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AGENDA
June 12, 2001 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: HELEN MARIE STOKES - COMMISSION ON AGING
· OATH OF OFFICE: SUSAN CARRILLO - COMMISSION ON AGING
CONSENT CALENDAR
(Items 1 through 7)
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. ltems pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of May 29, 2001 and May 31, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter ~om the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on June 5, 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. Memorandum from the Resource Conservation Commission and staff response
concerning the possible listing on the California Historic Register of the
Coronado Railroad Belt Line.
Staff recommendation: The letter be received and the City's position on the
project be communicated to the Resource Conservation Commission and other
appropriate agencies.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE 2799 AND APPROVING AMENDMENTS AND
ADDITIONS TO THE SAN MIGUEL RANCH PLANNED COMMUNITY (PC)
DISTRICT REGULATIONS FOR THE SAN MIGUEL RANCH SECTIONAL
PLANN1NG AREA (SPA), TO ADD FLOOR AREA RATIO REGULATIONS AND
TO AMEND LOT COVERAGE REGULATIONS (SECOND READING AND
ADOPTION)
When the SPA Plan and PC District Regulations were originally adopted by Council in
October 1999, lot coverage regulations, which address the percent of lot area that can be
covered by structures, were included in the PC District Regulations, but specific Floor
Area Ratio (FAR) regulations were not. This is a City-initiated clean-up amendment to
add FARs for San Miguel Ranch, similar to FARs which are used in other planned
communities in eastern Chula Vista. The developer, NNP-Trimark, agrees with the
proposed amendments and worked with staff in their preparation. (Director of Planning
and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING FUNDS, ACCEPTING BIDS AND AWARDING CONTRACT
FOR THE MEDIAN MODIFICATIONS ON TELEGRAPH CANYON ROAD, EAST
OF MEDICAL CENTER DRIVE (PROJECT ST-980) (4/5THS VOTE REQUIRED)
On May 2, 2001, the Director of Public Works received sealed bids for the median
modifications on Telegraph Canyon Road, east of Medical Center Drive (Project ST-
980). The work to be done includes mobilization, excavation and grading, removal and
disposal of existing improvements, installation of asphalt concrete pavement, crashed
aggregate base, curb and gutter, cold planing, saw cutting, four-inch stamped and colored
concrete median, street lighting, pavement striping and marking, traffic control,
protection and restoration of existing improvements. The work also includes all labor,
material, equipment and transportation necessary for the project. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH SAN DIEGO
EXPRESSWAY LIMITED PARTNERSHIP TO PROVIDE LOANED EXECUTIVE
SERVICES TO ASSIST IN EXPEDITING THE CONSTRUCTION OF THE SR-125
TOLL ROAD FACILITY, AND AUTHORIZING THE MAYOR TO EXECUTE THE
FIRST AMENDMENT
The need for the construction of SR-125 in order to continue the development in the
eastern area of Chula Vista has been well-documented in all of the City's traffic studies.
Page 2 - Council Agenda 06/12/01
However, the construction has become delayed due to the many state and federal
processes. The City has Will Kempton of the firm, Smith & Kempton under contract for
transportation advocacy services, and on September 22, 1998, the City and San Diego
Expressway Limited Partnership (SDELP) entered into an agreement for the assistance of
Mr. Kempton in breaking the state and federal "logjam". This item approves an
extension to the agreement with SDELP to pay for services of Will Kempton under the
City's contract with his firm. SDELP has requested that the term of the agreement be
extended beyond the original termination date due to the ongoing need for the services.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING RESOLUTION NO. 2001-099, APPROVING CLOSURE OF THIRD
AVENUE FROM "E" TO "G" STREETS FOR THE CHULA VISTA THIRD AVENUE
LEMON FESTIVAL ON AUGUST 19, 2001, TO AUTHORIZE THE CLOSURE
FROM 4:00 A.M. TO 9:00 P.M., SUBJECT TO CONDITIONS
On April 10, 2001, Council adopted Resolution 2001-099 authorizing the closure of
Third Avenue from "E" to "G" Streets for the annual Lemon Festival, to be held by the
Chula Vista Downtown Business Association (DBA) on August 19, 2001. The recent
Cinco de Mayo celebration, a DBA event, had closure hours of 6:00 a.m. to 8:00 p.m.
With the increased success of the event, more vendors and entertainers participated, and
it proved difficult for the DBA, City staff, volunteers and vendors to prepare for or take
down the event in the amount of time allotted. The Lemon Festival, traditionally, has
been a larger event than the Cinco De Mayo Festival. (Director of Community
Development)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING UNANTICIPATED GRANT REVENUES IN THE AMOUNT OF
$25,000 FROM THE STATE OF CALIFORNIA FOR THE COLLECTION OF
TRAFFIC STOP DEMOGRAPHIC DATA IN THE CITY OF CHULA VISTA, AS
PART OF A STATE-WIDE STUDY OF RACIAL PROFILING
The State of California and the California Highway Patrol have received grant funds to
distribute to California local law enfomement agencies to offset the costs created by the
collection of traffic stop demographic data. This is part of a state-wide effort to better
understand the practice known as "racial profiling" and to assist in the development of
deterrents where necessary. The grant provides $25,000 annually for a two-year period,
ending in 2003. (Chief of Police)
Staffmconunendation: Council adopt the resolution.
Page 3 - Council Agenda 06/12/01
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 generaIly prohibits the Council from takt'ng action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised and/or posted as public hearings as
required by law. If you wish to speak on any item, please fill out a "Request to
Speak"form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
8. CONSIDERATION OF APPROVAL OF TENTATIVE SUBDIVISION MAP PCS-01-
04 TO DEVELOP NINE LOTS FOR SINGLE-FAMILY HOMES AT THE WESTERN
EXTENSION OF EL LORO STREET (APPLICANT - DAN iRWIN)
The developer requests approval for a nine-lot subdivision known as Vista Del Loro, a
western extension of El Loro Street. The project site is located in an existing single-
family residential (R-l-7) zone, with a Montgomery specific plan land use designation of
low/medium density residential (6-11 dwelling units per acre), and a general plan land
use designation of low/medium residential. (Director of Planning and Building)
Staff recommendation: Council open the public hearing and continue it to the Council
Meeting of June 19, 2001.
9. CONSIDERATION OF ADOPTION OF A RESOLUTION AIViENDING THE
CURRENT YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(CDBG) ANNUAL PLAN TO YNCLUDE THE NYPRO SAN DIEGO PROJECT
NYPRO San Diego, a global manufacturer of custom injection molded products is
seeking financial assistance from the City to replace existing inefficient machinery with
new energy-efficient injection-molding machines. The new equipment purchase will
allow NYPRO to realize significant energy cost savings, thereby allowing NYPRO to
retain 120 jobs by maintaining its facility in Chula Vista, and to expand its operations,
creating 30 new jobs. (Director of Community Development)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMEND1NG THE CURRENT FISCAL YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) ANNUAL PLAN TO
iNCLUDE THE NYPRO SAN DIEGO PROJECT TO PURCHASE ENERGY-
EFFICIENT EQUIPMENT USING A SECTION 108 LOAN; AND
AUTHORIZING STAFF TO SUBMIT A SECTION 108 LOAN GUARANTEE
PROGRAM APPLICATION TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
Page 4 - Council Agenda 06/12/01
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
11. MAYOR'S REPORTS
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OPPOSiNG THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF
THE SAN DIEGO COUNTY PUBLIC LAW LIBRARY TO CLOSE THE
SOUTH COUNTY LAW LIBRARY
The Board o£Trustees o£the San Diego County Public Law Library is planning to
immediately close the South County branch, located in the South County
Courthouse in Chula Vista, while leaving open the Main, East County and North
County branches. Each courthouse in the County has a public law library. The
law libraries are an essential resource for attorneys practicing in the courthouses.
Mayor's Recommendation: Council adopt the resolution and authorize the Mayor
to send the resolution to the San Diego County Board of Supervisors and the
Board of Trustees o£ the San Diego County Public Law Library on behal£ of the
City.
B. Ratification of appointment to the Commission on Aging - Mary Jo Buettner.
12. COUNCIL COMMENTS
CLOSED SESSION
13. CONFERENCE WITH LEGAL COUNSEL REGARDiNG INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· One Case
14. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTiNG LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· Miller v. City of Chula Vista (BCS GIS 5987)
15. CONFERENCE WITH LEGAL COUNSEL REGARDiNG SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One Case
ADJOURNMENT to the Adjourned Regular Meeting on June 13, 2001 at 4:00 p.m. in the
Council Conference Room, and thence to the Adjourned Regular Meeting
on June 19, 2001 at 4:00 p.m. in the Council Chambers.
Page 5 - Council Agenda 06/12/01
CI~Y OF
CHUIA VISTA
OFFICE OF THE CITY A"I-rORNEY
Date: June 6, 2001
To: The Honorable Mayor and City Council
From: Ann Moore, Senior Assistant City Attorney
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of ~5/01
The Redevelopment Agency of the City of Chula Vista met in Closed
Session on ~'~01 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
Property: Assessor Parcel Nos. 568-270-03; 568-270-11
(approximately 2.85 acres located at the southeast
corner of Fourth Avenue and F Street)
Negotiating City Council/Redevelopment Agency (Sid Morris/Chris
Parties: Salomone) and Chula Vista Center {Robert Caplan)
Under
Negotiation: Price and terms and terms for acquisition
The Senior Assistant City Attorney hereby reports to the best of
her knowledge from observance of actions taken in the Closed
Session in which the Senior Assistant City Attorney participated,
that there were no reportable actions which are required under the
Brown Act to be reported.
AYM:lgk
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619)691-5037 · FAX (619~ 409-582,~
~1~{~~'~ Community Development Departmenl
City Of Chula Vista INFORMATION
276 Fourth Avenue
Chula Vista, Ca 91910
CI]Y OF 619.691.5047- 619.476.5,10 Fax MEMO
CHULA VISTA cvcorndev@ci,ch ula-vist a.ca.us
TO: The Honorable Chair and Members of the Re~le,velopment Agency
VIA: David D. Rowlands, Jr., Executive Director ~,~ 7
FROM: Chris Salomone, Executive Secretary (..~ '
DATE: June 7, 2001
RE: Letter received from Resource Conservation Commission dated April 16, 2001
The attached letter from the Resource Conservation Commission (RCC) is being provided to
Council per their request. Staff feels it is important that the following information also be
provided:
On April 2, 2001 the Resource Conservation Commission received a presentation on behalf of
Save Our Heritage Organization which called for the listing of the Coronado Belt Line on the
California Historic Register. At the same meeting Community Development staff provided an
overview of the pertinent actions to date by the City Council of the City of Chula Vista and other
responsible agencies to include:
July 27, 1999 - City Council supports the abandonment of the Coronado Belt Line along the
Chula Vista Bayfront
August 12, 1999 - After a presentation by Mayor Horton and others the MTDB Board of
Directors took the following actions:
· Approved a Bike Path License Agreement for the portion of the line from Imperial
Beach to the Western Salt plant
· Approved the Negotiation of License Agreements to use the Coronado Belt south of
F Street for bike paths, to accommodate development, use for parking, etc.
· Approved in concept the abandonment of the line from F Street south
· Referred the Analysis of the Use of the portion of the Coronado Belt Line from F
Street north to National City to a Committee for recommendations
Additionally, on May 10, 2001, the MTDB board of Directors voted (14-1) to support the
recommendation to discontinue use of the Coronado Branch Railway line south of "F" Street
along our Bayfront. MTDB and the Port and City staff will begin negotiating a lease of the
Railway right-of-way for 66 years. The motion included potential joint utility uses for the rail
corridor. Relocation of the ROW was deemed infeasible.
City Council direction has been consistent with the abandonment of the right of way for
accessory use to development. Despite this input from staff, RCC is recommending historic
designation of the ROW.
The RCC indicates in its memorandum to Council, dated May 15, 2001, that the listing of the
Belt Line on the State Historic Register will not impede future development of the bayfront - that
Letter from RCC
Page /12
June 7, 2001
these are "two very separate issues." However, in discussions with the State Office of Historic
Preservation (OHP), the listing of the Belt Line as an historic resource would serve as evidence
of findings of historic significance in future environmental (CEQA) reviews of any project
proposal for the bayfront area. As such, the environmental impacts of a project on the historic
resource list would need to be determined, evaluated, and mitigated if necessary. If mitigation
of a significant environmental impact is not possible, a project could not be approved unless the
City can make a statement of overriding considerations with supporting findings.
The State Historic Register Coordinator has indicated that Mr. Bevil has filed an application for
listing on behalf of SOHO and that a public hearing before the State Historical Resources
Commission has been set for August 3, 2001 in Long Beach.
Unless the City Council otherwise directs, City staff shall communicate the City's opposition to
the proposed designation to the RCC and take all appropriate measures to discourage such
designation by the State.
Attachments
1 - Minutes from the 4/2/01 RCC meeting
2 - Memo to City Council from RCC dated May 15, 2001
ATTACHMENT 1
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
April 2, 2001 DRAFT
Mercy Building Conference Room
430 "F" Street
MEETING CALLED TO ORDER: Commissioner Teresa Thomas called the meeting to
order at 6:45 p.m.
ROLL CALL/MOTION TO EXCUSE: Motion to excuse Chair Cindy Burrascano and
Vice-Chair Charles Bull was not executed.
MEMBERS PRESENT: Commissioners Teresa Thomas, Steve Thomas, Juan Diaz
and Pam Bensoussan
STAFF PRESENT: Marilyn Ponseggi, Environmental Review Coordinator
Brian Hunter, Planning & Environmental Manager
Linda Bond, Recording Secretary
OTHERS PRESENT: Alex Bevil, Historical Consultant
Chalmers Kerr, San Diego Railroad Museum
Bruce Semelsberger, San Diego Railroad Museum
James McVeigh, 644 Second Avenue
Steven Veach, 657 20th Street, San Diego
Louise Torio, 657 20th Street, San Diego
APPROVAL OF MINUTES: March 5, 2001
Approval of the March 5, 2001 minutes was postponed until after the presentation.
ORAL COMMUNICATIONS: None.
OLD BUSINESS
1. Presentation by Alex Bevil regarding the Coronado Branch Railway Line
Mr. Alex Bevil (historical consultant) gave a PowerPoint presentation on the
Coronado Railroad Belt Line. He presented the interrelationship between the
historic use of a transportation network and its association with the Coronado
Railroad Belt Line. The existing physical remains of the Belt Line is a 7.5-mile
railroad right-of-way between National City, south through Chula Vista, Imperial
Beach to the base of the Silver Strand. The San Diego Save Our Heritage
organization hired him to investigate the history of the Coronado Belt Line: 1 ) to
determine the right-of-way's historic significance, and 2) its eligibility under
CEQA. He described the CEQA criteria for historical designation.
DRAFT
RCC Minutes - 2 - April 2, 2001
Mr. Bevil indicated that members of the State Resources Board would be coming
down to tour the line on May 16, 2001 at 1:00 p.m. He invited the RCC members
to participate.
Ms. Marilyn Ponseggi (Environmental Review Coordinator) indicated that RCC
could not hold a meeting out of the City. She further clarified that the City Council
has taken action not to support retaining the right-of-way without asking the RCC
to look into it, and the right-of-way is not entirely within the City. She needed to
check with the City Attorney to find out exactly how to handle this because the
Brown Act regulates RCC activities.
Mr. Bevil stated that the railroad is one of the earliest independent interurban
short steam rail lines in San Diego County. Its original 20.3-mile route provided
direct steam freight and limited passenger rail service to the resort community of
Coronado and downtown San Diego. According to Mr. Bevil, it has a period of
historic significance from 1888 to 1950 where it was the major contributor to the
economic development of Coronado including National City, Chula Vista and
Imperial Beach. Mr. Bevil further stated that it is significant also through its
various corporate lives. The line provided convenience for the transfer of bulk
agricultural and industrial raw materials. It was also a critical hauler of strategic
material during both World Wars.
According to Mr. Bevil, with limited use today, the surviving 7.5-mile right-of-way
from National City south to Imperial Beach continues to retain historical
significance.
Commissioner Bensoussan proposed that the RCC vote to write a letter of
support for designation of the railroad right-of-way as a State historical resource.
Ms. Ponseggi indicated that the RCC could recommend that the City Council
support the action since the RCC is a recommending body to the City Council.
Mr. Brian Hunter (Planning & Environmental Manager) stated that in 1986, the
City sent an Environmental Impact Report (EIR) to the State of California stating
that the City was planning on developing the Bayfront. At that time, the City did
not receive any comments from the State that there was any issue with that
development, which included removing the railroad tracks. In 1992, the City redid
that EIR and again sent it to the State. Again, there was no comment. Neither of
the previous EIRs identified the right-of-way as a significant historic resource. In
1999, MTDB (owner of the line) looked at the potential abandonment of that
railway line.
Mr. Hunter read portions of a letter that Councilman Jerry Rindone had written to
Mr. Jack O'Lexey, dated February 7, 2001. "The City has taken the position that the
Coronado Branch Line should be abandoned in order to complete the long-planned
bicycle path that will circle San Diego Bay, You should also be aware that the
Metropolitan Transportation Development Board (MTDB) took formal action to abandon
DRAFT
RCC Minutes - 3 - April 2, 2001
the line on August 12, 1999 and recently reaffirmed their decision. In addition, the San
Diego Unified Port District has also called for the line to be abandoned in order to
facilitate redevelopment of the B.F. Goodrich campus." Councilman Rindone is the
City's representative to MTDB.
Commissioner Bensoussan stated that she spoke with Diane White of MTDB that
day at which time Ms. White confirmed MTDB has not formally abandoned the
rail line. Commissioner Bensoussan read portions of an agenda, etc. about
studies that are going on. "]'he Port of San Diego has appointed three of its members
to the Metropolitan Freight Rail Committee. They will be participating with the MTDB
Board members. The first meeting of the Committee is set for March 7, 2001. Mr. Linburr
and I have met with City Managers of National City and Chula Vista and will meet with
the City Manager of Imperial Beach and ports south to get a better understanding of the
issues in each of those jurisdictions relative to the Coronado Brandh Line and the various
plans for development on the line. We are continuing to have a dialogue with Rail
America and the San Diego and Imperial Valley Railroad relative to the legal and
financial issues involved in the formal abandonment and the central processes of
discontinuing its service. We will continue to report back periodically through the Board
on our progress in these matters." She felt it was within the scope of RGG to
determine if things in Chula Vista have historic significance and to ask the City
Council to look at the questions supporting historic designation.
Ms. Ponseggi indicated that making a recommendation such as that to the City
Council is within RCC authority. The RCC could designate a member to go to a
City Council meeting under 'Oral Communications' and let them know what your
thoughts are on this, and ask them if they would like to put it on the agenda for
consideration. The RCC could also send the City Council a letter.
MSC (Bensoussan/S. Thomas) to support historic designation on
the California Historical Register of the Coronado Belt Line Railroad
right-of-way and direct Commissioner Bensoussan, on behalf of the
Resource Conservation Commission, to draft a letter to the City
Council stating so, to be considered by the RCC at their next
meeting. Vote: (4-0-0-2) with Burrascano and Bull absent.
Commissioner T. Thomas requested that Mr. Bevil's presentation be attached to
the minutes. Ms. Ponseggi advised against that. The RCC might be better off to
make it an attachment to your letter to the City Council, which would make sure
that they see it.
Mr. Bevil indicated that he would send the presentation to Commissioner
Bensoussan.
MSC (Bensoussan/S. Thomas) to amend the motion to include Mr.
Bevil's presentation as an attachment to the draft letter. Vote: (4-0-
0-2) with Burrascano and Bull absent.
Rcc .4. DRAI: 2 2001
NEW BUSINESS: None.
APPROVAL OF MINUTES (Cont'd)
MSC (Bensoussan/S. Thomas) to approve the March 5, 2001 minutes as
submitted. Vote: (4-0-0-2) with Burrascano and Bull absent.
ENVIRONMENTAL REVIEW COORDINATOR COMMENTS: Ms. Ponseggi announced
that the annual Awards Banquet would take place on Thursday, May 17, 2001, at 6:00
p.m. at the San Diego Country Club. The Commissioners will be receiving invitations.
