HomeMy WebLinkAboutAgenda Packet 2004/04/06
CITY COUNCIL AGENDA
April 6, 2004 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
~{rt-
~
~~~~
""" """ """ """
CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
**********
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
**********
CALL TO ORDER
c~~ì<"e under penalty of perjury that I am
"mployed by the City of Chula Villa In the
Office of the City Clerk and that I poIted thII
AGIòtiilktønt on the bulletin boMi acooråIng to
arown~~uilementa. ~00J5~' _
Datlá I of .. ~
April 6, 2004
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY CONSERVATION AND ENVIRONMENTAL SERVICES
DIRECTOR, MICHAEL MEACHAM, OF THE BUSINESS RECYCLING AWARDS
TO THE FOLLOWING CHULA VISTA BUSINESSES: B.F. GOODRICH, G.!.
TRUCKING, KEG AND BOTTLE LIQUOR, PREMIER PRODUCE, BOL BOL
PRODUCE, JIMMY'S FAMILY RESTAURANT, COORS AMPHITHEATRE,
BONITA POINT 76, AND L YNWOOD SOUTH MOBILE HOME PARK
· PRESENTATION BY MAYOR PADILLA TO BUILDING OFFICIAL, BRAD REMP,
OF A PROCLAMATION DECLARING THE WEEK OF APRIL 4, 2004 THROUGH
APRIL ro, 2004 AS "BUILDING SAFETY WEEK" IN THE CITY OF CHULA VISTA
· PRESENTATION BY MAYOR PADILLA TO LEAD COMMUNICATIONS
OPERATOR, TINA JONES, OF A PROCLAMATION DECLARING THE WEEK OF
APRIL 11 THROUGH APRIL 17 AS NATIONAL PUBLIC SAFETY
TELECOMMUNICATIONS WEEK
· PRESENTATION BY MAYOR PADILLA TO EMERGENCY SERVICES
MANAGER, CARLOS BEJAR, OF A PROCLAMATION DECLARING THE MONTH
OF APRIL 2004 AS EMERGENCY PREPAREDNESS MONTH
· PRESENTATION BY MAYOR PADILLA TO ASSISTANT CITY MANAGER
FRUCHTER, OF THE EXCELLENCE IN OPERATING BUDGET AWARDS FROM
THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED
STATES AND CANADA AND THE CALIFORNIA SOCIETY OF MUNICIPAL
FINANCE OFFICERS, AND THE EXCELLENCE IN PUBLIC COMMUNICATIONS
AWARD FROM THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE
OFFICERS
CONSENT CALENDAR
(Items 1 through 9)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
--
1. APPROVAL OF MINUTES of March 16,2004.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MODIFYING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE
(SECOND READING)
Adoption of the ordinance amends the regulations for accessory second dwelling units to
allow the Director of Planning and Building to waive the two-car garage requirement for
certain properties when it would detract from the character of the neighborhood.
(Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN
SAID CITY ON MARCH 2, 2004, DECLARING THE RESULTS THEREOF, AND
SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
The Registrar of Voters has transmitted the certified results of the general municipal
election held on March 2, 2004. Elections Code Section 15372 requires the City Clerk,
as the elections official, to transmit the certified results to the City Council. Elections
Code Section 15400 requires the City Council to declare the results of the election. The
proposed resolution contains the official results as reported by the Registrar of Voters.
(City Clerk)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CHULA VISTA NATURE CENTER TO APPLY FOR GRANT
FUNDS FROM THE FEDERAL LAND AND WATER CONSERVATION FUND
PROGRAM, ADMINISTERED BY THE STATE OF CALIFORNIA DEPARTMENT
OF PARKS AND RECREATION, AND APPOINTING THE NATURE CENTER
DIRECTOR AS THE CITY'S AGENT TO EXECUTE RELATED AGREEMENTS
WITH THE STATE IF A GRANT IS AWARDED
The Chula Vista Nature Center's interior exhibit remodel project is eligible for
consideration to receive grant funds through the Federal Land and Water Conservation
Fund Program administered by the State of California Department of Parks and
Recreation. A resolution of the City Council authorizing the Nature Center's grant
application and designating the City's representative is a required element of the
submittal. (Nature Center Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda April 6,2004
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $800,000 FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND TO REIMBURSE THE WORKERS' COMPENSATION FUND
FOR WORKERS' COMPENSATION CLAIMS EXPENDITURES THROUGH THE
END OF THE FISCAL YEAR (4/5THS VOTE REQUIRED)
Workers' Compensation legislatively mandated benefit increases and extraordinary claim
costs have resulted in a shortfall of funds available to cover claims expenses through the
end of the fiscal year. This appropriation and the associated allocation of funds will
cover these costs. (Director of Human Resources)
Staff recommendation: Council adopt the resolution.
6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING CITY STAFF'S ACTIONS APPROVING CHANGE ORDER NOS. 10
AND 11, ASSOCIATED WITH THE H STREET RECONSTRUCTION, 1-5 TO
BROADWAY (pROJECT STM-334), AND AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDERS ON
BEHALF OF THE CITY
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO
APPROVE ANY FUTURE CHANGE ORDERS, COMMENCING WITH CHANGE
ORDER NO. 12, IN THE MAXIMUM CUMULATIVE TOTAL OF $135,080, UNDER
COUNCIL POLICY 574-01, FOR THE H STREET RECONSTRUCTION, 1-5 TO
BROADWAY (PROJECT STM-334)
Adoption of the resolutions ratifies staffs actions in approving Change Order Nos. 10
and 11, totaling $110,400 and gives the Director of Public Works Operations
authorization to approve any future change orders through the remaining course of
construction for this project in the maximum aggregate cumulative total of $135,080 as
set forth in City Council Policy No. 574-01. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolutions.
7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING FUNDS FROM THE UNENCUMBERED TRAFFIC
CONGESTION RELIEF FUND (AB-2928) BALANCE, AND AUTHORIZING STAFF
TO CREATE AND EXPEND ALL THE FUNDS IN A NEW STREET
REHABILITATION PROJECT (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, AUTHORIZING STAFF TO INCREASE VALUE OF
CONTRACT TO EXPEND ALL AVAILABLE FUNDS, AND A WARDING
CONTRACT FOR THE PAVEMENT REHABILITATION PROGRAM - FISCAL
YEAR 2004 - OVERLAY - IN THE CITY OF CHULA VISTA (PROJECT STL-293)
Page 3 - Council Agenda Apri16,2004
---- -------..--.-.
On October 13, 2000, cities statewide were issued grants by the State Controller provided
by Assembly Bill 2928, "Traffic Congestion Relief Fund." These monies must be used
only for street and highway pavement maintenance, rehabilitation and reconstruction. A
balance of unencumbered funds remains in the account. On March 10,2004, the Director
of General Services received sealed bids for this project (STL-293). (Director of General
Services)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING AND SETTING ASIDE CERTAIN CITY-OWNED REAL
PROPERTY AS RIGHT-OF-WAY FOR STREET AND PUBLIC UTILITY
PURPOSES AS NECESSARY FOR THE COMPLETION OF THE EAST H STREET
WIDENING PROJECT
As a final step in completing the East "H" Street Widening Project, it has become
necessary to formalize right-of-way on the additional properties that were used in the
widening process. Adoption of the resolution designates and sets aside those properties
for street and public utility purposes. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
9A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO G STREET
FOR THE CINCO DE MAYO CELEBRATION ON MAY 2,2004, FROM 4:00 A.M.
TO 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING
BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN THE EVENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR FESTIVAL CINCO
DE MAYO 2004 AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The Chu1a Vista Downtown Business Association is requesting the closure of Third
Avenue and portions of other streets for the annual Festival Cinco de Mayo on May 2,
2004. Activities will include live entertainment along with approximately 200 arts,
crafts, and food booths. (Director of Communications)
Staff recommendation: Council adopt the resolutions.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 4 - Council Agenda April 6,2004
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
4:00 P.M. 10. CONSIDERATION OF THE CITY OF CHULA VISTA COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT
PARTNERSHIP PROGRAM (HOME), THE EMERGENCY SHELTER GRANT
PROGRAM (ESG); AND THE AMERICAN DREAM DOWN PAYMENT
INITIATIVE (ADDI) PROGRAM
Each year the City undertakes a process to solicit and approve programs and projects
eligible for federal funding. The public hearing provides an opportunity for the public
and Council to make comments on how the funds can be allocated to meet the City's
housing and community development needs. (Director of Community Development)
Staff recommendation: Council conduct the public hearing, accept staffs report, and
direct staff to return on or about May 4, 2004 with the final funding recommendations.
11. CONSIDERATION OF AN AMENDMENT TO SECTION 19.54.020 AND THE
ADDITION OF SECTIONS 19.58.148 AND 19.58.245 TO THE ZONING
ORDINANCE OF THE CHULA VISTA MUNICIPAL CODE REGULATING
CERTIFIED FARMER'S MARKETS AND AMBULANCE SERVICES AS
UNCLASSIFIED USES (PCA-04-02)
Adoption of the ordinance provides new regulations for certified farmer's markets and
provides more flexibility for locating small-scale ambulance dispatch services throughout
the City ofChula Vista. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
ordinance:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.54.020 AND ADDING SECTIONS 19.58.148 AND
19.58.245 TO THE CHULA VISTA MUNICIPAL CODE TO ALLOW AND
REGULATE CERTIFIED FARMER'S MARKETS AND AMBULANCE
SERVICES
12. CONSIDERATION OF AN AMENDMENT TO ORDINANCE 2579, RELATING TO
INTERIM PRE-SR 125 DEVELOPMENT IMPACT FEE (Continued from March 23,
2004)
In 1994, the Interim Pre-SR 125 Development Impact Fee (SR-125 DIF) was established
to ensure that sufficient funds would be available to construct a contingent north-south
transportation corridor should the SR-125 freeway not be constructed by CalTrans or not
be constructed in time to serve impending development. With financing now secured,
environmental constraints addressed, and construction underway for SR-125, City staff
recommends that the fee be tolled. Staff also recommends that the Ordinance be
amended to allow transportation capacity enhancement improvements to be funded from
fees already collected for SR-I25 DIF. (Director of General Services, City Engineer)
Page 5 - Council Agenda Apri16,2004
_._~~----
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE 2579, RELATING TO INTERIM PRE-SR 125
DEVELOPMENT IMPACT FEE (FIRST READING)
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
13. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING CURRENT
CODE ENFORCEMENT ACTIVITIES
The report includes a description of the expanded Code Enforcement section and
emphasizes new proactive enforcement programs. Staff will also provide a status update
of current activities and additional planned enhancements. (Director of Planning and
Building)
Staff recommendation: Council accept the report.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
15. MAYOR'S REPORTS
. Ratification of appointment of Armida Martin Del Campo to the Housing
Advisory Commission.
16. COUNCIL COMMENTS
A. Counci1member McCann: Discussion regarding traffic monitoring sensors on
Interstates 5 and 805 in Chu1a Vista.
B. Counci1member Rindone: Ratification of appointment of Jerrold Siegel to the
Mobi1ehome Rent Review Commission.
Page 6 . Council Agenda Apri16,2004
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7).
17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chu1a
Vista)
Agency negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One case
ADJOURNMENT to the Regular Meeting of April 20, 2004, at 6:00 p.m. in the Council
Chambers. (The meeting of April 13, 2004 is cancelled)
Page 7 . Council Agenda April 6, 2004
--~-----
ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL
CODE REGULATING ACCESSORY SECOND DWELLING UNITS TO
ALLOW WAIVERS FROM ON-SITE PARKING REQUIREMENTS UNDER
CERTAIN CIRCUMSTANCES.
WHEREAS, on January 28th 2003, the City Council of the City ofChula Vista adopted a
local ordinance adding Section 19.58.022 to the Chu1a Vista Municipal Code for the regulation
of accessory second units in conformance with California Government Code Section 65852.2;
and
WHEREAS, on January 27th 2004, the City Council of the City of Chu1a Vista amended
Section 19.58.022 increasing the maximum size limit for accessory second units to 850 square
feet, modifying the required on-site parking for units with three or more bedrooms, and
clarifying that properties adding accessory units are required to bring nonconforming situations
on-site up to current code standards; and
WHEREAS, at the time of the amendment, the City Council expressed a desire to add
language to Section 19.58.022 that would grant the Director of Planning and Building the
authority to waive some of the on-site parking for properties adding accessory under certain
circumstances and directed staff to return with the appropriate language as soon as possible.
The City Council of the City ofChula Vista does hereby ordain:
SECTION I. That Section 19.58.022.A.3.f of the Chu1a Vista Municipal Code is amended as
follows:
Section 19.58.022 - Accessory Second Dwelling Units,
A. Accessory second dwelling units are allowed in certain areas as a potential source of
affordable housing and shall not be considered in any calculation of allowable density for the lot
upon which it is located, and shall also be deemed consistent with the General Plan and zoning
designation of the lot as provided. Except as provided in section 3.f, accessory second dwelling
units, whether attached or detached, shall be considered additions to the existing house for the
purposes of evaluating existing nonconforming structures or uses for compliance with Chapter
19.64 of the Chu1a Vista Municipal Code. Required corrections of any nonconforming situations
shall occur concurrently with the addition of the new unit. Accessory second dwelling units shall
be subject to the following development standards:
1. Accessory second dwelling units shall be limited to a maximum gross floor area of up
to 850 square feet, or shall have a gross floor area less than the primary single family
dwelling whichever is less, and may be attached or detached above or behind a main
or primary single-family dwelling or accessory structure on the same lot.
.;2- /
_._~------
Ordinance -
Page 2
2. The accessory second dwelling unit must accompany a main or primary dwelling unit
on an A, R-E, R-1 or P-C zoned single-family lot. Accessory second dwelling units
are precluded from R-2 and R-3 zoned lots.
3. The accessory second dwelling unit shall conform to the underlying zoning and land
use development standards of the A, R-E, R-1 or P-C zoned lot, such as height, bulk,
and area regulations, with the following modifications or exceptions:
a. A detached accessory second dwelling unit shall be located a minimum of six
feet ITom a main or primary single-family dwelling unit.
b. An accessory second dwelling unit is subject to the same height limitation as
the main or primary dwelling unit.
c. A single story accessory second dwelling unit may be located within a
required rear or interior side yard area, but not closer than 5 feet to any
property line. In addition, the unit and all other accessory structures shall not
occupy more than thirty percent of the required rear yard. Second story
accessory second units shall observe the setbacks of the primary structure
unless the zoning administrator approves a reduction to not less than five feet
through the approval of a conditional use permit as authorized by Section
19.14.030.
d. A lot shall be a minimum 5,000-~quare feet in size to add an accessory second
dwelling unit. Existing lots less than 5,000 square feet may develop an
accessory second dwelling unit only if it can be incorporated within the
existing permitted building envelope.
e. The lot coverage including an accessory second dwelling unit shall not exceed
50 percent. Lots in planned communities that are already permitted to exceed
50 percent in lot coverage by their Sectional Planning Area General
Development Plan may include an accessory second unit if the accessory
second unit can be incorporated within the existing permitted lot coverage.
f. Accessory second dwelling units shall be provided with one standard sized
parking space for studio, one-bedroom, or two-bedroom units; or two standard
sized parking spaces for units with three or more bedrooms. Said parking is in
addition to the parking requirements for the main dwelling as specified in
Section 19.62.170. The Director of Planning and Building mav waive the
reQuirement to comolv with Section 19.62.170 if doing so would be phvsically
infeasible. or materiallv impair the neighborhood character or oublic interest.
The off-street parking space(s) shall be on the same lot as the second unit,
shall be screened from view from public streets, and shall not be located
within a required front or exterior side yard setback. Tandem parking is not
allowed to satisfy required parking for an accessory second dwelling unit.
)~ d--
Ordinance
Page 3
Lots having accessory second dwelling units must take access ftom a public
street, alley or a recorded access easement.
g. The accessory second dwelling unit shall be served by the same water and
sewer service lateral connections that serve the main or primary dwelling unit.
A separate electric meter and address may be provided for the accessory
second unit.
h. Accessory second dwellings shall be designed to be consistent in architectural
style with the main house and compatible with surrounding residential
properties. The Design Review Committee shall review disputes about design
and/or compatibility issues.
I. Any accessory second dwelling unit that is attached to an existing residential
structure shall meet the standards of Section 19.58.022, and all applicable
development standards of the existing zone.
SECTION II. This Ordinance amendment shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by: Approved as to form by:
~~/JdI
James D. Sandoval, AICP
Director of Planning & Building ty Attorney
J:\PLANNINGIJOHNSIDoCUMENTSIORDINANCESIASDU ORD - 2ND AMENDMENT-PARKING WAIVER.DOC
d",3
COUNCIL AGENDA STATEMENT
Item No. .3
Meeting Date 04/06/04
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 2,
2004, DECLARING THE RESULTS THEREOF, AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW
SUBMITTED BY: Susan Bigelow, CMC, City Clerk ~~ ifI8
SUMMARY: The Registrar of Voters has transmitted the certified results of the General Municipal
Election held on March 2, 2004. Elections Code Section 15372 requires the City Clerk, as the
elections official, to transmit the certified results to the City Council. Elections Code Section 15400
requires the City Council to declare the results ofthe election. The proposed resolution contains the
official results as reported by the Registrar of Voters.
RECOMMENDATION: Council adopt the resolution.
DISCUSSION: The General Municipal Election was held on March 2, 2004, to select two
members ofthe City Council to fill Seats 3 and 4 for full terms commencing in December 2004. The
certified results of the March 2, 2004 election have now been received from the Registrar of Voters,
and the results are as follows:
Total Number of Registered Voters: 80,519
Total Number of Votes Cast: 32,226 (40.02%)
Total Votes Percentage of Votes Cast
Council Seat #3
Jerry R. Rindone 25,184 98.88%
Council Seat #4
Steve Castaneda 6,827 23.64%
Dan Horn 12,014 41.59%
John L. Nezozzi 696 2.41%
Rudy Ramirez 6503 22.51 %
Robert A. Solomon 2799 9.69%
FISCAL IMPACT: None.
:3
- -~------- ~
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 2,
2004, DECLARING THE RESULTS THEREOF, AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW
WHEREAS, a general municipal election was held and conducted in the City of
Chu1a Vista, California, on Tuesday, March 2, 2004, as required by law, for the purpose
of electing members of the City Council to Seats 3 and 4 for a full term of four years
each; and
WHEREAS, notice of said election was duly and regularly given in the time,
form, and manner as provided by law; and in all respects said election was held and
conducted, and the votes cast thereat received and canvassed, and the returns made and
declared, in the time, form, and manner as required by the provisions of the Elections
Code of the State ofCa1ifomia for the holding of elections in charter cities; and
WHEREAS, pursuant to Resolution No. 2003-421 adopted October 7, 2003, the
election was consolidated with the statewide primary election, and the Registrar of Voters
canvassed the returns of said election and has certified the results to this City Council.
The results are received and made a part hereof, attached as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby resolve, declare, determine, and order as follows:
SECTION I: There were 95 voting precincts established for the purpose of holding said
election consisting of the regular election precincts in said City as
established for the holding of state and county elections.
SECTION 2. The whole number of votes cast in said City was 32,226.
SECTION 3: The name ofthe nominee for Seat 3 was Jerry R. Rindone.
SECTION 4: The names of the nominees for Seat 4 were Steve Castaneda, Dan Horn,
John L. Nezozzi, Rudy Ramirez and Robert A. Solomon.
SECTION 5: The City Council does hereby declare Jerry R. Rindone as elected to Seat
3, to be sworn into office at the first meeting of the City Council held in
December 2004.
SECTION 6: The City Council does hereby declare that Steve Castaneda and Dan Horn,
neither of whom received 50 percent plus one vote of the total votes cast,
will face a runoff election for City Council Seat 4 on November 2, 2004.
3-Z
-- ._~-_.._--
SECTION 7: The number of votes given at each precinct and the number of votes given
in the City to each of the persons above named for Seat 3 and Seat 4 for
which the persons were candidates are as listed in Exhibit A, attached.
SECTION 8: The City Clerk shall enter on the records of the City Council of the City of
Chu1a Vista a statement of the results of the election, showing the whole
number of votes cast in the City, the names of the persons voted for, for
what office each person was voted for, and the number of votes given in
the City to each person.
Presented by Approved as to form by
~~
Susan Bigelow, CMC Ann Moore
City Clerk City Attorney
PASSED, APPROVED AND ADOPTED by the City Council of the City of Chu1a Vista,
California, this 6th day of April, 2004, by the following vote:
AYES: Counci1members:
NA YES: Counci1members:
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of the City ofChula Vista, California, do hereby certify that
the foregoing Resolution No. 2004-- was duly passed, approved and adopted by the
City Council at a regular meeting held on the 6th day of April, 2004.
Executed this - day of April, 2004.
