HomeMy WebLinkAboutAgenda Packet 1993/02/23
Tuesday, February 23, 1993
6:00 p.m.
III declare under penalty of perJury that I alfl
employed by the City of Chura Vista in the
Office of ti'e City Clerk and that I posted
this A:;en ~cl/No'dce on the Bulletin Board at
t,he Publ,c 'erv' es Building and t CiUt-H I
DATED: 02 SIGNED '
Re lar Meeti of e Ci of Chu Ista ouncl
Council Chambers
onPublic Services Building
..
CAlL TO ORDER
Councilmembers Fox ~ Horton ~ Moore -' Rindone -' and Mayor
Nader _
1.
ROIJ. CAU.:
2. PLEDGE OF AlJ.EGIANCE TO TIiE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
None submitted.
4. SPECIAL ORDERS OF TIiE DAY:
a. Proclamation commending Mildred Ostrander for her generous donation of $25,000 toward
the purchase of defibrillators - The proclamation will be presented by Mayor Pro Tempore
Rindone to Ms. Ostrander.
CONSENT CALENDAR
(Items 5 through 17)
T1u! staff recommendations regarding the foHewing items listed under the Consent Calendar will be enacted by the
Council by one motinn wiJhouJ discussion unless a CounciJmember, a member of the publU: or City staff requests
that the item be puUedfor discussion. If you wish to speok on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prim to the meeting. (Complete the green form
to speak in favor of the staff recommendoJion; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission
Recommendations and Action Items. Items puUed by the publU: will be the first items of business.
5. WRITTEN COMMUNICATIONS: None submitted.
6.
ORDINANCE 2541
AMENDING SECI10NS 12.24.020, 12.24.030, 12.24.040 AND 12.24.070
RELATING TO DEDICATION AND INSTAlJ.ATION OF PUBUC
IMPROVEMENTS (first readinsd - Council requested that staff review
Municipal Code Section 12.24.040 which provides the City the ability to
require street dedications and public improvements associated with
building permits valued at $10,000 or more. The review was to provide a
recommendation for resetting the amount and consideration of other
factors. In addition, policy needs to be set regarding the limits of
development on private property before triggering the requirement to
install or alter public improvements in the adjoining right. of-way. Several
years ago Council accepted a staff report which included a
recommendation that an ordinance be brought back for adoption amending
Municipal Code Section 12.24.070 to abolish the acceptance of surety
bonds and accepting only cash bonds or liens as security for deferrals. It
Agenda
-2-
February 23, 1993
7. RESOLUTION 16995 DESIGNATING AUTIfORlZED CJlY REPRESENTATIVES TO ACQUIRE
SURPLUS PROPERlY FROM 1HE CAUFORNlA STATE AGENCY FOR
SURPLUS PROPERlY (CATEGORY 1) - The City has been requested by the
Department of General Services of the State of California to update the list
of authorized representatives for acquisition of surplus property. The list
was last updated in August 1989. In order for the City to be eligible to
continue to participate in the program, it is necessary to update the
information. Staff recommends approval of the resolution. (City Manager)
8. RESOLUTION 16996 AUTIfORlZlNG EXPENDITURE OF FUNDS FOR CREATION OF A NON-
PROFIT CORPORATION TO BE KNOWN AS CHULA VISTA INFORMED,
INC., AND AUTIfORlZING AGREEMENT Willi CORPORATION FOR
MAlUNG SERVICES - By establishing Chula Vista Informed, Inc., the City
would be able to take advantage of lower non-profit postage rates and save
approximately $6,000 per year on the mailing of the "Chula Vista
Quarterly" newsletter. Staff recommends approval of the resolution.
(Administration)
9. RESOLUTION 16997 REJECTING A NON-RESPONSIVE BID AND ACCEPTING BID AND
AWARDING CONfRACf FOR PURCHASE OF BODY ARMOR - Bids were
received in the office of the Purchasing Agent for the purchase of body
armor for use by Police Officers. The contract will be for a one year period
for an estimated total of 90 pieces of body armor. Purchases will be made
based on fund availability. Staff recommends approval of the resolution.
(Director of Finance)
10. RESOLUTION 16998 AMENDING FISCAL YEAR 1992-93 BUDGET, PROVIDING FOR AN
UNEMPLOYMENT INSURANCE TRUST FUND APPROPRIATION TO 1HE
UNEMPLOYMENT INSURANCE ACCOUNT - The City pays for its
Unemployment Insurance Claims by reimbursement. It was agreed in
1991-92 not to request the normal budget requirement but rather to
appropriate each quarter from the Unemployment Insurance Account Fund.
Staff recommends approval of the resolution. (Director of Personnel)
4/5th's vote required.
11. RESOLUTION 16999 APPROVING AGREEMENTWI11i SCHMIDT DESIGN GROUP TO CONOUCf
TURF AUDITS - The South County Turf Water Management Program is
sponsored by the San Diego County Water Authority (CWA) and the
Metropolitan Water District. The purpose of the program is to evaluate
large water consumers irrigation systems. The study will provide
guidelines to the agency to become more efficient in water management,
thus reducing cost of water utilities. Schmidt Design Group, Inc. was
Agenda
12. RESOLUTION 17000
13.A. RESOLUTION 17001
B. RESOLUTION 17002
14. RESOLUTION 16979
15. RESOLUTION 17003
.3.
February 23, 1993
APPROVING AN AGREEMENT Wl1H ROBERT MITCHELL AND
ASSOCIATES FOR DEVELOPMENT OF A PARKS IMPLEMENTATION PLAN
(eJP-PR.I64), AND AUTIiORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT. During Fiscal Year 1992-93 Capital Improvement Project
budget process, Council appropriated $75,000 in Park Acquisition and
Development (PAD) funds to contract for a Parks Implementation Plan. In
accordance with Objective One of the City's Park and Recreation Element
of the General Plan, a Parks Implementation Plan will serve as an update
to the Park and Recreation Element of the General Plan and will address
areas within the City's boundaries, as well as the City's Sphere ofInfluence.
The Plan is intended to be a collaborative effort between staff and the
consultant. Staff recommends approval of the resolution. (Director of
Parks and Recreation)
APPROVING THE INITIATION OF PROCEEDINGS AND DESCRIBING THE
IMPROVEMENTS FOR CONSOLIDATING OPEN SPACE DISTRICf
NUMBERS 14 AND 24 (BONITA LONG CANYON AND CANYON VIEWS) .
On 7/21/92, Council directed staff to initiate proceedings to combine Open
Space District Number 24, Canyon Views, with Open Space District
Number 14, Bonita Long Canyon. Staff recommends approval of the
resolutions which: (1) approve the Engineer's Report; (2) declare the
Council's intention to consolidate the districts in accordance with Section
17.07 of the Municipal Code and Section 22587 of the Streets and
Highways Code; (3) direct the City Clerk to notice the public hearing in
accordance with Sections 22556 and 22588 of the Streets and Highways
Code; and (3) set 4/13/93 and 4120/93 at 6:00 p.m. as the dates and time
for the public hearings. (Director of Public Works and Director of Parks
and Recreation)
FILING AND ACCEPTING REPORT AND DECLARING THE CITY'S
INTENTION TO CONSOLIDATE OPEN SPACE DISTRICf NUMBERS HAND
24 (BONITA LONG CANYON AND CANYON VIEWS) AND SETTING THE
TIME AND PLACE FOR HEARINGS THEREON
ESTABIJSHING A POIJCY ON APPROVAL OF DEFERRAL AND IJEN
AGREEMENTS AND APPROVING THE DRAFT FORM OF CITY'S DEFERRAL
AND IJEN AGREEMENT. On 2/2/93, Council considered staffs request to
adopt a policy on the acceptance of lien agreements for deferrals by staff,
with a limit of $30,000 valuation. Council requested staff return with a
revised policy containing additional conditions under which a lien may be
accepted. Staff recommends approval of the resolution. (Director of Public
Works) Continued from the meeting of 2/2/93.
AMENDING SCHEDULE III, SECTION 10.52.280 OF THE MUNIeJPAL
CODE, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS,
MAIN STREET . In order to minimize traffic hazards and congestion, and
promote of public safety, parking prohibitions on these streets should be
authorized by resolution. A review of trial traffic regulations initiated by
the City Engineer under the authority of the Municipal Code show that
these regulations are operating effectively and should be made permanent.
Staff recommends approval of the resolution. (Director of Public Works)
Agenda
16.
REPORT
17.
REPORT
-4-
February 23, 1993
REQUEST FOR PROPOSAIS (RFP) FOR HANDYrRANS OPERATION - The
report summarizes the significant requirements of the Handytrans RFP
process. Staff recommends that Council accept the report and authorize
staff to issue the RFP. (Director of Public Works) Continued from the
meeting of 2/16/93.
DRC-93-21: PIPEIJNE STATUS AND NOTICING OF TOWNHOME PROJECT
AT 1190-92 FIFTH AVENUE - On 1/26/93, Kay Everitt addressed the
Council about a concern with the status of a project which had originally
been approved in 1989 as a "pipeline" project under Ordinance 2288, but
which had subsequently changed ownership and design. Ms. Everitt also
questioned why noticing for a design changed approved by the Design
Review Committee on 1/25/93 was only limited to 300 feet and did not
include individuals who were beyond that radius but had expressed an
interest in the project by signing an earlier petition. Staff recommends
Council accept the report. (Director of Planning)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following irems have been advertised and/or posted as publU: hearings as required by law. If you wish to speak
to any ikm, please fill out the "Request to Speak Form" available in the labby and submit it to the City Clerk prim
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual
1B.A. PUBUC HEARING
B. PUBUC HEARING
c. PUBUC HEARING
GPA-92-02 - ENTERTAINING RECONSIDERATION OF AMENDMENTS TO
THE PUBUC FACIUTIES ELEMENT OF THE GENERAL PLAN PREVIOUSLY
ADOPTED IN JUNE 1992, WHICH IMPLEMENT AND SUPPLEMENT THE
APPROVED COUNTY OF SAN DIEGO HAZARDOUS WASTE MANAGEMENT
PLAN - CITY INITIATED - Pursuant to State law AB2948 (Tanner, 1986),
the City is required to adopt local provisions to implement the approved
County of San Diego Hazardous Waste Management Plan (COHWMP). The
proposed amendments establish the necessary provisions for the
management of hazardous waste and the siting and permitting of
hazardous waste facilities within the City, consistent with the COHWMP
and State law. Staff recommends Council entertain reconsideration of the
prior approval of the 6/30/92 Public Facilities Element amendments under
Resolution 16794, take public testimony, and if no satisfactory reason
appears evident from that testimony, approval of a motion denying
reconsideration; place the ordinance on first reading; and approval of the
resolution. (Director of Planning) Continued from the meeting of 212193.
GPA-92-02A - CONSIDERATION OF ADDmONAL AMENDMENTS TO THE
PUBUC FACIUTIES ELEMENT OF THE GENERAL PLAN REFINING
PORTIONS OF THE JUNE 1992 AMENDMENTS, AND RE-STATING THE
CITY'S "FAIR SHARE" CONCEPTS REGARDING HAZARDOUS WASTE
FACIUTIES - CITY INITIATED
PCA-92-02 - CONSIDERATION OF AMENDMENTS TO TITLE 19 OF THE
MUNICIPAL CODE TO DEFINE HAZARDOUS WASTE FACIUTIES AS
CONDmONAL USES IN THE CITY'S INDUSTRIAL ZONES AND TO
ESTABUSH A SPECIFIC REVIEW PROCEDURE FOR CONDITIONAL USE
PERMIT APPUCATIONS FOR SUCH FACIUTIES CONSISTENT WITH STATE
LAW - CITY INITIATED
Agenda
.5.
February 23, 1993
D. ORDINANCE 2542 ADDING SECllONS 19.04.107 AND 19.58.178 TO, AND AMENDING
SECllONS 19.14.070, 19.42.040, 19.44.040 AND 19.46.040 OF, THE
MUNICIPAL CODE TO ESTABUSH DEFINITIONS, REQUIREMENTS AND
PROCEDURES FOR THE REVIEW AND APPROVAL OF CONDmONAL USE
PERMITS FOR HAZARDOUS WASTE FACIUTIES (first readinl!:)
E. RESOLUTION 17004 ADOPTING AMENDMENTS TO THE PUBUC FACIUTIES ELEMENf OF THE
CITY GENERAL PLAN (GPA-92-02A) TO INCORPORATE PROVISIONS
RELATED TO THE MANAGEMENT OF HAZARDOUS WASTES, AND THE
SmNG AND PERMITTING OF HAZARDOUS WASTE FACIUTIES, wrnnN
THE CITY
19. PUBUC HEARING CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 64 TO
DEVELOP A GOLF DRIVING RANGE, BATTING AND PITCHING CAGES,
AND NECESSARY USES ON FIFTII AVENUE NORTII OF "C" STREET - The
project involves construction of an athletic and sport recreational center on
approximately nine acres located on Fifth Avenue north of"C" Street within
the Inland Parcel of the Local Coastal Program. Staff recommends the
public hearinl!: be continued to 3/16/93. (Director of Community
Development) Continued from the meeting of 2/9/93.
ORAL COMMUNICATIONS
This is an opportunily for the general puhlii: to address the City Council on any subject maUer within the Council's
jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the City Council from
taking action on any issues not iru:1uded on the posted agenda.) If you wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Communk:ations Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address
for record purposes and foUow up action. Your tinte is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the tinte the City Council will consider items which hove been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
20. Letter requesting approval of the "Contract for Use of Facility" and the "Indemnity and Hold
Harmless Agreement" for use of the Community Congregational Church by the Cultural Arts
Commission - Pat Ables, Chairman, Cultural Arts Commission.
ACllON ITEMS
The items listed in this section of the agenda are expected to elii:it substantiol discussions and deliberations by the
Council, staff, or members of the general publii:. The items will be considered individually by the Council and staff
recommendations may in certain cases be presented in the aItemative. Those who wish to speak, please Jill out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Publii:
comments are limited to five minutes.
21.
ORDINANCE 2543
AMENDING SECllONS 2.36.010 AND 2.36.030 OF THE MUNIOPAL CODE
RELATING TO THE ADVISORY DUTIES OF THE HUMAN RELATIONS
COMMISSION (first readinld . In April 1992, the South Coast Organization
Operating Transit (SCOOT) Board directed staff to investigate the
ramifications of dissolving SCOOT. Both City and County Transit staffs
Agenda
-6-
February 23, 1993
find no negative impacts to either the City or County if SCOOT were
dissolved. One result of dissolution would terminate the SCOOT Senior
and Disabled Transportation Advisory Committee. Staff recommends
Council place the ordinance on first reading and approve the resolution.
(Director of Public Works)
RESOLUTION 17005 WlTIIDRAWING FROM, AND CAUSING TIlE DISSOLUTION OF, TIlE
SOUTIi COAST ORGANIZATION OPERATING TRANSIT, EFFECTIVE JUNE
30,1993
ITEMS PULLED FROM TIlE CONSENT CALENDAR
This is the time the City Council will discuss items whii:h have been removed from the ColISent Calendar. Agenda
items puJIed at the request of the publk: will be considered prior to those puJIed by Councilmembers. Publk:
comments are limited to five minutes per individual.
OTIIER BUSINESS
22. CITY MANAGER'S REPORTCS)
a. Scheduling of meetings.
23. MAYOR'S REPORT(S)
24. COUNOL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Torres vs. the City ofChula Vista.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March
2, 1993 at 4:00 p.m. in the City Council Chambers and thence to a Special Council Worksession/Meeting
on Thursday, March 4, 1993 at 4:00 p.m. in the Council Conference Room.
A Special Joint Meeting of the City CounciVRedevelopment Agency will be held immediately following the
City Council meeting.
l
tiOll~
COMMENDING MILDRED OSTRANDER
FOR HER DONATION TOWARD THE PURCHASE OF DEFIBRILLATORS
FOR THE CHULA VISTA CITY FIRE DEPARTMENT
WHEREAS, in February 1991 lIIter hearing that CIty olIlciaIs were delaying the
purchase of defibrillator equipment in en 8llempt to get the devices donated, Mildred
Ostrander donated $25,000 toward the purchase of seven defibrillators; end .
WHEREAS, through her gracious donation in addition to donations made by Chula
VISta Community Hospital end Scripps Hospital, as many as 200 lives per year can be
uved by the usa of defibrillators which are used to shock traumatized hearts into beating
regularly again:
NOW, THEREFORE, I, JERRY R. RINDONE, Mayor pro Tempore, of "18 City of
Chula Vista, Camomia, do hereby COMMEND MILDRED OSTRANDER FOR HER
DONATION TOWARD THE PURCHASE OF DEFIBRILLATORS FOR THE CHULA
VISTA CITY FIRE DEPARTMENT and urge all citizens to join wlth me in extonding our
sincere appreciation to Mrs. Ostrander for her contribution to the welfare of our
community.
:Dateri' this 23r~~ 5- February 19...2l...
Jj.,/
(J)t~or5 tlie ('If!f aura 'Vista.
,n
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/23/93
4rJ
ITEM TITLE:
Ordinance >>Y~mending certain sections of Chapter 12 of the Municipal
Code relative to the requirement to dedicate street right-of-way and install
public improvements and bonding for deferrals of public improvements.
Resolution 1/"''1 Adopting policy regarding development on properties
which triggers the requirement to install or alter public improvements in the
adjoining right-of-way.
SUBMITTED BY: Director of Public Works
REVIEWED BY:
City Manager rtf
(4/5 Vote: Yes_ NoX)
Referral No. 1853
The City Council requested that staff review Municipal Code Section 12.24.040 which provides
the City the ability to require street dedications and public improvements associated with
building permits valued at $10,000 or more (Council Referral 1853). The review was to provide
a recommendation for resetting the amount and consideration of other factors. In addition,
policy needs to be set regarding the limits of development on private property before triggering
the requirement to install or alter public improvements in the adjoining rights-of-way. The first
portion of this agenda statement addresses that request.
In addition, Council accepted a staff report several years ago which included a recommendation
that an ordinance be brought back for adoption amending Municipal Code Section 12.24.070 to
abolish the acceptance of surety bonds and accepting only cash bonds or liens as security for
deferrals. It has been discovered that the code change was never completed. This subject is
addressed at the latter part of this agenda statement.
RECOMMENDATION: That Council adopt the subject policy and place the subject ordinance
on its First Reading
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
11-/
Page 2, Item ~
Meeting Date 2/23/93
DISCUSSION:
Backuound:
Chapter 12.24 of the Municipal Code provides a mechanism for the City to require the owners
to dedicate street right-of-way and install public improvements as part of development or
remodeling of an existing structure on their parcel of land. The last revision to this chapter was
in 1978, when the threshold valuation triggering the installation of public improvements doubled
from $5,000 to $10,000. No other amendments to that chapter were made at that time or have
been made since. With the rise in construction costs, this figure should be increased. In
addition, the nexus for requiring dedications and construction of improvements must be refined
in order to better determine if dedication or installation of improvements should be imposed.
"Building or structure" is defmed in ~12.24.020 as: "... any building or structure of which the
cost price of erecting the same is in excess of ten thousand dollars or any building or structure
moved or installed upon property for residential, commercial and industrial use, or such building
or structure for use as a place for the assemblage of persons." It is this definition which triggers
the need for public improvements.
Council's concerns were raised when a project applicant requested a waiver of the City's
requirement to widen Hilltop Drive and Naples Street when he submitted plans for a remodel
of the exterior of the building in the Country Club Shopping Center at that site (see
Exhibit "C").
The current ordinance contained within Section 12.24.010 includes a statement of Purpose and
Intent which, in part, reads: " ... The nature and extent of the dedication or improvements
required pursuant to this chapter shall be limited to the danger that the proposed development
or construction will tend to create, add or impose a burden upon the public rights-of-way." Staff
needs more guidance to determine when improvements are required. The ordinance is proposed
to be revised to increase the dollar value and to provide for an annual update (see Exhibit "A"'Y-k
The policy being proposed (see Exhibit "B") is to help City staff better determine whenO
dedication of right-of-way, installation of missing improvements and modification of existing ~
improvements should be required. There are several areas to be examined, so each will be n
addressed separately. '\
1::>
..
& ";<
Page 3, Item &,
Meeting Date 2/23/93
Staff has contacted a few agencies and found out what their amount was that triggered the
requirement to install public improvements. Following is a list of those agencies and the amount:
San Diego (City)
La Mesa
National City
El Cajon
Escondido
$20,000
$10,000
$10,000
$30,000
$24,000
The "Construction Cost Index" quoted in the McGraw - Hill weekly publication Engineering
News Record has increased by a factor of 1.74 since 1978, the year that the last Code revision
was made to raise the limit to $10,000. This would equal new total of $17,400 to trigger the
requirements. Based on that figure and the survey, staff recommends that the new limit be
$20,000 with the amount to be increased or decreased annually by a factor as indicated in the
"Construction Cost Index" contained in said Engineering News Record. If approved, there will
be no requirement(s) to dedicate right-of-way, install improvements or modify existing
improvements when the building permit valuation is below $20,000.
Sinllle Familv Residential PrQoertv
The requirement to install public improvements is clear when a new single family home, a
move-on or mobile home is proposed. It becomes clouded when additions or remodels are being
requested.
A. Staff recommends that the property owner be required to: a) enter into an agreement to
not protest the formation of an improvement district or other similar act to cause the
improvements to be installed, and; b) dedicate additional right-of-way only (where
needed), but; c) will not be required to install or reconstruct public improvements in the
following circumstances:
1. The work being performed is remodeling with no additional square footage is added
to the structure, the building permit valuation exceeds the amount specified in the
C.V.M.C., Section 12.24.020 and a dangerous condition does not exist.
2. The work being performed adds square footage that is not providing a new bedroom,
the building permit valuation exceeds the amount specified in the C.V.M.C., Section
12.24.020 and a dangerous condition does not exist.
3. Where public improvements are in place and a traffic study or the City Engineer
determines that the widening of the street to meet current standards is not warranted.
~"..J
Page 4, Item /,
Meeting Date 2/23/93
B. Staff recommends that the property owner be required to install improvements and dedicate
additional right-of-way in the following circumstances:
1. The work being performed includes adding a bedroom and the building permit
valuation for the work being performed, including other modifications, exceeds the
amount specified in the C.V.M.C., Section 12.24.020.
2. The work being performed increases the size of the house more than 25 % and the
building permit valuation exceeds the amount specified in the C.V.M.C., Section
12.24.020.
3. Where a dangerous condition exists that can be corrected by the installation of the
improvements if the building permit valuation exceeds the amount specified in the
C.V.M.C., Section 12.24.020 no matter what type of work is being performed.
4. Improvements exist across the entire frontage and a traffic study indicates a need to
widen or modify the street to eliminate a dangerous condition and the building permit
valuation exceeds the amount specified in the C.V.M.C., Section 12.24.020.
C. Staff further recommends that the requirements to install public improvements in any
residential circumstance be limited to a maximum cost for those improvements of 25 % of
the building cost, excluding value of the right-of-way.
Commercial. Industrial and Multi-familv Residential
A. Staff recommends that these types of developments be required to dedicate all required
additional right-of-way and install all required improvements where none exist whenever
the value of the work exceeds the amount specified in the C.V.M.C., Section 12.24.020
except in the following circumstances:
1. Where the work involves only exterior, cosmetic improvements which are intended
to improve the appearance of the building, or;
2. Where the work involves tenant improvements with no change in use and no
additional floor space.
Even in the above circumstances No's. 1 and 2, staff recommends that the owner still be
required to dedicate needed right-of-way and enter into an agreement with the City to not
protest the formation of a Block Act or similar process to cause the improvements to be
installed.
" ''/
Page 5, Item IP
Meeting Date 2/23/93
B. In circumstances where existing improvements do not meet current standards, staff
recommends that the reconstruction of street improvements, including widening, be limited
in cost to a maximum of 50% of the building permit valuation. (Example: A building
permit valued at $20,000, the maximum cost of improvements that may be required would
be $10,000.) Further, staff recommends that Subsection 12.24.030 of the Code be
changed by striking the provision that dedication will not be required in the R-l or R-2
zones unless 50% or more of the block has already been dedicated. There is no such
provision in Subsection 12.24.040 regarding installation of public improvements.
Therefore, there is a conflict if the improvements are required and there is insufficient
right-of-way in which to build them.
DEFERRAL BONDING: . ~~1)
[t~C~" .
At its meeting on 11/5/85, Council accepted a report (see E~t nDn) discussing the
consequences of accepting surety bonds for security on deferrals of public improvements. In
that report, staff recommended that the City no longer accept surety bonds, since the bonds
could be canceled or expire without the City's knowledge. Staff was to return with an ordinance
amending the Code accordingly. While researching the above ordinance amendment, it was
noticed that the Code revision was never completed. A draft of the ordinance revision is
included in the same chapter as the revision on requirements to dedicate right-of-way and install
public improvements.
FISCAL IMPACT: Minimal impact from a decrease in the number of public improvement
impositions, resulting in less plan check fees being submitted due to fewer number of
improvement plans being checked by City and less inspection fees due to fewer construction
permits needing inspection. An additional minor impact is that fewer projects triggering public
improvement result more chances that improvements might have to be put in by the City under
C.I.P. projects. However, most improvements along a block are done under 1911 Acts or
similar proceedings where property owners pay for the improvements.
JWH/W AU
PC-OOllKYOO9/KY-058
[PA\ORD_CHG.A13]
t -f fi~t.
ORDINANCE NO. ,J. 5'11
AN ORDINANCE OF THE CITY OF CHULA VISTA TO
AMEND SECTIONS 12.24.020, 12.24.030, 12.24.040
AND 12.24.070 RELATING TO DEDICATION AND
INSTALLATION OF PUBLIC IMPROVEMENTS
SECTION I: That section 12.24.020 of the Chula vista
Municipal Code is amended to read:
Sec. 12.24.020 Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings ascribed to them by this
section:
A. "Alley" means a public or private way, permanently
reserved as a secondary means of access to abutting
property.
B. "Building or structure" means any building or
structure of which the construction cost ~riee af
ereet.iHEj t.he sallie is in excess of 'I;eft twentv
($20.0001 thousand dollars, or any building or
structure moved or installed upon property for
residential, commercial and industrial use, or such
building or structure for use as a place for the
assemblage of persons. The twentv thousand dollar
amount shall be annuallv increased. effective Julv
1 of each vear. bv the proportionate qrowth in the
"Construction Cost Index" reported in the
Enaineerina News Record since the date of the last
adiustment.
SECTION II: That section 12.24.030 of the Chula vista
Municipal Code is amended to read:
Sec. 12.24.030 Requirements for dedica tion-permi t
prerequisites.
No building permit shall be issued for the erection,
construction, enlarging, altering, repairing, improving,
converting or relocation of any building or structure as
herein defined in the city until the owner of the parcel
or property upon which the building or structure is to be
situated shall have provided, by means of an offer of
dedication or other appropriate conveyance as approved by
the city attorney, a dedication of any necessary street,
highway, or alley right-of-way as shown or designated as
being necessary on the adopted St.at.e Seleet. Syst.em, t.he
1
~-7
street and highway element of the general plan of the
city, or upon any specific plan adopted by the city
council, as such may presently exist or as they may, from
time to time, be amended. Said dedication of additional
street, highway, or alley right-of-way is required in
order to properly align curb, gutter, sidewalk or paving
with the existing or planned improvement in the same
block frontage in accordance with said Selee~ 8yetem,
general plan or specific plans. In addition, the city
may require the dedication of necessary rights-of-way for
storm drain facilities in order to properly align said
facilities with existing or planned storm drains in
conformance with the adopted general plan or specific
plans and studies as approved by the city council1"
pro7iaea ~hat ouch aeaieatisR Gaall Rat Be req~irea in
the R 1 or R 2 zenas HRleso fifty pcreeRt SF mere af the
etreet. SF alley \:a~i if). t.he sloo]t in \.ilieh the 61asjeet
prepert.y is located haD seeR prc~iauoly acdieatea.
SECTION III: That Section 12.24.040 of the Chula vista
Municipal Code is amended to read:
Sec. 12.24.040 Installation of public improvements
-Required-Standards and specifications.
Every person erecting, constructing, enlarging, altering,
repairing, improving, converting or relocating any
building or structure as defined herein in the city shall
install, prior to the completion of such building or
structure, in conformity with the provisions of this
chapter and other ordinances of the city, sidewalks,
curbs and gutters, pavement in streets, highways and
alleys from the gutter or edge of travelway, if no
gutters have been required, to the centerline or such
portion of major streets as are required for
SUbdivisions, and necessary drainage facilities and
lighting structures. All public improvements required
pursuant to this section shall be installed in accordance
with standards and specifications adopted by the city
council, and in conformity to the state Celeot cystem of
streets aRa IIiljft\lays, the circulation element of the
general plan of the city, and any specific plan adopted
by the city; provided further, that street lighting,
including ornamental street lighting, shall be installed
in those cases where specific plans have been adopted or
where adopted standards of lighting are in existence
which would require the installation of additional
lighting units.
The permits required for the construction of said public
improvements shall be secured prior to the frame or
electrical inspection approval in connection with the
2
~-'~
construction or erection of any building or structure;
provided however, that the frame and electrical
inspection may be made upon the acceptance of an
appropriate acknowledgment of the nature and extent of
the obligations contained in this chapter, guaranteeing
compliance with the requirements contained herein prior
to the completion of said building or structure.
SECTION IV: That section 12.24.070 of the Chula vista
Municipal Code is amended to read:
8eo.12.24.070 Requirements deferred when-Deposit or
bond required when-Appeal of denial.
A. In the event that the installation of all or any of
the improvements required by section 12.24.040
would, if presently installed, create a hazardous
or defective condition or be impractical, or if
said installation of any or all of said
improvements would be incompatible with the present
development of the neighborhood or be impractical
or premature because of the existing condition of
the surrounding, property, or that it would be
desirable to install said improvements as a part of
the overall plan for the development of public
improvements in a certain area, the property owner
or his agent may apply to the city engineer for a
deferral of the requirements of this chapter,
stating the grounds and reasons therefor.
B. If the city engineer, at his discretion, feels that
such grounds or exceptions are reasonable and that
the requested deferral should be granted, the city
engineer may defer imposition of the reauirements
of this Chapter on CX~~ such applicant frem ~he
re~aireme8~s sf this ehap~er, subject to the
conditions set forth herein. Any deferral of
exoep~ie~a ~e the requirements for the installation
of public improvements may be limited to a specific
period of time by the city engineer, or may be
subject to the determination of the city engineer
as to the time at which said improvements should be
installed.but in no event lonaer than three (3)
vears. In the event that the improvements are
deferred, the property owner shall deposit with the
city a sum equal to the estimated cost of the
improvements, as approved by the city engineer,
plus ten percent of such cost, er i~ lieu ~hereef,
ohall poet a sena ia said ameaat as appre~ea by the
ci~y a~~er~ei'. If it is determined that the
requirements for the installation of said public
improvements will not be necessary within a
3
(,~,
reasonable and feasible time period, or if the
owner demonstrates a financial hardshio. the
property owner may grant to the city, in lieu of
said cash deposit ar BOlla, a lien upon ft-i.& the
property in an amount estimated by the city
engineer to be sufficient to install such public
improvements at such time as they shall be
required, and said lien shall also provide for
reasonable attorney fees and costs in the event
that it becomes necessary for the city to foreclose
upon such lien; provided further, that said
agreement shall stipulate that should said lien be
extinguished by foreclosure of prior liens or
otherwise, the improvements may be installed or
provided by city and the cost thereof become a lien
against said property as provided in
section 12.12.070.
c. The city engineer may, from time to time, extend
the period of deferral; however, such extension of
time shall be conditioned upon the continued
effectiveness of a valid cash deposit, Balla or
lien, as established herein. The applicant for a
deferral of such improvements shall pay a fee as
presently designated, or as may be in the future
amended, in the master fee schedule to cover
investigation and processing of such requests.
D.
The applicant
shall pay
investigation
for a deferral of such improvements
the Required Fee(s) to cover
and processing of such requests.
E. The denial of a request for a deferral of public
improvements may be appealed to the city council in
the same manner as provided for appeal for requests
for waiver of public improvements, as set forth in
section 12.24.060.
SECTION V: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
D. Rl.chard Ru
city Attorney
John P. Lippitt, Director of
Public Works
F, \hame\ottomey\cbop 1224.on!
4
" .-. / t!)
RESOLUTION NO.
II, 9'/1.f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING POLICY REGARDING
DEVELOPMENT ON PROPERTIES WHICH TRIGGERS THE
REQUIREMENT TO INSTALL OR ALTER PUBLIC
IMPROVEMENTS IN THE ADJOINING PUBLIC RIGHT-OF-
WAY
WHEREAS, the city Council requested that staff review
Municipal Code section 12.24.040 which provides the City the
ability to require street dedications and public improvements
associated with building permits valued at $10,000 or more; and
WHEREAS, in addition, a pOlicy needs to be set regarding
the limits of development on private property before triggering the
requirement to install or alter public improvements in the
adjoining rights-of-way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby adopt a policy regarding
development on properties which triggers the requirement to install
or alter public improvements in the adjoining public right-of-way
as set forth in Exhibit "B", attached hereto and incorporated
herein by reference as if set forth in full.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
D. RJ.chard Rudo
City Attorney
F:\hooIela1lomeylpolioy.pi
t'l/
Sections:
12.24.010
12.24.020
12.24.030
12.24.040
12.24.050
12.24.060
12.24.070
Chapter 12.24
DEDICATIONS
Purpose and intent of provisions.
Def'mitions.
Requirements for dedication-Permit Prerequisites.
Installation of public improvements-Required-Standards and
specifications.
Compliance prerequisite to issuance of certab certificates.
Requirements waived when-Fee-Appeal of denial.
Requirements deferred when-Deposit or IteBtl Jim required
when-Appeal of denial.
12.24.010 Purpose and intent of provisions.
The city council finds that lack of sidewalks within the city often encourages or forces
pedestrians, especially school children, to walk in the streets, thus being subjected to the hazards
of vehicular traffic, and during the rainy season, waters create inconveniences constituting a.
hazard to the health and safety of pedestrians; streets and highways of inadequate width and
design hinder vehicular movement and constitute a hazard to the health and safety of users; the
lack of curbs, storm drain facilities and improved alleys results in poor drainage and a collection
of filth and waste matter; and the lack of adequate street lighting contributes to the criminal
infringement upon the rights of persons and property; therefore, such c.!)nditions are found and
declared to be dangerous to the public health and safety of the inhabitants of the city. It is the
purpose of the city council, in adopting the provisions of this chapter to impose reasonable
requirements of dedication and street improvement upon individuals and corporations engaged
in the development and construction of new buildings or structures which tend to make increased
demands upon the existing public rights-of-way and streets and highways in the city thereby
increasing the danger to the public health and safety.
It is the intent of the council to extend the basic requirements of the Subdivision Map Act
of the state by establishing standards and requirements for street dedication and improvement
in connection with land development in which no subdivision is involved. Further, it is the
purpose of the council to spread the costs of public improvements upon all abutting property in
an equitable manner and to cause the installation of those improvements required by the city to.
serve property about to be developed at the time of its development. The city council shall
require, in accordance with the provisions of this chapter, the dedication of portions of the
public rights-of-way, including streets, highways, alleys and storm drain facilities, and
construction of curbs, gutters, sidewalks and paving contiguous to the property from the property
line to the centerline of the public rights-of-way, and storm drain facilities and street lighting
as necessitated by the nature and type of the building or structure being constructed and the use
to which the property is being put. The nature and extent of the dedication or improvements
required pursuant to this chapter shall be limited to the danger that the proposed development
EXHIBIT "~I
(p~ A- (
or construction will tend to create, add or impose a burden upon the public rights-of-way of the
city. (Ord. 1205 ~2 (part), 1969; prior code ~27.501).
12.24.020 Def"mitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
ascribed to them by this section:
A. "Alley" means a public or private way, perma:..ently reserved as a secondary means of
access to abutting property.
B. "Building or structure" means any building or structure of which the construction cost
priee af eFeetillg the SIII1'Ie is in excess of tell nv~ thousand dollars ~$~.~). ~ :~
~uildin~ or structure mov~ ?r installed upon ~;O~rt~ f~r ;s:en~~ ~mmer~~ a
Industrial use. or such bulldlnl! or structure fi_ -1 fo. ~ ~~mb~ ~f
oersons. ~e $20.000 am?unt shall be ann~~ly ~n~~~ ;=~J~\Y ~~: year ~y
the nrooortlOnate l!rowth In the "Construc_n 0_\ I "__ n ~U!!w _ Hill
~~Id: n~~Ii~~i~ ~":.ineerinl! News Record sin: = ~ ~~: l:i.d:;r;;n; 6HIfty
~~~~~ El~ ~~tire ma'/~ ~r illslllllea lfJ';;; Jl ) r e_;~:; ~;;:: a::
;=:~ use, ar slIeh bllillllftg ar slfueftire fer lI!le as a pia ~- "-- he _~_ __ e __
(Ord. 1834 ~1, 1978; Ord. 1205 ~2 (part), 1969; prior code ~27.502).
12.24.030 Requirements for dedication-Permit prerequisites.
No building permit shaIl be issued for the erection, construction, enlarging, altering,
repairing, improving, converting or relocation of any building or structure as herein defined in
the city until the owner of the parcel or property upon which the building or Structure is to be
situated shaIl have provided, by means of an offer of dedication or other appropriate conveyance
as approved by the city attorney, a dedication of any necessary street, highway, or aIley
right-of-way as shown or designated as being necessary on the adopted Btete Saleet System, Ihe
s!feet anll highway circulation element of the general plan of the city, or upon any specific plan
or standards adopted by the city council, as such may presently exist or as they may, from time
to time, be amended. Said dedication of additional street, highway, or aIley right-of-way is
required in order to properly align curb, gutter, sidewalk or paving with the existing or planned
improvement in the same block frontage in accordance with said Saleet System, general plan~
adOJ'ted standards or specific plans. In addition, the city may require the dedication of necessary
rights-of-way for storm drain facilities in order to properly align said facilities with existing or
planned storm drains in conformance with the adopted general plan or specific plans and studies
as approved by the city council; pFEYAllea that slIeh lleaiea::: ~~~ ':t :: =~ ~ =: ~ ~
: ~ =:~~I~~s ~~t~~~~t Elf mare af Ihe S!feet ar ) -- " .h il
SlIbjoet pf.spel'ty is lacatea has beet! preAallsly lleaie&!ell. (Ord. 1205 ~2 (part), 1969; prior
code ~27.503).
(P-R-'2...
12.24.040 Installation of public improvements-Required-Standards and specifications.
Every person erecting, constructing, enlarging, altering, repairing, improving, converting
or relocating any building or structure as defined herein in the city shall install, prior to the
completion of such building or structure, in conformity with the provisions of this chapter and
other ordi.n3nces of the city, sidewalks, curbs and gutters, pavement in streets, highways and
alleys from the gutter or edge of travelway, if no gutters have been required, to the centerline
or such portion of major streets as are required for subdivisions, and necessary drainage facilities
and lighting structures. All public improvements required pursuant to this section shall be
installed in accordance with standards and specifications adopted by the city council, and in
conformity to the state Seleet Sy3teHI ef Streets 8:Il1l Highways, the circulation element of the
general plan of the city and any specific plan adopted by the city; provided further, that street
lighting, including ornamental street lighting, shall be installed in those cases where specific
plans have been adopted or where adopted standards of lighting are in existence which would
require the installation of additional lighting units.
The permits required for the construction of said public improvements shall be secured
prior to the frame or electrical inspection approval in connection with the construction or
erection of any building or structure; provided however, that the frame and electrical inspection
may be made upon the acceptance of an appropriate acknowledgment of the nature and extent
of the obligations contained in this chapter, guaranteeing compliance with the requirements
contained herein prior to the completion of said building or structure. (Ord. 1566 ~l, 1974;
Ord. 1205 ~2 (part), 1969; prior code ~27.504).
12.24.050 Compliance prerequisite to issuance of certain certificates.
No final inspection, completion certificate, or certificate of occupancy shall be issued for
any building or structure installed or erected after July 18, 1969 until complete compliance shall
be had with the terms and requirements of this chapter. (Ord. 1205 ~2 (part), 1969; prior code
~27.505).
12.24.060 Requirements waived when-Fee-Appeal of denial.
A. The property owner or his agent may apply to the planning commission for a waiver of
the requirements of Section 12.24.050 in circumstances and conditions including but not
limited to the following:
1. Where adequate improvements of the nature and type required already exist;
2. Sidewalks may be waived where the topography is such that the installation of
sidewalks would be impracticable;
3. Where the street or alley, for practical reasons, has not or cannot be readily
1.,-~-3
graded to the established grade;
4. Where installation of sidewalks would be hazardou.~ to pedestrians because of
grade;
5. Where the city council has, by resolution, in conjunction with the development
of a subdivision or otherwise, waived or modified requirement of curbs, gutters,
sidewalks, paving or dedication, or any combination thereof, which resolution
shall include a finding that due to the nature of the topography or development
in the area, the installation of said improvements would not be feasible or
consistent therewith.
B. The applicant for a waiver of improvements shall pay, at the time the application is filed,
the Required Non-Refundable Fee(s) to cover the cost of investigation and processing of
such request. The fee is payable prior to planning commission consideration of the
request. Such fee is not refundable.
C. In the event that the planning commission shall deny the request for a waiver of said
improvements, the property owner or his agent may appeal said denial to the city
council, by filing said appeal with the city clerk within ten days from the date of such
ruling of the planning commission and paying the Required Appeal Fee therefor. The
council shall thereupon, at their next regular meeting, or at such time thereafter as they
may designate, consider the waiver of such requirements, in accordance with the
circumstances and conditions set forth herein, provided such findings shall be made by
resolution of the city council. If the city council shall fail to :ct upon said appeal within
twenty days of filing the appeal, the waiver shall be deeme<l to be approved.
D. If the erection of new structures as contemplated by this article is to be undertaken in
subdivisions approved by the city council wherein sidewalks have not been required as
a condition of the map and have purposely been omitted, no application for waiver or
deferral shall be required.
(Ord. 2506 ~1 (part), 1992; Ord. 1811 U (part), 1978; Ord. 1240 ~9, 1969; Ord. 1205 ~2
(part), 1969; prior code ~27.506).
12.24.070
Requirements deferred when-Deposit or IHmd Iil:D required when-Appeal of
denial.
A. In the event that the installation of all or any of the improvements required by
Section 12.24.040 would, ifpresently instalIed, create a hazardous or defective condition
or be impractical, or if said installation of any or all of said improvements would be
incompatible with the present development of the neighborhood or be impractical or
premature because of the existing condition of the surrounding property, or that it would
be desirable to install said improvements as a part of the overall plan for the development
of public improvements in a certain area, the property owner or his agent may apply to
~ -A -.y
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT:
On-site improvement activity to
trigger installation of public
improvements
ADOPTED BY: Resolution No.
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
NUMBER
Page I of 3
DATED:
BACKGROUND
Section 12.24.020 of the Municipal Code designates the dollar value of a building permit which
triggers the need to install public improvements. In addition, Section 12.24.010 states, "The
nature and extent of the dedication or improvements required pursuant to this chapter shall be
limited to the danger that the proposed development or construction will tend to create, add or
impose a burden upon the public rights-of-way of the City." There are no guidelines as to what
constitutes a danger or what may impose a burden upon the public rights-of-way.
PURPOSE
It is the purpose of this policy to provide more defined guidelines for staff to determine when
to add the requirement to dedicate right-of-way andlor install/alter public improvements 1n the
rights-of-way adjoining a property under development or redevelopment.
POLICY
No building permit shall be issued unless the applicant shall first:
A. SiDl!!e Family Residential PrQperty:
1. The owner shall only be required to: a) dedicate needed right-of-way and; b)
enter into an agreement with the City to not protest the formation of a Block Act
or similar proceeding to cause the improvements to be installed in the following
circumstances:
a. The work being performed is remodeling with no spuare footage is added
to the structure, the building permit valuation exceeds the amount
specified in C.V.M.C., Section 12.20.020 and lack of public
improvements is not known to create a danger to the general public.
EXHIBIT "B"
iJI-'B-1
the city engineer for a deferral of the requirements of this chapter, sta '
and reasons therefor.
B. city engineer, at his discretion, feels that such grounds or ex tions are reasonable
t the requested deferral should be granted, the city eng' may Cllempt ~
. n fthe i m n 'h n such applican
, subject to the conditions set forth herein. Any deferral of the
requiremen for the installation of public improvements y be limited to a specific
period of tim y the city engineer, or may be subject the determination of the city
engineer as to time at which said improvements uld be installed. but in no event
n r . In the event that the imp ements are deferred, the property
owner shall deposit 'th the city a sum equal to th timated cost of the improvements,
as approved by the ci engineer, plus ten perce of such cost, er iR IietI dtereef, shell
. . . If it is determined that the
requirements for the instal . on of said public provements will not be necessary within
a reasonable and feasible ti period, w r n i h'
the property owner may gran to the city, in lieu of said cash deposit e1 beall, a lien
upon Itts 1!lll property in an unt es' ted by the city engineer to be sufficient to
install such public improvements t s time as they shall be required, and said lien
shall also provide for reasonable ey fees and costs in the event that it becomes
necessary for the city to foreclose n such lien; provided further, that said agreement
shall stipulate that should said' extinguished by foreclosure of prior liens or
otherwise, the improvements m be in led or provided by city and the cost thereof
become a lien against said pro rty as p ided in Section 12.12.070.
C. The city engineer may, fro time to time, ex nd the period of deferral; however, such
extension of time shall conditioned upon th continued effectiveness of a valid cash
deposit, belld or lien, established herein.
>
D. The applicant fo a deferral of such improvements shall pa the Required Fee(s) to cover
investigation a processing of such requests.
U (part), 1992; Old. 1880 U, 1979; Old. 1811 U (part),
be appealed to the city
for waiver of public
E.
The denial a request for a deferral of public improvements
council i the same manner as provided for appeal for reques
improv ents, as set forth in Section 12.24.060.
IJ-A-5
SUBJECT:
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
NUMBER
On-site improvement activity to
trigger installation of public
improvements
ADOPTED BY: Resolution No.
Page 2 00
DATED:
b. The work being performed adds square footage that is not providing a new
bedroom, the building permit valuation exceeds the amount specified in
C.V.M.C., Section 12.20.020 and lack of public improvements is not
known to create a danger to the general public.
c. Where improvements are in place and a traffic study or the City Engineer
determines that the widening of the street to meet current standards is not
warranted.
2. The owner shall dedicate of right-of-way and construction of public improvements
in the following circumstances:
a. In any case where a building is constructed or moved onto a site.
b. The on-site work being performed includes adding a bedroom and the total
valuation of the building permit exceeds the amount specified in
C.V.M.C., Section 12.20.020.
c. The on-site work being performed increases the size of the house more
than 25 % and the building permit valuation exceeds the amount specified
in C.V.M.C., Section 12.20.020.
d. Where a known danger exists that can be corrected by the installation of
the public improvements if the building permit valuation exceeds the
amount specified in C.V.M.C., Section 12.20.020, no matter what type
of work is being done on-site.
e. The public improvements are in place across the frontage and a traffic
study indicates a need to widen or modify the street and the building
permit valuation exceeds the amount specified in C.V.M.C., Section
12.20.020.
3. The cost of the public improvements shall be limited to 25 % of the building
permit valuation.
u-'B"~
VI
SUBJECr:
On-site improvement activity to
trigger installation of public
improvements
ADOPTED BY: Resolution No.
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
NUMBER
Page 3 of 3
DATED:
B. COMMERCIAL. INDUSTRIAL AND MULTI-FAMILY RRI:;IDENTIAL:
1. The owners of these types of developments shall be required to dedicate needed
. public right-of-way and install all required public improvements on or adjacent
to owners' property, whenever the building permit valuation exceeds the amount
specified in C. V .M. C. , Section 12.20.020, except in the following circumstances:
a.
The on-site work involves only exterior, cosmetic improvements which are
intended to improve the appearance of the building and the building permit
valuation exceeds the amount specified in C.V.M.C., Section 12.20.020.
b. The on-site work involves tenant or lessee improvements with no change
in use and/or no additional floor space and the building permit valuation
for said on-site work exceeds the amount specified in C.V.M.C., Section
12.20.020.
In the above-mentioned exceptions, the owner shall, never the less, dedicate needed
right-of-way and enter into an agreement with the City to not protest the formation of a
Block Act or similar proceeding to cause the improvements to be installed.
2. In circumstances where public improvements are in place, but do not meet current
adopted street standards, or as called out in the Circulation Element of the City's
General Plan or any Specific Plan adopted by the City, and the building permit
valuation exceeds the amount specified in C.V.M.C., Section 12.20.020, the
reconstruction of street improvements, including widening, will be required when
the valuation of said reconstruction of the improvements is 50% or less than that
of the on-site work. The owner shall dedicate any additional right-of-way needed
for such reconstruction or widening.
3. Construction of any new building, including a "move-on" building, shall trigger
the requirement to install missing public improvements, whether it be multi-
residential, commercial or industrial property.
~- 'B - 3
.
.
.
COUNCIL AGENDA STATEMENT
ITEM TITLE:
I tell
Meeting Date 11/5/85
Report on placement of liens on personal and/or other property
for guaranteei ng future in~tallati on of ~~d improvements
Director of Public Works/City Engineer ~'
City Manager (4/5ths Vote: Yes_No~J
SUBMITTED BY:
REVIEWED BY:
At its August 13 meeting, Council requested that staff prepare a report
regarding the following:
1. Placement of liens against personal and/or other property as a guarantee
of future installation of improvements.
2. Past problems that the City has had with surety bonds as guarantee of
faithful performance.
The following is that report with recommendations included.
RECOMMENDATION: That Council accept this report and that Council di rect
staff to prepare City Code revisions to implement recommendations contained
herein.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
Historically, when a developer of a parcel of land applies for a deferral of
the construction of public improvements and is granted such, he is required to
post security to guarantee future performance of the deferred work. The
security generally is in the form of:
1. A cash bond submitted to the Finance Department.
2. A lien in favor of the City against the property being developed;
3. A bond issued by a company dealing in securities and which must be
approved by the City Attorney;
According to the City Code, all these forms of guarantee are acceptable to the
City. The most desirable, from our standpoint, is the cash bond. It can most
readily be used for construction of the improvements should it become
necessary for the City to do the work.
e~UIr;IT 't" lo-C--l
.
Page 2, Item
Meeting Date 11/5/85
The findings required for the granting of a deferral by Section 12.24.070 of
the City Code make it obvious that the deferral is a temporary relief from
construction of improvements. This temporary nature waul d be reinforced by
requiring a cash bond, since there would be little incentive to pursue a
deferral as a means of avoiding the expense of doing the work.
If the applicant chooses not to post a cash bond, our next preference is a
lien against the property being developed. The lien is a solid form of
bonding as the City has a legal hold on real property and the lien is recorded
with the County Recorder.
Third on the list of guarantees is the surety bond which is valid only if the
premiums are paid, usually on an annual basis. A search of our records shows
that the City has not needed to collect on a surety bond for a deferral that
has been terminated.
The City has not to our knowledge accepted a lien on anything other than the
real property that the owner is developing. The prospect of placing a lien
against someone's personal property is not appealing. It would be impractical
to accept title to personal belongings such as vehicles, etc. It would be
possible, however to place a lien against real property other than that being
developed if it is under the same ownership.
Bonding Problems
1. Cash Bonds: This form of guarantee is the least popular with develope"rs
and owners because they prefer to not tie their cash up for an indefinite
period. A record-search reveals only five instances where a cash bond has
been submitted in the approximately 90 deferrals that have been granted.
Cash bonds pose the least problem for the City. Even though the original
amount may be outdated after a few years, the interest gained by the City
will have helped offset the effects of inflation. Since justification for
a deferral is based upon physical surroundings (i.e., no improvements on
block thus because of drainage, impossible to install improvements now)
rather than availability of private financing, a cash deposit should be no
more restrictive than installation of the improvements.
2. Liens: The major problem with liens is that placing a dollll.r amount in
the lien without an inflation factor leads the property owner to believe
that his obligation is limited to that amount. In fact, the property
owner is responsible for the installation of the improvements regardless
of the estimated amount of the work at the time of the deferral. This was
the opinion of the City Attorney in 1975.
Another problem, more minor in nature, is that it takes court action to
foreclose on a lien should such a foreclosure be necessary. However, the
City Code provides for the inclusion of attorney's fees in the lien amount.
3. Surety Bonds: The largest problem with this form of guarantee is that the
bonds are valid only as long as the premiums are paid. The most common
premium period is one year. Some surety companies send the City status
inquiries on the bonds each year to see whethei' they must be renewed.
Many of the companies do not.
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Page 3. Item
Meeting Date 11/!l/6!l
The bond amounts do not include an inflation factor. therefore. the owner
may not be aware of his true total financial obligation.
Recommended Action
Section 12.24.070 of the City Code states that the City Engineer may grant a
deferral for a specified period and. from time to time. may extend the
deferral. Therefore. staff recommends the following:
1. Limit all deferrals of public improvements to three years. with the
stipulation that the deferral may be terminated upon written notice by the
City Engineer at any time within the three-year period.
2. Accept only cash bonds except in cases of demonstrated hardship, when a
lien on real property may be accepted.
The lien agreement would be worded in such a way as to bind the owner to
the full cost of installing the improvements at the time the deferral is
called up and not the amount estimated at the time the deferral is granted.
3. Initiate a tickler system whereby staff will be alerted in sufficient time
so as to let the applicant know his deferral is about to expire and
further action is necessary on his part before the date of expiration.
FISCAL IMPACT: None
JWH:fp/PDOOl
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COUNCIL AGENDA STATEMENT
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~2.
Item ~
ITEM TITLE:
Heeting Date 1/9/90
SUBMITTED BY:
Report on Appeal to the Council on Planning Commission
decision to deny request for a waiver of requirement to
widen Hilltop Drive and N~~~s Street
Director of Public Works~
REVIEWED BY: City Manager ~~ (4/5 Vote: Yes_ No-lL)
The owner of a portion of the Country Club Shopping Center in the
northwest quadrant of Hilltop Drive and Naples Street is proposing to
remodel the exterior of the building on his property. The work is
estimated to be $56,400. There is no additional floor space planned for
the building. The owner's architect was informed that the City would
require widening of the street along both Hilltop Drive and Naples Street
as part of the bUilding permit process.
Prior to applying for a building permit, the owner applied for a waiver
of the Widening requirement. All requests for waivers must be considered
by the Planning Commission. At its meeting on November 29, 1989, the
Commission denied the request. On November 30, 1989, Tim Jones, the
owner's architect, acting as agent for the owner, submitted an appeal of
that decision to the City Council.
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RECOMMENDATION: That the Council deny the waiver request
BOARDS/COMMISSIONS
waiver request at
minutes attached).
RECOMMENDATION:
its meeting on
The Planning Commission denied the
11/29/89 by unanimous vote (copy of
DISCUSSION: Last October, Mr. Tim Jones, architect for Leonard Greaser,
owner of the easterly portion of the shopping center in the northwest
quadrant of Hilltop Drive and Naples Street, came to the Engineering
Division counter asking what requirements would be set on a building
permit for remodeling the exterior of his building. Mr. Jones emphasized
that no floor spaced was being added. (The buildings being remodeled do
not include the burned out market or Lou's Gym.) He has placed a
valuation of $56,400 on the remodeling work. In accordance with Section
12.24.040 of the City Code, remodeling costs in excess of $10,000
activates the requirement to install public improvements in accordance
with current City standards. The estimated cost of the public
improvements is approximately $12,500, or 22% of the remodeling costs.
On 10/5/89, Mr. Greaser applied for a waiver of the widening
requirements. The City Code provides that all waivers must be considered
by the Planning Commission. A report was prepared and submitted to the
Commission for its meeting held November 29th (copy of report and minutes
attached). By unanimous vote. the request was denied.
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Mr.
feet
Greaser's property has 150 feet of frontage on Hilltop Drive and 130
on Napl.a St...t. e"ffJllaPt" _jj:'~ :~~''''on in
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Page 2 It.em
H~et.ing dat.e 1/9/90
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roadway width from 32 feet to 20 feet from centerline along the Hilltop
frontage. The new General Plan calls for Naples to be a Class II
collector street, with an ultimate half-width of 26 feet. The result is
that t.he street will be widened six feet throughout t.he frontage.
It has been our goal to widen the intersections in t.he older parts of t.he
city in commercial areas. The widenings provide space to install left-
turn lanes and, overall, facilitate turning movements. Both Hilltop
Drive and Naples Street were built years ago to then-current residential
collector standards (i.e. 40 feet curb to curb), with BO-foot-wide rights
of way. Since that time, however, the increased traffic demands have
forced us to change our standards_
Recently, 7-Eleven Stores was required to widen Hilltop Drive 12 feet and
Naples Street 6 feet when the owners submitted plans to build a new store
at the northwest corner. The subject shopping center property surrounds
the 7-Eleven site and we are requiring similar improvements.
Section 12.24.060 of the City
requirements to install public
conditions including but not limited
Code provides for the waiver
improvements in circumstances
to the following:
of
and
l.
2.
Where adequate improvements of the
Sidewalks may be waived where
installation of sidewalks would be
nature and type already exist; .
the topography is such that the (
impracticable;
3. Where the street has not or can not be readily graded to the
established grade;
4. Where installation of sidewalks would be hazardous to pedestrians
because of grade;
5. Where Council has, by resolution, previously waived or modified
the requirement for curbs, gutters and sidewalks.
Although Item 1 may be suitable as a reason for a waiver, the City has,
in several similar circumstances, required the widening of intersections
as a condition of approval of the development on the properties (i.e. 7-
Eleven's project). The additional width is needed at this intersection,
as the present curb-to-curb width on both streets is only 40 feet.
Additionally, there are bus stops at all four of the corners, causing
further congestion.
Although the owner proposes no additional floor space for the buildings,
the facelift is likely being done to increase business. The result would
be the addition of traffic at the intersection.
The approximate traffic counts at the intersection are as follows:
e
Hilltop Drive - North of Naples: 13,020 cars per day
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Page 3 It.em
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Heeting date 1/9/90
There are a large number of t.urning movement.s made at. this intersection.
The intersection is presently signalized on a timed cycle (no independent
left-turn signals). The proposed widening would help alleviate the
conjestion by providing left turn lanes on two legs of the intersection.
The opening of the 7-Eleven will result in additional traffic at the
intersection. The improvements being required of this applicant will
further help relieve the anticipated congestion.
The Circulation Element of the new General Plan specifies both Naples
Street and Hilltop Drive as Class II Collector streets with ultimate
widths of 52 feet curb-to-curb. No additional dedication is needed along
the frontages of either street, since both street rights of way are now
80 feet wide.
Based on the contents of this report, we find that we cannot support the
grant of the requested waiver and recommend that the request be denied.
(
An alternative would be to grant a deferral for three years. Normally,
if a deferral is granted, it would be aCcompanied by a cash bond-
submitted .by the applicant in an amount of 110% of the estimated cost of
the improvements. In certain cases of hardship, however, we have
accepted liens on the property in lieu of cash.
FISCAL IMPACT: None
JH/PD-085
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POP TION OF
SHOPPING CENTER
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20' 20'
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7/11 STORE
PtJRTIOIJ B I"'G WIOl!NEO
8Y 7-ELE~ '" STO.eES
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EXISTlN~ C'VIIS--..J
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LEGEND:
II I I I I , I' t I
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PORTIONS OF IMPROVENENrs
ReQUeSTEO TO BE WAIVED
OR 4""'" !t ,-
L. M. G.
_ E
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PD-085
OAI( 1/-3-89
REOUEST FOR WAIVER OF WIDENING
H/L L TOP OR. ~ NAPL ES ST.
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City ?lanning Commission
Agenda I~em for Mee~ing of November 29, 1989
Page 1
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2.
ON ID"~TIrN
H:LLTOP DRIVE
NT
A. BACKGROUND
Recently. Mr. Leonard Greaser. owner of a portion of the shopping
center .u ~he northwest quadrant of Hilltop Drive and Naples Street,
su~mit~ed plans for remodeling the exterior of his building on
Assessor's ?arcel No. 619-100-10. His architect has placed a
valuation of $56,400 on the remodeling work. In accordance with
Section 12.24.040 of the City Code, Staff imposed the requirement to
W~Qen the roadway along the frontages to provide for future left-turn
lanes at the intersection.
On 10/5/89. ~r. Greaser applied for a waiver of the widening
requirements. The City Code provides that all waivers be considered
by ~he Planning Commission.
B. RECOMMENDATION
~ Deny the request for a waiver of the requirement to install publi~
improvements.
C. DISCUSSION
~r. Greaser's property has 150 feet of frontage on Hilltop and 130
:e~~ on ~cp:es. He ~s being required to provide a transition in
readway wicth from 32 feet to 26 feet from centerline alon~ the
~i::~c? =rc~tage. The new General Plan calls for Naples to 'be a
\._~~: :I =o~~ec~or s~ree~. with an ultimate half-width of 26 feet.
.~~ r~su~~ ~s ~hat the stree~ will be widened six feet throughout the
:r~~~~~~.
-- cas ceen ~ur goal to widen the in~ersections in the older parts of
~~~ ~ity in ~cmmercial areas. The widening~ prOvide s~ace to install
:~:~-~~rn 13nes and. overa~~. facilitate turning movements. Both
~:_~~0? Driv~ and Naples Street were built years ago to then-current
r~5i~2~tia: collector st3ndar.ia (i.e. 40 feet curb to curb), with 80-
:~:~-nide rL~nt5 or way, 3iLce that time. however. the increased
~r~~~~: de~a~~3 have forced :13 to chan~e our standards.
L
~e=er.~:y. 7-Eleven Stores was required to widen Hilltop Drive 12 feet
~c= ~~?le5 6 feet when ~he owners submitted plans to build a new
E::re st ~he northwest corner. The subject shopping center property
zl~=rou:lds the 7-Eleven ~ite and we aro requiring similar
~~;rOV~mcn~s.
&-b-~
Paiire ~
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Sec~ion 12.24.060 of the City Code provides for the waiver of
req~irements ~o install public improvements in circumstances and
condi~ions including bu~ not limited to the following:
.
, Whe:ce adequa~e improvements of the nature and type already
exist:
2. Sidewalks may be waived where the topography is such that the
installation of sidewalks would be im~racticable;
.,
w.
Where the street or alley has no~ or can not be readily
graded ~o the established grade;
A
...
wner.e installation of sidewalks would be hazardous to
ped~s~rians because of grade;
5. Whe::e Council has. by resolution, previously waived or
modi:ied the requirement for curbs, gutters and sidewalks.
Although Item 1 may be suitable as a reason for a waiver. the City
has. in severa: similar circumstances. required the widening of
in~ersections as part of the development on the properties (i.e. 7-
Eleven's projec~). The additional width is especially needed at this
in~ersecticn. as the presen~ curb-to-curb width on both streets is
only 40 fee~. Additionally, there are bus stops at all four of the
corners. causing further congestion.
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The estimated cost of the widening work is approximately $12,500 and
is =ur~her broken d~wn as follows:
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Quantitv
Unit
Price
Total
C;;.~= :L :;U~ -:'2~"
280
640
1.188
4.090
SF
Lr
$12.00
3.50
2.80
0.35
$3.360.00
2.240.00
3.326.00
1.432.00
Dr~veways 2 !~ 35' WD
2i=ewa:~ (5.5'X 216)
SF
3F
-. .
o:;.:;,=-€,ra::'2 ;.rSD
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Subtotal
$10.358.00
522.00
522.00
:;;"":r"'..9-=7 .. .:!ez .:.gn
:~~3~~~c~icn s~aking
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Subt.otal
$11,402.00
1,140.00
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TOTAIL3.STIHATE ~12.542.00
T~e a;::r;,)xim.~t.-e traf f i,:: COUlits at th#~ inters~ction are as follows:
Hi 11 top Drive - North of Naples: 13,020 eat'S per day
South of Naples; 8,870 cal"S per day
( Naples Stre~t - vlest of Hi.llt"p: 9 .190 t:ars per day
East. of Hill top: 5,160 cars per day
';:",,0. a large nu::,t,1' of turninq mo.....'m.."nt.; are made at. this
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l:'~:.-=rE;..;t.lon.
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The intersection is
independen~ left-turn
for a left ~urn lane,
presently
signals).
signalized on a timed cycle (no
However. the widening would provide
The Circ~lation Element of the new General Plan specifies both Naples
and Hilltop as Class II Collector streets with ultimate widths of 52
feet curb-to-curb. No additional dedication is ~eeded, since both
street rights of way are 80 feet wide,
Based on
the grant
denied.
the contents of this report, we find that we cannot SUPPort
of ~he requested waiver and recommend that the request be
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Tape: 305
Si de : 2'
MINUTES OF A REGULAR BUSINESS MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
7:00 p.m.
Wednesday, November 29, 1989
ROLL CALL
Council Chambers
Public Services Building
CO~~ISSIONERS PRESENT: Chairman 'Tugenberg, Commissioners Cannon,
Carson, Casillas, Fuller, Grasser (7:30), and
Shipe
CO~n1ISSIONERS ABSENT: None
STAFF PRESENT: Deputy City Manager Krempl, Director of Planning
Leiter, Principal Planner Lee, Associate Planner
Griffin, Senior Civil Engineer Daoust,
Consultant Bud Gray, Assistant City Attorney
Rudolf
PLEDGE OF ALLEGIANCE - SILENT PRAYER
The pledge of allegiance to the flag was led by Chairman Tugenberg and was
followed by a moment of silent prayer.
IIlTRODUCTORY REf-lARKS
Chai rr.1an Tugenberg revi ECHed the compositi on of the Pl anni ng Commi ss i on, its
responsibilities and the format of the meeting.
APPROV AL OF 141 NUTES
c
MSC (Carson/Fuller) 4-0 Casillas and Shipe abstained (Grasser out), to approve
the Minutes of October 11, 1989, as mailed.
:.\sUC (Carson/Cannon) 6-0 (Grasser out) to approve the Minutes of November 8,
1989 with the following change: page 13, motion should read "disapprove the
EastLake II I General P1 an Amendment for 1,817 dl"/ell i ng units," not 8,817.
ORAL CC~~U~ICATIONS
None.
DRC-89-27M: CONSIDERATION OF AN APPEAL~
DESIGN REVIEW Cor.1I1ITTEE DECISION DEilY A
DEVELOPf1EIlT PROPOSAL CONSISTI HE CONSTRUCTIOIJ
MIUI-MART WITH E SALES LOCATED AT 1725
BROAD TLA ICHFIELD
Associate Planner Griff' ed that the app 1 had submitted a letter of
withdroNa1, s . would be appropriate to file the reques .
(Carson/Cannon) 6-0 (Grasser out) to file the request for DRC-89-2
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November. 29, 1989
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2. PUBLIC HEARING:
CONSIDERATION OF REQUEST FOR A WAIVER OF THE
REQUIREMENT TO WIDEN HILLTOP DRIVE AND NAPLES STREET
Senior Civil Engineer Roger Daoust explained that the appl icant' s architect
had submitted a preliminary plan showing exterior modifications for a
COllll1ercial building located in the northwest quadrant of Hilltop Drive and
Naples Street. He gave background information.on the project and stated that
the Engineering Department would require that the applicant install curb,
gutter and sidewalk, along with street paving which would be required along
Hilltop Drive transitioning to 26' at the northerly property line. The
7-Eleven Store at the corner of the intersection had been required in
conjunction with their building permit to provide 6' of widening along both
Hilltop Drive and Naples Street and also to provide substantial traffic signal
improvements. The work indicated that would be required for this project
would transition from the end of the improvements provided by the 7-Eleven
Store to the ultimate curb line on Hilltop Drive, whic'h was 26' from
centerline. Along Naples Street, the widening requirement would be 6'
throughout the frontage. The cost of that improvement work would be
apprOXimately $12,540. The applicant felt the cost of the improvement work
was excessive with respect to the on-site work (approximately 22$) and'
requested a waiver of the improvements. No deferral was requested.
Mr. Daoust stated that staff did not support the request for a waiver, and
recommended that the waiver not be granted, since the City Code does not
support a waiver.
Commissioner Cannon asked what proportion of the 7-Eleven construction
constituted ~treet improvements.
I~r. Daoust di d not know the actual faci 1 i ty cost of the improvement at the
7-E1even, but estimated the cost of the public improvement work to be
apprOXimately $111,000--$60,000 was traffic signal; the remainder was street,
sidewalk, and curb and gutter.
Commissioner Fuller asked if the improvement included all of the buildings in
the shopping center other than the 7-E1even.
Mr. Daoust replied that it included the facade on all the buildings within the
particUlar property. He then explained that the 7-E1even was one ownership,
the small shops extending from Hilltop Drive to the west was an ownership of
approximately 200'. Beyond that, there was an additional ownership.
This being the time and place advertised, the public hearing was opened.
Tim Jones, 978 Myra Avenue, Chula Vista 92011, representing Mr. Jay Pugh, the
present owner. I~r. Jones stated that Mr. Pugh had only owned the project for
apprOXimately two years. He went on to explain that the pharmacy was the end
of thei r project. Lou's Gym and the burned-out market was under different
ownership. He gave some history of the project and presented a map showing
the Work previously done by 7-E1even. Mr. Jones stated that if I~r. Pugh had
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November. 29, 1989
come in with his project before the 7-Eleven was put in, their costs would not
have been as high. Mr. Jones stated that the requirement of street widening
would be a burden to the owner ..nd they didn't feel it was justified. He
stated that since there would be no expansion of the center, no additional
floor space or rentable lease area, the project would generate no additional
traffic. He referred to a letter,addressed to Cliff Swanson regarding the
waiver, which had been handed to the Planning Commission prior to the meeting.
Commi ssi oner Carson asked if Mr. Pugh ori gi nally owned the fill ing stati on
which had been removed and if he had paid to have the contaminated soil from
the filling station removed. Mr. Jones replied that Mr. Pugh had not; that it
was not part of his property.
Commissioner Carson asked if the street improvements are required, does the
owner plan to continue to make any kind of improvements in that area? Mr.
Jones stated the owner is going to improve the lot, but instead of the $12,000
improvement they are looking at more like $20,000 worth of street improvements.
Commissioner Fuller asked why Mr. Jones thought it would have .been less cost
if they had come in before the .7-Eleven was put in. He stated the project
would have consisted only of repainting and signage. Now, after 7-Eleven,
they are being asked to re-color code, put in architectural columns, new tile
mansard, etc. which greatly boosted the cost of improvements~
Senior Civil Engineer Daoust pointed out that at the time the subject first
came up when the plans were submitted; it was suggested that the applicant
take thi s route--the request for a wai ver or a request for a deferral--as a
preliminary step to avoid the effort of going through the application for a
building permit or preparing plans ior a design review.
No one else wishing to speak, the public hearing was closed.
Commissioner Cannon said that while he may sympathize with the 20% improvement
cost, the Code is very specifi c on the basi s upon whi ch there coul d be a
waiver.
Chairman Tugenberg .stated that whatever the conditions were, this improvement
must be done because, although the improvements may not increase the traffic
on the site of the property, the volume of the traffic is increasing
consistently at that intersection. Now with Naples Avenue being opened up, it
wi 11 probably be one of the major thoroughfares out of the Sunbow
development. Naples will carry more traffic as the years go by, and
improvement of the intersection is necessary.
Commi ssi oner Carson concurred that traffi cis i ncreasi ng and 1 eft-turn 1 anes
are needed.
MSUC (Cannon/Casi 11 as 1 6-0 (Grasser out 1 to deny the request for a waiver.
,
~_ })-IO
COUNCIL AGENDA STATEMENT
ITEM TITLE
Resolution I~"'.>" - Designating Authorized
Representat i ves to Acqu ire Surp 1 us Property from
California State Agency for Surplus Property
Item ?
Meeting Date 2/23/93
City
the
SUBMITTED BY
City Manager&'
4/5 Vote: Yes
NoL
The City has been requested by the Department of General Services of the State
of California to update our list of authorized representatives for acquisition
of surplus property. This list was last updated in August, 1989. In order for
the City to be eligible to continue to participate in this program, it is
necessary to update this information.
RECOMMENDATION: Adopt resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION:
The attached resolution lists the City Manager and Assistant City Manager as
representatives of the City who have authority to sign for surplus property in
any amount.
FISCAL IMPACT: N.A.
7'1
7-J,
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RESOLUTION NO. 1~''1.5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DESIGNATING AUTHORIZED CITY REPRESENTATIVES TO
ACQUIRE SURPLUS PROPERTY FROM THE CALIFORNIA STATE
AGENCY FOR SURPLUS PROPERTY (CATEGORY 1)
The City Council of the city of Chula vista does hereby
resolve as follows:
WHEREAS, the State Agency for Surplus Property has
requested that we process a resolution to authorize Category 1
representatives (persons who have authority to sign for surplus
property in any amount).
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does designate and authorize the
officials whose names, titles and signatures are listed below as
the city of Chula vista's representatives to acquire federal
surplus property from the California State Agency for Surplus
property (Category 1) under the Terms and Conditions attached
hereto and incorporated herein by reference as if set forth in
full.
John D. Goss, City Manager
sid Morris, Assistant City Manager
Presented by
Approved as to form by
John D. Goss, City Manager
D. Richard Ru
city Attorne
Assistant
F:\home\allomey\6042a
7...3
61
STATE or CALIFORNIA-STATE AND CONSUMER SERVices AGENCY
PE E WilSON, Gowrnor
DEP ARTMENT OF GENERAL SERVICES
OFFICE OF PROCUREMENT
MATERIAL SERVICES
701 BURNING TREE ROAD
FUllERTON, C.A 92633
(714) 449.5900
C\.:l. (\ GV\:J- ,^2-~ iL 1/ J
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J2\'ILPr<-j ~Jj \qce
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CIiULA VISTA,GITY
276 FOUHTB AVE
CHGLA 'lIST/\, C1\
OF
or,n"1 re
<-,,::,',-I..l...\.I
Attention:
According to regulations <,Joverning the Federal Surplus ProJ?erty
Program, all donee organ1zations must renew their eligib1lity
periodically.
