HomeMy WebLinkAboutAgenda Packet 2000/07/11 AGENDA
JULY 11, 2000
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION OF PROCLAMATIONS TO THE EMPLOYEES OF THE
MONTH, JERRY QUIJENCIO, COMPUTER PROGRAMMER/ANALYST AND
DARRELL BOGGESS, COMPUTER PROGRAMMER/ANALYST 1N THE
MANAGEMENT AND iNFORMATION SERVICES DEPARTMENT
· OATH OF OFFICE: ECONOMIC DEVELOPMENT COMMISSION - RAFAEL
MUNOZ
· PRESENTATION OF A PROCLAMATION COMMENDING THE CHULA VISTA
FIRE DEPARTMENT SOFTBALL TEAM UPON THEIR WIN OF THE
CALIFORNIA FIREFIGHTER OLYMPICS
· PRESENTATION TO THE CITY OF CHULA VISTA FROM TOM ARNOLD,
DIRECTOR OF CALIFORNIA VETERANS' HOME - CHULA VISTA
CONSENT CALENDAR
(Items 1 through 8)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember. a member of the public, or City staff requests that the item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak "form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on June 20, 2000, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Memo from the Mayor' s Office reporting a verbal resignation from Dr. Robert
Fisher, member of the Resource Conservation Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk's Office be directed to post the vacancy immediately according to Maddy
Act requirements.
Page 1 Council Agencla 07/11/2000
2. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA"
ESTABLISHING A 35 MPH SPEED LIMIT ON LANE AVENUE BETWEEN OTAY;"
LAKES ROAD AND MACKENZIE CREEK ROAD AND ESTABLISHING A 40 MPH
SPEED LIMIT ON LANE AVENUE BETWEEN MACKENZIE CREEK ROAD.AND ......
PROCTOR VALLEY ROAD AND ADDING THESE ROADWAY SEGMENTS TO
SCHEDULE X OF A REGISTER MAINTAINED BY THE OFFICE OF THE CITY
ENGINEER (2~q° READING AND ADOPTION)
Based on the provisions of Chapter 7, Article 1 of the California Vehicle Code, and
pursuant to authority trader Chula Vista Mtmicipal Code Section 10.48.020, the City
Engineer has determined that, in the interest of minimiz'mg traffic hazards and traffic
congestion and for the promotion of public safety, the speed limit on Lane Avenue
between Otay Lakes Road and Mackenzie Creek Road be established at 35 MPH, and the
speed limit on Lane Avenue between Mackenzie Creek Road and Proctor Valley Road be
established at 40 MPH. These speed limits will be added to Schedule X of the register
maintained in the Office of the City Engineer. (Director of Public Works)
Staff recommendation: Council place the Ordinance on second reading for adoption.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING
AREA (SPA) PLAN - PLANNED COMMUNITY DISTRICTS REGULATIONS,
LAND USE DISTRICT MAP TO CHANGE THE LAND USE DESIGNATION OF 2.3
ACRES AT THE NORTHEAST CORNER OF EAST PALOMAR STREET AND
MEDICAL CENTER DRIVE FROM RESIDENTIAL CONDOMIN1UM TO VILLAGE
CENTER (2~qt~ READiNG AND ADOPTION)
Kitehell Development Company has submitted an application to amend the Sunbow II
Sectional Planning Area Plan Planned Community District Regulations in order to
change the Land Use Designation of 2.3 acres at the northeast corner of Medical Center
Drive and East Palomar Street from Residential Condominium to Village Center. The
applicant has also requested an amendment to the Sunbow II Village Center Design
Guidelines to change the adopted "Main Street" Pedestrian Village commercial center
design concept to a more contemporary neighborhood commercial center. (Director of
Planning and Building)
Staff recommendation: Council place the Ordinance on second reading for adoption.
4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CALLiNG AND GIViNG NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000, FOR THE
PURPOSE OF FILLING COUNCIL SEAT NUMBER 3 AND SUBMITTING
CERTAIN CHARTER AMENDMENT(S) TO THE PEOPLE OF SAID CITY, AS
REQUIRED BY THE PROVISIONS OF THE CHULA VISTA CHARTER AND THE
LAWS OF THE STATE OF CALIFORNIA RELATiNG TO THE CONDUCT OF
ELECTIONS
Page 2 - Council Agenda 07/11/2000
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE
COSTS THEREOF FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD 1N
SAID CITY ON TUESDAY, NOVEMBER 7, 2000
The purpose of the November 7, 2000 Special Mtmicipal Election is to select a Member
of the City Cotmoil to fill Seat 3 for a full term consisting of four years, commencing
December 2000; and to submit certain Charter Amendment(s) to the people. (City Clerk)
Staff recommendation: Council adopt the Resolutions.
5 A. EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADDING SECTIONS 9.16.027 THROUGH 9.16.032 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE POSSESSION OF CLONAZEPAM
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING
SECTIONS 9.16.027 THROUGH 9.16.032 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO THE POSSESSION OF CLONAZEPAM
During the past year, there has been an increase in the number of young adults and
juveniles possessing the drug, Clonazepam. An amendment to the Health and Safety
Code in the 1984 legislation unintentionally allowed persons to possess Clonazepam
without a doctor's prescription. The drug is now considered popular as a "recreational
drug" of choice among high school students and has been associated with several sexual
assaults. (Chief of Police)
Staff recommendation: Council adopt the Emergency Ordinance and place the Ordinance
on first reading.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CITY POLICY NO. 585-1 BY EXPANDING THE USE OF UTILITY
FUNDS TO REIMBURSE ALL PROPERTY OWNERS FOR THE COST OF
UNDERGROUNDING PRIVATE SERVICE LATERALS
The California Public Utilities Commission (CPUC) recently approved a revision to Rule
20A Utility Funds which will include additional item(s) of work eligible for
reimbursement resulting from the conversion of the overhead utilities to traderground.
This is being implemented as an incentive to property owners to help defray the cost of
their respective work. Approval of this amendment will add new reimbursement to
property owners for all or a portion of the conversion of customer meter panels for
service connection. This amendment will also increase the existing reimbursement
amount (per linear foot) for trenching and electrical conduit installation from $30 to $35.
Council Policy No. 585-1 must now be amended. (Director of Public Works)
Staff recommendation: Council adopt the Resolution.
Page 3 -Council Agenda 07/11/2000
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR
THE PROVISION OF CONSTRUCTION MANAGEMENT SERVICES REQUIRED
FOR THE CONSTRUCTION OF THE CORPORATION YARD PROJECT,
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND
APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED)
On April 17, 2000, the Department of Public Works issued a Request for Qualifications
(RFQ) for Construction Manager/Constructor Services requesting statements of
qualifications f~om Construction Managers/Constructors that are qualified to provide the
City with proper guidance and assistance in value engineering, construction management
and construction services coordination for building capital improvement projects. On
May 19, 2000 the City received a total of 18 submittals in response to the RFQ. A
selection committee, appointed by the City Manager, has evaluated and ranked the
submittals and conducted interviews with the top six consulting teams. As a result of the
interview process, on June 20, 2000, Council adopted a resolution establishing a
construction management services priority list comprised of all six consulting teams to be
used for awarding design/construction contracts on future building facilities. Highland
Parmership, Inc. was selected unanimously as the highest overall rated respondent for the
Corporation Yard project. Adoption of the Resolution will approve an agreement with
Highland Partnership, Inc. for the provision of construction management services
required for the construction of the Corporation Yard project. (Director of Public Works)
Staff recommendation: Council adopt the Resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any
issue not included on the agenda, but, if appropriate, the Council may schedule
the topic for future discussion or refer the matter to staff. Comments are limited
to three minutes.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as
required by law. If you wish to speak on any item, please fill out a "Request to
Speak"form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
8. CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH
RESPECT TO THE PROPOSED ROLLING HILLS RANCH AFFORDABLE SENIOR
HOUSING PROJECT
Pacific Bay Homes is requesting that the City consider the issuance of a maximtun of $12
million in multifamily revenue bonds by the Housing Authority of the City of Chula
Vista to facilitate the development of a 116-unit affordable senior rental housing project
within the Rolling Hills master planned community. As required by the Internal Revenue
Code, the City must hold a public hearing to consider and approve the issuance of tax-
exempt obligations by the Authority. This action is required to complete Pacific Bay
Homes' application to the California Debt Limit Allocation Committee for the bonds.
(Director of Community Development)
Page 4 - Council Agenda 07/11/2000
Staff recommendation: Council conduct the public heating and adopt the following
Resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROV1NG THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY
HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE
CITY OF CHULA VISTA FOR AN AFFORDABLE SENIOR RENTAL
HOUSING PROJECT WITHIN THE ROLLING HILLS RANCH MASTER
PLANNED COMMUNITY
9. CONSIDERATION OF DECLARATION BY THE CITY COUNCIL OF ITS
INTENTION TO FORM AND ESTABLISH COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (SUNBOW II- VILLAGES 5 THROUGH 10) AND DECLARATION OF
NECESSITY TO INCUR A BONDED INDEBTEDNESS, PURSUANT TO THE
PROVISIONS OF THE "MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982",
FOR THE PURPOSE OF ACQUISITION OF CERTAIN PUBLIC FACILITIES
THROUGH THE ISSUANCE OF BONDS SECURED BY SPECIAL TAXES
On Jane 6, 2000, Council approved the Resolution of intention to form Community
Facilities District No. 2000-1 (CFD 2000-1) and set the public heating for July 11, 2000.
CFD 2000-1 will fund the construction of public facilities, including a significant portion
of the Sunbow II - Villages 5 through 10 improvements. Adoption of the Resolutions
will continue the formal proceedings leading to the establishment of Community
Facilities District No. 2000-1. (Director of Public Works)
Staff recommendation: Council conduct the public hearing, adopt the following
Resolutions and place the Ordinance on first reading:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (SUNBOW II VILLAGES 5 THROUGH 10) AND
AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS,
SUBMITTING TO THE QUALIFIED ELECTORS OF A COMMUNITY
FACILITIES DISTRICT A PROPOSITION TO INCUR A BONDED
INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR
CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT
NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), AND GIVING
NOTICE THEREON
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II -
VILLAGES 5 THROUGH 10) DECLARING THE RESULTS OF A SPECIAL
ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT
D. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10),
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT
Page 5 -Council Agenda 07/11/2000
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
10. CONSIDERATION OF APPROVAL OF NAME CHANGES OF STREET
NAMES IN SUNBOW DEVELOPMENT PHASES 1B, 2A, 2B, & 1C TO
HONOR CHULA VISTA WAR VETERANS
On May 9, 2000, Council directed staff to investigate the concern over previously
approved names (of deceased Chula Vista War Veterans) not being used within
the Sunbow Development. In order to correct this problem, staff proposes to
change the street names on Sunbow Phases 1B, 2A, 2B, & 1C to those previously
approved in 1990. (Director of planning and Building)
Staff recommendation: Council adopt :the following Resolution:
RESOLUTION OF THE CITY COUNCIL APPROVING THE NAME
CHANGES OF STREET NAMES IN SUNBOW DEVELOPMENT
PHASES 1B, 2A, 2B, & 1C TO HONOR CHULA VISTA WAR
VETERANS
11. CONSIDERATION OF ACCEPTANCE OF A REAL PROPERTY TRANSFER
FROM THE CITY OF SAN DIEGO FOR THE PURPOSES OF THE PLANNED
OTAY VALLEY REGIONAL PARK
In 1990, the Cities of Chula Vista and San Diego, as well as the County of San
Diego, adopted a Joint Exercise of Powers Agreement (JEPA) enabling the three
jurisdictions to coordinate, acquire, plan and design the Otay Valley Regional
Park. Over the past several years the three jurisdictions have been pursuing and
receiving grant funds for the acquisition of property for assembly of the park. The
three jurisdictions agreed that the City of San Diego's Real Property Division
would facilitate the acquisitions. The City of Chula Vista has previously received
11.2 acres of property in fee title after transfers of acquired property were
facilitated by the City of San Diego. The City of San Diego is again requesting
that the City of Chula Vista accept land, totaling 63.42 acres, targeted for the
park. This will bring Chula Vista's ownership of park land to 74.62 acres.
(Director of Planning and Building)
Staff recommendation: Council adopt the following Resolution:
RESOLUTION OF THE CITY OF CHULA VISTA ACCEPTING
GRANT DEED FOR REAL PROPERTY FROM THE CITY OF SAN
DIEGO FOR THE PURPOSES OF THE PLANNED OTAY VALLEY
REGIONAL PARK
ITEMS PULLED FROM THE CONSENT CALENDAR
Page 6 - Council Agenda 07/11/2000
OTHER BUSINESS
12. CITY MANAGER' S REPORTS
A. Scheduling of meetings.
13. MAYOR'S REPORTS
A. Ratification of appointment to the Resource Conservation Commission - Charles
"Steve" Thomas.
B. Ratification ofreappointments to: · Child Care Commission - Janice Lambert
· Cultural Arts Commission - Hector C. Molina
· Design Review Committee - Patricia Aguilar, Jose V. Alberti, Jr.
· Economic Development Co~nmission - Russ Hall (Ex-Of~cio), Mary Wylie
(Ex-Officio)
· Housing Advisory Commission - Frederick Dufresne, Barbara Worth
· Human Relations Commission - Samuel G. Avalos
· International Friendship Commission - Lourdes Seville
· Parks & Recreation Commission - Diana M. Rude
· Safety Commission - Harriet Acton
· Town Centre Project Area Committee - Tom Money, Linda R. Navarro, John
Madsen
· Veterans Advisory Commission - A.Y. Casillas, Carmen Fedje
C. Ratification of reappointment of Donna Vignapiano to fill her tinexpired second
term with member-at-large status on the Town Centre Project Area Committee.
14. COUNCIL COMMENTS
ADJOURNMENT to an Adjourned Meeting of the City Council on Thursday, July 13, 2000,
at 4:30 p.m. in the Cotmcil Conference Room and thence to the Regular Meeting of July 18,
2000 at 6:00 p.m. in the Council Chambers.
Page 7 - Council Agenda 07/11/2000
!
CHUIA VISi'A
July 6, 2000
TO: The Honorable Mayor and City Council
FROM: David D. Rowlands, Jr., City Manager~/
SUBJECT: Council Meeting of July 11, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, July 11,2000. Comments regarding the Written Communications are as
follows:
1 a. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on June 20, 2000, there
were no actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
1 b. This is a memo from the Mayor's Office reporting a verbal resignation from Dr.
Robert Fisher, member of the Resource Conservation Commission.
IT IS RECOMMENDED THAT THE RESIGNATION BE ACCEPTED WITH
REGRET AND THE CITY CLERK'S OFFICE BE DIRECTED TO POST
IMMEDIATELY ACCORDING TO MADDY ACT REQUIREMENTS.
ORDINANCE NO. D~%
AN ORDINANCE ESTABLISHING A 35 MPH SPEED LIMI ~
MPH SPEED LIMIT ON LANE AVENU ~WEEN
X OF A REGISTER AS MAINTAINED BY THE OFFICE OF
THE CITY ENGINEER
WHEREAS, based on the provisions of Chapter 7, Article 1
of the California Vehicle Code, and pursuant to authority under the
Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that in the interest of minimizing traffic hazards and
traffic congestion, and for the promotion of public safety, the
speed limit on Lane Avenue between Otay Lakes Road and Mackenzie
Creek Road be established at 35 MPH, and the speed limit on Lane
Avenue between Mackenzie Creek Road and Proctor Valley Road be
established at 40 MPH; and
WHEREAS, a engineering and traffic study, as required by
State Law, has been conducted and it has been determined that the
appropriate speed in this area is to be posted at 35 MPH and 40
MPH, respectively.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the City Engineer as provided in Section 10.48.020 of
the Chula Vista Municipal Code, Established Speed Limits in Certain
Zones and Establishing a Speed Limit of 35 MPH on Lane Avenue
between Otay Lakes Road and Mackenzie Creek Road and, Establishing
a Speed Limit of 40 MPH on Lane Avenue between Mackenzie Creek Road
and Proctor Valley Road adding these roadway segments to Schedule
X, is hereby amended to include the following changes:
Chula Vista MuniciDal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beqinninq At Endinq At ProDosed
Speed Limit
Lane Avenue Otay Lakes Mackenzie 35 MPH
Road Creek Road
Lane Avenue Mackenzie Proctor Valley 40 MPH
Creek Road Road
1
SECTION II: 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
John P. Lippitt, Director of J M. Kaheny, Cit~
Public Works y
H:\home\lorraine\OR\SPEED.EST
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
REGULATIONS, LAND USE DISTRICT MAP TO CHANGE THE L ~E
DESIGNATION OF 2.3 ACRES AT THE NORTHEAST CORNE ~AST
I. RECITALS
A. Project Site
WHEREAS, the area of land which is subject matter of this Ordinance is
diagranunatically represented in Exhibit "A" attached hereto and incorporated herein by
this reference, and commonly known as portion of Sunbow II-Planning Areas 8 and 10A,
and for the purpose of general description herein consists of approximately 2.3-acres
located approximately at the northeast comer of Medical Center Drive and East Polomar
Road ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on January 7, 2000, a duly verified application was filed with the
City of Chula Vista Planning Department by Kitehell Development Company
("Developer"), requesting approval of amendments to the Sunbow II Sectional Planning
Area (SPA) plan- Planned Community District Regulations to change the land use
designation of 2.3 acres located at the northeast comer of East Polomar Street from
Residential Condominium (RC) to Village Commercial (VC); and amend the Sunbow II
Village Center Design Guidelines to change the adopted Village commercial center
design concept from a "Main Street"" pedestrian village commercial design concept to a
more contemporary neighborhood commercial center ("Project); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of
various entitlements, including: 1) a General Development Plan, Sunbow II General
Development Plan, previously approved by City Council Resolution No. 15427 CGDP")
on December 5, 1989; 2) a Sectional Planning Area (SPA) plan, Sunbow II Sectional
Planning Area Plan ("SPA"); 3) Planned Conununity District Regulations, Sunbow II
Planned Community District Regulations; 4) Design Guidelines, Sunbow II Design
Guidelines; and 5) Public Facilities Finance Plan, Sunbow II Public Facilities Financing
Plan all previously approved by City Coancil Resolutions 15524, 15525, and 15427, and
Ordinance 2346 on December 5, 1989; Sunbow II Air Quality Improvement Plan (AQIP
approved by Resolution No. 18978 on April 28, 1998; and,
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on June 7, 2000 and after heating staff presentation and public testimony, voted
(4-0) to recommend that the City Council approve the Project, in accordance with the
findings listed below; and,
E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on June 20, 2000, on the Project and to
receive the recommendations of the Planning Commission and Resource Conservation
Commissions, and to hear public testimony with regard to same; and,
WHEREAS, the city clerk set the time and place for a hearing on said SPA
amendment application and notice of said hearing, together with its purpose, was given
by its publication in a newspaper of :general circulation in the City, and its mailing to
property owners within 500 fi. of the exterior boundary of the project at least 10 days
prior to the heating; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m. June 20, 2000, in the Council Chambers, 276 Fourth Avenue, before the City
Council and said hearing was thereafter closed; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was
introduced for first reading (June 20, 2000), the City Council of the City of Chula Vista
approved Resolution No. by which it imposed amendments on the Sunbow II
Sectional Planning Area (SPA) Village Center Design Guidelines and adopted Mitigated
Negative Declaration IS-00-16 and Mitigation and Monitoring and Reporting Program.
II NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and ordain as follows:
A. FINDiNGS FOR PLANNED COMMUNITY DISTRICT REGULATIONS
AMENDMENT
The City Council hereby finds that the proposed amendments to the Sunbow I1 Planned
Community District Regulations, Land Use Districts Map and statistics are consistent
with the City of Chula Vista General Plan, and public necessity, convenience, the general
welfare and good zoning practice support the amendment.
B. APPROVAL OF ZONE AMENDMENT
The City Council does hereby approve the amendment to the Sunbow 1I SPA Plan
Planned Community District Regulations and Land Use District Map as represented in
Exhibit A.
Ill. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that any one or more terms, provisions or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this Ordinance
shall be deemed to be automatically revoked and of no further force and effect ab initio.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by Approved as to form by
Robert A. Leiter C/~ny~
Director of Planning City Attorney
A:\PCM-0018.CCO.doc
COUNCIL AGENDA STATEMENT
Item No.
Meeting Date 07/11/00
ITEM TITLE: Adoption of Resolutions relating to the November 7, 2000 Special Municipal
Election:
1. Resolution of the City Council of the City of Chula Vista, Califomia,
calling and giving notice of the holding of a Special Municipal
Election to be held on Tuesday, November 7, 2000, for the purpose of
filling Council Seat Number 3 and submitting certain Charter
amendment(s) to the people of said City, as required by the
provisions of the Chula Vista Charter and the laws of the State of
Califomia relating to the conduct of elections
2. Resolution of the City Council of the City of Chula Vista, Califomia,
adopting regulations for candidates for elective office pertaining to
materials submitted to the electorate and the costs thereof for the
Special Municipal Election to be held in said City on Tuesday,
Nove}er 7, 2000
SUBMITTED BY: Susan Bigelow, CMC/AAE, City Clerk
SUMMARY: The purpose of the November 7, 2000 Special Municipal Election is to select a
Member of the City Council to fill Seat 3 for a full term consisting of four years, commencing
December 2000; and to submit certain Charter Amendment(s) to the people.
RECOMMENDATION: Council adopt the Resolutions.
BOARD AND COMMISSION RECOMMENDATIONS: Not applicable.
BACKGROUND: A General Municipal Election was held on March 7, 2000 for the purpose of
selecting two Members of the City Council, to fill Seats 3 and 4 for full terms of 4 years
commencing in December 2000, as well as to submit two Charter amendments to the electorate.
None of the candidates for Seat 3 received fifty percent plus one vote in the General Municipal
Election, and the Charter requires, therefore, that a runoff election be conducted between the two
candidates who received the most number of votes. The Charter also requires that municipal
elections be scheduled in conjunction with statewide elections, and the next statewide general
election will be held on November 7, 2000. In addition, the Charter Review Commission has been
discussing placing one or more proposed Charter amendments on the November ballot; any proposed
amendment(s) must be brought forward for Council consideration and approval no later than August
8, 2000.
At this time, it is necessary to call and give notice of the election. Section 13307 of the California
Elections Code also provides that the local agency must adopt regulations pertaining to the materials
prepared by candidates and the costs thereof. Historically, the City has allowed candidates to submit
candidate's statements of no more than 200 words. The estimated cost of a 200-word statement is
$544 ($6 per 1,000 registered voters, plus $25 in set-up charges and $75 for a Spanish translation).
Candidates who choose to file a candidate's statement will be required to pay $544 as a deposit at the
time their statements are filed with the City Clerk. Should the actual cost be less, the balance will be
refunded to the candidates; and should the actual cost be more, candidates will be billed for the
difference.
FISCAL IMPACT: $34,400 has been budgeted in the 2000-2001budget for the election, anditis
anticipated that the amount budgeted is sufficient.
Resolution * * * * *
Page 1
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICll~AL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000,
FOR THE PURPOSE OF FILLING COIJNCIL SEAT NUMBER 3
AND SUBMITTING CERTAIN CHARTER AMENDMENT(S)
TO THE PEOPLE OF SAID CITY, AS REQUIRED BY THE
PROVISIONS OF THE CHULA VISTA CHARTER AND THE
LAWS OF THE STATE OF CALIFORNIA RELATING TO THE
CONDUCT OF ELECTIONS
WHEREAS, under the provisions of the Charter of the City of Chula Vista, a Special
Municipal Election shall be held on Tuesday, November 7, 2000, for the purpose of conducting a
run-off election between the two candidates for Seat 3 who received the highest number of votes
cast and yet did not receive a total of fifty percent plus one at the General Municipal Election held
on March 7, 2000, and for the purpose of submitting Charter amendments to the People.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER, as follows:
SECTION 1. Pursuant to the requirements of the Chula Vista Charter and the laws of the State of
Califomia, there shall be and there is hereby called and ordered held in the City of Chula Vista,
California, on Tuesday, November 7, 2000, a special municipal election of the qualified electors of
said City for the purpose of a runoff election to elect one (1) Member of the City Council to fill
Seat 3 for the full term of four years, commencing December, 2000, and for submitting certain
Charter amendment(s) to the People.
SECTION 2. The ballots to be used at said election shall be, both as to form and matter contained
therein, such as may be required by law to be used thereat.
SECTION 3. The City Clerk of said City is hereby authorized, instructed and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphemalia that may be necessary in order to properly and lawfully conduct said election.
SECTION 4. The polls of said election shall be open at seven o'clock a.m. of the day of said
election and shall remain open continuously fi'om said time until eight o'cloek p.m. of the same
day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of
the State of Califomia.
SECTION 5. In all particulars not recited in this Resolution, said election shall be held and
conducted as provided by law for holding municipal elections in said City.
! l[
Resolution * * * * *
Page 2
SECTION 6. Notice of the time and place of holding said election is hereby given and the City
Clerk is hereby authorized, instructed and directed to give such further notice or additional notice
of said election in time, form and manner as required by law.
Submitted by: Approved as to form:
Susan Bigelow, City Clerk" ny, City Attomey.)
City Clerk
PASSED and ADOPTED at a regular meeting of the City Council of the City of Chula
Vista, Califomia, this 11th day of July, 2000, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Shi~ey Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2000- was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of July, 2000.
Executed this 12th day of July, 2000.
Susan Bigelow, City Clerk
""T' I elr
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE
ELECTORATE AND THE COSTS THEREOF FOR THE SPECIAL MUNICIPAL
ELECTION TO BE HELD 1N SAID CITY ON TUESDAY, NOVEMBER 7, 2000
WHEREAS, Section 13307 of the Elections Code of the State of Califomia provides that the
governing body of any local agency adopt regulations pertaining to materials prepared by any
candidate for a municipal election, including costs thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER, as follows:
SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California,
each candidate for elective office to be voted for at the Special Municipal Election to be held in the
City of Chula Vista on November 7, 2000, may prepare a candidate's statement on an appropriate
form provided by the City Clerk. Such statement may include the name, age and occupation of the
candidate and a brief description of no more than 200 words of the candidate's education and
qualifications expressed by the candidate himself or herself. Such statement shall neither include the
party affiliation of the candidate nor membership or activity in partisan political organizations. Such
statement shall be filed in the Office of the City Clerk no sooner than July 17 and no later than 5:00
p.m. on Friday, August 11, 2000. Such statement may be withdrawn, but not changed, during the
stated period and until 5:00 p.m. on Monday, August 14, 2000.
SECTION2. The City Clerk shall estimate the total cost ofprinting, handling, and mailing
the candidate's statements filed pursuant to the Elections Code and require each candidate filing a
statement to pay in advance his or her pro rata share as a condition of having his or her statement
included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of
the deposit and shall refund any unused portion of any deposit.
SECTION3. The CityClerk shall provide each candidate, orthecandidate'srepresentative,
a copy of this Resolution at the time his or her candidate's statement is filed.
Submitted by: Approved as to form:
] I i I r
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chula
Vista, California, this 11th day of July, 2000, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, CMC/AAE, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2000-__ was duly passed and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 11~h day of July, 2000.
Executed this 12th day of July, 2000.
Susan Bigelow, CMC/AAE, City Clerk
COUNCIL AGENDA STATEMENT
Item ;~;
Meeting Date 7/11/00
ITEM TITLE: A, Emergency Ordinance Adding Sections 9,16.027 through
9.16.032 to the Chula Vista Municipal Code relating to the Possession
of Clonazepam
B. Ordinance Adding Sections 9.16,027 through 9.16.032 to the
Chula Vista Municipal Code relating to the Possession of Clonazepam
SUBMITTED BY: ' '
REVIEWED BY: ;~/ (4/5ths Vote: Yes X No_).
During the past year there has been an increase among young adults and juveniles in possessing
the drug Clonazepam. An amendment to the Health and Safety Code in the 1984 legislation
unintentionally allowed persons to possess Clonazepam without a doctor's prescription. The drug
- is now considered popular as a "recreational drug" of choice among high school students and has
been associated with several sexual assaults.
RECOMMENDATION:
That the City Council approve an emergency ordinance (Attachment A) prohibiting the possession
of Clonazepam without a valid prescription.
BOARD/COMMISSIONS RECOMMENDATIONS: NIA
BACKGROUND:
Prior to the 1964 Legislative Session, the possession of Clonazepam, without a prescription, was a
felony per section 11377 of the Health and Safety Code. Clonazepam is a specified, Schedule IV,
non-narcotic drug. During the 1984 Legislative Session, Assembly Bill 3876 amended the Health and
Safety Code creating a new statute making it a misdenqeanor or a felony for any person to possess
for sale, or sell, any of the substances listed as Schedule IV, non-narcotic drugs. The language used
in the creation of Assembly Bill 3876 unintentionally negated portions of Section 1377 of the Health
and Safety Code and allowed persons to possess CIonazepam without a Doctor's prescription. The
use of Clonazepam has become increasingly common and problematic for law enforcement
throughout San Diego. The County of San Diego, Board of Supervisors, has requested individual
cities pass an emergency ordinance establishing a combined regional effort to effectively combat and
deal with the problem of Clonazepam until such time that a permanent solution can be established
through the passing of proper state legislation.
Item ~"
Meeting Date 7/11/00
DISCUSSION:
The proposed ordinance (Attachment A) would make the possession of Clonazepam without a
proscription a misdemeanor criminal offense. Clonazepam is an extremely strong prescription
medication used in the treatment of anxiety disorders and preanesthetic medication. It is an
anticonvulsant with a pharmacological profile similar to other anxiolytic/sedative benzodiazepines.
One of the significant effects of the drug is anterograde amnesia. In addition to the chemically
induced amnesia, Clonazepam often causes decreased blood pressure, drowsiness, visual
disturbances, dizziness, confusion, disorientation, serious motor impairment, and if ingested in high
doses, could lead to coma and respiratory failure. Users of the drug report effects similar to
intoxication.
Unfortunately, CIonazepam is being used as a recreational drug by adults and is also a drug of
choice for many juveniles. Clonazepam can be easily obtained in Mexico, for approximately $.25 a
pill without a prescription and is resold in the United States for approximately $1.00 per pill.
Clonazepam is commonly found in middle schools, high schools, and college campuses. Staff has
also identified several documented cases where Clonazepam has been used to facilitate sexual
assaults. Clonazepam's popularity with juveniles and adults is increasing. Police officers do not
have the legal authority to seize this dangerous drug from adults or juveniles since mere possession
of Clonazepam without a prescription is not illegal.
The Chula Vista Police Department reports a steady increase in the abuse of this drug by juveniles.
Specifically, during the last two years eight (8) sexual assaults wero reported involving the use of this
drug. During the last three years, twenty-five (25) students at local area high schools were found
in possession of 10-80 pills at a time. Clonazepam is commonly referred to on the street as the
"dollar date" because each tablet costs a dollar. The orug is colorless, odorless and tasteless. Due
to the hypnotic, sedative and nervous system depressive action of Clonazepam, its effects are
enhanced when mixed with alcohol. Symptoms related to Clonazepam begin within 30 minutes, peak
within 2 hours, and may persist for up to 8 hours or more, depending upon the dosage.
There was an attempt to correct the legal loophole created by 1984 Assembly Bill 3876. In January,
2000, Assemblyman Howard Wayne introduced Assembly Bill 163 which would have prohibited the
possession of Clonazepam without a valid prescription. However, staff has discovered that the bill
recently failed in Committee and that Assemblyman Wayne did not seek reconsideration. At this
point he does not intend to reintroduce the bill next year. For that reason, the proposed ordinance
does not contain a sunset provision.
FISCAL IMPACT: There is no fiscal impact related to the adoption of this emergency ordinance.
There should be no additional staff required to implement these changes.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA
VISTA ADDING SECTIONS 9.16.027 THROUGH
9.16.032 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO THE POSSESSION OF
CLONAZEPAM
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: Sections 9.16.027 through 9.16.032 are hereby added to Chapter 9.16 of the
Chula Vista Municipal Code to read as follows:
9.16.027 Purpose.
The City Council for the City of Chula Vista finds and declares the following:
a. In addition to its legal uses, adults and juveniles are abusing clonazepam to
become intoxicated and/or to facilitate sexual assault.
b. There are reports of clonazepam being used to facilitate sexual assault.
c. There is a current and immediate threat to the public safety and welfare, in
that the use ofdonazepam by juveniles is increasing at an alarming rate in the
' 'l City due to its easy access, low price and .powerful effect.
d. Currently there is no law that prohibits mere possession Of clonazepam
without a valid prescription in that the passage Health and Safety Code
section 11375 (Possession for Sale or Sale of Designated Controlled
Substances) during the 1984 Legislative Session had the unintended legal
effect of making simple possession of several substances including
clonazepam legal.
9.16.028 Definitions.
For the purposes of this section, the below terms are defined as follows:
a. "Clonazepam" means any drug, substance or compound, whether legal or
illegal, that contains clonazepam as described in California Health and Safety
Code section 11057(d)(6).
///
9.16.029 Possession without valid prescription prohibited.
Except as authorized by law and as otherwise provided in subdivision (b) or Article 7
(commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code,
it is unlawful for any person to possess elonazepam or any substance that contains clonazepam
without a valid prescription.
9.16.030 Enforcement Procedure.
The City Attorney and the Chief of Police are authorized to administer and enforce the
provisions of this section.
9.16.031 Penalties.
Violations of Section 9.16.029 shall be punished in accordance with Chapter 1.20 of the
Chula Vista Municipal Code.
9.16.032 Strict Liability Offense.
Violations of this section shall be treated as a strict liability offense regardless of intent.
SECTION II: This ordinance shall take effect and be in full fc;rce and effect on the thirtieth
(30th) day after its adoption by the City Council.
Pr~ (5)~ Approved as to form by
RICHARD P. EMERSON JOHN M. KAHENY
Chief of Police City Attorney
2
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY
OF CHULA VISTA ADDING SECTIONS 9.16.027
THROUGH 9.16.032 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE
POSSESSION OF CLONAZEPAM
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: Sections 9.16.027 through 9.16.032 are hereby added to Chapter 9.16 of the
Chula Vista Municipal Code to read as follows:
9.16.027 Purpose.
The City Council for the City of Chula Vista finds and declares the following:
a. In addition to its legal uses, adults and juveniles are abusing clonazepam to
become intoxicated and/or to facilitate sexual assault.,
b. There are reports ofdonazepam being used to facilitatte sexual assaultl
' ~l c. There is a current and immediate threat to the public safety and welfare, in
that the use ofclonazepam by juveniles is i~creasing at an alarming rate in the
City due to its easy access, low price and powerful effect.
d Currently there is no law that prohibits mere possession of clonazepam
without a valid prescription in that the passage Health and Safety Code
section 11375 (Possession for Sale or Sale of Designated Controlled
Substances) during the 1984 Legislative Session had the unintended legal
effect of making simple possession of several substances including
clonazepam legal.
9.16.028 Definitions.
For the purposes of this section, the below terms are defined as follows:
a. "Clonazepam" means any drug, substance or compound, whether legal or
illegal, that contains clonazepam as described in California Health and Safety
Code section 11057(d)(6).
///
1
9.16.029 Possession without valid prescription prohibited.
Except as authorized by law and as otherwise provided in subdivision (b) or Article 7
(commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code,
it is unlawful for any person to possess clonazepam or any substance that contains clonazepam
without a valid prescription.
9.16.030 Enforcement Procedure.
The City Attorney and the Chief of Police are authorized to administer and enforce the
provisions of this section.
9.16.031 Penalties.
Violations of Section 9.16,029 shall be punished in accordance with Chapter 1.20 of the
Chula Vista Municipal Code.
9.16.032 Strict Liability Offense.
Violations of this section shall be treated as a strict liability offense regardless of intent.
SECTION II: This emergency ordinance shall take effect and be in full force and effect on
' '1 the day of its adoption by the City Council.
Presented by Approved as to form by
RIC P. EMERSON JOHN M. KAHENY
Chief of Police City Attorney
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY
OF CHULA VISTA ADDING SECTIONS 9.16.027
THROUGH 9.16.032 TO THE CHULA VISTA
MUNICIPAL CODE RELATING TO THE
POSSESSION OF CLONAZEPAM
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: Sections 9.16.027 through 9.16.032 are hereby added to Chapter 9.16 of the
Chula Vista Municipal Code to read as follows:
9.16.027 Purpose.
The City Council for the City of Chula Vista finds and declares the following:
a. In addition to its legal uses, ad~lts and juveniles are abusing clonazepam to
become intoxicated and/or to facilitate sexual assault.
b. There are reports of clonazepam being used to facilitate sexual assault.
c. There is a current and immediate threat to the public safety and welfare, in
that the use of clonazepam by juveniles is increasing at an alarming rate in the
City due to its easy access, low price and powerful effect.
d. Currently there is no law that prohibits mere possession of clonazepam
without a valid prescription in that the passage Health and Safety Code
section 11375 (Possession for Sale or Sale of Designated Controlled
Substances) during the 1984 Legislative Session had the unintended legal
effect of making simple possession of several substances including
clonazepam legal.
9.16.028 Definitions.
For the purposes of this section, the below terms are defined as follows:
a. "Clonazepam" means any drug, substance or compound, whether legal or
illegal, that contains clonazepam as described in California Health and Safety
Code section 11057(d)(6).
///
9.16.029 Possession without valid prescription prohibited.
Except as authorized by law and as otherwise provided in subdivision (b) or Article 7
(commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code,
it is unlawful for any person to possess clonazepam or any substance that contains clonazepam
without a valid prescription.
9.16.030 Enforcement Procedure.
The City Attorney and the Chief of Police are authorized to administer and enforce the
provisions of this section.
9.16.031 Penalties.
Violations of Section 9.16.029 shall be punished in accordance with Chapter 1.20 of the
Chula Vista Municipal Code.
9.16.032 Strict Liability Offense.
Violations of this section shall be treated as a strict liability offense regardless of intent.
SECTION II: This emergency ordinance shall take effect and be in full force and effect on
' "l the day of its adoption by the City Council.
Presented by Approved as to form by
RIC P. EMERSON
Chief of Police
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA
VISTA ADDING SECTIONS 9.16.027 THROUGH
9.16.032 TO THE CHULA VISTA MUNICIPAL
CODE RELATING TO THE POSSESSION OF
CLONAZEPAM
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: Sections 9.16.027 through 9.16.032 are hereby added to Chapter 9.16 of the
Chula Vista Municipal Code to read as follows:
9.16.027 Purpose.
The City Council for the City of Chula Vista finds and declares the following:
a. In addition to its legal uses, adults and juveniles are abusing clonazepam to
become intoxicated and/or to facilitate sexual assault.
b. There are reports of clonazepam being used to facilitate sexual assault.
' '.~ c. There is a current and immediate threat to the public safety and welfare, in
that the use ofclonazepam by juveniles is increasing at an alarming rate in the
City due to its easy access, low price and powerful effect.
d. Currently there is no law that prohibits mere possession of clonazepam
without a valid prescription in that the passage Health and Safety Code
section 11375 (Possession for Sale or Sale of Designated Controlled
Substances) during the 1984 Legislative Session had the unintended legal
effect of making simple possession of several substances including
clonazepam legal.
9.16.028 Definitions.
For the purposes of this section, the below terms are defined as follows:
a. "Clonazepam" means any drug, substance or compound, whether legal or
illegal, that contains clonazepam as described in California Health and Safety
Code section 11057(d)(6).
///
9.16.029 Possession without valid prescription prohibited.
Except as authorized by law and as otherwise provided in subdivision (b) or Article 7
(commencing with Section 4211 ) of Chapter 9 of Division 2 of the Business and Professions Code,
it is unlawful for any person to possess clonazepam or any substance that contains clonazepam
without a valid prescription.
9.16.030 Enforcement Procedure.
The City Attorney and the Chief of Police are authorized to administer and enforce the
provisions of this section.
9.16.031 Penalties.
Violations of Section 9.16.029 shall be punished in accordance with Chapter 1.20 of the
Chula Vista Municipal Code.
9.16.032 Strict Liability Offense.
Violations of this section shall be treated as a strict liability offense regardless of intent.
SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth
(30th) day after its adoption by the City Council.
Prese ed by ~55~C~_ Approved as to form by
Chief of Police ~
COUNCIL AGENDA STATEMENT
' '1 Item &
Meeting Date 07/11/00
ITEM TITLE: Resolution Amending City Policy No.585-1 by expanding
the use of utility funds to reimburse all property owners for the cost of
undergrounding of private service laterals
SUBMITTED BY: Director of Public WorkSf tiff/
REVIEWED BY: City Manager~,7"0"u (4/5ths Vote: Yes No X )
The California Public Utilities Commission (CPUC) recently approved a revision to Rule 20A Utility
Funds by including additional item(s) of work eligible for reimbursement resulting from the
conversion of the overhead utilities to underground. This is being implemented as an incentive to
property owners to help defray the cost of their respective work. Approval of this amendment will
add new reimbursement to property owners for all or a portion of the conversion of customer meter
panel for service connection. This amendment will also increase the existing reimbursement amount
(per liner foot) for trenching and electrical conduit installation from $30 to $35. Council Policy No.
585-1 must now be amended.
RECOMMENDATION: That Council approve the resolution amending Council Policy No. 585-1
by expanding the use of utility funds to reimburse all property owners for the cost of undergrounding
of private service laterals.
BOARDS/COMMISSIONS RECO1VIMENDATION: Not applicable.
DISCUSSION:
The Council Policy No. 585-1 (see attachment 1), as amended by Resolution 16934 on December 12,
1992, approved the use of the San Diego Gas & Electric Company's (SDG&E) Rule 20A utility fnnds
to reimburse property owners of not only single-family residential properties but also commercial and
multi-family dwelling units (condominiums and apartments) as well. This policy applies to all that
are affected by the conversion of the overhead utilities to underground. The current policy is to
reimburse affected property owners only for trenching and underground conduit installation from the
point of connection at the property line to the property's electric meter location.
I. BACKGROUND
On December 6, 1999, the California Public Utilities Commission (CPUC) approved a revision to
San Diego Gas & Electric's (SDG&E) Rule 20, "Replacement of Overhead with Underground
Electric Facilities." to include the cost or portion of the cost of any meter panel conversion resulting
from the undergrounding work. The CPUC, in its recent ruling, has given the local agencies and/or
municipalities the option of funding all or portion of the conversion of customer meter panel costs '
as part of the overall private property undergrounding work. This option, if approved by the City
Council, is in addition to the underground conduit and trenching reimbursement credit for private
property conversion that is already in place. SDG&E was consulted and agreed that the proposed
changes to the current Council policy regarding the new reimbursements, as shown in attachments
i I[
Page 2, Item ~
Meeting Date 07/11/00
2 and 2(a) and further explained below, are reasonable. The additional funding will come from the
existing City Rule 20A allocations from SDG&E and will not require any City funding. City cost
will be minimal and will be mainly on the cost of administering the program, which is already being
incurred.
The revision was made due to concerns expressed by other Cities regarding the cost of the conversion
incurred by the property owners. The electric meter panel conversion was cited as one primary factor
for the delay in the completion of undergrounding projects. It is for this reason that some property
owners are often reluctant or unable to pay the share of the conversion of their respective overhead
service. Currently, three undergrounding districts, which were formed in the last five months, are
scheduled for conversion later this year. Staff has already received numerous calls from property
owners expressing their concern about not being fully able to finance this conversion under the
existing reimbursement policy.
II. CURRENT REIMBURSEMENT, TRENCHING AND COUNDUIT INSTALLATION
The current undergrounding policy is to reimburse property owners for trenching and underground
conduit installation only. Furthermore, the CPUC regulation limits the maximum reimbursable
trenching and conduit work to 100 feet. Reimbursement is based on the actual (finished) length of
the electrical service trench measured from the point of connection to the meter location. Saw cutting
patios, driveway and other cost associated with trenching and installing conduits are not eligible. The
same is true to other equipment needed to complete the conversion. This amendment will increase
the existing reimbursement for trenching and underground conduit installation from $30 to $35 a foot
to compensate for the inflation rate. In most cases, the proposed reimbursement will be sufficient
to cover the cost of trenching and underground conduit installation. This reimbursement, however,
is only for electrical and is not available for cable television or telephone conversion. Cable TV and
telephone are providing the trenching, conduit and service wires up to 100 feet at no cost to the
property owners. The reimbursement costs for this work for the next three districts are as follows:
Total
Length @$30/Ft @$35/Ft Increase
1. Broadway 145 ft $ 4,350 $ 5,075 $ 725
2. Fourth Ave. 2,684 ft $80~520 $ 93,940 $13,420
3. Orange Ave. 231 ft $ 6,930 $ 8,085 $ 1,155
Total $91,800 $107,100 $15,300
III. ADDITIONAL REIMBURSEMENT, METER PANEL CONVERSION
This conversion will also require each property to install above ground conduits and other equipment
to connect the underground service to the existing meter panel. At times, the above ground work can
be very significant in terms of cost since the complexity of this type of work is so varied. A typical
service connection to the meter service panel is accomplished by installing an underground service
"Pull Can" or a "Myers" adapter. The type of equipment installation required (see attachment 3)
depends on the existing electrical usage or future needs of the property owner. Installing a "Pull
Can" offers the easiest and cheapest way to connect to the underground service lateral conductors.
A pull can is an electrical box installed next to a meter panel and is used to pull and splice conductor
/
Page 3, Item &7
_, Meeting Date 07/11/00
wires to and from the electric panel and the underground service connections. A Myers adapter is
more expensive but provides a cleaner look. This adapter bolts directly to the meter panel to allow
a direct connection of the conduit and conductors to the meter panel.
The new reimbursement will be for the portion of the modifications to the existing electrical meter
panel only and will be limited to the installation of a "Pull Can" or a "Myers" adapter on existing
residential meter panel. Other required above ground work will not be reimbursable. Regardless of
the type of installation and the actual cost incurred by the property owner and in addition to the $35
per foot described earlier, this work will be reimbursed at $300 for commercial and residential
properties or $400 for commercial and multi-family dwelling units (apartments and condominiums)
with at least 200-ampere service panel only. SDG&E will provide all the necessary information to
each property owner prior to the start of any conversion project. Based on these figures and
assuming that all affected property owners will do the meter conversion, the estimated 20A funding
cost for the next three districts will be as follows:
Number
of Meters Unit Cost Total
1. Broadway 30 ea. $400 $12,000
2. Fourth Ave. 105 ea. $300 $31,500
- 3. Orange Ave. 12 ea. $300 $ 3,600
Total $47,100
IV. CONCLUSION
The cost of increasing the trenching reimbursement from the current rate of $30 per foot to $35 will
be $15,300, while the cost of the proposed meter conversion will add another $47,100 to the total
cost of the proposed reimbursements. Approximately $62,400 ($47,100 plus $15,300) of additional
reimbursement will be needed to complete these three projects. The additional increase in
reimbursement will apply to both current and future undergrounding projects and will not require any
additional City funding.
FISCAL IMPACT: The cost of the next three undergrounding projects, which includes the removal
of all poles within the district boundaries, undergrounding all overhead facilities, and the
reimbursements to property owners for their respective conversion projects, is estimated to be
approximately $2,015,400 ($1,953,000 original amount plus $62,400 additional.) SDG&E's
Allocation Funds (Rule 20-A) will cover the cost of the undergrounding projects. Staff costs
associated with the formation and/or administrations of these underground districts are not
reimbursable from the allocation funds and, therefore, are borne by the general fund.
Attachments: 1) Existing City Policy 585-1
- 2) Proposed revision to City Policy 585-1, and
2(a) City Policy 585 with revision
3) Service Guide
File No: 0810-20-KY078
H:\HOME\ENGINEER\ADVPLAN\CP585-1 .rdj.doc
COUNCIL POLICY
CITY OF CHULA VISTA
SUB, IF_IqT: USE OF UTILITY FUNDS FOR UNDERGROUND POLICY EFFECTIVE
CONVERSION OF PPJVATE SERVICE NUMBER DATE PAGE
,,A~RALS
585-01 12-15-92 1 OF 2
ADOPTED BY: Resolution No. 16934 ] DATi;-D: 12-15-92
BACKGROUND
In 1982, the California Public Utilities Commission (CPUC) by Decision 82-01-18 gave the authority to the
local agencies to request electric utilities to expand allocation funds for the conversion of electric lateral
services for each customer in utility allocation funded undergrounding districts. On October 18, 1983, Pacific
Telephone (now Pacific Bell) Fried a change in tariff with the CPUC so that communications utilities would
also be in conformance with Decision 82-01-18. Cox Cable 'IV, is not governed by the CPUC, but chooses to
cooperate with the program by providing conduit and service wires up to 100 feet in length at no cost to the
single family residence.
Decision 82-01-18 provides the ;mechanism to reduce the property owner's cost for the conversion ~'om the
distribution line to the residence. This cost depends on the distance from the property line to the point of
connection with the customer's wiring and varies from customer to customer.
The CPUC decision permits the use of utility funds to provide up to 100 feet of the property ownet's service
lateral (trenching and conduit). The net result is a reduction is cost that will benefit the individual property
owner. Under the City Code it is the property owner's responsibility to provide and maintain the underground
supporting structure needed on the propen3?.
PURPOSE
To establish a policy for the use of utility funds for conversion of the customer's service laterals to encourage
proper~ owner acceptance for desirable conversion district projects.
POLICY
The City Council establishes the following policy for the use of utility funds for underground conversion of
private service laterals:
1. General Provisions
k Funding shall be limited to facilities which customer traditionally supplies/installs - trenching and
conduit from property line to point of connection.
B. Funding shall not exceed the estimated cost of u'enching and conduit installation for up to 100 feet
of the private service lateral.
