HomeMy WebLinkAboutAgenda Packet 2001/05/15 CITY COUNCIL AGENDA
May 15, 2001 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CHY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 47
AGENDA
May 15, 2001 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO TIlE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF TIlE DAY
· PRESENTATION BY DAVID MALCOLM, PORT COMMISSIONER, REGARDiNG
PORT DISTRICT MATTERS
· PRESENTATION OF A PROCLAMATION TO JOHN LIPPITT, DIRECTOR OF
PUBLIC WORKS, PROCLAIMiNG THE WEEK OF MAY 20 - MAY 26 AS
NATIONAL PUBLIC WORKS WEEK
CONSENT CALENDAR
(Items 1 through 9)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an 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. APPROVAL OF MINUTES of May 1, 2001.
Staff recommendation: Council approve the minutes.
2. 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 May 8, 2001, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from Hector Molina, member of the Cultural Arts
Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post the vacancy in conformance with Maddy Act
requirements.
C. Letter of resignation from Fred Tinker, member of the Human Relations
Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post the vacancy in conformance with Maddy Act
requirements.
D. Memorandum from Deputy Mayor Pat.ty Davis informing the Council that she
will be in Washington, D.C. on May 15m and requesting an excused absence from
the City Council meeting.
Staff recommendation: The request be granted.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A PURCHASING AGREEMENT FOR TREE
TRIMMING SERVICES FOR FISCAL YEAR 2000/2001 TO URBAN TREE CARE IN
THE AMOUNT OF $112,550.67
On March 9, 2001, an advertisement was placed in the Chula Vista Star-News soliciting
bids for tree trimming services. Eleven potential bidders were contacted, one of which
was a local vendor. On April 5, 2001, the bids for tree trimming services were opened.
No local vendors submitted a bid. Considering the low bidder for each item, three
different vendors submitted low bids. One vendor is recommended to be awarded a
purchase agreement that requires Council approval. (Director of Public Works/Deputy
City Manager Powell)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND ADOPTING A NEW FEE SCHEDULE FOR PICNIC SHELTERS
AND COMMERCIAL VENDORS PERMITS IN CITY PARKS, TO GO INTO
EFFECT ON JULY 1, 2001
The picnic shelter reservation program was established in 1986 at Rohr and Eucalyptus
Parks. The reservation fees have remained the same since the establishment of the
program. New reservation programs have now been implemented, due to increased
demand, at additional parks throughout the City. Therefore, a fee adjustment is necessary
to offset the cost of hiring additional staff required to expand the reservation program.
(Director of Public Works/Director of Budget & Analysis)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 2000-
2004 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND
AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG)
Page 2 - Council Agenda 05/15/01
On April 11, 2000, Council held a public hearing and approved Resolution No. 2000-108,
adopting the 2000-2004 Regional Transportation Improvement Program (RTl]?). The
RTIP, a six-year program of proposed major highway, arterial, transit and bikeway
projects, including the TransNet Program of Projects, was reduced to a four-year program
as a result of Senate Bill 45. The 2000-2004 RTIP covers the same period as the last
seven years of the 1998-2004 RTIP, which was adopted by the SANDAG Board on July
24, 1998. The subject amendment primarily concerns changes to the cost estimates and
schedules of projects in the biennial element of the RTIP (FY 2000-01 and 2001-02).
The SANDAG Board of Directors will consider amendments at its June meeting.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDiNG A PURCHASiNG AGREEMENT iN THE AMOUNT OF $236,183.81
FOR TWO FIVE-CUBIC YARD DUMP TRUCKS AND ONE STREET PATCH
TRUCK TO DION INTERNATIONAL TRUCKS THROUGH TWO COOPERATiVE
BID AGREEMENTS WITH THE CITY OF SAN DIEGO (CONTINUED FROM MAY
8, 2001)
On February 27, 2001, Council approved the staffing studies that authorized the addition
of eleven positions and equipment for the Public Works Operations Division. The
equipment approved included heavy trucks needed for the new crews. Municipal Code
Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other government agencies for the purchase of
materials of common usage. The City, therefore, is participating in two current City of
San Diego bids from Dion International Trucks for two five-cubic yard dump trucks and
a street patch truck. (Director of Public Works/Deputy City Manager Powell)
Staff reconunendation: Council adopt the resolution.
7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FINAL "B" MAP FOR CHULA VISTA TRACT NO. 96-04, OTAY
RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-27; ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND
IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENT AND THE WALL
EASEMENT GRANTED ON SAID MAP; APPROViNG A "B" MAP SUBDiVISION
IMPROVEMENT AGREEMENT; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR VILLAGE 5 NEIGHBORHOOD R-27 OF CHULA VISTA
TRACT NO. 96-04, OTAY RANCH SPA ONE, AND AUTHORIZiNG THE MAYOR
TO EXECUTE SAID AGREEMENT
Page 3 - Council Agenda 05/15/01
Adoption of the resolutions will approve the Final "B" Map for Neighborhood R-27 of
Otay Ranch Village 5 (CVT 96-04) and associated agreements. D. R. Horton San Diego
Holding Company, Inc. is the current owner and developer of the property. On April 20,
1999, Council approved the agreement for the financing and construction of Olympic
Parkway and related roadway improvements. Approval of the subject Final Map
complies with the development thresholds established by the Olympic Parkway
agreement. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING RECLASSIFICATIONS, SALARY ADJUSTMENTS AND/OR
CHANGES IN BENEFIT GROUP FOR TEN CLASSIFIED POSITIONS
The addition of higher-level duties and changes in level of authority and responsibility
necessitate reclassification and/or change in benefit group for ten classified positions in
six departments. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CITY OF CHULA VISTA FAMILY AND MEDICAL LEAVE ACT
(FMLA) POLICY
In 1993, the California Family Rights Act (CFRA) and the Federal Family and Medical
Leave Act (FMLA) were enacted to protect an employee's fight to take time off from
work for their own or a family member's illness without fear of discrimination or
retaliation by their employer. While the City has complied with these laws since their
inception, the administrative details have not been memorialized in a formal City policy.
The proposed resolution not only memorializes those details in a formal policy but also
demonstrates the City's commitment to the needs of today's families. (Director of
Human Resources)
Staffrecommendation: 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.
Page 4 - Council Agenda 05/15/01
PUBLIC HEARINGS
10. CONSIDERATION OF APPROVAL OF PCM 91-08, ADOPTING THE OTAY
VALLEY REGIONAL PARK CONCEPT PLAN
Since 1990, the cities of San Diego and Chula Vista and the County of San Diego,
operating under a joint exercise of powers agreement, have been acquiring property and
developing a concept plan for the creation of the Otay Valley Regional Park (OVRP).
Through the on-going efforts of a joint staff team, a policy committee composed of one
appointed elected official from each jurisdiction, a citizens advisory committee, and
executive staff, Council is now being presented with thc draft OVRP Concept Plan for
adoption. Thc Draft Concept Plan contains policies that guide the implementation of the
OVRP. (Director of Planning & Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN,
CREATING A REGIONAL PARK THROUGHOUT THE OTAY RIVER
VALLEY, EXTENDING FROM SAN DIEGO BAY TO UPPER AND LOWER
OTAY RESERVOIRS
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
12. MAYOR'S REPORTS
A. Ratification of appointment to the Commission on Aging - Steve Palma.
13. COUNCIL COMMENTS
ADJOURNMENT to the Adjourned Regular Meeting of May 29, 2001, at 6:00 p.m. in the
Council Chambers. The Regular Meeting of May 22, 2001 has been
cancelled due to the Mayor's State of the City Address, which will be held
on that date.
Page 5 - Council Agenda 05/15/01
May 7th, 2001
MEMO TO: City Clerk ~
FROM: Patty Wesp
SUB,TECT: UPDATE ON PORT DI:$TR]:CT MATTERS
At the request of Port Commissioner David Malcolm, would you please calendar
the following item under Special Orders of the Day for the May 15th Council
meeting:
Update on Port D/strict Matters
Port Commissioner David Malcolm
Thank You.
cc: Mayor Shirley Horton
Armando Buelna
Patricia Salvacion
April 24, 2001
MEMO TO: Donna Norris, De,~y City Clerk
FROM: Patricia Salvacion, MayoflCouncil office
SUBJECT: SPECIAL ORDERS OF THE DAY - MAY 22, 2001
Per John Lippitt's request, please docket the following under Special Orders of
the Day:
PROCLAIMING THE WEEK OF MAY 20 - MAY 26 AS
NATIONAL PUBLIC WORKS WEEK
John Lippitt, Director of Public Works will be accepting the proclamation.
cc: John Lippitt
CITY Oi~
CHUIA VISTA
OFFICE OF THE CITY A']-rORNEY
Date: May 9, 2001
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney~~
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 5/8/01
The Redevelopment Agency of the City of Chula Vista met in Closed
Session on 5/8/01 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
Property: Assessor Parcel Nos. 568-270-2200; 760-106-9205
(31,673 sq. ft. at 320 Third Avenue)
Negotiating Redevelopment Agency (Chris Salomone and
Parties: CinemaStar/Trigild (Bill Hoffman)
Under
Negotiation: Price and terms and terms for acquisition
· CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A):
Agency vs. Rados Bros. [Case No. GIC734557-1]
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619)691-S037 · FAX (619)~t 409.5893
KBHT-'~/
5770 RUFFIN ROAD
s^~ D,EGo, o^ ,~3 R E C E I V E D
{858) 576-1919
(858) 715-1919 F~
31 ~T-3 P2:34
CITY OF CHULA VlSi;
CITY CLERK'S OFFIC~ ~i~W UNIVISION
April 25, 2001
Mr. A1 Gore
Cultural Arts Commission Chair
276 Fourth Ave.
Chula Vista, CA 91010
Dear Al:
It is with regret that I submit to you my resignation from the Commission. I just find it
very difficult to continue to attend the meetings due to new responsibilities at work.
However, you can continue to count on my support to promote the events and activities
of the Commission. It was a pleasure to serve in the company of very dedicated and
resourceful individuals I just wish I could have done more. Please, extend my regrets to
the Board and to Rick.
Respect~/lly yours,
// .
t~Ie~(or Molina /
Station Manager
05/07/01 16:21 FAX 619 691 5281 CHULA VISTA POLICE DEI>T. [~]003
03/14/2081 12:21 E 194893377 FRC SOUTH RE6ION P~6E 01/B1
Fred A. Ti~ tker, Ph.D.
833 East J '~t~eet
Chula Vist t, CA 91910
March 14, 20 ~1
To: Virgil pina, Chairman
Members, Chula ¥ista Human Relations Commission
Joyce Scula~k, Secretary Chula Vista H~tmau Relations Corem/salon
RESIGNAT; .ON
Effective irrm ~ediately, I resign flom the Chula Vista Human Relations Commission.
Sincer~-ly
May 9, 2001
MEMO TO: The Honorable Mayor and City Council
FROM: Patty Davis, Deputy Mayor
SUBJECT: REQUEST FOR EXCUSED ABSENCE
As I will be in Washington, D. C. on Tuesday, May 15,h, 2001, I
respectfully request an excused absence from the regular City
Council meeting.
Thank You.
Cc: City Manager
City Attorney
City Clerk
Council Staff
COUNCIL AGENDA STATEMENT
Item -~
Meeting Date 5/15/01
ITEM TITLE: Resolution Accepting bids and awarding a purchasing agreement
for tree trimming services for fiscal year 2000-2001 to Urban Tree Care in
the mount of$112,550.67.
SUBMITTED BY: Director of Public Works
Director of Finance (4/STHS vote: Yes_No.X.)
REVIEWED BY: City Manager ~'/
This is the annual block tree-trimming contract for FY 2000-2001. On March 9, 2001,an
advertisement was placed in the Chula Vista Star News soliciting bids for tree trimming services.
Eleven (11) potential bidders were contacted, one was a local vendor. On April 5, 2001, the bids for
tree trimming services were opened. No local vendors submitted a bid. Considering the low bidder
for each item, three different vendors submitted low bids. One vendor is recommended to be
awarded a purchase agreement requiring Council approval.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding a
Purchasing Agreements to Urban Tree Care in the amount of $112,550.67.
BOARDS & COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
Bids were received from the four contractors listed below. The contract was bid by the Purchasing
Agent so that each bid item could be offered to the lowest bidder of that item. Each bid item
was evaluated to determine which contractor was the lowest bidder. Table 1 lists the total
contract amount bid by each of the bidders for all of the separate items. Table 2 indicates the
amount of the bid from the lowest bidder of a particular item. Table 3 lists the recommended
purchase agreement amount for the two contractors recommended by staff. Council is required
to approve all contracts over $100,000. Only one of the purchase agreements exceeds $100,000.
The other is in the amount of $87,109.10 and will be approved by the City Manager.
Page 2, Item -~
Meeting Date 5/15/01
TABLE 1
FULL BID FOR EACH BID BY CONTRACTOR
NO. CONTRACTOR BID AMOUNT
1. The Davey Tree Expert Co. $518,166.13
2. TruGreen LawnCare $214,432.40
3. Urban Tree Care $226,536.03
4. Aztec Landscaping Inc $368,941.61
TABLE 2
LOWEST BID BY ITEM
BID ITEM DESCRIPTION LOWEST BIDDER BID AMOUNT
· 1. Queen (Cocos) Palm Urban Tree Care $13,345.92
2. Fan Palm Urban Tree Care ~ $9,732.42
3. Phoenix Dactylifem TruGreen LawnCare $3,185.00
4 Phoenix Camariensis TruGreen LawnCare $13,869.00
5. Broad Leaf Urban Tree Care $89,472.33
6. Eucalyptus Large TruGreen LawnCare $22,197.00
7. Eucalyptus Medium TruGreen LawnCare $19,956.75
8. Eucalyptus Small TruGreen LawnCare $13,937.00
9. Pines TruGreen LawnCare $8,428.00
TOTAL $194,123.42
~ Although The Davey Tree Expert Company (Davey) was the low bidder for Item 2, the City
Arborist has indicated that he recommends awarding the two palm items to a single vendor for
the following reasons: One, there will be less administrative costs by reducing the time and cost
to process progress payments for one less contractor; two, there is only $1.21 difference per tree
in the bid mount and Davey did not give terms on payment whereas Urban Tree Care did at 2%
for payment within 15 days. Therefore, Items 1 and 2 were combined and it is proposed to
award them as a lot to the lowest combined bidder, which was Urban Tree Care.
Page 3, Item ~
Meeting Date 5/15/01
TABI,E 3
STAFF RECOMMENDED CONTRACT AMOUNT BY CONTRACTOR
BID ITEM CONTRACTOR CONTRACT AMOUNT
1 Urban Tree Care $13,345.92
2 Urban Tree Care 9,732.42
5 Urban Tree Care 89,472.33
3 TruGreen LawnCare $3,185.00
4 TruGreen LawnCare 13,869.00
6 TruGreen LawnCare 22,499.00
7 TruGreen LawnCare 21,918.60
8 TruGreen LawnCare 17,209.50
9 TruGreen LawnCare 8,428.00
FISCAL IMPACT: Money was appropriated during the normal budget process from Gas Tax
($100,000) and mid-year ($100,000) as part of the Public Works staffing studies from the General
Fund.
Attachmem 1-Bid Tabulation Form
M:~Public Works Operations~A 113 tree conlract 2001RR2.doc
5/2a) 1 4:30 PM
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
TruGreen LandCare L.L.C.
TruGreen Hotding L.L.C.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investmem in the business (corporation/partnership) entity.
TruGreen, Inc.
3. If any person* identified put,ant to (1) above is a r~n-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
Not applicable
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Ray Miramontez, Branch Manager
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes
If Yes, briefly describe the nature of the f'mancial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Cotmeil? Yes No__~ If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a
current member of the Chula Vista City Council? Yes__No x/ If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) mouths? (Tiffs includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes ~ No ~ If Yes, which official** and what was the nature of item
provided?
Date:
Print d type name of Contnaetor/APpiicant
* Person is defined as: any individual, firm, co-parmership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or eombinatinn acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member
of a board, commission, or committee of the City, employee, or staffmembers.
H:\HOME\I~NGINE ER~ADMIN\CONTRACTxDISCLOS~.DOC
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01. prior to any action uPon matters which ~ill require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
ce~ain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election mtlst be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the prope~y that is the subject of the
applicalion or the contract, e.g., owner, applicant, contractor, subcontrador, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list tire names of all
individuals with a $1000 investment in the business (corporation/paanership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list tire names of
any person serving as director of tile non-profit organization or as trustee or beneficiary or trustor of the
trust.
4. Please identify every person, including any agents, employees, consultants, or independent
COlin'actors you have assigned to represent you before tile City in this manet.
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract ~ithin tile past 12 months? Yes No [,/
If Yes, briefly describe the nature oftl~e financial interest the official** may have in this contract.
6. Have y'ou made a co.m-ibution o[i more than $250 ~'~i~ the past twelve (12) months to a current
member of the Chula Vista City Cotmcil? Yes No If Yes, which Council member?
7. Have you or any member oFyour governing board (i.e. Corporate Board of Directors/Executives,
noa-profit Board of Directors made contributions totaling more than. $1,000 over the past four (4) years to a
current memberoFtheChulaVistaCityCouaciI? Yes No D/ IfYes. which Council member?
8. Have you provided more than $300 (or an item oFequivalent value) to an official** of the City of
Chula Vista in the past tx~elve (12) month~. (This inclndes being a source of income, money to retire a legal
debt. giFt. loan. etc.) Yes No ~'~ If Yes. which oflScial** and what was the nature of item
provided?
Date: q [ ~12.[~3 { 'g ature of Contractor/Applicant
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporntion, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination actiag as a unit.
** OFficial includes, bt~t is aot limited to: Mayor, Council member. Planniag Commissioner, Member
ora board, commissioa, or committee of the City, employee, or staff members.
~l:\l IOM,ixli~(iINt I R\A,)MIN\C()NTRAC'T'.DIN('I ()Sl:.,)O(~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING A
PURCHASING AGREEMENT FOR TREE TRIMMING
SERVICES FOR FISCAL YEAR 2000-2001 TO URBAN
TREE CARE IN THE AMOUNT OF $112,550.67
WHEREAS, on Apri 1 5, 2001, the Purchasing Agent
received four sealed bids for tree trimming services in the City
of Chula Vista for FY 2000-2001; and
WHEREAS, considering the low bidder for each item,
three different vendors submitted low bids; and
WHEREAS, staff has evaluated the bids and recommended
one vendor be awarded a purchase agreement requiring Council
approval; and
WHEREAS, the City' s Environmental Review Coordinator
has determined that this project is categorically exempt under
Class 1 Section 15301(h) "Maintenance of Existing Landscaping".
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept the four bids and
awards a Purchasing Agreement to Urban Tree Care in the amount of
$112,550.67.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized and directed to execute said Purchasing
Agreements for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt ~ ~,~. Kathy
Director of Public Works C/lty Atto~ey
J:~attorney\reso~tree trimming
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 5/15/01.
ITEM TITLE: Resolution Approving and adopting a new fee schedule for picnic
shelters and commercial vendors permits in City parks, to go into effect on
July 1,2001.
SUBMITTED BY: Director of Public Worka~
Director of Budget & Analysis
REVIEWED BY: City Manager ~r9¢/ (4/5th Vote Yes X No)
The Picnic Shelter Reservation Program was established in 1986 at Rohr Park and Eucalyptus Park.
The reservation fees have remained the same since the establishment of the program. New
reservation programs have now been implemented, due to increased demand, at additional parks
throughout the City. Therefore, a fee adjustment is now necessary to help offset the cost of hiring
additional staff required to expand the reservation program.
RECOMMENDATION: That Council approve and adopt a new fee schedule for picnic shelters
and commercial vendor permits in City parks, to go into effect on July 1, 2001.
BOARD/COMMISSION RECOMMENDATION: On May 3, 2001, the Parks & Recreation
Commission met to consider the proposed budgets for Parks and Open Space. At this meeting, the
Parks & Recreation Commission recommended that the park reservation fees be increased as
recommended, herein, in conjunction with the addition of a Lead Ranger.
DISCUSSION:
The Picnic Shelter Reservation program was established in 1986 at Rohr and Eucalyptus Parks to
control the number of group and family picnic users, reduce the conflicts among users, and make the
users responsible for cleanup after their use.
For example, before the picnic reservation system was implemented, Rohr Park attracted more
groups than the park could accommodate. Consequently, this uncontrolled situation led to conflicts
among groups, parking violations on adjoining residential streets, and litter being strewed
throughout the park from the weekend activities. As a result, it would take four staff members two
days to clean the park after each weekend.
Historically, the revenue from the picnic reservation system was intended to pay 50% of the clerical
staff to manage and operate the program. However, the picnic reservation system continues to
expand and is an important service that provides a safe and orderly park environment for users. The
Page 2, Item
Meeting Date 5/15/01
reservation program includes a rental fee and a cleaning deposit fee. The program guarantees a
certain picnic area for users who make reservations and it requires them to cleanup after their event
in order to get their cleaning deposit returned. Since the implementation of this program, park staff
is able to clean the parks of litter in less than four hours from weekend activities as opposed to two
days. This program has also reduced the need for Police Patrol needed to resolve picnic shelter
disputes that occurred weekly before the system was implemented. The fees generated by the
reservation program are used to help supplement the General Fund for staffing and supplies needed
to operate the program.
In 1996, the Depm'tment implemented commercial vendors' permits for air jumps, pony fides and
other small carnival type activities. Park users are required to rent from vendors who are registered
with the City, have a valid City business permit, and who carry $1,000,000 General Liability
Insurance naming the City as an additional insured. Vendor permits are issued on a limited basis for
most parks in order to prevent over saturation of these activities.
The Public Works Department is recommending a fee increase of 20% to help offset the cost of a
new Lead Park Ranger. The new position will enable the Park Ranger Section to: 1) expand the
reservation program to Marisol Park and two new parks scheduled to be turned over to the City in
July 2001; 2) provide additional supervision to park users (community youth sport organi?ation); and
3) enable staffto secure park gates and restrooms at park closing hours.
Provided in the following table are the proposed fee increases:
Existing Proposed
Picnic Reservation Fees Fees Fees
Small (50 people or less) $25 $30
Medium (between 51-99 people) $75 $90
Large (100 people or more) $100 $120
Commercial vendor permit $25 $30
There is a 100% surcharge for non-resident park users.
Groups that cancel a reservation are charged a $5 handling fee.
FISCAL IMPACT:
The fees from rentals and commercial vendors generated approximately $48,000 in calendar year
1999. It is estimated that by adding two new parks to the reservation program and increasing fees
will produce an additional $27,000 annually to thc General Fund to help offset the cost of hiring
additional staff required to expand the reservation program.
H:q~ublie Works Opemtions~A113 Picnic Shelter and Commercial game fees t.doc
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ADOPTING A NEW FEE
SCHEDULE FOR PICNIC SHELTERS AND COMMERCIAL
VENDORS PERMITS 1N CITY PARKS, TO GO INTO EFFECT
ON JULY 1, 2001
WHEREAS, the Picnic Shelter Reservation Program was established in 1986 at Rohr
Park and Eucalyptus Park and the reservation fees have remained the same since the
establishment of the program; and
WHEREAS, due to increased demand, new reservation programs have now been
implemented at additional parks throughout the City; and
WHEREAS, therefore, a fee adjustment is now necessary to offset the cost of hiring
additional staff required to expand the reservation program; and
WHEREAS, the Public Works Department is recommending a fee increase of 20% to
offset the cost of a new Lead Park Ranger which will enable the Park Ranger Section to: 1)
expand the reservation program to Marisol Park and two new parks scheduled to be turned over
to the City in July 2001; 2) provide additional supervision to park users (community youth sport
organization); and 3) enable staff to secure park gates and restrooms at park closing hours.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve and adopt a new fee schedule for picnic shelters and commercial
vendors permits in City parks, effective July 1, 2001, as follows:
Existing Proposed
Picnic Reservation Fees Fees Fees
Small (50 people or less) $25 $30
Median (between 51-99 people) $75 $90
Large (100 people or more) $100 $120
Commercial vendor permit $25 $30
There is a 100% surcharge for non-resident park users.
Groups that cancel a reservation are charged a $5 handling fee.
Presented by Approved as to form by
John P. Lippitt
flLo~ M. Kaheny
Director of Public Works yty Attorney
JSattomey\rcso\Picnic Shclter Fees
COUNCIL AGENDA STATEMENT
Item
Meeting Date 5/15/01
ITEM TITLE: Resolution Approving an Amendment to the Chula Vista
Portion of the 2000-2004 Regional Transportation Improvement Program
(RTIP) and Authorizing its Submittal to the San Diego Association of
Governments, SANDAG
SUBMITTED BY: Director of Public WorklOad ~
REVIEWED BY: City Manager r~ ~
~/ (4/5ths Vote: Yes No X )
On April 11, 2000, the Chula Vista City Council held a public hearing and approved Resolution
#2000-108 adopting the 2000-2004 Regional Transportation Improvement Program (RTIP). The
RTIP, a six-year program of proposed major highway, arterial, transit, and bikeway projects,
including the TransNet Program of Projects, was reduced to a four-year program as a result of Senate
Bi11-45. The 2000-2004 RTIP covers the same period as the last seven years of the 1998-2004 RTIP,
which was adopted by SANDAG Board on July 24, 1998.
This amendment to the 2000-2004 RTIP primarily concerns changes to the cost estimates and
schedules of projects in the biennial element of the RTIP (FY 2000-01 and 2001-02). The SANDAG
Board of Directors will consider amendments at its June meeting.
RECOMMENDATION: That Council approve a resolution amending portion of the 2000-2004
Regional Transportation Improvement Program and Authorize its submittal to the San Diego
Association of Governments, SANDAG.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The 2000-2004 San Diego Regional Transportation Improvement Program (RTIP) is a four-year
program of proposed major highway arterial, transit, bikeway and aviation projects. Development
and approval of the RTIP by SANDAG is a requirement for the continued receipt of State and
Federal Transportation project funding. The Proposition "A" Ordinance and Expenditure Plan,
requires that all proposed projects in this program be included in the RTIP. The Proposition "A"
Ordinance and Expenditure Plan also states that revenues generated by the sales tax measure will be
used solely for transportation improvement projects.
The Chula Vista 2000-2004 RTIP was adopted by the City Council on April 11, 2000 following a
public hearing. The adopted RTIP is consistent with the City's Capital Improvement Program. The
projects with their corresponding amounts and/or re-programmed funding are as follows:
Page 2,Item ~
Meeting Date 5/15/01
CURRENT PROPOSED FISCAL
PROJECT
AMOUNT AMOUNT YEAR
1. "H" Street Reconstruction, I-5 to
Broadway (STM334) $ 321,000 $ 321,000 2000-01
2. Olympic Parkway/I-805 Interchange $2,000,000 $2,000,000 2000-01
(STM328) $1,000,000 $ 0 2001-02
$2,000,000 $3,000,000 2002-03
3. Main Street Pavement Rehabilitation, $1,600,0000 $1,600,000 2000-01
Broadway to 1-805 (STM332) $ 0 $1,800,000 2001-02
4. Palomar Street Improvements,
$ 0 $ 718,000 2001-02
I-5 to Industrial Boulevard (ST922)
5. Pavement Rehabilitation Program
FY 00/01 (STL267) $ 774,000 $ 774,000 2000-01
FY 01/02 (STLNEW) $ 1,800,000 $ 1,800,000 2001-02
FY 02/03 (STLNEW) $ 1,800,000 $ 1,800,000 2002-03
FY 03/04 (STLNEW) $ 3,800,000 $ 3,800,000 2003-04
These projects will involve widening and reconstruction work, including but not limited to,
installation of asphalt concrete pavements, curbs, gutters, sidewalks, street lights, drainage facilities,
etc. Approval of this Resolution will constitute an amendment to the 2000-2004 RTIP. The
amendment consists of the following:
1) Re-program the amount of Project No. 2, Olympic Parkway/I-805 Interchange, as shown.
Construction is scheduled to begin in the summer of 2002.
2) Increase the programmed amount of Project No. 3, Main Street Rehabilitation, Broadway to
1-805. Since the inception of the project and the rapid deterioration of the street pavement, it
is now necessary to do a pavement re-construction on the majority of the street segments
instead of just a pavement overlay. Construction will be coordinated with the Salt Creek
Sewer Trunk Project that runs along the entire Main Street Rehabilitation project area.
As a result of the deterioration of the street pavement, an additional $1.8M will be required to
bring the pavement condition up to standard. Portions of the street will be done under the
Salt Creek Sewer Trunk project. The pavement rehabilitation project will either follow or
will be done in conjunction with the sewer trunk project. Both projects are anticipated to
start late summer of 2001.
3) Increase the programmed amount of Project No. 4, Palomar Street Improvements, I-5 to
Industrial Boulevard. An additional $718,000 funding for the project will be needed as the
result of required work items that were not identified in the original work scope. The
additional work includes the construction of three soundwalls and the needed landscaping and
irrigation, additional right-of-way and easement costs, and the increase in the areas to be
overlaid and areas to receive a new street section. Also, the unit costs for the various items
to be constructed have changed since the original cost estimate of the project was prepared.
Page 3,Item ~
Meeting Date 5/15/01
The total funding for each of the four-year periods are as follows:
CURRENT ADDITIONAL PROPOSED
FISCAL YEAR
AMOUNT AMOUNT AMOUNT
2000-01 $ 4,695,000 -- $ 4,695,000
$1,518,000
2001-02 $ 2,800,000 ($1,000,000 moved to $ 4,318,000
FY 02-03)
2002-03 $ 3,800,000 $1,000,000 $ 4,800,000
2003-04 $ 3,800,000 -- $ 3,800,000
TOTAL $15,095,000 $2,518,000 $17,613,000
The amended list of projects to be proposed for inclusion in the upcoming RTIP amendment, along
with the corresponding estimated costs, are presented in the attached Table 1. The
revenue/expenditure estimates are shown on the attached Table 2.
The proposed RTIP is consistent with the City's CIP program and includes one project utilizing
Federal Highway Bridge Repair/Replacement (HBRR) fund. The Highway Bridge
Repair/Replacement Project and its corresponding amount are programmed as follows:
PROJECT AMOUNT FUNDING FISCAL
SOURCE YEAR
Willow Street Bridge $360,000 HBRR 2000-01
Replacement/Widening, $1,596,000 2001-02
between Bonita Road $6,795,000 2002-03
and Sweetwater Road
TOTAL $8,751,000
FISCAL IMPACT: Staff is proposing amendments to the 2000-2004 Regional Transportation
Improvement Program. An additional $1,518,000 TransNet funding will be needed to complete the
proposed FY01/02 CIP projects. Total TransNet funding for FY01/02 now stands at $4,318,000.
The City's share of TransNet revenues, as estimated by SANDAG, for FY01/02 is $3,532,000.
Therefore, an additional $786,000 must be transferred from the City's unallocated Transnet funds in
FY 2001/02 to complete the proposed CIP projects. Funds for the FY 2000-2004 RTIP projects must
be allocated by future Council action in conjunction with the CIP.
