HomeMy WebLinkAboutAgenda Packet 1991/06/04Tuesday, June 4, 1991
4:00 p.m.
"1 declare under penalty of perjury that I affi
employed by the City of Chula Vista in the
Odice of t~e City C~rk and that I posted
t;~.is As~n~a/~'{otico on the Bulletin Board at
DATED:the Publ[c~/~;/Services SIGN~ ~~ Council Ch~bers
~/~1~/ Bul~in~and at City Ha on
' ~ Public Se~ces Bu~d~g
Regular Meetins~ of the City of Chula Vista CiD/Council
C~T.t.Fn TO ORDER
1. CALL THE ROLL: Councflmembem Malcolm , Nader
Tempore Moore __.
, Rindone and Mayor Pro
2. pLRDGE OF P. IJ.F. GIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: May 22, 23, & 28, 1991
SPECIAL ORDERS OF THE DAY:
Prodalrnlng the month of June 1991 as 'Water Safety Month". Proclamation will be
presented to Mark Basnight, Aquatic Coordinator.
Proc]aiming Wednesday, June 5, 1991, as 'Law Enforcement Records & Support Personnel
Day'. Proclamations will be presented to Melissa Trulock, Community Service Officer; Lisa
Bourgeois, Lab Assistant, and Joyce Sculark, Police Records Clerk.
CONSENT CALENDAR.
(Items 5 through 13)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the
C~unci~ by ~ne m~ti~n with~ut discussi~n unless a C~uncilmemb~ a memb~r ~f the pub~ic ~r ~ity staff requests
that the item be pulled for discussiott If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendations) Items pulled from the Consent Calendar will be discussed after Public Hearings and Oral
Communications. Items pulled by the public will be the first items of business.
WRrI-I-IiN COM1WUNI CATIONS:
a. Letter of Resignation - Montgomery Planning Committee - George R. Roberts
b. Letter of Resignation - Southwest Redevelopment Project Area Committee - Hector Tamayo
c. Letter requesting a combination TV/VCR for the Tiny Tot program at the Loma Verde
Recreation Center - Mary Haymes, 1423 Eckmen Avenue, Chula Vista, GA
AGENDA 2 JUNE 4, 1991
6. ORDIN~ 2459
ADOPTING THE NATIONAL I~I-RCrRICAL CODE, 1990 EDITION (second
readin~ and adoption) - On May 13, 1991, the Board of Appeals and
Advisors held a Public Hearing on the adoption of the National Electrical
Code, 1990 Edition. No objections were presented either orally or written.
Board recommends that Council place ordinance on second reading and
adoption. (Director of Building & Housing)
7. ORDINANC~ 2460
GRANTING BAY tn-tiES SERVICES, INC., ITS SUCCESSORS AND ASSIGNS,
A FRANCHISE TO COLLECT AND DISPOSE OF REFUSE FROM CHULA
VISTA RI.RMF2qTARY SCHOOL FACILITIES AND TO USE THE PUBLIC
~lllEETS AND pI~c~-~ WITHIN THE (lilt OF CITOLA VISTA FOR SAID
PURPOSE fsecond readinl and adoption) - The Chula Vista Elementary
School District, after an open bidding procedure, granted to its low bidder,
Bay Cities, Inc., a three-year contract to remove solid waste from its school
facilities. If granted, said limited-area franchise would permit the District
to meet its "tight" budget. School Disu-ict recommends the item be
continued. (City Attorney)
$.A. ORDINANCE 2461
B. RESOLUTION 16180
ESTABLISHING A SPECIAL SEWER SERVICE RATE AREA AND
COMPONENT ZONES FOR. EASTLAKE GI~RRNS SUBDIVISION AND THE
OLYMPIC TRAINING CENTER (first readinR) - Staff recommends Council
place ordinance on first reading.
APPROVING FIRST AMENDMENT TO AGREEMENT TO PROVIDE FOR
SEWER PUMP STATION MAINTENANCE AND OPERATION TO THE
EASTLAKE Gi~RRNS AND THE OLYMPIC TRAINING CENTER, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGRF. EMENT - Eastlake
Greens requires three sewer pump stations to pump sewage to the nearest
available gravity sewer system. Approval of the agreement and adoption
of the ordinance enables the City to collect sufficient funds from properties
served by the pump stations to provide for operation and maintenance by
City forces. Staff recommends approval of the resolution. (Director of
Public Works)
RESOLUTION 16181
AMENDING FISCAL YEAR 1990-91 BUDGET, PROVIDING FOR A LIABILITY
TRUST FUND APPROPRIATION TO THE GENF_.~AL LIABILITY INSURANCE
ACCOUNT - Due to unanticipated expenditures in the City's General
Liability Insurance Account (100-0700-5233), an appropriation from the
Liability Trust Fund of $85,000 is needed to cover expenses through the
end of FY 1990-91. Staff recommends approval of the resolution.
(Director of Personnel) (requires 4/sth vote)
10.
RESOLI. rrlON 16182
APPROVING AWARD OF CONTRACT TO SEAGRAVE FIRE APPARATUS
INC., WAIVING BID REQUI~, AND APPROVING FUNDS
THEREFORE - Purchase of a second fire pumper from Seagrave Fire
Apparatus Inc. via an amendment to Purchase Order 192896 issued
February 26, 1991. Staff recommends waiver of bid requirement based
upon limited response to KFP for fire suppression apparatus to equip the
AGENDA 3 JUNE 4, 1991
interim Fire Station No. 6 which is due to open March 1, 1992. (Fire
Chief) (requires 4/5th vote)
11.
RESOLIJTION 16183
ALLOWING THE CLOSURE OF THIRD AVENUE FROM 'E' STREET TO
brlit6ET IN ORDER TO CONDUCT A CIIAFr FEb-Hr'AL ON AUGUST 25,
1991, ALLOWING THE WAIVING OF THE SIDE-~ALK SAI .~-q ORDINANCE,
AND ALLOWING THE WAIVING OF BUSINESS LICENSE FEES FOR THE
THIRD AVENUE FESTIVAL - The Downtown Business Association is
requesting the closure of Third Avenue from 'E" to 'G' Street on August 25,
1991, in order to conduct a craft fair. Staff recommends approval of the
resolution. (Director of Community Development)
12.
RESOLUTION 16184
APPROVING FINAL MAP AND SUBDMSION IMPROVEMENT AGR RRMENT
FOR CHULA VISTA TRACT 90-03, PARK BONITA SUBDMSION - On
November 14, 1989, Council approved the Tentative Subdivision Map for
Chula Vista Tract 90-03, Park Bonita. The Final Map is now before Council
for approval. Staff recommends approval of the resolution. (Director of
Public Works)
13.A. RESOLIJTION 16185
B. RESOLUTION 16186
APPROVING PROGRAM SUPPLEMENT NUMBER SIX TO LOCAL AGENCY -
STATE AGI~ ~MEIVr FOR FEDERAL-AID PROJECTS NUMBER 11-5203 FOR
THE REIMB~ TO THE CITY FOR COST INCURRED FOR
CONSTRUCTION ENGINERRING AND CONSTRUCTION COSTS
ASSOCIATED WITH T~I.~GRAPH CANYON ROAD PROJECT FROM
APACHE DRIVE TO OTAY LAKES ROAD AND OTAY LAKES ROAD FROM
APACHE DRIVE TO RUTGERS AVENUE AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECLrrE SAID AG]~K~MENT ON
BEHALF OF THE ta-l¥ - Included in the Citers Capital Improvement
Program is a project for the improvement of Telegraph Canyon Road and
Otay Lakes Road between Apache Drive and Rutgers Avenue. Final plans
and specifications for this project have been approved by Federal Highway
Administration (FHWA) and the project is currently out to bid. Staff has
reviewed the agreements and will comply with the Special Covenants or
Remarks. The contract cannot be awarded prior to the execution of these
supplements. Staff recommends approval of the resolution. (Director of
Public Works)
APPROVING PROGRAM SUPPLEMENT NUMBER THREE REVISION ONE
TO LOCAL AGENCY - STATE AGI~-RMENT FOR FEDERAL-AID PROJECTS
NUMBER 11-5203 FOR THE REIMBURSEMENT TO THE Crl¥ FOR COST
INCURRED FOR PI~I~IJMINAKY ENGINEERING, RIGHT-OF-WAY,
CONb-rttUCTION ENGIN~nlNG, AND CONSTRUCrION COSTS
ASSOCIATED WITH TIIE IMPROVEMENT OF OTAY LAKES ROAD FROM
TFI.I~..GRAPH CANYON ROAD TO APACHE DR..I¥~ AND ON OTAY LAKES
ROAD FROM T~L~-GRAPH CANYON ROAD TO RLrrGERS AVENUE AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID
AGIIF.~.MENT ON BEHALF OF THE c1-1¥ - Staff recommends approval of
the resolution. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
AGENDA 4 JUNE 4, 1991
PUBLIC HEARINGS AND I~RT~TED RESOLUTIONS AND ORDINANCES
to the meeting. (Complete the green form to speak in favor of the sta~ reconmu~ati~- complete the pink form
to spe~c in opposition to the staff recommem~n~on.) Ctmnmt~ are limited to ~ve mim,,~, per ~
14. PUBLIC IqF. ARING
RESOLUTION 16187
CONSIDERATION OF AN INCREASE IN THE SEWER SERVICE CHARGES
AND MODIHCATION OF RATE $"I'ItUCllIRE - As a member of the San
Diego Metropolitan Sewerage System (Metro), the City of Chtila Vista has
been asked to participate in its expansion and upgrade program. In order
to participate and comply with State requirements of the program, Chula
Vista has had a Wastewater Revenue Plan prepared by a consultant. This
plan was used to determine the sewer billing methodology and the sewer
service charges proposed for fiscal year 1991-92. Staff recommends
approval of the resolution. Continued from the meeting of May 21, 1991.
(Director of Public Works)
AMENDING THE MASTER FEE SCHEDULE TO PROVIDE FOR AN
INCREASE IN THE SEWER SERVICE CHARGES AND MODIFICATION IN
~ RATE 3-1'KUCTURE AND ADOPTING THE WA~-i ~.~&'ATER REVENUE
PROGRAM
ORAL COMMUNICATIONS
2his is an opportunity for the general public to addr~s the CiO, Court, an any aubjec~ matt~ within the Council's
jurisdiction that is not an item on this agend~ (State law, however, generally prohibits the City Council from
taking action on any issues not included on the posted agenda) If you wish to address the Council on such a
subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby
and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and addreav
for record purposes and follow up acdo~ Your time is limited to three minutes per speak~.
ACTION ITEMS
The items listed in this section of the agenda are erpected to elicit subeta~ntlnl d~cassions and deliberations by the
Counc~ sta~, or memb~rs of the general publi~ The items will be consid~ individually by the Council and staff
recommendations may in certain cases be presented in the altemativ~ 2base who wish to speak, please fill out
a 'Request to Speak' form available in the lobby and submit it to the City Clerk prior to the meeting Public
comments are limited to five minutes.
15.A. REPORT
INSTAT J ATION OF PROTEL-i-IVE COVERING AT ORANGE-RIEN$~tliAPARK
- The Department received a Council referral concerning a complaint from
Tom Martin, coach of a South Bay Little League team using Orange-
Rienstra Park, regarding a potential hazard at the field site due to
deteriorated protective netting covering in the spectator area adjacent to
the bleachers and concession stand. Staff recommends replacing the
netting material with chain-link fencing or other similar material which
provides a stronger and longer lasting barrier and that the City and the
Little League enter into a matching fund partnership for the funding of the
project. (Director of Parks & Recreation) (requires 4/Sth vote)
AGENDA $ JUNE 4, 1991
B. RESOLUTION 16188
AUTHORIZING TRANSFER FROM RESIDENTIAL CONSTRUCTION TAX
FUND AND APPROPRIATING $6,602~0 TO THE GENERAL FUND FOR
INSTALLATION OF PROTE(.-I-iVE COVERING AT ORANGE-RIENSTRA P ARK
- Staff recommends approval of the resolution.
16. REPORT
ARCHERY RANGE AT EUCALYPTUS PARK - The Archery Range at
Eucalyptus Park was closed on June 26, 1990 for safety reasons following
a citizen complaint regarding stray arrows almost striking Fi~ah Avenue
residents. Staff has met with local archery enthusiasts in an attempt to
locate a suitable altemative site for the archery range and has investigated
what improvements would be necessary to make the Eucalyptus site
suitable for use. Suitable alternate sites have not been located, and
improvements at the existing site are not feasible. Staff recommends that
Council support the decision to permanently close the Eucalyptus Park
Archery Range. (Director of Parks & Recreation)
BOARD AND COMMISSION RECOMMENDATIONS
None submitted.
ITEMS pULI.RI) FROM THE CONSENT C~T.T~NDAR
comments are limit~ to five minutes per individu~
OTHER BUSINESS
17.
cl-tY MANAGER'S REPORT(S)
a. Scheduling of meetings.
18.
MAYOR'S REPORTiS)
Ratification of Commission Appointments to the Board of Appeals, Board of Ethics,
International Friendship Commission and Safety Commission
Ratification of Commission Reappointments to the Board of Ethics, Commission on Aging,
Cultural Arts, Economic Development Commission, Human Relations Commission,
International Friendship Commission, Montgomery Community Planning Committee,
Planning Commission, and Parks & Recreation Commission
AGENDA 6 2UNE 4, 1991
19. COUNCIL ¢OIV11~
ADOOUR~
The meeting will adjourn to the Special City Council Meeting/Worksession on June 5, 1991 at 6:00 p.m. in
the City Council Conference Room.
A Special Redevelopment Agency meeting will be held immediately following the Gity Gouncil Meeting.
NOTICE
THE COUNTING CENTER FOR THE MAYORAL RLRCTION
WILL BE 1'~[~ IN THE COUNCIL CHAMBERS
FOLLOWING THE COUNCIL AND KEDE-'VELOPMENT AGENCY MEE~GS.
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE 6/04/91
ITEM TITLE: Proclamation - Proclaiming the Month of June 1991 as
"WATER SAFETY MONTH"
SUBMITTED BY: Mayor pro Tempore MOO~4/STHS VOTE: YES_ NO~
The proclamation declaring the month of June 1991 as "WATER SAFETY
110NTH" will be presented by Mayor pro Tempore Moore to Mark Basnight,
Aquatic Coordinator for the City of Chu1a vista.
4a.-t
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE 6/04/91
ITEM TITLE: Proclamation - Proclaiming Wednesday, June 5, 1991 as
"LAW ENFORCEMENT RECORDS & SUPPORT PERSONNEL DAY"
SUBMITTED BY:
Mayor pro Tempore MOO~(4/5THS VOTE: YES___NOXX
Three original proclamations declaring Wednesday, June 5, 1991 as
"LAW ENFORCEMENT RECORDS & SUPPORT PERSONNEL DAY" will be presented
by Mayor pro Tempore Moore to the following staff members of the
Chula vista Police Department:
Melissa Trulock, Community Service Officer
Lisa Bourgeois, Lab Assistant
Joyce Sculark, Police Records Clerk
46-1
May 31, 1991 .
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
E. R. Asmus, Assistant City Manager ~
City Council Meeting of June 4, 1991
This will transmit the agenda and related materials for the regular City
Council meeting scheduled for Tuesday, June 4. 1991. Comments regarding
Written Communications are as follows:
5a. IT IS RECOMMENDED THAT MR. ROBERTS' RESIGNATION FROM THE MONTGOMERY
& 5b. PLANNING COMMITTEE AND MR. TAMAYO'S RESIGNATION FROM THE SOUTHWEST
REDEVELOPMENT PROJECT AREA BE ACCEPTED WITH REGRET, AND LETTERS OF
APPRECIATION BE SENT.
5c. This is a letter from Mary Haymes requesting a combination TV/VCR
for the Lorna Verde Tiny Tot Program. Inasmuch as the Council will
be reviewing the Parks & Recreation budget on Wednesday, June 5th,
IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO THAT MEETING FOR
CONSIDERATION DURING THE PARKS & RECREATION DEPARTMENTAL BUDGET REVIEW.
mab/51
~ ~ c~ eve~ ae of a~ o~taz~e¢ to ~ off 3~ou~ don ~t
to ~ordazdc me.
Jfiard~ yo~ ve~ muz:k ~o~ Lk¢ oppo,d~un.~ ~o~ kave FLvcr~ ,~e ~o
5:'
MEMORANDUM
DATE:
May 31, 1991
Mayor Pro Tem and city counCi~~
Beverly A. Authelet, Ci~ \
Resignation
TO:
FROM:
SUBJECT:
This memo is to give you some background information regarding Mr.
Tamayo's resignation.
I had talked with Mr. Tamayo soon after Council passed the
ordinance requiring Project Area Committees to file Statements of
Economic Interest. He informed me that he would not comply and
that he would resign first. I informed him that he would be
required to file a taking office and leaving office statement even
if he resigned. He stated that if he could do that, and he would
not, then he would not have to resign.
In trying to obtain compliance, staff has assisted by talking with
members who had not filed. Mr. Tamayo told staff that he would
not. When asked for a letter of resignation, he even refused to do
that. I requested that staff write a letter to council, so we
could get it on the agenda.
For your information, I still have three people who have not filed.
They have been assessed fines; bills were mailed on Friday. They
are:
Charter Review commission:
Human Relations: Robert N.
Library: Sue Miller
Carlos Batara and Ted Hillock
Gordon
If you have further questions, please give me a call.
May22, 1991
TO:
VIA:
BeVerly Authelet, Ciiy Clerk
Chris Salomone, Community Development Director ~ 5 '
FROM: Lance Abbott, Community Development Specialist
SUBJECT: Southwest PAC, Resignation of Member Hector Tamayo
Please be advised that the Southwest Redevelopment Project Area Committee member
Hector Tamayo resigned his position on the PAC effective April 1, 1991. Member Tamayo
resigned because of the new City policy requiting all members of Boards and Commissions
to complete financial disclosure forms. Please drop Mr. Tamayo from your list of Southwest
Project Area Committee members and please refrain from sending him any other notices
pertaining to his past membership on the PAC.
Thank you.
/ak
[C:\WP51 \ABBOTT\PAC.TAMAYO]
COmmUNICATIONS
\.A 6 Ie:;" '1<:",""'i"lr:;;:Q,,1
VW ~:~~ ill tl iiai'~
COitAj\fUJi:~i(CA TSONS
.~l1ula ':Ji.sta, '_:::al. 01'-:.'11
REeF i'iED
eye::- rO-":'E,'!'\ oar,-;:
'~:.luL3 'i.stl:1 'ity cotJncL 1 ,LJers
276 itbv(.nuc., '.lella '/i.st2, ~aJ lforniJll HAY 29 1\9:37
~ ty ~Gunci .1.,
CITY
CITY c'~
'.rouL~~ li<c V':-~T~/ q~uC'h to j)ut .LD c rcrjuc;st for 2, CO\\11~)irlotion i'.-j.I"]. ~.
for t'!,:(? '~liny rctproqr2iI' ,-~t th",' c)(":a\lercJc, iE'creation ,':cntc'r.
full..
J_S is -~ very ,:)o,)Ularl)rogran, as you kno\.-,.T anc! the c.les.Sf'S are al\.vays
The teachers need a unit such as this to stlow fil~s an] chAr2ctcr
b11i l(~~Jlg tc~~\'~s..
,,~) not fe,::;l that thi::: i,:3 (J lu.;-cury iter' th7Jt CuD b
'ut on t:1
I'back
jurn(:~r;' so to :3 c.'O!\:.
['b,is l;::.~ so:n.:~otbin,~; that is ba,Jly n~::'~:Ged.
j- cJ.on at cc\
2bout,~;300.C)( of tapes to the program only to find out thi'lt they h"d
no h'ay~)f sho1."ing them t.o the; chi Idren.
find this to be grossly unfair
to the,,;e te2chers. ','hey are so devoted to these chi ldren and to thi s
~rogram the very least we as parents and you can do is to see that they
have the ~)ro:c;er tools they need to do their job.
hope that I can depend on you for your support and your "soeedy"
resqonse to this ~;latter.'rhe next session of the riny Tots begins the 24th
of June, I \,lOuld ho;)e that you couler move this along as Quickly as possible
so the chiluren and the teachers could begin to use and enjoy the unit.
~ have always been ab1e to ciepen6 on you in the past and 1 look forward
to working with you in the future.
!lease let me know what the results
f'
o~
thi s rec;uest.
'Thank you for the' support In this matter.
incerely,
'f)!a"'--'Cf qJJ.frJ{~;"~
/"
C'
, , I
i \. /Y ('"
.J,.- l i
I \ J J i ~ ":i. Ai '- -,' /
Vv. ,I
A'l<J\li\.,
\J,},J-\ ~ \ . ;
) <.:.t. .;:--t:~c...
\)\ --0
rhese units sell for between
:;400.00- 500.00
:"tc've,dams (store manager)
:ircuit City will donate $75.00
off the price of the unit since
it vlill be used for this program.
r. /\darns phone number is:
5c.-l
~IVD/:),
COUNCIL AGENDA STATEMENT ~'0D~;YG ~fV.
~--'[) ADO
. -!i!IO/V
ITEMNO.:~-'"
MEErlNGDATE: i:1l8,'n- 6}flfl'
, 7;
..
SUBM.u lIill BY:
ORDINANCE NO. 245'1 ADOPTING THE NATIONAL ELEC1'RlCAL
CODE,1990EDITION,FIRST ~:G ~
Director of Building and Hous~l/
CityManagerp,...,~. (4/5thsVote: Yes_ NoD
ITEM TITLE:
REVIEWED BY:
On May 13, 1991, the Board of Appeals and Advisors held a public hearing on the adoption
of the National Electrical Code, 1990 Edition. No objections were presented either orally or
written.
BOARDSICOMMISSIONS RECOMMENDATION:
That Council put the Ordinance on its first reading.
That the Board of Appeals and Advisors recommend adoption of the National Electrical
Code, 1990 Edition.
DISCUSSION:
All of the political jurisdictions in the San Diego County are in the process of adopting the
National Electrical Code, 1990 Edition. The Building Standards Commission of the State of
California has also approved the National Electrical Code, 1990 Edition as the electrical
standards for the State of California. The Building Industry Association, the San Diego
Chapter of the American Institute of Architects and the Electrical Contractors Association
through their respective representatives at the monthly meeting of the San Diego Area
Chapter, InternatIOnal Conference of Building Officials, also endorses the adoption of the
National Electrical Code, 1990 Edition.
The adoption of the National Electrical Code, 1990 Edition is in conformance with the City
Council Policy 500-04 adopted by Resolution No. 5656 which endorses the establishment of
Uniform Building Regulations in the jurisdiction in San Diego County.
Please be advised that there have been no major changes to the National Electrical Code,
1990 Edition. The minor changes incorporate new materials and new methods of electrical
construction practices.
FISCALIMPACf: None
KGL:yu
~
j-L
~.
THE CITY COUNCIL OF CHUIA VI~A DOF..S ORDAIN AS FOLLOWS:
SECTION L THAT CHAI~'~it ~ IS .~:=EBY RI/PEALED.
SEt.fltON IL THAT A NEW CHAI'I-I~ ~ IS ADDED TO THE clitilA VISTA MUNICIPAL CODE TO
RFAD AS FOI,LOWS:
15.24.010. NATiONAL{~I2E,,;rl~ICALCODF., I~0£DITION, ADOPTED BY I~F~RENCE
There is hereby adopted by reference that certain document known .and des!/Itated as the
National Electrical Code, 1990 Edition, as published by ~.e National F?e Protection
Association, a copy of which is on ~e in thc .O. ffice of the .Ci.'ty Clcr.k.. Said document, is
hereby adopted as the Electrical Code of the C/fy of Chula Vista, California re~ulatin§ the
installation, repair, operation and maintenance of all ele¢iiical wirin~ and electrical
al~paratus of any nature whatsoever, whether inside or outside of any building, and issuance
ot permits and providing for the inspection thereof.
SECTION 15.24.015. ADVISORY AND A~P~ BOARD.
In order to hear and decide appeals of orders, derisions or determinations made by the
Building Official relative to the application and inte. rpretafio .ns .of this code, there shall be
and is hereby created a Board of Appeals and AdvLsors consisting of seven members who
are qualified by experience and trainh/g to pass upon.matters pertaining to e!ech-lca{ aspects
of construct/on. The director of Building and Housing shall be an ex-officio member who
shall not be entitled to vote and who shall act as Secretary to the Board. The Board of
Ap _p~ah and Advisors shall be appointed by the ~ty Counc/l from the qualified electors of
the City/n accordance with the provisions of Section 600 e~. seq. of the .C~...after. The Board
shall render all dec/sinns and findings in writing.t.o the D~rector of Building and Housing
with a duplicate copy to the appellant. The dec,ion of the. Board is final: T~.e Board of
Appeals and Advisors shall l'ecommen_d to the ..City.Council such new legislation deemed
necessary to govern ele~ical aspects of construc~On m the City of Chula Vista.
