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Home My WebLink AboutAgenda Packet 1998/04/21 (2) Tuesday, April 21, 1998 Coum:il Chambers 6:00 p.m. ~'~ Public Services Building CALL TO ORDER 1. ROLL CALL: Council members Moot -' Padilla -' Rindone -' Salas -' and Mayor Horton - 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SlLENCE 3. APPROVAL OF MINUTES: March 17, 1998 and April 7, 1998. 4. SPECIAL ORDERS OF THE DAY: A. Oath of Office: Ed Wesche, Otay Valley Road Prqject Area Committee. B. Presentation to Assistant Chief of Police, Jim Zoll, by Chief of Police, Rick Emerson. C. Announcement of winners of the 1997/98 Fair Housing Poster and Essay Contests hy Mary Scott Knoll, Executive Director, Fair Housing Council of San Diego. . D. Update on the Port Commission by Chairman, David L. Malcolm. E. Proclaiming the week of April 19 through April 26, 1998 as "Boys and Girls Cluh Week." The proclamation will be presented by Mayor Horton to John Clingan, President and CEO, along with Danielle Broussard and Melissa Payne, both "Youth of the Year." F. Proclaiming the month of April 1998 as "Alcohol Awareness Month." The proclamation will be presented by Mayor Horton to Tris Hubbard, representative of the Chula Vista Human Services Council. CONSENT CALENDAR (Items 5 through 13) The staff recommendations regarding the following items Listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the Lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 4/7/98, that there were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter he received and tiled. B. Letter from Norm Ross, Commissioner of the California Youth Soccer Association-South District One, requesting a donation for Salvador Barraza, a Chula Vista youth, to attend a youth tournament in France during the last week of May. It is recol11l11endeu that the rcLlIcst be denied. C. Letter from Roderick F. Davis, Executive Director of Chula Vista Convention & Visitors Bureau, requesting that the tax paid by the Amphitheater and the Waterpark be added to the total TOT collected when determining the allocation to Con Vis. It is recommended that this be referred to staff for review and that it be considered as part of the hudget process. 1 Agenda -2- April 21, 1998 6. ORDINANCE 2728 AMENDING THE ZONING MAP OR MAPS EST ABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING APPROXIMATELY 12.97 ACRES OF LAND LOCATED AT 675 OXFORD STREET FROM RESIDENTIAL SINGLE FAMILY (R-l) AND LIMITED INDUSTRIAL (IL-P) TO OFFICE COMMERCIAL (CO-P) AND DELINEATING PRECISE PLAN GUIDELINES (second readin~ and adoption) - There are two aspects to the Project: I) Amend the General Plan for the subject property from Open Space/Research & Limited Manutacturing to Professional & Administrative Commercial; and 2) Rezone the property ft;om R-l (Residential Single Family) and IL-P (Industrial Limited - Precise Plan overlay) to CO (Oftïce Commercial). The Project Site is 12.97 acres in size. - The applicant, Palomar Station, LLC, is requesting an amendment to the General Plan Land Use Diagram and rezoning of property located at 675 Oxford Street from Residential Low-Medium and Limited Industrial to Professional and Administrative Office Commercial to permit development of the property as professional offices or, with approval of a Conditional Use Permit, multi-family residential. The Applicant has indicated that they have tried unsuccessfully to market the property as industrial land. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) 7. ORDINANCE 2729 AMENDING SECTION 8.20.025 OF THE MUNICIPAL CODE RELA TED TO VENDING VEHICLES - RESTRICTIONS NEAR ELEMENTARY SCHOOL FACILITIES (first readin\:) - City staff has heen experiencing a problem in dealing with complaints regarding ice-cream vendors in the immediate vicinity of our local schools. A change III the stru(tunng of ollr schools has created a problem with the language III the ordinance restricting vending vehicles. Additionally, staff feels that there is now a need to incorporate schools, other than elementary schools, into the language of the existing ordinance restricting these vending vehicles. Many of the complaints and reported problems have come from the areas surroundlllg Middle or J UllJor High Schools and High Schools. The current language in the Municipal Code does not address these other schools directly. Staff recommends Council place the ordinance on tÏrst reading. (Director of Public Works and Chief of Police) 8. ORDINANCE 2730 ENACTING THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT ORDINANCE (first readin!!) - The City is clIrrently umdlll'ling proceedings for the formation of a Community Facilities District, pursuant to the "Mello-Roos Community Facilities Act of 1982" ("Mello-Roos Act"), to finance the operation and maintenance of the proposed Otay Ranch SPA One Open Space Maintenance District, the Otay Ranch Preserve Maintenance District, and the Sun bow II Open Space District. The proposed ordinance will enahle the City to amend the Mello-Roos Act to accomplish the following: (I) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"); (2) include maintenance activities not listed in the "Mello- Roos Act" or the" 1972 Act"; and (3) establish an operating reserve fund for open space districts. Staff recommends Council place the ordinance on first reading. (Director of Public Works) 9. RESOLUTION 18958 AMENDING THE BUDGET TO INCLUDE CONTRACT LABOR NEGOTIATIONS SERVICES AND APPROPRIATING $10,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND RESERVE -The City will be conducting labor negotiatIOns with the PolIce Officers Association. In the past, the City has generally used in-house management staff to conduct negotiations, with a senior staff memher as the chief negotiator. Staff recommends approval of the resolution. (City Manager) 4/5th's vote required. Agenda -3- April 21, 1998 10. RESOLUTION 18960 ADOPTING NEGATIVE DECLARATION IS-98-22 FOR THE ANIMAL SHEL TER - On 2/17/98, Council approved Purchase and Sale Agreements for properties located at 110-130 Beyer Way and 1771 Fourth Avenue for the purposes of siting a new animal shelter. That Agreement required that an environmental review of the site and proposed project in accordance with CEQA would be completed prior to close of escrow. Staff recommends approval of the resolution. (Community Development Director) 11. RESOLUTION 18961 APPROVING A COMPREHENSIVE RELOCATION AND PROPERTY SETTLEMENT AGREEMENT WITH VALENCIA DIESEL TRUCK REPAIR AT 3554 MAIN STREET AND APPROVING PAYMENT IN THE AMOUNT OF $20,197 AS SETTLEMENT THEREOF FROM THE OT A Y CENTER CIP PROJECT (#PR 133) - On 10/21/97, Council and the Redevelopment Agency approved Purchase and Sale Agreements with the property owners of 3554 Main Street for purposes of siting the proposed Otay Recreation Center project. As part of that transaction, it was indicated that the City would be responsible for relocating the existing tenant on the site, ValenCIa Diesel Truck Repair. Staff recommends approval of the resolution. (Community Development Director) 12. RESOLUTION 18962 APPROVING A TWO-YEAR EXTENSION WITH THE UNISYS CORPORATION FOR THE MAINTENANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER - In July of 1995, the City entered into a three-year maintenance agreement with Unisys Corporation for maintenance of the City's Unisys V -430 mainframe computer. This three year agreement expires on June 30; however, the agreement gIves the City the right to extend the contract for two additional years at the same terms and conditions. The existing contract includes features such as an annual rate cap and several performance thresholds which must he met hy Unlsys. Staff recommends approval of the resolution. (Director of Management and Information Services) 13. RESOLUTION 18964 ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENT FOR THE PURCHASE OF ONE SERVICE AND MAINTENANCE TRUCK - On 3/3/98, an advertisement was placed in the Star News soliciting bids for the proposed purchase of one service and maintenance truck. In additIOn, twelve prospective bidders from the Purchasing Agent's hid list, including two local vendors, were contacted directly. On 3/24/98, the hids were opened. Two bidders, including a local vendor. responded. The lowest hluuer was Fuller Ford with a net unit price of $34,053.31. Stan recommends approval of the resolution awarding the Purchasing Agreement to Fuller Foru. (Director of Public Works and Director of Finance) * * * END OF CONSENT CALENDAR * * * ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State Law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Form 1/ available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, Lease give your name and address for record purposes and follow up action. Agenda -4- April 21,1998 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Fonn" available in the Lobby and submit it to the City Clerk prior to the meeting. 14. PUBLIC HEARING PCM-98-27; AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATION OF THE PLANNED COMMUNITY DISTRICT REGULATIONS TO MODIFY THE REQUIRED SIDEY ARD SETBACKS AND ALLOW ABLE FLOOR AREA RATIO IN THE RESIDENTIAL SINGLE FAMlLY LAND USE DISTRICTS - FIELDSTONE COMMUNITIES, INc. - The applicant proposes to amend the Sectional Planning Area (SPA) plan for the Sunbow II project. The proposed amendments would change the reyuired sideyanJ setbacks from 13'/3' (minimum total/one side) to 10'/5', anu wollid Increase the allowable Boor area ratio from 50% to 55 % in the ResllJentlal Single FamIly land use district. Staff recommends CouncIl place the ordinance on first reading. (Director of Planning) ORDINANCE 2731 APPROVING AMENDMENTS TO THE SUN BOW II SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING SIDE YARD SETBACKS AND FLOOR AREA RATIO (first readin~) 15. PUBLIC HEARING REGARDING THE ADJUSTMENT OF THE TELEGRAPH CANYON DRAINAGE FEE - The fees established in 1990 tÙr the Telegraph Canyon Drainage Basin improvements were last updateù In 1992. At that tlIne, however, due to various factors, the fee remained unchanged at $3,922 per acre. It is time to revisit this fee after six years and update it in accordance with the provision included within Ordinance 2384. It approveù, the r<ósoilltion will increase the fee to $4,863 per acre. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 18965 ADJUSTING THE TELEGRAPH CANYON DRAINAGE FEE AS PROVIDED FOR IN ORDINANCE NUMBER 2384 BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items Listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" fonn available in the Lobby and submit it to the City Clerk prior to the meeting. Agenda -5- Aprd21,1998 16. RESOLUTION 18966 APPROPRIATING FUNDS TO THE ENERGY CONSERVATION FUND TO CONTINUE TELECENTER OPERA nONS THROUGH THE END OF FISCAL YEAR 1997/98 AND DIRECTING STAFF TO INCLUDE $15,000 FOR TELECENTER OPERA TIONS FOR FISCAL YEAR 1998/99 BUDGET - During budget discussions last year, Collncil challenged staff to show the telecenter could be self-sufficient through this year. To date. staff has met this challenge and has also embarked on a very successtul marketing campaign, bringing in an historical 78 clients in February and IOcreasing to 100 clients in March. Staff is requesting appropriation of telecenter revenue and Voluntary Time Off salary savings from the environmental management budget to continue operating the telecenter through this tïscal year, and to direct staff to actively seek gap funding for next fiscal year. Staff recommends approval of the resolution. (Environmental Resource Manager) 4/Sth's vote required. 17. RESOLUTION 18967 ACCEPTING ANNUAL TOXICS POLICY REPORT ON IMPLEMENTATION OFTHE MUNICIPAL POLLUTION PREVENTION POLICY AND SUPPORTING RECOMMENDATIONS TO FURTHER IMPLEMENT THE POLICY - In Allgust 1996, Council adopted a new pollution prevention policy; one element in the policy was to provide an annual update for Council to review implementation progress. Staff has reviewed the original recommendations and followed up with all affected City departments to determine if the recommendations in the policy had been IInplemented and If these recommendations were of benefit to the department. This report contains tindings from the follow-up and is provided for Council to review progress made by staff. Staff recommends approval of the resoilltion. (Environmental Resource Manager) 18. RESOLUTION 18968 APPROVING THE REGIONAL WASTEWATER DISPOSAL AGREEMENT WITH THE CITY OF SAN DIEGO AND PARTICIPATING AGENCIES - Chllia Vista has been worklllg with other regional sewer agencies and the City of San Diego to develop a new Metro Sewage agreement which would extend the existing agreement to 2050 and allow guaranteed service beyond 2050. This new agreement is hased on the "Principles of Understanding" which were approved hy Council in Decemher of 1996. Staff recommends approval of the resolution. (Director of Puhlic Works) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agendn items pulled at the request of the public will be considered prior to those pulled by CounciLmembers. OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) A. Scheduling of meetings. 20. MA YOR'S REPORT(S) A. Appointing new members to the UCCV Task Force. / Agenda -6- April 2 I, 1998 21. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a special joint meeting/workshop of the City Council, Growth Management Oversight Commission, and Planning Commission on Monday, April 27, 1998 at 6:00 p.m, in the Council Conference Room, Administration Building, thence to the regular City Council meeting on April 28, 1998 at 6:00 p.m. in the City Council Chambers. A meeting of the Redevelopment Agency will be held immediately following the City Collncil meeting. 10' e'er-Jape ~H1"(>' "'.' .-' """"'-"""'¡,."".' ",..+ '"".~ -, " '... ¡ ,'" t t!r" . , " , " ;,';;~Cf,!mJi';" ':::'.; "',~,~'.!:,~ Tuesday, April 21, 1998 tt'~,."'¡.¡.:¡LC ~ ;Iv. "L". "'',. 3:~ Council Ch.mbeŒ 6 00 OF'dc. ' <'dC',," ,> C ~ P'u. bl' S ' B 'Id' : p.m. . -. ....,"'....;."" . V/ "'--'" lC erVlces Ul Ing (immediately following the City Council Citv of Chula Vista City Council CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which wiLL be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 . USA v. City of San Diego. . In the Matter of the Application of San Diego Gas & EI<òctic Company (U 902-E) for Authority to Sell Electrical Generation Facilities and Power Contracts. 2. Anticipated litigation pursuant to Government Code Section 54956,9 . CMI, 2387 Faivre Street, Chula Vista, CA. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: David Rowlands or designee for CVEA. WCE, POA. IAFF. Executive Management, Mid-Management, and Unrepresent<òu. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION i " 03/11/1998 15: 13 619-6995885 FAIR HOUSING COVNCIL PAGE 02 THE FAIR HOUSING COUNCIL of SAN DIEGO "P"O/IlOr/UK equal bou,rí//g opp~rNmitjer [0,. IIIf þ,"-¡O71S. ~ March 11, 1998 Mð.t}. Scott KnoU Ii,oculiv. /)iroclor Mayor Shirley Horton yI;/.y\ BOARD of DIRECTORS City of Chula Vista Mayor's Office ?~E$'DeNT 276 4th Avenue Gayle Richardson Chub Vista, CA 9 1910 ' odent... App/lt'úUI>rJo Inlornaliurial Corp- V(;n-P~eS[DeNT Juditb-Gail GIe,!11 Dear Mayor Shirley Horton: Nelg/lborhoo« Holl.. H.ad SlOtt S!e~eT^RY The Fair Housing Council of San Diego (in conjunction with the City Scon'Gau;s Coco Cpl'll!nl~rprf"." of Chula Vista Community Development Department) would like f,O TREASURe:R JosW¡h Horiye reserve time at your city council meeting on Tuesday, April 21, 1998, 5.n ;~(¡Ò Community' Hell.inp Corp, to annoUnce the winners of the 1997-98 Fair Housing Poster & Essay 80M) ME~1!le~S Contests. Dorothy Smith Collins C"mf/lunlly Vo/uII'o" Laquita RobbIns We would like to invite you and the council members to a reception ,~òQfhlnlJ Violtalion I<ali~ l<el.\bn....HeTt1ert following the announcement of contest winners for the families of 5an DiOl)Q Ttan«tipl contest participants. Sandra ÇhuIchill, Esq, Gary ,/e,nerelte Sun Die!", Union Tribu,,~ If you have any questions, please call me at (619) 699-5888. ' Adriana Sanchez-Aidan¡¡ -~",..Iwal., Unlun /-Ilgh SChool /)18/r(el Sincerely, FHCSD ADVISORY ~ ~~ /11.rcv COMMITIEI!, EST. 1996 John Johnson 71." Sun t;ìj~go Urban tar,go. Andrew Miklusicak, M,S.W. Gary Wong Union B",ik of Culilamia Fair Housing Ptograms Coordinator 'Kathryn Lembo Schroeder Soolh Bay Communl/r So"'",.. Valerie i\llilleI Robelf ", Ln E/.m"nlarl' ¡¡Oller Çðlares Sylvia M!\runez MAAC Pro;oci J",rfrey Wynne Shh lJiou" Co,,"ly Ollie. ,,/ AWS C<1Qrdl1",</"" PhC)ll~ 6/9 699.5888 Toll Free 1-800-430-0303 FAX m 699-5885 625 Broadway, Suite 1114' San Diego, CA 9210 1-5418 L/c-/ dJ. l-/(/" / -----' .~ a ~ M ~ M ~ c: ~ 0 ~ 0 ¡;; -.:; M c: ::: .~ M ~ ~ ~ g .S c., ~ 1:: ::I ~U Q.. 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(1) 5 ~ (1)~...::E,~o ~~::E~~ ~~3~~p..~G~8~~ ¡¡¡(j::E~~~ ~ ~o~~ (1)~-':;(1).o<; c::~ 0 -':;(1) os (1)~ (1)"'(1)(1)(1) '2"2"'w:::0.. ~';J-..c:- os'E-os~"":-~c:u..c:~- ~OSO::l="": - U (1) U c: U U 'c ><::: ... M c: C" os .- OS.o w c:: ... C" (1) .- OSO (1)~~ ~;'-'~~c., ~::Ios~~osu~l~os~ ~os~uC::5'" o¡'¡:;~::r:¡.¡.¡~ .o<;U.o<;.o<;~ ~V)::r:~~o~~~V)o¡¡¡ oo>~~ ~~'?- 2~: ~~~~ ---- CIN OF CHUIA VISTA OFFICE OF THE CITY ATTORNEY Date: April 8, 1998 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney Re: Report Regarding Actions Taken in Closed Session for the Meeting of 4/7/98 jffL The City Council met in Closed Session on 4/8/98 to discuss Wolfe v. City of Chula Vista; Griffin v. City of Chula Vista; Granite Construction v. City of Chula vista; In the Matter of the Application of San Diego Gas & Electric Company (U 902-E) for Authority to Sell Electrical Generation Facilities and Power Contracts; and labor negotiations. The Redevelopment Agency met in Closed Session on 4/8/98 to discuss Conference with Real Property Negotiator: 760 Broadway (Parcels Nos. 571-200-13, 14, 15, 16 and 17) Redevelopment Agency and Broadway Village Business Homes, L.P. Parcels Nos. 565-310-09 and 25 Redevelopment Agency and City of San Diego. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k C:\lt\clossess.no 5/7-/ 276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 1.J¡ Pœt~ Aa)ded p.... NOT SCANNED April 15, 1998 TO: The Honorable Mayor and City counc~ FROM: J~ D. Gass, City ManagerJG ~ :::--- SUBJECT: City Council Meeting of April 21, 1998 This will transmit the agenda and related materials for the regular city Council meeting of Tuesday, April 21, 1998. Comments regarding the Written Communications are as follows: Sa. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 4/07/98, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. This is a letter from Norm Ross, Commissioner for the California Youth Soccer Association, , requesting a donation for Salvador Barraza to attend a youth tournament in France next month. This request does not meet the criteria for funding established in Council Policy 159-02, as there is no "tangible benefit to the city". IT IS THEREFORE RECOMMENDED THAT THE REQUEST BE DENIED. For Council's information, requests from the San Diego County Boys Baseball organization, the Sweet Revenge Softball Team and the AYSO All Star Team to attend tournaments have been denied. Sc. This is a letter from Rod Davis, Executive Director of the Chula Vista Convention & Visitors Bureau, requesting that the tax paid by the Amphitheater and the Waterpark be added to the total TOT collected when determining the allocation to ConVis. IT IS RECOMMENDED THAT THIS BE REFERRED TO STAFF FOR REVIEW AND THAT IT BE CONSIDERED AS PART OF THE BUDGET PROCESS. JDG:mab RECEIVED Coliforn;o~u_cJO;eP ~šl5c:;ot;on - South ~aczbok ~. NATIONAL STATE ASSOCIATION OF THE -', UNITED~-I'~HUI:! AöA~Ij\ASSOCIA TION SOCCER AND TH ~TSS~R FEDERATION £19 ~ .... -4 -<-< :u ("")0 ~ fT1 ," .0 m('") ::O::x: ~ J'T1 ::-:c:: 0 - (.I), < » '"'tJ fT1 March 16, 1998 ~< ..." - - 0 -V> ~ (}-1 fT"'" U1 Dear Community Leader: Please allow me to introduce Salvador Barraza, As a member of a very talented group of San Diego County youth soccer players, Salvador has an opportunity to represent our county by participating in a youth tournament in France during the last week of May, However, in order for Salvador to make his dream of playing against European competition come true, he is ask to seek financial assistance ITom the community, The total cost of the trip is $C250,OO per player, and the team would appreciate your support This tax-deductible donation should be made payable to CYSA-South District One, and handed to Salvador, The opportunity for our young athletes to participate in a tournament of this quality doesn't come along very often, That is why] am committed to helping these fine young soccer players make this trip, Should you have any questjons or simply wish to speak with me about this matter, please caJl me at (6 t 9) 695-6600, Yours in soccer, ¿}-}~~,c tc~ Norm Ross, Commissioner CYSA-South District One ] ] 405-236 Affinity Court San Diego, CA 92131 - .. . ._c, "~fn:jONS 4/J\ ~f '-, ,-,' Ii I' C fly, /,,(~ (/ [Ll) WiD'~ ,T ,,:", " ','. '"".,-,..,",;:t-. ët: ' -' ,,~ ',.;;; :-..,";:"" _.... .:',;; 1'\1 Û ~t1'Ò <.:;,.-' - --' l/~J MhJ [I) 4' 22 - 74 ZG Ko"-1 CJ~V~lO ES~ r- ADA. 5ß-/ t 418 Ef4c) UNCLE b\C¡ -- 4~3-d-r5" -- EXCELLENCE IN YOUTH SOCCER OFFICIAL SPONSORS STATE OFFICE: 2051 E. Cerritos Avenue. #8-C . Anaheim. CA 92806 REfBOK 714-778.2972 (0) . 714-778-1668 (F) AFFILIATES USA ßAGS N CO^1I'ANY U.S.S.F. SPORT PINS 714-533.6084 (BBS) F./,F.A. Internet Address: httþ:/ /www,þrimenetcom/-cvsQs/ -AVã !"s"ß.iëárdo-rs I A F "unll Avo - Chilia ViSta, 9 i 91 0 6 ¡ 9-498-0715.. (J7I1 4/83--j . , 0 IL A""O7.', Salv"do, 1559 Amadw"y Chula V;st", 91911 619-<22 -7426 tl8121/83 ~ ~ ~:Chòld' K~~~ ~; ~ 14 Olivc~ POW"y, 92064 ~ 61 ~-486-9'90 ... . OSJi4/84 -- j Meadows ".,;~...."--'-'--., -¡)õ¡'oskiTr;ï\;S-- 1252 Avcllida El Cajon, 920~ (619-579-6403 ~ "10/25/84 --'-- .~ Elisa , ) - Dörosk-i';Zacl1ary 12'52 Ävenida ,- ËÏ Cajon, 92019 ~~9-579-640Y 02/11-~----- Elisa --~_.._," --------, - --....--..---..--- Freeman, Tyler 17011 Surrey Hills Poway. 920M 6/9-487-1983 01/09183 -~'-""~=~~~'--," Ct. ---- ---- ----,. /Gagliardi, ); 805 Gi\ins 51. San Diego, 92154 6/9-575-7835 02/01/84 J' i\~(\Ü~\.t~ Nicholino .' /" --~- ---, /\ "J Jcnnn g;¡;-;Tölìn ) 3816 Putney Poway. 92064 619-748-5151 10/1 3/84- \ \.. "....--,...,..--..-"--- -- -, ---,_._- Moore. Joseph lO528 Moorpark Spring Valley, G 19-6GO-9044 12/12/84 SI. 91978 "-'---,..-.,-- ---, ---, Quarles, Brett 10335 Barrywood San Diego, 9213 I 619-549-4580 12/14/83 W J!L- '. Sanchez. Nicholas 31 East Sierra Way Chula Vista, 9191 619-420-0976 02/29/84 ---..---..,----....-, --,---,---- Schorzl11an- Brian ] 3438 Black Hill San Diego, 92129 619-484-4) 24 10/24/83 Road ...-'...-------.. - - -- "--""- Shannahan. 16047 Big Springs San Diego, 92127 619-485-5423 02/11/83 Randall W~L-.._._" ---'-'--"--,--, -.-- .... Silva. Christian 1543 PI, Huenemc ('hula Vista, 9 j 911 619-482-1892 04/19184 ".-"--,...-..-... -- - """----- -~~-~- 56 2-407 ~-Ï~20/83-=_-~ Welk. Marc 8218 Limon Lanc EI Cajon, 92921 --------"----. ~.. I '. I '" I I "'I' /,,/Vw:( l, t- I, '" "j ~ 5ß-;¿ , , , Chula ~ta -'------- RECEIVED --~ ~'JLJLH nì . e, ø -2 Pl :26 ' i IeM 2 6 /998 "98 Convsnfion g ~-j ! Visitors Bursllu i ¡ . ,-- ~ ~TY OF CHULA VI~Tf\ rOU/"lLõrTr. I v. ',.., f,ES TV <M&~S¿[F ~~98 --,--- CHUU. VISTA CA _...J , The Honorable Shirley Horton Mayor, City of Chula Vista and Members of the City Council 276 Fourth Ave. Chula Vista, CA 91910 Dear Mayor Horton and Members of the City Council: As Chula Vista becomes an even more attractive tourist destination, the role of the Chula Vista Convention and Visitors Bureau (ConVis) continues to expand. Our principal focus is to attract visitors to Chula Vista who live in close proximity and/or who have been attracted to San Diego by the San Diego Visitors and Convention Bureau, which does an exceptionally good job and has a multimillion dollar budget. Our efforts are hampered by a clearly inadequate budget. I've included documentation showing that we are among the least funded Convention and Visitors Bureaus in California regardless of city size, and we are the least funded for a city our size. The City of Santa Maria, which is half our size, has a budget twice as large. While we recognize that money does not grow on trees, we would like to suggest that the tax paid by the Amphitheater and the Waterpark be added to the total TOT collected when determining the allocation to ConVis. As you may recall, we receive an amount equal to 10 percent of the TOT collected. This proposed methodology would allow us to be more effective in advertising the city thereby drawing more visitors to our attractions and generating more tax dollars for the city. In a sense this is also a matter of equity as our primary focus is on these two attractions, which receive our support virtually for free. I've also included a letter of support from White Water Canyon. Sincerely, Chula Vista ConVis WRli~"';:it1!~"~1 ::;~1-':;', ,,'"\ .',; :' °, '- .'. " /R::, "fiCr~~S . IlCi~ ~~'b"';¡;'ûD\¡¡~~¡¡i¡'~d~~ I '. -. ~' i'rl>, Iv't ~yj Lf/ð/f¡g ,. f~ yZve- (\*"\ A1ÇQ oj /Áoderick F. DavIs Ù \ í 0 ç ^' CJ') Executive Director c..G: C >1)' 6':A}(\C/ \ C,f/ NCUìC:9Cf Enclosures C:1~¡Cqd/OU()D S C --- / 233 Fourth Avenue. Chula Vista, California 91910 . Tel: (619) 426-2882 . Fax: (619) 426-9925 March 9, 1998 The Honorable Shirley Horton Mayor, City ofChula Vista and Members of the City Council 276 Fourth Avenue Chula Vista, CA 9)910 Dear Mayor Horton and Members of the City Council: White Water Canyon supports the Chula Vista Convention and Visitors Bureau's request to have the tax we pay included in the algorithm for detennining the funding level of Con Vis. Chula Vista ConVis is doing an excellent job for us and that means they are helping to significantly increase the dry's revenues. The Chula Vista ConVis along with the Chula Vista Chamber of Commerce have been very supportive sim:e the beginning of White Water Canyon's existence. We were geneïOusly provided with office space at the Chula Vista Chamber for approximately four months until our offices were built at the park. The Chub Vista ConVis and Chamber of Commerce also helped us generate a relationship ;vith the Somh Coumy Career Center. The South County Career Center provided an office tì)l' our Human Resources Manager along \vith contact> throughout the Sweetwater Union High School District to help us tïnd applicants to work at \Vhite Water Canyon. The Chula Vista ConVis and Chamber of Commerce also helped us out by placing advertisements in city pub¡¡c?tions relating to park development and the need for applicants. They also contacted the Chula Vista Library which was more than willing to put out applications to the public. We had an excellent response of over 8,000 applicants. Tt1e Chula Vista ConVis and White Water Canyon are working together on a committee involved with the Hilltop High School Academy of Travel and Tourism. The purpose of the Academy is to teach our future generations the industry of Travel arId Tourism. The Chula Vista ConVis is a great asset to the Academy based on its knowledge of the Chula Vista community and the contacts it provides to make the Academy a success! Tile Cilu¡a V¡sla CuuV;s puHeJ together á Chuia Vista lvi¡xer which was heid at White Water Canyon in junc to gIve the park more needed exposure. There was a very good turnout and a great time had by all. The Olympic Training Center, Chula Vista Nature Center, and \Vhite Water Canyon have all pulled together for advertising purposes for their own facilities along with advertising for the Chula Vista ConVis. As you can see. the Chula Vista ConVis has definitely been a huge support for White Water Canyon and various other Chula Vista entities. We support the Chula Vista ConVis and will be there for them just a.:; they have for us in the past Sincerely. . / /.......--¡ ~~// ...-' ~~/ .. ::¿;h~;¡,;j~ < -.-,- ¿.- Glenn Davidson General t\'lanager SC--~ 2052 Otay Valley Road. Chula Vista¡ California 91911 . Ph (619) 426- 7275 Fax (619) 426-4064 -- """'"",," W ACVB Budget Survey 1997 Santa Maria Santa Monica Greater Valley Santa Rosa Budget Year Fiscal Fiscal Fiscal Total Bureau Budget $310,000 $931,000 --- Actual Dollars $300,000 --- $250,000 In-Kind Services $10,000 --- --- Type of Bureau Div/Chamber Independent Div/Chamber Same BOD same BOD Convention Center--City Yes Yes No Exhibit Sq. FtJConvention Center--City 25,000 30,000 --- Convention Center--County No --- No Exhibit Sq. FtJConvention Center--County --- --- --- Expansion of Center(s) In ProcesslPlanned No No Planning Sq. Footage/Addition--City --- --- --- Sq. Footage/ Addition--County --- --- --- Bureau Managed Convention Center No No No Number of Full-Time Convention Center Staff --- --- --- Number of Full-Time Bureau Staff 2 8 2 Number of Full-Time Visitor Center Staff --- --- --- Number of Full-Time 800# Staff --- --- --- Number of Part-Time Bureau Staff 2 _n 8 Number of Part-Time Visitor Center Staff I 4 --- Number of Part-Time 800# Staff --- _n --- Medical Insurance Provided No Yes Yes Retirement Plan Provided No No Yes Mileage Reimbursement Rate/Mile .225 .285 .31 Annual Auto Allowance --- --- --- City TOT Rate 10% 12% 9% County TOT Rate 10% --- 8% State TOT Rate _n --- --- Projected TOT for Budget Year--City $1,100,000 $12,000,000 $2,000,000 Projected TOT for Budget Year--County $1,000,000 --- $7,000.000 Projected TOT for Budget Year--State --- --- _n Percentage of TOT to Bureau--City 25% 7.7% --- Percentage of TOT to Bureau--County --- _n _u Percentage of TOT to Bureau--State --- --- _u Revenue to Bureau BudgetuCity $285,000 $931,000 $250,000 Revenue to Bureau Budget--County $15,000 _u --- Revenue to Bureau Budget--State --- _n u- Revenue to Bureau Budget--Membership Dues --- --- --- Number of Members --- 0 --- Revenue to Bureau Budget--Other Public --- --- --- Revenue to Bureau Budget--Other Private --- _n --- Funds From More Than 2 Govt Agencies No No No % of Budget Convention Mktg/Advertising 15% 20% --- % of Budget Tourism Mktg/Advertising 30% 50% 40% % of Budget ConventionNisitor Services 10% 10% 10% % of Budget Membership Development --- 0% 1Oge % of Budget Operations/Maintenance 30% 20% 40% % of Budget Other 15% --- --- No. of Properties Within Marketing Responsibility 12 32 27 No. of Rooms Within Marketing Responsibility 1,100 3,200 3,000 Pop vi C? -rl' Olv (ò1 5"00 q( 00 D !)-(ft COO / / SC-3 ...". , '" W ACVB Budget Survey 1997 Visalia West Yosemite Hollywood Sierra Budget Year Fiscal Fiscal Fiscal Total Bureau Budget $250,000 $743,000 $202,600 Actual Dollars $250,000 $743,000 $202,600 In-Kind Services --- --- n- Type of Bureau Div/City --- Independent Government Convention CenternCity Yes No No Exhibit Sq. Ft./ConvenlÎon CenternCity 114,000 n- n- Convention CenternCounty No Yes No Exhibit Sq. Ft./Convention Center--County --- 825,000 --- Expansion of Center(s) In ProcesslPlanned No No n- Sq. Footage/Addition--City --- --- --- Sq. Footage/ Addition--County --- --- --- Bureau Managed Convention Center No No _n Number of Full- Time Convention Center Staff n- --- --- Number of Full-Time Bureau Staff 2 3 2 Number of Full-Time Visitor Center Staff n- n- I Number of Full-Time 800# Staff --- 3 _n Number of Part-Time Bureau Staff _n 2 I Number of Part-Time Visitor Center Staff n- --- 40 Number of Part- Time 800# Staff --- --- _u Medical Insurance Provided Yes Yes Yes Retirement Plan Provided Yes No No Mileage Reimbursement Rate/Mile .31 .28 .31 Annual Auto Allowance _n --- --- City TOT Rate 10% 11.5% _n County TOT Rate 10% 14% 9% State TOT Rate --- --- --- Projected TOT for Budget Year--City $1,200,000 $5,720,000 _n Projected TOT for Budget YearnCounty --- --- $1.060,000 Projected TOT for Budget Year--State _u --- --- Percentage of TOT to BureaunCity --- 1.5% n- Percentage of TOT to Bureau--County _n u- u- Percentage of TOT to Bureau--State _u no --- Revenue to Bureau Budget--City $250,000 _n n- Revenue to Bureau Budget--County --- n- $197,000 Revenue to Bureau BudgetnState --- --- n- Revenue to Bureau BudgetnMembership Dues --- --- --- Number of Members --- --- _n Revenue to Bureau Budget--Other Public --- --- $3,600 Revenue to Bureau BudgetnOther Private --- n- $2.000 Funds From More Than 2 Govt Agencies No No No 0-" % of Budget Convention MktglAdvertising 40% 0 0 % of Budget Tourism Mktg/Advertising 33% 40% 49% % of Budget ConventionNisitor Services 7% 30% --- % of Budget Membership Development --- 0 --- % of Budget Operations/Maintenance 20% 30% 48% % of Budget Other --- --- 3% No. of Properties Within Marketing Responsibility 13 17 62 ,---No. of Ro~ms With~n Marketing Responsibility .. . 934 1.800 1.000 /OPl,'Ú'ÎÌON q),(jC'O ~ De 0 / sc-y '.,....,.., W ACVB Budget Survey 1997 Mariposa Merced Modesto County Budget Year Fiscal Fiscal Fiscal Total Bureau Budget $536,476 $100,000 $224,709 Actual Dollars $536,476 $100,000 $224,709 In-Kind Services n- --- --- Type of Bureau Div/County Div/Chamber Div/Chamber Government Same BOD Same BOD Convention Center--City No No Yes Exhibit Sq. Ft./Convention Center--City --- _n 24,000 Convention Center--County No No No Exhibit Sq. Ft./Convention Center--County --- --- n- Expansion of Center(s) In ProcesslPlanned No --- No Sq. Footage/ AdditionnCity _n --- n- Sq. Footage/AdditionnCounty _n n- --- Bureau Managed Convention Center --- No No Number of Full-Time Convention Center Staff --- n- --- Number of Full-Time Bureau Staff I I 3 Number of Full-Time Visitor Center Staff I --- _n Number of Full-Time 800# Staff _n _n --- Number of Part-Time Bureau Staff --- I I Number of Part-Time Visitor Center Staff 3 --- --- Number of Part-Time 800# Staff --- _n --- Medical Insurance Provided Yes Yes Yes Retirement Plan Provided Yes Yes Yes Mileage Reimbursement RatelMile .30 .31 .31 Annual Auto Allowance --- n- _n City TOT Rate _n 10% 9% County TOT Rate 10% 8% 6% State TOT Rate n- --- --- Projected TOT for Budget Year--City n- $625,000 $1,622,232 Projected TOT for Budget YearnCounty $536,476 $438.000 _n Projected TOT for Budget Year--State --- _n u- Percentage of TOT to Bureau--City --- 2% 13.3% Percentage of TOT to BureaunCounty --- n- --- Percentage of TOT to BureaunState --- n- _n Revenue to Bureau Budget--City --- $100,000 $223,059 Revenue to Bureau Budget--County $36,476 n- _n Revenue to Bureau BudgetnState --- _n n- Revenue to Bureau Budget--Membership Dues n- _n n- Number of Members n- --- --- Revenue to Bureau BudgetnOther Public --- _n n- Revenue to Bureau Budget--Other Private --- --- $1.650 Funds From More Than 2 Govt Agencies No No No % of Budget Convention Mktg/Advertising _n 0% 50% % of Budget Tourism Mktg/Advertising 37% 49% 20% ' % of Budget ConventionNisitor Services 18% 20% 20% % of Budget Membership Development --- 0% 09c % of Budget OperationslMaintenance 19% 31% 10% O/C of Budget Other 26% --- --- No. of Properties Within Marketing Responsibility 85 16 15 No. of Rooms Within Marketing Responsibility 3,100 875 1,310 'VOPl)\Ct~ON Jê-ç AGENDA PACKET SCANNED AT FIRST ORDINANCE READING ON: 4-/ ð 7/98 ORDINANCE NO. d- 7 ~« , I v" ù<\~ AN ORDINANCE OF THE CITY OF CHULA VISTA V rv AMENDING THE ZONING MAP OR MAPS EST ABLlSf:\E~~ BY SECTION 19.18.010 OF THE CHULA ,Ø1A MUNICIPAL CODE BY REZONING APPROX~~'V'12.97 ACRES OF LAND LOCATED AT 675 0 STREET FROM RESIDENTIAL SINGLE FAMILY (R~v AND LIMITED INDUSTRIAL (lL-P) TO OFFICE COMMERCIAL (CO-P) AND DELINEATING PRECISE PLAN GUIDELINES A. Project Site WHEREAS, property consisting of approximately 12.97 acres located at 675 Oxford Street and diagrammatically presented on the area map attached hereto as Exhibit A ("Project Site"); and B. Project Applicant WHEREAS, a duly verified application, PCZ-97-03, for a rezoning was filed with the Planning Department of the City of Chula Vista on June 25, 1997 by Mr. Bennet Greenwald on behalf of Palomar Station, LLC ("Applicant"); and C. Project Description; Application for a Rezoning of Land --- WHEREAS, said application requested the approval of a rezone of approximately 12.97 acres of real property located at 675 Oxford Street from Residential Single Family (R-1) and Limited Industrial (lL-P) to Office Commercial (CO-P) ("Project"); and D. Planning Commission Record on Application - - - WHEREAS, the Planning Commission held a duly called and noticed public hearing on the Project on December 10, 1997 in order to receive the staff recommendation and to hear public testimony with regard to same; and WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on IS-97-24; and WHEREAS, from the facts presented to the Planning Commission, the Commission determined that the rezone is consistent with the City of Chula Vista General Plan as amended by City Council Resolution No. 18957, and that public necessity, convenience, and good zoning practice support the rezoning from R-1 and IL-P to CO-P; and WHEREAS, the Planning Commission approved Resolution No. PCZ-97-03 on December 10, 1997 recommending that the City Council pass and approve subject application; and E. General Plan Amendment Approved WHEREAS, the City Council approved a General Plan Amendment, GPA-97-05, tor the t-j I I " rj._/' I .-" - Ordinance No. Page No.3 Street, contingent on offsite cooperation and funding. 3. The Precise Plan shall address vehicular access to and from Naples Street. K. Effective Date This Ordinance No. 2728 shall take effect and be in full force the thirtieth day from its adoption. Presented by Approved as to form by ~~~ ~ Bob Leiter John Kaheny Director of Planning City Attorney - - - ¿-~~ PROOF OF PUBLICATION This space is for the County Clerk's filing stamp (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and Proof of Publicaton of: a resident of the County aforesaid; I am __kY__IDlli9______-------------------------------- over the age of eighteen years, and not a party to or interested in the above- MAPS ESTABLISHED BY SECTION 19.18 -------------------------------------------------- entitled matter. I am the principal clerk of the printer of the STAR-NEWS, a MAP OR MAPS ESTABLISHED BY SECTION newspaper of general circulation, pub- 19.18.010 OF THE MUNICIPAL CODE !ished ONCE WEEKLY in the city of BY REZONING If r APPROXIMATELY 12.17 no Ice Chula Vista and the South Bay Judicial ACRES OF LAND LOCATED .Y AT 675 OXFORO STRE~ ::e District, County of San Diego, which FROM RESIDENTIAL SINGLE FAMILY~11 AND newspaper has been adjudged a news- LIMITED INDU R AL ~-Ppo OFFICE paper of general circulation by the COM Eft IAL (CO-P~AND DRINEATING PRE SE Superior Court of the County of San PLAN GUIDELINES This Ordinance had its first Diego, State of California, under the reading on April 7, ~996 and its'second reading and date of April 23, 1951, Case Number adQP~tthe regular meeuí,y UI 1\1-'111 ¿~, 1111111 182529; that the notice, of which the with the following vote: AYES: Moot; Padilla, Rin- annexed is a printed copy (set in type done, Salas, Horton; NOES: None; ABSENT: None; \ not smaller than nonpareil), has been ABSTAIN: None, Pursuant to City Charter published in each regular and entire Section 312(b), a f~1I co~y of said Ordinan,ce IS. aval,l- issue of said newspaper and not in any able in the Clt~ Clerk s Office and isavai able to all supplement thereof on the following interested persons by call- ing 691-5041. i dates, to-wit: DATED: April 22, 1998 I CV10789 4/25/98 4/25 all in the year 1998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this ,19~ Signatur /;-2 COUNCIL AGENDA STATEMENT Item 7 Meeting Date 4/21/98 ITEM TITLE: Ordinance ;¿?:;, c¡ Amending Section 8.20.025 of the Chula Vista Municipal Code relating to Vending Vehicles - Restrictions near elementary school facilities SUBMITTED BY: Director of Po$. W or~ Chief of Polio 'þ.<..-- ~ REVIEWED BY: City Manager JJ. ~ /""' (4/5ths Vote: Yes_No-X) City staff has been experiencing a problem in dealing with complaints regarding ice-cream vendors in the immediate vicinity of our local schools. A change in the structuring of our schools has created a problem with the language in the ordinance restricting vending vehicles. Additionally, staff feels that there is now a need to incorporate schools, other than elementary schools, into the language of the existing ordinance restricting these vending vehicles. Many of the complaints and reported problems have come from the areas surrounding Middle or Junior High Schools and High Schools. The current language in the Municipal Code does not address these other schools directly. RECOMMENDATION: That the City Council concur with staff and the Safety Commission recommendation to amend Section 8.20.025 of the Chula Vista Municipal Code relating to Vending Vehicles - Restrictions near elementary school facilities, and place the ordinance on the first reading. BOARDS/COMMISSIONS RECOMMENDATION: At their March 12, 1998 meeting the Safety Commission voted unanimously to concur with Traffic Engineering staff and the Police Department I s recommendation to the City Council to place the attached ordinance on the first reading. The Commission recommended that the hours of the prohibition be extended, from the 7:00 a.m. to 4:00 p.m. in the existing ordinance, to 7:00 a.m. to 5:00 p.m. so that children utilizing after school programs would be better protected under this ordinance. DISCUSSION: The Police Department and Traffic Engineering staff have been working with the local schools throughout Chula Vista for the past few years in an attempt to discourage illegal parking of, and sales from, vending vehicles in the area of our local schools. These vehicles, when parked in the immediate vicinity of a school, can create a traffic safety and traffic congestion problem for the motorist as well as for the children of our community, thereby creating an "attractive nuisance". Children crossing the street and parents double parking to take advantage of the services provided by these vending vehicles constitute an additional hazard in an area, and at a time of day, when these school zones are already experiencing a strain on the traffic system. 7-) ': Page 2, Item- Meeting Date 4/21/98 The current ordinance prohibits the vending vehicles from stopping or parking within 500 feet of any elementary school property boundary between the hours of 7:00 a.m. and 4:00 p.m. on regular school days. The ordinance then goes on to define elementary schools as, "all public or private schools in which instruction is given through grade 8 or in anyone of such grades, unless grades 7 and 8 attend a junior high school." This language has become outdated since schools which now contain grades 7 and 8 only are called "Middle Schools", and are no longer called Junior High Schools. In addition, many of the problems and complaints come from the areas surrounding the "Middle, Junior (grades 7, 8 and 9) and Senior or High Schools", which are not clearly addressed in this ordinance. The recommended changes in the language of the existing ordinance, which would allow for the restriction of vending vehicles in the area around all of the City's schools, have been reviewed by the Chula Vista Elementary School District, the Sweetwater Union High School District, the Chula Vista Safety Commission, Police Department and Traffic Engineering. Staff recommends that the Council enact the ordinance which amends section 8.20.025. The City Attorney has reviewed and approved as to form the proposed ordinance changes. The ordinance shall read as stated in the following strikeout version: Chapter 8.20 FOOD VENDORSs Sections: 8.20.010 Vending vehicles-Definitions. 8.20.020 Vending vehicles-For foodstuffs and ice cream-License tax required. 8.20.025 Vending vehicles-Restrictions near elelftelltary school facilities. 8.20.030 Vending vehicles-Parking and stopping regulations. 8.20.040 Vending vehicles-Compliance with certain regulations required. 8.20.025 Vending Vehicles-Restrictions near elelftentary school facilities. A. No person shall stop or park a food vending vehicle on a public street within 500 feet of any demt:fttary school property boundary in the City of Chula Vista between the hours of 7:00 a.m. and ~ ~;f.Jft p.m. on regular school days. B. "E1emelltary School" means all public or private schools in which instruction is given through grade 8 or in anyone or more of such grades, unless gl'ftdes 7 afl.d 8 atteoo a jöltÍor high school. (Ord 2122, 1985). 7--~ Page 3, Item- Meeting Date 4/21/98 FISCAL IMPACT: There is no fiscal impact related to the adoption of this ordinance. There should be no additional staff required to implement these changes. Instead, this is a tool to aid current staff in the enforcement of traffic congestion and safety issues around our schools. Attachments: Excerpt of Safety Commission Minutes, dated March 12, 1998. H:IHOMEIENGINEERI TRAFFICI VENDVEHI .DMW 7/3 ) ------- E X C E R P T --------- Safety Commission Minutes March 12, 1998 Page 9 location that is appropriate. Possibly installing the dots in the road before the painting actually goes in and give the residents a period of time if they need to call Engineering with questions. The City is stuck on how to control speed. Stop signs cannot be installed all over. Council has given staff direction on the installation of speed humps. If it workable with the residents, that is the direction Chair Liken would like to see. Regarding street closure, Chair Liken stated that it is as difficult as removing an existing stop sign. The removal of a stop sign, to his knowledge, has never been done. Street closure is almost as difficult. He would like to go with the center lining for that location. MOTION (liken/McAlister) - Double yellow centerline be installed from the intersection of Villa Hacienda, moving northward to the exit of the curve at the bottom of the hill to be determined by staff. Commissioner Miller asked if it should start on Otay Lakes and go double yellow all the way down? Mr. Leyva stated that the double yellow would begin from the existing double yellow north of the intersection and then continue through the second curve and soon as you get out of the second curve, it would stop. Chair Liken asked if that would be north of the intersection of Via Hacienda or north of the location at Otay Lakes? Mr. Leyva responded that it would be north of the intersection of Hacienda. There is a double yellow north of Otay Lakes, but it on Iy goes about 100-125 feet. The sl ide presentation was viewed. AMENDED MOTION - MSUC (liken/ McAlister) - Staff install a double yellow line the appropriate distance leading into the intersection of Via Hacienda Drive on Canyon Drive and extend north through the curved portion of the roadway and exit the curve to the curved tangent; staff do their traffic engineering study with the ballbank indicator to determine what a safe speed for the curves are and appropriately post the curves with the yellow warning signs; and also install the double yellow lines the appropriate distance on Canyon Drive at the intersection of Cumbre View. Motion carried 6-0-1, Hoke abstained. 7. Reoort on Amendin!! Section 8.20.025 of the Chula Vista Municinal Code Relating to Vendin!! Vehicles - Restrictions Near Elementarv School Facilities Chair Liken asked staff if there were any additions to the printed report. Commissioner Miller was concerned about the 4:00 time. Feaster Elementary will be going until 4:30. She questioned if it was possible to extend that to 5:00 p.m. Mr. AI-Ghafry responded there would be no problem extending that. MSUC (Miller/Acton) - Accept staff's report, but changing 4:00 p.m. to 5:00 p.m. Motion carried 7-0. 9. Reoort on Revisions to the All-Way Stop Policy Mr. Leyva stated he m"et with the Deputy Public Works Director/City Engineer and has made some progress. More points were added for the pedestrian portion. They are still at odds over the thresholds, however, it is leaning toward a higher point threshold. They are very close to a final recommendation. Chair Liken stated that whatever the current ratio is, he will not support that ratio going any higher, making it more difficult. At least the same ratio has to be kept, even though it is easier by stating that if 100% of one item is met that would trigger an automatic approval to it, the ratio needs to be kept at the current level, if not lower. 10. Action Summary Update/Staff Comments Mr. Leyva summarized: - The bike lanes have been marked out, they are close to being completed. , - The Request on All-Way Stop has been discussed with the Director and City Engineer. There will be a conclusion after the All-Way Stop is adopted. 7~ I UNO'PICIAL MINUTES ~ \ ORDINANCE NO. .:{ 7:¿C¡ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.20.025 OF THE CHULA VISTA MUNICIPAL CODE RELATED TO VENDING VEHICLES - RESTRICTIONS NEAR ELEMENTARY SCHOOL FACILITIES The City Council of the city of Chula vista does hereby ordain as follows: SECTION I: That Section 8.20.025 of the Chula vista Municipal Code is hereby amended to read as follows: Chapter 8.20 FOOD VENDORS5 sections: 8.20.010 Vending vehicles-Definitions. 8.20.020 Vending vehicles-For foodstuffs and ice cream-License tax required. 8.20.025 Vending vehicles-Restrictions near elomeBtary school facilities. 8.20.030 Vending vehicles-parking and stopping regulations. 8.20.040 Vending vehicles-Compliance with certain regulations required. 8.20.025 vending Vehicles-Restrictions near olemeBtary school facilities. A. No person shall stop or park a food vending vehicle on a public street within 500 feet of any clcmcntary school property boundary in th~~<::i ty of Chula vista between the hours of 7: 00 a.m. and 4+e-G ~:~:::~! p.m. on regular school days. B. "Elcmcntary School" means all public or private schools in which instruction is given through grade 8- :::::::::11':,: or in any one or more of such grades , unlcDD gradcD 7ririd8 attcnd a junior high Dchool . SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by John P. Lippitt, Director of Public Works c: \ 01'\ 820025 7~~ I COUNCIL AGENDA STATEMENT Item ({ Meeting Date 4/21/98 ITEM TITLE: Ordinance J.. 7 J t7 enacting the City of Chula Vista Community Facilities District Ordinance SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager-.JL1 ~ ----" (4/5ths Vote: Yes_NoX) The City is currently conducting proceedings or the formation of a Community Facilities District (CFD), pursuant to the "Mello-Roos Community Facilities Act of 1982" ("Mello-Roos Act"), to finance the operation and maintenance of the proposed Otay Ranch SPA One Open Space Maintenance District, the Otay Ranch Preserve Maintenance District and the Sunbow II Open Space District. The proposed ordinance will enable the City, as a Charter City, to adopt the Mello-Roos Act with modifications to accomplish the following: 1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act" (i.e., monitoring activities on privately owned parcels within the Otay Ranch Preserve, and maintenance of pedestrian bridges and community gardens proposed in Otay Ranch SPA One), and 3) establish an operating reserve fund for open space districts. RECOMMENDATION: That Council place the proposed ordinance on first reading. BOARDS/COMMISSIONS RECOMMENDATION: DISCUSSION: On June 3, 1997, Council considered several alternatives ("1972 Landscaping & Lighting Act", CFDs, and Homeowner's Association) for funding the operation and maintenance of public landscaping improvements. In the past, "1972 Act" Assessment Districts have been used to provide that funding. At that meeting, because of the impacts of Proposition 218 on the" 1972 Act" districts, Council directed staff to utilize CFDs as the preferred public financing mechanism for the on-going operation and maintenance of public landscaping improvements if a homeowners association could not be formed. On January 13, 1998, Council adopted the "City of Chula Vista statement of goals and policies regarding the establishment of Community Facilities Districts". The approval of this document ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services, including services provided by open space districts. At the request of the Otay Ranch Company and McMillin Otay Ranch, the City is currently conducting proceedings for the formation of two Community Facilities Districts (CFD) to finance the operation and maintenance of (1) the Otay Ranch Preserve Maintenance District and (2) the Otay Ranch SPA One Open Space Maintenance District. The City has retained the firm of Brown, Diven, Hessell & Brewer as legal counsel and Berryman & Henigar as special tax consultant to provide ?/j Page 2, Item - Meeting Date: 4/21/98 assistance during the proceedings. The developers of Sunbow II have also requested the formation of a Community Facilities District to finance the operation and maintenance of the Sunbow II Open Space District. The City is currently conducting proceedings for the formation of this district and has retained the firms of Brown, Diven, Hessell & Brewer as legal counsel and Dick Jacobs & Associates as special tax consultant. Otay Ranch SPA One Open Space Maintenance District This district would fund the operation and maintenance of the proposed public landscaping improvements (i.e., open space lots, medians, parkways, pedestrian bridges, drainage channels, etc.) to be installed within the Otay Ranch SPA One. The district boundary includes all parcels located within the Otay Ranch Company and McMillin Otay Ranch ownerships (See Attachment "A"). Otay Ranch Preserve Maintenance District An important goal of the Otay Ranch Project is the establishment of a permanent preserve to protect and enhance biological, paleontological, cultural and scenic resources, maintain biological diversity, and promote the survival and recovery of native species and habitats. At Otay Ranch build out a total of 11,375 acres would be dedicated as permanent preserve (Attachment "B"). It is anticipated that approximately 2,700 acres of the preserve would be under City of Chula Vista jurisdiction, 8,300 acres would be under County of San Diego jurisdiction, and the remainder within the City of San Diego boundaries. The management of the preserve will be the joint responsibility of the County and the City of Chula Vista. Both jurisdictions will act as the Preserve Owner Manager (POM). The areas of the preserve which would be maintained by the proposed CFD would be dedicated incrementally as final maps are approved. The Resource Management Program (RMP) Phase II approved by the City and the County dictates that the following activities must be performed to effectively manage and maintain the preserve: * Implementation of an annual biota monitoring program to be performed over the entire area of the preserve (11,375 acres). This program shall identify changes in quality and quantity of onsite biological resources, including sensitive wildlife species, sensitive plant species, and sensitive habitat types. It is anticipated that the monitoring program will be implemented throughout the estimated 30-year build out of the Otay Ranch. * Maintenance of the areas already conveyed to the preserve at final map approval. The maintenance activities are directed to protect, maintain, and enhance the natural resources in perpetuity. Sunbow II Open Space Maintenance District This district would fund the operation and maintenance of the proposed public landscaping improvements (i.e., open space lots, medians, parkways, drainage channels, etc.) to be installed within Sunbow II (See Attachment "C"). Community Facilities District Ordinance Because the Otay Ranch Preserve will be dedicated incrementally as final maps are approved, the ~-;¿ Page 3, Item - Meeting Date: 4/21/98 monitoring would have to be initially performed over private properties not yet dedicated to the City or County. The legal counsel, Brown, Diven, Hessell & Brewer has indicated that the performance of said services on private lands is not covered in the "Mello-Roos Act"and recommended that Council enact the proposed ordinance (Attachment "D") that will include those activities as an eligible service. Maintenance services, which would be performed on areas already conveyed to the City or County, are covered by the Act. The conditions of approval of the tentative maps for the Otay Ranch SPA One require that in addition to maintaining the typical landscaping improvements, the district also provide alternative funding for the maintenance of the community gardens and the three pedestrian bridges to be constructed within Otay Ranch SPA One. The proposed ordinance will include those activities as eligible services. The proposed ordinance also provides that the developer shall maintain the landscaping improvements for a minimum period of one year or until accepted into a community facilities district by the Director of Parks and Recreation. The special tax would be collected during such period with the purpose of providing an operating reserve, not to exceed 100% of the annual budget, which may be used to provide the necessary revenue for the first six (6) months of each fiscal year and to pay for extraordinary expenses. The ordinance also provides that the district annual budget for any fiscal year, may include an operating reserve of 10% of the annual budget which shall be used to replenish the reserve fund to an amount not to exceed 100% of such annual budget. This requirement is consistent with Section 17.07.030 of the Municipal Code, which requires a reserve fund for existing open space districts formed pursuant to the "Landscaping and Lighting Act of 1972", Future Actions * Staff anticipates bringing before Council, by mid May 1998, the approval of the resolution of intention for the formation of the Otay Ranch Preserve Maintenance District and the Otay Ranch SPA One Open Space Maintenance District. The formation of both districts is scheduled for early June 1998. * The resolution of intention for the Sunbow II Open Space District is scheduled to be before Council by mid-May 1998. The district formation is anticipated for late June 1998. FISCAL IMP ACT: The developers will pay all cost associated with the formation of the district. The City will receive the benefit of full cost recovery for staff cost (estimated at approximately $10,000 per district). Attachments: A - Otay Ranch SPA One B - Otay Ranch Preserve C - Sunbow II April 10, 1998 H:\HOME\ENGINEER\AGENDA \CFDORD3.LOT 8:3 çr MEMORANDUM April 21, 1998 To: Honorable Mayor and City Council Via: ~ City Manager o.¡ Vt?- From: Director of Public Works ~ Subject: Agenda Item Number 8 - Community Facilities District Ordinance Agenda Statement Attached is a copy of page 3 of the subject Agenda Statement which indicates in strikeout fashion one change that needs to be called to your attention. During the preparation of the ordinance and agenda statement it was determined that the initial approach of limiting the annual budget to an operating reserve component of only 10% to replenish the reserve fund would not work. The reserve fund itself may vary from a minimum of 50% to fund the first part of the year until proerty tax collections come in to an overall maximum of 100 % . The ordinance was changed to reflect the proposal that the annual budget may include a full reserve fund component. Limiting the collection to only a 10% component of the reserve fund could create the condition where the reserve fund would be decreasing and drop below the minimum of 50% of the annual budget. Unfortunately, the agenda statement was not changed to reflect this change in the ordinance. H: \SHARED\EN GIN EER \CFDO RD3A. CLS 8-,/ Page 3, Item ? Meeting Date: 4/21/98 or County. The legal counsel, Brown, Diven, Hessell & Brewer has indicated that the perfonnance of said services on private lands is not covered in the "Mello-Roos Act"and recommended that Council enact the proposed ordinance (Attachment "D") that will include those activities as an eligible service. Maintenance services, which would be perfonned on areas already conveyed to the City or County, are covered by the Act. The conditions of approval of the tentative maps for the Otay Ranch SPA One require that in addition to maintaining the typical landscaping improvements, the district also provide alternative funding for the maintenance of the community gardens and the three pedestrian bridges to be constructed within Otay Ranch SPA One. The proposed ordinance will include those activities as eligible services. The proposed ordinance also provides that the developer shall maintain the landscaping improvements for a minimum period of one year or until accepted into a community facilities district by the Director of Parks and Recreation. The special tax would be collected during such period with the purpose of providing an operating reserve, not to exceed 100% of the annual budget, which may be used to provide the necessary revenue for the fIrst six (6) months of each fiscal year and to pay for extraordinary expenses. The ordinance also provides that the district annual budget for any fiscal year, may include an operating reserve of 10% of the mml:1ftl budget which shall be used to replenish the reserve fund to an amount not to exceed 1 00% of such annual budget. This requirement is consistent with Section 17.07.030 of the Municipal Code, which requires a reserve fund for existing open space districts fonned pursuant to the "Landscaping and Lighting Act of 1972". Future Actions * Staff anticipates bringing before Council, by mid May 1998, the approval of the resolution of intention for the fonnation of the Otay Ranch Preserve Maintenance District and the Otay Ranch SP A One Open Space Maintenance District. The fonnation of both districts is scheduled for early June 1998. * The resolution of intention for the Sunbow II Open Space District is scheduled to be before Council by mid-May 1998. The district fonnation is anticipated for late June 1998. FISCAL IMPACT: The developers will pay all cost associated with the formation of the district. The City will receive the benefit of full cost recovery for staff cost (estimated at approximately $10,000 per district). Attachments: A - Otay Ranch SPA One B - Otay Ranch Preserve C - Sunbow II April 21, 1998 H :\HOME\ENGINEER \AGENDA \CFDORD3 .LDT g-!3 Q) ~ > ~ L.I.. ~. 