Staff will be forwarding all of the information as to RCC's two nominations and why on to
the Mayor's office so that those presentations will be made at the banquet.
CHAIR COMMENTS: None.
COMMISSIONER COMMENTS
Commissioner Bensoussan indicated that RCC forgot to address the question of the
train ride tour. Ms. Ponseggi again cautioned the Commissioners.
Commissioner T. Thomas asked if staff was still getting the response on the Mills Act?
Ms. Ponseggi indicated that the staff member who is preparing it is well aware of the
fact that the Commission wants to look at it before it goes. Commissioner Bensoussan
handed out informational packets regarding the Mills Act.
Commissioner Bensoussan distributed pamphlets regarding the Historical Home Tour
on May 12, 2001. Any Commissioners and City employees who wish to go are comp.
Ms. Ponseggi asked for and was given extra pamphlets to be placed on the Planning
and Mercy Building counters. An e-mail would be sent to Planning Department staff
regarding the tour. Ms. Ponseggi will keep a list of names and pass it on to
Commissioner Bensoussan.
ADJOURNMENT: Commissioner T. Thomas adjourned the meeting at 9:25 p.m. to a
regular meeting on Monday, April 16, 2001, at 6:30 p.m. in the Mercy Building
Conference Room, 430 'F' Street, Chula Vista, CA.
Prepared by:
Lir(Sa Bond
Recording Secretary
ATTACHMENT 2
DATE: May 15, 2001
TO: The Honorable Mayor and City Council Members
FROM: Resource Conservation Commission
SUBJECT: A CHULA VISTA HISTORICAL RESOURCE: THE CORONADO RAILROAD
BELT LINE AND ITS POSSIBLE LISTING ON THE CALIFORNIA HISTORIC
REGISTER
On April 2, 2001, the Resource Conservation Commission was given a presentation by hi:;~orian
Alex Bevil about the Coronado Railroad Belt Line. Brian Hunter, the city's Planning and
Environmental Manager for Community Development, provided an update on the City o[ Chula
Vista's future plans for the bay front area. Mr. Bevil is writing a designation report on t:,ehalf of
an organization named Save Our Heritage Organisation to have the Coronado Railroad Belt
Line listed on the California Historic Register.
The historian's presentation convincingly documented the fact that the Coronado Belt Line has
had significant impact on Chula Vista's formative years and helped chart the coarse, fo~' the
entire South Bay region. As such, the commission voted unanimously on April 2 to recommend
supporting the listing of the Belt Line on the State Register. A listing on the California Historic
Register would recognize the importance that the Coronado Belt Line has had in the
development of the South Bay, but it would not guarantee preservation of the Coron~¢:lo Belt
Line or prevent any future development of the Chula Vista waterfront. An outline of Mr ~;vil's
presentation citing the qualifying criteria is attached.
The commissioners came to this decision with its responsibilities in mind. These respor~.,~ibilities
are spelled out in Chapter 2.32 of the Chula Vista Municipal Code. Resource Conserw~tion
Commissioners are entrusted to make recommendations to City Council under the following
guidelines:
"to provide citizens advice to the city council in the areas of energy cons~rv~tion,
resource recovery, environmental quality, historic and prehistoric site protectiion, and
other related fields" (2. 32. O~ 0-Purpose & Intent)
"Safeguard the city's historic, aesthetic, social, economic, political and architectural
past;" (2.32. 030 J - Goals and Policies)
"Recommend to the city council the designation of any site which it has found t~ meet
the criteria as a historical site" (2.32.070 A - Historical Protection)
The recognition of the importance of this railroad by potential listing on the California Hi~;toric
Register is in no way associated with the preservation of the right of way. These are '~wo very
separate issues. Listing the Belt Line on the State Historic Register will not prevent pos,';ible and
future development of the Chula Vista bay front, as outlined by Mr. Hunter's discussion of
possible future plans for the area. Future bay front development plans may actually b,;r~ei'it by
such a listing through tax break incentives available when incorporating a designatec historic
entity within a development project. With this in mind, we recommend the viewing of M~ Bevil's
presentation and respectfully request that the Chula Vista City Council support hi,.;toric
designation for the right of way in order to benefit the citizens of Chula Vista in ew.~ry way
possible.
Attachment
The Coronado Railroad Belt Line
Alexander D. Bevil
Historian specializing in historic land use studies; historic site designation at
national, state and local levels
Project Scope
Retained by Save Our Heritage Organisation to investigate the history, historical
significance and potential for designation to the California Historic Register of
surviving remnant of the Coronado Belt Line
Resource Description
A 7.5-mile railroad right-of-way between National City south through Chula
and Imperial Beach to the base of the Silver Strand
Description of CEQA
Review levels of Criteria for listing on the California Register of Hisloric
Resources
Historic Significance
The surviving segment of the original 20.30-mile Coronado Belt Lin~ is
historically significant on the local level under Criteria 1of the California Register
of Historic Resources and Criteria A of the National Register of Historic Ph~ces
due to the following:
· One of the earliest independent interurban short steam rail lines in San Diego
County, its original 20.30-mile route provided direct steam freight and limited
passenger rail service between the resort community of Coronado and
downtown San Diego
· During its period of historic significance from 1888 to 1950 it was a major
contributor to the economic development of Coronado, as well as o[her
suburban communities along its right-of-way, including National City, C!'~ula
Vista, and Imperial Beach.
· Through its various corporate lives as the Coronado railroad, the san Di'ego
Southern, the San Diego & Southeastern, the San Diego & Arizona, and
finally the SD & Arizona eastern railway, the line provided the means fo~ the
transport of bulk agricultural and industrial raw materials from the region to
San Diego's harbor and transcontinental rail ~inks throughout the Urdt:ed
States
· Besides shipping bulk agricultural and industrial raw materials, the line was
also a critical hauler of strategic war materiel in and out of important local
industries during both world wars
· Western Salt Works at La Punta
· Hercules Powder Factory at Gunpowder Point
· RohrAircraft Plant
A section of the line between National City and Chula Vista shared service
with an electric traction interurban passenger line
· The forerunner of today's San Diego Trolley, the line served as part ol
key electric trolley commuter route that connected the south bay to
downtown San Diego's business center
Coronado Belt Line is also historically significant on the local level under Crit,.:,.ria
3 the California Register of Historic Resources and Criteria C of the National
Register of Historic Places due to the following:
· The surviving 7.5-mile segment of railroad right-of-way including its roadbed,
rails, ties, switches, and wooden trestles, represents a type, period
method of late 19th century and early 20th century railroad constructio~
techniques and materials.
· While these components may lack individual distinction, together they
represent a significant and distinguishable entity
Historical Integrity
The surviving 113-year old right-of-way is still able to convey its significance and
association with the original 20.30-mile Coronado Belt Line through the following:
· Its location, design, setting, materials, and feeling
· Its historic association with one of San Diego's earliest locally owned a,'~d
operated interurban short lines, which served as a vital rail transportation
corridor linking the South Bay with Coronado, San Diego, and
transcontinental rail links throughout the United States
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING ORDINANCE 2799 AND APPROVING
AMENDMENTS AND ADDITIONS TO THE SAN MIGUEL RANCH
PLANNED COMMUNITY (PC) DISTRICT REGULATIONS.
I. RECITALS
A. Project Site
WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically
represented in Exhibit 1 attached hereto, and for the purpose of general description consist of a
743.1 acre area north and east of Proctor Valley Rd., south of Sweetwater Reservoir and the
SDG&E Miguel Substation, and west of Rolling Hills Ranch, commonly known as the San Miguel
Ranch Planned Community ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on November 13, 2000, the City of Chula Vista Planning and Building
Department ("Applicant") filed an application requesting approval of amendments and additions to
the Planned Community (PC) District Regulations of the Sectional Planning Area (SPA) Plan for
the San Miguel Ranch Project Site ("Project") to establish Floor Area Ratio (FAR) standards,
hereto incorporated as Exhibit 2; and,
C. Prior Discretionary Approvals
WHEREAS, the Project site has been the subject matter of a Sectional Planning Area
(SPA) previously approved by City Council Resolution No. 19631 on October 19, 1999; and
WHEREAS, the Project site has been the subject matter of City Council Ordinance 2799
adopting Planned Community District Regulations, approved on October 19, 1999; and
WHEREAS, the Project site has been the subject matter of a third-tier Final Subsequent
Environmental Impact Report 97-02 (FSEIR 97-02) for the above SPA previously certified by City
Council Resolution No. 19630 on October 19, 1999; and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said project on
May 23, 2001, and voted 5-0-2 to recommend that the City Council approve the Planned
Community District Regulations text in accordance with the findings listed below.
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on May 23, 2001, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
Ordinance No.
Page 2
E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council of
the City of Chula Vista on June 5, 2001 on the Project, and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to same; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this ordinance was introduced for
first reading ( June 5,2001), the City Council of the City of Chula Vista approved Resolution No.
by which it certified an Addendum to FSEIR 97-02 for the San Miguel Ranch Project
subject to the findings and conditions contained therein.
II NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as
follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council certified by Resolution No. an Addendum to the FSEIR-97-02 in
accordance with requirements of the California Environmental Quality Act, the State EIR
Guidelines and the Environmental Review Procedures of the City of Chula Vista.
B. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council exercised their independent review and judgement with respect to the
Addendum to FSEIR 97-02 in the form presented, and has determined that said document was
prepared in accordance with requirements of the California Environmental Quality Act, the State
EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista.
C. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the findings and determinations set forth in Ordinance
2799 continue to be true and correct, and the proposed amendments and additions San Miguel
Ranch Planned Community District Regulations are consistent with the City of Chula Vista
General Plan, and public necessity, convenience, the general welfare and good zoning practice
support the proposed documents.
D. APPROVAL OF ZONING REGULATIONS
The City Council does hereby approve the amendments and additions to the San Miguel
Ranch Planned Community District Regulations which add Floor Area Ratio standards for San
Miguel Ranch as represented in Exhibit 2.
Ordinance No.
Page 3
III. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in the
event that any one or more terms, provisions or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be
automatically revoked and of no further force and effect ab initio.
IV. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by Approved as to form by
Robert A. Leiter John M. Kaheny
Director of Planning City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of ChulaVista,
California, this 5th day of June, 2001, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
(H:\ATTORN EY\SAN-MIG\SMR-FA R-CC-ORD~DOC)
EXHIBIT- 1
ORDINANCE NO.
PAGE
BONITA SUNNYSIDE
PROJECT
LOCATION
ROLLING
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT City of Chufa Vista PROJECT DESCRIPTION:
^PP,,c^;: San Miguel Ranch
PROJECT North of Proctor Valley Rd Request: To approve amendments and additions to
ADDRESS: & West of Rolling Hills Ranch San Miguel Ranch planned community district regulations
(zoning) to add floor area ratio development standards and
SCALE: FILE NUMBER: amend building coverage development standards.
· NORTH No Scale PCM-01-07
Ordinance No.
Exhibit 2
Page 1 of 4
TABLE of CONTENTS
(Continued)
CHAPTER/SECTION PAGE
9.4 Parking Development Standards ...................................................... 63
9.4.1 General Requirements .......................................................... 63
9.4.2 Special Requirements ........................................................... 64
9.5 Performance Standards .................................................................. 65
Chapter X ADMiNISTRATION .................................................................... 67
10.1 Purpose .................................................................................... 67
10.2 Standard Procedures ..................................................................... 67
10.3 Administrative Review ................................................................... 67
10.4 Site Plan and Architectural Approval .................................................. 68
10.5 Conditional Use Permit Review ......................................................... 68
10.6 Other Provisions ........................................................................... 69
FIGURES PAGE
Figure 2-1 SPA Land Use District Plan ............................................................... 3
Figure 2-2 Measuring Locations for Building Setbacks ........................................... 15
Figure 2-3 Measurements for Minimum Lot Area and Setbacks for Lots with
Internal Slopes .............................................................................. 16
Figure 2-4 Measurement of Split Side Yard Requirements ....................................... 17
TABLES PAGE
Table 2-1 Chart of SPA Land Use Districts ......................................................... 5
Table 2-2 Permitted Use Matrix-Residential Districts ............................................ 10
Table 2-3 Development Standards Residential Districts ....................................... 13
Table 2-3A Development Standards - Residential Districts (Rev. 6/05/01) ................ 13A
Table 2-3B Maximum Building Area ............................................................. 14B
Table 2-4 Permitted Use Matrix-Commercial District ............................................ 22
Table 2-5 Development Standards - Conunercial Districts ...................................... 28
Table 2-6 Permitted Use Matrix Community Purpose Facility District ...................... 30
Table 2-7 Development Standards - Community Purpose Facility District .................... 32
Table 2-8 Temporary Uses ............................................................................ 38
Table 2-9 Off-Street Parking Requirements ......................................................... 61
Table 2-10 Parking Table Design Standards ......................................................... 64
San Miguel Ranch Spa Plan Volume 2 PC District Regulations
NNP Tfimark Pacific San Miguel LLC June 5, 2001
Page TOC-3
Ordinance No.
Exhibit 2
Page 2 of 4
Development Standards Table 2-3A (Revised 6/05/01)
Land Usc Distr/ct SFE SF1 SF2 SF3 SF4 SF5 SFA MFI
Min. Lot Area (square feet) 20,000/ 7,000 6,000 b 5,000 b 4,500 b 4,000 ~ SP N/A
Measured 100 a 60 55 * 50 c 50 ~ SP SP N/A
Knuckle or cul<le-sac 40 35 35 35 35 SP SP N/A
Frontage
Flag lot frontage 20 20 20 20 20 SP SP N/A
Min. Lot Depth (feet)* 120 100 90 90 80 SP SP N/A
Maximum lot coverage 35 45 5~ ~ 5 15~-50 55 SP SP SP
(percen0
Floor Area .45 .50 .55 .60 .60 SP SP SP
Front Yard Minimum Setback r
To house 25 20 15 15 15 SP SP SP
To direct entry garage 25 20 g 20 ~ 20 g 20 g SP SP SP
To side entry garage 25 20 15 15 15 SP SP S P
To porch 20 17 17 17 15 SP SP SP
Side Yard Minimum Setbacks (feet) ~ ~*
To adjacent residential lot 15/10 i 10/5 i 10/5 i 5/5 5/5 SP SP S P
To adjacent street (exterior 20 I 0 10 10 10 S? SP SP
side yard)
Rear Yard Minimum Setback (feet)n h
To housel 25 k 20 15 15 15 S? SP SP
To garage with minimum 25i 15 5 5 5 SP SP SP
30-foot driveway
feeff# stories) 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories 3 stories
2 garage 2 garage 2 garage 2 assigned spaces, 1.5-1 BR
Parking Required (Off'- 2 garage 2 garage 2 garage spaces ~ spaces ~ spaces ~ min. 1 covered. 2.0-2BR
Street spaces per Unit) "' spaces spaces spaces Guest- 0.33/ 2.5-3BR+
Unit° Guest- 0.33/
Unit°
San Miguel Ranch SPA Plan Volume 2 - PC District R~ ~lations
NNP - Trimark Pacific, San Miguel LLC 13A June 5, 2001
Ordinance No.
Exhibit 2
Page 3 of 4
Table 2-3A Notes:
a. Within the SFE Dis[ricts, including Planning Areas K and L, the standard minimum lot size is 20,000 square feet, however,
up to 25% of the lots may be a minimum of 15,000 square feet, provided that the overall average lot size within Planning
Areas K and L is not less than 20,000 square feet.
b. Minimum lot area applies to the graded pad area of the lot (exclusive of slopes) in the SF3, SF4 and SF5 Districts.
Minimum pad area within the SF2 District shall be 5500 square feet.
c. Lot widths and depths are typical minimums but may vary slightly with irregularly shaped lots and site specific conditions.
Such variations are subject to approval of a variance, except where the variance requirements can be fulfilled by site plan
review required by other provisions of these regulations. Minimums such as lot width and depth may not be used in tandem
where they would result in lot area which does not meet the minimum lot area requirement.
d. The minimum lot width in SFE areas may be reduced to 90 feet for lots which are less than 20,000 square feet as allowed by
Note "a" above.
e. For lots with minimum widths of 55 feet or less, the minimum width standard shall apply to the level pad area (exclusive of
any side slope within the lot) and for purposes of this provision, the minimum width may be measured at the building line at
the front yard setback.
f. Amhitectural features, such as eaves, awnings, chimneys, niches up to 12 feet in length, balconies, steps, stairways, or bay
windows may project not more than four feet into any required front or rear yard area, and not more than two feet into any
required side yard.
g. May be reduced to 18 feet with use of roll-up garage door, except that in no case shall the distance to the nearest edge of
sidewalk be less than 20 feet.
h. Building setbacks shall be measured per Figure 2-3, which includes the following provisions:
The minimum level area within any side yard shall be 5 feet to top or toe of slope or base of wall for lots with internal slopes.
The maximum height of a retaining wall in a side yard is 3 feet.
The maximum height ora retaining wall in a rear yard is 5 feet, and where a retaining wall is greater than 3 feet high, a minimum 4-
foot horizontal separation is required between the retaining wall and a freestanding fence or wail.
The rear yard setback shall be based on the level pad area, measured from the top or toe of slopes for lots with internal slopes.
Where there are slopes within the side yard of a lot, building setbacks shall be measured per Figure 24.
j. in situations where the lot configuration has irregular angles, or otherwise results in an odd- shaped lot or building pad,
these minimums may be reduced subject to approval by the Director of Planning and Building.
k. The minimum rear yard setback is increased to 50 feet for all lots in Planning Area L whose property line(s) abut the
SPA boundary of San Miguel Ranch.
1. Building Height may be increased to 35 feet with Site Plan approval.
m. Parking standards for Senior Citizen or "affordable" residential development may be reduced from those specified in
the District in which it will be located. Such a reduction shall be at the discretion of the City Council through the
Conditional Use Permit procedure (CVMC 19.14.080), and subject to a parking study prepared by a registered traffic
engineer to ensure adequate parking will be provided.
n. Guest parking is encouraged to be provided for single family products, in addition to onsite driveway spaces, either on
the street where width allows, or in designated parking bays.
o. Required guest parking spaces shall be marked and clearly identified as guest parking. The guest parking spaces shall
not be permitted to be assigned to individual dwelling units.
"p." "The allowable building area for construction of dwellings~ or any remodeling or additions to dwellings for each
lot shall be as determined in table 2-3B below. The maximum building area for single family detached and
attached products, garages~ and other accessory structures shall be the square footage listed or that permitted
by the percentage of lot area, whichever is less. Homeowner additions shall be allowed only where consistent
with these standards. A 300 square foot open patio (covered but open on three sides) shall be permitted on each
residential lot and shall be exempt from inclusion in this calculation. All residential development proposals are
subject to review for consistency with the San Miguel Ranch Design Guidelines~ Residential Design Guidelines
Section 4.5 (Single Family) or Section 4.6 (Multi-Family)."
San Miguel Ranch SPA Plan Volume 2 PC District Regulations
NNP - Trimark Pacific, San Miguel LLC 14A June 5, 2001
Ordinance No.
Exhibit 2
Page 4 of 4
Table 2-3B: Maximum Building Area
San Floor Area Maximum
M~ Ratio Building Area
Ranch (F.A.IL) (Sq. Ft.)
District
SFE .45 N/A *
I SFJ .5~0 4500
, SF2 .55** 4300
! SF3 .60** 4000
SF4 .60** 3100(E)***
i 3500 (G)
SF5 SP SP
SFA se ! sJ~
MF Se S~'
Table notes:
* Maximum allowable building area will be regulated by coverage and setback regulations in the SFE
Land Use District.
** The maximum allowable F.A.R.'s in the SF2, SF3 and SF4 Districts are as follows. Lots numbers are
as shown on Chula Vista Tract 99-04~ approved 2/29/00 (Tentative Map PCS- 99-04):
SF2:.60 for lots 1-21, 3840, and 43-51 in Neighborhood I.
SF3:.65 for lots 6-8, 11-15, and 3741 in Neighborhood H.
SF4:.65 for lots 109-119 in Neighborhood E.