SECTION 15.24.020. MATERIAT R - APPROVAL REOU]RED.
Listing or labeling as conforming to the standards of the Underwriters' Laboratories, Inc. of
the United States Bureau of Standards or other similar institution of recognized standing
shall be prima facie evidence of conformi~ with the approved standards :for safety to ~.e
and property. No electrical material, appliances or eqmpment that does not comply w~th
SECTION 15.24.025. DI~ITIONS.
For the purposes of this chapter, the fo.llowing words and phrases shall have the meanings
respectively ascn~oed to them by this section:
A. 'Ap.a..~ent iHouse" is a building or ..p?tion thereof which contains three or more
dwelling units and, for the purpose of this code, includes residential condominiums.
-2-
'Approved' means acceptable to the authority enforcing this chapter.
"Deparunent~ means the Department of Building and Housing.
"Director .of Building and Housing" means the head of the Department of Building
and Housing. Also known as the Building Official.
"Dwelllng~ is any building or portion thereof which contains not more than two
dwelling units.
I.
"Dwelling Unit" is any building or portion thereof which contains living facilities,
incl.u, dingprovisions for sleeping, eating, cooking .a~.d sanitation, as requfred by the
Uniform Building Code, for not more than one family.
'Electrical Inspector" means the Director of Building and Housing or his/here
designee.
'~Hotel-Motel" is a building containing six or more guest rooms intended or designed
to be used, or which are used, rented or hired out to be occupied, or which are
occupied for sleeping purposes by guests.
"Woodworking Shop" (see definition in Uniform Building Code).
SE~Ji-iON 15.2~.030, ENFORCEMENT AUTHORITY - POWERS AND DU'i'I~..S OF THE DIRECTOR
OF BUILDING AND HOUSING,
It shall be the duty of the Director of Building and Housing to enforce the provisions of this
code..That person s. hall, upon appli.cation app..roval, grant perm. i. 'ts for the installation or
alteration of elecmcal wiring, devices, applia?ces .~.d eqmpmant, and shall make
inspectio .ns of.all new electrical installations and remspectlons of all elc..ctr~.cal insta, llations as
provided m this code. He/she shall keep complete records of all permits ~ssucd, mspectious
and reinspcctions made, and other official work performed in accordance with the
provisions of this code. The Director of Building and Housing may dclegnte powers or
duties to any assistant.
The Director of Building and Housing shall have the right, during reasonable hours or at any
time when extreme danger exis~ to en. tcr any. build.lng in .the discharge of his/her official
duties or for the purpose of m.a. king an mspec~on, remspec~on or test of the installation of
electrical wiring, devices, appliances and eqmp.ment contained therein. The Director of
Building and Housing shall have the authority to disconnect any wire in cases of
emergencies where necessary to the safety of life orproperty, or where such wire. may
interfere with the work of the Fire Department. The Directo. r of Building and Housml; is
authorized to disconnect or order discontinuance of ele¢i~ical service to any electrical
wiring, devices, appliances or equipment found to be b~,~rdous to life or property because
they are defectively installed or not adequately inspected.
-3-
SECTION 15.24.035. LIABILrI'y AND RESPONSIBILITY FOR COMPLIANCE.
This. chapter shall not be construed to reli.e, ve from or 1 .e~.en the. r. esponsl'bility of any party
owning, operating, con~'olling or ii~tnlhng any electrical w~-mg, electrical, device or
elect~.'cal materials for damage to person or property ca?ed by any defect thereto ri.or shall
the City or any officer or employee thereof enfbrcing this chapter be held as assuming any
such liability by reason of the inspections nuthorized herein, or certi~cate of inspection
hsued in accordance with the provisions of this chapter.
SECTION 1524.040. PERMH~ - REOUIRED WHEN.
No electrical wiring, devices, appliances or equipment shall be installed within or on
any building, structure orpremises nor shall any alteration or addition be made in
any such existing wiring, devices, appliances or equipment without first securin~ a
permit therefor from the Department of Building and Housing, except as statecl in
Section 15.24.045.
Permits shall be obtained before work is started, except in cases where emergency or
urgent necessity can be shown to exist, provided apermit is obtained within twenty-
four hours exclusive of Saturdays, Sundays and holidays.
Permits for privately owned conduits or other materials in and across streets and
alleys may be issuedoniy after approval has been granted by the Director of Public
Works for the installation.
SEci iON 15,24.045. PERMITS - NOT REOUIRED WHEN.
No permit shall be required for ..minor repair work, such as repairing flush, or snap
switches, replacing fuses or repamng lamp sockets and receptacles, pro~ding such
work is done in accordance with the provisions of this code.
B. No permit shah be required for the repla.ce, ment of lamps or the connection of
portable appliances to suitable receptacles which have been permanently installed.
No permit shah be required for the installation, alteration or repair of wiring,
devices, appliances or equipment for the oper.atiun of signals or the transmission of
intelligence, not including the control of lighting or appliance circuits, where such
wiring, devices, appliances or equipment opera.re at a voltage not exceeding twenty-
five volts between condu.ct.ors and do not mchide generating or transforming
equipment capable of supplying more than one hundred watts of enerl~'.
No permit shah be required for the installation, alteration or repair of electrical
wiring, devices, appliances and equipment installed by or for a public service
corporation in the operation of signals of transmission of intelligence.
No permit shall berequired for thc installation of temporary wiring for testing
eleckical apparatus or equipment
The United States, the State, Counties, Cities, School Districts and other public
agencies shall be exempt from payment of fees.
-4-
SE~i'iON 15.24.~50. PERMITS- APPLICATION - CONTENT~REOUIRED.
~plrecPUCatlon for a permit, descr~.'bing the work to .be done, shah be mad.e in writing to the
tot of Building and Honsmg. The application shall b~. nccompamcd b.y such plans,
specifications and schedules as may be necessary to determine whether thc installation as
de.sen'bed will be in conformity with the requirements of the code. If it shah be found that
the installation as describ~..d will.generally conform .wi.th the re~] .uirements of this code, and if
the a.~pp, licant has .complied vath all of the provmons of th~s code, a permit for such
installation shall be ~ssued. Provided, however, that the issuance of the permit shall not be
laken as permission to violate any of the requirements of the code. Applications for permits
for electrical installations where the service capacity exceeds two hundred amperes shall be
accompanied by two sets of electrical line drawings and load and distn'bution calculations
showing service panel and branch panel capacities and locations, service switch and branch
switch capacities, conduit and feeder sizes.
SECTION 15.24.055, PREVIOUSLY USED MATERIAT .'K
Previously used materials shah not be reused in any work without approval by the Director
of Building and Housing or an authorized deputy.
SECTION 15,24.060. FEES FOR PERMITS AND INSPECTIONS.
Fees for processing and inspecting electrical permits shall be as specified in the
Master Fee Schedule.
NOTE: Ampere rate shall apply to the secondary side of the transformer or
transformers.
Reinspections. A reinspection fee may be assessed for each inspection or
reinspection which such portion of work for which inspection is called is not complete
or when corrections called for are not made.
This subsection is not to be interpreted as requiring reinsp¢ction fees the first time a
job is rejected for failure to ..comply with the requirements of this code, but as
.controlling the ~practi.~. of calling for inspections before the job is ready for such
inspection or remspection.
Reins .p~cti..on fees may be assessed when the permit card is notproperly posted on
the work s~te, the approved plans are not readily.avail.able to the Electrical Inspector,
for failure to provide ac~..ss on the date for which..m~..pection is requested, or for
deviating from plans requmng the approval of the Building Official.
In instances where reinspe .c}. ion fees .have been assessed, no additional inspection of
work will be performed until the reqmred fees have been paid.
C. Investigation Fees - Work Without a Permit.
Investigation. Whenever any work for wlfich a permit is required by this co.de
has been commenced w/thout first o. btaining said permit, a specml
investigation shall be made before a penmt may be issued for such work.
-5-
Fees. In investigation fee, in addition to the permit fee, shall be collected
whether or not a permit is then or subsequen, fly issu.ed. The investigation fee
shah not exceed the amount o.f the. pe.rnut requtred by the. Master Fee
Schedule. Thc payment of such investigation fee shall not exempt any person
aH other
from compliance with provisions of this code nor from any penalty
prescribed by' law.
$£~1'1ON 15.24.065. PERMI'I~ - NULL AND VOID WHEN - PERIOD OF VALIDITY - RENEWAL.
~u'ation. Each permit issued by the Building Ol~cial under the provisions of this
shall expire by limitation and become null and void if the building or work
author/zed by such permit is not commenced within 180 days of the date of such
permit or if the building or work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of 180 days. Work
for which an inspection approval has not been obtained shall be considered
suspended. Before such work can be recommenced, a new permit shall be first
obtained and the fee shall be one-half the amount required for a new permit for such
work, provided no changes have been made or wR1 be made in the or/ginal plans and
specifications for such work and provided further that such suspension or
abandonment has not exceeded one year.
Suspension or Revocation. The Building Official may in writing suspend or revoke a
permit issued under provisions of this code whenever the permit issued in error on
the basis of incorrect information supplied or in violat~on of any ordinance or
regulation or any of the provisions of this code.
~ECTION 15.24.070. INSPECTIONS.
All electrical work for which a permit is required shall be subject to inspection by the
Director of Building and Housing or his/her designee.
It shah be the duty of the person doing the work authorized by a permit to notify the
Depa~ tment of Building and Housing that such work is ready for inspection.
It shah be the duty of the person requesting inspection required by this code to provide
access to nnd means for proper inspection of such work.
The Electrical Inspector shah have the authorityto require removal of any obstruction that
prevents proper inspection of any electrical work.
SECTION 15.24.075.
CORRECTION.
DISAPPROVED INST,~T-TATIONS - NOTII-~ICATION REOUIRED -
If, upon mspection, the installation is not found to be in full conformance with the provisions
of this code, the Electrical Inspector shah nt once notify the person malting the imtaHation,
stating the defects which have been found to exist. AH defects shall be corrected within ten
days after inspection and notification, or within other reasonable time as permitted by the
~ectrical Inspector.
-6-
~ECTION 15.24.080. DISTRIBUTION PANELS - SEPARATE REOUIRED WHEN.
Each store in a store.bufldin~ each fiat in a fiat building, and .c..ach building used as a
dwell/ng shall be so w~red that each store, apartment, fiat or dwelling shall have separate
li~..t~, g and/or power d/stn'bution panels. Such panels shall not serve other portions of the
building. Hotels, motels, hotel apartments and similar types of buildings may be wired from
one or more distribution panels.
SECTION 15.24.085. CIRCUIT CARDS TO BE POSTED WHEN,
Whe.n requested by the Director of Building and Housing, a complete schedule of circuits
showing the number, kind and capacity of each outlet on each circuit shall be posted on each
job prior ~o rough inspection.
SEC'FION 15.24.090. ELE~ i'KIC FENCF_.S - DEFINED - PROHIBITI~D.
A. As used herein, the term electric fence includes ali fences which in any way use
electrical energy as an additional deterrent or have wires charged with electricity
which are not covered with adequate insulation to protect persons and animals
comir~g in contact therewith.
B. No electric fence may be constructed, maintained or operated within the City.
SECTION 15.24.095. PHASE ARRANGEMENT- AMENDED.
Section 384-3(0 of the 1990 National Electrical Code is hereby amended to read:
Phase A. ttngement. The phase arrangement on three-phase buses shall be A, B, C from
front to back, top to bottom, or left to right, as viewed fro.m the front of the switchboard or
panelboard. The Cphase shall be that phase_having the higher voltage to ground on three-
phase, four-wire delta-connected systems, Other bnsbar arrangements may be permitted
for additions to ex~sting instaHatious and shall be marked.
SECTION 15.24.100. COMMUNICATION SYSTEMS - DELeTeD.
Chapter 8 of the 1990 National Electrical Code is hereby deleted.
SECI~ON IlL Tins ORDINANCE SHALL TAR~. ~;~'~'~CT AND BE IN FORCE ON '1'~ THIRTIETH
DAY FROM AND A~-r~t ITS PASSAGE AND APPROVAL.
PRESEN'I~=.t~ BY: APPROVED AS TO FORM BY:
Council Agenda
~~OND REA
---~ -- lDiNG AND
statement ADOenON
Meeting Date:
Item:~ 7
-:r "~I ..
KIT :Ill, 1991
"
:Item Title: ordinance No. ~: AN ORDINANCE OF THE
CITY OF CHULA VISTA GRANTING TO BAY CITIES
SERVICES, INC., ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO COLLECT AND DISPOSE OF REFUSE FROM
CHULA VISTA ELEMENTARY SCHOOL FACILITIES AND TO USE
THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF
CHULA VISTA FOR SAID PURPOSE.
Submitted by: Bruce M. Boogaard, City Attorney~
"
4/5ths Vote: ( ) Yes (X) No
The Chula Vista Elementary School District ("District"), after
an open bidding procedure, granted to its low bidder, Bay cities
Services, Inc. ("Bay Cities") a three year contract to remove solid
waste from its school facilities. It may not do so without having
a franchise grant from the city. Staff recommends granting said
limited-area franchise in order to permit the District to meet its
"tight" budgetary requirements, but to require the payment of the
franchise fee to the City at the same rate paid by Laidlaw, our
main solid waste hauling franchisee, as same may, from time to
time, increase to lot.
Recommendation:
Docket and hold a Protest Hearing at the meeting of May 28;
Place attached ordinance on first reading.
Boards and Commissions Recommendation:
None. None applicable.
Discussion:
Staff supports the ability of the School District to lower its
costs of operation by obtaining a lower spot market price for waste
hauling services.
Furthermore, there is precedent for granting a limited-area
franchise to a public agency entity. We gave one to EDCO Disposal
in October, 1989 to haul solid waste from the Sweetwater Union High
School District facilities, by Ordinance 2335, adopted October 3,
trash4 . wp
May 13, 1991
Al13 re Bay Cities Franchise
Page 1
1
~-l
1989.
This proposed rranchise is substantially similar to the one
granted to EDCO except that liability for any possessory interest
taxes are expressly placed on Bay cities, the franchise fee is set
at 7\, and Bay cities waives any right to any notice of
termination, including such notices which may be requir.ed to be
given by law. .'
At the time of this writing, we are requesting the consent of
Laidlaw to the removal of the District's facilities from the
territory of their franchise, and upon receipt of same, will
prosecute an ordinance amending their rranchise. If such
permission is not forthcoming, we will report at the meeting.
Bay Cities has not yet commenced service to the District, so
no franchise fee is yet due.
II
Fiscal ImDact:
Franchise fee revenues will be slightly diminished by virtue
of the fact that the franchise fee rate charged by Bay Cities to
the School District will be on a lower base charge than that
charged by Laidlaw.
)1
trash4.wp
May 12, 1991
Al13 re Bay Cities Franchise
Page 2
)1
~,
AN ORDINANCE OF ~'IE CI~ OF CHUI~ VISTA
GRANTING TO BAY CITIES SERVICES, INC., ITS
SUCCESSORS AND ASSIGNS, A FRANCHISE TO COLLECT
AND DISPOSE OF REFUSE FROM CHULA VISTA
ELEMENTARY SCHOOL FACILITIES AND TO USE THE
PUBLIC STREETS AND PLACES WITHIN THE CITY OF
CHULA VISTA FOR SAID PURPOSE.
The City Council of the City of Chula Vista does ordain as
follows:
SECTION 1.
Definitions.
Whenever in this ordinance the words or phrases hereinafter in
this section defined ere used, they shall have the respective
meaning assigned to them in the following definitions (unless in
the given instance, the context wherein they are used shall clearly
import a different meaning)=
(a) "Grantee" shall mean the Bay Cities Services, Inc. and
its lawful successors or assigns.
(b) "City" shall mean the City of Chula Vista, a municipal
corporation of the State of California in its present
incorporated form or in any later reorganized, consolidated,
enlarged or reinoorporated form
(c) "Streets" shall mean the public streets, ways, alleys and
places as the same now or may hereafter exist within said
city, including state highways now or hereafter established
within said city.
(d) "Gross Receipts" shall mean all gross operating revenues
receivedbyGrantee from the collection and disposal of refuse
within the City of Chula Vista pursuant to its contract with
Chula Vista Elementary School District for collection and
disposal of refuse of District facilities only.
SECTION 2. Pu~ose.
The franchise to collect and dispose of refuse from Chula
Vista Elementary School District facilities within the City of
Chula Vista and to use for such purposes the public streets, ways
and places within said City is hereby granted to Bay Cities
Services, Inc., Ate successors and assigns.
trash2.wp
May 12, 1991
/?-$
Trash Franchise to Bay Cities
Page i
SECTION 3. Te~m.
Said franchise shall be forths term of T~_ree (3) years from
and after June l, 1991 or,he term of Grantee's contract with Chula
Vista Elementary School District, or until the state or some
municipal or public corporation duly authorizad by law shall
purchase by voluntary agreelent all property actually used and
useful An the exercise of said franchise, or until said franchise
·hall be forfeited for noncompliance with its terms as provided
herein, whichever As shorter. During such term Grantee shall have
the exclusive right to collect and dispose of all refuse created,
accumulated or produced at Chula Vista Elementary School District
£acilities within the City of Chula Vista.
To the extent that f-his franchise As terminated according to
the provisions hereof sooner than the time within which Grantee may
otherwise be entAtled by law to notice of terminat~on, Grantee
hereby waives any right to said notice or any claim to damages for
failure to receive said notice. In the event that said waiver may
be found to be Anvalid by a court of law, notice to Grantee As
hereby given that this franchise is terminated on April 30, 1994,
or at the end of such later period of time as the law may require
notice to be given as measured from the effective date of this
Ordinance.
SECTION 4.
Cons~deration.
The Grantee of said franchise shall during the term thereof
pay to the City 7 percent (7%) of the gross annual receipts of said
Grantee. City is authorized to increase said fee up to a maximum
amount of ten percent (10%). Beginning April 1, 1992, the
franchise fee shall be increased by one-half percent (1/2%) and
one-half percent (1/2%) each year thereafter until it reaches the
maximum of ten percent
SECTION 5.
Reports. Dates of Payment and City Audit.
The Grantee shall file with the Director of Finance of said
City on a monthly basis commencing on June 1, 1991, and monthly
thereafter, a duly verified statement showing in detail the total
gross receApts of such Grantee during the preceding month or
fractional month from the collection and disposal of refuse within
said City. Grantee shall pay to said City within fifteen (15) days
after the t~e of filing of such statement, An lawful money of the
UnAted States, the aforesaid percentage of Ate gross receipts for
such month, or such fractional month, covered by such statement.
Any neglect, omission or refusal by Grantee to file such verified
atatement or to pay such percentage at the time and in the manner
specified shall be grounds for the declaration of a forfeiture of
this franchise and all rights of Grantee hereunder. Attorneys fees
trash2.wp
May 12, 1991
Trash Franchise to Bay Cities
Page 2
shall be awarded to the prevailing party in any litigation brought
to enforce any provision of this section.
SECTION 6.
Compliance with Laws.
Grantee shall comply with all laws and regulations of the
State of Cal~fornia and the City of Chula Vista. Further, Chapter
S.24 of the Chula Vista Municipal Code ia expressly made a part of
this franchise and incorporated it herein by reference as if set
forth in full. Grantee and City agree to be bound by all
applicable provisions of such ordinance, or any amendments thereto,
or other ordinances~hat might affect the collection or disposal of
refuse in the City. It is understood that said ordinances ar,"
intended to be minimum standards and that higher standards an,~
regulations may be required under the franchise.
SECTION
Obligations of Grantee.
Grantee undertakes and agrees, for the consideration
hereinafter mentioned, to furnish: all labor, equipment, and
vehicles (including adequate equipment and vehicles in a standby
capacity to provide the service herein required in the event of a
breakdown of equipment)~ insurance and bonds necessary to insure
the efficient and timely picking up, collecting, removing and
disposing of refuse~ and to collect, pick up, remove and dispose
of, all refuse which is generated or accumulated by or upon all
property of Chula Vista Elementary School District within the City
during the time that this franchise is in effect, except as herein
otherwise provided end subject to and in accordance with the terms
and provisions hereof.
The collection and removal of said refuse byGrantee shall be,
at all times during the term of this franchise performed to the
satisfaction of the City Manager or his delegate who shall have thc
right to issue orders, directions and instructions to Grantee fro:.
time to time with respect to the collection, transportation, and
removal of refuse, the performance of Grantee's services hereunder,
and the Granteets compliance with the provisions of the ordinances
of the City of Chula Vista as they now exist or may from time to
time be amended, and Grantee agrees to comply therewith. Su=~
collection and removal of refuse shall be done in a prompt,
thorough, lawful and workmanlike manner.
Grantee shall provide collection vehicles and equipment in
amounts adequate to perform in accordance with its contract with
Chula Vista Elementary School District. Collection vehicles,
containers, and other contractor furnished equipment must comply
with the standards set forth in the C. hula Vista Municipal Code.
All refuse collected by Grantee shall become the property of
trash2.wp
May 12, 1991
7
Trash Franchise to Bay Cities
Page $
Grantee 4~mediately upon the collection thereof, and shall be
forthwith removed and transported by Grantee to an approved place
of disposal, which shall be provided, arranged for or furnished by
Grantee.
Zn the event, Grantee fa~le, refuses~ or neglects tO collect
and dispose of refuse set out or placed for collection at the time
and in the manner herein required, City may collect and dispose of
the same or cause the same to be collected and disposed of and
Grantee shall be lisble for all expenses incurred in connection
therewith. Such remedy of City shall b e cumulative and in addition
to any and all other remedies it may have in the event of such
failure, refusal or neglect of Grantee. The collection and
disposal of refuse by City or by others ss aforesaid shall not be
deemed an election of remedies which shall preclude City from
availing ~tself of additional remedies for Granteees breach of
contract.
SECTION 8.
Rates for Collection.
City and Grantee mutually agree that the rates to be paid by
Chula Vista Elementary School District aha11 be those established
by the competitively bid contract awarded to Grantee by said
District.
SECTION 9.
~nsurance.
Grantee agrees, at Granteets own expense, to carry
comprehensive public liability and automobile liability insurance
coverage during the full term of this franchise, with City also
named as an additional insured thereunder, covering liability for
bodily injuries, death and property damage, arising out of or in
con~ection withthe operations of Grantee, under this franchise in
an amount not less than $1,000,000 for injuries including death to
any one person and in an amount not less than $5,000,000 for any
one accident or occurrence, and property damage in an amount not
less than $200,000. Grantee further agrees to carry, at Granteeee
own expense, workerst compensation insurance in accordance with the
laws of the State of California. All of said insurance policies,
or certificates thereof, shall be deposited by Grantee with the
City Manager together with endorsements or Statements from the
insuring companies providing that such policies will not be subject
to cancellation, modification or reduction of the limits of the
policy until ninety (90) days after written notice to the City by
registeredor certified mail. Such policies shall ~uarantee
payment of any final ~udgment rendered against Grantee orthe City
within the coverage provided, irrespective of the financial
condition of, or any acts or omissions of, said Grantee. All of
said policies shall be subject to the approval of the City
Attorney.
trash2.wp
May 12, 1991
Trash Franchise to Bay Cities
Page 4
In ~he event of ~he termination or cancellation of the
Insurance required hereunder or the failure of Grantee to provide
such other ~nsurance es hereinabove provided, prior to the
effective date of such cancellation or termination, this franchise
may b · suspended or terminated forthwith by City, by written notice
thereof to Grantee. Any such suspension shall be for such period
or periods as the C~ty Manager from time to t~me may determine. No
liability or obligation shall be incurred by City in favor of
Grantee by virtue of any such notice or notices or from any such
suspension or termination. In the event of such suspension or
terminat~on by City upon the failure of Grantee to secure and
maintain on file eaid insurance during the full term of this
franchise, Grantee shall be liable for any end all damages suffered
by City arising out of such suspension or termination.
SECTION 10. Hold Harmless.
Grantee of the franchise granted hereby shall indemnify, save
and hold harmless, City and any officers and employees thereof
against and from all damages, judgments, decrees, costs and
expenditures which City, or such officer or employee, may euffer,
or which may b e recovered from, or obtainable against City, or such
officers or employee, for, or by reason of, or growing out of or
resulting from the exercising by Grantee of any or all of the
rights or privileges granted hereby, or by reason of any act or
acts of Grantee or its servants or agents in exercising the
franchise granted hereby, and Grantee shall defend any suit that
maybe instituted against City, or any officer or employeethereof,
by reason of or growing out of or resulting from the exercise by
Grantee of any or all of the rights or privileges granted hereby,
or by reason of any act or acts of Grantee, or its servants or
agents, tn exercising the franchise granted hereby.