File #0390-45-KY 174
Attachments (Tables 1 and 2)
It :\HOME\ENGINEER\AGENDA\01A-RTIP AMEND. DOC
-- ~Z
~ ~ °°°o
~ -z
Om
0~0 ooooo
> ~= z
~ 0 ooooo ~ z
~ Z~ o~ ~Z
×
RESOLUTION NO.2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
CHULA VISTA PORTION OF THE 2000-2004 REGIONAL
TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND
AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO
ASSOCIATION OF GOVERAIMENTS, SANDAG
WHEREAS, on April 11, 2000, the Chula Vista City
Council held a public hearing and approved Resolution No. 2000-108
adopting the 2000-2004 Regional Transportation Improvements
Program (RTIP); and
WHEREAS, the RTIP, a six-year program of proposed major
highway, arterial, transit, and bikeway projects including the
TransNet Program of Projects, was reduced to a four-year program
as a result of Senate Bill 45; and
WHEREAS, this amendment to the 2000-04 RTIP primarily
concerns changes to the cost estimates and schedules of projects
in the biennial element of the RTIP (FY 2000-01 AND 2001-02); and
WHEREAS, the SANDAG Board of Directors will consider
amendments at its June meeting.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an amendment to the Chula
Vista portion of the 2000-2004 Regional Transportation Improvement
Program and authorizes its submittal to the San Diego Association
of Governments.
Presented by Approved as to form by
John P. Lippitt J~M. Kaheny //~
Director of Public Works Wy Attorney ~
J~Attozney\reso\rtip
COUNCIL AGENDA STATEMENT
Item ~7
Meeting Date 5/15/2001
ITEM TITLE: Resolution Awarding a Purchase Agreement in the amount of
$236,183.81 for two 5-cubic yard dump trucks and one street patch track
to Dion International Trucks through two cooperative bid agreements with
the City of San Diego.
SUBMITTED BY: Director of Public Works Deputy City Manager
City Manager _~,~O;q-/~ (4/5ths Vote: Yes No X )
REVIEWED
BY:
City Council approved, on February 27, 2001, the staffing studies that authorized the addition of
l 1 positions and equipment for the Public Works Operations Division. The equipment approved
included heavy trucks needed for the new crews. The Chula Vista Municipal Code Section
2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in
cooperative bids with other government agencies for the purchase of materials of common
usage. The City, therefore, is participating in two current City of San Diego bids from Dion
International Trucks for. two 5-cubic yard dump trucks and a street patch truck.
RECOMMENDATION: That the City Council approve the Resolution awarding the
Purchase Agreement in the amount of $236,183.81 for two 5-eltb~3,ard damp trucks and one
street patch truck to Dion International Trucks through two eooperatia~bid agreements with the
City of San Diego.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
In the past, the City of Chula Vista has entered into purchasing agreements with the City of San
Diego for various pieces of equipment. This Council action will add two dump trucks and one
street patch track to the fleet due to increased serviced demands attributed to new growth within
the City of Chula Vista.
FISCAL IMPACT:
Sufficient funds of $236,183.81 have been provided for in the Public Facilities Development
Impact Fee Fund.
G:~r3ob~equipment~A 113 New Growth 1 .doe
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A PURCHASE AGREEMENT IN
THE AMOUNT OF $236,183.81 FOR TWO 5-CUBIC
YARD DUMP TRUCKS AND ONE STREET PATCH TRUCK
TO DION INTERNATIONAL TRUCKS THROUGH TWO
COOPER3kTIVE BID AGREEMENTS WITH THE CITY OF
SAN DIEGO
WHEREAS, on February 27, 2001, the City Council
approved the staffing studies that authorized the addition of 11
positions and heavy equipment needed for the new crews for Public
Works Operations Division; and
WHEREAS, Chula Vista Municipal Code Section 2.56. 140
and Council Resolution No. 6132 authorize the Purchasing Agent to
participate in cooperative bids with other government agencies for
the purchase of materials of common usage; and
WHEREAS, the City, therefore, is participating in two
current City of San Diego bids from Dion International Trucks for
two 5-cubic yard dump trucks and a street patch truck.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby award a Purchase Agreement in the
amount of $236,183.81 for two 5-cubic yard dump trucks and one
street patch truck to Dion International Trucks through two
cooperative bid agreements with the City of San Diego.
Presented by Approved ~as to form by
John P. Lippitt /J_.o.h~... Ka~ny ~ ~ %r,
J:~attorney~reso~dump truck bid
COUNCIL AGENDA STATEMENT
Page 1, Item r~
Meeting Date: 5/15/01
ITEM TITLE: Resolution Approving a Final "B" Map for Chula Vista Tract No.
96-04, Otay Ranch SPA One, Village 5, Neighborhood R-27; accepting on
behalf of the City of Chula Vista the assignable and irrevocable general utility
and access easement and the wall easement granted on said map; approving a
"B" Map Subdivision Improvement Agreement; and authorizing the Mayor to
execute said agreement.
Resolution Approving the Supplemental Subdivision Improvement
Agreement for Village 5 Neighborhood R-27 of Chula Vista Tract No. 96-04,
Otay Ranch SPA One, and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public Work~/ ~
REVIEWED BY: City Manager ~ i~;* (4/5ths Vote: Yes No X )
Tonight, Council will consider the approval of the Final "B" Map for Neighborhood R-27 of Otay
Ranch Village 5 (CVT 96-04) and associated agreements. D. R. Horton San Diego Holding Company,
Inc. is the current owner and developer of this property. On April 20, 1999, Council approved the
"Agreement for Financing and Construction of Olympic Parkway and Related Roadway Improvements".
The approval of the subject Final Map complies with the development thresholds established by the
Olympic Parkway Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the following:
1) Resolution approving a Final "B" Map for Village 5 Neighborhood R-27 of the Otay Ranch
Project and associated Subdivision Improvement Agreement, and
2) Resolution approving the Supplemental Subdivision Improvement Agreement Village 5
Neighborhood R-27 of the Otay Ranch Project.
DISCUSSION:
On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay Ranch,
Village 1 and a portion of Village 5 (CVT 96-04). On January 23, 2001, by Resolution Nos. 2001-018,
Council approved the Otay Ranch Village Five "A" Map No. 3 (Map No. 14147). The Final "A" Map
created the "superblock" lot corresponding to Neighborhood R-27. Tonight, Council will consider
approving the Final "B" Map and associated agreements for this map.
Final Maps and Subdivision Improvement Agreements
The land to be subdivided by the subject Final "B" Map is generally located south of Otay Lakes Road
across from the Telegraph Canyon Estates subdivision and west of Phase 1 of Village 5. The Final "B"
Map consists of the following:
Page 2, Item
Meeting Date: 5/15/01
The private open space lots and the private streets will all be maintained by a Homeowner's Association.
A plat and location map of the subdivision is attached herewith as Attachment 1.
Staff has determined that the proposed map and associated agreements comply with all conditions of
approval of the Tentative Map and recommends approval by Council. Approval of the subject map
constitutes acceptance by the City of all assignable and irrevocable general access and utility easements
and wall easements granted on the map. The fees and/or cash deposits which are specific to the Final
"B" Map have been collected in satisfaction of the various Tentative Map conditions of approval and
Code requirements.
The Developer has also executed a Subdivision Improvement Agreement (SIA) for the map and has
provided bonds to guarantee construction of the required onsite public improvements and to guarantee
the subdivision monumentation. The SIA is on file in the office of the City Clerk. The construction and
bonding of all off-site street improvements serving the subject map has been addressed in the Olympic
Parkway Agreement.
Supplemental Subdivision Improvement Agreement
The Developer has also executed a Supplemental Subdivision Improvement Agreement (SSIA),
encompassing the proposed map, to satisfy Conditions 1,2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 18, 27, 31, 36,
50, 52, 65, 83, 84(e), 90, 103, 104, 108, 120, 128, 130, 131, 132, 133, 136, 137, 138, 140 and 152 of
Resolution No. 18398. All the conditions are addressed using typical language used in previous
agreements. Staffhas reviewed the SSIA and determined that it satisfies all the applicable tentative map
conditions for final map approval and recommends Council approval.
Environmental Review
The City's Enviromnental Review Coordinator has reviewed the Final Map and has determined that it is in
substantial conformance with the Otay Ranch General Development Plan (GDP) Program EIR 90-01, SPA
One EIR 95-01, subsequent amended SPA One Plan EIR 97-03 and other related environmental documents
and that the Final Map will not result in any new environmental effects that were not previously identified,
nor would the Final "B" Map result in a substantial increase in severity in any impacts previously
identified.
The City Attorney has reviewed the proposed agreements and has approved them as to form. The
Developer's disclosure statement is attached as Attachment 2.
FISCAL IMPACT: None. The Developer has paid all costs associated with the Final "B" Map and
agreements.
Attachments:
Attachment 1: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Neighborhood R-27
Attachment 2: Developer's Disclosure Statement
H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\A113V5 R27-tme.doc File No. 0600-80-OR182F
02/27/01 TUE 15:10 FAX 619 691 8171 CI{ULA VISTA ENGINEERING ~002
T Z
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disctosme of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election muss be filed. The following information must be disclosed:
List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g.. owner, applicant, eonl~actor, subcontractor, material supplier.
2. If any person* identified pursumat to (1) above is a corporation or parmership, list the names of all
individuals with a $1000 investment in the business (corporation/parmership) enti~.
3. If a~y person* identified pursuant to (1) above is a non-profit organization or mint, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Please identify every person, including any agents, cmployees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
_ 02/27/01 TUE 15:11 FAX 619 691 5171 CHULA VISTA ENGINEERING ~003
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within ~%past twelve (12) months to a current
member of the Chula Vista City Council? Yes No,~ If Yes, which Council member?
Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes No_~__If Yes, which
Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of
Chula Vista in thc past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc_) Yes. No X If Yes, which official** and what was the
13ature of item provided?
' ' Signature~[f d;ht~ctor/Applicant
/
Print or type name of Contractor/Applicant
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, mast, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or a~y other group or combination acting as a unit-
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member
of a board, commission, or committee of the City, employee, or staff members.
H :\HOMEkENGINEERkhI)MiN~CONTRACT\D ISCLOSE.DOC
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FINAL "B" MAP FOR
CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA
ONE, VILLAGE 5, NEIGHBORHOOD R-27; ACCEPTING
ON BEHALF OF THE CITY OF CHULA VISTA THE
ASSIGNABLE AND IRREVOCABLE GENEP~AL UTILITY AND
ACCESS EASEMENT, AND THE WALL EASEMENT GRANTED
ON SAID MAP; kPPROVING A "B" MAP SUBDIVISION
IMPROVEMENT AGREEMENT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that certain map survey
entitled Chula Vista TRACT No. 96-04 OTAY RANCH SPA ONE, VILLAGE 5,
NEIGHBORHOOD R-27, and more particularly described as follows:
Being a subdivision of Lot 7 of Chula Vista
Tract 96-04 of Otay Ranch Village 5 "A" Map
No. 3, as shown on Map No. 14147, in the City
of Chula Vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 20,
2001.
Area: 10.440 Acres No. of Lots: 75
Numbered Lots: 69 Lettered Lots: 6
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
Utility and Access Easement and wall easement, all as shown on said
map within this subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista is hereby authorized and directed to endorse upon said
map the action of said Council; that said Council has approved said
subdivision map; and the wall easement and Assignable and
Irrevocable General Utility and Access Easement, as granted thereon
and shown on said map within said subdivision, are accepted on
behalf of the City of Chula Vista as herein above stated.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the __ day of __, 2001, for the
completion of improvements in said subdivision, a copy of which is
on file in the office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be and is hereby authorized to execute said agreement
for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
J ~ ~At t orney\RESO\Ot ayRanchVlg5. R- 2 7
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 2001, by and between TKE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and D.R. HORTON
SAN DIEGO HOLDING COMPANY, INC., 1010 South Coast Hwy 101, Suite
101, Encinitas, CA 92024, hereinafter called "Subdivider" with
reference to the facts set forth below, which Recitals constitute
a part of this Agreement
RECITALS:
WHEREAS, Subdivider is about to present to the city Council of
the City of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Otay
Ranch Village 5, Neighborhood R 27, pursuant to the provisions of
the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista
Municipal Code relating to the filing, approval and recordation of
subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to iusure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council; and
1
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the city; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of THREE HUNDRED EIGHTY-THREE THOUSAi~D SEVEN HUNDRED DOLLARS i~JgD NO
CENTS ($383,700.00) which security shall guarantee the faithful
performance of this contract by subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. subdivider further agrees to furnish and deliver to the
city of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of THREE HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND NO
CENTS ($383,700.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TEN THOUSAND DOLLARS AND NO CENTS ($10,000.00) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
3
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved %m~rovement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by city of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the city of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided ~or in Section 66499.37 of the Government Code of the
State of California.
15. Assignability. Upon request of the Subdivider, any or
all on-site duties and obligations set forth herein may be assigned
tO Subdivider's successor in interest if the City Manager in
his/her sole discretion determines that such an assignment will not
adversely affect the City's interest. The City Manager in his/her
sole discretion may, if such assignment is requested, permit a
substitution of securities by the successor in interest in place
and stead of the original secu=ities described herein so long as
such substituted securities meet the criteria for security as set
forth elsewhere in this Agreement. Such assig .... it will be in a
form approved by the City Attorney.
(NEXT PAGE IS SIGNATURE PAGE)
5
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $383,700
Exhibit "B" Improvement Security - Material and Labor~
Form: Bond
Amount: $383,700
Exhibit "C" Improvement Security - Monuments:
Form: Bond
Amount: $10,000
Securities approved as to form and amount by
CSty~orney
Improvement Completion Date: Two (2) years ~rom date of City
Council approval of the Subdivision
Improvement Agreement
7
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected, qualified and acting Assistant Secretary of D.R. Herren San
Diego Holding CoEnpany, Inc., a California corporation (the "Company"), is familiar with the facts
herein certified and is duly authorized to certify the same.
2. The following is a tree, correct and complete copy of resolutions related to the subject
matter aa adopted by the Consent of Sole Director of the Company dated October 16, 2000 {the
"Resolutions"). The Resolutions have not been amended, rescinded or modified and remain in full
force and effect as of the date hereof.
Authority of Vice President and Division President
~q'I~I?.REAS, effective May 27, 1999, Jetta D. Kerr, Jr.,was elected to the
office of Vice President of the Company and Division President (the "Division
President") of the Company's San Dicgo Division (the ''Division"), to serve until the
next annual meeting of the directors of the Company and until his successor is duly
elected and qualified or until his earlier death, resignation or removal;
NOW, 'I:I:t~REFORE, BE IT RESOLVED, that thc Division President is
hereby ~uthofized and empowered, in the name and on behalf of thc Company in the
Division, (i) subject to written corporate approval by uny eno of the following
officers of the Company: a) Chairman oftheBoard, b) Vice Chairman, President and
ChicfExeculivc Officer, c) Executive Vice President, Treasurer and ChiefF/mmcial
Officer, or (d) the Region President of the Division (the "Approving Officers''), to
execute and deliver contracts, agreements and other docum~lts and instrunlollts for
the purchase of real property, and any improvements or appurtenances constructed
thereon or at,fiXed thereto, or any interest theroin, including without limitaliou any
fight-of-way, easenaent, leasehold or other tangible or intan~ble property, fight or
int.,~, a, and any personal property relating or incident thereIo, (ii) subject to the
wrttten corporate approval of any one of the Approving Officers, to execute and
deliver contracts, agreements, deeds, conveyances or other obligations of the
Company, closing statements and'other documents and ins~tments for the sale of
improved or unimprovedXeal property, or any interest or fight therein, owned, leased
or otherwise controlled by the Company, and (iii) to execute and deliver office and
model home leases and such other agreements, instmmenfs or documents as the
Approving Officer8 shall direct;
RESOLVED FURTHER, that i~ connection with the management of the
Company's business, the Division President is hereby authorized and empowered,
in the name and on behalf of the Company in the Division, to execute and deliver
(i) contracts, agreements and other documents and instnunents for the subdivision,
development and/or improvement of real property, (ii) home sales contracts, sales
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CMULA VISTA APPROVING THE SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE
5, NEIGHBORHOOD R 27 OF CHULA VISTA TRACT NO.
96-04, OTAY RANCH SPA ONE, AND AUTHORIZING THE
M3%YOR TO EXECUTE SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agreement to satisfy remaining conditions
of City Council Resolution No. 18398.
NOW, THEREFORE, BE IT RESOLVED the City Council o~ the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for village 5, Neighborhood R-27
of Chula vista Tract No. 96-04, Otay Ranch SPA One, a copy of which
shall be kept on file in the o£fice of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to execute said Agreement on
behal~ of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works City Attorney
herein ("Properly"). The Property is part of a project commonly known as Village 5 of the Otay
Ranch Project. For purposes of this Agrcemcnt thc term "Project" shall also mean "Property".
B. Developer has requested a final map for Ncighborhood R-27 and is described on
Attachment "A" and shown on Attachment "A-I" hereto. City is willing, on the premises, security,
terms and conditions herein contained to approve the final maps for which Developer has applied as
being in substantial conformance with the Tentative Subdivision Map described in this Agreeraent~
Developer understands that subsequent final maps may be subject to the same or other security,
terms and conditions contained herein.
C, Developer and/or Developer's predecessor in interest has applied for and the City has
approved a Tentative Subdivision Map commonly retorted to as ('hula Vista Tract 96-04 ("Tentative
Subdivision Map") for thc subdivision of the Properly.
D. The City has adopted Rcsolution Nos. 18398 and 18613 ("Resolutions") pursuant to
which it has approved the Tentative Subdivision Map subject to certain conditions as more
particularly dcscribed in the Resolutions.
E. On April 20, 1999, the City Council, pursuant to Resolution No. 19410 approved an
agreement between the City, Developer and a third party entitled "Agreement for Financing and
Construction of Olympic Parkway and Related Parkway Improvements ("Olympic Parkway
Agreement").
F. On January 23,2001, the City Council, pursuant to Resolution 2001-019, approved
the Village 5 "A" Map No. 3 of the Otay Rancl~ Project Supplemental Subdivision Improvement
Agreement ("SSIA No. 3"), of which this Final Map is a subsequent subdivision of.
G. Thc following defined terms shall have the meaning set tbrth herein, unless otherwise
specifically indicated:
a. For purposes of this Agreement, "Final Map" means the final map fbr R-27 of
the Otay Raoch Village 5 SPA One.
b. "Commencing Construction" means when a construction permit or other such
approval has been obtained from the City or a construction contract has been awarded lbr the
improvement, whichever occurs first.
c. "Complete Construction~' means when construction on said improvement has
been completed and the City accepts thc improvement.
d. "Guest Builder" means those eotities obtaining any interest in the Property or
a portion of the Property, after the Final Map has been recorded.
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for thc purposes of protecting the interest of the community and other parties public or
private, in whose favor and £or whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest BuilderAssignments. If Developer assigns any portion of
the Project to a Guest Builder, Developer may request to be released from Developer's obligations
under this Agreement, that are expressly assumed by the Guest Builder. Developer must obtain the
written consent of the City to such release. Such assignment to thc Guest Builder shall, however, be
subject to this Agreement and the Burden of this Agreement shall remain a covenant running with
the land. The City shall not withhold its consent to any such request for a release so long as the
assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations
of thc Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability tn
perfbrm its obligations under this Agreement as it relates to the portion of the Project which is being
acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burdeu of this Agreement, upon request by the Developer or its assignee, the
City shall release the assignee ut'the Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement to the satisfaction of the City and such
partial release will not, in the opinion of the City,jeopardize the likelihood that the remainder of the
Burden will not be completed.
e. Release of individual Lots. Upon thc occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
tmyer of an individual housing unit;
ii. I-he conveyance of a lot to a Homeowner's Association;
The City shall not withhold its consent to such release so long as the City finds in good thith that
such release will noljeopardize the City's assurance that the obligations set forth in lhis Agreement
will be performed. At the request of thc Developer, the City Manager (or Manager'~ designee) shall
execute an instrument drafted by Developer in a recordablc form acceptable to thc City Manager (or
Manager's designee) which confirms the release of such lot or parcel From the encumbrancc of this
Agreement. Notwithstanding the foregoing, at thc close of an individual homeowner's escrow or
9. Condition No, 9 - (CEQA). In partial satisfaction of Condition No. 9 of Resolution
Nos. 18398 and 18613, the Developer agrees to implement all applicable mitigation measures
identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file
in the City Clerk's Office as Document No. C096-056 and Resolution No. 18286) and thc Mitigation
Monitoring and Reporting Program (on filc in the City Clerk's Office as Document No. C096-057
and Resolution Nos. 18284 and 18285).
I0. Condition No. 10 -(Conveyance). In satisfaction of Condition No. 10 of Resolution
Nos. 18398 and 18613, prior to approval of the Final Map, the Developer agrees to comply with all
applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by City
Council, Resolution No. 18416, on June 4, 1996 and as may be amended from time to time by the
City. Prior to approval of the Final Map, Developer agrees to convey open space land in accordance
with the Phase 2 RMP approved by Resolution No. 18416, for all applicable streets, alleys,
residential lots, open spacc lots, paseos, parks and slopc arcas as shown on the Final Map.
11. Condition No, 14 - (Signage). In satisfaction of Condition No. 14 of Resolution Nos.
18398 and 18613 Developer agrees that any proposed monumentatlon/signage shall be consistent
with the Village Design Plan and shall be reviewed mid approved by the Director of Planning prior to
approval of the Final Map.
12. Condition No. 15 - {Landscaping). In satisfaction of Condition No. 15 of Resolution
Nos. 18398 and 18613, Developer agrees that in addition to the requirements outlined in the City of
Chula Viola Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be
landscaped and irrigated to soften their appearance as follows: One 5-gallon or larger size tree per
each 150 square feet of slope area, one 1 -gallon or larger size shrub per each 100 squarc feet of slope
area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften
and vary thc slope plane. Landscapc and irrigation plans for privatc slopes shall be reviewed and
approved by thc Director of l>arks and Recreation prior to approval of the Final Map.
13. Condition No. 16 -(Wall Plan). In satisfaction of Condition No. 16 of Resolution Nos.
18398 mid 18613, Developer agrees that a comprehensive wall plan indicating color, materials,
height and location shall be reviewed and approved by the Director of Planning prior to approval of
the Final Map. Materials and colors used shall be compatible and all walls located in comer side-
yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a
decorative masonry and/or wrought iron material.
14. Condition No. I?-(View Fencing). lo satisfaction of Condition No. 17 of Resolution
N os. 18398 and 18613, Developcr agrees that lots backing or siding onto pedestrian paseos or parks
shall be provided with view t~ncing, such as three feet of wrought iron on top of a three foot
masonry wall, subject to approval by the Fire Marshal and thc Director of Planning.
15. Condition No. 18 {GDP). In satisfaction of Condition No. 18 of Resolution Nos.
21.Condition No. 65 - (Landscape Plans). In satisfaction of Condition No. 65 of
Resolution Nos. 18398 and 18613, Developer shall prepare and obtain approval by the City
Engineer, Director o f Plarming and Director o f Parks and Recreation of an erosion and sedimentation
control plan and landscape/irrigation plans as part of thc grading plans.
22. Condition No. 83 - (Parks). in satisfaction of Condition No. 83 of Resolution Nos.
18398 and 18613. Developer agrees that:
a. Prior to the approval of thc Final Map, the Developer shall pay PAD fees for the
Community Park based upon a lbrmula of I acre per 1,000 residents, until such time as a mm-key
facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is subject
to the reimbursement mechanism set tbrth below.
b. '['he lirst Otay Ranch Community Park, to satisfy' SPA One demand, shall be located in
Village 2 as identified in the GDP.
c. I'he Applicant shall identify the relocation, if any, of the Village 20tay Ranch
Community Park prior to issuance of the building permit for the 1,150th dwelling unit of the SPA
One Plan. Said relocation may require an amendment to the Olay Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1 acre/l,000 residents) shall be
satisfied through the payment of PAD ti:es, the Applicant shall commence construction of thc first
phase of thc Conununity Park prior to issuance of the building pertnit fbr the 2,650th dwelling unit
of' the SPA One Plan. The first phase of construction shall include, but not be limited to,
improvements such as a graded site with utilities provided to lhe property line and an all weather
access road acceptable to the Fire Departmeot.
e. The Applicant shall commence construction of thc second phase of thc Community Park
prior to issuance of the building permit for the 3,000th dwelling unit of the SPA One Plan. Second
phase improvements shall include recreational amenities as identified in the Park Master Plan.
f. The Community Park shall be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit of
the SPA One Plan.
g. If thc Director of Parks and Recreation determines that it is not feasible for the Applicant
to commence construction of the first phase improvements of the community park prior to issuance
of the building permit lbr the 2,650th unit of the SPA One Plan, then the Director of Parks and
Recreation shall have the option to utilize the PAD fees for said improvements, or to construct
another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as
set forth in the GDP.
¢. Defend, indemnify, and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to attack,
set aside, void or annul any approval by the City, including approval by its Planning Commission,
City Council or any approval by its agents, officers, or employees with regard to this subdivision
provided the City promptly notifies the Subdivider of any claim, action or proceeding and on thc
further condition that the City fully cooperates in the defense.
cl. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to each lot on
public streets within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other rules, regulations, ordinances and
procedures regnlating and affecting the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
f. That the Cily may withhold the issuance of building permits for the Project, should
the Dcveloper be determined by the City to be in breach of any the terms of the Tentative Map
conditions or any supplemental agrecment~ The City shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure such breach.
26. Condition No. 104- (Congestion Management Program). In satisfaction of Condition
No. 104 of Resolution Nos. 18398 and 18613, the Developer agrccs to participate, on a fair share
basis, in any deficiency plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP) and agrees to not protest formation of any future regional
impact fee program or thcilities benefit district to finance the construction of regional facilities
described in thc Otay Ranch ODP and Otay Ranch SPA One PFFP. Ihis agreement to not protest
the inclusion of these public improvements shall not bc deemed a waiver of the right to challenge the
amount of any fee which may be imposed due to these new improvements and shall not interfere
with the right of any person to vote in a secret ballot election.
27. Condition No. 108- (Insurance). In satisfactionofCoudition No. 108 of Resolution
Nos. 18398 and 18613, Developer agrees to ensure that all insurance companies are given equal
opportunity to provide a Cooperative Homeowner's Insurance Program.
28. Condition Nos. ! 19/120 - (Growth Management Ordinance). In satislrhction of
Condition No. 119 of Resolution No. 18613 and Condition No. 120 of Resolution No. 18398, the
Developer agrees, upon the request of thc City, to the following:
&. Fund the preparation of an annual report monitoring the development of Olay Ranch
accordance with the City Code and Council Policy, including:
a. The Transportation and Public Facilities Development impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer colmection fees.
d. Interim SR 125 impact fee.
e. Telegraph Canyon Sewer Basin DIF.
f. Poggi Canyon Sewer Basin DIF.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
i. Otay Ranch Reserve Fund tee.
j. Pedestrian Bridges DIF.
32. Condition No. 131/132 - (Code Requirements). [n satisfaction of Condition No. 131 of
ResolutionNo. 18613 and ConditionNo. 132 ofResolutionNo. 18398, Developer agrees to comply
with all relevant Federal, State, and I,ocal regulations, including the Clean Water Act. Thc
Developer shall be responsible for providing all required testing and documentation to demonstrate
said compliance as rcquir~d by the City Engineer.
33. Condition No. 132/133 - (Disclosure of Special Taxes). In satisPaction of Condition
No. 132 of Resolution No. 18613 and Condition N o. 133 of Resolution No. 18398, Developer agrees
to ensure that prospective purchasers sign a"Notice of Special Taxes and Assessments" pursuant to
Municipal Code Section 5.46.020 regaxding projected taxes aud assessments. Developer shall
submit disclosure forms lbr approval by the City Engineer prior to subscqncnt "B" Map approvals.
34. Condition No. 135/136-(Landscape Manual). In satisfaction of Condition No. 135 of
Resolution No. 18613 and Condition No. 136 of Resolution No. 18398, Developer agrees to comply
with all aspects of the City of Chula Vista Landscape Manual.
35. Condition No. 136/I 37 - ((?ode Requirements). In satislXaction of Condition No. 136 of
Resolution No. 18613 and Condition No. 137 of Resolution No. 18398, Developer agrees to comply
with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended
from time to time by thc City. Said chapter includes but is not limited to: threshold standards
approval of other final maps in SPA ()ne, as may bc appropriate.
41. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfiflfilled conditions of approval of the Tentative Subdivision Map,
established by Resolution Nos. 18398 and 18613 and shall remain in compliance with and
implement the terms, conditions and provisions therein,
42. Recording. l'his Agreement, or an abstract hereof shall be recorded simultaneously with
the recordation of the Final Map.
43. Building Permits. Developer and Guest Builders understand and agree that the City nray
withhold thc issuance of building permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of this Agreement. The City shall provide the Developer o[
notice of such dctcrmination and allow thc Developer with reasonable time to cure said breach.
44. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either party shall
be in writing and shall be deemed duly served, delivered, and received when personally delivered to
the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class
postage prepaid, addressed to the address indicated in this Agreement,
CITY OF CHUI,A VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director o£Public Works
Developer:
Otay Project, L.P.
350 W. Ash St., Suite 730
San Diego, CA 92101
Attn: Chuck Cater
Fax (619) 234-4088
D.R. 1 lorton San Diego Holding Company, Inc.
I010 S.Coast Hwy. t01, Suite 101
Encinitas, CA 92024
Attn: John Dannan
Fax: (760) 634-6770
[PAGE ONE OF TWO SIGNATURE PAGES TO THE VILLAGE 5 NEIG}IBOR.HOOD R-27 OF
THE OTAY RANCH PROJECT SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT]
CiTY OF CHULA VISTA DEVELOPER.:
OTAY PROIECT, L.P., a California
limited partnership
Mayor
By: Otay Project, LLC,
a California limited liability company
By: Otay Ranch Development, LLC, a Delaware
limited liability, Authorizcd Member
Attest: By: ~'~
Its: ~'t¢¢ ~-~'~
Susan Bigelow
City Clerk
Approved as to Fot~:
City Attorney
STATE OF CALEFORNIA )
) ss
COUNTY OF '~]-e.~ )
~,--~.~c g . ~,~v \~,ua..a~t.._~ personally known to me (m
Fro;':d t~e on ~I,~ b~--;~ ur ~f;.r...a,~fe-~o be the person whose aame(s~is stlbscribed
to the within instrument and acknowledged to me that hc/sht~he~ executed the ~ame in his/her4their
authorized capacity, and that by his/laer/th6r signamr.~a) on the instrument the persoa(s), or the
entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
LIST OF ATTACHMENTS
Attachment "A" Legal description of Property.
Attachment "A-I" Plat of Property
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE
5, NEIGHBORHOOD R-27 OF CHULA VISTA TRACT NO.
96-04, OTAY RAECH SPA ONE, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agreement to satisfy remaining conditions
of City Council Resolution No. 18398.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Village 5, Neighborhood R-27
of Chula Vista Tract No. 96-04, Otay Ranch SPA One, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to execute said Agreement on
behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt Joh~/~.~aheny
Director of Public Works City Attorney
[H:\HOMEgATTORNEY\RESO\ssia OR R-27 (April 12, 2001 (8:30AM)]
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE: May 15, 2001
ITEM TITLE: Resolution Approving reclassifications, salary
adjustments and/or changes in benefit group for ten classified
positions.
SUBMITTED BY: Director of Human Resources~!.!~.~!
REVIEWED BY: City I~a-nager (4/5th Vote: Yes X__No_)
The addition of higher-level duties and changes in level of authority and responsibility
necessitates reclassification and/or change in benefit group for ten classified positions in
six departments.
RECOMMENDATION: That the City Council adopt the resolution approving the
reclassifications and salary/benefit adjustments, to be effective May 18, 2001.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Position: Avian Specialist (From CVEA to Middle-Management)
Department: Nature Center
Recommendation: Increase salary band 10% and move position from the Chula Vista
Employee Association (CVEA) to the Middle Management bargaining group.
