HomeMy WebLinkAboutAgenda Packet 1997/12/16 ~'1 declare uncler pena!ty o," perjury that I am'
" cf ~,3.].~ Vista in the
emgloyed by the
Office of the Cit7
this Agenda~Notice ~n the ~et~n ~o~'d at
Tuesday, December 16, 1997 the Public ~er~ces Bu Idin¢~ ~ ~n Council Chambers
6:00 p.m. DATED:]~/i~0 ~ SIGNED ~~ Public SPlices Building
t'
Regular M~ting of the City of Chula Vis~ City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot , Padilla , Rindone __, Salas __, and
Mayor Herren __
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. An update on the San Diego County Authority/Imperial Irrigation District Water Transfer Program
will be presented by Christine Frahm, Chair, San Diego County Water Authority.
CONSENT CALENDAR
(hems 5 through 16)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion, lf 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 Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that Council met in Closed Session on 12/9/97. The
City Attorney hereby reports that to the best of his knowledge from observance of actions
taken in Closed Session in which the City Attorney participated, that there were no
reportable actions which are required under the Brown Act to be reported. It is
recommended that the letter be received and filed.
b. Letter from Victor Joseph, Chula Vista Swap Meet, requesting to be placed on a Council
agenda to discuss issues (such as sales 'tax issues and temporary paving of the parking lot).
It is recommended that information provided by the Director of Building and Housing, responding
to Mr. Joseph's concerns, be transmitted to Mr. Joseph and that his letter be received and filed.
c. Letter from Patricia Trevino, with a petition, requesting the chance to express her and
surrounding neighbors ob. jeetions to three two-story homes being built on "K" Street. It is
reconunended that the information regarding the subject property be transmitted to Ms. Trevino
and that her letter be received and filed.
d. Letter of resignation from the United Nations Day Committee - Barbara McAllister. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
e. Letter from Village Club Card Room requesting changes to City's Gaming Plan. It is
recommended that this letter be referred to staff for consideration.
Agenda -2- December 16, 1997
6. RESOLUTION 18843 ADOPTING THE 1998 LEGISLATIVE PROGRAM AND LEGISLATIVE
WORK PROGRAM - The Legislative Program represents Council's position
on items likely to be acted upon by the State Legislature, Congress or
administrative agencies. The Program assists Chula Vista in taking a proactive
role in sponsoring, supporting or opposing bills related to the City's various
legislative priorities. Staff recommends approval of the resolution.
(Administration)
7. RESOLUTION 18844 APPROPRIATING FUNDS FOR SETTLEMENT OF JONES
1NTERCABLE V. CITY OF CHULA VISTA_, AND TRANSFERRING
FUNDS FOR PAYMENT OF ATTORNEYS' COSTS AND FEES - In
accordance with the Brown Act, Council met in Closed Session on 11/18/97 to
discuss the case of Jones Intercable v. City of Chula Vista. Council approved
a proposed settlement in the amount of $150,000 with $75,000 to be paid
immediately, and $75,000 to be paid before 3/1/98. Staff recommends approval
of the resolution. (City Attorney) 4/5th's vote required.
8. RESOLUTION 18845 APPROVING AN AFFORDABLE HOUSING AGREEMENT WITH OTAY
RANCH COMPANY RELATED TO OTAY RANCH SPA ONE PLAN AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT - The City's
Affordable Housing Policy requires that residential development with 50 or more
dwelling units provide a minimum of 10% of the total units for low and
moderate income households. Based on the total of 3,681 residential housing
units which are currently allowed to be constructed within Otay Ranch, a total
of 368 low and moderate income housing units are required to be provided
within the project, of which 184 will be provided for low income and 184 will
be provided for moderate income households. In order to comply with this
requirement, the applicant, the Otay Ranch Company, and City staff has
prepared an Affordable Housing Agreement for the Otay Ranch Company SPA
One Plan for Council's consideration and approval. Staff recommends approval
of the resolution. (Director of Community Development)
9. RESOLUTION 18846 APPROVING AN INTEGRATED SERVICE AGREEMENT WITH
PARTNERS OF THE SOUTH COUNTY CAREER CENTER OF THE SAN
DIEGO CAREER CENTER NETWORK AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT - In December 1996, Council
directed staff to prepare a Memorandum of Understanding for cooperative
employer assistance efforts in conjunction with the Workforce and Employers
Service Center (WESC). WESC has disbanded and its intent - cooperative
employer and employee assistance efforts - is now being pursued via the South
County Career Center (SCCC). SCCC is located in Chula Vista and is one of
six centers in the San Diego Career Center Network, a network of one-stop
career direction, job training and business assistance centers fi)r San Diego
County. A subcommittee of the existing SCCC Advisory Committee, on which
Community Development staff' served, recently approved an Integrated Service
Agreement (ISA) which outlines Center policies and roles for SCCC partners.
The ISA provides for the City to continue in an active partnership with SCCC
in terms of linking SCCC services to local employers. Staff recommends
approval of the resolution. (Director of Community Development)
Agenda -3- December 16, 1997
10. RESOLUTION 18847 APPROVING OTAY RANCH VlLLAGE ONE MASTER PLAN FOR
NEIGHBORHOOD PARK (P-l) - The Otay Ranch Village Neighborhood Park
(P-l) is approximately 11 acres located adjacent to the Village core with major
promenades and paseos in Village One, terminating at the park site. Village
One is in the eastern territory of the City. Staff recommends approval of the
resolution. (Director of Parks, Recreation and Open Space)
11. RESOLUTION 18848 AUTHORIZING THE ACCEPTANCE OF A COMMUNITY
ALTERNATIVE ACTIVITIES PROJECT GRANT FROM THE SAN
DIEGO COUNTY OFFICE OF EDUCATION FISCAL YEAR 1997/98;
APPROPRIATING $9,000 TO THE GRANT FUND (290-2902) FROM
UNANTICIPATED GRANT REVENUE FOR THE EXPENDITURE AND
REIMBURSEMENT OF SAID CH'Y FUNDING FOR IMPLEMENTATION
OF THE COMMUNITY ALTERNATIVE ACTIVITIES PROJECT - In
fiscal year 1996/97, the San Diego County Office of Education contacted the
Parks, Recreation and Open Space Department to participate in the Community
Alternative Activities Project. The San Diego County Office has authorized
$9,000 in financial assistance to continue the afterschool program for middle-
school age youth at Chula Vista Junior High School. Staff recommends
approval of the resolution. (Director of Parks, Recreation and Open Space)
4/5th's vote required.
12. RESOLUTION 18849 PASSING ON THE REPORT OF THE ASSESSMENT ENGINEER,
GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION
OF ASSESSMENT BALLOT PROCEDURES - On 5/27/97, Council adopted
the proposed Resolution of Intention, adopted the boundary map and approved
the form of the Acquisition/Financing Agreement for Assessment District
Number 97-2. Formal proceedings leading to the establishment of Assessment
District Number 97-2 need to be continued. Staff recommends approval of the
resolution setting the public hearing for 2/3/98 at 4:00 p.m. (Director of Public
Works)
13. RESOLUTION 18850 AUTHORIZING STAFF TO REQUEST A DETERMINATION OF CITY
ELIGIBILITY FOR GRANTS AND LOW-INTEREST LOANS FOR
WATER RECYCLING DEMONSTRATION PROJECT - Staff requests
authorization from Council to submit applications to determine the City's
eligibility for grants and low-interest loans for a water recycling demonstration
project using on-site greywater recycling systems in 200-650 new homes planned
for construction in Otay Ranch. The purpose of the demonstration project is to
determine cost savings to the City from on-site greywater recycling. The project
supports the City's Greenstar program and implements the BECA mission. Staff
recommends approval of the resolution. (Director of Public Works)
14. RESOLUTION 18851 ACCEPTING BIDS AND AWARDING PURCHASE AGREEMENT FOR
THE PURCHASE OF NINE POLICE PATROL SEDANS - The fiscal year
1997/98 equipment replacement budget provides for the purchase of seven
replacement patrol sedans for the Police Department. Two additional sedans are
being replaced using funds appropriated in the budget for emergency purchases,
for a total of nine vehicles. The City participated in a cooperative bid which
was opened 11/13/97. Thelowest responsiblebidderwasVillaFordwithanew
unit price of $21,056.26. Staff recommends approval of the resolution awarding
the purchase agreement to Villa Ford. (Director of Public Works and Director
of Finance)
Agenda -4- December 16, 1997
15. RESOLUTION 18852 APPROVING THE FIRST AMENDMENT TO THE DETENTION BASIN
AND SILTATION AGREEMENT WITH OTAY PROJECT LLC, SOUTH
BAY PROJECT LLC FOR A PORTION OF THE OTAY RANCH SPA
ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAME - On
8/12/97, Council approved the Detention Basin and Siltation Agreement with
Village Development LLC for a portion of the Otay Ranch SPA One. The
agreement provides for the construction and maintenance of certain drainage
improvements within the Telegraph Canyon Basin and set forth the amount of
the security (cash deposits and bonds) to be provided by the developer to ensure
compliance with certain maintenance responsibilities for the Telegraph Canyon
Channel. In a letter dated 11/19/97, the Otay Ranch Company requested certain
changes to the existing agreement. Staff recommends approval of the
resolutions. (Director of Public Works)
16. RESOLUTION 18853 DECLARING PROPERTY TO BE SURPLUS, UNUSABLE PUBLIC
LAND, WAIVING THE FORMAL BIDDING REQUIREMENT,
AUTHORIZING THE SALE OF SAID PROPERTY TO DR. ROBERT J.
MATKOVICH, AND AUTHORIZING THE CITY CLERK TO EXECUTE
A GRANT DEED FOR THE LEGAL TRANSFER OF SAID PROPERTY -
On 9/26/89, at the request of Rancho del Sur and Dr. Robert Matkovich,
Council approved an adjustment to the boundary of Open Space District Number
18 which would have involved the exchange of a portion of "Old" Telegraph
Canyon Road right-of-way for a triangular piece of property adjacent to
Telegraph Canyon Road and the open space area, subject to specific conditions.
Said land exchange did not oeeur. Dueto thepassage of Proposition 218, such
an exchange would now require a vote of all property owners within Open Space
District Number 18, which is not practical or feasible. Therefore, it is now
proposed that Dr. Matkovich purchase a 5,345 square foot strip of highly
disturbed open space land for $5,345. Staff recommends approval of the
resolution. (Director of Public Works and Director of Parks, Recreation and
Open Space)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is no~t an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) lf you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. lf you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
Agenda -5- December 16, 1997
17. PUBLIC HEARING CONSIDERATION OF THE PROPOSED GRANT OF A MODIFIED
CABLE SYSTEM FRANCHISE TO COX COMMUNICATIONS
(COXCOM) INC. - At the request of the applicant, staff recommends that the
consideration of these ordinance amendments be continued indefinitely. Staff
recommends Council continue these items indefinitely. (Principal Management
Assistant Young) Continued from the meeting of 12/9/97.
ORDINANCE **** AMENDING THE FRANCHISE AGREEMENT WITH COX
COMMUNICATIONS, ADOPTING A MAXIMUM FRANCHISE FEE OF
5%, EXTENDING THE FRANCHISE AN ADDITIONAL TEN YEARS
THROUGH THE YEAR 2020, AND MAKING VARIOUS OTHER
CHANGES IN TERMS AND CONDITIONS
ORDINANCE **** AMENDING SECTION 5.52.010 OF THE MUNICIPAL CODE TO
CONFORM THE FEES ASSESSABLE TO CABLE FRANCHISEES AND
OTHER VIDEO PROGRAMMING PROVIDERS TO THOSE ALLOWED
BY STATE AND FEDERAL LAW
18. PUBLIC HEARING PCA 98-02; CONSIDERATION OF AMENDMENT TO SECTION
19.58.147 OF THE MUNICIPAL CODE TO REVISE STANDARDS FOR
LARGE FAMILY DAY CARE HOMES - C1TY INITIATED - Section
19.58.147 of the Municipal Code outlines required standards for granting of a
large family day care permit. Staff is proposing amending three standards: (1)
the distance separation required; (2) the temporary parking requirement; and (3)
the noticing radius distance. Staff is recommending an additional requirement
of 300 feet separation distance from another such facility, which is not on the
same street; temporary on-site parking of at least two vehicles for the safe
loading and unloading of children. Staff recommends Council place the
ordinance on first reading. (Acting Director of Planning)
ORDINANCE 2717 AMENDING SECTION 19.58.147 OF THE MUNICIPAL CODE
RELATING TO REQUIRED STANDARDS FOR LARGE FAMILY DAY
CARE HOMES (first reading)
19. PUBLIC HEARING PCA 98-01; CONSIDERATION OF A SERIES OF AMENDMENTS TO
THE MUNICIPAL CODE TO ALLOW THE ADOPTION AND
ADMINISTRATION OF AN ENHANCED CODE ENFORCEMENT
PROGRAM - In response to Council referrals regarding the need for more
effective code enforcement, staff is reconunanding the Municipal Code be
revised. The proposed revisions are intended to expand the number of
enforcement methods available to City departments responsible for enforcing the
Municipal Code, and to create a standardized appeal procedure utilizing a
hearing examiner in lieu of hearings before Council. Numerous existing
sections of the Municipal Code are proposed for modification to reference these
new enforcement methods and appeal procedures. Staffing to be brought back
as part of the budget. Staff recommends the public hearing be continued to
the meeting 1/20/98. (Director of Building and Housing)
Agenda -6- December 16, 1997
20. PUBLIC HEARING REVIEWING AND CONSIDERING PUBLIC COMMENT ON THE
DRAIrF AMENDMENT TO THE FISCAL YEAR 1997/98 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL
PLAN TO INCLUDE THE PROPOSED HUD SECTION 108 SMALL
BUSINESS REVOLVING LOAN FUND ACTIVITY - Council previously
approved the use of CDBG funds to hire a consultant to assist staff to develop
a HUD Section 108 Loan/Loan Guarantee Program, and approved a contract
with Claggett Wolfe Associates. On 8/5/97, Council approved the consultant's
Phase 1 feasibility findings and directed staff and the consultant to proceed with
preparing a Section 108 application and developing a Small Business Revolving
Loan Program. Prior to submitting the Section 108 application, the proposed
Section 108 activity must be included in the City's adopted CDBG Consolidated
Annual Plan. The proposed amendment to the 1997/98 Plan adds the proposed
Section 108 Revolving Loan Fund activity. This is the second public hearing.
The first public hearing was on 11/25/97. Staff recommends approval of the
resolution. (Director of Community Development)
RESOLUTION 18854 ADOPTING THE AMENDMENT TO THE FISCAL YEAR 1997/98
COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED
ANNUAL PLAN TO INCLUDE THE HUD SECTION 108 SMALL
BUSINESS REVOLVING LOAN FUND ACTIVITY
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak"form available in the lobby and submit it to the City Clerk prior to the meeting.
21. REPORT REQUEST FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF
BROADWAY AND FLOWER STREET - In September 1997, staff received
a written request with a petition to consider installation of a traffic signal at the
intersection of Broadway and Flower Street. The request cited the need for a
traffic signal because of the increased accidents and many near misses at the
intersection of Broadway and Flower Street. Staff reconunends approval of the
resolution. (Director of Public Works) Continued from the meeting of
11/25/97.
RESOLUTION 18827 AUTHORIZING THE TRANSFER OF $30,000 FROM THE EXISTING
BALANCE OF PROJECT NUMBER TF220 - TRAFFIC SIGNAL/I-805 AT
OTAY VALLEY ROAD
FOR THE DESIGN OF TRAFFIC SIGNALS AT BROADWAY
AND FLOWER STREET
Agenda -7- December 16, 1997
22. REPORT REQUEST FOR AN ALL-WAY STOP AT THE INTERSECTION OF
HIDDEN VISTA DRIVE AND WOODHOUSE AVENUE - In July 1997,
staff received a petition asking if a way could be found to discourage traffic
from using Hidden Vista Drive as a short cut and requesting all-way stops be
installed on Hidden Vista Drive at Woodhouse Avenue and at Windrose Way.
Staff recommends Council accept the report and deny the request for an all-way
stop. (Director of Public Works)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
23. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
24. MAYOR'S REPORT{S}
a. Ratification of appointment to the Cultural Arts Commission - Brent A. Curd (to fill vacancy
created by Commissioner Kelly, whose term expires on 6/30/98).
b. Selection of Mayor Pro Tem.
25. COUNCIL COMMENTS
Councilmember Padilla
a. Request for Establishment of Ad-Hoc ConUmttee on Police Facility Needs: Designation of
Council Liaison.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on January 6, 1998
at 4:00 p.m. in the City Council Chambers.
A regular meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
~1 dec,are under pena,'ty of perjury that I am
em~,o e~ ~ - ~' ':li_~ Vista in the
Tues~y, D~ember 16, 1997 the ~u::.i.c ~z~ ;';~::o L.;. ~nd~ City Hal on Council Chambers
6:~ p.m. DATED~~ S,GNED ~ ~~c Se~,ces Budding
(i~ediately following the City Council M~t~g) / ~.~ ~ ~
City of Chula Vista City Council
CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the follawing
items of business which are permitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
® Property: (1) Approximately 1.74 acres of property located at 130
Beyer Way, Chula Vista (APN 629-060-54); and
(2) Approximately l.l acres of property located at 1771
Fourth Avenue, Chula Vista (APN 629-060-74)
Negotiating parties: (1) City of Chula Vista (Chris Salomone) and Standard
Plumbing and Industrial Supply; and
(2) City of Chula Vista (Chris Salomone) and Harold F.
Dodds.
Under negotiations: Purchase price and terms.
PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957
· City Manager
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
Tuesday, December 16, 1997 Council Chambers
6:02 p.m. Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Councilmembers: Moot, Padilla, Rindone, Salas, and Mayor Horton.
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager, John D. Goss; City Attorney, John M. Kaheny; and City Clerk,
Beverly A. Authelet
2. PLEDGE OF ALLEGIANCE TO THE FLAG~ MOMENT OF SILENCE
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. An update on the San Diego County Authority/Imperial Irrigation District Water Transfer Program was
presented by Christine Frahm, Chair, San Diego County Water Authority.
b. Councilmember Rindone introduced Klm Groshan, a senior and President of the Humanities League at
Hilltop High School. She invited the City Council and the community to their charity auction on Friday, December
19, in the gymnasium from 12:00 noon to 1:30 p.m. All the proceeds will be going to one of their students who
has been diagnosed with bone cancer and to the Make a Wish Foundation.
c. A retirement presentation was made to Captain Dan Wolf commending him tBr thirty years with the Chula
Vista Police Department.
d. Police Chief Emerson introduced Ken Dyke, the replacement l'~,r Dan Wolfe as Captain in the
Administrative Section; and Leonard Miranda, the replacement for Ross Withers as Captain in Investigations.
CONSENT CALENDAR
(Items pulled: 5e and 6 with questions on 12, 13, and 14)
BALANCE OF THE CONSENT CALENDAR OFFERED BY MAYOR HORTON, headings read, texts
waived, passed and approved unanimously 5-0 with Moot abstaining un Item 12.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that Cnuncil met in Closed S~sion on 12/9/97. The City
Attorney hereby reports that to the best of his knowledge from observance of actions taken in Closed Session
in which the City Attorney participated, that there were no reportable actions which are required under the
Brown Act to be repnrted. The letter was received and filed.
Minutes
December 16, 1997
Page 2
b. Letter from Victnr Joseph, Chula Vista Swap Meet, requesting to be placed on a Council agenda to
discuss issues (such as sales tax issues and temporary paving of the parking lot). The information provided by
the Director of Building and Housing, responding to Mr. Joseph's concems, was transmitted to Mr. Joseph and his
letter was received and filed.
c. Letter from Patricia Trevinn, with a petition, requesting the chance to express her and surrounding
neighbors objections to three two-story homes being built on "K" Street. The information regarding the subject
property was transmitted to Ms. Trevino and her letter was received and filed.
d. Letter of resignation from the United Nations Day Committee - Barbara McAllistec. The resignation
was accepted with regret, and the City Clerk was directed to post the vacancy according to the Maddy Act.
e. Letter from Village Club Card Ronm requesting changes to City's Gaming Plan. Item was pulled by
Michael Green, representing the Village Club Card Room, 227 Third Avenue, Chula Vista, 91910. He asked if
their application for consideration of changes to the Gaming Plan ordinance and request for consolidation of card
table licenses could be put on the January 13, 1998 agenda.
No member of the Council opposed this request. Staff t~lt they cnuld meet the requested time lYame.
6. RESOLUTION 18843 ADOPTING THE 1998 LEGISLATIVE PROGRAM AND LEGISLATIVE
WORK PROGRAM - The Legislative Program represents Council's positkm on items likely to be acted upon by
the State Legislature, Congress or administrative agencies. The Program assists Chula Vista in taking a proactive
role in sponsoring, supporting or opposing bills related to the City's various legislative priorities. Per staff
recommendation, the amended resolution was approved 5-0. (Administration)
Councilmember Moot pulled the item. He asked about Section I. l .d of the Legislative Program. His understanding
was that this would only be items which directly relate to governmental exposure and not to tort reform in general.
Colleen Kelly, Administrative Analyst II, replied that staff has proposed an amendment that will be added to the
Legislative Program as follows:
I. Public Liability
1. Support eflbrts to:
Councilmember Moot stated that a lot of what comes under the role of tort refbrm, doesn't have anything to do with
government liability, but has do to with access to attorneys, attorney fees, and punitive damages. When it does
involve a governmental agency, he agreed with the legislative program, and if it doesn't, he would want those bills
brought to the Council's attention befbre a position was taken.
AMENDED RESOLUTION 18843 OFFERED BY COUNCILMEMBER MOOT, heading read, text waived,
passed and approved unanimously 5-0.
7. RESOLUTION 18844 APPROPRIATING FUNDS FOR SETTLEMENT OF JONES INTERCABLE
V. CITY OF CHULA VISTA, AND TRANSFERRING FUNDS FOR PAYMENT OF ATTORNEYS' COSTS
AND FEES - In accordance with the Brown Act, Council met in Closed Session on l l/l 8/97 to discuss the case
of Jones Intercable v. City of Chula Vista. Council approved a proposed settlement in the amount of $150,000 with
Minutes
December 16, 1997
Page 3
$75,000 to be paid immediately, and $75,000 to be paid befi)re 3/1/98. Per staff recommendation, the resolution
was approved 5-0. (City Attorney) 4/Sth's vote required.
8. RESOLUTION 18845 APPROVING AN AFFORDABLE HOUSING AGREEMENT WITH OTAY
RANCH COMPANY RELATED TO OTAY RANCH SPA ONE PLAN AND AUTHORIZING THE MAYOR
TO SIGN THE AGREEMENT - The City's Affordable Housing Policy requires that residential development with
50 or more dwelling units provide a minimum of' 10% of the total units for low and moderate income households.
Based on the total of 3,681 residential housing units which are currently allowed to be constructed within Otay
Ranch, a total of 368 low and moderate income housing units are required to be provided within the project, of
which 184 will be provided for low income and 184 will be provided for moderate income households. In order
to comply with this requirement, the applicant, the Otay Ranch Company, and City staff has prepared an Affordable
Housing Agreement for thc Otay Ranch Company SPA One Plan fbr Council's consideration and approval. Per
staff recommendation, the resolution was approved 5-0. (Director of Conmaunity Development)
Ann Moore, Assistant City Attorney, stated there was a minor modification to this item, as well as item 15, that
was proposed by the developer subsequent to the agenda going out to Council. The modification involves adding
language that would provide that the City would release a homeowner from the obligations of the agreement prior
to the close of escrow. Staff doesn't oppose this change.
9. RESOLUTION 18846 APPROVING AN INTEGRATED SERVICE AGREEMENT WITH
PARTNERS OF THE SOUTH COUNTY CAREER CENTER OF THE SAN DIEGO CAREER CENTER
NETWORK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - In December 1996,
Council directed staff to prepare a Memorandum of Understanding fBr cooperative employer assistance efforts in
conjunction with the Workforce and Employers Service Center (WESC). WESC has disbanded and its intent -
cooperative employer and employee assistance effbrts - is now being pursued via the South County Career Center
(SCCC). SCCC is located in Chula Vista and is one of six centers in the San Diego Career Center Network, a
network of one-stop career direction, job training and business assistance centers for San Diego County. A
subcommittee of the existing SCCC Advisory Committee, on which Conununity Development staff' served, recently
approved an Integrated Service Agreement (ISA) which outlines Center policies and roles for SCCC partners. The
lSA provides for the City to continue in an active partnership with SCCC in terms of linking SCCC services to local
employers. Per staff' recommendatiun, the resolution was approved 5-0. (Director of Cornmunity Development)
10. RESOLUTION 18847 APPROVING OTAY RANCH VILLAGE ONE MASTER PLAN FOR
NEIGHBORHOOD PARK (P-l) - The Otay Ranch Village Neighborhood Park (P-l) is approximately 11 acres
located adjacent to the Village core with major promenades and paseos in Village One, terminating at the park site.
Village One is in the eastern territury of the City. Per staff reconm~endation, the resolution was approved 5-0.
(Director of Parks, Recreation and Open Space)
11. RESOLUTION 18848 AUTHORIZING THE ACCEPTANCE OF A COMMUNITY ALTERNATIVE
ACTIVITIES PROJECT GRANT FROM THE SAN DIEGO COUNTY OFFICE OF EDUCATION FISCAL
YEAR 1997/98; APPROPRIATING $9,000 TO THE GRANT FUND (290-2902) FROM UNANTICIPATED
GRANT REVENUE FOR THE EXPENDITURE AND REIMBURSEMENT OF SAID CITY FUNDING FOR
IMPLEMENTATION OF THE COMMUNITY ALTERNATIVE ACTIVITIES PROJECT - In fiscal year
1996/97, the San Diego County Office of Education contacted the Parks, Recreation and Open Space Department
to participate in the Community Alternative Activities Project. The San Diego County Office has authorized $9,000
in financial assistance to continue the afterschool program for middle-school age youth at Chula Vista Junior High
School. Per staff' recommendation, the resolution was approved 5-0. (Director of Parks, Recreation and Open
Space) 4/5th's vote required.
Minutes
December 16, 1997
Page 4
12. RESOLUTION 18849 PASSING ON THE REPORT OF THE ASSESSMENT ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING AND
ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES - On 5/27/97, Council adopted
the proposed Resolution of Intention, adopted the bonndary map and approved the form of the Acquisition/Financing
Agreement for Assessment District Number 97-2. Formal proceedings leading to the establishment of Assessment
District Number 97-2 need to be continued. Per staff recommendation, the resolution setting the public hearing for
2/3/98 at 4:00 p.m. was approved 4-0-0-i (Moot abstaining because of an involvement with McMillin). (Director
of Public Works)
Councilmember Salas wanted to know how the Trans DIF was going to be divided. The staff report indicated that
$978 was going to go into the assessment district. The current DIF fee is $3,998 per EDU. ls this what staff is
talking about that we wouldn't be getting the funding t~)r the balance of the $3,010 until we pulled the building
permit. Will this guarantee that we will have enough money to build the backbone infYastructure fur the roads
before the development is there.
John Lippitt, Public Works Director, responded yes. They will have to pay the difference when they pull their
building permit. The roads to serve this area will be built as part of this assessment district.
Councilmember Salas stated she had been asked by two individuals who work for different financial organizations
what was the criteria used to select companies and how are they invited to bid. The complaints she has received
is that when the RFP is put out, it is written in soch a manner to exclude a lot of companies that could compete for
the bond underwriting business. In the future, when the bond goes up for sale, she would like to look at the RFP
to see how it is written to get some understanding as to how staff chooses a company that will underwrite that bond.
Mr. Lippitt stated that the Finance Director was the one who did the process. Although he could not answer the
question, he did state that the action required tonight was approval of' the Engineer's Report. There will be a public
hearing on February 3. He recomrnended that Council ask f~r those items to be addressed before we get to the
public hearing.
13. RESOLUTION 18850 AUTHORIZING STAFF TO REQUEST A DETERMINATION OF CITY
ELIGIBILITY FOR GRANTS AND LOW-INTEREST LOANS FOR WATER RECYCLING
DEMONSTRATION PROJECT - Staff requests authorization t¥om Council to submit applications to determine
the City's eligibility for grants and low-interest loans for a water recycling demonstration project using on-site
greywater recycling systems in 200-650 new homes planned for construction in Otay Ranch. The purpose of the
demonstration project is to determine cost savings to the City 1Yom on-site greywater recycling. The project
supports the City's Greenstar program and implelnents the BECA mission. Per staff recommendation, the resolution
was approved 5-0. (Director of Public Works)
Councilmember Salas wanted to let the staff know how important she felt this issue was for the community. She
also wanted to let the developers know who are raising objections to the demonstration project that we have to look
for ways to conserve water. Instead of listing in the staff' report reasons why a demonstration project would not
work, she would like to see more on how we could overcome those problems that are listed. Also, in trying to read
the staff report, the information was very technical. She asked that in the future in addition to the technical report
something be included in laymen terms so it is easier to understand.
14. RESOLUTION 18851 ACCEPTING BIDS AND AWARDING PURCHASE AGREEMENT FOR
THE PURCHASE OF NINE POLICE PATROL SEDANS - The fiscal year 1997/98 equipment replacement
budget provides l'br the purchase of seven replacement patrol sedans for the Police Department. Two additional
sedans are being replaced using fhnds appropriated in the budget for emergency purchases, lbr a total of nine
vehicles. The City participated in a cooperative bid which was opened 11/13/97. The lowest responsible bidder
Minutes
December 16, 1997
Page 5
was Villa Ford with a new unit price of $21,056.26. Per staff recommendation, the resolution awarding the
purchase agreement to Villa Ford was approved 5-0. (Director of Public Works and Director of Finance)
Councilmember Rindone stated that Villa Ford is being recommended for the award fbr the purchase of vehicles.
In the staff report, it shows approximately a $3,500 savings and indicated that there was an adjustment because of
the terms that caused the net total for Villa Ford to be less than the other bidders. He asked what were those terms.