SECTION 11. Possessorv Interest Tax.
To the extent that anything herein contained may require
Grantee to pay a possessory interest tax, the obligation to pay and
to provide sufficient resources to pay said tax shall be solely the
obligation of Grantee, and Grantee shall hold the City harmless
w~th regard thereto.
SECTION 12. Obliaations of City.
Grantee hereby expressly acknowledges the authority of the
City to exclusively franchise solid waste removal and disposition
for all refuse generated on all other land uses within the City,
including but not limited to residential, commercial, and
~nduetr~al, other than that covered by this agreement.
SECTION 13. Miscellaneous.
trash2.wp
May 12, 1991
Trash Franchise to Bay Cities
Page 5
The failure of either party at any time to require performance
by the other of e provision hereof, shall in no way affect the
right of such party entitled to performance to enforce the eeme
thereafter. Nor shall the waiver of either party of any breach of
any provisions hereof be construed to be a waiver of such
provieions or of any eucceeding breach thereof.
Any notice that maybe given to Grantee under or with respect
of this franchise shall bedeemed to have been given when delivered
to Grantee or to an officer of Grantee, personally or when sent to
Grantee hyregietered or certified mail, postage prepaid, addressed
to Grantee at:
Bay Cities Services, Inc.
[insert address]
City reserves the right to determine, in the exercise of its
powers to provide for the public health and welfare, whether
technological or other changes materially affect the necessity of
or level of the service provided for hereunder, and, in such case,
the level of service hereunder shall be adjusted by City, and this
franchise shall be reviewed and revised accordingly.
SECTION 14. Forfeiture.
This franchise is granted upon each and every condition herein
contained, and shall ever be strictly construed against Grantee.
Nothing shall pass by the franchise granted hereby to Grantee
unless it be granted in plain and unambiguous terms. Each of said
conditions is a material and essential condition to the granting of
the franchise. If Grantee shall fail, neglect or refuse to comply
with any of the conditions of the franchise granted hereby, and if
such failure, neglect or refusal shall continue for more than
thirty (30) days after written demand by the City Manager for
compliance therewith, then City, by the City Council, in addition
to all rights and remedies allowed by law, thereupon may terminate
the right, privilege and franchise grantedthine and by this
ordinance, and all the rights, privileges and franchise of
Grantee q ranted hereby ehallthereuponbeat an end. Thereupon and
immediately, Grantee shall surrender all rights and privileges in
and to the franchise granted hereby. No provision herein made for
the purpose of securing the enforcement of the terms and conditions
of the franchise granted hereby ehallbedeemed an exclusive remedy
or to afford the exclusive procedure for the enforcement of said
terms and conditions, but the remedies and procedure outlined
herein or provided, including forfeiture, shall be deemed to be
cumulative.
SECTION 15. Authority for Grant.
trasht.wp
May 12, 1991
Trash Franchise to Bay Cities
Page 6
Notwithstanding any other provision herein contained, this
franchise is granted solely and exclusively under Sections 1200,
1201, 1202, 1203, 1204, ~205 and 1206 of Article XII of the
~har~er of the City of Chul& Vista and no other authority.
SECTION 16. ~ffective D~te.
This ordinance shall become effective thirty days after its
final passage unless euspended by a referendum petition filed es
provided by law.
SECTION 17. Ooerative Date.
The operative date off. his ordinance shall be
1991.
SECTION 18. Publication Costs.
The Grantee of said franchise shall pay to the City a sum of
money eufficient to reimburse it for all publication expenses
incurred by it in connection wi~h the granting thereof~ such
payment to be made within thirty (30) days after the City shall
have furnished such Grantee with · written statement of such
expense.
SECTION 19. Written Acceptance.
Notwithstanding the aforereferenced effective date, the
franchise granted hereby shall not become effective until written
acceptance thereof shall have been filed by the Grantee with the
City Clerk.
SECTION 20. ~ublication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Chula Vista Star
News, a newspaper of general circulation published and circulated
in said City.
Presented and Approved as to form by
Bruce M. Boo
City Attorney
trash2.wp
May 12, 1991
Trash Franchiae to Bay Cities
Page ?
G. DON LINDBERG
ATORNEY AT LAW
REOE VED
(619) 420 6639
May 31, 1991
Mayor Moore and Members of
City of Chula Vista
276 Fourth Avenue
the City Council
J -3 P335
CITV r i F~+''~ .... ' ....
Re: Bay Cities Services, Inc. Franchise Ordinance
Dear Mayor Moore and Members of the City Council,
At your meeting of ~uesday, May 28, 1991 the above noted Franchise
Ordinance was placed on first reading. The ordinance was recommend-
ed by the Staff, no opposition was raised at the public hearing
and the proposal had been previously endorsed by the business
manager of the Chula Vista Elementary School District.
On Thursday, May 30, 1991 John Linn, the Business Manager met with
J. C. Moore, the General Manager of Bay Cities and myself to dis-
cuss the terms of the contract in order to make it conform to
your ordinance. At that time Mr. Linn indicated only that he
would meet with the district's legal counsel to clear the contract.
I am now informed by Gene Asmus, Asst. City Manager, that Mr. Linn
had previously requested that the Franchise Ordinance not be
placed on second reading at your meeting of Tuesday, June 4, 1991.
I respectfully request that the matter be adopted upon second
reading in order to move this matter forward. It should be noted
that the franchise is for a period of three years, or "the term
of the Grantee's contract with Chula Vista Elementary School
District", so there is no influence upon the district in terms
of drafting a contract.
My client has been forced to wait a whole year for the ability
to obtain a contract based upon the low bid, because of spurious
legal questions. The loss both to Bay Cities and the School
District has been significant as a result. In the case of Sweet-
water High School District the matter was resolved, by a similar
franchise ordinance, within three months of the bidding process
in 1989.
At this time, predicated upon the bid documents of July 1990,
it is probable that only two bids could be considered, Bay Cities
and Laidlaw, who purchased the other low bidder San Diego Solid
Waste shortly after bids were received. It is unlikely that
any responsible bid other than the current commercial rate
charged by Laidlaw would be forth coming.
280 'K" STREET #28, CHULA VISTA, CA 92011
1'11
Therefore, any continuance of the adoption of the Franchise
Ordinance would only serve to further prolong the status quo
which is detrimental to the financial intersts of both Bay Cities
and the School District.
I urge you to adopt the ordinance on second reading.
CC:
Respectfully Submitted,
City Attorney
John Linn, Business Manager
Chula Vista Elementary School District
- 2 -
COUNCIL AGENDA STATEMENT
Item__~
ITEM TITLE:
Meeting Date 6/4/91
Resolution ~r~e~w~er Approving first amendment to agreement
to provide pump station maintenance and operation to
the Eastlake Greens
Ordinance ~.~ Establishing a special
rate area for the Eastlake Greens Subdivision
of maintaining three sewer pump/tations
SUOMITTEO BY: Director of Public Work~ ~
REVIEWED BY: City Manager~ (4/5ths Vote: Yes__No X )
sewer service
for the purpose
On July 18, 1989 the City Council approved the Tentative Map for the Eastlake
Greens Planned Community. Among the conditions of approval of the Tentative
Map was the requirement that the developer provide for the ongoing maintenance
of three proposed sewer pump stations. On January 8, 1990, the developers,
Eastlake Development Company, entered into an agreement with the City which
permits the City to establish a special sewer service rate area for the
purpose of collecting funds to provide for operation and maintenance of the
three proposed pump stations.
RECOMMENDATION: That Council approve the amendment to the agreement and
adopt the above listed ordinance.
BOARDS/COMMISSIONS RECOMMENDATION:
DISCUSSION:
The majority of the Eastlake Greens lies within the Poggi Canyon and Salt
Creek sewerage basins. The nearest sanitary sewers facilities in either of
these basins is at least 3-1/2 miles away. When the Tentative Map for the
Greens was submitted, the developer proposed to temporarily pump the sewage
generated by the development to the Telegraph Canyon basin, which has sanitary
sewer facilities. Staff supported the recommendation provided that: 1) the
sewer facilities can be reasonably provided in the Salt Creek and Poggi
Basins, 2) the City be assured that the temporary diversion would not
adversely impact the developability of properties that would normally utilize
the Telegraph Canyon sewer system, and 3) the developer provide for the
maintenance of the pump stations until such time as they can be eliminated,
and sewage service provided with a gravity system.
Approval of the amended agreement and adoption of the proposed ordinance would
establish special sewer service rates for designated subareas within Eastlake
Greens and the Olympic Training Center. This would enable the City to collect
sufficient funds to accomplish item number 3.
The boundaries of the proposed special area would initially be the boundaries
of the Eastlake Greens Planned Community, as shown on the Tentative Map of
Chula Vista Tract 88-3, combined with the Olympic Training Center (OTC) site,
Page 2, Item D
Meeting Date 6/4/91
as shown on Parcel Map 16318. The OTC is located partially in the Salt Creek
basin and partially in the Otay Valley basin, upstream of the dam and,
therefore, drains naturally to Lower Otay Lake. EastLake and the Olympic
Training Center developers have proposed that the OTC be allowed to utilize
two of the pump stations in the EastLake Greens. The OTC should, therefore,
participate in the cost of maintaining and operating those pump stations.
It should be noted that the boundaries of the district are chosen as a matter
of convenience. There are properties within the district which will not be
connected to any pump station, since these properties naturally drain to the
Telegraph Canyon sewer. These properties will not be charged anything beyond
the normal citywide sewer charges.
The funds collected from the special sewer service charge will be utilized to
maintain three sewer pump stations. Since the maintenance costs and number of
benefiting parties vary with each pump station, staff proposes that the
overall special sewer area be broken down into subareas, with the costs of
each pump station being charged against the properties benefiting from that
pump station.
The three sewer pump stations are proposed to be located as follows:
Subarea A:
(EastLake Parkway} located on the west side of EastLake
Parkway, immediately south of the High School serving
approximately 810 residential units a high school an
elementary school and the country club.
Subarea B:
(Otay Lakes Road) located on the north side of Otay Lakes Road
near Hunte Parkway, serving approximately 310 residential
units and the country club plus discharge from the Orange
Avenue Pump Station.
Subarea C:
(Orange Avenue) located south of Orange Avenue near Hunte
Parkway, serving approximately 850 residential units and the
Olympic Training Center. This station discharges into the
Otay Lakes Road Pump Station.
Staff estimated the average annual maintenance of a pump station is $7,000.
Based on the buildout of EastLake Greens, the average monthly cost to a
homeowner would be:
Subarea A: $0.75
Subarea B: $0.75
Subarea C: $1.25
Page 3, Item I~
Meeting Date 6/4/91
Because of the projected four to five year span to buildout of the Greens, it
was noted that early purchasers of homes would have inordinately high charges
for sewer pump station maintenance ($5 $6 per month) compared to later
purchasers if costs were distributed among only the actual users. As a means
of avoiding this, a system of "initial rates" and "final rates" is proposed to
be established. The initial rates would be established immediately at $1 per
month for Subareas "A" and "B" and $2 for Subarea "C" (which requires two pump
stations to serve it). These initial rates represent staff's estimate of what
the rate would be when 75 percent of the subarea is participating. In the
supplemental agreement, EastLake has agreed to provide funds to make up the
difference between the revenues received from property owners (users) and
estimated funds required to operate and maintain the pump stations for the
subsequent year. This obligation will also be assignable to the actual
builders of the homes (guest builders) on a proportional basis.
For each subarea, once 75 percent of the homes (and schools, etc.) are on line
or when the funds collected are sufficient to provide for the following year's
O & M costs, EastLake and the guest builders will be released from the
obligation to provide supplemental funds for that subarea pump station, and
the "final rate" will be established. The "final rate" will be an equal
distribution of costs on an equivalent dwelling unit (£DU) basis.
The cost of maintenance of Pump Station "A", for example, would be borne by
the residents connected to that pump station (Subarea A). The cost of
maintenance of pump station "B" would be borne by those connected directly to
it (Subarea B) as well as those connected to it through pump station "C".
Under this proposal, the properties in Subarea "C" (serviced by the Orange
Avenue pump station) would be charged for maintenance costs for pump stations
B and C since it requires both of these pump stations to deliver their sewage
to the gravity system.
It is expected that the dollar cost of the "final" rates would drop at first
as the other 25 percent of the homes come on line and then will rise as the
cost of maintenance and operation generally increases with inflation.
The Otay Water District normally collects these funds along with the regular
sewer charges on the water bill.
FISCAL IMPACT: None. However, if the ordinance is not adopted, the City
would not be compensated for approximately $21,000 per year outlay to maintain
the pump stations.
WPC 00460
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT TO PROVIDE FOR SEWER PUMP STATION
MAINTENANCE AND OPERATION TO THE EASTLAKE
GREENS AND THE OLYMPIC TRAINING CENTER, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on July 18, 1989 the City Council approved the
Tentative Map for the Eastlake Greens Planned Community and among
the conditions of approval of the Tentative Map was the
requirement that the developer provide for the ongoing
maintenance of three proposed sewer pump stations; and
WHEREAS, on January 8, 1990, the developers, Eastlake
Development Company, entered into an agreement with the City
which permits the City to establish a special sewer service rate
area for the purpose of collecting funds to provide for operation
and maintenance of the three proposed pump stations; and
WHEREAS, it is now necessary to amend that agreement to
establish special sewer service rates for designated subareas
within EastLake Greens and the Olympic Training Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the First Amendment
to Agreement to Provide for Sewer Pump Station Maintenance and
Operation to the EastLake Greens Special Rate Area, a copy of
which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
8912a
Bruce M. Boogaar~ity A~orney
First Amendment to Agreement to Provide for
Sewer Pump Station Maintenance and Operation to the
EastLake Greens Special Rate Area
WHEREAS, On January 9, 1990, the City of Chula Vista
("City") and EastLake Development Company ("Owner"), a California
General Partnership, entered into an agreement by Resolution No.
15450 relating to maintenance and operation of sewer pump
stations in EastLake Greens ("Pump Station Agreement"); and
WHEREAS, EastLake Development Company is the owner of
record of that real property described as Parcel Map 16318 more
commonly known as the future Olympic Training Center (OTC); and
WHEREAS, EastLake Development Company has requested that
the OTC be served by the pump station serving subarea C,
described below; and
WHEREAS, on January 23, 1990, City and Owner entered
into an agreement by Resolution No. 15499 by which Owner was
granted permission by City to transfer sewer effluent to the
Telegraph Canyon Basin ("Basin Agreement"); and
WHEREAS, said Pump Station Agreement provided for Owner
to provide maintenance and operation of temporary pump stations
providing sewer service to the area and eventual connection of
the property to a permanent gravity flow system; and
WHEREAS, said Pump Station Agreement also provided for
the establishment of a special sewer service rate area with
subareas or zones within said area to be established by ordinance
of the City; and
WHEREAS, the City Council of the City of Chula Vista is
now prepared to adopt such an ordinance; and
WHEREAS, it is necessary and desirable to clarify the
terms and conditions of said Pump Station Agreement as a result
of a clearer understanding of the financing mechanism for said
district by the parties hereto.
NOW, THEREFORE, the parties agree as follows:
SECTION 1. Section 2.b. "Area" of said Pump Station
Agreement is amended to read as follows:
"2.b. Area. The Property to be served pursuant to this
agreemen--t---t's the areas defined by the City of Chula
Vista Tentative Map 88-3 (EastLake Greens Tentative Map)
approved July 25, 1989 and the area defined by Parcel
Map 16318 as recorded in the office of the County
Recorder, County of San Diego. Service rate zones will
be established for all areas within the map area being
served by sewer pump stations. Sewer pump station
service rate zones will be established prior to issuance
of building permits for facilities served by the sewer
pump stations. Properties served by each sewer pump
station (hereinafter called "Users") will be included in
each sewer pump station's service rate zone. It is
agreed that the users within a sewer pump station
service rate zone will share the costs outlined in
Paragraph 3 below.
Any additional lots or increased density which may be
obtained within the zone through a re-subdivision of the
property or future subdivision by future property owners
shall necessitate payment on a equivalent dwelling unit
(EDU) basis to City from Owner under the same terms and
conditions as applied to EDU's under this agreement.
SECTION 2. Section 3 of said Agreement is amended by
redesignating subsection c. as subsection f. and adding new
subsections c., d. and e. to read as follows:
c. On or about July 1 of every year, commencing on the
July 1 immediately following placement of each sewer pump station
into service and acceptance by City of responsibility of its
maintenance and operation, the Director of Public Works
(Director) shall determine the estimated costs for maintenance
and operation of each pump station for the following fiscal
year. The determination shall be made for each component zone.
If said estimated maintenance and operation costs exceed
estimated funds to be collected from users for any zone (based on
EDUs on line on said July 1), and the Director has not made a
determination for that zone that the "initial rates" no longer
apply, the Director shall notify EastLake Development Company
and/or its successors in interest of the amount of their portion
of the surcharge, determined as follows. The total amount of
EastLake/successors surcharge to be paid shall be the difference
between said total estimated maintenance and operation costs, and
the amount estimated to be collected from users, as described
above. Following determination of the total amount of the above
described surcharge each year, the Director shall determine how
to apportion the total surcharge among EastLake and their
successors in interest, based on the following formula: Each
party (EastLake and successors) shall be responsible for the same
percentage of the total surcharge as that determined by dividing
the number of EDUs for which building permits have not been
obtained by July I within that party's ownership by the total
number of EDUs within each subarea for which building permits
have not been issued by July 1 of that year. EDU's shall be
evaluated based on the "EDU factor" described below.
The Director shall determine for any zone that the
"initial rates" no longer apply and that "permanent rates" apply
when he or she determines either that 1) sufficient funds are
being collected from users to provide for the annual maintenance
and operation costs, or 2) within that zone, 75% of the total
number of EDUs within the zone have been connected to the pump
station.
The Director may, at hfs discretion, review the status
of funds available for the purpose of operating and maintaining
said pump station at any time during the year. If, as a result
of said review, the Director determines that there will be
insufficient funds available in any subarea pump station fund to
provide for said maintenance and operation and that the fund
balance is likely to be depleted within 30 days, the Director
shall notify EastLake in writing of such situation and require
EastLake to provide sufficient funds to provide for said
maintenance and operation to July 1 of that fiscal year.
EastLake shall, within 30 days of receipt of said notification,
deposit said required funds with the City treasurer. When the
next annual determination is made of the surcharge as described
above, the 'loan" by EastLake .shall be considered "estimated
costs" and the value of the surcharge shall be determined after
such consideration.
"d. The "EDU factor" for all land uses within the
special sewer service rate area shall be as follows:
Land Use Category
"EDU Factor"
Single Family Detached
Single Family Attached
High School-2400 Students
Elementary School-800 Students
Golf Course Club House
1.0
0.75
171.42 (prorated)
42.86 (prorated)
8.93
For any land uses not listed above,
be determined based on 1.0 EDU per 280
generated per day.
the EDU factor shall
gallons of sewage
e. A special operations and maintenance surcharge shall
be assessed for each user serviced within the EastLake Special
Rate Area.
· Initial rates" shall be in effect for all three zones
commencing from the date of enactment of the ordinance which is
being enacted simultaneously with the First Amendment until such
time as the Director makes a determination for that zone that
"initial rates" no longer apply. Following such determination,
the 'permanent rates" shall be in effect for that zone.
The monthly amount paid by each customer within any zone
is determined by multiplying the applicable zone rate factor
appropriate by the "EDU" factor listed in Subdivision d above.
For "initial rates", the zone rate factor for zones A and B is
one dollar (~1.00) and for zone "C" is two dollars (~2.00). For
"permanent rates": The zone rate factor for zones A and B is
-3-
obtained by dividing the estimated annual maintenance and
operation cost for ..thepump station serving that zone by the
total number of EDUs, respectively, on line in that zone the June
30 preceding the fiscal year for which the rate is to be
established. The zone rate factor for zone C is obtained by
dividing the estimated annual maintenance and operation costs for
the pump station serving zone C by the total number of EDUs on
line in that zone on the June 30 preceding the fiscal year for
which the rate is being established, and adding the value of the
zone surcharge for zone B as calculated above.
The monthly charge shall be calculated and collected
administratively, unless it results in an increase. In that
event, the proposed increase shall be reviewed by Council in
advance at a noticed public hearing.
SECTION 3. Section 7 of the original Agreement is
amended to read as follows:
"7. Recordation. The original agreement and this First
Amendment to Agreement shall be recorded by Owner within
five (5) days of receipt by Owner of a duly signed and
acknowledged original from City. Additionally, City
shall cause to be recorded forthwith upon adoption any
substitute map Exhibit 1 adopted in accordance with the
provisions of the sewer service rate ordinance adopted
simultaneously herewith. Further, City will cause to be
recorded notice of any determination made by the
Director of Public Works pursuant to said ordinance that
'permanent rates' rather than 'interim rates' are in
effect with regard to each zone within the EastLake
Greens Special Sewer Service Rate Area, forthwith
following such determination being made.
SECTION 4.
and conditions of the
effect.
Except as amended herein,
original agreement remain
all other terms
in full force and
Executed at Chula Vista, California, this
May, 1991.
day of
CITY OF CHULA VISTA
EASTLAKE DEVELOPMENT COMPANY
Mayor of the City of Chula
Vista
Approved as to form by
Assistant City/Q~torney
8607a ~_3
-4-
CHULA VISTA
TRACT ,NO, (~
84-7 UNIT
NOo J
RAbiCHO
1' I T LI~'
JANAL ~
~,~AP .bi o, co~j~ ~
$UBARF. A C
OLYMPIC
TRAINING
CENTER
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE June 4, 1991
ITEM TITLE:
RESOLUTIONj).(~Z~Amending FY lggo-91 Budget, providing for a
Liability Trust Fund appropriation to the General Liability
Insurance account.
SUBMITTED BY: DIRECTOR OF PERSONNEL~.~
REVIEWED BY: CITY MANAGER~ (4/5th Vote: Yes X
ND__)
Due to unanticipated expenditures in the City's General Liability Insurance
Account {100-0700-5233), an appropriation from the Liability Trust Fund of
$85,000 is needed to cover expenses through the end of FY 1990-91.
RECOMMENDATION: That Council adopt the resolution providing for an
appropriation of $85,000.
BOARDS AND COMMISSIONS RECOMMENDATIONS: N/A
DISCUSSION: A recent jury award and unanticipated legal expenses associated with
claims against the City have created a shortfall in the General Liability
Insurance Account. The jury award is due and payable on June 5, 1991.
A total of $85,000 is needed to cover the award, outstanding defense attorney
fees and anticipated expenses for the month of June.
FISCAL IMPACT: A total of $85,000 is to be appropriated from the Liability
Trust Fund to Insurance Account #100-0700-5233. The total sum appropriated to
this account will be expended by authorization and approval of the Finance
Director.
Q-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1990-91 BUDGET
PROVIDING FOR A LIABILITY TRUST FUND
APPROPRIATION TO THE GENERAL LIABILITY
INSURANCE ACCOUNT
The city Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, due to unanticipated expenditures in the city's
General Liability Insurance Account, an appropriation from the
General Fund of $85,000 is needed to cover expenses through the end
of FY 1990-91.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula Vista does hereby amend the FY 1990-91 budget by
appropriating $85,000 from the unappropriated balance of the
Liability Trust Fund into Insurance Account ~100-0700-5233.
Presented by
Approved as to form by
Candy Boshell, Director of
Personnel
c: \reso\liabilty aprop
Bruce M. Boogaar ,~lty Attorney
COUNCIL AGENDA STATEMENT
ITEM TITLE :
SUBMITTED BY
REVIEWED BY
Item
Resolution approving award of contract to Seagrave Fire Apparatus
Inc. (Seagrave), waiving bid requirement, and appropriating funds
therefore.
Fire Chief ~.%~
City Manager f/ (4/Sths Vote: Yes X No
RECOMMENDATION: Approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Interim Fire Station #6 is scheduled to be placed into service on March 1, 1992. The Fire
Department had originally proposed to purchase a Telesqurt~ equipped fire pumper for this
Station and a Request for Proposals (RFP) was issued accordingly. Recently enacted changes
to DMV regulations will lower allowable vehicle weight limits on December 31, 1991.
Telesqurt'" apparatus is extremely heavy and therefore, according to other potential bidders
whose pumpers would violate these new DMV restrictions, only one response to the RFP was
received. The proposal received was not acceptable to either the Director of Finance or the Fire
Chief.
