}./ ..z;,cxku':~'#/~ M.P'6 J'-Px.J!Hr ~~ ,d...,. 4"~ 1600 PACIFIC HIGHWAY' SAN DltGO. CALIFORNIA 92101 ' (619) 531-5044 ..:~. vi..! '-I~ I I Lip..,J..! WI 0VII"-I.II"-,-" Il.....l..... liU .'_....~' ~'__L NallonCll .. Star. eo>c.,d$~ Notional Auo<.\ation of Covntil:s County ~per.,I'orl Anoclotio!'1 of Cnlifornlo Sovtn.m California HazordQus WOltt Mono~rmInl Al"l1hority Sout"'.rn California 1('9101'101 A"OCiC3lioo of Countil;:l TO: From: pate: subject: R:eg;onol B~Ofd& Mp.lropol,lon Tra(l$!' Developmtl'\l Boord ~Q!"I Diego Regional Wator ReclClmoti,m AgencV City/County Reil'ovestment losk Force Regionol "aS~ Force on The HOn'leleu LEON L. WILLIAMS SUPERVISOR FOURTH DISTRICT SANDAG Board Memb~~~' Leon L. Williams (?I" June 10, 1991 creation of a san Piego county Regional Airport Authority Exploration Committee The issue of wheth stablish a San iego County Regional Airport Authorit E oration committee 1 be before the Board of supervisors n esday, June 11, 1991. The intent of this proposal is to c eate a committee which wi 1 represent the entire county of San iego and make recommendatio s on the most appropriate or ani~ational structure an financing mechanism for the ultimate es blishment of a Reg' al Airport Authority. This issue is being b ught forward his time to ensure that the region as a whole i 1n resolving its complexities. Diego If you at 531- Please find attached a six page agenda item entitled "san County Regional Airport Authority Exploration Committee." have any questions regarding the letter please contact me 5544. 1600 PACIFIC HIGHWAY' SAN DIEGO. CAtlFORNIA 92101 . (619) 531.5544 ...... SD CNTY BRD OF SUPRVRS TEL No.619-557-4025 Jun 10.91 17:40 No.031 P.03 7j '- DATB: June 11, 1.~91 SUB.1BC'l' : Board of Supervi~ors San Diego County Regional. Airport Authority Expl.oration Committee TOI ,sUMMAR'lC1 J:1J8UB: Shoul.d the County, as the regional. government representing all. ei9hteen cities and the unincorporated area, establish a seven melllber San Diego county Regional Airport Authority Expl.oration Co ttee to identif an end the m ro riate anizatlona s ruc ure for a San D18go Count Re al Air or uthorit wh ch woul. char<;Je W1 t e respon- ...__nbility tn p..o"ide for t e region's integra ed air transpo t needs? _ ,./J /' . "In'" ? ~zm~/ft(J'I.JJ.. RBCOMMENDATrON (S) ; SUPBRVXSOR wrLLxAM81 1) Approve the establishment of a San Diego County Regional Airport AuthoritY Exploration Committee to determine the most appropriate organizational structure and financing mechanism for the establishment of a San Diego County Regional Airport Authority, and to identify and make recommendations on other issues surrounding the creation Of such an authority. L 2) Authorize the Chairman of the Board of Supervisors to invite the other a<;Jencies in San Diego County which are involved in the operation or planning of airports (these include the Unified Port District, the city of San Diego, the city of Oceanside and san Diego Association of Governments) to participate in the establishment of such a oommitt.ee. 3) Direct the CAO to investigate staffing needs and evaluate appropriate fundin<;J sources, inclUding the availability of Airport Enterprise Funds, necessary to establish a San Diego County Regional Airport Authority Exploration Committee. Approve in concept the County's commitment to fund up to $100,000 to support the staffing, opera- tions and necessary consultant services for the San Diego County Regional Airport Authority Exploration Committee. L, JUN 1 , \99\ 73 iUBJECT: San Diego County Regional Airport Authority Exploration Committee L- ADVXSORY STATEMENT No advisory statements or recommendations have been received relative to this action. I'ISClt.L XMPACT By approving these recommendations, the Board is approving in concept the expenditure of up to $100,000 towards the .taffing, operations and necessary consultant services for the San Diego County Regional Airport Authority Exploration committe.. No expenditures will be made before staff returns to the Board during budget deliberations with final recommen- dations. I71CKClROUN1H THE HEED I'OR BXPANDED AIR TRANSpoRT PACILXTIES ~- Although san Diego International Airport-Lindbergh Field is centrally located and generates an operating profit, the san Diego region needs to expand its air transport facilities for many reasons. predictions are that in a short time, auto traffic coincident to Lindbergh Field will become so severe that getting to and from the airport may take longer than many flights. Additionally, air traffic operations are becoming increasingly congested. In 1989, there were mOJ."e than 200,000 take-offs and landings at Lindbergh Field and that number is expected to grow 2% annually. The passenger load is projected to increase 460,000 annually, and by 1999 the-average take- off delay for an afternoon departure will be 74 minutes. There is concern that Lindbergh Field's inadequate size will adversely affect the economic health of the San Diego region and its ability to compete within the emerging Pacific Rim market. Economists have estimated that without additional air carrier capacity there will be a loss of "economic oppor- tunity" in the range of $33 to $55 billion between now and the year 2050. ~ L """"':"""-'"."' SD CNTY BRD OF SUPRVRS TEL NO.619-557-4025 Jun 10,~1 l(:QU NO.U~l ~.U~ . 73 \...../ SUBJECT; San Diego County Regional Airport Authority Exploration Committea THE SITING OF A NEW AIRPORT The ..arc~ ror a new airport to replace Lindbergh Field has been a recurring issue for the region since World War II. In the event that a new airport is sited in the region, there needs to be an authority in place which can acquire, plan for, build, finance, operate, maintain and administer the new facility. IRTBa-AGBRCY OOOPB~TION Presently, there are four agencies which operate airports in the county of 5an Diego and one that serves as the primary transportation planning agency: 1) The County of San Diego operates McClellan-palomar Field, Gillespie Field, Ramona Airport, Borrego Valley Airport, Agua Caliente Springs Airstrip, Ocotillo Wells Airport, Jacumba Airport and Fallbrook Community Airpark. 