Because our records indicate updated eligibility for your
organization has not been accomp11shed in some time, we request
that you complete the attached renewal application form and
return it to us within sixty days from the date of this letter.
Failure to respond within that time will result in automatic
cancellation from the program.
When your completed form is returned to us, only those names
listed thereon will be considered current. All previous
authorizations of personnel will be rescinded. You may attach
an additional list to the form if needed.
If you have any questions, or additional time is required for
return of the completed form, please call.
Sincerely, \
4~ c: SmaX ~
GES/H
attch.
GERALD E. SMITH, Director
State Agency for Surplus Property
7'>
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:2/23/93
1r
SUBMITTED BY:
Resolution II, 19~ Authorizing expenditure of
funds for creation of a non-profit corporation to
be known as Chula vista Informed, Inc., and an
agreement for mailing services with said
corporation.
Public Information coordinato~
City Manage~ (4/5ths vJIe: Yes___ No X 1
ITEM TITLE:
REVIEWED BY:
The laws governing non-profit organizations allow the City to
create an independent corporation to carry out educational or
charitable programs. By establishing Chula vista Informed, Inc.,
the City would be able to take advantage of lower non-profit
postage rates and save approximately $6,000 per year on the mailing
of the "Chula vista Quarterly" newsletter.
RECOMMENDATION:
Adopt the resolution to authorize expenditure of funds for creation
of the non-profit corporation Chula vista Informed, Inc., and an
agreement for mailing services with said corporation.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
The U.S. Postal Service offers discounted postage rates to non-
profit corporations. These rates are roughly 50% lower than
regular postage rates. While the discount would not apply to all
city business, state and federal law does allow its application to
certain specialized areas such as public educational materials
(e.g. newsletters). Several other California cities, including
Lakewood, Southgate, Bellflower and Loma Linda, already have such
non-profit informational entities.
Staff proposes creating a similar non-profit entity to be called
Chula vista Informed, Inc. (CVI).
The estimated cost for establishing the proposed CVI corporation is
$435. This total includes expenditures of $35 to file Articles of
Incorporation and the officers I names and addresses with the
California Secretary of State and $25 to file an application for
tax exemption with the California Franchise Tax Board. The
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remaining $375 cost is for filing a determination letter request
with the Internal Revenue Service.
with the letter to the IRS the City has two options. Staff
recommends filing for an "advance rUling." This option would
require reapplication and an additional $375 fee after five years
of CVI's operation, but it avoids the loss of postage savings which
would occur with the one-year waiting period required to file for
a "definitive rUling."
Postaqe Costs
As the Quarterly is currently distributed, approximately half of
the copies are inserted in Laidlaw refuse billings to single family
residences. This bill-stuffing and mailing service is provided to
the City free of charge. The other half are bulk-mailed to
residents of apartments, condominiums and mobile homes and
businesses not billed directly by Laidlaw. The total FY 1992-93
"Quarterly" postage cost is $12,380. By acting through the
Purchasing Agent to mail through CVI, the annual cost could be
reduced to $6,290 - a savings of $6,090 (see attached exhibit).
NOT SCAi'i"NED
Establishment of a Non-Profit Corporation
Staff has reviewed the applicable legislation and prepared the
requisite tax forms and incorporation papers. Since the
corporation would hold no real assets or pay any salaries or member
dividends, the initial and annual paperwork requirements will be
minimal. Allowing for a reasonable amount of processing time by
the various agencies involved, the necessary approvals should be
obtainable by the end of the current fiscal year in June.
FISCAL IMPACT:
Up-front filing costs for establishing the proposed corporation
would total $435. These costs would be paid out of current year
Public Information Division appropriations. Postage savings of
approximately $6,000 per fiscal year would be anticipated to start
with the first issue of the Quarterly in FY 93-94. Since the costs
for mailing the Quarterly are partially reimbursed, the savings
would be split among the following funds: General Fund, Redevelop-
ment, SCOOT and Sewer.
Related future expenditures would consist of an annual fee of $5
for a report to the Secretary of State and a one-time fee of $375
in FY 97-98 to obtain a final "definitive ruling" from the IRS.
These costs would be more than offset by savings of approximately
$6,000 per year in costs for mailing the Chula vista Quarterly.
Additional savings might also be realized on other informational
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mailings (e.g. Redevelopment Review newsletter, Park and Recreation
program publicity).
Attachments
JY
8'-J IS-AI
RESOLUTION NO.
/69'~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING EXPENDITURE OF FUNDS
FOR CREATION OF A NON-PROFIT CORPORATION TO BE
KNOWN AS CHULA VISTA INFORMED, INC., AND
AUTHORIZING AGREEMENT WITH CORPORATION FOR
MAILING SERVICES
WHEREAS, the laws governing non-profit organizations
allow the City to create an independent corporation to carry out
educational or charitable programs; and
WHEREAS, by establishing Chula vista Informed, Inc., the
City would be able to take advantage of lower non-profit postage
rates and save approximately $6,000 per year on the mailing of the
"Chula vista Quarterly" newsletter.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the expenditure of
City funds for the creation of a non-profit corporation to be known
as Chula vista Informed, Inc.
BE IT FURTHER RESOLVED that the City Manager, Deputy city
Manager and Public Information Coordinator are hereby authorized
and directed to execute said Articles of Incorporation and By-Laws,
and enter into an agreement for annual mailing services, once the
corporation is formed.
Presented by
Approved as to form by
Jeri Gulbransen, Public
Information Coordinator
~J-J
D. R1chard Rudolf,
City Attorney
F:\home\attomey\cvinform
8',,5' /'*"8
CHUlA VISTA QUARTERLY POSTAGE COSTS
l1-Feb-93
Start-up
N\IIiler of postage Change from Non-Profit
Copies Rate Postage FY 92-93 Fees.
A FY 92-93 Postage Budget S12,382
B Regular Rate. Carrier Route 30,250 SO.109 S13,189 $B07
Laidlaw Inserts (no charge) 24,100
C Non-Profit - Carrier Route 30,250 SO.052 $6,292 ($6,090) $435
Laidlaw Inserts (no charge) 24,100
* Organization would also be subject to 8 $5 annual filing fee with the Secretary of State and
8 "definitivell rul ;ng from the tRS (8cc~nied by 8 S37S fee) after five years of operation.
8"7
ARTICLES OF INCORPORATION
OF
CHULA VISTA INFORMED, INC.
I. Name.
The name of this corporation is CHULA VISTA INFORMED, INC., hereinafter referred
to as "Corporation".
II. Nature of Corporation; Purpose.
This corporation is a nonprofit public benefit corporation and is not organized for the
private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law
for charitable purposes.
The specific and sole purpose for which the corporation is organized is:
(a) To disseminate information on municipal affairs.
In furtherance of said specific and primary purpose, the corporation shall be authorized
to engage in any transaction related to this specific and primary purpose which may from time
to time be authorized or approved by the Board of Directors.
Notwithstanding any of the above statements of purposes and powers, this corporation
shall not, except to an insubstantial degree, engage in any activities or exercise any powers that
are not in furtherance of the primary purpose of this corporation.
ill. Initial Agent for Service of Process.
The name and address in the State of California of the corporation's initial agent for
service of process is John Goss, City Manager, 276 Fourth Avenue, Chu1a Vista, California
91910.
IV. Dedication to Educational Purpose.
(a) The property of this Corporation is irrevocably dedicated to educational purposes,
and no part of the net income or assets of this organization shall ever inure to the
benefit of any director or officer of this corporation, or to the benefit of any
private person.
(b) Upon the winding up or dissolution of this Corporation, and after paying or
adequately providing for the debts and liabilities of the corporation, the remaining
assets shall be distributed to a nonprofit fund, foundation, or corporation which
is organized and operated exclusively for charitable or educational purposes and
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which has established its tax-exempt status under Section 501(c)(3) of the Internal
Revenue Code.
V. Limitation on Powers to Non-Profit Activities.
A. The Corporation is organized and operated exclusively for charitable purposes
within the meaning of Section 501(c)(3) of the Internal Revenue Code.
B. Notwithstanding any other provisions of these Articles, the Corporation shall not
carry on any other activities not permitted to be carried on (1) by a corporation exempt from
federal income tax under Section 501(c)(3) of the Internal Revenue Code or (2) by a corporation,
contributions to which are deductible under Section 170( c)(2) of said Code, or the corresponding
provisions of any future statute of the United States.
C. No substantial part of the activities of this Corporation shall consist of carrying
on propaganda or otherwise attempting to influence legislation; nor shall the corporation
participate or intervene in any political campaign (including the publishing or distribution of
statements) on behalf of any candidate for public office.
VI. Members.
The Corporation shall have no members. Any action which would otherwise by law
require approval by a majority of all members or approval by the members shall require only
approval by the Board of Directors. All rights which would otherwise by law vest in the
members shall vest in the Board.
Vll. Board of Directors.
The Corporation shall be governed by a Board of Directors.
The Directors shall be the persons assigned to the following offices and positions of the
chartered municipal corporation of the City of Chula Vista, California: (1) The City Manager,
who shall be the initial Chairperson; (2) the Deputy City Manager or Assistant City Manager
responsible for overseeing the public information function, who shall be the initial Vice
Chairperson; and (3) the Public Information Coordinator. Changes in the size or membership
of the Board of Directors shall be governed by the By-Laws of this organization.
Vill. Amendments to Articles and By-Laws.
Any amendment to the Articles and such By-Laws as may be promulgated by the Board
may only be effective upon approval by the Board.
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IN WITNESS WHEREOF, the undersigned, being the Incorporators of ChuIa Vista
Informed, Inc., named in these Articles of Incorporation, have executed these Articles of
Incorporation on , 1993.
John Goss, City Manager, City of Chula
Vista, Incorporator
George Krempl, Deputy City Manager,
City of Chula Vista, Incorporator
Jeri Gulbransen, Public Information
Coordinator, City of Chula Vista,
Incorporator
DECLARATION
We are the persons whose names are subscribed below. We collectively are all of the
incorporators of Chula Vista Informed, Inc., named in the Articles of Incorporation, and we
have executed these Articles of Incorporation. The foregoing Articles of Incorporation are our
act and deed, joint and severally on behalf of the City of Chula Vista.
Executed on
1993, at Chula Vista, California.
We, and each of us, declare that the foregoing is true and correct.
John Goss, City Manager, City of Chula
Vista, Incorporator
George Krempl, Deputy City Manager,
City of Chula Vista, Incorporator
Jeri Gulbransen, Public Information
Coordinator, City of Chula Vista,
Incorporator
February 16, 1993
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By-Laws
of
Chula Vista Informed
1. Name, Organization and Purpose, Principal Office, Seal
1.1 ~. The name of this corporation is Chula Vista Informed, Inc., hereinafter referred
to as "Corporation").
1.2 Organization. PUlJ)Ose and Use of Funds. The Corporation is a nonprofit corporation
organized under the General Nonprofit Corporation Law of the State of California to disseminate public
information on the municipal affairs of the City of Chula Vista, and in conjunction with that purpose,
to present public discussion groups, forums, panels, lectures, and other similar programs in the City
of Chula Vista, and to establish and maintain an adequate line of communication between the City of
Chula Vista and its residents. The activities of the Corporation shall be limited to the activities
described in its Articles of Incorporation. No gains, profits, or dividends shall be distributed to any
of the directors or officers of the Corporation, and no part of the net earnings, funds or assets of the
Corporation shall inure to the benefit of any director or officer, private shareholder or individual or any
other person, firm or corporation. This corporation has been formed under the California Nonprofit
Public Benefit Corporation Law for the public purposes described above, and it shall be nonprofit and
nonpartisan. No substantial part of the activities of the corporation shall consist of the publication or
dissemination of materials with the purpose of attempting to influence legislation, and the corporation
shall not participate or intervene in any political campaign on behalf of any candidate for public office
or for or against any cause or measure being submitted to the people for a vote.
The corporation shall not, except in an insubstantial degree engage in any activities or exercise
any powers that are not in furtherance of the purposes described above.
1. 3 Principal Office. The principal office of the Corporation shall be in the City of Chula
Vista, County of San Diego, State of California.
1.4 Seal. The corporate seal of the Corporation shall set forth the name of the Corporation and
shall have inscribed thereon the words "Incorporated , 1993, California."
2. Membership
2.1 Members. The corporation shall have no members. Any action which would otherwise
by law require approval by a majority of all members or approval by the members shall require only
approval by the Board. All rights which would otherwise by law vest in the members shall vest in the
Board.
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3. Directors
3.1. Number of Directors. Term of Office. The Board of Directors shall consist of three (3)
persons. The initial directors shall be the persons identified in the original articles of incorporation.
The number of directors may be changed by amendment of this By-Law; provided, however, that there
shall never be less than three (3) directors. Each director shall hold office until his or her death,
resignation, or removal.
3.2 Or~anization Meetine:. The Board of Directors may at any time hold an organization
meeting at which the directors shall organize by electing from their number a Chairperson, a Vice
Chairperson and a Treasurer. In addition, the Board of Directors shall elect a Secretary and may elect
such subordinate officers as they may determine, none of whom need be a member of the Board.
3.3 Place of Directors' Meetine:s. Meetings of the directors shall be held at such place in the
City of Chula Vista, or elsewhere, as may be designated from time to time by the Board of Directors.
3.4 Ree:ular Meetin~s. The Board of Directors may provide for the holding of regular meetings
and may fix the time and place of holding such meetings. Notice of regular meetings need not be given.
3.5 Special Meetin~s. Notice. Waiver. A special meeting of the Board of Directors shall be
held whenever called by the Chairperson, by the Vice Chairperson if the Chairperson is absent or
unable or refuses to act, or by any two (2) directors. Written notice of each such meeting shall be
delivered personally to each director forty-eight hours before the meeting or mailed to each director four
days before the day on which the meeting is to be held. Notice of adjournment of a meeting need not
be given to absent directors. The transactions of any meeting of the Board. of Directors, however called
and noticed and wherever held, shall be as valid as though had at a meeting duly held after regular call
and notice, if a quorum be present and if, either before or after the meeting, each of the directors not
present signs a written waiver of notice or a consent to holding such meeting or an approval of the
minutes thereof. All waivers, consents or approvals shall be filed with the corporate records and made
a part of the minutes of the meeting.
3.6 Action by Written Consent. Any action required or permitted to be taken by the Board of
Directors under any provision of law or these By-Laws may be taken without a meeting, if all members
of the Board of Directors shall individually or collectively consent in writing to such action. Such
written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors.
Such action by written consent shall have the same force and effect as a unanimous vote of such
Directors. Any certificate or other document filed under any provision of law which relates to action
so taken shall state that the action was taken by unanimous written consent of the Board of Directors
without a meeting and that the By-Laws of this corporation authorize the Directors to so act and such
statement shall be prima facie evidence of such authority.
3.7 Ouorum and Manner of Action. At all meetings of the Board of Directors a majority of
the directors in office at the time, present in person at such meeting, shall be sufficient to constitute a
quorum. Unless a greater number is expressly required by statute or by these By-Laws, every act or
decision done or made by a majority of the directors present at a meeting duly held, at which a quorum
is present and acting, shall be regarded as the act of the Board of Directors.
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3.8 Conduct of Meetings. The Chairperson or, in the absence of the Chairperson, the Vice
Chairperson, or, in the absence of the Vice Chairperson, a chairperson pro tempore chosen by a
majority of the directors present shall preside.
3.9 Participation in Meetim!s by Conference Telephone. Members of the Board may participate
in a meeting through use of conference telephone or similar communications equipment, so long as all
members participating in such meeting can hear and speak to one another. Participation in a meeting
pursuant to this section constitutes presence in person at such meeting.
3.10 Fees and Compensation. Neither Directors nor Officers shall receive any compensation
for their services; however, the Board may approve the reimbursement of a director's or officer's actual
and necessary expenses incurred in the conduct of the corporation's business. The corporation may
carry liability insurance respecting the conduct of the corporation's business by the directors.
3.11 Ri~hts ofInsoection. Every director shall have the absolute right at any reasonable time
to inspect and copy all books, records and documents of every kind and to inspect the physical
properties of the corporation.
3.12 Resil:nations and Vacancies. Any director of the Corporation may resign at any time by
giving written notice to the Chairperson or to the Board of Directors. Such resignation shall take effect
immediately unless otherwise specified therein. The acceptance of such resignation shall not be
necessary to make it effective. A vacancy or vacancies in the Board shall be deemed to exist in the
event of the death, resignation or removal of any director, or the failure of the members at any time
to elect the full number of directors. Any vacancy in the Board of Directors may be f1l1ed by vote of
a majority of the remaining directors though less than a quorum. Vacancies shall be filled by a vote
of the remaining directors. Each director so elected shall be subject to the term of office and other
provisions as specified herein.
3.13 Removal of Directors. Any director may be removed from office by the vote of a
majority of the directors.
4. Powers oC Board oC Directors
4.1. General Powers of Board of Directors. Subject to the express provisions of the Articles
of Incorporation and these By-Laws, all corporate powers shall be exercised by or under the authority
of, and the business, property and affairs of the Corporation shall be controlled by, the Board of
Directors. No director shall be responsible for any error in judgement or for anything that he or she
may do or refrain from doing in good faith.
4.2. Specific Powers. Without prejudice to the general powers set forth in Section 4.01(a), but
subject to the same limitations, it is hereby expressly declared that the Board shall have the following
powers in addition to the other powers enumerated in these By-Laws and permitted by law:
(1) To select and remove all the officers;
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(2) To conduct, manage and control the affairs and activities of the corporation
and to make such rules and regulations therefor not inconsistent with law, the Articles
of Incorporation or these By-Laws, as they may deem best;
(3) To adopt, make and use a corporate seal and to alter the form of the seal
from time to time as they may deem best;
4.3. Incurrin~ of Indebtedness. The Board of Directors, on behalf of the Corporation, may
incur such indebtedness for the proper purposes of the Corporation as the Board may deem necessary
or appropriate; may issue bonds, notes, debentures and other evidences of indebtedness of the
Corporation; may secure the same by mortgage, transfer in trust, pledge or other encumbrance of the
whole or any part of the assets of the Corporation; and may establish funds and make other provisions
for the payment of such indebtedness and interest thereof.
4.4. Board's Ultimate Authority. No assignment, referral or delegation of authority by the
Board or anyone else shall preclude the Board from exercising the authority required to meet its
responsibility for the conduct of the activities of the corporation and the Board shall retain the right to
rescind any such delegation.
s. Officers
5.1 Number and Oualifications. The officers of the Corporation shall be a Chairperson, a Vice
Chairperson, a Secretary, a Treasurer and such subordinate officers, including one or more assistant
secretaries and assistant treasurers, as the Board of Directors may designate. Only directors shall be
qualified to hold the office of Chairperson, Vice Chairperson or Treasurer, but the Board of Directors
may appoint any person, whether or not a director of the Corporation, to hold the office of Secretary
or any subordinate office.
5.2 Election. Term of Office. Each officer shall be elected by the Board of Directors and shall
hold office until his or her death, resignation or removal or until election of his or her successor.
Elections shall be held at the discretion of the Board of Directors.
5.3 Resil!:nations. Any officer may resign at any time by glVmg written notice to the
Chairperson or to the Secretary of the Corporation. Any such resignation shall take effect at the time
specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not
be necessary to make it effective.
5.4 Removal. Any officer may be removed from office by the vote of a majority of the
directors.
5.5 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification
or any other cause, shall be filled in the manner prescribed in these By-Laws for regular appointment
or election to such office.
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5.6 Chaimerson. The Chairperson shall be the chief executive officer of the Corporation and
shall have general supervision over the business of the Corporation, subject, however, to the control
of the Board of Directors. He or she shall preside at all meetings of the Board of Directors. He or she
may sign and execute, in the name of the Corporation, deeds, mortgages, leases, bonds, contracts and
other instruments duly authorized by the Board of Directors, and generally shall perform all duties
incident to the office of Chairperson and such other duties as may from time to time be assigned by the
Board of Directors. .
5.7 Vice ChaiJllerson. At the request of the Chairperson or in the case of his or her absence
or disability, the Vice Chairperson shall perform all duties of the Chairperson and, when so acting, shall
have all the powers of, and be subject to all restrictions upon, the Chairperson. In addition, the Vice
Chairperson shall perform such other duties as may from time to time be assigned by the Board of
Directors or the Chairperson.
5.8 Treasurer (Chief Financial Officer).
The Treasurer (chief financial officer) of the corporation shall:
(a) Keep and maintain, or cause to be kept and maintained, adequate and correct
accounts of the properties and business transactions of the corporation, including accounts of its
assets, liabilities, receipts and disbursements. The books of account shall at all times be open
to inspection by any director.
(b) Deposit all moneys and other valuables in the name and to the credit of the
corporation with such depositaries as may be designated from time to time by the Board.
(c) Disburse the funds of the corporation as may be ordered by the Board.
(d) Render to the president and directors, upon request, an account of all transactions
as Treasurer and of the financial condition of the corporation.
(e) Present to the Board at all regular meetings an operating statement and report
since the last preceding regular meeting of the Board.
(f) Cause the books of account to be audited or reviewed each year by a certified
public accountant and a report of such audit or review shall be presented to the Board not later
than the fourth month following the close of the fiscal year.
(g) Have such other powers and perform such other duties as may be prescribed from
time to time by the Board.
5.9 Secretary. The Secretary shall:
(a) Certify and keep at the office of the Corporation, or at such other place as the
Board of Directors may order, the original or a copy of the By-Laws, as amended or otherwise
altered;
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(b) Keep at the office of the Corporation, or at such other place as the Board of
Directors may order, a book of minutes of all meetings of the directors, recording therein the
time and place of holding, whether regular or special, and if special how authorized, the notice
thereof given, and the proceedings thereat;
(c) See that all notices are duly given in accordance with the provisions of these
By-Laws or as required by law;
(d) Be custodian of the records and seal of the Corporation
(e) Exhibit at all reasonable times to any director, upon application, the By-Laws, the
membership book and minutes of the proceedings of the Board of Directors; and
(1) In general, perform all duties of the office of Secretary and such other duties as
may from time to time be assigned by the Board of Directors or the Chairperson.
5.10 Subordinate Officers. Subordinate officers shall perform such duties as shall be prescribed
from time to time by the Board of Directors or the Chairperson.
6. SELF-DEALING TRANSACTIONS
6.1 Definition. Self-dealing transaction means a transaction to which the corporation is a
party and in which one or more of the directors ("interested directors") has a material financial interest,
except that the following will not be deemed self-dealing transactions, but are subject to the general
standard of care by the Board:
(a)
or officer;
An action by the Board to authorize or fix compensation of a director as a director
(b) A transaction which is part of an educational or charitable program of the
Corporation if the transaction is (1) approved or authorized by the corporation in good faith and
without unjustified favoritism, and (2) results in a benefit to one or more directors or their
families because they are in a class of persons intended to be benefitted by the program;
(c) A transaction of which the interested director or directors have no actual
knowledge, and which does not exceed the lesser of one percent (1 %) of the gross receipts of
the Corporation for a fiscal year or One Thousand Dollars ($1,000).
6.2 Action of the Board. If a transaction is thought to be a self-dealing transaction, the
interested director has the burden of showing the following to sustain the validity of the transaction:
(a) That prior to consummating the transaction or any part thereof the Board
authorized or approved the transaction in good faith by vote of a majority of the directors then
in office without counting the vote of the interested director or directors and with knowledge of
the material facts concerning the transaction and the director's interest in it.
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(b) That either:
(I) Prior to authorizing or approving the transaction, the Board considered and
in good faith determined after reasonable investigation under the circumstances that the
Corporation could not have obtained a more advantageous arrangement with reasonable
effort under the circumstances; or
(2) The Corporation in fact could not have obtained a more advantageous
arrangement with reasonable effort under the circumstances.
(c) That the Corporation entered into the transaction for its own benefit.
(d) That the transaction was fair and reasonable as to the Corporation at the time the
Corporation entered into the transaction.
6.3 Interested Director's Vote. In determining whether the Board has validly met to authorize
or approve a self-dealing transaction, interested directors may be counted in determining the presence
of a quorum, but an interested director's vote cannot count toward the required majority for such
authorization, approval or ratification.
6.4 Prior Ap.proval by the Attorney General. Remedies specified in the California Nonprofit
Public Benefit Corporation Law for an improper self-dealing transaction are not available if the Attorney
General of the State of California approves the transaction before its consummation. The corporation
may seek the approval of the Attorney General by application setting forth all relevant and material
facts.
6.5 Persons Liable and Extent of Liability. If a self-dealing transaction has not been
approved as provided above, the interested director or directors may be required to do such things and
pay such damages as in the discretion of a court will provide an equitable and fair remedy to the
corporation, taking into account any benefit received by it and whether the interested director or
directors acted in good faith and with the intent to further the best interests of the corporation.
6.6 Statute of Limitations. An action to remedy an improper self-dealing transaction, brought
by a proper party as defined by Section 5233(c) of the California Nonprofit Corporation Code to remedy
an improper self-dealing transaction, must be commenced either:
(a) Within two (2) years after written notice setting forth the material facts of the
transaction was filed with the Attorney General in accordance with the Attorney General's
regulations; or
(b) If no such notice is filed, within ten (10) years after the cause of action accrued.
6.7 C01:porate Loans and Advances. The Corporation shall not make any loan of money or
property to or guarantee the obligation of any director or officer, unless approved by the Attorney
General; provided, however, that the Corporation may advance money to a director or officer of the
corporation or any subsidiary for expenses reasonably anticipated to be incurred in the performance of
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the duties of such officer or director, provided that in the absence of such advance, such director or
officer would be entitled to be reimbursed for such expenses by the Corporation.
6.8 Annual Statement of Certain Transactions. The annual statement required by Section
6322 of the California Nonprofit Corporation Law shall be furnished to the directors for any fiscal year
in which a transaction or indemnification described in (a) or (b) below took place:
(a) A transaction in which the corporation or a subsidiary was a party and a director
or officer of the corporation or a subsidiary or a holder of more than ten percent (10%) of the
voting power of the corporation or a subsidiary had a direct or indirect material financial
interest; or
(b) Any indemnification or advances aggregating more than One Thousand Dollars
($1,000) paid during the fiscal year to any officer or director of the corporation or a subsidiary.
Such statement shall be mailed or delivered to the directors within 120 days after the close of the
corporation's fiscal year.
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.
7. INDEMNIFICATION AND INSURANCE
7.1 Indemnification. The Corporation shall, to the maximum extent permitted by the
California Nonprofit Public Benefit Corporation Law as in effect at the time of adoption of these By-
Laws or as amended from time to time, and in accordance with that law, indemnify each of its agents
against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in
connection with any proceeding arising by reason of the fact any such person is or was an agent of the
Corporation. For purposes of this section, an "agent" of the corporation includes any person who is
or was a director, officer, employee or other agent of the Corporation, or is or was serving at the
request of the Corporation as an officer, employee or agent of another corporation, partnership, joint
venture, trust or other enterprise.
7.2 Insurance. The Corporation may purchase and maintain insurance on behalf of any agent
of the Corporation against any liability asserted against or incurred by the agent in such capacity or
arising out of the agent's status as such whether or not the Corporation would have the power to
indemnify the agent against such liability under provisions of this Article, except for insurance to
indemnify any agent of the Corporation for a violation of Section 5233 of the California Nonprofit
Corporation Law (self-dealing transactions).
8. OTHER PROVISIONS
8.1 Validity of Instruments. Subject to the provisions of applicable law, any note, mortgage,
evidence of indebtedness, contract, conveyance or other instrument in writing and any assignment or
endorsement thereof executed or entered into between the Corporation and any other person, when
signed by the Chairperson or Vice Chairperson and the secretary or treasurer of the Corporation, shall
be valid and binding on the Corporation in the absence of actual knowledge on the part of the other
person that the signing officers had no authority to execute the same. Any such instruments may be
signed by any other person(s) and in such manner as from time to time shall be determined by the Board
and, unless so authorized by the Board, no officer, agent or employee shall have any power or authority
to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable for
any purpose or amount.
8.2 Construction and Definitions. Unless the context otherwise requires, the general provisions,
rules of construction, and definitions contained in the General Provisions of the California Nonprofit
Corporation Law and in the California Nonprofit Public Benefit Corporation Law shall govern the
construction of these By-Laws. Words in these By-Laws shall be read as the masculine or feminine
gender and as the singular or plural, as the context requires. The captions and headings in these By-
Laws are for convenience only and are not intended to limit or define the scope or effect of any
provision.
8.3 Authority to Vote Securities. The Chairperson or any other officer(s) authorized by the
Board are each authorized to vote, represent and exercise on behalf of the Corporation all rights incident
to any and all voting securities of any other corporation(s) standing in the name of this corporation. The
authority granted herein may be exercised either in person or by any person authorized to do so by
proxy or by power of attorney executed by the Chairperson or authorized officer.
February 16, 1993
[WPC F:\home\wpc\geraldy\CVI.BLl]
<8" ,,2/
By-Laws -- Chula Vista Informed
Page 9
8.4 Fiscal Year. The fiscal year of the Corporation shall begin July 1 and end June 30 of each
year, except the first fiscal year which shall run from the date of incorporation to June 30, 1993.
9. Dissolution
9.1 The Corporation shall not be voluntarily dissolved except by the affirmative vote of
two-thirds (2/3) of the directors. In the event of dissolution of the Corporation in any manner and for
any cause, after the payment or adequate provision for the payment of all of its debts and liabilities, all
of the remaining funds, assets and properties of the Corporation shall be paid or distributed to a
nonprofit fund, foundation, or corporation which is organized and operated exclusively for charitable
or educational purposes and which has established its tax-exempt status under Section 501(c)(3) of the
Internal Revenue Code.
10. Amendment of By-Laws
10.1 Any of these By-Laws may be amended or repealed, and new By-Laws may be adopted,
by vote or written consent of a majority of the members of the Board of Directors.
CERTIFICATE OF SECRETARY
I, the undersigned, certify that I am the presently designated and acting Secretary of Chula Vista
Informed, a California nonprofit corporation, and the above By-Laws, consisting of 10 pages, are the
By-Laws of this corporation as adopted at a meeting of the board of directors held on
_, 1993.
DATED:
SECRETARY
February 16, 1993
[wpc F:\home\wpe"'eralcly\CVI.BLI]
8"" ,;J. ;;...
By-Laws -- Chula Vista Informed
Page 10
COUNCIL AGENDA STATEMENT
Item
'7
Meeting Date
02/23/93
ITEM TITLE:
Resolution II"" ') Rejecting a Non-Responsive Bid,
Accepting Bid, and Awarding Contract for Body Armor
Director of Finance;;if
city Manager~ (4/5THS Vote: Yes___No
x
SUBMITTED BY:
REVIEWED BY:
Bids were received and opened on January 8, 1993 in the office of
the Purchasing Agent for furnishing body armor vests for use by
Police Officers. The contract will be for a one year period. It
is estimated that 90 vests will be purchased under this contract.
RECOMMENDATION:
That Council award the contract to Emergency Equipment Engineering.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
Bid proposal forms were mailed to five prospective vendors with two
responding as follows:
BIDDER
UNIT PRICE
Allstate Police Equipment
Newport Beach, CA
378.00
Emergency Equipment Engineering
San Diego, CA
The firm of Allstate Police Equipment submitted the low bid on the
body armor but after review of the bid, it was considered "non-
responsive". The bidder did not provide the following items
requested in the bid specifications:
389.55
1. Sample body armor for evaluation - specifications required a
sample to insure by visible inspection that the product bid
meets the requirements of design, vest fit, materials and
construction.
9'/
Page 2, Item
Meeting Date 02/23/93
Cf
2. Test reports certifying compliance with the National Institute
of Justice (N. I. J.) "Ballistic Resistance" of body armor -
N.I.J. conducts a certification program for body armor
intended for use by Law Enforcement Officers. Ballistic
panels have to be tested to insure that different caliber of
bullets will not penetrate the armor. Test results are then
sent to N.I.J. for certification. Test results are a must for
approval of product bid. No test reports were submitted by
Allstate.
3. Liability Insurance and Warranty requirements - Specifications
require a certificate of Insurance in the amount of $6,000,000
for product liability. This amount is common in the Law
Enforcement community. Allstate submitted no proof or
Certificate of Insurance.
4. Variations from specifications The specifications were
prepared incorporating the latest technology in the industry
of body armor. If the bidder was unable to meet any
requirement, a "variation from Bid" sheet was to be attached.
Allstate did not submit a sheet indicating how their product
was different from the bid specifications.
The bid of Emergency Equipment Engineering on the American Body
Armor Model 2000 protective armor is acceptable to the Police
Department. This body armor is presently being used by some
officers and has proven to be durable, comfortable and meets
specifications related to ballistic standards.
Each officer receiving the body armor will be individually measured
to insure custom fit. All alterations shall be made at
manufacturer's expense. The product will carry a five (5) year
warranty on ballistic panels.
FISCAL IMPACT:
Vests will be purchased as needed by the Officers. The contract is
to furnish a total of 90 vests which will result in a total
expenditure of $37,776 (including sales tax).
9'" .;..
RESOLUTION NO.
I~ 91')
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING A NON-RESPONSIVE BID
AND ACCEPTING BID AND AWARDING CONTRACT FOR
BODY ARMOR
WHEREAS, the following two bids were received and opened
at 3:00 p.m. on January 8, 1993 in the office of the purchasing
Agent for furnishing body armor vests for use by Police Officers:
BIDDER
UNIT PRICE
Allstate Police Equipment
Newport Beach, Ca.
Emergency Equipment Engineering
San Diego, Ca.
$378.00
$389.55
WHEREAS, the firm of Allstate Police Equipment submitted
the low bid on the body armor but after review of the bid, it was
considered "non-responsive" in that the bidder did not provide
items requested in the bid specifications; and
WHEREAS, the bid of Emergency Equipment Engineering of
the American Body Armor Model 2000 protective armor is responsive
and staff recommends awarding the bid to them.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby reject the bid of Allstate
Police Equipment as non-responsive and accepts the bid of and
awards the contract for body armor to Emergency Equipment
Engineering in the amount of up to $37,776 (including sales tax)
for the furnishing of up to 90 vests.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized and directed to execute said contract on behalf
of the City of Chula vista.
Presented by
Approved as to form by
Lyman Christopher, Director
of Finance
D. R~chard Rud
City Attorney
P,lbomclattomeylannor
9-J
COUNCIL AGENDA STATEMENT
ITEM I/J
ITEM TITLE:
Unemployment
Account.
MEETING DATE Februarv 23. 1993
Resolution 1t.11tending FY 1992-93 Budget, providing for an
Insurance Trust Fund appropriation to the Unemployment Insurance
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF PERSONNEL~'
CITY MANAGER fJ!
(4/5ths Vote: Yes~ No___)
The City pays for its unemployment insurance claims by reimbursement. Each
quarter, the Employment Development Department (E.D.D.) sends an itemized bill
of unemployment insurance benefits paid and the City, after verifying the bill,
reimburses E.D.D. In the past, the estimated annual amount was budgeted in the
Unemployment Insurance Account #100-0700-5234. It was agreed beginning back in
FY 1991-92 to not request the normal budget requirement but rather to appropriate
each quarter from the Unemployment Insurance Trust Fund. This agreement was
reached in an effort to hold the line in the Insurance Budget and utilize Trust
Fund monies specifically set aside to pay unemployment claims.
RECOMMENDATION: That Counci 1 adopt the resol uti on provi ding for an
appropriation of $16,643.00 from the Unemployment Insurance Trust Fund.
BOARD/COMMISSION RECOMMENDATION: NIA
DISCUSSION
During the budget hearings for FY 1992-93, it was agreed that staff would not
request a line item budget for unemployment insurance (Acct. #100-0700-5234) but
would rather request an appropriation from the Unemployment Insurance Trust Fund
each quarter when claims are due and payable. This is the same practice as in
FY 91-92. The Trust Fund has more than $400,000 in reserve, and the interest
earnings to the Fund partially offset the normal budget requirement. As in the
past, excess interest earnings continue to flow back to the General Fund.
FISCAL IMPACT: A total of $16,643.00 is to be appropriated from the
Unemployment Insurance Trust Fund to Unemployment Insurance Account #100-0700-
5234 for the quarter ended December 31, 1992. The sum appropriated to this
account will be expended by authorization and approval of the Finance Director.
A:\(A113)\UNEMPL.INS#7(2193)
//)"'/
RESOLUTION NO.
III "I'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1992-93 BUDGET,
PROVIDING FOR AN UNEMPLOYMENT INSURANCE TRUST
FUND APPROPRIATION TO THE UNEMPLOYMENT
INSURANCE ACCOUNT
WHEREAS, the City pays for its unemployment insurance
claims by reimbursing the Economic Development Department
("E.D.D.") for actual losses sustained; and,
WHEREAS, each quarter, the Employment Development
Department sends an itemized bill of unemployment insurance
benefits paid to the City, and the City, after verifying the bill,
reimburses E.D.D.; and,
WHEREAS, the budgeting practice was developed in FY 1991-
92 not to budget the historic requirement but rather to appropriate
each quarter from the Unemployment Insurance Trust Funds as the
actual amount of the claims became known in an effort to hold the
line in the Insurance Budget and utilize Trust Fund monies
specifically set aside to pay unemployment claims,
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby amend the FY 1992-93 Budget,
providing for an appropriation of $16,643.00 from the
unappropriated balance in the Unemployment Insurance Trust Fund to
Account #100-0700-5234 for the quarter ended December 31, 1992.
Presented by
Approved as to form by
~./~
Candy Boshell, Director of
Personnel
D. Richard Rudol ,
city Attorney
F,Ihome\attomcy\~1oy
Id"~
COUNCIL AGENDA STATEMENT
ltemJL
REVIEWED BY:
Meeting Date 2/23/93
Resolution I J, 9 , 9 Agreement between the City of Chula
Vista and Schmidt Desi~ Group to conduct turf audits
Director of Parks and Recreatio~
City Manage~ (4/5ths Vote: Yes_NolO
ITEM mLE:
SUBMITTED BY:
The South County Turf Water Management Program is sponsored by the San Diego County
Water Authority (CWA) and the Metropolitan Water District. The purpose of the program is to
evaluate large water consumers irrigation systems. The study will provide guidelines to the
agency to become more efficient in water management, thus reducing cost of water utilities.
RECOMMENDATION: Authorize the Mayor to enter into an agreement with Schmidt Design
Groups, Inc. to conduct turf audits at various City parks.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Schmidt Design Group, Inc. was selected by CWA to perform water audits for South County
agencies and heavy water users for landscape areas. The Schmidt design group has been
contracted for a two year period by County Water Authority to perform 60-70 water audits a year
to private landscape areas (minimum of 2 acres) and public agencies park irrigation systems.
Schmidt is currently auditing irrigation systems at various City of San Diego parks and large
business parks throughout the County. This Fiscal Year, the Department has designated the
following sites: Valle Lindo Park, Palomar Park, and Rienstra Sport Fields to have the irrigation
system analyzed and evaluated. Additional sites can be requested for auditing In 1993-94.
Attached is an agreement that must be authorized by the Agency prior to beginning the study.
FISCAL IMPACT: Audits will identify Inefficient irrigation systems that the Department can bring
forward for funding as future CIP projects.
WPC F:\HOME\PARKSREC\480.93
JI"'/
RESOLUTION NO. /'" '1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND SCHMIDT DESIGN GROUP
TO CONDUCT TURF AUDITS
WHEREAS, the South County Turf Water Management Program
is sponsored by the San Diego County Water Authority (CWA) and the
Metropolitan Water District; and
WHEREAS, the purpose of the program is to evaluate large
water consumers irrigation systems to provide guidelines to the
agency to become more efficient in water management, thus reducing
cost of water utilities; and
WHEREAS, Schmidt Design Group, Inc. was selected by CWA
to perform water audits for South County agencies; and
WHEREAS, the Department has designated the following
sites: Greg Rogers Park, Palomar Park, and Rienstra Sport Fields to
have the irrigation system analyzed and evaluated.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the agreement between
the City of Chula vista and Schmidt Design Group to conduct turf
audits, 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 e cute said
Agreement for and on behalf of the city of Chula vis a.
Jess Valenzuela, Director of
Parks and Recreation
Presented by
F: \home\attorney\480.93
/I....~
South County Large Turf Water Management Program
Cooperator Agreement
Facility name and location:
This agreement is between the Schmidt Design Group, Inc.; operating the South County
Large Turf Water Management Program sponsored by the San Diego County Water
Authority and its member agencies, and the Metropolitan Water District and:
Cooperator (property owner or owner's agent):
Address:
Phone:
Primary contact person:
Address:
Phone:
The cooperator named above is interested in reducing turf water use on his/her facility and
requests assistance in doing so from the South County Large Turf Water Management
Program.
This agreement provides the South County Large Turf Water Management Program's
irrigation specialists permission to be on the cooperator's property for the sole purpose of
conducting turf audits through the South County Large Turf Water Management Program.
The South County Large Turf Water Management Program will help to develop a
conservation plan and assist in carrying out the plan by providing such information and
technical or other assistance as may be available. The Cooperator, by signing this
agreement, acknowledges that the information provided by the South County Large Turf
Water Management Program is intended to be used as a guideline only. The cooperator must
continue ongoing and diligent maintenance to respond to changing site and weather
conditions.
The Schmidt Design Group, Inc., San Diego CountY Water Authority and its member
agencies, and Metropolitan Water District of Southern California shall not be liable for
damages to the owner's property resulting from the implementation of this plan. The
Schmidt Design Group, Inc. assumes no responsibility for the possible legal establishment
of any propertylboundary lines, water rights or for area estimates shown or used. The
Cooperator agrees to hold harmless, defend, and indemnify the Schmidt Design Group,
Inc., San Diego County Water Authority and its member agencies, and Metropolitan Water
District of Southern California and each member of their Boards of Directors and their
11.3
Cooperator's Agreement
Page 2
officers, agents, and employees from any and all liability and claims of any kind (including
attomey's fees and costs), arising out of or in connection with the work to be performed,
including but not limited to liability or claims resulting directly or indirectly from any act or
omission of the Schmidt Design Group, Inc. its employees or agents.
This agreement shall remain in effect until either party gives written notice to the contrary. It
shall become inoperative for any party who ceases to have legal interest in the subject land.
Records Release
The owner of the above turf facility allows the Schmidt Design Group, Inc. to obtain water
use records for this facility as part of the South County Large Turf Management Program.
It is agreed that these records will be treated in a confidential manner consistent with the
California Public Records Act, Government Code Section 6250 et. seq.
Owner's water agency:
Owner's customer account number:
AGREED AND ACCEPTED:
Cooperator/Owner's signature: Date:
The individual(s) executing this agreement represent and warrant that they have legal capacity
and authority to do so on behalf of their respective legal entities.
Name and title (please print):
Schmidt Design Group, Inc.
By:
Representative
Date:
/ /-J!
COUNCIL AGENDA STATEMENT
Item J ..1
Meeting Date mJ23/93
SUBMITfED BY:
Resolution J 7 'PA~roving an agreement between the City of Chula Vista and
Robert Mitchell & Associates for development of a Parks Implementation Plan (ClP-
PR-I64)
Director ~f Parks and Recreatioa
City Manage~ (4/5ths Vote: Yes _ No X)
ITEM TITIE:
REVIEWED BY:
During the FY 'J2/93 capital improvement project budget process, the City Council appropriated $75,000 in
Park Acquisition and Development (PAD) funds, to contract with a consultant for a Parks Implementation
Plan. In accordance with Objective One of the City's Park and Recreation Element of the General Plan,
a Parks Implementation Plan will serve as an update to the Park and Recreation Element of the General
Plan, and will address areas within the City's boundaries. Encompassed in the Plan, will be issues dealing
with:
1. Possible ways to decrease the City's park acreage deficiencies;
2. An analysis of ways to formulate a park equivalency factor; i.e., use of recreation structures,
or joint use of schools, as credit in the 3 acres/l,ooo residents standard, as a means to mitigate
the park deficiency;
3. Identification of potential acquisition sites for parks and facilities; and
4. A collaborative effort between the consultant and the staff to develop a twenty (20) year park
development plan for western Chula Vista.
This report discusses the consultant selection process and the scope of work for the Parks Implementation
Plan.
RECOMMENDATION: That the Council approve the Resolution and authorize the Mayor to execute said
Agreement with Robert Mitchell & Associates for preparation of a Parks Implementation Plan.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In October, 1992, the Department issued a Request for Proposal (RFP) to 100+ firms, in
order to obtain a qualified consultant to provide services to develop a Parks Implementation Plan for the
western area of Chula Vista. As part of the Parks Implementation Plan, the consultant would be required
to take into consideration, not only a Plan for the area west of I-80S, but will take into consideration the
existing City development plans east of I-80S. In addition, the RFP requested services to perform a Needs
Assessment Survey encompassing the entire city (including a cross-section of all age groups). The survey was
to include an analysis of demographic data, participation rates, and a demand-for-services evaluation.
(Pip)
1
/,J. ,/
Item /.2-
Meeting Date crl.fl3/93
Consultant Selection Process:
The procedures, as outlined in Council Policy #102-03 for the selection of the consultant, were utilized by
the Department to select the consultant for this project. Eight replies were received to the RFP. A City
Selection Committee, comprised of representatives from the City Manager's Office, Planning Department,
and the Parks and Recreation Department, evaluated the proposals and fees, and invited 3 firms to make
a presentation. The criteria the Selection Committee utilized was (1) experience in city-wide master park
planning; needs assessment surveys, joint use agreement, and identifying properties for acquisition; (2) the
appropriateness and thoroughness of the scope of work; the time schedule for the project, and ability to
adequately address the community's input; (3) the firms' technical and professional qualifications; and (4)
cost. The following are the results of the Selection Committee's analysis:
Rank FIRM PROPOSED FEE
1 Robert Mitchell $70,000
2 Elliott Group $68,190
3 KTU+A $67,795
At the conclusion, Robert Mitchell & Associates was deemed the most qualified firm. All of the proposals
were competitive relative to the fee; however, the other firms were not selected because they lacked city-wide
Parks Master Planning experience; they did not propose comprehensive citizen input during the needs
assessment process; or their scope of work was limited in relationship to the amount of funds available for
this project. Robert Mitchell & Associates, based in southern Orange County, offered a significant number
of advantages, making them the unanimous choice of the Selection Committee. Specifically, this team has
experience in city-wide park master planning (the City of Dana Point, the City of San Bernardino, and the
City of Irvine); their approach to utilizing an Ad Hoc Citizens Advisory Task Force to maximize community
participation; and their comprehensive scope of work offered to meet the criteria of the RFP. The resumes
of the firms associated with this contract are attached.
SCODe of Work:
The attached agreement for consultant services will include the scope of work as outlined in the RFP,
processed in two phases. Phase I will be the Needs Assessment, and Phase II will be the Implementation
Plan.
In Phase I - Needs Assessment - the consultant will review all of the City's plans and documents as pertains
to the contract, including the General Plan; the current park and recreation guidelines, services and
programs; any maps or sites to be studied; and take an inventory of the study area. Following this review,
the consultant will make two specific public outreach efforts: (1) a telephone survey to determine recreation
needs and preferences of the City's population, and (2) a public participation program with the general
public, the County of San Diego, the Chula Vista school districts, special interest groups, and homeowner
association representatives.
[~pJ
2
1.2"'~
Item I:;"
Meeting Date OOJ]3/93
The consultant will focus community involvement at two levels: (1) forming an Ad Hoc Citizens Advisory
Task Force, and (2) working with the community at-large at public workshops. It is envisioned that the Ad
Hoc Citizens Advisory Task Force will be comprised of approximately 15 members. The recruitment process
for the Task Force members will be media advertisement to the community-at-Iarge for interested applicants;
enlistment of members from representative groups such as members of the former CV21 and CV 2000
committees, the local school districts, and the Youth Sports Council, etc. Following the recruitment process,
selection of the Task Force members would be made by the Parks and Recreation Commission. Subsequent
to Council's consideration of the final draft of the Parks Implementation Plan, the Ad Hoc Citizens Advisory
Task Force would be disbanded.
Also, as part of Phase I, the consultant will perform a parks and recreation demand analysis; develop an
estimate of existing parks and recreation facility demand; develop a forecast of future parks and recreation
facility demands to the year 2012; and identify usable vacant land in the west side study area.
In Phase II - Implementation Plan - the consultant will synthesize all information gathered in this study into
a strategy for developing, renovating and improving City parks, facilities and programs; use the City's existing
goals and objectives to identify new goals and objectives resulting from the public participation program; and
recommend an implementation strategy for accomplishing same. Attached to this report is the consultant's
task organization outline for the scope of work.
The total contract cost of $70,000 includes $34,830 for data collection, analysis, reports and recommendations;
$9,300 for the needs assessment survey; $25,870 for CIP analysis, the ADA analysis, the work with the Ad
Hoc Citizen Advisory Task Force and the public workshops, and expenses.
The final fee is consistent with the amount proposed in the RFP. The Department recommends approval
of the City's two-party agreement for consultant services. After the draft Plan is presented to the City, and
it proceeds through the presentation process with the community, the Ad Hoc Citizen Advisory Task Force,
and the Parks and Recreation Commission, the Planning Commission, and the Montgomery Community
Planning Commission, etc., it is anticipated a proposed Parks Implementation Plan will be brought forward
to the City Council for consideration in August of 1993.
This consultant has not done business with the City of Chula Vista in the past.
FISCAL IMPACT: Sufficient funds are appropriated and available in the Parks Implementation Plan CIP
Project account, 600-6004-PR-I64, to pay for these services.
Attachments - Task Organization Outline NOT SC~ED
Resume of Consultants NOT SCANNED
Agreement
Disclosure Statement NOT SCANN~J)
[~pl
3
J~-:J / I),. f
RESOLUTION NO. / ?(lllt?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND ROBERT MITCHELL &
ASSOCIATES FOR DEVELOPMENT OF A PARKS
IMPLEMENTATION PLAN (CIP-PR-164), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, during the FY 92/93 capital improvement project
budget process, the City Council appropriated $75,000 in Park
Acquisition and Development (PAD) funds, to contract with a
consultant for a Parks Implementation Plan; and
WHEREAS, in accordance with objective One of the City's
Park and Recreation Element of the General Plan, a Parks
Implementation Plan will serve as an update to the Park and
Recreation Element of the General Plan, and will address areas
within the City's boundaries; and
WHEREAS, in October, 1992, the
Request for Proposal (RFP) to 100+ firms,
qualified consultant to provide services
Implementation Plan for the western area of
Department
in order to
to develop
Chula Vista;
issued a
obtain a
a Parks
and
WHEREAS, in addition, the RFP requested services to
perform a Needs Assessment survey encompassing the entire city
(including a cross-section of all age groups) which was to include
an analysis of demographic data, participation rates, and a demand-
for-services evaluation; and
WHEREAS, the procedures required by Chula vista Municipal
Code Sections 2.56.020 et seq. for the selection of the consultant,
were followed by the Department to select the consultant for this
project; and
WHEREAS, at the conclusion, Robert Mitchell & Associates
was deemed the most desirable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve an agreement between
the city of Chula vista and Robert Mitchell & Associates for
development of a Parks Implementation Plan (CIP-PR-164), 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 of Chula vista.
Presented by
Approved as to form by
J-J
D. ichard Rudo
City Attorney
/~-:> / II. -/5
Jess Valenzuela, Director of
Parks and Recreation
F:\bome\attomey\pip
TASK ORGANIZATION
PHASE I
Needs Assessment
Review
Existing Data
Study Area
Inventory
Demand Analysis
(Public Input)
Deficiency
Assessment
Existing Parks
Analysis
Vacant Lands
Analysis
Parks and
Recreation Standards
Goals, Objectives
and Policies
Park Renovation,
Improvement and
Expansion
PHASE II
Parks Implementation Plan
IMPLEMENTATION
PLAN
Action Goals
and
Policies
Services
and
Programs
Capital
Improvements Program
Plan
Americans with
Disabilities Act
Guidelines
/,;2... ?
.
Telephone
Survey
Publie
Workshop
#1
Questionnaire
Public
Workshop
#2
Questionnaire
-~-_._--_._--,,--_._-_....,,-_._-----
PUBLIC PARTICIPATION
/,J.- rr
Working
Meeting
#1 .
Working
Meeting
#2
Working
Meeting
#3
Working
Meeting
#4
~
QUALIFICATIONS
KEY PERSONNEL
In respect for brevity and relevancy to the subject project, only the key personnel who wiIl be working on the project are
included below.
PROJECT TEAM
(Statement of Professional Experience and References)
PLANNING AND DESIGN SOLUTIONS, The Firm
Planning and Design Solutions (PDS) wiIl be lead consultant, land planners and recreational planners on this project. They
wiIl coordinate the efforts of all the consultants and with the City Parks and Recreation Department and its representatives.
PDS is lead consultants and coordinates multiple sub-consultants on nearly all their projects, and has the capabilities to
efficiently keep everyone informed and on schedule.
PDS has a sub-specialty in Parks and Recreation Master Planning. AJ; individuals and as a firm we have prepared scores of
such master plans. Most recently we completed a Comprehensive Parks, Recreation and Open Space Master Plan for the City
of San Bernardino; a Twenty Year Recreation Master Plan Update and Expansion for the Capistrano Bay Park and Recreation
District; and Park and Recreation Needs AJ;sessment for the Cities of Brea, FuIlerton and Placentia.
Planning and Design Solutions offers three distinct and interrelated disciplines including Planning, Design and Environmental
Services. The Planninl! Services Division, in addition to Park and Recreation Planning, specializes in implementation packages
for large planned communities (specific plans, etc.) particularly recreation\golf course communities and resorts for the private
sector; design guidelines and general plans for the public sector; and in strategy planning and processing on large planned
communities. The Desil!n Division offers physical planning services, ranging from conceptual land use analyses to detailed
site plans, park plans, as weIl as complex design assignments involving master planned communities. The Environmental
Services Division provides a variety of envi~'nmental review and documentation services including the preparation of initial
studies, environmental impacts reports, opportunities and constraints analyses, resource management and mitigation monitoring
programs. We also offer community involvement and presentation services and coordinate with specialists in architecture,
landscape architecture, engineering, marketing and financing to develop functional and comprehensive strategies for community
development.
Key Project Personnel
Robert A. Lacoss is president of Planning and Design
Solutions. Mr Lacoss holds a degree in Landscape
Architecture from the University of Oregon and has over
23 years of experience as an park and recreation
planner, land planner and landscape architect. Mr
LaCoss has received awards from the American Planning
AJ;sociation (AP A) for his planning work, the Pacific
Coast Builders Conference (pcBC) for his community
planning work and the American Society of Landscape
Architects (ASLA) for his park and recreation work.
Before co-founding Planning and Design Solutions, Mr.
Lacoss was Director of Community Planning at the
Planning Center. Prior to that, he had his own planning
and design firm, Lacoss & AJ;sociates, which evolved
from Ruff, Cameron, Lacoss & Associates, both located
in Eugene, Oregon. Mr. Lacoss lectured in the
Department of Landscape Architecture at the University
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of Oregon for two years. Mr. Lacoss has personally
designed over 20 large parks, dozens of schools and a
college campus. His work includes the award winning
Willamalane Parks and Recreation District
Comprehensive Plan; analysis and redesign of Lithia
Park in Ashland, Oregon, part of the Shakespearian
Theator complex and the most visited park in Oregon;
and the Dorris Ranch Living History Park in
Springfield, OR, for which he also received an ASLA
Award. Mr Lacoss will act as project Idirector manager
responsible for overall work quality and deliverables.
Marie Luna is Director of Planning Services for
Planing and Design Solutions and will serve as Project
Manager for the Chula Fista Western Area Park
Implementation Plan. Ms. Luna, a former Senior
Planner and Parks Planner for the City of Irvine, has
extensive experience in conducting public participation
programs, analyzing park proposals, and developing
joint-use opportunities which have been successful at
achieving quality recreational facilities with limited
resources. Her work includes the award winning
Heritage Park Accessible Playground, Open Space
Master Plan for the Abandoned Nortbwood Railroad
Right-of-Way; Coordination and Preparation of the City
ofIrvine Com unity Parks Master Plan; and Coordination
and Preparation of the Windrow Community Park Ioint
Use Agreement between the City of Irvine and Irvine
Unified School District. In addition to her work as a
parks planner, Ms. Luna has prepared numerous land
use 'tudies, specific plans, general plans, zoning
ordinances and design guidelines. Her experience
includes over 13 years of professional planning
experience in both the public and private sectors.
The Research Network. The Firm
The Research Network Ltd. is particularly well qualified to assist in preparing this recreational needs survey. Their skills and
abilities offer the following important characteristics: .
Obiectivity and Indeoendence -- Their approach to projects is based on objectivity, rigor, discipline and accuracy -- factors
which result in sound and credible analysis and actionable results.
Demonstrated Exnerience -- Team members assigned to this project are the principals of each consultant organization;
professionals with proven expertise in designing, implementing, and analyzing consumer needs assessments as well as broader
community resource planning.
Locallv Based Soecialists -- The individuals who will have day-to-day responsibility for the project are based in Orange County,
available on short-term notice and familiar with the types of development and employment present locally.
In addition, The Research Network Ltd. has specific experience in:
Public Client Needs -- Working with elected and appointed officials, client staff, other governmental jurisdictions, community
interest groups and others in the presentation, review and explanation of survey research design, implementation, and analysis.
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Ouality Survev Research -- Designing, implementing, and analyzing consumer research aimed at estimating
recreationaIlcommunity facilities patterns, preferences, attitudes and needs.
Assessment of Need- Determination of the prevalence or incidence of need among the population through a variety of
information gathering strategies and/or devices. Identification and comparative analysis of available resources in terms of need
including an evaluation of the quality of the resources.
The Research Network Ltd., headquartered in Laguna Hills, California, is a nationally-recognized independent marketing
research firm specializing in the implementation of primary survey research as a foundation for market demand analyses. The
firm's business is comprised of three primary client bases. The first two client bases are served by The Research Network
Ltd. while the third is served under a subsidiary organization, School Planning Services.
The Research Network Ltd. base of clients include those public and private interests with needs for real estate development
market feasibility analyses as well as a second base of clients who represent diverse industries that rely upon The Research
Network Ltd. as a consumer research organization.
School Planning Services, as a subsidiary of The Research Network Ltd., exclusively serves the interests of California school
districts with needs for enrollment forecasting, facility needs forecasts, long-range facility master plans, surplus site analyses,
and developer fee implementation studies.
As independent consulting firms, The Research Network Ltd. and School Planning Services serve the interests of their clients
solely through the recommendations provided which are based upon thoroughly compiled and presented primary and secondary
research techniques.
The professional background of our staff includes land development and community resource planning, consumer survey
researcb, marketing, fiscal analysis, economics, and forecasting. Clients receive the attention of the firm's management and
experienced professionals to ensure that we provide you with accurate data upon wbich you can make your decisions.
Key Project Personnel
Pamela S. Wooldridge brings to Th' Researcb Network
broad experience in the consumer research, real estate
feasibility and marketing fields. Sbe possesses a variety
of specialized skills not the least of whicb is the design
and implementation of consumer research aimed at
solving specific land use objectives.
As Marketing Researcb Manager of The Irvine
Company, Mrs. Wooldridge designed and implemented
consumer research programs on behalf of the
Community Development Division of The Irvine
Company as well as Irvine Pacific, an Orange County
bO!De builder for a period of eight years. These
programs included survey researcb among the resident
population on the Irvine properties, among bome
shoppers as they visited new bome model complexes,
among new home buyers after move-in as well as
compilation of research among apartment tenants. These
programs were designed to support the land planning
and product marketing efforts of all Irvine Company
division Marketing Directors.
During the last decade as a Principal of The Research
Network, Mrs. Wooldridge has continued to conduct
consumer research programs on behalf of the real estate
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development community. These same skills have been
found to be in demand among both non-developer (the
public sector) as weU as noli-real estate clients as well.
In particular, Mrs. Wooldridge has developed and
implemented resident needs assessments for such
services as child care, education and recreation
throughout Southern California. Such needs assessments
take advantage of her background in demographic
analysis, land development, as weU as consumer
research to provide intuitive and actionable results for
many public and private sector clients.
Matthew Disston has an extensive background in
economic consulting for a broad spectrum of national
and international clients. He brings to The Research
Network Ltd. a number of important skiUs, particularly
analytical abilities in the performance of private sector
market feasibility studies related to commercial office,
retail, and hotel development. His experience includes
a breadth of experience in industrial, wholesale and
retail consumer studies.
Previous to his association with The Research Network
Ltd., Mr. Disston's professional experience included
projects throughout the United States, Canada, Mexico
and South America. Since joining the firm, he has
continued work in the U.S. and Brazil.
Disston's project specific experience in consumer
research includes projections of demand from designers
for floor coverings; measurement of satisfaction levels
for office tenants of AOMl executive suites; assessment
of viewer awareness and attitudes for Community
Cablevision; user attitudes toward several Basic Four
computer systems and projection of market demand for
several industrial products including jacketed valves for
the liquid, gas and air handling industry, and analysis of
market potentials for permanent architectural fabric.
Mr. Disston has also completed project work for li-
censes of cellular telephone networks; manufacturers of
computer software and executed advertising awareness
and effectiveness analyses, tested consumer preferences
for Isuzu Motors and MatteI Toys.
Mr. Disston is a principal with The Research Network
Ltd. He has served as a seminar speaker and guest
lecturer for the University of California, Irvine.
Brenda Curtis has, since the 19705, worked in the area
. of research , marketing, and management primarily in the
real estate development field, in addition to functioning
as a consultant for attorneys and school districts. Her
extensive research experience includes the design and
implementation of a variety of studies, ranging from
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residential and commercial feasibility analyses to
consumer attitude surveys, with an emphasis on creative,
cost-effective solutions to unique marketing questions.
She is the current president of the Building Industry
Research Council in Orange County.
With her background in real estate development, Ms.
Curtis has been both a supplier and client of research
services; consequently, she brings a practical
understanding of development dynamics to the issues
confronting school districts, combined with a knowledge
of how to access and interpret relevant data. With
respect to school districts, she has functioned as the lead
consultant in facilities master plans, fee justification
studies, and enrollment projections, developing a
reputation for quality research Combined with a concern
for the needs of her clients. Ms. Curtis regularly
attends and participates in facilities-related conferences,
meetings, and classes in order to stay abreast of the
dynamic status of facility issues in the educational
community.
ROBERT MITCHELL & ASSOCIATES, The Firm
From feasibility studies to landscape maintenance programs, Robert Mitchell & Associates has provided a full range of
landscape architectural services to hundreds of projects in Southern and Northern California. Tbe firm offers a balance
1;letween technical expertise and aesthetics resulting in comprehensively addressed successful projects.
The team approach is emphasized in all activities within the office among the development teams, while closely coordinating
project efforts with our client, to produce the very best desired solution.
Robert Mitchell & Associates has a deep seated commitment to providing our clients with the best landscape architectural
services available _ second to none. Our clients receive our full devotion to their project needs in a professional manner which
addresses design excellence, project schedule requirements, budget targets and technical proficiency. With the execution of
these values, our goal is to establish and retain an on going working relationship with our clients and that they come to the
determination that they have hired the best.
For more than twenty years, we have assisted in the development of a wide range of project types in a variety of geographical
locations with a great diversity of scope. Within this time, Robert Mitchell & Associates has received numerous awards and
recognition for excellence within our field of expertise.
Key Project Personnel
Robert Mitchell has worked for landscape architectural
firms since 1970 and has been a practicing Landscape
Architect since 1973. With over 22 years of
uninterrupted work within the profession has come a
wealth of varied experience with direct and final
responsibility on over 700 projects. These include tens
of thousands of all housing types, forms and designs
along with a diversity parks and recreational facilities,
commercial projects ranging from AMI Medical
Centers, to commercial - industrial centers to large scale
retail centers such as the Mission Viejo Mall, and even
a Hindu Temple in Malibu, California. In 1981, Robert
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MitcheJ\ &. Associates was- founded with the goals to
serve the landscape architectural needs of housing,
commercial, industrial and retail complexes as weJ\ as
public works projects such as parks and recreation
centers. Robert MitcheJ\ has established a reputation for
quality of product and design second to none within the
profession both from a design and technical aspect and
has become one of the leading firms in Orange County.
Through these years, an extremely high rate of
repetition and retention of client base indicated his
dedication to meeting today's ever more demanding
standards in ever increasing areas of expertise.
Dan Wilson joined Robert MitcheJ\ &. Associates in
1989 bringing to the firm over 20 years of experience
which reflects 10 years within government agencies as
a landscape architect and coordinator of an array of park
sites, master plans and production of construction
documentation. Most note-worthy is his direct
involvement and responsibilities for the development of
the National Trails System in Austin, Texas which was
a cooperative development with the city and the Bureau
of Outdoor Recreation. Additionally he worked for the
City of Chicago and served as a Park Planner in the
urban development of recreation facilities in Chicago.
His main areas of responsibility in Dallas were as Senior
Landscape Architect for the city in the development and
improvement programs for parks and he worked closely
with the Historical Society of Dallas "Old City Park".
Bob McHenry has been involved in landscape
architecture,construction, and irrigation design for over
IS years. Eight years of employment with a
designlbuild firm includes responsibility for the design
and construction of award winning residential,
condominium, and commercial landscape and irrigation
projects. Recent responsibilities with landscape
architecture firms encompass projects valued to thirty
million dollars in landscape construction costs. Bob is
experienced in preparing plans and specifications in the
Standard Specifications for Public Works Specifications
(the "Green Book") Construction format: and, at the
request of the city, performed daily inspections of
construction of improvements he designed for two
municipal parks, with a construction value in excess of
$700,000. Bob has also worked with Navy Public
Works, GSA, CALTRANS, water districts, and other
municipal entities on a variety of landscape and
irrigation design projects.
Carol MacDonald has been practicing landscape
architecture on the West Coast for over 2S years - the
last 10 with Robert MitcheJ\ &. Associates. Previous to
this she was associated with several weJ\ known
landscape architectural and planning firms in the states
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of Washington and Oregolt; A project for which she
had major responsibility was Minto-Brown Regional
Parle, encompassing 833 acres on the WilIamette River
in Salem, Oregon. This involved historical research,
site and use analyses, master planning and formulating
an implementation and phasing program, as well as
interfacing with all the appropriate government agencies
and community interest groups. Additionally, she
provided research, graphics and written text for a study
addressing expansion alternatives for the Capitol Mall in
Salem, Oregon, and has had the opportunity to write
numerous environmental impact reports. Her landscape
architectural experience in California has consisted
primarily of design development and worlcing drawings
for projects of all types and sizes.
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Agreement between
City of Chula Vista
and
Robert Mitchell & Associates
for Landscape Architecture, Land Use and Research/Survey Services
This agreement ("Agreement"), dated February 16, 1993 for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, the City desires to have consultant services for the preparation of a Parks Implementation
Plan; and,
Whereas, Robert Mitchell & Associates was selected by a selection committee to be the best
qualified; 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
Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement.
The General Duties and the work and deliverables required in the Scope of Work and Schedule shall
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February 10, 1993
Standard Form Two Party Agreement
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be herein referred to as the "Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"), and
upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant
shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph 11 (C), unless a separate fIXed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform 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.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of which
are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet
with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, 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").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
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February 10, 1993
Standard Form Two Party Agreement
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G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Performance Bond.
In the event that Exhibit A, at Paragraph 9, indicates the need for Consultant to provide a
Performance Bond, which indication shall be made by checking the parenthetical space adjacent to
the term, "Performance Bond", then Consultant shall provide to the City a performance bond by a
surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent
to the term, "Performance Bond", in said Paragraph 9, Exhibit A
2 Duties of the City
A Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement. The City shall permit access to its office facilities, files and records
by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City periodicly
as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day
of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11
adjacent to the governing compensation relationship indicated by a "checkmark" next to the
appropriate arrangement, and shall compensate Consultant for out of pocket expenses as provided
in Exhibit A, Paragraph 12.
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Standard Form Two Party Agreement
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All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to
be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to colJlpensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or
if none are specified, then as determined by the City Attorney.
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Standard Form Two Party Agreement
Page 4
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B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
'-epresents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate family
members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest,
directly or indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement,
or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
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February 10, 1993
Standard Form Two Party Agreement
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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, except
with the written permission of City.
7. Hold Harmless
Consultant shall indemnify and hold harmless the 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 acts, errors or omissions of the Consultant, or
of its agents or employees, subcontractors, in connection with the execution of the work covered by
this Agreement, except only for those claims arising from the negligent acts or willful conduct of the
City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses,
attorneys' fet"-s and liability incurred by the City, its officers, agents, or employees in defending against
such claims.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's 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 payahle hereunder, and less any damages caused City by Consultant's breach.
9. Erron. and Omissions
In the event it is determined that the Consultants' negligent acts, errors, or omissions in the
performance of services under this Agreement has resulted in expense to City greater than would
have resulted if there were no such negligent acts, errors, or omissions, Consultant shall reimburse
City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights
under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by 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. 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.
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11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City, which City may not unreasonably deny. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph
17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
AIl 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 (except 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.
13. 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, worker's compensation benefits, injury leave or other leave
benefits.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a ciaim has first been presented in writing and filed with the City and acted upon by the City 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.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, 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.
pip2pty
February 10, 1993
Standard Form Two Party Agreement
Page 7
I~ ..:;~
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, 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.
17. Miscellaneous
A Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. 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 herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
E. 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, and that
aU resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
pip2pty
February 10, 1993
Standard Form Two Party Agreement
Page 8
JeJ',2J
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.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
Dated:
,19_
City of Chula Vista
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Dated:
Robert Mitchell & Associates
By:
Robert A Mitchell, President
Exhibit List to Agreement
( X) Exhibit A
( ) Exhibit B.
pip2pty
February 10, 1993
Standard Form Two Party Agreement
Page 9
),;;..,,2 r
Exhibit A
to
Agreement between
City of Chula Vista
and
Robert Mitchell & Associates
1.
Effective Date of Agreement:
March 1, 1993
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State
of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
3.
Place of Business for City:
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA
91910
4. Consultant: Robert Mitchell & Associates
22982 EI Toro Rd.
Lake Forest, CA 92630
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Lake Forest, California 92630
Phone (714) 581-2112
Fax Phone (714) 581-5809
7.
General Duties:
The general duties of the consultant are to prepare a Parks
Implementation Plan. The consultant will use planning, design, and
environmental experience skills and technology to gather data and
perform research to utilize in the formulation of the Plan. The
consultant will perform a needs assessment procedure, study and
survey to ascertain the the demand for parks and recreation services
in the City of Chula Vista. In determining the demand level, the
consultant will involve various facets of community input and render
PIP-A1.wp
February 10, 1993
/.2 ,if
Page 1
a forecast for such demand to the year 2012. The consultant will
synthesize all information gathered in the study into a strategy for
developing, renovating and improving City parks, facilities and
programs; such strategy being identified in the Parks Implementation
Plan.
8. Scope of Work and Schedule:
A Detailed Scope of Work:
Phase I - Needs Assessment
Inventory
Data Collection and Review; includes review of existing data; General
Plan; current parks and recreation guidelines, services and programs
Analysis
Demand Analysis and Public Input; includes advisory meeting
Existing Park and Facility Analysis
Deficiency Assessment; includes existing supply/demand analysis of
parks and recreation facilities; staff review meeting
Vacant Land Analysis and Inventory; staff review meeting
Recommendations
Parks and Recreation Standards; advisory meeting
Goals, Objectives and Policies
Park Renovation, Improvement and Expansion; staff review meeting;
Advisory Committee meeting
Needs Assessment Report
Phase IT - Implementation Plan
Action Goals and Policies; includes development)f renovation and
improvement strategy; two public workshops
Services and Programs; includes existing parks and facilities; western area park
implementation plan; implementation strategy; Advisory Committee
meeting
Capital Improvements Program Plan
Parks and Recreations Facility Prioritization Recommendations
Americans with Disabilities Act Guidelines; includes existing facilities summary
and cost estimates
Public Hearings
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:'
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
June 15, 1993 - Draft Plan for staff review and comment
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February 10, 1993
Page 2
/.2 ,';'v
Deliverable No.2:
August 1, 1993 - Revised Draft Plan following review by the
City's designated Commissions and the public
Deliverable No.3:
October 1, 1993 - Final corrected and revised Parks
Implementation Plan 30 days following City Council approval
D.
Date for completion of all Consultant services:
October 1, 1993
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
( ) Performance Bond, $ (insert amount)
10. Materials Required to be Supplied by City to Consultant:
Access to City data such as:
City's General Plan
City's Demographic Information
Existing maps and plans for City's Eastern Territory development
Facilities necessary to hold public meetings and meetings with affected Commissions
Existing current aerial photos and zoning maps to determine an inventory of vacant
land within study area
City's Municipal Code and any applicable existing laws and ordinances
City's existing approved Capital Improvement Project information
11. Compensation:
(X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fIXed fee associated with each phase of Services, in the
amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence
Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall
have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
I. Needs Assessment
Kick-Off Meeting
Review of Existing Data
Pre-Inventory Review Meeting
$ 2,310
3,560
1,200
PIP-A1.wp
February 10, 1993
Page 3
).,2-,2 ?
Study Area Inventory
Telephone Survey
Parks and Recreation Demand Analysis
Advisory Meeting .
Existing Park and Facility Analysis
Existing Supply/Demand Analysis
Needs/Demand to Existing Resources Comparison
Staff Review Meeting
Inventory and Analysis of Vacant Land
Staff Review Meeting
Parks and Recreation Standards
Advisory Meeting
Goals, Objectives and Policies
Park Renovation, Improvement and Expansion
Staff Review Meeting
Advisory Committee Meeting
Needs Assessment Report
Sub-Total
II. Implementation Plan
8,250
9,300
5,000
1,600
2,875
1,100
625
1,500
1,840
1,365
1,350
1,600
1,600
1,400
750
1,600
1,000
$49,825
Development, Renov. and Improvement Strategy 1,000
Goals and Policies 1,500
Two Public Workshops 3,700
Existing Parks and Facilities 1,000
Western Area Park Implementation Plan 1,630
Implementation Strategy 1,000
Advisory Committee Meeting 1,600
Capital Improvements Program pran 1,600
Prioritization - 600
ADA - Existing Facilities Summary 900
Cost Estimates 300
Public Hearings 3,650
Sub-Total
Expenses
Total for Contract
$18,480
1,695
$70,000
This contract is subject to a 10% retention of $7,000, which will be withheld until the final corrected
and approved Parks Implementation Plan is submitted to the City of Chula Vista 30 days following
the City Council approval of the Plan.