John Coggins, Purchasing Agent, stated the terms would be 10 percent, 21 days. We would take a 10 percent
discount off the invoice i'¥om Villa Ford if it was paid within the twenty-one days from receipt of the invoice.
15. RESOLUTION 18852 APPROVING THE FIRST AMENDMENT TO THE DETENTION BASIN
AND SILTATION AGREEMENT WITH OTAY PROJECT LLC, SOUTH BAY PROJECT LLC FOR A
PORTION OF THE OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAME -
On 8/12/97, Council approved the Detention Basin and Siltation Agreement with Village Development LLC for a
portion of the Otay Ranch SPA One. Thc agreement provides for the construction and maintenance of certain
drainage improvements within the Telegraph Canyon Basin and set forth the amount of the security (cash deposits
and bonds) to be provided by the developer to ensure compliance with certain maintenance responsibilities for the
Telegraph Canyon Channel. In a letter dated l 1/19/97, the Otay Ranch Company requested certain changes to the
existing agreement. Per staff recommendation, the resolutinn was approved 5-0. (Director of Public Works)
Ann Moore, Assistant City Attorney, stated there was a minor modification to this item, as well as item 8, that was
proposed by the developer subsequent to the agenda going out to Council. The modification involves adding
language that would provide that the City would release a homeowner from the obligations of the agreement prior
to the close of escrow. Staff doesn't oppose this change.
16. RESOLUTION 18853 DECLARING PROPERTY TO BE SURPLUS, UNUSABLE PUBLIC LAND,
WAIVING THE FORMAL BIDDING REQUIREMENT, AUTHORIZING THE SALE OF SAlD PROPERTY
TO DR. ROBERT J. MATKOVICH, AND AUTHORIZING THE CITY CLERK TO EXECUTE A GRANT
DEED FOR THE LEGAL TRANSFER OF SA1D PROPERTY - On 9/26/89, at the request of Rancho del Sur
and Dr. Robert Matkovich, Council approved an a~iustment to the boundary of Open Space District Number 18
which would have involved the exchange or' a portion of "Old" Telegraph Canyon Road right-of-way for a triangular
piece of property a~iacent to Telegraph Canyon Road and the open space area, su/2iect to speci!~c conditions. Said
land exchange did not occur. Duetothe passage of Proposition 218, such an exchange would now require a vote
of all property owners within Open Space District Number 18, which is not practical or feasible. Theretbre, it is
now proposed that Dr. Matkovich purchase a 5,345 square fi)ot strip of highly disturbed open space land lbr $5,345.
Per staff recormnendation, the resolution was approved 5-0. (Director of Public Works and Director of Parks,
Recreation and Open Space)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
There were none.
Council ad. ioumed to a Closed Session at 6:42 p.m. The meeting reconvened at 7:42 p.m. with all members of the
Council present.
Minutes
December 16, 1997
Page 6
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HEARING CONSIDERATION OF THE PROPOSED GRANT OF A MODIFIED CABLE
SYSTEM FRANCHISE TO COX COMMUNICATIONS (COXCOM) lNC.- At the request of the applicant,
staff recommends that the consideration of these ordinance amendments be continued indefinitely. Per staff
recommendation, these items were continued indefinitely. (Principal Management Assistant Young) Continued from
the meeting of 12/9/97.
ORDINANCE **** AMENDING THE FRANCHISE AGREEMENT WITH COX COMMUNICATIONS,
ADOPTING A MAXIMUM FRANCHISE FEE OF 5%, EXTENDING THE FRANCHISE AN ADDITIONAL
TEN YEARS THROUGH THE YEAR 2020, AND MAKING VARIOUS OTHER CHANGES IN TERMS
AND CONDITIONS
ORDINANCE **** AMENDING SECTION 5.52.010 OF THE MUNICIPAL CODE TO CONFORM THE
FEES ASSESSABLE TO CABLE FRANCHISEES AND OTHER VIDEO PROGRAMMING PROVIDERS
TO THOSE ALLOWED BY STATE AND FEDERAL LAW
M (Padilla) to continue the item indefinitely.
Councilmember Rindone stated that since the Council met last week and discussed this issues, he has had some
inquiries that have indicated that there is not a consistency in the rates that are charged. He requested that staff give
Council a report if there are different rates for single family homes, multi-family homes, and apartments.
SUC (Rindone). Motion approved unanimously 5-0.
18. PUBLIC HEAR1NG PCA 98-02; CONSIDERATION OF AMENDMENT TO SECTION 19.58.147
OF THE MUNICIPAL CODE TO REVISE STANDARDS FOR LARGE FAMILY DAY CARE HOMES -
CITY INITIATED - Section 19.58. 147 of the Municipal Code outlines required standards l~,r granting of a large
fhmily day care permit. Staff' is proposing amending three standards: (1) the distance separation required; (2) the
temporary parking requirement; and (3) the noticing radius distance. Staff is recommending an additional
requirement of 300 feet separation distance from another such thcility, which is not on the same street; temporary
on-site parking of at least two vehicles for the safe loading and unloading of children. Per staff' recommendation,
the ordinance was placed on first reading. (Acting Director of Planning)
ORDINANCE 2717 AMENDING SECTION 19.58.147 OF THE MUNICIPAL CODE RELATING TO
REQUIRED STANDARDS FOR LARGE FAMILY DAY CARE HOMES (first feuding)
This being the time and place as advertised, the public hearing was opened. There being no one indicating a desire
to address Council, the public hearing was closed.
Councilmember Salas questioned the requirement that the homeowner utilize the garage if it exists on site fbr the
parking of personal vehicles. She knew of several providers o1' Day Care that have converted their garages in order
to expand the play area so when the weather was bad, the children would have someplace to play. She was
wondering about the wisdom of requiring vehicles to be parked inside the garage and how this could be enforced.
Ken Lee, Acting Planning Director, replied that the City requires anyone who has a single thmily dwelling to have
a two-car garage. What we were experiencing were situations where people had converted their garages and then
had no place to park their vehicle. They would then utilize their driveway and yet want to proceed with a Day Care
operation which meant their personal vehicle was parked in the street. Regarding eniqorcement, the City would
inspect the property to make sure that they could physically park their vehicles in the garage. They have to provide
the City and the licensing agent with a fioor plan, and they must adhere to that. This is also reviewed by the Fire
Department periodically.
December 16, 1997
Page 7
Councilmember Rindone asked if the two new modifications were so that it would prevent two thcilities going in
within 300 feet in order to prevent back-to-back Day Care Centers on adjacent streets.
Mr. [~e responded that under the present provisions, we have a 1200 foot separation, but it is only along the same
street. To avoid an extensive concentration in one area, staff is recommending that the 300 tbot separation from
lot to lot be implemented. The 1200 foot distance will also remain in the Code.
ORDINANCE 2717 PLACED ON FIRST READING BY COUNCILMEMBER RINDONE, heading read, text
waived, passed and approved unanimously 5-0.
19. PUBLIC HEARING PCA 98-01; CONSIDERATION OF A SERIES OF AMENDMENTS TO THE
MUNICIPAL CODE TO ALLOW THE ADOPTION AND ADMINISTRATION OF AN ENHANCED CODE
ENFORCEMENT PROGRAM - In response to Council referrals regarding the need for more effective code
entbrcement, staff is recommending the Mnnicipal Code be revised. The proposed revisions are intended to expand
the number of enfurcement methods available to City departments responsible fur enforcing the Municipal Code,
and to create a standardized appeal procedure utilizing a hearing examiner in lieu of hearings betbre Council.
Numerous existing sections of the Municipal Code are proposed tbr modification to reference these new enforcement
methods and appeal procedures. Staffing to be brought back as part of the budget. Per staff recommendation~
the public hearing was continued to the meeting 1/20/98. (Director of Building and Housing)
MSUC (Moot/Horton) to continue the public hearing to 1/20/98.
20. PUBLIC HEARING REVIEWING AND CONSIDERING PUBLIC COMMENT ON THE DRAFT
AMENDMENT TO THE FISCAL YEAR 1997/98 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) CONSOLIDATED ANNUAL PLAN TO INCLUDE THE PROPOSED HUD SECTION 108 SMALL
BUSINESS REVOLVING LOAN FUND ACTIVITY - Council previously approved the use of CDBG funds to
hire a consultant to assist staff to develop a HUD Section 108 Loan/Loan Guarantee Program, and approved a
contract with Claggett Wolfe Associates. On 8/5/97, Council approved the consultant's Phase I feasibility findings
and directed staff and the consultant to proceed with preparing a Section 108 application and developing a Small
Business Revolving Loan Program. Prior to snbmitting the Section 108 application, the proposed Section 108
activity must be included in the City's adopted CDBG Consolidated Annual Plan. The proposed amendment to the
1997/98 Plan adds the proposed Section 108 Rew>lving Loan Fund activity. This is the second public hearing. The
first public hearing was on 11/25/97. Per staff recommendation, the resolution was approved. (Director of
Community Development)
RESOLUTION 18854 ADOPTING THE AMENDMENT TO THE FISCAL YEAR 1997/98 COMMUNITY
DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PLAN TO INCLUDE THE HUD SECTION
108 SMALL BUSINESS REVOLVING LOAN FUND ACTIVITY
This being the time and place as advertised, the public hearing was opened. There being no one indicating a desire
to address Council, the public hearing was closed.
Councilmember Padilla asked if components of the CDBG allocations that the loan program would borrow against,
was a general liability and could it include a social services component.
Chris Salomone, Conmmnity Development Director, responded that the City Council will be making incremental
decisions on how to use this money. He doubted if they would put social service funds at risk. Staff would make
Council aware if there was any possibility that this would happen.
RESOLUTION 18854 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived, passed and
approved unanimously 5-0.
Minutes
December 16, 1997
Page 8
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ACTION ITEMS
21. REPORT REQUEST FOR A TRAFFIC SIGNAL AT THE INTERSECTION OF BROADWAY AND
FLOWER STREET - In September 1997, staff received a written request with a petition to consider installation
of a traffic signal at the intersection of Broadway and Flower Street. The request cited the need for a traffic signal
because of the increased accidents and many near misses at the intersection of Broadway and Flower Street. Per
staff' recommendation, the resolution was approved 5-0. (Director of Public Works) Continued from the meeting
of 11/25/97.
RESOLUTION 18827 AUTHORIZING THE TRANSFER OF $30,000 FROM THE EXISTING BALANCE
OF PROJECT NUMBER TF220 - TRAFF1C SIGNAL/I-805 AT OTAY VALLEY ROAD FOR THE DESIGN
OF TRAFFIC SIGNALS AT BROADWAY AND FLOWER STREET
Cliff Swanson, City Engineer, stated that at the last meeting and the initial report was tbr the installation of a
flashing beacon. Prior to last week's meeting, staff had just completed the traffic signal priority list ti)r 1998, and
Broadway and Flower ranked at the top of the list. Theretbre, staff is now recommending that the money be used
tbr the design of the full traffic signal rather than installation of a flashing beacon.
RESOLUTION 18827 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed
and approved unanimously 5-0.
22. REPORT REQUEST FOR AN ALL-WAY STOP AT THE INTERSECTION OF HIDDEN VISTA
DRIVE AND WOODHOUSE AVENUE - In July 1997, staff received a petition asking ifa way could be found
to discourage traffic from using Hidden Vista Drive as a short cut and requesting all-way stops be installed on
Hidden Vista Drive at Woodhouse Avenue and at Windrose Way. Staff recommended that the report be accepted
and the request for an all-way stop be denied. Item was continued to 1/13/98 instead. (Director of Public Works)
Cliff' Swanson, City Engineer, stated that one of the residents approach him during the break and indicate that they
had jest received the report. Apparently none of the neighborhood was notified of this meeting. The residents have
reqoested that this item be continued to January 13, 1998.
MSUC (Horton/Padilla) to continue the item to January 13, 1998.
ITEMS PULLED FROM THE CONSENT CALENDAR
(Items 5e and 6 were pulled, however, the minutes will reflect the printed agenda order)
OTHER BUSINESS
23. CITY MANAGER'S REPORT(S)
Scheduling of Meetings: On Wednesday, December 17, at 1:30 p.m. in the City Council Conference Room, there
will be a presentation with the consultants that we have hired regarding the Baseball Stadium.
Chris Salomone, Community Development Director, stated that the consultants could come back in January and do
the presentation tBr Council in an open session. Tomorrow, they will be addressing staff, however, Council is
invited to attend.
Minutes
December 16, 1997
Page 9
Ann Moore, Assistant City Attorney, stated that the meeting had already been noticed as a special meeting should
Council desire to attend.
24. MAYOR'S REPORT(S)
a. Ratification of appointment to the Cultural Arts Commission - Brent A. Curd (to till vacancy created by
Commissioner Kelly, whose term expires on 6/30/98).
MSUC (Horton/Rindone) to approve the appnintment nf Brent Curd.
b. Selection of Mayor Pro Tern.
MSUC (Horton/Padilla) to appnin! Cuuncilmember Rindone to the positinn of Mayor Pro Tem for the next
year.
25. COUNCIL COMMENTS
Conncilmember Padilla - Request for Establishment ol"Ad-Hoc Cormnittee on Police Facility Needs and Designation
of a Council Liaison.
MSUC (Padilla/Sala,s) to establish an Ad-Hoc Committee to investigate Pnlice Facility Needs and to designate
Councilmember Padilla as the Cnuncil liaison.
ADJOURNMENT
The meeting ac[iourned at 8:25 p.m.
R~bmi~
Beverly A. Authelet, CMC/AAE
City Clerk
RECEIVED
Chula Vista Swap Meet
690 L Street ~ 0lC -1 P3:2?
Clml~ Vista, CA 91910
CITY OF CHULA VISTA
CITY CLERK'S OFFICF
December 1, 1997
The Honorable Shirley Horton and
Members of the City Council
276 Fourth Ave.
Chula Vista, CA 91910
Dear Mayor Horton and Members of the City Council:
I am writing this letter to request that the council place on the
agenda and at least discuss the issues I have presented.
Wal Mart recently requested that it be allowed to have non-related
sales in its parking lot, specifically automobiles. The city council
accepted the report without action although the discussion indicated that
the council was concerned about a loss of sales tax revenue.
Specifically with regard to the sales tax issue, the council routinely
waives the business license fee for Harbor Days, Lemon Festival, Farmer's
Market and other city sponsored events. Waving the business license fee
means that the city has no chance to receive sales tax revenue unless, by
chance, the vendor lives in Chula Vista and decides to pay the taxes. All
the vendors at the Chula Vista Swap meet have Chula Vista business
licenses.
As to non-related sales, how does the city rationalize the "swap
meet," which seems to float around the city. As an example, take the Bike
Store, which was on the corner of Third and 'E' Street for the last two
weekends, in an empty lot next to the liquor store at 3189 Main three
weeks ago and in the parking lot of 2446 Main St. five weeks ago. These
people have no business licenses and no permits. The Saloon at 1073 Third
Ave. has an eight-table sports memorabilia sale virtually every weekend.
The craft lady at 585 Oxford sells arts and crafts every weekend under the
guise of a garage sale. There is a house on Second Ave that sells power
mowers every weekend and another one on Hilltop that sells vacuum
cleaners everyday. And, of course, there is the house at 703JSt. where
office chairs are sold virtually daily. These people do not pay business
license tax nor sales tax. In addition, they are violating the zoning
ordinances of the city with impunity. These folks are my competitors and
because I have, in every case, followed the law they have an unfair
competitive advantage which is fostered by the cites lack of enforcement,
and '~no complaint no problem," philosophy.
Other examples include Gl Joe's Surplus at 2852 Main, which sells
anything and everything under the guise of surplus. There is a truck that
comes to the parking lot next to the Children's Hospital Thrift Store and
sells computers and software on the week ends. There was an Art Sale in
Memorial Park the weekend before last, and I saw no approval requested
from or granted by council.
I feel that I have been singled out for constant and over zealous
enforcement. In a response to several letters requesting activities I could
conduct on the 690 L Street property, I was told that auto display for
sales purposes was not permitted within the I-L Zone, yet there is an auto
auction at 790 Bay, which is, as far as I can tell, in the same zone.
Furthermore, the day I received my turn down letter a Mr. Fred Kaseman of
the Community Development Department sent a Mr. David Seville to see my
landlord for the sole purpose of leasing a section of the property for an
auto auction. Mr. Seville was kind enough to stop and see me and discuss
his project.
The second issue I wish to raise is the temporary paving of the
parking lot. The parking lot is tightly compressed earth. I have been told
that I must cover this lot (where not even a weed has grown in eight
years) with weed killer and decomposed granite and then have it sprayed
with oil. I have asked the staff for relief from this requirement and again
have been turned down. I further asked that I be indemnified by the city
against charges and fines from the Federal Government as the facility is
three blocks from the ocean, as the Seagull flies, and contamination of the
storm drain will surely occur. There was no reply on this question from
staff. Again, the city does not provide this treatment in its own parks,
notably Greg Rodgers Clark Park, nor does the city require the drive-in
Theater (SR 54 and National City Blvd.) which has a weekly swap meet
(without permit as far as I can tell) and parks cars in the dirt.
I have six months left on my lease, and I have been told by staff my
permit will not be renewed because Koby's will be open. This lot has been
used as a parking lot without treatment for eight years; I request relief
from this requirement. Should City staff reverse its position on aclear
case of restraint of trade and my permit be extended, the paving of the
parking lot would become an issue for discussion. Please advise me when
this item will be placed on the agenda for discussion.
Planning Department (Ken Lee)
Building and Housing Dept. (Ken Larsen)
Community Development (Chris Salomone)
Wal-Mart (Ana Bravo)
RECEIVED
Village Club Card Room
429 Broadway Avenue, Chula Vista, CA 91910 ny/ []ED 12 /t9:45
619/426-4542
CITY OF CHULA VISI'~
December 8, 1997 CITY CLERK'S OFF!¢'~
Richard P. Emerson Hand Delivered
Chief of Police
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Amendment of Gaming Ordinance, Plan; Request for Approval of
Consolidation
Dear Chief Emerson:
I am the owner of the Village Club Card Room. I hold a
consolidated class II license which permits me to open a twelve
table cardroom and operate certain Asian games, in addition to
poker.
There have been certain legislative changes, namely SB8,
which affect the future of my business. These changes also
affect the ability of localities to determine the course of this
business within their own jurisdictions. My request, described
below, will give Chula Vista maximum flexibility under the law to
deal with gambling issues.
Request for changes in ordinance.
At present, Chula Vista's ordinance permits consolidation of
two cardroom licenses permitting eight tables each into on
license permitting twelve tables. I request the ordinance be
changed to permit the consolidation of two licenses permitting
twelve tables into one license permitting twenty-four tables, and
that the ordinance be further amended to provided that no further
licenses will be issued.
The advantages to the City would be several. It would only
have to regulate one license and one cardroom. This cardroom
would have the scale necessary to compete with other gambling
establishments in the area. There should be a significant
increase in city revenues from fees imposed by the ordinance.
For a cardroom to succeed, there will have to be further
modifications to Chula Vista's ordinance. First, a Club must be
permitted to play all games legal in California. Secondly, the
/ ih -.
Richard P. Emerson
Chief of Police
city of Chula Vista
December 8, 1997
Page Two
club must be permitted to operate twenty-four hours a day, 365
days a year. I request that these changes be made to the
ordinance.
With the above changes, I would be able to combine my
license with the other license currently issued in Chula Vista.
My goal is to create a gambling facility which will allow me to
compete, to survive, and prosper.
Request for further consolidation
Enclosed with this letter are copies of the following
agreements:
1. Agreement dated December 1, 1997 between me and Haig
Kelegian. Under this Agreement, Kelegian is to enter an
agreement with Chula Vista Bay Club, Ltd., a holder of a twelve
table license in Chula Vista, for the transfer of its license to
him, then combine that license with mine. A new entity is to be
formed in which I will have a controlling interest. This entity
then will endeavor to open a new club.
2. Agreement dated December 5, 1997 between Haig Kelegian
and Chula Vista Bay Club, Ltd. under which Mr. Kelegian has the
right to acquire the license owned by Chula Vista Bay Club, Ltd.
under certain terms, including the right of Chula Vista Bay Club,
Ltd. to later acquire a twenty-five percent interest in the total
entity from Mr. Kelegian and a first right of refusal as to his
interest.
Chula Vista's ordinance does not permit the transfer of a
license that has not been used to operate a business for the
previous three years. However, there is precedent for such a
transfer. Also, the transfer is contingent on further
consolidation with my license in an entity in which I will hold
the controlling interest.
Finally, I believe it wise to incorporate the existing
gaming plan, which was adopted by resolution, into the proposed
amendment to the ordinance.
Due to constraints imposed by SB 8, it is necessary to
accomplish these changes prior to December 31, 1997, or at least
have the matter heard by the City Council prior to that date, so
that the intent of the City Council is clear.
Richard P. Emerson
Chief of Police
City of Chula Vista
December 8, 1997
Page Three
Please feel free to discuss any aspect of this matter with
my attorney, Michael A. Green, telephone (619) 425-4020.
Sincerely,
cc: Glen Googins, Deputy City
Attorney II
John Goss, City Manager
Village Club Card Room
429 Broadway Avenue, Chula Vista, CA 91910
619/426-4542
December 16, 1997
The Honorable Mayor and City Council Hand Delivered
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton and Members of the Council:
Last week I submitted an application to the City of Chula
Vista requesting changes to the City's Gaming Ordinance. I asked
that the matter be decided prior to December 31, 1997.
I realize that my request was unrealistic in regard to
timing. I now request that this matter be heard January 15,
1998, because:
1. The California Attorney General's Office has indicated
that it will accept my application during January, 1998, even
though a literal reading of Senate Bill 8 would seem to preclude
this.
2. If I am unable to submit an application to the Attorney
General's Office before January 31, 1998, Chula Vista Bay Club,
Ltd. will no longer be bound to sell its license to Haig
Kelegian. As a result, the city of Chula Vista will continue to
have two licenses to regulate and will have lost the prospect of
local control.
3. Any subsequent proposal might take a year or more for
approval by the State due to regulatory changes.
It is unfortunate that staff will have less time to analyze
this proposal than would be desirable. However, my understanding
is that the Police Department has made a great effort to become
familiar with gambling issues and should be able to address the
matter quickly. The actual changes to the ordinance would be few
and the City has evaluated related matters frequently enough that
staff is familiar with most of the issues. Also, Haig Kelegian,
the person I hope to combine with, is currently licensed by the
State of California to operate a cardroom in Oceanside.
Therefore, the background check should be simplified.
The Honorable Mayor and City Council
City of Chula Vista
December 16, 1997
Page Two
Let me remind you that my proposal would not increase the
number of tables authorized in Chula Vista. My proposal would
put control in local hands and would allow me to survive in what
has become a very competitive business. Please direct that my
proposal be considered January 15, 1998.
cc: Glen Googins, Deputy City
Attorney II
John Goss, City Manager
Richard P. Emerson, Chief of Police
AGREEMENT
This Agreement is made this / ~-~ day of Z~o¢t,,Z,.,.- , 1997, by and between Harvey Souza,
("Souza') and Haig Kelegian ("Kelegian') (hereinafter collectively the "parties').
RECITALS:
Whereas, Souza has been engaged for many years in the operation of a card club
within the City of Chula Vista. Souza owns a consolidated card club license issued by the
City of Chula Vista that allows him to operate a card club with up to 12 tables;
Whereas, Kelegian intends to purchase the consolidated card club license owned by
Chula Vista Bay Club, Ltd., a California limited partnership, that would allow it to operate
up to a 12 table card club within the City of Chula Vista.;
Whereas, the parties hereto feel that it is in their best interest to consolidate their
card room operations within the City of Chula Vista, all in accordance with and subject to
the terms and conditions of this Agreement;
Therefore, the parties hereby agree as follows:
1. Goal; Roles. Souza and Kelegian agree to work together to secure approval from all
required governmental agencies for their combined ownership and operation of a card club
within the City of Chula Vista. For the success of this project the following must I;~ occur:
a. Kelegian must demonstrate that he has acquired the consolidated license of Chula
Vista Bay Club, Ltd. within one week of the execution of this agreement, subject only to the
approval of the transfer by City and State regulators. The transfer may be contingent upon
the parties obtaining the approvals stated in this agreement. Kelegian's agreement with
Chula Vista Bay Club, Ltd. shall be presented to Souza for review immediately and may be
disclosed to City and State regulators as the parties attempt to obtain the approvals
described in this agreement.
b. Kelegian warrants that there shall be no agreements between him and Chula Vista
Bay Club, Ltd. or any other third party concerning this agreement or this project which are
not disclosed to Souza. Souza warrants that there shall be no agreements between him and
Chula Vista Bay Club, Ltd. or any other third party concerning this agreement or this project
which are not disclosed to Kelegian.
c. Souza and Kelegian must file an application with the City of Chula Vista within ten
days of the execution of this agreement seeking approval of the following:
i. Approval of the transfer of the Chula Vista Bay Club, Ltd. consolidated
license to Kelegian.
ii. Amendment of the gambling ordinance to permit consolidation of the
previously consolidated licenses so that there will be only one authorized license for the
operation of a card club within the City of Chula Vista, which license will be owned by the
new entity of the parties.
iii. Amendment of the gambling ordinance ordinance to permit the new entity
to operate a card club with at least twenty tables; to permit operation 24 hours per day, 365
days per year; and to permit play of all games legal within the State of California.
iv. Amendment of the gambling ordinance to conform to the requirements of
SB 8.
v. Souza will be responsible for the process of obtaining the approval of the
City of Chula Vista of the above. Kelegian will assist Souza if asked.
d. Souza and Kelegian must file an application with the State of California within
fifteen days of the execution of this agreement seeking approval of their combination as
stated above and the operation of a card club as stated above. Kelegian will be responsible
for obtaining the approval of the State of California of the above. Souza will assist Kelegian
if asked.
e. Souza must obtain the approval of Francis Burger and the Vegas Club to this
project (consent may not be withheld unreasonably). The new entity must be willing to
accept the encumbrance of the consolidated license to the loans of Burger and the Vegas
Club. f. The parties must agree within 21 days of the date of this agreement on the details
of the composition of the new entity, with all of the terms described herein, including the
restrictions on transfer as described below. ·
2. Formation of New Entity. Provided that the parties secure the approvals stated in -kb, ix W'e*~';-"°'d
paragraph, they agree that they will immediately form a California limited liability company,
and after its formation forthwith contribute their Chula Vista card club licenses to the new
limited liability company (the "Club") or if a new card club license is issued to the Club,
surrender their current card club licenses upon the issuance of the new card club license. If
for any reason a limited liability company is not allowed to own the subject card club
licenses, the parties agree to form a California corporation (to qualify as a Subchapter S
corporation) and contribute their licenses to it. Souza is to own a fifty-one percent interest in
the entity and Kelegian is to own a forty-nine percent interest in the entity. The parties
intend that Souza have a controlling interest by virtue of his majority ownership.
3. Composition of New Entity. Bob Moyer may own a portion of Kelegian's share of the
new entity, provided that his interest is non-voting and provided the new entity, if it must be
a subchapter corporation, will qualify as such if Moyer's shares are nonvoting. If this is not
conservatively feasible, Kelegian and Souza will be the sole shareholders. Either party may
transfer shares to family members provided that the party retains voting control of the
shares. Other transfers may be vetoed by the other party. Any transfer must be approved by
the City of Chula Vista and the State of California and may not jeopardize the licensing of
the club in any way. There shall be a shareholder agreement setting forth the above and
providing for a method of purchasing the shares of a shareholder who wishes to withdraw or
who dies or becomes disabled.
4. Additional Contributions. In addition to contributing his card club licenses to the Club,
Kelegian agrees to assume the responsibility of acquiring, developing and outfitting a new
cardroom facility in the City of Chula Vista. Haig agrees to contribute up to One Million
Dollars for this purpose. The contribution may be in cash, personal property, equipment, or
guarantees of loans or leases. Souza shall not be required to make any additional
contribution.
5. Operation of Existing Club. Until the Club opens for business, Souza may continue to
operate his current card club business in substantially the same manner that it is currently
operated, and Souza shall retain all profits therefrqm and be responsible for all costs and
losses associated therewith.
6. Management. Souza will control the new entity. The new entity may hire International
Casino Management, a California corporation totally owned by Kelegian and Walter Lack, to
manage the Club on terms to be determined in a management contract.
7. Termination. Either party may terminate this agreement at any time until the approvals
mentioned herein are obtained, at which time this agreement may not be unilaterally
terminated.
8. General Provisions.
a. Notices. Any notices required or permitted to be served by one party upon the
other under the provisions hereof shall be in writing and shall be delivered in person, or
mailed, by certified or registered mail, postage prepaid, return receipt requested, addressed
to the parties hereto, at their respective addresses set forth below, or such other addresses as
shall be established for such purposes by the service of written notice in the manner herein
provided.
Kelegian's address: /,ge.,3 JCe le3,'~~ / ~ g" l~)e.t '/ ,~a.¢. ~,~,~a-r ~r'¢ .
Souza's Address: Harvey Souza
429 Broadway
Chula Vista, CA 91910
with a copy to: Michael Green, Esq.