2. Iml~lementation Procedures
a. The use of utility funds to convert private service laterals shall be recommended by the City's Utility
Undergrounding Advisory Committee (UUAC).
Attachment 1
= , r
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: USE OF UTILITY FUNDS FOR UNDERGROUND POLICY F_,FFECTPu/E
CONVERSION OF PRWATE SERVICE NIj~ DATE PAGE
585-01 12-15-92 2 OF 2
ADOPTED BY: Resolution No. 16934 1 DATED: 12-15-92
b. UUAC members shall determine the length of lateral (trenching and conduit) that is (1) eligible for
utility funding for each property within the conversion district and (2) the length of conduit and
wire that the appropriate cable company will provide flee of charge to each residential property.
c. UUAC members shall agree on a "reasonable" cost per linear foot of lateral conversion.
d. UUAC utility member representatives shall agree on the proportional split each utility is to bear for
conversion of the service laterals.
e. AJI owners within the conversion district shall be informed of the utility fund amount proposed to
be reimbursed prior to the public hearing on the conversion district formation.
f. Council shall set the limit for each amount of reimbursement to be applied to each service lateral by
resolution. The amounts shall be those recommended by the UUAC or as amended by Council
pursuant to public hearing deliberations.
g. Utility companies shall pay City the total proportional shares specified in "E" above when:
(1) all the customers have satisfactorily completed their service lateral conversion, and
(2) the electric metering equipment has passed a City inspection certifying it ready to receive
underground service.
h. The City shall then pay the amount of reimbursement due each owner after receipt of funds from
the utility companies.
NOTES: (1) The service lateral shall be defined as: trench, backfill, and any necessary conduit from the
customer's property line to the underground sweep at the base of the customer's termination
facility. In those cases where the service conduit enters the customer's building, the service
lateral will terminate at the point where the conduit enters the building.
(2) For the purpose of this policy utility is defined as any company providing electric, telephone
communications, cable television and data transmission services.
ORIGINAL RESOLUTION ADOPTING THIS POUCY WAS: 11977 APPROVED 4-02415.
Attachment 1
The following are changes to be made to the current City Policy No.585-1.
COUNCIL POLICY
CITY OF CHULA VISTA
Subject: USE OF UTILITY FUNDS FOR Policy Effective Page
UNDERGROUND CONVERSION OF Number date
PRIVATE SERVICE LATERALS
585-1 07/I 1/00 1OF3
Adopted By: Resolution No. Dated: 07/11/00
BACKGROUND
In 1982, The California Public Utilities ..............in conformance with Decision 82-01-18. Cox
Cable TV (now Cox Communications), is not .................at no cost to the single family residence.
Decision 82-01-18 provides ....................................from customer to customer
On December 6, 1999, the California Public Utilities Commission (CPUC) approved a revision to
San Diego Gas & Electric's (SDG&E) Rule 20, "Replacement of Overhead with Underground
Electric Facilities ", allocation funds. This revision of SDG&E Rule 20 gives the City the option to
fund the conversion of the electric meter panel cost as part of the allocation costs.
The CPUC decision permits the .......................................... lateral (trenching and
underground conduit) and all or portion of the cost of modifications to the existing overhead
electrical service panel and/or installation of '~oull can ". The net result is a reduction in cost that
will .................................... needed on the property.
POLICY
The City Council establishes .................................................................private service laterals:
1. General Provisions
A. Funding shall be limited to the following facilities which customer traditionally
supplies/installs: trenching and conduit from properly line to point of connection.
(1) Trenching and underground conduits from property line to point of connection.
(2) Portion of electric service panel conversion and/or 'Bull can, installation.
B. Funding shall not exceed the esthnated cost of trenching and conduit installation for up to 100
feet of the private service lateral be as follows:
~- ~ Attachment 2
I I ·
-~ CP585-1 -2- 6/28/2000
(1) Cost of the trenching and conduits within the trench not to exceed thirty-five dollars per
linear foot ($35/LF) for the required length of trenching on the property up to a maxinutm
of lOO feet.
(2) Residential and commercial underground work requiring the installation of a service
connection box, commonly called as "Pull Cans, "and/or electric service panel conversion
(installation of "Myers" adapter) of existing meter service panel will be reimbursed $300.
Commercial and multi-family dwelling units (apartments and condominiums) with at least
200-ampere service panel will be reimbursed $400.
2. Implementation Procedures
a. The use of utility funds to convert private service laterals shall be recommended by the City's
Underground Utility Advisory Committee (UUAC).
~a-A. Underground Utility Advisory Committee (UUA C) UUAG members shall determine the length
of service laterals (trenching and underground conduits) and electricpanel conversion that is
(1) eligible for utility funding for each property within the conversion district and (2) the
' 1 length of conduit and wire that the appropriate cable utility company will provide free of
charge to each residential company.
-e- B. UUAC members shall agree on a "reasonable" cost per lineal foot of lateral conversion and
electric panel conversion. Thi~ cost shall be reviewed and updated if necessary to compensate
for the inflation rate.
d. UUAC utility member representatives shall agree on the proportional split each utility is to
bear for conversion of the service laterals.
~e- C. All property owners within the conversion district shall be informed of the estimated utility
fund proposed to be reimbursed for reimbursement prior to ......................... on the
conversion district formation.
f. Council shall set the limit for each amount of reimbursement to be applied to each service
lateral by resolution. The amount shall be those recommended by the UUAC or as amended
by Council pursuant to public hearing deliverations.
D. The City shall inform San Diego Gas & Hectric (SDG&E) in writing as to the final amount of
utility filMs required for work on private property within 30 days of the established "Customer
Ready Date" as approved by the City Council. SDG&E shall deposit into the City account the
~ I requested funds within 30 days of the receipt of the City's written notice.
~ E. Utility companies shall pay City the total proportional shares specified in AF~ above whe.n:
~ - ~/ Attachment 2
"1 CP585-1 -3- 6/28/2000
The City shall pay the appropriate amount of reimbursement due each property owners when.'
(1) all the customers have The custoTner has satisfactorily ...............lateral conversion, and
(2) the electric metering ........................................to receive underground service, and
(3) the property owner has submitted to the City a signed statement certifying to the cost of
the service lateral conversion work to include the extent of the "Pull Can ' and/or electric
panel conversion work on the propelS. Copies of the dontractor's invoice pel~ahHng to
the work performed and SDG&E's "Electric Meter and Service Location "form shall be
attached to the signed statement.
-h- F. The City shall then pay the amount of reimbursement due each owner after receipt of funds
from the utility companies. Within 30 days after SDG&E's official notice to the City that all
electric service conversions within the district have been completed, the City shall refund to
SDG&E any monies not disbursed to the property owners.
ALL OTHER PART OF THE POLICY TO REMAIN THE SAME
H :\HOME\ENGINEER~ADVPLAN\CP585 - 1 A. rdj. doc
Attachment 2
· 1 r
COUNCIL POLICY
CITY OF CHULA VISTA
'~1 Subject: USE OF UTILITY FUNDS FOR UNDERGROUND Policy Effective
CONVERSION OF PRIVATE SERVICE LATERALS Number Date Page
07/11/00 1 OF 3
Adopted By: Resolution No. ~ Dated: 07/11/00
BACKGROUND
In 1982, the California Public Utilities Commission (CPUC) by Decision 82-01-18 gave the authority to the
local agencies to request electric utilities to expand allocation funds for the conversion of electric lateral
services for each customer in utility allocation funded undergrounding districts. On October 18, 1983, Pacific
Telephone (now Pacific Bell) filed a change in tariff with the CPUC so that communications utilities would
also be in conformance with Decision 82-01-18. Cox Cable TV (now Cox Communications), is not governed
by the CPUC, but chooses to cooperate with the program by providing conduit and service wires up to 100
feet in length at no cost.
Decision 82-01-18 provides the mechanism to reduce the property owner's cost for the conversion from the
distribution line to the residence. This cost depends on the distance from the property line to the point of
com~ection with the customer's wiring and varies from customer to customer.
On December 6, 1999, the California Public Utilities Commission (CPUC) approved a revision to San Diego
_ Gas & Electric's (SDG&E) Rule 20, "Replacement of Overhead with Underground Electric Facilities",
"l allocation funds. This revision of SDG&E Rule 20 gives the City the option to fund the conversion of the
electric meter panel cost as part of the allocation costs.
The CPUC decision permits the use of utility funds to provide up to 100 feet of the property owner's service
lateral (trenching and underground conduit) and all or portion of the cost of modifications to the existing
overhead electrical service panel and/or installation of "pull can". The net result is a reduction in cost that
will benefit the individual property owner. Under the City Code it is the property owner's responsibility to
provide and maintain the underground supporting structure needed on the property.
PURPOSE
To establish a policy for the use of utility funds for conversion of the customer' s service laterals to encourage
property owner acceptance for desirable conversion district projects.
POLICY
The City Council establishes the following policy for the use of utility funds for underground conversion of
private service laterals:
1. General Provisions
Funding shall be limited to the following facilities which customer traditionally supplies/installs:
(1) Trenching and underground conduits from property line to point of connection.
(2) Portion of electric service panel conversion and/or "pull can" installation.
Attachment 2(a)
1
COUNCIL POLICY
CITY OF CHULA VISTA
Subject: USE OF UTILITY FUNDS FOR UNDERGROUND Policy Effective
CONVERSION OF PRIVATE SERVICE LATERALS Number Date Page
07/11/00 2 OF 3
Adopted By: Resolution No. Dated: 07/11/00
A. Funding shall be as follows:
(1) Cost of the trenching and conduits within the trench not to exceed thirty-five dollars per
linear foot ($35/LF) for the required length of trenching on the property up to a maximum of
100 feet.
(2) Residential and commercial underground work requiring the installation of a service
connection box, commonly called as "Pull Cans," and/or service panel conversion
(installation of "Myers" adapter) of existing meter service panel will be reimbursed $300.
Commercial and multi-family dwelling units (apartments and condominiums) with at least
200-ampere service panel will be reimbursed $400.
2. Implementation Procedures
A. Underground Utility Advisory Committee (UUAC) members shall determine the length of service
laterals (trenching and underground conduits) and electric panel conversion that is (1) eligible for utility
funding for each property within the conversion district and (2) the length of conduit and wire that the
appropriate utility company will provide free of charge.
B. UUAC members shall agree on a "reasonable" cost per lineal foot of lateral conversion and electric
panel conversion. This cost shall be reviewed and updated if necessary to compensate for the inflatiofi
rate.
C. All property owners within the conversion district shall be informed of the estimated utility fund
amount proposed for reimbursement prior to the public hearing on the conversion district formation.
D. The City shall inform San Diego Gas & Electric (SDG&E) in writing as to the final amount of utility
funds required for work on private property within 30 days of the established "Customer Ready Date"
as approved by the City Council. SDG&E shall deposit into the City account the requested funds
within 30 days of the receipt of the City's written notice.
E. The City shall pay the appropriate amount of reimbursement due each property owners when:
(1) The customer has satisfactorily completed their service lateral conversion,
(2) the electric metering equipment has passed a City inspection certifying it ready to receive
underground service, and
Attachment 2(a)
! li
COUNCIL POLICY
CITY OF CHULA VISTA
Subject: USE OF UTILITY FUNDS FOR UNDERGROUND Policy Effective
CONVERSION OF PRIVATE SERVICE LATERALS Number Date Page
07/11/00 3 OF 3
Adopted By: Resolution No. Dated: 07/11/00
(3) the property owner has submitted to the City a signed statement certifying to the cost of the
service lateral conversion work to include the extent of the "Pull Can" and/or electric panel
conversion work on the property. Copies of the contractor's invoice pertaining to the work
performed and SDG&E's "Electric Meter and Service Location" form shall be attached to the
signed statement.
F. Within 30 days after SDG&E's official notice to the City that all electric service conversions within the
district have been completed, the City shall refund to SDG&E any monies not disbursed to the property
NOTES:
(1) The service laterals shall be defined as: trench, backfill, and any necessary conduit from the
customer' s property line to the underground sweep at the base of the customer's termination
facility. In those cases where the service conduit enters the customer's building, the service
'l lateral will terminate at the point where the conduit enters the building.
(2) For the purpose of this policy utility is defined as any company providing electric, telephone
communications, cable television and data transmission services.
H:\HOME\ENGiNEER\ADVPLAN\CP585 IB.rdj.doc
Attachment 2(a)
-- ALU~.;-~ADLL I¢.LiHODS FOR RESIDENTIAL
_'~L'g.~ S E RVIC E 'b U I D E ELECTRIC 5ERVI~ COORSION
1996/97
EXISTING O~RH~D SERVICE EQUIPMENT TO BE REMO%~D BY CUSTOMER
__ TO MPER
CONDUIT RISER SIZE UG SERVICE '
FI 7
~ED ON SLUICE PULL CAN
EXI~ING
EQUIPMENT ~AC~
SURFACE
M~ER SOCK~ ~ ] j" MIN.
EXISTING G DE
UG SERVICE GURE 2 L~O ~EGREE E~OW
PULL CAN
RISER AND PULL CAN 2 MIN. ~DIUS
D~AIL
CONDU~ RISER (SEE NOTE 6)
FIGURE 1 G~K~ED COVER (S~B~)
MYERS ADAPTOR RING
RISER X ,
SEMI--FLUSH ~
M CK I ~l} t~ i FRO~ VIEW
- ~. s~/~- . ~-- 2
:.~ ~5"~
~ i ' - ..
t..E-:.R-2~. 2.30 AMFL~ , ~ ~B ~ ~.,
% BOSOM VJ~¢~ "'~"1"~'~
F1GUR[ 3 FIGURE
MER ADAPTOR M~ER ADAPTOR
D~AIL
1. Customer will provide suitchic trench from conduit r~ser to prope~y
i~ne, or source. Consult with Plonner. See poses 3370. I-3371.5 for
trench ond utility Bositionlng details.
2. Customer will prowde ond in~all suitchic conduit from elbow to
prope~y line, or source. Consult with Planner.
~. Customer will provide ond instoll ~11 equipment needed to modify seNice
entrance when chonging from overheod to underground se~ice.
_ ~- Son Diego G~s & Electric Company will furnish and instoll UG se~ice
conducto~ ond moke connections at se~ice pull con.
5. The meter od~ptor shown in Rgure 3 ~s approved for
single-meter r~s~dentio~ equipment ~nstallotlons only. Multiple meter ..
conversions will require use of a i~ne gutter.
if seduce entronce conductors ore energized, controctor
energized or "hot". ~ -/~ .~ ~tta~hment 3
"" ...... OVERHEAD TO UNDERr-~OUND SERVICE 302
· SERVICE UIDE CON~ERS,ON - CONTgACTOR & SDG&E 4-21-95
I 1996/97 CREW COORDINATION ME'THODS
.~-CONNECTIONS BT, CONTRACTOR
"1~ JUNCTION BOX CONNECTION
1. Contractor completes instollotlon of UG pull con, UG riser,
conduit, junction box, wire from junction box to pull con and
OPEN LOOP AND BOND connects temporary jumpers to service drop and Iondlng lugs.
OR JUNCTION BOX,
WITH S[.ADNO SCRDNS, If sentlee entrance conductone ore energized, contractor to
SIZED PER CODE AND identify as energized.
BONDED TO OLD RISER
2. SDG&E installs new UG service conductors to pull con. On
C- USTOMER
PU.LIZ ~ I~ CO S C inspection, SDG&E removes temporory jumpers and OH service
CAN~ ~ drop. Connects wires in pull con, seals pull con and junctbn
SDG&E MAY INSTALL box and resets or roseate meter as required.
1TJ4PORARY ERVI E DROP
CONDUCTORS FOR JOB
COORDINATION. MYERS METER ADAPTeR CONNECTION
Ni'W SERVICE ENTRANCE 1. The meter adopter may be installed either for left or right
NDUCTORS BY CUSTOMER hand feed by simply reversing' the direction of insertion
into the existing meter socket.
:::2:E:OCKET: 2. On request, permission is granted by the Plenner for the
I
contractor to break meter seal, pull meter and insert in
the adopter. The meter adopter is bussed through so the
FIGURE 1 unit may be inserted into the existing meter socket, the
screw type sealing ring furnished with the unit installed in
the groove of the adopter ring and over the existing socket
f PULL BOX AREA ring, and when thus securely in place, the existing meter
'M~E=R ADAPTeR insetLed in the adopter will operate correctly still connected
to the overheed service.
Q Q 3. After contractor installs underground service conduit, SDG&E
Inspector approves, and the utility receives inspection
' clearance from the authority having jOrisdiction, a joint
~ e ~ meet will be scheduled and the following work performed:
d~J!J SDG&E Crew will:
'B E~' Pull meter and install service Io'~erol conductors into the pull box
of the meter adopter. Cut overhead service at drip loop. Swing
the meter adopter out from the meter socket.
Contractor will:
Pull enough neutral service entrance conductor down from
_ service conduit riser to reach through slot in meter socket to
i~ -- ~ ne~ral Jug lending in Dull box of the meter adopter. (Approx. 1E"
Remove phose wires from existing socket ilne terminals,
installation for unoerground sefYi,e, using Re--insert the meter adapter into existing socket (Feeding neutral
MYERS METER-ADAPTOR conductor through slot in adaptor ring).
Contractor will:
Connect neutral conductor to neutral terminal in pull box of the
meter adopter.
SDG&E Crew will:
I I Connect underground phase wires to upper terminals of the
)l meter adopter socket (No connection is mode to lower terminals),
t~ Insert meter in meter adopter and energize underground service.
~l Reseol meter and seal the meter adopter.
._"L. 4. Conversion is completed w~h SDG&E removal of OH service
i(~)i' --OLD METER drop and Contractors removal of OH service entrance conductors
_G~)_,~ L~ ,~.SOCKET_ end conduit riser.
-. OLD 2-WIRE METER CONNECTION
SERVIC~ SWITCH 1. Contractor installs new meter panel, UG riser, wire and nipple
--, be locked or taped in off position.
NEW UG COMBINATION PULL 2. SDG&[ installs UG service conductors. On inspection· SDG&E
AND METER CAN WITH disconnects OH servlce at weatherhead, connects new conductors
CIRCUIT BREAKER DISTRIBUTION to those on the load side of service switch, connects new UG
SECTION. service and sets meter.
3. Contractor to follow up with removal of sen/ice conduit, meter
Jibe;'r' CUSTOMER AND UT]LII~z-RESPONSIBILITIES 300
FOR UNDERGROUNE ,ISTALLATION TO ~-i-96
S E R V I C E G U 1 D E REPLACE OVERHEAD ELECTRIC SERVICE
1996/97
CONrTACT YOUR LOCAl. SAN DIEGO GAS &: ELECTRIC COMPANY
"1 OFFICE FOR AN 'ELECTRICAL SERVICE LOCATION' BEFORE
TRENCHING OR WIRING
(SEE PAGE 1)
///Z/~ ~zz~55 "E:EH F--
II
TO BE I I
REMOVED BY
II
II
· _/.ll
~"---TO BE REMOVED BY umLFrr
II
TO BE INSTALLED BY TtV~NSFDRMER P~~AY [ 'AT SOUR~.":'
: LLDHD
G~IDE PAGE 301, NOES 1 THRU 6 PROPERW LINE
CUSTOMER TO FURNISH, INSTALL, OWN & I,<AINTA]N
CONDU~T SiZE & NUMBER OF CONDUFT RUNS TO BE DESIGNED BY SDG&E. CONDUIT
MANUFACTURER MUST BE SDG&E APPROVED.
TRENCH PER SDG&E STANDARDS. BACKFILL SHTALL BE COMPACTED IN ACCORDANCE WITH
SDG&E AND LOCAL !~,_,-~NMEh,,q'~. REQUIREMENTS.
CONDUIT RISER I,,tINIMUM
BEND SIZE BENDING
PAD)US
2" 24"
3"
5"
CONDUIT RISER BEND MINIMUIvl BENDING RADIUS. MINllVlUI,,I SCHEDULE 40 PVC REQUIRED..
DO NOT CUT BENDS
SCHEDULE '-cO PVC ]S ALLQV,'ED INSIDE A EiUiLDINg WALL AND SCHEDULE 80 PVC IS
REQUIRED V,'HEN EXPOSED ON AN EXTERIOR WALL CONSULT WiTH APPROPRIATE BUILDING
INSPECTOR. FLEX CONDUIT !S NOT PERMJ"~',E'D. """ · .... ' .....
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CITY POLICY NO. 585-1 BY
EXPANDING THE USE OF UTILITY FUNDS TO
REIMBURSE ALL PROPERTY OWNERS FOR THE COST OF
UNDERGROUNDING OF PRIVATE SERVICE LATERALS
WHEREAS, Council Policy No. 585-1 was amended by
Resolution 16934 on December 15, 1992 to address the use of the San
Diego Gas & Electric Company's (SDG&E) Rule 20A Utility Funds for
the utility undergrounding conversions of private service laterals;
and
WHEREAS, Resolution 16934 approved the use of the utility
funds to reimburse property owners of not only single family
residential properties but also commercial and multi-family
dwelling units (condominiums and apartments) as well; and
WHEREAS, this policy applies to all property owners that
are affected by the conversion of the overhead utilities to
underground; and
WHEREAS, the current policy is to reimburse affected
property owners only for trenching and underground conduit
installation from the point of connection at the property line to
the property's meter location; and
WHEREAS, the California Public Utilities Commission
recently approved a revision to this ruling by including additional
item(s) of work eligible for reimbursement resulting from the
undergrounding work and is being implemented as an incentive to
property owners to help defray the cost of their respective work;
and
WHEREAS, approval of this amendment will add new
reimbursement to property owners for eligible item(s) of work and
increase the existing reimbursement amount (per linear foot) for
trenching and conduit installation from $30 to $35.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend City Policy No. 585-1 by
expanding the use of utility funds to reimburse all property owners
1
for the cost of undergrounding of private service laterals as set
forth in Exhibit "A".
Presented by Approved as to form by
John P. Lippitt . ah~
Director of Public Works City Attorn
[H:%HOME%ATTORNEY\RESO\Poljcy 585-1 Amendment (June 29, 2000 (228pm)]
I I ! 1[
~_~__t~....~
\
#1
Cuwn~ -jb 7;fg/w
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: ~
MEETING DATE: 07/11/00
ITEM TITLE: PUBLIC HEARING: CITY COUNCIL CONSIDERATION OF THE
ISSUANE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE
PROPOSED ROLLING HILLS RANCH AFFORDABLE SENIOR
HOUSING PROJECT
CITY COUNCIL RESOLUTION APPROVING THE ISSUANCE, SALE
AND DELIVERY OF MULTIFAMILY REVENUE BONDS BY THE
HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR AN
AFFORDABLE SENIOR RENTAL HOUSING PROJECT WITHIN THE
ROLLING HILLS RANCH MASTER PLANNED COMMUNITY
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ ,S ,
REVIEWED BY: EXECUTIVE DIRECTOR
BACKGROUND
The City of Chula Vista has received a request from Pacific Bay Homes, developer of the Rolling Hills
Ranch master planned community, to consider the issuance of tax exempt obligations to finance the
development of a 116 unit complex for low and moderate income senior citizens. The senior rental
housing project will be located on the south side of MacKenzie Creek Road where it intersects with
Mount Miguel Road within the Rolling Hills Ranch master planned community.
The developer is requesting that the Chula Vista Housing Authority be the vehicle for applying for
approximately $12 million in private activity bonds from the California Debt Limit Allocation
Committee (CDLAC). On June 20, 2000, the Housinq Authority adopted a resolution expressina its
preliminary intention to issue bonds. By expressing its preJiminary intent to issue bonds, the developer
is then allowed to receive reimbursement out of bond proceeds for actual costs it incurs leading up to
the actual sale of bonds.
Additionally, Section 147(f) of the Internal Revenue Code requires the private activity bonds to be
approved by a governmental unit having jurisdiction over the area in which the project is ~ocated
following o public hearing. A notice of such public hearing must be published a minimum of fourteen
days prior to the hearing and this hearing must take place no later than thirty days from the
application submittal date. At this time, it is requested that City Council hold a public hearing to
consider the issuance by the Housing Authority of the tax-exempt bonds for the financing of the project
and is asked to approve the issuance, sale, and delivery of multi-family housing revenue bonds by the
Housing Authority. The requested actions are necessary in order to allow the project developer to
complete its application to the State bonding authority.
PAGE 2, ITEM NO.: ?
MEETING DATE: 07/11/00
The developer has submitted an application for an allocation of the year 2000 state ceiling on private
activity bonds for multi-family projects from the California Debt Limit Allocation Committee (CDLAC).
The application process is a very competitive one, which needs to demonstrate readiness to complete
the project and strong support from the community. If successful in obtaining a bond commitment
from CDLAC, the developer plans to come back to the Authority to request the Authority's final
approval of the issuance of the bonds.
The issuance of the bonds is in the public interest due to the reservation of a minimum of 40 percent
of the units within the project as affordable housing for low-income households in compliance with
Section 142 (d) of the Internal Revenue Services code.
RECOMMENDATION
That the City Council conduct the required public hearing regarding the Housing Authority's intent to
issue tax-exempt obligations for the affordable senior housing project within the Rolling Hills master
planned community.
That the City Council adopt a resolution approving the issuance, sale, and delivery of multifamily
revenue bonds by the Housing Authority of the City of Chula Vista for the affordable senior housing
project within Rolling Hills Ranch.
BOARDS/COMMISSIONS RECOMMENDATION
On May 26, 1999, the Housing Advisory Commission voted to recommend the development of the
proposed senior housing project.
On September 7, 1999, the Design Review Committee reviewed the proposed plans and
recommended approval of the project.
DISCUSSION
The City's State-mandated Housing Element requires the provision of housing for all economic groups
and to distribute affordable housing developments throughout the City's jurisdiction. The City's
strategy to implement this mandate, the "Affordable Housing Program", is to require 10 percent (10%)
of any new subdivision in excess of fifty (50} units to made affordable for low and moderate income
families (5% low and 5% moderate) and to balance affordable housing development throughout the
City in the form of new development and rehabilitation of the existing housing stock. This translates
into a 131 unit low-income requirement for Rolling Hills Ranch (formally Salt Creek Ranch Planned
Community) and 131 moderate-income households. The developer is proposing to develop a 116
senior rental housing project to satisfy a portion of their low-income affordable housing obligation.
TI-tE PROPOSEI) PROJEC:T
The senior housing project will be located at the southwest end of the planned community within a multi-
family area identified in the Rolling Hills Ranch Development Phasing Plan as Neighborhood 4A (Exhibit
PAGE 3, ITEM NO.:
MEETING DATE: 07/11/00
1). This site is adjacent to the Cabo townhomes, the Thurgood Marshall Elementary School, and the
planned Rolling Hills Ranch seven-acre Neighborhood Park.
The project is planned as a three-story apartment building with target sizes ranging from 700 to 900
square feet. Floor plans will range from one bedroom and one bath to two bedrooms and two baths.
The buildings will be designed around courtyards with exterior corridors, a central exercise pool,
leasing/recreation center and on-grade parking (one-half covered). Occupancy will be restricted to
households with at least one member age 62 or older (Exhibit 2}.
Income, Rent, and Aqe Restriction
Section 142 (d) of the Internal Revenue Services code, requires a minimum of twenty percent of the
rental units in the Project to be available for occupancy by persons or families whose income does not
exceed 50 percent of the median income for the San Diego Primary Metropolitan Statistical Area, or
alternatively, at least 40 percent of the renta~ units are required to be available for occupancy by
persons or families whose income does not exceed 60 percent of the median income for the Area. In
each case, the units are to be made available at affordable rents established by the applicable State
law.
Affordable rental rates will not exceed thirty percent of fifty percent of the Area Median Income (AMI) or
alternatively thirty percent of sixty percent of AML This would equate to monthly rents of approximately
$538 for a one-bedroom unit for persons/households at 50 percent of AMI or $645 for
persons/households at 60 percent AMI. All senior units will be restricted for occupancy by senior
households with at least one member 62 years of age or older.
It is proposed that the income, rent, and age restrictions for the senior rental housing project wil~ be
maintained for a period not less than thirty years, consistent with the term of the bonds. However, the
current Affordable Housing Agreement with the developer requires a minimum period of affordability of
twenty years for this project. Should the developer receive a bond allocation, these affordability
restrictions will be dictated by the regulations of the bond financing and the Affordable Housing
Agreement may need to be amended to reflect such terms. The affordable housing commitment runs
with the land and will bind all subsequent owners.
Proposed Financincz of Project
The total cost of the entire development is estimated at $14,000,000. The developer is proposing to
finance this project through tax-exempt bonds, low income tax credit financing, and other sources.
Funds collected from the Salt Creek I Cabo Bahia project in the amount of approximately $280,000
are available for the development of affordable housing within Rolling Hills Ranch.
Approval of this resolution does not constitute a commitment of the Authority or the City to issue such
bonds. This resolution merely provides the opportunity for the developer to complete its application to
CDLAC. Final approval for the issuance of the bonds and all related bond documents will be
presented to the Housing Authority for approval at a later date.
FISCAL IMPACT
Conducting the public hearing and approving this resolution only indicates the City's approval of the
Authority to issue tax-exempt obligations should the developer be successful in obtaining an
PAGE 4, ITEM NO.:
MEETING DATE: 07/11/00
allocation. This resolution does not commit the Authority to issue bonds at this time. All costs related
to the issuance of the bonds will be paid from bond proceeds or profits. The bonds will be secured by
the project and will not constitute a liability or obligation to the Authority. Some staff costs will be
associated with monitoring compliance with the Regulatory Agreement. Those costs will be
reimbursed from an annual administrative and origlnation fee to be paid by Developer to the
Authority, which will be negotiated before the Authority approves the actual issuance of the bond. The
Developer will not be requesting financial assistance from the Redevelopment Agency to contribute to
the development of this project.
ATTACHMENTS 1. Locator Map
2. Elevation
HINES) H:\HOME\COMMDEV'~STAFF,REP\7-11 -O0\Rolling Hills TEF
Exhibit 1
'OR VALLEY
DSWELLROAD
j , /
LOCATIOH '
/
/
\,
/ , ',,
(ZHULA VISTA PLANNING AND BUILIZ)iNO DFPART~FNT
LOCA'T'OR ~.OJECT PACIFIC BAY ~ROPERTIES
PROJECT ' ' h
SCALE: I RUE NUMBER:
~,,, NORTH No Scale
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROV1NG THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY.
HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE
CITY OF CHULA VISTA FOR AN AFFORDABLE SENIOR RENTAL
HOUSING PROJECT WITHiN THE ROLLING HILLS RANCH MASTER
PLANNED COMMUNITY
WHEREAS, the Housing Authority of the City of Chula Vista (the "Authority") has
previously expressed its intent to issue multifamily housing revenue bonds (the "Bonds") to
finance the construction of a 116-unit multi family rental senior housing project (the "Project") to
be located in the City of Chula Vista to be owned by Pacific Bay Homes, a Califomia
corporation or one of its affiliates; and
WHEREAS, pursuant to Section 147(0 of the Internal Revenue Code of 1986, as
amended (the "Code"), the Bonds are required to be approved, following a public heating, by an
elected representative of the govermnental unit having jurisdiction over the area in which the
Project is located; and
WHEREAS, the Board of Commissioners of the Authority is made up of members which
have been appointed but not elected to their positions, and the City is the next higher
governmental unit with an applicable elected representative from which the Authority derives its
authority; and
WHEREAS, the Project is located wholly within the geographic jurisdiction of the City;
and
WHEREAS, the City Council is the elected legislative body of the City; and
WHEREAS, the City has caused a notice, attached hereto as Exhibit A, to appear in the
Star News, which is a newspaper of general circulation in the City, on June 23, 2000 to the effect
that a public hearing would be held by the City Council on July 11, 2000, regarding the issuance
of the Bonds by the Authority; and
WHEREAS, on July 11, 2000, the City Council held said public hearing, at which time
an opportunity was provided to present arguments both for and against the issuance of the
Bonds;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula
Vista, as follows:
Section 1. The City Council does hereby find and declare that the above recitals are
tree and correct.
Section 2. Pursuant to Section 147(I) of the Code, the City Council hereby approves
the issuance of the Bonds by the Authority in one or more series, in an aggregate principal
amount not to exceed $12,000,000 and with a final maturity not later than 33 years from the date
of issuance to finance the construction of the Project. It is the purpose and intent of the City
Council that this Resolution constitute approval of the issuance of the Bonds by the applicable
elected representative of the governmental unit having jurisdiction over the area in which the
Project is located, in accordance with said Section 147(0.
Section 3. This Resolution shall take effect from and after its adoption.
Presented by Approved as to form by
Chris Salomone
Community Development Director City Attorney
(Lhines) H:\HOME\COMMDEV\RESOS\CC Reso-Rolling Hills
COUNCIL AGENDA STATEMENT
Item: c /
Meeting Date: 7/11/2000
ITEM TITLE: Consolidated Public Hearings Regarding (1) the Declaration by the City
Council Of its Intention to Form and Establish Community Facilities District
No. 2000-1 (Sunbow It- Villages 5 through 10) and (2) the declaration of
Necessity to Incur a Bonded Indebtedness, Pursuant to the Provisions of the
"Mello-Roos Community Facilities Act of 1982", for the Purpose of
Acquisition of Certain Public Facilities through the Issuance of Bonds Secured
by Special Taxes
A) Resolution of the City Council of the City of Chula
Vista, California, Forming and Establishing Community Facilities District
No. 2000-1 (Sunbow II - Villages 5 through 10) and Authorizing
Submittal of Levy of Special Taxes to the Qualified Electors.
B) Resolution of the City Council of the City of Chula Vista,
California, Declaring Necessity to Incur a Bonded Indebtedness,
Submitting to the Qualified Electors of a Community Facilities District a
Proposition to Incur a Bonded Indebtedness Secured by a Special Tax Levy
to Pay for Certain Capital Facilities in Community Facilities District No.
2000-1 (Sunbow H - Villages 5 through 10), and Given Notice Thereon.
C) Resolution of the City Council of the City of Chula Vista,
California, Acting in Its Capacity as the Legislative Body of Community
Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10)
Declaring the Results of a Special Election in Such Community Facilities
District
D) Ordinance of the City Council of the City of Chula Vista,
California, Acting as the Legislative Body of Community Facilities
District No. 2000-1 (Sunbow II - Villages 5 through 10) Authorizing the
Levy of a Special Tax in Such Community Facilities District.
SUBMITTED BY: Director of Public WorksJ/~~
REVIEWED BY: City Manager ~ 1~ (4/5ths Vote: Yes No X )
On June 6, 2000, Council approved the resolution of intention to form Community Facilities
District No. 2000-1 (CFD 2000-1) and set the public hearing for July 11, 2000. CFD 2000-1 will
fund the construction of public facilities including a significant portion of the Sunbow II - Villages
5 through 10 improvements. Tonight's action will continue the formal proceedings leading to the
establishment of Community Facilities District No. 2000-1.
Page 2, Item:
Meeting Date: 7/11/2000
BOARDS/CO1VI2VIlSSIONS RECOI~I1VIENDATION: Not applicable.
RECONI1VIENDATION: That Council:
· Open the Hearing, take public testimony, close the public hearing;
· Approve the Resolution (A) forming and establishing Community Facilities District No.
2000-1;
· Approve the Resolution (B) declaring necessity to incur a bonded indebtedness and
submitting to the qualified electors of a Community Facilities District a proposition to
incur a bonded indebtedness secured by a special tax levy to pay for certain capital
facilities in Community Facilities District No. 2000-1, and given notice thereon;
· Hold special election, canvas of ballots by City Clerk, report by City Clerk to City
Council of results of special election;
· Approve the Resolution (C) declaring the results of a special election in such Community
Facilities District; and
· Introduce for First Reading of the Ordinance (D) authorizing the levy of a special tax in
such Community Facilities District.
DISCUSSION:
Background
The consolidated public hearings are for the purpose of forming Community Facilities District 2000-
1 (Sunbow H - Villages 5 through 10) and to consider the authorization to levy special taxes and to
incur a bonded indebtedness secured by such special taxes. The Resolution of Intention to form the
district was approved by City Council on June 6, 2000. Community Facilities Districts (CFD)
provide the necessary funding for the acquisition of public improvements by levying an annual
"special tax", which is collected from the property owners in conjunction with the property taxes.
There is no direct cost to the City. All expenses related to the district administration (including
levying and collecting the special taxes) are funded by the district. The ultimate security behind the
bonds are the properties located within the district, not the City' s General Fund or its ability to tax
property within its jurisdiction. The district will be formed in conformance with the "City of Chula
Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities
Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28, 1998.
District Boundaries
The proposed boundaries of CFD 2000-1 include parcels within Sunbow II for Villages 5 through 10.
Of these six villages, two villages (Villages 5 & 6) were purchased by Centex Homes, a merchant
builder, on April 3, 2000. The other four villages (Villages 7-10) remain under the ownership of the
master developer, ACI Sunbow, LLC. At buildout, the entire district would contain approximately
595 Single Family Residences and a 10.0 acre school site, as shown on the Tentative Map No. 90-7,
approved by the City on May 3, 1990. Of these 595 Single Fanlily Residences, 246 units are
contained in Centex Homes' Villages 5 & 6. A copy of the boundary map is included, as Attachment
A, is on file at the City Clerk's office, and is available for public review. Minor adjustments in the
Page 3, Item: ' [
Meeting Date: 7/11/2000
boundaries of the Planning Area may be made by the CFD Administrator to conform to the Final
Residential Subdivision for these areas.
The Improvements
On June 6, 2000, Council approved the "Rate and Method of Apportionment" (RMA) of the
special taxes for CFD 2000-1. Preliminary estimates prepared by the special tax consultant show
that the maximum tax revenue (using the proposed taxes) from all the properties within the district
would support a total bond indebtedness of approximately $7.4 million (assuming a 7 % interest
and a 30-year term on the bonds). A bond sale amount of $7.4 million will finance approximately
$6.4 million in facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, etc.). The
balance will provide for a reserve fund, capitalized interest and pay district formation and bond
issuance costs.
The developer is proposing the financing of backbone streets and associated improvements (i .e.,
grading, sewer, streets, landscaping, utilities) and public facilities DIF improvements. Following
is a general description of the proposed facilities:
· Portion of Telegraph Canyon
· Medical Center Rd./Brandywine
· East Palomar Street - Phase IA
· East Palomar Street - Phase IB
· Olympic Parkway - West of Brandywine
· Those Facilities to be financed for public facilities Development Impact Fees (DIF)
payable as a condition of development of property within CFD 2000-1
· Paseo Ladera and Medical Center Court
· East Palomar -Phases IC & IIA
· Improvements to the off-site sewer system
As mentioned before, it is estimated that only $6.4 million in facilities may be available for
funding by the district. A final priority list and cost estimate of the improvements eligible for
CFD 2000-1 financing will be brought to City Council in conjunction with the consideration of the
Acquisition/Financing Agreement. This is tentatively scheduled for the July 25, 2000 City
Council meeting.
The actual amount to be financed by CFD 2000-1 would depend upon a number of factors,
including final interest rate on the bonds and value to lien ratio, and may be higher than the $7.4
million mentioned above.
Ultimately, via subdivision exactions, the developer will finance other improvements that this
CFD cannot finance. The proposed CFD lies within various Development Impact Fee (DIF)
benefit areas, (Poggi Canyon Sewer, Transportation, and Public Facilities) which places a cap on
the CFD's ability to finance these DIF improvements.
Page 4, Item: ~
Meeting Date: 7/11/2000
Special Tax Report
A copy of the Special Tax Report ("Community Facilities District Report Mello-Roos Community
Facilities Act of 1982 Community Facilities District No. 2000-1 for Sunbow H - Villages 5 through
10) prepared by the Special Tax Consultant, McGill Martin Self, Inc., is included as Attachment B,
and is on file, and available for public review in the City Clerk' s Office. Said report incorporates the
"Rate and Method of Apportionment" (RMA) (previously approved by Council on June 6, 2000),
that establishes the procedures for levying the special taxes in CFD 2000-1. The district is divided
into the following three (3) zone classifications:
· Zone 1: applies only to Developed Residential Property;
· Zone 2: applies only to Undeveloped Property; and
· Zone 3: applies only to Taxable Property, and Owner Association Property.
The district will have three categories of taxation, as follows:
· Residential Developed Parcels (single and multifamily residences) are taxed on the square
footage of the building. The Special Tax Report proposes three zones corresponding to each
of the Villages 5 through 10 within the district. The proposed residential tax rates are as
follows:
Residential Developed Parcels Maximum Annual Special Tax
Zone 1 $0.44 per square foot of Residential Floor Area
At the time the tax is levied, developed parcels are those parcels for which a building permit
has been issued. This tax rate has been determined by a preliminary "2% maximum tax"
analysis. Said analysis, which is based on estimated house sizes and prices, sets the amount
of the maximum special tax that may be levied by CFD 2000-1 on residential parcels. It
should be noted that a final test will be required at escrow closing using actual house sale
prices. If the 2% limit is exceeded, the developer is required to buydown the lien to an
amount sufficient to meet the 2% criteria.
· The Undeveloped Property Category includes all the parcels for which a building permit has
not been issued. The tax on Undeveloped Property is based on the total acreage of the parcel.
During buildout, the collection from developed properties is not enough to cover the annual
debt service. During that period, the undeveloped land taxes will cover the shortfall. Based
on a conservative housing absorption projection, the special tax consultant has determined
that an undeveloped land tax of $7,851 per Acre is needed to meet the annual debt service.
Even if no development occurs and the whole property remains undeveloped, the proposed
tax will generate enough tax to cover the debt service on the bonds.
· The Taxable Owners Association Parcels are taxed based on the acreage of the parcel, the
same as Undeveloped Property.
eageS, tem: ;!?
Meeting Date: 7/11/2000
Non-Residential UndevelOped Property Taxable Property Owner
Developed Parcels Maximum Annual Special Tax Association Maximum Annual
Special Tax
Zone 2 $7,851 per Acre
Zone 3 $7,851 per Acre
The RIVIA includes all of the parcels to be conveyed to the HOA or dedicated to the City of Chula
Vista. Any dedication of public property above the exempted acreage of will be classified as
Taxable Owner Association Property at a rate of $7,851 per acre. These categories were created
to provide additional assurance to perspective bond purchasers that the collectible tax will always
cover the annual debt service.
Collection of Taxes
First, the maximum special taxes will first be levied proportionately on each Assessor's Parcel of
Developed Property. If this pool of funds is not enough to meet the annual debt service, as may be
the case in the early years of developments, the district will levy a tax proportionately on each
Assessor's Parcel of Undeveloped Land. If additional monies are required after the first two steps
have been completed, the special tax shall be levied proportionately on each Assessor's Parcel of
Taxable Property Owners Association Property. After buildout, if the annual need is less than the
collectible tax from the Developed Parcels, the special taxes to be levied in that specific year will be
reduced proportionally.
Since this district is taxed based on the square footage of the home, the bondholders may require
protection in the event that the developer builds less than projected. This district used a Backup
Special Tax where each final map ("Planning Area" known as Villages 5 through 10) for this CFD
will have to meet its projected total square footage or the developer will have to make up the lost
revenue by prepayment of special taxes. This type of Backup Special Tax will require more
administration by the City to monitor the development for every building permit pulled, however,
these administration costs are recoverable from the district. The Backup tax is payable in cash or by
posting a letter of credit. There is a five-year limit on the build out process. If the Planning Area has
not been built out within five years of receipt of the first Backup Special Tax, all Backup Special Tax
payments shall be used to redeem bonds at that time.
The approved (as amended with this Council action) "Rate and Method" also includes provisions for
the prepayment of the special taxes in the event the developer or a future property owner decides to
do so.
Maximum Taxes
The rate of special tax levy for a variety of dwellings is as follows: · Developed Residential Property - $1,232 for a typical 2800 square foot home
· Undeveloped Property - $7,851/acre
· Taxable Property Owner Association Property - $7,851/acre
(In accordance with CFD Policy, these taxes are not subject t9 escalation.)
Page 6, Item:
Meeting Date: 7/11/2000
Maximum Tax Policy
Council Policy establishes that the maximum annual CFD special taxes applicable to any newly
developed residential property shall be no more than 1% of the sale price of the house. In addition,
the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house. Per
City policy this limitation does not apply to any CFD-maintenance district that may be formed.
A preliminary calculation of the maximum tax, using estimated house prices, has been completed
and all homes fall within the 2% limit. A final test will be performed at escrow closing using the
actual sale price of the house. Council Policy requires that at, or prior to, each closing of escrow, the
escrow company shall apply a "calculation formula" previously approved by the City Engineer to
determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. ff
the 2% limit is exceeded, the developer will be required to provide cash to buy down the lien to an
amount sufficient to meet the 2% tax ceiling.
Compliance with this procedure will ensure that the aggregate tax to be paid by the purchaser of the
house meets the City' s criteria. Since the 2% limit is a City policy, the limit is not being included in
the rate and method of the district.
Value to Lien Ratio Policy
Council policy requires a minimum 4:1 value-to-lien ratio. A ratio of less than 4:1, may be
approved, in the sole discretion of Council, when it is determined that a.ratio of less than 4:1 is
financially prudent under the circumstances of a particular CFD. A final appraisal and lien ratio
analysis would be available for Council consideration prior to bond sale, which is planned for August
2000. If the final analysis shows parcels which fail to meet the 4:1 ratio, the developer would be
required to either:
· Provide cash or letters of credit to maintain the lien ratio within the City criteria; or,
· The principal amount of the bonds to be issued for CFD 2000-1 will be reduced to
comply with City policy; or,
· Provide sufficient information to convince Council that a lesser lien ratio is prudent.
Public Hearing and Resolutions
There are three Resolutions and one Ordinance on today's agenda, which, if adopted, will
accomplish the following:
The RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. 2000-1 is the formal action forming and establishing Community Facilities District No. 2000-1,
authorizing submittal of levy of special taxes to the qualified electors, and performs the following:
· Sets the name of the District
· Identifies the Special Tax Report prepared by McGill Martin Self, Inc. as the report to be used
for all future proceedings
Page 7, Item: ~Y
Meeting Date: 7/11/2000
· Establishes a Special Tax secured by a continuing lien to secure the bonds. The Special Tax is set
forth in the amended Rate and Method of Apportionment, which will be approved by the
adoption of this Resolution.
· Approves the amended boundaries of the district.
· Submits the levy of the special tax to the property owners.
· Describes the type of facilities to be financed by the district.
The RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS, is a
resolution submitting to the qualified electors of a Community Facilities District a proposition to
incur a bonded indebtedness secured by a special tax levy to pay for certain Capital Facilities in
Community Facilities District No. 2000-1, and performs the following:
· Declares that a bond issuance is necessary.
· Describes the type of facilities to be financed by the district.
· Limits the bond term to 30 years for each bond issue.
· Submits two ballot propositions to the property owners to (a) incur a bonded indebtedness not to
exceed $15 million to pay for authorized facilities pursuant to the special tax formula and to levy
a special tax, and (b) to establish an appropriations limit for the district.
· Establishes an election procedure
The RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION, is the action of the
City Council acting in its capacity as the Legislative Body of Community Facilities District No.
2000-1 declaring the results of a special election in such Community Facilities District.
Upon successful election by the qualified voters (current property/per acre vote) the City Council
may then move forward with the first reading of the "Ordinance Authorizing the Levy of a Special
Tax". If there is not a successful election for the CFD, the City Council will not initiate the first
reading the ordinance.
The ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX, is the first reading of an
ordinance by the City Council acting as the Legislative Body of Community Facilities District No.
2000-1 authorizing the levy of a special tax in such Community Facilities District.
Adoption of tonight' s resolutions will form and establish CFD 2000-1, including holding a special
election.
Notice
All property owners within the district have been notified of the public hearing through the mail as
well as a published notice in the San Diego Daily Transcript or any other adjudicated newspaper in
general circulation.
Page 8~ Item:
Meeting Date: 7/11/2000
Future Action
On July 25, 2000, staff will bring forward the Acquisition/Financing Agreement and the Bond
Indenture.
FISCAL IMPACT:
None, the developer will pay all costs and has deposited money to fund initial consultant costs, and
City costs in accordance with the approved Reimbursement Agreement. The City will receive the
benefit of the full cost recovery for staff time involved in district formation (estimated range at $25-
40,000) and administration activities. Staff anticipates that most of the CFD 2000-1 administration
will be contracted out. The CFD administration cost is estimated at $50,000 annually.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (1%) of the total bond authorization. Said
requirement will be memorialized in the Acquisition/Financing Agreement which will be brought to
Council at a later date. Saidamountshallbepaidpriortobondsale(scheduledforAugust2000)and
will be deposited into the General Fund. Based on a bond sale amount of $7.4 million, which leaves
about $6.4 million for construction, the developers' share of the remaining construction costs would
be approximately $10.2 million. This cost difference between the proposed bond amount and the
actual construction costs will be bome by either the merchant or master developer. The developer
payment of 1% shall be paid prior to bond sale (scheduled for August 2000) and will be deposited
into the General Fund.
Attachments:
Attachment A: Boundary Map for CFD 2000-1
Attachment B: Special Tax Report: "Community Facilities District No. 2000-1 Sunbow lI - Villages
5 through 10
H:\SHARED\ENGINEER\SUNBOWXA113Sunbow2.doc
ATTACHMENT~..~
COMMUNITY FACILITIES DISTRICT
SPECIAL TAX REPORT
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
COMMUNITY FACILITIES DISTRICT
NO. 2000-1 SUNBOW II - VILLAGES 5 THROUGH 10
The City of Chula Vista
276 Fourth Avenue
Chula Vista, Califomia 91910
McGill Martin Self, Inc.