Fiscal Impact: Salary range will increase to an annual E-Step of $44,040. Current year
fiscal impact is $890.
Discussion: Since this position was added to the Nature Center (NC) budget, its duties
have been expanded in order to make more effective use of staff, and to provide
appropriate management oversight at the Nature Center at all times. The Avian Specialist
position has a wide range of duties, from hand-rearing chicks to the daily care of sick or
injured birds, to acting as the Center's manager in the absence of the Executive Director
and the Volunteer Coordinator.
While the professional bird handling duties associated with the position are indeed
essential, it is the management responsibilities that are of concern with this reclassification.
Although closed to the public on Mondays, the Chula Vista Nature Center is effectively
open seven days a week, as it is staffed and used by schools for student education on
Mondays only. The hours of operation require that management be on site or available at
all times. With only two management employees, (the Executive Director and Volunteer
?'.. /
Item ~*
Meeting Date May 15, 2001
Coordinator) this has proved to be inadequate coverage, since lower level employees are
not trained nor compensated to deal with issues of security, safety, and liability. Having an
isolated facility with no management staff is especially problematic in terms of supervision.
Moving the Avian Specialist to Middle Management from CVEA reflects the managerial
responsibilities required of this position and empowers them to provide the necessary
additional management coverage, while continuing to allow the incumbent to focus on the
professional, technical, and scientific demands of the job. It will enhance the efforts of the
Executive Director to provide a service to the public while protecting the City. This
recommendation has been discussed with CVEA and has their support.
Position: Development Services Technician (CVEA)
Department: Planning/Building
Recommendation: Reclassify the position to Senior Development Services Technician
(CVEA).
Fiscal Impact: Salary range will increase from $ 41,744 to an annual E-Step of $45,920.
Current year fiscal impact is $889.
Discussion: The reclassification of one Development Services Technician (DST), in the
Building Division is recommended to support the day-to-day demand for lead technical
support for front counter operations. The DSTs assigned to the front counter have as their
primary responsibility public service. This particular position will have responsibility for
processing the more highly technical permit applications, providing guidance for the other
DSTs, handling customer complaints, and performing quality control audits. In the absence
of the Permits Processing Coordinator, the Sr. DST will function as the acting supervisor
and would have responsibility for generating Division reports that track permit activity. The
upgrade of this position will enhance the Division's ability to expand the permit tracking
automation system, by allowing the Processing Coordinator the necessary time to
concentrate on this task. The creation of the Sr. DST will result in an organizational
structure consistent with that used at the counter in Planning.
Position: Senior Management Assistant (Middle Management)
Department: Public Works/Operations
Recommendation: Reclassify Sr. Management Assistant to Principal Management
Assistant (Middle Management).
Fiscal Impact: Salary range will increase 10% to an annual E-Step of $71,991. Current
year fiscal impact is $1,095.
Discussion: When the Operations Division of Public Works was provided with a full-time
analyst position, it was classified at the Senior Management Assistant level. It was
believed at the time that this classification accurately reflected the duties of the position;
since previously they had been accomplished on a half-time basis by a Principal
2
Item ~
Meeting Date May 15, 2001
Management Assistant position that oversaw all of the analytical support functions of the
department. The Operations Division's complexities and responsibilities have increased
overtime, as have, the duties of this position. Specifically, this position has the
responsibility for preparation and oversight of the increasingly complex, multi-fund Division
Budget and conducts major studies such as:
· Staffing studies for Park Maintenance, Street Striping & Signing, Urban Forestry,
and the Operations Administrative Section.
· Vehicle Replacement Schedules
· Equipment Replacement Fund
Additionally, the position has had the responsibility for implementation and oversight of the
new Work Management System and Fleet Management System. The assigned duties and
responsibilities of this position are consistent with other P.rincipal Management Assistant
positions throughout the City. Therefore the reclassification is recommended.
Position: 3.00 Associate Planner (From CVEA to Middle Management)
Department: Planning/Building
Recommendation: Reclassify the 3.00 Associate Planner positions to Senior Planner
which will move them from CVEA to Middle Management.
Fiscal Impact: Salary range will increase to an annual E-Step of $72,392. The Current
year fiscal impact of $5,539 is revenue offset.
Discussion: These recommended reclassifications are based on currently assigned
duties, which, are either:
· Management of large-scale, long-term projects
· Continuing review and processing of a number of complex and difficult development
proposals
· Overall management of program areas
These duties differ from the duties of an Associate Planner, which include the review and
processing of development proposals of moderate complexity and difficulty because
Associate Planners are not normally responsible for the more complex, large-scale projects
or managing entire programs. The duties of the Senior Planner differ and are less than
those of a Principal Planner who manages an entire section of the Planning Department,
and is the highest level Middle Manager in the Planning Department. The three areas of
the Department in which the reclassifications are recommended are:
· Development Planning - This work group reviews a large number of development
proposals of varying degrees of difficulty. Out of necessity to expedite processing of
the work, the most complex, large-scale projects are the responsibility of one Senior
Planner position.
Item ~
Meeting Date May 15, 2001
· Community Planning - One Senior Planner in this work group will be responsible for
the processing and oversight of a major long-term project such as Village 2 in the
Otay Ranch.
· Growth Management/Special Projects - The Senior Planner assigned the lead in
this program coordinates the activities, individuals and information from several City
departments, public agencies and a City commission.
This recommendation has been discussed with CVEA and has their support.
Position: Information Technology Analyst
Department: Police
Recommendation: Increase salary to an annual E-Step of $62,611.
Fiscal Impact: Current year fiscal impact is $2,834.
Discussion: This salary recommendation is based on the difficulty the City has faced in
recruiting for positions in the field of Information Technology, and the need to place this
position in a salary range consistent with the duties and responsibilities assigned, and the
City's Compensation Policy. The recommended salary range is 15% below the supervisory
position of Information Technology Manager.
Position: Risk Management Specialist (Confidential to Middle Management)
Department: Human Resources/Risk Management
Recommendation: Reclassify to Senior Risk Management Specialist (Middle
Management).
Fiscal Impact: Salary range will increase to an annual E-Step of $65,431. Current year
fiscal impact is $1,280.
Discussion: In March 1999, the City Council authorized the reorganization and addition of
staff to the Risk Management Division of the Human Resources Department. At that time,
a Sr. Risk Management Specialist (Sr. RMS) (the reclassification of an existing position),
and the addition of a Risk Management Specialist (RMS) position were approved to staff
the Liability section. At that time it was envisioned that the Sr. RMS would be the lead
position with assistance from the RMS to accomplish the tasks of the Section. The nature
of claims and insurance has required that both of these positions perform equally difficult
and independent duties with no one person acting in a lead capacity. The RMS files and
represents the City in Small Claims Court, interviews claimants and witnesses in
preparation for trial, interprets contracts and insurance requirements to ascertain whether
adequate coverage has been provided, works with brokers to ensure that City requirements
are met, and makes collections for damages to City property. In fact, this RMS has
collected $214,000 in property damage during the first 10 months of tenure with the City.
The recommended upgrade more accurately reflects the job duties and the level of
Item ~
Meeting Date May 15, 2001
responsibility required of this position, and establishes equity in the Liability Section.
Position: Senior Administrative Office Specialist (CVEA)
Department: Library/Administration
Recommendation: Reclassify the position to Administrative Technician (CVEA).
Fiscal Impact: Salary range will increase 10% to an annual E-Step of $42,723. Current
year fiscal impact is $661.
Discussion: Within the last 18 months, Deputy City Manager, Palmer has assumed
responsibility for Organization Development and Training (ODT), Public Information,
Cultural Arts, and the newly created Communications Division. Though these changes
have been significant, until recently there has been no enhancement of support staff.
Council's recent action approving the addition of two support positions coupled with this
recommended upgrade will provide the necessary level of support to carry out the missions
of these divisions. The existing Senior Administrative Office Specialist (Sr. AOS) position
will have expanded duties, including:
· For all Divisions - monitoring the Budget and lower level budget preparation and review,
administer grants; supervise the new Fiscal Office Specialist.
· For the Library - compiling data for State reports and provide support to the Assistant
Director.
· For Cultural Arts - prepare and maintain all financial documentation related to Cultural
Arts events, including contracts, bookings, revenue, etc. and maintains the calendar for
staff tasks related to Cultural Arts.
· For ODT - track the Professional Enrichment Fund by bargaining unit, coordinates
provision of food and materials for training sessions and events sponsored by ODT.
Position: Recycling Ranger II
Department: Administration
Recommendation: Reclassify one Recycling Ranger II position to Solid Waste Specialist
Fiscal Impact: Salary range will be increased 10% to an annual E-Step of $38,116.
Current year fiscal impact of $579 is revenue offset.
Discussion: The Environmental Resource Manager currently has two Recycling Ranger II
positions in the Division. These are journey-level positions responsible for monitoring
recycling and community appearance activities, assisting in the waste reduction, rouse and
recycling programs, conducting public presentations, and assisting with special events.
Reclassification of one of these positions to Solid Waste Specialist will expand the existing
career track and allow for more efficient division of duties. The Solid Waste Specialist will
assume responsibility for managing the Used Oil and Household Hazardous Waste grants,
the Household Hazardous Waste (HHW) Facility and related service contracts, supervision
of interns and may represent the City at regional and state solid waste and HHW training
and planning events. This organizational change will allow the Environmental Resource
Manager to focus more on environmental air quality/energy issues.
5
Item ¢
Meeting Date May 15, 2001
FISCAL IMPACT: Ongoing annual fiscal impact of all recommended changes is $89,488,
of which, $39,767 is revenue offset. Additional appropriations are not needed for this
year's cost of $12,487 (of which $6118 is revenue offset), as there are sufficient salary
savings in each department.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RECLASSIFICATIONS,
SALARY ADJUSTMENTS AND/OR CHANGES IN BENEFIT
GROUP FOR TEN CLASSIFIED POSITIONS
WHEREAS, the addition of higher level duties and changes
in level of authority and responsibility necessitates
reclassification and/or change in benefit group for the following
ten classified positions in six departments:
NATURE CEI~TER - It is recommended to increase the salary band
10% and move the Avian Specialist from CVEA to the Middle
Management bargaining group. The salary range will increase
to an annual E-Step salary of $44,040.
PLA/CNING/BUILDING It is recommended that the Development
Services Technician be reclassified to Senior Development
Services Technician (CVEA). The annual salary range will
increase from $41,744 to an annual E-Step salary of $45,920.
It is also recommended that three Associate Planners (CVEA) be
reclassified to Senior Planners (Middle Management). The
salary range will increase to an annual E-Step of $72,392.
PUBLIC WORXS/OPEP~ATIONS - It is recommended that the Senior
Management Assistant be reclassified to Principal Management
Assistant (Middle Management). The salary range will increase
10% to an annual E-Step salary of $71,991.
POLICE - It is recommended that the Information Technology
Analyst be given an increase in salary to an annual E-Step of
$62,611.
HUMAI~ RESOURCES/RISK MANAGEMENT - It is recommended that the
Risk Management Specialist (Confidential) be reclassified to
Senior Risk Management Specialist (Middle Management). The
salary range will increase to an annual E-Step of $65,431.
LIBRARY/ADMINISTP~ATION - It is recommended that the Senior
Administrative Office Specialist (CVEA) be reclassified to
Administrative Technician. The salary range will increase 10%
to an annual E-Step of $42,723.
ADMINISTRATIO~ - It is recommended that the Recycling Ranger
II position be reclassified to Solid Waste Specialist. The
salary range will be increased 10% to an annual E-Step of
$38,116.
WHEREAS, the total annualized fiscal impact will be
absorbed by the departments, requiring no additional appropriations
this fiscal year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve certain reclassifications,
salary adjustments and changes in benefit groups for the ten
positions set forth hereinabove effective May 18, 2001.
Presented by Approved as to form by
Director of Human Resources C~y Attorney
J~A%I'ORNEY~RESO\ reclassifications 5-15 (May 9, 2001 (3:29PM)]
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE 05/15/01
ITEM TITLE: RESOLUTION Adopting the City of Chula Vista Family and
Medical Leave Act (FMLA) Policy
SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES~
REVIEWED BY: City Manager ~--~ ~ ~ (4/5th Vote: Yes_ No_~)
In 1993, the California Family Rights Act (CFRA) and the Federal Family and Medical
Leave Act (FMLA) were enacted to protect an employee's right to take time off from work
for their own or family member's illness without fear of discrimination or retaliation by their
employer. While the City has complied with these laws since their inception, we have not
taken the opportunity to memorialize some of the administrative details in a formalized City
policy. This resolution not only memorializes those details in a formal policy but also
demonstrates the City's commitment to the needs of today's families.
RECOMMENDATION: That Council adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The CFRA and FMLA of 1993 were enacted to protect employees' rights to take time off
for family care and medical leave without fear of discrimination or retaliation by their
employer. In summary, these laws allow an employee to take up to 12 workweeks off, to
have their benefits continued during that leave period, and, to be guaranteed their same or
equivalent job upon their return from said leave.
Since the enactment of these laws the City has complied with their spirit and has
administered the leaves without benefit of a written City policy memorializing some of the
administrative details. The policy presented here addresses those areas and will clarify the
City's policy on all "discretionary" areas of the law. The proposed policy has been
reviewed and accepted by all of the City's recognized employee groups.
Pursuant to FMLA and CFRA, a person who has been employed for at least 12 months
and has at least 1,250 hours of service during the 12-month period immediately preceding
the commencement of the leave is entitled to take up to 12 workweeks of unpaid leave for
the following medical and family related reasons: (1) the birth of the employee's child or to
care for a newborn of an employee; (2) the placement of a child with an employee in
connection with the adoption or foster care of a child; (3) leave to care for a child, parent or
a spouse who has a serious health condition; or (4) leave because of a serious health
condition that makes the employee unable to perform the functions of their position.
While on FMLA leave, a benefited employee will continue to be covered by the City of
Chula Vista Flexible Benefit Plan to the same extent as coverage would have provided if
the employee had been employed continuously during the entire FMLA period. Upon
expiration of leave, an employee is entitled to be reinstated to the position of employment
held when the leave commenced, orto an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment. Employees have no greater
rights to reinstatement, benefits and other conditions of employment than if the employee
had been continuously employed during the FMLNCFRA period.
While on leave under this policy, employees will be required to concurrently use their
applicable paid accrued leave balances. This is one of the areas where the law only
requires that the employer provide an unpaid leave of absence and does not speak to
whether the employer should or should not require that leave balances be used. Because
of the City's generous leave benefits, coupled with our disability programs and our
Catastrophic Leave Policy, it was agreed by the employee groups that it was prudent to
require concurrent use of leave balances while on these leaves. The policy also clarifies
that if the employee fails to return for any reason other than that for which the leave is
being taken, that they will be required to repay all premiums paid on their behalf.
FISCAL IMPACT: None with this action.
Attachment: A - City of Chula Vista Family and Medical Leave Act (FMLA) Policy
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
L STATEMENT OF POLICY
To the extent not already provided for under current leave policies and
provisions, the City of Chula Vista will provide Family and Medical Care leave for
eligible employees as required by state and federal law. The following provisions
set forth certain rights and obligations with respect to such leave. Rights and
obligations which are not specifically set forth below are set forth in the
Department of Labor regulations implementing the federal Family and Medical
Leave Act of 1993 (FMLA), and the regulations of the California Family Rights
Act (CFRA). Unless otherwise provided by this article, "Leave" under this article
shall mean leave pursuant to the FMLA and CFRA.
I1. DEFINITIONS
A. "12-Month Period" means a rolling 12-month period measured
backward from the date leave is taken and continuous with each
additional leave day taken.
B. "Child" means a child under the age of 18 years of age, or 18
years of age or older who is incapable of self-care because of a
mental or physical disability. An employee's child is one for whom
the employee has actual day-to-day responsibility for care and
includes a biological, adopted, foster or step-child, legal ward, or a
child of a person standing in Ioco parentis (in place of parent).
A child is "incapable of self-care" if he/she requires active
assistance or supervision to provide daily self-care in three or more
of the activities of daily living or instrumental activities of daily living
- such as, caring for grooming and hygiene, bathing, dressing,
eating, cooking, cleaning, shopping, taking public transportation,
paying bills, maintaining a residence, using telephones and
directories, etc.
C. "Parent" means the biological parent of an employee or an
individual who stands or stood in Ioco parentis (in place of a parent)
to an employee when the employee was a child. This term does
not include parents-in-law.
D. "Spouse" means a husband or wife as defined or recognized
under California State Law for purposes of marriage.
Page I of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
E. "Serious health condition" means an illness, injury impairment,
or physical or mental condition that involves:
1) Inpatient Care (i.e., an overnight stay) in a hospital,
hospice, or residential medical care facility, including any
period of incapacity (i.e., inability to work, or perform other
regular daily activities due to the serious health condition,
treatment involved, or recovery therefrom); or
2) Continuing treatment by a health care provider: A serious
health condition involving continuing treatment by a health
care provider includes any one or more of the following:
a) A period of incapacity (i.e., inability to work, or
perform other regular daily activities due to serious
health condition of more than three consecutive
calendar days, and any subsequent treatment or
period of incapacity relating to the same condition,
that also involves:
i) Treatment two or more times by a health care
provider, by a nurse or physician's assistant
under direct supervision by a health care
provider, or by a provider of health care
services (e.g., a physical therapist) under
orders of, or on referral by a health care
provider; or
ii) Treatment by a health care provider on at least
one occasion which results in a regimen of
continuing treatment under the supervision of
the health care provider. This includes for
example, a course of prescription medication
or therapy requiring special equipment to
resolve or alleviate the health condition. If the
medication is over the counter, and can be
initiated without a visit to a health care
provider, it does not constitute a regimen of
continuing treatment.
Page 2 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
b) Any period of incapacity due to pregnancy or for
prenatal care.
c) Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition.
A chronic serious health condition is one which:
i) Requires periodic visits for treatment by a
health care provider, or by a nurse or
physician's assistant under direct supervision
of a health care provider;
ii) Continues over an extended period of time
(including recurring episodes of a single
underlying condition); and
iii) May cause episodic rather than a continuing
period incapacity (e.g., asthma, diabetes,
epilepsy, etc). Absences for such incapacity
qualify for leave even if the absence lasts only
one day.
d) A period of incapacity, which is permanent or long-
term due to a condition for which treatment may not
be effective. The employee or family member must
be under the continuing supervision of, but need not
be receiving active treatment by a health care
provider.
e) Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a
health care provider or by a provider of health care
services under orders of, or on referral by, a health
care provider, either for restorative surgery after an
accident or other injury, or for a condition that would
likely result in a period of incapacity of more than
three consecutive calendar days in the absence of
medical intervention or treatment.
Page 3 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
F. "Health Care Provider" means:
1) A doctor of medicine or osteopathy who is authorized to
practice medicine or surgery by the State of California;
2) Individuals duly licensed as a physician, surgeon, or
osteopathic physician or surgeon in another state or
jurisdiction, including another country, who directly treats or
supervises treatment of a serious health condition;
3) Podiatrists, dentists, clinical psychologists, optometrists, and
chiropractors (limited to treatment consisting of manual
manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist) authorized to practice in
California and performing within the scope of their practice
as defined under California State law;
4) Nurse practitioners, nurse-midwives and clinical social
workers who are authorized to practice under California
State Law and who are performing within the scope of their
practice as defined under California State Law;
5) Christian Science practitioners listed with the First Church of
Christ, Scientist in Boston, Massachusetts; and
6) Any health care provider from whom an employer or group
health plan's benefits manager will accept certification of the
existence of a serious health condition to substantiate a
claim for benefits.
IlL REASONS FOR LEAVE
Leave is only permitted for the following reasons:
1 ) The birth of a child or to care for a newborn of an employee;
2) The placement of a child with an employee in connection with the adoption
or foster care of a child;
3) Leave to care for a child, parent or a spouse who has a serious health
condition; or
Page 4 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA).Policy
4) Leave because of a serious health condition that makes the employee
unable to perform the functions of his/her position.
IV. EMPLOYEES ELIGIBLE FOR LEAVE
An employee is eligible for leave if the employee:
1. Has been employed for at least 12 months; and
2. Has been employed for at least 1,250 hours during the 12-month period
immediately preceding the commencement of the leave.
V. AMOUNT OF LEAVE
Eligible employees are entitled to a total of 12 workweeks of leave during any 12-
month period.
A. Duration of Leave
The leave can be taken at one time, intermittently or on a reduced
schedule up to 12 workweeks or until the FMLA condition ends, whichever
comes first. If leave is requested for the birth, adoption or foster care
placement of a child of the employee, leave must be concluded within one
year of the birth or placement of the child.
B. Spouses Both Employed By the City of Chula Vista
In any case in which a husband and wife both employed by the City of
Chula Vista are entitled to leave, the aggregate number of workweeks of
leave to which both may be entitled is limited to 12 workweeks during any
12-month period if leave is taken for the birth or placement for adoption or
foster care of the employees' child (i.e., bonding leave). This limitation
does not apply to any other type of leave under this policy.
Page 5 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
VI. SUBSTITUTION OF PAID ACCRUED LEAVES
While on leave under this policy, as set forth herein, the City of Chula Vista will
require the employee to concurrently use applicable paid accrued leaves.
A. Employee's Right to Use Paid Accrued Leaves Concurrently
With Family Leave
Where an employee has earned or accrued paid vacation, floating holiday,
administrative leave, compensatory time, that paid leave must be
substituted for all or part of any (otherwise) unpaid leave under this policy.
B. City of Chula Vista's Right to Require An Employee To Use
Paid Leave When Using FMLA/CFRA Leave
Employees must exhaust their accrued leaves concurrently with
FMLA/CFRA leave to the same extent that employees have the right to
use their accrued leaves concurrently with FMLA/CFRA leave with two
exceptions:
1. Employees are not required to use accrued compensatory
time earned in lieu of overtime earned pursuant to the Fair
Labor Standards Act (FLSA). However, the employee may
elect to use FLSA compensatory time for an FMLA reason,
and such time off shall be counted as FMLA leave; and
2. Employees will only be required to use sick leave
concurrently with FMLA/CFRA leave if the leave is for the
employee's own serious health condition or to take care of a
spouse, parent or child with serious health condition.
The maximum allowable Sick Leave usage for male
employees to bond with a newborn child and care for their
spouse immediately after giving birth is 40 hours. If the
employee's spouse or child has a serious health condition
that requires assistance for basic medical and personal
needs, the employee may request additional Sick Leave.
Page 6 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
C. City of Chula Vista's Right to Require An Employee To
Exhaust FMLA/CFRA Leave Concurrently With Other Leaves
If an employee takes a leave of absence for any reason which is
FMLA/CFRA qualifying, the City of Chula Vista will designate that leave as
running concurrently with the employee's 12-week FMLNCFRA leave
entitlement. The only exception is for peace officers who are on leave
pursuant to Labor Code 4850.
D. City of Chula Vista and Employee's Rights If An Employee
Requests Accrued Leave Without Mentioning Either the FMLA
or CFRA
If an employee requests to utilize accrued vacation leave or other accrued
paid time off without reference to a FMLA/CFRA qualifying purpose, the
City of Chula Vista may not ask the employee if the leave is for a
FMLA/CFRA qualifying purpose. However, if the City of Chula Vista
denies the employee's request and the employee provides information
that the requested time off is for a FMLNCFRA qualifying purpose, the
City of Chula Vista may inquire further into the reason for the absence. If
the reason is FMLA/CFRA qualifying, the City of Chula Vista will require
the employee to exhaust accrued leave as described above.
VII. EMPLOYEE BENEFITS WHILE ON LEAVE
While on FMLA leave, the employee will continue to be covered by the City of
Chula Vista Flexible Benefit Plan to the same extent as coverage would have
provided if the employee had been employed continuously during the entire
FMLA period.
FMLA Paid Leave
An employee who requests leave and is eligible for paid leave under the
City's paid leave provisions, and who qualifies for and is approved for
FMLA, shall be on FMLA Paid Leave.
The City's Flexible Allotment for the employee and the employees' payroll
deduction for all insurance premiums, shall continue during the period of
FMLA Paid Leave in order to continue all the employee's insurance
coverage.
Page 7 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
FMLA Unpaid Leave
An employee who requests leave and is not eligible for paid leave under
the City's paid leave provisions, but who qualifies for and is approved for
FMLA, shall be on FMLA Unpaid Leave.
During the period that an employee is on FMLA Unpaid Leave, the City
shall continue to make its Flexible Allotment contributions for the
employee and shall maintain all other group insurance benefits, including
Flexible Spending Accounts, in accordance with Internal Revenue Service
(IRS) Section 125.
If the employee has out-of-pocket contributions, the City shall pay the
insurance payments on behalf of the employee on an advance basis in
order to maintain all of the employee's insurance coverage. The
employee shall continue to be obligated for these premiums and shall
reimburse the City for the payments upon the employee's return to work
from leave through payroll deductions. The amount of each added payroll
deduction shall be equal to the amount of each separate premium not paid
by the employee. This added payroll deduction shall be entered on each
of the employee's biweekly paycheck until the full amount of the premiums
is paid in full.
If an employee fails to return to work after his/her leave entitlement has been
exhausted or expires, the City of Chula Vista shall have the right to recover its
share of insurance premiums for the entire leave period, unless the employee
does not return because of the continuation, recurrence, or onset of a serious
health condition of the employee or his/her family member which would entitle
the employee to leave, or because of circumstance beyond the employee's
control. The City of Chula Vista shall have the right to recover premiums through
the deduction from any sums due to the employee from any required payoffs
owed to the employee from vacation or sick leave balances. If at the time of the
employee's termination, there is not enough money in the final check to cover the
outstanding balance, the employee will be responsible for paying the balance.
Any unpaid balance at the end of the repayment schedule will be referred to
collections.
VIII. MEDICAL CERTIFICATION
Employees who request leave for their own serious health condition or to care for
a child, parent or a spouse who has a serious health condition must provide
written certification from the health care provider of the individual requiring care if
requested by the City of Chula Vista.
Page 8 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
If the leave is requested because of the employee's own serious health condition,
their certification must include a statement that the employee is unable to work at
all or is unable to perform the essential functions of his/her position.
A. Time To Provide A Certification
When an employee's leave is foreseeable and at least 30 days notice has
been provided, the employee must provide the medical certification
before the leave begins. When this is not possible, the employee must
provide the requested certification to the City of Chula Vista within the time
frame requested by the City of Chula Vista, unless it is not practicable
under the particular circumstances to do despite the employee's diligent,
good faith efforts.
B. Consequences For Failure To Provide An Adequate Or Timely
Certification
If an employee provides an incomplete medical certification, the employee
will be given a reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the
time frame established by this policy, the City of Chula Vista may delay
the taking of FMLA/CFRA leave until the required certification is provided.
C. Recertification
If the City of Chula Vista has reason to doubt the validity of a certification,
the City may require a medical opinion of a second health care provider
chosen and paid for by the City of Chula Vista. If the second opinion is
different from the first, the City of Chula Vista may require the opinion of a
third provider jointly approved by the City of Chula Vista and the
employee, but paid for by the City of Chula Vista. The opinion of the third
provider will be binding. An employee may request a copy of the health
care provider's opinions when there is a recertification.
D. Intermittent Leave Or Leave On A Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a
time) or on a reduced leave schedule to care for an immediate family
member with a serious health condition, the employee must provide
medical certification that such leave is medically necessary. "Medically
necessary" means that there must be a medical need for the leave, and
Page 9 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
I
that the leave can best be accomplished through an intermittent or
reduced leave schedule.
IX. EMPLOYEE NOTICE OF LEA VE
Although the City of Chula Vista recognizes that emergencies arise which may
require employees to request immediate leave, employees are required to give
as much notice as possible of their need for leave. If leave is foreseeable, at
least 30 days notice is required. In addition, if an employee knows that he/she
will need leave in the future, but does not know the exact date(s) (e.g. for the
birth of a child or to take care of a newborn), the employee shall inform his/her
supervisor as soon as possible that such leave will be needed. Such notice may
be orally given. If the City of Chula Vista determines that an employee's notice is
inadequate or the employee knew about the requested leave in advance of the
request, the City of Chula Vista may delay the granting of the leave until it can, in
its discretion, adequately cover the position with a substitute.
REINSTATEMENT UPON RETURN FROM LEAVE
A. Right To Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the
position of employment held when the leave commenced, or to an
equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment. Employees have no greater rights to
reinstatement, benefits and other conditions of employment than if the
employee had been continuously employed during the FMLA/CFRA
period.
If a definite date of reinstatement has been agreed upon at the beginning
of the leave, the employee will be reinstated on the date agreed upon. If
the reinstatement date differs from the original agreement of the employee
and the City of Chula Vista, the employee will be reinstated within two
business days, where feasible, after the employee notifies the employer of
his/her readiness to return.
Page 10 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
B. Employee's Obligation To Periodically Report On His/Her
Condition
Employees may be required to periodically report on their status and intent
to return to work. This will avoid any delays to reinstatement when the
employee is ready to return.
C. Fitness For Duty Certification
As a condition of reinstatement of an employee whose leave was due to
the employee's own serious health condition, which made the employee
unable to perform his/her job, the employee must obtain and present a
fitness-for-duty certification from the health care provider that the
employee is able to resume work. Failure to provide such certification will
result in denial of reinstatement.
D. Reinstatement Of "Key Employees"
The City of Chula Vista may deny reinstatement to a "key" employee (i.e.,
an employee who is among the highest paid 10 percent of all employed by
the City of Chula Vista), if such denial is necessary to prevent substantial
and grievous economic injury to the operations of the City of Chula Vista,
and the employee is notified of the City of Chula Vista's intent to deny
reinstatement on such basis at the time the employer determines that
such injury would occur.
Xl. REQUIRED FORMS
Employees must fill out the following applicable forms in connection with leave
under this policy:
1. Application for Family and Medical Leave Form (HR147) - NOTE:
Employee will receive a response from the City of Chula Vista to their
request which will set forth certain conditions of the leave;
2. Health Care Provider Certification (HR234)- Either for the employee's
own serious health condition or for the serious health condition of a child,
parent or spouse;
3. FMLA Repayment Agreement (HR242) Authorization for payroll
deductions for benefit plan coverage continuation; and
4. Family and Medical Leave Return to Work Certification (HR24'I)
Page 11 of 12 4/2001
City of Chula Vista
Family and Medical Leave Act (FMLA) Policy
XII. Relationship Between Pregnancy Disability Leave and FMLA Leave
Pregnancy Leave will be administered in accordance with the California
Fair Employment and Housing Act Sections 7291.2 through 7291.16. A
pregnant employee shall be entitled to a leave of absence without pay for
up to four (4) months so long as the employee's attending physician
certifies that she is physically unable to work due to pregnancy or a
pregnancy-related condition. The City of Chula Vista will count the
employee's pregnancy disability leave toward her FMLA entitlement.
XlII. Relationship Between CFRA, Pregnancy Disability Leave and FMLA
Leave
The right to take a pregnancy disability leave is separate and distinct from
the right to take a CFRA leave under the California Family Rights Act. At
the end of the employee's period(s) of pregnancy disability, or at the end
of four months pregnancy disability leave, whichever occurs first, a CFRA-
eligible employee may request to take CFRA leave of up to 12 workweeks
for reason of the birth of her child. There is no requirement that either the
employee or the child have a serious health condition in order for the
employee to take CFRA leave.
The maximum possible combined statutory leave entitlement for
CFRA/FMLA employees for both pregnancy disability leave and CFRA
leave for reason of the birth of the child is four months and 12 workweeks.