227 Third Avenue
Chula Vista, CA 91910-2763
b. Benefit of Agreement. This Agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective executors,
administrators, successors and assigns.
c. Applicable Law. This Agreement is to be governed by and
construed under the laws of the United States and of the State of California.
d. Captions and Paragraph Headings. Captions and paragraph
headings used herein are for convenience only and not a part of this Agreement and will not
be used in construing it.
e. Invalid Provisions. Should any provision of this Agreement for
any reason be declared invalid, void, or unenforceable by a court of competent jurisdiction,
the validity and binding effect of any remaining portion will not be affected, and the
remaining portions of this Agreement will remain in full force and effect as if this
Agreement had been executed with said provisions eliminated.
f, Counterparts. This Agreement may be executed simultaneously
in two or more counterparts each of which shall be deemed to be an original, but all of
which together shall constitute one and the same instrument.
g. Entire Agreement. This,Agreement contains the entire
agreement of the parties. It supersedes any and all other agreements, either oral or in
3
writing, between the parties hereto with respect to the parties' respective card club licenses
in the City of Chula Vista. Each party to this Agreement acknowledges that no representa-
tions, inducements, promises, or agreements, oral or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement, or promise not contained in this Agreement will be valid or
binding.
h. Mod~cation. This Agreement may not be modified or
amended by oral agreement, but only by an agreement in writing signed by the parties.
i. Attorneys' Fees. In the event any party hereto shall commence
an action to enforce or recover damages for the breach of this Agreement, the prevailing
party shall be entitled to recover, in addition to all the other relief which shall be granted, a
reasonable attorneys' fee fixed by the Court.
j. Construction of Agreement. Not as a mere recital and
intending to be fully bound, Kelegian acknowledges that this Agreement was prepared by
counsel for Souza and that Kelegian was advised that he was free to and did seek the advice
of counsel representing his interest prior toji.g,.,n?n,~g same. Any ambiguity in the terms of this
Agreement shall not be construed against ?~*. ?~n but rather the terms hereof shall be
construed as if both parties prepared this Agreement.
k. Arbitration. Any controversy or claim arising out of or relating
to this Agreement, or to the breach of this agreement, shall be resolved by final and binding
arbitration with the parties hereto selecting a single arbitrator to consider said matter within
15 business days following notice from one of the parties to the other party requesting the
selection of an arbitrator. If within said 15 day period the parties are unable to agree upon
an arbitrator, or if the arbitrator selected has not rendered his or her award on the matter
within 45 business days of being selected, then the presiding judge of the San Diego County
Superior Court, on the petition of either party, may select a single arbitrator to consider this
matter. The arbitration is to be held in either the City of Chula Vista or the City of San
Diego, State of California. Judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction. In the event of any arbitration, all parties shall have
equal rights under section 1283 of the California Code of Civil Procedure. The cost of the
arbitrator shall be borne by the unsuccessful party in the arbitration or allocated between the
parties as the arbitrator may determine if one of the parties does not totally prevail.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written. ~.~
Dated: //~9- -/ -- .,1997
Harvey ~a
Ha~g Kelegi~i (./
4-
INGLIS, LEDBETTER & (~OWER
~ '~'~'"~ I'~cember 5, ~ 997
Via F~x- (213) 726-0456
Mr. H~.{g Eelc~an
138 West Los Amigo~
_Montebe. llo, C.~ P0~0
Re: C~ta Vi~a
~ ~lle No. 17~2
D~r ~ig:
Follo~ng your p~po~ to t~ Bo~ of D~to~ of the C~ifo~a Co~rce
Club on D~m5~ ~ 1997. ~ po~s ~I~ belo~ w~c z~d to in conn~n
~ V~ ~d~ ~g U~e ~ ~ C~uN V~a B~ Club, L~ (thc "C~C
If by D~e~ 3 t, 1997 y~ ~ve a ~cn indication flora the City of Ch~a
~a ~at ~ey will ~ow flor ~e con~oUd~ion of~e CVBC Li~m ~th ~hm ~u
g~ lic=~ o~ by ~ Sou~ (~he "S~a ~se") into one li~ ~t ~ll be able ~o
opiate no f~er Ibm 2~ ~ ~l~s ~ ~e Ci~ ofChula ~ ~th all oflhe fight~ ~d
lic~s~ thr ~e Ci~y o~ Ch~a ~s~ ~d ~ ~cemb~ ~ I. 1997 ~u r~cfiw ~i~en ~pro~
~om ~he ~pro~te ~ate ag~nci~ in~lv~ N ~e relation of ~n~II~ grog
co~li~dun of Uc~es rcfc=~ to a~v~ ~ fihw~ under ail applicable S~te smmt~, th~,
~bjc~ to ~ch ~pro~ of~l r~ gove~=m~ ~g~es ~ m~y bc ~ Chun vi~
Bay Club, Ltd. wo~d ~ into ~ fo~ wfia~ ~ou~ ~ you ~d ~. Wall=r ~ack,
o~c~, if~u so d~ wherein ~u ~d ~cqui~'e ~e C~C Li~ase on ~ ~llo~ng tcm
~r~hasc P~ce: ~1,0~,000.
~est on ~rc~m~ Obli~: None
3. ~ent D~; Three y~s flora ~e date of ~uis~on.
Ob~go~ Under Note: ~g Kcl~m, indNSdu~, and Wfit~
in~du~y, on a joiR~ ~nd ~v~ b~is. ~you add o~cr purc~ ~ t~ tmsac~o~ ~en they
December 5, 199'7
Page 2
would ~tso execute the acquisition agreement a~d would be jointly and severally liable theretmfler_
5. Form of J~tity: The entity formed bet,~een Harvey Souza mad yom'self
would be c~ther a }imited liability company, if same is allowed under Califomia law, aad if same is
not allowed for the operatina of the card club in Chula Vista, then a CaliFornia limited partnership.
6. Minimum P-'~rcenta~e of Ow~ershi~: Your and Mr. Lark's ownership
interests in ~c new entity formed berweea yemselves aad Mr. SouZa ("the new Chul~ vista Card
Club") would be no less than 49% o1' ~'a.me.
7. Mana~,~g~&gly~I: Thc new Chula Vista Card Club would enter
into a management agr~ment with said emity reamnably s~lected by you. reg'arding the day to
day aff--~'$ 0ftb. e new Chula Vista Card Club. The terrn~ of this agree'met would be reasonable '
and negotiated on an arms-lanath basis
8. ,li3ntion to Purchase: The Califurnia Commerce Club, or its nominee.
would have an irrevocable o~ion to aC, Xluire from you, Mr. Lack, and your c*o-ownera, flaW,
,-,-uch percent ~aff. e of'your c, oltectiv~ own~rskip interest ia the new Chula Viga card club operafon
such that Calif~mla Commerce Club would own no less than 25% of the total entity.
9. Notice ofExercise..of O~tion: The ol~[On referred to in para~-~r-aph 8 above
is e×ea~'isable ~ any time by the California Commerce Club, or its nominee, tendering to you
written notice of its exercise of same, which acrdce may be tendered no emiier than th~
anniversary date of your acquisition of the C'v'BC License and no later than the 3rd amaiversa.,3' of
said purchase.
'10. F.i.ght nfFirst Refusal: Im addition to the option noted above, you, MI'.
[.ack, and your c~-o~ers, if a~y, in the new Chula Vista Card Ctub will grant to tiao California
Commerce Club. or its nominee, a right offir~ refa.~l on commercially rea~on~le lerms
acquire your emtixe iater~t in the new Chula Vi/sta C~rd Club t}mt you wieh to tr~sfer to other
than close family members.
If all of the co~ditions noted above are satisfactory' to you, I will pre, are formal
written docu~s regarding the subject trimsaetion whlch, as you know. must be approved in
Mvance by ~11 required govermnental agencies before they can become effective.
Thc California ~ommerce Club ,,~ishe$ you the be~-t ut'luck in pursuing thi~ matter.
December 5, 1995
page 3
If you are satisfied '~ith the terms and conditions oudiucd above, ptea~e execute
the copTf of this liner *:lam is cuclosed ~axd fotura same to me for my f~e, together witl~ the
agveemeaat t~at you have entered into ~i~h Mr. Souza,
Sincerely,
Steven K. Ledbetter
cc: C_reorge Turnanjan
Agreed to by Chu[a Vista Bay Ck~b. Ltd. ~e~ to by ~ig Kde~ thi~
~ d~ olD--tuber. 1997. day of D~b~, 1997.
C~A V~TA BAY CLX,
By: Cilia Wmm Bay c~b,/In~.
g~ T~an,
TOTglL P. 04
COUNCIL AGENDA STATEMENT
Item L~c~
Meeting Date 12/16/97
ITEM TITLE: Resolution /¢~r;'JCf'7.,->Adopting the 1998 Legislative Program and
Legislative Work Progrmn.
SUBMITTED BY: Legislative Committee
Sial W. Morris, Assistantg~anager
REVIEWED BY: City Manager,3(.-~ ~(..J..~_~' (4/Sths Vote: Yes NoX)
The Legislative Program represents the City Council s position on items likely to be acted upon
by the State Legislature, Congress, or administrative agencies. By adopting a Legislative
Program at the beginning of each two-year legislative session and amending it at mid-term,
Chula Vista can take a proactive role in sponsoring, supporting, or opposing bills related to the
City's various legislative priorities.
RECOMMENDATION: That the City Council approve the resolution adopting the 1998
Legislative Program and Legislative Work Program.
BOARD/COMMISSION RECOMMENDATION: This report from the Legislative
Committee reflects their comments as well as input from the department directors. A copy of
this draft was sent to Council as an Information Item 12/5/97. Input from Council received
during the course of this year and subsequent to the distribution of that information item has
been included in the proposed update.
DISCUSSION:
Background
The purpose of the Legislative Program (as instituted by Council Policy 300-01 in 1987) is to
identify and adopt position statements regarding a variety of issues which reflect the policy and
direction of the Council. This action sets guidelines which permit staff to make timely
responses consistent with Council's desires to sponsor, support or oppose bills during the
legislative process. By taking action on a comprehensive program at the start and midpoint
of the legislative and congressional sessions, the City is able to work with our local elected
representatives to introduce needed legislation as well as proactively position itself on a wide
range of issues.
Presented in this report is an updated 1998 Legislative Program and a Work Program to guide
staff and our legislative consultant throughout the 1997/98 session.
Page 2, Item__
Meeting Date 12/16/97
Legislative Program
In general, the Legislative Program lays out the City's positions in the following subject areas:
A. Bayfront/Redevelopment
B. Fiscal Support/Home Rule
C. General Government
D. Housing and Community Development
E. Economic Development
F. Land Use Planning
G. Enviromnental Protection
H. Public Employer/Employee Relations
I. Public Liability
J. Public Safety
K. Public Works/Transportation
L. Recreation
M. Library
The Program is divided into two categories. Category I consists of those items "which can be
acted upon directly by staff with concurrence of the Legislative Committee" (the Mayor, the
City Manager and City Attorney). Category II includes items on which Council is interested
in taking a more active role, and which are therefore subject to formal Council action.
Procedurally, Category I is administered by the Legislative Committee. Such items are
generally non-controversial, and include:
Supporting additional state or federal funding for local governments and/or Chula Vista
programs
Opposing unfunded mandates
Protecting City planning and land use authority
Recommending reforms in various state and federal programs
Via unanimous adoption of the program by the City Council, related bills can be acted upon
directly by the Legislative Committee, so that the City's position can be communicated to
legislators in the quickest, most effective way. Notification of positions taken and copies of
any letters sent are then forwarded to the City Council for information.
Cateeory II contains items which have general City Council support, but on which there is still
some debate among Council, and formal City positions may depend upon the exact intent and
wording of the proposed bills.
Page 3, Item__
Meeting Date 12/16/97
These items are to be actively monitored by the Legislative Committee but are subject to
formal Council consideration before any actions may be taken to support or oppose. Examples
include:
Supporting efforts to:
Consolidate state and/or federal environmental regulations
Fund school facility construction programs (e.g. bond issues)
Opposing efforts to:
Enact additional mandates through the Brown Act.
Proposed Changes for 1998
The proposed amendments address issues raised during the first half of the 1997-98 Legislative
session, new City Council priorities, and new priorities in Sacramento and Washington. The
remainder of the program is carried over from the 1997 Legislative Program, as adopted by
Council 1/7/97. In most cases, the City's priority issues for 1998 (e.g. Veterans Home
construction, Clean Water Act exemption, selecting Chula Vista as the site of a new University
of California campus) are already included in the Legislative Program and thus do not require
any amendments.
A complete list of amendments is shown in Exhibit A, with additions denoted by underline and
deletions by strikeout. Individual amendments are each accompanied by a brief justification
for their inclusion.
With an up-to-date Legislative Program, staff is better able to communicate the City's interests
to Congress and to the State Legislature. Most importantly, we will be able to communicate
that message to our State and Federal representatives and work with them to introduce or
advance legislation affecting Chula Vista's priority issues.
The Legislature convenes on January 5. It is anticipated that the Governor's budget will be
the focus of attention for local government and State Legislators alike. There are early
indications that infrastructure funding for the predicted impacts of El Nifio may be included
in this budget. The Mayor and City staff have met with local State representatives and
communicated the City's priority issues, including infrastructure needs (see letters, attached)
Sacramento's deadline to introduce new bills for 1998 is February 20. Since this window of
opportunity is a short one, Council is encouraged to share at this time any additional issues or
interests they have in pursuing changes in state law.
Page 4, Item__
Meeting Date 12/16/97
Legislative Work Program
In an effort to maximize the City's resources and impact at the State level, the attached work
program (Exhibit "B") has been developed to guide staff and our legislative consultant. This
document is the result of discussions with City departments and the Redevelopment Agency
staff, as well as input from Councilmembers. It serves several purposes: a) as a work plan
for staff' and the legislative consultant; b) as a means of narrowing the scope of the legislative
efforts to specific issues of concern to Chula Vista; and, c) as a valuable tool for setting the
City's agenda and evaluating our lobbying endeavors in the state legislative process.
The proposed work program is divided by category and priority. Included is a description of
each request and recommended follow-up action. The priority assigned to projects is based on
the following criteria:
Urgency (i.e. significant cost or need)
· Timing/political climate in Sacramento and Washington
· Feasibility
As an example, maintaining or increasing current revenue allocations from the State is a
Priority 1 because of the amount of money being lost each year to such programs as the
Educational Revenue Augmentation Fund (ERAF takeaways) and the fact that these losses have
reduced the City's ability to maintain the levels of service it provides to the residents of this
community.
Lower priority items range from those having a significant fiscal impact but lesser political
viability (e.g. sales tax reallocation; Priority 2~), to projects with low direct fiscal impact to
the City (e.g. legislation related to minimum content of recyled materials in new products;
Priority 3), to proposals which are currently dormant (e.g. siting a regional airport in the South
Bay) and are no longer recommended as part of the active work program.
Amendments to this year's work program include:
Deletion of the Work Program element to oppose efforts to bail out Orange County's
investment crisis with State taxpayer funds (not a current topic of discussion) and to
install Olympic Training Center signage on I-5 (this project has been completed).
· New priorities to reflect the new items in the Legislative Program.
~The City has taken action to support the CAUCUS ballot
measure on this subject, but is precluded by law from actively
supporting or opposing ballot measures. Staff has provided the
Council resolution in support of the measure to CAUCUS, the League
of California Cities and the City's legislative advocate and will
keep Council informed of any progress on this proposal.
Page 5, Item__
Meeting Date 12/I 6/97
Updates of the work program will accompany staff's Legislative Program Quarterly Status
Reports to keep Council informed of progress toward these goals.
Finally, as we look to Chula Vista's goals for 1998, it is proposed that the City focus on the
following key issues:
Reversal of the current State take-away of local property tax revenue into Educational
Revenue Augmentation Funds
Supporting continued reauthorization of the State COPS program funding coupled with
greater flexibility at the local government level for the use of these public safety funds
Developing a strategy to pursue the establishment of local governments' ability to set
speed limits on residential streets at levels which may be lower than those indicated by
the 85th percentile of a traffic study
Allocation of Petroleum Violation Escrow Account (PVEA) funds to energy-saving
projects sponsored by Chula Vista
· Technical amendment to SB 38 (1996) to allow the Western Regional BioProcessing
Center to take advantage of R&D tax credits
FISCAL IMPACT:
Amendment of the Legislative Program and Work Program for 1998 does not result in any cost
to the City. Success in achieving the goals of this program, however, can lead to significant
fiscal impacts. Although these impacts can be difficult to estimate (e.g. issues of land use
control, potential civil liability) the City's legislative eftbrts, often in concert with those of the
League of California Cities and other public agencies, have yielded substantial, concrete cost
results.
While local government was not successful in reversing the State's takeaway of local property
taxes, the efforts to move in that direction created a growing recognition by the State of the
need for a stable financial picture for cities and counties. This, in turn, resulted in the
Legislature approving a return to pre-1991 vehicle code violation fine allocation formulas so
that local govermnent will once again retain 100% of the base fine issued. The strong bonds
which have been forged with our local delegation in Sacramento played a large role in the
City's successful applications for PVEA funds and land acquisition money for the Otay Valley
Regional Park.
The united eflbrts of the League and other public agencies produced legislation which states
the Legislature's intent to continue funding the COPS grant program for three additional years
beyond 1997. The benefits of legislation passed in 1996 accrued to Chula Vista for the second
time in the form of an additional payment toward the supplemental subvention debt which the
State has owed the City since fiscal year 1994/95. A table summarizing major victories in
Sacramento during 1997 appears on the following page.
Page 6, Item__
Meeting Date 12/16/97
1997: POSITIVE FISCAL IMPACTS
Issue Revenue Comments
Return of 100% of base fine for $115,000 First year benefit, may grow in outlying years
vehicle code violations
COPS Grant Funding $359,028 Second of five probable installments
PVEA $300,000 For Metallic Power
Supplemental Subventions $37,389 Has been owed to City since 1994/95
Otay Valley Regional Park land $3,000,000 Part of regional Natural Communities
acquisition funds Conservation Program
TOTAL REVENUE: $3,811,417
Fiscal items the City successfully opposed in 1997 include:
1997: POTENTIAL/AVERTED NEGATIVE IMPACTS
Issue Potential Cost Comments
SB 74, AB 179 (GIS/public $2.4 million system The City would have been precluded from
records recovering any portion of the taxypayer's
investment in the GIS system. Defeated in 1997
AB 923 (Dissolution of $5 million/year Double-referred and never heard in 1997
redevelopment agencies)
AB 1519 (Retirement Benefits) $70,000/year Defeated in 1997
SB 325 (Vehicle License Fees) $5.6 millior~year Dropped by author
TOTAL LOSS $13+ million/year
OPPOSED/AVERTED:
Finally, staff would note one direct fiscal impact associated with this program; the City's contract with
a legislative advocate in Sacramento (The Wilson Group), which is capped at $66,000 per year. The
firm is charged with assisting the City in meeting its legislative goals and presenting Chula Vista's
position on various proposals to both legislators and administrators in Sacramento. The City is now
entering the second half of the two-year contract awarded to the lobbing firm in December of 1996.
Attachments:
1. Resolution
2. Exhibit A: Legislative Program,Proposed 1998 Amendments
3. Exhibit B: Work Program, Proposed 1998 Amendments
4. Le~ers to State Legislators regarding goals for 1998.~O~C~:~0'~' c:\...\981egprg.113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE 1998 LEGISLATIVE PROGRAM AND
LEGISLATIVE WORK PROGRAM
WHEREAS, Council Policy 300-01, dated January 1987, provides for the
adoption of a City Legislative Program; and
WHEREAS, the Legislative Program represents the City Council's
position on items likely to be acted upon by the State Legislative, Congress, or
administrative agencies; and,
WHEREAS, by adopting a Legislative Program at the beginning of each
two-year legislative session and amending it at mid-term, Chula Vista can take
a proactive role in sponsoring, supporting, or opposing bills related to the
City's various legislative priorities; and
WHEREAS, an updated 1998 Legislative Program and Work Program to
guide staff and our legislative consultant throughout the remainder of 1997/98
session are recommended for adoption by the Legislative Committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby adopt the 1998 Legislative Program in the form set forth
in Attachment "1".
BE IT FURTHER RESOLVED that the City Council does hereby adopt the
1998 Legislative Work Program in the form set forth in Attachment "2".
BE IT FURTHER RESOLVED that staff and the Legislative Committee are
hereby authorized to implement these programs.
Presented by Approved as to form by
Sid W. Morris ~M. Kaheny
Assistant City Manager ~ Attorney
CITY COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE: 12/16/97
ITEM T~TLE: Resolution Appropriating Funds for Settlement of Jones
Intercable v. City of Chula Vista and
Transferring Funds for Payment of Attorneys'
Costs and Fees
SUBMITTED
BY:
City
AtL~/ 4/5ths Vote: Yes X No
In accordance with the Brown Act, the City Council met in Closed Session on
November 18, 1997 to discuss the case of Jones Intercable v. City of Chula Vista.
The City Council approved a proposed settlement in the amount of $150,000 with
$75,000 to be paid immediately, and $75,000 to be paid before March 1, 1998.
It is necessary to appropriate the money into the Insurance Budget to pay the
settlement.
In addition, there is an outstanding balance of $60,000 due to Silldorf, Burdman,
Duignan and Eisenberg, the attorneys who have been representing the City in this
case. It is proposed to transfer the money from the Attorney's office Salary
Savings Account 5101 into the Professional Services Account 5202.
RECOMMENDATION: Adopt the attached resolution which will appropriate $150,000
from General Fund Reserves to the Insurance Budget Account (100-0700-5441) and
transfer money within the City Attorney's budget.
BOARDS/COMMISSION ACTION: N/A
FISCAL IMPACT:
Appropriate $150,000 from the unappropriated balance of the General Fund to
Account 100-0700-5441 and transfer $60,000 from Account 100-0150-5101 to Account
100-0150-5202.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FOR SETTLEMENT
OF JONES INTERCABLE V. CITY OF CHULA VISTA,
AND TRANSFERRING FUNDS FOR PAYMENT OF
ATTORNEYS' COSTS AND FEES
WHEREAS, on November 18, 1997, in accordance with the
applicable provisions of the Brown Act, the City Council met in
Closed Session to discuss the case of Jones Intercable v. City of
Chula Vista; and
WHEREAS, the City Council approved a proposed settlement
in the amount of $150,000 with $75,000 to be paid immediately, and
$75,000 to be paid before March 1, 1998.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby appropriate $150,000 from the
unappropriated balance of the General Fund into the Insurance
Budget 100-0700-5441 for settlement of the Jones Intercable
lawsuit.
BE IT FURTHER RESOLVED that the amount of $60,000 is
hereby transferred from the Attorney's Salary Account 100-0150-5101
to the Professional Services Account 100-0150-5202 for payment of
attorneys' costs and fees.
Presented and Approved as to form by
~Kaheny, City Attorney~
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 12116197
ITEM TITLE: RESOLUTION //~'~/'.~J APPROVING AN AFFORDABLE HOUSING
AGREEMENT BETWEEN THE OTAY RANCH COMPANY AND THE CITY OF
CHULA VISTA RELATED TO OTAY RANCH SPA ONE PLAN AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
SUBMITTED BY: Community Development Director ~_~ ~'~ ,
REVIEWED BY: City Manager (4/5tbs Vote: Yes No X )
BACKGROUND: ~ ~
The City of Chula Vista, along with all other cities in California, is required by state law to have a Housing
Element as a component of its General Plan. The Housing Element describes the housing needs of the
community and specifies strategies for the delivery of affordable housing. The City of Chula Vista Housing
Element of 1991, and the Otay Ranch Wide Plan and SPA One Affordable Housing Plans contain numerous
objectives, policies, and related action programs to accomplish these objectives.
Key among these is the affordable housing policy which requires that residential development with fifty (50)
or more dwelling units provide a minimum of 10% of the total dwelling units for Iow and moderate income
households. One half of these units (5% of the total project) being designated to Iow income and the
remaining 5% to moderate income households. Based on the total of 3,681 residential housing units which
are currently allowed to be constructed within Otay Ranch, a total of 368 Iow and moderate income housing
units are required to be provided within the project, of which 184 will be provided for Iow income and 184
will be provided for moderate income households. In order to comply with this requirement, the applicant,
the Otay Ranch Company, and City staff, has prepared an Affordable Housing Agreement for the Otay Ranch
Company SPA One Plan for Council's consideration and approval.
RECOMMENDATION: That Council approve the resolution approving the Otay Ranch SPA One Affordable
Housing Agreement for the Otay Ranch Company and authorizing the Mayor to sign the Agreement.
BOARDSICOMMISSlONS RECOMMENDATION: The Housing Advisory Commission has reviewed
and approved the Otay Ranch Wide and SPA One Affordable Housing Plans.
DISCUSSION:
The 184 Iow income housing units would be located in Neighborhoods R15 and R19 of Village One of the
planned community within an area identified in the Otay Ranch SPA One Land Use Plan (see Exhibit A). As
Page Z, Item__
Meeting Date 12116197
prescribed in the General Plan and Otay Ranch GDP, the Iow income housing sites were selected for the
proximity to future public transit facilities, and location within walking distance to future retail commercial
centers and support services, such as public parks and schools. The sites, were designated for multi-family
use in the Otay Ranch General Development Plan and the SPA One Plan. Therefore, it is found to be
adequate to accommodate affordable housing as prescribed in the Affordable Housing Agreement.
The Otay Ranch Affordable Housin9 Agreement is expected to be implemented in phases. The Initial Phase
consists of a total of 92 Iow income housing units. The Remaining Phase will include the final 92 Iow
income units. Construction of the Iow income housing units in the Initial Phase is expected to begin before
the issuance of building permit number 1,840 which represents approximately 50% of the total development.
The Remaining Phase is expected to start prior to the issuance of building permit number 3,000. The
moderate income housing units will be met by market rate units.
Additionally, the Otay Ranch Company Affordable Housing Agreement requires the developer to build the Iow
and moderate income housing units plus dedicate 3 acres for affordable housing as required by the Telegraph
Canyon Estates Affordable Housing Agreement. The Agreement also gives the City the right to demand that
the developer construct a proportional amount of Iow and/or moderate income housing units relative to the
total number of residential building permits that have been issued for the Project. In addition, the Agreement
also includes a provision by which the developer will receive credits of surplus affordable housing units if
more than 5°/0 of the project's residential units are Iow income housing. The proposed terms of the
Agreement for Otay Ranch meet the requirements of the City's Housing Element and Otay Ranch Company
has agreed to all terms.
Affordable Housing Agreements are normally packaged together with other agreements and approved by
Council with the first final map. In this case the agreement is being brought forward earlier to
accommodate the applicant's land sales program.
The proposed Aoreement for the provision of affordable housing for Otay Ranch has been reviewed for
compliance with CEQA. The proposed Agreement is a mechanism for implementation of affordable housing
within the prescribed densities and maximum unit count of the Otay Ranch General Development Plan and
SPA Plan. Approval and execution of the Agreement would not, therefore, result in the construction of any
housing beyond that anticipated in the GDP and SPA plans and the environmental review documents prepared
for those plans. Therefore, the actions recommended by this staff report are considered to be exempt from
CEOA under the "General Rule" (Section 15061(b)(3) of the CEOA Guidelines). This exemption applies to
projects which do not have the potential for causing a significant impact on the environment. Based on the
content of the documents and the environmental documentation preformed on the actual physical
development project, it can be seen with certainty, in this case, that the recommended actions would not
have the possibility of having a significant effect on the environment, beyond that already analyzed.
FISCAL IMPACT: All staff costs associated with the preparation of the Affordable Housing Agreement and
the processing of improvement plans and final map will be reimbursed from developer deposits.
(JPA:ah) H:IHOME/COMMDEVISTAFF.REPI12-1R-DTIOTA¥ RANCH [December 10, 1997 (2:13pm)]
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE
OTAY RANCH COMPANY AND THE CITY OF CHULA VISTA RELATED TO
OTAY RANCH SPA ONE PLAN AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT
WHEREAS, the City of Chula Vista Housing Element established the City's "Affordable
Housing Policy" which requires 10% of each housing development of 50 or more units to be affordable to
Iow and moderate income households, with at least one half of those units (5% of project total units) being
designated for Iow income households; and
WHEREAS, on October 28, 1993, the Chula Vista City Council and the San Diego County
Board of Supervisors, jointly adopted the Otay Ranch General Development Plan/Subregional Plan for the
Project, by Resolution Number 17298, which required compliance with the City's Housing Element of the
General Plan; and
WHEREAS, on October 28, 1993, the Chula Vista City Council, pursuant to Resolution No.
17298, and in accordance with the California Environmental Quality Act ("CEQA"), certified the Final
Program Environmental Impact Report for the GDP, SCH #9010154 ("Program EIR 90-01" or "Program
EIR"), made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted
a Statement of Overriding Considerations; and
WHEREAS, the Environmental Review Coordinator has determined that the Affordable
Housing Agreement is exempt from CEQA review under Section 15061(b)(3) in that the Agreement will not
have the possibility of having a significant effect on the environment, beyond that already analyzed; and
WHEREAS, in order to satisfy the Telegraph Canyon Estates GDP and SPA requirements,
and Affordable Housing Agreement must be provided in conjunction with the first phase of the Otay Ranch
development within the City of Chula Vista, as set forth in Resolution No. 17737; and
WHEREAS, on June 4, 1996, the City approved the Otay Ranch Sectional Planning Area
Plan, including a Ranch-Wide Affordable Housing Plan and SPA One Affordable Housing Plan for the
Project by Resolution Number 18304; and
WHEREAS, on November 19, 1996, the City approved a Master Tentative Map for the
Project by Resolution Number 18398-2 ("Project Tentative Map"). Condition number 106 of the Project's
Tentative Map requires that Developer enter into an affordable housing agreement with the City to
guarantee the construction and delivery of Iow and moderate income units in a timely manner; and
WHEREAS, to comply with this condition, the applicant, and Otay Ranch Company has
agreed to enter into an Affordable Housing Agreement for the Otay Ranch Planned Community for Council's
consideration and approval.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Affordable Housing Agreement related to Otay Ranch, a copy of which is on file in the
office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized
and directed to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Chris Salomone John M. Kaheny
Director of Community Development City Attorney
[(JPA:all) H:\HOME\COMMDEV'~ESOS~otay (December 9, 1997 (12:28pm)]
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
AFFORDABLE HOUSING AGREEMENT
This Affordable Housing Agreement ("Agreement") is made as of
, 199 , for the purpose of reference only and effective
as of the Date last executed by the parties, is made by and between
Otay Project LLC, a Delaware limited liability company and South
Bay Project, LLC, a Delaware limited liability company,
(collectively referred to herein as "Developer"), and the City of
Chula Vista, a California municipal corporation ("City"), with
reference to the following facts:
A. The City of Chula Vista Housing Element established the
City's "Affordable Housing Policy" which requires 10% of each
housing development of 50 or more units to be affordable to low and
moderate income households, with at least one half of those units
(5% of project total units) being designated for low income
households. (The Chula Vista Housing Element of the General Plan,
Page III-4.)