310 Third Avenue, Suite B-6
Chula Vista, California 91910
July 3, 2000
~ -//
TABLE OF CONTENTS
Page
I. INTRODUCTION ...............................................................................
IL PROJECT DESCRIPTION ..................................................................... 1
III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES ..................... 2
A. Description of Proposed Public Improvements ................................. 2
B. Estimated Cost of Proposed Public Improvements .............................. 3
IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES .................................... 3
A. Projected Bond Sales ............................................................... 4
B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded
Indebtedness ........................................................................ 4
C. Incidental Expenses to be Included in the Annual Levy of Special Taxes ... 4
V. RATE AND I~[ETHOD OF APPORTIONMENT OF THE SPECIAL TAX ....................... 5
A. Explanation for Special Tax Apportionment .................................... 5
B. Maximum Annual Special Tax Rates ............................................ 6
C. Backup Special Tax ................................................................7
D. Accuracy of Information ..........................................................7
VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT ................................... 7
VII. GENERAL TERMS AND CONDITIONS ....................................................... 7
A. Substitution Facilities ..............................................................7
B. Appeals ..............................................................................7
EXHIBITS
Exhibit A Rate and Method of Apportionment
Exhibit B Assigned Maximum Special Tax Rates
Exhibit C Boundary Map
[. INTRODUCTION
WHEREAS, the City of Chula Vista did, pursuant to the provision of the Mello-Roos
Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (hereinafter referred to as the "Act"), and
specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the
legislative body of the proposed Community Facilities District. This Community Facilities
District being Community Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10)
shall hereinafter be referred to as:
"CFD No. 2000-1"; and
WHEREAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed
Community Facilities District No. 2000-1 did direct that said Report generally contain the
following:
FACILITIES: A full and complete description of the public facilities the acquisition of
which is proposed to be financed through the CFD.
COST ESTIMATE: A general cost estimate setting forth costs of acquiring such facilities.
SPECIAL TAX: Further particulars and documentation regarding the rate and method of
apportionment for the authorized special tax.
NOW, THEREFORE, I, John Lippitt P.E., the Director of Public Works of the City of Chula
Vista, and the appointed responsible officer directed to prepare this Special Tax Report or cause
the Report to be prepared pursuant to the provisions of the Act, do hereby submit this Report.
IL PROJECT DESCRIPTION
CFD No. 2000-1 encompasses approximately 140.03 gross acres of land located in the portion of
the south San Diego City of Chula Vista known as Sunbow II. Of this acreage, approximately
83.88 acres are expected to be developed by merchant builders. Currently, Centex homes has
purchased Villages 5 & 6 (4/3/00) and will build approximately 246 single family homes. Of the
246 single family homes, Centex has an approved Subdivision Tract Map No. 13917 that will
allow the construction of 144 lots that have a minimum lot size of 6,000 square feet and 102 lots
with a minimum size of 5,000 square feet.
The remaining 349 single-family homes will be built as part of Villages 7, 8, 9 & 10. The
Villages 7, 8, 9 & 10 have an approved Tentative Master Map (CVT 90-07) that will allow lots
to range between 5,000 to 6,000 square feet. These lots will be built out as other merchant
builders purchase units and/or Sunbow proceeds with construction.
Community Facilities District No. 2000-1 Page ]
Sunbow H - Villages 5 through 10 July 3, 2000
-/
At buildout, it is expected that CFD No.2000-1 will consist of approximately 595 Single Family
Residences, 10 acres for a school site, as shown on the Tentative Master Map No. CVT 90-7.
The Single Family Uses are anticipated to generate 1,496,500 square feet of residential building
square footage. The total exempt acreage for the project, including the 10% contingency factor
is 56.15 acres.
CFD No. 2000-1 (Sunbow H - Villages 5 through 10) is also divided into the following three
Zones:
· Zone 1: applies only to Developed Residential Property;
.. Zone 2: applies only to Undeveloped Property; and
· Zone 3: applies only to Taxable Property, and Owner Association Property.
III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES
A. Descrintion of Pronosed PUblic Imnrovements
A community facilities district may provide for the purchase, construction, expansion, or
rehabilitation of any real or tangible property, including public facilities and
infrastructure improvements with an estimated useful life of five (5) years or longer,
which is necessary to meet increased demands placed upon local agencies as a result of
development or rehabilitation occurring within the community facilities district. In
addition, a community facilities district may pay in full all amounts necessary to
eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to
pay or any indebtedness secured by any tax, fee, charge, or assessment levied within the
area of the community facilities district.
The facilities described in this Report are all facilities which the legislative body creating
CFD No. 2000-1 is authorized to own, construct, or finance, and which are required, in
part, to adequately meet the needs of CFD No. 2000-1. In addition, the facilities meet the
criteria for authorized public facilities set forth in the City's Statement of Goals and
Policies regarding the establishment of Community Facilities Districts. The actual
facilities described herein are those currently expected to be required to adequately meet,
in part, the needs of CFD No. 2000-1. Because the actual needs of CFD No. 2000-1
arising as development progresse~ therein may differ from those currently anticipated,
CFD No. 2000-1 reserves the fight to modify the actual facilities proposed herein to the
extent CFD No. 2000-1 deems necessary, in its sole discretion to meet those needs. The
Special Taxes~ required to pay for the construction or financing of said facilities will be
apportioned as described in the Rate and Method of Apportionment (RMA) of the Special
Tax for CFD No. 2000-1 (Sunbow II - Villages 5 through 10) (see Exhibit A).
Proceeds of the proposed bonded indebtedness of CFD No. 2000-1 will be used to
finance backbone streets and associated improvements (i.e., grading, sewer, streets,
landscaping, utilities, etc.), and public facilities DIF Improvements.
Community Facilities District No. 2000-1 Page 2
Sunbow II - Villages 5 through 10 August 1, 2000
Following is a general description of the proposed facilities:
· Telegraph Canyon Road
· Medical Center Road/Brandywine
· East Palomar - Phase IA
· Off-site sewer improvements
· East Palomar - Phase IB
· Olympic Parkway - West of Brandywine
· East Palomar - Phases IC & HA
· Paseo Ladera and Medical Center Court
· Public Facilities DIF
t Please note that all capitalized terms used herein, unless otherwise indicated, shall have the meanings defined in
the Rate and Method of Apportionment prepared for CFD No. 2000- l.
B. Estimated Cost of Proposed Public Improvements
The facilities and the estimated costs herein are subject to review and confirmation. The
costs listed in Table 1, are estimates only, based upon current construction and land costs
and actual costs may differ from those estimates herein. Based on the current CFD No.
2000-1 cost estimates of approximately $19,541,159.00, only approximately 7.4 million
is expected to be financed with CFD bond proceeds and the remaining construction costs
born by the developers.
TABLE1
Facilities Improvements Total Estimated Cost
Telegraph Canyon Road $ 2,511,041.42
Medical Center Road/Brandywine $ 3,253,492.66
East Palomar - Phase IA $ 1,672,569.21
Off-site sewer improvements $ 1,034,980.40
East Palomar - Phase IB $ 1,888,932.00
Olympic Parkway - West of Brandywine $ 1,500,000.00
East Palomar - Phases IC & HA $ 1,632,940.00
PaseoLadera $ 2,783,135.00
Medical Center Court $ 432,1 i0.00
Public Facilities DIF $ 2,831,858.00
Totals = $19,541,159.00
Community Facilities District No. 2000~1 Page 3
Sunbow H - Villages 5 through 10 August 1, 2000
~ T ·flT
IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES
A. Project Bond Sales
The current bond amount estimate for CFD No. 2000-1 is $7.4 million via a single bond
sale, which will provide approximately 6.4 million for construction costs. The bonds
issued by CFD No. 2000-1 will meet the terms and conditions of special tax bonds set
forth in the City's Statement of Goals and Policies Regarding the Establishment of
Community Facilities Districts.
B. Incidental Bond Issuance Exnenses to be Included in the Pronosed Bonded
Indebtedness
Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and
estimated costs incidental to, or connected With, the accomplishment of the purpose for
which the proposed debt is to be incurred, including, but not limited to, the costs of legal,
fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest
on any bonds of the district due and payable prior to the expiration of one year from the
date of completion of the facilities, not to exceed two years; election costs; and all costs
of issuance of the bonds, including, bat not limited to, fees for bond counsel, costs of
obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other
credit enhancement costs, and printing costs. The reserve fund is estimated to be the
maximum allowable under Federal Tax Law. All other incidental bond issuance
expenses are estimated at 4 percent of the face amount of the bonds.
C. Incidental ExOenses to be Included in the Annual Levy of Soecial Taxes
Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to
pay, in whole or part, the cost of providing public facilities, services and incidental
expenses. As defined by the Act, incidental expenses include, but are not limited to, the
cost of planning and designing public facilities to be financed, including the cost of
environmental evaluations of those facilities; the costs associated with the creation of the
district, issuance of bonds, determination of the amount of taxes, collection of taxes,
payment of taxes, or costs otherwise incurred in order to carry out the authorized
purposes of the district; any other expenses incidental to the construction, completion,
and inspection of the authorized work; and the retirement of existing bonded
indebtedness. While the actual cost of administering CFD No. 2000-1 may vary, it is
anticipated that the amount of special taxes, which can be collected, will be sufficient to
fund at least $50,000 in annual administrative expenses prior to buildout of the project.
Community Facilities District No. 2000-1 Page 4
Sunbow 1I - Villages 5 through 10 August 1, 2000
V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All of the property located within CFD No. 2000-1, unless exempted by law, shall be taxed for
the purpose of providing necessary facilities to serve CFD No. 2000-1. Pursuant to Section
53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is
no requirement that the tax be apportioned on the basis of benefit to any property." The Special
Tax "may be based on benefit received by parcels of real property, the cost of making facilities
or authorized services available to each parcel or other reasonable basis as determined by the
legislative body," although the Special Tax may not be apportioned on an ad valorera basis
pursuant to Article XrlIA of the California Constitution.
As shown in Exhibit A, the amended Rate and Method of Apportionment provides information
sufficient to allow each property owner within CFD No. 2000-1 to estimate the maximum annual
Special Tax he or she will be required to pay. Sections A through C, below, provide additional
information on the Rate and Method of Apportionment of the Special Tax for CFD No. 2000-1.
A. Exnlanation for Soecial Tax Anoortionment
When a community facilities district is formed, a Special Tax may be levied on each
parcel of taxable property within the CFD to pay for the construction, acquisition and
rehabilitation of public facilities, to pay for authorized services or to repay bonded
indebtedness or other related expenses incurred by CFD No. 2000-1. This Special Tax
must be apportioned in a reasonable manner; however, the tax may not be apportioned on
an ad valorera basis.
When more than one type of land use is present within a community facilities district,
several criteria may be considered when apportioning the Special Tax. Generally, criteria
based on building square footage, acreage, and land use are selected, and categories based
on such criteria are established to differentiate between parcels of property. These
categories are a direct result of the developer's projected product mix, and are reflective
of the proposed land use types within that community facilities district. Specific Special
Tax levels are assigned to each land use class, with all parcels within a land use class
assigned the same Special Tax rate.
The Act does not require the Special Taxes to be apportioned to individual parcels based
on benefit received. However, in order to insure fairness and equity, benefit principles
have been incorporated in establishing the Special Tax rates for CFD No. 2000-1.
The major assumption inherent in the Special Taxes rates set forth in the Rate and
Method of Apportionment is that the level of benefit received from the proposed public
improvements is a function of land use. This assumption is borne out through an
examination of commonly accepted statistical measures.
For example, in measuring average weekday vehicle trip-ends, the Institute of
Transportation Engineer's 1995 Trip Generation report identifies land use as the primary
Community Facilities District No. 2000-I Page 5
Sunbow II - Villages 5 through 10 August I, 2000
determinant of trip-end magnitude. Commercial land uses typically generate more trip-
ends than do single family residential land use. Similarly, larger single family detached
dwellings typically generate a greater number of trip-ends than do smaller single family
detached homes, and therefore, will tend to received morn benefit from road grading,
road landscaping and road improvements.
Drainage and flood control requirements generally vary with the amount of impervious
ground cover per parcel. It follows that larger homes which have more impervious
ground cover will create relatively more drainage flow than smaller homes.
CFD No. 2000-1 (Sunbow II - Villages 5 through 10) is divided into three district zones,
described as:
Zone l: applies only to Developed Property;
Zone 2: applies only to Undeveloped Property; and
Zone 3: applies only to Taxable Property, and Owner Association Property.
The Land Use Class Categories of TaXation have been established for CFD No. 2000-1.
The categories are defined as follows:
} Residential Developed Parcels (single and multifamily residences) are taxed on the
square footage of the building;
>' Undeveloped Parcels are taxed based on acreage of the parcel; and
>' The Taxable Property Owners Association Property Parcels are taxed based on the
acreage of the parcel, the same as Undeveloped Property.
Based on the types of public facilities that are proposed for CFD No. 2000-1 and the
factors described above, the Special Taxes assigned to specific land uses are generally
proportionate to the relative benefits received by them, and, accordingly, the Special
Taxes in CFD No. 2000-1 can be considered fair and reasonable.
B. Maximum Annual Soecial Tax Rates
Exhibit B lists the Maximum Annual Special Tax rates that may be levied in each zone,
against Residential Property, and Undeveloped Property within CFD No. 2000-i. Exhibit
B also lists the Maximum Special Tax Rates for Taxable Property Owner Association
Property within CFD No. 2000-1 and the Backup Special Tax (described below) of the
applicable land use category.
The City Council will annually determine the actual amount of the Special Tax levy
based on the method described in RMA and subject to the maximum Special Tax rates
contained in Exhibit B. The City will levy a Special Tax to the extent necessary,
sufficient to meet the Special Tax Requirement.
Community Facilities District No. 2000-1 Page 6
Sunbow H - Villages 5 through I0 August 1, 2000
C. Backup SOeciai Tax
Payment of a one-time Backup Special Tax may bc required prior to the issuance of
building permits or rccordation of a final map. Table 3 in the RMA identifies the amount
of Special Tax revenue and development that is currently expected from each of the
Villages. If the CFD Administrator determines that the Special Tax revenue for a
Villages will be reduced as a result of a reduction in the expected number of units, acres,
or building square fcct in such planning area, then a Backup Special Tax payment will be
required.
The amount of the Backup Special Tax payment will bc calculated pursuant to Section E
of Exhibit A.
D. Accuracy of Information
In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax
as set forth in the Rate and Method of Apportionment for CFD No. 2000-1, McGill
Martin Self, Inc. has relied on information including, but not limited to absorption, land-
use types, building square footage, and net taxable acreage which wcrc provided to
McGill Martin Self, Inc. by others. McGill Martin Self, Inc. has not independently
verified such data and disclaims responsibility for the impact of inaccurate data provided
by others, if any, on the Rate and Method of Apportionment for CFD No. 2000-1,
including the inability to mcct the financial obligations of CFD No. 2000-1.
VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries of CFD No. 2000-1 include all land on which the Special Taxes may bc levied.
A map of the area included within CFD No. 2000-1 is provided as Exhibit C.
VII. GENERAL TERMS AND CONDITIONS
A. Substitution Facilities
The description of the public facilities, as set forth heroin, arc general in their nature. The
final nature and location of improvements and facilities will bc determined upon the
preparation of final plans and specifications. The final plans may show substitutes, in
lieu or modifications to the proposed work in order to accomplish the work of
improvement, and any such substitution shall not bca change or modification in the
proceedings as long as the facilities provide a service and are of a type substantially
similar to that as set forth in this Report.
B. Appeals
Any landowner who feels that the amount of the Special Tax is in error may file a notice
with CFD No. 2000-1, appealing the levy of the Special Tax pursuant to the procedure
Community Facilities District No. 2000-1 Page 7
Sunbow H - Villages 5 through 10 August 1, 2000
specified in Exhibit A. As appropriate a representative of CFD No. 2000-1 will then
review the appeal and, if necessary, meet with the applicant. If the findings of the
representative verify that the amount of the Special Tax should be modified or changed,
then, as appropriate, the Special Tax levy shall be corrected.
Community Facilities District No. 2000-1 Page 8
Sunbow H - Villages 5 through 10 August 1, 2000
EXHIBIT A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(Sunbow II - Villages 5 through 10)
RATE AND METHOD OF APPORTIONMENT
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(Sunbow II - Villages 5 thru 10)
A Special Tax as hereinafier defined shall be levied on all Assessor's Parcels of Taxable Property
within the City of Chula Vista Community Facilities District No. 2000-1 CCFD No. 2000-1")
and collected each Fiscal Year commencing in Fiscal Year 2000-2001, in an amount determined
by the City Council through the application of the appropriate Special Tax for "Developed
Property," "Taxable Property Owner Association Property," and "Undeveloped Property" as
described below. All of the real property in CFD No. 2000-1, unless exempted by law or by the
provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein
provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, record of survey, or
other recorded document creating or describing the parcel. If the preceding maps are not
available, the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 2000-1 including, but not limited to, the
following: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (whether by the City or designee thereof or both); the costs of
collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of
remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal
counsel) in the discharge of the duties required of it under the Indenture; the costs to the
City, CFD No. 2000-1 or any designee thereof of complying with arbitrage rebate
requirements; the costs to the City, CFD No. 2000-1 or any designee thereof of complying
with City, CFD No. 2000-1 or obligated persons disclosure requirements associated with
applicable federal and state securities laws and of the Act; the costs associated with
preparing Special Tax disclosure statements and responding to public inquiries regarding
the Special Taxes; the costs of the City, CFD No. 2000-1 or any designee thereof related to
an appeal of the Special Tax; and the costs associated with the release of funds from an
escrow account, if any. Administrative Expenses shall also include amounts estimated or
advanced by the City or CFD No. 2000-1 for any other administrative purposes of CFD No.
2000-1, including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
City of Chula Vista ~Iay 1, 2000
Community Facilities District No. 2000-1 Page 1
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture,
delinquent special tax payments, foreclosure proceeds, the portion of proceeds of Backup
Special Tax payments and Special Tax prepayments collected to pay interest on Bonds, and
other sources of funds available as a credit to the Special Tax Requirement as specified in
such Indenture.
"Backup Special Tax" means the Special Tax that is required to be paid as a condition
precedent to the issuance of building permits or recordation of final maps, as determined in
accordance with Section E below.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 2000-1 under the Act.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2000-1" means City of Chula Vista Community Facilities District No. 2000-1
(Sunbow II - Villages 5 thru 10).
"City" means the City of Chula Vista.
"Council" means the City Council of the City, acting as the legislative body of CFD
No. 2000-1.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property, for which a building permit for new
construction was issued prior to March 1 of the prior Fiscal Year.
"Development Projection" means an annual calculation for each Planning Area of CFD
No. 2000-1 of~ (i) the number and total Residential Floor Area of existing dwelling units of
Residential Property, and (ii) a projection of all future development, including the acreage,
projected number of residential dwelling units, projected Residential Floor Area, and an
absorption schedule for all future development within CFD No. 2000-1. The Development
Projection shall be dated as of March 1 and prepared each Fiscal Year by the Master
Developer. Upon submittal, the CFD Administrator shall review, modify if necessary, and
City of Chula Vista May 1, 2000
Communiiy Facilities District No. 2000-1 Page 2
approve the Development Projection. If the Development Projection is not received by the
CFD Administrator on or before April1, the CFD Administrator shall then prepare or cause
to be prepared a Development Projection.
"Final Residential Subdivision" means a subdivision of property created by recordation
of a final map, parcel map, or lot line adjustment, approved by the City pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation
of a condominium plan pursuant to California Civil Code 1352 that creates individual lots
for which residential building permits may be issued without further subdivision of such
property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C.
"Master Developer" means the owner of the predominant amount of Undeveloped
Property in CFD No. 2000-1.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C below, that may be levied in any Fiscal Year
on any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessors' Parcels of Residential Property
which have closed escrow to an end user (homeowners).
"Outstanding Bonds" means all Bonds which remain outstanding.
"Planning Area(s)" means Village 5, Village 6, Village 7, Village 8, Village 9, and
Village 10 as shown on Tentative Tract No. 90-7 approved by the City on May 3, 1990.
Minor adjustments in the boundaries of the Planning Areas may be made by the CFD
Administrator to conform to the Final Residential Subdivision for these areas.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 2000-1 owned by or dedicated to a property owner association, including any
master or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed
Property within CFD No. 2000-1. For Undeveloped Property, '~roportionately' means
that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax
per Acre is equal for all Assessor's Parcels of Undeveloped Property within CFD No.
2000-1.
City of Cbula Vista 3day 1, 2000
Community Facilities District No. 2000-1 Page 3
"Public Property" means any property within the boundaries of CFD No. 2000-1 that is
used for rights-of-way or any other purpose and is owned by or dedicated to the federal
government, the State of California, the County, the City or any other public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be
made by reference to appropriate records kept by the City's Planning and Building
Department. Residential Floor Area will be based on the building permit(s) issued for each
dwelling unit prior to it being classified as Occupied Residential Property, and shall not
change as a result of additions or modifications made after such classification as Occupied
Residential Property.
"Special Tax" means the: (i) annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement pursuant to
Section D, and (ii) the Backup Special Tax that may be required as a result of changes in
development.
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
2000-1 to: (i) pay annual debt service on all Outstanding Bonds as defined in Section A.;
(ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and
rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts
required to establish or replenish any reserve funds for all Outstanding Bonds in
accordance with the Indenture; (v) and pay directly for acquisition and/or construction of
facilities, which are authorized to be financed by CFD No. 2000-1; (vi) less a credit for
Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD
No. 2000-1 which are not exempt from the Special Tax pursuant to law or Section F below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property that are not exempt pursuant to Section F below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified
as Developed Property or Taxable Property Owner Association Property.
City of Chula Vista May 1, 2000
Community Facilities Distt~ct No. 2000-1 Page 4
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2000-1 shall be classified as
Developed Property, Taxable Property Owner Association Property, or Undeveloped
Property, and shall be subject to the levy of annual Special Taxes determined pursuant to
Sections C and D below.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as
Developed Property shall be the amount shown in Table 1 below:
TABLE 1
Maximum Annual Special Tax for Developed Property
Land Use
Class Description Maximum Annual Special Tax
1 Residential Property $.44 per square foot of Residential
Floor Area
2. Undeveloped Property and Taxable Property Owner Association Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as
Undeveloped Property and Taxable Property Owner Association Property shall be
the amounts shown in Table 2 below:
TABLE 2
Maximum Annual Special Tax for Undeveloped Property and Taxable
Property Owner Association Property
Land Use
Class Description Maximum Annual Special Tax
2 Undeveloped Property $7,851 per Acre
3 Taxable Property
Owner Association $7,851 per Acre
Property
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2000-2001 and for each following Fiscal Year thereafter
until the 2035/2036 Fiscal Year as provided for in Section J, the Council shall determine
the Special Tax Requirement and shall levy the Special Tax until the amount of Special
Ci,ty of Chula Vista May 1, 2000
Communi~ Faciliaes District No. 2000-1 Page 5
Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal
Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property at up to 100% of the applicable Maximum Annual Special Tax to
satisfy the Special Tax Requirement.
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Annual Special
Tax for Undeveloped Property.
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax shall be levied Proportionately on
each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of
the Maximum Annual Special Tax for Taxable Propeay Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Occupied Residential Property be increased by more than ten (10%)
percent per year as a consequence of delinquency or default in the payment of Special
Taxes by the owner of any other Assessor's Parcel of CFD No. 2000-1.
E. BACKUP SPECIAL TAX
The purpose for the development of a "Backup Special Tax" is to ensure that appropriate
revenues are generated to pay for the annual bond debt service obligations, in the event that
there are shortfalls in either the number of units or square-footages of the residential units.
The following definitions apply to this Section E:
"Actual Average Special Tax Per Unit" means, for each Planning Area, the Actual
Special Tax Revenue divided by the sum of the number of units included in any current
building permit application(s) plus the number of units within such Planning Area for
which building permits have previously been issued. Any building permits issued after an
Assessor's Parcel has been classified as Occupied Residential Property shall not be
included in determining the Actual Average Special Tax Per Unit.
"Actual Special Tax Revenue" means, for each Planning Area, the sum of the total
Residential Floor Area shown on any current building permit application(s) plus the total
Residential Floor Area from any previously issued building permits within the Planning
Area multiplied by the Maximum Annual Special Tax in Table 1. Any building permits
issued after an Assessor's Parcel has been classified as Occupied Residential Property shall
not be included in determining the Actual Special Tax Revenue.
City of Chula Vista May 1, 2000
Community Faciliaes District No. 2000-1 Page 6
· I'~
"Backup Special Tax Fund" means, for each Planning Area, the fund or account
identified in the Indenture to hold Backup Special Tax payments received from property
owners within such Planning Area.
"Expected Special Tax Revenue" means, with respect to each Planning Area, the annual
amount shown in the column so labeled in Table 3.
"Required Average Special Tax Per Unit" means, for each Planning Area, the Expected
Special Tax Revenue divided by the total number of dwelling units expected to be
developed within the Planning Area, as determined by the CFD Administrator based on
tentative maps, Final Residential Subdivision maps, the Development Projection, and all
other relevant information available to the CFD Administrator.
"Share of Annual Debt Service" means, for each Planning Area, the maximum annual
debt service on the Bonds multiplied by that Planning Area's percentage of the total
Special Tax revenue, as shown in Table 3 below. A Planning Area's Share of Annual Debt
Service shall be adjusted to reflect any prepayments within that Planning Area.
1. Expected Development and Special Tax Revenues
Table 3 below identifies the amount of development and Special Tax revenue that is
currently expected from each Planning Area. Any Planning Area's information in
Table 3 may be revised by the CFD Administrator prior to the issuance of Bonds
without limitation.
TABLE 3
Expected Development and Special Tax Revenue by Planning Area
EXPECTED
TOTAL ANNUAL PERCENT
PLANNING EXPECTED NUMBER RESIDENTIAL SPECIAL OF TOTAL
AREAS PRODUCT TYPE OF UNITS FLOOR AREA TAX REVENUE
Village 5 Residential Property 144 units 403,200 $177 408 26.94%
Village 6 Residential Property 102 units 234,600 103 224 15.68%
Village 7 Residential Property 112 units 313,600 137 984 20.96%
Village 8 Residential Property 55 units 126,500 55 660 8.45%
Village 9 Residential Property 79 units 181,700 79 948 12.14%
Village 10 Residential Property 103 units 236,900 104 236 15.83%
TOTAL 5~95 units ~$658_460 !0Q,00%
2. Calculation of Required Average Special Tax Per Unit
City of Chula Fista Mav 1 2000
Community Faciliaes District No 2000-1 Page 7
At the time the first building permit application for a Planning Area is submitted to
the City, the CFD Administrator shall calculate the Required Average Special Tax
Per Unit.
3. Backup Special Tax due to Loss of Units
If at any time after the Required Average Special Tax Per Unit has been calculated
initially for a Planning Area, the CFD Administrator determines that based on
tentative maps, Final Residential Subdivision maps, the Development ProjeCtion,
and any other available information there has been a reduction in the total expected
number of dwelling units within that Planning Area, then a Backup Special Tax
payment shall be required for each lost unit prior to the issuance of any additional
building permits or the recordation of any additional final maps for such Planning
Area.
4. Backup Special Tax due to Loss of Residential Floor Area
For Planning Areas that include Residential Property, before each building permit
(or group of permits) is issued, the CFD Administrator shall calculate the Actual
Average Special Tax Per Unit for the Planning Area. If the Actual Average Special
Tax Per Unit is less than the Required Average Special Tax Per Unit then a Backup
Special Tax payment will be required prior to issuance of the building permit(s)
included within the calculation.
5. Calculation of Backup Special Tax
The Backup Special Tax payment amount will be calculated using the prepayment
formula described in Section I. 1, with the following exceptions: (i) if the Backup
Special Tax is required as a result of Section E3, then the amount used in
Paragraph No. 1 of the prepayment formula described in Section I. 1 shall equal the
number of lost units, times the Required Average Special Tax Per Unit; (ii) if the
Backup Special Tax is required as a result of Section E4, then the amount used in
Paragraph No. 1 of the prepayment formula described in Section I. 1 shall equal the
difference between the Actual Average Special Tax Per Unit and the Required
Average Special Tax Per Unit times the sum of the number of units for which
permits are being issued plus the number of units within the Planning Area for
which building permits have previously been issued. The amount determined
pursuant to the preceding sentence shall be reduced by the balance in the Backup
Special Tax Fund that has been established for such Planning Area; (iii) in
Paragraph No. 5 of the prepayment formula described in Section I. 1, compute the
amount needed to pay interest on the Bond Redemption Amount until the first
redemption date that occurs after five years from the date of the first Backup
Special Tax payment in the Planning Area; (iv) any Backup Special Tax payments
received for a Planning Area (less Administrative Fees and Expenses) shall be
deposited into the Backup Special Tax Fund for that Planning Area and disbursed
pursuant to the Indenture; and (v) the Maximum Annual Special Taxes applicable to
City ofChula ~7sta May l, 2000
Community Facilities District No. 2000-1 Page 8
property within a Planning Area shall not be reduced or relieved as a result of
payment of the Backup Special Tax.
6. Use/Release of Backup Special Tax Payments
When a Planning Area reaches full buildout (i.e. all expected building permits have
been issued), the CFD Administrator shall calculate the actual Developed Property
Maximum Annual Special Tax revenues that will be generated from such Planning
Area. If the actual Developed Property Maximum Annual Special Tax revenues are
greater than or equal to 1.1 times that Planning Area's Share of Annual Debt
Service, the balance in the Backup Special Tax Fund shall be returned to the payer.
If Backup Special Taxes have been paid by more than one entity, the amount of
Backup Special Taxes returned to each payer shall be in proportion to the amount
paid by each entity. If the actual Developed Property Maximum Annual Special
Tax revenues are less than 1.1 times that Planning Area's Share of Annual Debt
Service, then to the extent necessary to generate 110% coverage, the balance in the
Backup Special Tax Fund shall be used to redeem bonds on the next available
redemption date unless the CFD Administrator reasonably determines, in its sole
discretion, that the actual Developed Property Maximum Annual Special Tax
revenues and the estimated Developed Property Maximum Annual Special Tax
revenues pursuant to the Development Projection that are expected to be generated
from all Planning Areas in CFD No. 2000-1 are greater than or equal to 1.1 times
the maximum annual debt service on the Bonds. Any moneys remaining in Backup
Special Tax Fund after a required bond redemption, if any, shall be returned to the
payer. Notwithstanding the above, if a Planning Area has not ~:eached full buildout
within five years after the first payment of Backup Special Taxes for such Planning
Area, then all moneys in the Backup Special Tax Fund shall be used to redeem
bonds on the next available redemption date.
F. EXEMPTIONS
No Special Tax shall be levied on: (i) the land area that lies outside the Planning Areas, and
(ii) up to 56.15 Acres of Property Owner Association Property and Public Property. Tax-
exempt status will be irrevocably assigned by the CFD Administrator in the chronological
order in which property becomes Property Owner Association Property or Public Property.
A~er the limit of 56.15 exempt Acres has been reached the Maximum Annual Special Tax
obligation for any additional Public Property shall be prepaid in full by the seller pursuant
to Section I. 1, prior to the transfer/dedication of such property. Until the Maximum Annual
Special Tax obligation for any such Public Property is prepaid, the property shall continue
to be subject to the levy of the Special Tax as Undeveloped Property.
Property Owner Association Property that is not exempt from Special Taxes under this
section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as
City of Chula Vista May 1, 2000
Community Facilii~es District No. 2000-1 Page 9
r m r~
part of the third step in Section D above, at up to 100% of the Maximum Annual Special
Tax for Taxable Property Owner AsSociation Property.
G. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration of CFD No. 2000-
I a special three-member Review/Appeal Committee. Any landowner or resident who
feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may
file a. written notice with the Review/Appeal Committee appealing the amount of the
Special Tax levied on such Assessor's Parcel. The Review/Appeal Committee may
establish such procedures as it deems necessary to undertake the review of any such appeal.
The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and
make determinations relative to the annual administration of the Special Tax and any
landowner or resident appeals, as herein specified. The decision of the Review/Appeal
Committee shall be final and binding as to all persons.
H. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2000-I may directly
bill the Special Tax, may collect Special Taxes at a different time or in a different manner
if necessary to meet its financial obligations, and may covenant to foreclose and may
actually foreclose on Assessor's Parcels which are delinquent in the payment of Special
Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
I. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section I:
"Outstanding Bonds" means all previously issued Bonds which will remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Public Property. The Maximum Annual Special Tax
Ci.ty of Chula ~Tsta May 1, 2000
Communi~ Facilities District No. 2000-1 Page 10
q -?/
obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of
the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein;
provided that a prepayment may be made only if there are no delinquent Special Taxes with
respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's
Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the
CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of
such written notice, the CFD Administrator shall notify such owner of the prepayment
amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for
providing this figure.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. For Assessor's Parcels of Developed Property, compute the Maximum Annual
Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
that Assessor's Parcel as though it was already designated as Developed Property,
based upon the building permit which has already been issued for that Assessor's
Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the
Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual
Special Tax for Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
sum of the total expected Special Tax revenues in Table 3 in Section E., excluding
any Assessor's Parcels which have been prepaid.
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount' ').
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium").
Ci.tv of Chula Vista May 1, 2000
Communi~ Facilities District No. 2000~1 Page 11
5. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
6. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year which have not yet been paid.
8. Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount less the Administrative Fees and Expenses
from the date of prepayment until the redemption date for the Outstanding Bonds to
be redeemed with the prepayment.
9. Add the amounts computed pursuant to paragraphs 5 and 7 and subtract the amount
computed pursuant to paragraph 8 (the "Defeasance Amount").
10. Verify the administrative fees and expenses of CFD No. 2000-1, including the costs
of computation of the prepayment, the costs to invest the prepayment proceeds, the
costs of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses").
11. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of~ (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
12. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit").
13. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 9, and 10, less the amounts computed pursuant
to paragraphs 11 and 12 (the "PrepaymentAmount").
14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9,
11, and 12 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
Ci.ty of Chula l,~sta Ma.v 1, 2000
Community Faciliaes District No. 2000-1 Page 12
The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2000-
1.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 7 above, the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the release of the
Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to
pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
CFD No. 2000-1 both prior to and after the proposed prepayment is at least 1.1 times the
maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an
Assessor's Parcel of Undeveloped Property for which a building permit has been issued
may be partially prepaid. The amount of the prepayment shall be calculated as in Section
I. 1; except that a partial prepayment shall be calculated according to the following formula:
PP = (PE x F) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section I. 1, minus Administrative
Expenses and Fees pursuant to Step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Administrative Expenses and Fees pursuant to Step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially
Ci,ty of Chula Vista May 1, 2000
Communi.ty Facilifies DisOqct No. 2000-1 Page 13
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Paragraph 14 of Section 1. 1, and (ii) indicate in the
records of CFD No. 2000-1 that there has been a partial prepayment of the Maximum
Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the
outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall
continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D.
J. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2000~2001
to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer
than the 2035-2036 Fiscal Year.
City of Chula Vista Afay 1, 2000
Community Facilities District No. 2000-1 Page 14
EXHIBIT B
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(Sunbow II - Villages 5 through 10)
MAXIMUM SPECIAL TAX RATES FOR DEVELOPED PROPERTY,
UNDEVELOPED PROPERTY AND TAXABLE PROPERTY OWNER
ASSOCIATION PROPERTY
Maximum Annual Special Tax for Developed Property in Zone 1
Conmmunity Facilities District No. 2000-1
Land Use Class Description Maximum
1 Residential Property $.44 per square foot of
Residential Floor Area
Maximum Annual Special Tax for Undeveloped Property in Zone 2
Community Facilities District No. 2000-1
Land Use ClassUndeveloped Description Maximum Annual Special
Tax
2 Property $7,851 per Acre
Maximum Annual Special Tax for Developed Property in Zone 3
Community Facilities District No. 2000-1
Land Use Class Description Maximum Annual Special
Taxable Prop. Owner Association Tax
3 $7,851 per Acre
EXHIBIT C
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(Sunbow II - Villages 5 through 10)
BOUNDARY MAP
RESOLUTION NO.
RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) AND
AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously declared its intention and ordered the preparation of a Special Tax
Report relating to the initiation of proceedings to create a Community Facilities District pursuant
to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter
2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and
the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers
reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution
of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to
collectively as the "Community Facilities District Law"). This Community Facilities District shall
hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW
II - VILLAGES 5 THROUGH 10) (the "District"); and,
WHEREAS, notice of a public hearing relating to the establishment of the District, the
extent of the District, the financing of certain public facilities and all other related matters has
been given, and a Community Facilities District Report, as ordered by this City Council, has been
presented to this City Council and has been made a part of the record of the hearing on the
Resolution of Intention to establish such District; and,
WHEREAS, all communications relating to the establishment of the District, the proposed
public facilities and the proposed rate and method of apportionment of special tax have been
presented, and it has further been determined that a majority protest as defined by law has not
been received against these proceedings; and,
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of the District for at least the preceding ninety (90) days, the authorization to
levy special taxes within the District shall be submitted to the landowners of the District, such
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. DETERMINATIONS It is hereby determined by this City Council that:
A. All prior proceedings pertaining to the formation of the District were valid and
taken in conformity with the requirements of the law, and specifically the
1
provisions of the Community Facilities District Law, and that this finding and
determination is made pursuant to the provisions of Government Code Section
53325.1.
B. The written protests received, if any, do not represent a majority protest as defined
by the applicable provisions of the Community Facilities District Law and,
therefore, the special tax proposed to be levied within the District has not been
precluded by majority protest pursuant to Section 53324 of the Government Code
of the State of California.
C. The District as proposed conforms with the City of Chula Vista Statement of Goals
and Policies Regarding the Establishment of Community Facilities Districts, as
amended.
D. Less than twelve (12) registered voters have resided within the territory of the
District for each of the ninety (90) days preceding the close of the public hearing,
therefore, pursuant to the Community Facilities District Law the qualified electors
of the District shall be the landowners of the District as such term is defined in
Government Code Section 53317(f) and each landowner who is the owner of
record as of the close of the public hearing, or the authorized representative
thereof, shall have one vote for each acre or portion of an acre of land that she or
he owns within the District.
E. The time limit specified by the Community Facilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of the
District and the requirements for impartial analysis and ballot arguments have been
waived with the unanimous consent of the qualified electors of the District.
F. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of
any resolution forming and establishing the District.
SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT The Community Facilities
District Report for the District (the "Report'), as now submitted by McGill Martin Self, Inc.,
Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section
53321.5 for all future proceedings and all terms and contents are approved as set forth therein.
SECTION 4. NAME OF DISTRICT The City Council does hereby establish and declare the
formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO.
2000-1 (SUNBOW II - VILLAGES 5 THOUGH 10).'
SECTION 5. BOUNDARIES OF DISTRICT The boundaries and parcels of land in which the
public facilities are to be provided and on which special taxes will be levied in order to pay the
costs and expenses for such public facilities are generally described as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 2000-
1 (SUNBOW II - VILLAGES 5 THROUGH 10), as shown on a boundary map as
previously approved by this legislative body, such map designated by the name of this
District, a copy of which is on file in the Office of the City Clerk. The boundary map of
the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and
Highways Code of the State of California in the Office of the County Recorder of the
County of San Diego, at Page 36 of Book 34 of the Book of Maps of Assessment and
Community Facilities Districts for such County.
SECTION 6. DESCRIPTION OF FACILITIES A general description of the public facilities
which this legislative body is authorized by law to construct, own or operation, which are the
facilities to be financed under these proceedings, are generally described in Exhibit A attached
hereto and incorporated herein by this reference.
The facilities as above-described are facilities which the City Council is authorized by law
to contribute revenue to or to construct, own or operate. It is hereby further determined that the
proposed facilities are necessary to meet increased demands and needs placed upon the City, and
the costs and expenses charged to this District represent the fair share costs of the facilities
attributable to this District.
For a full and complete description of such facilities, reference is made to the Report, a
copy of which is on file in the Office of the City Clerk. In addition to financing the above
described facilities, the financing of those incidental expenses described in the Report are also
approved and authorized.
SECTION 7. SPECIAL TAX Except where funds are otherwise available a special tax, secured
by recordation of a continuing lien against all non-exempt real property in the proposed District,
is hereby authorized, subject to voter approval, to be levied within the boundaries of such District.
For particulars as to the rate and method of apportionment of the proposed special tax, reference
is made to the attached and incorporated Exhibit "B" (the "Special Tax Formula"), which sets
forth in sufficient detail the method of apportionment to allow each landowner or resident within
the proposed District to estimate the maximum amount that such person will have to pay. Such
special tax shall be utilized to pay directly for the previously described facilities, to pay debt
service on authorized bonds to assist in financing such facilities, to replenish any reserve fund
established for such bonds, and to pay the costs of administering the bonds and the District.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subject to the Same penalties, procedure, sale
and lien priority in any case of delinquency as applicable for ad vaiorem taxes; provided,
3
however, the District may utilize a direct billing procedure for any special taxes that cannot be
collected on the County tax roll or may, by resolution, elect to collect the special taxes at a
different time or in a different manner if necessary to meet its financial obligations.
Under no circumstances will the special tax to be levied against any parcel used for private
residential purposes be increased as a consequence of delinquency or default by the owner of any
other parcel or parcels within the District by more than 10 percent.
This legislative body further authorizes that special taxes may be prepaid and satisfied by
payment of the prepayment amount calculated pursuant to the Special Tax Formula.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets
and Highways Cede of the State of California, a continuing lien to secure each levy of the special
tax shall attach to all non-exempt real property in the District and this lien shall continue in force
and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled
in accordance with law or until collection of the tax by the legislative body ceases.
SECTION 8. PREPARATION OF ANNUAL TAX ROLL The name, address and telephone
number of the office, department or bureau which will be responsible for preparing annually a
current roll of special tax levy obligations by Assessor's parcel number and which shall be
responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government
Code of the State of California, are as follows:
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5258
SECTION 9. SUBSTITUTION FACILITIES The description of the public facilities, as set forth
above, is general in its nature. The final nature and location of such facilities will be determined
upon the preparation of final plans and specifications therefor. Such final plans may show
substitutes in lieu of, or modification to, the above described facilities and any such substitution
shall not be a change or modification in the proceedings as long as the facilities provide a service
substantially similar to that as set forth in this Resolution.
SECTION 10. APPEALS AND INTERPRETATION PROCEDURE Any landowner or resident
who feels that the amount or formula of the special tax is in error may file a notice with the
Agency appealing the levy of the special tax. An appeals panel of 3 members, as appointed by
the Agency, will then meet and promptly review the appeal, and if necessary, meet with the
applicant. If the findings of the appeals panel verify that the special tax should be modified or
changed, a recommendation at that time will be made to the City Council and, as appropriate, the
special tax levy shall be corrected, and if applicable in any case, a refund shall be granted.
4
Interpretations may be made by the City Council by Resolution for purposes of clarifying
any vagueness or ambiguity as it relates to any category, zone, rate or definition contained in the
Special Tax Formula.
SECTION 11. ELECTION This City Council herewith submits the levy of the special tax to the
qualified electors of the District, such electors being the landowners in the District, with each
landowner having one (1) voter for each acre or portion thereof of land which he or she owns
within the District.
This legislative body hereby further directs that the ballot preposition relating to the levy
of the special tax be combined and consolidated with the proposition relating to the incurring of
a bonded indebtedness. This Resolution shall not constitute the notice of the election, and the
Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of
the election relating to the combined proposition on the authorization to incur a bonded
indebtedness and authorization for the special tax levy and the pmpos!tion to establish an
appropriations limit for the District.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippitt ~//C/~' ~
Jo Kaheny
Director of Public Works ey
Proposed List of Improvements
To be financed by
Community Facilities District No. 2000-1
Public Agency Proposed Improvement List Total Estimated Cost
A. CCV Telegraph Canyon Road $ 2,511,041.42
B. CCV Medical Center Rd/Brandywine $ 3,253,492.66
C. CCV East Palomar Street-Phases IA $ 1,672,569.21
D. CCV Off-site Sewer $ 1,034,980.40
E. CCV East Palomar Street -Phase IB $ 1,888,932.00
F. CCV Olympic Prkwy- W. of Brandywine $ 1,500,000.00
G. CCV East Palomar - Phases IC&HA $ 1,632,940.00
H. CCV Paseo Ladera $ 2,783,135.00
I. CCV Medical Center Court $ 432, 110.00
J. CCV Public Facilities DIF $ 2~831,858.00
Total estimated costs: $ 19,541,158.69
CCV = City of Chula Vista
RESOLUTION NO.
RESOLUTION DECLARING NECESSITY TO INCUR A BONDED
INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF A
COMMUNITY FACILITIES DISTRICT A PROPOSITION TO INCUR A
BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO
PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES
DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), AND
GIVING NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City
Council"), has previously declared its intention and held and conducted a public hearing
relating to the issuance of bends to be secured by special taxes to pay for certain capital
facilities in a community facilities district, as authorized pursuant to the terms and provisions
of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of Califomia (the "Act") and the City of Chula
Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the
City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
Califomia (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW It
VILLAGES 5 THROUGH 10) (the "District"); and,
WHEREAS, at this time the City Council desires to proceed to make the determination
of necessity to incur the bonded indebtedness, to declare the purpose for such debt, and to
authorize the submittal of a combined proposition to the qualified electors of such District,
being the landowners of the proposed District, all as authorized and required by law;
WHEREAS, all of the qualified electors have waived the time limits specified in the
Act pertaining to the conduct of the election and the requirements for impartial legal arguments
have also been waived by the unanimous consent of the qualified electors; and
WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of
time for conducting the election.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The abeve recitals are all true and correct.
SECTION 2. NECESSITY FOR BOND ISSUE The City Council hereby expressly declares
and states that it is necessary to incur a bended indebtedness as authorize under the terms and
provisions of the Community Facilities District Law, in order to finance the below described
public facilities.
SECTION 3. PURPOSE OF BONDED INDEBTEDNESS The purpose for the proposed
bonded indebtedness is generally described as follows:
To finance the construction, expansion, rehabilitation or purchase of certain facilities
consisting of the types of facilities described in Exhibit A hereto; and appurtenances
and appurtenant work and incidental costs as authorized pursuant to Government Code
Section 53345.3. For a further description of such facilities, reference is made to the
Community Facilities District Report (the "Report") of McGill Martin Self, Inc., the
special tax consultant, previously approved by this City Council, a copy of which is on
file in the Office of the City Clerk.
SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS This City Council
determines that the whole of the District will pay for the above-referenced bonded indebtedness. A
general description of the District is as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO.
2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10), as shown on a map as
previously approved by the City Council, such map designated by the name of this
District, a copy of which is on file in the Office of the City Clerk.
SECTION 5. BOND AMOUNT The amount of the proposed bonded indebtedness, including the cost
of the facilities, together with all incidental expenses, shall not exceed $15,000,000.
SECTION 6. BOND TERM This City Council hereby further determines that the maximum term of
bonds and/or any series shall not exceed forty (40) years, and such bonds may be issued in differing
series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the
greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of
sale of any of such bonds. The bonds, except where other funds are made available, shall be paid
exclusively from the annual levy of the special tax, and are not secured by any other taxing power or
funds of the District or the City.
SECTION 7. ELECTION The proposition related to the incurring of the bonded indebtedness shall
be consolidated with the proposition relating to the levy of the special tax, shall be combined into one
ballot proposition, and shall be submitted to the qualified voters, together with a ballot proposition to
establish an appropriations limit for the District, at a special election to be held on the 1 lth day of
July, 2000, and such election shall be a special mailed ballot election to be conducted by the City
Clerk (the "Election Official"). If the combined proposition for the levy of the special tax and the
incurring of the bonded indebtedness receive the approval of more than two-thirds (2/3) of the votes
cast on the proposition, bonds may be authorized, issued and sold for the purposes set forth herein and
the special tax may be levied as provided in the Resolution of Formation.
SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall
generally be as follows:
PROPOSITION A
Shall the CITY OF CHULA VISTA COMMUNITY
FACILITIES DISTRICT NO. 2000-1 (SUNBOW II -
VILLAGES 5 THROUGH 10), County of San Diego, 1) incur a
bonded indebtedness in an amount not to exceed $15,000,000 to
pay for authorized public facilities pursuant to the special tax
formula set forth in Resolution No. ~ 2) levy a special tax to
secure such bonded indebtedness, pay directly for such public
facilities, replenish any reserve fund and pay costs of
administering such bonds and such district?
PROPOSITION B
Shall the CITY OF CHULA VISTA COMMUNITY
FACILITIES DISTRICT NO. 2000-1 (SUNBOW II -
VILLAGES 5 THROUGH 10) establish an Article XIIIB
appropriations limit equal to $15,000,000
SECTION 9. VOTE The appropriate mark placed in the voting square after the word "YES"
shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in
the voting square after the word "NO" in the manner as authorized, shall be cormted against
the adoption of such proposition.
SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take
any and all steps necessary for the holding of such election. The Election Official shall
perform and render all services and proceedings incidental to and connected with the conduct
of the election, which services shall include, but not be limited to, the following activities as
are appropriate to the election:
A. Prepare and furnish to the election officers necessary election supplies for the
conduct of the election.
B. Cause to be printed the requisite number of official ballots, tally sheets and
other necessary forms.
C. Furnish and address official ballots for the qualified electors of the District.
D. Cause the official ballots to be delivered to the qualified electors or their
authorized representatives, as required by law.