This assumes that the employee is disabled by pregnancy for four months
and then requests, and is eligible for a 12-week CFRA leave for reason of
the birth of her child.
Page 12 of 12 4/2001
CITY OF CHULA VISTA
HEALTH CARE PROVIDER CERTIFICATION
(Family and Medical Leave Act of 1993)
This form must be used in conjunction with the Application for Family and Medical Leave form for employee's leave of absence
of three (3) or more days because of employee's illness or to care for the employee's seriously ill family member.
Employee's Name Social Security Number/Employee Payroll ID/¢
Department Job Classification Daytime Phone Number
Please check the reason for requesting this leave.
] Employee's sedous health condition [ ] Employee's seriously ill family member
(Relationship to employee:
Patient's Name:
Does the patient's condition qualify under any of the following categories? Please check one. (Refer to definition of sedous
health condition on the reverse side of this form) ] Hospital Care
] Absence plus treatment (including any subsequent treatment)
] Pregnancy
] Chronic conditions requiring treatments
] Permanent/Long-term conditions requiring supervision
] Multiple treatments (including recovery there from) for non-chronic conditions
None of the above
Describe the medical facts, which support your certification, including a brief statement as to how the medical facts
meet the criteria of one of the above categories.
State the approximate date the condition commenced and the probable duration of the condition.
For chronic condition, please indicate the duration and frequency of episodes of incapacity.
Can the employee perform any one or more of the essential functions of his or her job?
If the leave is to care for the employee's family memberwith a serious health condition, does the patient require
assistance for basic medical or personal needs or safety or for transportation?
Would the employee's presence to provide psychological comfort be beneficial to the patient or assist the patient's
recoveq/?
NAME OF HEALTH CARE PROVIDER (Please print)
ADDRESS OF HEALTH CARE PROVIDER
TYPE OF PRACTICE/SPECIALTY
PHYSICIAN LICENSE NUMBER PHONE NUMBER
SIGNATURE OF HEALTH CARE PROVIDER: DATE
HR234
SERIOUS HEALTH CONDITION
A "serious health condition" means an illness, injury, impairment, or physical or medical condition that involves one of
the following:
1. HOSPITAL CARE
Inpatient care (i.e., an ovemight stay) in a hospital, hospice, or residential medical care facility, including any
pedod of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2. ABSENCE PLUS TREATMENT
A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or
period of incapacity relating to the same condition), that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician's assistant under
direct supervision of a health care provider, or by a provider of health care services (e.g., physical
therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion, which results in a regimen of
continuing treatment under the supervision of the health care provider.
3. PREGNANCY
Any pedod of incapacity due to pregnancy or for prenatal care.
4. CHRONIC CONDITIONS REQUIRING TREATMENTS
A chronic condition which:
(1) Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant
under the direct supervision of a health care provider;
(2) Continues over an extended period of time (including recurring episodes of a single underlying
condition); and
(3) May cause episodic rather than a continuing period of incapacity {e.g., asthma, diabetes, epilepsy,
etc.).
5. PERMANENT/LONG-TERM CONDITIONS REQUIRING SUPERVISION
A period of incapacity which is permanent or long-term, due to a condition for which treatment may not be
effective. The employee or family member must be under continuing supervision but need not be receiving
active treatment by a health care provider. Examples would include Alzheimer's, a severe stroke, or the
terminal stages of a disease.
6. MULTIPLE TREATMENTS (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health
care provider or by a provider of health care services under orders of, or on referral by, a health care
provider, either for restorative surgery after an accident or other injury, or for a condition that would likely
result in a period of incapacity of more than three consecutive calendar days in the absence of medical
intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy),
kidney disease (dialysis).
Departrnent of Hurnan Resources, Risk Management Division - Employee Benefits / Phone: 6fg-691-5096/ Fax: 619-5199
CI'IY OF
CHULA VISI-A
Human Resources Department
FAMILY AND MEDICAL LEAVE ACT (FMLA)
REPAYMENT AGREEMENT
I, , understand that between the pay period ending
through the pay period ending , that I was on FMLA Unpaid Leave and the City
of Chula Vista paid for my portion of insurance payments on my behalf to maintain my insurance
coverage. Therefore, I am obligated to reimburse the City for the payments upon my return to work
from leave. The total out-of-pocket contribution amount I owe to maintain my current benefit
election for this Plan Year is $
I agree to pay back to have deducted from my gross pay $ for __ pay
periods, the first deduction to commence on my paycheck and the last deduction
to be taken from my paycheck.
I further understand and agree that should my employment relationship with the City
terminate prior to paying the full amount due, that any outstanding balance will be withheld from my
final check, including salary and/or flex plan monies. If at the time of my termination there is not
enough money in the final check to cover my outstanding balance, I understand that I will be
responsible for paying the balance within the original repayment scheduled. Any unpaid balance at
the end of the repayment schedule will be referred to collections.
Signed Dated
Witnessed By Dated
HR242
CITY OF CHULA VISTA
FAMILY AND MEDICAL LEAVE ACT (FMLA) RETURN TO WORK CERTIFICATION
Please complete and mail to Human Resources Department prior to retum to work date.
Empl'oyee~s' name Social Security Number
Employee Supervisor Department Address Phone number
FML Start Date: FML End Date:
Please review the attached job description. Is the employee able to perform all the
functions of this job? [ ] Yes [ ] No
If YES, please list any restrictions or describe accommodations which the department
should consider.
The restrictions are [ ] permanent [ ] temporary until
Date employee is released to return to work:
Name of Health Care Provider (Please print) I Specialty
Address
Signature Date
HR2.41
Human Resources Departmen~ Risk Management Division. Employee Benefits/Phone: 619.691.5096/Fax: 6f9-691-5199
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
FAMILY AND MEDICAL LEAVE ACT (FMLA) POLICY
WHEREAS, in 1993, the Califonfia Family Rights Act (CFRA) and the Federal Family
and Medical Leave Act (FMLA) were enacted to protect an employee's right to take time off
from work for their own or family member's illness without fear of discrimination or retaliation
by their employer; and
WHEREAS, while the City has complied with these laws since their inception, some of
the administrative details need to be memorialized in a formalized City policy; and
WHEREAS, this resolution not only memorializes those details in a formal policy but
also demonstrates the City's commitment to the needs of today's families.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt the City of Chula Vista Family and Medical Leave Act (FMLA) Policy
set forth in Attachment "A", attached hereto and incorporated herein by reference as if set forth
in full.
Presented by Approved as to form by
Candy Emerson John M. Kah~'n.~ '
Director of Human Resources City Attorney
J:\attomeySreso\FM LA Policy
COUNCIL AGENDA STATEMENT
Item No.: /
Meeting Date: May 15, 2001
ITEM TITLE: Public Hearing: PCM 91-08 Consideration of Otay Valley Regional
Park Concept Plan.
Resolution: of the City of Chula Vista City Council adopting
the Otay Valley Regional Park Concept Plan Creating a Regional Park
throughout the Otay Valley extending from San Diego Bay to Upper and
Lower Otay Reservoirs.
SUBMITTED BY: Director of Planning and Building~/~
REVIEWED BY: City Manager (_9!.~c~ (4/5ths Vote: Yes No X )
Since 1990 the Cities of San Diego and Chula Vista, as well as the County of San Diego
operating under a Joint Exercise of Powers Agreement (JEPA), have been acquiring property
and developing a Concept Plan for the creation of the Otay Valley Regional Park (OVRP).
Through on-going efforts of a joint staff team, a Policy Committee (PC) composed of one
appointed elected official from each jurisdiction, a Citizens Advisory Committee (CAC) and
executive staff, Council is now being presented with the Draft OVRP Concept Plan for
adoption. The Draft Concept Plan contains policies that guide the implementation of the
OVRP. The Multiple Species Conservation Program (MSCP) Final Environmental Impact
Report/Environmental Impact Statement (EIR/EIS), prepared by the City of San Diego and
United States Fish & Wildlife Service (USFWS), analyzed the OVRP Concept Plan at a
programmatic-level and found that the Concept Plan will not result in significant environmental
impacts if MSCP guidelines were adhered to, as well as existing development standards.
Council is being asked to find that, as a Responsible Agency, they have considered the
information contained within the MSCP EIR/EIS before acting to adopt the OVRP Concept
Plan.
RECOMMENDATION: Adopt City Council Resolution approving the Otay
Valley Regional Park Concept Plan.
BOARDS/COMMISSIONS RECOMMENDATION:
Resource Conservation Commission (RCC) - On April 16, 2001 the RCC reviewed the OVRP
Concept Plan and voted unanimously (4-0-2) to recommend that the City Council adopt the
Concept Plan.
Planning Commission - On August 12, 1998 the Chula Vista Planning Commission held a
public hearing on the Draft OVRP Concept Plan and voted (6-0) to recommend that Council
Page 2, Item:
Meeting Date: 5/15/01
approve the Plan. Previously, on September 17, 1997 the Planning Commission conducted a
public workshop to review the Draft ovRP Concept Plan.
Community Planning Groups - The Focused Planning Area (FPA) for the OVRP includes
portions of the Southwest and Otay Valley Road Redevelopment Areas. Joint staff from the
Cities of San Diego and Chula Vista and the County of San Diego has previously presented the
Draft Concept Plan to the Otay Valley Road Redevelopment Project Area Committee in Chula
Vista. On January 17, 1997 the CAC voted (12-0-1) to recommend that the OVRP Policy
Committee accept the Preliminary Draft Concept Plan. Eleven other advisory groups from the
three jurisdictions have also reviewed the Concept Plan and have been supportive. (Please see
Appendix "C" (page 72) of the Concept Plan, which lists the various groups and the Concept
Plan review dates).
OVRP Citizen Advisory Committee (CAC) - On January 17, 1997 the CAC voted (12-0-1) to
recommend that the OVRP Policy Committee accept the Preliminary Draft Concept Plan, with
modifications.
OVRP Policy Committee - On July 18, 1997 the OVRP Policy Committee voted (3-0) to
accept the Draft Concept Plan with modifications, and directed staff to proceed to the Planning
Commissions and Councils/Board of each jurisdiction for their adoption:
City of San Diego - On April 17, 2001 the City of San Diego City Council approved the
OVRP Concept Plan. The Board of Supervisors is expected to take action on the Concept Plan
in May of this year.
County of San Diego - On December 19, 1997 the County of San Diego Planning Commission
voted (6-0) to recommend that the Board of Supervisors adopt the Concept Plan.
DISCUSSION:
Background
Former Chula Vista Mayor Greg Cox (now County Supervisor and member of the OVRP
Policy Committee) first introduced the idea of creating a regional park in the Otay Valley to
the City Council in 1988. The former Mayor recommended that the planning effort for the
park be a cooperative one involving the Cities of Chula Vista and San Diego and the County of
San Diego. Since that time, the three member agencies have adopted a Joint Exercise of
Powers Agreement (JEPA) (Attachment 1), a Focused Planning Area (FPA) for the park and a
Goal Statement (Attachment 2).
In 1990 a staff team, which was formed through the adoption of a Joint Exercise of Powers
Agreement (JEPA) between the County of San Diego and the Cities of San Diego and Chula
Vista (Joint Staff), began the process of obtaining public input and preparing a Draft Concept
Plan (Attachment 3) for the formation of the Otay Valley Regional Park. A Policy Committee
Page 3, Item: /L9
Meeting Date: 5/15/01
made up of one representative from each member jurisdiction's Council or Board as well as a
Citizen Advisory Committee (CAC), appointed by the Policy Committee has guided this effort.
This CAC is made up of representatives from each jurisdictional area. On July 18, 1997, after
recommendation by the CAC, the Policy Committee voted to accept the Draft Concept Plan,
with modifications, and directed Joint Staff to proceed to the Planning Commissions and City
Council/Board of Supervisors of each jurisdiction to obtain adoption of the Concept Plan. (See
Attachment 4 for Planning History).
Adoption of the OVRP Concept Plan has had to wait until adoption of Chula Vista's MSCP
Subarea Plan, primarily because the environmental analysis document addressing the OVRP
Concept Plan (the MSCP EIR/EIS) needed to be first introduced to Council in the context of
the City's MSCP Subarea Plan. Also, further delays occurred while the City of San Diego
waited to fill former council member Juan Vargas' council seat for the San Diego Council
District that contains the planned regional park.
OVRP Concept Plan Description
The OVRP Concept Plan is a framework plan for the implementation of an 11-mile regional
park extending from the San Diego Bay to and including, the Upper and Lower Otay
Reservoirs. This Concept Plan has been developed through the cooperative efforts of the
County of San Diego, City of San Diego and the City of Chula Vista. The following is an
excerpt from the goal statement contained within the Concept Plan, which is intended to guide
the implementation of the Concept Plan.
"Otay Valley Regional Park will represent one of the major open space areas
within the southern area of San Diego County linking south San Diego Bay with
Lower Otay Lake. The park will fulfill the need to provide a mix of active and
passive recreational activities while protecting environmentally sensitive areas,
protecting cultural and scenic resources, and encouraging compatible
agricultural uses in the park..." (Excerpt from the OVRP Goal Statement
(Attachment 2).
The Draft OVRP Concept Plan provides policy direction for land acquisition and development
of the regional park, and specifically implements the OVRP Goal Statement by:
1. Establishing a park boundary, providing opportunities for alternative boundaries, and
noting areas for consideration for future inclusion within the park;
2. Protecting environmentally sensitive areas and important cultural resources by
designating open space/core preserve areas;
3. Designating areas for active and passive recreational development opportunities;
Page 4, Item: /~
Meeting Date: 5/15/01
4. Recommending a multi-use trail system with staging areas, viewpoints and overlooks
and linkages to recreation areas, other adjacent public lands and regional open space
and trail systems; and
5. Recommending interpretive centers for environmental and educational programs.
The Concept Plan is divided into the following geographic Segments:
South San Diego Bay Interstate 5. Planning issues that were considered in the preparation of
proposals for this segment include consistency with the proposed National Wildlife Refuge
(discussed in Related Planning Efforts below). Coordination with the Bayshore Bikeway
planning effort, and the allowance for planning flexibility consistent with the Southwest and
Otay Valley Road Redevelopment Areas within the City of Chula Vista.
Interstate 5 to Interstate 805. Much of the area within this Segment has recently been publicly
acquired for inclusion in the OVRP, including Proposed Recreation areas and much of the
Open Space core. Planning considerations include preservation of the floodplain and steep
slopes, and the provision of recreational opportunities.
Interstate 805 to Heritage Road (Paseo Ranchero). The dominant factors influencing Plan
recommendations in this Segment include consistency with the City's Draft MSCP Subarea
Plan, the Coors Amphitheater and Knott's Soak City USA (both located in Recreation Area No
9). Also included in this segment is consideration for potential future park uses of the Otay
Landfill, which is designated a Park Study Area.
Heritage Road (Paseo Ranchero) to Otay Lakes Vicinity. Within the City's' portion of this
Segment, finger canyons on each side of the Otay Valley within the Otay Ranch, and Wolf and
Salt Creek Canyons are designated as Open Space/Preserve Areas, consistent with the Otay
Ranch Resource Management Plan (RMP) and City's' Draft MSCP Subarea Plan.
Coordination with the Otay Ranch planning effort resulted in proposals for both Open Space
and Recreation opportunities within portions of the valley in this Segment.
Ota¥ Lakes Vicinity. This Segment encompasses both upper and lower Otay Lakes, is
designated for open space/preserve. The only exceptions being the existing Recreation Areas
which include the Lower Otay County Park and City of San Diego Fishing facility which are
specifically allowed to continue per the City of San Diego's adopted MSCP Subarea Plan. The
remainder of this Segment is designated Open Space/Preserve Area.
ANALYSIS
Land Use Plans and Zoning
The proposed Open Space/Core Preserve areas identified in the Concept Plan are consistent -
with the Park and Open Space land use designations of the Chula Vista General Plan, the
Page 5, Item: /~
Meeting Date: 5/15/01
Montgomery Specific Plan, the Otay Ranch General Development Plan (GDP), the Otay Mesa
Community Plan, the Otay Mesa-Nestor Community Plan and the Chula Vista Draft MSCP
Subarea Plan.
Existing zoning designations within the proposed park area will not change with adoption of
the Concept Plan.
The Concept Plan recommends oppommities for development of trails, recreation sites, and the
preservation of natural resources within the context of existing zoning. The following
clarifying language is included in the Concept Plan Executive Summary (Page 2):
"The land within the Concept Plan is both privately and publicly owned and has
development potential based on existing zoning, land use plans and other
development regulations. The Concept Plan does not change existing zoning;
land use plans or would add new development regulations. It does not preclude
private development. It provides policy directions for the jurisdictions for
coordinated land acquisition and development for the Regional Park within this
framework of private property rights."
Implementation
Since adoption of the OVRP JEPA in 1990, the Cities of Chula Vista and San Diego and the
County of San Diego have acquired a total of 494.05 acres of land for the regional park. Of
this total Chula Vista now owns 135.46 acres.
Upon adoption of the Concept Plan it is anticipated that acquisition efforts will continue and
that regional park implementation will occur through a Strategic Implementation Program
which is aimed at achieving short-term improvements to the park (i.e., continued acquisition,
debris removal, trail planning and construction, etc.); the strategic plan also includes longer-
term implementation actions (i.e., public outreach and education, design and construction of
recreation areas, etc.).
CONCLUSION
Adoption of the OVRP Concept Plan will represent a significant milestone in implementing the
vision of a regional park serving residents and visitors to this unique part of southern San
Diego County. The Concept Plan is a policy document that will provide direction and guidance
in parkland acquisition, development efforts and the evaluation of proposals that may affect the
park. Its adoption by the three member agencies will signal their commitment to support the
establishment and development of the park. The Concept Plan will be used to support grant
applications to private and public entities for financial support, which would be utilized for
acquisition, future plans or studies, and park development, as well as support for the efforts of
volunteer groups and nonprofit organizations such as the Friends of Otay Valley Regional
Park.
-- Thls copy must be
D~L~CATE returned tc Cibj
Clerk, ~n Diego
JOI~T EXERCISE O~ POWERS
AGREEMENT A/~ONG THE
COUNTY OF SAN DIEGO AND THE
CITIES OF CHULA VISTA AND
SAN DIEGO
FOR PLANNING AND ACQUISITION
FOR THE OTAY VALLEY
REGIONAL PARE
THIS AGREEMENT, dated for convenience as of the'~t~6~-~ day
of /~.~.~ 1990 among the Cities of Chula Vista .end'San Diego,
and the County of San Diego, existing under the laws of the State
of California (hereinafter referred to individually or collectively
as Public Agencies).
W i T N E S S E T H
~-HEREAS, the Public Agencies are each ei?.p6wered by law to
acquire and hold property and to plan and design public facilities
and appurtenances for park purposes; and
~'HEREAS, the Public Agencies desire to coordinate acquisition,
planning and design of the Otay Valley Regional Park for the
benefit of their citizens and the public; and
~'HEREAS, it is believed that joint cooperation and
participation among the Public Agencies will be mutually beneficial
and in the public interest;
Now, THEREFORE, the Public Agencies, Agree as follows:
SECTION 1. Purpose.
This. Agreement is made pu.rsuant to the provisions of Article
1, Chapter 5, Division 7, Title 1 of the Government Code of the
State of california commencing with Section 6500, (hereinafter
referred to as the "Act") relating to the joint exercise of powers ·
! DOCUMENT NO. 27
APR 3 01990 ...
FILED
/[~i ~,, ,'/OFFICE OF THE CITY CLERK
-'-- SAN DIEGO, CALIFORNIA ATTACHMENT
boundaries and exercising their powers to plan and design a park.
Adoption of the Focused Planning Area is not intended to create,
per, se, a potential for a determination that subsequent
encroachment or developmen~ .within the Focused Planning Area
results in a significant environmental effect under the California
Environmental Quality Act. Recognition of the Focused Planning
Area boundaries is not intended to constitute an announcement of
the Public Agencies' intent to acquire, by purchase or
condemnation, any particular parcel of property located within said
boundaries, but rather is intended to facilitate continued planning
for potential future park development.
SECTION 4. Policy Committee.
A Policy Committee consisting of three elected
representatives appointed respectively by the San Diego County
Board of Supervisors, the Chula Vista City Council and the San
Diego City Council shall Pet the policies for the administration'
of this Agreement. The representative from the County of San Diego
shall be a member of and appointed by the County Board of
Supervisors. The representative from the City of Chula Vista shall
be a member of and appointed by the City Council. The
representative from the City of San Diego shall be a member of and
appointed-by the City Council..Appointment to the Policy Committee
shall be for a term not to exceed the appointee's current term in
office. A quorum f~r the purposes of conducting business will
consist of two members of the Policy Committee. In the absence of
3' ATTACHMENT 1
Committee. In the absence of a quorum, a single person present may
move to adjourn.
'The Ralph M. Brown Act (Government Code Sections 54950-54961)
shall.govern the proceedings, noticing and general activities of
this Citizen Advisory Committee.
SECTIO~ 6. Administration.
This Agreement shall be administered by the Public Agencies.
This Agreement shall be administered on behalf of the County of San
Diego by the Director of Parks and Recreation; on behalf of the
City of San Diego by the Director, City Planning; and on behalf cf
the city of Chula Vista by ~he City Manager or his/her designee per
written designation.
The powers of the Public Agencies under this Agreement shall
be subject to those legal restrictions %~hich the County of San
Diego has upon the manner of exercising said power pursuant to
California Government Code section 6509.
The County of San Diego agrees to act as lead agency and
schedule meetings, prepare agendas, record minutes, maintain
records, and conform to other legally required processes pertaining
to reGords, related to the planning and design of the Otay Valley
Regional Park on behalf of the Public Agencies.
SECTION 7. P~ivi!e~es and Immunities.
All of the privileges an immunities from liabi!ity, exemptions
from laws, ordinances and rules, all pension, relief, disability,
workers' compensation, and other benefits which applY to the
activity of officers, agents, or employees of any of the Public
5 A]-[AOHMKNT 1
City AdmL~istration ~ilding, 202 C S%reet,
Fo~r_~ Floor, San Diego, ~ 92101
or City Manager, City
of Chula Vista at 276 4th Avenue, Chula Vista, CA 92010 or to suchV ~'~ ~k~ ;I.
address as the Public Agencies may subsequently specify in writing.
~7--~a-i~-~-~t-i~=m may-~--p~rs~n~i~-se~.va~ ~r---%-h-e--D~r~c'tor--o~-
P~r k~~ ~ c a t ~~-~ ~a~~ ....
SECTION 11. Governing Law.
This Agreement shall in every respect be binding upon the
parties hereto and their ~espective successors and assigns. This
Agreemen~ shall be governed by the laws of the State of California.
SECTION 12. Provisions Required by Law.
Each and every provision of law and clause required by law to
be inserted in this Agreement shall be deemed to be inserted herein
and the Agreement shall be read and enforced as though it were
included herein, and if for any reason any such provision is not
inserted, or is not correctly stated, then upon application of any'
party the Agreement shall forthwith be physically amended to make
such insertion or correction.
SECTION 13. Partial Invalidity.
If any provision of this Agreement or the application thereof
to any person or circumstances shall to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application
of such provision to persons or circumstances other than those as
to which it is invalid or unenforceable, shall be affected thereby,
and each provision of this Agreement'shal! be valid and be enforced
7 A~ACHMENT 1
iN ~!TNESS ~IEREOF, the mettles hereto have csused ~his
Agreement to be executed and attested by =h_i_ Proper officers
thereunto duly authorized, as of th~ date first above written.
CITY O~H~LA VISTA
City Clerk
CITY OF SAN DIEGO
-~. ~v~yr_ City ~¢anager
ASSISTANT TO THE CiTY
City Clerk
C ~h~. rman ~hf~t-he~BQ~ird- of S~peNlsors
Clerk of~e Board of Supe~isors
09/14/89 ~,, ~ ~ --
ATTACHMENT 1
:~.:' .-' ;'~ v :"
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
7:00 p.m. Public Services Building
Wednesday, August 12, 1998 276 Fourth Avenue, Chula Vista
ROLL CALU MOTIONS TO EXCUSE:
Present: Chair Davis, Commissioners Willett, Tarantino, Thomas, O'Neill
Absent: Commissioner Aguilar and Ray
Staff Present: Robert/eiter, Director of Planning and Building
Duane Bazzel, Principal Planner
Ed Batchelder, Senior Planner
Frank Herrera-A., Associate Planner
Edalia Olivo-Gomez, Associate Planner
MSC (O'Neill/Willett) (5-0-2) to excuse Commissioners Aguilar and Ray, who called in asking
to be excused because of prior commitments. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Davis
ORAL COMMUNICATIONS: None
1. PUBLIC HEARING: PCA 98-08 & PCM 98-37; City-initiated proposal to amend the
Growth Management Ordinance; the Growth Management Program;
and the ThresholdJStandards and Growth Management Oversight
Commission Policy, to enact a revised Air Qualit~ Threshold
Standard.
Background: Edalia Olivo-Gomez, Associate Planner, reported that the proposed amendment
to the Air Quality Threshold Standard was a recommendation of the Growth Management
Oversight Commission as part of their annual reporting process. Through this process, the
proposed revisions have been reviewed and conceptually approved by the City Council,
Planning Commission and the Air Pollution Control District.
The procedures within the proposed amended threshold standards have been successfully
applied in spirit as part of the GMOC's 1996-97 annual review. At this time, staff is following
through with the previous City Council and Planning Commission recommendation to finalize
the amendment for final adoption, which requires amendments to the Growth Management
Ordinance, program, and threshold standards policy document.
ATTACHMENT 2
Planning Commission Minutes - 2 - Wednesday, August 12, 1998
Revisions to the Air Quality Threshold Standard address prior APCD comments that the present
standard is impractical in its call for APCD to review the City's 12-18 month growth forecast
and provide comments regarding that forecast's impacts on current and future air quality
management programs. By law, APCD relies on SANDAG's regional ~Series.~ growth forecasts
for their air quality planning and monitoring efforts, and indicated that they had no practical
basis to evaluate such a local growth forecast. The GMOC and APCD concur that the proposed
revised standard is well-reasoned and forms a workable and logical foundation for annual
progress/compliance reporting on air quality improvement efforts at the local and regional
level.
Staff Recommendation: That the Planning Commission adopt Resolution 98-08/PCM-98-37
recommending that the City Council adopt the Draft City Council Ordinance amending Section
19.09.040J of the Chula Vista Municipal Code and draft Council Resolution amending Section
3.11.1 of the City's Growth Management Program, Threshold/Standards, and Growth
Management Oversight Commission Policy, to enact a revised Air Quality Threshold Standard.
Commission Discussion:
Commissioner Tarantino stated that having served on the GMOC, he witnessed a lot
of undirected discussions primarily due to a lack of guidance and commended staff on
the work they did in tightening up the growth standards because this will facilitate -
discussion and give a quantitative measure on what the GMOC is suppose to be doing.
Public Hearing Opened 7:10.
No public input.
Public Hearing Closed 7:10.
MSC (Willett/O'Neill)(5-O-2) to adopt Resolution 98-08/PCM-98-37 recommending that the
City Council adopt the Draft City Council Ordinance amending Section 19.09.040J of the
Chula Vista Municipal Code and draft Council Resolution amending Section 3.11.1 of the
City's Growth Management Program, Threshold/Standards, and Growth Management
Oversight Commission Policy, to enact a revised Air Quality Threshold Standard. Motion
carried.
2.. PUBLIC HEARING: Consideration to recommend to the City Council the adoption of the
Otay Valley Regional Park (OVRP) Concept Plan (PCM-91-08). The
proposed OVRP is located at the southern terminus of the City's
boundary and extends from San Diego Bay to the Otay Lakes
Reservoir, approximately 11 miles.
Background: Frank Herrera-A., Associate Planner, reported that in 1990 a joint staff comprised
of the County of San Diego and the Cities of San Diego and Chula Vista began the process of
obtaining public input and preparing a Preliminary Draft Concept Plan for the formation of the
Planning Commission Minutes - 3 - Wednesday, August 12, 1998
Otay Valley Regional Park. This effort has been guided by a Policy Committee and a Citizen
Advisory Committee (CAC) and has received input from various community groups, park
committees and through public forums. On July 18, 1997, after recommendation by the CAC,
the Policy Committee voted to accept the Preliminary Draft Concept Plan, with modifications
and directed joint staff to proceed to the Planning Commissions and City Council/Board of
Supervisors of each jurisdiction to obtain adoption of the Concept Plan.
The OVRP Concept Plan is a framework plan for the implementation of an 11 mile regional
park extending from San Diego Bay to, and including, the Upper and Lower Otay Reservoirs,
which encompasses salt marsh, riparian and gnatchatcher habitat. To the west, it is contained
by existing urbanization, while the eastern area will soon be changed by planned development.
The Preliminary Draft OVRP Concept Plan is a policy document which provides guidance in
park land acquisition and development and implements the park goal statement by establishing
a boundary, protecting or restoring environmentally sensitive resources and providing
opportunities for recreation and environmental education. The Plan does not preclude
development rights and allows opportunity for private development that could implement the
Plan. The plan contains the framework for a continuous trail system linking the San Diego Bay
with the Otay Lakes Reservoir as well as connection to other regional open space systems. It
recommends staging areas and view points and park areas requiring future study. To allow
flexibility, the Plan is deliberately conceptual and development of park elements will require
future detailed proposals.
A public forum attended by property owners, Councilmember Vargas, Supervisor Cox and CAC
members was held May 17, 1997, in which the preliminary plan was reviewed, and positive
comments were received. On July 18, 1998, the Park Policy Committee consisting of Mayor
Horton, Councilmember Vargas and Supervisor Cox directed joint staff to take the plan forward
for adoption by the individual jurisdictions. The San Diego County Planning Commission on
December 19, 1997 and the City of San Diego Planning Commission on April 30, 1998
recommended adoption of the Preliminary Plan to their respective Board of Supervisors and
City Council.
The Concept Plan is divided into five geographic segments, which include:
1. South San Diego Bay to Interstate 5.
Alternative boundary
Park study area
Open Space/Core Preserve area
Recreation area
Three Trail Corridors
Staging
Viewpoint and Overlook Areas
Interpretive Center
Planning Commission Minutes - 4 - Wednesday, August 12~ 1998 _
2. Interstate 5 to In~;~rstate
Open Space/Core Preserve Area
Six Recreation Areas
Trail Corridors along both sides of the river
Five Staging Areas
Viewpoint and Overlook
3. Interstate 805 to Heritage Road
alternative Boundary
Open Space/Core Preserve Area
Two Recreation Areas
Trail Corridors
Staging Area
Park Study Area
4. Heritaee Road to Otav Lakes Vicinity
Open Space/Core Preserve Area
Two Recreation Areas
Trail Corridors
Interpretive Center
Park Study Areas
5. Otav Lakes Vicinity
Open Space/Core Preserve Area
Six Recreation Areas
Trail Corridors
Environmental Analysis
Duane Bazzel, Principal Planner presented an overview of the environmental analysis of the '
Concept Plan. The MSCP Final EIR/EIS was finaled in January 1997 and was prepared by the
City of San Diego, as lead agency under CEQA and the U.S. Fish and Wildlife Service covering
the NEPA coverage on the document. The City of Chula Vista is acting as a *responsible
agency~ under CEQA and taking any action related to the MSCP and all discretionary actions
and analysis that are covered under the umbrella of this EIR.
The analysis in the MSCP EIR was done at a programmatic level, as opposed to a project-
specific level and as such, it addresses global environmental issues in consistency with the
preserve planning for the MSCP. In order to implement the Regional Park, it necessitates
subsequent environmental analysis with master plans for the Regional Park.