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I I L 'I .1 ORDINANCE NO. :¿7.JO AN ORDINANCE OF THE CITY OF CHULA VISTA ENACTING THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT ORDINANCE WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and charter city duly organized and existing under a freeholder's charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Constitution") and the Charter of the City (the "Charter"); and WHEREAS, the Mello-Roos Community Facilities Act of 1982, as amended (the "Mello- Roos Act"), provides the City with an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation; and WHEREAS, the Mello-Roos Act authorizes the establishment of a community facilities district to finance the maintenance of parks, parkways and open space but does not expressly authorize a community facilities district to finance habitat maintenance and the monitoring of biological resources and certain maintenance and services authorized to be financed through the Landscaping and Lighting Act of 1972; and WHEREAS, the City Council of the City, acting under and pursuant to the powers reserved to the City under Sections 3, 5 and 7 of the Constitution and the Charter, finds that the public interest and necessity require the enactment of this ordinance to authorize, and establish the authorization and procedure for, the formation of community facilities districts by the City to finance such additional public services not authorized by the Mello-Roos Act as the City Council may deem necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. Declaration of Policy. It is hereby declared to be the policy of the City to permit the financing of public services pursuant to the authorization and procedure set forth in this Ordinance as well as by any other method permitted by law. This ordinance is enacted pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution and under the Charter. SECTION 2. Short Title. This Ordinance shall be known as and may be cited as the "City of Chula Vista Community Facilities District Ordinance. " SECTION 3. Authority and Procedure. Whenever the public interest and necessity so require, the City Council of the City may, acting under and pursuant to this Ordinance, establish a community facilities district as provided for in the Mello- Roos Act. Except as otherwise 1 y-9 provided in the Ordinance, the provisions of the Mello- Roos Act, now in effect or as such act may be amended from time to time, are hereby incorporated in this Ordinance by this reference and made a part hereof. SECTION 4. Provisions Not Exclusive. This provisions of this Ordinance are not exclusive. The power and authority conferred upon the City Council by the provisions of this Ordinance are in addition to and supplemental to the powers conferred by the Charter, any other ordinance of the City or law. Additionally, the City Council may elect to follow the procedures now or hereafter provided by general law, including without limitation, the Mello-Roos Act; provided, however, that whenever the City is acting pursuant to this Ordinance the provisions of this Ordinance shall be controlling to the extent that they are in conflict with any of the provisions of such general law. SECTION 5. Amendments to Mello-Roos Act. A. The services authorized to be financed pursuant to Government Code Section 53313 are hereby amended to add and include:: 1. The maintenance, operation and management of public property in which the City of Chula Vista has a property interest in or private property that is required to be dedicated or maintained as open space or for habitat preservation or both. Such property may be located outside the boundaries of the applicable community facilities district and outside the jurisdictional boundaries of the City. Such maintenance, operation and management shall mean the furnishing of services and materials for the ordinary and usual maintenance, operation and management of any open space or habitat area as may be required by the City or other public agency charged with the responsibility to maintain, operate or manage any such area. Such services may include but shall not be limited to the following: (a) Repair, removal or replacement of any improvement, structure or facility necessary or convenient to the maintenance, operation or management of the open space or habitat area; (b) Providing for the life, growth, health, and beauty of habitat, including cultivation, irrigation, trimming, spraying, fertilizing, or treating of disease or injury; (c) The removal to trimmings, rubbish, debris, and other solid waste; (d) The operation and management of open space and natural habitat, including biological monitoring and evaluation of collected data; (e) The conduct of biological activities necessary to sustain the species being protected; and 2 !r r- /¿;) / (1) The operation and maintenance of pedestrian bridges and community gardens within or appurtenant to such open space or habitat area(s). 2. The maintenance and/or servicing of "improvements" as such term is defined in Streets and Highways Code Section 22525. In addition to those improvements identified in Streets and Highways Code Section 22525, the term "improvements" shall also include pedestrian bridges. For purposes of this paragraph 2, the term "maintenance" shall have the meaning given such term in Streets and Highways Code Section 22531 and the term "servicing" shall have the meaning given such term in Streets and Highways Code Section 22538. All terms contained in Streets and Highways Code Sections 22531 and 22538 which are defined in Article 2 of Chapter 1, Part 2, Division 15 of the Streets and Highways Code shall have the meaning given to such terms in such code. B. Any community facilities district established for one or more of the purposes authorized in Government Code Section 53313 or in paragraphs A.I. or A.2. above may establish maintenance or service zones or areas within such district to facilitate the provision and administration of such services. C. At the time a community facilities district is formed to provide any of the services authorized pursuant to paragraphs A.I. or A.2. above or territory is annexed to an existing community facilities district which was formed to provide any of the services authorized pursuant to paragraphs A.I. or A.2. above, the owner or developer of the property within such newly formed community facilities district or the territory annexed to an existing community facilities district shall be responsible for providing such services or causing such services to be provided for a minimum period of one year from the date of formation of such community facilities district or the date of annexation of such territory to an existing community facilities district, respectively, or if required by the City Manager, until such later time as the open space or habitat area and/or the improvements which are to be financed from special taxes to be levied within such newly formed community facilities district or such territory annexed to an existing community facilities district are accepted by the City Manager or his or her designee. For each community facilities district formed to provide any of the services authorized pursuant to paragraphs A.I. or A.2. above, there shall be established and maintained an operating reserve fund in an amount not to exceed one hundred percent (100%) of the annual maintenance, operations and management budget for each such community facilities district for any fiscal year. The rate and method of apportionment of the special tax for any such community facilities district shall provide that the special tax may be levied on all taxable property within the community facilities district prior to the acceptance by the City or other public entity for operation, maintenance and management of the open space or habitat areas and/or improvements to be operated, maintained and managed from the proceeds of the special taxes in order to initially fund the operating reserve fund at an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations and management budget for the first fiscal year following acceptance of such areas or improvements. If the areas and/or improvements are to be accepted incrementally, the operating reserve fund shall be initially funded incrementally in 3 g~1J an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations and management budget for the first fiscal year following acceptance of such increment of the areas and/or improvements. A precondition to the acceptance of any open space or habitat area and/or improvements by the City or another public entity for operation, maintenance and management shall be that the operating reserve fund for such area or improvements must have been funded at an amount equal to one hundred percent (100%) of the annual budget for the operation, maintenance and management of such area and/or improvements for the fiscal year following the acceptance thereof (the "Reserve Fund Requirement"). The rate and method of apportionment of the special tax shall further provide that following acceptance of the areas and/or improvements or any increment thereof the proceeds of the annual special tax levy may be used to replenish the operating reserve fund to the Reserve Fund Requirement provided that the annual special tax levy shall not exceed the authorized maximum special tax for such fiscal year. Such operating reserve shall be maintained for and may be used to provide necessary operating revenue for the first six (6) months of each fiscal year and to pay for extraordinary unbudgeted expenses occurring during any fiscal year. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force on the thirtieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City as required by law. Presented by: Approved as to form by: CL.- 'I'\Ât <t<~ ~ Y\. , John P. Lippitt John M. Kaheny Director of Public Works City Attorney 4 ()~/2 COUNCIL AGENDA STATEMENT 9 Item Meeting Date April 21. 1998 ITEM TITLE: Resolution I Y1f~ending the Budget to Include Contract Labor Negotiation Services and Appropriating $10,000 from the Unappropriated Balance o~eneral Fund Reserve. REVIEWED BY: City Manager J~ Z' '-"'" (4ISths Vote: YesX No-1 SUMMARY: The City will be conducting labor negotiations with the POA. In the past, the City has generally used in-house management staff to conduct negotiations, with a senior staff member as the chief negotiator. RECOMMENDATION: That Council adopt Resolution authorizing the City Manager to enter into contract and appropriating $10,000 for labor negotiations services. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The recommendation to hire a professional negotiator for upcoming negotiations with POA is based on several factors: 1. Because of recent budget cutbacks, staff no longer has the time (potentially a two month period) to conduct these negotiations without dropping other top priority projects such as Metro Sewer issues, Computer Aided Dispatch, the trash agreement with the County and Utility Deregulation, just to name a few. 2. An outside negotiator would be viewed as "neutral" compared to potential staff negotiators and yet, at the same time, they would have experience negotiating with similar unions in other agencies. 3. An outside negotiator would add balance to the "table" since POA uses an attorney as chief negotiator. 4. It is anticipated that an outside negotiator could devote sufficient time to the process to conclude in a timely manner, thereby eliminating frustration tied to delays. FISCAL IMPACT: Fiscal impact will depend upon the number of hours spent in the negotiation process, however, the ultimate cost will not exceed the requested $10,000. ?-j RESOLUTION NO. / JY95'ð' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE BUDGET TO INCLUDE CONTRACT LABOR NEGOTIATIONS SERVICES AND APPROPRIATING $10,000 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND RESERVE WHEREAS, the City will soon be conducting labor negotiations with the Police Officers Association (POA); and WHEREAS, in the past, the City has generally used in- house management staff to conduct negotiations, with a senior staff member as the chief negotiator; and WHEREAS, based on the following factors, it is recommended that a professional negotiator be hired to conduct the upcoming negotiations with the peA: 1. Because of recent budget cutbacks, staff no longer has the time (potentially a two month period) to conduct these negotiations without dropping other top priority projects such as Metro Sewer issues, Computer Aided Dispatch, the trash agreement with the County and utility Deregulation. 2. An outside negotiator would be viewed as "neutral" since they would have no history with POA. Yet, at the same time, they would have experience negotiating with similar unions in other agencies. 3. An outside negotiator would add balance to the "table" since POA uses an attorney as chief negotiator. 4. It is anticipated that an outside negotiator could devote sufficient time to the process to conclude in a timely manner, thereby eliminating frustration tied to delays. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby amend the budget to include contract labor negotiations services and appropriate $10,000 from the unappropriated balance of the General Fund Reserve to Account 0730-5201. BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to enter into an agreement with the contract labor negotiator, in an amount not to exceed $10,000, on a form approved by the City Attorney, a copy of which shall be kept on file with the city Clerk as Document No. . Presented by Approved as to form by David D. Rowlands, Jr., City torney Manager 9-.2 COUNCIL AGENDA 8T A TEMENT Item /¿/ Meeting Date JMl2.1l9Il ITEM TITLE: RESOLUTION / Y 1 ¡ ¿; ADOPTING NEGATIVE DECLARATION IS-98-22 FOR THE CHUlA VISTA ANIMAL SHElTER SUBMITTED BY: Community Development Direc~ ' REVIEWED BY: City ManagerJ{q ~ ---?' (4/5ths Vote: Yes- Nol) BACKGROUND: On February 17, 1998 the City Council adopted Resolution 18904 approving Purchase and Sale Agreements for properties located at 110-130 Beyer Way and 1771 Fourth Avenue for the purposes of siting a new animal shelter (see locator map). That Agreement required that an environmental review of the site and proposed project in accordance with CEnA would be completed prior to close of escrow. RECOMMENDATION: That Council adopt a resolution adopting Negative Declaration IS.98.22 for the Chula Vista Animal Shelter. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The approximately 2.8 acre project site is located on the corner of Beyer Way and Fourth Avenue, in the southern, central area of the City of Chula Vista. Access to the site would be from Beyer Way and Fourth Avenue. Existing surrounding uses include a service station and commercial uses to the north, the Otay River and a sand and gravel mining operation to the south, a service station and auto repair/recycling operation to the east and warehouse and storage yard uses to the west. The project site is a level lot with no existing native vegetation. The site had been formerly developed with a service station and storage yard/auto recycling uses. The proposed project consists of an approximately 15,000 square foot building that will replace the existing Chula Vista Animal Shelter located on Otay Valley Road. The building will house a public reception area, animal receiving area, inspection rooms, kennels and animal clinic. The initial study conducted by the City of Chula Vista (including the attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEnA Guidelines. No public comments were received as a result of a 30-day public review period. The Negative Declaration reflects the independent judgement of the City of Chula Vista. FISCAL IMPACT: Adoption of the Negative Declaration would not result in any fiscal impact upon the City. (JM) H:\HOME\COMMOEV\STAFF.REP\O4-21.98\ANIMAl.IS [April 14, 1998 (4:32pm)] )f)~/ RESOLUTION NO. /sYfJ ¿;L/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-98-22 FOR THE CHULA VISTA ANIMAL SHELTER WHEREAS, the City of Chula Vista has negotiated the purchase of certain real property located at 110-130 Beyer Way and 1771 Fourth Avenue and has executed an agreement with the current owners of said land; and WHEREAS, the purpose of the property acquisition is to construct a new animal shelter facility to replace the existing facility; and WHEREAS, the acquisition of real property for a specified purpose is considered to be a project under the California Environmental Quality Act, requiring environmental review and documentation; and WHEREAS, the City of Chula Vista, using its independent judgement, has conducted an initial study for the project and, finding no significant impacts that would result from its implementation has issued a Negative Declaration, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt Negative Declaration IS-98-22 for the Chula Vista Animal Shelter. Presented by Approved as to form by ~LL~ Chris alomone ~ Director of Community Development [(JM) H:IHOMEICOMMDEVIRESOSIANIMAl.IS (April 14, 1998 (10:24am)] /¿!J-c2 A IT ACHMENT 1 LoeA TO R MAP ~~~ ~~~ ~~~~- CIlY OF CHUlA VI sf A Ani m a ISh e It e r commu;~;:=:pm.n' :~tŒfffŒ :~:mt:~:::::r~i -:-:-:-:-:-:-:-:-:-:-:-:-:-:-: ¡.I.I.I..lt.!,!III!!II! I¡¡[¡¡[I¡II:¡¡~¡:II¡.I Animal Shelter. Proposed Site 771 LEGEND I II Animal Shelter Parcels I I 110 Beyer Way , 0.27 acres r-----------~ Owner. Standard Plumbing ;:¡¡¡~l Residential Properties 130 Beyer Way 1.47 acres D ~N Owner. Standard Plumbing Light Industrial Properties 1771 Fourth Avenue E 1.10 acres Owner. Harold Dodd TOTAL: 2.84 ACRES S I - ( /¿J ~ IS-98-22: Chula Vista Animal Shelter Negative Declaration PROJECT NAME: Chula Vista Animal Shelter PROJECT LOCATION: 110 and 130 Beyer Way, 1771 Fourth Avenue ASSESSOR'S PARCEL NO.: 629-060-54, 55, 74 PROJECT APPLICANT: City of Chula Vista CASE NO: IS-98-22 DATE: March 10, 1998 A. Project Setting The approximately 2.8 acre project site is located on the corner of Beyer Road and Fourth Avenue, in the southern, central area of the City of Chula Vista. Access to the site would be from Beyer Way and Fourth Avenue. Existing surrounding uses include a service station and comercial uses to the north, the atay River and a sand and gravel mining operation to the south, a service station and auto repair/recycling operation to the east and warehouse and storage yard uses to the west. The project site is a level lot with no existing native vegetation. The site had been formerly developed with a service station and storage yard/auto recycling uses. B. Project Description The proposed project consists of an approximately 15,000 square foot building that will replace the existing Chula Vista Animal Shelter located on atay Valley Road. The buiding will house a public reception area, animal receiving area, inspection rooms, kennels and animal clinic. C. Compatibility with Zoning and Plans The project site has a General Plan designation of Research and Limited Industrial and zoning of Limited Industrial. The project is considered an unclassified use and would be a conditionally permitted use within existing planning designations. D. Identification of Environmental Effects An initial study conducted by the City of Chula Vista (including the attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. The attached Initial Study provides explanations for each of /?J-{ the checklist categories and their application to the proposed project, including areas identified as "no impact" and "less than significant impact". E. Mitigation necessary to avoid significant effects The proposed project will not result in any significant or potentially significant environmental impacts, therefore, no project specific mitigation is required. F. Consultation 1. Individuals and Organizations City of Chula Vista: Cliff Swanson, Engineering Garry Williams, Planning Department Ken Larsen, Director of Building & Housing Doug Perry, Fire Marshal Crime Prevention, MaryJane Diosdada Jess Valenzuela, Parks & Recreation Dept. Chula Vista City School District: Lowell Billings Sweetwater Union High School District: Andrew B. Campbell 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code 3. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~~ En nmental RevIew Coordmator ---- Jc1~~ ,,", I: ¡, \ Case No. IS-98-22 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula Vista 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5047 3. Address and Phone Number of Proponent: same 4. Name of Proposal: Chula Vista Animal Shelter 5. Date of Checklist: March 10, 1998 /V - ¿; H: \H 0 MEICO MMD EVIM 0 N A COIIS- 98- 22. CKL Page 1 Potentially Potentially Significant Les. than Significant Unle.. Significant No Impact Mitigated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or 0 0 181 0 zoning? b) Conflict with applicable environmental plans or 0 0 0 181 policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., 0 0 0 181 impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of 0 0 0 181 an established community (including a low- income or minority community)? Comments: The project is an unclassified use and would be conditionally permitted. The proposed use is consistent with surrounding land uses and land use designations. No environmental plans or policies exist in the project area that could be affected by the project. No agricultural activities exist on the project site. The project would not result in a disruption in the community. II. POPULATION AND HOUSING. Would the proposal: e) Cumulatively exceed official regional or local 0 0 0 181 population projections? f) Induce substantial growth in an area either 0 0 181 0 directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? g) Displace existing housing, especially affordable 0 0 0 181 housing? Comments: The project consists of urban infill development, and while it may economically facilitate future surrounding development, its impacts are not considered significantly growth-inducing. The project site does not contain any existing housing. II. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 181 0 geologic substructures? b) Disruptions, displacements, compaction or 0 0 181 0 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 181 features? d) The destruction, covering or modification of 0 0 0 181 any unique geologic or physical features? /tJ ,- ? H: \II a MEICO MM D EVIM ON A COIIS- 98- 22. CKL Page 2 Potentially Potentially Signifi<ant Le.. than Significant Unle.. Significant No Impact Mitigated Impact Impact e) Any increase in wind or water erosion of soils, 0 0 ~ 0 either on or off the site? f) Changes in deposition or erosion of beach 0 0 ~ 0 sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 0 ~ 0 hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: Grading of the project site will be required to accommodate building pads, outdoor use areas and parking. This will necessarily require some excavation and fill operations. However, since the project site is relatively level, only minor grading would be required and environmental impacts associated with such grading are considered less than significant. A site specific soils report will be required as a part of grading permit/building permit plan check process. III. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 0 ~ 0 or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 ~ hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 0 ~ of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 ~ water body? e) Changes in currents, or the course of direction 0 0 0 ~ of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 ~ through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 ~ groundwater? h) Impacts to groundwater quality? 0 0 0 ~ i) Alterations to the course or flow of flood 0 0 0 ~ waters? /j)" ~ H: IHO MEleo MMD EV\M 0 N A eo\ls- 98- 22. eKL Page 3 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact j) Substantial reduction in the amount of water 0 0 0 ~ otherwise available for public water supplies? Comments: Measures to avoid impacts associated with storm water runoff will be incorporated into the project as a part of standard grading plan and building plan review. These measures will include site specific drainage facilities to adequately convey anticipated runoff volumes. IV. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 ~ an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 ~ c) Alter air movement, moisture, or temperature, 0 0 0 ~ or cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 ~ e) Create a substantial increase in stationary or 0 0 ~ 0 non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: The project will increase traffic levels in the project area by approximately 120 Average Daily Trips (ADT). Vehicular emissions resulting from the project are not considered significant, either on an individual or cumulative basis. V. TRANSPORT A TION/CIRCULA TION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 ~ 0 b) Hazards to safety from design features (e.g., 0 0 0 ~ sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 ~ nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 ~ e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 ~ f) Conflicts with adopted policies supporting 0 0 0 ~ alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 181 h) A "large project" under the Congestion 0 0 0 ~ Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) H: \H 0 MEICO MMD E VIM 0 N A COli s- 98- 22. CKL It) -1 Page 4 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact Comments: As mentioned above, the project will increase traffic levels in the project area by approximately 120 Average Daily Trips (ADT). The impacts associated with this increase are not considered to be significant. The project will include street improvements to Beyer Way and Fourth A venue to ultimate standards. VI. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 0 181 concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 181 c) Locally designated natural communities (e.g, 0 0 0 181 oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 181 poo!)? e) Wildlife dispersal or migration corridors? 0 0 0 181 f) Affect regional habitat preservation planning 0 0 0 181 efforts? Comments: The project is proposed in an area previously entirely disturbed and graded. No impacts to biological resources would result from project implementation. VII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 181 plans? b) Use non-renewable resources in a wasteful and 0 0 0 181 inefficient manner? c) If the site is designated for mineral resource 0 0 0 181 protection, will this project impact this protection? Comments: The project would not use extraordinary amounts of energy or affect mineral resources. VIII. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 181 0 hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 181 response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 181 health hazard? H . IHO M E\CO MMD EV\M 0 NACO\! S- 98- 22. CKL /. -/0 Page 5 Potentially Potentially Significant Le.. than Significant Unle.. Significant No Impact Mitigated Impact Impact d) Exposure of people to existing sources of 0 0 181 0 potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 181 brush, grass, or trees? Comments: The project does not propose the use or storage of volatile and/or hazardous materials. No other potential health hazards would result from project implementation. The site was formerly occupied by a service station and auto dismantling use. An environmental assessment conducted on the property has indicated that no significant contamination issues remain from those uses. IX. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 0 181 0 b) Exposure of people to severe noise levels? 0 0 0 181 Comments: Implementation of the project would result in increased noise levels in the vicinity of the project site associated with animals and project-related traffic. Traffic noise would not result in a significant increase in noise levels in the project vicinity. Noise from animals in the shelter is not anticipated to result in increases in noise beyond the threshold levels in the City Noise Ordinance. No sensitive noise receptors exist in the project vicinity. Impacts associated with project-related noise are not considered to be significant. x. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? 0 0 0 181 b) Police protection? 0 0 0 181 c) Schools? 0 0 0 181 d) Maintenance of public facilities, including 0 0 0 181 roads? e) Other governmental services? 0 0 0 181 Comments: No new governmental services would be required to serve the project. H: \H 0 ME\CO MMD EVIM ON A COIIS-98- 22. CKL /£9--// Page 6 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact XI. Thresholds. Will the proposal adversely impact the 0 0 0 ~ City's Threshold Standards? As described below, the proposed project does not adversely impact any of the seen Threshold Standards. a) FireÆMS The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is 1 to 1.5 miles away and would be associated with a 7 minute or less response time. The proposed project will comply with this Threshold Standard. Comments: The Fire Department has indicated that adequate fire service can be provided to the project. b) Police The Threshold Standards require that police units must respond to 84% of Priority I calls within 7 minutes or less and maintain an average response time to all Priority I calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. Current average response times for Priority 2 call exceeds the recommended response time by 25 seconds. Comments: The Police Department has indicated that security recommendations should be incorporated into building design to improve safety for the project. c) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. The proposed project will comply with this Threshold Standard. Comments: The 120 additional trips generated by the project, would not cause Level of Service on local roadways or intersections to fall below LOS "C". d) ParkslRecreation The Threshold Standard for Parks and Recreation is 3 acres/l ,000 population. The proposed project will comply with this Threshold Standard. Comments: The project will not create any new demand for park or recreation facilities or services. H: \H 0 M E\CO MMD EV\M 0 NACO\! S- 98- 22. CKL /¿!J --/~ Page 7 Potentially Potentially Significant Le.. than Significant Unle.. Significant No Impact Mitigated Impact Impact e) Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The project will be required to install all necessary drainage facilities to adequately convey runoff consistent with City Engineering Standards. f) Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: Adequate sewer capacity exists to serve the proposed project. A sewer lateral is proposed to be constructed as a part of the project, to connect to the main in Fourth A venue. g) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: Application of required water conservation devices or fee offset will reduce the project's impact to a less than significant level. XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 181 b) Communications systems? 0 0 0 181 c) Local or regional water treatment or distribution 0 0 0 181 facilities? d) Sewer or septic tanks? 0 0 0 181 e) Storm water drainage? D D D 181 f) Solid waste disposal? 0 0 0 181 Comments: Extension of facilities to serve the project will be required. Existing infrastructure adequate to serve the project's needs exist on adjacent properties. H: \H 0 ME\CO MMD EVIM 0 N A COlI S- 98- 22. CKL /ß~/;S Page 8 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact XIII. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 ~ public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 181 scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 181 d) Create added light or glare sources that could 0 0 181 0 increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spill light? 0 0 181 0 Comments: The project will result in construction of a single-story building and parking areas. The project will be subject to design review. Due to the location, nature and size of the proposed project, and application of the design review process, the project is not anticipated to result in any significant impacts to visual resources or to produce any significant adverse light and glare impacts. XIV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or 0 0 0 181 the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 181 aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 181 physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 0 0 181 sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 181 0 EIR as an area of high potential for archeological resources? Comments: The project site is highly disturbed, graded and surrounded by development. No impacts to cultural resources would result from project implementation. H: \H 0 MEICO MM 0 E VIM 0 N A COlI S- 98- 22. CKL /¡J}-/ Page 9 Potentially Potentially Significant Les, than Significant Unle.. Significant No Impact Mitigated Impact Impact XV. PALEONTOLOGICAL RESOURCES. Will the 0 0 181 0 proposal result in the alteration of or the destruction of paleontological resources? Comments: No known paleontological resources exist on the site. The project would not result in any significant impacts to paleontological resources. XVI. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 181 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 181 c) Interfere with recreation parks & recreation 0 0 0 181 plans or programs? Comments: The project would not create any demand for parks or recreational facilities, nor would it impact any existing park/recreation plans. XVII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade 0 0 0 181 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: None of the impacts resulting from the project are not considered significant and the project as a whole would not degrade the environment or substantially affect any biological habitats or cultural resources. b) Does the project have the potential to achieve 0 0 0 181 short-term, to the disadvantage of long-term, environmental goals? Comments: The scope and nature of the project would not result in the curtailment of any long-term environmental goals. H. \H 0 MEICO MMD EVIM 0 N A COlI s- 98 - 22. CKL /ý., /, Page 10 f Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact C) Does the project have impacts that are 0 0 181 0 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: No cumulative effects would result from this project. d) Does the project have environmental effect 0 0 0 181 which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The project is not of sufficient size or scope to cause any such impacts. H: IH 0 M EICO MMD EVIM 0 N A COlI S- 98- 22, CKL r¿)-/? Page 11 .' /' ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 population and Housing 0 Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources 0 Air Quality 0 Noise 0 Recreation 0 Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and . a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, 0 there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least 0 one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Ø/~ ~/? ~/9ð Date Joseph Monaco, AICP Environmental Projects Manager City of Chula Vista H:\HOME\COMMD EVIMON ACO\lS-98- 22. CKL /¿J-17 Page 12 COUNCIL AGENDA STATEMENT Item II Meeting Date 04-21-98 ITEM TITLE: RESOLUTION //)9 t / APPROVING A COMPREHENSIVE RELOCATION AND PROPERTY SETTLEMENT AGREEMENT WITH VALENCIA DIESEL TRUCK REPAIR AT 3554 MAIN STREET AND APPROVING PAYMENT AMOUNT OF $20,197 AS SETTLEMENT THEREOF FROM THE OTAY RECREATION CENTER CIP PROJECT (#PR 133) SUBMITTED BY: Community Development Di~' REVIEWED BY: City Manager J~ ~ (415"'s Vote: Yes- Mo...x) BACKGROUND: On October 21, 199, e ~ Council and Redevelopment Agency approved Purchase and Sale Agreements with the property owners of 3554 Main Street for purposes of siting the Otay Recreation Center project. As part of that transaction, it was indicated that the City would be responsible for relocating the existing tenant on the site, Valencia Diesel Truck Repair. Valencia Diesel occupies the eastern portion of the site on a month to month lease arrangement. Ryals and Associates, the City's contracted relocation consultant, has assisted Mr. Valencia in his search for a new location and advised him of his entitlement to relocation benefits pursuant to the Uniform Relocation Assistance Act and the Southwest Redevelopment Plan. Mr. Valencia is also entitled to compensation for the improvements he installed and will subsequently abandon on the site. The Comprehensive Relocation and Property Settlement Agreement as presented for approval, has been prepared and approved by the City Attorney's office, and incorporates the compensation he is entitled to under the Relocation Assistance Act and the property improvements to be abandoned. RECOMMENDATION: It is recommended that the City Council adopt the resolution which approves the Comprehensive Relocation and Property Settlement Agreement with Javier Valencia, Valencia Diesel Truck Repair, and authorizes the payment of $20,197 as settlement thereof for the improvements installed and to be abandoned on the site. BOARDS/COMMISSIONS RECOMMENDATION: NI A DISCUSSION: The appraisal used to negotiate the property acquisition concluded that the value of the improvements was $22,000 as determined by the "depreciated cost approach". As you may recall, the total value of the property was set at $410,000 with $388,000 for the land and $22,000 for the improvements. All but a small amount of fencing on the western portion of the site was installed by Mr. Valencia when he moved there approximately thirteen (13) years ago. The property owners concur that Mr. Valencia installed the improvements (with the noted exception) and therefore understand that he is entitled //-/ Page 2. Item - Meeting Date 04-21-98 to the improvement value as part of the approved property transaction. Mr. Valencia concurs with the value established and has agreed to all terms and conditions of the agreement. The improvement values to be paid to Mr. Valencia are as follows: 1. 7,700 sq.ft. of paving $ 6,930 2. Garage shed 7,867 3. Corrugated Metal Fencing 5.400 TOTAL $20,197 Mr. Valencia was also entitled to compensation for relocation. He was advised in writing of his entitlement by letter of January 15, 1998 (included as Attachment 1) from the relocation consultant. After further consultation, he elected to receive a lump sum payment "in-lieu" of actual moving and reasonable reo establishment expenses. As such, a claim was submitted and processed administratively for $8,781.24 utilizing budgeted funds for that purpose in the Otay Recreation Center CIP project. The proposed agreement incorporates both the relocation claim ($8,781.24) and the property settlement compensation ($20,197) and protects the City from any future claims of any kind by Mr. Valencia. By the virtue of his approval, Mr. Valencia agrees that he has settled all claims with respect to this transaction including, but not limited to, fixtures and equipment and loss of goodwill. Mr. Valencia has selected a site at 876 Ada Street and is awaiting compensation for these improvements so he can close escrow. Staff is pleased that he was able to find a suitable location within the City of Chula Vista and therefore continue to operate his business in the community. Mr. Valencia hopes to close escrow on the property at 876 Ada Street by the end of the month. At that time, he plans to do some improvements before fully relocating to his new site by mid to late May. FISCAL IMPACT: Approval of the Agreement authorizes the payment in the amount of $20,197 to Mr. Valencia as compensation for the improvements he installed at the site and will be abandoning. The funds have been budgeted and are available in the Otay Recreation Center Project CIP (#PR 133). The abandoned improvements, should have scrap value that can be factored into the appropriate demolition and/or grading contract for the project. (lH) H:\HOME\COMMDEV\STAFF.REP\04-21.98\valencia [April 14, 1998 (4:45pm)] //"-2 RESOLUTION NO. /g1~J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COM PREHENSIVE RELOCATION AND PROPERTY SETTLEMENT AGREEMENT WITH VALENCIA DIESEL TRUCK REPAIR AT 3554 MAIN STREET AND APPROVING PAYMENT IN THE AMOUNT OF $20,197 AS SETTLEMENT THEREOF FROM THE OT A Y CENTER CIP PROJECT (#PR 133) WHEREAS, Valencia is the Lessee of a portion of certain real property located at 3554 Main street (APN 622-111-26), City of Chula Vista, California (the Premises"); and WHEREAS, pursuant to its lease of the Premises, Valencia owns and operates thereon a truck repair business; and WHEREAS, the City desires to acquire the subject property free and clear of Valencia's leasehold interest, and will require vacation of the Premises and displacement of the business; and WHEREAS, the City and Valencia desire to compromise and settle all claims with respect to such acquisition and relocation, including, but not limited to, fixtures and equipment, improvements pertaining to realty, leasehold interest value, interest, loss of goodwill, litigation expenses, attorney's fees, costs, and for all relocation assistance and benefits in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, BE IT RESOLVED the City of Chula Vista does hereby approve a comprehensive Relocation and Property Settlement Agreement with Valencia Diesel Truck Repair at 3554 Main Street and approve payment in the amount of $20,197 as settlement thereof from the Otay Center CIP Project (#PR 133). BE IT FURTHER RESOLVED, the Mayor is authorized and directed to execute the Agreement in substantially the formed presented, and staff is authorized and directed to take all necessary and appropriate measures to implement same. Presented by Approved as to form by ~ V~/ . Chris Salomone Director of Community Development ((LH) H:IHOMEICOMMDEVIRESOSIADA.ST (April 15, 1998 (11 :24am)] /J~3 ~~~ ~~-;; ,.., > ""'.' '" ~'-'-- --- --"""'"- (llY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT January 15, 1998 Mr. Javier Valencia Valencia Diesel Truck Repair 3554 Main Street Chula Vista, CA 91911 SUBJECT: NOTICE OF ELIGIBILITY FOR TIlE OTA Y GYMNASIUM PROJECT SAN DIEGO COUNTY ASSESSORS PARCEL NO. 622-111-26 Dear Mr. Valellcia, On July I, 1997, the City of Chula Vista made an offer to purchase all or a portion of the property which yuu occupy. As a potential eligible occupant of the property, you are entitled to certain \;en~fits under the City's Relocation Assistance Program. These benefits are outlined below. It is vitally important that you understand the conditions described below which must be met before any payments can be made. As occupant of the property, you Inay be entitled to: 1. RELOCATION ADVISORY ASSISTANCE; The City will help you find a new place to conduct your business or farm operation. lllfonnation on and maps of available properties, typical real estate purchase and rental costs, and the services offered by other agencies in the area are also available. If you want assistance, please contact me. Besides, as an eligible occupant of the property, you may be entitled to: 2. MOVING AND RELATED EXPENSES: Owners and tenants may be paid on the basis of actual reasonable moving costs and related costs as the City determines to be reasonable and necessary or, ullder certain circumstances, a fixed payment.. In addition, you may be eligible for reestablishment expenses. The follpwing moving expenses may be considered by the City. . a. Trat1sportalion of personal property: Will be limited to 50 miles or less. Distances beyond 50 miles are not eligible, unless the City determines that relocation beyond 50 miles is justified. b. Packing, crating, unpacking and uncrating personal property. c. Disconnecting, dismantling, removing, reassembling, and reinstalling machinery, equipment, and other personal property and certain substitute personal property. This includes connection to 1 //-f 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5047 utilities available nearby. It also includes modifications to personal property necessary to adapt the utilities at the replacement site, and modifications are necessary to adapt the utilities at the replacement site to the personal property. (Expenses for providing utilities from the right of way to the building or improvement are excluded). d. Storage of the personal property not to exceed 12 months, unless the City determines that a longer period is necessary. e. Insurance for the replacement value of property lost, stolen, or damaged in the connection with the move and necessary storage. f. Any license, permit, or certification required of your business or farm operation at the replacement location. However, the payment shall be based on the remaining useful life of your existing license, permit or certification. g. The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault of negligence of your own, your agent, or employee) where insurance covering such loss is not reasonably available. h. Professional services necessary for (i) planning the move of personal property, (ii) moving the personal property (iii) installing the relocated personal property at the replacement location. i. Relettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move. J. Actual direct loss of tangible personable property incurred as a result of moving or discontinuing the business or farm operation. The payment shall consist of the lessor of: (i) The fair market value of the item for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the City determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value shall be based on the cost of the goods to the business, not the selling price.); or (ii) The estimated cost of moving the item, but with no allowance for storage. (If the business or farm operation is discontinued, the estimated cost shall be based on a moving distance of 50 miles). k. The reasonable cost incurred in attempting to sell an item that is not to be relocated. 1. Purchase of substitute personal property. If an item of personal property which is used as a part of a business or farm operation is not moved but is promptly replaced with a substitute item that 2 ~ //~~ performs a comparable function at the replacement site, you will be entitled to payment for the lessor of: (i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from sale or trade-in of the replaced item; or (ii) The estimated cost of moving and reinstalling the replaced item, based on the lowest acceptable bid or estimate obtained by the City for eligible moving and related expenses, but with no allowance for storage. m. Searching for a replacement location: A displaced business or farm location is entitled to reimbursement for actual expenses, not to exceed $l,OOO, as the City determines reasonable, which are incuued in searching for a replacement location including: (i) Transportation. (ii) Meals and lodging away from home. (Hi) Time spent searching, based on reasonable salary or earnings. (iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site.. n. Other moving related expenses as the City determines to be reasonable and necessary. CAUTION: In order to qualify for reimbursement of the above described expenses, you MUST: A. Provide the City with a certified list or inventory of the items to be moved at least thirty (30) days in advance of the start of your move; B. Notify the City at least fifteen (15) days in advance of the start of your move or disposition of your property. C. Permit the City to monitor the move; and D. Permit the City to make reasonable and timely inspections of the personal property at both the displacement and replacement sites. Failure to comply with any of the above four (4) requirements may result in your losing part or all of your benefits. As a matter of information, you should also be aware that you are not entitle to payment, under relocation regulations, for: The cost of moving any structure or other real property improvement in which you reserved ownership; Interest on a loan to cover moving expenses; Loss of Goodwill; Loss of profits; Loss of trained employees; 3 //-? Personal injury; or Cost for storage of personal property on real property owned by or leased by the displaced person. You may move either by commercial mover or take full responsibility for all or part of the move. If you elect a "self- move", the Department must first obtain at least two (2) acceptable bids or estimates. AND 3. REESTABLISHMENT EXPENSES: In addition to the payments available above, a small business, farm or nonprofit organization may be eligible to receive a payment, not to exceed $10,000, for expenses actually occurred in relocating and reestablishing at a replacement site. Reestablishment expenses must be reasonable and necessary as determined by the City. a. Repairs or improvements to the replacement real property as required by Federal, State or local law, code or ordinance. b. Modification to replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. c. Construction and installation costs, not to exceed $1,500 for exterior signing to advertise the business. d. Provision of utilities from right of way to improvements on the replacement site. e. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling, or carpeting. f. Licenses, fees and permits when not paid as part of moving expenses. g. Feasibility surveys, soil testing and marketing studies. h. Advertisement of replacement location, not to exceed $1,500. 1. Professional services in connection with the purchase or lease of a replacement site. J. Estimated increased costs of operation the first two years at the replacement site, not to exceed $5,000, for such items as: 1) Lease or rental charges, 2) Personal or real property taxes, 3) Insurance premiums, 4) Utility charges, excluding impact fees. k. Impact fees or one time assessments for anticipated heavy utility usage. 1. Other items that the City considers essential to the reestablishment of the business. As a matter of information, you should be aware that you are not entitled 4 //~ :; to payment under establishment regulations for any of the following: * Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures. * Purchase of manufacturing material, production supplies, product inventory or other items used in the normal course of business operation. * Interior or exterior refurbishment at the replacement site which are purely aesthetic in purpose except as paid in "e." above. * Interest on money borrowed to make the move or purchase replacement property. * Payment to a part-time business in the home which does not contribute to the household income. OR 4. FIXED PAYMENT IN LIEU OF PAYMENT FOR ACTUAL MOVING AND RELATED EXPENSES AND REESTABLISHMENT EXPENSES: In lieu of a payment for actual moving and related expenses, you may elect to receive an amount equal to your business' or farm's recent average annual earnings in an amount not less that $1,000 nor more than $20,000. A displaced business is eligible for payment if the City determines that: 1) The business owns or rents personal property which must be moved in connection with such a move; and, the business vacates or relocates from its displacement site. 2) The business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). A business is assumed to meet this test unless the City determines that it will not suffer a substantial loss of its existing patronage. 3) The business is not part of a commercial enterprise having more than three entities which are not being acquired by the City, and are under the same ownership and engaged in the same or similar business activities. 4) The business is not operated at a displacement dwelling solely for the purpose of renting such to others. 5) The business is not operated at the displacement site solely for the purpose of renting the site to others. 6) The business contributed materially to the income of the displaced person during the two taxable years prior to displacement. If you lease or rent from the City, failure to pay necessary rental payments to the City may reduce the relocation payment which you receive. If you are refused a relocation payment by the City or believe the payment offered is not enough, you may appeal. No legal assistance is required. I will provide you with additional information about the appeal procedure if you desire. Moving and related payments are not considered income for the purposes of personal income tax laws. Furthermore, these payments are not considered income or resources to recipients or 5 //-6 public assistance. Relocation payments are normally made within sixty (60) days of the date that your completed claim is received by the City. Y ou will be ~iven at least 90 days written noti~before you wilLbe requireq to move ~ property. It is important that you understand the matters explained above which relate to your eligibility. If at any time you want assistance, please contact me by writing, telephoning, or visiting me at the address listed below. Sincerely, THE CITY OF CHULA VISTA æ~;l~~ ROLLIN R. LOJESKE CONTRACT RELOCATION AGENT ADDRESS: 4167 A VENIDA DE LA PLATA, SUITE 115 OCEANSIDE, CA 92056 PHONE: (760) 724-9794 6 ) /- f ACKNOWLEDGMENT I was personally contacted by the above Relocation Agent for the CITY OF CHULA VISTA, I have had the available services and entitlements explained to me, I have been advised that the CITY OF CHULA VISTA'S Relocation Agent will be available to assist if any questions arise or as assistance is needed, I have been given a copy of this letter, )/1/< A ¡ð' «j¿-t#1A"c'/(: Date J - Z() 1998 Javier Valencia C:\RY ALS\CHULA \ELIOffiLE.FRM 7 .' . ///' It? .. COMPREHENSIVE RELOCATION AND PROPERTY SETTLEMENT AGREEMENT THIS COMPREHENSIVE RELOCATION AND PROPERTY SETTLEMENT AGREEMENT (this "Agreement") is entered into and effective April 21, 1998, by and between JAVIER VALENCIA, an individual, dba Valencia Diesel Truck Repair, (hereinafter "VALENCIA") and CITY OF CHULA VISTA (hereinafter "City") with reference to the following facts: RECITALS A. VALENCIA is the Lessee of a portion of certain real property located at 3554 Main Street (APN 622-111-26), City of Chula Vista, California (the "Premises"). B. Pursuant to its lease of the Premises, VALENCIA owns and operates thereon a truck repair business. C. CITY desires to acquire the subject property free and clear of VALENCIA's leasehold interest, and will require vacation of the Premises and displacement of the business. D. CITY and VALENCIA desire to compromise and settle all claims with respect to such acquisition and relocation, including, but not limited to, fixtures and equipment, improvements pertaining to realty, leasehold interest value, interest, loss of goodwill, litigation expenses, attorney's fees, costs, and for all relocation assistance and benefits in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Obligations of VALENCIA. In consideration for the payments to be made by CITY to VALENCIA as set forth in Paragraph 2 below, VALENCIA agrees as follows: A. Settlement of All Claims. VALENCIA hereby waives, releases and forever relinquishes any right to receive or claim any compensation or payment of any kind with respect to the acquisition of VALENCIA's interest in the subject property, including but not limited to any of the following: (1) The relocation of the business, including any and all personal property, trade fixtures, equipment or other property located at the Premises, and any related relocation benefits. (2) Any loss of goo(jwill as a result of relocation of the business from the Premises, or the public project pursuant to which the relocation is required. (3) Any leasehold value which VALENCIA may have as a result of VALENCIA's leasehold interest in the Premises. (4) The value of any fixtures, equipment or personal property located at or about the Premises, or improvements pertaining to real property. 1 11-;/ (5) Interest, litigation expenses, attorney's fees and costs, and any and all other claims related to or arising from the termination of the leasehold interest and relocation of the business. B. Surrender of Possession. VALENCIA will vacate and surrender possession of the Premises to CITY on or before May 29, 1998. VALENCIA agrees to relocate its business operations to new business premises to be selected by VALENCIA, and shall at its own costs, except for the compensation expressly set forth below, pay all costs in connection with fixturizing and otherwise preparing the replacement premises for VALENCIA's business operations, and cause the relocation of the business and all property in connection therewith to the replacement premises. C. Removal of Personal Property. All personal property pertaining to the realty shall be removed by VALENCIA on or before May 29, 1998. Any items not removed shall be deemed abandoned and are subject to disposition at the sole discretion of CITY. D. Improvements. In consideration of the payments to VALENCIA set forth in Paragraph 2, below, CITY shall acquire all right, title and interest to the following real property improvements located on the Premises: (1) 7,700 square feet of paving. (2) Garage Shed. (3) Corrugated Metal Fencing. Such improvements shall remain on the Premises to be disposed of by CITY, for CITY's benefit, in a manner determined by CITY. VALENCIA shall be responsible for removal of any and all other improvements on the Premises at his sole cost. Any such items not removed shall be deemed abandoned and are subject to disposition at the sole discretion of CITY. 2. Obliaations of City. In consideration of VALENCIA's fulfillment of obligations set forth in Paragraph 1 above, CITY agrees as follows: A. Payment. CITY shall pay VALENCIA the total sum of $28,978.24 as full and complete compensation and settlement of any and all claims which VALENCIA has or could have had or assert in connection with the termination of VALENCIA's leasehold interest and the relocation of VALENCIA's business operations from the Premises in accordance with the Agreement. Of said sum, City has already paid VALENCIA $8,781.24 in accordance with that certain CITY OF CHULA VISTA, COMMUNITY DEVELOPMENT DEPARTMENT BUSINESS, FARM, OR NONPROFIT ORGANIZATION - REQUEST FOR DETERMINATION OF ENTITLEMENT FOR PAYMENT IN LIEU OF MOVING EXPENSE application and agreement executed by VALENCIA on February 27, 1998. The remaining balance of $20,197 shall be paid within eight (8) business days following CITY's approval of this Agreement per resolution of the City Council. Such amount shall be made by check payable to VALENCIA and C21 Champions Escrow Division ("Escrow Agent"). Escrow Agent shall be authorized and directed to use such proceeds for the acquisition of property located at 876 Ada Street, Chula Vista pursuant to Escrow No.1 077. 3. General Release and Waiver of Claims. VALENCIA hereby releases and forever discharges CITY, its agents, employees, affiliated and related entities whether public or private, successors, and assigns, and each of them, from any and all claims, demands, causes of action, obligations, damages and liabilities, whether or not known, suspected or claimed, which VALENCIA may have against or could claim against CITY, or any of the released parties by reason of (i) the relocation of the business operations from the Premises; (ii) the taking or damaging of any property 2 II -/;2- in any form relating to the Premises in which VALENCIA has an interest, including but not limited to any leasehold interest of VALENCIA in and to the Premises; (iii) any relocation benefits or assistance to which VALENCIA might have a claim in connection with relocation of its business; (iv) all claims which could be raised in an eminent domain proceeding relating to the Premises or any property interest of VALENCIA in connection therewith; (v) all claims for interest, litigation expenses, or attorney's fees and costs; (vi) claims for loss of goodwill, improvements pertaining to the Premises, fixtures, equipment, and any related items. 4. Hazardous Waste. Neither VALENCIA nor, to the best of VALENCIA's knowledge, any previous owner, tenant, occupant, or user of the Premises released, discharged, stored in any underground tanks, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about discharge, storage in underground tanks, or disposal of any Hazardous Materials on, under, in or about, the Premises. 5. Recresentations and Warranties. A. Authority. VALENCIA warrants and represents that (a) he is fully authorized to execute and perform his obligations under this Agreement on behalf of himself and Valencia Diesel Truck Repair, (b) no further action or approval is necessary for such authorization, and (c) upon his execution hereof, this Agreement shall be fully binding upon VALENCIA, and Valencia Diesel Truck repair, any successor thereto, and any other person or entity with a claim of right therein. B. Title to Imcrovements. VALENCIA represents and warrants that he has good and marketable title to the real property improvements to be acquired by CITY pursuant to Section 1.D hereof, and that such improvements shall be transferred without liens or encumbrances of any kind. C. Use of Proceeds for Acquisition of Relocation Site. VALENCIA represents and warrants that the amounts paid thereto by CITY hereunder shall be used for purposes of acquiring replacement property located at 876 Ada Street, Chula Vista for the operation of VALENCIA's diesel truck repair business. 6. Liquidated Damages. The parties acknowledge and agree that in the event VALENCIA violates its obligation to surrender the Premises under Section 1. B of this Agreement, CITY shall suffer damages; however, the amount of such damages shall be difficult to determine. Accordingly, the parties agree to liquidate such damages as follows: IF VALENCIA FAILS TO SURRENDER THE PREMISES BY MAY 29,1998 AS REQUIRED BY SECTION 1.B OF THIS AGREEMENT, VALENCIA AGREES TO PAY CITY THE AMOUNT OF $500 FOR EACH WEEK, OR PORTION THEREOF, BEYOND MAY 29th THAT VALENCIA REMAINS ON THE PREMISES. THE PARTIES AGREE THAT IT WILL BE EXTREMELY IMPRACTICAL OR DIFFICULT TO FIX ACTUAL DAMAGES UNDER SUCH CIRCUMSTANCES AND THAT THE FOREGOING AMOUNT IS A REASONABLE ESTIMATE OF THESE DAMAGES. CITY RETAINS THE RIGHT TO PURSUE SPECIFIC PERFORMANCE AS A REMEDY TO ENFORCE SECTION 1.B, BUT AGREES THAT ITS SOLE MONETARY REMEDY FOR VALENCIA'S VIOLATION OF SUCH SECTION SHALL BE THE AMOUNT PROVIDED HEREINABOVE. CITY'S INITIALS VALENCIA'S INITIALS 3 J j" );J 7. General Provisions. A. Entire Agreement. This Agreement constitutes and contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement. In addition, this Agreement supersedes and replaces any and all prior negotiations and any and all proposed agreements, whether written or oral, relating to the subject matter thereof. Each of the parties acknowledges that they have executed this Agreement in reliance only upon such promises, representations, and warranties as are expressly set forth herein. B. Amendments. Neither this Agreement nor any terms or provision thereof may be varied, modified, amended or eliminated except by the mutual consent of the parties hereto. C. Law. This Agreement shall be enforced, interpreted and construed in its entirety according to its fair and logical meaning, and in accordance with the laws of the State of California. D. Cooperation. Each party hereto agrees to execute such further papers or documents that shall be necessary or proper in order to fulfill the terms and conditions of this Agreement. E. Countercarts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original, and all of which together shall constitute one Agreement. F. Time. Time is of the essence with respect to any act or performance called for under the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first above written. CITY OF CHULA VISTA JAVIER VALENCIA, dba Valencia Diesel Truck Repair Shirley Horton, Mayor Javier Valencia ATTEST City Clerk Approved as to form by City Attorney H : \Home \CommDevlHaynes \Contract\V a lencia .Agr 4 /J~/( // COUNCIL AGENDA STATEMENT Item J~ Meeting Date 04/21/98 / ?f7¿'~ ITEM TITLE: RESOLUTION Approving a two-year extension with the Unisys Corporation for the maintenance of hardware and software for the Unisys mainframe computer. SUBMITTED BY: Director of Manag~d Information servicešf./ REVIEWED BY: CityManager,jGj ~ --z (4/5tbs Vote: Yes_N°-ÃJ In July of 1995, the City of Chula Vista entered into a three-year maintenance agreement with the Unisys Corporation for the maintenance of the City's Unisys V -430 mainframe computer. This three- year agreement expires on June 30, however the agreement gives the City the right to extend the contract for two additional years at the same terms and conditions. The existing contract includes features such as an annual rate cap and several performance thresholds which must be met by Unisys. RECOMMENDATION: That Council adopt the resolution approving the two-year extension of the maintenance agreement with Unisys Corporation. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The City of Chula Vista operates a Unisys mainframe computer to process many of the City's large computer applications such as Police and Fire dispatching, Payroll, Automated Accounting, Business License, Land Use Inventory, and others. The mainframe is running seven days per week and twenty- four hours per day and reliable maintenance is necessary to ensure that the system continues to function properly. While Police and Fire dispatching will be moved from the mainframe to the new CAD system this summer, the records management portion of these applications will continue to run on the mainframe after a new Police CAD system is installed. Also, since Council approved the contract with Bi-tech Corporation for a new financial system, the remaining applications will also be moved off of the mainframe in the next 18-24 months. At that time it is anticipated that the use of the mainframe will be discontinued, however until such time as all of the applications have been taken off of the mainframe, maintenance is a critical concern. In addition to supporting the above applications for the City of Chula Vista, the City's mainframe computer is used to process Payroll, Accounting, Business License, Land Use and other applications for the cities ofEl Cajon, Coronado, and Imperial Beach. The City receives over $100,000 annually from these other cities in return for providing computer support. The City is obligated to ensure that all of the above applications are processed in a timely manner. Since the Unisys mainframe, similar to most other manufacturer's mainframes, is a proprietary product, maintenance can only be performed by authorized personnel. Relatively few authorized technicians exist locally, therefore maintenance contracts are only offered by a limited number of vendors. /;¿-/ Page 2 Item Meeting Date 04/21/98 Since the V -Series of mainftames are no longer being manufactured, Unisys is the only corporation that maintains any inventory of V -430 spare parts to provide the City with an acceptable level of protection. In addition, software maintenance is only offered by U nisys since it is a proprietary product. Software maintenance is included in the Unisys maintenance contract. In 1995, staff negotiated very favorable terms and conditions in the contract with Unisys including a rate cap and performance standards. In addition, the City had the option of renewing the contract for an additional two years under the same terms and conditions. The Unisys mainftame is currently in its eighth year of operation, a long time for a mainftame. Generally, the older the machine, the more expensive it is to maintain and our system is no different. Since staff negotiated a rate cap in the contract, our rates have risen very slowly in comparison to what would be charged if we were to try to negotiate a contract now. In addition, since Unisys is the only corporation that maintains an inventory of parts for our mainftame and can offer software support for the operating system it would not be in the City's best interest to release an RFP for mainftame maintenance. It is anticipated that use of the mainftame will be discontinued within 24 months so this will be the last maintenance contract for the mainffame. Staff feels that the contract for maintenance with Unisys Corporation has met the City's needs over the last three years and will meet the City's maintenance needs in the future. The contract protects the City should Unisys fail to perform their duties as stated in the contract, one item of consequence should be noted. The City has the right to cancel this contract at any time ifUnisys fails to perform, the City discontinues use of the equipment, or the City lacks the funds to pay the contract. If, however, the City cancels the contract for any reason other than the three reasons stated above, the City would be required to pay a cancellation fee equal to 20% of the remaining maintenance charges from the termination date to the end of the term of the contract. Staff foresees no reason why the City would cancel the contract before the end of the term and does not feel that this clause poses a significant risk to the City. FISCAL IMPACT: The cost for the maintenance contract for FY 1998-99 will be $50,400. This amount has been included in the FY 1998-99 budget for Management and Information Services. A 5% rate increase cap for FY 1999-00 is part of the contract. Je2 -:2- RESOLUTION NO. /c;j 9~ot RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-YEAR EXTENSION WITH THE UNISYS CORPORATION FOR THE MAINTENANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER WHEREAS, in July of 1995, the City of Chula vista entered into a three-year maintenance agreement with the Unisys Corporation for the maintenance of the City's Unisys V-430 mainframe computer; and WHEREAS, this three-year agreement expires on June 30, however, the agreement gives the city the right to extend the contract for two additional years at the same terms and conditions; and WHEREAS, the existing contract includes features such as an annual rate cap and several performance thresholds which must be met by Unisys. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a two-year extension with Unisys Corporation for the maintenance of hardware and software for the Unisys mainframe computer. Presented by Approved as to form by Louie Vignapiano, Director of Management and Information Services C:\rs\unisys.ext j;¿/J COUNCIL AGENDA STATEMENT Item ¿, Meeting Date 08/15/95 I 799¿, ITEM TITLE: RESOLUTION Approving Agreement with Unisys Corporation for the maintenance of hardware and software for the Unisys mainframe computer and waiving the formal biddi~}rOCess. SUBMITTED BY: Director of Managem~ and Information servic~ REVIEWED BY: City ManageJi ~b~~ (4/5ths Vote: Yes_Nol> In September of 1990, the City of~la vista installed a new mainframe computer, the Unisys V-430. Maintenance on the computer for one year was included as part of the initial purchase price. From September, 1991 until a contract was negotiated in July, 1992, Unisys provided the City with maintenance on a month to month basis. In July, 1992 the City entered into a three-year maintenance agreement with Unisys Corporation. This three-year maintenance agreement has expired and staff has been working with Unisys on terms and conditions for a new maintenance contract. The new contract is also for three years and includes features requested by the City such as an annual rate cap and several performance thresholds which must be met by Unisys. RECOMMENDATION: That Council adopt the resolution approving the maintenance agreement with Unisys and waiving the formal bidding process. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The City of Chula Vista operates a Unisys mainframe computer to process many of the City's large computer applications such as Police and Fire dispatching, Payroll, Automated Accounting, Business License, Land Use Inventory, and others. The mainframe is running seven days per week and twenty-four hours per day and reliable maintenance is necessary to ensure that the system continues to function properly. Of particular importance is the function of dispatching Police and Fire. These systems are currently processed on the mainframe and the records management portion of these applications will continue to run on the mainframe after a new Police CAD system is installed. Any time that the mainframe fails, the Police and Fire dispatchers must revert to inefficient manual systems to dispatch public safety personnel and equipment until the mainframe can be repaired. Any failure of the mainframe computer must be repaired in a minimum amount of time seven days per week, twenty-four hours per day. In addition to supporting the above applications for the City of Chula Vista, the City's mainframe computer is used to process Payroll, Accounting, Business License, Land Use and other applications for the cities of El Cajon, Coronado, and Imperial Beach. The City receives over $100,000 annually from these other cities in return for providing computer support. The City is obligated to ensure that all of the above applications are processed in a timely manner. I ) Since the Unisys mainframe, similar to most other manufacturer's mainframes, is : a proprietary product, maintenance can only be performed by authorized personnel. Relatively few authorized technicians exist locally, therefore maintenance contracts are only offered by a limited number of vendors. ~ /~-1' Page 2 Item ~ Meeting Date 08/15/95 Staff has researched maintenance services and found that of the two local vendors identified that offer service contracts for the Unisys V-430, only Unisys maintains any inventory of V-430 spare parts to provide the City with an ~cceptable level of protection. The other vendor would either purchase parts on an as-needed basis from Unisys or would require the City to keep a spare mainframe to be used for spare parts as needed. In addition, software maintenance is only offered by Unisys since it is a proprietary product. Software maintenance is included in the Unisys maintenance contract. If another vendor were chosen for hardware maintenance, software would still need to be purchased through Unisys. The cost for software-only maintenance is higher than the software maintenance costs are if contracted at the same time as the hardware. Staff has obtained informal cost proposals from Unisys and the other vendor and when the cost for both hardware and software maintenance are taken into consideration, the Unisys cost is 15% below the other vendor. It is therefore recommended that the formal bidding process be waived. Staff also recommends a change to the coverage under this contract. The current contract called for maintenance coverage seven days per week, 24 hours per day. The cost for this coverage is $58,417.20 per year. During the past three years, staff has not called for maintenance at any time other than during normal working hours. The cost for coverage five days per week, 9 hours per day would be $44,037.60, a savings of $14,379.60 per year. Under this coverage, all parts and labor are covered during regular working hours. In addition, all parts are covered during off-hours, but labor would be charged at $220 per hour. Staff feels that this would be an acceptable risk since it would take over 65 hours per year of off-hour labor charges to equal the amount which would be paid under the 7/24 contract. While staff feels that the contract for maintenance with Unisys Corporation will meet the City's maintenance needs and protects the City should Unisys fail to perform their duties as stated in the contract, one item of consequence should be noted. The City has the right to cancel this contract at any time if Unisys fails to perform, the City discontinues use of the equipment, or the City lacks the funds to pay the contract. If, however, the City cancels the contract for any reason other than the three reasons stated above, the City would be required to pay a cancellation fee equal to 20% of the remaining maintenance charges from the termination date to the end of the term of the contract. Staff foresees no reason why the City would cancel the contract before the end of the term and does not feel that this clause poses a significant risk to the City. FISCAL IMPACT: The cost for the maintenance contract for FY 1995-96 will be $44,037.60. This is a savings of $14,379.60 per year over the cost of the prior contract. In addition staff would recommend a contingency of $5,000 to be used if off-hours maintenance becomes necessary. This would be turned back to the General Fund at the end of the fiscal year if not needed. This amount has been included in the FY 1995-96 budget for Management and Information Services. A 5% rate increase cap for FY 1996-97 and FY 1997-98 is part of the contract. In addition, the City would have the option of renewing the contract for an additional two years at the \ same terms should the City wish to exercise that option. # / . /;27 - .' . . - ~. RESOLUTION NO. 17996 -, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPRO,VING AGREEMENT WITH UNISYS CORPORATION FOR THE MAINTENANCE OF HARDWARE AND SOFTWARE FOR THE UNISYS MAINFRAME COMPUTER AND WAIVING THE . - FORMAL BIDDING PROCESS WHEREAS, in September of 1990, the City of Chula Vista installed a new . . mainframe computer, the Unisys V-430; and WHEREAS, maintenance on the computer for one year was included as part of the initial purchase price; and WHEREAS, from September, 1991 until a contract was negotiated in July, 1992, Unisys provided the City with maintenance on a month to month basis; and WHEREAS, in July, 1992 the City entered into a three-year maintenance agreement with Unisys Corporation, which agreement has now expired; and WHEREAS, staff has been working with Unisys on terms and conditions for a new maintenance contract; and WHEREAS, the new contract is for three years and includes features requested :'----"\ by the City such as an annual rate cap and several performance thresholds which must be met ..j by Unisys; and WHEREAS, staff has researched maintenance services and found that of the two local vendors identified that offer service contracts for the Unisys V-430, only Unisys maintains any inventory of V-430 spare parts to provide the City with an acceptable level of protection; and WHEREAS, software maint~nance is only offered by Unisys since it is a proprietary product and it is therefore recommended that the formal bidding process be . waived. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the formal bidding process contained in .Chula Vista Municipal Code Chapter 2.56. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreem~nt with Unisys Corporation for the maintenance of hardware and software for the Unisys mainframe computer, a copy of which is on file in the office of the City Clerk known as Document No. CO95-131. 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 /,2"?- '- ,:., ~ - ~ Resolution No. 17996 Page 2 -- - Presented by ~ Bruce M. Boogaard City Attorney r.o.. " '1 , .-, -/:2-7 ~ Resolution No. 17996 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of August, 1995, by the following vote: AYES: Councilmembers: Alevy, Padilla, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: Moot ABSTAIN: Councilmembers: None . /./ Shirley Horton, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17996 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of August, 1995. Executed this 15th day of August, 1995. );¿-y . . Agreement Number . . I I 92040310 . '. . UNISYS Consolidated Agreement Customer Name and Mailing Address CHULA VISTA CITY OF ----.. --, ATTN: LOUIE VIGNAPIANO 276 4TH AVE CHULA VISTA , CA 91910 Customer acknowledges it has read and understands this Agreement (including all attached schedules and ~mendments) and is not entering ¡mo this Agreement on the basis of any representations not expressly set forth in it. Agreed and Accepted Unisys Corporation Customer (Signature) (Dale) Jeffrey S. Behrens Esq. (pnnædllyped name) Manager of Contracts (Pnnted/typed name) Unisys Corporation (Tille) (Title) 95033 Alternate 1 of 14 /02 -; 43053982.L01 (1/94) UNÏsys Consolidated Agreement Unisys Corporation ("Unisys") will sell and license Products and services and Customer agrees to purchase and license those Products and services under the following terms and conditions: --- 1. Definitions not constitute acceptance of an order. Any down payment receiv h b. d ' f from Customer will be returned if the order is not accepted b) 1.1 Software means t eo Ject co eversion 0 computer,programs U' s and any related documentation, excluding maintenance diagnostics. nJsy . Software also means the source code version where provided by 3.4 Unisys may substitute Products of equivalent or superior tunc- Unisys. Software also means microcode, not embedded in a circuit tionality and performance in the event that any of the Products or- element, that enables the equipment to function according to its dered are not available at the time of shipment. published specifications. .. 4. Delivery and Installation 1.2 Products means equipment, Software, documentation (includ- ing manuals and education materials) and Software maintenance 4.1 Unisys will arrange for delivery of Products and Customer will releases and updates. pay for transportation in accordance with the Unisys published ." " transportation charges in effect at the time of delivery or, if Unisys 1.3 Software Processing Unit ( SPUj means equipment which has not published any such charges, Customer will pay Unisys for controls and executes Software. transportation charges actually incurred. Customer will also pay for 1.4 SURETY Support Services means various forms of installation all cables and site-specific installation materials required to install and support for the Products. the equipment at Customer's site. 1.5 Proprietary Information means Software, diagnostics, docu- 4.2 Unisys will provide Customer with one copy of the then-current mentation, including manuals, and any other information con- user documentation, in paper or electronic form at the option of fidential to Unisys or its licensors. Unisys, for use with the Products ordered and environmental . . ' specifications for equipment, where applicable. Prior to delivery of :.6 Information Services means all te~hnJcal and consu~atlve serv- equipment, Customer will prepare the installation site and will con- Ices other than SURETY Support Services. tinue to maintain the installation site in accordance with such 1.7 Installation Date means the date Unisys completes installation specifications. (as determined by Unisys) or, if equipm~n1 or ~oftware is to be in- 4.3 Customer will install all items of equipment with the designa- stalled by Customer, the tenth day following shipment. tion "Y" in the "Customer installable" column when there is no in- Eft . D stallation charge listed on Schedule A. Unisys will install all other 2. ectJve ate items of equipment. Customer will install all items of Software ot~Ï'- This Agreement will become effective when signed by duly autho- than those for which a fixed installation charge is indicated \... " . rized representatives of both parties and will continue in effect until Schedule C. All Products to be installed by Unisys will be installed terminated according to its terms. during Unisys normal working hours, unless otherwise provided in this Agreement. 3. Schedules - Ordering Procedure ' . , 4,4 Customer may arrange for mstallatlon by Umsys of Customer- 3.1 Unisys will furnish to Customer and Customer will accept and installable Products, subject to the then-current standard Unisys pay for the Products and services itemized on the following sched- charges and conditions. ules which, tog,ether with the terms on the Schedules, are an in- 4.5 If additional labor and rigging is required for installation due to tegral part of this Agreement. Customer's special site requirements, Customerwill pay those costs Schedule Name including costs to meet union or local law requirements. A Equipment Sale B SURETY Support Services 5. Payment C Software Ucenses 5 1 Ch f P d .11 b. . ed h. 0 I to t. S ' . arges or ro ucts WI e mvolc upon s Ipment. n rma Ion ervlces All references to Products and services in this Agreement are to the 5.2 Charges for SURETY 'Support Service~ ~ill. be invoiced in Products and services listed on the Schedules and on any Sched- a~ance, monthly, an~uall¥, or at other pen~dlc Intervals; other- ules submitted to and accepted by Unisys pursuant to Section 3.2 Wise, charges will be inVOICed after, the services ~re pe~o~ed. and to any Products and services supplied by Unisys with such list- Hourly use, page an~ re.mo,te service charges will be Invoiced ed Products and services. monthly unless otherwise mdlcated. 3.2 Customer may order additional Products and services under ~.3 Charges for Information Services will be invoiced as the serv- this Agreement by submitting properly completed Unisys Sup- Ices are performed. pl~mental Sc~edule Orders referencing this ~greem~nt. All orders 5.4 . All ~harge~ must þ~ p~~,!Io )}~ t~n ~O ~ï~ from the date of will refer to this Agreement by number and will be signed by Cus- the inVOice. Umsys-Æiay ImpoS~ a late paym~~t chàfge equal to the tomer. All education lecture cources must be ordered on a Customer lesser of (a) 1- 1 /2% per month Qr {b1the r:näXimu~ rate allowed by Education Enrollment Application. law. I: ,.-' ':,;)J ¡;',.;ló'U 3.3 All orders are subject to acceptance by U nisys. Acceptance by 5.5 Additional charges may apply to services rendered outside ~ -- Unisys will be effective when communicated in writing to Customer. tracted hours or beyond normal coverage at Customer's request, The receipt or deposit by Unisys of a Customer down payment will e.g. travel expenses, premium and minimum charges. 95033 Alternate 2 of 14 / ø2 -- / tJ 43053982-L01 (1/94) . '. 6: Taxes access to the equipment and sufficient computer time, subject only 61 Customer will pay any tax Unisys becomes obligated to pay by to Customer's security rules, (d) follow Unisys Procedures for deter. mining if remedial service is required, (e) follow Unisys instructions virtue of this Agreement, exclusive of taxes based on the net income for operator maintenance and obtaining services, (1) provide a -- of Unisys. memory dump and additional data in machine readable form if re- 6.2 All personal property and similar taxes assessed after ship- quested, (g) reproduce suspected errors or malfunctions in Soft. ment will be paid by Customer. ware, and (h) install all error corrections and maintenance releases supplied by Unisys. 7. Price Protection 9.6 Information Services supplied by Unisys under this Agreement 71 The charges for Products in any accepted order will remain firm are provided to assist Customer. Customer, not Unisys, will be through delivery, unless through no fault of Unisys shipment takes responsible for determining objectives and obtaining the desired place more than one year after the date of the order. If Unisys noti. results. fies Customer that an increase in charges will apply to its order, Customer may terminate the affected part of its order by giving writ. 10. Protection of Proprietary Information ten notice to Unisys within ten days of the date of notification of the 10.1 Customer will keep in confidence and protect Proprietary In. Increase. formation from disclosure to third parties and restrict its use as 7.2 SURETY SuPPOrt Services charges will not be increased during provided in this Agreement. Customer acknowledges that unautho- the first twelve months following the commencement of those ser. riled disclosure of Proprietary Information may cause substantial vices. The charges may be increased thereafter on each anniversary economic loss to Unisys or its licensors. All materials containing of the commencement date following 90 days prior written notice to Proprietary Information will be marked with . Proprietary., Customer, unless otherwise noted on Schedule B. .Confidential., or in a manner which gives notice of its proprietary 7.3 Charges for Software Licenses and Information Services will nature. Proprietary Information will not be copied, in whole or in not be increased during anyone-year term, but may be increased part, except when essential for correcting, generating or modifying prior to any subsequent term upon 90 days prior written notice to Proprietary Information for Customer's authorized use. Each copy, Customer. If Software or services are contracted on a month.to- including its storage media, will be marked by Customer with all no- month basis the charges may be increased at any time following 90 tices which appear on the original. days prior written notice. 10.2 Upon termination or cancellation of any license granted under this Agreement, Customer will destroy (and, in writing, certify de. 8. Security Interest struction) or return to Unisys all copies of the Software the license - Unisys reserves a purchase money security interest in equipment for which has been so terminated or cancelled and any other related i~~ntil payment in full is received for all equipment delivered to Cus. Proprietary Information in Customer's possession (including Pro- tomer and, for that purpose, this Agreement is a security agree- prietary Information incorporated in other software or writings). ment. By signing this Agreement, Customer authorizes Unisys or its 10.3 Any ideas, concepts, know-how, data processing techniques, agent to sign on behalf of Customer the necessary financing state- Software, documentation, diagrams, schematics or blueprints devel- ments, or to file a reproduction of a financing statement. Alterna. oped by Unisys personnel (alone or jointly with Customer) in con. tively, Unisys may file this Agreement or a copy of this Agreement to nection with Information Services provided to Customer will be the perfect its security interest. If this Agreement or a copy of it is filed, exclusive property of Unisys. Unisys grants to Customer a non. information concerning the security interest may be obtained from exclusive, royalty.free license to use any of the foregoing in accor. Unisys at the address stated in Section 17. dance with the terms of this Agreement. 9. Customer's Operational Responsibilities 10.4 Customer acknowledges that all support materials, including without limitation, diagnostic software, are the property of and in. 91 Customer acknowledges it has independently determined that clude Proprietary Information of Unisys. Customer assures that the Products and services ordered under this Agreement meet its such materials will be used only by Unisys maintenance personnel, requirements. and that Unisys has the right to remove such materials from Cus. 9.2 Customer has sole responsibility for use of the Products, in. tomer's facility at any time. This provision applies even though such eluding operating procedures, audit controls, accuracy and security materials may be listed in the Unisys price lists, catalogs, invoices or of input and output data, restart and recovery routines, and other contracts. procedures necessary for Customer's intended use of the Products. 10.5 Customer will inform its employees of their obligations under 9.3 Customer will ensure that its personnel are, at all times, edu. this Section 10 and instruct them so as to ensure such obligations cated and trained in the proper use and operation of the Products are met. and that the Products are used in accordance with applicable 10.6 This Section 10 will survive termination or cancellation of this Unisys manuals and instructions. Agreement. 9.4 Customer will maintain back-up data necessary to replace criti. cal Customer data in the event of loss or damage to such data from n. License any cause. 11.1 Unisys grants to Customer a personal, non-exclusive and non. '.5 If Unisys is providing SURETY Support Services, Customer will transferable license to use Software and related documentation ac. ,a) maintain the operating environment in accordance with Unisys cording to the terms and conditions of this Agreement, solely for specifications, (b) provide adequate working and storage space for Customer's internal data processing requirements on the Unisys use by Unisys personnel near the equipment, (c) provide Unisys full SPU in the United States on which Software is initially installed. 3 of 14 /02 -)) 4305 3982-002 01194) Customer's use of Software will also be governed by any additional WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR. conditions which Unisys may provide on or prior to delivery of Soft- TICULAR PURPOSE AS TO BOTH UNISYS AND NON UNISYS ware. Customer agrees that Unisys may periodically inspect the PRODUCTS AND SERVICES. UNISYS WARRANTIES EXTEND computer site in order to audit Software supplied by Unisys in- SOLELY 10 CUSTOMER. stalled at Customer's site at mutually agreed upon times. In the 12.2 Equipment: -- event that a separate license agreement accompanies non Unisys commodity Software, then the separate license agreement terms (a) Unisys warrants that equipment will be free from defects. will supersede the above license grant for that Software. material and workmanship and will substantially conform to rele- 11.2 Customer may modify any Unisys application Software and vant Unisys published specifications for a period of twelve months may combine such with other programs or materials to form an up- from its Installation Date. Equipment (i) may be newly manufac- dated work, provided that upon discontinuance or termination of tured, (ii) may be assembled from new or serviceable used parts the license, the Unisys application Software will be removed from that are equivalent to new parts in performance, or (iii) may have the updated work and returned to Unisys. been previously installed. During this twelve month warranty period, Unisys will repair or replace any defective item of equipment 11.3 Customer will not decompile or disassemble any Software or part or component of equipment promptly reported or sent to provided under this Agreement or modify Software which bears a Unisys by Customer which Unisys determines was defective due to copyright notice of any third party. Customer will make and main- faulty material or workmanship. Customer will pay transportation tain no more than one archival copy (for backup purposes) of each and insurance costs to ship equipment if an off.site repair location item of Software, and each copy will contain all legends and notices is designated by Unisys; Unisys will pay the return costs if the equip- and will be subject to the same conditions and restrictions as the ment was defective. Labor costs of diagnosis are not included in this original. warranty. 11.4 If the SPU on which any item of Software is licensed becomes (b) Because equipment requires on.going maintenance, the preced- temporarily unavailable, use of such Software may be temporarily ing warranty is not a substitute for SURETY Support Services, transferred to an alternative SPU until the original SPU becomes which are available to Customer for a charge. available. (c) Unisys makes no representation or warranty as to non Unisys 11.5 No license is granted to Customer to use any Unisys pro- equipment provided to Customer, all of which is sold or licensed to prietary operating system Software to assess, test or develop any Customer "ÞS IS". Customer agrees to look solely to the warranties hardware products or device handler software or operating system and remedies, if any, provided by the manufacturer. software that will be marketed by Customer or others for compensa- 12.3 Software: tion. This license restriction does not apply to MS/DOS, UNIX and (a) Each item of Software with the designation "W" is, in its un. eros operating systems. Customer may develop other software pro- grams and may test fully developed, commercially available third altered form. warranted for 90 days from its Installation Dat~ party hardware products or software programs where such testing is conform substantially to the then-current published funct.,:-)' - solely intended for Customer's internal evaluation of the fitness of specifications, provided such Software is used in a manner cons!- such product or program for Customer's own internal data process- tent with any applicable Unisys minimum equipment and software 109 purposes. configuration specifications. Unisys will make reasonable efforts to 11.6 If Customer desires to: (a) use Software in a service bureau correct such errors reflecting significant deviations from the func- tional specifications as are reported by Customer to Unisys during mode, (b) use Software at another location, (c) use Software as re- such warranty period. stricted in Section 11.5, or (d) transfer operational use of the Soft- (b) Because not all errors in Software can or need be corrected, ware to a third party; then Customer shall request prior permission in writing from Unisys. Unisys will then advise Customer whether, Unisys does not warrant that all Software defects will be corrected. and under what terms and conditions. Unisys will license the Soft. Similarly, Unisys does not warrant that the functions contained in ware as requested. All restrictions applicable to Customer will also the Software will meet Customer's requirements or that the Soft. apply to any permitted service bureau or third party users. ware will operate in combinations selected for use by Customer. 11.7 This Agreement does not transfer to Customer title to any in. (c) All other Software delivered is not warranted by Unisys and is tellectual property contained in any Software, documentation or licensed "ÞS IS". In the case of non Unisys Software, Customer Proprietary Information. agrees to look solely to the warranties and remedies, if any. provided by the Unisys licensor or vendor. 11.8 No party shall be entitled to use any Software unless the party 12.4 SURETY Support Services: has a valid written license to use such Software and all applicable charges for the use of such Software have been paid, except that (a) Unisys warrants that equipment and Software will be supported Customer may authorize temporary use of Software by a third party, in accordance with the specific SURETY Service Plan selected. only for Customer's benefit, to assess, test or develop software pro- Unisys sole and exclusive obligations under this warranty will be to grams to the extent authorized by Section 11.5 or to perform con- conform to the Service Descriptions. Equipment parts which are reo suiting services and studies, provided such third party agrees in moved for replacement by Unisys become the property of Unisys. writing to be bound by the provisions of this Agreement regarding (b) To determine eligibility and prerequisites for SURETY Support Proprietary Information and Software. Services, Unisys may require inspection, at Customer expense, of equipment which (a) has not been maintained continuouslvby 12. Warranties and Disclaimers Unisys from the date of purchase by Customer or (b) has. ' relocated. ~- 12.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES. EXPRESS OR IMPLIED, BY OPERA. (c) All equipment, interconnected by signal and power cables, and TION OF LAW OR OTHERWISE. UNISYS DISCLAIMS THE IMPLIED non-application Software, located at the same site and which are 4 of 14 Jc2/'/2 4305 3982-002 (11194) subject to SURETY Support Services are required to be supported 01 use, revenues, profits or savings, even if Unisys knew or should ' at the same Service Levels as the SPu. local area networks, work. have known of the possibility of such damages, (b) claims, demands stations and remote data communication Products are not required or actions against Customer by any person, except as provided in ~ to be at the same Service Level as the Spu. Section 15, or (c) loss of or damage to Customer data from any ',d) SURETY Support Services do not cover the parts and service cause. required to repair damage attributable to (i) alteratiqns, out-of- 14.3 The entire liability of Unisys and Customer's exclusive remedy specification supplies, or defects in design, material or workman- for,any defective non Unisys Products provided under this Agree- ship of non Unisys products and services, (ii) accidents, misuse, ment is limited to their return to Unisys within 90 days after ship- negligence or failure of Customer to follow instructions for proper ment for refund of the amount paid to Unisys for such Products (not '- use, care and cleaning of equipment, Qii) external factors (e.g., including any amounts paid for related services). failure or fluctuation of electrical power or air conditioning, fire, 14.4 Unisys may direct Customer to third parties having products flood), or (iv) failure by Customer to comply with Unisys environ- or services which may be of interest to Customer for use in con- mental specifications. junction with the Products. Notwithstanding any Unisys recommen- 12.5 Information Services: dation, referral or introduction, Customer will independently (a) Unisys will endeavor to provide Information Services on a timely investigate and test third-party products and services and will have sole responsibility for determining suitability for use of third-party basis subject to availability of qualified personnel and the difficulty products and services. Unisys has no liability with respect to claims and scope of the services to be provided. relating to or arising from use of third-party products and services. (b) Unisys may assign, reassign and substitute personnel at any time and may provide the same or similar services and materials to 15. Patent, Copyri¡ht and Trade Secret Indemnification other customers. 151 Unisys, at its own expense, will defend and indemnify Cus- 13. Alterations and Attachments tomer against claims that Products furnished under this Agreement 13.1 If Unisys is providing SURETY Support Services, Customer will infringe a United States patent or copyright or misappropriate trade secrets protected under United States law, provided Customer (a) give Unisys prior written notice of any proposed alterations or gives Unisys prompt written notice of such claims pursuant to Sec- attachments to equipment. Unisys has no obligation to provide tion 17, (b) permits Unisys to defend or settle the claims, and (c) pro- SURETY Support Services for non Unisys attachments, altered vides all reasonable assistance to Unisys in defending or settling equipment or modified Software. Should Unisys agree to maintain, the claims. support or correct altered Products, Unisys may impose additional 15.2 As to any Product which is subject to a claim of infringement - -~ar¡:es. or misappropriation, Unisys may elect to (a) obtain the right of con- ".3.2 Unisys is' not responsible for any malfunction, nonperfor- tinued use of such Product for Customer or (b) replace or modify mance or degradation of performance of Products, supplies or main- such Product to avoid such claim. If neither alternative is available tenance support materials caused by or resulting directly or on commercially reasonable terms, then, in the case of equipment, indirectly from any alteration or attachment unless Unisys is main. at the request of Unisys, Customer will discontinue use and return taining the alteration or attachment that causes the malfunction. such equipment and Unisys will grant a credit for the price paid to 13.3 Unisys warranties will not apply if attachment of non Unisys Unisys, less a reasonable offset for use and obsolescence; in the equipment or alteration of Products directly or indirectly results in case of Software, the applicable license will be terminated and no any malfunction, nonperformance or degradation of performance of further char¡:es will accrue. Unisys Products; in addition, Customer will be solely responsible for 15.3 Unisys will not defend or indemnify Customer if any claim of resulting infringement, personal injury or damage to property and infringement or misappropriation (a) is asserted by a parent, sub- Products. sidiary or affiliate of Customer, (b) results from Customer's design or 13.4 For purposes 01 this Agreement, "alterations" includes, but is alteration of any Product, or (c) results from use of any Product in not limited to, the incorporation of non Unisys components, boards combination with any non Unisys products. and subassemblies into equipment, as well as modifications to Soft- 15.4 This Section 15 states the entire liability of Unisys and Cus- ware. "Attachments" includes, but is not limited to, any non Unisys tomer's sole and exclusive remedies for patent or copyright infringe- equipment, software, components or devices which are connected ment and trade secret misappropriation. to Unisys Products. 14. Umitation of Uability 16. Termination and Cancellation 14.1 Unless further limited elsewhere in this Agreement, the entire 16.1 Unisys may suspend SURETY Support Services if any payment for such service under this Agreement is past due more than 30 liability of Unisys and Customer's exclusive remedy for damages days. from any cause related to or arising out of this Agreement, regard- less of the form of action, whether in contract or in tort, will not ex- 16.2 Unisys may terminate SURETY Support Services or change ceed the greater of (a) $100,000 or (b) the char¡:es paid to Unisys the levels of support available to a Product upon six months written during the 24-month period immediately prior to Customer's notice notice or at the expiration of the then-current term for SURETY 'Irsuant to Section 18.5 for the Products or services which are the Support Services, whichever occurs earlier. ,oject matter of or directly related to the causes of action asserted. 16.3 Either party may terminate any license for Software or any This Section 14.1 does not apply to claims covered by Section 15. SURETY SuPPOrt Services upon expiration of the applicable term by 14.2 In no event will Unisys be liable for (a) any incidental, indirect, providing 30 days written notice. Failure to give such notice will special or consequential damages, including, but not limited to, loss result in a renewal or extension of the license or service in accor- 5 of 14 /c2/ /-3 4305 3982-002 (11194) . dance with the provisions of this Agreement. The licenses for any 18.3 Either party, before or during any arbitration, may apply to a .. Software automatically terminate upon Customer's discontinuance court having jurisdiction for a temporary restraining' order or of use of the SPU on which the Software was licensed, at which time preliminary injunction where such relief is necessary to protect its Customer must either destroy or return the Software and documen- interests pending completion of the arbitration proceedii12S, tation to Unisys. Upon termination or cancellation of SURETY Sup- Arbitration will not be required for actions for recovery of spe -- port Services, all diagnostics will be returned to Unisys.. property, such as actions for replevin. 16.4 Without prejudice to other remedies, Unisys may cancel this 18.4 Neither party nor the arbitrators may disclose the existence or Agreement or any order placed under it, for default and repossess results of any arbitration hereunder without the prior written con- Products (excluding only equipment for which the purchase price sent of both parties. has been fully paid), if, upon written notice, Customer fails to 18.5 Prior to initiation of arbitration or any other form of legal or . (i) make any payment identified as delinquent (including payment of equitable proceeding, the aggrieved party will give the other party charges for services) within ten days or (ii) cure any default relating to Sections 10 or 11 within 30 days. written notice in accordance with Section 17 describing the claim and amount as to which it intends to initiate action. 16.5 Unisys may terminate SURETY Support Services on 30 days prior written notice if Unisys determines that any alterations, at. 19. Other Provisions tachments, Customer Software modification or failure to install a 191 All risk of loss or damage to Products will pass to Customer maintenance release will interfere with the provision of such serviceS. upon delivery to Customer's location. 16.6 Termination or cancellation of this Agreement will not affect 19.2 Neither party will be liable for failure to fulfill its obligations any rights or duties arising under it with respect to Proprietary In- when due to causes beyond its reasonable control. formation or security interest. 19.3 Any failure or delay by either party in exercising any right or 17.Notices remedy will not constitute a waiver. 171 All notices required by this Agreement to be given to Customer 19.4 THIS AGREEMENT WILL BE GOVERNED BY THE LDCAl will be sent to its address on the cover page of this Agreement. LAW OF THE COMMONWEALTH OF PENNSYLVANIA. 17.2 All notices required by Sections 15 and 18.5 and all requests 19.5 This Agreement constitutes the entire agreement between the for information under Section 8 will be sent by certified or parties with respect to the Products and services provided here. registered mail and, when given to Unisys, addressed to: under and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications Office of General Counsel between the parties. The terms and conditions of this Agree,~¡ Unisys Corporation will supersede all other terms and conditions submitted by\._, -:, Township Line and Union Meeting Roads tomer, including any preprinted terms on any Customer purchas. Blue Bell PA 19422 orders. cc: Group Vice President 19.6 Unisys may assign this Agreement or its interest in any eQuip- 17.3 All other notices to Unisys will be sent to the Unisys office ment, or assign the right to receive payments, without Customer's which has been servicing Customer. consent. Any such assignment, however, will not change the obliga- 18. Arbitration tions of Unisys to Customer. Customer will not assign or transfer its ,rights or obligations under this Agreement without prior written 18.1 Subject to Sections 18.2 through 18.5 hereafter, any con- consent of Unisys. Any assignment or transfer prohibited by this troversy or claim arising out of or relating to this Agreement or the provision will be void. Unisys may subcontract any services breach thereof will be settled by arbitration before three arbitrators described in this Agreement to third parties selected by Unisys. in accordance with the Rules of the American Arbitration Associa- 19.7 The terms and conditions of this Agreement may be modified tion (. AAA.) then in effect, and judgment upon the award rendered only by a writing signed by a Unisys Vice President, General by the arbitrators may be entered in any court having jurisdiction. Manager or Contracts Manager. Any such arbitration will be conducted in the city nearest Cus- tomer's main U.s. office having an AAA regional office. The arbitra- 19.8 No arbitration proceeding ,or legal action, regardless of its tors will be selected from a panel of persons having experience with form, related to or arising out of this Agreement, may be brought by and knowledge of electronic computers and the computer business, either party more than two years after the cause of action first and at least one of the arbitrators selected will be an attorney. accrued. 182 The arbitrators will have no authority to award punitive 19.9 Each paragraph and provision of this Agreement is severable, damages nor "any other damages not measured by the prevailing and if one or more paragraphs or provisions are declared invalid, the party's actual damages, and may not, in any event, make any ruling, remaining provisions of this Agreement will remain in full force and finding or award that does not conform to the terms and conditions effect. of this Agreement. /1--/'1 6 of 14 4 305 3982-002 01/94) ~chedule A Agreement Number .. .. I UNISYS Equipment Sale Equipment Location - ~, List Products Applicable to This Agreement hem Style Description Quantity Unit purchase price Customer Installation Total purt:hase price number Installable charge - i I I I I I I ! I I ~" . . Total installation charge Total purchase price I $ $ Othe r $ Grand total $ Less: down payment ..-' $ TotIl amount due /;¿/)J $ I 7 of 14 4305 3982-002 01194) Schedule B - SURETY 2000 Agreement NumDer . SURETY Support Services I 920403:iO t.. UNI SYS :quipment location 412220-0001 Bill To location 412220-0001 Service level (C) Comprehensive CHULA VISTA CITY OF CHULA VISTA CITY OF (P) Performance - .- ATTN: LOUIE VIGNAPIANO ATTN: LOUIE VIGNAPIANO (8) Partner 276 4TH AVE 276 4TH AVE CHULA VISTA , CA 91910 CHULA VISTA. , CA 91910 Exchange Option (E2) Client Inventory Admllllstralor Telephone no. Admllllsllaror Telephone no. (E5) Client Exchange Innléll Term (Check i1 more than t year) Annual rale increase cap Billing period (Check one) 0 2 years ø 3 years 0 Other ( years) (3-year Initial term or longer) .2.JL % ø Monthly 0 Annual 0 Other: Access"(Check one) SURETY Support Service 0 Standard Access ø Premium Access Commencement dale ,07-01-95 Ust Products Applicable to This Agreement leveL-PIan: Style Description (Include venoor name anD model 11 non Umsys product) NCM' lQuantity Monthly unn charge Total monthly ::na:-;e Option 1 923.40 923,40 jPU V430 SYS:V430 PKG V430-CP PROC:V430 CENTRAL PROC 1 V400-20M MEM:20MB MEMORY 1 V400-IOC CABlNET:19U W/l BASE 1 V400-IOB INSTL:9U I/O BASE 1 V400-MLI CTRL:MLI I/O PROCESSOR 1 B28-EXP WRKST:80286 BASED INT 1 B25-Dl DISPLAY:12" 29X80 MONO 1 B25-K5 KEYBD:B2X 1 B25-PSI POWER:B25/B27 HIGH POWR 2 B25-M5 DISK:40MB FIX/1MB FLOPPY 1 B25-TS TAPE:STREAMER FOR B25 1 ,-... ""' PT101 ADPTR:TERMINATOR KIT 1 -.¡ B25-LC PWR CORD: LINE CORD 2 CCB50-R CABLE:50' CLUSTER B25-28 1 B20-DK5 MODULAR DIAG.KIT,REL.5.0 1 h:>U BT3288 TAPE:SLAVE PE/GCR 200IP 1 384.30 384.30 ~U LC4503 45KVA 3P 1 265.50 265.50 ~U X246-91 CTRL:PTR DLP B9246-10/12 1 54.90 54.90 lPu X310-91 CTRL:SCSI EXTERNAL DLP 1 70.20 70.20 PU X310-92 CTRL:SCSI INTERNALDLP 1 62.10 62.10 PU X351-94 CTRL:UNIV UNILN/ODT DLP 1 54.00 54.00 PU X395-91 CTRL:PE MAG TAPE DLP 1 54.90 54.90 PU 9246-7TX PRINTER:650LPM TRPL STKR 1 126.90 126.90 PU BT3281-1 200IPS 1XMT SUBSYS PKG 1 712.80 712.80 BT3281 DING CONT M&S PE/GCR 200 1 IPU M9710-21 DISK:SCSI 1.3 GB X2 SP 1 89.10 89.10 PU V400-IOR INSTL:V400 PERIPH RACK 1 19.80 19.80 lPu V400-MLI CTRL:MLI I/O PROCESSOR 1 50.40 50.40 h:>U B9493-UI0 DISK:V400 100MB DRIVE 1 36.00 36.00 *** TOTAL FC R '1 HIS PAGE ONLY 2904.30 . A one year No-Additional-Charge-Maintenance period ("NCM") applies to equipment designated as 2 or 4 in the NCM column. T olal monthly cha~es During the NCM, any Monthly Unit Charge indicated shall not apply; however, any charges lor optionaJ, additionaJ or upgrade ~ 3669.80 services shall apply. Client Exchange Option service is provided at no charge durin!þthe PPM lor equipment designated with Other a 2. Equipment On-Call Remedial Maintenance is provided at no charge during the PM for equipment designated with a 4. II Customer orders a SURETY Support Service Level and pays the applicable then-current monthly maintenance rate upgrade ~ charge lor equipment designated as having a NCM, Customer will receive all the benefits 01 the SURE1Y Support ServIce Grand \otll level selected lor the equipment during the remaining portion 01 the NCM. The applicable upgrade charge, il any, will be $ indicated in the description colulM. 95033 Alternate 8 of 14 12" J? 4305 3982-L01 (1;94) Supplemental Schedule B - SURETY 2000 Agreement Number 8 I I UNI SYS SURETY Support Services 92040310 .Equipment Location 412220-0001 Bill To Location 412220-0001 Service Level , - (C) Comprehensive lULA VISTA CITY OF CHULA VISTA CITY OF (P) Performance ATTN: LOUIE VIGNAPIANO ATTN: LOUIE VIGNAPIANO (8) Partner 276 4TH AVE 276 4TH AVE CHULA VISTA , CA 91910 CHULA VISTA , CA 91910 Exchange Option (E2) Client Inventory . "omJOlstralor Telephone no. AdminIStrator Telephone no. (E5) Client Exchange In:tJa/ Term (Check If more than I year) Annual rale increase cap Billing penod (Check one) . 0 2 years 0 3 years 0 Other ( - years) (3-year Initia/lerm or longer) 5-&% 0 Monthly 0 Annual 0 Other: Acœss (Check one) SURETY Support Service " " . Schedule B . Definitions and Service Descriptions A. Definitions 7. Electronic Self Services provides Customer with 1-800 telephone access Principal Period of Maintenance C-PPM") means 8:00 am to 5:00 pm, Cus- by a dial-up workstation to place Customer Assistance Requests (CARs) :omer's local time, Monday through Friday, excluding Unisys designated and to get information on Unisys Products and services. Jlolidays. 8. Network Planni~ Guide provides information on network components. Off Hours means all hours other than the PPM. prominent communication models and protocols, network design and equipment selection criteria as well as materials and instructions which Customer Operational Hours ("COW) means all times when Customer enable customer to profile network requirements. uses the Products. 9. Equipment On-Call Remedial Maintenance includes on-site repair or ex- Failed Unit means a unit of equipment enrolled under SURETY Support change of equipment, at Unisys option, if a problem remains unresolved Services, which is deemed eligible by Unisys for exchange, that is identified after Customer has utilized Support Center Services as prescribed. The by Customer as not in working order. Client Inventory Option (E2) is available under this Service and it provides on-site exchange of the Failed Unit with a replacement provided by Excha.e Unit means new, repaired, or previously used equipment in Customer. working order that Unisys conveys to Customer as a replacement for a 10. Electronic On-Site Services allows the Support Centers to receive data Failed Unit. The Failed Unit shall become the property of Unisys upon Cus- tomer's receipt of the Exchange Unit or, if later, upon receipt of the Failed and perform remote failure analysis. Customer shall supply the equipment, Unit by Unisys. Customer warrants that title to the Failed Unit, and Unisys software, and communication facilities to use the electronic support ser- warrants that title to the Exchange Unit, shall be free and clear of all vice capabilities of the Products as outlined in the Product support plan. claims, liens, and encumbrances including security interests. 11. Equipment Preventive Maintenance, including the installation of field B. Service Descriptions changes deemed appropriate by Unisys, will be performed at Customer's location according to the manufacturer's recommendations at a mutually Unless specified on the Schedule or in this Section, the Initial Term for acceptable time during the applicable hours of coverage. SURETY Support Services will be 12 months and will commence on the 12. Equipment On-Call Remedial Maintenance Guaranteed Response later of the Installation Date of the applicable Products or the date Unisys means that a customer services representative will arrive at Customer's acœpts the Services order. Unless specified on the Schedule, the Initial site within the time specified below. Response time is measured from the Term of SURETY Support Services for Products added to a system already time Unisys receives a service request from Customer until a Unisys Cus- enrolled under SURETY Support Services will be coterminous with the ap- tomer Service Representative arrives at Customer's site. The response plicable term of the Services on that system and, for purposes of changes times below are based on the distance from the center of the applicable to SURETY Support Service charges, will be deemed to have the same Unisys concentration city to Customer's site. In the event of a change in 10- commencement date as the applicable term of the Services on that system. cation of the equipment site or the Unisys concentration city, the response Following the Initial Term, SURETY Support Services will continue on an time will be deemed amended accordingly. annual renewal basis at Unisys then-current prices until terminated or can- Miles to the Nearest PPM Off Hours celled according to the terms of this Agreement. The specific services for each Service Level and Plan are identified on the next page. Concentration City Response Time Response Time ,~, 0-60 2 hours 3 hours ":~ Support Center Services provides assistance by electronic or voice com- munication during the PPM on operating the Products, identifying Product Over 60 No guarantee No guarantee errors or malfunctions and advising on known detours, reporting software 13. Support Center Guaranteed Response (available only during the PPM) problems via a User Communication Form (UCF), and determining the provides that a Unisys customer support analyst will take Customer's call need for on-call remedial service. Support Center Services during Off promptly or respond to Customer within 30 minutes after the receipt of Hours co~sists of expediting response to network down and system Customer's request at the Support Center designated by Unisys. A emergencies. response includes direct voice contact, a returned phone call. or an elec- 2. User Communication Services provides for reporting of suspected tronic message according to the Service selected by Customer. Product errors or malfunctions or suggested new feature changes. Unisys 14. Systems Operations Review provides that Unisys will meet with Cus- will make reasonable efforts to provide detours or corrections. Customer tomer's personnel once annually, at a mutually acceptable location and will install all error corrections. time, to conduct computer systems operation reviews with respect to the 3. Essential Encineeri. Cha~es are changes released by Unisys for safe- Products. Customer is responsible for scheduling the meeting. ty purposes or changes Unisys determines are essential to the perfor- 15. Software On-CaO Support includes on-site service if a Software prob- mance of equipment. Changes will be installed at a mutually acceptable lem remains unresolved after Customer has utilized Support Center Ser- time during the applicable hours of coverage. For non Unisys equipment, vices as prescribed. Unisys will install Essential Engineering Changes based upon the availabil- ity of required materials at no cost to Unisys and additional labor charges 16.. Instillation of Customer Set Up (CSU) Equipment is provided at a will apply for Service Levels other than Comprehensive. mutually acceptable time during the initial system installation. This service 4. Equipment Maintenance Parts are parts required for repairs made by does not apply to equipment added to the system at a later date. Unisys will install non Unisys CSU equipment upon Customer request, provided Unisys personnel. the required materials are given to Unisys by the Customer at no cost to 5. Advance Excba~e Service allows Customer to notify the Unisys desig- Unisys. nated point of contact of a Failed Unit enrolled in the Service. Upon notifi- 17. Multivendor Services Planni~ provides that Unisys will meet with Cus- cation, Unisys will ship an Exchange Unit to the Customer using a next day tomer's personnel once annually to review Unisys ability to provide Cus- delivery service. Customer will install the Exchange Unit and, at its ex- tomer with Multivendor Services. pense and risk, ship the Failed Unit to Unisys within 14 days after Cus- tomer's receipt of the Exchange Unit. Customer may select the Client Exchange Option (E5) instead of this Advance Exchange Service. The C. Descriptions of Service Access Client Exchange Option allows Customer, at its expense and risk, to ship or Standard Access to the Support Center Services provides the Customer to bring a Failed Unit to the Unisys designated location. WIthin 7 business days 01 receipt, Unisys repairs the Failed Unit or gives Customer an Ex- with unlimited use of Electronic Self Services and a number of voice con- "tange Unit. tacts per annum allocated by Unisys. Voice contacts in excess of the annual allocation are chargeable on a per call basis at Unisys then-current rates. ø. Software Maintenance Releases include error corrections and main- Premium Access to the Support Center Services provides the Customer tenance releases that have been developed or provided by Unisys for Software. These releases shall be licensed only for use on the designated with unlimited use of Electronic Self Services and an unlimited number of computer system(s) under the applicable license agreement. Customer will voice contacts with the Unisys Support Centers. install all error corrections and maintenance releases. /eJ -J ~ 9 of 14 4305 3982-002 (11194) Schedule B - Unisys SURETY 2000 Service Levels and Plans - . The Service Plans apply to Products, including interconnected peripherals/attachments. The Service Levels are cumulative (e.g., the services defined under Performance are in addition to those defined under Partner). The hours of coverage for Partner and Performance Service Levels are during the PPM. The hours of coverage for the Comprehensive Service Level are during the COH, unless designated PPM only. Not ro. Services and Service Levels are available on all Products. Individual Unisys SURETY Support Services contained in a higher Service La . . than contracted are provided at Customer request, as available, at then-current Unisys conditions and charges. Service levels Service Plan (U) (N) (M) ... Unisys Networks Multivendor ~ 1. Support Center Services X X Xl 2. User Communication Services X X Xl P 3. Essential Engineering Changes X X X A R 4. Equipment Maintenance Parts X X X P T E N 5. Advance Exchange Service I X X X R E - F R 6. Software Maintenance Releases I X X3 X3 0 R Xl C M 7. Electronic Self Services X Xl 0 A M N 8. Network Planning Guide X X X P C R E . . -------------------------------------------------------------------------------------------------------------------- E ~:¡ H E 9. Equipment On-Call Remedial Maintenance X X X N 10. Electronic On-Site Services I S X - - I V 11. Equipment Preventive Maintenance I X - X E . -------------------------------------------------------------------------------------------------------------------- . 12. Equipment On-Call Remedial Maintenance Guaranteed Response I X X2 X 13. Support Center Guaranteed Response (PPM only) X X Xl 14. Systems Operations Review Xl X Xl 15. Software On-Call Support X X - 16. Installation of Customer Set Up (CSU) Equipment X X X 17. Multivendor Services Planning X X X . Legend: X Included (Labor and Materials). 1 Selected Products only. 2 Only available in emergency system/network down situations. 3 For non Unisys products, available with Performance and Comprehensive Levels only. -~ 10 of 14 /1/); 43053982-(>:)2 (11194) ~cneaule L; ~=IIICIiL I~UIIUCI . 0 eO- I UNISYS Software Licenses I Equipment Location ~cnedule 0 Agreement .Number . I --J UNISITS I nformation Services . . Periodic Basis Item Type of service No. of Hourly charge PerIOd: Total hours Total charges ~..J number personnel Days/WeeksiMonths j I ; I I I Grand total $ .~, . ""'~ Fixed Charges Item Type of service Description FrIed charge number Grand total Customer will be invoiced for travel and lodging and premium service charges in addition to those set forth above, as applicable. $ 12 of 14 J2~;L/ 4305 3982-002 (J 1194) . Agreement Number \. I ¡ Schedule D . Description of Information Services /" -., . . -~> -. 13 of 14 / ~ -:- e::22 4305 3982-002 Clll94) Agreement Number I t' Schedule D - Description of Information Services (Cont.) ,--, - ~.:. /;¿-.23 , 14 of 14 4305 3982.002 01194) ", Agreement number ~.. I I 'UNISYS Additional Terms and Conditions 92040310 I I r:ustomer Date City of Chu1a Vista 7-1-95 Unisys and C~~omer hereby amend the a~ove.referenced Agreement by adding the following terms and conditions. consisting of paragraphs 1 through -, on pages 1 through -' 1. These added terms and conditions shall apply only to the Products and/or Services ordered on Schedules concurrent with the Effective Date of the Agreement and not to any other order for Products and/or Services unless specifically agreed upon in the subsequent written order. 2. Service Requirements Unisys shall exercise all reasonable efforts to maintain the continuous normal operational capacity of Customer's equipment covered hereunder. All "Down Times" must not exceed the following durations: . A Down Time of twenty-four (24) or more consecutive hours; . An occurrence of two (2) or more Down Times of twelve (12) or more consecutive hours during any consecutive t\velve (12) month period; . An occurrence of two (2) or more Down Times during any thiI1y (30) day period totaling twenty-four (24) or more hours; . A total Down Time exceeding eighty-eight (88) hours during any consecutive twelve (12) month period, regardless of the number of individual Down Times, "Down Time" is defined as the computer system's inability to function at its normal and designed operational levels. The "Down Time" begins to run when Customer, by verbal or written notice, notifies Unisys that its computer system is not functioning at its normal and designed operational levels and will end when Unisys and Customer agree that the computer system is functioning at its normal and designed operational levels. 