Susan Bigelow, CMC, City Clerk
-3
OJ, "VI V4 , H: U~ FAX 858 694 2955 SAN DIEGO REG OF VOTERS~HULA VISTA ¡g¡ 002/011
-----'---------
COUNTY OF SAN DIEGO Dote:03130104
Time: 13:49:34
PRIMARY ELECTION - MARCH 2, 2004 Page:lof9
Official Results for San Diego County Only
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864. Num. Reporting 1864 100.00%
PRESIDENT - DEMOCRATIC DEM PRESIDENT - PEACEIFREEDOM PE
Total Total
Number of Precincts 1864 Number of Precincts 1864
Precincts Reporting 1864 100.0 % Precincts Reporting 1864 100.0 %
Total Votes - 244493 Total Votes 402
JOHN KERRY DEM 154552 63.21% LEONARD PELTIER PE' 163 40.55%
JOHN EDWARDS DEM 50665 20.72% WALTER P- BROWN PE 130 32.34%
HOWARD DEAN DEM 10764 4.40%
DENNIS J. KUCINíCH DEM 6837 2.80% US SENATOR - DEMOCRATIC DEM
JOE LIEBERMAN DEM 4317 1.77% Total
DICK GEPHARDT DEM 4091 1.67% Number of Precincts 1859
WESLEY CLARK DEM 3940 1.61% Precincts Reporting 1859 100.0 %
ALSHARPTON DEM 3751 1.53% Total Votes 221018
CAROL M. BRAUN DEM 1848 0-76% BARBARA BOXER DEM 217776 '98-53%
LYNDON LAROUCHE DEM - 428 0_18%
US SENATOR - REPUBLICAN REP
PRESIDENT - REPUBLICAN REP Total
Total Nwnber of Precincts 1859
Number of Precincts 1864 PrèCincts Reporting- 1859 100.0 %
Precincts Reporting 1864 100.0 % Total Votes - 251922
Total Votes 262045 BILL JONES REF 82612 32.79%
GEORGEW.BUSH REP 253369 96-69% HOWARD KALOOGIAN REP 59757 23.72%
ROSARIO MARIN REF 49926 19.82%
PRESIDENT - AM. IND. AlP TONI CASEY REF 16826 6.68%
Total TIMSTOEN REF 12690 5.04%
Numbtr of Precincts 1864 BARRY L. HATCH REF 7846 3.11%
Precincts Reporting 1864 100.0 % JAMES STEWART REP 6751 2,68%
ToM Votes 5125 JOHN M. VAN ZANDT REF 6473 2.57%
MICHAEL A. PEROUTKA AlP 2423 47-28% DANNEY BALL REP 4268 1.69%
BILL QURAISm REF 2776 1.10%
PRESIDENT - GREEN GRN
Total US SENATOR - AM- IND. AlP
NumberofPrecincts 1864 Total
Precinct¡; Reporting 1864 100.0 % Number of Precincts 1859
Total Votes 3096 Precincts Reporting 1859 100.0 %
PETER MIGUEL CAMEJO ORN 1833 59.21% Total Votes 4496
LORNA SALZMAN GRN 334 10.79% DON J- GRUNDMANN AlP 3265 72.62%
DAVID COBB GRN 251 8.11%
KENT MESPLAY GRN 97 3.13% US SENATOR - LIDERTARlAN LID
Total
PRESIDENT - LIDER T ARIAN LIB Number of Precincts 1859
Total Precincts Reporting 1859 100.0 %
Number of Precincts 1864 Tor.oï Votes 3002
Precincts Reporting 1864 100.0 % lAMES P- "JIM" GRAY LID 1702 56.70%
Total Votes 2751 GAIL K. LIGHTFOOT LIB - 1196 39.84%
GARY NOLAN LIB 1406 51.11%
AARON RUSSO- LIB 556 20.21% US SENATOR - PEACEIFREEDOM PF
MICHAEL BADNARIK LIB 444 16.14% Total
Number ofPrecinc~' 1859
Precincts Reporting 1859 100.0 %
Total Votes 382
MARSHA FEINLAND PF 340 89,01%
:3 --'1
- --~~-~--.~-
- -~'~"~~'~ ~AN~.EGO REG OF VOTE~.. CHULA VISTA !¡ì]OO3/0Il
COUNTY OF SAN DIEGO Date:03/30/04
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:3S
Page:2 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Nwn. Report Precincl 1864 - Nurn- Reporting 1864 100.00%
US REF 49TH. DEMOCRATIC DEM US REP 50TH - LIBERTARIAN LIB
Total Total
Number ofPrccincts 231 Number of Precincts 487
Precincts Reporting 231 100.0 % Precincts Reporting 487 100.0 %
Total Votes 20886 Total Vot"" 804
MIKE BYRON DEM 20605 98,65% BRANDON C. OSBORNE LIB 770 95.77%
US REF 49TH. REPUBLICAN REF US REF 51ST. DEMOCRATIC DEM
Total Total
Number of Precincts 231 Number of Prccincts 266
Precincts Reponing 231 100-0 % Precincts Reponing 266 100-0 %
Total Votes 43883 Total VoteS 34603
DARRELLE. ISSA REF 43481 99.08% BOB F1LNER DEM 27498 79.47%
DANIEL C. RAMIREZ DEM 6951 20.09%
US REP 49TH. LIBERTARIAN LIB
Total US REP 51ST - REPUBLICAN REP
Number of Precincts 231 Total
Precincts Reporting 231 100_0 % Number ofPrccincts 266
Total Votes 398 Precincts Reponing 266 100.0 %
LARS R. GROSSMITH LIB 383 96.23% Tollll Votes 23186
MICHAEL GIORGINO REP 15810 68-19%
US REP 50TH - DEMOCRATIC DEM RUBEN R. GARCIA REP 7070 30.49%
Total
Number of Precincts 487 US REF 51ST - LIBERTARIAN LIB
Precincts Reponing 487 100.0 % Total
Total Votes 48206 Number of Precincts 266
FRANCINEP.BUSBY DEM 47600 98-74% Precincts Reponing 266 100.0 %
Total Votes 173
US REP 50TH - REPUBLICAN REP MICHAEL S. METTI LIB 165 95.38%
Total
Number of Precincts 487 US REP 52ND - DEMOCRATIC DEM
Precincts Reporting 487 100-0 % Total
Total Votes 82452 Number ofPrccincts 507
RANDY CUNNINGHAM REP 81854 99.27% Precincts Reporting 507 100.0 %
Totw Votes 43599
US REP 50TH - AM. IND- AIP BRIAN S. IŒllHER DEM 42770 98_10%
Tòral
Number of Precincts 487 US REF 52ND - REPUBLICAN REF
Precincts Reporting 487 100-0 % Total
Tot~l Votes 1213 Number of Precincts 507
DIANE TEMPLIN AIP 1037 85.49% Precincts Reporting 507 100.0 %
Total Votes 83978
US REF 50TH - GREEN GRN DUNCAN HUNTER REF 83638 99-60%
Total
Number of Precincts 487 US REF 52ND - LIBERTARIAN LIB
Precincts Reporting 487 100.0 % Total
Tota) VoleS 720 Number of Precincts 507
GARY M. WMYERS GRN 700 97-22% Precincts Reporting 507 100-0 %
Tol.IIl VOleS 702
MICHAEL BENOIT LIB 671 95-58%
3-5
- =:::~~ ~ ~ - SAN DIEGO REG OF VOTERS .. CHULA VISTA 141004/011
COUNTY OF SAN DIEGO Date:03130/04
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:35
Page;3 of9
Official Results for San Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num.lù:portPrecinctI864 - Num. Reponing 1864 100.00%
us REP 53RD - DEMOCRATIC DEM 66TH STATE ASSEMBLY. DEM
Total DEMOCRATIC Total
Number of Precincts 368 Number of Precincts 65
PrecinCtS Reporring 368 100.0 % Precincts Reporting 65 100.0 %
Total Votes 56210 Total Yotes 4329
SUSAN A. DAVIS DEM 55791 99.25% LAUREL NICHOLSON DEM 4260 98.41%
US REF 53RD - REPUBUCAN REP 66TH STATE ASSEMBLY - REP
Total REPUBUCAN Total
Number of Precincts 368 Number of Precincts 65
Precincts Reporting 368 100.0 % Precincts Reporting 65 lOO,O %
Total Votes 31438 Total Votes 12184
DARIN HUNZEKER REF 30925 98.37% RAY HAYNES REF 12104 99:34%
US REP 53RD - GREEN GRN 66TH STATE ASSEMBLY - LIB
Total LIBERTARIAN Tota!
Numb"" ofPrecinclS 368 Number of Precincts 65
Precincts Reponing 368 100.0 % Precincts Reponing 65 100.0 %
Total Yotes 1085 Total Votes 117
LAWRENCE ROCKWOOD GRN 1000 92,17% JACK N. LEE LIB 113 96.58%
US REF 53RD - LIBERT ARlAN LIB 73RDSTATEASSEMBLY. DEM
Total DEMOCRATIC Total
Numberof~recincts 368 Number of Precincts 83
Precincts Rep_orting 368 100.0 % Precincts Reporting 83 100.0 %
Total Votes 744 Total Votes 9632
ADAM Y AN SUSTEREN LIB 712 95,70% KATHLEEN CALZADA DEM 9477- 98.39%
39THSTATESENATE. DEM 73RD STATE ASSEMBLY - REP
DEMOCRATIC Total REPUBLICAN Total
Number ofPreci"cts 574 Number ofPœcincts 83
Precincts Reporting 574 100-0 % Precincts Rcportin¡¡ 83 100.0 %
Total Votes 82919 Total Vores 16942
CHRISTINE KEHOE OEM 82055 '98.96% MIMI WALTERS REP 6664 39.33%
JIM GIBSON REP 6570 38.78%
39TH STATE SENATE - REI' THOMAS W. WILSON REP 3668 21-65%
REPUBLICAN Tntal
Number of PrecinctS 574 73RD STATE ASSEMBLY - Lll3
Precincts Reporting 574 100.0 % LIBERTARIAN Tota!
Total Votes -- 62273 l'fumbcr of Precincts 83
LARRY STIRLING REP 45536 73.12% Precincts Reporting 83 100.0 %
KEN BOURKE REF 6793 10.91% Total Votes 174
RALPH DENNEY REP 6000 9.63% ANDREWH- FAVOR LIB 167 95.98%
JIM GALLEY REF 3391 5.45%
74TH STATE ASSEMBLY - DEM
39TH STATE SENATE - LIB DEMOCRATIC Total
LIBERTARIAN Total Number ofPtecincts 298
Number of Precincts 574 Precincts Reporting 298 100.0 %
Precincts Reporting 574 100.0 % Total Votes 29592
Total Yotes 1080 KAREN UNDERWOOD DEM 29272 98-92%
JOHN MURPHY LIB 1040 96.30%
- -_":':":':':".~"'~'"~ ._~lEGO REG OF VOTJ;;~CHlrLA VISTA IillOO5/011
COUNTY OF SAN DIEGO Date:03130104
PRIMARY ELECTION - MARCH 2, 2004 Time; 13:49:35
Page;4 of 9
Official Results for San Diego County Only)
RegisteTed Voters 1336353 - Cards Cast 620721 46-45% NUDl- Report Precinct 1864 - Num. Reponing 1864 100-00%
74TH STATE ASSEMBLY - REI' 76TH STATE ASSEMBLY - LIB
REPUBLICAN Total LIBERT ARlAN Total
Number of Precincts 298 Number of Precincts 276
Precincts Reporting 298 100,0 % Precincts Reporting 276 100.0 %
Total Votes 49080 ToW Votes 659
MARK WYLAND REP 48724 99.27% JENNIFER OSBORNE LIB 636 96.51%
74tH STATE ASSEMBLY - LIB 77TII STATE ASSEMBLY. DEM
LIBERTARIAN Tatal DEMOCRATIC Total
Number afPrecincts 298' Number of Precincts 328
Precincts Reporting 298 100.0 % Precincts Reporting 328 100.0 %
Total Votes 482 Total Votes 26986
PAUl. KING LIB 470 97.51% CHRIS LARKIN DEM 26511 9824%
75TH STATE ASSEMBLY - DEM 77THSTATEASSEMBLY. REP
DEMOCRATIC Tota] REPUBLICAN Total
Number of Precincts 335 Number ofPrccinc!S 328
Precincts Reporting 335 100.0 % Precinct; Reporting 328 100.0 %
ToW Vates 29889 Total Votes 49627
KAREN HEUMANN DEM 29655 99.22% JAY LA SUER REP 49295 99.33%
75TH ST-ATE ASSEMBLY - REP 77TH STATE ASSEMBLY - LIB
REPUBLICAN Total LillERTARlAN Total
Numbcr of Precincts 335 Number afPrecincts 328
Prccincts Reporting 335 100.0 % Precincts Rcporting 328 100.0 %
TOtal Votes 47286 ToW Votes '466
GEORGE A. PLESCIA REP 46948 9929%. VIRGlL (RANDY) HALL LIB 450 96.)7%
75TH STATE ASSEMBLY - LIB 78TH STATE ASSEMBLY - DEM
LIBERTARIAN Total DEMOCRATIC Total
Number of Precincts 335 Nwnber of Precincts 289
Precincts Reporting 335 100.0 % Precincts Reporting 289 100.0 %
ToælVotes 514 Total Vates 36519
RIC;HARD J. SENECAL LIB SOl 97.47% PATfYDAVIS DEM 14873 40,73%
ARLIE RICASA DEM 10756 29,45%
76TH: STATE ASSEMBLY. DEM MAXINE SHERARD DEM 10608 29.05%
DEMOCRATIC Total
Number of Precincts 276 78TH STATE ASSEMBLY - REP
Precincts Reporting 276 100.0 % REPUBLICAN Total
Total Votes 452t5 Number of Precincts 289
LORI SALDANA DEM t8350 40,58% Precincts Reporting 289 100.0 %
VINCE HALL DEM 14031 31.03% Total Votes 29948
HEIDI VON SZELISKI DEM 12589 27.84% SHIRLEY HORTON REP 29554 98.68%
76TH: STATE ASSEMBLY. REP 78TH STATE ASSEMBLY - LIB
REPUBLICAN Tota! LIBERTARIAN TOtal
Nwnber of Precincts 276 Number of Precincts 289
PrecinctS Reponing 276 100.0 % Precincts Reporting 289 100.0 %
Total Votes 30731 Tota! Votes 290
TRICIA H:UNTER REP 21622 70.36% JOSH HALE LIB 283 97.59%
Bill STAMPS REP 8773 28.55%
-"""""""'.............'~
A
--"
_...~_:~-':'/.~:~ a5S 6~4 2955--- SAN_DIEGO_REG OF VO.TI;RS ->._CHULA VISTA 141006/011
COUNTY OF SAN DIEGO Date:03130104
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:37
Official Results for San Diego County Only) Page:5 of9
Registered Voters 1336353 - Cards Cast 620721 46.45% Num. Reponprecinct 1864 - Nom- Reporting 1864 100-00%
79TII STATE ASSEMBLY - DEM 76TIIASSEMBLV-DEMOCRATIC DEM
DEMOCRATIC Total CENTRAL COMMITTEE Total
Number of Precincts 180 Number of Precincts 276
Precincts Reponing 180 100.0 % Precincts Reporting 276 100_0 %
Total Votes 22555 TotalVores 137757
JUAN VARGAS DEM 22322 98.97% NANCY E. MilLER DEM 17747 12.88%
GLORlA JOHNSON DEM 17530 12_73%
79TH STATE ASSEMBLY - LIB BILL IRVINE DEM l628t 11.82%
LIBERTARIAN Total JESSE DURFEE DEM 14886 10.81%
Number ofPrcCÙlcts 180 ROBERT D. WILBERG DEM 12799 9.29%
Precincts Reponing 180 100.0 % DAVID B. MOSS DEM 12716 9.23%
Total Votes 136 ELEANOR A- MANG DEM 10933 7-94%
ELI WALLACE CONROE LIB 126 92.65% BRIAN POLEJES DEM 10776 7.82%
LINDA A. READ DEM 9971 7.24%
73RD ASSEMBLY-DEMOCRATIC DEM JANET MEREDITH DEM 9190. 6.67%
CENTRAL COMMIITEE Total DANIEL SMIECHOWSKI DEM 4463 3-24%
Number of Precincts 83
Precincts Reporting 83 100.0 % 78TH ASSEMBL Y -DEMOCRATIC DEM
Tota] Votes 34890 CENTRAL COMMITTEE Total
lENNIFERL. CRUSE DEM 5286 15.15% Number of Precincts 289
RAMONA BYRON DEM 4863 13.94% Precincts Reporting 289 100.0 %
C, C. SANDERS DEM 4645 13.31% Total Votes 107836
NANCY C. CHADWICK DEM 4627 13.26% VERNA KING DBM 15345 14-23%
WILLIE LITTLE DEM 4534 13.00% YVETTE P.-MOORE DEM 14686 13.62%
GWEN SANDERS DEM 4014 11.50% EDWARD G. LEHMAN DEM 12985 12-04%
LAWSON CHADWICK DEM 3915 11.22% DOUGLAS N. CASE DEM 12817 11.89%
BRIAN C. BOYLE DEM 2908 8.33% J. ERIC HEREFORD DEM 11175 10.36%
BONNY LUNDBERG DEM !l058 10.25%
75TH ASSEMBLY-REPUBUCAN REP KEVIN E. DAVIS DEM 10781 10.00%
CENTRAL COMMITTEE Total JERI DILNO DEM 10448 9.69%
Number of Precincts 335 JAMES N, PARKER DEM 7896 7.32%
Precincts R"I'orting 335 100.0 %
Total Votes 181469 78TH ASSEMBLY-REPUBLICAN REP
JOAN GARDNER REP 29598 16.31 % CENTRAL COMMITTEE Total
FRANK KACER REP 28770 15.85% Number of Precincts 289
MERRILEE A. "BOYACK REP 28661 15.79% Precincts Reporting 289 100.0 %
BRANDON M. WATERS REP 28070 15.47% Total Votes 101388
CORINNE FLEM1NG REP 25731 14.18% MICHAEL MCSWEENEY REF 13075 12.90%
DARLENE HANSEN REP 22656 12.48% G. MICHAEL GERMAN' REP 12391 12.22%
RAOUL L CONTRERAS REP 17480 9.63% AUTUMN FRANK REP 12305 12.14%
MATTHEW J. ADAMS REP 11587 11.43%
MICHELE M NASH HOFPREP 11341 11.19%
GARY CASS REP 9232 9.11%
JOSHUA CASS REP 9175 9.05%
MARKS. RAWLINS REP 8998 8_87%
KEN DAVIES REP 7109 7.01%
DENIS C. GRASSKA REP 5611 5.53%
3 --ð
~_u_--~'"".~.'<~-_.~ DIEGO_REG OF VOTE!lli....~ CffiTLA VISTA 141007/011
COUNTY OF SAN DIEGO Date:03/30/04
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49:39
Page;6 of 9
Official Results for San Diego County Only)
Registerod Voters 1336353 - Cards Cast 620721 46.45% Num. Report Precinct 1864 - Nwn. Reporting 1864 100.00%
SUPERIOR COURT- OFFICE 5 DIST- B - SAN DIEGO
Total COMMUNITY COLLEGE DlST- Total
Number or-Precincts 1854 Number of Precincts 149
Precincts Reporting 1854 100.0 % Precincts Reporting 149 100.0 %
Total Votes 464360 . Total Votes 31677
KEVIN A. ENRIGHT 330948 71.27% WILLIAM H. SCHWANDT 21265 67.13%
JAMES 1. MC MILLAN 132482 28.53% JOHN CUBELLO 10365 32-72%
SUPERIOR COURT- OmCE 8 DIST. D - SAN DIEGO.
