HomeMy WebLinkAboutAgenda Packet 1998/02/24
-I declare tinder penalty of parjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
Tuesday, February 24, 1998 this Agenda/Notice on the Bulletin Board at Council Cbambers
6:00 p.m. the Public eryi as Building I.. J [1'[, I lull on Public Services Building
DATED ~. ð" SIGNED ~r
Re.ular Meetin. of the Citv of Chu a Vista Ci v Council
CALL TO ORDER
1. ROLL CALL: Councilmemhers Moot -, Padilla -, Rindone -, Salas -, and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: February 10, 1998.
4. SPECIAL ORDERS OF THE DAY: None,
CONSENT CALENDAR
" (Items 5 through II)
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 Fonn" 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 hest of his knowledge from observance of
actions taken in Closed Session on 2117/98, that there were no reportable actions which are
required under the Brown Act to be reported. It is recommended that the letter be received
and filed.
b. Letter of resignation from the Resource Conservation Commission - Bob McAlister. It is
recommended that the resignation be accepted with regret and the City Clerk be directed to post
immediately according to the Maddy Act in the Clerk's Office and the Public Library.
6. ORDINANCE 2722 APPROVING AN AMENDMENT TO THE OT A Y RANCH SECTIONAL
PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT
REGULATIONS (second readin!! and adootion) - Otay Ranch Company has
suhmitted a request to amend the Otay Ranch Sectional Planning Area (SPA)
One Plan Planned Community District Regulations to allow market flexibility io
determining the provision of Hollywood driveways. Staff recommends Council
place the ordinance on second reading and adoption. (Director of Planning)
Agenda -2- February 24, 1998
7. ORDINANCE 2723 AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA
I PLAN BY CHANGING THE LAND USE DESIGNATION FOR THE 1.6
ACRES OF LAND LOCATED AT 820 PASEO RANCHERO TO THE C-2
COMMERCIAL CENTER DISTRICT AND ADDING AND MODIFYING
THE PERMITTED, CONDITIONALLY PERMITTED AND PROHIBITED
LAND USES APPLICABLE TO THE C-l AND C-2 COMMERCIAL
CENTER DISTRICTS (second readin!! and adootion) - Rancho de!" Rey
Investors, LP, the owners of the Rancho del Rey Information Center located at
820 Paseo Ranchero will soon not have a need for the existing Information
Center as most of Rancho del Rey will be huilt out over the next year. Because
of this anticipated build out, they would like to market this property now for
future sale. The current allowable land uses under a Community Purpose
designation are highly restrictive and, therefore, the property owners are
requesting changes in order to broaden the permitted and conditionally permitted
land uses for this parcel. Staff recommends Council place the ordinance on
second reading and adoption. (Director of Planning)
8. RESOLUTION 18906 APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE
SECOND AMENDMENT TO UCENSE FOR THE USE OF SAN DIEGO
GAS AND ELECTRIC PROPERTY ADJACENT TO MARINA VIEW
PARK - A "park-use" license, generated by San Diego Gas and Electric
Company (SDG&E) for the City's use of SDG&E property adjacent to Marina
View Park, was approve by Council on 3/1/88. A First Amendment to extend
the lease by five years was approved in 1992, and expired on 12/31/97,
SDG&E has submitted a Second Amendment which will extend the license for
another five years. Staff recommends approval of the resolution. (Director of
Parks, Recreation and Open Space)
9. RESOLUTION 18907 APPROVING THE SUBMITTAL TO SAN DIEGO ASSOCIATIONS OF
GOVERNMENT (SANDAG) OF TWO APPUCA TIONS FOR THE
nSCAL YEAR 1998/99 2% NON-MOTORIZED TRANSPORTATION
DEVELOPMENT ACT (TDA) AND TRANSPORTATION SALES TAX
(TRANSNET) FUNDS - The City annually submits an updated list of projects
for inclusion in the 7 -year implementation program of the non-motorized element
of the Regional Transportation Improvement Program. In order for the
application to be ofticial, a resolution must be approved authorizing submittal
of the fiscal year 1998/99 Bicycle Prqject applications for available TDA and
TransNet Funds. Staff recommends approval of the resolution. (Director of
Public Works)
10. REPORT ST A TUS OF PLANNED IMPROVEMENTS TO THE I-80S/TELEGRAPH
CANYON ROAD INTERCHANGE - In February 1996, staff initiated design
efforts aimed at implementing the final phase of planned improvements at the 1-
805/Telegraph Canyon Road interchange. This project is the top priority
interchange improvement among those currently programmed in the Eastern
Area Development Impact Fee Program. The primary objectives of the project
is to improve the flow of traffic along eastbound Telegraph Canyon Road
through the interchange, thereby complementing previous improvements made
for westbound travel. Staff recommends Council accept the report and direct
staff to fInalize the design and proceed with advertisement for construction.
(Director of Public Works)
Agenda -3- February 24, 1998
11. REPORT QUARTERLY FISCAL STATUS REPORT FOR THE SECOND
QUARTER OF FISCAL YEAR 1997/98 - In accordance with Charter Section
504(f), the Quarterly Fiscal Status Report for the first half of fiscal year 1997/98
is submitted for approval. Staff recommend Council accept the report.
(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'sjurisdiction that is not an item on this agentlafor 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
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the" Request to Speak FornI" available in the lobby and submit it to the City
Clerk prior to the meeting.
12. PUBLIC HEARING PCC 98-11 - REQUEST FOR A CONDITIONAL USE PERMIT FOR A
SMALL SCHOOL ENROLLING A MAXIMUM OF TWENTY-FIVE
STUDENTS WITH SPECIAL EDUCATIONAL NEEDS AND UTILIZING
EXISTING CLASSROOM/CHURCH FACILITIES LOCATED AT THE
NORTHEAST CORNER OF EAST "J" STREET AND PASEO DEL REY
(795 EAST "J" STREET), WITHIN THE PC ZONE - ADVOCATE
SCHOOL - The applicant has a contract with the Sweetwater Union High
School District and requests permission to use three existing classrooms at the
Evangelical Free Church of Chula Vista for the purpose of conducting a small
school for students with special educational needs. The students attending this
school will be selected by the School District. Staff recommends approval of
the resolution. (Director of Planning)
RESOLUTION 18908 ADOPTING NEGATIVE DECLARATION IS-98-15 AND GRANTING A
CONDITIONAL USE PERMIT, PCC-98-11, TO ALLOW THE
ESTABLISHMENT OF A SMALL SCHOOL FOR STUDENTS WITH
SPECIAL EDUCATIONAL NEEDS WITHIN THREE CLASSROOMS OF
AN EXISTING CHURCH FACILITY LOCATED AT THE NORTHEAST
CORNER OF EAST "J" STREET AND PASEO DEL REY
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have beenfonvarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
Agenda -4- Fehruary 24, 1998
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 staffrecommendalions 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 10 the City Clerk prior to the meeting.
None submitted.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
13. CITY MANAGER'S REPORTCS)
a. Scheduling of meetings.
14. MA YOR'S REPORTCS)
a. Sign licensing on City vehicles.
15. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on March 3, 1998
at 4:00 p.m. in the City Council Chambers.
A meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
IIó declare IIInder penalty of parjury that I am
employed by the City of Chula Vista in the
Office of the City Cieri< and that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, February 24, 1998 the Public rvi 8 Building ~on Council Chambers
6:00 p.m. DATED
(immediately following the City Council IGNED . "Public Services Building
City of Chula Vista City Council
CLOSED SESSION AGENDA
Effective Aprill, 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 pennitted 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 JlJ1J11 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 JlJ1J11 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.
, CONFERENCE WITH LEGAL COUNSEL REGARDING:
I. Existing litigation pursuant to Government Code Section 54956.9
. USA v, City of San Diego
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Western States Petroleum Association
PUBLIC EMPLOYEE RELEASE - Pursuant to Government Code Section 54957
. City Manager
PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Section 54957
. City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Pursuant to Government Code Section
54956.8
. Property: City right-of-way.
Negotiating parties: City of Chula Vista (Sid Morris) and SDG&E.
Under negotiations: Price and terms Ii" interest in City right-of-way granted by
Gas and Electric Franchise.
. Property: Approximately 24.95 acres of property located at 1800
Maxwell Road, Chula Vista,
Negotiating parties: City of Chula Vista (Sid Morris) and SDG&E,
Under negotiations: Purchase price and terms.
Closed Session Agenda -2- February 24, 1998
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented,
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Ofticers 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
February 19, 1998
TO: The Honorable Mayor and City coun~
FROM: John D. Goss, city Manager~G ~ ~
SUBJECT: city council Meeting of Februar 24, 1998
This will transmit the agenda and related materials for the regular
City council meeting of Tuesday, February 24, 1998. Comments
regarding the written communications are as follows:
5a. 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 2/11/98, 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. IT IS RECOMMENDED THAT BOB MCALISTER'S RESIGNATION FROM THE
RESOURCE CONSERVATION COMMISSION BE ACCEPTED WITH REGRET AND
THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO
THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
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::- JII_-::
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- --
CllY Of
CHUlA VISfA
OFFICE OF THE CITY ATTORNEY
Date: February 18, 1998
To: The Honorable Mayor
From: John M. Kaheny, city Attorne
Re: Report Regarding Actions Tak
for the Meeting of 2/17/98
The City council met in Closed Session on 2/17/98 to discuss Public
Employee Release: City Manager, Public Employee Appointment: City
Manager and Conference with Real Property Negotiator: Purchase
price and terms for approximately 24.95 acres at 1800 Maxwell Road
- SDG&E.
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
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276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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--------- ---------_._._--------------------
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RECEIVED
.. FEB13 A9:O2 ,,~
Februa.¡y 9, 1998
8TY OF CHU~A VISTA ---'-
TY CLERK' OFFICF
Honorable Mayor, Shirley Horton ----------
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Resignation from Resource Conservation Commission
Mayor Horton,
I would like to thank you for my recent appointment to the Safety
Commission. I have enjoyed my first few months on that Commission
and enthusiastically look forward to serving our wonderful community in
the years ahead.
In reviewing my CUITent work and personal schedule, I have determined
that I need to make a couple of changes to support all of my other
commitments. I am requesting that you accept my resignation as a
member of the Resource ConseIVation Commission. I have advised the
CUITent commissioners, and Mr. Doug Reid, EnVironmental Review
Coordinator, of my intentions. I appreciate the opportunity to have
worked on several crucial projects over the past year and would like to
thank each RCC Commissioner for their guidance and contributions to
the process.
Mayor Horton, thanks to you and the City Council, our wonderful city
has so many positive accomplishments and is no longer a sleepy little
city near a place called San Diego. I am excited for the future and want
to be a part of it. Remember, you can always count on me if I can
provide support or assistance.
Sincerely,
~I~
cc: Chairperson, Resource Conservation Commission
Mr. Douglas Reid, EnVironmental Review Coordinator
2497 Golfcrest Loop, Chula VIsta, CA 91915 Phone: (619) 482-7375
DO _.~ ~~ WRln~ _)OMMUNIC~O~.-
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ORDINANCE NO. / ~,c~
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C~~ST A
APPROVING AN AMENDMENT TO THE OTAY RANCH TIONAL
PLANNING AREA (SPA) ONE PLANNED CO~.. DISTRICT
REGULATIONS ~ / .
WHEREAS, ~ "",,"," roc ~ ""'""- " ~~ùo"'" "'"""°' kM
(SPA) One Plan, was filed with the City of Chula Vista' g department on July 15, 1997
("Project") by the Otay Ranch Company ("Applicant"); and
WHEREAS, these Planned Community District Regulations are established pursuant to Title
19 of the Chula VISta Municipal Code, specifically Chapter 19.48 PC Planned Co=unity Zone, and
are applicable to the Otay Ranch SPA One Land Use Plan of the SPA Plan, and;
WHEREAS, the Planning Commission set the time and place for hearings on said Project and
notice of said hearings, together with its purpose, was given by its publication in a newspaper of
general circulation in the City and its mailing to Property Owners within 500 feet of the exterior
boundaries of the property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on January 14, 1998 in
the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, a Second-tier Environmental Impact Report (ErR.) ErR. 95-01, a Recirculated
Second-tier Draft ErR. and Addendum, and Findings of Fact and a Mitigation Monitoring and
Reporting Program have been issued to address environmental impacts associated with the
implementation of the SPA One Plan and the Project Documents; and
WHEREAS, the Second-tier ErR. 95-01, the Recirculated ErR. and Addendum incorporates,
by reference, two prior ErRs: the Otay Ranch General Development Plan/Subregional Plan
(GDP/SRP) ErR. 90-01 and the ChuIa VISta Sphere of Influence Update ErR. 94-03 as well as their
associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program ErR. 90-01
was certified by the Chula Vista City Council and San Diego County Board of Supervisors on
October 28, 1993, and the Sphere of Influence Update ErR. 94-03 was certified by the Chula Vista
City Council on March 21, 1995; and
WHEREAS, the City Environmental Review Coordinator has reviewed the Project and
determined that the Project is exempt from environmental review under Section 15061 (b) (3)
"General Rnle" that CEQA applies only to projects which have the potential for causing a significant
effect on the environment, and it can be seen with certainty that the proposed project has no
possibility of having a significant effect on the environment and therefore is not subject to CEQA; and
WHEREAS, the City Council of the City ofChuIa Vista held a duly noticed public hearing
on February 17, 1998 regarding the Project.
t/j
NOW, THEREFORE, BE IT RESOLVED TIiAT THE CITY COUNCIL of the City of
Chula Vista does hereby ordain as follows:
L
ll.
-.
That the City council does eby find that FEIR 95-01 Addendum, the Findings
of Fact, the Mitigation onitoring and Reporting Progr and the Statement of
Oveniding Considera' ns are prepared in accordance with requirements of the
CEQA, the State E guidelines and the Environmental Revie Procedures of the
City ofChula Vis .
ill.
Presented by Approved as to form by
G. -- n¡¡A.9t~ t~
Robert A Leiter John M. Kaheny, City Attorney
Planning Director
H:'B'OME\BEVERLYBIVILLAGEISP AJ IFINAL-MPlCCl14.0RD
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ORDINANCE NO. ;;.. 7~3
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ~.p~
RANCHO DEl REY SECTIONAL PLANNING AREA I PLAN BY CHAN~ ..
THE LAND USE DESIGNATION FOR THE 1.6 ACRES OF LAND L~ ED
AT 820 PASEO RANCHERO TO THE C-2 COMMER~ NTER
DISTRICT AND ADDING AND MODIFYING THE MITTED,
CONDITIONALLY PERMITTED AND PROHIBITED ~AND USES
APPLICABLE TO THE C-1 AND C-2 COMMERCIArER DISTRICTS
A. RECIT ALS ?~
1. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and
incorporated herein by this reference, and for the purpose of general
description herein consists of approximately 1.6 acres currently
designated as the OS-3 Open Space and is located in Rancho del Rey,
Sectional Planning Area I, at 820 Paseo Ranchero (Southwest corner of
Rancho del Rey Parkway and Paseo Ranchero)("Project Site"); and,
2. Project Applicant
WHEREAS, a duly verified application, PCM-98-09, for a Miscellaneous
Amendment was filed with the Planning Department of the City of Chula
Vista on September 15, 1997 by Rancho del Rey Investors, LP
(MApplicant"); and
3. Project Description; Application for a Miscellaneous Amendment
WHEREAS, said application requested the creation of the C-2
Commercial Center District, a change of the land use designation for the
1 ,6 acres of land located at 820 Paseo Ranchero to the newly created
C-2 Commercial Center District from OS-3 Open Space, and adding and
modifying the permitted, conditionally permitted and prohibited land uses
applicable to the C-1 and C-2 Commercial Center Districts as specified
in Exhibit "D" attached hereto (MProject"); and
4. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing
on the Project on December 1 0, 1997 at which time the Planning
Commission voted - to - adopting Resolution No. PCM-98-09
H,IHOMEIPLANNJNGIMART!N\RDR\SP Al 19S00cC. ORD
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Ordinance No. Page #2
recommending that the City Council approve the Project in accordance
with the attached draft Ordinance No. -; and
WHEREAS, from the facts presented to the Planning ommission, the
Commission has determined that the Project is cons' ent with the City
of Chula Vista General Plan and that public necessi ,convenience, and
good zoning practice support the amendment; d
5.
5, a duly called and noticed pu c hearing on the Project was
the City Council of the City Chula Vista January 13, 1998
recommendation of the anning Commission, and to hear
y with regard to sa
NOW, THEREFORE the Council of t City of Chula Vista does hereby find,
determine, and ordain as follows.
B.
C. ENVIRONMENTAL DET
The Environmental Re ew Coordinator determined t t the project falls under
the purview of EIR-8 01 and that an addendum to thi environmental impact
reports is the onl environmental document required or this project, as
documented in -98-10, Based upon the recom ndations of the
Environmental R view Coordinator, the City Council does reby adopt the
Addendum issu don 15-98-10.
D. "
The City C ncil does hereby find that the environmental determination of the
Environm tal Review Coordinator was reached in accordance with
require nts of the California Environmental Quality Act, the State EIR
Guidelines, and the Environmental Review Procedures of the City of Chula
Vista.
g, \R OMEIPLANNINGIMARTlN\RDRISP A1 \9809CC. ORD ?-~
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Ordinance No. - Page #3
E. COPIES TO BE PROVIDED
Applicant shall provide fifty (50) copies of the amended pages to the Planning
Department within thirty (30) days of the date of the approval of this
Ordinance.