2) The Unified Port District operates Lindbergh Field. 3) 'J'he city of San Diego operates Brown Field and Montgomery Field. L 4) The City of oceaside operates Oceanside Municipal Airport. 5) SANOAG is designated by the State of california on behalt of the Federal Department of Transportation as the "Metropolitan Planning Organi;l:ation" and serves as the regional transportation planning agency in San Diego County. SANOAG has taken a lead role in studying where a new international airport should be sited. . Clearly, these agencies, as the airport operators and planners in the region, all have a vested interest in airport develop- ~ent in the region and should be invited to participate in a San Diego County Regional Airport Authority Exploration Committee to determine the organi;l:ational structure most suitable for a San Diego San Diego County Regional Airport Authority. L working together, these agencies should examine the issues surrounding the creation of such an authority in order to form a mutually beneficial agreement which will serve the best interests of all citizens in the County of San Diego. The committee would be charged with identifying and recommending the most appropriate organizational strUcture for a San Diego county ~egional Airport Authority with. responsibility to provide for the region'S integrated air transport needs. 5D CNTY BRD OF SU~RVk~ I~L NO.O.~-~~(-4U~~ .. L ~. L/ ..J L;.,; ...u ,.:J..l J.,. .....,_' ,~U . .~' 0- (,) SUBJECT: san Diego County Regional Airport Authority Exploration Committee It is in the best interest of San Diego County and its residents for the County to continue its active participation in airport issues: . The County serves as the only regional government, with its elected officials representing citizenS of all 18 cities and the unincorporated area. SANOAG has recognized the County's planning and land use responsibilities in airport siting. The County has shared responsibilities for coordinating and/or prOViding road/rail accesS to and from the proposed airports. The county owns and operates eight airports in the region and has extensive experienoe in airport management. . . . . The County is the state appointed responsible agency for issues relating to noise problems surrounding airports and has the authority to designate "noise problem" airports County-wide. -r- There is precedence for county participation in incor- porated area-based public agencies, including: Metropolitan Transit Development Board, regional surface transportation authority. 2) Metropolitan Waste Water Authority. 1) 3) Regional air pollution control. By actively participating in the airport issue through tlHl establishment of a San Diego County Regional Airport Authority Exploration committee, the County would maintain a further role as a charter member of the San Diego County Regional Airport Authority. 4 -.I.l.! '- i~ I I J.Jr"... WI L ~v ~j '-'VI j.,Vh.-..' I ~~ J~'-' .I..'..I.~' -'_' I .....'_'......_ 73 SUBJECT; san Diego County Regional Airport Authority Exploration Committee SAM DIEGO COVNTY REGIONAL A1RPORT AUTHOR1TY EXPLORAT10N COMMITTBB' 8 MAD UP The San Diego County Regional Airport Authority Exploration Committee would be made up of seven appointed citizen representatives (not elected officials): two from the County of San Diego, two from the city of San Diego, one each from the city of Oceanside, the San Diego Unified port District and the San Oieao Association of Governments. The representa- tives should be selected so that they bring a broad spectrum of expertise to the Committee necessary to developing recommendations regarding the formation of'a San Diego County Regional Airport Authority. Examples of desirable fields of expertise include: finance, law, a1r transport, real estate, lnterna~ional commeroe and local businesS. The appropriate staff support would be provided by the participating agenc),es. T:J:1C!:LINB It is intended that eaoh agency appoint its respective representative (s) to the San Diego County Regional Airport Authority Exploration Collllllittee by August 1, 1991. The committee would then meet as often as determined necessary in order to make their recommendations on the issues surrounding creation of an Airport Authority by Deoember 1, 1991. Respectfully submitted, LEON Board of 5 ...,,~ SD CNTY BRD OF SUPRVRS TEL No.619-557-4025 Jun 10,91 17:40 No.031 P.08 ............... L L 73 BOARD OF SUPERVXSOnS AGENDA X'l'EM XNFORMATXON SHEET SUBJECT: Airport Authority Exploration Committee SUPV. DXBT.: A11 !;:OUH'l'Y COUlilSEL APPROVAL: Form ( )Standard Form and Legality (x)~es ()Ordinance ()Resolution ()Yes 4 VOTES: ()Yes ( )N/A AUDITOR APPROVAL: (x)N/A (x)No PXNANCXAL MANAGEMENT REVIEW: ( ) Yes (x)NO CONTRACT RBVIBlf PANEL: ( ) Approved (x)N/A ~NTRACT NUMBERIB): N/A PREVIOUS RBLEVANT BOARD ACTION: 6/5/90 (t66 & 67) Board approved appointment of supervisor williams to serve as the County represen- tative on SANDAG airport delegation charqed with entering into discussions with the United States and Mexico qovernlllents to determine the feasibility of a binational airport. 1/29/91 (#75) supervisor Williams reappointed to airport delegation. BOARD POL'ICIES APPLICABLE: None , 9ITIZEN COMMITTEE STATEMENT: N/A CONCURRENCEIS): None CONTACT PERSON: Adrienne Brodeur, 530/531-5544, A-SOO ORXGXNATXNG DEPARTMENT: Fourth supervisorial Distriot DEPARTMENT AUTHORIZBD REPRESENTATIVE MEETING DATE 6