*** In the SF4 District, the Maximum allowable building area shall be 3100 square feet in Neighborhood
E and 3500 square feet in Neighborhood G .
SP - Standards to be determined concurrently with Site Plan and Architectural approval.
San Miguel Ranch SPA Plan Volume 2 - PC District Regulations
NNp ~ Trimark Pacific, San Miguel LLC 14B June 5, 2001
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 6/12/01
ITEM T1TLE: Resolution Appropriating funds, accepting bids and awarding
contract for the "Median Modifications on Telegraph Canyon Road East of
Medical Center Drive in the City o~;hula Vista, California (ST-980)" Project.
SUBMITTED BY: Director of Public Works
City Manager (}~o ~" (4/Sths Vote: Yes~X NoO
REVIEWED
BY:
On May 2, 2001, the Director of Public Works received sealed bids for the "Median Modifications on
Telegraph Canyon Road East of Medical Center Drive in the City of Chula Vista, California (ST-980)"
Project. The work to be done, includes mobilization, excavation and grading, removal and disposal of
existing improvements, installation of A.C. pavement, crushed aggregate base, curb and gutter, cold
planing, saw cutting, 4" P.C.C. stamped and colored concrete median, street lighting, pavement striping
and marking, traffic control, protection and restoration of existing improvements. The work also includes
all labor, material, equipment and transportation necessary for the project.
RECOMMENDATION: That Council appropriate an additional $35,000.00 from Trans DIF funds to
the current project budget of $85,0000, making the total project budget $120,000, accept bids and award
the contract for the "Median Modifications on Telegraph Canyon Road East of Medical Center Drive in
the City of Chula Vista, California (ST-980)" to New Century Construction, Inc. of San Diego,
California, in the amount of $69,300.00.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project was advertised previously and bids were rejected due to an item that was not included in the
traffic control section of the original specifications (restrictions on working hours). Because the cost of
the reduced ;vork hours ',vas not included in the bids received, the specifications were modified and the
project was re-advertised.
This project provides for the modifications of the raised median needed to increase the left turn pocket
opening by approximately 200 feet on westbound lanes of Telegraph Canyon Road to southbound lanes
of Medical Center Drive. Increasing the left turn pocket opening will ease the potential traffic backup on
;vestbound lanes of Telegraph Canyon Road and decrease the water utility cost due to reduced irrigation
and planting area in the median.
The general scope of the project involves the excavation and grading, removal and disposal of existing
improvements, installation of AC pavement, crushed aggregate base, curb & gutter, cold planing, saw
cutting, 4"P.C.C. stamped and colored concrete median, 4"P.V.C. drain pipe, street lighting, pavement
striping and marking.
The work also includes all labor, materials, equipment, transportation, protection of existing
improvements and traffic control necessary for the project and other work necessary to perform the new
improvements complete and workable.
Page 2, Item
Meeting Date: 6/12/01
Engineering Staff prepared plans and specifications and re-advertised the project. Staff received and
opened bids for the project on May 2, 2001.
The City received bids from nine contractors as follows:
CONTRACTOR BID AMOUNT
1. New Century Construction Inc., San Diego, California $69,300.00
2. Nickell Engineering, Chula Vista, California $73,550.00
3. MJC Construction, Chula Vista, California $78,200.00
4. Scheidel Contracting & Engineering, Inc., La Mesa, California $78,980.00
5. Nicholas Grant Corp., San Diego, California $86,690.00
6. Kirk Paving, Inc., La Mesa, California $87,124.25
7. Shiva Construction, Inc., San Diego, California $88,300.00
8. 3-D Enterprises, San Diego, California $94,850.00
9. Heffier Company, Inc., National City, California $98,381.19
The low bid by New Century Construction is below the Engineer's estimate of $75,725.00 by $6,425.00
or approximately 8%. Staff's bid estimate was based on average prices for similar type of work
completed during the last three years. Engineering staff has verified the references provided by the
contractor and their work has been satisfactory. The Contractor's License No. 614517 is current and
active. Staff has reviewed the low bid and recommends awarding the contract for $69,300.00 to New
Century Construction of San Diego, California.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is exempt under Section 15301, Class l (c) of the California Environmental
Quality Act (Existing Facilities).
Wage Statement
Contractors bidding this project were not required to pay prevailing wages to persons employed by them
for the work under this project. No special minority or women owned business requirements were
necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the
sending of the Notice to Contractors to various trade publications.
Page 3, Item
Meeting Date: 6/12/01
Fiscal Impact
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (New Century Construction) $69,300.00
B. Contingencies (approximately 15%) $10,700.00
C. Staff Costs (Design, Survey & Inspection) $40,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $120,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Current Project Budget (TransDIF) $85,000.00
B. Additional Appropriation from TransDIF Fund $35,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $120,000.00
Upon completion of the project, only routine maintenance will be required.
Attachments:
Contractor's Disclosure Statement
Cm H:\HOME\ENGINEERING~AGENDA\ST980-A 1 [3-rev-l.doc
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 ~ontract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/parmership) entity.
3. If any person* identified pursuant to (1) abov9 is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
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.
H:~HOME~ENGINEERkADM INkCONTRAC'i~ST980 R. DOC 14
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 w thin the past 12 months9 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 the past twelve (12) months to a current
member of the Chula Vista City Council? Yes No ~X~ If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Director~/Executives,
non-profit Board of Directors made contxibutions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes No i~ 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) months..9 (This 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: ~. ~t. fie/
' ! ~ Signature of Contractor/Appl~ant
Print or type name of Contractor/Al~plicant
* 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 combination acting as a unit.
** Official includes, but is not limited m: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staffmembers.
15
H:~HOM E~NGrNEER~. DM IN~C ONTRACT~ST980R.DOC
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING APPROPRIATING
FUNDS, ACCEPTING BIDS AIqD AWARDING
CONTRACT FOR THE "MEDIAIq MODIFICATIONS ON
TELEGRAPH CAI~YON ROAD EAST OF MEDICAL
CENTER DRIVE IN THE CITY OF CHULA,
CALIFORNIA (ST-980)" PROJECT.
WHEREAS, on May 2, 2001, the Director of Public Works received
sealed bids for the "Median Modifications on Telegraph Canyon Road
East of Medical Center Drive in the City of Chula Vista, California
(ST-980)" Project; and
WHEREAS, the work to be done, includes mobilization,
excavation and grading, removal and disposal of existing
improvements, installation of A.C. pavement, crushed aggregate
base, curb and gutter, cold planing, saw cutting, 4" P.C.C. stamped
and colored concrete median, street lighting, pavement striping and
marking, traffic control, protection and restoration of existing
improvements; and
WHEREAS, the work also includes all labor, material, equipment
and transportation necessary for the project; and
WHEREAS, Engineering Staff prepared plans and specifications
and re-advertised the project; and
WHEREAS, the City received bids from nine contractors as
follows:
CONTRACTOR BID A/4OLINT
1. New Centuw Construction Inc., San Diego, Cali~mia $69,300.00
2. Nickell Engineering, Chula Vista, Cali~mia $73,550.00
3. MJC Construction, Chula Vista, Cali~mia $78,200.00
4. Scheidel Contracting & Engineering, Inc., La Mesa, Call,mia $78,980.00
5. Nicholas Grant Co~., San Diego, Cali~mia $86,690.00
6. Kirk Paving, Inc., La Mesa, Call,mia $87,124.25
7. Shiva Construction, Inc., San Diego, Cali~mia $88,300.00
8. 3-D Ente~rises, San Diego, Cali~mia $94,850.00
9. Heftier Company, lnc., Nmional City, Cali~mia $98,381.19
WHEREAS, the low bid by New Century Construction is below the
Engineer's estimate of $75,725.00 by $6,425.00 or approximately 8%;
and
WHEREAS, Staff's bid estimate was based on average prices for
similar type of work completed during the last three years; and
WHEREAS, Engineering staff has verified the references
provided by the contractor and their work has been satisfactory.
The Contractor's License No. 614517 is current and active; and
WHEREAS, Staff has reviewed the low bid and recommends
awarding the contract for $69,300.00 to New Century Construction of
San Diego, California; and
WHEREAS, the Environmental Review Coordinator has reviewed the
work involved in this project and has determined that the project
is exempt under Section 15301, Class 1 (c) of the California
Environmental Quality Act (Existing Facilities); and
WHEREAS, Contractors bidding this project were not required to
pay prevailing wages to persons employed by them for the work under
this project; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents; and
WHEREAS, disadvantaged businesses were encouraged to bid
through the sending of the Notice to Contractors to various trade
publications.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby accept the nine bids and award the
contract for the construction of the "Median Modifications on
Telegraph Canyon Road East of Medical Center Drive in the City of
Chula Vista, California (ST-980)" Project to the lowest bidder, New
Century Construction, Inc. of San Diego, California, in the amount
of $69,300.00.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $35,000 from the Trans DIF funds to the current project
budget of $85,000 making the total project budget $120,000.
2
Presented by Approved as to form by
Director of Public Works t
J:~Attorney\RES0~Median Modifications Telegraph Canyon Rd.doc
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/12/01
ITEM TITLE: Resolution Approving a first amendment to the agreement with
San Diego Expressway Limited Partnership to provide loaned executive
services to assist in expediting the construction of the SR-125 toll road
facility and authorizing the Mayor to execute the first amendment
SUBMITTED BY: DirectorofPublic Works~
REVIEWED BY: City Manager 0,' (4/5ths Vote: Yes__ No X )
The need for the construction of SR-125 in order to continue the development in the eastern area
of Chula Vista has been well documented in all of the City's traffic studies. However, the
construction has become delayed due to the many state and federal processes. The City has Will
Kempton of the firm of Smith & Kempton under contract for transportation advocacy services
and, on September 22, 1998, the City and San Diego Expressway Limited Partnership (SDELP)
acting through its General Partnership, California Transportation Ventures (CTV), entered into
an agreement for the assistance of Mr. Kempton in breaking the state and federal "logjam". This
item approves an extension to the agreement with SDELP to pay for services of Will Kempton
under the City's contract with his firm. SDELP has requested that the term of the agreement be
extended beyond the original termination date due to the ongoing need for the services.
RECOMMENDATION: That the Council approve the resolution approving the first
amendment extending the agreement with San Diego Expressway Limited Partnership to provide
loaned executive services to assist in expediting the construction of the SR-125 toll road facility
and authorize the Mayor to execute the amendment.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The City has an agreement with the firm of Smith & Kempton to provide program management
services in connection with our 1-805 interchange projects and transportation advocacy services
in connection with state and federal funding opportunities and the City's negotiations with both
SDELP and Caltrans on freeway and tollway agreements pursuant to Resolution 19185. Because
of Mr. Kempton's background and expertise, SDELP m~d the City entered into an agreement to
use that expertise under a loaned executive services program. A copy of the original agreement
is attached hereto. The assistance may consist of several activities, the elements of which
include:
1. Elevate the status of SR-125 with Caltrans, Federal Highway Authority (FHWA) and
other regulatory agencies to a "Fast track" category.
Page 2, Item
Meeting Date: 6/12/01
2. Develop a project team approach of individuals within Caltrans and involving FHWA
and the regulatory agencies to deliver the project.
3. Gather political support by uniting the officials who represent the SR125 corridor to work
collectively to move the project along.
4. Intensify community relations by exploring opportunities for communication with the
public and securing input from affected parties.
Since Mr. Kempton is under contract with the City to assist us in negotiations with SDELP and
Caltrans over freeway and toll road agreements it would have been a conflict of interest if Mr.
Kempton were to work directly for SDELP. However, SDELP agreed to enter into an agreement
with the City to pay for Mr. Kempton's services, under the City's direction, to assist them in
getting the toll road built as soon as possible. The agreement provided for the City to bill
SDELP for Mr. Kempton's services in connection with advocacy for the toll road.
The agreement specified that it "shall continue in effect until September 22, 1999 or when the
consultant's performance of the Scope of Services have been completed, whichever occurs first."
The agreement also specified that the term of the agreement may be extended by further written
agreement of the parties. By letter dated May 10, 2001, SDELP has requested that the agreement
be extended and acknowledged that a longer period is necessary to complete the Scope of
Services. The proposed extension to the agreement provides that the agreement: "shall continue
in effect until June 30, 2002 or when the consultant's performance of the Scope of Services have
been completed, whichever occurs last, but in no event shall the contract be extended beyond
June 30, 2005, without approval by the City Council. The amendment is attached hereto.
FISCAL IMPACT: The estimated cost of SR-125 advocacy services by Mr. Kempton is
estimated at $170,000. Those costs are advanced by the Transportation Development Impact Fee
fund and will be reimbursed by SDELP on a monthly billing basis. To date, SDELP has
reimbursed the City $52,235.73.
Attachments:
Letter from SDELP dated May 10, 2001
Agreement dated September 22, 1998
Amendment to the agreement with San Diego Expressway Limited Partnership
6/6/01 10:34:10 AM
H:\HOME~ENGINEER~AGENDA\CTV agTeement extension.doc
May 10. 2001
John Lippitt
~.,,~,,.T,..... ....Director of Public Works
City of Chula Vista
276 Fourth Ave.
707 Broadv, ray
S~it~1600 Chula Vista, CA 91910-2631
92101 Re: Agreement for Loaned Executive Services (Smith, Kempton & Watts)
619-,.,~a84~ Our Agreement No. 98-449
FAX 619.338.8123
Dear John:
I am writing this letter to request your acknowledgment of the extension of the Effective Date
of the above-referenced agreement. Section 3.a. of the agreement states, in whole, the
following (emphasis added):
a. Effective Date. This Agreement shall become effective on the Effective date
identified above and, unless earlier terminated pursuant to the terms of this Agreement,
shall continue in effect until September 22, 1999 or when the consultant's performance
of the Scope of Services have been completed, whichever occurs first. In the event the
parties determine that a longerperiod is necessary to complete the Scope of Services
or additional se~wices are required by the Consultant, the term of the Agreement may
be extended by the further written agreement of the parties.
As stated above, by means of this letter, we can extend this agreement simply by you signing
below, acknowledging that the a longer period is necessary to complete the Scope of Services
or additional services are required by Smith, Kempton & Watts. Accordingly, I am requesting
your signature to extend this agreement to June 30, 2002.
If you have any questions, please do not hesitate to contact me.
Sincerely,
San Diego Expressway Limited Partnership,
By California Transportation Ventures, Inc.,
Its general panner
Kent A. Olsen
President
Agreed:
John Lippitt
Director of Public Works
City of Chula Vista
AGREEMENT FOR
LOANED EXECUTIVE SERVICES
The City of Chula Vista, a municipal corporation, ("City") and San
Diego Expressway Limited Partnership ("SDELP") acting by and
through California Transportation Ventures, Inc, ("CTV"), its
general partner, have entered into this Agreement, effective =5~/~/~
~ , 1998 ("Agreement"). This Agreement is made and entered into
with respect to the following recitals and in consideration of the
following covenants and conditions:
RECITALS
Whereas, the City has retained the services of Smith and Kempton
("Consultant") to provide program management and advocacy services
for the City with respect to the 1-805 Interchange Projects, the
TransDIf Program and for SR-125, pursuant to the Third Amendment to
The Agreement Between City of Chula Vista and Smith & Kempton For
Transportation Consulting Services, and amended on September 22,
1998, by the Fourth Amendment to The Agreement Between City of
Chula Vista and Smith & Kempton For Transportation Consulting
Services (referred to collectively herein as "Consulting
Agreement"); and
Whereas, the Consultant has made a significant amount of progress
towards completing the tasks identified above, which has provided
the Consultant with a unique knowledge and understanding of the
work needed to process entitlements and approvals necessary for the
construction of SR-125; and
Whereas, CTV, has entered into a Development Franchise Agreement
for a privatized transportation project with the State of
California Department of Transportation pursuant to which it is
developing an approximately ten-mile toll road facility ("Toll
Road") to be incorporated into the California highway system as
part of State Route 125; and
Whereas, CTV has assigned all of its rights, title and interest to
SDELP in the Development Franchise Agreement, dated January 6,
1991, and has authorized SDELP to act on its behalf.
Whereas, SDELP would like to have assistance in expeditiously
processing entitlements and approvals necessary for the
construction of the Toll Road from the Consultant because of its
unique knowledge of SR-125 and previous experience with the
Department of Transportation.
NOW, THEREFORE, for the mutual consideration and in accordance with
the mutual covenants hereinafter contained, SDELP and the City
agree as follows:
1. STAFFING
a. Scope of Services. SDELP represents and warrants that it
will need the services of the Consultant in accordance with this
Agreement. SDELP acknowledges that the City, based upon this
representation, has entered into an agreement with the Consultant
to provide additional services, beyond those originally required by
City under the Third Amendment to The Agreement Between City of
Chula Vista and Smith & Kempton For Transportation Consulting
Services, said additional services are set forth in Exhibit "A" and
are referred to herein as "Scope of Services." The costs, as
shown on Exhibit "A," describes the maximum cost for Consultant,s
performance of the Scope of Services, however, the Consultant may
be required to provide further assistance as related to the Scope
of Services, which may require an amendment to this Agreement. In
such event, SDELP-and the City agree to negotiate in good faith to
amend this Agreement to provide the Consultant with additional
funds as necessary to complete any supplemental services desired by
the parties. The parties to this Agreement further agree, that
minor changes in the Scope of Services that do not require any
additional funding may be approved on behalf of the City by the
City Manager and SDELP.
b. Retention and Assignment of Consultant. The City has
retained the Consultant to perform the Scope of Services as set
forth in Exhibit "A" to assist SDELP in the expeditious processing
of entitlements and approvals necessary for the construction of the
Toll Road. The City shall retain full rights to direct the work of
the Consultant, however, SDELP may make work requests directly to
Consultant pursuant to the Scope of Services. In addition, SDELP
may manage and oversee Consultant's work subject to the City's
supervisory rights.
c. Consultant.s obligations. SDELP understands and
agrees that Consultant,s principal obligation is to perform a range
of management and advocacy services on behalf of the city pursuant
to the Consulting Agreement, and that Consultant is performing the
Scope of Services identified in Exhibit "A," for the benefit of
the City and SDELP. SDELP further understands and agrees that the
Consultant will be working solely on the City's behalf with respect
to any Tollroad agreements negotiated between CTV or SDELP and the
City, for which it will be compensated by the city. In addition,
SDELP understands and agrees that if Consultant determines there is
a conflict of interest between a task assigned by SDELP and
Consultant's representation of the City, Consultant has the right
to stop work on that task and continue its representation of the
City, without being in breach of this Agreement or the Consultant's
Agreement.
2. COSTS AND PAYMENT
a. Payment for Consultant. SDELP shall be responsible for
2
the payment of Consultant's time and expenses incurred in the
performance of the Scope of Services in the maximum amount and at
the billing rates set forth in Exhibit "A."
b. Billing. On or about the tenth (10th) day of each month,
the Consultant will bill the City for performance of the Scope of
Services incurred by the Consultant for the previous month in
accordance with the requirements of the Consulting Agreement.
Within ten (10) days of receipt of Consultant's bill the City shall
provide SDELP with the billing statement, accompanied by the
Consultant's time sheets and other appropriate documentation that
shows the amount owed to Consultant. SDELP shall pay the City the
amount shown on such billing statement within fifteen (15) days
after City mails the billing statement to SDELP. For purposes of
this paragraph, the term "mails" shall mean depositing into a
United States Post Office mail box, postmarked to SDELP as
described in Section 4(d) of this Agreement and if payment is made
by United States mail, the date of the postmark shall be considered
the date of payment.
c. Penalties. In the event City does not receive the payment
within the time limit described above, SDELP shall be liable for a
penalty. If the payment is between sixteen (16) and 30 days late
according to the above schedule, SDELP agrees to pay an additional
flat amount of two percent (2%) of the overdue amount as a penalty.
If the payment is between thirty-one (31) and sixty (60) days late,
the penalty shall be a flat four percent (4%) of the overdue
amount. Any payment overdue more than sixty (60) days shall be
subject to a penalty of a flat ten percent (10%) of the overdue
amount and this Agreement shall be subject, at the option of the
City, to immediate termination upon written notice to SDELP, but
without the additional thirty (30) day notice. SDELP understands
and agrees that SDELP is obligated to pay any amounts owed by SDELP
for the Consultant's services performed prior to such termination
date.
d. Disputes. In the event SDELP has a dispute with the City
over the billing, SDELP shall notify the City in writing describing
SDELP's objections to such monthly billing statement(s) and may
request that the City withhold p~yment to the Consultant.