F. FINDINGS
The City Council hereby finds that the amendment is consistent with the City
of Chula Vista General Plan as amended by City Council Resolution No. -,
and that the public necessity, convenience and general welfare and good
zoning practice support the creation of a new land use district called C-2
Commercial Center District, a change of the land use designation for the 1.6
acres of land located at 820 Paseo Ranchero to the newly created C-2
Commercial Center District, and adding and modifying the permitted,
conditionally permitted and prohibited land uses applicable to the C-1 and C-2
Commercial Center Districts.
G. COUNCIL ACTION
The City Council of the City of Chula Vista hereby adopts the amendments to
Chapter IX-B: Commercial Center Districts of the Rancho del Rey Specific
Planning Area I Plan Planned Community District Regulations as shown on
Exhibit "D" and the Land Use District Map as shown on Exhibit "E". All
exhibits attached hereto are incorporated herein by this reference.
H. EFFECTIVE DATE OF THIS ORDINANCE
This Ordinance shall take effect and be in full force the thirtieth day from its
adoption.
Presented by Approved as to form by
G.- ~ <t1 ~ l7 <:---
Bob Leiter John Kaheny
Director of Planning City Attorney
H,IBOMEIPLANNlNGIMARTIN\RDRISP AI 19809CC. ORD ?:]
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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 CV 10536
over the age of eighteen years, and not ---- --- ----- ---- - ---- - - - -- -- - ------------ ---------
NOTICE OF AOOPTION OF ORDINANCE
a party to or interested in the above- ---- --- -- -- - ---- --- -- - - ----- - -- ----- ----- ---------
entitled matter. I am the principal clerk ~ OFAØII'IØ !,If
of the printer of the STAR-NEWS, a --mz
1I'ftIMII'
newspaper of general circulation, pub- _18M
ØTAY -
lished ONCE WEEKLY in the city of F ---- tice
PUll_AlItA (IPAI-
Chula Vista and the South Bay Judicial PUIIIIBI .
District, County of San Diego, which ~ DII1RICT
RE8tlA1IOIII
newspaper has been adjudged a news- TIIo_ofllIisOrdil1ance
paper of general circulation by the =':10:. f~
an, Planned Communltv
Superior Court of the County of San DI__loIllnSto.....
nwkII ~,¡¡...--
Diego, State of California, under the Jlitìi'. ~.ìIfot1tIJon . of
"-""'......,. .}..!
date of April 23, 1951, Case Number rKlí'¡m; OI'!~PJI3OF
j)RDI~" O.""1723
182529; that the notice, of which the _om 1ItUIMttlO
annexed is a printed copy (set in type Pú.
ItIY
not smaller than nonpareil), has been CHAII6t 0 USE
DEStGllÀTtOIt fOIl TtÆl.6
published in each regular and entire ACRES OI'uNDLOÇATED
AT m'PAS!D.lWICltERD
issue of said newspaper and not in any TO TH! C-2 COMIIaICIAL
CElnER DlSTRtCT AND
supplement thereof on the following ADDING AltO MODIfYING
THE PEIIMITTEO, éÐIIDI-
dates, to-wit: T_u.y PERiltmo AND
PROHIIITEO LAltb USES
2/28 APPLICABli TO THE C-.1
AIIOC-2CO181Ð1CtALŒrt.
fEJI DISTRICTS
all in the year 1998 Thos' Ord_OS bod 1I1t1,
fttot""'..~'17,
1998"""""-"""
OiIIIOI1!I"""""""U-
I certify (or declare) under penalty of lor mMtint 01 Fobruory 24,
189iwlhtbofottowlnO-
perjury that the foregoing is true and AVS,-'-.-,
Solos, -: NOES: It..o:
correct. ABSENT: MoRt; ABSTAJrt:
!toM.
""r..." to CIty Chlrter
Dated at Chula Vista, California 91910 SIcttøII 3n(bj,' tuI COllY 01
Slid ~'... MiIobI'
IRIII,CIIy CIerk!. QIIIcIoncI
Is ...u.bIoloolt Inllroslld
_1IV"IUng691-5041.
this 28 day of February ,19~
DAliD: foIiMfv 25,1996
~ / ('! I CV10536 2J2a -
Signature~Jll(()1\W~ Ie',
PRINcipL!E CL RK
647
COUNCIL AGENDA STATEMENT ?f
Item:
Meeting Date: ~
ITEM TITLE: Resolution: /[š11J~ Approving and Authorizing the Mayor to
execute the Second Amendment to License for the Use of San Diego Gas
and Electric Property adjacent to Marina View ë:rk
SUBMITTED BY: Director of Parks, Recrea~ Open Spac
REVIEWED BY: City Manager~l:1 '() .../0 (4/5ths Vote: Yes - No XI
A "park-use" license, generated by San Diego Gas and Electric Company (SDG&E) for the City's
use of SDG&E property adjacent to Marina View Park, was approved by the Council on March 1,
1988. A first amendment to extend the license by five years was approved in 1992, and expired
on December 31, 1997. SDG&E has submitted, for approval, a Second Amendment to License
which will extend the license for another five years, to expire on December 31, 2002.
STAFF RECOMMENDATION: That Council authorize the Mayor to execute the Second
Amendment and extend the license with SDG&E for property adjacent to Marina View Park until
December 31, 2002.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: In 1988, the City and SDG&E negotiated a license agreement for the expansion of
Marina View Park easterly to Bay Boulevard to enhance the entrance to the Marina area along
West "J" Street and Bay Boulevard. This work has been completed.
The initial license term was for five (5) years, with an option to extend for an additional five (5)
years, which was approved by the Council. The license agreement requires the City to pay $10
for annual rent, plus the annual Board of Equalization levy against the property of approximately
$510 a year. Annual maintenance cost is minimal. The Second Amendment will extend the license
until December 31,2002.
This property does not overlap with the property being sold to the Port District.
FISCAL IMPACT: Annual cost to the City, in addition to normal maintenance; is approximately
$520, with possible minor adjustment each year by the Board of Equalization.
Attachment: "A"- Second Amendment to License NOT SCANNED
[h:lhome\par1<sreclA 113\ - SDGEman.A 13] 1
g---j
RESOLUTION NO. /2" 'l C~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE THE SECOND AMENDMENT TO
LICENSE FOR THE USE OF SAN DIEGO GAS AND
ELECTRIC PROPERTY ADJACENT TO MARINA VIEW PARK
WHEREAS, a "park-use" license, generated by San Diego Gas
and Electric Company (SDG&E) for the City's use of SDG&E property
adjacent to Marina View Park, was approved by the Council on March
1, 1988; and
WHEREAS, a first amendment to extend the lease by five
years was approved in 1992, and expired on December 31, 1997; and
WHEREAS, SDG&E has submitted, for approval, a Second
Amendment to License which will extend the license for another five
years, to expire on December 31, 2002.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve and authorize the Mayor to
execute the Second Amendment to License in the form presented, for
the use of San Diego Gas and Electric Property adjacent to Marina
View Park, a copy of which shall be kept on file with the City
Clerk as Document No.
Presented by Approved as to form by
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\parklot.sdg
fš".J-.-
SECOND AMENDMENT TO LICENSE
This SECOND AMENDMENT TO LICENSE is effective as of
1998 by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California Corporation
(hereinafter called "LICENSOR") and the CITY OF CHULA VISTA, a Municipal Corporation
(hereinafter called "LICENSEE").
WHEREAS, by License dated March 1, 1988 (hereinafterreferred to as the "License"),
LICENSOR licensed to LICENSEE certain real property as shown on the Exhibit "A" drawing,
attached hereto; and
WHEREAS, LICENSOR and LICENSEE desire to further amend the License by
extending the tenn of the License for an additional five (5) years.
NOW, TIffiREFORE, in consideration of the promises and mutual convenants and
agreements set forth herein, the parties hereto agree as follows:
1. The tenn of the License is hereby extended for five (5) years, beginning January 1, 1998
and ending December 31, 2002.
2. As valuable consideration for the above extension, Licensee agrees to continue to pay
Licensor the sum of $1 0.00 each year, payable in advance on the first day of
January, 1998, and on the fust day of January of each succeeding year.
3. As additional consideration for the above extension, Licensee agrees to continue to
reimburse Licensor within ten (10) days after receiving written demand; a sum of money
equivalent to the to the taxes levied or assessed against the licensed premises.
cityamd.doc 1 [f"3
4. Except as expressly amended herein, the License remains unchanged and in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
License, to be executed by their authorized corporate officers as of the ¡lay and year fIrst above
written.
LICENSOR:
SAN DIEGO GAS & ELECTRIC COMPANY,
a California Corporation
By:
R. 1. Wassem, Supervisor
Real Estate Development
Real Estate Operations
LICENSEE:
CITY OF CHULA VISTA,
a Municipal Corporation
By:
Shirley Horton, Mayor
cityamd.doc 2 ?~y
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COUNCIL AGENDA STATEMENT
Item 9
Meeting Date 2/24/98
ITEM TITLE: Resolution /2"9ó 7 Approving the submittal to SANDAG of two
applications for the FY 1998-99 2% Non-Motorized Transportation
D>=Iopm'", Act (TDA) 7r'_ti~ s,,~ T~ (T=N") Fmuk
SUBMITTED BY: 1);="" of,,"bH, W",," ~
REVIEWED BY: CitYManage~~ ~ ~ (4/5thsVote: Yes_NoX)
The City of Chula Vista annually submits an updated list of projects for inclusion in the 7 -year
implementation program of the non-motorized element of the Regional Transportation Improvement
Program. SANDAG regulations require that official applications be submitted to SANDAG in order
for projects to be considered by its Board of Directors for funding. In order for the application to
be official, Council must approve a resolution authorizing submittal of the FY 1998-99 Bicycle
Project applications for available Transportation Development Act (TDA) and Transportation Sales
Tax (TransNet) Funds. Both funding sources form a single fund with annual allocations totaling
$2.3 million for the San Diego region. Projects are chosen and then approved for funding after the
applications have been evaluated by SANDAG's Bicycle Facilities Committee.
RECOMMENDATION: That Council approve a resolution authorizing the submittal of the
following two applications for the FY 1998-992% Non-Motorized Transportation Development Act
(TDA) and Transportation Sales Tax (TransNet) Funds: (1) East H Street Bikeway Facility Study;
and, (2) The construction of a bicycle path on the south side of the SR-54 corridor, from Press Lane
to Second Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Annually, the 2% Non-Motorized Transportation Development Act (TDA) Funds are made available
for the regional planning and construction of bicycle and pedestrian facilities. TDA funds will
contribute about $1.3 million in FY 1998-99 to the implementation of non-motorized projects in the
San Diego region. Also, with the passage of Proposition A in 1987, an additional $1 million of
TransNet revenues per year is available for the implementation of said projects that are submitted
annually by the Cities and the County. The following is a description of the project applications that
we propose to submit to SANDAG for FY 1998-99 funding:
1) CO1Jstruct biCYcle oath alone the south side of State Route 54. within the CAL TRANS
right-or-way. between Press Lane and Second Avenue( Sweetwater bikeway), The scope
of work for the project has been reduced from last year's submittal (Resolution 18584) to
take advantage of the existing traffic light at Brisbane Street. The purpose of the path is to
9-/
Page 2, Item-
Meeting Date 2/24/98
provide better access to the entrance of the Sweetwater River Bikeway (SWB) at Second
Avenue and the north side of the flood charmel (see Exhibits "A" & "B"). Currently, riders
must use Second Avenue, a steep, narrow and winding road, to reach the SWB or ride
through National City via 33n1 Street to the westerly tenninus of the SWB. This project will
reduce the number of riders on this portion of Second Avenue and would encourage bicycle
use. Many destinations, like Plaza Bonita, Bonita, and the Town and Country Shopping
Center, can be reached easily ITom Chula Vista via this route. In addition, destinations in
Central Chura Vista such as the new Channelside Shopping Center (Walmart) will be more
accessible by bicycle ITom Bonita, eastern National City and Paradise Hills. Soon, the
westerly end of the SWB will be connected to the Bayshore Bikeway making even more
connections as well as recreational routes available.
2) East H Street bikewav facilitY study. This project will study the feasibility of the
installation of bikeways along East H Street from Buena Vista to Otay Lakes Road. This
segment of East H Street is the only segment east ofI-805 without bike lanes. There are
high traffic volumes and speeds which are unsafe for bicyclists. There have been several
accidents involving bicyclists along this segment. The segment serves Southwestern
Community College, Bonita Vista High school, two shopping centers and several bus
routes that tenninate at the H Street Trolley Station. The study will perfonn a cost benefit
analysis of various alternatives to recommend the optimal improvements for the area. The
study will involve completion of prelimin~ engineering plans and cost estimates. A
number of alternatives will be examined such as the possibility of shifting the median in the
southerly direction and/or widening the street.
The total cost of the projects are estimated to be $176,000 and $25,000, respectively. SANDAG has
already allocated the City $41,000 of the total $176,000 for design of the Sweetwater bikeway
project. The grant requests as shown in the applications are the balance $135,000 for the Sweetwater
bikeway project and $25,000 for the East H Street bicycle study, and cover all items eligible under
the TDA program.
Project costs that are eligible for TDA funding include the removal of existing improvements,
grading work, installation of sidewalk and bike path, and pedestrian ramps. Eligible items also
include traffic control, protection and restoration of existing private improvements, required
drainage improvements, and contingencies covering design and inspection.
Projects submitted to SANDAG must meet at least the following criteria:
1. Projects must be included in an adopted regional plan.
2. If bikeway projects, they must follow the CAL TRANS bikeway standards.
3. Each project submitted must contain appropriate cross sections.
9~.2
--~---------~
Page 3, Item-
Meeting Date 2/24/98
Projects are also subject to prioritization criteria such as elimination of safety problem areas, service
to high use activity centers, connection to and continuity of longer routes.
The FY 1998/99 application will be reviewed by the Bicycle Facilities Committee which is
composed of representatives from each SANDAG member agency. Based on the Committee's
recommendations, the SANDAG Board of Directors will authorize allocation ofthe available TDA
and TransNet funds.
A copy of the application's package is located in the City Clerk's Office for Councils review.
FISCAL IMPACT: Potential total revenues to the City of $160,000. The actual amount is
dependent upon which of the projects is approved for funding by the SANDAG Board of Directors
and the amount that they approve. This resolution approves the submittal of the applications, and
does not fonnally approve the implementation of the projects. These projects will be submitted for
approval in the FY 1998-99 CIP.
A_..,_, TwoTDAA"..- /
Exhibits "A", "B"
Resolution 18584
~
2/17/98 (4:44pm) ~O
File No.: 0690-20-KYO36
H: \HOMEIENGINEERIADVPLAN\98A - TDA3. TEA
9/3
RESOLUTION NO. /?'9C7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SUBMITTAL TO SANDAG OF TWO
APPLICATIONS FOR THE FY 1998-99 2% NON-MOTORIZED
TRANSPORTATION DEVELOPMENT ACT (TDA) AND
TRANSPORTATION SALES TAX (TRANSNET) FUNDS
WHEREAS, the City of Chula vista annually submits an
updated list of projects for inclusion in the 7-year implementation
program of the non-motorized element of the Regional Transportation
Improvement Program; and
WHEREAS, SANDAG regulations require that official
applications be submitted to SANDAG in order for projects to be
considered by its Board of Directors for funding; and
WHEREAS, in order for the application to be official,
Council must approve a resolution authorizing submittal of the FY
1998-99 Bicycle Project applications for available Transportation
Development Act and Transportation Sales Tax (TransNet) Funds; and
WHEREAS, the following is a description of the project
applications to be submitted:
Construct Bicycle Path along the south side of State
Route 54, within the CALTRANS right of way, between Press
Lane and Second Avenue (Sweetwater bikeway) to provide
better access to the entrance of the Sweetwater River
Bikeway (SWB) at Second Avenue and the north side of the
flood channel.
East H Street bikeway facility study to study the
feasibility of the installation of bikeways along East H
Street from Buena vista to Otay Lakes Road.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the submittal to SANDAG
of two applications for the FY 1998-99 2% Non-motorized Transpor-
tation Development Act (TDA) Fund and Transportation Sales Tax
(TransNet) funds.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: \rs\2%NONMOT
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~ ,~,,>-:'L:.~-,- - ~.~- CL.~..:.:< '::-::--:-,-'.1 E. H 5,. Bikeway 5t1.
FY98-99 FebfU2J)',1998
vi;-:7 059:-20- t:Y -035
-- n_A TI,~.~.:',-;-: C':v cf Chul e ftc:'
Tr7E C= r!.,!..TIvf: (::::::.::k oDe) ;7
_.
