The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 1991/11/12 '- '" ifec!are untler penalty of perjury that 1 eM' c;:,,~Joyed by the City of Chula Vista 1'" the a.iice 01 the City Clerk 8n1 that I posted this Jl.:;enJ2/Noiicc on the Bulletin Board at ~~~~~.November 12, 1991 ~A~,~~:Ii~'?;; B~;6~\i; eS~~blicC;~~e:~:;~~~ Resrular Meetin!! of the City of Chula Vista City Council CAU.ED TO ORDER 1. CAlL 1liE ROLL: Councilmembers Grasser Horton ~ Malcolm ~ Moore ~ Rindone ~ and Mayor Nader _' 2. PLEDGE OF ALLEGIANCE TO 1liE FLAG. SILENT PRAYER. 3. APPROVAL OF MINlITES: November 5, 1991 4. SPECIAL ORDERS OF 1liE DAY: a. Introduction of guesm from Sister City Odawara, Japan to City Council - International Friendship Commissioner Teresa Thomas will introduce Mamoru Aoyagi, Hiroshi Ejima and Shinji Koizumi to the City Council. CONSENT CALENDAR (Items 5 thru 16) The staff reconrmendation regarding the following items listed under the Consent Calendar will be enm:ted by the Council by OM motion without discussion unless a Coundlmember, a member of the publk or City staff requests tJuJt the item be pulled for discussion. If you wish to speok on OM of these items, J'Iplse 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 speok in favor of the staff recommendation; complete the pink form to speok in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Publk Hearing.< and Oral CommunU:ations. Items pulled by the publk will be the Jim items of business. 5. WRITTEN COMMUNICATIONS: a. Letter of resignation from the Design Review Board - Jose Vicente Alberdi, Jr. Staff recommends that this resignation be accepted with regret. b. Letter urging the City Council to endorse MAAC Project's application to provide alcohol recovery services at Nosotros . Senator Wadie P. Deddeh. c. Letter requesting a stop sign at the comer of First Avenue and Oxford Street - Pamela Wiser, 85 Oxford Street, Chula Vista, CA 91911. Staffrecommends this be referred back to staff and the Traffic Safety Commission, d. Claims against the City - Claimant No.1: Victor M. Ruiz, c/o Alec Beyer, Esq., Law Offices of Samuel Spital, 1200 Third Avenue, Suite 1524, San Diego, CA 92101; Claimant No.2: Carol Maclean, c/o David A. Manzi, Esq., Miller, Ewalk, Monson, Hoshaw & Schechter, Attorneys at Law, 501 West Broadway, Suite 700, San Diego, CA 92101-3536; Claimant No. November 12,1991 -2- Agenda 3: Loretta Morgan, c/o Marcy E. Kaye, Attorney at Law, 1520 State Street, Suite 136, San Diego, CA 92101; Claimant No.4: James W. Morgan, 3453 University Avenue, San Diego, CA 92104; Claimant No.5: Jose Armenta, Guardian, Ad Litem for Joel Armenta, c/o Ruben F. Arizmendi, Attorney at Law, 110 West 'C' Street, Suite 1407, San Diego, CA 92101; Claimant No.6: Amador Cardona, c/o Sofia L. Nietes, Attorney at Law, 24475 Sunnymead Boulevard, Suite K, Moreno Valley, CA 92388. It is recommended that the claims be denied. 6. ORDINANCE 2483 7. ORDINANCE 2484 8. ORDINANCE 2482 9. ORDINANCE 2486 AMENDING SECI10NS 19.60.020 AND 19.08.030 OF TIlE MUNICIPAL CODE RELATING TO ENFORCEMENT (second readin... and adoDtionl - Pursuant to Council direction, the Planning Department, Building and Housing Department, and City Attorney's Office have initiated enforcement efforts to deal with the problem of illegal signs. As a result, it was discovered there was a need to clarify the ordinances. The change to Section 19.60.020 would allow enforcement power against those erecting an illegal sign and those who are plainly guilty of maintaining or permitting an illegal sign. The change to Section 19.08.030 would give the City the option of prosecuting offenses as either infractions or misdemeanors. Staff recommends Council place ordinance on second reading and adoption. (City Attorney) ADDING SECI10N 8.24.045 TO TIlE MUNIOPAL CODE RELATING TO TRASH (second readin... and adoDtionl - The City is currently having a problem with people using City trash receptacles on a routine basis to unload their privately generated garbage. The addition of the proposed section would specifically address this situation. Staff recommends Council place ordinance on second reading and adoption. (City Attorney) AMENDING SECI10NS 10.64.010 AND 10.64.040 OF TIlE CHULA VISTA MUNIOPAL CODE RELATING TO THROUGH TRUCK ROUTES (second readinsr and adoDtionl - There have been several changes to the City's circulation system since the existing truck routes were established in 1975 and amended in 1982. Revisions to Chula Vista Municipal Code Sections 10.64.010 and 10.64.040 are also needed. Staff recommends Council place ordinance on second reading and adoption. (Director of Public Works) AMENDING SECI10N 19.09.040 OF TIlE MUNIOPAL CODE BY CHANGING TIlE TRAFFIC THRESHOLD STANDARDS TO TIlE 1985 HIGHWAY CAPACI1Y MANUAL (HeM) METHOD AND DELETING ECONOMICS FOR TIlE ECONOMICS THRESHOLD STANDARD (second readinsr and adoDtionl - This amendment would change the Traffic Threshold Standard from the Intersection Capacity Utilization method to the 1985 Highway Capacity Manual method; and change the focus of the Economic Threshold Standard to fiscal matters, including an annual review of the development impact fee programs. Staff recommends Council place ordinance on second reading and adoption. (Director of Planning) November 12,1991 -3- Agenda 10. RFSOLUTION 16408 APPROVING 1HK SECOND TIiREE PARlY AGREEMENT POR mAY RANCH DEVELOPMENT PROCESSING BETWEEN 1HK CI1Y OF CHULA VISTA; ROBERTBEIN, WIL1JAMPROSf AND ASSOCIATES; AND BAlDWIN VISTA ASSOCIATES, LP. AND AUTIiORIZlNG 1HK MAYOR TO EXEClITE SAID AGREEMENT. The agreement is for the planning of the development of Otay Ranch. Staff recommends approval of the resolution. (Deputy City Manager Krempl) 11. RFSOUTllON 16409 APPROPRIATING FUNDS POR PURCHASE OP FIRE TRUCK - Council approved the purchase of one fire apparatus truck on 2/5/91 and an additional one on 6/4/91. At fiscal year 90-91 end, the original encumbrance for one truck was inadvertently cancelled and the monies returned to the Equipment Replacement Pund balance. Monies will have to be appropriated to cover the purchase. Staff recommends approval of the resolution. (Director of Pinance) 4/5th's vote required. 12. RESOLUTION 16410 APPIRMING 1HK TRIAL TRAPPIC REGULATION - PARKING PROHIBmON POR VEHICLES OVER SIX FEET IN HEIGlIT ON EAST PLOWER STREET - A trial traffic regulation establishing a parking prohibition for vehicles over six feet in height on East Plower Street was implemented. Staff recommends approval of the resolution. (Director of Public Works) 13. RFSOLUTION 16411 APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN 1HK CITY OP CHULA VISTA AND 1HK VfN CONSULTANTS, INC. POR ENGINEERING SERVICES DURING 1HK CONSTRUCTION OP TELEGRAPH CANYON ROAD/OTAYLAKES ROAD PHASE ill - Second amendment to the original agreement between the City and VfN Consultants, Inc. approved by City Council Resolution 13990 on 3/7/89. This amendment will provide an additional $30,360 for construction engineering services not included in the original agreement. Also, authorizes Director of Public Works to approve an additional $5,000 in unanticipated services; Staff recommends approval of the resolution. (Director of Public Works) 14. RFSOLUTION 16412 AUlHORIZlNG 1HK MAYOR TO EXEClITE A GRANT OP EASEMENT TO SAN DIEGO GAS AND ELECTRIC IN LOTS B AND E OP MAP 12503 - In conjunction with the development of Rancho Del Rey, Phase 6, Unit I, SDG&E has requested a grant of easement over Open Space Lot B and Park Lot E, Map 12503, to construct facilities serving the subdivision. Staff recommends approval of the resolution. (Director of Public Works) 15. RFSOLUTION 16413 ACCEPTING CONTRACT WORK POR IMPLEMENTATION OP 1HK CHULA VISTAPAINT PACILI1YTECHNICAL CLEAN-UP PLAN PORPUBIJC WORKS YARD AT 7W "P" STREET IN 1HK CITY; APPROVING CHANGE ORDER NUMBER ONE; AND AUlHORIZING 1HK DIRECTOR OP PUBIJC WORKS TO EXEClITE ON BEHALP OP 1HK CITY - On 8/28/90, the City Council, by Resolution 15821, awarded a contract in the amount of $294,000 (including contingencies) to American Processing Co., Inc. for the removal of the paint pit located at the City corporation yard. The work is now November 12,1991 16. REPORT .4- Agenda complete. To complete the project, however, it was necessary to modify the contract to accommodate the soil treatment/disposal requirements imposed on the City by the Regulatory Agencies. The net effect of the change order was to decrease the contract to $84,187.94. Staff recommends approval of the resolution. (Director of Public Works) REGARDING TIll! DEVELOPMENT IMPACf FEE FUNDS POR TIll! P1SCAL YEAR ENDED JUNE 30, 1991 - Assembly Bill No. 518 requires the local agencies assessing Development Impact Pees to make available to the public the beginning and ending balance for the fiscal year and the fee, interest, other income and the amount of expenditures by public facility, and refunds made during the fiscal year. It also requires that the local agency review this information at a public hearing. Staff recommends acceptance of the report. (Director of Pinance) · · END OP CONSENT CALENDAR · · PUBlJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items 1uwe bun advertised and/or J10SUd as publil: hearings as required by law. [fyou wish to speIJk to Il1IY item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speIJk in favor of the staff recommendoIion; complete the pink form to speIJk in opposition to the staffreconrmendmion.) Comments are limited to five minutes per individuoL 17. PUBlJC HEARING ORDINANCE 248S 18. PUBlJC HEARING PCA-91-06: POR TIll! PURPOSE OP CONSIDERING AN AMENDMENT TO TIll! MUNICIPAL CODE TO DELETE CERTAIN PROCEDURAL REQUIREMENTS POR oruRCHES TIlAT SERVE AS TEMPORARY SHELTERS POR TIll! HOMELESS - CITY INITIATED - The Interfaith Shelter Network has requested that the City consider streamlining certain local procedural requirements which now apply to churches that wish to participate in the program. The proposed amendment would allow churches to provide shelter for the homeless for two weeks per year without the necessity to secure a zoning permit or to notice surrounding residents each year prior to providing the shelter services. Staff recommends Council place ordinance on first reading. (Director of Planning) Continued from meeting of 11/5/91. AMENDING SECl10N 19.58.110 OP TIll! MUNICIPAL CODE TO DELETE CERTAIN PROCEDURAL REQUIREMENTS POR oruRCHES TIlAT PROVIDE TEMPORARY SHELTER POR TIll! HOMELESS (first rea.!;n,,) PCM.92-01: AMENDMENT TO TIll! RANCHO DEL MY SPECIPlC PLAN BOUNDARIES AND AN AMENDMENT TO SPAS I, II AND III BY INCORPORATING AND DESIGNATING COMMUNITY PURPOSE PACJIJTY SITES, RANCHO DEL MY PARTNERSHIP - This is a request to amend the Rancho del Rey SPA I boundaries to include two parcels totaling 13.7 acres, and amendments to SPAs I, II and III in order to incorporate and designate certain sites for community purpose facilities as required by the recently adopted "Community Purpose Pacility Ordinance." Staff November 12,1991 -5- Agenda recommends Council place ordinance on first reading. (Director of Planning) ORDINANCE 2487 PCM-92-01 AMENDMENT TO nm RANOfO DEL REY SPE<JFIC PLAN BOUNDARIFS AND AN AMENDMENT TO SPAS I, IT AND ill BY INCORPORATING AND DESIGNATING COMMUNITY PURPOSE FACIU1Y SITES, RANOfO DEL REY PARTNERSHIP (first readinl!:) ORAL COMMUNICATIONS This is llII opportunity for the gmoal publU: to address the City Coundl on any subject matIO within the Coundl's jurisdidion tIu1l is not llII iImI on this agenda. (State law, however, generalI.y prohibila the City Coundl from taking aeIioII on any issues not induded on the posted agenda.) If you wish to address the Coundl on auda a subject, pkase complete the ydlow "Request to Speak Under Oral Communications Form" availJJb1e in the 10bby and submit it to the City C1erlc prior to the meeting. Those who wish to speak, please give your 1I/lIIIe and address for rewrd purposes and foDow up action. Your time is limiled to tJuu minutes per apei1ker. ACTION ITEMS The iImIa listed in this section of the agenda an erpected to dicit substantial discussions and deliberations by the Cowu:il, 8Iilff, or members of the general public. The iImIa wiD be C01I8idend individually by the Coundl and staff recommendations may in certain cases be presented in the al/enUltive. Those who wish to speak, please Jill out a "Request to Speak" form availJJb1e in the lobby and submit it to the City CIuk prior to the meeting. PublU: comment8 an limiled to five minutes.. 19. RESOLUTION 16414 ESTABUSHING A POUCY REGARDING ENCOURAGING LOCAL LENDER COMPUANCE wrrnnm COMMUNITY REINVESTMENT ACf (CRA) - The resolution establishes a City policy to encourage local lenders to adopt a CRA in conformance with local housing and economic development goals. Staff recommends approval of the resolution and selection of a Council liaison to the Economic Development Commission/CRA Subcommittee. (Director of Community Development) 20. RESOLUTION 16415 ACCEPTING REPORT ON nm 01Y OF CHULA VISTA UTIlITY UNDERGROUND CONVERSION PROGRAM (STATUS SUMMARY) AND APPROVING REVISED UST OF PROPOSED UTIlITY UNDERGROUND CONVERSION PROJEcrs - On 9/17/91, the City Council accepted staffs report on the Utility Underground Conversion for Fifth Avenue between "L" and Naples Streets. At the same meeting, Council directed staff to prepare a status summary report on the entire Utility Underground Conversion Program (UUCP) and specifically address the issue of undergrounding utilities in conjunction with the reconstruction of Fifth Avenue between Naples Street and Orange Avenue. Staff recommends approval of the resolution. (Director of Public Works) November 12,1991 .6- Agenda 21A REPORT ON PARKING PROHIBmON FOR nm 400 BLOCK OF "1.' STREET - On 4/17/90, the City Council approved a resolution prohibiting parking on the 400 block of "L" Street. Staff received a letter requesting that parking not be prohibited on this block. Staff recommends City Council reaffirm their position of4/17/9O and approve the resolution. (Director of Public Works) 4/Sth's vote required. U"f'rEIlS ~ PGrITI.#JS lIIor $64I/I1II 60 B. RESOLUTION 16416 APPROPRIATING $2,700 FROM GENERALFUND FOR STRIPING CHANGES BOARD AND COMMISSION RECOMMENDATIONS This is the tinu! the City Council will consider items whU:h hilve been fOlWartlJ!d to them for consideraIion by one of the City's Boards, Commissions and/or Committees. None submitted. ITEMS pUIJ.ED FROM nm CONSENT CALENDAR This is the tinu! the City Council will discuss items whU:h hilve been removed from the Consent CaJendor. Agenda items pulled at the request of the publU: will be I:l1IISidered prior to those pulled by CoundJmonbers. PublU: conII7ItIIIU are linUted to five minutes per individual. OTHER BUSINESS 22. CITY MANAGER'S REPORTCs) a. Scheduling of meetings. b. RESOLUTION 16417 SUPPORTING nm EXTENSION OF PERMITS FOR nm SAN MARCOS LANDFILL - This resolution urges various boards to permit continued operation of the San Marcos landfill. Staff recommends approval of the resolution. (City Manager) 23. MAYOR'S REPORT(s) - None 24. COUNCIL COMMENTS Councilman Malcolm: Bonita Valley Tennis Club resurfacing of right-of-way. November 12,1991 -7- Agenda ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6. Potential litigation involving Otay Municipal Water District pursuant to Government Code Section 54956.9 The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on Tuesday, November 19,1991 at 6:00 p.m. in the City Council Chambers. A Special Redevelopment Agency meeting will be held immediately following the City Council meeting. November 7, 1991 TO: FROM: SUBJECT: The Honorable Mayor and City Council John D. Goss, City Manager~ City Council Meeting of November 15, 1991 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, November 15, 1991. Comments regarding the Written Communications are as follows: Sa. IT IS RECOMMENDED THAT MR. ALBERDI'S RESIGNATION FROM THE DESIGN REVIEW BOARD BE ACCEPTED WITH REGRET AND A LETTER OF APPRECIATION BE SENT. 5b. This is a letter from Senator Wadie Deddeh endorsing the MAAC Project's application to provide alcohol recovery services at Nosotros. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND ACKNOWLEDGED. 5c. This is a letter from Mrs. Pam Wiser of 85 Oxford Street requesting a stop sign be installed on Oxford Street at First Avenue. IT IS RECOMMENDED THAT THIS LETTER BE REFERRED TO STAFF AND THE SAFETY COMMISSION FOR INPUT. 5d. IT IS REQUESTED THAT THE CLAIMS AGAINST THE CITY FILED BY VICTOR M. RUIZ, CAROL MACLEAN, LORETTA MORGAN, JAMES W. MORGAN, JOSE ARMENTA AND AMADOR CARDONA BE DENIED. JDG:mab trans trans Jose Vicente Alberdi, Jr. RECE!VED '91 NOV -5 A8 :4Q 1013 Cuyamaca Avenue ChuIa Vista, CA 91911 619/422-4453 CITY nc I...!; CITY, C', C; ,'. ,--, ,..,- 4 November 1991 Ms. Beverly Authelet Chula Vista City Clerk 276 Fourth Avenue Chula Vista, CA 92910 Dear Ms. Authelet, . I am Jose Vicente Alberdi, Jr. and I have been a Commissioner of the Chula Vista Design Review Board committee for the past three years. . For business reasons, out of state, I am forced to resign as Commissioner on November 12, 1991. . I would like to thank the City of Chula Vista for the opportunity to serve this community in which I've been a resident for the past 23 years. Sincerely, 3!:l:'. , t. -' J~S lcente Alberdi, Jr. Designer JVNjr :WRIT1~Ei!\~'COt\f\MUNiCb\TEONS V'- \\\\:l\~\ \1~\ ''''l \ 5;-/ ., (, . PLEASE REPl V TO o SACRAMENTO OFFICE COMMITTEES (ltalifomia ~tt ~tnatt @. . :'~ '~ ' -:- r",:~ .,~ .'.,' . BUDGET AND FISCAL REVIEW BUDGET SUBCOMMITTEE ON HEALTH. HUMAN SERVICES, AND LA80R. CHAIRMAN EDUCATION HEALTH AND HUMAN SERVICES REVENUE AND TAXATION. CHAIRMAN VETERANS AFFAIRS STATE CAPITOL. ROOM 3048 SACRAMENTO. C/o, 95814 (916) 44$-6767 HELEN JONES AO/oIIINI5T~ATIVE 4SSIS,.-,o,NT PLEASE REPLY TO o DISTRICT OFFICE .JOINT COMMITTEE LEGISLATIVE RETIREMENT 430 DAVIDSON STREET SUITE C CHULA VISTA. CA 91910 16191427-7080 SELECT COMMITTEE BARBARA HUNSAKER AOMINlST~UI"'E ASSISTANT STATE SENATOR WADlE P. DEDDEH PACIFIC RIM FORTIETH SENATORIAL DISTRICT CHAIRMAN SENATE COMMITTEE ON REVENUE AND TAXATION 1<; n -'r-- ";.. October 25, 1991 ! ;'~..._" R fi~' t, /"I) Ls Ilr, "l,. " " )' ,'I" -, ,;' !ii:{,' /--' I -",,-.~.....;.~ :i council NOV 4 ~~, , . ~.!; CITY-C''''U~'' ^ ~,,---1 /i , ,.0 f'.~,,, t.:;-; iCES CHUU \,<;Ti~, CA \ Chula vista city 276 4th Avenue Chula Vista, CA 91910 I would like to take this opportunity to endorse MAAC Project's application to provide alcohol recovery services at Nosotros. MAAC Project has been involved in alcohol and drug related services for two decades. In addition to providing Drinking Driver Services in the San Diego County since the law was implemented in 1978, MAAC has administered a highly successful recovery program for women since 1986 (Casa de Milagros). This agency has consistently demonstrated its ability to be sensitive to the needs of its clients as well as the community. MAAC Project has a proven track record of effectively integrating services such as job placement, housing, and training services which would also be available to residents of Nosotros. It is of great importance that the community of Chula vista have access to the special services that the MAAC Project has to offer. So once again, I would strongly urge the city Council Page 1 WRITTEN COMMUi\j~CJ.:\OM"~'h~tNS t ,>v~1\(\ c!~') 1\.\.. Tt\.\ \v~-\ ,).p.",,\ ~~~~L. 5/;../ ..... Page 2 to approve the application of the MAAC Project, for it has clearly demonstrated a unique ability to provide meaningful services to a population that all .too often does not receive the kind of attention that is required. Sincerely, ~~ ~~, ./ WADlE P. DEDDEH - WPD:lc 5b .,,:l HAWTHORNE-FIELD SERVICE 61'$l292029~ p.el Mrs. Pamela R. Wiser 8S oxford St Chula Vista, CA 91911 (619) 427-8393 October 24, 1991 City of Chula Vista Mayor and Council Office 276 4Th Ave Chula Vista, CA 91910 ATTN: Ms. Shauna Stokes Dear Ms. Stokes; I am writing to you in regards corner of First and Oxford St. not on Oxford. to having a STOP sign put on the Their is a stop sign on First but A STOP Sign is need at this intersection in the worst way. Within the last four months their has been three accidents. On an average of every other week a animal is hit and the speeding on this street is like being on a freeway. The average speed of a car is so and not only do they speed but they pass on an other as well. This STOP sign would help the speeding, and the passing of cars. I know one day if it has not already happen a child will be hit their is a.school not two block away. They distance from one intersection that has a signal light is on 3Rd and Oxford and the next STOP sign is on Hilltop and Oxford St. this is a good run for cars to speed and pass one an other. Please give me a call at home (619) 427-8393 or work (619) 974-6874 I would like to know what can be done in this area. I have take a phata of the last accident and I would be more than happy to send a copy to you. Please forward a copy of my request the Safety Commission. Sincerely; cc:: Pam Wiser ~ ~~</) WRlnEN COMMUNICATiONS L)~.,:..~ .. C?~.J./~. , ? _ ' Sc - / .~~5~' eI- ~'-'C..~~ ~ ~ COUNCIL AGENDA STATEMENT Item 5 ~ Meeting Date 11/12/91 ITEM TITLE: Claims Against the City SUBMITTED BY: Director of Personnel ~ (4/5ths Vote: Yes No~) REVIEWED BY: City Manager {;~1. kG" Claimant No.1: Mr. victor M. Ruiz c/o Alec Beyer, Esq. Law Offices of Samuel spital 1200 Third Avenue, Suite 1524 San Diego, CA 92101 Claimant No.2: Ms. Carol Maclean c/o David A. Manzi, Esq. Miller, Ewalk, Monson, Hoshaw & Schechter Attorneys at Law 501 west Broadway, suite 700 San Diego, CA 92101-3536 Claimant No. 3: Ms. Loretta Morgan c/o Marcy E. Kaye Attorney at Law 1520 State street, suite 136 San Diego, CA 92101 Claims were filed against the city on behalf of the above three claimants seeking damages within the jurisdiction of the Municipal Court. Mr. Ruiz filed his claim on October 3, 1991, Ms. Maclean filed October 11, 1991, and Ms. Morgan filed on October 28, 1991. The claims seek damages for personal injuries allegedly received while riding in a Chula vista Transit bus when it collided with a paint truck in the 200 block of J Street on August 9, 1991. city bus service was provided contractually by American Transit Cor- poration at the time of this incident. The agreement between American Tran- sit and South Coast organization Operating Transit contained a hold harmless clause and provides for indemnification. Because the City has neither juris- diction or control over transit complaints, it is the recommendation of the city's claims adjustors, Carl Warren & company, and Risk Management staff, that these claims be denied. Form A-113 (Rev. 11/79) 5 cI., I uo palHwqns pa4~ellV :lN3W0300 lV1N3WNOHIAN3 ..Ia4l0 '-, lS~1 uO~le~~J~loN -----leLd -----a~ueu~p..lO -----uo~lnLosa~ -----luawaa..l6V SlIlIIHX3 ITEM l-e:;~ MEETING DATE 1 Claimant No.4: Mr. James W. Morgan 3453 University Avenue San Diego, CA 92104 On september 27, 1991, Mr. James W. Morgan filed a Claim against the city for an amount within the jurisdiction of the Superior Court for personal injuries he allegedly received on March 29, September 11 and September 13, 1991. Mr. Morgan claimed, among other things, city employees refused to allow him to use trash barrels, slashed his tire, harassed and slandered him, and burned boats belonging to him. Due to remote liability on the part of tion of our claims adjustors, Carl Warren & that the above claims be denied. the City, it is the recommenda- Company, and Risk Management, Claimant No.5: Mr. Jose Armenta, Guardian Ad Litem for Joel Armenta c/o Ruben F. Arizmendi Attorney at Law 110 West C Street, Suite 1407 San Diego, CA 92101 On October 7, 1991, a Claim was filed on behalf of six-year old Joel Armenta by Mr. Jose Armenta, his Guardian ad Litem, seeking damages within the jurisdiction of the Superior Court. The claim alleged personal injuries were received when Joel rode his bicycle from the sidewalk into the roadway on Hilltop Drive and was struck by a motorist. Due to remote liability on the part of the City, it is the recommenda- tion of our claims adjustors, Carl Warren & Company, and Risk Management, that this claim be denied. Claimant No.6: Mr. Amador Cardona c/o Sofia L. Nietes Attorney at Law 24475 Sunnymead Boulevard, suite K Moreno Valley, CA 92388 On October 4, 1991, Mr. Amador Cardona filed a Claim against the City for an amount within the jurisdiction of the Superior Court. Mr. Cardona alleged personal injuries were received when a car in which he was a pas- senger was struck from the rear by a City vehicle operated by a Community Service Officer. The collision report notes a swarm of bees entered the roadway and obscured the vision of the Officer who failed to see the vehicle in front had slowed for another vehicle. 5 tI.. ). ITH1 MEETING DATE fJ 11112/91 Although we are continuing our investigation, it is desirable to start the statute of Limitations and it is our adjustor's recommendation, concurred in by Risk Management, that this claim be denied. RECOMMENDATION: Deny the above six claims. J 5 J.,:J a:xncn. AGENDA STATEMENT Item ~ r\'\0~ ,;;>0<< \>I ITEM TITLE: ~~dinance 2.4~ Amending Sections 19.60.020 and 19.08.030 "~0 the Chu1a vista Municipal Code t~Ma nforcement Easier :0" V ~~'rBY: Assistant city Attorney Fritsch "x.-v0' (4/5ths Vote: Yes No X ) '0 -- Meeting Date 11/3:91 /I/(~qJ of RECX:MMENDATICN: Place ordinance on first reading. BOARDS/<D!MISSIONS RECOHMENDATICN: N/A DISCOSSICN: Pursuant to Council direction, the Planning Department, Building and Housing Department, and City Attorney's Office have initiated enforcement efforts to deal with the problem of illegal signs. As a result, we have discovered a need to clarify our ordinances. We propose two amendments to the Code as follows. currently, Section 19.60.020 makes it illegal to erect an illegal sign. While this is fine, it does not go far enough. A potential enforcement problem exists because we generally don't see the sign until well after it has been in place for some time. We rarely see" a sign in the process of being erected. Therefore, we would like to change the language so as to have enforcement power against those not only who we see erecting a sign, but also those who are plainly guilty of maintaining or permitting an illegal sign. To that end, we propose the addition of the words, "maintain or permit" into the ordinance as set forth on the following page. Section 19.08.030 requires us to prosecute sign violations as misdemeanors. we would like to have the flexibility of enforcing them as infractions instead. To that end, we suggest an amendment to Section 19.08.030 to give us the option of prosecuting these offenses as either infractions or misdemeanors. Only in a truly egregious case would we want to prosecute such a violation as a misdemeanor. FISCAL IMPACr: None 9249a . . G, -, ORDINANCE No.1~t3 ~ECONO READ\NG AND AOOP.T\Oti AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 19.60.020 AND 19.08.030 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ENFORCEMENT The City Council of the City of Chula vista does ordain as follows: SECTION: I: section 19.60.020 of the Chula vista Municipal Code is hereby amended to read as follows: Installation-Requirements generally- Sign permit required when. No person except a public officer or employee in the performance of a public duty shall paste, post, paint, print, nail, tack, erect, place or otherwise fasten, ~ maintain or permit any sign, pennant, or notice of any kind, er eause tae same te se seae, facing or visible from a public street in the City except as provided herein and elsewhere in this title. To insure compliance with this section, a sign permit shall be required for any sign except as provided hereinafter: Window signs, real estate signs, subdivision signs, and residential signs, as defined in Chapter 19.04 herein. Each sign permit shall be accompanied by a filing fee as set forth in the master fee schedule. Sec. 19.60.020 SECTION II: section 19.08.030 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 19.08.030 violations-Penalties. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be lJui1ty af a miodclRCetBer aaa lillsfl eeR';iotion t.hereaf, saall se punishable pursuant to the provisions of section 1.20.010 by a fiRe af Rat mere than fi~e RUHarea sellars or la~i' ilftf)rio8lHRCR'E fer a te.rm not c:u:oeeaiREj ail[ maRtha, or by both ouch fiRe aRa ilRpric8lHflcRt. E:uoh pCrElSR, firm or corporation ahall se Eieeme.a. fJuilty af a separate stfe.RS€: fer each ana e.,;~ery day aUriREJ any paz-tieR af whioh aBY 7ielatiea af the. previoioftc af this title. is oommit~ea eE' eentinuea lay such perceR, firm er eerperatisR, ana shall lae pliRizRable as hc.re.iR prs7idcd. 1 ~'-I / " ; THIS PAGE BLANK : ~ ,;. SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by and approved as to form by Ruth ..1iJJJ,vi.~~CitY Attorney (Ord\enforce) 2 vrf ,.. "" \( PROOF OF PUBUCA liON (2015.5 C.C.P.) ST ATE OF CALIFORNIA, County of Son 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 maller, I am the principal clerk of the printer of the CHULA VISTA STAR.NEWS, a newspaper of general circulation, printed and published TWICE WEEKLY in the City of Chula Vista, and the Sauth Bay Judicial District, County of San Diego, State of California, under the dale of Aug, B, 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: 11/16 011 in the year 19......9.1. I certify (or ,declare) under penalty of perjury that the foregoing is true and correct. Doted ot ........cl:1al.a....\J.i.s.ta........................... California, this...1.6 day of ....NO.V.~........., 19......91 '''it:~~t.~........... "J This space is for the County Clerk's Filing Stomp Proof of PubOicotion of .........Q.RD..,...).~.e.L........................................... ORDINANCE NO. 2411. AN ORDINANCE OF THO! CITY OF CHULA VISTA AMENDING alOTlONS ,......... AND ,.._ OF THE CHULA VISTA IIUNICI- PAL CODE RELATlND TO ENFORCEIIENT l11e CIty CouncIl .r lho CIty of Chula \III. doN ordain u -: SECTION I: a.cUO" 18.80.G20 0' the Ot'll" Via. MUnicipal Code II Mreby amenditd to rMd ..1oItowa: Sec. 11.80.020-""~ Requl.......... gonoroJly-llIgn permit required when. No pltlOn except . pubic officer or .'!1PI~ In thit per. fonnance of . putltlc duly IhaII _. pool. pOInt. p1tnl, noli. tack. erect. ~ orolherwlM tuten, or rrialnt" or ~II any l!gn, P"I:lnanr. or ncitIcle of any kind, IIlClnQ or vlalbl8 from . public II\'Mt In the City u- _u___ eliwNhlri In Ihillftle. Toll'1l\.n compUance with 11'111 HCtIon '. IIgn pormlllhllll be roqulllld t.;; any 1Igr1 ex_t u j)rovkted h....lnlifter: Window a1g"!l~ ..Ie a1aM, IUbdIvlalon~. and r..ldentlal. .Ign., .. d.flned In Chapter 18.04 h....ln. Each _~n' plM1!IIl .haI1 be acc:om_ by. lUng ,.. .. Nt for1h In IM,mubH''' Khedul.. SECTION II: Section 19.08.030 or the Chula V.ta Municipal COde I. hereby arnendedlD read .. follow.: Sec. 18.01.030 -Yk:liaIIoM- PeMltle.. A1:r1_.llnnor__ lion. Whether .. c:::=. _om_or . Yi>>IaII~' or calMIng the ..... llan 01- oIlho ~_ 01 lhlolltlO'OhIIllbo'"-~1o .........10""'...::1.- 01 _Ion'.2lI.01d. BECTIONIII:ThIoordl_ .MII... effect IlI"Id be In full force on 1M Ihirtlelh day from and.rl........ I. P_byorid _UlDfarmby FWIhM.FrIIKh. AIIIoIon.CltyA_ CVOO788 . 1'_ :;~),',~:f} ,~ .: , . r>.OO?1\O~ ORDINANCE NO. ;?q '4'1/ ~t) F.t..p..t)\~ AN ORDINANCE OF THE CITY OF CHULA~~~r~ ADDING SECTION 8.24.045 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TRASH The city council of the city of Chula vista does ordain as follows: SECTION I: section 8.24.045 is hereby added to the Chula vista Municipal Code to read as follows: Sec. 8.24.045 Garbage and Refuse Generated Off site - Placement in City Trash Receptacles - Prohibited City trash receptacles are placed in city parks and other public areas for the use of the public to control trash, litter and garbage which is generated at the location where the trash receptacle is located. Said trash receptacles are not to be used as disposal sites for trash or rubbish which is generated off site. Therefore, it is unlawful for any person to place, dump, deposit or throwaway rubbish, trash, garbage, bottles, glass, tacks, tin cans, wire, automobile parts, food, junk or other refuse or debris of any kind or character whatsoever in city trash receptacles if such was generated at a location other than where the trash receptacle is located. SECTION II: This ordinance shall take effect and be in force on the thirtieth day from and after its adoption. nd approved as to form by Ruth sch, Assistant City Attorney (trash) "..., \D PROOF OF PUBUCA nON This space is far the County Clerk's Filing Stamp (2015.5 C.C.P.) STATE Of CALIfORNIA, County of San Diego, I am a citizen of the United Stales 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 STAR.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 Son Diego, State of California, under the date of Aug. B, 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: Proof of Pubiication of ......Q.r..Q.,....g.~.~.L.............................................. 11/16 ORDlNANCENO.Z414 ".................. AN ORDINANCE OF THE CITY OF CHULA V18TA AD- DING ~ 1.2...... OF 11lE CHULA VISTA MUIHCl- PAL COOl. RELATINOTa TRASH The CllY Councll ., ... Clly or Chull. V.ta doH ordIlIn .. followo: SECTION I: Section 8.24.045 II ~ added 10 Ihe Chula Villa MUnicipal Code to N-.:t..faflowl;: Soc. 8.2<4.0415 G_ _ RefuH Generated Off SIIe - Placement In City Truh Re- _lad.. - Prohlbltod. City truh receptac::IM we p_InCllyparkoand_ pUblIc ...... fOr the UN of the public 10 control truh,ltI8r and ._ Which 10 _.... ..' h Icicdon wh....ttt. n.h,.. _oll_.__h _lad.. ore not to be uood u dllDO&ll 11_ far IrUh or rubbllh Which 10 __ GO .Ita. Therefor., It II unlaWful far =r;on..:r=..':c~ 'Uh, _. ,_, IaCka. 11" can. wire, aufi:mo.: bill _, iiiOCI, Junk qr ...., reru.. or debrtI 01 any kind or char8lCllW whatIoeYer In CIty IrUh~"~wu ........... .. . _ ....r ... whet. the truh ~- ell IIlocatod. SECTION II: ThI< ordlnanco Ih8II lalce effect and be In full _ on ... thIrIIolh day 110m . and., Ita aptian. PMHnllld by and 00lII0Y0d .. .. form 1>\1 RlithM.FrItech, .IIloIanIClly Altornoy CV 00788 . '....' all in the year 19.....51.1.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Doted at .......~.~.y.l!!....Y..!..H.!!............................ California, this..l.6. dayaf ...N.Qy............, 19.....91 ....a~~....~r.Y.~............ ,-I,. ,',\ COUNCIL AGENDA STATEMENT )\\o~ r:J! ITEM TITLE: ~ ~dinance ;l~i1. ,0. ~ through truck routes <:)Cj" c:;:'>-> Resolution 11,,40 \ Appropriating $1,000 from General Fund ,~O ' for truck route signs CP' ,JI S~ SUBMITTED BY: !li~ector of Public Work~ REVIEWED BY: City ManagerC,tib (4/Sths Vote: Yes..,LNo_> Item ~ ~ Meeting Date.Jlt5,Ca1 I' \ I~ ,~, Amending Ordinance '1966 relating to There have been several changes to the City's circulation system since the existing truck routes were. established in 1975 and amended in 1982. Review of existing truck routes by staff show a revision of the present routes is necessary to complement the changes and expansion of the City of Chu1a Vista. Revisions to Chu1a Vista Municipal Code sections 10.64.010 and 10.64.040 are also needed. RECotttENDATION: Place this ordinance on first reading adopting additional truck routes within the City limits and amend the Chu1a Vista Municipal Code Sections 10.64.010 and 10.64.040. . . Approve the Resolution appropriating $1,000 from the General Fund for Truck Route signs. DISCUSSION: Sections 35700, 35701 and 35703 of the California Vehicle Code do allow any city to prohibit the use of a street by any commercial vehicle or any vehicle exceeding a maximum gross weight limit, such as 10,000 pounds, except with respect to vehicles used for the collection and transportation of garbage, rubbish or refuse. However, the truck route provisions cannot prohibit commercial vehicles from using a restricted street when necessary for the purpose of serving buildings or structures located on the restricted street. Truck routes are used to designate which streets commercial vehicles can use when transporting goods within the City. The movement of all goods on vehicles exceeding 10,000 pounds shall be confined to designated truck routes. Staff has put together a plat which illustrates the types of vehicles which fall into the following three categories: 1. Vehicles less than 6,000 1bs. gross vehicle weight. These vehicles are passenger cars, vans, pickups and motorcycles. 2. Vehicles greater than 6,000 1bs. and less than 10,000 1bs gross vehicle weight. These vehicles are light duty trucks, vans and trucks towing utility trailers. Most of these vehicles are based on pickup truck or van chassis and wou1d'not be of the tractor trailer type. The overall vehicle length is comparable to a large passenger car. 1 , ";4 " ~Cjs-\ Page 2, Item I' Meeting Date 11/5/91 3. Vehicles greater than 10,000 lbs. gross vehicle weight. Vehicles in this category are tractor trailer trucks with one or two (tandem) trailers and large single-unit (no trailer) trucks, such as a two axle moving/delivery truck. These types of commercial vehicles require a class I drivers license. It is these vehicles which will be restricted to the truck routes, due to their weight and overall length. The Circulation Element and Chula Vista Street Network have changed since the existing truck routes were last amended on January 12, 1982. These changes include the addition of more ramps to and from 1-5 freeway, I-80S freeway, SR-54, the annexation of Montgomery area from the County of San Diego and the construction of various streets and avenues throughout the City. The purpose of this report is to make additions to the existing truck route system in view of the changes in the street network. Chapter 10.64 of the Chula Vista Municipal Code pertains to truck routes within the City limits. Changes to the Municipal Code are also needed to clarify sections 10.64.010 and 10.64.040. Revisions to section 10.64.010 will be to establish truck routes by ordinance as required by the Vehicle Code instead of by resolution. The revision to 10.64.040 will be to delete the reference to resolution while retaining the reference to establishing by ordinance. There. is also a discrepancy with the gross weight. Section 10.64.040 will be changed from 6,000 to 10,000 pounds (see attached). The proposed increase in weight to 10,000 pounds will not have a detrimental effect on the pavement and on noise. Since light duty trucks are based on heavy duty pickup or van chassis, the noise generated by these vehicles will be the same as a pickup or van. This change is necessary to prohibit only heavy duty trucks from using: alternate routes throughout the City. In addition, the truck routes will provide guidance to the operators of these large vehicles as they travel through the Montgomery area and eastern portion of the City where most of the proposed truck routes are needed. The following are existing truck routes. IAIIE OF STREET BAY BOULEVARD BON IT A ROAD BROADWAY "E" STREET FOURTH AVENUE "H" STREET INDUSTRIAL BLVD. "J' STREET "L" STREET OTAY LAKES ROAD TELEGRAPH CANYON ROAD THIRD AVENUE TRUCK ROUTES CIULA VISTA MUNICIPAL CODE to.64 IEGr..'IG AT ElDriC AT 10RTH CITY LIIIIT "E" STREET WILLOW STREET NORTH CITY LIIIIT lAY lOULEVARD NORTH CITY LIIIIT lAY lOULEVAlD "L" STREET TIDELANDS AVENUE lAY lOULEVAlD WITHIN CITY LIIIITS "L" STREET "H" STREET SOUTH CITY LIIIIT INTERSTATE 805 OTAY LAKES ROAD SOUTH CITY LIIIIT 10NITA ROAD SOUTH CITY LIIIIT IITERSTATE 805 SOUTH CITY LIIIIT BROADWAY TELEGRAPH CANYON ROAD OTAY LAKES ROAD "L" STREET : "'fll.. <6'-;1., Page 3, Item I 7 Meeting Date 11/5/91 The revised schedule is: 10.64.040 I-I W.E 'Rut[ ROUTEI (REVISED) SChedule VII IAIIE OF STREET ElDriC AT .Eel...I' AT lAY lOULEVARD IEYER WAY IROADWAY EAITLAKE PARKWAY FOURTH AVENUE INDUSTRIAL lOULEVARD IIARINA PARKWAY IIAXWELL ROAD OTAY LAKES ROAD THIRD AVENUE lOUTH CITY LIIIITS FOURTH AVENUE lOUTH CITY LIIIIT IIILLER DRIVE SOUTH CITY LIIIIT IIAIN STREET lAY lOULEVARD -1I0RTH ENDH E ITREET IIAIN ITREET 10RTH CITT LIIIIT OTAT LAKES ROAD NORTH CITY LIIIIT L ITREET G STREET OTAY VALLEY ROAD WITHIN CITY LIIIITS H STREET IIA1N STREET ANnA STREET 10Nn A ROAD C STREET E STREET F STREET H STREET EAST H STREET J ITREET L STREET EAST L STREET EAST FRONTAGE ROAD E ITREET/E. FLOWER IT. BRoADWAT lAY 10ULEVARD BAY lOULEVARD lAY BOULEVARD HILLTOP DRIVE lAY 10ULEVARD lAY 10ULEVARD HILLTOP DRIVE IROADWAY EAST cny ~llIn FOURTH AVENUE 10Nn A ROAD IROADWAY M1LLTOP DRIVE oTAY LAKES ROAD IROADWAY HILLTOP DRIVE TELEGRAPH CANYON ROAD/NACION AVENUE oTAT VALLEY ROAD EAST CITY LIIIITS THIRD AVENUE OTAY LAKES ROAD IIAIN STREET oTAY VALLEY ROAD PALOIIAR STREET TELEGRAPH CANYON ROAD INTERSTATE 5 IIAIN STREET lAY 10ULEVARD EAST L STREET/NACION AVENUE Consideration was given in establishing the truck routes to the impact/effect of truck noise and attendant air pollution on the above streets. The truck routes were chosen so that there is minimal impact on residential areas. Most of the routes serve the industrial area of Chula Vista and are logical choices for truck use (see attached). Establishing these streets as truck routes may reduce truck use in the central area of Chula Vista, especially on residential streets. East H Street has been extended east of I-80S to serve the easterly part of the City. In addition, truck routes will be established on Main Street, Palomar Street, Beyer Way, and Anita Street to serve the commercial activities in the Montgomery area. These are also good connectors for trucks to and from 1-5 freeway and I-80S freeway. Chapter 10.64 (formerly Article 13 of Chapter 19) of the City Code prohibits vehicles in excess of 6,000 pounds (to be changed to 10,000 pounds) from being operated on other than truck routes. Per the California Vehicle Code, the r\~ '"'IE-!