Time and cost factors indicate reissuing a second RFP for a TelesqurtTM equipped fire pumper
may not be prudent. A second RFP would effectively postpone bringing the Station on-line and
increase the cost of the apparatus. Under optimal conditions, the development, circulation,
response and evaluation of a second RFP would take eight weeks. Regardless of the vendor
selected, there is a standard three-hundred (300) day delivery period once the purchase order is
made. Should a new purchase order be cut the first week of August, 1991, delivery would be
expected in early June, 1992. This is nearly three months after Station #6 is scheduled to be
operational. Without a fire pumper, Station #6 cannot possibly operate effectively.
Furthermore, changes in National Fire Protection Agency regulations that went into effect on
April I, 1991, would require any manufacturer to enclose and air condition the crew cab section
of the pumper if a new purchase order was issued. It is estimated that the cost of an air
conditioned crew cab would be $25,000. Staff concur that a waiver of the bid requirement is
the most timely and cost effective means of bringing Station #6 on-line by the target date
referenced above. Therefore, staff recommends waiver of the bid requirement.
i0-1
Page 2 Item ~0
Meeting Date 6/04/91
Staff further recommends that, with the cooperation of Seagrave, a second fire pumper be
obtained via an amendment to Purchase Order 192896. This P.O. was issued pursuant to a
successful bid response by Seagrave to an earlier RFP for replacement fire suppression
apparatus. Although the fire pumper that would be purchased under this recommendation is not
of the TelesqurtTM variety, it would meet all Fire Department and public safety specifications.
The total cost of pursuing this purchasing strategy is $221,000.
FISCAL IMPACT : $221,000 will be appropriated from the unappropriated balance of
the Fire Suppression Development Impact Fee. It is anticipated
that an agreement with the Eastlake Development Company will
provide full funding for this purchase. Under this proposed
agreement, Eastlake will receive credits against their portion of the
Public Facilities Development Impact Fee for fire facilities.
10-2-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AWARD OF CONTRACT TO
SEAGRAVE FIRE APPARATUS INC., WAIVING BID
REQUIREMENTS, AND APPROPRIATING FUNDS THEREFOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Interim Fire Station #6 is scheduled to be
placed into service on March 1, 1992 and it was originally
proposed to purchase a Telesquirt equipped fire pumper for this
Station and a Request for Proposals was issued accordingly; and
WHEREAS, if the potential purchase were rebid, the fire
pumper would not be delivered until approximately three (3)
months after Station ~6 opens and needs to be equipped; and
WHEREAS, recently enacted changes to DMV regulations
will lower allowable vehicle weight limits on December 31, 1991;
and Telesquirt apparatus is extremely heavy and would violate
these new DMV restrictions; and
WHEREAS, the proposal received for the
Telesquirt-equipped pumper was not acceptable to either the
Director of Finance or the Fire Chief; and
WHEREAS, staff recommends that a second fire pumper be
obtained at a cost of $221,000 via an amendment to Purchase Order
192896, which was issued pursuant to a successful bid response by
Seagrave to an earlier RFP for replacement apparatus; and
WHEREAS, Section 2.56.070 of the Chula Vista Municipal
Code authorizes dispensing with the requirements of competitive
bidding when the City Council determines that competitive bidding
is impractical or impossible.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby find competitive bidding is
impractical, and waive the competitive bidding requirements, and
approve awarding a contract to Seagrave Fire Apparatus Inc. for
purchase of a second fire pumper at a cost of $221,000 via an
amendment to Purchase Order 192896.
BE IT FURTHER RESOLVED that the amount of $221,000 is
hereby appropriated from the unappropriated balance of the Fire
Suppression Development Impact Fee Fund into Account
806-8060-5565-PF008.
Presented by
Approved as to form by
Sam Lopez, Fire Chief
8906a
BruceM. Boogaa~City Attorney
£0-3
INTEROFFICE MEMORANDUM
DATE:
May 23, 1991
TO:
Sam Lopez, Fire Chief
Lyman ChristoPher~irector
of Finance
FROM:
SUBJECT: LETTER FROM SEAGRAVE RE FIRE TRUCKS
The letter received from Seagrave indicates that they will accept
an Amendment to Purchase Order No. 192896, dated February 26, 1991,
so that the city may order 2 triple combination fire trucks instead
of one as originally planned.
As we discussed, you have specific reasons for wanting to piggy
back on the existing purchase order rather than taking the time
necessary to go through another bid process. Pursuant to my
conversation with the city Attorney, the City council will have to
approve the purchase of another fire truck through Seagrave.
To accomplish this, you will need to write an A-113 to the Council
recommending the purchase and explaining the circumstances for not
using the bid process.
The title of the A-113 should be: Resolution approving award of
contract to Seagrave, waiving bid requirement, and appropriating
funds therefor.
If you need any assistance, please let me know.
LCjeb
cc: Bruce Boogaard
10-$
.. ~
~~..
SEAGRAVE FIRE APPARATUS, INC.
CLlNTONVILLE. WISCONSIN 54929
Phone: (715) 823-3194
Telex: 26-3424
---
. . .
. -
JAMES V. ESPINOSA
PURCHASING AGENT
CITY OF CHULA VISTA
276 FOURTH AVENUE
CHULA VISTA, CALIFORNIA 92010
MAY 13, 1991
SUBJECT: CHULA VISTA P,O,#192896 PNS
DEAR MR. ESPINOSA:
SEAGRAVE WILL ACCEPT AN AMENDMENT TO SUBJECT PURCHASE
ORDER CHANGING QUANTITY FROM ONE (1) TO TWO (2) SEAGRAVE
MODEL JB50DLL TRIPLE COMBINATION FIRE TRUCKS UNTIL MAY
31. 1991 AT PRICING AS STATED ON PURCHASE ORDER.
THANK YOU FOR CONSIDERING SEAGRAVE.
SEAGRAVE FIRE APPARATUS, INC.
~flfO'N~W
AUTHORIZED DEALER
10.1
, PURr,~ASit,!G OIViSION
, '276 FOUR~
CH~LA VISTA, CA. 82010
te'll) S8"a14'
-PURCHASE ORDER
CITY OF CHULA' VISTA
[] CHANGE ORDER 0 CANCELLATION
No.I:19'2~~6 ~~~
THIS ORDER NUMBER MUST APPEAR
ON INVOICES, PACKAGES AND PAPERS
RELATING TO THIS ORDER.
. :.~: ~ ~ .: ; 1 .
....::;}
TO:
r
~" '.
INSTRUCTIONS: :<' . :~;~\:,!';:_:-:: ~ :',.: . .:: ..
. '. ' .
NO CHARGE FOR PACKING OR. ORAYAGE' WILL BE :ALLOWED YNLESS
SPECIFIED ON THIS ORDER, , ,...:;- . ,:,;-'.:'.i,
IF COMPLETE SHIPMENT CANNOT BE MADE AS SPECIFIED.' OR IF :'ANY
CHANGES ARE REOUIRED;, NOTIFY THE PURCHASING' AGENT
tMMEDIATELY.
SHOW SALES TAX AS A SEPARATE ITEM ON INVOICE,
INVOICES WITH PREPAID TRANSPORTATION CHARGES MUST, BE
SUPPORTED BY ORIGINAL RECEIPTEO BILL.
MAIL DUPLICATE tNVOICE TO: FINANCE DEPARTMENT "-
P,O, BOX 1087. CHULA VISTA, CA 92012
)ATE
iENDOR NO, .
02/26/91
052916
SEAGRAVE FIRE APPARATUS. INC.
105 E 12th STREET
CLINTONVILLE. WI 54929
~. ..,~-( tr- : dRPI2... 0 "'/1;','/,
L ool~o t'6/. .<J'<-p r~
. t-u...-. ~ '1 .r" >c
his order must be filled In accordance with Instructions
SHIPTO:
lID Oil QUOll
EQUIPMENT ~AINTENANCE DIVN
.707 "F" STREET. CHULA VISTA. CA 91910
o.lIver
F.O... CHUl.A VISTA
day. from receipt of order
TEAMS
NO.
COHFlnt.lIHQ
O DO HOT
OUII'LI(:ATE
IT'.
NO. QUANTITY
...IT
WHIE.
ITOCK NO.
OESCf\lllPT10N
UNIT PAICE . AMOUNT
2
,1';""
., .
.a
PLEASE SHOW ALTERNATE VENDOR FOR PNS P_O.:
SEAGRAVE MODEL JB50DLL 1.500 GPM
TRIPLE COMBINATION fIRE TRUCK PER BID
SPECIFlCATlONS
OPTIONAL EQUIPMENT
REAR DISCRARGE
(FD90/91/192/PS5872)
7% SALES TAX
05,250. 05,250.00
1
1
el
.' '\
,
i,$OO~ :'i,500.00
'., ."
:.~
. ~.
"\' :,', ,: J..:.:,~ :
>" -~,' .
31 ea
14,472;~
. ,
14,472.5.
. j..:
:.:..:-:tt::-f'~,
'\.l.,-'
. .~..
, TOTAL
;~ ~;h~;~~~'~~~ (
':";;,;t.;,..-?,
.. >:...\>i.:. .
21.225.!i0
-
, ;,'
'.', 000
0-0000 *
", ".,
.. .~
;':.-
. '
'., ":~.:
. '-.~ .
'.
:.;.
272,169-0000 +
'?1.1,;>';~',.5uOO -
002
00,943-5000 *
.
b-"
..:....
,.'
. .,....
. ~' , ,',' ~ ,-'
, " ",," ~ ',.~' -, .. "
:",: .....-.. .:;:,",0:-- ~'-~.':'
..-::.....-..
.'t:,:
.J,_,
....... .
~
. ..
" '..~
'.,
rUND DEPT I ACT
PROJECT
_UN'
CITY OF,! .9HULA VISTA
i ! ,) ! .
BV JAMES~~~SA
jr 1 ? 'J
'UNOS AVAILABLE. F'NANCE DEPT
/
FORM NO. PRone (REV '''5)
WHITE. ORiGINAL' CAN....RY _ FINANCE OEPT , PINK. PUFlCHA!ING AGENT' GOLDENROD. ORIGINATING DEPT. . OREEN. RECEIVING COPY
___~ _. . ~_. ._.~.... . ..'_' , . ,",..;., -. '.' j.(:)~r ~ ,'I~~"'" ','a" '. .,".,,, l . \......." . , ~.....,u ..
TOT AL ---
.. .
\ '
COUNCIL AGENDA STATEMENT
Item
Meeting Date 06-04-91
ITEM TITLE:
SUBMI'ITED BY:
RESOLUTION.~$~ To Allow Closure of Third Avenue from "E"
Street to "G" Street in Order to Conduct a Craft Festival on August 25,
1991, Allowing the Waiving of the Sidewalk Sales Ordinance, and
Allowing the Waiving of Business License Fees for the Third Avenue
Festival
Community Development Director C~- tO '
REVIEWED BY: City Manage~
(4/Sths Vote: Yes __ No X )
BACKGROUND:
The Chula Vista Downtown Business Association is requesting permission to close Third
Avenue between "E" and "G" Street in order to conduct the Third Avenue Festival on
Sunday August 25, 1991 from 10 AM to 5 PM. The festivities for this event will include live
entertainment along with a pancake breakfast, a certified Farmers Market, kiddie rides, 400
arts and craft booths, and 30 to 40 food booths.
RECOMMENDATION:
which:
Staff reconunends that Council adopt the attached Resolution
Allows the Downtown Business Association to close Third Avenue from "E"
to "G" Street;
Waives the City's sidewalk sales ordinance; and,
Waives Business License Fees for vendors taking part in the Third Avenue
Festival.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Downtown Business Association is requesting the closure of the following sections of
streets on Sunday, August 25, 1991 from 6:00 a.m. to 7:00 p.m. (A formal letter of request
is attached):
Item .-~
Meeting Date 06-04-9!
Page Two
Third Avenue from the South side of "E" to the North side of
"G" Streets; Davidson Street between Landis and Church
Center Street; "F" Street between Landis and Church Street;
Center Street between Third Avenue and Church Street;
Madrona Street between Third Avenue and Church Street; Park
Way between Garret Street and Third Avenue.
The Downtown Business Association is also requesting the following:
1. The necessary Police and Fire Department personnel to assure basic public
safety and order during the event.
2. A waiver of sidewalk sales ordinances and business license requirements for
vendors taking part in the event.
3. The use of various City equipment such as barricades and traffic cones.
The Chula Vista Downtown Business Association proposes to execute the following:
1. Provide a map to the traffic engineer depicting the closure of streets and the
flow of traffic;
2. Contact Lt. Don Partch to arrange for necessary traffic and crowd control;
3. Work with the Fire Marshall, Carol Gove, to arrange for meeting City Fire
Department requirements;
4. Coordinate scheduling of a meeting between the County Health Department
and food vendors to assure compliance with County Health Codes;
5. Notify all business affected by the street closures along Third Avenue;
6. Work with Parks and Recreation to coordinate the regular 4 PM Sunday
afternoon concert in Memorial Bowl with other scheduled entertainment;
7. Contact Public Works to arrange for barricades and posting of no parking
signs 24 hours in advance;
8. Make provision for: trash and litter control during the event, cleaning the
streets at the end of the Festival and coordinate final street sweeping with the
Public Works Department following the Festival; and,
Item
Meeting Date 06-04-91
Page Three
Provide a certificate of general liability insurance in the amount of one
million dollars ($1,000,000), which names the City of Chula Vista as additional
insured. Execute the City's hold harmless agreement;
ANALYSIS:
Since closing Third Avenue will affect the flow of traffic in the downtown area, staff has
contacted the City's traffic engineers, and they have prepared a plan which specifies how
traffic must be managed on Sunday, August 25, 1991. When staff spoke with the traffic
engineer, he stated that the street closure would not be a problem if the Downtown Business
Association followed the plan he prepared for them. The Downtown Business Association
has been given the plan, and they have agreed to abide by it.
Since closing Third Avenue will also affect the City Transit System, staff also talked with
the Transit Department, and they have agreed to the closure as long as "E" and "G" Streets
remain passable for traffic. The Downtown Business Association is aware of this stipulation.
The Downtown Business Association has also requested that the Business License Fees be
waived for The Third Avenue Festival. In the past, the City has waived the Business
License Fees for vendors taking part in the one day event in order to encourage
participation. The Festival is expected to attract thousands of people as well as promote
the downtown. If the fees are not waived, each individual vendor will be charged $83.75
plus whatever the Downtown Business Association is charging for booth fees,and the
combination of these fees could discourage vendor participation. Since having a large
number of vendors will help insure the success of the Festival, Staff recommends the waiver,
and since most of the $83.75 is the downtown assessment district fee, it seems reasonable
to waive these fees.
CONDITIONS OF APPROVAL:
It is recommended that the City Council approve the Downtown Business Association's
requests subject to the following conditions:
The Downtown Business Association must provide, one month prior to the
Third Avenue Festival, evidence of general liability insurance in the amount
of $1 million, in the form of a certificate of insurance and policy endorsement,
naming the City of Chula Vista as additional insured;
The Downtown Business Association must execute an agreement to hold the
City harmless from any liability stemming from Festival activities in the street;
Item .~
Meeting Date 06-04-91
Page Four
The Downtown Business Association needs to provide for adequate traffic and
crowd control, as determined by the Police Department, the cost of which will
be paid for by The Downtown Business Association;
The Downtown Business Association needs to also provide for adequate litter
control during and after the event including professional street sweeping.
Expenses for this service will be paid for by The Downtown Business
Association; and,
The Downtown Business Association must notify everyone, business people
and residents, affected by the street closure within ten days of the event. The
Downtown Business Association must also submit a list of who they notified.
FISCAL IMPACT:
The City will incur the administrative costs of processing this request and coordinating the
use of various City equipment. The Downtown Business Association will pay for costs
related to the special police for traffic/crowd control; public works personnel for trash
control, street cleaning, sidewalk cleaning and any additional costs or labor; and any
additional services provided by the City.
[C:\WP5 I\COUNCIL\A-113-1.TXT]
ESO UTION NO.
TO ALLOW CLOSURE OF THIRD AVENUE FROM "E" STREET TO
"G" STREET IN ORDER TO CONDUCT A CRAFT FESTIVAL ON
AUGUST 25, 1991, ALLOWING THE WAIVING OF THE SIDEWALK
SALES ORDINANCE, AND ALLOWING THE WAIVING OF BUSINESS
LICENSE FEES FOR THE THIRD AVENUE FESTIVAL
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971 which created the Downtown Business
Association; and
WHEREAS, the Downtown Business Association has requested to close Third
Avenue from "E" to "G" Street in order to conduct The Third Avenue Festival or craft fair
on August 25, 1991; and
WHEREAS, the Downtown Business Association has requested a waiver of
the City's Sidewalk Sales Ordinance so that the Downtown Business Association can conduct
The Third Avenue Festival; and
WHEREAS, the Downtown Business Association has also requested a waiver
of the Business License Fees for vendors taking part in The Third Avenue Festival; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista approves the closure of Third Avenue on August 25, 1991 for the purpose
The Third Avenue Festival; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council
of the City of Chula Vista approves the requested waiver of the City's Sidewalk Sales
Ordinance so that the Downtown Business Association can conduct the Third Avenue
Festival on August 25, 1991; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council
of the City of Chula Vista approves the requested waiver of the City's Business License Fees
for all vendors taking part in the Third Avenue Festival on August 25, 1991.
Presented by:
Chris Salomone
Community Development Director
Approved as to form by:
Bruce M. Boogaard
City Attorney
[C:\WP5 I\COUNCIL\D BA-RESO.TXT]
1/_-5
05,28/91 10:51
'2t4213600
CREASER. PR I CE
Hay 28, 1991
City of Chu1a Vista
COIIIIIIunity Redevelopment Department
CIO Aliaa DUffey Ro~s
2711 Fourth Avenue
Chula Vista, CA 91910
Dear Alisa,
Regarding our planned. 3RD Avenue Festival on nlJUBt 25Th;
it is understood that the additional expense requ ed tor
pOlice and public works will be charged to our Red veloproent
Agency Funding. ,
Thank you Aliaia for all your good work in a..~.ting our
association toward meeting our goals.
Reqards,
~~~-.'-
Hichael steiner
President; Chula Vista
Downtown Business Association
.11.-7
!gJ00V002
MR. CHRIS SALOMONE,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF CHULA VISTA,
COMMUNITY DEVELOPMENT DEPARTMENT
276 FOURTH AVE., CHULA VISTA, CA. 92010
MAY 21, 1'3'31
MAY 2 3
DEM~ CHfHf:',
':. or:
ON BEHALF OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION,
PLEASE ACCEPT THIS LETTER, AS OUR FORMAL REQUEST FOR PERMIS-
SION TO CONDUCT THE 3RD AVENUE FESTIVAL.
THE EVENT HAS BEEN PLANNED FOR SUNDAY, AUGUST 25, 1991. THE
FESTIVAL HOURS ARE 10:00 AM TO 5:00 PM. LIVE ENTERTAINMENT
IS PLANNED ALONG WITH A PANCAKE BREAKFAST, CERTIFIED FARMERS
MARKET, KIDDIE RIDES, 400 ARTS AND CRAFTS BOOTHS, 30 TO 40
FOOD BOOTHS (PREFERABLY OPERATED BY COMMUNITY CHARITIES AND
SERVICE CLUBS) AND PROJECTED ATTENDANCE OF 30,000 TO 40,000.
THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION RESPECTFULLY
REQUESTS THE FOLLOWING:
1. CLOSURE OF l~E FOLLOWING SECTIONS OF STREETS ON SUNDAY,
AUGUST 25, 1991 FROM 6:00 AM TO 7:00 PM:
cmD fWE., FfWM THE soun-I SIDE OF "E"
HJ THE NDfHH SIDE OF "G" STREEn3
DAVIDSON, BETWEEN LANDIS AND CHURCH
"FIl f:;T. ~ BET~'JEEN Lf;NDI~; AND CHUHCH
CENTER ST., BETWEEN "3RD" ST. MID CHUm:I-1
rll\DrWNA ST., BETWEEN "31m" fiT. AI\lD CHURCH
F)Ar~K W{,Y, BETWEEN D{,fWET AND "3rm" ST.
2. NECESSARY POLICE AND FIRE DEPARTMENT PERSONNEL TO ASSURE
BASIC PUBLIC SAFETY AND ORDER DURING THE EVENT.
3. SINCE THIS EVENT PROMOTES THE CITY OF CHULA VISTA AND
DRAWS THOUSANDS OF PEOPLE TO OUR CITY AND IT IS A NONPROFIT
VENTURE, WE REQUEST A WAIVER OF SIDEWALK SALES ORDINANCES,
BUSINESS LICENSE REULJIREMENTS AND COSTS ASSOCIATED WITH SUP-
FJOF~T By CITY PERSONNEL.
-rHE CHULA VIE;TA DOWNTOWN BUSINESS ASSOCIA"fION WILL:
1. FJROVIDE A MAP TO T~iE TRAFFIC ENGINEER DEfJICTING THE CLO-
SURE OF STREE1'"S AND T~~E FLOW OF TRAFFIC.
2. CDNTACT LT. DON PARTCH, CHULA VISTA POLICE DEPARTMENT,
TO ARRANGE FOR NECESSARY TRAFFIC AND CRDWD CONTROL.
3. WORK WITH FIRE MARSHAL CAROL GROVE TO ARRANGE FOR MEET-
IND CITY FIRE DEPARTMENT REQUIREMENTS.
11.-9
.
4. COORDINATE SCHEDULING OF A MEETING BETWEEN THE COUNTY
HEALTH DEPARTMENT AND FOOD VENDORS TO ASSURE COMPLIANCE WITH
COUNTY HEALTH CODES.
5. NOTIFY ALL BUSINESSES AFFECTED BY THE STREET CLOSURE
ALONG THIRD AVENUE.
b. WORK WITH PARKS AND RECREATION DEPARTMENT'S JOHN GATES
TO COORDINATE THE REGULAR 4:00 PM SUNDAY AFTERNOON CONCERT IN
MEMORIAL BOWL WITH OTHER SCHEDULED FESTIVAL ENTERTAINMENT.
7. CONTACT PUBLIC WORKS, AND ARRANGE FOR BARRICADES AND
POSTING OF NO PARKING SIGNS TWENTY-FOUR (24) HOURS IN AD-
\)(:\NCE.
8. MAKE PROVISION FOR: TRASH AND LITTER CONTROL DURING
THE EVENT, CLEANING THE STREETS AT THE END OF THE FESTIVAL
AND COORDINATING FINAL STREET SWEEPING WITH THE PUBLIC WORKS
DEPARTMENT FOLLOWING THE EVENT.
9. PROVIDE A CERTIFICATE OF GENERAL LIABILITY
THE AMOUNT OF ONE MILLION DOLLARS ($l,rnJO,OOOl,
THE CITY OF CHULA VISTA AS ADDITIONAL INSURED.
CITY'S HOLD HARMLESS AGREEMENT.
H.i::3uru,NCE IN
WH I CH r"A~IE~3
EXECUTE THE
THANK YOU IN ADVANCE FOR YOUR PROMPT ATTENTION TO THIS
REQUEST. WE WOULD LIKE TO MOVE AHEAD ON THIS EVENT, AND NEED
THE CITY'S APPROVAL AS SOON AS POSSIBLE.
Tf~LJL 'f 'r'GUF~S,
-~Jr~
!'IIICHf:-iEL. STEINEF~y
PRESIDENT, CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION
42:l --~:~600
{\ TTt:."CHty'IENT ~ ,"'If'IP
CC, KEITH KENNEDY
KENNEDY & ASSOCIATES
11. -10
c W -J [STREET r---
a: :::> <t DD~DD
M z > ~~
W -
I-
> en DD~D~
<C w o.~
U. rID
o~~
rSTREET
~~~ ~D9D~D;D~
~ -:t:
.-s 5 <' .. i ~
::;:; ~ ~ r: ~
~ o 0 U
o Q,) D JIDD
-Or:
:s .Ci)
':::Q~
U c:Q
GSTREET
Chu/a Vista
DOWNTOWN
Business Association
P.O. BOX 17904 #141
SAN DIEGO, CA 92177
fELEPHONE INQUIRIES TO: KENNEDY ASSOCIATES
(6191221-7367/483-5373/945.2494
>.
CI:l
-0
c
::J
(f)
..-
~.-~I
LO
i ~I l~sC=~1 I~
~ ~C'J I, '0< J ~ L A3,~~' J l:J ~
=]]@DaIIb =~mm enU8^v~pJt =~1Dtl:lb
L OO"J [' 0" / I r 00' 'II' 00'
).)1111
I lL I ~~[
, '1Fll
S 31ltlSclJlNI
UJ...J
<t:
Q=>>
a:Z-
C")UJ~
>UJ
<t:LL
3M HJ~mD
.
3^V smNlil
~
---, I
-..>",,',;.,,.