Total COMMUNITY COILEGE DIST. Total
Number of PrecinctS 1854 Number of Precincts 117
Precincts REponing 1854 tOO.O % Precincts Reporting 117 tOOo %
Total Votes 458609 TolIl! Votes 24603
ROBERT C. COATES 3118t6 69.30% MARTY BLOCK 12105 49.20%
ROBERTT. PLUMB 139940 30.51% KATE KELLY 8781 35.69%
WANDE R. BLEVINS 3626 14.14%
SUPERIOR COURT- OFFICE 24
Total DIST. A - SAN DIEGO UNIFIED
Number of Precincts 1854 Total
Precincts Reporting 1854 100.0 % Number of Precincts 136
Total Votes 463561 Precincts Reporting 136 100.0 %
JOSEPHP- BRANNIGAN 167915 36.22% Total Votes 34563
DAVE HENDREN 104611 22.57% MITZ S.LEE 20149 58.30%
LISA M. LAQUA 101407 21.88% MIYO ElLEN REFF 14338 41-48%
DANIEL J. SULLIVAN 10041 15-11%
EDWARD I_PECKHAM 18978 4.09% DIST. D - SAN DIEGO UNIFIED
Total
1ST DIST- - COUNTY BD OF ED Number of Precincts 86
Total Precincts Reporting 86 100.0 %
Number of Precincts 390 Total Votes 20663
Precincts Reporting 390 100.0 % LUIS ACLE 9661 46.76%
Total Votes 104829 BENJAMIN HUESO 9352 45.26%
JOHN wrrr 15993 72.49%
BRIAN OLSON 28506 21-19% DIST - E - SAN DIEGO UNIFIED
Total
2ND DIST. - COUNTY BD OF ED Number of Precincts 93
Total Precincts Reporting 93 100.0 %
N umber of Precincts 280 Total Votes 18454
Precincts Reporting 280 100.0 % SHARON W--PAYNE 8133 44-07%
Total Votes 57435 SHELIA IACKSON 6671 36.15%
NICK AGUILAR 56905 99-08% MSHINDANYOFU 3592 19.46%
4THDIST. - COUNTYBD OF ED DIST- 1 - BD OF SUPERV1S0RS
Total Total
Number of Precincts 394 Number of Precincts 288
Precincts Roporting 394 100.0 % Precincts Reporting 288 100.0 %
Total Votes 92103 Total Votes 73950
BOB WATKINS 92174 99.43% GREG COX 60721 82.11%
PETRA E. BARAJAS .13076 17.68%
_u~. ~. "~~~~AN DIEGO REG OF VOTER.S ~ CHULA VISTA I4J 008/011
COUNTY OF SAN DIEGO Date:03130104
PRIMARY ELECTION - MARCH 2, 2004 Time: 13:49:39
Page:7 of9
Official Results for San Diego County Only)
Registered VOIeTS 1336353 - Cards Cast 620721 46.45% NUIIl. Report Precinct 1864 ~ Num. Reporting 1864 100,00%
mST. 2 - BD OF SUPERVISORS SAN DIEGO - COUNCil.. DIST. 1
Total Total
Number of Precincts 424 Number of Precincts 134
Precincts Reporting 424 100-0 % Precincts Reporting 134 100.0 %
Total Votes 116058 Total Votes 41260
DlANNEJACOB 114688 98.82% SCOTT PETERS 19983 48.43%
PHIL THALHEIMER 12816 31.06%
DIST. 3 - BD OF SUPERVISORS KATHRYN BURTON 8433 20.44%
Total
Nnmber of Precincts 435 SANDIEGO. COUNCil.. DIST- 3
Precincts Reporting 435 100-0 % Total
Total Votes 109996 Number of Precincts 79
PAM SLATER 109295 99.36% Pre.cincts Reporting 79 100_0 %
Total Votes 26954
CHULA VISTA - COUNCil.. SEAT 3 TONI ATKINS 16273 60.37%
Total . JOHN HARTLEY 8746 32:45%
Number of Precincts 95 GONZALO GARCIA 1898 7.04%
Precincts Reporting 95 100.0 %
Total Votes 25468 . SAN DIEGO - COUNCil.. DIST. 5
JERRY R. RINDONE 25184 98.88% Tor.al
Number ofPrecin~ts 130
CHULA VISTA. COUNCil.. SEAT 4 Precincts Reporting 130 100.0 %
Total TOtal Voles 33207
Number ofPrecinclS 95 BRIAN MAIENSCHEIN 33024 99:45%
Precincts Reporting 95 100.0 %
Total Votes 28884 SAN DIEGO - COUNCil.. DIST- 7
DAN HOM 12014 41.59% Total
STEVEN CASTANEDA 6827 23.64% Number of Precincts 118
RUDY RAMIREZ 6503 22.51% Precincts Reporting 118 100.0 %
ROBERT A. SOLOMON 2799 9.69% Total Votes 30689
JOHNL. NEZOZZI 696 2:41% JIM MADAFFER 20'J77 68.35%
IRENE S.-RODRIGUEZ 9659 31.47%
SAN DIEGO - MAYOR
Total PROP 55 . STATE
Number ofPrccinc¡s 812 PUBLIC ED BOND ACT OF 2004 Total
Precincts Reporting 812 100.0 % Number of Precincts 1854
Total Vntcs 248686 Precincts Reporting 1854 100.0 %
DICK MURPHY 100086 40.25% Tor.al Voles 597199
RON ROBERTS 73223 29.44% NO 313103 52_43%
PETER Q DAVIS 56037 22.53% Y~ 284096 47.57%
JIM BELL 18933 7_61%
PROP 56 -STATE -BUDGET.
SAN DffiaO - CITY ATTORNEY VOTING REQUIREMENTS Total
Total Number ofPr~cincts 1854
Number ofProcinctS 812 Precincts Rcporting 1854 100.0 %
Precincts Reporting 812 100-0 % Total VOtes 595271
Total Votes 227782 NO 434399 72.97%
MICHAEL J- AGUIRRE 104610 45.93% YES 160872 27.03%
LESLffi DEVANEY 63664 27-95%
DEBORAHL. BERGER 59335 26.05%
--.---. --
----- -_:.'::"::"::'::'_~'~~ERS ..CHULAVISTA I4i 009/011
COUNTY OF SAN ÜIEGÖ Date:03i30/04
PRIMARY ELECTION - MARCH 2, 2004 Time:13:49AO
Page'8 of9
Official Results for SaD Diego County Only)
Registered Voters 1336353 - Cards Cast 620721 46.45% Num- Report Precinct 1864 - Num. Reporting 1864 100.00%
PROP 57-STATE PROP E - CITY OF POW A Y
ECON. RECOVERY BOND ACT Total AMEND GENERAL PLAN Total
Number ofPn:cincts 1854 Number of Precincts 34
PrecinclS Roporting 1854 100.0 % Precincts Reporting 34 100-0 %
Total Votes 599257 Total Votes 14812
YES 427557 71.35% NO 12211 82.44%
NO 171700 28,65% YES 2601 17.56%
PROP 58 - STATE PROP F - CITY OF SAN MARCOS
CALIF. BALANCED BUDGET ACT Total AMEND GEN PLAN-RESIDENT Tota)
Number of Precincts 1854 Number ofPrecinclS 34
Precincts Reponing 1854 100.0 % PrecinclS Reporting 34 100.0 %
Total Votes 598211 Total Votes 13401
YES 466842 78,04% YES 8026 59.89%
NO 131369 21-96% NO 5375 40.11%
PROP A - CO OF SAN DIEGO PROP G - CITY OF SAN MARCOS
RURAL LANDS INITIATIVE Total AMEND GENPLAN-RETAIL Total
Number of PrecinclS 1854 Number of Precincts 34
Precincts Reporting 1854 100.0 % PrecinclS Reporting 34 100.0 %
Total Votes 589863 Total Votes 14285
NO 379460 64.33% NO 8705 60.94%
YES 210403 35.67% YES 5580 39.06%
PROP B - CITY OF SAN DIEGO PROP H - GROSSMONT HIGH
PUBLIC WORKS CONTRACTS ToW (REQ 55%) $274M BOND Total
Number of PrecinctS 812 Number of Precincts 312
Precincts Reporting 812 100-0 % Prcciocts Repm:ting 3t2 100.0 %
Total Votes 221482 Total Votos 99029
YES 111008 50-12% YES 61406 62.01%
NO 110474 49.88% NO' 37623 37.99%
PROP C - CITY OF SAN -DIEGO PROP J - SANTEE SCHOOL
(REQ 2/3) INCREASE TOT Total (REQ 2/3) PARCEL TAX Total
Number of Precincts 812 Number of Precincts 47
Precincts Reporting 812 100.0 % Precincts Reporting 47 1000 %
Total Votes 246167 Total Votes 13804
YES 152027 61.76% YES 7568 54.82%
NO 94140 38.24% NO 6236 45-18%
PROP D - CITY OF LA MESA PROP K - RAN SANTA FE SCH
(REQ2I3) $25MBOND Total' (REQ55%) / $4.&MBOND .Total
Number of Precincts 41 Number of Precincts 10
Precincts Reponing 41 100-0 % PTecincts Reporting 10 100.0 %
Total Votes 14757 Total Votes 2238
YES 11313 76.66% YES 14t7 63.32%
NO 3444 23-34% NO 821 36-68%
-/
;:)-
_---=-::.....:-::.~~O~ O~"4 ~_.~DIEGO REG OF VOT¡¡~HULA VISTA I4J 010/011
COUNTY OF SAN DIEGO Datc;03130/04
PRIMARY ELECTION - MARCH 2, 2004 Time; 13:49:42
Page:9 of9
Official Results for San Diego County Only)
.
Registered Voters 1336353 . Cards Cast 620721 46.45% Nom. Report Precinct 1864 - Num. Reporting 1864 100.00%
PROP L.CSA IlO.PALOMAR MTN
(REQ 2/3) SPECIAL TAX Total
Number DfPrecincts 2
Preeincto Reporting 2 100-0 %
TDtaI Votes 128
YES 93 72.66%.
NO .35 27.34%
PROP M - CSA Ill-BOULEVARD
(REQ 2/3) SPECIAL TAX Total
Number DfPreeinc," 4
Precincts Reporting 4 100.0 %
Total Votes 398
NO 226- 56-78%
YES 172 43.22%
PROP 1'1- CSA Il2-CAMPO
(REQ 213) SPECIAL TAX Total
Number DfPr:ecîncts 4
Precincts Reporting 4 100.0 %
Tobi! Votes 336
NO 208 61.90%
YES 128 38.10%
PROP 0 - RAINBOW MWD
$40-9M BOND/IMP- WTR SYS. Total
Number DfPrecincts 24
Precinct> Reporting 24 100.0 %
Total Votes 6313
NO 4537 71.87%
YES 1776 28.13%
PROP P - S.D. RURAL FIRE
(REQ 2/3) TAX, CREATE ZONE Total
Number of Precincts 18
Precincts Reporting 18 100.0 %
Total Votes 3212
YES 2222 . 69.18%
NO 990 30.82%
3-/'L-
---~-_.-
_--.:.~=~"~; ~O%I.~~~4 2955__--.:AN~IEGOREG!JF VO~RL. -; CHULA VISTA 141011/011
SAN DIEGO COUNTY - PRIMARY ELECTION APPENDIX A
MARCH 2, 2004
FINAL- OFFICIAL
WRITE-IN TOTALS
PRESIDENT - DEMOCRATIC
JAMES DAVID JOHN NIGRO, ÆRN PENNA
ALEXANDER- KATARINA
PACE DUN MAR GlACOMUZZI JR.
Q 0 0 0 0
PRESIDENT - PEACE AND FREEDOM
ISRAEL
FEUER
0
PRESIDENT - REPUBLICAN
BLAKE BRADLEY J. RICHARD P. DOC. RICHARD NANCY BILL WYATT
ASHBY BARTON BOSA CASTELLANO ALLEN HOLTZ WARRICK
13 11 2 6 2 39 27
U.S. SENATE - REPUBLICAN 79TH ASSMEBl Y DISTRICT - REPUBLICAN
LOUIS E. GARRICK
lONGORIA WILHELM
10 181
SAN DIEGO UNIFIED SCHOOL DISTRICT
DISTRICT. D
PILAR A, GUADALUPE
AABALLO CORONA
. 772 806
3~
CITY COUNCIL
AGENDA STATEMENT
Item: ~
Meeting Date: 4/6/04
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
authorizing the Chula Vista Nature Center to apply for grant funds from
the Federal Land and Water Conservation Fund Program administered
by the State of California Department of Parks and Recreation; and
Appointing the Nature Center Director as the City's agent to execute
related agreements with the State if a grant is awarded.
SUBMITTED BY: Natom Coote, D;""'#
REVIEWED BY: City ManagerC It ""
{"D' (4/5ths Vote: Yes- NolU
The Chula Vista Nature Center's interior exhibit remodel project is eligible for consideration to
receive grant funds through the Federal Land and Water Conservation Fund Program
administered by the State of California Department of Parks and Recreation. A resolution of the
City Council authorizing the Nature Center's grant application and designating the City's
representative is a required element of the submittal.
RECOMMENDATION: That the City Council adopt the resolution authorizing the Chula Vista
Nature Center to apply for grant funds from the State of California and
appoint the Nature Center Director as the City's agent to execute related
agreements with the State of California if a grant is awarded.
BOARDS/COMMISSIONS RECOMMENDATION: The Nature Center Board of Trustees
endorsed the grant application at their meeting of March 18, 2004.
DISCUSSION:
The Federal Land and Water Conservation Fund Program (LWCF) is intended to make funds
available for the acquisition and enhancement of outdoor recreation areas and facilities. The
Chula Vista Nature Center's approved interior exhibit remodel CIP project (GG-175) is eligible
for consideration to receive grant funds in its primary capacity as an indoor facility which
supports outdoor recreation in the immediate vicinity (nature trails, marsh interpretation, etc.)
Nature Center staff and the Friends of the Chula Vista Nature Center have been raising funds
for this project - known as the Discovery Center - for over two years. While it is anticipated that
the design and construction budget will be set at approximately $750,000, $330,000 has already
been raised from various sources. Solid commitments have also been tendered for an
additional $150,000 at this early point in the fundraising process.
Staff is requesting $125,000 from LWCF - the guideline maximum request. If this proposal is
successful, the City's estimated share of the project would be reduced from approximately
$250,000 to $125,000.
Lf - /
.- ----.----. ~
Item #: ---1.....
Meeting Date: 4/6/04
As with previous grants administered by the State, local agency applicants are required to fund
the project, and the grant funds are made available on a reimbursement basis.
A resolution of the City Council authorizing the Nature Center's grant application and
designating the City's representative is a required element of the submittal. Additionally, the
LWCF guidelines require:
1. Certification that the City has matching funds and can finance 100% of the Project, up to
half of which will be reimbursed; and
2. Certification that the Project is compatible with the land use plans of neighboring
jurisdictions.
The application deadline to the State of California is May 1, 2004.
As with previous submittals, it is proposed that the Nature Center Director, Daniel D. Beintema,
be designated as the agent for this project. Staff would, of course, return to the City Council for
appropriation of the grant funds and processing of any required documents.
FISCAL IMPACT:
There is no fiscal impact created by this action. If the grant is awarded, the City would realize
revenues to help fund this project, significantly reducing the need for City funds. Currently,
approximately $330,000 of the likely $750,000 has been raised. For the balance, Nature Center
staff and volunteers are in the process of developing financial participation from the Friends of
the Chula Vista Nature Center in terms of a small capital campaign, from the County, from the
US Fish and Wildlife Service, and from other local grant making agencies.
Lf-2
COUNCIL RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CHULA VISTA
NATURE CENTER TO APPLY FOR GRANT FUNDS FROM
THE FEDERAL LAND AND WATER CONSERVATION FUND
PROGRAM ADMINISTERED BY THE STATE OF
CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION; AND APPOINTING THE NATURE CENTER
DIRECTOR AS THE CITY'S AGENT TO EXECUTE
RELATED AGREEMENTS WITH THE STATE IF A GRANT IS
AWARDED
WHEREAS, the Federal Land and Water Conservation Fund Program (LWCF) is
intended to make funds available for the acquisition and enhancement of outdoor recreation areas
and facilities; and
WHEREAS, the Chu1a Vista Nature Center's approved interior exhibit remodel CIP
project (GG-175) is eligible for consideration to receive grant funds in its primary capacity as an
indoor facility which supports outdoor recreation in the immediate vicinity (nature trails, marsh
interpretation, etc.); and
WHEREAS, the Nature Center Board of Trustees endorsed the grant application at their
meeting of March 18, 2004; and
WHEREAS, Nature Center staff and the Friends of Chu1a Vista Nature Center have been
raising funds for this project, known as the Discovery Center, for over two years; and
WHEREAS, with the addition of up to $125,000 from LWCF, the project would require
less City capital investment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a
Vista does hereby authorize the Chu1a Vista Nature Center to apply for grant funds from the
Federal Land and Water Conservation Fund Program administered by the State of California
Department of Parks and Recreation; and Appointing the Nature Center Director as the City's
agent to execute related agreements with the State is a grant is awarded.
Presented by Approved as to form by
Dan Beintema
Nature Center Director
-"IAttomeyIRe,",IGmotsINotuce Ce"',, Gca,,' LWCF
1
Lf-3
-------
COUNCIL AGENDA STATEMENT
Item 5'
Meeting Date 4/6/04
ITEM TITLE: Resolution Appropriating $800,000 from the available
balance of the General Fund to reimburse the Workers'
Compensation Fund for workers' compensation claims
expenditures through the end of the fiscal year
SUBMITTED BY: Director of Human Resources /W---
Director of Finance/)K.
REVIEW BY: City ManageÄþ 91' (4/Sths Vote: Yes X No_)
Workers' compensation legislatively mandated benefit increases and extraordinary claim costs
have resulted in a shortfall of funds available to cover claims expenses through the end of the
fiscal year. This appropriation and the associated allocation of funds will cover these costs.
RECOMMENDATION: Appropriate $800,000 from the available balance of the General
Fund to reimburse the Workers' Compensation Fund for workers'
compensation claim expenditures through the end of the fiscal
year
BOARDS/COMMISSIONS RECOMMENDATION: NjA
BACKGROUND: The impact of legislatively mandated workers' compensation benefit
increases have been greater than estimated when preparing the current year's budget. As a
result actual claims related expenses are significantly exceeding budget projections. In order to
pay workers' compensation claim expenses through the end of this fiscal year the requested
appropriation is necessary.
FISCAL IMPACT: The net fiscal impact to the General Fund is $372,400. This is due to the
recent receipt of reimbursements from our excess workers' compensation insurance policy for
claim expenses in excess of the City's deductible. The Workers' Compensation Fund budget will
be increased by $800,000 to fund the increased workers' compensation claim expenses. The
General Fund through the allocated costs to various departments will reimburse the Workers'
Compensation Fund. These costs are allocated to the departments based on actual workers'
compensation expenditures for the year to date and are included in Attachment A.
5-1
_._~~~------- -
Allachment A
Page 1 of 2
WORKERS COMPENSATION DISTRIBUTION REPORT: ESTIMATED ADDITIONAL
FOR FISCAL YEAR 2003t2004
Projected
5YR FYO3/04
TOTAL Addt'l for
ORG KEY DEPTtACTV NAME PERCENT Actual Claims
03100 CITY CLERK OPERATIONS 0.0645% 516
05100 CITY ADMINISTRATION 0.0067% 54
05700 OFFICE OF BUDGET & ANAL YSYS 0.0074% 60
05810 ADMIN SPECIAL OPERATIONS 0.0477% 382
06150 MICROCOMPUTERS 0.0031% 24
06170 MIS PROGRAMMING (DATA PROCESS) 0.0227% 181
06300 GEOGRAPHIC INFORMATION SYSTEMS 0.1292% 1,034
07310 HUMAN RESOURCES OPERATIONS 0.2222% 1,777
07730 LIABILITY 0.2233% 1,787
07750 BENEFITS 0.2338% 1,870
07780 DISABILITY MANAGEMENT 0.0016% 13
08300 FINANCE OPERATIONS 0.1026% 821
08500 TREASURY (COLLECTIONS) 0.0174% 139
08700 PURCHASING 0.1351% 1,081
10730 CONSTRUCTION & REPAIR 0.2895% 2,316
10750 CUSTODIAL SERVICES 0.6464% 5,171
11100 COMMUNITY DEVELOPMENT ADMIN 0.1753% 1,403
12333 BUILDING FIELD INSPECTION 0.7282% 5,825
12350 CODE ENFORCEMENT 0.0386% 309
12531 DEVELOPMENT PLANNING 0.0038% 31
12551 LONG RANGE PLANNING 0.0007% 6
13230 DIF/ADMIN/ASSESSMENT DISTRICT 0.0025% 20
13330 DESIGN 0.0417% 334
13350 DC SURVEYING 0.0693% 554
13530 DC INSPECTION 0.0820% 656
13720 SUBDIVISIONS 0.0140% 112
13730 TRAFFIC ENGINEERING 0.0024% 19
13740 PERMITS 0.0026% 21
13790 TRAFFIC SIGNAL/ST. LIGHT MAl NT. 0.0200% 160
14100 POLICE ADMINISTRATION 1 .6026% 12,821
14221 PATROL GENERAL FUND 36.0980% 288,784
14226 UNIVERSAL HIRE GRANT 0.0067% 54
14241 TRAFFIC ENFORCEMENT 1.2025% 9,620
14242 PARKING ENFORCEMENT 0.2143% 1,714
14245 TRAFFIC STOP PROGRAM 0.0051% 40
14257 COMMUNITY RELATIONS 0.1155% 924
14260 POLICE COMMUNICATIONS 0.6986% 5,589
14321 INVESTIGATION GENERAL 3.6419% 29,135
14326 CRIME ANALYSIS UNIT 0.3965% 3,172
14330 JUVENILE 0.1054% 844
14341 SCHOOL RESOURCE 0.0384% 307
14345 HIGH SCHOOL SRO 0.2466% 1,973
14347 COPS IN SCHOOL 1999 0.0860% 688
14350 FAMILY PROTECTION UNIT 0.0583% 467
14361 CRIMES OF VIOLENCE 0.1430% 1,144
14363 JUDGE GRANT 0.0058% 46
£-2
Attachment A
Page 2 of 2
WORKERS COMPENSATION DISTRIBUTION REPORT: ESTIMATED ADDITIONAL
FOR FISCAL YEAR 2003/2004
Projected
5YR FYO3/04
TOTAL Addt'l for
ORG KEY DEPTIACTV NAME PERCENT Actual Claims
14411 POLICE ADMIN SERVICES GENERAL 1.6230% 12,984
14415 LLEBG Grant 0.0263% 210
14430 RECORDS 0.5370% 4,296
14440 INTERNAL AFFAIRS 0.7238% 5,791
14510 SPECIAL INVESTIGATIONS UNIT 0.0061% 49
14521 NARCOTICS ENFORCEMENT TEAM 1.1048% 8,838
14523 OP ALLIANCE/MARINE/MAJOR MEX. DR. 0.1521% 1,217
14560 SVPP 0.9249% 7,399
14600 POLICE CBAG 0.1968% 1,574
14700 ANIMAL CONTROL 1 .5893% 12,714
15700 FIRE SUPPRESSION 24.2854% 194,284
16710 OPERATIONS ADMINISTRATION 0.2662% 2,130
16723 STRIPING & SIGNING 0.1464% 1,171
16731 STREET MAINTENANCE 1.3604% 10,883
16740 URBAN FORESTRY MAINTENANCE 0.7846% 6,277
16751 WASTEWATER OP ADMINISTRATION 0.0014% 11
16753 WASTEWATER MAINTENANCE 6.3681% 50,945
16755 LIFT STATION/POOL MAINTENANCE 0.0138% 110
16757 STORM DRAIN MAINTENANCE 0.3305% 2,644
16781 PARK OPERATIONS ADMINISTRATION 0.0155% 124
16783 PARK MAINTENANCE 6.9713% 55,770
16785 J ST. MARINA 0.8340% 6.672
16791 OPEN SPACE ADMINISTRATION 0.0587% 470
17100 RECREATION ADMINISTRATION 0.0233% 187
17320 PARKWAY POOL 0.0546% 437
17330 LOMA VERDE POOL 0.0611% 489
17370 YOUTH ATHLETICS 0.2938% 2,350
17510 NORMAN PARK CENTER 0.1009% 807
17530 THERAPEUTICS 0.0231% 185
17570 MIDDLE SCHOOL PROGRAM 0.0408% 327
17710 OTAY RECREATION CENTER 0.0084% 67
17730 LOMA VERDE REC CENTER 0.0402% 322
17740 PARKWAY REC CENTER 0.0001 % 1
18100 LIBRARY & REC ADMINISTRATION 0.0736% 589
18311 LIBRARY ADMINISTRATION 0.0656% 525
18321 MANAGEMENT 0.9309% 7,447
18355 CIVIC CTRICIRCULATION 0.0034% 27
18365 SO. CHULA VISTA/CIRCULATION 0.0015% 12
18911 ELEMENTARY AFTER SCHOOL 1.3479% 10.783
18912 STRETCH PROGRAM 0.0087% 69
19100 BCT 0.0099% 79
24110 PARKING METER 0.5317% 4,253
39120 CENTRAL GARAGE OPERATIONS 0.0604% 483
TOTALS 100.0000% 800,000.00
ti-3
.---.-----" " "--
RESOLUTION NO. 2004-~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $800,000 FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND TO
REIMBURSE THE WORKERS' COMPENSATION FUND FOR
WORKERS' COMPENSA nON CLAIMS EXPENDITURES
THROUGH THE END OF THE FISCAL YEAR
WHEREAS, Workers' Compensation legislatively mandated benefit increases and
extraordinary claim costs have resulted in a shortfall of funds available to cover claims through the
end of the fiscal year; and
WHEREAS, the impact of legislatively mandated benefit increases were
underestimated resulting in actual claims expenses significantly exceeding budget expectations; and
WHEREAS, the increased appropriation will be allocated to the various operating
departments based on the fiscal year to date workers' compensation claim experience; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chu1a Vista does hereby appropriate $800,000 from the available balance of the General Fund and
appropriating $800,000 in the Workers' Compensation Fund and amending the Fiscal Year 2003/04
General Fund Operating Budget in various departments to fund workers' compensation expenses
through the end of the fiscal year.