(X) :-:j::je 3 .. Ejcyek aDd hdestriaD ?a.:ii.i:ies (992...~)
( ) .!.:3cie 4.. SUpPO!! Public T=.spor-o2.:Îon Sys~= (99260)
( ) J.:jcJe 4.5 - COmIDmilty TIåDSporú!!Îon Servi~5 (99275)
( ) _!.:3cie 8 .. MuJrimod.2J. TI'2D5pOr-.aDDD Te!JIliDili (994005)
( ) l_-:ic1e 8 - ~PTess:BUS S::.-vjcesIVaDpool Servj= (99400.6)
( ) A::de 8 - Loc2l S:r=t aDd Road Proj~!5 (99400)
C. AMOùÌ\¡ OF CLA.W
. Op::'""2ZÎO!l5
Capital
Pl=Ëg
. Oth:::r (sp--..ci!y)
TOT.Å.l.: $25,000
D- COJ\l1)TT!O}\.'!S OF APPROVAl:
It!s UDè::::>1ood by tÌÙ5 Oahnant tha1 pay¡¡=! oÎ the c1<Úm!s subject to approval by SAÑ"DAG and
to such =neys being on hand and ..vailable lOT cüstribmion, and to the proyi..sjon that such moneys
2nd the~..st eamed on such moneys subsequ:mt to allo::arion will be used only fOT the purposes
for w1ù¡;j¡ ibe cl2im!s approved aDd in accordaI1~ with the terms of the allocarion instructions.
.. A UTHO?~!J REPRE....~'"TA TIVFJ F. PAYMENTRECIP1Th'"T
CONTACT c& z I
~ ~, ~A-t - City of Chula Vis7a
(Si~) (Oaim2I1t)
M= Cuthbert 275 Fourth Avenue
(?rint oÎ ~ =) (Mailing Address)
Civil ~noineer Chula Vista, CA 91910
(Title) (City aDäzip cock)
276 Fourth Avenue , ATI'N: Robert Powell
(Aããr-..ss) (Name)
Chuh Vista, CA 91910 Director of Finance
(Title)
(519) ~91-517B
(phone) (Date Signed)
~¥=*~~****~*~~*******~~*¥*~~****~**¥=*****~**=*¥~~*********~~~*******~***~*~****
S..A.NDAG Us=. ONLY:
I. Oaim n=žJ::T
2 Dæ -~ved
_. ResolutlonND-
4- J..moUDt Þ.;;prov::d Îor Payment
5- AæDunt Z??roveå Îor R::se::-v::
If~uh-ed:
6. Da~ ~v~ by MTD3 /
7 'MTTYR?"'~"']l1-.i..,:!'! Nn,....,b~-
:;,",e: 2/b/9S
ESTIMAE or BICYCLE OR ?=D=ST?Jh.N ?ROJ=CT COSTS
r-mje::: ti,"::->,,-: East H Street Bikeway FacjJjt'l' StUdy ~n;¡th:- ¡'¡¡ile~
C:>nstf'.J:;i;")~ C:>S1S
1. EaI'thw:J;Y. a. Roadway Excavation C.Y. X $ = $
b. Errilianktrent C.Y.X$ =$
$ N/A
Z. Drainage - Maj::>r Wor\(
Des:~
$ N/A
3. Si9nin,g, Stri¡¡ing, Pavem!!n! Markin9s . .
Sipn¡ (Blmilo) ~S1.ooo1MiJo }
SIripe ~S1,5DOO.ti1e $3,000 ¡Mile X - Miles=: $ N/A
.1J.aßõnps 32D 5..F./Mile ~ S5DO1Mi1e
4. Pavin9 a. Agg. Base C.Y.X$ IC.Y.:=$
f~= ~I
length x . width x depth +Z7
--
b. Paving TonsX$ Ílon = $
I~ length x ~ ~ +Z7X2=~'1
PAVING TOTAL $ N/A
5.. Bridge W~;k a. MoëJfy Bridge S.F.X$ IS.F. = $
b. New Bridge S.F.X$ IS.F. = $
5RJDGE TOTAL $ N/A
So Fen::irig. LF. X $ ILF.= $ N/A
7: Slo:age . a. Ra:!-.s ea.X$ = N/A
b. Lockers ea.X$ =
a. Dt'ler (S;:>=,..::iiy and identify unit costs if appropriate.)
- . $ N/A
$
$
E. C~nstru:;jj:¡¡¡ S!tI1otal $
C~nstructi~n C~n!ingen::ies (1 O"k of COI".stru:tion subtoial)
X1D"k= $
C:mstru:tion Inspection (1 D% of constru:tion subtDial)
X 1D"k = $
1 D. CDNSïRUCTIDN TOTAL 2- $ N/A
N:>-..~::>-c"'.J':liT C-:s's
.
". Des¡"n ::'"'1;¡¡;¡eeri;¡; (15% of CDnsi~:!¡::>n S:.ò!::>:.al, ¡i;¡~ 2.) S KIA
,2. Envbn:ne;¡:a] D::>:::.:men1l?etmi'.s S KIA
14. PRD£CïTOTAL S 25,000
,5. Less Other Revenue Sourœs (Sr>e::iiy)
Prevbus IDA $ ( ø )
Prevb!:s TransNe! $ ( ø )
$ ( ø )
$( ø )
$ ( ø )
15. CLAIM AMOUNT $ 25.000
"'c.
17. Cost de!ail not sh~ above. Use 1D explain special cir:umstances su:h as deviations from suggested
pefCD..Jtage or unit::œ!s. Do not atta:h additional shea..ls.
",/
---"
TDA APPLICATION FORM
BICYCLE AND PEDESTRIAN FACILITIES
Claimant: CITY OF CHULA VISTA
Amount of Claim: $25,000
Length and Type of Project:
Bike Path
Bike Lane
Shared Route
Related Facilities
Sidewalk
Other study
Project description:
This project is a feasibility study for the construction of Class IIll bike facilities
along East H Street, from Buena Vista to Otay Lakes Road. This is the only
segment along East "H" Street, (a part of the Regional Bikeway Network) east of 1-
805 without bicycle lanes. East"H" Street has a very high traffic volumes, high
speeds and narrow Janes. There have been several accidents involving bicyclists
along this segment. The segment is adjacent to Southwestern Community College,
Buena VISta High school, two shopping centers and several bus routes that terminate
at the H Street Trolley Station.
Note: Please attach location ma,p project limits and ap,pro,priate cross sections.
I. Project Eligibility (Check and fully explain in comments) Yes No
A. Is the project included in an adopted regional, county, .x. -
city or community plan? - City's Bikeway Master Plan
B. If the project abuts other jurisdictions, is it shown on N/A _-
adopted plaris of adjacent jurisdictions?
C. Does the project follow CALTRANS Bike Route N/A _-
Standards from the CALTRANS Highway Design Manual, Section 7-1000; Bikeway
Planning and Design Standards? If the project exceeds the design standard, provide
a separate justification for any added costs associated with the higher standard.
D. Identify other sources of funding for the cooperative
projects, and/or specify how the TDA-related costs for this application were
determined. :
There are no other sources of funding. The cost of the study was determined by reviewing
the cost of similar projects.
!-
ll. Status of Project (check and fully explain in comments)
A. Resolution passed by governing agency Å--
B. On adopted Capital Improvement Program ..L-
C. Maintenance* and liability N/A
}\1aintep!mce of the ultimate facility will be provided by the City of Chula VISta's Department
of Public works.
ill. Proposed Project Schedule (provide dates)
A. Preliminary engineering completed N/A
B. Environmental Document approved. NfA
C. Final design complete N/A
D. Construction begins N/A
E. Construction complete N/A
A schedule for the proposed construction will be provided by the study. The study is
scheduled to start in July of 1998 and completed by October 1998.
ill. Evaluation Criteria (Check and fully explain in comments) Yes No
A. Does the project eliminate problem areas on routes
which would provide relatively safe travel use?
1. Intersections, driveways L-
2. Bridges HLA-
3. Narrow road segments L-
4. Removal of parking mA-
S. High traffic volume and speed Å--
6. Other * lliA -
The study will recommend solutions for the high volume, high speed, narrow segment.
SweetWater Bikeway 2 February 13, 1998
,-
::;.
B. Does the project provide service to high activity centers?
7. Employment X -
8. Commercial X -
9. Educational. X- -
10. Public transportation interface X -
11. Gove=ent or social service centers --
12. Cultural or recreational .2L-
13. Other --
The area is adjacent to Southwestern Community College, Bonita Vista High School
and shopping centers. The segment also serves a large residential community and
is used by several bus routes.
C. Does the project provide connection to and continuity
of longer routes?
14. Inter-regional .2L-
15. Regional .2L-
16. Inter-jurisdictional .2L-
17. Local .2L-
18. Community .2L-
The area in study is included in the SANDAG Regional Bikeway Network and the
City of Chula Vista's Bikeway Master Plan.
D. Special Circumstances and Local Participation:
H the segment is designed properly it could complete a loop of two separated Class
I bike paths and allow regional connections to these two facilities (Rancho del Rey
SPA ill bike path and the Rice Canyon Path).
E. Comments:
Bike lanes or a bike path are needed in the area. This study will perform a cost
benefit analysis to determine the optimal use of TDA funds.
Sweetwater Bikeway 3 February 13, 1998
/
/
(C)
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FY98-99 February, 1998
059 D- 2 0- t:Y - 035
. - CL"'-.ï¡,l.o '\!: Ci:v of Chulc' V;õ:i;
.:0. T\7';O C? O_.L.Dv1: (cb:k OD~)
( X) A:j:j~ 3 - Bjcy::j~ and Ped~sL.-jan ra.:iliri::s (9:;2-"4)
( ) Þ:J::b 4 - Supp::¡¡t Public T=por.z:ioD Sys~= (99260)
( ) Þ:JcJ~45 - CommUIlÍty TranspOrta!ÏOD Servic:::s (99275)
( ) .A:Jcb 8 - Multimodlù Transportation TeI1IlÏm1s (994005)
( ) Þ..-:icJ~ 8 - Expr::ss Bus S::...-vic::s!VanpooJ Servic:::s (99400.6)
( ) /..:JcJ:: 8 - Loc.a1 Sfre::t and Road Proj~!.S (994CKJ)
C. AMOUNT OF CLAIM
Ope¡-c.:ious
Capit2l
Plannmg
. Oth::r (5p'"...CÌl")r)
TOT.A.L; $135.000
D. CO'NL>IDONS OF APPROY.I>,L:
It is UIl~-:;tood by!ÌÛS OahnaDt that paym::n! of the cl<Úm is subject to approval by SANDAG and
to such I!lC)neys be.ing on hand and availab1:: for åistniJuúon, and to the provision that such I!loneys
and the .in~st earned on such I!loneys subs~uent to alJo::.s.tion will be used only for the pu..-pos::s
for wÌÜcb 1:h= claim is apnroved and .in ac:c:ordanc:e with the rerms of the alJoc:ation mstruc:riODS.
~ .Á UTHORm-)) REPRFSENTA TIVEI F.. PAYMÐ\1TRRnPWNT
CON"TACT
'('7((~1< û;Ø'aJ Citv of Chula Vista
(Sigm1U!--) (Clair=!)
Mum Cuthbert 276 Fourth 'Avenue
(?zmt of~'P==e) (Mail.ing Address)
Civil Enoineer Chula Vista, CA 91910
(TItle) (City and zip code)
276 Fourth Avenue -.ATTN: Robert Powell
(Address) (Nam=)
Chula Vista, CA 91910 Director of Finance
(TItle)
(6191 691-5'178
(?boDe) (Date Signed)
~~**~~******Ê**E****~***Ê***************~E*********~**************************~****
SA.1WAG USE ONLY:
1. OaimDUI!lb::¡
2 Date Appwved
3. Resolution No.
4. .~oUIlt .t..pprov=d for P2yment
5. -~oUIlt 2pproved for R::s::...-ve
If?~..d:
6. Date Approved by MIDB ;?
7. MTDB R::soluúon NIllDb::¡
TDA APPLICATION FORM
BICYCLE AND PEDESTRIAN FACILITIES
Claimant: CITY OF CHULA VISTA
Amount of Claim: $135,000
Length and Type of Project:
Bike Path 750ft
Bike Lane
Shared Route
Related Facilities
Sidewalk
Other
Project description:
Construct 8' wide PCC Bike Path along the south side of State Route 54, within
CAL TRANS right of way, between Press Lane and Second Avenues. Improvements
will also include grading, retaining waIls, signing, fencing, striping and ramps.
This is a revised scope of work for a project submitted last year. The scope of work
was reduced for safety reasons and redirects the bike traffic to the signalized
intersection Brisbane and Trousdale instead of the SR-54 on ramp.
Note: Please attach location map proiect limits and apJlro,priate cross sections.
I. Project Eligibility (Check and fully explain in comments) Yes No
A. Is the project included in an adopted regional, county, .x. -
city or community plan? - City's Bikeway Master Plan
B. If the project abuts other jurisdictions, is it shown on N/A _-
adopted plans of adjacent jurisdictions?
C. Does the project follow CALTRANS Bike Route .x. -
Standards from the CALTRANS Highway Design Manual, Section 7-1000; Bikeway
Planning and Design Standards? If the project exceeds the design standard, provide
a separate justification for any added costs associated with the higher standard.
D. Identify other sources of funding for the cooperative
projects, and/or specify how the TDA-related costs for this application were
determined.:
We performed a cost estimate based on grading, drainage and
the cost of sidewalk.
9
ll. Status of Project (check and fuIJy explain in comments)
A. Resolution passed by goveTIÚng agency X--
B. On adopted Capital Improvement Program X--
C. Maintenance* and liability *
- -
ill. Proposed Project Schedule (provide dates)
A. Preliminary engineering completed Julv ]998
B. Environmental Document approved. Au~st 1998
C. Final design complete February 1999
D. Construction begins April. 1999
E. Construction complete June] 999
*Comment on how proposed facility will be maintained.
The Bike Path will be maintained as a part of the City's
infrastructure by Chula VISta's Operations Staff
ill. Evaluation Criteria (Check and fully explain in comments) Yes No
A. Does the project eliminate problem areas on routes
which would provide relatively safe travel use?
1. Intersections, driveways - X-
2. Bridges - .x
3. Narrow road segments A- -
4. Removal of parking - A-
5. High traffic volume and speed A- -
6. Other * A-
-
Currently the only way that a cyclist can reach the Sweetwater River
Bikeway, a regional bikeway along the north side of the flood channel, from
Chula VISta is via Second Avenue or by traveling through National City, via
33rd Street, to the westerly terminus of the Bikeway. Second A venue is a
steep, narrow and windy roadway. This Bike Path will provide a safe and
convenient route to the Sweetwater River Bikeway by eliminating the need
to use Second Avenue.
Sweetwater Bikeway 2 February 13, 1998
/rJ
B. Does the project provide service to high activity centers?
7. Employment X -
8. Commercial X -
9. Educational _X
10. Public transportation interface X -
11. Govermnent or social service centers --
12. Cultural or recreational L-
B. Other --
The Bikeway together with other existing routes will1ink several activity centers.
Many destinations, like Plaza Bonita, the Town and Country Shopping Center, the
Bonita Area, and Paradise Hills could be reached easily from Chula Vista via this
route. In addition, many people from Bonita, Paradise Hills and eastern National
City could ride their bikes into Central Chula VISta for bnsiness, employment,
governmental or cultural purposes.
C. Does the project provide connection to and continuity
of longer routes?
14. Inter-regional L-
15. Regional L-
16. Inter-jurisdictional L-
17. Loca1 L-
18. Community L-
Yes, this bike path will make a SAFE, level and convenient connection between
several local and regional routes, in and through Chula Vista and National City.
These bikeways include Fourth and Second Avenues and "C" Street in Chula Vista
and Sweetwater Road, Euclid Avenue and the Sweetwater River Bikeway in
National City.
Do Special Circumstances and Local Participation:
This bikeway will become a segment of Chula Vista's future Greenbelt bikeway and
immediately provides needed access to the Regional Sweetwater River Bikeway.
E. Comments:
The Sweetwater River Bikeway is an important regional route, especially for the
Cities of National City and Chula Vista, providing links to and between the future
Bayshore Bikeway and the Bonita Area. However, access from Chula Vista to this
important bicycle facility is limited. To get there you must use Second Avenue, as
described above or ride across the river into National City and go west, almost to
Interstate 5, to the bikeway's westerly terminus.
This bike path will encourage bike use, both commuter and recreational by
providing safe and convenient connection to activity centers.