E. Receive the roturns of the election and supplies.
F. Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
G. Canvass the returns of the election.
H. Fumish a tabulation of the number of votes given in the election.
I. Make all arrangemems and take the necessary steps to pay all costs of the
election incurred as result of services performed by the District and pay costs
and expenses of all election officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippin J '
Director of Public Works ~ A
Proposed List of Improvements
To be financed by
Community Facilities District No. 2000-1
Public Agency Proposed Improvement List Total Estimated Cost
A. CCV Telegraph Canyon Road $ 2,511,041.42
B. CCV Medical Center Rd/Brandywine $ 3,253,492.66
C. CCV East Palomar Street-Phases IA $ 1,672,569.21
D. CCV Off-site Sewer $ 1,034,980.40
E. CCV East Palomar Street - Phase IB $ 1,888,932.00
F. CCV Olympic Prkwy - W. of Brandywine $ 1,500,000.00
G. CCV East Palomar - Phases IC&IIA $ 1,632,940.00
H. CCV Paseo Ladera $ 2,783,135.00
I. CCV Medical Center Court $ 432, 110.00
J. CCV Public Facilities DIF $ 2.831,858.00
Total estimated costs: $ 19,541,158.69
CCV = City of Chula Vista
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.
2000-1 (SUNBOW II - VILLAGES 5 THROUGH 10) DECLARING THE
RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(the "City Council"), has previously undertaken proceedings to create and did establish a
Community Facilities District pursuant to the terms and provisions of the "Mello-Roos
Community Facilities Act of 1982," being Chapter 2.5, Pan 1, Division 2, Title 5 of the
Govemment Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City
of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
Califomia (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District shall hereinafter be
referred to as COMMUNITY FACILITIES DISTRICT NO. 2000-I (SUNBOW II -
VILLAGES 5 THROUGH 10) (the "District"); and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the District a proposition relating to the levy of special taxes and the
issuance of bonds and a separate proposition relating to the establishment of an appropriations
limit tbr the District; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of Califomia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2000-1 (SUNBOW It - VILLAGES 5 THROUGH 10), DOES HEREBY
RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City
Clerk, acting in her capacity as the Election official, said Statement setting forth the number of
votes cast in the election, the measures voted upon, and the number of votes given for and/or
against the measures voted upon. A copy of said Certificate and Statement is attached hemto,
marked Exhibit "A", referenced and so incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of Califomia, to enter in the minutes the results of the election as
set forth in said STATEMENT OF VOTES CAST.
PREPARED BY: APPROVED AS TO FORM BY:
John P. Lippitt " ~
Director of Public Works ~~rnneYy~''''y~
2
EXHIBIT "A'
CERTIYICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2000-1
(SUNBOW It - VILLAGES 5 THROUGH 10)
SPECIAL ELECTION
in said City, held July 1, 2000.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole nurnbe;r of votes cast in
said District in said City, and the whole number of votes cast for the Measures in said District in said
City, and the totals of the respective columns and the totals as shown for the Measures are full, tree
and correct.
I. TOTAL NUMBER OF VOTES CAST:
II. VOTES CAST ON PROPOSITION A: YES
NO
III. VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand and Official Seal this day of ,2000.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
3
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5
THROUGH 10) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(the "City Council"), has initiated proceedings, held a public hearing, conducted an election
and received a favorable vote from the qualified electors authorizing the levy of a special tax in
a community facilities district, all as authorized pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Pan 1. Division 2, Title
5 of the Government Code of the State of Califomia (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City
of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). Thig Community Facilities District is designated as
COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SUNBOW II - VILLAGES 5
THROUGH 10).
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 2000-1 (Sunbow II - Villages 5 through 10), does hereby
ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set
forth in Exhibit "A' attached hereto (the "Special Tax Formula"), referenced and so
incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied for the
then current tax year or future tax years, except that the special tax to be levied shall not
exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the
special tax may be levied at a lower rate.
SECTION 3. The special taxes herein authorized, to the extent possible, shall be
collected in the same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorera taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to
collect the special taxes at a difI~rent time or in a different manner if necessary to meet its
financial obligations.
1
SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections
3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien
shall be a continuing lien and shall secure each levy of the special tax. The lien of the special
tax shall continue in force and effect until the special tax obligation is prepaid, permanently
satisfied and canceled in accordance with Section 53344 of the Government Code of the State
of California or until the special tax ceases to be levied by the City Council in the manner
provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
,2000;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held
on the __day of ,2000, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED AS TO FORM:
2
COUNCIL AGENDA STATEMENT
Item: /~
Meeting Date: 07/11/00
ITEM TITLE: Resolution of the City Council appmving the name changes of street
names in Sunbow development Phases 1B, 2A, 2B, & 1C to honor
Chula Vista War Veterans
SUBMITFED BY: Director of Planning and Building Departmen~
REVIEWED BY: City Manager/f,~ t) IV (4/Sths Vote: Yes__No X )
The City Council on May 9, 2000 directed staff to investigate the concern over previously
approved names (of deceased Chula Vista War Veterans) not being used within the Sunbow
Development. In order to correct this problem, staff proposes to change the street names of the
Sunbow Phase 1B, 2A, 2B, & 1C to those previously approved in 1990.
The Environmental Projects Manager has determined that the project is exempt under Section
15301 Class I (c) of CEQA because it involves only a minor alteration of an existing street
involving no expansion of its use.
RECOMMENDATION: That City Council adopt the resolution approving the name changes
of streets in the Sunbow Development (Sunbow Phase 1B, 2A, 2B, & 1C) to honor deceased
Chula Vista War Veterans.
BOARDS/COMiVIISSIONS RECOMMENDATION: The Planning Commission considered
this proposal on June 14, 2000 and voted 5-0-2 in favor of recommending that the City Council
approve the name change of the streets in Sunbow Phases 1B, 2A, 2B, & 1C to Veterans Street
Names. In addition the Planning Commission directed staff to look into ways of identifying the
significance of the names on the street signs.
DISCUSSION:
At the May 9, 2000 City Council meeting Councilmember Salas stated her concern that the
agreement between the Veterans Advisory Commission, and the. City (ten years ago), which
required that streets in the Sunbow subdivision be named in recognition of deceased veterans
was not being fulfilled. Council directed staff to investigate this concern.
Background:
On June 6,1990 Sunbow Associates submitted a list of veterans names for the Sunbow Phase II
development. These names were selected from the Plaque at Memorial Park in Chula Vista by
/D- /
Item No.: / (~
Page 2, Meeting Date: 7/11/00
a committee of five veterans. The reason for choosing the Veterans names was to recognize
those citizens of Chula Vista who were killed in war. The proposed street names were reviewed
by Engineering Permits, Traffic Engineering, Fire, Planning, and the Chula Vista Post Office.
In 1990 the planning Department approved all of the proposed veterans street names (with the
exception of eight of the names due to similarity to existing street names).
Since 1990 Ayres Land Company acquired the property from Sunbow Associates and later
specific tracts of land were sold to home builders, Kaufman & Broad, and Centex.
Unfortunately with the passage of time, the commitment to recognize the deceased war
veterans by the street names was not carried out.
Sunbow II Phase 1B Units 3,4, & 16 now belonging to Kaufman and Broad had submitted new
proposed street names to the City in September 1998. The new street names were approved
and now appear on the Final Map, No. 13720. No veteran's names were included and the map
was subsequently recorded.
Sunbow II Phase 1C, Units 5 & 6 belonging to Centex also submitted new proposed names to
the City. In March 1999, staff approved the street names, which now appear on the Final Map
No. 13917. No veteran's names were included and the map was subsequently recorded.
Sunbow II Phase 2A & 2B belonging to Ayres Land Company also submitted new proposed
names to the City. In April 1999 staff approved the street names. No veteran's names were
included. The project is currently in plan check with the Engineering Division, so the Final
Map has not yet been recorded.
In order to remedy this error staff contacted the current developers who agreed to assist the
City in ensuring the homes in the Sunbow development correctly reflect the names of the
deceased Chula Vista veterans. There are only twenty-five existing families (on the currently
named Cirrus Place and Suncrest Drive) out of a total of 804 lots on the 40 streets that will be
affected by this change. The Municipal Code requires approval of street name changes by the
City Council after an advisory vote by the Planning Commission.
The Municipal Code does not require a public hearing, however staff notified every individual
property owner by specific letter the week of June 5, 2000, (prior to the Planning Commission
meeting) regarding the proposal to rename the streets to honor the deceased veterans (see
Exhibit B). At the Planning Commission meeting two individuals expressed their opposition to
the name change due to the inconvenience it would cause them. Although the Planning
Commission understood the concerns of the individuals, they strongly supported the proposal
to rename the streets. Subsequent letters have been sent out notifying residents that the item
would be heard by the City Council on July 11, 2000.
ItemNo.:/~
Page 3, Meeting Date: 7/11/00
Conclusion:
Both staff and the Planning Commission are supportive of the name changes to identify the
deceased Chula Vista war veterans. Staff is also supportive of the Planning Commissions
direction to identify the significance of the names. This will be accomplished by adding
wording and/or an emblem to each street sign, which will denote the significance.
Staff recommends that the City Council adopt the resolution approving the name changes of the
Sunbow Phase 1B, 2A, 2B, & 1C to the Veterans Street Names previously approved in 1990.
FISCAL IMPACT: The City has absorbed the necessary staff costs to process this name change.
The cost of the purchase of the new street signs is approximately $4200.00, and will be paid for
out of existing Public Works Department Funds.
Attachments: 1. Locator Map (Exhibit A & B)
2 .. Planning Commission Resolution and Minutes of June 14, 2000
(H:\HOME\pLANN1NG\carOline\pCm4}0-26 council. agenda)
· ~'-, Veterans Sk~eetHaine Change Boundary
SHARP CHULA VISTA
MEDICAL CENTER
V~ST~, H~U- SUnbow II
.osPrrA~ 1B Boundary
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
( APP,ICA~, VETERANS STREET NAME CHANGE
PROJECT SURboW II; Phase t B, Phase
ADDRESS: Phase 2A, and 2B Proposed request to change the names of the 8unbo~t Phase
IB. Phase 1 C, Phase 2A and 2B to reflect the Veterans street
C:\m'yflles\locators\PCMOO26.cdr 6/1/00
/~-~/
PALOMAR
1. PRISM ST ( FARREL ST )
2. SPECTRUM CT ( QUILALANG CT)
3. ECLIPSE ST ( HOSES ST WEST & EAST)
~,,,~./...,=.,,,,a--------'O"~MPIC PARKWAy
Sunbow II Phase 18 Boundary
~ OCCUPIED RESIDENCES
( NAME ) PROPOSED STREET NAMES
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
ApPLiCAt'~ VETERANS STREET NAME CHANGE
PROJECT Sunbow II; Phase 1B
ADDRESS; Proposed request to change the names of the Sunbow II
Phase IB to reflect the Veterans street names previously
SCALE J FILE N~:~i~R' approved In 1990.
' o-2
b. LQ.eZ.~ No Scale 0 6
C:\myfiles\locators\PCM0026B.cdr 05131100
] I I I"
RESOLUTION NO. PCM-00-26
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT A
RESOLUTION APPROVING THE NAME CHANGES OF STREET
NAMES IN THE SUNBOW DEVELOPMENT PHASES 1B (UNITS 3,4, &
16), PHASE 2A & 2B, PHASE 1C ClYNITS 5,6,13,14,15) TO HONOR CHULA
VISTA WAR VETERANS.
WHEREAS, the streets which are the subject matter of this resolution are
diagrammatically represented in Exhibits A & B attached hereto and incorporated herein
by this reference, and commonly known as Sunbow Development; and,
WHEREAS, on May 9, 2000, the City Council directed staff to investigate the
concern over previously approved names (of deceased Chula Vista War Veterans) not
being used within the Sunbow Development; and,
W'HEREAS, in order to correct this problem, staff proposes to change the street
names of the Sunbow Phase 1B, 2A, 2B, & 1C to those previously approved in 1990;
and,
WHEREAS, the Municipal Code requires approval of street name changes by
the City Council after an advisory vote by the Planning Commission; and,
WHEREAS, the Environmental Projects Manager determined that this project is
exempt from environmental review under guidelines found in Section 15301 Class I (c)
of the California Environmental Quality Act; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00
p.m., June 14, 2000 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
NOW, THEREFORE, BE IT RESOLVED that fi'om the facts presented to the
Planning Commission, the Planning Commission has determined that the name changes
are beneficial due to the following:
· To recognize distinguished citizens of Chula Vista.
· To honor the City's commitment to the Veterans Advisory Commission.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the Resolution changing the names of the
Sunbow Development to the Veterans Street Names and a copy of this resolution be
transmitted to the owners of the property and the City Council.
/0
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 14th day of June, 2000, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Joba~ Willett, Chairperson
ATTEST:
Diana Vargas
Secretary to Planning Commission
/g)' 7
Planning Commission Minutes - 3 - June 14, 2000
4. PUBLIC HEARING: PCM-00-26; Consideration of a request to change street names in the
Sunbow Development Phases 1B (Units 3,4, & 16), Phase 2A & 2B,
Phase 1C (Units 5,6,13,14,15) to honor deceased Chula Vista War
Veterans.
Background: Caroline Lewis, Development Services Technician, reported that at the City
Council meeting of May 9, 2000 Councilmember Salas stated that in 1990 the City accepted a
proposal made by the Veterans Advisory Committee, and committed themselves to recognizing
Ch u la Vista deceased war veterans by naming the street after them in the Sunbow development, a
Master Planned Community that was then in the in itial planning stages. Subsequently, Council
directed staff to investigate th is issues lead ing to the City not fol Iowing through with the proposal.
The street boundaries surrounding the proposed area are to the north, the Sharp Chula Vista
Medical Center and the new Veterans Home; Olympic Parkway to the South; Telegraph Canyon
Road to the north; and Medical Center Drive to the West.
In June 1990 Sunbow Associated submitted a list to the City, selected from the Plaque at
Memorial Park and compiled by a committee of five veterans. All appropriate City departments
reviewed and approved the list, including the Post Office, however, 8 names were excluded
because the Planning Department indicated they were similar to existing street names.
Subsequently, between 1990 and 1998, Ayres Land Company acquired the property from
Sunbow Associates and more recently tracts were sold to home builders, Kaufman & Broad, and
Centex.
Both Kaufman & Broad and Centex submitted a new list of proposed street names for Phase 1B
and 1C respectively in September 1998 and March 1999, which did not include any Veteran
names. The street names were approved and Final Maps (13720 and 13917) were recorded.
Ayres Land Company has also submitted a new list of proposed names for Phase 2A and 2B,
which do not include any Veteran names, and in April 1999 staff approved the listof names. The
project is currently in plan check with the Engineering Department, and the Final Map has not yet
been recorded.
The current developer has agreed to work with the City to ensure that the street names accurately
reflect the names of deceased Chula Vista war veterans. Out of a total of 804 future homes that
are yet to be built, presently there are 25 existing families living on Cirrus Place and Suncrest
Drive that would be affected by the street name change. Staff mailed each of these 25 families a
letter that specified the proposal to change the street names.
Staff Recommendation: That the Planning Commission adopt Resolution PCM-00-26
recommending that the City Council approve the name changes of streets in the Sunbow
Development (Sunbow Phase 1B,2A,2B & 1 C) to honor deceased Chula Vista War Veterans
previously approved in 1990.
Planning Commission Minutes - 4 - June 14, 2000
Public Hearing Opened 6:30
Joe Casillas, 1060 Calma Drive, Chula Vista, gave a brief history of how this proposal came
about back in 1990 and urged the Commission to make a formal recommendation to the City
Council that it move forward with this benevolent gesture to honor and recognize these war
veterans who gave their lives in service to their country.
Gregory Villarreal, 1447 Cirrus PI., Chula Vista, stated he is one of the 25 existing residents that
just moved in and he opposes the proposal because of the hardship it would create on his family
in having to go through another address change, making all of the necessary arrangements with
the Post Office, bank checking accounts, DMV records, utilities, etc.
Mr. Vil larreal further stated that he supports the proposal on its own merit, however, he suggested
that the name changes occur on the streets that have not yet been developed and no residents
have moved in to.
John Kober, 1439 Cirrus PI., Chula Vista, stated he too is not in support of the street name
change on his street, as he is one of the 25 existing residents. Mr. Kober stated that he lives in the
first Phase of the development and it is his understand ing that homes have been sold up to Phase
IV, and these new residents are in escrow but haven't moved in yet.
Public Hearing Closed at 7:00
Commission Discussion:
Chair Willett inquired how many street names are being proposed.
Ms. Lewis responded that there are approximately 41 street names being proposed.
Commissioner O'Neill stated that he whole-heartedly supports the proposal, however, if the
street signs do not somehow incorporate a visual design that sets them apart from every other
street sign in the City, it would be an exercise in futility, because other than close friends and
relatives of the deceased veterans, no one would know why they are named that way.
Furthermore, the purpose of these street names are to memorialize these individuals beyond their
survivors' life time, therefore, he urged the responsible parties to be very mindful of this when
designing these signs. Some examples could be:
o to include the date of birth and date of expiration, and war they fought in
o to include a Purple Heart emblem
o to include a George Washington silhouette
Commissioner Castaneda asked if there were other streets within that subdivision that could
accommodate all of the names that are on the list, excluding Cirrus PI. and Suncrest Drive.
Jim Sandoval responded that there were no other street s in this subdivision, and it is unknown if
there is another developer in another area that would be willing to accept this proposal.
I~lanning Commission Minutes - 5 - June 14, 2000
Commissioner O'Neill stated that although he recognizes the inconvenience and burden on the
existing 25 residents in changing their address, Sunbow is still the most unique and appropriate
location because the new Veterans Homes are located there and it is the originally envisioned
area. This proposal has been put off long enough and should move forward and be expedited.
Commissioner Cortes stated he concurs with Commission O'Neill's comments and indicated that
the Ci~ should move forward and expedite this proposal so as to avoid impacting any more
future residents that will gradually be moving into the area.
MSC (O'Neill/Thomas) (5-0-0-2) that the Planning Commission adopt Resolution PCM-00-26
recommending that the City Council approve the name changes of streets in the Sunbow
Development (Sunbow Phase 1B,2A,2B & 1C) to I~onor deceased Chula Vista War Veterans
previously approved in 1990 with the following recommendation:
o That the street sign design should incorporate an emblem that would denote the
significance of the street name. Motion carried.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE NAME CHANGES OF STREET NAMES IN
THE SUNBOW DEVELOPMENT PHASES 1B (UNITS 3,4, & 16),
PHASE 2A & 2B, PHASE 1C (UNITS 5,6,13,14,15) TO HONOR CHULA
VISTA WAR VETERANS
WHEREAS, the streets which are the subject matter of this resolution are
diagrammatically represented in Exhibits A & B attached hereto and incorporated herein
by this reference, and commonly known as Sunbow Development; and,
WHEREAS, in 1990, the City committed to name approximately 40 streets in honor
of deceased Chula Vista War Veterans; and
WHEREAS, on May 9, 2000, the City Council directed staff to investigate the
concern over the failure to utilize previously approved street names honoring deceased
Chula Vista War Veterans within the Sunbow Development; and,
WHEREAS, in order to correct this problem, staff proposes to change the street
names of the Sunbow Phase 1B, 2A, 2B, & 1C to those previously approved in 1990;
and,
WHEREAS, the Municipal Code requires approval of street name changes by the
City Council after an advisory vote by the Planning Commission; and,
WHEREAS, the Enviro~unental Projects Manager determined that this project is
exempt from environmental review under guidelines found in Section 15301 Class I (c)
of the California Environmental Quality Act; and,
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on June 14, 2000 and voted 5-0-2 to approve Planning Commission Resolution
No. PCM-00-26 recommending that the City Council approve the name changes of the
Sunbow Phase 1B, 2A, 2B, & 1C; and
WHEREAS, the City Council set the time and place for a meeting on said name
changes of the Sunbow Phase 1B, 2A, 2B, & 1C and notice of said meeting, was given
to all affected property owners at least ten days prior to the hearing; and
WHEREAS, the meeting was held at 6:00 p.m. on July 11, 2000 in the Council
Chambers, 276 Fourth Avenue, before the City Council.
""' I · I'T
PLANNING COMMISSION RECORD
The proceedings and all evidence on the name changes of the Sunbow Phase 1B, 2A,
2B, & 1C introduced before the Planning Commission at their public meeting on this
matter held on June 14, 2000 and the minutes and resolution resulting therefrom, are
hereby incorporated into the record of this proceeding.
NOW, THEREFORE, BE 1T RESOLVED that from the facts presented to the
City Council, the City Council has determined that the street name changes are beneficial due to
the following:
· To recognize distinguished citizens of Chula Vista;
· To honor the City's commitment to the Veterans Advisory Commission.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby approves the
street name changes within Sunbow Phase 1B, 2A, 2B, & 1C based on the above
findings and all other evidence and testimony presented with respect to the proposed
changes.
Presented by Approved as to form by
Robert Leiter Joh M. Ka
Director of Planning and Building
H:\HOME\Attorncy\reso\namechange
, Veterans Street Hame
Change Boundary
I
SHARP CHULA VISTA
MEDICAL CENTER
VISTA HILL
HOSPITAL IB Boundary
LOCATOR PROJECT CITY OF CHULA VISTA PROJECT DESCRIPTION:
( APP,.OA~ VETERANS STREET NAME CHANGE
PROJECT Sunbow II; Phase 1B, Phase 'IC,
ADDRESS: Phase 2A, and 2B Proposed request to change the names of the Sunbo~v Phase
IB, Phase t C, Phase 2A end 2B to reflect the Veterans street
0-2
· NORTH No Scale 0 6
C:\myfiles\locators\PCM0026.cdr 6/~/00 EXHIBIT
i:,. ,,
PALOMAR
1. PRISM ST (FARRELST)
2. SPECTRUM CT ( QUILALANG CT)
3. ECLIPSE ST (HOI]BSSTWEST&EAST)
~/~//~ Sunbow II Phase 1B Boundary
LEGEND
~ OCCUPIED RESIDENCES
( NAME ) PROPOSED STREET NAMES
LOCATOR P.OJECT CITY OF CHULA VISTA PROJECT DEEOmFmON:
( A..UCAN~. VETERANS STREET NAME CHANGE
PROJECT Sunbow it; Phase 1B
ADDRESS: Proposed request to ohange the names of the Sunbow II
Phase 1B to reflect the Veterans street names previously
SCALE: PILE NUMBER: approved In 1990.
' C:\myffies\locaters\PCM0026B.cdr 0513t/00 EXHIBIT :'W
COUNCIL AGENDA STATEMENT
Item No.: / /
Meeting Date: 7/11/00
ITEM TITLE: Accepting Grant Deed for real property from the City of San Diego for
the Purposes of the planned Otay Valley Regional Park
SUBMITTED BY: Director of Planning and Building~
REVIEWED BY: City Manager ~ ¢t (4/5ths Vote: Yes __No X )
In 1990, the Cities of Chula Vista and San Diego, as well as the County of San Diego adopted
a Joint Exercise of Powers Agreement (JEPA) enabling the three jurisdictions to coordinate,
acquire, plan and design the Otay Valley Regional Park (OVRP). Over the past several years
the three jurisdictions have been pursuing and receiving grant funds for the acquisition of
property for assembly of the OVRP. The three jurisdictions agreed that the City of San Diego's
Real Property Division would facilitate the acquisitions. The City of Chula Vista has
previously received 11.2 acres of property in fee title after transfers of acquired property were
facilitated by the City of San Diego. The City of San Diego is again requesting that the City of
Chula Vista accept land, totaling 63.42 acres, targeted for the OVRP. This will bring Chula
Vista's ownership of OVRP land to 74.62 acres. The acquisition and transfer of property is
considered a Class 25 categorical exemption from environmental review pursuant to State
CEQA guidelines, Section 15325.
RECOMMENDATION: That the City Council approve the attached Resolution authorizing
the City Manager to execute, on behalf of the City of Chula Vista, a grant deed for the
acceptance of 63.42 acres of real property.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
In 1990, the Cities of Chula Vista and San Diego, as well as the County of San Diego, adopted
a Joint Exercise of Powers Agreement (JEPA), which enables the affected agencies to
coordinate, acquire, plan and design the Otay Valley Regional Park (OVRP). The JEPA also
set up a Policy Committee (PC) and a Citizen's Advisory Committee (CAC) to help guide the
establishment of the OVRP. In addition, a staff team composed of appointed staff from each
agency ("Joint Staff") was established to provide support for the CAC and PC and to marshal
resources to acquire land for the OVRP. While a consulting firm developed a Resource
Enhancement Plan, (prepared by Wallace, Roberts & Todd and adopted by the Chula Vista
//-/
Page 2, Item No.:
Meet'mg Date:
City Council on September 23, 1992), which was required by the State to address the
enhancement of sensitive resources, neither the JEPA nor the Enhancement Plan currently
addresses maintenance and operation of the OVRP.
In order to facilitate the process for real property acquisitions for creation of the planned
regional park, it was necessary for Joint Staff assigned to implement the JEPA to identify
which jurisdiction among the three had the resources to process appropriate real property
transactions. The City of San Diego offered their staff services through their Property Division
to work with the Trust for Public Lands (TPL), a non-profit firm that brokers open space land
transactions, to process the grant deeds and escrow paperwork.
In 1998, TPL, acting on behalf of the Cities of San Diego and Chula Vista and the County of
San Diego, prepared a property appraisal of the H.G. Fenton properties within the Otay River
Valley. Funds secured through various sources, including State Habitat Conservation Funds
(HCF) through the California State Coastal Conservancy, have been used to purchase a total of
350 acres to date, of which 11.2 acres were previously transferred from the City of San Diego
to Chula Vista. Each jurisdiction had previously agreed to assume fee title to the properties
until management of the Regional Park is determined. Additionally, to avoid property tax
liabilities for these properties being acquired for public benefit, title must be held by the
jurisdiction within whose boundaries the real property is located. Acquisition of property
through the use of HCF funds is contingent on adherence to the previously adopted Otay
Valley Resource Enhancement Plan.
Otay Valley Regional Park (OVRP) Concept Plan
The Otay River Valley spans three jurisdictions (the Cities Chula Vista, San Diego and the
County of San Diego) and has regional significance as a wildlife corridor and major river
course. Because of its diverse resources, the proposed OVRP Concept Plan envisions a park
serving multiple functions: resource enhancement, preservation of existing resources, and
development of active recreation. The formation of the OVRP will constitute the planning for a
major segment of the Chula Vista Greenbelt and also mitigate some park acreage deficiencies
in the southwestern part of the City. The OVRP Concept Plan area encompasses the upper and
lower Otay Reservoirs and extends westerly along the river corridor ending at the southerly
reach of San Diego Bay.
It is anticipated that the OVRP Concept Plan will be presented to the City Councils of Chula
Vista and San Diego, as well as the County Board of Supervisors, for review and adoption this
summer. Completion of Chula Vista's Multiple Species Conservation Program (MSCP)
Subarea Plan will be necessary prior to adoption of the OVRP Concept Plan to assure adequate
protection of the region's sensitive habitat areas and appropriate environmental review of the
action.
Page 3, Item No.: : /
Meeting Date:
Proposed Property Acquisition and Transfer
The OVRP Joint Staff have worked closely with the Trust for Public Lands (TPL), a non-profit
land acquisition broker, and the California State Coastal Conservancy to identify and evaluate
potential parcels within the focused planning area of the Park for acquisition. The OVRP Joint
Staff selected and prioritized parcels optioned to TPL by the H.G. Fenton Company. The City
of San Diego acquired a total of twenty-six parcels, equaling 180.33 acres, in September of
last year through additional State funding. Of these, a total of thirteen parcels (63.42 acres) are
located within the City of Chula Vista and have been requested by the City of San Diego for
transfer of ownership to the City of Chula Vista. It is expected that the City of San Diego will
acquire approximately 63.09 more acres and be subject to a transfer request by the end of this
year. The WRT Resource Enhancement Plan that was identified previously served as a guide
for the Coastal Conservancy requirements for acquisition of property using HCF funds.
The subject parcels were environmentally assessed by the City of Chula Vista and a Negative
Declaration was issued based on the data collected through the (WRT) Otay River Valley
Resource Enhancement Plan (adopted by the City Council September 23, 1992). The
preservation, restoration and revitalization of the subject properties, as well as others within
the river valley will result in enhancement of open space, which has deteriorated over time.
These properties will serve as the cornerstone of property acquisition for the ultimate Regional
Park. The grantee is obligated to use, manage, operate and maintain the real property for the
State Coastal Conservancy as future areas for restoration of wetland and riparian habitat.
The fiscal impact to the City for maintenance of this property is estimated at $4481 per year.
The property subject to transfer is also located within the planned preserve area identified in
the Multiple Species Conservation Program (MSCP). The City is in the process of finalizing its
MSCP Subarea Plan which, when adopted, will require the City to commit to biological
management and monitoring for all publicly owned or managed preserve lands, in addition to
routine clean up & maintenance. The City's cost commitment anticipated for clean up,
maintenance, management and biological monitoring for 63.42 acres under the MSCP is not
expected to exceed the cost estimate of $4481 per year. However, this cost may be reduced
substantially through volunteer efforts provided by various private and public organizations.
Future Park Management
The long-range ownership and management of the Park have not yet been addressed by the
three jurisdictions. After adoption of the OVRP Concept Plan a management plan will be
prepared and adopted by the three jurisdictions for the entire Park. Joint Staff will continue to
seek funds for land purchases from willing sellers through grants and foundations, donations of
land from property owners, or land exactions through the development process. The ultimate
goal of this long-range planning process is to successfully link adjacent parcels together until
the valley becomes a comprehensive regional park for our communities to enjoy in perpetuity.
Page 4, Item No.:
Meet~g Date:
FISCAL IMPACT: The parcels are classified as natural open space and therefore minimal
maintenance would be required. The resultant fiscal impact to the City of Chula Vista will be
approximately $4481 per year without the use of volunteers. This could be reduced
substantially through continued volunteer efforts.
AUachments
1. Legal Description
2. Deed Restriction
3. Standard Agreement
4. Locator Map
5. Otay River Valley Resource Enhancement Han
6. Initial Study & Negative Declaration
7. Gratu Deed
RESOLUTION
ACCEPTING GRANT DEED FOR REAL PROPERTY FROM THE CITY OF SAN
DIEGO FOR THE PURPOSES OF THE PLANNED OTAY VALLEY REGIONAL
PARK.
WHEREAS, the City of San Diego acquired a total of twenty- six parcels, equaling
180.33 acres, last year through additional State funding. Of these, a total of thirteen parcels
(63.42 acres) are located within the City of Chula Vista and have been requested by the City of
San Diego for transfer of ownership to the City of Chula Vista; and,
WHEREAS, said real property was acquired and it was determined that thirteen
parcels are located outside of the City of San Diego jurisdiction and within the City of Chula
Vista; and,
WHEREAS, the City of San Diego requests that said real property, be transferred to
the City of Chnla Vista for purposes of the planned Otay Valley Regional Park, thereby
removing property tax liabilities; and,
WHEREAS, this action is a reciprocal goodwill gesture on the part of the City of
Chula Vista for acquisition efforts performed by the City of San Diego; and,
THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that the City Manager is hereby authorized to execute, for and on behalf of the City of Chula
Vista a Grant Deed, a copy of which is on file in the Office of the City Clerk as Resolution
No. accepting thirteen parcels totaling 63.42 acres from the City of San Diego.
Presented by Approved as to form by
Robert Leiter Jo heny
Director of Planning &Building City Attorney
LEGAL DESCRIPTION
df I I
P.~_~C':::L D:
TE."--T PORTION OF THE SOUTHEP.ST QUl'.RTER OF Tt'iE NORTHWEST QW'. ~?. O?
SECTION 23, TOWNSHIP 18 SOUTH, RA.l\!GE 2 WEST, S.1;..l\! BER!. DING
MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, ST 'E OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THE ~O~,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF -::'EE
SOUTHWEST QUARTER OF SAID SECTION 23; THENCE SOUTH ALONG THE viEST
LIN""E OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER 650 FEET TO
A POINT; THENCE SOUTH 89040' EAST 660 FEET, MORE OR LESS, TO THE
EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER; THENCE NORTH ALONG SAID EAST LINE AND ALONG THE
EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER 1044 FEET TO A POINT; THENCE WEST 660 FEET, MORE
OR LESS TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER; THENCE SOUTH ALONG SAID WEST LINE TO THE POINT OF
COMMENCEMENT, EXCEPTING THEREFROM THE EAST 21 FEET THEREOF.
EXCEPTING THAT PORTION LYING WITHIN THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER.
ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE
COu~TY OF SAN DIEGO IN DEED RECORDED JUNE II, 1973 AS FILE NO. 73-
158595 OF OFFICIAL RECORDS,
PARCEL F:
LOTS 10 THROUGH 13 INCLUSIVE OF EASTERN ADDITION TO OTAY, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO V~P THEREOF NO. 523, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 6, 1888.
P.1;..'tCEL G:
BLOCK 7 OF EASTERN ADDITION TO OTAY, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 523, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 6, 1888.
PARCEL.E:
LOT 8 OF EASTERN ADDITION TO OTAY, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO ~~P THEREOF NO., 523, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 6,
1888; TOGETHER WITH THE EAST HALF OF CENTER STREET, LYING WESTERLY
OF AND ,ADJACENT TO SAID LOT 8, AS VACATED AND CLOSED TO PUBLIC USE
BY RESOLUTION RECORDED'JUNE 4, 1943 AS F!LE NO. 33016, OF OFFICIAL
RECORDS.
EXCEPTING FROM SAID LOT 8, THAT PORTION THEREOF INCLUDED WITHIN THE
25 FOOT STRIP OF LAND OVER WHICH AN EASEMENT FOR RAILROAD PURPOSES
WAS GRANTED BY LOUISE D. GREEN TO SPRECKELS COMMERCIAL COMPANY, BX.
DEED DATED FEBRUARY 14, 1926, RECORDED FEBRQ~Y 17, 1928 IN BOOK
1454, PAGE 11 OF DEEDS.
/
A TT ACHMENT 1
?"-3.CEL S:
BLOCK 9 OF EASTERN ADDITION TO OTAY, IN THE CITY OF CHULA =STA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP T. :REOF
NO., 523, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN IEGO
COUNTY, APRIL 6, 1888; TOGETHER WITH THAT PORTION OF BLOCK ; OF
SAID EASTERN ADDITION TO OTAY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 4; THENCE NC>?TH
0019' 05" EAST ALONG THE WESTERLY LINE OF SAID BLOCK 4 A DISTANCE OF
128.12 FEET; THENCE SOUTH 7P23' 50" EAST 218.85 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
1433.00 FEET; THENCE EASTERLY ALONG SAID CURVE, AN ARC DISTANCE OF
90.54 FEET .TO A POINT IN THE EAST LINE OF SAID BLOCK 4, DISTANT
THEREON 33.96 FEET NORTH OF THE SOUTHEAST CORNER THEREOF, THENCE
SOUTH ALONG SAID EAST LINE 33.96 FEET IN THE SOUTHEAST CORNER OF
SAID BLOCK 4; THENCE WEST ALONG THE SOUTH LINE OF SAID BLOCK 4 A
DISTANCE OF 294.65 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF THE WESTERLY HALF OF THE CENTER
STREET, LYING EASTERLY OF AND ADJOINING THE ABOVE DESCRIBED
PROPERTY, AS VACATED AND CLOSED TO PUBLIC USE.
EXCEPTING FROM SAID BLOCKS 4 AND 9 THE FOLLOWING DESCRIBED
PROPERTY:
BEGINNING AT A POINT ON THE EAST LINE OF SAID BLOCK 4, DISTANT
THEREON 33.96 FEET NORTH OF THE SOUTHEAST CORNER OF SAID BLOCK;
THENCE SOUTH ALONG THE EAST LINE OF SAID BLOCKS 4 AND 9 A DISTANCE
OF 362.5 FEET; THE:NCE AT RIGHT ANGLES WEST 124.5 FEET ; THENCE NORTH
ALONG A LINE PARALLEL WITH SAID EAST LINE OF SAID BLOCKS TO THE
NORTHERLY LINE OF A PARCEL OF LAND CONvEYED TO JOHN H. MCVOY BY
DEED DATED SEPTEMBER 10, 1929 AND RECORDED IN BOOK 1732, PAGE 431
OF DEED5; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE POINT OF
BEGINNING.
ALSO EXCEPTING THAT PORTION OF THE WESTERLY HALF, OF THE CENTER
STREET, LYING EASTERLY OF AND ADJOINING THE ~~OVE DESCRIBED
PROPERTY.
PARCEL 0:
THE SOUTHERLY 20 FEET OF LOT 10 IN BLOCK 1 OF BRODERICK'S OTAY
ACRES, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1243, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 25, 1910.
PARCEL P:
LOTS 14 TO 18 INCLUSIVE IN BLOCK 1; LOTS 14 TO 22 INCLUSIVE, IN
BLOCK 2; LOTS 14 TO 17 INCLUSIVE, IN BLOCK 3. ALL IN BRODERICK'S
OTAY ACRES, ACCORDING TO M.J\P THEREOF NO., 1243, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID S.J\N DIEGO COUNTY, MARCH 25,
1910.
d-
PJl"?Io.C::L Q:
T~~ 50Ul~ F~:-? O~ T~~ ~~~~ 2 ~0~S O~ T~~ ~OUT~~_ST QU~2T~R O~ T~~
~OlJT~=n-ET QUP._~TE?.. O? 'T=:=: NO?.T:::=:~_.sT Qu~~...?.T:::zt .P-...!.'iD TE=: SOwl:: 30 F:=:=:T o=-
TE~ ;:-~-5T 20 RODS C? ':=::=: ~.;=::.sT 22 EOD5 0= T~E SOU~::=~_.S7 QU~_~T~?;. C?
TEE SOUTEEAcT QUp.~..7~~ OF T~E NOKTE;:"~ST QU1Lq,TE?... 0= S:=:CTION 23,
TOw~S~I? 18 SOU~~, ~~~G~ 2 WEST, S~~ EE~~R~INO ME~IDZ~~~, IN TE~
C~TY OF C1-:-u..J\. V~5:~, COlJNTY Or 5;'.1'1 DEC-o, STA'!':::: c.: G.I,EOF2'E.c-..
ACCOR9ING TO u~ITE~ STATES GOV::::~~!ENT SURV~Y TE::::REO:.
3
EXHIBIT "B"
DEED RESTRICTIONS
1. The real property was acquired by the grantor pursuant to a grant offunds ftom the State
Coastal Conservancy, an agency of the State of California, for the purpose of the Otay
River Valley Fnh:lncement Plan, Phase I and ll, as it may be amended ftom time to time,
and no use of the real property inconsistent with that pmpose is permitted., except by
specific act of the legislature.
2. The real property (including any portion of it or any interest in it) may not be used as
security for any debt without the written approval of the State of California, acting
through the Executive Officer of the Conservancy, or its successor.
3. The real property (mcluding any portion of it or any interest in it) may not be transferred
without the approval of the State of California, through the Executive Officer of the
Conserv.mcy, or its successor.
4. The grantee is obligated to use, manage, operate and maintain the real property as
described in the 'USE, MANAGEMENT, OPERATION AND MAINTENANCE" section
of California State Coastal Conservancy Grant Agreement No. 92-034, as it may be
amended ftom time to time. Specifically, the grantee shall use, m:ln:lge, operate and
maintain the'TeaI property in a manner consistent with the purpose of the acquisition; and
shall assume all m:ln:lBement, operation and m:ljm""':lnce costs associated with the real
property, including the cost of ordinary repairs and replacements of a recuning nature,
and costs of enforcement of regulations. The Conservancy shall Dot be Jiablef"or any cost
of such m:ln"gement, operation or maintenance. The grantee shall reftain :lTom
deveJoping or otherwise using any other property it owns or controls in the vicinity of the
real property in such a way as to interfere v.'ith or inconvenience the use, m"n"gement,
operation or maintenance of the real property or to detract :lTom the purpose of the
acquisition. The grantee may be excused :&om its obligations for m:ln'lgP.lIlen1, operation
and maintenance only upon the written approval of the Executive Officer of the
Conservancy or his or her successor
5. If any of the essential deed provisions stated above are violated. all of the grantee's right,
title and interest in the real property shall automatically vest in the State tlf California for
the benefit of the Conservancy or its successor, upon acceptance oftbe real property and
approval of the Public Works Board; provided, however, that the State, through the
Executive Officer of the Conservancy, or its successor, may designate another public
agency or a nonprofit orgllTn7Afion to accept the right, title and interest, in which case
vesting shall be in that agency or OTgllni7Afion rather than In the State.
JBC:rc .
2-15-95
I~WPO\CRAYTON\EXI!-"ES
Lj
ATTACHMENT "2
u...... ":'0
~~I' ~~ ~~ C~/HIC H~~IS ~ 94~95861
NO. 237
S1..TIi.OF CAIlFORNtA
, kANDARD AGREEMENT _ ~oVED BY THE
m>~SOI) ^'I'T'ORN2Y GENEIU.t. _
TJm~...........r-...!i"",d,.. . eZ.:l.. d.7al~ ',1:9 tit( .
in the SIGle ofCaJifomia. by andbc:cwBcn s~ ofC.&ironu.. Ihroaah it. duty or~. qaanr1ed aNlICtine'
'....L
CDIfr&ACT .... '"
.........
97-075
'tAD"A.YD:SFEDBALBM
EIENT'IFICA't1OM I'ft.IJOB
Ttl'tEOI'DI'FICa ACrIIIG _ irAn
Executi ve Officer
IAG6NCT
State Coastal Conservancy
,~.......~
<XIII1'RA<:mk'S .......
City of San Diego
.~a6dda~
WTT1Q;SS!ITR: "IbIt I/oc 0.._ " (or """ 1ft --.sa- or ~ ............ __. ._. and IIIpnIIdOooa .rdle "'"" _au aptOacd. cIDeo
spec IV fianUb to d.c S:c.Ic acnoicc:a.... tMteriah .. wrawa! (Sufonlt nrW~ TO N rCJIfd~ by a.~,.. 4IIIOIMI1o w paid ~. _~ fbr pnf'atWf
.-.pidmo....., -""'''''''~-. If_.)
SCQPE OF ACR1lIiM1i'.NT
Pursuant to Chapter 6 of Division 21 of the Califomia Public Resources Code. die Stale
Coastal Conservancy ("the Consemmcy") lImby grantS to the City of San .Diego
("the gr.udee-) a sum not to -~ three ,.,m;Oft doDars ($3,000,000), subject to the terms
(Condnued on the following pages)
CONJ1NUBD OK
~ I!ACB IIl!ARINO NAN!! OP OOHIRAcroJl AND COHI1IAcrNUMBI!R.
110: ~.~....... ",,1IIe _ _IloNa( -....... ......ar.... ._
IN ...u.......~. -0&- ...__Iop.......,.;........... _........r___.
STATE OF CALIlIORNL\.
CONTRACI'OR
I\Ci2!CCT
State Coastal Conservancy
CJCtH1"IW:J'Ca (ffodMrdr..... ~ __ ~G ".1>-..4Dn.
--"'P. -.)
ci ty of San Diego
KYCAUI'RUIttD~
DT~.aD>>lATtIREJ
.
lvMi ~
.
HUNnID IIAMB CF.... 8IMDfO
William Ahern
""""
Executive Officer
...
A&ftKIfITBIN- ~a~'1"ICORY CCDDB AlllDTITtJD
W'fa_
$ 3,000,000.0 Capital OUtlay
^""""" City Administration Building
o 101
-...........
eHCUI4l11aED fIUR. '"C'RIS
CO>mIACr
S g
torALANCUJrr
fIV"'I-TODATE
S
3,000,000.0
-.....
Otay River Valley Enhancesrent Imp.
......"I1IUI Habi tat
Conserv. Fund/I
Support
-.
~qfG<N:r.dScl
u... tIa(r
"""
3760-301-0S4S=$2,8S0,000.00
3760-301-0262=~150,OOO.OO
..........
282
282
"'ATUn!
1997
1997
tI;at \Ills grern ajJre8018i
is~_11
. er.t 01 G9.,eral 5Booces
"-.
oam:rOP~tt:DDIIA>>ID"t'n"Z.1iI
Resource Enhancement/Acquisition
I "'~<Orr/JjIu_"'7 -"...,~",., """,.,afi-/l u,.
GWl/lIlbkj'or 1M poIcJd t:fIIfII."."... oj.. ~ ~,~ ~ 46Dvc!.
T.LA. ....
........
~
~T2 .9
'I' )..-2. -/P DOCUMEN
CONtROUBlF1LE
OfFICE O!" THE C! I Y C:..EIi
roAM ~Irf:'~ r'" :::-'i?f\lIl'!
Npt-289B4~
MAR 1'7 1998
DEPT. OP GEN. SRR.
ATTACHMENT 3
'-'- ~--""''- M..::....:..>.::..:- --;" ::>~L;':;J::)I:J.D::"
NU. 237 CJ~
- -.
----./
City of San Diego
Grant ~~ 97-075
Page 2
SCOPE 0)1 AGRRFMRNT (Continued)
end mndifinft!l of this agm:me:nt. These funds sba1l be used to acquiIe real PIUpgtf ("the
real pau~tf.) wiIbin the Otay Valley Jl"ginnaJ Park locatAOi in the County of San Diego,
Sf3Ie of Califomia. more particularly described in Exhibit A, which is incorporated by
.efb.""""" aDd aIt3dJed.
The real P.up<o1lf is being acquired in conjunction with the Otay River Valley Resource
P'nh"""""""'tt PIan. approved by the Conservancy on October 27, 1992.
The gr.mtee shall provide any funds beyond those granted under this ~-lnf'!I\t which are
-"'" 10 compIcfe the acquisition of the teal plUpwlty. -
CONDITIONS PRII'.rJmENT TO ACOUI~I-JlON AND DISBUJI~
The gnmtee shall not acquire the real p.~t)' and the Conservancy shall not be obligated to
disburse any funds under this agreement unless and until the following conditions P'.,<""''''''t
have been met:
1. A resolution has birn adopted by the City Council of San Diego authori,.;."g the
execution of this agreement and approving its terms and conditions.
2. The ExfIcutive Officer of the Conservancy ("the Executive Officer") has reviewed and
"wIU~ in writing:
a. All title and acquisition doclll11e&1ts pertaining to acquisition of the real J'lupdty,
including appmisals, preliminary title lepu&b, agreements for purchase and sale,
esGlOW iastructi.ons, deed(s) of trust in favor of the Conservancy, and iDstruments
of c:Onvey.mce.
b_ The number, location, tI...Qg1'. and wording of signs and placards to be p1aeed on
the real pa..,..,.li as provided in the "SIGNS" section of this agReIDCllt.
3. The yuicllde price of any interest in land purchased under this agreement may not
exceed fair m:or1n1 value as established by the approved appraisal.
COSTS AND D)LiBUK..~
Upon Slllirf2rtion of an provisions of the "CONDmONS PRECEDENT TO
ACQUISrnON AND DISBURSEMENT" section of this ~t, the Conservancy shall
0>
"_. 0-- ~~"., __ "~-"-I':;' 7' :;0.....0::::'..)00.1.
."'-IU.237
1;)1
". -
.-../
--'
City of San Diego
Graut Agreement 97-Q7S
Page 3
COSTS AND DNRrTR~ (Continued)
disburse a total amount not to exceed three million dollars ($3,000,000), as follows:
The pmc:base price, plus "'mdt\g costs conmcrlng of escrow, .o..uJding and title insImmce
fees to the extent DOt iDcluded in the pun:hase price, shall be disbuI5ed directly into an
escrow account estBblimM for the acquisition. .
The grantee shall MqUeSt clisburoem-t for the acquisition by .......tilt!! a 1etIer to the
Conservancy. The &,_tb;. sbaIl include in the 1etter the name and address of the gJ3DU:e, the
numbe:r of this 3grPP."'~. the elate. the amount to be disbursed, and a "'-'riptinn of the
items for which disburseDJent is requested. Additionally, the letter sbaIl inch""" the name,
address and te1ephooe DUIJIber of the title w.nP-,Y or .......uw' holder and the escrow account
number to which the funds will be disburSed. The 1etter sball be signed by an ....thnti7l'il
>~.:......Iative of the grantee. Failure to send the required leuer will relieve the Conservancy
of its obligation to disburse funds.
TERM OF AI:R1iT.MRNT
This ~e:ot sbaIl be deemed executed and effective when signed by both parties and
received in the offi"'"!J of the Conservancy together with the resolution ~1vvI in
.CONDmONS P.REr1IDENT TO ACQUISmON AND DISBURSEMENT" -ctinn of this
agJeeIDCDt. An authorized xepresentative of the grantee sball sign the first page of the
origjn"": of this agreement in ink.
The term of this '*t;&eement shall run from its effective date through June 30, 2018
("the tetmination date").
COMPJ.1tTIONDATE
The grant= shall complete acquisition of the real pIUf:""llf no later than June 30, 1999 ("the
completion date").
Prior to the completion dale, either party may ~ this agreement for any n:ason by
providing the otber party with seven days notice in Writing.
If the ConservaDcy ternrin'ttet prior to the completion date; the g.t<IDtec shall take aD
reasonable measures to prevent fwther costS to the Conse.rvanc:y under this agx~.ment. The
Conservancy shall be responsible for any reasonable and non-anC'"l"h1e obligations incurred
7
'_1_ "--',.,'.... '"""\..-'~''::: "7 ?....<:::J=='..)~""
I~J. 23?
GJ
". -:
.~.
~
City of San Diego
Gnmt Ay.,.-,m....t 97-075
Page 4
COMPI.R'TION DATE (ContiDued)
term''''"... but only up to the unpaid b~ 1,,"<;e of fund'flg authorized in this agJ""""''''''t.