Presented by Approved as to form by
Marcia Raskin
Director of Human Resources
J,AttomeyIRcsoIF;n"nceIWorkers Comp""a¡;on 2004
5-L(
- -_.~~---_..._--
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 04/06/04
ITEM TITLE: Resolution Ratifying City staff's actions approving Change
Order Nos. 10 and 11 associated with the "H Street Reconstruction, 1-5 to
Broadway (STM-334)" Project and authorizing the Director of Public Works
Operations to execute said change orders on behalf of the City
Resolution Authorizing the Director of Public Works
Operations to approve any future change orders, commencing with Change
Order No. 12, in the maximum cumulative additional total of$135,080 under
Council Policy 574-01 for the "H Street Reconstruction, 1-5 to Broadway
(STM-334)" Project
SUBMITTED BY: Director of Public Works Operations~
REVIEWED BY: CityManager~í7r' (4/SthsVote:Yes- No.xJ
On June 25, 2002, the City Council approved Resolution No. 2002-223 awarding a contract in the
amount of$2,241,589 to Shiva Construction, Incorporated, for the "H Street Reconstruction, 1-5 to
Broadway (STM-334)" Project. In order to open the entire roadway to the public during the 2003
Holiday Season, staff directed the contractor to construct temporary traffic pavement lanes to meet
the new concrete traffic pavement that was already in place in the eastbound and westbound outside
trave11anes. Approval of the first resolution will ratify staff's actions in approving the Change Order
Nos. 10 and 11 totaling $110,400. Approval of the second resolution will give the Director of Public
Works Operations authorization to approve any future change orders through the remaining course of
construction for this project in the maximum aggregate cumulative total of$135,080, as set forth in
City Council Policy No. 574-01.
RECOMMENDATION: That Council approve the resolutions:
1) Ratifying City staff s actions in approving Change Order Nos. 10 and 11 associated with the
"H Street Reconstruction, 1-5 to Broadway (STM-334)" Project and authorizing the Director
of Public Works Operations to execute said change orders on behalf ofthe City, and
2) Authorizing the Director of Public Works Operations to approve any future change orders,
commencing with Change Order No. 12, in the maximum cumulative additional total of
$135,080 under Council Policy 574-01 for the "H Street Reconstruction, 1-5 to Broadway
(STM-334)" Project
BOARDS/COMMISSIONS RECOMMENDATION: N/A
(a-I
Page 2, Item C
Meeting Date 04/06/04
DISCUSSION:
The construction of the subject project has been performed in several phases. Curb, gutter and
sidewalks were installed, as well as portions of concrete pavement in both directions. Other
permanent and temporary structures have also been constructed. In addition, a number of changes
were necessary to complete the work and several change orders have been approved and processed to
date during the course of construction. Work is scheduled for completion in early May 2004.
Proposed Change Order No.1 0, in the amount of $64,200, was necessary in order to completely
open the roadway to the public during the 2003/2004 Holiday Season. The project, located in one of
the City's most heavily traveled streets, was suspended to give adjacent businesses and motorists
unimpeded traffic flow and access during the 2003 Holiday Season. The work involved grinding the
existing pavement and constructing temporary lanes to meet the new concrete traffic pavement that
was already in place in the eastbound and westbound outside travel lanes. The installation of
temporary asphalt concrete throughout the project, as well as additional striping, legends, and other
markings were also required to safely open the roadway during this period. This work was
temporary in nature. It must be noted that, although the work was completed in November 2003,
much of the work had to be performed on a "time and material" basis and staff completed its
evaluation of actual contractor costs and subsequent negotiations regarding final compensation with
the contractor in late-February 2004.
Proposed Change Order No. 11, in the amount of $46,200, is for the added cost of using special
"ruby red" aggregate to achieve the "DNA" architectural design pattern in the median and to
replicate one of the "DNA strands" in the crosswalks. Proposed Change Order No. II changes the
method of constructing the "DNA" design in the concrete median. The design consists of two
separate and very intricate colored patterns, a two-color weave pattern (DNA strands) and a two-
color rectangular pattern. As originally planned, the pattern was to be achieved by building separate
concrete forms and using "dust on" colors on the concrete. Construction of this pattern using this
method would have been very lengthy and would not have provided a durable concrete pavement.
This change order covers the additional cost of using special "ruby red" aggregate needed to achieve
the distinctive "DNA" design pattern, as well as changes in the overall method of construction of the
colored concrete patterns. By using this method, the patterns will be more visible and durable, and
will assure the structural integrity of the concrete pavement.
Proposed Change Order No.1 0, in the amount of $64,200.00, brings the total cumulative change
order amount to $173,305, which is over the amount set in the Council Policy 574-01. The policy
authorizes the Director of Public Works to approve change orders that increase or decrease the base
contract by $50,000 or less, up to a maximum cumulative amount of all change orders based upon
the base contract amount. The cumulative change order limit for this project is $135,080. All change
orders of more than $50,000 (additive or deductive) or which cause the Director's maximum
cumulative change order authority to be exceeded require City Council approval.
Staff has approved change orders up to the limits contained within the Council Policy and now
presents Proposed Change Order No. 10 and II for Council's consideration and ratification of staffs
actions in authorizing the contractor to proceed with this work so as not to further delay completion
b-2
Page 3, Item &
Meeting Date 04/06/04
of the contract work. Proposed Change Order Nos. 10 and 11 and prior change orders for the project
are summarized as follows:
Change Order Description Authorization Amount
Original Contract as Awarded by City Council Council Resolution $2,241,589.00
(Base Contract) on June 25, 2002 2002-223
1 Relocate Backflow Preventer Dir. ofEngineering* $600.00
Additional workdays due to delay in
2 right-of-way acquisition. 30 Dir. ofEngineering* $0.00
additional davs.
3 Remove garden wall and replace with Dir. ofEngineering* $800.00
D1antin!!s.
Driveway removal, installation of
4 concrete planter curb and traffic Dir. ofEngineering* $39,500.00
control. 17 additional davs
Removal/Rep1acement of concrete
pavement in private driveway,
5 additional storm water pollution Dir. ofEngineering* $47,725.00
control measure and traffic control. 11
additional days.
6 Relocate existing Backflow Preventer Dir. ofEngineering* $2,750.00
and install enclosure.
7 Workdays added for additiona11ine Dir. ofPWOPS* $0.00
items work. 42 additional days.
Demobilization for suspension of
8 work and maintenance of traffic Dir. ofPWOPS* $5,000.00
controls during the 2002/2003 and
2003/2004 Holiday Seasons
9 Raised concrete median and Dir. ofPWOPS* $12,730.00
appurtenances. 10 additional days.
Work necessary for opening street Proposed for City
10 to traffic during the 2003 Holiday Council Approval $ 64,200.00
Season. 14 additional days.
Cost to change the material and
11 application method to the two color Proposed for City $ 46,200.00
design patterns on the sidewalk and Council Approval
crosswalks.
Total $219,505.00
* Per CitY Council Policy No. 574-01.
Because staffis aware ofthe necessity of further change orders through the remaining course of the
construction, such as landscaping and irrigation modification, staff is requesting that the Director of
Public Works Operations be authorized to approve future anticipated change orders, commencing
(Ó-3
Page 4, Item &
Meeting Date 04/06/04
with Change Order No. 12, in the maximum cumulative additional amount of $135,080 for this
project per Council Policy 574-01.
FISCAL IMPACT:
Proposed Change Order Nos. 10 and 11 for $64,200.00 and $46,200, respectively, and previous
Change Orders Nos. 1 through 9, totaling $109,105.00, changed the total contract amount of
$2,241,589.00 to $2,461,094.00. There are sufficient funds available in the contract contingency
balance to cover the cost of these change orders and future anticipated change orders.
Attachment: A - Proposed Change Order No.1 0
Attachment: B - Proposed Change Order No. 11
MC/KPA/mc
File No.: STM334
Citywide Shared 2000 H:\Public Works Operations\AI13's 2004\STM224_At 13_CCO 10 & ll.mc.doc
fe-If
~(ft.. ATP\- C Jf /v{/Þ-I-r kA ~
--.-
.~ -~
£5::S:~
CITY OF
CHUlA VISTA
DEPARTMENT OF PUBLIC WORKS OPERATIONS
March 11,2004
0735.10-STM334
CONTRACT CHANGE ORDER NO. 10 (ADDITIONAL ITEMS OF WORK)
CONTRACT: "H" STREET RECONSTRUCTION, 1-5 TO BROADWAY IN THE CITY OF CHULA VISTA
CONTRACTOR: SHIVA CONSTRUCTION, INC.
The following changes shall be made to the above referenced contract (Resolution No. 2003.223, dated June 25.
2002) between the CITY OF CHULA VISTA and SHIVA CONSTRUCTION. INC. (contractor):
ADJUSTMENT OF COMPENSATION AT AGREED PRICE:
The following work was done due to the suspension of work during the 2003 holiday season. This work was done
in preparation for opening lhe slreet for a full road-width use, which consists of lhe construction of temporary
lanes with asphall concrete (AC.) pavement and other temporary improvements. All incidenlal costs associated
with the installation and removal of all temporary improvements, including mobilization, milling. trucking. traffic
control, and other work necessary to make lhe street operational and clean is including in this item.
Conslruct and remove temporary lanes @ LS $ 35,000.00
Temporary A.C. paving, 205TN @$120.00ITN $ 24,600.00
Temporary Striping @ LS $ 4,600.00
Contract Change Order No. 10 Net Cost $ 64,200.00
The adjustment of contract time for this change order will be 14 DAYS.
ORIGINAL CONTRACT PRICE: $2,241,589.00
PREVIOUS CHANGE ORDERS: $ 109,105.00
THIS CHANGE ORDER: $ 64.200.00
REVISED TOTAL CONTRACT PRICE: $ 2,414,894.00
The agreed upon lump sum prices include all costs for furnishing all tools, labor, malerials, equipment, incidental
costs, profit and fees for performing the work in this contract change and no additional compensation will be due. It
is agreed by the undersigned that this work shall be performed and materials furnished in accordance wilh the
original contract, Green Book specificali s, newly provid ~ '"' "'-""', æ' """""" ,"'""",
drawings.
;j/~
ORDERED BY APPROVED BY
WILLIAM A ULLRICH DAVID BYERS
Ass!. Director of PWOPS Director of PWOPS
J:IEngineerIINSPECnAa-inspectorsIBettISTM334IH Street Change Order 1 O.doc
cé-5
1800 MAXWELL RD.' CHULA VISTA' CALIFORNIA 91911 . (619) 397-6000
@PoMoo,"mecRecycledP",ec
. ------- -.----
A~ffir Íb ~
~~lt-
-.-
.~ ~
¡;;:..;¡¡:~
-- -""'-
cm OF
(HUlA VISTA
DEPARTMENT OF PUBLIC WORKS OPERATIONS
March 11, 2004
0735-10-STM334
CONTRACT CHANGE ORDER NO. 11 (CHANGE IN LINE ITEM)
CONTRACT: "H" STREET RECONSTRUCTION, 1-5 TO BROADWAY IN THE CITY OF
CHULA VISTA
CONTRACTOR: SHIVA CONSTRUCTION,INC.
The following changes shall be made to the above referenced contract (Resolution No. 2003-223,
dated June 25, 2002) between the CITY OF CHULA VISTA and SHIVA CONSTRUCTION, INC.
(contractor):
ADJUSTMENT OF COMPENSATION AT AGREED UNIT PRICE:
Ruby Red Rock cost added to achieve the architectural flat medians and crosswalks DNA design.
Add 14,500 SF @ $3.30/SF $ 46,200.00
Contract Change Order No. 11 Net Cost $ 46,200.00
The adjustment of contract time for this change order will be 0 DAYS.
ORIGINAL CONTRACT PRICE: $ 2,241,589.00
PREVIOUS CHANGE ORDERS: $ 173,305.00
THIS CHANGE ORDER: $ 46.200.00
REVISED TOTAL CONTRACT PRICE: $ 2,461,094.00
The agreed upon lump sum prices include all costs for furnishing all tools, labor, materials, equipment,
incidental costs, profit and fees for performing the work in this contract change and no additional
compensation will be due. It is agreed by the undersigned that this work shall be performed and
materials furnished in accordance with the original contract, Green Book specifications, newly
provided plans and specifications, and appl ble standar r wings.
~
ORDERED BY APPROVED BY
WILLIAM A. ULLRICH DAVID BYERS
Ass!. Director of PWOPS Director of PWOPS
J:IEngineerIINSPECnAa-inspectorsIBettISTM334IH Street Change Order 11.doc
(ó-b
1800 MAXWEll RO.' CHULA VISTA. CALIFORNIA 91911 . (619) 397-6000
@ P"-Co""", Rffyd,d P'p"
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NOS. 10 AND
11 ASSOCIATED WITH THE "H STREET
RECONSTRUCTION, 1-5 TO BROADWAY (STM-334)"
PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS OPERATIONS TO EXECUTE SAID CHANGE
ORDERS ON BEHALF OF THE CITY
WHEREAS, on June 25, 2002, the City Council approved Resolution No. 2002-223
awarding a contract in the amount of $2,241,589 to Shiva Construction, Inc., for the "H Street
Reconstruction, 1-5 to Broadway (STM-334)" project; and
WHEREAS, the Director of Public Works has approved (pursuant to Council Policy 574-
0 1) several change orders to date during the course of construction; and
WHEREAS, in order to open the entire roadway to the public during the 2003 holiday
season, staff directed the contractor to construct temporary traffic pavement lanes to meet the
new concrete traffic pavement that was already in place (Change Order No.1 0); and
WHEREAS, although the temporary construction was completed in November 2003,
much ofthe work had to be performed on a "time and material" basis and the final compensation
due was not made available to staff until late-February 2004; and
WHEREAS, staff has approved change orders up to the limits contained within Council
Policy 574-01 and now presents Proposed Change Order No. 10 and 11 for the City Council's
consideration and ratification of staffs actions in authorizing the contractor to proceed with this
work so as to protect the public's health, safety, and welfare and avoid the possibility of the
contractor submitting a claim for delay; and
WHEREAS, Proposed Change Order Nos. 10 and 11 and prior change orders for the
project are summarized as follows:
Change Order Description Authorization Amount
Original Contract as Awarded by City Council Council Resolution
(Base on June 25, 2002 2002-223 $2,241,589.00
Contract)
1 Relocate Backflow Preventer Dir. ofEngineering* $600.00
Additional workdays due to delay in
2 right-of-way acquisition. 30 Dir. ofEngineering* $0.00
additional days.
3 Remove garden wall and replace with Dir. ofEngineering* $800.00
v1antings.
{oA -I
---~----~.-
Change Order Description Authorization Amount
Driveway removal, installation of
4 concrete planter curb and traffic Dir. of Engineering* $39,500.00
control. 17 additional days
RemovaVReplacement of concrete
pavement in private driveway,
5 additional storm water pollution Dir. ofEngineering* $47,725.00
control measure and traffic control. 11
additional days.
6 Relocate existing Backflow Preventer Dir. ofEngineering* $2,750.00
and install enclosure.
7 Workdays added for additiona11ine Dir. ofPWOPS* $0.00
items work. 42 additional days.
Demobilization for suspension of
8 work and maintenance of traffic Dir. ofPWOPS* $5,000.00
controls during the 2002/2003 and
2003/2004 Holiday Seasons
9 Raised concrete median and Dir. ofPWOPS* $12,730.00
appurtenances. 10 additional days.
Work necessary for opening street Proposed for City
10 to traffic during the 2003 Holiday Council Approval $ 64,200.00
Season. 14 additional davs.
Cost to change the material and
11 application method to the two color Proposed for City $ 46,200.00
design patterns on the sidewalk and Council Approval
crosswalks.
Total $219,505.00
* Per City Council Policy No. 574-01.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a Vista
does hereby approve the Change Order Nos. 10 and 11 associated with the "H Street
Reconstruction, 1-5 to Broadway (STM-334)" Project and authorizes the Director of Public
Works Operations to execute said change orders on behalf of the City.
Presented by Approved as to form by
D~ 1, ~F'IL
Dave Byers Ann Moore
Director of Public Works Operations City Attorney
J:lattorney\cesolfi"a"celApprove Otay change orde" 10 & 11
2
ti:>A-L
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS OPERATIONS TO APPROVE ANY FURTHER
CHANGE ORDERS, COMMENCING WITH CHANGE ORDER
NO. 12, IN THE MAXIMUM CUMULATIVE ADDITIONAL
TOTAL OF $135,080 UNDER COUNCil- POLICY 574-01 FOR
THE "H STREET RECONSTRUCTION, 1-5 TO BROADWAY
(STM-334)" PROJECT
WHEREAS, on June 25, 2002, the City Council approved Resolution No. 2002-223
awarding a contract in the amount of$2,241,589 to Sliva Construction, Incorporated, for the "H
Street Reconstruction, 1-5 to Broadway (STM-334)" Project; and
WHEREAS, the Director of Public Works has approved (pursuant to Council Policy 574-
0 1) several change orders to date during the course of construction; and
WHEREAS, the project is scheduled for completion in early May of 2004; and
WHEREAS, staff is aware of the necessity of further change orders through the
remaining course of the construction, such as landscaping and irrigation modification, therefore
staff is requesting that the Director of Public Works Operations be authorized to approve future
anticipated change orders, commencing with Change Order No. 12, in the maximum cumulative
additional amount of$135,080 for this project per Council Policy 574-01; and
WHEREAS, the delay associated with bringing the remaining change orders to the City
Council for approval may slow the work on the project causing increased cost to the City and
result in a significant delay in completion of the project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a Vista
does hereby authorize the Director of Public Works Operations to approve any future change
orders, commencing with Change Order No. 12, in the maximum cumulative additional total of
$135,080 for the "H Street Reconstruction, 1-5 to Broadway (STM-334)" Project.