Sweetwater Bikeway 3 February 13, ]998
II
Dale: 2/8/98
ESTIMATE OF BICYCLE OR PEDESTRIAN PROJECT COSTS
ProjeC! Name: Bicycle Path-South side of SR-54 Length: ~ Mi~e;;
Construdion CDst~
1. Earthwor1< a. Roadway Excavation C.Y.X$ =$
b. Embankment 300 C.Y.X$ 12 = $ 3,600
$ 3.600
2. Drainage - Major Wor1<
Describe: Modif.y existing facilities
$ 15,000
3. Signing, Striping, Pavement Markings . .
SiQI¡ (II/mile) =$1,!)OO/Mj1e}
Stripe = $1,sDOlMDe $3,000 !Mile X - Miles: $ 2,000
- MazicinQS 320 s.F Me & $SOOIMiJe
4. Paving a. Agg. Base C.Y.X$ IC.Y.= $
¡calC: ~f
length x - width x depth +.Zl
--
r5lsX$ 3.00 SF
b. Paving (conc.) 6,000 rr1:llr= $ 18,000
calc; length x width x depth +27X2 = Tons
-- -
PAVING TOTAL $ 18.000
5. Bridge Wor1< a. Modify Bridge S.F.X$ IS.F. = $
b. New Bridge S.F.X$ IS.F. ~ $
~il~sters(remove & replace) E.A.X $p,l'P¡fJliOTAL $
5 6,200
6. Fencing--. - 1,500 LF.X$ 5.20 ILF.= $ 7,800
Bike only barricade(both ends) 2 E'.A.X $l,UUU/EA L,UUU
7: Storage a. Racks ea.X$ =
b. Lockers ea.X$ =
Traffic control L,UUU
a. Other (Spe:ify and identify un~ costs if appropriate.)Flashing yellow lights 2EAX4, 000= 8,000
Retaining waLls 900SFX$27/SF $ 24,300
Pedestrain Ramp 4X$I,000/EA $ 4,000
Resror?~;On of lRnnscan;nç!relocRte hack f]ow Dre~pnrnr~ $ lR nnn
. Lighting 12,000
9. CoñStruction Subtotal $ 1?? onn
Construction Contingencies (10"k of construction subtotal)
122,900 X10%= $ 12,290
Construction Inspection (10% of construction subtotaQ
122,900 X10%= $ 12,290
10. CONSTRUCTION TOTAL $ 147.480
/;2-
N:J".~:J'1stru~i:J" Cos1s
11. Design :ngineering (15% of Constru::tion Subtotal. line 9.) S 18,435
12. Envi~nmental DxumenVPermits S 10,000
14. PRDJ:c::TTOTAL $ 175,915
15. Less Other Revenue Sources (Specify)
Previous TDA S ( )
Previous TransNet $(41,000 )
$ ( )
$( )
$ ( )
16. CL6JM AMOUNT $ 135,000
.....
17. Cost detail not shown above. Use to explain special circumstances such as deviations from suggested
percentage or unit costs. Do not attach additional sheets.
-
~
.
-
/:;-.
/"""";
Dale: 2/l0/~S
ESTIMATE OF REVISED BJCYCU: ROUTE IMPROVEMENT COSTS
Project Name: Bicycle Path-South side of SR-S4
Percen
Chance
1. Earthwork $ 30,000 3,6DD -88¡
-
h -
.. '"
-.
2. Drair¡¡¡¡¡e - Maj;¡r Work ":O;t .,,;
Descri!Ie: $ - lS,ODO IS,DDD
-
3. Signing, Striping, Pavement Markings $ 8% ""
? 000 2.0DO -
4. Paving $ 81, DOD " 18,DDO -78%
5. Bñdge Work $ ø ø D%
- -
6. Fen::ing $ 14.DOD 16.00D - 14%
" ø D%' "
7. Storage $ ø
..~lashing yellow lights 2L~$4,DDD ø 8,DDO n/a
8. Other (Spe::ny, On S"econd Ave due to a "blind eUI"e
Traffic CD"ntról . " "$ 2,ODD 2,DDD 0%
Retai~ing walls $ 18,ODD 24,30D .:m-.
PeëL. ramps" $ 4,DDO 4,ODD 2L-
LaIldseaping Lighting " 2€:gBB, H:BBB -22%
84%
9. Constru:!ion Subtotal. $ 19'; 00f) ]22.90D ~
Contingen::ies Subtotal $ 19.50D 12,29D -37%
::nvironmental/ inspection/ Engineeñng Subtotal $ 59.875 40.725 -32%
-
'0. PROJECT TOTAL CSAY'J $ 275,DDD 176,DDO -=3'6%
".'1. LESSTDA ORTRANSNET FUNDS RECEIVED -$ 41.00D 41.DDD
12 CLAIM AMOUNT $ 234,ODD 13S,000 -42%
---
Provide a det¡¡led explanation of the ~st changes sh;¡wn above;
/1
TDA APPLICATION FORM
BICYCLE MTD PEDESTRIAN FACILITIES
Claimant: CITY OF CHULA VISTA
Amount of Claim: $135,000
Length and Typ-:. of Project:
Bike Path 750ft
Bike Lane
Shared Route
Related Faciliries
Sidewalk
Other
Project description:
Construct 8' wide PCC Bike Path along the south side of State Route 54, within
CALTRANS right of way, between Press Lane and Second Avenues. Improvements
will also include grading, retaining walls, signing, fencing, striping and ramps
Note. Please attach 1ocarion map project 1]mits and appropriate cross sections.
I. Project Eligibility (Check and fully explain in comments) Yes No
A. Is the project included in an adopted regional, county, X -
city or community plan? - City's Bikeway Master PIan
B. If the project abuts other jurisdictions, is it shown on N/A _-
adopted plans of adjacent jurisdictions?
C. Does the project follow CALTRANS Bike Route X -
Standards from the CALTRANS Highway Design Manual, Section 7-1000; Bikeway
Planning and Design Standards? If the project exceeds the design standard, provide
a separate justificarion for any added costs associated with the higher standard.
D. Identify other sources of funding for the cooperative
projects, and/or specify how the TDA-re1ated costs for this app1ication were
determined.:
We performed a cost estimate based on grading, drainage and
the cost of sidewalk.
Sweetwater BÍkeway 1 February 12, 1998
15
II. Status of Project (check and fuJJy explain in comments)
A. ResoJmjon passed by governing agency -L-
B. On adopted Capital Improvement Program -L-
C. Maintenance* and liability *
- -
ill. Proposed Project Schedule (provide dates)
A. Preliminary engineering completed Julv 1998
B. Environmental Document approved. Aug-ust 1998
C. Final design complete Februarv 1999
D. Construction begins April 1999
E. Construction complete June 1999
*Comment on how proposed facility will be maintained.
The Bike Path will be maintained as a part of the City's
infrastructure by Chula Vista's Operations Staff
ill. Evaluation Criteria (Check and fully explain in comments) Yes No
A. Does the project eliminate problem areas on routes
which would provide relatively safe travel use?
1. Intersections, driveways - X-
2. Bridges - ..x.
3. Narrow road segments ..x. -
4. Removal of parking - ..x.
5. High traffic volume and speed ..x. -
6. Other * ..x.
-
Currently the only way that a cyclist can reach the Sweetwater River
Bikeway, a regional bikeway along the north side of the flood channel, from
Chula VISta is via Second Avenue or by traveling through National City, via
33M! Street, to the westerly terminus of the Bikeway. Second Avenue is a
steep, narrow and ~indy roadway. This Bike Path will provide a safe and
convenient route to the Sweetwater River Bikeway by eliminating the need
to use Second Avenue.
SweetWaI:r Bikeway 2 February 12, 1998
/h
/.
B. Do~s the project provide service to rugh activity centers?
7. ErnpJoyment X -
8. Commercial .x. -
9. Educational _ .x.
10. Public transportation interface .x. -
11. Gove=ent or socia] service centers - -
12. Cultural or recreational L-
B. Other --
The Bikeway together with other existing routes will link several activity centers.
Many destinations, like Plaza Bonita, the Town and Country Shopping Center, the
Bonita Area, and Paradise Hills could be reached easily from Chula Vista via this
route. In addition, many people from Bonita, Paradise Hills and eastern National
City could ride their bikes into Central Chula VISta for business, employment,
governmental or cultural purposes.
C. Does the project provide connection to and continuity
of longer routes?
14. Inter-regional ..L-
15. Regional L-
16. Inter-jurisdictional L-
17. Local L-
18. Community ..L-
Yes, this bike path will make a SAFE, level and convenient connection between
several local and regional routes, in and through Chula VISta and National City.
These bikeways include Fourth and Second Avenues and "C" Street in Chula Vista
and Sweetwater Road, Euclid Avenue and the Sweetwater River Bikeway in
National City.
. D. Specia1 CÙ"cumstances and Local Participation:
This bikeway will become a segment of Chula VISta's future Greenbelt bikeway and
immediately provides needed access to the Regional Sweetwater River Bikeway.
E. Comments:
The Sweetwater River Bikeway is an important regional route, especially for the
Cities of National City and Chula Vista, providing links to and between the future
Bayshore Bikeway and the Bonita Area. However, access from Chula Vista to this
important bicycle facility is limited. To get there you must use Second A venue, as
described above or ride across the river into National City and go west, almost to
Interstate 5, to the bikeway's westerly terminus.
This bike path will encourage bike use, both commuter and recreational by
providing safe and convenient connection to activity centers.
SweeTwater Bikeway 3 February 12, 1998
/1
CITY OF CHULA VISTA
EN GIN E E R I iI' G DIVISION
COST ESTIMATE
PROJECT TITLE: Installation of BICYCLE PATH
Along the South Side of State Highway 54 mE NO. , 0690-20-KY-036
Between Second and Press Ln. DATL 2/10/98
Within GAL TRANS Right of Way PREPARED BY, lea
CHECKED BY ,
NO. ITEM I QUANTITY UNIT UNITPRICE AMOUNT
ITEMS ELIGIBLE FOR TDA FUNDS I
I Grading / Import I 300 CY 12.00 3,600
2 Installation of Retaining Walls I 105 SF 27.00 2,835
3 Installation of 8' PCC Sidewalk I 750 LF 24.00 18,000
4 Installation of Pedestrian Ramps 4 EA 1,000.00 4,000
5 Drainage Improvements - (Modify Existing Facilities) I I LS 15,000.00 15,000
6 Restorarion of Landscaping / RecJocate bacJdlow preventors I LS 18,000.00 J8,OC
7 Lighting I LS 5,000.00 5,000
8 Traffic Control I I LS 2,000.00 2,000
9 Signing and Striping 1 LS 2,000.00 2,000
10 Install flashing yellow lights I LS 2,000.00 2,000
II Baricade I 2 EA 1,000.00 2,000
12 Install/Move Chain Link Fence rebuild exixting pilaster I I LS 14.000.00 14,000
5:88,435
I CONSTRUCTION CONTINGENCIES (10%) 8,844
CONSTRUCTION INSPECTION (10%) 8,844
5:106,122
I
ENGINEERING DESIGN (15%) 13.265
I COORDINATION \VIlli OrnER AGENCIES 9,500
ENVIRONMENTAL DOCUMENTS I 6.000
PROJECT TOTAL I 5:134,887
I TOTAL 97-98 TDA REQUEST I $135,000
(M:\..AdvPlan\98s-lda
It 02110/98
Sweetwater Bi ke Path
. '
. ' .
. . Flashing Yellow warnIDg sigr?
. .
.
. '
. '
.
. New 0Jam ~.~~........
............
Cormect 18" CMPto storrn~...............
5)J a 5)J Fæt
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/9
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2'MIN ' , .. ! 2'MfN .
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EXISTING'-/\ .x- ¡ __ EXISTING --NC-
- GROUND 'J I x r~ ~
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. a--
RETAINING WALLS ~ PRO:S: BIKE PATH'
WHERE NEEDED .
CROSS-SECTION NEAR SECOND A VENUE
NO SCALE
I
.
.. C IT Y OF CHULA VISTA
DRAWN BY: TYPICAL CROSS-SECTIONS OF BIKEWAY
_.
South Side ofSR-54
DATE: 2 /11/97'- --- - . ---..--
Press Ln and Second Ave
;2/
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-
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===== :::::::::~ I
I
\ CAL~SRofW 1
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NEW/R:LOCATED ~
CHAIN - FENCE rl' g'
\ I '!--
2'MIN ' : 2'MIN.
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EXISTING ~ X I ! 1--- EXISTING FENCE
. GROUND. \ ~f .
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RETAINING WALLS PROPOSED BIK= PATH
WHERE NEEDED -
. CROSS-SECTION NEAR SECOND A VENUE
NO SCALE
I
C IT Y OF CHULA VISTA
DRAWN BY: TYPICAL CROSS-SECTIONS OF BIKEWAY
-
South Side oÍ SR-54 ---..-
DATE: 2 /11/97'- - -. -. . Press Ln and Second Ave
~3
.--------.--.----
<-~,
RESOLUTION NO- 18584
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL TO SANDAG OF TWO APPLICATIONS
FOR THE FY 1997-98 2 PERCENT NON-MOTORIZED
TRANSPORTATION DEVELOPMENT ACT (TDA) AND
TRANSPORTATION SALES TAX (TRANSNET) FUNDS
WHEREAS, the City of Chula Vista annually submits an updated list of projects for
inclusion in the seven-year implementation program of the non-motorized element of the
Regional Transportation Improvem~nt Program; and
WHEREAS, SANDAG regulations require that official applications be submitted to
SANDAG in order for projects to be considered by its Board of Directors for funding; and
WHEREAS, in order for the application to be official, Council must approve a resolution
authorizing submittal of the FY 1997-98 Bicycle Project applications for available
Transportation Development Act and Transportation Sales Tax (Trans Net) Funds; and
WHEREAS, the following is a description of the project applications to be submitted:
Construct Bicycle Path along the south side of State Route 54,
within the CAL TRANS right of way, between Second and Fourth
Avenue to provide better access to the Sweetwater River
Bikeway (SWB) along the north side of the flood channel.
Installation of sidewalk improvements along the south side of
Naples Street, between Harborside Elementary School and
Industrial Boulevard to improve student and pedestrian safety in
the vicinity.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the submittal to SANDAG of two applications for the FY 1997-98
2 percent Non-motorized Transportation Development Act (TDA) Fund and Transportation
Sales Tax (TransNet) funds.
Presented by Approved as to form by
V! ¿-'
Jrfn P. Lippitt ~
Director of Public Works
... .,. ;;;2/£" ", ----'-
-."- "" -
~þ~~ '-
'\.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of February, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilla, Salas, and Horton
NA YES: Councilmembers: None
ABSENT: Council members: Rindone
-
ABSTAiN: Councilmembers: None
d!t#~#~or
ATTEST:
~)fl~ a aJf.~
Beverly. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
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.1 8584 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of February,
1997.
Executed this 25th day of February, 1997.
~ d CZz/&
Beverly. Authelet, City Clerk
COUNCIL AGENDA STATEMENT
Item / tJ
Meeting Date 2/24/98
ITEM TITLE: Report on status of planned improvements to the I-80S/Telegraph Canyon Road
--.. (
SUBMITTED BY: Director of Public Work~'
REVIEWED BY: City Manager J~" <./7 (4/Sths Vote: Yes - No.xJ
In February of 1996, staff initiated design efforts aimed at implementing the fmal phase of planned
improvements at the I-80S/Telegraph Canyon Road interchange. This project is the top priority
interchange improvement among those currently progranuned in the Eastern Area Development Impact Fee
Program. The primary objective of this project is to improve the flow of traffic along eastbound Telegraph
Canyon Road through the interchange, thereby complementing previous improvements made for westbound
travel. Community meetings were held on August 22, 1996, and January 29, 1998, at the Elks Lodge on
Telegraph Canyon Road to obtain input and reactions from residents in the area. The next steps in the
process are to complete the environmental process, finalize plans, specifications and estimates, and initiate
construction activities. Construction of the preferred alternative is expected to cost approximately $1
million, and is scheduled to be advertised in the early sununer.
RECOMMENDATION: That the City Council accept staff's report regarding the status of planned
improvements to the I-80S/Telegraph Canyon Road interchange and direct staff to finalize the design and
proceed with advertisement for construction.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The purpose of this project is to improve the flow of traffic along eastbound Telegraph Canyon Road
through the interchange at I-80S. The project is needed because of a combination of capacity problems
and safety concerns that exist at the intersection. These problems, shown on Exhibit A, are described as
follows:
A. There is only one through lane for eastbound traffic at the interchange.
B. Eastbound traffic in the inside through lane is "trapped" into the left turn pocket.
C. The proximity of the traffic signals along Telegraph Canyon Road at Halecrest Drive and the
northbound ramps results in inefficient operations and reduced service levels.
D. Vehicles turning left into Halecrest Drive queue up into the intersection of Telegraph Canyon Road
and the northbound ramps because of the limited stacking distance.
E. Vehicles turning right from the northbound off-ramp attempting to access the left turn pocket to
Halecrest Drive often create a safety hazard by cutting across eastbound through traffic.
While Telegraph Canyon Road is a city street, it should be noted that this segment is within the limits of
Caltrans' freeway and the City can only do improvements which are approved by Caltrans. In addition,
/¿7~ I
Page 2, Item-
Meeting Date 2/24/98
Caltrans can require additional improvements as a condition of issuing the necessary permits to perform
work within the area. One additional problem which Caltrans has identified is also shown on Exhibit A.
This problem, which is not on Telegraph Canyon Road itself, is the lack of stacking capacity on the
northbound freeway off-ramp.
A series of options was developed to address each of the above capacity problems and safety concerns.
These options were presented at an initial community meeting on August 22, 1996, and to the City Council
on October 10, 1996. Based on input received at the first community meeting, City staff developed a
proposed alternative which appears to meet the communities needs, and is acceptable to Caltrans. This
alternative includes the following improvements (Exhibits B-D):
1. Widen eastbound Telegraph Canyon Road to provide an additional eastbound through lane at the
interchange.
2. Reconfigure eastbound Telegraph Canyon Road to eliminate the trap lane.
3. Add a partial raised median on Telegraph Canyon Road opposite the Halecrest Drive to prohibit
left turns out of Halecrest. Left turns will still be allowed into Halecrest and motorists exiting the
freeway on the northbound off-ramp will also be able to safely access Halecrest.
4. Signalize the existing access to the adjacent shopping center located midway between Halecrest and
Crest.
S. Widen the northbound off-ramp to provide three lanes onto Telegraph Canyon Road. Two of the
lanes will be for right turns and the center lane will be used for access to the turn pocket into
Halecrest.
6. Prohibit left turns out of Halecrest onto eastbound Telegraph Canyon Road by constructing a
partial median with turn pocket which still allows eastbound left turning movements onto Halecrest.