Planning Commission Minutes - 5 - Wednesday, August 12, 1998
Mr. Bazzel indicated that there are three non-environmental issues related to the concept plan
they are:
1. ProPerty Rights, Staff included policies which address the concern for individual's property
rights for property ownership within the potential boundary of the Regional Park which
, include current zoning and General Plan designations still being in effect where an
individual would still have an opportunity to submit development applications to the
corresponding jurisdiction until such time as zone changes or General Plan Amendments
occur.
2. Ac~luisition of ProF~erty. Staff included policies in the Concept Plan which clarify that land
acquisition will only be acquired through willing sellers.
3. Lone-term management and operational structure of the Park. The ultimate jurisdictional
control and maintenance and operation of the park has not yet been determined, and will
be reviewed in the next level of analysis.
Staff Recommendation: That the Planning Commission adopt resolution recommending that
the City Council adopt the Otay Valley Regional Park Concept Plan in accordance with the
resolution.
Public Hearing Opened 7:30.
Margaret Vanduche, 266 B Ranch Drive, Chula Vista stated that although she recognizes this
is a conceptual plan, she is concerned with noise impacts because she lives directly in front
of what is designated to be a recreational area.
Rosemary Munoz, 291 Palm Avenue, stated she is concerned with traffic impacts and
children's safety in an already heavily traveled area.
Frank Herrera-A. addressed Ms. Munoz' concerns and stated that the area which she is referring
to is an area that is designated as Open Space with no access to the park and will not be
impacting the neighborhood.
Loretta Munz, 288 Palm Avenue, expressed concern with impacts on the wildlife in the Otay
River Valley.
Duane Ba77el stated that the Otay River Valley area is designated as a strong wildlife linkage
as part of the MSCP and the OVRP also plans to preserve it as a wildlife linkage.
Carl Kurt, 302 Rancho Drive, Chula Vista stated he supports the overall concept plan but
expressed concern with the area's allurement of the homeless and related debris trap.
Public Hearing Closed 7:43.
Planning Commission Minutes - 6 - Wednesday, August 12, 1998 -
Commission Discussion:
· Commissioner O'Neill commended staff and the various committees and advisory groups,
of which Commissioner Willett was a part of, for the hard work they put into the
preparation of the Concept Plan.
Vice Chair Willett gave a historical overview of the inception of the park concept plan,
when in 1988, then, Mayor Greg Cox and Supervisor Brian Bilbray invited him to lunch,
as a member of the Parks and Recreation Commission, to discuss the envisioned regional
park stretching from the San Diego Bay through the Otay River Valley to the Reservoir.
MSC (Willett/Thomas) (5-0-2) that the Planning Commission approve Resolution PCM 91-08
recommending that the City Council adopt the Otay Valley Regional Concept Plan. Motion
carried.
3. PUBLIC HEARING: PCM 99-02; Otay Valley Road Name Change.
Bob Leiter, Director of Planning and Building reported that due to additional work that needs
to be done on some of the financial impacts of the project, this item is being canceled and will
be reschedule to a later date.
DIRECTOR'S REPORT
1. Report (~r~ (~onsolidation of Planning and Building DeDartment. Report was considered and
approved by the City Council on August 1 t, 1998, and a copy of the report was included
in the Planning Commission packet for information purposes.
Commissioner Willett stated that a concerted effort needs to be made to ensure that
adequate dissemination of information be made available to the general public informing
them where to go for services which have changed with the recent department
reorganizations of Parks and Recreation, Planning and Building Departments, and
recommended that the Chamber of Commerce be kept informed of these changes.
2. Interim staff support to Plannin~ Commission. Mr. Leiter reported that he will be the
interim lead advisor to the Planning Commission until such time that the Assistant Director
of Planning is hired, which will be approximately three months. Rick Rosaler is the interim
lead advisor to the Design Review Committee and Duane B~77el is the advisor to the Parks
and Recreation Commission on park planning issues as well as working with GMOC.
3. Cit~ Council AD,roved Items.
· On August 11, Council unanimously approved a proposal to create the Kenneth Lee
Memorial Award for Community Planning that will be part of the beautifications award _
program. In addition, SDG&E has indicated their desire to sponsor and endow the
award tc~ pay for the plaques.
Planning Commission Minutes - 7 - Wednesday, August 12, 1998
Temporary paving ordinance
East Manor Street rezone
Upheld DRC and Planning Commission's recommendation to approve the office
building project next to the Auto Plex on Broadway and denied the appeal.
Mr. Leiter reported that the Eastlake Trails SPA Plan and the Otay Ranch SPA I West SPA
Plan will be discussed at the Planning Commission workshop of August 19, and the Draft
EIR's for those two projects will be discussed at the Regular Planning Commission meeting
of August 26.
OTHER BUSINESS
COMMISSIONER (;OMMENTS
Commissioner O'Neill reaffirmed his desire to have the Planning Commission spearhead the
endeavor to memorialize Ken Lee by naming a park after him.
The Commission and staff wholeheartedly supported the recommendation.
ADJOURNMENT at 8:00 to the next regular Planning Commission meeting of August 26,
1998.
Diana Vargas, Secretary to Plannir~Commission
RESOLUTION NO. PCM-91-08
RESOLUTION OF TFIE CITY OF CI~ULA VISTA PLANNING
COMMISSION RECOMMENDING THaT ~ CITY COUNCIL ADOPT
THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN
WHEREAS, the Otay Valley Regional Park Concept Plan is a comprehensive document
prepared jointly by the County of San Diego and the Cities of San Diego and Chula Vista; and
WHEREAS, the Planning Commission of the City of Chula Vista held a public hearing for
the purpose of considering adoption of the Otay Valley Regional Park Concept Plan; and
WHEREAS, the Planning Commission set the time and place for a hearing on said document
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.
August 12, 1998 of hearing in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, program-level environmental review of the.. Concept Plan has been
accomplished through the City of San Diego's Multiple Species Coriservation Program Plan EIRfEIS
(Report No. LDR 93-0287) ("MSCP EIR/EIS"), which was certified as Final on March 18, 1997 by
the Council of the City of San Diego; and
WHEREAS, with respect to the Otay Valley Regional Park Concept Plan the MSCP EIR/EIS
concluded that there would be no significant environmental impacts which could not be mitigated
to a level of"less that significant."
WI-IEREAS, the Planning Commission of the City of Ch~tla Vista has considered all maps,
exhibits and wrtten documents contained in the file the Otay Valley Regional Park Concept Plan on
on record in the City of Chula Vista, and has any and all oral and written presentations given at the
public hearing;
NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council: 1) detemdne that the MSCP Final EIR/EIS is adequate for
purposes of adopting the OVRP Concept Plan, 2) consider the environmental effects of the OVRP
Concept Plan contained in the MSCP Final EIR/EIS, 3) adopt the necessary CEQA findings pursuant
to CEQA Guidelines Section 15091, and 4) adopt the OVRP Concept Plan in the fom~ presented;
all in substantial accordance with the terms and conditions of the attached Draft City Council
Resolution.
BE IT FURTHER RESOLVED, that a copy of the Resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this August 12, 1998, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Patty Davis, Chair
ATTEST:
Diana Vargas, Secretary
(H:kHOMEkPLANNINGh~RAIqK\OVRP-RF~.PC)
OTAY VALLEY REGIONAL PARK (OVRP) -
GOAL STATEMENT
Adopted by the OVRP Policy Committee: June 1, 1990
"Otay Valley Regional Park will represent one of the major open space areas within the
southern area of San Diego County linking south San Diego Bay with Lower Otay Lake.
The park will fulfill the need to provide a mix of active and passive recreational activities
while protecting environmentallysensitive areas, protecting cultural and scenic resources,
and encouraging compatible agricultural uses in the park.
To insure that Otay Valley Regional Park meets the diverse goals of a regional park,
attention shall be focused not only on providing facilities and protecting resources, but on
adjacent land uses to insure compatible development, buffering, and linkages with other
regional resources.
A comprehensive management plan shall be implemented that will not only address the
long term management of the park, but will also provide for the protection of visitors and
park neighbors, develop environmental and recreational programs, and enhance park/open
space activities and resources."
ovrp\goalstmt
ATTACHMENT 3
OTAY VALLEY REGIONAL PARK PLANNING HISTORY
The concept of creating a regional park in the Otay Valley was first introduced to the
Mayor and City Council by foi i.er Mayor Greg Cox in a memorandum dated April 6,
1988, recommending that the planning effort for the park be a cooperative one involving
the Cities of San Diego and Chula Vista and the County of San Diego.
On February 24, 1990 a park planning workshop was conducted:by~.ta~ r. eprese~ting
the three jurisdictions (Joint Staff). The workshop was attended by. approxim, ately 85
participants composed of community members, property owners, special interest
groups, and local agency representatives.. The wo _rkshop generated preliminary ...
information about existing resources and issues in the area, and recommended goals.
On April 30, 1990 the City Council adopted the Joint Exercise of Powers Agreement
among the Count_ of San Diego and the Cities of Chula Vista and San Diego for
Planninq .and Acquisition for the Otay Valley Regional Park (JEPA, Att~-hment 1). The
JEPA was also adopted by the City of Chula Vista and the County of San Diego that
year. The JEPA established a three member Policy Committee consisting of a County
Supervisor, the Mayor of Chula Vista, and a San Diego Councilmember; the current
representatives are Supervisor Greg Cox, Mayor Shirley Horton, and Councilmember
Juan Vargas, respectively. The JEPA also established a 30-member Citizens Advisory
Committee (CAC) whose purpose is to advise the Policy Committee.
The JEPA requires that a Focused Planning Area boundary (FPA) within which the
public agencies shall exerc!se their powers under the agreement be established and
adopted by the agencies. Both the FPA (Attachment 2) and Goal Statement
(Attachment 3), which describes the regional park mission and guides the
comprehensive planning effort, were approved by the Policy Committee on June I,
1990. in order to establish a stronger commitment to the park planning effort, on
October 2, 1992 the Policy Committee recommended that each agency adopt the FPA
and Goal Statement. The FPA and Goal Statement were approved by the City Council
on December 8, 1992, and subsequently approved by-the County and the City of Chula
Vista. The FPA and Goal Stat~mep, t ha~....~=~p~;l, ~...parameters f~.~egional park
planning efforts and acquisition strategies since that time.
In October, 1990 the Policy Committee accepted the OVRP Progress Plan prepared by
Joint Sta~, and directed Joint Staff to work with the CAC, property owners and other
interested parties to use the Progress Plan as a basis for creating a Concept Plan that
would be adopted by the three member agencies. The Progress Plan had served as a
basis for the Concept Plan, and as a guide for property acquisitions and working with
related planning efforts during the ensuing years.
-1-
ATTACHMENT 4
During the time period of 1993-1995 Joint Staff prepared early drafts of the Concept
Plan, and revised these drafts based upon public input and recommendations of the
CAC and Policy Committee. In 1995, the Policy Committee reviewed an early draft
map for the Concept Plan and directed that a descriptive, accompanying text be
prepared and that the Concept Plan be completed after additional public ~-eview and
comment. On January 17, 1997 the CAC voted 12-0-1 to recommend approval-of the
Preliminary Draft Concept Plan map and text with the addition of twopolicies: On
February 21, 1997 the Policy Committee voted 3-0 to approve modifications to the
prel!mina~y Draft Concept Plan recommended by both the-CAC ra~nd Joint Staff: The
Policy c0rnmittee also directed Joint Staff to cOndu~t a ~roperty. owner's forum and
public meeting to provide additional opportunity for public input prior to the PC taking
further action.' This fOrumwas held on May 1771997::': ....... ::~ -
~ .- ~.-:' . - ~ :.. -,, ~..~.
On June 26, 1997 the City of San Diego Planning Commission conducted a public
workshop to discuss the status of the Otay ValleyRegional Park planning effort and
review the Preliminary Draft Concept Plan. The Planning Commission-accepted the
info~'mation report and directed staffto expand the Preliminary Draft Concept Plan to
provide a discussion of park ownership, acquisition and implementation strategy. Joint
Staff has prepared this discussion for inclusion in Chapter 4, Future Actions, of the
Final Draft Concept Plan (see Attachment 4).
On July 18, 1997 the Policy Committee accepted the Draft Concept Plan, with '-
modifications and directed staff to proceed to the Planning Commissions and City
Councils/Board of Supervisors of each jurisdiction for adoption of the Concept Plan.
On December 19, 1997 the San Diego County Planning Commission voted
unanimously to recommend to the County Board of Supervisors adoption of the
Concept Plan. The adoption process will include consideration of the Concept Plan by
the three jurisdiction's Planning Commissions and City Councils/County Board of
Supervisors.
-2-
ATTACHMENT 4
RCC Minutes -2- DRAFT A rill6 2001
Mr. Hinshaw went on to say that the project site is a nine-lot subdivision that
would be served by the extension of El Loro Street. One thing unusual about the
project is a retention basin that will be built for the runoff from the property to
ensure that the storm drain is not overloaded. A drainage study was done and
reviewed by the City Engineering Department and found to be adequate and met
all City standards for runoff. A soil study was submitted. Also a truck traffic study
because there were concerns about truck traffic on El Lugar Street and El Loro
Street. The lot sizes range from 7,000 square feet to 10,969 square feet. The
project is designed to be consistent with the City's General Plan, Montgomery
Specific Plan and the Zoning Ordinance. The Iocator map (Exhibit A) is incorrect.
The project does not front onto Fourth Avenue.
Commissioner S. Thomas had concerns regarding the drainage, and
Commissioner T. Thomas recommended that a monitor inspect the retention
basin after construction.
MSC (BulI/S. Thomas) to accept staffs' recommendation for the
Mitigated Negative Declaration. Vote: (5-0-0-1) with Diaz absent.
1. Otay Valley Regional Park Overview
Mr. Frank Herrera-H (Associate Planner), assisted by Mr. Duane Bazzel
(Principal Planner), gave an overview of the Otay Valley Regional Park (OVRP)
Concept Plan. The Otay River Valley is one of Chula Vista's great natural
resources stretching over 11 miles from south San Diego Bay to the San Ysidro
Mountains. That encompasses salt marsh, riparian habitat, gnatcatcher habitat
and the Otay Lakes Reservoir to name a few environments. This is a multiple
jurisdictional effort by the City, the County and the City of San Diego in
developing the OVRP Concept Plan in cooperation with a citizen's advisory
committee. The preliminary draft of the OVRP .Concept Plan has received
opinions from various community groups, park committee and through public
forums. Joint staff has been working to ensure that residents and future
generations will enjoy this resource. The Plan is a policy document that provides
guidance in park plan acquisition and development. The Plan implements the
park goals statement by establishing a boundary, protecting environmentally
sensitive resources and providing opportunities for recreation and environmental
education. The Plan does not preclude private development rights; however, it
allows opportunities for private development with an implemented plan. The
Concept Plan describes areas that are appropriate for recreational development
and environmentally sensitive areas that should be preserved or restored. It
provides the framework for a continuous trail system linking San Diego Bay to the
Otay Lakes Reservoir and provides connection to other regional open space
systems. It recommends staging areas and viewpoints and potential park areas
DRAFT
RCC Minutes - 3 - April 16, 2001
requiring future study. To allow flexibility, the Plan is deliberately conceptual.
Development of individual park areas or elements will require future detailed
proposals. These could occur as funding becomes available.
The orange areas on the plan signify potential active recreation. There are
already notable commercial developments within the orange areas (i.e., Coors
Amphitheatre, Knott's Soak City and golf/driving range and go-cart). These are
needed to generate revenue for the park.
Commissioner Bensoussan stated that, if too many of those types of operations
are put in the regional park, it is not going to resemble a regional park. She also
asked what would happen to the Western Salt Works on this Plan. Mr. Herrera-A
indicated that the San Diego Port District has purchased the Western Salt Works
and transferred it over to the U.S. Fish & Wildlife Service as a wildlife refuge. The
Western Salt Works will continue operating for the next 5 years.
MSC (Bensoussan/Bull) a recommendation to support the Plan with
preserving most of it as true open space and curbing commercial
recreational facilities as much as possible. Vote: (5-0-0-1) with Diaz
absent.
3. IS-01-025 - Fourth Avenue & James Court Tentative Parcel Map (Lot Split)
Ms. Maria Muett (Associate Planner) indicated that the project site consists of a
0.35-acre parcel. The site contains one existing home. The applicant is proposing
to divide this parcel into two legal parcels. An administrative vadance is required
to allow the following: a) the reduction in the lot size of Parcel 1 and Parcel 2, b)
reduce the rear yard setback on Parcel 1, c) trade the locations of the exterior
and interior side yard setbacks on Parcel 2, and d) reduce the rear yard setback
on Parcel 2. The applicant will be required to install curb, gutter and sidewalk
improvements along James Court. The proposed Tentative Parcel Map will not
conflict with the General Plan designation. Staff recommends certification of the
Negative Declaration. It has been determined that the proposed project will not
have a significant environmental effect.
MSC (BulI/T. Thomas) to accept staffs' recommendation. Vote: (5-
0-0-1) with Diaz absent.
4. IS-01-034 - 498 Moss Street (Lot Split)
Ms. Muett indicated that this is an in-fill project that currently contains one single-
family residence and two small accessory structures. The Tentative Parcel Map
indicates that the project will be divided into three pamels. The existing single-
family residence will be relocated to Parcel 1 in order to comply with setback
DRAFT
ATTACHMENT 5
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING
THE OTAY VALLEY REGIONAL PARK CONCEPT PLAN CREATING A
REGIONAL PARK THROUGHOUT THE OTAY RIVER VALLEY EXTENDING
FROM SAN DIEGO BAY TO UPPER AND LOWER OTAY RESERVOIRS
WHEREAS, the County of San Diego Board of Supervisors and the Cities of San Diego and Chula
Vista entered into a Joint Exercise of Powers Agreement ("JEPA") in 1990 for the cooperative joint planning
of a concept plan for the creation of a regional park for the Otay Valley, and
WHEREAS, the Otay Valley Regional Park Concept Plan ("Concept Plan") is a comprehensive
document prepared jointly by staff of the County of San Diego and the Cities of San Diego and Chula Vista,
and
WHEREAS, a Policy Committee made up of one elected representative from each jurisdiction's
governing Board or Council recommended that said Concept Plan be forwarded for consideration of
adoption by said governing Board and Councils on July 18, 1997, and
WHEREAS, the City of Chula Vista Planning Commission held a public hearing on August 12,
1998 (with a summary review on October 10, 2000) and voted unanimously to recommend that the City
Council adopt the Concept Plan, and
WHEREAS, the City of Chula Vista, acting as a "Responsible Agency," is required to determine
that the MSCP EIR/EIS is adequate for its purpose, and consider the environmental effects of the Otay
Valley Regional Park Concept Plan project, as identified therein, and
WHEREAS, the City Council set the time and place for a hearing on said Concept Plan 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 and residents within an area greater than 300 feet
of the exterior boundaries of the property at least 10 days prior to the hearing in accordance with
Government Code Sections 65358, 65090 and 65091(a)(1) and (2i and Chula Vista Municipal Code
Section 19.06.010, 19.07.010 and 19.12.070; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 15,
2001 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was
thereafter closed.
NOW, THEREFORE BE IT RESOLVED THAT from the facts presented to the City Council, the
Council: 1) finds in accordance with Section 15096 of the State of California Environmental Quality Act
(CEQA) Guidelines, that the City of Chula Vista, as a responsible agency under CEQA, has considered
the environmental effects of the project as shown in the City of San Diego's Multiple Species
Conservation Program (MSCP) Environmental Impact Report (EIR) / Environmental Impact Statement
(EIS) prepared by the lead agency dated March 18, 1997, and has reached its own conclusion on whether
and how to approve the project, and 2) adopts the OVRP Concept Plan in the form presented.
Presemed by Approved as to form by
Robert A. Leiter John M. Kaheny
Director of Planning City Attorney
(H:\PLANNING\DUANE\OVRP-RESO.CC)
REGIONAL PARK
CONCEPT PLAN
Prepared By:
County of San Diego
· Parks and Recreation Department
City of Chula Vista
· Planning Department
· Parks, Recreation and Open Space Department
City of San Diego
· Community and Economic DeveLopment Department
· Park and Recreation Department
CONCEPT PLAN
OTAY VA! .! EY REGIONAL PARK
CONCEPT PLAN
RECORD OF RECOMMENDATION, ACCEPTANCE AND ADOPTION
PRELIMINARY DRAFT, recommended by This document has been corrected
Otay Valley Regional Park to reflect existing conditions as of
i Citizen Advisory Committee February 1, 2001.
.~ February 21, 1997
George Hanson, CAC Chair
REVISED DRAFT, accepted by
Otay Valley Regional Park
Policy Committee
July 18, 1997
Greg Cox, Supervisor
County of San Diego, First District
Shirley Horton, Mayor
City of Chula Vista
Juan Vargas, Councilmember
City of San Diego, Eighth District
ADOPTED
COUNTY OF SAN DIEGO ATFEST:
Chairman of the Board of Supervisors Clerk of the Board of Supervisors
CITY OF CHULA VISTA ATTEST:
: Mayor City Clerk
CITY OF SAN DIEGO ATTEST:
.. Mayor City Clerk
CONCEPT PLAN
OTAY VA!-! ~F'_y REGIONAL PARK
CITIZEN ADVISORY COMMITTEE
CURRENT AND FORMER J~MBERS
Alma Aguilar Ranie Hunter
' Fred Arbuckle Melvin Ingalls
~ Linda Bartholomew Ralph Inzunza
Joe Berlanga Richard lnzunza
Fred Borst Jan Johnston
John Bowen Allen Jones*
Charlene Burleson* Kathleen Kastlunger
Rod Cameron Dick Kau
Andy Campbell* Pat Kruer
Joann Carson Louis Lake
Michelle Castagnolla* George Loustalet
Antonio Castro Patricia McCoy*
Chris Chase Eugene McMurdy
Marco Cortes* Gregory Medico
· Fred Creveling James Miller
John Crouse Linda Lee Mowery
Magali Curtis Ken Munson
i Vince Davies Don Nay
' Roque De La Fuente Stephen Neudecker
Roy DeVault Christine Olguin
Wayne Dickey Steve Palma*
Charles Dow Tom Pasqua*
Greg Fay Chris Patek*
Pete Flores* Pat Patek
Dave Fredricksen Carolyn Powers*
Jennie Fulasz Verna Quinn*
Doug Fuller Yolanda Ramos*
Susan Fuller Candace Ricks
Don Gardner Karl Schneider
David Gomez* Ruth Schneider*
Carol Gove* Paul Slayton*
Michelle Grifka Ross Spalding
'~ Val Guerra* Ann Steiner
-.~ Archie Hall Martin Thompson
Donn Hall Charles Valkenburgh
John Hammond* David Van De Water
George Hanson0 Bruce Warren
Laura Hunter John Willett*
*These individuals were CAC members at the time the CAC recommended approval of the
preliminary draft Concept Plan (February 21, 1997).
0 Was Chair of the Citizen Advisory Committee on February 21, 1997 when it
recommended approval of the Preliminary Draft Concept Plan.
CONCEPT PLAN
· TABLE OF CONTENTS
EXECUTIVE SUMMARY Page 1.
· CHAPTER 1. - INTRODUCTION Page 5
CHAPTER 2 - EXISTING CONDITIONS Page ! 5
CHAPTER 3 - CONCEPT PLAN Page 23
CHAPTER 4 - FUTURE ACTIONS Page 51.
APPENDIX Page 55
CONCEPT PLAN
EXECUTIVE
SUMMARY
CONCEPT ~LAN ~
EXECUTIVE SUMMARY OTAY VALLEY REGIONAL PARK PLANNING
EFFORT
...... -~ ..... '-~ This Otay Valley Regional Park (OVRP) Concept Plan is
the result of a multi-jurisdictional planning effort in the
Otay River Valley by the County of San Diego and the
...~.~t2~_. ~-~_~ cities of Chula Vista and San Diego. In 1990~ the jurisdic-
tions entered into a Joint Exercise of Powers Agreement
(JEPA) for coordinated planning, acquisition and design
for OVRP. The JEPA established a 3-member Policy Com-
mittee (PC) of elected officials and a 30-member Citizen
Advisory Committee (CAC). In 1995 the PC and the CAC
reviewed a draft map for the Concept Plan and directed
that the Concept Plan be completed after additiona~ pub-
lic review and comment.
COMMUNITY INVOLVEMENT
The South Bay community has been ctosely involved with development of this Concept Plan.
The CAC, representing a variety of stakeholders in the Otay Valley, has provided ongoing
input into plans for OVRP. Community, environmental, recreational~ property owner, deveP
oper, resident and special interest groups were consulted throughout ~ 995 and ! 996 through
presentations of the prdiminary draft Concept Plan's map.
CONCEPT PLAN
The p~anning area for OVRP is ~ocated in the southern portion of San Diego County, four mi~es
north of the United States/Mexico International Border. The Regional Park, encompassing
more than 8,000 acres, will extend about 11 miles from the southeastern edge of the salt
ponds at the mouth of the river, through the Otay River Valley, to the land surrounding both
Lower and Upper Otay Lakes. Environmental and urban conditions considered in preparing
this Concept Plan were topography/land form, hydrology, biological resources, cultural re-
sources, General and Community Plans, zoning and other regulations, and existing and planned
land uses.
The Multiple Species Conservation Program (MSCP) and
the US Fish and Wildlife Service San Diego National Wild-
life Refuge are regional public planning efforts that in-
clude the Otay River Valley. In general, the goals of these
programs are complementary, seeking to protect sensi-
tive environmental resources in the region within a frame-
work of private property rights. This Concept Plan has
been prepared to complement those future plans. Simi-
larly, those plans provide synergy for creation of the Re-
gional Park.
Much of the land within the Concept Plan is privately owned and has development potential
based on existing zoning, land use plans and other development regulations. The Concept
Plan does not change existing zoning, land use plans or add new development regulations. It
does not preclude private development. It provides policy direction for the jurisdictions for
coordinated land acquisition and development for the Regional Park within this framework of
private property rights.
OTAY VALLEY REGIONAL PARK ,,
-' The Concept Plan proposes a boundary for OVRP and, following the direction of the Policy
Committee in the OVRP Goal Statement adopted in 1990, it:
::~ · provides for the protection of environmentally sensitive areas and important
cultural resources by identifying an open space core/preserve area,
~.. · identifies areas adjacent to the open space core for active and passive recre-
"='~ ational development opportunities
· includes a trail system with staging areas, viewpoints and overlooks and con-
nections to recreation areas and adjacent public lands and trails, and
..--: · envisions two interpretive centers for environmental and educational programs.
The Concept Plan consists of a text and map.
Elements of the Concept Plan are:
· Boundary
:: ~ · Alternative Boundary
:!:' · Open Space/Core Preserve Area
· Recreation Area
=':' * Trail Corridor
:::.~ · Staging Area
· Viewpoint and Overlook Area
:=, * Interpretive Center
'.: * Park Study Area
These Elements are applied throughout the Concept Plan area. To provide a more detailed
explanation of the application of the Elements, the Concept Plan area is divided into five
geographic Segments.
Segments of the Concept Plan are:
· South San Diego Bay to Interstate 5
,:.:: * Interstate 5 to Interstate 805
:':': · Interstate 805 to Heritage Road (Pasco Ranchero)
?':' * Heritage Road (Paseo Ranchero) to Otay Lakes Vicinity
· Otay Lakes Vicinity
FUTURE PLANNING AND IMPLEMENTATION
Adoption of this Concept Plan does not result in modification of existing jurisdictional bound-
aries, change existing zoning or land use plans or add new development regulations. How-
ever, it may be necessary for each jurisdiction to adopt amendments to General, Community
and Specific Plans, as well as rezone land to be consistent with the Concept Plan Elements as
they are acquired or developed by the public agencies.
:: Implementation actions may range from the preparation of comprehensive master plans and
:i-': overall design guidelines to acquisition and development of specific areas of the park. Coop-
erative acquisition, planning and design of OVRP is expected to continue under the JEPA
:i~: adopted in 1990; however, new multi-jurisdictional agreements may be necessary to address
::- coordinated operational maintenance responsibilities.
· --: , CONCEPT PLAN
CHAPTER
INTRODUCTION
CONCEPT PLAN
INTRODUCTION TO
OTAY VALLEY
REGIONAL PARK "~'
AND THIS
CONCEPT PLAN ~,
INTRODUCTION
The Otay River Valley has a rich history of human occu-
pation and resource use. Over 9,000 years ago, prehis-
toric Native Americans were early inhabitants, taking
~'~ · ' advantage of the Valley's abundant natural resources.
'~ In the 1770s, Father Serra chose the Otay River Valley
as his first camp as he traveled north to establish the
missions in what is now California. In the early 1800s,
vast Spanish ranchos covered the area and cattle grazed
on the gentle mesas surrounding the river. Later, pio- ~
neer farmers and wine makers settled the valley, attracted
by its fertile soils. South San Diego Bay became the
source for commercial salt production in the 1850s. In
the 1900s, Otay Dam was built to support growth in
San Diego and the length of the river has been a source
of sand and gravel resources since the 1920s.
Today, with increasing urbanization, land use in the Val-
ley is still changing. With the creation of Otay Valley ...
Regional Park (OVRP), the Otay River Valley will con-
tinue to serve its south bay residents and visitors by pro-
viding recreation opportunities ranging from playing
fields and picnic areas to-hiking, biking and horse trails,
while protecting open space, wildlife, historic, agricul-
tural, and archaeological resources.
This Concept Plan forms the basis for creation of OVRP.
OTAY VALLEY REGIONAL PARK
GOAL STATEMENT
· .~ The OVRP Policy Committe (PC) The Otay Valley Regiona~ Park will represent one of the
:"' adopted this Goal Statement on major open space areas within the southern area of San
~ June 1, 1990. Diego County, linking south San Diego Bay with lower
.::.:. Otay Lake. The park will fulfill the need to:
· Provide a mix of active and passive recreational
.: activities,
· Protect environmentally sensitive areas,
~ · Protect cultural and scenic resources, and
· Encourage compatible agricultural uses in the
park.
· ~ To insure that Otay Valley Regional Park meets the di-
=>' [:'~ verse goals of a Regional Park, attention shall be fo-
~- cused not only on providing recreation facilities and pro-
¥ tecting resources, but on coordinating the park's deve -
:':: opment with adjacent land uses to insure compatible
development, buffering, and linkages with other regional
:=:; resources.
A comprehensive management plan shall be imple-
=: mented that will not only address the long term man-
.-': agement of the park, but will also:
': · Provide for the protection of park visitors and park
:.. neighbors,
· Develop environmental and recreational pro-
:.? grams, and
'::: · Enhance park/open space activities and re-
sources.
OVERVIEW OF THE CONCEPT PLAN
_.i A Joint Exercise of Powers This Concept Plan is the result of a multi-jurisdictional
Agreement (JEPA) for coordi- planning effort in the Otay River Valley by the County of
:, nated acquisition, planning and San Diego and the cities of Chula Vista and San Diego.
· , design of OVRP was executed on Much of the land within the Concept Plan is privately
January 30, 1990. owned and has development potential based on exist-
?) (See Appendix A) ing zoning, land use plans and other development regu-
=;.. lations. The Concept Plan does not change existing zon-
ing, land use plans or add new development regulations.
::: It does not preclude private development. It provides
-'. policy direction for the jurisdictions for coordinated land
acquisition and development for the Regional Park, within
. this framework of private property rights.