Presented by Approved as to form by
UCi.-- '7. t-I---c.--.fOlL
Dave Byers Ann Moore
Director of Public Works Operations City Attorney
nattomeyl.-esoltïnancelAppmve Otay change oroe,- 12
bB-1
COUNCIL AGENDA STATEMENT
Item 1
Meeting Date: 04/06/04
ITEM TITLE: Resolution Appropriating all available funds ftom the "Traffic
Congestion Relief Fund" balance, and authorizing staff to expend these funds
for a street rehabilitation project.
Resolution Accepting bids, authorizing staff to increase value of
contract to expend all available funds, and awarding contract for the
"Pavement Rehabilitation Program FY 2004 - Overlay - in the City of Chu1a
Vista, California (STL-293)" project.
SUBMITTED BY: Director of General services~
REVIEWED BY: C' M Cþ (4/Sths Vote: Yes.xNo~
Ity anagerX"O"" On October 13, 2000, cities statewide were issued grants by the State Controller provided by
Assembly Bill 2928 (AB2928) "Traffic Congestion Relief Fund." These monies must be used only
for street and highway pavement maintenance, rehabilitation and reconstruction of necessary
associated facilities such as drainage and traffic control devices. A balance of unencumbered funds
remains in the account.
On March 10, 2004, the Director of General Services received sealed bids for the "Pavement
Rehabilitation Program FY 2004 - Overlay.. in the City of Chu1a Vista, California (STL-293)"
project. The scope of work consists of pavement rehabilitation of Moss Street from Fifth Avenue to
Third Avenue using Asphalt Concrete (AC) pavement. The work to be done includes removal and
repaving of selected street areas, cold milling, crack sealing, AC pavement overlay, replacement of
traffic signal loop detectors, traffic control, striping and marking, and other miscellaneous items of
work.
RECOMMENDATION:
1. That Council authorize the appropriation of all available funds ftom the Traffic Congestion
Relief Fund to the Capital Improvement Project "Pavement Rehabilitation Program FY 2004
- Overlay- in the City OfChula Vista, California (STL-293)".
2. That Council accept bids and award the contract for the "Pavement Rehabilitation Program
FY 2004 - Overlay - in the City of Chu1a Vista, California (STL-293)" project to Frank &
Son Paving, Inc. ofChula Vista, California for $174,900.00.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Funds allocated to a city under this bill shall be used only for street and highway
maintenance, rehabilitation, reconstruction, and stonn damage repair, within public right-of-way.
7-}
Page 2, Item L
Meeting Date: 04/06/04
For purposes of this bill, the following tenus have the following meanings:
. "Maintenance" means either or both of the following:
0 Patching.
0 Overlay and sealing.
. "Reconstruction" includes any overlay, sealing, or widening of the roadway, if the
widening is necessary to bring the roadway width to the desirable minimum width, but
does not include widening for the purpose of increasing the traffic capacity of a street or
highway.
. "Stonn damage repair" is repair or reconstruction of local streets and highways and
related drainage improvements that have been damaged due to winter stonns and
flooding, and construction of drainage improvements to mitigate future roadway flooding
and damage problems, in those jurisdictions that have been declared disaster areas by the
President of the United States.
The bill requires that funds transferred be deposited in a local account in order to avoid the
commingling of the funds with other local funds and that the funds be used only for street and
highway maintenance, rehabilitation, reconstruction, and stonn damage repair, as defined. The
allocation shall be expended not later than the end of the fiscal year following the fiscal year in
which the allocation was made, and any funds not expended within that period shall be returned to
the Controller.
The total amount of funds received to date is $2,207,963.96. Of that amount, $2,020,251.00 were
spent for various CIP projects. The unencumbered balance is $305,926.26. AB2928 requires that all
these funds be expended by June 30, 2004.
Staff recommends the appropriation of any remaining unencumbered balance of the Traffic
Congestion Relief Fund and any interest that has or will accrue to the fund, to an existing CIP street
rehabilitation project under the provisions of AB2928. Staff recommends that the Pavement
Rehabilitation Program FY 2004 - Overlay (STL-293) project, be funded with these monies. This
annual program was adopted during the budget process, and necessary TransNet funds were
appropriated at that time. This contract represents the first phase of the FY 2004 annual
rehabilitation program, with the overall pavement rehabilitation program to be advertised by summer
of 2004.
Bids were based on the original scope of work, which included Moss Street, from Third Avenue to
Fifth Avenue. Welton Street was included in the bid documents as a supplemental project, which
would be constructed should remaining funds be available based on lower than anticipated bids.
Unit prices for Welton Street would be the same as for Moss Street. The work to be done includes
removal and repaving of selected street areas, cold milling, crack sealing, AC pavement overlay,
replacement of traffic sigoal loop detectors, traffic control, striping and marking, and other
miscellaneous items of work.
General Services staff prepared specifications, plats, and advertised the project. Staff received and
opened bids on March 10,2004.
j,IGco","! ServiceslGS Admioistcation\Council AgendalSTL293\A 113-STL293 MossSt-TCRF Mar 2003.jcmdoc
7-2-
Page 3, Item ..:!.......
Meeting Date: 04/06/04
The City received bids ITom Six (6) contractors as follows:
CONTRACTOR BID AMOUNT
Base Bid
1. Frank & Son Paving, Inc. - Chu1a Vista, California $134,900.00
2. SRM Contracting & Paving - San Diego, Ca1ifronia $136,886.00
3. Daley - CCAC - San Diego, California $139,772.00
4. Hanson SJH Construction - San Diego, California $147,691.50
5. ABC Construction - San Diego, California $155,583.00
6. J.D. Paving, Inc. - San Marcos, California $160,554.85
The low bid submitted by Frank & Son Paving, Inc. is below the engineer's estimate of $164,452.50
by $29,552.50. The inclusion of Welton Street with this project increases the project bid amount to
$174,900.00.
Subsequent to seeking bids, staff determined that the available balance of AB2928 funds held by the
City was higher than previously projected. This will enable the City to increase the scope of the
project by an additional $43,275.00 per the "Greenbook" Standard Specifications for Public Works
Construction. As such, staff recommends appropriating an additional $43,725.00, above the
contract award amount, associated staff costs, contingencies, and testing expenses. These
supplementary funds will be expended on additional street rehabilitation projects, based on the unit
prices submitted by the contractor in the original bid documents. General Services staff has verified
the references provided by the contractor and their work has been satisfactory. The City's allocation
from AB2928 (Traffic Relief Congestion) for Fiscal Year 2002-2003 must be expended by June 30,
2004.
Disclosure Statement
Appendix "A" is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class I
categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
Wage Statement
Contractors bidding this project are not required to pay prevailing wages to persons employed by
them for the work under this project.
J:IGeneral SecviceslGS Admini,tcationlCouncit AgendaISTL293\A113-STL293 Mo"St-TCRF Mar 2003.jcm.doc
7-3
- -------~-------_.
Page 4, Item ~
Meeting Date: 04/06/04
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Frank & Son Paving, Inc.) $174,900.00
B. Additional Scope of Work $43,725.00
C. Contingencies (Approx. 15%) $30,000.00
D. Testing $5,000.00
E. Staff Costs, Design & Inspection $52,301.26
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $305,926.26
FUNDS A V AILABLE FOR CONSTRUCTION
Unencumbered AB2928 Traffic Congestion Relief Allocation I $305,926.26
TOTAL FUNDS A V AILABLE FOR CONSTRUCTION I $305,926.26
There are sufficient funds held by the City to fully offset all costs associated with the construction of
this project, with no impact to the General Fund. Upon completion of the subject project, the
improvements will require only routine City street maintenance.
Attachments: A. Contractor's Disclosure Statement.
J:IGeneral Servic"IGS AdministrationlCouncil Agenda1STL2931A113-STL293 MossSt-TCRF Mar 2003.jcm.doc
If
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, before any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chu1a Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
~ PAVlr'G, E. FRlK:IBJ) A. W\S;JEZ , ~
ALIr:IA W\S;JEZ,æsn:ENr
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
~ PAVlr'G, E. FRI\IICISJ) A. W\S;JEZ , ~
ALIr:IA W\S;JEZ , IRESlŒNI' FRAN< ',1'. VA9;;J:.EZ, V1Œ æsn:ENr
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N:m
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
\UN ŒJTIEæEZ, HaJEI::!' WNŒR
14
c: \A LE CAB! N ET\ WORD\STl29 3 \STl293 _MOSS - OVERlAY -CONTRACT. DOC
7-£
5. Has any person' associated with this contract had any financial dealings with an official" oflhe
City ofChula Vista as it relates to this contract within the past 12 months? Yes~No~
NJiE
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
NJiE
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chu1a Vista City Council? Yes No X If Yes, which Council member?
NJiE - -
7. Have you or any member of your governing board (i.e. Corporate Board ofDirectorsÆxecutives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes~No~----Jf Yes, which
Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official" of the City
ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes - No~ If Yes, which official" and what was
the nature of item provided?
Date: M\KH 10, æo4
Signa ac r/ Applicant
FRAlIIŒS::N , oc.l ALlCIA VA9;JIEZ
Print or type náme of Contractor/Applicant
, Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member ora board, commission, or committee of the City, employee, or staffmembers.
15
c: \ALE CABINET\ WORD\STl293\STl293 _MOSS - OVERLAY -CONTRACT. DOC
7-10
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING FUNDS FROM THE
UNENCUMBERED "TRAFFIC CONGESTION RELIEF FUND
(AB-2928)" BALANCE, AND AUTHORIZING STAFF TO
CREATE AND EXPEND ALL THE FUNDS IN A NEW STREET
REHABILITATION PROJECT
WHEREAS, on October 10,2004, cities statewide were issued grants by the State Controller
provided by Assembly Bill 2928 (AB-2928) "Traffic Congestion Relief Fund"; and
WHEREAS, funds allocated to a city under this bill (AB-2928) where put into a special
account and must be used only for street and highway pavement maintenance, rehabilitation and
reconstruction of necessary associated facilities such as drainage and traffic control devices; and
WHEREAS, a balance of unencumbered funds ($221,204.74) remains in the account which
must be expended before the end of the fiscal year following the fiscal year in which the allocation
was made; and
WHEREAS, staff recommends that a new project CIP street rehabilitation project be created
and funded with the remaining unencumbered balance of the Traffic Congestion Relief Fund.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does
hereby authorize the creation of a new CIP street rehabilitation project named "Pavement
Rehabilitation Program FY2004 - Overlay (STL-293)" be created.
BE IT FURTHER RESOLVED that the remaining unencumbered balance of the "Traffic
Congestion Relief Fund (AB-2928)," including any interest that has or will accrue to the fund, is
hereby appropriated to new street rehabilitation project (STL-293).
Presented by Approved as to form by
Vcw- '{. l+~
HI'"
Jack Griffin Ann Moore
Director of General Services City Attorney
attorne)\reso\ StreetlAB-2928 Traffic Congestion
7A
--.---.----..---.
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AUTHORIZING STAFF
TO INCREASE VALUE OF CONTRACT TO EXPEND ALL
AVAILABLE FUNDS, AND AWARDING CONTRACT FOR
THE "PAVEMENT REHABILITATION PROGRAM FY2004 -
OVERLAY - IN THE CITY OF CHULA VISTA, CALIFORNIA
(STL-293)" PROJECT
WHEREAS, on March 10, 2004, the Director of General Services received sealed bids
for the "Pavem ent Rehabilitation Program FY2004 ~ Overlay (STL-293)n project; and
WHEREAS, staff received bids from the following contractors:
CONTRACTOR BID AMOUNT
1. Frank & Son Paving, Inc. - Chu1a Vista, California $134,900.00
2. SRM Contractinl!; and Payinl!; - San Diel!;o, California $136,886.00
3. Daley - CCAC - San Diego, California $139,772.00
4. Hanson SJH Construction - San Diego, California $147,691.50
5. ABC Construction - San Diel!;o, California $155,583.00
6. J.D. Paving, Inc. - San Marcos, California $160,554.85
WHEREAS, the low bid submitted by Frank & Son Paving, Inc. is below the engineer's
estimate of$164,452.50 by $29,552.50 or approximately 18%; and
WHEREAS, the original scope of work consisted of pavement rehabilitation of Moss
Street from Fifth Avenue to Third Avenue using Asphalt Concrete (AC) pavement, but due to
the lower than expected bid, staff recommends the inclusion of Welton Street - which was
included in the bid documents as a supplemental project; and
WHEREAS, Engineering staff checked the references provided by the contractor and
all references were verified and their work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and is recommending awarding the contract
to Frank & Son Paving, Inc. of Chu1a Vista, California; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class I categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a
Vista does hereby accepts bids, authorizing staff to increase value of the contract to expend all
73-/
. "-.-----------.-.--
avaìlab1e funds, and awarding contract for the "Pavement Rehabilitation Program FY2004 -
Overlay (STL-293)" project to Frank & Son Paving, Inc.
Presented by Approved as to form by
~ '7. l--tv.-- '*"C.-
Jack Griffin Ann Moore
Director of General Services City Attorney
),lattomeyl.-esolpavement rehab STL-293 project
78-2
COUNCIL AGENDA STATEMENT
Item JL
Meeting Date 4/6/04
ITEM TITLE: Resolution Designating and setting aside certain city-owned
real property as right-of-way for street and public utility purposes as
necessary for the completion of the East H Street Widening Project
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City ManagerG('~- ;)~ (4/Sths Vote: - No-L)
fe!' The City Council is requested to adopt a resolution designating and setting aside portions of
certain City-owned lands for street and public utility purpose as a part of East H Street.
RECOMMENDATION: That Council adopt resolution.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
The City has completed the nEast H Street Improvement Project." This Project widened and
realigned East H Street to the north in the vicinity of Hidden Vista Drive. The widening requires
a portion of the adjacent City-owned parcels be utilized for the street improvements. These
parcels are Parcell of Parcel Map No. 13006 and Lot T of Map No. 10051. Both parcels were
originally offered for dedication to the City as open space lots. Both offers were rejected on the
record maps. Subsequently, in December 1983, these parcels were granted to the City in fee by
grant deeds.
In order to provide for franchise use and to ensure continuity and consistency of the rght-of-way
it is necessary to designate and set aside the utilized portion for street and public utility purposes.
The adoption of the resolution and the filing of a certified copy thereof with the County
Recorder's Office will establish the intended and physical use of the land.
FISCAL IMPACT: This action provides no additional impact to the General Fund. The
widened portions of East H Street will be regularly maintained as part of the City's overall street
maintenance program.
File: CY.IOI
Attachment: Area Plat
J:IEngineerlAGENDAIEast H street d and sl.doc
3/30/20044:06 PM
g../
¡
{
,
!
J
,
,
¡
I-
< {
~ '
c..
<
w ¡
~ ~
< c
ð
0
E
~
.
I
.
.
I
~
~
U
~
æ
~
:5
Ii
i5
~
'2-2-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING AND SETTING ASIDE
CERTAIN CITY-OWNED REAL PROPERTY AS RlGHT-OF-
WAY FOR STREET AND PUBLIC UTllJTY PURPOSES AS
NECESSARY FOR THE COMPLETION OF THE EAST H SREET
WIDENING PROJECT
WHEREAS, the City has completed the "East H Street Improvement Project"; and
WHEREAS, the widening requires a portion of the adjacent City-owned parcels be
utilized for the street improvements; and
WHEREAS, these parcels are Parcel 1 of Parcel Map No. 13006 and Lot T of Map
No. 10051. Both parcels were originally offered for dedication to the City as Open Space lots. Both
offers were rejected on the record maps; and
WHEREAS, in December 1983, these parcels were granted to the City in fee by Grant
Deeds; and
WHEREAS, in order to provide for franchise use and to ensure continuity and
consistency of the Right-of-Way it is necessary to designate and set aside the utilized portion for
Street and Public Utility Purposes.
NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista
does hereby designate and set aside certain city-owned real property as right-of-way for Street and
Public Utility Purposes as necessary for the completion of the East H Street Widening Project.
Presented by Approved as to form by
Cff:iD-e T(Yl ~ Ú-./ ~
Jack Griffin
Director of General Services City Attorney
[J:IATTORNEYIRESOI StreetlStreet Widening H St 2004
1
'3'-3
-~--.__.- ~
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: q
MEETING DATE: ~
ITEM TITLE: RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "E"
STREET TO "G" STREET FOR THE CINCO DE MAYO CELEBRATION ON
MAY 2, 2004 FROM 4 A.M. - 9:00 P.M., WAIVING PROHIBITION ON
SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING
IN THE EVENT
RESOLUTION APPROVING AGREEMENT BETWEEN CITY OF CHULA
VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR
FESTIVAL CINCO DE MAYO 2004 AND AUTHORIZING MAYOR TO
EXECUTE
SUBMITTED BY: DIRECTOR OF COMMUNICATIONS:}¡vf
REVIEWED BY: CITY MANAGER & tv~f v
-yr
4/5THS VOTE: YES D NO 0
BACKGROUND
The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third
Avenue and portions of other streets for Festival Cinco de Mayo on May 2. 2004. The
Festival Cinco De Mayo is an annual event. To operate the festival. the DBA requests that
Third Avenue be closed between nEn and "Gn streets from 4 a.m. - 9 p.m. on the
respective date of the event. Activities will include live entertainment along with
approximately 200 arts, crafts and food booths.
RECOMMENDATION
That the City Council adopt the resolutions:
aj Approving closure of Third Avenue from "En to "Gn streets and adjacent
side streets to the alleyways on May 2. 2004 from 4:00 a.m. - 9:00 p.m.
subject to the provisions and compliance with agreement, waiving
prohibition on sidewalk sales. and waiving business license tax for the DBA
and vendors taking part in the event.
q-/
----~---_.~--------
PAGE 2, ITEM NO.: Çi
MEETING DATE: 4/6/04
BOARDS/COMMISSIONS RECOMMENDATION
The Town Centre I Project Area Committee unanimously endorsed the street closures at
its meeting of March 17,2004.
DISCUSSION
May 2. 2004 - Cinco de Mayo Celebration
The DBA is requesting the following for the 2004 Cinco De Mayo:
1. The closure of Third Avenue between "E" and "G" streets on Sunday. May 2
2. Allowing sidewalk sales for each event; and
3. A waiver of business license taxes for the DBA and vendors taking part in the event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA
will be required to coordinate with the City's Traffic Engineer and prepare a traffic control
plan to the Traffic Engineer's specifications. The City's transit system will also be affected.
The Transit Coordinator's staff has agreed to the closure as long as "E" and "G" streets
remain passable for traffic. The DBA is aware of this stipulation and will abide by it.
The DBA has requested that the business license tax for this promotional event be waived
for festival. The taxes involved include a $5 assessment to the sponsoring organization
(DBA) and a requirement that each vendor have a Chula Vista business license (costing
$12.50 to each business without a current business license).
In the past. the City has waived the business license tax for the DBA and vendors taking
part in these events in order to encourage participation. The rationale for waiving the fee
is that the festivals attract thousands of visitors and residents to the Chula Vista downtown
and promote the downtown businesses. The resulting effect will be the generation of
additional commercial activity and increased sales tax revenue to the City. Waiving the
business license taxes will encourage vendor participation. Since having a large number
of vendors will help ensure the success of the events, staff recommends the waiver.
The event includes food booths and an alcohol tent. These areas will be operated in
accordance with the regulations of the San Diego County Health Department, ABC and
City of Chula Vista Fire Department and Police Department.
The City's Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 4 categorical exemption pursuant to Section 153O4(e) of the
State of CEQA Guidelines. Thus, no further environmental review is necessary.
PAGE 3, ITEM NO.: ì
MEETING DATE: 4/6/04
Additional conditions are listed in the agreement between the City and Chula Vista
Downtown Business Association.
AGREEMENT
Chula Vista Downtown Business Association and the City are entering into an Agreement
for the Cinco de Mayo Festival 2004. The Agreement provides the City with
indemnification for claims arising from the event. Additionally, it incorporates a variety of
conditions governing the operation of the event.
FISCAL IMPACT
The City will incur the administrative costs of processing this request. The DBA has
requested that the business license taxes be waived for the events. The tax involved is
a fee of $5 to the sponsoring organization (DBA) and a $12.50 tax for each participating
vendor not currently having a Chula Vista business license. By waiving this tax, the City
will forego approximately $500 in fee for this event. Costs for this event are paid by the
DBA or, in some instances, shared by City Departments. Costs incurred for individual
departments are itemized in their respective budgets.
ATTACHMENTS
. Hold Harmless Agreement
. Conditions of Approval
c¡
"--~u_u_---_.._---
FAX NO. : Mar. 03 2004 12:59PM P2
Page3of3
"
adX~
GROUP/ORGANIZA TION
WAIVER AND REI-EASE OF lIABILI1Y
ORGANIZATlON/QROUP NAME: C k \Å.l tL V, s'i"L 1:>1> '-" if\. n:,w VI B ~L-& 11>"1...," 8S II. g.5"oc ( t.Lv,'dV\.,J
EVeNT NAME; f:"s-nv-~ C¡"v\'--CD ~ t--lo...y 0
EVENT DATE: Mv....y:2-) 2--DO+
ON BEHALF OF THE ABOVE ORGANIZATlONfGlROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of
Chllia Viste, Its officers, agents, and employees or any other person from any arnj all LIABIL/1Y for any death, dl8llblllty,
personallnju/y, property damage, property theft or actions, inCluding any alleged or actual negligent act or omissions,
regardleas of whather such act or omission is ectiw or passive which may accrue to myself or members of my
organization/group or our heirs in connection with our partIcipatIon in the above-described event I fully understand and
acknowledge that the CITY OF CHULA VISTA Is relying on my representation that I have authorizatIon to sign this
document and that I will provide all members of my group s completed copy of this Waiver prior to our participation.