PIP-A1.wp
February 10, 1993
1.2'.l Y
Page 4
The hourly rate schedule for the consultants is set at:
Robert Mitchell & Associates:
Principal
Project Manager/Coordinator
Graphics & Draftsperson
Professional Staff
$85
$ 65
$ 55
$ 35
Planning and Design Solutions
Principal
Senior Planner/Project Manager
Planner
Graphics Artist
Support Staff
$125
$ 75 - $ 85
$60 - $75
$ 50
$ 30
The Research Network, Ltd.
Principal
Associates
Research Assistants
Clerical
$100
$ 65
$ 45
$ 25
12. Materials Reimbursement Arrangement
For the cost of out-of-pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
13. Contract Administrators:
City:
Jess Valenzuela, Director of Parks and Recreation
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5071
PIP-A1.wp
February 10, 1993
Page 5
/.2'.2'
Consultant: Mr. Robert A Mitchell
Robert Mitchell & Associates
22982 EI Toro Road
Lake Forest, CA 92630
(714) 581-2112
14. Liquidated Damages Rate: $_ per day. N/A
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
() Category No.4. Investments in business entities and sources of income which
engage in land development, construction or the acquisition or sale of real
property.
() Category No.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the City of Chula
Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
() Category No.6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
() Category No.7. Business positions.
() List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16. () Consultant is Real Estate Broker and/or Salesman
PIP-A1.wp
February 10, 1993
Page 6
/.2....:10
17. Permitted Subconsultants:
The Research Network, Ltd.
Suite 150
23161 Millcreek
Laguna Hills, CA 92653
Planning and Design Solutions - West
22982 EI Toro Road
Lake Forest, CA 92630
(714) 581-2447
18. Bill Processing:
A Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for Submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: First Friday of the Month
C. City's Account Number: 6OO-60Q4-PR-I64
PIP-A1.wp
February 10, 1993
1.2 ...J I
Page 7
,
nm C%IY OP annA VIIT....>>]IQ.OIUIlB In"A'l'JIMIDtI'
yO' ... ....... .. ... · ......... " -... .. ...... - · ....... - ...-.. " -.....
__" ....-_ ..,....._....... ......oI...CI.""""'-O'-~........
IlU otIlll1' a!BcIIl ~ no fo\klIWlDc iIIflll'lPtlOlllDlI&t'" dllCWl<:I:
1. Ust I1w ....- of all peflallS hav\llla lIIandal IJIt&rdt \D the propertJ wbldl " dI~ ,Ilbjett of tIIa 'n\lcat1oll or 1M
CDDvac:t. .... _~r, .pp\1C&ll1, ClOIltradot.llIlI_tra$r, 1118t<<\l1 ,lIpp\lef.
N/A
%. 1f any person" ldan\llle4 p\lll\lllllt to (1) allOvt II . eDIPOr.tIOD or partnenblp,1I5t the lI&IllII o( all tudMduall awalD&
motc diaD 1~ o( tbe,bar- \It tile CDlpol*UOD or CIWIliIl& all)' paRPflhiP trItertll trI till paruwrahlp.
NIt.
-
!. U allY pcraou" Idmlt1tled pIIdUllut to (l) ab~ IS 1I000-prallt orpDlralloll or a U'UII, \lat the ..met of any pcIIOlI
seMBI" IIlrcetor or the DOlI.profil orpall&tIOn or II U1litllll or "cn~adary or It1lltot of tp U1lit.
N/A
4. Haw you bl4 more mill $2.50 worth of bulll- tra\151C114 with allY lD~mber o( the CitY ltaft. BoardS, QnIlIIIIISlDU.
eommltt-. and eoulId1 w1tl\lJl the put lMM lIIOlltb5? 'YCS_ NOZ-I! yt6. pteUe Ind\Qtc penott(I): -
5. PlAM \4enl~ eaell and owry p.noll, lllC\udlDlany aptl. emplayetli. l:lllllUIUlDtI. Of IDdspal4enl QlIItpl:IDfI who
you have uslllled 10 tqI1CK1l1 )'I'll be(ore m. Qty \II thIa mltter.
Bob La.coSS
Pam 1oTooldridge
Rob MitcbeU
MaTie Luna
!lob McHenry
6. Have )'OlIlfIdtof )'I'ut omcera or apllll. la the ..,\Il. l:llllttlbule4 more tball Sl,(l1lO to · C"Au1''''-~ la me
lIII",lIt or pu:r,llftl el~lon perIo4' YII_ NO_ 11~, ,tate wJIieh Couac:l1ftletll'ba(I): -
Ma.tt DiSton
Data:
. . . (N01B: A1Id IddltloDll~. .'('{J - -;-:..,
,.bN'" 10. ,," . Llli".M.
lJlIlI'tU. of CDDlffI:IO';;rHr-t
Robexx A. Mitehell
'rillt or l1JIIllll!De of llDtltradDr/llppllClUlt
. -.- .....-'""--~". ........_-."-...-~.,--_....
NII..14 "'Il'.... -"'lI ci1.... cNIIr)', ~ ........dtdlll)l."." .,.... ~ ~ lit "'Il' tII1III ""'" or "",*,"""" ....,.. , .......
;00/l:001l'1 :lOSSY 11:m:lJ.IK 1I ~., ~ 6088 lQ8 tUQ. n:n Ol/;O C6.
)~ ~....
,
'11m an OP arou. VllTADJSCU)SUIlB ITA'l'DIB'tl'
"lOll art lIquJred to ftIG a Sta,..nl of l>iIdOl~ of IICnIlD llWIIDIIblp or lbIuCIal Ul~, paymellll, Of -paIP
collulbUlIonl,OIl aIllllllttcn whldl. will requu. dlscMloll8ry acdoD. 011 tile pan of tile City CDaIlcll, P\aIIIlIIII ee........."'.. ad
aU ollie al!cIal \lOClI& na. foUoWiDC iIIfll_lIol1 mllSt - dllclol.~:
1. IJsl th, lIUI- of ,11 penollS havlq . lII.nelll 1lIt&lISt In 1bt prape~ 'llblc.h \I die lubje!a of lIIa appU\::ldioll or lIIe
CDlltrKt. ...' _er, app1lcallt, _1ftdOf. lullCOllU'ICtDr, maudal IUPPUer.
N/A
-
1. If lilY perlOIl" identified punlllllt to (1) above It, CDIPOratloll or partlletlbip,1I&t tI\e lWllCI ofallllldMdllllt awDlIll
1IIOl'I dlall 1~ of tba lbarelln tllD CDIJlOIIUOIl or 0WIliIl& any partll&flhip Ulterelt In tha panurthlp.
N/A
s. U allY petIOli" IdeDtUlcd p1Ir1l11l1t r.o (1) ,b~ 15 lIoll.prollt orpDlllltloll or a trill!, list tilt ..met of any pcnolI
"MIll .. dlrCelor of the lI01l.prolit orpDlrAtIDII or II trIlItcO or blllCllc:llry Of tf1lltOf of tha tnIIL
N/A
4. Ha.... you ba4 more than S2S0 wortll ofbllSlIulli uall58Cle4 with lilY member of tile City ltaft. Boardl. o-",'uln1lJ.
Colll!DlttNl. 1114 Council w1t\Wl the putlMlve llIOn1b5? YCIl_ NOJ- ~ yc6. pleI6e indIcate peIIOlI(I):
5. PlIUe 14111tIrj elm alld e\lary pWSOII, tDdudlllla1l)' aptl. emplD)'IlI'. CClIllUIUlIIII, or IDdllpeDdelll CUIItRI:lDfI who
)'011 have IS$llIIed to ropraent)'Oll bct'ora tilt at)' III tbIa m.t~.
Bob Lacoss
Pam 'Wooldridge
Rob Mitchell
Marie Luna
Ma1:1: Ditton
:Bob McHenry
6. Hawt )'Ou atld/Or )'OlIr omcen or aplIlI. In tII. IIP"!"', CDlltdIluted mora tbaD 51,000 to · QlIIIlCiIJDeIIIber In lilt
ourrallt Dr pre -"~lIg alaetloll parlod? Y__ NO_ 1!)'II. .tate wJIic:Il Co1IDCI1mem'bcr('):
Data:
February 10.
. . · (NmB: A1lIdIll5dItIODal~. . i':', \I. l l'\
1993 . ~.OO .
'lp.tlll9 of COD",,*,I;~-t
Rober1: A. M11:chell
Print or t)'pIllItlIt of CCllltflKlDr/app\lcOt
. .,,*fI*4. 'b1~.......~jaiIII""'" -. . . v.,...,.w.,............""'"""'1'........ ..........-,~
tAlI... -'11'.... -"'lI ci7"" 0lIIIM)\ ~ _"...,. bI<I. or o1Ivr ~ ~ ",., t1/1W pit '" ............ ...,., · 1M'
zoo/ZOOIl'i :lOSSY 113H:>J.lK H ~7 ~ e09~ 19~ tlLA lC:tl OliZO ce.
1.2. ...,'"
COUNCIL AGENDA STATEMENT
Item I j
Meeting Date 2/23/93
ITEM TITLE:
a)
Resolution I ?tt:11J I Approving the initiation of
proceedings and describing the improvements for consolidating
Open Space District No s 14 and 24 (Bonita Long Canyon and
Canyon Views)
SUBMITTED BY:
Resolution 17'''''' Filing and accepting report and
declaring the City's intention to consolidate Chula Vista Open
Space District No.s 14 and 24 (Bonita Long Canyon and Canyon
Views) and setting the time and place for hearings thereon
Director of Public works# 17
Director of Parks and Recreati~
City Manag~
(4/5ths Vote: Yes_No..xJ
Council Referral #2633
b)
REVIEWED BY:
At the Council meeting of July 21, 1992, Council directed staff to initiate proceedings to combine
Open Space District No. 24, Canyon Views, with Open Space District No. 14, Bonita Long
Canyon. Approval of the resolutions begins that process.
RECOMMENDATION: That Council adopt the resolutions which:
1. Approve the Engineer's Report.
2. Declare the Council's intention to consolidate the districts in accordance with
Section 17.07 of the Municipal Code and Section 22587 of the Streets and
Highways Code.
3. Direct the City Clerk to notice the public hearing in accordance with Sections
22556 and 22588 of the Streets and Highways Code.
4. Set April 13 and 20, 1993, at 6:00 p.m. as the dates and time for the public
hearings.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
At the July meeting, Council approved by Resolution 16723 the formation of Canyon Views
Open Space District No. 24. However, Council also directed staff to begin proceedings to
consolidate this district with Bonita Long Canyon Open Space District No. 14.
/;1-/
Page 2, Item-.1J..
Meeting Date 2/23/93
Consolidation of these districts and their maintenance would increase the assessments of Bonita
Long Canyon from $345 to $359 per residence and would decrease Canyon View's from $661
to $359 per residence. The budgets of each district as combined are shown in Table 1. It is
possible that the combined budget would actually be less than shown because staff anticipates
that there would be some administrative cost savings which have not been quantified. Table 1
presents the sum of the two budgets based on next year's proposed individual budgets.
The actual assessment is comprised of various other factors such as reserve requirements and
fund balances due to cost savings during the year. The impact of these factors would result in
an estimated assessment for Fiscal Year 1993/94 of $335 versus $359 as discussed above.
However, the Bonita Long Canyon residents can anticipate a permanent 5% increase to their
assessment due to annexation of Canyon Views which may not be apparent this year because of
other factors affecting the assessment.
To effect consolidation of the two districts, the following procedures would be required:
1. Council approve a Resolution of Intent to change the organization of the district
and approve an engineer's report reflecting the change in organization pursuant
to Section 22607 of the Streets and Highways Code. At this time, Council sets
the time and place for public hearings on the change. As of this year, Council is
required to conduct a public hearing prior to the public hearing at which a new
assessment or increase in an assessment is proposed.
2. After the Resolution of Intent is approved, notification of the public hearings is
required. This would entail mailing individual notices to all owners of assessed
parcels at least 45 days prior to the second public hearing pursuant to the new law
SB773, effective January 1993. The public hearing is also required to be noticed
in a local newspaper.
3. After the appropriate notice is given, two public hearings are held to take
testimony on the proposed change in organization. If a majority protest, by land
area, exists, the Council cannot overrule the protests and shall abandon the
proceedings to change the organization of the district. SB 773 deleted the
provision in the code which previously allowed the Council to overrule a majority
protest. On the other hand, if no majority protest exists, Council may approve the
resolution changing the organization of the district. Presently, the majority protest
applies only to formation or change in organization of a district. It does not apply
to existing districts.
Staff anticipates that the Bonita Long Canyon owners will protest this change in organization
which would increase their assessments. Concern over any increase in assessments is exemplified
by the Hoffman request heard by Council on January 12, 1993 to divide the district into high and
low cost maintenance areas with corresponding high and low assessments. Staff anticipates that
proceeding to consolidate these districts will not go unopposed by the owners in Bonita Long
IJ.~
Page 3, Item / J
Meeting Date 2/23/93
Canyon. However, several of the 40 property owners in Canyon Views have expressed support
for the consolidation.
A copy of the Engineer's Report is attached for Council approval.
FISCAL IMPACT: It will cost approximately $3000 of General Fund money to process this
consolidation. However, normal annual staff and administration costs are included in the
assessment.
DDS;FiJe/OS015
WPC F:\HOME\ENGINEER\AGENDA\509.93
Attachments
Table 1 - Combined Costs
Engineer's Report with attachments A and B NOTSCANNEl)
A1l3 dated 1/12/93 on Hoffman request NO
T SCANNED
/.J...J
TABLE 1
OSD 14 OSD 24
BONITA LONG CANYON CANYON VIEWS Combined
Utilities 69,240 7,160 76,400
Trash 280 280
Service 1,240 160 1 ,400
Staff 31,100 3,320 34,420
Contractual 190,620 14,270 204,890
Landscape 3,180 400 3,580
Materials 4.000 830 4.830
299,380 26,420 325,800
EDU's 868.22 40.00 908.22
CostlEDU 344.82 660.26 358.72
ACTUAL ASSESSMENTS
BONiTA LONG CANYON CANYON VIEWS Combined
87-88 $ 84.48(1) n --
88-89 195.66 n --
89-90 254.64 -- --
90-91 361.88 -- --
91-92 369.38 n --
92-93 323.20(2) 680.26 --
(1)
This large subdivision was turned over to the City in phases from 1987 through 1991
which is the major reason for the increasing assessments in these years.
(2)
This assessment is lower than prior years because of cost savings in water usage in
response to the drought and water allocation programs in 1991-92.
WPC F:\home\engineer\510.93
13--5' !IJ-i
REPORT ON OPEN SPACE DISTRICT NO. 14
(BONITA LONG CANYON/CANYON VIEWS)
I. Backaround
This report was prepared pursuant to City Council direction and in compliance with the
requirements of Division 15, Part 2, Chapter 1 of the Streets and Highways Code of the
State of California and the Chula Vista Municipal Code, Section 17.07.
II. Boundaries of District
The boundary of the district corresponds to the boundary of Chula Vista Tract 86-3 Bonita
Long Canyon Units 1 through 7 and Chula Vista Tract 88-8 Canyon Views and is shown
on the Assessment Diagram on file in the Office of the City Engineer. A reduced copy,
Attachment "A", is included in this report. As permitted in the Streets and Highways Code
Section 22571, the details of the individual lots (lines, dimensions and bearings) are
shown in the County Assessor's Maps on file in the San Diego County Assessor's office.
III. Maintenance Items
The areas to be maintained by maintenance contract consist of open space lots and
median totalling 286.7 acres. The facilities and items of maintenance included within the
District are as follows:
1. Maintain landscaping and irrigation system improvements within the
designated open space lots, medians and within the parkways adjacent to
open space lots.
2. Maintain theme walls and entry monuments located within open space
areas including graffiti removal.
3. Maintain drainage facilities within open space lots.
The proposed maintenance program for Open Space District No. 14 consists in general
of the following:
1. Repair, removal, or replacement of all or any part to any improvement.
2. Irrigation, fertilization, trimming, and replacement of dead or diseased
landscaping.
3. Weed abatement.
4. Removal of trimmings, trash and litter.
5. Removal of debris from brow ditches (Parks and Recreation).
WPC F:\home\engineer\511.93 / .3 -"
6. Graffiti removal.
IV. Cost Estimate
The estimated annual cost for maintenance of Open Space Maintenance District No. 14
is $360. This estimate is based on the proposed budget prepared for Fiscal Year 1993-
94 and has been reviewed by the Open Space Coordinator. See Table 1.
The estimated assessment on each parcel of land in the District is in direct proportion to
the estimated benefit to be received by such parcel. The district is composed of 902
single family homes of which 40 are attached, and two non-residential sites totalling 6.22
acres. It is proposed that each single family residence be equivalent to 1 equivalent
dwelling unit (EDU) and that the two other sites be equivalent to 1 EDU/acre. This is
consistent with the original Engineer's Reports for the two districts (see Attachment B).
V. Assessment Schedule
It is anticipated that the open space within Canyon Views will be turned over for
maintenance upon completion of the installation and establishment of ground cover on
East H Street and Rutgers Road required of the developer. All areas within Bonita Long
Canyon have been turned over for maintenance by the district.
WPC F:\home\engineer\S11.93
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ATl'ACHMENT B
ASSESSMENT ROIL
----------------------------
OPEN SPACE DISTRICT No. 14
---------------------------
1993-94 ASSESSMENT PER UNIT = 358.72
PROPERTY DESCRIP. BENEFIT 1993-94
(A.P.N. ) UNIT ASSESSMENT
594-070-04 to 59 56.00 20,088.52
594-071-01 to 64 64.00 22,958.31
594-071-67 1.00 358.72
594-110-13 5.32 1,908.41
594-110-14 0.90 322.85
594-321-01 to 63 63.00 22,599.59
594-322-01 to 70 70.00 25,110.66
594-323-01 to 66 66.00 23,675.76
594-341-01 to 55 55.00 19,729.80
594-342-01 to 50 50.00 17,936.18
594-343-01 to 25 25.00 8,968.09
594-351-01 to 10 10.00 3,587.24
594-351-12 to 16 5.00 1,793.62
594-351-18 1.00 358.72
594-351-22 to 23 2.00 717.45
594-352-01 to 19 19.00 6,815.75
594-361-01 to 20 20.00 7,174.47
594-361-22 to 30 9.00 3,228.51
594-361-32 1.00 358.72
594-362-01 to 42 42.00 15,066.39
594-371-01 to 27 27.00 9,685.54
594-372-01 to 46 46.00 16,501.29
594-381-01 to 29 29.00 10,402.99
594-382-01 to 42 42.00 15,066.39
594-383-01 to 22 22.00 7,891.92
594-384-01 to 41 41.00 14,707.67
594-391-01 to 34 34.00 12,196.80
594-392-01 to 34 34.00 12,196.60
594-393-01 to 28 28.00 10,044.26
595-310-01 to 18 18.00 6,457.03
595-311-01 to 22 22.00 7,891.92
908.22 $325,800.00
BENEFIT UNIT FOR RELIGIOUS INSTITUTIONS= 1 UNIT/ACRE
BENEFIT UNIT FOR DAYCARE CENTER = 1 UNIT/ACRE
13 "'/0
.
,
COUNCIL AGENDA STA'lEMENT
I
l
REVIEWED BY:
Item
M-"! Date 1I'i9m""
Report: Feasibility of Splitting Open Space Maintenance District 14, Bonita
Long Canyon
Director of Parks and R~ti~
Director of Public Works pt"
Qty Manager (4/5ths Vote: Yes_Noll)
Council Referral #2668
ITEM 1TILE:
SUB~lllbU BY:
At the meeting of Sertember 15, 1992, Council received written communication from Mr. and Mrs.
Harry Hoffman reque.ting that staff investigate the feasibility of dividing Open Space District #14
into two parts: 1) an area that is maintenance intensive and 2) an area that is in a natural state. This
report deals with.this issue and its potential impact on the open space landscape maintenance
districts.
RECOMMENDATION: That Bonita Long Canyon, Open Space District No. 14 remain as one open
space district.
BOARDSICOMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In late 1985 the developer of Bonita Long Canyon Estates, McMillin Development, Inc., submitted
a letter of petition re ;uesting formation of an open space maintenance district. The petition
complied with the Tentative Map conditions for the Bonita Long Canyon Project.
The entire Bonita Long Canyon Estate project, Units 1 through 7, make up Open Space District No.
14. There is a total of 650 acres within the entire subdivision boundary with 283.8 acres of dedicated
open space. As each subdivision unit was developed, the open space areas in each unit were phased
in and the cost of maintenance was shared by the homeowners in the district. Presently the 862
homes in District 14 are equally assessed.
Mr. and Mrs. Hoffman in their letter dated August 23, 1992 raised the issue of dividing Open Space
District No. 14 into two zones based on areas of varying level of maintenance and proximity to these
areas. Their letter referenced the highly manicured landscape (Code One area) along Corral Canyon
Road, is the major cxVense of the Open Space District. In review of the maintenance contract, the
landscape area along Corral Canyon Road is about 2.4 acres and accounts for only $8,820 of the
District's $177,940 maintenance contract and approximately 10% of the yearly utility cost of $89,960.
The largest cost attributed to this District's budget is Code Three areas. The Code Three areas are
landscaped manufacture sloped areas c:reated during the grading of the project. There is a total of
44.44 acres of Code Three areas which cost $3,050 an acre to maintain or a total $135,542. This
amount will eventually decrease as the landscaping matures and no longer requires supplemental
irrigation. Generally speaking, the revegetated graded slopes can take up to 10 years before
supplemental irrigation is curtailed.
The Ho~an's suggestion to divide the district into areas of high maintenance and low maintenance
).3 -1/
Page 2, ltem_
Meeting Date 1/19193
rl
~
would be difficult to achieve because the high cost maintenance areas (Codes One and Three) are
dispersed throughout the Bonita Long Canyon Estates Unit 1-7 as illustrated below:
DIS'IRIBUTlON OF OPEN SPACE LAND iii
BONITA LONG CANYON ESTATES UNIT 1-7
UNIT 1 UNIT 2 UNIT 3 UNIT 4 UNIT S UNIT 6 UNIT 7
CODE 1 .563 AC SAC SAC
2 .01 Ai= - .01 AC
3 1.72 AC S.6AC 8.1 AC S3AC 7.54 AC 2.69 AC ll.5AC
4 - -
S 25.4 AC 44.4 AC 2UAC 40.06 AC 43.18 AC 12.53 AC S!.19AC
Consequently, such a split would result in a situation whereby certain residents would be burdened
with a higher assessment because they happen to reside in areas requiring higher labor and utility
costs. Conversely, those residing in areas of low maintenance or highly natura1ized areas would incur
a substantially smaller assessment This approach to assessments in open space landscape districts
is not consistent with past Council action. Past Council action has spread assessments equally
throughout purely residential districts. Moreover, staff is extremely concerned that a district split may
set a prec:edenc:e in other districts wishing to achieve a smaller assessment through district
segmentation.
The Hoffmans'letter also suggests the older areas should not be assessed for the newer units open
space lands. Staff feels that the entire development should be treated as one cohesive neighborhood
because it is enhanced by the natural canyons throughout the subdivision. The general proximity of
all residences to the canyons combined with the trail system allows all residents of Bonita Long
Canyon EStates to enjoy these large open space preserves.
To effect the Hoffman request, the following procedures would be required to divide the existing
district into two parts:
1. Council approve a Resolution of Intent to change the organization of the district and approve
an engineer's report reflecting the c:hange in organization pursuant to Section 22607 of the
Streets and Highways Code. At this time, Counc:il sets the time and place for a public hearing
on the change.
2. After the Resolution of Intent is approved, notification of the public hearing is required.
This would entail mailing individual notices to all owners of assessed parcels at least 4S days
prior to the public hearing pursuant to the DeW law SB 773, which is effective January 1993.
Publication to notice the public hearing is also required.
3. After the appropriate notice is given, a public hearing is held to take any testimony on the
proposed change in organization. U a majority protest, by land area, exists, the Council
cannot overrule the protests and shall abandon the proceedings to c:hange the organization
of the district SB 773 deletes the provision in the code which previously allowed the Counc:il
13-/,,).
Page 3, Item_
Iof~ng Date 1119193
to overrule a majority protest. On the other hand, if no majority protest exists, Council may
approve the resolution changing the organization of the district.
There exists the possibility that in reaction to the Hoffman request, owners of the larger more
spacious "estate" and custom lots would protest the rise in their assessments. Because Section 22593
of the Street and Highway Code specifies majority protest (by area) this would mean the newer
homes on larger lots would have a heavier weighted protest value. In essence, this would mean that
the last phases of this particular development (Bonita Long Canyon) which has the least density and
least established plant material would have a greater )lrotest value because influence is based upon
area.
In this sense, Bonita Long Canyon is fairly typicul of large phased developments in that usually the
higher density lower cost homes are developed early on 'and the lower density luxury homes
developed later. The Hoffman's reside in Unit. 1 of Bonita Long Canyon, the first phase of the
subdivision with the highest density and most established plant material.
In summary, the Hoffman's letter raises a point which is echoed universally at the biannual
homeowners meetings with staff. Although most everyone enjoys the benefits of undeveloped open
space, no one really wants to pay for its maintenance especially residents whose lots are not
contiguous with open space. As noted earlier, should Council decide to split the existing Open Space
District 14 (Bonita Long Canyon) this would set a precedent inviting innumerable similar requests
from the 9,689 homeowners in all 19 City maintained landscape maintenance districts. This could
result in countless conflicts within existing Open Space District communities between those residing
in low density luxury lots and those residing in higher density housing. It has always been the goal
of the City for open space areas to bring communities together in the enjoyment of common areas
and not to divide communities in the search for lesser individual assessments.
Therefore. it is staff's recommendation that Bonita Long Canyon Estates Unit 1-7 should remain as
one Open Space Maintenance District However, if Council directs staff to proceed with reorganizing
the boundaries of Open Space District 14, the procedures delineated previously would be required,
proper notification would be sent to all residents in the District and a public hearing date set.
A copy of this report has been provided to the Hoffmans, and they have been advised of the date
the report will be heard by Council. .
FISCAL IMPACI': None, if the District remains unchanged.
OSDSPL T.Al3
,
J3-J3
RESOLUTION NO.
17~~J
,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE INITIATION OF
PROCEEDINGS AND DESCRIBING THE IMPROVEMENTS
FOR CONSOLIDATING OPEN SPACE DISTRICT NOS. 14
AND 24 (BONITA LONG CANYON AND CANYON VIEWS)
WHEREAS, according to Article 1, Chapter 2, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as the "Landscaping and Lighting Act of 1972" (adopted by the City
by Chula vista Municipal Code Chapter 17.07), proceedings for the
consolidation of assessment districts must be initiated by
resolution; and
WHEREAS, on January 14, 1986, by Resolution No. 12329,
the City Council approved the formation of Open Space District 14,
Bonita Long canyon; and
WHEREAS, on July 21, 1992, by Resolution No. 16723, the
city Council approved the formation of Open Space District No. 24,
Canyon Views and directed staff to initiate proceedings to
consolidate Open Space District 24 with Open Space District 14,
Bonita Long Canyon; and
WHEREAS, the proposed designation for this district, as
consolidated, is Open Space District 14; and
WHEREAS, the open space areas to be maintained consist of
open space lots totalling 287 acres.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby initiate proceedings for the
consolidation of Open Space District Nos. 14 and 24 (Bonita Long
Canyon and Canyon Views) and order the City Engineer to prepare and
file a report in accordance with said Chapter 17.07 and Article 4
of Chapter 1 of the Landscaping and Lighting Act for Open Space
District No. 14.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
D. R1chard Rud
city Attorney
F:\homc\attorney\OSl4-24
}314--/
RESOLUTION NO.
I ;/ (/1).2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA FILING AND ACCEPTING REPORT AND
DECLARING THE CITY'S INTENTION TO CONSOLIDATE
CHULA VISTA OPEN SPACE DISTRICT NOS. 14 AND 24
(BONITA LONG CANYON AND CANYON VIEWS) AND
SETTING THE TIME AND PLACE FOR HEARINGS
THEREON
WHEREAS, on July 21, 1992, the City Council directed
staff to begin proceedings to consolidate Open Space District No.
14 (Bonita Long Canyon) and Open Space District No. 24 (Canyon
View); and
WHEREAS, pursuant to the provisions of Streets and
Highways Code section 22590, public hearings are required to
establish the proposed open space district; and
WHEREAS, an engineer's report was submitted by the city
Engineer and the Director of Parks and Recreation for the cost of
maintaining the open space district; and that said estimated annual
assessment to be charged for each residential parcel is $360; and
WHEREAS, this report was prepared by the city Engineer or
under his direction and was presented to the City Council for
approval in order to proceed with the public hearings set for April
13 and 20, 1993 in accordance with the Landscaping and Lighting Act
of 1972.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve the Engineer'S report
for the FY 1993-94 spread of assessments for Open Space District
No. 14 which reflects the addition of Open Space District No. 24's
improvements and property owners.
BE IT FURTHER RESOLVED that the City Council does hereby
set April 13 and 20, 1993 at 6:00 p.m. in the Council Chambers,
City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the pUblic hearings on said assessments.
BE IT FURTHER RESOLVED that the city Clerk is hereby
directed to notice the public hearing in accordance with sections
22556 and 22588 of the Streets and Highways Code.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
F:\hcme\attomey\OS14<q>t
138- /
.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled malter. 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
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
all in the year 19...9.~.....
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at
Chula Vista
California, this ........':...... day of..........................,
19~nn~.~........"""...........SI71
/ ,nt/~!
, rincipal derk r!.f
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This space is for the County Clerk's Rling Stamp
Proof of Publication of:
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COUNCIL AGENDA STATEMENT
Item-'!L
ITEM TITLE:
Meeting Date 2/23/93
Resolution I" l' 'establishing a policy on approval of Deferral and
Lien Agreements and approving the draft form of City's Deferral and Lien
Agreement
~
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Managerf
(4/5 Vote: Yes_No...xJ.
Council Referrals: 2608
2622
At its meeting of February 2, 1993, Council considered staffs request to adopt a policy on the
acceptance of lien agreements for deferrals by staff, with a limit of $30,000 valuation. After
discussion of the matter, Council requested that staff return with a revised policy containing
additional conditions under which a lien may be accepted.
RECOMMENDATION: That Council adopt a resolution establishing the attached revised
policy.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
During discussion of the adoption of the subject policy at its meeting on February 2nd, Council
requested that staff revise the policy to include:
A. The City is to consider a lien on the property only after all other efforts to
acquire a cash bond have been exhausted
B. The title report for the property in question shall show that all the indebtedness
against the property, plus the addition of the lien, shall not exceed 75 % of the
valuation of the appraised value on commercial land and 80% on single-family
property.
C. Staff is to bring back a report to the Council on a biennial basis which is to
include the number of deferrals and comparing the values of liens versus cash
bonds of those deferrals.
/ t/- J
Page 2, ItemK
Meeting Date 2/23/93
The revised policy contains additional provisions as follows:
1. That liens will only be accepted after all other efforts to acquire a cash bond have
been exhausted;
2. In order for the City to consider accepting a lien, the total of the lien, plus all
indebtedness against the property shall not exceed: a) 75 % of the value of the
property in the case of commercial, industrial or multi-family residential and; b)
80% of the value of single-family residential.
3. Before the City can agree to accept a lien, the applicant is to provide the
following items:
A. A title report issued within 60 days of submittal showing all indebtedness
and encumbrances against the property.
B. An appraisal showing current value of the property
4. Staff shall forward a report to Council in the month of January of every odd-
numbered year. Said report is to include the total number of deferrals and the
comparison of the dollar amounts of liens versus cash bonds.
5. Whenever a deferral and lien is approved, the standard deferral and lien
agreement prepared by the City Attorney shall be utilized.
A draft copy of the revised policy is attached for Council's review.
FISCAL IMPACT: None.
KY-158/PD-OOI
JWH
/ 'I" )...
RESOLUTION NO.
//,17'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A POLICY ON APPROVAL
OF DEFERRAL AND LIEN AGREEMENTS AND APPROVING
THE DRAFT FORM OF CITY'S DEFERRAL AND LIEN
AGREEMENT
WHEREAS, at its meetings of May 12 and June 9 of last
year, Council expressed concerns regarding requests for liens
against properties in lieu of posting cash bonds for security for
deferrals; and
WHEREAS, at its meeting of February 2, 1993, Council
considered staff's request to adopt a policy on the acceptance of
lien agreements for deferrals by staff, with a limit of $30,000
valuation; and expressed concerns regarding requests for liens
against properties in lieu of posting cash bonds for security for
deferrals; and
WHEREAS, Council requested that staff return with a
revised policy containing additional conditions under which a lien
may be accepted.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby establish a policy on approval
of Deferral and Lien Agreements as set forth in Exhibit "A"
attached hereto and incorporated herein by reference as if set
forth in full.
BE IT FURTHER RESOLVED that the City Council of the city
of Chula vista does hereby approve the draft form of City's
Deferral and Lien Agreement, as set forth in Exhibit "C" attached
hereto and incorporated herein by reference as if set forth in
full, and authorize the City Engineer to use same for deferrals
within his or her authority.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
D. Rl.chard Rud
City Attorney
F: \hoote\aUorney\defernl
ILl':! /11/-1
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT:
Deferral and Lien Agreements
ADOPTED BY: Resolution No.
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
NUMBER
Page I of 2
DATED:
BACKGROUND
Whenever an owner develops his land in the City, he or she must install any missing public
improvements in accordance with current standards as required by Section 12.24.040 of the
Municipal Code. In certain cases, however, those improvements may be deferred due to the
existing conditions surrounding the property. At the time the ordinance providing such deferrals
was adopted, security for the future completion of the improvements by the owner/developer
could be in the form of cash, surety bond, pass book, or a lien against the property in favor of
the City.
The Council previously delegated authority to the City Engineer to approve deferrals and to
accept liens on the property to secure the deferral. The report recommended that security be
only in the form of cash bonds or, in the case of demonstrated hardship, the City accept a lien
against the property being developed.
After this authority was shifted, the department found that it was relatively easy to make a
determination of demonstrated hardship for an owner wanting to build a single family home,
remodel or add to his/her existing single family dwelling and, on his/her authority, accept a lien
in the place of the cash bond. In the case of all other types of development (Le., multi-family
residences, industrial and commercial buildings), since these uses are all "for-profit" ventures,
it was generally much more difficult to make the necessary determination of fmancial hardship.
As a result of this, liens were, as a general rule, not allowed for these latter uses based solely
on staff s authority.
PURPOSE
It is the purpose of this policy to provide a means of streamlining the deferral process and
curbing the number of appeals appearing on the Council's docket.
DRAFT OF REVISED POLICY
/l/...5
SUBJECT:
Deferral and Lien Agreements
ADOPTED BY: Resolution No.
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
NUMBER
Page 2 of 2
DATED:
POLICY
The following Deferral and Lien Agreement Policy is hereby established:
1. Only after all other efforts have been made to acquire a cash bond and failed, will
the City consider accepting a lien on the property.
2. Staff may approve deferral and lien agreements up to an amount of $30,000 for
any deferral granted by staff, whether residential, multi-residential, industrial or
commercial property.
3. That the above amount of authority is to be increased or decreased annually
beginning on the fIrst of January of the year following the date of adoption of this
policy. The increase or decrease is to be determined by the Construction Cost
Index factor as presented in McGraw - Hill's national publication Engineering
News Record. (Construction Cost Index Value - 5059.07, Dec. 1992)
4. Council is to consider deferral and lien agreements which exceed those authorized
to be approved by staff.
5. In order for the City to consider accepting a lien, the total of the lien, plus all
indebtedness against the property shall not exceed: a) 75 % of the value of the
property in the case of commercial, industrial or multi-family residential and; b)
80% of the value of single-family residential.
6. Before the City can agree to accept a lien, the applicant is to provide the
following items:
A. A title report issued within 60 days of submittal showing all indebtedness
and encumbrances against the property.
B. An appraisal showing current value of the property
7. Whenever a deferral and lien is approved, the standard deferral and lien
agreement prepared by the City Attorney (copy attached) shall be utilized.
8. Staff shall forward a report to Council in the month of January of every odd-
numbered year. Said report is to include the total number of deferrals and the
comparison of the dollar amounts of liens versus cash bonds.
1'1" "
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 2/23/93
ITEM TITLE: Resolution I ?~..:r Amending Schedule III, Section 10.52.280 of the
Municipal Code - Parking-prohibited at all times on certain streets - Main Street
SUBMITTED BY: Director of Public Work~
REVIEWED BY: City Manage# (4/5ths Vote: Yes_NoXI
In order to minimize traffic hazards and congestion, and for the purpose of the promotion of public
safety. staff initiated a Trial Traffic Regulation which prohibited on street parking on a portion of Main
Street in the vicinity of Otay Valley Road. A review of this trial traffic regulation shows that it is
operating effective and should be made permanent.
RECOMMENDATION: That the City Council approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of June
11. 1992. voted MSUC (Braden/Koester) to accept staff's recommendation and recommend that the
City Council approve a resolution prohibiting parking along the north curb line on Main Street fronting
the Woodland Park Subdivision.
DISCUSSION: The City Engineer has determined that in the interest of minimizing traffic hazards and
congestion and for the promotion of public safety that on-street parking be prohibited along the north
curbline of Main Street in the area described above. This area is adjacent to the Woodland Park
residential subdivision which does not have direct frontage on this street. The area has been a
nuisance, for area residents, in that it has become a dumping point for abandoned vehicles and
trailers which include. refrigerator units which run all night and make a lot of noise and pollution, and
trailers which contain and allegedly leak hazardous materials and other undesirable matters.
Said regulations were initiated on a trial basis upon the posting of the signs on July 17. 1992.
respectively. Staff has reviewed the above installations and determined the prohibition should be
made permanent.
Schedule III - Parkina Prohibited at All Times on Certain Streets
Name of Street
Beainnina At
Endina At
Side
A point approx.
110' west of the
centerline of
Otay Valley Road
A review of the traffic conditions at the above location show that it is operating effectively.
Therefore. staff recommends that the City Council adopt the resolution amending Schedule III of the
Chula Vista Municipal Code Section 10.52.280.
Main Street
A point approx.
500' west of
beginning point
North
FISCAL IMPACT: Not applicable.
Attachment: Area Plat ,
Trial Traffic Regulation #113 NOT SCANNED
FXR:CY.027
WPC F:\home\engineer\egenda\p8rk.main.st
15'/
RESOLUTION NO.
I /t:;&! J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE III, SECTION
10.52.280 OF THE MUNICIPAL CODE - PARKING
PROHIBITED AT ALL TIMES ON CERTAIN STREETS -
MAIN STREET
WHEREAS, in order to m1n1m1ze traffic hazards and
congestion, and for the purpose of the promotion of public safety
parking prohibitions on Main Street should be authorized by
resolution; and
WHEREAS, a review of trial traffic regulations initiated
by the City Engineer under the authority of the Municipal Code show
that these regulations are operating effectively and should be made
permanent; and
WHEREAS, the Safety Commission, at their meeting of June
11, 1992, voted unanimously to accept staff's recommendation and
recommend that the city Council approve a resolution prohibiting
parking along the north curb line on Main Street fronting the
Woodland Park Subdivision.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does amend Schedule III, section 10.52.280
of the Municipal Code - Parking Prohibited at all times on certain
streets as follows:
Schedule III - Parkinq Prohibited at
Name of Beqinninq At
Street
All Times on certain Streets
Endinq At
Side
Main Street
A point
approx. 110'
west of the
centerline of
Otay Valley
Road
A point North
approx. 500'
west of the
beginning
point
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
F:\homelauomcy\459.93
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COUNCIL AGENDA STATEMENT
Item
/j,
Meeting Date
2/23/93
ITEM TITLE:
Report on Request for Proposal (RFP) for HandY trans
Operation
SUBMITTED BY:
Director of Public
City Manag~
Works ~
REVIEWED BY:
(4/sths Vote:
Yes _ No -Ll
At the meeting of Februrary 16, 1993, Council requested the Transit
Coordinator and the City Attorney to add a statement to the draft
agreement regarding contract termination if performance standards
are not met as contained in Paragraph 13 H (page A-6 of 8, Exhibit
A). The City Attorney has added this statement to Paragraph 13 H
(page A-6 of 8, Exhibi t A) as indicated in the attached draft
agreement.
Council also questioned the term of the agreement which is found in
section 18 of Attachment 2 (page 10 of 11).
MLG..SBlAGENDAlHANDYTRN.RFP
021793
/&,-/ 116-~
ATTACHMENT 2
DRAFT AGREEMENT
Agreement between
City of Chula Vista
and
hereinafter referred to as "Contractor"
for Demand Response Transportation Service
This agreement dated for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City, whose business form is set forth on Exhibit A, paragraph 3, and
the entity indicated on the attached Exhibit A, paragraph 4, as Contractor, whose business form
is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 and is made with reference to the following facts:
Recitals
Whereas, the City desires to operate a transportation system to serve persons certified for
Complementary Paratransit Service under the American with Disabilities Act (ADA) and other
senior and disabled persons, provided Transportation Development Act (TDA) Article 4.5 funds
and Proposition A funds are available; and
Whereas, Article 4.5 and Proposition A funds and are administered by the San Diego
Association of Governments (SANDAG) and allocated to the City by SANDAG based on a
distribution formula; and
Whereas, the City's Complementary Paratransit System for ADA certified persons is
called "HandYtrans'" and
, ,
Whereas, Contractor has the management and technical personnel, expertise, and other
assets useful for the operation of HandY trans; and
Whereas, City is desirous of obtaining such services for HandYtrans; and
Whereas, Contractor is desirous of providing such service;
Whereas, Contractor 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 Contractor to City
within the timeframes herein provided all in accordance with the terms and conditions of this
Agreement;
W1'C F.VfOME>ENGINEEINJ/LLGVJ/1.92
/~:J
Page 1 of 11
Attachment 2
,
NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby
mutually agree as follows:
1. Contractor's Duties
A. General Duties
Contractor shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Contractor shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement The General Duties and the work and deliverables required in the Scope of Work
and Schedule shall be herein referred to as the "Defmed Services". Failure to complete the
Defined Services by the times indicated does not, except at the option of the City, operate to
terminate this Agreement.
C. Reductions or Increases in Scope of Work
City may independently, or upon request from Contractor, from time to time reduce or
increase the Defmed Services to be performed by the Contractor under this Agreement. Upon
doing so, City and Contractor agree to meet in good faith and confer for the purpose of
negotiating a corresponding change in the compensation associated with said change. An
increase or decrease in the annual vehicle service hours, bv more than 20% during any year of
the agreement may result in compensation being negotiated.
D. Additional Services
~ In addition to performing the Defined Services herein set forth, City may require
Contractor to perform additional services related to the Defmed Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Contractor,
Contractor shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Contractor, in performing any Services under this agreement, whether Defmed Services
or Additional Services,. shall perform 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.
WPC FNIOMlMNGlNEE1NJ/UG.3/2.92
I" -1
Page 2 of II
At/achment 2
F. Insurance
Contractor represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies
of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better,
or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Contractor, which names City
and Applicant 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 and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Contractor shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Contractor's Commercial General Liability Insurance
Policy, Contractor shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by the Risk Manager.
H. Performance Bond.
In the event that Exhibit A, at Paragraph 9, indicates the need for Contractor to provide
a Performance Bond, which indication shall be made by checking the parenthetical space adjacent
to the term, "Performance Bond", then Contractor shall provide to the City a performance bond
by a surety and in a form satisfactory to the City Attorney in an amount indicated in the space
adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit A.
WPC F.VlOMe.ENG/NEEINJ//LGIJ/2.92
)'-~
Page 3 of 11
Attachment 2
1. Business License
Contractor al!I'ees to obtain a business license from the City and to otherwise comolv with
Title 5 of the Chula Vista Municioal Code.
2. Duties of the City
A. Consultation and C:coperation
City shall regularly consult the Contractor for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, fIles
and records by Contractor throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set fonh on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's
performance of this agreement.
B. Compensation
Uoon receiot of a orooerlv oreoared billing from Contractor submitted to the City
oeriodicallv as indicated in Exhibit A. Paragraoh 17. but in no event more freauentlv than
monthlv. on the dav of the oeriod indicated in Exhibit A. Paragraoh 17. City shall compensate
Contractor for all services rendered by Contractor according to the terms and conditions set forth
in Exhibit A, Paragraph 10 adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, and shall compensate Contractor for out of
pocket expenses as provided in Exhibit A, Paragraph 11.
All billings submitted bv Contractor shall contain sufficient information as to the orooriety
of the billing to oermit the City to evaluate that the amount due and oavable thereunder is orooer.
and shall soecificallv contain the City's account number indicated on Exhibit A. Paragraoh 17
(C) to be charged uoon making such oavment.
,3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
J" -~
Page 4 of 11
Attachment 2
WPC F.V10MBENGlNEElNJIUf:N12.92
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 13.
From the nature of the services to be rendered, the Contractor and City agree that it is
difficult to fix actual damages which may result from failure on the part of the Contractor to
perform any of its obligations herein and the resulting loss to the City. Therefore, both parties
agree that the Contractor's liability should be limited to and fixed at the sums stated in this
section, as liquidated damages and not as penalty, to be deducted automatically by City from
Contractor invoices for the period(s) in which occurred. The decision of the City Transit
Coordinator is fmal with respect to any assessment of liquidated damages. The Transit
Coordinator may rely on information supplied by Contractor, by the public or by City staff, as
well as by other means in determining assessment of liquidated damages.
6. Financial Interests of Contractor
A. Contractor is Designated as an FPPC Filer.
If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is
deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not
make, or participate in making or in any way attempt to use Contractor's position to influence
a governmental decision in which Contractor knows or has reason to know Contractor has a
financial interest other than the compensation promised by this Agreement.
,
C. Search to Determine Economic Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and
represents that Contractor has diligently conducted a search and inventory of Contractor's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Contractor does not, to the best of Contractor's
knowledge, have an economic interest which would conflict with Contractor's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor further
warrants and represents that Contractor will not acquire, obtain, or assume an economic interest
WPC F!oHOM/MNGINEElM1LLCNJ2.92
It. ; 7
Page 5 of 11
Altachmenl 2
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor further
warrants and represents that Contractor will immediately advise the City Attorney of City if
Contractor learns of an economic interest of Contraci.:>r's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests.
Contractor warrants and represents that neither Contractor, nor Contractor's immediate
family members, nor Contractor's employees or agents ("Contractor Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
Contractor further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Contractor or
Contractor Associates in connection with Contractor's performance of this Agreement.
Contractor promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City.
Contractor may not conduct or solicit any business for any party to this Agreement, or
for any third party which may be in conflict with Contractor's responsibilities under this
Agreement, except with the written permission of City.
.
7. Hold Harmless
Contractor shall defend, indemnify and hold harmless the 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 conduct of the Contractor, or any
agent 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. Contractor's indemnification shall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents,
or employees in defending against such claims, whether the same proceed to judgment or not.
Further, Contractor 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. Contractors'
WPC F.VlOMIMNGlNEElMJ/UfN/2.92
It, ,-8"
Page 6 of 11
Allachment 2
indemnification of City shall not be limited by any prior or subsequent declaration by the
Contractor.
8. Tennination of Agreement for Cause
,
If, through any cause, Contractor shall fail to fulfill in a timely and proper manner
Contractor's obligations under this Agreement, or if Contractor 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 Contractor 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 Contractor shall, at the option of the City, become the property of the City,
and Contractor 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 Contractor's breach.
9. Errors and Omissions
In the event that the City Administrator detennines that the Contractors' 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, omissions,
Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Contractor of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described 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, Contractor 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. Contractor hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Contractor are personal to the City, and Contractor shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City, which City may not unreasonably deny.
12. Ownership, Public!'-tion, 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
WPC F.V10MNNGlNEElM/UI:N/2.92
I~-'
Page 7 of 11
Attachment 2
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 Contractor in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except 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
13. Independent Contractor
City is interested only in the results obtained and Contractor 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 Contractor's
work products. Contractor and any of the Contractor's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits.
14. Administrative Oaims Requirements and Procedures
No suit or arbitration. shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by the
City 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, Contractor shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
~ Should a dispute arising out of this Agreement result in litigation, 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.
16. Statement of Costs
In the event that Contractor prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Contractor shall include,
or cause the inclusion of, 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
WPC FivIOME>J!.NGINEElNJIUCNI2.92
16-/f)
Page 8 of 11
Attachment 2
17. Miscellaneous
A. Contractor not authorized to Represent City
Unless specifically authorized in writing by City, Contractor shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Contractor is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Contractor and/or their principals
is/are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are
licensed real estate brokers or salespersons.
C. 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 herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. 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, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder: shall be the City of Chula Vista.
WPC F.'>HOMTNWGlNEE/MlUfN12.92
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Page 9 of 11
Attachment 2
18. Term of Agreement:
A. Base Term - This Agreement shall become effective upon execution, and the term
shall be the period from July 1, 1993 through June 30, 1996.
B. Ootion Term
(1) In consideration of the herein Agreement, Contractor hereby grants to City the
below option, exercisable in writing at City's sole election. At any time on or before April 1,
1996, City may extend the service provided by Contractor under this Agreement for a period of
two years. Compensation related to such an extension shall be determined through negotiations
between City and Contractor.
(2) It is mutually understood and agreed that all work performed and services provided
under the exercised option shall be in strict compliance with all of the requirements of this
Agreement as such may be amended from time to time by mutual agreement.
(3) It is mutually understood and agreed that City is under no obligation whatsoever
to exercise this option. Such option exercise may be by amendment hereto, or by issuance of
a new agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective officers thereunto duly authorized on the date written below their
signatures.
[end of page. next page is signature page.]
..
WPC F.VlOMf),ENGlNEEIM/UG\3/2.92
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Page 10 of 11
Attachment 2
Signature Page
to
Agreement between City of Chula Vista and [Name of Contractor]
for
IN WTINESS WHEREOF, City and Contractor have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
,19_
CITY OF CHULA VlST A
By:
Tim Nader, Mayor
Attest:
Beverly Authe1et, City Oerk
o ey
.
Dated:
NAME OF CONTRACTOR
By:
Name .of person, title
By:
Name of person, title
Exhibit List to Agree~nt
( X ) Exhibit A.
W1'C FNIOME>ENGlNEElMIU<N12.92
It..-/J
Pag. Il of Il
Allachm.nl 2
Exhibit A
to
Agreement between
City of Chula Vista
and
1. Effective Date of Agreement: July 1, 1993
2. City-Related Entity:
(X) City of Chula Vista, a municipal chattered corporation of the State of California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other:
form]
, a [insert business
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4.
Contractor:
5.
Business Form of Contractor:
( ) Sole Proprietorship
( ) Pannership
( ) Corporation
,
6.
Place of Business, Telephone and Fax Number of Contractor:
[Address]
[City], California 9
Voice Phone (619)
Fax Phone (619)
I~ -1'/
Page A-I of 8
Exhibit A
WPC F.ViOMf)ENGlNEElNJ/UG\J/2.92
7.. General Duties:
Contractor's responsibilities shall include but not be limited to;
1. Meeting all operations equipment and maintenance requirements contained in this
RFP, and in compliance with the ADA.
2. Providing all personnel having management, operations, and maintenance expertise
necessary to operate the system.
3. Providing the necessary vehicles according to the specifications detailed in
Attachment 1.
4. Fare collection, accounting, and reporting.
5. Personnel administration.
6. Assisting City in marketing.
7.. Scheduling and dispatching vehicles.
8. Data collection and reporting.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
See Attachment 1 to Exhibit A.
B. Date for Commencement of Contractor Services:
(X) Same as Effective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
,
Deliverable No.3:
D. Date for completion of all Contractor services:
June 30, 1996
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employe1's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $5,000,000.
(X) Performance Bond, $50,000
(X) Fidelity Bond, $50,000
I~-/S-
Page A-2 of 8
Exhibit A
WPC F.'JlOMe.ENGINEElMIUfN12.92
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Contractor as herein required, City shall
pay a single fIxed fee in the amounts and at the times or milestones or for the Deliverables set
!"orth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
B. (X) Phased Fixed Fee Arrangement.
(1) For the performance of each phase or portion of the Defmed Services by
Contractor as are separately identifIed below, City shall pay the fIxed fee associated with each
phase of Services, in the amounts and at the times or milestones or Deliverables set forth. The
fIxed monthly fee shall be payable in advance at the beginning of each month upon receipt of
invoice.
Fixed
Fiscal Year Monthly Fee Total Annual Fee
1. FY 1993-94 (July 1, 1993-June 30, 1994) $ $
2. FY 1994-95 (July 1994-June 30, 1995) $ $
3. FY 1995-96 (July 1, 1995-June 30, 1996) $ $
~
(2) Any increase or decrease in the daily operating hours shall result in the
following hourly rate being added to or subtracted from the fIxed monthly fee.
Fixed Fee
Fiscal Year Hourly Rate
1. FY 1993-94 (July 1, 1993-June 30, 1994) $
2. FY 1994-95 (July 1994-June 30, 1995) $
3. FY 1995-96 (July 1, 1995-June 30, 1996) $
WPC F.WOMe.ENGlNEElNJIUG\J12.92
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Page A-3 of 8
Exhibit A
C. (X) Hourly Rate Arrangement
In addition to the fixed fee in Section 1O.B., City shall pay Contractor for 8,868 annual
vehicle service operating hours (Option A), or 11,130 annual vehicle service operating hours
(Option B) of time spent by Contractor in the performance of said Services, at the rates or
amounts set forth in the Rate Schedule hereinbelow according to the following terms and
conditions:
(1) (X) Not-to-Exceed Limitation Annual Vehicle Service Hours
Contractor will perform all of the HandYtrans operations based on the
annual vehicle service hours in the Rate Schedule Table shown below.
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Contractor shall have incurred time and materials equal to
(" Authorization Limit"), Contractor shall not be entitled to
any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Contractor from providing
additional Services at Contractor's own cost and expense.
Rate Schedule
111,1111111111111111111 1111ill.111 1IIIIIIilll111 i:IIII'illil;
ii:f;!!!!@~g;m;;I;
FY 1993-94 $ $
FY 1994-95 $ $
FY 1995 -96 $ $
D. Maximum Total Annual Cost
~ Contractor agrees that Contractor will perform all of the Defined Services herein required
of Contractor as follows:
litilillillllitil l!lllilliiit 1fl..1 IIIt111
FY 1993-94 $ $
FY 1994-95 $ $
FY 1995-96 - $ $
WPC F.V10MUNGINEE/MllliN12.92
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Page A4 of 8
Exhibil A
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Contractor in the performance of
services herein required, City shall pay Contractor at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
12. Contract Administrators:
City:
Bill Gustafson, Transit Coordinator
707 F Street
Chula Vista, CA 91910
(619) 691-5260
Contractor:
.13. Liquidated Damages
A. Liquidated damages may be assessed at the rate of one-thousand ($1,000) dollars
per day for each day after the commencement of this Agreement that Contractor totally fails to
provide any of the required transit service specified in this Agreement
B. Liquidated damages will be assessed at the rate of three hundred ($300) dollars
per occurrence for failure to achieve a satisfactory rating in any category of the annual California
Highway Patrol Safety Compliance report (CHP 343).
C. Liquidated damages may be assessed at the rate of one hundred ($100) dollars per
day for each day Contr.ictor fails to employ and assign to the services covered by this agreement
a Location Manager approved by the Transit Coordinator. In the event Contractor's Location
WPC F.V10ME>.ENG/NEElMlu.Gl312.92
/~-Ir
Page A-5 of 8
Exhibit A
Manager terminates his or her employment with less than two (2) weeks notice, liquidated
damages will not be assessed until the fIfteenth (15th) day following the notice of termination.
D. Liquidated damages may be assessed at the rate of fifty ($50) dollars per day for
each incident of failure to comply with the following equipment and driver specifications herein:
(1) Failure to clean vehicle interiors daily.
(2) Failure to clean vehicle exterior two times per week.
(3) Failure to provide 8 hour National Safety Council Defensive Driving
Course or equivalent for each driver before that driver operates any vehicle in revenue service.
(4) Failure of driver to wear presentable uniforms while on duty.
(5) Failure to provide each driver 1 hour of safety training per month.
(6) Failure to conduct 1 hour of evaluation check ride quarterly for each driver.
E. Liquidated damages may be assessed at the rate of fifty ($50) dollars per vehicle
per day for failure to insure that wheelchair lifts are operational before a vehicle is assigned to
revenue service.
F. Liquidated damages may be assessed at the rate of fifty ($25) dollars per day for
each incident of failure to submit to the City monthly management reports by the 10th day of the
following month.
G. Liquidated damages may be assessed at the rate of fifty ($50) dollars per vehicle
per day for each day Contractor operates a vehicle which does not have functioning heating and
air conditioning.
H. Contractor shall maintain the following minimum performance indicators:
Passengers per Passengers per
Service Mile Service Hour
0.30 3.5
The performance factors will be evaluated on a monthly basis. Total passengers
per service mile is equal to the number of passengers carried divided by the mileage accumulated
by Contractor's vehicles while vehicle is available to transport passengers within the service area.
Total passengers per service hour is equal to the total number of passengers carried divided by
the number of hours that vehicles are available for service within the designated hours of
operation. The City will assess Liquidated Damages in the amount of $200 for each month both
these standards are not met. In addition to the right of the Citv to terminate the agreement for
the City's convenience under section 10 of the agreement. failure to meet the Derformance
WPC FN/OMINiNGlNEElM/UG\l/2.92
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Page A-6 of 8
Exhibit A
indicators of this paralITaph H for three consecutive months shall, at the oPtion of the Citv.
constitute an independent basis for termination of this alITeement for cause under section 8 of this
alITeemenl
14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department.
() Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property.
() Category No.5. Investments in business entities and sources of income
of the type which, within the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income
of the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
() Category No.7. Business positions.
() List "Contractor Associates" interests in real property within 2 radial miles of
Project Property, if any:
15. ( ) Contractor is Real Estate Broker and/or Salesman
Page A-7 of 8
Exhibit A
WPC FN/OME.ENGINEElNJ/UG3/2.92
/f, -.2(/
16. Permitted Subconsultants:
17. Bill Processing:
A. Contractor's Billing to be submitted for the following period of time:
(X) Monthly
() Quarterly
() Other:
B. Day of the Period for submission of Contractor's Billing:
(X) First of the Month (fIxed monthly cost)
() 15th Day of each Month
(X) End of the Month (hourly rate cost for service operated)
() Other:
C. City's Account Number:
.
WPC F.WOME>E.NGlNEEIM/UCN/2.92
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Page A-8 of 8
Exhibit A
COUNCIL AGENDA STATEMENT
Item 12.
Meeting Date 2/23/93
SUBMITTED BY:
Report: DRC-93-21: Pipeline Status and Noticing of Townhome Project
at 1190-92 Fifth Avenue
Director of Planning $!
City Manager9'
(4/5ths Vote: Yes_No.1O
Referral No. 2718
ITEM TITLE:
REVIEWED BY:
On January 26, 1993, Ms. Kay Everitt addressed the Council under Oral Communications about
a concern she had with the status of a project which had originally been approved in 1989 as a
"pipeline" project under Ordinance 2288, but which had subsequently changed ownership and
design. Ms. Everitt also questioned why noticing for a design change approved by the Design
Review Committee on January 25, 1993, was only limited to 300 feet and did not include
individuals who were beyond that radius but had expressed an interest in the project by signing
an earlier petition.
RECOMMENDATION: That Council note and file the report with no further action.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In consultation with the City Attorney's office, it has been confirmed that the project has never
lost its pipeline status. In 1989, the Design Review Committee approved a lO-unit apartment
project for the site. In 1990, prior to the expiration of the one-year DRC approval, the Planning
Commission approved a one-lot, 10-unit tentative subdivision map. Since tentative maps are
good for three years, this extended the project's pipeline status through March 16, 1993.
The design modification approved by the Design Review Committee on January 25, 1993,
involves some minor reconfiguration to the site plan and some architectural changes, but
maintains the lO-unit density and basic site layout, and is thus consistent with the approved
tentative subdivision map. This DRC approval, unless appealed and ultimately denied, will
maintain the project's pipeline status through January 25, 1994. The applicant has a final
subdivision map in process and has submitted a request for an extension of the tentative map,
in case the final map is not completed in a timely fashion. Construction of the project as
apartments or approval of a final map will close the case on the pipeline issue.
I 7--/
Page 2, Item a
Meeting Date 2/23/93
With respect to the issue of ownership, land use entitlements run with the land, not the owner.
Thus a change in ownership does not effect the pipeline status of the project.
Noticing for the Design Review Committee is 300 feet in accordance with the Municipal Code.
Council Policy 400-01 (Resolution 16336, September 1991) expanded the noticing limits for
"land use hearings, e.g., the granting of a land use right such as a general plan amendment,
zone change, conditional use, etc." but not for design issues before the DRC. The petition
referred to by Ms. Everitt was submitted in 1990 in conjunction with the subdivision map and
pipeline issue, and not with respect to a design review issue or application. As a result, there
would have been no way to determine the existence of the petition via the design review history
on the property, and the subject of the petition would not have been considered pertinent to a
design review project.
Ms. Everitt has been supplied a copy of this report and notified of the meeting date. She will
also receive notice of her appeal rights with respect to the DRC decision of January 25, 1993,
as well as notification of any hearing to consider extending the tentative subdivision map on the
project.
FISCAL IMPACT: Not applicable.
(pipeline.Al13)
17"'~
COUNCIL AGENDA STATEMENT
Itemff
Meeting Date 2/23/93
ITEM TITLE:
Public Hearing:
A. GPA-92-02 - Entertaining reconsideration of amendments to the
Public Facilities Element of the General Plan previously adopted
in June 1992, which implement and supplement the approved
County of San Diego Hazardous Waste Management Plan - City
initiated. (continued from February 2, 1993)
B. GPA-92-02A - Consideration of additional amendments to the
Public Facilities Element of the General Plan refining portions of
the June 1992 amendments, and re-stating the City's "fair share"
concepts regarding hazardous waste facilities - City initiated.
(continued from February 2, 1993)
C. PCA-92-02 - Consideration of amendments to Title 19 of the
Municipal Code to define hazardous waste facilities as conditional
uses in the City's industrial zones, and to establish a specific
review procedure for conditional use permit applications for such
facilities consistent with State law - City initiated. (continued from
February 2, 1993)
r. Resolution 17~~ting the proposed General Plan Amendments under
GPA-92-02A.
1).
Ordinance ~ Adding Sections 19.04.107 and 19.58.178 to, and
amending Sections 19.14.070, 19.42.040, 19.44.040 and 19.46.040 of,
the Chula Vista Municipal Code.
;:$1
Director of Planning
City Manager!
(4/Sths Vote: Yes_No...K)
SUBMITTED BY:
REVIEWED BY:
Pursuant to the requirements of State law (AB 2948 (Tanner, 1986)), on June 30, 1992, the City
Council adopted Resolution No. 16794 approving amendments to the Public Facilities Element
of the City General Plan, incorporating necessary provisions related to the management of
hazardous waste and the siting and permitting of hazardous waste facilities within the City,
consistent with the approved County of San Diego Hazardous Waste Management Plan
(COHWMP). Those amendments are attached for reference as Exhibit A.
I '8" I
Page 2, Item It'
Meeting Date 2/23/93
In order to implement the provisions of the amended Public Facilities Element, it is necessary
to amend the City's Zoning Ordinance to establish appropriate conditional use permit review
procedures for hazardous waste facilities, and staff was directed by the City Council to prepare
such amendments for consideration by Resolution No. 16794. The proposed Zoning Ordinance
amendments are attached as Exhibit C.
In the course of preparing the Zoning Ordinance amendments, staff found it necessary to make
additional revisions to the Public Facilities Element to clarify certain aspects of the June 1992
amendments, particularly the City's hazardous waste facility "fair share" concepts. These
additional amendments are attached as Exhibit B.
The Environmental Review Coordinator has determined that the both the additional proposed
amendments to the Public Facilities Element (GPA-92-02A), and the proposed Zoning Ordinance
amendments (PCA-92-02) will not result in significant impacts upon the environment, and has
issued a Negative Declaration under 18-93-14. (Please see Exhibit D).
RECOMMENDATIONS: That the City Council
1. Entertain reconsideration of the prior approval of the June 30, 1992 Public Facilities
Element amendments under Resolution No. 16794, take public testimony, and if no
satisfactory reason appears evident from that testimony, approve a motion denying
reconsideration.
2. Adopt the Negative Declaration prepared under 18-93-14.
3. Approve the General Plan Amendments currently proposed under GPA-92-02A and
contained in Exhibit B.
4. Introduce for first reading the proposed implementing amendments to the Zoning
Ordinance contained in Exhibit C.
BOARDS/COMMISSIONS RECOMMENDATION:
On November 23, 1992, the Resource Conservation Commission (RCC) initially considered the
Negative Declaration under 18-93-14 and continued the matter for further information. On
February 8, 1993, the RCC took final action, recommending approval of the Negative
Declaration to the City Council. (vote 4-1) Minutes are attached.NOTSCANNED
On December 16, 1992, the Planning Commission held a public hearing on the proposed General
Plan and Zoning Ordinance Amendments. At that hearing, the Planning Commission was
presented with a letter from Latham & Watkins (legal counsel for Appropriate Technologies)
objecting to the proposed amendments. The Commission continued the hearing to January 13,
1<6' ,)...
Page 3, Item I K'
Meeting Date 2/23/93
1993 to allow staff sufficient opportunity to review and comment on the merits of those
objections. Staff's responses to that letter are contained in Attachment 1.
The Planning Commission held the continued hearing on January 13, 1993, and based on staff's
review and recommendations regarding Latham & Watkins' objections, and on the evidence
presented, took the following actions:
denied reconsideration of the June 30, 1992 General Plan Amendments. (vote 6-0)
adopted the Negative Declaration under IS-93-14, and recommended the City
Council adopt same. (vote 6-0)
recommended the City Council approve the General Plan Amendments currently
proposed under GPA-92-02A, and introduce for first reading the implementing
amendments to the Zoning Ordinance proposed under PCA-92-02. (vote 6-0)
Planning Commission minutes are attached.
DISCUSSION
Overview of Requirements and Prior AdoDtion
The San Diego County Hazardous Waste Management Plan (COHWMP) was prepared pursuant
to State Assembly Bill 2948 (Tanner, 1986). This legislation, commonly referred to as the
Tanner Act, sets forth the framework for local implementation of changes in federal and state
laws governing the way hazardous wastes should be managed. As required by the Tanner Act,
the COHWMP establishes comprehensive provisions for the safe and effective management of
industrial, small business and household hazardous wastes within the San Diego Region. It was
prepared through a 32 member Advisory Committee which contained representatives from each
of the Region's 18 cities, including Chula Vista. The COHWMP is based upon an approach
which focuses on the need to reduce the volume of wastes produced which require treatment,
and prescribes various planning, processing, siting and permitting requirements to be applied in
evaluating proposals for needed hazardous waste treattnent facilities to ensure the protection of
public health and safety, and the environment. It also contains comprehensive background
information on waste management, and existing and projected waste generation and treattnent
facility needs within the San Diego Region. The COHWMP serves as the primary planning
document providing overall policy direction for the effective management of 100% of the
Region's hazardous waste stream, and is the guide for local decisions regarding hazardous waste
issues.
Each of the jurisdictions in the San Diego Region were to adopt the COHWMP as a policy and
decision making guide through the establishment of local hazardous waste management policies
and provisions consistent with the COHWMP.
I?" ::J
Page 4, Item 18'"
Meeting Date 2/23/93
The Public Facilities Element Amendments adopted on June 30, 1992 under Resolution No.
16794 (see Exhibit A) brought the City into compliance with these requirements, and as allowed
by law, set forth those more specific or stringent planning requirements and siting criteria which
shall be applied in Chula Vista in-lieu of the more general provisions of the COHWMP. Those
refinements have been designed to reflect those more specific local conditions and concerns
regarding hazardous waste management and facility siting proposals, in ensuring the utmost
protection of the health and welfare of citizens, and environmental resources within Chula Vista.
The nature of those refinements is as follows:
a. strong local emphasis on pollution prevention and waste minimization through
source reduction, re-use and recycling of industrial, small business and household
hazardous waste to lessen the need for new or expanded hazardous waste
facilities.
screening processes for local businesses using hazardous materials and
generating hazardous wastes to ensure commitments to waste
minimization.
active promotion of recycling and alternative technologies through the
City's conservation coordinator in cooperation with the County.
b. development of an overall strategy regarding equitable facility sltmg
responsibilities which recognizes the City's waste management commitments and
existing facilities in relation to those of other jurisdictions in a "fair share"
setting. (Please refer to the further fair share discussions on page 6 of this
report) .
c. emphasis of the foremost protection of local public health and safety, and the
environment through the refinement of locational, siting and permitting
requirements for considering hazardous waste facility proposals.
the removal of certain industrial areas from the "general areas" inventory
of lands which are appropriate for considering facility applications. Those
areas removed include Montgomery, Eastlake and Rancho Del Rey
Business Parks, and a portion of the Otay Valley Rd. area.
requirements for preparation of a Health Risk Assessment and any related
technical studies at the discretion of the City for all facility proposals
regardless of their type, size or proximity to existing and future
populations.
1<5'~
Page 5, Item I g"
Meeting Date 2/23/93
refinement of the siting criteria addressing 32 separate subject areas, and
which must be satisfied for a facility to be sited. The criteria are arranged
under the following eight objectives:
Protect the Residents of Chula Vista
Ensure the Structural Stability of the Facility
Protect Surface Water Quality
Protect Groundwater Quality
Protect Air Quality
Protect Environmentally Sensitive Areas
Ensure Safe Transportation of Hazardous Waste
Protect Social and Economic Goals
Staff believes the above referenced refinements provide the City the level of discretion
and control over hazardous waste management issues within the City which will ensure
the protection of local residents, the environment, and economic stability.
Reconsideration of the June 30. 1992 Amendments (GPA-92-02)
During the Planning Commission and City Council public hearing adoption proceedings in June
1992, letters were received from Greenfield Environmental (the parent company of the APTEC
II hazardous waste treatment facility at Gtay Landfill) requesting the opportunity to provide
additional comment on the amendments. The Planning Commission did, at that time, provide
for a continuation of the hearing from June 24, 1992 to June 29, 1992, however, Greenfield
continued to hold the position that this additional time was insufficient.
The current consideration of further clarifying amendments to the Public Facilities Element
under GPA-92-02A also gives occasion to respond to Greenfield's prior request, although not
legally required, for additional opportunity to review and comment on the June 1992
amendments. Accordingly, staff recommends that the City Council entertain reconsideration of
those amendments at this time, along with consideration of the currently proposed clarifying
amendments. Such an approach emphasizes the City's willingness to accommodate desired
input, and allows all parties to review and understand the full scope of General Plan's provisions
regarding hazardous waste management within the City.
For ease of reference, the amendments adopted in June 1992 are contained in Exhibit A, with
amended pages highlighted on colored paper. The currently proposed additional clarifying
amendments being considered under GPA-92-02A are contained in Exhibit B, with pages
involving amendments again highlighted on colored paper.
)~,f
Page 6, Item / r
Meeting Date 2/23/93
Additi.onal Pr.oo.osed General Plan Amendments (GPA-92-02A)
As called far by Res.oluti.on 16974, staff was t.o prepare amendments t.o the Z.oning Ordinance
necessary t.o implement the pr.ovisi.ons .of the June 30, 1992 Public Facilities Element
amendments. During the c.ourse.of preparing the implementing .ordinance, and based principally
up.on input fr.om the C.ounty Department .of Health Services Hazard.ous Materials Management
Divisi.on, staff f.ound it necessary t.o further clarify certain pr.ovisi.ons .of the prior amendments,
mast .of which are min.or in nature and c.onsidered technical clean up. (Please refer t.o Exhibit
B which indicates amended pages .on c.ol.ored paper far ease .of reference).
The single substantive amendment inv.olves a restatement .of the City's "fair share" provisi.ons
regarding the review and approval .of hazard.ous waste facility prop.osals, and is c.ontained .on
pages 3-57 t.o 3-61 .of Exhibit B. Simply stated, "fair share" relates t.o the fact that the minimum
ec.on.omically viable size far any hazard.ous waste treatment facility will likely result in its
providing services t.o an area bey.ond the jurisdicti.on in which it is l.ocated, and in same instances
bey.ond the c.ounty in which it is l.ocated depending .on the type .of waste treated. This effectively
means that n.ot all jurisdicti.ons will be facility h.osts. Theref.ore, the issue arises .of haw t.o
ensure that n.o .one jurisdicti.on bears an undue burden far regi.onal .or multi-regi.onal treatment
facility needs, and that all jurisdicti.ons equitably rec.ognize treatment resp.onsibilities as they all
generate hazard.ous wastes.
The COHWMP addresses these issues thr.ough Fair Share Principles and a Fair Share F.ormula
which require each c.ounty t.o fully address its waste treatment needs thr.ough either siting
facilities within its b.orders, and/.or establishing interg.overnmental agreements far treatment
capacity at facilities in .other c.ounties. In .order t.o assure that n.o .one l.ocal jurisdicti.on .or
subregi.onal area bec.omes excessively burdened far c.ounty-wide.or multi-c.ounty treatment needs,
the Principles and F.ormula enc.ourage facility siting where there is a substantial unmet need far
the type(s) .of treatment which the facility w.ould provide. The F.ormula pr.ovides an all.ocati.on
.of needed small and large facilities am.ong S.outhern Calif.ornia c.ounties based .on their waste
generati.on, with the intent that sites be s.ought as cl.ose t.o the maj.or generating s.ources as
p.ossible.