>> Page 4, Item )1 Meeting Date 11/5/91 10,000 pound restriction will apply to all commercial vehicles except those exempted such as buses, governmental fire service vehicles, public util ity vehicles and trash trucks. However, this section also permits truck use of any City street if it is necessary to use such a street to deliver or pick up merchandise or engage in any construction activities on private property, bUildings, etc. Therefore, the recommended truck routes are intended only to guide trucks through the City streets and do not automatically prohibit trucks from using any other City street not included on the list. .As the City continues to develop, the street network will change. Periodic review of the truck routes could result in further changes. The use of 1-5, I-80S and Route 54 freeways could reduce truck use on parallel City streets. Further changes will be recommended if and when necessary. Funds for the Truck Route signs need to be appropriated from the General Fund to account 100-1432-5346. The cost for 30 signs is $1,000. FISCAL IMPACT: $1,000 for 30 signs. WPC 5731E MA/FR:CY-002 Attachments: Existing/Proposed truck routes GVW for various vehicles Schedule VII Existing Truck Routes Ordinance No. 1966 Code Sections 10.64.010 & 10.64.040 (existing & proposed) ~ 8-t.t ( nua: IICllITEI CIULA "IITl _ICI'AL CIDE tI.64: IlAIII: OF .'I~IE'T _11...1. AT InDII. aT IA T IClULIYAID IOIITA lOAD IOITI CITT LIIIT -I" ITIEET "ILLOI/ ITlEET IDlT. CITT LIIIT IAT IClULIVAlD IDlTI CITT LIIIT lAY IClULIVAlD -L" ITIEET TIDELAIDI AVEIUI IAT IClULEVAID IIITIII CITT LIIITI -L" ITIEET -I" ITIEET IOUTI CITT LIIIT IITlllTATI IDS OTAT LAlCEI lOAD IOUTI CITT LIIIT 101 IT A lOAD IOUTI CITT LIIIT IITIIlTATI ID5 IClUTI CITT LIIIT llOADIIAY TILI.IA'I CAlTOI lOAD llOADIlAT -I" ITIIET 'OUITI AVEIUI -I" ITIEET IIDUITI.AL ILVD. -~. ITlEET -L- ITlEET OTA T UUI lOAD TELI.IA'I CAITOI lOAD TI.ID AVEIUI OTAT UUI lOAD -L - ITlIET The revised schedule is: tD.64 .D4D ( - ,( - nua: IICllITEI CIIVI_) ......1. "II 1'1 _All! G, ITIIE'E'T .EII..rIC aT Enlle aT lAY lOULIYAID I ITIIET IClUTI CITT LIIITI IETII IIAT IIAII ITIIET 'OUIT I AVEIUI .IOADIIA T 10lTI CITT LIIIT lOUT I CITT LIIIT IAITLAKE 'AI[l/AT OTA T UKEI lOAD IILLII DllVE fOUITI AVEMUE, 10lTI CITT LIIIT IClUTI CITT LIIIT IIDUITIIAL .OULIVAID L ITIEET IIA II ITlIET - IAIlIA 'AI[l/AT I ITIIET lAY IClULIVAID IlAXIIILL lOAD OTAT YALLIT lOAD -'DlTI lID" OTA T UltEI lOAD "ITIII CITT LII.TI TIIID lVEIUI I ITIIET IAII ITlIET . IIITA ITIEIT IAIT 'IOITAII lOAD .IOADIIAT IOIITA lOAD I ITIIIT/I. 'LOIIII IT. IAIT CITT L111T C ITlIET llOADIlAT 'OUITI lVEIUI 1 ITlIET IAT IClULIVAlD IOIITI lOAD " ITlIET IAT IClULIVAID UOADIlAT I 'ITlIET I IAT IClULIVAlD IILUOP HIVE IAIT I ITlIIT IILUOP DIlVE GriT LADIIOAD ~ ITlIIT IA T IClULIVAID UOADIIA T L ITlIIT IAT IClULIVAID IILLTOP DI.VE IAIT L ITlIIT IILLTOP DIlVE TELI.IA'I CAlTOI lOADllACIOI lVEIUI IIAII ITlIIT . IITlllTATI J OTAT YALLIT lOAD OTAT VALLIT lOAD IA.I ITIIIT IAIT CITT LIIITI PALOIAI ITIIIT IAT IClULIVAID ,UIID lVEIUI TILI.IA'I CAlTOI lOAD IAIT L ITIIIT/lACIOI lVEIUI OTA T LAIC" lOAD ~ ~/'J Ci-, 11-1 . . ca-8 ",----.-'" THIS PAGE BLANK - ~ . -.<..'>,-.... AN ORDINANCE OF THE CITY AMENDING SECTIONS 10.64.010 THE CHULA VISTA MUNICIPAL THROUGH TRUCK ROUTES ~Q ORDINANCE NO. ~ J/~ ,;J.. ?-t}.Q\~G ~O~O CHULA VISTA 10.64.040 OF RELATING TO ~fj:J("i\O~ OF AND CODE WHEREAS, there have been several changes to the City's circulation system since the existing truck routes were established in 1975 and amended in 1982; and WHEREAS, review of existing truck routes by staff show a revision of the present routes is necessary to complement the changes and expansion of the City of Chula vista. The City Council of the City of Chula vista does hereby ordain as follows: SECTION I: That sections 10.64.010 and 10.64.040 are hereby amended to read as follows: Sec. 10.64.010 Compliance required when. Whenever the city council establishes by E'eselu'Eiefl ordinance, and when signs have been erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of ten thousand pounds at any time, except upon the streets or parts of streets described in section 10.64.040 and Schedule VII attached to and made a part of this chapter. Sec. 10.64.040 Load restrictions upon vehicles using certain streets-Schedule VII. In accordance with sections 10.64.010 through 10.64.030, pursuant to E'eselu'Eiefl eE' ordinance of the city council, and when appropriate "Truck Route" signs are erected giving notice thereof, the movement' of all motor vehicles having a maximum gross weight in excess of ~ ten thousand pounds will be confined to the following streets: Name of street .'. Beginning at Ending at (See attached Truck Routes (Revised) Schedule VII) [Editor's Note: The substantive acts of the council pertaining to Schedule VII and truck routes, undertaken by ordinance, as required by the Vehicle Code of the State of California, are maintained in the Office of the t( V"CI ~.." ~ \~{ opY~ / COUNCIL AGENDA STATEMENT Item~ 'l Meeting Date..Jn,,;~ Ill' "'Iq, Public Hearing: PCM-92-08, City-initiated proposal to amend the Growth Management Implementation Ordinance (No. 2448); the Growth Ma~~ment Program; and the Threshold Standards Policy {<" a) Ordil\\0~e ~lj8(, Amending Section 19.09.040 I and K of Ch~ter 19.09 of the Chula Vista Zoning Code ~~ . ~"Resolution 11,,1{C>':l.. Amending Sections 3.12 and 3.2 of the ~~ City's Growth Management Program "",<::> ,:;~cp\ c) ITEM TITLE: SUBMITTID BY: REVIEWED BY: Resolution 1l-1Ib3 Amending the Traffic Threshold Standard and the Economics Threshold Standard of the City's Threshold Standards Policy Director of Planning~~ City Manager"!L jl:- A-" (4/Sths Vote: Yes___No-X-) This item includes amendments to the Growth Management Implementation Ordinance, the Growth Management Program, and the Threshold Standards Policy as recommended by the Growth Management Oversight. Commission in its 1990 report. These amendments would change the Traffic Threshold Standard from the Intersection Capacity Util ization (ICU) method to the 1985 Highway Capacity Manual (HCM) method and change the focus of the Economics Threshold Standard to fiscal matters, including an annual review of the development impact fee programs. The amendments were reviewed by the Planning Commission and Montgomery Planning Committee at a joint workshop with the GMOC on July 10, 1991. The City Council held a joint workshop with the GMOC to discuss the proposed amendments on July 25, 1991 and August 22, 1991. The Planning Commission held a public hearing on the amendments on October 9, 1991. RECOMMENDATION: That Council: 1. Find that the proposed amendments are categorically exempt from environmental review under Class 5 of the CEQA Guidelines. 2. Adopt the proposed amendment to the Growth Management Implementation Ordinance contained in Exhibit "A". 3. Adopt the proposed amendment to the Growth Management Program contained in Exhibit "B". 4. Adopt the proposed amendment to the Threshold Standards Policy contained in Exhibit .C.. ~ - \ ~ Page 2. Item I ~ Meeting Date 11/5/91 BOARDS/ClM4ISSIONS REClM4ENDATION: The Planning Commission, Montgomery Planning Committee, and Growth Management Oversight Commission recommended approval of the proposed amendments as part of their review of the 1990 GMOC report on July 10, 1991. In addition. the Planning Commission held a public hearing on the proposed amendments on October 9, 1991, and voted 5-0 to recommend approval of the amendments. DISCUSSION: A. Traffic Threshold Standard Amendment During the review of the 1989 Traffic Monitoring Program prepared for the GMOC, the City Council requested that the GMOC further examine the advantages and disadvantages of the Intersection Capacity Utilization (ICU) method as compared to the 1985 Highway Capacity Manual (HCM) method of measuring traffic congestion. The GMOC review of these different methods revealed that the 1985 Highway Capacity Manual (HCM) method of measuring traffic congestion is less theoretical and more empirically based than the Intersection Capacity Utilization (ICU) method. It was also noted that SANDAG will be using the 1985 HCM method for regional transportation planning studies in conjunction with the Regional Growth Management Quality of Life Standards and the Congestion Management Program. The 1985 HCM method completely redefines Level of Service (LOS) as a' function of vehicle 'Stopped Time Delay'. In addition, the new method provides for the direct calculation of delays based upon volume, saturation flow rate, lost time, cycle length, phase time, progression, and volume/capaCity ratio. Through the use of personal computers, the equation is a very easy and efficient way to analyze intersections. It must be noted, however, that the two methods (ICU and HCM) are fundamentally different and levels of service cannot be compared, despite the fact that both methods use the same nomenclature, i.e., A, 8, C, D, E, and F to illustrate levels of service. A LOS 'C. using ICU is not the same as LOS .C" using HCM. However, the new method is better because: Stopped Time Delay methOdology provides the best available tool for analyzing signalized intersections and can be easily. used for both planning and operational analysis. Other methodologies define Level of Service by inconsistent criteria which cannot be correlated with the delay definition. Software is presently available to allow quick and easy application of the delay methOdology. All future GMOC Traffic Monitoring Studies and Traffic Impact Study Reports will utilize the HCM delay methodology for calculating intersection levels of service and circulation system performance. The GMOC will continue to lllonitor the use of this new technique during the annual Threshold Standard review. ~?. ~..2. ~ Page 3, Item_'1' Meeting Date 11/5/91 B. Fiscal/Economic Threshold Standard Amendment The 1990 GMOC Report noted that the economic threshold standard needed to be clarified with respect to the Council's expectation. The GMOC has been uncomfortable with its role in reviewing the economic threshold for the last three years due to the lack of focus in its review. Economics is such a broad subject that it is difficult for the GMOC to devote the required time and energy to reviewing the state of the City's economic health. The other difficulty is that a large part of economic change is not related to new development which is the primary focus of the GMOC. Economic change is largely affected by. factors such as monetary policy, corporate decisions, market conditions and so on. The Council recognized the need to make a change in GMOC's assignment and directed the Fiscal/Economic Threshold Standard be revised to transfer economics from the GMOC review to the newly created Economic Development Commission. GMOC will continue to review the fiscal impacts of growth and monitor the development impact fee program. C. Conclusion Several factors support the proposed amendment to the Traffic Threshold Standard described above: The Department of Public Works has studied the change in the Traffic Threshold Standard and recommended approval to the GMOC. The HCM method is a more up-to-date technique for measuring traffic congestion as evidenced by the endorsement of the Transportation Research Board, National Research Council. SANDAG is using the HCM method for regional transportation planning studies. With respect to the change to the Fiscal/Economic Threshold Standard, the following factors support the proposed amendment: The economic condition of the City is not so much related to new development as to broader regional, state and national factors; therefore, the Growth Management Oversight Commission has had. difficulty assessing the economic component of the threshold standard based solely on new growth. The creation of the Economic Development Commission provides a ideal forum for addressing the economic condition of the City. The recommended changes to the Traffic and Economics Threshold Standards involve amendments to the three separate policy documents as described in the recommendation and attached to this report as Exhibits "A" (Growth Management Implementation Ordinance), Exhibit "B" (Growth Management Program) and Exhibit "C" (Threshold Standards Policy). : FISCAL IMPACT: None. WPC 9920P \". . ~ q-! THIS PAGE BIANK . ~ 'l.,,\ _.~ "._01\.: . ORDINANCE NO. ~COJVD Ii CIJDIJVG AN ORDINANCE AMENDING SECTION 19.09.040 OF THE CHULA VI~i;p IJDO ZONING CODE BY CHANGING THE TRAFFIC THRESHOLD STANDARD TO 'P.,.~ THE 1985 HIGHWAY CAPACITY MANUAL (HCM) METHOD AND DELETING OJV ECONOMICS FROM THE ECONOMICS THRESHOLD STANDARD. The City Council of the City of Chula Vista, California does ordain as follows: SECTION I. Section 19.09.040 of the Chula Vista Zoning Code is amended as follows: 19.09.040 Quality of Life Threshold Standards In order to provide that public' facilities and services, government and other utility services, and improvements are adequate to meet present and future needs of the City, the City Council hereby adopts Quality of Life Threshold Standards for each facility or improvement listed below. A. Police. 1. Emergency Response: Properly equipped and staffed police units shall respond to 84 percent of "Priority One" emergency calls within 7 minutes and maintain an average response time to all "Priority One" emergency calls of 4.5 minutes or less. 2. Respond to 62 percent of "Priority Two Urgent" calls within 7' minutes and maintain an average response time to all "Priority Two" calls of 7 minutes or less. B. Fire and Emergency Medical. 1. Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven(7} minutes in 85 percent (current service to be verified of the cases) (measured annually). C. School s. The City shall annually provide the two local school districts with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The Districts' replies should address the following: 1. Amount of current capacity now used or committed. 2. Ability to absorb forecast growth in affected facilities. 3. Evaluation of funding and site availability for projected new facilities. . -1- ~ 'l., 4. Other relevant information the District(s) desire(s) to communicate to the City and GMOC. The growth forecast and school district response letters shall be provided to the GHOC for inclusion in its review. D. Libraries. Population ratio: 500 square feet (gross) of adequately equipped and staffed li~rary facility per 1,000 population. E. Parks and Recreation Areas. Population ratio: Three (3) acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of 1-805. F. _Water. 1. Developer will request and deliver to the City a service availability letter from the Water District for each project. 2. The City shall annually provide the San Diego County Water Authority, the Sweetwater Authority, and the Otay Municipal Water district with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The Districts' replies should address the following: a. Water avail abil ity to the City and Planning Area, considering.. both short and long term perspectives.. b. Amount of current capacity, inclUding storage capacity, now used or committed. c. Ability of affected facilities to absorb forecast growth. d. Evaluation of funding and site availability for projected new facil ities. e. Other relevant information the District(s) desire(s) to communicate the City and GHOC. G. Sewer. 1. Sewage flows and volumes shall not exceed City Engineering Standards as set forth in the Subdivision Manual adopted by City Council Resolution Number 11175 on 2/12/83 as lIay be amended from time to time. 2. The City shall annually provide the San Diego Metropolitan Sewer Authority with i 12-18 1I0nth development forecast and request confirmation that the projection is within the City's purchased capacity rights and an evaluation of their ability to accommodate the forecast and continuing growth, or the City Engineering Department staff sball gather the necessary data. -2- ~ c{-(" The information provided to the GMOC shall include the following: a. Amount of current capaci~ now used or committed. b. Ability of affected facilities to absorb forecast growth. c. Evaluation of funding and site availability for projected new facil ities. d. .Other relevant information. The growth forecase and Authority response letters shall be provided to the GMOC for inclusion in its review. H. Orainage. 1. Storm water flows and volumes shall not exceed City Engineering Standards as set forth in the SubdivisiQn Manual adopted by City Council Resol ution Number 11175 on 2/23/83 as may be amended from time to time. 2. The GMOC shall annually review the performance of the City's storm drain system to determine its ability to meet tbe goals and objectives above. . . 1. Traffic. 1. City-wi de: 71'o_1/V.;y(Y I IvY I f$tIrNYrIrI 1/fI'IHI'N 1M/I ~"I If.fof.###H#./' , "'f.iI'!/~#1 MMJ./ frIrt I'!V'! I pt/ WlN'I'/ NYW 1'/.1'0_1 #;t.#!j.jJN MW /I/W /?~? ~~'I I Att/Jtl /W l;r"~fYrt.rtrl1 It#f###"ltN 11*1 It 1'#tfp~1 N4./ Nt I;'ir/;;~ I,. f.,4~11 Ipf I 1'1'1'11 It/r/Wi I IPW I if#/ II INIIf/rN!#'/11W /I.####/./JN I/.Y.~ll /Jt#~'#1 #./ M$' I'NY Ipt/ '''1 /iN frI;;;I/;;~/fpfl nw ~ N;~~;y Ip~~y.. Y./J)1fl Maintain LOS "C" or better as measured by observed averaae trayel sDeed on all sianalized arterial seaments exceDt that durina Deak hours a LOS of "0" can occur for no more then two hQurs of the ll!.. 2. West of I-80S: Those signalized intersections which do not meet 1';;~~;;~/~~ the standard above, may continue to operate at their )'~II~~;~lllpfIIJ_tYf~; current (year 19911 LOS, but shall not worsen. 3. Notes to 7f~fflt Standards: L. Arterial seament LOS measurements shall be for the average weekday peak hour, excluding seasonal and special circumstance variations. 'PI 7Y.~II;#;'/.t_;._p'/.l l'If I Nrn I NrIM I frIrt I JIIII nw f)f.'N 11.Jf.f.~f##lpf. "##If.'11II~f.lllt~f.I/Jf.1/I/t~lt)11~f.I/Jf.III#llltlf.glllf.Y.~III"If.'I!t. ;)1'PlI/.Y.~;,//~~#gf.1 1'4~f.;,~f;,/.1 l,plIt'll 1_;'PPf.~~1 1'P'III"If.'11 l"p)1#17 '#/./Jl#//Jf.1 tWrJI'tIrt'( I #JAW I;;.I/WMM I MlI~;.'I I Iv; I ~ Iffp~ f./~Hf.;,If./~1 . -3- "....q. '1.1 L. Urban and suburban arterials are defined as surface hi9hways haYina sianal soacina of less than 2 miles with averaae weekday traffic volumes areater than 10.000 vehicles Der day. , ~ Arterial seaments are stratified into three classifications: ill ill ill ~- .../ Class I arterials are road ways where free flow traffic soeeds ranae between 35 moh and 45 moh and the number of sianalized intersections oer mile is less than four. There is no oarkina and there is aenerally no access to abuttina DrODertv. . Class II arterials are roadways where free flow traffic soeeds ranae between 30 moh and 35 moho the number of sianalized tntersections Der mile ranae between four and eieht. there is some oarkina and access to abuttina Dronerties is limited. Class III arterials are roadwavs where free flow traffic soeeds ranae between 25 moh to 35 moh and the number of sianalized intersections oer mile are closely soaced. There is substantial Darkina and access to abutting Drooerty is unrestricted. il... 1.1 The lli measurement of IIW II Mil 11"10'#'1#1.'/.11"/.11/ /9f 1 1 tIotll arterial seaments and freeway ramps shall be a growth management consideration in situations where proposed developments have a significant impact at interchanges. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards. Jhe criteria for calculatina arterial LOS an~ definina arterial lenaths and classifications shall follow the orocedures detailed in Chaoter 11 of the 1985 Highway Caoacitv Manual (HCM) and shall be confirmed by the City Traffic Enaineer. Durina the conduct of future Traffic Monitorina Proaram field surveys. intersections exoeriencina sianificant delays will be identified. The information Generated by the field surveys will be used to determine oossible sianal timina chanaes. aeometric and/or traffic Goerattonal 1mDrovements for the Durnose of reducinG intersection delay. L. _I L. a.. ... h.. Level of Service values for arterial seaments shall be based on the followinG table: , -4- ~~-i' Table 1 Ll!!vel of Service Averaae Travel SDeed (moh) [1 ass 1 Class 2 Class 3 A i .t D .E I ~ .us '-ll .uz .u1 s..ll ~ U! .u.ll .u! UQ ~ ~ Lli U1 .L.i L1. ~ Source: Hiahwav Caoacitv Manual. Soecial Reoort 209. Transoortation Research Board. National Research Council. Washinaton. D.C.. 1985. J. Air Quality. The City shall annually provide the San Diego Air Pollution Control District with a 12 to 18 month development forecast and request an eva1 uation of its impact on current and future air quality management programs, along with recent air quality data. The growth forecast and APCD response letters shall be provided to the GMOC for inclusion in its review. K. 1l-P'lapNf.I. Fiscal 1. The GMOC shall be provided with an annual fiscal impact report which provides an evaluation of the impacts of growth on the City, both in, terms of operations an capital improvements. This report should evaluate actual growth over the previous 12-month period, as well as projected growth over the next 12 - 18 month period, and 14J H year period. 2. The GMOC shall be provided with an annual "#/J'Ia/J;4.# /;,;;.f't;ff;.rJ develooment imoact fee report," which provides an analysis of ~~P'laP~/~//P~1;lpp~;'Ia~//~~~/1/~i//~'lap//I'laplt~~pt~ deve100ment imoact fees collected and exoended over the 'Ia~~~ previous 12-month periodl.'//IW/tNVV/;.i/ptpA;tt;_/N'MW#NrI/W~/'Ia~#/WHm//~'Ia~Y. p;tlpp'/~'lap/14I/J/#~t/p;tlppl L. Amendments and Supplemental Thresholds. The standards may be amended from time to time on approval by the City Council. The Growth Management Commission,follOwing its annual review of the program, may make suggestion,s on proposed recommendations to the City Council. Further, City Council may supplement each Threshold Standard and adopt procedures for its implementation through its Growth Management Program and Facility Master Plans. -5- ~<{ SECTION II. This ordinance shall be in full force and effect on the 30th day after the final adoption hereof by the City Council on the affirmative vote of three of its members. Presented by Robert Leiter Director of Planning PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this day of , 1991, by the following vote: AVES: NOES: ABSENT: ABSTAIN: Council members: Council members: Council members: Council members: Tim Nader Mayor ATTEST: I Beverly A. Authelet, City Clerk WPC 9900P ~ q "ID -6- ORDINANCE NO. 211 t(pSECOND READING AND ADo PTION AN ORDINANCE AMENDING SECTION 19.09.040 OF THE CHULA VISTA ZONING CODE BY CHANGING THE TRAFFIC THRESHOLD STANDARD TO THE 1985 HIGHWAY CAPACITY MANUAL (HCM) METHOD AND DELETING ECONOMICS FROM THE ECONOMICS THRESHOLD STANDARD. The Ci ty Council of the Ci ty of Chula Vi sta, Cal i forni a does ordai n as follows: SECTION I. Section 19.09.040 of the Chula Vista Zonin9 Code is amended as follows: 19.09.040 Quality of Life Threshold Standards In order to provide that public facilities and services, government and other util ity services, and improvements are adequate to meet present and future needs of the City, the City Council hereby adopts Quality of Life Threshold Standards for each facility or improvement listed below. A. Police. 1. Emergency Response: Properly equipped and staffed police units shall respond to 84 percent of "Priority One" emergency call s within 7 minutes and maintain an average response time to all "Priority One" emergency calls of 4.5 minutes or less. 2. Respond to 62 percent of "Priority Two Urgent" calls within 7 minutes and maintain an average response time to all "Priority Two" calls of 7 minutes or less. B. Fire and Emergency Medical. 1. Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within seven (7) minutes in 85 percent (current service to be verified of the cases) (measured annually). C. Schools. 1 , The City shall annually provide the two local school districts with a 12 to 18 month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The Districts' replies should address the following: 1. Amount of current capacity now used or committed. 2. Ability to absorb forecast growth in affected facilities. 3. Evaluation of funding and site availability for projected new facil ities. '1-1/ -1- '}' COUNCIL AGENDA STATEMENT Item Number Meeting Date 1(/ IJh~Jf-l , , SUBMIT lED BY: Resolution . '/ftoving the Renewal of a Three Party Agreement for Otay Ranch Development Processing between the City of Chula Vista, Robert Bein, William Frost and Associates and Baldwin Vista Associates, L.P. and Authorizing the Mayor to Execute Said Agreement General Manage~y Ranch Project Deputy City Manager ~ f? City Manager ~~{ Is. (4/5ths Vote: Yes_No X) ITEM TITIE: VIA: REVIEWED BY: The City of Chula Vista is the agency designated to approve consulting contracts for the Otay Ranch. Additional work is being requested of Robert Bein, William Frost and Associates (RBF) over and above the original scope-of-work. The Agreement has been reviewed by all parties and is acceptable to RBF, Baldwin and the City. The County is supportive of the scope of services to be undertaken. RECOMMENDATION: Adopt a resolution modifying the existing Agreement with RBF to include this additional scope-of-work and authorizing the Mayor to sign the attached Agreement. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: RBF has been under contract with the City of Chula Vista to provide planning services for the Otay Ranch since August 1989. First and second modifications to the Agreement were authorized by Council in February 1990, a third modification was approved in November 1990 and a fourth modification was approved in April 1991. This modification is presented to the City Council after the previous modification expired because it was originally thought that a renewal of the Contract was not necessary due to no explicit expiration date stated therein. However, because the scope-of-work is tied to the Contract and the scope was through June 1991, an extension is required. This Agreement provides for the fifth modification to the scope-of-work. The contracts and work program have been dynamic. They reflect the direction of the Interjurisdictional Task Force within the context of the overall work program and framework for the Otay Ranch 1/)-1 Page 2, Item No. Meeting Date JI) Il/I ~"II processing of a General Plan Amendment and General Development Plan by Chula Vista and San Diego County. The scope-of-work calls for preparation of portions of the General Development Plan/ Community Plan, continued work on issue papers, providing assistance to the Project Team and the Executive Staff Committee, attendance at public meetings as requested, providing input and review of Implementation Plans and any other plan documents, environmental input and coordination assistance and preparation of the General Plan Amendment Report. The scope-of-work also provides for all the support work necessary for presentations to the Citizen and Technical Committees plus outside groups which are interested in the project. As part of this Three Party Agreement, an Otay Ranch trust fund is established. The trust fund is designed to receive deposits and security from the Applicant and to disburse assets of fund. The City's exposure to pay on this Agreement is limited to the assets in this fund. The Agreement also outlines payment schedules and security since Baldwin has requested a payment plan that limits their monthly expenditure through the end of 1991. RBF & Associates has agreed to that plan. FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista because the Baldwin Company will be funding this continuing scope-of~work. Attachment SR:\RBFA113.AJL J(J..~ , ,/) ,} 'J RESOLUTION NO. liJlJ/) ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND THREE PARTY AGREEMENT FOR OTAY RANCH DEVELOPMENT PROCESSING BETWEEN THE CITY OF CHULA VISTA, ROBERT BEIN, WILLIAM FROST AND ASSOCIATES AND BALDWIN VISTA ASSOCIATES, L.P. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the City of Chula vista is the agency designated to approve consulting contracts for the Otay Ranch; and WHEREAS, additional work is being requested of Robert Bein, William Frost and Associates (RBF) over and above the original scope-of-work; and WHEREAS, the agreement has been reviewed by all parties and is acceptable to RBF, Baldwin and the City and the County is supportive of the scope of services to be undertaken. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the Second Three Party Agreement for Otay Ranch Development Processing between the city of Chula Vista, Robert Bein, William Frost and Associates and Baldwin vista Associates, L.P., a copy of which is on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City. Presented by Approved as to form by 1L1h. George Krempl, Deputy city Manager Bruce M. Boogaa ,C1ty Attorney C:\RS\RBF 1&-3 /10-4 Second Three party Agreement for Otay Ranch Development Processing This Agreement ("This Agreement") is made this November 12, 1991 for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula vista ("City") herein, a municipal corporation of the State of California, Baldwin vista Associates, Ltd., a California Limited Partnership, ("Applicant"), and Robert Bein, William Frost & Associates ("Consultant"), Professional engineers, Planners & Surveyors, and is made with reference to the following facts: Recitals Whereas, Applicant is the owner of a 22,700 acre parcel of land located outside the current City limits for the City of Chula Vista, and within the unincorporated area of the County of San Diego, and is commonly known as the "Otay Ranch"; and, Whereas, Applicant is the proponent of the development of the Otay Ranch according to the concept plan and description presented to the City Council ("Otay Ranch Project") and made a part of a Statement of Intentions adopted by the Council on April 25, 1989, and in that regard is the proponent of a General Plan Amendment and General Development Plan application; and Whereas, city has entered into a Memorandum of Understanding ("MOU") with the County of San Diego ("County") to provide for the joint planning of the development of the Otay Ranch through a coordinated and cooperative effort of selected personnel from both the City and the County ("Joint Project Team", or alternatively "Team"); and, Whereas, pursuant to said MOU, city is primarily responsible for contracting for consulting services needed to plan for the development of the Otay Ranch; and, Whereas, in order to fulfil the need of the Team for planning services, city entered into an agreement with Consultant on August 1, 1989 ("Original Agreement"), which agreement was baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 1 /IJ-S amended in writing on February 1, 1990 ("First Amendment"), February 27, 1990 ("Second Amendment"), November 13, 1990 ("Third Amendment"), and April 21, 1991 ("Fourth Amendment"), all of which shall herein be referred to as the "Agreement as Amended"; and, Whereas. thereafter. the parties entered into an aareement on or about 1\pril 21. 1991 entitled "Three Partv Aareement for Otav Ranch Development processina" ("First Processina 1\areement"l bv which thev terminated the Aareement as Amended and replaced their riahts and duties with the First processina Aareement: and. Whereas. under the term of the First processina 1\areement has expired and the estimated budaet limitations have been reached as provided therein: and. Whereas, City and 1\pplicant owes Consultant, as a result of services performed subseauent to the expiration of the First processina 1\areement the sum herein stated and referred to as "Consultant's Bill for Previously-Provided Services"; and, Whereas, while City desires to continue the services of Consultant in connection with the planning of the development of the Otay Ranch, the parties desire to restructure their contractual relationship from this point on according to the terms of this agreement, except that they agree to pay the balance owing Consultant under the 1\greement as Amended; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to city within the time frames herein provided all in accordance with the terms and conditions of this 1\greement; and, NOW, THEREFORE, BElT RESOLVED that the City, 1\pplicant and Consultant do hereby mutually agree as follows: I. Establishment and Operation of otav Ranch Trust Fund. 1\. City to Establish Otay Ranch Tr~st Fund. City agrees to establish, as part of its books and records accounting for financial transactions of the City, and related entities, a separate fund ("Otay Ranch Trust Fund", or "Trust Fund") which shall be primarily designed to receive deposits and security (including the Trust Deed herein contemplated) from 1\pplicant and to disburse assets of the fund, including proceeds realized from the foreclosure of any security devices, baldwn3e.wp November 7, 1991 RBF/city/Baldwin 1\greement Page 2 10-(, (1) to pay for all expenses and/or expenditures incurred by Team in connection with processing Applicant's application for the development of the otay Ranch through the City and County; and, (2) to pay for all direct economic losses resulting from any contractual relationship entered into by the City or Team in connection with processing Applicant's application for the development of the otay Ranch through the city and County provided that (a) such contractural relationship has been entered into with the written consent or at the direction of Applicant or the Applicant has accepted the benefits of the contractual relationship without written objection after having knowledge thereof; and (b) either (i) the loss is not the result of any negligence or willful misconduct of the contracting party or (ii) Applicant has consented to or directed the actions by the contracting party giving rise to the loss. To the extent that City asserts a loss to which Applicant has consented to or directed, the City shall consult with Applicant and will allow Applicant the opportunity, at Applicant's election, to cure or to give its advice as to subsequent steps to be taken to mitigate the loss. B. Duty to Foreclose. city agrees that, to the extent necessary to do so in order to realize proceeds to meet the City's duty to pay for expenses of the City and Team, and to the extent that Applicant is -in default of the terms of this agreement, City will foreclose upon any security deposited with the City to secure the performance of Applicant. II. Duties Reqardinq Consultant's Bill for Previouslv Provided Services. This Section II relates exclusively to the duties and rights of Applicant, City and Consultant with regard to the payment of Consultant's Bill for Previously Provided Services. A. Aoolicant's Duties. baldwn3e.wp November 7, 1991 RBF/city/Baldwin Agreement Page 3 If)' 7 1. Dutv to Pay. Applicant agrees to pay to City, for deposit to the Trust Fund, for Consultant's Bill for Previously Provided Services, Invoices dated in the months of June, July, August and September, 1991, the sum of $308,112.96, together with interest thereon at the rate of 12% per annum, compounded monthly, on the outstanding balance due over 90 days. 2. Dutv to Issue Note. As a duplicate duty to pay City for Consultant's Bill for Previously Provided Services, Applicant agrees to issue to the City a Negotiable Note Secured by Trust Deed in the form attached as Exhibit A. 3. Dutv to Secure Note. Applicant agrees to cause one or more Deeds of Trust in the form attached hereto as Exhibit B ("Trust Deed") to be executed by the fee owners thereof for the purpose of securing, in part, Applicant's obligations herein under said Note, and in other part, all of Applicant's obligations under this Agreement. a. Property. The real properties ("Property") which are the subject matter of said Trust Deeds are commonly known as: 12755 Dannan Court, San Diego, CA 92130, 12756 Dannan Court, San Diego, CA 92130, 12777 Dannan Court, San Diego, CA 92130, and are legally described as set forth in the legal descriptions of the property which is the subject matter of said Trust Deeds, attached as Exhibit B-1 through B-3, inclusive. b. Equity. Applicant warrants and represents that the value of Applicant's equity in said Property is at least $748,000.00 as of the effective date of this agreement and is free and clear of all encumbrances thereon, and that the amount of all liens except taxes and assessments against said property do not exceed $1,122,000, and are first deeds of trust against the property held by the following persons in the following currently due amounts: (1) $390,000.00 to Western Financial Savings Bank as to Parcel 3 of Parcel Map No. 15699. (2) $366,000.00 to Western Financial Savings Bank as to Parcel 4 of Parcel Map No. 15699. (3) $366,000.00 to Western Financial Savings baldwn3e.wp REF/City/Baldwin Agreement November 7, 1991 Page 4 It)... 1'. Bank as to Parcel 5 of Parcel Map No. 15699. c. Appraisal. Applicant shall bear the cost of an appraisal of Property satisfactory to the City, and the cost of a title report demonstrating that Applicant's Designee, Baldwin Building Contractors, L.P., a California Limited Partnership, is the fee owner and that there are no prior encumbrances against title not shown above. B. Citv's Duties. 1. Conditional Dutv to Pav Consultant. On the condition that Applicant pays City as herein in this section II, set forth above, or if, as a result of prosecuting its foreclosure rights under the Trust Deed, funds are realized, City agrees to pay to Consultant the sum of $308,112.96, together with such interest as is realized from Applicant's Duty to Pay for Consultant's Bill for Previously- Provided services as herein contained. C. Consultant's Duties. In the event and on the condition that City pays Consultant according to the terms herein provided, Consultant agrees to accept same in consideration for all previously provided services rendered to the Team in connection with, or related to, the Otay Ranch Project, including all services rendered under the Agreement as Amended. D. Aareement as Amended is Terminated. All rights and duties of the parties under the Agreement as Amended are hereby terminated and discharged without breach, except as to Consultant's duties of insurance and indemnity therein contained which shall remain outstanding according to its terms, and to the extent addressed by this agreement, are merged herein. III. Duties Relatina to processina of Application for Development: Provision of Consultina Services. This section III relates to the rights and duties between Applicant and the City for all costs associated with the processing of the Otay Ranch Project, and does not involve the rights and duties of Consultant as to consulting services, or compensation therefore. baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 5 //)'1 A. Applicant's Duties to Deposit Funds. 1. Dutv to Make Cash Deposits on Demand. For the benefit of the city exclusively, Applicant shall, 20 days after demand, deposit with the City for application to the otay Ranch Fund, such cash amounts as City shall, from time to time, demand for the purpose of paying all processing costs incurred by the City and Team in processing Applicant's application for development of the otay Ranch Project. Deposits. 2. Limits on Authoritv of citv to Demand Cash City demand for funds to be placed on deposit shall be reasonable based on expected cash flow and all unfunded obligations of the Team which the Team expects to experience based on existing and future contract commitments. 