GENERAL FESTIVAL INFORMATION
I
APPLICATION DEADLINES
A. In office by July 1.
B. All applications must be complete with S.A.S.E.
C. All applications must be accompanied with a check or
money order.
D. Cashed check does not mean automatic confirmation.
VI
PARKING
A. All vehicles out of Festival area by 9:30 a.m.
B. Parking only on periphery of Festival area.
C. Parking very limited. no alley parking - Police regulations.
In order to enhance and improve future C.Y.B.MA Festival, the CVBMA
Committee reserves the right to alter the format or character of the
Festival at the committee's discretion. Exhibitors will be advised 01
material changes prior to the next Festival date.
II
APPLICATION PRIORITY
A. Downtown merchants have 1st priority for (1) space,
for their product(s) in front of their business. Submit by
June 1.
8. Space assignments & priority system based on
deadlines & time stamp.
VII
TAXES
A. Tax number must be on application.
B. Vendors responsible for collecting & reporting sales
tax.
SPACE RENTAL SCHEDULE
A.
B.
..,.C.
t-4D
,
"""
tJA
III
SPACES
Curb space"" 15' wide (across front) x 10' deep.
Center space"" 15' wide x 15' deep.
Center space series (1000, 2000, 3000 & 4000).
Spaces with electric available are limited.
VtII
PERMITS. CERTIFICATES
A. Food vendors . you are responsible _ for obtaining &
meeting County Health Permits.
B. Food vendors - All permits must be posted in booth.
C. Food vendors. Certified fire extinguisher required by
Fire Marshal.
NON.FOOO
3RD Avenue
$70.00
FOOD
All Food Associated Booths
$150.00
Must request
limited.
B. Electricity charge ($50) must be included with appU.
cation.
C. Personal "whisper" type generators allowed.
D. Cords must be commercial type and taped down, Fire
Dept. regulations.
IV
ELECTRICtTY
electricity on application
. availability
IX
CONFIRMATIONS/REFUNDS
A. Confirmations & refunds - by mail 60 days before
Festival.
B. No refunds will be made after July 15.
C. No refund in case of inclement weather, acts of nature
or restrictions by governmental agencies to cancel the
event, over which the C.V.B. Merchants Association
has no control.
Total of 40 Food Booths allowed. Preferences will go
to Chula Vista Service Clubs, Licensed Businesses,
CVBMA merchants.
NOTE: Electric
Add $50.00
SELF-ADDRESSED STAMPED ENVELOPE REQUIRED
V
HOURS/SCHEDULES
A. Festival Hours:::: 10 a.m. 10 5 p.m.
B. Set Up (7-8A) & (8-9A) assigned time on confirmation.
C. Space forieited if not occupied by 9:45 a.m.
D. AU spaces cleared & streets open by 6:30 p.rn
X
OTHER
A. The C.V.B.M.A. reserves the right to limit the number
of applications for anyone particular type of
goods/services, thereby protecting all vendors and
maintaining diversity for the Festival.
B. The personnel of the Festival reserve the right to
change or substitute vendor spaces for the good of the
Festival and its participants.
C. No stolen merchandise, fire arms, ammunition,
alcoholic beverages or drugs on Festival grounds.
D. Merchandise should be displayed as colorful and
tastefully as possible.
WE ARE NOT AN ARTS AND CRAFT FESTIV Al.
WE ARE A STREET FESTIVAl.
CONTENT OBJECTIVES
ARTS AND CRAFTS 80%
COMMERCIAL 5%
INFORMATIONAL 5%
FOOD 5%
ATTRACTIONS & ENTERTAINMENT 5%
JOIN US IN CHULA VISTA
REMEMBER BOOTH ASSIGNMENTS ARE CONFIRMED BY MAIL ONL Y 60 DAYS PRIOR TO FEST/VAL DATE.
COUNCIL AGENDA STATEMENT
Item__~e~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Meeting Date 6/4/9]
Resolution ~&~ Approving final map and subdivision
improvement agreement for Chula Vista Tract go-03, Park Bonita
Subdivision
Manager~' (4/5ths Vote: Yes No x .)
City
On November 14, 1989, by Resolution 15388, the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 90-03 Park Bonita. The
Final Map is now before Council for approval.
RECOMMENDATION: That Council adopt a resolution approving subject final map.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The final map of Chula Vista Tract 90-03, Park Bonita consists of 19 single
family residential lots and three lots for open space, public utilities and
other public uses.
The final map for said subdivision has been reviewed by the Public Works
Department and found to be in substantial conformance with the approved
Tentative Map and all relevant conditions of approval have been completed.
Approval of this map constitutes acceptance of all drainage, sewer, tree
planting and access easements within the subdivision. Approval of this map
also constitutes acceptance on behalf of the public of all the streets
dedicated on the subdivision map and acceptance of the lots granted on said
map for open space, public utilities and other public uses. Streets,
easements and open space lots are shown on the attached Exhibit "A".
The developer has executed the subdivision improvement agreement and has
provided bonds to guarantee construction of the required improvements.
Plats are available for Council viewing.
FISCAL IMPACT: None.
WPC 5572E
RESOLUTION NO.
RESOLUTION OE THE CITY COUNCIL OF ~H~ CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT 90-03, PARK BONITA, ACCEPTING ON
BEHALF OF THE PUBLIC THE PUBLIC STREETS
DEDICATED ON SAID MAP, ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA THE EASEMENTS GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION, AND
APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 90-03, PARK BONITA, and more
particularly described as follows:
Being a subdivision of portions of Quarter Sections 110
and 111 of Rancho de la Nacion, in the City of Chula
Vista, County of San Diego, State of California,
according to Map thereof N. 166, filed May 11, 1869 in
the office of the County Recorder of said County.
Area: 4.81 Acres No. of Lots: 22
Lettered Lots: 3 No. of Units: 19
Numbered Lots: 19
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Richmond
Park Place, Richmond Park Court and a portion of Bonita Road and
said streets are hereby declared to be public streets and
dedicated to the public use.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the sewer and drainage
easements and Lots "A", "B" and "C" for open space, public
utilities and other public uses, and abutters rights of access in
and to "E" Street, Bonita Road and Richmond Park Place adjacent
and contiguous to Lots 1, 8, 9, 13 through 19, all as granted and
shown on said map within said subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said
Council has approved said subdivision map, that said public
streets are accepted on behalf of the public as heretofore stated
and that those certain easements for sewer and drainage, and lot
for open space, public utilities and other public uses and
abutters rights of access, as granted thereon and shown on said
map within said subdivision is accepted on behalf of the City of
Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to transmit said map to the Clerk of the Board
of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement for Chula Vista Tract 90-03, PARK BONITA, a
copy of which is on file in the office of the City Clerk, is
hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is authorized and directed to execute said Agreement
for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
8916a
Bruce M. Boogaard~y Attorney
. ,
J\ .~ \!
.~ r
(
,..
t.
r
l
RESOLUTION NO.
15388
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TENTATIVE SUBDIVISION
MAP FOR PARK BONITA, CHULA VISTA TRACT 90-03,
LOCATED AT THE NORTHWEST CORNER OF 'E' STREET
AND BONITA ROAD, EAST OF HILLTOP DRIVE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Stafford
approximately 5 acres into
zoned R-1-7 and located at
Street and Bonita Road, and
Gardner proposes to
19 single family lots on
the westerly intersection
subdivide
property
of 'E"
WHEREAS, an earlier request to rezone
R-1-5-P and develop 21 single family dwellings was
City Council on August 15, 1989, and
the site to
denied by the
(
WHEREAS, the Environmental Review Coordinator conducted
an Ini tial Study, 15-89-69, of potential environmental impacts
associated wi th the implementation of the project and based on
the attached Ini tial Study and comments thereon, if any, the
Coordinator has concluded that there would be no significant
environmental impacts, and recommends adoption of the Mi tiga ted
Negative Declaration Mitigation Monitoring Program for 15-89-69,
and
WHEREAS, on October 25,
voted 4-2 to approve the map
PCS-90-03.
1989, the planning
in accordance with
Commission
Resolution
.
the City
map for
following
NOW, THEREFORE, BE IT RESOLVED that the City Council of
of Chula Vista does hereby approve tentative subdivision
Park Bonita, Chula Vista Tract 90-03 based on the
findings:
Pursuant to Section 66473.5 of the Subdivision Map
Act, the tentative subdivision map for Park Bonita, Chula Vista
Tract 89-11, is found to be in conformance with the elements of
the General Plan based on the fOllowing:
1. The site is physically suitable for residential
development and the proposal conforms to all
standards established by the City for such projects.
2. The design of the subdivision will not affect the
existing improvements--streets, sewers, etc.
which have or will be deSigned to avoid any serious
problems.
-
-ll2o...7
,. "
:, I'
IJ
c
(
-
,
j
3.
The project is in substantial conformance with
Chula Vista General Plan Elements as follows:
Land Use - The project density of 3.8 dulac is
consistent with the 3-6 dulac shown in the
General Plan Update.
the
a.
b. Circulation The project will be served by
public streets within the project, and a single
access point onto Bonita Road in order to
minimize adverse traffic impacts.
c. Housing The project will provide
single-family detached housing consistent with
the surrounding neighborhood to the south and
west.
d. Conservation - An existing grove of eucalyptus
trees shall be retained in a permanent open
space reservation.
e. Park and Recreation, Open Space - The project
will be required to pay park acquisition and
development fees pr ior to approval of a final
map. More than one-half acre will be retained
as permanent open space.
f.
Seismic Safety There are no known faults
within the immediate vicinity of the site.
g.
Safety The
standards with
and pOlice.
.
site is within the threshold
regard to response time for fire
h. Noise - A noise wall will be required along "E"
Street and construction techniques will be used
to reduce interior noise levels to 45 dB-A.
1.
Scenic Highway A landscape
decorative wall, along with the
grove, shall be maintained along the
Gateway.
strip and
eucalyptus
"E" Street
j. Bicycle Routes "E" Street is a designated
bike route and shall be improved to accommodate
a bicycle lane.
k.
Public Buildings
to RCT and DIP
permits.
- The project shall be subject
fees at issuance of building
-2-
12.. -i
y
r.r
~
fi
," .,
/
\,
4.
Pursuant to Section 66412.2 of the Subdivision Map
Act, the Council certifies that it has considered
the effect of this approval on the housing needs of
the region and has balanced those needs against the
public service needs of the residents of the City
and the available fiscal and environmental resources.
(
5. The size and configuration of the site and resulting
street pattern do not allow for the optimum siting
of lots for passive or natural heating and cooling
opportunities without reducing the density well
below that allowed under the existing zoning.
(
BE IT FURTHER RESOLVED that approval of said
subdivision is subject to the following conditions:
1. A 6 ft. minimum level width of landscaping backed by
a decorative wall shall be provided between back of
sidewalk and property line for all lots which
back-on or side-on to wEw Street and Boni ta Road
with the exception of the wider up-slopes involving
a total dimension of 10 ft. or wider from back of
sidewalk on lots 14 and 15, in which case the wall
will be located at top of slope. The top of slope
on Lot 14 shall be drawn back from the intersection
an addi tional 15 ft. providing a gentler 4: 1 slope
transi tion. These areas as well as the eucalyptus
grove shall be shown as a separate lettered lot (s)
to be incorporated into an open space maintenance
district which shall be formed at the request of the
applicant.
2. A 6 ft. high solid masonry wall with pilasters (25
ft. minimum on center) shall be establ ished wi thin
the open space maintenance district along WE"
Street, Bonita Road, and to the setback lines of
Lots 1 (exterior) and 19 (front). A 6 ft. high wood
fence wi th masonry pilaster sat 25 ft. on center
shall be constructed along the westerly boundary.
The CC&R I s shall contain a prohibi tion against any
modifications, additions or supplements to the
perimeter wall/fence.
3. A landscape and irrigation plan shall be submitted
for review and approval of the City Landscape
Architect in accordance with the Chula Vista
Landscape Manual to include the open space
maintenance district lot(s) and the wall/fencing
program and details.
.
-3-
J'z.-~
... .<<
,
~ ~,
(
,.~
".--
c
4. Written evidence shall be submitted to the City that
agreements have been reached with both school
districts regarding the provision of adequate school
facilities to serve the project prior to approval of
the final map.
5.
The approval of a final map by the
require compliance with the City's
standards to the satisfaction of
Planning.
City Council will
adopted threshold
the Director of
6. The amount of any fees applicable to the project,
including but not limited to PAD, DIF and RCT fees,
shall be those in effect at the time they are
collected.
7. The applicant shall retain an acoustician certified
with the City of Chula Vista to take noise readings
following the construction of the noise barrier wall
but prior to the issuance of building permi ts for
the dwellings. Based on these readings, the
applicant will be required to use any additional
construction techniques that may be necessary to
reduce the noise level to 45 dB-A. Prior to
occupancy, noise level readings will again be
required to assure that interior noise levels are
reduced to 45 dB-A or lower.
(
8. The developer shall be responsible for the
construction of full street improvements for all
streets wi thin the subdivision and for all street
improvements for streets adjacent to the subdivision
as shown on the Tentative Map or as modified by the
City Engineer.
9. Public improvements as descr ibed in this resolution
shall include, but not be limited to: AC pavement
and base, concrete curb, gutter, sidewalk, street
lights, signs, street trees, fire hydrants, sanitary
sewer, water and drainage facilities. All
improvements shall be designed and constructed in
accordance with City standards.
.
10.
The developer shall grant to the
planting and maintenance easements
streets wi thin the subdivision as
City Engineer.
Ci ty street tree
along all pUblic
required by the
11. The developer shall request the vacation of that
portion of Hilltop Drive located within the project,
along the westerly property line of subject
project. Said vacation shall be approved by the
City Council prior to approval of the Final Map.
--
-4-
12.-10
"_. '~.,-"~"~~~":~--
to
\r
c
, ..
,
c
12. Access rights to and from Bonita Road and "E" street
shall be relinquished on all lots abutting on said
streets.
13. Graded access shall be provided to all storm drain
structures as required by the City Engineer.
14. Specific methods of handling storm drainage are
subject to detailed approval by the City Engineer at
the time of submission of improvement and grading
plans. Design shall be accomplished on the basis of
the requirements of the Subdivision Manual and the
Grading Ordinance (No. 1797 as amended).
15. The developer shall submit calculations to
demonstrate compliance with all drainage
requirements of the Subdivision Manual to include,
but not be limited to, dry lane requirements.
Calculations shall also be provided to demonstrate
the adequacy of downstream drainage structures,
pipes and inlets.
16. Lots shall be so graded as to drain to the street or
to an approved drainage system. Drainage shall not
be permitted to flow over slopes.
~
17. Sewer manholes shall be provided at all changes of
alignment and grade. Sewers serving 10 or less
equivalent dwelling units shall have a minimum grade
of 1%.
/"i
18. Pr ior to approval of the Final Map and subject to
the approval of the City Engineer, the developer
shall submit a study, analyzing the adequacy of the
eXisting downstream sewer system to handle the
sewage flow to be generated by the project. Said
study shall identify the necessary mitigation
measures to be implemented to meet City standards.
.
19. The owner shall be responsible for the construction
of a brow ditch along the westerly property line.
This brow ditch shall extend from "E" Street to the
northerly end of the curb and gutter to be installed
as required in condition of approval No. 27 herein.
The owner shall also be required to regrade the area
westerly of said brow ditch to direct drainage from
the adjacent slopes into the brow ditch. Prior to
approval of the Final Map, the owner shall provide
for the perpetual maintenance of said brow ditch.
20. Lot lines shall be located at the top of slopes.
.....
-5-
, 2--11
"-""~'.~.'
"~._,"' .
._TI
.. ..
c
~
(
21. An erosion and sedimentation control plan shall be
included as part of the grading plans.
22. All buildings shall meet current City and Federal
flood plain management standards.
23. The final vertical and horizontal alignment of
Streets "A" and "B" and the intersection of Street
"A" with Bonita Road shall meet sight distance
requirements in accordance with City standards.
24. Prior to the approval of the Final Subdivision Map,
the developer shall submit evidence to the
satisfaction of the City Engineer that adequate
visibility to the existing traffic signal at the
intersection of "E" Street and Bonita Road has been
provided for the eastbound traffic in Bonita Road.
25. The developer shall be responsible for repayment of
the construction cost of improvements installed at
the southwest corner of the intersection of Bonita
Road and "E" Street in accordance with Resolution
No. 12763. This payment shall be made prior to
Final Map approval.
('
I.....
26. The owner shall be responsible for the construction
of sidewalk along the entire frontage of the subject
property on "E" Street. Any necessary transition to
the existing improvements shall be provided as
required by the City Engineer.
27. The subdivider shall be responsible for the
installation of AC pavement and curb and gutter in
Hilltop Drive to provide a total width of 24.5 feet
(curb-to-curbl. These improvements shall extend
from Bonita Road to the northerly end of the
existing pavement in Hilltop Drive.
.
28. The developer shall provide access on an equal basis
to and upon individual lots for all franchised cable
television companies.
29. The project proponent shall enter into a three party
agreement with the Environmental Review Coordinator
to retain the services of a Mi tiga tion Compl iance
Coordinator to fully implement the Mitigation
Monitoring Program for 1S-89-69.
30. The fOllowing are Code requirements:
a.
The developer shall
Participation fees in
Council policy prior to
permits.
pay Traffic Signal
accordance wi th Ci ty
issuance of building
l
-6-
, 2..../2-
.'" --
: ~.
c
(
l
c
(.~
b. The developer shall pay all applicable sewer
fees, including but not limited to the Sewer
Participation Fee, prior to issuance of building
permits.
c.
The developer shall underground
overhead facili ties lying
subdivision. All utilities
subdivision shall be undergrounded.
all existing
wi thin the
serving the
d. The developer shall pay Park Acquisition and
Development fees prior to recordation of the
Final Map. Residential Construction Taxes and
Development Impact Fees shall be paid prior to
the issuance of building permits.
e. All grading work shall be done in accordance
wi th the Ci ty of Chula Vista Landscape Manual
and Grading Ordinance 1797 as amended.
f. The developer shall install street trees in
accordance wi th Section 18.28.10 of Chula Vista
Municipal Code.
g. The developer shall comply with all applicable
sections of the Chula Vista Municipal Code.
Preparation of Final Maps and all plans shall be
in accordance wi th the provisions of the
Subdi vision Map Act, Subdivision Ordinance and
the Subdivision Manual of the City of Chula
Vista.
.
Presented by
~d&
Robert A. Leiter, Director of
Planning
6457a
-7-
''2..-1 "3
"''.''c'>=,:".,...' ,_ ..,,~.~ . ':':--':~~""=" _ ,,'_
" ~
(
r/
\...
l
,".
Resolution No. 15388
(..:
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Chula Vista, California, this 14th day of November, 1989 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
ATTEST:
'-A# {1hg/1!!c,erk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
) ss.
)
McCandliss, Moore, Nader, Cox
None
Malcolm
None
G!k:~. ~f~.Yor
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
15388 was duly passed, approved, and adopted by the City Council
of the City of Chula Vista, California, at a regular meeting of
said City Council held on the 14th day of November, 1989.
Executed this 14th day of November, 1989.
~(l UP4U
Beverly . Authelet, City Clerk
) 2.-1'1
..._~-'"--..... .
. . ,,_ :E-I.
COUNCIL AGENDA STATEMENT
ITEM TITLE: a)
b)
SUBMI1TED BY:
REVIEWED BY:
Meeting Date 6/4/91
Resolution ~J~ Approving program supplement No. 6 to
local agency state agreement for Federal-aid projects No.
11-5203 for the reimbursement to the City for cost incurred
for construction engineering and construction costs associated
with Telegraph Canyon Road project from Apache Drive to Otay
Lakes Road and Otay Lakes Road from Apache Drive to Rutgers
Avenue and authorizing the Director of Public Works to execute
said agreement of behalf of the City.
Resolution 1~1t~ Approving program supplement No. 3
revision 1 to local agency - state agreement for Federal-aid
projects No. 11-5203 for the reimbursement to the City for
cost incurred for preliminary engineering, right-of-way,
construction engineering, and construction costs associated
with the improvement of Otay Lakes Road from Telegraph Canyon
Road to Apache Drive and on Otay Lakes Road from Telegraph
Canyon Road to Rutgers Avenue and authorize the Director of
Public Works toexecute said ag~ement on behalf of the City.
Director of Public Works~
City Manager~ F I' (4/Sths Vote: Yes No X.)
Included in the City's Capital Improvement program is a project for the
improvement of Telegraph Canyon Road and Otay Lakes Road between Apache Drive
and Rutgers Ave. Henceforth referred to as the project. Final plans and
specifications for this project have been approved by FHWA and the project is
currently out to bid. Staff will be receiving bids on June 12 and anticipate
awarding the contract prior to June 30, 1990.
RECOMMENDATION: The Council approve subject resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
* Attached to the report are copies of the supplemental agreements required for
construction of Telegraph Canyon Road project. Staff has reviewed these
agreements and will comply with the Special Covenants or Remarks. The
construction contract cannot be awarded prior to the execution of these
supplements. Said basic Local Agency-State Agreement for Federal Aid previously
executed by City in 1978 is on file in the office of the City Clerk.
The total estimate cost for construction of the project (construction
engineering and construction costs) is $8,213,000.
The construction of this project will utilize all of the City's allocation of
FAU funds and Defense Access funds. Local monies using DIF funds, developer
obligations, and funds committed by Otay Water District will pay for the
remaining costs associated with construction of the project.
FISCAL IMPACT: Approval of program supplement No. 006 and 003 revision No.
1 allows the reimbursement of federal funds up to a total of $3,165,000
{$2,886,000 for construction only).
* Attachments not ready at time of Agenda distribution
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PROGRAM SUPPLEMENT NO. 6
TO LOCAL AGENCY - STATE AGREEMENT FOR
FEDERAL-AID PROJECT NO. 11-5203 FOR THE
REIMBURSEMENT TO THE CITY FOR COST INCURRED
FOR CONSTRUCTION ENGINEERING AND CONSTRUCTION
COSTS ASSOCIATED WITH TELEGRAPH CANYON ROAD
PROJECT FROM APACHE DRIVE TO OTAY LAKES ROAD
AND OTAY LAKES ROAD FROM APACHE DRIVE TO
RUTGERS AVENUE AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SAID AGREEMENT ON
BEHALF OF THE CITY
The city Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, included in the City's Capital Improvement
program is a project for the improvement of Telegraph Canyon Road
and Otay Lakes Road between Apache Drive and Rutgers Ave; and
WHEREAS, final plans and specifications for this project
have been approved by FHWA and the project is currently out to
bid; and
WHEREAS, staff has been presented with a copy of the
supplemental agreement between the City and CALTRANS required for
construction of Telegraph Canyon Road project which staff has
reviewed and determined the City can comply with the Special
Covenants or Remarks; and
WHEREAS, the construction contract for the project
cannot be awarded prior to the execution of this supplemental
agreement for funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve Program Supplement
No. 6 to Local Agency - State Agreement for Federal-Aid Project
No. 11-5203 for the reimbursement to the City for cost incurred
for construction engineering and construction costs associated
with Telegraph Canyon Road project from Apache Drive to Otay
Lakes Road and Otay Lakes Road from Apache Drive to Rutgers
Avenue, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized and directed to execute said agreement on
behalf of the city of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt,
Public Works
8913a
Director of
Bruce M. Boogaard~_~ty Attorney
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PROGRAM SUPPLEMENT NO. 3
REVISION 1 TO LOCAL AGENCY STATE AGREEMENT
FOR FEDERAL-AID PROJECT NO. 11-5203 FOR THE
REIMBURSEMENT TO THE CITY FOR COST INCURRED
FOR PRELIMINARY ENGINEERING, RIGHT-OF-WAY,
CONSTRUCTION ENGINEERING, AND CONSTRUCTION
COSTS ASSOCIATED WITH THE IMPROVEMENT OF OTAY
LAKES ROAD FROM TELEGRAPH CANYON ROAD TO
APACHE DRIVE AND ON OTAY LAKES ROAD FROM
TELEGRAPH CANYON ROAD TO RUTGERS AVENUE AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, included in the City's Capital Improvement
program is a project for the improvement of Telegraph Canyon Road
and Otay Lakes Road between Apache Drive and Rutgers Ave; and
WHEREAS, final plans and specifications for this project
have been approved by FHWA and the project is currently out to
bid; and
WHEREAS, staff has been presented with a copy of the
supplemental agreement between the City and CALTRANS required for
construction of Telegraph Canyon Road project which staff has
reviewed and determined the City can comply with the Special
Covenants or Remarks; and
WHEREAS, the construction contract for the project
cannot be awarded prior to the execution of this supplemental
agreement for funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve Program Supplement
No. 3 Revision 1 to Local Agency State Agreement for
Federal-Aid Project No. 11-5203 for the reimbursement to the City
for cost incurred for preliminary engineering, right-of-way,
construction engineering and construction costs associated with
the improvement of Otay Lakes Road from Telegraph Canyon Road to
Apache Drive and on Otay Lakes Road from Telegraph Canyon Road to
Rutgers Avenue, a copy of which is on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Director of Public Works
is hereby authorized and directed to execute said agreement on
behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt,
Public Works
8915a
Director of B r u ceCUM. '~i ~~A t~o ~r'n e y
COUNCIL AGENDA STATEMENT
Item
Meeting Date 6/4/91
ITEM TITLE:
SU~ITTED BY:
REVIEWED BY:
Public Hearing: Consideration of an increase in the sewer
service charges and modification of the rate structure
Resolution J(al ~'~ Approving amendment to Master Fee
Schedule on sewer service charges and adopting the Wastewater
Revenue Program
Director of Public Works
City Manage.r~
(4/Sths Vote: Yes
The City of Chula Vista is a participating member in the Metropolitan Sewerage
System (Metro). As a member we participate in its operation, maintenance, and
upgrade program. In order to comply with State requirements of the program,
and for the system to receive a State grant for certain past improvements,
Chula Vista has had a Wastewater Revenue Plan prepared by a consultant. This
plan was used to determine the sewer billing methodology and the sewer service
charges proposed for fiscal year 1991-92.