-. , CONCEPT PLAN []
This Concept Plan does not call It proposes a boundary for OVRP and, following the di-
for specific types of recreational rection of the Policy Committee in the Goal Statement,
development or give detailed "
design plans for specific areas. · provides for the protection of environmentally
These development decisions will sensitive areas and important cultural resources
be made as master plans and site in an open space core,
specific development plans are
prepared. · identifies areas adjacent to the open space for
active and passive recreational development op-
portunities,
· includes a trail system with staging areas, view
points and overlooks and connections to adja-
cent public lands and trails, and
· envisions two interpretive centers for environmen-
tal and educational programs.
The Concept Plan consists of both this text and the ac-
companying map.
ORGANIZATIONAL STRUCTURE
Present Policy Committee Policy Committee '"
Members
· County Supervisor Gte§ Cox The Joint Exercise of Powers Agreement (JEPA) estab-
(District l) lishes a three member Policy Committee (PC), consist-
. San Diego Council Member lng of one member from each participating jurisdiction,
Juan Vargas (District 8) to set policy for the Regional Park. The PC members
· Chula Vista Mayor Shirley are appointed by their respective Board and Councils
Horton and have traditionally represented the districts which
include the Otay River Valley. The PC provides direc-
Past Policy Committee tion to the jurisdictions and to the Citizens Advisory Com-
mittee (CAC), makes decisions about planning and ac-
Members quisition for the park, and provides recommendations
· Bob Flirter, former San Diego relating to OVRP to their respective jurisdictions.
City Council Member, District
8, (now U.S. Congressman),
· Greg Cox, Gayle L. McCandliss
and Tim Nader, former Chula
Vista Mayors
· Brian Bilbray, former County
Supervisor, (now U.S. Con°
gressman)
OTAY VALLEY REGIONAL PARK
Citizen Advisory Committee
· ' The JEPA also establishes a 30-member Citizen Advi-
"~"!~ sory Committee (CAC) to advise the PC on matters re-
:-~ lating to the planning, acquisition, and design of OVRP.
~: :~ The CAC also advises the PC on land use matters within
'~ the Focused Planning Area that could impact the Re-
gional Park.
CAC membership has traditionally included people rep-
resenting community organizations, property owners, de-
velopers, businesses, residents and recreation and en-
vironmental interest groups.
April 22, 1994
Jurisdictional Staffing Joint Staff
: · County Parks and Recreation The planning effort is implemented by staff from each
Department jurisdiction. Joint Staff provides technical park planning
· San Diego Departments of Com- support and administrative assistance to the PC as well
munity and Economic Develop- as to the CAC. The County of San Diego has the lead for
ment and Park and Recreation administrative responsibilities and maintains the official
· Chula Vista Departments of records for the JEPA.
Planning and Parks, Recreation
and Open Space Joint Staff and the planning effort received significant
assistance in early outreach to the community from the
US National Park Service (NPS) Rivers and Trails Con-
servation Assistance Program.
· . CONCEPT PLAN
This Program was instrumental in providing technical
assistance and with this help:
· a Work Program was formulated to provide struc- '-:~'
ture for Joint Staff efforts,
· a community workshop was held to elicit the vi- ~'~
sion of area residents,
· the Focused Planning Area was established to -~
focus the planning effort,
· a brochure was designed and printed to develop
community support for the Park,
· the Goal Statement was set forth to identify the
goals for the Park, and
· The PC accepted the Progress ° a Progress Plan was developed to provide a work- -.'~
Plan on October 5, 1990. lng diagram of the proposed OVRP for interim
guidance for discussions about development of ~.
OVRP.
Executive Management Team
~San Diego County Deputy An Executive Management Team (EMT) consisting of
Chief Administrative Officer one management representative from each jurisdiction,
Chula Vista City Manager was formed for OVRP in February, 1992. The EMT pro-
.San Diego Deputy City Man- vides a unified vision for the Regional Park and assures
ager the commitment for staffing and resources from each
jurisdiction for the Park efforts. ':"
FOCUSED PLANNING AREA (FPA)
The FPA was adopted by the This Concept Plan falls within an FPA established for the
jurisdictions in December, 1992 Park. The FPA stretches about thirteen miles along the
and January, 1993, with Chula Otay River from South San Diego Bay to the Otay Lakes
Vista designating the areas of and includes most of the drainages into the Otay River.
Wolf, Salt Creek and Poggi See Appendix B.
Canyons as "Special Study Areas
(SSAs)." Adopted by the jurisdictions, it focused the planning ef-
forts for this Concept Plan and identifies the area where
private development plans may affect future develop-
ment or enjoyment of the Park.
OTAY VALLEY REGIONAL PARK
OTHER REGIONAL PUBLIC PLANNING
EFFORTS IN THE OTAY RIVER VALLEY
"~' Several regional public planning efforts are being
_ dertaken that include the Otay River Valley. In general,
:"~:..-~ the goals of these planning efforts are complementary,
" seeking to protect sensitive environmental resources in
?-~ the region within a framework of private property rights,
;: These regional plans have shaped the development of
the OVRP Concept Plan. This Concept Plan has been
prepared to complement those future plans, just as they
will provide synergy for creation of the Regional Park.
.=. ~Multiple Species Conservation The Multiple Species Conservation Program (MSCP) is
..~ Program (MSCP) a comprehensive habitat conservation planning program
·: for the southwestern portion of San Diego County. The
MSCP identifies the open space core of the OVRP Con-
i'." cept Plan as open space in its Multiple Habitat Planning
Area. Recognizing the importance of this regional con-
servation effort, the Concept Plan has been developed
' ': to be consistent with the MSCP. Uses and development
; ~ of the Regional Park will be subject to the development
guidelines of the MSCP in order to meet regional goals
~. of protecting important environmentally sensitive areas.
· US Fish and Wildlife Service The San Diego National Wildlife Refuge will be the U.S.
:~ San Diego National Wildlife Fish and Wildlife Service's contribution, in cooperation
· :'"" Refuge with the MSCP plan and other conservation plans, to
conserve and manage wildlife habitats and to provide
::.. for wildlife-related public-use opportunities in the San
.!'i Diego Region. As currently planned, the Refuge would
be comprised of Otay-Sweetwater, Vernal Pools, and
: · South San Diego Bay refuge units.
: METHODOLOGY AND PLANNING
·· CONSIDERATIONS
Community Involvement
·., The South Bay community has been closely involved
·. with development of this Concept Plan. A Community
' Workshop co-sponsored and facilitated by the NPS in
~ the formative year of the planning effort elicited com-
?i munity concerns and visions for the future of the Otay
~ River Valley.
:, i CONCEPT PLAN
These community visions were formalized by Joint Staff
and the NPS in the OVRP Progress Plan, an early plan-
ning document that served to frame discussions about
acquisition and development of OVRP in early stages of "':'
park planning.
The CAC, representing a variety of stakeholders in the :
Otay Valley, has provided ongoing input into plans for
OVRP. Meeting regularly and using the Progress Plan as ·
an interim basis for its recommendations, the CAC has
advised on acquisitions for the Park, private develop-
ment plans adjacent to the FPA that would likely impact
enjoyment of the Park and the land uses and policies
that are included in the Concept Plan.
Community, environmental, recreational and property
owner special interest groups were consulted through-
out 1995 and 1996 through presentations of the pre- ....!
liminary draft Concept Plan map by Joint Staff.
Special Interest Groups
Consulted
· Otay Mesa/Nestor Community
Planning Committee
· South Bay Recreational Council :.::"
· Park and Recreation Board
Southern Area Committee
· Otay Mesa Recreational Coun-
cil
· Otay Mesa/Nestor Community ~'
Council
· Chula Vista Parks and Recre-
ation Commission
· Southwest Redevelopment
Project/Area Committee .'.';
· Otay Valley Road Redevelop-
mentProject Area Committee
· County of San Diego Parks and
Recreation Advisory Board
· Property Owner Forums (See
Appendix C for a listing of
meetings and dates.)
OTAY VALLEY REGIONAL PARK .'-:
Studies and Plans Used Background Sources
::: · Progress Plan The Concept Plan was developed using information from
· ':'" ·Otay River Valley Resources a variety of sources, studies and plans. The OVRP
Report Progress Plan, on the direction of the PC, served as the
:..~ · City Lakes Recreational Devel- framework for developing the Elements of the Concept
'.:.-i opment Plan Plan, linking them to the visions and expectations of the
· Lower Otay River Wetlands stakeholders in the Valley.
Enhancement Plan
· Otay Valley Regional Park Most information about existing land uses, biological and
Master Plan cultural resources and hydrology in the river valley is
· · Conceptual Master Plan, Otay compiled in the Otay River Valley Resources Report (Sep-
Valley Regional Park tember, 1994), which should be used as a companion
· Otay River Valley Resource to this plan. A number of other plans and studies were
' Enhancement Plan also consulted. (See Appendix D for additional informa-
~Otay Ranch Resource Manage- tion about these plans and how to obtain a copy or re-
ment Plan (Phase 1) view them.)
· Otay Ranch General Develop-
ment Plan (GDP)/Subregional
Plan (SRP)
~Otay Ranch Final Program
Environmental Impact Report
CHAPTER 2
EXISTING CONDITIONS
CONCEPT PLAN
EXISTING CONDITIONS ~- ..............
IN THE OTAY RIVER
VALLEY
ENVIRONMENTAL SETTING
Regional and Local Setting
Southwest San Diego County The Focused Planning Area for OVRP is located in the
southern portion of San Diego County, four miles north
· San Diego Bay of the United States/Mexico International Border. The
· Coastal plains Regional Park to be developed through this Concept Plan
· Marine terraces extends from the southeastern edge of the salt ponds at
· River Valley the mouth of the river, through the Otay River Valley, to
· Canyons the land surrounding both Lower and Upper Otay Lakes.
·Mesas
· Mountain slopes Heritage Road separates the western, urban area of the
valley from the more rural, open space lands to the east.
West of Heritage Road, the river's terraces have been :.~
developed with commercial, industrial and residential
uses. The Concept Plan boundary is limited to the open
lands of the floodplain and valley slopes defined by this
urban development.
East of Heritage Road, the valley remains in more rural
agricultural and open space lands. Here, the Regional
Park spreads out to incorporate the important habitat
lands in finger canyons and on Otay Ranch that have
been designated as part of the Otay Ranch Preserve.
The central core of the valley, including most of the flood-
plain, remains open from the Bay to the Otay Lakes.
However, the river bed itself has been used as a source
of sand and gravel extraction and has been altered from
its natural width and depth; some mining and asphalt,
concrete and cement operations continue in the flood-
plain.
OTAY VA! .I ~Y REGIONAL PARK ·
Topography/Land Form
?2.
:.~ ~South San Diego Bay The topography of the planning area follows a typical
::: · River Mouth San Diego County river pattern. At its mouth, the Otay
~;: ~ Salt Ponds River flows into South San Diego Bay. Thirteen miles to
· -. · Floodway the east, at the eastern end of the Park, the slopes around
· F~oodplain the Otay Lakes reach an elevation of 600 feet.
· Ponds
~ Vemal Pools The majority of the Concept Plan area is characterized
· Mesas by relatively fiat lands, with slopes of less than ten per-
· Hillsides cent. The majority of these fiat lands is within the flood-
· Valley/Canyon Slopes way and floodplain of the Otay River.
· Otay Lakes
In the western portion of the Concept Plan area, the flood-
way and floodplain have been altered by mining opera-
· tions. Salt ponds have been created at the river/bay in-
terface and several fresh water ponds have been carved
~ out of the floodplain. This western portion of the flood-
plain is relatively fiat, with a gentle upward slope to the
north and much steeper, higher slopes along the south-
ern edge, some of them greater than twenty-five per-
.- cent.
· The eastern portion of the Concept Plan area includes
" Rock Mountain, Dennery, Johnson and O'Neal Canyons,
the major finger canyons along the south side of the
river and culminates at the Otay Lakes area. The rela-
- tively fiat areas on the mesas at the eastern end of the
Otay Valley are undisturbed and support vernal pools.
· Watershed: 143 square miles The Otay River's watershed lies between the Sweetwater
River basin to the north'and the Tijuana River basin to
the south. The eastern end of the watershed is at the
: crest of the Laguna Mountains and flows into South San
~ Diego Bay. Runoff from the watershed is partially stored
in Upper and Lower Otay Reservoirs and diverted from
The river flows east to west from Lower Otay Lake Res-
'~ i ervoir to South San Diego Bay. Once a perennial stream,
: it now flows only intermittently. Stream flow generally
occurs only during and immediately after rains because
.: of the diversion of water within the watershed, although
i!! significant flows have occurred as a result of spills from
the Lower Otay Lake Reservoir. Consequently, the overall
!:_ flow regime is one of little or no flow over long periods,
':;. interrupted by episodic larger flows.
CONCEPT PLAN
· River length: 13 miles The width, depth, slope and meandering pattern of the
· Precipitation: 10"- 18"/yr; floodway and floodplain of the river change in response
typically, November through to changes in the environment in the watershed. A dras- . ..
March tic change occurred in 1916 when the dam at Lower
Otay Lake broke after heavy rains. Damming and in-
stream mining have created conditions that result in ero-
sion and the removal of sediment along the river.
· Floodway/floodplain Character- Runoff from the upper portion of the watershed is par-
istics tially stored in the Upper and Lower Otay Reservoirs.
These reservoirs were designed for water supply, not
flood control. They capture low and moderate runoff
amounts from the watershed, but have only a slight ef-
fect on major flood flows.
· Reservoirs/Lakes: Upper Otay Lake Reservoir is formed by a dam in Proc-
>50,000 ac./ft, tor Valley. Lower Otay Lake Reservoir is formed by Sav-
age Dam. Dulzura Creek flows into the eastern arm of
Lower Otay Lake and water is stored from watershed
runoff as well as supplies from a regional water supply
aqueduct system.
Biological Resources
,Maritime succulent scrub The Otay River Valley once supported abundant veg-
, Diegan coastal sage scrub etation that served as a focal point for life in the south
,Southern mixed chaparral bay. But, over time, the quality and integrity of biologi-
· Chamise chaparral cai resources in the valley have been fragmented and
· Southern interior cypress forest disturbed by a variety of human activities. Salt mining,
· Southern riparian forest sand and gravel extraction operations, agriculture, ur- :-'
.Southern willow scrub ban development and damming of the river at Lower
· Mulefat scrub Otay Lake have contributed to the current condition of
· Tamarisk scrub the biological resources in the river valley.
· Southern coastal salt march
· Coastal and valley fresh water Seventeen vegetation communities have been identified
marsh in the area covered by the Concept Plan. These com-
,Disturbed wetlands munities, as well as the ponds and lakes, function as
· Native grassland habitat to a variety of birds, mammals, reptiles and am-
. Non-native grassland phibians, including sensitive, rare and endangered spe-
· San Diego mesa vernal pools cies. (See Appendix E for a description of these vegeta- - ·
· Ruderal vegetation tion communities.)
· Eucalyptus woodland ·
OTAY VALLEY REGIONAL PARK
Cultural Resources
· Prehistory People have occupied the Otay River Valley and Otay
:-iiti Early Period Mesa over the last 9,000 years. The area provided an
San Dieguito/La Jolla abundance of water and related plant and animal food
'. 7000 B.C. to 500 B.C. sources, as well as a rich source of metavolcanic rock,
Late Period used for the production of stone tools.
. Kumeyaay
A.D.850 Cultural research projects in the FPA have identified over
280 cultural resources (both prehistoric and historic) in
the planning area for the Park. These include isolated
" artifacts, lithic artifact scatters, temporary camps, habi-
tations sites, historic buildings and historic trash depos-
its.
Two large prehistoric village complexes are located in
the planning area. These sites provide essential infor-
marion regarding prehistoric and historic use and settle-
ment of the Otay River Valley, as well as the large Otay
Mesa area and San Diego County. The sites on Otay
Mesa are interrelated through both time and space and
each site provides information to understand the past
9,000 years of occupation on Otay Mesa.
· History The first non-native settlement in the Otay River Valley
Spanish Period 1769-1821 took place in the 1800s with Spanish settlements in
Mexican Period 1821 - 1848 California. Development of Otay Mesa began in the late
i"i' American Period 1848-present 1880s in response to an economic boom that brought
thousands of people to the San Diego area. Land on
- Otay Mesa was promoted by speculators on the basis of
: its agricultural potential and plans for future irrigation
facilities. Otay Ranch, one of the largest land holdings
in San Diego County, was assembled by Stephen Birch
in the late 1930s. Historic resources remaining within
the planning area for th~ Park include the Otay Ranch
complex, portions of the Otay Dam and the Western Salt
. Works.
-.:. ,,, CONCEPT PLAN
URBAN SETTING
Regional and Local Setting
· San Diego The planning area for the park lies within the bound-
· Chula Vista aries of several jurisdictions, with the land within the
· County of San Diego Concept Plan Boundary in the cities of San Diego, Chula
· Imperial Beach Vista and the County of San Diego. The communities of
· Coronado Montgomery, Otay, Otay Mesa and Otay Mesa/Nestor
· National City border the river. Chula Vista has designated a number
of areas along the northern edge of the river as redevel-
opment areas.
Regional access is available from Interstates 5 and 805
and an existing trolley station located adjacent to the
Park at Palm Avenue and Hollister Street in San Diego.
West of 1-805, Main Street and Palm Avenue parallel the
length of the valley along its north and south sides. A
number of existing and planned local roads that cross
the valley will provide access to the Park. Regional ac-
cess from Cornado and Imperial Beach is available from
Silver Strand Boulevard and points of Palm Avenue. The
Bayshore Bikeway provides regional bicycle access.
General and Community Plans
SAN DIEGO The cities of San Diego and Chula Vista and the County
· Progress Guide and General apply a variety of General and Community Plans to the
Plan area covered by the Concept Plan. Overall, the General
· Otay Mesa Community Plan Plans for all jurisdictions designate the majority of the
· Otay Mesa/Nestor Community area within the Concept Plan as Open Space or Envi-
Plan ronmentally Constrained Lands. The Chula Vista Parks,
Recreation and Open Space Element of the General Plan
CHULA VISTA calls for establishment of the Chula Vista Greenbelt sur-
· General Plan rounding the city and following the Otay River at its
· Chula Vista Greenbelt southern edge.
· Southwest Redevelopment
Project Area/Montgomery The Community Plans covering the area recognize the
Specific Plan value of the river valley as a natural asset to their com- :'
· Otay Valley Road Redevelop- munities. They include policies which recommend pres- "
ment Project Area Plan ervation of open space in the river valley and encourage
· Otay Ranch General Develop- public and private recreational development in the area.
ment Plan Several of the Community Plans encourage establish-
ment of Otay Valley Regional Park.
COUNTY i':
· General Plan
· Otay Ranch Subregional Plan
OTAY VALLEY REGIONAL PARK '
Zoning and Other Regulations
· ':-: Each jurisdiction has applied zoning regulations to lands
~'.- Zoning
"~ · agricultural within the Concept Plan area. The majority of land in the
· floodway/plain Concept Plan is zoned "agricultural" or "floodway" with
~.~ ·limited residential, commercial, limited areas of residential, commercial and industrial
· ' industrial zoning. Some of the industrially zoned areas fall within
the floodplain of the river.
· Resource Protection Ordi- Other development regulations have been applied in the
nances (RPOs) valley. Both the City of San Diego and the County have
· Resource Management Plan adopted resource protection ordinances to protect sen-
(RMP) sitive environmental resources. The Resource Manage-
,State Mining and Reclamation ment Plan for Otay Ranch includes guidelines for pro-
Act (SMARA) tection and management of lands in the Otay Ranch
Preserve.
". Land Uses: West of Heritage Road
Adjacent to the Concept Plan Heritage Road separates the western, urban area of the
i · residential valley from the more rural, open space lands to the east.
· · commercial West of Heritage Road, north of the river, the river's ter-
· industrial w/open storage races have been developed with a heavily urbanized mix
· Western Salt Works of commercial, industrial and residential uses. On the
· Chula Vista Auto Park south side of the river, on the valley floor and adjoining
· Otay Landfill mesa, land uses are predominately residential, with as-
· · Animal Shelter sociated public and commercial facilities.
Within the Concept Plan Uses within the area designated for the Park include two
Existing asphalt and concrete batch plants, some limited extrac-
· Amphitheater tion activities, commercial recreation developments (The
· Asphalt/Concrete Batching Palms Golf Center, Fun Farm Go Karts and Arcade,
· Extraction Knotts Soak City U.S.A. Water Park, and Coors Amphi-
· Golf Driving Range theater), and a variety of agricultural operations rang-
eGo-Cart Track lng from row crops to wholesale and retail nurseries.
· Nurseries/Row Crops Sand and gravel resources have been exhausted and
· Water Park only limited extraction occurs; however, the remnants
of these activities remain in the form of material and
: equipment stockpiles, ponds and assorted debris.
Planning for a regional commercial recreation use adja-
~ Planned cent to the amphitheater within the Concept Plan Bound-
.~ · Open Space ary is underway.
· Corem·rial Recreation
-.. CONCEPT PLAN
Land Uses: East of Heritage Road -.
Adjacent to the Concept Plan East of Heritage Road, the valley remains in more rural ~:i.'!:
Existing agricultural and open space lands. A number of large
· East Mesa Detention Facility public facilities have been sited in the vicinity, including
· R.J. Donovan Correctional the East Mesa Detention Facility, the R.J. Donovan Cor- :'.'~
Facility rectional Facility, and Brown Field. Large private devel-
· Brown Field opments have been sited here as well. They include the .
· Olympic Training Center Arco Olympic Training Center. '
Planned Private development plans have been approved for resi-
· Otay Ranch dential, commercial and industrial developments sur-
· Residential rounding OVRP. They include Otay Ranch, the largest
· Commercial planned development in San Diego County, and indus-
· Industrial trial areas with commercial nodes in the City of San Di-
· Open Space ego.
Within the Concept Plan In this eastern part of the valley, the Regional Park wid-
Existing ens over the important habitat lands on Otay Ranch that
· Rock Mountain Quarry have been designated as part of the Otay Ranch Pre-
· Gun Club serve. Uses within the area designated for the Park in-
· Otay Lakes County Park clude the quarry and batching operations at Rock Moun-
· Otay Lakes/boat launches tain, the open space area of the East Mesa Detention
· Open Space Facility, portions of the Donovan Correctional Facility
· Air Park and some other open space lands owned by the County,
and several public and commercial recreational uses.
These recreational uses i~clude the San Diego Air Park,
the Gun Club, San Diego's Upper and Lower Otay Lakes
and the associated boat launches, and Otay Lakes
County Park.
Planned Important habitat lands in the Otay Ranch development
. Otay Ranch Preserve will be conserved in the Otay Ranch Preserve. The Pre-
· San Diego National Wildlife serve extends beyond the boundary of the OVRP Con-
Refuge cept Plan and will cover over 11,000 acres of open space
lands. About 1,000 acres of the Preserve are contigu-
ous with OVRP.
The San Diego National Wildlife Refuge covers the south-
ern rim of the valley and western slopes of Otay Moun-
tain.
OTAY VAI REGIONAL PARK
CHAPTER 3
CONCEPT PLAN
CONCEPT PLAN
OTAY VALLEY
REGIONAL PARK
CONCEPT PLAN "'
INTRODUCTION
Much of the land within the Concept Plan is privately
owned and has development potential based on exist-
ing zoning, land use plans and other development regu-
lations. The Concept Plan does not change existing zon-
ing, land use plans or add new development regulations.
It does not preclude private development. It provides
policy direction for the jurisdictions for coordinated land
acquisition and development for. me Regional Park within
this framework of private property rights. This chapter
presents
· general policies relating to overall acquisition and
development of the Regional Park,
· descriptions of the Elements of the Concept Plan
and the policies relating to individual Elements,
and
· a description of the Concept Plan Elements by
Segments throughout the length of OVRP and
policies relating to individual Elements by Seg- '
ment.
GENERAL POLICIES
These general policies apply to all Elements of the Con-
cept Plan throughout the Otay Valley Regional Park.
Acquisition Policies
Policy: Take steps to acquire land for public use within
the Concept Plan Boundary from willing sellers.
Policy: Use easements to implement Concept Plan Eleo -::
merits when public acquisition is not possible.
Policy: Support private habitat mitigation banks that ':'
implement OVRP as a way to protect and preserve im-
portant habitat lands in private ownership. :~.
~! OTAY VALLEY REGIONAL PARK .:~;.:..
Acquisition/Management Policies
~~- ':,~ L ' with adjacent open space areas.
? Development Policies
Policy: Site and develop Park features and facilities, con-
sistent with the requirements and guidelines of the MSCP
and all federal, state and local policies.
Policy: In the OVRP portion of Otay Ranch Preserve, site
and develop Park features and facilities within the Open
Space/Core Preserve Area consistent with the require-
ments and guidelines of the MSCP and the RMP.
Policy: Support private development within the Bound-
ary of the Park that implements Elements of the Plan.
Policy: Encourage and support continuation of the ex-
isting commercial recreational uses within OVRP.
Policy: Encourage private development that occurs
within or adjacent to OVRP to provide linkages with OVRP
trails and, as appropriate, to provide open space, recre-
ational facilities, staging and viewing areas in conjunc-
tion with the Park.
Policy: Support commercial recreational developments
within the Park that offer joint public and private use of
facilities, public access points, parking and trails into
and through OVRP.
· Policy: Encourage mutually beneficial agreements with
private development within the Boundary of the Park to
· i:- provide a direct economic benefit to both the Park and
the development. That benefit to the Park could be dedi-
cation of land, provision of easements, contribution of a
'" portion of revenues or user fees or some other negoti-
'.: ated benefit. Benefit to the development could include
active support of the project by the Park, joint market-
' ~ lng or publicity, shared development of joint use facili-
:'' ties, development incentives or some other negotiated
benefits to be determined.
CONCEPT PLAN
Policy: Incorporate Staging Areas and Viewpoint and
Overlook Areas within Recreation Areas whenever pos-
sible. ':
Policy: Encourage recreational uses as buffers between
the Open Space/Core Preserve Area and new private
development.
Policy: Encourage development standards for new roads
across the Otay River to minimize impacts to habitat
and wildlife movement as well as trail connectivity. This
may include bridge and other roadway design criteria.
CONCEPT PLAN ELEMENTS
This section describes the Elements of the Concept Plan
and states policies related to the Elements. The Ele-
ments are:
· Boundary ~
· Alternative Boundary . -.
· Open Space/Core Preserve Area
· Recreation Area
· Trail Corridor
· Staging Area
· Viewpoint and Overlook Area
· Interpretive Center
· Park Study Area
Boundary .:
Policy: If questions arise about The Boundary defines the area in which future park ac-
the location or extent of the quisition and development should occur. The Bound-
Boundary, give consideration to ary is located within the FPA boundary and is a concep-
the suitability of the questioned tual boundary that does not strictly follow property lines.
area for the use identified by the It is intended to outline and generally identify the areas
Concept Plan for that portion of needed to protect sensitive resources or the areas that
the Park. would be suitable for recreational uses.
Much of the property within the Boundary is privately
owned. It is intended that this property will eventually
be acquired for public park use; however, private devel-
opment consistent with existing zoning and development
regulations may occur. Private development of recre-
ational uses or preservation of open space is appropri-
ate and can serve to implement the Concept Plan Ele-
ments.
[~ OTAY VALLEY REGIONAL PARK ·'
Trail or open space easements within the Boundary could
be used to implement the Concept Plan Elements.
· ": Altemative Boundary
'::' Policy: Consider connectivity to The Concept Plan includes an Alternative Boundary. The
the Open Space/Core Preserve Alternative Boundary is used for areas that
Area as well as appropriate
ownership and financing mecha- · are outside of the FPA but have been identified
nisms for managing the open as open space in private development plans and
space when determining the connect to the Open Space/Core Preserve Area
ultimate Boundary for the Park. of the Park, or
· have the potential to offer a significant opportu-
nity for open space or recreation in the future.
Open Space/Core Preserve Area
Policy: Restore and enhance The Concept Plan Open Space/Core Preserve Area is
disturbed areas in the Open intended to protect biologically sensitive habitat areas
Space/Core Preserve Area con- and provide a regional wildlife corridor from South San
sistent with the MSCP. Diego Bay to the Otay Lakes. It consists of wetland ar-
eas including the Otay River, permanent and seasonal
Policy: Maintain the natural ponds and vernal pools, steep slopes, biologically sen-
floodplain; prohibit sitive areas, habitat linkages and disturbed areas where
channelization of the floodplain, resources will be enhanced. In general, most of the flood-
way and floodplain of the river and most slopes over
i. 25% have been included within the Open Space/Core
Preserve Area.
- The boundary of the Open Space/Core Preserve Area is
L_:~:.~, contiguous with the Multiple Habitat Planning Area
~ ' (MHPA) boundary designated in the Subarea Plans for
the cities of San Diego and Chula Vista and the County's
Southern Segment Plan of the Multiple Species Conser-
.·. vation Program (MSCP). Trails, staging areas, viewpoints
· .. and overlooks and interpretive centers may be located
and developed within this area, subject to the require-
.. ments and guidelines of the MSCP.
A portion of the Open Space/Core Preserve Area in-
cludes sensitive resource lands that will be assembled
i~ west of Otay Lakes for the Otay Ranch Preserve. The
Otay Ranch Resource Management Plan (RMP) guides
. management of Preserve lands and includes guidelines
i'.· for siting and developing uses within the Otay Ranch
Preserve.
CONCEPT PLAN
Recreation Area
Policy: If questions arise about Recreation Areas are areas that may be suitable for a
~he extent of a Recreation Area, variety of active or passive recreational uses. They may
give consideration to its suitabil- be vacant or have existing recreational uses, are rela-
ity for recreation, open space or tively fiat, have been previously disturbed or lack sensi-
other private development or as tire biological resources and have the potential for ac-
a buffer between development cess from regional or local circulation roads. They are
and the Open Space/Core Pre- intended to provide land suitable for development of rec- ..
serve Area. reational facilities that are regional in scope and may
also serve community and neighborhood needs. They
may also provide Staging Areas and Viewpoint and Over-
look Areas, as appropriate. -"
Policy: Develop Recreation Areas The Recreation Areas are shown as "bubbles" on the .
consistent with the policies and Concept Plan Map, and, like the Park Boundary, these :
guidelines of the MSCP for devel- "bubbles" do not strictly follow property lines. They are
opment adjacent to the MHPA. intended to identify the general extent of areas that would
be suitable for recreational uses.
Policy: Support joint use of Recreation Areas are located outside of the boundaries
commercial recreational facilities of the MHPA of the MSCP and many have existing pri- .:.
within OVRP. Consider altemate vate development potential, consistent with zoning,
private/public uses when and planned land uses and other development regulations, :..
where appropriate, including the potential for private and public recreational ""
development. Both public and private recreational de-
velopments may implement this Element of the Con-
cept Plan. '-
The Concept Plan does not change existing zoning,
planned land uses or add new development regulations,
nor does it preclude private development in Recreation
Areas consistent with existing zoning or planned land
uses. It is expected that some Recreation Areas or por-
tions of Recreation Areas may be developed privately
with uses that do not implement the Concept Plan. Rec-
reation Areas are proposed in conjunction with the re-
quirements of the Otay Ranch development. The Otay
Ranch RMP includes guidelines for siting and develop- :
ing recreational uses within the area of the Otay Ranch
Preserve.