3. Dutv to Maintain Trust Asset Value at Proper Level. Upon receipt of notice by City to Applicant of the need to deposit, Applicant shall maintain on deposit with the City sufficient cash or value on deposit with the City to provide for the payment of all costs incurred by city, billed or otherwise, in connection with its processing of Applicant's application for the development of the otay Ranch Project, including all costs incurred by the city under this agreement. 4. Applicant Liabilitv. Regardless of the adequacy of funds deposited, Applicant shall be liable to City for all costs incurred by City or Team for the City'S processing of Applicant's application to develop the otay Ranch Project, including but not limited to all costs incurred by City in retaining the services of Consultant as herein provided. 5. Applicant Dutv to Deposit Performance Trust Deed. Applicant shall cause deeds of trust in the form attached hereto as Exhibit B, to be executed by the fee owners thereof for the purpose of securing, in part, all of its duties contained in this Agreement, including monetary or fiscal duties, and deliver same to City. a. Property. The real properties ("Property") which are the subject matter of the Trust Deed are commonly known baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 6 /~-IO as: 12755 Dannan Court, San Diego, CA 92130, 12756 Dannan Court, San Diego, CA 92130, 12777 Dannan Court, San Diego, CA 92130, and are legally described as set forth in the legal description of the property which is the subject matter of said Trust Deed. b. Equity. Applicant warrants and represents that the value of Applicant's equity in said Property is at least $748,000.00 as of the effective date of this agreement and is free and clear of all encumbrances thereon, and that the amount of all liens, except tax liens and assessments, against said property do not exceed $1,122,000, and are first deeds of trust against the property held by the following persons in the following currently due amounts: (1) $390,000.00 to Western Financial Savings Bank as to Parcel 3 of Parcel Map No. 15699. (2) $366,000.00 to Western Financial Savings Bank as to Parcel 4 of Parcel Map No. 15699. (3) $366,000.00 to Western Financial Savings Bank as to Parcel 5 of Parcel Map No. 15699. c. Appraisal. Applicant shall bear the cost of an appraisal of Property satisfactory to the City, and the cost of a title report demonstrating that Applicant's Designee, Baldwin Building Contractors, L.P., a California Limited Partnership, is the fee owner and that there are no prior encumbrances against title not shown above, and that all encumbrance holders have certified to the amount above listed. 6. Non-processinq Remedv. In addition to any other remedies which City may have for breach of this Agreement, breach of this Agreement by Applicant in any manner, including but not limited to the failure of Applicant for any reason to deposit funds on demand, shall be grounds for the refusal of City and/or Team, and city and/or Team is hereby authorized to refuse, to continue processing the otay Ranch Project development application. IV. Reconvevance Duties. A. Within 10 days of/upon request by Applicant, City shall execute a full reconveyance of the deeds of trust securing the Note delivered to the City under the terms of this Agreement at baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 7 1/)"'/1 such time as the following conditions are satisfied: (1) the Note is paid in full in the manner herein provided or Applicant has deposited into the Trust Fund the sufficient amounts to permit the payment of Consultant's bill for Previously Provided Services as specified in Seeton II.A.1 of this Agreement; and (2), the City reasonably determines that there is sufficient cash or other value on deposit with the City to provide for the payment of all costs incurred by city, billed or otherwise, in connection with its processing of Applicant's application for the development of the otay Ranch Project, including all costs incurred by the City under this agreement. v. processinq of otav Ranch Pro;ect. This Section IV shall address the duties and rights of the parties regarding the processing of the otay Ranch Project, and compensation therefore. A. Desiqnatinq Representatives for Administration of Contract. 1. The city hereby designates the City Manager, or his written designee, ("City's Representative") as its representative for the review and administration of the work performed by Consultant herein required. 2. Consultant hereby designates John Bullard as Consultant's representative ("Consultant's Representative") to the project for the duration of the project. No substitution for this position shall be allowed without written approval from the city. 3. Applicant hereby designates Fred Arbuckle, or other written designee of Greg Smith, as Applicant's representative ("Applicant's Representative") to the project for the duration of the project. B. Duties Relatinq to Processinq. 1. Duties of Applicant. a. Provide Information. The Applicant of the project shall provide to the Consultant, for the use by the Consultant, all site plans, grading plans, architectural elevations, project description, reports or any other documents, drawings, etc., which are available and could be of assistance to the Consultant in performing his services and preparing his Work Product. baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 8 It)- J.J. b. Permission to Access proiect Area. The Proponent shall also provide Consultant with written permission for the Consultant and city staff to enter the Project Area, make any tests, conduct any surveys or reconnaissance necessary to permit the Consultant to perform the services herein required of the Consultant. 2. Consultant Duties. a. primarv Dutv. On the condition that the Consultant is regularly paid in accordance with the provisions of this Agreement, and notwithstanding said condition, on the further condition that.the total amount due Consultant is less than $550,000, Consultant shall continue to assist in the preparation of a General Plan Amendment and General Development Plan/Community Plan ("GDP") for the development of Otay Ranch, and in conjunction therewith, perform the tasks set forth in "Scope of Services, attached hereto as Exhibit C, and incorporated herein by reference, as same may be modified, added or reduced by the City. b. Reductions in Scooe of Work. City may from time to time reduce the Scope of Work by the Consultant to be performed under this Agreement. c. Additional Scooe of Work. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the General Duties and Scope of Services ("Additional Services"). d. Standard of Care. Consultant, in performing any Services under this agreement, shall perform such services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. C. Duties Relatina to Comoensation. 1. Dutv to preoare Bill Monthlv. Consultant shall prepare and submit to the city on the first day of each month, a bill for its services rendered which baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 9 10, ) J bill shall contain the number of authorized hours which Consultant or their agents or employees shall have spent in executing the scope of Work herein contained in this section IV, which hours are to be extended by an hourly rate factor calculated at 2.75 times the normal hourly wage paid to said agent or employee. The extended cost of said individual employees and/or agents shall be totalled on said bill. said bill shall also contain all reimbursable costs incurred during said billing period. 2. Duty to Set Hourly Rate of Aaents or Emplovees. Consultant shall not adjust the hourly rates or its agents or employees asa result of this agreement. The hourly rates of its agents or employees currently assigned, or expected to be assigned to perform Consultant's duties under this agreement are set forth in the attached Exhibit D. Consultant warrants and represents that (1) Exhibit D truly and accurately reflects the hourly rates paid to such agents or employees as of the date of this agreement, (2) that such hourly rates are typical rates paid to similarly situated agents or employees in the trade or industry of Consultant, and (3) that the amounts so contained on Exhibit D have not been set as a result of this Agreement. 3. Copies of Consultant Billinas. Consultant agrees to submit to Applicant by mail copies of all billings submitted by Consultant for payment by the Trust. However, if Applicant has any objections to the bills submitted, Applicant will express its objection through the city within 15 dayys after receipt of same. 4. Duty to Pay Bill. City shall pay the properly calculated and prepared Consultant's bill on a monthly basis within 30 days after receipt of same, except as herein provided. 5. city's Deferral Riahts. a. Definitions. The monthly difference between the proper amount billed by the Consultant for a given Deferral Month and the amount paid on such bill shall .be referred to as the Monthly Deferral Amount, and the cumulative difference between the proper amount billed by the Consultant in total, and the amount paid on such bill shall be referred to as the CUmulative Deferral Amount. baldwn3e.wp November 7, 1991 RBF/citY/Baldwin Agreement Page 10 /I)'J'I b. Deferral Right. City shall not be required to pay any amount of Consultant's bill dated in the months of October, November, December, inclusive, 1991 ("Deferral Months"), I in excess of $15,000 per month until January 2, 1992 (at which time all previously billed amounts are due and payable). c. Interest on Deferred Amount. The Monthly Deferral Amount shall bear interest from 90 days after billing at the rate 12% per annum, compounded monthly, until paid on which date all previously deferred amounts including accrued interest is due and payable. D. Miscellaneous Duties. 1. Insurance to city. Consultant represents to and for the express benefit of City that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Consultant will provide, prior to the commencement of the services required under this agreement the following certificates of insurance to the City prior to beginning work: a. statutory Workers Compensation coverage plus $1,000,000 Employers liability coverage. b. General and Automobile Liability coverage to $1,000,000 combined single limit which names City as an additional insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"). The cost of such additional insurance shall be deemed as a reimbursable cost to consultant. c. Errors and Omissions insurance to $1,000,000 unless Errors and Omissions coverage is included in the General Liability policy. All policies shall be issued by a carrier that has a Best's Rating of "A, Class V", or better, or shall meet with the approval of the City's Risk Manager. baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 11 It)" If' All policies shall provide that same may not be canceled without at least thirty (30) days written notice to the city. 2. Insurance to Applicant. Consultant represents to and for the express benefit of Applicant that it and its agents, staff and consultants employed by it are protected by worker's compensation insurance and the Consultant has the coverage under public liability and property damage insurance policies which this Agreement requires to be demonstrated in the form of a certificate of insurance. Consultant will provide, prior to the commencement of the services required under this agreement, the following certificates of insurance directly to the Applicant prior to beginning work: a. statutory Workers Compensation coverage plus $1,000,000 Employers liability coverage. b. General and Automobile Liability coverage to $1,000,000 combined single limit which names Applicant as an additional insured, and which is primary to any policy which the Applicant may otherwise carry ("primary coverage"), and which treats the employees of the Applicant in the same manner as members of the general public ("cross-liability coverage"). The cost of such additional insurance shall be deemed as a reimbursable cost to consultant. c. Errors and Omissions insurance to $1,000,000 unless Errors and Omissions coverage is included in the General Liability policy. All policies shall be issued by a carrier that has a Best's Rating of "A, Class V", or better, or shall meet with the approval of the Applicant. All policies shall provide that same may not be canceled without at least thirty (30) days written notice to the Applicant. E. Term. This Agreement should become effective upon execution as authorized by the Mayor of the City, or his designee, and shall terminate, if not terminated pursuant to other provisions baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 12 10 - II, contained herein, or otherwise extended by all parties, on June 30, 1992. F. Financial Interests of Consultant: Consultant warrants and represents that neither he, nor his immediate family members, nor his employees or agents ("CoJ:}sultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest") except as listed on an attachment. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant or Consultant's associates. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that neither Consultant nor his immediate family members, nor his employees or agents, shall acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. G. Hold Harmless. Consultant shall defend, indemnify and hold harmless the Applicant and City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the negligent conduct of the Consultant, or any agency or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the city, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, it officers agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the baldwn3e.wp November 7, 1991 RBF/city/Baldwin Agreement Page 13 1~-J7 Consultant. H. Termination of Aareement for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner his/her obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, city shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the city, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. I. Termination of Aareement for Convenience of citv. city may terminate this Agreement at any time and for any reason for giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Consultant shall suspend any additional work not expressly directed by the City upon receipt of such notice. In that event, all finished and unfinished documents and other materials described 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, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 1. Upon receipt of a request, from Applicant for suspension or termination of its Application, city will exercise its privileges to terminate Consultant under this Agreement. J. Assiqnabilitv. The services of Consultant Consultant shall not assign any shall not transfer any interest are personal to the city, and interest in this Agreement, and in the same (whether by baldwn3e.wp November 7, 1991 RBF/city/Baldwin Agreement page 14 /d.ltT assignment or novation), without prior written consent of City which city may not unreasonably deny. K. 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 city. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the united states or in any other country without the express written consent of 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. L. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant'S work Products. Consultant and any of the Consultant'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, workers compensation benefits, injury leave or other leave benefits. M. Errors and Omissions. In the event that the City Engineer determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, or omissions in the plans or contract specifications, Consultant shall reimburse City for the additional expenses incurred by the City including engineering, construction and/or restoration expense. Nothing herein is intended to limit City'S rights under other provisions of this agreement. N. Administrative Claims Reauirements and Procedures. baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 15 If)... I' No suit or arbitration shall be brought ar1s1ng out of this agreement, against the City unless a claim has first been presented in writing and filed with the City of Chula vista and acted upon by the city of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the city in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. O. Attornev's Fees. Should a dispute result in litigation, and the procedure for claiming and resolving the dispute herein contained is adhered to, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. P. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document as a result of the scope of work required of Consultant, Consultant shall include, or cause the inclusion, in said report or document a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. Q. Consultant not authorized to Reoresent citv. Unless specifically authorized in writing by City, Consult- ant shall have no authority to act as city's agent to bind City to any contractual agreements whatsoever. R. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified adjacent to the signatures of the parties represented. baldwn3e.wp November 7, 1991 RBF/CitY/Baldwin Agreement Page 16 II)' .').0 S. Entire Aqreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. T. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. u. Governinq Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of Page. Next Page is Signature Page.) baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 17 II) ., .)./ Signature Page to Agreement with IN WITNESS WHEREOF, city, Consultant and Applicant have executed this Agreement as of the date set forth adjacent to their signature. Dated: November 7, 1991 CITY OF CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, city Attorney Dated: Robert Bein, William Frost & Associates, 14725 Alton Parkway, Irvine, CA 92718 By: Robert Bein, Partner Dated: Baldwin Vista Associates, L.P., a California Limited Partnership, 11975 EI Camino Real, suite 200, San Diego, CA 92130 By: Baldwin Builders, Inc., a California Corporation, its General Partner, By: Greg Smith, President baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 18 10",2;' Exhibit List to Three Party for otay Ranch Development Processing Agreement Exhibit A. Note Secured by Trust Deed issued by Applicant to City in the amount of Consultant's Bill for Previously Provided Services ($308,112.96). Exhibit B. Trust Deed Securing Note in Exhibit A, and Performance, Including Monetary Performance, in Agreement. Exhibit C. Scope of Services of Consultant. Exhibit D. Hourly Rates of Consultant's Employees and Agents baldwn3e.wp November 7, 1991 RBF/City/Baldwin Agreement Page 19 11'.2.;1 /10 -/l.~ $308,112.96 Exhibit A Note Secured by Deed of October 17, 1991 Trust Chula vista, California For valuable consideration received, the Baldwin vista Associates, Ltd., a California Limited Partnership ("Obligor"), does hereby promise to pay to the city of Chula vista, California, a chartered municipal corporation of the State of California, or order, at Chula vista, California, the sum of Three Hundred Eight Thousand, One Hundred Twelve Dollars and 96/100 ($308,112.96) plus interest thereon, compounded monthly, at the rate of 12% per annum, in a single lump sum payment on January 2, 1992, except as otherwise provided below. Any payment received shall be first credited to interest due, and the balance, if any, shall thereupon be applied to the principal balance outstanding. The obligations contained in this Note are secured by three Deeds of Trust, each as to a separate parcel, bearing the same date as this Note, issued to Spring Mountain Escrow, as Trustee, for the benefit of the City of Chula Vista, Beneficiary, by obligor or obligor I s designee, Baldwin Building Contractors, a California Limited Partnership. Obligor may prepay this Note at any time or from time to time in any amount without penalty. Notwithstanding the aforementioned date the repayment of this obligation, upon obligor's conveyance of a fee interest in all or any portion of the parcel or parcels which constitute the security for this Note, as identified in the Deed of Trust above referenced, or the bankruptcy, reorganization, dissolution or liquidation of Obligor, the outstanding principal balance of this Note plus any interest accrued thereon shall become immediately due and payable. This note shall be payable in legal tender of the United States. In the event that either party may be required to use the legal process in order to collect an amount of money hereunder due, the prevailing party shall be entitled to reasonable attorney's fees and court costs. Dated: Baldwin vista Associates, L.P., a California Limited Partnership, 11975 EI Camino Real, suite 200, San Diego, CA 9~130 By: Baldwin Builders, Inc., a California Corporation, its General Partner, By: Greg Smith, President [attach notary acknowledgment] baldwn5.wp Jf)" ~ //()-;.6 Exhibit B-1 Baldwin Building Contractors, L.P. Deed of Trust, No. 1 to Secure Note and Three Party Agreement for Otay Ranch Development Processing Recording Requested by: city of Chula Vista, California and when recorded, mail to City of Chula vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Clerk For Off1c1al Use Only Assessor Parcel No: 304-390-41 DEED OF TRUST AND ASSIGNMENT OF RENTS THIS DEED OF TRUST, made this November 12, 1991, for the purposes of reference, and effective as of the date executed by the parties, between the Baldwin Building Contractors. L.P.. a California Limited Partnership, herein called "Trustor", whose address is 11975 El Camino Real, Suite 200, San Diego, CA 92130, Attention: Greq Smith, as desginee for Baldwin vista Associates, L.P., a California Limited Partnership, Spring Mountain Escrow Inc., a California corporation, herein called "Trustee", and the City of Chula vista, herein called "Beneficiary", whose address is 276 Fourth Avenue, Chula Vista, California, as follows: The Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, that property in San Diego County, california, described as set forth in the attached Exhibit 1 to Deed of Trust, together with buildings, fixtures, equipment and other assets located thereon or appurtenant thereto, and together with the rents, issues and profits thereof, subject, however, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions attached hereto as Exhibit 2 to Deed of Trust, to collect and apply such rents, issues and profits, baldwn6.wp November 7, 1991 Baldwin's Trust Deed Page 1 )t).. ).7 FOR THE PURPOSE OF SECURING: (1) payment of the indebtedness evidenced by one promissory note dated October 17, 1991, and entitled: "Note Secured by Deed of Trust," and any extension or renewal thereof, in an amount of $308,112.96, and executed by Trustor's Designator, Baldwin vista Associates, L.P., a California Limited Partnership in favor of Beneficiary or order; (2) performance by Trustor's Designator of its obligations as contained in that Agreement between Trustor's Designator, Beneficiary and Robert Bein, William Frost & Associates, dated November 12, 1991, and entitled "Second Three Party Agreement for otay Ranch Development Processing" also referred to herein as the "Subject Agreement"; (3) performance by Trustor of each agreement of Trustor as contained herein, including without limitation, those set forth in Exhibit 2 hereto (related to the protection of the security); and (3) performance under any agreements that are secured by a trust deed, mortgage, lien, or other encumbrance against the title to the property which is the subject matter of this grant that is, or may be, superior to this Deed of Trust. TO PROTECT THE SECURITY. OF THIS DEED OF TRUST, Trustor agrees, by the execution and delivery of this Deed of Trust and the Note and Subject Agreement secured hereby, that provisions (1) to (14), inclusive, of Exhibit 2 hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length. To the extent permitted by Law, all of the personal property described in the deed of trust or mortgage shall be deemed to be fixtures and part of the real property. As to any part of such personal property not deemed or permitted by law to be fixtures, the deed of trust or mortgage shall constitute a security agreement under the Uniform Commercial Code. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to the undersigned at his address hereinbefore set forth. Dated: Baldwin Building Contractors, California Limited Partnership ~, a by: Baldwin Builders, Inc., a California Corporation, its General Partner by: Greg Smith, President. [attach notary acknowledgment] baldwn6.wp November 7, 1991 Baldwin's Trust Deed Page 2 Jp.. J~ Dated: , 1991 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , before me, the undersigned, a Notary Public in and for said county and state, personally appeared Greg smith, known to me to be the President of Baldwin Builders, Inc., known to be to be a California Corporation and the General Partner of Baldwin Building Contractors, L.P.. a California Limited Partnership, and the entity that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Limited Partnership, and acknowledged to me that Baldwin Building Contractors, L.P., executed the same. witness my hand and official seal. Signature: Notary County Public in and for said and State baldwn6.wp November 7, 1991 Baldwin's Trust Deed Page 3 /t).. J., Exhibit 1 to Trust Deed Legal Description of Subject Property 12755 Dannan Court, San Diego, CA 92130 Parcel 3 of Map 15699 Assessor Parcel No. 304-390-41 That real property situated in the City of San Diego, County of San Diego, State of California, commonly known as Parcel 3 of Parcel Map No. 15699, in the City of San Diego, County of San Diego, State of Califonria, filed in the Office of the County Recorder of San Diego County, June 8, 1989 as File No. 89-302414 of Official Records. baldwn6.wp November 7, 1991 Baldwin's Trust Deed Page 4 I~. 30 Exhibit 2 to Trust Deed standard provisions To Protect the Security of This Deed of Trust, Trustor Agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit,. suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary ~ certificates of fire, vandalism and malicious mischief insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. The provisions hereof are subject to the mutual agreement of the parties as below set forth. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney I s fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; subject to the mutual agreements of the parties as below set forth, to pay when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. baldwn6.wp November 7, 1991 Baldwin's Trust Deed Page 5 /tJ-JI Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ council and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by Beneficiary in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. The provisions hereof are subject to the mutual agreements of the parties as below set forth. (7) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and baldwn6.wp November 7, 1991 Baldwin's Trust Deed Page 6 1&.3.2 upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in such request to retain them) . (10) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11) That upon default ~y Trustor in payment of any indebtedness secured hereby or ~n performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee of this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and of notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may be determined, at public auction to the highest bidder for cash in lawful money of baldwnG . wp November 7, 1991 Baldwin's Trust Deed Page 7 It. J) the United states, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor or Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the document number or the book and page where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devices, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number indicates the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. baldwn6.wp November 7, 1991 Baldwin's Trust Deed Page 8 jll - J'/ Recording Requested by: City of Chula vista, California and when recorded, mail to city of Chula vista 276 Fourth Avenue Chula vista, CA 91910 Attention: City Clerk For Off1c1al Use Only Assessor Parcel No: 304-390-42 DEED OF TRUST AND ASSIGNMENT OF RENTS THIS DEED OF TRUST, made this November 12, 1991, for the purposes of reference, and effective as of the date executed by the parties, between the Baldwin Building Contractors, L.P., a California Limited Partnership, herein called "Trustor", whose address is 11975 El Camino Real, suite 200, San Diego, CA 92130, Attention: Greg Smith, as desginee for Baldwin vista Associates, L.P., a California Limited Partnership, Spring Mountain Escrow Inc., a California corporation, herein called "Trustee", and the city of Chula Vista, herein called "Beneficiary", whose address is 276 Fourth Avenue, Chula Vista, California, as follows: The Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, that property in San Diego County, California, described as set forth in the attached Exhibit 1 to Deed of Trust, together with buildings, fixtures, equipment and other assets located thereon or appurtenant thereto, and together with the rents, issues and prof its thereof, subj ect, however, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions attached hereto as Exhibit 2 to Deed of Trust, to collect and apply such baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 1 II). J5 Dated: , 1991 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , before me, the undersigned, a Notary Public in and for said county and state, personally appeared Greg Smith, known to me to be the President of Baldwin Builders, Inc., known to be to be a California Corporation and the General Partner of Baldwin Building contractors, L.P., a California Limited Partnership, and the entity that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Limited Partnership, and acknowledged to me that Baldwin Building Contractors, L.P., executed the same. Witness my hand and official seal. Signature: Notary County Public in and for said and State baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 3 )/) rents, issues and profits, FOR THE PURPOSE OF SECURING: (1) payment of the indebtedness evidenced by one promissory note dated October 17, 1991, and entitled: "Note Secured by Deed of Trust," and any extension or renewal thereof, in an amount of $308,112.96, and executed by Trustor's Designator, Baldwin vista Associates, L.P., a California Limited Partnership in favor of Beneficiary or order; (2) performance by Trustor's Designator of its obligations as described or referenced in Section IV of that Agreement between Trustor's Designator, Beneficiary and Robert Bein, William Frost & Associates, dated November 12, 1991, and entitled "Second Three Party Agreement for Otay Ranch Development Processing" also referred to herein as the "Subject Agreement"; (3) performance by Trustor of each agreement of Trustor as contained herein, including without limitation, those set forth in Exhibit 2 hereto (related to the protection of the security); and (3) performance under any agreements that are secured by a trust deed, mortgage, lien, or other encumbrance against the title to the property which is the subject matter of this grant that is, or may be, superior to this Deed of Trust. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor agrees, by the execution and delivery of this Deed of Trust and the Note and Subject Agreement secured hereby, that provisions (1) to (14), inclusive, of Exhibit 2 hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length. To the extent permitted by Law, all of the personal property described in the deed of trust or mortgage shall be deemed to be fixtures and part of the real property. As to any part of such personal property not deemed or permitted by law to be fixtures, the deed of trust or mortgage shall constitute a security agreement under the Uniform commercial Code. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to the undersigned at his address hereinbefore set forth. Dated: Baldwin Building Contractors, L.P., a California Limited Partnership by: Baldwin Builders, Inc., a California Corporation, its General Partner by: Greg Smith, President. [attach notary acknowledgment] baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 2 }/)., J/, J;()-.J7 Exhibit 1 to Trust Deed Legal Description of Subject Property 12755 Dannan Court, San Diego, CA 92130 Parcel 3 of Map 15699 Assessor Parcel No. 304-390-41 That real property situated in the City of San Diego, County of San Diego, State of California, commonly known as Parcel 3 of Parcel Map No. 15699, in the city of San Diego, County of San Diego, State of Califonria, filed in the Office of the County Recorder of San Diego County, June 8, 1989 as File No. 89-302414 of Official Records. baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 4 /1) /3Y Exhibit 2 to Trust Deed Standard provisions To Protect the Security of This Deed of Trust, Trustor Agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary such certificates of fire, vandalism and malicious mischief insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. The provisions hereof are subject to the mutual agreement of the parties as below set forth. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; subject to the mutual agreements of the parties as below set forth, to pay when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 5 Ill" 31 Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ council and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by Beneficiary in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. The provisions hereof are subject to the mutual agreements of the parties as below set forth. (7) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 6 I (),. Jlt) upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto. n Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in such request to retain them). (10) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11) That upon default ~y Trustor in payment of any indebtedness secured hereby or ~n performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee of this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and of notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may be determined, at public auction to the highest bidder for cash in lawful money of baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 7 ItJ"lIl the United states, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold; but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (12) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor or Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the document number or'the book and page where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devices, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number indicates the plural. (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. baldwn7a.wp November 7, 1991 Baldwin's Trust Deed Page 8 / tJ ' 'I). Recording Requested by: City of Chula Vista, California and when recorded, mail to city of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attention: city Clerk For Off1c1al Use Only Assessor Parcel No: 304-390-43 DEED OF TRUST AND ASSIGNMENT OF RENTS THIS D~ED OF TRUST, made this November 12, 1991, for the purposes of reference, and effective as of the date executed by the parties, between the Baldwin Building Contractors, L.P., a California Limited Partnership, herein called "Trustor", whose address is 11975 El Camino Real, suite 200, San Diego, CA 92130, Attention: Greg Smith, as desginee for Baldwin vista Associates, L.P., a California Limited Partnership, Spring Mountain Escrow Inc., a California corporation, herein called "Trustee", and the city of Chula Vista, herein called "Beneficiary", whose address is 276 Fourth Avenue, Chula vista, california, as follows: The Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, that property in San Diego County, California, described as set forth in the attached Exhibit 1 to Deed of Trust, together with buildings, fixtures, equipment and other assets located thereon or appurtenant thereto, and together with the rents, issues and profits thereof, subject, however, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions attached hereto as Exhibit 2 to Deed of Trust, to collect and apply such rents, issues and profits, baldwn8.wp November 7, 1991 Baldwin's Trust Deed Page 1 II)" &/3 FOR THE PURPOSE OF SECURING:, (1) payment of the indebtedness evidenced by one promissory note dated October 17, 1991, and entitled: "Note Secured by Deed of Trust," and any extension or renewal thereof, in an amount of $308,112.96, and executed by Trustor's Designator, Baldwin Vista Associates, L.P., a California Limited Partnership in favor of Beneficiary or order; (2) performance by Trustor's Designator of its obligations as described or referenced in section IV of that Agreement between Trustor's Designator, Beneficiary and Robert Bein, William Frost & Associates, dated November 12, 1991, and entitled "Second Three Party Agreement for Otay Ranch Development Processing" also referred to herein as the "Subject Agreement"; (3) performance by Trustor of each agreement of Trustor as contained herein, including without limitation, those set forth in Exhibit 2 hereto (related to the protection of the security); and (3) performance under any agreements that are secured by a trust deed, mortgage, lien, or other encumbrance against the title to the property which is the subject matter of this grant that is, or may be, superior to this Deed of Trust. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor agrees, by the execution and delivery of this Deed of Trust and the Note and Subject Agreement secured hereby, that provisions (1) to (14), inclusive, of Exhibit 2 hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein at length. To the extent permitted by Law, all of the personal property described in the deed of trust or mortgage shall be deemed to be fixtures and part of the real property. As to any part of such personal property not deemed or permitted by law to be fixtures, the deed of trust or mortgage shall constitute a security agreement under the Uniform Commercial Code. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed to the undersigned at his address hereinbefore set forth. Dated: Baldwin Building Contractors, California Limited Partnership by: Baldwin Builders, Inc., a California Corporation, its General Partner L.P., a by: Greg Smith, President. [attach notary acknowledgment] baldwn8.)lP November 7, 1991 Baldwin's Trust Deed Page 2 /IJ~"" If) -1.f Dated: , 1991 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , before me, the undersigned, a Notary Public in and for said county and state, personally appeared Greg Smith, known to me to be the President of Baldwin Builders, Inc., known to be to be a California Corporation and the General Partner of Baldwin Building Contractors, L.P., a California Limited Partnership, and the entity that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Limited Partnership, and acknowledged to me that Baldwin Building Contractors, L.P., executed the same. witness my hand and official seal. signature: Notary County Public in and for said and State baldwn8.wp November 7, 1991 Baldwin's Trust Deed Page 3 $-~5 Exhibit 1 to Trust Deed Legal Description of Subject Property 12777 Dannan Court, San Diego, CA 92130 Parcel 5 of Map 15699 Assessor Parcel No. 304-390-43 That real property situated in the city of San Diego, County of San Diego, State of California, commonly known as Parcel 5 of Parcel Map No. 15699, in the city of San Diego, County of San Diego, State of Califonria, filed in the Office of the County Recorder of San Diego county, June 8, 1989 as File No. 89-302414 of Official Records. baldwn8.wp November 7, 1991 Baldwin's Trust Deed Page 4 II) -" 1./(, Exhibit 2 to Trust Deed Standard provisions To Protect the Security of This Deed of Trust, Trustor Agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune, and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary such certificates of fire, vandalism and malicious mischief insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. The provisions hereof are subject to the mutual agreement of the parties as below set forth. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; subject to the mutual agreements of the parties as below set forth, to pay when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. baldwn8.wp November 7, 1991 Baldwin's Trust Deed Page 5 /1)",,/7 Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ council and pay his reasonable fees. (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. (6) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by Beneficiary in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. The provisions hereof are subject to the mutual agreements of the parties as below set forth. (7) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (8) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and baldwn8.wp November 7, 1991 Baldwin's Trust Deed Page 6 J() - &It upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters of facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto. n Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (unless directed in such request to retain them). (10) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11) That upon default ~y Trustor in payment of any indebtedness secured hereby or 1n performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee of this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and of notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may be determined, at public auction to the highest bidder for cash in lawful money of baldwn8.wp November 7, 1991 Baldwin's Trust Deed Page 7 Jf),- 4<t the United states, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (12) Benef iciary , or any successor in ownership of any indebtedness secured hereby, may from from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor or Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the document number or the book and page where this Deed is recorded and the name and address of the new Trustee. (13) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devices, administrators, executors, successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number indicates the plural. . (14) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee. baldwn8 . wp November 7, 1991 Baldwin's Trust Deed Page 8 1& ,50 EXIllBIT "C' SCOPE OF SERVICES A Consultant agrees to perform the following Scope of Services as part of the General Plan Amendment and General Development Plan/Co=unity Plan planning process for the Otay Ranch. The scope is general in nature in that the final products will be determined during the process through interaction with the Technical, Citizen and Executive Staff Committees. For this reason the scope is being prepared on a time and materials basis, and actual costs may vary from estimated costs. TASK 01 TASK 02 TASK 03 TASK 04 TASK 05 K/SlX129S.rev Perform research as directed by the Executive Staff Committee on issues pertaining to the preparation of the General Plan Amendments and the General Development Plan/Co=unity Plan for the Otay Ranch Project. Research questions to be investigated and documented in the form of issue or special study papers. Provide assistance to Project Team for review of the Resource Management Plan submitted by the applicant. This review will include investigation of concerns from other agencies and interested parties. Prepare an analysis of the County of San Diego Resource Protection Ordinance as it relates to the Resource Management Plan. Conduct analysis for and prepare the texts, maps and graphics for the General Plan Amendments and the General Development Plan/Co=unity Plan required for both the City and County. This .task also involves preparing portions of the General Development Plan text as detailed on attached GDP outline. This task will entail reviewing other consultants' work on the GDP /Co=unity Plan to assist the City of Chula Vista and the County of San Diego in conforming with the requirements of a General Development Plan and Co=unity Plan. Attendance at Citizen Committees on issues pertaining to the preparation of the General Plan Amendments and the General Development Plan/Co=unity Plan. Prepare reports and graphics for presentation to Technical Committees on issues pertaining to the preparation of the General Plan Amendments and the General Development Plan/Co=unity Plan. I P "'.5'1 Robert Bein, William Frost & Associates Contract Agreement for IN 500295 TASK 06 TASK en TASK 08 TASK 09 TASK 10 TASK 11 Rxn USIONS November 7, 1991 Page 2 of 5 Provide coordination, as requested by Executive Staff Committee, on regional issues outside the Otay Ranch which have a continuing impact on the planning of the Otay Ranch. Such coordination involves meeting with various organizations and interested parties on issues such as the designation of SR- 125 as a toll road, the establishment of regional biological conservation areas and wildlife corridors, the planning of the Otay Valley Regional Park, and the study of fixed rail transit extension into the South Bay. Make presentations to groups interested in the planning of the Otay Ranch. Such groups may include, but are not limited to, professional planning organizations (i.e. American Planning Association), local citizen groups other than the Citizen Committees, such as "Crossroads", and other interested parties, as requested by the General Manager. Attend and prepare staff reports, graphics and other material as required for workshops and public hearings. Provide environmental coordination. This effort involves weekly monitoring of the progress of the Environmental Impact Review (EIR) consultant, the coordination of the EIR review process and the preparation of staff reports. This effort does not include production of environmental documentation. Provide Public Facilities review and coordination. This effort involves attempting to resolve differences between standards and policies of the City of Chula Vista and County of San Diego. This work effort would continue through adoption of the GDP /Co=unity Plan. This task is a budgeted amount for anticipated work which may be requested that is not included in the above tasks. Authorization of this work will be made by signed "Additional Work Orders" to be approved by the General Manager prior to initiation of the additional work. This budget is based upon a 10% contingency estimate. Work relating to traffic engineering and analysis is excluded from this Scope of Services. The traffic consulting firm of JHK and Associates will be submitting a separate addendum to the City .of Chula Vista for the associated traffic work items. K/S0029S.rev II) -5,). Robert Bein, William Frost & Associates Contract Agreement for IN 500295 November 7,1991 Page 3 of 5 The scope is general in nature in that the final products will be determined during the process through interaction with the Technical, Citizen and Executive Staff Committees. For this reason the scope is being prepared on a time and materials basis, and actual costs may vary from estimated costs. K/SOO19S.rev )f) , .5J Robert Bein, William Frost & Associates Contract Agreement for IN 500295 November 7,1991 Page 4 of 5 EXHIBIT "D" COMPENSATION B. Oient agrees to compensate Consultant for such services as follows unless otherwise agreed upon by both parties: Monthly on a time and materials basis based upon 2.75 times the wages paid for all personnel working on the project, with an initial estimated budget of $614,514.55, which includes a 15% contingency for additional work requests outside the Scope of Services. This budget amount is for authorization purposes only. Should the total of the monthly billings reach eighty percent (80%) of the budget amonnt, Client and Consultant will review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to complete the project is appropriate. K/SOO1.9S.rev I~ "3'1 ESTIMAlED BUDGET 65,927.59 82,797.92 70,289.04 50,000.00 50,000.00 50,000.00 30,000.00 30,000.00 30,000.00 30,000.00 30,000.00 Robert Bein, William Frost & Associates Contract Agreement for IN 500295 EXHIBIT"D" (Continued) ESTIMAlED BUDGET MONTII July 1991 August 1991 September 1991 October 1991 November 1991 December 1991 January 1992 February 1992 March 1992 April 1992 May 1992 June 1992 Subtotal Extra Work - 15% Contingency (October 1991-June 1992) Estimated direct cost of reimbursable items (October 1991-June 1992) TOTAL November 7, 1991 Page 5 of 5 30.000.00 $549,014.55 49,000.00 16.500.00 1{i)4.514.55 Addendum #5 is requesting that $614,514.55 be authorized and that billing will be on a time and materials basis. K/~= I~//f COUNCIL AGENDA STATEMENT Item J I ITEM TITLE: Meeting Date 11/12/91 Reso 1 ut i on 1(,4/", Appropri at i ng funds for purchase of one fire truck SUBMITTED BY: REVIEWED BY: Director of Finance City Manager 611' 11. .,f' if (4/5ths Vote: Yes-!-No___> The purpose of this resolution is to correct a clerical error that was made during the closing of the financial records as of June 30, 1991. A purchase order encumbering funds for the purchase of a fire truck (approved by the City Council) was inadvertently closed at the end of the fiscal year and the fund i ng was returned to the fund balance of the Equ i pment Replacement Fund. Because of the error, Council act i on is requi red to reappropri ate the funds from the fund balance. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Council approved the purchase of one 1,500 gpm triple combination fire apparatus truck on Resol ution No. 16052 on February 5, 1991. The truck was ordered with Vehicle Replacement funds on Purchase Order 192896. On Resolution No. 16182 dated June 4, 1991, Council approved the purchase of one additional truck from the same vendor, Seagrave Fire Apparatus, Inc. The second unit was to be purchased from the Fire Suppression Development Impact Fee Fund. A change order to Purchase Order 192896 was processed to increase the quantity from one to two. At fiscal year 1990-91 end, the original encumbrance for one unit was inadvertently cancelled and the monies returned to the Equipment Replacement Fund balance. The funds required for the truck purchase including California sales tax at the current 8-1/4 percent rate is $223,806.88. FISCAL IMPACT: The original amount was returned to fund balance, therefore, sufficient funds are available in the unappropriated balance of the Equipment Replacement Fund to cover the purchase price of '$223,806.88. WPC 0301U JI"' J /11-2 RESOLUTION NO. 1/,'ItJ,_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR PURCHASE OF ONE FIRE TRUCK The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, it is necessary to correct a clerical error that was made during the closing of the financial records as of June 30, 1991 because a purchase order encumbering funds for the purchase of a fire truck was inadvertently closed at the end of the fiscal year and the funding was returned to the fund balance of the Equipment Replacement Fundi and WHEREAS, because of the error, Council action is required to reappropriate the funds from the fund balance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $223,806.88 from the unappropriated balance of the Equipment Replacement Fund to Account No. 705-7050-5565 for the purchase of one fire truck from Seagrave Fire Apparatus, Inc. Lyman Christopher, Director of Finance Approved as to form by or"!: ~~ Attorney Presented by C:\RS\fire truck IJ-J /\,) COUNCIL AGENDA STATEMENT Item I :J. ITEM TITLE: Resolution I/,'IIP - Parking prohibition East Flower Street Meeting Date 11/12/91 Affi rmi ng the Tri a 1 Traffi c Regulation for vehicles over 6 feet in height on SUBMITTED BY: REVIEWED BY: Director of Public Works City Manager ~'l(. ~ (4/5ths Vote: Yes___No-X-) On October 25, 1990, a trial traffic regulation establishing a parking prohibition for vehicles over 6 feet in height on East Flower Street was implemented pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code. Signs prohibiting parking for these vehicles were installed on October 29, 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 provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted by Ordinance No. 1625 on May 27, 1975, the City Engineer on October 25, 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: The parking prohibition of vehicles which are six feet or more in height (including any load thereon) on the west side of East Flower Street between the fi rst and second northerl y dri veways to the Eucalyptus Grove apartment complex as per the Cal ifornia Vehicle Codes Section No. 22507 (see attached map) . Said regulations became effective upon the posting of the signs on October 29, 1990, and has run for a trial period or almost eight (8) months from the date of such posting. A review of said installation needs to be made to determine if the prohi bi t ion shoul d be made permanent. Sect ion 10.12.030 of the Chul a 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. \......---..-/\ " I~-I Page 2, Item J~ Meeting Date 11/12/91 The purpose of this six-foot vehicle height parking restriction is to prevent large vehicles such as vans, trucks, and campers from parking in a manner which may affect visibility of motorists exiting the Eucalyptus Grove apartment complex northerly (second) driveway from seeing oncoming cross traffic. At the Safety Commission meeting of May 9, 1991, the Safety Commission voted 6-0 to concur with staff and recommend that the City Council adopt the resolution to make the trial traffic regulation permanent. A review of the traffic conditions by staff and the Pol ice Department show that this trial traffic regulation is operating effectively. Therefore, staff recommends that the trial traffic regulation be made permanent. WPC 5764E:CY-027 Attachment: Area Plat Trial Traffic Regulation Safety Commission Minutes dated 5/9/91 (excerpt) )~~,). I . IfHQRMAII!a IIfM DATE: TO: VIA: FROM: SUBJECT: October 25, 1990 The Honorable Mayor and City Council John Goss, City Manager ..J. / John Lippitt, Director of Public Work~ qrv Establishing Trial Traffic Regulation Pursuant to the provlslons 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: The parking prohibition of vehicles which are six feet or more in height (including any load thereon) on the west side of East Flower Street between the first and second northerly driveways to the Eucalyptus Grove apartment complex as per the California Vehicle Codes Section No. 22507 (see attached map). Said regulations become effective upon the posting of the signs and shall run for a trial period of eight (8) months from the date of such posting, at which time a review of said installation will be made to determine if the prohibition should be made permanent. The purpose of this six-foot vehicle height parking restriction is to prevent large vehicles such as vans, trucks, and campers from parking in a manner which may affect visibility of motorists exiting the Eucalyptus Grove apartment complex northerly (second) driveway from seeing oncoming cross traffi c. WPC 5273E 1.2 '" V /06 Safety C(RIlml<<'OD Meetina 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 IeSOlve 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, at 91911 Mr. Vogt is a business owner adjacent to the auto action. Mr. Vog! 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 On. 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 -}" 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 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- 1.2~..r Safety Commlc.cIOD Meet1n& May 9. 1991 MInutes (b) All-way stop at the intersection of Avenida Ysidora/Calle SantiagolRain Forest Road Staff reported back on the all-way stop sign at the intersection of Avenida Ysidora/Calle SantiagolRain Forest Road. Signs were posted on Thursday, October 25, 1990 and a n=view 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 n=view 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 COMMUNICATIONS - Tadeusz Pieknik, 72 F Street. Chula Vista, ~ 91910 Mr. Pieknik is the owner of a property at 616 3rd Avenue, which is a PrcschooUDay 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. Piek:nik 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 "OccupantIResidentfI'enant." Mr. Piek:nik indicated that he was the owner of the PlUpetly and rented to another party. The Commission informed Mr. Piek:nik 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- . I,), .. '" RESOLUTION NO. JIIl/jl) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE TRIAL TRAFFIC REGULATION - PARKING PROHIBITION FOR VEHICLES OVER 6 FEET IN HEIGHT ON EAST FLOWER STREET The city Council of the city of Chula vista does hereby resolve as follows: WHEREAS, on October 25, 1990, a trial traffic regulation establishing a parking prohibition for vehicles over 6 feet in height on East Flower Street was implemented pursuant to the provisions of section 10.12.030 of the Chula vista Municipal Code; and WHEREAS, the purpose of this six-foot vehicle height restriction is to prevent large vehicles such as vans, trucks, and campers from parking in a manner which may affect visibility of motorists exiting the Eucalyptus Grove apartment complex northerly (second) driveway from seeing oncoming cross traffic; and WHEREAS, the Safety Commission, at its 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 affirm the Trial Traffic Regulation - Parking Prohibition for vehicles over 6 feet in height on East Flower Street. Approved as to form by BrUC~B~aT:!l Attorney Presented by John P. Lippitt, Director of Public Works C:\RS\E Flower J~"7 COUNCil AGENDA STATEMENT Item J j SUBMITTED BY: REVl EWED BY: Meeting Date 11/12/91 Resolution 11,'111 Approving second amendment to agreement between the City of Chula Vista and the VTN Consultants, Inc., for engi neeri ng servi ces duri ng the construct ion of Tel egraph Canyon Road/Otay Lakes Road Phase III Director of pu~~c work~~ City Manager ~J j l.- (4/5ths Vote: Yes_No...!.J ITEM TITLE: The City Council, by Resolution 13990 on March 7, 1989, approved an agreement between the City of Chula Vista and VTN Consultants, Inc. for the preparation of construction documents and plans necessary for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road Phase III (between Apache Drive and Rutgers Avenue) and a paralleling channel. Also, it included Otay Lakes Road to a distance approximately 1,000 feet north of Telegraph Canyon Road/Otay Lakes Road intersection. A fi rst amendment to the agreement was approved by the city Council by Resolution 15471 on January 23, 1990 which provided additional engineering services during the design phase of the project. Unanticipated tasks arose during the design phase which were essential to the completion of the final plans, specifications and cost estimate. This amendment increased the "not-to-exceed" limits of the original contract ($247,000) to $301,000 and authorized the Director of Public Works to execute modifications for future changes in scope of work for amounts in aggregate not to exceed $15,000. To date, VTN Consultants, Inc.'s contract has been increased to $315,816.92. This is close to approaching the $15,000 limit the Director of Public Works is authorized by the City Council. A contract was awarded to Erreca' s, Inc. for the construction of Tel egraph Canyon Road/Otay Lakes Road Phase III (Project) by Resolution 16202 on June 18, 1991 in the amount of $4,697,582. The contractor began work on September 16, 1991 and has until November 25, 1992 to finish the project. Certain tasks which required engineering services and that were unanticipated at the time the original contract was negotiated with VTN need to be accomplished in connection with the schedule of the construction work and the contractor's operations. Staff wishes to again amend the contract with VTN so that they can proceed with the engineering services that are needed during the construction phase of the project. RECOMMENDATION: That Council approve: 1. An amendment to the original contract extending the time for completion of services under Phase I (design) to July 31, 1991 (formerly July 31, 1990) and for completion of Phase II to November 30, 1992 (formerly December 31, 1991). 11-/ Page 2, Itl!lll J j Meeting Date 11/12/91 2. An increase in the "not-to-exceed" 1 imits of the original contract from $301,000 to $331,360. 3. An authorization for the Director of Public, Works to execute modifications for future changes in scope of work an additional amount of $5,000 above the original authorization of $15,000 in the first amendment to the agreement and in aggregate not to exceed $20,000. Thus raising the cap on VTN Consultants, Inc. contract to $351,360. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Our agreement with VTN Consultants, Inc. provides services during the construction phase of the geotechnical observations and testing during grading staking and field measurements, observations of the during installation and the maintenance period. Since the contractor has started work certain additional measurements need to be made which were not included in the original scope of VTN Consultants, Inc. contract. One of the first items of work which the contractor must do is remove and recompact the alluvium. He will also import approximately 32,000 cubic yards of soil to finish the grading. Before and after measurements need to be made by the engineer to determine the actual volumes of alluvium reworked and soil imported so that the payment due to the contractor can be accurately determined. This is not usually a requirement of our contracts, but during the design process it became apparent that the physical conditions in the field would require these measurements in order to monitor the contractors work. for certain engineering project which includes operations, construction landscape and irrigation The City entered into a Joint Power Agreement with Otay Water District which was approved by City Council Resolution 16043 on February 5, 1991. The City agreed to provide the construction staking for the 12-inch domestic water line and for the reclaimed water 1 ines. Otay Water District agreed to reimburse the City for the construction staki ng. The construction staki ng for these water lines was not included in VTN Consultants, Inc. agreement. Likewise the construct ion staki ng for the medi an island in the north/south 1 eg of Otay Lakes Road was not included in VTN's agreement. This median island was added to the design after the agreement was negotiated. Al so, duri ng the construction of the project we need to consult with the engineer about interpretations and intent of the plans and specifications. The agreement with VTN Consultants, Inc. does not provide for engineering consultations during the construction phase of the project. The attached aforementioned follows: second amendment to engineering services. the original agreement provides the In summary, the services and fees are as J:J"'-2. Page 3, Item I~ Meeting Date 11/12/91 TOTAL $ 5,880 6,300 1,700 2,640 13.360 $30,360 Field Services Imported Earthwork Quantities Construction Staking Services Water Facilities Construction Staking Services Median Island Office Engineering Support Services Earthwork Analysis General Engineering Services Consultation The construction of the project is scheduled to continue for approximately a year until November 25, 1992. We anticipate that we will need additional engineering services which are outside the original scope of VTN's agreement. Staff is requesting in light of the complexity and length of the construction period that the City Council authorize the Director of Public works to approve amendments to the scope of work and total amount of engineer's compensation for services, as required by unforeseen changes in the project in a total aggregate amount not to exceed $20,000. This includes the $15,000 authorized by the City Council on January 23, 1990. Approval of thi s second amount to the agreement wi 11 increase the "not-to-exceed" 1 imits of the original contract to $331,360. The authorization of the Director of Public Works to approve an additional amount not to exceed $20,000 for unforeseen changes would place a maximum cap of $351,360 on VTN Consultants, Inc. agreement. As a housekeeping measure, the completion dates for design and construction engineering services needs to be amended to fit the actual project schedule. Design services were actually completed by July 31, 1991. Engineering construction services are scheduled for completion by November 30, 1992. FISCAL IMPACT: The original contract with VTN included their fee of $247,000 plus contingencies of $5,000. The contract modifications requested in the second amendment to the origi nal contract wi 11 increase the "not-to-exceed" contract amount to $331,360. An additional $20,000 may be necessary for changes but only if approved by the Di rector of Pub 1 i c Works. Fourteen thousand nine hundred thirty four and 92/100 dollars ($14,934.92) of the $15,000 authorized by the City Council on January 23, 1990 has been obligated and approved by the Director of Public Works for unforeseen changes. The remaining balance of the $20,000 is $5,065,08. Adequate funds are available in Account No. 621-6210-STl31B - Widening of Telegraph Canyon Road from Apache Drive to Rutgers Avenue. The City will be reimbursed a portion of the design and construction engineering costs from Federal Defense Access funds. The remaining funding comes from FAU funds, Charter Point deposit and Transportation Development Impact Fees. Otay Water District will reimburse the City $6,300 for construction staking their water facilities. KG:ANOI2 WPC 5789E J3-;JJ/~;~ RESOLUTION NO. 1"11 J/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE VTN CONSULTANTS, INC., FOR ENGINEERING SERVICES DURING THE CONSTRUCTION OF TELEGRAPH CANYON ROAD/OTAY LAKES ROAD PHASE III, AND AUTHORIZING THE MAYOR TO EXECUTE SAME The city Council of the City of Chula vista does hereby resolve as follows: WHEREAS, the city Council, by Resolution 13990 on March 7, 1989, approved an agreement between the City and VTN Consultants, Inc. for the preparation of construction documents and plans necessary for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road Phase III (between Apache Drive and Rutgers Avenue) and a paralleling channel and included Otay Lakes Road to a distance approximately 1,000 feet north of Telegraph Canyon Road/otay Lakes Road intersection; and WHEREAS, a first amendment to the agreement was approved by the city council by Resolution 15471 on January 23, 1990 which provided additional engineering services during the design phase; and WHEREAS, unanticipated tasks arose during the design phase which were essential to the completion of the final plans, specifications and cost estimate; and WHEREAS, this amendment increased the "not-to-exceed" limits of the original contract ($247,000) to $301,000 and authorized the Director of Public Works to execute modifications for future changes in scope of work for amounts in aggregate not to exceed $15,000; and WHEREAS, to date, VTN Consultants, Inc.'s contract has been increased to $315,816.92 which is close approaching the $15,000 limit the Director of Public Works is authorized by the city council; and WHEREAS, certain tasks which required engineering services and that were unanticipated at the time the original contract was negotiated with VTN need to be accomplished in connection with the schedule of the construction work and the contractor's operations; and WHEREAS, staff wishes to amend the contract with VTN so that they can proceed with the engineering services that are needed during the construction phase of the project. IJ*f NOW, THEREFORE, BE IT RESOLVED that the city council of the City of Chula vista does hereby approve the Second Amendment to agreement between the City of Chula vista and the VTN Consultants, Inc., for engineering services during the construction of Telegraph Canyon Road/Otay Lakes Road Phase III, a copy of which is on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Second Amendment on behalf of the city of Chula vista. BE IT FURTHER RESOLVED that there is an increase in the "not-to-exceed" limits of the original contract from $301,000 to $331,360. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute modifications for future changes in scope of work an additional amount of $5,000 above the original authorization of $15,000 in the first amendment to the agreement and in the aggregate not to exceed $20,000 thus raising the cap on VTN Consultants, Inc. contract to $351,360. John P. Lippitt, Director of Public Works Approved as to form by Brut3: :'~y Attorney Presented by C,\RS\VTN2 J:J.t, J 13.. 8 _ ____m_._____ __________... mE CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. None 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. None 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. Gary Lipska, Project Manager David Ragland, Sr. Vice President 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Person is defined as: "Any individual, fim., co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trus~ receiver, syndicate, this and any other county, city and country, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary) Date: October 28, 1991 VTN CONSULTANTS, INC. or/applicant David B. Ragland Print or type name of contractor/applicant [Revised: 11130190] [A-l L1\A:D1SCLOSE.TXT] /3'7 . SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE VTN CONSULTANTS, INC., FOR ENGINEERING SERVICES this CHULA Inc. , This SECOND AMENDMENT to Agreement, made and entered into day of 1991, by and between the CITY OF VISTA, a municipal corporation (City) and VTN Consultants, a California corporation (Engineer). !11.:rH~~~:rHl. . WHEREAS, city and Engineer entered into an agreement dated March 7, 1989 for engineering design and construction supervision services for the improvement and widening of Telegraph canyon Road/Otay Lakes Road and paralleling channel and a portion of Otay Lakes Road, and amended said agreement on January 23, 1990 to provide for certain unanticipated tasks which arose during the course of performing said agreement, outside the scope of services in said agreement, and for which amendment was necessary, and, WHEREAS, other unanticipated tasks are now desired by the City, also requiring amendment. NOW, THEREFORE, the parties agree as follows: 1. Article III scope of Services, Phase II: Construction Phase, is amended by adding a new Paragraph 4 to read as follows: "4. Notwithstanding Engineer shall services: the preceding specific tasks, provide the following additional a. Field Services for imported earthwork quantities consisting of two survey cross- section surveys at 50+/- foot interval: (1) one at the time that embankment areas have been prepared; and (2) after import material has been compacted, in place. b. Construction Staking Services for: i. water facilities consisting of 930+/- lineal feet of 12 inch domestic water main in north-south portion of otay Lakes Road, including appurtenances and 3560+/- lineal feet of 16 inch, 12 inch and 8 inch reclaimed water mains, including appurtenances. 13"" " -2- i1. Median island curb in north-south otay Lakes Road consisting of one set of stakes for construction of 1,485+/- lineal feet of curb and gutter which defines the median island. c. Office Engineering Support services for: i. Earthwork analysis to determine volumes of earthwork using field cross-section data generated during the construction period for 1) alluvial removal and recompaction and 2) import material. i1. General engineering services to be furnished upon request to provide consultation during the construction period." 2. Article IV, Authorization, Progress and Completion, second paragraph, is amended by changing the date "July 31, 1990" to "July 31, 1991", and changing the date "December 31, 1991" to "November 30, 1992". 3. Article V, Changes in Scope is amended by changing the last sentence to read: Nevertheless, the Director of Public Works is hereby. authorized, without further Council action, to approve amendments to the scope of work and total amount of Engineer's compensation for services, as required by unforseen changes in the project in an total aggregate amount not to exceed $30,000. 4. Article VII, Engineer I s Fee and Method of Compensation is amended by by changing the first sentence of the first paragraph to read as follows: The Engineer shall perform the engineering and related services as set forth in Article III hereinabove for a not-to-exceed fee of Two Hundred Forty-Seven Thousand Dollars ($247,000.00) calculated in accordance with the attached fee schedule, not including payments made by the Director of Public Works pursuant to Article V as amended. And, adding at the end of the first paragraph, as amended on January 23, 1990: J 3-/fl -3- "In addition, for services listed in new Paragraph 4 of Article III, Scope of Services, Phase II, subparagraph a, Engineer shall be paid not to exceed $5,880; subparagraph b, Engineer shall be paid not to exceed $8,000; subparagraph c, Engineer shall be paid not to exceed $16,480." 5. Except as modified herein, all other terms and conditions of the original agreement and first amendment to the agreement remain as specified therein. IN WITNESS SECOND AMENDI1ENT to written. WHEREOF, the parties hereto have executed this Agreement on the day and year first-above CITY OF CHULA VISTA VTN CONSULTANTS, INC. Mayor of the City of Chula vista -1)~~ aJ2 ...-- David ~Ra~d Vice-Preside . ATTEST City Clerk Approved as to form by ~t.LJ ~ D. R1chard Rudol Assistant City Attorney " KJG:nm AN 012 (KJG\AMEND. FRM) J:J" /1 VTN Consultants, Inc. --._.......... 10525 Vista Sorrenlo Parkway Slllte :3()O San Die0o. CA 92121 FAX 619,1 f15U91bG olY I f15Ur~1;',\2 Ii September 19, 1991 File (11) Job No. 5353-02 Mr. Shale Hanson CITY OF CHULA VISTA Engineering Department 276 Fourth Avenue Chula Vista, CA 92010 Re: TELEGRAPH CANYON ROAD Dear Shale: Enclosed are two Work Orders for your review and consideration. The described tasks are related to both field survey and office engineering services during the construction period. One Work Order is related to the cross-sections in the alluvial removal area. The other Work Order includes all other tasks. The alluvial removal Work Order was issued separately in order to expedite your processing and approval. Please contact this office if additional clarification is needed. Very truly yours, '["":'::1 ., ..1 <<i,~ ,:,:, (.I') ";, c. ; ("11 ~';"\ "'I ;1' "'" 1\ (~ ;, ,\ '" '.~.: :~.,.:! ~ c.:> ~,f ".. ..... ," .-', ~ (,J 1'" \,;' :.' 4 (,,, ,1\" ~ q (,~ .- .~\ "1': cJI Cj SU~) Gary L~ska Project '~~ager GLL:mq enclosures J3"1:l VTN Consultsnts, Inc. _._............ ;i)~1)5 Vi~;ti.l ;)orfl~rlto f),lII-,I'.dY Suito jOU San Diego. CA 92121 FAX 619 /450.9186 619/450.9?12 W 0 R It Page 1 of 2 PROJECT MANAGER Gar sit DATE 9/19/91 REQUESTED BY Shale Hanson W.O.. 5353-02 PROJECT TELEGRAPH CANYON ROAD ESTIMATED COST $ 30.360.00 TIME & MATERIALS EST XXX TIME & MATERIALS NTE LUMP SUM DESCRIPTION OF WORK: 1. f/ FIELD SERVICES A. Imported Earthwork Ouantities: , Provide two survey cross-section surveys at 50x interval (1) one at the time that embankment areas have been prepared; and (2) after import material has been com- pacted/ in place. Based on assumed level of effort. 2-Man Survey Crew 45.0 Hrs. @ $l24/Hr. = $ 5/880.00 I~II. CONSTRUCTION STAKING SERVICES A. Water Facilities: 1. 930x L. F. of 12" domestic water main in north-south portion of Otay Lakes Road / including appurtenances. $ 1,300.00 2. 3/560x L.F. of 16"/ 12", and 8" reclaimed water mains, including appurtenances. $ 5,000.00 Ir B. Median Curb - North/South otav Lakes Road: 1. Provide one set of stakes for construction of 1/485x L.F. of curb and gutter which defines the median island. Ii $ 1,700.00 13"13 "",-"",,,.,---- - Page 2 of 2 W 0 R K o R D E R Garv Licska DATE 9/19/91 PROJECT MANAGER Shale Hanson w.o.. 5353-02 REQUESTED BY PROJECT TELEGRAPH CANYON ROAD TIME & MATERIALS EST XXX TIME & MATERIALS NTE LUMP SUM ESTIMATED COST S 30.360.00 DESCRIPTION OF WORK: III. OFFICE ENGINEERING SUPPORT SERVICES /, A (rr- -- . )?/ B. ,f) I},j,! . .j;,.JI ./ t .Y" l'(/ J" i ~"' fq Earthwork Anal vsis: Determine volumes of earthwork using field cross-section data generated during construction period. 1. Alluvial removal and recompaction. 2. Import material. Based on assumed level of effort. Survey Analyst 48.0 Hrs. @ $ 55/Hr. = $ 2,640.00 General Enoineerino Services: Upon request, provide consultation during construction period. Based on assumed level of effort. Sr. Project Manager 72.0 Hrs. @ $ 84/Hr. = $ 5,040.00 Associate Engineer 160.0 Hrs. @ 55/Hr. = 8,800.00 IF THE ABOVE MEETS WITH YOUR APPROVAL, PLEASE SIGN IN THE SPACE PROVIDED AND RETURN ONE COPY TO OUR OFFICE. APPROVED: DISTRIBUTION: CLIENT Citv of Chula vista BY: ACCOUNTING Sheri Corlett DATE: PROJ. MGR. GLL Maria Quintanilla UPON APPROVAL, THIS WORK ORDER BECOMES AN ADDENDUM TO THE ORIGINAL CONTRACT FOR SAID PROJECT. ALL TERMS AND AGREEMENTS OF ORIGINAL CONTRACT SHALL PREVAIL AND BE IN EFFECT ON THESE ADDITIONAL SERVICES. 13"'1 Ii l ,. COUNCIL AGENDA STATEMENT Item~ Meeting Date 1/23/90 ITEM TITLE: Resolution Amending contract with VTN Southwest, Inc. in connection with the improvement and widening of Telegraph Canyon Road/Otay Lakes Road Phase III (section between Apache Drive and Rutgers Avenue) SUBMITTED BY: Director of Public wor~~ REVIEWED BY: City Manager9fJd> (4/5ths Vote: Yes_Noll The City Council, by Resolution 13990 on March 7, 1989, approved an agreement between the City of Chula Vista and VTN Southwest, Inc. for the preparation of construction documents and plans necessary for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road Phase III (between Apache Drive and Rutgers Avenue) and a paralleling channel. Also, it included Otay Lakes Road to a distance approximately 1,000 feet north of Telegraph Canyon Road/Otay · Lakes Road intersection. The purpose of this report is to make the City Council aware of the status of the design phase of this project and approving various amendments to the original agreement caused by various changes in the scope of the work required. RECOMMENDATION: That Council approve: 1. An amendment to the original contract extending the time for completion of services under Phase I to July 31, 1990 (originally September 3D, 1989) and for completion of Phase II to December 31, 1991 (originally September 3D, 1990). 2. An increase in the "not to exceed" -limits of the original contract from $247,000 to $301,000. 3. An authorization for the Director of Public Works to execute contract modifications for future changes in scope of work for amounts in aggregate not to exceed $15,000. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: I. ~ect Scheduling Included in the original agreement approved by the City Council with VTN Southwest, Inc. was an attachment identifying the anticipated scheduling 13-' IF . \,. , I '-" Page 2, Item Meeting Date 1/2J/9U for the design phase of Telegraph Canyon and Otay Lakes Road and paralleling channel facilities. Attached is staff's latest anticipated scheduling for design and construction of this project. It was stated in the original agreement that Chula Vista, CalTrans and the Federal Highway Administration (FHWA) approval of the plans and specifications would be completed by September 1, 1989. au!" latest schedule indicates such approval can not be expected until July 31, 1990. This represents a delay of 11 months from that originally envisioned when the original agreement was executed by VTN. Several changes or modifications in the project required the Consultants to do additional work and studies not contemplated in the original agreement in order to get approvals for this project. Delays and changes were a result of several items including, but not totally 1 imfted to: 1. Reclaimed Water Line - Otay Water District requested staff to include in the design and construction of this project a reclaimed . water line to be constructed in the east/west portion of Telegraph Canyon/Otay Lakes Road. An agreement has been entered into between VTN and Otay Water District for the design of said reclaimed .water line. Said negotiations with the Otay Water District and revising the plans to include these items not only increased the scope of work but also delayed the project. The estimated delay due to this change is approximately three months. 2. During the construction of the portion that EastLake is doing east and west of this project, they indicated that they wanted to go to six lanes as opposed to the four that they originally submitted. Staff thought it would be appropriate to do the same thing with this project, however, it r~quired revising the environmental documents with approvals all the way through the Federal Highway Administration. Although this was a valid proposal, it did delay the project time wise approximately three months, some of which time did overlap with item number 1, above. 3. Settlement of Embankment Re uired for Construction of the Pro ect - e so s report prepare or construct on 0 t e pro ect sowed that the existing underlying material consists of alluvium which may settle up to six inches during the placement of the fill required for construction of the project. Resolving the phasing of construction and possible problems with the construction of various underground utilities required additional time and study and contributed approximately one month of delay. 