Notwithstanding the foregoing, SDELP understands and agrees that
the City is not obligated to withhold such payment to the
Consultant even if so requested by SDELP. Notwithstanding SDELP's
dispute with said billing statement, SDELP shall pay the entire
amount owed on such billing statement. If the amount owed on said
billing statement is determined by the City to be incorrect, SDELP
may deduct the incorrect amount that was paid by SDELP from the
next billing statement.
3. TERM OF AGREEMENT, TERMINATION RIGHTS AND DEFAULT
a. Effective Date. This Agreement shall become effective on
3
the Effective date identified above and, unless earlier terminated
pursuant to the terms of this Agreement, shall continue in effect
until September 22, 1999 or when the Consultant,s performance of
the Scope of Services have been completed, whichever occurs first.
In the event the parties determine that a longer period is
necessary to complete the Scope of Services or additional services
are required by the Consultant, the term of the Agreement may be
extended by the further written agreement of the parties.
b. Right to Terminate. Notwithstanding the term of this
Agreement as provided in Section 3(a), the City and SDELP shall
have the right to terminate this Agreement for any reason upon
thirty (30) days written notice to the other party. SDELP
understands and agrees that SDELP is obligated to pay any amounts
owed by SDELP for the Consultant's services performed prior to such
termination date.
4. MISCELLANEOUS PROVISIONS
a. Integrated Agreement. This Agreement constitutes the
final agreement between the parties and supersedes all prior oral
or written negotiations, discussions, communications, promises,
covenants, understandings or representations between the City and
SDELP regarding the subject of this Agreement. Notwithstanding the
foregoing, the parties acknowledge that the provisions of any other
mutual written agreements shall remain in full force and effect.
b. Written Modifications and Amendments. This Agreement may
not be modified or amended except by a writing duly executed by
both parties to this Agreement.
c. Construction and Interpretation of the Agreement. Both
parties to this Agreement acknowledge that they have been
represented by counsel in respect to the negotiation and drafting
of this Agreement, and that no provision of this Agreement shall be
construed or interpreted by reference to the extent to which either
party participated in the drafting of this Agreement, or any part
thereof.
d. Notices. Ail notices, letters or any other documents
required or delivered in accordance with, or with respect to this
Agreement, other than the billing statements, shall be made or
contemporaneously confirmed in writing and shall be personally
delivered or deposited in the United States mail, addressed as
follows:
To the City of Chula Vista:
Director of Public Works
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4
copy to:
Ann Moore
Senior Assistant City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5037
To SDELP:
SDELP
C/O California Transportation Ventures, Inc.
Kent A. Olsen, President
707 Broadway, Suite 1600
San Diego, CA 92101
If written notices under this Agreement, other than the
billing statements, are delivered by depositing them in the United
States mails, they shall be deemed to have been received by the
other party on the fifth (5th) working day following the day on
which they were mailed. Either party may change the address to
which notice is to be given under this Agreement by delivery of a
written notice to the other party specifying the new notice address
and referencing this Section.
e. No Waiver of Any Default. No waiver of any default by any
party to this Agreement shall be implied from any omission by any
other party to take any action in respect of such default. No such
waiver shall be effective unless expressly evidenced by a writing
duly executed by the party waiving the default. No waiver of any
default shall be deemed to be a waiver of any other or subsequent
default.
f. Attorneys' Fees. In any action or proceeding arising
under this Agreement, or to enforce the provisions of this
Agreement, each of the parties shall bear its own attorneys' fees
and costs.
g. Interpretation and ~overning Law. This Agreement and any
dispute arising hereunder shall be governed and interpreted in
accordance with the laws of the State of California.
h. No Third Party Beneficiaries. The only parties to this
Agreement are the City and SDELP. There are no third party
beneficiaries, and this Agreement is not intended, and shall not be
construed, to benefit or be enforceable by any other person
whatsoever. SDELP shall be deemed a third party beneficiary of the
Consultant's Agreement to the extent it relates to the Scope of
Services, provided however, SDELP agrees not to take any actions
that would interfere with Consultant's performance on behalf of the
5
City under the Consultant,s Agreement that are not related to the
Scope of services.
i. Independent Contractor Performance. SDELP understands and
agrees that Consultant is acting as an independent contractor and
is not an employee of the City, SDELP further agrees that the City
shall not be deemed to be in default or responsible for the
Consultant,s performance of the Scope of Services under this
Agreement or the Consultant's Agreement.
j. Hold Harmless. SDELP and on behalf of CTV and all agents
and assignees of said entities, agree to hold harmless the City,
its elected and appointed officers and employees, from and against
any claims, suits, actions or proceedings, judicial or
administrative, for writs, orders, injunction or other relief,
damages, liability, cost and expense (including without limitation
attorneys' fees) by or against SDELP, CTV, and all of its agents
or assigns, arising out of the provisions of the Consultant's
Agreement, this Agreement, the Consultant's performance of the
Scope of Services, and in exercising any discretion related
thereto.
k. Agreement Executed In Counterparts. So that each of the
parties may have an executed original of this Agreement, this
Agreement may be executed in counterparts, all of which shall
constitute a single Agreement.
1. Agreement Binding Upon Successors. This Agreement shall
be binding upon and inure to the benefit .of the successors, assigns
and interests of the parties as to any or all of the parties of
this Agreement until released by the mutual consent of the parties.
m. Exhibits. Ail recitals to this Agreement and the exhibits
attached hereto and referred to herein are incorporated as a part
of this Agreement.
n. Authorization. SDELP and the city represent that the
signatories of this Agreement are authorized to execute this
Agreement on behalf of their respective entities.
o. No Obligation to Approve. SDELP understands and agrees
that any future decisions of the City Council relating to the
subject matter of this agreement are discretionary actions, and
that the City may not enter into an agreement to obligate the City
Council to exercise its discretion in a particular manner or for a
particular result. This Agreement does not, therefore, in any way
create a contractual, legal or equitable obligation or commitment
by the City or the City Council to take any actions concerning SR-
125 or the Toll Road.
[NEXT PAGE IS SIGNATURE PAGE]
6
[SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF
CHULA VISTA A_ND SAN DIEGO EXPRESSWAY LIMITED
PARTNERSHIP REPRESENTED BY CALIFORNIA
TRANSPORTATION VENTURES FOR LOANED EXECUTIVE
SERVICES]
IN WITNESS WHEREOF, City and SDELP have executed this Agreement
thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
Dated: = , 19~/in the City of Chula Vista
By: ~Horton, Mayor
Beverly Authelet, City Clerk
Approved as to form:
John Kaheny, City Attorney
Dated: ~.~ ~, 19 ~ in the city of San Diego
San Diego Expressway Limited Partnership,
By: California Transportation Ventures, Inc.,
Its general partner
By: ~resident ---
H: ~home\ATTORNEY~KEMPTON2 .AGT
7
EXHIBIT A
TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND
SAN DIEGO EXPRESSWAY LIMITED PARTNERSHIP
REPRESENTED BY CALIFORNIA TRANSPORTATION
VENTURES
1. Scope of Services:
The City's Consultant will assist SDELP in an extensive
coordination process: working in parallel with representatives
of the City of Chula Vista, SANDAG, the State of California
and the Federal Government to bring the eR-125 toll road
project to construction as soon as possible. Said assistance
may include several activities, the elements of which are
included on Exhibit "1", and incorporated herein by this
reference.
2. Cost Estimate:
The cost estimate for Consultant services is estimated at a
maximum of $170,000.00. This number is based on an estimated
involvement of approximately sixteen (16) hours per week for
a maximum period of 52 weeks at the hourly rate shown below
for the Principal of $200.00, plus $5,000.00 for travel
expenses. All work on this task will be billed on a time and
material basis, and may be more, or less, than the estimated
hours per week but shall in no event exceed $170,000.00.
END OF EXHIBIT A
H: ~Home ~ATTORNEY~ KEMPTON2. AGT
8
EXHIBIT 1
SR-125 POLITICAL/PROJECT MANAGEMENT
SCOPE OF SERVICES
Lead role in completinq the entitlement process to build SR~12~
Conduct overall assessment of current status of environmental entitlement process and establish expected
schedule for deliverables listed below
In consultation with existing capabilities at CTV's availability (Parsons Brinckerhoff, Transroute, Koch, JLC
Consultants, Connect South Bay, Mark Watts, Dave Nielsen, Rob Thornton, developers, and environmental
consultants) establish coordinated strategy for timely completion of entiUement process and assign
ownership for responsibilities
Lead overall coordination process between representatives of the City of Chula Vista, SANDAG, the State
of California, and Federal Government to bring SR-125 to construction as soon as possible
Coordinate and attend meetings with resources agencies, as a representative of the City and CTV, to
facilitate the process
Elevate the status of SR~125 with Caltrans, FHWA, and other resource agencies to a "Fast Track"
category)
Troubleshoot, recognize and react immediately to bureaucratic hurdles which may develop in the
entitlement process
Be a resource to the CTV for suggestions to overcome problems which may develop in their assigned area
of responsibilities
Provide bi-weekly reviews to the CTV team on entitlement process status
Assist in Obtainino Entitlement Process Deliverables:
Biological Opinion from U.S. Fish and Wildlife Service (USFW) and California Department of Fish and
Game (CDFG) with a non jeopardy finding
Concurrence on the "Least Environmentally Damaging Practicable Alternative" (LEDPA) and 404 Permit
from U.S. Corps of Engineers (COE) and Environmental Protection Agency (EPA)
Approval of "Historic Property Survey Report" (HPSR) and "Finding of Effect" (FOE) from State Historic
Preservation Offices (SHPO)
Agreement on biological and park mitigation from SANDAG
Completion of FEIR/S by Caltrans
Approval for preliminary engineering funds for the "Gap"
Approval of FEIR/S by FHWA
Approval of CTV as sole source design-build contractor for the "Connector" and "Gap"
Other Maior Responsibilities:
Assist Connect South Bay in the effort to improve community relations by developing communication
strategies with the public and securing input from affected parties
Assist Connect South Bay in the creation of media stories on issues that apply indirect pressure to key
decision makers
As needed, assist CTV by serving as a mediator in deal and contract negotiation processes
H /SHAF~ED\ENGINEERISD091798 DOC
RESOLUTION NO. 19185
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT WITH SAN DIEGO
EXPRESSWAY LIMITED PARTNERSHIP TO PROVIDE LOANED
EXECUTIVE SERVICES TO ASSIST IN EXPEDITING THE
CONSTRUCTION OF THE SR-125 TOLL ROAD FACILITY
WHEREAS, the City Council through its Resolution No. 17946 on June 27, 1995,
unanimously supported efforts of California Transportation Ventures Inc. to construct SR -125
between SR-805 and SR-54; and
WHEREAS, the City Council unanimously approved Resolution No. 18880 on January
20, 1998, adopting SR-125 South as one of its seven enhancement priorities; and
WHEREAS, the need for the construction of SR-125 in order to continue the
development in the eastern area of Chula Vista has been well documented in all of the City's
traffic studies; and
WHEREAS, however, the construction has become delayed due to the many state and
federal processes; and
WHEREAS, the City has retained Mr. Will Kempton of the firm of Smith & Kempton for
transportation advocacy services; and
WHEREAS, the City and San Diego Expressway Limited Partnership (SDELP) have
discussed and agreed upon the need for assistance of Mr. Kempton in breaking the state and
federal "logjam"; and
WHEREAS, it is necessary to approve an agreement with SDELP to pay for services of
Mr. Kempton under the City's contract with his firm.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an agreement, a copy of which is kept on file in the office of the City Clerk,
known as Document Number CO98-147, with San Diego Expressway Limited Partnership to
provide loaned executive services to assist in expediting the construction of the SR-125 toll
road facility.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City.
Presented by Approved as to form by
John ~.~hn M. Kaheny ~
Public ~Norks Director YCity Attorney ~
Resolution 19185
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22~" day of September, 1998, by the following vote:
AYES: Councilmembers: Moot, Rindone, Salas and Herren
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
ABSTAIN: Councilmembers: None
Shirley Ho~"~ Mayor
ATTEST:
Beverly A. ~[uthelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19185 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 22"d day of September, 1998.
Executed this 22n" day of September, 1998.
Beverly AJAuthelot, City Clerk '~
RESOLUTION NO:
RESOLUTION OF THE CITY COUIqCIL OF THE CITY
OF CHULA VISTA APPROVING A FIRST AMENDMENT
TO THE AGREEMENT WITH SAN DIEGO EXPRESSWAY
LIMITED PARTNERSHIP TO PROVIDE LOANED
EXECUTIVE SERVICES TO ASSIST IN EXPEDITING
THE CONSTRUCTION OF THE SR-125 TOLL ROAD
FACILITY AND AUTHORIZING THE MAYOR TO
EXECUTE THE FIRST AMENDMENT
WHEREAS, the need for the construction of SR-125 in order to
continue the development in the eastern area of Chula Vista has
been well documented in all of the City's traffic studies; and
WHEREAS, the construction has become delayed due to the many
state and federal processes; and
WHEREAS, the City has Will Kempton of the firm of Smith,
Kempton & Watts (formerly Smith & Kempton) under contract for
transportation advocacy services; and
WHEREAS, on September 22, 1998, pursuant to Resolution 19185
the City and San Diego Expressway Limited Partnership (SDELP)
entered into an agreement for the assistance of Mr. Kempton in
moving the project forward; and
WHEREAS, this item approves an extension to the agreement with
SDELP to pay for services of Will Kempton under the City's contract
with his firm; and
WHEREAS, SDELP has requested that the term of the agreement be
extended beyond the original termination date due to the ongoing
need for the services.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby
approves a First Amendment to the Agreement extending the length of
time with San Diego Expressway Limited Partnership to provide
loaned executive services to assist in expediting the construction
of the SR-125 toll road facility.
BE IT FURTHER RESOLVED that the Mayor is authorized and
directed to sign and execute the First Amendment to the Agreement
on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt John ~MqVKaheny~
Director of Public Works City Attorney
[J:\Attorney\RESO\San Diego Expressway Extension Agreement.doc
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA AND SAN DIEGO
EXPRESSWAY LIMITED PARTNERSHIP
WHEREAS, the City of Chula Vista, by Resolution 19185 on March
31, 1998, approved an Agreement to provide professional services in
connection with the SR-125 toll road facility (~Original
Agreement"); and
WHEREAS, there is a need for additional consultant services in
order to ensure the timely construction of SR-125; and
WHEREAS, the City requires further consultant efforts in order
to advance the SR-125 Project; and
WHEREAS, the City and San Diego Expressway Limited Partnership
require an extension of time for the firm of Smith, Kempton & Watts
(formerly Smith & Kempton) to continue to provide program
management and related services; and
WHEREAS, extending the date of contract completion for the
consultant who has extensive experience and familiarity with SR-125
will result in enhanced continuity and move the process efficiently
forward to resolution.
NOW THEREFORE, the parties agree as follows:
Section 1. Paragraph 3.a to the Original Agreement is hereby
amended to read as follows:
3.a. Effective Date. This Agreement shall become effective
on the Effective date identified above and, unless earlier
terminated pursuant to the terms of this Agreement, shall continue
in effect until June 30, 2002, or when the Consultant's performance
of the Scope of Services has, as determined by the City Manager,
been completed, whichever occurs last but in no event shall the
contract be extended beyond June 30, 2005. Notwithstanding the
foregoing, in the event the parties determine that a longer period
is necessary to complete the Scope of Services or additional
services are required by the Consultant, the term of the Agreement
may be extended by the further written agreement of the parties.
Section 2. Ail other terms and conditions of the Original
Agreement, not expressly or indirectly amended by the terms of this
Amendment, shall remain in full force and effect and shall
otherwise govern the terms of this Amendment.
Dated: , 2001 City of Chula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Dated: 2001
John M. Kaheny, City Attorney
Dated: , 2001 SAN DIEGO EXPRESSWAY LIMITED
PARTNERSHIP
By California Transportation
Ventures, Inc.
Its general partner
Kent A. Olsen
President
J:\Attorney\RESO\San Diego Exprewway. First Amendment to Agree.doc
CITY COUNCIL AGENDA STATEMENT
ITEM NO.:
MEETING DATE: 06/12/01
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING RESOLUTION 2001-099 APPROVING CLOSURE OF
THIRD AVENUE FROM 'E' TO "G" STREETS FOR THE CHULA VISTA
THIRD AVENUE LEMON FESTIVAL ON AUGUST 19, 2001, TO
AUTHORIZE THE CLOSURE FROM 4 A.M. - 9 P.M., SUBJECT TO
CONDITIONS
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR b~
REVIEWED BY: CITY MANAGER ~'/~ ~
4/5TNS VOTE* YES ~ NO [~
BACKGROUND
annually approved resolution authorizing the closure of Third Avenue from 'E" to 'G' streets so
that the Chula Vista Downtown Business Association (DBA) could hold its annual Lemon Festival
on August 19, 2001. The measure was adopted along with three other street closure resolutions,
all designed to accommodate special downtown events of the DBA.
Although the resolution did not specify the exact time for the street closure, the staff report stated
those hours would be from 6 a.m. - 8 p.m.
For the recent Cinco De Mayo Festival, a DBA event, held on May 6, 2001, the hours stated in
the staff report for the street closures (6 a.m. - 8 p.m.) was used as it has been in recent years.
However, with the increasing success of the event more vendors and entertainers participated and
it proved difficult for the DBA, city staff, volunteers and vendors to prepare for or take down the
event in the amount of time allo~ed. The Lemon Festival, traditionally, has been a larger event
than the Cinco De Mayo Festival.
The DBA reported to staff that 2001 Lemon Festival vendor sales have already surpassed the 2000
event and it requested staff to amend the time of the street closure to allow ample time for event set
up. Staff checked with the City of San Diego to compare street closure times regarding
neighborhood events and learned that for large "main street" types of events, the streets are often
closed at midnight or soon thereafter because of the amount of preparation involved. It seemed
reasonable to accommodate the DBA's request of a 4 a.m. street closure and to allow an additional
hour of clean up time at the end of the event, as well.
PAGE 2, ITEM NO.:
MEETING DATE: 06/12/01
RECOMMENDATION
It is recommended that the City Council adopt the resolution, amending Resolution 2001-099 to
allow the closure of Third Avenue from 'E" to "G' streets from 4 a.m. - 9 p.m. for the Third
Avenue Lemon Festival on August 19,2001.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The Lemon Festival and similar public events of the DBA are intended to draw visitors and
residents to downtown Chula Vista to showcase the retail shops, services and restaurants there.
The events provide a venue for enhancing community cohesiveness, celebrating the historic
culture of the community, and offer a positive leisure activity for area families and youth.
The additional three hours of the street closure being requested will have a minimal impact on
traffic circulation because the hours requested - from 4 - 6 a.m. on Sunday morning and 8 - 9
p.m. on Sunday evening - are not primary traffic hours in downtown Chula Vista. The City's
transit system will be affected and the general modifications required for the Lemon Festival will
be extended through the longer closure period. The Transit Coordinator has agreed to the
closure provided 'E' and 'G' streets remain passable for traffic. The Department of Community
Development will reimburse the Police Department for additional labor costs associated with the
longer street closure.
Additional conditions are placed on the DBA when it hosts the Lemon Festival. A copy of these
conditions is aHached to this report.
FISCAL IMPACT
Not applicable.