AU'l':QORlZATION
The sip'''"noe of !he Executive Officer on 1be first page of this ;,pc> .h....~.t cerdfics that at its
Malch24, 1998 meeting, the Conservancy adopted tile reso1utiOll included in the staff
~"-'''''tioo attached as ExJnllit A. 1hb agreement is executed parsuant to that
a:athorization.
g
~.,. ~~ 0~~ ~~In!c n~~I~ ~ ~4~~~~l
.~~ . 237
D1
.;
"
''''''/
',---,'
City of San DiegO
Gtant Agreement 97-075
Page 5
Standard Pmvision.~
ESSENTIAI~ DRI7.n PRO" '~If INS
The deed or other instrument of convey.mce by which the gr.m1ee obmi.ns title 10 Ihe real
p.op.;.ly, or 8IIOtbcr reconied instrument acceptable to the EXecutive Officer, sba11 set forth
the foDowiag ! --'"I prov.isioDs:
1. The real p',,!,"1! was acquired by the grantee pursuant to a grant of funds from the
Slide C9"dsd CoDservancy, an ageacy of the Stale of Califomia. for the OIay River
Valley ~-'~l PJan. adopted by the Conservancy on (ktOOer 27, 1992, and !:bat
no use oftheJCal P".,....11 inconsistent with that purpoge is permi""". except by ~fi<!
act of the 1pg;,,12tnre.
ffitjgatfon. Without the written pennission of the Executive Officer, the gxantee
shall DOt use or aUow the use of any portion of tile real PW~li for miTtinn (m other
WOlds, to ..o.n1--"~1>O for adverse ch""V" to the enviromDeDt e1sewhm::), except to the
em:m 1bat the 0Iay River Valley Resotut:e Enhancement Plan adopIed by the
CouSCMUlC}' on October 27. 1992, and as it may be revised by the (\.n~cy from
time 10 time, provides ror use of the Pl.......1j for the type of mitigation P'~' All
funds generar.c:d in ~nn with any authmized or allowable 11'itiglltinn on the real
p'vpe..Lf sba11 be IP.1ftittPJCJ ~()mpt1y to the Conservancy until ~ Conservancy has been
fully paid for all of its past. 1'.-4 aDd future costs with respect 10 the rea1 pJup=1j,
including, without JimiLatiao. staff, planning, development, restoration, op=cdion and
maintenance, and monitoring costs, and acquisitiOl1 costs at fair market value as of the
time the mitig;atinn is to begin.
2. The real p'vp=lf (inr.lndillg any portion of it or any intenm in it) may
DOt be used as security for any debt without the written approval of the Slide of
'Califomia, acting duough the Executive Officer of the Consc:rvancy. or its SV~.
3. The real p.........l,. (mc1udiDg any portion of it or any interest in it) may DOt be
1ransfem::d.without the approval of tile State of Ca1iforDia; through the Executive Officer
of the CoIiseMmcy, or its "'~'JIII'.
4. The grantee is oblip~ to use. m'""lge. operate and ,....in...in tbereal Jl'up=lf as
deseribed in the .USE, MANAGEMENT, OPERATION AND MAINTENANCE-
section of CaJifomia State Cm"""1 Conservancy GIant AgreemeI1t No. 97-fTT5. as it may
be :o1llMVlM from to time.
(
--"-'-,:)
~ll; ~~ ~~ ~SjH[e ~~IS ~ 94095861
NO. 237
~,
-.
,
--"
-..../
City of San Diego
Grant Agre.elm;ut 974175
Page 6
FSSEN7IAL DEED PROVISIONS (Continued)
5. If die P.rl_~ of the 5IauII:c .-..ses for any reason or if any of the ...._".., deed
provisicms stded above are vioJauxf, an of the grantee's right, title and interest in the
real {Kol'Clty shaD. automaIically vest in the Stale of California for the benefit of the
Causcmmcy or its "V'X 'fSOo(, upon """"'Y"- of tile real p1~11 aJId "w-uval of tbe
Stale Public Works Board; provided. ~, that die Stale, tIuough the ~
Officeroftbe Conservaucy. or its~. 'SOl, may ~ anothe:rpubJic ~f or a
nonpmfit ~"i""tinn to aa:ept the right, title and fub~ in which case vesting sball
be in 1hat agency or orgI''';7>ltion rather than in the State.
SIGNS
The gmntce sbaIl erect signs identifying the acquired lands for public use. The pltmbeT.
de"igu, WOIding and placement of the signs sbaIl be sub~tted to the Eltecutive Officer for
review and approval prior to the &eqltidtion of the real pi~. The gmntee sbaIl
inc:orpora!e into this .I"usmn a sign to be provided by the CoDsemmc::y acknowJ"'T'Ig the
Consemmcy's funding ,..,.n""'".... and dispJaying the ConservaDcy logo, unless the grantee
incorporates this acknow1edgement into other JQgJ1'1ge in a manner approved by the Executive
Officer. The Conservancy shall provide qp-ifil"llti""!I for the Comenrancy sign 8Dd logo.
USE. MANAGEMENT. OPERATION AND MAlNTEN"ANCF.
The grantee sbaI1 use, DIIII18gc, operate and maiD1ain the real p....l....tf in a maxmc.. consistent
with the puxpose of the acquisitioo. The grantee furtbtr assumes aD ~t. operation
and nr.ri..t............ costs "ccnr.imd with the real property. iDc1uding the costs of onIimuy
.~" and repIa< ...-ts of a ~.... ;..g n.du&~ aDd costs<< ~I:a("..~.......t of regrtblinl'l<l. The
Consemmcy sbaI1 DOt be liable for any cost of sucl1~t: opeRtion or maintCoance.
The gratlb. sbaII.ref'm;.. ftomdeve1Opmg or ~usiug~otber poupe>,Ly it owns or
controls intbe viciDifJoftbe rea1~..p.;.t.YiDsUcha:wayas 10 inte..&..", widl'or
inconYadeace tbe use, m:m..g~DeoJt. opemtion or lP"ift.....,.;~ Oftbe real p.~1""'L.f or to
~...t from. the ......1"'-""" of the accpriRirinn. The granUle maybe -w-r from its ob1i.g1otion'i
for nISI",,&> "~~". operation and .....m...."".... only upon the wrltiim. a()1'&u..aI of the Executive
Officcr'.
ffitigatfDn. W'tthout the written permission of the Executive Offic:er, tbegmnree sba11 DOt
use or allow the use of any portion of the real ~upeiti for nritig;atiOll (m other WOlds, to
COIllpM~t~ for adverse changes to the enviromncot c1sewhc:rc). Except to the em:ot that the
Otay River yaney Resource FJlMnl'.P.lDef't Plan adopted by the Conservancy on October 27,
{O
.~ "'- ~-' I r-1 ,= n'::::x:. I.:J "7 ::>....i:j::j::J:::.ol
NO.2:?
D,
.'
---'
'-
City of San Diego
Grant Agreement 97-075
Page 7
USE. MANAGEMENT. OPERATION AND MAINTENANCK (Continued)
1992. aDd as it may be revised by the Conserv.mcy from time to tUne, provides fur use of
the lU~ty for the type of mitigafion I'IUpuSed. All funds r"""''''''' in OOfttI-tton with any
authorized or allowable mitigation on the realp.up<atj shall be remittw:J promptly to the
Conservam:y until tbe COIISeIVIIU:y has been fully paid for all of its past, p.--t, and future
costs with ~ t to the real p.i(')p...ty. mr.'hvHI1g, wiIbout mm12ti......, sraff. plllnni~.
deveJop........t, .ratutatioa. operation and Jl'llin-e. aDd monitoling costs, and acquisition
costs at 18ir marlr.oJ- value as of the time mittglon"IJ is to begin.
T .TARTUTV
The grantee sba11 be responsible for, indemnify and save harmless the CoIIservaucy, its
oflicelS, ageDB and employees from any and allliahilitics. dsoim". "",",,,ntls. tbm"V" or
costs JeSIIltiDg from, growiDg out of, or in any way 0DDIleCtI:d with or inc:ideDt to this
~ excqJt for active negIigeDce of the Conservancy, its officeJs, agell!S or
employees. The duty of the grantee to iD.......nH'y and save harmless incIaides the duty to
dcftond as set foIth in Civil Code Section 2778. This ~t supersedes the grantee's
right as a public entity to inil.......ity (see Gov. Code Section 895.2) and contribution (see
Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4.
The grantee waives any aDd all rights to any type of exp.r.~ or implied indemnity or right of
oontribution from the State, its officers, agents or employees, for any liability 1"P<'IIJring from,
growing ont of, or in any way ('.nnnected with or inci"'"nt to this agreement.
AUDITS/ACC01JNTlNGJRECORDS
The grantee sbaIl maintain d!mtI"m fimmci,,1 acoounts, documents, and reconIs 1"'1"1if\g to
theaapD!titinrI~use. .M~~ oper.Itioa and m:nn_........ of1bexeal p.kupedj. The
~':dOcumen~j' aiIcIr~ds xeJated to~tinu of the D!3J. i"-';..-tysbaU be retained
by thC i,"";'...... for tIm:C years following the date of disbursement of funds for the acquisition
by the Coascrvancy UDder, this ~t, and sball be subject to "-IninllMq and audit by
the CoDsen:aIIcy and the Bur.~.of Slate Audits duriDg this period; , The ......."..n"'.
doc:UmemsaDd J:.,oc)tds mJated to use, m"."I&~ operadon andmainfhl~..~ of the zeal.
vl(i~l,. sbaU be JPmn"'(J by the grantee for t1uee years following the year to wbicb. they
pertain, and shaJ1 be subject to 1'!r.I".;"IIri.... and audit of the Coaservancy and the Bureau of
SI.atc Audits during this period. The grantee may use any accounting
If
'-'__';"c.J
~~: I ~~ ~.~ ~~IHIC pC~i~ ~ S~~95aSl
NO. 237 LI~
,- ,
----'
--'
City of San Diego
GIant Ag:reemcnt 97-IDS
Page 8
AUDI1S/AcmUNTING1BJi'rt1"Rm: (Conliuued)
~Yljk:ux wbicb follows the ~do-ln- of wGeneraIly A.......pltd Accounting Practicesw published
by the '" men""... Institute of Certified Public Accounlants.
NOlmlSCRJMlNATlON rr.A.USE
During the ~ fi... n_'1l'1'! of this 1U""'....nt, the grantee and its (;OIltnlctozs shaD not
unJawfuJ1y tliwonmm- against. hmss, or allow harassment against any employee or
appJicmt for employment because of s=x. laCe, religion, rolor, n"rinn,,1 origin, "n. _. :/,
disability, mf'llfiP.lI condition, mariral status; age (aver 40), or denial of family-care leave,
medic:a1-care leave, or pregnancy-Gsability leave. The grantee and its eoub........iS sbaI1
ensure that the evaluation and u-tntaot of their employees and appIicants for employment
are free of such discrimination and hmassment. The grantee and its contIadors sba11 comply
with die provisions of die Pair Employment and F...mring Act (Government Code Section
12900 et seq.) and the applicable regulations (CaJifornia Code of ReguJatio.ns, T1t1e 2,
Section 7285.0 et seq.). The reguJations of the Fair Employment and Housing Commission
. ,~--,- ~.:..., .11 =- r-;::>::O=- I;::. ...,. ::;>~'::;:;::JOC:'
NJ.L37
v"
---./
.-....>
City of San DiegO
Grant AgI=ment 97..{JlS
Page 9
TJMF.r~
Time is of the ..~ in this aj;.I..e......,..t,
EXECUTIVE OFli1CER'S DEIO;IGN'EF.
The Exec::utiv~ ()/'fi(:eo( sbaI1 dP..:ig1"'t~ a Consemmcy project ""''''IV'" who sball have
authority to act on bebaIf of the Bxecutive Officer with u;sped to this agreement. The
Executive Officer shall notify the grantee of the d...qgJl"finn in writing.
AMENDMRNT
No change in this agreement shall be valid unless made in writing and ~M by !be parties
to the ~t No om understanding or agreement not incoJ:pozmxI in Ibis agreement
sbaI1 be biDding on any of the parties.
LOCUS
This ~=utent is deemed to be entered into in the County of Alalueda..
(3
..
c
CI)
E
..
...
ca
a.
CI)
Q
CD
f- C
.-
"a
-
.-
::I
a:I
aG
~~~~~~~! .~
"",~\;\,::\, :\~~\,\;,\ I C
~~":~~ ~~~~ I .!!
~\,:\~;\;'\ ~", ~"\\"'I A.
,,~~, ~\:~~, ~~ '\,'~\;\;' 0;~~ WI
. '" ", ..~'\,".::. ~ ". '" -..:" ~ ~ '"
",'\" ",\,>"" ".:,,:",,;\:\, [ ..
" ',', " ',' "'" " " , II)
~~~I"- :;
~",,'~ [
r"- ,H [ .; ~
; ~ t ,c3 ~
..,..--I--er" ~,
_ 0
""'- ~
u
b~
a~
g:~
('(/IV I '<-J.I .~i
\--'~ ,'" '" ~~\Ii~
1= u u u U ::::. 11I1JJttD/f mm ffi~ 0
[::j!9= %~ir-r:'>==- ~\1\.l !!J~h~ ~
~ ~~-a~~ ~
~') <1 ~~!II 0 ~
~ ~: ~~~~ u
L 'l;c ~ ill~!!W
~ f:",t= 11-+ "
~ i:=- t= Ilf
~~:,- ~I= IIU I~
~ ~ ,,~'-;~ r=
V ~'jl!=- /.'1 II I ~
L J U1- "-~\c-- 1/ II 11--' 11111
I" II I I 11" "'7~ r-t-, f=
1111111' III1
EfffiHf3 e
I " II II I
111"'",
1>- I H
f= -L
, V f'..!/ .,)
I
11111 II. "/
""~llm~
~~ I~
I~ i
Fc= "-
L-m=JIIIij!JIJf " '
!I \I
II' I
"i-, :
", .
z"'o:
.Jf3~
8~z
z"'w
t- ::i~U
,
r--'
__I
>
~
;:::t!o
~zo
o~G
"I'"
w
-Ij~
I
-'
,-'--
~~~~!~
UJ~~~
t---- ~\ ~\;\
~~~~~
~'''0 'J
~,~~'" r
---
- - --
~ I
IUi~~ -=
-- ==
~,::
~ ~IIII t---- I I I ~t- ~~ ' ~ .r
~--'-- ~,
c::::=:: ~ = i= / 11I1I L"'''' '" ...d?
~ II I"" -~V
: - r =iI~~~ IIu ~
==:;;;:; t== f--, Y Co
1.= '" gj7! ! .
= IT] gg ~b ~D I ~ t
If &,1i
I..
ATTACHMENT 4
..,.
....
c:
CD
E
J:
U
rei
:t:
<(
m
=
o .
-0
~DI
.!!m
..-
<::0
!!!<::
-..
~Cf.)
,2...
,,0
m.i!>
..-
00
a.m
E=
a.E
f,g
a...
0_
~'"
~5
....
m-
~"
".c::
mO
.....
00
8".i!>
~-
a.0
U)
::)
o
w
z
~j
~...
~ w
~u
0;
b U) m
~ - 5-
f:EC2
10
")I
o
o
.. .
ffi~
"u
~ ~c..
c: z'
~ ~'
<( ii:,
"l!>' I'r",; ~,
CD ..
~:'-;1r~ &,:'
"
b:8
qJW";
aiS
0:0
Q.<
" 0
..z
~"
~
..
~8~
o 0
o -. Z"
..J
- -~..,' '- "~-'--. ~ - J--;..:T~;:1d::::>..:..
NO. 237 [;i
'...../
-
OTA Y RIVER V ALLEY ENHANCEMENT IMPLEMENTATION:
PROPERTY ACQUffinITON
/5"
ATTACHMENT 5
I
Sf A TE COASTAL CONSER V ANCY
Project Summary
October 30, 1992.
OT A Y RIVER VALLEY ENHANCEMENT IMPLEMENTATION
File No. 91-20
Project Manager: Lisa Ames
REQUESTED ACTION:
Approva1 of Phases I and n of the Otay River Valley.Enhance-
ment Plan and authorization to disburse an amount not to exceed
$1,468,000 to the City of San Diego for partial imp1ementation of
the Plan.
LOCATION; Otay River Vaney betwcen San Dieso Bay and the Otay Valley
R.oad> Su Diego Couniy (ExJuoit A: Location Map)
PROGRAM CATEGORY: R.esource Enhancement
ESTIMATED COST: Planninl! Costs (exnended 1)1' committed)
State Coasta1Conservancy:
Nationa1 Park Service:
U.s. Environmental Protection Agency:
City of Chula Vista:
CoUDty of Su Diego:
City of San Dieso:
TOTAL PLANNING COST:
$162,000
98,000
50,000
220,000
220,000
220.000'
$970,000
Partial Jmn1ementation Costs
State Coastal CODserYuq:
TOTAL ESTIMATED IMPLEMENTATION COST:
(local, state, and federal funding)
$ 1,468,OOD
$35,000,000
PROJECT SUMMAR.Y:
.
Staff recommends that the CoDServancy approve Phases I" n of
the 01&y R.iver Vaney Enhancement Plan and authorize funding
to assist in implementation, iDc:1udInl acquisition of appraised
parcels within the_DeYt and, preparatio~ . or. specific lite
improvement plans for the eabanc:cmCllt of parcels acquired. In
additioJl;. ~taf'r '. recommends' that. the. CoDsi:rvancy . authorize
. filJidIul fonppn,isatS or.-~J;idditloD~rFi.cirityparceJs and.
commit a mall portion orthC"COStafor:tb"esc~1iaiCdsinOrder to
lecurc: matchinB fUDdinl for theIr acquiaitioD, which .;,ou1d be
subject to C~nservan~ 1'cyicw ~d approval;
The O~y River .VaDey ~ three jurisdictions (the Cities of
Chwa Vista &DdS.n Dieso and the County of San DIcKO) and has
relional siBnifieance' as an opcn spaCCIfCCllbc1t. corridor~ The
vaDey contains sixteen aianlficant habitat types and is home to
several endangered and Icnsitive plantantl animal species. Due to
\".
/Lr
B.l
-
/
.
'.
.~ - : :. ~ .{
a lack of a comprchensive planning document for the river valIey,
mineral extraction, encroaching development, polIution and
uncontrolled public use continue to cause serious degradaden of
the natural resources. Additionally, the recreational needs of the
South Bay community remain unmet. .
J"he Otay River Valley Enhancement Plan focuses on the natural
resources of a five-mile area of the river valley between San
Diego Bay and Otay Valley Road. The Enhancement Plan aIso
addrcsses issues regarding cultural resources, recreational
opportunities, land use and development OPPortunities and
constraints, aesthetic concerns, educational and interpretive
opportunities, economic and fiscal constraints, implementation
requirements, and long-~e:m management oqligations.
The Enhancement Plan is part of a larger long-term effort to plan
for open space, recreational opportunities; and resource enhance-
ment in the context of land nse and development concerns in the
Otay Valley. Staff from the cities of Chula Vista and San Diego
and the County of San Diego (the "joint stafr) have utilized
National Park Service assistance to develop'1In Otay Valley
Regional Park Progr~ Plan that focuses on the entire l1-mile
river valley. The EnhaIlccmentPlan compriscsthe western portion
of the Progress Plan area and will be incorporated into a final
Concept Plan for the entire river vaHey. Because of its large study
area, the Progress Plan is less detailed than the Enhancement Plan.
However, the County of San Diego has been awarded a grant from
the U.s. Environmental Protection Agency to conduct more
detailed environmental analysis of the castern portion of the
Progress Plan area. Utilizing this analysis and the Enhancement
Plan, the joint staff will be able to complete the Otay Valley
Regional Park Concept Plan and begin to implement.the park
concept.
The Enhancement Plan is divided into four pnases: Phase I
includes an analysis of the existing conditions in the context of
planning, land use, and economic issues, elaborates on th~ goals
and objectives for resource preservation and enhancement, and
id~ntifies opportunities and constraints to resource preservation
and enhancement;, Phase n'describes three broad options for
balancing resource preservation and enhancement,', passive
recreation, and active recreation, and enhancement recOmmenda-
tions;Phaseill includes specific implementation and management
strategies; and Phase IV win identify a fii1a:I prefirred land use
option.; ..
A preferred option will not be selected, nnIiVanalYsis on the
eastern portion of the river valley is completed by the joint stafr,
. . and consensus has been reached on 1In acceptable balance between
resource enhancement, reCIeation. and d~velopment. Th~ pre-
rerred option will be incorporated into the Otay Valley Regional
Park Concept Plan. Conservancy approval of Phase I1Ind n of the
Enhancement Plan and funding for enhancement implementation
B.2
17
is essential at this time: to e:atalyze: and guide: finalization of the
overall concept plan. AIl oj; the sensitive rC:S01Jrce parcels recom-
mended for acquisition and enhancement lie within the core
enhancement/preservation zone which is the same in all three
land use options of the: Plan. Therefore, Conservancy authoriza-
tion of implementa tion of Phase n enhancement reeommenda tions .
wil1 not conflict with the final preferred option.
Because it provides an impetlls for'resolving important land nse
iss1Jes in rapidly growing s01Jthern San Diego County, the Otay
River Valley project is one of fifteen priority resource enhance-
ment projects designated for funding by staff this year; and it
meets the multi-program funding criteria acknowledged by the
Conservancy in May 1992.
Without a comprehensive planning document for the Otay River
VaJley,land use decisions that conflict.with regional needs and
resource conservation will continue to occur. In addition to
helping complete planning for the valley, Conservancy funding
will enable local agencies to secure matching {unds to begin
acquiring sensitive resource parcels and developing the regional '
park in areas where. t;onsensus has already been achieved. The
local agencies are comnUtted to implementing the Otay Valley
Regional Park, and wi1l utilize several financing techniQ1Jcs (as
described later in this staff recommendation) to realize the park
c.oncept.
,
"
B-3
l"t
.'
STATE COASTAL CONSERVANCY
Staff Recommendation
October 3D, 1992
OTAY RIVER VALLEY EN.HAN~~It.n'LEMENTATlON
. ~~_ > ... ,~: ~..ii..'; .. ,. . _<.~ "-J'A'~: .:.!
File No. 91-20:';' . i'; . ~ .
"P~ojJ:~,~nagcr-.~ AIDes., -
. STA~ ......' '.'>,.~;:~'~~~~:"~',:%~~~;:.:'>.~;.,::~.
RECOMMENDATION:'" stirc icco~~ds~that.tIiC..statc'<:oastaI Conservancy adopt the
., r following Rcso1iitioIi:'pursuant.to: Sections 31251-31270 of the
- ''-'..'" . ,,' L .~, '-'01_ . ,. '. ...~". .
'PublicResourccs,Code:"...... : '
_'e _,
" ., ~hc;S~tc,~.eas!&~-SOnj..~~~~y ~~!~.9Y .approves Phases I and
,,;,.; }~:~fJ!f,;,o.1!i ~K!'l~1!eYk!~1;'~~t~en~ Pl.an., described in
'" ..tHi:+a:ccompanYJnl;;,stiJf~-""""'endation. and attached
thereto as Exhibirjj~ nd:'iuthoriiCS disbursement of an
.. .. 'iamoUntJDOMOu~~11tioiN'OJir,l11indred sixty-c.ight
;~ ~th'ol1S1mddbllan~1JiC'QiiOt.~iCiofor implementation
,,'oC.1>hasdI'eDhaJicemtliflUi6.ilDiEifdations.speeifically:
. ,> ~:'C~-'''',}~~' ~tlki':4L "~~.~-!:'i1tf?"i'';':r~-v:::t~ ,:L.
,1;""Fot:!1IcquisitioD1Cof'1JIFtof:Cl'evcn priority parcels of
. property' within" tbc'eore1'eiJ.lIucement/preservation
zone,as.shown and,idcntified.in Exhibit C of the
, accompanying': It8fr~omDieDdation (the "first tier
.: piopcr~cs"). sub,iCCt ici thc,condition that the purchase
pricc:lo~..any pafCd~a:n.Jaotcxcccd the fair marIcet
" vaJue of that pUCdu.cstabi;..';Cdin the appraisal dated
. f. . <, . ,.... ,~ , '_c..... _, ,_ "'- ,~.. w' ... ~..'I.. '.
.. Mirch 5; 1992"wJaich,was.prcparcd Cor the City and
approved by the COmcrvancY's Executive Officer;
,',
'.
"..;,..__..--.' .':V' "]''"'_
2. For the devc1oPmtnt~r. ~pcclricsitc improvement pl.ans
for thc' enhancement and protection of natural resourc-
es, consistent with. the BOals and objectives of the
EnhanCement P1in. onproperues acquired pursuant to
... this authoriza,t.io~ in a total amount not to exceed fifty
, thousand dollars' (SSO,OOO);
.... ,"; >,.<.~ f;;:~..l 1(::. .J .; ':: .~"..
3. For the preparatioD or apj,raisili' of additional priority
." properties ;withiD,the~~~ancement/prcservation
. zone as;shOWD m..Exbibit D:Or the accompanying staff
." :',~~,;.~~om:~.~f1a~oi.;(th~1.~COnd;ticr properties"); and
4. For acquisi~~D of thcseco,nd tier properties, subject to
.' , ' CODs~r;Va~;!,~~~~~iiI~!~t!i.~~~cific properties to be
4:1: ..;t;acquJreiL.:t,::.r~'"',';,~~cl~"-~-.,-,~,_:,, ~'.... .
,": .," ~...~,;: :';. \" ..~t1":;:~;:f~:~'t;::-;;.~;:::;;:~~,-~;j..;:;:~:r.'t~,.::".-0~-::;~
:",-
..~.." ,
This authorizatioD is subject to the following conditiom:
, v~' Priorto~he-~isbiiiiemcnt1>finYfunds ror acquisition,
the ExecutiVc Orficer~all1ipprove all relevant docu-
'L
B-4
Iq
'.
"
~-:
:'~
,
m~n!s, including agr~~ments of purchase and sale,
escrow instructions, deeds and documents of title
necessary to the acquisition of the property;
2. Tne purchase price for any property acquired pursuant
to this authorization shall not cXC:C:C:dfaii market value
as established in an appraisal approved by the Execu-
tive Officer; .<-:;.; ,<c,~.
. i -'....---......-.t...,:ff :,-"",\"J.,..,...... "
3. The'deed or'citJiet mstrument1iywhich the City of San
Diego takes title to the properties shall provide restric-
tions ensuring'that,the propertJcsshall be.USed ODJy for
"., ;','" ~.oI"" . .'-'~'''i'"o''''''"'"'''''~_~'' 'r .rl!11t<o:"".:. .O-J j~.. ...',
pUrPos~S:''i!f '!~~~,~~foy~~ 'EJi~~cn~ PIan and shall
not be'used'8IIe~Jlr~ty. foz:~any debt or. transferred
without the approvaVof the' Conservancy; and shall
provide for the State of California or other appropriate
'- ". ".." . . .. ~. < - .... , ..,-. -,.: 'I,,,,. "~l j,
entity; appic:i'#bj the'co~Cy. to take title to the
", prjjpertyirl~t~~~nt'D.f ..!fy !i&J}fjop.~of thesecssential
~. .. ,....~,.~"" ,~"- , d' .''''tie"1!'. '""~rJ"'" (,,!,-....~~."'_.....t'...;:.,~~
<", ,. terms- or CO)! J ons;',; ~;.', ,,,
-.~r, ',' .".~.;'..ti.t::Ji.i 'i}C:,,~;:,"i.!- ~,,0-;:..'rX:4 _
. ':,( "i,Sriiij~~~ ~cnt,Of.anYJ'DJldsior specific site
.~>,:.>;#!pi~t':!!':'.~t:P!Ps,~1IrtJa~~Js. o~ properties
;,:WJthin,4he..corC:~'It_cnt!:prcservation zone, the
" Exeevtivc"'oiticer' shall 1ipprove a work, program,
bUdget,,~ch,eduJe.-'>8DcI._y.7subcontractors to be em-
. ployed in the particular -.ite plan or appraisal; and
5. No funds shall be available foracQuisition after Decem-
' 'ber 31;'J993.!exCcpt1boSC:Which1lre the subject of an
agreement forpDTchase'i'Jid late of property pursuant to'
. this authorization; or'whicIl' Julve been approved for
' acquisition of ~ic,sCCond tier property by action of
.. the Conservani:Y.a, .
Staff further recommends that. the Conservancy adopt the
fOllowing findings basedoniJic'l.Ccompanying staff report:
wThe State Coastal Conservancy lIereby finds that
. ~ ,- "-"':,,,,., . .i '" ;."; .; ,,::'iti~ ;~' ^: f.;. 'Y._
J. The'Otay River,VaUey,EnhancementPlan, Plases I and
II, is' conSisten~:,Viiih;thepurJlOSCS and criteria set forth
in Cnapier' 6 of the Public Resources Code (Sections
. .3J~~i3l270>;~"<Iitq7":f';"" c'. , ,:
2. " The Otay RiverYaIJcy EnhllnCement Plan, Phases I and
" " II, iS1:ODsiStent,witJfthe'PideHDesancl criteria sctiorth
' ." , " in~thc"'CoDServaDcy'i!COutaI"R.houree EDbDccment
Program Announcement;. .
" . ",~'" ," L::' -;':;r-:':';;,.,:,;"l~,. -?',," "" ...'.,.', ._;
. " " ..." 3.~!:, T1Je>,9~ay.':t1Yf~~t.U~1;!,Jtas,bccnjdCntJfied. i~ the Ci!y
: of San Diego Local coastal ;Program as req1lJDDg public
Ilction to resolve existing Or potential resourceproblerns;
. '.. ,,:,anct,,_, ;-:: ;~:'~1;:,~'~;.:d ~(;:it;1.:::i'r(;{";;.~ ,,1,!:'
",. " ~', '
-)
.
4. . . The Conservancy Wzcviewcd the City of Chula Vista's
. Initial Studyanll Negative Declaration, attached to the
, \
B-S
d-O
accompanying surf recommendatio~ as Exhibit E, and
finds that there is no substantial evjdence that the
project will havi: a significant effect on the environ-
ment, as defined in 14 Cal Code of Regulations Section
15382."
STAFF DISCUSSION: ,. -.c c' ." ",,, _,' - 0 .' ,. ::..,:.;. : '...', ...
Project Description:' Starr.i~ollim~nds th,at t~c;.~~~cy,..pprOYe Phases I IE. n of
" .: the ptay Rjy~ V~1!ey En~a.!I~~cntPlan aDlbuthorize funding
'. to assi,st in .in1pleinentati.o~ in~ludin&~cguisitioD of appraised
parcelS' wJthin.;tl1c'- valley." .and' 'P.s:~tioJir-iOr-' specific site
. . i 'iDipro,,~;neJit:p]anS':ioi_'die:.eiijjaJiCCmcDt~r.parccJs acquired.
. ': '.. .ThcSc.~.J::i~!.}~e~~; ia~~ji~C':ih$,y,;J1~OD,,:Exhibit:C. In addition,
staCf 'recommends. thauhe,Conservancyauthonzc' funding Cor
appraisals of several additional priority, parcels (Exhibit D) and
_ y co~:~jt.a'-=-~P'P~~~~"..(~r,th~;SCCOJ!ditier' parcels
. ". .' - '., "i~oriiCr~o sccUrC;1Datchbi&J:!inanngff~ciitJater~acquisition,
,,' ''Wh~~ould ~u])jC4~!'!.~qr,.ft;Yj$tW!Snbpproval All
, '..-r'.."""r..."""''''I........-...'''d'...........:.:tj.o "4 "" t li
". ..,''O.;.:,~~~P,~5:if,,!:,P.~~...~!~:! ,~~ ,cD~ :i'~ . "~en e
, ,-, "Wlt1ilD'l1'COre enhancem~l~tion'2OJU:id~tifiedmPhasc
n of the Enhancement PJai!.: BCcause:this 'ZOne is the same in all
threc land usc:.options (If, thc.1'laDi;jDq)JM."iItto1iciD.'of the Phase
, o...-.',r",". ~,";"'''''~''M' ._<X-I'-<-, &_..0 __....-...- ","".' . ~ .
n'recommendati01lSWll1:no! conflict:Wlth.the,prefcrred land use
. option (Phu"tlV) wJien'itis K1ectcdJImplcinentatioD of Phase II
rccommendations is proposed at this. time 'to help expedite
compl,~~i,!n ~f p'~~~~g IoJ.: th~~ntire river.vancy.and provide an
. impetus r~r,thelocaht&CDcicsto.securcmatchrf1l1ldin& to imple-
, ' ment the Oti'y R.ivu Valley Rcgional-P.ark,Conccpt:7hc follow-
h. mg project desciiptiond~bcs ind,~,thc.EDhanc:cmCDt Plan
- recommended fcii-Couscrvaucy approval and thclJ'C':ificimprove-
mcnt plans and acquisitions recommended for Conservancy
funding to implemCDt the P1an., .-'.: '. .'
ENHANCEMENT PLAN AFPROY AL--,
Otav RiverYa~I,:v ~nhaneement Plan',. " ,..
.l'." "'. ""'-,~(:"'.,. ."~ ':..'l-:'~"'t~'1 r.~'~.d~- ~_;>:~~~ :.'!!,rje ~~.
- , The'Ota{River Yalley .EnhaDccmCDt;:Plan~s':devcloped in
consultation with reprcsentativcs from the cities of Chula Vista
, ~nd.s!t~)>.i~gOo~ttc,.Co~_ty,-<<!t~n:Die&O. the'CaliCofn;". Depart-
',' "'JMrmCrit"orfF'1S11'iDcf"G8m~,thc UA!F".JSh aJld..r.WiJdlifc'.Scrvicc, the
. "w '}~'NaiionalPariScrvjC:C:iJiiith~~ocal:eitizcns~visoJ')'irouP. The
-"v-~;i:;Y'~jri'i1!~fj~rtirdjt;ar~gr:t~e'~i.""ccment:P}an:inc1u!les theziver
r~ i:f~t~vm~ "'.ti't~~"SailDj:'oJli';udiha. ..van - ~d1(Exhibit A:
, ."..._. ,.A""-""1!:t/l..~';~,f!"JOil},::~:;'..->+C1_~..I",~I~,.'<...~ . . !f...." ,Q ,'.. "'.'>,
" Location;......P}.. ,; ,0: c'.; . '," ". ':"" c, c
= ,~_L~-t'::~~~~;.~~,;;';\~~~:;~~~i\tt~if:' ;.~"f~~f;:;:~i.~ ,;~'ti,;,~~.'J, ,~A..
cr, J:, !""t_1);XT1il"EDhiD~cn't, 1>1""'rOI<USCS'1)n;thc~t1InI;raourccs or the
j;rr"R~ v:i'~""'c''cf:i!omp1mf~ihe1StIle:.:.pJ,'''ft.~I<:d~arii1Wepared for
. _:~~~ '.'?-ih~~~iiaeiocus~.on~Cl.tiOD'.;and;dcmoPlDelit However,
J::;bqt.'; .f,.,%..'tflca1fj~:'jtj$;Tiircaiistichio:_roita,siDg1c].1)bjcCtiVe' within a
,,: t ,-,., corripicf'i~~~tCD:~ed:~~a~DCh as1hC.Otay;Valleyithe Enhance-
B~6
;;L('
"
ment Plan also addnsses issues regarding cultural resOurces
,
recreational Opportunities, bnd Use and development Opportuni_
ties and constraints, aesthetic concerns, educational and interpre_
tive opportunities, economic and fiscal cOnstraints, implementa_
tion requirements, and long-terID management obJigations.
)
In conjunction whh the En~~nceIDent,p~. s~frrrODl the Cities
" orChulaYista'iUid Sau'DieBo and.the'Co1iJi"OfSlUi Diego have
Utilized:National-cParlC'-ScrviceilsSiStBiice ~todc\'-elop an 013y
Valley, Regional. Park Proirestpl&n 'ihat1'OcUses on the entire
. H-Dlilerivervalley. TheE'ilJianecmentPlUcomPr1SCs the western
' portion'ohlie:ProgiCis:PI8'i area'antt will be incorpOrated into a
' final COnccpt:PlaiJ,rorrthcCiitirerlvir"\'alicy. Because or its large
' study area, the Progress Plaids less detailed than the Enhance_
Dlent Plan. However, the CountY. of SaJ?])iego lias be,en awarded
- --. ... ,,,,-,"'-""-., ~,.,. '.,.,.,.,i'-.-.\....>>..,.:o.<IiiJJ;.,~.~ _
' a,', grant 'frOIDthe:EJivJronIDcntat ProtCCtinn'!'A.gency :to COJlduct
,~ 'DlOrC~detiiilcd'~JiviroJiJiieiitaj~DaiYsiS'ciii'i:Jjei:Ufcnr portion of
",', ,~';"the\Prog'ress Phfn"arca.~~iliJUJjii.iDd 'rhe'Elhancement
,-, "Plan; the'joint:star.r;.WjJl'1ic~bJe-to compJete''tJic,'Otay Valley
;';:B:egionaJ'Park"coiit:cpt~jiii~':',;" , ,', , :-.' ' ,
'.,,~ ,"~"'f'~~-,'1<..::'~rl..~-.~:tU'~~.::~tt:',"':~' -"':' . ,_"' "'n '
"Th~EDhancementPJaD'stii~ that1hc.OyCtBJlaim in PJaDJling for
' oPCn'spicC:~inrthe"~aJJeY":iS;to 'dcve.Op:1heOtay Valley as a
rcgionaJ)Y'Signmcani"opeii''$''paccgrccnw.y and passive park,
integratingna tura] resourcepreserva~onand enha2lCeIDent, active
and, passive public recreation;' 'cuJtural zesourceconservation,
floOdplain'ID3nageIDenrObjccih;ts.~and providing an'opcn space
" : buffcr:Detween' the~'citicS'or CIIuIa'V~ and"San'Diego.. To
accomplish thUgoal, theEnhiuCCtncntPJaIi Was divided 1ntorour
phases:, , , " '"
"
Phase I of the Enhancement PlanmcIudes the fOJlowmg cleIDents:
an analysis of the existing Datunl and cultural resources within
the project area, as welI as the pJanning, land nsc, and economic
context; identification of opportunities and constraints to
reSOurce preservationand,enhancement; and elaboration OJl the
public goals and objectives for preservation and C~hanceIDent or
'" '," resources,within:the'valley.YC":', ," '~..\~,'"
i" 'J ';, ,,:, ",; ,'" ""~";":~~::~;':.:;~":'..','t;:::,~, ,;,;
, ,; ;'PlIaseUof the:Enhaiiccment'Plan'describeS threcbr'oadoPtions
,1<n, ;;fori,bli1a:nclng resource' pieK.";itioti<uciieDJaan&ment, passive
' ",' "recrcatioi1;aDdaetiVcTcCrCa1iOD.'2W;,(:co.O'S;'i1~Jiceif:CDtl preserv.a_
'~:'P., UOJlcf.ittidentif;j~f1i8i~:~n~""~~'"'' . UlUon
;' ~t,;iJ'~;~:~OPment{Scnsi~iVCbi~~1Dd.r'd.'aii'~~~ces,and
flood way areas. The basJC COre Zone hth~'-same JD,aU,thrcc
oPtions. In two,' of. the, OJ), "tiDIIM',the, '," !J;.e, . ;,;'~, '" ,mDI,' e, ndCd for
. ": "i~1;~,cnhancelllcnt:at:e;"eXpajic.?Cd~OiCJ~1i\'~~e.' OPtion 1
",: c.:;", ,,;,;;,,! desCribCS~tJie'2lliDnniiJII~Dcem"iiitl1~~ \':tjoiiPDssibilities,
. :;"'i;"';":'OPtion:2represcntsamcdi8ii~timr&lrmaUV~and Option
',' ;".i-~: .i~;".~: 3d~Crjb~themaXiinUii1enf1i~DJC1itl~tionPOSSibjJjties
,".. ~bifF:l.and~Usc OPtions); StlCcifically: ,_""Y" .
.
~
. ". -
. ~ I
B-7
Option 1 would focus on passive and active recreation as well as
potential private development and redevelopment opportunities,
while providing for resource preservation and enhaneement of the
most sensitive areas of the river valley. Under option 1. 49
percent of the river valley, between San Diego Bay and Otay
Valley Road would be preserved or enhanced in its natural state,
12 percent is proposed for passive recreation, and 39 percent
would be designated for aetive recreationor i1cveiopment.
_....-". .~ u. .,::-:"ri'~,';,~c~- ..,.' :"
Option 2 provides for a balance betwecn'J'csouru preservation
' ,. '."1.","'- -, , ".,_.. "-". . _ '. .....
'.id: enhancement.~ passive~ and activc.zccrcatioD;- ud private
, dcvCJCipmcDfaid~tedcY~~DPmcnfoppoit1iiiiiiciUnder Option 2.
to ,- '"" '.-, . ....~. ,;. "'"" ..', ..._. ~_ ... '.~. . ..... ,; ,_ .
- 65 perccntor thc'river vIlley,study,.arc:a:;would be prcServed or
c:~ha"11ccif'iint~;n'aiUr"1~tat~3'peicentis proposed for passive
recreation, and, 32 perc;ent of the s~udi a,rea ,would be designated
.. for actiiic::rccrcauon' or'dc.vClopmcnt+ ",ON,""" il
.. ~'; '''' :'.r.':fiiii'tri'~d;J~"l1:/ttv.;4J-.;;i1"~~.'E'1.~1I~~~' ',_:.....~...., >"' Lh\:',~",_", .
. . ."' ",' 7-'~'_""W"'4,:::::~2ti"1:'.~:t:3"!""'m-:"<i:1bi"r!t."1~1'<:"'1!J";U::ri'~f,i$%~rrX\ ~:' -:;
, r "t "', :"o;:op'!!Oi1i3,;p,~YJ~f:~.....~~I!~!~~;IIm.~~ttOft!esourcc enhance-
. ",~g~99U_~$10n~J,~~~i!';~"'~~'!c:cE1_e.n~,Of a natural
'systCDI"$'ttiC"b~c:st])fJOf1ty fOf'the:wcstem'.half of the Otay
., ~!~!X:~19):....Y,~~~9&~!lIJ%t?~'p'g~~~!~e;fiy,c:rvalley study
'arC!~~.!:n~!~;1;ie.;1'r~.~~~!~]L~~..1-~',.J~~,J1atural state, 2
. ])cfcc:nt is1)J:.oposed! OI;,J)IISS1~c ~cc:r.cati~noand.2B percent woul d
,_. .,... '.-",' ',-.. ....,~ ..'V...""......-.....,.....A ..,.__ __ . - .~
'. be dCS1gnated for active ~ccrcation -oulc=vc1opment.
. A conceptual regionattiails plan and jo,f:a~ion.of staging areas for
-''Use of the"ttails'j$' siinila; for:iILthrec:options and shown as
"Exhib3i'G.c..,~ ~" ....., . .." . '.,
" '
. '-'" -.
); preferred oPtion,will.JIot,be,selectcd 1IDtil,analysis on the
eastern portion of the river valley i$complete and consensus has
been reached.on an acceptable balance between resource c:nhance-
"ment. rccrcatio~ And deve1oPI!ic:nt..Thc prC1'crrcd "Option will be
. incorporated into'the Otay, Valley Regional Park Concept Plan.
Conservancy approval of Phase I and n of the Enhancement Plan
and funding for acquisitionsiscsscntialatthis time to catalyze
and guide':finaliutionoC theov.:i-an:cXinccPt'plan. Without a
, ; comp~C1t'Cii~*c PI4Dn.~I:~iicii!jj1~~i~.f!?![th!t.QtaY..:1Uver Valley,
.' ,"':, <':'I!~~~)1~~!5,ifD$,c~ifl~CoMl!~~!1l! ~~~!~1D.,,,~ds, a.n. d resource
:"i ,.!:;::~~~9~:~'J1Y;.f~f~J~\:~t.~E,C;u,!~i!t'l!!~~o,nc to.~he1pi~g
.;tt\~;;;';,;}~~itj~lj:atfdfl~~~l!i~~~i~~~~::lng ir~n
,', "I" ". _":ow.. .%,_",,,'N'''........~.,. .'"'d'"L-~...~ttia.t,,~',.... al.~ k .g
~~i;:~~q~.:'. """'~. ~r\..~:.t~V'~!1~~~~chi'~.'~~~.~,.:par In
",~- .- ,"" .. Areas-.. .coJISCJISus.a . if, e, ';j)i!!'.":', 'co "
<& '-',,,.;,,j,.~...,',.....;,."'"':~~:~,;.1It;"" .;'''t~'i"...."'''-~~,,'''''-l ,...~....~ "'"...,.~.. ..,~_.. ...... .,.....,.. .,...., _...
_:.~ i": ,~::;~:'~:;:: ~. .~"~,~.,~:~;_~:._-..'_..~, - .' .":' .~:;"".. :,' x 1:', ~:.. ':~: :.: : :~I~~-~:; ;;' ~~ \~'!-:"l~<.~ o_.:~
':""~::;f""h PhUes~mc .Ddl~1nc1ude4C"""'...eJI~tionl;rD1:. specific
"f~iiA'P~ritiifii~n~maniiCDiciitsitatcli~~d~fiJii1 preferred
,,'0' ." "GiDcralimplCmciltatiODitta ; . ":ihtltarcmcludCdinthe
'," t',;;,~'~, ,,~p'~n~. ....:pq... ~t~1if~':;clw]~~fiDatGPtionisSdcc:ted.
...:t;':-'=-~"OI:I~~:iI!!!'~'<oP.~::_,' """,,,,.,_-..,,,~ "''''C' . ,., .
,~J ::~~'~~~J~~~P}:!~~~~~!!!L,jI!ltm.oll~~;PJal1 for Conser-
':1;';"'; 'Z~.;Va.!.CJ~.apl),~~ti~1!~~~t;P.Ja~.t.Yatl.cx,:~~al::park CoDc~Pt
:', ,..... ""~"""'~Pla1i:is,Q)mpletc:d In apprOXjmatel~~two ,years. 'The cooperatIve
_."... ~ ",t.>.-_ ":>-"""'''''4' II""..J!?~ .!....~ :...~ ,...... ........ .,.~'.... ...._.... . _. .
.', ~!!<~C "~la~~~p~~t~e~,n. th.e V8;~J!lus.~gel1cics and:locallDterests ensures
,-
-.--. :
B.-8.
c:;).-3
I
"
.
that the Olay River Va1Jey will become a regional park and thaI
these interests are committed t.o long-Ierm management of this
signific2nt reSOUrce,
IMPLEMENT A TlC?N FUNDING
. A:?u.,isitions >'.
"..,.....-
The Enhancemen t Plan i.dentifies prime manhtand, riparian, and
upland habitat throughout thc.rIyci~vanci. Thcschabitats in the
'. Otay':V:aJlcy -h~vc:. bc~~'. s~J~ely;riigmCiitCirua.l1d degraded by
. agricuItural"'practices;';.Ia~~,: iu;~~,'BriVc1"mining operations,
encrOllching':"urbanizatioD', alld ,uncontrolled pUblic access and
misuse~ Degradation and fragmentation of habitat threatens the
via bili ty of Sc?~it:i~e ,p.~I!,Il-.t:.a,n~r.,~i'J:~r~P.:flcS~~~ disrupts free
movemeDt of wIldlIfe'along'the Otay mVer VaIiey. As noted in
the ~hanccm~~~.~!~.n..~..!g~ea.;,."~!ll~1IYd~~~nd llabitats
c. m'SoutJie~h(1)rnJa'Uc'weU' ocumcntecrand.!urther reduc-
' tiOJis;oHviil'j,';aJl'1ir~u:at'l~~d~Cii..1ricani-::' .
:.f td :it'IT'2::~""~;;,; ","'. ~::';t~:;;";'::~":~:::;;;;~~~::;:;;:1.'
. ,. 'The'~Dhaii-ccmenf'PlaD"'recOlI1!iiendS;DniDcd~c. Protection and
. enhancementof:sen~itiYCl1tbitat tDd)vctJaliil areas:;n the river
vaJIey before fUTthcr degradatiOn oCcuri:ThCJaDd USes permitted
wHhili'and 1sdjacent-io' the'YivtJ' VatJey such' as agricultural and
}jght industrial zoning inf~l;1ence the Il.eed. to purellase land for
resouerce prot77tion: Landf!hat ~r~ p~~teCtcd .liy:existing local,
state;'and-federallaws and regulations arenotJ'CCOmmended for
public acquisition. T.he Plan also recommendS that alternatives to
fee acquisition suell as transfer of deyeJopmcnt credits and land
dona tions be ~nsideredbefore ~ny public acquisition OCCurs.
In August-1991. the ConservaDCy authorized funding for the City
of San Diego to prepare appraisals aDd acquisition doCuments for
up to fifteen sensitive resOUrce parcels in the Otay River ValIey.
These priority parcels were ranked using the baseIineinformation
from Phase I of- the Plan andresource value Criteria developed by
staff from" the' three jurlsdicti~"T)1,e.r&tno.\r~i. criteria were
· ,,' i.1ISeditoevaliliteya1JeYPilrc'ClS:.wCtIiiidsAnd"UsoCmted uplands
,,, ',. potentiil{isprOvidc!i iD'FDh'b(fGam~cb'de"r"tiiii12620(C)I)"
',. , "'2i:i";>;B;'''i1Unl~cU~r.;~~tii:in ~,'~~~~i~!:;~CODditiOD or
. ~ i .,.,.improvemen&"a#ess'(JePl,i'Ad p1i~~1);.J;i~l~foother park
.. .... .' ,.'. d'tli'-' '~'f'~"""-"'""ti"~"'""""'r~"'''''~''' ............f
. ..iiC:'''''''.i.,areas;an .Te!~:o ;u~uanua O~'AUo,Ule . ....~..,.1.... or
. .. '.. ..... .-...,r....'''''''..-...-.-"1~~''''''I.~..... ....~;;."'.