I expressly INDISMNIFY AND HOLD HARMLESS the City of Chura Vista, ils elected and appointed Officials, officers,
agents and employees from any and all liabilities or olalms mec/e by me or my organIzatIon/group, my/our hairs and any
other Individuals or entitles as a resllit of, or In anYWaY related to, or arisIng from, the event identified herein, any of
my/our actions in connection with my/our participatIon in this event except for those claims arIsing from the BOle
negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatIves. Such
indemnification includes liability settllilments, damage awards, costs and attomey fees associated with any such claims.
I hereby certify that I have read this document, understand its content, and am authoriZed to sign this document on behalf
of all members of the group I represent
DATE: 3/
SIGNATURE
NAME: '13¡".-~~
(Plea.. Prlnl)
IlTLE: F:- 'I e..Cu..I"\ vç.. Þ. j n:~ C..:tl>Ý -'--
ADDRESS: 1- Î?.- ~ ìy-oC ~ )vV
C.rhv.J..,^- VI f:1""(;'A.J. cPt- q I q {O
r
Rowrn completed ape,,'o' Event Appllcadon fonn, pi... on,. addltlonalattachmøntto 110 InfOrmation ro-
City ofChula Visl... Olllee of CommunicatIon'. . 276 Fourth Aven"", Chura Vl81e CA 91910 . To/: 619-69t-6296 Fax~ 819-409-5448
Form. """" bo allbml/led all...., 4~ days pt/or 10 .",,111 lit"" eta,.. lnoomptotø fonn. will not bit ProceSh6d,
. q. Lj
CONDITIONS OF APPROVAL
FOR
CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department.
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping.
3. The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closure. The notification must be sent by first class mail
at least seven days prior to the event date.
4. The DBA will be responsible for measures to insure that the noise generated by the
event's activities does not reach an excessive level. The DBA will undertake the following
measures in order to implement this condition:
a. DBA shall continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
b. A plan showing the location of the performing stages will be submitted for Office of
Communications staff review and approval prior to the event.
c. All band performances shall be limited to the hours of 10 a.m. and 6 p.m.
5. In order to meet the requirement of the Fire Marshal, the alleyways between "E" Street
and "G" Street. east and west of Third Avenue, shall remain open and unobstructed for
the purpose of fire apparatus access in the event of an emergency. The Fire Marshal has
required that all food-cooking vendors have a 2A10BC-type fire extinguisher readily
available in their booths.
6. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G"
Streets must remain open to traffic.
7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence
of general liability insurance in the amount of $3 million, in the form of a certificate of
insurance and an additional endorsement page naming the City of Chula Vista, its
officials, officers, agents, employees and volunteers as additional insured. The
endorsement page must include name of the insured, policy number and policy period.
8. The Downtown Business Association must execute an agreement to hold the City
harmless from any liability stemming from Festival activities in the street.
9. The Downtown Business Association shall obtain a temporary license from the ABC for
the sale of beer and shall comply with all requirements set forth in the license and by the
Chula Vista Police Department.
9--5
ATTACHMENT A
CONDITIONS OF APPROVAL - CINCO DE MAYO CELEBRATION
10. The location of the food and beverage tents shall be approved by the Police and Fire
Department at least 30 days prior to the event.
11. Sales, service and consumption of alcoholic beverages shall be permitted in the areas
designated on the ABC application diagram. Persons may not take alcoholic beverages
from the designated area nor shall persons be allowed to bring alcoholic beverages into
the designated area.
12. Applicant shall provide one (1) security person at each public entrance and exit for each
area noted in condition #11 and one (1) security person at each bar. Said security
persons must wear distinctive apparel and be present in the area where consumption is
taking place at all times that the license privileges are being exercised.
13. The security persons will prevent people from carrying alcoholic beverages outside the
designated area as well as preventing people from bringing alcoholic beverages into the
designated area as noted in condition 11. The security persons will verify the age of each
person who wishes to purchase or consume alcoholic beverages. That person will be
issued a distinctive wristband. No persons will be allowed to purchase or possess
alcoholic beverages without a wristband.
14. Alcoholic beverages may only be sold in distinctive paper, plastic, or Styrofoam cups and
no other containers may be used for the dispensing of alcoholic beverages.
15. All persons serving or dispensing alcoholic beverages must be at least 21 years of age.
16. No more than two (2) alcoholic beverage containers may be purchased by anyone person
at anyone time.
17. Cup size for alcoholic beverages shall not exceed 16 ounces.
18. Signs must be posted indicating "No one under 21 years of age allowed" in the bar area.
No signs are required at the food court. No persons under 21 years of age may be
allowed in the bar area. The food court will be open to persons of all ages. If no food
service is available inside the food court, it will be considered a bar area, and no persons
under 21 years of age may be present.
19. A three foot tall fence must separate the bar area and food court from other public areas.
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" STREET TO "G" STREETS FOR THE CINCO DE
MAYO CELEBRATION ON MAY 2, 2004 FROM 4:00 A.M.-
9:00 P.M., WAIVING PROHffiITION ON SIDEWALK SALES,
AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
WHEREAS, the City Council of the City of Chu1a Vista established a Business
Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business
Association ("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets
including adjacent side streets to the alleyway in order to conduct the Cinco de Mayo
Celebration on May 2,2004 from 4:00 a.m. - 9:00 p.m.; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales
so that the DBA can conduct the 2004 Cinco de Mayo celebrations; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2004 Cinco de Mayo
celebrations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a
Vista does hereby approve the closure of Third Avenue from "E" Street to "G" Streets from 4:00
a.m. - 9:00 p.m. on May 2, 2004, for the purpose of the DBA conducting the 2004 Cinco de
Mayo celebrations.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves
the requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the
2004 Cinco de Mayo celebrations.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves
the requested waiver of the City's Business License Tax for the Downtown Business Association
and all vendors participating in the 2004 Cinco de Mayo celebrations on May 2, 2004.
Approved as to form by
D~7.1~
-
Ann Moore
City Attorney
at/orneyl,esolspecial eve""ICineo de Mayo 2004.doe
1/+-
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AGREEMENT
BETWEEN CITY OF CHULA VISTA AND CHULA
VISTA DOWNTOWN BUSINESS ASSOCIATION FOR
FESTIVAL CINCO DE MAYO 2004 AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the City Council of the City of Chu1a Vista established a Business
Improvement Area on November 16, 1971, which created the Chu1a Vista Downtown
Business-Association ("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "H"
Streets including adjacent side streets to the alleyway in order to conduct Festival Cinco
de Mayo 2004; and
WHEREAS, as a condition of approving the closure of Third Avenue and
adjacent side streets, the DBA has agreed to enter into an agreement with the City which
contains a waiver and release ofliabi1ity as well as various other conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chu1a Vista does hereby approve the Agreement between the City of Chu1a Vista and
Chula Vista Downtown Business Association for Festival Cinco de Mayo 2004, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a Vista is
hereby authorized to execute said Agreement for and on behalf of the City of Chu1a
Vista.
Approved as to form by
D~7. H-~
I'tJIZ.
Ann Moore
City Attorney
atlomeylmolspecial eventslCinco de Mayo 2004 Agmt.dac
18-1
--- - --~~-______n..~~._----'-
q
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
]:) eM-- 7. (~ F.P/~
Ann Moore
City Attorney
Dated: April 1,2004
AGREEMENT BETWEEN THE CHULA VISTA DOWNTOWN BUSINESS
ASSOCIATION AND THE CITY OF CHULA VISTA FOR FESTIVAL
CINCO DE MAYO 2004
'18-2
_._----~_._-~-------
AGREEMENT
between
CITY OF CHULA VISTA
and
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION
for
Festival Cinco de Mayo 2004 Celebration
1. Indemnification.
In consideration of, and as a condition to, the City of Chu1a Vista approval of the Festival
Cinco de Mayo 2004 Celebration (hereinafter "Special Event"), the Chu1a Vista
Downtown Business Association (hereinafter "CVDBA") shall defend, indemnify,
protect and hold harmless the City of Chu1a Vista and Redevelopment Agency of the City
of Chu1a Vista, their respective agents, elected and appointed officers and employees
(hereinafter collectively referred to as "City"), from and against all claims for damages,
liability, cost and expense (including, without limitation, attorney's fees) arising out of
the conduct of the CVDBA, or any agent, officer employee, subcontractor, or other
person acting on behalf of the CVDBA in connection with the Special Events to be held
in 2004, except for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful
misconduct of the City.
CVDBA shall also defend, indemnify, protect and hold harmless the City from liability
arising from, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City which may be in combination with the active or
passive negligent acts or omissions of the CVDBA, its employees, agents or officers, or
any third party.
CVDBA indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City in defending against such claims, whether the same proceed
to judgment or not. CVDBA's obligations under this Agreement shall not be limited by
any prior or subsequent declaration by the CVDBA. CVDBA's duties under this
Agreement shall survive a decision by either party to terminate the other obligations
associated with the Special Event to be held in 2004.
2. Conditions of Operations.
CVDBA shall comply with the Conditions of Approval identified in Attachment A.
3. Insurance.
The Downtown Business Association must provide, 10 days prior to the Special Event,
evidence of general liability insurance in the amount of $3 million in the form of a
18-3
Apr. 01 2004 10: 32AM P3
FAX NO. :
FROM: O:'r"'II..II'IC¡.¡TICJI' 5
04/el/2004 11: 3G bl 9409-Q8
certificate of immrance IUld policy endol'8ement satisfactory to the City, naming the City
of Chula Vista and the Chula Vista Redevelopment Agency 118 additional insured
E)¡!:Cutod this L day of -A. p' ; L. 2004 in the City ofChuJa Vista, Califol11ia.
CVDBA CITY OF CHULA VISTA
BY:~ By: -
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved 88 to fann by:
ÂI1n Moore. City Attorney
QB-'f
CONDITIONS OF APPROVAL
FOR
CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department.
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping.
3. The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closure. The notification must be sent by first class mail
at least seven days prior to the event date.
4. The DBA will be responsible for measures to insure that the noise generated by the
event's activities does not reach an excessive level. The DBA will undertake the following
measures in order to implement this condition:
a. DBA shall continually' monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
b. A plan showing the location of the performing stages will be submitted for Office of
Communications staff review and approval prior to the event.
c. All band performances shall be limited to the hours of 10 a.m. and 6 p.m.
5. In order to meet the requirement of the Fire Marshal, the alleyways between "E" Street
and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for
the purpose of fire apparatus access in the event of an emergency. The Fire Marshal has
required that all food-cooking vendors have a 2A 1 OBC-type fire extinguisher readily
available in their booths.
6. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G"
Streets must remain open to traffic.
7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence
of general liability insurance in the amount of $3 million, in the form of a certificate of
insurance and an additional endorsement page naming the City of Chula Vista, its
officials, officers, agents, employees and volunteers as additional insured. The
endorsement page must include name of the insured, policy number and policy period.
8. The Downtown Business Association must execute an agreement to hold the City
harmless from any liability stemming from Festival activities in the street.
9. The Downtown Business Association shall obtain a temporary license from the ABC for
the sale of beer and shall comply with all requirements set forth in the license and by the
Chula Vista Police Department.
ql3-5
ATTACHMENT A
CONDITIONS OF APPROVAL - CINCO DE MAYO CELEBRATION
10. The location of the food and beverage tents shall be approved by the Police and Fire
Department at least 30 days prior to the event.
11. Sales, service and consumption of alcoholic beverages shall be permitted in the areas
designated on the ABC application diagram. Persons may not take alcoholic beverages
from the designated area nor shall persons be allowed to bring alcoholic beverages into
the designated area.
12. Applicant shall provide one (1) security person at each public entrance and exit for each
area noted in condition #11 and one (1) security person at each bar. Said security
persons must wear distinctive apparel and be present in the area where consumption is
taking place at all times that the license privileges are being exercised.
13. The security persons will prevent people from carrying alcoholic beverages outside the
designated area as well as preventing people from bringing alcoholic beverages into the
designated area as noted in condition 11. The security persons will verify the age of each
person who wishes to purchase or consume alcoholic beverages. That person will be
issued a distinctive wristband. No persons will be allowed to purchase or possess
alcoholic beverages without a wristband.
14. Alcoholic beverages may only be sold in distinctive paper, plastic, or Styrofoam cups and
no other containers may be used for the dispensing of alcoholic beverages.
15. All persons serving or dispensing alcoholic beverages must be at least 21 years of age.
16. No more than two (2) alcoholic beverage containers may be purchased by anyone person
at anyone time.
17. Cup size for alcoholic beverages shall not exceed 16 ounces.
18. Signs must be posted indicating "No one under 21 years of age allowed" in the bar area.
No signs are required at the food court. No persons under 21 years of age may be
allowed in the bar area. The food court will be open to persons of all ages. If no food
service is available inside the food court, it will be considered a bar area, and no persons
under 21 years of age may be present.
19. A three foot tall fence must separate the bar area and food court from other public areas.
q6-~
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: 10
MEETING DATE: 04/06/04
ITEM TITLE: PUBLIC HEARING: TO REVIEW THE CITY OF CHULA VISTA
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM;
THE HOME INVESTMENT PARTNERSHIP PROGRAM; THE
EMERGENCY SHELTER GRANT PROGRAM (ESG); AND THE
AMERICAN DREAM DOWNPAYMENT OGRAM
SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTORf..M
REVIEWED BY: CITY MANAGE pI'"'
4/STHS VOTE: YESDNO~
BACKGROUND
Each year the City undertakes a process to solicit and approve programs and projects eligible far
federal funding. This item addresses the review of the annual Community Development Block
Grant (CDBG) program; the HOME Investment Partnership (HOME) program; the Emergency
Shelter Grant (ESG) program; and the American Dream Downpayment Initiative (ADDI) program.
The public hearing provides an opportunity for the public and Council to make comments on
now CDBG; HOME; ESG; and ADDI funds con be allocated to meet the City's housing and
community needs. A complete staff report that identifies funding priorities, staff's anolysis ond
recommendations will be provided for the May 4, 2004 Council hearing.
RECOMMENDATION
That the City Council conduct the public heoring to review and accept public comment regarding
the Housing and Community Development needs for the 2004-05 CDBG program and HOME
program, accept the staff report, and direct staff to return on or about May 4, 2004 with the final
funding recommendations.
BOARDS/COMMISSIONS RECOMMENDATION
For fiscal year 2004-05 a CDBG Ad-Hoc Committee was formed and is comprised of two
Cammission members from the Commission on Aging; two Commission members from the
Housing Advisory Commission; a staff person representing Chula Vista Cares; and a staff person
from the Economic Development Division of the Community Development Department. The Ad.
Hoc Committee recommendations will be presented to the Council on Moy 4, 2004.
I
--.-------
PAGE 2, ITEM NO.: 10
MEETING DATE: 04/06/04
DISCUSSION
CDBG Proqram
The City of Chula Vista is eligible to receive $2,379,000 in CDBG entitlement funds from the U.S.
Department of Housing and Urban Development (HUD) for FY 2004-05. This amount is based
on statistical and demographic data compiled by HUD. In order to be eligible for block grant
funding, a project or service must address at leost one of the CDBG national objectives which
are: 1) Benefit primarily low and moderate income families; 2) Aid in the prevention or
elimination of slums or blight; and 3) Meet other community needs having a major emergency
(disasters, etc.).
Accompanying this report is the 2004-05 CDBG Notebook which compiles all administration &
planning; capital improvement; community projects; economic development; ond public service
applications for FY 2004-05. Although not a HUD requirement, the CDBG Natebook is used as
a tool by staff and Council members to display an overall picture of all the CDBG requests for
funding received on an annual basis.
The purpose of this public hearing is to offer the residents, non-profit organizations and other
interested parties an opportunity to comment on the various funding requests found in the
Notebook and summarized belaw.
The totol amount of CDBG funding requested is summarized below. It should be nated however,
that a $449,093 reduction will be necessary to bring the funding requests in line with the actual
amount of CDBG funds available for allocation.
CATEGORY AMOUNT REQUESTED
20 % funding cap
Administration and Plonning $475,800 Allowable budget: $475,800
Capital Improvement Program 1,446,475 No funding cap
Community Projects 303,500 No funding cap
Economic Development 169,445 No funding cap
15% funding cap
Public Services 532,873 Allowable bud et: $356,850
TOTAL $2,928,093
Community-based non profit organizations will make a presentation before Council
in the order presented below. Staff is available to respond to Council questions
reqardinq the City CDBG fundinq requests.
PAGE 3, ITEM NO.: 10
MEETING DATE: 04/06/04
ADMINISTRATION AND PLANNING
The following is a summary of the 2004-05 CDBG Administration ond Planning activities. The
City may allocate 20% or $475,800.
ADMINISTRATION REQUESTS AMOUNT REQUESTED
TAB 1 SOUTH BAY FAMILY YMCA HUMAN SERVICES COUNCIL $28,000
The Human Services Council develops coalitions between the communities of human
service provide'rs to effectively utilize personnel and programs and serve as a catolyst to
bring local government, privote industry and business organizations together to address
and resolve the communities needs.
TAB 2 REGIONAL TASK FORCE ON THE HOMELESS $1,000
This program provides local agencies information on the homeless population throughout
San Diego County.
TAB 3 CHILD CARE COORDINATOR $49,331
This position supports the mission of the Child Care Commission and addresses two
major goals: [1] serve as a resource to the Coordinating Council; and [2] increase
community awareness of the Child Care Commission.
TAB 4 FAIR HOUSING COUNCIL OF SAN DIEGO $39,000
The Fair Housing Council assists the City in providing fair housing opportunities, responds to
resident's concerns, and provides landlord-tenant counseling.
TAB 5 CITY STAFF ADMINISTRATION $358,469
Provides for staff costs in administering the CDBG program including operations.
CAPITAL IMPROVEMENT PROGRAM
The Capital Improvement program category includes both non-profit and City requests. The non-
profit capital improvement requests total $356,475 and the City capital improvement requests total
$1,090,000 for a total funding request of $1,446,475. The capital improvement program category
does not have a funding cap limit. In addition, the City CIP requests do not include projects to be
funded through the CDBG Section 108 loan program.
. ~._--~-~_.~-
PAGE 4, ITEM NO.:
MEETING DATE: 04/06/04
I NON PROFIT CIP REQUESTS AMOUNT REQUESTED I
TAB 6 BOYS & GIRLS CLUB OF CHULA VISTA $39,000
The Boys & Girls Club is requesting funds for restroom renovation, renovation of the senior
meeting room, installotion of security screens, and security system installation at the
lauderbach Center.
TAB 7 BOYS & GIRLS CLUB OF CHULA VISTA $65,000
The Boys & Girls Club is requesting funds to renovote the exisling metal roof, installation of
parking lot lighting for lhe front and South side of the building, and install a new waler
pressure pump system at the Oleander facility.
TAB 8 CHULA VISTA AMERICAN LITTLE LEAGUE $150,000
Funds are to being requested to complete the parking lot phase of the project. Currently, the
parking is inadequate and the dirt lot causes flooding.
TAB 9 CHULA VISTA NATIONAL LITTLE LEAGUE $102,475
Chula Vista Nationol little league is request CDBG funds to moke critical repairs and
much needed upgrades to our existing foci lilies located at Harborside Elementary. The
fences, backstops, dugouts, snack bar and score booths are all in need of repoir,
replocement or upgrades.
CITY-CAPITAL IMPROVEMENT PROGRAM AMOUNT REQUESTED
TAB 10 SIDEWALK IMPROVEMENTS $185,000
Sidewalk Rehabilitation Annual Allocation $125,000
ADA Curb Cuts Annual Program $ 60,000
TAB 11 DRAINAGE IMPROVEMENTS $905,000
Judson Basin Drainage - Hilltop to Tobias $525,000
North Broadway Basin Reconstruction $380,000
COMMUNITY PROJECTS
The three (3) Community Project requests total $303,500 and include the following type of
activities: [a] neighborhood revitalization/interim assistance and [bJ special activities by
community-based development organizations. There is not a CDBG funding cap for this
category.
/0- '-/
PAGE 5, ITEM NO.: 10
MEETING DATE: 04/06/04
I NEIGHBORHOOD REVITALIZATION/INTERIM ASSISTANCE AMOUNT REQUESTED I
TAB 12 LUTHERAN SOCIAL SERVICES. CARING NEIGHBOR $29,000
Lutheran Sacial Services is requesting funds to cantinue providing health and safety home
repairs to seniors. A majority af the labor is donated by local south bay contractors.
TAB 13 COMMUNITY PRESERVATION PROGRAM $219,000
Funds will be used to pay the salary of a Code Enforcement Officer for Broadway
Revitalizotion; COPPS; Community Education; and Properly Maintenance programs.
COMMUNITY BASED DEVELOPMENT ORGANIZATION AMOUNT REQUESTED
TAB 14 SOUTH BAY COMMUNITY SERVICES $55,500
COMMUNITY DEVELOPMENT PROGRAM
The Community Development Program includes Affordable Housing Development and
Oversight of resident services; Rental Assistance and Security Deposit Guarantee Program;
First-time Homebuyer Counseling and workshops with potential Chula Vista homebuyers
and individual homebuyer counseling.