4. There were further delays due to problems between City staff and approval agencies such as talTrans and the Federal government due to the staff's desire to grade the project for the ultimate six-lane prime arterial in the north/south portion. Even though 11~ /t, Page 3. Item Meeting Date 1/Z3/90 . this portion of the project would be only paved as a four-lane facility, the approval agencies indicated the extra grading would be considered growth inducing and the efforts required would greatly delay the project. Therefore, staff instructed the Consul tant to revi se the scope to only grade the project for a four-lane facility on the north/south section of Otay Lakes Road. This change caused a delay in the project of approximately two months and altered the scope of work originally contemplated. In addition to the above major items causing delays and changes in scope of work, other problems were encountered such as the consultant and staff attempting to lower the cost of the project by securing a permit to store dirt on nearby County property, staff and consultant reviewing the channel design to be consistent with adjacent projects and lower the cost. a more detailed check of the right-of-way plans by CalTrans, and other minor items, cumulatively, resulted in the total delay of 11 months. Inasmuch as staff believes the delays were caused through no fault of the consultant, it is recommended the amendments extending the completions of Phases I and II be approved. II. Increase in Contract Cost The original contract amount of $247,000 was based on original scope of work and design of the project. During the course of the project and in many of the issues discussed above, staff has seen the need to require extra work from the Consultant including preparing more detailed cross secti ons showi ng the natural ground el evati ons. modifi cati ons to the landscape and irrigation improvement plans. assisting the staff in preparing cost estimates for requests to the Navy Department for increased grant funds and. finally. major changes to the plans to build the entire project as a six-l ane project so as to coordinate with the changes to EastLake's project to the~ast and west.. All the above changes in scope have resul ted in the increasing of the contract price or the "not to exceed" figure by $54,000. Staff is also recommending that in order to continue the project in as fast a pace as possible that the Director of Public Works be authorized to approve increases in the scope of work up to an amount not to exceed an additional $15,000. (This additional authority would allow the "not to exceed" amount of $301.000 to increasei if necessary and approved by the Director of Public Works, to $316.000. III. Current Status of Project The following is a brief summary on the current status of this project. The major items are listed below; 1. The third plan check of the grading plan has been returned to the consul tanto J3"7 (, \ I Page 4. Item Meeting Date 1/Z3/9U 2. The second plan check of the improvement plans have been returned to the consultant. 3. Staff is working with the Navy to obtain an easement document for dedication of right-of-way adjacent to the Navy housing project. 4. The environmental reevaluation has been submitted to CalTrans for their review to allow the City to construct six lanes on the east/west segment rather than four. 5. CalTrans is presently reviewing the appraiser's report prepared by Neil Armstrong and Associates. Upon approval by CalTrans. our consultant will be negotiating with the Baldwin Company for acquisition of right-of-way south of Telegraph Canyon Road/Otay Lakes Road. 6. Staff has reviewed a preliminary draft of the specifications and has returned them to VTN consultants with comments. . 7. Staff is waiting for a draft agreement from Otay Water District regardi ng the install ati on of the various water lines associ ated with the construction of this project. FISCAL IMPACT: The original contract with VTN included their fee of $247.000 plus contingencies of $5.000. The contract modifications requested in this report will increase the "not to exceed" contract amount to $301.000. An additional $15,000 may be necessary for changes but only if approved by the Director of Public Works. Adequate funds are available in Account No. 621-621 0-ST131 B - Wi deni ng of Telegraph Canyon Road from Apache Drive to Rutgers Avenue. The City will be reimbursed a portion of the design costs from Federal Defense Access funds. . The remaining funding comes from FAU funds. Charter Point deposit and Transportation Development Impact Fees. . WPC 47S4E J'J--/Y RESOLUTION NO. 15471 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO AGREEMENT WITH VTN CONSULTANTS, INC. IN CONNECTION WITH THE IMPROVEMENT AND WIDENING OF TELEGRAPH CANYON ROAD/OTAY LAKES ROAD PHASE III (SECTION BETWEEN APACHE DRIVE AND RUTGERS AVENUE) The City Council of the City of Chula Vista does hereby resolve as foll ows: WHEREAS; City and Engineer entered into an agreement dated March 7, 1989 for engineering design and construction supervision services for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road and paralleling channel and a portion of Otay Lakes Road, and WHEREAS, certain unanticipated tasks arose during the course of performing said agreement which staff has requested Engineer to and Engineer has performed, outside the scope of services in said agreement and for which therefor amendment is necessary, and other unanticipated tasks are now desired by City, also requiring amendment, and ," WHEREAS, Ci ty determi ned to change the wi dth of Tel egraph Canyon from four to six lanes resulting in substantial changes to the Scope of Services and necessitating amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chul a Vi sta does hereby approve the Fi rst Amendment to Agreement between the City of Chula Vista and VTN Consultants, Inc. for engineering services in connecti on wi th the improvement and wi deni ng of Tel egraph Canyon Road/Otay Lakes Road Phase III (Section between Apache Drive and Rutgers Avenue), a copy of whi ch is attached hereto and incorporated herei n by reference as if set forth in full. . BE IT FURTHER RESOLVED that the Mayor of the Ci ty of Chul a Vi sta be, and he is hereby authori zed and di rected to execute sai d Fi rst Amendment for and on behalf of the City of Chula Vista. Presented by Approved as to form by /3-)' Revised 1/22/90 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE VTN CONSULTANTS, INC. FOR ENGINEERING SERVICES this CHULA INC. , This FIRST AMENDMENT to Agreement, made and 23rd day of January, 1990, by and between VISTA, a municipal corporation (City) and VTN a California corporation (Engineer). entered into the .CITY OF CONSULTANTS, ~.. WIT N E SSE T H : ----------- WHEREAS, City and Engineer entered into an agreement dated March 7, 1989 for engineering design and construction supervision services for the improvement and widening of Telegraph Canyon Road/Otay Lakes Road and paralleling channel and a portion of Otay Lakes Road, and WHEREAS, certain unanticipated tasks arose during the course of performing said agreement which staff has requested Engineer to and Engineer has performed, outside the scope of services in said agreement and for which therefor amendment is necessary, and other unanticipated tasks are now desired by City, also requiring amendment. NOW, THEREFORE, the parties agree as follows: 1. Article I Description of project is changing the last sentence in the third paragraph, the ultimate width of Telegraph Canyon Road to read: amended by referring to .The roadway will be graded and paved for an ultimate six-lane width (134').. 2. Article III Scope of Services, Phase I: Design Phase is amended by adding a new Paragraph 13 to read as follows: .13. Notwithstanding th'e preceding specific tasks, Engineer shall: a. Prepare .D. size sections at 50 east/west section sheets showing street cross foot intervals along the of the project. . b. Prepare landscaping and irrigation improvement drawings for a raised median island within the north/south portion of Otay Lakes Road. c. Perform a field survey of existing telephone of seven sites. for vertical elevations underground facilities J)....,)J -1-' ,--', , \i, ,o:::::...\~.......,\ . 5. Article VI Engineer's Fee and Method of Compensation is amended by adding at the end of the first paragraph: In addi tion, for services listed in Paragraph 13 of Article II I, Phase I, subparagraphs a through f, Engineer shall be. paid $29,577. For services listed in said paragraph, subparagraphs 9 through i, Engineer shall be paid not to exceed $24,305. 6. Except as modified herein, all other terms and 9onditions of the original agreement remain as specified therein. IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT to Agreement on the day and year first-above written. CITY OF CHULA VISTA VTN CONSULTANTS, INC. ~ ~.~ Mayor 0 ~ity 0 ~u1a V1"'~ {2 ATTEST (/lif!J7 Clt C er < .TAN Z4~ ',",0 R. Da e, Harvey, President Approved as to form by ~-~ t/u/9~ D. R1C ar 'Ru 01 Assistant City A orney 6753a -3- IJ'" j:J COUNCIL AGENDA STATEMENT REVIEWED BY: Item J If Meeting Date 11-12-91 Resolution I"'" I~ Authorizing the Mayor to execute a grant of easement to San Diego Gas and Electric in Lots Band E of Map 12503 Director of P_~~ ic Worksj ~ City Manager ~ J~ l? (4/Sths Vote: Yes_No..lL) In conjunction with the development of Rancho del Rey Phase 6, Unit 1, SDG&E has requested a grant of easements over Open Space Lot B and Park Lot E of Map 12503 to construct facilities serving the subdivision. ITEM TITLE: SUBMITTED BY: RECOMMENDATION: That the City Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: SDG&E has requested a grant of easements over a portion of Lots Band E along Rancho Del Rey Parkway in Phase 6 of the Rancho del Rey Subdivision. The purpose of the easements is to allow SDG&E to install underground el ectri c system facilities. The Parks and Recreation Department staff has reviewed the location of said easements and has determined that there is no confl ict with other uses for that property. The document granting the easements and the legal description have been reviewed by the Publ ic Works Department staff and is now before Council for acceptance. A plat is available for council viewing. FISCAL IMPACT: None. SLY:kpj/EY-296 WPC 5799E Itf-J , , l\ I: ., tl ,., PARK " !tl il ! LOT .' ! 'E' 4' x 20' EASEMENT l\l 'a .'l . ~ 5 - ~ . =1 " & . , .. . :."' ~ ~ ,. '-ac ~ J .... ,,;::~ ~ Id.r.:.l!:.'t.....:.-: ... ..... -, ~ . ~ ...,."..,. :. 5 t.'~ ., ".~. '... .4 ' ~. ~l :; . ." l" ;; .1 ~ ~ : .'- ~ !t 11 .. " 'I i; :~ ! ,- :~ . ,. ! ~ .. i ~ il ". .-.. .., "#1/ .. Ij VIciNITY MAP ..... III .' ",r. ".". t ;. ~ .. . ~ . .... . ~ ... S Ii .~ ~ ... It .. ~ ! . ~ . ! "- ... . t iii ,. - ! .. - :: . . I; . '" - -- 4- NO .sc:.AL.E:. ,'";fTiFl1' '-fT.f)' II ~ III S ~ f' ... ~ ~ '" .. ~ t\j . .. 0; . .."., I:! 4Jii..." . 4' x 30' EASEMENT . ~ LOT '8' OPEN SPACE . ., ...... I. . .,r..... .... FILE NO. e.V"Z,llJ6 OWN B'f: S.I:. OATE:IO" '!o I' ~ I (!;;ASE.ME:.NI.5 TO SD~ ~ E. /'1-.2. RESOLUTION NO. J('I/I~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE A GRANT OF EASEMENT TO SAN DIEGO GAS AND ELECTRIC IN LOTS B AND E OF MAP 12503 The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, in'conjunction with the development of Rancho del Rey Phase 6, Unit 1, SDG&E has requested a grant of easement over Open Space Lot B and Park Lot E of Map 12503 to construct facilities serving the subdivision. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula vista does hereby authorize the Mayor to execute a grant of easement to San Diego Gas and Electric in Lots Band E of Map 12503, a copy of which is on file in the office of the City Clerk. Presented by Approved as to form by B~C~ ~a~ Attorney John P. Lippitt, Director of Public Works C:\RS\SDG&E 1'-1-3 COUNCIL AGENDA STATEMENT Item 1.5' ITEM TITLE: Meeting Date 11-12-91 Resol ution II, 1./ /3 Accepting contract work for Implementation of the Chula Vista Paint Facility Technical Clean-up Plan for Publ ic Works yard at 707 F Street in the City; approving change order No. 1 and authorizing the Director of Public Works to execute it in behalf of the City Director of Public work~~ City ManagerGl...1(, (4/Sthe Vote: Yes_No..lL) SUBMITTED BY: REVIEWED BY: On August 28, 1990, the City Council, by Resolution No. 15821, awarded a contract in the amount of 294,000.00 (including contingencies) to American Processing Co. Inc. for the removal of the paint pit located at the City corporation yard. The work is now complete. To complete the project, however, it was necessary to modify the contract to accommodate the soil treatment/disposal requirements imposed on the City by the Regul atory Agenci es. The net effect of the change order was to decrease the contract to $84,187.94. RECOMMENDATION: That Counc il approve the reso 1 ut i on accept i ng the contract work; approving change order No. 1 and authorizing the Director of Publ ic Works to execute it in behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: American Processing Co. Inc. completed the removal and disposal of the vertical paint pit, excavation and stockpiling of the contaminated soil, backfi 11 i ng the excavation wi th stock pil ed materi a 1 deemed reusabl e (by the Regulatory Agencies), importing additional backfill, repaving the site and treatment and hauling to a disposal site (Otay land fill) of the contaminated non-hazardous soil. The work was accompl ished by the contractor in close coordination with the Regulatory Agencies and TorStan, Inc., our consultant for the project. Due to the nature of the work and the complexity of the contami nat ion issues whi ch needed to be addressed, the project 1 asted for 1 year. The change order for thi s project was necessary to address the methods of treatment and disposal of the contaminated non-hazardous soil excavated at the site. The stockpiled material was treated on site and ultimately was approved for di sposa 1 at the Otay 1 and fi 11 . These portions of the contract were accomplished on a time and material basis and resulted in the savings of $209,812.06 ($294,000.00 less $84,187.94) to the City. Reso 1 ut i on No. 12507, requi res that any change in the contract (i ncrease or decrease) in excess of $10,000 be submitted to the City Council for consideration. J.5'-' I Page 2, Item Meeting Date 15" 11-12-91 The completion of the work done by American Processing Co., Inc., however, did not fullfill our total obligation as setforth in the Specific Technical Clean Up Plan as approved by the Regional Water Quality Control Board (RWQCB). The City still needs to cleanup the groundwater contamination caused by the paint pit. Due to the di scovery of groundwater contami nat i on from an off site location the RWQCB has granted the City an extension on the time 1 imit for cl eani ng the ground water pendi ng further analys is of the off site contami nat i on site. We shall return to Council with a report on thi smatter once more information is received from our consultant, TorStan, Inc. FINANCIAL STATEMENT: I. Appropriated Funds (RD 215) Tota 1 $294,000.00 22,000.00 $316,000.00 a. Construction b. Staff II. Contract Amount as Awarded $294,000.00 a. Construction (American Processing Co., Inc.) $238,186.72 original contract and contingencies b. Staff Total 22,000.00 $316,000.00 III. Actual Expenditures a. Construction (American Processing Co., Inc.) b. USTE Inc. (Material Testing Services) Sub- Total $ 84,187.94 1,270.08 $ 85,458.02 $ 27,056.73 c. Staff Includes 2.558 full cost recovery factor, inception to October 3, 1991 (latest available figure). Total $112,514.75 FISCAL IMPACT: The costs summarized above were incurred in the remova lldi sposa 1 of the pai nt pit and contami nated soil s associ ated wi th the pit. In addition, we anticipated further expenditures to complete all of the services for cleaning up the site and monitoring the groundwater for five years as required by the RWQCB. WPC 5798E I>' .l RESOLUTION NO. I ~ '" I j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING CONTRACT WORK FOR IMPLEMENTATION OF THE CHULA VISTA PAINT FACILITY TECHNICAL CLEAN-UP PLAN FOR PUBLIC WORKS YARD AT 707 F STREET IN THE CITY; APPROVING CHANGE ORDER NO. 1 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE IT ON BEHALF OF THE CITY The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, on August 28, 1990, the City council, by Resolution No. 15821, awarded a contract in the amount of $294,000 (including contingencies) to American Processing Co. Inc. for the removal of the paint pit located at the city corporation yard; and WHEREAS, the work is now complete, however, it was necessary to modify the contract to accommodate the soil treatment/disposal requirements imposed on the City by the Regulatory Agencies; and WHEREAS, the net effect of the change order was to decrease the contract to $84,187.94. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept the contract work for implementation of the Chula vista Paint Facility Technical Clean-up Plan for the Public Works Yard at 707 F Street in the city of Chula vista. BE IT FURTHER RESOLVED that the city Council does hereby approve Change Order No. I and authorize the Director of Public Works to execute said change order on behalf of the city. Presented by Approved as to form by Ii- ih. John P. Lippitt, Director of Public Works Bruce M. Boogaar Attorney City C:\RS\paint pit 15-- 3 COUNCIL AGENDA STATEMENT Item It, Meeting Date 11/12/91 Report Regarding the Development Impact Fee Funds for the Fiscal Year Ended June 30, 1991 SUBMITTED BY: Director of Finance~ '1(.. b REVIEWED BY: City Manager~~1 (4/5THS Vote: Yes___No-K-) ITEM TITLE: Assembly Bill no. 518 requires the local agencies assessing Development Impact Fees to make available to the public the beginning and ending balance for the fiscal year and the fee, interest, other income and the amount of expenditures by public facility and refunds made during the fiscal year. It also requires that the local agency review this information at a public meeting. The attached report includes the required financial information for the fiscal year ended June 30, 1991. RECOMMENDATION: That Council accept the report. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The City of Chula vista has three types of Development Impact Fees ("DIF") assessed during the fiscal year ended June 30, 1991. 1. Transportation 2. Drainage 3. Public Facilities The public facilities DIF includes the following categories: Public Facilities DIF Administration Civic Center Police Facility Corporation Yard Library Fire suppression Geographic Information Systems Mainframe Computer System Telephone System Records Management I" --I Page 2, Item /~ Meeting Date 11/12/91 The attached report lists the following items: The beginning balances as of July 1, 1990 for each Public Facilities' Fund, Drainage, and Transportation Funds. The DIF fees received during the fiscal year ended June 30, 1991. The interest earned from investing the cash balances available in each DIF fund during the fiscal year ended June 30, 1991. The expenditures incurred by each of the DIF funds during the fiscal year ended June 30, 1991. Transfers out to the general fund as approved by city Council during FY 1990-91. Repayment of loan payable to the general fund for the Police Facility RemOdeling Project. Refunds to Developers of their remaining DIF credit during the fiscal year ended June 30, 1991. The ending balances as of June 30, 1991 for each of the DIF funds. The ending balances as of June 30, 1991 have been audited, however, the audit report is not available yet. FISCAL IMPACT: Not Applicable. J(,-.2. '" " z " ~ w.... ~!!l 0. ....w U", "" o.~ E"" -;:; ....z z"" wz E- o.~ o ~ w > w " 0; ~ o .... .... Z OW S1Elfig l::l.._ w""'" "'z ;! w i!i~ ~tig; w>-'" ~'" w .... w ~ e:~1 :ZOO II :;: n E " " " " " " " " " " " " " " " " " " " " " " " " " " " " u -'" z>- 0."'.... :loal 8~ w_ .. 0. 0. "E "'W'" ....0 W"'''' "'>- -'" ~ >- ~~ "'0 "'''' ~ 0.0,{ lli"'iiS l::l~ , " " " >- " WI- II U_l""lll _...Jon -'_COil 00 II Q.cC II ~ " " " " " e:i!i u_ "'N UZO -",,'" >0. -x uw u "" ~Z u;;:c ::;li!'" '" " 0. , " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " ~ II " .... " 0. " " '" " u " '" " w " " " " " " " " " " " zw >-.. u""'" ZN ~-'" W"" ....'" o Z .... lli~_ il:_N "'''''' Z :l .... o "'''' r::- N' o 00 g. ",' o .... '" ~ .... ~ .... ~ "'. ~ .... .... o :z. ~ '" :g ~. .... al .... .. N ~ '" N' :;:; - ~ N N .... o g .. ~ '" .. o '" .... c ~ o " g m m '" 1! ::> ~ '" " '" NO '" .. N - "'.. "'N ..'" rt:J'"' -0" .... "'0 _0 .. '" -.... "'.... ~~.~ ..~ 0 ~"t-.." <0.. N ....'" ....~ .......'4'.. 0_ _N .... ....0 '" N .... N NO "'''' "0 ~.~. .. ~..~.. :;:;- ~~ ....0 "..".. ~ 0'" .. ~ ........ ....~ ~:; 0:0: "C ~ '" u c ".- "'c ~ ~ m 3w C~ " c H "'~ ....~ ~ " " > " c ~- ~ N' o g. ",' N '" .. N .... :; ~ .. '" N ~ - - ~ .... .... .... '" ~ ;;; .... .... '" N '" N N ~ ~ .... N ~ '" Ie ",' '" .... N '" :z $ ~. .... ~ " ::> c " > " '" m ~ o .... ~ o ~ 000 ~ ~ N .. N r::' ~ 000 co .. ~. ~ 000 <8 ..... - ~ 000 ;:e N e 000 ~ ~ o .. ~ ~ 000' It'l o .. ~ ~ ~ .... o e ~ NOO ~ ..... .. N ~ .. N o ~ ~ ~~ 000 ~- N'" ,.;"... ~~ ~~ ;::: o o '" ~ 000 ~ .... ~ '" ~. - ~ ioo .... ~ ~ '" ~ .... ~. ~ 000 ;::: .... ..... ~ ~ OO~ ..... - ~ ~ " ~ ::> ~ ~ 8- " w ] ~ ~ ~ ,,8- (/)"1lI0 G.I.......u_ :g6o~ ...........CIl " ~c~ QI_,+- 0 U 0 ~ ~~> ~ G.I ca r.Il O~o.] "'~ C C t..1lI1O.... Cl) l... 0 G.I ..r::1-...JCll: ~ o II.-J ~ o ~ ~ ~ N ~ ~ co :; & ~ ..... - ~ ;e N e ~ ..... N ~ ~ ",' e ;::: o o t ;::: ;::: .. N ~ ~ '" ~ .... ~. ~ ~ N '" ..' IC ~ ~ ~ ~ " " ~~ ~" O~ ..~ " ~ u " ~ S Il ~'" '2 8- " w ~ ~ .... N ~ ~ N o .... o .... ~ ~ '" N '" i ~ g. ~ ,.: '" ~ N' .. .. - ;;; II ., ;g .... .. ;;;. ~ .... " " " ~ " - " " ~ - .... - ~ ~ ..... '" o ;::: IC ",' N ~ ;::: .. " ." '" " .. " - " " " " " " " re n '" " ~"!! N " ." ~ " " " " 0; .... o .... .... '" o m '" ] ~ m ~ o .... ~ '2 w COUNCIL AGENDA STATEMENT Item 17 Meet 1 ng Date 111l2/9.1 ITEM TITLE: Public Hearing (continued): PCA-91-06; Consideration of an amendment to the Mun i c i pa 1 Code to delete certa in procedural requirements for churches that provide temporary shelter for the homeless - City initiated Ordinance .2'1y,5" Enacting PCA-91-06 SUBMITTED BY: Director of Planning /~~ REVIEWED BY: City Manager~~)<- (4/5ths Vote: Yes_No...X.J k" The Interfaith Shelter Network, which sponsors and coordinates a temporary, rotational homeless shelter program involving churches throughout the County, has requested that the City consider streaml ining certain local procedural requi rements whi ch now apply to churches that wi sh to part i ci pate in the program. This item was continued from the meetin, of November 5, 1991, in order to correct typograpn1cal errors 1n tne 0 Olnance pres.m"eu ell Council for adoption. The ordinance has also been revised to respond to the following two concerns expressed by Council at the meeting: 1. The prior amendments deleted altogether the requirement for a church to notice surrounding residents of the intended shelter use. The present amendments now require an initial noticing but no notice thereafter provided the church continues to provide shelter each year. 2. The prior amendments retained the requirement for prescreening of shelter guests but deleted the requirement to submit details on the prescreening agency and criteria. This requirement has been retained in the present amendments. The proposed amendment would allow churches to provide shelter for the home 1 ess for two weeks per year without the necessi ty to secure a zoni ng permit or to notice surrounding residents each year prior to providing the shelter services. This project is exempt from environmental review as a categorical exemption, Class 23 Section 15323. RECOMMENDATION: That Council approve the ordinance enacting PCA-91-06. J?-I Page 2, Item Meeting Date 17 11/J?191 BOARDS/COMMISSIONS RECOMMENDATION: Conservation Commission voted 4-3 amendments. On September 23, 1991, to recommend against the Resource approvi ng the On September 25, 1991, the Pl anning Commission voted 4-0 to recommend that Council approve the amendments in accordance with Resolution PCA-91-06. The amendments considered by the Resource Conservation and Planning Commissions did not include the two revisions noted above. DISCUSSION: The City has recognized that the prov1S10n of shelter for the homeless is an appropriate function of community churches where permanent facilities are adequate to support such act i vit i es. The current standards requi re churches to secure a zoning permit, notice surrounding residents, and prepare other supporting information on an annual basis in order to participate in the shelter program. Although staff has attempted to assist in the process in any way possible, including the preparation of mailing labels to meet the noticing requirement, the process has been perceived as an unnecessary burden by some of the churches participating in the program. After three years experience with the program, the Planning Department has not received any responses or objections resulting from the notification sent to adjacent property owners regardi ng the church shelter operations. Further, neither the Planning or Police Departments, nor the Code Enforcement Officer, have any record of complaints regarding the temporary shelters. Because the use of churches as shelters is deemed appropriate and necessary by the City, and since no concerns or complaints have been voiced by neighboring residents regarding the use, it would appear appropriate to amend the requirements in order to simplify the process, while maintaining the time limitations and the substantive standards regarding size, supervision and adherence to health and safety regulations. For example, a church could still not serve as a shelter for more than two weeks per year without the express approval of the Zoning Administrator. The proposed amendments are attached hereto as Exhibit A. FISCAL IMPACT: Not applicable. WPC 9807P J 7- J. EXHIBIT A 19.58.110 Church, hospital, convalescent hospital, religious or eleemosynary institution. Any church, hospital, convalescent hospital or other religious or eleemosynary institution in any R zone shall be located on collector street or thoroughfare with a minimum parcel of one acre, shall maintain a ten-foot wide minimum landscaped strip or solid six-foot fence or masonry wall on all property 1 ines abutting said R zone, except that said fence or wall may be reduced to three and one-half feet in a landscaped front setback area not containing parking facilities, and shall have side yard and rear yard setbacks of at 1 east twenty feet and a front yard setback of at 1 east twenty feet. These shall be considered guidel ines rather than standards in the case of churches. The provision of temporary shelter for the homeless in accordance with the following standards and requirements is considered accessory to church use subj ect to ~~~I /WWit#t I NI I~I I#fi#:i /t#;...!.t como 1 i ance wi th the fo 11 owi na standards: 1. A shelter may accommodate a maximum of 12 guests for no more than two weeks per year. An additional one hundred eighty (180) days may be authori zed by the Zoni ng Admi ni strator provided no oppos it i on has been expressed by surrounding property owners or residents. 2. The guests shall be prescreened by a recognized social service agency to determine resident suitabil ity. Active alcohol or drug abusers as well as those with criminal convictions of a felony or any crime of violence or significant mental illness shall be excluded from the program. Supervision shall be provided at all times both on-site and during arrivals and departures from the shelter. 3. A floor plan and set-up of the space to be occupied shall be submitted along with a description of the ~(Yr~tllptppp~~'lltpIIJ~t)p~ftll~ prescreening agency and criteria'llptpp~~~p~II~II,~v~tyr~rV~III~~~ ~t~~~pl~/pf/~ppf~/~~~/~ttj~jtj~~. ~J A post set-up, pre-shelter inspection shall be conducted by the City in order to determi ne comp 1 i ance with app 1 i cab 1 e bu il ding, health, safety and fire regulations. h 'N IM//t.vpyrr/t.~r A church which is orovidina shelter for the first time. or which has not orovided shelter in the last 18 months shall provide the City with certification that written notice of the proposal has been given to properties within 300 ft. of the shelter site. The host congregation is encouraged to hold a neighborhood meeting to inform residents of the proposal and answer questions well before the commencement date. %J l~~III~ppljt~tjp~lllfpfllltp~j~~lllp~f~jt'III~~tlpplllpl~~'III~pppl~~~~t~l j~fpf~~tjp~/~/r/~trrrrr/t.rrv~/ptIAfqyYq~/~~~ll/~/~~~rrr~~1~~trvll~ ~~/~/pfjptltplt~~/tp~~~~t~~~~t/~~t~J ~ 7J The tp~j~~lllp~f~jt shelter may be subject to j~~~j~t~ f~~pt~UP~ closure for the violation of the standards or substantiated report of neighborhood disturbance. Q... 'N Shelter proposal s beyond the 1 imits noted in item #1 above are considered conditional uses subject to the approval of a conditional use permit. (Ord. 2290 ~ 1 1989: Ord. 2287 ~ 2 1988: Ord. 2285 ~ 1, 1988: Ord. 1356 ~ 1 (part), 1971: Ord. 1212 ~ 1 (part), 1969: prior code ~ 33.901(B)(10}.} IIIII - Deletions - Add it ions WPC 9801P J 7' ) /1'1-1 Ii' COUNCIL AGENDA STATEMENT Item~ ' Meeting Date 11/12/91 ITEM TITLE: PCM-92-01: Amendment to the Rancho del Rey Specific Plan boundaries and an amendment to SPAs I, II and III by incorporating and designating community purpose facility sites - Rancho del Rey Partnership Ordinance l'l87 Approving PCM-92-01 SUBMITTED BY: Director of Planning ~~ REVIEWED BY: City Manager 6~~~~ (4/5ths Vote: Yes___No-X-) The applicant is requesting an amendment to the Rancho Del Rey SPA I boundari es to i ncl ude two parcel s total i ng 13.7 acres and amendments to SPAs I, II, and III in order to incorporate and designate certain sites for commun i ty purpose fac i 1 it i es as requ i red by the recently adopted "Commun i ty Purpose Facility Ordinance (No. 2452A)." The Environmental Review Coordinator conducted an Initial Study, IS-92-01, of potential environmental impacts associated with the implementation of the project. Based on the attached Ini t i a 1 Study and comments thereon, if any, the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS-92-01. RECOMMENDATION: That Council adopt the ordinance approving PCM-92-01. BOARDS/COMMISSIONS RECOMMENDATION: On Commission voted 5-0 to recommend that accordance with Resolution PCM-92-01. October 9, 1991, the Planning Council approve the amendments in DISCUSSION: 1. Community Purpose Facility Ordinance In April 1991, the City Council adopted an ordinance (No. 2452A) amending Title 19 (Zoning Ordinance) of the Municipal Code requiring that community purpose facility sites be set aside within the Planned Community (PC) zones. The amount of land to be set aside for those uses is 1.39 net usable acres for every 1,000 population projected within the project boundaries. 2. Rancho Del Rey SPA III and Tentative Map In March 1991, prior to the adoption of the Community Purpose Facility Ordinance, the City Council conditionally approved Rancho Del Rey Sectional Planning Area (SPA) III. One of the conditions (#17) was, "Rancho Del Rey SPAs I, II, and III shall comply with any future ordi nance of the Ci ty that woul d set requi rements for des ignat i on of commun i ty purpose facil ity acreage. The commi tment shall be sat i sfi ed pri or to the recordation of any fi na 1 map for the SPA I II area." IK-I Page 2, Item / r Meeting Date 11/12/91 In July 1991, the City Council conditionally approved the tentative map for Rancho Del Rey SPA III, CVT 92-02. Again, one of the conditions was compl iance with the CPF ordinance with the added proviso that "Areas of consideration for qualification must be within the areas of SPAs I, II or III. " 3. Estimated Population of Rancho Del Rey In order to determine the amount of land which must be set aside for community purpose facil it i es, the potent i a 1 popul at i on of the project must first be determined. The applicant has submitted the following table. TABLE I Rancho Del Rev Estimated PODulation Persons Estimated Residential Area Units* DU** PODulation SPA I Apts. (R-15) 500 2.192 1,096 SPA I Condo. (R-14) 147 2.794 411 SPA I Condo. (R-13) 13B 2.794 3B6 SPA I Condo. (R-12) 180 2.794 503 SPA III Seniors (R-7) 588 2.192 1,289 SPA III Condo. (R-6) 228 2.794 637 SFD (all SPAs) 2.268 3.213 7.287 TOTALS 4,069 11 ,608 *Count from most current approval (SPA Plan, TM or site plan). **Population factors from Chula Vista Planning Department based on January 1, 1990 State Department of Finance figures Based on an estimated population of 11,608, the Rancho Del Rey project should contain 16.1 acres (11,608/1,000 X 1.39 = 16.1) 4. Community Purpose Facility Sites The applicant has identified five (5) potential sites totaling 25.2 acres gross, 19.7 acres net, for community purpose facil it i es (see Exhi bit A). Two of the sites are not owned by the applicant and are currently outside the boundari es of Rancho Del Rey project. However, the two si tes are located within the El Rancho Del Rey Specific Pl an and are zoned PC (Planned Community) the same as the Rancho Del Rey Project. Part of the applicant's request is to include these two parcels within the boundaries of SPA 1. rl' ). Page 3, Item J ~ Meeting Date 11/12/91 TABLE II Parcel AcreaQe Statistics Parcel/Site Gross Acres Net Acres 1. SPA I - YMCA 2. SPA I - Pilgrim Lutheran 3. SPA I - Methodist Church' 4. SPA II Site 5. SPA III Site 4.5 4.0 10.0 6.1 3.7 3.5 5.0 5.0 .LQ .L.l TOTAL ACRES 25.2 gross ac. 19.7 net ac. Based on the above table, the proposed net acreage exceeds the community purpose facil i ty acreage requi rement by 3.6 acres (19.7 acres proposed minus 16.1 acres required). 5. Site Description The following is a description of each proposed site. Site #1 - This is a 4.5 acre parcel with 4.0 usable acres located at the southeast quadrant of Paseo Ranchero and the easterly segment of Rancho De 1 Rey Parkway withi n SPA 1. The site has been donated to the 1 oca 1 YMCA by the developer and will be developed with a community recreation facil ity. Site #2 - This is a 10.0 acre parcel with 6.1 usable acres located at the northwest corner of East H Street and Buena Vi sta Way. The property is owned by the Pilgrim Evangelical Lutheran Church which has obtained prel imi nary approval s to buil d a church/school compl ex. The developer and the church have negot i ated 1 and exchanges because of road al ignments. The church has agreed to being included within the boundaries of SPA I. Site #3 - This is a 3.7 acre parcel with 3.5 usable acres located at the southeast corner of East H Street and Paseo Ranchero. The property was owned by the Chula Vista Elementary School District when the Rancho Del Rey project was approved and was not included within the project boundaries. It has since been purchased by the developer who is in process of selling it to a Methodist Church. This site is also proposed to be included in SPA I. Site #4 - This is an entirely usable 5.0 acre parcel located at the southwest corner of Huerto Pl ace and the westerly segment of Rancho Del Rey Parkway opposite the easterly terminus of Terra Nova Drive. The site is located within SPA II and has been designated on the plan for quasi-public use. The actual use is yet to be determined. J gt,. j Page 4, Item Meeting Date I~ 11/12/91 Site #5 - This is a 2.0 acre parcel with 1.1 usable acres located at the northeast corner of Paseo Ladera and Paseo Entrada. The property is located within SPA III and has been designated on the plan for a community purpose facil ity. Actual use of the property is still to be determined. 6. District Regulations Community facilities, public and quasi-public uses within the Rancho Del Rey project are allowed in the areas of the plan designated as open space. There are three categori es of open space and the uses may be permitted, not permitted, or subject to a conditional use permit and administrative review. Within the open space areas, other uses besides community purpose facilities may also be permitted. The applicant has submitted district regulations for areas designated for community purpose facilities. The proposed regulations restrict said designated areas to defined community purpose facil ities and establ ishes approval procedures, setbacks, parking requirements, and sign criteria. ANALYSIS: 1. The community purpose facility acreage requirement for the Rancho Del Rey project is 16.1 net usable acres (11,608 population - 1,000 x 1.39). The appl icant has proposed five sites with a combined net usable acreage of 19.7 acres, exceeding the requirement by 3.6 acres. However, in order to achieve this total, two sites must be included within the boundaries of the planned community. The proposed sites are within the El Rancho Del Rey Specific Plan and the developer has either owned or been involved with a land exchange with the specific properties. Therefore, the developer has had some vested interest with the proposed sites and their inclusion into the project boundaries is reasonable. 2. From a locational perspective, each site is well suited for the proposed uses. The sites are either located on a major street or residential collector and therefore, have good access. It is, therefore, recommended that the proposed request be approved. FISCAL IMPACT: Not applicable. .WPC 9931P It' 'I '...____---.....1;3."'...- PF Sites Commurnty Purpos~ Facilities I . 1 YMCA 2 PILGRIM LUTHERAN · 8 METHODIST CHURCH. " SPA II SITE 6 SPA III SITE .r:. ...-.. ClS-1 i \ ....111 1M I ~ CPF Sites E:3 SPA Bcu1daries . PABC.L8 ADDIlD TO SPA I ...... . -- EXHIBIT cCA" RANCHO DEL REY SPA AMENDMENT/REZONE J,..5) LOCATOR COMMUNITY PURPOSE FACILITIES . . EXHIBIT ccB" I, xx. COHHURXTY PURPOSB PACXLXTY DXSTRXCT RBGOLATXONS A. PURPOSB The Community Purpose Facility (CPF) District is established to provide designated sites for specific public and quasi-public uses which are necessary to meet the social, spiritual, and service needs of the resident population. These sites are provided to meet the adopted standard of 1.39 acres of community purpose facilities per 1000 project population (Ordinance No. 2452). B. PBRK%TTBD USBS Only those uses which meet the specifications of .Community Purpose Facility" below shall be permitted in the CPF District. .Community Purpose Facility. means a structure for assembly, as well as ancillary uses such as a parking lot and outdoor activity areas, within a planned community, including but not limited to those which serve the following types of purposes: 1. Boy scouts, girl scouts, and other similar organizations; 2. Social and human service activities, such as Alcoholics Anonymous; 3. Services for homeless persons; 4. Services for military personnel during the holidays; 5. Senior care and recreation; 6. Worship, spiritual growth and development, and teaching of traditional family values; and, 7. Day care facilities and/or private schools which are ancillary to any of the above. c. PROPERTY DBVELOPMDIT STANDARDS All development within the CPF District shall receive site plan and architectural approval from the Chula Vista Design Review Commit- tee. Dimensions shown on the approved site plan shall constitute the applicable development standards for the project, except that the following minimum standards shall apply where a CPF District adjoins a residential district: 1. A minimum 10 foot wide landscaped strip or minimum 6 foot solid wall or fence shall be maintained on any property line abutting a residential zone. 1 Ir:-t, . . / . 2. Said wall or fence may be reduced to 42 inches in a landscaped front yard setback which does not contain parking facilities. 3. Front, rear and side yard setbacks shall be a minimum of 20 feet. D~ OFF-STREET PARKING REQUIREHEHTS All off-street parking areas shall comply with the provisions of Section XIII.3 of the Rancho del Rey SPA I PC Regulations with regard to space size and geometries. Parking areas within the CPF District shall also comply with the Special Requirements for improvements, landscaping and lighting indicated in that section. The relevant Performance Standards of section XIII.4 shall also apply. Off-street parking shall be provided a~cording to the following sChedule: ll9 1. Day nurseries, day care schools 2. Convalescent andl or nursing homes 3. Churches, convents, monasteries, other religions instit- utions, and other spaces of public assembly other uses 4. Handicaooed parkina Reauirements MINIMUM OFF-STREET PARKING REOUIRED 1 spacelstaff member plus 1 space/5 5 children or 1 space/lO children if adequate drop-off facilities are provided. Drop-off facilities must be designed to accommodate a contin- uous flow of passenger vehicles safely loading and unloading chil- dren. The adequacy of drop-off facilities shall be determined by the Director of Planning. 