ATTACHMENTS
1 - Resolution 2001-099
2 - Conditions for the Lemon Festival
J:\COMMDEV~STAFF.£EP\06-05-01 \Lemon Festival.doc
',, RESOLUTION NO. 2001-099
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" TO "G" STREETS FOR THE CHULA VISTA
THIRD AVENUE LEMON FESTWAL ON AUGUST 19, 2001,
WAIVING PROHIBITION ON SDEWALK SALES, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND ~,qSNDORS PARTICH?ATING
1N THE EVENT
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business
Association ("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets
including adjacent side streets to the alleyway in order to conduct the 2001 Chula Vista Third
Avenue Lemon Festival on August 19, 2001; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales
so that the DBA can conduct the 2001 Chula Vista Th/rd Avenue Lemon Festival; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2001 Chula Vista Third Avenue
Lemon Festival; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the closure of Third Avenue from "E" to "G" Streets on August 19, 2001,
for the purpose of the DBA conducting the 2001 Chula Vista Third Avenue Lemon Festival
subject to conditions listed in Attachment B, attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that the CiD' Council of the City of Chula Vista approves
the requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the
2001 Chula Vista Third Avenue Lemon Festival.
BE IT FURTHER P,.ESOLVED that the City Council of the City of Chula Vista approves
the requested waiver of the City's Business License Tax for the DBA and all vendors
participating in the 2001 Chula Vista Third Avenue Lemon Festival on August 19, 2001.
Presented by Approved as to form by
Chris Salomone -
Jo/biffS. Kaheny ~
Community Development Director C~5r Attorney
Resolution 2001-099
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this l0th day of April, 2001, by the following vote:
AYES: Councilmembers: Davis, Rindone and. Horton
NAYS: Coancilmembers: None
ABSENT: Councilmembers: Padilla and Salas
Shirley Hortc~i, Mayor
ATTEST:
Susan Bigelow, City Cl~k
STATE OF CALIFOR_\2A )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-099 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of April, 2001.
Executed this l0th day of April, 2001.
Susan Bigelow, City Clerk
:: :.~' A'I-FACHMENT B
~i ::-;: ~':~ ~ CONDITIONS OF APPROVAL
17 FOR
CHULA VISTA THIRD AVENUE LEMON FESTIVAL
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic
Engineer and Folice Department;
2. The DBA shall Frovide adequate litter control during and after the event, including Pr°fessi°nal street
sweeping;
3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be
affected by the street closure. The notification must be sent by first class mail at least seven days
pdor to the event kate;
4. The DBA will be responsible for measures to insure that the noise generated bY the event's activities
does not reach an excessive level; the DBA will;undertake the following measures in order to
implement this condition:
1) DBA shall continually monitor noise levels of performing bands, stereos, and other sound-
emitting devices and will make adjustments as needed;
2) A plan showing the location of the performing stages will be submitted for Community
Development staff review and approval prior to the event;
3) All band performances shall be limited to the hours of 10 a.m. and 6 p.m.;
5. In order to meet the requirement of the Fire Marshall, the alleyways between "E" Street and "G" Street'
east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus
access in the event of an emergency. The Fire Marshall has required that all food-cooking vendors
have a ZA10BC-type fire extinguisher readily available in their booths;
6. In order to meet the requirements of the Fire Marshall and the Transit Division, "E" and "G" Streets
must remain open to traffic;
7. The Downtown Business Association must provide, 10 days Pd°r t° the Festival' evidence °f general
liability insurance in the amount of $1 million, in the form of a certificate of insurance and policy
endorsement satisfactory to the City, naming the City of Chula Vista and the Chula Vista
Redevelopment Agency as additional insured; and
8. The Downtown Business Association must execute an agreement t° h°ld the City harmless fr°m any
liability stemming from Festival activities in the street.
9. The Downtown Business Association must execute an agreement to hold the City harmless from
any liability stemming from Festival activities in the street.
10. The location of the food and beverage tent shall be approved by the Police and Fire Department at
least 30 days prior to the event.
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING RESOLUTION NO. 2001-099 APPROVING
CLOSURE OF THIRD AVENUE FROM "E" TQ "G" STREETS FOR
THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON
AUGUST 19, 2001, TO AUTHORIZE THE CLOSURE FROM 4 A.M.
- 9 P.M., SUBJECT TO CONDITIONS
WHEREAS, on April 10, 2001 the City Council of the City of Chula Vista adopted Resolution
No. 2001-099 authorizing a street closure for the Chula Vista Downtown Business Association (DBA)
to host the Third Avenue Lemon Festival on August 19, 2001; and
WHEREAS, the increasing success of the DBA events such as Cinco De Mayo and the
Lemon,Festival have resulted in more participating vendors and a need for increased preparation
time to stage these events; and
WHEREAS, the DBA has requested the ability to set up its event prior to the 6 a.m. street
closure authorized in Resolution 2001-099;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby amend Resolution 2001-099 to state: "the City Council of the City of Chula Vista hereby
authorizes the closure of Third Avenue from "E" to "G" Streets between the hours of 4 a.m. - 9 p.m.
on August 19, 2001, for the purpose of the DBA conducting the 2001 Chula Vista Third Avenue
Lemon Festival subject to conditions listed in Attachment B, attached hereto and incorporated herein
by reference."
Presented by Approved as to form
Chris Salomone Johq'M. K~ahe. ny
Director of Community Development City ~ttorney '
COUNCIL AGENDA STATEMENT
Item No
Meeting Date 06/12/01
ITEM TITLE: Resolution Accepting unanticipated grant revenues in
the amount of $25,000 from the State of California for the
collection of traffic stop demographic data in the City of
Chula Vista, as part of a state-wide study of racial profiling.
Submitted by: Chief of Police.~/''
by: City Manager(~!~,,?,~' (4/Sths Vote: Yes X No__.)
Reviewed
The State of California and the California Highway Patrol have received grant
funds to distribute to California local law enforcement agencies to offset the costs
created by the collection of traffic stop demographic data. This is part of a state-
wide effort to better understand the practice known as "racial profiling" and to
assist in the development of deterrents where necessary. The grant provides
$25,000 annually for a two-year period ending 2003.
Recommendation: That the City Council accept $25,000 from the State
of California for the first year of collection of traffic stop demographic data in the
City of Chula Vista and budget the subsequent year accordingly.
Boards/Commissions: None
Discussion: The California Highway Patrol has invited local law enforcement
agencies to participate in a state-wide study of traffic stop data with the goal of
better understanding the incidence of racial profiling. Participating agencies will
receive an annual grant for up to two years to collect data required by the CHP's
analysis plan. This data is already being collected in the internal process
initiated by the Chula Vista Police Department on May 1, 2001. The State funds
will help offset some of the costs of data collection, including reporting the data in
the way needed by the State's study. Participation in the study will enable the
City to proactively collect data on an issue of importance for our community. It
will also aid the City in conducting a self-assessment with regard to the issue of
racial profiling.
Fiscal Impact: The grant provides for two year funding. A total of $25,000
is anticipated to be received annually. The $25,000 will be used to cover the cost
of data collection, reporting and related activity.
RESOLUTION NO.
RESOLUTION OF THE CHULA VISTA CITY
COUNCIL ACCEPTING UNANTICIPATED GRANT
REVENUES IN THE AMOUNT OF $25,000 FROM
THE STATE OF CALIFORNIA FOR THE
COLLECTION OF TRAFFIC STOP DEMOGRAPHIC
DATA IN THE CITY OF CHULA VISTA, AS PART OF
A STATE-WIDE STUDY OF RACIAL PROFILING.
WHEREAS, The California Highway Patrol has received grant funds to
distribute monies to those participating California local law enforcement agencies
to offset the costs created by traffic stop demographic data collection; and
WHEREAS, Chula Vista is located within the geographic area where data
collection is to occur.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista City Council
does hereby accept unanticipated grant revenues in the amount of $25,000 from
the State of California for the collection of traffic stop demographic data in the
City of Chula Vista, as part of a state-wide study of racial profiling.
Presented by: Approved as to form by:
Richard P. Emerson John M. Kahe~y
Police Chief City Attorney
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 06/12/01
ITEM TITLE: Public Hearing: Tentative Subdivision Map PCS-01-04, to develop nine lots
for single-family homes, at the western extension of E1 Loro Street -
Applicant: Dan Irwin.
Resolution: of the Chula Vista City Council granting approval and
imposing conditions for the Vista Del Loro tentative subdivision map, a 2.03-
acre nine-lot subdivision for single-family dwellings units located at the
westerly terminus of E1 Loro Street, Chula Vista Tract No.
SUBMITTED BY: Director of Planning and Building/~
REVIEWED BY: City Manager . ~v (4/Sths Vote: Yes No X)
Staff recommends that the public hearing be opened and continued to the June 19,2001 City
Council meeting.
CITY COUNCIL AGENDA STATEMENT
ITEM NO.:
MEETING DATE: 06/12/01
ITEM TITLE: PUBLIC HEARING TO CONSIDER AMENDING THE CURRENT FISCAL
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(CDBG) ANNUAL PLAN TO INCLUDE THE NYPRO SAN DIEGO
PROJECT
RESOLUTION (1) AMENDING THE CURRENT FISCAL YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
ANNUAL PLAN TO INCLUDE THE NYPRO SAN DIEGO PROJECT TO
PURCHASE ENERGY-EFFICIENT EQUIPMENT USING A SECTION 108
LOAN; AND (2) AUTHORIZING STAFF TO SUBMIT A SECTION 108
LOAN GUARANTEE PROGRAM APPLICATION TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR k~--~ ~
REVIEWED BY: CITY MANAGER ,~ ~
4/, TNS VOTE: YES No
BACKGROUND
NYPP~O San Diego, located at 505 Main Street in Chula Vista and a division of Nypro Inc., a
global manufacturer of custom injection molded products, has approached the City seeking
financial assistance to replace existing inefficient machinery by purchasing new energy-efficient
injection-molding machines. The new equipment purchase will allow NYPRO to realize significant
energy cost savings, thereby allowing NYPRO to retain 120 jobs by maintaining its facility in
Chula Vista and to expand its operations, creating 30 new jobs.
Staff recommends that the City submit an application for a Section108 Loan to the U.S.
Department of Housing and Urban Development (HUD} for approximately $1.8 million. HUD
approval of this loan application would allow the City to enter into a future lending agreement
with NYPRO for the purchase of the new equipment. Without this funding, Nypro Inc. will likely
close the Chula Vista facility and complete its contract work at other facilities in Oregon or
Denver. In order to submit a Section 108 Loan Guarantee Program Application to HUD, an
amendment to the current fiscal year Community Development Block Grant (CDBG) Annual Plan
to include the Nypro project is required, along with a 30-day public comment period. HUD
approval of the City's application will not obligate the City to draw down the Section 108 funds
nor to loan the funds to NYPRO. No such action will be taken until the City executes a loan
agreement with HUD and a re-lending agreement with NYPI~O. Both agreements will require
Council approval prior to execution.
PAGE 2, ITEM NO.:
MEETING DATE: 06/12/01
RECOMMENDATION
Staff recommends that the City Council conduct the public hearing and approve the Kesolution
(1) Amending the current fiscal year Community Development Block Grant Program (CDBG}
Annual Plan to include the NYPRO San Diego project to purchase energy-efficient equipment
using a Section 108 loan; and (2) Authorizing staff to submit a Section 108 Loan Guarantee
Program application to the U.S. Department of Housing and Urban Development, including all
standard HUD certifications as contained in the resolution.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
NYPP, O San Diego, located at 505 Main Street in Chula Vista, is a division of Nypro Inc., a
global manufacturer of custom injection molded products servicing the healthcare,
electronics/telecommunications, and consumer industrial and automotive markets. Nypro Inc.
has 22 divisions worldwide including the Chula Vista location, which is the only division in
California. Nypro Inc. is a 50-year-old employee owned (ESOP) company with a customer list of
market leaders including Dell, Nokia, and Novartis. NYPRO San Diego (NYPRO), the Chula
Vista division, has been in business since 1988 and employs approximately 120 people locally
with an additional 1,000 employees at a maquiladora operation in Tijuana, Mexico. NYPP~O
employees range from electronics engineers to mold makers and technicians. Based on the
highest government certification for quality management and "lean" manufacturing, NYPRO is
ISO 9002 certified, U.L. listed and Gross Manufacturing Product (GMP)-compliant in addition to
employing state-of-the-art technology including robotics and prototyping processes.
NYPRO has approached the City of Chula Vista seeking financial assistance to replace twelve
existing inefficient hydraulic injection-molding machines with twelve new energy-efficient electric
injection-molding machines. The new equipment purchase is part of an expansion plan that
would enable NYPRO to complete two new large contracts with current health care customers.
The new machines, supplied by Ferromatik Milacron, are estimated to help NYPKO save 50-90%
in energy costs with an additional 60-70% savings due to a reduced demand for air conditioning.
Additionally, the new equipment will provide NYPRO with a power factor improvement and
reduced water usage for machine cooling.
Staff is recommending that the City submit an application for a Section108 Loan to the U.S.
Department of Housing and Urban Development (HUD) for approximately $1.8 million. If
approved, the City would be able to use the loan proceeds to enter into a loan agreement with
NYPRO for below-market financing for their purchase of the energy-efficient equipment. With the
completion of a new clean room and installation of the new equipment, NYPRO would be able to
reduce energy costs, stay and expand in Chula Vista, meet its growing contract obligations, retain
120 employees, and hire 30 new employees. Without funding assistance to purchase the new
equipment, Nypro Inc. will likely close the Chula Vista facility and complete its contract work at
other facilities in Oregon or Denver. These other divisions of Nypro Inc. are currently operating
PAGE 3, ITEM NO.:
MEETING DATE: 06/12/01
under capacity and could assume the outstanding customer contracts from NYPRO San Diego if
operating and energy costs cannot be lowered through the proposed equipment purchase.
The company's long-range plans include expanding to a larger existing building or constructing a
new building in Chula Vista. This future expansion would include a 150,O00-square-foot high-
tech, state-of-the-art facility consisting of three class 100,000 clean rooms, two molding rooms,
complete-in-house tool design and construction, and one automated assembly clean room to
accommodate NYPRO's health care customers. The expansion would more than double the
company's employee base in all areas.
The City has completed its environmental review on the proposed project and determined that the
project activity is categorically exempt under 24 CFR Part 58, Section 58.35(b)(4).
In order to submit a Section 108 Loan Guarantee Program application to HUD requesting
assistance for NYPRO, an amendment to the current fiscal year CDBG Annual Plan is required,
along with a 30-day public comment period. The public comment period began on May 11,
2001, and will end on June 11, 2001. To-date there have been no public comments regarding
amending the Plan.
There are two key factors driving the timing of NYPRO's request for financing assistance to
purchase new equipment: (1) the company's ability to meet customer-driven timelines that rely on
the purchase and installation of new equipment necessary for NYPRO to start work for two large
contracts by fall 2001 and (2) an immediate need for NYPRO to reduce overall costs at its Chula
Vista facility by lowering operating and energy costs to make this division competitive. NYPRO's
decision to keep the Chula Vista facility open and to plan for future expansion here is contingent
upon securing financing assistance and energy rebates in the short-term to meet these
timeframes.
FISCAL IMPACT
Council previously approved $20,000 in CDBG funds to hire a consultant to assist staff in
establishing a Section 108 Business Loan Program. These funds cover the cost of consultant fees
for the preparation of loan application documents and the contract between the City and HUD,
as well as technical assistance regarding the Section 108 Loan application process provided by
Mark Briggs & Associates, Inc.
It should be noted that the Section 108 Loan Guarantee Program is structured such that the City's
annual CDBG funding allocation serves as the underlying source of repayment to HUD in the
event that NYPRO defaults on the loan and no other sources of repayment are available. This is
the basis for the below-market interest rate for the loan funds. However, the agreement between
the City and NYPRO will be structured such that NYPRO will provide all necessary collateral,
including a first lien on the new equipment to be purchased as well as a corporate guarantee
from NYPRO's parent company Nypro Inc., to reduce the City's risk to an acceptable level. The
terms and conditions of the loan will be specified in the agreement between the City and NYPRO,
which will be presented for Council review and approval at an upcoming meeting.
PAGE 4, ITEM NO.:
MEETING DATE: 06/12/01
ATTACHMENTS
Aftachment 1: Proposed Terms of Agreement for Section 108 Loan to Nypro San Diego
Aflachment 2: Draft Section 108 Loan Guarantee Program Application to HUD
J:\COMMDEV~STAFF.REP~06-12-01\NYPRO SECTION 108 AGENDA STATEMENT.DOC
ATTACHMENT 1
PROPOSED TERMS OF AGREEMENT WITH NYPRO
SAN DIEGO FOR SECTION 108 LOAN
COMMITMENTS FROM CITY OF CHULA VISTA
A. Enable NYPRO San Diego to Incur Reimbursable Expenditures on Equipment
1. City staff will include the proposed NYPRO San Diego Section 108 loan
in the City's Annual CDBG Plan (and 5 year CDBG Comprehensive Plan)
and recommend approval by Council at a public hearing (May 8, 2001
and June 12, 2001).
2. City staff will complete an environmental rewew of the proposed loan per
federal NEPA and state CEQA regulations.
3. City will request a waiver from HUD of regulations capping the amount of
funds eligible for reimbursement (i.e. regulations limit reimbursements to
25% of the City's annual CDBG entitlement of $2 million, or $400,000),
allowing NYPRO San Diego to be eligible for 100% reimbursement of all
eligible costs, subject to meeting all other pertinent requirements of the
HUD and of the City.
4. Concurrent with seeking Council approval on June 12, 2001 of an
amended CDBG Consolidated Plan to include the NYPRO project, City
staff will seek Council approval of a Section 108 Loan application to HUD
along with these Proposed Terms of Agreement. Following submission of
the Section 108 application to HUD, and upon receipt of their approval,
the City will notify NYPRO of its ability to begin incurring expenditures
eligible for reimbursement from Section 108 Loan proceeds. It is the
City's understanding from our Section 108 consultants that the HUD
application review and public noticing period is approximately 90 days
from the City's submission - allowing NYPRO to begin to incur costs in
approximately 90 days. It is also the City's understanding that HUD will
wire transfer interim loan funds to the City within 30 days of the
approval.
B. Pursue Section 108 Loan on behalf of NYPRO San Diego
1. Subject to NYPRO providing loan collateral acceptable to the City and
other legal and financial provisions as may be required by the City, the
City will apply to HUD for a Section 108 Loan in an amount up to $1.8
million - not to exceed the actual amount of eligible expenses - with such
loan collateralized by the City's CDBG entitlement funds in order to
achieve a below market interest rate and other favorable terms as per
HUD Section 108 program regulations.
2. Upon approval by HUD of the City's loan application on behalf of NYPRO,
the City will re-lend the Section 108 loan directly to NYPRO in an amount
up to $1.8 million - not to exceed the actual amount of eligible expenses
- payable over a maximum term of 10 years, and at a rate not to exceed
the rate that applies to the City's loan agreement with HUD. The City's
understanding of the Section 108 loan rate determination is as follows:
The fixed rate is determined at the time of the public offering by HUD
which is anticipated to occur in June 2002. This rate is based upon
comparable term US Treasuries plus approximately 15-20 basis points. (It
is our understanding that as of May 10, this would equal 5.16%.) Prior to
the June 2002 issuance, interim loan funds will be made available by
HUD at a variable rate equivalent to the 3 Month London Interbank
Overnight Rate (LIBOR) rate plus 20 basis points. (It is our understanding
that as of May 10, this would equal 5.02%.)
3. HUD guidelines require that new equipment and machinery be financed at
an 80% loan to value ratio. Therefore, if the equipment NYPRO wishes to
purchase costs $1.6 million dollars, these guidelines would limit the loan
to 91.280 million. It is the City's understanding that if NYPRO were to
provide a parent company guarantee, we could successfully pursue
approval of the full costs. The City agrees to pursue this request with
HUD.
C. Provide general business development assistance to NYPRO San Diego
1. The City will continue to provide assistance to NYPRO at their existing
location, including, but not limited to the following areas:
a. Facilitate resolution of Board of Equalization issue
b. Facilitate access to state energy-related incentives
c. Facilitate job recruitment, screening, and placement assistance
2. The City will assist NYPRO as relates to their future expanded facility,
including but not limited to the following areas:
a. Site selection
b. RED TEAM project designation: Executive level problem-solving and
permit fast-tracking
c. Consideration of potential financial assistance related to
building/equipment acquisition, including but not limited to
Redevelopment tax increment, Enterprise Zone, Recycling Market
Development Zone, personal property tax abatement industrial bond
financing, and/or City fees, as appropriate
d. Employment services, including but not limited to job recruitment,
screening, hiring and training
D. Action in the event of a default
1. In the event of a default on payments by NYPRO, the City agrees to
exercise its first right to the equipment prior to acting on the parent
company corporate guarantee. The corporate guarantee would be
exercised only to satisfy the outstanding loan balance minus the actual
receipts from the sale of the equipment.