B. Developer owns 671 acres of that certain real property, as
shown on Exhibit "A", and located in the portion of the City of
Chula Vista (referred to herein as "Project"). The Project is more
particularly described in Exhibit "B" (Legal Description) which is
attached hereto and incorporated herein by this reference.
C. On October 28, 1993, the Chula Vista City Council and the
San Diego County Board of Supervisors, jointly adopted the Otay
Ranch General Development Plan/Subregional Plan for the Project, by
Resolution Number 17298, which required compliance with the City's
Housing Element of the General Plan.
D. On October 28, 1993, the Chula Vista City Council,
pursuant to Resolution No. 17298, and in accordance with the
California Environmental Quality Act ("CEQA") (Pub. Resources Code
Section 21000 et seq.), certified the Final Program Environmental
Impact Report for the GDP, SCH #9010154 ("Program EIR 90-01" or
"Program EIR") , made certain Findings of Fact, adopted a Mitigation
Monitoring and Reporting Program, and adopted a Statement of
Overriding Considerations.
1
E. In order to satisfy the Telegraph Canyon Estates GDP and
SPA requirements, an Affordable Housing Agreement must be provided
in conjunction with the first phase of the Otay Ranch development
within the City of Chula Vista, as set forth in Resolution No.
17737.
F. On June 4, 1996, the City approved the Otay Ranch
Sectional Planning Area Plan, including a Ranch-Wide Affordable
Housing Plan and SPA One Affordable Housing Plan for the Project by
Resolution Number 18304.
G. On November 19, 1996, the City approved a Master Tentative
Map for the Project by Resolution Number 18398-2 ("Project
Tentative Map"). Condition number 106 of the Project's Tentative
Map requires that Developer enter into an affordable housing
agreement.
H. On March 25, 1997, the City Council, pursuant to
Resolution 18613, approved the second portion of the Otay Ranch SPA
One Tract 96-04.
NOW THEREFORE, in consideration of the mutual promises
described herein, the parties agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of this
Agreement, the following terms shall mean:
a. "low income housing" means housing for a household of
persons who claim primary residency at the same unit with combined
incomes that do not exceed 80% of the area median income (adjusted
annually) based on household size. Household size is calculated by
the number of persons residing at the same unit as their primary
residency. HUD regulation 24CFR 813.106, as may be amended from
time to time, shall be used to calculate income.
b. "moderate income housing" means housing for a household
of persons who claim primary residency at the same unit with
combined incomes between 80% and 120% of the area median income
(adjusted annually) based on household size. Household size is
calculated by the number of persons residing at the same unit as
their primary residency. HUD regulation 24CFR 813.106, as may be
amended from time to time, shall be used to calculate income.
The range of income levels described in the above defined
terms may change from time to time in accordance with changes to
state and federal laws.
¢. "Developer's Obligation" means that the Developer is
obligated to provide 10% of the total number of residential units
constructed within the Project as low and moderate income housing,
with at least 5% consisting of low income housing units.
2
2. Duty to Build. Developer shall construct the total number of
low and moderate income housing units required by the Project in
accordance with the following:
a. Moderate income housing units. In order to satisfy
Developer's Obligation with regard to moderate income housing,
Developer agrees to construct five percent of the total number of
the Project's residential units as moderate income housing units.
Developer shall provide the City a biannual report documenting the
progress Developer has made toward meeting Developer's Obligation
for moderate income housing. Developer shall complete
construction of all of the Project's Moderate Income Housing Units
no later than the issuance of 90% of the residential building
permits for the Project.
b. Low income housing units. In order to satisfy Developer's
Obligation with regard to low income housing, Developer agrees to
construct low income housing units equal to five percent of the
total number of the Project's residential units provided however,
Developer may elect to construct more. Developer shall commence
construction of 50% of the total number of qualified low income
housing units required by the Project, on or before the issuance by
the City of the 1840th building permit for the Project ("Initial
Phase"). Developer shall thereafter diligently pursue completion
of construction of the Initial Phase with construction of the first
half of the Initial Phase to be completed no later than one year
from the date of commencement of construction of said units.
Thereafter, the second half of the Initial Phase shall be completed
no later than one year from the completion of the first half of the
Initial Phase. Developer shall commence construction of the
remaining number of qualified low income housing units required by
the Project, on or before the City's issuance of the 3000th
building permit for the Project ("Remaining Phase"). Developer
shall diligently pursue completion of construction of the Remaining
Phase with construction of the first half of the Remaining Phase to
be completed no later than one year from the date of commencement
of construction of said units. The second half of the Remaining
Phase shall be completed no later than one year from the completion
of the first half of the Remaining Phase. Commencement of
construction shall mean that a first inspection has been completed
by the City on the first low income housing unit Developer is
obligated to build in a particular Phase.
c. Completion of construction. For purposes of paragraph
2(a) and 2(b) of this Agreement, construction shall be considered
completed when final inspection of the low or moderate housing unit
has been completed and occupancy and utility clearances have been
signed off by the City.
d. Minor delays. The thresholds described herein for
commencing construction of low and moderate income housing units
3
are based upon the current phasing for the Project as shown on the
SPA One PFFP. City and Developer acknowledge that changes to the
Project may be required from time to time which could have a minor
or insubstantial impact on the timing of construction of the low or
moderate income housing units. Accordingly, changes to the Project
that could result in a delay of less than six months in the
construction of such units may, in the City's sole discretion, be
considered minor or insubstantial by the City's Community
Development Director and made without amendment to this Agreement.
All other changes shall require a written amendment to this
Agreement.
e. Project Level Agreement. Developer and City understand
and agree that the Ranch-Wide Affordable Housing Plan requires
project-level affordable housing agreements ("Project Level
Agreement") to be executed prior to the issuance of building
permits for each affordable housing project. These Project Level
Agreements shall include, but not be limited to, the provisions set
forth in page 16 of the Ranch-Wide Affordable Housing Plan.
f. Surplus Affordable Housing Units. If the Project
includes more Low Income Housing Units than 5% of the total amount
of dwelling units shown on the Project Tentative Map ("Surplus
Units"), Developer may, with the City's approval, be entitled to
obtain credit for any of the Surplus Units. The City's approval of
such credits shall be determined by the City at the project level
agreement stage and shall be governed by the criteria described
below In any event, the extent to which the Developer or other
party is entitled to credit by the City for the Surplus Units shall
be governed by the City's consideration of the criteria described
below and any other such criteria that may be agreed to by the
parties pursuant to the applicable Project Level Agreement. The
following criteria shall be considered by the City:
The Developer's contribution, if any, to the
Surplus Units;
The City's contribution, if any, to the Surplus
Units which may be subject to reimbursement;
Other public sector contribution, if any, to the
Surplus Units;
The level of affordability achieved by the
affordable housing project; and
The concentration of affordable housing units within
the neighborhood that the surplus units are planned.
Developer may either: 1) apply such credit against Developer's
obligation to provide Affordable Housing Units in developments
other than Tract #96-04 which are located within the City of Chula
4
Vista, or 2) convey the credit to another person or entity to be
used by that other person or entity against their obligation to
provided Affordable Housing Units in the City of Chula Vista.
g. Good faith Effort to Secure Financing. If the Developer
pursues financing mechanisms, such as state and federal subsidies,
for the development of low and moderate income housing, the City
agrees to use its good faith efforts to assist Developer in
obtaining such financing mechanisms.
h. Telegraph Canyon Estates Site. Prior to the approval of
the first final map after January 11, 2000, Developer shall grant
to the City in fee three (3) acres of buildable land, at a specific
location acceptable to the City, within Parcel R-19, R-15 or such
other parcel approved by the City within Village One. The site
shall be conveyed to the City free and clear of all encumbrances
and shall, at Developer's sole cost and expense, have been rough
graded with stubbed utilities provided at the site's boundary at
the time of conveyance to the City.
3. Duty to identify. Developer shall construct all of the
affordable housing units at a single site as described above other
than the Telegraph Canyon Estate site, or the units may be
distributed on more than one site as approved by the City.
4. Demand to Build. Notwithstanding the provisions of paragraph
2 of this Agreement, if the City reasonably believes that the
Developer will not reach the building permit thresholds described
in paragraph 2 (which would trigger the construction of the low
income housing units) or not complete construction of the moderate
income housing units, the City shall have the right to demand that
Developer construct a proportional amount of low and/or moderate
income housing units relative to the total number of residential
building permits that have been issued for the Project. The City
shall provide the Developer with the written demand to construct
the units within a reasonable period of time for the Developer to
commence construction of said units. Developer shall complete
construction of the low and/or moderate income housing units, as
required by this paragraph, within one year of the commencement of
construction of the units so demanded. The duty contained in this
paragraph is non-cumulative to the duty in paragraph 2 with the
City providing the Developer with the appropriate amount of credit
for completed construction.
5. Right to Withhold Permits. The City has the absolute and
unfettered right to withhold the issuance of any building permit
for any residential development within the Project if the Developer
is not in compliance with the terms and/or obligations of this
Agreement, excluding paragraph 6 of this Agreement.
6. Development Permits, Maps and Documents. Developer shall at
its sole expense, prepare and diligently process all permits,
5
agreements, plans, maps, affordability strategy and other
documents, including but not limited to, market strategy plans,
design development plan, and any amendments to the Project's
General Development Plan and Sectional Planning Area Plan that may
be necessary to meet the Developer's Obligation.
7. Subordination and Notice.
a. Subordination. Developer agrees to enter into
subordination agreements with all lienholders having any interest
in the Project to ensure that the provisions of this Agreement bind
such lienholders should they take title to all or part of the
property through quitclaim deed, sale, foreclosure or any other
means of transfer of property. Developer shall deliver to the City
the fully executed subordination agreements in a form reasonably
acceptable to the City Attorney and suitable for recording prior to
the City's approval of this Agreement.
b. Notice. Developer shall provide written notice of the
terms of this Agreement (which could be a copy of this Agreement)
to all purchasers and potential purchasers of real property within
the Project, excluding however, a buyer of an individual housing
unit.
8. Successors - Release.
a. 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 Property until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. City is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
c. Release of Lots. Each lot or parcel encumbered by this
Agreement may, in the City Manager's (or Manager's designee)
discretion, be automatically released from the encumbrance hereof
upon the issuance of a building permit in conformance with the
Tentative Map and/or Final "B" Map with respect to such lot or
parcel or upon the conveyance of any such lot or parcel to a
6
homeowner or homeowners association. The City Manager (or
Manager's designee) shall not withhold consent to such release so
long as the City Manager (or Manager's designee) in good faith
finds that the Developer is in compliance with the terms of this
Agreement and that such partial release will not jeopardize the
City's assurance that the obligations set forth in this Agreement
will be performed. In the event the City Manager (or Manager's
designee) agrees to the Release, at the request of Developer or any
successor in interest who owns any such lot or parcel, the City
Manager (or Manager's designee) shall execute an instrument drafted
by Developer in a recordable form acceptable to City Manager (or
Manager's designee) which confirms the release of such lot or
parcel from the encumbrance of this Agreement.
9. General Provisions.
a. Authority of Signatories. Each signatory and party
hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other
actions have been taken so as to enable it to enter into this
Agreement.
b. Counterparts. This Agreement may be executed in any
number of counterparts, each of which will be deemed to be an
original, but all of which together will constitute one instrument.
c. Applicable Law. This Agreement will be construed and
enforced in accordance with the laws of the State of California.
d. Modifications. No modification, waiver or discharge
of this Agreement will be valid unless the same is in writing and
signed by the parties to this Agreement.
e. Entire Agreement. This Agreement contains the entire
agreement between the parties relating to the transaction
contemplated hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written,
are merged herein.
f. Attorney's fees and costs. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
g. Exhibits. All exhibits referred to in this Agreement
are attached, and are a part of, this Agreement.
7
h. Captions. Captions in this Agreement are inserted
for convenience of reference only and do not define, describe or
limit the scope or the intent of this Agreement.
i. Recording. The parties hereto shall cause this
Agreement to be recorded in the official Records of the County of
San Diego.
j. No Third party Beneficiary. No claim as a third-
party beneficiary under this Agreement by any person, corporation
or any other entity, shall be made or be valid against City or
Developer.
k. Incorporation of Recitals. The recitals set forth
herein are part of this Agreement.
1. Assignment. The obligations of the Developer under
this Agreement shall not assigned in whole or apart, without the
express written consent of the City.
I&: \ Home\Att orney\Village. 4
8
SIGNATURE PAGE TO
AFFORDABLE HOUSING AGREEMENT
IN WITNESS WHEREOF, City and Developers have executed this
Agreement this day of , 199_.
CITY OF CHULA VISTA OTAY PROJECT, LLC, a
California limited liability
company
By: OTAY RANCH DEVELOPMENT,
Shirley Horton LLC, a Delaware limited
Mayor liability company,
managing member
Attest:
By:
Kim Kilkenny
Vice President
Beverly Authelet
City Clerk
SOUTH BAY PROJECT, LLC,
Approved as to form by a Delaware limited
liability company
By:
John M. Kaheny Harold Beral
City Attorney Its Member
Approved as to form by By:
David C. Green
Its Member
Attorney for Developers
H:\Home\Attorney\Village.5
9
SUPPLEMENTAL TO ITEM #8
COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 12116197
ITEM TITLE: RESOLUTION APPROViNg THE FIRST AMENDMENT TO THE
AFFORDABLE HOUSING AGREEMENT BETWEEN THE 0TAY RANCH COMPANY AND
THE CITY OF CHULA VISTA RELATED TO 0TAY RANCH SPA ONE PLAN AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
SUBMITTED BY: Community Development Director C ~''~'
REVIEWED BY: City Manager (415ths Vote: Yes__ NoX)
Subsequent to the completion of the staff report which was distributed to the City Council, representatives
of the Otay Project, LLC expressed their concern over the langua0e of paragraph 8(c) of the A0reement as
forwarded by staff. They requested that language be added to the Agreement that would permit the
automatic release of a particular parcel at the close of escrow to an individual homebuyer if such release
has not previously been done,
RECOMMENDATION: That Council adopt the resolution approving the First Amendment to the Affordable
Housing Agreement as modified herein.
DISCUSSION: Paragraph 5 of the original Agreement reads as follows:
5. Right to Withhold Permits. The City has the absolute and unfettered right to withhold the
issuance of any building permit for any residential development within the Project if the Developer
is not in compliance with the terms and/or obligations of this Agreement, excluding paragraph 6 of
this Agreement.
The language proposed to be added to the First Amendment to the Agreement is as follows:
(8) (c) Each lot or parcel encumbered by this Agreement may, in the City Manager's (or Manager's
designee) discretion, be automatically released from the encumbrance hereof upon the issuance of
a building permit in conformance with the Tentative Map and/or Final "B" Map with respect to such
lot or parcel or upon the conveyance of any such lot or parcel to a homeowner or homeowners
association. The City Manager (or Manager's designee) shall not withhold consent to such release
so long as the City Manager (or Manager's designee) in good faith finds that the Developer is in
compliance with the terms of this Agreement and that such partial release will not jeopardize the
City's assurance that the obligations set forth in this Agreement will be performed.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any
Page 2, Item 8
Meeting Date 12116/97
lot or parcel encumbered by this Agreement, such lot or parcel shall he automatically
released from the encumbrance hereof, in the event the City Manager (or Manager's designee)
agrees to the Release, or escrow closes on any individual homeowner's lot or parcel, at the
request of Developer of any successor in interest who owns any such lot or parcel, the City
Manager (or Manager designee) shall execute an instrument drafted by Developer in a recordable
form acceptable to City Manager (or Manager's designee) which confirms the release of such lot
or parcel from the encumbrance of this Agreement.
Based on the fact that the City has the right to withhold building permits if the developer has not complied
with the terms of the Agreement and that the developer has put up bonds to ensure the work, staff believes
that the addition on the language as requested by Otay Project, LLC does not impact the City's ability to
enforce the Agreement. Therefore, staff recommends that approval of the Agreement as requested to be
amended by the Otay Project, LLC.
FISCAL IMPACT: This action presents no change to the fiscal impact given in the original agenda
statement.
(JA:ah) H:IHOME~COMMDEV~STAFF.REP~12,16,971HOUAGRE [December 16, 1997 (4:59pm)]
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 1~11§197
ITEM TITLE: RESOLUTION J~r~'"'~'/~' APPROVING AN INTEGRATED SERVICE
AGREEMENT lISA] WITH PARTNERS OF THE SOUTH COUNTY CAREER
CENTER OF THE SAN DIEGO CAREER CENTER NETWORK AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
SUBMITTED BY: Community Development Directo~ ~,~ ·
REVIEWED BY: CityManager.~:~ ~)~'~~/'~ (415thsVote: YeL NoX)
BACKGROUND:
In December 1996, Council directed staff to: 1] assist the Workforce Employers Service Center [WESC] to
secure a new facility for offering centralized employment services; and 2] prepare an MOU for cooperative
employer assistance efforts in conjunction with the WESC. The entity calling itself WESC [and subsequently
WERC] has disbanded and is no longer seeking a new facility. The intent of the WESC project - cooperative
employer and employee assistance efforts - is now being pursued via the South County Career Center
[SCCC]. SCCC is located in Chula Vista and is one of six centers in the San Diego Career Center Network;
a network of one-stop career direction, job training and business assistance centers developed and
coordinated by the San Diego Workforce Partnership, Inc. [formerly the San Diego Consortium and Private
Industry Council, or PIC]. SCCC members are identified in Attachment 2.
A subcommittee of the existing SCCC Advisory Committee has spent several months developing an Integrated
Service Agreement lISA] which will serve as the basis of a governance structure for the varied partners of
the South County Career Center. Community Development staff served on this subcommittee. The proposed
ISA was approved by the existing SCCC Advisory Committee on December 5, 1997. The primary
administrative body and funding source for SCCC activities, The Workforce Partnership IRC., has completed
their final review and the ISA is being presented to the various partners' boards or administrative bodies
during the month of December for formal approval.
Currently, the City of Chula Vista takes an uncommonly active role in the SCCC. Community Development
Department staff refer employers to the career center for workforce-related services and provide business
development services to companies referred by the career center to the city. Staff works with the SCCC
to insure that centralized employment services for employers [as well as employees] are available in a 'one-
stop', integrated manner and that the needs of the business community are adequately addressed. In
addition, for the past two years, Chula Vista has partially funded an on-site position through the City's
Community Development Block Grant program. Each of the years, the City has provided a $16,000 CDBG
grant to SCCC for a job developer to work specifically with Chula Vista clients. Staff compiled the Chula
Page 2, Item __
Meeting Date 12116197
Vista Workforce Development Resource Guide with the assistance of representatives from the SCCC who
also served on the City's Workforce Development Team during its operation. The City also co-sponsored
a SCCC Career Fair at City Hall in October of this year. The Career Fair had a very successful first year,
drawing over 75 employers and 1500-2000 job seekers. The ISA provides for the City to continue in this
active partnership with SCCC. There is no fiscal obligation beyond existing staff support.
RECOMMENDATION: That City Council adopt the resolution approving the Integrated Service Agreement
with the partners of the South County Career Center; and authorize the Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BACKGROUND
In August 1996, an information memorandum was submitted to Council discussing a proposed workforce
development collaborative known as the Workforce and Employers Service Center [WESC]. City Economic
Development staff participated in the informal WESC group and its planning efforts. Staff assisted the
group to evaluate the feasibility of co-locating WESC with the BECA incubator in the former Rohr
Headquarters building. By December of that year, the Rohr facility was determined to be economically
infeasible and Council directed staff to: 1] continue to assist the Workforce Employers Service Center
[WESC] to secure a new facility for offering centralized employment services; and 2] prepare an MOU with
WESC for cooperative employer assistance efforts.
Early in 1997, the focus of the WESC/WERC project changed. Originally, the WESC group was formed in
anticipation of receiving new state and federal funding from sources other than the existing Job Training
Partnership Act [JTPA] which funds the Workforce Partnership Inc. (formerly the San Diego Consortium and
Private Industry Council). The WESC members intended to create a new non-profit, one stop center for
employer/employee services. A WESC SubCommittee was charged with developing an extensive MOU that
would address shared responsibility for these shared funds. For the most part, new lundin9 sources have
not yet materialized [although it is still expected that additional funding sources will eventually be available[.
Due to concerns regarding this delay in funding, the WESC/WERC consensus was to discard their plan to
establish a new non-profit entity and location, and instead, to focus their centralization efforts on the
existin9 South County Career Center (SCCC).
Earlier this year, it was agreed to develop an integrated service agreement [ISA] that expands the existing
SCCC and refines the relationship between the SCCC partners and the SCCC manager, Workforce
Partnership, Inc [formerly the PIC]. The proposed ISA makes no significant changes in operation. However,
it is hoped that this new agreement will lay the groundwork for the Career Center's eventual evolution into
a State of California One-Stop Career Center. [One-Stop centers must operate under special Department of
Labor regulations related to integrated, centralized employment services in order to be eligible for new state
and federal funding].
Page 3, Item __
Meeting Date 12116197
ISA PROVISIONS
Generally, this agreement establishes an organization structure for management of SCCC activities, outlines
the roles and responsibilities of partners, and coordinates various operational elements. The City of Chula
Vista will be represented by staff on the SCCC Partners Advisory Committee [PAC], which includes all SCCC
partners (see Attachment 2) and is envisioned as an information networking body also charged with guiding
the Center's goals. Eventually it is hoped that the PAC will be composed of a representative from each
organization involved in workforce development in South County.
As the only actively participating municipality, the Chula Vista staff representative will be appointed by the
PAC to serve on the Executive Committee, the Center's policy and procedures-making body. Proposed
Executive Committee composition is identified in Attachment 3. As other municipalities invest resources in
and become active in Center operations, they will be eligible for this appointment as well. It is anticipated
that eventually the municipal representative on the Executive Committee will rotate among eligible local
government partners based on the vote of the PAC.
FISCAL IMPACT: Approval of the ISA would result in no direct fiscal impact. It would, however, require
ongoing Community Development Department staff support. Approval of the ISA does not commit the City
to provide further CDBG funds to the Center.
ATTACHMENT 1 - South County Career Center Partners
2 - Integrated Service Agreement for the South County Career Center of the San Diego
Career Center Network
3 - Executive Committee Composition
(DRM) H;/HOME~C0MMDEVISTAFF.REPI12-16-97/$CCC_ISA.WPD [December I0, 1997 (2:06pm)]
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN INTEGRATED SERVICE AGREEMENT
WITH PARTNERS OF THE SOUTH COUNTY CAREER CENTER
OF THE SAN DIEGO CAREER CENTER NETWORK AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
WHEREAS, the City of Chula Vista has a history of strong support for local and
regional workforce development efforts; and
WHEREAS, in December 1996, Council directed staff to: 1) assist the Workforce
and Employers' Service Center (WESC) to secure a new facility for offering centralized employment
services; and 2) prepare an MOU for cooperative employer assistance efforts in conjunction with
the WESC; and
WHEREAS, the entity calling itself WESC (and subsequently Workforce and
Employers' Regional Center [WERC]) has disbanded and is no longer looking for a new facility; and
WHEREAS, the intent of the WESC [WERC] project of developing cooperative
employer and employee assistance is now being pursued via the South County Career Center
[SCCC]; and
WHEREAS, on September 12, 1997, the SCCC Advisory Committee approved a
proposed Integrated Service Agreement (ISA) which will serve as the basis of a governance
structure for the varied partners of the South County Career Center; and
WHEREAS, the ISA provides for the City to continue in an active partnership with
SCCC in terms of linking SCCC services to local employers.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Integrated Service Agreement with the partners of the South County
Career Center of the San Diego Career Center Network; and.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form
Chris Salomone ~/John"M,,Kahe~'y
Director of Community Development City Affo~ ey --
[(DRM) H:~-tOME\COMMDEV~RESOS\SCCC (December 3, 1997 (3:29pm)]
A'TI'ACHMENT '1
SOUTH COUNTY CAREER CENTER
Partners
SCCC partners include:
City of Chula Vista
Chula Vista Chamber of Commerce
Consumer Credit Counselors of San Diego
State of California Employment Development Department
Labor's Community Service Agency
San Diego Job Corps Center
Social Security Administration
Southwestern Community College District
Vietnam Veterans of San Diego
California Department of Rehabilitation
Chula Vista Coordinating Council
Comprehensive Training Systems, Inc.
County of San Diego Health and Human Services Agency
Episcopal Community Services
MAAC Project
San Diego Workforce Partnership, Inc.
South County Economic Development Council
Sweetwater Union High School District
ATFACHMENT 2
South County Career Center
CAREER
Chula Vista, CA 91911
CENTER (619) 424.1112
INTEGRATED SERVICE AGREEMENT
for the
South County Career Center
of the
SAN DIEGO CAREER CENTER NETWORK
INTRODUCTION
The South County Career Center (SCCC) is one of six centers in the San Diego Career Center Network, a
network of one-stop career direction, job training and business assistance centers developed and
coordinated by San Diego Workforce Parmership, Inc.
CAREER CENTER NETWORK MISSION STATEMENT
To provide a job training system that ensures a skilled, productive workforce to support a healthy
economy throughout San Diego County.
SOUTH COUNTY CAREER CENTER
MISSION STATEMENT
The mission of the South County Career Center is to provide integrated career direction, training and
placement assistance to South County residents as well as to provide comprehensive recruitment,
workforce development and business assistance services to area employers.
CUSTOMERS
The customers of SCCC include:
South County Residents in need of South County Businesses in need of
· career planning/counseling · recruitment assistance
· job search assistance · layoff/rightsizing/facility closure preparation
· job placement · staff training and development
· training/skills upgrading/education · economic development assistance
· financial counseling · applicant pre-screening
· selected financial assistance · access to job ready applicants
· selected support services · trained applicants
· labor market information * labor market information
12/10/97 ~ ISADRFT5
SOUTH COUNTY CAREER CENTER PARTNER NETWORK
The services provided are the result of a partnership between a variety of local community organizations,
including public and private educational institutions, governmental organizations and private industry.
The SCCC Partner Network includes:
Chula Vista Chamber of Commerce California Department of Rehabilitation
City of Chula Vista Chula Vista Coordinating Council
Consumer Credit Counselors of San Diego Comprehensive Training Systems, Inc.
Employment Development Department County of San Diego Health & Human Services Agency
Labor's Community Service Agency Episcopal Community Services
San Diego Job Corps Center MAAC Project
Social Security Administration San Diego Workforce Partnership, Inc.
Southwestern Community College District South County Economic Development Council
Vietnam Veterans of San Diego Sweetwater Union High School District
SERVICES and RESOURCES
Partners of the South County Career Center provide a variety of services and resources, including, but
not limited to, the following:
Assessment Orientation Services
Referral to Services Program Eligibility and Certification
Work Experience Career Counseling/Planning
Job Search Assistance Professional Networking Group
Case Management Classroom Training/Education
Job Development On-the-Job Training
Financial Counseling/Debt Management Entrepreneurial Training
Financial Assistance Job Match
55+ Worker Assistance Employer Services
Resource Library Economic Development Services
Business Assistance Programs Labor Market Information
Computer Laboratory Telephone Room
Senior Community Service Employment Program
OPERATIONAL ELEMENTS AND STAFFING
Staff
Each SCCC partner provides staff as needed to assist in achieving individual performance goals as well
as common SCCC goals. Staff members of the SCCC are the respective employees of each
partner/contractor, operating under the employing partner personnel policies and procedures, but are
brought together to provide customers with the highest degree of customer service for the broadest range
of related services.
12/10/97 1SADRFT5
Staff at the South County Career Center includes, but is not limited to, representatives from the following
partners/contractors:
Comprehensive Training Systems, Inc. Labor's Community Service Agency
Consumer Credit Counselors of San Diego San Diego Workforce Partnership, Inc.
County of San Diego Health & Human Southwestern Community College District
Services Agency Sweetwater Union High School District
Employment Development Department Vietnam Veterans of San Diego
GOVERNANCE, MANAGEMENT AND STAFFING
San Diego Career Center Network
San Diego Workforce Partnership, Inc. provides policy and direction for the San Diego Career Center
Network which includes the SCCC.
Network Advisory Board (when chartered)
The Network Advisory Board (NAB), made up of a management member from each career center,
provides input on governance for all the career centers in the network. The South County Career
Center's Advisory Committee will appoint a representative when this body is chartered.
South County Career Center Partners' Advisory Committee (PAC)
The SCCC Partners' Advisory Committee (PAC) consists ora representative from each of the SCCC
partners, including those Offering services on-site as well as community service providers,
representatives from local businesses and economic development organizations. The PAC provides
guidance and consultation for the establishment, implementation, and evaluation of goals and objectives
that support the Center's mission. The PAC will provide for a process to determine the appointment and
term of office ofa PAC Chairperson. The PAC meets at least quarterly.
An Executive Committee will be appointed by the PAC to develop policy and provide direction for the
implementation of the mission and evaluation of the Center's performance. The Executive Committee
will be chaired by the PAC Chairperson. The Executive Committee will meet at least monthly.
The Executive Committee consists of from nine (9) to thirteen (13) members. The PAC will consider the
following criteria in appointing members to the Executive Committee:
· Investment of resources in the Center, e.g., rent, equipment, and/or non-JTPA staff in the Center;
· Active collaboration with the Center in providing services on and off-site; and
· The proportion of appointed members from the education, training, employment, business, or local
government sectors will reflect the needs of the PAC and the customers served.
At a minimum, the Executive Committee will include:
· 1 representative from Sweetwater Union High School District
· 1 representative from Southwestern College
· 1 representative from Employment Development Department
· I representative from County of San Diego Health & Human Services Agency
· 1 representative from San Diego Workforce Partnership, Inc.
· 2 representatives from Community Based Organizations
· 1 representative from Economic Development Council
· 1 representative from a municipality
12/10/97 ~3~ ISADRFT5
The Executive Committee:
· determines goals and objectives that support the SCCC's mission;
· develops policies for the implementation and operation of the Center's programs and
activities;
· establishes quality standards for Center operations;
· monitors progress towards the Center's goals and objectives; and
· coordinates resource-sharing among the Center's partners;
· develops and expands funding for the Center.