1 space/3 beds. 1 space/3.5 seats within the main auditorium or 1 space/45 square feet of gross floor area within the main auditorium where there are no fixed seats. As determined by the Director of Planning Handicapped parking requirements are established by the State of California. The parking standards contained in this section are identical to those established by the State. Any future change in the State handicapped parking standards shall 2 Ii'''? . . I , ,- " preempt the requirements of this section. Handicapped parkinq spaces shall be provided for all uses at the followinq rate and shall be counted toward the off-street parkinq require- ment: Number of Automobile SDaces Provided Number of Handicapped Sn&CeB Reauired 1 2 3 4 5 6 7 7 + 1 for each 200 addi- tional automobile spaces provided 5. Handicapped parkinq spaces required by this section shall count toward fulfillinq standard automobile parkinq requirements. 1 - 40 41 - 80 81 - 120 121 - 160 161 - 300 301 - 400 401 - 500 Over 500 .. B. SIGNS Uses within the CPF District shall be allowed the followinq siqns: 1. All sites shall be allowed freestandinq, monument siqns as permitted within the Rancho del Rey Planned Community. 2. Churches: One wall siqn, not to exceed 30 square feet in area, and one bulletin board or announcement siqn, not to exceed 24 square feet in area and 10 feet in heiqht. Any bulletin board or announcement siqn not attached flat against the building shall maintain a 10 foot setback from all streets. 3. Other uses: One wall sign, not to exceed 30 square feet in area, and one bulletin board or announcement siqn, not to exceed 50 square feet in area and 12 feet in height. Any bulletin board or announcement sign not attached flat against the building shall maintain a 10 foot setback from all streets. 4. Special event signs: a. Any use may request a permit for the temporary use of a sign announcing a special event. Wall or freestanding siqns of paper, cardboard, plastic or fabric are permitted, provided that the zoninq administrator finds that the copy, color, and design of the sign will not adversely affect the 8 18"'1/ <. . J . order, amenity, or residential enjoyment of the neighborhood in which it is located. b. Special event signs shall be located on the premis- es of the institution or organization having the special event and shall be not more than five feet in height, nor more than 25 square feet in area. Freestanding signs shall maintain a minimum 10 foot setback from any street. One sign on each street frontage shall be allowed. c. Upon application for a permit, the applicant shall submit a statement and diagram noting the nature of the special event and indicating. the location, size, copy, and colors of the proposed sign. A permit for a special event sign shall be valid for seven consecutive days. Not more than six special event sign permits shall be issued to anyone institution or organization per calendar year. 1'. SPEC:IAL ADKIlf:ISTRAT:ION Notwithstanding any provision of these regulations, the conditional use approval (City Council Resolution No. 12316; PCC-84-11) granted to the parcel at the northwest corner of East "H" street and Buena Vista Way shall remain in force and full effect. The Master Plan approval granted by the Chula Vista Design Review Committee for this parcel (PCM-87-14) shall also remain .,in full effect. No portion of these regulations shall be interpreted to contradict, negate, or otherwise modify the approvals granted for the church I school facility proposed for this site which is wholly consistent with the purposes of this district. " J 8';'1 !!fJ"1'I ORDINANCE NO. 2~r.s AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.58.110 OF THE CHULA VISTA MUNICIPAL CODE TO DELETE CERTAIN PROCEDURAL REQUIREMENTS FOR CHURCHES THAT PROVIDE TEMPORARY SHELTER FOR THE HOMELESS WHEREAS, the Interfaith Shelter Network, which sponsors and coordinates a temporary, rotational homeless shelter program involving churches throughout the county, has requested that the city consider streamlining certain local procedural requirements which now apply to churches that wish to participate in the program; and WHEREAS, the proposed amendment would allow churches to provide shelter for the homeless for two weeks per year without the necessity to secure a zoning permit or to notice surrounding residents each year prior to providing the shelter services; and WHEREAS, the project is exempt from environmental review as a categorical exemption, Class 23 section 1532. The City Council of the City of Chula vista does hereby ordain as follows: SECTION I: That Section 19.58.110 of the Chula vista Municipal Code is hereby amended to read as follows: Sec. 19.58.110 Church, hospital, convalescent hospital, religious or eleemosynary institution. Any church, hospital, convalescent hospital or other religious or eleemosynary institution in any R zone shall be located on collector street or thoroughfare with a minimum parcel of one acre, shall maintain a ten-foot wide minimum landscaped strip or solid six-foot fence or masonry wall on all property lines abutting said R zone, except that said fence or wall may be reduced to three and one-half feet in a landscaped front setback area not containing parking facilities, and shall have side yard and rear yard setbacks of at least twenty feet and a front yard setback of at least twenty feet. These shall be considered guidelines rather than standards in the case of churches. The provision of temporary shelter for the homeless in accordance with the following standards aRd requirements is considered accessory to church use subject to t;fte 1 I~' - ~ " . . .. .. THE CITY OF CHUlA nsTA PAR7Y DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contnbutions, on all matters . which will require discretionBIy action on the part of the City Council, plAnni11g Commi..ion, and all other official bodies. The following information must be disclosed: , 1. Ust the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. A MeN!11f" Communities. Inc.. Nltton,' City, CA 91950 R. HomA CaDit.' Develoament CrOUD. . subafdary of Home Federal Slvings and LOin. San Diego, CA 92101 2. If any person identified pursuant to (1) above is a corporation or partnership, list tht names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. --___ . . McMillin &lnnunltln,lnc..' McMillin F.mlly Trust-Mocey L. . Vonnie L. McMillin Trustees. (.\0\) M.rk O. McHIllln, L.urle A. R.y . Scott M. McMillin (20\ ..ch) Home C.plt.l Development Croup. 100\ by Home Feder.l S.vlngs . Loan, San Diego 3. If any person identified pursuant to (1) above is non-profit organization or & trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N.A. 4. Have you had more than ~250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No 2.... If yes, please indicate person(s): S. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. CrAie Fukuvama. McMfl1in Communities r..ry rin~4 rfn~f And A~~o~f.~es 6. Have you and/or your officers or agents, in the aggregate, contnbuted more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No..!.... If yes, state which Councilmember(s): PeTSon Is defined as: "Any individual, fiml, co-pannmhip, joint ~tun, Dssocintion,locial club, /i'atemnl organization, corporntion, /!S1n/C, tnuI, receiver, :ryndicote, this ond any other county, city and counll)', city, municipality, district or other palilical subd;..;sio/~ or allY other group or conlbination acting os a unit," Date: 7-2-91 (NOTE: Anacb additional pages as necessary) 1..\.II.1.\:OISCLOSE.TXTJ I 1''''11) Cr.lg T. Fukuy.ma, Vice President Print or type name of contractor/applicant McMillin c-nltles - Mon.glng p..tner lReviIod:uf.IO.-JO) Rancho del ley Partnership ,. . . . MAIL TO: City of Chu1. Vista 276 Fourth Avenue Chul. Vista. CA .92010 Attn: Doug Reid NOTICE OF PROPOSED NEGATIVE DECLARATION' (FINDING OF NO SIGNIFICANT ENVIRONMENTAL IMPACT) Il , l I U' _10. z..ioot Clort IiJ AUG 2 1 1991 If ~ . -~ '. OR/19/91 )~~ RECEIVED AUG 26 1991 E" 7 (Rev. 1/90) WPC 0006Y fLANNING J !',/ J negative ~eclaration PROJECT NAME: Rancho del Rey CODlllunity Purpose Facilities (CPF) Zone Change/SPA plan amendment to revise boundaries of SPA I and designate "CPF" parcels in SPA plans I, II l III PROJECT lOCATION: Rancho del Rey Planned Connunity (5 sites) ASSESSOR'S PARCEL NO. 593.382.38, 640.080.32 PROJECT APPLICANT: Rancho del Rey Partnership (Craig Fukuyama) 642.391.01, 642.392.10, 642.010.38, CASE NO: IS-92-01 DATE: August 16, 1991 A. Proiect Sett1na The proposed five sites total 25.2 acres and are located within the Rancho del Rey Planned CODlllunity. The project invlllves the annexation of two sites into the SPA I project area. The locations, sizes, and existing conditions of the five individual sites are described below: 1. Site one is located at the southeast corner of East "H" Street and Paseo Ranchero. It is one of two sites proposed for annexation into SPA I under the SPA plan amendment. The total acreage of the site is 3.7 acres. The site is in a natural open space state with six mature trees, shrubs, grasses, cactus and some indigenous wildlife such as hawks and squirrels. The site slopes gradually upward to the east. The north side of the project, adjacent to East "H" Street, is bounded by a concrete drainage swale. The south side of the site is bounded by an existing single family. residential neighborhood. The adjacent uses to the east and west incl ude graded open space proposed for residential development in the Rancho del Rey Planned CODlllunity. 2. Site Two is located on the northwest corner of East "H" Street and Buena Vista Way. It is a 10.0 acre site and is the second of two sites proposed for annexation into the SPA I plan. The site is in a natural open space state with dense shrubbery and indigenous wildlife. The site slopes at a 10-15% gradient. The north side of the site is bounded by Buena Vista Way and Rancho del Rey planned CODlllunity development including park residential uses. The south side of the site is bounded by East "H" Street and an existing single family residential development. A drainage swale is located on the east side of the property. Adjacent uses to the east include Buena Vista Way and a medium-high residential development. Medium-high residential development makes up the adjacent use to the west. ~ {tt.. -.- ..... -..0; ..:... ~~......-- --- city of chula vllta planning department em Of envlronmenta' revle. aectlon CHUlA VISTA ) "~J ).. . . -2- 3. Site three is located east of Paseo Ranchero, slightly south of Rancho del Rey Parkway. This site is 4.5 acres and falls with RDR SPA I. The site has recently been graded and contains little vegetation, except sparse grasses. The north portion of the site is an elevated pad containing an power pole. This power pole generates 13g KY and is part of a major transmision corridor. Adjacent property to the north of the site includes Rancho del Rey Parkway and proposed RDR planned cOlllllUnity residential development. To the south and east are existing residential neighborhoods of medium to medium-high density. The adjacent property to the west is open space. 4. Site four is located in RDR SPA III east of Paseo Ladera between East -J- Street to the north and Telegraph Canyon Road to the south. It is 7.0 acres in size. The site slopes at 5-10% upward to the north. It remains in a undisturbed state with thick, natural vegetation and indigenous wildlife. There is a drainage swale along the west side of the property. The north side of the site is bounded by undisturbed open space. The south end of the site is bounded by Paseo Entrada and undisturbed open space continuing to Telegraph Canyon Road. Property adjacent to the east and west sides of the site is occupied by existing residential neighborhoods separated on the west side by Paseo Ladera. 5. The fifth site is 5.0 acres located at the east end of Terra Nova Drive on the east side of Rancho del Rey Parkway. It falls within Rancho del Rey SPA II. The site has been recently graded and little or no vegetation is present on the site. The north side of the site is bounded immediately by Rancho del Rey Parkway and by open space further north. To the south, east and west is undisturbed open space including Rice Canyon, however, adjacent properties to the east and west are proposed for development. B. Proiect Descr1Dt1on . The proposed project is a combination of a SPA plan amendment and rezone to incorporate and designate parcels for Community Purpose Facilities. The purpose of this project is to comply with new provisions in the City Zoning Ordinance requiring that a greater proportion of project acreage be designated for community purpose facility use. The total acreage included in the community purpose facility project is 25.2 acres consisting of 19.7 net usable acres. The City zoning ordinance standards require 16.1 acres of Community Purpose Facilities for the 11,608 projected population of the Rancho del Rey project. Compliance will be achieved by designating five CPF sites interspersed throughout the 3 SPA plan areas. Environmental Impact Reports 83-2, 87-1, 88-1, 89-10, 89-2 have addressed the environment at impacts associated with each of the three phases of the Rancho del Rey Planned Community. Annexation of two sites into SPA I through SPA plan amendment will fac ili tate compliance with the required acreage standard. 18"'/3 . . -3- c. ComDatib111tv with Zon1na and Plans This project involves a SPA plan amend.nt and rezone to incorporate and designate parcels for Community Purpose Facilities as required within planned c..unities by a recently amended City Zoning Ordinance. These changes in land use designation and zoning are consistent with the surrounding planned community use. D. Comol1ance with the Threshold/Standards Policv 1. Fire/EMS The Threshold/Standards Policy requires that fire and _dical units aust be able to respond to calls within 7 minutes or less in 85' of the cases and within 5 minutes or less in 75' of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is two or less m11es away and would be associated with a five or less minute response time. The proposed project will comply with this Threshold Policy. Threshold standards will be met with completion of the proposed fire station at the northwest corner of Paseo Ranchero and East "H" Street. Fire Department requirements w11l be determined when site plans or building plans are submitted. 2. Police The Threshold/Standards Policy requires that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.1~ of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will comply with this Threshold Policy. The Police Department has indicated that it can maintain an acceptable level of service. 3. Traffic The Threshold/Standards Policy requires that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at signalized intersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this poliCY. The proposed project will comply with this Threshold Policy. The proposed plan SPA amendment and rezone will not affect the level of service or average daily traffic. Future specific development proposals aust meet threshold standards. < ,("/II . . -4- 4. Parks/Recreation The Threshold/Standards Policy for Parks and Recreation is 3 acres/l,OOO population. The proposed project w111 comply with this Threshold Policy. The threshold standard is only applied to residential projects, therefore, this project is exempt. 5. Drainage The Threshold/Standards Policy requires that storm water flows and volumes not exceed City Engineer Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project w111 comply with this Threshold Policy. The proposed project will not cause threshold standards to be exceeded. Future site development Ilust llIet engineering standards for surface drainage flow and drainage design. Sewer 6. The Threshold/Stindards Policy requires that sewage flows and volumes shall not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project w111 comply with this Threshold Policy. The proposed SPA plan amendment and rezone w111 not have any impact on sewage flows and volumes. Future site development must Ileet established engineering standards for sewage flows and volumes. 7. Water The Threshold/Standards Policy requires that adequate storage, treatment, and transmission facl1ities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Policy. The project sites are located within a previously established planned community. Attainment of water usage threshold standards .has been addressed in the SPA plans and the previous EIRs. E. Identification of Environmental Effects ^ An initial study conducted by the City of Chula Vista determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. A Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. . J y" /5' . . -5- The following impacts have been determined to be less than significant. A discussion of each of these less than significant impacts from the proposed project follows. lOW: Due to recent drought conditions, as a condition of project approval, the applicant must agree to no net increase in water consumption or participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Geoloov/Soils EIR 89-10 indicates that potentially significant adverse soil conditions or geologic hazards may exist on some of the project sites. Geology/soils illpacts may be reduced by compliance to the recommendations set forth in the geotechnical reports prepared for the project. With adherence to these recommendations, geology/soils impacts are deemed to be less than significant. " Drainaae EIR-89-10 identifies drainage and groundwater/water quality as potential impacts of RDR SPA III. According to the EIR, adherence to the regulations regarding stormwater discharge set forth in the NPDES permit requirements and City Engineering flows and volume standards, potential adverse impacts will be reduced to below a level of significance. Bioloov EIR 89-10 identifies several potentially significant biological resources occurring within the boundaries of the RDR Specific Plan Area. These biological resources include: vernal pool habitat, riparian habitat, coastal sage scrub, California Gnatcatchers and Cactus Wren. Appropriate CEQA findings of overriding considerations were made. Several mature trees were observed on the north side of .site one.. When a specific project is submitted, attempts should be made to preserve the trees on this site. With continued compliance to mitigation programs as set forth in the previous EIRs and subsequent environmental documentation, impacts will be reduced to below a level of significance. land Use The proposed project is a SPA plan amendment and rezone and no density increase is proposed. Environmental impacts of the landuse designation change have been analyzed and deemed to be less than significant. Three of the five sites are currently designated as .CP. in the RDR SPA plan. As a result of a recent City zoning ordinance amendment" the designation is now referred to as .CPF.. In these three cases, the proposed uses of these sites, including two churches and a YMCA, remain compatible with the new designation. Additionally, the change in the City 18''''/~ . . -6- zoning ordinance has increased the required land ratio to be set aside for community purpose facilities. To comply with this requirement, this project proposes to annex two additional sites into RDR SPA I and designate them as community purpose facility sites. This project entails rezoning of two sites from residential to "CPF." The illpacts of these land use changes are deemed to be less than significant. When specific development plans are submitted forsite three, studies related tot he impacts of the electromagnetic field generated by the 138 KY power pole should be required.d With adherence to the recommendations IlIde in such report, impacts will be less than significant. Schools The proposed project is subject to a special tax levy aimed at mitigating the impacts of the Rancho del Rey Planned Conmunity on schools. With participation in the special tax levy, impacts on schools will be less than significant. ,< F. Mitiaation necessary to avoid sianificant effects The proposed project is not associated with any significant or potentially significant environmental impacts, therefore, no project specific mitigation will be required. G. Findinas of Insianificant Imoact Based on the following findings, it is determined that the project described above will not have a significant environmental impact and no environmental impact report needs to be prepared. 1. The project has the potential to substantially degrade the quality of the environlent, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below . self-sustaining levels, threaten to eli.inate a plant or animal cOIIIIunity, reduce the number or restrict the range of a rare or endangered plant or animal, or eli.inate illportant exlllples of the llajor periods of California history or prehistory. As noted in Section E "Identification of Environmental Effects," the proposed project will have no significant impacts on the environment. There are no significant natural, man-made, or cultural resources present on the sites that would be impacted by the proposed project. 2. The project has the potential to achieve short-term environlental goals to the disadvantage of long-term environ.entalgoals. With compliance to the conditions of approval for the rezone and SPA plan amendment, the project will be consistent with the uses designated by the zone and the general plan. The project would not achieve any short term goals to the disadvantage of long term goals ) 8'''I? .~. ----- ._~~cr'"..IoI . . -7- 3. since long term goals would be achieved through compliance with the zoning code requirements for provision of community purpose facility sites within the RDR planned community. The project hIS possible effects lIhich are individually 11.ited but ~latively considerable. As used in the subsection, .cu.ulatively considerable. .ans that the inc..-ental effects of an individual project are considerable when viewed in connection with the effects of plSt projects, the effects of other current projects, and the effects of probable future projects. The proposed designation of fhe COII1Iunity Purpose Facility sites will not result in any significant adverse environmental effects which are cumulathe in nature, provided all conditions pursuant to the issuance of the rezone and SPA plan amendment are met. 4. The environlental effects of a project will cause substantial adverse effects on huaan beings, either directly or indirectly. The environmental effects of the project will not cause substantial adverse effects on human beings, either directly or indirectly. Public health impacts associated with the 138 KV power pole on site 5 shall be lIitigated with adherence to City standards at the time a specific project is proposed. H. Consultation 1. Individuals and Oraanizations City of Chula Vista: Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering 'Hal Rosenberg, Engineering Bob Sennett, Planning Ken Larsen, Director of Building and Housing Carol Gove, Fire Marshal Captain Keith Hawkins, Police Department Shauna Stokes, Parks and Recreation Department Georgia Rubin, Planning Chula Vista City School District: Kate Shurson 'Sweetwater Union High School District: Tom Silva Applicant's Agent: Rancho Del Rey Partnership (Craig Fukuyama) 2. Documents Title 19, Chula Vista Municipal Code General Plan, City of Chula Vista EIR 189-l0-Rancho del Rey Spa III 18'''/~ -- . . -B- 3. Initial Study This environmental detennination is based on the attached Initial Study,any cOlllllents received on the Initial Study and any cOlll11ents received during the public review period for the Negative Declaration. Further infonnation regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ~4AU<.l'~ ENVIRONMENTAL REVIEW COORDINATOR EN 6 (Rev. 12/90) WPC 966BP/0175P I g. J , . .- ..... .: ." :: .~: '-:.' ,. . :'-~.'" .- . ........-.. ....o-..~.... .. ~., . . ,.. INITIAL STUDY City of Chula Yista Application Form A. BACKGROUND e'. .. .... ....... ........;. '. . . : :' . :.: .':~. FOR OFFICE USE Case No. 1:$- V:J-/ ~r- --;.,.. g.5~ Rece p No. f'''' ?1LL. Date Rec'd '1-8- .,/ Accepted by ~ Project No. F/9 c:-:;>~ /)~ g ~'t" 1. PROOECT TItlE Rancho iiel ley Community PurllOse Facilities 2. PROOECT lOCATION (Street address or description) ~o del ley Planned Community Assessors Book. Page & Parcel No. 3. BRIEF PROOECT DESCRIPTION Zone change/SPA amendment to revise boundaries of SPA I and desiRnate "CPF" parcels in SPAs I. II. and III < 4. 5. Name of Appl icant Rancho del ley Partnership Address 2727 Hoover Avenue City National City State CA Name of Preparer/Agent Cinti & Associates Address 1133 Columbia Street 1201 City San DieRo State CA Relation to Applicant Planning Consultant (Attn: Craig Fukuyama) Phone 477-4117 Zip 91950 Phone 239-1815 Zip 92101 6. Indicate all permits or approvals and enclosures or documents required by the Environmental Review Coordinator. a. Permits or approvals required: General Plan Revision ~ Rezoning/Prezoning Precfse Plan ---- Specific Plan ---- Condo Use Permit ---- Variance Design Review Committee Public Project ---- Tentative Subd. Map ---- Annexation -.Grading Permit - Design Review Board ---- Tentative Parcel Map - Redevelopment Agency - Site Plan & Arch. Review- ---- Other - b. Enclosures or doc\lllll!nts (as required by the Environmental Review Coor:dinator). Location Map Arch. Elevations ---- Grading Plan - Landscape Plans ---- Site Plan - Photos of Site & IX Parcel Map - Setting - Precfse Plan Tentative Subd. Map - Specific Plan - IlIIProvement Plans ---- Other Agency Permit or - Soils Report ---- ApprovalS Required - 18'" ~f) =.__ ...,.._a~ Eng. Geology Report - Hydrological Study - Biological Study - Archaeological Survey - Noise Assessment - Traffic Impact Report IX other Project Description - ..';' . ~. .- .......... .. . ... .. ................. ... - 2 - B. PROPOSED PROJECT 1. Land Area: sq. footage or. acreage 25.2 ae (gross) If land area to be dedicated, state acreage and purpose. 2.. Complete this section if project is residential. a. Type development: Single family Multi family Townhouse b. Number of structures and heights Two family Condominium < c. Number of Units: 1 bedroom 2 bedrooms 3 bedrooms 4 bedrooms Total units d. Gross density (OU/total acres) e. Net density (OU/total acres minus any dedication) f. Estimated project population g. Estimated sale or rental price range h. Square footage of floor area(s) i. Percent of lot coverage by buildings or structures j. Number of on-site parking spaces to be provided k. Percent of site in road and paved surface 3. Complete this section if project is commercial or industrial. a. Type(s) of land use b. Floor area Height of structure(s) c. Type of construction used in the structure d. Describe major access points to the structures and the orientation to adjoining properties and streets e. Number of on-site parking spaces provided f. Estimated number of employees per shift , Number of shifts Total g. Estimated number of customers (per day) and basis of estimate I~':J.I - - - . .. ... . ......: ....,. ...........'..06..........._....; "..-..;,,:,-. . . ... . - 3 - f'" ,I," h. t~. 'L .' . 1. f. . -~ Estimated range of service area and basis of estimate Type/extent of operations not in enclosed buildings j. Hours of operation k. Type of exterior lighting 4. If project is other than residential, commercial or industrial complete this section. a. Type of project Community Purpose Facility Zoning b. Type of facilities provided community purpose (per Ord. 2452) c. Square feet of enclosed structures per code d. Height of structure!s) - maximum per code e. Ultimate occupancy load of project per code f. Number of on-site parking spaces to be provided per code g. Square feet of road and paved surfaces NIA .! c. PROJECT CHARACTERISTICS 1. If the project could result in the direct emission of-any air pollutants, (hydrocarbons, sulfur, dust, etc.) identify them. NONE 2. Is any type of grading or excavation of the property anticipated NO (If yes, complete the following:) a. Excluding trenches to be backfilled, how ..ny cubic yards of earth will be excavated? b. How many cubic yards of fill will be placed? How much area (sq. ft. or acres) will be graded? c. d. What will be the - Haximum depth of cut Average depth of cut Haxilll.lm depth of fill Average depth of fill /g', '2 . ,; . . .. ." . .,' - 4 - 3; Describe all energy consuming devices which are part.of the proposed project and the type of energy used (air conditioning, electrical appliance, heating equipment, etc.) Standard equipment for CPF-type facilities 4.; ") 5. Indicate the-amount of natural open space that is part of the project (sq. ft. or acres) None If the project will result in any employment opportunities describe the nature and type of these jobs. None 6. Will highly flammable or potentially explosive materials or substances be used or stored within the project site? NO 7. How many estimated automobile trips, per day, will be generated by the project? seeEIRs.:for-RDR::SP;CI, .11,::&::111 Describe (if any) off-site improvements necessary to implement the project, and their pOints of access or connection to the project site. Improvements include but not limited to the following: .new streets; street Widening; extension of gas, electric, and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. 8. None D. DESCRIPTION OF ENVIRONMENTAL SETTING 1. Geology Has a geology studY been conducted on the property? YES -'see EIRs for (If yes, please attach) RDR SPA I, II, & III Has a Soils Report on the project site been made? same as above (If yes, p,lease attach) 2. Hydrology Are any of the following features present on or adjacent to the site? NO. (If yes, please explain in detail.) a. Is there any surface evidence of a shallow ground water table? b. Are there any watercourses or drainage improvements on or adjacent to the site? IB'''J:J , . ... . - 5 - c. Does runoff from the project site drain directly into or toward a ,domestic water supply, lake, reservoir or bay? ,. ,.. Could drainage from the site cause erosion or siltation to adjacent areas? e. Describe all drainage facilities to be provided and their location. d. " 3. Noise a. Will there be any noise generated from the proposed project site or from points of access which may impact the surrounding or adjacent land uses? NO 4. Biology a. Is the project site in a natural or partially natural state? YES -,East "Hit Street sites and Paseo Ladera site b. Indicate type, size and quantity of trees on the site and which (if any) will be removed by the project. None 5. Past Use of the Land a. Are there any known historical resOUrces located on or near the project site? NO b. Have there been any hazardous materials disposed of or stored on or near the project site? NO 6. Current Land'Use a. Describe all structures and land uses currently existing on the project site. Vacant 1<6'';'( I .............- ". ,t l'. ~ ~~.~ .. . "1.1 b. ~f~ l' .il ill 1!t :1 .' ~. ~ :,. '" 7~, Social .. .,. ". ~ ..;.. ',' . . - 6 - Describe all structures and land uses currently existing on adjacent property. North!!l adjacent uses are residential. South East West a.Are there any residents on site? (If so, how many?) NO b. Are there any current employment opportunities on site? (If so, hO\~ many 'and wha,t type?) NO Please provide a~ other information which could expedite the evaluation of the proposed pro ect. -See Project Description attached.- Ig'~~ .'. . t . - 7 - E. CERTIFICATION I, Crai2 T. Fukuyamaa Vi~. Pr~.;d@nt Ra~O del Rev PartnerRhip ner/owner in escrow* McMillin Communities, Managing Partner 'I!C- I, or Consultant or Agent* HEREBY AFFIRM, that to the best of ~ belief, the statements a~d information herein contained are in all respects true and correct and that all known information concerning the project and its setting have been included in Parts B, C and D of this application for an Initial Stuqy of possible environmental i t and any enclosures for attachments thereto. DATE: . *If acting for a corporation, include capacity and company name. I~'),' . . UNCBO DEL UY SPA UBIIDHBIlT /uzon OOHKURITY ~URP08B ~ACILITIB8 -~roject De.cription- Xn~roduc~ion/Backaround The proposed project is a combination of a SPA plan amendment and re-zone to incorporate and designate parcels for Community Purpose Facilities, as required by the recent amendment of the City Zoning Ordinance. The purpose of this project is to bring the Rancho del Rey Planned Community into compliance with the Community Purpose Facility standard adopted in Ordinance 2452. Such compliance is required as a condition of approval of the Rancho del Rey SPA III Plan (condition 116). Compliance will be achieved through a series of actions which are primarily administrative because the basic land use and intensity decisions have been previously made. Two sites adjacent to SPA I which are intended for church uses and which will clearly serve the project area, are to be added to the SPA I site through the SPA Plan amendment component of the project. These sites plus three additional parcels currently within the Rancho del Rey Planned Community will be designated "Community Purpose Facility" (CPF). The sites within the Rancho del Rey planning area are currently identified "CF" (for community facility uses) on the respective site utilization plans. Community facility uses are similar to CPF uses, but are more broadly defined. The re-zone component of the project will adopt land use regulations for the CPF District to limit permitted uses to those consistent with the provisions of Ordinance 2452 and to establish development standards for such uses. ,. The net result of the project will be a change in the map designation and applicable development regulations for each of the five CPF parcels. The list of permitted uses will be reduced, however the community serving character of the permitted uses will be unchanged and no increase in intensity is proposed. No change in parcel acreage statistics is proposed. ProDo.ad Pro;ect The project is a combination of a SPA plan amendment and re-zone to incorporate and designate parcels for Community Purpose Facilities, as required within planned communities by the recently amended City Zoning Ordinance. The purpose of this project is to demonstrate compliance with the community purpose facility provisions of the ordinance and implement those provisions in the Rancho del Rey Planned Community. The SPA Plan amendment will adjust the SPA I boundary to include two adjacent parcels which are planned for CPF facilities which will clearly serve the Rancho del -Rey community but - are not (06/17/91) 1 JI".2? . . currently located within the SPA boundary. Thi. boundary change will have no effect on the planned u.e. for the.e parcel.. A total of five parc.l. are identified for CfF u.... The.e are dea1gnated on Exhibit 1. A. noted above,. two .ite. will be incorporat.d into SPA I through a boundary adju.taent, while one is currently within the within SPA I boundary. SPA. II and III include one sit. each. Table A provides the qross and n.t acreage stati.tic. for .ach parcel. The five parc.l. total 19.7 n.t u.able acrea (25.2 total acres). TABLE A paroel Aoreaqe 8tatistio. Parcel/site Gross Acres Net Acres YMCA 4.5 4.0 Pilgrim Lutheran 10.0 6.1 Methodist ChurCh 3.7 3.5 SPA II Site 5.0 5.0 SPA III Site 2.0 1.1 Total Acre. 25.2 vro.. ao 19.7 Ilet ao The adopted Community Purpose Facility standard is 1.39 net u.able acres per 1,000 project population. The first step in determining the requirement for Rancho del Rey ia to estimate the project population. The population estimate is provided in Table B. Using this population estimate, the facility standard yieldS a requirement of 16.1 acres for the Rancho del Rey community (11,608 x 1.39/1,000 - 16.1). The sites designated on Exhibit 1 total 19.7 acres of net usable area, exceeding the adopted .tandard by 3.6 acres. (06/17~91) 2 /8',;.8" ii'.~~ . '.__n_~ .;:....'?~'_ . - J TABLE B CO"UDity Purpo.. Facility acr.aq. D.t.raiDatioD R.siden~ial Area Unitsl Pon./DU2 Pro18Ct Pee. SPA I Apts. (R-15) 500 2.192 1,096 SPA I Condo. (R-14) 147 2.794 411 SPA I Condo. (R-13) 138 2.794 386 SP. I Condo. (R-12) 180 2.794 503 Sf \ III Seniors (R-7) 588 2.192 1,289 SPA III Condo. (R-6) 228 2.794 637 SFD (all SPAs) 2.268 3.213 7.287 'fotal. 4,on 11,108 ICount from most current approval (SPA Plan, TN or site plan). 2population factors from Chula Vista Planning Department. 110ft: This population estimate is made for the purpose of calculat- ing the community purpose facilities requirement only and should not be used to project other service needs. (06/17/91) 3 I<l'''' .2" . . CPF Sites Community Purpose Facilities ~CPFSites E:3 SPA Bol.ndaries "-.. ...-. \ , \ \ /. '-'" OS-I ~ addICItD""l EP-3 , _._. / / RSP ,.--_/ / '-, I OS-2 /s~ III ~ "~ -__ RSP...... / r7"\ ------..:---- ) ...-(.- ,-----..... -- ,.- --- -- OS-I -- 05-1 ...' _.- .~Q.!!L...gr "No 6 ~~ .'M'~ Exhibit 1 - _.. -- ..p" . \ CITY DATA tase No. /6-'J~-o1 F.~ 1. Current Zonina on site: . North South East West " . t,~\1" fJ:~n~~~t~~~o~r~~ ,~~~~~'l ~'~\\.,-'~ '-',~~'-rl;~~b- ~ p;;'~~ ,t:tl- (0: '~~~) . ~ 'T-/"",n '" ~ ()~,. 2. .:Ooes the project conform to the current zoning? NO - it ,'JVoLv~S " 't-o~E c.\-\~I\J("r::: 1='&,- ~ ...~ ~ i>j\1('.,l~ General Plan land use designation on site: North South East West L-,.,., (~,~ L- '" ~C" M ,11'1-... Cot: 0<; {" (-..... L..- 1"<: ~s s A.. - p. ,0 . P.?'.~1c: I P'O(.:('U P A. M e.t=''''' ~c.. LMP.p-'P;':>!'\" s~ ~.."", t'"... ~ "" Is the project compatible with the General Plan Land Use Diagram? S,'/-e. ~ JH.f 5 CJ..rp r.~o~~"+\bl? \ \~f'\d7 ec.no nC+ Is the project area designat~d for conservation or open spa~e or adjacent to an area so designated? C-.,,\-,P.<;; 'It, a rd ~ nno ('Ad ~o (-,~~nl- 1-", ri@~~; n,-....,~ p_C"'l ~ 1>(:)1'\ c:.. 1'''' r_@ .J Is the project located adjacent to any scenic routes? . uU?_~ (If yes, describe the design techniques being used to protect the scenic quality of the route.) \ r . It ~ P -, \ e r'\CJ ~r.r 1'"\ : ~ \ 'I : r: \ 'I \.L1 t"lJ ~ 3. Schools or enhance .. If the proposed project is residential, please complete the following: Students Generated From Proiec:t School Permanent . Attendance Temporary CaDacttv Current CaDacitv. Elementary Jr. High Sr. High 4. Remarks: \.l~-r r P ~;Al'A'l-+ ; 0\ ~ \J l ~ ~A~ ~.~ . Director of Planning or Representative I ) P';l.f . q/ Date WPC 9459P -13- rl" J I ..'- . Case No. IS .tf'L .0' H-1. pARKS AND RECREATION DEPARTMENT 1. How .any acres of parkland are necessary to serve the proposed project? ~~'i (J(&ovlllifo . 2. How .any acres of developed parkland are within the Park Service District of this project as shown in the PaIks and Recreation Element of.the General Plan? (If applicable) ~~ 3. lIhat are the current park acreage r,quirements in the Park Service District? (If applicable) H/'III... 4. Is project subject to Parks..lRecrSl,t1on Threshold.reauirell!mts? ~ If not, please explain. -",... P;:S\l";4.T.\~ ~. \)~~. .. 5. Are existing neighborhood and community parks near the project adequate to serve the population increase resulting from this project? Neighborhood ~ Community Parks ~~ 6. If not, are parkland dedications or other mitigation proposed as part of the project adequate to serve the population increase? t'l/~ NI.lIa. Neighborhood Community Parks 7. Does this project exceed the Parks and Recreation Thresholds established by City Council policies? t4C . 8. To meet City requirements, will applicant be required to: ",I.. tJ I.... Prov i de 1 and? . Pay a fee? 51. Remarks: ~~~ Parks and Recreation Director or Representative ~ .' t -ctl. Date J f''' J .J. WPC 51459P -18- < , ,.:1 A ?'l. )1< 1,4 I 4 ><I ><t -:A. I II I I . ..t~ t~ I I,i J . f ii I f r: ~i I ..') i -; 'I; :ii .. -- I II!. I jl i ::!4 i II , j,~ I < I I I 'l;ii'r .,1 1.3,., i. l~i1: I . ::E~;! ~ .=d EJEj'l;i /!11h j,,!J_ j i .!' . :EJ!!,~ 'I; A~ j.;,,;~.- Ird Utili Ui I... I~ I~ .' ..' '.1 _ J!~ Ii -, I, u t '1;' _ I.~ Ii ~ ; ,Ii 11 I; ! ~}J Ii I ! !:i !~I ii i Jh JII h -_. I" :C~ j .... .. . .; . - .. . 0: c.. . u ....: .. N In lJ -- .-t .. a ;r; K ] . I II X. l:>i ~I : I ~ I a I C J f; 1 I i I; il' . , } i!1 ~I 11 r I . ~ I ~I I; . ! }I . 1: - ,.! J!. i I JI! , 1 'c' ~ !!! !; il! Ik II I ~~ ~~: IIi!' · , I I I;J! I' 1'1 II I * ill j'! 1- i::a a- d .!h .. I K I) - i! a !