COMMITMENTS FROM NYPRO SAN DIEGO
A. Prerequisites to the City preparing a Section 108 Loan application and
submitting same for approval to City Council (June 12) and subsequently to
HUD
1. A Letter of Intent from NYPRO San Diego and from the parent company
to meet the following application requirements:
a. Provide a project description and use of the funds
b. Indicate how the company plans to meet the HUD Section 105
national objectives, i.e. a minimum of 1 job must be created or
retained per $35,000 of Section 108 loan funds received, and of
these, 50% must comply with the Iow to moderate income criteria.
c. Indicate the collateral to be provided. The City will require a first lien
on the equipment UCC filing and a parent company corporate
guarantee for the loan repayment with the company's full faith and
credit
d. Indicate the loan term (10 years)
2. NYPRO will provide the City with the following financial information:
a. Amount of sales, use, and property (broken down by personal and
real estate property) taxes generated by existing operation, and
amounts projected to be generated by the future expansion facility
b. A list of equipment to be purchased with the loan proceeds, along
with evidence of NYPRO's purchase price of each
c. A copy of NYPRO's existing lease on its existing facility. (The City
understands that the existing lease expires in June, 2003.)
d. Current year and past 3 years financial statements for NYPRO San
Diego and for its parent company providing the loan guarantee.
e. A written guarantee that the equipment purchased with Section 108
loan proceeds will have a minimum life of 12 years.
3. NYPRO will provide the City with assurances regarding its commitment to
continue its operations in the City of Chula Vista on a long-term basis.
a. Letter of Intent to upgrade NYPRO's existing Main Street facility using
the loan proceeds (see section "B" below)
b. Letter of Intent to locate NYPRO's expansion facility within the City
Of Chula Vista (see section "C" below)
B. Financial prerequisites to the City negotiating and executing a Section 108
Loan agreement with NYPRO San Diego
1. NYPRO will execute an agreement with the City of Chula Vista covering
the terms and conditions of the loan and all pertinent HUD requirements.
The City will execute a Contract for Loan Guarantee Assistance with
HUD under Section 108 of the Housing & Community Development Act
of 1974, as amended, 42 U.S.C. S5308.
2. NYPRO will provide an appraisal provided by a certified FFE (furniture,
fixture and equipment) Appraiser - such appraiser to be approved in
advance by the City - of the market value of each piece of equipment to
be purchased with the loan proceeds at time of purchase and annually,
over the period of the 10 year loan.
3. NYPRO will provide the City with a first lien on a UCC filing on the
equipment purchased with the proceeds of the Section 105 loan, and a
parent company corporate guarantee for the amount of the loan.
4. NYPRO agrees to match the City's quarterly repayment schedule to HUD,
with loan repayments made to the City 1 month in advance of the City's
payment due date.
5. NYPRO agrees to structure the payments to the City in such a manner as
to ensure that the outstanding loan balance is never greater than the pre-
appraised market value of the equipment.
6. NYPRO will execute an agreement with the City covering the terms and
conditions of the loan and other performance-related City requirements.
C. Performance prerequisites to the City negotiating and executing a Section
108 Loan agreement with NYPRO San Diego
1. Guarantees related to Short Term operation at the existing Chula Vista
facility
a. NYPRO will continue to operate at the company's current location on
Main Street in Chula Vista for at least the remainder of the company's
existing lease. This requirement may be voided in the event that
NYPRO determines to relocate to a new site within the City Of Chula
Vista prior to the lease expiration date. NYPRO will continue to
employee at least 85 in-house and 35 temporary employees, or a full-
time equivalent at the existing facility.
b. NYPRO will expand its existing clean room at the current Chula Vista
site in order to accommodate the identified client contracts, and will
employ at least 36 new employees within 3 months of the expansion.
c. NYPRO will use the proceeds of the Section 108 loan made by the
City Of Chula Vista for the sole purpose of upgrading existing
equipment to meet the new client's requirements - in an amount not
to exceed $70,000; and for replacing 12 existing molding machines
with new energy efficient equipment in the total amount of
$1,615,000. The equipment will meet two goals shared by the City
and the company: 1) reduced energy consumption and energy costs;
and 2) the ability to meet the requirements of the 2 new client
contracts.
2. Guarantees related to Longer Term Operation at a future facility in Chula
Vista
a. NYPRO agrees to locate an expanded operation within the City Of
Chula Vista prior to or immediately upon the termination of the
company's existing lease. The new facility will be built from the
ground up and will be a state of the art, high-tech and world class
mold and assembly facility of approximately 150,000 square feet. The
facility will include 3 class 1OO,OOO clean rooms, 2 molding rooms,
complete in-house tool design and building and one automated
assembly clean room to accommodate NYPRO's health care
customers.
b. NYPRO agrees to employ approximately 120 additional employees at
the new facility in Chula Vista.
c. NYPRO will operate the new 150,OOO facility within Chula Vista for a
minimum of 10 years.
d. NYPRO will enter into an Employment Agreement acceptable to the
City which requires the company to coordinate with the City and the
South County Career Center in its job search and training efforts,
encouraging NYPRO to hire locally and to take advantage of SCCC
customized, Iow-cost training opportunities, and ensuring NYPRO's
awareness of all available employment related services.
J:\COMMDEV\DYE\NYPRO San Diego Terms of Agreement 5 24,doc
ATTACHMENT 2
DRAFT
CITY OF CHILA VISTA
SECTION 108 LOAN APPLICATION
1. Loan Request
The City of Chula Vista is requesting $1.8 million in Section 108 Loan Guarantee funds to
assist with the acquisition o£ new equipment by a manufacturing company located in the City.
The new equipment will not only allow the manufacturer to keep their facilities open and retain
120 jobs in Chula Vista, while also providing for future expansion and new employment
opportunities. The Section 108 Loan Guarantee request is well within the maximum loan
amount of five (5) times the City's Community Development Block Grant (CDBG) entitlement
of $2.1 million for the 2000-2001 fiscal year. The City has an existing $1 million Section 108
Loan approved for use as an economic development revolving loan fund. To date, none of the
funds under this program have been drawn down. Under the program guidelines, no loan can
exceed $ 1 million. Due to the loan amount exceeding $1 million, this program could not be
used for the current project, thereby necessitating this Section 108 Loan application request.
2. Project History and Description
Over the last 25 years, the City of Chula Vista and it's Redevelopment Agency have developed
a series of technical and financial assistance programs to not only retain, but also attract new
manufacturing and industrial employers to the city. Programs include City Redevelopment
Agency assistance to targeted areas and citywide economic development programs. The City's
Redevelopment Agency has the ability to assist new development and expansion activities
through land write downs, infrastructure improvements, tenant improvements, demolition,
construction, designing and planning and equipment acquisition. The Agency may also assist
with land assembly activities through eminent domain proceedings. To date, the Agency has
assisted more than 20 projects through tax increment and other incentive programs. The City
has created the Section 108 below-market interest rate loan program to assist businesses located
anywhere within the City. As noted previously, the maximum loan under this program is $1
million. Additional assistance programs administered by the City include personal property tax
rebates for up to five years, low interest loans for qualified businesses under the State
Recycling Market Development Zone Loan Program, and State Enterprise Zone benefits. The
City also helps companies access other state and local resources including a series of programs
to assist with employment and workforce development needs ranging from specialized training
to tax credits for hiring certain qualified individuals, SBA loans and State Manufacturers
Investment Tax Credit, Research and Development Tax Credit and Child Care Tax Credit
Programs.
NYPRO San Diego, a division of Nypro Inc., is a global manufacturer of custom injection-
molded plastic products serving the healthcare, electronics/telecommunications, and consumer
industrial and automotive markets. Nypro Inc. has 22 divisions worldwide including the Chula
Vista facility (located at 505 Main Street), which is the only division in California. Nypro Inc.
is a 50-year-old employee owned (ESOP) company with a customer list of market leaders
including Dell, Nokia and Novartis. The Chula Vista Division has been in business since 1988,
and employs approximately 120 people locally, with an additional 1,000 employees at its
Maquiladora operation in Tijuana, Mexico. Nypro employees range from electronics engineers,
mold makers and technicians to office staff. The company is ISO 9002 certified, U.L. listed
and GMP compliant in addition to employing state-of-the-art technology including robotics and
prototyping processes.
In keeping with the City's desire to attract and maintain businesses in the community, the City
of Chula Vista is responding to a request from NYPRO San Diego. NYPRO San Diego has
requested financial assistance from the City to replace 12 old inefficient hydraulic injection-
molding machines with 12 new electric injection-molding machines as part of an expansion
plan that would enable them to increase business while reducing overhead costs. These new
machines are estimated to help NYPRO save 50-60% in energy costs with an additional 60-
70% savings in air conditioning costs. The new equipment is more powerful, but uses less
energy and water to operate. In addition to the new equipment financing, Nypro is requesting an
additional $70,000 in Section 108 funds to upgrade some of its other existing equipment. The
cost estimates for the hydraulic injection molding machines and other equipment to be acquired
are as follows:
Tonnage Cost per Machine Quantity Total Costs
330 $206,890 2 $413,780
110 $111,478 4 $445,912
165 $133,578 2 $267,156
165 $145,690 3 $437,070
55 $88,315 1 $88,315
Upgrade other existing equipment $70,000
Estimated Total $1,722,233
The Section 108 request of $1.8 million is based on the possibility that the cost of the
equipment could increase prior to acquisition. The City will only draw down the amount of
Section 108 funds needed to cover the actual acquisition and installation costs of the
equipment, up to $1.8 million.
If the equipment purchase occurs prior to the period of peak energy consumption this summer,
NYPRO could be eligible for significant incentives based on the energy savings generated by
the new equipment. The new machinery could qualify for energy incentives from San Diego
Gas and Electric (SDG&E). The City is aware that the Section 108 Loan approval may not be
approved prior to the desired deadlines for the energy incentives, and has therefore requested a
waiver from HUD regarding the limitations on reimbursement for pre-award costs under
Section 24 CFR 570.200. A copy of the waiver request letter is included as Attachment A. The
City and NYPRO are aware that they are "at risk" for any funds spent prior to the approval of
the Section 108 application request.
In addition to the benefits of job retention and job creation by assisting NYPRO to continue
operating in Chula Vista, there are also financial benefits that will accrue to the City and the
region. The total of the net new personal property, utility and use taxes to be generated by the
project and received by the City, are estimated to be $120,000 annually. In addition, the annual
payroll for the retained and new jobs generated at Nypro will total over $4.7 million. It is
anticipated that the majority of employee eamings will be spent in the City.
3. National Objective
The proposed project satisfies the primary national objectives stipulated in the Community
Development Block Grant (CDBG) entitlement regulations. The project meets the CDBG
program national objective outlined in 24 CFR 570.208 (a)(4)(i), Activities benefiting low- and
moderate-income persons, specifically through job creation or retention activities. The
proposed equipment purchase will allow NYPRO to maintain its Chula Vista plant, retaining
the existing 120 jobs, while also generating an additional 30 new jobs. The project will also
create additional jobs during the course of construction. Attachment B is a letter from Nypro
indicating that without the acquisition of the new equipment, they will be forced to close their
Chula Vista plant. The company conducted a survey of the existing employees to ensure that at
least 51% qualify as low/moderate income. To insure that low and moderate-income residents
located within the project area have access to the new jobs to be generated by the project, the
City and Nypro will work closely with the local one-stop workforce center, South County
Career Center, to meet NYPRO's employment needs. The South County Career Center, San
Diego Workforce Partnership and the City of Chula Vista will institute a program to provide
outreach to the community for employee recruitment and placement.
In addition to meeting the above-referenced national objective criteria, the project will also
meet the eligible activity criteria outlined in 24 CFR 570.703 (a)(1), Special Economic
Development Activities by retaining or creating jobs for low and moderate-income persons.
Pursuant to 24 CFR 570.209 (b)(4)(1), Guidelines for evaluating and selecting economic
development prc~jects, the proposed project meets the mandatory standard for evaluating
economic development projects by creating or retaining one full-time job for every $35,000 of
Section 108 funds used. In fact, the proposed project far exceeds mandatory standards, resulting
in one full-time job retained or generated for every $12,000 of Section 108 funds.
4. Term, Repayment and Security of Loan
The term of the repayment of the Section 108 Loan is 10 years. The City will loan the Section
108 funds to NYPRO, who will be responsible for the repayment of the loan. Attachment C is a
projected repayment schedule for the Section 108 funds. The additional security for the loan
will be a first lien on the new equipment to be acquired with the loan funds as well as a
corporate guarantee from NYPRO's parent company, Nypro Inc. While the HUD underwriting
criteria allows funding of up to 80% of the value of the new equipment, the City is also
requiring a corporate guarantee to provide additional security, thereby allowing the Section 108
Loan amount to cover the full costs of the equipment purchase and installation. The City and
NYPRO have negotiated a Terms of Agreement that sets forth the responsibilities of both
parties, including the loan repayment and additional loan security to be provided. Prior to
requesting a draw down of funds, there will be an approved Agreement between NYPRO and
the City relating to the loan repayment and other guarantees required by the City.
Some additional City requirements in the Agreement with NYPRO include: 1) a guarantee that
NYPRO will maintain its operations in the City of Chula Vista for the next 10 years; 2) that
NYPRO work with the South County Career Center in meeting its employment needs; 3) that
NYPRO will provide information to the City on new hires; and 4) that NYPRO will expand
their existing clean room facility. In addition to requesting the Section 108 Loan funds, the
City will assist Nypro by facilitating access to state and local energy rebates and related
incentives, facilitate job recruitment and placement, fast-track City permit processing, and
provide additional assistance relating to future expansion or development in the City of Chula
Vista.
The City is aware that the fixed interest rate for the Section 108 loan funds will be established
at the time HUD conducts a public offering that includes the City's Section 108 allocation. The
City will establish a separate bank account into which loan repayments will be deposited. From
this account, the required payments will be made to HUD twice a year at the stipulated dates.
5. Certifications and Citizen Participation
The City Council conducted a public hearing on June 12, 2001 regarding the Section 108
application. At the same meeting, the City Council also conducted a public hearing to amend
the City's One-Year Action Plan for the CDBG Program to include the NYPRO project. At the
June 12th public hearing, the City Council authorized submittal of the Section 108 application
and adopted the resolution included as Attachment D.
Attachment E contains a copy of the proof of publication (affidavit) of the public hearing notice
for the amendment to the Action Plan and submittal of the Section 108 application.
6. Environmental Clearance
The City has completed its environmental review on the proposed project and determined that
the project activity is categorically exempt under 24 CFR Part 58, Section 58.35(b)(4).
If you have any questions concerning this proposed Section 108 Loan Guarantee request, please
contact Ms. Cheryl Dye, Economic Development Manager, City of Chula Vista, at (619) 691-
5047. chulavista/108app I
Cl'h' OF
CHUI.A VIS[A
OFFICE OF THE Gl-FY MANAGER
May 10, 2001
Mr. WiLliam Barth, Director
U.S. Department o( Housing and
Urban Development
611 West Sixth Street, Suite 800
Los Angeles, California 90017
RE: City of Chula Vista Section 108 Loan - Waiver Request
Dear Mr. Barth:
The City of Chula Vista is planning to assist NYPRO San Diego, an ~mportant high-tech
manufacturer located in our community, to secure financing critical to the company maintaining
and expanding its operations in Chula Vista. A key component of the city's assistance to NYPRO is
a Section 108 Loan for $1.8 million. NYPRO will use the funding to purchase new state-of-fhe-art
injection molding equipment that is very energy efficient thereby reducir~g the company's energy
usage and expenditures. This equipment must be installed prior to peak energy demand season to
qualify for state energy rebates. Without the new equipment, NYPRO will be unable to complete
two new customer conu'acts, .which will Lead to a ma~or loss in busir~ess for the company and the
eventual dosing of its Chula Vista operations including the loss of 150 jobs. '[herefore, we
respectfully request that HUD provide the City with a waiver allowing us to use Section 108 Loan
funds to fully reimburse NYPRO for pre-award costs associated with the purchase of this
equipment.
We have nearly completed the preparation of a Section 108 Loan application for submittal to your
office. The equipment purchase is categorically exempt as an economic development project
under the National Environmental Policy Act (NEPA) procedures. An amendment to the current
vear Action Plan of our CDBG Consolidated Plan and authorization to submit the S~ction 108
application are scheduled for public hearing on June 12,' 2001.
The new equipment qualifies for San Diego Gas and Electric (SDG&E) and State of California
rebates due to the significant energy savings it will provide. These rebates are critical to retaining
NYPRO in the City of Chula Vista and the State of California. Unfortunately, there are deadlines
for the purchase and installation of the equipment prior to peak energy demand season to qualify
for these rebates. Even if the Section 108 Loan application is submitted in the next few weeks, it is
unlikely that approval of the loan and receipt of the funds will occur prior to the necessary
deadlines. The equipment vendor is willing to advance the funds to NYPRO to ensure that the
equipment can be purchased within the rebate deadlines. The equipment purchase would not
occur prior to June 12th when the current year Action Plan will be amended.
Under the provisions of 24 CFR 570.200(h) there are limitations on reimbursement for pre-award
costs. We will meet the requirements of (1)(i) by having the project in our annual Action Plan, (ii)
276 FOURTH AVENU~/CHULA VISTA, CALIFORNIA 91910/(619) 691-5031
HUD Waiver Request - NYPRO Page 2
by informing the public of the actions at the scheduled public hearings, (iii) by completing the
NEPA process and the Request for Funds process, (iv) by funding eligible activities - the purchase
of equipment resulting in the retention of 150 jobs and the creation of 36 new jobs, (v) by using
the Section 108 funds within the timeframes, but no._~t (vi) which limits pre-award costs to be paid
during any program year to no more than the greater of 25% of our annual CDBG allocation or
$300,000. The City's annual CDBG allocation is approximately $2 million and the Section 108
Loan application will be for approximately $1.8 million, more than 25% Of our annual a]location.
The City of Chula Vista respectfully requests that HUD provide the City with a waiver of the 25%
limit found in 570.200(h)(1)(vi). We know that HUD has granted such waivers for other projects
when the circumstances warranted such action. In this case it is crucial to have the new energy-
saving equipment installed before the mid-summer peak energy demand season. The SDG&E and
State rebates are part of the economic incentive package that has convinced NYPRO to remain and
expand their operations in Chula Vista. With President Bush's Executive Order that the Federal
Government cut back on energy use in California, we believe that a waiver to allow
reimbursement so the energy-efficient equipment can be purchased and installed prior to, not after,
the high demand period is duly justified.
Your expeditious action on this waiver request would be greatly appreciated.
Sincerely,
David D. Rowlands, Jr.
City Manager
cc: Chris Salomone, Community Development Director
Cheryl Dye, Economic Development Manager
Judith Atwood, CDBG Program Manager
Jean Prohoroff, Community Planning and Development Representative, ·
U.S. Department of Housing and Urban Development
Ray Richardson, Section 108 Program Representative,
U.S. Department of Housing and Urban Development
J:\COMMDEV~NYPRO2000~BARTH HUD LET[ER.DOC
CITy OF CNULA VISTA
Nypro Americas
Nypro San Diego Inc.
505 Otay Valley Road
Chula Vista, California 91911
Telephone 619 482 7033
Fax 619 482 7037
5/15/01
The Honorable Shirley Horton
Mayor - City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 9].910
RE: Nypro San Diego
Dear Mayor Horton:
Nypro San Diego [NYPRO], an international plastic mold injection manufacturing company in
Chula Vista with approximately 120 employees, is writing to request your support for federal
and state funding (i.e. rebates, grants, loans). The funds for which we will be applying will
enable NYPRO to replace existing hydraulic equipment with new electric mold injection
equipment in our manufacturing process. This would reduce energy consumption from 6.38
kW to 0.59 kW per machine, and result in an overall energy savings of up to 90%.