OTAY VALLEY REGIONAL PARK
Trail Corridor
~7' Trail Corridors are intended to provide a continuous link
~ Policy: Provide trails that connect
· to other regional trails offsite and through the Park, connecting the Recreation Areas and
to existing and future park facili- Interpretive Centers through the Open Space/Core Pre-
· ., ties located adjacent to or near serve Area. The Trail Corridor provides for hiking, bicy-
':: OVRP. cling and equestrian trails, although these trails may not
share the same locations and may not all be established
:i:. Policy: Utilize existing fire and along the entire length of OVRP.
utility roads and easements for
trails to minimize impacts to A Trail Corridor is intended to identify a generalized lo-
sensitive resources, cation for trails in the Park. Trails should be located on
.' both sides of the river wherever possible, with crossings
Policy: With the exception of where appropriate. Trail Corridors should provide looped
border patrol, maintenance and/ trails and should connect to other regional trails offsite,
or emergency vehicles, prohibit including the Bayshore Bikeway to the west, the City of
off highway (motorized) vehicle Chula Vista Greenbelt trails which will provide a con-
use throughout OVRP. nection to Sweetwater Regional Park, and the Bureau of
- Land Management (BLM) holdings to the east.
Staging Area
Staging Areas function as neighborhood or regional ac-
cess points to the Park and may be located conveniently
near public transit stations or stops. They may provide
access to Trail Corridors or Recreation Areas or link the
two. There may be car and/or bicycle parking, picnic
facilities and interpretive kiosks or signs in Staging Ar-
eas.
· :: Staging Areas should not be limited to those specified
on the Concept Plan map, but should be developed as
opportunities are presented.
Viewpoint and Overlook Area
~' Policy: Encourage joint develop- Viewpoint and Overlook Areas provide sites for short
-i ment of interpretive displays at and long range views into and through the Park. They
· . Viewpoint and Overlook Areas are generally located at the edges of the Park Boundary.
located at public facilities outside Some are designated outside of the Park Boundary at
of the Concept Plan Boundary. public facilities or along public roads.
· : They are intended to be used as areas for passive en-
joyment of the Park and may include minimal seating
· i." and interpretive signage. They are generally associated
'~ with Recreation Areas, Trail Corridors and Staging Ar-
eas and do not stand alone in the Open Space/Core Pre-
· '.-~ serve Area.
CONCEPT PLAN
Viewpoint and Overlook Areas should not be limited to
those specified on the Concept Plan map, but should be
developed as opportunities are presented, i
Interpretive Center
Policy: Provide Interpretive Interpretive Centers are intended to provide an opportu-
Centers in both the western and nity to present environmental education and historical
eastern areas of the Park. interpretation for OVRP users. They may include a struc-
ture with related parking areas or may be as simple as a
small outdoor area with a kiosk, located along a trail or
staging area.
,. The Otay Ranch Resource Management Plan ([~4P) calls
for an Interpretive Center for the Otay Ranch Preserve.
The Concept Plan envisions this Interpretive Center within
the Boundary of the Park. The RMP will guide siting and
developing an Interpretive Center within the Park and
the Otay Ranch Preserve.
Park Study Area
Policy: Give special consider- Park Study Areas are areas that have a special relation
ation to recreational uses in ship to the Regional Park. They have the potential to
future analyses to determine the offer a significant' opportunity for open space or recre-
appropriate land uses for Park ation in the future but are:
Study Areas.
· outside of the Focused Planning Area, or
· under a conditional use permit with such a long
term that the future use cannot be determined at
this time, or
· have a potential for habitat restoration or resource
preservation that has not been sufficiently
dress.
Additional environmental and land use analysis may be
necessary to determine appropriate land uses for Park
Study Areas.
OTAY VALLEY REGIONAL PARK
CONCEPT PLAN SEGMENTS
For ease of description, the Concept Plan has been di-
vided into five Segments. This section identifies and de-
scribes each Segment, the Elements in each Segment,
and the Policies for each Segment.
The Segments are:
· South San Diego Bay to Interstate 5,
· Interstate 5 to Interstate 805,
· Interstate 805 to Heritage Road
(Paseo Ranchero),
· Heritage Road (Paseo Ranchero) to
Otay Lakes Vicinity, and
· Otay Lakes Vicinity.
Concept Plan
Otay Valley Reflional Park
CONC~ P~N ~
South San Diego Bay to Interstate 5
This Segment is the western anchor of the OVRP. It con-
tains:
· a portion of the South Bay Marine Biology
Study Area, an area of the bay under lease by
San Diego County from the (J.S. Navy, which in-
cludes a parking area and a bicycle trail segment
running along Silver Strand Boulevard.
· the important habitat lands of the Bay that have
traditionally been used for salt mining, including
the dikes and salt ponds,
· the mouth of the river which creates the marsh-
lands of the bay/river interface, and
· a flatter disturbed area to the south of the river
that is vacant and has been used for agricultural
activities.
Regional access is available from Interstate 5~ Main
Street, Palm Avenue and Silver Strand Boulevard. The
Bayshore Bikeway is proposed to extend through the
Segment.
1~1 OTAY VALLEY REGIONAL PARK
-.. SEGlVfENT: SOUTH SAN DIEGO BAY TO INTERSTATE 5
'.':- ...... .~.'.'.'-'.'-'-'-'-'...-i4.~ '-...' .........
-'-' :;;;;;::;::::;;;;:::::;;:.:::;;::}'~, i-[-::;:;..::.:.:-: :.::, . :-' :.; ;......
i. '.'.:.:-:.:.:-:.:-:.:.'.;.: .'.:,14..:~ :.'-:.'.'.:-'. -:: .:.. '-:.. :.'. -:. ' ' . .:.'
~ ' ..;,:.;,;.:...;.......,;~ .! '..~ .;.;........... . ... . . ...'.
~, ,,?;- · .;.;-;.;-F -..~ ,~..:~..-2.;.; ;.-; ;--;- :-; -...',; · .' ' ·
t :.; .....;...'-..i.~-.',~...'.'.'.. .... · ...... ;: . ·
~ :+:.:.:.:.;.;.;.:...::.i, 4. ::~.-:..:. ;x.: .:..'-.; -
I /;-?:':':':';':':0;-:';" :...:.i~ ?. :.~,'.:.:.;.: ..:.:.' :.. '....:.;.:.~'.:.:
· .:.:.:.:.:.:.;.:.:.:,'.;:., -.-.i ~' .1~ ......., .,...,. .
· % ~s '~ " "~
~ :::::::::::::::::::::::::::::::: .~:: :Li'i-i:i!::: "'
............. -,.¢... :i.:.i'.:.:.:.'.' :.:
· .....-Z.:-:,;.:.:-:.:-:-:-:-; ..:.:,,. :.~,. " .:.i '
- ' ':':':':':':'.':':':':':':'.':"-:'.' - -'-'i
~. ~ "' :':': i:i-i i'! :.':::':~'. .........
' - ~ South Bay Wildlife Refuge
!
Plan Elements Other Map lnformation
~. ::'~ '~'~
~%.° Alternati~e Boundary [] Interpretive Ctnter /V Existing Roads
,," ¢'~ Trail Corridor ';~
· :' [] ~tr Interpretive Center ,.',,.' Rivers ..~'
· ' ~ P~.~r~A~.~ [] ViewpointlOverl~ok ~ Lakes/Bays
' ~ ParkStudyArea + '
: :': ITt1 'South Bay
:'"' Wil~ Refuge
1:2870
"" CONCEPT PLAN
Policies for This Segment Elements in This Segment
Policy: Encourage continuation The Salt Works, including the salt ponds are within the
of salt mining as a way to protect jurisdictions of Imperial Beach, National City, Coronado,
and preserve important habitat San Diego, and Chula Vista. While this area was included
lands, within the Focused Planning Area, it is now within the
South Bay Wildlife Refuge, owned and managed by the
Policy: Revegetate and enhance U.S. Fish and Wildlife Service. The wildlife refuge forms
salt marsh and riparian habitats the western boundary of Otay Valley Regional Park.
at the bay/river interface.
The salt ponds area, with its current operations support
important nesting and foraging areas extending from the
mouth of the Otay River to the Silver Strand. The U.S.
Fish and Wildlife Service proposes to phase out the salt
works and to restore the area to its historic natural habi- ":
tat.
A Recreation Area (Recreation Area #1) of about 40 '-~'
acres is designated on a site on the south side of the
river between Nestor Creek and l'-5 that is vacant~a'nd
has been disturbed previously by agriculture.
Three Trail Corridors run through this Segment. One
runs north/south along the existing bicycle path on Sat-
urn Boulevard and could provide a connection to the
east. A second follows the existing bicycle path along
Silver Strand Boulevard. The third is intended to pro-
vide a corridor for the proposed Bayshore Bikeway which
will link the existing trails.
One Staging Area is located at the South Bay Marine -:'.
Biology Study Area.
~! OTAY VAI .I.EY REGIONAL PARK .:.:
· Several Viewpoint and Overlook Areas are located ad-
jacent to the Segment. The first is at the South Bay Ma-
~ fine Biology Study Area. This Viewpoint and Overlook
,.'i:. Area offers short range views into the salt ponds and
long range views across the Bay to the mountains at the
;:~, eastern end of OVRP. It provides an excellent opportu-
':' nity for bird watching.
A second Viewpoint and Overlook Area is proposed at
the north end of 13th Street. It provides views into the
salt ponds and north across the Bay to downtown San
Diego.
A third is proposed at Palm Avenue between 13th Street
and 15th Street It also provides views into the salt ponds
and north across the Bay to downtown San Diego.
An Interpretive Center within the adjacent South Bay
Wildlife Refuge could capture the opportunity to pro-
vide interpretation and information about the resources
at the bay/river interface and the unique relationship ,
between the salt mining activities and natural resources.
--.-. CONCEPT PLAN
Interstate 5 to InterstateS05
This Segment runs through a highly urbanized area. It
contains:
:/ ...~· .... · about 78 acres of habitat lands in the floodway/ '::'
floodplain that were purchased by the cities of
Chula Vista and San Diego for OVRP with funds
from the California Coastal Conservancy.
· lands in private ownership currently operating un-
der conditional/special use permits from the cit-
ies of San Diego and Chula Vista for mining and
concrete and asphalt batching activities. These
lands include a series of seasonal and perma-
nent fresh water ponds created by previous min- :'
ing activities,
· private property currently developed with the
Palms Golf Center and Fun Farm Go-Kart and
Arcade,
· disturbed and undisturbed steep slopes along the
south side of the river in the eastern portion of
the Segment, and
· sites with gentler slopes and level areas along
the floodplain fringe on both sides of the river. "
Ii' These sites are being used for agricultural op-
erations or are vacant and have no sensitive bio- '.'..
logical resources. A eucalyptus grove exists on
the south side of the river.
Regional access is availa, ble from Interstate 5 and 805
as well as a Trolley Station at Palm Avenue and Hollister
Street. Local access is available from Palm Avenue, Main
Street, Hollister Street, Beyer Boulevard and Beyer Way.
OTAY VALLEY RECiIOI"IAL PARK '..-
SEGMENT: INTERSTATE 5 TO INTERSTATE 805
CITY OF CHULA VISTA
7'-
-.' PALM AV
CITY OF SAN DIEGO
CORONADOAV
~:::.;. - ', ~ I '~, -:'*";,
\
plan Elements Other Map Information
'""
'!'} ~ Open Spaced Alt~,~ati~g Sites
P~sgrv~ Area [] Vit'ur~olnt/Oo~r~ok
:::'... ~ Park Study Area
;-: CONCEPT PLAN
Policies for This SegmentElements in This Segment:
Policy: Convert land uses from The Open Space/Core Preserve Area is designated over
sand and gravel mining and a major portion of the floodway and floodplain in this
batching operations to open Segment. Areas currently used by mining and hatching
space or uses consistent with the operations are recommended to be converted to open
Concept Plan as conditional use space at the end of their permitted operations.
permit terms expire.
Six Recreation Areas totaling about ~.85 acres are in-
Policy: In light of the potential cluded along both sides of the river in this Segment.
value of the terrace lands west of
~-805 and north of the river for · Recreation Area #2: about 25 acres; partially de-
accommodating active recreation veloped with the Palms Golf Center and Fun Farm
and for providing a buffer to the Go-Kart and Arcade.
floodway of the river channel, be
amenable to acquisition of par- · Recreation Area #3: about 45 acres; some agri-
cels in these terrace lands as cultural activities and vacant land.
they become available, and if
they are not encumbered by · Recreation Area #4: about 45 acres; associated
environmental pollution or other with the Southwest Redevelopment Project Area
factors making them unsuitable in Chula Vista.
for park development.
· Recreation Area #5: about l0 acres; vacant, with
a creek drainage running north to south.
· Recreation Area #6: about 35 acres, vacant, with
a creek drainage running north to south.
· Recreation Area #7: about 25 acres, eucalyptus
groves, vacant, adjacent to 1-805.
Trail Corridors are shown along both the north and south
sides of the river with looped connections where pos-
sible in order to create a series of shorter loops suitable
for use in this urbanized area.
OTAY VALLEY REGIONAL PARK
Five Staging Areas are shown on the south side of the
river. One is proposed in conjunction with the Tro]ley
Station at Hollister and Palm. The second is on the north
side of Palm Avenue, adjacent to the Baptist Church.
The third is at a site on Bayer Boulevard that is currently
being used by an agricultural operation. The fourth is
adjacent to important resource areas and is reached from
Bayer Way. The fifth is on Murrieta Circle, as part of a
San Diego Gas and Electric Company maintenance road.
This fifth Staging Area is appropriate for neighborhood,
rather than regional, access.
Viewpoint and Overlook Areas are identified at four points
outside of the Concept Plan Boundary on the southern
bluffs overlooking the river. Two offer long distance views
to the east and west from schools located just outside
the southern Boundary of the Park. One is located at the
rear of the Montgomery High School stadium, another
is at Finney Elementary School. These Areas offer unique
opportunities to coordinate with the schools to provide
interpretive signage and materials for students. Special
arrangements will have to be made if access is to be
provided to the general public.
Two more Viewpoint and Overlook Areas are located in
residential developments on the south side of the river.
One is the northern end of Cochran Avenue; the second
is on Murrieta Circle at the Staging Area.
CONCEPT PLAN
Interstate 805 to Heritage Road
(Paseo Ranchero)
This Segment is very environmentally disturbed and de-
graded. Sand and gravel extraction in the stream bed
have shifted the natural path of the river and created
artificial elevations in the floodway/floodplain. Devel-
opment along both sides of the river and widening of
Otay Valley Road have constrained the river to a very
narrow corridor in this Segment.
This Segment contains:
· agricultural uses adjacent to 1-805,
· a narrow floodway/floodplain corridor where no
activities currently occur,
· an area proposed, but not yet finalized, as open
space in Dennery Canyon, part of approved pri-
vate development plans,
an area at the southern end of Brandywine Street,
developed as part of the Chula Vista Auto Park
· .': ..-._..=. v.,'~..:~--. ~ and identified as a Staging Area for the Park, and
· the Otay Rio Business Park, where infrastructure
has been installed on a portion of the site.
Access is available from Otay Valley Road, at the south
end of Brandywine and at the Otay Rio Business Park.
Policies for This Segment Elements in This Segment
An Alternative Boundary extends the Park southwest,
with the Open Space/Core Preserve Area designation,
to provide open space on additional canyon slopes and
hillsides contiguous with Dennery Canyon. This area is
outside of the FPA, but it is designated for open space ""
and appears to connect habitat and a wildlife corridor :::~
with the OVRP.
OTAY VAI_I .l~-'y REGIONAL PARK
SEGMENT: INTERSTATE 805 TO HERITAGE ROAD (Paseo Ranchero)
\
/
~r
~ : .~ . ...\
~ Park S~y Ar~
1:2870
CONCEPT PLAN
The final configuration of this open space area has not
yet been determined. Therefore, the connection to the
Open Space/Core Preserve Area of the Park cannot be ~
assessed. In addition, maintenance and management .i'
costs for the area may be borne more appropriately by
the development rather than the Regional Park. t~
However, regardless of whether this area is ultimately
included within the Park, management practices for the
Park Open Space/Core Preserve Area should be coor-
dinated with this open space area.
An Alternative Boundary also extends the Park north,
with the Park Study Area designation, to the Otay Land-
fill. The Landfill is outside of the FPA and has a long
operating term. Final uses for the site have not yet been
determined. Therefore, the connection and use within
the Regional Park cannot be assessed. The Alternative
Boundary is used for the Landfill so that future open
space or recreational opportunities within the context of
the Regional Park may be assessed.
The narrow river corridor and Dennery Canyon have
been designated as Open Space/Core Preserve Area in
this Segment. i.
Two Recreation Areas are located in the Segment.
· Recreation Area #8: about 35 acres, adjacent to
I- 805, with some warehousing, truck storage and ...
agricultural uses occurring, and
· Recreation Area #9: The Otay Rio Business Park,
about 145 acres, a multi-purpose amphitheater
and a water park'have been developed on this
site that was previousIy designated for industrial
development.
Trail Corridors run along both sides of the Boundary and
extend south into Dennery Canyon and north to the Otay "
Landfill. The Trail Corridors are shown crossing the river
to provide a loop trail in this Segment; however, a loop
trail may be difficu)t to implement because of the nar-
row river corridor.
OTAY VALLEY REGIONAL PARK .'.
-:' Policy: When the Otay Landfill Although the Open Space/Core Preserve Area is nar-
closes, if open space or recre- row in this Segment, it may be possible to site trails along
::::: ational uses are developed, the lower slope easement for Otay Valley Road on the
,':!. extend trails from OVRP to north side of the river and along utility easements run-
connect to the Landfill area. ning along the bottom of the slopes of the south side of
:'.:? the river.
:-':' Policy: When considering end
uses for the Otay Landfill, con- A small Staging Area exists at the sol, them end of
'~. sider the area's proximity to Brandywine Street.
OVRP
The Otay Landfill is designated as a Park Study Area.
-- Policy: Encourage development Although it is outside of the FPA for the Park and it has a
.:) of Viewpoints and Overlooks in long operating term, when it closes it may offer recre-
this Segment. ational or open space opportunities for the region. These
... opportunities should be explored in the context of their
proximity to OVRP.
Viewpoint and Overlook Areas are not identified in this
Segment; however, they should be developed as oppor-
tunities are presented.
CONCEPT PLAN
Heritage Road (Paseo Ranchero) to Otay
Lakes Vicinity
With the exception of Rock Mountain, the majority of '"'
this Segment is part of the planned Otay Ranch Pre-
serve.
This Segment includes:
· Rock Mountain, a quarry operation with associ-
ated asphalt and concrete operations,
· a portion of the planned Otay Ranch Preserve,
which will cover important habitat lands in the
Segment, including a large vernal pool area, and
sensitive cultural sites,
· the Gun Club/Bird Ranch, which is developed with
a private shooting range, and
· a portion of undeveloped area of the R.J.
Donovan Correctional Facility. '-~
Access is limited currently but will become possible at
La Media Road, SR-125, Alta Road and Hunte Parkway
as Otay Ranch develops.
Policies for This SegmentElements in This Segment
Policy: Encourage and support The Open Space/Core Preserve Area is contiguous with
creation of the Otay Ranch a portion of the Otay Ranch Preserve in this segment.
Preserve as a method of imple-
menting Park goals. Two Recreation Areas are designated in this Segment.
These Recreation Areas will be developed in conjunc-
Policy: Arrange coordination tion with the Resource Management Plan for the Otay
between Otay Ranch planners Ranch Preserve, which calls for up to 400 acres of rec- '
and OVRP staff so as to preserve reational uses within the Preserve.
viable wildlife corridors and
meaningful recreational connec- ° Recreation Area #10: about 125 acres, currently :'.~
tions between Poggi and Wolf used as the Bird Ranch/Gun Club.
canyons and OVRP.
· Recreation Area #11: about 200 acres, vacant
Policy: Cluster Recreation Area land disturbed by agricultural activities and graz-
#11 development around SR 125 lng. It should be located on both sides of the
and Hunte Parkway to provide corridor for SR 125. Sensitive cultural resources
convenient access and minimize may constrain development of this area.
disturbance to the Open Space/
Core Preserve Area. .....
OTAY VALLEY REGIONAL
PARK
SEGMENT: HERITAGE ROAD (Paseo Ranchero)
TO OTAY LAKES VICIN1TY
:. \ /J }-.
/ '~" \\ /
: ! \
- /
· / ~ \
/
/ \
I CITY OF SAN DIEGO i x~ F-- -1 -- -'1
~ ] A
Plan Elements Other Map Information :~' '~- "' '~ -'"
CONCEPT PLAN
Policy: Coordinate trail planning Trail Corridors extend along both sides of the river, fol-
with the State Department of ~ow Johnson~ and O'Neal Canyons and continue offsite
Corrections to determine feasibil- to regional trai~s proposed in Salt Creek Canyon and
ity of trail corridors in the vicinity further to the east\southeast. A Trail Corridor is shown
of the R. J. Donovan Correctional between the planned private development on Otay Mesa
Facility. to the south of the Park and the RJ Donovan Correc-
tional Facility. This Trail Corridor is an important link to
BLM lands to the east.
Policy: Encourage development Staging Areas and Viewpoint and Overlook Areas are
of Staging Areas and Viewpoints not identified in this Segment; however, they should be
and Overlooks in this Segment. developed as opportunities are presented.
An Interpretive Center is included in this Segment and is
also proposed as part of the Otay Ranch RMP. The RMP
does not specify the location of the Interpretive Center
but identifies this potential area as a possible location.
The Concept Plan envisions one Interpretive Center in
the eastern portion of the Park. This Segment provides
.~.; a possible location in the vicinity of Recreation Area #! 1.
? However, another location may be developed and the
Concept Plan map shows a second possible location for
an Interpretive Center in the eastern area of the Park in
the Otay Lakes and Vicinity Segment.
Rock Mountain and a 30-50 acre disturbed site south of
the river and east of the Gun Club/Bird Ranch have been
designated as Park Study Areas.
Policy: Consider regional recre- Operations at Rock Mountain are expected to continue
ation uses at Rock Mountain for about 50 years. A number of land uses, including
when operations are discontin- recreational uses, may be appropriate when operations
ued. If recreational uses are not are discontinued and the site is reclaimed.
appropriate, consider open space
uses or other uses compatible The 30-50 acre site east of the Gun Club/Bird Ranch
with OVRP. has been disturbed by agricultural operations and ap-
pears to be suitable for recreational development. How-
Policy: Conduct further environ- ever, the habitat and wildlife corridor value of the site
mental studies of the area east of have not been determined at this time and further study
the Gun Club/Bird Ranch to is needed before the site can be designated for recre-
determine the resource value and ational or other uses.
appropriate use of the site.
OTAY VALLEY REGIONAL PARK
Otay Lakes Vicinity
· ':. This Segment encompasses both Upper and Lower Otay
'~:~ Lakes, the surrounding slopes and the area to the south
?:: of the lakes.
· This Segment includes:
· * land owned by the City of San Diego Water Utili-
ties Department, including the lakes, which pro-
vides opportunities for picnicking, fishing and
boating, and the San Diego Air Park,
-...~ * the 70-acre Otay Lakes County Park,
· the open space area designated for habitat pres-
ervation on the County's East Otay Mesa Deten-
:~.' tion Facility site (The development area for the
Detention Facility is within the Boundary of the
Regional Park but it is not a part of the Concept
Plan),
· a 10 acre site used as a private habitat mitiga-
-- tion bank, northeast of O'Neil Canyon and south
of Otay Lake County Park, managed by The.En-
vironmental Trust, and
· a large vernal poot area located southeast of
Lower Otay Lake.
Access is available to this Segment from Wueste Road
and Otay Lakes Road.
CONCEPT PLAN
Policies for This Segment Elements in This Segment
The majority of this Segment is designated as Open 7.:
Space/Core Preserve Area. This designation covers the
lakes and surrounding slopes, the County's open space
lands, the area designated for open space protection on '.~
the East Mesa Detention Facility site, the vernal pool
area and a 10 acre private habitat mitigation bank site.
A number of Recreation Areas are designated on prop-
erties with existing recreational uses. These uses are both
public recreational areas and private commercial op-
erations. They include:
· Recreation Area # 12: about 70 acres, Otay Lakes
County park which was renovated and reopened
in 1999, includes picnic areas and associated day
uses, and approximately 50 acres for natural open
space. :'
· Recreation Area #13: about 15 acres, the City of
San Diego's existing public boat launch area with :.
parking and picnic facilities.
· Recreation Area #14: about 15 acres, boat launch
area associated with the Arco Olympic Training
Center.
· Recreation Area #15: about 20 acres, a picnic
area with parking and access to fishing around
the Harvey Arm of Lower Otay Lake.
· Recreation Area #16: about 60 acres, owned by
the City of San Diego and leased to the existing
San Diego Air Sports Inc., used as a landing field
and observation area for gliders, ultra light air-
Policy: Coordinate trail planning craft and parachutists.
with the Detention Facility.
Trail Corridors loop around the upper and lower lakes
and extend off site to BLM lands to the east and south- .:'"i
east and other regional trails to Proctor Valley to the north
and to Salt Creek Canyon to the northwest.
OTAY VALLEY REGIONAL PARK -...'
SEGMENT: OTAY LAKES VICINITY
R-' ~ !
/ I i
~., "X / COUNTY OF SAN DIEGO
/ ;
~ I ~ I ,'/
~ \/. I /
7: ,, ,',, - I
/ : ::: ~.~We r (~ ~ I~,~1~': :: :1:2::':':'2':':'''
/ ~ CITY OF '-
/
t
5:
:'. Legend ~:~ r. ~ ~,' /· ,,~.-.: :
1:2870
' , CONCEPT PL~
CHAPTER 4
FUTURE ACTIONS
CONCEPT PLAN
I~UTURE ACTIONS
FUTURE PLANNING AND
IMPLEMENTATION
Acquisition and development of OVRP will be a long term
effort accomplished through a variety of actions. These
actions will range from preparation of comprehensive
master plans and overall design guidelines to acquisi-
tion and development of specific areas in the Park. Con-
cept Plan Elements and Policies must be implemented
in both comprehensive plans and individual, incremen-
tal actions.
CONCEPT PLAN ACCEPTANCE AND L=
ADOPTION :
· Recommendation of accep- ACceptance and adoption of this Concept Plan has con-
tance by CAC sisted of several steps. The OVRP Citizen Advisory Corn-
·Acceptance by PC mittee (CAC) reviewed a preliminary draft Concept Plan,
· Adoption by Board of Superv~- provided comments and made a recommendation to the
sors and City Councils Policy Committee (PC) to accept the preliminary draft.
The PC considered the recommendations, made modi-
fications to the preliminary draft and accepted the draft
Concept Plan.
The draft Concept Plan was transmitted to the County of
San Diego Board of Supervisors and the City Councils
of the cities of San Diego and Chula Vista, through their
respective Planning Commissions, for adoption by each
jurisdiction.
Adoption of this Concept Plan does not result in modifi-
cation of existing jurisdictional boundaries, change ex-
isting zoning or land use plans or add new development
regulations. However, it may be necessary for each ju-
risdiction to adopt amendments to General, Commu-
nity and Specific Plans and to rezone land to be consis-
tent with the Concept Plan Elements as they are acquired
or developed by the public agencies.
I~ OTAY VALLEY REGIONAL PARK
- ENVIRONMENTAL REVIEW
7.[ Analysis of the potential environmental impacts of this
::: Concept Plan consistent with the California Environmen-
tal Quality Act (CEO. A) was conducted through the en-
~ vironmental review of the City of San Diego's Multiple
i!iii' Species Conservation Program (MSCP) Plan. A pro-
grammatic analysis was conducted of this OVRP Con-
~i:~ cept Plan within the MSCP Environmental Impact Re-
port (EIR).
CONCEPT PLAN AMENDMENTS
-.. This Concept Plan is intended to be a dynamic and flex-
ible document. While it is intended to provide long-range
:. policy guidance for the acquisition and development of
..! OVRP, amendments to the Concept Plan may be nec-
essary to respond to unanticipated changes in environ-
~. mental, social, economic or other conditions.
.. · Boundary changes
· Element changes Acquisition and development for OVRP will be consid-
ered in substantial conformance with this Concept Plan
· ;: · Amendment process
-~ when they meet the intent of the Plan. Amendments may
be needed to change the Boundary or to develop uses
that are not consistent with the Concept Plan. The pro-
-.: cess to amend the Concept Plan is the same as that to
':" accept and adopt it.
ADDITIONAL PLANS AND STUDIES
" .regional recreation marketing/ Future park planning may be needed to provide more
needs analysis and assessment specific guidance and/or detailed plans for development
~.. ·Recreation Area master plans, of Elements in the Regional Park. Studies, plans and
! site development and construc- design documents should address specific uses, circu-
tion plans lation, linkages to other features and areas both inside
.: · Open Space/Core Preserve and adjacent to the park development guidelines. Park
:.', Area habitat restoration and Study Areas require additional land use and environ-
enhancement plans, mental analysis to determine the appropriate uses for
=:' ~master trail plan and trail these sites.
:~ segment plans
· overall design guidelines:
:: architecture, land form, signs,
:' trails, parking lots, fencing,
lighting, and landscaping
CONCEPT PLAN
INTERIM ACTIONS
· acquisition of individual parcels In order to take advantage of opportunities for acquisi-
'· habitat restoration and/or tion and development as they are presented and because "
enhancement implementation of OVR? is expected to occur over a
· limited construction of trail number of years, some implementation is expected to
segments, staging areas, occur before comprehensive plans are completed.
viewpoints and overlooks
· passive recreation facilities
· renovation of existing facilities
· installation of signage
FUTURE PARK ADMINISTRATION AND
MANAGEMENT
Cooperative acquisition, planning and design of OVRP
is expected to continue under the JEPA adopted in 1990.
However, as land is acqui-red and de,~eloped~ operational ~ :-
and maintenance needs may call for new agreements
among the jurisdictions. Various options that could be
considered to address coordinated operations and main-
tenance responsibilities include, but are not limited to:
· additional agreements within the existing JEPA, .:
· establishment of a Joint Powers Authority,
through the JEPA, to manage acquiSition, develo
opment and operations, or -.::
· contracting with a private park management firm
or non-profit organization,
The JEPA provides a forum to determine these issues.
OTAY VALLEY REGIONAL PARK
APPENDIX
~--' ,. CONCEPT PLAN
APPENDIX "A"
Joint Exercise of Powers Agreement
~ OTAY VA! .! .~'Y REGIONAL PARK .i...
JOINT EXERCISE OF POWERS ' APPENDIX A
AGREEMENT AMONG THE
COUNTY OF SAN DIEGO A/~D THE
CITIES OF CHULA VISTA AND
SAN DIEGO
FOR PLANNING AND ACQUISITION
FOR THE OTAY VALLEY
REGIONAL PARK
THIS AGREEMENT, dated for convenience as of the ~O~- day
of 1990 among the cities of Chula Vista and San Diego,
and the County of S~n Diego, existing under the laws of the State
of California (hereinafter referred to individually or collectively
as Public Agencies)
W I TN E S S E TH
W/{EREAS, the Public Agencies are each empowered by law to
acquire and hold property and to plan and design public facilities
and appurtenances for park purposes; and
WHEREAS, the Public Agencies desire to coordinate acquisition,
planning and design of the Otay Valley Regional Park for the
benefit of their citizens and the public; and
WHEREAS, it is believed that joint cooperation and
participation among the Public Agencies will be mutually beneficial
and in the public interest;
FLOW, THEREFORE, the Public Agencies, Agree as follows:
SECTION 1. Purpose.