&' II! . - - . - IS'''JY \ )tt 1 I -4 4 I I Xl ~:xt)(! I 1 >4 1 1 xJ I I I I I r i::r:t p ! iJU - 1 .. ..:: Ii) r '-. · i ....-. r . -I ~ii~ I} I ~r 11 ' a.. ! hl!i' ..- JI s .j_il J~~ III ! I j=- In i ... ,~tf II .. J ~ .. ~ Xl 1 I I ..ri" i I '~;u : .. II 1 Ii 1 lIij !li . ,i ...1. . al t!rh !'lo 'r Iii it i~ . ...In ,., '<t ...; .: - ';1 I.. U, n I-t ..I. , " Jf,,~ I;,i 1-' .._t .SI.n . .; 'II .. c . r i i "i Jj 1.= I~ . . I ~ i ! 1 I .. I i ir a _.. -I i ~ is i' I ... a.. ii. 'I I ii_ i _ i Ii ji.. . It -. ... .. K! xl.. 1 7'-1 I I Uli I: .. u ,:! ill! .i ,~1i" a.'Ji -II:: In!1 .. . Iii iU -. } -al II~ 'lot "I 11 111"1 ..1 II! 'i' lai I~ . - _ iU' a lI'i.i .. It.. i 'II-~ - =-j i Ilri! , h"l - sal!1 11 - ! ,!f 1 E ~ ... lY":J'I - -II 1 =1 , I -, 1"1 .!I ;I.... ::1 I ) .- -.1 iji U'i. . . ..: .. 'a a K ><I. '1 ~ I I i'lo iU I uO::' 'j "IIi I} I~" , . I:: J II ...- "i Jii j!jS II-Ii' il :d I , . .; I I . >4">4 l:..t I ~ x, 4 ;>4 >4 I I ~ 1:1 I '1 I I I' I I I I I I I ><l , I~ II" ~ I ~I ~ ar IIi ; I !~ ,=1 a Ii irl" j n ii & i ! I !; Ii i..'J! .. _5 !!_.... J!...... ..... .; .:. In'. ,,;. ol j I i i. :C . 1 ~ i ~ 1'1 , f i ~ ~ U".!i I i I iI, .,) Ii "i -I I -I~ lilt:1 'i I~ I ~ I" ii ,: _I I i "i If!5 !I Ii Il- . II, I II ):- ...: . . 1I.,a. g - . .. I. " oft - .. - :>Zl .,.( Xl A)4. '>4.. ><l' >4 ~ . 1 I 1 I I I I I I I I I I : I : i i.. ~I ~dl Ii . .. I -.- II i 3.!! I.... ... l'l" ~, J ,ii'= . - -.1 I I ; lij; 'I-I ,"::: i 'I I it)i' I ill!') - :: j : ii~ :;i;ii .. :"11,, n 11 Ii . . = 't i~ )... .j ..,I I~ili J!} I, -I .i ijJ ij.!j j-:' - ~h I'd -., .... In Iii . - - .; - I 1 t';l.l' I "-I. ::1 "i It'" 5.. ..I 1 i I... .Ii II 11 i. ,,) I~ _' a'... yO' I- I =1 ui 'J! n !i l !it I. ,,;. ol .. ::i jg-., ;I/ , , , c . '. a K . , I I .._-......... . . .~ ->4.. ~ I I . iUUiai'U!t l'I~~'I'lij'~ I U~,'i , .I!j JiE<<!f i!~,f;:: I sjl~: i-; fll: .. la-.I," if J ! I~dfi~!!liit- ! =--=-,.. '&1 I ~aljll!~ i i., ~ -lEi Ii illl JI'l lij: !,i It . JUI ~ ol .. Ii I ..~ . - . . ..'" i!'. "'.--.....,..... " .~ '"~.,.,!7"11~.~ ,.. ,,'" :;,'~\:';, - <, "'" ~~~(f(:r"~rpw;l1 ..& Jj",i~b~-,,;,;.~1iJ Db' EXCERPT FROM MINUTES OF PLANNING COMMISSION MEETING OF 10/9/91 ITEM 3: PUBLIC HEARING; PCM-92-01: AMENDMENT TO THE RANCHO DEL REY SPECIFIC PLAN BOUNDARIES AND AN AMENDMENT TO SPAs I, II AND III BY INCORPORATING AND DESIGNATING COMMUNITY PURPOSE FACILITY SITES - Rancho del Rey Partnership Assistant Planning Director Lee noted that the City Council had amended about a year ago the City Code requiring that the Planned Community Districts designate community facility acreage based on a formula set at 1.39 acres per 1,000 population. The Rancho del Rey SPA III approved just prior to the ordinance amendment included a condition requiring that all of the SPAs were to comply with any future ordinance addressing this by the City. This requirement was also included in the Rancho del Rey III tentative map approval in July 1991. Using the facility acreage formula, and based on the 1990 Census data, would put their total at 11,608 residents requiring 16+ acres designated for the community purpose facility. Rancho del Rey has identified five sites containing nearly 20 acres of net community purpose facility land. Two of those lots are not owned by the applicant but lie adjacent, outside the boundaries of the present Rancho del Rey SPA identification but are within the Rancho del Rey Specific Plan Area and zoned P-C Planned Community. The applicants requested that the SPA boundaries be amended to include all of those parcels, for a total of five. The present owners had concurred. Mr. Lee stated the modifications to the district boundaries to include the two parcels already committed for church facilities, as well as specifically designating these sites as community facility areas and modifying the district regulations to ensure they would be limited to those land uses would bring the Rancho del Rey area into compliance with the City standards. This being the time and place as advertised, the public hearing was opened. No one wishing to speak:, the public hearing was closed. MSUC (Decker/Casillas) 5-0 (Commissioner Tugenberg absent) that based on the Initial Study and the comments on the Initial Study and Negative Declaration, find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-92-01. MSUC (Decker/Casillas) 5-0 to recommend that the City Council approve the following: a) An amendment to the Rancho del Rey SPA I boundaries to include 3.7 acres located at the southeast corner of East "R" Street and Paseo Ranchero and 10.0 acres located at the northwest corner of East "H" Street and Buena Vista Way; b) An amendment to SPAs I, II and III to incorporate and designate community purpose facility sites as shown on the attached Exhibit "A," and c) An amendment to SPAs I, II and III to include the community purpose facility district regulations governing said sites attached hereto as Exhibit "B." J 1/'-:J? RESOLUTION NO. PCM-92-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AMENDMENTS TO RANCHO DEL REY SPAS I, II AND III WHEREAS, the app 1 i cant is request i ng an amendment to the Rancho Del Rey SPA I boundaries to include two parcels totaling 13.7 acres and amendments to SPAs I, II, and III in order to incorporate and designate certain sites for communi ty purpose faci 1 it ies as requi red by the recently adopted "Communi ty Purpose Facility Ordinance (No. 2452A);" and WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-92-01, of potential environmental impacts associated with the implementation of the project. Based on the attached Initial Study and comments thereon, if any, the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS-92-01, and E WHEREAS, the Planning Commission set the time and place for a hearing on said amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., October 9, 1991, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the Commission found that the project would have no significant envi ronmental impacts and adopted the Negative Decl arat ion issued on IS-92-01. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends the adoption of amendments to Rancho Del Rey SPAs I, II and III as follows: 1. An amendment to the Rancho Del Rey SPA I boundari es to i nc 1 ude 3.7 acres located at the southeast corner of East H Street and Paseo Ranchero and 10.0 acres located at the northwest corner of East H Street and Buena Vista Way; 2. An amendment to SPAs I, II, and III to incorporate and designate community purpose facility sites as shown on attached Exhibit A; and, 3. An amendment to SPAs I, II and III to include the Community Purpose Facility District regulations governing said sites attached hereto as Exhibit B. That a copy of this resolution be transmitted to the City Council. I~' 3~ PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 9th day of October, 1991, by the following vote, to-wit: AYES: Commissioners Carson, Casillas, Fuller, Decker, and Martin NOES: None ABSENT: Commissioner Tugenberg (excused) ~~ Sus n Full er, .J;~ Chairperson ATTEST: ~ ~' . Al ""'-4'" "^ ancy RiplJ'y, S~ WPC 9930P/1595P I~"]' . ___ ._ ._. L'. 1 YMCA I PILGRIM LUTHERAN · 8 METHODIST CHURCH !Ill .. SPA D SITE i SPA DI SITE PF Sites CorTvnui1ity Purpos~ FacDities I . ~ "-.. os., .....tMl ~CPFSiles E::3 SPA Ilcu1dIries 111 'dCILe ADDID 'J'O IPA I ~ ...... . .... EXHIBIT eeA" RANCHO DEL REY SPA AMENDMENT/REZONE LOCATOR COMMUNITY PURPOSE fACILITIES J unDTU ( . - J8""J/O ) - .... -".. u _. t. - - - e. e EXHIBIT cCB". I . ," %%. COHKUBXTY PURPOSB ~ACILITY DISTRICT RBGULATIONS &. PURPOSE . The community Purpose Facility (CPF) District is .stablished to provide designated sites for specific public and quasi-public uses which are necessary to .eet the social, .piritual, and .ervice needs of the resident population. '!'hese .ites are provided to meet the adopted standard of 1.39 acres of cOllllunity purpose facilities per 1000 project population (Ordinance No. 2452). B. PERKITTBD VSES Only those uses which meet the specifications of .Collllunity Purpose Facility" below shall be permitted in the CPF District. .collllunity Purpose Facility" .eans a structure for assembly, as well as ancillary uses such as a parking lot and outdoor activity areas, within a planned cOllllunity, includin~ but not limited to those which serve the following types of purposes: 1. Boy scouts, girl scouts, and other similar organizations; 2. Social and human service activities, such as Alcoholics Anonymous; 3. Services for homeless persons; 4. Services for military personnel during the holidays; 5. Senior care and recreation; 6. Worship, spiritual growth and development, and teaching of traditional family values; and, 7. Day care facilities and/or private schools which are ancillary to any of the above. c. nOPBRTY DBVBLOPKDIT 8TANDAJmS All development within the CPF District shall receive site plan and architectural approval from the Chula Vista Design Review COllllit- tee. Dimensions shown on the approved site plan shall constitute the applicable development standards for the project, except that the following minimum standards sha11 apply where a CPF District adjoins a residential district: , 1. A minimum 10 foot wide landscaped strip or minimum 6 foot solid wall or fence shall be maintained on any property line abutting a residential zone. 1 J8'-l/1 . . " ," 2. Said _11 or rence may be reduced to 42 inches in a landscaped rront yard .etback which does not contain parking racilities. 3. Front, rear end .ide yard .etbacks shall be a minimum of 20 feet. D~ OJ'J'-8ftBft JlAlUtI.G UQVIJI~8 All Off-street parking areas shall comply with the provisions of section XIII.3 of the Rancho del Rey SPA I PC Regulations with regard to space .ize and veometrics. Parking areas within the CPF District shall also comply with the Special Requir_ents for improv..ents, landscaping and lighting indicated in that section. The relevant Performance Standards of Section XIII.4 .hall also apply. Off-street parking shall be provided a~cording to the following schedule: llB 1. Day nurseries, day care schools 2. Convalescent andl or nursing homes Churches, convents, monasteries, other religions instit- utions, and other spaces of public assembly 3. 4. Other uses HandicBDced parkina Reauirements .. MINIMUM OFF-STREET PARKING REOUIRED 1 spacelstaff member plus 1 space/S S children or 1 space/10 children if adequate drop-off facilities are provided. Drop-off facilities must be designed to accommodate a contin- uous flow of passenger vehicles safely loading and unloading chil- dren. The adequacy of drop-off facilities shall be determined by the Director of Planning. 1 space/3 beds. 1 space/3.5 seats within the main auditorium or 1 space/4S square feet of gross floor area within the main auditorium where there are no fixed seats. As determined by the Director of Planning Handicapped parking requirements are established by the state of California. The parking standards contained in this section are identical to those established by the State. Any future change in the state handicapped parking standards shall J 18'..1/;. ,,' . . " " " preempt the requir_ents of thia section. Handicapped parking spaces shall be provided for allus.s at the following rate and shall be counted toward 'the off-street parking require- ment: NUllber of Automobile Snaces Provided NUllber of Handicapped SnBC8S Reauired 1 2 3 4 5 6 7 7 + 1 for each 200 addi- tional automobile spaces provided 5. Handicapped parking spaces required by thia section shall count toward fulfilling standard automobile parking requirements. 1 - 40 41 - 80 81 - 120 121 - 160 161 - 300' 301 - 400 401 - 500 Over 500 B. SIGNS Uses within the CPF District shall be allowed the following signs: 1. All sites shall be allowed freestanding, monument signs as permitted within the Rancho del Rey Planned Community. 2. Churches: One wall sign, not to exceed 30 square feet in area, and one bulletin board or annoUncement sign, not to exceed 24 square feet in area and 10 feet in height. Any bulletin board or announcement sign not attached flat against the building shall maintain a 10 foot setback from all streets. 3. Other uses: One wall sign, not to exceed 30 square feet in area, and one bulletin board or announcement sign, not to exceed 50 square feet in area and 12 feet in height. Any bulletin board or announcement sign not attached flat against the building shall maintain a 10 foot setback from all streets. 4. Special event signs: a. Any use may request a permit for the temporary use of a sign announcing a special event. Wall or freestanding signs of paper, cardboard, plastic or fabric are permitted, provided that the zoning administrator finds that the copy, color, and design of the sign will not adversely affect the 8 I ~''I J (. . J. . . , . order, _enity, or residential enjoYlllent of tile neighborhood in which it is located. b. Special event dgns shall be located on the prub- es of the institution or organization having tile special event and shall be not more tilan five feet in height, nor more than 25 square feet in area. Freestanding signs shall aaintain a minimum 10 foot setback from any street. One sign on each street frontage shall be allowed. c. Upon application for a permit, the applicant shall submit a stat_ent and diaqr_ notinq the nature of . the special event and indicating' the location, size, copy, and colors of the proposed sign. A permit for a special event sign shall be valid for seven consecutive days. Not more tilan six special event sign permits shall be issued to anyone institution or organization per calendar year. . . 7. SPECIAL ADMINISTRATION Notwithstanding any provision of these regulations, the conditional use approval (city Council Resolution No. 12316; PCC-a4-11) granted to the parcel at the northwest corner of East "H" Street and Buena Vista Way shall remain in force and full effect. The Master Plan approval granted by the Chula Vista Design Review COJllJllittee for this parcel (PCM-87-14) shall also remain .,1n full effect. No portion of these regulations shall be interpreted to contradict, negate, or otherwise modify the approvals granted for the churchl school facility proposed for this site which is wholly consistent with the purposes of this district. .. IY'" 1./'1 Item 18 Revised 11/12 ORDINANCE NO. 2487 AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING PCM-92-01 AMENDMENT TO THE RANCHO DEL REY SPECIFIC PLAN BOUNDARIES AND AMENDMENTS TO SPAs I, II AND III BY INCORPORATING AND DESIGNATING COMMUNITY PURPOSE FACILITY SITES WHEREAS, Rancho del Rey Partnership is requesting an amendment to the Rancho Del Rey SPA I boundaries to include two parcels totaling 13.7 acres and amendments to SPAs I, II, and III in order to incorporate and designate certain sites for community purpose facilities as required by the recently adopted "Community Purpose Facility Ordinance (No. 2452A); and WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-92-01, of potential environmental impacts associated with the implementation of the project, and has concluded that there would be no significant environmental impacts and recommends adoption of the Negative Declaration issued on IS- 92-01; and WHEREAS, on October 9, 1991, the Planning Commission voted 5-0 to recommend that Council approve the amendments in accordance with its Resolution PCM-92-01. The City Council of the city of Chula vista does hereby ordain as follows: SECTION I: The City council approves an amendment to the Rancho del Rey specific Plan boundaries and amendments to SPAs I, II and III by incorporating and designating community purpose facility sites, in accordance with PCM-92-01. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. c: \OR\RDR by J2 Presented by Robert A. Leiter, Director of Planning ~ty ( if J , /; ) J?;!/7 ,~ South Bay Family YMCA 50 Fourth Avenue Chula Vista, CA 91910 (619) 422-8354 FAX (619) 422-4412 Chris Chase Executive Director Board of Menagal1llnt 1991 .1992 Penny Allen, Chair Vice Chairs: Mike Finch Doug Fuller Sandra Murphy Kalhy Parker Larry Cunningham, Secretary-Treasurer Dr. John Vugrin, Past Chair Members: Vince Acosta Ken Baumgartner Mickie Beyer Don Bind Joanne Carson Pal Cavanaugh J.R. Chantengoo Norma Colunga Susie Conners Melvin Cowherd Chuck Day Mary Lynn Deddeh Gari Dillingham Keith Gentry Fred Harder Carl Harry BilHauf Barbara Hunsaker Dick Kau Rosemary Lane Armando Martinez Danny Mendez Peter Moore Mike Pradels Ken Screeton Art Sellgren John Shockley Jr., M.D. Raul Silva-Martinez Bruce Sloan Pam Smllh PalriciaSmllh Mal Taunt Ric Wiliams Heritage Club Penny & David Allen Chris & Sandy Chase William Cheverton Mal & Midge Cowherd Patty Erickson Doug & Barbara Fuller Palricia Smllh Date: November 12, 1991 To: Chula Vista City Council From: South Bay Family YMCA Executive Director Chris Chase Subject: Community Purpose Facility District Item #18 on 11-12-91 Council Agenda The South Bay Family YMCA has been designated 5 acres of land in Rancho Del Rey for a future YMCA facility site. McMillin Development has been very supportive in working with the YMCA as we prepare to develop this site for a family YMCA. Our YMCA use is identified in Exhibit "B" of your council packet under: B. Permitted Uses 1. Boy scouts, girls scouts, and other similar organizations. It is very clear the 5 acres currently designated for YMCA expansion falls under the permitted uses as a community purpose facility. The South Bay Family YMCA has found McMillin Development to be an outstanding corporate citizen. The South Bay Family YMCA will help meet many social, spiritual, service and physical fitness needs of Chula Vista residents. The team work demonstrated by McMillin and the YMCA will positively benefit thousands of youths and adults in the South Bay. Mission Statement: '7he South Bay Family YMCA is dedicated to improving the quality of human life and to helping all people realize their fullest potential as children of God through development of the spirit, mind and body. . /6'-Lfg COUNCIL AGENDA STATEMENT Item jC/ Meeting Date 11/12/91 ITEM TITLE: Resolution 1""tJ"I Establishing a policy encourag i ng 1 oca 1 1 ender comp 1 i ance wi th the Reinvestment Act (CRA) ,'7 Community Development Directorl/- regarding Community SUBMITTED BY: REVIEWED BY: City Manager '~-$'(. ~d (4/5ths Vote: Yes___No___> BACKGROUND: The Community Reinvestment Act (CRA) was adopted in 1977 and requires publ ic charter commercial banks, savings banks and savings and loans that are federally insured to help meet the credit needs of the local communities in wh i ch they are chartered. The reason i ng is that a pub 1 i c charter conveys numerous benefits to the institution which obl igates them to provide publ ic benefits in return. Recent (1989) amendments have given local communities greater leverage in insuring that these institutions meet their public obligation due to: 1) a new rating system of compliance (by federal regulators); 2) required public disclosure of ratings and written evaluations; and 3) increased Home Mortgage Disclosure Act (HMDA) reporting requirements. Typical lender activities under the CRA guidelines include: 1) providing more flexible lending criteria and participating in loan programs which address lower income housing needs and small business credit needs; 2) direct marketing to target groups (e.g. lower income, minorities and women); 3) enhanced customer servi ces for target groups; 4) ass i stance to affordabl e housing and economic development programs; 5) establ ishing and/or funding a communi ty development corporation or small busi ness investment corporat i on; and 6) financing for non-profit developers of low income housing and small business development. RECOMMENDATION: That Council adopt the resolution which establishes a pol icy regarding encouraging local lenders to adopt a community reinvestment program and that Council select from among themselves a liaison to the Economic Development Commission Subcommittee on Community Reinvestment Act strategies. BOARDS/COMMISSIONS RECOMMENDATION: The Chula Vista Economic Development Commi ss i on actively endorses the resol ut i on and pl ans to address the Council at tonight's meeting on this topic. DISCUSSION: The Chula Vista Economic Development Commission has establ ished a Community Rei nvestment Act Subcommi ttee of Mr. Ty Compton and Mr. Jim Lobue to "pursue development of a Community Rei nvestment Act strategy to encourage 1 enders' part i ci pat ion in 1 oca 1 economi c development activit i es" per the City's adopted Economic Development Plan. The subcommittee and the Economic Development /q--/ Page 2, Item Meeting Date J~ 11/12/91 Commission as a whole are recommending that Council adopt the proposed reso 1 ut i on and take a proactive approach to monitori ng Community Rei nvestment Act compliance by local Chula Vista lenders. The proposed policy, as contai ned withi n the resol ut ion itself, states that the City of Chul a Vi sta shall encourage local lenders to adopt a community reinvestment plan which sets goals regarding the following types of activities: 1) providi ng speci a 1 mortgage and home improvement loan programs for lower income and minority households; 2) providing special loan programs for small businesses; 3) sponsoring workshops for lower income consumers; 4) participating in affordable housing and economic development loan programs sponsored by government agencies; and 5) supporting local community development non-profits. The subcommittee, in coordination with Community Development staff, have a 1 ready begun a di a 1 ogue wi th the San Di ego City/County Rei nvestment Task Force as it relates to county-wide Community Reinvestment Act strategies, and continued coordination with this group is planned. Additionally, a dialogue has begun with the Bank of America as relates to Bank of America's county-wide Communi ty Rei nvestment Act activities in 1 ight of Bank of America's proposed merger and its impacts upon Chula Vista branches. The Economic Development Commission Subcommittee has identified a select group of resource people to assist them in developing and implementing Chula Vista Communi ty Rei nvestment Act strategies. The fo 11 owing i ndi vidua 1 s have agreed to serve in this capacity: 1. Greg Cox, Deputy Director, Local Government, Governor's Offi ce of Pl anni ng and Research 2. Art Goodman, President, CDC Small Business Financial Corporation 3. Joe Casi 11 as, Chul a Vi sta Pl anni ng Commi ssi oner/Bl ue Ribbon Committee for Chula Vista Housing Element 4. Dan Marcus, Commun ity Development Coord i nator, South Bay Community Services The Economic Development Commission is also suggesting that Council select a Councilmember liaison to the Community Reinvestment Act Subcommittee. The Economic Development Commission Subcommittee further plans to invite the Community Reinvestment Act compl iance officers from each of the City's seven lending institutions to meet with them on an on-going basis. _0 19..,;. Page 3, Item~ Meeting Date 11/12/91 Future Economic Development Commission Subcommittee goals include identifying local credit and banking services needs, monitoring and evaluating local lender Community Reinvestment Act compliance and promoting local lender participation. FISCAL IMPACT: The recommendation will result in no cost to the City. Successful implementation of Community Reinvestment Act strategies may result in significantly increased reinvestment by local lenders in the City, and could include contributions to city-sponsored housing and/or economic development programs. WPC 4851H J 1/, :) / 19 o#4f RESOLUTION NO. I' 'II'" RESOLUTION OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY REGARDING THE COMMUNITY REINVESTMENT ACT WHEREAS, the Community Reinvestment Act (CRA) of 1977 confirmed that government chartered banks and savings institutions have a "continuing and affirmative obligation to help meet the credit needs of the local communities in which they are chartered," including the needs of low and moderate income neighborhoods and small business; and WHEREAS, the 1989 FIRREA legislation (the "savings and loan bail-out bill ") included amendments to the Community Reinvestment Act which significantly increased the power of the Community Reinvestment Act as a community development tool; and WHEREAS, Community Reinvestment Act guidel ines applying to federally regulated lenders include: 1) ascertaining community credit needs; 2) helping to meet housing and small business credit needs; 3) marketing special programs to target groups; 4) addressing geographic distribution of branches; and 4) part i ci pat ion in 1 oca 1 commun i ty development and redevelopment projects or programs; and WHEREAS, the Council has adopted an objective in its Economic Development Plan to "pursue development of a Community Reinvestment Act strategy to encourage 1 enders' part i ci pat i on in economi c development activities;" and WHEREAS, the Economic Development Commission subcommittee is taking a leadership role in pursuing these strategies, including the assimilation of a group of resource people to act as advisors and 1 iaisons to other community groups. NOW, THEREFORE, BE IT RESOLVED by the City of Chula Vi sta that it shall be the pol icy of the City to encourage every federally regulated local lender to develop and implement a community reinvestment plan in conformance with Community Reinvestment Act goal s and local housing and economic development goals. Such plans could include, but not be limited to: mortgage and special home improvement loan programs for lower income and minority households; speci all oan programs for small busi ness cl i ents; sponsorshi p of educational workshops for targeted residential and. commercial consumers; participation in affordable housing and economic development loan programs sponsored by the City or Redevelopment Agency, federal government and/or state government; and support of local non-profit groups involved in affordable housing and/or economic development activities. Presented by ~ Chris Salomone Commu~ity Development Director WPC 4852H Approved as to form by p ;L!h ~' Bruce M. BOOga~r City Attorney I'-~ COUNCIL AGENDA STATEMENT Item dJ.t? Meeting Date 11/12/91 SUBMITTED BY: Resolution I" '/Ihccepting Report on the City of Chu1a Vista Utility Underground Conversion Program (Status Summary) and approving revised list of proposed utility underground conversion projects Director of Public wor~ ~ City Manager i~1(" (4/5ths Vote: Yes_No..x.) ITEM TITLE: REVIEWED BY: On September 17, 1991 the City Council accepted staffs report on the Utility Underground Conversion for Fifth Avenue between "L" and Naples Streets (Copy attached). At the same meeting, Council directed staff to prepare a status summary report on the entire Utility Underground Conversion Program (UUCP) and to specifically address the issue of undergrounding utilities in conjunction with the reconstruction of Fifth Avenue between Naples Street and Orange Avenue. RECOMMENDATION: That Council accept the report and approve the proposed list of utility underground conversion projects. BOARDS AND COMMISSIONS RECOMMENDATIONS: The City's Underground Utility Advisory Committee (UUAC) has reviewed and approved this report at its October 9, 1991 meeting. REPORT: The City of Chu1a Vista's Utility Underground Conversion Program was instituted in 1968. Since then, approximately 9.8 miles of facilities have been undergrounded at a cost of $5,164,819. On October 25, 1984, the City Council accepted a report on the City's UUCP. As a result, staff was directed to establish a program limited to the conversion of utilities along the following major thoroughfares: 1) "E" Street 2) Broadway 3) Fourth Avenue 4) "L" Street 5) Otay Valley Road 6) Otay Lakes Road 7) Telegraph Canyon Road 8) "F" Street 9) "J" Street .21}-/ Page 2, Item J.O Meeting Date 11/12/91 Since acceptance of said report, the Montgomery Area was annexed to the City and new streets, namely Main Street, Palomar Street, Orange Avenue, and the southerly sections of Broadway and Fourth Avenue were added to the program,. Since Fifth Avenue is not considered a major thoroughfare, it was not included in the 1984 program or added to the program as a result of the Montgomery annexation. The California Public Utilities Commission (CPUC) requires each electric utility company (SDG&E in our region) to annually budget a sum of money for conversion of its overhead facilities to underground. The undergrounding work requires a cooperative effort between the utility companies (SDG&E, Pacific Bell, and cable companies), the City and fronting property owners. Pacific Bell and the cable companies do not allocate conversion funds based on a set formula as in SDG&E's case. They must, instead, annually budget sufficient funds to cover conversion projects agreed upon by the Underground Utility Advisory Committee. The City is responsible for coordinating and planning the UUCP in cooperation with the utility companies and affected property owners within a given district. The 1984 report recommended that conversion of utilities be completed on a street by street sequential basis. The City's current UUCP is based on said report and on the official undergrounding program approved by the City Council in 1979. The program is intended to be implemented through the mechanism of district formation in accordance with the following procedure: 1. The Underground Utility Advisory Committee which consists of utility and City representatives plans and coordinates the conversion projects. 2. The City holds public hearings regarding the creation of specific undergrounding districts. 3. The City Council by resolution establishes an underground district based on one or more of three findings in accordance with 20A rules established by the CPUC: a) The undergrounding to be accomplished will avoid or eliminate an unusually heavy concentration of overhead distribution facilities. b) The streets, roads, or right-of-ways are extensively used by the general public and carry a heavy volume of vehicular traffic. c) The said streets, roads, or right-of-ways adjoin or pass through: 1) A civic area, 2) A public recreation area, 3) An area of scenic interest to the general public. In order to provide for implementation of the program, in accordance with the procedure mentioned above, the City Council first approved a rating system for determining the relative priority of various potential undergrounding projects in November 1972. The system was subsequently revised in June 1977 and July 1979. The rating system consists of many factors that help in determining the ranking of potential projects. The factors are: FACTOR MAXIMUM NUMBER OF POINTS Traffic Volume Entry to City 15 5 J..p..,;. FACTOR Page 3, Item .2 d Meeting Date 11/12/91 MAXIMUM NUMBER OF POINTS 10 5 Aesthetic Benefits Presence of Parks andlor Public Buildings Relationship to approved undergrounding district! previously undergrounded facilities Associated construction project Property owner funding 12 15 10 A more detailed description of the rating system is attached as Exhibit "A." Also attached is Exhibit "B" which shows a list of proposed projects to be included in the revised program that consists of 22 projects. The list was compiled using the factors considered in the rating system as shown in Exhibit "A." The last official program was approved by Council on August 23, 1979 (Resolution 9735) and consisted of a priority list of 40 potential undergrounding projects throughout the City. The official list was not strictly followed because of changing community needs when it came time to form new conversion districts and because of the annexation of the Montgomery Area. The revised list adds three streets to the list of major thoroughfares approved with the adoption of the 1984 report. The new streets are Palomar Street, Main Street, and Orange Avenue. The revised list does not show any projects on Telegraph Canyon Road because the last segment with overhead utilities between Apache Drive and Rutgers Avenue is being undergrounded in conjunction with the widening of that street section. As a result, the proposed conversion program is limited to the conversion of utilities along the following major thoroughfares: Street 1) Fourth Avenue 2) "E" Street 3) "F" Street 4) Palomar Street 5) Broadway 6) Main Street 7) "L" Street 8) Otay Valley Road 9) Otay Lakes Road 10) "J" Street Segment . Northerly City limits to "E" Street . "H" Street to "L" Street . "L" Street to Orange Avenue . Broadway to Corte Maria Avenue . Third Avenue to Second Avenue . 1-5 to Industrial Boulevard . "C" Street to "E" Street . Industrial Boulevard to Fourth Avenue . Monserate Avenue to Nacion Avenue . Fourth Avenue to Third Avenue . Fifth Avenue to Third Avenue . Oleander Avenue to Brandywine Avenue . Ridgeview Way to East "H" Street . East "H" Street to Apache Drive . Bonita Road to Camino Del Cerro Grande . EtO Broadway to Third Avenue . First Avenue to EIO Nolan Avenue . EIO Nacion Avenue to WIO Lori Lane . Third Avenue to First Avenue '" () -J Page 4, Item .2() Meeting Date 11/12/91 11) Orange Avenue . Fifth Avenue to Fourth Avenue . Fourth Avenue to Third Avenue . Palomar Street to Fifth Avenue Exhibit "C" lists said streets, shows the mileage for each project and the estimated cost to underground the overhead utilities. Staff believes, as before, that the UUCP list should be limited to the undergrounding of utilities along the City's major thoroughfares in order to make the goals of the program more realistic and obtainable. The proposed UUCP list is believed appropriate because: 1) It would convert utilities along the most travelled streets in Chula Vista and thereby improve the aesthetic value of the City's major thoroughfares; 2) The benefit obtained from a more scenic environment would be enjoyed by a greater number of people, both residents and visitors to our City; and 3) These roadways adjoin or pass through the City's civic, recreation, and scenic areas. The top priority project on the proposed list is Fourth Avenue between "E" Street and the northerly Chula Vista boundaries. The undergrounding of Fourth Avenue will include utility conversion of both distribution and 69,000 volt transmission lines. Fourth Avenue is a gateway to the City and enhancing its aesthetic value will make access to the "Center City" area more pleasing to the eye. Similarly, conversion of the 69,000 volt transmission lines along Otay Lakes Road will significantly enhance its scenic value. Otay Lakes Road is designated as a scenic route in the City's scenic routes element of the General Plan. It is important to note that it is our intent, as expressed in the 1984 report, to limit the conversion of the 69,000 volt transmission lines only to these two streets and to locations where the project aesthetic value and safety would be enhanced as determined by the City Engineer. The conversion of "E" Street between Broadway and Corte Maria Avenue is the second highest priority on the proposed list. The "E" Street project will also include the conversion of overhead utilities crossing the section of Guava Avenue (Candy Cane Lane) of "E" Street. Special consideration was given to the section of "F" Street between Third Avenue and Second Avenue as a result of renovating Norman Park Senior Center and plans to construct the necessary improvements associated with the bus stop zone. After considering the impact of the new Center and assigning the maximum number of points in accordance with our rating system, said section of "F" Street ranks as #3. On November 5, 1991, the City Council adopted Resolution 16394 directing the formation of an Underground Utility District along said section of "F" Street. The Underground Utility Advisory Committee is scheduled to meet on November 13, 1991 and will proceed with the formation of the "F" Street District per Council direction. The conversion of "J" Street would only occur when and if the street is widened to ultimate City standards. The relative priority could conceivably move up in accordance with any future widening projects. The utilities on "J" Street from 1-5 to Broadway are underground, since said section has been widened to ultimate collector standards. ~{)-'I Page S, Item :J./) Meeting Date 11/12/91 Some of the projects on the proposed undergrounding list parallel projects which are included in the City's five year Capital Improvement Program. The Underground Utility Advisory Committee is responsible for planning and coordinating the conversion projects in such a way that the undergrounding does not conflict with or affect construction of the Capital Improvement Project. Since the program was instituted 22 years ago, we have undergrounded utilities at the average rate of almost 1/2 mile per year. Engineering staff estimates that the revised undergrounding list which is limited to the major thoroughfares discussed above, consists of approximately 12 miles. Based on the projected revenues, the factors involved in forming an underground district and on the schedules of the various utility agencies, it is safe to presume a realistic program would convert on the average about 1/3 mile per year. However, since the total amount of uncommitted, 20A allocation funds is $4,393,368, the rate of conversion will be about 3/4 mile per year for the first three years. The actual completion date is difficult to determine. We anticipate that our program would take about 10-12 years to complete. Amounts of 20A allocation projections through the year 2,000 are shown in Exhibit "D." The total is $22,729,031. As indicated in Exhibit "c" the total cost of all the proposed utility undergrounding projects is more than $19 million. The amount of total allocations committed to projects under construction is $2,135,500. These projects are: 1) Broadway between "L" Street and Moss Street 2) Broadway between "K" and "L" Streets 3) Broadway between "I" and "K" Streets 4) Main Street between 1-5 and Industrial Boulevard. The amount of total allocations to date is $11,693,687. This report also specifically addresses the issue of whether the overhead utilities on Fifth Avenue between Naples Street and Orange Avenue should be undergrounded with the widening and reconstruction of said project. Exhibit "E" illustrates how Fifth Avenue ranks in comparison with the other projects on the proposed list. The project ranks as #13. The construction plans for the project are nearing completion and we are currently working with the utility companies to relocate the overhead utilities. If there was no construction work involved and no points assigned for said activity, the Fifth Avenue project would have ranked at the bottom of the list (No. 23). Staff does not recommend the undergrounding of overhead utilities on Fifth Avenue between Naples Street and Orange Avenue in conjunction with the. widening and reconstruction for the following reasons: 1) The utility companies representatives on the UUAC strongly objected to undergrounding this project. In their view, the project does not meet any of the three conditions to qualify for undergrounding under the CPUC 20A rules discussed on Page 2, Item 3 of this report. Staff believes that at this time, this project would not qualify relative to all other projects under rule 20A. However, since the conditions are somewhat relative (Le. what is a heavy concentration of overhead utilities), Council may be more easily able to make the necessary fmdings in the future when the current list of projects is completed. ;J.(J..5' Page 6, Item ~ () Meeting Date 11/12/91 2) As mentioned above, the improvement plans for this project are nearing completion and we are ready to bid the job for construction. Formation of an underground utility conversion district, at this point, would delay the project by approximately two years. 3) The utility companies have already started the design work on the utility relocation plans. 4) Fifth Avenue between Orange Avenue and Oxford Street was approved for inclusion in the second cycle of the State/Local Transportation Partnership Program (SB300). Said approval translates to a maximum potential revenue to the City of Chula Vista in the amount of $276,500. The project construction bid must be awarded before June 30, 1992 in order to qualify for said revenue. Should Fifth Avenue be included in the proposed program, it could be argued that other streets with similar characteristics (Le. classification, low traffic volumes) should also be included. Some of these streets are Second Avenue, First Avenue, Anita Street, "C" Street, "D" Street, "G" Street, "I" Street, Industrial Boulevard, "K" Street, Melrose Avenue, Moss Street, Nacion Avenue, Naples Street, Oleander Avenue, Oxford Street, and Quintard Street. To consider these streets in the program now, would expand the timeline by over 10 years. During the past 22 years, the City of Chula Vista UUCP has attempted to convert facilities along major routes, entrance ways to the City, and streets serving commercial land uses. This report and the proposed UUCP list are in line with the same policy and limit the conversion program to utilities located along major thoroughfares. FISCAL IMPACT: None. File # KY -078 LY-033 SMN:SBI A-l13SIUNDRGRND.RPT 110791 ).p ,," :E <l 0:: C) o 0:: ~ C) zt- -CI) C_ Z..J ::Jc ~LL1 C)CI) 0::0 LL1~ CO ZO:: ::J~ CI) LLI - t- - ..J - t- ::J !!: o > er w en lU erer lU ~l( 0'" ....0 AVE. ..: en z ::E INDUS1RI A L. o ~l''''\~ ~~~<':J ,,,, 805 "'~~ l>o-Jt. ""~ l>o-Jt. \lI'\Op.1:),~p.