Operations Committee
The South County Career Center Operations Committee resolves issues arising from the day-to-day
operations of the SCCC.
The SCCC Operations Committee consists of a staff member from each on-site SCCC partner/contractor
and is chaired by the SCCC Manager.
This committee meets on an as needed basis, not less than once each quarter.
Center Manager
The South County Career Center Manager, receives administrative support and guidance from of the San
Diego Workforce Partnership, Inc. Daily operations of the SCCC are overseen by the Career Center
Manager.
The Manager:
· provides coordination between San Diego Workforce Partnership, Inc. and the SCCC
partners/contractors;
· provides coordination between the Center and the PAC through attendance, as a nonvoting,
ex- officio member, at the PAC and Executive Committee;
· Informs SCCC partners/contractors of proposed programs and modifications to existing
programs; coordinates yearly program design review process;
· Implements decisions of the SCCC Partners Executive Committee;
· Acts as liaison between area employers and the SCCC;
· Oversees related programs/services such as job fairs, employer meetings and various other
SCCC activities; and
· Insures and maintains a safe and healthy work environment.
HOLD HARMLESS AGREEMENT
Each part hereto agrees to indemnify and hold harmless the other parties and their officials,
officers and employees against any claims, losses, liabilities or costs (including attorney fees)
arising or alleged to arise out of its acts or omissions and those of its officers, agents or
employees in their performance of their assigned tasks under this Agreement
12/10/97 4 ISADRFT5
POLICIES & PROCEDURES DOCUMENTS
General operating policies and procedures will be approved by the Center lease holder and Center
Executive Committee as appropriate.
IMPLEMENTATION
This Integrated Service Agreement is effective < >, 1998 and shall remain in effect until modified
by a majority decision of the Partners Executive Committee. Modification of this agreement can be
proposed by the Partners' Advisory Committee. Any modification will be enacted by attachment of an
addendum to this agreement.
Apart from contractual commitments (leases, etc.), major stakeholder withdrawal from this agreement
requires 30 days written notice from the withdrawing member to all remaining Partners Executive Board
members.
12/10/97 5 ISADRFT5
SIGNATURES
California Department (Date) Chula Vista Chamber (Date)
of Rehabilitation of Commeme
Chula Vista Coordinating (Date) City of Chula Vista (Date)
Council
Comprehensive Training (Date) Consumer Credit Counselors (Date)
Systems, Inc. of San Diego and Imperial Counties
County of San Diego Health (Date) Employment Development (Date)
& Human Services Agency Department
Episcopal Community (Date) Labor's Community (Date)
Services Service Agency
Metropolitan Area Advisory (Date) San Diego Job Corps (Date)
Committee Project
San Diego Workforce (Date) Social Security (Date)
Partnership, Inc. Administration
South County Economic (Date) Southwestern Community (Date)
Development Council College District
Sweetwater Union High (Date) Vietnam Veterans (Date)
School District of San Diego
12/I 0/97 6 ISADRFT5
ATrACHMENT 3
South County Career Center
Executive Committee Composition
The Executive Committee consists of from nine [9] to thirteen [13] members. The PAC will
consider the following criteria in appointing the Executive Committee:
· Investment of resources in the Center, e.g. rent, equipment, and/or non-JTPA staff
in the Center;
· Active collaboration with the Center in providing services on and off-site; and
The proportion of appointed members from the education, training, employment,
business or local government sectors will reflect the needs of the PAC and the
customers served.
At a minimum, the Executive Committee will include:
· 1 representative from Sweetwater Union High School District
· 1 representative from Southwestern College
1 representative from Employment Development Department
· 1 representative from County of San Diego Health & Human Services Agency
· 1 representative from San Diego Workforce Partnership, Inc.
· 2 representatives from community-based organizations
· 1 representative from South County Economic Development Council
· 1 representative from a municipality
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 12/16/97
ITEM TITLE: Resolution /~pprowng Otay Ranch Village One Master Plan for
Neighborhood Park (P-l)
SUBMITTED BY: Director of Parks, Recreation, and Open Spac~-'[~
REVIEWED BY: City Manage~,~,~ ~)~ ~ (4/Sths Vote: Yes _ No ~X )
The intent of this report is to present the MasteC~Plan for the Park to Council for approval. The Otay
Ranch Village Neighborhood Park (P-l) is approximately 11 acres located adjacent to the Village
core with major promenades and paseos in Village One, terminating at the park site (Attachment A).
Village One is in the eastern territory of the City of Chula Vista. The Neighborhood Park's
designation of P-1 will eventually change once the park is officially named and dedicated.
RECOMMENDATION: That the Council approve the resolution approving the Park Master Plan for
the Otay Ranch Village One Neighborhood Park.
BOARD/COMMISSION RECOMMENDATION: At their meeting of November 20, 1997, the Parks
and Recreation Commission voted unanimously (7-0-0) to accept the P-1 Park Master Plan.
(Minutes, Attachment B.) At their meeting of December 9, 1997, the Cultural Arts Commission did
not have a quorum. Staff will present a specific plan of the arts facility to the Cultural Arts
Commission once it is developed. This plan will also be presented to the Council for approval
DISCUSSION:
The Otay Ranch development plan combines many of the ideals of the new urbanism, yet maintains
the qualities of traditional contemporary community planning.
The development plan is based on a village concept, wherein each village contains a central core
focus - either a village square or a main street. The Village One core identity is based on a
traditional "main street" theme which is centrally located and includes higher density residential, an
elementary school, a neighborhood park, commercial uses, and community purpose facility uses.
This is a unique opportunity to have a neighborhood park associated with a retail center, higher
density housing, and an elementary school, all within walking distance of the majority of residences
in the community.
The Otay Ranch Village One Neighborhood Park is designed to become the primary village
gathering place, complementing the retail space to the south and multi-family residential
development and elementary school to the north. A central focus of the park will be the Village
Main Street linkage. Light rail transit service and adjacent parking provide convenient access to the
site, making this park a predominate facility for the Village One core area. The adjacent school site
provides for joint use opportunities with this park. School District staff have expressed interest in
this joint-use prospect.
[H:lHomelParks~ec~a1131P.1park]
Item:
Meeting Date: 12/'16/97
The design team met with the City to review the many alternative designs that had been developed.
Seven park concepts evolved and were eventually narrowed down to three Park Concept Plans.
The three concept plans were presented to the executive committee, comprised of City Manager's
staff and Department directors. At that time, the design team was directed to develop a Park
Master Plan that merged ideas from the three plans presented. The design team formulated a
single park master plan that was supported by the executive team. Following this staff review, the
plan was presented to the Parks & Recreation Commission. The Commission expressed support
for the plan and had advised the City Council to approve the P-1 Park Master Plan.
Park Master Plan
This 11-acre neighborhood park has major facilities oriented to the primary Village Entry Street (East
Palomar Street) and related to the retail uses and the future trolley stop. Additionally, the park
design provides for easy pedestrian access from the radial neighborhood promenade street, the
pedestrian "paseo," and at the corners of the park.
The theme for this park is derived from the recent and historical use of the land and is consistent
with the overall theme and character of the Otay Ranch. The early California Ranch theme forms
the basis of the park layout and design, utilizing the architecture, informal plan arrangement and
landscape elements of a ranch or farm.
The park design is focused on a central "farmyard" space that can be used for a variety of outdoor
activities. The Community Arts Center, and Aquatic Center are arranged around the edge of the
farmyard. The pedestrian linkage between this space and the trolley station, and the retail center
to the south is strengthened through enhanced paving and strong vertical landscaping. The Aquatic
Center includes a 25-yard swimming pool and a separate wading pool. A turf amphitheater is
designed to accommodate 150-200 people in lawn chairs or on blankets and functionally relates to
the Community Arts Center building. A central open turf area is approximately 220' by 320' and is
intended for flexible uses, such as soccer games and large public gatherings. A large children's
play area is planned near the Community Arts Center building. A pond is included within the park
as both a visual and functional amenity. Multiple picnic areas, designed to accommodate both small
and large groups, are distributed throughout the park. Lighted outdoor courts for basketball and
other hardcourt games are also included in the park.
Parking is primarily off-site on the adjacent streets, accommodating approximately 140 cars. Two
small parking lots provide handicap parking and spaces for loading and unloading passengers. A
half-mile jogging and strolling trail meanders through and around the park. Landform mounding
within the park mimics the nearby rolling hills and mountain peaks and separates uses, while
providing topographical relief.
Statement of Need
The Otay Ranch P-1 Park will meet the City's Growth Management threshold and Park Acquisition
and Development Standard for neighborhood parks. In order to meet the Community Park
Threshold, the developer is required to deposit, as security, Community Park Acquisition and
[H:~Home~Parksrec~l 1 $~P-1 park]
Item:
Meeting Date: 12/16/97
Development Fees into a restricted account. In the next Sectional Planning Area of the Otay Ranch
Company's development, the developer is required to construct the Community Park. The
Community Park will be of sufficient size and location to accommodate intensely active recreation
facilities such as night-lighted athletic facilities.
With respect to the active components of the neighborhood park, the junior olympic size swimming
pool will meet an aquatic need in the City. The City's swimming pool standard is one pool for every
20,000 residents. The City currently has two municipal swimming pools. Once the YMCA
constructs their pools, it will bring a total of four pools that are open to the general public. A
swimming pool within the Otay Ranch will meet the population demand generated in Villages One
and Five of the Ranch.
On the subject of the multipurpose Arts Center, the General Development Plan for the Otay Ranch
called for an Arts Center within this village. The Arts Center concept was generated by the citizen
committee for the Otay Ranch Development. Staff envisions a multipurpose facility that offers a
variety of arts services, including but not limited to visual arts, sculpture, ceramics, performing arts,
and literature. The non-profit arts group, The Friends of the Arts, has reviewed this arts concept
and are in full support.
The potential impact of a neighborhood park was analyzed in the Environmental Impact Report and
the plan was found to be in compliance.
FISCAL IMPACT: Village Development will construct the turnkey park and provide for a one year
maintenance period at an estimated total of $3,900,000. The developer will receive PAD credits for
approval expenditures. The Department estimates ongoing yearly maintenance costs of $88,000
beginning in FY 99-00. The cost of maintenance and operation of the facility would be absorbed
by the City.
Attachments: A: Site Map
B: Minutes, Parks & Recreation Commission, November 20, 1997 (Excerpt)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING OTAY RANCH VILLAGE ONE
MASTER PLAN FOR NEIGHBORHOOD PARK (P-l)
WHEREAS, the Otay Ranch Village Neighborhood Park (P-l)
is approximately 11 acres located adjacent to the Village core with
major promenades and paseos in Village One, terminating at the park
site; and
WHEREAS, Village One is in the eastern territory of the
City of Chula Vista and the Neighborhood Park's designation of P-1
will eventually change once the park is officially named and
dedicated; and
WHEREAS, the theme for this park is derived from the
recent and historical use of the land and is consistent with the
overall theme and character of the Otay Ranch: and
WHEREAS, the park design is focused on a central
"farmyard" space that can be used for a variety of outdoor
activities; and
WHEREAS, the Otay Ranch P-1 Park will meet the City's
Growth Management threshold and Park Acquisition and Development
Standard for neighborhood parks; and
WHEREAS, the Environmental Review Coordinator has
determined that the potential impact of a neighborhood park was
analyzed in Environmental Impact Report No. FEIR 95-01 and the plan
was found to be in compliance; and
WHEREAS, at its November 20, 1997 meeting, the Parks and
Recreation Commission voted unanimously (7-0-0) to accept the P-1
Master Plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve Otay Ranch Village One
Master Plan for Neighborhood Park (P-l).
Presented by Approved as to form by
Jess Valenzuela, Director of John M. Kaheny, CityVAttorney
Parks, Recreation and Open Space
COUNCIL AGENDA STATEMENT
Item: ~JT~
Meeting Oate:
ITEM TITLE: Resolution /~:~ /J ~'~ Authorizing the acceptance ora Community
Alternative Activities Project (CAAP) grant from the San Diego County Office
of Education FY 97/98; Appropriating $9,000 to the Grant Fund (290-2902)
from unanticipated grant revenue for the expenditure and reimbursement of
said City funding for implementation of the .~.AP
SUBMITTED BY: Director of Parks, RecreatiOn and Open Spa~
Ci~Manage~ ~~ (4/SthsVote: Yes~ No_)
REVIEWED
BY:
In FY 96/97, the San Diego Coun~ Office o~ducati~n contacted the Parks, Recreation and Open
Space Depadment to pa~icipate in the C~P. On Janua~ 28, 1997, the Ci~ Council adopted the
resolution accepting and appropriating the $9,000 in grant funds. The project promoted
collaboration among schools, communi~-based organizations and other youth-se~ing agencies to
prevent alcohol and drug use by school age youth. The C~P grant allowed the Parks, Recreation
and Open Space Department to set up an afferschool mentor program for middle school age youth.
FY 96/97 was the first year for the grant.
Because the first year's program was successful, the San Diego Coun~ Office of Education has
proposed to e~end the C~P grant for a second year for FY 97/98. The San Diego County Office
of Education has authorized $9,000 in financial assistance to continue the a~erschool program for
middle-school age youth at Chula Vista Junior High School. The City, in collaboration with the
Universi~ of California Cooperative E~ension - San Diego Coun~ 4-H Youth Education Foundation
and Chula Vista Junior High School, would continue the C~P, Chula Vista After School Activities
Program.
STAFF RECOMMENDATION: That the City Council adopt the Resolution authorizing the
acceptance of a grant from the San Diego Coun~ Office of Education for FY 97/98; and
appropriating $9,000 to the Grant Fund (290-2902) from unanticipated grant revenue for the
expenditure and reimbursement of said Ci~ funding for implementation of the C~P.
BOARDS/COMMISSIONS RECOMMENDATION: N/A.
DISCUSSION: The C~P Program began in San Diego with the first of throe projects funded
through the Coun~ Depa~ment of Health Alcohol and Drug Se~ices with FY 94/95 allocations. The
San Diego Coun~ Office of Education administrates and allocates these funds. Project sites now
include: The Lemon Grove Project, Friends of Jamul School, Social Advocates for Youth (SAY),
Study Buddy Project and the Chula Vista ASAP Mentors Project.
C~P promotes collaboration among schools, community-based organizations and other youth-
serving agencies to prevent alcohol, tobacco and other drug use by school age youth. The focus
of the program is to collaborate with local agencies to provide positive and supe~ised activities for
school-age children during non-school hours. The C~P project, in conjunction with the City of
Chula Vista Parks, Recreation and Open Space Depa~ment, would continue to involve youth in
ongoing, meaningful, decision-making roles regarding the program and activities design; use cultural
[H:\home\parl~ree\a I 13\caap978 - 12-03-97] ~1
Item:
Meeting Date:
and language-relevant resources; and engage parents/guardians in planning and ongoing
involvement.
The first year of the program was primarily spent in building the program through participation. The
program recruited 10 junior high students during the last three months of the school-year. These
students were given leadership, science, health and nutrition training by staff of the San Diego
County 4-H Youth Education Foundation. This prepared them for their role as a positive role model
or mentor for the elementary students. The junior high students lead groups of two to four children
through various activities. These included: a worm hunt, soil pH, trying new foods, planting
marigolds and watching worms grow. In all, the program reached 45 elementary students involved
with the Department's Afterschool Playground Program.
For the second year of the program in FY 97/98, the Chula Vista Parks, Recreation and Open
Space Depadment, in collaboration with the University of California Cooperative Extension - San
Diego County 4-H Youth Education Foundation and Chula Vista Junior High School, would continue
the CAAP herein called (::;hula Vista Afterschool Activities Program (ASAP) Mentors.
The project would continue to recruit and train Chula Vista Junior High School youth to lead after
school science and health activities for elementary school youth in Vista Square Elementary
School's afterschool program. Staff from the partner agencies would recruit, mentor and supervise
the teens as they carry out the activities.
Teams of two to three teens would conduct each activity. Staff proposes to recruit 30 teens
throughout the school year. Efforts would be made to recruit high risk youth through the Junior High
Student Assistance Teams and the YMCA PRYDE Program. Activities would be provided one day
a week.
The City's Human Services Coordinator would again serve as the project manager, and would be
responsible for completing and submitting the required reports to the San Diego County Office of
Education. Funds would be disbursed to the appropriate partner agency upon receipt of appropriate
expense documentation. Payments are to be made based on clear expectations and performance
according to the agreement submitted to the San Diego County Office of Education.
FISCAL IMPACT: The City has been awarded a $9,000 grant from the San Diego County Office
of Education's CAAP for FY 97198. These funds would be deposited into a grant account, San
Diego County Office of Education Grant (290-2902). The Human Services Coordinator would work
approximately 3% or five (5) hours per month on the project (July 1, 1997 through June 30, 1998).
The City would contribute, in-kind, the salary and benefits of the Human Services Coordinator, at
an estimated cost of $1,500 for the grant period. Excepting the in-kind contribution, City General
Funds would not be required for this program.
Attachments: A - Agreement
B- Budget- FY 97~98 ~l~OT
C- Project Proposal
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ACCEPTANCE OF A
COMMUNITY ALTERNATIVE ACTIVITIES PROJECT GRANT
FROM THE SAN DIEGO COUNTY OFFICE OF EDUCATION
FY 97/98; APPROPRIATING $9,000 TO THE GRANT
FUND (290-2902) FROM UNANTICIPATED GRANT
REVENUE FOR THE EXPENDITURE AND REIMBURSEMENT
OF SAID CITY FUNDING FOR IMPLEMENTATION OF THE
COMMUNITY ALTERNATIVE ACTIVITIES PROJECT
WHEREAS, in FY 96/97, the San Diego County Office of
Education contacted the Parks, Recreation and Open Space Department
to participate in the Community Alternative Activities Project; and
WHEREAS, on January 28, 1997, the city Council adopted
the resolution accepting and appropriating the $9,000 in grant
funds; and
WHEREAS, said project promoted collaboration among
schools, community-based organizations and other youth-serving
agencies to prevent alcohol and drug use by school age youth; and
WHEREAS, the Community Alternative Activity Project grant
allowed the Parks, Recreation and Open Space Department to set up
an afterschool mentor program for middle school age youth with FY
96/97 being the first year for the grant; and
WHEREAS, because the first year's program was successful,
the San Diego County Office of Education has proposed to extend the
Community Alternative Activities Project grant for a second year
for FY 97/98; and
WHEREAS, the San Diego County Office of Education has
authorized $9,000 in financial assistance to continue the after
school program for middle-school age youth at Chula Vista Junior
High School; and
WHEREAS, the City, in collaboration with the University
of California Cooperative Extension - San Diego County 4-H Youth
Education Foundation and Chula Vista Junior High School, would
continue the Community Alternative Activities Project, Chula Vista
After School Activities Program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the acceptance of a
Community Alternative Activities Project grant from the San Diego
County office of Education FY 97/98.
1
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $9,000 to the Grant Fund (290-2902) from unanticipated
grant revenue for the expenditure and reimbursement of said City
funding for implementation of the Community Alternative Activities
Project.
Presented by Approved as to form by
Jess Valenzuela, Director of o M~. Ka~he y, '~
Parks, Recreation and Open Space Y
2
ATTACHMENT A
Memorandum of Understanding
between
Chula Vista ASAP Mentors
and
The San Diego County Superintendent of Schools
Financial Arrangements
The Chula Vista ASAP Mentors is designated as an implementation contractor for the Community Alternative Activities Program
(C.A.A.P.) and will receive total funding in the amount of $9,000 for the implementation of designated objectives from the
submitted approved Work Plan. Funding wilI be disbursed four times during the contract year. Each payment will be disbursed
upon the receipt of an approved quarterly report. The first payment is also contingent upon the receipt of the signed M.O.U., a
copy of the certificate of insurance, a preliminary budget, and a copy of the annual Work Plato Contractors will submit quarterly
reports prior to disbursement by the San Diego County Office of Education.
Implementation Tasks and Services to be Performed
It is expressly understood that at all times while rendering the services described herein and in complying with any terms and
conditions of this agreement or regulations of the San Diego county Superintendent of Schools, the school and/or providers are
acting as an independent contractor and not as an officer, agent, or employee of the San Diego county Office of Education.
This Memorandum of understanding is entered into by the Chula Vista ASAP Mentors and the San Diego County Superintendent
of Schools for the purpose of jointly sponsoring the Community Alternative Activities Program. This agreement shall be effective
during the grant period (July 1, 1997 - June 30, 1998). If modifications are necessary before or at that time they will be added to
this MOU by mutual written agreement of all parties involved.
In order to accomplish this goal, the Chula Vista ASAP Mentors Project will:
· Complete the required C.A.A.P. annual Work Plan
· Implement the provisions of the approved Work Plan
· Submit program statistics and budget details to the San Diego County Superintendent of Schools as required for
quarterly progress reports. ~
· Have as part of the Work Plan a process for evaluation of the program objectives.
· Comply with applicable provisions of the contract with the Department of Health Services and to cooperate fully
toward fulfillment of the obligations of that contract.
· Submit annually a certificate of insurance.
The San Diego County Superintendent of Schools will: · Approve Work Plans and allocate funding.
· Provide technical assistance to grantees.
· Submit all required reports to the Department of Health Services.
· Monitor, review, and verify the delivery of contracted services by funded agencies to target populations.
We hereby agree to this MOU and certify that the agreements made here will be honored.
SAN DIEGO COUNTY PROJECT LEAD CONTRACTOR
SUPERINTENDENT OF SCHOOLS ~ :
BY'Frank N. Murphy, "~ By (authorized Signatu~)' u
Coordinator ~ Comprehehsive Health Sunny Shy, Deputy Director
Name and Title (Type or Print) Name and Title (Type or Print)
November 20, 1997 ChulaVistaASAPMent0rs City of Chula Vista
Date Name of Lead Agency & Federal I.D.# 9 S - 6 0 0 0 - 6 9 0
September.1 , 1997
Date
CAAP Memorandum of Understanding
/-
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/16/97
ITEM TITLE: Resolution passing on the "report" of the Assessment Engineer,
giving preliminary approval, and setting a time and place for a public hearing
for Assessment District No. 97-2 (Otay Ranch Village One) and ordering the
initiation of assessment ballot procedures
SUBMITTED BY: Director of Public Works~
REVIEWED BY: City Manager (4/Sths Vote: Yes_No X
On June 17, 1997 Council adopted the proposetMResolution of Intention, adopted the boundary map
and approved the form of the Acquisition/Financing agreement for Assessment District No. 97-2.
Tonight's actions will continue the formal proceedings leading to the establishment of Assessment
District No. 97-2.
RECOMMENDATION: That Council approve the preliminary Engineer's Report and direct the City
Clerk to notice the public hearings for Assessment District No 97-2 (Otay Ranch Village One) for
February 3, 1998 at 4:00 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 is a financing mechanism which allows the financing of
public infrastructure improvements through assessment districts bonds with payments collected from
the property owners with their property taxes. There is no direct cost to the City. This is an acquisition
district wherein the developer is constructing the public improvements and the City will acquire them
upon completion with funds derived from the sale of bonds. City policy establishes that only
"backbone" facilities, providing benefit to the entire property within the district, are eligible for
assessment district financing. The developer is responsible for financing the construction of local
subdivision improvements.
Otay Ranch Company is in the process of developing Village One of the Otay Ranch which is currently
vacant. They have petitioned the City to use assessment district financing, pursuant to the Municipal
Improvement Act of 1913 C 1913 Act") to finance the acquisition of grading, water mains, sewer
tnmk lines, reclaimed water mains, curb, gutter, sidewalk, landscaping and pavement for selected
arterials and collector streets serving Village One. These roads include Paseo Ranchero, East
Palomar Street and Monarche Drive. Otay Ranch intents to construct the improvements in throe
phases to track with the development phasing (see Attachment A). .
Area of Benefit
On June 17, 1997 Council approved the boundary map for Assessment District No. 97-2 (AD 97-2).
The proposed boundary of AD 97-2 encompasses all parcels of Village One located east of Paseo
Ranchero, excepting those parcels owned by McMillin Otay Ranch. At buildout, the district will
contain a total of 1,098 Single Family Residences, 1,560 Multifamily Residences, 16.31 Acres of
commercial, and 16.09 Acres for Community Purpose Facilities (churches, day care, etc.). A reduced
copy of the map is presented in Attachment B of this report.
-i
Page 2, Item__
Meeting Date 12/16/97
Improvements
In accordance with City Policy, only backbone improvements providing full service to the Otay Ranch
Village One are proposed in AD 97-2. The developer will finance the construction of the additional
facilities required to serve each specific subdivision.
The public improvements proposed to be financed through this acquisition proceeding include:
1. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street
Paseo Ranchero is a six lane prime arterial which is included in the Transportation
Development Impact Fee (TDIF) program. The improvements to be funded through AD 97-2
are: grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping,
storm drain improvements and underground facilities for water, reclaimed water, domestic
water, sewer, storm drains, telephone and gas.
2. East Palomar Street from Paseo Ranchero to the Eastern Boundary of AD 97-2
East Palomar Street is a four lane residential collector street providing the main access to all
the properties within Village One The public improvements include: grading, pavement and
base, curb, gutter, sidewalk, median, street lighting, landscaping, storm drain improvements
and underground facilities for water, reclaimed water, domestic water, sewer, storm drains,
telephone and gas.
3. Monarche Drive around Park P-1
Monarche Drive is a two-lane residential collector street which provides access to all the
properties located north of East Palomar Street. The improvements to be financed by AD 97-2
are grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping,
storm drain improvements and underground facilities for water, reclaimed water, domestic
water, sewer, storm drains, telephone and gas.
In addition to the aforementioned improvements, the preliminary Engineer's Report also includes the
construction of a right turn lane in Telegraph Canyon Road at the intersection with Paseo Ranchero.
This right turn lane is required to comply with the minimum City standards for a six-lane prime
arterial. This improvement was not included in the Acquisition/Financing agreement approved by
Council on June 17, 1997. Staff anticipates to bring before Council, prior to the public hearing to
consider the formation of AD 97-2, a revised Acquisition/Financing agreement which will include said
facility.
Proposed Assessments
The estimated total amount to be assessed to the land in the district is $14,541,061 (see Attachment
C) of which $11,389,103 are for grading, improvements and construction incidentals, $228,250 for
incidental expenses (City staff, consultants, and miscellaneous district formation expenses) and
$3,506,000 correspond to bond issuance cost (reserve, underwriter discount, capitalized interest and
other miscellaneous costs). Attachment C also shows that the developer would be contributing
$582,292 towards the cost of the proposed improvements.
The Transportation Development Impact Fee (TDIF) program was established by Council to finance
the construction of major transportation facilities serving the Eastern Territories. All properties located
Page 3, Item__
Meeting Date 12/16/97
in the Eastern Area shall pay a fee prior to building permit approval. In previous assessment districts,
the TDIF cost was apportioned using the "amount of the fee" (currently $3998 per Equivalent
Dwelling Unit) to determine the number of dwelling units which would have the "full" TDIF paid
through the district. This approach is no longer possible under Proposition 218 which requires that
all assessments shall be proportional to the special benefit received from the proposed improvements.
The main consequence of this new approach is that properties within AD 97-2 will only have a
"partial" TDIF paid through the district. The remaining portion of the TDIF would have to be paid
at building permit. The new procedure would result in increased staff workload, which is necessary
to keep track of the actual amount of the TDIF paid by each of the parcels through AD 97-2 and the
amount to be paid at building permit. The total amount of the TDIF improvements to be financed by
AD 97-2 is $2,183,786.
The proposed typical maximum assessments for AD 97-2 are as follows:
Non-TDIF TDIF TOTAL
Single Family ($/DU) $ 5,698 $ 978 $ 6,676
Multifamily ( $/DU) $ 3,888 $ 782 $ 4,670
Commercial (S/acre) $ 95,487 $ 21,400 $116,887
Commtmity Purpose Facility (CPF) $ 32,257 $ 6,378 * $ 38,635
(S/acre)
· If the ultimate land use for a CPF site is exempted from the TDIF program (in accordance with Council Policy), the
TDIF assessment levied on that parcel would be bought down using TDIF funds.
The following procedure will be followed in order to ensure that all property meet the criteria set forth
by Council:
Value to Lien Ratio: An appraisal of the property is currently being conducted. The results
of this appraisal, and the lien ratio and maximum tax analysis will be submitted to Council approval
prior to the district formation, which is planned for February 3, 1998. If the property does not meet
the minimum 3:1 value to lien ratio, the developer would be required to provide "security
enhancements", in the form of cash or letters of credit or other type of security approved by the City,
to maintain the value to lien ratio within the City criteria.
Maximum Tax: The approved Acquisition/Financing agreement provides that the combination
of regular County taxes, Mello-Roos taxes, and assessment installments shall not exceed 2% of the
"sale price" of the house at time of escrow closing. Compliance with this procedure would ensure
that the aggregate tax, to be paid by the purchaser of the house, meets the City's criteria.
Resolutions
The RESOLUTION PASSING ON "ENGINEER'S REPORT" AND SETTING PUBLIC HEARING
is the preliminary approval of the "Engineer's Report", sets date, time and place for the public
hearing, and order the initiation of assessment ballot procedures as required by Proposition 218.
Page 4, Item
Meeting Date 12/16/97
Future Actions
* Public hearing and confirmation of the assessments are herein scheduled for February 3, 1998
* The bond sale is planned for Mamh 1998
FISCAL IMPACT: Otay Ranch Company will pay all costs associated with the formation of the
district and will be reimbursed once bonds have been sold. The City will receive the benefit of full
cost recovery for staff cost (estimated at $40,000) to be funded by the district. Otay Ranch will also
deposit with the City an origination charge of approximately $145,000 (1% of the estimated bond
sale). After the district formation, the origination payment would be transferred to the general fund.