In .order t.o c.onsistently translate these mare general, ge.ographically broad based principles .of
the COHWMP int.o mare succinctly stated c.oncepts which can be readily underst.o.od and applied
in evaluating specific facility prop.osals within the City, staff has devel.oped a f.our-tiered
appr.oach which acc.omm.odates increasingly larger sized facilities pr.ovided certain c.onditi.ons are
dem.onstrated by the applicant. In .overview, th.ose tiers are:
a. relates facility size t.o unmet treatment needs within a reas.onable service area .of
the pr.op.osed facility, based .on the l.ocati.on .of the generating s.ources in
c.omparis.on t.o c.ounty-wide treatment needs.
J<r" ~
Page 7, Item J ("
Meeting Date 2/23/93
b. allows a facility size beyond that determined by reasonable service area needs,
if such increased size is necessary for minimum economic viability.
c. allows a facility size beyond both of the above if there are no other locations in
the county capable of permitting the siting of a facility, and/or the use of
intergovernmental agreements to handle all or a portion of the proposed facility
capacity is infeasible.
d. allows a facility size beyond, and regardless of, the above unless the City has
already accepted a fair and reasonable share of regional serving land uses
generally considered adverse, including but not limited to prisons, landfills, and
power plants, etc. In applying this criterion, consideration could be given to the
number, size and length of time such uses (including hazardous waste facilities)
have existed or are planned to exist in the City.
To ensure that adequate opportunity was provided for interested parties, including Greenfield
Environmental (the parent company of the APTEC II hazardous waste treatment facility at Otay
Landfill) and Latham & Watkins (legal counsel for APTEC), to review and comment on the
proposed General Plan and Zoning Ordinance Amendments, staff distributed a cover letter and
copies for initial input between the period of October 12 to 27, 1992, and for final input between
the period of November 18, 1992 and December 4, 1992. The latter routing asked for comment
submittal no later than December 4. No comments were received during either of these review
periods.
However, on Monday, December 7, 1992 the Planning Department received a letter dated
December 4, 1992 from Latham & Watkins (Attorneys for APTEC II), stating on behalf of
APTEC II their belief that, due to time prescriptions in the Tanner Act, the City was effectively
without jurisdiction to act upon the currently proposed General Plan Amendments, and that the
item should be removed from the Planning Commission agenda. While the letter very briefly
stated their belief "... that Proposed Amendments are deficient in several respects...", no
substantive discussion was provided as to those alleged deficiencies. The letter did go on to state
that should the City decide to proceed in this matter, APTEC will submit additional comments
at or prior to the. hearing.
In a letter dated December 10, 1992, the Planning Department responded to Latham & Watkins'
December 4, 1992 letter, and indicated that the matters would be heard as scheduled at 7:00
p.m. on December 16, 1992.
At 5:30 p.m. on December 16, 1992, the Planning Department received a letter of response
from Latham & Watkins, reiterating many of their and Greenfield Environmental's previous
claims, but in addition more substantive comments were provided for the first time on specific
portions of the June 30, 1992 General Plan Amendments (GPA-92-02), and on the currently
proposed additional amendments (GPA-92-02A). That letter was presented to the Planning
/1"7
Page 8, ltemLt'
Meeting Date 2/23/93
Commission at the 7:00 p.m. hearing. Given the inability to adequately review and respond to
the letter's claims, the Commission granted staff's request to continue the hearing to the next
regular business meeting of January 13, 1993.
Staff reviewed the December 16, 1992 letter, and provided responses which the Commission
considered, and which are contained in Attachment 1 to this report. For clarity, that Attachment
inserts staff responses at appropriate points within the body of the letter.
On January 4, 1993, the Planning Department received another letter from Latham & Watkins
indicating preservation of their option to further comment in conjunction with the City Council's
consideration of the amendments. No additional letters or testimony were presented at the
January 13, 1993 Planning Commission hearing.
Based on review of the above letters, the Tanner Act, the COHWMP, and the City's General
Plan provisions, staff has found that reconsideration of the June 30, 1992 General Plan
amendments (GPA-92-02) adopted under Resolution No. 16794 is not warranted, and that the
currently proposed additional General Plan Amendments (GPA-92-02A)(see Exhibit B), and
Implementing Ordinance (PCA-92-02)(see Exhibit C) are consistent with the provisions of State
law and the COHWMP. Staff did however, make minor revisions to criteria nos. 4, 5, 7, and
8 on pages 3-47 and -48 of Exhibit B, to clarify the City's intent in response to Latham &
Watkins letter. Furthermore, it is the advice of the City Attorney that the City Council has
jurisdiction to hear the matters as scheduled.
Proposed Implementing Amendments to the Zoning Ordinance
As previously noted, Resolution No. 16794 called for the preparation of Zoning ordinance
amendments necessary to implement provisions of the amended Public Facilities Element. The
focus of the Zoning Ordinance amendments is to define hazardous waste facilities, and to
establish a specialized conditional use permit application and review procedure consistent with
the provisions of the Tanner Act contained in Section 25199 et seq. of the California Health and
Safety Code.
Those provisions of State law delineate unique procedural requirements for local consideration
of hazardous waste facility proposals which, in summary, include the following:
a. a 90 day pre-application period.
b. ongoing coordination with the State Office of Permit Assistance (OPA), affected
agencies such as the State and County Departments of Health Services, Regional
Water Quality Control Board, and the Air Pollution Control District, and the
public and affected local jurisdictions.
c. a particular series of public notification and input meetings.
d. Appointment by the City of a Local Assessment Committee whose membership
is specifically structured, and whose role is to serve in an advisory capacity to the
/8',r
Page 9, Item 18"
Meeting Date 2/23/93
City with respect to identifying the terms and conditions under which a proposed
facility may be acceptable to the community.
e. role and relation of environmental documents and health risk assessments in the
review process.
e. time frames for various portions of the review process.
f. the creation of Technical Assistance Grants which may be used by the LAC to
commission consultants or studies necessary to assist in the review of the project
and related technical documents, and in formulation of their recommendations.
g. an appeal process for local project decisions through the State Governor's Office.
Pursuant to the above, following is a summary of the proposed Zoning Ordinance Amendments
contained in Exhibit C:
a. Adds Section 19.04.107 defining hazardous waste facilities.
b. Adds Section 19.58.178 adding further definitions, setting forth the specific
conditional use permit application and review procedures unique to hazardous
waste facility proposals, defining the LAC formation process and their role in
decision making, prescribing the required series of public information and input
meetings, indicating the role and preparation requirements for environmental and
health risk assessments, prescribing the process for initial General Plan
consistency determinations, outlining the process and guidelines for obtaining and
using Technical Assistance Grants, and delineating additional findings required
for the issuance of a conditional use permit for a hazardous waste facility.
c. Amends Section 19.14.070 modifying the conditional use permit administrative
procedure to require the additional findings, and requiring consideration of the
use permit by both the Planning Commission and City Council, with the Planning
Commission's action forming a recommendation rather than a decision subject to
appeal, and making the City Council's action final.
d. Amends Sections 19.42.040, 19.44.040, and 19.46.040 to establish hazardous
waste facilities as conditional uses in the City's I-R, I-L, and I zones respectively,
subject to the provisions of Section 19.58.178 previously outlined.
FISCAL IMPACT: Not applicable
(hwordcc.rpt)
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File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING DATE d / ~ 3/o.~Q."
SUBJECT ~ .0..... J>.f., .b ~ I q ~
LOCATION
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SENT TO STAR NEWS FOR PUBLICATION .- BY FAX /; BY HAND ; BY MAIL
PUBLICATION DATE .:l J, 3../ q 3 - -
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK a/" I #J 3,
COPIES TO:
Administration (4) v"
Planning v"
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Originating Department
Engineering~/
Others
City Clerk's Office (2)
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POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
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/~/ ) /
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL OF the City of Chula Vista, California for the purpose of considering certain amendments
to the Public Facilities Element of the City General Plan, and amendments to the City's Zoning Ordinance
(Title 19 of the Chula Vista Municipal Code), pertaining to hazardous waste management, and the siting
and permitting of hazardous waste facilities within the City. The proposed General Plan amendments
consist of the potential reconsideration of the amendments approved in June 1992, which adopted
applicable provisions of the San Diego County Hazardous Waste Management Plan as required by State
law (AB 2948, Tanner (1986)); along with several additional, new amendments which are intended to
refine the previous amendments to the Public Facilities Element, particularly "fair shar.e" concepts
regarding hazardous waste facilities. The proposed Zoning Ordinance amendments are intended to
implement provisions of the Public Facilities Element amendments, and define hazardous waste facilities
as conditional uses in the City's industrial zone classifications, and establish specific application and
procedural requirements for considering conditional use permits for such facilities consistent with the
provisions of State law.
The Addendum to the Final Environmental Impact Report for the Hazardous Waste Management Plan-
County of San Diego (dated July 10, 1989, Sch. # 87120222) previously prepared by the City under EIR-
92-03, and considered in conjunction with the June 1992 amendments to the Public Facilities Element,
may be reconsidered. The City's Environmental Review Coordinator has determined that the new
proposed additional revisions to the Public Facilities Element, and the proposed Zoning Ordinance
amendments will not result in significant environmental effects, and has issued a separate Negative
Declaration under IS-93-14.
Copies of the proposed amendments, the Addendum, and the Negative Declaration are on file in the
office of the City Planning Department. Any petitions to be submitted to the City Council must be
received in the office of the City Clerk no later than noon of the hearing date specified in this notice.
If you wish to challenge the City's action on these amendments in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesdav. February 23.
1993 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time
any person desiring to be heard may appear.
DATED:
CASE NO's:
February 9, 1993
EIR-92-03; IS-93-14; GPA-92-02/02A; PCA-92-02
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the Americans With Disabilities Act, requests individuals wbo
require special accommodation to access, attend and/or participate in a City meeting, activity or service
request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and
activities. Please contact Nancy Ripley for information or your request at (619) 691-5101. California Relay
Service is available for the hearing impaired.
I ~> J;L
TELEFAX COVER LETIER
Telecopier No. (619) 425-6184
DATE:
a//e)lq~
TO: Star News Lesrnl / Julie
FAX NO: (619) 426-6346
FROM: ~ C!.o.uJL, ~ !c..v
SUBJECT: r ~ \4u' '. 'J ~ n ..;t',. ,
TOTAL NO. PAGES (including cover): d.
PUBUCATION DATE:
.;l / /31 q:2;,
If all pages are not received, please call Lorna @ (619)691-5041.
) ~~ /3
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Considering certain amendments to the City's Zoning Ordinance, (Title 19)
pertaining to hazardous waste management and the siting and permitting of
hazardous waste facilities in the City.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
February 23, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: February 10, 1993
Beverly A. Authelet
City Clerk
)15'--)/
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* ' P.Ol *
* . TRANSACT JON REPORT *
* . FEB-I0-93 WED 14: 33 *
* ' *
* DATE START RECEIVER TK TIME PAGES TYPE NOTE *
* *
* FEB-I0 14:31 STAR NEWS LEGAL 1'14" 2 SEND OK *
* *
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.'\".
'.
PROOF OF PUBLICATION
(2015.5 C.C.P.) .
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am OVer
the age of eighteen Years, and not a party to
or interested in the above-entitied 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
San Diego, Stale of California, under the dale
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smalle,' than nonpareil), has
been published In each regular and' entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
Proof of Publication of:
~
.........:;:?~.:.;;.~:................................................~."::~~......~:.......
::; 1::
l
all in the year 19.....:.::...
I certify (or declare) under penalty of perjury that
the foregoing is true and_ correct.
Dated at .
Cnulc. 'Ijist.s
l' . F'
. . . c eD
Cahfornla, thIS ............... day of ..........................,
19......~.~...........................
Signature
,J~, i f I~' ; ,):"1: " I ..) (;_
" '~~/.2LGL
I r ~/7
LATHAM & WATKINS
PAUL A. WATKINS (1899-1973)
DANA LATHAM (1898-1874)
ATTORNEYS AT LAW
701 'B' STREET, SUITE 2100
SAN DIEGO. CALIFORNIA 92101-8197
TELEPHONE (619) 236.1234
FAX (619) 696-7419
TLX 590778
ElN 62793276
CHICAGO OFFICE
SEARS TOWER, SUITE 15800
CHICAGO, ILLINOIS 60808
TELEPHONE (312) 878-7700
FAX (312) 993-9767
LONDON OFFICE
ONE ANGEL COURT
LONDON EC2R 7DH ENGLAND
TELEPHONE 071-374 4444
FAX 071-374 4480
LOS ANGELES OFFICE
833 WEST FIFTH STREET, SUITE 4000
LOB ANGELES, CALIFORNIA 80071-2007
TELEPHONE (213) 485-1234
FAX (213) 881-8783
February 23, 1993
By Hand Delivery
Members of the Chula Vista City Council
Council Chambers
Public Services Building
276 4th Avenue
Chula Vista, California 91910
~ /8'"
NEW YORK OFFICE
8S5 THIRD AVENUE, SUITE 1000
NEW YORK, NEW YORK 10022-4802
TelEPHONE (212) 808-1200
FAX (212) 751-4884
ORANGE COUNTY OFFICE
S50 TOWN CENTER DRIVE, SUITE 2000
COSTA MESA, CALIFORNIA 92828.1925
TELEPHONE (714) 540-1235
FAX (714) 755.8290
SAN FRANCISCO OFFICE
505 MONTGOMERY STREET, SUITE 1900
SAN FRANCISCO, CALIFORNIA 94111.2562
TELEPHONE (415) 391-0800
FAX (415) 395.8095
WASHINGTON. D.C. OFFICE
1001 PENNSYLVANIA AVE., N.W., SUITE 1300
WASHINGTON, O.C~,20~04'i!505
TELEPHONE (202) 837-2200
FAX (202) 837.2201-..
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Re: City Implementation of the County of San Diego
Hazardous Waste Management Plan
Ladies/Gentlemen:
I write to comment on the proposed General Plan Amendments and
Zoning Ordinances (the "Proposed Amendments") regarding the City of Chula Vista's
(the "City") implementation of the County Hazardous Waste Management Plan (the
"COHWMP"), and on the reconsideration of the Amendments which the City Council
adopted on June 30, 1992. These matters are on this evening's City Council agenda. I
submit the following comments on behalf of Appropriate Technologies II, Inc. ("Aptec").
We have submitted comments in connection with hearings conducted by the City
Planning Commission and the Resource Conservation Commission. The Planning
Department created an attachment to its staff report in which it addressed the comments
which we made to the Planning Commission in our letter dated December 16, 1992. We
incorporate our comments herein. I write to voice Aptec's continued opposition to the
adoption of the June 30, 1992 Amendments, to the Proposed Amendments, and to the
City's course of conduct in this regard.
For almost a decade, Aptec has been operating a state-of-the-art hazardous
waste treatment, recycling and transfer station at its present site. By doing so, Aptec has
been providing an invaluable service to the County of San Diego in general and to Chula
SD97\WP51\APTEC\Commtcc.223
J>f/' /g/
LATHAM &: WATKINS
Members of the Chula Vista City Council
February 23, 1993
Page 2
Vista in particular. Aptec's facility, the only one of its kind in the region, has been in the
forefront of developing safer and more efficient types of hazardous waste treatment
technology. Organs at virtually all levels of federal and state governments have declared
that the development of such technology is essential to the proper management of
hazardous waste in the United States. In addition to performing its extensive on-site
services, Aptec responds to spills on highways and releases from businesses, assists the
United States Customs Service with border inspections of potentially hazardous materials
and assists local and federal law enforcement agencies in decontaminating illegal drug
labs. In awarding its service agreement to Aptec, the County of San Diego stated that
the "continued operation of [Aptec's] facility is an important part of the County's regional
hazardous materials treatment strategy" and that the closure of Aptec's facility would
create a "lapse of Service to the County's industries" and would cause "an increase in
illegal disposal incidents which would impact public health and safety and the
environment."
In view of the tremendous benefits which Aptec provides to the City and
the County, we urge the City to put an end to the costly and protracted legal battle
through which the City has attempted to drive Aptec out of Chula Vista. If this conflict
continues, it will have deleterious consequences for the County and will create a further
drain on the resources of the City by virtue of continued litigation. If the City is earnest
in its assurances that its actions are not aimed at Aptec, we invite the City Council to
include Aptec in a "grandfather clause" which would preclude the June 30, 1992
Amendments and the Proposed Amendments from having any effect on the operation of
Aptec's facility. This explicit exemption would allay Aptec's deep concerns regarding the
City's current course of action and will obviate the necessity for Aptec to pursue this
matter further -- either through litigation or further attempts to effect the City's
legislation on this topic. We urge the City Council to recognize that this solution will not
only preserve the operation of a valued facility, but will save the City the large
expenditures which protracted litigation requires.
A. City Council Should Rescind the June 30. 1992 Amendments
We note that reconsideration of the Amendments which the City Council
adopted on June 30, 1992 is on the agenda for this evening. We are pleased that the
City Council is scheduled to reconsider the June 30, 1992 Amendments and we
appreciate the opportunity to comment on that prospect. In sum, we believe that the
City Council should rescind those Amendments due to the fact that they were illegally
enacted.
SD97\WP51\APTEC\Commtcc.223
/ '[5//7
LATHAM & WATKINS
Members of the Chula Vista City Council
February 23, 1993
Page 3
1. The City Cannot Rely On Its June 30. 1992 Amendments
Aptec has chaIlenged, in federal court, the City's enactment of the June 30,
1992 Amendments due to the City's failure to comply with the notice provisions of CaI.
Gov't Code ~~ 65090 and 65091. See Appropriate Technologies II. Inc. v. City of Chula
Vista, Case #921668K (S.D.Cal.). We incorporate by reference all claims asserted
therein. Among other defects, the City failed to provide the required 10 days' notice in
scheduling the Planning Commission and City Council hearings on this matter. In failing
to provide adequate notice of these hearings, the City also failed to provide Aptec with
sufficient time to provide meaningful comments. After the Planning Commission
approved the Amendments on June 29, 1992, the City Council adopted the Amendments
at a hearing on the very next day. This procedure was violative of the notice
requirements of the California Government Code and the City Council should therefore
rescind these illegaIly enacted Amendments.
Moreover, to the extent that the Proposed Amendments are dependent on
the June 30, 1992 Amendments, they are also tainted by the lack of proper notice in the
enactment of those Amendments, and for the other reasons alleged in Aptec's federal
lawsuit and below.
2. The City's Reliance On An EIR Addendum To Support The
June 30. 1992 Amendments Violates CEOA
The "Addendum To The County of San Diego Hazardous Waste
Management Plan Environmental Impact Report" ("EIR Addendum") appears to violate
both procedural and substantive requirements of the California Environmental Quality
Act ("CEQA"). The Notice of today's City Council hearing indicates that the EIR
Addendum "previously prepared by the City under EIR-92-03, and considered in
conjunction with the June 1992 amendments. . . may be reconsidered." Aptec objected
to the City's reliance on this EIR Addendum in enacting the June 30, 1992 Amendments
and renews its objection to the City's reliance on the EIR Addendum today.
CEQA procedural standards do not aIlow the City to proceed by an EIR
Addendum with respect to the June 30, 1992 Amendments. An EIR Addendum is
inadequate because the Amendments have the potential for new significant
environmental impacts which are not accounted for in the EIR prepared for the
COHWMP. We urge the City to perform the environmental review mandated by CEQA
SD97\WP51\APTEC\Commtcc.223
/ ~> J-lJ
LATHAM 8< WATKINS
Members of the Chula Vista City Council
February 23, 1993
Page 4
Additionally, the EIR Addendum is substantively inadequate because it
completely lacks any substantive discussion of the environmental impact of modifying
siting and other requirements for hazardous waste facilities in Chula Vista. For example,
the EIR Addendum fails to discuss the significance of the environmental impact of
"implement[ing] more restrictive hazardous waste regulations." This enactment can have
a substantial impact on the rest of the Southern California region.
Accordingly, the June 30, 1992 Amendments were not enacted in
accordance with the requirements of CEQA The City Council should therefore rescind
these illegally enacted Amendments.
3. The June 30. 1992 Amendments Are Preempted by Federal and
State Law
As detailed in Aptec's federal complaint against the City, the June 30, 1992
Amendments are preempted by federal and state provisions which establish
comprehensive legislative strategies for managing hazardous waste. These arguments are
set out below in relation to the Proposed Amendments and they are incorporated herein.
B. City Council Should Reiect the Prooosed Amendments
As a threshold matter, The Tanner Act requires the City to consider and
act upon the Proposed Amendments within 180 days of the County's written notification
that its COHWMP had been approved by the state. Cal. Health & Safety Code
~ 25135.7(c). The County informed the City of this approval on January 6, 1992. As the
City itself has recognized, the 180-day period lapsed on July 4, 1992, and the City is now
without jurisdiction to effect any modifications to the COHWMP's application in the City.
The City has already recognized this limitation on its authority. In its
report supporting the Planning Commission's June, 1992 meeting on this matter, the City
acknowledged that its authority for taking action regarding the COHWMP would expire
on July 4, 1992.
If, however, the City Council nevertheless chooses to proceed with
consideration of the Proposed Amendments, which would constitute a futile exercise, we
submit the following comments.
SD97\WP51\APTEC\Commtcc.223
) ~-cJ- /
\ <'
LATHAM'" WATKINS
Members of the Chula Vista City Council
February 23, 1993
Page 5
1. The Proposed Amendments are Preempted by Federal Law
Contrary to the City's claim, the mere existence of the Tanner Act does not
authorize the City to enact ordinances which are inconsistent with federal law. In fact,
the Supremacy Oause of the United States Constitution explicitly directs that federal law
is to prevail over conflicting state and local laws. The Proposed Amendments, by
effecting de iure and de facto bans on hazardous waste facilities in Chula Vista, are
precisely the sort of conflicting local legislation which is preempted by the comprehensive
federal scheme enacted by Congress to address the management of hazardous waste.
In addition, while the City has attempted to distinguish Ogden
Environmental Services v. City of San Diego, 687 F. Supp. 1436 (S.D.Cal. 1988), in its
responses to Aptec's comments, the City Council should recognize that what the City is
attempting to do with regard to hazardous waste facilities in Chula Vista is even more
violative of federal and state laws than the actions of the City of San Diego in Ogden
which were found to be impermissible. While the City of San Diego at least entertained
Ogden's application for a Conditional Use Permit ("CUP"), Chula Vista has taken steps,
such as the emergency moratorium on CUP applications, to preclude an operator of a
hazardous waste facility from even applying for a CUP. In addition, the City's conduct
has been aimed at driving out a facility which has been operating for a decade, rather
than solely attempting to prevent a new facility from being sited within the City.
2. The Prooosed Amendments Violate the Commerce Oause of the
United States Constitution
By the City's own admission, the Proposed Amendments will erect barriers
to the siting of hazardous waste facilities which are (at least) more stringent than the
barriers which exist elsewhere in San Diego County. Chula Vista's actions and its
Proposed Amendments clearly indicate the City's desire to prevent the operation of any
hazardous waste facilities within its borders. The outright refusal to participate in the
management of hazardous waste and efforts to direct hazardous waste to areas outside of
Chula Vista go far beyond merely "protecting the health and safety of the City's residents
and businesses," as the City Planning Department claims. The Commerce Clause has
been invoked many times to invalidate local ordinances enacted for the purpose of
avoiding the commercial traffic of undesirable goods. As with many of its other concerns,
Aptec's concern in this regard would be alleviated by a "grandfather clause" of the type
referred to above.
SD97\WP51\APTEC\Commtcc.223
) 'f5/)~
LATHAM & WATKINS
Members of the Chula Vista City Council
February 23, 1993
Page 6
3. The Proposed Amendments Are Preempted by State Law and
Violate the Tanner Act
We ask the City Council to note the vagueness and ambiguity inherent in
some of the City's siting criteria. As the Planning Department's responses to our
previous comments note, the "active portion of a facility shall be subject to additional
setbacks and buffering from the property boundary." This is just one example of the
City's attempts to reserve to itself virtually limitless discretion, far beyond the discretion
which the COHWMP contemplated would be accorded to local jurisdictions.
Furthermore, the Planning Department's responses to our comments
mischaracterize the health risk assessment ("HRA") provisions of the COHWMP. The
COHWMP states: "When facilities handling ignitable, volatile or reactive wastes are
located within 2,000 feet of residential development, a risk assessment can be required by
the local jurisdiction." COHWMP, Appendix IX-A, p. 3. By requiring an HRA to be
performed regardless of the nature or proximity of the proposed facility to population
centers, Chula Vista has acted inconsistently with the COHWMP and has placed yet
another burden on a hazardous waste facility's attempt to obtain a CUP for operation in
the City.
In the area of fair share principles, the City's four-tier approach is clearly
designed to make Chula Vista the city of absolutely last resort for the siting of hazardous
waste facilities. First, the City has correctly recognized "the fact that the minimum
economically viable size for any hazardous waste treatment facility will likely result in its
providing services to an area beyond the jurisdiction in which it is located, and in some
instances beyond the county in which it is located, depending on the type of waste
treated." The City's fair share criteria, however, allow a facility of a size beyond that
which is necessary to service its "reasonable service area" only "if there are no other
locations in the County capable of permitting the siting of a facility and/or the use of
intergovernmental agreements to handle all or a portion of the proposed facility capacity
are infeasible."
If every city in San Diego County assumed a posture of last resort similar
to Chula Vista's, the achievement of a State- and County-wide cooperative plan for the
management of hazardous waste which is mandated by the Tanner Act would be
impossible. The Tanner Act was never intended to challenge cities to enact the most
burdensome siting criteria possible. On the contrary, the Tanner Act's purpose was to
require cooperation among local jurisdictions in order to ensure proper management of
SD97\WP51\APTEC\Commtcc.223
)g>;lJ
LATHAM & WATKINS
Members of the Chula Vista City Council
February 23, 1993
Page 7
hazardous waste. Chula Vista's attempts to direct hazardous waste facilities elsewhere
directly violate the Tanner Act.
4. The City's Reliance on a Negative Declaration to Support the
Proposed Amendments and Implementing Ordinances Violates
CEOA
As we discussed in our December 16, 1992 and January 12, 1993 letters to
the Planning Commission and in our February 8, 1993 letter to the Resource
Conservation Commission, CEQA requires an EIR to be performed when the
contemplated action may cause significant environmental impacts. Because the Proposed
Amendments and implementing ordinances would cause facilities to be sited outside of
Chula Vista, whether because these measures are "merely more stringent" than the
COHWMP as Chula Vista claims, or are inconsistent with the COHWMP as Aptec
argues, a significant adverse environmental impact may occur. Common sense dictates
that when an individual city makes the siting of hazardous facilities much more difficult
within its borders than neighboring jurisdictions, such facilities will more frequently be
sited in those other jurisdictions. This obvious result carries with it the potential of
significant adverse environmental impacts, which necessitates the preparation of an EIR.
We once again urge the City Council to perform the environmental review mandated by
CEQA.
In conclusion, we submit these comments to object to the City's attempt to
preclude the siting of hazardous waste facilities within the City's borders. As discussed
above, and in our previous correspondence, this attempt violates numerous federal and
state laws. We urge the City Council to recognize the illegality of its course of action,
ask that the City Council rescind the June 30, 1992 Amendments and that it reject the
Proposed Amendments.
~~- ~~.
oman Lifson
of LATHAM & WATKINS
cc: Tom Vernon, Esq.
Mr. Kelly P. McGregor
SD97\WP51 \APTEC\Commtcc. 223
/ f- 021
ORDINANCE NO. ,;.5" 'I ~
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS
19.04.107 AND 19.58.178 TO, AND AMENDING SECTIONS 19.14.070,
19.42.040,19.44.040, AND 19.46.040 OF, THE CHULA VISTA MUNICIPAL
CODE TO ESTABLISH DEFINITIONS, REQUIREMENTS AND
PROCEDURES FOR THE REVIEW AND APPROVAL OF CONDITIONAL
USE PERMITS FOR HAZARDOUS WASTE FACILffiES.
WHEREAS, on June 30, 1992, the City Council adopted amendments to the Public
Facilities Element of the City General Plan incorporating provisions related to the management
of hazardous wastes, and the siting and permitting of hazardous waste facilities as required by
State law (Resolution No. 16794); and
WHEREAS, on February 23, 1993, the City Council adopted additional amendments to
the Public Facilities Element of the City General Plan to refine and clarify certain aspects of the
aforementioned June 30, 1992 amendments (Resolution No. ----J; and
WHEREAS, in order to fully implement the provisions of the amended Public Facilities
Element it is necessary to amend the City's Zoning Ordinance, and staff was directed by the City
Council to complete said ordinance amendments; and
WHEREAS, the Zoning Ordinance amendments define hazardous waste facilities as
conditional uses in the City's industrial zone classifications, provided that the facility is also
located within one of the "general areas" designated in the General Plan Public Facilities
Element as an area appropriate for the consideration of such facilities; and
WHEREAS, the amendments establish a specific review procedure for hazardous waste
facility conditional use permit applications consistent with State law; and
WHEREAS, in addition to the normal findings required for a conditional use permit, the
amendments would require the Planning Commission and City Council to find that the proposed
facility complies with the "General Areas" policies, siting criteria, and "fair share" principles
of Section 5.5 of the General Plan Public Facilities Element, and with the County of San Diego
Hazardous Waste Management Plan; and
WHEREAS, the amendments provide for a public hearing before both the Planning
Commission and City Council, with the Planning Commission action forming a recommendation
rather than a decision subject to appeal; and
WHEREAS, the Environmental Review Coordinator has determined that the amendments
will result in no significant impacts upon the environment, and has issued a Negative Declaration
under IS-93-14; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
/H'f)-I
Ordinance No._
Page 2
proposed amendments on December 16, 1992, and a continuation hearing on January 13, 1993,
and recommended that the City Council introduce for first reading the proposed ordinance
amendments; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed Zoning
Ordinance Amendments on February 23, 1993.
. NOW THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 19.04.107 is hereby added to the Chula Vista Municipal Code
to read as follows:
Chapter 19.04
DEFINITIONS
19.04.107 H~7Jlrdous Waste Facility
A "H~7~T4ous Waste Facility" means. as applicable. a h~7JlTdous waste facility nroiect.
iij)ecified h~7Jlrdous waste facility. snecified h~7Jlrdous waste facility project. or land disposal
facility as defined in Section 25199.1 of the California Health and Safety Code. and shall include
any structures. other appurtenances. and improvements on the land. and all contil!uous land.
used for the treatment. transfer. stora~e. resource recovery. disoosal. or recyclinl! ofh~7Jlrdous
waste.
SECTION II: That Section 19.14.070 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.14
ADMINISTRATIVE PROCEDURES, CONDmONAL USES AND VARIANCES
19.14.070 Conditional use permit-Application-Fee-Public hearing.
A.. Applications for conditional use permits or modifications thereto shall be made to the
Planning Commission in writing on a form prescribed by the Planning Commission and shall be
accompanied by plans and data sufficient to show the detail of the proposed use or building.
The application shall be accompanied by a fee as presently designated, or as may in the future
be amended, in the master fee schedule. The director of planning shall cause the matter to be
set for hearing in the same manner as required for setting zoning matters for hearing. The
director of planning or the Planning Commission shall have the discretion to include in the notice
of the hearing on such application notice that the planning commission will consider
classifications of other than that for which application is made an/or additional properties and/or
uses.
/8' l) ....l
Ordinance No._
Page 3
In those cases where the application conforms to the requirements of Section 19.14.030A, the
application shall be directed to the zoning administrator.
B... In the case of h1l7"rdous waste facilities as defined in Section 19.04.107. ap'plications for
conditional use permits or modifications thereto shall be made pursuant to Section 19.58.178.
and shall be considered by the Plannini: Commission with a recommendation to be forwarded
to the City Council for final review and action. The requirements of Section 19.14.090 shall
apply to both the Plannini: Commission recommendation and the City Council resolution with
the followini: modifications:
l.. The written findini:s. in addition to the requirements of Section 19.14.080. shall address
those matters as set forth in Section 19.58.178K.
2... The decision of the Planning Commission shall constitute a recommendation only. and
shall not become final or subject to anpeal as provided in Sections 19.14.100 to
19.14.130.
l.. The City Council's decision shall be considered final. and the City Clerk shall transmit
a cony of the resolution as provided by Section 19.14.130.
SECTION III: That Section 19.42.040 of the Chu1a Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.42
I-R - RESEARCH INDUSTRIAL ZONE
19.42.040 Conditional uses
Conditional uses permitted in an I-R zone include:
A. Retail commercial uses necessary to serve the I-R zone;
B. Manufacture of pharmaceuticals, drugs and the like;
C. Building height in excess of three and one-half stories or forty-five feet;
D. Unclassified uses, as set forth in Chapter 19.54.
E. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
18'[)-;J
Ordinance No._
Page 4
F. Recycling collection centers, subject to the provisions of Section 13.58.340.
Q.. H~7",rdous waste facilities. subiect to the provisions of Section 19.58.178
SECTION IV: That Section 19.44.040 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.44
I-L - LIMITED INDUSTRIAL ZONE
19.44.040 Conditional uses
Conditional uses permitted in an I-L wne include:
A. Machine shop and sheet metal shop;
B. Service stations, subject to the conditions in Section 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions of Section 19.58.120;
F. Major auto repair, engine rebuilding and paint shops;
G. Commercial parking lots and garages;
H. Plastic and other synthetics manufacturing;
I. Building heights exceeding three and one-half stories or forty-five feet;
J. Unclassified uses as set forth in Chapter 19.54;
K. Trucking yards, terminals and distributing operations;
L. The retail sale of such bulky items as furniture, carpets and other similar items;
M. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale
/fJI'p"'y
Ordinance No._
Page 5
of goods and, retail uses which are related to and supportive of existing, on-site retail
distribution centers of manufacturers' outlets. Conditional use permit applications for the
establishment of retail commercial uses, covered by the provisions of this subsection,
shall be considered by the city council subsequent to its receipt of recommendations
thereon from the planning commission.
N. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
O. Recycling collection centers, subject to the provisions of Section 19.58.340.
f... H~7>lrdous waste facilities. subject to the provisions of Section 19.58.178.
SECTION V: That Section 19.46.040 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.46
I - GENERAL INDUSTRIAL ZONE
19.46.040 Conditional uses
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subject to the provisions of Sections 19.58.280;
D. The retail sale of such bulky items as furniture, carpets and other similar items;
E. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale
of goods and, retail uses which are related to, and supportive of existing, on-site retail
distribution centers or manufacturers' outlets. Conditional use permit applications for
the establishment of retail commercial uses, covered by the provisions of this subsection,
shall be considered by the city council subsequent to its receipt of recommendations
thereon from the planning commission;
F. The following uses covered by this subsection, shall be considered by the city council
subsequent to its receipt of recommendations thereon from the planning commission:
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Ordinance No._
Page 6
1. Brewing or distilling of liquor, or perfume manufacture,
2. Meat packing,
3. Large scale bleaching, cleaning and dyeing establishments,
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automobile salvage and wrecking operations, and industrial metal and waste rag,
glass or paper salvage operations; provided, that all operations are conducted
within a solid screen not less than eight feet high, and that materials stored are
not piled higher than said screen;
G. Any other use which is determined by the commission to be of the same general
character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
J. Recycling collection centers, subject to the provisions of Section 19.58.340.
K.. H~7>lrdous waste facilities. subject to the provisions of Section 19.58.178
SECTION VI: That Section 19.58.178 is hereby added to the Chula Vista Municipal
Code to read as follows:
Chapter 19.58
USES
19.58.178 Hll7~rdous waste facilities
A b~7~rdous waste facility as defined in Section 19.04.107 of this title ma.y be considered for
permittin~ only within an industrial zone which is also located within a "General Area" identified
in Section 5.5 of the Public Facilities Element of the General Plan as an area approoriate for the
acce.ptance and consideration of an apolication for such a facility. A h~7>lrdous waste facility
may be allowed within a location as indicated above upon the issuance of a conditional use
permit. subiect to the followin!! standards and !!uidelines:
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Ordinance No._
Page 7
A.. PURPOSE AND INTENT
It is the intent of this section to establish and clarify local I"eQJlirements and procedures
for the review and a,pJlroval of conditional use permit applications for a h~7~rdous waste
facility. consistent with the orovisions of Section 25199 et seq. of the California Health
and Safety Code ('Tanner Act). and with the objectives. policies. and criteria of the
Public Facilities Element of the City General Plan rei:ardinl: h~7"rdous waste
mana.l:ement olanninl:. and the siting and oermittinl: of b~7~rdous waste facilities.
.!l.. APPLICABILITY
Any conditional use oermit granted for a h~7"rdous waste facility pursuant to Sections
19.14.070 throul:h .130 shall comply with the &PJllicable provisions of this section which
are suoolementary to. and in the event of conflict shall supersede the regulations set forth
in Sections 19.14.070 throul:h .130. Subsections D. E. F. G. H. I. J. and K of this
section shall &PJlly to all h~7~Tdous waste facilities as defined in Section 19.04.107. and.
as herein defined.
c... DEFINITIONS
1.. "H~7"Tdous waste" shall mean a waste. or combination of wastes. which because
of its Quantity. concentration. or physical. chemical. or infectious characteristics
may either:
lL. Cause or significantly contribute to an increase in mortality or an increase
in serious irreversible. or incapacitatinl! reversible. illness.
b... Pose a substantial present or potential b~7~Td to human health or the
environment when improperly treated. stored. tran~rted. di~sed of. or
otherwise managed.
In addition. hazardous waste shall include the followinl::
lL. Any waste identified as a hazardous waste by the State Deoartment of
Toxic Substances Control.
b... Any waste identified as a b~7"Tdous waste under the Resource
Conservation Recovery Act. as amended. 42 U.S.C. Illl 6901 et sea. and
any rel!ulations promulgated thereunder.
~ Extremely or acutely b~7"rdous waste. which includes any b~7"Tdous
waste or mixture of h~7"Tdous wastes which. if human exposure should
)8']).. ?
Ordinance No.
Page 8
occur. ml\Y likely result in death. disablin~ personal injury or serious
illness caused by the b~7>lrdous waste or mixture of h~7~Tdous wastes
because of its quantity. concentration. or chemical characteristics.
2. "H~7>lTdous waste facility" means any facility used for the storae:e. transfer.
treatment. recyclin~. and/or diilPOsal of h~7>lrdous wastes or associated residuals
as defined in Section 19.04.107.
;l.. HI.and use decision" shall mean a discretionary decision of the City concernin~
a b~7>lrdous waste facility proiect. includine: the issuance of a land use permit or
a conditional use oermit. the grantine: of a variance. the subdivision of prooerty.
or the modification of existing property lines pursuant to Title 7 (commencin~
with Section 65(00) of the California Government Code.
~ NOTICE OF INTENT TO APPLY: APPLICATION FOR A LAND USE DECISION:
COMPLETENESS OF APPLICATION
1... Pursuant to the orovisions of State Health and Safety Code Section 25199.7(a)
and (b). at least ninety (90) dl\Ys before filing an application for a conditional use
permit for a b~7>lrdous waste facility. the ap'plicant shall file with the Plannin~
De.partment and with the Office of Permit Assistance in the State Office of
Plannin~ and Research. a Notice of Intent ("N.O.I. H) to make the aoolication.
The N.O.I. shall be on such form as aooroved by the Director of Plannin~. and
shall ~if.y the proiect location to which it aoolies. and contain a complete
description of the nature. function. and sCQpe of the project.
2. The Planning Department shall orovide public notice of the ap'plicant's intent to
llP.Ply for a conditional use permit. pursuant to the noticin~ procedure in Section
19.12.070. and by posting notices in the location where the proposed proiect is
located. .
;l.. Costs incurred by the City in processing said public notice shall be paid by the
proiect pro'ponent through establishment of a deoosit account for such pUJlloses
with the Plannin~ D~artment at the time the N.O.I. is filed.
~ The N. O. I. shall remain in effect for one year from the date it is filed. unless it
is withdrawn by the oro'ponent. However. a N.O.I. is not transferable to a
location other than that ~ified in the N.O.I.. and in such instance the
proponent proooses to change the proiect location. a new N.O.I. shall be
prepared. and the procedure shall be~in ae:ain for the new location.
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Ordinance No._
Page 9
~ Within 30 dass of the filing of the N.O.1.. the ap.plicant shall schedule a
pre-lIP.plication conference with the Planning De.partment to be held not later than
45 days thereafter. at which the aoolicant and the Planning Department shall
discuss information and materials necessary to evaluate the application. Within
30 days after this meetinl!. the Director of Planning shall inform the a'p'plicant.
in writing. of all submittals necessary in order to deem the conditional use permit
application comolete.
~ The ap.Plicant mas not file an application for a conditional use permit unless the
applicant has first complied with the above items. and presented the required
lIP'plication fee. Furthermore. said application shall not be considered and acted
u'pon until it is deemed comolete as provided by Section 19.14.070. and until all
materials necessary to evaluate the ap'plication as set forth by the Director of
Planninl! oursuant to Item 5 above have been received and acce.pted as to content.
1.. An application is not deemed to be complete until the Planhing Department
notifies the ap'plicant. in writing. that the aoolication is complete. Said
notification of completeness. or incomoleteness. shall be provided within 30 days
of the lIP'plication submittal. or resubmittal as ap'plicable. After an apolication is
determined to be comolete. the Planning Department may reauest additional
information where necessary to clarify. modify. or sU'p'plement previously
submitted materials. or where resulting from conditions which were not known.
and could not reasonably have been known at the time the aoolication was
received.
8... The Planning Department shall notify the Office of Permit Assistance in the State
Office of Planning and Research within ten (l0) days after an ap.plication for a
conditional use permit is accepted as complete by the Planninl! Deoartment.
.!1. PRE-APPLICATION PUBLIC MEETING
1.. Within ninety (90) days after a Notice of Intent is filed with the Planning
Deoartment and Office of Permit Assistance in the State Office of Planninl! and
Research pursuant to subsection D.1. the Office of Permit Assistance will. in
coo.1)eration with the Planning Deoartment. convene a public meeting ("Pre-
A'pplication Meetinl!") in the City of Chula Vista for the express puroose of
informinl! the public on the nature. function. and sco.1)e of the prooosed project
and the procedures that are required for ap.proving a.p.plications for the proiect.
2.. The City shall arranl!e a meeting location in a oublic facility near the pro.1)Osed
proiect site. and shall give notice of said meetinl! oursuant to the noticing
procedures in Section 19.12.070 and by postinl! at the pro.1)Osed oroiect site.
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Ordinance No._
Page 10
l.. All affected al!encies. includine: but not limited to the State De.partment of Health
Services/Toxic Substance Control Program. Ree:ional Water Ouality Control
Board. County Department of Health Services- H~7~rdous Materials Management
Division. and the Air Pollution Control District. shall send a representative who
will explain to the public their ae:em;y's procedures for apJ'rovinl! permit
l\PJ'lications for the proiect. and outline the Dublic's o'pportunities for review and
comment on those l\PJ'lications.
E... LOCAL ASSESSMENT COMMITTEE: FORMATION AND ROLE
1.. At any time after mine: of the N.O.I.. but not later than 30 dllYs after an
lIPplication for a land use decision has been acce.pted as comDlete. the City
Council shall aDooint a seven member Local Assessment Committee ("LAC") to
advise the City in considerine: the bn'rdous waste facility proJ'Osal.
2.. The membership of the LAC shall be broadly constituted to reflect the makeuJ'
of the City. and shall include three representatives of the City at larl!e. two
re.presentatives of environmental or public interest groUDs. and two reJ'resentatives
of affected businesses and industries. Members of the LAC shall have no direct
financial interest. as defined in Section 87103 of the California Government
Code. in the proposed proiect.
l.. The LAC is solely an advisory committee. and is not emDowered with any
decision makinl! authority relative to the prooosed uroiect. nor with the legal
standine: to assert specific uroiect conditions. Rather. the LAC Drovides a
mechanism for direct input on matters of concern to the general Dublic into the
environmental review urocess. and presents the oDoortunity for framing questions
that should be addressed in that process. as well as in seeinl! that these questions
are addressed as early in the urocess as possible.
4. As such. the LAC shall. within the time period urescribed by the City Council.
advise the City of the terms and conditions under which the prQposed h~7~rdous
waste facility uroject may be acceDtable to the community. as follows:
ll.. Adopt rules and procedures which are necessary to perform its duties.
l1.... Enter into a dialogue with the proiect prqponent to reach an understandine:
on:
ill the sUl!l!ested terms. provisions and conditions for project aDproval
and facility oJ>eration which would ensure protection of public
health. safety and welfare. and the environment of the City of
Chula Vista and adjacent communities. and
I8'P"/O
Ordinance No._
Page 11
ill the ~ial benefits and remuneration the proponent will provide
the City as comoensation for all local costs and impacts associated
with the facility and its o.veration. Such discussions shall address
"fair share" conce.pts as set forth in Section 5.5 of the General
Plan Public Facilities Element. includine: the consideration of
establishinl1 inter-~overnmental a~reements. and/or other
compensation and incentive orOl:rams.
Said dialol:ue shall be re&1)Onsive to the issues and concerns identified at
the meetinl: described in subsection G .1.
l<... With rel:ard to subsection 'b.' above. any resultin~ proposed mitil:ation
measures not already defined in the environmental review or oermittinl:
process would be subject to the ne~otiation process with the proponent.
with the nel1otiation results forwarded as recommended terms of aoproval
to the Plannin~ Commission and City Council.
d. Rl:Present ~enerally. in meetin~s with the proiect ap'plicant. the interest of
the residents of the City of Chula Vista and the interests of adjacent
communities. as princioally made known through the Post-Apolication
Meetine:.
~ Receive and expend. subject to the aooroval of the City Mana~er and
authorization of the City Council. any technical assistance ~rants made
available as described in Subsection 1.
f.. Advise the Planning Department. Plannin~ Commission. and the City
Council of the terms. provisions. and conditions for project aoproval
which have been successfully negotiated by the committee and the
proponent. and any additional information which the committee deems
aoorooriate. The Plannine: Deoartment. Planning Commission. and City
Council may use this advice for their independent consideration of the
project.
5.... The City shall allocate staff resources to assist the LAC in performing its duties.
and the project oroponent shall be re~nsible to pay the City's costs in
establishin~. convenin~. and staffin~ the LAC. throue:h establishment of a deposit
account for such pUl'Jloses with the Plannine: Deoartment at the time of filing an
a'p'plication for a land use decision.
2.. The LAC shall cease to exist after final administrative action by state and local
a~encies has been taken on the permit ap.plications for the proiect for which the
Committee was convened.
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Ordinance No._
Page 12
Q.. NOTICE OF PERMIT APPLICATION: POST-APPLICATION MEETING
1... Within sixty (60) days after receivinl: the notice of a comJ'lete aoolication as
required by subsection D.S. the Office of Permit Assistance in the State Office
of Plannin~ and Research will convene a ("Post-ApJ'lication Meetimt") in the City
of Chula Vista of the lead and resoonsible agencies for the oroject. the proponent.
the LAC. and the interested oublic for the PUl:POse of determinin~ the issues
which concern the a~encies that are reqJlired to apJ'rove the proiect. and the
issues which concern the public. The Planning D~ment shall provide notice
to the public of the date. time. and olace of the meeting.
b The issues of concern raised at the Post-ApJ'lication Meetin~ must include all
environmental and permitting issues which will need to be addressed in the
environmental document to ensure the document's adequacy in sUJ'J1Orting the
actions of all permitting and responsible a~encies for the proiect.
;l.. The Post-ApJ'lication Meetin!!: should be held as soon as an environmental initial
study or notice of preparation is available for review and comment. so that
adequate opJ1Ortunity is provided for meeting input to be employed in the scapin!!:
of subsequent environmental review activities.
H. ENViRONMENTAL AND HEALTH RISK ASSESSMENTS
1... All h~7"rdous waste facility proposals shall be reqJlired to undergo an
environmental review and health risk assessment re~ardless of facility type. size.
or proximity to populations or immobile oooulations.
b As hazardous waste facilities may vary ~reatly in their potential public health and
safety. and environmental risks. the de.pth and breadth of environmental review
and health risk assessments must be tailored on a case-by-case basis.
;l.. The environmental review and health risk assessment shall serve as the primary
vehicles for identifying community and involved a~ency concerns. and providin!!:
data to be used by the LAC and the City in negotiating proiect conditions. As
such. within 30 days following the Post-ApJ'lication Meetin!!:. the City shall:
a.. create an ad-hoc technical committee to advise the City and the LAC on
technical issues regardin~ the scoJ!in~ and preJ'afation of the
environmental review and health risk assessment. The membership should
consist of staff from each of the involved permitting or re!lPOnsible
I !J']) -1,;1...
Ordinance No._
Page 13
al!encies. an eoidemio10gist. a toxicolol!ist. and any other technical experts
deemed necessary or desirable.
b... convene a meeting of involved City staff. the environmental document
prc:parer. the LAC. ad-hoc technical committee. and the proiect prQpOnent
to establish the sco.,pe and content for the environmental document and
health risk assessment. and the need for any other technical studies. The
City Council shall review the meeting outcome. and ap'prove a final sco.,pe
for the environmental review and health risk assessment prior to the
commencement of work.
4. A traffic/transoortation study shall be required as oart of the environmental
review for all h~7>lrdous waste facility prooosals. and at minimum shall account
for all factors addressed under the Safe TraniiPOrtation siting criteria contained in
Section 5.5 of the Public Facilities Element of the City General Plan.
l.. Upon selection of a reasonable range of proiect alternatives under the California
Environmental Ouality Act. Public Resources Code Sections 21000 et seq.. the
City. upon the advice of the LAC and ad-hoc technical committee. shall establish
a preferred hierarchy among those alternatives for the pUJ:pose of determining the
level of qualitative and quantitative analysis that should be performed for the
health risk assessment on those alternatives. In determininl! this oreferred
hierarchy and associated level of health risk assessment. consideration shall be
given to the relative feasibility of each alternative to attain the stated prQject
objectives. and the relative merits of each alternative.
Q.. The health risk assessment shall serve as an evaluative and decision-making tool.
and shall not be construed as oroviding definitive answers rel!ardinl! facility
siting.
7. The ad-hoc technical committee shall remain in tact to assist. as requested. the
City and the LAC in the evaluation of the final health risk assessment and any
technical studies to determine aCCeptable levels of risk. and/or to determine the
extent and type of related conditions and mitigation measures which should be
llP'plied to the project.
.8... The LAC shall not finalize its recommendations for forwardinl! for Planning
Commission and City Council consideration until after the oublic review period
for the draft environmental document has closed. and the LAC has had sufficient
time to review any comments received.
2.. Any costs associated to the formation or work of the ad-hoc technical committee.
in addition to any other consultant(s) the LAC deems necessary. includinl! costs
I8'P"/J
Ordinance No._
Page 14
incurred in the Dfeoaration of any technical studies. shall be paid for throu~h
technical assistance e:rants as described in subsection J.
L. INITIAL CONSISTENCY DETERMINATION
1... At the request of the aplllicant. the City Council shall. within sixty (60) dl\Ys after
the Plannine: De.partment has determined that an aoolication for a conditional use
permit is complete and after a noticed public hearin~. issue an initial written
determination on whether the ProllOsed proiect is consistent with both of the
followin~:
lL. The aoolicable provisions of the City General Plan and Zonin~ Ordinances
in effect at the time the aoolication was acce.pted as complete.
Q.... The county hazardous waste mana&ement plan authorized by Article 3.5
(commencine: with Section 25135) of the California Health and Safety
Code. if such plan is in effect at the time of llPlllication.
2... The Plannine: De.partment shall send to the llP.Plicant a coll.)' of the written
determination made pursuant to item 1 above.
l.. The determination required by item 1 above does not prohibit the City from
makine: a different determination when the final decision to apllrove or deny the
conditional use permit is made. if the final determination is based on information
which was not considered at the time the initial determination was made.
1... TECHNICAL ASSISTANCE GRANTS: LOCAL ASSESSMENT COMMITTEE
NEGOTIATIONS
1... Followin~ the Post-Application Meetin~. the LAC and the proponent shall meet
and confer on the project proposal oursuant to the provisions of subsection F.
2... Given that the rules. re~ulations. and conditions relative to hazardous waste
facility proiects are extremely technical in nature. as are the associated
assessments of potential public health and environmental risks. the LAC ml\Y find
that it requires assistance and independent advise to adequately review a proposed
project and make recommendations. In such instance. the LAC ml\Y request
technical assistance e:rants from the City to enable the hirine: of a consultant(s) to
do any. or all. of the followin&:
lL. assist the LAC in the review and evaluation of the oroject llPlllication.
environmental documents. technical studies. and/or an.)' other documents.
18'])- Ji
Ordinance No._
Page 15
materials . and information required in connection with the proiect
aoolication.
lL. intemret the potential public health and safety and environmental risks
associated with the oroject. and helo to define acceotable mitigation
measures to substantially minimize or eliminate those risks.
~ advise the LAC in its meetings and discussions with the proponent to seek
agreement on the terms and conditions under which the proiect will be
accc:ptable to the community.
3... The proJ)Onent shall be required to oa.y a fee equal to the amount of any technical
assistance grant authorized for the LAC. Said feefs) shall be paid to the City.
and dl;pOsited in an account to be used exclusively for the pUl;pOseS set forth in
subsection J.2.
!.. If the local assessment committee and the lIPplicant cannot resolve any differences
through the meetings. the Office of Permit Assistance in the State Office of
Planning and Research ma.y be called uoon to mediate di&;putes.
5... The proponent shall pay one-half of the costs of any mediation process which may
be recommended or undertaken by the Office of Permit Assistance in the State
Office of Planning and Research. The remaining costs will be paid. u.1K>n
lIPllropriation by the lee:islature. from the State General Fund.
K. ADDITIONAL FINDINGS REOUIRED FOR HAZARDOUS WASTE FACILITIES
Before any conditional use permit for a h~7>lrdous waste facility may be granted or
modified. in addition to the findings required by Section 19.14.080. it shall be found that
the oroJ)Osed facility is in comoliance with the following:
.L. The "General Areas" policies of Section 5.5 of the Public Facilities Element of
the City General Plan.
2.. The "siting criteria" as set forth in Section 5.5 of the Public Facilities Element
of the City General Plan.
3... The "fair share" principles established in Section 5.5 of the Public Facilities
Element of the City General Plan
!.. The County of San Diego H~7~rdous Waste Management Plan.
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Ordinance No._
Page 16
SECTION VII: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
(F: \home\pWm.ing\hwmp-a.ord)
/~lJ-/~
RESOLUTION NO. /7"f
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CAUFORNIA ADOPTING AMENDMENTS THE PUBUC FACIUTIES
ELEMENT OF THE CITY GENERAL PLAN (GPA-92-02A) TO
INCORPORATE PROVISIONS RELATED TO THE MANAGEMENT OF
HAZARDOUS WASTES, AND THE SITING AND PERMITTING OF
HAZARDOUS WASTE FACIUTIES, WITHIN THE CITY.
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, on June 30, 1992, the City Council adopted amendments to the Public
Facilities Element of the City General Plan incorporating provisions related to the management
of hazardous wastes, and the siting and permitting of hazardous waste facilities as required by
State law (Resolution No. 16794); and
WHEREAS, those amendments incorporated applicable portions of the approved San
Diego County Hazardous Waste Management Plan ("COHWMP") pursuant to the course of
action prescribed under Health and Safety Code Section 25135.7(c)(2); and,
WHEREAS, in order to fully implement the provisions of the amended Public Facilities
Element it was necessary to amend the City's Zoning Ordinance, and staff was directed by the
City Council under Resolution No. 16794 to complete said ordinance amendments; and
WHEREAS, in the course of preparing said Zoning Ordinance Amendments, and based
principally upon the input of the County Hazardous Materials Management Division, staff found
it necessary to make additional revisions to the aforementioned June 30, 1992 General Plan
amendments in order to clarify certain aspects of those amendments, particularly the City's
hazardous waste facility fair share concepts; and
WHEREAS, the majority of those additional amendments are minor in nature and
considered technical clean up; and
WHEREAS, the single substantive amendment involving hazardous waste facility fair
share concepts is intended to consistently translate the Fair Share Principles of the COHWMP
into more succinctly stated concepts which can be readily understood and applied by staff in
evaluating specific facility proposals within the City; and
WHEREAS, that translation is represented in a four-tiered concept which accommodates
increasingly larger sized facilities provided certain conditions are demonstrated by the applicant;
and
WHEREAS, the City provided adequate opportunity for review and comment regarding
the proposed General Plan Amendments by distributing copies to interested parties, including
Appropriate Technologies II, Inc. represented by Latham & Watkins, for initial comment on
Ig"E-1
Resolution No.
Page 2
October 12, 1992 and again for further conunent on November 18, 1992 for a December 19,
1992 Planning Conunission public hearing. This hearing was continued to January 13, 1993 to
consider conunents submitted by Latham & Watkins on behalf of their client. On January 19,
1993 all interested parties were given an opportunity for final conunent for the City Council's
February 2, 1993 public hearing. This hearing was continued to February 23, 1993, and on
February 12, 1993 all interested parties were again given a final opportunity to conunent for this
hearing; and
WHEREAS, no conunents were received during the initial conunent period, nor during
the January 13, 1993 public hearing indicated above; and
WHEREAS, on January 4, 1993, Latham & Watkins submitted a letter to the City
indicating preservation of their option to submit conunents in connection with the City Council
hearing; and
WHEREAS, in order to allow additional opportunity for any interested or affected
parties, and the City Council, to review and conunent on the complete set of pUblic Facilities
Element Amendments regarding hazardous waste, the June 30, 1992 amendments adopted under
Resolution No. 16794 (GPA-92-02) are being entertained for reconsideration along with the
currently proposed additional revisions under GPA-92-02(A); and
WHEREAS, the Environmental Review Coordinator has determined that the additional
amendments to the Public Facilities Element of the General Plan (GPA-92-02A) will result in
no significant impacts upon the environment, and has issued a Negative Declaration under IS-93-
14; and
WHEREAS, the required Notice of Proposed Negative Declaration was filed with the
County Clerk's Office for a minimum of 30 days in advance of the Planning Conunission's
hearing on December 16, 1992, in compliance with the regulations of the California
Environmental Quality Act of 1976 as amended; and
WHEREAS, the Planning Conunission held a duly noticed public hearing on said
Amendments and the Negative Declaration on IS-93-14, on December 16, 1992, and at that
hearing was presented with a letter from Latham & Watkins on behalf of Appropriate
Technologies objecting to said Amendments; and
WHEREAS, that hearing was continued to January 13, 1993 in order to review and
respond on the merits of those objections; and
WHEREAS, the Planning Conunission held the continued hearing on January 13, 1993,
and considered the merits of those objections; and
I g E-d-
Resolution No.
Page 3
WHEREAS, the Planning Commission found no satisfactory evidence to warrant
reconsideration of the June 30, 1992 General Plan Amendments (GPA-92-02) adopted under
Resolution No. 16794 and recommended denial of said reconsideration, and recommended
adoption of the Negative Declaration, and approval of the current General Plan Amendment
(GPA-92-02A); and
WHEREAS, on February 23, 1993, the City Council considered the recommendations
of the Planning Commission at a public hearing, for which a notice of said hearing, together
with its purpose, was given by publication in a newspaper of general circulation in the City, and
by mailing to interested parties, at least 10 days prior to the hearing, and heard and considered
all evidence and testimony offered by all interested parties concerning the General Plan
Amendments (GPA-92-02/02A), and considered the Negative Declaration on IS-93-14; and,
WHEREAS, the Planning Commission determined and recommended that the City
Council find the proposed General Plan Amendment (GPA-92-02A) to be consistent with the
intent and provisions of the "COHWMP".
NOW THEREFORE the City Council of the City of Chula Vista finds, determines, and
resolves as follows:
SECTION I.
SECTION 2.
SECTION 3.
SECTION 4.
That the Negative Declaration on IS-93-14 was prepared in
accordance with the provisions of CEQA, and the guidelines
promulgated thereunder, and with the City of Chula Vista
Environmental Review Procedures, and is hereby adopted.
That from the testimony offered, no satisfactory reason appears
evident to warrant reconsideration of the June 30, 1992 General
Plan Amendments adopted under Resolution No. 16794, and
hereby denies said reconsideration.
That the amendments to the Public Facilities Element of the City
General Plan (GPA-92-02A), a copy of which are attached hereto
as Exhibit B, are consistent with Article 3.5 ("Hazardous Waste
Management Plans") of Chapter 6.5 ("Hazardous Waste Control")
of Division 20 of the Health and Safety Code, commencing at
Section 25135, et seq., and with the COHWMP.
That the amendments to the Public Facilities Element of the City
General Plan, a copy of which are attached hereto as Exhibit B,
are hereby adopted into and hereby made a part of the City's
General Plan and the Public Facilities Element thereof. (Exhibit A
omitted).
I8'E-j
Resolution No._
Page 4
Presented By
Approved as to form by
(}\;l U~ 1/1*3
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of February, 1993 by the following vote:
YES:
NOES:
ABSENT:
ABSTAIN:
Tim Nader, Mayor
Attest:
Beverly A. Authlet, City Clerk
(F: \home\planning \hwgpacc. rso)
/8'E-Jj
CHAPTER 3
PUBLIC FACILITIES ELEMENT
CONTENTS
Section
Page
1.
Introduction
3-1
2.
Goals and Objectives
3-2
3.
Inventory of Existing Public Facilities
3-6
M
~
:Jr.+
3.1 Water Facilities Inventory
3.2 Wastewater Facilities Inventory
3.3 Drainage and Flood Control Facilities Inventory
3.4 Solid ana Hazlll'aells Waste Collection and Disposal
Facilities Inventory
3.5 Hazardous Waste. Treatment Storage and Disposal
Facilities Inventorv
3.6 Secondary Schools Inventory
3.7 Elementary Schools Inventory
3.8 Library Inventory
3-6
3-8
3-9
3-13
3-20
3-20
3-21
4. Public Facilities Plan
4.1 Water Distribution Network
4.2 Wastewater Collection and Disposal System
4.3 Drainage and Flood Control System
4.4 Solid ana Hazar-aees Waste Collection and Disposal System
4.5 Hazardous Waste Treatment. Storage and Disposal Svstem
4d 4.6 Secondary School System
4,6 4.7 Elementary School System
4rl- 4.8 Library system
3-21
:3-23
3-24
3-27
3-30
3-31
3-35
3-35
3-35
5. Policies and Guidelines
5.1 Water Supply Policies
5.2 Wastewater Service Policies
5.3 Drainage and Flood Control Policies
5.4 Solid ana Hazlll'Elells Waste Control Policies
5.5 Hazardous Waste Control Policies
M 5.6 School Development Policies
M 5.7 Library Development Policies
3-36
3-36
3-37
3-38
3-49
3-40
3-60
3-61
6. References
3-62
Itr-S
1. INTRODUCTION
The public facilities element of the Chula Vista General Plan focuses on the facilities and
services that are controlled by the City through direct administration or contractual agreement,
and facilities provided as obligatory services by other public agencies. In the case of hazardous
waste treatment. storage and disposal. non-obligatorv facilities provided by the private sector and
not necessarily under the City's control through direct administration or contractual agreement.
are also addressed. Excluded are public facilities that fall directly within the scope of other
elements of the plan such as Parks and Recreation, Circulation and others.
2. GOALS AND OBJECTIVES
The general objective and goal of the City of Chula Vista, as it relates to the infrastructure
requirements of the general plan, is to promote an adequate and efficient range of public facilities
and services. This will be accomplished by identifying key issues that should be addressed by
the Public Facilities Element and establishing the goals and objectives in response to each issue.
Issues are statements of either opportunities or problems the City will encounter in providing
adequate infrastructure requirements. Goals and objectives are statements of value regarding
what should or should not take place during the course of the City's development The issues,
goals and objectives which are applicable to the water, wastewater, drainage and flood control
and solid and hazardous waste facility requirements are discussed in this section.
GOAL 1. WATER FACILITY PLANNING
As in many other areas of Southern California, Chula Vista has experienced significant growth
over the past two decades. This growth has placed an increased demand on the water distribution
and supply facilities for the area. Chula Vista is highly dependent on imported water supplies
from the Colorado River Basin and State Project Water from Northern California. In recent
years, below average rainfall throughout California coupled with a court decision reducing
California's share of Colorado River Water, has increased the importance of proper water
management and conservation. It is the goal of .Chula Vista take actions, appropriate to its
population and resources, to control the growth in demand for water and promote water
conservation.
Objective 1. Promote water conservation through increased efficiency in essential uses and use
of low water demand landscaping.
Objective 2. Encourage, where safe and feasible, wastewater reclamation and use of reclaimed
water for irrigation and other uses.
Objective 3. Encourage suppliers to adopt a graduated rate structure designed to encourage
water conservation.
Objective 4. Actively participate in the agency planning for providing adequate emergency
storage and supply facilities for Chula Vista and neighboring communities.
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GOAL 2. WASTEWATER FACILITY PLANNING
Chula Vista relies on the City of San Diego Metropolitan (Metro) Sewage System for treating
and disposing of the wastewater generated within the general plan area. The City of San Diego
has been mandated by the Environmental Protection Agency to upgrade the Metro system to
secondary treatment levels. This mandate, coupled with the increased demand on Metro, will
result in significant expansion to the existing system of which Chula Vista is part. It is the goal
of the City to participate in the regional decision-making process regarding this expansion and
to control the growth in demand for wastewater treatment within the general plan area.
Objective 5. Continually monitor wastewater flows and anticipate future wastewater increases
that may result from changes in the adopted land use.
Objective 6. Promote low wastewater generating development where appropriate.
Objective 7. Actively participate in the Metro expansion planning process, and where
appropriate, evaluate reasonable alternatives to eliminating Chula Vista's dependence on Metro.
Objective 8. Assure that new development meets or exceeds a standard of high quality in
wastewater facility planning and design and that existing downstream facilities are not adversely
impacted by the addition of new development upstream.
Objective 9. Resist the addition of permanent new pump stations where gravity flow is at all
possible.
GOAL 3. DRAINAGE AND FLOOD CONTROL FACILITY PLANNING
As growth occurs in the future, the proportional amount of rainfall runoff from each drainage
area will increase. As a result, existing drainage and flood control facilities downstream will
begin to experience higher flow rates than they have been experiencing or were designed for.
It is the goal of the City to properly regulate design of future facilities such that the effectiveness
of the existing drainage facilities are not degraded.
Objective 10. Required development of on-site detention of storm water flows such that
where practical, existing downstream structures will not be overloaded.
Objective 11. Assure that new development incorporates a high degree of sediment
control as part of their project.
Objective 12. Preserve the existing drainage structures in Central Chula Vista where
possible to minimize the disruption to the public and the requirement for additional space for
larger facilities.
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GOAL 4. SOLID }J~lD HAlf.RDOUS WASTE CONTROL PLANNING
The production of solid wastes in San Diego County, including Chula Vista, has steadily
increased on a per capita basis at about 10 percent per year since 1982. Similarly, ha~nrdalls
waste pr-eallstion has a1sa insreased with t-he adGitian af new indastries ami teshnalagy. If this
trend continues as more development occurs, and based on the availability of suitable disposal
sites, Chula Vista could experience a solid anEi hazar-ealls waste disposal problem. This could
mean at minimum a significant cost increase for transporting materials great distances to available
disposal sites and the possibility of increasing the number of waste transfer sites within the City.
While control and siting of disposal sites falls under the jurisdiction of agencies other than Chula
Vista, including the County of San Diego and State of California, the City has the ability to
control waste production within its general plan area. It is the goal of Chula Vista to take action
appropriate to its population and resources, to promote reductions in solid and hazar-ealls waste
production and plan for adequate disposal.
Objective 13. Promote recycling of any material which has a reusable nature. Provide
public facilities to handle recycling of materials such as paper, glass and others.
Objective 14.
Support waste reduction legislation.
Oejeetive 15 eneallfage de'.'elopment af law hazardalls waste pr-edllsing indastries.
Objective 16 15. Support the County Public Information and Education Program regarding
solid waste reduction and recycling.
Objective ~ 16. Participate in regional planning and evaluation of solid waste disposal sites
and alternative methods of solid waste disposal. :
GOAL 5. HAZARDOUS WASTE MANAGEMENT PLANNING
Coupled with population growth in San Diego County is a growth in the need for consumer
goods and services. and the industries that produce them. in order to maintain economic stability.
However. many of those goods and services contain chemicals or use chemicals in their
manufacture andlor packaging. While our Quality-of-life and economic stability may be largely
dependent upon these products and services. we are also threatened by the mismanagement of
their chemical remains or the hazardous waste generated.
Past practice has seen much of the County's hazardous waste generated disposed of in off-site
hazardous waste landfills without pre-treatment. Awareness of the inherent public and
environmental dangers of such practices has been heightened by recent federal and state
legislation regarding the management and disposal of hazardous wastes. The focus of this
legislation has been toward increasing public and environmental safety by reducing the hazard
inherent in disposal through adequate waste treatment. and toward reducing the volume of
hazardous waste produced requiring treatment and disposal. Assembly Bill 2948. State
Government Code Sections 25135 et. seQ. and 25199 et. seQ. (Tanner. 1986). referred to as the
Tanner Act. represents a significant move toward the management of hazardous waste in a
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I g E -8'
comorehensive and svstematic aooroach. and reauires everv County to formulate and adoot a
Hazardous Waste Management Plan.
The San Diego County Hazardous Waste Management Plan (COHWMP) was oreoared in
coooeration with local iurisdictions and the San Diego Association of Governments (SANDAG).
and aooroved bv the State Deoartment of Health Services CDHS) in October 1991. Its orincioal
goal is to "establish a svstem for managing hazardous materials. including wastes. to orotect
public health. safety and welfare. and maintain the economic viability of San Diego Countv."
The COHWMP serves as the orimary olanning document oroviding overall oolicv direction
toward the effective management of hazardous waste within San Diego County. including that
within the Citv's General Planning Area. through establishment of goals. oolicies. and
imolementation measures oredicated uoon the following management hierarchy:
1.:. Encourage and suooort hazardous waste reduction and minimization at its source through
methods such as alteration of manufacturing orocesses and/or material substitutions.
2. Encourage recycling and on-site treatment.
3. Provide for adeauate off-site multi-user facilities to ohysically or chemically eliminate
or diminish hazardous orooerties. or reduce residual volumes requiring disoosal. in a
manner which orotects oublic health. safety. and welfare. and
4. Provide for adeauate disoosal facilities for treatment residuals.
The COHWMP functions as a guide for local decisions regarding hazardous waste issues. and
in addition to waste reduction strategies. it sets forth siting. oermitting and orocessing
reauirements for local review of aoolications for off-site hazardous waste treatment facilities.
As such. each City within the County is reauired to adoot necessary orovisions to imolement the
COHWMP. Therefore. the following related sections of the Public Facilities Element of the
Chula Vista General Plan incoroorate the COHWMP by reference as if set forth herein. and as
orovided by law. orescribe those more soecific. or stringent. olanning reauirements and siting
criteria reflective of local conditions which shall orevail over the more general orovisions of the
COHWMP in favor of ensuring the utmost orotection of oublic health. safety and welfare. and
environmental resources within the City of Chula .vista.
Obiectiye 17: Develoo effective screening orocesses for new and existing local businesses
using hazardous materials and generating hazardous waste to encourage waste minimization.
Obiectiye 18: Promote recycling and alternative technologies for industrial. small
business. and household hazardous wastes in coooeration with the County and other agencies.
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Obiective 19: Establish effective hazardous waste management planning within the City
through involvement of the public. environmental grOUps. civic associations. waste generators.
and the waste management industrY in decisions on local waste issues and facilitv proposals.
Obiective 20: Ensure the protection of the health. safetv. and welfare of Chula Vista
residents and the integritv of the City's environmental resources. through establishment of
effective processing procedures. and siting and permitting criteria for hazardous waste facilities.
GOAL &~. SCHOOLS
As growth occurs in the City, particularly new residential development, increased demands for
school services and facilities will be placed on the school districts servicing the Chula Vista
Community. While the control and siting of school sites falls under the jurisdiction of the local
school districts, Sweetwater Union High School District and Chula Vita City Schools, it is the
goal of the City to facilitate the districts' provision of school services.
Objective 18 21. Coordinate the review of development proposals with the local school
districts to ensure that adequate school facilities are available to meet the needs required by the
development.
Objective 19 22. Coordinate with local school districts during the review of land use issues
which required discretionary approval such as tentative subdivision maps, planned unit
developments, zoning ordinance and general plan revisions and amendments.
Objective ;W 23. Provide the school districts with the development thresholds as proposed
by the growth management committee for the agencies' review and comment.
Objective ;M, 24. To site new school land use designations in a central location within
residential neighborhoods.
GOAL'1. LIBRARY
As growth occurs in the City, particularly residential development, increased demand for library
service will occur. It is the goal of the City to provide for the ~xpansion of the library system
into the newly developing areas and areas not adequately served by existing library facilities.
Objective ~ 25. Coordinate the review of development proposals to ensure that adequate
library facilities are available to meet the needs of new development.
Objective ;H 26. Continue the process of planning and site selection to ensure that new
facilities are built in existing area that are not currently served by an adequate library.
Objective ;W 27. To site new library facilities in a central location to conveniently serve the
surrounding community.
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3. INVENTORY OF EXISTING PUBLIC FACILITIES
The public utilities and service system is one of the most important considerations in urban
development. Urban development and growth is dependent upon the availability of public
utilities and services. Conversely, expansion of these is dependent upon thorough planning which
in turn is an extension of appropriate and well-reasoned land use analysis and proposal. The
facilities and networks which make up the public works "infrastructure" are generally considered
as the foundations upon which activity areas are facilitated and maintained. In the case of Chula
Vista, the infrastructure may be one of the primary criteria for determining future growth of
activity areas.
The infrastructure addressed in this element consists of the following facilities:
Water
Wastewater
Drainage and Flood Control
Solid and Hazardous Waste Control
Generally, the City of Chula Vista is being adequately served by its public works infrastructure.
Certain facilities, however, are in need of improvement and upgrading. The following sections
discussed in greater detail each of the infrastructure systems and the agencies controlling them.
3.1 WATER FACILITIES INVENTORY
The City of Chula Vista's general plan area is provided water service primarily by two major
water agencies. These will be discussed below and are shown on Figure 3-1.