\ ,,,tt'fl" OltGO yJoI .2&>--1 June 20, 1979 Exhibit "A" Sheet 1 of 3 Sheets RATING SYSTEM FOR UNDERGROUNDING OF UTILmES TRANSMISSION AND DISTRIBUTION FACILmES PROJECTS A. EXPOSURE 1. Traffic Assign one point for every 2,000 ADT. Use estimated post-construction ADT for projects under construction, or financed and scheduled for construction within two years. MAXIMUM POINT VALUE - 15 points 2. Entrance to City Assign 5 points for segment approximately one-quarter mile in length and terminating at a freeway interchange (either existing or under construction). FIXED POINT VALUE - 5 points (Total Al plus A2 = a maximum of 20 points) B. AESTHETIC BENEFIT 1. Assign a maximum of 10 points on the basis of the evaluating group's perception of the BENEFIT of undergrounding the segment. The points are to be assigned based on a comparative evaluation of the characteristics of the segment. Factors to be considered include but are not limited to: a. Number of Signs b. Width of Street c. Number of Poles, height & diameter d. Number of Crossarms e. Number of Circuits f. Height and Location of Existing Buildings (setbacks) g. Character of adjacent properties (residential, commercial, etc.) h. Presence of Street Trees MAXIMUM POINT VALUE - 10 points (continued on next page) .JI)--' PAGE 2 2. Parks and Public Buildings Assign points dependent upon size, aesthetic value, and location of park or public building relative to project area (Note: Normal points for principal park or building frontage, 3 points; side exposure, 1 point). MAXIMUM POINT VALUE - 5 points (Total Item Bl plus Item B2 - Maximum 15 points) C. RELATIONSHIP TO APPROVED UNDERGROUNDING DISTRICT/PREVIOUSLY UNDERGROUNDED FACILITIES 1. Assign 5 points to the project if it extends either an approved undergrounding district or a previously undergrounded facility. FIXED POINT VALUE - 5 points 2. Assign 10 points to the project if it is a closing link between any combination of approved undergrounding district(s) and/or previously undergrounded facilities. FIXED POINT VALUE - 10 points 3. Where the proposed project intersects either an approved undergrounding district or a previously undergrounded facility, assign one point to each leg (whether to the right or to the left). MAXIMUM POINT VALUE - 4 points 4. Assign a maximum of 5 points to the project if there is either an approved undergrounding district, or previously undergrounded facilities exist along one side of the subject street segment. MAXIMUM POINT VALUE - 5 points (Total Item Cl plus Item C2 plus Item C3 plus Item C4 = a maximum 12 points) D. ASSOCIATED CONSTRUCTION Assign 15 points to a street segment scheduled for widening during the current or next fiscal year. FIXED POINT VALUE - 15 points (continued on next page) .1.P-IQ PAGE 3 E. PROPERTY OWNER FUNDING Assign a maximum of 10 points where property owners formally agree to finance a significant share of undergrounding the distribution and/or transmission facilities. MAXIMUM POINT VALUE - 10 points SBI A-113SIUNDRGRND.SMN 101591 ,J,P4/ ~ = ~ = = = = g !g ~! ~:=: =- ~ ~~ -= ~8 = i - ~ ~ g ~ = ~ ~ ~ u ~ o ~ ~ ~ ~ ~ ~ g:~: ~;i; ~ = . 8~~~ ~ ~ "'"'''''go ~ c:: ~ ~ 0 ~ .~.~,~ - ==~ :=~ = ~~ ~:= 0_ -= _0 -~ - = :=: >0 ~~ ~~ _0 ~I 0= - = != ~i ~ = ~~ ~:~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~====~=~~~--=- . == = ---=-=-====~========== .; ~~ ~>~~~=~~~~~~~----~---~- =~ cu 0 ~ ~ = ~ - ~ - = ~- - = ~- ~ -- =- -- -= -- - -- ~~ ~e ~~ ~~ :=~ ~ee-~-~-~~~e--~e~----- -----================= .....c:;> .....__'<'.t coc::o co= --.....-------~---~..........~-~.......... ~ -- ~ = - = :=8 == ============ = ~-=~~~-_....._-~-_.....==-==== ~;~E~~~~;;~;;~~~;=~~~~ ~ - ~ ~ s ! - = ~ = ::1 G _ GO..... ... : ~=~ ~ ~ ~~-~ _;!~ ~o'i~ ~~~~ ~~!-~~! ~~~~ ~~~- .....~-~~---~~= ;zg~ .~=~~.;i*~~=~~~~:~: _"'U__ Q __ _~5a>~~_g.....~'_ ~~~_~~~-O-~ZO~~~~-O~ .~~ ~Bo~~~~ .___.....oo~oZ-o~oZ ~~E,,;~_~.~:.__~~!.~=d~~~~~~~:~~ ~~~::;fi~:.~~!~:!~~!'~!; 5~~-~~~~~~~_Z~~Z~~~~~~ ...0-_..... -CC::G>::lI' _"'_0:::. _=>Q....O.__ ~~~~~~~c~~~~~~~~~~~~~~ - :;; ~ ~ ~ - G ~ ~ G > ,.. <II <l> <II <II ,.. ::55~~: ~~:n:n<r.><r.> ~ G G ~~~--~ ~1).J.2 EXHIBIT "c" STREAMLINE ESTIMATE OF PROPOSED LISTING OF UTILITY UNDERGROUNDING CONVERSION PROJECTS STREET 1 Fourth Avenue 2 ''E'' St reet 3 'T' St reet 4 Palomar Street 5 Broadway 6 Main Street 7 "L" Street 8 Otay Valley Road 9 "L" Street 10 Fourth Avenue 11 Otay Lakes Road 12 Otay Lakes Road 13 "L" Street 14 Otay Lakes Road 15 Fourth Avenue 16 Orange Avenue 17 Orange Avenue 18 "J" Street 19 "J" Street 20 "J" Street 21 "J" Street 22 Orange Avenue SEGMENT Northerly City Limits to "E" St. Broadway to Corte Maria Ave. Third Ave. to Second Ave. 1-5 to Industrial Blvd. "c" St. to "E" St. Industrial Blvd. to Fourth Ave. Monserate Ave. to Nacion Ave. Oleander Ave. to Brandywine Ave. Fourth Ave. to Third Ave. "H" St. to "L" St. Ridgeview Way to East "H" St. East "H" St. to Apache Dr. Fifth Ave. to Fourth Ave. Bonita Rd. to Cam. del Cer. Grande "L" St. to Orange Ave. Fifth Ave. to Fourth Ave. Fourth Ave. to Third Ave. E/O Broadway to Third Avenue First Ave. to to E/O Nolan Ave. E/O Nacion Ave. to W/O Lori Ln. Third Ave. to First Ave. Palomar St. to Fifth Ave. TOTAL .,2() -13 LENGTH (MILES) 0.70 1. 30 0.25 0.25 0.40 0.90 0.40 0.20 0.25 0.50 1.00 0.50 0.25 0.70 1.25 0.30 0.30 0.75 1.00 0.50 0.50 0.20 12.40 STREAMLINE ESTIMATE $2,217 , 600 1,716,000 400,000 396,000 633,600 1,425,600 633,600 316,800 396,000 792,000 1,584,000 792,000 396,000 1 , 108,800 1,980,000 396,000 396,000 931,300 1,250,000 625,000 625,000 264,000 ----------- ----------- $19,275,300 EXHIBIT "D" 20A REVENUE PROJECTIONS BEGINNING BALANCE 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 ;JP-JI! $ 3,101,412 1,291,956 1,407,243 1,535,005 1,673,129 1,823,727 1,987,856 2,166,723 2,361,728 2,574,283 2,805,969 $22,729,031 ~ - ~ ~ ~ ~ = ~ - - ~ g ~ - ~ - - ~ - ;; :e ~ ~ = ~ - ~ ~ ~ 8 ~ = = ~ ~ ~ ~ ~ ;!i = ~ ~ ; ~ = ~ = 8 ~ = - ~ = ~ ~ ~ = 1Jj - ~ '" ;!i i - ~ = = ~ ~ = z ~ - ~ I = = ~ ~ - = I = ~ = - ~ ~ = - ;!i = ~ = - ~ ~ = - = = ~ ~ - = '" ~ = ~ ~ ~ - = = ~ ~ ~ - ~ ~ ~ ~ ~ z - ~ :e = i ~ ~ ~ = - ~ ~ = g ~ go 8 ~ ~ ~ g = 8 u ~ o ~ ~ ~ - ~ _ 0 ~- ~ c:: c:: c:: ..a ~ 0 ... ~.." -_-c <<1-- uo-_ ~=-.=-- .... . u . .~~-:~ ~~.e:;: l~i~ - o o ~ = ;; ~ - = - ~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~-----~--------- -----------============ =-==~~==~~~~-=~~======= = = = --==-================== ~~~~=~~~~~~~~=~~~~~~~~~ ~~~=====~~~~~-~-~~~-~== ~~~-e-~~eee~~~~eee~~-~- --=~~================ ~= - - -....- ==~_ee~~e~e~~....__~....~ == ========== == = ~-=~-~--~~---=-~==-==== ----~----~---_...._~-~~--= ~----~_...._------~------- ~--~~~~------~-----_...._- ~ = ;:: ~ ~ ~ ~ c:: ... .~: = ~...-- 3:'" ij~~ ~~~~~ ~~~:3~... ;~i~ .;i~~ ii;iii;;~~~~: .~...a_~ o-~~~=~~_...~~~~3~~ ~~~~~~~~-~Z~~~~i~:3~w~ _~o_~_~ -_~_ ooo~o~~3=3~ ~3~!~:~!~~~~~~~:~.....c:: ._ :::: _ ~ .=; -- .:! ~ ..... .;;: ~ 1;. ~:;; ~ ~ ~ :;; ~ ~.~ ~ U> ~~~ .~~~ .-_=~ .~ O~U~~ 5~~~~~=~~~~~~E~~~~~~=~e ~e~~~~~~g%~~~~~~~5~~~~_ :zeD_...... .....:11:0....... 0:;......... :zeD. .......... .................._Q. = ~ ~ ~ ~~~ !~~~ ~ ~ - ~ ~""'''''' g:""'~~~ "" =~~~~~~~~~~~~ji~~~~~~~: ~~~~~U>~~~=~~~ ~=~~~~~~~ ~U>U>_~ U> U>~ U>= ~~~u>U>u>U>~ ~ O~C: ~ ~....~c:"" c: "".. _0._' ~. :::o..~. _~:::o.......,.. ... o...............~...~~~o_~~__o~~~~~~~ ....... . <>-<:Oz. O. ......00. ......0......00.. . . a = ~ ~ ~ ~ ~ J().lf RESOLUTION NO. /6'1/.5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING REPORT ON THE CITY OF CHULA VISTA UTILITY UNDERGROUND CONVERSION PROGRAM (STATUS SUMMARY) AND APPROVING REVISED LIST OF PROPOSED UTILITY UNDERGROUND CONVERSION PROJECTS The City Council of the City of Chula vista does hereby resolve as follows: WHEREAS, on September 17, 1991 the city Council accepted staff's report on the Utility Underground Conversion for Fifth Avenue between "L" and Naples Streets; and WHEREAS, at the same meeting, Council directed staff to prepare a status summary report on .the entire utility Underground Conversion Program (UUCP) and to specifically address the issue of undergrounding utilities in conjunction with the reconstruction of Fifth Avenue between Naples Street and Orange Avenue; and WHEREAS, as a result, the proposed conversion program is limited to the conversion of utilities along the following major thoroughfares: Street 1) Fourth Avenue 2) "E" Street 3) "F" Street 4) Palomar Street 5) Broadway 6) Main Street 7) "L" Street 8) Otay Valley Road 9) Otay Lakes Road 10) J" Street Seqment . Northerly City limits to "E" Street . "H" Street to "L" Street . "L" Street to Orange Avenue . Broadway to Corte Maria Avenue . Third Avenue to Second Avenue . 1-5 to Industrial Boulevard . "c" Street to "E" Street . Industrial Boulevard to Fourth Avenue . Monserate Avenue to Nacion Avenue . Fourth Avenue to Third Avenue . Fifth Avenue to Third Avenue . Oleander Avenue to Brandywine Avenue . Ridgeview Way to East "H" Street . East "H" Street to Apache Drive . Bonita Road to Camino Del Cerro Grande . E/O Broadway to Third Avenue . First Avenue to E/O Nolan Avenue . E/O Nacion Avenue to W/O Lori Lane . Third Avenue to First Avenue WHEREAS, the city's Advisory Committee (UUAC) has reviewed and approved staff's recommendations at its October 9, 1991 meeting; and 1 .J() -'7 WHEREAS, staff does not recommend the undergrounding of overhead utilities on Fifth Avenue between Naples Street and Orange Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept report on the City of Chula vista utility Underground Conversion Program (Status Summary) and approving revised list of proposed utility underground conversion projects set forth herein. Presented by Approved as to form by Br:::.~~y Attorney John P. Lippitt, Director of Public Works C:\RS\UUAC 2 ~o"lr COUNCIL AGENDA STATEMENT Item Meeting Date 9/17/91 ITEM TITLE: Report on the Utility Underground Conversion for Fifth Avenue between "L" and Naples Streets. SUBMITTED BY: Director of Public Works REVIEWED BY: City Manager (41Sths Vote: Yes_No.Ll I On September 10, 1991 the City Council directed staff to prepare a report on the undergrounding of utilities on Fifth Avenue between "L" and Naples Streets. This report also addresses the next phase of Fifth Avenue between Naples Street and Orange Avenue. The plans on this project are nearing completion and we are working with the utility companies on the relocation plans. RECOMMENDATION: That Council accept the report. BOARDS AND COMMISSIONS RECOMMENDATIONS: None REPORT: The construction of Fifth Avenue between "L" and Naples Streets is nearing completion and Council requested that staff report back on undergrounding existing utilities to further enhance its appearance. As a result of this request, we have seriously evaluated undergrounding the utilities on this portion of Fifth Avenue. The City of Chula Vista Utility Undergrounding Conversion Program was instituted in 1968. Since then, approximately 9.8 miles of facilities have been undergrounded at a cost of $5,164,819. On October 25, 1984, the City Council adopted a report on the City's Utility Underground Conversion Program. As a result of said adoption, the City Council directed staff to establish a program which limits the conversion of utilities along the following major thoroughfares: 1) "E" Street 2) Broadway 3) Fourth Avenue 4) "L" Street Jt~// Page 2, Item Meeting Date 9/17/91 5) Otay Valley Road 6) Otay Lakes Road 7) Telegraph Canyon Road 8) "F" Street 9) "J" Street The report recommended that the conversion of utilities be completed on a street-by-street sequential basis. The City's current Utility Undergrounding Conversion Program is based on said report and on the official Undergrounding Program approved by the City Council in 1979. The City Council first approved a rating system for determining the relative priority of various potential undergrounding projects in November 1972. The system was subsequently revised in June 1977 and July 1979. The rating system consists of many factors that help in determining the ranking of potential projects. The factors are: E FACTOR MAXIMUM NUMBER OF POINTS Traffic Volume Entry to City Aesthetic Benefits Presence of Parks and/or Public Buildings Relationship to approved undergrounding district! previously undergrounded facilities Associated construction project Property owner funding 15 5 10 5 12 15 10 A more detailed description of the rating system is attached as Exhibit "A." We also are attaching Exhibit "B" which shows a developed list that illustrates that Fifth Avenue ranks 21st in relation to other projects in the current program. If points had been given for an associated construction project, it would have tied for 15th place. Exhibit "C" shows the mileage of the projects the cost to underground (Le. streamline). Staff believes, as before, that the Conversion Program should be limited to the undergrounding of utilities along the City's major thoroughfares in order to make the goals of the program more realistic and obtainable. The adopted Conversion Program is believed appropriate because: 1) It would convert utilities along the most travelled streets in Chula Vista and thereby improve the aesthetic value of the City's major thoroughfares; 2) The benefit obtained from a more scenic environment would be enjoyed by a greater number of people, both residents and visitors to our City; and 3) These roadways adjoin or pass through the City's civic, recreation, and scenic areas. Fifth Avenue has a relatively low average daily traffic volume (ADT) and is not considered a major thoroughfare. Based on the adopted rating system, it does not rank high enough to be included on the priority listing of the Utility Undergrounding Conversion Program. The JO/;LO Page 3, Item Meeting Date 9/17/91 construction of Fifth Avenue between "L" and Naples Streets is nearing completion. The contractor wanted to place the final layer of pavement during the week of September 9, 1991. The contractor has already indicated he wants additional pay if we delay him past September 13, 1991 on completing the paving. The undergrounding work would require us to cut through the newly installed pavement and sidewalk in most of the street section. However in some areas, the undergrounding work could take place behind the sidewalks, especially in the area between "L" and Arizona Streets. According to the Development Coordination and Construction Time Requirements Chart developed by SDG&E, it could take up to 51 weeks before the start of actual undergrounding construction and it could take up to 75 weeks before the poles are removed. Overall the process of undergrounding the utilities could take as much as two years before completion. The other utility companies (pacific Bell and Cox Cable) do not allocate conversion funds based on a set formula as in SDG&E's case. They must, instead, annually budget sufficient funds to cover conversion projects agreed upon by the Underground Utility Advisory Committee. Since Fifth Avenue is not part of the program, the utility companies will need additional time to better plan and allocate resources for its undergrounding. According to SDG&E, the streamline estimate for undergrounding the utilities on Fifth A venue between "L" and Naples Streets is $625,000. If we were to delay placement of the final layer of pavement in order to have a good travel surface following the undergrounding construction, the following ramifications must be addressed : 1) The contractor might ask for full payment of the profit that would be realized if the job were to be completed; 2) Drainage mitigation measures will need to be taken in order to allow proper drainage flow in the gutters; 3) The manhole rims will remain higher than the surrounding pavement elevations and might create a hazardous situation; and 4) The street would be left incomplete for a period that could be as much as two years and the residents would be further inconvenienced for that period of time. Because of the timeliness of completing the contract and the above considerations, the contractor is proceeding with the fmal paving. While the concern raised was a good point, the timing made the undergrounding difficult at this point. This item could always be reviewed later if it becomes a concern of the residents. On the Fifth Avenue projects between Naples Street and Orange Avenue, the construction plans are essentially complete and we have been working with the utility companies on the relocation plans. We have now indicated to them that this work should be held off pending a decision on whether or not we would be undergrounding the utilities. Since we have a project getting ready to go to construction, it is appropriate to determine now if the utilities should be undergrounded. The estimated cost to underground this last phase of Fifth Avenue is $750,000. The total amount of uncommitted 20A Allocation Funds is $4,393,368. The City receives approximately ;2.0 ~,)) Page 4, Item Meeting Date 9/17/91 $1.2 million additional each year. As indicated in Exhibit "CO the total cost of all of the possible utility undergrounding projects is $17,848,600. Because of the relatively low ranking of Fifth Avenue from Naples Street to Orange Avenue, we recommend that the priority list be followed in implementing the City's Utility Undergrounding Conversion Program. Based on this report, we do not recommend that the utilities on Fifth Avenue be undergrounded at this time. We will follow up in the very near future with a report on the entire Utility Undergrounding Conversion Program for reconsideration. The next phases of Fifth Avenue will not be scheduled until the City Council has had mote of an opportunity to review the entire program. SMN/FILE# KY-078 L Y -033 L Y -040 SMN:SBI A-113SIUNDRGRND.SMN 091391 )O/)r ~ "..~'-: ,., ,.-., ~ r-, ~.4~' '.-c.-,:;o. , ;-? ,.,.= fI:, ;: f.r~ ;::',.; --. ;G, r~v --o.T ~- .. 'W: :JN~ ,:~~~;= j~~~E ,- 'n= r.-,:::' '. ~,\'kct: EET?ti'EEN ,jUST fr';: '-':- ,--~........, ..,-..,.- ~, Dt. jW~ t r~ 3RD I~f~D :3T tj-'-~ LiKE L STi<EETj .l- A;~= '-: A ~{';;: ,,- ~ ;-\:L~.; ;tl'-"" ~ 'F':A:" ~,i'~ :_~ =;Uf~ A \j' f: liA'it. PA~~;(:NG -. - - ... - - ~ - - - - ,- -"C;p:-.,-i ..c,: ~.... ,.;;l;....--'~..:.-=--=___.-' H A ~'..i =-~- ;'o, , .- ~-, t2,_ ::,,:"~_, C-,- ;",: ,A ~[, ANt) --_.- ---, .--- , ".' !.... CA ~::' ; ,.,-'-\ [\ .,1,(.1 '\/' ,j A~'F 3;:.......~=: ~ ,... ,-,--,,--.-- ,....;-:..;;. :":;::;.'"- A ~ .,.-.. ~ U~d~ L P,f~ t. ..ij _;;-r-;; kk~ l...'""'r...r- i{>j!f d.) "" N Hi!: :~ '-""1: ... :/"-" 1 ( ) , '.., \.,' ;; ~i n~lr '-,it:E S:JE :"2 .~.. - ...;' - '" o ,_-:,.1. f.' '" - :;7-. .,,' I, r 5 November, 1991 Chula Vista City Council Mayor Nader, Councilman Moore Councilwoman Hart Councilman Rindone, Councilman Malcolum. My name is Rosemary Craig, I reside at 416 L street Chula Vista, Ca. 91911. I do not want the city to prohibit parking on both sides of L Street. On our property We have two homes. My husbands Mother, Mrs Lorene Lakes lives in the back house, While I and my husband live in the front house and I am very happy to say, My Mother Mrs Anotnia Swaitlowski resides with us. On street parking in front of our house will only accommodate two cars as it is. Please know that by prohibiting parking that one daughter, two sons three grand-children not to mention friends, will have no place to park if they wish to visit. I will not even begin to count aunts, uncles and cousins who will not have access. We do not just have a house on L street it is a home because of the people who reside there and the family who visit. When other people are celebrating special days such as , Christmas, Thanksgiving, Easter and birthdays. We will no longer be able to accommodate people so that we can enjoy them as well. Which I feel is our right as homeowners in the city of Chula Vista. On the nightly news, in the news papers, and on peoples lips the question asked quite frequently is,.What is happening to the American family? I'm writing to tell you that ours is alive and well and a content family unit and we would like to keep it that way. I have written My opinion on how I feel about family and what it means to me. Bow you who are about to vote on this issue will let me know what it means to you. I thank you for your time, Rosemary Craig 5 November, 1991 Chula Vista City Council Mayor Nader, Councilman Rindone, Councilman Moore, Councilman Malcolum. Councilwoman hart, My name is Charles R. Craig"I reside at 416 L street Chula Vista, Ca. 91911. I do not want the city to prohibit parking on both sides of L street! E street between First and Bonita Rd. is 64 feet wide as is L street. E St. has a turn lane in the middle and parking is allowed on one side of the street. A cross walk with a flashing yellow sign mid block on L St. will take care of your J-walking worries. In the past six years the parking of 18 wheel trucks has not been a problem. I do not see why it will become one now. My wife Rosemary Craig Runs a business out of our home as do I. For these two businesses We pay the city of Chula Vista a very healthy fee for the right to operate. It is my understanding that the city now plans to ban parking on L street in order to put a turn lane down the middle of the street and erect a concrete barrier from the corner of Fourth and L west to nearly mid block. I for one will not be able to access my property except from the west. I drive a 14' truck which I park in my drive, in order to park the truck in my drive I have to park one car on the street. If the city bans parking on L street you are going to force me to either (A) sell my car or (B) go out of business. I was taught that Government was By the people for the people, But I guess that everything changes with time! Than you for your time, Charles R. Craig :JII :I-? ]]J::: /~,>'-~;,;~~~,-~7'" ~.&~..o!-~~;,4 :JwlIID J :J. :--: !'-.,...., ~ __';:'......io.i:aI ,?:,-..,,~.~""!'~i~ ""d~~~,..;,~d.i 1~ ,,;iidl...i; ,;?m~ .~~ I-'--~.-;:">, :-~~:;.~ -~"'"i'!'~,"'7 ,. - .<Ic.__-. -,:,+..,;..;i""::::;'~~ Tfl ~ !i' ~ '~~~~:~ '~J"jt,3..~~...;.' RECEIVED ~ '91-.troV -7 P4 :16 .;...;, ~. ~......: 7- , ;ClJY OF C! - ..-CI~'f::C~f:id " :;1 A ,'CE ~- -:'-' ~ l\. ~ ,,.., <1: "fr. ---, -') -4 LE~eE co __I WffE ~S!:L 7 . :5 I G-N A-+UJ<.ES ('.0 [La' -;fF:7) ;J _._-_._~_._~-~,--~~--'-----_.__._-- ----_.~_._._---,... -- -- -~"-,_..__.- " ,- ..<:.... !-.) . L LL ..)~ .L....~. ~ . il. L~ ~~ ,-J _J j .? --+2 ) rl {..... ( ~'" ~- -- '] " c_/ <{/ r::' <:.~:::,< (; ,; ?! / /.. d J ~NEIGB:BORS , , ""'H;,~f,' '-,;,r "';,.,l'c:;::"1';,.';,,;~," ;1 .,..... . .cHvIA. VISTA fI ..h... .,'" .....l:'f"""*"--- ~.; :'!lh" -AIlOBIlIAN'S <WIDEN, /...,.-................. T..-.....IDI1:. _ prdeIi ....._. .. ~ ..A....p..t Oet. ;J.. at tile CIa". Vida ..... ....1""_6- 0.... ...... _ put..the a..Ia Vbta'Rotary ct.... Prnenre .......--........- dell will...... to dae___ ...........P.........- .blc" .. ..I}' te.od ... G_- ........- Botarta. ...........-ked Irom.cdtppID'I.,..-.leala .aJre.dy edd:ing _lite pobIt. ---.. to .. eIIaIr- __eo-.. -We tool.adIhap and IN""" "em..-the NahIre Ceater"s peeli .o.Ie~'" .aid CoDDcn. ....111 ......... .-- Ior-..l ...... eM .......__ ~........- ,The.plnt. .IM .u..a ...- y--_................... ............ ~the eeDbIr. . way lID pr.-Ie _mdioa ol......~.....C-- ~ , The ....... ,will he.~ for ........ . .' ill II j , ' RIV ALRY!,t Sweetwater, Chula Vista highs ready for showdown b.cb u they loupt.u.. wan with ODe.anolLer for ., would atways tell: my ability 8pl.DIt them. If they South Bay bngtzIg.. were the belt In the league. I illI!J~d ; ._ _". ~".-' -n.e.............. ....-.od........ Tel..... ~ -..... cooId fIoy-"1) ... dINe yea-......her_ the..........vanitf bit. _ baD telIm. "'We don't ... alwiDg an)'tbiaw: with tClmla WIllard said dwiog his~. the ~ Vlsta).Theooly~,..ea~wL.t.Jaootisbest1s bIam'.eeptldnkkhdJOmetalented I .. 1m 1M Iootb.II iIId,. playen Off the team who weren"t fte~lliIs"'<<lIlIB__"'.""','5Weet- teuliodieDll!d. -. water, ..:booI tha dommted South Bay footbaIliD the WIIWd Aid thIt 'l!ibde the __ migbt '-' pme~ .dyl88Ol.JJIIlM'--..JfIi.-Itn6&btk-.todte lllwehurtdteteulldurml:__,.......... ' _~lo be 10 ........ Prl- _. pie<e<Iom ra._fIoyiloo1oooWped""'_ dayDilhtIll:OmIIYiltaIlipSdlool ~"""',-" _.~tiom ___....~" . . to tee the Jo.pIt naudD, rivaby, In 1180-83, AilIIhe........ tile Dwii.... . ~daie &bY,..., .. w. ~... tbeSouth ~"1IDIII:be_tD~to.:.::z""'" .....wb)ic.f......j < ," . or ,..,.dleIetwo..........OId. ,-Jf_oo"UlllltU . ,__ ........, ,~1tBl~~~.~,." _ . ~.. "::",' ~e.~~-:a~t~~":<'~k~~ .....~-- . - ~. ,'~ - _"....~'.~~~. -t;~~..;.,-' "."':"': ,:;,.,!.. "":',.,;~{)US"o"..)'."...b4-rb.l:ci:h .; _-' i...;~,l.if~.'.;il>>i:'; ',~:"'~'-'..'.-.,___, 4Iti .~ ~.T:~ <.".tj",; - .~ ."~.,.,.- .~" ." .~: .. co,, ~~~ ~ ~~~~ - - -- mY OF CHUlA VISTA POLICE DEPARTMENT Date: October 30, 1991 To: Chuck Schrader/President of Casa Vianney Homeowners Assoc. From: Agent R.J. Poff/CVPD Traffic Bureau Subject: Requested Statistics Here are the statistics you requested on "Jaywalking" ci tations. A six month period was searched and resul ted in the following: 1. 400 Blk. L St. 0 Citations 2. 300 Blk. F St. 0 Citations 3. Total City Wide 195 Citations I hope these statistics will meet your needs. If you have any futher questions, feel free to contact me at 691-5219. J?J~~ cc: Interim Chief of Police Hawkins Traffic Engineer Rivera ~d-./ 276 FOURTH AVENUElCHULA VISTA. CALIFORNIA 92010 SAnTY COMMISSION MINUTES" - 10- JAnuarv 11 a '-1li.Q ( Chairman Decker stated that no one ~rom the public "'_ at this meeting. Commi..ioner Arnold ..ked who would be op.ratinll th. youth center. Pam Buchan responded that at the present, the plan is that the Chula Vista High School District will utilize part of the ~acili ty during the day and during the summer." The City will either participate in op.rating some activities and get a l...ee for other tim.. so we can get ~ull utilization of the building, or it will ju.t be the City and the School District with no l....e. As ~ar - as operation, the an.wer to your question is 1II0.t likely the City ancl the School District and possibly a l...ee a. well. It WAS asked if the activiti.s of the youth center would be closed if and when the high school has activities on the fields. Ms. Buchan stated that provi.ion. She further envision that would be the .taff" stated ca.e. has not lIIade that that she would not ( Commissioner Braden stated th.r. was a lot of activity on that field. Commi.sioner Arnold" was concerned about the present off-street parking lot. Ms. Buchan .tated that when sh. has attended functio at the field that the parking lot that i. there now where the youth center parking lot will be located and the facility itself, that ar util act not a lot of cars park f e s are . 0 y seems to park along K . i. full of parking. Commi.sioner Arnold stat.d h. is concerned primarily 'with night and/or afternoon activities -in the .tadium, as that parking area is heavily u.ed when they are having games or activiti.. at the stadium, track, and so forth." H. wished to know if the parking facilities of the youth center wh.n there i. heavy traffic b.ing parked in that ar.a. I Chairman Decker wished to know what will b. the hours of operation for th~ youth center. ( ", . " . \ }; " COUNCIL AGENDA STATEMENT Item J., {j ITEM TITLE: Meeting Date 11/12/91 Report on parking prohibition for the 400 block of l Street Resolution JI6~/~ Appropriating $2,700 from General Fund for traffic striping changes on l Street between Fourth Avenue and Fifth Avenue ~Ii~ Director of PUb~C Work~(~ City Manager (l~"lS l., (4/5ths Yote: Yes-LNo_) ~ Council Referral #2477 SUBMITTED BY: REYI EVED BY: The City Council on April 17, 1990, voted 3-0 to approve Resolution #15591 prohibiting parking on both sides of l Street between Fourth Avenue and Fifth Avenue. ' The parking prohibition was deemed necessary because of the construction of the 17,000 sq. ft. Youth Community Center in the Chula Vista High School property. It was staff's intention to implement the parking prohibition when the Youth Community Center was completed. Completion of this project is expected soon. Staff has recei ved a request from the Casa Vi anney Homeowner's Associ at ion President, 440 l Street, requesting that the parki ng prohi bit i on be reversed to allow parking on the south side of the block. RECOMMENDATION: That the City Council appropri ate $2,700 from the General Fund for traffic striping changes; and: Staff Preferred Alternative: 17, 1990 (Resolution #15591) the 400 block of "l" Street. Reaffirm their recommendation of April to prohibit parking on both sides of OR Acceotable Alternative: Modify their previous recommendation and allow parking on the north side only of "l" Street. BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission at their 1/11/90 meeting voted 6-0 to accept staff's recommendation to prohibit on street parking for the 400 block of L Street. The City Council on April 17, 1990 voted 3-0 to approve Resolution #15591 prohibiting parking on both sides of L Street between Fourth Avenue and Fifth Avenue. The Safety Commi ss i on at thei r 10-10-91 meeting voted 6-1 confi rmi ng thei r previous action of 1/11/90 to prohibit on street parking for the 400 block of "l" Street. ~JB-I Page 2, Item 6. /8 Meeting Date 11/12/91 DISCUSSION: The Redevelopment Agency in conjunction with the Sweetwater Union High School District has almost completed construction of a 17,000 square foot youth community center building on the north side of L Street between Fourth Avenue and Fifth Avenue approximately mid-block. The Youth Community Center will house a gymnasi urn, mul t i -purpose room for youth ori ented activit ies, dance room and offices. Part of the development will include a 74 stall parking lot. The existing parking lot will be modified, with the west driveway on L Street being closed off and relocated to Fifth Avenue. During the design review process for the Youth Community Center, the City's traffic engineering staff advised that L Street may need to be widened in the future to accommodate traffic volumes projected in the revised General Plan. To accompl ish the physical widening of the street, seven feet of the High School Di stri ct' s property along the north s ide of L Street woul d eventually need to be dedicated for street right-of-way, including the proposed Youth Community Center frontage. The Youth Community Center building has been moved northward to the northerly property line. This change will allow L Street to be widened in the future without disturbing the building or entry plaza improvements. This will result in future modifications only to the parking lot if L Street is widened. Present width of L Street necessitates the removal of on-street parking on both sides of L Street to accommodate the installation of a left-turn lane in the center of L Street. Left turn access from L Street to the Youth Community Center and to south side properties by means of a cont i nuous 1 eft turn lane will provide safety by eliminating potential rear end type collisions and reducing congestion and delays to through traffic. The Sweetwater Union High School District has expressed a desire for this traffic plan since eastbound buses will be able to utilize the two-way left turn without disrupting through traffic. Weekday field observations revealed that there was little utilization of street parking on the south side of L Street where residences and a church are located. There is also a mi n i ma 1 number of veh i c 1 es parked along the high school frontage. Parking adjacent to the south side properties generally occurs at night and on weekends. Parking adjacent to the north side generally occurs during school special events. The church, grade school, apartments and single family residential homes located on the south side of L Street all have off-street parking available. The 17-unit Casa Vianney Apartments at 440 L Street has 31 off-street parking spaces. A revi ew of the acci dent hi story on the 400 block of L Street for the year 1989 shows five reported accidents. Three of these accidents involved vehicles colliding with parked vehicles. The parking prohibition will el iminate 38 parking spaces along the north side and 24 parking spaces along the south side of L Street. .).JIJ-,,2 Page 3, Item ;../ (j Meeting Date 11/12/91 L Street is shown in the general plan circulation element as a Class I collector/a four lane roadway with a continuous left turn lane. L Street is considered an important circulation link providing intercommunity service between 1-5 and I-80S and extending east beyond the city 1 imits where it becomes Telegraph Canyon Road then Otay Lakes Road. The volume of L Street in the vicinity of the proposed youth community center is approximately 15,160 vehicles per day. Near term growth is expected to occur at a rate of 2% to 4% per year until it reaches 22,000 to 24,000 vehicles per day, stabilize and remain relatively constant. The Casa Vianney Homeowners Association is requesting that the City Council modify their previous action, prohibiting parking along both sides of L Street to allow parking on the south side. This modification would retain the 24 on-street parking spaces on the south side which they feel are needed for guest parki ng. To affect thi s propos a 1, it woul d be necessary to reduce the width of the lanes to offset the additional eight foot of width needed to accommodate parki ng as shown on the attached sketch. Staff and the Safety Commission did not recommend this proposal since visitors to the Youth Community Center would park in these spaces and then cross mid-block. In addition, the westbound curb lane would be 12 ft. wide and move through traffic closer to the sidewalk area. This type of striping plan has been used at other locations throughout the City, such as the 300 block of F Street. Field observations at this location do show that a number of people cross the street at the point where thei r vehi cl e is parked. Therefore, wi th parki ng located along the south curbline and the Youth Community Center located on the north, midblock pedestrian crossings, especially by children, would be encouraged. Wh il e th is a lternat i ve is not preferred for the above ment i oned reasons, this concern could be relieved somewhat by prohibiting parking during the daytime period. If parking is allowed on the north side, this will diffuse the request from the Casa Vianney Homeowners Association while providi ng the maximum number of parki ng spaces. Our observation show that parki ng duri ng the day by residents is 1 ess than the demand for the Youth Community Center and High School. While the ideal situation, from a traffic circulation and safety standpoint, would be to remove all parking, staff believes an acceptable alternative would be to retain parking on the north side. The following table illustrates the parking available in the area: School Parking Lot 400 block L Street On. Street Parking North side I South side Total No Youth Community Center with on street parking allowed 110 38 24 172 Youth Community Center & No parking prohibition 74 38 24 136 Youth Community Center with north side parking prohibition 74 24 98 Youth Community Center with south side parking prohibition 74 38 112 ~Jf3"'3 Page 4, Item ':1//3 Meeting Date 11/12/91 On January II, 1990, the City's Safety Commission reviewed the Traffic Engineer's proposal to abandon on-street parking along L Street and the incorporation of the center turn lane. All residents adjacent to and near the impacted area were notified of the issue and Commission's agenda. No comments were received from the public (see attached). On April 17 , recommendation attached). On October 10, 1991, the City's Safety Commission voted 6-1 confirming their previous actions of January II, 1990 to prohibit on-street parking for the 400 block of L Street (see attached). 1990, the City Counci 1 voted 3-0 to approve staff's and prohibit parking on the 400 block of L Street (see In the interest of public safety, and in view of the proposed development of a youth community center and other developments within the City of Chula Vista with their attendant traffic, staff recommends the prohibition of parking on both sides of L Street between Fourth Avenue to Fifth Avenue to allow for the creation of a continuous left turn lane. All affected residents have been notified of tonight's Council meeting. FISCAL IMPACT: The required striping and signing changes will cost approximately $6,500. $3,800 is available from the Redevelopment Agency for thei r share of restripi ng cost. The addit i ona 1 $2,700 will be appropriated from the unappropriated General Fund balance to account 100-1432-5345. WPC 5766E/JO-043 Attachments: Letter addressed to Mayor and City Council Area Plat City Council Minutes 4/17/90 Existing striping plan Proposed striping plan Safety Commission Minutes 1/11/90 Safety Commission Minutes 10/10/91 Site Pl an Jaywalking Statistics 10/30/91 t,t i tl ~ ~Oi ,) I fJ..if -) .- ) RESOLUTION NO. I~L/ If, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $2,700 FROM GENERAL FUND FOR TRAFFIC STRIPING CHANGES ON L STREET BETWEEN FOURTH AVENUE AND FIFTH AVENUE The City Council of the city of Chula Vista does hereby resolve as follows: WHEREAS, the City Council on April 17, 1990, voted 3-0 to approve Resolution #15591 prohibiting parking on both sides of L Street between Fourth Avenue and Fifth Avenue; and WHEREAS, the parking prohibition was deellled necessary because of the construction of the 17,000 sq. ft. Youth Center in the Chula vista High School property; and WHEREAS, it was staff's intention to illlplement the parking prohibition when the Youth Center was completed, which completion is expected soon; and WHEREAS, staff has received a request from the Casa Vianney Homeowner's Association President that the parking prohibition be reversed to allow parking on the south side of the block; and WHEREAS, staff recommends that the City Council reaffirm their recommendation of April 17, 1990 to prohibit parking on both sides of the 400 block of "L" Street and appropriate $2,700 from the General Fund for traffic striping changes; and WHEREAS, the Safety Commission at its 1/11/90 meeting voted 6-0 to accept staff's recommendation to prohibit on street parking for the 400 block of L Street and at its 10-10-91 meeting voted 6-1 to confirm their previous action of 1/11/90. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby reaffirm their recommendation of April 17, 1990 to prohibit parking on both sides of the 400 block of "L" Street. BE IT FURTHER RESOLVED that the sum of $2,700 is hereby appropriated from the unappropriated balance of the General Fund to Account 100-1432-5345 for traffic striping changes on L Street between Fourth Avenue and Fifth Avenue. John P. Lippitt, Director of Public Works APP~ fit.to Bruce M. Boogaa , City Attorney Presented by J.IB-.5' ~) RESOLUTION NO. II, &./ J7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA SUPPORTING THE EXTENSION OF PERMITS FOR THE SAN MARCOS LANDFILL The city Council of the city of Chula vista does hereby resolve as follows: WHEREAS, various cities in North San Diego County are making efforts to resolve the short and long term solid waste issues; and, WHEREAS, the SANDAG Dispute Resolution Process has been requested with regard to the San Marcos Landfill contingency Plan; and, WHEREAS, the State Water Resources Control Board, the Regional Water Quality Control Board and the California Integrated Waste Management Board ("BoardS") are all permitting authorities for the San Marcos Landfill, and have the authority and discretion to grant new permits or extend the existing permits to continue the operation of the San Marcos Landfill. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby support the extension of permits for the San Marcos Landfill. BE IT FURTHER RESOLVED this resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. BE IT FURTHER RESOLVED the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. John Goss, City Manager "ty Presented by: .2:J.b-1 \'2, /