Attachments: A - Improvements Phasing
B- Boundary Map
C - Cost Estimate
D - Engineer's Report
November 23, 1997
H:\HOME\ENGINEER\AGENDA\REPORT 1.972
Idt\AD9702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, PASSING ON THE REPORT OF THE ASSESSMENT
ENGINEER, GMNG PRELIMINARY APPROVAL, AND SETTING A TIME
AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION
OF ASSESSMENT BALLOT PROCEDURES
WHEREAS, the CITY COUNCIL of the CITY OF Chnia Vista, CALIFORNIA, has
instituted proceedings for the acquisition of certain public improvements and appurtenances under
provisions of the "Municipal Improvement Act of 1913" (the "Improvement Act"), being Division
12 of the Streets and Highways Code of the State of California (commencing with Section 10000),
in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (Otay
Ranch, Village 1) (hereinafter referred to as the "Assessment District"; and,
WHEREAS, there has been prepared and filed with the legislative body a Report of the
Assessment Engineer (the HReport") as provided for in and required by Sections 10203 and 10204
of the Streets and Highways Code, Article XIIID of the Constitution of the State of California
("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section
53750 and following) (the "Implementation ActD (the Improvement Act, Article XIIID and the
Implementation Act are referred to herein collectively as the "Assessment LawH) and the Report has
been presented to this legislative body for its consideration; and,
WHEREAS, a Resolution of Intention for the acquisition of the subject improvements was
previously adopted by the legislative body; and the Report as now present~.xl shall stand as the Report
for the purpose of subsequent proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: The Report of the Assessment Engineer referred to hereinabove is adopted,
passed upon, and preliminarily approved, as follows:
A. That the plans and specifications for the improvements proposed to be acquired, as
contained in the Report, are hereby preliminarily approved and adopted;
B. That the Engineer's estimate of the itemized and total costs and expenses of the
acquisition of the improvements and of the incidental expenses in connection
therewith contained in the Report, and each of them are hereby preliminarily
approved and adopted;
C. That the diagram showing the Assessment District referred to and described in said
Resolution of Intention, and also the boundaries and dimensions of the respective
subdivisions of land within said Assessment District, as the same existed at the time
of the passag~ of said Resolution of Intention, each of which subdivisions have been
1
given a separate number upon said diagram, as contained in the Report, is hereby
preliminarily approved and adopted;
D. That the proposed assessment upon the several subdivisions of land in the Assessment
District, in proportion to the estimated special benefits to be received by such
subdivisions, respectively, from the improvements to be acquired, and of the
incidental expenses thereof, as contained in the Report, are hereby preliminarily
approved and adopted;
E. That the descriptions of the improvements to be acquired contained in the Report are
hereby preliminarily approved.
SECTION 3: The Report shall stand as the Assessment Engineer's Report for the purpose
of all subsequent proceedings had pursuant to the Resolution of Intention.
SECTION 4: NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY
SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING
THE COUNCIL CHAMBERS, CITY HALL, 276 FOURTH AVENUE, CHULA VISTA,
CALIFORNIA, ON FEBRUARY 3, 1998 AT 4:00 PM.
RIGHT TO SUBMIT ASSESSMENT BALLOT
PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, EACH RECORD
OWNER OF PROPERTY PROPOSED TO BE ASSESSED HAS THE RIGHT TO SUBMIT AN
ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED
ASSESSMENT.
ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH
PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND SUBJECT TO A
PROPOSED ASSESSMENT. EACH SUCH OWNER MAY COMPLETE SUCH BALLOT AND
THEREBY INDICATE THEIR SUPPORT FOR OR OPPOSITION TO THE PROPOSED
ASSESSMENT. ALL SUCH BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE
FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE OF THE PUBLIC
HEARING:
CITY CLERK
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CA 91910
A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE SUFFICIENT.
AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL
CAUSE THE ASSESSMENT BALLOTS TIMELY RECEIVED TO BE TABULATED. IF A
2
MAJORITY PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN
ASSESSMENT WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF,
UPON THE CONCLUSION OF THE PUBLIC HEARING, ASSESSMENT BALLOTS
SUBMiTf~:D IN OPPOSITION TO THE ASSESSMENTS WITHIN THE ASSESSMENT
DISTRICT EXCEED THE BALLOTS SUBMITTED IN FAVOR OF SUCH ASSESSMENTS. IN
TABULATING THE BALLOTS, THE BALLOTS SHALL BE WEIGHTED ACCORDING TO
THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY.
SECTION 5. The City Clerk is hereby directed to mail notice of the Public Hearings and
the adoption of the Resolution of Intention and of the filing of the Report, together with the
assessment ballot materials, to the record owner of all real property proposed to be assessed.
SECTION 6: The City Clerk is hereby further directed to file a copy of the proposed
boundary map in the Office of the County Recerder within fifteen (15) days of the adoption of the
proposed boundary map; said boundary map to be in the manner and form as set forth in Division
4.5 of the Sweets and Highways Code of the State of California.
Presented by Approved as to form by
John P. Lippitt John Kaheny
Public Works Director City Attorney
3
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/16/97
ITEM TITLE: Resolution -/(~r~J~r'~ Authorizing Staff to Request a Determination
of City Eligibility for Grants and Low-interest Loans for Water Recycling
Demonstration Project
/
SUBMITTED BY: Director of Public Works ~
Environmental Resource/xntlM'a~r
REVIEWED BY: City Manager~ ~/ (4/$ths Vote: Yes No X )
City staff has been working with a BECA Tenant ( ReWater Systems) to develop a Greywater
System in new developments. This system would use "grey wastewater" to be a partial source
of irrigation water for homes. The advantages are lower water usage and reduced sewer flows
in the Chula Vista System which would save money. As a first part of this process, staff is
requesting Council to support staff submitting applications for grants or low cost loans to test
this process. This resolution does not obligate the City to actually apply for the loan or grant,
but merely authorizes staff to ask the affected agencies to determine our eligibility and to submit
an application.
RECOMMENDATION: Approve resolution authorizing staff to seek a determination on
eligibility of financial assistance.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Staff requests authorization from Council to submit applications to determine the City's
eligibility for grants and low-interest loans for a water recycling demonstration project using
on-site greywater recycling systems. The purpose of the demonstration project is to determine
cost savings to the City from on-site greywater recycling. The Project supports the City's
Greenstar Program and implements the BECA mission.
On-site greywater recycling is a process whereby greywater from washing machines and
bathroom showers/tubs/sinks is collected, filtered and used for irrigation. The economic and
environmental benefits of on-site greywater recycling are very significant. Fresh water intake
is reduced by nearly 44 %. Wastewater effluent is reduced by nearly 50%. Energy demand for
transportation of water and wastewater is reduced by 44% and 50%, respectively.
California passed legislation in 1994 which legalized greywater recycling. Appendix G of the
California Plumbing Code stipulates the conditions under which greywater recycling may occur
and the specifications for the system. The only system meeting building code requirements that
staff is aware of is manufactured by ReWater Systems Inc., a BECA tenant.
Page 2, Item
Meeting Date 12/16/97
The Demonstration Project will quantify cost savings to the City and others from on-site
greywater recycling. During the Project, ReWater systems will be installed in a representative
sample of new homes. Fresh water conservation and wastewater reduction will be monitored.
The budget for the Demonstration Project is estimated to range between $425,000 and $1.27
million, depending upon the final number of homes used in the Demonstration. Staff is currently
evaluating several different potential funding sources for the Demonstration Project, including
grants and loans from government agencies, contributions from developers, and rebates from the
Metropolitan Water District of Southern California and the San Diego County Water Authority.
Staff will return to Council with additional information about funding availability and
recommendations for further action. Staff requests approval now to determine the City's
eligibility for potential sources of funding in the form of grants or low-interest loans. The City
will be under no obligation as a result of these activities.
Greywater recycling first appeared in the United States in the 1970s when an increased
environmental awareness caused homeowners to look for ways to reduce water consumption.
Early systems were typically designed and installed by homeowners themselves. These systems
were fraught with mechanical difficulties and furthermore were illegal. After legalization of
greywater in 1994, commercial systems designed for installation by licensed plumbers became
available. Field trials and economic studies conducted by the City of Los Angeles, the
University of California, Los Angeles and the University of California, Berkeley established the
economic and environmental benefits from on-site greywater recycling. The City of Los
Angeles and UCB studies are attached.
One of the first commercially available systems was developed and patented by ReWater
Systems. ReWater systems have been in use for eight years in Northern California. ReWater
became a BECA tenant in 1996 in order to expand into the Southern California and Mexican
markets.
ECONOMIC BENEFITS TO THE CITY FROM GREYWATER RECYCLING
There is potential for savings in two areas: 1) reduce the need to parallel existing sewers that
accept flows from growth areas, 2) reduce the need to acquire additional treatment capacity from
the City of San Diego.
Chula Vista needs to improve portions of sewer systems in the downstream sewage basins of
Poggi Canyon and Telegraph Canyon. Poggi Canyon will be paralleled in the near future and
should be constructed to its ultimate size. However, Telegraph Canyon Sewer system has
several segments in the existing system that will need to be upgraded over the years as growth
occurs in those basins. Significant reduction in future flows may allow us to avoid or at least
delay construction of some of those segments. The sewers have to be designed for peak flow
and before any decision to avoid future construction of any segments are made a study on the
effectiveness of reduced peak flows should be conducted.
Chula Vista currently owns 19.34 million gallons per day (mgd) capacity in the Metro system.
Our current flow is currently around 12 mgd. A significant reduction in average dally flow per
new household would allow us to remain within the capacity we currently own. Again a detailed
study of a demonstration project should be conducted over a one to two year period in order to
assess the impact of these greywater systems on our average daily flow. It is staff's opinion that
Page 3, Item
Meeting Date 12/16/97
we could lower the need for new capacity in the Metro system, but would be reluctant to reduce
the size of any new sewer lines based on lower flows. That is because pipelines need to be
designed for peak flow while METRO capacity is based on average dally flow. In either case
a study of a demonstration project would determine the amount of benefit the sewer system
would obtain from this process.
Secondary economic benefits will accrue to the City by assuring that future growth is not
constrained by an inadequate supply of fresh water. An additional economic benefit to the City
will be gained through the support of BECA-based ReWater Systems, which could experience
considerable growth as a result of this Project.
ECONOMIC BENEFITS TO HOMEOWNERS FROM GREYWATER RECYCLING
Because Otay Water District rates are based on consumption, new homeowners with greywater
recycling systems will realize significant savings in water bills. The average annual savings per
household would amount to $187 over the life of a 30 year mortgage. This number is based on
the following assumptions:
2.8 persons per household;
the 1997 Eastern Area average water rate;
minimum freshwater used to supplement irrigation; and
minimum drought losses.
The City's flat sewer rate does not provide an opportunity to reward homeowners for reduced
sewer use.
The ReWater system is completely automatic and self-cleaning. A computerized control system
allows the homeowner to operate the greywater program much like a typical irrigation system.
Plumbing additions to the basic plumbing system, will be made during home construction to
capture greywater from the bathroom sink/tub/shower and washing machine. The greywater is
automatically piped to a holding tank and filter. From the filter greywater is pumped to a
below-ground irrigation system, which is considerably more efficient than above-ground
irrigation systems which are typically installed in new homes. ReWater systems retail for
$1895. However, when purchased in quantity, the price will be lower. Also the irrigation
piping and emitters will have to be installed. Staff estimates that for planter areas, these costs
will be similar to the costs of installing a drip irrigation system. A ReWater brochure is
attached.
The Demonstration Project will comply with all California codes pertaining to on-site greywater
recycling. The California Plumbing Code stipulates allowable soil conditions, hydrologic
conditions and system specifications. The San Diego County Health Department, and the local,
Department of Building and Housing have approved the use of Greywater systems.
Economic Benefits to the City from the Demonstration Project
The purpose of the Demonstration Project is to quantify water conservation and wastewater
reduction from on-site greywater recycling. However, the City will economically benefit from
the Project if the number of homes in the Eastern area are sufficient to avoid an upgrade of
Page 4, Item
Meeting Date 12/16/97
trunk sewers and reduces the need to purchase additional capacity from the City of San Diego
or other agency. For instance, if the Demonstration Project is in the Telegraph Canyon Sewer
Basin, the extent of paralleling the existing trunk sewer could be significantly reduced.
Demonstration Project Scor~e of Work
During the Demonstration Project, it is proposed that ReWater systems will be installed in
approximately 200-300 homes in a newly developed subdivision. During a one to two year
period, wastewater reduction and fresh water conservation will be documented by comparing the
wastewater flows and water consumption in the demonstration homes with a control group
located in a similar type subdivision that does not have a greywater system installed.
Demonstration Proiect Budget and Funding
The Project budget is estimated to range between $425,000 and $1.27 million, depending on the
number of homes used in the demonstration. This includes a budget for the ReWater systems
and the monitoring study which will quantify water conservation and wastewater reduction.
A number of possible funding sources have been identified, including grants, low interest loans,
utility rebates and utility discounts. Staff is assessing the applicability and terms of potential
funding sources. Specific funding scenarios include:
· Grants
Several government agencies have grants for which this Project may qualify. These
include the Border Environmental Cooperative Commission, the Commission for
Environmental Cooperation, the U.S. Bureau of Reclamation and the California
Department of Water Resources, EPA and State Water Resources Control Board. The
City would be the Grantee for a grant from any of these sources.
· Low-interest Loans
Low-interest loans are currently available to qualifying agencies from numerous State and
Federal agencies. The loan process is similar to that currently used by the City for HUD
projects. Because of the extremely low interest rate on the loans, the City could have
a financial gain from the interest accrued on the loan. The 20-year loans are currently
available for a rate of 2.25% to 5.5%. Using the loan funds, the City would pay for
installation of the systems during home construction. The City would be reimbursed by
the developer at the time of sale of the home. Staff is developing further information on
this scenario such as loan security requirements, etc.
· Utility Rebates and Discounts
The San Diego County Water Authority may provide a rebate for each installed system.
Depending upon the extent of a match from local agencies, the amount of the County
Authority rebate will range between $285 to $647. Staff has initiated discussion with the
Otay Water District on a potential rebate or discount from the District. Metropolitan
Water District of Southern California has historically participated in local water agency
Page 5, Item
Meeting Date 12/16/97
rebate programs by contributing matching dollars. The City of San Diego is considering
including greywater recycling systems in their low-flow toilet and shower head rebate
program which was part of the Point Loma settlement.
Developer Participation
At this point in time, there has not been a commitment from developers to participate in the
program. A meeting was called between ReWater systems and the developers by McMillin
Company to discuss the concerns with the system.
Staff did not attend the meeting, but it was reported that there was discussion on the impacts of
water in the yards with the possibility of soil problems, concern of too much water in small lots,
inability of homeowners to operate and maintain the system, how the systems would be financed,
would the installation be voluntary or required by the City, what would be the economic
benefits to the homeowner and developer, the developers have had considerable lawsuits over
the past decade and don't want to do anything that would cause structural problems to houses.
City Building and Housing staff also have concerns with the operation of the systems. The
concerns of the developers and Building and Housing staff would have to be satisfied prior to
a project being installed.
There has to be considerable work on the part of ReWater Systems and City staff to convince
the developers that this system should be tried. Financing mechanisms need to be developed to
make it economically feasible for developers to participate. On a limited basis, Public Works
staff is proposing a 25 % reduction in single family sewer connection fees for the 200 to 300
homes that could be in the demonstration project. This is based on the proposition that sewage
to the sewer system will be reduced by 50% on a annual basis. That would be a fee reduction
of $555 per single family lot. The Study would demonstrate over a one to two year period if
that reduction was justified. If it is found to be justified, the fee reduction program could be
continued.
Demonstration Project Schedule
If appropriate funding is secured and Council approves the Demonstration Project, the Project
could be initiated as early as Spring or Summer 1998. Depending upon monitoring results and
meteorological conditions, the Demonstration Project will have a duration of one to two years,
concluding in either January 1999 or January 2000.
Coordination with Otay Water District
Otay Water District has been participating with staff to develop the specifications for the
Demonstration Project. The District has provided data on water use, water rates and local
meteorological data. Staff has initiated discussions with the District about potential District
rebates or discounts. A Memorandum of Understanding will be executed with the District for
their support of the City in the Demonstration Project, during which the District will provide
water use and meteorological data.
Impact of On-Site Greywater Recycling on Regional Reclamation Projects
Page 6, Item
Meeting Date 12/16/97
On-site greywater recycling compliments, not conflicts with, regional reclamation facilities.
This results from the fact that regional water reclamation projects like the South Bay and North
City reclamation plants do not provide reclaimed water to individual homes. City of San Diego
reclamation managers were briefed on the Project. They are going to include educational
materials about greywater recycling in reclamation material being sent to San Diego residents.
Environmental Benefits of Greywater Recycling
The environmental benefits from greywater recycling are extensive:
· Less fresh water will be withdrawn from the Colorado River and the
Sacramento-San Joaquin Delta, the two major sources of water for Southern
California.
· Less wastewater will be discharged to marine and coastal environments.
Fewer chemicals for water purification and wastewater treatment will be used.
· Less energy production will be required to transport water and wastewater.
CONCLUSIONS
The item before the Council tonight is to authorize the staff to apply to different agencies to
have them determine our eligibility for funding assistance. Council is not authorizing staff to
start a Demonstration Project. No specific project has been selected at this time. The project
location and financing details will come back to Council in the future, after eligibility of
financial assistance and agreement with a developer has been obtained. At that time, Council
will be requested to approve a sewer connection fee reduction as an incentive to install the
system.
There is potential for considerable benefit for the city, homeowners and developers.
FISCAL IMPACT: If the project is proven successful, and sewage production can be reduced
significantly, there would be substantial savings to the City, to developers, and to future
homeowners. The savings to the City and developers would be due to the reduced need to
purchase additional sewer capacity from the Metro Sewer system, and from the reduced need
to upgrade downstream trunk sewers. The full amount of the reduction is unknown at this time.
One purpose of the Demonstration Project is to better quantify these savings.
Attachments:
1. City of Los Angeles and University of California, Berkeley Greywater Studies NOT 8CANI~D
2. ReWater Brochure ~T SC~"i~E~
H:~Ho NfE~ENG 1 NEE R~AG ENDA~REWAT5 JP L
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING STAFF TO REQUEST A
DETERMINATION OF CITY ELIGIBILITY FOR GRANTS
AND LOW-INTEREST LOANS FOR WATER RECYCLING
DEMONSTRATION PROJECT
WHEREAS, City staff has been working with a BECA Tenant
(ReWater Systems) to develop a Greywater System in new
developments; and
WHEREAS, this system would use "grey wastewater" to be a
partial source of irrigation water for homes; and
WHEREAS, the advantages are lower water usage and reduced
sewer flows in the Chula Vista System which would save money; and
WHEREAS, as a first part of this process, staff is
requesting Council to support staff submitting applications for
grants or low cost loans to test this process; and
WHEREAS, this resolution does not obligate the City to
actually apply for the loan grant, but merely directs staff to ask
the affected agencies to determine our eligibility.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize staff to request a
determination of City eligibility for grants and low-interest loans
for Water Recycling Demonstration Project.
Presented by Approved as to form by
John P. Lippitt, Director of Joh~n/~. Kaheny, City ~torn~
Public Works
COUNCIL AGENDA STATEMENT
Meeting Date 12/16/97
ITEM TITLE: Resolution ' epting bids and awarding purchase agreement for the
purchase of nine police patrol sedans.
SUBMITTED BY: Director Of Public Works ,/J ~
Director of Finance ,~./~,, (~'~ ~'
City Managerx,~(,~ ~( ~1 (4/5ths Vote: Yes. ~qo X_)
REVIEWED BY:
The FY97-98 equipment replacement budgeUprovides for the purchase of seven replacement patrol sedans
for the Police Department. Two additional patrol sedans have been damaged and are being replaced using
funds appropriated in the budget for emergency purchases, for a total of nine vehicles. The City of Chula
Vista participated in a cooperative bid, which was opened November 13, 1997. The lowest responsible
bidder was Villa Ford with a net unit price of $21,056.26.
RECOMMENDATION: That Council award the purchase agreement to Villa Ford, the lowest
responsible bidder.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION: The City of San Diego acted as the lead agency for this cooperative purchasing
venture, which included Chula Vista, Carlsbad, El Cajon, the County of San Diego, the Metropolitan
Development Transit Board, and the San Diego Unified Port District. The City of Chula Vista participated
as authorized in Municipal Code section 2.56.270 and Council Resolution 6132. Bids were sent to 49
potential bidders, including one local Auto Dealer, for a consolidated purchase of over 250 vehicles. The
bid was also advertised in the San Diego Daily Transcript Three bid responses were received as follows:
Bidder Nine Police Payment Sales Tax Net Total Net Total (with
Patrol Sedans Terms terms) **
Villa Ford $195,362.01 10%, 21 days $15,140.56 $210,502.57 $189,452.31
Dixon Ford $179,096.85 Net 30 $13,880.01 $192,976.86 $192,976.86
Wondries Ford $200,979.00 10%, 21 days $15,575.87 $216,554.87 $194,899.39
** Payment terms were factored into the recommendation of award.
Two additional patrol sedans have been damaged and could not economically be repaired and placed
back in patrol service. Emergency funds have been included in the budget for purchases in
circumstances such as this.
Page 2, Item
Meeting Date 12/16/97
FISCAL IMPACT: Sufficient funds are provided in the FY97-98 equipment replacement budget for
the purchase of the police patrol sedans. The net total including 7.75% sales tax is $189,452.31. The net
unit price per vehicle is approximately 1% less than what was paid last year. The funding breakdown is
shown below:
Budget Breakdown
# of Units Activity Budget
7.00 Police Patrol $156,100
2.00 Emergency Purchases $33,352
Total $189,452
D:\WINWORD\BUDGETLA113PD98.DOC
File #: 1320-50-DC
RE$O~U?~O~ OE ?H~ ¢~¥ COU~C~ 0¥ TH~ C~T¥ 0¥
CHULA VISTA ACCEPTING BIDS AND AWARDING
PURCHASE AGREEMENT FOR THE PURCHASE OF NINE
POLICE PATROL SEDANS
WHEREAS, the FY 97-98 equipment replacement budget
provides for the purchase of seven (7) replacement patrol sedans;
and
WHEREAS, two additional sedans have been damaged and are
being replaced using funds appropriated in the budget for emergency
purchases, for a total of nine vehicles; and
WHEREAS, Chula Vista Municipal Code Section 2.56.270 and
Council Resolution No. 6132 authorizes the City to participate in
a cooperative bid with other governmental agencies; and
WHEREAS, the following bids were received via the City
of San Diego bid:
Bidder Nine Police Payment Sal~ Tax Net Total Net Total
Patrol Sedans Terms (with terms)
Villa Ford $177,560.82 10%, 21 days $15,140.56 $210,502.78 $189,452.31
Dixon Ford $177,768.00 Net 30 $13,880.01 $192,976.86 $192,976.86
Wondries Ford $186,039.00 10%, 21 days $15,575.87 $216,554.87 $194,899.39
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept said bids and authorize the
purchase of nine Police patrol sedans from Villa Ford via the City
of San Diego bid for a total amount of $189,452.31.
BE IT FURTHER RESOLVED that the Purchasing Agent is
hereby authorized and directed to execute the purchase agreement
with Villa Ford for the purchase of said vehicles.
Presented by Approved as to form by
John P. Lippitt, Director of Mn M. Kaheny~
Public Works /~ttorney
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/16/97
ITEMTITLE: Resolution //~./~c~ Approving the First Amendment to the Detention
Basin and Siltation Agreement between the City and Otay Project, LLC and South
Bay Project, LLC for a portion of the Otay Ranch SPA One and authorizing the
Mayor to execute same
SUBMITTED BY: Director o f Public Work~[/~,~
REVIEWED BY: City Manager (4/5tbs Vote: Yes No X )
On August 12, 1997, Council approved by Resbtfition 18746 the Detention Basin and Siltation Agreement
between the City and Otay Ranch, L.P. for a portion of the Otay Ranch SPA One. This agreement provides
for the construction and maintenance of certain drainage improvements within the Telegraph Canyon
Basin and sets forth the amount of the security (cash deposits and bonds) to be provided by the developer
to ensure compliance with certain maintenance responsibilities for the Telegraph Canyon Channel.
Recently, the Otay Ranch Company requested certain changes to the existing agreement. Staff has
reviewed the proposed First Amendment (Attachment 1) and considers it acceptable and ready for
approval by Council.
RECOMMENDATION: That Council adopt the resolution approving the First Amendment to the
Detention Basin and Siltation Agreement
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On December 8, 1997, staff met with the developer to discuss the proposed amendments to the Detention
Basin and Siltation Agreement ("The Agreement"). Staff believes that the following changes are reasonable
and recommends approval by Council:
1. Modify section 2. a. ii to expressly describe the location Jbr the Permanent Detention Basin in the
event the specific alternatives sites are not utilized
Those specific alternatives sites are identified as ALT 1. AND ALT. 2 DETENTION BASIN in
Attachment 2 (which is Exhibit A-1 of "The Agreement"). The proposed amendment would clarify
that in the event any of those two sites is not selected during final design, the City Engineer may
approve that the proposed detention facility be constructed at another site within that reach of the
existing Telegraph Canyon Channel fronting Otay Ranch SPA One. It should be noted that staff has
expressed to the Otay Ranch Company and McMillin Communities their preference for the ALT.
2 location. McMillin is currently processing with the City a mass grading plan which proposes the
construction of the detention facility at the ALT. 2 location.
2. Modify Section 3.a to provide that the temporary basin is located in neighborhoods R-6 and R-10
of Phase lB.
The proposed amendment would clearly identify the location of the "temporary" detention basin.
This facility would provide the necessary drainage mitigation until the "permanent" basin in the
Page 2, Item
Meeting Date 12/16/97
Telegraph Canyon Channel is constructed. This temporary facility would be privately maintained
and would located on private property (as depicted on the mass grading plans for SPA One - Phase
2B, approved by the City Engineer on August 28, 1997). The Otay Ranch Company wants to clearly
disclose the location of said facility to the merchant builders that are interested in purchasing land
within the project.
3. Modify Section 8. c to provide that the lots may, in the City Manager's (or Manager's designee)
discretion be automatically released from the obligations of the agreement upon the issuance of
building permits or conveyance of any lot to a homeowners association.
The existing agreement encumbers all the properties within Otay Ranch SPA One currently owned
by the Otay Ranch Company. This agreement stipulates that "Upon the conveyance of a residential
lot to a buyer of an individual housing unit or the conveyance of a common lot to a Homeowners
Association, Developer may have the right to obtain a release for such lot from the Developer's
obligations under this agreement, provided the Developer obtains the prior written consent of the
City to such release ". The proposed amendment provides that a parcel may, in the City Manager's
(or Manager's designee) discretion, be automatically released from the encumbrance of the
Agreement, so long as the City Manager (or Manager's designee), in good faith, finds that the
Developer is in compliance with the terms of the Agreement and that such partial release will not
jeopardize the City's assurance that the obligations set forth in the agreement will be performed. The
proposed amendment also provides that, upon request from the Developer or any successor in
interest, the City Manager (or Manager's designee) shall execute a recordable instrument which
confirms the release ofaparcel from the encumbrance of the Agreement. The First Amendment also
authorizes the City Manager (or Manager's designee) to execute said recordable instrument on behalf
of the City.
4. Modify the signature page to reflect recent changes in ownership.
The developer is also requesting that the agreement be modified to reflect a change in ownership.
In August of this year, South Bay Projects, LLC purchased Otay Ranch L.P.'s interest in the Otay
Ranch properties. South Bay, LLC conveyed title to the land to Otay Project, LLC, except for
neighborhood R-20 and R-21 in Village One (see Attachment 3). As a consequence, Otay Project,
LLC and South Bay, LLC are successors-in-interest to Otay Ranch, L.P. under the Detention Basin
and Siltation Agreement.
The City Attorney has reviewed the proposed First Amendment to the Detention Basin and Siltation
Agreement and has approved it as to form.
FISCAL IMPACT: None to the General Ftmd. The developer is responsible for construction and
maintenance of the permanent detention basin and maintenance of Telegraph Canyon Channel as required
by the Tentative Map conditions and in accordance with the current Detention Basin and Siltation
Agreement.
Attachments:
1. First Amendment
2. Exhibit A-1 of the existing agreement NOT $CANNEI)
3. Otay Ranch Spa One ,*,,~
December 10, 1997 LDT File 0710-46-PG557
H ~IOME~ENGINEER~A GENDA~S l LTA G R E LDT
RESOLUTION NO. /~/~/~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE DETENTION BASIN AND SILTATION AGREEMENT
BETWEEN THE CITY AND OTAY PROJECT LLC, SOUTH
BAY PROJECT LLC FOR A PORTION OF THE OTAY
RANCH SPA ONE AND AUTHORIZING THE MAYOR TO
EXECUTE SAME
WHEREAS, on August 12, 1997, Council approved by
Resolution 18746 the Detention Basin and Siltation Agreement
between the City and Village Development LLC for a portion of the
Otay Ranch SPA One; and
WHEREAS, this agreement provides for the construction and
maintenance of certain drainage improvements within the Telegraph
Canyon Basin and set forth the amount of the security (cash
deposits and bonds) to be provided by the developer to ensure
compliance with certain maintenance responsibilities for the
Telegraph Canyon Channel; and
WHEREAS, Otay Project LLC and South Bay Project LLC are
the successors-in-interest to Otay Ranch L.P. and has succeeded to
all of the rights, and has assumed all of the obligations as to the
Agreement; and
WHEREAS, the new owner requested certain changes to the
existing agreement; and
WHEREAS, staff has reviewed the proposed amendments and
considers them acceptable and ready for approval by Council.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the First Amendment to the
Detention Basin and Siltation Agreement between the City and Otay
Project LLC, South Bay Project LLC for a portion of the Otay Ranch
SPA ONE, a copy of which shall be kept on file in the office of the
city Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the city of Chula Vista.