ECONOMIC DEVELOPMENT REQUESTS
The five (5) Economic Development requests toto I $181,134 and include the following type of
activities: [aJ revolving loan program and [b] business retentian and expansion. There is not a
funding cap for this category.
ECONOMIC DEVELOPMENT PROJECTS AMOUNT REQUESTED
TAB 15 SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL $20,000
The SCEDC proposes to establish to small business development fund to assist small
businesses. This fund will allow the SCEDC to provide low interest loans to start-up and
existing businesses to expand, acquire equipment or to maintain working capital to pay
overhead expenses.
TAB 16 COMMUNITY DEVELOPMENT DEPARTMENT -
FEE REDUCTION PROGRAM $100,000
The praposed Development Impact fee Reduction program is designed to assist qualifying
companies within High Tech/Biotech Zone pay the fees collected by the City to fund the
actual construction cost of capital improvements (roads, sewers, etc.) Supporting the Zone.
/0-:;
- .-_~-----_._--.
PAGE 6, ITEM NO.: 10
MEETING DATE: 04/06/04
TAB 17 SOUTHWESTERN COLLEGE
CONTRACTING OPPORTUNITIES CENTER $15,889
This program provides hands-an technical assistance to all small, smoll disadvantaged,
veteran owned, woman owned ond Historically Underutilized Business (HUB) zone business
enterprises that desire to grow and expand their businesses in the governmental market
sector. The progrom will provide assistance in competing and potentiolly achieving
government contracts.
TAB 18 SOUTH BAY COMMUNITY SERVICES - TEEN CENTER $23,556
This program provides youth employmenl training through the KIDZBIZ program.
Youth ore taught the essentials of operating a business.
TAB 19 SOUTHWESTERN COLLEGE
SMALL BUSINESS DEVELOPMENT & INTERNATIONAL TRADE CENTER $10,000
The Small Business Development & Internationol Trade Center will provide Chula Vista
Businesses, that have been identified as potential growth companies, with detailed
research reports using Geographic Information System (GIS) for the purpose of helping the
businesses grow.
PUBLIC SERVICE PROGRAM
The City received fourteen (14) eligible requests for public services totaling $532,873. The city
may allocate up to $356,850 for public service programs, bosed on a 15 percent cap of the
entitlement funds ($2,379,000).
All of the funding requests for the public service programs are CDBG-eligible as they meet the
national objective to primarily benefit low-income families. The proposols are included in the
CDBG Notebook under Public Service Requests in the following sequence:
I YOUTH SERVICES AMOUNT REQUESTED i
TAB 20 CHULA VISTA YOUTH SERVICES NETWORK. COLLABORATIVE $144,150
This program provides youth educotion and counseling services in the orea of
tutoring/literacy, fine arts, mentoring, and day camp services. This collaborative is
comprised of South Bay Community Services, Chula Vista Police Activities League, South
Bay Family YMCA, Boys & Girls Club of Chulo Vista, the Chula Vista Cluster Coordinoting
Council, and the Chula Vista Parks & Recreation Department.
TAB 21 SHARP HEALTHCARE FOUNDATION $25,000
The Sharp Mobile Health Care Clinic will provide health care to children whose parents
cannot afford health insurance. The Mobile Heolth Clinic will rotate omong seven
strotegically located schools. Volunteers and nurses will transport students to the clinic
from schools throughout the School District.
PAGE 7, ITEM NO.: 10
MEETING DATE: 04/06/04
TAB 22 YMCA KINSHIP PROGRAM $46,000
The YMCA Kinship program provides services to relatives caring full time for children in the
family based on the premise that placing children within the family is more beneficial and
less disruptive than plocing the children in foster care.
I SENIOR SERVICES AMOUNT REQUESTED I
TAB 23 SOUTH BAY SENIOR COLLABORATIVE $90,645
This collaborative comprises the organizations of Meals-an-Wheels; St. Charles Nutrition;
Adult Protective Services; Lutheran Social Services Shared Housing; The Salvation Army;
Elder Law & Advocacy; and the Chula Visto Parks & Recreation Department. Each of these
organizations offer services to seniors including meal delivery; adult day care; and rental
assistance.
TAB 24 GEORGE G. GLENNER ALZEHEIMERS CENTER $10,000
The George G. Glenner center provides subsidized adult day care services through their
scholarship program. The funds requested will only be used to provide direct services to
frail elderly/Alzheimer's patients. The funds will not be used for administrative services.
i MISCELLANEOUS AMOUNT REQUESTED'
TAB 25 LUTHERAN SOCIAL SERVICES $15,000
COMMUNITY a. FAMILY SERVICES EMERGENCY ASSISTANCE OF CV
This progrom was formally known as Project Hand. Community & Family Services is an
emergency and career ossistance center that provides clients with shelter, food, clothing,
transportation, medication, job search assistance, and utility assistance.
TAB 26 CHULA VISTA FAMILY VIOLENCE PREVENTION
AND INTERVENTION COALITION - COLLABORATIVE $48,974
This program provides education and outreach services to children, youth and families to
aid in the prevention of violence. This collaborative proposal is comprised of South Bay
Community Services, Chula Vista Police Department, the Center for Community Solutions,
YWCA Domestic Violence Services, and YMCA Family Stress Counseling Services.
TAB 27 THURSDAYS MEAL $7,072
Thursdays Meal provides free hot meals to the homeless and very low income residents of
Chula Vista.
TAB 28 THERAPEUTIC SERVICES COLLABORATIVE $86,793
This new collaborative includes the Chula Vista Recreation Department Therapeutics
Program and the Charles Cheneweth Foundation. These two therapeutics programs will
collaborate to enhance the leisure/recreationol opportunities for individuals with disabilities
who reside in Chula Vista.
10-7
- ---~~~----
PAGE 8, ITEM NO.: /Û
MEETING DATE: 04/06/04
TAB 29 CHULA VISTA LITERACY TEAM CENTER $9,000
This collaborative proposal is comprised of the Chula Vista Public library, the Chula Vista
Adult School and the Altrusa Club of Chula Vista. This coalition was established with the
goal of reducing illiteracy in the community.
TAB 30 DRESS FOR SUCCESS - PROFESSIONAL WOMEN'S GROUP $9,000
This program is designed to provide Employment Retention and Professional Image
services to economically disodvantaged women who are making the transition from
government subsidy to economic independence.
TAB 31 INFORMATION & REFERRAL $12,739
The Recreation Department is requesting assistance for lhe Information & Referral
Specialist. The purpose of the I&R Specialist is to provide comprehensive, uncomplicated,
and readily available health and human service information.
TAB 32 METROPOLITAN AREA ADVISORY COMMlnEE
FAMILY SELF SUFFICIENCY PROGRAM $25,000
The MMC Project Self Sufficiency progrom provides employment screening and referral,
energy assistance along with other social service programs. MMC is requesting
assistance for their housing assistance and food voucher programs.
TAB 33 CHULA VISTA VETERANS HOME SUPPORT FUND $3,500
The Chula Visto Veterans Home Support Foundation raises money to fund quality of living
items for the Veterans Home residents that cannot be funded by the State of California's
Department of Veterans Affairs.
EMERGENCY SHELTER GRANT (ESG) PROGRAM BUDGET
Chula Vista will receive Emergency Shelter Grant (ESG) entitlement funds in the amount of
$87,169 for fiscal year 2004-05. Since this is the first year of the entitlement, it has yet to be
determined how the funds will be allocated. Currently, staff is reseorching the possibility of
collaborating with other local jurisdictions currently receiving ESG funds and pooling the
resources.
TAB 34 EMERGENCY SHELTER GRANT (ESG) PROGRAM $87,169
The Emergency Shelter Grant (ESG) program is designed to be the first step in a continuum
of assistance to prevent homelessness and to enable homeless individuals and families to
move toward independent living. ESG is a formula-funded program that uses the CDBG
formula as the basis for allocating funds to eligible jurisdictions. This is the first yeor Chula
Vista has been eligible to receive ESG funds.
10-$
PAGE 9, ITEM NO.: 10
MEETING DATE: 04/06/04
HOME PROGRAM BUDGET
The City will receive $1,048,000 in HOME funds from HUD for FY 2004-05. HOME funds may
be used to provide affordable rental housing and ownership opportunities through new
construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past six
years the City has used these funds to support new construction and acquisition activities related
to the development of affordable housing.
The following proposals are included in the CDBG Notebook under HOME Program Budget in
the following sequence:
TAB 35 HOME STAFF ADMINISTRATION $104,800
Administrative costs for city staff to oversee the HOME program. The administrative costs
represent 10% of the HOME budget and include staff costs for coordination, accounting,
monitoring of subrecipients, environmental review, and HUD reporting requirements.
TAB 36 COMMUNITY HOUSING DEVELOPMENT ORGANIZATION $157,200
HOME program regulations require a participating jurisdiction to set-aside 15% of the
annual HOME entitlement for a Community Housing Development Organization (CHDO)
for the purpose of developing and/or supporting the City of Chula Vista in providing
affordable housing projects in the City. These funds are allocated through 0 Request for
Proposal basis. Chula Vista currently hos two recognized CHDOs - South Bay Community
Services and the Metropolitan Area Advisory Committee (MMC).
TAB 37 SOUTH BAY COMMUNITY SERVICES OFFICE RENT $52,400
Funds will be used to for office space. As a community based development organization
HOME funds are eligible for this program.
TAB 38 AfFORDABLE HOUSING DEVELOPMENT $733,600
Funds will be used for affordable housing production, single-family rehabilitation, and
first-time homebuyer programs.
AMERICAN DREAM DOWN PAYMENT INITIATIVE
Chula Vista will receive $113,259 in American Dream Downpayment Initiative (ADDI) entitlement
funds for fiscal year 2004-05. This new entitlement program was signed into law by President
Bush in December 2003 under the American Dream Downpayment Act. These funds can be
used to assist first-time homebuyers and is awarded to participating jurisdictions with a
population exceeding 150,000.
TAB 39 AMERICAN DREAM DOWNPAYMENT INITIATIVE $113,259
The ADDI funds will be used in conjunction with the City's first-time homebuyer programs.
10-'7
PAGE 10, ITEM NO.: 10
MEETING DATE: 04/06/04
FISCAL IMPACT
The City will receive $2,379,000 in CDBG entitlement funds. The fifteen (15) percent cap will
limit the public service allocation to $356,850 and the twenty (20) percent cop will limit the
administration ond plonning allocation to $475,800. The City will also receive HOME funds in
the amount of $1,048,000.
New this year is the addition of the Emergency Shelter Grant (ESG) and the Americon Dream
Downpayment Initiative entitlement funds to the City af Chula Vista. ESG funds amount to
$87,169 and the ADDI funds amaunt to $113,259, respectively.
The grand total of all of Chula Visto's entitlement funds for fiscal yeor 2004-05 equates to
$3,627,428.
Jo\COMMOEV\STAFF.REP\O4-06-04\CDBG Publ;, Hea';"9 2004-05.da'
10-10
CITY COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 4/06/04
ITEM TITLE: Public Hearing: Zoning Ordinance Amendment PCA-04-02, a proposal to
amend Section 19.54.020 and add Sections 19.58.148 and 19.58.245 to the
Zoning Ordinance in order to provide new regulations for certified farmer's
markets, and to provide more flexibility for locating small-scale ambulance
dispatch services throughout the City of Chu1a Vista. Applicant: City of
Chu1a Vista.
Ordinance ofthe City Council of the City ofChula Vista amending Section
19.54.020 and adding Sections 19.58.148 and 19.58.245 to the Chu1a Vista
Municipal Code.
SUBMITTED BY: Director of Planning and BUi1dingr
REVIEWED BY: City ManagergroJ"
The proposal is to provide new regulations for certified farmer's markets and to provide more
flexibility for locating small-scale ambulance dispatch services throughout the City ofChula Vista.
The Environmental Review Coordinator has reviewed the proposed ordinance amendment for
compliance with the California Environmental Quality Act (CEQA) and has determined that it is
exempt pursuant to Section 15060 iÇ) (3) of CEQA. Thus no further environmental review is
necessary.
RECOMMENDATION:
That the City Council adopts the ordinance amending 19.54.020 and adding Sections 19.58.148 and
19.58.245 to the Chu1a Vista Municipal Code
BOARDS/COMMISSIONS RECOMMENDATION:
The Planning Commission held a Public Hearing on March 10,2004 and voted 5-0-0 to recommend
approval of the proposed amendments to the Zoning Ordinance designating certified farmers markets
and ambulance services as "Unclassified Uses", and establishing the regulations for said uses.
Attached is the Planning Commission resolution and the minutes from their hearing.
II ~ I
Page 2, Item No.:
Meeting Date: 4/6/04
DISCUSSION:
1. Background
Although the City of Chu1a Vista will be conducting a comprehensive update of the Zoning
Ordinance after the completion of the General Plan Update, staff is aware of several issues that
should not be required to wait until this major ordinance study. This begins a series of interim
ordinance amendments that staff hopes to bring forward to address pressing new issues, or to address
existing problems in the Zoning Ordinance that make it difficult for the public to understand and
staff to administer.
The items presented are the result of two separate requests, one from a member ofthe public seeking
to establish a farmers' market at Southwestern College, and a second to provide more flexibility for
the City's paramedic service contractor to establish small dispatch centers throughout the City to
improve emergency response times. Staff believed both of these requests were worthy of
consideration and could be addressed with relatively minor adjustments to the Zoning Ordinance.
2. Analysis
The proposed ordinance amendment involves changes to Section 19.54.020 - Unclassified Uses, and
the addition of Sections 19.58.148 and 19.58.245 to the Uses section. The amendments to 19.54.020
will allow consideration of the two types of uses mentioned, namely farmers' markets and small
scale ambulance services. It is important to note that the proposed language specifies "certified"
farmers' markets. Certified markets are heavily regulated by the state and county agricultural
departments, which generally prevents them from becoming less desirable flea markets or swap
meets. Since there are limited numbers of farmers willing to meet the state and county requirements
and be involved in the traveling retail efforts involved, the number of certified farmers markets is
somewhat self-regulating and is not likely to result in a proliferation of these events.
The addition of Section 19.58.148 would outline the minimum standards and specific issues that the
operator of a farmers' market must address as part ofthe conditional use permit application required.
In itemizing the topics for consideration, staff borrowed heavily from the City of San Diego's
requirements for special events including farmers' markets. While these events typically operate in
public and quasi-public venues, staff attempted to anticipate what other property owners might
consider establishing them. The proposed language would allow all such requests to be considered
on a case-by-case basis without the need for future ordinance amendments.
Concerning the change to the ambulance services, the City ofChula Vista currently does not share
fire station space with its paramedic service contractor to. The contractor must therefore establish a
separate series of dispatch locations to meet their response time obligations to the City. Some of the
11-2
\ II
Page 3, Item No.:
Meeting Date: 4/6/04
best locations apparently are in residential areas in which a single ambulance crew will rest and await
their next call. When a service call is received, the protocol is for the vehicle to leave the premises at
normal speed without turning on lights and sirens until they reach the nearest major intersection.
Therefore there will be no adverse impacts to their existence in residential zones. Staffbe1ieves that
the proposed ordinance change will provide the flexibility necessary to accommodate this system.
The ordinance will add Section 19.58.245 to the Uses section to specify some operational controls
for the proposed operations such as number of vehicles allowed, parking, number of employees etc.
Many "unclassified uses" require City Council final approval ofthe conditional use permit. Given
the relatively minor impact that farmers markets and ambulance dispatch centers are expected to
have, staff proposed that both activities be approved at the Planning Commission level. Appeal
rights to the City Council would still be available. At the Planning Commission hearing, it was
suggested by staffthat ambulance services might even be approved by the Zoning Administrator (see
attached minutes). The Commission agreed with that assessment and has included that modification
in their recommendation to the Council.
CONCLUSION: Staff recommends Council adopt the ordinance that will provide the procedures
and regulations for certified farmers markets and ambulance services in the City of Chu1a Vista.
FISCAL IMPACT: None.
Attachments
1. Planning Commission resolution
2. Planning Commission Minutes of 3/1 0/04
nPla""¡"gVohnSIStaff ReportslCC\2004lFarmers Market-Ambula"ces Ord Ame"d 3.doc
/1-3
RESOLUTION NO. PCA-O4-02
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING SECTION 19.54.020 AND
ADDING SECTIONS 19.58.148 AND 19.58.245 TO THE CHULA VISTA
MUNI CIP AL CODE TO ALLOW AND REGULATE CERTIFIED
FARMERS MARKETS AND AMBULANCE SERVICES WITHIN THE
CITY OF CHULA VISTA.
WHEREAS, the City of Chu1a Vista has been approached by an organizer of farmer's
markets who is interested in establishing such an event at Southwestern College; and
WHEREAS, the Chu1a Vista Municipal Code does not currently have specific regulations
for this unique method of selli,l].g food; and
WHEREAS, the City's paramedic service provider must provide their own dispatch
centers throughout the City of Chula Vista to meet contract response time objectives and some of
the most appropriate locations are in a range of zones; and
WHEREAS, staff prepared a draft ordinance amendment for consideration by the
Planning Commission to address both farmers markets and ambulance dispatch services; and,
WHEREAS, the Environmental Review Coordinator has determined that the proposed ordinance
amendment is exempt pursuant to Section 15060(c)(3) of the State CEQA Guidelines; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City as least ten days prior to the hearing, and,
WHEREAS, the hearing was held at the time and place as advertised, namely March 10, 2004, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED
AT THE HEARING, THE PLANNING COMMISSION finds as follows:
1. That well regulated certified farmers' markets can be of benefit to the community that can
be approved as unclassified uses by the Planning Commission, and
2. That small scale ambulance dispatch service offices disbursed to a variety of locations and
zones are necessary to provide an adequate emergency response system for the City of
Chula Vista and can be approved by the Zoning Administrator, and
3. Recommends that the City Council adopt the ordinance as shown in Attachment "A".
/I-If'
---------
Page 2
BE IT FURTHER RESOLVED THAT a copy of this resolution and its attachment be
transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 10th day of March. 2004, by the following vote, to-wit:
AYES: O'Neill, Hall, Castaneda, Horn, Felber
NOES:
ABSENT: Cortes, Madrid
ABSTENTIONS:
I
,
~~,
Diana Vargas ~
Secretary to Planning Commission
1:IPla"ni"gVohnSIDocumentsIResolutions\2003IPCMO4.01 2nd Unit Oed PC Reso.doc
/ 1,5
A7l/1L I-fMEJUT L
Planning Commission Minutes - 4 - March 10, 2004
2. PUBLIC HEARING: PCA 04-02; Zoning Ordinance Amendment proposal to
amend the Chula Vista Municipal Code to regulate
certified farmer's markets and ambulance services.
Background: john Schmitz stated that although the City will be conducting a
comprehensive update of the Zoning Ordinance after the completion of the General Plan
Update, tonight's amendment is first in a series of zoning ordinance amendments to
address small-scale immediate problems that do not need to wait until the
comprehensive update of the zoning ordinance.
The first amendment consideration is dealing with providing regulations for certified
farmers' markets and the second is dealing with the establishment of small-scale
ambulance dispatch/staging operations to serve the City.
Concerning the farmers' market, currently there are no specific regulations for them in
the ordinance. Staff believes that certified farmers' markets are well-regulated by both
the State and County Agriculture Departments and should be allowed. Since these types
of markets typically operate only one day per week and for a limited amount of time,
staff believes they can be regulated as unclassified uses and located in any zone under
the proposed standards. The proposed ordinance amendment was prompted in part by
an inquiry from an individual who wishes to negotiate with Southwestern College for an
agreement to open a market in the college parking lot when classes are not in session.
The Commission needs to make a determination whether the City should allow certified
farmers' markets as unclassified uses throughout the City. If so, should the permits be
approved by the Planning Commission rather than the City Council, and if allowed, are
the proposed requirements adequate to minimize the impact of a market on surrounding
uses on all potential zones.
Concerning the ambulance service, the ordinance currently recognizes them as
unclassified uses, but I imits them to hospitals if located within residential zones.
Similarly, the Commission needs to make a determination; should the small-scale
ambulance dispatching and staging operations continue to be allowed as unclassified
uses, but without the mandatory association with the hospital in residential zones. If so,
should they be approved by the Planning Commission, rather than the City Council. If
allowed, are the proposed requirements adequate to minimize the impact on the
surrounding uses.
Staff Recommendation: That the Planning Commission recommends to the City Council
adoption of the ordinance amending Section 19.58.020 and adding Sections 19.58.148
and 19.58.245 to the Chula Vista Municipal Code to allow certified farmers' markets and
small-scale ambulance dispatch services.
11-&
- -"-~-------
Planning Commission Minutes - 5 - March 10, 2004
Commission Discussion:
Cmr. Felber inquired if there could be a condition requiring the ambulance service not
to turn on their sirens until they are out of the neighborhood.
Mr. Schmitz responded that these types of conditions would be best addressed on a case-
by-case basis through the Conditional Use Permit process, rather than bogging down the
ordinance specifying detailed conditions.