Sweetwater Authority
Central Chula Vista is served by the Sweetwater Authority whose service area within the City
is bounded by Interstate 805 and Sweetwater Reservoir to the east, San Diego By to the west,
the Otay River Valley to the south and SR 54 Bonita Road to the north. Approximately sixty
percent of Sweetwater's system is supplied by gravity from the Sweetwater Filtration Plant. The
remainder of the system is comprised of pumped pressure zones at the higher elevations. Source
supply for the City's portion of the system is largely from surface water runoff and collection
at Sweetwater Reservoir augmented by the San Diego County Water Authority aqueduct system
when necessary. Transmission and distribution pipelines ranging in size from 6 inches to 42
inches, deliver water to Chula Vista with a normal operating pressure range of 40 to 90 pounds
per square inch (psi). Daily and seasonal peak flow requirements, including fire flows, are offset
by operational storage reservoirs located throughout the City. Total operational storage for
Sweetwater is approximately 38 millions gallons with an average daily demand of about 24
million gallons per day.
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Otay Water District
The easterly portion of the general plan area is served by the atay Water District atay refers
to this area as the Central Area which encompasses three Improvement Districts including I.D.
No.5; I.D. No. 10; and J.D. No. 22. Improvement Districts are defined as areas which are
assessed fees in relation to the benefit received for constructing water or sewer facilities for that
area. These districts were formed on the following dates:
I.D. No.5, November 28, 1960 by Resolution No. 123
I.D. No. 10, February 11, 1963 by Resolution No. 265
I.D. No. 22, July 3, 1972 by Resolution No. 986
This portion of the general plan area is bounded by Interstate 805 to the west, the atay River
Valley to the south the Lower atay Reservoir to the east and the area known as Bonita to the
north. Approximately 39 percent of this area is served by gravity while the remainder requires
pumping. The system is comprised of five pressure zones (service areas), two water booster
pump stations, six reservoirs and two connections to the San Diego County Water Authority
filtered water aqueduct system. The aqueduct system supplied by Colorado River Water and
State Project Water provides the only supply source to this area. Pipelines range in size from
6 inches to 30 inches and current total storage volume is approximately 32 million gallons. The
average daily demand for the system is about 4.5 million gallons per day.
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3.2 WASTEWATER FACILITIES INVENTORY
As a member of the City of San Diego Metropolitan Sewage System, ChuJa Vista currently has
contracted for capacity rights equaling 17.1 mgd average daily flow. Including the 2.0 mgd
metro capacity rights that were acquired when Chula Vista over the operation of the Montgomery
Sanitation District brings the total contract capacity to 19.1 mgd for Chula Vista.
The City of Chula Vista operates and maintains its own sanitary sewer system. This system
consists of approximately 270 miles of sewers ranging in size from 6 inches to 36 inches, 10 raw
sewage pump stations and three independent metered connections to the City of San Diego
Metropolitan Sewer System (Metro). Figure 3-2 illustrates the major components of the existing
wastewater system.
The northern portion of the City gravity flows into the Spring Valley Interceptor which is
generally located in Sweetwater Road. This line is owned and operated by the County of San
Diego. This line is owned and operated by the County of San Diego, which leases 11.4 million
gallons per day (mgd) to Chula Vista. Presently, the City contributes 1.4 mgd to this line, which
terminates at a connection to Metro near Sea Vale Street.
Central Chula Vista transports its wastewater flows to Metro via two major trunk sewers. The
first major line being the "G" Street trunk sewer, which receives tributary flows from the area
bounded by "D" Street south to "H" Street. This trunk sewer terminates at a metered connection
to Metro located off "G" Street just west of Bay Boulevard. Existing wastewater flows in this
line represent approximately 2.6 mgd. The second trunk sewer serving Central Chula Vista from
"H" Street south to Naples Street is located in "J" Street and Telegraph Canyon Road. This line
begins in the east on Otay Lakes Road near EastLake Drive and terminates at a metered
connection to Metro located at the end of "J" Street west of Bay Boulevard. This trunk Sewer
currently transports 3.9 mgd of Chula Vista wastewater flows to Metro.
The southern portion of Chula Vista is served by the Main Street and Faivre Street trunk sewers.
These lines generally parallel each other beginning on the easterly side of the Interstate 805, and
ending at a single connection to Metro at the end of Faivre Street. The two lines join in
Industrial Boulevard prior to making the Metro connection. Presently, 4.1 mgd worth of flow
is being metered at this last connection. The total Chula Vista wastewater flow into Metro is
therefore 12.0 mgd at this time.
3.3 DRAINAGE AND FLOOD CONTROL FACILITIES INVENTORY
The City of Chula Vista operates and maintains its own drainage and flood control facilities.
This system, as shown in Figure 3-3, is made up of improved and unimproved flood control
channels, storm drains, bridge crossings, detention basins and various other facilities. These
facilities range in age from recently constructed to in excess of 30 years old. In general, the
existing structures are in good condition and free of debris and sediment. The single, largest
maintenance problem the City has experienced over the years has been maintaining the
unimproved channels in a clear condition, free of vegetation and other debris such as shopping
carts. Obstructions of this nature have historically caused stream blockage and remote flooding
if left unattended.
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As in all systems of this nature, the existing drainage and flood control facilities have their
limitations. Development of the system by the City has been guided, over the years, by the use
of numerous studies and reports including primarily the 1964 drainage master plan report
prepared by Lawrence, Fogg, Florer and Smith. The most significant hydraulic problem with
drainage in Chula Vista is the downstream portions of the numerous natural drainage channels
which have been developed over the years. Initially, runoff was directed into the natural, or
possibly improved channels, or into storm drain trunk line. As the upstream portions of the
drainage areas developed, the load on the downstream system increased. In some instances this
has resulted in occasional downstream flooding because the existing systems are not able to
convey the runoff adequately. The problems and constraints of the major drainage courses are
described briefly.
Palm Canyon is located in southeast Chula Vista and drains to the atay River. The upstream
portion has been lined through the developed area and is in good condition. The downstream
section, with outfall to atay River, is heavily vegetated and there are significant flow
constrictions at several culverts.
Poggi Canyon also is located in southeast Chula Vista and drains to atay River. The upstream
portion has been lined through the developed areas. The downstream portion and outfall to atay
River are heavily covered by brush. Sediment deposition in a box culvert at atay Valley Road
if left unattended will reduce the effective hydraulic capacity of this facility. There is potential
for substantially increased flows in this basin due to the availability of undeveloped land in the
upper canyon.
Telegraph Canyon is located in Central Chula Vista and drains to San Diego Bay. The portion
of channel above Hilltop Drive has been lined through the developed area and is in good
condition. Sections of the downstream portion below Hilltop Avenue appear undersized as
evidenced by recent high waters through the channel. There is a potential for substantially
increased flows in this channel due to new development in the upper canyon.
Central Area Basin is located in north Central Chula Vista and drains to San Diego Bay. The
channel has a few areas of lining but nothing significant. This area is not subject to substantial
new development so runoff should not be increased greatly in the future. However, this channel
appears too small to convey IOO-year storm flows.
Lower Sweetwater is located in norther Chula Vista and drains to San Diego Bay. This is an
area that will be channelized as part of the Corps of Engineers flood control program. This area
has historically experienced flooding during significant rainfall, however, the Corps of Engineers
project should alleviate this problem.
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Upper Bonita Long Canyon is located in northeast Chula Vista and drains to Sweetwater River.
The channel has been lined in the upstream areas and appears adequate for existing development
There is a potential for substantially increased runoff due to the availability of land in the upper
canyon. The lower canyon development has encroached into the flood plain, and increased runoff
from developing areas in upper canyon may cause future problems.
3.4 SOLID f.ND Hf.ZARDOtJS WASTE COLLECTION AND DISPOSAL FACll..ITIES
INVENTORY
J.fHRieipal SaUd ~'aste
Control of the solid aRElllazaFdells waste collection and disposal for the general plan area fall
under several jurisdictions. Regional planning and management for San Diego County's solid
wastes are administered by the San Diego County Solid Waste Division of the Department of
Public Works. This agency is responsible for revising and updating the "Regional Solid Waste
Management Plan" (RSWMP) which reviews current solid waste collection and disposal practices,
predicts future waste generation trends and reviews the possible means for accommodating future
collection and disposal needs. This document is the major planning tool for the County and
includes solid waste planning for all of the cities within the County.
Collection and disposal of solid wastes are the responsibility of each city for its residents. The
City of Chula Vista and the communities in the sphere of influence contract private collection
agencies to assume collection and disposal responsibilities for their residents. The following
collection agencies services the sphere of influence at present:
Chula Vista Sanitary Service
American Trash Service
Jamul Services
EDCO Disposal Corporation
Chula Vista Sanitary Service collects municipal refuse from Central Chula Vista, Bayfront,
Montgomery/Otay, Telegraph Canyon/Lakes, Sunnyside and Bonita within the planning area.
This agency as a 17-year contract with the City of Chula Vista and has the ability to expand their
operation to meet the long range needs of Chula Vista area.
American Trash Service provides collection service for the South Bay area. Within the General
Plan Area, American Trash Service collects municipal refuse from the Bonita community. This
agency also services the communities of Sweetwater, Dulzura, Jamul, Spring Valley, and Casa
de Oro.
Jamul Services collects wastes in the Bonita, Jamul, Casa de Oro, and Dulzura areas.
EDCO Disposal Corporation also provides collection service for the Bonita community.
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For waste disposal, there are currently nine landfills in San Diego County. These are shown in
Table 3-1. Figure 3-4 depicts the existing solid and hazardells waste disposal sites within the
general plan area. Wastes collected in the Chula Vista area (approximately 131,000 tons per year
in 1985) are disposed of at the Otay Landfill. This facility is located north of Otay Valley Road
on the south side of Chula Vista and serves the Cities of Chula Vista, Coronado, Imperial Beach,
National City, and San Diego. Otay Landfill was opened in February of 1966, and the expected
worst-case closure date is 1999. The worst-case scenario, according to the Regional Solid Waste
Management Plan, assumes that no new facilities are added to the region's existing disposal
system, and average annual waste generation increases by 5% per year. Under this plan, Otay
Landfill will be the last landfilling the region to close.
Specific data pertaining to the Otay Landfill design are as follows:
Landfill size - 294 acres
Tons received per day (1986) - 1,380 tons/day
Remaining volume - 25,800,000 CY or 15,480,000 tons
In-place density of compacted trash - 1,200 Ibs/CY minimum
Property size - 515.64 acres
Cut slope - 1:1 or 1.5:1
Fill slope - 3:1
Existing disposal operations at each of the County's landfills are reviewed continually by the
County and the City of San Diego to determine if operation or design changes would allow
extended use of the site. Such changes may include height and slope modifications for active
work areas, increased in-place density of compacted trash and acquisition of additional acreage
to expand existing site capacity. There are at present no plans for expansion of the Otay LandfIll
due to public resistance to additionallandfilling in the area,
3.5 HAZARDOUS W ASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
INVENTORY
Ha~afEl9l18 '~7a8te
The San Diego COllnty Hazareolls WaGte Management Plan is the primary planning eeellment
previding t-lie everall peliey direetien te'.vard the eff<:ietive management ef tile Cellnty's hazardells
waste of whish the general plan area is part, This plan '::as pllblished by the Cellnty ef San
Diege in draft f-el'ffi en Mareh 31, 1988 and is ellITently llndergeing an el((ensive review proeess.
The plan establishes pregFaffis te manage hazareells '.vaste safely within tile Cellnty and is tile
gllide fer loeal deeisiens r-egarding hazardells waste isslles, The plan was prepared pllfSllant te
State }.ssembly Bill 2918 (Tanner, 1986) whieh alltharizes loeal gevemment te dEl'/elep
eomprehensive hazardells waste management plans, streamlines tile pem1itting preeess fer
hazaraells waste treatment f-(leilities and prohibits the disposal ef lIntreated hazareolls v/aste in
landfills as ef May 8, 1990.
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EXISTING LANDFILLS IN SAN DIEGO COUNTY .
REMAINING EXPECTED
C~ACITY CLOSURE
LANDFILL LOCATION yd Itons} DATE
Borrego Landfill Northeast Co. .510,0001 200.5
306,000
Otay Landfill South Chula 2.5 ,8000 ,001
Vista 1.5,480,000
Ramona Landfill Central Co. 104,0001 1988
62,400
San Marcos LF San Marcos 7,000,0001 1991
4,200,000
Sycamore Landfill Santee 36 ,400,0001 1997
21,840,000
West Miramor LF North of 29,400,0001 199.5
Clairemont Mesa 17,640,000
Montgomery LF Kearny Mesa area 273,000(1) 1989
City of San Diego
Las Pulgas LF Camp Pendleton 2,600,000 2010
Ysidora Basin LF Camp Pendleton 12,000,000 2099
Source: "San Diego County Regional Solid Waste Management Plan", 1986.
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Collection, transporting, treatment, and disposal of hazardous wastes are the responsibility of the
generators of such wastes. Hazardous waste generators incur both fmancial and environmental
liability due to collection, transporting, treatment and disposal of hazardous wastes generated.
Therefore, hazardous waste generators must select transporters and treatment/storage/disposal
facilities (TSDP's) with utmost scrutiny. Similar scrutinv applies to State, County and local
l!ovemment whose responsibilitv it is to rel!Ulate l!enerators and transporters. and to safelv site,
license. and monitor TSDP's to ensure adeauate capacitv is available to handle the waste stream
in a manner which protects public health and safetv. and the environment.
Chapters III and IV of the COHWMP provide general information regarding waste generation.
transportation. treatment. and facilitv operation. including a legislative history. Chapter VII
provides a comprehensive inventory of existing TSDF's within San Diego Countv. including the
APTEC II facilitv located within the General Planning Area at Otav Landfill. Pil!Ure 3-5 depicts
the location of existing TSDP's within the Countv. A cop v of the COHWMP. as mav be
amended or revised from time to time. is on file in the Office of the Citv Clerk.
Tfansporters
There are se'/erallieenses hazar40lls '.vaste transporters operatiflg in San Diego COllnty. These
ageneies are lieenses by BPi'. ans are isslles isentifieation nllmbers. TaMe 3 2 she'::s a list ef
hazamolls waste halllers along the seFliees the)' provide.
Disposal
There are very few flllly operational hazamolls '.vaste disposal faeilities in SOllt-hern California.
Most faeilities are operating IInser permit statlls ana are not flllly permittes, '{:hile some faeilities
are no longer aeeepting hazar.aolls wastes.
At present, ther-e are p.':e majer hazamolls waste lansfills in California Keltlemafl Hills LanEifiIl
near KettlemaR City, afla Casmalia Resollrees Lansfill Rear Santa Maria. The BKK LanEifill in
West CoviAa, onee a hazarsolls waste sisposal faeility, no longer aeeepts hazar40lls wastes as
ef 1984.
The Kettleman Hills Hazarsolls 'Vaste Faeility i6 ownes aflS eperates by Chemieal \\1aste
Management, lne. The faeility ellrrently operates five sllrfaee imjlellnaments aflS ene lanafill
(211 aer-es) '.vhieh are being e),panses te 263 aeres. Solyents are permittes ta be lanEifiHeEl
aeeerding ta the 1984 regulations ans are sent else'.vhere te be ineinerates. Chemieal Waste
Management is in the pr-eeess ef permitting a hazar-salis .....aste iHeinerater f-ar this faeility ':.mah
is expeetes ta be en line by 19&9. l.1se, twe additianallanafills are proposeEl as well as aeiEl
Relltralization at Kettleman Hills.
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S Maria Calif-emia, and is
.. . I atea 10 miles sellt-h ef aAta., a zar-aells
Th Casmalia Resellrees faeIht)' IS ee II This facility aeA~ists ef a 200 aore a tal
e db . Hllllter Resellrees, Ilc.. . EI/alkaliAe treatmellt fer me S
eWllea ana eperate ) air treatmeAt IlIlIt aAa aOI . a" likel)' that the
ma~te laAafill, smace sterage, an 11' emA 4 300 acres eA the sIte, aA It IS
~meval. The facility eYillerS allIT<lA) ., ,
f T t . '''i11 ee eKpallaea.
presellt aCI I) .. t a ill this &fea &fe
II a liS '''astes geAt!fa e
. . faailities seme azar e .. 1984 estimates
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FIGURE 3-a
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3.e ~ SECONDARY SCHOOLS INVENTORY
Secondary school facilities within the City of Chula Vista are provided by the Sweetwater Union
High School District. the district operates senior high schools, junior/middle high schools, adult
education schools and a continuirig education school. Ten of these facilities are located in the
City.
The California Basic Education Data System (CBEDS) enrollment prepared for the 1988-89
school year showed that the district has an enrolln.ent of 26,845. The schools in operation for
the 1988-89 year have been designed and constructed to house a total of 22,648 students. To
mitigate overcrowded conditions, the district houses students in temporary classrooms such as
trailers and relocatable structures.
Through the use of previous CBEDS enrollments and demographic analysis, the district projects
an enrollment in excess of 35,377 by the year 1993. Based on these projections, the district will
require a minimum of seven new secondary facilities to meet the increased demand.
A new senior high school will be located in the EastLake Planned Community. It is anticipated
that this school will house 2,400 students. Additionally, a middle school site is anticipated to
be. located within the Rancho Del Rey Phase III development. That school should house
approximately 1,400 students.
3.(j 1 ELEMENTARY SCHOOLS INVENTORY
Elementary school facilities within the City of Chula Vista are provided by the Chula Vista City
School District. The district is currently operating 30 schools. Ten of these facilities are on
year-round schedules with the remainder on the traditional school calendar. :
CBEDS enrollment prepared for the 1988-89 school year showed District enrollment at 16,179.
Existing schools have been designed to house a total of 600 students each. To mitigate
overcrowded conditions, the district currently utilizes relocatable classrooms.
Through the use of previous CBEDS enrollments and demographic analysis, an enrollment in
excess of 20,800 is projected by the year 1985. .Based on these projections, the district will
require a minimum of seven new elementary facilities to meet the increased demand.
A new elementary school will be located in the EastLake Planned Community. It is anticipated
that this school will house 650 students and be in operation in 1989. A second new school will
be located on the Windrose Way near the Terra Nova Center. Additionally, a school site located
within the Sunbow development is planned.
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3.+ ~ LmRARY INVENTORY
The City of Chula Vista currently operates the Civic Center Public Library on "F" Street in
Central Chula Vista and two neighborhood branch libraries in the Montgomery area. The City
has adopted a standard of 0.5 to 0.7 square feet of library space per capita.
4. PUBLIC FACILITIES PLAN
The required public facilities necessary to provide adequate service for the proposed land use is
discussed in this section. Recommended improvements presented herein were the results of
numerous studies and reports prepared by the control agencies and outside consultants. These
facilities would require implementation as development occurs in order to guarantee that he high
quality of public utilities and services continues to be the standard that Chula Vista enjoys today.
The infrastructure addressed in this element consists of the following facilities:
Water
Wastewater
Drainage and Flood Control
Solid and Hazardous Waste Control
4.1 WATER DlSTRmUTION NETWORK
The recommended future system improvements that will be required in order to accommodate
the planned growth for the general plan area are shown in Figure 3-~ Q and are discussed below.
Sweetwater Authority
In 1985, a Water Master Plan Update was prepared which reviewed the adequacy of the total
system, including Chula Vista, at buildout conditions. This report used the then current Chula
Vista General Plan for plotting various land use categories for the service area. Based on this
data, in conjunction with historic water usage data per land use category, ultimate water demands
were projected and hydraulic analyses were performed. The report concluded the following:
(1) The supply facilities will require expansion to meet future requirements. The supply
facilities are defined as the water treatment plant, the raw water pump station to supply
the treatment plant, the aqueduct service connection (filtered water) and the local wells.
Recommendations include treatment plant expansion to 45.4 mgd (30 mgd currently) and
a connection of the Water Authority's raw water aqueduct system to Sweetwater
Reservoir for off-peak storage.
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(2) A comprehensive study needs to be initiated to review the long-term water supply of the
Sweetwater Authority.
(3) The existing water transmission mains will need bolstering for buildout condition. Due
to the lack of interconnecting pipelines between National City and Chula Vista, Chula
Vista is dependent on a single 36-inch pipeline under the I-80S freeway for supply.
Should line fail, stored water in Chula Vista would soon be expended and supply
curtailed. The Authority is in the process of implementing a series of interconnections
which will help to alleviate this problem.
(4) Approximately 63 percent of the required ultimate storage volume is presently in place.
An additional 18 millions gallons of storage will need constructing prior to buildout.
(5) Numerous pump station expansions will be required in order to meet future system
requirements.
(6) Within the City of Chula Vista, the existing water distribution system will require only
a nominal amount of improvements in order to accommodate buildout.
(7) Sweetwater's main water supply, the Sweetwater Reservoir, will require improvements
in order to protect the water quality from the degradation effects of urban runoff. The
Authority is currently in the first phase of implementing a runoff protection system for
the reservoir.
(8) The ongoing cast iron water main replacement program should be continued and the old
steel water mains, which are approaching their expected life span, should be added to the
program.
It was concluded by the Water Master Plan Update that future master plan updates should be
conducted at five-year intervals or whenever land use designations are modified.
Otay Water District
In 1987, Otay Water District prepared the Central Area Water Master Plan Update which
evaluated the system requirements at buildout conditions. Limited land use data was available
for the majority of the service area. However, conservative land use assumptions were used in
conjunction with specific plan development proposals for definitive projects such as El Rancho
del Rey and EastLake as the basis for future water demand projections. The land use data used
in that report differs from the general plan designations particularly in the easterly and southerly
areas of the service area. The system evaluation prepared by an outside consultant, subsequent
to the Otay report, used the general plan land use information and resulted in conclusions and
recommendations very similar to the Otay report. The following presents the required future
system improvements based on the previous analyses:
(1) The projected ultimate average daily water demand for the general plan service area
within the Otay Water District is 45.5 mgd.
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(2) The water supply connections to the SDCW A aqueduct system should be adequate for
ultimate conditions although they will require further analysis at a later date as water
demands on the aqueduct system increase.
(3) Numerous water transmission and distribution pipelines will be required in the future to
provide adequate service.
These generally fall into two categories including: a) paralleling existing lines, and b)
installing new lines into areas that previously had none.
(4) Approximately 70 percent of the required operational storage is presently in place. An
additional 14 million gallons of storage will require construction prior to buildout.
(5) The service area is seriously deficient of emergency storage in the event of an aqueduct
failure. Approximately 163 million gallons of storage will require construction in the
future to accommodate anticipated growth. The District is currently pursuing the first
phase of this objective.
(6) The two existing pump stations will require expansion in the future. In addition, a new
pump station will need to be built in the highest pressure zone to service the upper
elevations.
(7) The area within the Otay Ranch, east of Medical Center Drive, north of the Otay River,
west of Lower Otay Reservoir and south of Telegraph Canyon Road should be served by
separate facilities as determined at the time development plans are proposed.
(8) A comprehensive study needs to be undertaken to review the long term water supply and
storage alternatives for the general plan area and the San Diego County as a whole.
4.2 W ASTEW A TER COLLECTION AND DISPOSAL SYSTEM
In 1987, the City retained an outside consultant to evaluate the adequacy of the existing
wastewater system for the year 2005 and buildout conditions. The proposed land use information
and population densities contained in the general plan were used to estimate future wastewater
flows for the city. Based on these flows, each of the major wastewater facilities were examined
for deficiencies. In general, the study concluded that a major modification to the existing system
was not required at this time. However, the results did indicate that certain additions and
improvements to the system would b necessary to accommodate the projected future sewage
flows. The recommended major facility improvements are shown on Figure 3-6 and are reviewed
below.
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Based on that study, the average daily wastewater flow at buildout conditions is estimated to be
29.6 mgd. For the year 2005, the projected average daily wastewater flow is approximately 25.0
mgd. The following presents the conclusions and recommendations of the facility analyses based
on these flow rates:
(1) Numerous interceptor and trunk sewer improvements will be required in the future to
provide adequate service. The improvements generally fall into two categories including:
a) paralleling or replacing existing sewers, or b) installing new lines into areas that
previously had none.
The Central Chula Vista and Bayfront planning areas will require the least amount of new
lines. The exception in this area would be the southerly portion of the main Street and
Faivre Trunk Sewers which will require almost complete paralleling to accommodate
future flows. This is largely the result of having to provide transmission capacity for
flows generated in the Eastern Territories planning areas of Salt Creek, Wolf Canyon and
Poggi Canyon.
The Sweetwater planning area will require new sewers in the areas of Proctor Valley and
Wild Mans Canyon. The existing sewers east of Interstate 805 generally appear to have
adequate capacity for future growth.
The Eastern Territories planning area will require the highest amount of improvements
largely resulting from the predominantly undeveloped nature of the area. The majority
of the recommended sewers in this are would be categorized as new lines for service
areas that previously had none. Drainage basins to be improved include Telegraph
Canyon, Poggi Canyon, Wolf Canyon, Salt Creek and the Otay Valley Area.
(2) Several pump stations will require expansion pl10r to ultimate flow conditions. In
addition, it is likely that new temporary pump stations will be constructed by developers
in Eastern Territories planning area as an interim measure for providing wastewater
service to areas that currently have no sewer system available. These temporary pump
stations should be avoided when reasonably feasible and should be taken out of service
as quickly as gravity service becomes available to the general area.
(3) Ground water or storm water infiltration to the sewer system was not seen as being a
significant problem during the study period. However, the winter of 1987 was below
average in rainfall (11.6 inches as compared to the eleven year average of 16.0 inches)
and as such the results were considered non-conclusive. Infiltration should be further
analyzed in subsequent studies during periods of normal or above normal rainfall
conditions to properly evaluate this potential. The low lying areas of the Sweetwater
River Valley and Otay River Valley should particularly receive close scrutiny.
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(4) The City of Chula Vista has adequate capacity rights in the City of San Diego Metro
Sewer System to accommodate future growth. With a present total flow to Metro of
about 12.0 mgd and contract capacity of 19.1 mgd, 7.1 mgd is currently available for
future development. However, Chula Vista will require additional treatment capacity in
order to accommodate the ultimate buildout flow rate of 29.6 mgd.
The City of San Diego's Metro Sewer System is currently undergoing major changes.
The Environmental Protection Agency (EPA) has mandated that San Diego convert their
existing advanced primary treatment facility at Point Lorna to secondary treatment. The
net effect of this conversion is a significant reduction in that plant's treatment capacity.
With that reduction and without other system changes, it is likely that San Diego would
not be handle their contract flow rates from the member agencies including Chula Vista.
With this in mind, San Diego is in the planning process of upgrading the overall Metro
System which includes interceptors, pump stations and new treatment plants. Chula Vista
is an active member of this planning process to guarantee that their best interests are
being addressed.
Chula Vista has several options available to them for obtaining the necessary future
treatment capacity. They can continue to contract with San Diego for capacity in metro,
as they have in the recent past, including increasing the contract capacity to accommodate
the anticipated future flows. The required Metro upgrades will come out of the planning
process are likely to be quite expensive. These costs will be passed on, in part, to the
member agencies which will increase the cost of treatment to Chula Vista. Although no
definitive numbers are available at this time, it is thought that the cost San Diego would
have to charge member agencies for treatment could be between three to four times as
great as it is now. -
Another option available to Chula Vista for obtaining the required treatment capacity
would be to construct their own treatment facility. Although this alternative would have
many obstacles in its way prior to being implemented such as environmental
considerations, land availability, and general acceptance by the Chula Vista citizenry, it
may prove to be the most cost effective method of wastewater treatment and disposal
available to Chula Vista.
Still another available alternative would be a blend of both above alternatives where
Chula Vista would treat a portion of their wastewater and divert the other part to Metro.
Due to the uncertainty with respect to the outcome of the Metro planning process, no
reasonable decision can be made at this time for directing Chula Vista's future preferred
method of treatment and disposal. This will be evaluated in greater detail in an
upcoming study presently authorized by the City.
WPC F:'IHOMNLANNINCN:l324P
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(5) Reclamation should be reviewed in significant detail during the upcoming study already
authorized by the City. Although reclamation did not appear to be cost effective during
the most recent study, this conclusion could be significantly affected by the outcome of
the ongoing Metro planning process.
If Chula Vista were to construct their own treatment plant or the City of San Diego's new
plant were to be located in closer proximity to Chula Vista, the cost to provide
reclamation facilities would be reduced. Presently there appears to be about 0.35 mgd
worth of demand for reclaimed water within Chula Vista including greenbelt areas,
freeway landscaping and others. At ultimate this demand could be in excess of 1.0 mgd
for for similar areas in newly developed portions of the general plan area.
Conversely, if the use of reclaimed water was mandated by the City for developments
that could use it in an effort to lower the drinking water demand, reclamation would not
have to be completely cost effective to be implemented. With the scarcity of water in
Southern California, many agencies are approaching reclamation from this standpoint.
Chula Vista is currently reviewing their reclamation opportunities and long range
planning.
4.3 DRAINAGE AND FLOOD CONTROL SYSTEM
In 1987, the City retained an outside consultant to evaluate the adequacy of the existing drainage
and flood control facilities at the General Plan buildout conditions. The proposed land use
information contained in the General Plan was used to estimate future runoff volumes based on
the 100-year flood conditions. Based on these estimates, each of the major basin and sub-basin
drainage and flood control facilities were examined for deficiencies. The level of effort expended
in these analyses was not intended to produce a comprehensive master plan, but to provide the
initial studies leading into a detailed master plan which Chula Vista has subsequently authorized.
The results of the initial study were sufficiently detailed to provide specific proposed
improvements as to the required hydraulic capacities, facility sizing and location and overall
system configuration.
In general, the study concluded that a major modification to the existing system configuration
was not required. However, the results did indicate that certain additions and improvements to
the system would be necessary to accommodate the 100-year flood conditions (shown in Figure
3-7). The proposed improvements fall into two general categories including: 1) drainage and
flood control facility design criteria for use in guiding developer improvements, and 2) specific
basin improvements. The proposed design criteria and overall system philosophy included the
following:
(1) Hydrology. The City should use a lOa-year return frequency storm as a basis of design.
This is because the lOa-year event is the accepted standard for most municipalities for
new development, the Federal Emergency Management Agency, the California Coastal
Commission, the County of San Diego and most other State and Federal agencies.
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(2) Sediment Control and Grading. The City of Chula Vista has no standard for sediment
control. Consideration should be given to instituting requirements for sediment control,
especially since Chula Vista is experiencing a significant amount of new development.
Much of this development is taking place in the upper canyon areas. These areas have
a high potential for large volumes of sediment. If there is no control over the sediment,
it is likely that problems will result in the lower canyon areas as the sediment falls out
and reduced cross-sectional areas of culverts and channels.
(3) Detention Basins. Chula Vista is somewhat constrained by the existing storm drainage
facilities in the lower canyons and in the metropolitan area. Some of these facilities
were adequate for the initial development phase, but as the upstream areas of the
. drainage basins have developed there has been an increased load on the facilities.
Because of the cost and difficulty in increasing the capacity of the existing drainage
facilities, use of detention basins as an alternative means for flood control should be
considered. This should be determined on a case by case basis. These detention basins
can be constructed within the newly developing areas and serve to detain the runoff
peaks long enough to reduce the load on the downstream channels and storm drains.
(4) Hydraulics. The existing City criteria establishes minimum criteria for both open
channels and closed conduits. This criteria is consistent with similar requirements
throughout San Diego County and so no changes are proposed.
The following presents the proposed general drainage and flood control improvements for the
thirteen basins within the Chula Vista General Plan Area:
(5) Central Area and Judson Basins. For basins with peak storm flows approximately
equal to those in the Fogg Report, no new recommendations are made.
Recommendations included in the Fogg Report are considered still valid, especially for
the Central area and Judson basins. This includes channel lining, culvert installation and
other general improvements.
(6) Telegraph and Poggi Canyon Basins. These two basins will experience the highest
level of new development based on general plan. Both canyons have severely limited
downstream capacities and will require significant improvements. For the most part, the
downstream capacities of the canyons are limited by the culverts and to a lesser, but still
significant extent, channel conditions. The options considered in the improvement of
the channel conditions were cleaning and maintaining the natural channels, lining the
channels with rock riprap or lining the channels with concrete. The proposed channel
improvements for this basin were a combination of all three.
WPC F:'IHOME\PLANND"JCN:l324P
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The options used for increasing culvert capacity included larger box culverts and bridge
structures. The bridge structure resulted in a more cost effective solution for increasing
the capacity at crossing structures.
(7) Salt Creek Basin. Salt Creek Basin and Use development is proposed to occur around
the perimeter of the basin, with a large open area in the center. This open space would
incorporate the existing drainage path of the Salt Creek Basin. The proposed
improvements for this basin include requiring the developers to detain excess flows so
that the peak runoff and velocities do not exceed existing conditions. This would allow
the existing, natural channel to remain unchanged. Miscellaneous culverts and channel
outlets would be required.
(8) All Remaining Basins. For remaining basins including Palm Road Basin, Sunnyside .
Basin, Wolf Canyon Basin, Rice Canyon Basin, Glenn Abbey Basin, Otay Lakes Road
Basin, Long Canyon Basin and Harborside Basin, proposed improvements included
detention basins, culverts, bridge structures, grade control structures and lined channels.
The City should prepare a comprehensive master plan to assist Chula Vista in guiding the orderly
and cost effective development of overall system up to the year 2005 and beyond. Chula Vista
is currently proceeding with this recommendation.
4.4 SOLID f.ND WAU.RDOUS WASTE COLLECTION AND DISPOSAL SYSTEM
In 1987, Chula Vista retained an outside consultant to evaluate the solid and liazaFdel!s waste
control requirements for the general plan area. Future waste projections for the planning area
were developed based on the general plan land use information and appropriate waste generation
factors. The results indicated that Chula Vista's needs are being well planned for although there
exists a few long range shortcomings. The conclusions and recommendations of that study are
presented below.
Solid waste collection by the private agencies is currently being handled satisfactorily. Each
company has the ability and inclination to expand their operations to meet the solid waste needs
of the general plan area at 2005 or at buildout. It is estimated that in excess of 400,000 tons per
year of solid waste could be generated within the Rlanning area by the year 2005. Expansion of
these operations will impact the roads and highways within the planning area which is discussed
in the Circulation Element of the general plan.
Solid waste disposal by the County of San Diego for the general plan area presents no immediate
problem. However, long range solid waste control planning for Chula Vista and the overall
County is less defined. The Regional Solid Waste Management Plan (RSWMP) was recently
revised (1986) and the revised version evaluates seven waste generation/disposal scenarios. The
worst-case scenario ("Do Nothing" alternative) indicated that there .will be no landfills remaining
in San Diego County after the year 1988 if no new landfills were added to the region. The most
optimistic ("Best Case") scenario indicates closure of all landfills by the year 2011. This scenario
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assumes extensive volume reduction and recycling projects. It is clear from the scenarios
evaluated in the RSWMP that new landfills must be sited in conjunction with developing and
using various waste reduction methods to prevent a serious crisis in solid waste management in
the next decade. The Department of Public Works is presently engaged in numerous studies to
locate landfill sites in the County. The selection process requires much analysis and public input
and more will be known within the next five years.
In addition to siting new landfill facilities, waste redu.ction and recovery projects are underway
by San Diego County. The County Board of Supervisors, as the agency responsible for regional
solid waste management, has adopted a policy to reduce waste quantities to the landfills and
promote alternative disposal methods. The policy establishes that landfilling is the preferred
disposal method only for wastes that cannot be recycled or processed and for the residual from
processing. This policy promotes the use of alternatives such as resource recovery to produce
energy or animal food sources and seeks funding for such projects. The policy also encourages
lifestyle changes to reduce per capita waste generation and increase recycling, and it encourages
the use of additional volume reduction methods such as shredding. The city is currently applying
for a grant to fund a recycling feasibility study.
In summary, it was concluded that the solid waste master planning and long range goals, as
administered by San Diego County and updated regularly in the Regional Solid Waste
Management Plan, are considered adequate in addressing the future disposal needs of the County
(including the Chula Vista sphere of influence). Plans for site enhancement projects at existing
landfills, waste volume reduction and waste-to-energy projects, as well as the current studies to
locate new landfill sites in the County will benefit the planning area in the future by providing
additional landfill capacity. If these plans are implemented, capacity at the Otay Landfill should
be adequate for meeting future solid waste demands, and no alternative disposal methods should
be required for accommodating the planning area requirements in the next twenty years. Figure
3-9 depicts the current and proposed solid waste disposal site within the general plan area.
4.5 HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL SYSTEM
Hazardslls '.'/aste eslleetisn and diSflssal is tile respsnsibility ef tile generater as vias identified
previellsly. Hazardolls waste generation f-ar the planning area is eentered mainly in the Ba)fFent
ami Central Cllllla Vista ar-eas. .\ppreJdmately 9,090 tens ef Ilazardells wastes are genel'llteEl per
year in tHese areas alene. The estimated Ilazardees waste generatien f-ar tHe remaining
eammenities in tile planning area is aballt 500 tans per year.
Present and fetllre zaning in tile planning ar-ea eaeld greatly impaet tile rate af Ilazar-dalls waste
generatien f-Elr tHe area. Tile speeifie land lIse designatians and aereages f-ar tile general plan ar-ea
are eantained in tile Land Use element af the Cllela Vista General Plan.
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Hazardolls waste ealleetian seryiees f-ar tile planning area are adeqllate. Hay/ever, tilere are veFY
{e':: diSJlasal {aeilities Il':ailaele far hazaroolls Vlastes in SOllthern Calif-ernia eallsiflg gefleFators
ta tfaflSJlart tIleir wastes ta ather areas and states far diGpasal. This may lle a faetor in deterring
ifldastrial grawth in tile plaflfli~g area. Thefe ar-e ellrrently t..vo faIly aperatiaflalha-ar.aolls waste
(ClaGs I) lafldfills ifl Califarnia. These are tile Kettleman Hills Faeility flear Kettieman City in
Kiflgs Callflty and tile Casmalia Resollfees lafldfiJl ifI Santa Maria, Calif-arnia.
l\s with mllflidpallaRdfills, in order ta maximize t-lle eapaeities af tIlese sites, ...alllme re6I1Gtiafl
aetiyities slleh as reeyeliflg af solveflts afld ineifleratian shalllEi be emphasize!!. Alsa, same
ha,zaroalls '.vastes ean lle refldered nafl hazardolls lly ehemieal treatment afld seflt ta Hllillieipal
landfills ar ta tile mllniGipal sewer system far disposal. Within tile gl!meral plan area tllefe eusts
a hazardalls waste storage and traflsfer faeility whieh treats "vastes in tilis fashiafl.
.A.pprapriate Teehnologies II (.A.PTEC II) is a fHlly peFmitted hazardoHs waste tl'eatmeflt faGility
laeated within the Chj' llollndaries as shown an Figllre 3 8. The meility is permitted ta feGei'les
all hazardalls wastes far treatment, with the elleeption af explosiyes, radioaetive waste aRd
PCB's. The wastes, ':/hieh are treated an site, are fleHtralized in a tatally enelased system.
SIISJlellded solids are r-emayed t-llrollgh a settling preeessing whieh resHlts ill a se.....eraele water
and mter eake material. The water is tested ta detennifle if it meets ifldllstrial diseharge
standards. If sa, it is EiisehargeEi illta the City af San Diega sewer system. If not, tile treatffieflt
ealltifllles IIntil it meets all spedfieatiolls for ifldllstrial diseharge. The filter eake material is tileR
traRsported to all apprapriate approved faeility. It is imperatiye that proeesses slleh as tIlese lle
IItilized if futllf-e hazardolls 'Naste disposal needs are to lie met.
The proposed el(pansioR af the Kettlemafl Hills LandfiJl and tile addition of ehemieal tr-eatmeflt
proeesses (ineilleratian, add nelltralization) will greatly benefit the region's hazaroolls waste
geflerators. Similar effarts af el(pansion ana adaition of state af tile aft treatment teehflalagies
at ather hazar.aalls 'Naste faeilities ',viII assure adeqllate treatment and dispasal eapabilities f-ar
aeeommadatiflg the flltllre aemanas af the regioR.
4,5 HAZARDOUS WASTE TREATMENT. STORAGE AND DISPOSAL SYSTEM
Pursuant to requirements of the Tanner Act. the COHWMP contains an evaluation of current and
proiected hazardous waste generation and treatment needs within San Diego County. Such an
evaluation enables a comparison of needs to existing facility capacities. and a determination of
treatment surpluses and shortfalls upon which facility planning strategies can be developed.
Accurate forecasting and planning is difficult in that the volume of hazardous waste that will be
produced and require off-site treatment and disposal will be largely affected by regional growth.
the identification and clean-up of hazardous waste contaminated sites. legislative and regulatory
changes regarding the definition and handling of wastes. and the effectiveness of on-site treatment
and waste minimization efforts including reuse. recvcling. and promotion of safe substitutes.
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Chapters VII and VIII of the COHWMP present a comprehensive inventory and evaluation of
current and proiected hazardous waste generation and facilitv needs. bv each of the eight
generalized treatment methods (GTMs). from the base vear 1986 through the vear 2000. The
results of that evaluation. indicate both surplus and shortfalls in fullv addressing the region's
treatment needs depending upon the particular GTM.
Treatment capacitv shortfalls are indicated for the Oil Recvling. Stabilization. Solvent Recoverv.
Incineration and Other GTM's. Those shortfalls in the Oil Recvcling and Stabilization GTM's
are large enough to support new facilities within the region. while those in the Solvent Recoverv.
Incineration. and Other GTM's in and of themselves are not. There are two possible courses of
action for addressing shortfalls. the first being continuation of the existing practice of contracting
for needed treatment capacity outside the region. the second is to site a facilitv within the region
of an economicallv viable size which would address these shortfalls. and provide capacitv to
adiacent regions experiencing identical circumstances. Proiected capacitv surpluses occur in the
Aqueous Treatment/Organics. Aqueous Treatment Metals. and Oil/Water Separation GTM's. and
are based principallv upon alreadv existing capacities available at facilities within the San Diego
Region. although some 3.000 tons of additional annual capacitv for Aqueous TreatmentlMetals
is anticipated through on-site activities proposed bv General Dvnamics and Rohr Industries. With
the excePtion of these on-site operations. those surplus capacities will continue to be utilized bv
generators outside the region.
There currentlv exists within the Citv a multi-user hazardous waste treatment facilitv located
within the Otav Landfill as depicted on Figure 3-9. Appropriate Technologies II (APTEC m
receives a varietv of hazardous wastes for treatment. and was approved bv the Citv under a
Conditional Use Permit issued in 1981. with operating levels set forth in that permit. As
indicated in COHWMP Table VII-4. APTEC II is one of the largest Treatment. Storage and
Disposal Facilities (TSDF's) within the San Diego Region. providing Aqueous TreatmentlMetals.
Aqueous Treatment/Organics. Solvent Recoverv. Oil/Water Separation. Stabilization. and Other
GTM's. Its combined estimated annual treatment capacitv for all GTM's is approximatelv 32.000
tons. greatlv exceeding the Citv's hazardous waste generation rate. which was last
comprehensivelv estimated in 1986 at 3.776 tons annuallv (COHWMP. Figure VII-C). According
to figures in the COHWMP. which mav or mav not be consistent with operating levels authorized
bv the Citv's 1981 use permit. APTEC Ii's total annual treatment capacitv equates to
approximatelv 26% of the Region's entire treatment needs. varving bv GTM as follows:
GTM
APTEC II Capacity as
% of Regional Need
Aqueous TreatmentlMetals
Aqueous Treatment/Organics
Solvent Recoverv
Oil Recoverv
Oil/W ater Separation
Incineration
Stabilization
Other
53%
52%
13%
0%
1%
0%
50%
75%
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The City is committed to DarticiDating in the necessary treatment of hazardous waste at a level
eouivalent to waste generation within the City of Chula Vista. and a fair share of the San Diego
Region's waste treatment needs. The City recognizes that while APTEC II's total caDacity far
exceeds Chula Vista's Droiected total waste treatment needs. not all of the City's treatment needs
are met bv APTEC II. Some local wastes reouire treatments not Drovided at APTEC II. and as
in the case of incineration. not within San Diego County. Additionallv. selection of waste
treatment facilities is ODen to the generator. and as a result. wastes generated within the City mav
actuallv be treated elsewhere in the County. or outside the region entirelv even though necessary
Drocesses and caDacity are available at APTEC II. Similar conditions exist for all cities within
the region. and attemDts to directly regulate the geograDhic generation and treatment of wastes
Dresents tremendous comDlexities. Understanding that some cities may not be host to a facility.
Chula Vista's commitment shall take into account the efforts of all iurisdictions to effectively
reduce their needs for off-site treatment. throul!h on-site treatment and waste minimization efforts.
These hazardous waste management conceDts are intended to reflect the Fair Share PrinciDles of
the COHWMP. which while recognizing that locally sited facilities will exceed local needs. are
intended to ensure that the resDonsibilities for waste management are equitably recognized and
addressed within San Diego County and neighboring regions.
4.~ Q SECONDARY SCHOOL SYSTEM
The Sweetwater Union High School District has prepared a master plan for the expansion of its
facilities; The plan includes the district's population composition, demographic profile,
enrollment history and facilities inventory. From this plan, the district establishes student
generation factors and development standards for the construction of new schools.
The Sweetwater Union High School District Master plan is a public document and available for
review and/or reproduction at the district offices.
4Ji 1 ELEMENTARY SCHOOL SYSTEM
The Master Plan for the Chula Vista City School District is anticipated for completion in 1989.
The plan will include the district's population composition, demographic profile, enrollment
history and facilities inventory. Based on this plan, the district will establish student generation
factors and project facility needs.
4.+ ~ LffiRARY SYSTEM
The City has prepared a master plan for the Chula Vista Library system. The basic role of the
Chula Vista Public Library will continue as a service and cultural center for people, a source of
information in the community for purposes of business, social, governmental, practical and
enjoyment.
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The projected growth of the City will require more library space. The master plan calls for the
Central Library to continue to serve the Central Chula Vista and Bayfront areas at its present
size. In addition, the plans calls for the construction of two new full service libraries. The first
is to be in the Montgomery area to serve the approximately 50,000 existing residents. At the
time the new library is constructed, one or both of the small neighborhood branches are expected
to be closed. The second new library will be in the SweetwaterlBonita area and will also be a
full service facility. This library is planned to be built in two phases as population increases.
The fourth library of the master plan system is a smaller library for the Eastern Territories. This
will serve the population of this newly developing area and will be built as is warranted.
The master plan evaluated a total of seven sites in the Montgomery area. With little vacant land
available all alternatives to new construction should be thoroughly explored such as renovation
of exiting building~. In the Sweetwater area a site has been set aside for a future library and five
other sites have been evaluated. An interim library and five other sites have been evaluated. An
interim library facility for Eastern Territories will be provided in the EastLake Village Shopping
Center when it is constructed. The location is available on a five-year rent free basis. The
permanent facility is expected to be constructed on a site in EastLake. The total master planned
library system at buildout will include three full service libraries and one library in Eastern
Territories that will be sized in accordance with demand.
5. POLICIES AND GUIDELINES
Providing for adequate infrastructure development within the general area as it grows, requires
the application of certain policies and guidelines. Those policies and guidelines, as contained in
this section, will assist the user in interpreting the goals and objectives of Public Services Plan
which will assure that the quality of life in Chula Vista in maintained or enhanced in future
years.
5.1 WATER SUPPLY POLICIES
Water supply for the general plan area comes primarily from two sources: local water derived
from precipitation and stored in Sweetwater Reservoir, and imported water transported by the San
Diego County Water Authority. Proposed future development and conversion of now vacant land
to other uses will place ever-increasing demands on these supplies. Potential limitations on the
availability of both supplies highlights the need to combine long-term planning for water supply
with long-term planning for community development in Chula Vista.
(1) The City shall actively participate in the water master planning process by the Otay Water
District and Sweetwater Authority. The City shall use the master plan to assist in
assigning the highest priorities to projects that will alleviate existing water supply
problems such as insufficient transmission capacity or storage.
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(2) Prior to approval of development applications, the City shall detennine that there is
adequate water to accommodate the demand generated by the proposed development
(3) The City shall encourage and monitor water conservation techniques and programs and
shall educate the community with respect to the importance of these efforts. This shall
include the following:
Mandate the use of water conservation devices in new development including low
water use toilets, shower fixture and other amenities.
Promote low water usage landscaping that is drought tolerant.
Mandate the use of reclaimed wastewater for all reasonable applications except in
severe hardship cases.
Establish, in concert with the water agencies, a public information program to
educate the community concerning water conservation and the use of reclaimed
wastewater.
Establish a water conservation monitoring program.
(4) The city shall strongly encourage the San Diego County Water Authority to make the
necessary improvements required to assure adequate water supply to Chula Vista.
5.2 WASTEWATER SERVICE POLICIES
The collection and disposal of wastewater generated within the general plan area will require
much study and planning in the future. With the Metro system undergoing significant change
coupled with the need to implement an effective reclamation program, the City will be faced with
major decisions regarding the ultimate wastewater system configuration. An up-to-date
Wastewater Master Plan, administered by the City, will ensure the adequacy of future facilities
to meet the demands imposed by future development. The extension of wastewater service and
the availability of capacity will greatly influence how much and where Chula Vista grows.
(1) The City shall use the Wastewater Master Plan as a guide to the future wastewater
collection and treatment facility requirements.
(2) Proposed facilities shall conform to this general plan's policies for land use, development
location and timing.
(3) Prior to approval of development applications, the City shall determine that there is
adequate capacity to accommodate the wastewater generated by the proposed
development.
(4) Costs of improvements which are necessary to serve new development, such as extensions
of service and pump facilities, shall be financed by the developer. Facilities shall be
constructed to City standards and dedicated to the City. This policy does not preclude
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the use of assessment districts or similar mechanisms to fmance improvements. Existing
residents should not have to pay for improvements necessitated only by new development.
However, if existing residents benefit by increasing their property's housing density, they
shall be required to participate in the required improvements.
(5) New development to be served by septic systems in the City and in the County shall be
reviewed by the County Health Department to ensure the adequacy of the design, the
suitability of the soils to accommodate on-site dis?usal systems and the protection of
nearby surface and groundwater systems. Septic systems shall be permitted only as a last
resort if gravity flow to the City's sewer system is not possible and only on parcels at
least one acre in size, provided that the City is satisfied that the above criteria are met.
(6) Actively participate in the Metro expansion planning process and, where appropriate,
evaluate reasonable alternatives which will eliminate Chula Vista's dependence on Metro.
(7) The City shall authorize a feasibility study with respect to implementing a phased
reclamation program to promote drinking water conservation. The study should address
participating in the Metro reclamation program or establishing an independent program.
5.3 DRAINAGE AND FLOOD CONTROL POLICIES
Collecting and conveying stormwater from present and future developed area is essential to
protecting lives and property. Development of the largely undeveloped Eastern Territories could
significantly affect the existing downstream drainage and flood control facilities in Central Chula
Vista if not properly regulated.
(1) The City shall use the Drainage and Flood Control Master Plan as a guide to the future
stormwater facility development.
(2) If improvements are necessary to accommodate new development, it shall be the
developer's responsibility to bear the costs of such improvements, to construct the
facilities to City standards and to dedicate them to the City. As an alternative, the City
may establish and the developer shall pay c:Jrainage basin fees for financing the required
facilities necessary to preclude a negative impact on the downstream facilities.
(3) Prior to approval of a development application, the City shall determine that there is
adequate downstream stormwater drainage capacity to accommodate the runoff generated
by future development within the project's drainage basin.
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(4) The City shaH mandate the development of on-site detention of stormwater flows such
that, where practical, existing downstream structures will not be overloaded.
(5) The City shall require the development of on-site sediment control a part of each project.
(6) The City shall discourage disruption of the natural landforms and encourage the maximum
use of natural drainageways in new development. Where possible, non-structural flood
protection methods, such as natural channels or improved channels which simulate natural
channels should be considered as an alternative to constructing concrete channels to
protect and stabilize land areas.
5.4 SOLID }.II.11) IIf.U.RI>OUS WASTE CONTROL POLICIES
The City's solid waste is disposed of in the Otay LandfiH located within the general plan area.
The site is expected to close in the foreseeable future if waste reduction technologies are not
employed. The City's hazardolls waste is presently disposeEl af outside the general plaR area iR
ather parts of Calif-omia. It is critical that the City continue to participate in and support efforts
to extend the life of existing solid waste landfills and to locate and develop new landfills. aRd
Elevelap Rew teehRologies related ta treating aRa disposing of hazardolls .....astes.
(I) The City shall continue to support efforts by the San Diego County Solid Waste Division
of Public Works to maintain adequate facilities for solid waste disposal.
(2) The City shall encourage efforts to recycle waste materials. Small collection facilities
should be permitted or provided in commercial and industrial areas. Provided adverse
circulation, parking and visual impacts can be mitigated.
(3) Sites for transfer stations, where garbage collected from individual coHection routes are
transferred into larger trucks for disposal, should be permitted within areas designated for
general industrial, provided circulation, visual and noise impacts do not adversely affect
adjacent uses.
(4) The City shall support waste reduction legislation and the County Public Information and
Education Program.
(3) The City shall eORuRlIe to SllppOrt efforts by t-l1e San Diego CoaRty Hazamaas WaGte
ManagemeRt DiviGiaR ta marntarn ar establish aaeqaate faeilit4es f-or hazamaas ':;aGte aHa
E1ispasal.
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5.5 HAZARDOUS WASTE CONTROL POLICIES
Effective and safe management of hazardous wastes within the City of Chula Vista. in accordance
with provisions of the COHWMP. reQuires the development of policies and implementation
measures which recognize not onlv the need for adeouate waste treatment capacity. but also the
need to reduce the volume of wastes produced. to establish a local regulatory framework to
coordinate the review of applications for new or expanded hazardous waste facilities among
involved agencies. parties and the public. and to set forth locational. siting. and permitting criteria
for hazardous waste facilities which will ensure the protection of public health and safety of
citizens. and environmental resources.
As a rapidly growing. mixed-use community characterized bv the integration of industrial.
business and technolocical areas within a predominantly residential land use fabric. the City of
Chula Vita has special concerns with respect to local hazardous waste management. particularly
the safe siting or expansion of off-site hazardous waste treatment facilities. Based on particular
local conditions creating these concerns as further indicated in the following sections. it is the
City's intent to actively participate in. and promote efforts to reduce the volume of waste adding
to the necessity to site new. or expand existing. hazardous waste treatment facilities.
Furthermore. as provided by Section 25135.7(d) of the Health and Safety Code. the following sets
forth those planning and siting criteria. and other provisions intended to prevail over those of the
COHWMP. where their application is more stringent or restrictive in favor of the protection of
the public health. safety and welfare. and environmental resources within the City of Chula Vista.
Hazardous Waste Minimization
Consistent with the provisions of Chapter Vi of the COHWMP.
ill The City shall continue to participate in and support the efforts of the County Hazardous
Materials Management Division (HMMD) and other involved agencies to meet the goal
of a 30% reduction in county-wide hazardous waste generation over the next five years
through source reduction. reuse. and recvcling approaches. This shall include the
exploration of funding and grant sources.
00
.ill The City shall encourage the development of law lIa:!amslls waste }lfsSIIeiRg industries
within the general plan area which are neglicible or minimal hazardous waste-producing.
and shall properly screen and identify new or proposed development that will be using
hazardous materials and generating hazardous wastes.
ill Prior to the issuance or renewal of a business license for businesses using hazardous
materials and generating hazardous waste. the Citv shall reouire proof that the licensee
has prepared and submitted an acceptable Business Plan with the Countv HMMD. and
obtained all necessary licenses and permits. In cooperation with HMMD's Pollution
Prevention PrOgram. the City shall also consider the establishment of a local screening
process to ensure those businesses participation in waste minimization efforts.
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ill In cooperation with the County HMMD, the City shall work to enhance community
awareness and public relations regardin g hazardous waste management and minimization
through dissemination of literature, and the sponsoring of educational workshops and
forums with hazardous material and waste industry leaders, product and business
associations, and local waste generators.
ill The City shall establish a program to recognize industries or businesses that effectively
eliminate or minimize hazardous wastes.
ill The City shall prepare periodic reports on the progress of hazardous waste minimization
efforts in the City.
Household Hazardous Waste
Pursuant to the requirements of AB 939, the City has prepared for adoption a Household
Hazardous Waste Element (HHWE) as a component of county-wide integrated waste management
plans. Consistent with Chapter V of the COHWMP, the HHWE addresses the safe collection.
recycling. treatment and disposal of household hazardous waste within the City over both the
short term (]991-1995) and mid-tenn (]996-2000).
~
(I) The City shall work with the County to encourage, through community education, a
reduction in household hazardous waste generation by promoting safe substitutes and
recycling.
~
(2) The City shall encourage the safe disposal of household hazardous wastes by working
with the County in providing convenient disposal alternatives to the residents of Chula
Vista, including support and sponsorship of community collection events. and
establishment of specialized criteria for evaluating the siting of temporary and permanent
collection centers.
General Areas
The Tanner Act CAB 2948) requires the mapping of "general areas" within which hazardous
waste facilities might be established. subiect to evaluation based on the siting criteria set forth
in the subsequent section. "General areas" are intended to illustrate the extent and distribution
of potential siting opportunities within Chula Vista and as such, are designed along with the
siting criteria as first step in analyzing the appropriateness of a particular site for a hazardous
waste facility. The "general areas" ARE NOT recommended locations for such facilities, nor are
they intended as a specific guide to locations where facility siting applications are encouraged.
However. facilitv proposals should be considered only if they are within the general areas
designated herein.
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Existing industrial areas, and future industrial areas designated in the Chula Vista General Plan
were included as "general areas" in Chapter IX and Appendix IX-B of the COHWMP. These
areas do not necessarilv represent all the available locations for facilities. as additional land
designated as industrial through future General Plan amendments and rezonings should also be
considered for possible inclusion as a "general area". Likewise. application of siting criteria to
more specific local conditions mav prove some of the identified generalized areas as
unacceptable.
Based on a review 0; more specific local land use conditions in relation to several prominent
siting criteria. Figure 3-10 depicts a refinement of "general areas" within which hazardous waste
facilitv proposals would be considered in the Chula Vista Planning Area. These refined "general
areas" shall prevail over the "general areas" described in the COHWMP and its appendices. and
shall be subiect to review and amendment from time-to-time as necessitated bv changing land
use and other local conditions. For clarification. the following prescribes those industriallv
designated and zoned areas which have presentlv been removed from the COHWMP's "general
areas" inventorv:
- Montgomerv/Otav Communitv: Bounded bv L Street on the north. Interstate
5 on the west. Otav River on the south. and Interstate 805 on the east. much of
the communitv's industrial areas are iuxtaposed with residential uses and immobile
populations such as schools. resulting from an historic lack of zoning regulation
and enforcement under Countv iurisdiction prior to the area's annexation in 1985.
Potential location of a hazardous waste facilitv in this land use setting would
present substantial and unacceptable risks to public health and safetv. In addition.
the largest aggregate industrial area located along the Main Street corridor. borders
the environmentallv sensitive Otav River Vallev. recentlv inventoried in
coniunction with preparation of the Olav River Resource Enhancement Plan. and
is entirelv within the dam failure inundation area for Lower Otav Reservoir's
Savage Dam according to maps on file with the Slate Department of Water
Resources.
EastLake and Rancho Del Rev Business Parks: These industriallv
designated areas in Eastern Chula Vista are integrated components of
predominantlv residential mixed-use master planned communities. Reflective of
this setting. thev are intended as emplovment areas comprised of light industrial
uses such as warehousing and distribution. and would be inappropriate for
hazardous waste facilities. Furthermore. principal access to these areas is bv wav
of East H Street and Telegraph Canvon Road which transect large residential areas
and serve as principal travel roules carrving in excess of 35.000 ADT. presenting
substantial transportation risks.
- Otav Vallev Road: The portion of lhe Olav Vallev Road industrial area
east of Interstate 805 and south of Otav Vallev Road borders the Otav River
Vallev. and is entirelv within the dam failure inundation area for Lower Otav
Reservoir's Savage Dam.
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The following policies regarding General Areas in the Chula Vista Planning Area shall prevail
over the seven General Area policies set forth on pages IX-46 and IX-47 of the COHWMP:
ill Proposals for hazardous waste facilities shall be accepted for review only if they are
within a designated "general area" as herein established at the time the application is
accepted as complete.
ill The review and evaluation of applications accepted pursuant to (1) above shall be based
upon the policies and siti:1l! criteria set forth in the City's General Plan. subiect to
required risk assessments. environmental reviews and other applicable codes. ordinances.
and requirements.
ill "General Areas" shall be limited to existing developed industrial land. and land designated
for future industrial development in the present General Plan. except as herein restricted.
ill The City shall evaluate any future general plan revisions involving the establishment of
industrial land use designations for the appropriateness of their inclusion as a "general
area" within the City of Chula Vista.
ill The City may from time to time. as changes to local plans. policies. and conditions
warrant. determine that certain industrial land use designations or zoning districts are not
appropriate for inclusion as "general areas". as long as the ability to accept applications
and potentially site facilities is not significantly restricted.
@ "General Areas" for household hazardous waste collection facilities shall be restricted to
lands designated for industrial use. All lands designated for industrial use within the
Planning Area shall be deemed included for accePting applications for such facilities
regardless of their possible exclusion from refined "general areas" for all other types of
transfer or treatment facilities.
ill Military lands should also be considered as part of the "general areas." It is the
Department of Defense policy to avoid siting of commercial hazardous waste treatment
and disposal facilities on military land. Siting on a case-by-case basis could be
considered in special circumstances. A relationship should be developed with the military
in which common local iurisdiction and military hazardous waste issues and needs can
be cooperatively addressed. The Memorandum of Agreement that currently exists
between the U.S. Navy and the SANDAG should be the basis for this relationship.
ill Land currently under the control of the Federal Bureau of Land Management (ELM) has
the potential to be acquired by local government or by private parties. BLM land
transferred from federal to non-federal ownershio is subiect to local government general
plan designation and zoning. All of the general area policies and other policies would
apply to this transferred land.
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!2l Indian land is not subiect to any federal. state and local environmental. health. safety and
olanninl! reauirements. Therefore. Indian lands should not be considered ootential
"I!eneral areas" unless these lands can meet all sitinl! criteria as set forth herein. and
oermission to use Indian land can be obtained.
Sitiol! Criteria
Under the Tanner Act CAB 2948), locall!ovemment is reauired to adoot "sitinl! criteria" to be
aoolied in evaluatinl! hazardous waste facility OT":hJosals within the oreviouslv established "I!eneral
areas". Sitinl! criteria are those ooerational. financial. land use and transoortation conditions
which must be met if a hazardous waste management facilitv is to be oermitted at a soecific site.
Sitinl! criteria are both aualitative and auantitative in nature. and as the focus of the sitinl!
orocess. are orimarilv intended to ensure the sufficient orotection of oublic health. safety and
welfare. and environmental resources.
The criteria are desil!Ded somewhat genericallv in that they aoolv to evaluation of a broad ranl!e
of hazardous waste facilities and manal!ement technolol!ies which can Vary matlv in their size.
volume. and tvDe of waste streamCs) handled. and which inherently may differ substantially in
their ootentialland use. environmental. and oublic health imoacts. While this I!eneric nature of
the criteria orovides needed flexibility in the local review orocess. it also necessitates that facility
review be conducted carefully and thoroughlv. As a result. all local facility aoolication reviews
shall include an environmental review and health risk assessment. and any aoorovals shall be
through a conditional use oermit.
Recol!Dizinl! the influence of more soecific local conditions on the develooment and aoolication
of sitinl! criteria. Section 25135.7(d) of the Health and Safety Code allows cities to establish
more stringent olanninl! reauirementsor sitinl! criteria than those in the COHWMP. In order to
assure that hazardous waste facilities are considered with the highest rel!ard for the health. safety
and welfare of the citizens of Chula Vista, and the continued oreservation and orotection of its
natural resources, the following modified siting criteria shall be emoloved in the evaluation of
hazardous waste facility orooosals within the Citv' s General Planning Area, and shall orevail over
the siting criteria contained in Aooendix IX-A of the COHWMP.
PROTECT THE RESIDENTS OF CHULA VISTA
.L. Proximitv to oooulations
~
Proximitv to oooulations is defined as the distance from the bouni:lary of the site
uoon which the facility is orooosed to dwellings used bv one or more oersons as
a oermanent olace of residence. or to dwellings inhabited bv oersons temoorari1v
for ourooses of work (e.g.. migrant workers. construction camos).
WPC F:\HO~G\0324P
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For a residuals repository. the proximity of the facility to populations must be a
minimum of 2.000 feet. subiect to increase pursuant to the reauired risk
assessments and environmental review.
~
The active portion of a facility shall be subiect to additional setbacks and
buffering from the property boundary as required bv the underlying zone. or
through conditions established bv the associated use permit(s).
~
All hazardous waste facility proposals shall be reauired to undergo an
environmental review and prepare a health risk assessment regardless of their type.
size. or proximity to populations or immobile populations. Said health risk
assessment (HRA). as discussed on pages IX-28 through -33 of the COHWMP.
shall be prepared under the direction of the Citv. the Local Assessment Committee
(LAC). and any Ad Hoc Technical Committees which may be created to advise
the Citv and the LAC on such matters.
~
With respect to hazardous waste treatment facilities. there is no stated distance
from populations or immobile populations which is assumed to be safe. The
required HRA shall serve as a fundamental mechanism to present data. evaluations
and recommendations for use bv the City Council in ultimatelv determining the
appropriate location and distance for a particular hazardous waste facility in
relation to any existing and proposed surrounding residential development or other
sensitive receptors.
~
The City shall establish a screening process to determine the scope and content
of each HRA. and the need for. and type of. any additional technical studies. It
is the intent of the City in developing this scope. that the HRA recognize the
alternative sites presented through the environmental review and provide
comparative evaluation of these sites so as to enable comprehensive consideration
of the relative public health. safety and welfare risks. and environmental protection
concerns in making siting decisions.
~
Existing hotels and motels shall also be considered residences.
~
Distance separation requirements for residuals repositories and other facilities shall
include all areas designated in General Plan for future residential development
regardless of their density. as well as existing residences.
~
Setback or buffer areas shall be precluded from future residential uses through
property restrictions such as easements or covenants. and where appropriate.
through general planning and zoning.
3-46
WPC F:\HOME'J>LANNlN(N)324P
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2. Proximitv to immobile DODulations
~
Proximitv to immobile DODulations is defined as the distance from the boundary
of the site UDon which the facility is located to areas where Dersons who cannot
or should not be moved are located.
~
The defmition of immobile DODulations includes childcare facilities and K-12
schools as well as hosDitals. convalescent homes and Drisons.
~
Hazardous waste facilities shall not be located within one mile of anv of these
DODulations unless the reauired risk assessment satisfactorilv indicates that the
attendant health and safetv risks are not aDPreciablv increased. and then only at
the discretion of the City Council.
3. Capability of emergency services
~
CaDabilitv of emergency services is defined to include the extent of training and
eauipment of fire deDartments. police deDartments. and hosDitals for handling
industrial emergencies. Particularly those involving hazardous materials and
wastes.
~
All facilities shall be located in areas where fire departments are trained to deal
with hazardous materials accidents. where mutual aid and immediate aid
agreements are well-established. and where demonstrated emergency reSDonse
times are the same or better than those recommended by the National Fire
Prevention Association.
~
The City may reQuire additional facility design features and/or on-site emergency
services at the facility based on the tvue of wastes handled or the location of the
facility.
~
Pursuant to the reQuirements of State law. and subiect to the satisfaction and
aDDroval of the City Council. facilities may provide their own emergency response
capability.
ENSURE THE STRUCTURAL STABILITY OF THE FACILITY
4. Flood hazard areas
~
Flood hazard areas are defined as areas which are Drone to inundation by IOO-Year
freauency floods. and by flash floods and debris flows resulting from maior storm
events. Flood hazard areas can be determined by checking Federal Emergency
Management Agency flood insurance maps or with local flood control districts.
~
Residuals reDositories are eXDressly Drohibited in areas subiect to inundation by
floods with a lOO-Year return freQuency. and should not be located in areas subiect
to flash floods and debris flows.
WPC F:'lIOME"f>lANNIN(N)324P
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IS!' ..,53
~
All facilities and accesses to such facilities shall be located outside the 100-year
floodplain. or areas subiect to flash floods and debris flows. The risk assessment
and environmental review shall analvze such hazards. Anv exceptions based on
proposed engineering and design responses shall be at the discretion of the Citv
Council.
2. Areas subject to tsunamis. seiches. and storm surges
~
Areas subject to tsunamis. seiches. and storm surges are defined as areas bordering
oceans. bavs. inlets. estuaries or similar bodies of water which may flood due to
tsunamis (commonly known as tidal waves). seiches (vertically oscillating standing
waves usually occurring in enclosed bodies of water such as lakes. reservoirs. and
harbors caused by seismic activity. violent winds. or changes in atmospheric
pressure). or storm surges.
~
All facilities. including reSidual repositories. shall be prohibited from locating in
areas subject to flooding from these occurrences. The risk assessment and
Environmental review shall analyze such hazards.
~ Proximity to active and potentiallv active faults
~
An active fault is defined as a fault along which surface displacement has
occurred during Holocene time (about the last 11.000 years) and is associated with
one or more of the following:
a recorded earthquake with surface ruPture
fault creep slippage
displaced survey lines
A potentially active fault is defined as a fault showing evidence of surface
displacement during Quaternarv time (from the last 11.000 years to about the last
2 to 3 million years. and is characterized bv the following:
considerable length
association with an alignment of numerous earthquake epicenters
continuity with faults having historic displacement association with
youthful major mountain scarps or ranges
- correlation with strong geophysical anomalies
~
All facilities are required to have a minimum 200-foot setback from a known
active or potentially active fault.
~
All facilities regardless of proximity to faults. shall as a minimum standard. be
constructed to seismic zone 4 building code standards. subiect to requirements in
excess as determined necessarY bv the City to protect public health and safety.
3-48
WPC P:\HOME'-J'LANNING\lI324P
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7. Slope stability
.:.
Slope stability is defined as the relative degree to which the site will be vulnerable
to the forces of gravity. such as landslide. soil creep. earth flow. or any other mass
movement of earth material which might cause a breach. carry wastes awav from
the facility. or inundate the facilitv.
.:.
Residuals repositories are expressly prohibited in areas of potential slope
instability.
.:.
All other facilities shall be prohibited in areas of potential slope instability or
rapid geologic change. except as authorized by satisfactory engineering and design
solutions. and upon approval of the City Council. The risk assessment and
environmental review shall include an analysis of such hazards.
~ Subsidence/IiQuefaction
.:.
Subsidence is defined as a sinking of the land surface following the removal of
solid mineral matter or fluids (e.g.. water or oil) from the subsurface.
.:.
Liquefaction refers to the surface materials that develop liquid properties upon
being physically disturbed.
.:.
All facilities. including residual repositories. shall be prohibited from locating in
areas subiect to these disturbances. and the risk assessment and environmental
review shall include an analysis of such potential disturbances.
9. Dam failure inundation areas
.:.
Dam failure inundation areas are defined as the areas below a dam structure (i.e..
reservoir dam. debris basin) which would be inundated by the flow of water from
the impoundment created by the dam structure if it were to fail.
.:.
All hazardous waste management facilities shall be prohibited from locating within
dam failure inundation areas.
PRQTECT SURFACE WATER QUALITY
All facilities will be required to meet federal and state water Quality requirements. administered
by the State and Regional Water Quality Control Boards.
10. Aqueducts and reservoirs
.:.
Aqueducts are defined as conduits for conveying drinking water supplies.
3-49
WPC F:\HOMBPLANNING'l>324P
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~
Reservoirs are defmed as impoundments for containinl!: drinking water supplies.
~
All facilities shall be located in areas posing minimal threats to the contamination
of drinking water supplies contained in reservoirs and aaueducts. Evaluation of
such threats shall include airborne emissions potential to contaminate surface
water.
11. Discharge of treated effluent
~
Discharge of treated effluent is defmed as the availability of wastewater treatment
facilities to accept treated wastewater (effluent). or the abilitv to discharge treated
effluent directly into a stream. including a dry stream bed. or into the ocean
through a state-permitted outfall.
~
Facilities generating wastewaters shall be located in areas with adeauate sewer
capacity to accommodate the expected wastewater discharge. If sewers are not
available. sites should be evaluated for ease of connecting to a sewer. or for the
feasibility of discharging directly into a stream or the ocean.
PROTECf GROUNDWATER OUALITY
Residuals repositories:
Current State Water Resources Control Board (SWRCB) regulations. as implemented by the
Regional Water Ouality Control Board. including:
~
Immediately underlain by natural geologic materials with permeability of not more than
lX10-7 em/see (1.24 in/vd.
~
Natural material shall be of sufficient thickness to prevent vertical movement of fluid.
including waste and leachate. to waters of the state for as long as they pose a threat to
water auality.
~
Lateral movement prevented by natural or artificial barriers.
In addition to the preceding siting criteria. the current SWRCB regulations also include the
following construction standards:
~
Compatibility of the wastes with construction materials.
~
Clav liner at least 2 feet thick (in addition to natural material and synthetic liner).
~
A leachate collection system adeauate to collect and remove twice the maximum
anticipated daily volume.
1
The interpretation of this reauirement by Regional Water Ouality Control Boards needs
to be clarified and standardized.
WPC F:'HOME'PLANNING'0324P
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~
A cover adequate to prevent percolation of precipitation through the wastes.
~
Precipitation and drainage controls.
~
Seismic design.
All other facilities:
Current State Department of Health Services regulations reQuire double containment for
underground storage. In addition. the following criteria (Nos. 12 to 18) apply to non-repository
facilities.
12. Proximity to supply wells and well fields
Proximity to supply wells and well fields is defined as the distance to areas used for
extraction of groundwater for drinking water supplies by high-capacity production wells
and identified by the presence of several wells that constitute a well field.
Hazardous waste facilities shall locate outside the cone of depression created by pumping
well or well field 90 days unless an effective hydrogeologic barrier to vertical flow exists.