RECOMNENDATION: That Council adopt the resolution as stated in the title
hereto.
BOARDS/COMMISSIONS RECOMMENDATION: This matter was presented at the
Montgomery Planning Committee on May 15, 1991 for their information (transcript attached).
DISCUSSION:
The subject rate study is primarily required by the State to cover maintenance
and operation costs for Metro I. However, it also includes revenues that
would fund either our share of the Metro Sewer upgrade to secondary treatment,
or would fund Chula Vista's own treatment program should we decide to totally
or partially leave the Regional Sewerage System.
We need to modify our method of charging fees to take into account the
strength of sewage as well as quantity prior to June 30, 1990. This is to
comply with the requirement from the State for the Metro System to keep post
grant funds.
On July 24, 1990, the City Council approved an increase in the sewer service
charge to $10.41 per single family residence per month and to $.84 per 100
cubic feet of water usage for commercial and multi-family connections within
the pre-Montgomery annexation Chula Vista. Rates in the Montgomery area were
raised to $100.20 per year for a single-family house or equivalent dwelling
unit. Anticipated annual increases were stated at 11% per year for the next
eight years.
The Montgomery area is being phased in with the rest of the City and in Fiscal
Year 1992-93 the phasing will be complete, with Montgomery being billed at the
same rate and in the same manner as the remaining City areas.
Page 2, Item I-~~
Meeting Date 6/4/91
The rate increases are necessary to fund Chula Vista's share of upgrading the
Metropolitan Sewerage System to secondary treatment with water reclamation,
but to also cover increased costs for maintenance and operation of the current
primary treatment plan. Total cost of this program is estimated at $2.4
billion in 1990 dollars. It was considered desirable to increase the sewer
service charge at a gradual rate which would generate sufficient income to
cover current and future costs.
The long term proposal for monthly single family sewer service charges last
year was as follows. These are preliminary figures based on June 1990
information from the City of San Diego. Future rates may differ based on
actual costs.
Fiscal
Year Pre-annexation Chula Vista Montqomerv
1990 $ 8.00 + .70 = $ 8.70 $ 5.83
1991 $ 9.71 + .70 = $10.41 $ 8.12 + .23 : $ 8.35
1992 $11.43 + .70 = $12.13 $10.41 + .46 : $10.87
1993 $12.69 + .70 = $13.39 $12.69 + .70 = $13.39
1994 $14.08 + .70 = $14.78 $14.08 + .70 = $14.78
1995 $15.63 + .70 : $16.33 $15.63 + .70 = $16.33
1996 $17.35 + .70 = $18.05 $17.35 + .70 = $18.05
1997 $19.26 + .70 : $19.96 $19.26 + .70 : $19.96
1998 $21.38 + .70 : $22.08 $21.38 + .70 : $22.08
1999 $23.73 + .70 = $24.43 $23.73 + .70 : $24.43
2000 $26.34 + .70 : $27.04 $26.34 + .70 = $27.04
Wastewater Revenue Program
As a stipulation of a State grant received by Metro I for the betterment
program, all agencies discharging wastewater into the Metro system are
required to prepare a Wastewater Revenue Program. This program must be
prepared in accordance with the State Water Resources Control Board "Revenue
Program Guidelines for Wastewater Agencies", dated April 1983. The revenue
plan is a documented determination of a system of user charges which will
provide operation and maintenance revenues for wastewater collection and
treatment. If Metro participating agencies do not adopt Wastewater Revenue
Programs in compliance with State guidelines, the Metro system could lose $11
million in State and Federal grants already received and not be in a position
to receive future grants and loans.
The following steps were involved in preparation of the wastewater revenue
program:
1. Determination of annual revenue requirements.
2. Identification of users.
3. Allocation of costs to flow and wastewater quality parameters.
4. Assignment of all users to wastewater quality categories.
5. Determination of sewer service charges.
Page 3, Item~_~____
Meeting Date 6/¢/91
Previous Chula Vista rate schedules have not included consideration of water
quality parameters. In order to distribute the cost of operation and
additional construction to customers in a fair and equitable manner, it is
proposed to classify the wastewater discharge of all customers by anticipated
suspended solids content.
Sewer service charges in the Montgomery area have historically been based on
the estimated quantity of wastewater discharge for each parcel. This estimate
was generally made at the time that a building permit was issued. This method
is not acceptable to the State for commercial and industrial customers,
because it has no relation to the amount of water actually used. Commercial
and industrial customers generally use little landscaping water and the
wastewater discharge is an average of 90% of the consumed water. If the use
of the building has changed, the actual wastewater discharge has even less of
a relationship to the original estimate.
Proposed Sewer Service Charqes and Rate Structure
The billing agencies will not change during Fiscal Year 1991-92.
1. Pre-annexation Chula Vista
The City will continue to be billed by Otay Water District and Sweetwater
Authority. The residential rate structure will remain the same: single
family homes will be charged a flat rate, multiple-family residences will
be charged by their water usage. Commercial and industrial properties
will also continue to be charged by water usage, but there will be three
rate categories based on the predicted wastewater strength (suspended
solids content).
The rates for Fiscal Year 1991-92 will be as follows:
a. Single Family: $12.21 per month {flat rate)
b. Multiple Family: $1.23 per 100 cubic feet (HCF) of water consumed.
c. Low Income (Single family): $8.56 per month (flat rate).
do
Commercial/Industrial:
Low Strength - $1.12 per HCF water used
Medium Strength - $1.38 per HCF water used
High Strength - $1.86 per HCF water used
Commercial and industrial classifications are shown in the attached
table, "Proposed User Classifications and Assumed Pollutant
Concentrations". The given suspended solids {SS) concentrations are in
accordance with the State guidelines. Commercial and industrial
customers who discharge over 25,000 gpd must have their sewer service
charges individually determined based on flow and suspended solids and
be billed separately. The following businesses will thus be billed
individually by the City of Chula Vista. The suspended solids
concentrations will be reevaluated on at least an annual basis.
Page 4, Item~
Meeting Date 6/4591
Community Hospital of Chula Vista
Prudential Overall Supply
Rohr Industries
Scripps Memorial Hospital
Southwestern College
The multiple family and commercial service charges have increased at a
higher rate than single family residential. This is necessary because
the wastewater discharge from single family residences appears to be
lower than previously estimated - approximately 220 gallons per day. In
order to have the costs fairly distributed on the basis of flow, the
service charges for other categories of users must be increased more
than single family residences.
The low income rate represents a 30% reduction from the base rate but,
since there are less than 300 low income customers, the impact on the
rest of the rate payers is only $.02 per month or less than 1¢ per HCF
for variable users. There is no rate reduction for fixed income people
unless they meet the low income criteria.
Montgomery Area
The Montgomery area will continue to be billed on the tax rolls during
Fiscal Year 1991-92. Residential rates will maintain the existing
structure. Single family residences will be billed on the basis of one
Equivalent Dwelling Unit (EDU), and multiple family residences will be
billed at the rate of .75 EDUs per apartment. Mobilehome parks will be
billed 1EDU per mobilehome.
Commercial and industrial customers need to be billed on the basis of
actual water usage. We will collect water use information from the
water companies for the latest available previous 12-month period. Each
business and industry will be classified as low, medium, or high
strength based on the attached table, "Proposed User Classifications and
Assumed Pollutant Concentrations". The yearly charge will be calculated
by multiplying the 12-month water usage times the applicable rate. This
rate takes into account an average rate of return of water to the sewer
of go percent. Dischargers who can provide evidence that they belong in
other rate categories may submit a written request for a change in rate
to the City no more frequently than yearly.
If the owners or tenants who pay the tax bills remain the same, this
method will be fair, since they will always be paying on the basis of
the previous year's experience. However, where there is a change in
taxpayer, it is possible that the previous year's wastewater flow and
strength may be significantly different from the current use. The
following method for rectifying this problem is proposed. If the
taxpayer has changed between FY 1990-91 and FY 1991-92, the water usage
during these years will be examined. If a bill based on water usage in
FY 1990-91 varies by more than 25 percent from a bill based on FY
1991-92 water usage, either a refund or additional bill may be sent to
the taxpayer.
Iq
Page 5, Item ~__~
Meeting Date 6/4/91
The rates for Fiscal Year 1991-92 ~r~ proposed as follows:
a4
Single Family: $]31.18/year (approximately $10.93/month)
Multiple Family: $gs.3g/year per unit {approximately $8.20/month)
Mobilehome: $131.18/year (approximately $10.93/month)
Low Income: $9].83/year (for single family residences)
(approximately $7.65/month)
Commercial/Industrial:
Low Strength - $1.00 per HCF water used
Medium Strength - $1.25 per HCF water used
High Strength - $1.70 per HCF water used
Future Changes
In Fiscal Year 1992-93, Montgomery will be fully integrated into the City with
respect to sewer service. This will mean that the same billing agency, the
same rate structure, and the same sewer service charges will be used for
Montgomery and pre-annexation Chula Vista. We have begun to evaluate what
will be the most practical and cost effective billing option for the entire
City. The billing option selected may have an effect on the rate structure -
for example, on whether apartments are billed per 100 cubic feet of water used
or per assumed discharge per unit.
Last year, the Council directed staff to investigate the use of variable flat
rates for single family residences which would create an individual annual
flat rate for each customer based on the winter month water usage. This will
be further evaluated for FY 1992-93. This method was not considered for
FY 1991-92 for the following reasons:
The water companies do not have the available staff to implement this
method for FY 1991-92 due to the major changes being done this year to
base rates on suspended solids as well as quantity of flow.
It would be desirable to notify all affected customers prior to the
winter month period to be used for billing purposes so that they can
conserve water (giving themselves a lower sewer service charge the
following year).
San Diego began collecting information for this type of billing method
during FY 1990-91. It would be desirable to be able to evaluate San
Diego's success with this method before it is adopted by Chula Vista.
FISCAL IMPACT: Adoption of these rate structures will allow the City to
cover all anticipated sewer-related expenses in FY 1991-92 and have sufficient
funds in reserve to cover a portion of the increased future Metro costs.
WPC 5633E
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO PROVIDE FOR AN INCREASE IN THE SEWER
SERVICES CHARGES AND MODIFICATION IN THE RATE
STRUCTURE AND ACCEPTING THE WASTEWATER REVENUE
PROGRAM REPORT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, as a member of the San Diego Metropolitan
Sewerage System (Metro), the City of Chula Vista is required to
participate in its expansion and upgrade program; and
WHEREAS, in order to comply with State requirements of
the program, Chula Vista has had a Wastewater Rate Plan and
Revenue Program Report prepared by a consultant which was used to
determine the sewer billing methodology and the sewer service
charges proposed for fiscal year 1991-92; and
WHEREAS, notice was published in accordance with
Government Code Section 60620 and a public hearing held on May
21, 1991 to consider sewer service charge increases and rate
structure changes, all required by Government Code Section 66018;
and
WHEREAS, the Council has considered all written or oral
presentations made at said public hearing regarding the proposed
increased sewer service fees and rate structure changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby amend the Master Fee Schedule
effective July 1, 1991 to provide for an increase in the Sewer
Service Charges and modification in the rate structure, as set
forth in Exhibit "A", attached hereto and incorporated herein by
reference as if set forth in full.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby accept the Wastewater Rate Plan and
Revenue Program Report, attached hereto as Exhibit "B" and
incorporated herein by reference as if set forth in full.
Presented by
Approved as to form by
John P. Lippitt,
Public Works
8863a
Director of
D. Richard Rudolf,.~s~istaht
City Attorney
EXHIBIT
3.20.020
Sewer Service Charges
In addition to other fees, assessments or charges provided by the
City code or otherwise, the owner or occupant of any parcel of
real property which said parcel is connected to the sewer system
of the City and to a water system maintained by the Sweetwater
Authority or the Otay Municipal Water District shall pay a sewer
service charge as follows, applicable to the first whole billing
period subsequent to July 1, ~999 1991:
A. Domestic: The domestic sewer service charge for each single
family dwelling unit serviced by a separate water meter
shall be $~/~ ~12.21 per month;
Domestic: A monthly sewer service charge for other parcels
of real property used for domestic purposes as herein
defined, and serviced by a water meter shall be at the rate
of ~ ~.1.23 per each one hundred cubic feet of water
usage by such parcel, but in no case less than ~Z~
per month, nor more than ~ ~12.21 per
ng unit per month;
Commercial and industrial: A monthly sewer service charge
for premises used for other than domestic purposes shall be
at the following rates ~/$~ per each one hundred cubic
feet (HCF) of water --usage: ~//~f/~//~//~f//~
Low Strength: ~1.12 per HCF water usage
Medium Strength: ~1.38 per HCF water usage
High Strength: ~1.86 per HCF water usage
Low strength is defined as wastewater with suspended solids
content under 200 parts per million (ppm). Medium strength
is defined as wastewater with at least 200 ppm but less than
600 ppm suspended solids. High strength is defined as
wastewater with suspended solids content of 600 ppm or more.
Wastewater strength categories will be determined using
either the attached table, "Proposed User Classifications
and Assumed Pollutant Concentrations" or actual sampling
results, as determined by the Director of Public Works.
Dischargers who believe that their total suspended solids
concentration is sufficiently low to qualify for a different
category of sewer service charge billing may apply to the
city Manager in writing for a variance in accordance with
Municipal Code Section 3.20.030. When there is a change in
the rate payer, the category will be re-evaluated.
Montgomery Area: Notwithstanding the above provisions, an
annual sewer service charge for premises in the former
Montgomery area shall be at the following rates:~f
1. Single Family: 9131.18/year
2. Multiple Family: $98.39/year per unit
3. Mobilehome: $131.18/year
4. Low income: $91.83/year (for single family
5. Commercial/Industrial:
residences)
Low Strength ~1.00 per HCF water used
Medium Strength - $1.25 per HCF water used
High Strength - $1.70 per HCF water used.
These rates will be collected on the annual tax bill by the
San Diego County Tax collector. Commercial/industrial
wastewater strength categories shall be defined and adjusted
as stated under Part C "Commercial and Industrial".
High Volume Dischargers: Premises which discharge over
25,000 gallons per day (gpd) are classified as high volume
dischargers. These dischargers shall be billed bi-monthly
by the City of Chula Vista. Wastewater discharge shall be
assumed to be 90 percent of water consumed, unless
established otherwise by an approved variance. A separate
suspended solids concentration shall be determined for each
discharger based on either the table, "Proposed User
Calsslfications and Assumed Pollutant Concentrations" or on
actual sampling results, as determined by the Director of
Public Works. The bi-monthly rates shall be as follows:
1. Chula Vista excepting Montgomery:
Bimonthly billing charge = (Average wastewater x 9.083997 +)
(flow in gpd)
(Average waste- x Average ppm suspended solids
(water flow -- 1,000,000)
(in gpd)
x 8.34 x 916.18)
2. Montgomery area:
Bimonthly billing charge = (Average wastewater x 9074016 +)
(flow in gpd)
(Average waste- x Average ppm suspended solids
(wa~r flnw -- 1,000,000)
X 8.34 X 915.21)
3.30.022 Reduced Sewer Service Charges for Low Income
Households.
Low Income Households including renters of property who are
eligible to receive a reduced rate for monthly sewer service
charges shall be billed at the rate of $~9 ~8.56 per month per
EDU. Eligible residents of the incorporated Montgomery District
shall ~//~//~//~//~9~//~//~//~//~
~f~6//~/~//~s/e~/~6 be billed at the rate of $91.83 per
year per EDU. The Finance Department of the City shall make
available the required application form and process all
applications. Application will require the submittal of
information on total household income, the number of persons in the
household and the type of dwelling unit. Proof of total annual
income shall be furnished. In determining eligibility, the
following table based on HUD figures (50% of median income) shall
be used:
No. in Household
Total Annual Income (Gross)
1 $11,000
2 12,550
3 14,150
4 15,700
5 16,700
6 17,650
7 18,650
8 19,650
9 20,700
$1,000 annual income allowed for each additional person in
the household after 9 people.
Single family residents, if eligible for the reduced sewer
service charge, shall have the option of receiving the reduced
charge of ~29 $8.56 a month on their monthly or bi-monthly
water bills from Sweetwater Authority and Otay Water District or as
an annual refund. Montgomery area residents will only receive the
reduced charge of $91.83 per year as an annual refund.
Residents of apartments, condominiums or mobilehomes shall
also be entitled to the reduced sewer service charge. All eligible
occupants may receive the reduced sewer charge as an annual refund
only. Evidence that they have paid a sewer service charge of
greater than a minimum of ~9$8-56 a month or $91.83 per year
in the Montgomery area shall be ur~shed. Proof of total annual
income shall be submitted with the application form.
Requests for annual refunds shall be made by eligible
households between August 1 and September 30 of each year for the
past fiscal year beginning in July and ending in June. The
applicant will be notified of eligibility status within thirty (30)
days of application and if eligible, the refund forwarded within
ninety (90) days of application.
7673a
/3
Dr. McFarlin asked how you will do scanning on international traffic.
Mr. Garin replied that scanning is done when the vehicle passes
through the gate point not at the border. There would be lanes for
those with the credit cards and lanes for those who do not. Dr.
McFarlin then asked if that wouldn't lead to some traffic congestion.
Mr. Bowman stated that there would be people stopping to pay a toll.
Mr. Garin stated that they expected most traffic goiAg through the
border would be commuters or trucks which are regular users and this
would be so much more convenient to have a traffic pass. Mr. Platt
asked if they were aware that trucks have their own crossing. Mr.
Platt then asked if the contractors actually used on the road
construction would be local contractors or would CTV bring in their
own. Mr. Bowman replied that they would bring in construction
management. State and federal regulations are such that the can't put
out a bid that says a local contractor gets the work, but they woula
make the bids available locally. Mr. Garin replied that local
contractors would be cheaper than coming from other states. Dr.
McFarlin asked about utilization of ethnic subcontractors and if that
was part of the program. Mr. Garin replied that there would be
utilization of ethnic and minorities subcontractors. Ms. Josie Looez-
Carlson added that under the franchise agreement they were committed to
a 15% goal for minorities and 5% for women throughout the project and
we do have a program and CTV projects have been highly supported by
minority groups throughout the state because we have more flexibility
actually to negotiate directly with minority firms because we don't
have to go through the regular competitive bidding process. So they
have seen it throughout the state as a real benefit and although we
C8n~t exclude firms from outside the area we are going to make every
attempt. We feel we are putting a highway through their community that
we want to do the most we can to give to your community what we pay in
ta}:es, doing business irl the state adds to your economy and we are
going to do just as much as we possible can.
Tony Castro asked about Davis Bacon rule and what he considered
exorbitant wages having to be paid to unskilled labor - such as $30 an
hour for a flagman. Would this group be paying prevailing wages ass
they were not a government project? Mr. Bowman did not know if Davis
Bacon was written into their agreement or not. He agreed to follow up
and let them know.
Chair Wheeland thanked the presenters.
AT THIS TIME A 5 MINUTE RECESS WAS CALLED.
Report on Sewer Rates Increase and Wastewater Program
John Lippitt, Director of Public Works
You will recall that one of the things we were proposing to do last
year was for this year to bring everybody in Chula Vista to the same
rates. Based on your comments and in talking with the City Manager and
in working with the City Council, we changed that so that it was
DRAFT MONTGOMERY PLANNING
COMMITTEE TRANSCRIPT
OF MAY 15, 1991 MEETING.
I~..ll
..!:L
b~inging the Montgome~y a~ea so that it was the same as the ~est of the
city ove~ a th~ee yea~ pe~iod. Because at that time it would have been
a 80% inc~ease so now we have changed it to th~ee 30% inc~eases.
Something else happened since last yea~ that p~ima~ily impacts the non
~esidentlal use~s (the comme~cial use~s and the indust~ial use~s). The
City of San Diego had in the past had gotten g~ants th~ough the state
and the federal government to build some of thei~ sy~tems. In order to
do that they needed to have each agency that was a pa~ticipating member
had to have a ~evenue plan app~oved. One of the c~ite~ia fo~ those
~evenue plans a~e the people who ~eceive the benefit as close as
possible pay based on certain c~ite~ia. It is based on quantity of
sewage that you gene~ate but it is also based on the st~ength of the
sewage you generate. Now we call the st~ength in this case the
suspended solids. Some businesses actually have lower suspended solids
than an ave~age family because they don't have laund~ies, but some of
them a~e ve~y high. What's happened is that we have had to look at
suspended solids and st~engths when we did the commercials. The ~eason
we didn't have to look at it wlth the single family and the multi-
family, but they a~e all the same so we don't have to have a sepa~ate
catego~y. In the futu~e when San Diego goes to seconda~y t~eatment,
that also creates a thi~d catego~y what is called a biological oxygen
demand (BOD). That means that we will have to look at th~ee catego~ies
of sewage. In the future, it will be only impacted by the commerclal
type use~s because the residential will be all the same. What we have
done fo~ next yea~ is that there will still be a distinction in the
rates between the Montgome~y a~ea and the rest of Chula Vista. Since
the Montgome~y ~ates is collected on the tax bill it will go to $131
pe~ year for single family, and multiple family will be $98, mobile
homes $131 and the~e will be a new ~ate fo~ low income. M~.
Berlanga questioned the ~eport on low income. When the city Council
c~eates that low income ~ate it was one rate for the whole city not
sepa~ately. The whole city is picking up the subsidizing to make it
effective. What is going to happen is that basically you won't get a
lowe~ tax bill. If a pe~son qualifies fo~ a low income ~ate, they will
p~obably pay the same amount on the tax bill and will have to come into
the City to get a ~ebate th~ough the Finance Department. M~, Be~langa
asked about what was considered low income and M~. Lippitt stated he
did not know and that they would have to go to the Finance Depa~tment
and there a~ea certain guidelines and we have that on othe~ items such
as t~ash -it is based on you~ income tax. It may be a little highe~
than the $91 a year, but it ce~tainly won't be nea~ as high as the $131
pe~ year. Anothe~ thing that we looked at was that most of the city
sewe~ rates a~e collected on the wate~ bill (Sweetwate~ and Otay) and
they a~e pulling out thei~ hai~ because we a~e coming to all these
diffe~ent comme~cial rates. Not necessa~ily ou~ chosing, but because
we have to comply. In fact, we have been told by Sweetwater that
essentially they don't want to do the sewe~ bill next yea~ because they
catch too much heat eve~y time the~e is an inc~ease. They have enough
p~oblems explaining the wate~ bills and they don't want to explain the
sewer bills. In fact they are ~aising ou~ rates significantly fo~ next
yea~ per bill. One of the things we we~e going to look at was
cha~ging down to even single family users based quantity of flow - the
If../ L
/5
-
percent of water flow. We decided not to do that this year mainly
because the water companies just couldn't handle it. They said they
had all they could do to try to change all their billing system to
handle the commercial rates. San D1ego is collecting data this year to
take the three wettest months of the year which would assume that would
be the lowest amount of irrigation. So that would be the highest
return during those months of your water into the sewer system. They
say that would be closer to your flow to the sewer system. Use those
three months to calculate a fixed rate for your bill for the next year.