The skyrocketing cost of energy in Califomia has caused the NYPRO corporate office to
doubt the wisdom of retaining a facility in this state. By working with your staff, NYPRO
began to implement a plan to reduce energy costs while increasing their production -~ a
necessary step to enable the firm to complete two large healthcare contracts. The plan,
however, cannot be implemented without equipment upgrades costing approximately
$1,600,000 and expansion of the firm's clean room facilities for a cost of approximately
$150,000. ]~t is only through the acquisition of energy rebates, grants, or Iow interest loans
that the local NYPRO facility will be able to justify the costs associated with the purchase of
12 new machines to their corporate office.
Success in obtaining rebates, grants or Iow-interest loans will not only allow NYPRO to
remain in California, but will give us the capacity to take on larger customer contracts and
increase production goals and profit-margin. In the short term, NYPRO will hire 30 new
employees to complete the two new contracts. Our long-range plans, should we achieve
production goals and reduce energy costs, will be to build a new facility in Chula Vista. This
new facility would double our current workforce and enhance the significance of the Chula
Vista facility in the over-all NYPRO corporate structure.
Your support of our funding requests would be of tremendous assistance as we move
forward in the application process.
(~ely, ~
Richard Even, General Manager
A I B I C I D E t F
1 CITY OF CHULA VISTAI '
2 SECTION 108 REPAYMENT i
3 chulavistal08repayl I
4 May 17,2001
5 I I
6 Drawdown Assumptions
7 August 1,2002 $ 1,800,000
8 Fees Historic costs for fees
9 Underwriter $ 10,800 55 to 60 basis points)
10 Legal & Accounting $ 540 ($300 per $1M of notes)
11 Trustee Fees $ 6,000 1($250 to $300 per years in term of repayment)
12 Wire Transfer Fees $ 50 1($50 per draw down event)
13 Total Fees $ 17,390 [
14 Total $ 1'817'3901
16 Repayment Assumptions I
17 Average Interest Projected at 6.5% I
18 Principal amortization over 20 years I I 6.50%
19 Interim Interest based on May 17, 2001 3-Month LIBOR plus 20 basis points 4.24%
20 Assumed Public Offering Date for Funding I I August 1,2002
22 Section 108 Repayment I
23 I
24 August I August ! February Fiscal Year
25 Principal I Interest Interest Total Ending
26 Fiscal Year I Payment Payment Payment Payments Balance
27
28 2001-02 Payment of Fees) I $ 17,390
29 2001-02 I $ 58,500 $ 75,890 $ 1,800,000
30 2002-03 $ 140,000 $ 48,330 I $ 53,950 $ 242,280 $ 1,660,000
31 2003-04 $ 140,000 $ 53,950 I $ 49,400 $ 243,350 $ 1,520,000
32 2004-05 $ 150,000 $ 49,400 $ 44,525 $ 243,925 $ 1,370,000
33 2005-06 $ 160,000 $ 44,525 , $ 39,325 $ 243,850 $ 1,210,000
34 2006-07 $ 170,000 $ 39,325 I $ 33,800 $ 243,125 $ 1,040,000
35 2007-08 ___ $ 182,000 $ 33,800 I $ 27,885 $ 243,685 $ 858,000
36 2008-09 $ 194,000 $ 27,885 I $ 21,580 $ 243,465 $ 664,000
37 2009-10 $ 207,000 $ 21,580 $ 14,853 $ 243,433 $ 457,000
38 2010-11 $ 221,000 $ 14,853 $ 7,670 $ 243,523 $ 236,000
39 2011-12 $ 236,000 $ 7,670 $ $ 243,670 $
'";; ~ota~ $ 1,800,000$ 341,318 S 368,678 S 2,510,195
/
"' PROOF OF PUBLICATION 'PRINCIPLE CLERK
(2015.5 C.C.P) This space is for the County Clerk's filing stamp
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the county aforesaid; I am Proof of Publication of
over the age of eighteen years, and not
a pady to or interested in the above- cv15456 NYPRO
entitled matter. I am the principal clerk of
the printer of THE STAR NEWS, a
newspaper of general circulation,
published ONCE WEEKLY in the city Public Notice
of Chula Vista and the South Bay
Judicial District, county of San Diego,
which newspaper has been adjudged a
newspaper of general circulation by the PUBUC HOmE
Superior Court of the County of San 'NOTICE IS HEREBY GIVEN
Diego, State of California, under the date that th, city counc~ of the.
C~ of Chu[~ Vista will con-
of April 23, 1951, Case Number duct a Public Hearing
182529; that the notice, of which the regarding the following
actioss rolabng to a pm-
annexed is a printed copy (set in type pns~ Section 108 Loan
not smaller than nonpareil), has been 6uz, r~tasApp[ication. Tne
City intends to apply to the
published in each regular and entire issue u.s. Department of
of said newspaper and not in any Housing and Urban
Oevelopmant (HUD) for a
supplement thereof on the following s~ction 108 Loan fcr
dates, to-wit: ~opmxircately $1.8 million
to assist flYPRO San
Diego, a Chula Vista manu-
facturer, in funding the
5/11 Chambem located in the pumhase of new energy-
Chu]a~AstaPublicSe~cas efficient equipment. The
Building, 276 Foudb-Ave- , new equipment will allow
,nue. Chuta Vista. California. NYPR0 to retain 150 jobs
ail in the year 2001 As part of the Citizen bymaintainingitsfacilityin
Participation Pbn, the City Chul~ Vista and to expand
encourages public cern-
its operatioos creating 36
I certify (or declare) under penalty of ment and citizen viewed or, . new jobs. The project
the proposed actions, requires as amendment to
perjury that the foregoing is true and Comments rn~y be submit- the City's current Annual
corrsc't, ted orally or in wdting for a Action Pbn for the
30-day period at the fol-
lowing location: Community Development
Dated_at Chula Vista, California 91910 city of Chub Vista Block 6rant (CD86) Pro-
Com[]]gnitv 13RvRInnment gr3m asd a Section 108
Department --~ Loa.q ;~pplication submitted
to HUD. The following
276 Fourth Avenue by the City Council:
th 1 1 y Chula V~sta, CA 91910
Phone (619) 691-5047 .Amend the CUrt'em 2000
Annual Action Plan to the
A copy of the current C~sCommunityDevelo~-
Annual Plan for the CDBG merit Block Grant (CDSG)
Si Program and the Section Program to include the
108 Loan Program guide- NYPRO project; and
lines are available for pub- ,Authorize the submittal
lic review upon request at of a. Section 108 Loan
the · Community,
Guarantee AppiicofJon for
Development Department, ~ a~Pmximately $1.8 million
Housing Division, 430 to the U.S. Oepartmeof of
Devidscn Street, Suite B. A Housing a~d Urban Devel-
draft copy of the Se~on opment to assist NYPRO
108 Loan application will · San Diego Diego with the
be available for review at
the · community purchase of new energy-
Development Department, efficient equipment. ·
263 Fig Avenue, after May The puTpoco of the public
he~dng is to provide citi-
28, 2001. ff you have any zens as oppodunity to
questions, pleose contact
Shelly Bailey at (619) 691- comment off the proposed
a~ons. The public h~dng
5047.
CV15456 5/11/01 iS scheduled for Tuesday,
- June 12. 2001, at 6:00
p.m., in the C~ Council
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE CURRENT FISCAL YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) ANNUAL
PLAN TO INCLUDE THE NYPRO SAN DIEGO PROJECT TO
PURCHASE ENERGY-EFFICIENT EQUIPMENT USING A
SECTION 108 LOAN AND (2) AUTHORIZING STAFF TO SUBMIT A
SECTION 108 LOAN GUARANTEE PROGRAM APPLICATION TO
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
WHEREAS, the City of Chula Vista has determined that a high priority exists for
economic development and job creation and retention activities and that the proposed Section
108 loan to NYPRO to assist with the acquisition of equipment, to enable them to maintain their
business and workforce in Chula Vista, is an activity that meets these priorities; and
WHEREAS, any programmatic or funding changes to the city's Community Development
Block Grant (CDBG) Program Annual Plan require an amendment to the Plan along with a 30-day
public comment period for staff to receive public input with regard to the Plan; and
WHEREAS, the 30-day public comment period began on May 11, 2001 and ended on June
11, 2001; and
WHEREAS, the Section 108 Loan Guarantee program, implemented by the United
States Department of Housing and Urban Development (HUD); is designed to provide funds to
assist with these types of projects; and
WHEREAS, under the Section 108 Loan Guarantee program, the City can borrow up to
five years worth of its annual Community Development Block Grant allocation, and can take up
to twenty years to repay the principal and interest; and
WHEREAS, the City is requesting approximately $1.8 million in Section 108 Loan
Guarantee funds to assist with the equipment acquisition by NYPRO; and
WHEREAS, the City Manager is authorized to submit the Section 108 Loan Guarantee
application and amendments thereto and all understandings and assurances contained therein,
and to act in connection with the application to provide such additional information as may be
required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve (1) amending the current fiscal year Community Development Block Grant
(CDBG) Program Annual Plan to include the Nypro San Diego project and (2) authorizing staff to
submit a Section 108 Loan Guarantee Program Application to the United States Department of
Housing and Urban Development and additionally resolves as follows:
SECTION 1. The City hereby certifies and assures with respect to its application for a
loan guarantee pursuant to Section 108 of the Housing and Community Development Act of
1974, as amended, that it poses the legal authority to make the pledge of grants required under
24 CFR 570.705 (b) (2).
SECTION 2. As prerequisites for submission of the application to HUD, the City
certifies that it has:
(a) Furnished citizens with information required by Section 570.704(a) (2)(i) of Title 1 of
the Housing and Community Development Act of 1974, as amended;
(b) Held at least one public hearing, on June 12, 2001, to obtain the views of citizens on
community development and housing needs; and
(c) Prepared its application in accordance with Section 570.704(a)(1)(iv) of Title 1 of
The Housing and Community Development Act of 1974, as amended, and made the application
available to the public.
SECTION 3. The City has and will continue to follow a detailed citizen participation
plan that meets the requirements described in Section 570.704(a)(2) of Title I of the Housing
and Community Development Act of 1974, as amended.
SECTION 4. The City has and will continue to affirmatively further fair housing, and the
guaranteed loan funds will be administered in compliance with:
(a) Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 U.S.C. 2000d et seq.); and
(b) The Fair Housing Act (42 U.S.C. 3601-20).
SECTION 5. Will expend in the aggregate, at least 70 percent of all CDBG funds, as
defined in Section 570.303(e) of Title 1 of The Housing and Community Development Act of
1974, as amended, during the one, two, or three consecutive years specified by the City for its
CDBG program on activities which benefit Iow/moderate income persons, as described in
criteria in Section 570.208(a) of the Act.
SECTION 6. The City has and will continue to comply with the requirements governing
displacement, relocation, real property acquisition, and the replacement of Iow- and moderate-
income housing described in Section 570.606.
SECTION 7. The City has and will continue to comply with other provisions of the Act
and with other applicable laws.
SECTION 8. The City has and will continue to Certify regarding debarment,
suspension, and other responsibility as follows:
(a) The prospective recipients of the Section 108 Loan Guarantee funds and all of their
contractors will certify to the best of their knowledge and belief, that they:
(1) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal department or
agency;
(2) Have not within a three year period preceding approval of their application, been
convicted of or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State
or local) transaction or contract under a public transaction; violation of Federal or State antitrust
statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the offenses enumerated
in paragraph (a)2 of this certification; and
(4) Have not within a three-year period preceding approval of their application, had
one or more public transactions (Federal, State or local) terminated for cause or default.
SECTION 9. The City hereby assures and certifies with respect to its application for a
loan guarantee pursuant to Section 108 of the Housing and Community Development Act of
1974, as amended, that it has made efforts to obtain financing for the activities described herein
without the use of such guarantee, that it will maintain documentation of such efforts for the
term of the loan guarantee, and that it cannot complete such financing consistent with the
timely execution of the program plans without such guarantee.
SECTION 10. The City has and will continue to hereby certify, to the best of its
knowledge and belief, the following:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any or cooperative agreement, and
the extension, continuation, renewal amendment, or modification of any /Federal contract,
grant, loan or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of grant, loan or
cooperative agreement, it will complete and submit Standard Form LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions; and
(c) It will require that the language of paragraph (a) of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
SECTION 11. Continue to maintain a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of such
prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about
the following:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
(c) Making it a requirement that each employee engaged in grant activity be given a
copy of the statement required by paragraph (a).
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after such
conviction.
(e) Notifying the agency in writing, within ten calendar days after receiving notice under
subparagraph (d)2 from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position and title, to every
grant officer or other designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected grant.
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)2, with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended, and any other applicable federal and state laws; and
(2) In appropriate circumstances, require an employee to participate satisfactorily
in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal,
State or local health, law enforcement, or other appropriate agency.
SECTION 12. This Resolution shall be effective immediately upon its adoption.
Presented by Approved as to form by
CHRI~"'SALOMON~' JOHN M. KAHENY
Director of Community Development City Attorney
J:\COMMDEWRESOS\NYPRO SECTION 108 RESO.DOC
COUNCIL AGENDA STATEMENT
Item //
Meeting Date 6/12/01
ITEM TITLE: Resolution opposing the Board of Trustees of the San Diego
County Law Library's recommendation to close the South County Law
Library.
SUBMITTED BY: Mayor Shirley Hortonf~
(4/5Ihs Vote: Yes No ..X )
This resolution opposes the closing of the South County Public Law Library located in the
South County Court House.
RECOMMENDATION: That the City Council approved the resolution opposing the Board
of Trustees of the San Diego County Public Law Library's recommendation to close of the
South County Public Law Library and authorize the Mayor to send the resolution to the San
Diego County Board of Supervisors and the Board of Trustees of the San Diego County Public
Law Library on behalf of the city.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The Board of Trustees of the San Diego County Public Law Library is planning to immediately
close the South County branch located in the South County Courthouse in Chula Vista, while
leaving open the Main, East County and North County branches. Each courthouse in the county
has a public law library. The law libraries are an essential resource for attorneys practicing in
the courthouses.
The Board of Trustees of the San Diego County Law Libraries is planning to take this action in
order to avoid a $300,000 budget shortfall for the coming year. This shortfall, resulting from a
decrease in available civil filing fees, affects the whole library system and is not the fault of the
South County branch. Nevertheless, the South County branch has been targeted for closure.
The South County is the second-fastest growing region in San Diego County. Many individuals
who are not attorneys use the law library for self-help on legal matters. The law library
provides access to codes, statutes, court forms, practice guides and other materials to help
individuals handle simple legal matters. In addition, the law librarians are essential in referring
patrons to materials that can assist them.
Many attorneys serving the South County are small firms or in solo practice. The South County
Law Library is an important public resource for this community, which cannot be replaced by
Page2, Item __
Meeting Dave 6/12/01
the downtown library. The Law Library also cannot be replaced by the Internet. Full on-line
legal research is prohibitively expensive for many attorneys in solo or small firm practice. And
many of the pro per individuals who use the Law Library do not have computer or Internet
access.
For these reasons, the minority and ethnic bar associations in San Diego County including La
Raza Lawyers Association, Earl B. Gilliam Bar Association, Pan Asian Lawyers Association,
Pilipino-American Lawyers of San Diego, and the Native American Lawyers Association have
joined the South Bay Bar Association in opposing the closing of the South County Law Library.
FISCAL IMPACT: None.
Attachments: Resolution
FF~OH : KATHLEB'~ E HOLDB~ FA× NO. : 61942563J_ Jun. 8S 2001 02:I~PM P2
IR.[~..[~.~T~R OF THE SAN DIEGO COUNTY LAW LIBRARY
Charla$ R, Dyer
1105 Front Street
San Diego, CA 92101
(619) 531-39130
fax (619) 238-7716
MEMBER~ OF THE BOARD OF TRUSTEES OF THE SAN DIEGO COUNTY LAW LIBRAR~Y
Philip Burkhardt Honorable David M. Gill
Burkhardt and Larson Main Courthouse
P.O, Box 1369 220 W. Broadway
Rancho Santa Fo. CA 92067 San Diego, CA 92101
(858) 756.3743
fax (858) 756-9805 Honorable Michael Hards
burkhardt-larson~pacballnet
East County Courthouse
250 East Main Street
Karen Gleason-Huss El Cajon, CA 92020
1739 Sorrel Court Honorable William J. Howail, Jr.
Cadsbad, CA 92009 East County Courthouse
(760) 438-4082 250 East Main Street
fax (760) 438-4290 El Cajon, CA 82020
kghlaw(~juno.com
David Oberholtzer Honorable Jacqueline Stern
Post Kirby' Noonan & Sweat 1555 Sixth Avenue
600 West Broadway, Suite 1100 Family Law Court
San Diego, CA 92101 San Diego, CA 92101
(~ 19) 231-8686
fax (619) 23t~9593
dbo('d~Dkn ~,~0~m_m
COUNTY BOARD OF SUPE~RVk~ORS
Supervisor Grog Cox
1600 Pacific Highway Room 335
San Diego, CA 92101
(619) 531-5511
FROM : KATHLEEDt E HOLDEN FA× !xO. : 6i942563~9 Jun. ~ ~01 10:34AM P2
May 31, 2001
Mayor Shirley Hcrton and Members of the City Council
City of Chula Vista
276 4r~ Ave,quo
Chula Vista. CA 91910
R_e: Threatened closing of San DIe¢lo Cgun~y Public Law Library~
Dear Mayor Horton and Members of the City Council:
I am the president of the South Bay Bar Association, an organization of
about 65 attorneys praoticing and/or living in the South Bay. I am writing to ask
for your help in preventing the Joss of an essential public resource to the City of
Chula Vista and surrounding South Bay communities.
The Board of Trustees of the San Diego County PubJic Law Library plans
to immecliatety shut down the South County branch at the Courthouse in Chula
Vista, while leaving open the Main, East County and North County branches.
Each courthouse in the county has a public law library, which is an essential
resource for attorneys practicing in the cou~house. The law iibrary has been part
of'the South County Regiona~ Center since approximately i982. For 1999-2000,
Me gate count for the library was 17,080 people
The Board is planning to take this action in order to avoid a $300,000
t2udget shortfall for the upcoming year. This shortfall, resulting from a decrease
in avaiJable civil filiqg fees, affects the whole library system, and ia not the fault of
the South County branch. Nevertheless, the South County branch ha,e been
targeted for closure.
The South County is the second-fastest growing region in San Diego
County. The South County's bopulation reflects a ~de diversity of ethnictty and
economic backgrounds. Members of minority groups, including Hispanic, s,
African-Americans and Asians are a majority of the population.
FROM : KATHLEEN E HO_DEN FPJ< ND. : 6194256339 Jun. 84 200i
Many individuals w~o are not attorneys use the law library for self-help
with their legal problems The law library provides access to codes, statutes,
coud forms, practice guides and other materials which heip individuals handle
simple legal problems, in addition, tile law librarians are essentiat in referring
patrons to the materials wl~ich can assist them.
Most attorneys serviflg people in the South County are in small firm or
solo practice. The Law Lil2rary is an important public resource for this
community, which cannot be replaced by the downtown library. Nor can the Law
Library be ;eptaced by the internet. Many of the pro per indivlduals who use the
Law Library do not have computer and internet access. Full on-line legal
research is proh o t ye y experts Ye for many attorneys in solo or Small flrm
practice.
The mJnorit'/and ethnic bar assodations in San Diego County, including
La ;~aza Lawyers Association, Earl B. Gilliam Bar Association, Pan Asian
Lawyers Association, PiJipino-Amedcan Lawyers of San Diego, and Native
American Lawyers Association join the South Bay Bar Association in opposing
the closing of the library.