Subsequent negotiations with Caltrans resulted in further modifications to the interchange. These
modifications include:
1. Add a second lane option exit lane off the southbound freeway. Currently only one exit lane exists
now and Caltrans' required the additional capacity at the beginning of the off-ramp. (See Exhibit
B).
2. Widen and realign the southbound to eastbound freeway off-ramp, and "square" the ramp terminus
with the City street. Currently, this off-ramp is a continuous loop ramp entering the street without
a stop into an exclusive eastbound through lane. This will allow for signalization at this location,
help eliminate merging conflicts on eastbound Telegraph Canyon Road and provide three
eastbound through lanes.
Due to the addition of work itemized above, the estimated cost of the work has increased from the
$1,950,000 in the current CIP budget to $2,350,000. However, city staff was also successful in negotiating
a $300,000 Minor Program contribution from Caltrans to help defray the costs of Caltrans' requested
modifications. In addition, Caltrans District Director Gary Gallegos has agreed to provide the services of
a Resident Engineer at State cost to oversee construction of the project. This will help reduce the City's
inspection costs. / ¿J --- ,;l..
Page 3, Item -
Meeting Date 2/24/98
A second community meeting was held on January 29, 1998. Staff noticed all owners and residents a
minimum of 1000 feet from the project regarding the meeting. On the east side of I-80S north of Telegraph
Canyon Road, the notices were sent beyond the 1000 foot mark to include all homes south of "J" Street
and west of Crest and Lori Lane. That notice was sent to nearly 800 property owners and/or residents.
Approximately 15 residents attended the January 29 meeting, and for the most part, reactions to the
proposed alternative were positive. Residents appreciated the fact that proposed improvements were
responsive to concerns raised at the previous community forum, but some attendees continued to express
reservations about the prohibition of turns from southbound Halecrest to eastbound Telegraph Canyon
Road. Staff has spent a considerable amount of time looking at this situation, but could not find any way
of handling the traffic to Caltrans' satisfaction without prohibiting left turns out of Halecrest. The
elimination of that one move frees up a considerable amount of signal time for westbound traffic on
Telegraph Canyon Road and completely eliminates the additional red phase for eastbound traffic. This was
a critical item in being able to get adequate traffic capacity through the interchange to handle future traffic
volumes. It should be noted that Caltrans' original position was that the intersection should be closed to
¡\llieft turns, both in and out. However, they recognized the difficulties of trucks accessing the local
businesses and agreed to permit left turns from eastbound traffic to northbound Halecrest.
One of the requests of the residents, in response to the prohibition of left turn lanes out of Halecrest was
to request a stop sign on Crest Road at Douglas Street. Traffic needing to go east from this area would
now have to use Douglas Street to get to Crest Road, which is east of the shopping center, where they
could make the left turn onto Telegraph Canyon Road. Staff is reviewing the need for a stop sign at that
location and will take it to the Safety Commission. The review will probably not be completed until after
the construction at Halecrest is completed and traffic patterns have had a chance to stabilize.
The next steps for the process are summarized as follows:
1. Complete environmental process.
2. Complete preparation of final design plans and obtain approval and a permit from
Caltrans.
3. Entering into a cooperative agreement with Caltrans which covers their funding assistance
identified above and the resident engineer.
4. Advertise project for construction. The target date to advertise for bids is mid-June, 1998.
If that date is able to be met it is anticipated that construction could be complete by May
1999.
For both public meetings and the previous City Council meeting staff noticed all owners and residents a
minimum of 1000 feet from the project. For those meetings the notices were sent beyond the 1000 foot
distance to include all homes south of East" J" Street and west of Crest and Lori Lane on the east side of
I-80S. That amounted to nearly 800 property owners and/or residents. Notice of tonight's Council
consideration was sent to that same list.
FISCAL IMPACT: The funding for this overall project is split into three different accounts depending
on the phase of work. The three phases of work are: 1) project management, 2) project engineering and
design, and 3) construction.
For the first phase of the work, the City has hired the firm of Smith & Kempton to act as project mangers
and liaison with Caltrans for this and two other I-80S interchange projects (Orange Avenue and Palomar
Street). This phase of the project is funded in the operating budget under Account 6221-6212 from
J~.~3
,~ /J
Page 4, Item -
Meeting Date 2/24/98
Transportation Development Impact Fees (TDIF). An original contract and a subsequent amendment were
approved by the Council to complete the project management activities on these three interchanges and for
continuing transportation advocacy work to obtain funding for SR-12S and Orange Avenue.
The engineering work to complete the Project Study Reports (PSR) and the Project Reports (PR) on these
three interchanges per Caltrans' requirements and the subsequent contract plan and specification
preparation for the Telegraph Canyon Road and Orange Avenue interchanges is being accomplished by
Rick Engineering. This part of the project was also funded from TDIF funds in the CIP budget as Project
No. STM327 (I-80S Project Study Report(s)/Project Report). The total amount budgeted for all of this
phase of the work, including study work at the other two interchanges, is $550,000.
In addition, the current CIP budget includes Project STM-304 (I-80S/Telegraph Canyon Road Interchange
Improvement Phase II) to fund the construction of these improvements. That project currently totals
$1,950,000 in TDIF funds through the current fiscal year. The remaining $400,000 will be included in
the 1998/99 CIP budget. As previously noted, Caltrans has also agreed to provide up to $300,000 in
Minor Project funding to defray the cost of improvements at the interchange, and has further agreed to
provide the services of a Resident Engineer to oversee the project through the construction phase. The
remaining $100,000 will be TDIF funds.
Attachments: Exhibit A - Existing Improvements
Exhibits B-D - Improvement Preferred Alternative
H: IH 0 MElEN GfNEER lAGEND A lSOSTCR2. CLS
Filo: 0735-95-HXO37
0730-IO-STM327
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/éJ - 8
COUNCIL AGENDA STATEMENT
Item II
Meeting Date February 24. 1998
ITEM TITLE: Quarterly Fiscal Status Report for the Second Quarter of Fiscal
Year 1997-98
SUBMITTED BY: D;,&t" of F;",",o/~~
REVIEWED BY: C;ty M"""JG:l7'i ~ \ (4/5ths Vote: Yes _NolLl
In accordance with Charter Section 504(f), attached for your consideration is the fiscal
status report covering the first half of Fiscal Year 1997-98.
RECOMMENDATION: That Council accept the report as submitted,
DISCUSSION:
Section 504(f) of the City Charter requires quarterly and annual fiscal status reports
to be filed by the Director of Finance through the City Manager. Attached for your
consideration is a report covering the period through December 31. 1997 for Fiscal
Year 1997-98.
The report concludes that as of the mid-point of this fiscal year, Revenues and
Transfer in are expected to exceed Expenditures and Transfers out by approximately
$422,000. However, when early third quarter supplemental appropriations related to
salary adjustments are factored in, the projection becomes negative with estimated
Expenditures and Transfers out exceeding estimated Revenues and Transfers in by
approximately $664,700, This projection is the overall net result of estimated revenue
shortfalls and mid-year budget increases, offset by estimated expenditure savings.
The City historically finishes each fiscal year with operational savings of between $1
and $3 million annually, and unless this year is drastically different from any recent
year, these as yet unidentified, but historically realized, expenditure savings would
offset the current negative projection,
The report reflects that although projections in major revenue categories, such as
Property Taxes, Sales Taxes, and Motor Vehicle License Fees are very positive and
exceed budget estimates by an aggregate of more than $900,000, there are projected
shortfalls in reimbursement revenues from grants, major developers, and other sources
j)-/ J
/)
Page 2. Item
Meeting Date February 24.1998
that result in overall projected revenues for the fiscal year being more than $1,1
million less than budget estimates, The shortfall in reimbursement revenues will be
partially offset by expenditure savings of $1.1 million due to delays in implementing
grant and reimbursement funded projects,
Finally, the report cautions that both the Police and Fire Departments are projecting
additional appropriation requirements due to excessive overtime, The need for either
appropriation transfers from other departments or additional appropriations from
reserves will be monitored closely and any necessary recommendations brought before
Council in a timely fashion.
FISCAL IMPACT: There is no fiscal impact relative to accepting or rejecting the
report, since it is for information purposes only, The City General Fund began Fiscal
Year 1997-98 with an Available Fund Balance of $4.43 million and based on the
limited information available this early in the fiscal year, it appears that this amount
could decrease by up to $664,705 unless as yet unidentified, but historically realized,
expenditure savings occur,
///~
COUNCIL INFORMATION
DATE: February 13, 1998
TO: Honorable Mayor and City Council
VIA: John D. Goss, City Manager
FROM: Robert W, Powell, Director of FinancePf
SUBJECT: QUARTERLY FISCAL STATUS REPORT
In accordance with section 504(f) of the City Charter, please find attached the following
summary schedules Fiscal Year 1997-98 through the second quarter ending December 31,
1997:
Schedule A ..... General Fund Budget Amendments
Schedule B ..... General Fund Revenues, Summary by Revenue Category
Schedule C ..... General Fund Revenues, Fiscal Year Projections Compared to Budget
Schedule D ..... General Fund Budget Status
Schedule E ...., Budget Transfers Approved by Administration
The following is a summary that compares the current General Fund budget, including any
amendments subsequent to original adoption, with the projections for the fiscal year. At this
point in the fiscal year, the projected figures are necessarily somewhat conservative for both
revenues and expenditures. In other words, when arriving at the projections, we will always
tend to underestimate revenues and overestimate expenditures at this time of year. When the
third quarter report is prepared, we will have a much better indication of what the actual
revenues and expenditures for the year will be.
The adopted budget included $637,723 more in estimated revenues and transfers-in than
appropriations. As of December 31,1997, Council had approved supplemental appropriations
totaling $170,999 more than estimated revenues. In summary, as of December 31, 1997 the
amended budget contemplated increasing reserves by $466,724, Refer to Schedule A for the
detail of the supplemental budget items to be funded from reserves,
ADOPTED AMENDED PROJECTED
BUDGET BUDGET ACTUAL VARIANCE
Revenues/ $63,806,588 $64,806,371 $63,675,235 ($1 ,131,137)
Transfers-In
Expenditures/ ($63,168,865) ($64,339,647) ($63,253,456) $1,086,191
Transfers-Out
TOTAL $ 637,723 $ 466,724 $ 421,779 ($ 44,946)
//'3
2
The overall projection as of December 31, 1997 anticipates that the aggregate sources of
funds (revenues and transfers-in) will exceed the aggregate uses of funds (expenditures and
transfers-out) by approximately $421,779, thereby increasing Available Fund Balance by that
amount. (Included in this estimation is anticipated expenditure savings of $1,086,1 91,These
savings are included only because they were identified by departments specifically as an offset
to reimbursement revenue shortfalls included in this report,)
However, during the Third Quarter, which is not reflected in this report, $1,086,484 was
appropriated for salary adjustments. The City also typically realizes departmental expenditure
savings of $1-$3 million which are not yet included in this analysis, If these are as significant
as in past years and revenues come in at the level currently projected, optimistically, a
balanced budget is possible. If, however, as yet unidentified departmental savings do not
materialize at the levels of past years, the General Fund Balance would be reduced by
$664,705 as a result of FY98 operations. The Third Quarter Report will include refined
revenue estimates as well as comprehensive departmental expenditure savings estimates.
REVENUESITRANSFERS-IN
Actual revenues are projected to be less than budget estimates by approximately $1,131,137
or (1.7%). This negative variance is the result of numerous positive and negative variances
in various revenue accounts, The majority of the shortfall is attributed to negative variances
in reimbursements for development agreements and capital improvement projects and the
decision to retain franchise fees for cable television at the current levels. Offsetting these
negative variances are positive variances in major ongoing general revenues, specifically Sales
Tax Revenues and Property Tax Revenues, which are projected to exceed budget estimates
by approximately $600,000 or 4.5% and $212,000 or 2.5%, respectively. This is a positive
sign reflecting an overall improvement in the economy and continued development and growth
in all economic sectors. The explanations for all significant projected shortfalls are included
in the narrative following Schedule C.
EX PEN DITU RES/TRANSFE RS -0 UT
As mentioned previously, expenditures and transfers-out are projected to be less than budget
estimates by approximately $1,086,191, These savings are included only because they were
identified by departments specifically as an offset to reimbursement revenue shortfalls included
in this report. These expenditure savings are the result of delays in hiring staff in the
development and police departments which costs were to be offset by reimbursement
revenues. In order to ensure these projected savings are not expended for other purposes
administrative encumbrances will be placed on these budgets,
With two exceptions, all departments are projecting to be able to manage within their allotted
budget, The Fire and Police Departments have identified potential over expenditures in the
overtime area which at this time they believe they will not be able to cover within budgetary
savings and will require additional appropriations or transfers of savings from other
departments. The Fire Department is currently projecting to overspend their allotted budget
by $150,000-200,000 because excessive illnesses and vacancies have required them to use
j/- '/
3
more overtime than usual to meet minimum staffing requirements. The Police Department is
projecting to overspend their allotted budget by $24,000 due to required hard holiday overtime
pay being underbudgeted. These projected over expenditures are not reflected in the summary
since it is likely they would be offset by savings in other departments which are yet to be
identified, We will work with these departments to closely monitor the situation and, as
necessary, return to Council with recommendations for appropriation transfers from other
departments or additional appropriations from reserves, The Third Quarter Report will include
a comprehensive review of departmental expenditure savings estimates.
,,/'
/j---}:J
Schedule A
GENERAL FUND BUDGET AMENDMENTS
Fiscal Year 1997-98 as of December 31,1997
This schedule includes only those additional net appropriations approved by Council since the
original budget was adopted which are not funded by specific unanticipated or over-realized
revenues:
Additional
ADDroDriations
Preparation and submission of Economic Development grant application to HUD (200)
Application fees for tax-exempt status of the Chula Vista Veterans Home Support
Foundation 1,000
Implementation of the Middle School Program 17,492
Salary of Additional crossing guard at the Broadway and Flower 51. intersection 3,000
1 additional Police Agent salaries, benefits and equipment (293)
Settlement of Jones Intercable suit against the city 1QQ..QQQ
Year to Date Total Through December 31,1997 illi.m
/J--¡j,
Schedule B
GENERAL FUND REVENUES
Summary by Revenue Category
Fiscal Year 1997-98 as of December 31, 1997
AMENDED ACTUAL PERCENT
BUDGET TO DATE REALIZED
Property Taxes $8,612,000 $4,077,063 47,3%
Other Local Taxes
Sales 13,603,900 3,380,617 24,9%
Franchise 2,585,890 399,988 15,5%
Transient Lodging Tax 1,425,000 502,365 35,3%
Utility Users Tax 2,807,000 1,044,988 37,2%
Business License Tax 740,000 89,565 12,1%
Other 250,000 129,598 51.8%
Total Other Local Taxes 21,411,790 5,547,121 25.9%
Licenses & Permits
Building, Plumbing Electrical, Housing 1,826,885 782,339 42,8%
Other 222,900 98,820 44,3%
Total Licenses and Permits 2,049,785 881,159 43,0%
Fines Forfeitures & Penalties 627,220 265,890 42,4%
Revenue from Use of Money & Property 984,307 477,519 48,5%
Revenue from Other Agencies
State Motor Vehicle License Fee 6,100,000 2,408,868 39,5%
Other 4,113,311 396,880 9,6%
Total Revenue from Other Agencies 10,213,311 2,805,748 27,5%
Charges for Current Services
Development Related Services 2,287,157 1,095,006 47.9%
Other Police, P&R & Misc Charges 1,023,313 370,752 36,2%
Total Charges for Current Services 3,310,470 1,465,757 44,3%
Other Revenues
Reimbursement from Large Development Proj 1,377,521 115,465 8,4%
Reimbursement" Redevelopment Agency 1,647,900 371,705 22,6%
Other Reimbursements 7,789,999 1,439,726 18,5%
BECA Revenues 974,601 20,135 2,1%
Other 582,550 310,512 53,3%
Total Other Revenues 12,372,571 2,257,543 18,2%
TOTAL REVENUES 59,581,453 17,777,800 29,8%
TOTAL TRANSFERS IN 5,224,918 (1) 1,271,438 (1) 24,3%
TOTAL REVENUES AND TRANSFERS IN $64,806,371 $19,049,238 29,4%
(1) Includes $281,363 loan repaymenl from Otay Valley.