3. Compensation The annual rate for maintenance of the individual components of hardware and software are set forth in the Unisys Sl"RETY Service Support Agreement. It is agreed by both parties that Unisys may increase the annual cost of maintenance by an aggregate amount not to exceed five (5) percent on the first day of the second and third year anniversary of said Agreement commencing from the date of execution by the Customer. Customer may, at its sole discretion, remove any individual component no longer in use ITom coverage afforded by this Agreement at any time during the term of this Agreement, with a prorated reduction in the amount of the monthly maintenance charge. NOTE: Draw a fine across the last page following the last paragraph of this amendment and add signature lines. Page. 1 of 4 /02-2 f 6COO710 (4190) -: ..8 UNISYS Additional Terms and Conditions - (continued) 4. Additional Equipment Should the Customer purchase any equipment which is identical to equipment already specified in the SURETY Service Support Agreement and has been qualified by Unisys . . for maintenance coverage, Unisys agrees to add said purchased equipment to the existing contract at the corresponding rate in effect at that time. Any new or warranted Unisys equipment purchased by the Customer during the term of this .-\greement, which is a type . maintained by Unisys but not already specified on the SURETY Agreement Schedule, may, at the discretion of the Customer be added to the SURETY Agreement Schedule at the prevailing current Unisys rate, less a ten percent (10%) discount and win be subject to the terms and conditions of this Agreement. 5. Termination for Cause If, through any fault ofl.'nisys. Unisys shall fail to fulfill in a timely and proper manner Unisys' obligations under this Agreement. or ifCnisys violates any of the covenants, agreements or stipulations, Customer shall have ¡he right to te:-mjnate this Agreement by giving written notice to Unisys at least thirty (30) days before ¡he effective date of such termination. 6. Early Termination If Customer terminates the Support Services covered by the l-nisys SURETY Service Support Agreement prior to the end of the three (3) year term for reasons other than discontinued use of the equipment or for cause (see paragraph 5 above) or lack of appropriate funds, Customer agrees to pay an early termination charge equal to twenty percent (20%) of the remaining maintenance charges from the date oftennination until the end of the original term of the services, at the rates then in effect. 7. Guaranteed Response Time Credits Should Unisys fail to respond within the guaranteed response times, the Customer is entitled to receive a credit that may be applied against their ne:-..-r l-nisys SURETY invoice. Maintenance response time credit is equal to 25% of the monthly charges for the particular products(s) which required service and any other products which are rendered unusable due to a particular product(s) failure. Claims for credits must be filed by the Customer, in writing on or before the last day of the month following the month in which the applicable service call was received by Cnisys. A claim will be deemed filed as of the date it is received by the applicable Unisys CS servicing district. No credits will be issued if at any time the Customer payment for l7nisys SURETY Support Services are more than thirty (30) days past due. NOTE: Draw a line across the last page following the last paragraph of this amendment. / 2~ c23 6000711 !2/88ì . UNISYS Additional Terms and Conditions - (continued) 8. Paragraph Headings The paragraph headings used herein are only for convenience and shall not be deemed to limit the subject of the paragraphs of this Agreement or be considered in their . . construction. , 9. Construction of Agreement The agreements contained herein shall not be construed in favor of or against either Customer or Unisys, but shall be construed as if both Customer and Unisys prepared this Agreement. 10. Hold Harmless Cnisys agrees to defend, indemnify and hold harmless Customer, its elected officials and appointed officers and employees, ITom and against all claims and demands resulting ITom or connected to Unisys performance under this Agreement for damage to tangible property or injury or death to any person due to and to the extent of the negligence of Cnisys, so long as Customer promptly notifies Unisys of such claim or demand. 11. Entire Agreement Section 19.5 of the Unisys SURETY Service Support Agreement, shall be amended by adding the words "including these Additional Terms and Conditions" between the words "Agreement" and "constitutes" in the first line of the paragraph. 12. Inconsistencies To the extent that any inconsistencies may result between these Additional Terms and Conditions and the Unisys SURETY Service Support Agreement, such inconsistencies shall be governed by the provisions of these Additional Terms and Conditions. 13. Term The Agreement shall commence July 1, 1995 after its execution and terminate thirty-six (36) months thereafter. The City of Chula Vista will have the option to extend these services under the same terms and conditions for an additional two (2) years, provided that Unisys may reasonably increase the cap on Disk and Tape products ITom 5% to 10% in years 4 and 5. NOTE: Draw a line across the last page following the last paragraph of this amendment /,-(-2 ~ 6000i:: 12/881 . . UNISYS Additional Terms and Conditions - (continued) , ~ 14. Standard of Care Unisys in perfonning any Services under this Agreement shaIi perform at a minimum, in a manner consistent with that level of care and skill ordinarily exercised by members of the . . profession currently practicing under similar conditions and in similar locations. . 15. Assignability Section 19.6 of the Unisys SURETY Service Support Agreement, shall be amended by deleting the word "without" and replacing it with the word "with" in the first line of the paragraph. Additionally, the period "." at the end of the first sentence shall be deleted and replaced with the words "which shall not be unreasonably withheld." 16. Governing Law This Agreement will be governed by the local law of the State of California. Agreed and Accepted: Unisys Corporation Customer BY-i¥t~; By: Tide 1 . ~'-'~ Title: Date: 7 If-I / crs Date: NOTE: Draw a line across the last page following the last paragraph of this amendment. Je2~;2 ;; 6000711 (2/88) Unisys Corporation 25725 Jeronimo Road Mission Viejo CA 92691 . UNISYS March 27, 1998 Mr. Louis Vigna piano Director, Management and Information Services City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Louie: The present Surety Service Agreement between Unisys and the City of Chula Vista expires on June 30,1998. This agreement (#92040310) covers your V series system and associated peripherals. Per our previous discussions, Unisys would like to offer the City of Chula Vista the opportunity to extent the present agreement for a period of two (2) years through June 30,2000, with the same terms and conditions of the present agreement (including the five (5) percent annual cap.) If this meets with the City's approval, please acknowledge by signing on the line provided below. ;Z¿ ¡;[)~ Rick D. Darnall Operation Support Manager The City of Chula Vista acknowledges acceptance of the extension of Agreement #92040310 as stated above. Print Name Signature Date /:2 ,-ff COUNCIL AGENDA STATEMENT / Item__- '3 Meeting Date 04/21/98 ITEM TITLE: Resolution) 'if 1 ¿ iccepting bids and awarding Purchasing Agreement for the purchase of one service and maintenance truck SUBMITTED BY: Director Of Public Works pi Director of Finance ~ REVIEWED BY: City Manager ~ ~ ~ (4/5ths Vote: Yes_Nol) On March 3, 1998, an advertisement was pIa in the Star News soliciting bids for the proposed purchase of one service and maintenance truck. In addition, twelve prospective bidders from the Purchasing Agent's bid list, including two local vendors, were contacted directly. On March 24, 1998, the bids for the purchase of the service and maintenance truck were opened. Two bidders, including a local vendor, responded. The lowest responsive bidder was Fuller Ford with a net unit price of $34,053 .31 RECOMMENDATION: That Council award the Purchasing Agreement to Fuller Ford for the purchase of the service and maintenance truck. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable D ISCUSSI 0 N: The FY97 -98 equipment replacement budget provides for the purchase of a service and maintenance truck for the placement and repair of street signs. Fuller Ford was the lowest responsive bidder with a net unit price of $34,053.31. The second lowest bid was Lasher Auto Center with a net unit price of $35,428.20. ALTERNATIVE FUEL: An alternative fueled truck was not offered by either of the vendors. FISCAL IMPACT: Sufficient funds ($43,500.00) are provided in the FY97-98 Equipment Replacement Budget for the purchase of the service and maintenance truck. The hydraulic tools required for street sign installation and maintenance that are part of this truck were included in the budgeted amount of $43,500 and staff intended to bid the truck and tools as a package. However, at the Purchasing Agent's suggestion, the items were bid separately. The bids for the tools will open on April 30, 1998 and will be awarded without Council action. The tools will be paid for out of the savings remaining from this purchase. D:\WINWORD\BUDGE1\A113 SER&MAINT TRK FY97-98.doc File #: 1320-S0-DC /-3 -' / / t RESOLUTION NO. /()9~r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING PURCHASING AGREEMENT FOR THE PURCHASE OF ONE SERVICE AND MAINTENANCE TRUCK WHEREAS, on March 3,1998, an advertisement was placed in the Star News soliciting bids for the proposed purchase of one service and maintenance truck; and WHEREAS, in addition, twelve prospective bidders from the Purchasing Agent's bid list, including two local vendors, were contacted directly; and WHEREAS, on March 24, 1998, the bids for the purchase of the service and maintenance truck were opened; and WHEREAS, the following two bids were received: Fuller Ford $34,053.31 Lasher Auto Center $35,428.20 WHEREAS, the lowest responsible bidder was Fuller Ford with a net unit price of $34,053.31. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids and award the Purchasing Agreement for the purchase of one service and maintenance truck to Fuller Ford in the amount of $34,053.31. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized and directed to execute said Purchasing 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 C:\rs\maintruck.bid /3--2 CITY COUNCIL AGENDA STATEMENT Item ø \ Meeting Date 4/21/98 :<7;51 ITEM TITLE: PUBLIC HEARING: PCM-98-27; Amendments to the Sunbow II Sectional Planning Area (SPA) Plan consisting of modification of the Planned Community District Regulations to modify the required sideyard setbacks and allowable floor area ratio in the RS Single Family land use districts- Fieldstone Communities Inc. ORDINANCE Approving amendments to the Sunbow II Sectional Planning Area (SPA) plan consisting of modifications to the Planned Community District Regulations regarding sideyard setbacks and floor area SUBMITTED BY: Director ofPlarnring ~ ~ REVIEWED BY: City Manager -JG¡ ~ ~ 4/Sths V ote:(Y es_N oX) The applicant proposes to amend the Sectional Planning Area (SPA) plan for the Sunbow II project (see Locator attached to ordinance). The proposed amendments would change the required sideyard setbacks trom 10' on one side and 3' on the other to 5' on each side, and would increase the allowable floor area ratio from 50% to 55% in the RS Single Family land use district. The Environmental Review Coordinator has determined that the project is exempt from environmental review under CEQA as a Class 5(a) exemption (minor alteration in land use). BOARDS/CO MMISSI 0 NS RECO MMENDA TI 0 N On March 25, 1998, the Planning Commission voted 6-0 to recommend approval ofthe proposed amendments subject to the condition that the increased floor area ratio would not apply to lots adjacent to existing R-l zoned single family residences. RECOMMENDATION That the Council adopt the ordinance approving amendments to the Sunbow II Sectional Planning Area Plan and Planned Community District Regulations to modify the sideyard setbacks and floor area ratio in the RS Single Family land use district subject to certain restrictions on the floor area ratio. /1// Page 2, Item - Meeting Date 4/21/98 DISCUSSION Site Characteristics The project site is the planned community of Sunbow II. This planned community consists of 601 acres including 1946 dwelling units (single- and multi-family) on 340 acres, 11 acres of commercial and 46 acres of industrial land, an elementary school site, and approximately 200 acres of open space (see Zoning Districts Map, attached). The Sunbow II Tentative Map was originally approved in 1990, and was subsequently extended in 1993. Final maps were approved in 1997 for 330 single family residences within two neighborhoods; these properties were subsequently purchased by the applicant, Fieldstone Communities. Zonin& and Land Use Zoning Land Use Site PC (Sunbow II Planned Community) Vacant, grading currently undelWay for residential North PC (Sunbow I), COP Single Family Residential, Sharp Hospital, and Medical Offices South R-l Single Family, Agricultural Single Family Residential, Landfill West R-l Single Family Greg Rogers Park; Single Family Residential; Schools East PC (Otay Ranch Planned Community) Vacant, future residential Proposal The proposed SPA amendments consist of the modification of the development standards contained in the Planned Community District Regulations. The proposed amendments apply to the RS Single Family land use district, and would change the sideyard setbacks from 10' on one side and 3' on the other (written as 13'/3', minimum total/one side) to 5' on each side (written as 10'/5', minimum total/one side); further, they would increase the maximum floor area ratio from 50% to 55%. The applicants have stated that these changes are necessary in order to provide a product that will be competitive with other area developments with respect to both layout and square footage. As noted, the applicant recently purchased an area within Sunbow II designated for approximately 330 single family residences; the applicant thus owns a relatively small portion of the RS zoned /~/2 Page 3, Item - Meeting Date 4/21/98 lands. However, Ayres Land Company, which owns the balance of the property within Sunbow II, has indicated concurrence with the proposal (see letter, attached). Analysis The RS land use district within Sunbow II encompasses 258 acres and a total of 1035 single family units, each of which would be subject to the new regulations. Staffhas compared the requests with the standards developed for similar land use districts in other planned communities. With respect to the sideyard setbacks, the 5' on each side requested is found in a number of other areas including Rolling Hills Ranch, Eastlake, and Rancho del Rey. The 3' sideyard can present drainage issues, and although the minimum 10' sideyard on one side provides the opportunity for access to the rear yard, it was established for traditional single family lots developed at 7,000 sq .ft. and at a minimum width of 60'. With a minimum lot width of 50' as in the case of Sunbow, meeting the existing setbacks of 10' and 3' results in a house width of 37'. With respect to the proposed increase in the allowable floor area ratio, staff has found that this request is consistent with the allowable floor area ratio in other planned communities and is in keeping with other development standards. As a reminder, floor area ratio relates to building bulk limit, and is a ratio ofthe total building square footage (first and second floor combined) to the lot square footage. A 6,000 sq.ft. lot with a floor area ratio of 55% would be allowed a house size of 3,300 sq.ft. including garage, whereas a maximum 50% floor area ratio would allow 3,000 sq.ft. The following chart depicts the permitted floor area ratio in certain other planned communities. RS Land RDR RDR RDR Rolling Sunbow II Sunbow II Use District: I II III Hills (SF3) Existing Proposed Minimum lot size 5,000 5,000 5,000 5,000 5,000 5,000 Minimum average 6,000 6,000 6,000 ilia 6,000 6,000 Minimum lot width 50 50 50 50 50 50 FAR 50% * 55%* 55% * 60% 50% 55% Sideyard Setbacks 10/5 10/5 10/5 10/5 13/3 10/5 (minimum total/one side) * May be modified with Site Plan approval It should be noted that standards applicable to Eastlake are similar to those above, and were not presented in this table only because they are formatted differently (that is, they are presented as a maximum building square footage or a maximum lot percentage, whichever is greater). /I~;S Page 4, Item - Meeting Date 4/21/98 As evidenced by the preceeding chart, the proposed amendments would clearly be consistent with the development standards utilized by a number of other planned communities within the City Planning Commission Discussion On March 25, 1998, the Planning Commission considered this proposal. At that meeting, two residents of Laurel Street, whose homes abut the Sunbow areas now being graded which would be subject to the new regulations, addressed the Commission voicing objections to the proposal. The residents expressed their concerns regarding the existing approved plan, and stated that they did not want to see even larger homes (on smaller lots) built behind their homes (please see attached Planning Commission minutes and map depicting speakers' locations). Although the proposed setbacks would not affect the size of the houses which may be built, the increased floor area ratio would allow slightly larger houses ( an additional 300 square feet for the average 6,000 square foot lot). The proposal would have no effect on the lot square footage. As a result of the discussion that ensued, a compromise was offered which would approve the requested floor area ratio for the RS land use district, excluding those lots which are adjacent to existing, R-l zoned single family homes. This solution was acceptable to the residents and the applicant, would address the concerns stated, and was therefore approved by the Planning Commission. Conclusion The modifications requested would result in a residential product that would be commensurate with other products currently under construction with respect to layout and square footage. A condition has been added which precludes the new floor area ratio from being utilized on lots adj acent to existing R-l zoned single family homes, thereby addressing concerns expressed by certain neighbors. Staff therefore recommends approval of the proposed amendments to the Sunbow II SP A Plan Planned Community District Regulations, in accordance with the attached draft City Council Resolution which includes a restriction on lots adjacent to existing R-l zoned single family residences and a condition that the applicant be required to update Sunbow's Residential Design Criteria (which supplement the PC District Regulations) to reflect the new setbacks and floor area ratio. FISCAL IMP ACT The applicant has submitted a deposit to cover all costs associated with processing this application. Attachments .. 1. Planning Commission Resolution 'NOTSCA...~ 2. Planning Commission Minutes, March 25, 1998 meeting NOT SCANNED 3. Zoning districts map 4. Letter from A,yres Land Co. NOT SCANNED 5. Adjacent ResIdent Map 6. Disclosure Statement NOTSCÂ.1~o/;" 'I ORDINANCE NO. c273/ AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING SIDEY ARD SETBACKS AND FLOOR AREA RATIO 1. RECITALS A. Project Site WHEREAS, the property which is the subject matter of this resolution is diagrammatically represented in Exhibit "A" attached hereto and incorporated by this reference, identified as the Sunbow II planned community, ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on January 30, 1998 Fieldstone Communities ("Developer") filed a Sectional Planning Area plan amendment application with the Planning Department of the City of Chula Vista and requested approval of amendments to the SPA plan's Planned Community District Regulations to change the sideyard setbacks from 13'/3' (minimum total/one side) to 10'15', and to increase the allowable floor area ratio from 50% to 55% in the RS Single Family Land Use District ("Project"); and, WHEREAS, representatives of Ayres Land Company, which owns the remaining land within the Sunbow n planned community area, has provided written confirmation of their concurrence with the requested modifications; and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of a General Development Plan, Sunbow II previously approved by City Council Resolution No. 15427 ("GDP") and the Sunbow II Sectional Planning Area Plan previously adopted by City Council Resolution No. 15524, both approved on February 20, 1990; and the Sunbow II Tentative Subdivision Map (CVT 90-07) previously approved by City Council Resolution No. 15640 on May 22, 1990; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on /y-~ said project on March 25, 1998, and voted to recommend that the City Council conditionally approve the Project, based upon the findings listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on April 21, 1998, on the Discretionary Approval Application, received the recommendations of the Planning Commission, and heard public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, detennine and resolve as follows: IT. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on March 25, 1998, and the minutes and resolutions resulting thereffom, are hereby incorporated into the record of this proceeding. ill. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has detennined that this project is exempt ffom environmental review under CEQA as a Class 5(a) exemption, minor alteration in land use. N. SPA FINDINGS A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY WITH THE SUNBOW IT GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amendments have no impact on the Sunbow IT General Development Plan and the Chula Vista General Plan. B. THE SUNBOW IT SECTIONAL PLANNING AREA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The sideyard setback and floor area ratio amendments do not affect the sequence of development within the Sectional Planning Area plan area. /i~~ C. THE SUNBOW IT SECTIONAL PLANNING AREA (SPA) PLAN AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The sideyard setback and floor area ratio modifications requested are minor in nature. In order to ensure that adjacent residents will not be impact, the developer has agreed to conditions which preclude an increase in the floor area ratio adjacent to existing single family homes. Therefore, these amendments will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. V ADOPTION OF SPA In light of the findings above, the amended Sunbow II Sectional Planning Area (SPA) plan consisting of the modification of the sideyard setbacks from 13'/3' (minimum total/one side) to 10'/5', and to increase the allowable floor area ratio from 50% to 55% in the RS Single Family Land Use District with certain exceptions, is hereby approved and adopted in the form presented and attached as Exhibit "B". VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention ofthe City Council that its adoption ofthis Resolution is dependent upon the enforceability of each and every term provision and conditions herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. . Presented by Approved as to form by CL-¡vl~~ Robert A. Leiter John Kaheny Planning Director City Attorney ) t/~ ? Lë)R ~ APPUM SUNBOW South at Tele . . PR OJE[;T DES MIS CRIFTlON: - gJãDn, Canyon Road CELl. AN ' ... I '"' OiL.! Request . 'I' EOUS ,t_!" 1- FILE NUMBER: / /~ ......... ~~ -- EXHIBIT "B" - 2.3 Property Development Standards þ~ General Standards: - The following Property Development Standards shall apply 10 a111and and buildings, other íhan accessory buildings, permitted in 1hcir respectÏve residential 1anduse disttict. The use of the symbol "SP" indicates that tbestandard is established by the approval of a Site Plan. Dbnensions and standards are mlnlnmm,. Minor variations may be permitted subject 10 site plan or tract .map approval providing that the mlnl"mm, Epecified herein are maintained as average mlnimnms. Lot widths and deptbsare typical mi"imums but may vary sligbtlywith irregular shaped lots and site speciñc conditions. The parking standards for a planned Senior Citizen or "afforàa.ble" residential development may be reduced :from those specified herein Îor the district in whicb it is located at the discretion of the City Council through the c.UY. procedure. RESIDENTIAL PROPERIT DEVELOPMENT STANDARDS RS RP RM RC VC 1. Lotarea (in net OOO's 5.0 3.5 SP SP SP S.F.) Minimum Minimum average 6.0 .4.0 - - - 2. Lot width (in feet) 50 40 SP SP SP mmlmum Minimum average 50 45 - - - ... Lot depth (in feet) 90 70 SP SP SP ;). mlmmum 4. Lot Coverage 45/50. .50 SP SP SP (percentage) - 5. Floor Area Ratio ..50 .55 SP SP SP 6. Front yard setback (from Public Street RO.W.): - To direct entry 15 15 SP SP SP garage - To side entry 10 10 SP SP SP garage ) --- / Jr~1 ,12 - ¡ '+, ) RS RP RM RC vc - To main residence 15 10 SP SP SP 7. Side yard setback: a. to adjacent -BfH)" 10/5 SP SP SP residentia110t ( m in. total/one side) b. distance 10 10 SP SP SP betweeIl de1ached residential units c. to adjacent 10 10 SP SP SP street (corner lot) 8. Rear yard setback 15' 15*** SP SP SP 9. Building height, 28 28 SP SP SP . maximum z z z z Accessory bldg., 15 15 SP SP SP maxImum JO. P~king spaces per 2 (gar.) 2 (gar) 1.5 spl 1.5 spl nmt + 1 + 1 1 bdrm 1 bdrm guest on guest on unit, 2 unit, 2 street street s p / 2 s p / 2 bdrm b d r m mrit,2.5 mrit,2.5 s p /3 s P / 3 bdrm b d r m unÏt+ unit + * Lots with a gross area of less than 8,000 square feet shall have a lot coverage area of 50%, lots with a gross area greater than 8,000 square feet shall have a lot coverage area of 45%. ** Refer to Chu1a Vista Municipal Code 1924.120 - 13 /y~ / ¿;; - , - .--... -- - B. Site Plan Review for RP District: Notwithstanning the property development standards listed above, development within the RP District may be approved with reduced standards through approval of a Site Plan. c. Group Parking Standards for RM and RC Land Use District: The parking requirements include 03 spaces for guest parking. If more than one space per dwelling unit is assigned to the dwelling, then the required guest parking spaces shall be marked and clearly identified as guest parking. The guest parking spaces shall not be permitted to be assigned to individual dwe~g uriits. D. Candidate Church Site: A minimum of 5 acres of land shall be set aside and held in reservation for religious institutions whose principal use shall be places of worship. The reservation shall carry with the land for a period not-to-exceed five (5) years from the approval date of this Sectional Phmning Area. If within such time said acreage is not secured on ~ "\ either site, these acres shall revert to the underlying adopted Zoning districts, and development shall be permitted thereon according to the provisions of this text. 25 acres within Planning Area 6 has been identified as one of the sites. Another potential site is south of Orange Avenue, in Planning Area 23, where the "Church Campus" concept may be approved. If situated in this Industrial Park location, additional acreage shall be added to the total, to be not less. than 25 acres. E. Affordable Housing and Age Restricted (Senior) Housing: Sunbow Planned Community shall provide for up to 10% of the .dwelling unit total of the Planned Community in Affordable Housing. Said housing shall be provided on a for-rent or for-sale basis at the builders discretion and according to City adopted guidelines. Said housing may be provided in any of the following Planning Areas: 6, 7, 10, lOA or 11. . The full provisions for density bonuses permitted by State and City policies and regulations shall be applicable to the P-c. F. Parking Standards for Affordable and Age Restricted Housing: Parking standards may be reduced from those specified for the RM District, for -J projects which are restricted to Affordable and Senior Citizens (age 62 and Jrr/7rrlt ,14 A TT/JCHMé¡{)( 1- RESOLUTION NO. PCM-98-27 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SP A) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING SIDEYARD SETBACKS AND FLOOR AREA RATIO WHEREAS, a duly verified application for an amendment to the Sunbow II Sectional Planning Area (SPA) plan was filed with the Planning Department of the City ofChula Vista on January 30, 1998 by Fieldstone Communities ("Developer"); and, WHEREAS, said application requests amendments to the Sunbow II Planned Community District Regulations to change the sideyard setbacks from 13'/3' (minimum totaVone side) to 10'5', and to increase the allowable floor area ratio from 50% to 55% in the RS Single Family Land Use District; and, WHEREAS, the Environmental Review Coordinator has determined that the project is exempt from environmental review under CEQA as a Class 5(a) exemption; and, WHEREAS, the Planning Director set the time and place for a hearing on the proposed SPA plan amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., March 25, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the amendments to the Sunbow II SPA plan Planned Community District Regulations in accordance with the findings contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of March, 1998, by the following vote, to-wit: y /y //;J- AYES: Commissioners Davis, O'Neill, Ray, Taratino, Thomas, and Willett NOES: None ABSENT: Commissioner Aguillar Patty Davis, Chair ATTEST: Diana Vargas, Secretary 7 ( J Y/j;5 ATTACfiMEAJI ~ Planning Commission Minutes - 3 - March 25, 1998 \he Environmental Coordinator has indicated that he needs more than two weeks to do the re 'ew, hence, staff's recommendation to continue the hearing to April 22. Chair vis stated that she had read that the transfer of environmentall ensitive lands is exempt fr CEQA review; its not like we're changing what we're co eying, just the order of conveyan e. Rick Rosaler res nded that the Findings of Fact specifically ated that the first conveyance would be in the 0 Valley parcel. The question remai , how do we go about modifying those findings in a sh period of time. / / Mr. Tuscher stated he wo Id speak on an issue h was reluctant on addressing, and offered clarification that the origina pplication that wa filed on October 17, 1997 was revised due to a City-initiated request to c nge the appli ion on January 30. He stated they have tried to remain consistent to the origin I applicati n thereby staying clear, relative to CEQA issues. Following one of staff's suggested tions, 0 file another application that is identical to the one that was filed on October 17, and st new process that will take another seven months, is unacceptable. Mr. Tuscher stated his understandi g that en an application is filed, which is deemed to be completed, it starts a 45-day revi w process ordinance; that should have been done. Staff took a position on that appli tion on Janua 30th. If that initial review process was not complete, it is his understan ng that you are cle to proceed with the project. Ann Moore, Assistant Ci Attorney clarified two issue that are before the Commission. The first, as previously sta d will require further review f the environmental documents. Secondly, with respe 0 expanding the conveyance sched as being proposed by both Mr. Tuscher and Mr. Fu uyama. An application has not been s mitted for this proposal; the original application as amended, therefore, there was no CEQA alysis on this proposal. An Initial Study wo Id need to be conducted to determine wh her or not the current environmental ocument is adequate or whether there are other' sues that need to be reviewed. Mr. Kilkenn stated that although he is anxious to move forward to Counci , continuing this item to the Planning Commission meeting of April 22 was acceptable. MSC (T arantinolWillett) (5-0-2) to continue hearing to April 22, 1998. Motion carried. 3. PUBLIC HEARING: PCM-98-27; Amendments to the Sunbow II Sectional Planning Area (SPA) Plan consisting of modification of the Planned Community District Regulations to modify the required sideyard setbacks and allowable floor area ratio in the RS Single Family land use districts - Fieldstone Communities Inc. Background: Patty Nevins, reported the proposal is for two amendments to the development standards of the Sunbow II planned community. The requests are: 1) to increase the allowed ~I /)1 Planning Commission Minutes - 4 - March 25, 1998 floor area ratio from 50% to 55%, and 2) to change the required sideyard setbacks from 10ft. on one side and 3 ft. on the other, to 5 ft. on each side. The COP, SPA Plan, and the Tentative Map ofthe Sunbow project were all approved in 1990. The project was subsequently extended and in 1997 the current property owner filed for Final Maps for approximately 330 lots. Those lots have been purchased by Fieldstone Communities, the applicant for this project. Ayres land Company, who is the owner of the remaining land in Sunbow II has provided a letter indicating their concurrence with the request. The applicant would like to be able to provide a project that is commensurate with what other developers are building. In reviewing other projects, staff found that comparable lots of this size are commonly allowed to be developed at 55% floor area ratios and sideyard setbacks of 5 ft. Staff Recommendation: That the Planning Commission adopt resolution recommending that the City Council adopt the draft ordinance approving amendment to the Sunbow II Sectional Planning Area Plan and Planned Community District Regulations to modify the sideyard setbacks and floor area ratio in the RS Single Family land use district. Public Hearing Opened 7:32 James Nagel, 1427 laurel Avenue, Chula Vista, a 29 year resident of this area, stated he is concerned with the new development's compatibility with the neighborhood and opposes the increase in the floor area ratio, which his notice stated was an increase from 45% to 55%. Essentially the proposal is to build larger homes in smaller lots. He also stated that two-story homes are not compatible with the existing neighborhood. In addition, he has grave concern with the environmental impacts of this project with the removal of an open canyon that use to be behind his back yard, and is dismayed with the grading that has taken place in the last months and how the habitat of the canyon has been runned out. Patty Nevins stated that the figures of 45% to 55% in the notice is incorrect. The actual percentage is going from 50% to 55%, which is less of an increase. Secondly, with regard to two-story homes being built; the area where the Nagel's live is zoned R-1, allowing the conversion of single story to two-story homes, and speaks to the equity issue of where two-story homes can be built. Thirdly, there was an EIR done in 1990 and concluded that developme.nt could be placed there. Barbara Nagel, 1427 laurel Avenue, Chula Vista, stated she opposes the proposal because their back yard will be abutted by three lots since the proposal is to build larger homes on smaller lots. The density is too high and the proposed product is incompatible with the neighborhood. Jim Hansen, Fieldstone Communities, 5465 Morehouse Drive, San Diego, CA stated they are currently talking to another developer with regards to building at the site that abuts the Nagel's property, and they have indicated that they plan to build half of their product as single-story homes. They will be building four floor plans, which will vary in size from 1500 to 2200 sf with 2 single-story and 2 two-story. Fieldstone will be building north of Palomar and will build all two-story homes in that area. H.~. /Y~I Planning Commission Minutes - 5 - March 25, 1998 Mr. Hansen stated that their proposal is in line with other master planned community developments and request that their application be approved. Commissioner Tarantino asked if the applicant is making any effort to blend in to the existing 29-year-old neighborhood. Mr. Hansen responded that he could only speak to the area he will be developing and not the development that abuts the Nagel's property. He further stated that there is a SPA plan that spell out the architectural styles that have been dictated and what is required to be built according to that SPA plan. Peter Bosley, 1451 Laurel Avenue, Chula Vista, CA stated he lives in the lower portion where the developer is proposing to build 1500 to 2200 sf homes and he does not oppose the proposal, however, he would like to see it in writing. Public Hearing Closed 8:08 Commission Discussion: .. Commissioner Ray stated he had concern with the impact of the lower portion which abuts the existing older neighborhood. He asked if there was a way to isolate that portion from the rest and maintain the present FAR. Mr. Lee stated he could not speak for the applicant, but would offer an option that may resolve the concerns raised by the area residents, that being; that the proposed 55% FAR amendment would apply to all of the lots except those that are abutting R-1 single family zoning which is developed with single family homes. Mr. Hansen stated Mr. Lee's recommendation was acceptable to him. MSC (Ray/Willett) (5-0-2) that the Planning Commission approve the amendments to the Sunbow II Sectional Planning Area Plan and Planned Community District Regulations in the RS Single Family land use district to modify the s~deyard setbacks to 5 ft. on each side, and to modify the floor area ratio to 55% except in those lots that are abutting R-1 single family zoning developed with single family homes. Motion carried. 4. Consideration of a Special Planning Commission meeting on May 6, 1998. MSC (Ray/Willett) (5-0-2) to have a Special Planning Commission meeting on May 6, 1998. Motion carried. 5. 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March 9, 1998 ~ ~.'~\ ~ \ ,; '~ ;' " I. .': Y1A. FAX 619/6q1-5171 M.s. Patty Nevins Planning Depanm~nt crn- OF CHliLA VISTA 276 Fourth Avenu~ Chula vis!:- (.11- 9191 0 RE: SUNBO~' D~ar Ms, Nevins: Tnis lener will c~ni:fy that AC1 Sunbow, LLC agre~s to Fieldstone's request to modify Plann~d CoillIIlunÌ'ry Disr:ic! regulations by modifying Sunbow's side yard setback to 5/1 0 fe~t and allowing a 55% Door area ratio. If you have any questions. please give me a call at 619/544-9100. Sinc~rely, ACI SlJ}.¡'BOW. LLc, a California limited liabiliTY company B,': A Y"RES LlLND COMP.lLl\,TY, INc" a California corporation By: jrm M> \Villiam R. Hamlin P7incipal WRH:Ij 344 wm cc: i\nna Scan ¡ Fieldstone ff J!¿/Y 750 B Srreet.. Suite:370 San Diq!o. CA 91101 /619) 5J4-9100 /619) ~ FAX A-TT/I cft. S- ) PARKVlEW ELEMENTARY SCHOOL " PROJECT LOCATION :Þ <: m Z c: m C HULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPllON: C) APPLlCAm": PROJECT ADDRESS: ~ /;/ //1 SCALE: FILE NUMBER: NORTH No Scale PCM-98-27 h:\homelplanning\carlos~ocatorslpcm9827 .cdr 418/98 ~.......... ,-- Tr-F ,)F CHULA VISTA DISCLOSUR~ ~'ME."'l -, - - - - A- T7í4c-1f M 13"AJ r ~ You arc requIred to fit:,: a Statement of Ù¡sc!osure of certaIn ownershIp or llnanc:al Int:;r~\lS, paymentS, or campaign contrihutÎor'.5, on all mat!~rs which will require discrctionary action on thc pan of thc City CoL:ncil, Planning Commission. and all other 0 fiï::ia I bodics, ;:'1~ following information must bc disdoscd: 1. List th~ names of ;;.11 persons having a financial intcr~¡ in the propcrty which is the 5uhj~t of the appli::ation or the . cantia.:t, e.g., own~r, applicant, contractor. subcontractor, material supplier. FIELDSTONE COMMUNITIES, INC. 5465 MOREHOUSE DRIVE, SUITE 250 SAN DIEGO, CA 92121 - ., If any person- identified pursuant to (1) above is a corporation or pann~rship, list the names of all individuals owning morc than lO7"r of tDC shares in the corporation or ownlilg any panncrship inter:;.": in the pannership. , PETER OCHS - FIELDSTONE COMMUNTTIES. INC. KEITH A. JOHNSON-FIELDSTONE COMMUNITIES, INC. -,. If any person- identified pursuant to (1) above is non-profit organization or a trust, list the names of any person se:ving as dir~tor of the non-profit organization or as trustee or bendiciary or tJustOr of the trust. NjA 4. Have you had more than S250 wonh of business transacted with any member of the City staff. Boards, Commissions, Committees, and Council within the past twelve months? y~- No.xx... if ycs, pj~e indicate person(s): 5. PI~:: identify ~C¡¡ and ~very person, including any ag~ntS, employees, consultants, Dr independent ~nlïa.:tors who you r.ave assignee to represent you before the City in this matter. JIM HANSEN-FIELDSTONE COMMUNITIES, INC. ANNA SCOTT-FIELDSTONE COMMUNITIES, INC. DAVID DENNIG-FIELDSTONE COMMUNITIES, INC. 6. Have you and/or your ofii~rs or agents, in the aggregate, contributed more than Sl.DOO to a Counciimember in the cu:-renl or pr~ding election period? Yes- No....xx if yes, state which Councilmember(s): , . . (NOTE: Attach additional pages as 0='1') . . .~ Date: JANUARY 29, 1998 c ßiJ. Sign~ture of contractor,:Ipplicant ~ ANNA I Sr.OTT /lllj~ c:l-{) Print or type name of contractor/applicant . P=m/ is dc.fl11c:1 0:;; "AllY iJldi,'ic..:.:;!, finn. co-parm=iUp, joiru "allUre. a.ssoc:alloll.. .ocial club, frazCf7Qf or-¡;mUzauof~ cnrporariof~ auuc, uw::, rr=ava, syndicmt:, zhi.s mul any ozj¡~ CDum)', city and Coulltry, cÙy tnurucipafÙy, disrric:, or QUIa poiizical n.tbdi,'i.siOf!, Dr arry DUtO' group or cDfniJirlaUOf! acring 0:; a un.i!.. COUNCIL AGENDA STATEMENT Item J~ Meeting Date 4/21/98 ITEM TITLE: Public Hearing regarding the adjustment of the Telegraph Canyon Drainage Fee Resolution / 8"9 t~usting the Telegraph Canyon Drainage Fee as provided for in Ordinance No. 2384 SUBMITTED BY: Director of Public W ork~ ~ REVIEWED BY: City Manager -JG1 ~ ~ (4/5ths Vote: Yes - NoX) The fees established in 1990 for the Telegraph Canyon Drainage Basin improvements were last updated in 1992. At that time, however, due to various factors, the fee remained unchanged at $3,922 per acre. It is time to revisit this fee after six years and update it in accordance with the provision included within Ordinance No. 2384, using the Engineering News Record (ENR) "Construction Cost Index". Any increase in this fee must have Council approval. The subject resolution, if adopted, will increase the fee to $4,579 per acre. It is important to note that this fee increase is not to build additional facilities as contemplated in the current program, but is necessary to cover cost increases to build those original facilities. RECOMMENDATION: That the Council adopt the subject resolution adjusting the Telegraph Canyon Drainage Fee as provided in Ordinance No. 2384 to $4,579 per acre. BOARDS/CO MMISSI ONS RECOMMEND A TI ON: None. DISCUSSION: Background: In 1990, by Ordinance No. 2384, the City Council established the Telegraph Canyon Drainage Improvement District (District), enabling the City to assess a certain fee to improve the existing Telegraph Canyon natural drainage course. Council authorized the establishment of the District to include all of the undeveloped land within the drainage basin boundary. Ordinance No. 2384 adopted a drainage fee of $3,922 per gross acre of land being developed within the District. J S--- / Page 2, Item Meeting Date 4/21/98 The fee is required to be paid before the approval of any final map or before the issuance of any Building Permit, if no final map is required. Section 4 of the Ordinance included the provision that: The City Council shall periodically, but not less than once annually, review the amount of the fee established by this Ordinance. The City Council, by resolution, may adjust the amount of the fee as necessary to reflect changes in the Engineering News Record Construction Cost Index, the cost of the drainage facilities, changes in land use designation and other sound engineering and financing information. The ENR Construction Index, for June, 1990, was 4734.77 The ENR Construction Cost Index is a monthly composite figure of the cost of various construction material and labor costs as measured by Engineering News Record Magazine. As such, it is a much more accurate predictor of the effects of inflation on a typical construction project than the CPI or other measure of inflation. On August 13, 1992, an informational memo was presented to Council advising them that a fee adjustment had been looked at and that the fee should remain the same. The various determinants in this decision were: 1) Revised (upward) cost estimates for the channel work planned for the portion west of 1-805; 2) Lower, actual costs of completed sections east of 1-805 (under the estimated amount) and lower estimated costs of the segment under construction at the time of the review, and; 3) A revision in the District to exclude EastLake High School and the developed parcels already contributing fees to the District. All of these factors contributed to no net change in the recommended fee. Staff has not been able to review and increase the fees on an annual basis. Workload and staff shortages required that processing of major development projects take precedent and that this work item be a "back-burner" project. In hindsight, staff should have, at a minimum, notified Council of this decision and will insure that such notification is given in the future. Overall, the impact has been minimal because there was not excessive development in the Telegraph Canyon Basin since 1992. The following data is based on ENR 's Construction Cost Index for each year starting August, 1992, since Ordinance No.2384 was adopted on August 7, 1990, and the fee was determined to not need adjusting in 1992 because of various factors previously discussed. The table depicts the revenues lost by not updating the fees on an annual basis. /Þ~2 Page 3, Item Meeting Date 4/21/98 Actual Amt. ENR Const. Amount Incl. Lost Fiscal Year Collected Cost Index CCI Revenues 92 - 93 $0.00 5032 93 - 94 $307,293.00 5230 $319,384.00 $12,091.00 94 - 95 $150,054.00 5424 $155,620.00 $5,566.00 95 - 96 $503,753.00 5506 $511,369.00 $7,521.00 96 - 97 $227,162.00 5652 $233,186.00 $6,023.00 97 - 98 $111,055.00 5854 $115,024.00 $3,969.00 I Total $35,170.00 I The table indicates that only an additional $35,170 would have been collected over the time period if the fees had been increased annually by the ENR index. This amount in minimal and is not reflected in the proposed increase. Fee update: Considering the amount the ENR Construction Cost index has increased staff recommends an update to the fee as provided for in Ordinance No. 2384. The following shows the methodology in adjusting the fee: ENR Construction Cost Index - August, 1992 5032.16 ENR Construction Cost Index - March, 1998 5875.44 Increase in Index (5875.44 + 5032.16) 1.1675 Revised Fee ($3,922.00 x 1.1675) $4,579.00 This represents an increase of 16.75%. Staff is completing plans for Phase I of the Telegraph Canyon Drainage project between Country Club Dr. and "L" St. Staff will be analysing a detailed cost analysis during the next year to re-evaluate the proposed fee. All property owners within the fee district boundary have been notified of tonight's meeting. FISCAL IMP ACT: An increase of $657.00 per undeveloped gross acre within the current boundary of the Telegraph Canyon Drainage Improvement District. With an estimated 168 acres being developed per year over the next five years (as was used in the budget forecasting), the annual total increases from $658,896 to $769,272 or a difference of$110,376 per year in the District's fund. Attachments: 1) Ordinance No. 2384 - N"~"1>" '~..J ~ 2) Memo to Council from J. Lippitt dated August 13, 1992 ; 3) Plat showing District boundary' H:\HOME\ENGINEER\AGENDA \ TC - DIF.JWH Dept. File: 0730-IO-A Y -076 /S/3 ,~ RESOLUTION NO. / fr9 ¿;~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADJUSTING THE TELEGRAPH CANYON DRAINAGE FEE AS PROVIDED FOR IN ORDINANCE NO. 2384 WHEREAS, in 1990 the City Council established the Telegraph Canyon Drainage Fee by Ordinance No. 2384 for drainage improvements identif ied in the Telegraph Canyon Drainage Plan ("Drainage Fees"); and WHEREAS, Section IV of ordinance No. 2384 provides that the Drainage Fees may be adjusted as necessary to reflect changes in the Engineering News Record (ENR) Construction Cost Index, the cost of the drainage facilities, changes in land use designation and other sound engineering and financing information; and WHEREAS, the ENR Construction Cost Index is a monthly composite figure of the cost of various construction, material and labor costs as measured by the Engineering News Record Magazine and is a accurate predictor of the effects of inflation on a typical construction project; and WHEREAS, an increase to the Drainage Fee was last considered in 1992, however the fee remained unchanged for various factors; and WHEREAS, staff believes that after six years with no adjustment to the Drainage Fee considered by the City Council it is time to revisit the amount of said fee; and WHEREAS, a noticed public hearing was held by the City Council on April 21,1998 to consider an adjustment to the Drainage Fee; and WHEREAS, the amount of the ENR Construction Cost Index has increased since the adoption of the Drainage Fee, staff recommends an adjustment to the Drainage Fee, as provided for in Section IV of Ordinance 2384, to ensure that the facilities identified in the Telegraph Canyon Drainage Plan will be built as needed, and WHEREAS, the following methodology is recommended for adjusting the Drainage Fee: ENR Construction Cost Index - August, 1992 $5032.16 ENR Construction Cost Index - March, 1998 $5875.44 Increase in Index ($5875.44 + $5032.16 1.1675 Revised Fee ($3922.00 x 1.1675) $4579.00 1 /S~f NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby adjust the Telegraph Canyon Drainage Fee as provided in Ordinance No. 2384 to $4,579 per acre in accordance with the methodology described herein. Presented by Approved as to form by (L- rf\IL~ ~ John P. Lippitt, Director of John M. Kaheny, City Attorney Public Works c: \rs\TCDif .adj 2 /f~)5-/C / ORDINANCE NO. 2384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING TELEGRAPH CANYON DRAINAGE PLAN AND ESTABLISHING THE TELEGRAPH CANYON DRAINAGE FEE ïhe Ci ty Counei 1 of the City of Chula Vista, California does ordain as follows: SE:nON I. Findings and Determinations. The City Council of the City of :hu;¡; V~stê., California, hereby makes the following legislative findings and determi na ti ons: A. Development in the Telegraph Canyon Drainage Basin requires the construction of drainage faci 1 i ti es which are additional to drainage facilities serving the area at the time of adopti on of this ordinance. B. A report entitled, "City of Chula Vista, California, Telegraph Canyon Ora i nage Pi an , II dated June 6, 1 990, and on fil e wi th the City Cl erk, establishes the boundaries of the Telegraph Canyon Drainage Basin, the boundaries of the Telegraph Canyon Drainage Improvement Di stri ct and the boundari es of the area of benefi t of the Telegraph Canyon Drainage Improvements, the extent of the additional drainage facilities needed to accommodate new development in the Drainage District and a proposed allocation of fees to pay for the drainage facil i ti es. The Telegraph Canyon Drainage Plan is hereby approved as the pi an for constructi on of planned local drainage facilities for the Telegraph Canyon Drainage District. ~ The Tel egraph Canyon Drai nage Pl an is consi stent wi th the Ci ty I s v. General Plan and will ensure that increased surface and storm water runoff resulting from or attributable to new development within the drainage basin will be removed in a manner which furthers the public health, safety and welfare. In addition to participation in the construction of the planned drainage facilities as set forth in the Drainage Pl an, developers of property within the Drainage District wi 11 be required to construct other on and off site drainage facilities as a condition of development pursuant to existing laws and policies of the City. D. The development of property within the Telegraph Canyon Ora i na ge Basin will require the constructi on of those drainage faci 1 i ti es descri bed in the Telegraph Canyon Drai nage Pi an and other on and off site drainage facilities. Properties within the Drainage /5/1, Ordinance No. 2384 Page 2 Oi stri ct s-hown in the Orai nage Pl an benefi t by constructi on of the drainage facilities set forth in the Pl an to the extent that payment of the fee and construction of the drainage facilities will allow_the properties to be developed according to the general plan. - E. For the reasons set forth in the Telegraph Canyon Drainage Plan and in the reports relied upon and referenced in that Plan and based upon the City.s General Plan, and the matters presented to the City Council at the public hearing at which this Ordinance was considered and the 1 aws and policies of the City relating to development of property, the City Council makes the following additional legislative findings and determinations: 1. The Planned Drainage Facilities as described in the Telegraph Canyon Drainage Plan are required in order to accommodate the surface and storm water run off resulting from development of property within the Telegraph Canyon Drainage District. The estimated cost of the proposed facilities are based upon standard engineering practices and are reasonably determined. The Planned Drainage Facilities described in the Pl an are necessary to all ow development of properti es within the District and to mitigate the impact resul ti ng from the development of those properti es. Therefore, each property should contribute to the cost of the facilities based upon a flat amount per gross acre as set forth in the Drainage Pl an. The fl at, per acre fee estab 1 i shed by thi s Ordi nance is reasonably and fairly apportioned based upon the benefit conferred upon each property or upon the need for the facilities created by the development of property within the Drainage Improvement Benefit Area. 2. There is a reasonable relationship between the use of the fee for the constructi on of the Pl anned Drai nage Faci 1 i ti es and the development of the property within the Drainage basin because development increases run off and retards the natural abil ity of the undeveloped 1 and to absorb stonn and surface . waters. 3. There is a reasonable relationship between the construction of the Pl anned Drai nage Faci 1 i ty and the vari ous 1 and uses for the property set forth on the Ci ty I S General Pl an because; the run off and surface water diversion resulting from:~ development of the property as shown on the City I S General ~.. Pl an wi 11 on the average be the same for the va ri ous land> uses permitted within the Plan area. 4. The amount of the fees to be collected pursuant to thisf Ordinance does not exceed the estimated cost of providing the; facilities. If, at any time, it appears that the amount of: the fees will exceed the estimated cost of the proposed:. facilities, i ncl udi ng all administrative and i nci dental. , costs, then the fee shall be adjusted accordingly. JÞ~/ Ordinance No. 2384 Page 3 SECTION II. Detennination of Costs. The City Council finds that the total cost of providing the planned drainage facility as estimated in 1990 is $7,745,100.00. If the costs are apportioned unifonnly on a per acre ba~;~ to the benefited properties as shown in the Telegraph Canyon Drainage Plan, the pro rata charge for each gross acre would be $3,922.00. '", " 1 SECTION III. Drainage Fees Established. A drainage fee in the amount of '~ $3,922.00 per gross benefit acre of undeveloped land is hereby established for ,~, each development project within the Telegraph Canyon Drainage Benefit area. ," The fee is a requirement of each development project, tentative map, tentative :~ parcel map, or building pennit within the benefit area and shall be paid l before the approval by the City of the development project. For any ; development for which a fee was not paid at the time of approval of the final ! map or parcel map, the fee shall be pai d before the issuance of the fi rst I building pennit for the development. Payment at the time established by this t Section is necessary to assure that the drainage facilities identified in this ! Plan may be constructed concurrent with need. . :l l For the purpose of detennining fees, gross benefit acreage shall mean all t 1 and area wi thi n the outermost boundari es of a subdi vi si on or devel opment I, including all areas dedicated for public streets. The fees- for fractional -..,' :I acreages shall be prorated. The Tel egraph Canyon Road ri ght-of-way and the -i Tel egraph Canyon channel easement are excl uded from the gross benefit acreage. .. '~ ~. SECTION IV. Adjustment of Fees. The City Council shall periodically, ! but not 1 ess than once annually, revi ew the amount of the fee establ i shed by I. this Ordinance. The City Council, by resolution, may adjust the amount of the ! fee as necessary to reflect changes in the Engineering News, Record l Construction Index, the cost of the drainage facilities, changes in land use designation and other sound engineering and financing infonnation. The ENR Construction Index, for June, 1990, is $4,734.77. SECTION V. Use of Fees. The fees collected pursuant to this Ordinance shall be deposited in a separate fund as designated 'by the Finance Director ,c and shall be expended only for the following purposes: " A. To pay for the constructi on of faci 1 i ti es by the Ci ty, or to . reimburse the City for facilities installed by the City with funds from other resources; B. To reimburse developers or subdi vi ders of property who have ,.-,;" installed all or a portion of the Planned Local Drainage Facilities; "~ C. To repay indebtedness incurred by the City to construct the Planned -;~ Drainage Facilities should the City Council detennine to incur such ;:;¡ indebtedness; . ~ c" - - - :.:e;¡ ': :r-: ; - D. To reimburse- the City for the cost' of' engineering, and .=~ administrative se:-v1c~s to fonD the district, establish the fee and - .~~ r- construct the facllltH:S. )~ r <?-" ,;¡ ~- - , ':1<~ ':::',.' , - .::.~ Oròinance No. 2384 Page 4 SECTION VI. Construction of. Facilities of Subdivider. The City may requi re, as a condi ti on of approval of a subdi vi si on, that the subdi vi der contract or. fi nance the constructi on of all or: a porti on o.f the Pl anned Drainage Facilities. If such a requirement is imposed~ the subdivider shall receive a credit against the fee imposed by,this Ordinance in an amount'equal to the actual cost of constructi on, i ncl udi ng i nci denta 1 expenses, of the faci 1 i ti es as veri fi ed and approved by the Ci ty Engi neer. If the actual constructi on cost exceeds the amount of. the fee whi ch woul d otherwi se be imposed, the Subdi vi der may request to be reimbursed for the di fference from fees collected by the City. The reimbursement shall be made pursuant to a reimbursement agreement entered into between the City and Subdivider. SECTION VII. Credit for Fees Previously Paid. Whenever a building pennit is issued fora development project -property for which the fees established by this Ordinance were paid at the time of receiving a parcel map or final map, or the Drainage Facilities were constructed by the developer Dr subdi vi der of the property, a full credi t for such payment of constructi on shall be given against the fee due as a condition of the building pennit. SECTION VIII. Applicability to land Within County. For those areas' of the Drai nage Distri ct wi thi n the County of San Di ego, the foll owi ng provi si ons shall apply: .' A. Upon annexation to the City, this Ordinance shall immediately . become applicable to property located outside of the jurisdiction boundari es of the Ci ty on the date of adopti on of thi s Ordi nance. " B. . Pursuant to Section 66453 of the Government Code, the City Engineèr shall file a map of the Telegraph Canyon Drainage District with the . County of San Diego, and shall request that all subdivisions wholly or partially within the District be referred to the City Engineer for a recommendati on. The Ci ty Engi neer shall revi ew each map for compliance' with the Drainage Plan.' and shall reconmend such ..conditions or exactions which will ensure that any subdivisioñ approved by the County. shall comp ly wi th the provi si ons of the Drainage Plan. C.' The, City shall work with and encourage the County of San Diego to adopt the Drainage Fee for the unincorporated area within the drainage basin. . ~ SECTION IX. Exemptions. The following development project from the provisions. of. this Ordinance. .- 0 . -. .. - . , - . - . . '-:;e " SECTION X. Definitions. For the purpose of this Ordinance;: the. following .words. or phrases shan be construed as defined in this Section;';~. F unless from the context, ; t appears that a. rli fferent: meaning is intended. .,~; )", .~.~.:.;-:~'-; ~..: '~:.. A. IIBui 1 di ng penni tIt means a penni t requi red by and i ssued pursuant to ~ the Uni fonn Bui 1 di ng Code as adopted by reference by thi s Ci ty. " , I /Sr/ I , : E r Ordinance No. 2384 Page 5 B. IIDevelopment project or 'developmentll means any activity described in Section 66000(a) of the Government Code and includes, but is not limited to, any acti vi ty which resul ts or may resul t in the physi ca 1 a 1 terati on of 1 and requi ri ng a subdivision map, zoning permit or approval or permit to build. C. "Drainage District" means the Telegraph Canyon Drainage District as described in the Tel egraph Canyon Drainage Plan, prepared by Willdan Associates and approved by this Ordinance. D. "Drainage Improvement Benefit Area II means the Telegraph Canyon Drainage Improvement Benefit Area described in the Telegraph Canyon Drainage Plan. E. IIDrainage Plan" means the Telegraph Canyon Drainage Plan. F. "Planned Drainage Improvement" means the speci fi c drainage improvements described in the Drainage Plan. SECTION XI. Procedure for Fee Wai ver or Reducti on. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this Ordinance is unconstitutional, or unrelated to purposes for which th~ fee ;s imposed or to the burdens of the development, may apply to the City Council for a waiver or reduction of the fee. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit appl i cati on for the proj ect ; s given, or if no development pennit is required, at the time of filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. The City Council shall consider the application wi thi n si xty (60) days after its filing. The deci si on of the Ci ty Council shall be final. If a reduction or waiver is granted, any change in use within the proj ect shall subject the development to payment of the fee. The procedure provi ded by this Section is addi ti ona 1 to any other procedure authorized by 1 aw for protesting or challenging the fee imposed by this Ordinance. SECTION XII. Authori ty. This Ordinance is adopted pursuant to the City's constitutional and charter pol icy and taxing powers and pursuant to Government Code § 66000 et seq. This ordinance shall- be-effective thirty (30) days after its adopti on. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published pursuant to the provisions of City Charter Section 312. -- ìib¡~;J fom ~3//Þ Ordinance No. 2384 Page-6 PASSED~ APPROVED, and. ADOPTED by: the 'City' Council of the City of Chula Vista, California, this 7th day of August, 1990, by the following vote: AYES: í Councilmembers: - Moore, Nader, Cox NOES: Counci1members: None ABSENT: Counci1members: Malcolm, McCandliss ABSTAIN: Councilmembers: None I. ,- :; /i ~ ÞlÞt.,..~ !<.. (....ÞX Grego~ V Cox, Mayor AmST: -¡ ,'" /ì /:. '-----%--/ ;' / I / .¡. IÍ ¡7 ¡; /l~~ U. !Tc-Øt:ú/ci::, Beverly.p.. Authelet, c,ty Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista,. California, do hereby. certi fy that the foregoi ng Ordinance No. 2384 had its fi rst readi ng on July 24, 1990, and - ; ts second readi ng and adopti on at a regul ar meeti ng of said City Council held on the 7th day of August, 1990. Executed this 7th day of August, 1990. /ì ( .I / ,; / r ~~/U::jj¡ Ít. (LiL.(/llil Beverly AI. Authelet, City Clerk )þ-)/ -è.),~,~_.r.\è~" -- -'-.. , . - ".~. -:-:"-. ".'.. ~f~QRABI!I!~ ~ -- August 13,1992 File: AY-O76 TO: The Honorable Mayor and City Council VIA: John Goss, C;~ Managerj? ~ FRCJt: John lippitt, Director of Public Work~ SUBJECT: Telegraph Canyon Drainage Fee - Update On August 7, 1990 the City Council adopted Ordinance No. 2384 (attached) which established a drainage fee of $3,922 per gross benefit acre to provide for additional drainage facilities to accommodate new development in the Telegraph ( Canyon Creek Drainage District. Pursuant to sect ion IV of said ordinance, Engi neeri ng Department staff has conducted a study to revi ew and update the fee (study attached). Following are the adjustments made and the conclusions of the study: a. The total cost of the improvements to be financed by the fee is $6,221,500 (see Table 1). The cost of the improvements east of 1-805 has been updated using actual bid prices and construction estimates. Channel segments 1 and 2 are based on fi na 1 construction prices. Segment 3 i s based on Contracts awarded by the City of Chula Vista. The construction cost est i mate of the channel west of 1-805 was updated to March 1992 using the Engineering News Record (ENR) construction index. Low bids and final construction prices for the channel segments located east of 1-805 have offset the cost increase of the westerly portion. b. The original list of undeveloped parcels within the benefit area has been revi sed to account for: 1) paid drainage fees, 2) approved credi ts, 3) removal of EastLake Hi gh School from the Di stri ct and 4) mi sce 11 aneous adjustments due to new Assessor parcels mapping. Forty-eight (48) undeveloped parcels with a total area of 1,587.06 acres still remain within the boundaries of the District. c. The fee is based upon the above mentioned adjustments is estimated to be: Revised cost of Imorovements $6.221.500 3,920.14jacre Revise benefit acreage : 1,587.06 acres = SAY $3,920jacre No Council action is required if the fee is not adjusted. Since the ordinance calls for an annual review, Council will be presented with a proposed change in the fee or a summary similar to this' one next fiscal year. Based on the items indicated, we recommend that the current fee of $3,922jacre continue to be levied against any new developement within the Telegraph Canyon. Drainage district. Unless otherwise instructed, staff will continue charging $3,922 per acre. WPC 6070£ /þ-/;¿ PROOF OF PUBLICATION This space is for the County Clerk's filing stamp (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and Proof of Publicaton of: a resident of the County aforesaid; I am -_~_~_!9]_~Q__------------------------------------ over the age of eighteen years, and not a party to or interested in the above- NOTICE OF HEARING ------------- --------------------- entitled matter. I am the principal clerk NtTICE OF PUBUC of the printer of the STAR-NEWS, HÉARINGS BY THE a CHULA VISTA CITY newspaper of general circulation, pub- COUNCllCHULA VISTA. ~ORNiA lished ONCE WEEKLY in the city of NOTlè~IS HEREBY notice GIVEN THAT THE( Chula Vista and the South Bay Judicial CHULA VISTA CITY COUNCIL will hold ae District, County of San Diego, which public hearings to consider newspaper has been adjudged a news- the following: I Approving a resolution paper of general circulation by the adjusting the Telegraph Canyon Drainage Basin Superior Court of the County of San Fee. For further infor- mation, call the Depart- Diego, State of California, under the ment of Public Works, Engineering DivisIon, at date of April 23, 1951, Case Number 691-5021. 182529; that the notice, of which the Amendments to the Sunbow II Sectional Plan- annexed is a printed copy (set in type ning Area plan Planned Community District Reg-. not smaller than nonpareil), has been ulations, RS Single Family land use district. For published in each regular and entire ¡ further information, call Patty Nevins, Project issue of said newspaper and not in any Planner, at 691-5105. If you wish to challenge supplement thereof on the following the City's action on these dates, to-wit: matters in court, you may be limited to raising only those issues you or some- 4/11 one else raised' àt the public hearing described in this notice, or in written all in the year 1998 correspondence delivered , to the City Clerk's Office at or prior to the public hearing. I certify (or declare) under penalty of SAID PUBLIC HEAR- INGS WILL BE HELD BY perjury that the foregoing is true and THE CITY COUNCIL on Tuesday, April 21, 1998, correct. at 6:00 p.m. in the Council Chambers, Public Servi- ces Building, 276 Fourth Dated at Chula Vista, California 91910 Avenue, at which time any person desiring to be heard may appear. DATED: April 8,1998 CV10730 4/11/98 this 11 Signature PRIN J5/11 ~! , . ' . I . I, . - = Ii c'l Ü :. ~i! c I: E ! ; II ¡~ '-- ~ 1= ZZ 0111 . >1 2111 8~... a=5æ 0 ~~-- ¡~ :I: D. II: a. IL~I- < r- eI-!! :æ a:: w Œllla w In :E ~ ~ ,,~ ~~ Z z:i a:: ~ Z ~ ~a:: w a/5 ü1 >- w< In Wa: >~ :E ~ CJ >< 0- ~ 0 a: .J- 00 a::lL. Z 0 ~ I g:z D.~ >- OJ lIIeI Z :E5 ~w Z en ~ w -CD CD w a: t-Œ "w W::EO W "ö ~ö en ~ffi ~ a < -en CDw Zä: Za: w ~:E en <~ <t) ~ en~ en a::~ a:- < <z < oc cc i I ""I § Page 1, Item /~ Date: 4/21/98 COUNCIL AGENDA STATEMENT Item Title: Resolution /~9¿? '. fu d h E C . d . approprIatIng n s to t energy onservatlOn Fun to contInue telecenter operations through the end ofFY 97-98 and directing staff to include $15,000 for telecenter operations for FY 98-99 budget. Submitted by: Barbara Bamberger, Environmental Resource Manag~ Reviewed by: ::~:::~c~ ~~ {~~ (4/5th vote: Yes X No -) As part of the adoption of the FY 97-98 budget, Council was given the option to continue operation of the H Street Telecenter with $15,109 in general fund support. This request was placed on a wishlist and due to competing general fund priorities, funding was not approved. As a result of this action, staff returned to Council on August 26, 1997 requesting authorization to appropriate grant funds and revenues remaining at that time, allowing the telecenter program to continue operating through April 1998. This gave staff until the end of March 1998 to obtain additional grants to continue operating, but if no grants came through by that time, Council would need to provide direction on whether to continue the program or consider closure. Although additional funds have not yet come through, staff has generated additional revenue that will continue operations through June. The purpose of this agenda statement is to provide some options for Council to continue operating the telecenter or to begin closure that will be final the end of June. RECOMMENDATIONS: That Council approve the resolution appropriating funds from a variety of sources to the Energy Conservation Fund to continue telecenter operations through the end ofFY 97-98 and that Council direct staff to include $15,000 for telecenter operations for FY '98-'99 budget. BOARDS/COMMISSION RECOMMENDATIONS: N/ A. DISCUSSION: The telecenter began in late 1994 as part of a state-wide Neighborhood Telecenters Program funded by Caltrans, University of California - Davis and the Air Pollution Control District. Council approved development of the project initially without requiring general fund support, with the goal of becoming self- sufficient after the first three years of operation, after outside funds ran out. Staff has strived to achieve self sufficiency, however, staff has discovered that the telecenter budget will have to come from a combination of areas, ifit is to continue. These sources include: (a) revenue generated through the program, (b) outside grants or equivalent non-general fund sources and (c) general fund allocation to provide stability to the program. Since early 1997, staff has been challenged with maintaining day to day operations, applying for grants, working to develop partnerships and marketing the program to increase occupancy levels to generate more revenue. 1 //--/ Date: 4/21/98 Item: Telecenter All of these efforts have been made to determine iftelecenters can result in removing and reducing congestion and traffic mitigation. In 1997-98, $6.4 million was spent on infrastructure for local and major streets and street maintenance and substantial additional funds were spent by developers for streets within their projects. These were paid for primarily through the Gas Tax, Transportation Development Impact Fees (DIF) and the Transportation Sales Tax (TRANSNET). In comparison, $6.6 was spent on transit operations and capital. Over half of this $6.6 comes from fares and TDA funds. Less than $200,000 was spent on programs aimed at getting cars off the roads. These funds came from public grants. To date, the telecenter has taken almost 3,000 cars annually off the streets and reduced miles traveled on Chula Vista roads by 212,000 VMT annually. Due to the recent marketing campaign, if marketing and follow-up continues at the same pace, these numbers are expected to increase dramatically. New Participation Over the past few months, since the telecenter began heavily marketing the program, the occupancy has gone dramatically up. The telecenter has achieved its greatest success since the telecenter program began. For the first time in the history of the program, the telecenter hit an 84% occupancy rate and has experienced the largest number of users over the last two months. In February, there were over 78 people using the facility and in March it grew to approximately 90 residents. March's occupancy include 61 % in telecommuter occupancy. The telecenter has achieved this growth with no general fund assistance. This stunning increase has resulted from the City's aggressive outreach campaign developed by the City's telecenter marketing task force, a voluntary group of community, marketing and public relations experts, which began in late January 1998. Over the past two months alone, staff has contracted with 15 new telecommuters and three additional renters. Additionally, the telecenter is providing internet training to over 30 senior citizens per month who vanpool to the telecenter to learn the internet. This link with the South Bay Senior Computer Group, is one envisioned through the City's 'smart community' program, providing computer access for residents living at the Norman Park Senior Center. Due to the increase in marketing, required follow-up and client service needs within the facility have dramatically increased, resulting in an increased demand on staff time. This, in turn, is making it more difficult for staff to spend time applying for outside funding. The program currently has only one staff person in charge of marketing, operations, billing, client services, and staff support to Council. Since January, staffing efforts have been redirected toward marketing the telecenter rather than primarily staffing the operational and budget needs of the program. The public's response to these marketing efforts have demonstrated there may be great potential for the program. In order to continue with a viable program, Council will need to decide whether it should invest funds for another year to see if the dramatic increases will continue and the program can consistently keep an occupancy of75% or greater, providing service to over 100 residents per month. However, it is extraordinarily difficult to maintain stability needed for staffing and to bring in new renters and clients when the facility mayor may not be running in a few months. Renters are hesitant to set up an office in the telecenter given the unknown nature of the program. Thus, revenue potential will continue to be affected by the instability of the program. If no city funding is allocated, and staff time is redirected again primarily toward operation, client service needs and grant writing, a decrease in occupancy will likely result. The telecenter is projecting a continual growth pattern based upon the overwhelming response received from direct mail conducted during the marketing campaign. Staff is proposing that the Council provide support through the end of this fiscal year primarily from funds generated by the program, to continue outreach on an 2 /¡' /2 Date: 4/21/98 Item: Te1ecenter intense level and to provide time for staff and Council to thoroughly discuss the long range funding issue - during the upcoming budget cycle. Funding Options There are two options the Council can take with the telecenter. Both options will need a funding appropriation through the end of this fiscal year, crossing slightly into next fiscal year. This is due to the lead time necessary if the Council choses the closure option, as well as provide consistency into the next fiscal year for the sake of telecenter clients. The Council's options are as follows: Option 1: Continue: Operate the telecenter through an appropriation of $10,000 for continued operations via telecenter revenues and transfers through the end of the fiscal year, direct staff to include $15,000 to provide time for the telecenter to be considered side-by-side with other departments' request during the budget cycle. This would have the effect of either: (a) delaying final action on closure until the budget process is complete in June.This is the reason for a $15,000 appropriation in bridge funding. If the decision during the budget cycle was to close the facility, staff would not have adquate time to conduct closure with just the $10,000 appropriation through June 30th. (b) providing the necessary support the program needs to maintain consistency for its clients, renters and staff through the end of next fiscal year, and to provide time to be notified regarding outside funding options. The telecenter costs $74,179 annually to operate with a temporary employee staff position. Operations would be approximately $90,000 with permanent staff, the extra cost includes benefits not currently offered. Although the program has identified additional funds to continue operating as-is through this fiscal year, general fund support is necessary to continue operations into FY '98-'99. Up to $275,000 in grants have been applied for, but staff will not be notified until the second quarter of next fiscal year. Option 2: Closure: Operate the telecenter as long as revenue through the end of the fiscal year AND provide adequate time to notify clients, landlord and liquidate the facilities. This option requires an appropriation of $10,000 for continued operations via telecenter revenues and transfers AND would direct staff to include $15,000 to bridge the gap in funding to extend closure of the telecenter to August 30th. This provides adequate time to inform telecenter clients and liquidate the furniture. Option 3: Immediate Closure: Appropriate $10,000 in telecenter revenues and transfers to operate the telecenter through June and begin closure procedures immediately. 3 /j-J Date: 4/21/98 Item: Te1ecenter What does the telecenter provide that residents don't have at home? The telecenter has evolved into a technology resource center where people come to access computers, internet, fax machines and more. Many residents that telecommute from the telecenter or pay rent for services have computers in the home, however they require additional technology to supplement their own. Specifically, the types of uses home-computer owners might look for in the telecenter include: image scanners, internet access, or the latest programs. Some telecenter users need office space not otherwise available in the home, as well as conference room facilities to meet with clients. Many of the telecommuters who have computers in their home also use the telecenter because they need a quiet place to work without personal distractions. The telecenter also functions as a computer lab for college students. For example: Schools: Students are now required to download homework assignments from the internet. Because many students do not have access to the internet, the telecenter has established a partnership with professors from Southwestern College. Cuyamaca College. and San Diego State University. The result is a reduction in trips for each of these students. The telecenter provides a computer lab close to their home in Chula Vista, thereby avoiding a drive to San Diego State University or Cuyamaca College to access computers. Education: The telecenter provides a computer resource center where residents are taught on the internet and can learn new software that they want to test out prior to purchasing. The owner of Computer Training Workshops, began renting computer workstations at the telecenter on an as-needed basis in February. He provides low-cost tailored computer training sessions to community members out of the telecenter. This partnership expands the services offered out of the telecenter, generates revenue and helps increase business for Computer Training Workshops. Also, Carmine LaFata, the owner of Medical Transcribing Center began renting the telecenter late February to conduct recruiting, interviewing and training for new employees who are set up to work out of their homes. The first interview process brought 35 people into the telecenter to be tested on work station computers, and reduced 867 vehicle miles of travel. Economic Development: The telecenter provides a place for many small start-up businesses to operate, meet with clients, and have access to technology otherwise beyond their means. For example, we provide Southwestern College's Small Business Development Center clients a place where entrepreneurs can set up their business close to home and avoid the expense of leasing office space. For example, the owner of a small start-up company recently started using the telecenter as a means to conduct work and access the internet for market research. She has access to computers and other shared office amenities with no time limitations. The telecenter is convenient because it is close to her home in Chula Vista, is across the street from the Small Business Development Center, and it allows her to build a South Bay clientele. The telecenter provides a satellite office for companies establishing themselves in Chula Vista. Credit 4 /6/tf Date: 4/21/98 Item: Telecenter Counselors of California used the telecenter facility to conduct credit interviews and develop a new client base until they established themselves, and went on to open their own Chula Vista office. The University of Phoenix began teaching small classes out of the telecenter. Within one year, the demand for their South Bay classes was more that they could accommodate. As a result, they moved into a larger facility across the street from the telecenter, adding new positions and new courses. The following year they built their own campus in the City. Grants: Over the past year, staff has applied for numerous grants that have not been obtained. There are a number of possible funding sources in the pipeline, however, the most likely to be received are: Public Technology Inc. for $75,000, $50,000 in Petroleum Violation Escrow Account funds, and $200,000 in Congestion Management Funds. We plan to apply for a United Nations Best Practices Award, which provides ten cities with $30,000. The PTI grant and the U.N. award will be determined in the summer of 1998, the PVEA funds will be determined in November 1998. The City was chosen as one of73 to participate in the World Exposition being held in Hannover, Germany in the year 2000 (EXPO2000). Staff has recieved final notification and is currently working with the German Consulate, which will let staff know what the next steps will be. The theme of the World Exposition is "Humankind-Nature-Technology". Our City's experiment with the Telecenter concept has been recognized by the World's Fair Committee as offering valuable lessons that could be applied in other cities around the world, important enough to be displayed as a future workplace option. Partnerships: 8 Otay Ranch Development, the City is in the process of exploring a partnership with Otay Ranch. If successful, the vision of such a partnership would be to relocate the telecenter into the Otay Ranch Village, at a $1 a year lease, reducing the cost oftelecenter operation by $20,000 annually and testing integration of the telecenter concept into new development projects. 8 Rancho Del Rey. Staff attended the Rancho Del Rey Marketing Meeting to discuss the telecenter program with the homebuilders and other industry representatives to develop joint marketing opportunities. Homebuilders can point to the telecenter and its services to potential homeowners who may work in North County and may be a bit skeptical about the commute. 8 Cox Communications of San Diego, provided $50,000 and ongoing technological assistance and capabilities otherwise not accessible to the City. Cox recently purchased two new multi-media computer systems for the telecenter, both equipped with high speed cable modems, offering Cox@Home internet access 100 times faster than a typical 56kbps modem. These are unique services that most people do not have access to. 8 Club Internet, a local internet service provider for Chula Vista residents, has provided the telecenter 5 /</;-5 Date: 4/21/98 Item: Telecenter with $10,000 worth of internet services. Internet access on each telecenter work station provides telecenter users the access to additional technology. In return, the telecenter provides Club Internet with marketing assistance. Where is the Teleceuter's Future? The telecenter began as part of a state-wide pilot project and since then, the demand for a computer resource center has grown and the users have steadily increased. The telecenter program is also a component in the City's Carbon Dioxide Reduction plan, which recently received the Helen Putnam Award for Environmental Excellence. When the telecenter opened, staff originally projected a reduction of vehicle trips at 12 per day. We have now achieved that goal. Interest in telecommuting continues to climb. Keeping up with new developments in technology, the telecenter is maturing and can easily fulfill numerous functions beyond telecommuting. The community seems to be responding to the telecenter as something that is unique about Chula Vista and a valuable city benefit. Technology Centers are increasingly seen as part of the municipal infrastructure--much the same way cities view visitors centers, animal shelters, the library, and other amenities. Council will be asked to determine whether the City should continue the program through FY '98-'99 during the regular budget cycle. At that time staffwill present all funding options to Council. This will provide staff and Council time to consider the Telecenter's future and to discuss future grant and revenue funding options during budget procedures, in the context of other budget issues. Because it is likely this decision will be made in June of 1998, it is not possible to anticipate whether staff should prepare for closure beginning July 1 st. By the time the decision is made, there will not be enough time to complete closure activities, if that is the desire of the Council. Therefore, regardless of whether the Council decides to continue the program or close the telecenter at the end of this fiscal year, the telecenter will require a 60 day budget appropriation in FY '98-'99 of approximately $15,000. This is due to a number of factors: . The telecenter has a number of clients and renters that depend on the facility and have planned their business activities based on its availability. If the Council decides to end the program, the telecenter must have enough time to go through closing procedures. It is within the City's best interest to provide a 30 day notice to all telecenter clients to allow ample time for them to make other arrangements. . The telecenter's landlord requires a 30 day notice prior to evacuation. . Once clients have vacated, moving and liquidating equipment and making all final arrangements will take approximately one month. The telecenter program can fund itself through this fiscal year with the requested appropriation of $10,000; however, in order to assure a minimal level of service for city residents, and consistency for the program to continue, staff is anticipating a need, regardless, for $15,000 to be appropriated from the general fund during the FY 98-99 budget process. In addition, some potential renters are apprehensive about contracting with the City ifthey perceive the program will end in a few months. The telecenter has recently lost potential renters due to the uncertainty of the facility being available on a consistent basis. Overall, this has hurt the program's revenue potential. 6 /þ -¿: Date: 4/21/98 Item: Telecenter How do we measure success? In an effort to illustrate the many benefits possible from telecenter use, staff has studied virtually every aspect of the project to determine the telecenter's success. To gauge the telecenter's effectiveness the following areas have been evaluated: Measure Quantity Achieved Workstation occupancy rates: 84% Number of Users: 90 per month Reduction of vehicle miles traveled (VMT): 212,300 VMT reduced (10,000 gallons of gasoline) Trips reduced - for telecommuters only: 12 trips per day, averaging 20 miles per trip. Air Pollution Reductions: Oxides of Nitrogen: 387 pounds reduced per year Volatile Organic Compounds: 315 pounds reduced per year Carbon Monoxide: 2,554 pounds reduced per year Short Term Revenue: The telecenter achieved it's revenue goal of $6,000 for FY '97-98 ahead of schedule as a result of the telecenter's marketing campaign. Staff expects revenue to be $5,500 higher than projected this fiscal year. This is the first year the telecenter has operated almost completely from telecenter revenue and a small portion of grants left over from the previous fiscal year. In order to continue operating the telecenter through the end of this Fiscal Year, the Telecenter must budget at least $10,000 from a variety of sources including telecenter revenue, partial revenue from the sale of two electric parking vehicles, and telecenter funds that have been re- appropriated. Normal costs for two months is $12,400. In order to stretch available funds as far as they can go, staff has prepared a budget which will provide only basic service levels of operation. Operating hours will continue to be the same and services will continue to be offered with no change to telecommuters or renters. Costs have been cut in postage, printing, advertising, janitorial services, and general maintenance for this period of time. See Attachment I for recommended appropriations. Since the marketing campaign began in January, the program has drawn over 75 users per month, and hit a record high in occupancy at 72% for the month of March 1998. The telecenter program has accomplished this with no general fund assistance, however the telecenter will not have enough revenue to appropriate funds to cover costs expected through the end of this fiscal year. Therefore, staff is requesting an appropriation of $10,000, of which $4,268 is coming from telecenter revenue, $3,682 from the sale oftelecenter property, and $2,050 from the Telecenter's Caltrans grant. FISCAL IMPACT: Council action will result in appropriation of $1 0,000. Attachment I highlights the requested appropriation of these revenue funds. This appropriation will come from a variety of accounts, as listed below and transferred to 7 /¿, - ? Date: 4/21/98 Item: Telecenter Energy Conservation Telecenter Fund 280-2821. Additionally, staff recommends including $15,000 from the general fund for a 60 day appropriation in FY 98-99, to be part of the final budget process and allow Council to determine the telecenter's future. The telecenter will continue to generate revenue on an ongoing basis. Appropriating and transferring the following funding sources will continue operations through this fiscal year: 8 Jø~g RESOLUTION NO. / &Y9~t;. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS TO THE ENERGY CONSERVATION FUND TO CONTINUE TELECENTER OPERATIONS THROUGH THE END OF FY 97-98 AND DIRECTING STAFF TO INCLUDE $15,000 FOR TELECENTER OPERATIONS FOR FY 98-99 BUDGET WHEREAS, on August 26, 1977, the Council set a goal for the telecenter program to see if it could continue operating through this fiscal year from revenue generated through the program, and without general fund assistance; and WHEREAS, staff is returning to Council to report that it has achieved self-sufficiency thus far; and WHEREAS, since the marketing campaign began in January, the program has drawn over 75 users per month, and hit a record high in occupancy at 72% for the month of March, 1998; and WHEREAS, the telecenter program has accomplished this with no general fund assistance, however, the telecenter will not have enough revenue to appropriate funds to cover costs expected through the end of this fiscal year; and WHEREAS, staff is requesting an appropriation of $10,000, of which $5,500 is coming from telecenter revenue. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby appropriate $10,000 from the following accounts to the Energy Conservation Telecenter Fund 280- 2821: Telecommuter Revenue 280-3515 $ 2,531 Renter Revenue 280-3511 $ 1,137 Late Payments Revenue 280-4090 $ 600 Property 280-3811 $ 3,682 Caltrans grant 280-2806-5562 $ 2.050 $10,000 BE IT FURTHER RESOLVED that staff is directed to include $15,000 for telecenter operations for FY 98-99 budget. Presented by Approved as to form by Barbara Bamberger, Environmental Resource Manager C:\rs\telcen.app /6rr Date: 4/21/98 Item: Telecenter Attachment 1 FY 1997-98 appropriation All funds transferred to 280-2821 account Total Funds transferred from: amount transferred Telecommuter revenue: $2,531 280-3515 Renter Revenue $1,137 280-3511 Late Payments Revenue $ 600 280-4090 Sale of Property $ 3,682 280-3811 Caltrans grant: $2050 280-2806-5562 Total $10,000 Attachments: 1. Budget Transfer 2. Energy Conservation Fund: Telecenter Revenue Appropriation 3. ~ Correspondence v u.. 9 /6 "'/t? Date: 4/21/98 Item: Telecenter Attachment 2 Energy Conservation Fund Telecenter Revenue Appropriation 280-2821 Account Account Description Amount 5105 hourly wages $3,820 5141 pers $ 276 5212 printing/binding $ 320 5218 postage $ 200 . 5251 utilities $ 300 5252 telephone' $ 900 5269 city force-equip $ 484 maintenance 5271 rentals/leases $3,400 5301 supplies $ 100 5398 other commodities $ 200 Total $10,000 10 /1, -// -- - ESTISTEVENS -~ .. 804 WILLOWBROOK COURT CHULA VISTA, CA 91913 (619) 482-9483 (H) .------ (619) 973-6298 (W) February 12, 1998 Honorable Mayor Shirley Horton Members of the Chula Vista City Council 274 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Horton and Members of the City Council, Several months ago I wrote to you urging you to support the continuation of the Chula Vista Telecenter. It is my understanding that the future of the Telecenter is again in question. I am disappointed that the City of Chula Vista has not embraced this project and continued its funding for a longer period of time. As you may recall, I began working at the Telecenter approximately two and one- half years ago. The benefits to me personally have been enormous. I would like to illustrate a few of them here. I am a working mother with two small children. When I first began working at the T elecenter, I was able to work an eight-hour day for my employer, the County of San Diego, while eliminating an hour of commute time. This enabled me to spend that hour with my children. For that reason alone, I could justify continuing the Telecenter. Being close to home also allowed me to meet my children for lunch or take a break to watch their swimming lessons. I also saved $5.00 per day in downtown San Diego parking fees and $6.00 per hour in baby-sitting fees. That first summer I saved $11.00 per day by working at the Telecenter. . My oldest child now attends Eastlake Elementary School and my youngest attends preschool at the First United Methodist Church. Working at the Telecenter still allows me to save commute time and put that time into my children. Most days I arrive at the Telecenter early enough in the morning so I can complete my workday before my children are out of school. Because of the Telecenter, my oldest child doesn't go to day care during the school year. I am able to pick him up at his classroom every day. I am also close enough to attend school programs, volunteer in the classroom occasionally, and be available at almost a moments notice if one of the children are sick. Working at the Telecenter benefits my family enormously, but my employer benefits as well. The technology available to me allows me to perform my job ~ 2/19/98 cc: Council, Barbara Bamberger, Telecenter (Heather), Geroge Krempl, Dep. City ~anager ~t ~~OZ . -'. . - - better. I have computer software at the Telecenter not available to me in my office. I have a telephone with voicemail and excellent office support equipment. Without the common office distractions, I work more efficiently and am more productive. I am a happier employee, which translates into doing a better job. There are other reasons to support the Telecenter. People working close to home does reduce road congestion, air pollution, and other hazards of having too many people on the road. Supporting the T elecenter project proves that the City of Chula Vista is committed to improving the life of its residents. It shows that you are leaders in forging new ways to work, and are committed to concepts, which help your constituents balance the needs of work and family. As a Budget Analyst for the County of San Diego, I do understand the fiscal constraints that all local governments must face. I also understand that new concepts, such as the Telecenter Project, take time to come to complete fruition. Part of success is having the patience and foresight to see it achieved. I urge you to continue the Chula Vista Telecenter project. I would be happy to speak to any of you individually if it would help to make your decision. If you feel continuation of the Telecenter Project is impossible, I would be interested in receiving a written response from you explaining your decision. Sincerely, &~.~_. Esti Stevens , /¡ -/5. 5159 Federal Boulevard San Diego, California 92105-5486 (619) 263-9251 ,-....~. ì ~ rt:E:} February 13,1998 -------- ------------ City of Chula Vista Office of the Mayor and Council Members 276 Fourth Avenue COX Chula Vista, CA 91910 Dear Honorable Mayor Horton and City Council Member: COMMUNICATIONS J am writing this letter on behalf of Cox Communications to express concern about the possible closure of the City ofChula Vista's Telecenter. This letter is to urge you, the Mayor and City Council Members, to consider finding a way to continue the Telecenter program. Cox has been a major financial and technological supporter of the Telecenter since it opened three years ago. As a sponsor, Cox realizes the importance of the Telecenter's continued operation. We have worked with the City's Telecenter to bring technology to the front door of Chula Vista residents. With the 21 st Century rapidly approaching, we must work together to ensure that our families, businesses and government agencies are adequately prepared to meet the challenges of an information-based society. One of the reasons Cox has sponsored the City's Telecenter project is because we see the potential for helping to build the workplace of the future. The Telecenter provides computer access to those who desire to work closer to home. It also caters to residents who want to become familiar with telecommunications technology but don't choose, or can't afford, to make a personal investment in the technology. The Telecenter is a visionary project which has obtained wide community respect and can be a vehicle to lead us into the 21st Century. It is the only facility in the City that provides on-going access to computers for community members. For example, students from Sin Diego State University, Southwestern and Cuyamaca Community Colleges use the Telecenter to conduct research on the Internet and type term papers at their convenience since there are no time restraints at the facility. In addition, small business owners that work out of their home are also using the Telecentei as a gateway to the World Wide Web. Cox Communications has proven it's support by providing $50,000 plus many other resources to the Telecenter. This support has provided the resources for the Telecenter to purchase computers and office equipment. In addition, Cox has donated necessary coaxial cable and local networking communications capabilities. Cox is currently in the process of purchasing two new computers featuring the latest in multi media technology and outfitted with high speed cable modems and video conferencing capabilities via the internet. We are committed to investing in the future of Chula Vista residents and create a win/win situation which will contribute to the City of Chula Vista and its community. Sincerely, ,~j /e¿f c1.~ Steve Gautereaux Vice President, Network Management , /j-J{ , I Peter Watry, 10:24 AM 5/22/97 , Terminate the telecenters Return-Path: p.watry@worldnetattnet Date: Thu, 22 May 1997 10:24:38.+0000 From: Peter Watry <p.watry@worldnetattnet> To: SHorton@cLchula-vista.ca.us Subject: Terminate the telecenters May 22, 1997 TO: Mayor Shirley Horton Councilwoman Mary Salas Councilman Jerry Rindone Councilman Steve Padilla Councilman John Moot FROM: Peter Watry 81 Second Avenue Chula Vista In the course of your Budget considerations I understand that you are deciding what fo do with the Telecenter(s). I hope you will TERMINATE them. Whatever logic there may have been years ago for the idea, they are no longer a proper function of the City of Chula Vista. I offer the following reasons: 1. A governmental unit should concentrate on doing those things that society wants that the private sector cannot do as well, such as flood control, police, fire, mass education, etc. The private sector can certainly provide telecommunications as effectively (and probably far more effectively) than government can. There is no reason, per se, for a government unit to be providing these services. 2. Something the private sector cannot do well, is to control or clean up pollution without government intervention. So the only original legitimate reason for a government to provide these telecenters was that IF it saved people from making trips into San Diego, then that might prevent some pollution that otherwise would have occurred. The small usage of the ~elecenters cannot possibly be , I Printed for Mayor Shirley Horton <shorton@cLchula-vista.ca.... 1 I It:: .-'/.57 I Peter Watry, 10:24 AM 5/22/97 , Terminate the telecenters I effective in terms of a cost-to-benefit ratio in that regard. It simply did not work out. 3. In any case, technology has made the whole question moot. Now anyone can do from their home what these telecenters were designed to do. There is simply no longer any rationale for taxpayers to subsidize these few people. Anyone who has a real need can do it easily and relatively inexpensively from their homes; and there is certainly no evidence that any pollution saved justifies that much cost. Thank you, Peter Watry /þ 'l~ ' I Printed for Mayor Shirley Horton <shorton@cLchula-vista.ca.... 21 , APR-10-1998 12:26 CHULA VISTA TELECENTER P.09 LC (,...: c::::~'- Harry B. Whitcher -?;fII\ 573 Douglas 5t. ~€:l Chula VIsta. CA. 91910 ~(~S Home Phone 421-8556 January 10. 1998 Ab)IL : Shirley Hort~ Mayor Chula Vista ¡:o7Y'" !UJT )Jo./çó 276 Fourth Ave. Chula Vista, CA 91910 NÆvey Dear Shir1ey I was surprised when I received the information on the Seven Major Areas for Improvement. I was also surprised when you sat down at my table at The First Friday Breakfast {Jan. (9di) and didn't say hello. I could tell you had a lot on your mind and it was a hasty euttance and exit but that is no ~CUSC to high hat your constÎtueot. Enough flippancy. Input: Whether intentional or not, I £eel a very important part of the fitture was not ÏD~llldecl The Telecentec operation has been fighting for its 1iCe and, in my opinion. it should be an integral part of the City. It is a jewel in the rough and certainly ChuJa Vista deserves a lot of credit for initiating the project. My fear is they do not recogníze its po~ particularly as the city growth is expanding more rapidly than the inftastructure. The area considered for the Padres Baseba1l Stadium was originally considered as a recreation project back in the days of Chula ViSta 2000. I suggest it coutain the following activities for the young people of Chula V1Sta: An open air dancehaIl-an ice skating rink -a boat rental for boat classes ftnm canoes to sailboats....a large swimming pool with diving facilities. I dìdn:>t include tennis courts as there are plenty available not being ~ whether for procedural reasons or lack: of interest. ' . Now the financing. This depends on negotiations with interested parties for developing the Bayfront. (I seem to recall a citizens group iIrterested in the development of the BayfTont. It has taken so long they are probably in wheelchairs. or dead.). Ifyonr negotiators are in the same class as the City of San Diego it's time to look for professionals. Harry B - Whitcher TOTAL P.09 , Jj -/7 , APR-10-1998 12:25 CHULA VISTA TELECENTER P.Ø8 . . South Bay Computer Groupa -. P.O. Bœ 1899 Chula Vista, CA. 91912-1899 /t-. :¡ P"" . I '. " February 18, 1998 ì¡ ~r-----~.,-,-, , I U1J I FEB .':" To: Honorable Mayor Horton and Co~i1 Members: 1 2 3 ,; Ii :. : . , '. j t.....; j 276 Fourth Ave. COUNCIL OH:ICCS -.J ! Chula Vista. CA. 91910 CHULA VISTA èA Subject: TELECENTER. Dear Mayor Horton and Council Members The purpose of this letter is to introduce you to the South Bay Computer Group and express our mpport for the ChuJa Vista Telcccntcr. Our club meets tWety Wednesday at 7 PM at the Norman Park Center. The ,-- ~R.Otouu~Jwter...otgf¿~i.~ti~ ~.1P.: .. , - ,- -, -- -- -" .- ,-- ,,- '... . educate members On hardwm:: and software computer applications . help mett1bers and the public, whenever po8S1ble, through regular mßAtings, personal COIdBçt and a newsletter, with any problems conccming their computer anc1Ior software . encourage and assist anyone. especially in the South Bay area in computer applications We want to say "THANKS" to the Mayor, Council Members and Nonnan Pm:k Ceater fur providiDg our group with a excellent meeting p1ace. All our meetings. exoept Board Meetings aæ open to the gent:ral public, Come and visit with us any Wednesday. Receutly, Chula VISta Teleoenter Director, Angie Jarchow gave a p¡esenœtion to our computer group about pro¡œms o.ff'eæd out of the telecenter and we were favorably impressed. Telecommuting is the wave of the future and one of the fasting growing trends in today's society. The colI.C8ptofwork beJDg IDoved to die people, rather than people being moved to the work wm be a great benefit to tile residmtl of Chula V"lSta now and in the future. Our club members are working with your Telecentcr Director to schedule 2 days next month where we will visit the telecente: for technology demonstrations. This is a wonderful opportunity for our members to become acquainted with Cóœputet ~ software, and on"line services. We hope'1bat tbiš Î5.tþe ~nnine of actMties that will mlltUaIly benefit the telecenter and our computer club. The telecenter program. enhances the City of Chula Vista and we as an orvni~on are expressin¡ oW" aupport for it. We understand that the telecenter is fàced with 8 lack of funds and feel that coutinued operations will give this program the chance it deserves to reach it's full potential. Please COIdaCt us if it will help you in ~ ~~ ~ we say ":Thanks" to the City ofChula Vista. Ken Hamlin President cc: City of Chula Vìsta Telecenter , /tf ;/r APR-10-1998 12:25 CHULA VISTA TELECENTER P.07 " ~IN'APMI~^LTY" ',:, ," 'F~24tl998 ,-',", '" ",',' , '" ,,' , ' : " " , , ,," ": ' ' " ',:: ,: ,', ::' ~~~~~anØtheCitÿCówicU, ,\ '::""" ", ,:" '":., "" ~::',;' ",'., .,,' , , .' , , .,: ,-, .Chulå;,V~:CiW,~ . ' ,'.', " ' . "'-', ':. ,I: 2764&A: ," .:, , "'" ,',',: ': , '/ ~.. .,', ".. " ..,' '. ,:'. . ~ c~VIStií.þilif,~91,~if) '. ,. ""," 'I ¿,citY':~' , ,:"-:: ,':' '. ,,:,': " ,,':':':, >" ,,'.' :~~.: .::'; ,.: .' '.::, ;:~i?r-".;:f'O:;;:~b~1;~~;,'.':; c:;:X.. ,":'.;; :;',.',' ,>i:':";i..: ::.,':: ,',' ',: '~Iwœ'åfeW'nKiihearts""":"" :";" ':èßihú~~'~d~fôrthe: D'," "6f.':,":-'" ': ,,:-:,.:, ," , " ," " " ~~-.D1Y '",' '.~' ""."" ,~.cepl" '..' . ':'tèIecömmnßng.""'Â~~:iWï!s"ab~ to, ',Ûito ~~~~:. iv~¡I..ij1îi)i'òfthe' .. -,; ,:', , " ."','" SO;" , '"".."'.- '.", ", citÿTelecimiër " ~.Jp'~'f'act" ". "~~'åb1 't"i "";;""':':I"\'-4~~-" , "...:',' "".0:.',':", ,~.: '" ',' wasaS1 orm eo o8o""!"";--", """,,"" ""',,""",', .. ',',,':-',":'-:',::",,-, , ':"i;,~,~'::':~~??"':'>""'\::'\"};";'(.{"/:":":'-~~~;i":,~~;;~~,: :':"::'::-'<!;::"::"',:';>,~:,,,:-::,,::'~r:" .. The18st tÌ.VO,ånd one,haìt'~ thail\w¡"":" 'ï'~:èd',Ô1Í somêÖné'eìs~é~ '::;... If.lcòDÜimieèi daii"" "':,," ',' ,,' , in ~s or'fortY ¡ri¡¡~'~~ ~;iast i ~'f%~'~.~ l' waS pm.ti~:. r' , èd with'¿', ,': :',: ,r, , "j,' .. ,', ..'" , ,~",,: ,""'.' .. ,. '.' ~,~" " ,',,' , waSte'involVed in tl .' ' ìo:'1n, theabsence'ofån ~n' , founded u òÍìihtf'ftem-b,tY~ Whåt' " :"" " . OUlg", '", "~ "P., "'1"" '" advå.ri.ta:ge is ihere'fÖlii . ' the 'ëatire èöm.mumty move ~tWiÇë à,dßyiii:ÓfdCr'~o i.ÎnCtion? .In~::' .""':'.. " ' , , ,;yms , , ,-, . ' , , ." , , ,,' ' ,themoôeqÍ,efaOrthe"~econoÔly;"iÌ,sèeøIšiOIIié~cc:j1IJDÙ,miÇatiÇJn'~.and_the'" ' :" ',": ~,. ' Cá 'acitÿ 'tOt':document' áìùi: 00 ' 'iJdei1~, ~@oiÍ :árè'ti1e' riecœ8åíies~:ik1ife. The 'ChuJa ',":. ,p" , ,,', "-~ '" ' """ """ , VÎ 'Tel' '.', . fh]fiUtbCnècdáèJmirabtY' ,...,', " ' ','," ',',';.. " '.. " " '~" ,~~.., ,,::,~,':;~':':>~:,',,~' ./ ,/ .. :~' ""'. "" ~/,<:>,~~', ': ,.", "',", Gi~en thé'~~~~~;~.\~.ii/~ :ánd ~ n ....: 'io"tiíé'~{'<rdoéàtïon'of.-thc' :'," """"'--~"-""'~' ., ~":""-,Y,,,.:,,, " , ',cormminitÿfòi,whihtlieië"',"""" ":" ,," o~~,:¡'œwÚ()'Iieli ,..,'-.:.', "', "."""""c", as..i"~~~-~~'" "',,, ..:" "",,-,"~"",""'~ ':: 'tbaiitis:the.urgem1nterest:of"êièo~;ànd:~,m~to'fhorougbJj'r' Þlorišihi" :,:.." :': "'.. , , ' ' ssibrliÎiès,Qtte1eëO_tïng."Tiiè~:Q~ktO:~"~~~fufi;i~~,ibat:_:', '", ," ",~:",¡";:~,::,,,:,:"","":',: ,:-,(/~,:."""~'."\:,~:b""'~':,, ,:"\...:,\,':':";;:.;':';:../>:':"~":,,,',\"::': """:" "",'w.eÜVé'~'a'tim~'o(icl;~andfuridå~~~~e. It~:~eni~fj;~~'Ç¡tjOf:Cm1Jà :.', .," ':': : ::,,~~'~]~~~p,iyith,sufficlen(~~m~J~aÖd,weigb~,~ihè'~,6,~'~~~9øYt ::_,::~-:~:'" ,: ":" ,', '.,".":ilow:åpþesi:riPgoiJ:1:b.efwrizÒti. C~onS", """ ,', ,'.' ~,:';,.: ':,=.i:"':""~~':";:,.' ':'-,:-:"'::':.' ,,' " ":,, :~~i,J:': j:'" . '> ' ,: . ":' , ,-:' " ,', ~ - ',", ";:, ..." ,: ;</"'>,;' ,;,' :"', . :.. '~~~., .,'," .. "\":;:4#,':,,:"" ,"," ", ,; ",,<:"::u, ;:" , , " '" ' ' " " , ," ',' , " " " " , ' " -, " " , .. ,', .'; ", " " .. '. " ..' J!A.CK HD §WK~ Attor~ey " 1639 Mills Stree\. Chula Vista. ~fomia. 91913. (619) ~16.2S32 /þ "/; j;6-J.O APR-10-1998 12:24 CHULA VISTA TELECENTER P.06 . - :. '. 5'59 FårlIIb.I8vat6 :';: , ,""'" San DIeJu. ClIlfOO1le 9Z1D>S48fJ " '. (8181 283-926'1 FER I 9 ,-,¡ i r I Februaly 13, 1998 I ,---. .. .. --.l , C.:"':' ':" . ~; . ; t"L.'. i<:¡" .:J. I ,. j City of Chula VISta Office of the Mayor and Cmmcil MeInDers 216 Fourth Avenue COX Chula Vista, CA 9191 0 Deu Honorable Mayor- Horton and City Couucil Member: CO..U8ICATIDNI J am writing 'this letter on behalf of Cox Communications to express concern about the poaIible closure of1he City ofClnIla Vista's Telecentet. This letter is to urge you, the Mayor and City Couœi1 Mealbors. to consider finding a way to oontinuc the Tclecenter progl'8m. Cox baa been a mJUor ftnanclal and teclmologicat supporter of the Telecenter since it opened three ~ ago. As a sponsor, Cox reaIi2es the importance of the Telecenter's continued operation. We have worked with the City's Te1ecenœr to bring technology to the front door of Chula Vista residADbi. With tho 21st CenÞø'y rapidly approaching, we must work together to enSUfe that our families, buaincases and ~ agencies are adequately prepared to meet the challenges of an information-œsed society. One of the reasons Cox bas s,-ponsored 1he City' 8 Telecenter JD'oject js beçause we see tile poœntia1 far be1ping to build the workplace of the futnre. The Teleœnter provides computer acce&s to those who desire to work closer to home. It also caters to residents who want 10 become familiar witb tclc::çommunications technology but don't ohoose, or can't afford, to make a parsonal ÎnvestlJU,mt in tbø technology. The Telecenter is a visionary project which has obtained wide community respect and can be a vehicle to lead WI into the 21st Century. It is the only facility in the City tbsí provides on-going access to computen fur community members. For exampto, students fi-om San Diego S1aœ University, Southwestern and Cuyzunaca Community Con~gcs use the Tclcccntcr to çanduct research on the Internet and type term papers at their convenience since there are no time restraiDts at the facility. In addition. small business owners that work cut of their home are also using the Te]ccenœr as a gaœway to the World Wide Web. Cox Communications has proven it's support by providing $50,000 p1us maoyother resources to the Teleoenœr. This support has provided the resources for the Tclccentcr to purchase computers and office equipment. In addition, Cox has donated necessary coaxial cable and local networkin¡ oommunications capabilities. Cox is currently in th~ process of purchasing two DeW compuœrs featming the 1øu:st in maJti media technology and outfrttod with high speed cable modems and video coofenmcing capabilities via the internet. We arc committed to investing in the future of Chula Vbra residents and create a win/win situation which will contribute to the City of Chula Vista and its community. Sincet6ly, ~~ Steve Gautercaux Vice President, Network Management , /t? ~~~ APR-1B-1998 12:23 CHULA VISTA TELECENTER P.BS m i amonb QtO nsn Uí n II 4Proup I "SUCCtlJS. One Person At A T_iJ I Qdlfw8Ia .... (DeaJJaber 'ß8ouøb Ma)') c...... Gf8.e (JuDe 1IIroup NuwCllll.Jl:r) I OfIíœ: (619)~1-4121 Fax: (619)42J-S62B Office; {9'7D)"n6-?979 Fa&: (970)726.'1999 ! 539 'rckJPPh ~ Rd. Suite n4.S P.O.BolL ~ I CInù Villa. Calif'omia 919t~ Willie( P4å. Cdøado 8O48Z-351O . To: Shirley H~ ~ Cbula Villa 1..- 24, 1998 Ci~ CowAI Manbcm ~-; Z76 Fourth Ave. CbuJ.a Vista. CA 91910 Dear Sbirley aDd CQUŒÜ Mem.beœ. 1 am writing IIùs letter QI1 behalf of Ibe local hnci~ COßImuuity ~ I felt it UCe1881 Y 10 ~ my conœms pmaiDiDg to 1he fllDJl"e or the Chu1a Vista. Tdeœmer. This is a "BluabIe I CXJmInIOty ~ wmdl Jbould remain in operaI1œ. My company bepD USing «be CbuIa Vis1a I Td~ in Febnmy 1996 for our Coosu11iDg Services. As a rau1t. it h!foJt-œ !be perfect I soIUliOll ro my ~.nccds. Itfl great 10 be able 10 01- with diems ÍJ1 the ptcbf.roœI affiœ I ed\IÏJœmem the tc1eœn1a' offeø aad die confCJCþŒ ß:IWI is just the ript size. I I The majority of 1J1.y ~ is 11111 out d my home dT"1œ. which is CQIlveoienUy b:as.:d oœ mile I from Ihe le1eœnter. Before I 8taned UBÍD8 the Ideœdler. J ua\'ded tia¡ucøtIy to IDt:Ct wilh dicab fmm a:1l óWm" b Uoi1Ñ States. Onœ Ila.nd about 1be facility. 1 tiepn USÏI\I1bc çoafaœœ : room to CDCOdf'8¡e clients to stan ~~ to ØIe. This cJJ¡q¡ge has n:duced my time away ftaD . heme BDd my family. It.bas also saved my C'OmpIIIly JI1OIIC)' by eliminating most of the ~ I 1 used to do. I Since I began usi.n¡ the facility I bou¡ht a secœd bane in Colorado and my f8!Dily Joves 1Ma¡ ~ best of both woods. Since:my n:œJIt return 10 Chula Vista last ~bcr. I was pII!ued 10 teftJlnc I usin8 !be teleœn1m's axd'~ room. The lcx:aJion of the relecadcr is ~ ëmd the services I that ate prm'ided bave ¡æatly contributed to my Qc;Øpeø)"s s~. Tbaab 10 1he proæm¡ty of ~ !be tdoc:eorer, my COInmIiIÌDg time - beea. reduced subs1mdiaUy. This bas muhed in not only I ~ prod~vjty. bat also a Rducticn of automotive eGússioœ and most imporf8D!1y mcœ time I with my family. I We feel'tbat the te1ecen1er is rø only an invaluable resource 10 5IDå1l bo18Íœsøes lib us. bm to d1e ~ ~ Quia Via community. As our a:D1mUDity COIdinues to grow, so will tile ntrx: aDd tile . ~ for. a cnmn1U1Íty mKJLIItC like 1hc tcleccmcr. It bas a lot d. poIadiaI and .ve Japed.fully ~ request c:œtÎIIIIIcd wppcrt fw thi$ wonderful projeu. Please fed fœe to cœract me at your leisure . if )'OIl require my r wthet input. ¡ I ! I I I I Caooe - J,D. CC4R InvestmeldS. Inc. Di dill Group i I I , I pS: Ms. laæhow is doing a wODderful job as the Tdeœnter manager . I .E._it CDMENTOR@AOL.c.'OM W~: Llfp:/lwww.clJo'""'-li~com : I1IÐttbø t('~ lIøI!; 1lIuiIv.tr 8MraMII . ~ /;; r';2./ , Ht"1'<:-11:j-l'::J98 12:21 CHULA VISTA TELECENTER P.02 .. "".U.,: :!~*!~~~qWtl ~m:ii ',;y :,),~ t ~'¡~èf.;:Kt %§¿~.~~' THE: CITY OF SAN DIEGO . Alfred L Smith, Jr. 424 James Court COpy Chula VIsta, CA 91910-5436 February 9, 1998 Ms. Shirley Horton, Mayor City Council Members CITY OF CHULA VISTA 276 Fourth Avenue Cl1ula.~~ta,;.CA $1910 - Dear Honorable Mayor and City Council: My fuUwtime job is with the City of San Diego, but I live in Chula Vista and operate a small part-time home-basecJ business there. The City of San Diego is a big promoter of telecommuting, and I am in the process of getting approval to spend one day a week at the Chula Vista Telecenter, which would save making the trip to San Diego every day. " As a resident of Chula Vista and small business owner, I am communicating with you to express how much the Chula VISta Telecenter means to me and my business.. ~ litUe more than a year ago, I began my own home-based business, and have needed a place such as the Telecenter as a meeting place for clients (so that they would not have to come to my home). A few months ago, a business friend of mine introduced me to the Chura Vista Teleœnter and It's coordinator, Ms. Angie Jarchow. Ms. Jarchow ananged to rent me use of the Telecenter conference room and it ha6 been simply fantastic to be able to meet clients in the professional atmosphere and environment it provides. The security tracking system allows for extended hours and/or weekend use. This has been a boon for my smalf business, as I work and conduct my home-based small business in the evenings and on weekends. It has served as a central meeting place, resulting in savIngs of travel time and money for myself and clients. I feel good to know, that by using the Chula Vista Telecenter, I am doing my part to cut down on air pollution and keep our cíty dean. Please call me if you would like me to share additional information on this matter or if J may speak directly to you in a council session. And I urge you to pursue all avenues and option6 for keeping this service available to the citizens of Chula Vista. ~I~ ' " ' "', - .'." ., ..: .",' , ' Community Services AI. mlth, Jr. - 1200 Third Avenue, Slile ~24. SUII Diego, CA 92101 Ttl (619) 236-S99D . (619) 236.5596 Communily and Ecooonic Oevelo¡meRt; . Eamornk lImbpment SCMceS . Neighborhood Code Complimu .. (omrnlllily PlanMglIId hYeIopmeøl- GYic DmilJ1 . Community SeMC8$ . Commission for Arb g eulture. Human Rdaiiœ$ Commhsion . RedereJopmetJt Ageøq OIIIi;RSITY 0 ....,....._.... \, jJ '~2 , ?/i7 I-) ~ @ Œ u ! ~. J-{efeTUl :.Fitch-Snyáer " r n . r .¡ ~ 5624 Joc~y 'Way} 'Bonita} CJI. 92002 ,.J I A~? n 1998 (619) 557-3954 L" n". CCU',' r Apri] l5, 1998 ------ Mayor Shirley Horton Chula Vista City Council Members 276 Fourth A venue Chula Vista, CA 9 I 9 I 0 Dear Mayor Horton and City Council Members, I understand that you will be meeting soon to discuss the future of the Chula Vista Telecenter. I regret that I wiIJ not be able to attend this meeting, but I strongly urge you to support the continuation of this valuable community resource. I am a full-time researcher at the Center for Reproduction of Endangered Species at the San Diego Zoo. I am also working on my Masters' degree through San Diego State University. Since it opened over three years ago, the Te]ecenter has been an essential tool for me to accomplish both my professional and educational goals. The list below includes a few of the ways that the Te]ecenter is of benefit to the ]oca] community and me. + Reduced Travel time and expenses. I save at ]east 25 mi]es of travel per day whenever I used the Telecenter instead of going to my office or to campus. My home is on]y a little over two miles from the Telecenter, so that I can be dropped off and walk home. I am pleased to have this option available to me so that I do not need to contribute to the existing road congestion and air pollution prob]ems. + Support of the loca] economy. When I work at the Telecenter, I am able to do all my shopping and errands locally. In the past, it was easier for me to shop in the downtown area dose to my office. + More productive work time. I am able to focus on projects without interruptions, and I get more accomplished. The Telecenter hours are flexible enough to accommodate my erratic work schedules. It also offers additional workspace, software, and equipment that are not available to me otherwise. Several of my coworkers have expressed regret that simi]ar options are not available in their own communities. I am p]eased that the City of Chu]a was wiIJing to take a leadership ro]e in the Te]ecenter concept. This is clear]y an innovative idea that has great potential. I am confident that it will continue to develop into a vital part of the community and be a positive example to other cities. I strongly encourage you to do aU that you can to support this vital resource. Please contact me personally if I can assist you with additional infonnation about the benefits of the Telecenter. Sincerely, Ø/ .1fdZv ~ Helena Fitch-Snyder cc~ COJM; I Ga:x::r '(~P ( I b - ;¿3 Bcv~c.- ~~~ ð v,- Subject: [Fwd: Item #16 - RESOLUTION 18966 - 4/21/98 Council Agenda] Date: Tue, 21 Apr 1998 15:21:28 -0700 From: Louie Vignapiano <chulavis@connectnetcom> Reply- To: chulavis@connectnet.com To: abuelna@ci,chula-vista,ca.us -------------------------------------------------------------------- Subject: Item #16 - RESOLUTION 18966 - 4/21/98 Council Agenda Date: Tue, 21 Apr 1998 15:01:37 -0700 From: Carol Gallardo <carol--.ßallardo@premierinc.com> To: chulavis CC: ajarchow@clubi.net This message is for Mayor Shirley Horton and all the City Council members (John Moot, Stephen Padilla, Jerry Rindone and Mary Salas) I am unable to attend tonight's council meeting as I have a meeting at Eastlake High School. However, I wanted to provide my support for the Chula Vista Telecenter. As a user of the Chula Vista Telecenter located on Otay Lakes Road and East H Street, I am requesting that you appropriate funds necessary to keep the telecenter open. I find the following a benefit of using the telecenter: * Ease of commute. My one-way travel distance to work is approximately 30 miles versus the 1.8 miles to the telecenter. * Close proximity to my children * s schools should an emergency arise or doctor appointments are scheduled * reduces the amount of time I am away trom my work. * Eases the congestion on the already crowded freeways. I am on the road at 6 a.m. and the traffic is horrendous during this time as well as during the after * I contribute to society by conserving energy and saving the environment when accessing the telecenter. Using the telecenter has been valuable in that it allows me to continue to work on projects without having to drive to 30 (one-way) miles to work. As a working parent, utilizing the telecenter allows me more time to be involved with my kids. Again, please vote to appropriate the necessary funds to keep the Chula Vista Telecenter operational. Caroline A. Gallardo 1121 Plaza Miraleste Chula Vista, CA 91910 /b -:<'1 Page 1, Item /? Date- 4/21/98 COUNCIL AGENDA STATEMENT TITLE: Resolution / %ft ? accepting annual Toxics Policy Report on implementation of the Municipal Pollution Prevention Policy and supporting recommendations to further implement the policy. SUBMITTED BY: Barbara Bamberger, Environmental Û, Manage~ REVIEWED BY: John D. Goss, City Manag~~( .--> ote: Yec Nox) The Environmental Health Coalition (EHC) and the City Chula Vista worked jointly on a multi-year Municipal Pollution Prevention project, staring in July of 1993 and ending in July of 1995. The project was funded by a $30,000 grant to EHC from the Jesse Smith Noyes Foundation. The goals of the project were to (a) audit the use of toxic products in city public places and city work areas, (b) reduce the use of toxic materials used in City operations, and (c) to create a model for other cities to follow. In August 1996, the City Council approved the report and adopted a new pollution prevention policy; one element in the policy was to provide an annual update for Council to review implementation progress. In December of 1997, staff reviewed the original recommendations and followed up with all affected city departments to determine if the recommended suggestions had been implemented, and if these recommendations were of benefit to the department This report contains findings from the follow-up and is provided for the City Council to review progress made by staff. A copy of the original Pollution Prevention Policy is attached for Council's background. BOARD/COMMISSION RECOMMENDATIONS: nla RECOMMENDATION: Approve Annual Toxics Policy Report providing a status update as to implementation of the Municipal Pollution Prevention Policy and support recommendations in the conclusion (page 13) to further implement the policy. DISCUSSION: Beginning in 1993, the City and the Environmental Health Coalition jointly conducted a pollution prevention study to determine the potential for reducing toxic materials used in operation and maintenance of our facilities. Departments were inventoried to determine what materials were used and where replacement materials could be identified. Pollution prevention can be defined as "changes in processes or materials that reduce, avoid, or eliminate the use of toxic or hazardous substances or generation of hazardous by-products. It seeks to reduce the quantity and toxicity of materials going into processes, not just those coming out as hazardous wastes." The purpose of the partnership between the City and the Environmental Health Coalition was to improve environmental health within the City by facilitating a shift toward pollution prevention as a means of managing toxic and hazardous materials. ) ?