Presented by Approved as to form by
John P. Lippitt, Director of John M. Kaheny, cit~ Attorney
Public Works
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
FIRST /%MENDMENT TO
DETENTION BASIN AND SILTATION AGREEMENT
This First Amendment to Detention Basin and Siltation
Agreement is made as of , 199_, for the purpose of
reference only and effective as of the Date last executed by the
parties, is made by and between Otay Project LLC, a Delaware
limited liability company and South Bay Project, LLC, a Delaware
limited liability company, (collectively referred to herein as
"Developer"), and the City of Chula Vista, a California municipal
corporation ("City"), with reference to the following facts:
RECITALS
A. On August 12, 1997, City Council approved by Resolution
18746 the Detention Basin and Siltation Agreement between City and
Otay Ranch L.P. providing for construction and maintenance of
certain drainage improvements within the Telegraph Canyon Basin
(The "Agreement"); and
B. Developer is the successor-in-interest to Otay Ranch L.P.
and has succeeded to all of the rights, and has assumed all of the
obligations as to the Agreement; and
C. City and Developer now wish to modify and amend the
Agreement and acknowledge good consideration for such amendment.
NOW THEREFORE BE IT RESOLVED that the Parties agree as
follows:
1. That Paragraph 2.a.ii of the Agreement be amended in
reference to Exhibit A-1 to read as follows:
2.a.ii. Developer shall construct the Detention Basin at
the location identified as Alternative 1 or Alternative 2 on
Exhibit A-1 as directed by the City Engineer or at another site
within the Teleqraph Canyon Channel determined in the sole
1
discretion of the city Engineer as depicted in Exhibit A-1.
Developer understands and agrees that Developer is responsible for
obtaining all necessary permits, approvals and certifications, if
any, from the applicable federal and/or state agencies, including
but not limited to the California Department of Fish and Game
and/or the U.S. Army Corps of Engineers and the Federal Emergency
Management Administration. Developer shall complete construction
of the Detention Basin on or before the third anniversary date of
the City Council's approval of this Agreement. It is expressly
understood and agreed to by Developer that, in the performance of
construction of said Detention Basin, Developer shall conform to
and abide by all of the provisions of the ordinances, standards and
policies of the City of Chula Vista, the laws of the State of
California and federal law as applicable to said work.
2. That Paragraph 3.a. of the Agreement be amended in
reference to Exhibit D to read as follows:
3.a. Construction - (54) (a) (2). Developer agrees to
construct a private temporary runoff detention basin, or such other
facility approved by the City Engineer, to reduce the quantity of
runoff from Phase 2B of Otay Ranch SPA One, to an amount equal to
less than the present 100 year peak flow ("Temporary Facility").
Developer shall construct the Temporary Facility in strict
conformity and in accordance with the plans and specifications,
approved by the City Engineer (as depicted in the mass qradinq
plans for SPA One, Phase 2B, drawing No. 97-427, PG-557, approved
Auqust 28, 1997). The Temporary Facility shall comply with all the
provisions of the National Pollutant Discharge Elimination System
and the Clean Water Program. Developer understands and agrees that
Developer is responsible for obtaining all necessary permits,
approvals and certifications, if any, from the applicable federal
or state agencies, including but not limited to the California
Department of Fish and Game and/or the U.S. Army Corps of
Engineers. Developer shall complete construction of the Temporary
Facility within one year after the City's issuance of the first
grading permit for the Project. Developer understands and agrees
that the Temporary Facility is being constructed to service only
Phase 2B of the Otay Ranch SPA One Project and only until the
Detention Basin is completed as provided in this Agreement.
Developer agrees to remove the Temporary Facility once the
Detention Basin is operational as determined by the City Engineer.
3. That Paragraph $(c) of the Agreement be deleted in its
entirety and the following Paragraph be inserted to read as
follows:
(8) (c) Each lot or parcel encumbered by this Agreement
may, in the City Manager's (or Manager's designee) discretion, be
automatically released from the encumbrance hereof upon the
issuance of a building permit in conformance with the Tentative Map
and/or Final "B" Map with respect to such lot or parcel or upon the
2
conveyance of any such lot or parcel to a homeowner or homeowners
association. The City Manager (or Manager's designee) shall not
withhold consent to such release so long as the City Manager (or
Manager's designee) in good faith finds that the Developer is in
compliance with the terms of this Agreement and that such partial
release will not jeopardize the City's assurance that the
obligations set forth in this Agreement will be performed. In the
event the City Manager (or Manager's designee) agrees to the
Release, at the request of Developer or any successor in interest
who owns any such lot or parcel, the city Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a
recordable form acceptable to City Manager (or Manager's designee)
which confirms the release of such lot or parcel from the
encumbrance of this Agreement.
4. All other terms and conditions not modified by this First
Amendment to the Agreement shall remain in full force and effect.
3
SIGNATURE PAGE TO
FIRST AMENDMENT TO
DETENTION AND SILTATION AGREEMENT
IN WITNESS WHEREOF, City and Developers have executed this
Agreement this day of , 199_.
CITY OF CHULA VISTA OTAY PROJECT, LLC, a
California limited liability
company
By: OTAY RANCH DEVELOPMENT,
Shirley Horton LLC, a Delaware limited
Mayor liability company,
managing member
Attest:
By:
Kim Kilkenny
Vice President
Beverly Authelet
City Clerk
SOUTH BAY PROJECT, LLC,
Approved as to form by a Delaware limited
liability company
By:
John M. Kaheny Harold Beral
City Attorney Its Member
Approved as to form by By:
David C. Green
Its Member
Attorney for Developers
H:\Home\Attopney\Basin.1
4
SUPPLEMENTAL TO ITEM #15
COUNCIL AGENDA STATEMENT
Item 15
Meeting Date 12/16/97
ITEM TITLE: Resolution Approving the First Amendment to the Detention
Basin and Siltation Agreement between the City and Otay Project, LLC and
South Bay Project, LLC for a portion of the Otay Ranch SPA One and
authorizing the Mayor to execute same
SUBMITTED BY: Director of Public Worksd~(/~
REVIEWED BY: City Manage~ ~ ~ ~' (4/5ths Vote: Yes_No X }
Subsequent to the completion of the staff report which was distributed to the City Council,
representatives of the Otay Project, LLC expressed their concern over the language of paragraph
8(c) of the agreement as forwarded by staff. They requested that language be added to the
agreement that would permit the automatic release of a particular parcel at the close of escrow to
an individual homebuyer if such release has not previously been done.
RECOMMENDATION: That Council adopt the resolution approving the First Amendment to
the Detention Basin and Siltation Agreement as modified herein.
DISCUSSION:
Paragraph 7 of the original agreement reads as follows:
7. Building Permits. Developer understands and agrees that the performance of
Developer's obligations hereunder is required for the health and safety of the residents of
the City of Chula Vista. Therefore, Developer agrees that the City shall have the absolute
and unfettered right to withhold the issuance of any building permit for any residential
units within the Project if the Developer is determined by the City not to be in compliance
with the terms of this agreement.
The language proposed to be added to the First Amendment to the agreement is as follows:
(8) (c) Each lot or parcel encumbered by this Agreement may, in the City Manager's (or
Manager's designee) discretion, be automatically released from the encumbrance hereof
upon the issuance of a building permit in conformance with the Tentative Map and/or Final
"B" Map with respect to such lot or parcel or upon the conveyance of any such lot or
parcel to a homeowner or homeowners association. The City Manager (or Manager's
designee) shall not withhold consent to such release so long as the City Manager (or
Manager's designee) in good faith ~'mds that the Developer is in compliance with the terms
of this Agreement and that such partial release will not jeopardize the City's assurance that
the obligations set forth in this Agreement will be performed. Notwithstanding the
foregoing, at the close of an individual homeowner's escrow on any lot or parcel
encumbered by this Agreement, such lot or parcel shall be automatically released
Page 2, Item
Meeting Date 12/16/97
from the encumbrance hereof. In the event the City Manager (or Manager's designee)
agrees to the Release, or escrow closes on any individual homeowner's lot or parcel,
at the request of Developer or any successor in interest who owns any such lot or parcel,
the City Manager (or Manager's designee) shall execute an instrument drafted by
Developer in a recordable form acceptable to City Manager (or Manager's designee)
which confirms the release of such lot or parcel from the encumbrance of this Agreement.
Based on the fact that the City has the right to withhold building permits if the developer has not
complied with the terms of the agreement and that the developer has put up bonds to ensure the
work, staff believes that the addition of the language as requested by Otay Project, LLC does not
impact the City's ability to enforce the agreement. Therefore, staff recommends tha approval of
the agreement as requested to be amended by the Otay Project, LLC.
FISCAL 1MPACT: This action presents no change to the fiscal impact given in the original
agenda statement.
H:\HOME\ENGINEER\AGENDA\SILTAGR2. CLS
December 16, 1997 (10:I0am)
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/16/97
ITEM TITLE: Resolution //~'/23~f'~3 Declaring property to be surplus, unusable
public land, waiving the formal bidding requirement, authorizing the sale
of said property to Dr. Robert J. Matkovich, and authorizing the City Clerk
to execute a Grant Deed for the legal transfer of said property
Director of Public Works~j(/
SUBMITTED BY: fir
Director of Parks and Recreati
REVIEWED BY: City Manager x,~ (_~ ~[/~ ~[?Yj (4/5ths Vote: Yes NoX_)
At its September 26, 1989 meeting, the City Council, at the request of Rancho del Sur and Dr.
Robert Matkovich, adopted Resolution No. 15323 approving an adjustment to the boundary of
Open Space District No. 18 which would have involved the exchange of a portion of "Old"
Telegraph Canyon Road right-of-way for a triangular piece of property adjacent to Telegraph
Canyon Road and the open space area, subject to specific conditions. Said land exchange did not
occur. Due to the passage of Proposition 218, such an exchange would now require a vote of all
property owners within Open Space District No. 18, which is not practical or feasible. Therefore,
it is now proposed that Dr. Matkovich purchase a 5,345 square feet strip of highly disturbed open
space land for $5,345.
RECOMMENDATION: That Council approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
On September 26, 1989, the City Council adopted Resolution No. 15323 approving a land swap
involving a portion of Open Space District No. 18 and a portion of a triangular-shaped lot adjacent
to the open space area and Telegraph Canyon Road and east of the Archway Inn. Said open space
area is highly disturbed, is not generally suitable for open space, and is part of the "Old"
Telegraph Canyon Road right-of-way. The land swap was requested by Rancho del Sur
Development and Dr. Robert Matkovich to facilitate the development of a medical office building.
Due to the passage of Proposition 218, such an exchange is no longer practical or feasible because
it would require a vote of all property owners within the district. It is now proposed that Dr.
Matkovich purchase the 5,345 square feet strip of highly disturbed open space land adjacent to his
property to facilitate the development of the medical office building.
Page 2, Item
Meeting Date 12/16/97
The triangle-shaped parcel which Dr. Matkovich is developing has substantial encumbrances,
including a large setback requiremem along Telegraph Canyon Road and public sewer and storm
drain easemems, all of which dictate where the building may be placed on the site. A 6,065
square foot medical office building is proposed and will require thirty (30) standard parking stalls.
In order to meet the parking requiremems, the developer will either need to reduce the size of the
building or acquire additional land for parking. The developer feels that the size of the building
cannot be compromised without adversely impacting the economic feasibility of the project. Based
upon the triangular shape of the property, the location of the building, and the parking
requiremems, the boundary adjustmem will facilitate a logical development of the site.
City Council Policy 460-02, the Grading Deviation Policy, does not apply in this situation. That
Policy was adopted to provide the procedures and criteria to be used to idemify and sell City
dedicated open space property for the specific purpose of correcting grading deviations made at
the time of subdivision developmem. The policy has several criteria, but, in general, they apply
mostly to Open Space areas adjacent to residemial subdivisions where home owners have flat areas
adjacent to their lots which were graded by the original developer and, in essence, appear to be
extensions of the residential lot. The subject property does not fit that criteria. The property is
a part of the former right of way for "Old" Telegraph Canyon Road, still has some of the old
paving on it, is not developed as beneficial open space, nor is it suitable for open space.
Dr. Matkovich retained Jones & Roach, Inc. to determine the value of the 5,345 square feet strip
of land adjacent to Dr. Matkovich's property. While Dr. Matkovich retained Jones & Roach, that
firm has been, in the past, under contract with the City to provide appraisal services for CIP
projects. Those services were satisfactory. Staff also closely reviewed the appraisal and the
conditions and, based on the restrictions on the use of the property, believes it is fair. The strip
of land is encumbered with easements for sewer and utilities and potential uses of the land,
therefore, are limited. Dr. Matkovich is the only potential buyer for the land since it abuts only
his property and it would not have benefit or use to anyone else. Further, the highly disturbed
nature of the land makes it generally unsuitable for open space use. Jones & Roach determined,
and staff concurs, that the value of the land is $1.00 per square foot or a total of $5,345. Jones
& Roach's appraisal is attached as Exhibit "A".
Therefore, Public Works and Parks and Recreation staff recommend the City Council declare the
property to be surplus land with no present or future public use, waive the formal bidding
requirement, authorize the sale of the property to Dr. Matkovich. and authorize the City Clerk to
execute a Grant Deed for the legal transfer of said property.
Engineering staff is processing a boundary adjustment plat (see Exhibit "B") and a Gram Deed
for the proposed sale. If City Council approves the resolution, then the boundary adjustment plat
and Gram Deed will be executed and recorded with the County Recorder after close of escrow.
Page 3, Item
Meeting Date 12/16/97
FISCAL IMPACT: Funds from the sale of the open space property will be deposited in Open
Space Maintenance District No. 18. Staffcosts associated with this transaction will be reimbursed
by the applicant.
Attachments: Exhibit "A" - Jones & Roach Appraisal, Dated November 5, 1997
Exhibit "B" - Draft Adjustment Plat 98-09 ~O,~ ~C
KPA/kpa
[FILE NOS. ER272 & PC-1209]
H:\HOME\ENGINEER\AGENDA\MATKOVIC. 113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING PROPERTY TO BE SURPLUS,
UNUSABLE PUBLIC LAND, WAIVING THE FORMAL
BIDDING REQUIREMENT, AUTHORIZING THE SALE OF
SAID PROPERTY TO DR. ROBERT J. MATKOVICH, AND
AUTHORIZING THE CITY CLERK TO EXECUTE A GRANT
DEED FOR THE LEGAL TRANSFER OF SAID PROPERTY
WHEREAS, at its September 26, 1989 meeting, the City
Council, at the request of Rancho del Sur and Dr. Robert Matkovich,
adopted Resolution No. 15323 approving an adjustment to the
boundary of Open Space District No. 18 which authorized an exchange
of a portion of ~Old" Telegraph Canyon Road right-of-way for a
triangular piece of property adjacent to Telegraph Canyon Road and
the open space area, subject to specific conditions; and
WHEREAS, said land exchange did not occur because due to
the passage of Proposition 218, the exchange would have increased
assessments requiring a vote of all property owners within Open
Space District No. 18, which is not practical or feasible; and
WHEREAS, Dr. Matkovich now wishes to purchase a 5,345
square feet strip of highly disturbed open space land for $5,345 to
facilitate the development of a medical office building.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby rescind its prior action set forth
in Resolution 15323 authorizing the exchange of open space areas
with the city.
BE IT FURTHER RESOLVED the city Council does hereby find
that certain property, generally known as a portion of Lot J of
Chula Vista Tract 87-8 of Unit 4 as shown on Map 12063, to be
surplus, unusable public land and does authorize the sale of said
property to Dr. Robert J. Matkovich for $5,345.
BE IT FURTHER RESOLVED that the formal bidding
requirement set forth in Section 2.56.070 of the Chula Vista
Municipal Code is impractical or impossible and is hereby waived
because (1) said strip of land is encumbered with easements for
sewer and utilities and potential uses of the land are limited; (2)
Dr. Matkovich is the only potential buyer for the land since it
abuts only his property and it would not have benefit or use to
anyone else and (3) the highly disturbed nature of the land makes
it generally unsuitable for open space use.
BE IT FURTHER RESOLVED that the City Council does hereby
find that Council Policy 460-02 does not apply because the policy
was adopted to provide the procedures and criteria to be used to
identify and sell City dedicated open space property for the
specific purpose of correcting grading deviations made at the time
of subdivision development.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized to execute a Grant Deed approved as to form by the City
Attorney for the legal transfer of said property.
Presented by Approved as to form by
John P. Lippitt, Director of John M. Kaheny, City Attorney
Public Works
C: \ rs\matkovic
COUNCIL AGENDA STATEMENT
Item
Meeting Date 12/16/97
ITEM TITLE Public Hearing: Consideration of the proposed grant of a modified cable
system franchise to Cox Communications (CoxCom) Inc.
Ordinance Amending the franchise agreement with Cox
Communications, adopting a maximum franchise fee of 5 %, extending the
franchise an additional ten years through the year 2020, and making
various other changes in terms and conditions.
Ordinance Amending the Municipal Code to conform the
fees assessable to cable franchisees and other video programming
providers to those allowed by state and federal law.
SUBMITTED BY: Principal Management Assista~Young
?t ~V~-~tB~f: theC~t~liMc:~tlg:~ff~reco~¢~ds~at~the~/\
amendments be continued indefinitely. Staff will renotice the ordinances for hearing when
appropriate.
RECOMMENDATION: That Council continue this item indefinitely.
COUNCIL AGENDA STATEMENT
Item: /~/
Meeting Date: 12/16/97
ITEM TITLE: Public Hearing: PCA 98-02; Consideration of amendment to Section
19.58.147 of the Municipal Code to revise standards for large family day
care - City Initiated.
Ordinance
No.
Amending ~ec~on 19.58.147 of the Chula Vista
Municipal Code Relating to Req~irea~Standards for Large Family Day Care
S~MITTED BY: Director of ela~in~7 ~ ~
~VIEWED BY: City Manager (4/Sths Vote: Yes No X )
BACKGROUND:
Section 19.58.147 of the Municipal Code outlines standards which are required for the granting
of a large fmily day cam permit. These standards are based on Section 1597.46 of ~e California
Health and Safety Code which gives the local jurisdiction the ability to impose standards,
restrictions and requirements concerning a) spacing and concentration; b) traffic control; c)
parking; and d) noise control relating to such homes.
One of these existing standards under section 19.58. 147 requires a 1200 foot separation from
ano~er such facility existing on the sine street. Due to a recent change in State Law which now
allows a large hmily day care operation to have up to 14 children in a single hmily home, staff
is concerned ~at the current distance separation required is inadequate since it fails to require a
specific separation from lot to lot unless facilities are located on the same street. Staff is concerned
that allowing such facilities to be located in (very) close proximity to one another may cause an
over-concentration of such uses in the same neighborhood.
Another standard requires that an area be provided for the temporary parking of at least two
vehicles for the safe loading and unloading of children. In most cases, the driveway in front of
a two car garage will satis~ this requirement. This standard is not sufficient to prevent the owner
PC'A OR-O? Page
from parking their own personal vehicles in the driveway during the hours of operation of the
child care facility. In order to clarify this standard, staff recommends requiring that the existing
two car garage be used for the parking of the owners vehicles and that the driveway area be free
and clear for the drop off/pick up of children during all hours of the day care operation.
The Environmental Review Coordinator has determined that, as a procedural amendment, the
project is exempt from the California Environmental Quality Act (CEQA) under the General Rule
exemption section 15061(b)(3).
RECOMMENDATION: Adopt the attached ordinance amending Section 19.58.147 of the
Municipal Code relating to required standards for large family day care homes.
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission considered this proposal on November 5, 1997 and voted 5-0 ( two
Commissioners absent) to approve a resolution proposed by staff recommending that the City
Council amend some of the standards outlined in section 19.58.147 of the Zoning Ordinance with
the exception of retaining the existing standard which requires a 300 foot public notification area.
On October 7, 1997, the City's Child Care Commission upheld staffs recommendation with the
exception that the proposed standard 19.58.147(E) be expanded to allow an exception from the
requirement of a 16 foot wide driveway for existing lots comaining an extra long single wide
driveway, allowing tandem parking of two vehicles lbr the loading and unloading of children.
DISCUSSION:
Current Code Requirements
Required standards for large family day care homes is defined in section 19.58. 147 include the
following:
A. Notice shall be given to properties within 300 feet of the proposed large family day care
home at least ten days prior to consideration of the permit.
B. The permit shall be considered without public hearing unless a hearing is requested by the
applicant or other affected party. The applicant or other affected party may appeal the
Zoning Administrator's decision to the Planning Commission.
C. The family day care function shall be incidental to the residential use of the property.
D. A large family day care home shall not locate within 1200 feet of another such facility on
the same street as measured from the exterior boundaries of the property.
E. An area shall be provided for the temporary parking of at least two vehicles for the safe
loading and unloading of children. In most cases, the driveway in front of a two car garage
will satisfy this requirement.
F. If in the opinion of the Zoning Administrator there is a potential for significant traffic
problems, the Zoning Administrator shall request review of the application by the City
Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the
day care permit in these instances to insure maintenance of traffic safety levels within the
vicinity of the home.
G. A usable rear yard play area of 1,200 sq. ft. shall be provided. Outdoor play area shall
not be allowed in the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding
properties. The Zoning Administrator may impose reasonable requirements to alleviate
noise, including but not limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
Proposed modification
The proposed modification will 1) ensure that the appropriate distance between facilities shall be
300 feet of separation regardless of street configuration and 2) ensure adequate on-site parking of
owners vehicles in addition to adequate and safe area for loading and unloading of children.
Specifically, section 19.58.147D and E shall be amended to read as follows:
D. A large family day care home shall not locate within:
Three hundred (300) feet of another such facility with said measurement beine
defined as the shortest distance between the property lines of any such facilities:
and
2.~. Twelve hundred (1200) feet of another such facility on along the same street as
........ ., ~ .... ,~ ....... :^_ ~. .... ~_:A~ c~f '~' .......... with said measurements
being defined as the shortest distance between property lines, as measured alone
the same street, of any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet City
Standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the
PCA 98-02 Page 4
edge of sidewalk to any vertical obstruction. The driveway shall be available during all
hours of operation for the loading and unloading of children. If a garage exists on-~ite,it
must be utilized for parking of personal vehicle(s/. In the event that less than a two car
garage exists on-site, the owner must designate an area on-site other than on the driveway
so that a total of two personal vehicles can be parked on-site, including the garage.
Notwithstanding the foregoim,, applicant must comply with all other Municipal/Code
provisions as to parking and traffic.
The proposed change in distance separation requirements is consistent with that adopted by State
Law in terms of establishing spacing and concentration restrictions for adult care facilities.
ANALYSIS
Section 19.58.147 of the Municipal Code outlines a number of standards which must be met in
order for the Zoning Administrator to issue a large family day care permit. One such existing
standard concerns the proximity of large family day care homes to one another. Currently, this
standard states that a large family day care home not be located within 1200 feet of another such
facility on the same street. With the increase in the number of children now allowed in such a
facility, staff believes this distance separation is not adequate to prevent an over-concentration of
such facilities within a neighborhood. The current standard would allow for a concentration of
facilities within a particular neighborhood as long as none of them are located along the same
street (see Attachment 3).
Secondly, staff believes the current standard regarding providing an area for loading/unloading
of children is inadequate and may encourage or force on-street parking of personal vehicles and
on-street or curb-side drop off/pick up of children. Staff recommends amending this standard to
ensure there is sufficient on-site parking for both the owners personal vehicles as well as for a
safe area for the loading and unloading of children. Staff recommends requiring a minimum 16
foot wide driveway be required to accommodate the pick up and drop off of children.
The City's Child Care Commission, at their monthly meeting of October 7, 1997, recommended
that an exception be made to this requirement for a 16 foot wide driveway in the case of a lot with
an existing extra long single wide driveway. They believe that adequate pick up and drop off area
can be provided in these cases through the use of tandem parking. Staff does not concur with this
recommendation and believes it would be difficult for parents to maneuver in and out of the
driveway during pick up and drop off of children if a tandem situation were to be allowed.
Survey of Cities
A survey of other cities within San Diego County pertbrmed by staff in conjunction with this
report indicates there are a wide range of distance restrictions addressing the issue of spacing and
PCA qB-O?, P~ge ~
concentration of facilities as well as with the processes and procedures required to grant a large
family day care permit. Staff is recommending a 300 foot separation which is near the midpoint
of the range of distance separations required by various jurisdictions within San Diego County.
The survey revealed a range of no distance separation (and relying solely on state law provisions)
to a 700 foot radius distance restriction. Staff further believes the proposed 300 foot separation
is consistent with how the State addresses the issue of spacing and concentration as they require
this separation for adult care facilities.
Attachment 3 delineates how less than a 300 foot separation has the potential to allow a
concentration of facilities within a neighborhood, which staff believes could lead to negative
impacts on the area.
CONCLUSION
Based upon the above analysis, staff recommends:
(1) The current required distance separation be amended to add a 300 foot distance
separation between large family day care homes which will avoid an over-
concentration of such uses in the same neighborhood.
(2) The additional restriction that the owner must keep the driveway free and clear
during all hours of operation of the facility which will reduce congestion and
confusion for parents dropping off and picking up children.
(3) A clean-up of section 19.58. 147(E) relating to provisions of on-site parking areas
in order to ensure adequate parking as well as drop off/pick up area is provided on-
site at the residence.
FISCAL IMPACT: This proposed ordinance change has no direct fiscal impact on the City.
Costs associated with the processing of large family day care permits are paid for by the applicant.
Attachments
Council Ordinance
2. Draft Planning Commissinn Minutes and tJnsigned Resolution
3. Example of concentration of large family day care homes.
ORDINANCE NO. ~'~ ~/7
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING SECTIONS 19.58.147 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO REQUIRED STANDARDS FOR LARGE FAMILY DAY
CARE HOMES.
WHEREAS, the City has initiated a request to amend the Municipal Code to add a more
restrictive distance separation between facilities, require the provision of two on-site parking
spaces for the parking of owners vehicles and a double wide driveway for loading and unloading
of children, and reduce the public noticing radius, and
WHEREAS, the current Zoning Ordinance standards requiring a 1200 foot separation
between large family daycare facilities only when located along the same street would allow a
concentration of facilities within a neighborhood, and
WHEREAS, the addition of a more stringent 300 foot distance separation in all directions
would prevent potential negative impacts to the neighborhood by preventing concentration of
facilities, and
WHEREAS, this additional distance separation requirement will not unduly restrict
locations of future large family day care facilities within the City of Chula Vista, and
WHEREAS, the current Zoning Ordinance standards suggest but do not require that a two
car driveway be free and clear to allow for the required area for the temporary loading and
unloading of children, and
WHEREAS, on November 5, 1997 City Planning Commission voted 5-0-0-2 to amend
section 19.58. 147 as set forth below, and
WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code
amendment application and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city and its mailing to property owners
within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing;
and
WHEREAS, the hearing was held at the time and place as advertised, namely December
16, 1997 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 19.58.147 of the Chula Vista Municipal Code is hereby
amended to read as follows:
A large family daycare home shall be allowed in the R-E and R-1 zones, and within the
PC designated RE and RS zones, upon the issuance of a large family daycare permit by the
Zoning Administrator and in compliance with the following standards:
A. Notice shall be given to properties within 300 feet of the proposed large family daycare
home at least ten (10) days prior to consideration of the permit.
B. The permit shall be considered without public hearing unless a hearing is requested by the
applicant or other affected party. The applicant or other affected party may appeal the
Zoning Administrator's decision to the Planning Commission.
C. The family daycare function shall be incidental to the residential use of the property.
D. A large family day care home shall not locate within:
1.~. Three hundred (300) feet of another such facility with said measurement being
defined as the shortest distance between the property lines of any such facilities:
and
2_. Twelve hundred (1200) feet of another such facility on along the same street a~
........ ~' ' .... '~ ....... :~- '- .... '~-:~ ~ '" .......... with said measurements
being defined as the shortest distance between front property lines, as measured
along the same street, of any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet City
Standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the
edge of sidewalk to any vertical obstruction. The driveway shall be available during all
hours of operation for the loading and unloading of children. If a garage exists on-site.it
must be utilized for parking of versonal vehicle(s). In the event that less than a two car
garage exists on-site, the owner must designate an area on-site other than on the driveway
so that a total of two personal vehicles can be parked on-site, including the garage.
Notwithstanding the foregoing, applicant must comply with all other Municipal/Code
provisions as to parking and traffic.
F. If in the opinion of the Zoning Administrator there is a potential for significant traffic
problems, the Zoning Administrator shall request review of the application by the City
Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the
daycare permit in these instances to ensure maintenance of traffic safety levels within the
vicinity of the home.
G. A usable rear yard play area of 1,200 sq. ft. shall be provided. Outdoor play activity shall
not be allowed in the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding
properties. The Zoning Administrator may impose reasonable requirements to alleviate
noise, including but not limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
SECTION II: FINDINGS
The City Council hereby finds that the text amendment will enhance the health, safety and
welfare of the citizens of Chula Vista based upon the following:
1. The additional distance separation requirement between large family day care
homes will avoid an over-concentration of such uses in the same neighborhood.
2. The additional restriction that the owner must provide on-site parking and keep the
driveway free and clear during all hours of operation of the facility will reduce
congestion and confusion for parents dropping off and picking up children.
Presented by /,/ ,/ Approved as to form by
Ken John M. Kaheny
Director of Planning (Acting) City Attorney
EXHIBIT A
Section 19.58.47 Family Daycare Homes, Large
A large family day care home shall be allowed in the R-E and R-1 zones, and within the
PC designated RE and RS zones, upon the issuance of a large family daycare permit by the
Zoning Administrator and in compliance with the following standards:
A. Notice shall be given to properties within 300 feet of the proposed large family day care
home at least ten (10) days prior to consideration of the permit.
B. The permit shall be considered without public hearing unless a hearing is requested by the
applicant or other affected party. The applicant or other affected party may appeal the
Zoning Administrator's decision to the Planning Commission.
C. The family daycare function shall be incidental to the residential use of the property.
D. A large family day care home shall not locate within:
Three hundred (300) feet of another such facility with said measurement being
defined as the shortest distance between the property lines of any such facilities:
and
Twelve hundred (1200) feet of another such facility on along the same street ~
........ ~ ~ .... '- ....... :^- ~- .... ~:~ -f "--prc, pcrty with said measurements
being defined as the shortest distance between front property lines, as measured
along the same street, of any such facilities.
E. The owner must provide a double-wide driveway which shall be paved to meet City
Standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the
edge of sidewalk to any vertical obstruction. The driveway shall be available during all
h0urs of operation for the loading and unloading of children. If a garage exists on-site.it
must be utilized for parking of personal vehicle(s). In the event that less than a two car
earaee exists on-site, the owner must designate an area on-site other than on the driveway
so that a total of two personal vehicles can be parked on-site, including the garage.