This Agreement is made pursuant to the provisions of Article
1, Chapter 5, Division 7, Title 1 of the Government Code of the
State of california commencing with Section 6500, (hereinafter
referred to as the "Act") relating to the joint exercise of powers
z DOCUMENT NO. r-
F LEO APR 3 01990
OFFICE OF THE CITY CLERK
APPENDIX A
common to public agencies. The Public Agencies possess the powers
referred to in the above recitals. The purpose of this Agreement
is to exercise such powers jointlY by coordinating acquisition,
planning and design of the Otay Valley Regional Park. Operation
and maintenance of the acquired park land are not covered by this
Agreement.
SECTION 2. Term.
This Agreement shall become effective when executed by all
parties and shall Continue in full force and effect for 25 years
from the date hereof or until terminated by any of the agencies
upon 30 days written notice to the other agencies. At the
expiration of the term provided for herein, any money appropriated
by the Public Agencies for the coordination of this Agreement which
is not spent shall be returned to the parties in proportion to
their respective contributions.
SECTION 3. Boundaries.
The boundaries of the territory within which the Public'
Agencies shall exercise their powers under this agreement shall be
the Focused Planning Area as defined by the 'Focused Planning Area
Map which will be developed and adopted by the agencies subsequent
to the approval of this agreement. Adoption of the Focused
Planning Area shall not be construed to affect the uses to which
any property may legally be devoted. The Focused Planning Area
boundaries will be established only after public ~eview, noticed
hearings and approval by the Public Agencies. All Public Agencies
shall proceed as expeditiously as possible in identifying the park
2
OTAY VALLEY REGIONAL PARK
boundaries and exercising their powers to plan and design a park.
Adoption of the Focused Planning Area is not intended to create,
per, se, a potential for a determination that subsequent
encroachment or developman~ within the Focused Planning Area
results in a significant environmental effect under the California
Environmental Quality Act. Recognition of the Focused Planning
Area boundaries is not intended to constitute an announcement of
the Public Agencies' intent to acquire, by purchase ~r
condemnation, any particular parcel of property located within said
boundaries, but rather is intended to facilitate continued planning
for potential future park development.
SECTION 4. Policy Committee.
A Policy Committee consistin~ of three elected
representatives appointed respectively by the San Diego County
Board of Supervisors, the Chula Vista City Council and the San
Diego City Council shall set the policies for the administration
of this Agreement. The representative from the County of San Diego
shall be a member of and appointed by .the County Board of
Supervisors. The representative from the City of Chula Vista shall
be a member of and appointed by the City Council. The
representative from the City. of San Diego shall be a member of and
appointed by the city Council..Appointment to the Policy Committee
shall be for a term not to exceed the appointee's current term in
office. A quorum for the purposes of conducting business will
consist of two members of the Policy Committee. In the absence of
CONCEPT PLAN
APPENDIX A
a quorum, a single member present may move to adjourn.
The Policy Committee may adopt bylaws, rules and regulations
as required to conduct its meetings and business.
The Policy Committee shall conduct regular meetings at least
annually and at such other times as may be determined by the
Committee or provided for in its bylaws.
The Policy Committee shall appoint a Citizens Advisory
Committee and regulate its activities.
The Ralph M. B~own Act (Government Code Sections 54950-5496~)
shall govern the proceedings, noticing and general activities of
this Policy Committee.
SECTION 5. citizen Advisory Committee.
The Citizen Advisory Committee shall consist of thirty
members to be appointed by the Policy Committee. The Citizen
Advisory Commit~e~ shall select ~o~.its. membersb~ip a eh~irperson
and a vice-chairperson. The Citizen Advisory Committee membership
shall be comprised of members from the community, members of
community organizations', property owners and others as determined
by the Policy Committee. The purpose of the Citizen Advisory
Committee is to advise the Policy Committee by facilitating the
transfer of information between a broad-based group of concerned
community members and the Policy Committee.
The Citizen Advisory Committee members shall serve at the
pleasure of the Policy Committee for a term to be set by the Policy
Committee. A quorum for the purpose of conducting business will
consist of a simple majority of the members of the Citizen Advisory
OTAY VALLEY REGIONAL PARK
. City Administration Building, 202 C Street, APPENDIX A
~'. FouzLk. Eloor, San Diego, C~ 92101 or City Manager, City
~' of Chula Vista at 276 4th Avenue, Chula Vista, CA 92010 or to such
address as the Public Agencies may subsequently specify in writing:
~t~,~
SECTION !!. Governing Law.
This Agreement shall in every respect be binding upon the
parties hereto and their respective successors and assigns. This
: Agreement shall be governed by the laws of the State of California.
': SECTION 12. Provisions Required by Law.
': Each and every provision of law and clause required by law to
be inserted in this Agreement she!! be deemed to be inserted herein
-['... and the Agreement shall be read and enforced as though it were
included herein, and if for any reason any such provision is not
inserted, or is not correctly stated, then upon application of any
". party the Agreement shall forthwith be phys~cal!y amended to make
such insertion or correction.
> SECTIO~ !3. Partial Invalidity.
If any provision of this Agreement or the application thereof
to any person or circumstances shall to any extent, be invalid or
:. unenforceable, the remainder of this Agreement, or the application
of such provision to persons or circumstances other than those as
]:.
" to which it is invalid or unenforceable, shall be affected ~hereby,
:: and each provision of this Agreement shall be valid and be enfcrced
CONCEPT PLAN
APPENDIX A
to the fullest extent permitted by law.
SECTION 14. Entire Agreement.
This Agreement contains the entire understanding of the
par~ies. No term or provision hereof may be changed, waived,.
discharged or terminated unless the same be in writing, signed and
executed by the parties to'the Agreement;
1~1 OTAY VALLEY REGIONAL PARK
IN WITNESS W~EREOF, the parties hereto have caused this
Agreement to be executed and attested by their proper officers
thereunto duly authorized, as of the date first above written.
CITY OF CHULA VISTA
CITY OF SAN DIEGO
ATTEST:
city Clerk
pP . --------- ' .~-l--~///' .//'" .~ z
Clerk o~ Board of Supervisors
09/14/89
APPENDIX A
RESOLUTION NO. 15502
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT AMONG
THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AND
SAN DIEGO FOR PLANNING AND ACQUISITION FOR THE OTAY
VALLEY REGIONAL PARK, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City of Chula Vista, City of San Diego and County of
San Diego control property within the Otay River Valley area, and
WHEREAS, all three governmental agencies are participating in the
creation of a regional park within this valley, encompassing the area.from
south San Diego Bay along the Otay River Valley corridor to Lower Otay
reservoir and beyond, and
WHEREAS., a Policy Committee, comprised of )layor Corn,. Councilmember
Bob Filner (San Diego) and Supervisor Brian Bilbray {County), has been formed
to act as the decision-making body for policy issues related to development of
a park plan and a Citizens Advisory Committee has been appointed by the Policy
Committee to provide input on the park planning process, and
WHEREAS, at a combined Policy Committee and Citizens Advisory
Committee meeting on December 8, 1989, the Policy Committee approved adoption
of a Joint Exercise of Power Agreement {JEPA) to provide a more formal
structure for inter-agency planning and coordination, and
WHEREAS, this JEPA has been forwarded to the governmental agencies
for their approval, and is attached hereto·
NOW, THEREFORE, BE IT RE~oLVED that the City Council of the City of
Chula Vista does hereby approve the Joint Exercise of Powers Agreement among
the County of San Diego and the Cities of Chula Vi.sta and San Diego for
planning and acquisition for the Otay Valley Regional Park, a copy of which is
attached hereto and incorporated herein by reference as if set forth in full~
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista
be, and he is hereby authorized and directed to execute this agreement for and
on behalf of the City of Chula Vista.
Presented by .. Approved as to form by
~e ?A~--~ .-~- '.~[~.~(~i~..~ J~..r"Z'~
· d D. R~chara Rudolf \
Director of Parks and Recreation Assistant City Attorney L ~}
OTAY VAI] ?.Y REGIONAL PARK .,, .. .
~7
APPENDIX A
(R-90-1441)
RESOLUTION NUMBER R- 2~ ''
ADOPTED ON APR 3 019g0
BE IT RESOLVED, by the Council of The City of San Diego, that
the Council hereby approves the establishment of the Dray Valley
Regional Park Joint Powers Authority, in accordance with the
terms and conditions set forth in the Joint Exercise of Powers
Agreement among the cities of San Diego and Chula Vista and the
County of San Diego, a copy of which is on file in the office of
the city Clerk as Document ~o. RR- 275620 .
BE ZT FURT5ER RESOLVED, that the City Manager is hereby
authorized and directed to execute said agreement for and on
behalf of The City of San Diego.
BE IT FURTHER RESOLVED, that the City Council hereby approves-
the appointment of the Councilmember from Council District 8
to serve as the representative to the Otay Valley Regional Park
Joint Powers Authority.
BE IT FURTHER RESOLVED, that the representative and duly
elected or appointed successor shall serve on the' Authority at
the pleasure of the City Council.
APPROVED: JOHN W. WITT, City Attorney
By ~
Deputy City Attorney
RH:mb
03/29/90
'Or Dept:Plan
R-90-t441
CONCEPT PLA~
APPENDIX A
'~' "'' Passed and ado~j by the Council of The 4_,: of San Diego on ;i-
APR 80199fl by the following vote:
YEAS: Wolfsheimar, Robertst Hartle¥, Pratt, Bernhardt. McC~a~cy, ;:i~"
FiJ.nor, Mayor O'Cormor.
NAYS: None. ·
NOT PRESENT: Henderson.
AUTHENTICATED BY:
~UREEN O'CONNOR
Mayor of The City of San Diego, California
... CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, california
(SEAL)
By: RHONDA R. BARNES , Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true
..... . ...... ·
and correct copy of .RESOLUTION NO. R- ~ , passed
and adopted by the Council of The City of San Diego, California
APR 2 01990
on
CHAP. LES G. ABDELNOUR
City Clerk of The City of San Di~.go, California
(SEAL)
OTAY VAI ,l_kY REGIONAL PARK
APPENDIX "B"
Focused Planning Area Map
CONCEPT PLAN
.APPENDIX B -
l ~ ~a~ I-'.. -.,~-~',,:'--~.~,.
· . ....... ~.s .'~' ..~.;:,
8~ ~ ~ ........ ."-;'
/~ ~ ~ "-'
~-,.~:,.>.,.. ~., x ?: .~
' '~' --"- . ~N~ . :.~ .....
~.. ·
~ ~ . ~ t~;,.- *..,.~.-.~ .,* . . . .~-.
· .., ';~ ~- c'..x:.~: .~...- . _., ~, ~-'~ ....
. . . . .. ,.,~, .~ ..... ,,~.. ,~ ~ lq'. '~.~.4~.'
~.~ ..... . ......... -'~,- ................
.. , ..... ~. ,.. ...... ~ .... ~. --~._
O ~ : -'~'; - ' ' ' '- .... ~ , "'' ~ .-c.~-~.., ...
~ ~ - ,,-. -:,, .., . ,. · .;-~,~..~ ~ . ~-~-~ -~. ...*~. .',
' ·" ..~:' ..... r . .* *. - - ~ - '~ "-~
.... . ..... ~ .~. : ...
O~
OTAY V~I .I .~ REGIONAL PARK ;.'.-
Public Meetings
CONCE~ PLAN
APPENDIX C
Property Owner Forums
November 3, 1995 _
January 24, 1996
May 7, 1997 ::
San Diego County Park Advisory Committee .-
July 27, 1995
April 12, 1997
December 3, 1997
Otay Valley Road Project Area Committee (Chula Vista) November 6, 1995
Southwest Redevelopment Project Area Committee (Chula Vista) November 6, 1995
Otay Mesa Recreation Council (San Diego) November 9, 1995
South Bay Recreation Council (San Diego)
November 15, 1995 - '
Otay Mesa Community Planning Group (San Diego)
November 15, 1995 -
Chula Vista Parks and Recreation Commission November 16, 1995
Southern Area Committee (San Diego) December 6, 1995
Otay Mesa/Nestor Community Planning Group (San Diego) January 10, 1996
San Diego Planning Commission Workshop June 26, 1997
Chula Vista Planning Commission Workshop August 20, 1997
OTAY VAI.IF.y REGIONAL PARK
~:i APPENDIX C
': ' City of San Diego, Planning Commission,
Approves the Draft Concept Plan
::', April 30, 1998
County of San Diego, Planning Commission,
Approves the Draft Concept Plan
December 19, 1997
~:~ City of Chula Vista, Planning Commission,
· :-: Approves the Draft Concept Plan
August 12, 1998
City of National City, Council, Approves the Draft Concept Plan November 17, 1998
CONCEPT PLAN
APPENDIX "D"
Other Relevant Plans and Studies
CONCEPT PLAN
APPENDIX D
· CITY LAKES RECREATION DEVELOPMENT PLAN
Prepared for: City of San Diego Park and Recreation Board
Prepared by: City of San Diego (1987)
Available for review at the San Diego Water Utilities Department, City Lakes Office '
· LOWER OTAY RIVER WETLANDS ENHANCEMENT PLAN ~"
Prepared for: The Southwest Wetlands Interpretive Association and California State
Coastal Conservancy
Prepared by: Michael Brandman Associates, August 1989
Available for review at the San Diego County Department of Parks & Recreation
· . OTAY VALLEY REGIONAL PARK MASTER PLAN
Prepared for: The City of San Diego
Prepared by: Estrada Land Planning Inc., May 9, 1990
Available for review at the San Diego Community and Economic Development
Department
· CONCEPTUAL MASTER PLAN OTAY VALLEY REGIONAL PARK
Prepared for: City of San Diego
Prepared by: City of San Diego Planning Department, August 8, 1990
Available for review at the San Diego Community and Economic Development
Department
· OTAY RIVER VALLEY RESOURCE ENHANCEMENT PLAN
Prepared for: State of California Coastal Conservancy and City of Chula Vista -..:.
Prepared by: Wallace, Roberts and Todd, August 26, I991
Available for review at the Chula Vista Planning Department ·
· OTAY RANCH RESOURCE MANAGEMENT PLAN
Prepared for: City of Chula Vista and County of San Diego
Prepared by: The Baldwin Company/Otay Ranch Team
Available for review at the County of San Diego Department of Parks & Recreation
and the Chula Vista Planning Department
· OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP)/SUBREGIONAL
Prepared for: City of Chula Vista and San Diego County, adopted October 28, 1993
Prepared by: The Baldwin Company/Otay Ranch Team
Available for review at the Chula Vista Planning Department and the County
Department of Planning and Land Use
· OTAY RANCH FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT:
Prepared for: The Baldwin Company/Otay Ranch Team, December 1992
Prepared by: Odgen Environmental and Energy Services ·
Available for review at the Chula Vista Planning Department and the County ': ''~
Department of Planning and Land Use
Additional plans that provide information:
Otay Mesa Nesor Community Plan
Otay Mesa Community Plan and EIR
Donovan State Prison EIR
OTAY VAI. J. Y REGIONAL PARK
APPENDIX "E"
Vegetation Communities within
Otay Valley Regional Park
.~. , , CONCEPT PLAN
APPENDIX E
Maritime Succulent Scrub ~gIBII:IRI~llg~
This scrub is a low open scrub community that is domi- Coast Barrel Cactus
hated by a mixture of stem and leaf succulent species Ferocactus viridescens
and drought deciduous species that all occur within Velvet Cactus
sage scrub communities. This plant community oc- Bergerocactus emori :.:
curs on thin rocky or sandy soils, on steep slopes of Dudleya
coastal headlands and bluffs Dudleya spp.
Desert Thorn
Lycium californicum
Cliff Spurge
Euphorbia misera
Location: A ~ II~ ~ ~ I~ 1~ ~ ~] ~ ~ ~:~ ~ ~ ~
Diegan Coas~l Sage Scrub Common plants
This scrub is one of two major shrub types that occur California sagebrush
in California. This habitat type occupies dry sites char- Artemisia californica
acterized by shallow soils. Sage scrub is dominated Flat-top buckwheat
by subshrubs whose leaves fall during summer drought Eriogonum fasciculatum
and are replaced by a lesser amount of small leaves. Laurel Sumac
This adaption of drought evasion allows ~ese species Malosma laurina
to better withstand the prolonged drought period in Lemonade Berry
the summer and fall in areas of low precipitation. Sage Rhus integrifolia
scab species have relatively shallow root systems and Black Sage
open canopies. This last trait allows for the occur- Salvia melifera
rence of substantial herbaceous component in coastal
sage scrub.
Location: ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~
Charnise Chaparral Common plants
The most widely distributed chaparral shrub is chamise. Chamise
Chamise's large distribution may be a result of it be- Adenostoma fasciculatum ..
ing the only chaparral species that regenerates from Mission Manzanita
fire from both an underground root crown and the pro- Xylococcu bicolor
duction of seeds traits. It often occurs on dry slopes Lord's Candle
and ridges, and is found on shallower, drier soils or at Yucca whipplei :..
somewhat lower elevations than southern mixed chap-
arral.
OTAY VALI .l y REGIONAL PARK
APPENDIX E
Southern Mixed Chaparral
.:.~ Chaparral is composed of shrubs that grow to about Chamise
(i.~ six to ten feet tall and form dense often nearly impen- Adenostoma fasciculatum
etrable stands. The plants of this association are typi- Mission manzanita
~, cally deep-rooted. This habitat occurs on dry, rocky, Xylococcus bicolor
:;"~' often steep north-facing slopes with little soil. Scrub oak
"" Quercus berberidifolia
...- Ramona Lilac
~ Ceanothus tomentosus
Toyon
Heteromeles arbutifolia
' Malosma
· Malosma laurina
i::'~ Southern Interior Cypress Forest (~ommon plants
Southern interior cypress forest is a relatively dense, Tecate Cypress
low, fire-maintained coniferous forest dominated by Cupressus forbe$ii
Tecate cypress. Stands of this association are often
·: even-aged due to high mortality rates during fires and
the requirement of high temperature to stimulate seed
:. germination. Tree density varies in relation to site fac-
': tors and fire history.
ii): Southern Riparian Forest Common plants
Southern riparian forest is an open or closed canopy Fremont's Cottonwood
forest that is generally greater than 20 feet high and Populus fremontii var. fremontii
~: occupies relatively broad drainages and floodplains Willow species
'-' supporting perennially wet streams. This community Salix gooddingii
is dominated by mature individuals of winter decidu- Salix lasiandra
ous trees, and often has a dense understory of plant Salix lasiolepis
-. material. The dominant species require moist bare Sycamore
': soils for germination and establishment. This is pro- Platanus racemosa
vided after flood waters recede, which leads to uni-
:. form-aged stands.
.: ., CONCEPT PLAN
APPENDIX E
Southern Riparian Scrub
Southern Riparian Scrub is a generic term for several
shrub dominated communities that occur along drain-
ages and/or riparian corridors. Southern willow scrub,
mulefat scrub, and tamarisk scrub are the three most
common to the plan area. (This is mapped as a single
entity by the MSCP.)
Southern Willow Scrub Common plants
This scrub consists of dense, broadleaved, winter-de- Mulefat
ciduous stands of trees dominated by shrubby wil- Baccharis glutinnosa
lows in association with mulefat. This habitat occurs Curly Dock
on loose, sandy or fine gravelly alluvium deposited Rumex crispus
near stream channels during flood flows. Cocklebur
Xanthium strumarium var. canadense
Western Ragweed
Ambrosia psilostachya
Mulefat Scrub
This is a riparian scrub community dominated by
mulefat and interspersed with shrubby willows. This Baccharis glutinosa
habitat occurs along intermittent stream channels with
a fairly course substrate and moderate depth to the
water table. This plant community is maintained by
frequent flooding, the absence of which would lead to
a riparian woodland or forest.
Coastal and Valley Freshwater Marsh
Freshwater marsh occurs in wetlands that are Rush
permanently flooded by standing water. It is often Juncus sp.
characterized by uniform stands of bulrushes or Cattails
cattails. Typha spp
Umbrella sedge
Cyperus sp.
Spike Sedge
OTAY VAI.I REGIONAL PARK
Tamarisk Scrub
· : ~ This scrub is a weedy stand of tamarisk species, ail of Tamarisk
::'.~ which are non-native species that displace native veg- Tamarix species
etation subsequent to a major disturbance. This habi-
.::~ tat occurs along intermittent steams in areas where
='ii:i high evaporation rates increase the salinity level of the
soil. Tamarisk is a plant that can obtain water from an
underground water table. Because of its deep root
'i:.. system and high transpiration rates, tamarisk can sub-
stantially lower the water table to below the root zone
of native species, thereby competitively excluding
them. As a prolific seeder, it is able to rapidly replace
the native species that it displaces within a drainage.
i Southern Coastal Salt Marsh Common Plants
: .- Salt marsh is a highly productive community of plants Pacific Cordgrass
not more that three feet tall, that are adapted to wet Spartina foliosa
and salt ladened soils. This plant community is found Perennial Pickleweed
~:.- along sheltered inland margins of bays, lagoons, and Salicornia virginica
estuaries where the wet soils are subjected to regular
tidal inundation by salt water.
Location: ~ ~
Disturbed Wetlands Common plants
This community is dominated by exotic wetland spe- Giant Reed
i.'i cies that have invaded sites that have been disturbed Arundo donax
or undergone periodic disturbances such that these Ox Tongue
~-.. invasive non-natives have displaced the native wet- Picris echioides
;'. land vegetation. Cocklebur
-" Xanthium strumarium L.
Tamarisk
.. Tamarix species
CONCEPT PLAN
APPENDIX E
Native Grassland ~
This grassland is a community dominated by peren- Purple Needlegrass !:'
nial bunchgrasses such as purple needle grass with Achnatherum pulchra ':'"'
annual and perennial forbs such as common golden Blue-eyed grass
stars and California blue-eyed grass. Native grass- Sisyrinchium bellum
lands generally occur on fine-textured soils that are Golden Stars .:.:
moist or wet in winter, but very dry in summer. Shrubs Bloomeria crocea ssp. crocea
are infrequent, probably due to the unstable clay soils.
Non-Native Grassland
This grassland is a dense to sparse cover of annual Wild Oat
grasses, often associated with numerous species of Avena sp.
showy-flowered native annual forbs. This association Soft Chess
occurs on gradual slopes with deep, fine-textured, usu- Bromus mollis
ally clay soils. Most of the annual introduced species Red Brome
that comprise the majority of species and biomass Bromus rubens
within the non-native grassland originated from the Ripgutgrass
Mediterranean region. An area with a long history of Bromus diandrus
agriculture and a climate similar to Californ~a,~ These- Ryegrass,,.
two factors, in addition to intensive grazing and agri- Lolium sp.
cultural practices, in conjunction with severe droughts, Mustard
contributed to the successful invasion and establish- Brassica species
ment of these species and the replacement of native .
grasslands with an annual dominated non-native grass-
Ruderal Vegetation Common Plants
These vegetation areas that are highly disturbed are Red Brome
dominated by non-native weedy species that are Bromus species
adapted to a regime of frequent disturbance. Many of Mustard
the characteristic species of ruderal habitat are also Brassica species
indicator species of annual grasslands, but ruderal ar- Tocalote
eas tend to be more dominated by forbs than grasses. Centaurea melitenis .'..~i
Russian Thistle
Salsola australis -ii
OTAY VALLEY REGIONAL PARK
~' · APPENDIXE
San Diego Mesa Vernal Pools
:~' Vernal pools are a highly specialized plant habitat oc- Otay Mesa Mint
'.'-~ curring on undeveloped mesa tops and supporting a Pogogyne nudiuscUla
unique succession of floral species. These pools fill San Diego Button Celery
..'--.'. with rainwater which does not drain off or percolate Eryngium aristulatum var. Parishii
·-.- away because of the mesa top topography and under- Orcutt's Grass
lying soil conditions (i.e., a hardpan or claypan layer Orcuttia californica
that prevents or impedes subsurface drainage). Vet- Prostrate navarretia
hal pools are often surrounded by hummocks called Navarretia fossalis
mima mounds. Pools and their supporting watershed Little Mousetail
constitute vernal pool habitat. Many of the species char- Myosurus minimus ssp. apus
acteristic of vernal pools are also some of the most Variegated Dudleya
' sensitive species in San Diego County and California. Dudleya variegated
San Diego Goldenstar
Muilla clevelandii
Eucalyptus Woodland Common Plants
Eucalyptus woodland is typically characterized by Gum Trees
dense stands of gum trees. Plants in this genus, im- Eucalyptus species
ported primarily from Australia, were originally planted
in groves throughout many regions of coastal Califor-
nia as a potential source of lumber and building mate-
:. rials, for their use as windbreaks, and for their horti-
cultural novelty. They have increased their cover
. through natural regeneration, particularly in moist ar-
;.... eas sheltered from strong coastal winds. Gum trees
'- naturalize readily in the state and, where they form
dense stands, tend to take the place of native vegeta-
'~ tion, greatly altering community structure and dynam-
ics. Very few native plants are compatible with euca-
lyptus.
-: , , CONCEI::rr PLAN
Acknowledgements
and
Special Thanks
CONCEPT PLAN
ACKNOWLEDGEMENTS
CHULA VISTA CITY COUNCIL
Shirley Horton, Mayor
Stephen C. Padilla, Vice Mayor
John S. Moot
Jerry R. Rindone
Mary Sa]as
SAN DIEGO CITY COUNCIL
Susan Golding, Mayor
Harry Mathis, First District
Byron Wear, Second District
Christine Kehoe, Third District
George Stevens, Fourth District
Barbara Warden, Fifth District
Valerie Stallings, Sixth District
Judy McCarty, Seventh District
Juan Carlos Vargas, Eighth District
SAN DIEGO COUNTY BOARD OF SUPERVISORS
Greg Cox, First District, Chair
Dianne Jacob, Second District
Para Slater, Third District
Ron Roberts, Fourth District
Bill Horn, Fifth District
OVRP POUCY COMMITTEE
Greg Cox, Supervisor, County of San Diego, First District
Shirley Horton, Mayor, ChuIa Vista
Juan Vargas, Councilmember, City of San Diego, Eighth District
OVRP CITIZEN ADVISORY COMMITTEE
George Hanson, Chair, January 1996 - December 1997
John Willett, Chair, June 1991 - December 1995 and January1998 - Present
ALTERNATES TO THE OVRP CITIZEN ADVISORY COMMITTEE
Fred Cagle
Tom Davies
Jose Esparza
Andrew Mills
Les Stark
Janet Wart
OTAY VALI J='.Y REGIONAL PARK
OVRP JOINT STAFF, Concept Plan Preparation
Duane Bazzel, Chula Vista Planning Department
Marette Esperance, County Parks and Recreation Department
Howard Greenstein, San Diego Community and Economic Development Department
Jeff Harkness, San Diego Park and Recreation Department
Frank J. Herrera-A, Chula Vista Planning Department
or'iA, INC., Design and Publishing
Dennis Otsuji
Joseph Esposito
SAN DIEGO DATA PROCESSING CORPORATION, Maps
Tom McDowell
Martha Sievers
CONCEPT PLAN
SPECIAL THANKS
CHULA VISTA
Barbara Bamburger :
Beverly Blessent ::'
John Goss
Bob Leiter
Daniel M. Pass
Martin Schmidt
$hauna Stokes :.:
Doug Reid
Jess Valenzuela
SAN DIEGO
Kimberly Abe
Nancy Acevedo
Severo Esquivel
Paul Fiske
Ernie Freeman
Rachel Hurst
John Kovac
George Loveland
Marcia McLatchy
Ted Medina
Don Prisby
Robert Spalding
Mike Stang
Mike Stepner
Tom Story
COUNTY OF SAN DIEGO
Robert Copper :'"
Kelly Duffek
Bob Downer
Ken Gengler
Susan Hector
Michael G. Kemp
Alex A. Martinez
Tom Oberbauer
Janet Pineault
Anne Rast
Ric Repasy
Lari Sheehan
Mark Webb "~
OTAY VALI .l~'y REGIONAL PARK
L[!CI< [CO RxX3,RD
VIA FACSIMILE
May 15, 2001
City of Chula Vista City Council
c/o Chula Vista City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
Re: Proposed Olay Valley Regional Park Concept Plan; TCM 91-08
Honorable Mayor Horton and Councilmembers:
This finn represents Olay l,and Company, LI.C. the owner o£properly within Olay Ranch
snbject to the dra~ Otay Valley Regional Park Concept Plan ("Concept Plan"), including the Bird
Ranch/Gun Club site identified as Recreation Area//10. Otay Land Company generally supports
the drar2 Concept Plan and the goal ofpretecting environmentally sensitive areas while
respecting property rights and recognizing thc plans and policies embodied in the Olay Ranch
General Development Plan ("GDP").
Our specific comments arc as follows:
1. The Concept Plan should clarify that it will be necessary to build roads and install
other public t:acilities within the Focused Plmmmg Area ("FPA") to allow the planned
dcvelopmenl of Olay Ranch and to access private property within the FPA.
2. The Concept Plan does not refer 1o the ongoing watershed studies wilhin the FPA
being conducted by the City and County of San Diego with support from the Army Corps of
Engineers. To the extent that the watershed study will affect the Concept Plan or development
under the GDP. these issues should be addressed.
3. At Page 44, thc Concept Plan indicates that the Bird Ranch/Gun Club s:te has
been disturbed by ongoing agricultural and other development activities. 'The statement
appearing as the last sentence of Page 46 reads:
Luce Forward et. al, 5/15/01 4:03: PAGE 3/3 RightFA×
Honorable Mayor Horton and Councilmembers
May 15, 2001
Page 2
"However, the habitat and wildli i'e corridor value of the site have
not been determined at this time and further study is needed before
the site can be designated for recreational or other uses"
The Gun Club/Bird Ranch site is heavily disturbed and docs not support sensitive biological
resources Indeed, the entire ownership of Olay I~and Company within the FPA has been well
studied with regard to biological resources (for example, the GDP, Olay Ranch EIR, County
MSCP and City MSCP). The Concept Plan should reflect that the Gun Club/Bird Ranch is
suitable for development which will not adversely impact habitat and wildlife corridor values.
(4) Thc Gun Club/Bird Ranch site is identified as a property targeted for acquisition
for active recreational uses within the Concept Plan. The Olay Land Company and
representatives of the City/County have had discussions regarding the possible sale of the site for
public uses consistent with the Concept Plan. No agreement has yet been reached, in this
regard, thc Acquisition Policies begitming on page 24 of Concept Plan provide scant detail
concerning funding sources for park land acquisition or the timing of such acquisitions. Olay
Lm~d Company will continue its discussions with City/County representatives, however, pending
the approval of a purchase agreement for thc site Olay Land Company intends to process
appropriate applications for ~he private development of the property.
Thank you for your consideration of these comments. Please feel free to contact me if you have
any questions
Ve'trul~°uts' / ,~
~UCE, FORWARD, HAMILTON & SCRIPPS [ k~
JAC/ir
Frank ]. Herrera-A, (;hula Vista Planning Department (via fax~
Mr. R. Randy Goodson (via fax)
Mr. Simon Malk (via fax)
1639005 I
May 7th, 2001
MEMO TO: City Clerk ~ /(/'~'~
FROM: Patty Wesp 0 ~
SUB~TECT: RATIFZCATZON OF APPOINTMENT
At the request of Mayor Horton, would you please calendar the following item
under Mayor's Report for the next regular Council meeting:
Ratification of Appointment to the
Commission on Aging
STEVE PALMA
As you may recoil, Steve served two full terms on our Parks & Recreation
Commission. Thank You.
cc: Mayor Shirley Horton
Alice Kemp
Armando Buelna
Patricia Salvocion