We w111 be considering that next year but it won't go into effect until
the year after. What we want to do is, if we decide to do that, is to
tell people that we area considering that so they will have the
opportunity to save water all year. There are other reasons to save
water than just your sewer bills. Sweetwater has put us on a
outpatient system - most of Montgomery is in Sweetwater. There is 300
units south of Main and also north of main. Woodlawn Park and Dayton
Palmer. Mr. Berlanga asked about billing for the amount of water
usage, how about the guys that have a bunch of trees. You shouldn't
have to pay sewage for a bunch of trees. Mr. Lippitt replied there
rate is the same for every single family no matter if you have one
person in the house or ten. Because we don't have sewer meters only
water meters and it isn't that perfect because people have different
size yards and they have different type of landscaping. If you put
your water into landscaping that is not going into the sewer so you
shouldn't have to pay for it. But if you pick the wettest months of
the year (which we haven't had) If there was a big difference I suppose
we could even take one month. It may not be worth the effort, but as
the costs get higher and higher it may become more advisable to do
that. The prosed rates are very close to what we came up with last
year for single and multiple family.
Ms. Palmer asked how much the consultant received for preparing the
report and the reply wa.s they had been working for almOE>t a year on the
reoort and it was approximately $40-$50,000. Ms. Palmer stated the
report was atrocious and Mr. Lippitt explained that she had a summary
not the actual report and showed them the actual report. Ms. Palmer
recalled previous discussions on bringing Montgomery on line with the
rest of Chula Vista that we had discussed a five year amortization and
asked why the now three year amortization. Mr. Lippitt explained that
one reason was that when the Montgomery area first came into the city
some five years ago they had a substantially lower rate and a
substantial reserve and the city agreed to use that reserve to hold the
rates down and they did. There is also a feeling that they want to
bring them in so that all of Chula Vista is the same. So we don't have
that much disparity between the two areas, but because of the high cost
rate we figured (this was a decision made by the City Council and the
City Manager) that three years would be good and acceptable
alternative. If we did it five years, you wouldn't catch up to the
curve and you couldn't raise enough to pay your fair share and the
reserve is all used up. Ms. Palmer asked the asterisks on 70 cents in
one column and 23 cents yet no where in this document could I find the
1"..13
I'
~
asterisk to e:<plain what that meant. I think they copied that chart
from another report and didn't copy it all. What the asterisk is a
line replacement chart. It is a fixed rate charge to everybody to
repair city lines. It doesn't go into the general s=wer fund; it goes
into a special sewer fund to repair old lines as the9 get old and have
to be replaced. Ms. Palmer then aSKed about Section one page 3 the
rates for fiscal 91 and 92 and section Two on page 4 the rates for
fiscal year 91 and 92 for the Montgomery area. Neither of the rates
quoted in those two sections bare any resemblance to the rates quoted
in the chart on the first page. Mr. Lippitt stated the chart on the
first page was what we told you last year was our long term projections
and those were as close as the information we had at the time last
year. I don't know if they explained that well, but it is fairly
close. The Chula Vista area was $12.13. Ms. Palmer stated she had
looked as she didn't like asking dumb questions, but she couldn't find
anywhere that disparity was explained. It says on the first page that
the long term proposal for monthly single family sewer service charges
for last year was as follows. Ms. P~lmer asked about reevaluating Rohr
Industries for suspended solids, will they be also be checking for
toxins? Mr. Lippitt stated there was another program they were going
into although I believe that most of Rohr's toxic problems are in the
port district area. We certainly check for toxins that go into the
sewer system but we will also be involved with checking toxins that go
into the storm drain systems.
Mr. Castro stated that at the last meeting of the Otay Valley Regional
Park Citizens Advisory Board they showed their proposals for the water
trestment plant in the Otay Valley area. Mr. Lippitt stated that
depending upon what our costs will be from San Diego, looking at the
possibility of Chula Vista doing all or some of its own sewer
treatment. If the costs come out to be the same for Chwla Vistans, it
would probably be better to keep it as a Regional Plant as we wouldn't
have to staff up. That will be part of the system that serves Chula
Vista and most of the newly developed areas. It would serve the
eastern portion of the Greens, the Olympic Training Center, Salt Creek,
so would a good part of the Otay Ranch and Salt Creek Ranch.
Mr. Castro asked about the compared price between water hyacinth
treatment and chemical treatment? Mr. Lippitt stated they used
1,000,000 per day in the sewage business. Right now we are paying in
the $500 to $600 per million gallons going through the Point Loma
System, but that is primary treatment. That also involves upgrading
a lot of projects not the secondary, but things they are required to
do. They will have to extend the outfall because of the problems for
the divers. The rates for if we go to full secondary including all the
capital things we are going to have to do. By the year 2000, we could
be up to around $27 per month. Mr. Castro stated that the $5+
approximation for the primary treatment. He recalled that the water
project goes to advanced primary. Mr. Lippitt stated that it actually
goes to what is called tertiary - they actually run it through reverse
It! .. Itf
/1
-,
---
osmosis. That is reclaimed. Mr. Castro stated that if they could
determine that the unit price for tertiary is about the same as the
unit price for primary here at Point Loma, wouldn't it make sense tD
use water hyacinth on same of the newer suspending areas. You wouldn~t
have to worry about pipe lines. Mr. Lippitt replied, Yes, the water
hyacinth plant in Mission Valley is test plant and is not a full
production operation and it does work pretty good for what they are
dDing, but it takes up so much land (a lot mDre land than the standard
secDndary plant) and if you have ponds around - if thDse things ever
migrate tD ponds, your dead. They just grow fast and they would take
over everything. Mr. Castro stated it is true that hyacinth is land
intensive but there is so much land out there. Mr. Lippitt stated that
there is a lot of land out there, but the area where the plant is gDing
is in the park. That are is going to have a tremendDus amDunt of
landscaping, that's automatic. They are also looking for a lot Df
places tD store water. Mr. Herrera-A stated that one of the things
that comes to mind is that under the Clean Water Act Program, now YDU
can't have any water ponding and they have to discharge that water
somewhere if it is gDing tD be used fDr irrigatiDn and they can't
discharge it intD the bay directly so they still have tD gD tD an
outfall sDmewhere. Mr. Lippitt stated they definitely had to go tD an
outfall, but I think Mr. Castro is saying that a hyacinth project may
be a cheaper way to go than a standard chemical process.
The question was asked the substantially lower rates and higher
reserve, what was the Montgomery sewer district doing better than Chula
Vista? Mr. Lippitt responded they did have higher rates in the
begInnIng and there was some disagreement between the pre annexatiDn
city and tne cDunty at the time Dn charging certain things. What they
WDuld dD is about half Df the flDw was gDing tnrDugh YDur meter in
Chula Vista and SD we wDuld pay the standard rate fDr sewage treatment
and then there was a 20% surcharge fDr transpDrtatiDn thrDugh the
district and that was sUPPDsed tD pay YDur CDSt. That ~as 20% and it
was pretty clDse as it was $150 a milliDn gallDns Df treatment sewage.
When it went up tD 4 Dr $500, they still kept the 201. Dn and they were
pretty much living Dff Chula Vista. We were trYIng tD wDrk that DUt
with negDtiatiDns with the county abDut when it annexed.
Chall- Wheel and asked fDr a "guesstament" Dn hDW much of the i ncrea.ses
talked abDut is due tD mismanagement Dn the part Df San DiegD. Mr.
Lippitt said that the City Df San DiegD decided Dn their own withDut
checking with any Df the agencies tD drDp the waiver request. They did
that based on the maYDr's trip tD WashingtDn. Part Df it was they
didn't think we cDuld get a waiver approved which I dDn't knDw if it is
true Dr nDt as other areas have, but part Df the prDblem was that at
public hearings SDme Df the envirDnmental community and divers, peDple
that swim in MissiDn Bay, were encDuraging the city tD gD tD secDndary.
In fact the law Df the land is nDW secDndary. The staff fDr the city
of San DiegD recommended that they cDntinue with the waiver and the
council Dver ruled them. If that is mismanagement, but the feeling was
that if YDU dD get a waiver it is only fDr 5 years and YDU have tD gD
through the whDle prDcess and re apply and it is very e:.:pensive t.o gD
I~../~
Ii'
-
through that whole process. The area is growing and any new flows
wouldn't qualify for the waiver anyway and they would they still have
to go to secondary and most every body in the region has supported
water reclamation especially in the new areas. With water reclamation
it makes sense to build several small plants around the region than it
does to build huge ones on the ocean. You want to have plants where
you use the water otherwise you have to run it all the way down to the
plant and then pump it all the way back to the area that will use the
water. Because of the water reclamation and everything else, they feel
it is the best system for the region. They went to court on the issue.
The EPA and the Regional Water Quality Control Board sued the city of
San Diego because they didn't go to secondary and they met and
negotiated went through a whole bunch of processes and they agreed on
this huge program to follow and the judge after hearing some of the
concerns from the Scripps scientists, said let's reopen the issue.
They did and they started considering the case in February of this
year. The judge placed a fine against the city of San Diego and still
wants them to go forward. It was half a million dollars on a huge
multi-million dollar operation for a fine that goes into the treasury,
but the rest (the $2,500,000) was going to be something they were going
to spend anyway on water conservation programs. So, in effect, it was
only a half million dollar fine. The judge also directed that the
outfall begin and has to be in place by 1994 which is everybody agrees
needs to be done. I think there still is the possibility could stay
the primary or advanced primary because that is the last facility that
is going to be converted and that won't be until 2003 so there is still
time to consider that but there isn't a lot of support through the rest
of the country to change the laws because most everybody else has gone
to secondary. Even tho we don't need, they are saying why should San
Diego get away with it. The other side of that is they also got grants
(at least 501.) to convert their systems throughout the oation where we
won't necessarily get grants. Chair Wheeland then asked the question
if any part of the increase was going towards the problem of the
Tijuana sewage that we're apparently now going to be treating. Mr.
Lippitt stated that to his knowledge it was not. In fact, they got a
grant from the federal government to pay for the incremental costs to
treat that sewage from Tijuana. They are not paying the full costs to
treat it which is all the overhead. Chair Wheeland asked if Mexico was
paying anything to which Mr. Lippitt replied that they were not. They
were building the pumps to pump it over to us. Chair Wheeland asked if
there had been any thought within the city of breaking away from San
Diego especially with all the expansion going on. Is that feasible?
Mr. Lippitt stated that there had been a study and they had looked at
it. I t was what we call ed the Dudak Report wh i ch looked at water
reclamation and feasibility. It really gets down to dollars and cents
regarding which is the cheapest way for us to go. I am also on a
committee with ~ll the other participating agencies where we are
hassling over the ways they are going to spread the costs. When they
first gave us the numbers, they told us that to convert everything over
to what the courts wanted (secondary) it will include the reclamation.
For existing customers it will cost about 8-10 dollars a gallon. So if
{q-/I"
JL-
we had 13 million gallons a day, ou~ sha~e would be that times eight.
And fo~ new people hooking on in the futu~e, it would cost $5 a gallon.
We said how can you cha~ge the newe~ people a lot less than you a~e
cha~ging the existing who al~eady have the system. In fact they paid
fo~ the existing system. So they a~e ~ethinking that and have almost
~eve~sed it with existing people will p~obably be paying a~ound $5 a
gallon and the new people will be paying a~ound $10 ~nd that is to pay
back fo~ a lot of the existing plant that is al~eady the~e. If we get
those ~ates. Chula Vista has 19 million pe~ day capacity ~ight now and
we a~e only using about 13. So, if we get those ~ates, it'llp~obably
make mo~e sense to stay on a ~egional system. If we don't, then it
will p~obably be a close call. but it might be advisable fo~ us to go
on ou~ own. O~ a thi~d Dption would be to stay with the city of San
Diego fo~ the 19 million gallons and futu~e g~owth which would go
th~ough the Otay Plant, we would do on ou~ own. We a~e looking at
those th~ee different alternatives, but it ~eally gets down to what
they a~e going to charge us. Mr. Be~langa asked about the $920,000,000
in the Tijuana Rive~ Plat. Mr. Lippitt responded that the~e we~e to be
two plants the~e; the twin plants. M~. Be~langa asked if the~e would
be one in Mexico and one in the U.S.,and M~. Lippitt ~esponded that he
thought both plants would be in the U.S. M~. Be~langa then asked just
what was Mexico building now as he thought they we~e building an
auxilia~y plant. M~. Lippitt ~esponded that they we~e building a pump
statIon ~ight now. M~. Be~langa asked if that was to pump it to the
ocean or to us.
The Chai~ asked fo~ questions o~ discussion and M~. He~~e~a-A asked fo~
a ~ecommendation wanted by the Di~ecto~. M~. Lippitt stated that the
main pu~pose was to give this group information and see if they wanted
him to say anything to the council as it was going to the council next
week or did they want to go and explain thei~ position personnally. He
wasn't actually asking for a recommendation. Mr. Castro commented that
it would be beatIng a dead horse to make a recommendation and it had
al~eady been done befo~e. No recommendation was forthcoming.
REPORT
Mr. Her~e~a-A introduced oubi~ Guadah, A ociate Engineer f~om the
City's Traffic Engineer De rtment will ive an update on circulation
and also on a pa~ticular int ~section e Chai~ was conce~ned about at
Otay Valley Road and 1805. e Chai~ stated that was only one of the
p~oblems they wished to bring ai~ Wheeland stated she wanted to
go on ~ecord as saying they felt c ated as Hal had come to Growth
Management ove~sight and he got a ovation as the p~esentation was so
stellar and he has not retu~ned ft ~ repeated invitations fo~ the last
six months o~ so. Mr. He~~e~a- ass ed the group the Mr. Guadah would
also do a stella~ presentation The g oup agreed that they would give
M~. Guadah a standing ovation and he sh Id return and tell Hal he
should have come.
1"1../1
~r
, \ \ '\ \
. ~ ~-\j:,,,\.,..,, , " l.r' ,\ \ :-',
'~-j., --"''-..Yv1Jt,
~910
June 4, 1991
To The Honorable Protem Mayor Leonard Moore
and City Council of the City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Subject:
114 Third Avenue - Chula Vista
Gentlemen:
On May 7, 1991, I appeared before this Council regarding the above stated
property. I stated at that time the hardship the change of zoning was
creating for me, not only to supply the $ 2,500 fee for an Amendment to the
General Plan ( adopted in 1989) but just as important, the loss of equity I
am suffering due to this zoning change. At this meeting, Council directed
Planning Staff to respond within two weeks as to a resolution to my problem
or as I understood it, a reason why.
I have been in contact with the City Clerk's Office on a regular basis. I
have been told my item was not on agenda and last week was told I was to be
heard on June 4, 1991. Upon checking on :M:ondaYl I learned the City Kanager
had directed the Clerk to remove my name from the agenda. Upon checking
wi th Mary Anne, I was informed a memo was sent from Bob Leiter, Director of
Planning stating their planned approach to the entire B-3 Problem Area, in
which my property is located. Also, stated in the letter was the intention
to notify Ms. Eaton of Eaton Development, Inc. Upon contacting Mr. Leiter
about this, he noted the direction his department was taking, which relates
to the entire problem area. He also noted they meant to contact Ms. Eaton
and had not gotten around to doing so.
The disturbing fact about my conversation with Mr. Leiter is not only did
the memo not get sent to either Ms. Eaton or myself, but the more
disturbing information that this is to be put off into the next fiscal
year, which means after July, 1991, and will take at least six months plus
to get it from Council to Commission, etc.
I am upset that this Council did not respond to my request within the time
frame of two weeks as set up in the meeting of May 7, 1991.
I am upset that Counci 1 did not respond to my reque:3t for an Amendment of
the General Plan adopted in 1989 on my property.
I am upset that Council has not corrected, or put into action the necessary
plans to correct the contradiction of zoning requirements and the General
Plan.
These problems exi:::;t and hi'-ve been created. because of a lCtck of response:
1) Tremendous loss of equity in my home
2) Financial difficulties - need to sell my home as other responsibilities
and obligations have been incurred (My home has been for sale
1 year)
3) I am unable to sell my house at market value
4) Disruption in my life and delay in pursuit of personal plans
At the meeting on May 7, 1991, I stated I needed your help. I still need
and am relying on your help, your assistance in correcting this matter.
~. erely,. / /-
...~.- /-.....J,~~-
C nthia Williams
U._""O
COUNCIL AGENDA STATEMENT
Item'S_
Meeting Date 6/4/91
ITEM TITLE: Report Installation of protective covering at Orange-
Rienstra Park
Resolution ~.~ Authorize the transfer of $6,602.50
from Residential Contraction Tax Fund and appropriate to
General Fund Account 100-1531-5362
/1
SU~ITTED BY: Director of Parks and Recreation~/
REVIEWED BY: City Manager d~ ~ ~ (4/5ths Vote: Yes x NO__i)
At the May 21, 1991 Council meeting, staff was directed to investigate a
complaint by Little League coach, Tom Martin, regarding the need for
protective covering at Orange-Rienstra Park and report back to Council with
recommendations.
RECOMMENOATION: That Council accept Alternative #1
to replace the netting material with chain link and
share in 50 percent of the project's cost.
thereby directing staff
requiring the league to
BOARDS/CO~4MISSIONS RECOMMENDATION: Hone.
DISCUSSION:
The Department received a letter from Mr. Tom Martin, coach of a South Bay
Little League team using Orange-Rienstra Park (Attachment A). The letter
states two concerns: 1) the hazardous parking situation; and 2) the
deteriorated overhead netting material used to protect spectators in the
bleachers and snack stand areas. Mr. Martin and League representatives
contend that the deteriorated condition of the covering is a potential safety
hazard due to "pop-ups" or foul balls going through the net and hitting
patrons.
The Department attempted to deal with stray foul balls on this field back in
1985 when the fences for the Little League playing fields were upgraded. At
that time, staff met with the South Bay League officers and it was agreed that
the back stop fencing and the side line fencing be raised an additional 6 to 8
feet. The purpose of raising the fencing was to provide a greater safety
margin to spectators and snack bar patrons from foul balls.
The first year following the installation of new fencing, the new league
officers requested permission from the Department to install some type of
netting over the bleachers and snack stand area. The Department had no
objections with the League~s request. However, a condition was placed on the
League requiring the netting be removed and stored at the end of the season.
On the subject of the most recent concerns, staff has responded to the first
concern by painting the curbs red in selected areas of the parking lot. This
action will hopefully eliminate haphazard parking and prevent a bottleneck
Page 2, ltem~.e~
Meeting Date 6/4/9]
condition at the entry of the lot. On the second concern, the netting is
indeed deteriorated at this site and foul balls may go over the extended
fencing. Because of the cost associated with replacing the protective
covering, staff sought bids on fencing and netting material as well as
analyzing various financing alternatives.
This potential hazard is not unique to this playing field site but is
characteristic of all locations now being used by youth baseball and softball
leagues. For example, this scenario is also the case at Greg Rogers Park and
Eucalyptus Park. Protective cages may be a long term necessity at all sites
with leagues. The Department will be evaluating these fields to determine the
issue of liability and the possibility of installing cages as part of the CIP
process.
In determining the best suitable material for the Orange-Reinstra Park
ballfield, the Department considered several materials including netting
fabric and other fencing type materials. These were found to be
unsatisfactory due to their lack of durability and longevity.
Consequently, a chain link material appears to be the most durable and
recommended for installation. The method in which financing is suggested
includes having the league and City enter into a joint partnership and share
equally in the costs. This encourages leagues to have ownership of their
respective play sites during the season and throughout the year and to work
with the City in addressing potential problems and also providing solutions
that include funding.
This approach has in fact worked successfully in the past. For example, the
Department has worked cooperatively with the Chula Vista Girls Softball
Association in their request for modification to their playing fields. The
City went into partnership with this league with the City providing funding
for backstops and the league providing the labor and additional materials for
outfield fencing, realignment of playing areas and modification to the
irrigation system.
Other cities such as San Diego provide City matching funds within the budget
to accommodate community organizations who wish to work in partnership with
the City to upgrade, improve and purchase equipment for the betterment of the
community. This has proved to be a successful program in that the leagues
have developed a sense of responsibility and ownership in the facilities they
utilize.
Southbay Little League has been contacted regarding matching funds for this
project and are receptive to a partnership concept. However, the league may
not be willing to finance 50 percent of the cost of the project.
Staff Alternatives
Staff has investigated several alternatives to resolve this apparent problem.
Listed below are the suggested alternatives and the fiscal impact for
implementation.
Page 3,
Meeting Oate 6/4/g!
Alternative 1:
Replace the netting material with chain link fencing or other similar
material which provides a stronger and longer lasting barrier. The City
and the Little League would enter into a matching fund partnership,
whereby the League would pay $6,602.50 and the City would pay $6,602.50.
Cover patio area by concession stand:
Material $3,765
Labor 4,000
$7,765
Cover dugout area:
Material $ 910
Labor 1,350
$2,260
Cover bleacher area:
Material $1,155
Labor 2,025
$3,180
Fiscal Impact:
$6,602.50
Alternative 2:
Replace the current uncovered backstops with protective cage backstops
providing better protection against foul balls. The City and the Little
League would enter into a matching fund partnership whereby the League
would pay $6,570 and the City would pay $6,570 to fund the project fiscal
impact.
Material $3,870
Labor 2,700
$6,570 x 3 = $13,140
Fiscal Impact:
$6,570.00
Alternative 3:
Request that the Little League provide alternatives for this project and
bring these potential options to Youth Sports Council for input. Funding
sources would be included in their recommendations.
Fiscal Impact: Unknown
Meeting Date 6/4/91
Alternative 4:
Finance the installation of
Funds.
Fiscal Impact: $13,205.00
Alternative 5:
Require that the Little
League~s expense.
Fiscal Impact: None.
protective chain link screening with RCT
League install the protective screening at the
FISCAL IMPACT:
Alternative 1:
Alternative 2:
Alternative 3:
Alternative 4:
Alternative 5:
$6,602.50
$6,570.00
Unknown
$13,205.00
None
WPC 1666R
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TRANSFER FROM
RESIDENTIAL CONSTRUCTION TAX FUND AND
APPROPRIATING ~6,602.50 TO THE GENERAL FUND
FOR INSTALLATION OF PROTECTIVE COVERING AT
ORANGE-RIENSTRA PARK
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, at the May 21, 1991 Council meeting, staff was
directed to investigate a complaint by Little League coach, Tom
Martin, regarding the need for protective covering at
Orange-Rienstra Park and report back to Council with
recommendations; and
WHEREAS, staff recommends replacing the netting material
with chain link fencing or othe similar material which provides a
stronger and longer lasting barrier; and
WHEREAS, the City and the Little League would enter into
a matching fund partnership, whereby the League and the City
would each pay ~6,602.50.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize the transfer of
~6,602.50 from Residential Construction Tax Fund and appropriate
to General Fund Account 100-1531-5362 for installation of
protective covering at Orange-Rienstra Park.
Presented by
Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
8919a
Bruce M. Boogaar~lty Attorney
.
A'ITACHMENT A
To:
Hr. Leonard Hoare 'I/~
Hayor ~
Tom Har~~ '
:Littl~ea~Coach. Orange-Rienstra
~ v~ -h> M"ftr-
WuAc. W II- ~,
nvh"'M i.. (11<(,
From:
Park
Subject: Necessity of a Protective Covering at Orange-Rienstra Park
Item: 1. Attached is a letter to the Director of Parks and Recreation,
dated Anril 29. 1991, '.. .
2. As of this date there has been no response, however
(a) He, apparently, turned these concerns over to a
staff member who is to be credited for getting
the parking restriction implemented
Note: Two days after'this implementation an accident
occurred on the ball field which required the
services of an emergency vehicle. If this accident
had occurred a week earlier I am afraid we would
have had a most awkward situation in that the
vehicle could not have gotten into the area.
While we appreciate the way this was expedited
we strongly feel the second subject is actually
more hazardous than the first.
"
(b) Staff has displayed an unusal lack of empathy
and. understanding and an almost cavaliar attitude
regarding our second concern. This was first brought
to the attention of staff last February~ again
by telephone 8n~ personally last week, all in the
'attempt to get something done.
'During our oral presentation to the city council on May
21, 1991~ I shalr introduc~ to you the area of concern
by clarifying the enclosed sketch and' familiar zing you
with the attached photographs of this dangerous situation.
Your favorable C:onsideration of this matter and expedious
response is appreciated. Please allow me to thankryou
in advance for the little Chula Vistans who are at risk
while watching their brothers and sisters play ball.
Summary:
"
~- .
Wnc:
-Director Parks and Recreatior.. Apt'i.l.~9, .1991
-Three Photographs indicating the ~~~a of 'concern
-Drawing/Sketch of area
~:
Director, Parks and Recreation
,., ~ :' '" /J oJ . ../
d t.-.e...;.. eJ...p~9- A. s..c..r 1- ~~N-<J
.J.4 ~ ~ ; /11111"-/)..0.",
1-5- 7
E . ~ ..t\1;
, ~
.f!. "
:;1
I f I~I
It. , ~ .
Lf.