10-Feb-98 //-7
Schedule C
GENERAL FUND REVENUES
Fiscal Year Projections Compared to Budget
Fiscal Year 1997-98 as of December 31, 1997
AMENDED PROJECTED PROJECTED
BUDGET ACTUAL VARIANCE
Property Taxes $8,612,000 $8,824,000 $212,000
Other Local Taxes
Sales 13,603,900 14,203,900 600,000
Franchise 2,585,890 2,285,890 (300,000)
Transient Lodging Tax 1,425,000 1,445,000 20,000
Utility Users Tax 2,807,000 2,807,000 0
Business License Tax 740,000 740,000 0
Other 250,000 350,000 100,000
Total Other Local Taxes 21,411,790 21,831,790 420,000
Licenses & Permits
Building, Plumbing Electrical, Housing 1,826,885 1,836,000 9,115
Other 222,900 215,900 (7,000)
Total Licenses and Permits 2,049,785 2,051,900 2,115
Fines Forfeitures & Penalties 627,220 611,530 (15,690)
Revenue from Use of Money & Property 984,307 1,118,724 134,417
Revenue from Other Agencies
State Motor Vehicle License Fee 6,100,000 6,200,000 100,000
Other 4,113,311 3,276,988 (836,323)
Total Revenue from Other Agencies 10,213,311 9,476,988 (736,323)
Charges for Current Services
Development Related Services 2,287,157 2,397,327 110,170
Other Police, P&R & Mise Charges 1,023,313 798,315 (224,998)
Total Charges for Current Services 3,310,470 3,195,642 (114,828)
Other Revenues
Reimbursement from Large Development Proj 1,833,178 1,164,000 (669,178)
Reimbursement - Redevelopment Agency 1,647,900 1,647,900 0
Other Reimbursements 7,334,342 6,682,125 (652,217)
BECA Revenues 974,601 974,745 144
Other 582,550 966,296 383,746
Total Other Revenues 12,372,571 11,435,066 (937,505)
TOTAL REVENUES 59,581,453 58,545,640 (1,035,814)
TOTAL TRANSFERS IN 5,224,918 (1) 5,129,595 (1) (95,323)
TOTAL REVENUES AND TRANSFERS IN $64,806,371 $63,675,235 ($1,131,137)
(1) Includes $281,363 loan repayment from Otay Valley-
12-Feb-98 /)-y
Schedule C
SUMMARY OF VARIANCE ANALYSIS
Fiscal Year 1997-98 as of December, 31,1997
REVENUES
Overall, actual revenues are projected to fall short of budget estimates by $1,131,137
primarily due to negative variances in police grant revenues and delays in signing major
development staffing agreements and the resultant delays in hiring staff, However this
variance will be offset by reduced expenditures in these areas which are estimated at
$1,086,191; resulting in a net negative variance of $44,946, The good news is the long
awaited improvement in the major general revenue categories, including property tax,
sales tax and motor vehicle license fees which are showing higher than anticipated
growth, This is discussed in detail below.
ProDerty Taxes - Projected revenue $8,824,000, variance $212,000, 2,5%
Chula Vista continues to experience a growth in it's property tax base. In Fiscal Year
97/98, it is anticipated that property tax revenues will be 5.8% greater than in Fiscal
Year 96/97.
Sales Taxes - Projected revenue $14,203,900, variance $600,000, 4,5%
Sales tax revenues are exceeding budgeted projections due to an overall improvement
in the economy and an expanding retail base. Sales taxes are projected at 7,1 %
greater than in the previous fiscal year.
Franchise Taxes Transient Occupancv Tax Utilitv Users Taxes Business License Tax
and Real ProDerty Transfer Tax - Projected revenue $7,627,890, variance ($180,000),
(2.3%)
Cox Cable franchise fees were not increased as anticipated in the adopted budget
resulting in a variance of ($300,000) or (11.6%) less than budgeted, Transient
Occupancy Taxes are projected to be $20,000 (1.4%) more than budgeted. Real
Property Transfer Tax is reflecting a variance of $100,000 or a 40% increase from
budgeted level.
Licenses & Permits - Projected revenue $2,051,900, variance $2,115, 0.1 %
Overall Licenses & Permits reflect both positive and negative variances from budget.
These accounts offset each other resulting in an overall small variance from budget.
Licenses & Permits revenue is anticipated to be 3,9% more than the previous fiscal
year, reflecting continued growth in development and building permit activities,
//---'j
Fines, Forfeitures & Penalties - Projected revenue $611,530, variance ($15,690),
(2.5%)
Overall, the accounts within this category reflect small variances, Further analysis will
be provided in the Third Quarter Report.
Revenue From Use of Monev & ProDerty - Projected revenue $1,118,724, variance
$134,417,13.7%.
As a result of a higher balance in the Tax and Revenue Anticipation Note Program,
investment earnings are projected to be $190,200 higher than budget estimates, The
lease of city-owned properties for cellular phone antennas was projected to generate
$30,000 in revenues during fiscal year 97/98. It appears these leases will not be
secured this fiscal year resulting in a projected variance of ($30,000),
Revenue From Other Agencies - Projected revenue $9,476,988, variance ($736,323),
(7.2%)
State Motor Vehicle License Fees are projected to exceed budgeted estimates by
$100,000. The majority of other revenues are projected to be close to budget estimates
with the exception of law enforcement grant reimbursements which are projected at a
variance of ($789,464). Since the vast majority of this reduction is due to the delay in
hiring staff and purchasing capital under these grants, this variance will be offset by
$751,602 in expenditure savings, resulting in a net variance of ($37,862). Port District
Reimbursements are projected at a variance of ($75,729) as a result of optimistic
budget estimates.
Charges for Current Services - Projected revenue $3,195,642, variance ($114,828),
(3.5%).
This variance consists of both negative and positive variances within several accounts.
The $110,170 positive variance in Development Related Services revenues reflect
higher than expected subdivision fees resulting from increased permit activity. Major
components of the negative variance in revenues for Other Charges are a $130,000
projected shortfall in entertainment facility contributions due to the delay in opening the
MCA Amphitheater until Summer of 1998 and a $32,000 shortfall from the termination
of the Imperial Beach Animal Shelter contract. The remainder of the shortfall is spread
over numerous accounts and is the result of optimistic budget estimates or decreased
demand for services in a variety of areas.
Other Revenues - Projected revenue $10,822,121, variance ($937,505), (8,7%)
This category includes several significant revenue accounts with negative and positive
/ / -)0
variances, Developer Fee Reimbursements are estimated at a variance of ($669,178)
due to delays in signing development staff agreements and slower than anticipated
progress on major development projects. These revenue losses should be, at a
minimum, offset by expenditure savings of $334,589 since the hiring of new staff
related to these development agreements was significantly delayed in the Planning,
Engineering, and Parks and Recreation Departments, The major contributor to the
negative variance in Other Reimbursement revenue is a projected shortfall of
($428,767) in the Capital Improvement Reimbursements account due to slower than
anticipated progress on various projects - only three projects have reached the bidding
phase this year as opposed to eleven last year, The remainder of the shortfall in this
category is due to numerous accounts having small negative variances due to actual
workload on various reimbursable programs being less than anticipated during the
budget process. The positive variance in other revenues reflects the $381,000 of
unbudgeted revenue that is anticipated to be realized this year for the sale of Marina
View Park.
//- J/
Schedule D
GENERAL FUND EXPENDITURES
Summary by Department
Fiscal Year 1997-98 as of December 31, 1997
Amended Expenditures Outstanding Available Percent
Department Budget To Date Encumbrances Balance Available
105 City Council $407,652 $170,741 $971 $235,941 57.9%
110 Boards and Commissions 49,583 10,402 12,324 26,857 54.2%
129 Community Promotions 264,487 125,554 44,186 94,747 35.8%
150 City Attomey 893,623 385,039 24,055 484,528 54.2%
160 City Clerk 232,538 87,823 6,605 138,110 59.4%
210 Administration 895,265 419,400 25,509 450,356 50.3%
211 Mgmt & Infonnation Services 758,743 351,241 29,096 378,406 49.9%
245 Human Resources 834,145 373,351 4,264 456,530 54.7%
260 Community Development 2,169,798 805,177 121,217 1,243,404 57.3%
400 Finance 1,496,765 664,641 23,581 808,543 54.0%
600 Planning 1,760,026 733,615 1,386 1,025,025 58.2%
700 Insurance 960,946 659,576 18,496 282,874 29.4%
730 Non-Departmental 2,433,078 890,245 44,318 1,498,515 61.6%
1000 Police 21,578,720 9,427,638 287,835 11,863,247 55.0%
1200 Fire 7,636,620 3,628,741 23,943 3,983,936 52.2%
1300 Building & Housing 1,012,108 490,350 15,413 506,345 50.0%
1400 Public Works 11,562,754 4,964,773 370,547 6,227,434 53.9%
1500 Parks & Recreation 5,496,463 2,587,184 93,968 2,815,311 51.2%
1700 Library 3,896,334 1,740,257 212,895 1,943,182 49.9%
TOTAL EXPEND. & TRANSFERS OUT $64,339,647 $28,515,748 $1 ,360,607 $34,463,292 53,6%
M:\DA T A\REVMGR\98Q2EXP. WB1 //-/;2,
Schedule E
BUDGET TRANSFERS APPROVED BY ADMINISTRATION
October 1, 1997 through December 31,1997
Fund
DeDartment Amount
General Fund
Police $1,395.36
From: Lab Supplies
To: Other Equipment
To purchase a printer so evidence/property labels can be produced in-house rather than
purchased; for long-term cost savings.
General Fund
Police - Animal Shelter $14,000,00
From: Wages
To: Professional Services ($8,000)
Medical and Laboratory Supplies ($4,500)
Food Products ($2,000)
To utilize salary savings to cover increases in animal care and medical treatment costs resulting
ftom increased level of animal care and increased lengths of animal stays to improve adoption
rates.
Sewer Service Fund
Public Works $3,547.13
From: Other Specialized Services
To: Computer Equipment
To purchase a computer for a new position.
/J ~ ) 3
COUNCIL AGENDA STATEMENT
Item J;2
Meeting Date ~
ITEM TITLE: Public Hearing: PCC 98-11; Request for a Conditional Use Permit for a
small school emolling a maximum of 25 students with educational needs
and utilizing existing classroom/church facilities located at the northeast
comer of East "J" Street and Paseo del Rey (795 East "J" Street) , within
the PC Zone- Advocate Schools
Resolution No. / 3"9~~SOIUtion of the City Council of the City of
Chula Vista Adopting a Negative Declaration IS 98-15 and Granting A
Conditional Use Permit, PCC 98-11, To Allow the Establishment of a
Small School For Students With Special Educational Needs Within Three
Classrooms of a Existing Church Facility Located at the Northeast Corner
of East "J" Street and Paseo Del Rey.
SUBMITTED BY: Director of Planning ;l1t t.
REVIEWED BY: C;~ M="'.JG r$ (4/5ths Vote: Yes_No...K.)
BACKGROUND:
The adoption of the Ranchero SPA plan in 1980 set forth specific land use regulations and
designations for property located within the SPA boundaries, Included in that property was a 9.66
acre lot located at the northeast comer of East" 1" Street and Paseo del Rey, which was designated
for church facilities (see attachment "3 "). Approximately 2.6 acres of the site closest to the
intersection are currently developed with a church and associated classrooms/office space. The
Evangelical Free Church currently occupies the site and church facility.
The applicant desires to lease out three existing classroom facilities to conduct a small school
(maximum 25 students) which is not related to the existing church. The focus of the school will
be to provide instruction for children with special educational needs. Because a school is
considered a public/quasi public use, it requires City Council approval of a Conditional Use
Permit.
An Initial Study, IS 98-15, of possible significant environmental impacts has been conducted by
the Environmental Review Coordinator. A finding of no significant impact has been made per
the provisions of the California Environmental Quality Act (CEQA).
/;2.-/
Page 2, Item:-
Meeting Date: 2/24/98
RECOMMENDATION:
That the City Council adopt the resolution approving the Conditional Use Permit, along with the
Negative Declaration Issued for IS 98-15.
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission considered this proposal on February 11, 1998 and voted 6-0 (one
abstention) to approve a resolution proposed by staff recommending that the City Council adopt
the Resolution approving the project, including adoption of Negative Declaration for IS 98-15.
DISCUSSION:
Site Characteristics
The project site consists of 9,63 acre parcel located at the northeast comer of East "1" Street and
Paseo del Rey. A portion of this parcel (approximately 2.6 acres) is currently developed with a
church and associated classrooms, The remaining portion is designated as an open space easement.
Land uses surrounding the existing church facility include undeveloped open space to the north,
existing single-family residential to the east and west and a preschool (La Petite Academy) to the
south.
General Plan Zonin!! and Land Use
General Plan Zonin~(SPA Desi~) Existin~ Land Use
Site Open Space PC(Church/Open Space) Church/classrooms/open space
North Open Space PC(Open Space) Open Space
South Res. (3-6 DUlAC). PC (Commercial/Single Preschool
Family Couplet)
East Res, (3-6 DU/AC). PC(Single FamilyDetach,) Single-Family Res,
West Res. (3-6 DU/AC), PC(Single Family Detach.) Single-Family Res.
~
The proposed school will be small in nature, It will start with approximately 8 students who have
been identified by the local school district as having special, non-violent educational needs. It is
anticipated that the school will eventually grow to a maximwn of 25 students and a maximum of
12 employees, These employees will consist of one campus director, three teachers, three
teachers-aides, one secretary, three counselor driving staff and one therapist.
/2---.2-
Page 3, Item:-
Meeting Date: 2/24/98
ANALYSIS:
Land Use Com,patibility
Students attending the proposed Advocate School will be chosen by the Sweetwater Union High
School District based upon the presence of special educational needs. Students requiring this
special type of educational setting usually have a history of non-violent emotional problems which
has impaired their ability to learn at the pace of students attending regular public schools. These
are not students who have the history of violence or mental illness, nor do they require residential
placement or juvenile detention. It is the goal of Advocate School to work with the children
therapeutically so they may return to public school rather than attend continuation school or be
placed in a residential facility. The program is intense, designed to catch the student up if they are
behind their grade level academically and teach the children effective behavioral skills for their
return to public school. Children are supervised at all times.
The La Petite Academy (preschool) across the street has been contacted and has expressed no
concerns over the establishment of Advocate School at the proposed location. Residents of the
area have also been notified and have expressed no concern over the proposed use at this location.
There is a 20-40 ft high slope bank separating the church property from the existing residents to
the east.
Tenant Compatibility
The applicant proposes to utilize three existing classrooms during weekday hours when church
activities are not in session for a small school for students with special educational needs for up
to twenty-five students. Hours of operation will be 8 a.m. to 2 p.m. Monday thru Friday for
students and 8 a.m, to 4 p.m, Monday thru Friday for staff, While other classrooms may be used
by certain groups or leased out to other groups during these hours, it is anticipated there will be
no uses which will be incompatible with or conflict with the operation of the Advocate School.
To further insure no conflict will occur between the school and any future outside (non-church
related) uses of adjacent classrooms, the church, as a condition of approval, will be required to
contact the Planning Department to discuss future tenants being considered for adjacent classroom
areas during hours of operation of the Advocate School.
~
All activities (including lunch) will take place within the existing classrooms. The one exception
will be P.E, (physical Education) activities which will utilize existing outdoor basketball courts
and other recreational amenities currently on-site,
/;<-3
Page 4, Item:-
Meeting Date: 2/24/98
CONCLUSION
Based upon the above reasons, staff recommends the City Council adopt the project as
recommended by the Planning Commission,
FISCAL IMPACT: None. All fees were paid by the applicant for the processing of this
Conditional Use Permit.
Attachment. .
1. Council8fdimmee ¡('é-StfJ.pno"'/
2. Draft Planning Commission Minutes and Unsigned Planning Commission Resolution NOT SCANNED
3. Locator Map
4. Site Plan
(H:, ,jeffl ccrpt\advocate
/02-1
RESOLUTION NO. 18908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING NEGATIVE DECLARATION IS-98-15 AND GRANTING
A CONDITIONAL USE PERMIT, PCC-98-11, TO ALLOW THE
ESTABLISHMENT OF A SMALL SCHOOL FOR STUDENTS WITH
SPECIAL EDUCATIONAL NEEDS WITHIN THREE CLASSROOMS OF AN
EXISTING CHURCH FACILITY LOCATED AT THE NORTHEAST CORNER
OF EAST "J" STREET AND PASEO DEL REY
I. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and for the purpose of general description herein, the Project
consists of the use of three classrooms of a church facility, located at the northeast
corner of East "]" Street and Paseo del Rey ("Project site").
B. Project Applicant
WHEREAS, on November 7, 1997 a duly verified application for a conditional use
permit (PCC-98-1l) with respect to the Project Site was filed with the city of Chula
Vista Planning Department by Advocate Schools ("Applicant"); and
C. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to operate a small school for special
education students within three existing classrooms ("Project") located on the Project
Site; and
D. Environmental Determination
WHEREAS, in accordance with the requirements of CEQA, the Environmental
Review Coordinator has determined that the Project requires the preparation of an
Initial Study, such study (IS 98-15) was prepared, and based on such study a
Negative Declaration was prepared and circulated for public review; and
E, Resource Conservation Commission Record on Application
WHEREAS, the Resource Conservation Commission considered the Negative
Declaration based on IS 98-15 on February 2, 1998 and voted 4-0-2-1; and
F. Planning Commission Record on Application
/;2 ~~~
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on February 11, 1998 and voted 6-0-0-1 adopting Resolution PCC-98-11
recommending that the City Council adopted Negative Declaration IS-98-15, and
approved Conditional Use Permit PCC-98-11; and
G. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held before
the City Council of the City of Chula Vista on February 24, 1998 to receive the
recommendation of the RCC and Planning Commission, and to hear public testimony
with regard to the same,
II, PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning Commission
at their public hearing on this Project held on February 11, 1998 and the minutes and
resolution resulting therefrom, are hereby incorporated into the record of this proceeding.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and
resolve as follows:
III, COMPLIANCE WITH CEQA
In accordance with the requirements of CEQA, the City Council hereby adopts the Negative
Declaration issued on IS-98-15.
IV. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by the
City's rules and regulations for the issuance of conditional use permits, as hereinbelow set
forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in
the record, that permits the stated findings to be made.