13. Depth to Groundwater
Depth to groundwater is defined as the minimal seasonal depth to the highest anticipated
elevation of underlying groundwater from the bottom of any proposed waste-containing
facility.
The foundation of all containment structures at the facility must be capable of
withstanding hydraulic pressure gradients to prevent failure due to settlement.
compression. or uplift as certified by a registered civil engineer or engineering geologist
registered in California.
14. Groundwater monitoring reliability
Groundwater monitoring reliability is defined as the dependability of a scientifically
designed monitoring program to measure. observe. and evaluate groundwater auality and
flow.
Where the risk assessment and/or environmental review have identified any potential
impacts to groundwater. in addition to reauired mitigation measures. a reliable
groundwater monitoring program shall be required as specified bv the City.
WPC F:\HOME\PLANNlNG'4l324P
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ICE ,,57
15. Maior aQuifer recharge areas
Maior aQuifer recharge areas are defined as regions of principal recharge to maior
regional aQuifers. as identified in the existing literature or bv hydrogeological experts
familiar with the San Diego region. Such recharge areas are typically found in:
~
Outcrop or subcrop areas of maior water-yielding facies of confined aQuifers.
~
Outcrop or subcrop areas of confining Units that supply maior recharge to
underlying regional aQuifers.
Facilities with surface or subsurface storage/treatment located within one-half mile of a
potential drinking water source shall have a groundwater study conducted to determine
appropriate buffer zone and mitigation measures.
16. Permeability of surficial materials
Permeability of surficial materials is defined as the ability of geologic materials at the
earth's surface to infiltrate and percolate water.
Facilities locating in areas where surficial materials are principally highly permeable
materials shall conduct an appropriate groundwater study. and provide for appropriate
mitigation measures such as increased spill containment and an inspection program.
17. Existing groundwater Qualitv
Existing groundwater Quality is defined as the chemical Qualitv of the groundwater in
comparison to the U.S. Environmental Protection Agencv Interim Primary and SecondarY
Drinking Water Standards and. for constituents with no standards. to guidelines suggested
bv research reported in the literature.
The Environmental Protection Agencv has released guidelines defining protection policies
for three classes of groundwater. based on their respective value and their vulnerability
to contamination. The three classes are: .
~
Class I: Groundwater that is highly vulnerable to contamination and characterized
bv being irreplaceable (no reasonable alternative source of drinking water is
available) or ecologically vital (if polluted. would destroy a uniQue habitat).
These are designed as Special Groundwaters.
~
Class ll: Current or potential sources of drinking water and waters having other
beneficial uses.
WPC F;\HOMF-PLANNIN<Nl324P
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~
Class ill: Groundwaters not considered Dotential sources of drinking water and
of limited beneficial use (waters heavily saline [IDA levels 10.000 DDml) or
otherwise contaminated beyond levels that allow cleanuD using reasonably
emDloved treatment methods).
Facilities located in areas where existing groundwater Qualitv is Class I or Class Il shall
conduct an aDDroDriate groundwater imDact study as Dart of the environmental review. and
shall Drovide increased sDill containment and insDection measures in addition to other
identified mitigation.
18. Proximitv to groundwater deDendent communities
Prohibit siting within groundwater drainage basin(s) within which groundwater deDendent
communities exist. exceDt for any Donion of such basin(s) 5 miles or more
down-elevation from the boundaries of the subiect communitv(ies).
PROTECf AIR OUALITY
Current San Diego Air Pollution Control District (APCD) regulations imDlementing federal. state
and local air Qualitv regulations including Rules 20.2 and 20.3 governing new source review. the
APCD's standard Drohibitions and Rule 51 covering Dublic nuisances. Rule 51 would tvDicallv
aDDlv to all tvDes of hazardous waste treatment facilities. The County of San Diego DeDartment
of Health Services imDlementation of reSDonse Dlans for acute and accidental hazards (Dursuant
to AB 3777) would also cover air Qualitv issues.
~
The City shall involve the APCD in the screening and scoDing Drocess for the reQuired
Health Risk Assessment on all facilities. and the risk assessment shall address all Dotential
emissions and indicate whether any have the Dotential to adversely affect human health
and the environment. and to what extent.
PROTECf ENVIRONMENTALLY SENSmVE AREAS
19. Wetlands
Facilities shall not be located in wetlands such as saltwater. fresh water. and brackish
marshes. swamDS and bogs inundated bv surface or groundwater with a freQuency to
SUDDOn. under normal circumstances. a Drevalence of vegetative or aauatic life which
reauires saturated soil conditions for growth and reDroduction. as defined bv local.
regional. state or federal Dlans and guidelines.
20. Proximitv to habitats of threatened and endangered sDecies
Habitats of threatened and endangered sDecies are defined as areas known to be inhabited
Dermanentlv or seasonally or known to be critical at any state in the life cycle of any
sDecies of wildlife or vegetation identified or being considered for identification as
"endangered" or "threatened" bv the U.S. DeDartrnent of Interior or the State of
California.
WPC F:\HOMlN'LANNlNG"ll324P
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lil'l'l
Facilities shall not be located within critical habitat areas. as defined in local. regional.
state or federal plans.
21. Natural. recreational. cultural. and aesthetic resources
Natural. recreational. cultural. and aesthetic resources are defined as public and private
lands having local. regional. state. or national significance. value. or importance. These
lands include national. state. regional. countv. and local parks and recreation areas.
historic resources. wild and scenic rivers. scenic highwavs. ecological preserves. public
and private (e.g.. Natural Conservancv Trust for Public Lands) preservation areas. and
other lands of local. regional. state. or national significance.
All facilities shall avoid locating in. or near these areas. The risk assessment and
environmental review shall identifv these resources proximate to the facility and its maior
transportation routes. Pursuant to demonstrated necessity. and at the discretion of the City
Council. some facility operations or transportation routes may be allowed within unused
or compatible portions of certain public lands.
22. Prime agricultural lands
Prime agricultural lands. under California law. may not be used for urban purposes unless
an overriding public need is served. When siting hazardous waste management facilities
in these areas. overriding public service needs must be demonstrated to the satisfaction
of the City Council.
23. Mineral deposits
Facilities shall not be sited so as to preclude extraction of minerals necessarY to sustain
the economy of the State.
24. Public facilities and militarY reservations
Public facilities and militarY reservations are defined as lands owned by federal. state.
county. or local governments on which facilities used to supply public services and
Department of Defense (DOD) bases and installations are located. In particular. these
lands would include highway maintenance and storage areas. airports. city or county
corporation yards. waste disposal facilities. sewage treatment facilities. state school lands
(lands deeded to the state when California was admitted to the Union), and militarY bases
and installations.
WPC F:\HOMNI.ANNIN<Nl324P
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It! ..I../)
It is the policy of the Department of Defense that militarY land shall not be considered
for public hazardous waste management facilities. Howeyer. the militarY currently has
hazardous waste treatment and storage facilities located on militarY bases in the San
Diego region and has in the past leased militarY land to public agencies for waste
management functions (Miramar Landfill).
Therefore. militarY lands are potentially ayailable for the siting of new facilities for the
handling of militarY hazardous waste (new facilities for the handling of militarY hazardous
waste (new facilities are proposed in the U.S. Nayy's 5-year budget. Militarv land may
be considered for lease or sale for public hazardous waste facilities. at the discretion of
the militarY.
SAFE TRANSPORTATION OF HAZARDOUS WASTE
~
The City shall reauire preparation of a traffic/transportation study as part of the
enyironmental reyiew and risk assessment for all facility proposals. which study shall
account for all factors addressed in items #25 to #29. and consider both existing and
proiected land use and circulatory conditions pursuant to the General Plan.
25.
Proximity to areas of waste generation
Proximity to areas of waste generation is defined as the trayel time from the maior market
areas of waste generation to the proposed facility.
All facilities except residuals repositories by yirtue of location. should minimize trayel
time for all market areas of waste generation. on a weighted basis. with no maior market
areas beyond a one-way trayel time of one day (including loading and unloading).
For the residuals repository. one-way transportation time. including loading and unloading.
from any maior market areas would not exceed one day. with the maiority of the driying
time spent on maior routes (state and interstate diyided highways).
Total transportation costs for incineration facilities should represent a modest portion of
the total cost of using such facilities including drop charges.
Transfer facilities should be located within each maior area of waste generation to
encourage maximum use.
Alternate transoortation by rail may be eyaluated in regard to specific locations for
feasibility and efficiency.
In comparison with multiple small facilities. economies of scale for a single centralized
facility may offset the additional transportation cost.
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J< i -L'
26. Distance from maior route
Distance from a maior route is defined as the distance along a minor route (city street.
boulevard. or undivided highway) that a truck must travel to reach the facility after
leaving the maior route (state or interstate divided highway).
Distance traveled on minor roads should be kept to a minimum. Facilities are best
located near an exit of a maior route.
Only locations adiacent to maior routes or accessed from maior routes via routes used
locally for truck traffic (e.g.. truck routes) should be considered for transfer or treatment
facilities.
The facility developers may propose to build a direct access road to avoid the minor
route(s).
27. Structures fronting minor routes
Structures fronting minor routes are defined as the number and type of residences.
schools. hospitals. and shopping centers having primary access from the transportation
route between the entrance of a facility and the nearest maior route.
Facilities should be located such that any minor routes from the maior route (state or
interstate divided highway) to the facility are used primarily by trucks. and the number
of non-industrial structures (homes. hospitals. schools. etc. is minimal.
The facility developer shall evaluate the "population at risk" based on the Federal
Highway Administration's Guidelines for Applying Criteria to Designate Routes for
Transporting Hazardous Materials. The population at risk factor should not exceed that
for existing facilities. and sites with lower factors should be preferred.
Specific highway segments may be scheduled for CALTRANS improvement
Transportation could be curtailed during peak use by automobiles. school traffic. etc.
28. Highway accident rate
The highway accident rate is defined as the occurrence of minor to fatal accidents per
vehicle miles traveled. as recorded by the California Department of Transportation.
The minimum time path from maior market areas to a facility should follow highways
with low to moderate average annual daily traffic and accident rates. as guided by the
research and findings of state. recional. county. and city transportation planners.
WPC F:\HOMBPLANNlNG'D324P
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18~'" z..
Specific highway segments may be scheduled for CAL TRANS improvements which may
decrease highway accident rates.
Hazardous waste transportation could be curtailed during periods of greatest automobile
traffic.
The facility developer should work with the region. county. and city transportation
planners in selecting alternate routes.
29. Capacity versus AADT of access roads
Capacity versus average annual daily traffic (AADTl of access roads is defined as the
number of vehicles that the road is designed to handle versus the number of vehicles it
does handle on a daily basis. averaged over a period of one Year.
The changes in the ratio of route capacity to average annual daily traffic should be
negligible after calculating the number of trucks on the maior and minor routes expected
to service the facility.
Facilitv developer may propose to upgrade the road(s) to provide additional capacity.
PROTECT SOCIAL AND ECONOMIC GOALS
30. Consistency with General Plan
~
Consistency with the General Plan is defined as consistency of the proposed
facility with the goals. obiectives and policies of the Citv as expressed bv the
General Plan. Specific Plans. implementing ordinances. and other applicable
programs.
~
As provided bv Section 25199.5 of the California Health and Safety Code. the
consistency of any proposal with the General Plan. Specific Plans. zoning
ordinances. and other applicable programs shall be based on their provisions as in
place at the time the associated application for a land use decision is accepted as
complete.
~
The proposed facility should be sited at one of the most consistent locations
within the City as reflected in the General Plan. Specific Plans. zoning ordinances.
and other applicable planning programs.
~
The evaluation of consistency shall be based directly upon the provisions of the
General Plan. Specific Plans and zoning ordinances in effect. and shall not take
into consideration any mitigation measures proposed bv the proponent to further
community goals which are not proiect specific and directly related to identified
public health and safety. and environmental concerns.
~
Developer rnav petition for an amendment to the General Plan.
3-57
WPC F:'IHOMlN'LANNING'4J324P
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31. Direct revenue to the City
Direct revenue to the City is defmed as the uresent worth of the dollar amount of annual
urouertv tax revenue and any other direct uavments (e.lZ..local usalZe and uer cauita taxes.
hazardous waste taxes) that the facility will contribute to the City durinlZ the ueriod of
construction and the facility's oueratinlZ life.
The urouosed facility's uower for tax and revenue lZeneration relative to both current site
users and other reasonably urosuective site users in terms of amount. stability. and cost
to the City should not show a net loss.
The City may consider comuensation urOl!:fams which could offset urojected losses either
direct! v or indirect! v.
32. ChanlZes in emulovment
ChanlZes in employment are defined as the total number of permanent full- and uart-time
jobs resultinlZ from the construction and operation of the facilitv. includinlZ the number
of each tvDe of job expected to be followed bv local residents.
If this clearly is an issue causinlZ disal!:feement between the facility develouer and the
City. then the develouer shall fund an independent study of the issue.
The developer and the City shall al!:fee beforehand on the scope of the study and who will
conduct it. The sophistication of the study methods shall be appropriate to the nature and
size of the facility and the City's del!:fee of concern with the uarticular issue.
If the number of jobs accounts for a silZnificant portion of employment in the area. then
the developer should provide appropriate prOl!:fams to address the socio-economic and
public services impacts on the community.
Fair Share
The Southern California Hazardous Waste ManalZement Authoritv (SCHWMA) provides oversilZht
and coordination toward resolvinlZ 10callZovernment sitinlZ issues in Southern California throulZh
its RelZional Action Plan. which is in part founded uuon the 10 Fair Share Principals and Fair
Share Formula discussed on palZes IX-35 to -37 of the COHWMP. Those principles and formula
are desilZned to recolZnize that the minimum size. for an economically viable hazardous waste
facility willlikelv exceed the needs of any local jurisdiction in which it is located. and in some
instances the county-wide needs for certain waste streams. As this situation exists in all counties.
relZional cooperation is necessarY to address the siting of needed hazardous waste facilities both
between and within counties. ThroulZh the establishment of inter-lZovernmental al!:feements.
assurances can be made that all cities and counties share in the resuonsibilitv for proper treatment
and disposal of their entire waste stream. The Fair Share principles and Formula have been
adopted as part of the COHWMP. and are to be considered bv local jurisdictions in makinlZ
facility sitinlZ decisions.
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At present. however. there does not exist clear direction as to how a local jurisdiction is to
consider and applv fair share principles to specific facility siting proposals. The principles
contained in the COHWMP. as derived from SCHWMA's Regional Action Plan. focus on
whether county-wide needs for waste treatment and disposal are being met through either facility
capacity within the countv. and/or effective inter-governmental agreements with other counties.
In such context. emplovment of fair share considerations at the local level in evaluating new or
expanded facility proposals mav be significantlv impacted if Countv-wide needs. which the
jurisdiction has no direct authority over. are not being fullv addressed. This situation does not
recognize jurisdictions within the County which are alreadv host to hazardous waste facilities.
nor does it prescribe how a County mav acceptablv develop internal fair share policies which
define when a local jurisdiction has met its reasonable fair share of regional responsibilities. As
the fair share concepts are somewhat new. further efforts are necessary to develop more snecific
fair share policies within San Diego County to clarifv eauitable facility siting and other waste
management responsibilities among the Region's jurisdictions. Such policies might also take into
consideration the Me and amount of other regional facilities to which a iurisdiction is host.
The Citv recognizes its responsibilitv for the management of hazardous waste. and the
COHWMP's fair share principles. and will applv an interim fair share concept in the local
regulatorv process for hazardous waste facilities which addresses the Citv's involvement in an
amount proportionate to waste generated within the City. and a reasonable fair share of overall
needs within San Diego County. The City's intent is to recognize other communities' needs to
accept responsibility for. and/or site. an equitable share of needed facilities. especially if the
generation of waste is from communities which are not actively undertaking efforts to achieve
on-site treatment and waste minimization.
In coni unction with the aforementioned. when reviewing applications for new or expanded
hazardous waste facilities. the City will consider the following in the fair share evaluative
process:
11 The City shall reauire the proponent to identify the location of waste sources. and
the respective volumes of the particular waste stream(s) from each of those
sources it will serve. including those specifically known at the time of application.
as well as those estimated in the future. The City shall also require the proponent
to submit data with respect to county-wide waste needs. existing facility
capacities. and intergovernmental agreements. so as to provide a complete
comparative base.
11 The City shall evaluate and consider the minimum waste stream necessary to
ensure the economic feasibility of the proposed facilitv.
11 The City will review the efforts put forth by the communities generating the
involved wastes to reduce their off-site treatment needs through on-site treatment
and waste minimization techniques.
~ Based on an analysis of this data. considering waste generated by the City. other
South bay Communities. the remainder of San Diego County. and other
jurisdictions outside the Region. the City shall identify any concerns with respect
to fair share concepts. and as appropriate shall reauire mitigation through
WPC F:\HO:ME'\PlANNINCi'0324P
3-59
'CE-'S
conditions of use limiting the volumes or tvPes of wastes received. and/or bv
reouiring compensation/incentive programS to be established.
Processinl!: and Permittinl!:
Application of the various policies and criteria to the review of hazardous waste facilitv
proposals. and the necessary coordination for such proposals with involved Federal. State. and
Regional agencies. reauires the establishment of specific implementation measures. A subseauent
implementing ordinance(s) shall be prepared which will set forth all applicable procedural
reauirements including. but not limited to. pre-application processes. submittal reauirements for
environmental reviews. risk assessments and conditional use oermits. coordination and
involvement of State and local agencies and the Local Assessment Committee. facilitv operational
controls such as emergencv contingencv plans and monitoring programs. and local enforcement
provisions.
5.& 6 SCHOOL DEVELOPMENT POLICIES
In 1987, with the passage of Assembly Bill 2926, the State of California declared the issue of
new school construction to be of statewide concern. That legislation authorized school districts
to collect fees as a prerequisite for residential and commercial/industrial development. Fee
collection of up to $1.50 per square foot of habitable area for residential development and $0.25
per square foot of new commercial/industrial development was approved. The levy may be
increased annually to accommodate inflation if authorized by the State of California State
Allocation Board.
Fees collected pursuant to AB 2926 may only be used to provide temporary facilities and/or
service the matching funds requirement should the district participate in the Leroy Green
Lease-Purchase School Facilities Program.
Additional revenue generating mechanisms, including financing for permanent facilities are:
1. General Obligation Bonds
2. Mello-Roos Community Facilities Districts
3. Certificates of Participation
4. District's share of Redevelopment Funds
5. Sale of Surplus Land
6. Developer fee programs.
All new school related development must be approved by the State of California Office of State
Architect prior to construction. To facilitate approval at the state level, the school districts use
the following criteria:
1. The new senior high schools shall be constructed to accommodate approximately
2,400 students and shall be designed to allow for a four-year curriculum.
2. New junior high/middle schools shall be constructed to accommodate
approximately 1,400 students.
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'8' .,,,
3. New elementary schools shall be constructed to accommodate approximately 650
students.
4. A senior high school shall consist of at least 50 usable acres; a junior high/middle
school site; 20 usable acres. The acreages may be reduced to encourage the joint
use of community parks where appropriate.
5. An elementary school site shall consist of at least 10 usable acres. The district
encourages joint use with parks where appropriate.
6. School sites shall be located in proximity to major arterials, and primary ingress
and egress to the site shall be controlled by a signalized intersection.
7. The proposed land uses adjacent to a school site shall be planned in such a
manner as to minimize noise impacts and maximize harmonious development
between the two uses.
8. To further community development and enhance the quality of life, schools should
be centrally located in residential neighborhoods in order to best serve the
majority of the student population.
9. School development is subject to the California Environmental Quality Act
(CEQA). Therefore, prior to accepting the dedication of a school site, the district
will require an examination of the existing environmental conditions (seismology
and geology, etc.) to determine its adequacy.
5.6 LmRARY DEVELOPMENT POLICIES
In order to serve the public in the most effective and efficient manner the selection of new library
sites should be based on the following criteria:
1. Proximity to Community Activity Centers or neighborhood retail centers.
2. High visibility from the streets providing access.
3. Primary ingress and egress to the site controlled by a signalized intersection or
other adequate vehicular control.
4. Compatibility with the surrounding neighborhood character.
5. Minimum displacement of existing residents and businesses.
6. Minimum costs.
In addition, site should be of sufficient size, shape and topography to provide for the
development of a library facility that will meet the following criteria:
1. One level structure of the required size to meet the service standards.
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3-61
18~.' ..,
2. Public and staff parking in accordance with City standards.
3. Adequate allowances for landscaping and building setbacks requirements.
The planning and design for the library buildings should be in accordance with the following
guidelines.
1. Library space of .5 to .7 gross square feet per resident
2. Three books per capita, plus spoken word audio cassettes, video cassettes and
compact disks.
6. REFERENCES
The following reports and studies were used in the preparation of the Public Facilities Element:
1. P&D Technologies. Chula Vista General Plan, Land Use Element
2. Otay Water District Central Area Water Master Plan Update. March 1987.
3. Sweetwater Authority. Water Master Plan Update, November 1985.
4. Engineering-Science, Inc. Water Feasibility Study. May 1987.
5. Engineering-Science, Inc. Wastewater Feasibility Study. May 1987.
6. San Diego County Water Authority. Water Market Assessment September 1988.
7. Lawrence, Fogg, Florer and Smith. Drainage Master Plan Report. 1964.
8. Leedshill-Herkenhoff, Inc. Drainage and Flood Control Summary Report. August 1987.
9. County of San Diego, Division of Solid Waste. Regional Solid Waste Management Plan.
1986. .
10. Engineering-Science, Inc. Solid and Hazardous Waste Control Feasibility Study. May
1987.
II. County of San Diego, Division of Hazardous Waste. Hazardous Waste Management Plan.
May 1989.
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COUNCIL AGENDA ITEM #19
February 23, 1993
MAYOR PRO TEMPORE RINDONE:
New staff recommendation:
That Item # 19 Public Hearing be continued to a date and
time certain, that being March 9, 1993 at 6:00 p.m.
I'I~
CULTURAL ARTS COMMISSION
RECEIVED
'93 FEB 10 P2:17
January 26, 1993
C...IITY OF CHULA VISTA
CITY CLERK'S OFFICE
The Honorable Mayor and
City of Chula vista
c/o city Clerk as Board
276 Fourth Avenue
Chula Vista, Ca. 91910
City Council
and Commissions Report
Attached is a proposed contract for use of the Community
Congregational Church by the Cultural Arts Commission and the
pUblic for the purpose of conducting our annual music competition.
Also attached hereto is an Indemnity and Hold Harmless Agreement
which the Church is requesting that the city sign indemnifying them
from any injuries that may occur as a result of holding the event
at their facility.
Please review same, and if it meets with your approval, please
approve the "Contract for Use of Facility" and the "Indemnity and
Hold Harmless Agreement" and authorize the Mayor to execute same.
Sincerely,
k~
Pat Ables, Chairman
Cultural Arts Commission
cc: city Manager
City Attorney
C:\h\cultarts
dI) --I
COMMUNITY CONGREGATIONAL CHURCH
UNITED CHURCH Of CHRIST OF CHULA VISTA
CALIFORNIA
CONTRACT fOR USE OF fACILITY
Name, address, telephone number of organization:
Person in charge:
Facility to be used for:
Date(s) to be used:
Time(s):
Part(s) of facility to be used:
Key(s; issued:
Date:
To be returned by:
Equipment borrowed:
Date:
To be returned by:
Responsible for (where appropriate): Turning off all lights (except outside floods, etc.);
Checking restrooms to be sure lights are off, etc.; Making sure each outside door is
locked (please test it after turning key); Making sure everyone is out of the building;
Making su're all stove burners are turned off, all kitchen fans are off, all coffee pots,
refrigerator doors closed tight; Making sure all windows are closed and locked.
Name
Date
Contract issued by:
~D-2
INDEMNITY AND HOLD HARMLESS AGREEMENT
agrees to indemnify and hold the
Community Congregational Church United Church of Christ, Chula
Vista ("Church") and the property of the Church, including said
premises, free and harmless from any and all claims, liability,
loss, damage, or expenses resulting from its occupation and use of
said premises, specifically including, without limitation, any
claim, liability, loss, or damage arising by reason of:
a) The death or injury of any person or Rersons, in-
cluding the undersigned or any person who is an
employee, agent, member or invitee of the under-
signed, or by reason of the damage to or destruction
of any property, including property owned by the
undersigned or any person who is an employee, agent,
member or inv i tee of the unders igned and caused or
allegedly caused by either the condition of said
premises, or some act or omission of the Church or
undersigned on said premises 1
b) The failure of the Church or the undersigned to com-
ply with any requirement of law or any requirement
imposed on the Church or the premises by any duly
authorized governmental agency or political subdivi-
sion.
Da ted:
20'~
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item .~ J
Meeting Date 2/23/93
Ordinance .;.5'~:J Amending Sections 2.36.010 and
2.36.030 of the Chula Vista Municipal Code relating to the
advisory duties of the Human Relations Commission
Resolution 1'71:>(:75 Withdrawing from, and causing the
dil!solution of, the South Coast Organization Operating Transit
(SCOOT).
Director of Public Works ~
City Manage# (4/5ths Vote: Yes_No..XJ
ITEM TITLE:
SUBMITTED BY:
At its meeting on April 29, 1992 the SCOOT Board directed staff to investigate the
ramifications of dissolving SCOOT and to report back to the Board with a
recommendation on this matter. Both City and County Transit staffs have examined
issues relating to SCOOT dissolution, and find no negative impacts to either the City
or the County if this Joint Powers Agency (JPA) were dissolved. A positive result of
dissolution would be a reduction of time spent on SCOOT related matters by City and
County staffs, and the three elected officials on the SCOOT Board. Dissolution also
would terminate the SCOOT Senior and Disabled Transportation Advisory Committee.
RECOMMENDATION: That Council introduce ordinance for first reading amending
Sections 2.36.010 and 2.36.030 of the Chula Vista Municipal Code relating to the
advisory duties of the Human Relations Commission, and adopt resolution
withdrawing from SCOOT to cause the dissolution of SCOOT, effective at midnight
June 30, 1993.
BOARDS/COMMISSION RECOMMENDATION:
1. At its meeting on January 13, 1993, the SCOOT Senior and Disabled
Transportation Advisory Committee concurred with staff recommendation that
the Human Relations Commission become the advisory group for both Chula
Vista Transit and HandYtrans if SCOOT is dissolved on June 30, 1993. In
addition, the Committee indicated its continuing interest in senior and disabled
issues pertaining to both CVT and HandYtrans. Accordingly, the Committee
proposed that if the Human Relations Commission assumes advisory
responsibilities for both systems on July 1, 1993 as proposed, that the
Commission consider creating a subcommittee that would deal only with senior
and disabled public transportation issues.
~J .../
Page 2, Item .2 J
Meeting Date 2/23/93
2. The proposal to amend Sections 2.36.010 and 2.36.030 of the Chula Vista
Municipal Code was on the Human Relations Commission agenda for its
February 10, 1993 meeting, and the Commission adopted the following motion:
"The Human Relations Commission is willing to accept
responsibility for advisory matters on Chula Vista Transit and
HandYtrans. "
DISCUSSION:
Scoot Dissolution
SCOOT was formed in 1979 as a JPA between the City of Chula Vista and County
of San Diego in response to the Transportation Development Act ("TDA"). The TDA
required a mandatory 20% farebox recovery. If an agency failed to meet this
requirement, local funds were required to make up the difference. The TDA, however,
provided a five year grace period for recently formed transit authorities to meet this
percentage. At the time of its enactment, the City experienced a 15% farebox
recovery and the creation of SCOOT prevented the loss of City funds.
The reasons for SCOOT's formation are no longer valid. Chula Vista Transit's (CVT)
recovery ratio was around 15% in the late 1970's, but today exceeds 40%. In
addition, MTDB's legislative authority was changed in the mid-1980's to include all
the regional Article 4.0 funded operators under a regional recovery ratio requirement.
Therefore, the primary reason for SCOOT's formation - meeting the mandatory 20%
recovery ratio - is no longer relevant. Secondly, other operators, such as National City
Transit, were approached in the past about joining SCOOT but have declined, primarily
because there did not appear to be any operations or fiscal benefits from joining.
The disadvantages for retaining SCOOT are primarily administrative and include the
following:
Staff time to prepare for meetings (Transit staff prepares Agenda
Statements; City Attorney prepares Resolutions and reviews
contracts; administrative support services for Agenda preparation,
mailing Agendas, meeting notices, attending meetings, and taking
minutes at meetings.)
SCOOT meetings generally duplicate Council action, since all
policy matters are first presented to the Council before going to
the SCOOT Board.
The necessity to take all Transit items to the SCOOT Board for
final approval tends to slow down the decision-making process
and implementation of Council approved actions, since SCOOT
,)..1 .~
Page 3, Item .2
Meeting Date 2/23/93
meetings are called infrequently (about 4 times a year) and only
when items need to be considered by the Board.
The JPA provides that SCOOT may be dissolved if half of the JPA members withdraw
from SCOOT. Since there are only two members of SCOOT, if either the City or the
County withdraw, then SCOOT is dissolved. The Transit Coordinator checked with
MTDB, SANDAG, the City Finance Department, and Risk Manager, and the City
Attorney's Office regarding SCOOT dissolution. There do not appear to be any
negative impacts to either the City of Chula Vista or County of San Diego if SCOOT
were dissolved. Upon dissolution, the City's Article 4.0 TDA funds currently claimed
by SCOOT would be claimed directly by the City. Other changes would be primarily
administrative and include: changing SCOOT-owned fixed assets (buses, fare boxes,
etc.) to the City; changing the SCOOT budget to a City budget; and preparing future
contracts to be in the name of the City, rather than SCOOT. Rather than assigning
the five contracts that currently exist between SCOOT and other entities to the City,
they will expire by their terms on June 30, 1993.
The decision to dissolve SCOOT should occur now so that administrative changes
resulting from dissolution could become effective the next fiscal year beginning July
1, 1993. The effective date for the dissolution should occur on June 30, 1993 when
all operating and service agreements with SCOOT will expire.
Advisorv Issues for CVT and HandYtrans
If Council approves SCOOT dissolution, the SCOOT Senior and Disabled
Transportation Advisory Committee will cease to exist. This Committee is an advisory
group on senior and disabled issues pertaining to Chula Vista Transit and HandYtrans.
The Committee was established in 1979 as the Mayor's Elderly & Handicapped
Transportation Advisory Committee to assist in the start-up of HandYtrans. The
Committee originally was intended to disband after one year but it has continued
meeting on a quarterly basis. In 1985, its title was changed to the SCOOT Elderly
and Handicapped Transportation Advisory Committee (the term "elderly and
handicapped" was changed to "senior and disabled" in 1992). This change was for
two reasons: to expand its scope to include Chula Vista Transit; and to permit two
Committee members, who were residents of the Montgomery area prior to annexation
to the City, to continue serving on the Committee. However, the Committee's
primary focus has always been on senior and disabled issues pertaining to
HandYtrans, and to a lesser extent, CVT.
If SCOOT and the Committee are dissolved, staff considered options for providing
public input on transportation matters for both CVT and HandYtrans. These options
included: no advisory group for either system, one advisory group for both systems
and two advisory groups - one for each system.
~/'J
Page 4, Item J {
Meeting Date 2/23/93
No Advisorv Grouo
Ridership on both systems, particularly CVT, has grown considerably during recent
years. Last fiscal year CVT carried over 2 million passengers and HandYtrans
transported almost 34,000 passengers. HandYtrans has been designated the
Complementary Paratransit service under the Americans with Disabilities Act (ADA)
and its passengers generally are individuals who have difficulty riding CVT. CVT
carries a broader spectrum of riders including commuters, students, seniors and
disabled persons. Considering the large number of passengers carried on both
systems, it is staff's opinion that a mechanism to solicit community input on certain
planning and operations issues for both systems is appropriate.
Number of Advisorv Grouos
Another consideration is whether there should be a separate advisory group for CVT
and HandYtrans or one advisory group for both systems. One advantage of a
separate advisory group for each system is the ability to focus on service and planning
issues that may be unique to each system. However, there are also many issues that
are common to both systems; and the ADA requirements encourage greater service
coordination between paratransit and fixed-route systems. Therefore, it is staff's
opinion that one advisory group would have the ability to deal effectively with
transportation issues applicable to both systems.
Advisorv Grouo for CVT and HandYtrans
Based on the assumption that one advisory group is adequate for CVT and
HandYtrans, staff considered two options: expand the function of the Human
Relations Commission (HRC) to include HandYtrans; or create a new commission
(perhaps called "Transit Advisory Commission") to deal exclusively with public
transportation issues related to CVT and HandYtrans.
Exoand HRC
The HRC currently has the authority to advise Council on CVT matters; modification
to the Chula Vista Municipal Code relating to the advisory duties of the HRC could
expand its duties to include HandYtrans. One function listed in the ordinance
establishing the HRC (Section 2.36.010) states: "It is a further duty and function of
the Human Relations Commission to advise the City Council on matters involving
Chula Vista Transit, relating to operational activities and especially as to how well
Chula Vista Transit serves the needs of Chula Vista citizens." Transit staff has
presented CVT issues to the HRC on a few occasions in the past, but the use of the
Commission as a transportation advisory group has been underutilized.
The Transit Coordinator discussed this option to expand the role of the HRC with the
Commission at its meeting on February 10, 1993. In addition, in January 1993, the
~I ''/
Page 5, Item dJ./
Meeting Date 2/23/93
Transit Coordinator discussed the issue of an advisory group for CVT and HandYtrans
with the SCOOT Senior/Disabled Committee. The Committee also concurred with the
proposal for the HRC to assume advisory responsibilities for both CVT and
HandYtrans, but suggested that if the HRC's role is expanded that the HRC consider
establishing a subcommittee to focus on senior/disabled transportation issues, and
that existing Committee members might serve on this subcommittee.
At its February 10, 1993 meeting, the HRC expressed an interest in becoming more
involved in public transportation matters, and adopted a motion to expand its advisory
role to include both CVT and HandYtrans. Regarding the SCOOT Senior/Disabled
Committee's suggestion that the HRC establish a sub-committee to consider Senior
and Disabled issues, the Commission felt that any sub-committee of the Commission
should be composed of Commission members, and suggested that interested
committee members might apply for upcoming Commission vacancies. The HRC also
expressed the opinion that the full Commission should become more familiar with
transportation issues before appointing a sub-committee.
Create a New Commission
The other option staff considered is to establish a new commission that would deal
exclusively with public transportation issues related to CVT and HandYtrans. The
advantage to this option is that a new commission could be established, and
commissioners appointed, with a specific and exclusive interest in public
transportation matters. A disadvantage of this option is establishing another
commission and the costs associated with staffing that new advisory body.
In summary, staff recommends that the Human Relations Commission's advisory role
be expanded to include both CVT and HandYtrans. The HRC at its meeting on
February 10, 1993 concurred with this proposal and expressed an interest in being
the advisory body for both Chula Vista public transportation systems. The ordinance
before Council amends the HRC duties and responsibilities to include HandYtrans. If
this ordinance is approved by Council, Transit staff would begin taking transportation
issues for both CVT and HandYtrans to the Commission in FY 1993-94.
FISCAL IMPACT: SCOOT dissolution would have no negative impact on the City of
Chula Vista TDA Article 4.0 funds. It would result in reduced administrative costs due
to time spent preparing for and attending SCOOT meetings by both City and county
staffs, and the three elected officials who are SCOOT board members. There would
be no cost associated with expanding the advisory role of the HRC.
File: 08-032
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A./....r / 21-/'
ORDINANCE NO.
.2'>'13
AN ORDINANCE OF THE CITY OF CHULA VITA
AMENDING SECTIONS 2.36.010 AND 2.36.030 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO THE
ADVISORY DUTIES OF THE HUMAN RELATIONS
COMMISSION
The city Council of the City of Chula vista hereby
ordains as follows:
SECTION I: section 2.36.010 of the Chula vista Municipal
Code is amended to read:
2.36.010 Purpose and Intent.
A. It is the purpose and intent of the city council to redefine
and broaden the duties and functions of the human relations
commission as an advisory body, to make recommendations and
offer advice to the city council and the city manager in the
improvement and effectiveness of the interrelationships
between the various racial, religious, ethnic, socioeconomic,
age and handicapped groups of citizens forming the social body
of the city and to advise the city on how it may best proceed
in the realization of its stated goal to provide both physical
and social answers to the human care needs of said groups and
to accomplish, among other things:
1. The development of a mutual understanding and respect
among all such groups in the city;
2. The establishment and maintenance of contacts with groups
in the community which are concerned with interracial and
intercultural understanding, and to report to the city
council and city manager regarding the activities of
these groups;
3. The promotion of new and improved programs of services to
all local citizens in cooperation with peer boards and
commissions as well as the city manager;
4. The encouragement of citizen participation in local
government by providing a forum for discussion so as to
avoid recourse to conflict and disorder as a means of
resolving community relationship problems;
5. The protection and strengthening of the rights of various
racial, religious, ethnic, socioeconomic, age and
handicapped groups of citizens of Chula vista to insure
1
.21" ?
full enjoyment of their constitutional privileges without
regard to race, color, creed, national origin, sex or age
and the elimination thereby of prejudice, discrimination
or bigotry in this community;
6. The advancement of programs to assist senior citizens in
the realization and satisfaction of their needs for
adequate and decent housing, food, clothing and other
social concerns.
7. The strengthening and improvement of pro~rams to
stimulate housing for low and moderate income families
and individuals;
8. The encouragement of pOlicies and programs to fully
integrate the handicapped into the mainstream of
community life in the city.
B. It is a further duty and function of the human relations
commission to advise the city council on matters involving
Chula vista traRsit public transportation services, relating
to operational activities and especially as to how well Chula
vista traRsit these services serves the needs of Chula vista
citizens.
C. It is the intent of the city council to create healthy,
enlightened attitudes, policies and practices by establishing
this commission as an official body, not primarily as an
enforcement or audit agency, but as a commission which will
conduct careful surveys, advise intelligently, and use the
tools of education and motivation to the realization of the
objectives stated herein, which are the fulfillment of
democracy's promises and realization of constitutional
guarantees.
SECTION II: section 2.36.030 of the Chula vista
Municipal Code is amended to read:
2.36.030 Duties and functions.
In cooperation with other relevant boards and commissions, the
human relations commission shall perform the following duties and
functions:
A. Foster mutual understanding, respect and good will among all
racial, religious, national, ethnic, socioeconomic, age, sex
and handicapped groups in the city;
B. Enlist the cooperation of the various racial, religious,
ethnic, socioeconomic, age, sex and handicapped groups,
fraternal and benevolent associations and other groups in
2
~ I ..r
Chula vista in programs and campaigns devoted to eliminating
group prejudice, intolerance, bigotry and discrimination;
C. study the problems of prejudice, intolerance, bigotry,
discrimination and disorder occasioned thereby in all or any
fields of human relationship;
D. study, review, analyze and report to the city council and the
city manager the studies of state and federal agencies, and
legislative enactments of state and federal governments,
including but not limited to the several civil rights acts of
the united states government and the state;
E. Work together with city, state and federal agencies in
developing programs showing the contributions of the various
racial, religious, ethnic, age, sex and handicapped groups to
the culture and traditions of the city, state and nation;
F. Promote the establishment of local community organizations in
such neighborhoods as it may be necessary and desirable to
carry out programs to lessen tensions or improve group
relations in the community;
G. Create such advisory committees and subcommittees as, in its
judgment, will aid in effectuating the purposes of this
chapter;
H. Work with the several boards and commissions and departments
of the city toward the improvement of municipal services and
community relations including assistance in the development of
housing programs for low and moderate income families and
individuals, the full range of programs providing assistance
to senior citizens and the handicapped and actions to
eliminate age and sex discrimination;
I. Ini tiate and investigate complaints and ini tiate its own
investigation, after consultation with the city manager,
relative to the actions of city officials or city agencies,
except that instances of discrimination within the
jurisdiction of any federal or state commission or agency
shall be referred to such commission or agency.
J. Hold hearings and take testimony of any person under oath or
otherwise, relating to any matter under investigation or in
question before the commission;
K. Advise the city council and the city manager of policies and
programs of a formal and informal nature that will aid in
eliminating all types of discrimination based on race, creed,
national origin, ancestry, age or sex, and secure the
furnishing of equal services to all residents and maintain the
3
J-/"''j
quality of opportunity for employment and advancement in the
city government;
L. Prepare and submit to the city council and the city manager,
not less than once each fiscal year, a written report of its
activities and recommendations;
M. Consider Chula vista traRsit speratisRal items Dublic
transDortation services. including, but not limited to, route
structures; fares; eSRsitisR sf Buses vehicles; interface with
all other forms of transit and bench, bus stop and bus shelter
locations;
N. Assess Chula vista traRsi t Dublic transDortation service~ from
the standpoint of the Chula vista citizen and keep the city
council informed of the adequacy of service;
O. Consider and recommend to the city council the levels of
Dublic transDortation service~ ~ in Chula vista tFaRsit.
P. The commission shall be advisory in its function, and shall
have no police or enforcement powers. It shall issue no
reports or recommendations except through the city council and
the city manager.
SECTION III: This ordinance shall be in full force on
the thirtieth day after its adoption and effective as of July 1,
1993.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
F: \hcmelattomeylonl236
4
~/..,/t7
RESOLUTION NO.
17/J1)$'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WITHDRAWING FROM, AND CAUSING
DISSOLUTION OF, THE SOUTH COAST ORGANIZATION
OPERATING TRANSIT, EFFECTIVE JUNE 30, 1993
WHEREAS, On April 29, 1992, the South Coast Organization
Operating Transit ("SCOOT") Board directed staff to investigate the
advantages of dissolving SCOOT; and,
WHEREAS, SCOOT is composed solely of the city of Chula
vista ("City") and the County of San Diego ("County") whose
participating staffs support the dissolution of SCOOT because it
would reduce time duplicating matters already considered and
approved by the City and County; and,
WHEREAS, SCOOT was formed in 1979 as a Joint Powers
Authority between the City and the County in response to the
Transportation Development Act ("Act"); and,
WHEREAS, the Act required a mandatory 20% farebox
recovery ratio to prevent the additional expenditure of local
funds; at the time of the Act's adoption, the city's recovery ratio
was approximately 15%; and,
WHEREAS, the Act provided a five year grace period for
recently formed transit authorities, which the City was able to
benefit from by participating in SCOOT; and,
WHEREAS, the Act was amended in the mid-1980's to delete
the 20% farebox recovery ratio and the city's current farebox
recovery ratio exceeds 40%; and
WHEREAS, as a result, the original justification for the
creation of SCOOT no longer exists; and,
WHEREAS, SCOOT no longer performs a necessary function
and creates an unnecessary layer of government and has continued to
operate generally duplicating actions already approved by the city
and County; and,
WHEREAS, Paragraph 10 of the SCOOT Joint Powers Agreement
("JPA") provides that SCOOT may be dissolved if half its members
wi thdraw from SCOOT and since SCOOT is composed of only two
members, the City's withdrawal will dissolve the entity; and,
WHEREAS, Paragraph 10 of the JPA provides that upon
dissolution all assets and liabilities (and surplus money) shall be
distributed in proportion to the total contributions from all
annual Local Transportation Funds allocations of the member
agencies and the city is the only entity to make such contributions
J-./ ..-//
and therefore is entitled to all assets, as well as liabilities, of
SCOOT; and,
WHEREAS, there do not appear to be any negative impacts
to the City by dissolving SCOOT.
NOW, THEREFORE BE IT RESOLVED that the City of Chula
vista withdraws from SCOOT, effective at midnight on June 30, 1993.
BE IT FURTHER RESOLVED that said withdrawal will result
in the dissolution of SCOOT, effective at midnight on June 30,
1993.
BE IT FURTHER RESOLVED that the SCOOT Board is hereby
requested to direct SCOOT staff to take all necessary steps to
administratively transition from SCOOT to City of Chula vista
operation of Chula vista Transit, effective July 1, 1993.
Presented by
Approved as to form by
~
John P. Lippitt, Director of
Public Works
D. RJ.chard Rudol
City Attorney
F:\home\attorney\ICOOt.res
2
.~I .../,2.
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/23/93
ITEM TITLE:
Resol ution I '/IJI'J" designating and
representative agents for the City's
for Public Disaster Assistance Funds
authorizing
application
SUBMITTED BY: Acting Fire Chief ~~I
REVIEWED BY: City Manage1f (4/5th Vote: Yes_ No ~)
The City Council proclaimed a local emergency in the City of Chula
vista on January 19, 1993. The City is now applying for
federal/state assistance for damage sustained during the storms.
The state requires the designation of agents authorized to act on
behalf of the City in the filing of the application package for
financial assistance.
RECOMMENDATION:
That the Council approve the resolution.
BOARDS AND COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City of Chula Vista sustained damage during the winter storms
of January 6 - 18, 1993. With the Presidential Declaration of
Emergency on February 3, 1993, the Ci ty of chul a vista is now
eligible to file an application for federal/state financial
assistance. As the State requi res the designati on of
representative agents authorized to act on behalf of the City,
Staff recommends that the three individuals named in the
"Designation of Applicant's Agent Resolution" be authorized to act
on behalf of the City in submitting the application, answering
questions, and dealing with fiscal issues related to public
disaster assistance.
FISCAL IMPACT:
The application for public disaster assistance could have a
possible cost recovery of over $400,000 for the City.
~-I
RESOLUTION NO.
RESOLUTION DESIGNA7ING
REPRESENTATIVE AGENTS
APPLICATION FOR PUBLIC
FUNDS
AND AUTHORIZING
FOR THE CITY'S
DISASTER ASSISTANCE
WHEREAS, the City of Chula Vista proclaimed a local emergency
on January 19, 1993; and
WHEREAS, the City is applying for federal financial assistance
for damage sustained during the storms of January 6 through 18,
1993.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista authorizes the Mayor to sign the attached
"Designation of Applicant's Agent Resolution" which designates
persons authorized to act on behalf of the City.
~.(. J~ fY t'C~ tS.v-<.
Carol Gove
Acting Fire Chief
~ LA ~1(919J
D. Richard Rudol '
Assistant City Attorney
~~
:.~,)t~ ~I CaJ.i.fornja
Page 4
Statc Application 1"0. UI:.S
Feueral Disastcr FEMA. 979 .DR
FeucTilI I'.A. No.
OFfICE OF
r~ER~;ErlC's' SERV] CES
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
liE IT RESOLVED BY THE City Council
TH^T Robert S. Nelson
(Name)
OF THE City of Chula Vista. CA
Disaster Prenaredness Snec-iali~t
(Tilk)
John P. Lippitt
(Name)
OR
Director of Public Works
(Tille)
Lvman Christopher
(Name)
OR
Director of Finance
(Tille)
j, h,'rd)~ aUllHlri/ed 10 execule for and in behalf of the City of Chula Vista , a puhlic enlity
\.'"l.lhli"h\.'u ulHkr Ihl.' I"w:-. of lhl.' Slale of C"lifnrni,t, Lhi~ i:tppli<'''llion ItnJ 10 lik It in 1111,: Olli,.:l.: uf Emer!!l,.'n<.'y S~r\'k\.':\
Inl' thl,.' PUfjhl:-'l..' of llutaining certain f,,:ul.'r;ll fin;IOl.:iOlI ;I~:-.islancc under P.L. C)).~"S .1.'. aml,;mkd hy lhl,; Rllhl.'r1 T.
~1;Ii'fllrd Disaster Relief and Emergenc)' Assistance ACl of 1985, and/or ~latc Iinancial a:-.si:-.tancl.: unJ~r thl..' :"\;I(ur,,1
I)j....;I~I~r Assistance Act for winter storms , which occurfl:J in Januarv of 91
(fire, !lood, earthquake. elc.) (monlh :tnd year)
THAT the ChuLa Vista City Council ,a public enlily estahlished under Ihe I,aws of the Slat,' I,f
Calif"rnia, hereby aUlhorize~ ils agenl to provide 10 Ihe Slate Omee of Emergenc)' Services for all nHlllelS pertaining
hi ~Udl stat.: di:;astcr assj~lnncc the assurances and agreements required.
P""cd and approvcd this
23
day of February
, 19...2l.....
(Name and Tille)
(Name and Title)
(Name and Tille)
CERTIFICATION
I,
(Tille)
. do hereby certify that the above is a true and correct COP) of "
, duly appointed and
of
resolulion passed and approved by the
. of Ihe
l)Jl thl.'
day of
.19.
I)ale:
(Olliei,,1 POSillllll)
(Sign"lure)
OF:' fMtll 130 (Rf'v 12/91) DA:'l Form
.2$-3
/'
/
PROCLAMATION
CITY OF CHULA VISTA, CALIFORNIA
PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, section 2.14.080 of the City of Chula Vista Municipal
Code empowers the City Council to proclaim the eKistence or
threatened eKistence of a local emergency when said City is
affected or likely to be affected by a public calamity; and
WHEREAS, said City Council has been requested by the City
Manager, serving as the Director of Emergency Services of said
City, to proclaim the eKistence of a local emergency therein, and
NOW, THEREFORE, the City Council does hereby proclaim that
conditions cf peril to the safety of persons and property existed
in the City by virtue of heavy rains, mud slides and severe urban
flood:ng d~ring the period of January 6 through 18, 1993; and
FURTHERMORE, the City Council does hereby declare that a state
of emergency eKisted thro~ghout the City between January 7 and 18,
1993.
NOW, THEREFORE, :t :s hereby declared and ordered that a copy
of t:.:~. Ded ..ration be forwarded to the State Director of the
Off:ce of Emergency Services with a request ~hat the Director find
it acceptable in accordance ~ith provisions of the Natural
Assistance Act.
Dated this 19th day of January, '
Y'
./"
>>~tf
".---""---
.~1-~
COUNCIL AGENDA STATEMENT ~C~".
~O't Item /9
Meeting Date 2/23/93
ITEM TITLE:
PUBLIC HEARING Consideration of Coastal Development Permit
Number 64 to Develop a Golf Driving Range, Batting and Pitching Cages,
and Accessory Uses on Fifth Avenue North of "C" Street.
RESOLUTION Adopting Mitigated Negative Declaration
IS-91-50(B) and Addendum Thereto and Mitigation Monitoring and
Reporting Program; and Issuing Coastal Development Permit No. 64 to
Develop a Golf Driving Range, Batting and Pitching Cages, and
Accessory Uses on Fifth Avenue North of "C" Street.
SUBMITTED BY: Community Development Director [~S .
REVIEWED BY:
City Manage~
(4/Sths Vote: Yes
No..xJ
BACKGROUND:
The project involves construction of an athletic and sport recreational center on approximately
nine acres located on Fifth Avenue north of "C" Street within the Inland Parcel of the Local
Coastal Program. The proposed land use currently is not allowed within the Industrial: General
land use designation of the certified Chula Vista Local Coastal Program (LCP). Since the
project site is Industrial: General, a LCP amendment is necessary and is currently being
processed through the City and Coastal Commission.
An Initial Study of environmental impacts was conducted and a Mitigated Negative Declaration
was issued along with an Addendum and Mitigation Monitoring and Reporting Program. A
conditional use/special land use permit will be required as well as a coastal development permit.
An LCP amendment will need to be approved by the Coastal Commission prior to local
consideration of the Coastal Development Permit. It is anticipated that the LCP amendment will
be presented to the Coastal Commission at their April or May meeting. Therefore, the Council
hearing will need to be continued until the Commission considers the amendment.
RECOMMENDATION: Tho> th~ r>" -
re-notice the public he
[PBlDi,k: BAYFRONTILCPAlcdp
[C:I WP51ICOUNCILIl13SICDP6'.
~tD
-,/,/;3
ntinue the public hearing and direct staff to
te has been determined.
19.,/
COUNCIL AGENDA STATEMENT ~C~1-~
~O't Item /9
Meeting Date 2/23/93
ITEM TITLE:
PUBLIC HEARING Consideration of Coastal Development Permit
Number 64 to Develop a Golf Driving Range, Batting and Pitching Cages,
and Accessory Uses on Fifth Avenue North of "C" Street.
RESOLUTION Adopting Mitigated Negative Declaration
IS-91-50(B) and Addendum Thereto and Mitigation Monitoring and
Reporting Program; and Issuing Coastal Development Permit No. 64 to
Develop a Golf Driving Range, Batting and Pitching Cages, and
Accessory Uses on Fifth Avenue North of "C" Street.
SUBMITTED BY: Community Development Director C~ S .
REVIEWED BY:
City Manage~
(4/5ths Vote: Yes
No X)
BACKGROUND:
The project involves construction of an athletic and sport recreational center on approximately
nine acres located on Fifth Avenue north of "C" Street within the Inland Parcel of the Local
Coastal Program. The proposed land use currently is not allowed within the Industrial: General
land use designation of the certified Chula Vista Local Coastal Program (LCP). Since the
project site is Industrial: General, a LCP amendment is necessary and is currently being
processed through the City and Coastal Commission.
An Initial Study of environmental impacts was conducted and a Mitigated Negative Declaration
was issued along with an Addendum and Mitigation Monitoring and Reporting Program. A
conditional use/ special land use permit will be required as well as a coastal development permit.
An LCP amendment will need to be approved by the Coastal Commission prior to local
consideration of the Coastal Development Permit. It is anticipated that the LCP amendment will
be presented to the Coastal Commission at their April or May meeting. Therefore, the Council
hearing will need to be continued until the Commission considers the amendment.
RECOMMENDATION: That the City Council continue the public hearing and direct staff to
re-notice the public hearing when a new hearing date has been determined.
[PBIDisk: BAYFRONTILCPAlcdp64]
[C:IWP51ICOUNClLI1 13SICDP64.1 13]
19.../
eXHIBIT ~
CHAPTER 3
PUBLIC FACILITIES ELEMENT
CONTENTS
Section
Page
I. INTRODUCTION ................................... 3-\
2. GOALS AND OBJECTIVES. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-\
3. INVENTORY OF EXISTING PUBLIC FACILITIES .......... 3-6
3.1 WATER FACILITIES INVENTORY ...............3-6
3.2 WASTEWATER FACILITIES INVENTORY ......... 3-8
3.3 DRAINAGE AND FLOOD CONTROL FACILITIES
INVENTORY ............................ 3-10
3.4 SOLID WASTE COLLECTION AND DISPOSAL
FACILITIES INVENTORY .................. 3-\2
3.5 HAZARDOUS WASTE TREATMENT, STORAGE
AND DISPOSAL FACILITIES INVENTORY. . . . . 3-16
3.6 SECONDARY SCHOOLS INVENTORY ........... 3-16
3.7 ELEMENTARY SCHOOLS INVENTORY .......... 3-18
3.8 LIBRARY INVENTORY ....................... 3-18
4. PUBLIC FACILITIES PLAN ..........................3-19
4.\ WATER DISTRIBUTION NETWORK ............ 3-\9
4.2 WASTEWATER COLLECTION AND DISPOSAL
SYSTEM ............................... 3-22
4.3 DRAINAGE AND FLOOD CONTROL SYSTEM . . . . . 3-26
4.4 SOLID WASTE COLLECTION AND DISPOSAL
SYSTEM ............................... 3-30
4.5 HAZARDOUS WASTE TREATMENT, STORAGE
AND DISPOSAL SYSTEM .................. 3-3\
4.6 SECONDARY SCHOOL SYSTEM . . . . . . . . . . . . . . . . 3-34
4.7 ELEMENTARY SCHOOL SYSTEM .............. 3-34
4.8 LIBRARY SYSTEM ..........................3-34
5. POLICIES AND GUIDELINES ......................... 3-35
5.1 WATER SUPPLY POLICIES ................... 3-35
5.2 WASTEWATER SERVICE POLICIES ............ 3-36
5.3 DRAINAGE AND FLOOD CONTROL POLICIES .... 3-37
5.4 SOLID WASTE CONTROL POLICIES ............ 3-38
5.5 HAZARDOUS WASTE CONTROL POLICIES ...... 3-38
5.6 SCHOOL DEVELOPMENT POLICIES ............ 3-61
5.7 LIBRARY DEVELOPMENT POLICIES ........... 3-62
6. REFERENCES ..................................... 3-63
1. INTRODUCTION
The public facilities element of the Chula Vista General Plan focuses on the
facilities and services that are controlled by the City through direct
administration or contractual agreement, and facilities provided as obligatory
services by other public agencies. In the case of hazardous waste treatment,
storage and disposal, non-obligatory facilities provided by the private sector
and not necessarily under the City's control through direct administration or
contractual agreement, are also addressed. Excluded are public facilities that
fall directly within the scope of other elements of the plan such as Parks and
Recreation, Circulation and others.
2. GOALS AND OBJECTIVES
The general objective and goal of the City of Chula Vista, as it relates to the
infrastructure requirements of the general plan, is to promote an adequate and
efficient range of public facilities and services. This will be accomplished by
identifying key issues that should be addressed by the Public Facilities Element
and establishing the goals and objectives in response to each issue.
Issues are statements of either opportunities or problems the City will
encounter in providing adequate infrastructure requirements. Goals and
objectives are statements of value regarding what should or should not take
place during the course of the City's development. The issues, goals and
objectives which are applicable to the water, wastewater, drainage and flood
control and solid and hazardous waste facility requirements are discussed in
this section.
GOAL 1. WATER FACILITY PLANNING
As in many other areas of Southern California, Chula Vista has experienced
significant growth over the past two decades. This growth has placed an
increased demand on the water distribution and supply facilities for the area.
Chula Vista is highly dependent on imported water supplies from the Colorado
River Basin and State Project Water from Northern California. In recent years,
below average rainfall throughout California coupled with a court decision
reducing California's share of Colorado River Water, has increased the
importance of proper water management and conservation. It is the goal of
ChuIa Vista take actions, appropriate to its population and resources, to control
the growth in demand for water and promote water conservation.
Objective 1. Promote water conservation through increased efficiency in
essential uses and use of low water demand landscaping.
Objective 2. Encourage, where safe and feasible, wastewater reclamation
and use of reclaimed water for irrigation and other uses.
Objective 3. Encourage suppliers to adopt a graduated rate structure
designed to encourage water conservation.
Objective 4.
Actively participate in the agency planning for providing
3-1
adequate emergency storage and supply facilities for Chula Vista and
neighboring communities.
GOAL 2. WASTEWATER FACILITY PLANNING
Chula Vista relies on the City of San Diego Metropolitan (Metro) Sewage
System for treating and disposing of the wastewater generated within the
general plan area. The City of San Diego has been mandated by the
Environmental Protection Agency to upgrade the Metro system to secondary
treatment levels. This mandate, coupled with the increased demand on Metro,
will result in significant expansion to the existing system of which Chula Vista
is part. It is the goal of the City to participate in the regional decision-making
process regarding this expansion and to control the growth in demand for
wastewater treatment within the general plan area.
Objective 5. Continually monitor wastewater flows and anticipate future
wastewater increases that may result from changes in the adopted land use.
Ohjective 6.
appropriate.
Promote low wastewater generating development where
Objective 7. Actively participate in the Metro expansion planning process,
and where appropriate, evaluate reasonable alternatives to eliminating Chula
Vista's dependence on Metro.
Objective 8. Assure that new development meets or exceeds a standard of
high quality in wastewater facility planning and design and that existing
downstream facilities are not adversely impacted by the addition of new
development upstream.
Objective 9. Resist the addition of permanent new pump stations where
gravity flow is at all possible.
GOAL 3. DRAINAGE AND FLOOD CONTROL FACILITY
PLANNING
As growth occurs in the future, the proportional amount of rainfall runoff from
each drainage area will'increase. As a result, existing drainage and flood
control facilities downstream will begin to experience higher flow rates than
they have been experiencing or were designed for. It is the goal of the City
to properly regulate design of future facilities such that the effectiveness of the
existing drainage facilities are not degraded. -
Objective 10. Required development of on-site detention of storm water
flows such that where practical, eXisting downstream structures will not be
overloaded.
Objective 11. Assure that new development incorporates a high degree of
sediment control as part of their project.
Objective 12. Preserve the existing drainage structures in Central Chula
Vista where possible to minimize the disruption to the public and the
3-2
requirement for additional space for larger facilities.
GOAL 4. SOLID WASTE CONTROL PLANNING
The production of solid wastes in San Diego County, including Chula Vista,
has steadily increased on a per capita basis at about 10 percent per year since
1982. If this trend continues as more development occurs, and based on the
availability of suitable disposal sites, Chula Vista could experience a solid
waste disposal problem. This could mean at minimum a significant cost
increase for transporting materials great distances to available disposal sites
and the possibility of increasing the number of waste transfer sites within the
City. While control and siting of disposal sites falls under the jurisdiction of
agencies otber than Chula Vista, including the County of San Diego and State
of California, the City has the ability to control waste production within its
general plan area. It is the goal of Chula Vista to take action appropriate to
its population and resources, to promote reductions in solid waste production
and plan for adequate disposal.
Objective 13. Promote recycling of any material which has a reusable
nature. Provide public facilities to handle recycling of materials such as paper,
glass and others.
Objective 14. Support waste reduction legislation.
Objective 15. Support the County Public Information and Education
Program regarding solid waste reduction and recycling.
Objective 16. Participate in regional planning and evaluation of solid waste
disposal sites and alternative methods of solid waste disposal.
GOAL 5. HAZARDOUS WASTE MANAGEMENT PLANNING
Coupled with population growth in San Diego County is a growth in the need
for consumer goods and services, and the industries that produce them, in
order to maintain economic stability. However, many of those goods and
services contain chemicals or use chemicals in their manufacture and/or
packaging. While our quality-of-life and economic stability may be largely
dependent upon these products and services, we are also threatened by the
mismanagement of their chemical remains or the hazardous waste generated.
Past practice has seen much of the COYlll,,... hazardous waste generated ~~
$M\Pijigjj'G'P900l disposed of in off-site hazardous waste landfills wlihcillt
pre:treatlnellCAwareness of the inherent public and environmental dangers of
such practices has been heightened by recent federal and state legislation
regarding the management and disposal of hazardous wastes. The focus of this
legislation has been toward increasing public and environmental safety by
reducing the hazard inherent in disposal through adequate waste treatment, and
toward reducing the volume of hazardous waste produced requiring treatment
and disposal. Assembly Bill 2948, State Government Code Sections 25135 et.
seq. and 25199 et. seq. (Tanner, 1986), referred to as the Tanner Act,
represents a significant move toward the management of hazardous waste in
3-3
a comprehensive and systematic approach, and requires every County to
formulate and adopt a Hazardous Waste Management Plan.
The San Diego County Hazardous Waste Management Plan (COHWMP) was
prepared in cooperation with local jurisdictions and the San Diego Association
of Governments (SANDAG), and approved by the State Department of Health
Services (DHS) in October 1991. Its principal goal is to "establish a system
for managing hazardous materials, including wastes, to protect public health,
safety and welfare, and maintain the economic viability of San Diego
County." The COHWMP serves as the primary planning document providing
overall policy direction toward the effective management of hazardous waste
within San Diego County, including that within the City's General Planning
Area, through establishment of goals, policies, and implementation measures
predicated upon the following management hierarchy:
1. Encourage and support hazardous waste reduction and minimization
at its source through methods such as alteration of manufacturing
processes and/or material substitutions,
2. Encourage recycling and on-site treatment,
3. Provide for adequate off-site multi-user facilities to physically or
chemically eliminate or diminish hazardous properties, or reduce
residual volumes requiring disposal, in a manner which protects public
health, safety, and welfare, and
4. Provide for adequate disposal facilities for treatment residuals.
The COHWMP functions as a guide for local decisions regarding hazardous
waste issues, and in addition to waste reduction strategies, it sets forth siting,
permitting and processing requirements for local review of applications for
off-site hazardous waste treatment facilities. As such, each City within the
County is required to adopt necessary provisions to implement the COHWMP.
Therefore, the following related sections of the Public Facilities Element ofthe
Chula Vista General Plan incorporate the COHWMP by reference as if set
forth herein, and as provided by law, prescribe those more specific, or
stringent, planning requirements and siting criteria reflective oflocal conditions
which shall prevail over the more general provisions of the COHWMP in favor
of ensuring the utmost protection of public health, safety and welfare, and
environmental resources within the City of Chula Vista.
Objective 17: Develop effective screening processes for new and existing
local businesses using hazardous materials and generating hazardous waste to
encourage waste minimization.
Objective 18: Promote recycling and alternative technologies for industrial,
small business, and household hazardous wastes in cooperation with the
County and other agencies.
Objective 19: Establish effective hazardous waste management planning
within the City through involvement of the public, environmental groups, civic
3-4
associations, waste generators, and the waste management industry in decisions
on local waste issues and facility proposals.
Objective 20: Ensure the protection of the health, safety, and welfare of
Chula Vista residents and the integrity of the City's environmental resources,
through establishment of effective processing procedures, and siting and
permitting criteria for hazardous waste. facilities;~~!!l!~!l!~~~W~$\'m
II. !ffi!\\!m&riiPP....~!~_~.]\#~!l. fp~...................\lij....fn.....~. :.i!!~.)
..........................................................................................................
GOAL 6. SCHOOLS
As growth occurs in the City, patticularly new residential development,
increased demands for school services and facilities will be placed on the
school districts servicing the Chula Vista Community. While the control and
siting of school sites falls under the jurisdiction of the local school districts,
Sweetwater Union High School District and Chula Vita City Schools, it is the
goal of the City to facilitate the districts' provision of school services.
Objective 21. Coordinate the review of development proposals with the
local school districts to ensure that adequate school facilities are available to
meet the needs required by the development.
Objective 22. Coordinate with local school districts during the review of
land use issues which required discretionary approval such as tentative
subdivision maps, planned unit developments, zoning ordinance and general
plan revisions and amendments.
Objective 23. Provide the school districts with the development thresholds
as proposed by the growth management committee for the agencies' review
and comment.
Objective 24. To site new school land use designations in a central location
within residential neighborhoods.
GOAL 7. LIBRARY
As growth occurs in the City, patticularly residential development, increased
demand for library service will occur. It is the goal of the City to provide for
the expansion of the library system into the newly developing areas and areas
not adequately served by existing library facilities.
Objective 25.
that adequate
development.
Coordinate the review of development proposals to ensure
library facilities are available to meet the needs of new
Objective 26. Continue the process of planning and site selection to ensure
that new facilities are built in existing area that are not currently served by an
adequate library.
Objective 27. To site new library facilities in a central location to
conveniently serve the surrounding community.
3-5
3. INVENTORY OF EXISTING PUBLIC FACILITIES
The public utilities and service system is one of the most important
considerations in urban development. Urban development and growth is
dependent upon the availability of public utilities and services. Conversely,
expansion of these is dependent upon thorough planning which in turn is an
extension of appropriate and well-reasoned land use analysis and proposal.
The facilities and networks which make up the public works "infrastructure"
are generally considered as the foundations upon which activity areas are
facilitated and maintained. In the case of Chula Vista, the infrastructure may
be one of the primary criteria for determining future growth of activity areas.
The infrastructure addressed in this element consists of the following facilities:
Water
Wastewater
Drainage and Flood Control
Solid """ ll......".... Waste Control
H.4l!ll~....W~t!!li!M!ffi!
Generally, the City of Chula Vista is being adequately served by its public
works infrastructure. Certain facilities, however, are in need of improvement
and upgrading. The following sections discussed in greater detail each of the
infrastructure systems and the agencies controlling them.
3.1 WATER FACILITIES INVENTORY
The City of Chula Vista's general plan area is provided water service primarily
by two major water agencies. These will be discussed below and are shown
on Figure 3-1.
Sweetwater Authority
Central Chula Vista is served by the Sweetwater Authority whose service area
within the City is bounded by Interstate 805 and Sweetwater Reservoir to the
east, San Diego By to the west, the Otay River Valley to the south and SR 54
Bonita Road to the north. Approximately sixty percent of Sweetwater's system
is supplied by gravity from the Sweetwater Filtration Plant. The remainder of
the system is comprised of pumped pressure zones at the higher elevations.
Source supply for the City's portion of the system is largely from surface
water runoff and collection at Sweetwater Reservoir augmented by the San
Diego County Water Authority aqueduct system when necessary.
Transmission and distribution pipelines ranging in size from 6 inches to 42
inches, deliver water to Chula Vista with a normal operating pressure range of
40 to 90 pounds per square inch (psi). Daily and seasonal peak flow
requirements, including fire flows, are offset by operational storage reservoirs
located throughout the City. Total operational storage for Sweetwater is
approximately 38 millions gallons with an average daily demand of about 24
million gallons per day.
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Otay Water District
The easterly portion of the general plan area is served by the Otay Water
District. Otay refers to this area as the Central Area which encompasses three
Improvement Districts including J.D. No.5; J.D. No. 10; and J.D. No. 22.
Improvement Districts are defined as areas which are assessed fees in relation
to the benefit received for constructing water or sewer facilities for that area.
These districts were formed on the following dates:
J.D. No.5, November 28, 1960 by Resolution No. 123
J.D. No. 10, February II, 1963 by Resolution No. 265
J.D. No. 22, July 3, 1972 by Resolution No. 986
This portion of the general plan area is bounded by Interstate 805 to the west,
the Otay River Valley to the south the Lower Otay Reservoir to the east and
the area known as Bonita to the north. Approximately 39 percent of this area
is served by gravity while the remainder requires pumping. The system is
comprised of five pressure zones (service areas), two water booster pump
stations, six reservoirs and two connections to the San Diego County Water
Authority filtered water aqueduct system. The aqueduct system supplied by
Colorado River Water and State Project Water provides the only supply source
to this area. Pipelines range in size from 6 inches to 30 inches and current
total storage volume is approximately 32 million gallons. The average daily
demand for the system is about 4.5 million gallons per day.
3.2 WASTEWATER FACILITIES INVENTORY
As a member of the City of San Diego Metropolitan Sewage System, Chula
Vista currently has contracted for capacity rights equaling 17.1 mgd average
daily flow. Including the 2.0 mgd metro capacity rights that were acquired
when Chula Vista over the operation of the Montgomery Sanitation District
brings the total contract capacity to 19.1 mgd for Chula Vista.
The City of Chula Vista operates and maintains its own sanitary sewer system.
This system consists of approximately 270 miles of sewers ranging in size
from 6 inches to 36 inches, 10 raw sewage pump stations and three
independent metered connections to the City of San Diego Metropolitan Sewer
System (Metro). Figure'3-2 illustrates the major components of the existing
wastewater system.
The northern portion of the City gravity flows into the Spring Valley
Interceptor which is generally located in Sweetwater Road. This line is owned
and operated by the County of San Diego. This line is owned and operated
by the County of San Diego, which leases 11.4 million gallons per day (mgd)
to Chula Vista. Presently, the City contributes 1.4 mgd to this line, which
terminates at a connection to Metro near Sea Vale Street.
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Central Chula Vista transports its wastewater flows to Metro via two major
trunk sewers. The first major line being the "G" Street trunk sewer, which
receives tributary flows from the area bounded by "D" Street south to "H"
Street. This trunk sewer terminates at a metered connection to Metro located
off "G" Street just west of Bay Boulevard. Existing wastewater flows in this
line represent approximately 2.6 mgd. The second trunk sewer serving Central
Chula Vista from "H" Street south to Naples Street is located in "J" Street and
Telegraph Canyon Road. This line begins in the east on Otay Lakes Road
near EastLake Drive and terminates at a metered connection to Metro located
at the end of "J" Street west of Bay Boulevard. This trunk sewer currently
transports 3.9 mgd of Chula Vista wastewater flows to Metro.
The southern portion of Chula Vista is served by the Main Street and Faivre
Street trunk sewers. These lines generally parallel each other beginning on the
easterly side of the Interstate 805, and ending at a single connection to Metro
at the end of Faivre Street. The two lines join in Industrial Boulevard prior
to making the Metro connection. Presently, 4.1 mgd worth of flow is being
metered at this last connection. The total Chula Vista wastewater flow into
Metro is therefore 12.0 mgd at this time.
3.3 DRAINAGE AND FLOOD CONTROL FACILITIES INVENTORY
The City of Chula Vista operates and maintains its own drainage and flood
control facilities. This system, as shown in Figure 3-3, is made up of
improved and unimproved flood control channels, storm drains, bridge
crossings, detention basins and various other facilities. These facilities range
in age from recently constructed to in excess of 30 years old. In general, the
existing structures are in good condition and free of debris and sediment. The
single, largest maintenance problem the City has experienced over the years
has been maintaining the unimproved channels in a clear condition, free of
vegetation and other debris such as shopping carts. Obstructions of this nature
have historically caused stream blockage and remote flooding if left
unattended.
As in all systems of this nature, the eXlstmg drainage and flood control
facilities have their limitations. Development of the system by the City has
been guided, over the years, by the use of numerous studies and reports
including primarily thO' 1964 drainage master plan report prepared by
Lawrence, Fogg, Florer and Smith. The most significant hydraulic problem
with drainage in Chula Vista is the downstream portions of the numerous
natural drainage channels which have been developed over the years. Initially,
runoff was directed into the natural, or possibly improved' channels, or into
storm drain trunk line. As the upstream portions of the drainage areas
developed, the load on the downstream system increased. In some instances
this has resulted in occasional downstream flooding because the existing
systems are not able to convey the runoff adequately. The problems and
constraints of the major drainage courses are described briefly.
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Palm Canyon is located in southeast Chula Vista and drains to the Otay River.
The upstream portion has been lined through lbe developed area and is in good
condition. The downstream section, with outfall to Otay River, is heavily
vegetated and there are significant flow constrictions at several culverts.
Poggi Canyon also is located in soulbeast Chula Vista and drains to Olay
River. The upstream portion has been lined through the developed areas. The
downstream portion and outfall to Otay River are heavily covered by brush.
Sediment deposition in a box culvert at Olay Valley Road if left unattended
will reduce the effective hydraulic capacity of this facility. There is potential
for substantially increased flows in this basin due to the availability of
undeveloped land in lbe upper canyon.
Telegraph Canyon is located in Central Chula Vista and drains to San Diego
Bay. The portion of channel above Hilltop Drive has been lined through the
developed area and is in good condition. Sections of lbe downstream portion
below Hilltop A venue appear undersized as evidenced by recent high waters
through the channel. There is a potential for substantially increased flows in
this channel due to new development in the upper canyon.
Central Area Basin is located in north Central Chula Vista and drains to San
Diego Bay. The channel has a few areas of lining but nothing significant.