--- / Page 2, Item Date 4/21/98 Local governments have the opportunity and obligation to act as regional leaders in pollution prevention, by procurement of least-toxic materials, and by educating the public regarding its efforts to reduce the use oftoxics. As a result of the study, the City Council passed a pollution prevention policy and it went into affect in August 1996. The policy is to prevent pollution resulting from its activities whenever possible. The City is accomplishing this by reducing the toxicity and volume of hazardous materials used to the greatest extent possible, and will incorporate a mechanism to ensure continuous improvement in its pollution prevention practices. The goals of the policy is to: 1. Ensure use of the best available options for pollution prevention throughout the city. 2. Promote awareness and support for pollution prevention among employees, the public, and the business community. The policy included recommendations for less toxic alternatives within each department and required phase-outs of specific chemicals used in facility applications. Alternative materials were chosen where the most pressing problems were identified. Adopted recommendations included: 1. Adoption of a formal Pollution Prevention Policy to institutionalize the progress already made and provide for continuing reduction in the City's use and release of toxic materials. 2. Adopt Best Management Practices developed in the pilot program. 3. Develop a purchasing criteria and policy for products that contain toxic materials. The criteria shall emphasize a switch of products from those previously purchased to nontoxic or least toxic alternatives where reasonable, and to include this criteria in consultants contracts, requests for proposals, and landscape & maintenance contracts and bid packages. 4. Reduce the use of pesticides, specifically materials used by city contractors. Where alternatives exist, staff recommend that the use of two formulations of'2,4-D' be discontinued and the following pesticides targeted for reduction to the lowest possible level and eventual phase-out: Dursban, Diazinon, Torus 2E, and Tempo. 5. Request industrial hygienist to provide an overall evaluation of key areas within the city. Staff completed this recommendation and forwarded it to the risk manager for reVIew. 6. Reduce gasoline utilization via replacement of vehicles in the fleet that utilize alternative fuels. 7. Develop a tracking form and process so quantities and costs of materials targeted for use-reduction or phase-out can be easily accounted for on an annual basis by fiscal year. /7" d( Page 3, Item Date 4/21/98 Toxic/Hazardous Substances Used Within the City The City does not use many substances identified on State Proposition 65 and CALOSHA hazardous material lists, but there are a few. These were the key materials recommended for phase-out. They include: (1) Trimec and Weed-B-Gone which both contain 2,4-D and are used as a pesticide in one or more parks; (2) polytech MAB-1 0 used in building construction and repair -- containing methylene chloride; (3) Stamark brand primer P-46 and safety kleen solvent used in maintenance - containing benzene. Pilot Program Conducted Prior to adoption of the policy, a staff committee was formed to conduct a pilot program at the Parkway Memorial Recreation Center. An 8-week pilot project was conducted to evaluate alternative pest control and cleaning methods and products for a trial period at one site. It was anticipated that alternatives which proved to be workable and acceptable to staff during the pilot program may be implemented citywide. Parkway Memorial Recreation Center was the site used for the pilot project. Building pest control, landscape pest control, and cleaning staff met with the consultant and discussed the alternatives to be tried. Each of the three groups kept ongoing records with weekly notations on what worked and what didn't. Cleaning staff tested cleaning alternatives for most major cleaning applications. They were satisfied with results on most alternatives except the floor cleaner. They noted that additional training on use of new products would be helpful. Successful pest control alternatives were found for fungicides and herbicides used in landscape pest control under the Park and Recreation Department. Other suggested alternatives were not tried because no pest problems arose during the pilot test period. These alternatives tested were found to be successful. Structural pest control (i.e., ants, cockroaches, and fleas in and around buildings) is performed by an outside contractor, Paul Taylor of Commercial of California. This contractor already works in an Integrated Pest Management mode. His weekly service consists of monitoring for pest problems, recommending additional sanitation measures when needed, and providing occasional spot treatments with least-toxic pesticides. EHC made several recommendations for additional pest control alternatives, which Mr. Taylor accepted. Status Report on Implementation of Recommended Changes: The following list identifies those recommendations approved by City Council and a status update on their implementation, listed by each department. /7--;1 Page 4, Item Date 4/21/98 TOXIC POLICY IMPLEMENT A TION BY DEPARTMENT I. Printing a) Issue: Inks Recommendation: Identify a soy-based ink that will work well with the city's printing needs. Vanson provides a 30-50% vegetable oil-based ink (at least 20% coming from soy oil). Implemented: No The City currently uses conventional hydrocarbon-based inks for all out-sourced print jobs. Staff has contacted the printing contractor and the contractor agreed to use soy based inks if it is requested. They will also make the swithc at no additional cost to the City. Once staff provides direction to make the switch, the print shop will try these inks and if they do not work well, will notify staff and pull the item from the press. b) Issue: Paper Recommendation: Switch to recycled paper for all printing jobs. Implemented: Yes The City contracts with a printer which uses 20%-50% recycled paper in its printing jobs for the City. In-house copy paper, letterhead and envelopes are stock items and contain 20% post consumer recycled content. c) Issue: Solvent Ventilation Recommendation: The City print shop had a small offset printer, of which there was a lack of ventilation where the solvents were used in printing. Staff recommended replacing the solvent with a citrus based wash. Implemented: N/A The City's Print Shop is no longer in operation. All printing work is done outside of the City at a cost savings and the former print shop space has been remodeled for use by sewer billing personnel. J 7- tf Page 5, Item Date- 4/21/98 II. Public Works - Garage/Fleet a) Issue: Gasoline Powered Vehicles Recommendation: Continue evaluating alternatives to gasoline or diesel fueled vehicles. Implemented: In Process The City purchased two electric vehicles (EV) to be used for parking meter services. There were complications pertaining to replacement of batteries. The abilities of the batteries to respond did not reflect manufacturers expectations. The two EV's were recently sold to Humboldt State University where they will continue to be operated as electric vehicles. The City does not have any plans at this time to purchase more EV's. The City currently has four dedicated compressed natural gas (CNG) vans. The City is not purchasing CNG vehicles at this time. To assist in the expansion of the CNG fleet, the City is looking at installing a natural gas fueling site at City Hall. This fueling site will make fueling the CNG vehicles more convenient, encouraging greater use of the CNG vehicles. Chula Vista owns its own bus fleet but contracts the operations with MTDB. An evaluation is underway on CNG vs. diesel buses. This evaluation will determine which type of buses will be purchased in the future to replace older buses. The evaluation will also include a cost benefit analysis of converting other vehicles in the City's fleet. b) Issue: Auto Paints Recommendation: Continue current practice. Implemented: Yes The City buys auto parts pre-painted, so painting does not have to be done on-site. c) Issue: Parts Cleaner Recommendation: Continue current practice. Implemented: Yes A Safety-Kleen unit is present in the garage for cleaning parts using a petroleum hydrocarbon solvent. The solvent is collected by the company, recycled and reused. Solvent is being used only for final cleaning of parts. The tank is covered when not in use, and parts are allowed to drain completely to reduce spilling. d) Issue: Motor oil Recommendations: Evaluate switch to re-refined motor oil. Implemented: In process /7/5' Page 6, Item Date 4/21/98 According to Public Works, the City uses approximately 1,000 gallons of oil a year. In 1995, the Mayor attended the National Conference of Mayors annual meeting and signed the City up for a purchasing cooperative to purchase re-refined motor oil. This includes switching to re-refined motor oil from virgin motor oil and re-refined hydraulic oil from virgin hydraulic oil. Public Works staff has committed to switching to re-refined motor oil and hydraulic oil immediately and purchasing an alternative, less toxic anti-freeze as the current motor oil is needed. In order to assist in facilitating the switch, the Environmental Management Division will pay the difference between the cost of re- refined motor oil and virgin motor oil for up to three years if, after separate bidding, Public Works cannot obtain re-refined oil at an equal price to regular motor oil. This extra cost will be paid for out of the Used Oil Block Grant. Re-refined motor oil in bulk can be bought at $3.29 per gallon ($181 for a 55 gallon drum) compared to the current cost of$2.10 per gallon + $.16 per gallon ($124 per 55 gallon drum). The cost difference between the two is $1,100 annually. Re-refined hydraulic oil is also available at $2.75 per gallon. We are currently paying $1.95 per gallon. e) Issue: Use of antifreeze Recommendation: Purchase less toxic antifreeze for use in city vehicles. Implemented: In process Public Works staff has agreed to switch to less toxic antifreeze upon the next purchase order. Antifreeze attracts birds, dogs and cats because it has a sweet taste, but it is extremely toxic and has been recommended to be replaced by a less toxic alternative. Staff currently uses 100 gallons of antifreeze per year. The less toxic antifreeze can be obtained at a price of $5.49 gallon ($549 annually) compared to our current cost of $2.1 0 per gallon ($210 annually) for the same quantity of glycol antifreeze. The cost difference amounts an additional $339 annually. f) Issue: Recycle Antifreeze Recommendation: Set aside a place in the garage for 30-gallon containers of used antifreeze for recycling. Implemented: Yes The Garage has recently initiated a program to recycle used antifreeze from city fleet vehicles. Up to this point, the City had been disposing of used antifreeze in the sewer system. Used antifreeze typically contains high concentrations of copper, lead and zinc due to the antifreeze sitting in the vehicle radiator. Through Chula Vista Transit, staff was able to obtain a recycling service with Ashbury Environmental Services at no additional cost. This is because Chu1a Vista Transit already has them on contract. If the city were to obtain this service through other means, the cost would be $600 annually for the recycling service. Ashbury provides the City with a 55 gallon drum to contain used antifreeze; the company pumps the antifreeze out of the container on the spot, recycles it, and replaces it. /7-/ Page 7, Item Date 4/21/98 g) Issue: Diesel exhaust Recommendation: Evaluate recommendations of industrial hygienist. Implemented: Yes The City hired an industrial hygienist conducted an evaluation of the garage site in 1994. The results ofthe testing revealed "worst case" carbon monoxide levels above acceptable limits in one comer of the garage. CO levels measured during nonnal operations were below pennissible levels established by CAL/OSHA (see attached report for details). The industrial hygienist made several recommendations for improving ventilation: 1. Restore the underground Vehicular Emission System to a working condition. 2. Clean vent screens. 3. Implement dust control measures for the bulk material storage area. The underground Vehicular Emission System has not been restored, the vent screens have been cleaned, and the dry storage area is wetted down as needed to control dust. Also, the City is hopeful of moving to a new corporation yard site sometime within this year. These items could be built into tenant improvements at the new site. III. Public Works - Custodial Services Cleaning products are used regularly by the Custodial Division of the Public Works Operations Department and by the Parks and Recreation Department. The Custodial Division perfonns all regular cleaning of City Administration buildings, libraries, and the parks and recreation centers. Staff at the recreation centers also clean the facilities during evening hours and weekends, when the facilities are open to the public, but the custodial staff are off-duty. a) Issue: Concrete floors Cleaning problems related to rough, unsealed concrete floors in showers and outdoor restrooms. Recommendation: Apply a sealer to prevent seepage of organic matter in porous surfaces that cannot be thoroughly cleaned. Implemented: Yes The Parkway Community Center facility was refurbished approximately eight months ago. As part of the remodeling the floors in the indoor showers and restrooms were replaced with tile. This has alleviated the need to have sealer applied to facilitate cleaning. Several related cleaning problems appear to come from the rough, unsealed concrete floors in the showers and outdoor restrooms. The Loma Verde facility is scheduled for refurbishing which will include the installation of tile floors, which will allow for easier, more thorough cleaning. Otherwise, staff has implemented this change, which has obtained excellent results, according to staff, and a bit more expense, approximately $800 more for the sealer, but it has solved the problems in bathrooms with /7- 7 Page 8, Item Date 4/21/98 standing odors that otherwise penetrated into the concrete. b) Issue: Cleaning Services: In the past, a night cleaning crew from the Custodial Division cleaned the facilities, so that by the morning they were clean and dry. Dry surfaces are not conducive to bacterial/fungal growth and odor. Resumption of this cleaning shift would provide more effective cleaning and allow the use of less-toxic cleaning products for routine cleaning. Recommendation: Consider adjusting cleaning schedule to allow adequate time for drying facilities through night cleaning. Implemented: Yes A schedule change was considered and accepted. The Custodial Division currently have 5 individuals conducting night cleaning in the recreation centers. This solution has improved conditions and reduced slip-risk for the public. c) Issue: General Cleaning Problems: There is a variety of products that the city's janitorial service comes in contact with. These include ink on desks and tables, cleaning in the recreation centers and libraries. Staff currently uses Super-800, a glycol ether containing a product considered irritating and strong smelling by workers. Recommendation: Replace Super 800 Implemented: Yes Super 800 has been replaced with Zonk/NBC Non-Butyl Concentrated Cleaner/Degreaser and Envirocare, which resulted in a $375 savings. Zonk is equally as hazardous as the Super 800 but the Public Works department is phasing Zonk out and switching permanently to Envirocare. No additional costs have been incurred. TSP is also used, which is a stronger cleaner for tough cleaning jobs, such as removing ink. d) Issue: Replace cleaners that contain oxalic acid and ammonia for metal doorknobs, etc. Recommendation: Replace Brite Boy Metal Polish: Bright Boy contained oxalic acid and ammonia. Recommended substitute to be moderately abrasive cleaner without acid or ammonia, such as Kleen King Stainless St~el and Copper Cleaner, which contains abrasive minerals and a non-ionic surfactant. Implemented: Yes Custodial Services has discontinued use of Brite Boy Metal Polish. In an effort to reduce the man-hours necessary to polish surfaces, no substitute has been implemented. Staff is J7~r Page 9, Item Date 4/21/98 cleaning these surfaces/items with Envirocare and Zonk Concentrated Cleaner/Degreaser. Staff is no longer polishing metal. e) Issue: Phase-out solvent-based graffiti removers. Recommendation: Suggested replacement: So Safe or other citrus-based graffiti remover. Implemented: No Staff is using poly tech GG80, which is solvent-based, for rough spots. The solvent-based graffiti remover is primarily used outside. In some situations, staff is using a water-based graffiti remover, called Citrus-all, for counter-tops and where there are ink-markers in the library areas, where there is a large concentration of people. j) Issue: Replace Bubble Gum Air freshener Recommendation: Replace with mineral deodorizer. Implemented: Yes The air freshener was used to cover up odors. One best management practice, which is in the process of being implemented, is to replace concrete surfaces with tile and to clean in the evenings. An additional cleaning shift has been added (night shift), which has helped the situation. A different brand of Bubble Gum Air Freshener is still being used on occaSIOn. g) Issue: Replace sudsy ammonia solution glass cleaner Recommendation: Replace with a vinegar solution Implemented: Yes Sudsy ammonia solution has been replaced with a vinegar and water solution. h) Issue: Substitute Cling On tile cleaner for removal of soap and water spots with a citrus-acid based cleaner Recommendation: Substitute a citrus-acid based cleaner Implemented: No Cling On has been phased out and TSP (tri sodium phosphate) is currently being used for floors and envirocare for chrome piping. We are still using Cling On for showerhead piping. TSP does not work for chrome. i) Issue: Reduce hard water and calcium build-up to eliminate the use of cling-on cleaner. Recommendation: Install a Water Conditioning Unit to reduce water and soap spots Implemented: No Installation of a Water Conditioning Unit could not be done. An effective alternative, 17-; Page 10, Item Date 4/21/98 less costly, was accepted and will be tested soon. j) Issue: A-500 tile cleaner contained quaternary ammonium chlorides. Recommendation: Replace A-SOO tile cleaner, disinfectant with citric acid based product. Suggested replacement: Naturally Yours Basin/Tub/Tile cleaner or similar citric acid-based product. Citric acid is not considered a disinfectant although it may have weak disinfecting action. This cleaner has been used successfully in the City of Santa Monica to clean all public restrooms and showers, including heavily used outdoor facilities. Implemented: Yes A-SOO is no longer being used. It has been replaced with EnviroCare Neutral Disinfectant. Custodial staff has been using this product on a test basis to determine its effectiveness. k) Issue: Pine Odor Disinfectant, containing quaternary ammonium chlorides and pine oil, for basic sanitation, and a hydrochloric acid- based cleaner for removal of hard water deposits. Recommendation: Replace Pine Odor Disinfectant toilet bowl cleaner with citric acid based cleaner. The cleaner may need to be left on longer or used more frequently to remove hard water deposits. Implemented: No - used on a limited basis Pine Odor Disinfectant is only being used for hardwood floors. Bleach is currently being used for disinfecting toilets and other areas, EnviroCare Neutral Disinfectant in areas where full protection disinfection is needed. l) Issue: Current product is enzyme based and digests organic matter and may block drain if allowed to accumulate. Recommendation: Replace enzyme-based drain cleaner. Implemented: Yes Most drainage problems are fixed with machines. The city uses routers, augers and drain presses. On rare occasion United 77, a chemical drain cleaner is used (see MSDS #6). Proper handling is essential. m) Issue: Use non-toxic cleaners on gym flooring Recommendation: Cleaner for gymnasium floors to use vinegar and water. Implemented: No Staff uses pine odor on floors because of its oil base. ) 7//t? Page 11, Item Date 4/21/98 Suggestio ns/C 0 m plain ts None. Custodial staff is happy with changes and feels the level of cleanliness has not been diminished due to Pollution Prevention Policy changes. IV. Parks and Recreation a) Swimming Pool Chemicals Issue: Pool Chemicals Recommendation: Test feasible alternatives for chlorine-based disinfection available for public pools and compatible with health codes. Implemented: Yes/No Several major changes have already been made to use safer substitutes that will effectively disinfect and maintain pH balance in the pools. At the City's two swimming pools (Parkway Memorial Recreation Center and Loma Verde) chlorine gas has been replaced with sodium hypochloric acid (chlorine bleach). Both pools have also replaced muriatic acid with CO2. However, staff is still supplementing CO2 with some muriatic acid but not nearly at the toxic levels as before. These changes meet Health Department standards. h1 Pesticides Issue: Phase out priority pesticides for use in landscape and recreational areas. Five pesticides that are high priority for phaseout are: - 2,4-Dichlorophenoxyacetic (2,4-D) acid -- found in Trimec and Weed-B-Gone - Diazinon - Dursban - Tempo - Torus 2£ Recommendation: Phase-out products that contain 2,4-D. Other pesticides (Diazinon, Dursban, Tempo, and Torus 2E) should have high priority for implementation of alternatives to reduce or eliminate their use. Implemented: Yes The only two products used by the Parks and Recreation Department are Round-Up and Surflan. Round Up is used for weed control and Surflan is used for seed regermination. All previously used pesticides have been permanently phased-out. The Park and Recreation Department no longer uses 2,4-Dichlorophenoxyacetic (2,4-D) acid -- found in Trimec and Weed-B-Gone, Diazinon, Dursban, and Tempo. Torus 2E was never used. ) 7-1/ Page 12, Item Date 4/21/98 Round-Up is currently the only product being used for weed control. The pesticides used by the City's contractors are Round-up for pests and the contractors have special permits from the Department of Agriculture for other materials to use for gopher control. These include aluminum phosphates, zinc phosphates and strychnine. Issue: Training Staff to recognize and implement Integrated Pest Management (IPM) techniques and to work with contractors to assure they use IPM. Recommendation: Implement an Integrated Pest Management (IPM) training program to provide permanent, least-toxic pest control for the City. Implemented: Partially The City does not have a formal IPM program. To control bugs a level of cleanliness is maintained in restrooms and public places. The City has a mulching program in place. The mulch is used around city buildings to control pests. To control ants, cornmeal is used. To date, pest management has not been a significant problem. No bug spray is currently being used. Pest control contractors are still using strychnine, aluminum phosphates, zinc phosphide for gophers. v. Purchasing Issue: Ensure that the City is using the best available options for pollution prevention throughout the city. Institutionalize the use of non- toxic and less toxic products for city departments by inviting bidders to provide a less-toxic alternative in addition to the item requested. This information will be used to help determine bid WInners. Recommendation: Develop a purchasing criteria and policy for products that contain toxic materials. The criteria shall emphasize a switch of products from those previously purchased to nontoxic or least toxic alternatives where reasonable, and to include this criteria in consultants contracts, requests for proposals, and landscape & maintenance contracts and bid packages. Implemented: No The Purchasing Division has been open to energy efficient options when soliciting bids. The opportunity is generally provided to bidders to propose environmentally sound products and equipment. However, a less toxic alternative option is not actively solicited unless the City requests such a product. Therefore, greater emphasis in bid documents and a more proactive approach can be taken. The purchasing division has committed to improve promoting the City's position on less toxic alternatives, energy efficiency and conservation through the bid process. ) 7~ / ð Page 13, Item Date 4/21/98 Conclusion The City has made strides toward toxic use reduction and has successfully and substantially reduced usage in some areas altogether. Four major toxic pesticides, which were the top priority, have been completely phased out of use by staff; a bit is still used by the City's landscaping subcontractor under Park and Recreation. Discharging antifreeze into the sewer system will cease shortly, the garage is beginning to use re-refined motor oil and hydraulic oil for the first time. The janitorial staff has done an excellent job at switching to nontoxic and less toxic alternatives for cleaning products in city facilities. The following areas are recommended for implementation to further implement the policy next year: Recommendations for Further Implementation: a) Pesticides: Provide greater direction and monitoring of contractors using pesticides in public spaces and require that they follow the City I s Pollution Prevention Policy. b) Paints and Carpeting: Begin using only low volatile organic compound (VQC) and water-based paints and carpet adhesives for indoor applications, including using carpeting and carpet adhesives that meet the Carpet Research Institute (CRI) industry standard for low VQCs. c) Print Jobs: Switch to less toxic inks for the City's prints jobs, wherever possible. d) Vehicle Purchases: Develop standard language in all vehicle bids and provide that information to Council and staff when making major vehicle purchase decisions. Additional information would include: 1) Miles per gallon (MPG) for each vehicle, 2) specifically encouraging alternative fuel vehicle option for same or similar car, in addition to regular vehicle bid, e) General Bidding Process: Create more prominent language within the bid process to request bids on nontoxic alternative materials for products where alternatives exist and develop strategies to pro- actively seek alternatives through the bidding process. )]-/3 Page 14, Item Date 4/21/98 Fiscal Impact: There have been general cost reductions in custodial services due to switching some of the cleaning products to a vinegar based cleaner and other cleaners, such as saving $375 by switching from a Super800 janitorial cleaner to envirocare. 85% of all products are purchased from one company now and due to the volume of purchasing, the prices are lower. Public Works garage will experience a $1,300 increase due to switching to re-refined motor oil, hydraulic oil and less toxic anti-freeze, however $1,100 is being paid for out of the used oil recycling grant. No cost differences were mentioned by any other department. Exhibit A: Polution Prevention Policy /?~ /J} RESOLUTION NO. / o9¿;: 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING ANNUAL TOXICS POLICY REPORT ON IMPLEMENTATION OF THE MUNICIPAL POLLUTION PREVENTION POLICY AND SUPPORTING RECOMMENDATIONS TO FURTHER IMPLEMENT THE POLICY WHEREAS, the Environmental Health Coalition (EHC) and the city of Chula Vista worked jointly on a multi-year Municipal Pollution Prevention project starting in July of 1993 and ending in July of 1995 which project was funded by a $30,000 grant to EHC from the Jesse Smith Noyes Foundation; and WHEREAS, the goals of the project were to (a) audit the use of toxic products in city public places and city work areas, (b) reduce the use of toxic materials used in City operations, and (c) to create a model for other cities to follow; and WHEREAS, in August 1996, the city Council approved the report and adopted a new pollution prevention policy; one element in the policy was t provide an annual update for Council to review implementation progress; and WHEREAS, in December of 1997, staff reviewed the original recommendations and followed up with all affected city departments to determine if the recommended suggestions had been implemented, and if these recommendations were of benefit to the department; and WHEREAS, the report contains findings from the follow-up and is provided for the City Council to review progress made by staff. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the annual Toxics Policy Report on implementation of the Municipal Pollution Prevention Policy and support the recommendations attached hereto as Exhibit "A" to further implement the policy. Presented by Approved as to form by Barbara Bamberger, Environmental Resource Manager C:\RS\TOXICS.REP ~ )7~J~ Exhibit A Recommendations- Pollution Prevention Policy a) Pesticides: Provide greater direction and monitoring of contractors using pesticides in public spaces and require that they follow the City's Pollution Prevention Policy. b) Paints and Carpeting: Begin using only low volatile organic compound (VOC) and water-based paints and carpet adhesives for indoor applications, including using carpeting and carpet adhesives that meet the Carpet Research Institute (CRI) industry standard for low VOCs. c) Print Jobs: Switch to less toxic inks for the City's prints jobs, wherever possible. d) Vehicle Purchases: Develop standard language in all vehicle bids and provide that information to Council and staff when making major vehicle purchase decisions. Additional information would include: 1) Miles per gallon (MPG) for each vehicle, 2) specifically encouraging alternative fuel vehicle option for same or similar car, in addition to regular vehicle bid, e) General Bidding Process: Create more prominent language within the bid process to request bids on nontoxic alternative materials for products where alternatives exist and develop strategies to pro- actively seek alternatives through the bidding process. /7~/? - APPENDIX A I COUNCn.. POLICY I CITY OF CHULA VISTA SUBJECT: POLLUTION PREVENTION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 1 ADOPTED BY: Resolution No. I DATED: POLLUTION PREVENTION POLICY The City of Chula Vista uses in its operations potentially hazardous and toxic materials in the course of providing operations and maintenance of city owned facilities. These materials pose potential hazards to city employees and members of the public, and constitute toxic pollution when released to the environment. These materials generate costs associated with purchase, regulatory compliance and disposal. Local governments have the opportunity and obligation to act as regional leaders in pollution prevention, by procurement of least-toxic materials, and by educating the public regarding its efforts to reduce the use of toxics. Accordingly, the policy of the City of Chula Yista is to prevent pollution resulting from its activities whenever possible. The City will acéomplish this by reducing the toxicity and volume of hazardous materials used to the greatest extent possible, and will incorporate a mechanism to ensure continuous improvement in its pollution prevention practices. GO AL ST A TEMENT 1. Ensure that the City is using the best available options for pollution prevention throughout City. 2. Promote awareness and support for pollution prevention among employees, the public, and the business community. GUIDING PRINCIPLES City operations and maintenance activities will be structured so that the need for toxics is reduced or eliminated. Strategies for pollution prevention include choice of materials and design; preventive maintenance; operating procedures; and product substitution. When a toxic material is needed, the amount used shall be the least possible. The material will be used in a protocol" that includes training, establishes documentation, and monitoring. The protocol will be established by staff upon approval of the policy. . . / 7/ /? I COUNCIL POLICY I CITY OF CHULA VISTA . SUBJECT: POllUTION PREVENTION POLICY POLICY EFFECTIVE NUM:BER DATE PAGE 2 ADOPTED BY: Resolution No. I DATED: The public will have access to infonnation about hazardous materials used by the City as required by state law. The public will have access to infonnation about pollution prevention. In certain cases, public education itself may be the Best Management Practice. The policy will continue to evolve through ongoing review and update as new infonnation becomes available and better techniques are products are developed. IMPLEMENT A TI 0 N 1. The City shall implement the Polution Prevention Policy. Pollution Prevention Plans shall be developed for each major department dealing with hazardous and toxic substances. The Plans shall include: A. A timeline for implementation of plans shaH be developed and incorporated into the pollution prevention plans. °Timelines shall result in implementation of product substitutions, minor building improvements such as caulking, and other measures that do not require major capital expenditures, within three years. B. Incentives and recognition for employees who advance the implementation of pollution prevention by identifying substantially new approaches, techniques, or products to reduce use of toxics. 2. Development of toxies audit tracking fonD and procedures, to be used with toxic materials that remain in use, so that the amounts and costs of using the materials can be quantified on a yearly basis. 3. Pollution prevention measures shaH be tracked to detennine costs and savings, and corresponding reductions in use of toxic materials. J?~/~ . 0 - I COUNCIL POLICY I CITY OF CHULA VISTA SUBJECT: POLLUTION PREVENTION POLICY POLICY EFFECTIVE NUMBER DATE PAGE 3 ADOPTED BY: I DATED: 4. Identification of pending state and federal legislation that may help or hinder cities to conduct pollution prevention, and recommendations to the Council regarding support, opposition, amendment of such bills. 5 A report shall be prepared and presented to the Council each January regarding progress in implementation of the policy, and recommendations for amendments, if any, to the policy. 6. Development of a pollution prevention staff task force which will implement Council recommendations, and shall be established to track and analyze on an ongoing basis, the implementation of this policy. This task force shall act as a resource to staff and Council on issues related to the use of potentially hazardous or toxic substances. The City Managers office shall take the lead in establishing this task force. 7. Adoption of the Best Management Practices (BMP), as listed in Exhibit A. .- 8. Develop a purchasing criteria and policy for products that contain toxic materials. Criteria shall take into account environmental and public health criteria and emphasize a switch of products from those previously purchased to nontoxic or least-toxic alternatives where reasonable, and to include this criteria in consultants contracts, requests for proposal, and landscape and maintenance contracts and bid packages. / ;: ~ /7 COUNCIL POLICY CITY 0 F CHULA VIST A SUBJECT: Pollution Prevention Policy Attachments POLICY EFFECTIVE NUMBER DATE PAGE 08- 20-96 1 0£9 ADOPTED BY: I DATED: BEST MANAGEMENT PRACTICE ffiMP) RECOMJvŒNDATJONS: The EP A defines BMPs as folIows: "Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. ' BMPs also include treatment requirements, operating procedures, and practices to control plant site ronoff, spi /Iage or leaks, sludge or waste disposal, or drainage from raw material storage. "1 Print Shop The City print shop is a small offset printer which does a high volume of work. Staff recommends an ." . evaluation be made to examine the possibility of venting solvents outdoors. Current practice is to leave the door of the print shop open. Direct ventilation may increase the protection of personnel in the building working in close proXÌmityto these solvents. 1. Current Use/Issue: Blankrola solvent Staff has been evaluating a substitute for Blankrola, which contains perchloroethylene. This chemical is listed on the Director's List as a carcinogen. BMP: Continue evaluating new products to replace Blankrola. Also consider substituting a citrus-based blanket wash product. 1. Guidance Manual for the Preparation of Part J of the National PolIution Discharge Elimination System (NPDES) Permit Applications for Discharges from Municipal Separate Storm Sewer Systems, EP A, April, 199 I. EP A-505/8-9 I -003 A. ) 7- d-V COUNCIL POLICY CITY OF CHULA VISTA - SUBJECT: Pollution Prevention Policy Attachments POLICY EFFECTIVE NUMBER DATE PAGE 08-20-96 2 of9 ADO PTED BY: I DATED: Associated Costs: The city currently uses Blankrola at a cost of $46 per gallon. Helion produces a low volatile organic compound (VOC) product called Safe Solve 240-A. This solvent is currently used by the City of Santa Monica. It utilizes a water rinse and wipe off blade. To compare the two, instead of using a pint ofBlankrola, approximately $6.00 worth, one would use a smaller quantity (i.e: 1-2 ounces) of Safe Solve 240-A at an approximate cost of$14-$16 per ounce. Another alternative is Nature Wash at $42 per gallon. 2. Current UselIssue: Inks The City currently uses conventional hydrocarbon-based inks in the print shop. Soy-based inks are available and the cost is currently $31.55 for a 5# can which equates to $6.31 per pound The City of Santa Monica print shop found that J 00% soy-based ink did not work well; they now use a partially soy-based product. ,-- BMP: Identify a soy-based ink that will work appropriately with the city's printing needs. Vanson provides a 30-50% vegetable oil- based ink (at least 20% coming from soy oil) at a cost of$8.00 per pound. Associated Costs: Last year the city used 100 pounds of hydrocarbon-based ink at a total cost of$574.20. Soy-based/vegetable oil-based inks could be purchased for $800 or less for the same amount. Switching to a less toxic ink would cost the city an additional $225.80 per year. 3. Current UselIssue: Paper The shop currently uses recycled paper for about 90% of its work. BMP: continue. 4. Current Use/Issue: Increased ventilation in the Print Shop. The City hire an industrial hygienist to evaluate the print shop to determine control methods for solvent vapors. BMP: Follow recommendations of industrial hygienist I' ) 7-02 / COUNCIL POLICY . CITY OF CHULA VISTA SUBJECT: Pollution Prevention Policy Attachments POLICY EFFECTIVE NUMBER DATE PAGE 08-20-96 3 of9 ADOPTED BY: I DATED: Public Works: Equipment Maintenance 1. Current Use!lssue: Gasoline powered vehicles The City is currently test-driving two electric vehicles. A number of trucks have been converted to compressed natural gas (CNG). The City is also involved in a national program to evaluate alternative fuels and a ground breaking demonstration of fuel cell technology for transit buses. BMP: Continue evaluating alternatives to gasoline or diesel fueled vehicles. 2. Current Issue: Motor Oil: The City uses 4,000 gallons of oil a year. BMP: Evaluate switch to re-refined motor oil. 0- 3. Current Issue: Use of antifreeze: The city currently uses 100 gallons of antifreeze per year. There are two issues regarding the use of antifreeze that have been addressed in this report. The first has to do with properly dÏsposing the waste to reduce its environmental impact, and the second is its potentially harmful effect on wildlife. Used antifreeze may contain high concentrations of copper, lead and zinc due to the antifreeze sitting in the vehicle radiator. The City currently disposes of the antifreeze in the sewer system. - Recycling is the recommended approach. Recycling used antifreeze can easily be done. Additionally, the city can begin to purchase a less toxic antifreeze cpmpound on the market which contains propylene glycol instead of ethylene glycol. Ethylene Glycol, is toxic to animals if ingested, pursuant to section 6626. 24(a)(8) , Title 22, 22CCR. Antifreeze attracts birds and animals because of its sweet taste. The California Condor recovery program was stifled by condors drinking antifreeze and dying. One alternative brand was located: Sierra Antifreeze, manufactured by Safebrands Corp. This brand is considered five to ten times safer than typical antifreeze. This type of antifreeze is also accepted by Safety-Kleen for recycling. The annual cost difference between the two products is an additional $289.00. II /7----022 ,. ~ COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Pollution Prevention Policy Attachments POLICY EFFECTIVE NUMBER DATE PAGE 08-20-96 4 of9 ADOPTED BY: I DATED: BMP: Conduct a pilot test of Sierra Antifreeze in City vehicles. Associated Costs: The City currently purchases 100 gallons of antifreeze per year at a cost of $3.77 per gallon. Sierra antifreeze, the recommended alternative is $6.66 per gallon. The cost of switching to the less toxic alternative an additional $289 annually. BMP: Set aside a place in the garage for 3D-gallon containers of used antifTeeze for recycling. 4. Current Use/Issue: Auto Paints The City currently buys auto parts pre-painted, so that painting does not have to be done 011 site. ~ BMP: Continue. 5. Current Use/Issue: Parts Cleaner: A Safety-Kleen unit is present in the garage for cleaning parts using petroleum hydrocarbon solvent. This type of unit is beneficial because used solvent is collected by the company, thus reducing exposure to city workers, and the solvent is recycled and reused. BMP: Continue to use solvent onJy for final cleaning of parts; cover tank when not in use to prevent evaporation; allow parts to drain completely to reduce spilling. 6. Current Use/Issue: Diesel exhaust: It is sometimes necesscuy to have engines ronning in the garage, which adjoins a building where other City operations take place. As in item 4 above, staff recommends hiring an industrial hygienist to evaluate ventilation needs in the garage related to diesel exhaust. BMP: Evaluate recommendations of the industrial hygienist. Cleaning Products Clearung products are used regularly by the Custodial Division of the Public Works Operations division and by the Parks and Recreation Department. The Custodial Division performs all regular cleaning of City Administration buildings, libraries, and the parks and recreation centers. Staff at the Recreation centers also clean the facilities during evening hours and weekends, when the - /7/~ .' . COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Pollution Prevention Policy Attachments POLICY EFFECTIVE NUMBER DATE PAGE 08-20-96 5 of9 ADOPTED BY: I DATED: facilities are open to the public but the Custodial staff are off duty. In addition to the BMPs. one other recommendation derives fTom staff input to the process: Clearùng protocols become standardized to assure both Custodial and Recreation staff are using the same products and procedures. ~raining materials be established for staff working in the recreation centers, including part-time evening and weekend staff, in order to receive adequate information about cleaning techniques and their potential hazards if not used properly. BMPs: 1. Current Use/Issue: Concrete Floors Several related cleaning problems appear to come from the rough, unsealed concrete floors in the showers and outdoor restrooms. State law regarding public restrooms, toilet, and dressing facilities requires: -. For shower, toilet, and dressing facilities, the walls, partitions, doors, lockers, and similar surfaces which require periodic cleaning shall he maintained smooth and finished so as to facilitate cleaning. (CCR, Title 22, Section 65551) The indoor showers and restrooms are scheduledfor remodeling which will include re-grouting and sealing. The outdoor restrooms should at least have the sealer applied to reduce the frequency and increase the effectiveness of disinfectant cleaners used BMP: To apply a sealer to prevent seepage of organic matter in porous surfaces that cannot be thoroughly cleaned. 2. Current UselIssue: Cleaning Services In the past, a night cleaning crew from the Custodial Division cleaned the facilities, so that by the morning they were clean and dry. Dry suifaces are not conducive to bacteriallfimgal growth and odor. Resumption of this cleaning shift would provide more effective cleaning and allow the use of less-toxic cleaning products for routine cleaning. BMP: Consider adjusting cleaning schedule to allow adequate time for drying facilities through night cleaning. / 7~J 'i ,. COUNCIL POLICY CITY OF CHULA VISTA - SUBJECT: Pollution Prevention Policy Attachments POLICY EFFECTIVE NUM:BER DATE PAGE 08-20-96 6 of9 ADOPTED BY: I DATED: 3. Current Usellssue: General Cleaning Problems There is a variety of products that the city's janitorial service comes in contact with. These include ink on desks and tables, cleaning in the recreation centers and libraries. Staff currently uses Super-800, a glycol ether containing a product considered irritating and strong smelling by workers. BMP: Replace Super 800 with trisodium phosphate cleaner, either generic tsp or brand same which also contains sodium sesquicarbonate, Gloves are required with either alternative product. For indoor walls, doors and countertops, replace Super 800 with Naturally Yours AlI- Purpose Cleaner or similar citrus-based cleaner. Naturally Yours is a line of cleaning products made trom citrus-derived solvents. BMP: Metal polish. Previously used: Brite Boy Metal Polish, contains oxalic acid and anunonia. Recommended substitute: a moderately abrasive cleaner without acid or ammonia, such as Kleen King Stainless Steel and Copper Cleaner, which contains abrasive minerals and a --- nonionic surfactant. BMP: Graffiti remover. Previously used: solvent-based graffiti removers. Suggested replacement: So Safe or other citrus-based graffiti remover. BMP: Air freshener for showers and restrooms. Previously used: Bubble Gum Air Freshener, disinfectants. Suggested instead: seal porous concrete surfaces, as noted above; add an additional cleaning shift per day, as suggested above; substitute Earth Care products mineral deodorizer, a zeolite-based deodorizer, or other mineral deodorizer which acts as a filter and does not release anything into indoor air. BMP: Glass cleaner. Previously used: sudsy ammonia solution. Suggested replacement: vinegar and water solution or commercial citrus-based glass cleaner such as Naturally Yours Glass and Window Cleaner. BMP: Tile cleaner for removal of soap and water spots. Previously used: Cling On, a phosphoric acid containing product. Suggested substitute: Naturally Yours BasirvTubffile cleaner or similar citric acid-based product. I' J7/~~ -, ~ COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Pollution Prevention Policy Attaclunents POLICY EFFECTIVE NUMBER DATE PAGE 08-20-96 7 of9 ADOPTED BY: I DATED: BMP: Water Conditioning Unit: An additional step which would reduce water and soap spots and reduce the need for cleaning to remove them, is installation of a water conditioning unit to the water line coming into the building. A water conditioner, as opposed to a water softener, does not add or remove minerals from water; it consists of a semi-precious metal alloy which changes the electrical properties of mineral ions so that they do not precipitate out. It also has potentially great benefits for reducing the amount of cleaning and chlorine needed for the swimming pools. Staff is recommending evaluation of a system, for a trial period, on a water line which supplies water to a swimming pool and adjacent building. BMP: Tile cleaner, disinfectant. Previously used: A-SOD; contains quaternary ammoruum chlorides. Suggested replacement: Naturally Yours BasinlTublTile cleaner or similar citric acid- based product. Citric acid is not considered a disinfectant although it may have weak disinfecting action. However, this cleaner has been used successfully in the City of Santa Monica to clean all public restrooms and showers, including outdoor facilities used by Santa Monica's large homeless population. According to staff, both custodial workers and the public are pleased with the level of sanitation and the smell of the facilities. ~- BMP: Spot cleaning of body fluids. Previously used: chlorine bleach (5.25% sodium hypochlorite) for fast, effective cleanup and disinfection of spills of potentially pathogenic organic materials such as blood and human wastes. We do not recommend any change in this procedure, in accordance with City policy on prevention of blood-borne pathogens and general worker safety considerations. BMP: Toilet Bowl Cleaner. Previously used: Pine Odor Disinfectant, containing quaternary ammonium chlorides and pine oil, for basic sanitation, and a hydrochloric acid-based cleaner for removal of hard water deposits. Suggested replacement: Naturally Yours Toilet Bowl Cleaner, or other citric acid based cleaner. The cleaner may need to be left on longer or used more £Tequently to remove hard water deposits. . BMP: Drain cleaner. Currently used: an enzyme based product which digests organic matter that may block drains if allowed to accumulate. Suggested alternative: Continue current practice, This is the safest type of product available for prevention and clearing of blocked drains. BMP: Cleaner for gymnasium floors, Currently used: a vinegar/water solution, Suggested cleaner: continue current practice. II /7 --- c2? I . .- COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Pollution Prevention Policy Attachments POLICY EFFECTIVE NUMBER DATE PAGE 08- 20-96 8 of9 ADOPTED BY: I DATED: Swimming Pool Chemicals The Recreation Division of Parks and Recreation has responsibility for maintaining the City's two swimming pools, at the Parkway Memorial Recreation Center and at Lorna Verde. Current Use/Issue: Pool Chemicals Several major changes have already been made to use safer substitutes that will effectively disinfect and maintain pH balance in the pools: - Chlorine gas: replaced with chlorine bleach. - Muriatic acid: replaced with CO] at one pool so far, with plans to introduce it at the other pool as well. -- BMP: Test feasible alternatives for chlorine-based disinfection available for public pools and compatible with health codes. Pesticides 1. Current UselIssue: Phase out priority pesticides for use in landscape and recreational areas. Of the pesticides used by and for the City ofChula Vista, only Drione is considered low enough in risk that the BMP is to continue using it indefinitely. For all the remaÙ1Î/lg pesticides the goal should be to ultimately phase them out. Five pesticides that are high priority for phaseout are: - 2,4-Dichlorophenoxyacetic (2,4-D) acid -found in Trimec and Weed-B-Gone - Diazinon - Dursban - Tempo - Torus 2£ BMP: Products that contain 2,4-D be phased out. Other listed pesticides should have the highest priority for implementation of alternatives to reduce or eliminate their use. \ /?~ 2) .,', - COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Pollution Prevention Policy Attachment POLICY EFFECTIVE NID.1B E R DATE PAGE 08-20-96 9 of9 ADOPTED BY: I DATED: BMP: An Integrated Pest Management (IPM) training program be implemented to provide pennanent, least-toxic pest control for the City. The IPM program is proposed to consist of the following elements: L Identification of all potential pests 2. Establishment of monitoring guidelines for each pest 3. Establishment of injury levels and action thresholds for each pest species before doing any treatment 4. Creation of a record keeping system 5, Development of a list of acceptable management strategies for each pest. The existing list ofBMPs for pest control may be used as a reference in developing this list. 6. Development of specific criteria for se]ection of pest management methods. 7. Development of guidelines to be followed each time a pesticide is used. 8, Development of a list of resources 9. Establishment of procedures for review and update of the IPM program. /I )7-õl~ COUNCIL AGENDA STATEMENT Item I? Meeting Date 4/21/98 ITEM TITLE: Resolution I QéléJY Approving the Regional Wastewater Disposal Agreement with the City of San Diego and the Participating Agencies SUBMITTED BY: Director of Public Works 'rt;;: REVIEWED BY: City Manager J ~ ~ ~ (4/5ths Vote: Yes_No_) Chula Vista has been working with other regional sewer agencies and the City of San Diego to develop a new Metro Sewage agreement which would extend the existing agreement past 2013 to 2050 and allow guaranteed service beyond 2050. This new agreement is based on the "Principles of Understanding" which were approved by Council in December of 1996. A fmal agreement has been prepared and is before you for approval. Most of the items in the agreement are beneficial to Chula Vista. However, there is one area of concern that is somewhat ambiguous that Council may want further clarification from San Diego City Council. That has to do with the right of San Diego to sell the system to a private enterprise. This memo will discuss that concern and highlights of the agreement. RECOMMENDATION: That Council approve the agreement but seek clarification from the San Diego City Council on their intention of selling the system and increasing our costs because of a sale. BOARDS/COMMISSIONS RECOMMENDATION: DISCUSSION: Process in Developing New Agreement The "Principles of Understanding" were approved on December 17,1996. They were to be the basis of a new agreement between the Agencies for Sewage treatment. A copy of the Principles and our transmittal memo are attached as Exhibit A. The AFFORD group developed a new agreement and presented it to the City of San Diego last summer. San Diego redid portions of the AFFORD agreement and then met over a period of nearly a year with representatives of the AFFORD group to produce a new agreement. The new agreement is to such a point that the participating agencies are now ready to sign. Also attached as Exhibit B is a comparison chart for Council review which compares various sections of the 1960 Agreement with the AFFORD Agreement and the final agreement. Overall the proposed contract has some significant accomplishments/gains over the existing contract that staff feels are important to mention: 1) Guaranteed Service to the Year 2050 - This was a significant accomplishment in the negotiations, but also comes as somewhat of a double edged sword. San Diego wanted only 30 years but ultimately agreed to a 50 year service commitment. However, in exchange for the long term agreement, San Diego required the equivalent of a flow control agreement ITom ) ð--I Page 2, Item - Meeting Date 4/21/98 the participating agencies. Council may be sensitive to the similarity of this concept to the proposed refuse agreement with the county of San Diego. However, staff believes they are significantly different. Also CV is guaranteed service beyond 2050 if we choose even if the system is sold.. This is a significant accomplishment over the current agreement. 2) Dispute Resolution - Binding arbitration continues to be the ultimate method for dispute resolution. The proposed resolution allows for voluntary mediation prior to arbitration. In both cases, as with the current contract, payment to the Metro System is required during dispute resolution. 3) Payment for New Capacity - If an agency needs more capacity in the system than they currently own, then they have to obtain new capacity in one of several ways: a) purchase it from an agency that has excess capacity, i.e., National City; b) build a plant that would handle the new capacity; or 3) pay San Diego to build the extra capacity which would then become part of the Metro System. As part of the 10 year planning process, San Diego is required to provide any agency an estimate of the costs for the additional capacity far enough in advance that the agency can make arrangements for one of the three options. Chula Vista currently has significant excess capacity now. Based on growth projections for the next 30 to 40 years, Chula Vista will not have to purchase additional capacity. We may need additional capacity near the end of the contract period, but we should have ample time to plan and finance it with connection charges. 4) Metro Commission (MC) - One of the major complaints from the participating agencies, was the lack of input that they had into the planning and implementation of major capital projects and maintenance and operations issues related to the Metro System. The proposed agreements continues the Metro Commission, created under the Principles of Understanding, and provides an effective means of communication and input with San Diego. 5) Long Term Planning - The City of San Diego is required to prepare a 10-year rIP based on the flow and capacity requirements submitted by the participating agencies. This requirement insures better capital planning by San Diego, with review through the MC, and allows the participating agencies to better project future capital costs. Other major points in the agreement include: Ownership of System - The City of San Diego will remain the owner of the Metro Sewer system, as they have been since 1963. They will be responsible to operate the system in an efficient manner and pass the charges to everyone, including themselves, in proportion to the average daily flow. Right to Sell the System - San Diego, as owner, will have the right to sell the system if they desire. This is one the primary points that Chula Vista staff is in opposition. The sale to a private agency is not the problem. However, Chula Vista is required in the Agreement to stay in the system to the year 2050. We can only remove existing flows from the system for reclamation purposes. While guaranteed service to the year 2050 was a major accomplishment in the overall negotiations, if the system is sold we may not want to be committed to year 2050. Should the system change ownership \ 3 / r Page 3, Item - Meeting Date 4/21/98 and the cost increase due to increased debt being issued by the new owner in order to payoff the plant, we could be in a position where we could be double paying for the same facilities. Dwight Worden, Special Counsel for Chula Vista, has examined the agreement and believes that we would have a valid case to not be required to double pay for facilities. This is based on the cost sharing provisions in the agreement. The cost provisions state that we all share proportionately based on flow for several categories of costs including debt payments. There is no provision in the agreement for profit. If the system were sold, staff was concerned that the new owner would refinance the debt for a higher capital amount (i.e., refinance the equity in the system) creating higher or longer term debt payments for the same facilities. Dwight Worden believes that we would have the ability to arbitrate this issue as not being in conformance with the agreement. There is a provision in the agreement that the new owner would have to honor the conditions of the agreement. The letter transmitting this agreement to City of San Diego will state that the Council approved the agreement with the understanding that we would not be double charged for facilities due to a sale. Council may wish to send a member to City of San Diego Council meeting when the agreement is before them in order to get their concurrence. One Agreement Signed by all Parties - Chula Vista had been opposed to one agreement with all signatures on it. The current 1960 agreement is signed individually with each Participating Agency. Staff recommends that we agree with the rest of the participants and sign the one document. Since other provisions in the agreement allow side agreements with San Diego and also allow several ways to get new capacity, we are protected from the concerns we now hold. Metro System Facilities - The facilities that are part of the Metro System are described in Exhibit A in the agreement. San Diego is required to plan ahead in order to provide for capacity as the area grows. They also have to meet the permit requirements of the Federal and State government. In that regard, we all share in proportion to flow for the facilities. All projects will be reviewed by the agencies and the Metro Commission (composed of representatives from each agency) can make recommendations to the San Diego City Council. The Council has the ultimate say. All items relating to costs and other issues not specifically cited in the agreement are subject to arbitration. Rerating of Capacity for the Metro System - There is current legislation that by allowing the Point Loma Plant to remain at Advanced Primary treatment, San Diego has to build 45 mgd of reclamation plants, and has to reduce the amount of solids going into the ocean. This solids requirement has the effect of negating the capacity generated by the water reclamation plants. Should the law change, (as is scientifically justified) to not require the arbitrary solids limit, then the system would be rerated and the capacity created by the water reclamation plants (45 mgd) would be distributed amongst the agencies based on financial contribution to the system. For instance, if Chula vista were 7% of the flow, and therefore paid 7% of the costs, then we would receive 7% of the extra capacity or an extra 3.15 mgd in capacity. Chula Vista believes that this agreement is much better for Chula Vista than the old proposed agreement under the Special Act District. That proposal would have charged a regional capacity fee for new development, and would have cost our developers nearly $160 million even though Chula Vista had extra capacity. The new agreement also provides a reasonably cost effective system (since San Diego got a waiver for Pt. Loma), which we can use until 2050 under the terms of this ! t /_3 Page 4, Item - Meeting Date 4/21/98 agreement, and indefinitely as long as we pay our proportionate share of the costs. The current agreement expires in 2013. Method Char~in~ costs There are three categories of charges: a) SSC (Sewer System Charge), b) ECC (Existing Capacity Charge), and 3) NCCC (New Contract Capacity Charge). a) SSC ( Sewer System Charge) - This will be the major cost element and will cover the costs for building the system that is required to be built by the EP A permit. It includes the maintenance and operation of the Metro System as well as the cost to build the approved upgrade. The cost will be proportioned based on the amount of flow from each agency and the strength of that agency's sewage. This is the method we are currently being charged. b) ECC (Existing Capacity Charge) - This is the charge that we currently pay each year for capacity in the Metro System. The cost for Chula Vista is relatively low, and amounts to $220,000 per year. This charge will discontinue at the end of our current 1960 agreement or 2003. c) NCCC (New Contract Capacity Charge) - This is the charge that an agency would need to pay for flows that are in excess of their current capacity rights. Chula Vista currently flows at approximately 12 mgd, but has capacity rights for 19.84 mgd. Chula Vista staff believes that it unlikely that we will need to pay this charge for many years since we currently own significant capacity. Should we have to purchase capacity in 30 or 40 years, we will have ample funds from the Sewer Capacity Fund that we charge developers. Participatin~ A~ency Si~n Up Status As of April 16,1998 all agencies with the exception of the County have approved the agreement. The County is expected to approve it April 21. FISCAL IMPACT: This agreement is a modification to the 1960 sewage disposal agreement which would expire in 2003 with a 10 year extension. This agreement puts a heavy burden on the region and Chula Vista to build advanced treatment facilities. The capital costs to Chula Vista (not including financing costs will exceed $80 million) with increased operational costs also. The actual total costs are not known at this time. However, whether or not this agreement is signed, these costs could probably be charged to us under the current agreement. Attachments: Exhibit A - Principles of Understanding.......... -)i-ß-JL Exhibit B - Comparison Table ~ 6Y\ . ~ Exhibit C - New agreement and Summary - ~~ .:::-- H:\HOME\ENGINEERIAGENDA \SW AGR421.JP2 )'i~\..