A. That the proposed use at the location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
The proposed project is desirable in that the school will provide an educational facility for
students with special educational needs which facility would not otherwise be easily accessible
to residents of Chula Vista.
B. That such use will not under the circumstances of the particular case, be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The Project use will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinity or injurious to property or improvements in the vicinity
J~ -;;
Resolution No.- Page No.3
based upon the evidence of IS-98-1S and as conditioned hereunder, The proposed use is
consistent with surrounding land uses, and adequate infrastructure is in place, The operation
of the project is such that traffic going to or coming from the school will be minimal; thus
the project will not cause congested roadways.
C. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The proposed Project must comply with all conditions of approval of PCC-98-11.
D, That the granting of this conditional use permit will not adversely affect the general
plan of the City or the adopted plan of any government agency.
The Project conforms to all elements of the General Plan and other adopted plans affecting
the Project Site and therefore will not have an adverse impact thereon, Furthermore, the
Project is proposed to be operated on an already developed site, with easy access to public
facilities (water, sewer, public roadways etc).
V, TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-98-11 subject to the following
conditions whereby the Applicant Shall:
A. Ensure that the proposal complies with the use outlined in the application and material
submitted therewith including, but not limited to the following:
1. Enrollment in the school is limited to a maximum of twenty-five students at anyone
time, Maximum number of employees shall be twelve.
2. School hours shall be limited to Monday thru Friday 8:00 a.m. to 2:00 p.m, for
students and Monday thru Friday from 8:00 a.m. to 4:00 p.m. for employees,
3. Other additional activities on the Project Site during the same hours as the operation
of the school may be subject to prior approval by the City.
4. Comply with all state licensing and certification requirements and all codes and
requirements of the City of Chula Vista and Sweetwater High School District.
B. Any change to the operational profile of this Project or any request for an expansion of the
use as described herein shall require approval of a modification by the City Council of this
Conditional Use Permit and or the Negative Declaration, and may result in additional
conditions of approval and/or mitigation measures.
).2 .-. ?
Resolution No.- Page No.4
C, Operate the Project as submitted to and approved by the City Council, except as modified
herein and/or as required by the Municipal Code, and as detailed in the project description,
D. Operate the Project in accordance with all standards and policies of the Sweetwater Union
High School District.
E. Comply with all federal, state and local laws, regulations, permits, City ordinances,
standards, and policies except as otherwise provided in this Resolution.
F. This conditional use permit shall become void and ineffective if not utilized or extended
within one year from the effective date thereof, in accordance with Section 19.14.260 of the
Municipal Code.
G. This permit shall be subject to any new and all new, modified or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to health,
safety, or welfare which the City shall impose after advance written notice to the Permittee
and after the City has given to the Permittee the right to be heard with regard thereto.
However, the City, in exercising this reserved right/condition, may not impose a substantial
expense or deprive Permittee of a substantial revenue sources which the Permittee cannot,
in the normal operation of the use permitted, be expected to economically recover..
E, EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
Applicant shall execute and have notarized the attached Agreement (Attachment" A"), indicating the
Applicant has read, understands and agrees to the conditions of approval contained herein, and will
implement same,
VI. INDEMNIFICATION/HOLD HARMLESS
Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City ,
its Council members, officers, employees, agents and representatives, from and against any and all
liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees
(collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's
approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other
permit or action, whether discretionary or non-discretionary, in connection with the use contemplated
herein, and II:> Applicant's installation and operation of the facility permitted hereby.
Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement
of this Conditional Use Permit where indicated, Applicant's/operator's compliance with this
provision is an express condition of this Conditional Use Permit and this provision shall be binding
on any and all Applicant's/operator's successors and assigns.
VII. NOTICE OF DETERMINATION
);¿ -~
Resolution No.- Page No.5
The City Council directs the Environmental Review Coordinator to post a Notice of Determination
and file the same with the City Clerk.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition 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 and the permit
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
~ 'll€n~ ~~
Robert Leiter John M. Kaheny
Director of Planning City Attorney
):2 -~
MINUTES OF A SPECIAL MEETING
OF THE CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
7:05p,m, Public Services Building
Wednesday, February 11, 1998 276 Fourth Avenue, Chula Vista
ROLL CALU MOTIONS TO EXCUSE:
Present: Vice Chair Willett, Commissioners: Aguilar, Tarantino, Thomas, and O'Neill
Absent: Chair Davis and Commissioner Ray
Staff Present: Ken Lee, Acting Planning Director
Patty Nevins, Acting Associate Planner
Jeff Steichen, Assistant Planner
Ann Moore, Assistant City Attorney
MSC (AguilarlTarantino) (5-0-0-2) to excuse Chair Davis and Commissioner Ray, Motion
carried,
Chair Davis arrived at 7:20 and Commissioner Ray arrived at 7:30,
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Vice Chair Willett,
APPROVAL OF MINUTES: December 10, 1997 and January 14, 1998
MSC (O'Neill/Thomas) (5-0-02) to approve minutes of December 10, 1997 as submitted,
Motion carried.
MSC (Tarantino/Thomas) (4-0-1-2) to approve minutes of January 14, 1998 as submitted,
Motion carried, with Commissioner O'Neill abstaining.
ORAL COMMUNICATIONS: None
1. PUBLIC HEARING: PCC-98-11; Request for a Conditional Use Permit for a small
school enrolling a maximum of 25 students with educational
needs and utilizing existing classroom/church facilities located
at the northeast corner of East J Street and Paseo del Rey (795
East J Street), within the PC Zone - Advocate Schools,
Background: Jeff Steichen, Assistant Planner, reported that the applicant, Advocate Schools,
filed an application for a Conditional Use Permit for a small school enrolling a maximum of 25
students with educational needs, utilizing three existing classrooms of the Evangelical Free
Church located at the northeast corner of East J Street and Paseo Del Rey. The school would
serve children with special, non-violent, educational needs,
/.2 -/0
Planning Commission Minutes - 2 - February 11, 1998
Land uses surrounding the existing church facility include undeveloped open space to the
north, existing single-family residential 10 the east and west, and a preschool (La Petite
Academy) to the south. Proper noticing was mailed to the surrounding area and no opposition
has been voiced thusfar,
Although the CUP is for a maximum of three classrooms serving 25 students, the applicant is
proposing to start out with one classroom, serving approximately eight (8) students who would
be selected by the Sweetwater Union High School District.
All activities, including lunch, will take place within the existing classrooms, except during
supervised physical education period, which would utilize the existing basketball court and
play areas.
Staff Recommendation: That the Planning Commission adopt the Negative Declaration issued
for IS-98-15 and adopt Resolution PCC-98-11 recommending that the City Council approve the
requested Conditional Use Permit for a small school enrolling a maximum of 25 students with
special educaiton needs at 795 East J Street.
Commission Discussion:
. Commissioner O'Neill asked if the applicant is a profit or non-profit entity.
Mr. Steichen responded that it is a private profit school that has been contracted by the
Sweetwater Union High School District who will be leasing the existing church
facilities.
. Commissioner Tarantino asked if these special needs included children with physical
challenges or if it is part of the alternative education program.
Mr, Steichen stated these children did not have physical challenges, but rather, learning
disabilities, He further stated that the school's objective is to help students reach their
academic grade level and then mainstream them back into the traditional school
setting.
. Commissioner Thomas asked if there was a time limit on this project. In addition, he
stated that while driving by the site, he noticed illegal signage and banners for
advertizing and asked if there was anything being done to correct this.
Ken Lee, Assistant Director of Planning, stated there was no time limit, and the
Commission would not review this again unless there is a change to the terms the
applicant is currently proposing, however, the Commission could set a review period
and staff can report back,
/2 ~/ /
Planning Commission Minutes - 3 - February 11, 1998
Mr. Lee stated he was aware of the sign violation at this site, as in many others
throughout the City, andb they are being handled by Code Enforcement. The applicant
has been made aware of the banner violation and the City will follow up with a letter
to that effect.
Public Hearing Opened at 7:18.
Douglas Whitmore, 555 Trailridge Drive, Bonita, CA 91902 addressed the Commission on
behalf of the church and stated they were not aware that the banners were in violation of the
sign ordinance and stated that their intent is to abide by the code and laws, Having said that,
Mr. Whitmore passed out a letter from the church, explaining the type of banners and the
purpose for which the church utilizes them. Mr. Whitmore further stated that there was no
involvement by the applicant, Advocate Schools, with the banners that have gone up.
Wanda Driscoll, CommunityResources Director for Advocate Schools, stated that Advocate
Schools has 22 school throughout Southern California and only go into an area when the
school district invites them because their exists a need that the school district cannot meet. At
the present time there are 400 students from the SUHSD who are home schooled because they
have been unsuccessful in the public school setting. Ms. Driscoll indicated that it appears that
the traditional school setting does not seem to meet the needs of students who require a more
individualized educational program, particularly those with learning disabilities. In addition,
if the parent feels that their child's needs are not being met by the public schools, according
to Federal law, they are allowed to seek other options.
Public Hearing Closed at 7:25,
Commissioner O'Neill stated he supported the school concept, however, he has concern with
a profit operation paying rent to a non-profit organization,
Ann Moore, Assistant City Attorney responded that it was not up to the City to make inquiry
on the non-profit agency renting out for profit to a profit agency, The non-profit agency would
need to have their attorney or their advisors discuss with them the implications that may be
involved with renting out for profit to a profit agency. The matter before the Planning
Commission is the land use for the CUP.
Commissioner O'Neill clarified that, in his opinion, their ability to rent out for profit to a profit
agency defeats their non-profit status and puts them in direct competition with a profit status
agency who is on the tax rolls
Chair Davis asked the Assistant City Attorney if, after having read the report and having heard
enough of the public testimony, she could vote on this item.
Assistant City Attorney responded that she would be able to vote on this item.
Commissioner Ray also asked the Assistant City Attorney if, after having read the report, but
J;2 --J:2-
Planning Commission Minutes - 4 - February 11, 1998
not having heard the public testimony, he would be able to vote on this item,
Ms. Moore responded that not having heard the public testimony, he should abstain from
voting on this item,
MSC (ThomaslTarantino) (6-0-1) to adopt the Negative Declaration issued for 15-98-15 and
adopt Resolution PCC-98-11 recommending that the City Council approve the requested
Conditional Use Permit for a small school enrolling a maximum of 25 students with special
educaiton needs at 795 East J Street. Motion carried.
/';¿~/3
RESOLUTION NO. PCC-98-11
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW
THE ESTABLISHMENT OF A SMALL SCHOOL FOR STUDENTS WITH SPECIAL
EDUCATIONAL NEEDS WITHIN THREE CLASSROOMS OF AN EXISTING
CHURCH FACILITY LOCATED AT THE NORTHEAST CORNER OF EAST 'J'
STREET AND PASEO DEL REY.
WHEREAS, a duly verified application for a conditional use permit November 7, 1997 by Advocate
Schools; and,
WHEREAS, said application requests approval of a small school for students with special educational
needs to be conducted witliin three existing classrooms located at an existing church facility at 795 East "J"
Street; and
WHEREAS, tlie Environmental Review Coordinator has determined that the proposed project will have
no negative impact and tliat a Negative Declaration (IS-98-15) shall be issued under CEQA;
WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit
application and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the city and its mailing to property owners and residents within 300 feet of tlie
exterior boundaries of tlie property at least 20 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely February 11, 1998 at
7:00 p.m. in tlie Council Chambers, 276 Fourth Avenue, before tlie Planning Commission and said hearing
was tliereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at
tlie public hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that tlie City Council approve Conditional Use Permit PCC-98-ll in accordance with the findings
and subject to the conditions contained in the attached City Council Ordinance.
BE IT FURTHER RESOLVED THAT a copy of tliis resolution be transmitted to tlie City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 11tli day of February, 1998, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Frank A. Tarantino, Chair
ATTEST:
Diana Vargas, Secretary /;¿ -/(
EAST "H" STREET
CH U LA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT Lynn Smith PROJECT OESCRIPTION:
C9 APPLICANT Advocale Schools CONDITIONAL USE PERMIT
PROJECT 795 East "J" Street Request: Proposal to operate a weekday non-public school for up
ADDRESS: to 25 students while church continues n's operation,
SCALE: I FILE NUMeER:
NORTH No Scale PCC-98-11
h:\home\planning\carlos~ocators\pcc9811.cdr 2/18/98 /~-7P'
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SIGN LICENSING AGREEMENT
THE CITY OF OCEANSIDE,herinafter"City", HEREBY GRANTS this
day of October 1997, to Signs of Support, LLC, 406 North Clementine, Oceanside,
California 92054, hereinafter "Licensee", a license to install advertising signs on non-
emergency City vehicles under the following conditions:
1. Tenn Of License, The tern of this license shall commence on the date listed
above and shall continue in full force and effect for a period of one year, At the conclusion
of this one year period, the agreement shall continue on a month-by-month basis until
tenninated by either party. .
2, Materials And SuDDlies, Licensee shall be responsible for furnishing all materials
for installing the advertising signs on vehicles designated by the City for such purposes,
The signs shall be constructed of steel, non-reflective material and mounted with adhesive
tape directly to the tail gate, with pop rivets, if required, Signs shall be installed so as not to
damage or alter the paint on City vehicles, be easily removable &om such vehicles and
maintained in good condition. Licensee shall be responsible for the repair of any vehicle
discolored or damaged in any way by any sign,
3, Prior ADDroval, Licensee shall submit for approval all proposed signs to the
Community Services Department prior to their installation on any City vehicle,
Advertisements shall be limited to businesses located in the City of Oceanside with a
CUITent City business license,
4, Tennination Of License, This license may be tenninated by the City or Licensee
by the giving of a thirty (30) day written notice, If the effective tennination date is other
than the end of a calendar month, City shall be compensated on a prorated basis based on
the number of days in the month until termination,
5, PavmentFor Advertisinl!, The licensee shall pay the City 40% of gross monthly
revenue, per sign installed, on the fITst one hundred (100) City vehicles and 45% of gross on
any additional vehicles, Signs will not be sold for less than $80,00 per vehicle, per month,
Payment shall be made to the City of Oceanside by the fifteenth (15th) of each month
beginning forty-five (45) days after sign installation, Licensee shall retain full and complete
books of account documenting payments received for advertising and percentage payments
to the City based on such receipts, City shall have the right to inspect such books on
request.
6, Hold Hannless And Indemnification, Licensee agrees to indemnify and hold
hannless, the City, its officers, agents and employees from and against any and all claims,
IL/cv-Lj
(2)
demands, losses, defense costs or liability of any kind or nature which the City, its officers,
agents and employees may sustain or incur or which may be imposed upon them for injury
to or to death of persons, or damage to property as a result of, arising out of, or in any
manner connected with Licensee's perfonnance under the tenns of this license, excepting
only liability arising out of the sole negligence of the City,
7. Prohibited Advertisement. Licensee is prohibited from advertising the following:
a, Alcohol or alcohol products or any establishment, retail or wholesale, whose
primary source of revenue is from the sale of alcohol or alcohol products,
including, but not limited to liquor stores, bars or cocktail lounges,
b, Tobacco or tobacco products or any establishment, retail or wholesale, whose
primary source of revenue is from the sale of tobacco or tobacco products,
c, The display or depiction of any "specified sexual activity" or "specified
anatomical area" as described in Subsections'T' and "U" of Section 3603 of
the Oceanside Zoning Ordinance or any adult establishment which offers
goods or services which are distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas".
d, Signs of any nature advertising or employing a position, for or against, any
political candidate or issue which is the subject of public debate.
e. Any adult-oriented business as defined Subsections "A", "ß", "C", "D", "E",
"F", "G", "M", "0", "P", "S", and "w" of Section 3603 of the Oceanside
Zoning Ordinance.
8, Abandonment Of Si ens, Licensee shall retain the right to all signs. However, if
Licensee fails to claim any sign within fourteen (J 4) days afternotification its removal, such
sign shall be deemed abandoned and may be disposed of by the City.
9, Size OfSilms, All signs shall be II" by 50" or such other size as subject to
agreement of the parties,
10. Comuliancewith Auplicable Statutes. Ordinances and Regulations, Licensee shall
comply with all applicable federal, state, county and city statutes, ordinances, and
regulations in exercising its rights granted under the license
11. AssÎlmment and Delegation, This Agreement and any portion thereof shall not
be assigned or transferred, nor shall any ofthe Licensee's duties be delegated, without the
express written consent of the City, Any attempt to assign or delegate this Agreement
(Sign Licensing Agreement) 2/i/c¿-S-
\~\
without the express written consent of the City shall be void and of no force or effect. A
consent by the City to one assignment shall not be deemed to be a consent to any
subsequent assignment.
12. Entire Agreement. This Agreement comprises the entire integrated understanding
between City and License concerning the license granted herein and supersedes all prior
negotiations, representations, or agreements,
13, Intemretation of the Agreement. The interpretation, validity and enforcement of
the Agreement shall be governed by and construed under the laws of the State of California,
The Agreement does not limit any other rights or remedies available to City.