I~ ;,'t,,; ~&*4:a~:4~~(~~1~'1.f~ifR~~;~~iit~
Therefore, acquisition of th~ 'PI,r~ for.resource,enJiaDcemeDt
" · ;;" ,""'<1, Pur~OSeS"'WiJJiiot:ciiiif1iCt-iKtfi<<r~M.P~na:~jitioDi.
"c. . ~<~ f.:'itil!>l'P~~~=~~~~t.n;7t::'Jf~~_
:i"" L.':Mnyoufor;1:m='11IteCD'1I8n:t!~'me~~ or.~l;;vQ~~ agreed to
t "'! "';".~'",- 1'''''~~;,C''L,,'J.'::t.''''I'''Cfi'.'''~:!~ -dt'r.q..;;an.?'~~I"t~"t.. - h
"-"1,~.~,,~!t propertt:;.~~~u'.ess~cycn A~"~~. .J-ro s own on
'~'''ltEihib1i'<!in~~FJ~~a1!j'ij!~~~II,~.'!!X~CcJ;NO; (APN)
.. 'i.~, 622~17J::09;i\PN ~22~11!04;f.lN,~"'i~::Of;.~,62g-oSI_02 '"
;;,,,,, '12-"A'PN"j fj28-oSo:.l'7:t:SJ~3';.t SS.tAPNt'629:no;;07. and APN
. I, - _ . _." ...,,\_ r~"""':j'~":').t:.J_~'"'__'"
· 63J';02()!il~Fiir tiiirkefViJue~orth'e'Pa'iCili'iotil1 S984,OOO. This
"J;
^ f
.. "~'~" -'......
B:9'
:J-f
.
. .
authorization wjJJ .:nabl.: i:h.: City {;If San Di.:go to pursue
negotiations with these property owners, and begin acquiring the
most sensitive and critical resource areas identified in the
Enhancement Plan.
If all of the first tier prope.rties arc not acquired, the remaining
funding will be applied to acquisitions oC other priority parcels
located in the corei enhanccmcnt/preservation20neldentified in
the river valley. Be~ause;o(.a:cJaaDle iD,1hc:;Jtatus'of possible
willing sellers, several par~:or, \'cry~Jaj&h J'csourcc value have
been added to the priority listina.ThcsCSCCOJId1icr,propcrties arc
shown in Exhibit D and,J!ave the~fonowm&Ban.Diego County
Assessor's Parcel NumberS: 62H13o:.20" 18;621~120-18, 622-151-
04,622-152-04,622-161-04,622-162_02, 627-100-13 &.16, 622-190-
15 &. 16, 629-070-01, 02, 03; 12; 13, 14, 21, 22, 23, 24, 25, &. 26,
' 629-211-05,'629-220-01; 631-020-20& 36i{j24-071~OJ. 644-050-02,
, 07 & 09. Starf reeommcDdi\t1iii'tlic"COiiS~~dtY'jDake available
S400,OOO toward the acqu~tionofsccond1iCr.propcrties in order
:' _c Icir;..'the:iJocal"'alejfcies;<1o~vUiii~!ft:;;fcll~~rijids. Prior to
. . . - '>-.Ldisbuiseuient\Of.:tJiiS:r:iindiJii5i8t~m~cConscrvan_
,. . '" ""-'-'d'-"--"'~~~,..;.""'~---''''''', .
,i"'-CYf forhcv1e~....1i ji'&PPro~":li..u~\t"uO~...CDds,that' the
" Conse""anciy:eoDdiiio~~1ieutllomrti01tr8racqf;isjiions with a
, fourteen1lionth~tilne'limit:;' C,;~<. .", "., ',: '.', ,
- . -;.....:~";:.o.. ~-~~~::-L',~,,'~~;... :~"-
Soecific Site TmDrovement 'Plans
The propcrtiesproposed for acquisition wDl rcquire-sitc-specific
planning to proceed with MOva! of exotic vegetation, re-vegeta-
tion or sensitive species, fencing requirements.~nd,mtcrpretive
signmg;;1)ncc'aeQ1Iired;' If th~ 'City,acquirC$aU; the first tier
piopertics,'staff;'CStimates that' the'cosf ~r speeifie Si1C plans
would,totallSSO,OOO. If all' o{''thc'first' tier properties arc not
acquired; tbesefunds could be used for acquisitions of second tier
properties, subject to the review and approvaJ or the Conservancy.
Additional ADDTaisals
"
AS. stated above, starr from the'three"jurisdictions and the
Conservancy have' identified several parCelS, in Itddition to th'c
parcels appraised in March, within the core cnJaanccment/preser-
.," ct(vation area-,that'nte 'higtilji~c&"i:;'i'iD'th'C'~1:';ition criteria.
:, if 8-~r,'!J~:j;Conservan~-staf'f:Citimatis:t~t\j)p~t;ai~G}1h=~'SCcol'1d tier
~ ." . ....'il1...... ~""""~"""'''#~t'l~ ~, ~1I":f:~l"" ,
"'~~fiv':~~:i':prOpert1esI:w 'cost'tpprOXlJlIB e . . "", ',' .
"'d"C';"'::'i'''~~:g'l~1~~~' ".,;: .,.;..
-""". .'...-,'W.... "". "~~".'''' ...,...."""...'. '." .~' . ',,, .'" ,
'-~~~""'\ ",-'-'" "'''''''~'"''''x'.~ -~""",,..~~",, ,~ , ',~. ','" '. "
ProjectFiriancing:j~TJie~.aiiil''Conse!~I!CY.; . .'C'", "ft.}\...".",. ,d"162,000 in.
'.",.ii";;:'.~.4,".,,;:,,, ;;;,.,.en..b.an "ccm.entPlannl118CO std... ;O~tax1U iYjJJc)'<(SSO..o 00
. .":('.!~"''':,'..fM''-. '. ~ ...~.O:. ".. ~'i>..{='. .~.."t' OO"..~... r' ,.I!lYB1.RI11 "C""." .. -.' -.,. .. " >."""" qu'ver
"~. · .,~ -''!\\W;",~""",Y,. ',' .0. _" ., ... ~~. . ,
.,;;k.,:(''iiR!'Wl<,Vil1CftitiaDCemCD'fPl 'S3~tIOO or,g .orru'lttier
..:.~i#-;~'ti'PtoJ)ertits')!#,ftl1ct1ielac'a1iieiCIQ'iUe:CoBm~~sSI0;OOO in
. ". .~pJIIJffiiiig11:Osis11iJ,;&JiiVC'FCO~~ttt~d~ih~siSb;OOO;~ An' addi-
. .. tiona~...S148,OO~ of'1ed~r~.J.1!.~~i1!~~]1&h~,~9t~~tional~ Pa~k
ji .,",';"';:"Servlccand the'U;S: EPA)'havebccn"'COiDminca;ror,plannlnB 1n
'. ',. , ,. - '.'" . - ~ "., -~~ ,'-. .'",,' , ~ . . :, ,. .,..- . " - ',,' . --';-'1'
therj~"er:vaUey:'.;"'''''' ' '.,,, ',', ".'.'.. "..,.~.' "".
~-S-'
"
B.lO
Staff recommends that the Conservancy commit a total of
SJ,468,OOO toward enhancement projects in the OtlY River Yalley
that would implement the Plan. A breakdown of the implementa-
tion costs is as follows:
, )
Acquisition of first
tier properties:. .
Specific-site improvement plans:'
. Appraisa]s of second tier properties:
Match funding for acquisitions
of secoiu1 tier properties: - ,
TOTAL1{EQUESTED F,UNDING:
$984,000
S50,OOO
$34,000
S400,OOO
$J,468,OOO
Stafr recommends that' the Conservancy limit the amount of time
given to secure the m~tch funding and acquire the second tier
" p~ppcrties to fourteen months. _
.- ~.--''''''''''.- -, .-" : .-i ....r' _. "'. . ~
" ,AIthciu'&h tJ!elocalageneies do_not have the financial resources to
coinPlctClY)iDpl~~~~eQtaI:fl(al1eYJ<<gionall'ark (estimated
~. ai-iou&l1JYS35,OOO.oOO);~ ~g~cicure~learly. cOIDmitted to
. begiifiiil!ithe implementation proccss.The>1ocal public agencies
(Cities 'or ChuIa ViSta and ~n.Djego and thC; County of San
Diego) will utilize financing techniques such as park-in-lieu I ees,
negot.iated development aar=ments, benefit ass~ment districts,
local bond measures, mitigation Iunding, land lease revenue,
private dedications. -Iederal: and..~tate",matching, grants, alld
general fund monieuo.implcmentthcpart conccpt.
Site Description: Thc OtaiRiver VaUey is IDeated in the southwestern portion of
San Diego County, stretching 11 1iWes cast Irom South San Diego
Bay to the Otay Lakes. It is. wideo low.,lying floodplain IJanked
by steep~ short bluI!s along thesouthcrn boundary with graduaJIy
sloping urbanized embankments along the northern boundary.
Though most of the river valley remains in open space, its na tural
r~sourc~s have been s~ver~Jy degraded by sand and grav~1 mining
operations, extensive grading for agriculture and road improve-
ments, an upstream dam, introduction of exotic spccies, uncon.
tronedpublic access and refuse dumping. . ,
. ",- "C...~< -,. r' _','" _ '". . _ _. . .
The rJoodp!aiDis comprisCd,C)flivarlCty of, plant communities
; 'ilicludinl WCtland;assiiciatCdandnon-wetland-associatcd vegeta-
- tion': SixteeliJiabitai:catc1ories,werc'dclincated,throughout the
project aica:sOlIthem;W"J.IlowSCrUb~' FiCs~watei MUshi Broom
, , Baccharis "UpJand\oScrub.~.BfOOD!,1,:Bacch.ris~ Wet18nd; Scrub; ,
Ta:D:u!dsk Sciubland, MuleIat Scrub.OpcaAV.t~'and Seasonal
,,~,c'P~~~s.>~~alt~~;'Sa!G~~!~tionii~/Dik~.' Heavily
'" '~;:'J:)c~c.~'1.U1C~ei~~~.;I!!:VC~~~W"~'.1Upar!a11 Wood-
; ']mdS;.(&TiCU1tiJr.l-aC1di.E.caJyptusWObd~do Urban~csiden_
' 'tiaf:AiW;DiSturJ:{~d:Up~Ud DieganSage~ciub_ .
. ". .:.1' ~~":'~',~:'~ :~_",~~:,"~~t _,'~~.~~::":_:"',:T"~";;,,;.~:..,.'<,:' ~,:'_':~":>)',;., ~- L~'t;c;..~3
' Nunicrous'sen~tjve specici occDrinthe Otay Rivcr,Vaney: Plant
. ,..,"\, - "',
'species include Orcutt's bird's beak, San Diego barrel cactus, and
. . ,
d-CP
B-))
!-. -
'": :.
. .
, .
"
Otay tarweed; animal spedes include the California gnat catcher,
least Bell's vireo and southw~tern pond turtle. A eomplete listing
and graphic depiction of sensitive species occurring in the area is
included in the Enhancement Plan.
The properties in the core enhancement/preservation zone under
consideratio.l!i f.or.., aCQuisitioninc1ude ,scusitive. species and
, " dcgraded marsh .and riparillJ1 habitat. ,As provided in FJSh and
" Game cOdc;.2620.(c)1. this, project is defined,.s antac:quisition,
enhan'ccinc~t;"~~ !1ev.elopmcnt, ;gr. any. combination thereof. of
marshlands and adjacent lands ror habitat or wildlife benefitted
by" a;marsh:'or~~quatic:~y1ro~~t'andtthe improvement of
drainage~!'l ~c:tI!lncls ~o~cfardcJ:'osi~n and sedimentation, and
biologically andhydrologlcaUy,assoclated,uplands. areas," The
properties also serve as. wildlife corridors in the river valley.
Continuous corridors arc an important factor in maintaining
, : habi,tat:;!l!1:I?i!i,~y~ !,Jcser.v.a~ion iI(i thCSC!'Propcmes would prevent
.,' furthcrAe.&r~daP.C?Jt.;o~~m:~~c:d>J1abita1s"ndi'ngmentation of
- ',.' .... ~_... "t. __ .... ......,..-. '- _ , .' "~'" .
" imp9rt~~t,w.jJd,ijrcJiJ:l!cag~..thr~shoutthc vaDey, .c
. ~ ~. - ",," . - '..
"' ";:';''":-,'~,ttf[.~;i;,j::; x' :,~r~'f;.,,,;_r._' '/'_'_ ,_-t "
Project History: In recognition of the Dray RivUVaUey's regionalsignificance as
. .n,open spa.c~~149.r--:,r~~CDtativcs\f'mJIi!theccltics of Chula
. Yistaand.,san pi.eg(),":~d~heCountY 4fSanJ>iego.began meeting
, in 1988 andJ'Drmulated a.Joint~xercise-o[-l'owers Agreement in
. 1989' to' oversee the planning tnddmpJcmentation of a regional
open space park Jor the vaHey. One elected official from each
agencY,~9mp~isesacPolieyCommittcewhich is supported by the
. ...aCtiODS of .a Citizcn's,Advisory' Committc:c.
Since '1988. several studies and plans have been developed for the
river," vaUey: ....".
In July 1988.thcConscrvaney authorized funding to the Jlonprof-
it Southwcst Wetlands Interpretive Association (SWIA) to prepare
a resource enhancement plan to restore the.degraded wetlands at
the wcstern end of the river valley adjacent to San Diego Bay.
1'!egotiations with the owner of tllis property arc on hold.
"
, .
, In March~19&9;Jlic Conservancy authorized funding to the City
, " of~:pula,1tYl.stai.to;iPrcpare,,1he,tOfay.,River),:Val1ey Rcsource
" Enhancement Plan. The plan, (currentJY;uDder'~deration for
Conservancy approval), is a comprehensive study or aU the
".!t;prop.!;tti~qc;a1~!%!n~e ~miJe;f1oodwaYfbCt\VCCDSan,Diego Bay
..." " ",.2:,,:'" l1d;obi."'.:;v,aUe'i.Jli:ii~~ l~dentirus~i1idt.use:(rtio11s that
~:"~4"'~~~i~Jri.t~~.~~~~~~~~I~~q'F.:;~f!~o\tttCs:~ct,the
" "" '" m9st,b.~~~f}c!a1'.r~!st.{orl!habltat.rcstorati~;'8JI.d~~nhanccment,
~'~~;'~;~~'.8ncl~.cco~;nCD4fiu~lj~':<'~~:"'.""~:"~o~tjn_cI.li:(t$~i~1~o~eDis. that
J<'Ii~arrcOmpaiibfi:::Wiih'd~eDt~Dd;~~ra:ii~ilSttiiilii. """" ,
, &~ ~~ ('!~"ht#;:!1!-.~',!i8~;~~~~'y~~~~~:))jilo.fuDdCd;the>Jireparation of ~n
, ,1i4Q.!!,Yii.",l"eJ't!~&1qJ!a~~arJt~.:Mas.ter,..Pland'omvalley properties
""~~f;: ",)~~~!~iD.the.qity~s,jUr~aicti~n:iI'Ji!t~ster'PJanan,:Jyzcd na~ral
,~.." .,.,y,rfactors; land'DScs;!and cIrculation) 1SSDes,;aff~ctmg the rIver
<,.,,,. '. ..~,,~,'.'~"--' ',~" -.,. "~V' . .:::x: :~: ~~,,;-hT~f'1.:. "'~, '~'-.
'1" "','~ , .
B-12
~;:) 7'
.'
.
"
valley. Based Upon the analysis, two land use COncepts were
produced, one stressing oPen space preservation and the other
emphasj:dng rec:realional opportunities. A preferred alternsljye
has nOI bcen scJcc,led.
.
oJ
In 1989, the staff from the three jUrisdictions (the Cities of Chula
Vista and Sail Diego and the County:of' San Diego) began the
Progress PJaD. for. the entire U-mile 'Otay River- VaJJey with
National Parks Service aS$istanc~ The intent or the Progress Plan
was to identify,'a focused planning' area' for an- Otay VaJley
Regional Park, and - enpge' tlul,'pubUe" and' po~iCYmakers in
designins and'implementing tlii: park concept; The goal DC this
comprehensive'plannins'proceSS is to produce 'an Otay Valley
Regional Park Concept Plan. .
Also inil989;;thet LegislatUre 'paSsed 'and' 'the" Governor signed
Senate BjJI.73S'thai reeo1nizcdtJie"importlnceoftbeOtay River'
Va1ley and'CDcourated the COnseriliilcy"to authorize' funding for
the Otay River Valley Project.
.. : i,...>;~_'. ::-fii'':~-' V ~"::-.:-<..." ,;';,:-. :...
In'; August-. J99I;t.thC'-CoDscrvaney.Jfuniied the'preparation of
appraisalsani!acquisition dOcUincnts bi die City oUan Diego for
PDority.,parcc1switbin1be rivcr:vaJJey stUdy arca. These parcels,
which DOW' Comprise' the first tier acquisitions, were selected
based on the Enhancement Plan's resource analys1s and resource
value criteriat deveJoped by.,tiui~joiDt{:itaff from' the three
jurisdictions. The appraisals were completed in March 1992.
In'Angust J992; the U.s. EnviroDmentaJ,'Protection Agency
awarded the County of San Diego a pllIDDing &rant (through the
Coastal Conservancy) to complete environuiental analysis on the
. eaSUrn endoC.the river valley; Completion of. this lUIaIysis will
al10w the joint staff from the three jurisdictioDSto finalize the
Otay'Valley Regional Park Concept Plan and begin to implement
the park concept. The joint staff wiI1 incorporate all of the plans
that have been developed for the-river valIey into the final
Concept Plan. The EP A awarded this grant based on the previous
public commitment to Jong-term planumg Cor the river valley by
the 10caljurisdictions,the Coastal Conservancy,: aDd the National
Park:Servic~.,t~~,.r.:,), ,..,. .. '"....:: -'-'T. ." .,,':<u,;:,:.'.....;~
" ';)J.." - ,;';,<;,,~~,..;.:l.,i::.,,;.,.,:;v,',: ,:'; ,<. ,;;'.i<.\?{~';:/(~.r\ '(.~:~:t~V'1~""t .~,~:
. tli1'additioD' to,these.plannin.~r~rts for:tJie10taji River Vaney,
. ....,""..",... d"":1dl" '''-''',-,'0. ....""..h.'..~...'o_.1h" U''''~ .. b".1.-
. '" ""'\!r':"1he:U~..~;an ~rr.u he..........Jce.:aspropDWIJ!.... e'Qta '~ent
~...,.. " '. . ":Of.'1I".san~])iegO!1laYiNaiillDtiWildnf'e'Retuieli~'P'1eiCrve'cstuar_
... ." ine"Wetland'habitat:for,.thrcitezicd'Ud,:ChdaJisered'spccics and
,', /::. ;::<1..1:",,:$ ror,,;tJi~~del:YarietyJof:1i1~ln~ll~jf~t'fii\:'.nCs(Shenr1Sh that
~;~iiii: USdanmjclo' Bay.1,:.!~-(::.'i;t%"t::-<;'i~~{'1:r't ~.rf' ~!."1:t*~Jtto~" ,[~"l~t; ,
! v:: ,:lJ:1J':he mtioualefor,1:oJrimittiDg CO~cytj1!di'atthis time is to
1J1feventcfurttier. delridatioii~oC<'tJifeatCncd' hRbitati~'and -provide
; .Ii;,;', ."';;' animpetusforcontiiiued PUbJjc)n'VeitJDeDtilitJi~iD1j)1emcntation
)i phuesr of,; the: Otay;.VaUey Rcgional Park. Ifr.tbe>Conservancy
. provjdes funding in the early stages of implementation, it is very
. ,
;
~
":: ~ ;~ ~
. '
B-J3
likely that the local public agencies can leverage this funding
given the federal interest in the area and the growing local
concern for regional open space.
AJternatives: If the Conservancy does not fund partial implementation of the
enhancement recommendations at this time, it is unlikely that the
local. agencies will be able to complete. the Concept Plan and
" secure the mUltiplCfunding necessary to establish the Otay Valley
Regional Park; The natural resonrces of the river valley will
continue fo degrade-and tne open space alid reCreational needs of
the "region: will remain unn'iet~,untiJ't1icpatk~isideveloped. In
addition, land;;use decisiODSlwi1l;:continue::1hat- conflict with
overall resource protection and'yccrea:tionBt opportunities while
a long-term planning-document is not'in place. '
PROJECT SUPPORT: This project has extensive support from local public agencies,
" .:. environmental' groupsiandrlegislatom:Letteri~'Of. support have
, . bCCD'rcccived.from.saD'Diego MayorJMaureeii~O'CoDnor, Chula
Vista Mayor Tim Nader;Statc!Assemblyman;$teJre Peace. County
Supervisor Brian Bilbray.and_Ban~Dicgo;.Councllmember Bob
FUner; The {)taYl'Riv.e~.,Vt1tcyitPoUay2COmftt;UCC ,udCitizens'
Advisory Committee have bDth~p];:r~vcd'1'haSe I and n of the
Enhancement Plan. The City or- Chula Vista has adopted a
resolution approving the 'Enhancement . Plan; Other letters of
support will be hand carried to the public meeting. (Exhibit H:
- Letters of Support)' '"
".
CONSISTENCY- WITH
CONSERVANCY'S'
:NABLING LEGISLATION: This project is lIndertaken pursuant to Chapter 60r the Conser-
vancy's enabling legislation. Sections 31251-31252 of .the Public
Resources Code.
Consistent with Section 31251, the Conservancy is awarding a
local public agency a grant for- the purpose of enhancement of
coastal ,resources. The lands designated for acquisition have
suffered a loss of natural and scenic values due to indiscriminate
filling, natural or human induced events, and Incompatible land
nses. Sand and gravel operations, agriculture. and publicfmi$use. .
" Jiavc severely degraded'thcsCDSitivenstuiilrcSOnrecs oti1ii~Otay
, . , '. ..., '..? t L River ValleyiAsprovidediJithii.Chapter; tJic"eostohcquisition
.,; ':\""to.,'wco{\ ceriain\lan:dswitbin~coaStal\Jrsoutcc1mJiDCemeDt,.rcas may
- ,be funded'throu b;.thifCO~an"":~U.'4cr1*1I1~e&io "; . rants
may/be. utiliicd~as a, metJiOdto~cq;.1;iti~1~trpu~~Park,
. J . ' .. -. .. ..... ~.~ .. .',' -,':'; ~""'.,,~, , .. .,.IA'. ;-,A~j",'""",- "T.F"'; ''\'.0 . ~ ....c.' T. ,
" -' wildlife:.or naturalareas when~such;uscs'may& 1DCldental to a
.,;%t':"0':ii!~~co~~~~~~~r~~~c;~cD~~r~~~~?L,_., ",' ~ii!,;:t;
CoDSistentwith Section31251.2..,th~ CO~nCY'1III.y.'award a
j '\)i!:. c;i'jj;:~i.;?~1g~II~,tO''e~h~~cea~wa!~rs1icd~~!!~1:,~Us'jfl!~'t'0l1tside the
"a;coastal ~nc 1nordertoenhancethe namm'Or.'SCCmc character of
" to'!;; '~;'i:l,coastal!J'esources withiDr.the"COastaifion~ '11i~OtByi1Uver Valley
, " L< :' '0'~'4'ispart1y'inSidc and CpaTt1y ol1tSide'dle'coutal'iOJieJRCsol1rce uses
,"~r:t": ;'; "j -:rr -i'.:-,...: ~,~:.' 'LN~ .,~;~~_ ~~;;i~(~.t:{! ~"",',~::'~e;: ~<r~~'i,':":~>""<,:
~/.
B-14
;; I '.~
outside the coastal zone such as mineral extraction and watershed
development have a direct effect on the hydrology and biology of
the entire system. Wildlife corridors arc also greatly impacted by . -J
activities throughout the valley and watershed. The agencies that
have jurisdiction over the entire project area; (the Cities of San
Diego and Chula Vista and the County of San Diego) have
requested Conservancy assistance in acquir.ing these properties.
- - .... . ~
Consistent with Section 31252, the areas proposed for resource
enhancement have been identified in a certified local coastal plan
or program.as requiring, p:ublic action, to, resolve. existing or
potential. resource protection" problems.; The; Otay. ~sa-Nestor
Community ~lan constitutes. segment of the City of San Diego
Local Coastal Program. The Plan includes the fOllowing objcc-
tives:
'.:1.
~ ,", .. ..- - r .......,. .. .J.'. ~.. . "". , . _.
.: To,-enhance,. the.~Cl.viron~ent" ofz;the_~; Otay . Mesa-Nestor
. ,. Commun~ty,.' and:_ to",provlde.!fori' the>,saf ety.' bealth. and
'g~neral:welfare ofjtspeople;~ . .'
~ ~ >;: 1:. I ".
2.
,'. - ,...\:....'.... .">.,' .~'-,.';, "-. ',- ~,
TOT~rai~,:thCiflo~dpWD.,'UPa~t. of th~ Open space for the
benefit ohll;ud .
. .
3. . To protect the existing wildlife habitat.
Consistent with Section 31253. 'the'level of Conservaney funding
for this project has been determined through consideration of the
total amount of funding avanable for coastal resourCe enhance-
ment projects and the relative 1lrgeDey of .the project. The
Resource Enhancement Program has designated the Otay project
.as one of the priority projects fortundiJlg this year. Without
funding. degradation of sensitive resources will continue to a
point where the river valley habitats arc no longer viable.
Consistent with Section 31260, the Conservancy may fund up to
100 percent of any local agency costs of land acquisition.
.
.,
CONSISTENCY; WITH . . .
CONSERVANCY'S.: . "., . ',;. ; "'>~,_ .... . .
PROGRAM GUID:EI:INES::The Ot8y River Van.ey, projcctlson.c.ofi!iftecn priority resource
. ..: . enh.nc~en~_~!:oj;c:~,d~gna~cd'.f:or';f~d.ing bYistaff. this year;
'. ,: ,;" ".t,'~~ll!ndjt,~!cts ~c ~~t!-~~9&ram.,rl1Dding~it"la acJ91o,,:ledgcd by
. ".i 'th"'~""nscr.vancv'JnJMav'tl992;;"'". ...",,,,~ ., ;'.. j..,~"""',.i..,,;,.;
'" .,1,_,1.'> . ,~~~, ~'''''r::l"""",iI'" :.I';', .-",0;..; ".r:;~':,: "c.,' " ,~.t,.,~l'R:;;;":X:'!.l- .....,~J;i'"''''*'~_ :.0'.";;; .
"t~j;"l.. ,,;it,~~:j;:Jl~;~~~~~;;F(ii{~~'2"1#~:~~t'l'Of~!~ . .. .
", ": ':., In:.. addItion., the]' pJ;oJect,u,. COnNtent" Wlth:.1hc. . Conservancy's
. ResourCCEnh~n.~~n~p,rp~a~Do1!D~t.Jl.tI.Qr thcfoUowing
..' . .ie~~~~s:j,):.;, . )~'::t:;:. :,L';r:;;"",,:,~:':;';L_ 2,.,. .'.. .
"""). !f:%~ ~~~:I;k",q:,,) -,,},'~.; ,....;:....'-~...~":~i4....~,-:.).;.1i: ,:>."",.\,"",:;:~!S..,.t:t~>~:<:J" ';'~;"~'
'. i: ., ''''h1~~~~~m~~~~~~:Q!~q~YJYY!;.t~aDeY,COnbo;,s.sixte~D signifi.cant
. !("0",t~m,~-"'~t~,AA$:_a]l4!~S'.hI)JDCj;~(SCY~tCJ1danl~d;.ud seDSltivc
.. '..;: \" ; \:j"~,!;:pJl!n~. "J)~'!I_n~a.Jr;Sp'ccjCSf,;;This!,enhancc:meD~;,projcct offers the
., -, :.'- ;, ~ "-_;,'()pport~~j.ty,, tOt ])rotel=l, In~ zcst!lj-c. arcu,oc..tormcr; wetland and
sensitive species habitats. and maintain crucial wildlife corridor
. ,
.
B-15
c?D
..
links in the river vaHey. ReercationaHy, the valley has regional
significance in terms of its location as an open space greenbelt
corridor between the cities of San Diego and Chula Vista.
Scope: The Enhancement Plan recommends three land use options
that balance protection and enhancement of natural resources
,
regional recreational needs, and private development interests in
the Otay River Valley.
CooperatIon and Support: The Otay River Valley Enhancement
Plan has the full coopera tion and support from the three jurisdic-
. tions involved in planning for the entire river valley. The
Citizens and Policy advisory committees associated with planning
for the Otay Valley Regional Park' have both approved tbe
Enhancement Plan. Moreover, acquisition of properties in the
river valley for enhancement purposes is supported by other local
entities,legislators, state and federal agencies, and local citizens
groups as evidenced in the supporlletters reeeived for the project
(Exhibit H). .
Urecncy: The natural rc~hi'~~ of1he Otay River VAlley continue
to experience severe degradation from mineralcxtraction,
encroaching development, pollution, and uncontrolledpub1ic use.
Additionally, the recreational needs of the South Bay commuuity
remain unmet. There is an urgent need to act now to complete
planning for the valley. In addition, Conservancy funding will
enable local agencies to secure matching funds to begin develop-
ing the regional park in areas where consensus has already been
achieved.
CONSISTENCY WITH
LOCAL COASTAL
PROGRAM POLICIES: The proposed project is consistent with the following specific
policies of the Coastal Act:
Section 30230 states that the "biological productivity and tbe
quality of coastal wa ters, streams, wetlands, estuaries, and lakes
appropriate to maintain optimum populations of marine organ-
isms... shall be maintained, and where feasible restored..
,
..
COMPLIANCE
WITH CEQA:
The City of Chula Vista filed an initial study and proposed
negative declaration for the Otay River Valley Enhancc:mentPlan
on September. 21. 1992 (Ex]ucit E}. Thc3Q..day publiercview
period ended 'on October 21f)992.' .' . .
Staff has t"Cviewc:d.the City's, Negative-Declaration anclrecom-
mends thaf the Conservanciy conCur in 1he CitY's' findin('1I1atthc .
project. will not h\l-ve asisDiCicant etrCc:ton the 'enviionment.
Upon approval.stafr will file a Notice of Dctermination.
B-16
3}
.
"
.
'.
"
::,' \.::-'"s
.,'"
"
'.
~~ .:, ,'~. .....-....-~
,~"-,)l"'i:~,,.;.., i.;~~'._;: '"
(~;J',_, ,~,.:;.::".
:~ '-:;
.,.
. - -"~
, ,
Location Map
,- -.
r." 'r
;".",";"
. f'
.....'1:.
',.'
. \ ~
"
~. ,
"
...
;~;'"
,,'-
".'.. ,.~"j L i,~~!,::(,,';;!;.,:;~tC~'.'\.l: '~'J.-' .' '.:..J'~
't:~~~:~\~~'~~;~'.~;:"'~;,i::<.:~ ~~fh '.~~1}:i;;, ;~:.
"
"
;,:\ .~p f,.":~ -"'if;'
"J
~; )'.0)1' ".
B-17
3d-
r.::u ~,.~,;j~~t
;i! ~'!.:
.'~ ,,:'i
~ ,;;1
~'.~ ;-'7
.i \
\
}
)
;,,'
.'
. !
'.
~ . . .. ~
c... .
~ ~Ic...i r.
:: '.
~
= I
.
::t~.
. .
'"
-
'^"-
f
.A11Oft .
.
,. - '",
J) \ \ ")it'
~ ~ . (i>'\\.~
.r..
....
-.,
. s#{ .~,.. ~~' ")', ~~~~'
::\.." .. ",'~' ,"W '} .
, -- . ."';<",- ~!':~'" ~- . '.
~, .~,~ ,~~~Q"~~~ }t~~~
.... ~t p:, .....(tV I!" .. ..... '>-.\1-'0 H.' ~ _N ~~r~~;\ \
':. ''<-' 'V:':::~' !i:' ii% il1:{,fiii \
~ .;;: ..Y - "".\ . -"'! iv!),p . ,\l(<i' ~l~.;::.:;;-;t .-
- -h. /' ;, .,/'\" .( )J\}}... ::--:,,?.:>-,,} !o?ii0.'2;;'~
..!'~ ':LJfi ~ "'I!":I" ".. V')ry, ,- .'~~,~ :\~r,;;~~ '.
.... ~ ~ \~',...'.. ~ .~ ~"~ ~ .. \\: ~jr"..:.- .
. - ~~ ~h.J1 \\I~ ;-':,dTl. t--
. ?t:I:i~ 'Il,.... AV ~ J J~
.' ~,~r~ t." ~~r '~1 J\.~u
.. ...... "cll".. '.-4.\ rlt,..
.' ..~: t\'\\~ ..,~~\~ L" fI ;&_:;VQF~
.h. i!:~ ~.... \I -~.tr/~J: ~.j.~
~\ .<< \ r, ~ ..i'-'~ vr:v tt?i;). ~
k~ ~~~- ~~' J ,I ,-~ h-!--~ .-=0=.
~."~_. .~\ .(,,=' -,-"",,,"")06",,7' . ~ .'1",;...;' se -v~
-' ~, ~=:., '/I-;'-;"~ V. . ,~ J_ " T"'i'
:1; '. tfjf__--.__...~..u" '. . ..- ~_fII - . r\. ":" -4
- . .~ .,~ ::::>...... ., ~.. _. ~ . j'~ " (~MINGlJEZ
~. ,,~ -. J~/.\I~. r:,. ~,~c
-~ ~~ . \; ,.;I}~p.~(- ~ kt}<'" .'~. - ~'I:~: F-JI' . I\..
. ':'-;;~l;.. v.~"y,...r: .'...... - ~ ~ ""~'~i' ) ~
. ., ~ Ji:. :...It.~;..-' ~~(I '" '-? l I). :;
.. ~,--., it: :J ~ t. '.-,,,- :>
- .::, ....:
. "> ..:ii Y..7 r--" ~ .u\,
!:-4J~ p) ~ '/ \:.JyN." f'> ' _ f
~~ ~~J.ll ;R~ui ~..J',f:':(, i\~
_ ~ .~ _ .J -J :,..,;:Y. .-v ~ }yJ .~~
- ~ .""" ( - A.. . '7 ..J. r.
.,.. i .~j..~U~ 0t~ ;
,.' , . ('/ ,.~~~.\:\
, _ "- ~~..r , ~-.:':-~~,~~',~,
....... "r-- ..I"J! """~~.. ...
. .~': . . J\~~I/.:iF'~~r: ....._""::'.~-'-.. -.
.... J . ~.V1r" <41;-r-~"-:IIWIN"n:;rt.. ~ :'..., ~
. ~ ~,,, rL~I}~I-V I J'.." '"
r;a$ , ~ -...... !I L--,--<... ~J"'.' ~
t~ -'.~ ';;'~~i= .,;::. a""""f_IcI' - _-'\~ ~~ 3
l_~ ~ ~ ol-l r. i>LV,,:_,;~ fJ' I- ~ ~~I
, I , ... :;:: r4\v,,;, c.r-S ...j \ { 31 !::
~...w., '!:/;.. ....t..~,.... v,.' l.,. c c
,.~: l~F::; "\:"" -I ~ i ,,~... ~~,.,n 1/"(\ ,
o
-
I~
...
II
~
,
-
r
...
.
.
~'
-....
,
.
,,,
-
.
.:.
-"r.
....'.,.
,
,~
u
I~
I jJ.
~/l:J
~~ L+~ , : ..
; IlL. '.t-.-J '
..
C Ti-L
!::<cJ
~;;
:!
'"
.:z
.
.
.
..V. 'h.
.
o
:~
~
-,
.
.
.3'., '"
..
..
.
, .
.
III
. ~;;
f~
'~
.
.
JoI...
. ,,= 1'1 .
-
-=
-
. I "J
~_sn.~
~ ',' ,y~.1! '" II - I
. .:r. !T-m-:~ ., " ~
" '\. 'Y'f"'- ~
, .~. , / I k:-::,. n.' Jl,I:-o., " ' . I
~.~"' '.1 ;"~I;:JS~~;-'
--I'l'.':'~I"
,- ~,,:;':"1_:S ': '. '.
~.
.
Notto ScaIe, .
PROJECT LOCATION
33
B-18
.
.;.
.
,"
"
,
,;,\
", r'~
,,-
': '~. ,"_n
Otay RIY~r VaneY:~lJaDcemeDt:PJa'D"
~ -'~....,.~- ,'.'i'..'" ' "
<~'..~"; 1
."
-
;<'
,1',-;
":,-,
,
", '~"...
"~"_""""N~.',
. .
31
B-)9
,
.-
.-
'0.
,...,
,
'.-
ATTACHMENT 6.
Initial Study and Negative Declaration
3S-
..~ .-
B-24
,)
.
"/
,\
J
3{P
negative
C: 3claration
PROJECT NAME:
. . ."-","
otay River Valley; ~esoUJ;ce'
. Enhance1Olen~_;p.l~h P~e!i::J:-:U .
. - . ~,
otay RiverVal.ley, from San Diego Bay to
.J:>t,ay. ValJ,~Yl~~C!,t l~ILr~,;;;_ ':
PROJECT LOCATION:
~.~. _c .-. __, ,
CASE NO: I5-92-37
: ,;:~i'~~.i...;...j-!':!:.\:1.-~':.
. ,;r,,:;~i}:y: C?f,:Ch1tl.a>:Yis~~. f ,', ~:' 1
. DATE: August 25,. ..1992:
. -
PROJECT APPLICANT:
<-....
A. . Pro;ect:'>:'I""se1:tina'=~:kl . ~': '~;"':~~8"'"')";:,:,,i;.\ ,,_!-.' _ ~;':-::~";.;'..:.;~ _ ...." _. ,.~.
,.::.bi:::":ri:1'!.~i:i. fJ;&!!;.>. ~:!.i' ft_:. 0"_1:;' "ir.' -.t.-;-. ~.t!;' " 1; "'{,, ,;;;-:d _;'}~l:.._ .2-,-,~:,;!:.i': ~...;. .
The:~m;pj~~~!I~.ting~!~;, ~~'~J;~1:.aYiU~iV~""-\i~~:);1.~~h.t~.eA~'~'f.; ,
through 'three-)urisdJ.ctJ.ons -the' 'Cityof':'~an4J;o.-1.~9jr.:-,the,^>
County of San Diego and. the city of. Chulai.Vista. '~e river
val1~y~:iS{~OrderedOn;iothetnOJ;t:h1(by.t,Kain$m:reet).:(ctmlaWista), ,,; .
on, 1:he\tsouth1!f.byrPa11l1..Av.enue'~(SantDiego l.;!tOn'~1::he..'West by,'.1:he..
Bay of,'San Diego) -and to the east. by .otay Va1~eY:'Road. Cebula
Vista1-.and.~. County : of. San . Diego). .. ~ PJ.easet se~ :,the' ; attached
proj.ct;'"'study,~'a.rea~:Jllap.",: '.::;; ,. ';''';', ij';. --01.:-:-;':1' :". .,__ . ; ~
-:. :'::::r,~~:?,:ry':" ,~~f2'''''~-''~-:::, ,~<;::<:~~"~~'~'~~~~'.
Pro;ect~Descri1)t:ioni;;;- ::.c. c;
,.~ o.
~ "'-',
B.
" ~- .
.
. ~ . ~::~. .
."
.- _ _~_. "',w"
'.
The proposed project is the Resource Enhance1l1ent Plan, Phases
I-II Ior -the western portion of the otay Va11ey Regional Park
Focused Planning Area. The pU%pose of the Plan is to provide
a ,-quide.t-to::c thei7~ong,..r~ge' plmm:ing:,o~::.the,.otay,,,.River, Valley.
with--'respect.-to the' -preservation andenhance1l1ent of natural
resource values." The proposed projectincJ.udes~the potential
acquisition:, and/ort.!enhancement::o.f."- severalt:!.parce1s of high
natural:::';rest)urce"'Va:lu~s.r",within;.;-the,",planning ",area. ~ese
parcels" are; shown. on.:Pigure.l..and. described-:.ast~ollows:' ~.
,.'i!.' .~t'::;-.::r~"'~':.:; i'"e;-.., ';:-'e~: ': :',,~"i': -':;~'J..::~::.:~::tr:i ::F~"'ff:,~;i:!~:( "':,..,
Parcel 1 2.95:acres;:.,,'c' ""';;;:':;; APN:q-622:-171~09:'-::__
Parcel 2 2.82 "'622~172-04
ParcEitli:';3 :'" c' ,..:. ;.3';;'47;u, !'. -....' ,_, ':~t 622~l82,..,Oa.'',,;;;:f,
.....-e..'-4..'. ""~-'''''''''8--'-''''''~'-t II.. .----.-o;d."..8~05.....;O... , "
,C'"a..L"," .&Il,.- ..:J: ""._.,.......~ ,.... .:ggT;>""'...-'}._ ",' .,.._'" ~""Tu.G...- ..._~ ...'~" ~ '.
PiU:-ce1~' 5 ,. .';'''0 ~ 14 ~,. II - , :' 628'"1)50:'51.
parce1:'t 6;", "". ,~O~23.o ; ~I,~'_, _ '.. .~ ..;..:; ,_.."~':'-:628.,.,.-95_0:::-1.7.;,,;;
Parcel.b;h" ''''~5"i8'' 'f'-.,;;" +\f,., ." '-~.628~50S53'" '..
"~ "'.. . .'. :~.~, .""~:' ~ ;;':~1"r-~-n".."....I';, ~-i.~':~~L_'~~~~,,~,~'~'.~:~-;'"/.;,;_':~'~"'" '-:' - ; ~~ ~,.~^,':.~
Par~8_ "~j;.52,,,,?, . ,,~,p"":""'.. ;.' .__.""",~~2CJ.~O~O..;55~('_.,..l_ .
.Par'ce-........'9''''...'',.;.'''' ....... 84,..;..';',f"--",..., """"""""J""'" :"''-''-'''29~''20-:'O''~'' '0....... __. _ ' .
. .;:~ Jr-,i4~....,..~~....."_. '. ~..tl"~\.;"",'''';-~''',,I,'..!. ,.. ^ ......""~1_~. "'_ .=...:j.~V ,~,::6 ..... 'I~'/~_ .,,~. "......: ~,
Parce1t;t~O '{::.c.;...~!9';-;4,'4!'!~" .. \;-r~;",c:: ,;;;;;. '::;::..['f~t631~020~21:'': 'r,:'':;',; ;';" .:.
'1' i--<i-r".t.._~"",.....~: ~:":rt"'...t!;~'36'.-~'75 'acres~''''>~'''-'''-- -;~.",t~. . "'On .,..1;..0. .ti':" .:.."'~.-..t.-.. \ r;'
.....'"......."...~...~;;r:'..,..~..,__...;_ ,<-!.. .. ". . ..~....':"--4-_<.,'.' >>,.'>.",.~ ". ~'4'_ ~,';,..~. !."~",...""',<,i"''''''i.'':'(--''''''' ;';'.:::-".~.;'" .
.-..
*
,~1:~.,r ," ~:~.':: ;_~.;t~,,::::,:, B-25
city sta'ff are currently in negotiatio~s with the property.
owner to acquire two additional "sliver" parcels total~t~
37,' -.-.-
..........~-
. - ~
city of chura vista planning department CITY OF-
.nvfrf'\ftm."t~' .....,1._ ...;'''1",,,,, rl-n If A '''rTA.
--
.
approximately 0.5 acres as a package deal. .These tvo
addi tional parcels (A?Ns 628-051-04 and -12) are located
contiguous to the westerly and south westerly property edge of
parcel No.4 and exten~ south. into the central resource core
zone. Once a decision has been"reached to pursue acquisition
of these properties, a' det'ailed' environmental assessment will
be conducted. .
l.~ . _, .... ';, "'-it. ...J-
Parcels 1-3 are fallow agricultural' fields, formerly riparian
habitat, easily restorable;. "
Parcel. 4 contains slight1.y degraded riparian habitat" easy to
restore; .
Parcels 5-8 contain coastal. sage sCrub/gnatcatcher habitat;
Parcels 9-10 contains birds beak habitat~ wildlife corridor.
. )
.
.
Phase 1: of the Plan inventories biological., hydro:rogiCal~. and
cultural resources and analyzes the opportunities and constraints
to enhancement,;iri,'the;.coritextiiof ecoriomic~ regulatOryl'andUand: use
planning'pr6cesses~:," ,:.,. .,.. ,...:.'::.' ;~" t.e . ,,):,.. ....'
~~" "r.: l :' " '., ,,> "_," ~>' ;':'.~
.
Phase, :I1:... of;. the'; Pl.an"'recommends;: 1:hree-' J.and ;, use >~and ~'resource
enhancement 'options.. : These"options provide'B;'broad::.overview in
identifying resource preservation and enhancement, passive
recreation and active recreation/development. ,. A core. enhancement/
preservation zone is identified based on regulatoryiconstraints on
development of sensitive biological and archaeological resources
and of floodway areas. The core zone is the,.me'in.'a1.l..thi-ee
options .
Option: .1
. , J ":~.:, ~e . '. L;;: ,~,
option 1wo'uld.'; focus'.' oni': active; and;; passive :;-recreational' uses, as
well . as potential' development and redevelopment., opportunities,
while .providing;;fo7:.. 'the"preservation, and ,enhancement. of the Dost
sensitiveareas710fc,the ".river val.ley.:;:;-.'t:Jnder:!Optionr 1,- 49\lofrthe
rivervalley' study area'tbetweent San:Diego~Bay(andl otaY:-Valley. Road
would be preserved".or.i: enhanced~ inzdts>:1Ultura1~r.state~;; 12t:\ would be
.proposed for passive recreation, and 39t would be designated as
active recreation'f6i:'~proposed' for development~'_~:" "., i r..,.
" '. ," . .." :'.:::~:; . ;;; ~.; - ~. :.:. . ,:,.,' - .
For the . portionz-'of3:-the., river va1.l.ey between~,Ban Diego<',Bay,,:..and
Interstate 5, o1il.Y-'~theiriver channel and eXisting!'areas o~natural
vegetation are'"proposed to be Daintained as' a, l1atural. resource
area. The existing'.agricultural _uses are proposed for"passive
recreational uses~consistent'- with their ',. :location wi1:hih,'i;)the
lOO-year floodway-'Je4tfnoodpla1n frinqe.. ~'Use':fof'-these areas~~or
development woUld:trequire extensive chamiellDglof. the. Otayl,l1tiver
. and Nestor creek:,;erint,order 1;0 remove_'.~~.!p~perty {(from" the
floedway/floodplain, which is ne1; proposed7aspart'7of the Resource
Enhancement Plan.
':',
-;,;,
'"
B-26
30
Existing developr.>ent north ,;-nd south of the river valley, >lest of
Interstate 5, will remaln developed. A buffer zone of
approximately 27 acres south of the "Core Zone" ,,;ill be provided.
Th.e area north and west of the Palm Ave/Interstate 5 interchange is
designated as part of the "Developable Zone", with potential for
active recreation uses. Its location adjacent to commercial and
residential areas of:Nest6r .and its lack of natural vegetation make
it a candidate site'fer active recreational. uses. .
That portion of the' river valley .between Interstate 5 and
Interstate 805 contains two significant passive recreation areas
within' the 'core zone in theotay' Riveri:floodway..', '!'bese are the
Fenton'e.ndNelson~Slean 1Uining~-operations,which ,would . not be
returned to a naturalstate.~0These'areaswould be dedicated for
passive recreational uses, after they are properly reclaimed by the
existing property owners. The remainder of the Core Zone, which
includes'" thos~' .:'pr6pertiesc.:' ,; Currently"'.. being .,' considered for
acquisition, would be preserved in its natural. state or restored to
its natural state.
0' .
, .~, --
With. bfo"exceptions, /:tU" of-.the '."BUffer. 'Zones";; iIl'i..t:his~segn;ent 'Of
the river' would" be 'available '.:ror"active"recreational . uses- or
develop1nent~" ![Ihe . exceptions are' an area. west of Hollister' street
on the north side' of' the river to.' be" enhanced to ;.e.' natural
condition, and a small passive recreationa1: area on the' south side
of the river east of Beyer Way. Candidate active recreation sites
are all'iocated along the'. north. side of the river valley. Active
recreational'sites include the industrial- and vacant"areas south of
Faivre street, west of Broadway;'. the Nelson-Sloan' mining area
between Broadway and Beyer Way which is desi911ated as a community
Park on the- Chula vista General Plan; _the. industrial and vacant
areas east of Beyer Way, west of Broderick's otay Acres; and
vacant land. south of the'existing-P1aymor'deve1opment, 'east of
Broderick's otay Acres. !l'hese candidate active recreational sites
total approximately 148 acres.