Notwithstanding the foregoing, applicant must comply with all other Municipal/Code
provisions as to parking and traffic.
F. If in the opinion of the Zoning Administrator there is a potential for significant traffic
problems, the Zoning Administrator shall request review of the application by the City
Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the
daycare permit in these instances to ensure maintenance of traffic safety levels within the
vicinity of the home.
G. A usable rear yard play area of 1,200 sq. ft. shall be provided. Outdoor play activity shall
not be allowed in the front or exterior side yard of the home.
H. Play areas shall be designed and located to reduce the impact of noise on surrounding
properties. The Zoning Administrator may impose reasonable requirements to alleviate
noise, including but not limited to installation of a six-foot high block wall around the
perimeter of the rear yard.
PROOF OF P!JBLICATfbN This space is for the CounlyClerk'sfilingslamp
(2015..5. C.C,P,) ..
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and Proof of Publicaton of:
a resident of the County aforesaid; I am cv 10156
over the age of eighteen years and not
PUBLIC HEARING
a party to or interested in the above- . .................................................
entitled ma~er. I am the principal clerk
of the printer of the STAR-NEWS, a
CflULA VBTA Cfl~
newspaper of general circulation, pub-
lished ONCE WEEKLY in the city of
VEN TI'~T
Chula Vista and the South Bay Judicial WTA
District, Coun'ty of San Diego, which
·A smias of amm~l-
men~ 1o Ihe MufYcilxd Code
newspaper has been adjudged a news-
paper of general circulation by the
Superior Court of the Coun~ of San
Diego, State of California, under the
date of April 23, 1951, Case Number
182529; that the .notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
12/06 ~~-
t~~m~
all in the year 1997
I cedi~ (or declare) under penalty of ~,~~.~"~"'~'~-
perjuw that the foregoing is true and
correct. ,
I~ ~ C~ ~'s~-
Dated at Chula Vista, California 91910
this 06 dayof December , 19 97 ~,P~
Signet
COUNCIL AGENDA STATEMENT
Item No.: '/~ ~
Meeting Date: 12FI6/97
ITEM TITLE: Public Hearing: PCA 98-01; Consideration of a series of
amendments to the Chula Vista Municipal Code to allow the
adoption and administration of an enhanced code enforcement
program.
SUBMITTED BY: Director of Building and Ho i~L''~
REVIEWED BY: CityManager~._~__~~ (4/5thsVote: Yes__ No XX )
Staff recommends the public hearing be continued to the meeting of 1/20/98.
1
COUNCIL AGENDA STATEMENT
Meeting Date 12116197
ITEM TITLE: PUBLIC HEARING: To RECEIVE AND CONSIDER PUeUC COMMENT AND ADOPT THE
PROPOSED AMENDMENT TO THE FY 1997-98 CDBG CONSOLIDATED ANNUAL PLAN TO
INCLUDE THE PROPOSED HUD SECTION 108 SMALL BUSINESS REVOLVING LOAN FUND
ACTIVITY
RESOLUTION /~'/o'~-~'~''' ADOPTING THE AMENOMENT TO THE FY 1997-98
COMMUNITY DEVELOPMENT DLOCR .RANT CO.SOL,. T . TO
INCLUDE THE HUD SECTION 108 SMALL BUSINESS REVOLVING LOAN FUND ACTIVITY
SUBMITTED BY: Community Development Director ~ ~,
BACKGROUND:
Council previously approved the use of CDBG funds to hire a consultant to assist staff to develop a HUD
Section 108 Loan/Loan Guarantee Program. 0n August 5, 1997, Council approved the Consultant's (Claggett
Wolfe Associates) Phase I feasibility findings and directed staff and the Consultant to proceed with preparing
a Section 108 application and developing a Small Business Revolving Loan Program. Prior to submitting the
Section 108 application, the proposed Section 108 activity must be included in the City's adopted CDBG
Consolidated Annual Plan. The proposed Amendment to the FY 1997/98 Consolidated Annual Plan and
"presubmission application" are attached for your review (see Attachment A, Section I, pg. 11 and
Attachment B, respectively).
This is the second of two noticed public hea~ings on the proposed amendment. The first public hearing was
held on November 25, 1997. No public input has been received to-date. If Council approves the Amendment,
staff will then prepare the final application. A public hearing will be held on the final application and staff
will seek Council approval prior to its submission to HUD,
RECOMMENDATION: That the City Council conduct the second public hearing to: 1) accept public
comment on the amendment to the FY 1997/98 CDBG Consolidated Annual Plan to include the proposed
HUD Section 108 Small Business Revolving Loan Fund Activity; and 2) adopt the Resolution adopting the
CDBG plan amendment.
BOARDSlCOMMISSIONS RECOMMENDATION: Staff presented a HUD Section 108 funded Business
Loan/Loan Guarantee Program Issue Paper to the EDC. The EDC by consensus recommended that staff move
fo~ard on the project.
Page 2, Item __
Meeting Date 12116197
DISCUSSION:
A. PROPOSED SECTION 108 REVOLVING LOAN FUND ACTIVITIES:
As discussed in the August 5, 1997 staff report, the proposed Section 108 authorization will fund a
Revolving Loan Fund (RLF) to assist businesses in Chula Vista to expand and to recruit new businesses to
the City. The Section 108 program allows the City to "borrow against" future annual CDBG allocations to
make loans to private business. The loans are repaid by the business borrowers. The City pledges its
future CDBG funds as collateral. The risk to the City will be minimized by conservative program guidelines,
and by review of each loan by a Chula Vista loan committee which will fully analyze the applicant's credit
worthiness and require appropriate collateral from loan recipients. Eligible activities could include such items
as real estate or equipment acquisition. The RLF will be capitalized in an amount up to 1,ooo,ooo. The
actual authorization amount requested of HUD will be determined by Council at the third public hearing to
consider the final Section 108 application. Section 108 funds will be drawn down only as needed for each
individual loan.
The Consultant is assisting staff in developing the RLF lending guidelines, establishing the loan committee
and preparing a comprehensive loan manual. Examples of RLF policies being developed include eligible
businesses and uses of funds, targeted areas and/or industries (if any), minimum and maximum loan amounts,
specific underwriting criteria, private dollar matching requirements, and application review and approval
process. Examples of procedures to be developed include all aspects of loan administration, including
staffing issues and potential contracts for service. Upon completion of the proposed RLF guidelines, staff
will return to Council with a report and presentation of the proposed RLF Loan Program Manual, as well
as specific recommendations related to RLF program staffing needs. It is anticipated that the RLF will be
operational by the beginning of FY 1998/99.
B. AMENDED CDBG PLAN AND "PRESUBMISSION" APPLICATION
Prior to the City submitting a Section 108 application, the CDBG Consolidated Annual Plan must be amended
to include the proposed Section 108 activity, and two noticed public hearings must be held to allow for
citizen input. The Amended FY 1997198 Consolidated Annual Plan (Attachment A) includes the proposed
Small Business Revolving Loan Fund (RLF). The RLF satisfies the City's and HUg's community development
objectives by enhancing current efforts to expand entrepreneurship, eliminate slums and blight, and create
new employment opportunities. Specifically, the RLF will meet the HUD CDB6 national objectives by
providing employment opportunities, 51% of which will be available to Iow and moderate income citizens.
A "presubmission" application was available for public review during the public comment period for the
amendment to the Consolidated Annual Plan (Attachment C). The presubmission application summarizes the
RLF's community development objectives, eligible loan activities, and the requirement to pledge the City's
annual CDBG grants as collateral for the Section 108 loans.
Page 3, Item__
Meeting Date 12116197
Following the two public hearings and Council approval of the Plan Amendment, the consultant will assist
staff to develop a final Section 108 application. The final application will delineate basic, standard
underwriting criteria such as the maximum loan maturity, cash flow to debt coverage, co[lateral
requirements, etc. The final application will be brought to Council for review and approval prior to
submission to HUD (in approximately 3 months). It is anticipated that the HUD review process will
taka an additional 3.5 to 5 months.
FISCAL IMPACT: Council previously appropriated CDBG funds for the Section 108 consultant. There
is no additional fiscal impact associated with staff's recommendation. (A preliminary analysis of overall
Section 108 Business Loan Program impacts was presented to Council on August 5. For information
regarding these overall Program impacts, see Attachment D.)
{DDA) H:IHOMEICOMMDEVISTAFF.REP~12,16.971SECTION.108 (Oeceo~ber 2, 1997 (11:22am)]
RESOLUTION NO. -~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE AMENDMENT TO THE FISCAL YEAR 1997/98
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED
ANNUAL PLAN TO INCLUDE THE HUD SECTION 108 SMALL BUSINESS
REVOLVING LOAN FUND ACTIVITY
WHEREAS, on August 5, 1997, Council approved the Consultant's (Claggett Wolfe
Associates) Phase I feasibility findings and directed staff to proceed with preparing a HUD Section 108
application to fund a small business revolving loan fund; and
WHEREAS, prior to submitting the HUD Section 108 application, the proposed Section 108
activity must be included in the City's adopted FY 1997-98 CDBG Consolidated Annual Plan; and
WHEREAS, two public hearings have been held to allow for public input on the proposed
amendment to the City's adopted FY 1997-98 CDBG Consolidated Annual Plan; and
WHEREAS, the proposed amendment and a presubmission application have been available
for public review; and
WHEREAS, any and all public comment received on the proposed amendment to the
adopted FY 1997-98 CDBG Consolidated Annual Plan has been reviewed and considered.
NOW, THEREFORE, BE IT RESOLVED that the following language be included in the
amended FY 1997-98 CDBG Consolidated Annual Plan:
Section I. Section 108 Revolving Loan Fund
The City will utilize a Revolving Loan Fund to assist businesses in Chula Vista to expand existing
operations or establish new business ventures within the City's corporate boundaries. The Section 108
Revolving Loan Fund is eligible under Section 570.703(I)(1). The Section 108 Revolving Loan Fund will
adhere to the national objective of Iow/mod benefit by providing employment opportunities, 51% of which
are available to (or held by) Iow and moderate income citizens. As a 570.203 activity, each project will
conform to the mandatory individual and aggregate public benefit thresholds (1 job per 950,000 of Section
108 participation; 1 job per 935,000, respectively) enumerated in 570.209. The Section 108 revolving
Loan Fund will be capitalized in an amount up to $1,000,000 and will fund activities such as real estate
or personal property acquisition, working capital, tenant improvements and furniture, fixtures, and
equipment.
Presented by Approved as to form by
Chris Sa I om one ~'~e r~'~~--*~
Director of Community Development ~0rn~y
[(DDA) H:\HOME\COMMDEV\RESOS/CDBG {December 9, 1997 (12:31 pm)]
CITY COUNCIL AGENDA STATEMENT
Item. C~/
Meeting Date 12/16/97
ITEM TITLE: Report on request for a traffic signal at the intersection of Broadway and
Flower Street.
Resolution / ~9/~TAuthorizing the transfer of $30,000 from the existing
balance of Project No. TF220 - Traffic Signal/I-805 at Otay Valley Road
for the design of traffic signals at Broadway and Flower Street.
SUBMITTED BY: Director of Public Works~/~
Chief of Police/~ ..~';~(~/~
REVIEWED BY: City Managerx.~J(~ ~(_~-x4~ '] (4/5ths Vote: YesXNo .)
In September 1997, staff received a written request from Geraldine Fernandez, 590 Flower Street
#7, with a petition to consider installation of a traffic signal at the intersection of Broadway and
Flower Street. The request cited the need for a traffic signal because of the accidents and many
near misses at the intersection of Broadway and Flower Street. On November 25, 1997, the
Council authorized the appointment of an adult crossing guard at the intersection of Broadway and
Flower Street and, based on new information, staff requested time to further analyze the impacts
of Feaster School's expansion to determine how to best use the $36,000.00 set aside for traffic
improvements as impact fees levied as part of approval of the expansion.
RECOMMENDATION: That the City Council accept staff's report and approve the resolution
authorizing the transfer of $30,000 from the existing balance of Project No. TF220 (account No.
600-6005-TF220) Traffic Signal/I-805 at Otay Valley Road to a new CIP project number TF257
"Traffic Signal Broadway and Flower Street", for the immediate design of traffic signals at that
intersection.
BOARDS AND COMMISSIONS RECOMMENDATIONS: At the October 9, 1997 Safety
Commission meeting, the Commission voted unanimously 6-0-1 (one vacancy) to accept staff's
report and: 1) recommend an adult crossing guard with the Chula Vista Elementary School District
funding 50% of the costs; 2) recommend the immediate installation of a flashing beacon and that
Council consider the installation of a traffic signal when the school warrants are met and funds can
be budgeted for construction of the signal at the intersection of Broadway and Flower Street.
DISCUSSION:
Even before receiving the petition from Geraldine Fernandez, staff had already started an analysis
of traffic conditions at the subject intersection. When considering an intersection for traffic signal
control, staff looks at several factors to determine the need for installation. Pedestrians and
vehicle volumes, accident history, and physical factors such as sight distances (sight distance is
good for 400' in each direction), speed of vehicles, and curves, both horizontal and vertical, and
proximity to other traffic signals are all considered. Staff also considers the 85th percentile speed,
which is that speed at which 85 % of the vehicles are traveling at or below, and is used as the first
approximation of what the posted speed limit should be. The 85th percentile speed on Broadway
/
Page 2, Item
Meeting Date 12/16/97
is 40 MPH. The posted speed limit on Broadway is 35 MPH, except when children are present,
it is 25 MPH due to the proximity of the school. Traffic signals and flashing beacons, because
of their expense, must be budgeted and consequently have a longer lead time for the construction
approval process.
Staff's initial recommendation on November 25 was to install an overhead flashing beacon at this
intersection. However, since: 1) Council has already approved the immediate assignment of an
adult crossing guard at this location; 2) staff has recently completed the traffic signal warrants for
the 1998 Traffic Signal Priority List; and 3) Broadway and Flower Street is ranked number (1) one
on this list, staff believes that the $30,000 initially requested for the installation of flashing
warning beacons at this location will be much more responsibly spent in the design of the proposed
signal for this intersection. The total cost for the traffic signal is estimated to be $160,000, or
$130,000 more than the estimated cost of the flashing beacon. An additional appropriation in next
fiscal year's CIP budget would be required to complete the installation of the traffic signal.
Design and construction of the flashing beacons for this location would take until approximately
May or June of 1998 to complete. Conversely, staff believes that design of the recommended
traffic signal could be completed by May with advertising at that time and under construction by
summer of 1998 using 1998/99 CIP funds for the construction. Since the adult crossing guard will
be assigned during this time frame, staff believes that it would be a more fiscally prudent use of
available funds to proceed with the design and construction of the traffic signal at this location.
In order to minimize the impacts of the additional signal on through traffic on Broadway, the new
signal would be operated in manner such that the signal remains green on Broadway except when
traffic is actually present on the side street (Flower St.).
In order to be able to assess the impacts of the closure of Jefferson Avenue, staff performed
"before" and "after" studies at the key locations. The "before" studies were taken in October,
1996. Our "after" studies were performed in November and December, 1997. Those studies
indicated that the improvements that were proposed at the intersection of Broadway and "E" Street
are required at this time. It was determined that southbound to westbound right turns at Broadway
and "E" Street increased from about 150 vehicles before the closure of Jefferson Avenue, to about
430 vehicles after the closure. These numbers represent the traffic counted during the 2 hour
period from 7:00 A.M. to 9:00 A.M. In addition, the eastbound to northbound left turn increased
from 230 vehicles before the closure to 370 vehicles after the closure for the same 2 hours. This
increase appears to be a result of the 246 vehicles that used to turn right from southbound
Jefferson Avenue to westbound "E" Street.
In order to mitigate the impact of the closure of Jefferson Avenue, staff still recommends the
installation of a southbound right turn overlap phase on Broadway to operate in conjunction with
the eastbound left turn phase on "E" Street. The closing of Jefferson Avenue to accomodate the
expansion of Feaster Elementary School created a change in traffic patterns as predicted by staff
and those improvements are needed. The School District has sent the City a check in the amount
necessary to do the traffic signal modification work at the intersection of Broadway and "E" Street
and City staff can work on both projects simultaneously.
Page 3, Item
Meeting Date 12/16/97
At the time of our last report to the Council in November of this year, the intersection of
Broadway and Flower Street was on the 1997 Traffic Signal study list and was ranked 9th on the
list of 10 intersections studied. Due to the high cost of traffic signals ($160,000), staff could not
recommend any new signal locations until all other locations have been studied and the locations
ranked by priority has been reviewed by the Safety Commission and the City Council. The 1998
signal priority list has been completed and presented to the Safety Commission in December for
review and will be on their agenda for approval in January 1998.
As a reference, the 1997 and 1998 lists are included with this report for your information and
shows how this intersection ranked in comparison to ten other potential traffic signal locations.
In completing the 1998 Traffic Signal evaluation studies, staff determined that the subject location
scored 51 points under existing conditions. However, to remain fair and consistent, the other 10
locations had to be surveyed to determine the number of points that they reached at the present
time. While there were increases in points due to traffic volume increases, distance to the school
under the State warrant system due to expansion of the school site closer to Broadway, change in
traffic patterns due to the closure of Jefferson and other minor factors, the largest single reason
the signal ranking increased from the 1997 list to the 1998 list is the number of accidents. These
could not have been predicted when we studied the District's request for closure of Jefferson
Avenue.
Staff has had discussions with the Chula Vista Elementary School District and Dr. Catherine
Rodriguez, Principal of the Edison Feaster School about sharing the costs for both the flashing
signal and the crossing guard. Since Edison Feaster School is a charter school, the costs would
have to come directly out of the School's budget and not the District's overall budget according
to Dr. Lowell Billings, Assistant Superintendent. Dr. Rodriguez indicated verbally to staff that
they would share the cost of the crossing guard, at least for the current fiscal year. If the signals
are installed in the beginning of the upcoming Fiscal Year, it is staff's belief that the need for the
adult crossing guard will be eliminated and therefore funding this position will no longer be
necessary.
In addition, the district is committed to pay the cost of signal improvements at Broadway and "E"
Street and striping improvements on Flower Street at Broadway required by Council as a condition
of vacating Jefferson Avenue. Staff has completed the striping, signing and markings, but the
signal modification at Broadway and "E" Street has not yet been started. The school district staff
indicated that they may agree to allow any excess funds to be used towards the traffic signal at
Broadway and Flower Street. The school district staff is not willing to recommend allocating any
additional funding toward the signal installation. Staff is still pursuing this sharing of the
construction funding.
Therefore, it is staff's recommendation that Council authorize the transfer of $30,000 from the
existing balance of project no. TF220 - Traffic Signal/I-805 at Otay Valley Road for the immediate
design of the signal at Broadway and Flower. Project TF220 has an total unexpended,
unencumbered balance of approximately $90,000. All work has been completed on that project,
and only a few minor close out details are needed to be finished before the funds can be returned
Page 4, Item
Meeting Date 12/16/97
to the Traffic Signal Fund. The additional $130,000 of funds needed for the Broadway/Flower
Street signal will be proposed for funding from the Traffic Signal Fund in next year's CIP, but
staff will continue to pursue school district funding of up to 50% for this project.
All area residents, including the Edison Feaster Elementary School principal, Dr. Catherine
Rodriguez, and Dr. Lowell Billings of the Elementary District have been notified of tonight's
meeting.
FISCAL IMPACT: The amount for the design of this traffic signal is estimated to cost $30,000.
Funds are available from the funds remaining in CIP Project No. TF220. TF220 has a total
unexpended balance of approximately $90,000. The remainder of the funds will be returned to
the overall fund for reallocation with next year's CIP program. The cost for a traffic signal at this
location is estimated to be $160,000 including construction, design, inspection and incidental
costs. The additional $130,000 will be recommended in next year's CIP.
Attachments:
1. Area Plat (Signing and Pavement Markings on Broadway)
2. Caltrams Traffic Manual - School Arear Pedestrian Safety
3. Speedlimit - Engineeering/traffic survey/radar study/accident data
4. Gap study at Broadway/Flower Street
5. Pedestrian Counts
6. Letter with petition (signatures)
7. 1997 and 1998 Signal Priority Lists
8. Safety Commission Minutes 10/9/97
9. Peak period turning movement analysis
File No.: 0120-10-KY119
0760-95-CY029
H :\HOME\ENGINEER\AGENDA\BDWY-FLR.DMW
RESOLUTION NO. 18827
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE TRANSFER OF
$30,000 FROM THE EXISTING BALANCE OF PROJECT
NO. TF220 TRAFFIC SIGNAL/I-805 AT OTAY
VALLEY ROAD FOR THE DESIGN OF TRAFFIC SIGNALS
AT BROADWAY AND FLOWER STREET
WHEREAS, in September 1997, staff received a written
request from Geraldine Fernandez, 590 Flower Street #7, with a
petition to consider installation of a traffic signal at the
intersection of Broadway and Flower Street; and
WHEREAS, the request cited the need for a traffic signal
because of the accidents and many near misses at the intersection
of Broadway and Flower Street; and
WHEREAS, on November 25, 1997, the Council authorized the
appointment of an adult crossing guard at the intersection of
Broadway and Flower Street and, based on new information, staff
requested time to further analyze the impacts of Feaster School's
expansion to determine how to best use the $36,000 set aside for
traffic improvements as impact fees levied as part of approval of
the expansion; and
WHEREAS, it is staff's recommendation that Council
authorize the transfer of $30,000 from the existing balance of
Project No. TF220 - Traffic Signal/I-805 at Otay Valley Road for
the design of traffic signals at Broadway and Flower Street.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the transfer of $30,000
from the existing balance of Project No. TF220 (Account No. 600-
6005-TF220) Traffic Signal/I-805 at Otay Valley Road to a new CIP
Project No. TF257 "Traffic Signal Broadway and Flower Street", for
the immediate design of traffic signals at that intersection.
Presented by Approved as to form by
JohnPublic P'WOrksLippitt' Director of ~. Kaheny, City~ey
C: \rs\crossgrd
CITY COUNCIL AGENDA STATEMENT
Item ~'~ ~--
Meeting Date 12/16/97
ITEM TITLE: Report on request for an all-way stop at the intersection of Hidden Vista
Drive and Woodhouse Avenue.
SUBMITTED BY: Director of Public Works~ ,~.
REVIEWED BY: City Manager~ ~ ~ ~ (4/5ths Vote. Yes__No X ~
In July 1997, staff received a petition from ~ff'. Jim Platel, 455 Lawn View Drive, asking if a way
could be found to discourage traffic from using Hidden Vista Drive as a short cut. He also wanted
all-way stops installed on Hidden Vista Drive at Woodhouse Avenue and at Windrose Way to
discourage motorists from using Hidden Vista Drive as a through street and to cut down on the
speed of traffic. Staff and the Safety Commission did not agree on the recommendation and in
accordance with City Council Policy, the issue is referred back to the City Council for final
resolution.
RECOMMENDATION: That the City Council accept staff's report and deny the request for an
all-way stop at the intersection of Hidden Vista Drive and Woodhouse Avenue.
BOARDS AND COMMISSIONS RECOMMENDATIONS: At the October 9, 1997 Safety
Commission meeting, the commission voted 4-2-1 (Liken and Acton voting no and one vacancy
on the commission) to accept staff's report and: 1) approve the request for an all-way stop at the
intersection of Hidden Vista Drive and Windrose Way; 2) direct staff and the Police Department
to continue to monitor cut through traffic on Hidden Vista Drive between Terra Nova Drive and
East H Street; 3). enforce the posted speed limit of 25 mph; 4) prohibit on-street parking in front
of 453 and 457 Hidden Vista Drive for sight distance and; 5) install an all-way stop at the
intersection of Hidden Vista Drive and Woodhouse Avenue.
DISCUSSION:
In response to Mr. Platel's petition, staff investigated his concerns when school was back in
session in September and presented a report at the October Safety Commission meeting. An
analysis of all-way stops at each of the two intersections identified in his letter of July 16, 1997
was conducted by staff. Those intersections were on Hidden Vista Drive at Woodhouse Avenue
and at Windrose Way. Each intersection was evaluated independently for an all-way stop
installation. Staff's recommendation was to install the all-way stop only at Hidden Vista Drive
and Windrose Way for the following reasons:
1. The all-way stop would help assign the right of way during the peak traffic hours when
there are many turning movements and school busses are using the intersection.
Page 2, Item
Meeting Date 12/16/97
2. It would provide a controlled intersection at a location which has limited visibility and
where 23 pedestrians (8 students) were crossing Hidden Vista Drive without protection.
3. The intersection of Windrose Way has a higher volume of side street traffic and had a
higher point score based on the existing all-way stop policy.
4. The intersection at Woodhouse Avenue had a very low point score, did not meet any of the
Caltrans All-Way Stop Warrants, and had no conditions which would otherwise justify an
all-way stop due to engineering judgement as were present at the Windrose Way
intersection.
The Safety Commission concurred with staff regarding the need for an all-way stop at the
intersection of Windrose Way, the intersection nearest to Clear View Elementary School. Staff
has installed the all-way stop at the intersection in accordance with City Council Policy #110-09.
The all-way stop installation of Hidden Vista Drive and Windrose Way was completed on October
30, 1997.
The Commission took a contrary position to staff and recommended an additional all-way stop at
the intersection of Hidden Vista Drive and Woodhouse Avenue. City Council Policy #110-09
"Safety Commission Policy - Delegating Additional Authority" states in part, that when it involves
a request from the public and, "If the Safety Commission's vote is contrary to the City Engineer's
recommendation, the traffic item will be referred to the City Council and the authority as to such
matters shall, on such referral, be vested in the City Council to be exercised on the affirmative
vote of three members of the City Council".
Hidden Vista Drive and Woodhouse Avenue
The intersection of Hidden Vista Drive and Woodhouse Avenue is a T-intersection with an
existing stop sign on Woodhouse Avenue stopping northbound traffic. In this area, Hidden Vista
Drive is a 42' wide collector street and functions as such. It extends between Terra Nova Drive
and East H Street and serves as access to the Terra Nova Park and Clear View Elementary School,
as well as the main entrance to Terra Nova Shopping Center. All of these facilities are significant
traffic generators. A speed survey was conducted on September 16, 1997, near Woodhouse
Avenue, and the study results show an 85th percentile speed of 36 mph westbound and an 85th
percentile speed of 32 mph eastbound. An 85th percentile speed of 32 M.P.H. or higher will
generate complaints of speeding within a residential area, particularly if there is an adjacent school
and/or park. Hidden Vista Drive has an average daily traffic (ADT) of 4,450. Woodhouse
Avenue is a 36' wide residential street with approximately 420 ADT.
An all-way stop warrant evaluation was conducted and this evaluation, which assessed points to
various traffic factors, revealed that the intersection at Hidden Vista Drive and Woodhouse
Page 3, Item
Meeting Date 12/16/97
Avenue received a total of 12 points. The total number of possible points is 54, where 30 points
satisfy the minimum warrants needed to justify the installation of an all-way stop.
Pedestrian studies were completed and the number of pedestrians crossing the major street (Hidden
Vista Drive) was 115, most of which crossed in the marked crosswalk on the west leg of the
subject intersection. Of the total number of pedestrians crossing Hidden Vista Drive, 83 or 72 %
were school age. Of the 83 total school age pedestrians, 66 or 80% crossed during the time that
the Safety Patrol was on duty. Clear View Elementary School and the park are located to the west
and some students are driven to school by parents. The parents driving their children to and from
school and other activities, creates additional vehicle trips (4 per day per student) across the
crosswalk.
A review of the accident history for this intersection from January 1, 1991 through July 31, 1997
(a period of 6.5 years), showed one reported accident. This accident occurred on December 24,
1993 at approximately 8:40 a.m. when a westbound vehicle sideswiped another westbound vehicle
attempting to turn left at Woodhouse Avenue and Hidden Vista Drive.
The Safety Commission considered the relocation of the School Safety Patrol to the controlled
intersection of Hidden Vista Drive and Windrose Way. However, after hearing testimony from
Leslie Woldt, Director (Principal) of Clear View School, the commission and staff agreed that the
Safety Patrol should remain at it's existing location. The existing school crosswalk channels the
school children into a direct path to the side of the school and away from turning movements and
away from vehicles dropping students in front of the school. Ms. Woldt concurred with city staff
that the all-way stop control should be installed at Windrose Way, but not at Woodhouse Avenue.
Staff does not recommend the installation of the all-way stop at the intersection of Hidden Vista
Drive and Woodhouse Way for the following reasons:
1. The intersection is operated by the School Safety Patrol during the hours when children are
going to and from school (up to 80% of the pedestrian traffic at this intersection).
2. This intersection has better visibility than the intersection at Windrose Way and less side
street traffic.
3. The intersection has a good safety record and a lower point score based on the all-way stop
policy.
4. The west side of this intersection is only 351 feet from the east side of the intersection at
Windrose Way.
5. Stop signs are not an effective tool to control the speed of traffic.
Page 4, Item
Meeting Date 12/16/97
6. Hidden Vista is classified as a collector and functions as a collector. While collectors may
require more stops than arterials, they are meant to carry heavier volumes of traffic and
should not be overburdened with unnecessary stops.
In summary, staff does not believe that an all-way stop intersection should be installed on Hidden
Vista Drive at Woodhouse Avenue because of the reasons itemized above clearly show the lack
of justification including points, warrants met or engineering judgment.
Area residents, Mr. Jim Platel and the School Principal, Ms. Leslie Woldt have been notified of
tonight's meeting.
FISCAL IMPACT: $500 for the all-way stop and red curb for parking prohibition.
Attachments:
~l~! All-Way Stop Study
~,~ Area Plats
Engineering Traffic Survey
Petition Dated 6-30-97
Radar Surveys
Safety Commission Minutes from October 9, 1997 (excerpt)
Traffic Collision Report
Vehicle Speed Survey
File: 0120-10-KY-119
0760-95-CY-029
H :\HOME\ENG1NEER\AGENDA\HIDNVIST.RRL