Thank you for your assistance in this important matter. Please contact me
if I can be of any assistance,
Very truly yours,
Kathleen E. Holden,
President, South Bay Bar Association
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING THE BOARD OF TRUSTEES OF
THE SAN DIEGO COUNTY LAW LIBRARY'S
RECOMMENDATION TO CLOSE THE SOUTH COUNTY
LAW LIBRARY
WHEREAS, the Board of Trustees of the San Diego County Public Law Library is
planning to immediately close the South County branch in the South County Courthouse in
Chula Vista, while leaving open the Main, East County and North County branches; and
WHEREAS, this action is planned in order to avoid a $300,000 budget shortfall for the
coming year, which shortfall affects the whole library system and is not the fault of the South
County branch, but nevertheless, the South County branch has been targeted for closure; and
WHEREAS, the South County is the second-fastest growing region in San Diego County;
and
WHEREAS, the law library provides access to codes, statutes, court forms, practice guide
and other materials to help individuals handle simple legal matters an is essential in referring
patrons to materials that can assist them; and
WHEREAS, the South County Law Library is an important public resource for this
community, which cannot be replaced by the downtown library or the Internet; and
WHEREAS, the minority and ethnic bar associations in San Diego County including La
Raza Lawyers Association, Earl B. Gilliam Bar Association, Pan Asian Lawyers Association,
Pilipino-American Lawyers of San Diego and the Native American Lawyers Association have
joined the South Bay Bar Association in opposing the closing of the South County Law Library.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby oppose the Board of Trustees of the San Diego County Law Library's
recommendation to close the South County Law Library.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to send a certified
copy of this resolution to the Board of Trustees of the San Diego County Public Law Library.
Presented by Approved as to form by
Shirley Horton John M. Kaheny
Mayor City Attorney
06-1Z-~001 OZ:31pm From-SULLIVAN WERTZ ~¢DADE & WALLACE 61~-2330-0107 T-487 P 001/006 F-413
Sullivan Wert. z McDade & Wallace
DATE: Jtme 12, 2001
TO: Susan Bigelow
FIRM:
FAX NO: (619) 585-5774
FROM: lohn S. Moot
OUR FAX NO: (619) 696-9476
TOTAL PAGES: 6 (including cover sheet). If there is a problem with this facsimile
transmission please call Diane at (619) 233-1888 at extension 237.
RE: Closure of South Bay Law Library
DOCUMENT: Interoffice Memorandum
Y'es ( ) No (X) Original Will Follow by Mail
COMMENTS: Per our phone conversation.
06-12-2001 02:31pm From-SULLIVAN ~RTZ McDADE & WALLACE 619-2330-0107 T-487 P 002/005 F-413
interoffice - L/
M E MO RAN D U M ~F- 5 ~-
IIII .....................
To: CRD
CE': Semor Managemen~
Fr~m: Pat Lopez
Date: May 9, 200 l
Subject: Closure of the South Bay Law Library and Mitigation of Possible Negative
Impacts
MAIN ISSUE:
The conclusion that our South Bay Branch must be closed is rendered inescapable due
mlresolvabte ct;trent and projected budgetary problems. Although the shutdown of that branch
will have an impact upon our South Bay user community, it won't be as dramatic as that
postulated at the recent Board of Trustees' meeting. This is said with the realization that we
still have to traverse the minefields of various local pohtical and social agendas.
ANALYSIS:
There will probably be very audible protests to the closure although little or nothing in the
way of active financial support to prevent said closing, it behooves us to demonstrate that our
choice was based on hard evidence and that the c;iteria used was not skewed in any way,
· The tirst indisputable fact is that if we maintain the branch at its current level of
operation the entire library system will face a tremendous deficit.
The second indisputable fact is that by closing SB - we will save over $165,000
per year.
WHY SOU'I H BAY?
Al'tar closely looking at service statistics, ~t ~s also indisputable that the South Bay
branch provides the least ~hce to face reference service of any of'our hbraries,
Th~s is based on ;he following formula:
Reference stati.~tics for fiscal year 1999-2000 were 2 ! 86.(Th~s figure is
~ubstantially lower than thc other branches.) This means that SB answered
l
06-12-2001 02:31pm From-SULLIVAN WERTZ McDADE & WALLACE 61g-2330-0107 T-487 P003/006 F-413
a total of 2186 reference questions during the entire year. When this figure
is divided by the number of days the Law Library is open, the number of
questions fielded were 8.7 per day. [We are open a total of 248 days (52
weeks x 5 days less 12 paid holidays)] Thus there were approximately 43
patrons assisted per week.
South Bay reported i~29 phone calls for the same fiscal period If one
assumes that probably one third of the calls may have been ret~rence
related and were not already added into reference statistics, that's an
additional 509 questions for the year. [2186 reference questions ~- 509
phone reference = 2695 patrons assisted. This assumption is based on
anecdotal evidence from Main's experience with phone calls.] The
addition of phone ret~rence increases the service level by only an
additional 2 persons per day Reference type phone calls could j asr as
easily be handled by Main or either of the other two branches.
Ba$ed on this criteria~ either 8.7 or 10 patrons were assisted daily.
· Thc annualized budget for SB is approximately $165,000. [$76,771 for personnel,
$76,793 for books, and $7,517 for IS and other costs, not including insurance and
miscellaneous costs).
At $165,000 per year, it costs us about $665 a day to keep SB open and service 8-
10 patrons. (5165,000 diwded by 248 days)
Based on these disappointing statistics alone, it is not economically prudent to continue to
spend almost $165-170,000 a year to keep the facility open.
A__CCESSIBILITY TO THE S^M¢ OP- SIMII[.AR SERVICeS-
Accessibility to the same or similar services currently provided by SB should be one of
the primary considerations for mitigation. Additionally we must also look to the long-term
survival of the library system as a imegral unit.
· SB is only 13 miles from the Main Law Library. There is a direct trolley line from
qB (all the way from the San Ysidro border) to the Main Law Library. East
County and Vista are much farther and transportatton is much more problematic.
· If the County requires the relocation of the SB brm~ch to the assessor's office, we
will lose probably 50% of the walk-in traltlc since the relocation site is outside of
the courthouse complex Propinquity plays a large pan in the decisions of walk-
2
06-1Z-ZOO] OZ:31pm From-SULLIVAN WERTZ McDADE & WALLACE 61g-Z330-O]07 T-487 P 004/006 F-413
ins to use a facility. That would probably leave us wkh 4-5 patrons a day
Relocation would also force us to incur additional costs uhe funds for which a~e
non=existent,
The public libraries in the region are well stocked with Nolo Press self-help
books. These volumes are the choice of the self-represented litigants. For
example:
· Chula Vista Public Library, the area's largest bbrary, has the Nolo Press
books It has a current set of California codes, the Marlindale-Habbcll, the
municipal code for Chula Vista, and an old United States Code. Their
catalog is available on line. It also has a very large public Internet access
station.
To supplemem regional collections, we could provide our 42 page Interact
Legal gescatch Bookmark list. Thus SB patrons would have access to
rec~nt state and federal cases, current state and federal laws, and various
forms. They would also have access to the local rules, regulatory codes,
and many other reference sources via the Imernet.
We could offer to teach an lnternet legal research class in Chula
Vista once a month on a day convenient to both CV and SDCPLL
This would benefit the public librarians as well as the public.
· lnterlibrary loan is another viable option. Our catalog will be available to
the public via the lnternct The public could search our catalog from a
[ibrary within the South Bay regmn or request a public librarian mediated
search for a volume. ILL would be limi*ed to in-library usage of the
volume ordered.
Cm~emly there is a $1 processing fee at Chula Vista. However if
tha~ fee is an OCLC charge, then with availabiliw of our catalog on
the Imernet, OCLC wouldn't have to be searched. Furthermore,
through our membership in the Tierra del Sol region of the Librazy
of California, there is the potemial for transaction based
reimbursemem for ILL depending on the Library of California's
funding..
The Serra Librar~ Cooperative (which will be replaced by Tierra
del Sol) uses a courier delivery system for il~s member libraries.
We are in~esugating using this system for delivery of ILL materials
to SB residents. As a member of Serra, there should be no charge
for this service.
3
06-1Z-2001 OZ:32pm From-SULLIVAN WEETZ McDADE & WALLACE 515-Z330-0107 T-487 P 005/006 F-41S
Ci~ libraries in the South Bay include but a*e not limited to
Malcolm X/Valencia Park at 5148 Market; Otay Mesa at
3003 Coronado Ave.; San Ysidro at 101 W. San Ysidro
Bird, San Ysidro. County libraries within the region
include Bonita/Sunnyside at 5047 Central Ave; Imperial
Beach at 810 Imperial Beach Blvd; and Lincoln Acres at
2725 Granger Avenue, Natmnal City.
· Legal Referrals - We could provide a copy of our legal referral list to Serra for
copying and distribution to all public libraries-
. Formal or intbrmal Partnerships with other libraries within the region.
This is an area that merits further exploration. Currently we have had classes for
the Chula Vista Public Librarians, and the South Bay Serra member libraxians in
South Bay. The classes included our Law Made Public cl~s a~ well as an
introduction to our materials, legal advice vs. legal information, etc. These
classes could be geared to area residents once or twace a month in the region.
· Outreach:
Explore the possibility of becoming part of a book mobile route once every week
or two. A Main librarian could ride along with the Nolo ?res~ books, a lap top,
our referral list, and our Interact Bookmark List. This way we would be going out
into the community where regular library service is not usually available.
The Ventura County Court, by means of an RV bookmobile, provides self:help
legal access to county residents in poorer parts of the coanty especially to those
who are limited English speakers. The court house is often the last place these
residents will go lbr help. Realizing that, the Ventura SHLA Center ',vas founded.
(Self Help Legal Access) The service also includes referrals to social service
agencies and attorney referral services. Additionally one of the serwceS provided
recently was the Spanish translation of ballot propositions with help from the
League of Women Voters. Why shouldn't we be doing something like this?
In considering disposition of the volumes from our Sou~h Bay branch, there are a
number of viable alternatives- Oue alternative is the placement of the SB self help
volumes adjacent to the SDVLP office and conference mom at Main. Main could
then focus on developing areal SelfHetp Legal Center. Other alternatives
involve the imegration of these volumes into our other branch collections or the
donation of the volumes to the region's pubhc libraries.
4
06-12-200l 02:32pm From-SULLIVAN WERTZ UcDADE & WALLACE 619-2350-0107 T-4B? P 006/D06 F-413
CONCLUSIONS:
Clo~ure is the only viable opdon that will help maimain library services or at least work
to reduce the rate of deterioration of our other libraries. Shallow piecemeal cuts only work to
delay the inevitable and since 1993 there have already been repeated deep cuts throughout our
system These cu~s have made our firm users less likely to use ou~ services since we have either
ceased to update or even purchase many of the books they request.
Choices need to be made immediately. The entire Law Library is hemorrhaging. The Law
Library is one integral unit. Wha~ ai'fects one portion eventually, and in our condinon, rapidly
will spread to afI'ect the balance of the library body Isn't it much more feasible to eliminate one
branch (the branch least utilized) and try To maintain thc relative health or,he other pa~s ~han to
force the entire system onto life suppor~ due to lack of decisiveness?
C.: ÆD¡Y/l11) .I
STATE OF CAUFORNIA. RESOURCES AGENCY GRAY DAVIS. GovelnOI
STATE HISTORICAL RESOURCES COMMISSION
DEPARTMENT OF PARKS AND RECREATION
p 0 80X 942896 RECEIVED
SACRAMENTO. CA 942960001
(916) 653.6624
(916) 653.9824 FAX
JOHN D. HENDERSON, FAIA 'O1 tIC -5 P12 :30
".Chai'pe'5on
SUE SCHECHTER
.,.. Vice Chai'pecson CITY OF CHUlA VtS:
LAUREN W. BRICKER, PhD elTY fJL8RK'S @FFIC~
PHILIP P. CHOY
KATHLEEN GREEN
ANTHEA M. HARTIG, PhD
WILLIAM R. HILDEBRANDT, PhD
MARY L MANIERY
CAROLL. NOVEY
DR. KNOX MELLON
,.Exeeut'" See'"ta'}'
December 3, 2001
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91910-2631
SUBJECT: California Register of Historical Resources Nomination
Coronado Belt Line Right-of-Way, Passes through Coronado, National City,
Chula Vista, and Imperial Beach, San Diego County
The State Historical Resources Commission is scheduled to consider the nomination of the above
named resource to the California Register of Historical Resources at its regular meeting on February
1,2002 at 9:00 a.m., at Davis Community Chamber, Davis City Hall, 23 Russell Boulevard, Davis,
California. (This building is accessible to people with disabilities.) At that time the Commission will
consider public comments regarding eligibility of the property for the California Register. If you wish to
comment on whether the property should be nominated to the California Register, please send your
written comments to the Office of Historic Preservation at least two weeks in advance of the 5~heduled
hearing.
The California Register of Historical Resources is an authoritative guide to the state's significant historical
and archeological resources. Historical resources listed in, or determined to be eligible for listing in, the
California Register are afforded certain protections and given consideration under the California
Environmental Quality Act (CEQA). Generally, there are no restrictions placed upon a private property
owner regarding normal use, maintenance, or sale of a resource listed in the California Register.
Additional information is provided on the enclosed Technical Assistance Bulletin #3, "California Register of
Historical Resources: Questions and Answers,"
You may request a copy of the nomination from the Office of Historic Preservation, Address any questions
or comments to Cynthia Howse, Office of Historic Preservation, at the above address, or call (916) 653-
9054.
Sincerely,
! L-.... t~l £/2~
Dr. Knox Mellon
State Historic Preservation Officer
....,....._--'u_------ - ------.-
Notice
Jarking for the February 1, 2002 State Historical Resources
~ommission Meeting at Davis City Hall is available at the Davis
3enior Center, 646 A Street, at the corner of ih and A Streets, with
access from ih Street.
California Register of
H istorieal Resou fees:
Questions and Answers
The California Register of Historical Resources is an
authoritative guide to California's significant historical
and archeological resources to be used by state and
local agencies, private
groups, and citizens in
identifying the existing
historical resources of the
state, and to indicate which
resources deserve to be
protected, to the extent
prudent and feasible, from substantial adverse change.
(See California Public Resources Code §5024.1)
The California Register Program
encourages public recognition and
protection of resources of
architectural, historical, archeological
and cultural significance, identifies
~ c" historical resources for state and
local planning purposes, and defines
threshold eligibility for state historic
preservation grant funding The
State Historical Resources Commission (SHRC)
oversees the California Register program, which the
State of Historic Preservation (OHP)
administers.
is rapidly being depleted, historic proper- tural significance. Simply, resources must
ties are considered premium commodities retain enough of their historic character or
in many markets. Owners of designated appearance to be recognizable as historical
properties may identify them with a plaque resources and to convey the reasons for their
or marker. significance. A resource that has lost its
historic character or appearance may still
have sufficient integrity for the California
What are the Criteria for listing Historical Register if, under criterion 4, it maintains the
Resources in the California Register? potential to yield significant scientific or his-
torical information or specific data.
Resources eligible for listing include buildings,
sites, structures, objects, or historic districts Historic Districts are a concentration of his-
that retain historic integrity and are historically toric buildings, structures, objects, or sites
significant at the local, state or national level within precise boundaries that share a com-
under one or more of the following four crite- mon historical, cultural or architectural back-
ria: ground. Individual resources within an his-
toric district may lack individual significance
1) It is associated with events that have but be considered a contributor to the signifi-
made a significant contribution to the cance of the historic district
broad patterns of local or regional
history, or the cultural heritage of
California or the United States;
2) It is associated with the lives of per-
sons important to local, California, or
national history;
3) It embodies the distinctive characteris-
tics of a type, period, region, or method
of construction, or represents the work Can a Resource be Removed from the
of a master or possesses high artistic Register?
values; or
4) It has yielded, or has the potential to The State Historical Resources Commission
yield, information important to the may remove an historical resource from the
prehistory or history of the local area, California Register if the resource, through
California, or the nation. demolition, alteration, or loss of integrity has
lost its historic qualities or potential to yield
In addition to having significance, resources information; or if new information or analysis
must have integrity for the period of signifi shows that the historical resource was not
cance. The period of significance is the date eligible at the time of its listing.
or span of time within which significant events
transpired, or significant individuals made If you think your property does not meet the
their important contributions. Integrity is the criteria for listing and you wish to have your
authenticity of a historical resource's physical property removed from the California Regis-
identity as evidenced by the survival of char- ter, you may submit a written request for
acteristics or historic fabric that existed during removal which provides detailed justification,
the resource's period of significance. Alter- including photographic documentation show-
ations to a resource or changes in its use over ing the current condition of the historical
time may have historical, cultural, or architec- resource and photographic and/or archival
What is Listed in the California Register? What are the Effects of Listing on Property
Owners?
The California Register includes:
The rights and re-
t Resources formally determined eligible sponsibilities of
for, or listed in, the National Register of owners of historic
Historic Places through federal preser- properties are the
vation programs administered by the same as those of
Office of Historic Preservation includ- owners of non-his-
ing toric properties.
t the National Register program; Listing does not
. Tax Certification (Evaluation of prevent the use, sale
Significance, part 1, 36 CFR Part or transfer of the
67); and property. Because
. National Historic Preservation Act land use authority in
(Section 106, 16 U.S.C. 470f) California generally belongs to the local
reviews of federal undertakings; government, listing does not give either
t State Historical Landmarks numbered the state or the federal government any
770 or higher; additional authority over the property.
t Points of Historical Interest recom-
mended for listing by the State Histori- Local governments may enact zoning
cal Resources Commission; regulations that affect privately owned
t Resources nominated for listing and historic properties within their jurisdictions.
determined eligible in accordance with Contact the planning department of the
criteria and procedures adopted by the city or county within which the property is
SHRC, including located for information about local zoning
t individual historic resources and regulations that may apply to historic
historic districts; properties
+ resources identified as significant in
historical resources surveys which
meet certain criteria; and What are the Benefits of Designation to
. resources and districts designated Property Owners?
as city or county landmarks pursu-
ant to a city or county ordinance In addition to the honor and recognition of
when the designation criteria are owning an historically significant property,
consistent with California Register listing on the California Register may
criteria qualify the owner to benefit from historic
preservation grants and other preservation
programs such as the Mills Act, a local
property tax incentive for historic preserva-
tion- The State Historical Building Code
can be applied when requirements of the
Uniform Building Code threaten the histori-
cal integrity of a designated resource.
Historic designation often results in in-
creased property values. Because the
non-renewable stock of historic resources
t
documentation of the exterior appearance and comprehensive approach to historic pres-
condition of the historical resource at the time ervation in local land use policies and
of listing, and complete ownership informa- planning.
tion.
Where Do I Get Additional Information?
How Does Listing Protect the
Resource? You may address any questions or comments
about the California Register Program to staff
Under the California Environmental Quality of the Registration Unit, Office of Historic
Act (CEQA), projects which are to be Preservation, PO Box 942896, Sacramento,
permitted, funded or carried out by public CA 94296-0001; phone: 916 653-6624;
agencies that may have an adverse impact email: calshpo@ohp.parks.ca.gov; fax: 916
upon historical resources are subject to 653-9824
environmental review Projects involving
privately owned resources that Pertinent sections of the Public
require a discretionary permit or Resources Code and the Cali-
review from a public agency are . ' fornia Register of Historical
also subject to environmental Resources regulations are
review. Resources that are available in Technical Assis-
listed, as well as those formally tance Bulletin #10 "California
determined eligible for listing, State Law and Historic Preser-
are considered significant vation. "
historical resources for pur-
poses of CEQA Instructions for nominating
resources to the California
By itself, historical designation Register are available in Tech-
or listing in the California Regis- nical Assistance Bulletin #7
ter does not prevent the alter- "How to Nominate a Resource
ation or demolition of an historic resource. to the California Register of Historical Re-
However, like flashing signals at a railroad sources."
crossing, listing alerts local government
officials, property owners, and interested Additional information about CEQA and
citizens to "stop, look, and listen" before historical resources is provided in Technical
making decisions that may cause irrepa- Assistance Bulletin #1 California Environmen-
rable damage to a non-renewable and tal Quality Act (CEQA) and Historical Re-
irreplaceable aspect of California's cultural "ources.
and historical heritage. The best protec-
tion for historical resources results from Additional information about programs admin-
the active efforts of concerned citizens istered by the California Office of Historic
who promote awareness, recognition, and Preservation is available on-line at
appreciation of locally significant historic www.ohp.parks.ca.gov. To request printed
resources in a community which provides copies of written materials, contact 916 653-
incentives for preservation and adopts a 6624 or calshpo@ohp.parks.ca.gov.
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