For the segment C?t the :dve;betweeri-Interstate805: and OtaY.Valley
Road, the' Core' Zone' would be preserved;and'restoredi'tc:i its natural,
ripari~ c.'?~ditip?.. ,T~~..sing?-.e I!JCce~1;~on is. a passive ;-ecreational
area at"tlieffoot'of~Brandywine Avenue'adjacentto\:and';tsouthtof the ..
pr~po.se~\t~1i!~~Vi~.~a::~#-~~.~-fa;!€:!~' ~.!lel:o~~:;:~lU!sivei~cr~~onall:area(! .
woUld:tbE?;!:~~~~!1~pn;~~~:~,C?u~h'~Jdt;':Of:..9taY7,!~l~~ltoa~~? ~dia1:elY;",
easti:.of:;.~it:S"'iritersectionWi~~,)b.rvana;;;'Avenue"~~.'.1'he'i'remainder.trOf:I".'
this';'s.'" '''''eni;'!Youu.iae~~15~J1;;'1:h~.,1?core~~gma Y'~wOUidmbe~sl'ited':i:tort:..
develci~tf'!;~ere 1:a~e rto;;;ciliMdate'1i;raJiViil'fecrea"tic)na~sitesh "
thalo~g'f'tfb~f ~~~f1tf;f!~$oet~;:i~!ir~,,;ve..,ar' !.L.eiY~},i~~~~ID"i:~...~'!:;i?h~PD" ~jEt'~otton ..
e sou..u,s....e..o ,.,~e., ay A.w .,i~.W ., "........i,(io....'..an, .ego.. . ay,:\-.:r;:
....,. . .,', .'~~""a." '" W." "1........,.,' ". .i. ""-..&""' .w"......,,' ,..",,,,. .,...,"..,:;,:...1\.11......... ~'::./;i' . , ,~",-, ..'...., .-
.Hesa;f,Co~~';t~.ri:P~,,";,>". ~;::..cup:-enw,t~v.p?;OPO's~~1)',.~~:no\;op~'p~sp!';ceti;{"
connection' betweeI?-":. the" rJ.ver;,.:v.al1~:~df.Denne%Y'.canyon. " '.., "'- . ~B':o' ..'
"f ;; ._.1 '.~:' ~...:_. :. _., : "T"",~ -I':"~' ,::.' ,: ;..,.;:.. ,_,_J",. ,:.t~"~~ 'L "t.';;:' ~:1 ".,~1i'i.;t ~.: C.:J "~::;;.:! ..:;> ~:.r:::.:~ ~'~ .. .;,,:,' ". .",
,.,".
,~. ...."
" .,f.
...."
~;." .~
"..\
. , ,::
B-2?
5;
OD'tion 2
.
oDtion 2 provides a balance between resource preservation and
enhancement, passive and active recreation, and private development
and redev~lopment opportunities. Under option ~, sixtY-five ,(65)
% of the river valley study area.bet",~!!n~san,..DJ.ego_Bay.~and Otay
Valley Road would be pr~served or'enhan~e~,iri its'F~tur~ state,
three (3) -\ would be passive recreation, and thirty-two' (32) -t
would be designated. for active recreation or,development. .
For the reach. of ,th~ riverf'bet~een:Sari:i:>iego ~y, iriid'hter~tate' 5,
the core area 'is, proposed to b~..,~aintained.,as a naturaL resource
area. The core, area Day, be, either~completelYrestc:ire'd:-asa' salt
marsh area, or restored to a combination of salt Darsh and,riparian
area. The area :,>outh of, the co~~-,->.adj~c~n,tto ~,~~~stor;~E'1Im1.unity ,
would,: as in Opt1on"l, be p:l;'pposed;4()r, eitherodeveJ.opmen1=.:.or active,
recreation.;',; ,-.- -', ," ", :, ,,~'.::2': "', . .' : ,,:' ' .., .." ,
For the reach between Interstate 5 and Interstate 8 05, the:1I1ode~ate
enhanceJllent;f,prese:r;yat~onF E~:,op.tio~",,,,:is., ,c:}IrOposed ,t,o".: .,.,~em~size
preservation, an~lIe~a.nc:..~~~t".o~turalAreas':along .1:be:sout.!i'side
of the:.river,i';and, acti~e ,rce.cr~ti~~, an.d.~ev.e1~ent.,oii:;:~e north
side. · i!l'heinorthern;fr.1.t1g,!!."of, ~e,riv~_valley, adjacent,.~o'the
Montgomery co:m:munity in Chula VJ.sta, is proposed for the slUIIe mix
of active recreation and develop:JI!ent and redevelopment as proposed
in Option_l. !rhe' ,entire ,Co.reZone. is proposed for preservation,
except:;. fo:r:.'. the"ar~;?,disturbed" ~y~, .1:p.e,_ Nelson " Ie '.' Sloan Dining
activities., . !l'his ~ar~-is".located adjacent_ to the. cODlllunity:park
site desi9I1ated on the Chula Vista Genera], Plan .and is proposed for
passive"recreational'us.es. '
On the south side. of. tpe river, the entire.buffer area is proposed
for ,preservation and enhancement with three, exceptions; 1J. an area
adjacent to Interstate 5 which is proposed for development, 2) a
passive recreation/staging area located east of Beyer Way, and 3)
the area i1IIJnediately ~est of-<Inters'!:!I-.'t:e.805 ,.including. a. eucalyptus
grove, which, is also p~oPI?:;ed: "as ap~~siverecreationa1.: area.
.. - - .. .".. ,.." ~ . , ,~,~ ..,. c.. .,~ ""-0,,,_.
-- ~. - _:. -;'"" -::. h'" !.:.,'" ">"'J~.-.;.."'1f'1~~ "'~'J" ,'_>;"
For the' reach, between - ~te;~~~:i;~,; 8~?~ ~d:1 ~~ J:;yane~";~o.!d.~t:i4s. .
'option ~'is ;(.propos_ed~t:,oi~p~~e;ve,:.~e ~ ~!:tr.;iC?~ref: ~ipa;:Jian'~ea, ,
except:; for,.:,th~lP~~,!.,.:_z:~c;r~~i~,~&~oq!-1;~S' -e,,!:-~~~~oot,:iOf, .
BraI1dywine~Y~~~,ti!~J~C.~t"~E' ~e.t-Pl:J?P9!.!~ 9JiUla.:V~~1'A~D~ark';: :.
A Buffer ,Zone";furth--,east along t1ie...outJLslCl~ot(.1"'~Vb'1fv~oad"~':;""
is designated;1:o~~p~.iv.%eCieaa.~:'USes:"!;.-'!'ti~~~opiibr~On.f ~!} ., .
on the -:,s~uth ~ide" f?!:.!~~ .,1:;;ive;:;, :.v~J.:ley~;. i=~~~~e~Y~~a,~,~.'; ~~, : ,
Interstate. ~8 D5,,:wouldi;be.'t'Y\reser.v:ed;~sliice!i Is :Wit1H,n'\!1;ti..'1fCI+i,;;"'cif'P" .;.,,;,
Chul~~itand:;isKdesl5ma~;d~!is~;''!~ace'' P'on~1:1ili1Cb'ijiav~1~fi''$' ?,'::
~'4- 1 ~~~. -'fttIO. .....-- ~;i~nd~""":.,t..~ .';,..~"''L-..4i<'" ~ "':..t..... "-11"~"~,~:\r:41'1:~""9~~fir:"""''' ~_~
.' General P an. ':~;;:..ue". ~!1}!__... ~;!.'! !'''":i ~s't''''~'~~lf ' ~"..~~o~,e~~; ~or~ '.:
development, except for 'the Dennery ttarich sit:e~ WhiCh'vl11""permlt- ,,' .
an open space connection between the river valley and Denne:ry
Canyon.
.
.
B-2B
Lf(J
~.;
":'
",.j;-
option 3
option 3 provides for the greatest amount of resource enhancement
focusing on preservation and e!1hancement of a natural system as th~
highest priority for the western half of the Otay River Valley.
Under Option 3, seventy (70) % of the river valley stUdy area
between San Diego Bay ,and. O.tayo Valley'~ Road, Wou1d~.be".preserved"'or
enhanced' in"'" itswn-atural . state, two (2)_. " .WO?1d.. be~" P!IS.sive
recreation, and tw~~7eighj;~f(28) t~WouJ.d;be;.(lesignated~or:"'-active
recreational uses or proposed development.
~ ~ .. _' 7
-J:.. . ._.... '_"
This:. option.dUf~$"from:.OPtions ];;.and'.2~forj.t1ia1:"portlon:~'Of) 'the
river. vaney,.between; San Diego Bay.~ ari~ ~J:nt:~~~~': 5;'bY,~~~Czu~~ing
that the Buffer. Zone:: along the south: side o~ t1ie'river be"-restored
to its natural state in Option. 3. . .
... ..~. -.. _. "'
.,. -~.. - '" ~ . .
Between .J:tit~i~~;~..~e.;~;and~Aterstateg805~;;opt:ic$"3ttwould~.sUit... in
the,. p"~~~*~g!!\\iB~~!!DhanC~!]Iu~n~o~->ia1]/;~~!~~~~~e~-a1!.a:iBUffer
Zone; aIon!:J~1=J:le~north"and, south :sides6o:f,,'t1ie~ O_1:ar'River... AU
but:- .9rie:,p~j,111~pa!!~:j.v~j:%'ec;reationa1:;.~r~lisiii1.~is-n-eaCb:~w6u11l':be
e1.miIi"atea;- '~The' remaining passive - recreational area proposed
within the Buffer Zone would be theeucalypt:us~grove located south
of the Otay Ri ve;r , i1nmedi]i~~1y,:,:west:1fb~1:ers1:iite'!t80S::.c ;t;rA-ctive
recreational uses along the north side o:t l:hec-river would be
reduced' from approxhlately 148 acres' 'Under ..' options .'1' and 2 to
approximately 100 acres. in Option 3. _.
BetWeen. Interstate, S 05, and oOtaY:~VaUey.. Road~
same as option 2..
Option 3 would'be the
. . .
- '- ~ ~
SUJI1111arv of Three ODtions
OPTION 1
Development ,,;,' 630 'acres
:(39%)"""
OPl'ION.2
.S09::'aeres
.. (32%)
OPl'ION3
!,,~
P,?-ssive 177. acres .52 a.cre.& 27 ~c;res"i'-'(;J" ,
Recreation;!: ~,'((12%"'8'{\" '".<.", :.l3tl'"'';:;'" ;.'.J :(2t1'::':;':;:':::";:':;;.:.:
R~":".. )r~~ ~1~?~;:C:~!~~.l';;~ ;~$2'i~~~_.::: 'i't~1I~.~~isrir!lW
'Pi.ese!;.;:a. \,<<;, i!c'49%};~,,~';0",~. '#1': t(6stf.,'i.i'tf""'; ":'f~: ~I]ot)~~',rl:'i'.;>
Enhan"'c'em." 'e.'n. ~.~ - . ".- ..... . ,.~. .,.,..... h },.. .'"t,'z.c,,: .;,' .
' . ~:..",t''';r ,'t'~, -.". ":r."';';""";: !,.,;", ,,_~_ ""',... ',"_
. '.";'.h' '~""~"..'\~ t:o~...... fi@i't<".~;<;l""f{~':!!'A <"'~.; '~'~''''>#.;''''.;'.''';;!~ !f' }-"",.,,;.~;~ ',~.,.~,~,~."..
!l'ota:t~.b~;'J;'i,;~;"~ ~~'1'~1}.i.~~~4'~ ~i,!P~~t!~~'g'~:.' t1~.'~~j~crt!S~.. ......~
.U;.~j\f"";""-f,1'!'. ."(10....)""~,...,.,.,.: .. .;'~'(l'OD~)W}" '. .... '.h.;5;. 'Jl:UDI)""""",,,i.b _ ."" ,
. ".':<"'""',; :-.,: '/;~.",'f;'.::;'" -'~', .~. ,../;..",JijA.~;C;_'I_*'" <,~. >7i' . "'~~': f:~"'r:-'tt'"-.'t:~. ~-, '_' ,!!:'.~f~li'=!,.";;~j<~\,':,
.....
'452 acres...
(28tk" c
':i~~::~~~~:~;~~~~~~i~~~t.~~"~t<~~~~j~';:~i!,::;~~~~~::::;1~~:~~:';~:~~
B-29
<l:
I
Candidate 175 acres 175 acres 100 acres
Active
Recreation
Sites - "
C.
" "
CO~Dliance,with the Threshold/standards-policv',
The purpose of Phases I and II of 1:he otay River Valley
, Resource Enhancement, Pla~ is.:to' i11Ventory . existing;; ~ensitive
resources, wi1:hin .the. otay" River.. Valley Regional" Park' stUdy
area.; 'and "present-information" ,1 on -:..'opportun"ii:ies" and
constraints. Sin,ce no devel?PJDent is proposed at this time,
the Threshold/Standards Pol~cy does not apply. , If in the
' future"..:one.;,of .:I*~~three ~land:r.use'Lioptions"'is'?-!Se1.Cted 'and
specH!~""d~~m~t;!~!'J:proPOSed~t:he~~eSJio,ldff~s' '
wi:U.:',1:I8'J u~e.Cl\r' tC)f-ddentify,!.;, when:- new' ,.or''''+upgradedQ'~PUblic '
f~~';!'t:i;~~~,.an.~E S~4.ges.;:are'Am!ededt.-wi~'~ ~a~e'1OpabJ:e'
Z~J1.e...~~ ..,,~;~( ::~:...~.:, .::. .::::-:'>_'_ ~': . :,;... ~:. _ , .,,': ~ " ", __~.
E.
Identi~i~tion of. ~~iro~~~~~i:1!::ffectfi; ,
. '
There'is no 'Substantial evidence, as a result of the Initial
Study conducted, that any significant environmental effects
will be created as a result of the adoption of 1:he Resource
~ancement.Plan,...Phase."J:, and(.~:rii and','the' acquisition of
parcels 'for natural resource protection.
. "
The Resource Enhancement Plan recoJIDDends land Uses that JIlay
result in significant environJllental upacts, ~t not enough
inforJllation is availab1.e' at-this tbne:.1:o evaluate the
specific iJIlpacts. Adoption of the :Resource EnhanceJIlent Plan
could not, of itself, have an 1Jnpact on the environJllent, nor
does it cOIDJl1it the City to any course of action that would
have iJllpacts on, the environJllent. When a,land USe option is
selected and specific projects as recommended by the Plan are
proposed" . fUrther environJllental revi'ew,< will occur as
~!!?~S.~.":%Y.~:."..-;,'r '" .,.,_, ,
'.
':.....':"">;< . 0 '__
Acquisii:iC;n:,~,:of the 'identUied parcelsf~.x~or' resource',
..preservation:WiU'have.n0"'8ffectt.on"1:he~8X!.1:1~ii\'~lronmen1:. '. .,', :.
' i: .1'he.ts:i;t;es~j,lJ.;;fbe,..preservedtitt.ra'na~t:e~,oraeSto&;:'<"" :'
!! Fu~E;P;n-h~Dce:ment of theSet1i11:es' win' riSU1t:\n'~))ene%iclal .
, envirOnJlle,Ptal". ~!?~a=~;,:.. ,~..~p.!!?!~jg,~~.,~~~nc_ent:;:1s" ", ,
:%'p:roposed,;ft;,r.<:f1i:ese,. sites,~env1rcnm.aenta1~ i~ Yill' be
;;. fUrth'.i,'1ev&!ua:ier!~ tJ:t~i..~cted', t:11i1!f1:tiese:ip~ects. will "
!k::a~~~J1~i~~~~~e:;~I::~~!~i:~~~:=~~-~ "
sensitive resources, and providing environJllental '
interpretation to the public':
B-30
Cf- d---. '
.....
F. Mitiaation Necessarv to Avoid Siqnificant Effects
The proposed project is not associat~d with any significant
or potentially signific,ant environmental impacts, therefore,
no project specific. 1nitigation will be required. . When
specific projects ar~ pI:oposed,' enviromilental effects will be
evaluat:ed~."':'-. J:f.t111!!<projects' are " deteriiiried, to, result in
sigdficant -,:environmental effecfs;" Jliitigation~"will be
provided~::'':':<''.:::':.:' ._:, ,,;;~., ". H ". . , ' .
G. Findinas of rnsianificant Im~act
~_,~:";::.. -j ::-_" \Z.::r::::.c::.:-...~..:... _;'~i.i~, .\:....- -:.-........ .: . "', - c, -: : A
Based. on' the~ fol1CiWD1g .~indings,;~: it is detendned. that the
project' descriJied"" abo\Te" wil1':~ not '.,nave:a ~ significant
environmental impact'and no environmental.'impact report needs
to be prepared. , ".,
1.
DO~S. tJ1!",R,~~j~ct ,,~a,V4t, .th~.,.~~~~~.a1",,:t~,~~!'!~tialJ.y
. 'de!lra:'!-~~!'t~a1i~y Clf:~~"~~~1:':f!~.,~~~iallY
, .., reduce!'t1ie7hab3:t~t" of.a"'f~.!~~~:!..~~~4I.~!I~!!!i~~ause
a 1'ishor W1~dlife pOp\'i1aUon',':-'1:o;" 4rop below
seU-sust~ng, ~.!Ivell!l ~~~t~*o.e1 ~",4'1.1:8,a,plant or
. ';1mhal"'cc:iimimni-tYi-~re'dfC.~",.i;Jjiim!)8r;or.,;..restr1:Ci: the
ranqe.;of.:....c:nr...:: or '.en~aD9'er..d':' plant':" or ...mifila1,. or
eliminate importan1:'- exa:mples' 'of' the . maj or' periods of
california history or prehistory? ,
As this projec1: identifies environmental resources in
theotay River Valley: and their need ;for protection and
enhanceJnent, i1: could have positive environmental
effects, since it could potentially :hnprove, rather than
degrade, the quality of the environment. As this plan
is basically an inventory of resources in the otay River
Valley, and the analysis of three land use options for
further consideration, this project does not have the
potential to significantly degrade any biological or
cultural resources. Once one of the three land use
options has been selected, further environmental review
will be conducted to determine whether there will be
significant impacts.
'\". 2.
Does ~he project have. the
ahort-term environmental goals
. lonq-teim~\enviromnental;:goa,lll?'
potential to achieve
~o. thlt" disa~vantage of
...;
Long-term environmental goals are. an integral component
of'ttheci<otaY'.R!vert;,.Valley,,'Rf!source,', F.n}iancemei1t,:, Plan,
since its. obj ective is '. to. preservf;!< natural; biological
and other environmental resources. . <
B-31 Y3
.
"
,.' y
,
3.
Does the project have potential_' .:ffects which are
individually limited but ~ulatively considerable. As
'Used in the S1JJ:>section, "cUlllulatively" consid~rablell
means that the incremental effects" o~ ' an iJidividual
pro:; ect'lI%~ ,~o,n9id~r~le' v~~n~v;~e,~~~n. connect:ion vi th
. 1:heeffects......of past,' proj ect,s I.;.1:he k effects ",of c other
current-:>'projects, and' the ".ffectB"of' probable';;~uture
projects.
This project will act'to"limit anY"iiuireiaental'effeCts
that would be cumulatively consIderable. as a-result' of
future deve!o~men~ ,within; t:Jfe: Dtay i4~~:-Val1eY" area,by
conductIng comprehensive long-range planning efforts
which are reflected in the otay River Valley Resource
Enhancement Plan.
",~',,",- ,Y'."*:..4-4',.,*....O'.~ < .,~''"'; ,i.'..-.j ~~:;:,lj-&".ti;y' ~~~':\';""." cj. :_.'::
. '1fill<-;'<.nvironmen1:al~eff~Cb of.., a.,.:proj ect,q'ilJ;. cause
'.U1)stan1:ia:i~ffa:~rir!"~ i!~fectB. on:~hUlla~~-b.e~!l' :r~iei ther
4iriict1yfor"!i1auectl1':.?' - ,; ~ , ',:, ':: -." '",;-:" <, - " "
-:-_ :'7':'1\'~: ;\,.-<~'-' .,:~(;.;::;::r:~~),t1.4,":~~,- ~"." .. ' , .' ~
;' The~tay 'vaiiei~"Roacl~~ioriaf hi-k.R~~~c~.; Enha~cement
'Plan~(Phases' I~,dEJ:~)~~,!nJ:~ not" ~esiiJ.t., in ',direct or
inairect-effects:on'human hea1th.
.)
4.
\
J
.~ '
i,.:;lL:fi~UIi.::' .
~ r:.,_,_~
.
)::{.:~,,-"
<<< ~l'...... "~f'<F,~,:.~..... .;. \;'~".
, \~~~~;'~~~~';':~;~;~;":;'~~::,:~i~,~~~':~~~:~_.
~,' .~,' -,
."'",0
, -
"'. r" ,.:',./~.;:r :'~. ~:'~ .~:\} :-~:~~, ,::,::.,~; <~.;.~ ;.:>C~~':'. ;:'i:;:~:~~:.*>~~~~~.,".f~'~It
;. ".7'~~'~''fl'i,.''i4''~'~~'' ~y.f!!.!J};'$"!c ""':~!'4-A'..:i, :<.,;,;J.p. f!.hn"" ,J,,1J
"':;;,;,;,~;,;'J~,;'j"" $.~;:;,,,.,\','t"!,,,,md:c,. '," ';';tft,~,
_ -::~l:_y:~:":") :~_,;.~,,,~;: ""j ,,~.
\'.'$~!:5';'
,..
,
. ,
B-32
'/fC(
. ...' ~
~ ; .~ . :" !" .
H. Consultation
1. Individuals and Orcanizatiorrs
city of Chula Vista: Roger Daoust, Engineering
John Lippitt, Enqineering
Cliff Swanson, Engineering
Hal Ros~nberg, Engineering
Bob Sennett, Planning
Ken Larsen, Building & Hsg.
Carol Gove, Fire. Marshal
capt. Keith Hawkins, Police Dept
Martin Schmidt, ParksjRec.
Barbara Reid, . Planning
E:hula Vista city School District: Kate Shurson
Sweetwater Union High School District:. Tom Silva
Applicant's Agent: City of ChU1a Vista
2. Documents
Otay River Valley Resource Enhancement Plan
3. Initial Studv
This environmental determination is based on the attached
Initial study, any comments received on the Initial Study
and any comments received during the public review period
Ior the. Negative Declaration. The report reflects the
independent judgment of the City of Chula ViSta. - Further
information regarding the environmental review of this
project is available from the Chula Vista Planning
Dep~rtment, 275 Fourth Avenue, Chula Vista, CA 92020.
,
ENVIRONMENTAL REVIEW COORDINATOR
c;\wp5T\nei_dec.wrt
'.
.v~-
B-33
..
.
.-
f.
. ;
Cf0
.
Case No. :IS-'11.-~7
CITY P1..TA
FLk""'ING DE"';2>.?TMTh'"T
3.. CUrrent Zonina on site: Icvl oJC(: ':t ~ "...r 1?6sJd.4l-J
North e. ft....1 '5''''.,.. ,..~
S01;lth ,:...d"s+tfA\. C.......tLIAL. 1,4.dnh...L. A~ nc.L-t~'e
3 Eat;tr ~e..- Sfl\e'e:. A ~t"uL""tl!" .' --" ,.
West 6. b. fJ.'1
Does" the project conform "to: the, current;, zoning?' 'k~,.,. .
2. General Plan' land' use', . ';' .: ." ." :'
designation on site: . f>..rk . Ore,. 'tUL. :r..cI~s+(I..1 . ;C:~s,J...+,..L
. North -:r....L., t',...l C'~~<r~ I t~'S.Jc...~I..t.
-.,';-~, ",,~.,-.;;;;South SA. J .~,\ IS \.(~.,G:t.. utC4,L
-, "'-.. OJ . . :~'n~~",~'~:~~~.!1st._~Of'k' ';"AU. .'PAI'.isl,b. Jf.'~;l;ti~Z.y,,,....: ,'"
',- '," . _ "'~."~''Wes~,.....~ $-0. 8c.y t?"'.7,~J~.tr.;;' ....-;
_ .. ,,,,, n,: _ ,_" ;. _ "," '............ M",~'_ ' ,.."...---.,~...:...",.~....."......_.".,~_;"."~.,:.".",~.< __., _
"-';:'~~-.:;- ,....., :''''~i.'::'' ":,,;Z"~,,~'~,-!'"';'<c,","~,"'!*.t":""'_~'f'" ,.: ""
I';' the project_hC:OZP"tib'1!-,,..,,~~.: "the Geri~~J;.~:"'._ ""a:,:Use. .
Dugram?' ..11." ..~ .~ to elt f. . ~!..s "10: u . '!/:It 'oli 1"'$ , . 'I>J~1es
".t r. . _r ".; ." ...... .. 'r I 'w ,.. fte~
-'t,c G_.r...{ J......... :,," .'" '.":' '.
"s the proj ect area designated for conserVation or open space
or adjacent to an area so de~ignated? Yes.
Is the proj ect located a,djacent 'to any' scenic routes? ND .
(If yes, describe' the' design 'techniques being used 1:0 protect
or enhance the scenic quality of the route.)
3. Scnools I.kf ~fl,~/e.
If the proposed project is residential, please complete the
following:
-.
School
Permanent
Ca"Oacitv
Temporary
C8'D80fu
students
current Generated
Enrollmen't FraIl Pro-Iect;
Elem.
Jr. High
Sr. '1!igh .
4. . Re1l1arks:
'.
~
'n.~;U.M (8. ~ .
Ekrector of Planning or Representative
-
qll'i ,~
Da~e' .
cf7'
B-34',
..
City Data Sheet
Page 2
'\
Case No. :X:~~l1.- 37
:IDENTIFICATION oF. 'POTENTIAL' ENVIRONMENTAL :IMPACTS
I.
Indica.te which' o~ the'followin!llssues 'have,been" identified as
havin!l potentiaJ.ly significant environmental effects and
should be addresse'd in the Negative Declaration. . !1'his J.ist .is
not intended to be all-inclusive.' .
'".~, "." "_r ...........,.,.. ~~.,... ~..._. ...
-...,
,___.:~,,~t!..j;het1~lV.1.U!Ll ,
. --- __~~!c.!!.!t.u~al!o~~_
___ 1.1r QUIi11ty .
~,., Archaeological/Historical
___-..~>:o,~:~~,~. ~~a~~~ian . ",
V' " "Mra ..,........0 on . -
=,ZcoJ:i_cJ~ob." ::..."
" F.1.cal . _ 6. ;
2 '71001" :Pli.iD/7~ooding
Forest Land/Fire Ba:arc
___ Ceol09i~/Seismic
___ Kinera.la,.
'"'" Boise-.-.o,.._"" -,.' .'
___ Population/Housing Balance
~ Public. Services/FACilities
~ . . JtecreAtlon/ParXa
", , _ ,.... S~bools/Universiti..
'. . - Septic Syste:ns
- . =,'.S'ller Capacity
-:::::::: SOil/Erosion/Ccmpaction/Grading
_. Sol1c1,;Waste ..'
. _" -,TciXic/Bii:iUI!oliso., . .
-...J:::. . ,1'raUic/CircuJ.at:lon
.......: Veg!t;at:1onj;', . -. '. . .
. Water Qaa1.i~ '
Water Supply/Croundwater
Wat1and/Riparlan
Wildlife, .
_. . Crolltb I:nduping..
..!:::.. Land Use
_ Cumulative Zf:fact.
._ other
-
......
---
...-
-
. II. A summary - of. each issue checked yes or maybe should _. be
provided below.
"
~"
.. ,.'
". ..,.
""-,-.
:~
.."' 't"."
,'-,-,-n;u
';~~7!'t'!,\:.~
",.",',,~ "',"" ';'-~,""<',""., ~ '"'''''' '.., .~. "t.....,.,..,,,, ",,,~,,,,,,,,",,,>_,,~,,"'., . ".".., ~.....:~,~......,...",~ >',
,,.-- ..., ".......""'. ,.".,,,,".~,..,,,.,,,...,.....,",,,,. ~""',,, .....' """~' ,.,c, "".." ......__"""'''''','.'''''~''_"_.,...... ~
-'>,'
. "'Ii:':"" ..
. ",(. it...., ,.,
. ,~,' ~..''':'.",....<~......,..'''". <,'. _ '.. '"-''''''' ""'-""'~' .~ ~.~"-,'" ..~~,.,,'~'~' "
,"----~,_ .. "';<-"':~A: ".,
" i
'(/9'._,,--
.., (0:1
'..
B-35
:
, ,
:' r.:
-
city Data Sheet
Page 3
EN'VIRONHEl/TAL CXECJ:LXST 2'OJUi
(~o Be CODpleted By. Ll!aa.' Agency) .
Back!l%ound
1. Name o~ Proponent' C'-4 O~A.. VuJA..
2. Address ~nd Phone NUJIIber 'of Proponent'.1W ''iI~'5JQI
2.11. t.Loft.. twe.. c..v.. 4i~ID
3. Date of Checkli~1: ,~""~~~ '. I ~ ~'1- '. . . .... . :
-4. NaJD.e~f Propos at", 'Q~I;'~liJ~f~\}~1;:~~:':~~~~AMC~~-t ?IA-oo\.)
5. J:nitial study Nwnber j:"S-~Z-:37 . ". f'~Mc!S :r -*:II:
%nvironmental :rmpacts " ~.. ':';:;',:.:,,: "0:. :,," ,.~.:. '..c. ." : J. ....: '
APPD."DIX J: .
.....
(Explanations of all nyes" ~and; "'~Yhe""answers are':required on
attached sheets.)
A. Unst'able earth conditions or"c1ianges
'in geologic substructures? IJ
h. Disruptions, displaceDents, compaction
or overcove:dng of the soil? IJ
1.
d.
..... e.
: ~.
g.
Earth. Will the proposal re~ult'in:
YES mYBE 1iQ
o
~
~
D
c.
Change in 'topography or ground surface
relief features? []
o
%
The destruction,'coverinq'or
modification' of' any unique'geologic'" . . .
,or physical.:features? '" . .~.. ..:. .:'~'[). .,n
.. \; '. ;, .:::_;~(J "' f ,-,-'-. - ,>.
Any increase in wind. or w!l-ter . erosion ." .
of '. soils," either,; on.ior"ioff41:b8;;:ii'te?""~;';';' D1~"":;~B
" ~ _ '.i.j "'''L'''1!':':r,~~'.'-t:::",,,,J':'-:','-r''''~'!','''',,,, "'-i""-i''It!. 'f.!;" _ ,'It",:",
. ,'_ .,,; ,,;~~" : :,."*,"'_-"-"w<.W::",~~",,,,,,,-,jfii;~,~,,~,,~ "t':>~"'4...;iI!!, ...:;,:f@-;_ ~i;!f.~~
Ch~geS)jin~deJ?-~~!!t?~~l.ir~~i~~~~;;..:'"; ")h;~~""";'
beach sands". or':,*lffii~S..."';.,fi'"):.~g~tlon,: ,. ~
. deposi;!~~~~r!~rol!~p.." ...... .
.the;.chann....;.,io.f'..'r.v e
;~l'bed4of~,the~ace~or;r.:""'... 1..~ '~Or,~ ."
"""1-'-~' . ....~'.. . i~tiij''''''''''''',",~<II,~''~.''':':'.'D'~...'1i'''".';''.'D'.'
'. GA.e., .": ,. ',;'.' :.~ _ ' ' '. ,-',' . '-: ,:,>~,-.'r' ' "\::~:'"i~
Exposure' of peoP1e!'~-+~W-;;:;J,:.i~~~:~z.~,~,w:~!:"~:~i'
ge010q1c. hazards ; sU~.;...~~':i'earthqu!k!s,.,,:l.'~j':"J~",
landslides, . 1IIud slides; ground" ~a1112re~"'" ' '.i ,~
.. or smilar'hazards?:'" '0 ~;~W"'O
Vl
p
.0
:,'
'at
!'".
~
5-36
City Data Sheet
Page 4
2. Air. Will the proposal result in:
a. Substantial. air-emissions or
deterioration: "of ambient air
qual! ty? D D ~
.. .~.
b. ., !l'he' creati'on :';of " obj ect10nable
odors? . " '. .. 0 0 rx!
.
c. Alteration of air :movement,
." :moisture., .or-temperature,;..or~ any
.' cb~ge~'in4-c~Jmat!!i~_eith~; J.o~aUy
.. "'or'-regronalry?'~',>; ..-:....;.........~:".... 0" . 0 . t&l
,", , -- '-, _.",.~...,-... '. .', ..
3. Water. Will 'the Proposal resul~ in:
a.,.
Changes in currents,. Dr" 'the .Course
or direction of" water" movements,
in either :marine or fresh waters? 0
~
o
b. Changes in absorption rates,
drainage patterns,' or the rate . 1] 1&
and amount of.sur.face.runoff? 0
.- ~. -;','
c. Alterations to the course or flow
of flood waters? 0 0 'W
d. Change in the amount of surface
water in any water body? 0 0 Oi
e.
Discharge' into surface waters, or
any alteration of surface. water
quality, including, but-11ot. J.1mited. .
to temperature, dissolved, oxygen.
or turbidity? . . IJ . . 0 U
: Altera1:1o~~ ~fit1i.;dir~ioz1tor.,~";,,;."
. rateDf :now: c)f grcund:'wa~i~?'~"~''''D .r '0 D.' .. 0 tit
Change In:;~~;~~~~1~~r~~"~: .,. , '(> .
water. S,',,,.either;;.'tbrou . ~ii:,:i~", ..... ,. ..... ".'.:';
, . "~~:r~""".'''' ''''M.-",,,,,,e'"'''''iji'!J!'''-?'
. add1tiorlSJ:,~~...t:K.ar-a: 't~'~~';i":"T"';\"f'r . "'.. .
. . thi'ough~1n~er~~!.o - . ~.;,~~1'~~;'~ft:" .
'-"by cuts: or;:exca~.tlohs?,'f.' "'.D :f,,~. ,,'D;'''? m.
~_;t., .~, :r<,., . i ,,::' ; _ " . . ~ ,::;, .,;"~." .
Substantial :reduc1:1!:'D.i.. t:he-,~. ~...
amount ofi"w2iter;:;ot1ieffis'W;.,:.k.~.:.:."."" .
availabie:~oi;publ1~::"Vat"er":. ,'. . ." ..
, "supplies?'" "C . ' .' ..L .>c...... '," " oj~:, 0 . J&
~O '...
~
'.
f.
g.
;.','
h.
/
B-3?
City Data Sheet
1.
Exposure of people or property to
~ater related hazards such as
flooding or tidal., waves1 0
". PJ.ant ;.i~e. Will the proposal resUlt in:
a.
.,.. '.
C~angein the--diverSi1:y ofspec1es,
or number of any species of plants
(including,:trees,~ shrubs,", grass,~ .
crops, and, aqua'tic..plants)1": .. : D.
~5
o
1&1.
.. . '-:II .
.~
o
..
b. :Reduc.tion of the nwribers of any
. ; uniqu.e.,1t%'ar-e!.;or~~endlmgered'species;'.." '. i:' , .
of plants?' 0 0
~
, .
, ....~..":" ~ ," '-;;". 'Y ."!. >, < .,. ",' ".;...;. .... ;., ;" ~ ."
c. ,,, :Introduction of new species~:o'f~,.
plants' into an .area,. or in a
barrier\~o~::the;nor:mal'Z'%'eple1iish-
)!lent of existing species? 0 Jt!
d.
.,. ,\,,-..
:Reduction in acreage of any
agricultural crop?
s. Anaal Life. Will the,.'prcposa1:'%esult~ in:
, ., ,.,\. ~.::.-
c.. :rntroduction~of.l1ew.;speCies:;'Of1. .'....'.
C:aniDa).s. into an area, . or,:; result:
in a .barrier 'to 'the 1dqration or
.~;;;f~'.JIR!~~i:.~~'alS?1iI:~U'*!;::'J:rl':'~!;I!~J[h :1t,:;"',1i9;:f,C';~: t:J ". L
a.
b.
'.
Change in the diversity of species,
or numbers of' any' species: of
animals (birds, '~and'an1malB
i:pcluding reptil-es, ~ish :and "
shellfish, benthic organisms or
insects)? 0
:Reduction of the numbers Of any
unique, rare or endangered species'
of ani1l1als? 0
o
D
o
~
't&
o
D
$l.
';.. .~. ~. ..
>'."'.
. h_
d.
~Y.:.?'
.~~..
Deterioration tOlexisting. .:fish;or;;".;:, ."':' ..
mwildJ:l~e}habiut?~~;t~f~~~ti!l'l#::~~~f)~;;'~iLJ;. ..~ .
. 6. Jto!.... Wil1 ~e, prop'Osa~:rerNlt:]1n::g,~;;:C:::I~';i,5:~:
. - . ~i8.\~ ,.~~~~ .:tMi~;~'&~':_~.::;;. ~{~ ~~ !!l~<-;i':t,f~'
., a. """':rncre'a"s' es ..-., e....istinrY. noise .".,~",..::.:"
- '/;~'; .. . ..&...IJ-.... 3- ,::-~,.,..'..:~,,:,'. :':".'0_
.' ~evels? . 0 . J!9. D
_ .. ..H<'
l:' i: :;. ~;~{.i !:',: "'
:- ("
s-(
. ." <, ~."'~; r.:.c~
",",.;' ~Z";'I"i ""
,.,
B-38
city Dt!.ta Sheet
Page 6
,)
b. :Exposure of people to severe
noise levels? 0 0 ~
",~ .
-7. Light and Glare. Will the proposal
produce new light' or glare? . 0 ~ 0
" :{ ,::.,"': ~ .. .. ,"
S. Lan!! V88. Will :the- proposal' resu1,t ;in _
a substantial alteration:o~;:the'present
or planned land use of an area? 0 J& 0
-
9. Natural Resources;:". Will ,:the-'proposal~ resulttin:
~ .'^; z
a.
J:ncreas~ in the rate of use of any
natural resources?"..:,,' .,.;, .: ,,;.:';'o' 0 ;:,', ': 0
{.50 ~~;~:--:- , -. ,'~ ,.~",.. ,-it ;_<.....
i:1
10. ,Risk of 'Dpset.Wlll:i::the:proposal'involve:
- ',-
Possible interference"with an
e~ergency response,plan:er an
e~ergency eVBcuation:plan?
ll. Population. Will:the proposal alter
the location, distribution, density,
or growth rate of the hwnan. population
of an area? z 0
12. Eousibg. 'Will the proposal affect
existing housing,': or" .create, a!!odimland ,_ , _
for additional ,houslng?';<o',:;x:::', Ft.,- '.t):"t'(;i':-D
_''t~:t. :~z~~];;'["~';;-:":4j}.~~~:.:,c ~j' '~_l;-c.;-';'-,:::, . .
" 13 ..:: !t'rU:Sportation/circu1,a:t!cn~1f_'W!~ttiie;Pr~al'iresul t in:
a. Generation.:;(;of" s:.1bS.tantial~ ,,;:~;;;:,-,;;',;;,,,,';'.fi'.,l
.>, "~Jadditiona1:v~CulU'~2liOyement:1~f~!Jj1i;tj*[)" 'JI
' . ^ ',' e.. ~ ,; _.
Effects ' oi1i.existing:tp~g.;~"
~acilities,.. or demand, ~or':; new
parking? ,',." n"";~#1:ir~J;~""~ ".",.[) "*"'~15 ": 0
'~~}_ . t:;"'- .,,~ c;._.~M",", -,r:::~ -- '- ',f"d:'~7 ~:.,- ';'~;"~'1. ':~,~.':~ :~~::~',;~. "
Substantial. .i1:1pact upon existing
, transportation systems? ' " ".
b.
"
b.
c.
,. .
. .; :~; ; j.. ~ l' .
-.. .-
.:. ~ - - . - '.: ',;: ::
~'.~ .. ,,'
a.
A risk of an explosion or the
release of hazardous substances
(including, but not limited to oil,-
pes;icidesr chemicals or radiation)
in thetevent::cf_,an;~ccident 'Or
upset conditions? 0 " )KI
o
o
o
1'1
o
~
$-
"
"i,. :
,. i
o
o
w.
5d.-
B-39
,.
City. Data Sheet
d.
Alterations to present patterns of
circulation or,1IIovement of people ,
and/or goods? ' , ' 0
A1.terations,'to waterborne, rail or
air 'traffic?"-,' , :' [J
:tncreasei'iii" -b::aiUc..l h~zards' io"
]Dotor vehicles; bicyclists or "
pedestrians? ". 0
o
PcI:Je 7
.
'tB
w
~
14. PUlIlic servic",~.~,~!!il.ir.~~';,p'r,()~p,sa,~,:~ave a~!,~~e~t: upon,
or result in. a. n"~d~~~2:r<t,~~!l~!,0:r",, ~!~~~cl ~ governmental
services in any o~,'i:tJle~;'J:()1.Iowing, areas::; , " ,-;,', '
<o'~.., '. ".".t 0.. ",'" ~ __ ~, '. '~ .,
15.
"
16.
17.
o
e.
o
f.
a. Fire'protection?
b. Police protection?
c. Schools?
,."
',,' '0' '0" g
0 ~ 0
tJ 0 m.
d.
Parks or other recreational
facilities?
~
o
e.
Maintenance of., public. ~acilities,
including roads?, 0
Other govermnental services? 0
~
0-
~.
Energy.
~ill the proposal result in:
, .
a.
Use of substantial amount of fuel
or ener;y? 0
o
Substantial 1ncrease.Jn.demand
upon exis!#-1)gJ;~o1p,:*,~:'Rr~,~p:gy :.", ." '"
or~~qU.ft,""fet~~~~~V?,~1;~~~J:t~f, : ~,~., D.' '''"", 0
, sources '0 energy , '.-"'''' ."." ' , "
. .' ""'''~''';~~~';'~~'~'''''''''l'''' ",;,;",,,,;,,"""'.-,,
;~:::i~~~;~~~~~~:':s~~~~;:': ;1::~.",'f'CMC'"
Standards,,;PollCies'l' ' . . D;";;:;';"D~'"
. Zmmn ][.al~~~W, ,~~~ , ,~0ti~c- .
"''"'~~='~~'~'., ~~_~-~'-'9.:,.~~tF~~~~~1;:':;~,J.:-<. ~o..<t~
creatlon ~~j,fh'1tmlt11~;'6l!!!i:lt""$G:;
otential" "A']~~Jiulfdf(exC1u~~Yi ~t'M;Y~'
p ta1. h ~'lti1)".,,,,J\...~. ,.! ,:":;':'-,-,, ..:t"-"~],~'D' ',",/f""O
Den ea "..$.~4i.~...nte ':~~:j. ';frtjf,;,;,~;,' ".-~: --'-:;...i:'~f~" !O!.~:.::'
':'(..,~ . ::;~~.;d~d:';'!~ '.-i,~,if. ~:J:.I~":~ ,'. ::~: , ~.._,._".'
-- ' ~,-.,~~-.~
"-03" -,~
b.
a.
.-"". " ,~-$
--, ..
o
o
~
~
19
. ,r
,-."
'~
~'
B-40
City Data Sheet
P2ga s
b. Exposure of people to.potential
bealth hazards? 0 0 ~
:LB . Aesthetics. Will the proposal result
in the obstruction of any scenic vista
or view open to the public,. or'will:the
proposal resul t in~' the~ creation' of' an
aesthetically offensive' site' open' to'
public view? . 0 0 1S
.
1.9 ~ . aecreation.", ' Wi1l1:1u~':prOpos~J:"result .
iri"an'hp'act::,~p,Cln the:Ji~'Mty..:;~r. . .' ..'
quantity of"exlsti11g'recreational
. opportunities? . . '.. . 0 ~ 0
20. cultural Resources.
a. Will. the proposal result in the .
alteration of or the destruction
of a prehistoric or historic
archaeologicalsite?' '0
b. Will the"proposal result In
adverse: physical" or aesthetic
effects to a prehistoric' or
historic building, structure, or
object? 0
o
E1.
.
o
~
c.
Does the proposal have the
potential to cause a physical
change ~hich ~ould affect unique
ethnic cultural values? [J
s
o
....c,
d. i<1iU the .p;oposalLre.stric~':':. . .>:" ..'.
existil19';i~eligiC)1is;~~;~~'~~d'u.s.eEl:,' .' ..',
within. the potential~~f,lDP.act:"ar~?t~ D' ...,; D ~
; "4, I ,,~,' ~,',,~:j~;.~:~~~ .1:',,~' t;U?i':~;:', '<, ,,/ P
Hani!latoZ7".Pi12d:!.Di.\.Of;f8i~~iCi~~,~" . ,', '."' ,'t>.,
" .... .,~!~~.1!t,'''1;'j';id~~"","g~.f.4i.,ftl.-y.td
a. .,. Doe1:i,1:1l.~p;-fd';~t, i1a~r~e,~p."otenuil ';.. ". f"; ....
" ,.",..' t:o;,iraer.;:.ade~1:heit~.i!1ty~"o~.~. ..81 ". :t..';:;q,iJ:~f~t~,'.i'~,
. 'eD~H~ent':si1bs1:.mt!:"1: i.;r~c"~, .
" th1i1iasl~mt~!iji~~icnu.~E.;. .U.p'C:
h Sp' ecles;;%;ca~".~U~jO;'l.~ilcU.Ue
. ou!af.to~~~JT.eu~~"'~';' '''< .
p p .....~~;i".J;I.t...l......~~\1i;.. "'!:i". "-"",..' ".".lrJ-', . .
'""~sus:ta.I.D...nv' eve~s,.., .1J,~e11'T:to"" . .
. eliiaJ:nate; a plant oraDhiarf...M.~!. ~'<:.,;,;
cOm1llunity, reduce the 12~eror
restrict the range of a rare or
endangered plant or animal or 5 f' B-41
, }
"\
2~~
City Data Sheet
eli~inate i~portant exa~ples of
the 1IIajor periods of California
history Dr prehistory?
b. 'Does~.t11E~-proj~ct have' the
potential to, achieve. short-term,
to .the disadvantage or long-term,
envlro~~tal,;;,goals? (A,.short-
.. tenni1nPact> on~the enVironment. is
one 'Which occurs in Ii relatively
brief, definitive period of time
. 'While.~o~g~~e;m "."'Ip~c;:ts~'Will, ..
. .... eiidiu:e~We'11.:.:iiit~e1'~ii'tiu::e; J',::." .
" ~ ';0.' ;. -, .".- ~ ..,.,' ~........;;;.,~~". JI.;......~"'1'~... "......_. i..~-<'- .,j _ 0
, 1,. "~'" _,..,...._.~ ~~ .....,,~...~<f~~'~ ~._."'.;><.''''' "'{ ;:..~~._.z' .~: _ _
. c.~ ~ DDes~the;project~1iav.ebbPactS~.
. , '~vbiC:1iJar.e":;"-4';\lu;;.muauyn~1ii"tea""
. . butcumul1itively"'Cons!dirable?" , (A
project 1IIay impact'two or 1IIore
i~~=76~::~~::~~~~e .
relatively small, but where the
effect of the total of those
i:lpacts .on .the;.environment is
significant~) ~.. .. . .
Does the project have
eJ1v!ronmentaJ.', effects 'Which. will
cause sUbstantial' adverse effects
on human beings, either directly
or indirectly? 0
o
'0
.
o
d.
..
.....', ,"'~
,.
~'... .
",~,. ',..., ",.,,," .., e <L" _" ,,_-. .'v ,_
.
. ..' "_,.C~~~_h " ~..."_~ """"'0." "_'., -,-" u ...___,,",,, .<"'~_ .,.;.",:,,~
. . "'.':.:~':t~~:,'-.;;,:j!!i!l!5:~'"''
\
.,; ....., "
,_.'~.~::~~::,-:,~;,~,:,::~~:.~~ '-'..,.~:'~:::,',,~-~~~~,:,~~,.~~.~~~," '~=:"it;~~:;1C:~;t~~~~.'.:~~:
~", 0.. '
.: :..'t.4~'~;:: }~/ .~ "'1'.:""")
".' ..'
~)
o
'0,,'
,-!:! -. ~',. .'
D
o
,."
Pi!ge 9
Ja
IYJ
~
J&
.
""~~" ,,,' .""..'c; ", "..,,~"
,.'--..:'",.~.
:<..'-r<.-;i....~t\.t,,~; ~;"
B-42
t.,,"
~~",:'",:...
,~..'~.'~
city Data Sheet
ie;e J!)
III. Determination
(~o be completed by i:he Lead Agency. Check one box only.)
On the basis of this initial evaluation:'
, ,. - .:,.;';, -
:r find that thel'roposedproject' ,COULD NOT have' a
significant eff~ct on' 'the environment,' and "e' NEGATIVE
DEC'LA.'ltATION will be prepared. ..
. . .
. J' ".".. -<f '- ~ - .",".. ..' <. t ,:' .
I find that altho~g~~~~;~opo~e~~pr,ojec,,; ,I;~~ld have a
siqnUicant- effect' ep'"the4'enviromnent,-1:here'wllJ, net be
a sign,ificant ~ffet::t .in.~~,J:.!!1.e: ~_e,S!.\1!e ,:th!':1II?~tigation
Jneasures descrJ.bed-:on-an;~tta'ched~.81i8f1t"'ha~etJ)een added
to the project., Am'nGATED~i.l,"iJi;~~~'1'76N-w.rLL BE
PREPARED. ' . .. . ',. '.. '0 .<"., .,'
. ,,~~.' ~.- ;:-
~
o
o
.
CfftVI'J2..
Date '
..
.. . ~ ..'
1: find the propos.ed proje~'~Y"~ave...~~gDificlint effect
on the envirorment, and an ENVIRONMENTAL':IMPACT 1U:PORT is
required.
~ ~ r. YJu~jhJ~
Signature
For
~.~, ~ 'f.,/IR.~r!GO-ld~'J.~t
- .
:tv. StJ1!KA1tY OF ISSUES
List all significant or potentially significant impacts
identified in the Initial Study checklist form:
H2..:. YES MAYBE
- - X
- - 'X
'. ..,
- x.
_. ~
- "-
.- - "/C-
- - ~.
X
~
u~
......,J-t.I..' .
t.~!4' t"",~"",t!I. ..'
..J,i~..,.~~'_
f~e~;'~';';:I'tA..I~\e4:~
r.'(e~~
-
,.o.U.t-.....~ rttn""''"'"V
,';1;1'-,'
.-he,'?,,,' _
.'.. -, ..