This area is not subject to substantial new development so runoff should not
be increased greatly in lbe future. However, lbis channel appears too small to
convey IOO-year storm flows.
Lower Sweetwater is located in norther Chula Vista and drains to San Diego
Bay. This is an area that will be channelized as part of the Corps of Engineers
flood control program. This area has historically experienced flooding 'during
significant rainfall, however, the Corps of Engineers project should alleviate
this problem.
Upper Bonita Long Canyon is located in northeast Chula Vista and drains to
Sweetwater River. The channel has been lined in the upstream areas and
appears adequate for existing development. There is a potential for
substantially increased runoff due to the availability of land in the upper
canyon. The lower cany?n development has encroached into the flood plain,
and increased runoff from developing areas in upper canyon may cause future
problems.
3.4 SOLID WASTE COLLECTION AND DISPOSAL FACILITIES
INVENTORY
Control of solid waste collection and disposal for lbe general plan area fall
under several jurisdictions. Regional planning and management for San Diego
County's solid wastes are administered by the San Diego County Solid Waste
Division of the Department of Public Works. This agency is responsible for
revising and updating lbe "Regional Solid Waste Management Plan" (RSWMP)
which reviews current solid waste collection and disposal practices, predicts
futurewaste generation trends and reviews the possible means for
accommodating future collection and disposal needs. This document is the
major planning tool for lbe County and includes solid waste planning for all
3-13
of the cities within the County.
Collection and disposal of solid wastes are the responsibility of each city for
its residents. The City of Chula Vista and the communities in the sphere of
influence contract private collection agencies to assume collection and disposal
responsibilities for their residents. The following collection agencies services
the sphere of influence at present:
Chula Vista Sanitary Service
American Trash Service
Jamul Services
EDCO Disposal Corporation
Chula Vista Sanitary Service collects municipal refuse from Central Chula
Vista, Bayfront, Montgomery/Otay, Telegraph Canyon/Lakes, Sunnyside and
Bonita within the planning area. This agency as a 17-year contract with the
City of Chula Vista and has the ability to expand their operation to meet the
long range needs of Chula Vista area.
American Trash Service provides collection service for the South Bay area.
Within the General Plan Area, American Trash Service collects municipal
refuse from the Bonita community. This agency also services the communities
of Sweetwater, Dulzura, Jamul, Spring Valley, and Casa de Oro.
Jamul Services collects wastes in the Bonita, Jamul, Casa de Oro, and Dulzura
areas.
EDCO Disposal Corporation also provides collection service for the Bonita
community.
For waste disposal, there are currently nine landfills in San Diego County.
These are shown in Table 3-1. Figure 3-4 depicts the existing solid waste
disposal sites within the general plan area. Wastes collected in the Chula Vista
area (approximately 131,000 tons per year in 1985) are disposed of at the Otay
Landfill. This facility is located north of Otay Valley Road on the south side
ofChula Vista and serves the Cities ofChula Vista, Coronado, Imperial Beach,
National City, and San Diego. Otay Landfill was opened in February of 1966,
and the expected worst-case closure date is 1999. The worst-case scenario,
according to the Regional Solid Waste Management Plan, assumes that no new
facilities are added to the region's existing disposal system, and average annual
waste generation increases by 5% per year. Under this plan, Otay Landfill will
be the last landfill in the region to close.
3-14
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TABLE 3-1
EXISTING LANDFILLS IN SAN DIEGO COUNTY
REMAINING EXPECTED
C':fACITY CLOSURE
LANDFILL LOCATION yd /tons) DATE
Borrego Landfill Northeast Co. .510,000/ 200.5
306,000
Otay Landfill South Chula 2.5 ,8000 ,00/
Vista 1.5,480,000
Ramona Landfill Central Co. 104 , 000/ 1988
62,400
San Marcos LF San Marcos 7,000,000/ 1991
4,200,000
Sycamore Landfill Santee 36 ,400 , 000/ 1997
21,840,000
West Miramor LF North of 29,400 , 000/ 199.5
Clairemont Mesa 17,640,000
Montgomery LF Kearny Mesa area 273,000 (l) 1989
City of San Diego
Las Pulgas LF Camp Pendleton 2,600,000 2010
Ysidora Basin LF Camp Pendleton 12,000,000 2099
Source: "San Diego County Regional Solid Waste Management Plan", 1986.
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Specific data pertaining to the Otay Landfill design are as follows:
Landfill size - 294 acres
Tons received per day (1986) - 1,380 tons/day
Remaining volume - 25,800,000 CY or 15,480,000 tons
In-place density of compacted trash - 1,200 Ibs/CY minimum
Property size - 515.64 acres
Cut slope - 1;1 or 1.5;1
Fill slope - 3;1
Existing disposal operations at each of the County's landfills are reviewed
continually by the County and the City of San Diego to determine if operation
or design changes would allow extended use of the site. Such changes may
include height and slope modifications for active work areas, increased
in-place density of compacted trash and acquisition of additional acreage to
expand existing site capacity. There are at present no plans for expansion of
the Otay Landfill due to public resistance to additional landfilling in the area.
3.5 HAZARDOUS WASTE TREATMENT, STORAGE AND
DISPOSAL FACILITIES INVENTORY
Collection, transporting, treatment, and disposal of hazardous wastes are the
responsibility of the generators of such wastes. Hazardous waste generators
incur both financial and environmental liability due to collection, transporting,
treatment and disposal of hazardous wastes generated. Therefore, hazardous
waste generators must select transporters and treatment/storage/disposal
facilities (TSDF's) with utmost scrutiny. Similar scrutiny applies to IWq!fu\li
State, County and local government whose responsibility it is to regulat';
generators and transporters, and to safely site, license, and monitor TSDF's to
ensure adequate capacity is available to handle the waste stream in a manner
which protects public health and safety, and the environment.
Chapters III and IV of the COHWMP provide general information regarding
waste generation, transportation, treatment, and facility operation, including a
legislative history. Chapter VII provides a comprehensive inventory of
existing TSDF's within San Diego County, including the APTEC II facility
located within the General Planning Area at Otay Landfill. Figure 3-5 depicts
the location of existing TI>DF's within the County. A copy of the COHWMP,
as may be amended or revised from time to time, is on file in the Office of the
City Clerk.
3.6 SECONDARY SCHOOLS INVENTORY
Secondary school facilities within the City of Chula Vista are provided by the
Sweetwater Union High School District. The district operates senior high
schools, junior/middle high schools, adult education schools and a continuing
education school. Ten of these facilities are located in the City.
3-17
,. Appropriate Technologies
Chula Vilta
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San Diego
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San Diego
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Nationll City
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Sen Diego
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Sen Dilgo
FIGURE 3-5
EXISTING OFF-SITE FACILITIES IN SAN DIEGO COUNTY
JUNE 1992
8
EXISTING OFF-SITE
HAZARDOUS WASTE
TREATMENT' STORAGE
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The California Basic Education Data System (CBEDS) enrollment prepared for
the 1988-89 school year showed !hat !he district has an enrollment of 26,845.
The schools in operation for the 1988-89 year have been designed and
constructed to house a total of 22,648 students. To mitigate overcrowded
conditions, the district houses students in temporary classrooms such as trailers
and relocatable structures.
Through the use of previous CBEDS enrollments and demographic analysis,
!he district projects an enrollment in excess of35,377 by the year 1993. Based
on !hese projections, the district will require a minimum of seven new
secondary facilities to meet !he increased demand.
A new senior high school will be located in !he EastLake Planned Community.
It is anticipated that !his school will house 2,400 students. Additionally, a
middle school site is anticipated to be located within !he Rancho Del Rey
Phase III development. That school should house approximately 1,400
students.
3.7 ELEMENTARY SCHOOLS INVENTORY
Elementary school facilities within the City of Chula Vista are provided by the
Chula Vista City School District. The district is currently operating 30
schools. Ten of these facilities are on year-round schedules with !he remainder
on the traditional school calendar.
CBEDS enrollment prepared for the 1988-89 school year showed District
enrollment at 16,179. Existing schools have been designed to house a total of
600 students each. To mitigate overcrowded conditions, !he district currently
utilizes relocatable classrooms.
Through the use of previous CBEDS enrollments and demographic analysis,
an enrollment in excess of 20,800 is projected by the year 1985. Based on
these projections, the district will require a minimum of seven new elementary
facilities to meet the increased demand.
A new elementary school will be located in !he EastLake Planned Community.
It is anticipated that this school will house 650 students and be in operation in
1989. A second new school will be located on !he Windrose Way near the
Terra Nova Center. Additionally, a school site located wi!hin the Sunbow
development is planned.
3.8 LIBRARY INVENTORY
The City of Chula Vista currently operates !he Civic Center Public Library on
"F" Street in Central Chula Vista and two neighborhood branch libraries in !he
Montgomery area. The City has adopted a standard of 0.5 to 0.7 square feet
of library space per capita.
3-19
4. PUBLIC FACILITIES PLAN
The required public facilities necessary to provide adequate service for the
proposed land use is discussed in this section. Recommended improvements
presented herein were the results of numerous studies and reports prepared by
the control agencies and outside consultants. These facilities would require
implementation as development occurs in order to guarantee that the high
quality of public utilities and services continues to be the standard that Chula
Vista enjoys today.
The infrastructure addressed in this element consists of the following facilities:
Water
Wastewater
Drainage and Flood Control
Solid ana WallBn19'tlS Waste Control
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4.1 WATER DISTRIBUTION NETWORK
The recommended future system improvements that will be required in order
to accommodate the planned growth for the general plan area are shown in
Figure 3-6 and are discussed below.
Sweetwater Authority
In 1985, a Water Master Plan Update was prepared which reviewed the
adequacy of the total system, including Chula Vista, at buildout conditions.
This report used the then current Chula Vista General Plan for plotting various
land use categories for the service area. Based on this data, in conjunction
with historic water usage data per land use category, ultimate water demands
were projected and hydraulic analyses were performed. The report concluded
the following:
(I) The supply facilities will require expansion to meet future
requirements. The supply facilities are defined as the water treatment
plant, the raw water pump station to supply the treatment plant, the
aqueduct service connection (filtered water) and the local wells.
Recommendations include treatment plant expansion to 45.4 mgd (30
mgd currently) and a connection of the Water Authority's raw water
aqueduct system to Sweetwater Reservoir for off-peak storage.
(2) A comprehensive study needs to be initiated to review the long-term
water supply of the Sweetwater Authority.
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(3) The existing water transmission mains will need bolstering for
buildout condition. Due to the lack of interconnecting pipelines
between National City and Chula Vista, Chula Vista is dependent on
a single 36-inch pipeline under the 1-805 freeway for supply. Should
line fail, stored water in Chula Vista would soon be expended and
supply curtailed. The Authority is in the process of implementing a
series of interconnections which will help to alleviate this problem.
(4) Approximately 63 percent of the required ultimate storage volume is
presently in place. An additional 18 millions gallons of storage will
need constructing prior to buildout.
(5) Numerous pump station expansions will be required in order to meet
future system requirements.
(6) Within the City of Chula Vista, the existing water distribution system
will require only a nominal amount of improvements in order to
accommodate buildout.
(7) Sweetwater's main water supply, the Sweetwater Reservoir, will
require improvements in order to protect the water quality from the
degradation effects of urban runoff. The Authority is currently in the
first phase of implementing a runoff protection system for the
reservoir.
(8) The ongoing cast iron water main replacement program should be
continued and the old steel water mains, which are approaching their
expected life span, should be added to the program.
It was concluded by the Water Master Plan Update that future master plan
updates should be conducted at five-year intervals or whenever land use
designations are modified.
Otay Water District
In 1987, Otay Water District prepared the Central Area Water Master Plan
Update which evaluated the system requirements at buildout conditions.
Limited land use data Was available for the majority of the service area.
However, conservative land use assumptions were used in conjunction with
specific plan development proposals for definitive projects such as EI Rancho
del Rey and EastLake as the basis for future water demand projections. The
land use data used in that report differs from the general 'plan designations
particularly in the easterly and southerly areas of the service area. The system
evaluation prepared by an outside consultant, subsequent to the Otay report,
used the general plan land use information and resulted in conclusions and
recommendations very similar to the Otay report. The following presents the
required future system improvements based on the previous analyses:
(I) The projected ultimate average daily water demand for the general
plan service area within the Otay Water District is 45.5 mgd.
3-22
(2) The water supply connections to the SDCW A aqueduct system should
be adequate for ultimate conditions although they will require further
analysis at a later date as water demands on the aqueduct system
increase.
(3) Numerous water transmission and distribution pipelines will be
required in the future to provide adequate service.
These generally fall into two categories including: a) paralleling
existing lines, and b) installing new lines into areas that previously
had none.
(4) Approximately 70 percent of the required operational storage is
presently in place. An additional 14 million gallons of storage will
require construction prior to buildout.
(5) The service area is seriously deficient of emergency storage in the
event of an aqueduct failure. Approximately 163 million gallons of
storage will require construction in the future to accommodate
anticipated growth. The District is currently pursuing the first phase
of this objective.
(6) The two existing pump stations will require expansion in the future.
In addition, a new pump station will need to be built in the highest
pressure zone to service the upper elevations.
(7) The area within the atay Ranch, east of Medical Center Drive, north
of the atay River, west of Lower atay Reservoir and south of
Telegraph Canyon Road should be served by separate facilities as
determined at the time development plans are proposed.
(8) A comprehensive study needs to be undertaken to review the long
term water supply and storage alternatives for the general plan area
and the San Diego County as a whole.
4.2 W ASTEW A TER COLLECTION AND DISPOSAL SYSTEM
In 1987, the City retained an outside consultant to evaluate the adequacy of the
existing wastewater system for the year 2005 and buildout conditions. The
proposed land use information and population densities contained in the
general plan were used to estimate future wastewater flows for the city. Based
on these flows, each of the major wastewater facilities were examined for
deficiencies. In general, the study concluded that a major modification to the
existing system was not required at this time. However, the results did
indicate that certain additions and improvements to the system would b
necessary to accommodate the projected future sewage flows. The
recommended major facility improvements are shown on Figure 3-7 and are
reviewed below.
Based on that study, the average daily wastewater flow at buildout conditions
is estimated to be 29.6 mgd. For the year 2005, the projected average daily
wastewater flow is approximately 25.0 mgd. The following presents the
3-23
conclusions and recommendations of the facility analyses based on these flow
rates:
(I) Numerous interceptor and trunk sewer improvements will be required
in the future to provide adequate service. The improvements
generally fall into two categories including: a) paralleling or replacing
existing sewers, or b) installing new lines into areas that previously
had none.
The Central Chula Vista and Bayfront planning areas will require the
least amount of new lines. The exception in this area would be the
southerly portion of the main Street and Faivre Trunk Sewers which
will require almost complete paralleling to accommodate future flows.
This is largely the result of having to provide transmission capacity
for flows generated in the Eastern Territories planning areas of Salt
Creek, Wolf Canyon and Poggi Canyon.
The Sweetwater planning area will require new sewers in the areas of
Proctor Valley and Wild Mans Canyon. The existing sewers east of
Interstate 805 generally appear to have adequate capacity for future
growth.
The Eastern Territories planning area will require the highest amount
of improvements largely resulting from the predominantly
undeveloped nature of the area. The majority of the recommended
sewers in this are would be categorized as new lines for service areas
that previously had none. Drainage basins to be improved include
Telegraph Canyon, Poggi Canyon, Wolf Canyon, Salt Creek and the
Otay Valley Area. :
(2) Several pump stations will require expansion prior to ultimate flow
conditions. In addition, it is likely that new temporary pump stations
will be constructed by developers in Eastern Territories planning area
as an interim measure for providing wastewater service to areas that
currently have no sewer system available. These temporary pump
stations should be avoided when reasonably feasible and should be
taken out of service as quickly as gravity service becomes available
to the general area.
(3) Ground water or storm water infiltration to the sewer system was not
seen as being a significant problem during the study period.
However, the winter of 1987 was below average in rainfall (11.6
inches as compared to the eleven year average of 16.0 inches) and as
such the results were considered non-conclusive. Infiltration should
be further analyzed in subsequent studies during periods of normal or
above normal rainfall conditions to properly evaluate this potential.
The low lying areas of the Sweetwater River Valley and Otay River
Valley should particularly receive close scrutiny.
(4) The City of Chula Vista has adequate capacity rights in the City of
San Diego Metro Sewer System to accommodate future growth. With
a present total flow to Metro of about 12.0 mgd and contract capacity
3-24
of 19.1 mgd, 7.1 mgd is currently available for future development.
However, Chula Vista will require additional treatment capacity in
order to accommodate the ultimate buildout flow rate of 29.6 mgd.
The City of San Diego's Metro Sewer System is currently undergoing
major changes. The Environmental Protection Agency (EPA) has
mandated that San Diego convert their existing advanced primary
treatment facility at Point Lorna to secondary treatment. The net
effect of this conversion is a significant reduction in that plant's
treatment capacity. With that reduction and without other system
changes, it is likely that San Diego would not be handle their contract
flow rates from the member agencies including Chula Vista.
With this in mind, San Diego is in the planning process of upgrading
the overall Metro System which includes interceptors, pump stations
and new treatment plants. Chula Vista is an active member of this
planning process to guarantee that their best interests are being
addressed.
Chula Vista has several options available to them for obtaining the
necessary future treatment capacity. They can continue to contract
with San Diego for capacity in metro, as they have in the recent past,
including increasing the contract capacity to accommodate the
anticipated future flows. The required Metro upgrades will come out
of the planning process are likely to be quite expensive. These costs
will be passed on, in part, to the member agencies which will increase
the cost of treatment to Chula Vista. Although no definitive numbers
are available at this time, it is thought that the cost San Diego would
have to charge member agencies for treatment could be between three
to four times as great as it is now.
Another option available to Chula Vista for obtaining the required
treatment capacity would be to construct their own treatment facility.
Although this alternative would have many obstacles in its way prior
to being implemented such as environmental considerations, land
availability, and general acceptance by the Chula Vista citizenry, it
may prove to be the most cost effective method of wastewater
treatment and disposal available to Chula Vista.
Still another available alternative would be a blend of both above
alternatives where Chula Vista would treat a portion of their
wastewater and divert the other part to Metro. Due to the uncertainty
with respect to the outcome of the Metro planning process, no
reasonable decision can be made at this time for directing Chula
Vista's future preferred method of treatment and disposal. This will
be evaluated in greater detail in an upcoming study presently
authorized by the City.
3-25
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(5) Reclamation should be reviewed in significant detail during the
upcoming study already authorized by the City. Although reclamation
did not appear to be cost effective during the most recent study, this
conclusion could be significantly affected by the outcome of the
ongoing Metro planning process.
If Chula Vista were to construct their own treatment plant or the City
of San Diego's new plant were to be located in closer proximity to
Chula Vista, the cost to provide reclamation facilities would be
reduced. Presently there appears to be about 0.35 mgd worth of
demand for reclaimed water within Chula Vista including greenbelt
areas, freeway landscaping and others. At ultimate this demand could
be in excess of 1.0 mgd for for similar areas in newly developed
portions of the general plan area.
Conversely, if the use of reclaimed water was mandated by the City
for developments that could use it in an effort to lower the drinking
water demand, reclamation would not have to be completely cost
effective to be implemented. With the scarcity of water in Southern
California, many agencies are approaching reclamation from this
standpoint. Chula Vista is currently reviewing their reclamation
opportunities and long range planning.
4.3 DRAINAGE AND FLOOD CONTROL SYSTEM
In 1987, the City retained an outside consultant to evaluate the adequacy of the
existing drainage and flood control facilities at the General Plan buildout
conditions. The proposed land use information contained in the General Plan
was used to estimate future runoff volumes based on the 100-year flood
conditions. Based on these estimates, each of the major basin and sub-basin
drainage and flood control facilities were examined for deficiencies. The level
of effort expended in these analyses was not intended to produce a
comprehensive master plan, but to provide the initial studies leading into a
detailed master plan which Chula Vista has subsequently authorized. The
results of the initial study were sufficiently detailed to provide specific
proposed improvements as to the required hydraulic capacities, facility sizing
and location and overall system configuration.
In general, the study concluded that a major modification to the eXlstmg
system configuration was not required. However, the results did indicate that
certain additions and improvements to the system would be necessary to
accommodate the 100-year flood conditions (shown in Figure 3-7). The
proposed improvements fall into two general categories including: I) drainage
and flood control facility design criteria for use in guiding developer
improvements, and 2) specific basin improvements. The proposed design
criteria and overall system philosophy included the following:
(I) Hydrology. The City should use a 100-year return frequency storm
as a basis of design. This is because the 100-year event is the
accepted standard for most municipalities for new development, the
Federal Emergency Management Agency, the California Coastal
Commission, the County of San Diego and most other State and
3-27
Federal agencies.
(2) Sediment Control and Grading. The City of Chula Vista has no
standard for sediment control. Consideration should be given to
instituting requirements for sediment control, especially since Chula
Vista is experiencing a significant amount of new development.
Much of this development is taking place in the upper canyon areas.
These areas have a high potential for large volumes of sediment. If
there is no control over the sediment, it is likely that problems will
result in the lower canyon areas as the sediment falls out and reduced
cross-sectional areas of culverts and channels.
(3) Detention Basins. Chula Vista is somewhat constrained by the
existing storm drainage facilities in the lower canyons and in the
metropolitan area. Some of these facilities were adequate for the
initial development phase, but as the upstream areas of the drainage
basins have developed there has been an increased load on the
facilities. Because of the cost and difficulty in increasing the capacity
of the existing drainage facilities, use of detention basins as an
alternative means for flood control should be considered. This should
be determined on a case by case basis. These detention basins can be
constructed within the newly developing areas and serve to detain the
runoff peaks long enough to reduce the load on the downstream
channels and storm drains.
(4) Hydraulics. The existing City criteria establishes minimum criteria
for both open channels and closed conduits. This criteria is consistent
with similar requirements throughout San Diego County and so no
changes are proposed.
The following presents the proposed general drainage and flood control
improvements for the thirteen basins within the Chula Vista General Plan
Area:
(5) Central Area and Judson Basins. For basins with peak storm flows
approximately equal to those in the Fogg Report, no new
recommendations are made. Recommendations included in the Fogg
Report are considered still valid, especially for the Central area and
Judson basins. This includes channel lining, culvert installation and
other general improvements.
(6) Telegraph and Poggi Canyon Basins. These two basins will
experience the highest level of new development based on general
plan. Both canyons have severely limited downstream capacities and
will require significant improvements. For the most part, the
downstream capacities of the canyons are limited by the culverts and
to a lesser, but still significant extent, channel conditions. The
options considered in the improvement of the channel conditions were
cleaning and maintaining the natural channels, lining the channels
with rock riprap or lining the channels with concrete. The proposed
channel improvements for this basin were a combination of all three.
3-28
The options used for increasing culvert capacity included larger box
culverts and bridge structures. The bridge structure resulted in a more
cost effective solution for increasing the capacity at crossing
structures.
(7) Salt Creek Basin. Salt Creek Basin and Use development is
proposed to occur around the perimeter of the basin, with a large open
area in the center. This open space would incorporate the existing
drainage path of the Salt Creek Basin. The proposed improvements
for this basin include requiring the developers to detain excess flows
so that the peak runoff and velocities do not exceed existing
conditions. This would allow the existing, natural channel to remain
unchanged. Miscellaneous culverts and channel outlets would be
required.
(8) All Remaining Basins. For remaining basins including Palm Road
Basin, Sunnyside Basin, Wolf Canyon Basin, Rice Canyon Basin,
Glenn Abbey Basin, Otay Lakes Road Basin, Long Canyon Basin and
Harborside Basin, proposed improvements included detention basins,
culverts, bridge structures, grade control structures and lined channels.
The City should prepare a comprehensive master plan to assist Chula Vista in
guiding the orderly and cost effective development of overall system up to the
year 2005 and beyond. Chula Vista is currently proceeding with this
recommendation.
3-29
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4.4 SOLID WASTE COLLECTION AND DISPOSAL SYSTEM
In 1987, Chula Vista retained an outside consultant to evaluate the solid waste
control requirements for the general plan area. Future waste projections for the
planning area were developed based on the general plan land use information
and appropriate waste generation factors. The results indicated that Chula
Vista's needs are being well planned for although there exists a few long range
shortcomings. The conclusions and recommendations of that study are
presented below.
Solid waste collection by the private agencies is currently being handled
satisfactorily. Each company has the ability and inclination to expand their
operations to meet the solid waste needs of the general plan area at 2005 or at
buildout. It is estimated that in excess of 400,000 tons per year of solid waste
could be generated within the planning area by the year 2005. Expansion of
these operations will impact the roads and highways within the planning area
which is discussed in the Circulation Element of the general plan.
Solid waste disposal by the County of San Diego for the general plan area
presents no immediate problem. However, long range solid waste control
planning for Chula Vista and the overall County is less defined. The Regional
Solid Waste Management Plan (RSWMP) was recently revised (1986) and the
revised version evaluates seven waste generation/disposal scenarios. The
worst-case scenario ("Do Nothing" alternative) indicated that there will be no
landfills remaining in San Diego County after the year 1988 if no new landfills
were added to the region. The most optimistic ("Best Case") scenario indicates
closure of all landfills by the year 2011. This scenario assumes extensive
volume reduction and recycling projects. It is clear from the scenarios
evaluated in the RSWMP that new landfills must be sited in conjunction with
developing and using various waste reduction methods toprevent a serious
crisis in solid waste management in the next decade. The Department of
Public Works is presently engaged in numerous studies to locate landfill sites
in the County. The selection process requires much analysis and public input
and more will be known within the next five years.
In addition to siting new landfill facilities, waste reduction and recovery
projects are underway 'by San Diego County. The County Board of
Supervisors, as the agency responsible for regional solid waste management,
has adopted a policy to reduce waste quantities to the landfills and promote
alternative disposal methods. The policy establishes that landfilling is the
preferred disposal method only for wastes that cannot be recycled or processed
and for the residual from processing. This policy promotes the use of
alternatives such as resource recovery to produce energy or animal food
sources and seeks funding for such projects. The policy also encourages
lifestyle changes to reduce per capita waste generation and increase recycling,
and it encourages the use of additional volume reduction methods such as
shredding. The city is currently applying for a grant to fund a recycling
feasibility study.
In summary, it was concluded that the solid waste master planning and long
3-31
range goals, as administered by San Diego County and updated regularly in the
Regional Solid Waste Management Plan, are considered adequate in addressing
the future disposal needs of the County (including the Chula Vista sphere of
influence). Plans for site enhancement projects at existing landfills, waste
volume reduction and waste-to-energy projects, as well as the current studies
to locate new landfill sites in the County will benefit the planning area in the
future by providing additional landfill capacity. If these plans are
implemented, capacity at the Otay Landfill should be adequate for meeting
future solid waste demands, and no alternative disposal methods should be
required for accommodating the planning area requirements in the next twenty
years. Figure 3-9 depicts the current and proposed solid waste disposal site
within the general plan area.
4.5 HAZARDOUS WASTE TREATMENT, STORAGE AND
DISPOSAL SYSTEM
Pursuant to requirements of the Tanner Act, the COHWMP contains an
evaluation of current and projected hazardous waste generation and treatment
needs within San Diego County. Such an evaluation enables a comparison of
needs to existing facility capacities, and a determination of treatment surpluses
and shortfalls upon which facility planning strategies can be developed.
Accurate forecasting and planning is difficult in that the volume of hazardous
waste that will be produced and require off-site treatment and disposal will be
largely affected by regional growth, the identification and clean-up of
hazardous waste contaminated sites, legislative and regulatory changes
regarding the definition and handling of wastes, and the effectiveness of
on-site treatment and waste minimization efforts including reuse, recycling, and
promotion of safe substitutes.
Chapters VII and VIII of the COHWMP present a comprehensive inventory
and evaluation of current and projected hazardous waste generation and facility
needs, by each of the eight generalized treatment methods (GTMs), from the
base year 1986 through the year 2000. The results of that evaluation, indicate
both surplus and shortfalls in fully addressing the region's treatment needs
depe?ding upo?the particular GTM. . ~~!'1!~~$!i!1~!~!fflj~~i'!RlliW~'WjfW5!
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fl~~j:ffl~1J~~Hgg;~~~~~l!l!rji;l?~T#"eatment capacity shortfalls are
indicatectfor the oifRec:yling,St"bijization, Solvent Recovery, Incineration
and Other GTM's. Those shortfalls in the Oil Recycling and Stabilization
GTM's are large enougb to support new facilities within the region, while
those in the Solvent Recovery, Incineration, and Other GTM's in and of
themselves are not. There are _ E possible courses of action for
addressing 1!(!i~~)J#lilt shortfalls, the firsiiieing continuation of the existing
practice of~~ntra~i1ng for needed treatment capacity outside the region, the
second is to site a . facili~~ within the region of an economically viable
size which wouldllddiess these shortfalls, and provide capacity to adjacent
regions experiencing identical circumstances,!Jij~!!!li~!@!i!!1'i~#~!!!l!if
!!i!!!l!!i!llt~~l#~!j@~Wfh~~!B9! Projected capacity surpluses occur in the
Aqueous .. tre"iIl1.enti6rganic:s; .. Aqueous Treatment/Metals, and Oil/Water
Separation GTM's, and are based principally upon already existing capacities
available at facilities within the San Diego Region, although some 3,000 tons
of additional annual capacity for Aqueous Treatment/Metals is anticipated
-through on-site activities proposed by General Dynamics and Rohr Industries.
With th~. excepti?n.. of ~ !!11fl\. on-sit~ operations, \i\!!jl~!iW\1~~~i@~~i!!:
!1'i#~~~AA!mim]~~l\!!!lIi:!M!i]!l#...#~~iW!g!1'i!it#gIQm.4e.<. iWiI~*I~!W~
sllrplus caJl""itieswiiicontinu" toii"utillzediiyg"n"r"tors outside th"region.
There currently exists within the City a multi-user hazardous waste treatment
facility located within the Otay Landfill as depicted on Figure 3-9.
Appropriate Technologies II (APTEC II) receives a variety of hazardous
wastes for treatment, and was approved by the City under a Conditional Use
Permit issued in 1981, with operating levels set fortb in that permit. As
indicated in COHWMP Table VII-4, APTEC II is one of the largest Treatment,
Storage and Disposal Facilities (TSDF's) within the San Diego Region,
providing Aqueous Treatment/Metals, Aqueous Treatment/Organics, Solvent
Recovery, Oil/Water Separation, Stabilization, and Other GTM's. Its
combined estimated annual treatment capacity for all GTM's is approximately
32,000 tons, greatly exceeding the City's hazardous waste generation rate,
which was last comprehensively estimated in 1986 at 3,776 tons annually
(COHWMP, Figure VII-C). According to figures in the COHWMP, which
mayor may not be consistent with operating levels authorized by the City's
1981 use permit, APTEC II's #l~9. total annual treatment capacity equates to
approximately 26% of the Region;s entire treatment needs, varying by GTM
as follows:
GTM
APTEC II Capacity as
% of Regional Need
Aqueous Treatment/Metals
Aqueous Treatment/Organics
Solvent Recovery
Oil Recovery
Oil/Water Separation
Incineration
Stabilization
Other
53%
52%
13%
0%
1%
0%
50%
75%
3-34
The Cit:." is GBHUHittea ts partieipatieg ill the Beesss~' treaBB9Rt sf RazaFaSl:lS
masts at a level eEllli~:aleBt ts wasts gSRsratisR mRaia tHe Cit:.,' sf ClmJa Vista,
ana a fair saare sf tHe ~an Diegs P.egisa'l; masts t:reatmeat Reeas, The City
recognizes that while APlEC II's total capacity far exceeds Chula Vista's
projected total waste treatment needs, not all of the City's treatment needs are
met by APlEC II. Some local wastes require treatments not provided at
APlEC II, and as in the case of incineration, not within San Diego County.
Additionally, select:;m of waste treatment facilities is open to the generator,
and as a result, wastes generated within the City may actually be treated
elsewhere in the County, or outside the region entirely even though necessary
processes and capacity are available at APlEC II. The City recognizes that
IIles& ~lmiliffi conditions exist for all cities within the ~P!!llI9 Region, imil
I\~ig~!lllim~t!ill!#!i~; and that attempts to directly regulate the geographic
generation 811d . treatment of wastes presents tremendous complexities.
Understanding that some cities may not be host to a facility, Chula Vista's
.."""illBoet ~i!Q~!~~P9!ilijl!\~#~!iY.!l'~~t~t.~ij~ril~fu!~~shall
take.. .int.o.~cSoulltthe . efforts .of .all.junsdiCtlolls.. w!lilI!!!#l1!).il'!i~ll~!ia~w!\ilW
#~tilW~iiW\!!i!!~~i!!lil to effectively reduce.. their needs.. foroff:site
treannent, thfough oll:slte treatment and waste minimization efforts. These
hazardous waste management concepts are intended to reflect the Fair Share
Principles of the COHWMP, which while recognizing that locally sited
facilities will exceed local needs, are intended to ensure that the
responsibilities for waste management are equitably recognized and addressed
within San Diego County and neighboring regions.
4.6 SECONDARY SCHOOL SYSTEM
The Sweetwater Union High School District has prepared a master plan for the
expansion of its facilities. The plan includes the district's population
composition, demographic profile, enrollment history and facilities inventory.
From this plan, the district establishes student generation factors and
development standards for the construction of new schools.
The Sweetwater Union High School District Master plan is a public document
and available for review and/or reproduction at the district offices.
4.7 ELEMENTARY SCHOOL SYSTEM
The Master Plan for the Chula Vista City School District is anticipated for
completion in 1989. The plan will include the district's population
composition, demographic profile, enrollment history and facilities inventory.
Based on this plan, the district will establish student generation factors and
project facility needs.
4.8 LIBRARY SYSTEM
The City has prepared a master plan for the Chula Vista Library system. The
basic role of the Chula Vista Public Library will continue as a service and
cultural center for people, a source of information in the community for
purposes of business, social, governmental, practical and enjoyment.
The projected growth of the City will require more library space. The master
3-35
plan calls for the Central Library to continue to serve the Central Chula Vista
and Bayfront areas at its present size. In addition, the plans callsfor the
construction of two new full service libraries. The first is to be in the
Montgomery area to serve the approximately 50,000 existing residents. At the
time the new library is constructed, one or both of the small neighborhood
branches are expected to be closed. The second new library will be in the
Sweetwater/Bonita area and will also be a full service facility. This library is
planned to be built in two phases as population increases.
The fourth library of the master plan system is a smaller library for the Eastern
Territories. This will serve the population of this newly developing area and
will be built as is warranted.
The master plan evaluated a total of seven sites in the Montgomery area. With
little vacant land available all alternatives to new construction should be
thoroughly explored such as renovation of exiting buildings. In the
Sweetwater area a site has been set aside for a future library and five other
sites have been evaluated. An interim library and five other sites have been
evaluated. An interim library facility for Eastern Territories will be provided
in the EastLake Village Shopping Center when it is constructed. The location
is available on a five-year rent free basis. The permanent facility is expected
to be constructed on a site in EastLake. The total master planned library
system at buildout will include three full service libraries and one library in
Eastern Territories that will be sized in accordance with demand.
S. POLICIES AND GUIDELINES
Providing for adequate infrastructure development within the general plan area
as it grows, requires the application of certain policies and guidelines. Those
policies and guidelines, as contained in this section, will assist the user in
interpreting the goals and objectives of Public Services Plan which will assure
that the quality of life in Chula Vista in maintained or enhanced in future
years.
5.1 WATER SUPPLY POLICIES
Water supply for the general plan area comes primarily from two sources:
local water derived from precipitation and stored in Sweetwater Reservoir, and
imported water transported by the San Diego County Water Authority.
Proposed future development and conversion of now vacant land to other uses
will place ever-increasing demands on these supplies. Potential limitations on
the availability of both supplies highlights the need to combine long-term
planning for water supply with long-term planning for community development
in Chula Vista.
(I) The City shall actively partICipate in the water master planning
process by the Otay Water District and Sweetwater Authority. The
City shall use the master plan to assist in assigning the highest
priorities to projects that will alleviate existing water supply problems
such as insufficient transmission capacity or storage.
3-36
(2) Prior to approval of development applications, the City shall
determine that there is adequate water to accommodate the demand
generated by the proposed development.
(3) The City shall encourage and monitor water conservation techniques
and programs and shall educate the community with respect to the
importance of these efforts. This shall include the following:
Mandate the use of water conservation devices in new
development including low water use toilets, shower fixture
and other amenities.
Promote low water usage landscaping that is drought tolerant.
Mandate the use of reclaimed wastewater for all reasonable
applications except in severe hardship cases.
Establish, in concert with the water agencies, a public
information program to educate the community concerning
water conservation and the use of reclaimed wastewater.
. Establish a water conservation monitoring program.
(4) The city shall strongly encourage the San Diego County Water
Authority to make the necessary improvements required to assure
adequate water supply to Chula Vista.
5.2 WASTEWATER SERVICE POLICIES
The collection and disposal of wastewater generated within the general plan
area will require much study and planning in the future. With the Metro
system undergoing significant change coupled with the need to implement an
effective reclamation program, the City will be faced with major decisions
regarding the ultimate wastewater system configuration. An up-to-date
Wastewater Master Plan, administered by the City, will ensure the adequacy
of future facilities to meet the demands imposed by future development. The
extension of wastewater service and the availability of capacity will greatly
influence how much ana where Chula Vista grows.
(1) The City shall use the Wastewater Master Plan as a guide to the
future wastewater collection and treatnient facility requirements.
(2) Proposed facilities shall conform to this general plan's policies for
land use, development location and timing.
(3) Prior to approval of development applications, the City shall
determine that there is adequate capacity to accommodate the
wastewater generated by the proposed development.
(4) Costs of improvements which are necessary to serve new
development, such as extensions of service and pump facilities, shall
be financed by the developer. facilities shall be constructed to City
3-37
standards and dedicated to the City. This policy does not preclude the
use of assessment districts or similar mechanisms to finance
improvements. Existing residents should not have to pay for
improvements necessitated only by new development.
However, if existing residents benefit by increasing their property's
housing density, they shall be required to participate in the required
improvements.
(5) New development to be served by septic systems in the City and in
the County shall be reviewed by the County Health Department to
ensure the adequacy of the design, the suitability of the soils to
accommodate on-site disposal systems and the protection of nearby
surface and groundwater systems. Septic systems shall be permitted
only as a last resort if gravity flow to the City's sewer system is not
possible and only on parcels at least one acre in size, provided that
the City is satisfied that the above criteria are met.
(6) Actively participate in the Metro expansion planning process and,
where appropriate, evaluate reasonable alternatives which will
eliminate Chula Vista's dependence on Metro.
(7) The City shall authorize a feasibility study with respect to
implementing a phased reclamation program to promote drinking
water conservation. The study should address participating in the
Metro reclamation program or establishing an independent program.
5.3 DRAINAGE AND FLOOD CONTROL POLICIES
Collecting and conveying stormwater from present and future developed area
is essential to protecting lives and property. Development of the largely
undeveloped Eastern Territories could significantly affect the existing
downstream drainage and flood control facilities in Central Chula Vista if not
properly regulated.
(I) The City shall use the Drainage and Flood Control Master Plan as a
guide to the future stormwater facility development.
(2) If improvements are necessary to accommodate new development, it
shall be the developer's responsibility to bear the costs of such
improvements, to construct the facilities to City standards and to
dedicate them to the City. As an alternative, the City may establish
and the developer shall pay drainage basin fees for financing the
required facilities necessary to preclude a negative impact on the
downstream facilities.
(3) Prior to approval of a development application, the City shall
determine that there is adequate downstream stormwater drainage
capacity to accommodate the runoff generated by future development
within the project's drainage basin.
(4) The City shall mandate the development of on-site detention of
3-38
stormwater flows such that, where practical, existing downstream
structures will not be overloaded.
(5) The City shall require the development of on-site sediment control a
part of each project.
(6) The City shall discourage disruption of the natural landforms and
encourage the maximum use of natural drainageways in new
development. Where possible, non-structural flood protection
methods, such as natural channels or improved channels which
simulate natural channels should be considered as an alternative to
constructing concrete channels to protect and stabilize land areas.
5.4 SOLID WASTE CONTROL POLICIES
The City's solid waste is disposed of in the Otay Landfill located within the
general plan area. The site is expected to close in the foreseeable future if
waste reduction technologies are not employed. It is critical that the City
continue to participate in and support efforts to extend the life of existing solid
waste landfills and to locate and develop new landfills.
(1) The City shall continue to support efforts by the San Diego County
Solid Waste Division of Public Works to maintain adequate facilities
for solid waste disposal.
(2) The City shall encourage efforts to recycle waste materials. Small
collection facilities should be permitted or provided in commercial
and industrial areas. Provided adverse circulation, parking and visual
impacts can be mitigated.
(3) Sites for transfer stations, where garbage collected from individual
collection routes are transferred into larger trucks for disposal, should
be permitted within areas designated for general industrial, provided
circulation, visual and noise impacts do not adversely affect adjacent
uses.
(4) The City shall support waste reduction legislation and the County
Public Informatiun and Education Program.
5.5 HAZARDOUS WASTE CONTROL POLICIES
Effective and safe management of hazardous wastes within the City of Chula
Vista, in accordance with provisions of the COHWMP, requires the
development of policies and implementation measures which recognize not
only the need for adequate waste treatment capacity, but also the need to
reduce the volume of wastes produced, to establish a local regulatory
framework to coordinate the review of applications for new or expanded
hazardous waste facilities among involved agencies, parties and the public, and
to set forth Ioeational, siting, and permitting criteria for hazardous waste
facilities which will ensure the protection of public health and safety, and
environmental resources.
3-39
As a rapidly growing, mixed-use community characterized by the integration
of industrial, business and technological areas within a predominantly
residential land use fabric, the City of Chula Vista has special concerns with
respect to local hazardous waste management, particularly the safe siting or
expansion of off-site hazardous waste treatment facilities. Based on particular
local conditions creating these concerns, as further indicated in the following
sections, it is the City's intent to actively participate in, and promote efforts
to reduce the volume of waste adding to the necessity to site new, or exp^nd
existing, hazardous waste treatment facilities. Furthermore, as provided by
Section 25l35.7(d) of the Health and Safety Code, the following sets forth
those planning and siting criteria, and other provisions intended to prevail over
,those of the COHWMP, where their application is more stringent or restrictive
in favor of the protection of the public health, safety and welfare, and
environmental resources within the City of Chula Vista.
Hazardous Waste Minimization
Consistent with the provisions of Chapter VI of the COHWMP,
(1) The City shall continue to participate in and support the efforts of the
County Hazardous Materials Management Division (HMMD) and
other involved agencies to meet the goal of a 30% reduction in
county-wide hazardous waste generation over the next five years
through source reduction, reuse, and recycling approaches. This shall
include the exploration of funding and grant sources.
(2) The City shall encourage the development of industries within the
general plan area which are negligible or minimal hazardous
waste-producing, and shall properly screen and identify new or
proposed development that will be using hazardous materials and
generating hazardous wastes.
(3) Prior to the issuance or renewal of a business license for businesses
!#ml\im~ ....mg hazardous materials and{iii; generating hazardous
\Vasi., 'the City shall require proof that the Ticensee has prepared and
submitted an acceptable Business Plani~~~~!m_~#t
Rt~\iimH\!jjlr#i_M~RP!!@~I~; with the ,', CountYHl\1l\1D,and
obi,lllledlJ.lllle""ssaryllcellsesand permits. In cooperation with
HMMD's Pollution Prevention Program, the City shall also consider
the establishment of a local screening process to ensure those
businesses participation in waste minimization efforts.
(4) In cooperation with the County HMMD, the City shall work to
enhance community awareness and public relations regarding
hazardous waste management and minimization through dissemination
of literature, and the sponsoring of educational workshops and forums
with hazardous material and waste industry leaders, product and
business associations, and local waste generators.
(5) The City shall establish a program to recognize industries or
businesses that effectively eliminate or minimize hazardous wastes.
3-40
(6) The City shall prepare periodic reports on the progress of hazardous
waste minimization efforts in the City.
Household Hazardous Waste
Pursuant to the requirements of AB 939, the City has prepared for adoption a
Household Hazardous Waste Element (HHWE) as a component of county-wide
integrated waste managell'.nt plans. Consistent with Chapter V of the
COHWMP, the HHWE addresses the safe collection, recycling, treatment and
disposal of household hazardous waste within the City over both the short term
(1991-1995) and mid-term (1996-2000).
(I) The City shall work with the County to encourage, through
community education, a reduction in household hazardous waste
generation by promoting safe substitutes and recycling.
(2) The City shall encourage the safe disposal of household hazardous
wastes by working with the County in providing convenient disposal
alternatives to the residents of Chula Vista, including support and
sponsorship of community collection events, and establishment of
specialized criteria for evaluating the siting of temporary and
permanent collection centers.
General Areas
The Tanner Act (AB 2948) requires the mapping of "general areas" within
which hazardous waste facilities might be established, subject to evaluation
based on the siting criteria set forth in the subsequent section. "General areas"
are intended to illustrate the extent and distribution of potential siting
opportunities within Chula Vista and as such, are designed along with the
siting criteria as first step in analyzing the appropriateness of a particular site
for a hazardous waste facility. The "general areas" ARE NOT recommended
locations for such facilities, nor are they intended as a specific guide to
locations where facility siting applications are encouraged. However, facility
proposals should be considered only if they are within the general areas
designated herein.
Existing industrial areas; and future industrial areas designated in the Chula
Vista General Plan were included as "general areas" in Chapter IX and
Appendix IX-B of the COHWMP. These areas do not necessarily represent
all the available locations for facilities, as additional land designated as
industrial through future General Plan amendments and rewnings should also
be considered for possible inclusion as a "general area". Likewise, application
of siting criteria to more specific local conditions may prove some of the
identified generalized areas as unacceptable.
Based on a review of more specific local land use conditions in relation to
several prominent siting criteria, Figure 3-10 depicts a refinement of "general
areas" within which hazardous waste facility proposals would be considered
in the Chula Vista Planning Area. These refined "general areas" shall prevail
over the "general areas" described in the COHWMP and its appendices, and
shall be subject to review and amendment from time-to-time as necessitated
3-41
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by changing land use and other local conditions. For clarification, the
following prescribes those industrially designated and zoned areas which have
presently been removed from the COHWMP's "general areas" inventory:
Montgomerv/Otav Community: Bounded by L Street on the north,
Interstate 5 on the west, Otay River on the south, and Interstate 805
on the east. Much of the community's industrial areas are juxtaposed
with residential uses and immobile populations such as schools,
resulting from an historic lack of zoning regulation and enforcement
under County jurisdiction prior to the area's annexation in 1985.
Potential location of a hazardous waste facility in this land use setting
would present substantial and unacceptable risks to public health and
safety. In addition, the largest aggregate industrial area located along
the Main Street corridor borders the environmentally sensitive Otay
River Valley (recently inventoried in conjunction with preparation of
the Otay River Resource Enhancement Plan), and is entirely within
the dam failure inundation area for Lower Otay Reservoir's Savage
Dam according to maps on file with the State Department of Water
Resources.
EastLake and Rancho Del Rev Business Parks: These industrially
designated areas in Eastern Chula Vista are integrated components of
predominantly residential mixed-use master planned communities.
Reflective of this setting, they are intended as employment areas
comprised of light industrial uses such as warehousing and
distribution, and would be inappropriate for hazardous waste facilities.
Furthermore, principal access to these areas is by way of East H
Street and Telegraph Canyon Road which transect large residential
areas and serve as principal travel routes carrying in excess of 35,000
ADT, presenting substantial transportation risks.
Otav Vallev Road: The portion of the Otay Valley Road industrial
area east of Interstate 805 and south of Otay Valley Road borders the
Otay River Valley, and is entirely within the dam failure inundation
area for Lower Otay Reservoir's Savage Dam.
The following policies regarding General Areas in the Chula Vista Planning
Area shall prevail over lhe seven General Area policies set forth on pages
IX-46 and IX-47 of the COHWMP:
(I) Proposals for hazardous waste facilities shall be accepted for review
only if they are within a designated "general area" as herein
established at the time the application is accepted as complete.
(2) The review and evaluation of applications accepted pursuant to (J)
above shall be based upon the policies and siting criteria set forth in
the City's General Plan, subject to required risk assessments,
environmental reviews and other applicable codes, ordinances, and
requirements.
(3) "General Areas" shall be limited to existing developed industrial land,
and land designated for future industrial development in the present
3-42
General Plan, except as herein restricted.
(4) The City shall evaluate any future general plan revisions involving the
establishment of industrial land use designations for the
appropriateness of their inclusion as a "general area" within the City
of Chula Vista.
(5) The City may, from time to time, as changes to local plans, policies,
and conditions '''lIITllBt;I#!M~il@j;!l!ii@!~~*m;#llillgjj!i~
~!!1lq~li!~9A9fp~~JI~~lt1l;~iYiIDil!*~~;~~~~
~y@~:..deteiiiime.!i~ijiili~~!i~!\l~tl9Athiit .certiiiii..iidustrliil
la.nd use designations oriOiiiiigdislrictsare not appropriate for
inclusion as "general areas", as long as the ability to accept
applications and potentially site facilities is not significantly restricted.
(6) "General Areas" for household hazardous waste collection facilities
shall be restricted to lands designated for industrial use. All lands
designated for industrial use within the Planning Area shall be
deemed included for accepting applications for such facilities
regardless of ~ !~~~!iWi~ possible exclusion from refined
"general areas" for aICother.iYi,es of transfer or treatment facilities.
(7) Military lands should also be considered as part ofthe "general areas."
It is the Department of Defense policy to avoid siting of commercial
hazardous waste treatment and disposal facilities on military land.
Siting on a case-by-case basis could be considered in special
circumstances. A relationship should be developed with the military
in which common local jurisdiction and military hazardous waste
issues and needs can be cooperatively addressed. The Memorandum
of Agreement that currently exists between the u.s. Navy and the
SANDAG should be the basis for this relationship.
(8) Land currently under the control of the Federal Bureau of Land
Management (BLM) has the potential to be acquired by local
government or by private parties. BLM land transferred from federal
to non-federal ownership is subject to local government general plan
designation and zoning. All of the general area policies and other
policies would apply to this transferred land.
(9) Indian land is not subject to any federal, state and local
environmental, health, safety and planning requirements. Therefore,
Indian lands should not be considered potential "general areas" unless
these lands can meet all siting criteria as set forth herein, and
permission to use Indian land can be obtained.
3-43
Siting Criteria
Under the Tanner Act (AB 2948), local government is required to adopt "siting
criteria" to be applied in evaluating hazardous waste facility proposals within
the previously established "general areas". Siting criteria are those operational,
financial, land use and transportation conditions which must be met if a
hazardous waste management facility is to be permitted at a specific site.
Siting criteria are both qualitative and quantitative in nature, and as the focus
of the siting process are primarily intended to ensure the sufficient protection
of public health, safety and welfare, and environmental resources.
The criteria are designed somewhat generically in that they apply to evaluation
of a broad range of hazardous waste facilities and management technologies
which can vary greatly in their size, volume, and type of waste stream(s)
handled, and which inherently may differ substantially in their potential land
use, environmental, and public health impacts. While this generic nature of the
criteria provides needed flexibility in the local review process, it also
necessitates that facility review be conducted carefully and thoroughly. As a
result, all local facility application reviews shall include an environmental
review and health risk assessment, and any approvals shall be through a
conditional use permit.
Recognizing the influence of more specific local conditions on the
development and application of siting criteria, Section 25l35.7(d) of the
California Health and Safety Code allows cities to establish more stringent
planning requirements or siting criteria than those in the COHWMP. In order
to assure that hazardous waste facilities are considered with the highest regard
for the health, safety and welfare of the citizens of Chula Vista, ""d the
continued preservation and protection of its natural resources, the foIiowing
modified siting criteria shall be employed in the evaluation of hazardous waste
facility proposals within the City's General Planning Area, and shall prevail
over the siting criteria contained in Appendix IX-A of the COHWMP:
PROTECT THE RESIDENTS OF CHULA VISTA
I. Proximity to populations
Proximity to populations is defined as the distance from the
boundary of the site upon which t,he facility is proposed to
dwellings used by one or more persons as a permanent place
of residence, or to dwellings inhabited by persons
temporarily for purposes of work (e.g., migrant workers,
construction camps).
For a residuals repository, the proximity of the facility to
populations must be a minimum of 2,000 feet, subject to
increase pursuant to the required risk assessments and
environmental review.
The active portion of a facility shall be subject to additional
setbacks and buffering from the property boundary as
3-45
required by the underlying zone, or through conditions
established by the associated use permit(s).
All hazardous waste facility proposals shall be required to
undergo an environmental review and prepare a health risk
assessment regardless of their type, size, or proximity to
populations or immobile populations. Said health risk
assessment (HRA), as discussed on pages IX-28 through -33
of the COHWMP, shall be prepared under the direction of
the City, the Local Assessment Committee (LAC), and any
Ad Hoc Technical Committees which may be created to
advise the City and the LAC on such matters.
With respect to hazardous waste treatment facilities, there is
no stated distance from populations or immobile populations
which is assumed to be safe. The required HRA shall serve
as a fundamental mechanism to present data, evaluations and
recommendations for use by the City Council in "Itimately
determining *~!!!ij~t!\'!fMlil!~mjj~:Wf#P##l!\~!i!W!#I.!ii1
5W$~~!iiigl~tp~i1%!~<mi!ii1!!l!i$_m.~i the
appropriate location and distance for the particular hazardous
waste facility in relation to any existing and proposed
surrounding residential development or other sensitive
receptors.
The City shall establish a screening process to determine the
scope and content of each HRA, and the need for, and type
of, any additional technical studies. It is the intent of the
City in developing this scope, that the HRA recognize the
alternative sites presented through the environmental review
and provide comparative evaluation of these sites s&-il& to
enable seFfl~reReRsi':e consideration of the relative public
health, safety and welfare risks, and environmental protection
concerns in making siting decisions.
Existing hotels and motels shall also be considered
residences.
Distance separation requirements for residuals repositories
and other facilities shall include all areas designated in
General Plan for future residential development regardless of
their density, as well as existing residences.
Setback or buffer areas shall be precluded from future
residential uses through property restrictions such as
easements or covenants, and where appropriate, through
general planning and zoning.
2. Proximity to immobile populations
Proximity to immobile populations is defined as the distance
from the boundary of the site upon which the facility is
3-46
located to areas where persons who cannot or should not be
moved are located.
The definition of immobile populations includes childcare
facilities and K-12 schools as well as hospitals, convalescent
homes and prisons.
Hazardous waste facilities shall not be located within one
mile of any of these populations unless the required risk
assessment satisfactorily indicates that the attendant health
and safety risks are not appreciably increased;' amI tllaR "Rly
at taB ElissretiaR sf the C'i~' C'91aRSil.
3. Capability of emergency services
Capability of emergency services is dermed to include the
extent of training and equipment of fire departments, police
departments, and hospitals for handling industrial
emergencies, particularly those involving hazardous materials
and wastes.
All facilities shall be located in areas where fire departments
are trained to deal with hazardous materials accidents, where
mutual aid and immediate aid agreements are
well-established, and where demonstrated emergency
response times are the same or better than those
recommended by the National Fire Prevention Association.
The City may require additional facility design features
and/or on-site emergency services at the facility based on the
type of wastes handled or the location of the facility.
Pursuant to the requirements of State law, and subject to the
satisfaction and approval of the City Council, facilities may
provide their own emergency response capability.
ENSURE THE STRUCTURAL STABILITY OF THE FACILITY
4. Flood hazard areas
Flood hazard areas are dermed as areas which are prone to
inundation by IOO-year frequency floods, and by flash floods
and debris flows resulting from major storm events. Flood
hazard areas can be determined by checking Federal
Emergency Management Agency flood insurance maps or
with local flood control districts.
Residuals repositories are expressly prohibited in areas
subject to inundation by floods with a IOO-year return
frequency, and should not be located in areas subject to flash
floods and debris flows.
3-47
All il!l\!lji facilities and accesses to such facilities ffilmlWljifu
~~j9~mA#j~(~~1mj9!#]!il!~i!!m~~!i!I~y~)
shallbelocaiedoutsideihei<i<i~yeartioodiiialn;oiareas
subject to flash floods and debris flows. The risk assessment
and environmental review shall analyze such hazards. Ally-
eijxceptions Basalt 99 pre]39S99 8BgiB9er.iRg ami gesigR
~~:~~;~F~~i!tliilll,.ili~li~.i
l!~~i."""""""""""""""""""""""" ............. ..............
5. Areas subject to tsunamis, seiches, and storm surges
Areas subject to tsunamis, seiches, and storm surges are
defined as areas bordering oceans, bays, inlets, estuaries or
similar bodies of water which may flood due to tsunamis
(commonly known as tidal waves), seiches (vertically
oscillating standing waves usually occurring in enclosed
bodies of water such as lakes, reservoirs, and harbors caused
by seismic activity, violent winds, or changes in atmospheric
pressure), or storm surges.
:UI laBilities, iBslyaiRg Residual repositories, shall be
prohibited from locating in areas subject to 118811iRg freRl
these occurrences. The risk assessment and environmental
review shall analyze such hazards.
.-.
6. Proximity to active and potentially active faults
An active fault is defined as a fault along which surface
displacement has occurred during Holocene time (about the
last 11,000 years) and is associated with one or more of the
following:
a recorded earthquake with surface rupture
fault creep slippage
displaced survey lines
A potentially active fault is defined as a fault showing
evidence of surface displacement during Quaternary time
(from the last 11 ,000 years to about the last 2 to 3 million
years, and is characterized by the following:
considerable length
association with an alignment of numerous
earthquake epicenters
continuity with faults having historic displacement
3-48
association with youthful major mountain scarps or
ranges
correlation with strong geophysical anomalies
All facilities are required to have a minimum 200- foot
setback from a known active or potentially active fault.
All facilities regardless of proximity to faults, shall as-a
miniBulHl etanaare, be constructed to seismic zone 4 building
code standards., s1:H3jeat 19 FBEtHiTBIHSRts iH em~eS8 afJ
aeteHHieea ReseSSaf)' BY the Cit:;' t9 pTatest ,Helie Healte ana
~
7. Slope stability
Slope stability is defined as the relative degree to which the
site will be vulnerable to the forces of gravity, such as
landslide, soil creep, earth flow, or any other mass movement
of earth material which might cause a breach, carry wastes
away from the facility, or inundate the facility.
Residuals repositories are expressly prohibited in areas of
potential slope instability.
All other facilities shall be prohibited in areas of potential
slope instability or rapid geologic change. Excepti!m~~#~
it\'!\i!t#~!iXli!l~q!!$}i!!lll!~!!,\jf_lt#4!:i~ lIS alilllOFi..eG Ii):
~,atls'faGt,~:~'._~?_gi~eer,in~' '~,tl_,~esig~,' s,~r~i8'B'S,,_fW~~~1~:1:WID~J:
~!im!il~l#.~!Mwm!!!!!Ml*i!Il~~..~l1.~#~!ili~" aIlG .ti".ii
~~rB;"'af 'sf' ~8 .tit)" .{\lHJiGIC....the. "risk "assessment and
environmental review shall include an analysis of such
hazards.
8. Subsidence/liquefaction
Subsidence is defined as a sinking of the land surface
following the removal of solid mineral matter or fluids (e.g.,
water or oil) from the subsurface.
Liquefaction refers to the surface materials that develop
liquid properties upon being physically disturbed.
.AJl fasilities, iBshuling Residual repositories, shall be
prohibited from locating in areas subject to these
disturbances........a The risk assessment and environmental
review shall include an analysis of such potential
disturbances.
--
3-49
9. Dam failure inundation areas
Dam failure inundation areas are defined as the areas below
a dam structure (i.e., reservoir darn, debris basin) which
would be inundated by the flow of water from the
impoundment created by the darn structure if it were to fail.
All hazardous waste management facilities shall be prohibited
from locating within darn failure inundation areas.
PROTECT SURFACE WATER QUALITY
All facilities will be required to meet federal and state water quality
requirements, administered by the State and Regional Water Quality Control
Boards.
10. Aqueducts and reservoirs
Aqueducts are defmed as conduits for conveying drinking
water supplies.
Reservoirs are defmed as impoundments for containing
drinking water supplies.
All facilities shall be located in areas posing minimal threats
to the contamination of drinking water supplies contained in
reservoirs and aqueducts. Evaluation of such threats shall
include airborne emissions potential to contaminate surface
water.
II. Discharge of treated effluent
Discharge of treated effluent is defined as the availability of
wastewater treatment facilities to accept treated wastewater
(effluent), or the ability to discharge treated effluent directly
into a stream, including a dry stream bed, or into the ocean
through a state-permitted outfall.
Facilities generating wastewaters shall be located in areas
with adequate sewer capacity to accommodate the expected
wastewater discharge. If sewers are not available, sites
should be evaluated for ease of connecting to a sewer, or for
the feasibility of discharging directly into a stream or the
ocean.
PROTECT GROUNDWATER QUALITY
Residuals repositories:
3-50
Current State Water Resources Control Board (SWRCB) regulations, as
implemented by the Regional Water Quality Control Board, including:
Immediately underlain by natural geologic materials with permeability
of not more than IxlO-7 cmlsec (1.24 inlyr)l.
Natural material shall be of sufficient thickness to prevent vertical
movement of fluid, including waste and leachate, to waters of the
state for as long as they pose a threat to water quality.
Lateral movement prevented by natural or artificial barriers.
In addition to the preceding siting criteria, the current SWRCB regulations also
include the following construction standards:
Compatibility of the wastes with construction materials.
Clay liner at least 2 feet thick (in addition to natural material and
synthetic liner).
A leachate collection system adequate to collect and remove twice the
maximum anticipated daily volume.
A cover adequate to prevent percolation of precipitation through the
wastes.
Precipitation and drainage controls.
Seismic design.
All other facilities:
Current State Department of Health Services regulations require double
containment for underground storage. In addition, the following criteria (Nos.
12 to 18) apply to non-repository facilities.
12. Proximity to supply wells and well fields
Proximity to supply wells and well fields is defined as the distance to
areas used for extraction of groundwater for drinking water supplies
by high-capacity production wells and identified by the presence of
several wells that constitute a well field.
Hazardous waste facilities shall locate outside the cone of depression
created by pumping well or well field for 90 days unless an effective
hydrogeologic barrier to vertical flow exists.
IThe interpretation of this requirement by Regional Water Quality Control
Boards needs to be clarified and standardized.
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13. Depth to Groundwater
Depth to groundwater is defined as the minimal seasonal depth to the
highest anticipated elevation of underlying groundwater from the
bottom of any proposed waste-containing facility.
The foundation of all containment structures at the facility must be
capable of withstanding hydraulic pressure gradients to prevent failure
due to settlement, compression, or uplift as certified by a registered
civil engineer or engineering geologist registered in California.
14. Groundwater monitoring reliability
Groundwater monitoring reliability is dermed as the dependability of
a scientifically designed monitoring program to measure, observe, and
evaluate groundwater quality and flow.
Where the risk assessment and/or environmental review have
identified any potential impacts to groundwater, in addition to
required mitigation measures, a reliable groundwater monitoring
program shall be required as "pocifiod im4!\Y~I'l!@!! by the City.
.............................
15. Major aquifer recharge areas
Major aquifer recharge areas are defined as regions of principal
recharge to major regional aquifers, as identified in the existing
literature or by hydrogeological experts familiar with the San Diego
region. Such recharge areas are typically found in:
Outcrop or subcrop areas of major water-yielding facies of
confined aquifers.
Outcrop or subcrop areas of confining units that supply major
recharge to underlying regional aquifers.
Facilities with strrface or subsurface storageltreatment located within
one-half mile of a potential drinking water source shall have a
groundwater study conducted to determine appropriate buffer zone
and mitigation measures.
16. Permeability of surficial materials
Permeability of surficial materials is dermed as the ability of geologic
materials at the earth's surface to infiltrate and percolate water.
Facilities locating in areas where surficial materials are principally
highly permeable materials shall conduct an appropriate groundwater
study, and provide for appropriate mitigation measures such as
increased spill contairnnent and an inspection program.
3-52
17. Existing groundwater quality
Existing groundwater quality is dermed as the chemical quality of the
groundwater in comparison to the U.S. Environmental Protection
Agency Interim Primary and Secondary Drinking Water Standards
and, for constituents with no standards, to guidelines suggested by
research reported in the literature.
The Environmental Protection Agency has released guidelines
defining protection policies for three classes of groundwater, based on
their respective value and their vulnerability to contamination. The
three classes are:
Class I: Groundwater that is highly vulnerable to
contamination and characterized by being irreplaceable (no
reasonable alternative source of drinking water is available)
or ecologically vital (if polluted, would destroy a unique
habitat). These are designed as Special Groundwaters.
Class 11: Current or potential sources of drinking water and
waters having other beneficial uses.
Class lll: Groundwaters not considered potential sources of
drinking water and of limited beneficial use (waters heavily
saline [IDA levels 10,000 ppm]) or otherwise contaminated
beyond levels that allow cleanup using reasonably employed
treatment methods).
Facilities located in areas where existing groundwater quality is Class
I or Class 11 shall conduct an appropriate groundwater impact study
as part of the environmental review, and shall provide increased spill
containment and inspection measures in addition to other identified
mitigation.
18. Proximity to groundwater dependent communities
Prohibit siting within groundwater drainage basin(s) within which
groundwater dependent communities exist, except for any portion of
such basin(s) 5 miles or more down-elevation from the boundaries of
the subject community(ies).
PROTECT AIR QUALITY
Current San Diego Air Pollution Control District (APCD) regulations.
implementing federal, state and local air quality regulations including Rules
20.2 and 20.3 governing new source review, the APCD's standard prohibitions
and Rule 51 covering public nuisances. Rule 51 would typically apply to all
types of hazardous waste treatment facilities. The County of San Diego
Department of Health Services implementation of response plans for acute and
accidental hazards (pursuant to AB 3777) would also cover air quality issues.
The City shall involve the APCD in the screening and scoping process
3-53
for the required Health Risk Assessment on all facilities, and the risk
assessment shall address all potential emissions and indicate whether
any have the potential to adversely affect human health and the
environment, and to what extent.
PROTECT ENVIRONMENTALLY SENSITIVE AREAS
19. Wetlands
Facilities shall not be located in wetlands such as saltwater, fresh
water, and brackish marshes, swamps and bogs inundated by surface
or groundwater with a frequency to support, under normal
circumstances, a prevalence of vegetative or aquatic life which
requires saturated soil conditions for growth and reproduction, as
defined by local, regional, state or federal plans and guidelines.
20. Proximity to habitats of threatened and endangered species
Habitats of threatened and endangered species are defined as areas
known to be inhabited permanently or seasonally or known to be
critical at any state in the life cycle of any species of wildlife or
vegetation identified or being considered for identification as
"endangeredll or "threatened" by the U.S. Department of Interior or
the State of California.
Facilities shall not be located within critical habitat areas, as defined
in local, regional, state or federal plans.
21. Natural, recreational, cultural, and aesthetic resources
Natural, recreational, cultural, and aesthetic resources are defined as
public and private lands having local, regional, state, or national
significance, value, or importance. These lands include national, state,
regional, county, and local parks and recreation areas, historic
resources, wild and scenic rivers, scenic highways, ecological
preserves, public and private (e.g., Natural Conservancy Trust for
Public Lands) preservation areas, and other lands of local, regional,
state, or national significance.
All facilities shall avoid locating in, or near these areas. The risk
assessment and environmental review shall identify these resources
proximate to the facility and its major transportation routes. Pursuant
to demonstrated necessity, and at the discretion of the City Council,
some facility operations or transportation routes may be allowed
within unused or compatible portions of certain public lands.
22. Prime agricultural lands
Prime agricultural lands, under California law, may not be used for
urban purposes unless an overriding public need is served. When
siting hazardous waste management facilities in these areas, overriding
public service needs must be demonstrated to the satisfaction of the
3-54
City Council.
23. Mineral deposits
Facilities shall not be sited so as to preclude extraction of minerals
necessary to sustain the economy of the State.
24. Public facilities and military reservations
Public facilities and military reservations are defined as lands owned
by federal, state, county, or local governments on which facilities used
to supply public services and Department of Defense (DOD) bases
and installations are located. In particular, these lands would include
highway maintenance and storage areas, airports, city or county
corporation yards, waste disposal facilities, sewage treatment facilities,
state school lands (lands deeded to the state when California was
admitted to the Union), and military bases and installations.
It is the policy of the Department of Defense that military land shall
not be considered for public hazardous waste management facilities.
However, the military currently has hazardous waste treatment and
storage facilities located on military bases in the San Diego region
and has in the past leased military land to public agencies for waste
management functions (Mirarnar Landfill).
Therefore, military lands are potentially available for the siting of new
facilities for the handling of military hazardous waste (new facilities
for the handling of military hazardous waste (new facilities are
proposed in the U.S. Navy's 5-year budget. Military land may be
considered for lease or sale for public hazardous waste facilities, at
the discretion of the military.
SAFE TRANSPORTATION OF HAZARDOUS WASTE
The City shall require preparation of a traffic/transportation study as
part of the environmental review and risk assessment for all facility
proposals, which study shall account for all factors addressed in items
#25 to #29, and consider both existing and projected land use and
circulatory conditions pursuant to the General Plan.
25. Proximity to areas of waste generation'
Proximity to areas of waste generation is defined as the travel time
from the major market areas of waste generation to the proposed
facility .
All facilities except residuals repositories by virtue oflocation, should
minimize travel time for all market areas of waste generation, on a
weighted basis, with no major market areas beyond a one-way travel
time of one day (including loading and unloading).
For the residuals repository, one-way transportation time, including
3-55
loading and unloading, from any major market areas would not
exceed one day, with the majority of the driving time spent on major
routes (state and interstate divided highways).
Total transportation costs for incineration facilities should represent
a modest portion of the total cost of using such facilities including
drop charges.
Transfer facilities should be located within each major area of waste
generation to encourage maximum use.
Alternate transportation by rail may be evaluated in regard to specific
locations for feasibility and efficiency.
In comparison with multiple small facilities, economies of scale for
a single centralized facility may offset the additional transportation
cost.
26. Distance from major route
Distance from a major route is defined as the distance along a minor
route (city street, boulevard, or undivided highway) that a truck must
travel to reach the facility after leaving the major route (state or
interstate divided highway).
Distance traveled on minor roads should be kept to a minimum.
Facilities are best located near an exit of a major route.
Only locations adjacent to major routes or accessed from major routes
via routes used locally for truck traffic (e.g., truck routes) should be
considered for transfer or treatment facilities.
The facility developers may propose to build a direct access road to
avoid the minor route(s).
27. Structures fronting minor routes
Structures fronting minor routes are defined as the number and type
of residences, schools, hospitals, and shopping centers having primary
access from the transportation route between the entrance of a facility
and the nearest major route.
Facilities should be located such that any minor routes from the major
route (state or interstate divided highway) to the facility are used
primarily by trucks, and the number of non-industrial structures
(homes, hospitals, schools, etc. is minimal.
The facility developer shall evaluate the "population at risk" based on
the Federal Highway Administration's Guidelines for Applying
Criteria to Designate Routes for Transporting Hazardous Materials.
The population at risk factor should not exceed that for existing
facilities, and sites with lower factors should be preferred.
3-56
Specific highway segments may be scheduled for CAL TRANS
improvement.
Transportation could be curtailed during peak use by automobiles,
school traffic, etc.
28. Highway accident rate
The highway accident rate is defined as the occurrence of minor to
fatal ac~idents per vehicle miles traveled, as recorded by the
California Department of Transportation.
The minimum time path from major market areas to a facility should
follow highways with low to moderate average annual daily traffic
and accident rates, as guided by the research and findings of state,
regional, county, and city transportation planners.
Specific highway segments may be scheduled for CAL TRANS
improvements which may decrease highway accident rates.
Hazardous waste transportation could be curtailed during periods of
greatest automobile traffic.
The facility developer should work with the region, county, and city
transportation planners in selecting alternate routes.
29. Capacity versus AADT of access roads
Capacity versus average annual daily traffic (AAD1) of access roads
is defined as the number of vehicles that the road is designed to
handle versus the number of vehicles it does handle on a daily basis,
averaged over a period of one year.
The changes in the ratio of route capacity to average annual daily
traffic should be negligible after calculating the number of trucks on
the major and minor routes expected to service the facility.
Facility develop"" may propose to upgrade the road(s) to provide
additional capacity.
PROTECT SOCIAL AND ECONOMIC GOALS
30. Consistency with General Plan
Consistency with the 'General Plan is defined as consistency
.
of the proposed facility with the goals, objectives and
policies of the City as expressed by the General Plan,
Specific Plans, implementing ordinances, and other applicable
programs.
As provided by Section 25199.5 of the California Health and
Safety Code, the consistency of any proposal with the
3-57
-.
General Plan, Specific Plans, zoning ordinances, and other
applicable programs shall be based on their provisions as in
place at the time the associated application for a land use
decision is accepted as complete.
The proposed facility should be sited at one of the most
consistent locations within the City as reflected in the
General Plan, Specific Plans, zoning ordinances, and other
applicable planning programs.
. The evaluation of consistency shall be based directly upon
the provisions of the General Plan, Specific Plans and zoning
ordinances in effect, and shall not take into consideration any
mitigation measures proposed by the proponent to further
community goals which are not project specific and directly
related to identified public health and safety, and
environmental concerns.
Developer may petition for an amendment to the General
Plan.
31. Direct revenue to the City
Direct revenue to the City is defined as the present worth of the dollar
amount of annual property tax revenue and any other direct payments
(e.g., local usage and per capita taxes, hazardous waste taxes) that the
facility will contribute to the City during the period of construction
and the facility's operating life.
The proposed facility's power for tax and revenue generation relative
to both current site users and other reasonably prospective site users
in terms of amount, stability, and cost to the City should not show a
net loss.
The City may consider compensation programs which could offset
projected losses either directly or indirectly.
32. Changes in empioyment
Changes in employment are defined as the total number of permanent
full- and part-time jobs resulting from the construction and operation
of the facility, including the number of each type of job expected to
be followed by local residents.