( RESOLUTION NO. /Y9¿~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REGIONAL WASTEWATER DISPOSAL AGREEMENT WITH THE CITY OF SAN DIEGO AND PARTICIPATING AGENCIES WHEREAS, Chula Vista has been working with other regional sewer agencies and the City of San Diego to develop a new Metro Sewage agreement which would extend the existing agreement past 2013 to 2050 and allow guaranteed service beyond 2050; and WHEREAS, this new agreement is based on the "Principles of Understanding" which were approved by Council in December of 1996; and WHEREAS, a final agreement has been prepared. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Regional Wastewater Disposal Agreement with the City of San Diego and the Participating Agencies, a copy of which is on file in the office of the City Clerk as Document No. . BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works C:lrslwastewa.ter /y~.t;; !f1L t4/2/1f 73 EXHIBIT PI NOTE: ORIGINALLY SIGNED BY JACK MCGRORY ON 11/26/96. IN PROCESS OF OBTAINING November 26, 1996 ORIGINAL SIGNATURE FOR OUR RECORDS. Jack McGrory, City Manager City of San Diego 202 C Street San Diego, CA 92101 Dear Jack: Principles of Understanding A concern bas been TaÌsed by the City of Chula Vista over Principle No. 13 of the Proposed Principles of Understanding. Specifically, Chula Vista seeks assurances that in return for their conunitment to pay for sewage treatment they (Chula Vista) will have an extended duration for such treatment. The City of San Diego is cognizant that the existing Sewage Disposal Agreements need to be amended and suchan IDDendment must include an appropriate extension of the tenD of the sewage DisposaJ Agreements. This letter is being issued 10 provide clarification concerning Principle No, 13. In order to fdcilitate1he .consideration of the Principles of Understanding, the City of San Diego and the City of Chula VISta mutually :agree 1hat the City of San Diego will guarantee 10 the City ofChlila Vista .all Tequired Tegicma1 sewagecapaeity and rights 10 useth~ .system through the year 2050. The patties agree 10 l1egotiate 1n good :fuith as provided in the Principles of Understanding -and Chula Vista Jicicnowledges its obligations to pay for such treatment based on Chula Vista~ s proportionate flow within the Metro System, which system shall include 234 mgd plus all facilities Tequired by law 115 well 115 any additional obligations agreed to between the two cities. I Agreed to by the City of Chula Vista Agreed to by the City of San Diego By: By: City Manager City Manager N:\SHARED\ENGINEER\MCGROR Y. WPD f (g ~ I - ~ -- -- -- -- ...............". OJóJ ....., V~v-lU-~U IUC lU.~r v 11 I vr I.IIIUL..Il V h.JJ n I"M 11\,/, V¡,,"'v""",.t~ 1,~ . _. ~-- '- - - ENCLOSURE zr/ /1ß f\ NfrL - 'C-V Â-6 ~ /trr/lCA PRINCIPLES OF UNDERSTANDING 1116/96 AS AGREED TO Page 1 oÏ 6 BY CITY OF SAN DIEGO.AND.AflURD AS OF NOVEMBER6? 1996 CV ~ Pri11t:iple '# J yÞ~ .Tne City of San Diego and the Participating ~nci::s shall establish g, "Metro Cnmm ic;sionll (MC) by Dcc:mber 1996, with tœ following organiz:aúon structure: 1. Tn:: MC zœu s=rve 2S an ildvÍScry body to the San Diego City Council City Council .;m. have the :final decision as to 'the ope;tatiOD. of1:be Metropolitan Sewexage .c1:lfi (Metro System). 2. Each Participating Agcnc.y~ ~g "With.th: Cjty uf San Diegc, shall appoint a ¡epz-~n18.ti'ft: to 1:he MC. 3. T.he position of the MC with respect 10 Metro System d~ÌBiom; shall be presented it) the San Diego City Council in written staff.reports. 'Whenever 1b.e ?artìciparing Agencies and the City of SDXl Diego diñc;r us to a œci5ion impacting the :PJIltÍCipa!Ïng Agencies, the staff zeport to the City Council :s1ml1 çantain the dØRIlt1ng -vic:w of the .Panicipating .Agencies Jmd "the Council.sba1l nuùœ ~pecifiç iindings whioh Jietai1 tho %'eÞQIlS for 1b.cir .dcãsian. 4. Commissiolitzx:spcxnsi'bilities (not.a111nclusive): (a) Master planning (b) Capital1mprovement Plan (c) Annual budget (eI) Annual muiit . (e) Fmancing 2 . -. ....... '-- ENCLOSURE .a / . It TT/tt) ~ ~ PRINCIPLES OF UNDERSTANDING 11/6~6 AS AGREED TO .P~e 2 of 6 BY CITY OF SAN DIEGO AND AFFORD AS OF NOVEMBER 6,1996 PrinciDie 1:2 . Th: Cit.y of Sm Diego's MetmSyS1ml provides Ii IegÏonaI service ibrough ~ontæ.ctua1agreoncnts to the Pmticipating Agencies..Participafing Ag:.œies are !'eSpOnS1ëk for paying their iiûr share, ~ on tht:ir proportiona~ ilow within 1beMetm System, for tœ œtirc Metro Sysæm .inc1uding but ncrrlinrit::rlm the .Poim Lo~ ud North City facilities up 10 tbcir t:UII'Cnt contract cajJ8CÍty > Yririch .inc1 uð::s 234 MaD pIus all fBciliti~ required by the Ocean 1>011 W:Í on hdueti on Act of 1994 (OPR.~), as well es any ~ona1 obligations outlined in 'these ~eed upon Principl~ of Unrlen>tanding. - A ~ x-.gÌDnalaspaQIycl1argc" (crotherequiI2blemethod) \1Æ1 be explOred by1he MC upDD it.'iIuIIf:unlon1Or atiDt:aring anápaying fOnzscabk: capacity over 234 MaD plusaIlfacillties:req1.Úrerl by OPRA. Us::able capacity sball b: tLøfined as rated S)'5tDID. capcity 1:ba1 meen 1hc cum:nt: OPRA and waiver requÌremcnE. ~ The City uf SunDiego will comidertb.e~ of excess ~P"rity with2I!Y -oftbe P.mticipating Agencies, and any wch :n:-p1II'CÌ1Bse., shall De voluntuy on 'the p8..'1 of'the City and Participating AgezJ;y. At. providedior under the existing contractt# Participating Agencies 1DIly Bell capacity 10 ezb other..however, iba City.œs ÙIe tight to 8pprOYrI all ~ 1D pr:vent :imbB1ancing within ~ Metro ~ance 1;fBtem. .- 3 . -- - - '- -. ENCLOSURE ~ / 7Í lid 17 {( PRXNCIPLES OF UNDERSTANDING A 11/6/96 AS AGREED TO P~&c3 of6 BY Cl1Y OF SAN DIEGo AND AEFO RD AS OF NOVEMBER 6, 1996 Pñnc1J'le #4 San Djego~ in r.oopenttion with the'p.articjpaûngAgencies,.shall~uc tOpUISUe legislative and ~ remedies to minim;?p. the cost of npemtion of the Metro Systemw.b.il= ma:ting science based. prn.d:n: ocean diY.barge IeqUÎfements.. Principle #5 San Di=go will :pìan for the co.nstTuction of reclamation :facilities in accordance with the wa.i~ l::giSlationin canccttwith~micipating.Agencies. The parties agree that theJuiditionn115 MGD reclAimed wm:r capacityrcquired by OPRA. bt:yond -thc 30 MGDat fu "NorthCÌty Wmcr IælamaûonPlant, will bc11Chievr;d byibe City of San Diego and/or other-Participating Agencies by the l:gislmive ð!'"f;rHine of20 1 0, unlcss the law is moåifi=d to del::œ this requirement. The Me will id:nti:fy the 1Ilost t:OstIopeœtionslly dfeetìveBOlutia.ns1c providing 1bis .additiona115 MGD ~ Rimed water .~~ .and will share in the ¡rom of the: œnstIuctionof"'W&ta' 1'eCl"m:mon 1Bci1iti::s by Dtb= Panic~ Agencies1hat-arcpmDf1b=Mctm~)"Jtcm 1m[) 1bat]æJpmeet1his goal. Fun~ for n:c]amat:ion Dcllitie$ s1uill be in act:OrèiaJJ.c. with Prin~ìpk: ://9. \ :¡ ---...-.--------...... IIVI -- - - ENCLOSURE ¡¡!é/ PRINCIPLES OF UNDERST.AND.rnG ] 1/5196 AS AGREED TO PlSge 4 of 6 " Ir CITY OF SAN ~ AND AFfORD A ií ¡;.d - í1 AS OF NOVEMBER 6. 1996 "Prind~le ;J;6 San Diego siuù.l Ie-1:31ablish Metro' ~ share1 as previously invoiced by San. Di=gt), of cost CD the - following fB::ilities associan:d with 'th= Metro Byst=m. The Pmtici.Pating Agencies .s1uiIl continue tD pay 1.Í1eir fair share of 1be Metro .com for 'these ã-;¡iticsas follaws: i PROJECT METRO SHARE I REAsON 1 1 Pump Station"#2 (pumps 7&:8) 29% :Build-om ! 'N'~;ili=Mç~ Intercepter 55% I Oversized iacïIity- I Sedimcmmio.n BH'(jm; #9 and #10 66% Build-out proj~t . . S~cn1Btìon Basins "#11 and #12 24% Build-out project Certain Later PßtticijJating Agencies (poway.1adre Dam, Lakeside! Alpine,..and W mter Gardens) will continue 1D pay the cost for the S::dim::ntatiOD.:B~ #9 and #1 0 Project. JII1d 1he Sedimentation Besins #11 Bnrl #12 Project, based on 100%. All Participating Ag:nci~ will be.required to pay opcrationJmdmaintr.mmcet:ostsfortbc:J~pI'Cjects baæd on ]00% ofsbaœ. FrincÌ'le "D. San Diego agre:;s DOt to ad\'ertise 1be comtruction cnn1rad:s for the Scuth. Bay Waær hcIamatian Plant und ~ facilities not pœvjously contrBcted until 11 joint engineering. Study .ha£ been I p=rfonn:d. San Dir;go and the Psrticipatin¡ ÃB=J;i=s Bgrccto complete this study J!S soon as possible, ~th a 1mget da~ af J IDle: I, 1997. 'v.irlcñ may be ex1eDd:d "by the parties as circumstances :requlm. San Diego and ~ hnicipming A£encies J!gIee 10 .hire thmugh P.adre Dam, Municiþal Wat=¡- D.istri~ md to sbftœ (San Diego - 70% Bnd 1ì:rticipating Ågr:nc.ics - 3D%)1J:1eeoSt for an :mdepenc1czrt :nginccrln¡: comuhant 10 conduct 1m objective .ana1ym -of 1he South Bay Facilities (excluding South Bz:y LanðlOcean Outfall) including altenmtives.11Ced for th~ project, sbm¡ and 5 \,IlI \".{" vnULM Vl~¡M rnh ffU. Cl~~OOOC1~ r. UO ucv l~ ~U I~ lU'~ -" - ENCLOSURE #/ -' PFJNCIPLES OF UNDERST ANDIN G 11/6196 AS AGREED TO P.age 5 of 6 BY 4 í11tc/; . 11 If CITY OF SAN DIEGO ANDAF.FORD AS OF ~O~~6,1996 timing 10 iiehL~ 2. useful c.apa.:ity vf234 MGD 'plus all facilitiCS7eqUÌred by OPRA.. SanDiego zmd 1he Participating Agencies will BppoÍnt Ii sukommitt:: to Lieœrm;n~ the scope of VJDrl: and to !:11Ù:: . tb: ~ection 0: a COIbï1ltant as BOOD as pòssible. TJl~mib-co111D:1Î'ttee will De ~ of 1he City Mfm~~.from tœ City of San Diego, !he City DfD2IMsr, "the City ofL8 Mesa. ADd the City of C'mùa ViS£; the G-wncm1 Manager, .Padre DBm Municipal Water Di£trict; and t.h:: Chief Administrativø. Offiœr. County DfSan Diego. The sub-commitie::: Va!Ìll be~cnsibl~ formriew.ing and man.aginE~ work of1he~. The 1'mÙts Dfth~ ~d}' will bepresen~ 1.0 the MC for th:ir revi~w 1U1rl considemiOIl. It ~ the Goal of 1be MC to report the muiy resu}tsand provide B. ..~oIDill=ndt11:j¡m to th~ Sim Diego City Council wiÚÚD 60 days of completion of ~ stIJdy. PriT1ciple #8 The costs (cun:m estímat:S77.1 million) for~ SoníhBayL1IJ1d10cean Outfall (SouthBay Outfall) will be ~oc:at!!CÌ to San Diego and tb.e ~articipating Agencies heEd On their proportionate flows within the Metro SYStem, whicl1 are currently e5tÏm1ltedto ~: SanDiego .700~ Jmd Participating AgtUlcÌc:s - 30%. Tile av~ge dry ~ flow for th~ Metro portion of the Sotrlb Bay Outfall is 74 MOD. .However~SmDiego will:agreeto p~~U MGD (C!ltimAt~ value - SS.O IrÙUion) of 1hc Pm1icipating Agencies ~ 22.2 MGD (cstmwtalvalu:: - S23.1 million) capacity in the South Bay Omfall. SIUlDiego-will œnsidcrse11mg backpørtiom DftlWi capacity 10 any ~ftbe Participating AgeDCies thahDay wish 10 pnu:base it in the future. A.nŸ sucb ~e Smll be voluntÐty on the part of 81m Diego and the }JBrtÏcipating Agencies. ~ Pmi~~A~ps will panicipatejn tœœstÞñng (CIP 1U1d opemúng expenses) for primary' 8Dd seçandary1zœtmem at!be North City Water B.eclsmationPlant, BDCl1he conespuudiIig œm for . ~ - --. ..-. -._---........~ ."'.;;I , - - - ENCLOSURE ~/ - PRINCIPLES OF UNDERSTANDING 1116196 AS AGREED TO p~~ 6 of6 BY #f ff&A iff CITY OF SAN DIEGo AND AFFORD AS OF NOVEMBER 6, 19.96 5ludE~ 1I'ca1men! B11he NO1'!1wn Ðiosolids ProceBSÌng Facilities. The'pw1içWating Agencies will partici.PJlte in tb:: cost.s1un1ng (ClP) for 1ertiary portion Dfthe ttca!Iœnt~ rrf the North City . Water Reclamation Plant provided 1bat rccløhned WBícr user:; pay the ten:ÍaIyope:ration -and ma1ntenSl1)~ wS!, BDd tha11he C1P costs axe rcpaidfromfuturc3alesof.r=cJaim!".ti watcI. Principle #l.Q Tne Mct:ro S~ includ.iu.g the Pmfu:ípating Agencies, shaIl not pay fur City of San Diego right- Of-W1lY dlr-rg::s. Pnnciple #11 Th: City .is ~ttçd 10 stabilizing the Metro invoicing process.- "Prin~lP~ £12 San Diego will ~Instate the March.. 199 S concessions í"or those ]>¡n'jcipating Ag=»cic:s "thm r=acl1. agreement wi1h San DÎ=go D.o all tfisputed issues Dy December 1,1996. Pnm:in le -# 1 '; I New loD.g-teIm unifOIm ~wagcœspøsa1 agreements Dr mncnchu'=I1!s to aisting agreements, which willinc;luac: but not be 1]mit~ to provisions for continuation of~e:rv¡t:eSfOI 2m ßdditìonal20 1D 40 years, will "be deve1oP=CÌ by theMe by November 1, 1997. {k:\W2:h\aùm61 J nl.r:vJ 7 ., cm' Of ~ - &.Œ'J'RDPt)UTAH WASTEWA"TEF! DEPAATNr:t9T ENe LOS U R £ d z CAP!T AL COST ESCALATED THROUGH FY 2003/Øø& BOND AHANCING NeT INI:LUIJED ,¡o ""7 ~ /",..,.,. ~ J% INFLA. TJON FOR FISCI\L YEARS 1998-2000,4% THEREAFTER I' I' It- 7T 1tc.A. MæJROPOUTANÞ8WERAGeSY~JEM NET F'~'t; PRD.JECi p R.O..JECT Au.DCA110N FDOTHOTE PR.D.Jl;cr AUDCA8L.f NUIIBER MAIlE ~ -AlUMBER COST M ~) ~1fJ- ~- ~ D85..D AdmínistratiDn Building Expansion-PLWTP 100% 32.134.000 I63D,DOO ~-11Ð.D AnnUal ADDcation PDint.1..rnn;¡ PlIInt "OD% 10.947,000 3.230.000 46-185.0 BiosOlids Demonstration Project ~ 100"... 17J,DCD 52.DDD 48- "1 B2.D ChemicsJ Feed Systems Upgrade 100% .634;000 167,DDD -45-91[11 Cillan Wa!er Pm9ram Predesjgn & Engineering Suppon 10[}% 7ôZl5,ODO 22,824,DOD 4~fI Dairy Ma11 Road and Bric:iBe Irnprovamsnts 'DD~ ~a.365.QOO .s.sD7,tlCD 4[)'9'\0..( East Mission Bay EffIuvnt Pipeline 100% 1 ,557.CCO 4S5.DDD 4ß..1B7J) . Environmental Manitorinp L Ts=tWcal Services Lab 1Cn% 203,000 61.oDO 4f>-.'BD.f Fiesta ~ FacilitiE$ Impnwements 1DQII,,;. 6.533.000 1 JilS7.CDD 4 D.gz UJ FIR? Pnase II Digaatgd Slud!)il L ~ Pipeline 100% 3Z.3S2.DIXI .9,713;000 4~D5S.tJ . FJRPPumpStatiOI'l 1CD% 42..551.000 1~.a~.OOo 4s-:,a1.D For-we MaJn , 1. 2 COfrgsjon Study 1 ooa~ 2.733,000 BOG,ODO 416.œU;¡ Mitro ?mtp Statian if' ., DDo/. 2.3R3.DOO 703.000 4>~.' Metro Sy31em ~ti~ Center 1 00"1c 8.420.000 2,50B,ooO 42-910.7 M~ Gorge \IVtncr Hedarr,atlon Plant 'COVÁ :Jl ,000 16.000 ~'D.D MiesJcn Valley Effluent p/penne 100% 105.000 JO.OOO -4 G-9 1 D..5 Missía1 VaUey Sludge Pipeline 100% 104.000 ~D,DDO -460159.0 M¡B'òi~1 V¡diey Water Redamatior) Plant 100% 789.000 227.000 4}.'L~e.1 M!:¡¡ioo Valey Water Re::Jam.tiof\, Plant. Phase 1 CXWø 7,0113,000 2.10',000 NEW CIP MOC -Ene!m' Upgr;¡De 100% 68.000 20.000 46-:147.D Modified \l'á5tewaterì"rr:atment F:dIity Plan 100% (2) 22.795;000 7.383,000 .t.ö-147.1 Modified WastcwausrTremm:nt S1aœ Ot:ean Compliance '00% 228,000 82,000 4~1 0.6 North City SflU8!1t Pipeline 100% 847.000 247,000 -42-911.3 Nonh "City ~ alUage & Water Fipelines 100% "8.309.1>00 ~.",8B,OOO ~.D Nann I:1t.J Sludge ProœssinQ ¡:;aåJïJj~ 101m :3.D97.DDO S1~,OOO ~2-910.B North CitY Tunnel Connector 1CD% i2.35e,DOQ ~,S96.0DD 42-910.1 Nonh City water ReClarnatioo Plant '00% (I) -113.fiD7.DOD 33.735.000 46-18~.D NDI'1t1 Shtm!fme Protecticn lmprovemenŒ '00% 2.255,000 666.000 42-911.4 NDrIhem bI1Jdge Prc;eaainB Fa=fny Phase" 100% (2) 226.0' 8,000 G7,7~3.DOC 46-131.D Oc:8an Duu.n Intake S1ructure 100% 4Sg,DOD 136.000 . 4C-91 0..3 OtayVal1ey aftuent Pipeline 1DD% "65.000 '9.000 .4D-910.7 Ota}' Valley Sluàge Pipeline '00% 1.1;0,000 ~D.DOO -42-810.3 eu.r ,vlllie)' Water Redan1at!on?lm 100% 312;000 .91.000 "'S-1SD.7 PLWTP Digester Compressor 100% S1~DOO 29,1100 ~B-11Q.o PLWTP SaJm ReImvaJ System 1DD% 1S.3Z7~DOO ~.521.tloo -4&-17Ð.t flDlnt l.nma - Dg&s1er F:at:Iity Upg¡ade & Expaœian 100% 50,631.000 1S.181.tlOO -48-132J Poi,. J.%)rna-PiantAa:858 Road '00% :s2D.ODO IN.ODO 45-134.0 PoInt l.am8 - SCIUttI Emuent 0utf8I1 Channel 10D~ 24.3B5;ODD 7,1D4.0QD 46-12EtD Poin! ~ D~"N1 &. NZ-RÐofa & Heating 10D'Ib 14;701.0DO 4,337,000 4&-171.D Po81t, l.Dma Facility Repair 100% 4.000 1,000 45-900.1 r-emt l..nrrm Masœ... PlIU'l 1DO~ Q'1.DOO 27,DOD 46-180.0 Pan. Lorna NImh Operation Buildi~ 100% 793,1100 234.1100 ~172.t) PoratLarna Ocean Outfall Parallel Pipeline '100% 2D.UDC B.OOD -42-~.O Paint J..orœ Pet1cing Fadllly 1DO~ 296.000 BEi .COO ~2-91D.¡ ?on 1.mna Plant Seœndary CDnversion 100% ~SS,OOD '18.000 -46-17a.O Painll.ama POWer GeneratiOl'l & Distñbutïon 100% '8,913,000 5~Q,OOO Page' of2 ~ - - --. . ..., ...... .... ...",.............LL.. r. J 1 .. CIìY OF ~DŒGO .IAETROPOUTAN WASìEWA1T:.R D3"ARTMsriT EN CLOS UR E po- 2. CAPJT AL COST ESCALATED THROUGH FY 2DO3/~.ç !'JOND FINANCING I\IOT INCLUDED /7~2.rl¿ 1. :t% INFLA,ìION FOR FJ5CA.l 'YEARS 129B-ZODe, 4% THEREAFTER ø17tvJ¡. 'A f METROPOLfT AN S..E.WERAGE SYSTEM HET PA"S PROJECT f'RD.Æcr AU.OCA.T10H FOOTNOTE T'JtDJ8.:cr AU.DC;;AI!I.E . NUMBER NAME '% flUUBER COSTf1H~..... CO$"" (8! 42-920..:3 Pant l.J:Jma Sedimentation Balin¡ 1 - ß 1CD% S944J)OO S2.7B,DDC -46-135.0 PDintLcma Shoreline Protection 1 ()Ob" :I.z57.DDO 981.000 "'6-175.0 PoinU.oms South Aemted Grit Removal .10:>% .5.!Þ42.Dno "tÞ35,DDO 4G-gZO..5 PÞint LomB Tunnel Outfeùl 100-10 13,341.DDO S,gGS,DDC 46-176.0 P.)inr LOImI WaterTank & PipeTrne 100":' ~,3ô3.0DO .~ODO 46-087.0 Point Lomð-PnlymcrFeBdFadl/ty 100% 1.1-4-4.000 33B,ODD <40-9' D.S Poìnt l.cmafSouftl Bay SIUágeP/peIine 100% .4,000 1.000 45-501.0.. Poolad Ccrúin~~ (Fund 41508) 100% 2.168.000 esD.DOO 46-502.0 PccJel1 Comingenc:y (F~nCl-415œ) 100% .9.501.001) 2.B5D,OOO 45-910.3 ~ PJanninB & Studies Ac:tiviúe$ 1DD% 2Z.3D1 ,DDO 5,634.1)00 46-190.8 Pump Station #I .& tl2Ho~t 'Systems 10(1% 162..000 ~S,OOO -4S-1iO.4 Replacemem Dr [4) MclCrCOntrol Center:¡ '00% ~O.DDO 103.000 4D-Q20.D Roee t:anycn Trurùi Sewer - t:)Np Portion 100% '2.1Se.ODC 3.520.000 -4 D-SZO. 1 San !:liege River Duttall 100% S.755.DOD 1.655.000 -42-S1U¡ San PBBQ1J8J SIudDe and Applicaöon Facilities 10D~ 7.000 2,000 ~2-9' 02 Sludpe &: BiO5Oli!11! ManagelT1el"lt Facility 100% 964.000 294,000 46--154.0 Sruh Bay Land Outtell 100% (3) iZ,773.DDD 3.704.000 40-91 D.' South Bay Ocean Olrtfall 100% (3) 6':.355.000 1B.182.DDD 4D-g1 1.1 South Bay Secondary Sewe~ Phase I 100% 156.000 4S . COO . 40-911.2 South Bay SecD1\darySewers F'hcl5e 1/ 100% -50.000 15,000 ~~-P1D.5 South 'a.,y SWd3e Pn;lt:~iOB Facilities 100% 120.0DO 35 ,DOC 42-S1C.5 South is!!)' WatetRcdamalian Plant 100% 104.622.000 21,38Z.000 -40-911.3 5ouIt1 Bay Water Rez:1amatJcn Sewer & Pump Station 100% 2S.99a,OOD 8.D9B.000 4C-911.4 South ~ OtBy Mesa Sl~ge Pipeline 100% :l1.DOO B,DOC ";;r.S"-D ~ Metre ImsrcptDr Rehab 100% '4,9~.OOO 4,397.000 ~6-1~5.0 State Ocean Plan t:Drnpliance Fš1::JJltJ&$ . Pltase 100% 2.758.000 819.000 40-911.5 State Damn Plan tompliancG Facilties-Phese 1/ 100% f2) 35,075.000 lC.34B,OOO ..q5-91D.1 TrudœóLiquid Wa5teDi¡posar 100% 1.765.000 52\,000 45-920,0 Wastewater Operations Managwntmt Netwoö\ (Comnet) 100% 32. 785.000 ~,B1S.000 4&.1D4.D North Metro ~rœptor 5::% (4) 58,@5O.OOO 9.616.000 -46-DSS.D Pàin:.lorna Sedimenlaiicn Bains.9 -1 D 86% (5) 17,DSl.OOO :!,Þ4S.00C .0$- H7.0 PtJirtLcma SedimeníatJoI1Basins" - 12 24~ (8) B.B'4.DDO 991,000 <46-101.D ~ Station #2 - Funps""~ ~ (7) ~DDO 1.368,000 TOTAL S121S,e4Q,OOO . $35D.1D5.IXm ~ {lì Tmal CDstJ; not TBåut:etfbybondf.-¡an::in.g. . 0 .&M COSts ancIdabt S8NÎce t:osts ¡¡Fe TIoUnciuded i-11hi¡ workstreet. (2) ïÞtal USlless ;rants = net t:O8t.. (3) 'The City8halJtllJYSS;D mllIion'WDl1t¡ nf1ho PA& capacity mitis ~Bay L.Gndl Ocean OutfalL (4) ~5%a1iQQJbIc 10 Parti~ Agenaes anD Later P4irtlClpating Agunci8¡;. 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ASTEW A TER DISPOSAL AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE PARTICIPATING AGENCIES IN THE METROPOLITAN SEWERAGE SYSTEM REVISED 3/2198 ~?; - REGIONAL WASTEWATER DISPOSAL AGREEMENT TABLE OF CONTENTS Page Cover Page............................................. ......................1 Table of Contents.......................................... ....................2 Recitals......................................................................3 1. Definitions .............................................................4 ll. Ownership and Operation of the Metro System................................. 6 Ill. Payment and Monitoring Provisions ........................................10 IV. CapacityRights ........................................................12 V System of Charges" " . ." ." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 VI. Planning ..............................................................17" VII. Facilities Solely for New Contract Capacity.................................. 18 VllI. The Metro Commission """"'.........................................20 IX. DisputeResolution......................................................20 X. InsuranceAndIndemnity.................................................21 XI. IntemrptionOfService ..................................................22 Xll. NoticesRequiredUnderAgreement ........................................22 XIll. Effective Date Of Termination ............................................23 XIV. General...............................................................24 Exhibits A Metro Facilities B. Contract Capacities C. Existing Capacity Charge Listing D. Notice Listing E. Reclaimed Water Distribution System 2 REVISED 3/2/98 ~tf - REGIONAL WASTEWATER DISPOSAL , AGREEMENT TIllS REGIONAL WASTEWATER DISPOSAL AGREEMENT is made and entered into this day of ,1997, by and between the CITY OF SAN DIEGO, a municipal corporation ("the City"); and the CITY OF CHULA VISTA. a municipal corporation; the CITY OF CORONADO, a municipal corporation; the CITY OF DEL MAR, a municipal corporation; the CITY OF EL CAJON, a municipal corporation; the CITY OF IMPERIAL BEACH, a municipal corporation; the CITY OF LA MESA, a municipal corporation; the LEMON GROVE SANITATION DISTRICT, a political subdivision of the State of California; the CITY OF NATIONAL CITY, a municipal corporation; the CITY OF POW A Y, a municipal corporation; the WINTER GARDENS SEWER MAINTENANCE DISTRICT, a maintenance district established pursuant to California Streets & Hwys. Code section 5820 et seq.; the ALPINE SANITATION DISTRICT, a political subdivision of the State of California; the LAKESIDE SANITATION DISTRICT, a political subdivision of the State of California; the SPRING VALLEY SANITATION DISTRICT, a political subdivision of the State of California; the OT A Y WATER DISTRICT, a political subdivision of the State of California; and the PADRE DAM MUNICIPAL WATER DISTRICT, a political subdivision of the State of California (the "Participating Agencies"). RECITALS WHEREAS, the City and the Participating Agencies are autonomous entities each having the authority to provide and to contract for the conveyance, treatment and disposal of wastewater. WHEREAS, each Participating Agency currently has a contract with the City to provide wastewater conveyance, treatment and disposal services through the Metropolitan Sewerage System (Metro System), a system of wastewater conveyance, treatment and disposal facilities. WHEREAS, each of the Participating Agencies has specified capacity service rights in the existing Metro System pursuant to pre-existing agreements with the City. WHEREAS, the purposes of this Agreement are: 1) to replace the existing sewage disposal agreements between the City and the Participating Agencies; 2) to provide certain contract rights to capacity in the Metro System to the Participating Agencies; 3) to establish a mechanism to fund the planning, design, construction, operation and maintenance of the Metro System by the City and the Participating Agencies as necessary to provide hydraulic capacity, and to comply with applicable law and with generally accepted engineering practices; and 4) to establish a system of charges which allocates the costs of the planning, design and construction of such new wastewater conveyance, treatment and disposal facilities as are necessary solely to provide for new capacity on a fair and equitable basis. ...- 3 ;¿J REVISED 312/98 - .. THEREFORE, in consideration of the mutual promises set forth herein, the City and the Participating Agencies agree as follows: I. DEFINITIONS A. Annual Average Daily Flow is the number, in millions of gallons of wastewater per day ("MGD"), calculated by dividing total Flow on a fiscal year basis by 365 days. B. Capital Improvement Costs are costs associated with the planning, design, financing, construction, or reconstruction of facilities. c. Chemical Oxygen Demand or "COD" means the measure of the chemically decomposable material in wastewater, as determined by the procedures specified in the most CUITCIlt edition of "Standard Methods for the Examination for Water and Wastewater," or any successor publication which establishes the industry standard. D. Contract Capacity is the contractual right possessed by each Participating Agency to discharge wastewater into the Metro System pursuant to this Agreement up to the limit set forth in Exhibit B attached hereto. Contract Capacity is stated in terms of Annual Average Daily Flow. E. Flow is the amount of wastewater discharged by the City and each Participating Agency. F. Functional-Design Methodology shall mean the process of allocating Operation and Maintenance Costs and Capital Improvement Costs to Flow and Strength parameters recognizing the benefits of both the design criteria and the primary function of a unit process. G. Metro System Costs are those costs set forth in Section V.B.l. H. Metro System Revenues are those revenues set forth in Section V.B.2. t Metropolitu Sewerage System or Metro System shall mean and consist of those facilities and contract rights to facilities which are shown and/or described in Exhibit A attached hereto and incorporated by this reference, including any amendments thereto authorized by this Agreement. .I. Municipal System shall mean the City's wastewater collection system, which consists of pipelines and pump stations, that collects wastewater within the City 4 REVISED 3/2/98 ~ . of San Diego and conveys it to the Metropolitan Sewerage System for treatment and disposal. K. New Capacity is the capacity to discharge wastewater outside the Metro System, above the Contract Capacity set forth in Exhibit B attached hereto. L. New Contract Capacity is the capacity to discharge wastewater into the Metro System, above the Contract Capacity set forth in Exhibit B attached hereto. M. North City Water Reclamation Plant is the 30 million gallons per day (as of the date of this Agreement) wastewater treatment facility which includes four major processes: primary treatment, secondary treatment, tertiary treatment, and disinfection. N. Operation and Maintenance Costs are the costs of those items and activities required by sound engineering and management practices to keep the conveyance, disposal, treatment, and reuse facilities functioning in accordance with all applicable laws, rules, and regulations. O. Point Loma Wastewater Treatment Plant is the 240 million gallons per day (as of the date of this Agreement) advanced primary treatment plant which includes four major processes: screening, grit removal, sedimentation, and digestion. P. Reclaimed Water (or Recycled Water) shall have the definition set forth in Title 22, Division 4 of the California Code of Regulations and shall mean water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that otherwise could not occur. Q. Reclaimed Water (or Recycled Water) Distribution System shall mean and consist of those eight (8) reclaimed water projects listed in Attachment B of the Stipulated Final Order for Injunctive Relief approved by the U.S. District Court on June 6, 1997 in U.S.A. v. City of San Dieeo. Case No. 88-1101-B, and attached hereto as Exhibit E. R Repurified Water shall mean water which, as a result of advanced treatment of reclaimed water, is suitable for use as a source of domestic (or potab Ie) water supply. S. Return Flow shall mean the effiuent created by the dewatering of digested biosolids, which includes centrate. T. Reuse shall mean to use again, such as water which has been reclaimed or repurified, or sludge that has been converted to biosolids for beneficial use. S REVISED 3/2198 ~7 . : U. South Bay Land/Ocean Outfall is the facility that is jointly owned by the International Boundary & Water Commission (U.S. Section IBWC) and the City of San Diego. The Outfall is planned to convey and discharge treated effluent from the IBWC's International Wastewater Treatment Plant and treated effluent from the City's South Bay Water Reclamation Plant and the South Bay Secondary Treatment Plant. AE of the date of this Agreement, the Outfall has a current Average Daily Flow Capacity of 174 million gallons per day. AE of the date of this Agreement, the City owns 39.94% of the capacity of the Outfall and the balance of the capacity is owned by the IBWC. V. Strength meanS the measurement of Suspended Solids (SS) and Chemical Oxygen Demand (COD) within the wastewater Flow and any other measurement required by law after the date of this Agreement. W. "Suspended Solids" or "55" means the insoluble solid matter in wastewater that is separable by laboratory filtration, as determined by the procedures specified in the most cUITent edition of "Standard Methods for the Examination of Water and Wastewater," or any successor publication which establishes the industry standard. X. Tertiary Component is that portion of the wastewater treatment process that cUITently filters the secondary treated wastewater effluent through fine sand and/or anthracite coal to remove fine Suspended Solids and disinfects it to meet the requirements of the California Administrative Code, Title 22, or its successor for filtered and disinfected wastewater. Y. Water Repurification System includes the Advanced Water Treatment (A WT) Facility located at or near the North City Water Reclamation Plant site and the Repurified Water Conveyance System which will transport repurified water from the A WT Facility to the San Vicente Reservoir. The major processes of the A WT Facility include: ultra or micro filtration, reverse osmosis, and ozonation. ll. OWNERSHIP AND OPERATION OF THE METRO SYSTEM A. Ri~ts of the Parties. The City is the owner of the Metro System, and of any additions to the Metro System or other facilities constructed pursuant to this Agreement All decisions with respect to the planning, design, construction, operation and maintenance of the Metro System shall rest with the City, in consultation with the Metro Commission. The Participating Agencies shall have a contractual right to use the Metro System and to participate in its operation as set forth in 6 REVISED 3/2/98 :¿? . this Agreement. Subject to the terms of this Agreement, and in conformance with all applicable laws, the City may transfer ownership of all or part of the Metro System at any time. In the event ora transfer, the City's successor shall be bound by the terms of this Agreement. Subject to the terms of this Agreement, any Participating Agency may transfer or assign its rights and obligations under this Agreement. Ally transfer shall first be approved by the City. No transfer may occur if the City determines, after consultation with the Participating Agencies involved, that the proposed transfer will imbalance, or will otherwise adversely impact the City's ability to operate the Metro System. B. Metro System Services. 1. The City shall provide wastewater conveyance, treatment and disposal services to the Participating Agencies through the Metro System, under the terms set forth in this Agreement. 2. The City shall operate the Metro System in an efficient and economical manner, maintaining it in good repair and working order, all in accordance with recognized sound engineering and management practices. 3. The City shall convey, treat, and dispose of or reuse all wastewater received under this Agreement in such a manner as to comply with all applicable laws, rules and regulations. C. Flow Commitment. 1. Absent agreement of the parties, all Flow from the Participating Agencies and the City, up to the capacity limits set forth in Exhibit B or any amendments thereto, shall remain in the Metro System. 2. This Agreement shall not preclude any Participating Agency from diverting Flow from the Metro System as a result of the construction of reclamation facilities or New Capacity outside of the Metro System. 3. Any Participating Agency may negotiate an agreement with the City to withdraw all Flow from the Metro System, which at a minimum requires the Agency to pay its proportionate share of Capital Improvement Costs. D. Fundin~ Obli~ations. Nothing in this Section or in this Agreement shall obligate the City to make any payment for the acquisition, construction, maintenance or operation of the Metro System from moneys derived from taxes or from any income and revenue of the City other than moneys in or sewer revenues which go into the Sewer Revenue Fund for the Metro System and from construction funds derived from the sale of such sewer revenue bonds for the Metro System as 7 REVISED 3/2/98 ;¿1 . .. are dulyauEh°rized. Nothing in this contract shall be construed to obligate the City to pay from its annual income and revenues any sum which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 18 of Article XVI of the Constitution of the State of California. Nothing in this Section. however, or in this Agreement shall prevent the City, in its discretion. from using tax revenues or any other available revenues or funds of the City for any purpose for which the City is empowered to expend moneys under this Agreement. Nothing herein shall relieve the City from its obligations to fund and carry out this Agreement. Nothing in this Section or in this Agreement shall obligate any Participating Agency to make any payment which would create an indebtedness, obligation or liability within the meaning of the provisions of Section 18 of Article XVI of the Constitution of the State of California, or which is not authorized by law. E. Financial Statements. 1. The City shall keep appropriate records and accounts of all costs and expenses relating to conveyance, treatment, disposal, and reuse of wastewater, and the acquisition, planning, design. construction. administration, monitoring, operation and maintenance of the Metro System. 2. Said records and accounts shall be subject to reasonable inspection by any authorized representative of any Participating Agency at its expense. Further, said accounts and records shall be audited annually by an independent certified public accounting firm appointed by the City pursuant to generally accepted accounting principles. A copy of said report shall be available to any Participating Agency. F. Limitations on Types and Condition of Wastewater. 1. Each Participating Agency will comply with all applicable laws, rules and regulations including its regulatory obligations associated with the discharge of wastewater into its respective system and from such system into the Metro System. 2. Each Participating Agency will minimize to the maximum extent practicable, the infiltration and inflow of surface, ground or stormwaters into its respective wastewater systems. 3. Each Participating Agency will insure that all industrial users of its wastewater system arc regulated by an effective industrial pretreatment program that confonns to all applicable laws, rules and regulations and that is acceptable to the City. Provided, however, that the City shall not require the Participating Agencies to take any actions beyond that which is required under applicable laws, rules and regulations that can be taken but are not being taken by the City. 4. The City and the Participating Agencies agree that nothing in this Agreement, including the termination of the existing sewage disposal agreements, shall affect the 8 REVISED 3/2198 30 validity oqhe Interjurisdictional Pretreatment Agreements, or the separate transportation agreements that are cUITently in effect between or among the City and the Participating Agencies. 5. Each Participating Agency will not discharge a substantial amount of sewage originating outside its respective boundaries into the Metro System without the approval of the City. 6. Each Participating Agency shall be responsible for the violation of any applicable laws, rules or regulations associated with its respective discharge of wastewater into the Metro System. 7. In the event a regulatory agency imposes any penalty or takes other enforcement action relating to the conveyance, treatment. disposal or reuse of wastewater in or from the Metro System, the City siWJ determine whether the City or a Participating Agency or Agencies caused or contributed to such penalty or enforcement actions. The City shall allocate the penalty or other relief, including the costs of defense, to the party or parties responsible. Each responsible party, whether a Participating Agency or the City, shall be obligated to pay its share of such penalty or other relief, and any costs of defense. In the event that the City cannot make such an allocation, the cost of such penalty or other relief shall be shared by the Participating Agencies and the City proportionately based on Flow and Strength. G. Ri~t of First Refusal. 1. The City shall not sell or agree to sell the Metro System without first offering it to the Participating Agencies. For the purposes of this section, "Participating Agencies" shall mean a Participating Agency, a group of Participating Agencies, or a third party representing one or more Participating Agencies. The term "sell" shall include any transfer or conveyance of the Metro System or of any individual treatment or reclamation facility or outfall within the Metro System. 2. The City and the Participating Agencies recognize that transfer of ownership of the Metro System is cUITently restricted by Sections 6.04 and 6.20 of the Installment Purchase Agreement between the City and the Public Facilities Financing Authority of the City, which inter alia restricts the transfer of ownership to the Metropolitan Wastewater Sewage District or other governmental agency whose primary purpose is to provide wastewater treatment. The City shall not seek to impose on bond holders a waiver of Section 6.04 or 6.20 Absent such a restriction, before the City sells or agrees to sell the Metro System, or any portion of it. the City shall offer to sell the Metro System to the Participating Agencies (""the Offer") on the terms and at a price equal to that proposed for the sale of the Metro System to a third party. The Participating Agencies shall have thirty days from receipt of the Offer ('"the Intent to Respond Period') in which to notify the City of their intent to respond to the Offer. The Participating Agencies shall have five months from the expiration of the Intent to Respond Period in which to accept or reject the Offer. The Offer shall contain the name of the proposed purchaser, the proposed sale price, the terms of payment. the required deposit. the time and place 9 REVISED 3/2/98 .3/ for the close of escrow, and any other material terms and conditions on which the sale is to be consummated. 3. If the Participating Agencies give timely notice of their intent to respond and timely notice of their acceptance of the Offer, then the City shall be obligated to sell and the Participating Agencies shall be obligated to purchase the Metro System or any individual treatment or reclamation facility or outfall within the Metro System, as applicable, at the price . and on the terms and conditions of the Offer. If the Participating Agencies do not give timely notice of their intent to respond or their acceptance of the Offer, or do not submit an offer on the same terms and conditions as the Offer, the City may, following the end of the Offer period, sell the Metro System, or any portion of it, at a price and on terms and conditions no less favorable to the City than those in the Offer. The City shall not sell the Metro System to any third party on terms or at a price less favorable to the City from the terms and price contained in the Offer absent compliance with the terms of this Section. 4. Nothing herein shall prevent the City from entering into a financing agreement which may impose limits on the City's power to sell the Metro System to the Participating Agencies pursuant to Section H.l. if the City believes that such a financing agreement is in the City's best interest. Neither the entry into such a financing agreement by the City nor the performance thereofby the City shall constitute a breach or default by the City hereunder. ID. PAYMENT AND MONITORING PROVISIONS A. Payment for Metro System Facilities. 'Through the system of charges set forth in Section V of this Agreement, each Participating Agency shall pay its share of the costs of planning, design and construction of all of the Metro System facilities which are identified in Exhibit A hereto, which is incorporated herein by reference. . B. P~ent for Additional Metro System Facilities. Through the system of charges set forth in Section V of this Agreement, each Participating Agency shall pay its share of the costs of acquisition, or planning, design and construction of such facilities in addition to those set forth on Exhibit A as are necessary for the Metro System to maintain compliance with applicable laws, rules and regulations, including the Ocean Pollution Reduction Act of 1994 and its successor(s), present and future waivers of applicable treatment standards at any Metro System treatment facility, and all facilities as are necessary to convey, treat, dispose, and reuse wastewater in the Metro System to provide the Contract Capacity set forth in Exhibit B, to maintain hydraulic capacity and as otherwise required by sound engineering principles. As a ministerial matter, the City shall amend Exhibit A from time to time to reflect such additional facilities and shall give notice of any amendments 10 REVISED 3/2/98 3J<.- to the Participating Agencies. The City shall keep an updated version of Exhibit A on file with the City Clerk. Exhibit A may be amended to reflect other changes to the Metro System only as expressly provided in this Agreement. C. Pavrnent for Qperation and Maintenance. Through the system of charges set forth in Section V of this Agreement, each Participating Agency shall pay its share of the Operation and Maintenance Costs of all Metro System facilities. Provided however, that the Participating Agencies shall not pay for the Operation and Maintenance Costs of the Tertiary Component of the North City Water Reclamation Plant that can be allocated solely to the production ofRepurified Water. D. Char¡:es Based on Flow and Stren~. A Participating Agency's share of the charges in this Section shall be assessed pursuant to Section V of this Agreement based on its proportionate Flow in the Metro System and the Strength of its wastewater. E. Monitorine: Flow and Stren¡:th. 1. The City shall monitor wastewater that is discharged into the Metro System for Flow and Strength. The City shall own and operate as part of the Metro System monitoring devices which will measure the amount of daily wastewater discharged into the Metro System. These devices shall be installed at locations appropriate to accurately monitor Flow and Strength. The City may also monitor wastewater Flow and Strength at other locations as it deems appropriate. 2. In measuring Strength, the frequency and nature of the monitoring shall not be more stringent for the Participating Agencies than it is for the City. 3. The City shall provide its plans for the monitoring system and for the procedures it will use to determine Strength to the Participating Agencies for review and comment prior to implementation. 4. The City shall report Flow and Strength data to the Participating Agencies at least quarterly. 11 REVISED 3/2/98 33 IV. CAPACITY RIGHTS A. Contract Capacity. In consideration of the obligations in this Agreement, each Participating Agency shall have a contractual right to discharge wastewater to the Metro System up to the Contract Capacity set forth in Exhibit B. B. Transfers of Contract Capacity. The Participating Agencies and the City may buy, sell or exchange all or part of their Contract Capacity among themselves on such terms as they may agree upon. The City shall be notified prior to any transfer. Any transfer shall be first approved by the City. No Contract Capacity may be transferred if the City determines, after consultation with the Participating Agencies involved in the transaction, that said transfer will unbalance, or will otherwise adversely impact the City's ability to operate the Metro System. Provided, however, that the Participating Agency seeking the transfer may offer to cure such imbalance at its own expense. Following the City's consent, as a ministerial matter, the Conttact Capacity set forth in Exhibit B be reflect the approved transfer. C. Allocation of Additional Capacity. The parties recognize that the City's applicable permits for the Metro System may be modified to create capacity in the Metro System beyond that set forth in Exhibit B as a result of the construction of additional facilities or as a result of regulatory action. This additional capacity shall be allocated as follows: 1. Except as provided in subsection 2 below, in the event that the Metro System is rerated so that additional permitted capacity is created, said capacity shall be allocated proportionately based upon the Metro System charges that have been paid since July 1, 1995 to the date of rerating. 2. In the event that the additional permitted capacity is created as the result of the construction of non-Metro System facilities, or as the result of the construction of facilities pursuant to Section VII, such additional capacity shall be allocated proportionately based on the payments made to plan, design and construct such facilities. D. Reductions in Conttact Capacity. The parties further recognize that the Contract Capacity in Exhibit B may be modified to comply with, or in response to, applicable permit conditions, or related regulatory action, or sound engineering principles. In the event that the capacity of the Metro System is rera1ed to a level below the total capacity set forth in Exhibit B, the Contract Capacity in Exhibit B shall be reallocated proportionately pending the acquisition or construction of new facilities. 12 REVISED 3/2/98 3f The City shall acquire or construct such facilities as necessary to provide the Contract Capacity rights set fòrth in Exhibit B, as planning and capacity needs require. The costs of such facilities shall be assessed pursuant to Section III.B. above. E. Amendments to Exhibits B and C. A5 a ministerial matter, the City shall prepare amendments to Exhibits B and C to reflect any adjustment in Contract Capacity pursuant to this Section within ninety (90) days after the adjustment is made. The City shall give notice of the amendments to each Participating Agency, and shall provide copies of the amendments with the notice. The City shall keep an updated version of Exhibits B and C on file with the City Clerk. F. The South Bay Land/Ocean Outfall. Nothing in this Section shall limit the City's right to transfer capacity service rights in that portion of the South Bay Land/Ocean Outfall which is not part of the Metro System. V. SYSTEM OF CHARGES A. Charges Authorized. The City agrees to implement and the Participating Agencies agree to abide by a new system of charges. This new system allows the City to equitably recover from all Participating Agencies their proportional share of the net Metro System Costs through the imposition of the following charges: 1. SSC (Sewer System Charge); 2. ECC (Existing Capacity Charge); 3. NCCC (New Contract Capacity Charge). B. SSC (Sewer System Charg~). The City shall detcnnine the SSC based on the projected Metro System Costs (as defined below) for the forthcoming fiscal year, less all Metro System Revenues (as defined below). 1. Metro System Costs a. The following shall at a minimum be considered Metro System Costs for purposes of calculating the annual SSC: 13 REVISED 3/2l98 95 , (1) Except as provided in Excluded Costs, subsection b. below, the annual costs associated with administration, operation, maintenance, replacement, annual debt service costs and other periodic fmancing costs and charges, capital improvement, insurance premiums, claims payments and claims administration costs of the Metro System, including projected overhead. Overhead shall be calculated using accepted accounting practices to reflect the overhead costs of the Metro System. (2) Fines or penalties imposed on the City as a result of the operation of the Metro System, unless the fine/penalty is allocated to the City or a Participating Agency as provided in Section ILF.7. (3) Costs incurred by the City, including attorneys' fees, necessary to implement the terms of this Agreement. b. Excluded Costs The following items shall not be considered Metro System Costs for purposes of calculating the annual SSC: (1) Costs related to the City of San Diego's Municipal System as detennined by reasonable calculations; (2) Costs related to the treatment of sewage from any agency which is not a party to this Agreement; (3) Costs related to the inspection and monitoring program for the industrial dischargers located in San Diego, including associated administrative and laboratory services; (4) Right-of-way charges for the use of public streets of the City or any Participating Agency. The City and the Participating Agencies agree not to impose a right-of-way charge for the use of its public rights-of-way for Metro System purposes. (5) Capital Improvement Costs of any non-Metro System facility. (6) Capital Improvement Costs for which an NCCC is paid. (7) Excluded Operation and Maintenance Costs set forth in Section ill.c. 14 REVISED 3/2/98 -- / ~(p 2. Metro System Revenues a. The following revenues shall be at a minimum considered Metro System Revenues for purposes of detennining the annual SSC: (1) Any grant or loan receipts or any other receipts that are attributable to the Metro System, including all compensation or receipts from the sale, lease, or other conveyance or transfer of any asset of the Metro System. (2) All compensation or receipts from the sale or other conveyance or transfer of any Metro System by-products, including, but not limited to gas, electrical energy, sludge products, and Reclaimed Water excepting therefrom any receipts allocated purswmt to subsection 2.a.(3) below. (3) The distribution of revenue from the sale of Reclaimed Water from the North City Water Reclamation Plant, including incentives for the sale of Reclaimed Water, shall first be used to pay for the cost of the Reclaimed Water Distribution System, then the cost of the Operation and Maintenance of the Tertiary Component of the North City Water Reclamation Plant that can be allocated to the production of Reclaimed Water, and then to the Metro System. (4) Any portion of an NCCC that constitutes reimbursement of costs pursuant to Section Vll.A.4. (5) Any penalties paid under Section VII.e. b. Excluded Revenue (1) Capital Improvement Costs for which an NCCC is paid; (2) Proceeds from the issuance of debt for Metro system projects. . (3) Proceèds from the sale of Reclaimed Water used to pay for the Reclaimed Water Distribution System purswmt to subsection 2.a.(3) above. (4) AIl revenues, including incentives, attributable to Repurified Water from the Water Repurification System. 3. Calculation of SSC Rates a. Prior to the initial implementation of the new system of charges, the City shall prepare a sample fiscal year estimate setting forth the methodology and sampling data used as a base for Strength based billing (SBB) which includes Flow and Strength (Chemical Oxygen Demand (COD) and Suspended Solids (SS». The analysis shall be submitted to each Participating Agency. 15 REVISED 3/2198 37 b. The City shall detennine the unit SSC rates by allocating net costs (Metro System Costs less Metro System Revenues) between parameters of Flow, COD and SS. This allocation is based on the approved Functional-Design Methodology analyses for individual Capital Improvement Projects (CIPs) and estimated Operation and Maintenance (O&M) Costs allocated to the three parameters. The City may revise the calculations to include any other measurement required by law after the effective date of this Agreement. c. The net cost allocated to each of the three parameters (Flow, COD and SS) shall be divided by the total Metro System quantity for that parameter to detennine the unit rates for Flow, COD and SS. These unit rates shall apply uniformly to all Participating Agencies. 4. Estimate and Billing Schedule and Year End Adjustment a. Estimate - The City shall estimate the SSC rates on an annual basis prior to January 15. The City shall quantify the SSC rates by estimating the quantity of Flow, COD and SS for each party, based on that party's actual flow and the cumulative data of sampling for COD and SS over the preceding years. If cumulative data is no longer indicative í)f disÓHi..(gr;: Pdrticipating Agency due to the implementation of methods to reduce Strength, previous higher readings may be eliminated. b. Costs of treating Return Flow for solids handling will be allocated to the Participating Agencies in proportion to their Flow and Strength. Return Flow will not be counted against the Participating Agencies' Contract Capacity as shown in Exhibit B. c. SSC Billing Schedule - The City shall bill the Participating Agencies quarterly, invoicing on August 1, November 1, February I and May 1. Each bill shall be paid within thirty (30) days of mailing. Quarterly payments will consist of the total estimated cost for each Participating Agency, based on their estimated Flow, COD and SS, divided by four. d. Year-End Adjustments - At the end of each fiscal year, the City shall determine the actual Metro System Costs and the actual Flow as well as the cumulative Strength data for the City and each of the Participating Agencies. The City shall make any necessary adjustments to the unit rates for Flow, COD and SS based on actual costs for the year. The City shall then recalculate the SSC for the year using actual costs for the year, actual Flow, and cumulative Strength factors (COD, SS and Return Flow) for the City and for each Participating Agency. The City shall credit any future charges or bill for any additional amounts due, the quarter after the prior year costs have been audited. C. ECC (Existin~ CaJ'acity Charge). In addition to paying an SSC, each Participating Agency shall pay an ECc. The ECC shall be paid only for the period specified in Exhibit C. The amount and nature of each Participating Agency's obligatio"n, and the date on which the obligation shall expire, are set forth in Exhibit C. The ECC is billed annually, invoiced by January 2, due February 1. 16 REVISED 3/2198 3~ D. NCCC (New Contract CapacitY Charge). If New Contract Capacity is required or requested by a Participating Agency, pursuant to Section vTI, the Metro System shall provide the needed or requested capacity, provided that the Participating Agency agrees to pay an NCCC in the amount required to provide the New Contract Capacity. New Contract Capacity shall be provided pursuant to Section VIT. E. Debt Financing. The City retains the sole right to detennine the timing and amount of debt financing required to provide Metro System Facilities. VI. PLANNING A. Projected Flow and Capacity Re.port. Commencing on July 1, 1999, each Participating Agency shall provide the City and the Metro Commission with a ten-year projection of its Flow and capacity requirements from the Metro System. The Agencies shall disclose any plans to acquire New Capacity outside the Metro System. This "Projected Flow and Capacity Report" shall be updated annually. B. Other Plannine Infonnation. Each Participating Agency shall provide the City with such additional infonnation as requested by the City as necessary for Metro System planning purposes. C. Ten-Year Ca,pital Improvement Plan. The City shall prepare a Ten-Year Capital Improvement Plan for the Metro System that describes the facilities necessary to convey, treat, and dispose of, or reuse all Flow in the Metro System in compliance with all çplicable rules, laws and regulations. The plan shall be updated annually. D. Notice to Metro Commission. In the event that the City is not able to include a facility in the Ten-Year Capital Improvement Plan, the City shall notify the Metro Commission as soon as possible before the detailed design or construction of such facility provided that the facility will significantly impact the Metro System. 17 REVISED 3/2/98 3q VTI.. FACILITIES SOLELY FOR NEW CONTRACT CAPACITY , The Participating Agencies and City are obligated to pay for the acquisition or planning, design, and construction of new facilities in the Metro System that are needed solely to provide New Contract Capacity only under the terms provided below. A. Determination of Need for New Contract Capacity. 1. As part of its planning efforts, and considering the planning information provided to the City by the Participating Agencies, the City shall determine when additional facilities beyond those acquired or constructed pursuant to Section III above will be necessary solely to accommodate a need for New Contract Capacity in the Metro System, whether by the City or by the Participating Agencies. The City shall determine: (1) the amount of New Contract Capacity needed; (2) the Participating Agency or Agencies, or the City, as the case may be, in need of the New Contract Capacity; (3) the type and location of any capital improvements necessary to provide the New Contract Capacity; (4) the projected costs of any necessary capital improvements; and. (5) the allocation of the cost of any such facilities to the Participating Agency and/or the City for which any New Contract Capacity is being developed. The City shall TWÜrj th~ Participating Agencies of its determination within sixty days of making such determination. 2. The City or Participating Agency or Agencies in need of New Contract Capacity as determined by the City pursuant to Paragraph 1 above, may choose, in their sole discreti°I.l, to obtain New Capacity outside of the Metro System in lieu of New Contract Capacity. Under such circumstances, the Participating Agency or Agencies shall commit to the City in writing their intent to obtain such New Capacity. Upon such commitment, the City shall not be required to provide New Contract Capacity to such Agency or Agencies as otherwise required under this Agreement. 3. The Participating Agencies shall have six months fÌ'Om the date of notice of the determination within which to comment on or challenge all or part of the City's determination regarding New Contract Capacity, or to agree thereto or to commit, in writing, to obtain New Capacity outside of the Metro System. Any Participating Agency objecting to the City's determination shall have the burden to commence and diligently pursue the fonnal dispute resolution procedures of this Agreement within said six month period. The City's determination shall become final at the close of the six month comment and objection period. The City's determination shall remain valid notwithstanding commencement of dispute resolution unless and until set aside by a final, binding, determination of an arbitrator pursuant to the dispute resolution process set forth in this Agreement. 4. The City and the Participating Agency or Agencies which need New Contract Capacity shall thereafter enter into an agreement specifying the terms and conditions pursuant to which the New Contract Capacity will be provided, including the amount of capacity and the New Contract Capacity. Each party obtaining New Contract Capacity shall reimburse 18 REVISED 3/2/98 /ß the Metro System for the costs of acquisition, planning, design, and construction of facilities necessary t~ provide the New Contract Capacity that have been paid by other parties under Section Vll.B.3. 5. The parties recognize that the City may acquire and plan, design and construct facilities that are authorized pursuant to both Section ill and Section VII of this Agreement. Under such circumstances, the City shall allocate the costs and capacity of such facilities pursuant to Section ill and Section VILA.1 as applicable. B. Charges for Facilities Providing New Contract Capacity 1. The expense of acquisition. planning, design, and construction of New Contract Capacity shall be borne by the City or the Participating Agency or Agencies in need of such New Contract Capacity. 2. Notwithstanding any provision in this Agreement, the City and the Participating Agencies shall pay for the Operation and Maintenance Costs of all facilities pursuant to the payment provisions of Section III. including those facilities acquired and constructed to provide New Contract Capacity in the Metro System. 3. Charges for the acquisition. planning, design and construction of facilities solely to provide New Contract Capacity shall be paid for by the Participating Agencies and the City pursuant to the payment provisions in Section ill of this Agreement until an agreement is reached under Section VTI.A.4. or pending the resolution of any dispute relating to the City's determination with respect to New Contract Capacity. 4. As a ministerial matter, the City shall prepare amendments to Exhibits A and B to reflect the acquisition or construction of facilities to provide New Contract Capacity pursuant to this Section. The City shall give notice of the Amendments to the Participating Agencies, and shall provide copies of the Amendments with the notice. C. Penalty for Failure to Pay. 1. The parties recognize that appropriate capacity and long term planning for same are essential to the proper provision of sewerage service. In recognition of same, the parties agree that discharge beyond Contract Capacity should be penalized. Therefore, in the event that a Participating Agency exceeds its Contract Capacity after the City has given notice that New Capacity is required, said Participating Agency shall be assessed and pay a quarterly penalty until such time as the Participating Agency obtains the required New Capacity. The penalty shall be fifteen percent (15%) of the quarterly charges authorized pursuant to this Agreement times the amount of Flow which exceeds the Participating Agency's Contract Capacity for the first quarter, twenty-five percent (25%) of such amount for the second quarter, thirty percent (30%) of such amount for the third quarter, and thirty-five percent (35%) of such amount for every quarter thereafter. 19 REVISED 3/2/98 1/./ 2. In the event that a Participating Agency fails to pay the charges imposed : under this Article after the City has given notice that payment is required, said Participating Agency shall be assessed and shall pay a penalty of fifteen percent (15%) of the total outstanding charges each quarter until said charges are paid in full. VIII. THE METRO COMMISSION A. Membership. The Metro Commission shall consist of one representative from each Participating Agency. Each Participating Agency shall have the right to appoint a representative of its choice to the Metro Commission. If a Participating Agency is a dependent district whose governing body is that of another independent public agency that Participaring Agency shall be represented on the Metro Commission by a representative appointed by the governing body which shall have no more than one representative no matter how many Participaring Agencies it governs. Each member has one vote in any matter considered by the Metro Commission. The Metro Commission shall establish its own meeting schedule and rules of conduct. The City may p~ricipate in th~ M~~tro Commission on an ex officio. non-voting. basis. B. Advisory R~onsibilities of Metro Commission. 