'c'-',;' "IL,'
";,
:'1
,
,,-:,
I
/
6tp
B-43
\" . ';...vX Ji "--- -' -~j..! ( (~~ '--M IE--J
. 'v:" l~~, . f rh; ~ ~ ~
~.\. "-" __. _ _ / r_ l.\_~ ~ '-x-. "
,', ~\ - "-. ~k &~ <: ......\ ' - t-
'ft.. J: h\ / .. \ o ,,\""1 ~, .-::. ~ i IoU . ):
!., \. 0 , ' . 'J( I a: 0 "I
; "'-'. : \. c . _... '-0. ..
.. >,. \~~~: \ \)\eCO.... ..,{ I <: ." ..--' "-z;
'.. /;' \'~} " "-.. $t.'t\ .....,.. :-.. ./ ./ r
: " / / ,"~ I '\"1 0' .~. 2 - I >- -.,. (,
.~.... ( 'CO\)~ I', -C I Q ~.I '.
',<. 'oJ . -' .. ~ L/~ 01
~. " -... . I' , .... l' -', ," - , "- r--;' ,
',.. ,,. . -. I . - '~ . I oJ. 'L- r
-,,-' .,,' ':....-.: ,.! J.~ tI-i. J-' I : ,/J
,.--.- ,...... \ ..::: ' , '-- ,-. 1::-,,' '<_t:
. .;.-- - i~-':;' \ \\. '] ~ !" -. -} '( ~ ---. ~- /5>'---,
I Z il'~.~ . ~\' \) \-..r i~ V ,,-:t: . g - 1 J~J).. t!
..AI \ I . \., J' j '. A -= ~.., \ /"""''/\1'
....... ^,! ',\ 1\ !'~ \ I ! . ,.J _ -- 0 ... \ \ ( \,,_ ! I
. ..J \!jJ&- '\ \ \ ,\) ~~~~:n~' \ . /' / ~ ~ '- ~-:( /~. i
C a. ... \ ~ . \ Y,,"" J'~.\.t~~,~ \ - }, 'I' \. . '1!; -.r-
;, ! ~~~-i' ',! ---;::.. " /)" '\.. i t......... '.
- I I ~ . ,.. \" j'J .I I \ :./.,
I- --l-,.I- -....-r!\C "- . "t.!. ... r;", . \ ~;' I,. r: (f..-.! '\( \ ~~r-
J Z ..:...::? ~ I ; ~ .. tJ- t, . . . /i!;\' __ .&
t W' -r -'- !~;~r.... - '.~ .~: J-~ ll' \\~i :s1i)~ \l \!- t-
., ~ ;"~ ~~., ~3" ", '1: .,~ '1.1 I. ....... ..-. ~ i ',\ /~..; i
- -= ~-~ii<.:'~~~ . . ~6' .J1 :;!; ~ ltt I,
) W ~". -~ts\i}.1), ~ .~~~H:;:'''' ..\ i.; . iJl.~. ~ -~a:
- ~'\\..,;~.-~ 'J-'.\'-'::- .J.. ~ :.M.!t,nflj :~.L (l'.
J 0 . .~ ., ~~~ ! - I i :i1I];~ - ~
J Z ! '"' \~ \~' "f'\r,~ Ie',~ ,,';"U." imm ~!:!!. E..;ML\. ttr~w.
_ ::>'I'V--~\i: .r \. I~~ I-" I ~. 0=:..:.._ . . ...
c.
. ....
... --=-t...: ~ -}':~'" '. "'-'-1 . If. - ..... .. - . g
- -- ~-g ~ J! ~~,~...... . __ · '!I l. I .c is IS" i ;;
J Z Jr-~.}.~" ~., .~ - '::;- f':;;+:I.~ :: ~ ~I ~ c I O:-"~; ~. .
J W ..........-- '" ~ r~\U-~\\ !Hi!' oj .' j. ~.; - ~'U~r.c . """'if@:' " ~.:
~. r= ~ . ;~!..-:\. r. =. I is .y::: '0. = ~j , .8i .: E
.. I\- 0 I? "'\ ~. J ...::.!it ;:::1. rr.FJr1 ,~.. ~ l' c
J W ~ . /10'" :~.{\ ~:il_ - -~B'~ ~ .' /,'nffi':': e-{ 8
t U ~ '0. f; p: ,(i- .~.-oI c..:....e= .. - ",- t... ~ ~ /. ~ II \. 0
> .~ '% P, - '0 j . ) rf [E] I.' _ 'II! J';: '7"'ii7L/ .\\L ,11.-' -.- .---, cO
0:: .~~.-P'" ....-a. ....rr."D . 11r("'_. ~ a:tWI\\W >r-; R ~
· ~ '\;- ~~ ~ ' & I iFR'ls1F: - ; I c E
C ~
. <
. > ~
... i5
CC. -='~ 't.' t- "-('.... .. ~I .'[, -; i
;~~_~'~I\~':!~ ..~~ t?_!
- -- ..., ~ _, ~: . 11 m- ~ - (ia'll- I) ~ ~
-- \ ; ~ ~\ . : """ , ::! . ~. @ ~. I _ :;
~ . ~ .f:- g,:': \1" '>"" I -". . ~ =- ~ :5.-
~ : '. j ':1 . ~~\_:.' ".. 3-44. 2rl{; - tmr S12~ (~~~ !
~ .11' i~r J .lr~ 1., . ~;na~ ~m~: ~ ~
.
>I~
,.
,,",
.....,.
",,"
"
f4:.,/\/-, . -~'(;1 :~_.. ::1~,r-' &,',',
,':"'<~'ii ;t~:~:::~~PI:;{~,;.;i"
,.,~""-"'~~t"':r"~~i1'" " J ,"'4."...".".
P'~~J~~~;;:~~,,)~':;>l.~p,:.{~';!...~~,i..,J!i'!( ~ t:~
)"r-.\.:~:h'~"".JI<.'r7!.~'~':" ~,,,',., . .. t I. :.~'fl;, ".'
,..::'":,:~rj!~~:~~!f?,;~':;-4i!,~~d:t6:-,:!~,.;~ "
,". ::,.
s-t
.~.~,
:""
-,
.-
"
..
'-.3f~~~~i<J~;;",.i\~,>f-:_~~: :
;,:'!:: .~
-':~/f'~';'~~~~
..
..
':;}'
:."-
d:
I" ':"'''-.
---.
IS 512-37
ota! River Valley
Resource EnhanceJ!!ent Plan - Phases I , II
Discussion of In:!, tia~' 8.tudy, Checklist
.. - -- -, , --- - - .
. .
J..._' ,_ _.
~ - -.-
'_"< ';'~..,. __.J. ,
1.
Earth~
- .
c. .
,
. - '
The Resource; Enh~~~~~';J'!al(inC~~de~.three ,~an!1 us,a options
that.: recommend ' ac:~1,!~'" ,F~s;-!!.aM9nzdeX_elopment .' in~,(!egraded
resource,~ areas.' . IDeveloP!llent "of :,tbese_ areas for.'-8ctive
recreation (such asbciU 'UeJ.dsj cor coDrinercial development may
result in d, }:ruPt~C)!I,!._',~~~I1~i!.C:~,,!!~~,,~'?~~pa,.c~,'C?~_~,.,r;:9.veJ:coinyering
. of;;;;;~e'itsC;>~'~~~~~!!?'~:;"''''''OP9.$~.PbY.fLJ;.u~~'~'7rl[!g~ _ 9f"'-'2'the
' -~andscapeF and'.an#3:iicrease-,,1iit'water erosion~.o~the..soi1.s<rlif
vegetation is removed. The,. impacts toeartJi- of--ii:Ctlve
recreation/~~:y=~o~ment" ~fgje~~A] ~~~~~~v~~~4~~11~'
,'speci'fi'c~;'propoSa3.S'fi~'Vafi~.I.e;;.. ,~e...P1:DjectS;:;;.wil1 ">be
". deS!- . ,- Irto;'avol'd;o):bDitl~~i!~v~'("';'7i"iict'iJ;:1:0~~, ",-SUch
desi~1II8.Y' J.nc1iide1.1'i;;.T't1ug\ tJie;:'de\>:e:to~ent/iecreation"Areas
tOial?=,eady" heaVi~i~"'d~~i~~~~'~~; 'if~,veget.a#on" is
removed; replantirig'downslope-1:Q-prevent future water . erosion
of soil.
~'. " -"
- _.- ~.. ---'-. --
-
The. potential resource enhancement projects -propOj;ed- by: the
,Enhancement Plan may also result in changeS to topography and
effect erosion potential. Disturbed,areas. that.have..filled or
altered',c1llay 'be"' regraded- "'to"-:iJnprove::: conditions .:for:: wet1and
plant;.; and~ arii1l1al- species. :If reve9'e1:ation_occurs~.cin_.barren
land;';the'potentiu- :for. wind and, water::'eroSien":Wi11J:ie.reduced
frOJllfj:ts'current--condition. The: 1mpacts~to, earth of,. the
enhancement projects will be evaluated when specific proposals
are available. The enhancement projects will be designed to
have long term beneficial impacts to. the, soils ,in- the river
valley. '. ':..
. ,
3.
'. .,,'. ..-
,Water: ; ,'" .. '< ," _ ",'" ",:';',' .
' ".'" i -.,_.. , .., ".. '. ". . . "'; ',:, .. ....,,';'.., """"'Y_''';_, ", ';c'c... j cr,"" ..;"
. '.. ,The'Enbancement:;p~anfreC_endS~erih8ilcement:i~jectS';t:hat;inay
volve~Chan 'es;~tf!1Ei!course~:ror';).d"~ecit!on"'o.f:;Witer.;)i.oVemen1:s.
~ese~ca#~~j1~!C~~~~~~~~tt!~_q~:fiPter
. in ,a:"'degraded~t1.1md~re~t:o,'v5crease,"", e~lI.lity and
quantity of wetland habitat. This is, expecteilto~~:'le
, beneficial:.i"environmental~;.jmpacts;..;:.;,.&Bec;,"";;;~8d~enhaDcement
.pro4e,' Cts1~1a" 'aY~lS0i!'creSi.1lt;;:.if~.e~~m~on~:tes", " ~"'r1
. ... ~ca"'''lt!Q:f''''.liUi'''''.'':'ffln'''UP' _.,~ .. Q -~,.7"'lI'bi
1!,'~~~~"~i,!1';~,",~':::'~O:;;~~~~=~~~$~~w.__,.",~,~~_, ."":>,~~+' ,,"8
.., ' , '1,;>>ei'f.a:&:uo:nO:'&;.L....cu!'<.~.t'a...!:~o...]rIl~,;;:res""_..........,.t;,,,.~,..t''''''ilq.;''''J:rf ..
f:;~~'f~~~~~~:I~a\~i~StE~:;f~;~
three, options may result in an increase iri "'the rate of surface
runoff in previously vegetated areas. !!'hese impacts will be
S-1
., ,'0
"'.<..,,
".
..
B-45
.
evaluated upon availability of specific project proposals.
Methods to offset ,increased surface runoff could include
revegetation of perimeter areas aio~d recreation/development
areas.
\
i
The acquisition of properties.~ ~r:?.r.c. inclusion in, the Resource
Enhancement P~an, 'and for possible future" enhancement
activities may be associated vith potential water .impacts,
since these properties will be primarily wetland areas and may
fall within floodplain boundaries. Prior to the occurrence of
said a~t!.v;tie:~'>," a.~..i",,,envi;~~J.1!:~.j~.!_~.I!~s~~~j:J would .' be
comp'J.eted"1fhi'drwoul~;.outline.t1ie.projec!-1 its;,.eff~ct, on, the
environment, an.d:'imp~~-;ayo;dzml?~.~ea.~ures and ,mitiqation as
reqliired~'. At this'- time,:, no.'sp'~cific enhancement or
restoration activities are..proP9;s.ed. ,It"is ~ticipated. that
t1ie./-e~anc~en~':9.t-~~~f1;tJ!;;':lP,~~~r~i!~'P'y'~leY:;"'!I~l!>preserve
ab~()~t~:fatf~":~~;110~}i~~~!!'~~fJ.~ 'I'!~!.!se.in,.~ the"ramount, of
. ~~~~e:~~~~. , ., ~.:<P<,: ~ :~:;;;,..: :~~:~;~~:::~'i ; .'<r ,'~:' ':~~;"<'c.,:: <
Adait.fOnanY~.'fI:1t1iFe:;resi?~te1"~~~~t"~~1;=.~ncM~~evelopment
' .that'!~c!'19-:1:~:;1;o~o9,t.,p.~y;{s~~P,~(~f,~Qye)",~r~t81;'i~10WS
vou1.d "$f!~c..t~''1!e:~~an..~S;.,~~dl~~ c: S,1ir~;~,and~ ~encla:ti%"equire
prcijecti.perid:ts\~d- aq;eQ\entiiL~x:~,,:th"e,p.~.:;- A;my,.;.Corps of
Engliu!ers;'<.~U.S. Fuh &,-:::Wl1dlifee~ SerVice and~ the:, California
Deparbnent' of Fish & Game. The requirement 'of such pennits
and agreements would preclude unmitigated adverse i~acts.
, .c-SP~a1it:'1Ui-c!"~ai'~Li~e<"
......
_ _ ~_, 'u'
The:~~6i~- of'~1:heR#o~ce ~cement.Plan is to,-provide a
guide - 'to' the-long":,r<;11g~, planning of. .-the.river valley~-as_ part
- Ofi'the-regional' park-planning effort, in order :to preserve and
enhance sensi'tive.environmental resources and,..where_possible,
increase'1:11e diversity' of native plant and __ "'1'\i'lllS\l, species.
This will be achieved by 1Ilodifying topography, removing exotic
plant species and trash, revegetating. degraded areas and
protecting"sensitive areas from excessive public access with
signs, vegetative barriers, and possibly fencing. The
environmental impacts to biota of future enhancement projects
will ,be evaluated i:hrouqh the federal, state, and local
consultation process :Wh~,.specific,;,prDP.9sa1s"are~,aVai1able.
.,,;rt':,ii;'1'" "'ect:ed"=-t1i..:t:'i!~i11.i'a1jc:;~eni;pX:oJeCts:wJ;U,,~i.e'<beneficiaJ.
emr1ro~~.'i ;.:iia~s~ec::a1ise,:'of '.t11 -', ""f,,$ion~andirestore.tton
",.."""'" :lJI'1i'1Si;-t ;.;r.-.,,~';li' 't-.'fi""~.6."'" -:!la, ,"!:1~j"i'>~"~"-' """'"'-'-,,. '" . ''',' '."
-,[ofi~r.""'''' , ' -:w ,.wo~..verj" , " ey. ;L",iOc',~.w~&iJ;r-,.;, '"i -ii~
: ~'r:~:.' '\~~~~.ttpr''''~':1?tf~~:-~ ~li!,&~t);t:k, ~:$~j . ~,~ir~L,,(~ r .. 'H~"""""":~"':: ,,~, ,~~,;p'~.~;;~{:;:r......,,~ , -::: ?i ","
5:~~~~
19cate~~jac~~o~iensHiveYres~e'areas:"''''~~rl~'act~e
,~~i:iE~~~!f~&!:~~~~~~~1~~~~;~.~?'1,~,,~jt~~I~~~.~~~~\~~~:areas'.~f
""'<1"i"~;.:;-,:;_ ~/~-:,~.:,:'::t :/.--r,L, '\.:,~i;;I':'.~.;i~;;':,-,:~:. ,:,.~,t,~~;_ . "~ ""< " "._"..~," '__"
"'~46<~'r;'D .., ~:',!.
, )
6.,
1" ..-.:;.~~. ~
eXisting residentialjcommercia~/industrial develop~ent that
.nay be sensitive to noise. Noise levels Day increase in the
short tern during construction of the active recreationj
developnent areas and enhancenent projects, but those ilnpacts
wil~ b'e tenporary. Noise apacts will be eva~uated when
specific projects are proposed. .
7.
Light. and Glare
.
s.
.: "" ":~ -..'. -?-' -'= - ,>..-
. ..':"':;;-::!--" ~~:;t:. r ~ . _ . ,_:~._'::<;~". .
New l:ight and~glare< may' result. :from1:hedeve1~ent '.of: active
recreation/development, areas recommE!ndect1D~the:Plan!s three
. oPtio~..,;' <, .potential . imiiacts ;'~~9r!~dj~~~~~~esoUrce:" and/or
residttmt:Lal . areas. may be'avolded~'o;-::O!~..~t c wlth;.ve9'e~ation
buffers: or,O scheduling of,"'Ili]htin9" to'-avoid"nuisance.... !l'he
hpacts - of light' and glare' wilr- be . evaluated in detail. when
speci:fic proposa~s are avai~~f~...: .. f. :.; .... <.1".
~ ,I,'.c' _' ',.;:. ~~'" '"
'tlU1~i~se,;>;,;.t;:;::;:.~::;.;;_; '-:;.~,:.:: ......... ,.' " ~,'.::.: ,
The Resource;.Enhancement;Pl.an:d.denu:fies~~entU~;:1and
uSer.and"~;''h'\n.:,.'rti...ijt:~aons:\wJi!Cli1Ti1ai:~'t01ft:ii'e'"''''''''''1:.~''' ties
1:Jia~~iE!xistm.for!>td~e'1opm~'t:i'1iJ~~~C;Jil;::pr~'tt.lJi~J; and
enn..ncement. "";;,UDder~ eacli', of! 1:he4'1:hrei!i~J;a]id" use~-.en"'''ncement
opti-ons H~o:~l1;era'tions~:Of;'~~~~~~~~~~i;1.annC!d~':rB~d:i.uses
within: :.1:11e. " r3.ver "",valley'" are proposed. which woUld be
inconsistent vi1:h the goals of the Pl:an, , th~. und~lYing,zone,
or.. the sensitivity 'of{'1:he'- resources. i :1fi1:hin~,t:De_central
resource t..core.... .zonetthe' oh1y.',compatibl& lmid"uses considered
would be natural open space and passive rec;reation._" 1'he ' Core
zone is ..defined as an area of existing native habitat:'which is
proposed to be preserved, or an area. ,with -deg-raded.. or
extnpa'ted native' habitat. which COuldbe-enh"nced back 1:0 its
natural, condition.
With respect 'to 1:he potential acquisition parcels, all, with
the exception of parcels ~-3, are located within the
boundaries of.. 1:he central resource core zone. (please. see
'IM'.;hi't 1.). Parcels 1-3 are located within.the,.enhanceJltent/
buffert'zone, .,an' area"within .'WJ?~ch.7,~er~""'~e:~;clear
opportunii:ies"c~ 'based,", on:,~Oi ~i01Clg~~~: ',,~;'-.:~ ~!~i~l
. co11ditionsi' :;for":8ddi~i~na.:1.",reso~C8:~~~ent'';~~~'E:!!el;~,
'>:n~:;~~::~:::b;=~f:e~er:~~~~~!?~~~~;ii~~~~.
reCOg'nized .that", a.,r~9'e Of'POSS1ble;:1.~I!~.i@c::ur~'in.
these",areasincluding "resource" enh~c:~~,.' ~~!!~~~~.t:!y~
recreatiion. and/~is~eVeltC)P~~t. J:a~~'t);.*;.J~~. ,~'~~!f~:Bii'e
a.cm'isit on"parc ;>'JIlUS "i.LUd>'IIO"~'1 ......~~~~-Ien
. . 'a~_. ,C>,.,,. " . egl'Ud~1i4i. "~~liBm."W,~d8V.r-""" . '. 'iml'
'S~entiu." '.~l:jfQ. ;nf'tl~.. i%~';i~... ~~"~..'~6a.afe'a:
~itti.~t1iek.J' 8ent.aaont(;:f~e~+a11$!~B~~C~'1~~~1d~;'
. ',' ..... tf::l'faciiUi'iiUon1?C:ft r~i4ts~~~~~ii~"::'fta~i>
~~~~::a ,;,~; ");l ~":'ri""~"''?~!'~::~::~~~~;~:f~')f7:; ~:~~~"~:;f\~~i~~:' ,IZT: .
B-47
0(
funds/grants t'or resource preservation are required to be
maintained in the public's interests as natural open sp~ce.
J.D.
"
This zone also refers to areas which may buffer the adverse
impacts of active areas (i. e. ,active recreation/development)
from less active and/or more environmentally sensitiveoareas.
To the extent that these acquisition parcels contain wetland,
riparian, biological ,and %o,ologica1. resources"!','worthy of
habitat: preseryation;and en1lancenent" and", JDay t, be'; located
adj ac;ent:J:~ .:9;':. con,!:i~,?us,~ to "aci:;i"e areas pirthe potential
exiSts for'l8nd'use:;comp~tiD.i1j,tY;,impacts.;~ese impacts' are
not"anticlpated,- howe,:,er,';"be.~useit is a 'goal" ~or::the;-site
se1ection'of active parks/development,to focus'on locations
adjacent to natural resource .a:r~a~_on lands.whichhave,minhum
resource value, or on disturbed lands which the final,plan
deems are inappropriate. for restoration to Ii . ;natural
condition. In the event that future, acquisition' parcels
:tequi~.~j~g~1=;9~~t.P~a. 1:!st:!,qm.~!~~>.!!t.p);!~~~gainst:,:..the
adve:rs'e'.affectS- Of;.-ad..a.centtusesi",1;tQaaV4lA~_"'''_.ao:tfence
thesef)i~~:r~~'~~rDY!d!~'J:91i~]:ha~~dd:iiuf~~ensitive
nature' 'of' ',1:h~~'riparlan,.habl~t. 1:i"Upon" .elect1on'.:oft,aUinal
p1an=({i"~e~~ seJ:ection.o*-;o~;-~2_tbe"three;;];and'Useen1iancement
opt'ions;" or' ani' '1::ombina1:ion thereof), ana- prior to,'Bpproving
any restoration or enhancement project,. the city will conduct
further' environmentalreview."to, determine:.wbatdf any' impact
avoidance:,'1IIei!Sures and/or,1II!tigation -wil:Lbe necessary.
:Risk of' Dp38i; ",
A evaluation . of' ,hazardous 1IIaterials, required, or preformed
during the site survey and analysis. Several. sites. DaY,
however, have ~e potential for hazardous waste occurrence
and/or contamination ba~ed on past use (i.e., agricultural
fields and quarrying yards). Because of this potential, a
Phase I hazardous waste assessment will be conducted pursuant
to 'the"'-:requirements of the. state -of California to detendne
th~"pas1:"usesof'land:,to en.sure, that" in :the casetof upset
cb1?~,!,~~~~~j 'j' n01hazax:d.o~Iii",~t~ials, wlll"cbe releaSed.'I",t!1'his
asse~~~:!=~t"- be. c~duc;e~,:, .(,1l~, withint~eJr.tver valley. upon
s!l~.~1?~, of ::zt .. ~iri~1-r::plB.2J; !II1~,PJ;~~araUon>;Of~an.EIR" and~ (2) .'
~ior 1:?tth~~~~U.~,,~~;:~!:,~~~,o~.th~!!e, parcels;be~~~~1dered
~or~~e1'_~c~~~tiOA,!"~:~~)i:,{j:i~'Si~: '~}rF'it:;f~.:t~i~';,.:.~. ;'1J-}~~~~;;!~$?fJr:f~
~~~.~~~~~.'::~~. :~..~dr..~.".'~~.~;t_.,:~~". ";~~~",..t~~~~~~.. .
~e.'.as.+tdlf~'Of;:+},~~ri'-''''''-m.€li.~for.~'~.us~hD'~h~.4!~S~~
t1fe.,tii~~);r!'~~~~~~~~~~~~,~tne~~for#~alaOrii1i':-
'>arl"'~1~it~eVA1~.~:roiiiengeCifi1:r?'- ::"'oSalsZ,:foi\i; ark;.
. ~eviig-r-en~*be6om~avai1:iSfi~~~tbOdsf,4~B.9ite7,.tbe;&eed'
. for-~e~parang\i1lr,;y :fiiclude-:'re'\uirements,1:O provide' parking
adjacent to new park facilities.
'.
13.
B-48 (p J--.
. .
~4. PUbli~ Services
.
Implementation of the Resource Er~ancement Plan may involve
the future development of areas for urban Use (i.e., parks and
recreational facilities, trails, residential, etc.) thus
creating, the. need for" new. or additional public' services such
as po~!9~~~~ ~ire protection,. water ~d ~~wer'service, and
1Baintena11C?~ac1:1ol1S'required to maintain-the site's-integrity.
. t1pon"-selection of a final plan and/or site specific
deVelopment proposal, illlpacts to public services will be
evaluated. . .
~.:.._V"..
16. '~hre~hoJ.d/8tandards POlicy
The Enhancement Plan will meet the Threshold/standards.
19. 1!.ecreation
The Enhancement Plan recommends improvement and expansion of
1:he' existing recreational oPPortunities in the otay River
Valley. Public access trails and interpretation centers are
repommended and will be evaluated for environmental impacts
upon availability of specific project proposals. To offset
any 1'Iegative, visitors will be encouraged to stay on trails on
the perimeter of wetlands to avoid disturbing wildlife and
degrading any sensitive plant species.
20. Cultural 1!.esources
The Enhancement Plan identifies extant prehistoric sites
within the planning area and recommends preservation o~ these
sites. The Plan also recommends interpretation of the
cultural resources for public information and to protec1: the
sites from further disturbance. When specific active
recreation/ development projects are. proposed, further
evaluation of impacts to cultural resources will occur.
Should groundbreaking occur on or. near these' prehistoric
sites, mitigation could include a groundtruthing and updating
of the site records for destroyed sites, and avoidance, data
collection of excavation sites or site burying for extant
sites.
'.
21. . XandatoXY.J'iDdings of Significance
A.
~~E!~p';()ject'will not result in any site development, but
rather;prOPl!ri:ies,will.. be left. in a natural,. open state
IU1d~:wil1!'be biologically enhanced, therefore, sensitive
blologicaI:.resources will be preserved.
.
B-49
63':'
B.
The project will achieve long-term enviromnental goals by
allowing for the enhancement of biological resources
through compliance with the Resource Enhancement Plan
obj ectives.
c. The Enhancement Plan will. not create any demands Upon
natural resource systems nor contribute to regional nor
global demands for energy. .Ro' site' development- will
occUr with. imple3il~~tation of the-',Resource~ Enhancement
Plan.
D. The proposed Enhancement Plan will not create substantial
effects upon human health neither directly nor
indirectly.
c:\_p51\ovrep.l.
.
',':
'.
&'.~;,~"':.n ;J,r,11:, t::t'~~; ~:~ .,,:.t.>
:- ;':-:'1 ~'?:Ct.:i;."';.'::,:;':;;
f~~~'-:" t%',:::,\',r:-
,." "-
-, " " ,~"
.,J._.,. ...._
,j ,,'.:" ,.:~1Z-.:~;:' ,~~'':;'EX tJ~~';:! ;:j':::;f;~t(k-:jJ~~ 3fi'.L:
_.I' ",., ., "+"''''0")'' 'Y""!"t1.,Y'
< 0-.< ,i".'''"~,. :;"':~'I,' 1_:"'...,\,..... ..!.p";"#." ".~ ."""".. ~'_'_":> <.^_
.,t.~ ,.:f,::;.tG1i>i -, XJ:.~t:~ ,~!1;c;
." :-.:'":tr ,i"':.t:?"'-:l ^-".~J-,-;': ~_"'_'
~-."
"-': ~-'t ~;..
~ ........,
.
:' "",; ";(:.-'''1'- -
. "".- :
.':- ,'-
",,,,,".<" .<
- ~. co:: ...; ,
B-SO G i
'"
. . ~ I i_ ::
~
\~
",
, ,i
(I""
";.k'\
'.
~
C'd
-
A.!
~
~
Q.)
s
Q.)
C)
~
C'd
...r::
~
~
Q.)
C)
~
;::1
o
to
Q.)
I::cj
~
Q.)
-
-
C'd
:>
~
Q.)
>
.,..,
I::cj
~
C'd
.0.:>
,0
,.
,";
~~ .
.!
v
e,
.'
..~"'
'$~'_. ,^"'
~""0. ."..),
:;';5- t;;
, ,
.t-
.~~-. .;:..!..-"::...
"
o .
-,-"-i-
'~~"'"
~~~{~.:~~i~'
';;U7",.
1-.
;.
Ji:1.
W
~ .
t1! ~
'" is
~, "
J E
.!
a
. ...
~'3 v
,; ,,<
9":.- ~
-.
o
,.~ I
00'
'A
o 'oS
.t J'
o '" U
"";.,, Ii t
5~':" 0 t:i
5 '8
SOei
""
U
c.
o ~"
U
co,_ _".0 .'.,
::r>'
"0.
ft
-
...
c
u
E
u
~
-
c
~
'"""
r'~?
"",or
'.
..
B-S1 .
.,i
~.
\
f
Z
<
"H
" ~
8
Z .'
~
~
~ "
0, ..
..
Z '<
01
< D
:; "
::z:: .. ..
. ..
.. '<
" Z ...
.. 01
~ .. .!
..
~ ...
"
'"1:1 ... ..
01 ..
0 .. u
8 ..
~ .. I=:
u . II
~ .. .
...adClWH .. -
... .
.
0 .. "
JIq "'"
00
~ ......- I
~$'i
~ "',-"
~~.
,~ :;:.~:~. ----
~
H
H
.<
>-
~ ...,1-'
~
>- .
...
\. ~ iii
~ " .
. ..
I><< .. :;
;;'1 '< .
;;. ..
< ..
..
.. ..
8 .S ~
0 ~,... -:- ,..
.<"~'." - .
.. -
.- ...
..
.. '<
R
- ..
.! ...
..
- ...
~ . :; ,
.
- . !
Z. D .
"" .0
0 ."
.... .
fo~ ~. . B-52,
~."
-0
',"
'. c
z
<
H
Pi
8
Z
~
~
P=1
o
Z
<
:rJ
Z
~
.~
o
~
p
o
00
~
~
~
~
H
H
<
>
~
~
>
~
:,,~
.~.~
'<
",
l8
';'0
~,.
l
Ii!
,
"
<
.
..
L
z..M.IIM:1
.A.c.a
......
,
\ }.::~
:kl'_ '
~
Z
o
e::
p..
o
l
'.
..
..
<
..
o
-
...
"
t
.,
..
.,
..
10.
....
...
..
.,
II
..
..
"
.
....
..
1"1
I~~..~~
t~..t
<19'.....
'"'"("t"
~...'
.\'.,.
":""'''f
,,<
'.,~:i,
'''8
'.,;"~, D-
o
-
'.,
.
..
R
-
..
::
..
..
..
o
'"
"
"
..
<
"
o
-
..
..
"
..
"
"
-
~
"
.
..
..
..
'"
1___
-::=-:-=
----
--------
..
...
iQ
"
.!
...
.
..
..
u
..
~
..
~
..
..
<.
..
..
"
:2
."
..
..
o
-.B-53
I-
Z
<
H
P-I
8
Z
J::1
;g
J::1 ..
..
0 ..
<.
'Z ..
..
< -
- ..
.. ..
~ t ..
.. <
Z .. "
..
.. ~
J::1 II< -
.... ..
- ..
J::1 a ..
.. u
0 S ..
.. =:
~ .. ..
.. .
P -JlD~H .. ..
. " ... ..
< .. ..
0 , IIQ '"
..
CQ ..
~ I
~
~ "-MMt,(.. _h
~
....:1
....:1
~
~ .,... '-'-.
~.
, > ..
-
I-( 0;
~ '..".~ . '..
""'4:: ..
-
~ ,< -
..
'. :
",< ~~= u
k~~~. ..
,8 =:
"'~. "0 ,."':iI~"': ..
" "". ~
,~
.. -
.. u
Q <
- .. \
" .. - . i
- ..
- ::!
L~ ..
C!:) .. ...
-.. - ..
.. "
~ II< 1;).
0t 0 . B-54
....
E-o
~ .
0
..
,
'/
~"t'K';A.6.1,"'; ~ F~r'th ~yrn1':_t'
CiIT-. ".. _~~1~ Vist.I.J.!!i~a Z'
10") ~)b-SJj(j
~." O{Pgo
"--.
C'-,.:
9JSJO
.
-~--~------------------------------------
'uJu:t L....a1I."
: Ccol3T- SI!,.Df~__ __
~uSnta:--Ytr1td'_. . .__u __'._ __h
A.M'JIoCf" PAI';.J: J.:o. -!!d e-d ._"
"'iN:M;:!'J: ,,,,..H..,~Q:, J-:
Al'J'C~.:: ---.!!:.?-'~ F.!!l'- ~J,iI...yr:
Cit7'''''''U::' C~wY'r-
Chula Vista
'l'M.!Aaoc 1564.
1.or.,,, _ .....
O:'~v Rheof
Jd.001o,
IlDC'ticr..: "'1-
wu:.rWJn: Stn Dif'oO E!v.
-----------------------------------------
~.",HI! ,..,.,..
CECA, . 0 I;O~
01Mlr COOl
ON'o"'"
Ott"'n~
OS",,_,~.""'qom!
o EJK (Prior SCIi N..I
Oow.
Hf~A:
01C)1 aNt:
OIA
Ott.r.ZU
01'Ol/i1
D Joha Poouo.c.I
D"aII Doae..a
DOoIor
-----------------------------------------
1...1...1'-01 TrH
D """nIPIIA u,.w.
Oc.~",PIu."""""""
[j o...,IIPIu. E'-<
o C.......'" PI..
OSPEi/k,J..
[)M,""crnlft
D PI&.nod U... c..I/o""...,
r: S.. .IM
DIIJa'JI D ~ ~
D rru- D Lodo.oI.,.....
D U""'.!I D c..1II......
o Lo.! !>i.1obo 11_...... D Oobor
.....,..10..'1\0<<101...__> .
----------------------------------~---,--
hy.I.......trt ,.,.,.
o au__&.': lJ",;,~ A,pu
COl1k.r. $f~':::: Atru-z.;,I#)",_
DC'~bJ:.sf"._AC1'&I_z".,l#],CJ_
C~&)~ Sf/'._ Ac,u_ u..,lpt,C'J'_
OU.._
D 16<<""'-1
-DW_PodIidoo: !')po:
D'bw~~-= r~
0......., II_Ii.
01'0..., . rJPO:
DW_~ fJPO:' '"
DHuriowoWNN:7)roi ,
)!!) cw.r.
-
"'CD
-
..-L-.
Pro.,... ~. ai..lII...... J.. ..........nt;
" ,
-----------------------------------------
o """"'1ioNbu~
o "p;ovJa.nI JA.!
OA.~";",
D~lita.VH.ia'=inJ
OC...IllZoot
, Dr.....,"'..............
~..
..!,,,,II
X1IPIoo.s,......_...
O-Lw.'!V.H~4
[!c....:...c.,'-.'S..r:\i:
D.....".
0"....
O"""~).I_.
o PuI/;,J...;...,'!'otiIUiu
o 1...",""",,",
O"'-IoJUIIoO>!lloo
Os_a,--.
o S__ c&f*lrt
III S.D ,,",:...r--q-"...o.~
.010101'10'_
XII"'~
OT..rr..c-.."""",
J(DV._..
C"'_QotII.,.
O...-I........o...n...._
DWtdlOMlpon..,
~...~(.
~~
~
C\uoaIaIIa m...
Oofc
--------
slde.tlll.
:.%:J.1~ions!: CON':A::'J 1'om Ltlftul
('10) US-OilS
!.L.-z J.~nr ircl...'i1
zn uv ~o ACE!ICY.
:1.2 ( .Cf2-
.7Sj~
&..1d
eam
_ -t-1..~.fN.%1::t.
- ~Coa.~&1..cCII:I
"\~~CD..tll;.CDnn' ". ':'~'"':;'21
,'~(1tCDa!.'Y&~1_S' ;'''::E:'!'
= '101.:5:;_,_. _
ea IIIr
;. .:zx:r U'f 'to sea J
:a CC101.UX::Z.; "' I
".".,
"- >,
;:Uln lIOn SC1I1ItO!!!20l' J.U; ~s
'po ~ PDKV....,; urz ~'lS'lI""!~"~.;r';
:1'0 '!D'.~ ~IXCY OHLY .
~/4.1C~ t~uourc:n.~/~
.. .,.,;..... ........
"~8/,
-.
_ L8..1 th
.$- - u'n~ to... 1n~ , .... . ~ttl: '0'1' Sty"
~ ~-
.o-~:>
-EXHIBIT F
Land UseOptlODS
.
"
,;'1.-
.,-'~
.,;-;:,'
'0""" ,(;.h,'.:: :';: ~"~'.t~~l.
.. q,'R'j,,';'tFii@~.1I,.
",,' . 'Ef,\'~~-M~.'<'fc;tf.';;: ':P"
.
~'f
,
p
'1
)
~1, ~~.:...""
_~r
..
~",
,':':,'.",..:"~
".;~""... ~,'-
-'^'--. '~""""'''''''''''...........,..'
..............,
't"
,)
,..,
B-5S
".
. ..
.. ..
iQ iQ
.. ..
.! '.
. :_,.
z: .. ..
. c:
< z: '.:.
. ..~....
- .. .j:;~<
. .
j . 11;. '1:(,;
. . .,
... .. ..,
.. - '::;;"-
- .., .. u
., u
.. < <
.
Q . .
..
- ... .
.
.!!.. ... :!
- - ...
. ...
. .. .
.. ~ ..
,.c: Q
171
' '; .
.:t" B-57
.
z
<
~
A;
E-I
Z
~
::g
~
0
Z
~
~
~
0
J::i
P .~D ~CluaH.
0
IX:1
~
J::i
~
~
.~
~
.-<
:>
J::i
.~
:>-
I-(
~
'. ' :>-<<
<
E-I "
0 ,..-
~;l .It
r"
.'
','
"
t:"'
7(
..
..
..
<
.
.!!
..
.
t
.
..
..
..
Do
....
..
..
..
Ii
..
u
A
..
...
A
.IIOiI
.t;.:~=
~~.t
.,,:1';
"."...
.
..
..
<
..
.!
..
..
..
..
..
..
..:
..
..
;;;
..
.
Go
1------
-..:"_-.:r'_
=:=:=S-
::f:E=::
J
.' ::~.;..~,.
-.. "'
z
<
H
fl.
E-i
Z
~
::a
~
.0
Z
<
~
~
~
0
~ "JOCOUJrN
0
~
~
~. . ,
-:
~
~
~
H
~
~
~
>-
" ~
~
'. :>c
<
. E-i
0 (-.
;.),.. "
f'~ ..-
to,
t.L~'
'..+= ~
~ -
",-.C;
. ...
.)
.
.
..
..;
"
.!
..
.
t
.
.
.
.::
....
..
"
.
S
.
u
"
.
...
"
IIQ
.
.
..
<
"
.!
..
.
.
..
U
.
<=
.
..
..
.
,::
1_--
--_-:..--
-...---...--
-.....-
. .
.. ~.::
;; -IIQ
h,
.. .",'.
. .' ;';'i--!t'
z: -
--
< .;" ot-~..-
. d:
.. ...
" . ..
.' . .
",'.: .' .
~ .' '.
.. ~
- :I
. -'
.. . ..
. < <
A :: ..
- ...
.!! . .
- ... ...
" :; -
oS ...
. "
~ ~ .
t)
I I .
B-sa
z
<
~
~
8
Z
~
;a ..
0
~ ..
.;
0 "
Z .!
- ..
~ .." ..
. ..
.. '<
..
.. a
Z 0 .!
..
.. -
~ ... ..
- ..
" ..
"
~ 0 "
S -p::
0 0 ..
u
S a .!:
.. ..
".IQ OOIilti . ... ..
.. ..
S f"I ..
0 l.
I
r::n
~ .._-.-..:--
~ -----.--
/>I
~
H
H
-<
;>
~
~ .. ..
> - -
iii -
'"
1-1 .. ..
,. ~ .. . .! .!
:: - -
/>I .. ..
'< ::. ::
~ .- . ..
a .. ..
.. 10: 10:
1/ .. ".;". :
... .~
0 .. - ::
-: _. D'
...
.. < <
Q .. ..
- -
- .. ..
.. ... ...
if - -
... ....
CO .. .. ..
- .. ..
Z . Co> Co>
..
0 I I.
13 ~ ...
~
0 B-59
I
". .'
'.
'-
.
_.
EXHI1IITG',
I. '..";
..",."",w...'~+"'''''. ~
, ;,(;..::c,;:_^,
Trails aDd Staginl: Are~' Concept Map
.'
"
7f
.',', . .~ :.<
';",
,"',
OJ
B-60
, .
. ,
.
.
1
'-
z
<
"~
P-I
8
Z
.~
~
r:::J
o
Z
<
't:r::
Z
r:::J
~
o
~
p
o
'CQ
~
P:i
:>-<<.
r:::J
H
H
<
>
P:i
~
>.
1-1
P:i
, >-r
'<
E-r
o
'7:Afa ..,:e....
~
'$ -~--'a
s-
o
-M:J'..JmH
.:
.
.,
.I
l
.
JI.
.~
bM~..
,
'''YPJN.I.
7')
~
.
.
\
-
.
B
.
"
..
;
"
.
i
...
.
.
.
.a
E :
~ ~
~.i,t
;"', :f~~~? ii .~:: '
" "
"t".:,,:
. ',''l';;'~? [:<
I'
ra
'.
to
a$
CD
J..!
<
bD
.~
......
bD
r::$
~
CQ
'"CI
~
d
t!I
r-(
.....
d
J..!
Eo;
'J..!
o
C;.j
~
as
....
P-I
""'.-
~ 0:1"41: -
. ,': ;:f'=
~
.:[~t.
.=
0"
0:
B-61'
~"'
','
~..-
,
cs
~
"
\
')
<.
,
~
..."'
"
l'
".'{"
,'(
".""
,
.^"..,..-
"
.." ":',.
',,',''',
7!P
RESOLUTION
ACCEPTING GRANT DEED FOR REAL PROPERTY FROM THE CITY OF SAN
DIEGO FOR THE PURPOSES OF THE PLANNED OTAY VALLEY REGIONAL
PARK.
WHEREAS, the City of San Diego acquired a total of twenty- six parcels, equaling
180.33 acres, last year through additional State funding. Of these, a total of thirteen parcels
(63.42 acres) are located within the City of Chula Vista and have been requested by the City of
San Diego for transfer of ownership to the City of ChuIa Vista; and,
WHEREAS, said real property was acquired and it was determined that thirteen
parcels are located outside of the City of San Diego jurisdiction and within the City of ChuIa
Vista; and,
WHEREAS, the City of San Diego requests that said real property, be transferred to
the City of Chula Vista for purposes of the planned Otay Valley Regional Park, thereby
removing property tax liabilities; and,
WHEREAS, this action is a reciprocal goodwill gesture on the part of the City of
Chula Vista for acquisition efforts performed by the City of San Diego; and,
THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that the City Manager is hereby authorized to execute, for and on behalf of the City of Chula
Vista a Grant Deed, a copy of which is on file in the Office of the City Clerk as Resolution
No._accepting thirteen parcels totaling 63.42 acres from the City of San Diego.
Presented by
Approved as to form by
Robert Leiter
Director of Planning & Building
John Kaheny
City Attorney
...'....._T__
77
,.
. ':\ ' ~
:,-,
.' '" ii~
., .~~
7?S
\
I
. ~
.\\
,}
... VVi'iEN. RECORDED MAIL TO:
City' of ChuJa Vista
City Clerk
276 4th Avenue
Chula Vista, CA 91910
GRANT DEED
THE CITY OF SAN DIEGO, a municipal corporation, in the County of San Diego,
State of California, for a valuable consideration, DOES HEREBY GRANT to Tf--;:::
'::IT1' OF CHULA VISTA, a municipal corporaTion, in the County of San Diego, StaTe
:Jf California, all That real oroDe:ty described 2S follows:
LEGAL DESCRIPTION ATTACHED
IN WITNESS WHEREOF, the City of San Diego has caused this deed to be executed
by its City Manager, pursuant to resolution of the Council authorizing such
executi~n, this .?. ~ day of .~-""'-~ , 19-.:tL. .
THE CITY OF SAN DIEGO
;1~
~(j( ) /_--
/trU" ~
By: . (....~
f\1:~I ....~I T. Ub"'l t.u...~a
...:....;;,(;:~~~r .
Real Estate Assets Director
7c;
/J
f- 292136
ATTACHMENT 7
.,'~+~:~.
..-,.
~ ..
co
..
'1\';:
, -~~'.;".-<;'
. ..?~~:;
~.:d7;f;,.7-i:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~~=~=- ,- .--------
I
I
~
, .
(';:
On
~.;tg \'\'" before me, ~~ ti::.LJXh cvJ:-
~ T f:r;:;p;~"'~Ooo'-'PutMcl
Narne(1) at .
J:g::"personally known to me
o proved to me on the basis of satisfactory evidence
I
I
I
I
~
~
I
~
i
Data
personally appeared
~ s~= IA 0 "U"A~
- -- ~~:. "'.
<~.~ C~--',,.~~~ ;174331
~ p". ':::.i:-~ :;, ......:-. c-.r'or' %
! '\:"._-"7 ,_~ _~:,::"~ -, rolQ ~
~ , <:--~~-- ~:Juc'Y. 1
fI. .. ~'- . :";-.J.:~5 -ec 22. 2J)2
- - - -. - - - - - - --
to be the personrslwhose name~subscribed to the
within instrumerrt" and acknowledged to me thatBshe.lthQY
executed th~e in hislherltheir authorized capacity~
and that b~r signature~ on the instrument the
persol){sf, or the entity upon behalf of which the person(Jlf
acted, executed the instrument.
WITNESS my hand and official seal.
~;J-~~
L. Signature of Notary Public
OPTIONAL
Though the information below is not required by law. it may prove valuable to persons relying on the doc:
fraudulent removal and reattachment of this form to another document
ription of Attached Document
Number of Pages;
Capacity(ies) Claimed by
Signer's Name:
Signer's Name:
o Individuaf
o Corporate Offi r
.Tllle(s):
D~ Partrie ...,,0 Umited, DGeneraf.
D'Att..... '" "~F''''ct'~''''''''''':: ..' -:: "
'. ey-m a .,.,..".....,~..:"..~"
o stee
Guardian or. Conservator:">o;.~
DOther.;i"{'i' ...n ",:; ""'!.:.
;",
,.
,:t
';1
It
',,'.
~1
Signer Is Representing:
Signer Is Representing:
?/
'.
C 1996 National Notary Assoc:iBtion. 8236 RemmetAvp pn RIw .,.,AA. r............'" D..o4,. ,..~ n~...... _.~.
.
'.
'I:.
~.
)j.-
,Ie.:
":...
>!,
',,,,
/
~~
-:-'V';
,
"
,!.)',:"
",
,..
;....
;.Y
'i:,
,
it'
,.
"
"
"
-.-- - --.
L..
"
,
"
.'(.',
',!,..~,.,,,,.,,.-~,.,.:,,:,,,
, :0;., ~ "","" ,'~"?~
.~ j f1~~ -' " . .
1 )' '.;.,,~r~;i":i(\f~~t't.':~K~-t
n. _~
;.0"
(?2..
~:".',
;~")
\.....r ';,,)
'....,u, ,_._-'-~_,__._..._
'._-<--'---'~'-"-'
.tv;';c.:::tj.':;'.;'
,.' "'<;;";:'
"t~:, 'I'"
>' ''-'
".
~ .'
.1;-',
."'~, -
~' t
,
)
(R-2000-198)
RESOLUTION NUMBER R-
292136
ADOPTED ON ~p 1 4. 1999
BE IT RESOLVED, by the Council of the City of San Diego, that the City Manager or
his designee is authorized and empowered to execute, for and on behalf of The City of San
Diego, a grant deed, a copy ofwmch is on file in the office of the City Clerk as Document No.
RR - - 2 9213 6, transferring seven parcels of land, containing 63.77 acres, acquired for Otay
Valley Regional Park Open Space, to The City of Chu]a Vista, as more particularly described in
the grant deed.
.-'li'PROVED: CASEY G\vlNN, City /morney
By
I~ [)'~
Prescilla Dugard / \
Deputy City At1.orn~
PD:cdk
08/] 7/99
OLDept:REA
Job: 500003
R-2000-198
Form=equitsr.frm
~3
-PAGE] OF 1-
" ,.
(ji
"', .
'Pi'
r-,,"
",,-L{:'
'$)-; -
~,;;;, ~
i"'::~.:
;~-:,~;-~.- .
Passed and adopted by the Council of the City of San Diego on
the following vote:
SEP 1 4 1999
by
YEAS: MATHIS. WEAR. KEHOE. STEVENS. WARDEN. STALLINGS. MCCARTY.
VARGAS. MAYOR GOLDING.
NAYS: NONE.
NOT PRESENT: NONE.
AUTHENTICATED BY:
SUSAN GOLDING
Mayor of The City of San Diego, California
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California
(SEAl)
Deputy
By: PEGGY ROGERS
No.R-
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION
292136
SEP 14 1999
, passed and adopted by the Council of The City of San Diego, California
on
- '--. .
CHARLES G. ABDELNOUR"
(SEAL)
, Deputy
city Clerk of The City of San Diego; California
By:
r--
I
June 29, 2000
FROM: patty wesp
SUBJECT: TION . RESOURCE CONS COMMISSION
MEMO TO:
At the request of Mayor Horton, please place the following under Mayor's
Report for the next City Council meeting:
RatiFication of Appointment to the
RESOURCE CONSERVA TION COMMISSION
Charles "steve" Thomas
steve was just interviewed by Mayor Horton; is a former City employee
and to my knowledge has never served on any Board/Commission. Thank
you.
Encls.
cc: Mayor Horton