Cmr. Castaneda stated that he recognizes that farmers' markets bring value to a
community by drawing people to a destination that will also vitalize surrounding
businesses, like our downtown area, however, in his opinion, serious thought needs to
be given as to where these uses will be allowed. He expressed concern with farmers'
markets popping up indiscriminately everywhere, i.e. on school properties or church
parking lots.
Mr. Schmitz stated that he did not believe there would be an over-saturation of farmers'
markets because they are self-regulated in that there are strict requirements requiring the
majority of the sales to come from "certified" farmers.
Cmr. Horn inquired how often the prospective applicant proposes to have his operation
at Southwestern College.
David Larson, stated that it would be once a week on Saturday mornings for
approximately 3 to 4 hours. Mr. Larson further stated that he concurs with Mr. Schmitz's
statement regarding self-regulation because the avai lability of legitimate certified farmers
is very limited.
With regard to the ambulance services, Mr. Hernandez stated that the nature of the land
use is simple and approval can be given as long as it meets certain criteria. He further
stated in an effort to streamline the process, would the Commission be agreeable to
allow this type of land use to be considered and approved by the Zoning Administrator.
Cmr. Castaneda stated that he would concur with staff's recommendation to allow this
use to be administrative approved by the Zoning Administrator, however, he would
recommend that it be appealable to the Planning Commission.
Cmr. O'Neill stated that although he somewhat shares Cmr. Castaneda's comments
regarding the over-proliferation of farmers' markets, he believes that the regulations
would preclude this from occurring, and the greater good that these uses bring to a
community override concerns he may have had.
II - 7
Planning Commission Minutes - 6 - March 10,2004
Cmr. O'Neill further stated that he has greater reservation regarding the ambulance
service because although the CUP may be conditioned to not turn on sirens in residential
street; it is difficult to enforce compliance. The public noticing for this use is very
important and the residents may have the last say.
Mr. Schmitz stated that unlike the farmers' market, the ambulance service is under
contract, therefore, not only do we have the CUP regulations, but we also have more
leverage with compliance through the contractual agreement with the City.
Doug Perry, Fire Chief stated that the construction of future fire houses call for them to
be large enough to house paramedic services. Until such time, there is a need to
contract for these services in remote locations throughout the City in order to maintain
the proper response time and provide the level of service in areas where the call volumes
reflect their need. Chief Perry stated that the public / private partnership that they have
with AMR is the standard that most jurisdictions try to achieve; we are able to provide a
very good ALS and BLS service to the community at no cost to the City.
MSC (O'Neill/Felber) (5-0-2-0) that the Planning Commission recommends to the City
Council adoption of the ordinance amending Section 19.58.020 and adding Sections
19.58.148 and 19.58.245 to the Chula Vista Municipal Code to allow certified farmers'
markets and small-scale ambulance dispatch services with the recommendation that
ambulance services be approved by the Zoning Administrator. Motion carried.
-f
.._----~----~-
ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.54,020 AND
ADDING SECTION 19.58.148 AND 19.58.245 TO THE CHULA
VISTA MUNICIPAL CODE TO ALLOW AND REGULATE
CERTIFIED FARMERS MARKETS AND AMBULANCE
SERVICES
WHEREAS, the City of Chu1a Vista has been approached by an organizer of farmer's
markets who is interested in establishing such an event at Southwest College; and
WHEREAS, the Chu1a Vista Municipal Code does not currently have specific regulations
for this unique method of selling food; and
WHEREAS, the City Council believes that well regulated certified farmers' markets can
be of benefit to the community; and
WHEREAS, small scale ambulance dispatch service offices disbursed to a variety of
locations are necessary to provide an adequate emergency response system for the City ofChula
Vista; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed
ordinance amendment is exempt pursuant to Section 15060( c )(3) of the State CEQA Guidelines;
and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 10,
2004, and has forwarded a recommendation to the City Council to adopt the proposed
amendments and additions to the City.'s Zoning Ordinance.
NOW, THEREFORE, the City Council ofthe City ofChula Vista does hereby ordain:
SECTION I That Section I9.54.020 of the Chula Vista Municipal Code is amended to read
as follows:
19.54.020 Designated - Limitations and Standards.
The following uses may be considered for location in any zone, subject to the provisions set forth
herein, and additional conditions set forth in Chapter 19.58 CVMC (references indicated for
uses):
A. Borrow pits and quarries for rock, sand and gravel;
B. Campgrounds: See CVMC 19.58.040;
C. Cemeteries: See CVMC 19.58.080;
//-'1
------_._"--
D. Colleges, universities, private schools, and elementary and secondary public schools;
E. Co1umbariums, crematoriums and mausoleums; provided, that these uses are specifically
excluded from all R zones unless inside ofa cemetery: See CVMC 19.58.080;
F. Churches:SeeCVMCI9.58.11O;
G. Dumps, public or private;
H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes,
nursing homes (for the aged, crippled, and mentally retarded of all ages), psychiatric, etc.:
See CVMCI9.58.110.
Further, approval shall not be granted until the following findings can be made (homes for
mentally retarded children):
1. The size ofthe parcel to be used shall provide adequate light and air in proportion to the
number of residents,
2. The location of windows and open play areas shall be so situated as to not adversely
impact adjoining uses,
3. Spacing between these facilities shall be such that the character of the neighborhood is
not affected by the grouping ofthese homes;
I. Mortuaries: See CVMC 19.58.080;
J. Establishments or enterprises involving large assemblages of people or automobiles, as
follows; provided, that these uses shall be deemed to be generally undesirable in the R zones:
1. Airports and heliports: See CVMC 19.58.180,
2. Amusement parks and amusement enterprises: See CVMC 19.58.040,
3. Arenas: See CVMC 19.58.040,
4. Fairgrounds: See CVMC 19.58.040,
5. Museums,
6. Open air theaters, except drive-in theaters: See CVMC 19.58.120(B),
7. Race tracks and rodeos: See CVMC 19.58.040,
8. Recreational centers, commercially operated: See CVMC 19.58.040,
11-
9. Stadiums,
10. Shooting clubs: See CVMC 19.58.290,
K. Go1fcourses: See CVMC 19.58.090;
L. Passenger stations for rail or bus travel;
M. Public and quasi-public uses;
N. Radio or television transmitters;
O. Trailers (commercial coaches): See CVMC 19.58.330;
P. Senior housing developments: See CVMC 19.58.390;
Q. Recreational vehicle storage yards: See CVMC 19.58.400;
R. Off-site advertising signs: See CVMC 19.58.225;
S. Water distribution facilities: See CVMC 19.58.420.
T. Certified farmers' markets: See CVMC 19.58.148.
U. Ambulance Services: See CVMC 19.58.245.
Conditional use permit applications for the uses listed in this section shall be considered and
approved by the following body or official. The zoning administrator shall approve all
ambulance service uses. The planning commission shall approve campgrounds, recreational
vehicle storage yards, churches, amusement arcades and centers, trailers (commercial coaches),
water distribution facilities, borrow pits of not more than two acres, and certified farmers'
markets. The city council, subsequent to its receipt of recommendations thereon from the
planning commission, shall approve all other unclassified uses not mentioned in this paragraph.
SECTION II. That Section 19.58. I 48. is hereby added to Chapter I9 of the Chula Vista
Municipal Code to read asfollows:
19.58.148 Certified Farmers' Markets
"Certified farmers' market" means a retail sales operation, generally outdoors, selling
predominantly fresh produce and/or flowers which is subject to the certification regulations of
the State of California Department of Agriculture, Weights and Measures, and the County of San
Diego's Department of Environmental Health.
A certified farmers' market shall operate under the following rules:
f{~11
---~._----_..._-_.. -.-.--
A. Operational requirements.
1. A farmers' market shall operate no more than once a week, with the day and hours of
operation established by the conditional use permit.
2. The sales area shall maintain a 25-foot setback from the street.
3. The market shall be located on a paved surface, except for areas used for animal rides.
4. The sales area shall be kept in a neat and well-kept manner at all times.
B. Signs. The operator of a farmers' market shall obtain approval of a planned sign program for
all signs. The development and approval of the planned sign program shall comply with the
provisions ofCVMC 19.60.050 and the following:
1. Temporary signs, whether a part of or not part ofthe planned sign program, identifying
the farmers' market and hours thereof may only be displayed during the event, and not
more than four (4) hours before and one (1) hour after said event.
2. Pennants may be used only for safety and precautionary purposes.
3. Price signs may be used only when of a size and location as to benefit the pedestrian
shopper and not passing vehicles.
C. Required conditions. The conditional use permit shall include requirements or standards for
the following:
1. Live animals, live entertainment or rides if any are proposed.
2. On- and off-site security and traffic controls.
3. Emergency access provisions.
4. Restrooms.
5. Waste management and recycling.
D. Parking. A certified farmer's market shall provide customer parking at a ratio of one space
per 200 square feet ofthe maximum shopping area proposed. The term "shopping area"
includes the area occupied by produce stands, vendor storage, walkways and aisles. If
adequate parking is not available on-site, the operator shall provide off-site parking within
300 feet of the market area as measured along permanently available pedestrian routes. Said
off-site parking shall be clearly identified as parking for the farmers market, including signs
at the market directing patrons to the offsite parking location.
E. If a certified farmers' market is located in a residential zone, it must be on property used
primarily for public or quasi-public uses
F. Any other conditions of approval set forth in the conditional use permit.
SECTION III. That Section 19.58.245. is hereby added to Chapter I9 of the Chula Vista
Municipal Code to read as follows:
19.58.245 Ambulance Services
Ambulance services may be located in any zone. Ambulance services can be incorporated into a
hospital complex or other governmental facility. When approving a conditional use permit for
1/-/2
ambulance services in a residential zone that is not part of a hospital complex and not located in
a federal, state or local government facility, the planning commission shall incorporate the
following conditions:
A. The service must be limited to the staging and dispatching of one ambulance from a
residential structure or unit.
B. At least three dedicated parking spaces for an ambulance and two employees are required.
The parking spaces shall be on-site and meet City standards for size, paving, access and
screenIng.
C. Except for shift changes and periodic inspections by managers, no more than three
employees shall be on-site at any given time.
D. Any other requirements the planning commission deems appropriate to minimize impacts on
the residential neighborhood.
Fleet maintenance or the storing of multiple ambulances shall not be allowed in a residential
zone, even if the use is part of a hospital complex or located at a government facility. Vehicles
that are on-call shall not be considered "stored."
SECTION IV. This Ordinance shall take effect and be in full force on the thirtieth day from and
after its adoption.
Submitted by Approved as to form by
Devv- ì, I-/~--
James D. Sandoval, AICP Ann Moore
Planning and Building Director City Attorney
11-/3
-.-----
COUNCIL AGENDA STATEMENT
Item 1'J.-
Meeting Date 4/6/04
ITEM TITLE: Public Hearing to consider amending Ordinance 2579, relating to
Interim Pre-SR 125 Development Impact Fee
Ordinance Amending Ordinance 2579, relating to Interim Pre-
SR 125 Development Impact Fee
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City Manager~"9(" (4/5ths Vote: Yes.lL No ~
In 1994, the Interim Pre-SR 125 Development Impact Fee (SR-125 DIF) was established to
ensure that sufficient funds would be available to construct a contingent north-south
transportation corridor should the SR-125 freeway not be constructed by Caltrans or not be
constructed in time to serve impending development. With financing now secured,
environmental constraints addressed and construction underway for SR -125, City staff
recommends that the fee be tolled. Staff also recommends that the Ordinance be amended to
allow transportation capacity enhancement improvements to be funded from fees already
collected for SR-125 DIF.
RECOMMENDATION: That Council conduct the public hearing and adopt the ordinance.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
Since its inception in 1988, the Transportation Development Impact Fee (TDIF) Program has
been effective in providing major arterial highways in Chu1a Vista ahead of or contemporaneous
with their need. Most of these facilities were not financed directly by TDIF fees because the
roads were needed prior to adequate funds being collected. Instead, developers installed the
major TDIF facilities as a condition of development in lieu of paying the fees.
The City became concerned that since most developers provided facilities in lieu of paying fees,
sufficient funds would not be collected in time to build an interim SR 125 facility should one be
needed. To address this concern, in 1994, the City transferred responsibility for building the
interim SR 125 facility from the TDIF Program into its own DIF program - the Interim Pre-SR
125 DIF, along with certain other adjacent connecting roadways.
As development progressed, however, the likelihood increased that an ultimate roadway, the SR-
125 toll way, would be constructed. The SR-125 toll way will better accommodate the increased
traffic volume than would constmction of an interim facility. The City therefore postponed plans
to constmct the interim improvement. Now that constmction has begun on the SR-125 toll way,
collecting fees for an interim roadway may be deferred.
/2.-1
Page 2, Item ......!2
Meeting Date 4/6/04
Staff recommends that the fee be tolled, not repealed, at this time. Tolling the fee provides City
Council greater flexibility to make decisions based on any changed conditions and development
growth patterns. Should a future need arise to reinstate the fee, Council will have retained the
discretion to do so in accordance with the requirements of State law.
The current ordinance allows the SR-125 DIF funds to be used to build an interim facility or
advance the construction of the ultimate SR-125 toll way. Staff recommends that the SR-125
DIF ordinance be amended to also permit the City to pay for costs associated with transportation
improvements that provide capacity enhancement. Delays in construction of the interim and
ultimate SR-125 improvements resulted in the need to construct certain capacity enhancement
and other TDIF projects ahead of schedule. These capacity enhancement projects served a
similar purpose as the Interim SR 125 DIF by mitigating the traffic impacts of the immediately
pending projects thereby ensuring those developments could move forward without the
construction of the ultimate SR 125 roadway. As such, staff recommends amending the
ordinance to allow the current SR-125 DIF to fund transportation improvements. If the SR 125
DIF fee is later reinstated pursuant to Ordinance 2579, staff anticipates that any future funds
collected pursuant to the reinstated fee will be used solely for costs associated with SR 125.
As tolling of the Interim Pre-SR 125 DIF will not go into effect until 60 days after the second
reading and adoption of the ordinance, staff will be obtaining security against the fee for those
permits that are obligated to pay the fee subsequent to tonight's Council action. It is staffs
intent to release the security once the ordinance goes into full force and effect.
Notification
Staff has been working with the development community with regard to tolling the Interim Pre-
SR 125 DIF fee, and has notified developers of the intent to recommend that Council amend the
Pre-SR 125 DIF to enable transportation capacity enhancement projects to be funded by the
Interim Pre-SR 125 DIF Fund.
FISCAL IMPACT: There is no impact to the General Fund. Tolling the Interim Pre-SR 125
DIF will discontinue the collection of fees.
Attachment:
Interim Pre-SR 125 DIF improvements
J:\EngineerIAGENDA\SR125 Tolling Fee.ds.cb.doc 3/8/04
/2--2
--
SEGMENT 1
SEGMENT 2
i
LOWEROTAY~ !
RESERVOIR .
i
---..j
;'
---_.J
L______----------:~~ ..-------------.---.----..--. ¡
'C~-
LEGEND 'Ä
~ INTERSTATE 0 FULL INTERCHANGE
~ STATE ROUTE 0 PARTIAL INTERCHANGE No Scale
- -. STATE ROUTE 125 CORRIDOR -n_n- CITY SPHERE OF INFLUENCE
- CITY STREET
12 3
ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA
AMENDING ORDINANCE 2579, RELATING TO INTERIM RE-SRI25
DEVELOPMENT IMPACT FEE
WHEREAS the City's General Plan Land Use and Circulation Elements
require adequate, safe transportation facilities be available to accommodate the
increased traffic created by new development; and
WHEREAS, the City Council determined that potential delays in the
construction of State Route 125 (SRI25) by Ca1trans or others will adversely
impact the City's ability to accommodate said increased traffic; and
WHEREAS, Ordinance 2579 established an Interim Pre-SRI25
Development Impact Fee which recognized the importance of State Route 125 to
the City's circulation system in the Eastern Territories and levied a fee on new
development to pay for an interim facility in the event State Route 125 could not
be built; and
WHEREAS, State Route 125 has received financing and is now under
construction.
NOW, THEREFORE, the City Council of the City ofChula Vista does
ordain as follows:
SECTION 1: FINDINGS
The City Council finds that the construction of State Route 125 will
provide a greater benefit in accommodating the increased traffic than will
construction of an interim facility within the general SR125 corridor which has
limited traffic capacity; and,
The City Council finds that the construction ofSR125 is no longer delayed
and has began construction; and,
The City Council finds that collecting the fees from the Interim Pre-SRI25
Development Impact Fee Program is no longer needed to protect the public's
health, safety, and welfare or to assume effective implementation of the City's
General Plan because of the progress of construction of SR-125; and
/2--'1
-..--_mo_-
SECTION 2: Ordinance 2579, is hereby amended to add a new paragraph as
follows:
The City shall not collect interim SR125 fees based upon the
findings set forth herein. If the findings are no longer valid the
City shall have the discretion to reinstate said fees in accordance
with the requirements of state law. If the fee is reinstated, funding
received from the reinstated fees will be used solely for the
purposes set forth in Ordinance 2779, Section l(c) 1 through 5.
SECTION 3 Ordinance 2579, Section 1 (c), Establishment of Fees, is hereby
amended to add a new paragraph as follows:
6. To advance the construction or financing of transportation
enhancing projects or transportation programs related to SR-125.
SECTION 4: Time Limit for Protest and Judicial Action
Any judicial action or proceeding to attack, review, set aside void
or annul this ordinance shall be brought within the time period as
established by law.
In accordance with Government Code Section 66020(d)(1), the
ninety-day approval period in which parties may protest begins
upon the effective date of this ordinance.
SECTION 5: Those portions of Ordinances 2579,2759, and 2770 not amended
by this ordinance.
SECTION 6: This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by Approved as to form by
~
JACK GRIFFIN Ann Moore
DIRECTOR OF GENERAL SERVICES City Attorney
JAttomcylOcdinancelO,dmanœ Intenm P'.e-SRI25
-6
COUNCIL AGENDA STATEMENT
Item: 13
Meeting Date: April 6, 2004
ITEM TITLE: Presentation on Current Code Enforcement Activities
SUBMITTED BY: Director of P1~ng and Bui1din~
REVIEWED BY: City Managertlf' 9~ (4/5ths Vote: Yes_NoX)
fÇ" Code Enforcement staff will present an information report regarding current activities. The
report includes a description of the reorganized and expanded Code Enforcement section and
emphasizes new proactive enforcement programs. Staff will also provide a status update of
current activities and additional planned enhancements.
RECOMMENDATION: N/A
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In April of 2003, Planning and Building staff presented a summary of the Code Enforcement
Strategic Plan that included recommendations for program enhancements. Today's presentation
provides an update to Council regarding expanded Code Enforcement activities and additional
planned enhancements.
The presentation discusses the reorganization of the Code Enforcement Section and describes the
responsibility and function of the Section's Community Improvement (Beat) Program and
Housing Inspection Program. The presentation also includes a status report on current Code
Enforcement activities and a schedule of future program enhancements.
Code Enforcement staff will be present and introduced during the presentation.
FISCAL IMPACT: N/A
13-/
CITY OF CHULA VISTA
MAYOR/COUNCIL
Metno
To: Lorraine ~ett, Deputy City Clerk
From: bnne L Harrison, Constitueot Services Manager
Date: 3/25/2004
Re: Appointmeot to the Housing Advisory Commission
Mayor Stepheo Padilla would like to appoint Annida Martin Del Campo to fill the "ex-officio"
position of the Housing Advisory Commission. Please place this on the City Council agenda of
April 6, 2004 for ratification. If you have any questions, please contact me at x5812. Thank you
for your assistance,
~ L. 'f/ ~(JÝJ
Anne L. Harrison
Constitueot Services Manager
.n1 .Ln/ c::;;.,., <> c.<-'1ff2:b-l~ S'<zn.JL.~ ..,..., :lA II!:
3-.:J6 04 - /'/1: ~A-
. C. V. ch:v ~ ^-"'= ii/etA) ~'" ì.s.s í 0>\ .
8/30/0"" - OK.. ez..ù~
1
/5-1
CITY OF CHULA VISTA
MAYOR/COUNCIL
Memo
To: Lomrine Bennett, Deputy City Clerk
From: Anne L. Harrison, Constituent Services Manager
Date: 3/26/2004
Re: Appointment to the Mobilehome Rent Review Commission
Councilmember Jerry Rindone (Seat #3) would like to appoint Mr. Jerold Siegel to fill a vacancy
on the Mobilehome Rent Review Commission. Please place this on the City CoWlci1 agenda of
April 6, 2004 for ratification. If you have any questions, please contact me at x5812. Thank you
for your assistance.
~Iv.II~
Anne L. Harrison
Constituent Services Manager
~/sDh - /Pr. ~'o/e./ c6<zJ lìo';: carr,z/llly s:erue 0.., <V1j
C, V. -B/c/c1r-, aJ1o1 /.r q c. v. f/e.s¡Ó/,zI'}-.
3\3OIö,-\. D',<:..~C2.<~~~ ~ ~
c....~~ <% ~~ ~ \(\~~~. i\c..
u:)\\ì ~ ~ ~r\~("" b ù.~
-'tð ~ ~ ~ ~ ~ ~ C).oI...Io-
~~\~~~~. ~~
1
Ib B-1
--"~-"~---- ~--"-"---- -- - - -----.