1. The Metro Commission shall act as an advisory body, advising the City on matters affecting the Metro System. The City shall present the position of the majority of the Metro Commission to the City's governing body in written staffreports. The Metro Commission may prepare and submit materials in advance and may appear at any hearings on Metro System matters and present its majority position to the governing body of the City. 2. The Metro Commission may advise the City of its position on any issue relevant to the Metro System. JíX. DISPUTE RESOLUTION This Section governs all disputes arising out of this Agreement. A. V oluntaIy Mediation. Upon notice to all of the parties involved, any dispute may be submitted to a mutually-acceptable mediator, including a consultant specializing in the subject matter of the dispute, for determination of the issue(s) raised. Unless the parties involved agree in writing otherwise, the decision of the mediator or consultant shall not be final and binding. In the event that there is no agreement to mediate the dispute, any party may proceed directly to Arbitration. 20 REVISED 3/2198 - ¥-2 B. Arbitra60ij. Arbitration shall be commenced by sending a Notice of Demand for Arbitration to the other party or parties to the dispute. A copy of the notice shall be sent to the City, all other Participating Agencies, and the Metro Commission. Notice shall be given in accordance with Section XII. After such notice, any party that fails to timely participate by giving notice within Íony-five (45) days thereafter, shall be barred from the noticed action. The scope of the arbitrator's jurisdiction shall not include the authority to amend the terms of this Agreement. 1. The arbitration shall be conducted by a mutually-acceptable dispute resolution entity which utilizes retired judges as arbitrators or arbitrators agreed to by the parties. If the parties cannot agree on such an entity, then the American Arbitration Association shall be used. ") All arbitrations shall be conducted in accordance within California Code ... of Civil Procedure Sections 1282 et seq., provided, however, that in the event of a conflict between the Code of Civil Procedure arbitration provisions and the provisions of this Agreement, the provisions of this Agreement control. 3. Discovery regarding the subject matter of the arbitration shall be allowed as provided in Code of Civil Procedure Section 1283.05 (or its successors), except that depositions may be taken without first obtaining permission fÌ"om the arbitrator. The arbitrator's fee shall be paid in equal shares by the parties who participate in the arbitration. The arbitrator may award costs to the prevailing party, except, however, all costs incurred by the City for arbitration arising under Section VII shall be a Metro System cost and charged accordingly. The decision of the arbitrator shall be final and binding. C. Performance Req~ired..Durin~ Dis¡mte. Nothing in this Section shall relieve the City and the Participating Agencies from performing their obligations under this Agreement. The City and the Participating Agencies shall be required to comply with this Agreement, including the performance of all disputed activity and disputed payments, pending the resolution of any dispute under this Agreement. x. INSURANCE AND INDEMNITY A. City Shall Maintain All Required Insurance. 1. The City shall maintain all insurance required by law, including workers' compensation insurance, associated with the operation of the Metro System. 2. Throughout the term of this Agreement the City shall procure and maintain in effect genera1liability insurance covering, to the extent reasonably available, any and all 21 REVISED 3/2/98 iL- . ,< (~ liability of the City, the Metro System and the Participating Agencies, including their respective officers, directors, agents, and employees, if any, with respect to or arising out of the ownership, maintenance, operation, use and/or occupancy of the Metro System and all operations incidental thereto, including but not limited to structural alterations, new construction and demolition, including coverage for those hazards generally known in the insurance industry as exploding, collapse and underground property damage. 3. Said insurance shall name the City, and its respective officers, employees, and agents, and shall have a limit of not less than $24,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage suffered by any person. Said insurance may provide for a deduction from coverage, which deductible shall not be more than $1,000,000. Said limits and/or deductible may be adjusted from time to time. Said insurance may be evidenced by a policy or policies covering only the Metro System or by endorsement to bring the same witlún a blanket policy or policies held by the City covering other properties in which the City has an interest provided the policy or policies have a location aggregate provision. The City may satisfy the first $1,000,000 per occmrence with a self-insurance retention program for public liability claims. The policy or policies shall name the Participating Agencies as additional insureds with evidence of same supplied to each. Insurance premiums, claims claims administration costs shall be included in the computation of the SSC. B. Substantially Equivalent Covera~e. In the event of a transfer of the Metro System to a nonpublic entity pursuant to Section IT, coverage substantially equivalent to all the above provisions shall be maintained by any successor in interest. XI. INTERRUPTION OF SERVICE Should the Metro System services to the Participating Agencies be interrupted as a result ora major disaster, by operation of federal or state law, or other causes beyond the City's control, the Participating Agencies shall continue all payments required under this Agreement during the period of the interruption. XII. NOTICES REQUIRED UNDER AGREEMENT The City and each Participating Agency shall give notice when required by this Agreement. All notices must be in writing and either served personally, or mailed by certified mail. The notices shall be sent to the officer listed for each party, at the address listed for each party in Exhibit D in accordance with this Section. If a party wishes to change the officer and/or address to which notices are given, the party shall notify all other parties in accordance with this Section. Upon such notice, as a ministerial matter, the City shall amend Exhibit D to reflect the changes. The amendment shall be made within thirty (30) days after the change occurs. The 22 REVISED 3/2/98 'If City shall keep an updated version of Exhibit D on file with the City Clerk. The City shall provide a còpy of the amended Exhibit D to all parties. xm. EFFECTIVE DATE AND TERMINATION A. Effective Date. This Agreement shall be effective thirty (30) days after execution by the City and at least fifty percent (50%) of the Participating Agencies. Participating Agencies which have not executed the Agreement on the effective elate will not be Participating Agencies under this Agreement until the Agreement is amended pursuant to paragraph XIV(B) hereof. Nothing in tlùs paragraph shall limit the City's discretion in determining whether to execute this Agreement. B. Preferences. In the event one or more agencies which are subject to Wastewater Agreements with the City before the effective elate .of tlùs Agreement do not execute tlùs Agreement, the City agrees not to enter into any new agreements with said agency or agencies without first offering the Participating Agencies agreements under substantially the same tenns and conditions for any proposed agreement covering the same subject matter and issues. C. Tennination. Subject to the rights and obligations set forth in Section xTII.C. below, tlùs Agreement shall terminate on December 31,2050. This Agreement is subject to extension by agreement of the parties. The parties shall commence discussions on an agreement to provide wastewater treatment services beyond the year 2050 on or before December 31,2040. D. Contract Capacity Ri~ts Survive Tennination. The Participating Agencies' right to obtain wastewater treatment services from the facilities refmed to in, or constructed pursuant to this Agreement shall survive the tennination of the Agreement. Provided however, upon expiration of this Agreement, the Participating Agencies shall be required to pay their proportional share based on Flow and Strength of all Mette System Costs (Capital Improvement Costs and Operation and Maintenance) to maintain their right to such treatment services. Provided further, that in the event that the Participating Agencies exercise their rights to treatment upon expiration of this Agreement, the City shall have the absolute right, without consu1tatio~ to manage, operate and expand the Metro System in its discretion. 23 REVISED 3/2/98 f5 E. Abandonment. , After December 31, 2050, the City may abandon the Metro System upon delivery of notice to the Participating Agencies ten (10) years in advance of said abandonment. Upon notice by the City to abandon the Metro System, the parties shall meet and confer over the nature and conditions of such abandonment. In the event the parties cannot reach agreement, the matter shall be submitted to arbitration under the provisions of Section IX. In the event of abandonment, the City shall retain ownership of all Metro System assets free of any claim of the Participating Agencies. XIV. GENERAL A. Exhibits. 1. This Agreement references Exhibits A through E. Each exhibit is attached to this Agreement, and is incorporated herein by reference. The exhibits are as follows: Exhibit A Metro Facilities; Exhibit B Contract Capacities; Exhibit C Existing Capacity Charge Listing; Exhibit D Notice Listing; and Exhibit E Map of Reclaimed Water Projects. B. Amendment of Agreement. Except as provided in this Agreement, and recognizing that certain amendments are ministerial and preapproved, this Agreement may be amended or supplemented only by a written agreement between the City and the Participating Agencies stating the parties' intent to amend or supplement the Agreement C. Construction of A~ent 1. Drafting of Agreement It is acknowledged that the City and the Participating Agencies, with the assistance of competent counsel, have participated in the drafting of this Agreement and that any ambiguity shoUld not be construed for or against the City or any Participating Agency on account of such drafting. 24 REVISED 3/2/98 ¥~ 2. Entire Agreement : The City and each Participating Agency represent, warrant and agree that no promise or agreement not expressed herein has been made to them, that this Agreement contains the entire agreement between the parties, that this Agreement supersedes any and all prior agreements or understandings between the parties unless otherwise provided herein, and that the terms of this Agreement are contractual and not a mere recital; that in executing this Agreement, no party is relying on any statement or representation made by the other party, or the other party's representatives concerning the subject matter, basis or effect of this Agreement other than as set forth herein; and that each party is relying solely on its own judgement and knowledge. 3. Agreement Binding on All This Agreement shall be binding upon and shall inure to the benefit of each of the parties, and each of their respective successors, assigns, trustees or receivers. All the covenants contained in this Agreement are for the express benefit of each and all such parties. This Agreement is not intended to benefit any third parties. 4. Severability Should any provision of this Agreement be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this Agreement. but. rather, the Agreement shall be construed as if it did not contain the invalid or illegal part, and the rights and obligations of the parties shall be construed and enforced accordingly. 5. Choice of Law This Agreement shall be construed and enforced pursuant to the laws of the State of California. D. Declarations Re: A~ent. . 1. Understanding of Intent and Effect of Agreement The parties expressly declare and represent that they have read the Agreement and that they have consulted with their respective counsel regarding the meaning of the terms and conditions contained herein. The parties further expressly declare and represent that they fully understand the content and effect of this Agreement and they approve and accept the terms and conditions contained herein, and that this Agreement is executed freely and voluntarily. 25 REVISED 312198 !/ 7 II ¡-- 2. Warranty Regarding Obligation and Authority to Enter Into This Agreement Each party represents and warrants that its respective obligations herein are legal and binding obligations of such party, that each party is fully authorized to enter into this Agreement, and that the person signing this Agreement hereinafter for each party has been duly authorized to sign this Agreement on behalf of said party. 3. Restrictions on Veto of Transfers and Acquisitions of Capacity Each party understands and agrees that this Agreement governs its respective rights and responsibilities with respect to the subject matter hereof and specifically recognizes that with respect to the transfer and acquisition of Contract Capacity (Section IV.B) or the creation of New Contract Capacity for any Participating Agency (Section Vll), no Participating Agency has a right to veto or prevent the transfer of capacity by and among other Participating Agencies or with the City, or to veto or prevent the creation or acquisition of capacity for another Participating Agency or Agencies, recognizing that by signing this Agreement each Participating Agency has expressly preapproved such actions. The sole right of a Participating Agency to object to any of the foregoing shall be through expression of its opinion to the Metro Commission and, where applicable, through exercise of its rights under the dispute resolution provisions of this Agreement. 4. Right to Make Other Agreements Nothing in this Agreement limits or restricts the right of the City or the Participating Agencies to make separate agreements among themselves without the need to amend this Agreement, provided that such agreements are consistent with this Agreement. 5. Counterparts 1bis Agreement may be executed in counterparts. 1bis Agreement shall become operative as soon as one counterpart hèrcofhas been executed by each party. The counterparts so executed shall constitute one Agreement notwithstanding that the signatures of all parties do not appear on the same page. 26 REVISED 3/2/98 1/' l' " ~ ti;"-- ') . . IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Disposal Agreement to be in effect as of the date provided in Section }ffiI.A. A~ency 1. City of Chula Vista by dated 2. City of Coronado by dated 3. City of Del Mar by dated 4. City ofEI Cajon by dated 5. City of Imperial Beach by dated 6. City of La Mesa by dated 7. City of Lemon Grove by dated 8. City of National City by dated 9. City of Po way by dated 10. City of San Diego by dated 11. Wmter Gardens Sewer Maintenance District by dated 12. Lakeside/Alpine Sanitation Districts by dated 13. Spring Valley Sanitation District by dated 27 REVISED 3/2/98 ?L1 14. Clay Water District "by dated 15. Padre Dam Municipal Water District by dated 28 REVISED 3/2/98 Eo Exhibit A 11-20-97 Page 1 of2 : , City of San Diego Metropolitan Sewerage System Metro Facilities 1. Original Facilities . Pt. Lorna Wastewater Treatment Plant . Pt. Lorna Ocean Outfall e Pump Station #1 . Pump Station #2 0 South Metro Interceptor . North Metro Interceptor e Metro Force Mains 1 & 2 e Digested Sludge Pipeline . Fiesta Island Sludge Processing Facility 0 Fiesta Island Centrate Pipeline ll. Fiesta Island Re.placement Proiect lFIRP) And State Ocean Plan (sOP) Compliance Facilities 0 Pt. Lorna Outfall Extènsion 0 Fiesta Island Replacement Project Digested Sludge Pipeline . Fiesta Island Replacement Project Pump Station Ð Metro Biosolids Center (FIRP Facilities) Ill. Other Metru Facilities . North City Water Reclamation Plant . Metro Biosolids Center (NCWR Plant Related Facilities) () North City Tunnel Connector C) North City Raw Sludge Pipeline .. Centrate Pipeline 0 Rose Canyon Parallel Trunk Sewer Ð Second Rose Canyon Trunk Sewer . East MisSion Bay Trunk Sewer . Morena Blvd Interceptor e South Bay Water Reclamation Plant . Dairy Mart Road & Bridge Rehab! C> Grove Avenue Pump Station . Grove Avenue Pump Station Sewer Pipeline ! The City and the Participating Agencies shall continue their joint effort to seek federal funding for the Dairy Mart Road and Bridge Rehabilitation Project with a goal of requiring 60% federal participation. REVISED 3/2198 £1 Exhibit A 11/20/97 Page 2 of 2 City of San Diego Metropolitan Sewerage System Metro Facilities ill. Other Metro Facilities (continued) 0 South Bay Raw Sludge Pipeline 0 South Bay Land/Ocean OutfalF . Environmental Monitoring & Technical Services Laboratory 0 Centrate Treatment Facility at Metropolitan Biosolids Center 0 Sludge & Biosolids Management Facility (Mono fill) 0 Metro Operations Center (MOC) Complex 0 Additional 8 mgd Water Reclamation Treatment Capacity TV. Additional Metro Facilities A. NQt~~ The b~]llw listed facilities will be required as part of the Metro System for hydraulic capa¡;l1y, good engineering practices and/or compliance with applicable law, rules or regulations, including OPRA, and the continuation of the City's waiver of applicable treatment standards at the Point Loma Wastewater Treatment Plant ("Waiver"). CI South Bay Sludge Processing Facility ø South Bay Secondary Treatment Plant, Phase 1(21 MGD) " South Bay Secondary Sewers, Phase I B. ~ These facilities will be required as part of the Metro System for hydraulic capacity, good engineering practices, compliance with OPRA, and to maintain the City's Waiver. In the event that hydraulic capacity demands, or the obligations of OPRA (or its successor) or the terms of the City's Waiver change, these facilities may not be required or may be modified or supplemented, as appropriate, pursuant to the terms of this Agreement. . South Bay Secondary Treatment Plant, Phase n (28 MGD) () South Bay Secondary Sewers, Phase n 2 The South Bay Land/Ocean Outfall is jointly owned by the International Boundary and Water Commission, U.S. Section (60.06%) and the City of San Diego (39.94%). The capacity of the City's portion of the outfall as of the date of this Agreement is 74 MGD average dry weather flow, of which the Metro System has a capacity right to 69.2 MGD and the City has an exclusive right to 4.8 MGD. REVISED 3/2/98 52- Exhibit B 11-20-97 Page 1 of 2 City of San Diego Metropolitan Sewerage System Contract Capacities Annual Average Daily Flow m Millions of Gallons Per Day Ori ginal Additional New Transferred Total Percent Contract Contract Contract Contract Contract of Metro A~ency CaJ'acity Capaci~1 Capacity2 C~aci~ Capacity Total Chula Vista 19.843 0.000 0.000 0.000 19.843 8.268% Coronado 3.078 0;000 0.000 0.000 3.078 1.283% Del Mar 0.821 0.000 0.000 0.000 0.821 0.342% EI Cajon 10.260 0.000 0.000 0.000 10.260 4.275% Imperial Beach 3.591 0.000 0.000 0.000 3.591 1.496% La Mesa 6.464 0.000 0.000 0.000 6.464 2.693% Lakeside-Alpine 4.586 0.000 0.000 0.000 4.586 1.911 % Lemon Grove 2.873 0.000 0.000 0.000 2.873 1.197% National City 7.141 0.000 0.000 0.000 7.141 2.975% Otay 1.231 0.000 -0.000 0.000 1.231 0.513% Padre Dam 6.382 0.000 0.000 0.000 6.382 2.659% Poway 5.130 0.000 0.000 0.000 5.130 2.13 8% Spring Valley 10.978 0.000 0.000 0.000 10.978 4.574% Wintergardens l..lli. Q..QQQ MOO !lQQQ .L2M 0.517% Subtotal 83.619 0.000 0.000 0.000 83.619 34.841% REVISED 3/2/98 53 Exhibit B 11-20-97 Page 2 of2 Original Additional New Transferred Total Percent Contract Contract Contract Contract Contract of Metro Agency Capacity Capacity! CapacitY CapacitY Capacity Total San Diego 156.381 MOO MQQ 0.000 156.381 65.159% Total 240.000 0.000 0.000 0.000 240.000 100.00% 1. Additional Contract Capacity is capacity allocated pursuant to Section Iv.C. of this Agreement. 20 New Contract Capacity is ,..apacity obtajned pursuant to S~t¡¡)n VII. of this AgreemenL 3. Transferred Contract Capacity is capacity obtained pursuant to Section IV.B. of this Agreement. REVISED 3/2/98 5f Exhibit C 11-20-97 Page 1 of 1 , City of San Diego Metropolitan Sewerage System Existing Capacity Charge Listing ANNU AL CAPACITY P ARTICIP A TING AGENCY CHARGE THROUGH FEBRUARY 1.2003 Chula Vista $219,892 Coronado 25,613 EI Cajon 1 08,277 Imperial Beach 33,138 La Mesa 62,334 Lemon Grove ~ 22,872 National City 71,495 Spring Valley 114,663 Del Mar 20,408 Otay Water District 14,518 Lakeside! Alpine 155,901 Padre Dam Muni. Water District 151,888 Poway 162,949 Wintergardens 33.856 AGENCIES TOTAL $1,197,804 - ---- ?? REVISED 3/2/98 Exhibit D 11-20-97 Page 1 of 1 , City of San Diego Metropolitan Sewerage System Notice Listing City Manager City Manager City Manager City of Chula Vista City of La Mesa City of San Diego 276 Fourth Ave. 8130 Allison Avenue 202 "C" Street Chula Vista, CA 91910 La Mesa, CA 91941 San Diego, CA 92101 Phone: 691-5031 Phone: 667-1101 Phone: 236-5949 Fax: 585-5612 Fax: 462-7528 Fax: 236-6067 City Manager City Manager Chief Administrative Officer City of Coronado City of Lemon Grove County of San Diego 1825 Strand Way 3232 Main Street 1600 Pacific Highway, Rm. 209 Coronado, CA 92118 Lemon Grove, CA 91945 San Diego, CA 92101 Phone: 522-7335 Phone: 464-6934 Phone: 531-5250 Fax: 522-7846 Fax: 460-3716 Fax: 557-4060 City Manager City Manager General Manager City of Del Mar City of National City Otay Water District 1050 Camino Del Mar 1243 National City Blvd. 2554 Sweetwater Springs Blvd. Del Mar, CA 92014 National City, CA 91950 Spring Valley, CA 91977 Phone: 755-9313 ext.25 Phone: 336-4240 Phone: 670-2210 Fax: 755-2794 Fax: 336-4327 Fax: 670-2258 City Manager City Manager General Manager City ofEI Cajon City of Po way Padre Dam Municipal Water 200 E. Main Street 13325 Civic Center Drive District El Cajon, CA 92020 Poway, CA 92064 10887 Woodside Ave. Phone: 441-1716 Phone: 679-4200 Santee, CA 92071 Fax: 441-1770 Fax: 679-4226 Phone: 258-4610 Fax: 258-4794 City Manager City of Imperial Beach 825 Imperial Beach Blvd. Imperial Beach, CA 91932 Phone: 423-8300 ext. 7 Fax: 429-9770 [H:\ WP\MEB\REGIONAL \2AGR.CLE] #, I() '/,i( REVISED 3/2/98 ~' - Exhibit E 11-20-97 Exhibit E = Attachment B to Final Order for Injunctive Relief in U.S.A. v. CitY of San Diego Civil Case No. 88-11O1-B signed June 6, 1997 /'",c (P! REVISED 3/2198 , SUMMARY , OF PROPOSED REGIONAL WAS TEW A TER DISPOSAL AGREEMENT February 27, 1998 INTRODUCTION This proposed Agreement, is recommended by AFFORD and the negotiators for San Diego including the City Manager. The proposed Agreement has been reviewed by the San Diego City Council in closed session. Following the closed session the City Manager asked that AFFORD seek the Participating Agencys' approval of the proposed Agreement. AFFORD has asked that each of the Participating Agencies attempt to make their decisions before April 1, 1998. The effective date of the Agreement will be thirty days after fifty percent (50%) of the Participating Agencies and San Diego execute the Agreement. Participating Agencies which have not executed the Agreement on the effective date will not be Participating Agencies under the Agreement until the Agreement is amended pursuant to its terms. This proposed Agreement, to replace existing Wastewater Disposal Agreements, has been developed by AFFORD and San Diego representatives to implement the Principles of Understanding of November 6, 1996, and the Deal Points Negotiated in August 1997. The Proposed Agreement was developed with the idea of preserving those aspects of the old Wastewater Disposal Agreement which were good. The City of San Diego will remain as the operator and owner of the Metro System. Capacity in the system is allocated in accordance with contractual capacity provided for in the existing agreements. New capacity will be paid for only by the agency or agencies needing new capacity. The cost of operating, maintaining and completing construction of the Metro System will be paid by a Sewer Service Charge based upon the amount and strength of flow by each agency into the System. The Agreement will continue in effect until 2050. Participating Agencies will continue to have capacity in the Metro System after 2050 unless San Diego abandons the Metro System. THE SPECIFIC PROVISIONS Agreement to R~lace Existing Agreements The proposed Agreement would replace the existing agreements between Participating Agency, Later Participating Agencies and San Diego. Each of said agreements would terminate upon the effective date of this proposed Agreement. / -. SDPUB\CMC\4412 //) / 1 v- . One Agreement The Agreement is one agreement to be signed by all Participating Agencies, Later Participating Agencies and the City of San Diego. The Agreement strives to protect the autonomy of each Participating Agency to provide for New Capacity and other aspects of its sewerage treatment which do not have an impact upon operations of the entire system. The proposed Agreement provides considerable flexibility in making needed changes to the Metro System over time without the need for all Participating Agencies to amend the Agreement. This proposal recognizes the regional nature of the Metro System and the effect which changes in part of the system have on all of its users. The agreement specifically provides that no Participating Agency has the right to veto or prevent the transfer, acquisition or creation of capacity by or for any Participating Agency. It also. provides that the City or the Participating Agencies may make separate agreements among themselves without the need to amend this agreement provided that such agreements are consistent with this Agreement. The effective date of the Agreement will be thirty days after fifty percent (50%) of the Participating Agencies and the City of San Diego execute the Agreement. Participating Agencies which have not executed the Agreement on the effective date will not be Participating Agencies under the Agreement until the Agreement is amended pursuant to its terms. "Most Favored Nation Clause" In the event one or more agencies which are subject to Wastewater Agreements with San Diego do not execute this Agreement San Diego agrees not to enter into any new agreements with such agency or agencies without first offering the Participating Agencies agreements under substantially the same terms and conditions. Ownership and Operation of Metro System The Agreement provides for San Diego to own, operate and maintain the Metro System with the advice of the Metro Commission. Its obligations include the design, construction, repair and replacement of the existing system and the construction of New Capacity. Sale of the System The bond documents (Installment Purchase Agreement between San Diego and the Financing Authority) which provide for all the debt issued by San Diego, prohibits San Diego iTom selling the Metro System to any entity other than the Special Act District or other governmental agency whose primary purpose is to provide wastewater treatment and disposal service. The Agreement provides that the City will not seek a waiver of said prolùbition. The only manner in wlùch San Diego may sell the system therefore is to either payoff or completely defease (pre-pay) the bonds and terminate the Installment Pmchase Agreement. If the bonds are defeased and the Installment Purchase Agreement is terminated and San Diego desires to sell the Metro System and receives an Offer, it must provide SDPUB\CMC\4412 b3 2 . the Participating Agencies with an opportunity to purchase the Metro System under terms and conditions equal to the Offer. T errn of the Agreement The Agreement will terminate on December 31,2050. In 2040, the parties will commence discussions on an agreement to provide wastewater treatment serVices beyond the year 2050. In the event no successor agreement is negotiated, the Participating Agencies retain the right to treatment of their Contract Capacity in the Metro System. In that event Participating Agencies will pay San Diego their proportionate share of the total cost of the Metro System based on flow and ruength but will have none of the other rights provided in the Agreement. After 2050 San Diego may abandon the Metro System at any time by giving 10 years notice. The Participating Agencies may divert current flows from the Metro System to any new reclamation facilities which are constructed outside of the Metro System and may provide for New Capacity outside of the Metro System. All other flows of the City and the Participating Agencies are to remain in the Metro System. Metro System The Metro System is specifically described on Exhibit A hereto which will also be attached to the Agreement. It includes those specific facilities in the existing system and those facilities which must be constructed (including the 15 mgd reclamation facilities) required to comply with existing federal law. It is intended to be that system necessary to treat 240 mgd. As New Capacity is added to the Metro System it will automatically be added on addendums to the exhibit describing Metro System. Allocation of Existing Capacity Each Participating Agency and Later Participating Agency shall own that amount of capacity to which it has contractual rights under the existing agreements plus a proportionate share of the extra six MGD (the difference between the origiñal capacity of 234 mgd and the existing capacity of 240 mgd). San Diego will own an amount of capacity equal to the difference between the total capacity owed by the Participating and Later Participating Agencies and the 240 mgd capacity of the existing Metro System. The specific amount of capacity owned by each member will be set forth on Exhibit B hereto which will also be attached to the Agreement. Re-rating of Existing Capacity In the event the capacity of the Metro System is adjusted (re-rated) to increase its capacity to more than 240 mgd because of construction of Metro System improvements or regulatory action, such additional capacity is allocated to the agencies in proportion to the charges that have been paid by each agency since July 1, 1995. In the event the capacity of the Metro System is adjusted (re- rated) to increase its capacity to more than 240 mgd because of the construction of improvements SDPUB\CMC\44 12 (pt/3 outside of the Metro System such additional capacity shall be allocated to the agencies which paid for said improvements. In the event the capacity of the Metro System is adjusted (re-rated) to decrease its capacity to less than 240 mgd said reduction shall be allocated to the agencies in proportion to the charges that have been paid by each agency since July 1, 1995, pending construction of new facilities needed to restore capacity to 240 mgd. Transfer of Capacity Participating Agencies may transfer capacity to other Participating Agencies subject to approval by San Diego. San Diego may only disapprove a transfer if it finds that the transfer would unbalance the Metro System to the detriment of any agency. If such transfer would unbalance the system, the Participating Agency seeking the transfer could pay for improvements needed to avoid such imbalance. New Capacity Each agency has the obligation to constantly evaluate its needs for New Capacity. The need for New Capacity is reflected in a Ten Year Capital Improvement Plan prepared by San Diego. As a Participating Agency needs New Capacity San Diego proposes the construction of facilities to create that New Capacity and estimates the cost of that New Capacity. Unless that Participating Agency can purchase capacity from another Participating Agency or obtain capacity outside the system, the Participating Agency needing the New Capacity is responsible for paying the capital cost of required new facilities. The capital cost of said new facilities will be paid by a New Contract Capacity Charge (NCCC) pursuant to an agreement between the Participating Agency and San Diego. After facilities providing the New Capacity are constructed they are added to the Metro System by addendum to Exhibit A and the operation and maintenance costs are paid by all agencies through the System Service Charge. In the event a Participating Agency exceeds its capacity after it has received notice that New Capacity is required, it shall be assessed a penalty equal to fifteen percent (15%) of the quarterly charges times the amount of Flow which exceeds the Contract Capacity for the first quarter, twenty- five percent (25%) of such amount for the second quarter, thirty percent (30%) of such amount for the third quarter and thirty-five percent (35%) of such amount for every quarter thereafter. In the event a Participating Agency fails to pay charges for New Capacity said Participating Agency shall be assessed a penalty equal to fifteen percent (15%) of the outstanding charges each quarter until said charges are paid in full. " ..- 4 SDPUBICMC\4412 (pt.-. f .-/ System of Charges ThE costs of administering the Metro System are paid by a system of three charges: a. Sewer System Charge (SSC) The primary charge is a charge to all agencies based upon each agency's proportionate Flow in the Metro System and the strength of its wastewater. It will cover the operation and maintenance costs and the cost of the new construction needed to comply with federal law to achieve 240 mgd of capacity. It will not pay the capital costs of New Capacity. It will be estimated in January of each year, paid quarterly and adjusted at year end. b. Existing Capacity Charge (ECC) The Participating Agencies and Later Participating Agencies pay a capacity charge pursuant to existing agreements. This charge, although extremely small, will be continued to be paid through the year 2003 when the existing agreements would have terminated. The ECC is to be used to pay for capital improvements to the Metro System. ,:. j>~~>\~ LÇlltJ~(.¿i2a~acity Charge (NCCC) The NCC is paid by agencies which require the construction of new facilities which provide needed New Capacity. The NCC shall pay the cost of the construction of New Capacity and shall be the subject of an agreement between San Diego and the Participating Agency requiring New Capacity. The Metro Commission (MC) The MC, consisting of one representative from each Participating Agency, each with one vote, serves as an advisory body to San Diego. If a Participating Agency is a dependent district whose governing body is that of another independent public agency the Participating Agency shall be represented on the Metro Commission by a representative appointed by the governing body which shall have no more than one representative no matter how many Participating Agencies it governs. This means that all of the Agencies governed by the County Board of Supervisors, no matter how many that may be, only have one representative appointed by the Board of Supervisors. San Diego may participate in MC as a non-voting ex officio member. Metro System Additions The Agreement imposes a comprehensive system of planning on both the Participating Agencies and San Diego. Each Participating Agency is required to provide a 10 year projection of its flow and capacity service requirements. San Diego is required to prepare a Ten Year Capital Improvement Plan for the Metro System that describes the facilities necessary to convey, treat and dispose of all projected wastewater flows. AIl projects included in the Ten Year Capital Improvement Plan are subject to review and advice by the MC. Any addition proposed by San Diego which is not included in its Ten Year Capital Improvement Plan will be subject to review before design or SDPUB\CMC\4412 /.;~ 5 ...."", . construction commences. In the event the MC advises against an addition and San Diego approves the addition, it is a "dispute" which may be resolved by the "dispute resolution procedures". Dispute Resolution Any dispute may, if the parties to the dispute agree, be subject to a mutually acceptable mediator or consultant specializing in the subject matter of the dispute for either binding or non- binding arbitration. All disputes must ultimately be submitted to binding arbitration in accordance with specific procedures provided in the Agreement. SDPUB\CMC\4412 ~7. 6 Exhibit A 11-20-97 Page 1 of 2 : City of San Diego Metropolitan Sewerage System Metro Facilities 1. Original Facilities . Pt. Lorna Wastewater Treatment Plant " Pt. Lorna Ocean Outfall " Pump Station #1 . Pump Station #2 0 South Metro Interceptor . North Metro Interceptor Ð Metro Foree Mains 1 & 2 . Digested Sludge Pipeline " Fiesta Island Sludge Processing Facility 0 Fiesta Island Centrate Pipeline [1- Fi~'1al~.hmg"~Dla~~1:nm..PrQject u'!RP) And State Ocean Plan (sOP) Compliance Facilities . Pt. Lama Outfall Extension () Fiesta Island Replacement Project Digested Sludge Pipeline " Fiesta Island Replacement Project Pump Station 0 Metro Biosolids Center (FIRP Facilities) III. Other Metro Facilities () North City Water RcclamationPlant II Metro Biosolids Center (NCWR Plant Related Facilities) () North City Tunnel Connector . North City Raw Sludge Pipeline II Centrate Pipeline " Rose Canyon Parallel Trunk Sewer . Second Rose Canyon Trunk Sewer Ð East Mission Bay Trunk Sewer C> Morena Blvd. Interceptor II South Bay Watt:r Reclamation Plant . Dairy Mart Road & Bridge Rehabl () Grove Avenue Pump Station . Grove A venue Pump Station Sewer Pipeline I The City and the Participating Agencies shall continue their jo~t effort to seck federal funding for the Dairy Mart Road and Bridge Rehabilitation Project with a goal of requiring 60% federal participation. REVISED 1/27/98 ~t Exhibit A 11120/97 Page 2 of2 City of San Diego Metropolitan Sewerage System Metro Facilities ill. Other Metro Facilities (continued) 0 South Bay Raw Sludge Pipeline " South Bay Land/Ocean Outfa1l2 . Environmental Monitoring & Technical Services Laboratory ;) Centrate Treatment Facility at Metropolitan Biosolids Center 0 Sludge.& Biosolids Management Facility (Mono fill) 0 Metro Operations Center (MOC) Complex Ð Additional 8 mgd Water Reclamation Treatment Capacity N, ,ådd.iÚonal Metro Facilities 1\- ~ The below listed facilities will be required as part of the Metro System for hydraulic capacity, good engineering practices and/or compliance with applicable law, rules or regulations, including OPRA, and the continuation of the City's waiver of applicable treatment standards at the Point Lama Wastewater Tl~t Plant ("W aiver"). 0 South Bay Sludge Processing Facility 0 South Bay Secondary Treatment Plant, Phase I (21 MGD) 0 South Bay Secondary Sewers, Phase I B. ~ These facilities will be required as part of the Metro System for hydr2u1ic capacity, good engineering practices, compliance with OPRA, and to maintain the City's Waiver. In the event that hydraulic capacity demands, or the obligatioos of OPRA (or its succ~r) or the temis of the City's Waiver change, these facilities may not be required or may be modified or supplemented, as appropriate, pursuant to the terms of this Agreement Ð South Bay Secondary Treatment Plant, Phase n (28 MGD) Ð South Bay Secondary Sewers, Phase n 2 The South Bay Land/Ocean Outfall is jointly owned by the International Boundary and Water: Commission, U.S. Section (60.06%) and the City or San Diego (39.94%). The capacity of the City's portion of the outfall as of the date of this Agreement is 74 MGD average dry weather flow, of which the Metro System has a capacity right to 69.2 MGD and the City has an exclusive right to 4.8 MGD. REVISED 1127198 ....-. &;1 . - Exhibit B 11-20-97 Page 1 of 2 City of San Diego Metropolitan Sewerage System Contract Capacities Annual Average Daily Flow In Millions of Gallons Per Day Original Additional New Transferred Total Percent Contract Contract Contract Contract Contract of Metro A¡encv C~acity CçacitVl Cç8Ci~ ~tr Cçacitv Total Chula Vista 19.843 0.000 0.000 0.000 19.843 8.268% -. - COI.ol1ddú 3.078 O.COO 0.000 0.000 3.078 1.283% Del Mar 0.821 0.000 0.000 0.000 0.821 0.342% El Cajon 10.260 0.000 0.000 0.000 10.260 4.275% Imperial Beach 3.591 0.000 0.000 0.000 3.591 1.496% La Mesa 6.464 0.000 0.000 0.000 6.464 2.693% Lakeside-Alpine 4.586 0.000 0.000 0.000 4.586 1.911% Lemon Grove 2.873 0.000 0.000 0.000 2.873 1.197% National City 7.141 0.000 0.000 0.000 7.141 2.975% Otay 1.231 0.000 0.000 0.000 1.231 0.513% Padre Dam 6.382 0.000 0.000 0.000 6.382 2.659% Poway 5.130 0.000 0.000 0.000 5.130 2.138% Spring Valley 10.978 0.000 0.000 0.000 10.978 4.574% Wintergardcns illl ~ Q.QQQ 2aQQQ l..lli 0.517% Subtotal 83.619 0.000 0.000 0.000 83.619 34.841% REVISED 1/27/98 ~/") /(/ . : Exhibit B 11-20-97 Page 2 of2 Original Additional New Transferred Total Percent Contract Contract Contract Contract Contract of Metro A~ency Cçacity C"'Paci~l C"'Paci~ C"'Paci~ Cçaci~ Total San Diego 156.381 Q..OOQ QJ2QQ QJ2QQ 156.381 65,159% Total 240.000 0.000 0.000 0.000 240.000 100.00% 1. Additional Contract Capacity i~ capacity allocated pursuant to Section IV.C. of this Agreement -. - 2. New Contract Capacity is capacity obtained pursuant to Section vil. of this Agreement :3. Transferred CO!!ttact Capacity Ït) capacity obtained pursuant to Section IV.B. of this Agreement . REVISED 1/27/98 rï / If THIS PAGE BLA~1( 7z FROM :WORDEN WILLIRMS RICHMOND 6197555198 1998,1214-23 15:1217 #438 P.ø1/ø4 ~ '!'HE I"AW 0""1(:£5 OF 482 STEVENS AV""uf SUITE t 02 WORDEN. \.VILLIAMS. RICHMOND & ELLIS SOLANA ..ACH, e^ tlRO7S VOle!! .tD.7~II.OOO4 ¿;~'C- .'Ø.418.71t78 f^X "1IJ.7SII.lltll OUTGOIN~ FAX COVER $~B% Total Sheets: Y (Including Cover Sheet) RECEIVER: ~~ ~ü~i\ K~~~y ~ Attention: company Name: C~\)~ \)\~\h- ()~k FAX: -(P,,\ \ - ~ '5;;:L.' c.¡ cJ~(1Jf:! . .....i() I . - J " c"" J '. f.. " I' Phone: ",,'r""" ',' ,,7 ( . l 'h1~ - SENDER: WORDEN, W:[I.~J:AMS, RJ:CHMO:ND , ELLIS, APC ~JÙ2/ (L~4v~ Individual's Name.: ~UAbl¥r' \.A.O'¥G.D~ FPv< Þ4' þ¡ Phone: (619) 755-6604 FAX: (6J.9) 755-5198 ~ S8.t.ò'è-A ~eso L \Ä' \ Ð 6\.) ~ { 9C?~ $I Re: Item: ~€ tA<jf:>d ~T R ~S'QJ k= C cN£IL (i,Æ.,rt... èÁ) 0-;' 41-(,1 v; . Other Comments:' ?c ý 'Y UVv' ~ ~\-..... ~ dh'l\ kÄ9 ~ :) D -\- ---'fIv¡ ~e f\.~ ~. ~~e - ~ 56 hs1.. CcI" c::>~ \ t- '\JlQd k, £f\c..~& \ $ Ol -N?ò.~~ +- c\e~./\ D1 ~ (¿¿so -\- Q Y'f! J. kt\..Q~ d)-~ p~ ~ ~ Original Mailed: Yes No ~ FOR OFFICE USE QNLY CLIENT CODE: C 1 'TC.111)..-a L ~a:If¡~: c,.V M.'l.Tl"!:;;. Ni\!:;? t wttl. COH~~DE~~IAL~TY NOTICE The documents accompanying thi3 ~CSIMILE transmi~~ion may contain conÏidential information which is legally privileged. The information is intended only for the use of the individua1 or entity named above. If you are not the intended rec~pient, Dr the person responsible for de1ivering ;l.t to the .i.ntendeå recipient, you are hereby notified t.l1at any disclosure, copy;l.ng,. <.tLitrlbut1on or use of any of th~ information contained in this transm:Î.ssioJ1 i.s strictly PROHIBITED. If you have r~ceived this transmi$$~on in-error, please immediate1y notify U$ by telephone and.mail the original transmission to us. Thank you. - - -:. - - /gEê-~ / FROM :WORDEN WILLIRMB RICHMOND 6197555198 1998.04-23 15:08 #438 P.03/04 RESOLUTION NO. 18968 RESOLUTION OF THE CllY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REGIONAL WASTEWATER DISPOSAL AGREEMENT WITH THE CITY OF SAN DIEGO AND PARTICIPATING AGENCIES WHEREAS, Chula Vista has been working with other regional sewer agencies and the City of San Diego to develC?P a new Metro Sewage agreement which would extend the existing agreement past 2013 to 2050 and allow guaranteed seNice beyond 2050; and WHEREAS, this new agreement is based on the "Principles of Understanding" which were approved by Council in December of 1996; and. WHEREAS. a finål agreement has been prepared8J . NOW. THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Regional Wastewater Disposal Agreement with the City of San Diego and the Participating Agencies. a copy of which is on file in the office. of the City Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by - John P. Lippitt Director of John M. Kaheny Public Works Cíty Attomey F: ~NTmrrc HO\S EWER'DOCIJMEN'MESOLlIr. RED /'6-f!-/ / / 7/!L - 2- FROM 'WORDEN WILLI~MS RICHMOND 6197555198 1998.04-23 15'09 #438 P.04/04 RESOLUTION NO. 18968 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REGIONAL WASTEWATER DISPOSAL AGREEMENT WITH THE CITY OF SAN DIEGO AND PARTICIPATING AGENCIES WHEREAS, Chula Vista has been working with other regional sewer agenciØ$ and the City of San Diego to develop a nevv Metro Sewage agreement which would extend the existing agreement past 2013 to 2050 and allow guaranteed service beyond 2050; End WHEREAS, this new agreement Is based on the "Principles of Understanding" which were. approved by Council in December of 1996; and WHEREAS, a final agreement has been prepared; end WHEREAS, the Chula Vista City C~ncil's approval of the final agreement is based on its understandings that (1) San Diego has advised Chuta Vista that it has no intention of selling the Metro'System, (2) the agreement allows San Diego . the right to sell the Metro System, and (3) In the event that San Diego should decide in the future to sell the Metro System, Chula Vista's rights under th~ agreement remain protected and Chula Vista will not suffer a~verse financial consequences as a result of any such sale. - NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chl:lla Vista does hereby approve the Regional Wastewater Disposal Agreement with the City of San Diego and the Participating Agencies, a copy of which is on file in the office of the City Clerk as Document No. - BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to 9X9CUÏ9 said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of John M. Kaheny Public Works City Attorney F:\CUINTS~~ hJ /í/r2-3 FROM :WORDEN WILLIRMS RICHMOND 6197555198 1998,04-23 15:08 #438 F'. 02/04 April --' 1998 Honorable Mayor Susan Golding and Members of the San Diego City Council 202 .C. Street San Diego, CA. 92101 Re: ~ula Vista Approval of New Sewer Agreement Dear Mayor Golding and Members of the Council: I am pleased to report that at its regular çouncil meeting of April 21, 1998, the Chula Vista City Council approved the new Sewer Agreement that our respective cities, and the AFFORD members, worked 80 hard to ne tiate. The si ned reement is enclosed herewit We look forward to receiving the final original when it is signed by an authorized representative of your city. The Chula Vista City Council was very pleased to hear the reports from your staff' that your council had no interest in selling the System, and for" this reason did not want to include language in the Agreement calling for the parties to have further" meetings about this topic. As you know, the implications to Chula Vista, and to the other participating agencies, should the System be sold or privatized was an issue of major concern. In approving the Agreement, it was Chula Vista's understanding, and Chula Vista relied on this understanding, that should San Diego change its mind in the future and decide to sell or privatize the System, that there would ~ot be an adverse economic impact to Chula Vista. We trust that is your understanding as well. We look forward to working with you under the new Agreement to ensure that it is successfully implemented to the benefit of all parties. Sincerely, Shirley Horton Mayor, City of Chula Vista 00: Chula Vista City Council Members Chula Vista Staff . San Diego City Councíl Members San Diego Staff F:\CUENTSlaTaII:ASE WER.~ D. ! 7 r(! r ; / Minutes April 21, 1998 Page 11 will submit with the agreement when it is sent forward to the City of San Diego. We have also discussed the possibility of a councilmember would like to attend the meeting when San Diego approves the agreement to speak of that clarification. Dwight Worden, legal counsel, stated he did provide Council with a table comparing the old agreement to the new one. In view of the complexities, suffice it to say that it is his legal opinion that in virtually every important area, this is a legally stronger agreement for Chula Vista than the old one in terms of your ability to protect your capacity, your right to use the system, to enforce fair charges based on flow and use, and your right to provide for your expanded capacity needs in the future if you need them. The agreement is improved as it is in areas of dispute resolution and arbritration. Is it a perfect agreement? No. The main issue that merits some clarification is the :~ situation with regard to should San Diego sell the system. The agreement does '-' . provide that San Diego has the right as the owner to sell the system if they j,k.t." chose to do so. If they do exercise that right in the future even though they have told us they have no interest in doing that, should they change their mind, '-- f) does the buyer have the right to pass through to the users, i.e. Chula Vista, some of the debt service or cost incurred as a result of the sale. It was his J2 .¡.:1 legal opinion in reading the agreement that the answer is no. On the grounds r that what this agreement basically is is a cost sharing agreement that obligates I ~ San Diego to run the system in the most cost effective manner that it can be run ~P J;A. and each of the users pay their fair share based on flow of those costs. If San y~ø" Diego were to sell the system or pull equity out in some way, in his opinion, that is not a cost of operating and running the system that would be a pass .~ through cost. We asked San Diego to include expressed language clarifying that \ in the agreement; they would not do so, although their staff and negotiators told us that it was their understanding that our obligation was to pay our proportionate share of costs. At the staff level what we recommend was that a cover letter go to San Diego indicating that you approved it on the understanding that they have the right to sell the system, even though they have told us they are not planning to, but if they do so it won't cause financial harm to Chula Vista. Councilmember Rindone asked wouldn't it also be wise to include that in our resolution, because it is clearly in our best interests. Worden. If it is Council's understanding that you are going to approve it on the basis that if they should exercise their right to sell that won't cause financial harm to recite that in the resoluiton. It would be a good idea. Rindone...I think the cover letter is good, but people forget about those things. Councils will change over the years, so he would like to see it included in the resolution. RESOLUTION 18968 OFFERED BY COUNCILMEMBER RINDONE, heading read, text waived, passed and approved 4-0-1 (Moot absent). ITEMS PULLED FROM THE CONSENT CALENDAR No items were pulled. OTHER BUSINESS 19. CITY MANAGER'S REPORT(S) 20. MAYOR'S REPORT(S) A. Appointing new members to the UCCV Task Force. 21. COUNCIL COMMENTS ~ (f~Œ ~S ADJOURNMENT , ¡- , / -- ,....- -- ----.-- - .--, .,~, - - - - CIlY OF CHUlA VISfA OFFICE OF THE MAYOR SHIRLEY HORTON April 27, 1998 Honorable Mayor Susan Golding and Member of the San Diego City Council 202 "c" Street San Diego, CA 92101 Re: city of Chula Vista Approval of New Sewer Aqreement Dear Mayor Golding and Members of the Council: I am pleased to report that at its regular council meeting of April 21, 1998, the Chula Vista City Council approved the new Sewer Agreement that our respective cities, and the AFFORD members worked so hard to negotiate. The signed Agreement is enclosed herewith together with a copy of the Chula Vista Council's approval Resolution. The Chula Vista City Council was very pleased to hear the reports from your staff that your council had no interest in selling the System, and for this reason did not want to include language in the Agreement calling for the parties to have further meetings about this topic. As you know, the implications to Chula Vista, and to the other participating agencies, should the System be sold or privatized was an issue of major concern. In approving the Agreement, it was Chula Vista's understanding, and Chula Vista relied on this understanding, that should San Diego change its mind in the future and decide to sell or privatize the System, that there would not be an adverse economic impact to Chula Vista. We trust that is your understanding as well. We look forward to working with you under the new Agreement to ensure that it 1S successfully implemented to benefit of all parties. Sincerely, ~~ Mayor cc: Chula Vista city Council Members Chula Vista Staff I~(¿-~ San Diego City Council Members San Diego Staff 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691.5044. FAX (619) 476-5379 ê -eo.- Aoc,aod ~ ,;r;¿ //) - 'v" April 17, 1998 TO: Chula Vista City Council FROM: Armando Buelna~Assistant to the Mayor and Council SUBJECT: Appointing New Members/UCCV Task Force Update On the April 21, 1998 City Council Agenda, we have an item under Mayor's Comments nominating three new members to the University of California Chula Vista Task Force (Task Force). The Task Force reconvened on March 11, 1998. In the intervening months since they had last met, some members had moved, creating several vacancies on the Task Force. The following three individuals are being nominated for Council's consideration. All have been recently contacted and expressed an interest and willingness to serve on the UCCV Task Force. Joe Guerin, Editor, the Star News Dr. Serafin Zasueta, President Superintendent of Southwestern College Dr. Gregory A. Talavera, Assistant Professor, Graduate School of Public Health, San Diego State University. Mr. Guerin replaces Rick Fitch, who is no longer with the Star News. The addition of Dr. Zasueta and Dr. Talavera add additional higher education expertise to the Task Force's membership. One fills a seat held by former Mayor Tim Nader who has moved to Colorado, and the other replaces a member who failed to attend several meetings. At the request of the Task Force, staff is also contacting representatives from universities in Baja California with the hope of expanding representation to include educators or officials from the Baja Norte State of Mexico. Update of University SitinQ Effort Attached are draft minutes of the March 11, 1998 UCCV Task Force meeting. As a brief overview of the March meeting, Senator Steve Peace made a presentation before the Task Force. d¿)-' Subject: Appointing New Members/UCCV Task Force Update He stated it is his belief that we have a very good, but short window of opportunity to have the Chula Vista site designated as a future campus, Though construction would not begin for many years, having the site formally designated by the UC Board of Regents is the first step. Because a number of local legislators are in positions of authority in the state Legislature, this may be our best opportunity in years. Getting the campus designation is his highest priority this legislative session, and he encouraged efforts to give him the support he needs to carry this through the state budget process. One such effort discussed by the Task Force involved inviting Senator Richard Polanco to attend a future Task Force meeting and tour the site. As Senate Majority Leader, Senator Polanco is an influential member of the California Senate serving on the Budget, Finance, and Higher Education Committees. His support would be very important in winning support in the California Senate. At copy of the letter extending this invitation to Senator Polanco is attached. Another effort involves the retention of a liaison/facilitator by a coalition of local builders to coordinate public and private sector efforts to obtain campus designation for Chula Vista. The liaison/facilitator is Margie Phares, and her responsibilities involve: communicating with local landowners, citizen groups, and elected officials in the city, the .county of San Diego, state of California, and the University of California about the site selection process; coordinating all political and lobbying efforts within Chula Vista, the county, and the city of San Diego to ensure all parties are sending the same message; facilitating work on the site selection process within the UC Board of Regents; and negotiating with the underlying land owners of the proposed university site designated on the Otay Ranch Plan. With the combined efforts of Senator Peace, Assemblymember Ducheny in the Assembly, and the combined commitment of local developers and Ms. Phares coordinating public and private sector work, the momentum has never been greater to win campus designation. ab Attachments 2D-Z- ; ~ '.' / '--... -- ,.-- ..'-,- - / - - - - - - CIlY Of CHULA VISTA OFFICE OF THE MAYOR SHIRLEY HORTON April 20, 1998 The Honorable Richard Polanco California State Senate State Capitol, Room #2032 Sacramento, CA 95814 Dear' Senator Polanco: On behalf of the citizens of Chula Vista, I would like to invite you to attend a local task force meeting and a tour of the site we hope to have designated as a future University of California campus. Chula Vista is San Diego County's second largest city with a population approaching 160,000. Since 1990, the University of California at Chula Vista Task Force has worked to promote eastern Chula Vista as a possible site for a future UC campus. The site is located approximately six miles south of San Diego and three miles north of the international border. Because we are a growing city with a large Hispanic population, and because we are located so close to the border, we believe we have an excellent opportunity to create a university environment that focuses on issues important to the border region. The need for an additional university in southern California is well documented, and statistics suggest that much of the existing demand is being generated by Southern California residents. As I am sure you are aware, both the University of California at San Diego and San Diego State University are at or nearing projected capacity. I know you also recognize that the Hispanic population has been historically under represented in institutions of higher learning. As our population grows, there will be increased competition for admission to local universities, possibly further exacerbating an already undesirable situation. With growth in the maquiladora industries along the border, a need for college educated professionals fluent in the Spanish language and culture to fill these positions has emerged. Equally important, we recognize the need to build greater appreciation of the significance of the border region, as well as greater cross border understanding through education. We feel Chula Vista is ideally situated to address these sensitive and timely issues in a picturesque campus setting, and would appreciate your input and assistance. -;)t) - 3 276 FOURTH AVENUE. CHULA VISTA. CAUFORNIA 91910. (619) 691-5044 . FAX (619) 476-5379 ê~-- Letter to Senator Richard Polanco -2- April 20, 1998 We recognize you have a busy schedule. Still, we believe we have an excellent opportunity to begin a process that can ultimately create a truly unique educational experience to address the serious border issues facing the region. My staff will call to check on your availability. If you have any questions or concerns, please feel free to call me directly at (619)691-5044. Sincerely, ß'/v-:J.Lý~yf~VL II Shirley Horton Mayor SH:ab cc: City Council UCCV Task Force Bob Leiter, Planning Director ~C) -- c¡ CITY OF CHULA VISTA fTi~.':':\ ; ',"!\f':'f">I" f '", r ':r-,'-- " r " , ~ . :" r ' ' I -- l.- I' " r' , : ' ' "'/, i .", , ~: r,' ~ ~:," 'ï: " ,'" i . I - ¡". UNIVERSITY O~INC~fiF~~I~ ~;ET¿:;d~I~~~&f.i~ tJ ~ March 11, 1998 Council Conference Room 10:30 a.m. ------------------------------------------------------------------- Members Present: Chair Shirley Horton, Tris Hubbard, Kim Kilkenny, Leonard Moore, Margie Phares, Don Swanson, John Willet Staff Present: Sid Morris, Bob Leiter, Duane Bazzel, Armando Buelna Guests: State Senator Steve Peace The meeting was called to order at 10:35 a.m. by Chair Horton. MSUC (Moore/Hubbard) to approve the minutes of the February 3, 1997 meeting. Chair Horton welcomed the members of the Task Force and thanked them for attending today's meeting. She stated that many members no longer reside in or are associated with Chula Vista. She will be asking Council for direction on who should be future participants. Member Hubbard suggested appointing an educator and a representative from Mexico to the Task Force. Director of Planning Bob Leiter gave a brief update on the City of Chula Vista's continued pursuit of acquiring a university in Otay Ranch or, in the alternative, a higher education institute or an environmental science institute. He commended Principal Planner Duane Bazzel for his hard work and diligence on this matter. Duane Bazzel gave an update on the university siting effort. He stated that it is possible to create a higher education center, which is a collection of higher education entities, in an effort to collecti vely create a single campus for the site. A higher education center is envisioned to include Southwestern College, University of California at San Diego and San Diego State University sharing a site. The project would be modeled after one in Denver which took 20 years to evolve. An environmental science institute involving a single campus is still a possibility, as well as a four year UCCV campus. Mr. Bazzel spoke of the background of a proposed university campus. The site, which consists of 700 acres in Villages 9 and 10 in the western portion of Otay Ranch, was selected in 1993. The property is now owned by Jewels of Charity and New Millennium Homes. The original proposal by Baldwin Builders consisted of 400 acres. The site is an environmentally sensitive area, containing the gnatcatcher and cactus wren. While the gnatcatcher and cactus wren are the primary constraints, topography is also a limitation. ;;:2 c: ¿).J - UCCV Minutes Meeting of March 11, 1998 Page 2 Kim Kilkenny added that the area is a large habitat for the gnat catcher and a permit is needed to do anything on that site. Tris Hubbard inquired about discussions with the County of San Diego regarding locating a facility at the County Park site. Duane Bazzel responded that City staff has had a series of meetings with the County and added that there is not enough development area on the park site. State Senator Steve Peace spoke regarding his efforts to obtain the 11th University of California site in otay Ranch. He stated, however, there is very little, if any, support in the Legislature. In the year 2005, there will be 1,000,000 graduating high school seniors with no space; another UC is needed in Southern California. Mr. Peace stated that Merced was selected as the lOth site and he feels that if Chula Vista isn't selected as the 11th site this year, it won't occur. He also suggested an international university with Mexico or a private school. Margie Phares stated she is scheduled to meet with Richard C. Atkinson, President of the DC System, soon. Member Phares stated she has made trips to Sacramento in a lobbying effort. She belongs to a group which includes landowners and members of the business community. Promotional materials such as T-shirts and mugs are available. Member Hubbard inquired about a light rail system to serve the area. Duane Bazzel responded that funding is not yet in place, but that SR-125 and a light rail system would serve the university site. Even if the site is approved tomorrow, the university would not be built for another decade. Chair Horton said she would like the Task Force to meet again in the next four weeks, at which time California Senate Maj ori ty Leader Richard Polanco will be invited to attend. Chair Horton adjourned the meeting at 12:05 p.m. Connie L. Brennan Recording Secretary ~o-ý