. j
--<I /1
./
-, ,"-;;;;"'-t~ -L'F:~~~:<~n. ~~~.::1=' ,-
.1--, ,lilt:,/:. 6,..--- _ _ _,.....-
-_ J .~~. ''''l:J2a'' - . r ~ ,..- -,
\ \ '-- '~I~ --. "'.\1..' ,.........Q\ 1~'1\1 -
'\ \ ~ . ~ -L.-- . ...~ ".(.... /l1/1;;;;;;/I..L....::.L -L.... .J--- ~ -..'..- -=
'\ ~ . . _~ __" CNo._"" .t..1i _~___ ..--- ---
~ ,... r90-. - _.. ~.. . ....--- --"""""":i ____-
_' .' . ._ __..---: . _-----'I _-
. .../'/ ~- ..c-' . - ~ _ - .:-:-=
. . '," _.------- -~ ~, _. ---- ~..
.... .~~....--:::: .
. \ : . '." ~. '., ,".. . .o..~. . . ..,
..... ./ ::'.; ;.' :'0 .,' " . ',' ,.'
~ ....:;..;-
~ ---
'..
--". _.. ---~-c/, .
~;{-- '-. L1 ': 404S'4Q" ~~i'"
".f/. -- _ .fJfk'l)lo
IJ.~ ~
~~~58'45 ~ -
~
..
_PRDTE~~~?:CiJV"RING \
t'Y\A~"Eb ;,..l REl> ~
Bot.lL FlrLD . 3
D
~.
I
.4
~.~,
.. W..:.M
\
I'
AAll 1='1 E'LD it z.
c:I
\
\
~
n
'--
S~1< - fzu/,{J. ((>1'1 i!-<-<-d-
April 29, 1991
To: Jess Valenzuela, Director
,Parks and Recreation
'Chula Vista, Ca. 91910
From: Tom Martin, Assistant Coach Cardinals
Minor League, Orange-Rienstra Park
Chula Vista" Ca. 91911
Purpose:
To restate and elaborate concerns per our conversation last
week regarding Orange/Rienstra Park
Subject: I Hazardous Parking situation
II Dangerous Bleacher and spectator area
Item
I
This particular park'does not have adequate parking spaces.
the parking ~reas that are available are joined by a narrow
bottle neck strip that allows parking in a hap hazzard manner.
This bottle neck is most dangerous every Saturday with folks
parking on, parallel and adjacent too the immediate walkway
leading to the snack bar area.
This ~arking situation makes it very hazardous to the little
people who come with their families. These little people
are at risk'due to the closeness'of parked cars and drivers
trying to weave their way through this maze.
The cprrent situation, especially each Saturday, will restrict
an ,emergency vehicle from entering the Pony 'League field area~
a-
b-
c-
..
During th~ next years budgetary p~Qcess or at any time you may
feel pert~~ent, I would welcome'the opportunity of assisting
" ,;he process of having a parking area, created' in the SDG&E green-
way that is next to the park on the eastern side of ~ax Avenue.
Note:
d-
Staff ,d~d agree with me, though expressed concerns about en-
fo:rcement.,~ It was my impression that a no parking area was
to be ~stablished by t~e painting ~nd marking of "no parking".
The spectator area bet~een the Major and Minor League fields
is dangerous to persons as they go to the snack bar'and watch
ball games. It is note worthy that both home plates are clo-
ser than anywhere else in the city park system thus bringing
two seperate spectator groups sitting in the same bl~acher
complex, only facing opposite directions.
II
a-
The exsisting protective overhang material (a net fabric
material donated a few years ago by the United States Navy)
has,simply worn out.
Foul balls, oxer throws and other errant ba~ls from either
the Major or Minor League teams do fall directly into and
onto the spectator and walkway area.
b-
1...5-'
(I) It is only natural that this pa~ticular age group of the players
(9 to 13) have brothers and sisters. These little Chula Vis tans
are at particular risk. as they watch their family member parti-
cipate. from being struck by a ballc~rom the other game.
c- The argument presented by staff that this protective covering is
the leagues problem, falls apart upon impartial observation.
(l)
The league officers serve on a ;earll
participants ~~d are not the property
-
basis" at the pleasure of
owners.
(2) The property o~ners must bear the ultimate responsibility of
safety of persons using the par'k services. ' Whether it is an
organized Little League event of simply guys hit~ing ball,
should not defer respo~sibility.
(3) This is a City park, the City of Chula Vista is the property
owner .
...
(4) Staff does not agree with this position and feel it is not the
cities re~po~,sibi:!,ity."
Summary: This situation needs to be ~ddressed most etpediousally.
At this writing, persons are,.t risk. The parking situation
is diffic,ult yet safety should not be compromised'~ Any area
that ~he public enjoys, throughout city, sh9Uld have emergency
vehicle access. The simple ab'sol vement of responsibility by
st'aff', regax:din'g the immediate' need of the protective overhang
mate~~al is unnacceptable. Citizens must be protected from
being~blind sided from a way-ward ball~ The risk is present
now. iachnight and further compounded on any given Sat~rday.
, It is'~incerely hoped that these dangerous situations shall
~ #~lr!" """,""" a...a....a..fuU' ,:a,'''''' ,
ThO~'~~' A. ~"
'.
cc.
."'.'
President, Major League, Orange-Rienstra Park
President, Minor League. Orange-Rienstra Park
President, South Bay Little League. Orange-Rienstra Park
"".
.'
....
J,S...l/J
April 29, 1991
To: Jess Valenzuela, Director
,Parks and Recreation
"Chula Vista, Ca. 91910
From:
Tom Martin, Assistant Coach Cardinals
Minor League, Orange-Rienstra Park .
Chula Vista., Ca. 91911
Purpose:
To restate and elaborate concerns per our conversation last
week regarding Orange/Rienstra Park
Subject: I Hazardous Park~ng situation
II Dangerous Bleacher and spectator area
"
b-
This particular park does not have adequate parking spaces.
the parking areas that are available are joined by a narrow
bottle neck strip that allows parking in a hap hazzardmanner.
This bottle neck is most dangerous every Saturday with folks
parking on, parallel and adjacent too the immediate walkway
leading to the snack bar area.
"
This ~arking situation makes it very hazardous to the little
people who come with their families. These little people -
are at risk due to the closeness of parked cars and drivers
tryin;g to weave their way through this maze.
The ~~rrent situation, especially each Saturday, will restrict
anem'1;rgency vehicle from entering the Pony'League field area-.
....
Item I
~~
a-
c-
Note: During th~ next years budgetary p~iocess or at any time you may
feel perta'~~nt, I would welcome"the opportunity of assisting
',.,:'. :the pt'ocess of having a parking area created' in the SDG&E green-
way that is next to the park on the eastern sile of ,Max Avenue.
d- Staff did agree with.me, though expressed concerns about en-
fo,rcement.~ It was my 'impression that a no parking area was
to be 'established by the painting and marking of "no parking".
II The spectator area bet~een the Major and Minor League fields
is dangerous to persons as they go to the snack bar and watch
ball games. It is note worthy that both home plates are clo-
ser than anywhere else in the city park system thus bringing
two seperate spectator groups sitting in the same bleacher
complex, only facing oppd~ite directions. -
..,
"
~_~ ~ the exsisting protective overhang material (a net fabric
~~material donated a few years ago by the United States Navy)
has simply worn out.
~____ b- Foul balls, over throws and other errant ba~ls from either
the Major or Minor League teams do fall directly into and
onto the spectator and walkway area.
1~..11
(1) It is only natural that this particular age group of the players
(9 to 13) have brothers and sisters. These little Chula Vistans
are at particular risk, as they watch their family member parti-
cipate, from being struck by a ball '(rom the other game.
c- The argument presented by staff that this protective covering is
the leagues problem, falls apart upon impartial observation.
(1) The league officers serve on a yearl~ b~sisG at the ~leasure of
participants and are not the property owners.
(2) The ~roperty owners must bear the ultimate responsibility of
safety of persons using the park services. ,Whether it is an
organized Little League event of simply guys hitting ball,
should not defer respo~sibility.
(3) This is a City park, the City of Chula Vista is the property
owners.
.'
(4)
Staff does not agree with this position and feel it is not the
cities re~ponsibility.'
. ' . .
Summary: This situation needs to be addressed most expediousally.
At this writing, persons are .at risk. The parking situation
is diffi~ult yet safety should not be compromised~ Any area
that ,the 'public enjoys, throughout city, should have emergency
vehicle access. The simple absolvement of responsibility by
st'aff,. regarding the immediate need of the protective overhang
mater~al is unnacceptable. Citizens ~ust be protected ,from
beini~blind sided from a way-ward ball. The risk is present
I now, each night and further compounded on any given Saturday.
It is .incerely hoped that these dangerous situations shall
_ ~ be/addJr:~~ed immediately and s~Fcessfully c~mpleted.
~~/~ 00Y~~ " '-
ThomaUg~in i
cc.
President, Major League, Orange-Rienstra Park
President, Minor League, Orange-Rienstra Park
President, South Bay Little League, Orange-Rienstra Park
15,1.2-
COUNCIL AGENDA STATEMENT
Meeting Date 6/4/91
ITEM TITLE:
SUBMITFED BY:
REVIEWED BY:
Report: Archery Range - Eucalyptus Park
Director of Parks and Recreations/
City Manage~2~Y~ (4/5ihs Vote: Yes__
Nox )
The Archery Range at Eucalyptus Park was closed on June 26, 1990 for safety
reasons, following a citizen complaint regarding stray arrows almost striking
Fifth Avenue residents. Staff has met with local Archery enthusiasts in an
attempt to locate a suitable alternate site for the Archery Range, and has
also investigated what improvements would be necessary to make the Eucalyptus
Park site suitable for use.
RECOMMENDATION: That Council: 1) support staff's decision to permanently
close the Eucalyptus Park Archery Range; and 2) direct staff to actively seek
an alternative site for a new archery range.
BOARDS/COI~MISSIONS RECOMMENDATION: The Parks and Recreation Commission, at
their meeting on May 16, 1991, voted unanimously (5-0) to support staff's
recommendation to permanently close the Eucalyptus Park archery range.
DISCUSSION:
The Archery Range located in the northwest section of Eucalyptus Park was
closed in June 26, 1990, following a citizen complaint regarding stray arrows
from the range causing potential safety risk to the homeowners (see Attachment
"A"). The resident, who lives in a house directly west of the range reported
two separate incidents where errant arrows from the range struck her house,
one narrowly missing her husband who was working outdoors. Similar complaints
were received from a resident living on Fifth Avenue. This individual
complained about stray arrows landing on his roof and around his property.
The Department removed the large hay bales and closed the Range for the safety
of the public and the potential liability associated with this archery site.
The Cityts Risk Manager also supported the closure of the range.
Last year, the Parks and Recreation Commission requested that staff look into
the possibility of identifying other potential relocation sites in the City.
The Commission also requested that staff analyze the potential costs of
upgrading the existing range to prevent any liability problems.
During the past months staff has worked with several concerned local archers
in an attempt to locate a suitable location for the range. Although six
alternative sites were identified, none were considered acceptable for a new
site.
Improvements to the Eucalyptus Park Site were also considered. This included
fencing the entire archery site and extending the backstop approximately eight
feet vertically. Despite ensuring better protection for homes directly west
Page 2, Item__~e~
Meeting Date 6/4/9]
of the range, the installation of fencing would not totally eliminate the
possibility of stray arrows. For example, the range is very close to a major
street and homes. The liability issue is further increased by the fact that
Eucalyptus park is a heavily used park. Furthermore, there are future plans
to relocate the American Legion building to this area, making it impractical
as a permanent site.
Staff also investigated the possibility of completely enclosing a range at
Eucalyptus Park. After staff investigation, it was determined that no
material (netting or fencing) is currently available that will guarantee
containment of an arrow other than a solid barrier. The construction and
maintenance of a netting system that would not guarantee the elimination of a
hazardous condition does not seem to be a suitable alternative.
At the April 18, 1991 meeting of the Parks and Recreation Commission, the
Commission requested that staff again meet with local archery enthusiasts to
further investigate the possibility of locating another site for an archery
range. The Commission also established a subcommittee to work with all
concerned parties to address this issue. Staff contacted Mr. David Chessmore,
an archer who spoke to the Commission on several occasions.
In an effort to coordinate a meeting between Mr. Chessmore and the Commission
Subcommittee, staff was informed by Mr. Chessmore, that he was not interested
in pursuing this archery range problem. Mr. Chessmore informed staff that
other personal commitments would not permit him to continue working on this
project.
At the May 16 meeting, the Parks and Recreation Commission voted 5-0 to
support staff's recommendation to permanently close the Eucalyptus Park
archery range. Staff will continue to pursue alternate sites.
Staff presently serves on the San Diego Sports Training Foundation's public
access to the Olympic Training Center Committee. One of the charges of this
Committee will be to site a temporary archery range before the Olympic Center
is constructed. The San Diego Sports Training Foundation may have secured an
underwriter to buy moveable archery targets and equipment. Although this
archery opportunity is still in its preliminary stages of development, it does
offer some promise to sustain the sport of archery in Chula Vista.
The Otay Regional Park may also include an archery range within its boundaries.
FISCAL IMPACT: None.
WPC 1664R
June 29, 1990
Attachment A
SUBJECT:
The Honorable Mayor and city Council
n .
John D. GOssrz-y Manager J t-;~-
Jess Valenzue~Acting Director of P sand Recreati n
Closure of Archery Range at Eucalyptus Par
TO:
VIA:
FROM:
on Tuesday, June 26, a decision was made to temporarily close the
archery range at Eucalyptus Park. This decision was based upon a
citizen complaint about stray arrows almost striking residents on
Fifth Avenue. Ms. Norma Clemens, who resides directly across the
street from the park, cited two incidents: one two months ago
where stray arrows almost hit her husband, and again on Monday,
June 25, when an arrow nearly hit her. In both cases, the arrows
were launched approximately 100 yds. from the archery range and
lodged into the door and stucco wall of her house.
-.,,:.0
i
The Department conducted a cursory investigation of this incident.
On Monday, June 25, staff inspected Ms. Clemens' house and
discovered two small holes in the door and wall of her home. The
holes are approximately the same circumference as the arrows used
by the archers in the Park. Concerning the most recent incident,
Ms. Clemens stated that she gave the arrow to a Police Officer who
had responded to her complaint. Staff is in the process of
confirming Ms. Clemens' statement with the police Department.
The City'S Risk Manager believes this archery range poses a
liability to the City. She supports the Department's decision to
temporarily cease archery activities at the Park. Parks crews have
removed the hay bales and targets until a more indepth
investigation can take place.
The Department is preparing a report for the Parks and Recreation
Commission meeting of July 19. Staff will also meet with people
who reside directly across the street from the Park to assess their
concerns as well as with the archers who utilize this facility.
It will take approximately four weeks for this report with
recommendations to reach council. In the interim, unless council
directs otherwise, the Department will temporarily restrict the
archery activity at Eucalyptus Park.
JV:CCS
.
(
1~..3
Minutes of a
Regular Meeting of the
PARKS AND RECREATION COMMISSION
Thursday 6:00 p.m.
May 16, 1991
Public Services Building
Conference Room 1
*******************
CALL MEETING TO ORDER
ROLL CALL
MEMBERS ABSENT:
Vice-Chair Hall, Commissioners Lind, willett,
Carpenter and Helton.
Chair Sandoval-Fernandez (excused) and
Commissiner Roland
MEMBERS PRESENT:
1. APPROVAL OF THE MINUTES
commissioner willett made comments concerning the Archery
Range (i tem 4b). He said that the Department staff
should not have to spend more man-hours on this and the
commission should have become more informed of the issue
before voting at the last meeting.
Motion made to approve the minutes with the comments so
noted.
MSC willett/Carpenter 5-0
2. PUBLIC HEARING OR REMARKS
none
3. UNFINISHED BUSINESS
a. Archerv Ranqe
Mr. Max Robinson, a resident of Chula Vista, spoke to the
Commission. He and his sons have used the archery range
at Eucalyptus Park. He feels there is a need for an
archery range in the South Bay.
Recreation Superintendent Shy reported that when staff
contacted Mr. Chessmore to meet with him as was directed
at the last meeting, he was unable to meet with staff
because he felt is was too much of a political issue and
and it has taken too long to resolve this issue. He was
not able to recommend other people to meet with.
1('-~
In the long term future there is a possibility of archery
ranges in otay Regional Park, in the more near future
there is the possibility of public access at the Olympic
Training site in about 2 years. with the San Diego
Sports Training facility an archery range could be put in
a city of Chula vista park adjacent to an open space
area. Supervision would be necessary and there would
need to be a structured format. The targets would not be
left up when not in use.
commissioner Willett was concerned about an open space
area having to go through an Environmental Impact Report
before an archery range could be located in the area.
Superintendent Shy assured him that the range would be
located in a park with only the open space area being
used as a back to the range.
commissioner Helton asked whether the County of San Diego
had been contacted. Superintendent Shy answered that the
county was contacted and they said they would consider
it. Dialogue will continue with them.
Superintendent Shy also contacted Southwestern College
and was informed that they would want it to be a
structured program if they would ever offer it and the
range would not be open to the public.
commissioner Lind stated that he had personally invited
Mr. Chessmore to contact him to go look at alternative
sites for an archery range. He never heard from him.
Motion made to close the Archery Range as it exists now
until a new location can be found.
MS Lind/Willett
Commissioner Helton would like the motion changed to
address only the fact of closing the archery range.
Motion to amend the motion to read; Close the Eucalyptus
Park Archery Range permanently.
MSC
Willett/Helton
5-0
Vice-Chair Hall wanted it known that the Commission is
not anti-archery, but site deficient at this
point.
commissioner willett wanted to assure Mr. Robinson that
one of the first things to be planned in the Otay
Regional Park is an archery range. He also has talked
with those concerned with the Olympic Training Center and
that there should be public access to their archery
range.
1(,,-1.
commissioner Helton stated that she feels the archers had to
very careless to let their arrows fly over the hill and
hit houses across the street. She recommends that any
future archery range have a structured format, including
supervision.
Motion made to support the Department I s plan to seek
alternative sites in Chula vista.
M
Lind
Motion failed due to lack of a second.
vice-Chair Hall thanked staff for all their time on this
issue. He felt that an organized group of archers to
assist staff with the planning of a future site would be
beneficial. As new areas are developed new site ideas
can be brought before the commission.
b. American Leaion - Eucalvptus Park (information)
Recreation Superintendent Shy gave background information
concerning the American Legion relocating in Eucalyptus
Park. From a special meeting of the Parks and Recreation
commission on May 31, 1990, the Department expressed
serious reservations about the use of the proposed site
for use other than public park puposes. At the November
20, 1990 meeting, City Council negotiated an agreement
with the American Legion for the relocation, demolition
and replacement of the facility with a joint use
provision. The projected site will be where the closed
archery range is now. The Legion is actively seeking
funding.
Superintendent Shy explained that part of the agreement
is that the building will become the American Legions'
after the 40 year term of the loan. The terms for the
use of the second floor will be based on a meeting
between the city and the American Legion that will occur
annually to determine 12 annual dates and 1 monthly date.
What is open on the second story for the city, unless
usurped by these previous arranged dates, is weekdays 6
am to 5 pm Tuesday through Friday. Weekends would be 6
am to 12 noon. The city would only be able to use the
facility for programming, not for rental.
commissioner willett asked if the Master Plan for
Eucalyptus Park had been accepted. Superintendent Shy
didn I t think it had been accepted because the Master Plan
showed a Community Center Building.
The serving of alcohol by the American Legion was
discussed and is a concern of the Commission.
1"7
commissioner Willett wanted it taken into consideration
that when the American Legion first used the land the
city did not have plans for the property, so the American
Legion cleaned it up and built a building.
It was discussed and is a concern by the Commission that
they have not heard anything about this issue until
tonight since their special meeting on May 31, 1990.
Vice-Chair Hall would like to have a report back to the
commission concerning all subsequent events concerning
this issue that have taken place since the May 31, 1990
special meeting of the Commission.
commissioner Helton asked if this could be done by next
Commission meeting and Recreation Superintendent Shy felt
that it could.
c. Youth Center (information)
Recreation Superintendent Shy reported that the City
Manager gave staff direction to distribute an informal
questionnaire to other Youth Serving Agencies in the
Chula vista area. The questionnaire will go out next
week soliciting information if they would be interested
in participating in the operation of the Youth Center.
Staff will be reporting to the Commission next month on
the results of this questionaire.
4. NEW BUSINESS
a. Memorial Grove for Gavle McCandliss
After handing out maps and graphs of existing city parks,
Department Landscape Architect Martin Schmidt gave a
presentation of the planned Memorial Grove for Gayle
McCandliss. The Council referred to the Department to
look into the feasibility of establishing a Memorial
Grove at Halecrest Park. Halecrest Park was constructed
in the 1970's and the outstanding feature of this park is
that it is adjacent to city owned open space. Mr.
Schmidt's proposal is to work with this open space to
have a Memorial Grove at the north end of the park and
then establish a nature trail through the open space area
adjacent to the park. The grove will have a plaque,
benches and kioskjsignage to identify the nature trail.
This would be a five phase project that would also
include improvements to Halecrest Park.
Many trees have been offered for the grove. There would
be a need for remedial watering with young trees being
planted. Ultimately, the watering would be tapered off if
native varieties of trees are planted. Planting young
~-i
trees are preferable because they can adapt quicker than
planting large trees.
commissioner Lind was concerned about what the trails
would be made of. He supports the idea of a Memorial
Grove but feels the existing trails should not be used.
commissioner willett felt that there is a need to connect
the trail systems in the City's open space areas.
commissioner willett was concerned about what fiscal year
this would come out of. Mr. Schmidt explained that the
plague and grove would be out of Fiscal Year 1991-92.
commissioner Lind was concerned about who would be
responsible for this area. Mr. Schmidt explained that
the park ranger and park maintenance would monitor and
maintain the area.
commissioner willett recommends that the trail system be
looked at for a simpler plan.
Commissioner Hall also recommends that the idea of a
switch back trail system be looked at considering the
terrain and potential for liability.
Motion made to accept staff's recommendation #1 from the
commission Agenda Statement and accept staff's submittal
for FY 91-92 budget review.
MSC Willett/Helton
5 - 0
b. Leadership Chula vista Seminar (information)
Recreation Superintendent Shy reported that the seminar
is sponsored by the Chula vista Chamber of Commerce and
any of the commissioners who would like to attend can.
Superintendent Shy will check on the availability of
funds to pay for the commissioners attending.
5. COMMUNICATIONS
a. Written communications
none
b. commissioners' Comments
commissioner Carpenter is looking forward to the second
phase of her tour of the parks. She found the first tour
to be very informative, but would like to see some
improvements in the parks west of Interstate 805 and
south of L Street.
1'-~
commissioner Helton feels we need to work at not having
a two tiered city. Try to get the youth more involved.
commissioner willett represented the city at the swiss
Club gathering at Swiss Park. He also stated that the
Baldwin Company can give a tour of their property to the
commissioners if they would like and recommends these
tours of developers' properties. He feels that there
should be a practical drawing of what Rohr Park would
look like when it is done for people to see. He is
concerned about the Department staff work load and feels
the commission should be cautious about putting extra
work on staff.
Vice-Chair Hall would like to see a curfew program in the
city. He feels this may be a way to help control the
graffiti problem in the city.
6. MONTHLY REPORT
Recreation Superintendent Shy reported about a new
product the department is using called Graffiti Melt.
She also reported to the Commission about Council
activity on items of concern to the Commission and
Departmental activities.
The meeting was adjourned to the next regularly scheduled meeting
of June 20, 1991.
Respectfully SUbmitted,
Julia G. Lindsey
1'-10
BOARD & COMMISSION REAPPOINlMENT REQUESTS
BOARD OF ETHICS
HARRIET ACTON
JERRY MC NUTT
COMMISSION ON AGING
MARIE SCRIVENER
LINDA GILSTRAP
RUTH HAGEDORN
CULTURAL ARTS
PAUL HENDRICKS
RALPH TORRES
ECONOMIC DEV COMMISSION
TY COMPTON
WILLIAM TUCHSCHER
HUMAN RELATIONS COMMISSION
PATRICK HOWELL
INTERNATIONAL FRIENDSHIP COMMISSION
TERRY THOMAS
MONTGOMERY COMMUNITY PLANNING COMMITTEE
CLAY PLATT
ljb..l
NANCY PALMER *DETERMINATION MADE AFTER JULY 1
PLANNING COMMISSION
SUSAN FULLER
JOE CASILLAS
PARKS & RECREATION COMMISSION
RUSS HALL
RESOURCE CONSERVATION COMMISSION
JAMES STEVENS *RESIGNED 5/17/91
REAPREQ 5/29/91
1~ h-2