14, Agreement Modification, This Agreement may not be modified orally or in any
manner other than by an Agreement in writing signed by the parties thereto,
15, Dispute Resolution, Any controversy or claim arising out of or relating to this
Agreement, or concerning the breach or interpretation thereof, shall be first submitted to
mediation, the cost of which shall be borne equally by the parties,
16, Notices, All notices, demands, requests, consents or other communications
which this Agreement contemplates or authorizes, or requires or pennits either party to give
to the other, shall be in writing and shall be personally delivered or mailed to the respective
party as follows:
To City: To Licensee:
City of Oceanside George Cullinan
City Manager Signs of Support
300 North Coast Highway 409 North Clementine
Oceanside, CA 92054 Oceanside, CA 92054
Either party may change its address by notice to the other party as provided herein.
Communications shall be deemed to have been given and received on the first to
occur of (i) actual receipt at the offices of the party to whom the communication is to be
sent, as designated above, or (ii) three (3) working days following the deposit in the United
States mail of registered or certified mail, postage prepaid, return receipt requested,
addressed to the offices of the party to whom the communication is to be sent, as designated
above,
17, Signatures, The individuals executing this Agreement represent and warrant that
they have the right, power, legal capacity and authority to enter into and to execute this
Agreement on behalf of the respective legal entities of the Licensee and the City,
(Sign Licensing Agreement) 3 /I~- ~
lLf )
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full perfonnance of the
covenants herein contained and have caused this Sign Licensing Agreement to be executed
by setting hereunto their signatures this day of .1997,
DATED: ¿o/rr/q1- ~-!L
Ge ge Cullinan
Signs of Support, LLC
Licensee
DATED:
Thomas], Wilson
City Manager
City of Oceanside
A ITEST:
DATED:
Barbara Riegel Wayne
City Clerk
City of Oceanside
APPROVED AS TO FORM:
DATED: /'O.-(cf--'9:?
G:\ Word Documents\GeneraJ fùcslAGMI\Sign Licensing.doc
(Sign Licensing Agreement) 4 /14, - ;/
~~~~!~Y'S YOUTH
1. F- Missett
G. M.Cullinan
Principals
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Post Office Box 596. Oceanside. CA 92049 . FAX 760/ 754-2996 . 760/ 754-2995
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1234 AU AMERICAN ROAD ANYTOWN 000-0000
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WEDNESDAY, NOVEMBER 5. 1997 Nl1RTH QJUNTI TIMES 8-3
--
County
supports
youths,
libraries
. Supervisors agree
to participate in
sports program
for poor children
MICHAEl J, WIWAMS
STAFF WRiT..
SAN DIEGO - Underprivi-
leged youths and county libraty
parrons will benefit from moves
taken by the county Board of
Supervisors on Thesday-
The board voted 5.() to partic-
ipate in Signs of Support, an in-
novative program launched by
retired North County Times
Oceanside publisher Tom Mis-
sett to support poor children's
participation in Sports-
Signs of Support installs ad-
vertising on municipal vehicles
and dedicates a portion of the
revenue to support such pro-
grams as Little League base-
ball, Pop Warner football, Bobby
Sox softball and soccer.
The board's action autho-
rized county administrators to
negotiate with the company for
the placement of signs on coun-
ty vehicles, with the county get-
ring 50 percent of the revenue
for youth activities.
An advisory committee will
be appointed by the supervisors
to oversee the proceeds and de- )I¿¿ -)/
cide how to spend them-
WEDNESDAY, SEITIMBER 24. 1997 (YCO) NORTH COUNn' TIME.'
Vista OKs
signs for
scholarships
VISTA - Proceeds from
those "We Support Vista Youth"
signs on the back of city vehicles
will be used for a scholarship
program so needy VISta children
~ attend city,sponsored recre-
anon programs.
The City Council decided
Thesday to spend 80 percent of
the funds raised through the
sign program to provide scholar-
ships for low-income children
who live in Vista. The other 20
percent of the funds will be do-
nated to a non-city youth pro-
gram in need of funds,
The city Youth Commission
will recommend on a monthly
basis which children and which
program should receive the
funds, the council decided, The
scholarships will begin as SOon
as city staffers can pull together
the details of the program.
The "We Support Vista
Youth" sign program started in
August, after the city signed an
agreement so thar the Ocean-
side. based Signs of Support
company could sell advertising
space on vinyl signs attached to
city vehicles,
The city would receive $25 a
month per vehicle for a sign that
includes the ciry logo, a "We
SuPPOrt Vista Youth" logo and
the adverriser's logo,
Community Services Director
Jim Porter estimated the city
will collect $13,000 a year for ai-
lowing advertising on,;;j5 vehi.
cles, )'~
-/~
THURSDAY. SEPTEMBER lB, 1997 ANOW ,~:; NORTH COUNTY
NORTH CoUNTY TIMES II-.
O'side city cars may
raise money for youth
OCEANSIDE - Local youTh
programs may receive a much,
needed financial boost through
advertising signs to be placed on
city-owned vehicles.
With a 4.1 vote Wednesday,
the City Council agreed to nego-
tiate a contract with Oceanside-
based Signs of Support to sell
street sign,sized, vinyl advertis.
ing panels that will stick to the
rear oi city vehicles.
The signs will bear the name
of the local businesses that pay
for the advertising, a "We sup-
port Oceanside youth" statement
and the City of Oceanside seal.
The city will receive about $40
per sign each monTh to support
youth programs.
Signs of Support is owned by
businessman George Cullinan of
Carls had and Tom Missett, the
recently retired publisher of The
North County Times, formerly
The North County Blade-Citízen
and The Blade-Tribune.
The idea grew out of Missett's
decad"s of volunteer work with
youth programs in Oceanside. He
pointed to his son's basketball
program, which costs $100 even
though the team has a sponsor,
Some children have no money
to narticinate and "no kid should
be denied participating in youth .
sports," Missett said.
J~Cl- - ):3
-------
I
===-PA
W:i
Western States Petroleum AssoÇiaUon
Douglas F. Henderson ...-----
Executive Director
'907-/997
~O't SC~¡;1)
February 12, 1998
The Honorable Mary Salas
Council member, City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
Dear Council member Salas:
As you probably know, our association filed a lawsuit yesterday in federal
district court which charges that San Diego County's and the City of San Diego's
gasoline divorcement ordinance is unconstitutional and asks the court to overturn it.
We have taken this action because the supervisors adopted this ordinance while
ignoring the advice of their chief administrative officer and county counsel that this
ordinance wouldn't help reduce gasoline prices and could even make matters worse,
The effect of this ordinance will be hundreds of lost jobs, reduced competition
and possibly higher gasoline prices, We were left with no choice but to go to court,
Litigation was, literally, our last resort, Frankly, compliance with the San Diego
ordinance would require our companies to be out of compliance with long-standing
state and federal laws, so only the courts can resolve the matter.
We would be pleased to discuss these and other issues with you, The
precipitous and extraordinary action the County and City of San Diego have adopted
are a rush to judgement.
(l¡ j 4L-
505 No. Brand Blvd" Suite 1400 . Glendale, California 91203 . (818) 543-5327 . FAX: (818) 545-0954
Pr'""d 00 r""clod pOP"
----- . .---.-. -----...-.--- --------..----------..--.--..
~ CHULA VISTA CHAMBER OF COMMERCE IiJ
ACCREDITED
_M_""
.................
February 13, 1998 ..,.....,........
!
AN
INVESTMENT IN
THE FUTURE FER I .j
The Honorable Shirley Horton
Mayor, City of Chula Vista and
BOARD OF DIRECTORS Members of the City Council
President 276 Fourth Ave,
Brad Wilson Chula Vista, CA 91910
President Elect
Patricia Barnes Attention: Councilwoman Mary Salas
Vice Presidents:
Renee Bardwell Dear Mayor Horton and Members of the City Council:
Joanne Clayton
Gary Nordstrom 01 February 18, the Chamber will hold a special meeting
Ben Richardson
Members: of the Board of Directors at 7:30 A.M. in the Chamber's
Scott Alevy Leadership Center to discuss the concept of a gross receipts
Patly Davis business license tax, Historically the Chamber has opposed
Jose Doria
Bill Hall increases in taxes; however, the Board of Directors would
Henri Harb like to have the opportunity to hear the thoughts of council
Susan Herney
Kevin Kreutzer and staff on this issue prior to formalizing a position.
Len Moore Please let us know i f you will be able to attend by
Scott Mosher
Fran Muncey calling Rod or Carole at 420-6603,
Robert Penner, MD
Jim Pieri Sincerely,
Bev Turner
Chula Vista Chamber of Commerce
Past President
Dave Ward ~ úd--t
Executive Director
Rod Davis
Brad Wilson
President
cc: John Goss
233 FOURTH AVENUE' CHULA VISTA, CALIFORNIA 91910' TEL (619) 420-6603
-~-- -,.._--
Clwla 'Vism
:;:bl1œ Qffk:ers 3Lssociation
Political Action Committee
February 17, 1998
TO: Honorable Shirley Horton, Mayor
Distinguished City Council Members
FROM: Board of Directors, Chula Vista Police Officers Association
ISSUE: Expanding police powers of the private security force of
the MTDB.
Recent discussions by the Metropolitan Transit District Board regarding
expanding the police powers of their private security force should be of
grave concern to local government and the citizens of Chula Vista.
These untrained and unprepared citizens will be given police powers to
arrest for such offenses as drug possession, narcotics dealings, gambling
prostitution, etc.
The explanation given is to reduce the amount of time that fare
inspectors must wait for police to arrive to take enforcement action.
That plan is fatally flawed and goes against all manner of logic. Please
refer to the attached documents that explain in detail why this plan will
not only take more time from the inspectors normal duties, but in reality
cost a significant amount of money as well.
PAC# 930270
p, 0, Box 848. Chula Vista, CA 91912. Tel: (619) 426-5657
--
CIw1a ~isfa
:J'ol1œ QfjÙ:ers .5{ss ociation
Political Action Committee
One can easily speculate with the lack luster efforts ofMTDB
management and it's private security forces in preventing and reporting
crime that this is just another attempt to hide those short comings by
removing the scrutiny and reporting of the local police.
Untrained, unprepared and unanned fare inspectors supported by a
civilian security force of similar deficiencies will simply endanger
themselves and the public that uses these fonDS of transportation.
Please tell the MTDB that the City of Chula Vista uses a professional
police force to enforce the laws and protect the citizens of this
community. Fare Inspectors and private security officers should confine
their duties to those activities that directly effect the operation of the
trolley like fare jumpers, loitering and keeping the trains and tracks in
safe working order.
Sincerely.
~,.¡ a,~
David Nellis
President of the Board of Directors of the CVPOA
PAC# 930270
P. 0, Box 848 . Chula Vista, CA 91912 . Tel: (619) 426-5657
-
By fUr¡ Arner officers carry citation booklets. and tampering ,with trains. Tbey
Sf AFF WRITER Their authority is largely limited to also would handle lesser inÏrac-
Transit officers for the San Die- writing citations for infractions, tions, including, discharging fire-
:go Trolley would write citations for such as eating and drinking aboard "works, loitering, tittering, lodging
;~{lrug, ,offenses, prostitution and trains, boisterous behavior and not in public property. jaywalking and
}'cpmliling under a rule tentatively paying fares, disturbing the peace- -
:"',approved last week by the region's Private guards from Heritage Transit board member Jay La Su-
, - ' - board.",--,:,'..:". Security Services provide the mus- er. a form eriff, warned
é:'wDÍ11itsûbStaritiãDy " cle,-:JIßdlìåndguñs ifneeded;toie-"-, the boarã-. '. - Such.
--- ,anthority 'of2z.m~' st~.lirwbreak=¥.; If.-,_~eQ~ùs."'po.wers i - '~- ., '
'ïSèode--complian~e staff that crimes are involved; police or sher:-: more -- -' " ..' ~ Squacf
""':' y' patrols the' rail line's iff's deputies are called. -" _: members -,anir:~ riialóng
~,stations and parking lots Transit officials have long com- them sworn peace officers-
-- 85 armed private securi- plained that the, system 'is keffi." "SooDer or Iãœr; La Suer said,
, l ;" '",,",' ", cient, because each arrest ëáD'tie "we are goingtD-,have to'make sure"
up several security officials âñ nour they take the riëcessary training to
or more while they wait for police become legitimate peace officers."
to respond, Board Chairman Leon Williams,
Under the proposal, code-comp¡;~ bowever, played.down the change,
ance officers could write citations "The way I read it," Williams
for several serious crimes, such as said, "this would create a little bit
prostitution, selling drugs, posses- more efficiency, It does Dot lean in
sion of alcohol or drugs, gambling any way toward sworn officers."
There is a reason why there is a distinction between private security and
police officers. Security officers with their very limited training and job
skills are generally posted to protect specific parcels of property or to
enforce very specific codes that relate to their functions.
Police officers with their significant training and job skills are asked to
protect and police the public as a whole. They are called upon to use
those skills with the utmost discretion and fairness.
The recent decision by the Transportation Board flies in the face of
reason and public safety.
The decision to have unarmed, untrained private persons make arrests
for such crimes as prostitution, drug sales, garilbling, etc., not only
endangers the lives of the code enforcement officers but the public as
well.
The statement that these procedures will not increase the budget is so off
base as to be even ridiculous by government standards.
The following are a few questions that need to be answered by the
MIDB before embarking on a foolish and reckless course of action that
has far reaching implications for public safety.
Drug possession and sales:
Who will test the drugs in the field to insure that in fact that they are
illegal narcotics? The test kits cost money, something the Board didn't
consider.
How will the narcotics be stored? The law requires a chain of custody
and an evidence storage system that prevents tampering. Is the Board
going to invest in an evidence storage system with evidence personnel to
catalog and store the evidence according to the California Evidence
Code and case law? How is the evidence going to get to the crime
laboratory for analysis? This requires transportation and personnel, the
Sheriff does not have a delivery service like Pizza Hut. When it comes
time to go to court who is going to transport the narcotics to court? The
law does not permit private persons like the Trolley Security to posses
narcotics. Would you trust someone with two weeks of training to
transport illegal drugs and cash to court?
Cash is another unique situation. Often times with arrests for narcotics,
prostitution and gambling you have small or large quantities of cash. It
also must be stored with great caution and security.
Arrests:
There are numerous checks and balances on the police side to insure that
arrests have been made with probable cause and the proper amount of
force and report documentation.
Police Officers with months of training and years of experience must
present their arrests to the Police Watch Commander for approval. The
Watch Commander insures that probable cause has been met and that the
reports reflect what actually took place. In the event that force was
necessary to make the arrest, procedures and techniques are given
immediate attention and medical treatment is given the suspect.
Who is going to review the arrests of these civilians? Another civilian
with little or no more training than the person making the arrest? Is
anybody going to review them? Are you going to wait for court to find
out that the arrest was illegal or unlawful force was used to make the
-
arrest? This is a waste of taxpayer and court time if arrests cannot stand
up.
Who is going to process that paperwork with the courts? On most police
departments, the arrests are forwarded to investigations. Investigations
fills out a Juris form that is required by the District Attorney and the
Courts. In addition they must forward a copy of the persons arrest
history and any unserved warrants with the report package. Without
legal access to criminal history or warrant information, how do you
propose to get the information together for the District Attorney and the
Court?
Frequently the District Attorney's Office returns reports involving
arrests for follow-up. You have no detectives or police powers to
question private persons as may be required to have the report issued,
what are you going to do?
By storing reports with arrest information you are also going to have to
comply with the rules and regulations of the State Department of Justice
and the FBI for the storage and care of those records. Are you prepared
to hire the staff required to comply with the law and to insure the
security and integrity of the records?
The law also requires that any police agency making an arrest for a
misdemeanor or felony offense must fmgerprint and photograph the
suspect and forward those records to the Department of Justice and the
FBI. Are you prepared with the equipment and the personnel to
accomplish those tasks? Booking suspects at County Jail does not
comply with the provisions of the law.
The most significant issue is the one of safety. Police Officers with their
superior training and job skills are better equipped to deal with drug
dealers and other serious types of criminals. They have instant access
through communications to tell them if a subject is wanted, armed and
dangerous or a parolee wanted by the state. Your code enforcement
officers will not have access to that infonnation and ifthey did have
access, they are not allowed by law to have it. Only police officers, the
District Attorney and the Courts have the right to that type of
infonnation.
Serious criminal offenders are often times armed and wanted for other
crimes. How do you propose that a citation for an offense as serious as
dealing narcotics is going to deter future criminal activity on the trolley
or serve the public as a whole? Incarceration is what insures prevention
of future crimes and protects the trolley and the public :£Tom this type of
activity.
Exposing unarmed and untrained civilians to this level of enforcement is
simply dangerous and will surely result in injury or death to trolley
personnel or to an innocent passenger when one of these arrests goes
sideways.
The argument advanced was that this will save time over summoning the
police. If you have to take drugs or money into the station and process it
then log it into evidence, what time was saved? If suspects have to be
fingerprinted and photographed, what time is going to saved when the
inspector is tied up with these house keeping functions? How can it be
stated that there will be no additional money required? Is the evidence
going to be left in paper bags in the MTDB business office unguarded,
unsecured and unprocessed? Who is going to see that evidence is
processed and transported? Who is going to maintain the records
required by DOJ and the FBI? Who is going to do the follow-ups
required :£Tom the District Attorney when reports are deficient or require
additional interviews?
It would be suggested that in the future when considering law
enforcement issues, you might consult those involved with arrests and
report and evidence processing. You could save yourselves a great deal
of time and embarrassment not to mention the cost of a funeral when one
of your untrained, unprepared and ill equipped personnel is murdered by
one of these "minor" offenders.