If this clearly is an issue causing disagreement between the facility
developer and the ~1!!il!t\ then the developer shall fund an
independent study of the issue.
The developer and the City shall agree beforehand on the scope of the
study and who will conduct it. The sophistication of the study
methods shall be appropriate to the nature and size of the facility and
the City's degree of concern with the particular issue.
3-58
If the number of jobs accounts for a significant portion of
employment in the area, then the developer should provide appropriate
programs to address the socio-economic and public services impacts
on the community.
Fair Share
The Southern California Hazardous Waste Management Authority (SCHWMA)
provides oversight and coordination toward resolving local government siting
issues in Southern California through its Regional Action Plan, which is in part
founded upon the .w (Fair Share "Principles") and (Fair Share "Formula")
~;i~~;;#f;.s ~~;e t~i~~p~~sth.:~~~=;!!~~~~~~!~!~;!
tiliii"ilie A:i"iiliJiHliBnsize fef an eeBBBJBisally \'iakhr kaHnls1:ls ~::aste [a6Bi!:,' ~Hi11
lil:ely BusBes tHe Reeas sf any lesal j1:lFifJaietiee iR nrllisa it is lesatBa, ami ia
IItlf~l~11~~~i1i;g~~;!~!~.ltllilrJI
cOlulties; regional cooperation is necessary toaddfess the sitillgoflleeded
hazardous waste facilities both between and within counties. w9ti!iif!!i!!!i~ijt~
-~
AA!1~Wi assurances can be made that all cities and counties ~!lw@1!& share
ill the responsibility for proper treatment and disposal of theirelllire waste
stream. The Fair Share Principles and Formula have been adopted as part of
the COHWMP. and are to be considered by local jurisdictions in making
facility siting decisions.
:\1 ~res8Rt, BBm9~:er, teen Bees Bet "nis! slsar airestiBR as t8 Item a Iesal
jl:lri!:aistiBR is t9 GaBBiesT anEt ~ply fair SltafB 13riasiJJles te S138sif..iS fasi1it~'
siting I3re]388ak The )3FiasiplefJ sBRtaiRS9 iR teB COPP.\I}{P, as sarh'sa Hem
~CW'~.'~V.'s RegisRal ~A.etiBB PlaB, feGllS BA "'RetBer SB\iR~' ~yiae RBeaS fer
v:aste treatmeNt aRB aifJJ3B~al are BsiRg met tMewglt sither faeilit)' e~aeit:"
v:ithi8 tHe ee'elR~', ana/er effBGti\'e iRter ge~:BfRJRe8tal agfsemsRts mitH etasr
sewRtisfl. 18 slleA seRtent, SJRFleYHls8t ef fair flRare se8siEleratieRS at tHe leGal
level ill s"alaati8g R9m sr Im]3amlsQ fasi1i~' l;reJ39sals ma:,' Be sigRiHsantl~'
imFagtel:i if C'eY~' u:il:ie R9SQfl, ",'liiSR the j'elAsaistieR Ra& Be Elirest alHRerit)'
9':er, are Ret BeiRg fully aa9FSflflea, This flitHatieB aeeG Ret res9gRiile
j\H'isaietieBs "'ithiR the CelHlty "'liisA are ake~: Reflt t9 Bai!3I'l:iSllS mafJte
3-59
R9"', mFtasr etIeRs arB ReseSBaf)' te ae\'elep men spe9ifis fair saare pelieies
'yitaiR ~an DiegB Ce\l~' te slar-if?' sElyitaele fasili~' sitiRg ana etHer U!a6te
lJlanag9Hleat T9speRsieilitiB& aHleRg tHe RegiBR's jwisaistieRf:. ~1isa pBlisie9
migHt alse take iRte seRsiaeratisR tae ~jJe aRa affieant ef ether regieRal
fasiIitiefJ te maisa a jHfisaistiBR is Rest.
The Ci~' :reQ8gRi~s its refJt:'eRsieiIi~' fer the lJlanagemeRt ef aB:?;aTaellfJ 'Naste,
ana taB Cg}Pl~{P'6 fair saare priRsit:'les, ana n:ill apply an iaterim fair saare
S8RSBt:'t iR the leGal FBgRlateF)' t:'rBsBss fer aa2MQ8Y& v:aste fasilitie& v,~isa
aaaresses tae Ci~"s iRY9lu9meat iR aR aIReY-Rt prBt:'BftieRat9 t9 '~:aste
geRefatea y:itHiR the City, ana a J'ilaflBRaele fair saare ef 9~:eFal1 ReeBs mitHiR
~aR Diege CeYRt~', The Ci~"s iRteRt ifJ t9 rBsagHii2!B etaer sBlJlmY-Rities' RS8BS
te assept r9~paRsiBili~' fur, ana/ar site, an eElyitaele saare BfReeaes fasilities,
est:'esiall~' if tHe geRBrati9R Bf waste is Hem salHRumities maisa are Ret
asti':el~' l:IRs9FtakiRg efieRs te asaie\'e BR site trea1:lHeRt aRB 'l:astB
miBimizatiBR.
~~~iilllii,i~~~~l!i~i~i!J!JII~~!!j!T.i~
waste facilities;f tHe Cit' ,':ill seJuJiser tHe falle'yiRg iR tae fair saars
-
~!11l96~~r!!!~f#!!~!\i~i ....... ..... .... ........ ....... ............ ..... .... .... .... .... .... .. ..... .......
(HI
'it){
S;")'::,,,,:
~
(~)m
-
3-60
~
(4)
1_11~..I~II.lrl~.~tll~~~PRWWill~~ii
111~ir~1iBt_r~~~!1l@ffi]l1~&!W~!!!!!!fWj~ltll~~imj~1W!
1)
~)
The proponent shall identify the location of waste sources,
and the respective volumes of the particular waste strearn(s}i
!~~!fa~!~!~~.r~~\f!!'~ln~:~n:a~~o~:
specifically known at the tillle"fapplication, as well as those
estimated in the future. The Cit~, saell a)S9 T8'1HiFB tits
JHBJ3BRBRt t9 SHBlHit Elata ",:itA respest let sallRt)' wiele "'aste
ReeGS, e1:istiRg faBi1it~' safJBsities, ana iRterg9\'BAHHeRtal
agFeemBRts, &9 as 18 pTsHiaa a BBffi}31etB BBHlfHtfati\'e BBE:8.
r~'~~!"!I~llll&il~JII'~II~il![I.1
€~
~----
.---
;!.f)
~:,::.;~~!!;~:~ !'I;It..?~~:IU:;e:;
necessary to ensure the economicfo..i"li1~' ti~ll!!!]>: of the
proposed facility.
3-6\
~.~
In addition, the City will !!i~y survey the efforts put forth by the communities
.~g_ii\m;i;~j!:~~il:'~~c:~~:~r I!!#!~!!!!t'~~~
through P!fu#\lt!*~ on-site treatment and waste minimization. t.olmi~u.s. Based
on an arialysiso{!IHG mM!!1l!iji~m!\\lW4!i'if4t!ffi!Upij eatli, oBBsieeRBg v....t.
geR9Fatelil BY tHe Ci~', .8t~.er "~.9Qill..tj~;"C.9RiiBliiilties, the TeHlaHuleT sf ~aR
Qiege C8'dR~', ana etHer jUfisaiGtiQR!i swiGS the RegieR, the City shall
identify any concerns with respect to fair share concepts, and as appropriate
shall require mitigation through conditions of use limiting the volumes or types
of wastes IJ:Miili received, and/or by requiring compensation/incentive programs
to be established.
Processing and Permitting
Application of the various policies and criteria to the review of hazardous
waste facility proposals, and the necessary coordination for such proposals
with involved Federal, State and Regional agencies, requires the establishment
of specific implementation measures. A subsequent implementing ordinance(s)
shall be prepared which will set forth all applicable procedural requirements
including, but not limited to, jlf8-lIpplication processes, submittal requirements
for environmental reviews, risk assessments and conditional use permits,
coordination and involvement of State and local agencies and the Local
Assessment Committee, facility operational controls such as emergency
contingency plans and monitoring programs, and local enforcement provisions.
5.6 SCHOOL DEVELOPMENT POLICIES
In 1987, with the passage of Assembly Bill 2926, the State of California
declared the issue of new school construction to be of statewide concern. That
legislation authorized school districts to collect fees as a prerequisite for
residential and commercial/industrial development. Fee collection of up to
$1.50 per square foot of habitable area for residential development and $0.25
per square foot of new commercial/industrial development was approved. The
levy may be increased annually to accommodate inflation if authorized by the
State of California State Allocation Board.
Fees collected pursuant to AB 2926 may only be used to provide temporary
facilities and/or service the matching funds requirement should the district
participate in the Leroy Green Lease-Purchase School Facilities Program.
Additional revenue generating mechanisms, including financing for permanent
facilities are:
I. General Obligation Bonds
2. Mello-Roos Community Facilities Districts
3. Certificates of Participation
3-62
4. District's share of Redevelopment Funds
5. Sale of Surplus Land
6. Developer fee programs.
All new school related development must be approved by the State of
California Office of State Architect prior to construction. To facilitate
approval at the state level, the school districts use the following criteria:
1. The new senior high schools shall be constructed to
accommodate approximately 2,400 students and shall be
designed to allow for a four-year curriculum.
2. New junior high/middle schools shall be constructed to
accommodate approximately 1,400 students.
3. New elementary schools shall be constructed to accommodate
approximately 650 students.
4. A senior high school shall consist of at least 50 usable acres;
a junior high/middle school site; 20 usable acres. The
acreages may be reduced to encourage the joint use of
community parks where appropriate.
5. An elementary school site shall consist of at least 10 usable
acres. The district encourages joint use with parks where
appropriate.
6. School sites shall be located in proximity to major arterials,
and primary ingress and egress to the site shall be controlled
by a signalized intersection.
7. The proposed land uses adjacent to a school site shall be
planned in such a manner as to minimize noise impacts and
maximize harmonious development between the two uses.
8. To further community development and enhance the quality
of life, schools should be centrally located in residential
neighborhoods in order to best serve the majority of the
student population.
9. School development is subject to the California
Environmental Quality Act (CEQA). Therefore, prior to
accepting the dedication of a school site, the district will
require an examination of the existing environmental
conditions (seismology and geology, etc.) to determine its
adequacy.
5.7 LIBRARY DEVELOPMENT POLICIES
In order to serve the public in the most effective and efficient manner the
selection of new library sites should be based on the following criteria:
3-63
I. Proximity to Community Activity Centers or neighborhood
retail centers.
2. High visibility from the streets providing access.
3. Primary ingress and egress to the site controlled by a
signalized intersection or other adequate vehicular control.
4. Compatibility with the surrounding neighborhood character.
5. Minimum displacement of existing residents and businesses.
6. Minimum costs.
In addition, site should be of sufficient size, shape and topography to provide
for the development of a library facility that will meet the following criteria:
I. One level structure of the required size to meet the service
standards.
2. Public and staff parking in accordance with City standards.
3. Adequate allowances for landscaping and building setbacks
requirements.
The planning and design for the library buildings should be in accordance with
the following guidelines.
1. Library space of .5 to .7 gross square feet per resident.
2. Three books per capita, plus spoken word audio cassettes,
video cassettes and compact disks.
6. REFERENCES
The following reports artd studies were used in the preparation of the Public
Facilities Element:
1. P&D Technologies. Chula Vista General Plan, Land Use Element.
2. Otay Water District. Central Area Water Master Plan Update. March
1987.
3. Sweetwater Authority. Water Master Plan Update, November 1985.
4. Engineering-Science, Inc. Water Feasibility Study. May 1987.
5. Engineering-Science, Inc. Wastewater Feasibility Study. May 1987.
6. San Diego County Water Authority. Water Market Assessment.
3-64
September 1988.
7. Lawrence, Fogg, Florer and Smith. Drainage Master Plan Report.
1964.
8. Leedshill-Herkenboff, Inc. Drainage and Flood Control Summary
Report. August 1987.
9. County of San Diego, Division of Solid Waste. Regional Solid Waste
Management Plan. 1986.
10. Engineering-Science, Inc. Solid and Hazardous Waste Control
Feasibility Study. May 1987.
I I. County of San Diego, Division of Hazardous Waste. Hazardous
Waste Management Plan. May 1989.
3-65
;'XNII&IT C
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTIONS
19.04.107 AND 19.58.178 TO, AND AMENDING SECTIONS 19.14.070,
19.42.040,19.44.040, AND 19.46.040 OF, THE CHULA VISTA MUNICIPAL
CODE TO ESTABLISH DEFINITIONS, REQUIREMENTS AND
PROCEDURES FOR THE REVIEW AND APPROVAL OF CONDITIONAL
USE PERMITS FOR HAZARDOUS WASTE FACILITIES.
WHEREAS, on June 30, 1992, the City Council adopted amendments to the Public
Facilities Element of the City General Plan incorporating provisions related to the management
of hazardous wastes, and the siting and permitting of hazardous waste facilities as required by
State law (Resolution No. 16794); and
WHEREAS, on February 23, 1993, the City Council adopted additional amendments to
the Public Facilities Element of the City General Plan to refine and clarify certain aspects of the
aforementioned June 30, 1992 amendments (Resolution No. ~; and
WHEREAS, in order to fully implement the provisions of the amended Public Facilities
Element it is necessary to amend the City's Zoning Ordinance, and staff was directed by the City
Council to complete said ordinance amendments; and
WHEREAS, the Zoning Ordinance amendments define hazardous waste facilities as
conditional uses in the City's industrial zone classifications, provided that the facility is also
located within one of the "general areas" designated in the General Plan Public Facilities
Element as an area appropriate for the consideration of such facilities; and
WHEREAS, the amendments establish a specific review procedure for hazardous waste
facility conditional use permit applications consistent with State law; and
WHEREAS, in addition to the normal findings required for a conditional use permit, the
amendments would require the Planning Commission and City Council to fmd that the proposed
facility complies with the "General Areas" policies, siting criteria, and "fair share" principles
of Section 5.5 of the General Plan Public Facilities Element, and with the County of San Diego
Hazardous Waste Management Plan; and
WHEREAS, the amendments provide for a public hearing before both the Planning
Commission and City Council, with the Planning Commission action forming a recommendation
rather than a decision subject to appeal; and
WHEREAS, the Environmental Review Coordinator has determined that the amendments
will result in no significant impacts upon the environment, and has issued a Negative Declaration
under IS-93-14; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
Ordinance No._
Page 2
proposed amendments on December 16, 1992, and a continuation hearing on January 13, 1993,
and recommended that the City Council introduce for fIrst reading the proposed ordinance
amendments; and
WHEREAS, the City Council held a duly noticed public hearing on the proposed Zoning
Ordinance Amendments on February 23, 1993.
NOW THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 19.04.107 is hereby added to the Chula Vista Municipal Code
to read as follows:
Chapter 19.04
DEFINITIONS
19.04.107 Hazardous Waste Facilitv
A "Hazardous Waste Facilitv" means. as aoolicable. a hazardous waste facility oroiect.
soecifIed hazardous waste facilitv. soecifIed hazardous waste facility oroiect. or land disoosal
facility as defined in Section 25199.1 of the California Health and Safety Code. and shall include
any structures. other aoourtenances. and imorovements on the land. and all contilruous land.
used for the treatment. transfer. storage. resource recovery. disoosal. or recycling of hazardous
waste.
SECTION II: That Section 19.14.070 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.14
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCES
19.14.070 Conditional use permit-Application-Fee-Public hearing.
A. Applications for conditional use permits or modifications thereto shall be made to the
Planning Commission in writing on a form prescribed by the Planning Commission and shall be
accompanied by plans and data suffIcient to show the detail of the proposed use or building.
The application shall be accompanied by a fee as presently designated, or as may in the future
be amended, in the master fee schedule. The director of planning shall cause the matter to be
set for hearing in the same manner as required for setting zoning matters for hearing. The
director of planning or the Planning Commission shall have the discretion to include in the notice
of the hearing on such application notice that the planning commission will consider
classific~tions of other than that for which application is made an/or additional properties and/or
uses.
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In those cases where the application conforms to the requirements of Section 19.14.030A, the
application shall be directed to the zoning administrator.
B. In the case of hazardous waste facilities as defined in Section 19.04.107. applications for
conditional use permits or modifications thereto shall be made pursuant to Section 19.58.178.
and shall be considered bv the Planning Commission with a recommendation to be forwarded
to the City Council for final review and action. The reauirements of Section 19.14.090 shall
applv to both the Planning Commission recommendation and the City Council resolution with
the following modifications:
L The written findings. in addition to the reauirements of Section 19.14.080. shall address
those matters as set forth in Section 19.58.178K.
L The decision of the Planning Commission shall constitute a recommendation onlv. and
shall not become [mal or subiect to appeal as provided in Sections 19.14.100 to
19.14.130.
1. The City Council's decision shaH be considered final. and the City Clerk shall transmit
a CoPY of the resolution as provided bv Section 19.14.130.
SECTION III: That Section 19.42.040 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.42
I-R - RESEARCH INDUSTRIAL ZONE
19.42.040 Conditional uses
Conditional uses permitted in an I-R zone include:
A. Retail commercial uses necessary to serve the I-R zone;
B. Manufacture of pharmaceuticals, drugs and the like;
C. Building height in excess of three and one-half stories or forty-five feet;
D. Unclassified uses, as set forth in Chapter 19.54.
E. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
Ordinance No._
Page 4
F. Recycling collection centers, subject to the provisions of Section 13.58.340.
G. Hazardous waste facilities. subiect to the provisions of Section 19.58.178
SECTION IV: That Section 19.44.040 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.44
I-L - LIMITED INDUSTRIAL ZONE
19.44.040 Conditional uses
Conditional uses permitted in an I-L zone include:
A. Machine shop and sheet metal shop;
B. Service stations, subject to the conditions in Section 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions of Section 19.58.120;
F. Major auto repair, engine rebuilding and paint shops;
G. Commercial parking lots and garages;
H. Plastic and other synthetics manufacturing;
I. Building heights exceeding three and one-half stories or forty-five feet;
J. Unclassified uses as set forth in Chapter 19.54;
K. Trucking yards, terminals and distributing operations;
L. The retail sale of such bulky items as furniture, carpets and other similar items;
M. ~etail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale
Ordinance No._
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of goods and, retail uses which are related to and supportive of existing, on-site retail
distribution centers of manufacturers' outlets. Conditional use permit applications for the
establishment of retail commercial uses, covered by the provisions of this subsection,
shall be considered by the city council subsequent to its receipt of recommendations
thereon from the planning commission.
N. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
O. Recycling collection centers, subject to the provisions of Section 19.58.340.
P. Hazardous waste facilities. subiect to the provisions of Section 19.58.178.
SECTION V: That Section 19.46.040 of the Chula Vista Municipal Code is hereby
amended to read as follows:
Chapter 19.46
I - GENERAL INDUSTRIAL ZONE
19.46.040 Conditional uses
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subject to the provisions of Sections 19.58.280;
D. The retail sale of such bulky items as furniture, carpets and other similar items;
E. Retail distribution centers and manufacturers' outlets which require extensive floor areas
for the storage and display of merchandise, and the high-volume, warehouse-type sale
of goods and, retail uses which are related to, and supportive of existing, on-site retail
distribution centers or manufacturers' outlets. Conditional use permit applications for
the establishment of retail commercial uses, covered by the provisions of this subsection,
shall be considered by the city council subsequent to its receipt of recommendations
thereon from the planning commission;
F. The following uses covered by this subsection, shall be considered by the city council
sllbsequent to its receipt of recommendations thereon from the planning commission:
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Ordinance No._
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1.
Brewing or distilling of liquor, or perfume manufacture,
2.
Meat packing,
3.
Large scale bleaching, cleaning and dyeing establishments,
4.
Railroad yards and freight stations,
5.
Forges and foundries,
6.
Automobile salvage and wrecking operations, and industrial metal and waste rag,
glass or paper salvage operations; provided, that all operations are conducted
within a solid screen not less than eight feet high, and that materials stored are
not piled higher than said screen;
G. Any other use which is determined by the commission to be of the same general
character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54.
I. Roof-mounted satellite dishes subject to the standards set forth in Section 19.30.040.
J. Recycling collection centers, subject to the provisions of Section 19.58.340.
K. Hazardous waste facilities. subiect to the Drovisions of Section 19.58.178
SECTION VI: That Section 19.58.178 is ,hereby added to the Chula Vista Municipal
Code to read as follows:
Chapter 19.58
USES
19.58.178 Hazardous waste facilities
A hazardous waste facilitv as defined in Section 19.04.107 of this title mav be considered for
Dermittim! onlv within an industrial zone which is also located within a "General Area" identified
in Section 5.5 of the Public Facilities Element of the General Plan as an area aDDrooriate for the
acceDtance and consideration of an aDDlication for such a facilitv. A hazardous waste facility
mav be allowed within a location as indicated above UDon the issuance of a conditional use
oermit. subiect to the following standards and l!Uidelines:
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A.
PURPOSE AND INTENT
It is the intent of this section to establish and clarify local requirements and orocedures
for the review and aooroval of conditional use permit aoolications for a hazardous waste
facility. consistent with the provisions of Section 25199 et seq. of the California Health
and Safety Code (Tanner Act). and with the obiectives. oolicies. and criteria of the
Public Facilities Element of the City General Plan rel!ardinl! hazardous waste
manal!ement olanninl!. and the sitinl! and oermittinl! of hazardous waste facilities.
B. APPLICABILITY
Anv conditional use oermit I!ranted for a hazardous waste facility oursuant to Sections
19.14.070 throul!h .130 shall comolv with the aoolicable orovisions of this section which
are suoolementarv to. and in the event of conflict shall suoersede the rel!ulations set forth
in Sections 19.14.070 throul!h .130. Subsections D. E. F. G. H. I. J. and K of this
section shall aoolv to all hazardous waste facilities as defined in Section 19.04.107. and.
as herein defined.
C. DEFINITIONS
.L. "Hazardous waste" shall mean a waste. or combination of wastes. which because
of its quantitv. concentration. or ohvsical. chemical. or infectious characteristics
may either:
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Cause or sil!nificantlv contribute to an increase in mortality or an increase
in serious irreversible. or incaoacitatinl! reversible. illness.
b.
Pose a substantial present or ootential hazard to human health or the
.
environment when imorooerlv treated. stored. transoorted. disoosed of. or
otherwise manal!ed.
In addition. hazardous waste shall include the followinl!:
~ Anv waste identified as a hazardous waste bv the State Deoartment of
Toxic Substances Control.
b. Anv waste identified as a hazardous waste under the Resource
Conservation Recoverv Act. as amended. 42 U.S.C. Illl 6901 et seq. and
any rel!Ulations oromull!ated thereunder.
!<." Extremelv or acutely hazardous waste. which includes any hazardous
waste or mixture of hazardous wastes which. if human exoosure should
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Ordinance No._
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occur. mav likely result in death. disabling personal iniury or serious
illness caused bv the hazardous waste or mixture of hazardous wastes
because of its auantity. concentration. or chemical characteristics.
2. "Hazardous waste facility" means any facility used for the storage. transfer.
treatment. recycling. and/or disoosal of hazardous wastes or associated residuals
as dermed in Section 19.04.107.
.1. "Land use decision" shall mean a discretionary decision of the City concerning
a hazardous waste facility oroiect. including the issuance of a land use permit or
a conditional use oermit. the granting of a variance. the subdivision of orooerty.
or the modification of existing orooerty lines pursuant to Title 7 (commencing
with Section 65000) of the California Government Code.
D. NOTICE OF INTENT TO APPLY: APPLICATION FOR A LAND USE DECISION:
COMPLETENESS OF APPLICATION
.L.
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.1.
Pursuant to the provisions of State Health and Safety Code Section 25199.7(a)
and (b). at least ninety (90) days before filing an aoolication for a conditional use
permit for a hazardous waste facilitv. the aoolicant shall file with the Planning
Deoartment and with the Office of Permit Assistance in the State Office of
Planning and Research. a Notice of Intent ("N.O.1. ") to make the aoolication.
The N.O.1. shall be on such form as aooroved bv the Director of Planning. and
shall soecify the oroiect location to which it aoolies. and contain a complete
descriotion of the nature. function. and scooe of the oroiect.
The Planning Deoartment shall provide public notice of the aoolicant's intent to
aoolv for a conditional use oermit. Dursuant to the noticing procedure in Section
19.12.070. and bv oosting notices in the location where the prooosed project is
located.
Costs incurred bv the City in orocessing said public notice shall be paid bv the
oroiect proponent through establishment of a deoosit account for such ourooses
with the Planning Deoartment at the time the N .0.1. is filed.
4.
The N.O.1. shall remain in effect for one year from the date it is filed. unless it
is withdrawn bv the orooonent. However. a N.O.1. is not transferable to a
location other than that soecified in the N.O.1.. and in such instance the
proponent proposes to change the project location. a new N.O.1. shall be
oreoared. and the orocedure shall begin again for the new location.
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6.
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Within 30 days of the filinl! of the N.O.1.. the aoolicant shall schedule a
ore-aoolication conference with the Planninl! Deoartment to be held not later than
45 days thereafter. at which the apolicant and the Planninl! Deoartment shall
discuss information and materials necessary to evaluate the aoolication. Within
30 days after this meetinl!. the Director of Planninl! shall inform the aoolicant.
in writinl!. of all submittals necessary in order to deem the conditional use oermit
application comolete.
The apolicant may not file an aoolication for a conditional use oermit unless the
apolicant has first comolied with the above items. and oresented the reCluired
aoolication fee. Furthermore. said aoolication shall not be considered and acted
uoon until it is deemed comolete as orovided bv Section 19.14.070. and until all
materials necessary to evaluate the aoolication as set forth bv the Director of
Planninl! oursuant to Item 5 above have been received and acceoted as to content.
An aoolication is not deemed to be comolete until the Planninl! Deoartment
notifies the aoolicant. in writinl!. that the aoolication is comolete. Said
notification of comoleteness. or incomoleteness. shall be orovided within 30 days
of the aoolication submittal. or resubmittal as aoolicable. After an aoolication is
determined to be comolete. the Planninl! Deoartment may request additional
information where necessary to clarifv. modifv. or suoolement oreviouslv
submitted materials. or where resultinl! from conditions which were not known.
and could not reasonably have been known at the time the aoolication was
received.
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The Planninl! Deoartment shall notify the Office of Permit Assistance in the State
Office of Planninl! and Research within ten (10) days after an aoolication for a
conditional use oermit is acceoted as comolete bv the Planninl! Deoartment.
E. PRE-APPLICATION PUBLIC MEETING
.L. Within ninety (90) days after a Notice of Intent is filed with the Planninl!
Deoartment and Office of Permit Assistance in the State Office of Planninl! and
Research oursuant to subsection D.l. the Office of Permit Assistance will. in
coooeration with the Planninl! Deoartment. convene a oublic meetinl! ("Pre-
Apolication Meetinl!") in the City of Chula Vista for the exoress ouroose of
informinl! the oublic on the nature. function. and scooe of the oroposed oroiect
and the orocedures that are reCluired for aoorovinl! aoolications for the oroiect.
2. The City shall arranl!e a meetinl! location in a oublic facility near the orooosed
oroiect site. and shall l!ive notice of said meetinl! oursuant to the noticinl!
orocedures in Section 19.12.070 and bv oostinl! at the orooosed oroiect site.
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Ordinance No._
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1,.
All affected agencies. including but not limited to the State De{lartment of Health
Services/Toxic Substance Control Program. Regional Water Duality Control
Board. County Deoartment of Health Services- Hazardous Materials Management
Division. and the Air Pollution Control District. shall send a reoresentative who
will exolain to the oublic their agencv's procedures for aooroving permit
aoolications for the oroiect. and outline the oublic' s oooortunities for review and
comment on those aoolications.
F. LOCAL ASSESSMENT COMMITTEE: FORMATION AND ROLE
.L At anv time after filing of the N.O.!.. but not later than 30 davs after an
aoolication for a land use decision has been acceoted as complete. the Citv
Council shall aoooint a seven member Local Assessment Committee ("LAC") to
advise the Citv in considering the hazardous waste facilitv orooosal.
~ The membership of the LAC shall be broadlv constituted to reflect the makeuo
of the Citv. and shall include three reoresentatives of the Citv at large. two
reoresentatives of environmental or public interest grouos. and two reoresentatives
of affected businesses and industries. Members of the LAC shall have no direct
financial interest. as defined in Section 87103 of the California Government
Code. in the proposed oroiect.
1,. The LAC is solelv an advisorY committee. and is not emoowered with anv
decision making authoritv relative to the orooosed oroiect. nor with the legal
standing to assert soecific oroiect conditions. Rather. the LAC provides a
mechanism for direct inout on matters of concern to the general public into the
environmental review process. and presents the oooortunitv for framing auestions
that should be addressed in that orocess. as well as in seeing that these auestions
are addressed as earlv in the oroces.s as oossible.
4. As such. the LAC shall. within the time period orescribed bv the Citv Council.
advise the Citv of the terms and conditions under which the proposed hazardous
waste facilitv project mav be acceotable to the community. as follows:
lh Adoot rules and procedures which are necessarY to perform its duties.
!h Enter into a dialogue with the oroiect proponent to reach an understanding
on:
ill the suggested terms. orovisions and conditions for project aooroval
and facilitv ooeration which would ensure orotection of public
health. safety and welfare. and the environment of the City of
Chula Vista and adiacent communities. and
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Ordinance No._
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ill
the soecial benefits and remuneration the orooonent will orovide
the City as comoensation for all local costs and imoacts associated
with the facility and its ooeration. Such discussions shall address
"fair share" conceots as set forth in Section 5.5 of the General
Plan Public Facilities Element. including the consideration of
establishing inter-governmental agreements. and/or other
comoensation and incentive orograms.
Said dialogue shall be resoonsive to the issues and concerns identified at
the meeting described in subsection G .1.
!<" With regard to subsection 'b.' above. any resulting orooosed mitigation
measures not already defined in the environmental review or oermitting
process would be subiect to the negotiation orocess with the orooonent.
with the negotiation results forwarded as recommended terms of aooroval
to the Planning Commission and City Council.
d. Reoresent generallv. in meetings with the oroiect aoolicant. the interest of
the residents of the City of Chula Vista and the interests of adiacent
communities. as orincioallv made known through the Post-Aoolication
Meeting.
!<." Receive and exoend. subiect to the aooroval of the City Manager and
authorization of the City Council. any technical assistance grants made
available as described in Subsection J.
f. Advise the Planning: Deoartment. Planning Commission. and the City
Council of the terms. orovisions. and conditions for oroiect aooroval
which have been successfully negotiated bv the committee and the
orooonent. and any additional information which the committee deems
aporooriate. The Planning Deoartment. Planning Commission. and City
Council may use this advice for their indeoendent consideration of the
oroiect.
~ The City shall allocate staff resources to assist the LAC in oerforming its duties.
and the oroiect orooonent shall be resoonsible to Day the City's costs in
establishing. convening. and staffmg the LAC. through establishment of a deoosit
account for such ourooses with the Planning Deoartment at the time of filing an
aoolication for a land use decision.
Q.." The LAC shall cease to exist after final administrative action bv state and local
agencies has been taken on the oermit aoolications for the oroiect for which the
Committee was convened.
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G.
NOTICE OF PERMIT APPUCATION: POST-APPUCATION MEETING
.L. Within sixty (60) davs after receivimz the notice of a comDlete aDDlication as
reQuired bv subsection D.8. the Office of Permit Assistance in the State Office
of Planning and Research will convene a ("Post-ADDlication Meeting") in the City
of Chula Vista of the lead and resDonsible agencies for the Droiect. the DrODonent.
the LAC. and the interested Dublic for the Duroose of determining the issues
which concern the agencies that are reQuired to aDDrove the {lroiect. and the
issues which concern the Dublic. The Planning DeDartment shall Drovide notice
to the Dublic of the date. time. and Dlace of the meeting.
b. The issues of concern raised at the Post-AQplication Meeting must include all
environmental and Dermitting issues which will need to be addressed in the
environmental document to ensure the document's adeQuacv in supporting the
actions of all Dermitting and resDonsible agencies for the Droiect.
.1. The Post-ADDlication Meeting should be held as soon as an environmental initial
studv or notice of DreDaration is available for review and comment. so that
adeQuate oDDortunitv is Drovided for meeting inDut to be emDloved in the scoDing
of subseQuent environmental review activities.
H. ENVIRONMENTAL AND HEALTH RISK ASSESSMENTS
.L. All hazardous waste facility DroDosals shall be reQuired to undergo an
environmental review and health risk assessment regardless of facilitv tVDe. size.
or Droximitv to DODulations or immobile DODulations.
b. As hazardous waste facilities mav varv greatlv in their Dotential Dublic health and
safetv. and environmental risks. the deDth and breadth of environmental review
and health risk assessments must be tailored on a case-bv-case basis.
.1. The environmental review and health risk assessment shall serve as the Drimarv
vehicles for identifying community and involved agencv concerns. and Droviding
data to be used bv the LAC and the City in negotiating Droiect conditions. As
such. within 30 davs following the Post-ADDlication Meeting. the Citv shall:
Jh create an ad-hoc technical committee to advise the Citv and the LAC on
technical issues regarding the scoDing and DreDaration of the
environmental review and health risk assessment. The membershiD should
consist of staff from each of the involved Dermitting or resDonsible
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Ordinance No._
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al!encies. an eoidemiolol!ist. a toxicolol!ist. and anv other technical exoerts
deemed necessarv or desirable.
b. convene a meetinl! of involved City staff. the environmental document
oreoarer. the LAC. ad-hoc technical committee. and the Droiect yrooonent
to establish the scooe and content for the environmental document and
health risk assessment. and the need for anv other technical studies. The
Citv Council shall review the meetinl! outcome. and aODrove a final scooe
for the environmental review and health risk assessment orior to the
commencement of work.
4. A traffic/transoortation studv shall be reQuired as Dart of the environmental
review for all hazardous waste facility orooosals. and at minimum shall account
for all factors addressed under the Safe Transoortation sitinl! criteria contained in
Section 5.5 of the Public Facilities Element of the Citv General Plan.
~ Uoon selection of a reasonable ranl!e of oroiect alternatives under the California
Environmental Oualitv Act. Public Resources Code Sections 21000 et seQ.. the
Citv. uoon the advice of the LAC and ad-hoc technical committee. shall establish
a oreferred hierarchv amonl! those alternatives for the ouroose of determininl! the
level of Qualitative and Quantitative analvsis that should be oerformed for the
health risk assessment on those alternatives. In determininl! this oreferred
hierarchv and associated level of health risk assessment. consideration shall be
l!iven to the relative feasibility of each alternative to attain the stated oroiect
obiectives. and the relative merits of each alternative.
Q,. The health risk assessment shall serve as an evaluative and decision-makinl! tool.
and shall not be construed as orovidinl! definitive answers rel!ardinl! facility
sitinl!.
L The ad-hoc technical committee shall remain in tact to assist. as reQuested. the
Citv and the LAC in the evaluation of the final health risk assessment and anv
technical studies to determine acceotable levels of risk. and/or to determine the
extent and tvoe of related conditions and mitil!ation measures which should be
aoolied to the oroiect.
JL The LAC shall not finalize its recommendations for forwardinl! for Planninl!
Commission and City Council consideration until after the oublic review oeriod
for the draft environmental document has closed. and the LAC has had sufficient
time to review anv comments received.
2.. Anv costs associated to the formation or work of the ad-hoc technical committee.
in addition to anv other consultant<s) the LAC deems necessarv. includinl! costs
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Ordinance No._
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incurred in the nrenaration of any technical studies. shall be naid for through
technical assistance grants as described in subsection J.
L. INITIAL CONSISTENCY DETERMINATION
L At the reQuest of the annlicant. the City Council shall. within sixty (60) days after
the Planning Denartment has determined that an annlication for a conditional use
permit is comnlete and after a noticed nublic hearing. issue an initial written
determination on whether the Dfonosed nroiect is consistent with both of the
following:
lh The annlicable provisions of the City General Plan and Zoning Ordinances
in effect at the time the annlication was accented as comnlete.
b. The county hazardous waste management nlan authorized bv Article 3.5
(commencing with Section 25135) of the California Health and Safety
Code. if such nlan is in effect at the time of annlication.
2. The Planning Denartment shall send to the annlicant a conv of the written
determination made nursuant to item 1 above.
:
J.,. The determination reQuired bv item 1 above does not nrohibit the City from
making a different determination when the final decision to anDfove or deny the
conditional use nermit is made. if the final determination is based on information
which was not considered at the time the initial determination was made.
L. TECHNICAL ASSISTANCE GRANTS: LOCAL ASSESSMENT COMMITTEE
NEGOTIATIONS
L Following the Post-Annlication Meeting. the LAC and the Dfononent shall meet
and confer on the nroiect nronosal nursuant to the nrovisions of subsection F.
b Given that the rules. rel!Ulations. and conditions relative to hazardous waste
facilitv nrojects are extremelv technical in nature. as are the associated
assessments of notential nublic health and environmental risks. the LAC may fmd
that it reQuires assistance and indenendent advise to adeQuatelv review a Dfonosed
project and make recommendations. In such instance. the LAC may reQuest
technical assistance grants from the City to enable the hiring of a consultant( s) to
do anv. or all. of the following:
lh assist the LAC in the review and evaluation of the Dfoject annlication.
environmental documents. technical studies. and/or any other documents.
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materials and information reQuired in connection with the project
aoolication.
b. interoret th.e ootential public health and safety and environmental risks
associated with the project. and help to define acceotable miti!!ation
measures to substantially minimize or eliminate those risks.
c. advise the LAC in its meetings and discussions with the proponent to seek
agreement on the terms and conditions under which the project will be
acceotable to the communitv.
~ The proponent shall be reQuired to Day a fee equal to the amount of any technical
assistance grant authorized for the LAC. Said fee(s) shall be paid to the City.
and deoosited in an account to be used exclusively for the ourooses set forth in
subsection J.2.
4. If the local assessment committee and the aoolicant cannot resolve any differences
through the meetings. the Office of Permit Assistance in the State Office of
Planning and Research may be called uoon to mediate disoutes.
~ The proponent shall Day one-half of the costs of any mediation process which may
be recommended or undertaken bv the Office of Permit Assistance in the State
Office of Planning and Research. The remaining costs will be oaid. uoon
aoorooriation bv the legislature. from the State General Fund.
K. ADDITIONAL FINDINGS REOUIRED FOR HAZARDOUS WASTE FACILITIES
Before any conditional use oermit for a hazardous waste facility may be granted or
modified. in addition to the findings reQuired bv Section 19.14.080. it shall be found that
the proposed facility is in comoliance with'the following:
1." The "General Areas" policies of Section 5.5 of the Public Facilities Element of
the City General Plan.
b. The "siting criteria" as set forth in Section 5.5 of the Public Facilities Element
of the City General Plan.
~ The "fair share" principles established in Section 5.5 of the Public Facilities
Element of the City General Plan
4. The County of San Diego Hazardous Waste Management Plan.
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Ordinance No.
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SECTION VII: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
(F:\home\planning\hwmp.a.ord)
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of
negative
declaration
-
PROJECT NAME: Hazardous Waste Management Plan Implementing
Ordinance and Amendments to the Public
Facilities Element of the Chula Vista General
Plan
P~OJECT LOCATION: City-wide
PROJECT APPLICANT: City of Chula Vista
CASE NUMBER: IS 93-14
A. Proiect Settina
The proposed Hazardous Waste Management Plan Implementing
Ordinance and amendments to the Public Facilities Element of
the Chula Vista. General Plan w01.lld be applied city-wide,
therefore there is no specific site within the city which
corresponds to the proposed project.
B. Proiect Descriotion
The proposed project consists of the Hazardous Waste
Management . Plan Implementing Ordinance and associated
revisions to the recently amended Public Facilities Element of
the Chula Vista General Plan. These proposed amendments to
the City's Zoning ordinance, and the Chula Vista General Plan,
incorporate provisions for the management of hazardous waste,
and the siting and permitting of hazardous waste facilities,
as required by State Law. These amendments are intended to
comprise the City's policy and regulatory provisions regarding
hazardous waste management and hazardous waste facilities.
C. comoatibilitv with Zonina and Plans
The proposed project consists of amendments to. the Public
Facilities Element of the General Plan to clarify previously
adopted hazardous waste policies, and Zoning Ordinance
amendments to establish a conditional Use Permit process to
implement the General Plan's provisions pertaining to the
siting and permitting of proposed hazardous waste facilities.
Implementation of the proposed amendments (which constitute
the project), city-wide, will ensure that hazardous wastes are
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properly managed, and that proposed hazardous waste facilities
are safely sited and compatible with underlying land use
designations and zoning, as well as with surrounding land
uses.
D. Comoliance with Threshold/Standards ~0licies
1. Fire/EMS
The Threshold Standards require that fire and medical
units must be able to respond to calls within 7 minutes
or less in 85% of the cases and within 5 minutes or less
in 75% of the cases. The proposed project is exempt from
this Threshold Standard, as the project is comprised of
policy and regulatory provisions, and not a specific
development proposal for which a measure of Fire/EMS
response would otherwise apply.
2. Police
The Threshold Standards require that police units must
respond to 84% of the Priority I 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 is exempt from this Threshold Standards, as the
project is comprised of policy and regulatory provisions,
and not a specific development proposal for which a
measure of Police response would otherwise apply.
3. Traffic
The Threshold Standards require that all intersections
must operate at a Level of Service (LOS) "C" or better,
with the exception that Level of Service (LOS) "D" may
occur during the peak two hours of the day at signalized
intersections. Intersections west of 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 proj ect is
exempt from this Threshold Standards, 'as the proj ect is
comprised of policy and regulatory provisions, and not a
specific development proposal for which a measurement of
direct traffic impacts would apply.
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4.
Parks/Recreation
The Threshold Standards for Parks and Recreation is 3
acres/1, 000 population. The proposed project is exempt
from this Threshold Standards, as the project is
comprised of policy and regulatory provisions, and not a
specific development proposal for which a measurement of
parks and recreational impacts would apply.
5. Drainage
The Threshold Standards require that storm water flows
and volumes not exceed City Engineering Standards.
Individual projects will provided necessary improvements
consistent with the Drainage Master Plan (s) and City
Engineering Standards. The proposed project is exempt
from this Threshold Standard, as the project is comprised
of policy and regulatory provisions, and not a specific
development proposal for which a measurement of drainage
impacts would apply.
6. Sewer
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with Sewer Master Plan (s) and City Engineering
Standards. The proposed proj ect is exempt from this
Threshold Standard, as the project is comprised of policy
and regulatory provisions, and not a specific development
proposal for which a measurement of sewer impacts would
apply.
7. Water
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and construction. The
proposed project is exempt from th~s Threshold Standard,
as the project is comprised of policy and regulatory
provisions, and not a specific development proposal for
which a measurement of water,impacts would apply.
E. Identification of Environmental Effects
An initial study (IS 93-14) 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 (EIR) will not be required. A
Negative Declaration has been prepared in accordance with
Section 15070 of the State CEQA Guidelines.
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The following impacts have been determined to be less than
significant:
Land Use
Adoption of the Implementing Ordinance and amendments to the
Public Facilities Element of the City General Plan would not
create direct land use impacts. Together, the Implementing
Ordinance and General Plan amendments provide policy
clarification and direction regarding the planning, siting,
and permitting review of proposed hazardous waste facilities
and, therefore, do not relate to a specific geographic site or
project.
Indirect land use impacts associated with implementation of
the proposep project are the potential for future land use
compatibility impacts associated with the siting and operation
of hazardous waste facilities within the City. Indirect land
use compatibility impacts could occur between future, proposed
hazardous waste facilities and other types of land uses,
particularly sensitive receptors. Sensitive receptors include
residential land uses, as well as uses associated with
immobile populations, such as congregate care facilities,
schools, hospitals and jails which could not easily be
mobilized for evacuation in the event of upset conditions.
The amendments to the Public Facilities Element of the General
Plan clarify previously adopted hazardous waste policies
pertaining to the management of hazardous wastes, and the
siting and permitting of hazardous waste facilities within the
City. These policies will ensure that businesses using
hazardous materials will be properly screened, and that
proposed hazardous waste facilities are safely sited and
compatible with underlying land use designations and zoning,
as well as surrounding land uses.
The Implementing Ordinance establishes a process which would
ensure that potential land use impacts associated with
proposed facilities are considered and that the "General
Areas" policies, siting criteria and fair share principles of
the General Plan and the County Hazardous Waste management
Plan are complied with.
Therefore, through compliance with the cri~eria set forth in
the Public Facilities Element of the Chula Vista General Plan,
and adherence to the conditional use permit procedures
outlined in the Implementing Ordinance, the City will ensure
that potential land use impacts associated with future
applications for hazardous waste facilities are adequately
addressed and analyzed. Therefore, land use impacts are
deemed to be less than significant.
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5
Risk of Ueset
Potential risk of upset impacts could occur if hazardous waste
facilities are not appropriately sited relative to sensitive
receptors and immobile populations, and with respect to the
protection of environmental resources. Implementation of the
proposed project would reduce potential risk of upset impacts
caused by inadequate planning and siting of such facilities by
setting forth appropriate criteria for storage,
transportation, disposal, . and siting associated with hazardous
waste facilities and businesses generating such wastes.
Releases of hazardous materials or waste via air, land, or
water exposure pathways could occur during upset conditions,
such as an earthquake or other natural disaster. The
potential prevention of risk of upset impacts associated with
geotechnical conditions require compliance with federal,
state, and local agencies.
Locally, site feasibility and suitability issues are regulated
through compliance with the Uniform Building Code (UBC) , Chula
Vista Grading Ordinance, and Chula Vista Subdivision Ordinance
which requires that a geotechnical report be prepared prior to
any grading or development. Site feasibility and suitability
will be further addressed by the siting criteria contained in
the amended General Plan Public Facilities Element.
At the state level, releases to groundwater resources are
regulated by the Regional Water Quality Control Board (RWQCB) .
Suspected releases to groundwater would require site specific
analysis to determine appropriate mitigation and remediation.
In addition, site specific environmental review for any
proposed hazardous waste facility would be required pursuant
to the California Environmental Quality Act (CEQA) to address
potential risk of upset impacts on a case by case basis.
Risk of upset impacts could also occur through releases and
spills during the transport of hazardous waste or hazardous
materials to and from hazardous waste facilities, and the
businesses using such materials and generating such wastes.
Risk of upset impacts associated with traffic safety can be
mitigated by compliance with Federal, State, and local agency
routing requirements and other appropriate conditions of use.
Appropriate traffic safety standards are aiscussed further
under "Transportation/Circulation." These requirements shall
be ensured through the adoption of the Implementing Ordinance
and amendments to the General Plan.
The County of San Diego Hazardous Materials Management
Division (HMMD) mandates that emergency response plans be
Implemented for hazardous waste facilities. Presently,
emergency releases of. hazardous materials into the environment
--
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6
are handled jointly by the Chula Vista Fire Department and the
County Hazardous Materials Management Division (HMMD) through
a mutual aid agreement. The proposed project will require
intimate involvement of HMMD in the local management of
hazardous materials and wastes, and in the siting and
permitting of proposed hazardous waste facilities.
Implementation of the proposed project would reduce potential
risk of upset impacts by setting forth appropriate criteria
for the comprehensive management of hazardous materials and
wastes, the siting and permitting of hazardous waste
facilities, and the licensing review of businesses using such
materials and generating such wastes. With compliance to the
criteria established through the amendments to the Public
Facilities Element of the General Plan, and through processes
set forth in the Implementing Ordinance, as well as to
federal, state, and local regulatory criteria already in
place, risk of upset impacts are deemed to be below a level of
significance.
Transportation/Circulation
The transportation of hazardous waste is regulated by Federal
agencies, such as the U.S. Environmental Protection Agency
(EPA) and the U.S. Department of Transportation (DOT). State
and local laws require that producers, transporters, and
receivers of hazardous waste materials follow speciIic
monitoring and tracking procedures and enlist specific
emergency response systems in case of a hazardous material or
waste release during transport.
The State Department of Health Services (DHS) is in charge of
tracking hazardous waste through the State in accordance with
the Federal manifest system. DHS requires that transporters
have valid vehicle registration with their agency, and the
California Highway Patrol (CHP) annually inspects each vehicle
for compliance with the California Vehicle Code. The CHP also
determines whether the construction, design, equipment, and
safety features of the vehicles are in compliance with the
standards established by the DHS for the safe transportation
of hazardous wastes.
Federal routing regulations state that a v~hicle containing
reportable quantities of hazardous materials must be operated
over routes which do not traverse heavily populated areas,
places where crowds of people assemble, tunnels, narrow
streets, or alleys. State routing regulations specify that
transportation be limited to State or interstate highways
'offering the least overall transit time and that vehicles
t~ansporting hazardous materials may use highways providing
necessary access to local pickup or delivery points,
consistent with safe. vehicle operation. The CHP has the
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7
authority to determine
places and inspection
hazardous wastes.
routing requirements, safe stopping
stops for the transportation of
The Federal, State, and local regulations already in place
provide the regulatory framework for addressing potential
traffic safety impacts. Project-specific analysis should be
conducted for a proposed hazardous waste facility site,
however, to determine if the surrounding circulation network
can safely and adequately handle the potential traffic safety
impacts associated with the transport of hazardous waste.
As set forth in the proposed Implementing Ordinance and
amendments to the General Plan, a traffic study will be
required for any future, proposed hazardous waste facilities
in order to comprehensively address compliance with the
criteria established in the General Plan for the safe
transportation of wastes. By requiring compliance to the
criteria and process set forth by amendments to the Public
Facilities Element of the General Plan, and by the
Implementing Ordinance, as well as the existing federal, state
and local regulations already in place, future
transportation/circulation impacts associated with future
applications for hazardous waste facilities will be adequately
addressed and analyzed. Transportation/circulation impacts
are therefore, at this time, deemed to be below a level of
significance.
Public Services/Facilities
Because the proposed proj ect consists of policy and regulatory
provisions, and is therefore not site specific, it is
difficult to ascertain direct impacts to public services and
facilities, at this time. However, the Implementing Ordinance
and amendments to the Public Facilities Element of the General
Plan set forth criteria to ensure that potential, future
impacts to public services and facilities associated with
future applications for hazardous waste facilities are
addressed and analyzed.
Emergency situations associated with the release of hazardous
waste or materials into the environment require specially
trained personnel capable of containing. the release and
preventing human exposure, as well as releases into the
environment. The County Hazardous Materials Management
Division (HMMD) currently provides hazardous materials
emergency response capabilities to the City, in association
with a mutual aid agreement with the Chula Vista Fire
Department.
As such, impacts to public services and facilities 'within the
City and to special districts would be positive in that the
f"
B
establishment of planning and siting criteria would ensure
that hazardous waste facilities are located in areas where
adequate public services and facilities are available and are
capable of being provided in the future. Therefore, potential
public services and facilities impacts are deemed to be below
a level of significance.
Human Health
The criteria set forth in the amendments to the General Plan
Public Facilities Element and the Implementing Ordinance are
directed at ensuring the accountability of hazardous waste
facilities within the City, the encouragement of safe
treatment and disposal practices, and the promotion of waste
minimization. In addition, the proposed project will ensure
the adequate training of facility employees and safe work
practices. Therefore, potential human health impacts are
deemed to be below a level of significance.
F. Mitioation necessarv to avoid sionificant effects
The proposed project is not associated with any significant
environmental impacts, therefore no further mitigation is
necessary. with compliance to the criteria set forth in the
proposed Implementing Ordinance and amendments to the Public
Facilities Element of the General Plan, potential
environmental impacts will be below a level of significance.
G. Mandatory Findinos of Sionificance
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 environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a ~are or endangered
plant or animal, or eliminate important examples of the
major periods of california history or prehistory.
n
Implementation of the proposed project will ensure that
potential impacts to fish or wildlife species through an
accidental release of hazardous waste or materials will
be reduced through compliance with the Implementing
Ordinance and General Plan amendments, as well as the
federal, state" and local regulations. Therefore, the
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proposed project will not degrade the quality of the
environment, adversely affect fish or wildlife species,
or eliminate cultural or paleontological resources.
2. The project has the potential to achieve short-term
environmental goals to the disadvantage of long-term
environmental goals.
The proposed project will strengthen long-term
environmental goals associated with effective hazardous
waste management planning, and the appropriate siting,
permitting and operation of hazardous waste facilities,
through the establishment of local policies and criteria.
Therefore, both short-term and long-term environmental
goals will be maintained.
3. The project has possible effects which are individually
limited but cumulatively considerable. As used in the
subsection, ncumulatively considerablen means that the
incremental effects of an individual project are
considerable when viewed in connection with the effects
of past projects, the effects of other current projects,
and the effects of probable future projects.
The proposed project is not anticipated to have
cumulative impacts. Adoption of the Implementing
Ordinance and associated amendments to the Public
Facilities Element of the General Plan will provide
appropriate siting criteria to ensure that cumulative
hazardous waste management impacts are reduced to a level
below significance.
4. The environmental effects of a project will cause
substantial, adverse effects on human beings, either
directly or indirectly.
The protection of human health will be upheld through the
adoption of the Implementing Ordinance and associated
documents. Human health will be protected through
compliance with the criteria set forth by the proposed
project.
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H.
Consultation
1. Individuals and Orqanizations
City of Chula Vista:
Roger Daoust, Engineering
Hal Rosenberg, Engineering
Garry Williams, Planning
Ken Larsen, Building & Housing
Carol Gove, Fire Department
Cptn. Keith Hawkins, Police
Marty Schmidt, Parks & Rec.
Maryann Miller, Planning
Ed Batchelder, Planning
Chula Vista Elem. School District: Kate Shurson
Sweetwater Union High School District: Tom Silva
2. References
California Environmental Quality Act of 1970, as amended
(Public Resources Code 21000 et.seq) and the State EIR
Guidelines (14 Cal. Code of Regulations et.seq) .
Chula Vista, City of, 1987. Municipal Code.
Chula Vista, City of, 1989a. General Plan Uodate. :
Chula Vista, City of, 1989b. General Plan Update EIR.
County of San Diego, 1989. Final Environmental Impact
Report for the Hazardous Waste Manaqement Plan.
County of San Diego, 1989. Hazardous Waste Manaqement
Plan.
3. Initial Studv:
This environmental determination is based on t~e attached
Initial Study, any comments on the Initial Study and
Mitigated Negative Declaration, and reflects the
independent judgment of the City of Chula Vista. Further
information regarding the environmental review of the
proj ect is available from the Chul:a Vista Planning
Department, 276 Fourth Avenue, Chula Vista, California
91910.
\'()A/J}.U~ c... ~
E~~~~kNTAL REVIEW COORDINATOR
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(hazwst. nd)
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Excerot from Plannimz Commission Minutes of 1/13/93
ITEM 1.
PUBUC HEARING:
A. GPA-92-02 - ENTERTAINING RECONSIDERATION OF CITY-
INITIATED AMENDMENTS TO THE PUBUC FACIUTIES
ELEMENT OF THE GENERAL PLAN PREVIOUSLY ADOPTED IN
JUNE 1992, WHICH IMPLEMENT AND SUPPLEMENT THE
APPROVED COUNTY OF SAN DIEGO HAZARDOUS WASTE
MANAGEMENT PLAN (continued from December 16, 1992)
B. GP A-92-02A - CONSIDERATION OF ADDITIONAL CITY -INITIATED
AMENDMENTS TO THE PUBUC FACIUTlES ELEMENT OF THE
GENERAL PLAN REFINING PORTIONS OF THE JUNE 1992
AMENDMENTS, AND RESTATING THE CITY'S "FAIR SHARE"
CONCEPTS REGARDING HAZARDOUS WASTE FACIUTIES
(continued from December 16, 1992)
C. PCA-92-02- CONSIDERATION OF CITY -INITIATED AMENDMENTS
TO TITLE 19 OF THE MUNICIPAL CODE TO DEFINE
HAZARDOUS WASTE FACIUTIES AS CONDITIONAL USES IN
THE CITY'S INDUSTRIAL ZONES, AND TO ESTABUSH A
SPECIFIC REVIEW PROCEDURE FOR CONDITIONAL USE PERMIT
APPUCATIONS FOR SUCH FACIUTlES CONSISTENT WITH
STATE LAW (continued from December 16, 1992)
Associate Planner Batchelder gave the staff report and recommended, based on the responses
provided in Attachment 1 to the staff report, and through prior responses, that the
reconsideration of the previously adopted amendments be denied, the Negative Declaration be
adopted, the Planning Commission resolution adopted recommending that the City Council
approve the amendments contained in Exhibit B of the staff report, and recommending that the
City Council adopt the implementing ordinance amendments contained in Exhibit C of the staff
report.
Commissioner Tarantino questioned whether references to the "Chula Vista City School District"
should be changed to "Chula Vista Elementary School District" in the Public Facilities Element
of the General Plan. Mr. Batchelder answered that the language was outside the context of the
proposed amendments, and would need to be handled under another amendment. Chair Fuller
thought it may be handled administratively; however, Assistant City Attorney Rudolf felt it was
more than just housekeeping revisions and should be made as part of the next General Plan
amendment.
Regarding the LAC, Commissioner Tarantino asked if the LAC was for each project or if the
environmental and public interest members change and City representatives remain the same.
~
Mr. Batchelder said the LAC was a project specific group to be appointed and then disbanded
after each project had gone through the approval process.
Commissioner Tarantino, regarding the fair share policy, page 3-59, found Exhibits A and
Exhibit B confusing. Mr. Batchelder explained that Exhibit A referred to the amendments
previously adopted in June 1992, and was included for reference, and that Exhibit B reflected
the amendments currently being proposed. He said Exhibit B was the final document.
Commissioner Moot, referring to the Ogden lawsuit, asked if the City challenging it was the
City of San Diego. Mr. Batchelder answered affIrmatively, and added the last communication
received from them was a January 4, 1993, letter indicating reservation of their option to
comment further in conjunction with the City Council's consideration of the amendments.
This being the time and the place as advertised, the public hearing was opened.
Commissioner Moot asked if the attorney for Latham & Watkins had contacted staff indicating
if they were to be in attendance. Mr. Batchelder answered negatively.
No one else wishing to speak, the public hearing was closed.
M8UC (Martin/Carson) 6-0 (Commissioner Tuchscher excused) to deny reconsideration of
Resolution GPA-92-02.
M8UC (Carson/Martin) 6-0 (Commissioner Tuchscher excused) to adopt the Negative
Declaration prepared under 18-93-14 and further recommend that the City Council adopt
the Negative Declaration prepared under 18-93-14.
M8 (Carson/Martin) to recommend that the City Council approve the draft City Council
resolution approving the General Plan Amendment currently proposed under GPA-92-02A,
contained in Exhibit B, and further recommend that City Council introduce for first
reading the attached draft City Council ordinance implementing the amendments to zoning
ordinance as contained in Exhibit C.
Commissioner Ray was concerned with the statement in the resolution stating that the public
hearing would be set by the Planning Commission. He questioned the Planning Commission
setting the time and date of the public hearings. Assistant City Attorney said he believed it was
boiler plate language and that the Environmental Coordinator closed the public review period
on the EIR and the Director of Planning actually set the public hearing date.
Assistant City Attorney Rudolf asked if the Commissioners would approve the resolution with
the potential correction by staff to conform with the actual party to set the time and place of the
public hearing. The maker agreed.
Commissioner Moot, referring to the recommendation setting the conditional use permits, said
the Ogden case challenged the City of San Diego's criteria.
I
Associate Planner Batchelder said the challenge was that the City of San Diego did not have any
adopted procedures for the review of hazardous waste facilities, and yet was attempting to
impose conditions and procedures in absence of regulation. In this instance, the City of Chula
Vista is attempting to establish a process to be used to review such facilities.
Assistant City Attorney Rudolf concurred, and stated the purpose of Chula Vista's ordinance was
to establish processing requirements, and the criteria to grant or deny.
VOTE: 6-0
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MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista. California
6:00 p.m.
Monday. November 23, 1992
Conference Room #1
Public Services Building
CALL MEETING TO ORDERIROLL CALL: Meeting was called to order at 6:16 p.m. by
Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll.
Present: Commissioners Fox, Hall, Kracha, Myers. Absent: McNair, Ghougassian. (Johnson
arrived at 6:37 p.m.)
Welcome of new member, Adrien Myers, who was sworn in to RCC earlier this date. Barbara
Hall suggested a workshop on the scope and purpose of RCC be conducted for new members.
APPROVAL OF MINUTES: The minutes of November 9. 1992 could not be approved due to
lack of quorum from that meeting. However, a correction was noted on #8, sentence #2 and
3 should be replaced with .She questioned whether residents would be relocated..
1.
2.
3.
4.
o
Air Quality Improvement Plan/Eastlake Greens - Martin Miller presented information to
RCC. To alleviate traffic congestion, Hall suggested public transportation be stressed
for high school students and that businesses in Eastlake be supportive of jobs
specifically for residents who live in the area. It was moved and seconded (Fox/Hall)
to recommend adoption of PCM-93-06, Air Quality Improvement; motion passed 4-0-1.
Myers abstained due to inadequate time to review the packet information.
Water Conservation Plan - After presentation, it was moved and seconded (Fo~/Hall)
to recommend adoption of the Water Conservation Plan; motion passed 4-0-1. Myers
abstained due to inadequate time to review the packet information.
Schedule for review of the Otay Ranch:
. December 18 - County Dept. of Land Use, 3 p.m. (Final EIR due for review)
. January 15 - County Dept. of Land Use
. January 27 - Chula Vista Council Chambers, 5-7 p.m.
. January 29 - County Dept. of Land Use, (Action to be taken after public hearings)
. Joint Hearings (Supervisors. Planning Commission) scheduled for February
Reviewed Neg Dec 15-93-11 on C.V. Nature Interpretive Center Sewer Line Extension
and affirmed the improvement of the existing condition. It was moved and seconded
(Fox/Hall) to recommend adoption of Neg Dec 15-93-11; motion passed 4-0-1. Myers
abstained due to inadequate time to review the packet information.
Reviewed Neg Dec 15-93-14 Hazardous Waste Management Plan. Kracha's comments:
questioned how this plan will impact the existing county program and whether it will
work in conjunction with its existing plan. Waste will go into drains and not the
landfill. Questioned where waste material pickup collection points are located and how
it will be transported.
Fox questioned how this plan will effect the environment. He noted that the Neg Dec
is adequate, however the plan is not favorable. Doug Reid pointed out the EIR was
conducted on the City Hazardous Waste and was approved. Kracha contended there
is still insufficient information on what will happen with the waste materials.
.
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Resource Conservation Commission
Page 2
It was moved and seconded (Hall/Fox) to continue discussion on Neg Dec IS 93-14 to
the December 7th meeting with further information and clarification from staff; motion
passed 5-0.
STAFF REPORT:
With the upcoming scheduling conflicts, Doug Reid announced the change in next
month's meetings to be held on December 7 and December 14.
Chula Vista Historical Society is replacing its current newsletter with quarterly books
for $20/year; membership is $35/year. In that regard, Kracha suggested the $200 in
RCC's budget for the Society could be a place to cut funds. Doug recommended to
wait until after the final budget review.
CHAIRMAN'S COMMENTS:
Kracha commented about government control over the high school and elementary
school districts and suggested they work together with city law enforcement.
Kracha presented information on the Earth Day Committee. Meetings are held the
second Thursday of each month, 7 p.m. in Council Conference room.
COMMISSIONER'S COMMENTS:
Fox - resignation is effective November 30. Commended the Commission on its quality
at the present time.
Johnson - Inquired as to the impact of RCC's comments/recommendations to the
Planning Commission; there is currently no feedback. Also, on a side note to Kracha's
comments on the school systems, school districts should not be controlling or work
autonomously, but should be in collaboration with the City.
Myers asked what recommendations RCC has made on Rancho Del Rey.
Hall brought newspaper article on annexation and asked whether it would effect the
Otay Ranch.
The Resource Conservation Commission thanked Bob Fox for his outstanding service
on this commission and wished him well as he serves on the City Council.
ADJOURNMENT:
The meeting was adjourned by Chairman Kracha at 7:44 p.m.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
'~~~
~arbara Taylor
4820682
EXPRESS SECRETARIAL
534 P02
FEB 11 '93 11:57
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. ,\..#J.~a<:--;~'", ".0 ,," ,...",~ -.
MINUTES OF A SCHEDULED REGULAR MEETING
-
Resource Conservation Commission
Chula Vista, California
6:00 p.m.
Monday, February 8, 1993
Conference Room #1
Public Services Building
CALL MEETING TO ORDER/ROll. CALL: Meeting was called to order at 6:07 p.m. by
Vice-Chairman Hall. City Staff Environmental Review Coordinator Doug Reid called roll.
Present: Commissioners Hall, 10hnson, McNair, Myers. Absent: Kracha, Ghougassian.
APPROVAL OF MINUTES: It was MSUC (Johnson/Myers) to approve the minutes of the
meeting of January 25, 1993. It was MSUC (Myers/Johnson) to approve the minutes of the
meetin& of February I, 1993,
OLD BUSINESS was moved up on the agenda:
1. Review of Negative Declaration IS-93-14: Ed Batchelder presented the document with
comments by Commissioners from the January 25th meeting incorporated. Letter received this
date from Latham & Watkins, attorneys for APTEC, was also distributed and presented. This
letter raised concerns as to the appropriateness of the Negative Declaration. Further discussion
of this Negative Declaration was trailed until Mr. Kracha arrives later in the meeting.
2. Final Action on Draft Supplemental EIR-90-02, Rancho San Miguel: Discussion on this
item was continued from the meeting of February I, 1993 for final approval. Myers stated she
still does not approve the project due to too many issues being unmitigable (see comments
summary in minutes of February 1, 1993, page 2). She specifically noted the unavailability of
water and sewage capacity, potential hazards of electro-magnetic fields from SDG&E towers,
environmental impact, and concerns on the future of 125. Additionally, the EIR does not
comply with CEQA requirements.
{Mr. Kracha arrived at 6:34 p.m.].
After discussion, it was then moved and seconded (Myers/McNair) that Draft Supplemental EIR-
90-02 not be accepted due to the number of unmitigable impacts, specifically: (1) the unknown
future of 125; (2) impact of the run-off waters polluting the reservoir with development of the
northern portion; (3) potential health hazard in the southern portion near SDG&E power lines;
(4) inadequate funding of schools; (5) unavailability of water and sewage capacity; and (6)
impact on plant life and endangered species. (Ayes - Myers, McNair, Hall, Johnson; no -
Kracha); motion carried 4-1.
3. With Mr. Kracha's arrival, Ed Batchelder highlighted the changes to the Negative
Declaration and discussed the letter of February 8 from Latham & Watkins. Mr. Batchelder
noted that *e letter's allegations were synonymous to those previously presented by Latham &
Watkins to'the Planning Commission and addressed in Attachment 1 to their January 13,1993
staff report, a copy of which was provided to the RCC for this meeting. It was noted that as
4820682
EXPRESS SECRET~RIAL
534P03
FEB 11 '93 11:58
I. .
. .
.
Page 2
ret1ected in that attachment, it is the opinion of the city attorney's office that the allegations are
without merit. These and other allegations regarding the subject amendments are currently in
litigation. Further, it is staff's recommendation to approve the Negative Declaration. Kracha
asked if APTEC was specifically notified of tonigh~'s meeting. It was confirmed by staff that
they were notified, and that all other parties involved were also notified that this matter was
rescheduled for consideration by RCC. It was then moved and seconded (Hall/Johnson) to
recommend approval of Negative Declaration IS-93-14; Ayes: Hall, Kracha, Johnson, McNair;
no: Myers; motion carried 4-1.
(Mr. Johnson left the meeting at 6:50 p.m.].
NEW BUSINESS
1. Kim Glasgow of Ogden and Kim Kilkenny of Baldwin were present for the discussion
on the Otay Ranch Final Program EIR. Doug Reid displayed the maps depicting the Resource
Sensitivity Analysis, Environmental Alternative and Phase I and n Progress Plan.
Issues discussed and reviewed by the Otay Ranch representatives included: mass transit,
environmental impact and sensitive areas, archeological surveys, the new village concept,
Resource Management Plan, water master plan, schools and population estimation. Kim
Kilkenny noted that neither the UC campus nor the Olympic Training Center (located in Salt
Creek) are part of this project and not included in any of the studies.
Kim Glasgow summarized that the Otay Ranch project was examined with a very programmatic
approach, i.e., very general but not necessarily detailed. Regarding questions on the specific
flora and fauna impacted, this is documented in the 12/18/92 staff report. Page 15 of that report
summarizes the biological Impacts with an appendix listed of the details.
Myers stated her objection to the current alternative and questioned why the environmental
alternative is not acceptable. Staff pointed out that the U.S. Fish & Wildlife made a presentation
to the Planning Commission but did not fully support the environmental alternative because it
contained too many unmitigable impacts.
McNair stated she favors the Otay Ranch project but its large scale would change the character
of the community. Staff responded that an off-site alternative analysis was done. From the
regional perspective, Otay Ranch is a better land use, it is environmentally sensitive, and has
better mitigation measures than it would if located elsewhere in the county.
Kracha received c1arification of specific wording of the document relating to air pollution, the
sewer district, greenbelt of Chula Vista and plans for the expansion of the landfill. He also
asked what would happen if 125 is never built. The City of Chula Vista would then monitor its
thresholds annually to ensure the circulation of element operated at a Level C. If it fell below
that set th~shold, an alternate north/south corridor would still have to be built.
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The next meetini on Otay Ranch is scheduled for a special meetin& on February 1S, 1993.
McNair requested that issues concerning the environmental impact and what is considered
sensitive be reviewed at that time. Myers requested information on why the environmental
alternative is not viable. She also stated that mass transit reports for the State of California
show it is not feasible; additionally, the environment would be destroyed.
STAFF REPORT: Workshop on CEQA is tentatively scheduled for March 1 for new members.
CHAIRMAN'S COMMENTS: Kracha announced a workshop by the Save Our Heritage
Organization on February 18th. .
Planning Commission Agenda - Rancho San Miguel: no further action by RCC.
ADJOURNMENT:
The meeting was adjourned by Chairman Kracha at 9:28 p.m.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
~~
,-
,
EXHIBIT A
"
I
I
R \\cot-f
~OLO
February 23, 1993
From:
The Honorable Mayor and City Council
John D. Goss, City Manage~ ~
Director of Parks and Recreati~
To:
via:
Subject:
Staff Recommendation - Cultural Arts Commission request
for approval of "Contract for Use of Facility" and
Indemnity and Hold Harmless Agreement".
city Council Agenda item 20, for the meeting of February 23, 1993,
is a letter requesting Council's approval of a Contract for Use of
Facility, and an Indemnity and Hold Harmless Agreement for the use
of the community Congregational Church. The item is being
submitted by the Cultural Arts Commission, to allow them to conduct
a community music competition at the church later in the spring.
Staff supports this request, since the event will help the
Commission and the City to broaden the cultural opportunities for
the citizens of Chula vista. This first-year event is slated to
become an annual competition.
The City Attorney and the Risk Manager have reviewed the
and the hold-harmless agreement, and concur with
recommendation for approval of the request.
There is no fiscal impact to the City involved with approval of
this request.
contract
staff's
wp\cacreqst
c2.0/3
CULTURAL ARTS COKKISSION
RECEIVED
~3 FEB 10 P2:17
January 26, 1993
CITY OF CHUU. VISTA
C1TY CLERK'S OfFICE
The Honorable Mayor and
City of Chula Vista
c/o City Clerk as Board
276 Fourth Avenue
Chula Vista, Ca. 91910
Attached is a proposed contract for use of the Community
Conqreqational Church by the Cultural Arts Commission and the
public for the purpose of conductinq our annual music competition.
Also attached hereto is an Indemnity and Hold Harmless Aqreement
which the Church is requestinq that the City siqn indemnifyinq them
from any injuries that may occur as a result of hOldinq the event
at their facility.
City Council
and =ommissions ~eport
Please review same, and if it meets with. your approval, please
approve the "Contract for Use of Facility" and the "Indemnity and
Hold Harmless Aqreement" and '1uthorize the Mayor to execute same
Sineerely, ~~
Pat Ables, Chairman
Cultural Arts Commission
cc: City Manaqer
City Attorney
C:1Il1cullan.
~JJ)/j;
"U......UN !-r I \"UNlillf;C;A T IONAL CHU RCH
UNITED CHURCH OF CHRIST OF CHULA VISTA
CALIFORNIA
CONTRACT FOR USE OF FACILITY
Name, address, telephone number of or,anization:
Person in charge:
Facility to be used for:
Date(s) to be used:
Time(s) :
Part(s) of facility to be used:
key(s) issued:
Date:
To be returned by:
Equipment borrowed:
Date:
To be returned by:
Responsible for (where appropriate): Turning off all li,hts (except outside floods, etc.);
Checking restrooms to be sure lights are off, etc.; Makin, sure each outside door is
locked (please test it after turning key); Making sure everyone is out of the buildin,;
Makin, sure all stove burners are turned off, all kitchen fans are off, all coffee pots,
refrigerator doors closed tight; Makin, sure all windows are closed and locked.
_ame
Date
Contract issued by:
,,;.()- :J~/
~ ;2tJ~?
INDEMNITY AND HOLD HARMLESS AGREEMENT
agrees to indemnify and hold the
Community Congregational Church United Church of Christ, Chula
.
Vista ("Church.) and the property of the Church, including said
premises, free and harmless from any and all claims, lil..bility,
loss, damage, or expenses resulting from its occupation and use of
said premises, specifically including, without limitation, any
claim, liability, loss, or damage arising by reason of:
a) The death or injury of any person or persons, in-
cluding the undersigned or any person who is an
employee, agent, member or invitee 'of the under-
signed, or by reason of the damage to or destruction
of any property, including property owned by the
undersigned or any person who is an employee, agent,
membpr or invitee of the undersigned and ca! sed or
allegedly caused by either the condition of said
premises, or some act or omission of the Church or
undersigned on said premisesl
b) The failure of the Church or the undersigned to com-
ply wi th any requirement of law or any requirement
imposed on the Church or the premises by Ilny duly
authorized governmental agency or political subdivi-
s'ion.
Dated:
.~ ;2;J~g/
,/